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HomeMy WebLinkAbout1000-125.-3-4.1ERIC J. BRI£SSLER ABIGAIL A. WICKHAM I,YNNE M. GORDON JANEI GEASA LAW OFFICES WICKHAM, BRESSLER. GORDON & GEASA, P.C. 13015 MAIN R()AD~ P.O. BOX 1424 MA3 I'ITUCK. LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw@aol.com November 22, 2010 WILLIAM WICKHAM (06-02) 275 BROAD HOt,LOW ROAD SUITE I 11 MELVILLE. NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 Att: Martin H. Sidor, Chairperson $outhold Town Planning Board Post Office Box 1179 53095 Main Road Southold, New York 11971 Re: Proposed Two Lot Conservation Subdivision for Edward Sawicki Premises: 2700 Route 25, Laurel, New York 11948 SCTM#: 1000-125-3-4.1 Dear Mr. Sidor: Mr. Sawicki and his family, after careful consideration, have elected to withdraw the ODA application. He will proceed with the sale of development rights to the Town of Southold in order to preserve it and retain it as an integral farm, not a potential subdivision. Accordingly, we have withdrawn the ODA application to the Town Board. We very much appreciate the extensive and expedited work of the Board and of Tamara and the other members of your staff. The review of the sketch maps was invaluable in determining the optimal area to reserve from the sale of development rights and the process helped Mr. Sawicki and his family in its consideration of the best manner to proceed for their family and their farm. Very truly yours, ,,I/1 }~/ dm 30 shdpbsidor cc: Land Preservation Dept. ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES ~ WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw~aol.com November 22, 2010 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE I 11 MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 Attn: Thomas A. Isles, SC Planning Director Suffolk County Farmland Preservation Committee 100 Veteran's Memorial Highway PO Box 6100 Hauppauge, NY 11788-0099 Re: Sawicki Family Property Premises: 2700 Route 25, Laurel, N.Y. - SCTM#1000-125-3-4.1 Dear Mr. Isles: The Sawicki family has decided, after considerable discussion, to sell their development rights without retaining the right to subdivide the farm in the future. Therefore they have advised me to withdraw the application. Thank you for your consideration. AA W/dm cccO/islesthomas : Town of Southold Planning Board Very truly yours, Abigail A. Wickham ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES ~ W1CKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw~aol.com November 22, 2010 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE I 1 I MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 Town Clerk Elizabeth A. Neville's Office Town of Southold Post Office Box 1179 Southold, New York 11971 Re: Sawicki Family Property Address: 2700 Main Road, Laurel, New York 11948 SCTM# 1000-125-3-4.1 Dear Ms. Neville: Mr. Sawicki and his family, after careful consideration, have elected to withdraw the ODA application. He will proceed with the sale of development rights to the Town of Southold in order to preserve it and retain it as an integral farm, not a potential subdivision. We very much appreciate the extensive and expedited work of your office, the Town Attorney's office, and the Planning and Land Preservation Departments in working on this matter. Very truly yours, Abigail A. Wickham AA W/dm cc:/;hdtcl lanning Board Land Preservation Dept. ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK~ LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw~aol.com November 22, 2010 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 Att: Martin H. Sidor, Chairperson Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold, New York 11971 Re: Proposed Two Lot Conservation Subdivision for Edward Sawicki Premises: 2700 Route 25, Laurel, New York 11948 SCTM#: 1000-125-3-4.1 Dear Mr. Sidor: Mr. Sawicki and his family, after careful consideration, have elected to withdraw the ODA application. He will proceed with the sale of development rights to the Town of Southold in order to preserve it and retain it as an integral farm, not a potential subdivision. Accordingly, we have withdrawn the ODA application to the Town Board. We very much appreciate the extensive and expedited work of the Board and of Tamara and the other members of your staff. The review of the sketch maps was invaluable in determining the optimal area to reserve from the sale of development rights and the process helped Mr. Sawicki and his family in its consideration of the best manner to proceed for their family and their farm. , A A W/dm 30/shdpbsidor ~ ': cc: Land Preservation Dept Very truly yours, NOV 2 9 2010 ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATHTUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw~aol.com November 22, 2010 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SU1TE 11 t MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631 ~24%9484 Attn: Thomas A. Isles, SC Planning Director Suffolk County Farmland Preservation Committee 100 Veteran's Memorial Highway PO Box 6100 Hauppauge, NY 11788-0099 Re: Sawicki Family Property Premises: 2700 Route 25, Laurel, N.Y. - SCTM#1000-125-3-4.1 Dear Mr. Isles: The Sawicki family has decided, after considerable discussion, to sell their development rights without retaining the right to subdivide the farm in the future. Therefore they have advised me to withdraw the application. Thank you for your consideration. Very truly yours, Abigail A. Wickham AA W/dm cc:/iSToleSth°rnas wn of Southold Planning Board ERICJ. BKESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES ~b~L WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK. LONG ISLAND NEW YORK 11952 631 ~298-8353 TELEFAX NO. 631-298-8565 wwblaw~aol.com November 22, 2010 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631 ~249-9484 Town Clerk Elizabeth A. Neville's Office Town of Southold Post Office Box 1179 Southold, New York 11971 Re: Sawicki Family Property Address: 2700 Main Road, Laurel, New York 11948 SCTM# 1000-125-3-4.1 Dear Ms. Neville: Mr. Sawicki and his family, after careful consideration, have elected to withdraw the ODA application. He will proceed with the sale of development rights to the Town of Southold in order to preserve it and retain it as an integral farm, not a potential subdivision. We very much appreciate the extensive and expedited work of your office, the Town Attomey's office, and the Planning and Land Preservation Departments in working on this matter. Very truly yours, Abigail A. Wickham A A W/dm ~cc/: ;hdtcl lanning Board Land Preservation Dept. NOV 2 9 2010 Page 1 of 2 Sadoo, Tamara From: Spiro, Melissa Sent: Wednesday, November 24, 2010 8:22 AM To: Lisa Kombrink; 'wwblaw@aol.com' Cc: Doroski, Melanie; Lanza, Heather; Sadoo, Tamara Subject: sawicki I wrote the following for several purposes, although mostly for background information for our files. Please let me know if you have any questions. Melissa Sawicki status as of Nov. 24, 2010 Last week we were advised by Gall that Ed Sawicki no longer wished to pursue the Conservation Subdivision Open Dev Area for which an application had been made to Planning. Planning granted sketch plan approval on Nov. 15, 2010 and the Town Board scheduled a hearing for the ODA application for Nov. 30th. Gall informed us that she had contacted the Town Clerk to withdraw the ODA application. The Landowner wishes to pursue PDR with a Reserve Area of 2.5556 acres and 10.49 acres to be preserved. This is basically the same layout as that of the Cons Subdivision ODA, without the landowner pursuing the approval of subdivision or ODA to gain approval for current or future residential lots. There is an executed contract for the Town's purchase of a development rights easement. At the time of the original application, the landowner was unsure as to whether or not he wished to pursue a Conservation Subdivision. The original application and contract described a project whereby Seller Reserved +4.5 acres and sold a _+9 acre Easement to the Town. The Land Preservation Committee was concerned at that time about: · The size of the Reserve Area: it did not involve clustering the lots on the small farm and thus impacted the farmland and resulted in the preserved area being less than the Town's 80% goal for preservation; · The fact that the Reserve Area included the irrigation well for the farm instead of it being located within the farm area; · The fact that the dirt farm road providing one of the access points to the farm was within the Reserve Area instead of within the Easement Area. Due to the above concerns, the following conditions were included in the executed contract: 1. A requirement that at closing that the Seller execute a Declaration of Covenants and Restrictions that requires any future subdivision of the Reserve Area to be pursuant to a cluster plan, so that 2_+ acres remain as Subdivision Open Space and is incorporated into the 9 acre Easement Area. 2. That the C&R require that any future subdivision be designed so that the irrigation well remain within the Easement Area or that access be provided to same. The Conservation Subdivision ODA that the landowner was pursuing addressed the above mentioned concerns. Now that the landowner is not pursuing the ODA, the above mentioned concerns were reviewed by the Land Preservation Committee to make sure that conditions met. The design of the current PDR proposal, reserving 2.5556 acres and preserving 10.49 acres, achieves the 80% preservation and includes the irrigation well within the Easement Area. Due to this, the requirement included within the executed contract for a Declaration of Covenants and Restrictions is no longer necessary. It is assumed that should the landowner or a future landowner apply to subdivide the Reserve Area in the future, that the Planning Board will review and consider the access to the farm area, and if such is integral to the viability of the farm, will design any future subdivision such so that the farm access remains with the farm 11/24/2010 or that access over such is provid~for farm purposes, Page 2 of 2 The Land Preservation Committee is prepared to proceed to closing on this project. Due to the fact that there are two existing residential dwellings on this property and the Town Code bulk schedule requires a minimum of 80,000 square feet per residential dwelling, the Town's payment will be calculated as follows: 10.4908 acres (surveyed Easement Area) -0.2287 acres (surveyed area of the unbuildable r-o-w located northeast side) -0.0391 acres (surveyed area of the unbuildable pond) -1.117 acres (160,000 [sq. ft. required by Code] - 111,324 [Reserve Area] 9.106 acres used for payment area 11/24/2010 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 Edward Sawicki to establish open development area as complete~ and hereby sets Tuesda~ November 30~ 2010~ at 7:35 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 Edward Sawicki, said property is identified as part of SCTM #1000-125-3-4.1, with an address at 2700 Route 25 (Main Road), Laurel. The property is located in the A-C Zoning District and is on the south side of Main Road, approximately 100 feet easterly from the intersection of Main Road and Franklinville Road in Laurel, New York. The proposed open development area is located on 2.5556+ acres of the 13.0464+ ocre parcel. The open development area consists of 3 lots to include 2 residential lots and 1 agricultural reserved area. The development rights of the remaining 8.74+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 THETOWNOFSOUTHOLD Eliz~eth Neville TownCle~ 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 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI November 16, 2010 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAIl.lNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Abigail Wickham, Esq. P.O. Box 1424 Mattituck, NY 11952 Re: Sketch Approval - Proposed Conservation Subdivision for Edward Sawicki Located at 2700 Route 25, Laurel SCTM#1000-125-3-4.1 Zoning District: AC Dear Ms. Wickham: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, November 15, 2010: The public hearing was closed. WHEREAS, 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 will total 62,401 sq. ft. (1.4325 acres) and Proposed Lot 3 will have an Agricultural 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) where 76,311 sq. ft. is subdivision open space in the A-C Zoning District; and WHEREAS, an application for Sketch Approval was submitted on August 1, 2010, including the sketch plan prepared by John Metzger, L.S., dated September 24, 2009 and last revised on November 7, 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 48,678 square feet of clustered subdivision open space located within Lot 3 which shall remain unbuildable pursuant to Southold Town Code §240-42; and WHEREAS, on October 12, 2010, referrals were sent to the following agencies for comment on the above-referenced project: Edward Sawicki Pa,qe Two November 16, 2010 · Town of Southold Engineer · Mattituck Fire District · Town of Southold LWRP Coordinator · Suffolk County Planning Commission; and WHEREAS, on October 29, 2010, the Mattituck Fire District submitted comments on the above-referenced application; and WHEREAS, 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 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, on November 10, 2010, the applicant submitted revised sketch plans; 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 RESOLVED, that the Southold Town Planning Board hereby grants Sketch Approval on the sketch plat prepared by John Metzger, L.S., dated September 24, 2009 and last revised on November 7, 2010. Edward Sawicki PaRe Three November 16, 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. Very truly 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 M_~ ll,ll~(~ 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 Q;~ality Review NEGATIVE DECLARATION Notice of Determination Non-Significant November 15, 2010 This notice is issued pursuant to Part 617 of tile 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 Edward Sawicki SCTM#: 1000-125-3-4.1 Location: 2700 State Route 25, Laurel SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration:Yes ( ) No (X) Description of Action: This Open Development Area Conservation Subdivision is a 3-lot proposed 80~60 conservation subdivision 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 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 which will total 456,977 sq. ft. (10.4908 acres) with the Development Rights sold to the Town of Southold in December 2010 for the purpose of farmland preservation. Pursuant to Article VIII of 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 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. Reasons Supporting Tht~etermination: 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 2 residential lots will use approximately 600 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) hydrogeologic 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 $CDHS 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 FAMIL Y DWELLING: 300 .qpd x 2 dwellin,qs = 600 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 parcel. The parcel is currently in agricultural production with an existing residential lot. No significant removal or destruction of large quantifies 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 each residential lot contain a vegetative buffer 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, archaeological, 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 ~,onfig similar in design a~ uration of existing lots within0 proximity. No known occurrence of archaeological resources have been ident~ed. 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 overall 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 pement 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 RESOLUTION 2010-911 ADOPTED DOC ID: 6372 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-911 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 Abigail A. Wickham, Esq. on behalf of Edward Sawicki 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 Edward Sawicki to establish open development area as complete~ and hereby sets Tuesday~ November 30~ 2010~ at 7:35 p.m.~ Southold Town Hali~ 53095 Main Road~ Southold~ New Yorlq as the time and place for a public hearing for the establishment of an open development area on property owned by Edward Sawicki~ said property is identified as part of SCTM #1000-125-3-4.1, with an address at 2700 Route 25 (Main Road), Laurel. The property is located in the A-C Zoning District and is on the south side of Main Road, approximately 100 feet easterly from the intersection of Main Road and Franklinville Road in Laurel, New York. The proposed open development area is located on 2.5556_+ acres of the 13.0464_+ acre parcel. The open development area consists of 3 lots to include 2 residential lots and 1 agricultural reserved area. The development rights of the remaining 8.74+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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUSI MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., 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 November 16, 2010 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765o1938 Fax: 631 765-3136 Abigail Wickham, Esq. P.O. Box 1424 Mattituck, NY 11952 Re: Sketch Approval - Proposed Conservation Subdivision for Edward Sawicki Located at 2700 Route 25, Laurel SCTM#1000-125-3-4.1 Zoning District: AC Dear Ms. Wickham: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, November 15, 2010: The public hearing was closed. WHEREAS, 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 will total 62,401 sq. ft. (1.4325 acres) and Proposed Lot 3 will have an Agricultural 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) where 76,311 sq. ft. are Subdivision Open Space in the A-C Zoning District; and WHEREAS, an application for Sketch Approval was submitted on August 1, 2010, including the Sketch Plan prepared by John Metzger, L.S., dated September 24, 2009 and last revised on November 7, 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 76,311 square feet of Clustered Subdivision Open Space located within Lot 3 which shall remain unbuildable pursuant to Southold Town Code §240-42; and WHEREAS, on October 12, 2010, referrals were sent to the following agencies for comment on the above-referenced project: Edward Sawicki Pa.qe Two November 16, 2010 · Town of Southold Engineer · Mattituck Fire District · Town of Southold LWRP Coordinator · Suffolk County Planning Commission; and WHEREAS, on October 29, 2010, the Mattituck Fire District submitted comments on the above-referenced application; and WHEREAS, 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 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, on November 10, 2010, the applicant submitted revised Sketch Plans; 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 3ublic hearing for the above-referenced application was held and closed; and WHEREAS, it is the intent of the Planning Board that, prior to approval of the Final Plat, the applicant will be required to file a covenant or an easement on the Agricultural Reserved Area shown on the approved Sketch Plan. The easement/covenant must prevent residential development of the Agricultural Reserved Area in perpetuity. It must also prevent the Agricultural Reserved Area from being separated from the rest of Farm Lot 3. The reason for this restriction is that the Agricultural Reserved Area has no Residential Development Rights associated with it. This Reserved Area is a portion of the "20% Development Area" that results from an "80/60 Conservation Subdivision" where 80% of the land is preserved and 20% may be developed". In this case, the 20% developable land was split three ways, two residential lots, which constituted the yield of the residential development after the required 60% reduction, and a third area that is to remain part of the larger Agricultural Lot 3. The Residential Development Rights of the Edward Sawicki Pa.qe Three November 16, 2010 original property are effectively used up by the two residential lots shown on the Sketch Plan, and the rest extinguished by the Purchase of Development Rights. The purpose of the Agricultural Reserved Area is to provide an area of the farm that allows for more uses than the area encumbered by the easement placed on the remainder of the farm as a result of the Pumhase of Development Rights. The covenant and easement must also ensure that the Agricultural Reserved Area will not be subdivided away from the rest of the Farm (no further subdivision of Lot 3, as shown on the Final Plat); 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 RESOLVED, that the Southold Town Planning Board hereby grants Sketch Approval on the Sketch Plat prepared by John Metzger, L.S., dated September 24, 2009 and last revised on November 7, 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. Very truly 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 Ql~ality Review NEGATIVE DECLARATION Notice of Determination Non-Significant November 15, 2010 This notice is issued pursuant to Part 617 of tile 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 Edward Sawicki SCTM#: 1000-125-3-4.1 Location: 2700 state Route 25 Laurel SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration:Yes ( No (X) Description of Action: This Open Development Area Conservation Subdivision is a 3-lot proposed 80/60 conservation subdivision 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 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 which will total 456,977 sq. ft. (10.4908 acres) with the Development Rights sold to the Town of Southold in December 2010 for the purpose of farmland preservation. Pursuant to Article VIII of Southold Town Code, the Town Board may grant the applicant the right to seek future approval of the creation of Iot~ 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. Reasons Supporting Thi~termination: 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: 1. It is estimated that the proposed 2 residential lots will use approximately 600 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) hydrogeologic 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 2 dwellinRs = 600 Rpd 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 parcel. 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 each residential lot contain a vegetative buffer 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, archaeological, 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 ~configuration of existing lots within~ 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 overall 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 3 COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING November 12, 2010 Town of Southold Planning Board Office P.O. Box 1179 Southold, N.Y. 11971 Att: Ms. Tamara Sadoo, Planner Re: Edward Sawicki Suffolk County Tax Map No.: 1000-125-3-4.1 Suffolk County Planning File No.: S-SD-10-07 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 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: · Access to proposed Lots 1 and 2 should be coordinated with the New York State Department of Transportation. · 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 John H. Corral 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 ERICLBRESSLER ABIGAIL A. WICKHAM LYNNEM. GORDON ]ANETGEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 IvL~TTI'IIJCK, LONG ISLAND NEW YOEK 11952 631-298-8.353 TELEFAX NO. 631-298-8565 wwblaw~l.com November 12, 2010 Town Clerk Elizabeth A. Neville's Office Town of Southold Post Office Box 1179 Southold, New York 11971 Re: Sawieki Family Property Address: 2700 Main Road, Lnurel, New York 11948 SCTMff 1000-125-3-4.1 WILLIAM WICKHAM (0~-02) 275 BROAD HOLLOW ROAD SUITE II1 MELVILLE, NEW YORK 11747 631 -~49-9480 TELEFAX NO. 631-249-9484 RECEIVED NOV 1 2 ~oulhol4 To~ Cle~ Dear Mrs. Neville: I am enclosing a Petition to the Southold Town Board with the sketch map as an Exhibit. The applicant, Edward Sawieki, desires to obtain an Open Development Area pursuant to the Southold Town Code Article vm Section 240-26. The surveys will be delivered on Monday. The development rights on 9,373 acres of a 13.0464 acre parcel are to be sold to the Town of Southold. In addition, 1.117 acres of the 13.0464 acre pereel will be clustered subdivision open space. The easement preserving at least 80% of the property will.consist of the easement to be signed and recorded on the sale of development fights, copy attached, and the open space covenants required by the Plann/ng Board as a condition of sketch plan approval, copy attached. We respectively request that you present the Petition to the Town Board in order to permit the Town Board to review the Petition and to schedule a public hearing and therefore adopt a Resolution recognizing an Open Development Area for the subject parcel. .,lAW~dm encL $O/shdtal Sadoo, Tamara Page 1 of 1 From: Sadoo, Tamara Sent: Monday, November 15, 2010 2:35 PM To: 'wwblaw@aol.com' Subject: RE: Sawicki ODA - Town Board Thanks for the update Gall. You actually do not need Health Dept. now as you are not creating the lots now. It's just sketch approval. When your clients come back in to actually create the lots, prior to Final Approval from Planning is when you will need Health Dept. Approval. But for Sketch and the ODA maps you do not need it. Thanks Tamara From: wwblaw@aol.com [mailto:wwblaw@aol.com] Sent: Monday, November 15, 2010 2:18 PM To: Sadoo, Tamara Subject: Sawicki ODA - Town Board Tamara - I filed the ODA petition and Lynne Krausa said she is putting on the Town Board agenda tomorrow to schedule the public hearing for Nov. 30. I understand you and she have spoken on this matter. I hesitated to send over 3 mylars and 9 paper prints to the Town Clerk until I knew, hopefully tonight, that the sketch map is approved with no further changes. She seemed to think that was okay, so I will get them printed up after tonight's hearing and over to the Town Clerk before the meeting on the 30th. We won't have Health Dept by then, so the surveyor was reluctant to print the mylars, but I think that's just the way the Town Code process works in our abbreviated time frame. Thanks for your help - see you this afternoon. Gail Wickham 11/15/2010 ~S ERIC J. BRESSLER ABIOAIL A. WICICHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, B1LESSLER~ GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw~aoLcom November 12, 2010 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 11 I MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 Town Clerk Elizabeth A. Neville's Office Town of Southold Post Office Box 1179 Southold, New York 11971 Re: Sawieki Family Property Address: 2700 Main Road, Laurel, New York 11948 SCTM# 1000-125-3-4.1 RECEIVED NOV 1 2 ~10 ~oulhol~t Town Cio& Dear Mrs. Neville: I am enclosing a Petition to the Southold Town Board with the sketch map as an Exhibit. The applicant, Edward Sawicki, desires to obtain an Open Development Area pursuant to the Southold Town Code Article VIII Section 240-26. The surveys will be delivered on Monday. The development tights on 9.373 acres of a 13.0464 acre parcel are to be sold to the Town of S outhold. In addition, 1.117 acres of the 13.0464 acre parcel will be clustered subdivision open space. The easement'preserving at least 80% of the property will consist of the easement to be signed and recorded on the sale of development tights, copy attached, and the open space covenants required by the Planning Board as a condition of sketch plan approval, copy attached. We respectively request that you present the Petition to thc Town Board in order to permit the Town Board to review the Petition and to schedule a public hearing and therefore adopt a Resolution recognizing an Open Development Area for the subject parcel. AAW/dm enel. 30/shdtcl Very tru~ y~rs/~/? / , NOV 1 5 2010 TOWN BOARD OF THE TOWN OF SOUTHOLD STATE OF NEW YORK In the Matter of the Application of EDWARD SAWICKI, individually and as Executor of the ESTATE OF STANLEY SAWICKI, Petitioner For the Establishment o fan Open Development Area Plan of the Clustered 80/60 Conservation Subdivision of the Sawicki Farm at Laurel PETITION TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD Petitioner, Edward Sawicki, individually and as Executor of the Estate of Stanley Sawicki, respectfully alleges and requests: 1. Petitioner is the owner of 13.0464 acres of real property located in the A-C Zoning District of the Town of Southold at 2700 Main Road, Laurel, New York ("the Property"), and makes this Petition to the Town Board of the Town of Southold for establishment of an Open Development Area pursuant to Section 280-a(4) of the New York State Town Law. 2. The Property is designated as SCTM#1000-125.00-03.00-004.001. 3. The Property is the subject ora conservation subdivision application pending before the Southold Town Planning Board, and more fully known as the Clustered 80/60 Conservation Subdivision of the Sawicki Farm at Laurel prepared by Peconie Surveyors and last dated November 7, 2010 (the "Map"), which Map is annexed hereto as Exhibit A. 1 4. The proposed conservation subdivision includes two (2) proposed residential lots of.4887 acres and 1.4325 acres, respectively, and an Agricultural Lot containing 11.1252 acres. The Agricultural Lot contains an Agricultural Preserved Area of 10.4908 acres, consisting of 408,299 square feet to which the development rights are being sold to the Town of Southold and 48,678 square feet of clustered subdivision open space. The total preserved area is more than 80% of the buildable land of the Property. 5. The Petitioner seeks the fight to obtain furore approval of the lots on the Map and issuance of permits for the erection of structures thereon in accordance with the A-C Zoning District and the density and minimum lot size for the lots in effect upon the approval ora Resolution of the Town Board establishing this Open Development Area as submitted. 6. The preserved area will have direct access to the Main Road, NYS Route 25, as shown on the Map. 7. The Petitioner desires to have the conservation subdivision recognized and approved as an Open Development Area (ODA). Wherefore, the Petitioner petitions ttfis Board pursuant to Article VIII Section 240-26 of the Code of the Town of Southold and pursuant to Section 280-a(4) of the New York State Town Law to hold a heating and to approved this petition by 2 declaring the site to be an Open Development Area, with full authority of the Petitioner to complete the subdivision at a future date. Respectfully submitted, /. /7 Edward Sawicki, individually and as Executor of the Estate of Stanley Sawicki STATE OF NEW YORK COUNTY OF SUFFOLK On November 10, 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Edward Sawicki, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and~t by his/her/their signature(s) on the instrument, the individual(s), or the person(s[~ entity(ies) upon behalf of which the individual(s) acted, executed the insmam~t~ ~ ~ ~7~. No~ Public ~ ~ ~ Re/ODAPetition DONNA McGAHAN Nota~, Public. State of New York No. 01MC4851459 Qualified In Suffo k County Commission Expires Aug. 18,~__ ~US" .TERED 80160 CQNSERVA TION. suBDIviSION. ~ SA WICKI FARM AT LAUREL ~ SKETCH PLAN 3une 14, 2009 ~GRA~rl- OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the _ ,2009 at Southold, New York. The parties are Estate of individually and as Executor, P.O. Bt . (.nere~n ca.~o 'Grantor"), and the TOWN OF SOUTHOLD, a munidpal corperation, having ~ principa{ office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (herein call "Grantee"). INTRODUCTION · WftERF--,4S,, Grantor is the owner in fee simple of certain real property located in the Town of Soul:hold, Suffolk County, New York, identified as part of SCTM #10t moro fully described in Schedule "A" all-ached hereto and made a par~ hereof and hereinafter referred to as the "Property" and shown on the survey dated and last revised, prepared by (a reduced copy of which is attached hereto and made a part hereof and hereinaffer referred to as the "Survey"; and WHEREAS, the Property is located in the A-C Zoning Districts of the Town of Southold; and H,'/C£REAS, the Property contains soils Classified as Class I and Class II worthy of conservation as idenUfied by the United States Department of Agriculture 5oil Conservation Service's Soil Survey of Suffolk County, New York; and WNERE,4~,, the Property is part of the New Yo~k State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production asdefined in this Easement; and WHEREAS, the Property is currently used for row crops; and WNERE/~S, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York Town Law ("Town Law'~) to protect environmentally sensiUve areas, preserve · prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agriculteral 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 subjec~ to any development; and WHEREAS, Grantor and Grantee recognize the va{ue and spaclal 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 benefida[ and has requested Granter, 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; NON/THEREFORE, in consideration of .... and other good and valuable cons~deraUon paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Sched'ule "A" annexed hereto and made a part of this instrument. TO/-I,4 VE,41VD TO hOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the properly 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 fee title to the property, and the exdusive dght of OCCupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, proVisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect Go the Property. The Grantor, for itself, and for and on behalf or its legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantors Warranty Grantor warrants and represents te the Grantee that Grantor Is the owner of the Property described in Schedule "A", free of any mortgages or liens. Grantee warrants and represents to Grantor that Grantee is a munidpal corporation organized and exisUng under the laws of the StaLe of New York and · is authorized under §64 of Town Law and §247 of the New York State General Hunicipal Law ("General Nunidpal LAW') to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual fights which may be necessa~, or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic'and a!]dcultural values of the Property and have the common purpose Of preserving these values. .. This instrument is intended to convey a Development Rights Casement on the Propert'/by Grantor to Grantee, exduslvely for the purpose of preserving its character in peqoetuity for its environmental, scenic, agricultural and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental. Recocmition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condiUon through conservation restrictions by the enacl~nent of General Nunicipal Law §247. Similar recognition by the federal government Indudes §170(h) of the Internal Revenue Code and other federal statutes.. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of th s Easement. in order to aid in Identifying and docum~?ing the present Condition of the Property's 'l:~'i~'mi,'~iC~"~i:i~l~dai,'~-~l"~e~thetic resources and otherwise to aid in identifying and documenting the Pmperty',.s agricu.~tural values as of the date hereof, to assist Grantor and Grantee with m.onitofiog th~ uses and activities on tile Property and ensuring compliance wibh the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and condiUons (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a survey prepared by dated and last revised. , an aedal photograph of the PropeFo/, and maps on file with the Town Land Preservation Department (modify as necessary). Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantors 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 Redtation in consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ~ARTICLE ONE THE EASEMENT 1.01 TVp~ This instrument conveys a Developmen~ Rights Easement (herein called the "Basement'9. This Easement shall consis~ of the limitations, agmemeots, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitstions, 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 PropeK-y for any purpose other t~an agricultural production as that term is presently referenced in §247 of the General Munidpal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") and including the production of crops, livestock and livestock products as defined in §301(2)(a)-0) of the New York State Agriculture and Markets Law (~Agriculture and Markets Law"), now or as such Laws and/or Cede may be amended. No future restrictions in said laws ~and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Improvement~' shall mean any addition to raw land, such as slzuctures, 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, includi.~g.wal_l~vays. Structure~. shall not include tr~ll'i~S: fen~e~, p~sts and wiring, farm r6ads or farm irrigation systems, nursery mats, or fendng used in connection with bonafide agricultural production, including without [imitation fendng to keep out predator animals, indudtng deer. Approvals for those items listed In the preceding sentence shall be as required by applicable provisions of the Town Code. ~_.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, Grantors agents, tenants, occupants, heirs, personal representatives, successors and assigns, aod all other Individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor" or "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO ~SALE . GRANTORS, for Six Hundred Three Thousand Dollars · ($603,000.00) and such other good and valuable oonsideration, hereby grant, release, and convey to Grantee this Easement, In perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. A R'rJCLE THREE PROHIBit'ED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee (''Land Preservation Committee'~ and other applicable provisions of the Town Code and 1.02 and 4.06 nf this Easement.: 3.02 Excavation and Removal of [vlaterials: Mlnincl 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 matedals 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 ~he-prto~wflt~en-~onse~t-ofq:;tantee. 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 dghts are acquired into two or more parcels, in whole or .. in part. 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. 3.04 Dumnino The dumping or accumulation of unsightly or offensive materials indudin~j, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohlbIL~:cJ. This prohibition shall exclude matedals used in t~he normal course of sound agricoltaral practices, including fertilization, composting and crop removal. _3.05' Sions 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 ProperLy 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 pest the ProperLy to control unauthorized entry or use, or (d) with U~e consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of t~e Town. 3.06 UtiliUes The creation or placement of overhead utility transmission lines, wires, pipes, wells or drainage systems C"utilitles") on the Property to service structures · . approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. The Property may not be used for the creation or placement of utilities to serv!ce any other properties. (subject to further discussion regarding irdgaBon well) 3.07 Prohibited Uses Except for uses spedfically 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 limlted.to adding academy, shall be, prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and indiJding the p~bduction of crops, livestock and livestock products as defined in Section 301(2)(a)-(j) of the Agriculture and Markets Law, now or as such Laws and/or Code may be amended, shall not be considered a commerdal use. Uses, improvements and activiUes permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farm stands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agdcL~lturai production shall be permitted on the ProperS. ~,,.~-~,~;:'~:~:-:-~,~ ...... -~-?:~----.~,.-:,~ -~:~-: ~:.:.: - 3.08 So.~il ar)d 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, herbiddes, and fungiddes) that are in accordance with sound agricultural management practices. 3.09 Drainacte The use of the Properb/for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3. 0 Develo entRi hts 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 dghts (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the dght to construct, maintain and replace any pre-existing structures, and to construct new structures, as such dghts may be provided in Section 4.06 or elsewhere in this Easement, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR. · GRANTOR'S RIGHTS zhO1 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 contlnue tb have the right to exclusive possession of the ProperLy, 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, State, or federal law. Grantor shall have the dght 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 dghts easement or other instrument, including but not limited to farm stands. 4.04 Landscaoino 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 ~h,.er ve~etati.o_g .w_.l~en ~.a.,d_,. ......... diseased, decayed or ~;[~'~ ~r;it~ter~dng'~ith agricfJltural production, to thin ' · and prune trees to maintain or improve the appearance of the Property, and to mow the Property. 4.0_5 Aqricultural Production and Ad;ivities Grantor shall have the right to engage in all types of agricultural production as the term is referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now or as such Laws and/or Code may be amended. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current Law and/or Code. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set fofch in §4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farm stands. 4.06 Structures and Improvements A. Allowable [mprovements. Grantor shall have the right to erect and maintain the following structures and improvements on the Property, as they may be permitted by the Town Code now or as same may be amended and subject to the approval of the Land Preservation Committee, provided the strt~ctures are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: including the existing ir~lgation well shown on the survey, (i) Undergrourid facilities~used to supply utilities solely for the use and enjoyment of the Property; (ii) Construction of new structures, provided such structures are necessary for or accessory to agricultural production; (iii) 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; B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, ,open space and scenic, vi~s~ otherwise be consistent with the Purpose of this Easement. No new construction is permitted outside of the area described in paragraph 4.06A(ii) above. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantors shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. :tn the event of damage resulting from casualty loss to an extent which renders repair of any existing ~ ~:, ~. :.::.~ . improvements or improven~ents bbilt o? permitted purs/Jant to t]~is Sectfibn 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permiL~ed in kind and within the same general location subject to the review anc~ wdtten approval of Grantee, pursuant to applicable provisions of the Town Code. ~.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 shalJ file all necassary applications and obtain ail 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. Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property, but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individL~al prindpals thereof, under any such conveyance. The instrument of any such conveyance shall spedfically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easer~nt, and shall incorporate this Easement by reference, specifically setting forth the dat~, once, liber and page of the recording hereof. The failure of any such insl]-ument to comply with the provisions hereof shall not affect Grantee's dghts hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Graptor 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. AR~C~ ~VE G_ RANTOR'$ OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or munidpal charges, which may become a lien on the Property, including any taxes or levies imposed Lo make those payments subject, however, to Grantors dght to grieve or contest such assessment. The fatlure of Grantor to pay all such taxes, levies and assessments and other governmental or munldpal charges shall not cause an alienation of any fights or interests acquired herein by Grantee. Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officerst employees, agents or Independent contractors, all of which shall be reasonable in amount, adsing from injury due to the physical maintenance or condition of the Property caused by Grantors actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligaUons. 5~03 Third Parbf Claifn~ - Grantor shall indemnify and hold Grantee harmless for any liability, coasts, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any o~f its officers, employees, agents or independent contractors, afl of which shall be reasonable in amount, resulUng: la) from injury to persons or damages ko property arising from any activity on the Property; and lb) from actions or clair, ns of any nature by third parties arising out of the entering into or exerdse of righ~ts under this Easement, excepUng any of those ma~ers arising (Delete solely) from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Reauirement tf Grantor,does not e_n~aAe in agricultural production for two (2) consecutive years, then Grantor shali implement a Natural Resources Conservation Plan (the "Plan'~ approved by Grantor (which approval by Grantor' shall not be unreasonably withheld) and by Grantee, including the Land Preservation Committee, to maintain or restore the Property to the condition in which it existed on the date of this Easement, as evidenced by the documentation referred to in Section 0.05, in order to protect the environmental, natural, scenic and agricultural values of the Property. In the event Grantor fails to comply with the provisions of this secUon 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 6.03. ARTICLE GRANTEE'S R][GHTS 6 En and Tns ' Grantee shall have the right to enter upon the Property at rea~sonab!e ) Umes, upon prior ~nd in a manner that will not interfere with ~rantor'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 uph~ld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided In Section 5.04 and 6.03, or to permit access upon the Property. §.02 Restoration In addition to Grantee's remedies under Section 5.04, Grantee shall have the right to require the Grantor to restore the~roperty to~Qditi~.requ~ ~y this Easement an_eLto enforce this dght 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 c~ops, livestock or livestock products resulUng from such causes. 6.03 Enforcement Riahts of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any 'violation of this Easement may be inadequate. Therefore, in addition to, and not es.a !imitation of, any other rights gf Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to, this Easement is not cured by Grantor within ,fifteen {15) days' writt~ n0~'ic~.thereof by Grantee (which no,dca requirement is expressly waived by Grantor vv~th respect to any such breach, default or violation which, in Grantee's reas:onable Judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shal{ have the dght at Grantors sole cost and expense and at Gr4~ntee's election: (i) To institute a suit to enjoin or cure §uch 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 ca, use the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To 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 dght 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, condiUon, covenant or obligation under this Easement. The cure pedod in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within ,f'~een (~'L5 ~ days. { Deleted: (how about 30?) ten (10) J ( Delet~d: (30?) ~-0 J .6.04 Notice All notices required by this Easement must be writtan. Notices shall be delivered by hand or registered or certified mail, return receipt re~luested, with suffident prepaid postage affixed and with return receipts requested. Nailed notice to Grantor shall be addressed to Grantors address as redted herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Nailed notice to Grantee shall be addressed to its pfindpal office retired herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grante~ may designate by notice in accordance with. this Seddon 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver Grantee's exerdse of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exerdse or delay in exercising any remedy shall not con~tute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinoulshment/Condemnation At the mutual request of Grantor and GranteE, a court with jurisdiction rna¥, if it determiees.that.cond~tions surrounding, the propertyJ~ave_ changedso ....... 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 Ume the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee. or by any other governmental · entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural value of the Properry and if the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the · value attributable to the development rights transferred hereby. ARTICLE SEVEN I~!SCELLANEOUS 7.01 Entire Undemtandln(~ This Easement contains the entire understanding between the parties concerning its subject matter. Any pdor agreement between the parlJes conceming its subject matter shall be merged into this Easement and superseded I~/it. 7.02 Amendment This Easement may be amended only with the wdtten consent of' Grantee and current Grantors and in accordance with all applicable State and local laws, Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and with the Purpose of this Easement, and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under thtemal Revenue Code §~70(h). The parties agree to amend the provisions o1: this Easement if such amendment shall be necessary, to entitle Grantors to meet the requirements of §~.70(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 fights and interest, following a public hearing and, thereafter, ratified by a roandatory referendum by the electors of the Town of Southold. No subsequent aroendment of the provisions of the Town Code shall alter the Iimltatlons placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. 7.04 Severebilit¥ Any provision of this Easement restricting Grantor's aL-tivities, which is determined to be !nvalid,or une~forceable, by-a-cour~sha[~.not.~e.J~lidated.: ..................... Instea~l, {hat 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 Gover' Law New York Law appllcable to deeds to and easements 9n land located within the State of New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. ?,_06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attomey drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consisi0ent with the purposes of this Easement. Any rule of stdct construction designed to limit i:he breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement and this Easement shall be interpreted broadly to affect the purposes of this Easement as Intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited their right to use the Property, except as otherwise recited herein, be construed at all times' a~d by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be inte.rpreted to grant, to the pt]blic, any dght~ 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. 7,0~ Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordinq Grantee shall record this Easement in the land records oi' the office of the Clerk of the County of Suffolk, State of New York. 7.10 HeadiflcLs The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN W/TNESS 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.ACCEP..T_~D: _ _ DRAFT - subiect to approval of Planning Board GRANT OF OPEN SPACE CONSERVATION EASEMENT THIS indenture made this __ day of November, 2010, by and between Edward Sawicki, individually and as Executor of the Estate of Stanley Sawieki, residing at Mattituck, NY 11952 (hereinafter "Grantor") to the Town of Southold, a municipal corporation o£the S~ate of New York, having its office at 53095 Main Road, Town of Southold, Suffolk County, New York (the "Grantee"). WHEREAS, the Grantor is the owner of a certain parcel of land containing 13.0464 acres of land identified by Suffolk County Tax Map number 1000-125.00-03.00-004.001; located at Main Road, Laurel, Town of SouthoId, Suffolk Cour~y, New York, said land being depicted on a certain map prepared by Peeonic Surveyors entitled Clustered 80/60 Conservation Subdivision of the Sawieki Farm at Laurel prepared by Pecunic Surveyors and last dated November 7, 2010 (the "Map") which has received Sketch Plan Approval from the Southold Town Planning Board and which said parcel of land is hereinafter referred to as "the Premises"; the Premises being more fully described on Scheduie A annexed hereto, and WHEREAS, Section 240-10(3)(b) of the Subdivision Code of the Town of Southold (the Code) requires that Conservation Subdivisions are required to preserve a minimum of 80% of buildable lands within the subdivision in perpetuity; and WHEREAS, as a condition of such subdivision approval, the Plarming Board has required that all of Lot 3 on said Map be encumbered by an Easement, as set forth below and to be recorded in the Suffolk County Clerk's Office, providing for an Agricultural Reserve Area and an Agricultural Preserved Area as to which a portion is clustered open space and a portion contains development rights acquired by the Town of Southold; WHEREAS, the parties recognize the envirenmentai, natural, scenic, open space and/or agricultural values of the Agricultural Reserve Area and the Agricultural Preserved Area and have the common purpose of preserving these values; and NOW THEREFORE, IN CONSIDERATION OF Ten ($10.00) Dollars and other good and valuable consideration between the parties, the receipt and sufficiency of which is hereby acknowledged. WITNESSETH: GRANT OF DEVELOPMENTRI@H-TS EASEMENT. Th~ Grantor has simultaneously herewith granted a Development Rights Easement encumbering the Agricultural Preserved Area portion of Lot 3, described in Schedule B a~tacbed hereto, to be recorded simultaneously herewith in the Suffolk County Clerk's Office. 2. CLUSTERED OPEN SPACE AREA UNDER SECTION 240 OF THE CODE. Pursuant to Section 240 of the Code, Lots 1 and 2 are clustered to an area of less than the 80,000 minimum square footage required by the Code. Accordingly, the clustered open space area of Lots 1 and 2 is 48,678 square feet and is included within the Agricultural Preserved Area of Lot 3. The Development Rights Easement runs concurrently with this Open Space Easement, and no specific portion of the Agricultural Preserved Area is allocated to this Open Space Area. This Open Space Easement is granted to conform to the provisions of the Town Code and acknowledge the restriction of UP to 48,678 square feet of the Agricultural Preserved Area of Lot 3 is encumbered by virtue of the 80/60 clustered subdivision regulations of the Town Cede. 3. RESIDENTIAL RESTRICTIONS ON LOT 3. The Grantor agrees that no part of Lot 3, including without limitation the Agricultural Reserve Area, shall be used for a dwelling or other residential use. 4. GRANTOR'S OWNERSHIP. The Grantor reserves the right to the ownership, use and enjoyment of the Premises to the fullest extent possible except for thc restrictions set forth herein, without unreasonable interference by the Grantee in the exercise of the Grantee's right granted herein. 5. CONSERVATION EASEMENT. Grantor agrees to the same prohibitions and restrictions within the Open Space Area as is included in the Development Rights Easement set forth above. 6. PERMITTED USES. The prohibitions and restrictions of this easement shall not preclude use of the Open Space Area for any other uses not specifically prohibited herein or in the Development Rights Easement, provided same are otherwise permitted by the Zoning Code of the Town of Southold, including, without limitation, walking, hiking, hunting, and other non-public, non-commercial, non-motorized recreation, and the right to prohibit or restrict the public from any access whatsoever. 7. MODIFICATION. This easement may be modified only at the request of the then owner of Lot 3 with the written consent of the Town granted by a majority plus one of the Planning Board of the Town of Southold, after a public heating. 8. ENFORCEABILITY. The terms of this easement shall be enforceable by Grantor or the Town of Southold, their heirs, successors and assigns, by injanctive relief or any other remedy in equity or by law. 9. PERPETUAL EASEMENT. This easement and the rights granted herein shall nm with the land, and shall continue and remain in effect in perpetuity. 10. ENFORCEMENT: In the event any breach or violation of any provision of this Easement, which is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect the natural status of the area subject to this Easement or the purposes 2 of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) (ii) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in this section may be extended for a reasonable time by Grantee if such restoration cannot reasonably accomplished within 15 days. 11. MISCELLANEOUS. This Agreement and the easements and rights granted herein shall binding upon the parties hereto and their respective successors and assigns. 1N WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first written above. STATE OF NEW YORK COUNTY OF SUFFOLK Edward Sawicki, individually and as Executor of the Estate of Stanley Sawicki On November 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Edward Sawicki, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument, the individual(s), or the person(s) or entity(ies) upon behalf of which the individual(s) acted, executed the instrument. Notary Public SCHEDULE A DESCRIPTION OF ENTIRE PREMISESON MAI~. SCHEDULE B DESCRIPTION OF AGRICULTURAL PRESERVED AREA Sadoo, Tamara From: Sent: To: Subject: wwblaw@aol.com Friday, November 12, 2010 2:42 PM Sadoo, Tamara Sawicki I had to submit an Open Space Easement in connection with the ODA petition. I included a copy of the Development Rights Easement which will be signed on the closing of the sale of development rights, and also drafted a quick Open Space Easement that picks up the residential restriction on the AG Reserve Area and the 48,... sq ft of clustered open space on the AG Preserved Area. We will probably want to add the usual PL C&R's - no further subdivision, etc., and tinker with the rest of the lanGuaGe, but I wanted to have somethinG included with the package to meet the Town Code requirement of an easement. I am attachinG a copy so you have it for your records, and if you want, we can discuss it at the meetinG Monday. Gail Wickham 11/12/2010 12:13 6~1 ~_~ DEPARTMENT OF PLANNING S C PLAHTHG COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEP November 12. 2010 PAGE 03 L31RECTOR OF pt,.&NNING 'Fown of Southold Planning Board Office P.O. Box 1179 Southold, N.Y. 11971 Att: Ms. Tamara Sadoo, Planner Re: Edward Sawicki Suffolk County Tax Map No.: 1000-125-3-4.l Suffolk County Planning File No.: S-$D-10-07 Dear Ms. r~,,~nt to tim rea ' nts of Section Al4 24 Article XFV of the Suffolk County Administrative Pu .............. ~mreme - · Code, the above referenced subdivision tbat has been referred to the Suffolk Counly Planning Commission is considered to be a mailer for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: * Access to proposed Lots 1 and 2 should be coordinated with the New York State Department of Transporlation, All prospective owners of the residential lots in this subdivision should be informed by means of' an adviseD' covenant and a note on thc 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 agricullural activities. JHC~c Sincerely, Thomas Isles, AICP Direclor of Planning John H. Corral Planner LOCATION MAILINO ADDRESS H. LEE DENNISON BLDG, - 4TH FLOOR P O ~,O~ 6t00 631} as3-51~1 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0(]99 TEL~C©PIER (631) a53~4044 11/]2./2818 12:13 631-853~44 $ C PLAHING Suffolk County Department of Planning Thomas A. Isles, Director P.O. Box 6~00 Hauppauge, New York 1~788 (631.853-5190) Fax: (631.853-4044) FAX TRANSMISSION COVER SHEET PAGE 01 To: Tamara Fax #: 765-3136 From: John Corral Date: 11/12/2010 Subject: SCPC Decision Letters YOU SHOULD RECEIVE 3 PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (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 ERIC J. BRESSLER ABIGAIL A. W1CKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw@aol.com November 10,2010 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 11 I MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold, New York 11971 Re: Edward Sawicki 2700 Route 25, Laurel, New York SCTM# 1000-125-3-4.1 Ladies and Gentlemen: In connection with the above application, enclosed please find Affidavit of Service by Mail together with the original certified mail receipts and the Affidavit of Posting. The retumed green signature cards will be delivered to the Planning Board upon receipt of SaBle. ['x Ver'd/~rul~y ygurs, . 'Abigail A. Wickham NOV 1 5 2010 PLANNiNG BOARD TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of EDWARD SAWICKI. Regarding Posting of Sign upon Applicant's Land Identified as AFFIDAVIT OF SIGN POSTING Parcel I.D. No. 1000-125-3-4.1 STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) I, Edward Sawicki, residing at 600 Maratooka Lane, Mattituck, New York 11952 being duly sworn, depose and say that: On the 1st day of November ,2010, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street, facing each street abutting this property; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be November 15, 2010. Ec~wiu~'S-awicki Sworn to before me this 10th ~day of November, 2010. Notary Public .. DONNA McGAHAN ,, , . Notary Public, State of New York - No. 01M048§1459 Ouall~'ied in Suffolk County Oornmisslon Expires Aug, 18, ~ 2010 PLANNiNG BOARD TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of EDWARD SAWICKI SCTM Parcel # 1000-125-3-4.1 AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK: :SS.: COUNTY OF SUFFOLK: I, Elin Corwin, residing at 2555 Youngs Avenue, Southold, NY 11971, being duly sworn, deposes and says that: On the ~ ~ay of November, 2010, I personally mailed at the United States Post Office in Mattituck, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Southold Town Assessor's Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property as attached. Elin Corwin S~"°~'t~ ~e~/~ 10 Notary lb~ublic Cheryl Simons Notary Public, State Ot New York No. 31-4970341 Qualified In Suffolk County Commission Expiree February 4, 20,z~/ t OV 1 5 2010 Listing of Tax Map ID 1000-125-3-2.3 1000-125-3-3 1000-125-3~-.2 1000-125-3-7.4 1000-125-3-7.5 1000-125-1-2.2 1000-125-1-2.8 1000-125-1-4.1 1000-125-4-25.1 Owners- Notices Sent: Owner Gian MarJo Mangieri Melinda Vitale Half Hollow Nursery Center Corp. Kenneth Gillian Mitchell & Theresa Wilcenski Christina Altman Thomas Wowak Laurel School District MTA LIRR Address P.O. Box 368, Laurel, NY 11948 2570 Route 25, Laurel, NY 11948 624 Deer Park Avenue, Dix Hills, NY 11746 2820 Route 25, P.O. Box 53, Laurel, NY 11948 2800 Route 25, P.O. Box 93, Laurel, NY 11948 P.O. Box 146, Laurel, NY 11948 2508 Route 25, P.O. Box 486, Laurel, NY 11948 Mattituck-Cutchogue UFSD, 385 Depot Ln, Cutchogue 11952 Att: James F. McKenna, Supaerintendent MTA Real Estate Dept, 347 Madison Ave. 8th FI, New York, NY 10017 Att: Allen Logalbo, Deputy Dir, LIRR Leasing & Acquisitions ,.~ Mitchell Wilcenski g Hollow Nursery Center Corp. orPOaox~. 624 Deer Park Avenue ~" ~;~'~ "~'~' ~'~'~':'- ~"'~ '~'~'~ ......................... ........ Sent To Ms. Melinda Vitale ~f~'~ ~7 ~:,.' ....................................................................... -o-~-~ -°_~x- ~-t ....~.~-7.-°- -~-°- ~--~-~ -- ~.-~- ........................................ Laurel, NY 11948 I ~Mr. GianMario ieri orF'Oaox~. P.O. Box 368 m~s~m~ Laurel, NY 11948 It P · Print your n~m~ m~l ~ld~m~ o~ Ihe m~me 624 l~er Park Avenue Dix Hills, NY 11746 D. I~ d~'y .ddmm c~.~ from It~n t? If YES, ent~' dellv~y ~ b~c. Ill 0 ~Ho~.~-~ed ID IcW~,m P,,e~p~ tot M~ [] I~mumd Mail [] C.O.D. so ~at we can r~um t~ c~l to you. · Affach this c~d to ~he beck of ~he m~llplece, or on the fl'ont If space permit& 4. P~ct~ [~h~' (~ea r-~ o~ 7009 1680 0000 2736 6001 Ns. Christina Altman P.O. Box 146 Laurel, NY 11948 ~'Ce~,ed Ma, 0 Exp.~ Mall ID I~md M~ 0 COD. [ ! 4. Restzicted DelNet~? ~aFee) I"1 ~- 7009 1680 0000 2736 5974 ~. Sa'w~e Type I~. ce,~med Ma~l O Exp~ Ma, 2. A~lcle Number PS Form 381 1, February 2004 Complete Eems 1,2, and 3. Nso comple~~ · Attach this can:l to the back of the mallplece, or on the front If apace permits. Mr. rio Man$ieri Laurel, NY 11948 pS Fom~ 3811, r-'ebmaW 2004 [] In~umd Mall [] C.O.D. 4. Resembled De4h~e~ ~m FeeJ l-J~ .11~ 7009 1680 0000 2736 5998~ all~ ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MAI TI'I LICK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAXNO. 631-298-8565 wwblaw~aol.com WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 November 10, 2010 Att: Tamara Sadoo Southold Town Planning Board Post Office Box 1179 53095 Main Road $outhold, New York 11971 Re: Proposed Conservation Subdivision for Sawicki Farm at Laurel 2700 Route 25, Laurel, New York 11948 SCTM#: 1000-125-3-4.1 Dear Tamara: Enclosed are seven prints of the revised Sketch Map with your requests incorporated. Further, please amend the name of the application to "Clustered 80/60 Subdivision Of Sawicki Farm at Laurel." Since other members of the Sawicki family own or owned this property for many years, the map should not contain one family member's name only. Very truly yours, W/dm encl. 30/shdpbs~tchsawicki Abigail A. Wickham 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 November 3, 2010 Ms. Gail Wickham Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road, PO Box 1424 Mattituck, NY 11952 Re: Proposed Two Lot Conservation Subdivision for Edward Sawicki 2700 Route 25, Laurel, NY 11948 SCTM#1000-125-3-4.1 Dear Ms. Wickham, The Southold Town Planning Board has reviewed the above referenced application at their November 1,2010 Work Session. Based upon this review, the following additions to the Sketch Plan map are requested by the Southold Town Planning Board: 1 ) Please include the following language upon the map regarding the "Agricultural Reserved Area": "Prior to approval of the Final Plat, the Planning Board shall require either a covenant or an easement to be placed on the Reserved Area shown on the approved Sketch Plan. The easement/covenant must prevent residential development of that Agricultural Reserved area in perpetuity. It must also prevent the Agricultural Reserved Area from being separated from the rest of farm Lot 3. The reason for this restriction is that the Agricultural Reserved Area has no residential development rights associated with it. This Reserved Area is a portion of the "20% development area" that results from an "80/60 conservation subdivision" where 80% of the land is preserved and 20% may be developed." In this case, the 20% developable land was split three ways, two residential lots, which constituted the yield of residential development after the required 60% reduction, and a third area that is to remain part of the larger agricultural Lot 3. The residential development right of the original property are effectively used up by the two residential lots shown on the Sketch Plan, and the rest extinguished by the purchase of development rights. The purpose of the Agricultural Reserved Area is to provide an area of the farm that allows for more uses than the area encumbered by the easement placed on the remainder of the farm as a result of the purchase of development rights. The Agricultural Reserved Area shaft not be subdivided away from the rest of the Farm (no further subdivision of Lot 3, as shown on the final plat)." 2) Please change the label of the "Reserved Area" to read "Agricultural Reserved Area." Included are the map changes previously requested on August 31, 2010 by the Southold Town Planning Board: o The title of the map shall be changed to read "Clustered 80/60 Conservation Subdivision for Edward Sawicki - Sketch Plan" o Clearly mark and delineate the proposed "Reserved Area" with a dashed line on the map. o Label the Preserved Area as "Lot 3" o Please labelthe Preserved Area as "Lot 3". o Please include a table which explicitly lists the following: o Total area o Preserved area o Reserved area o Developable area o Total subdivision open space o Remove the 75/75 Conservation calculations from the map o Please include on the map the total amount of Subdivision Open Space and list it as such. o Please ensure that the numbers for the total Lot Yield calculation is correct. The Southold Town Planning Board requests that the revised maps be submitted by Wednesday November 10, 2010 for review, prior to the Southold Town Planning Board Public Hearing being held for this application on Monday November 15, 2010. If you have any questions, please do not hesitate to contact this office. Thank you. Tamara Sadoo Planner Southold Town Plar,, Board Work Session - PaRe Two - ~7,~ber 1, 2010 L.L~c.~!9.n_: ................... ?n_t_he s_/_s_/0 C__ol_o_n_y_._P,_g._a_d~,_a~pp.r_o_x..!_m_a_t_e~ 470' e/o Ba~i. _e_w.~y_e_n_u_~,~i_n South.o_!.d__ 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_g_.ual.s__2_9,358 sq: ff. jn the R_-_8__0_Zonin~_D_is_tri _ct_~ Statu_s _~_o_n_d__t._.o_n..a._ _S k e~t .c~ _ .A_p~_r_o_ .v. a_! Action: ' Schedule site visit. Attachments: ~_t_a___ff_ _P,__e~.~.[t_ _~_u.._b._..d..!._v_!~ ! ~._,1_/. _...O...@_A... ............................................. L ......................... L ............................................................. . k~!..o. ,.~ ~ ~ 0.~.__N.~ S_..~ .o___u_t.._e_.._2__5.__ !~ .a_~_r._e_~ .................................................... 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 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 ~ A-C Zoning District. . Status: i. ~ ..w_aj.t i n_.9. ~.S k e_t c_h?_l~.EEo_v.a_l ....................................................................................................................... , Acbon: [ Rewew comments from refem_n~g agencies, i ^tta~.h.._m..~.n.t~; ............... i __s. t__a. ff.. R_.ep .o_~ Project name: Demchak, M,chael - Conservation [ SCTM#: , 1000-84-1-11 & 12.1 ..................................................... . .S_ .u_b_d ivis i° nl._O ~_A ............................... J ................................................................................................ Description: This is a proposed 5-1or 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 ~:f_:..~_he..~e.. t I~ e....D_e_v_e! 0_p..m..e..n..~.. R...!g!~s__ _w_i !l_b ~ s~o I~d..tg._t_h_e..__T..o_ .~...0_~.. S._o_yt.h_o?l_._ ........................ Status: i Awaiting Sketch ...A_~roval For Discussion: · Comprehensive Plan Process Sawicki needs a nice detailed notation for a C&R to be placed by the Planning Board at Conditional Final Approval that states the following: rovM of the Final Plat, the Planning Board shall require either a covenant or an ~ asement to be placed on the Reserved Area shown on the approved Sketch Plan. The asemenffcovenant must prevent residential development of that Reserved Area in perpetuity. It ust also prevent the Reserved Area fi.om being separated from the rest of the farm lot 3. / / he reason, for. this. restriction, is that the. Reserved. Area has,, nOo residential develo_p,,m, ent rights' associated with lt. This Reserved Area is a portion of the 20 ~A development area that results from an "80/60 conservation subdivision" where 80% of the land is preserved and 20% may be developed." In this case the 20% developable land was split three ways, two residential lots, which constituted the yield of residential development after the required 60% reduction, and a third area that is to remain part of the larger agricultural Lot 3. The residential development right of the original property are effectively used up by the two residential lots shown on the Sketch Plan, and the rest extinguished by the purchase of development rights. The purpose of the Reserved Area is to provide an area of the farm that allows for more uses than the area encumbered by the easement placed on the remainder of the farm as a result of the purchase of development rights. The Reserved Area shall not be subdivided away from the rest of the Farm (no further L subdivision of Lot 3, as shown on the final plat). Also, shouldn't the name of the plan also state "Sketch Plan"? _~, . D//. _t . ! ~ ~ Page 1 of 1 Sadoo, Tamara From: Sadoo, Tamara Sent: Thursday, October 28, 2010 8:34 AM To: 'wwblaw@aol.com' Subject: RE: Sawicki SEQRA The last one we did for Harbes in already on laser fiche. If there is not a copy in our files the Town Clerk should have it but we are checking for you. There is no form, just a letter to the Town Board. We'll let you know if we track it down. Peter Danowski also has submitted one for the Demcahks. That is definitely with the Town Clerk right now. From: wwblaw@aol.com [mailto:wwblaw@aol.com] Sent: Thursday, October 28, 2010 8:22 AM To: Sadoo, Tamara Subject: Re: Sawicki SEQRA I haven't done the petition yet but I guess I'd better get it in. Ill have to see if there's a form - do you have a copy of the last one that I could FOIL just to save time? If not, I'll figure it out. Gall Wickham ..... Original Message .... From: Sadoo, Tamara <tamara.sadoo@town.southold.ny.us> To: wwblaw@aol.com Sent: Thu, Oct 28, 2010 8:20 am Subject: RE: Sawicki SEQRA Yes. The Planning Board will do SEQRA on behalf of the Town Board, Sawicki is scheduled for Work Session for Monday November 1. We will be going over comments from reviewing agencies, I do not believe there are any significant changes that need to be made (not all have come in yet - just verbals, so no real changes based on verbals). Have you sent the petition in to the Town Board requesting they consider establishing the ODA? If you have any questions, just give a call. I am in all day today and I can review the procedure with you. Tamara From: w~__bJgw@_a~_l_.com [mailto:wwblaw@aol.com] Sent: Wednesday, October 27, 2010 4:10 PM To: Sadoo, Tamara Subject: SawickJ SEQRA Tamara - Are you doing a SEQRA review as part of this process? Gall Wickham 10/28/2010 Sadoo, Tamara Page I of 1 From: Sadoo, Tamara Sent: Thursday, October 28, 2010 8:41 AM To: ~vwblaw@aol.com' Subject: FW: Attachments: 1000-120.-3-11.11 .pdf Gail, Attached is an example of a petition. Tamara From: Kalin, Carol Sent: Thursday, October 28, 2010 8:4! AM To: Sadoo, Tamara Subject: 10/28/2010 Page 1 of I Sadoo, Tamara From: Sent: To: Subject: Sadoo, Tamara Wednesday, November 03, 2010 2:27 PM 'wwblaw@aoLcom' FW: Sawicki Attachments: Sawicki Follow up itr 11-3-10.doc From: Sadoo, Tamara Sent: Wednesday, November 03, 2010 2:26 PM To: Sadoo, Tamara Subject: RE: Sawicki Attached is the letter you will also be getting in the mail re: Sawicki and some additions to be made to the map. Tamara From: Sadoo, Tamara Sent: Wednesday, November 03, 2010 9:53 AM To: 'wwblaw@aol.com' Subject: RE: Sawicki Hi Gall - I am drafting a letter out to you today. We were closed yesterday. I will send you an electronic copy today as well as get the hard copy out in the mail. If we could have the revised maps (just additions to be made to the map, ne changes) back by next Wednesday to review them that would be great. Tamara From: wwblaw@aol.com [mailto:wwblaw@aol.com] Sent: Monday, November 01, 2010 6:38 PM To: Sadoo, Tamara Subject: Sawicki Tamara - I was detained and could not make the work session. Please advise as to anything you need for the maps before the public hearing. Gall Wickham 11/3/2010 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: From: Date: Martin Sidor, Chair Town of Southold Planning Board Mark Terry, Principal Planner~b~___ LWRP Coordinator November 1, 2010 Re: Conservation Subdivision Open Development Area for Sawicki, Edward SCTM# 1000-1000-125-3-4.1 This review applies to the establishment of the open development area on the parcel. A separate review will be performed if and when the action is implemented pursuant to § 240-30. Creation of lots. 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 AC Zoning District. Proposed Lot 1 will total 21,288 sq. ft (.4887 acres). Proposed Lot 2 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). 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 tATrlTUCK FIRE DISTRICP PO BOX 666, PiKE STREET MATTITUCK, NEW YORK 11952-0666 David F. Haas, Chairman Norman A. Rellly, Jr., Vice Chairmen Lloyd H. Relcenberg William G. Young John C. Hanlson, Secretary Bari)am Dlckerson, Treasurer October 27, 2010 Southold Town Planning Board Ms. Tamara Sadoo, Planner P O Box 1179 Southold, NY 11971 Re: Proposed Conservation Subdivision of EdWard Sawicki SCTM#: 1000-125-3-4.1 OCT 2 9 2010 Dear Ms. Sadoo; The Board of Fire Commissioners of the Mattituck Fire District reviewed the above mentioned conservation subdivision at their regular meeting on October 26, 2010; and make the following recommendation: The Board of Fire Commissioners is requesting that the drives and roadways accessing this property be cleared and maintained to meet Southold Town Code (280-109c). If you require any additional information please do not hesitate to contact me. Sincerely, John C. Harrison Secretary/Fire District Manager CC: Board of Fire Commissioners Chief Office (631) 298-8837 Facsimile (631) 298-8841 SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax (631)- 765- 9015 JAMES A. RICHTER, R.A. ~ ENGINEER TOWN OF SOUTHOLD, NEW YORK 1197~ Tel. (631) - 765 - 1560 JAMIE.RICHTER~TOWN SOUTHOLD.NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Martin H. Sidor Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Dear Mr. Sidor: October 26, 2010 Re: Edward Sawicki Conservation Subdivision 2700 State Route 25, Laurel SCTM #: 1000 - 125 - 03 - 4.1 As per a request from your office, I have reviewed the Site Plan, (dated 9/24~09 and a revision date of 5/21/10)for a proposed 80/60 conservation subdivision. This site plan has been prepared by the office of Peconic Surveyors and John T. Metzger. 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. The Reserved area shown on the plan is separated from the Preserved area by a solid line. This line should be changed or modified to indicate that both areas belong to the same, single lot. 3. A State DOT Curb Cut Permit must be obtained for all major changes to existing site access points where new construction is required within the State R.O.W. All new and/or future work or the construction of additional access driveways to and from State Route 25 will also require the approval and/or review by New York State DOT. 4. 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 prior to submission of the NOI to the DEC. 5. The site plan also indicates the location of a Dirt Farm Road which appears to be located on L.I.R.R. Property along the South/East Property line. Is there an existing easement for the encroachment? Future Deer Fencing or enclosures of the property should not encroach beyond the property line without one. If you have any questions regarding this review, please contact my office. Page 1 of 1 Sadoo, Tamara From: Sadoo, Tamara Sent: Thursday, October 28, 2010 8:20 AM To: 'wwblaw@aol.com' Subject: RE: Sawicki SEQRA Yes. The Planning Board will do SEQRA on behalf of the Town Board. Sawicki is scheduled for Work Session for Monday November 1. We will be going over comments from reviewing agencies. I do not believe there are any significant changes that need to be made (not all have come in yet - just verbals, so no real changes based on verbals). Have you sent the petition in to the Town Board requesting they consider establishing the ODA? If you have any questions, just give a call. I am in all day today and I can review the procedure with you. Tamara From: wwblaw@aol.com [mailto:wwblaw@aol.com] Sent: Wednesday, October 27, 2010 4:10 PM To: Sadoo, Tamara Subject: Sawicki SEQRA Tamara - Are you doing a SEQRA review as part of this process? Gail Wickham 10/28/2010 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 day of November, 2010. ~//~,~.c.,.-,._ ~ \ Principal Clerk Sworn to before me this day of 2010. Cif~ISTINA VOLINSKi N:D~'A~:-~ pUbliC.STATE OF NEW YORK He; I] ~ -V06 ] 05050 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, 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!!! 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:CaroI.Kalin@town.southold.ny.us] Sent: Wednesday, October 27, 2010 11:31 AM To: Legals Subject: The attachment for 11.4 edition!!! 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.southotd.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 tSth 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 1000-65-6-35 & 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/t5110 Regular Meeting: 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 O©~J~.,l~, 2010. Notary Public MELANIE DOROSKI NOTARY PUBLIC, State of New York No. 01D04634870 Qualified in Suffolk County Commission Expires September 30, '~ PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair 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 Abigail A. Wickham, Esq. P.O. Box 1424 Mattituck, NY 11952 Re: Set Healing for Sketch Plan/Open Development Area: Proposed Conservation Subdivision of Edward Sawicki Located at 2700 NYS Route 25, Laurel SCTM#1000-125-3-4.1 Zoning District: A-C Dear Ms. Wickham: 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 15, 20t0 at 6:00 p.m. for a Final Public Hearing at the Southold Town Hall regarding the map entitled "Cluster Conservation Subdivision of Sawicki Farm at Laurel", prepared by John T. Metzger, L.S., dated January 22, 2010 and last revised on September 17, 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 Posflnfl alon~l with the certified mai#nfl receipts AND the siRned green return receipt cards before 12:00 noon on Friday~ November 12th. The sil:ln and the post need to be returned to the Planning Board Office after the public hearinp.. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Martin H. Sidor Chairman Encls. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a conservation subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-125-3-4.1; 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 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 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 A-C Zoning District. The property is located at 2700 NYS Route 25, Laurel; That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2na 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 6:00 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: Edward Sawicki, individually and as Executor of the Estate of Stanley Sawicki 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(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which ars 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, 11112/10 Re: Proposed Conservation Subdivision of Edward Sawicki SCTM#s: 1000-125-3-4.1 Date of Hearing: Monday, November t5, 2010, 6:00 p.m. Town of Southold PC/Codebookfor Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-2003] Whenever the Code calls for a public hearing this section shall apply. Upon 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 public or private street fi'om the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. EDWARD SAWICKI e~AWICKI CONSERVATION SUBDIVISION 1000-125-3-4.1 Proposal for a 3-lot 80~60 conservation subdivision as the flint 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 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). MONDAY - NOV. 15, 2010 - 6:00 P.M. NOTICE ~ COUNTY OF SUFFOLK ~ J zJ~/ '" J~J'""~ ~UTHOLD SECT~N NO PROPERTY MAP 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 12, 2010 Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Theodore Klein Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed application to the Suffolk County Planning Commission: Map of: Edward Sawicki/Conservation Subdivision Hamlet/Locality: Laurel S.C.D.P.W. Topo No.: Zoning: AC S.C. Tax Map No.: 1000-125.-3-4.1 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 Criteda: SEQRA STATUS: 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.I.$. 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 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 AC Zoning District. Proposed Lot 1 will total 21,288 sq. ~(.4887 acres). Proposed Lot 2 will total 62,401 sq. ~(1.4325 acres) and P~posed Lot 3 wil 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 AC Zoning District. We request acknowledgement of receipt of this referral ( X ) Yes ( )No Referral received and assigned File No. Sincerely, Tamara S. Sadoo Planner 20{~t~ by the Suffolk County Planning Commission 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 Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: James Richter, Engineering Inspector From: Tamara Sadoo Date: October 12, 2010 Re.' Edward Sawicki Application Name: Tax Map Number: Location: Edward Sawicki 1000-012~3-4.1 2700 NYS Route 25, Laurel Type of Application: Sketch Subdivision Map (Dated: September 7, 2010) Preliminary Subdivision Map (Dated: ) Final Subdivision Map (Dated: ) Road Profiles (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 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 AC Zoning District. Proposed Lot 1 will total 21,288 sq. fb(.4887 acres). Proposed Lot 2 will total 62,401 sq. ft,(1.4325 acres) and P~posed Lot 3 wil 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 AC Zoning District. 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 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 12, 2010 Mr. John C. Harrison, Secretary PO Box 666 Mattituck, NY 11952 Re: Request for review on: Edward Sawicki Conservation Subdivision SCTM#: 1000-125 .-3-4.1 Located at 2700 NYS Route 25, Laurel Dear Mr. Harrison: 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 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 AC Zoning District. Proposed Lot 1 will total 21,288 sq. f~ (.4887 acres). Proposed Lot 2 will total 62,401 sq. f (1.4325 acres) and Prposed Lot 3 wil have a Reserved area which will total 27,635 sq. f (.6344 acres) and a Preserved Area with the Development Rights sold which will total 456,977 sq. ft. (10.4908 acres) in the AC Zoning District. 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. SIDER 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 Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To~ From: Date: Re: Mark Terry, LWRP Coordinator Tamara Sadoo October 12, 2010 Proposed Conservation Subdivision for Edward Sawicki SCTM: 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 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 AC Zoning District. Proposed Lot 1 will total 21,288 sq. iL(.4887 acres). Proposed Lot 2 will total 62,401 sq. f0(1.4325 acres) and P~posed Lot 3 veil have a Reserved area which will total 27,635 sq. fl,(.6344 acres) and a Preserved Area with the Development Rights sold which will total 456,977 sq. fl. (10.4908 acres) in the AC Zoning District. Thank you for your cooperation. Tamara Sadoo Planner WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, October 4, 2010 4:00 p.m. Applications: Location: on the s/s/o Old Main Road, approximately 1,953' w/o Dolphin Drive, known as 750 Old Main Road in Southold and an alteration to 3,923 sq. ft. of existing building space on a 1.4438 . .a.~r_e_~_a.r.~!..!.n. _.t._h_e_.~!_~_~..o.,~e., Status: Air, roved Site _P_l_a__n_ "~,~:ii~'~i ........................... i';~i~ii'~'~"~sts to re-issue Site Plan Approval. This approval expired on 3/14/08. Project name: Sawlckl, Edward - Conservation SCTM#: i 1000-125-3-4.1 Subdivision/ODA .............................. ] [ L.~ ~a.i!~ .n..i~.ii~i.i.~ i...i i.. i.i.i.i.i.i..i ii'_ ~ ~'_~ .o....~..Y__~ii'i~ ~ii~'ii~i~iii'i~ ~'~'i(i:::ii.iii.iiiiiiiii'i'i'i ........................................................................................ 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 AC Zoning District. Proposed Lot 1 will total 21,288 sq. ft. (.4887 acres). i Proposed Lot 2 will total 62,401 sq. ft. (1.4325 acres) and Proposed Lot 3 i will have a reserved area which will total 27,635 sq. ft (.6344 acres) and I a preserved area with the Development Rights sold which will total [ ...4.._5...6..~ ~.TL~.~.:._~.,..( !. ~...~ ~.~_8_.a_.c_r__e..s_)_.. : .Ac~[o..n:.. i. R ~.v._e..~....s_.~.~t_.c_.h.....A.P P !~a .t.!.~.n/.~ ~t f?.r_.f..o..r..m_ ..a.!_.[_e¥!e...w.: .............................................................. ' .~ ..c_h.....m..._~__n_ts.: ................ i. ~.~..ff_..B_e.p.O..~ ....................................................................................................................................................... [ ~ q ca. tj.~ ~..: ........................................... 3. ~ 50_ ?..r!v..a_t e..R 0 a_.d__.#_l_ ~ .__..M_a_.~!t_u.._c.k .............................................................................. Description: This proposal is to subdivide a 5.58 acre parcel into two lots, where Lot 1 =i would total 1.836 acres (80,003 sq. ft.) and Lot 2 would total 3.743 acres i_.(.!...6..._3..,..0.....4_.4_ .~l...~:. ).!.n_ th.~. B:~_o__~9_.n_!...n.g...D...!.~.d.C.~.: Status: j Sketch Review Action: L.__R__..e_v_.!~_.w._...9...o..._m._m_e__n_.ts_.f_~.~/_~_f..e_ ~..r.!.~_~__a_g_e._.n.__c..!_e..~: ........................................................................................... Attachments: j Staff ReP0.rt Submission IFithout a Cover Letter Comments: Page 1 of I Sadoo, Tamara From: Sadoo, Tamara Sent: Tuesday, September 21, 2010 3:50 PM To: 'wwblaw@aol.com' Subject: RE: Sawicki Laurel Gail - Yes, the dashed line needs to be between the Reserved area and the Preserved area. A solid line between Lot 1 and the Reserved area. Lot 3 totals the Preserved area + the Reserved area. Developable area = Lot 1 + Lot 2 + Reserved portion of Lot 3. Tamara From: wwblaw@aol.com [mailto:wwblaw@aol.com] Sent: Tuesday, September 21, 2010 9:33 AM To.' Sadoo, Tamara; peconicsurvey@optonline.net Subject: Sawicki Laurel Tamara - Your August 31 letter, as to item 1 ), reads as though the reserved area is part of Lot 1. I thought the dashed line was supposed to be between the Reserved Area and the Preserved Area, as the Reserved Area is also part of Lot 3. Therefore, there should not be a dashed line between the Reserved Area and Lot 1, just between the Reserved Area and the Preserved Area, correct? Hence, Lot 3 equals the Reserved Area plus the Farm/Preserved Area. Developable Area equals Lot 1, Lot2 and the Reserved area portion of Lot 3. Please clarify so we can get you a map in time for the next meeting. Gail Wickham 9/21/2010 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOW/qSEND 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 August 31, 2010 Ms. Gail Wickham Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road, PO Box 1424 Mattituck, NY 11952 Re: Proposed Two Lot Conservation Subdivision for Edward Sawicki 2700 Route 25, Laurel, NY 11948 SCTM#1000-125-3-4.1 Dear Ms. Wickham, The Southold Town Planning Board has reviewed the above referenced application. Based upon this review, the following changes and clarifications are requested: 1) Clearly mark and delineate the proposed "Reserved Area" with a dashed line on the map defining it from proposed Lot 1 and the larger preserved area. 2) Ensure that ht entire developable area totals 2.5556 acres. 3) Please label the Preserved Area as "Lot 3". 4) Please include a table which explicitly lists the following: a. Total area b. Preserved area c. Reserved area d. Developable area e. Total subdivision open space 5) Remove the 75/75 Conservation calculations from the map 6) Entitle the map "Clustered Conservation Subdivision for Edward Sawicki" If you have any questions, please do not hesitate to contact this office. Tamara Sadoo Planner ERICJ. BRESSLER ABIGAIL A. WICKIIAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON 8,: GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTIrUCK. LONG ISLAND NEW YORK 11952 Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold, New York 11971 631-298-8353 IEI,EFAX NO. 631-298-8565 wwblaw~aol.com July 28, 2010 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE I 11 MELVILLE, NEW YORK 11747 .......... 63~:24~-9480 T~LI~i/]A;~4x, IOI~ L/!= 631-249-9484 Re: Proposed Two Lot Conservation Subdivision for Edward Sawicki 2700 Route 25, Laurel, New York 11948 SCTM#: 1000-125-3-4.1 Ladies and Gentlemen: Our client is under contract with the Town of Southold to sell development rights to a nine acre parcel of farmland on Route 25 in Laurel. The property is roughly opposite Laurel School. Our client would like to apply for an Open Development Area approval from the Town. Accordingly, we enclose an application for sketch plan approval for the above matter as follow: 1. Sketch Plan Application Form; 2. Authorization Letter; 3. Transactional Disclosure Forms (2); 4. Copy of Property Deed; 5. Part I of the Environmental Assessment Form; 6. LWRP Consistency Assessment Form; 7. Five (5) copies of the sketch plan, which we would ask that you also utilize as the yield plan; and 8. Check for application fee in the amount of $500. Please advise as to the date this matter will be discussed before the Board. Very ~uly yours, /Abigail A. Wickham A,4 W, dm encl. 30'shdpbsketchsawicki Town of $outhold Planning Department Staff Report Subdivisions Prepared by: T. Sadoo, 10-27-10 I. Application Information Proiect Title: Proposed Open Development Area for Edward Sawicki Mao Preoared By: John Metz~er. Land Surveyors Date of Mao: Seotember 24. 2009. last revised May 21. 20~0 Date of Submission: August 2. 2010 AoDlicant: Edward Sawicki Tax MaD Number: 1000-125-3-4.1 Project Location: See attached tax map and aerial photo~raoh Hamlet: Laurel Zoning District; AC II. Description of Project Tvoe of Aoolication: Ooen Development Area Twe of Subdivision: Conservation Subdivision Acreage of Proiect Site: 13.0464 Yield MaD or Calculation: Calculation Number of Lots Pronosed: 3 Lots Acres of Ooen Space/Reserved Aree; 10.4907 Pementage of Ooen Soace/Reserved Area ~see attached calculation): 80% Tvoe of Access Provided: 2 driveways/one right of way (dirt farm road) to preserved area Len~h of Access: various III. Site Analysis SEOR TyPe of Action: Unlisted Present Land Use: A~ricultural//one existing residence Existing Structures: none Existin_~ Permits. Aoorovals. CO's. Was Property Previously Subdivided: No but Town is in contract to ourchase develooment rights. If Yes. Date of Anoroval: Existing Easements or Restrictiorl~: None Soil Tvoe: sandy Located within Coastal Erosion Hazard Zone: No Located within Flood Hazard Zone: No Predominant Vegetation: Farm field/wooded Si_~nificant Trees on Site: Pementa_~e of Slopes: 0-10%: 90%. 10-15%:10% Name of Abuttin_~ Water Body: N/A Critical Environmental Area: N/A TYpe of Wetlands on or Adlacent to Site: N/A- irrigation pond on site Are There Trails on Site: No Name of Trail: N/A Deoth to Water Table: 22' Distance to Public Water: Source of Water Suoolv: Public water and two residential wells Number of Access Points: Three Historical or ArchaeoloEical Si~[nificanca: N/A 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, Laurel Fire Department and Town of Southold Engineering Inspector. 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 conservation subdivision on 13.0464 acres. The total buildable area for this project is 12.7777 acres which reflects deductions of area for the 25' ROW and irrigation pond. 10.4907 acres (80% of 12.7777 acres) will be preserved via a sale of development rights to the Town of Southold. 2.5556 acres remain to be developed and will be set aside to possibly be developed in the future, where proposed Lot 2 will be 62,401 sq. ft, proposed Lot 1 will be 21,288 sq. ft. with a reserved area of 27,635 sq. ft. Total yield for this parcel is 6.52 lots x 40% = 2.6 lots The applicant is proposing two clustered lots with a reserved area Referring Agency Comments: o Mattituck Fire District: Adequate Fire Protection o Southold Town Engineering Inspector: o SCPC: Local Jurisdiction o LWRP: Vh Staff Recommendations The following map changes have been requested of the applicant on August 31, 2010: o The title of the map shall be changed to read "Clustered 80/60 Conservation Subdivision for Edward Sawicki- Sketch Plan" Clearly mark and delineate the proposed "Reserved Area" with a dashed line on the map. Label the Preserved Area as "Lot 3" Please label the Preserved Area as "Lot 3". Please include a table which explicitly lists the following: o Total area o Preserved area o Reserved area o Developable area o Total subdivision open space Remove the 75/75 Conservation calculations from the map Please include on the map the total amount of Subdivision Open Space and list it as such. Please ensure that the numbers for the total Lot Yield calculation is correct. Please make a notation upon the map stating the following regarding the "Reserved Area": "Prior to approval of the Final Plat, the Planning Board shall require either a covenant or an easement to be placed on the Reserved Area shown on the approved Sketch Plan. The easementJcovenant must prevent residential development of that Reserved area in perpetuity. It must also prevent the Reserved Area from being separated from the rest of farm Lot 3. The reason for this restriction is that the Reserved Area has no residential development rights associated with it. This Reserved Area is a portion of the "20% development area" that results from an "80~60 conservation subdivision" where 80% of the land is preserved and 20% may be developed." In this case, the 20% developable land was split three ways, two residential lots, which constituted the yield of residential development after the required 60% reduction, and a third area that is to remain part of the larger agricultural Lot 3. The residential development right of the original property are effectively used up by the two residential lots shown on the Sketch Plan, and the rest extinguished by the purchase of development rights. The purpose of the Reserved Area is to provide an area of the farm that allows for more uses than the area encumbered by the easement placed on the remainder of the farm as a result of the purchase of development rights. The Reserved Area shall nit be subdivided away from the rest of the Farm (no further subdivision of Lot 3, as shown on the final plat)." Proposed Timeline: October 4, 2010: initial Review of Conservation Subdivision proposed plan October 18, 2010: Set Public Hearing for November 15 2010 Planning Board Public Hearing. Grant Sketch Approval. · (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 Hea~ngs, of this Code shall be held for sketch plat approval of an open development area subdivision.) · October 5, 2010: Send out referrals for the proposed conservation subdivision 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 Engineering Inspector: Jamie Richter o SCPC - on behalf of Town Board · November 4, 2010: Present application overview to Town Board · November 15 2010: Planning Board Hold Public Hearing, Close Public Hearing · November 15, 2010: Grant Sketch Approval for Conservation Subdivision · November 2010: Town Board set public hearing for XXX. · TB- hold Public Hearing -approve ODA. 4 OTown of Southold Planning Department Staff Report Subdivisions I. Application Information Proiect Title: Proposed Ooen DeveloPment A.rea for Edward Sawicki Mao Prepared B~, John Metzger, Land Surveyors Date of Mao: Seotember 24, 2009, last revised May 21. 2010 Date of Submission: Au~[ust 2, 2010 Aoolicant: Edward Sawicki Tax Mao Number. 1000-125-3-4.~ Pmiect Location: See attached tax mad and aerial ohoto~[raDh Hamlet: Laurel Zoning District: AC II. Description of Project TvDe of Aoolication: Ooen Develooment Are,~ TyPe of Subdivision: Conservation Subdivision Acreage of Prelect Site: 13,0464 Yield Mao or Calculation: Calcvlation Number of Lots Pmoosed: 3 Lots Acres of Open Soace/Reserved Area: 10,4907 Pementage of Ooen Soace/Reserved Area (see attached calculatk)n): 80% TyPe of Access Provided: 2 driveways/one right of way (dirt farm ro{~d) tO preserved area LenL:rth of Access: various III. Site Analysis SEOR TvDe of Action: Unlisted Present Land Use: A~ricultural//one existin~ residence Existing Structures: none Existing Permits. ADDrOVals. CO's. etc: Was Prooertv Previously Subdivided: No~ but Town is in contract to purchase If Yes. Date of Aooroval: Existing Easements or Restrictions: None Soil T~.~o_d~ loam Located within Coastal Erosion Hazard Zone: No Located within Flood Hazard Zone: No Predominant Vegetation: Farm field/wooded Sienificant Trees on Site: Percentage of Slooes: C~10%: 90%. 10-15%:10% Name of Abuttin[[ Water Bod~. N/A Critical Environmental Area: N/A Tvee of Wetlands on or Adiacent to Site: N/A- irr!~[ation Dond on site Are There Trails on Site: No Name of Trail: N/A Deoth to Water Table: 22' Distance to Public Water: Source of Water Sueelv: Public water and two residential wells Number of Access Points: Three Historical or Amhaeological Significance: N/A 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, Laurel Fire Department and Town of Southold Engineering Inspector. 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 conservation subdivision on 13.0464 acres, where 10.4907 acres will be preserved via a sale of development rights to the Town of Southold and where 2.55 acres will be set aside to possibly be developed in the future, where proposed Lot 2 will be 62,401 sq. ft, proposed Lot I will be 21,288 sq. ff. with a reserved area of 27,635 sq. ff. 80/60 Conservation Subdivision: 1 ) Total acreage: 13.0464 acres 2) Total unbuildable area: 25' ROW = .2287 acres, Pond: .0400 acres 3) .2287 + .0400 = .2687 4) 13.0464 - .2687 = 12.7777 buildable acres. 5) 80% x 12.7777= 10.2221 acres to be preserved 6) 12.7777-10.2221 = 2.5556 buildable acres 7) AC Zoning Distdct 8) 12.7777 acres x 43,560 sq. ft. = 556,596.6 sq. ft. 2 VI: Staff Recommendations · Accept for review · Clearly indicate Zoning Distdct on subdivision map A) Open Development Area Overview: § 240-26 Establishment. A. An .applican.t.w.h.o has received sk.etch plat approval for a conservation subd,v,s,on pursuant to th,s 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 t.o 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 Hght-of-way or easement. D. The area where the proposed lots will be located shall be in accordance with that shown on the approved sketch plat. § 240-28 Submission requirements. The applicant shall submit the following items to the Town Clerk's Office: A. A completed petition to establish an open development area; B. Three Mylar and 12 paper copies of a map prepared to a scale of one inch equals 100 feet; and including all information required in Article V, Sketch Plat Review, and the size and notation requirements set forth in Article VII, Final Plat Review, of this chapter. C. An executed easement (permanently preserving a minimum of 75% of the property from residential or commemial 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. § 240-29 Procedure. A. Upon receipt of the Items required under § 240-28, the Town Clerk shall refer the petition to the Planning Board for its review and specific recommendations within 14 days of receipt of referral. B. The Town Board shall provide notice pursuant to Chapter 55, Notice of Public Hearings, of the Town Code and shall hold a public hearing. C. The Town Board shall comply with the requirements of SEQRA. D. Follo. w..ing receipt of the Planning Board's re.c. ommendation and the pubhc heanng, the Town Board may estabhsh 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. 4 B. Upon receipt of an application, the Planning Board office shall refer the road and drainage plans to the Town Engineering Office for an estimate of the required improvements. C. Upon receipt of the performance bond estimate, the Planning Board shall accept or modify said estimate. D. The Planning Board shall comply with applicable provisions of the State Environmental Quality Review Act (SEQRA). E. The Planning Board shall hold a public healing on the petition. Notice shall be provided pursuant to Chapter 55, Notice of Public Healings, 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 Timeline: · October 4, 2010: initial Review of Conservation Subdivision proposed plan October 18, 2010: Set Public Headng for Novemebr 2010 Planning Board · Public Headng. Grant Sketch Approval. · (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.) · (Will need public notice for Rlverhead because property is adjacent to Town of Riverhead). · October 5, 2010: Send out referrals.for the proposed conservation subdivision 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 Engineering Inspector. Jamie Richter o $CPC - on behalf of Town Board · November 2010: Hold Public Hearing, Close Public Hearing · November 2010: Grant Sketch Approval for Conservation Subdivision · November 2010: Town Board set public hearing for XXX. · TB- hold Public Headng -approve ODA. Goal is to complete by the end of 2010. SOUTHOLD PLANNING DEPARTMENT Subdivision Application Form - Sketch Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for SKETCH APPROVAL for the subdivision described herein. 1. Name of Subdivision Survey of Property at Laurel 2. Suffolk County Tax Map # 1000-125-3-4.1 3. Type of Subdivision Standard [ ] Conservation [x] 4. Hamlet Laurel 5. Street Address/ 2700 Route 25 Project Location 6. Acreage o£ Site Total: 13.0464 7. Proposed Yield ,.~ 8. Number of Lots Proposed 2 Lots -e 9. Zoning District A-C 10. Date of Submission 5/7/10 11. Please provide the names, addresses and phone numbers for the following people: Applicant: Edward Sawicki, individually and as Executor of the Estate c/o Wickham, Bressler of Stanley Sawicki, deceased P.O. Box 1424, 13015 Main Road Mattituck, NY 11952 298-8353 $'ketch Plan Application Form Agent: Property Owner(s): Surveyor: Engineer: Abigail A. Wickham, Esq. Wickham, Bressler~ Gordon & Geasa, P.C. P.O. Box 1424~ 13015 Main Road Mattituck~ NY 11952 298-8353 Edward Sawicki, individually and as Executor of the Estate P.O. Box 411 of Stanley Sawicki, deceased Mattituck, NY 11952 298-6333 Peconic Surveyors, P.C. P.O. Bxo 909 Southold. NY 11971 765-5020 Attorney: Abigail A. Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. P.O. Box 1424, 13015 Main Road Mattituck, NY 11952 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. Iq'o, 13. Has a pre-submission conference been held with the Planning Board? If so, provide date.. ~"-~,~oes the parcel(s) meet the Lot Re.c,,ogni,9on standard in Town Code §280-9 Lot 'hl~'ognition? Yes ~ . No . If yes, explain how. 15. Has the owner/applicant met with Land Preservation? If so, provide date. x/~_ molt-, e_. J--lines 16. Is any part of the property in agricultural use? If so, how many acres? 11 acres 17. Is there an existing or proposed sale of development rights on the property? yes 18. Does the owner own any adjacent properties? If so, please indicate the properties by SCTM#. No. 19. Are there any building permits currently pending on this property? lfyes, please provide permit number(s). No. 20. The site will be serviced by the following special districts or utility companies: Fire District Mattituck Post ()ffice Laurel School District Mattttuck-Laurel Water SCWA 21. Has LIPA or Keyspan been notified of the proposed subdivision7 If so, please provide proof that service will be provided, service exists. 22. Please indicate the type of open space proposed and how it will be managed? farmland 23. Are there any existing structures on the property? if so, please indicate the type of structure and its use(s). Will these structures remain, be removed or altered? 2 frame dwellings, 1 detached frame garage and 4 out-buildings 24. Based on the parcel yield and the affordable housing requirement of the Town Code, how many Moderate Income Family Dwelling Units are proposed? Iftha number that will be built is less than 20% of the yield, please indicate how you intend on satist~ing the requirement (see Town Code {}240-10 B (2)(c) for options). 25. Application completed by [ ] owner Ix] agent Signature of Prepare [ ] other Date ~' AUTHORIZATION Re: Premises: 2700 Route 25, Laurel, New York 11948 SCTM#: 1000-125-3-4.1 EDWARD SAWICKI, individually and as Executor of the Estate of Stanley Sawicki, deceased, the owner of the above referenced property (the "Premises"), consents to: The firm of Wickham, Bressler, Gordon & Geasa, P.C., attomeys; and Peconic Surveyors, P.C., and their engineers, agents, or other contractors retained by any of the above and any of their representatives and/or agents: a) to make application to the Town of Southold Planning Board for approval of a two lot conservation subdivision, b) to make application to the Suffolk County Department of Health Services for a realty subdivision and any other matters related to the property; c) to obtain from Suffblk County Water Authority information related to public water availability and contracts for provision of same; and d) to deal with and make applications to any other authorities or agencies having jurisdiction over said Premises and for any other matters required to obtain such approvals or obtain information from such agencies. This authorization shall include all matters in connection with those applications and matters. Dated: May 7, 2010 dward Sawmld~, lndiv~dually and as Executor re, consent20/Osubdtvsawtckt Applicant Transactional Disclosure Forra The Town of Southold's Code of Ethics prohibits conflicts ofintereat on the tort of town officers and employees. The purpose of this form is to provide information which can alert the town of pessible conflicts of interest and allow it to take whatever action is necessary to avoid same. Edward Sawicki last name, first name, middle initial unless you are applying in the name of someone else or other entity, such as a company. ~f so, indicate the other person's or company's name. Natnre of Application: (Check all that apply) Tax grievance Building Variance Trustee Special Exception Coastal Erosion Change of zone Mooting Subdivision Plat X Planning Site Plan Other (Please name other activity) __ Do you personally (or through yonr company, spouse, sibling, paranl or child) have a relationship with an3, officer or employee of the Town of Soothold? "Relationship includes by blood, marriage or business interest., "Business interest" means a business, including a parmership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. Yes No /~ If you answered "Yes" complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A thi'ough D and/or describe in the space provided. The town officer or employee or his or her 4~use, sibling, parent or ctfild is (cheek all that apply): __ A. the owner of greater than 5% of the shares of the corporate stock of the applicant (when thc applicant is a corporation); __ B. the legal or beneficial owner of any interest in a noncorporate enti~ (when the applicant is not a corporation); C. an officer, director, partner or employee of the applicant; or __ D. the actual applicant Description of Relationship: .~-/'~ ,.. Submitted this / day 9fMoy,2~ 2¢1.0 Signamre~ Print Name Edward S'awicki Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics vrohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same Your Nmne: Abigail A. Wickham, agent for Edward Sawicki * last name, first name, middle initial unless you are applying in the name of someone else or other entity, such as a compan)t If so, indicate the other person 's or company's name. Natnre of Application: (Check all that 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) __ X Do you personully (or through your company, spouse, sibling, parent or child) have a relationship with any officer or employee of the Town of Sonthold? "Relationship includes by blood, marriage or business interest. "Business interest" means a business, including a lxartnership, in which the town officer or employee has even a partial ownership of (or employmant by) a curpomtion in which the rowan officer or employee owns more than 5% of the shares. Yes No X If you answered "Yes" complete thc balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Tire or position of that pemon Describe the relationship between yourself (the applicant) and the tovm 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 ~ouse, sibling, parent or child is (check all that apply): A. the owner of greater than 5% of the shares of the ~orpomte stock of the applicant (when the applic,.'mt is a corporation); B. the legal or beneficial owner of any interest in a noncorpomte enti .fy (when the applicant is not a corporation); C. an officer, director, parmer or employee of the applicant; or D. the actual applicant Description of Relationship: Submitted thi$,,~ da'~ of~Jttl~0~2010 Signature ' ~ " Print Name~m' Agent Disclosure Form Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. * Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions, l fan action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 125- 3 4.1__ The Application has been submitted to (check appropriate response): Town Board Planning Dept. X~ Building Dept. Board of Trustees ZBA 1. 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: X Nature and extent of action: Open Development Area Conservation Subdivision application Location of action: 2700 Route 25, Laurel, NY Site acreage: 12.7777 a. Present land use: Two residences and farm, accessory buildings Present zoning classification: AC 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Edward Sawicki and Estate of Stanley Sawicki (b) Mailing address: c/o Wickham, Bressler, Gordon & Geasa, P.C. PO Box 1424, Mattituck, NY 11952 (c) Telephone number: Area Code (631) 298-8353 (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? NO 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 - please explain) Yes - Farmland preservation and no additional residential dwelling units Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section 111 - Policies Pages 3 through 6 for evaluation criteria Yes No (Not Applicable please explain) Not Applicable Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ill - Policies Pages 6 through 7 for evaluation criteria Yes No (Not Applicable please explain) Yes, one of the primary consequences of preservation of farmland is the continuation of scenic resources. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section I11 Policies Pages 8 through 16 for evaluation criteria Yes No (Not Applicable- please explain) Yes Development Rights easement requires development of NCRS Plan for soil and water conservation to avoid or reduce run off and other adverse consequences from flooding or excessive rainfall. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section 111 Policies Pages 16 through 21 for evaluation criteria Yes No (Not Applicable - please explain) Yes conservation subdivision will reduce otherwise allowable density of residential units 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 111 Policies; Pages 22 through 32 for evaluation criteria. Yes No (Not Applicable please explain) NOT APPLICABLE Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section 111 Policies Pages; 34 through 38 for evaluation criteria. Yes No (Not Applicable please explain) Not Applicable Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section I11 - Policies; Pages 34 through 38 for evaluation criteria. Yes No (Not Applicable - please explain) Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section Iii Policies; Pages 38 through 46 for evaluation criteria. Yes No (Not Applicable - please explain) NOT APPLICABLE 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 111 Policies; Pages 47 through 56 for evaluation criteria. Yes No (Not Applicable please explain) NOT APPLICABLE Policy I 1. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section 111 Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable please explain NOT APPLICABLE Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section Ill Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable - please explain Yes this will preserve approximately 10 acres of active farmland. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section I11 Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable Not Applicable 3 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants 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 little 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. Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 1 ~ Pa~2 [] Part 3 Upon review of the information recorded on this EAF (Parts I 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. 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 FAF 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. Survey of Property at Laurel - Two Lot Conservation Subdivision for Edward Sawicki Location 01 Action {include ~treet Address, Municipality end County~ 2700 Route 25 Name of Appl~cant/sponsor ~ Bus,ness I elephone Abigail A. Wickham, Agent I )631) 298-8353 P.O. Box 1424 City/PO I ~tate Mattituck, NY Name et Owner(~t difterentJ Business Telephone Edward Sawicki, individually and as Executor of the 163~ 298-6333 11952 Address Estate of Stanley Sawicki, deceased P.O. Box 411 City/PO i 5tare i zlpcooe Mattituck, NY 11952 ~6$cr~ption or Action Proposed two lot conservation subdivision - 13.0464 acres. Development Rights to approximately 9 +/- acres of which will be sold to the Town of Southold. Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: [] Urban [] Industrial [3 Commercial ~,~['Residential(suburban) [] Rural(non-farm) [] Forest ~Agriculture [] Other 2. Total acreage of project area: /~, ~/ acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland )Non-agricultural) acres Forested (' ~o~/) Z, ~'~'~acres Agricultural )Includes orchards, cropland, pasture, etc.) ~'o ~'acres Wetland)Freshwater or tidal as per Articles 24,25 of ECL) acres Water Surface Area acres Unvegetated )Rock, earth or fill) acres Roads, buildings and other paved surfaces acres Other )Indicate type) ~E~_~ C~' .acres a~cres ~',~acres acres acres acres acres acres What is predominant soil type)s) on project site? So~c~_~,~ ~ a. Soil drainage: ,~ Well drained I ~)~ % of site [~ ModeratelyTMwell drained % of site [] Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? <~ acres (See 1 NYCRR 370). Are there bedrock outcroppings on project site? [] Yes ~;~ No a. What is depth to bedrock? (in feet) 5. Approximate percentage of proposed project site with slopes: ,~0~10% ~?C'g % ,,~ 10-15% ~ % [] 15% or greater % 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 [j~No 8. What is the depth of the water table? ~?-'~(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 ~No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered7 [] Yes ,~¢~o According to O~L~LP~4 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 space or recreation area? [] Yes l~No if yes, explain 14. Does the present site include scenic views known te be important to the community? J~ Yes [] No 15. Streams within or contiguous to project area: J~lo a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name J ~'~z"~Jf,Ov~ l~'=v~'~ F~S,~,. b. Size (in acres) 17. Is the site served by existing public utilities? ~Yes [] No a) If Yes, does sufficient capacity exist to allow connection? ~ Yes [] No b) If Yes, will improvements be necessary to allow connection? [] Yes J~No 18. Is the site located in an agricultural district certified pursuant t? Agriculture and Markets Law, Article 25-AA, Section 303 and 304? [] Yes 'j~No lB. Is the site located in or substantialJy contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 [] Yes J~ 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) a. Total contiguous acreage owned or controlled by project sponsor ~ acres. b. Project acreage to be developed: ~', ~- acres initially; 2, ,~ acres ultimately. c. Project acreage to remain undeveloped/O.~-acres, d. Length of project, in miles: -- (if appropriate). e, If the project is an expansion, indicate percent of expansion proposed -~----%. f. Number of off-street parking spaces existing /L///~ ; proposed /~/)f~cT. g. Maximum vehicular trips generated per hour /t~C(upon completion of project). h. If residential, Number and type of housing units: One Family Two Family Multiple Family Condominium Ultimately i. Dimensions(in feet) of largest proposed structure O~-'~/ height; i~/~W'v~idth; ~.~length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 2. How much natural material (i.e., rock, earth, etc.)will be removed from the site? (~2 tons/cubic yards. 3. Will disturbed areas be reclaimed? [] Yes [3 No ,,,~N/A a. If yes, for what intended purpose is the site beng reclaimed? b. Will topsoil be stockpiled for reclamation? [] Yes [] No 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? ~) acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? [3 Yes 6. If single phase project: Anticipated period of construction ,/~/?,/t~months, (including demolition). 7. If multi-phased: 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 blast ng occur during construction? [] Yes ~o 9. Number of jobs generated: during construction? ~ ; after project is complete? · '- . 10. Number of jobs eliminated by this project.~ 11. Will project require relocation of any projects or facilities? [3 Yes ~1~o If yes, explain 12. Is surface quid waste disposal involved~ ~es ,~No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? .~Yes __,No Type 14. Will surface area of an existing water body increase or decrease by proposal7 [3 Y~'~/) I~, No Explain 15. Is project, or any portion of project, located in a 100 year flood plain? [] Yes [~ No 16. Will the project generate solid waste? 'Yes ~l~No a. If yes, what is the amount per month? tons. b. If yes, will an existing solid waste facility be used? [] Yes [] No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? [] Yes [] No e. If Yes, explain 17. Will the project involve the disposal of solid waste? [] Yes ~1~ No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? .years. 18. Will project use herbicides or pesticides? ,J~Yes [] No 19. Will project routinely produce odors (more than one hour per day)? [] Yes 2~.'Will I~roject produce operating noise exceeding the local ambient noise levels? 21. Will project result in an increase in energy use? [] Yes ~['No If yes, indicate type(s) ~ 22. If water supply is from wells, indicate pumping capacity ~,~c f-~ gailons/m~nute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal f~nding? 25. Approvals Required: City, Town, Village Board [] Yes ,~No City, Town, Village Planning Board J~'Yes [] No City, Town Zoning Board [] Yes [~No City, County Health Department ~ Yes [] No Other Local Agencies [] Yes ~i~ No Other Regional Agencies [] Yes 5[ No State Agencies [] Yes ~ No Federal Agencies [] Yes ~![ No Type Submittal Date 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 D resource management plan j~' other 2. What is the zoning classification(s) of the site? 3, What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? /~-- ~c~ ~"/~ ~ 5, What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? .~es [] No 7. What are the predominant land use(s) and zoning classifications within a 1/4 mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? ,~Yes [] No 9. If the proposed action is the subdivision of land, how many Jots are proposed? a. What is the minimum lot size proposed? ~// ~)~ '~'~' -~- Ce 1/~'~'/~ 10. Will proposed action require any authorizationJs) 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 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 a. If yes, is the existing road network adequate to handle the additional traffic? ~es E~o D. Informational Details Attach any additional information as may be needed to clarify your project. If there are, or may be, any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the inform~xn prov'..L~ed/a~bov~ js~true to/the best of my knowledge. Applicant/SponsorName ~/~.c~-~/~u//-~¢~//,~ ' Date ,~-- ~ ~/~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 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 Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Accounting From: Planning Department Date: 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 ~t 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/]_0 LR OPTIONAL ADDITIONAL INFORMATION A date Indioate~ that v~ have moelved the releted inf~'m~ion Zone 2: Zone 3: C and R's: Homeowners Association: R and M A~treement: Address: 2700 NYS Route 25, Laurel County Filinfl Date: SCAN Date: SCANNED r~ 13 ?010 Records Management "Prior to approval of the Final Plat, the Planning Board shall require either a covenant or an easement to be placed on the Reserved Area shown on the approved Sketch Plan. The easement/covenant must prevent residential development of that Agricultural Reserved area in perpetuity. It must also prevent the Agricultural Reserved Area from being separated from the rest of farm Lot 3. TOTAL ACREAGE=IJ0464 ACRES LESS 25' ~0.~=~2287 ACRES LESS POND=~O#O0 12.7777 ACRES 8o/6o 12.7777 x 80%=10.2221 ocreB Preserve 12. 7777 - 10.2221:2.5556 acres Oevetopqble 6.957 lot .yield x 40%=2,755 Lots 2 Lots on 2:-555¢3-ocres x 43,560=1.14,.J~7~ sq. ft. 2 lots under zom~g ord. required=160, O00 sct. ff. .4,~'6")~sq. ft. TOTAL 556,278 sq.?t. 2 Lots 160,000 sq. ft. 396,278/4J, 560--9.0973 ACRES from cluster CLUSTERED 80/60 CONSERVATION SUBDIVISION OF SA WICKI FARM A T LAUREL - SKETCH PLAN TOFN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-125--03--4.1 SCALE: 1%50' SEPTEMBER 24, 2009 JANUARY 22, 2010 APRIL 6, 2010 [REVISION.) MAY 21~ 2010 (revision) Sept. 171 2010 (AREAS) Nov. 7, 2010 (revldons) NOV 1 0 ZOlO The reason for this restriction is that the Agricultural Reserved Area has no residential development rights associated with it. This Reserved Area is a ' portion of the "20% development ares" that results from an "80/60 conservation subdivision" where 80% of the land is preserved and 20% may be developed.' In this case, the 20% developable land was split three ways, two residential lots, which constituted the yield of residential development after the required 60% reduction, and a third area that is to remain part of the larger agriculturel Lot 3. The residential development right of the original property are effectively used up by the two residential lots shown on the Sketch Plan, and the rest extinguished by the purchase of development rights. The purpose of the Agricultural Reserved Area is to provide an area of the farm that allows for more uses than the area e/~cumbered by the easement placed on the remainder of the farm as a result of the purchase of development rights. The Agricultural Reserved Area shall not be subdivided away from the rest of the Farm (no further subdivision of Lot 3, as shown o~n the final plat)." LOT AREAS LoT £' 27,635 sq. ft. 456,977 sq, lf. 484.612 sq.R, C~8344 acre I0.4908 acres /I./~SE ~cres ' Cluslered Subivision Opa~ Area = 408~299 TOTAL' TOTAL DEVELOPABLE AREA' LOT I' 0.488~' acre LOT 2' ., 1.4~25 acres LOT,$ Reserved Area 0.6544 acre TOTAL 2.556 acres (S.B. ZS) A GRIICUL TURAL RESERVED AREA AREA= 2 T~635 SO. FT. LOT 3 S54~7'10"W 9OAD LOT I AREA = 21,288 SO.FT S54~7'10"W 12o.oo' '~ N54'17'10"£ t~o.0o' ZSh35' N54'I7'10"E S54~7'10"W 24h17' 492.52' FARM PRESERVED AREA AREA= 10. 490L~ ACRES LOT 3 [ /nclades 48,878 sq.(l. Clustered S~bdivl~t~ Ope~ Space : CERTIFIED TO: URANCE COMPANY EXECUTOR OF THE ESTATE OF STANLEY SAWICKI AREA-13.0464 ACRES · =MONUMENT ~ =EDGE OF WOODS ANY ALTERA770N OR ADDI~70N TO THIS SURVEY IS A VIOLA~ON OF SEC170N 72090F THE NEW YORK STATE EDUCANON EXCEPT AS PER SECNON ?20Q-SUBDIVISION 2, ALL CERNfiCA~7ONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR k~HOSE SIGNATURE APPEARS HEREON. P. O, BOX 909 12~0 TRAVELER STREET SOUTHOLD, N.Y. 11971 , 49618 765-1797 09-167 TOTAL ACREAGE=tJ. 0464 ACRES LESS 25' R. 0.~=0.2287 ACRES L ESS POND= O, 0400 12. 7777 ACRES 75/25 12. 7777 x 75~=9.583J acres 12. 7777 x 25~=~. 1944 acres 12.7777 x 4~,560=556,597 / 80,000=6.957 Lots Yield-6,957 Lofs x 25~=1.74 Lots 80/60 12.7777 x 80~=10.2221 acres Preserve 12.7777 - 10.2221=2.5556 acres Developable 6.957 lot y/eld x 40~=2,78.-~ Lots 2 Lofs on 2.5556 acres x 4J, 560=111,322 sq. ft. 2 lots under zoning ord. requ/red=160, O00 sq. fl. 48,678 sq. ft. from cluster TOTAL 556,278 sq. ff. 2 Lots 160~000 sq. ft. 398,278/4.~,560=9.0973 ACRES SURVEY OF PROPERTY A T LA UREL TORrN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-I25-03-4.1 SCALE: I'--50' SEPTEMBER 24, 2009 JANUARY 22, 2010 APRIL 6, 2010 (RE~'1SION) MAY 2I~ 2010 trevision) · '", AUG - 1 2010 S54'17'10"W RESERVED AREA AREAm 2 7,63 5 SQ. FT. LOT I AREA = 21~288 SQ.FT S54,17'I0'W 120.00' N54~17'10"£ 120.00' N54~ 7'10"E 4REA= 62, S54'17'I0"W 241.17' PRESERVED AREA AREA=lO. 4907 ACRES 492.52' EDWARDExECUToRSAWICKIoF THE ESTATE OF STANLEY SAW/CK/ AREA-13.04§4 ACF1E8 · =MONUMENT ~ =EDGE OF WOODS ANY ALT~RAlTON OR ADDll70N TO THIS SURVEY IS A ~40LA770N OF SECTION 72090F 1HE NEW YORK 5TAI~ £DUCA~7ON LAFI, EXCEPT AS PER SEC~ON 720§-SUSDII/ISION 2. ALL CER77~TCA~7ONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY tF ~AfO ~AP OR COPIES BEAR ~tE II~PRF~$FO ~FAI OF THF SURW-YOR ~05£ $1CNA ~JR£ APPEARS HEREON. 49618 (631) 765-5020 765=1797 P,O, BOX 909 SOUTHOLD, N.E197 09--167 Edward Saw ck of¸ of the Estate TOwn Development Rights Pu ~lap Prepared by Town of $outhold Gig August 10, 2009 (~ f Sta~ley S awick~ and Edward Sawick~' ~ as Executor of the Estate of Stan~ley Saw~ek:i