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1000-63.-1-25.3
proposed greenhouses M 20 at vv • • . • • • - • screenilg *\,ce blue, . hedgerow P E C O N I C LAND TRUST SCCM#:1000-63-1-35.4 296 Hampton Road I P.O.Box 1776 Agricultural Center Aerial Photo:www.bing.com 2012 p Southampton,New York 11969 S Proposed Site Plan Property Owner:Pecooic Land (631)283-3195 Town of Southold Trust Prepared by:Dawn Liubenov;20 August 2012 Suffolk County,New York www.PeconicLandTrust.org THE UNDERSIGNED,PURSUANT TO SOUTHOLD TOWN CODE SECTION 100-254(1),ACKNOWLEDGES THAT THE CONDITIONS OF THE SITE PLAN APPROVAL SET FORTH IN THE RESOLUTION OF APPROVALUDATED [Q/,1�120421 ARE ACCEPTED/(SEE CONDITIONS ON RESOLUTION). PLEASE PRINNTT N-A—ME AUTHORIZED SIGNATURE TITLE DATE APPROVED BY TOWN OF SOUTHOLD PLANNING BOARD /Qt9�lz2 CHAIRPERSON SIGNATURE DATE NOTE:The approved site development plan shall be valid for a period of eighteen(1 g) months from the date of approval as per code section 100-255. SURVEY OF PROPERTY AT SOUTHOLD TOWN OF SOUTHOLD MA�f 15 2012 SUFFOLK COUNTY, N. Y. l A 1000-63-01-25 SCALE: 1"--100' - MARCH 20, 2008R MARCH 20, 2008 N/O/F LpCole MARCH 28, 2008 (CORNERS SET) CHER N SCH APRIL 8, 2008 (CERTIFICA77ONS) • MAY 27, 2008 (DEVELOPMENT RIGHTS) - " JUNE 8, 2008 (REVISIONS) IJ/06F REMpE t Y PA � AN 91 �P I OAR w(&_/ p4'10"E RES R. 0 ser owo N72.04 WA BBA 4' S.o m s 33.. ANNE MU R 528.1 FEZ a;E FE��S �•° o�° C N/o/F 5230 " %."W �65.U'1 CL 10 y}ti3) m C p p410n �'' 5?2p4 . E lh 6z cy0 NIS pK U C I N12 ORRE 641 p50p� H\ u\� 0/F ( f!';)R� pRFAo4, a N 0o ll z� L� N/Co� MO-OC) nEenflog �3+ RE9A' R� Z I 'AA" 150.00' i N. 00, m I N61O0 NIO�FUPSKI I z rE d o fn ISHER N/ K F 0/F 0 1A NONA REA�I N69 B�gnE° cL i CqL p1ELISSA TALARICO O e0 '20.E N I PROFESSjO - �• _ 150.00 w 9' — .734.24' i G 526,9 B _ 5-04.22 - Neo7+'2o"E Alf f 326.1y' _ w F REsiD V-0 AREA RBpM7_� r 11; RE"Z2118H ACRES . N/O/ SPO"� r 1� AR E9n 1 4I ; I ' 0 � E PREP ...�F2 iElfl 2p4. II S RUE UR pSep p IJ R CUTuse R AREA �) 1 -�\ NRPB GRICULT40kA� SSO•F 5s(RUCTU E pEPSEMENt 1$ AGRICUAREA^,6poo0 ACRES %v �� STM. \ O.H INRES..,�. � _._'.y P051fbU�p R0 Ff, e1 ppGPCULIA U�T Jp CREs RIGHTS � � ,�� Ffl. , .. 195.° ° 1; 8 4DP�D 50 8I NRkNEAGRl6IE JEU3oMP�RES 1 e o'°. 1cC� z c P 0 1 pk \ (9ELAP.)$1 1 , 10 Ep ° w % AR x I' S6'p5�i / 1 o'S TNG FE 60 576.22,2OI W NLLA�E �ONOAREA)M 'oat 1 1N 45 = 1 i=OUS,GlloN 1 (COMM O� '� x44• 5,2 Vl �1 EB EN rr1c POMP 19' A (vra\ �I HOUSE 1110' oull 'A 13 N/POE OONGPREAI os," t4l `' a FOuNi) 1�(COMMON F z Fom oes N/0/FOEgREpKARENMI4UER n d .p6'OOnw 010 PB Ul2o PECON/EO LAND TRUST, INCORF'ORA TED 510 DELI OF sA IIONALDTITLE INSURANCE COMPANY ,RgoF NE1.y .1RE c E d E _f �,� N/o NE BA�O�N So� NT.MET2c�P� JUN 6 2U08 D �,COTt i DEPT OF LAND ANY AL7ERA110N OR ADDITION TO THIS SURVEY IS A NOLATl01I .S. LIC, NO. 49618 t w P?FSERYAil01V LL OF SECTION 7209OF THE NEW YORK STATE EDUCATION LAW. '`� P.C. 0 =MONUMENT TOTAL, PARCEL EXCEPT AS PER SECTION 7209-SUBD'VISION 2. ALL CERTIF)CATONS 6 � '- AX (631) 765-1797 0 =PIPE HEREON ARE VALID FOR THIS MAI' AND COPIES THEREOF ONLY IF P.O. AREA X3.4004 ACRES SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE .SUR,EYOR 1230 TRAKELER STREET- D _•_, ® =STAKE _ WHOSE SIGNATURE APPEARS HER17ON• V sou THOJ , N, Y. 11971 OU-118 0 • MAILING ADDRESS: PLANNING BOARD MEMBERS O f so P.O.Box 1179 DONALD J.WILCENSKIO�� y�l Southold, NY 11971 Chair ` OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G 54375 State Route 25 JAMES H.RICH III '.l` (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR �IyCOum Southold, NY 111' Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 23, 2012 Ms. Kimberly Quarty c/o Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Approval - Proposed Site Plan for Peconic Land Trust Greenhouses Located at 3005 Youngs Ave, t1/4 mile s/o CR 48, Southold SCTM#1000-63-1-25.3, 25.4 Zoning District: R-80 Dear Ms. Quarty: The following resolutions were adopted at a meeting of the Southold Town Planning Board on October 22, 2012: WHEREAS, this proposed site plan is for two 16' x 24' (384 s.f.) greenhouses for agricultural use on a 21 acre (Town Dev. Rights) parcel in the R-80 Zoning District, Youngs Avenue, Southold; and WHEREAS, the applicant submitted an application for site plan review on May 15, 2012; and WHEREAS, on May 21, 2012, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, the Southold Town Planning Board pursuant to State Environmental Quality Review (SEQR) (6 NYCRR, Part 617.5 (c) (3) has determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5(c) (3) "agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming" and, therefore, not subject to SEQRA review; and Peconic Land Trust Page Two October 23, 2012 WHEREAS, on May 29, 2012, the Southold Town Fire Inspector reviewed and determined that there was adequate fire protection and emergency access for the site; and WHEREAS, on June 27, 2012, the Southold Fire District determined there was adequate fire protection and emergency access for the site; and WHEREAS, on July 9, 2012, a public hearing was held and kept open due to concerns raised by the public; and WHEREAS, on July 31, 2012, the Southold Town Engineer reviewed the above- referenced application and has determined that the proposed drainage meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on August 13, 2012, the Planning Board closed the public hearing after the applicant addressed the concerns raised by the public to the Board's satisfaction; and WHEREAS, on September 21, 2012, the Town of Southold LWRP Coordinator reviewed the above-referenced project and has determined the proposed project to be consistent with Southold Town LWRP policies; and WHEREAS, the Southold Town Planning Board, pursuant to §280-133 C of the Southold Town Code, has the discretion to waive any or all of the requirements in §280- 133 for those applications involving uses strictly related to agriculture as long as they are not necessary to further the objectives set forth in Town Code §280-129 to maintain public health, safety, and welfare. The Planning Board has found that this application is eligible for a waiver of certain elements of the site plan requirements because it is an agricultural use; and WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code §280-131 B (5), has the discretion to vary or waive the parking requirements for Site Plan Applications where doing so would not have a detrimental effect on the public health, safety or general welfare, and will not have the effect of nullifying the intent and provision of the Site Plan Requirements chapter of the Town Code. The Planning Board has found that this application is eligible for a waiver of parking requirements because there is no need to provide for parking - the application is for an agricultural use and part of an active farm operation and the parcel is large in size relative to the proposed structure (0.04% lot coverage); and WHEREAS, on October 1, 2012, the Southold Town Planning Board determined that all applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan Approval of the Town of Southold have been met; and WHEREAS, on October 16, 2012, the Southold Town Chief Building Inspector reviewed and certified the proposed site plan as a permitted use in the R-80 Zoning District; be it therefore Peconic Land Trust Page Three October 23, 2012 RESOLVED, that the Southold Town Planning Board hereby waives the parking requirements as noted above; and be it further RESOLVED, that the Southold Town Planning Board hereby waives certain elements of the Site Plan Requirements as noted above; and be it further RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southold Town Planning Board grants Approval to the site plan entitled "Agricultural Center", prepared by Dawn Liubenov on May 14, 2012, last revised August 20, 2012 and authorizes the Chairman to endorse the site plan. Please also note the following requirements in the Southold Town Code relating to site plans: 1. Any outdoor lighting shall be shielded so the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. 2. All storm water run-off from grading, driveways and gravel areas must be contained on site. 3. Proposed storm water run-off containment systems must be inspected by the Town Engineer at the time of installation. Please call the Southold Town Engineer prior to beginning this work. 4. Approved Site Plans are valid for eighteen months from the date of approval, within which time all proposed work must be completed, unless the Planning Board grants an extension. 5. Any changes from the Approved Site Plan shall require Planning Board approval. 6. Prior to the issuance of a Certificate of Occupancy, the Planning Board must inspect the site to ensure it is in conformity with the Approved Site Plan, and issue a final site inspection approval letter. Should the site be found not in conformance with the Approved Site Plan, no Certificate of Occupancy may be issued unless the Planning Board approves the changes to the plan. A copy of the Approved Site Plan is enclosed for your records. One copy will also be sent to the Building Department and the Town Engineer/Highway Department. Peconic Land Trust Page Four October 23, 2012 If you have any questions regarding the above, please contact this office. Very truly yours, D Donald Chairman Encl. cc: Building Dept. w/map Town Engineer w/map MAILING ADDRESS: PLANNING BOARD MEMBERS ��� "�� � � x� P.O. Box 1179 DONALD J.WILCENSKI �r � �� ' Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERSTown Hall Annex PIERCE RAFFERTY �� `� �' 54375 State Route 25 ��� u � JAMES H.RICH III ) (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ����i�I 1� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD Certified Mail/Return Receipt October 4, 2016 Ms. Kimberly Quarty c/o Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Approval: Proposed Site Plan for Peconic Land Trust Greenhouses Located at 3005 Youngs Ave, ±1/4 mile s/o CR 48, Southold SCTM#1000-63-1-25.3, 25.4 Zoning District: R-80 Dear Ms. Quarty: The Extension of Site Plan Approval granted by the Southold Town Planning Board on October 5, 2015 will expire on October 22, 2016 (resolutions attached). If the work on the site has been completed, please submit a request for a final site inspection. If the work has not been completed, please submit your request for an Extension of Site Plan Approval for consideration by the Planning Board, to include the reason why an extension is necessary. If you have any questions regarding this matter, you may contact our office, Very truly yours, Donald J. Wilcenski Chairman Encl. cc: Michael Verity, Chief Building Inspector MAILING ADDRESS: PLANNING BOARD MEMBERS J'? ` ., P.O.Box 1179 R DONALD J.WILCENSSouthold,NY 11971 HI ��„ 'ar" "��'� X� Chair "" OFFICE LOCATION: WILLIAM J.CREMERS � � Town Hall Annex PIERCE RAFFERTY ' , l 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR w, 410 11 w�fjo' Southold,NY Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 6, 2015 Ms. Kimberly Quarty c/o Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Extension of Site Plan Approval for the Peconic Land Trust Greenhouses Located at 3005 Youngs Avenue, t1/4 mile s/o CR 48, Southold SCTM#1000-63-1-25.3 & 25.4 Zoning District: R-80 Dear Ms. Quarty: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, October 5, 2015: WHEREAS, this Site Plan is for two 16' x 24' (384 sq. ft.) greenhouses for agricultural use on a 21 acre (Town Development Rights) parcel in the R-80 Zoning District, Youngs Avenue, Southold; and WHEREAS, on October 23, 2012, the Southold Town Planning Board granted approval on the Site Plan entitled "Agricultural Center", prepared by Dawn Liubenov on May 14, 2012 and last revised August 20, 2012; and WHEREAS, on April 22, 2014, the Site Plan Approval expired; and WHEREAS, on May 19, 2014, the agent, Kimberly Quarty, submitted a letter requesting an Extension of Site Plan Approval for six (6) months due to conflicting planning schedules and a pending purchase of additional farmland; and WHEREAS, the Southold Town Planning Board granted an Extension of Site Plan Approval for one (1) year from April 22, 2014 to April 22, 2015 on the Site Plan entitled "Agricultural Center", prepared by Dawn Liubenov on May 14, 2012 and last revised August 20, 2012; and WHEREAS, on April 22, 2015, the Site Plan Approval expired; and Peconic Land Trust Greenhouses— Page 2—Octouer 5, 2015 WHEREAS, on September 27, 2015, the agent, Kimberly Quarty, submitted a letter requesting an Extension of Site Plan Approval for at least one (1) year due to conflicting planning schedules and a pending purchase of additional farmland; and WHEREAS, at a Work Session held on October 5, 2015, the Planning Board reviewed the application and determined that the expired Site P Ian is in compliance with current rules and regulations; be it therefore RESOLVED, that the Southold Town Planning Board grants an Extension of Site Plan Approval for eighteen (18) months from April 22, 2015 to October 22, 2016 on the Site Plan entitled "Agricultural Center", prepared by Dawn Liubenov on May 14, 2012 and last revised August 20, 2012. If you have any questions regarding the above, please contact this office. Very truly yours, )c,...... H, /L-,Apn ?--. James H. Rich, III Vice-Chairman 111111 m u�m � AA iman iuip oro E' I7- u.....m,._, Ill Postage $ (I ag /" Ceirtffled Fee �dmuauuw�@�iii at a — Poshnark C3 u a teen C3 (Endoiia r naurcnt lftas¢�rallred) ne'us,tuficte d rDdliveiry 1 ee ��.. C3 fe aRAq P w'erllro RkdPtiuPhr ) _._,..a.., .w g ■ Complete items 1,2,and 3.Also complete A. Signature Item 4 If Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse so that we can return the card to you. g Recaived bycdwdi�Name) O.D to o DeW ary ■ Attach this card to the back of the mallpiece, or on the front If space permits. D. Is delivery address different from Item 1? El Yes 1. Article Addmued to: If YES,enter delivery address below: ❑No . Kimberly Quarty aoonro Land Trust P.O. Box 1776 3, er eHype Southampton, NY 11969 Certified Mair 1I Mall Exprese p ❑Registered Receipt for Merchandise ❑Insured Mall 0,Collect on Drllvery 4. Restricted Delivery?(Extra Fee) p Yes 2 AtticleNumbee 7014 1200 0001 6743 6749 (fttm,fvr fturn son0tofteg l Ps Form 3811,July 0013 � Domestic;Return Receipt 0 • MAILING ADDRESS: PLANNING BOARD MEMBERS � P.Southold,ox 1179 11971 Chair DONALD J.WILCENSKI �� �� OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS 54375 State Route 26 AI JAMES H.RICH III " (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold,NY Telephone: 631795-1938 Fax:631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 23, 2012 Ms. Kimberly Quarty c/o Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Approval - Proposed Site Plan for Peconic Land Trust Greenhouses Located at 3005 Youngs Ave, t1/4 mile s/o CR 48, Southold SCTM#1000-63-1-25.3, 25.4 Zoning District: R-80 Dear Ms. Quarty: The following resolutions were adopted at a meeting of the Southold Town Planning Board on October 22, 2012: WHEREAS, this proposed site plan is for two 16' x 24' (384 s.f.) greenhouses for agricultural use on a 21 acre (Town Dev. Rights) parcel in the R-80 Zoning District, Youngs Avenue, Southold; and WHEREAS, the applicant submitted an application for site plan review on May 15, 2012; and WHEREAS, on May 21, 2012, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, the Southold Town Planning Board pursuant to State Environmental Quality Review (SEQR) (6 NYCRR, Part 617.5 (c) (3) has determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5(c) (3) "agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming" and, therefore, not subject to SEQRA review; and Peconic Land Trust Page Two October 23, 2012 WHEREAS, on May 29, 2012, the Southold Town Fire Inspector reviewed and determined that there was adequate fire protection and emergency access for the site; and I WHEREAS, on June 27, 2012, the Southold Fire District determined there was adequate fire protection and emergency access for the site; and WHEREAS, on July 9, 2012, a public hearing was held and kept open due to concerns raised by the public; and WHEREAS, on July 31, 2012, the Southold Town Engineer reviewed the above- referenced application and has determined that the proposed drainage meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on August 13, 2012, the Planning Board closed the public hearing after the applicant addressed the concerns raised by the public to the Board's satisfaction; and WHEREAS, on September 21, 2012, the Town of Southold LWRP Coordinator reviewed the above-referenced project and has determined the proposed project to be consistent with Southold Town LWRP policies; and WHEREAS, the Southold Town Planning Board, pursuant to §280-133 C of the Southold Town Code, has the discretion to waive any or all of the requirements in §280- 133 for those applications involving uses strictly related to agriculture as long as they are not necessary to further the objectives set forth in Town Code §280-129 to maintain public health, safety, and welfare. The Planning Board has found that this application is eligible for a waiver of certain elements of the site plan requirements because it is an agricultural use; and WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code §280-131 B (5), has the discretion to vary or waive the parking requirements for Site Plan Applications where doing so would not have a detrimental effect on the public health, safety or general welfare, and will not have the effect of nullifying the intent and provision of the Site Pian Requirements chapter of the Town Code. The Planning Board has found that this application is eligible for a waiver of parking requirements because there is no need to provide for parking -the application is for an agricultural use and part of an active farm operation and the parcel is large in size relative to the proposed structure (0.04% lot coverage); and WHEREAS, on October 1, 2012, the Southold Town Planning Board determined that all applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan Approval of the Town of Southold have been met; and WHEREAS, on October 16, 2012, the Southold Town Chief Building Inspector reviewed and certified the proposed site plan as a permitted use in the R-80 Zoning District; be it therefore Peconic Land Trust Page Three October 23 2012 RESOLVED, that the Southold Town Planning Board hereby waives the parking requirements as noted above; and be it further RESOLVED, that the Southold Town Planning Board hereby waives certain elements of the Site Plan Requirements as noted above; and be it further RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southold Town Planning Board grants Approval to the site plan entitled "Agricultural Center', prepared by Dawn Liubenov on May 14, 2012, last revised August 20, 2012 and authorizes the Chairman to endorse the site plan. Please also note the following requirements in the Southold Town Code relating to site plans: 1. Any outdoor lighting shall be shielded so the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. 2. All storm water run-off from grading, driveways and gravel areas must be contained on site. 3. Proposed storm water run-off containment systems must be inspected by the Town Engineer at the time of installation. Please call the Southold Town Engineer prior to beginning this work. 4. Approved Site Plans are valid for eighteen months from the date of approval, within which time all proposed work must be completed, unless the Planning Board grants an extension. 5. Any changes from the Approved Site Plan shall require Planning Board approval. 6. Prior to the issuance of a Certificate of Occupancy, the Planning Board must inspect the site to ensure it is in conformity with the Approved Site Plan, and issue a final site inspection approval letter. Should the site be found not in conformance with the Approved Site Plan, no Certificate of Occupancy may be issued unless the Planning Board approves the changes to the plan. A copy of the Approved Site Plan is enclosed for your records. One copy will also be sent to the Building Department and the Town Engineer/Highway Department. Peconic Land Trust Page Four October 23, 2012 If you have any questions regarding the above, please contact this office. Very truly yours, i Donald J. ilcensi Chairman Encl. cc: Building Dept. w/map Town Engineer w/map u � r w MAILING ADDRESS: PLANNING D E ERS �f SO"�/�,��. P.O. Box 1179 .; Southold, NY 11971 DONALD J.WILCENSKI � Chair � OFFICE LOCATION: WILLIAM J.CREEKS Town Hall Annex PIERCE RAFFERTY " 19rl- 54375 State Route 25 JAMES H.RICH III � (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDORcou w� ( Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 6, 2015 Ms. Kimberly Quarty c/o Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Extension of Site Plan Approval for the Peconic Land Trust Greenhouses Located at 3005 Youngs Avenue, ±1/4 mile s/o CR 48, Southold SCTM#1000-63-1-25.3 & 25.4 Zoning District: R-80 Dear Ms. Quarty: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, October 5, 2015: WHEREAS, this Site Plan is for two 16' x 24' (384 sq. ft.) greenhouses for agricultural use on a 21 acre (Town Development Rights) parcel in the R-80 Zoning District, Youngs Avenue, Southold; and WHEREAS, on October 23, 2012, the Southold Town Planning Board granted approval on the Site Plan entitled "Agricultural Center", prepared by Dawn Liubenov on May 14, 2012 and last revised August 20, 2012; and WHEREAS, on April 22, 2014, the Site Plan Approval expired; and WHEREAS, on May 19, 2014, the agent, Kimberly Quarty, submitted a letter requesting an Extension of Site Plan Approval for six (6) months due to conflicting planning schedules and a pending purchase of additional farmland; and WHEREAS, the Southold Town Planning Board granted an Extension of Site Plan Approval for one (1) year from April 22, 2014 to April 22, 2015 on the Site Plan entitled "Agricultural Center", prepared by Dawn Liubenov on May 14, 2012 and last revised August 20, 2012; and WHEREAS, on April 22, 2015, the Site Plan Approval expired; and Peconic Land Trust Greenhouses — Page 2 —Octouer 5, 2015 WHEREAS, on September 27, 2015, the agent, Kimberly Quarty, submitted a letter requesting an Extension of Site Plan Approval for at least one (1) year due to conflicting planning schedules and a pending purchase of additional farmland; and WHEREAS, at a Work Session held on October 5, 2015, the Planning Board reviewed the application and determined that the expired Site P Ian is in compliance with current rules and regulations; be it therefore RESOLVED, that the Southold Town Planning Board grants an Extension of Site Plan Approval for eighteen (18) months from April 22, 2015 to October 22, 2016 on the Site Plan entitled "Agricultural Center", prepared by Dawn Liubenov on May 14, 2012 and last revised August 20, 2012. If you have any questions regarding the above, please contact this office. Very truly yours, )C1. _.. /Y, ?--. James H. Rich, III Vice-Chairman WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, October 5, 2015 4:00 p.m. Southold Town Meetin Hall 4:00 p.m. Applications 5:30 p.m. Review Public Meeting Agenda Y. 1000-22-3-2 Project name. Aries Estates/Tull SCTM# Location: at the westerly terminus of a private right-of-way which extends north 4 from Kayleigh's Court in ..East Marron.., Description:.. This proposal is for a Standard Subdivision of an 11.4-acre parcel into two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in District. the R-80 Zoning _ �. Status. Conditional Fi nal Approval Action: Discuss items required for Final Approval, Attachments: Staff Report Project Name I Gonzalez Standard Subdivision SCTM# ( 1000-27-1-9 Location: 2050 Platt Road, approximately 1823' s/o NYS Route 25, in Orient Description: This proposal is for a Standard Subdivision of a 4.29 acre parcel into two lots where Lot 1 = 2.13 acres and Lot 2 = 2.17 acres located in the R-80 Zoning District. Status: New Application Action- Review revised Yield Plan. ........... Attachments: Staff Report ... Pro e 1.ct nam 11 ... . ._ _ e _ N & L Properties SCTM# 1000-73 2-4 Location: Located on the north side of Bridge Lane at the intersection of Oregon Road, in Cutchogue. Description: This Amended Site Plan is for the construction of an 8,635 sq. ft. building for the purposes of a private wine-making facility on a 31.07-acre parcel in the A-C Zoning District. Status: Pending _ . Action: Review revised Amended Site Plan. Attachments: Staff Report Project Name: Peconic Land Trust, Inc. SCTM#: 1000-63-1-25.3 Greenhouses Location: 3005 Youngs Avenue, Southold Description° This Approved Site Plan is for two 16' x 24' (384 sq. ft.) greenhouses for agricultural use on a 21 acre (Town Development Rights) parcel in the R- 80 Zoning District. Status; Approved Pending Final Inspection Action: re Review uest for Extension of Final Approval. � q Attachments: Staff Report Southold Planning Department Statf Report Site Plan Application Work Session Date October 5, 2015 Prepared By: Brian Cummings I. Application Information Project Title: Peconic Land Trust Greenhouses II. Action Review all staff comments with regard to the request for approval extension. III: Analysis This site plan was approved on October 22, 2012 for two 16' x 24' (384 s.f.) greenhouses for agricultural use on a 21 acre (Town Dev. Rights) parcel in the R-80 Zoning District, Youngs Avenue, Southold. Site Plan Approval expired after eighteen (18) months on April 22, 2014.. April 25, 2014, a letter was sent by the Planning Department notifying the applicant of the site plan expiration. May 19, 2014, Kimberly Quarty, agent, submitted a letter requesting an approval extension of six (6) months due to conflicting planning schedules and a pending purchase of additional farmland April 22, 2015, the Site Plan Approval extension expired and the applicant was notified. On September 27, 2015, the applicant requested an Extension of Site Plan Approval for at least one (1) year due to conflicting planning schedules and a pending purchase of additional farmland. Staff: The site plan remains in compliance with all applicable rules and regulations, V: Staff Recommendations It is recommended that site plan approval be extended for one (18) months, from April 22, 2015 — October 22, 2016 at tonight's Planning Board public meeting. 1 ` � - MAILING ADDRESS: PLANNING BOARD MEMBERS sate P.O. Box 1179 � DONALD J.WILCENSKI � Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III / (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR CAUNT1 a� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 3, 2014 Ms. Kimberly Quarty c/o Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Extension of Site Plan Approval for the Peconic Land Trust Greenhouses Located at 3005 Youngs Avenue, ±1/4 mile s/o CR 48, Southold SCTM#1000-63-1-25.3 & 25.4 Zoning District: R-80 Dear Ms. Quarty: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, June 2, 2014: WHEREAS, this Site Plan is for two 16' x 24' (384 sq. ft.) greenhouses for agricultural use on a 21 acre (Town Development Rights) parcel in the R-80 Zoning District, Youngs Avenue, Southold; and WHEREAS, at a Work Session held on May 15, 2012, the Planning Board accepted the application for review; and WHEREAS, the Southold Town Planning Board pursuant to State Environmental Quality Review (SEQR) (6 NYCRR, Part 617.5 (c) (3) has determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5(c) (3) "agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming" and therefore not subject to SEQRA review; and WHEREAS, the Southold Town Planning Board, pursuant to §280-133 C of the Southold Town Code, has the discretion to waive any or all of the requirements in §280- 133 for those applications involving uses strictly related to agriculture as long as they are not necessary to further the objectives set forth in Town Code §280-129 to maintain public health, safety, and welfare. The Planning Board has found that this application is eligible for a waiver of certain elements of the Site Plan requirements because it is an agricultural use; and Peconic Land Trust Greenhouses Page Two June 3 2014 WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code §280-131 B (5), has the discretion to vary or waive the parking requirements for Site Plan Applications where doing so would not have a detrimental effect on the public health, safety or general welfare and will not have the effect of nullifying the intent and provision of the Site Plan Requirements chapter of the Town Code. The Planning Board has found that this application is eligible for a waiver of parking requirements because there is no need to provide for parking - the application is for an agricultural use and part of an active farm operation and the parcel is large in size relative to the proposed structure (0.04% lot coverage); and WHEREAS, on October 23, 2012, the Southold Town Planning Board granted approval on the Site Plan entitled "Agricultural Center" prepared by Dawn Liubenov on May 14, 2012 last revised August 20, 2012; and WHEREAS, on April 22, 2014, the Site Plan Approval expired; and WHEREAS, on May 19, 2014, the agent, Kimberly Quarty, submitted a letter requesting an Extension of Site Plan Approval for six (6) months due to conflicting planning schedules and a pending purchase of additional farmland; and WHEREAS, at a Work Session held on June 2, 2014, the Planning Board reviewed the application and determined the expired site plan is in compliance with current rules and regulations; be it therefore RESOLVED, that the Southold Town Planning Board grants an Extension of Site Plan Approval for one (1) year from April 22, 2014 to April 22, 2015 on the Site Plan entitled "Agricultural Center", prepared by Dawn Liubfenov on May 14, 2012 and last revised August 20, 2012. If you have any questions regarding the above, please contact this office. Very truly yours Donald J. Wilcenski Chairman Southolu i'own Planning Board — Page Two — .,une 2, 2014 ..., n. _ ...., Project name: ForSelf _ k Storage #2 ' SCTM# 1000-96-1-1.2 A ed Amended Location: 115 Commerce Drive, Cutcho gue Description: This Site Plan is for the construction of a 24,505 sq. ft. storage building, including a 1,473 sq. ft. office, and a 1,473 sq. ft. apartment for security r on a 47,166 sq. ft. parcel in the Light Industrial Zoning,District. Status: Approved Site Plan _ _. Action: Review request for amendment to Approved Site Plan. Attachments: I Staff Report Pro'ect namee., Tidy Car ( SCTM#: 1 1000-55-5-2.2 Location: 3585 Youngs Avenue, on the s/w/c/o CR 48 and Youngs Ave., Southold Description: This amended Site Plan is for the applicant to conduct motor vehicle and accessory sales on a previously developed 1.49-acre parcel located in the General Business Zoning District. Status: Pending eview revised Site Plan. Action: R.. ........, m........ Attachments: Staff Reort p ........ ........ Project name i Stron s Marine Pavilion ° SCTM#: ' 1000-114-3-1 . _ C Location: 2255 Wickham Avenue, Mattituck Description. This amended Site Plan Application is for the proposed construction of a 32' x 24' (640 sq. ft.) pool cabana with two (2) pergolas at 14' x 20', storage and attached changing rooms with no plumbing on 8.8 acres in the Marine II Zoning District. Status:.. Pending Action: Review Site Plan. ....... Attachments: Staff Report Project Nam11 e: C Peconic Land Trust, Inc. SCTM#: j 1000-63-1-25.3 { Greenhouses ...... .... .......... Location• 3005 Youngs Avenue, Southold Description: This Approved Site Plan is for two 16' x 24' (384 sq. ft.) greenhouses for agricultural use on a 21 acre (Town Development Rights) parcel in the R- 80 Zoning District. Status: Approved Pending Final Inspection . . Action: Review request for Extension of Final Approval, Staff Report Attachments; J .. Discussion: 1. Archeology Review Policy 2. 20% slopes & Chapter 236 3. Sledzieski Request for Change of Zone at 58670 CR 48, Greenport, SCTM#1000-44-4-4 4. Draft Planning Board Monthly Report for May 2014 r. ., , �i d :� .� � .., N II�:M . r . . . I[, . May 15, 2014 Brian A. Cummings,Planner Town of Southold Planning Board Office Southold Town Hall P.O. Box 1179 Southold, New York 11971 RE: Approval for Peconic Land Trust Agricultural Center Greenhouses 3005 Youngs Avenue, Southold,NY SCTM#: 1000-63-1-25.3 Dear Brian: Per your letter dated April 25, 2014,we respectfully request a six(6)month extension of our Site Plan approval to construct two (2) greenhouses at the above referenced location. We have been delayed in erecting greenhouses on site due to conflicting planning schedules and a pending purchase of additional farmland. Should you have any questions or require any additional information,please feel free to contact me. Very truly yours, Kimberly QUM# � Project ar a "er" Enclosure 2�k, 11arinjpk,)n N,,,old 1 PC Box. 17/6 PJ'Y 1196") 1 '9"17a nvt r,,31 281") .4195 bbl 2,1,')33)2,31 www I"eMa:lig I! r MAILING ADDRESS: PLANNING BOARD MEMBERS ' rg so ✓ " P.O. Box 1179 DONALD J.WILCENSKI Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS ^" Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III ' (cor. Main Rd. &Youngs Ave.) , MAR TIN H.SIDOR z Ti f„ Southold, NY Telephone: 631 765-1938 www.s outhol dtownny.gov PLANNING BOARD OFFICE Certified Mail/Return Receipt TOWN OF SOUTHOLD April 25, 2014 Ms. Kimberly Quarty c/o Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Approval - Proposed Site Plan for Peconic Land Trust Greenhouses Located at 3005 Youngs Ave, t1/4 mile s/o CR 48, Southold SCTM#1000-63-1-25.3, 25.4 Zoning District: R-80 Dear Ms. Quarty: The site plan approval granted by the Southold Town Planning Board on October 22, 2012 has expired (resolution attached). If the work on the site has been completed, please submit a request for a final site inspection. If the work has not been completed, please submit your request for an extension of site plan approval for consideration by the Planning Board, to include the reason why an extension is necessary. If we do not hear from you within thirty days from the date of this letter, we will consider this application withdrawn. If you have any questions regarding this matter, you may contact our office. Very truly yours, Brian Cummings, Planner Encl. cc: Michael Verity, Chief Building Inspector MAILING ADDRESS: PLANNING BOARD MEMBERS �F sour P.O. Box 1179 DONALD J.WILCENSKI O�� '7�l Southold,NY 11971 Chair O OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR �`'�COorMSouthold, NY ��� Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 23, 2012 9 , D Ms. Kimberly Quarty 8 oc nEcl. c/o Peconic Land Trust T roVvnOr'SoUjHn,D P.O. Box 1776 Southampton, NY 11969 Re: Approval - Proposed Site Plan for Peconic Land Trust Greenhouses Located at 3005 Youngs Ave, t1 A mile s/o CR 48, Southold SCTM#1000-63-1-25.3, 25.4 Zoning District: R-80 Dear Ms. Quarty: The following resolutions were adopted at a meeting of the Southold Town Planning Board on October 22, 2012: WHEREAS, this proposed site plan is for two 16' x 24' (384 s.f.) greenhouses for agricultural use on a 21 acre (Town Dev. Rights) parcel in the R-80 Zoning District, Youngs Avenue, Southold; and WHEREAS, the applicant submitted an application for site plan review on May 15, 2012; and WHEREAS, on May 21, 2012, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, the Southold Town Planning Board pursuant to State Environmental Quality Review (SEAR) (6 NYCRR, Part 617.5 (c) (3) has determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5(c) (3) "agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming" and, therefore, not subject to SEQRA review; and SOtTown Hall Annex yy Telephone ( 31)765-1802 54375 Main Road 4 T Fax(631)765-9502 P.O. Box 1179 CM Southold,NY 11971-0959 ���OOUNTV,N� BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM TO: Donald J. Wilcenski, Planning Board Chair OCT 1 7 2012 FROM: Michael J. Verity, Chief Building Inspector DATE: October 16, 2012 REQUIREMENTS FOR SITE PLAN ELEMENTS & CERTIFICATION Project: Peconic Land Trust Location: 3005 Youngs Ave., Southold SCTM# 1000— Section 63- Block 1 — Lot 25.3 & 25.4 Date: August 20, 2012 Revised Date: 1. ALL BUILDINGS AND USES SHALL COMPLY WITH CHAPTERS 144 AND 280 OF THE SOUTHOLD TOWN CODE. 2. OFF STREET PARKING BY AUTHORITY OF THE PLANNING BOARD. 3. ALL FENCING, SCREENING AND LANDSCAPING BY AUTHORITY OF THE PLANNING BOARD. 4. THE PROPOSED USE GREENHOUSE IS A PERMITTED USE IN THIS R-80 DISTRICT AND IS SO CERTIFIED. Michael J. Verity Chief Building Inspector 0 • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 DONALD J.WILCENSKI �O��OF SOUTjyO� Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G C 54375 State Route 25 JAMES H.RICH III ,� • �O (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR y�,vurm, Southold,NY Telephone. 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael J. Verity, Chief Building Inspector From: Brian Cummings, Planner Date: October 3, 2012 Re: Site Plan for Peconic Land Trust Greenhouses Located at 3005 Youngs Avenue, t1/4 mile South of Middle Road, Southold SCTM#1000-63-1-25.3 & 4 The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. This proposed site plan is for two 16' x 24' (384 s.f.) greenhouses for agricultural use on a 21 acre (Town Dev Rights) parcel in the R-80 Zoning District, Youngs Ave, Southold. Thank you for your cooperation. `- PLOONIC LAND TVUST September 25, 2012 Brian A. Cummings, Planner Town of Southold Planning Board Office Southold Town Hall CCT — 3 2012 P.O. Box 1179 Southold, New York 11971 RE: Site Plan Application for Peconic Land Trust Agricultural Center Greenhouses 3005 Youngs Avenue, Southold, NY SCTM#: 1000-63-1-25.3 Dear Brian: Per your letter dated September 7, 2012 and the work session held on August 27, 2012, representatives from the Peconic Land Trust and Founders Village have met and agreed to the following screening design: • The planting of five (5) eight foot Leyland Cypress trees in the approximate location described on the attached proposed site plan. Should you have any questions or require any additional information, please feel free to contact me. Very truly yours, Stephen A.W. Searl Project Manager Enclosure 296 Hampton Road I PO Box 1776 I Southampton. NY 11969 1 Phone: 631.283.3195 1 Fax 631283.0235 w,w w Pen mlcl,andTrust.org I IOS proposed greenW6uuses e b b `* screening • • PF( ONIC L.ANI) (RUST 296 Hampton Road I P.O.Boz 1776 SCI'Mk:1000-631-35.4 Southampton,New York 11969 ffS ltural Center Aerial Photo:www.btng.com 2012 (637)2R;3195 wn of Southold Proposed Site Plan Property(honer:Pmonic Land Prepared by:Dawn Liubenov;20 August 2012County,New York Trost www.PeconiclandTmst.org 0 MAILING ADDRESS: PLANNING BOARD MEMBERS pF S0(/jh, P.O.Box 1179 DONALD J.WILCENSKI ��`�` Old Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hell Annex KENNETH L.EDWARDS 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR lycoulm Southold, NY Telephone:631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 7, 2012 Ms. Kimberly Quarty c/o Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Site Plan for Peconic Land Trust Agricultural Center Greenhouses SCTM#1000-63-1-25.3 Dear Ms. Quarty: I am writing as a follow-up to the Work Session held on August 27, 2012 where the Planning Board formally discussed the above-referenced site plan and required the following: 1. Please submit a Landscape Plan to this department after meeting with representatives from Founders Village to determine a landscape and/or screening design. Location, size, type and quantity of all proposed plantings shall be included on the site plan. If you have any questions regarding this site plan or its process, please do not hesitate to call this office. Very truly yours, Brian A. Cummings Planner • WORK SESSION AGENDA 0 SOUTHOLD TOWN PLANNING BOARD Monday, August 27, 2012 4:00 p.m. Southold Town Meetina Hall 4:00 p.m. Executive Session — Up-date on Litigation 4:15 p.m. Applications Project_name: . G.W. Meade Farm _SCTM#: 1000-69-5-7.1 Location: 1375 Ackerly Pond Lane, Southold Description: This site plan is for the proposed construction of a 5,200 s.f. horse barn connecting to a 14,400 s.f. indoor arena for the keeping/breeding/raising and training of horses and a riding academy with 10 parking spaces. Also. on the property are a 1,140 s.f. single-family dwelling, a 1,965 s.f. frame barn and a 700 s.f. frame building on 10.004 acres in the A-C Zoning District. Status.:. Pending Action: Status Up-date Attachments: Staff Report Project Name: Brewers Sterling Harbor Yacht Yard SCTM# 1000-36-1-1 ... Location: 1410 Manhasset Avenue, Greenport Description: This site plan is for the proposed demolition of (3) existing buildings and the construction of a one story 50'x 50' frame office/storage building & a 90'x 100' metal storage building to be built contiguously along with additional bulkhead work in the M-II Zoning District. Status: New Application Action: Review for completeness. Attachments: Staff Report Project name: Lieb Vines, LLC SCTM#: 1000-83-3-2.2 Location: 222' +/- east of Cox Lane & Oregon Road, Cutchogue Description: This Site Plan is for the conversion of an existing 5,569 s.f. agricultural storage building to a wine-tasting room and dry storage building, and includes a 12,122.86 s.f. bluestone parking lot and a 1,440 s.f. brick patio. Status:. Approved Action: Review Final Site Inspection. Attachments: Staff Report Project Name: Peconic Land Trust, Inc. SCTM#: 1000-63-1-25.3 Greenhouses Location 3005 Youngs Avenue, Southold ............ _. Description: This proposed site plan is for two 16' x 24' (384s.f.) greenhouses for agricultural use on a 2.3 acre parcel in the R-80 Zoning District. Status: Pending .. Action: Status Up-date Attachments: Staff Report c DUTHQ<Q 'RP DISTa�` SOUTHOLD FIRE DISTRICT P.O. BOX 908. SOUTHOLD, N.Y. 11971 (631) 765-4305 August 16, 2012 FAX (631) 765-5076 Mr. Brian A. Cummings, Planner Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 Re: Peconic Land Trust Greenhouses Dear Mr. Cummings: Please be advised that the Board of Fire Commissioners have reviewed the above mentioned site plan application and found that there is adequate fire protection for this property. The Board would like to reserve the right to review the above site plan if any changes occur to this property or to other property in the immediate area. Sincerely, , Carol A. Miller Fire District Secretary AUG 17 2012 _ J • Id MAILING ADDRESS: PLANNING BOARD MEMBERS �DF so P.O. Box 1179 DONALD J.WILCENSKI hO� �� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS ti Town Hall Annex KENNETH L.EDWARDS G @ 54375 State Route 25 JAMES H.RICH III O ,� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR lyCOU Southold, NY Telephone: 631 765-1938 Fax:631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 14, 2012 Ms. Kimberly Quarty c/o Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Close Hearing - Proposed Site Plan for Peconic Land Trust Greenhouses Located at 3005 Youngs Ave, t1/4 mile s/o CR 48, Southold SCTM#1000-63-1-25.3, 25.4 Zoning District: R-80 Dear Ms. Quarty: A public hearing was held by the Southold Town Planning Board on Monday, July 9, and August 13, 2012 regarding the above-referenced Site Plan. The August 13 public hearing was closed. If you have any questions regarding the above, please contact this office. Very truly yours, e LSajQ Donald J. Wilcenski Chairman eLT 5 PETITION BY THE RESIDENTS OF FOUNDERS VILLAGE AM 1 ORIGINAL PETITION BY THE RESIDENTS OF FOUNDERS VILLAGE HOMEOWNERS ASSOCIATION To: The Town of Southold Planning Board and The Peconic Land Trust, Inc. The undersigned persons, being residents of Founders Village in the Town of Southold, NY hereby petition The Town of Southold Planning Board to deny the application of The Peconic Land Trust, Inc. to locate two greenhouses in the area adjacent to the southerly end of the existing barn and for The Peconic Land Trust to relocate the proposed greenhouses to an area further distanced from and out of sight of the property line with Founders Village. EACH PETITIONER by signing this petition certifies that he or she is a resident of Founders Village Homeowners Association. 4 'U .ri 2555 Youngs Avenue �r 4.4�'�� n Ty %e�.F,sa 2555 Youngs Avenue (AAA MAR I k w t'iV 2555 Youngs Avenue r 9 C rLI " CO2w�v, 2555 Youngs Avenue j C tsq 4/mq „!a k 2555 Youngs Avenue :k p Gi 2555 Youngs Avenue I OA 2555 Youngs Avenue 2555 Youngs Avenue 3 F q (.G-Z { L2. K 2555 Youngs Avenue T 2555 Youngs,Avenue 2555 Youngs Avenue D2555 Youngs Avenue (� +Za1grRt 2555 Youngs Avenue k) �c - I T oS 2555 Youngs Avenue /g PETITION BY THE RESIDENTS OF FOUNDERS VILLAGE HOMEOWNERS ASSOCIATION To: The Town of Southold Planning Board and The Peconic Land Trust, Inc. The undersigned persons, being residents of Founders Village in the Town of Southold, NY hereby petition The Town of Southold Planning Board to deny the application of The Peconic Land Trust, Inc. to locate two greenhouses in the area adjacent to the southerly end of the existing barn and for The Peconic Land Trust to relocate the proposed greenhouses to an area further distanced from and out of sight of the property line with Founders Village. EACH PETITIONER by signing this petition certifies that he or she is a resident of Founders Village Homeowners Association. Signature of Printed Name Street Address Unit# Petitioner r i4Arclov W ATEA S 2555 Youngs Avenue 2555 Youngs Avenue –� 47 L.01 S Cbl—J i=rt 2555 Youngs Avenue (� mow Li . ty 2555 Youngs Avenue i6 C' / 1;10RJA ZZ(D 2555 Youngs Avenue % -L 2555 Youngs Avenue C)IV, �a t 2555 Youngs Avenue 2555 Youngs Avenue /moi L' bTlIa*j&, /1 2555 Youngs Avenue 7 t 2555 Youngs Avenue 7 L � • / ��j*- 2555 Youngs Avenue 113 e 2555 Youngs Avenue 7 L 2555 Youngs Avenue L�� ry k, 'e M CAT/ l* h s Avenue PETITION BY THE RESIDENTS OF FOUNDERS VILLAGE HOMEOWNERS ASSOCIATION To: The Town of Southold Planning Board and The Peconic Land Trust, Inc. The undersigned persons, being residents of Founders Village in the Town of Southold, NY hereby petition The Town of Southold Planning Board to deny the application of The Peconic Land Trust, Inc. to locate two greenhouses in the area adjacent to the southerly end of the existing barn and for The Peconic Land Trust to relocate the proposed greenhouses to an area further distanced from and out of sight of the property line with Founders Village. EACH PETITIONER by signing this petition certifies that he or she is a resident of Founders Village Homeowners Association. Signature of Printed Name Street Address Unit# Petitioner j-0 AQ- 2555 Youngs Avenue q 555 Youngs Avenue CG, %pt,� %ReAER(u1 j 2555 Youngs Avenue n, ie 2555 Youngs Avenue 1 2555 Youngs Avenue 1 C i / M✓�Q ) } r I IJ+� 2555 Youngs Avenue Iri 2555 Youngs Avenue T� 2555 Youngs Avenue ��ryj p W Youngs Avenue 2555 Youngs Avenue z ,1' 2555 Youngs Avenue 7-r7 r 0 2555 Youngs Avenue 2555 Youngs Avenue a g Jcq,J / !� i�� 2555 Youngs Avenue (, C' PETITION BY THE RESIDENTS OF FOUNDERS VILLAGE HOMEOWNERS ASSOCIATION To: The Town of Southold Planning Board and The Peconic Land Trust, Inc. The undersigned persons, being residents of Founders Village in the Town of Southold, NY hereby petition The Town of Southold Planning Board to deny the application of The Peconic Land Trust, Inc. to locate two greenhouses in the area adjacent to the southerly end of the existing barn and for The Peconic Land Trust to relocate the proposed greenhouses to an area further distanced from and out of sight of the property line with Founders Village. EACH PETITIONER by signing this petition certifies that he or she is a resident of Founders Village Homeowners Association. Signature of Printed Name Street Address Unit# Petitioner h� 2555 Youngs Avenue 3��1 �L�C CY.�Ct �� N�! �I� 2555 Youngs Avenue �Lu ti,, hl I CSG p L l 2555 Youngs Avenue { 2555 Youngs Avenue I Ci' �� LC' 2555 Youngs Avenue l 2555 Youngs Avenue I 2555 Youngs Avenue / 2555 Youngs Avenue (-Lof-42555 2555 Youngs Avenue M cL r�keep �p c Q 2555 Youngs Avenue pp 2555 Youngs Avenue p 2555 Youngs Avenue 2555 Youngs Avenue ,5 2555 Youngs Avenue S PETITION BY THE RESIDENTS OF FOUNDERS VILLAGE HOMEOWNERS ASSOCIATION To: The Town of Southold Planning Board and The Peconic Land Trust, Inc. The undersigned persons, being residents of Founders Village in the Town of Southold, NY hereby petition The Town of Southold Planning Board to deny the application of The Peconic Land Trust, Inc. to locate two greenhouses in the area adjacent to the southerly end of the existing barn and for The Peconic Land Trust to relocate the proposed greenhouses to an area further distanced from and out of sight of the property line with Founders Village. EACH PETITIONER by signing this petition certifies that he or she is a resident of Founders Village Homeowners Association. Signature of Printed Name Street Address Unit# // Petitioner CuZ ll�ui l✓��BA�� F j�/4 2555 Youngs Avenue L V 2555 Youngs Avenue �C :3- �tCaAkt 2555 Youngs Avenue L pi 1 4 'Du een tAcGi-,L2555 Youngs Avenue 9 2555 Youngs Avenue /O JOHN 7*---Z2— 2555 Youngs Avenue / /E J k,v\-�J 2555 Youngs Avenue !f 11 F 2555 Youngs Avenue 2555 Youngs Avenue (; Do 2555 Youngs Avenue rp A�� //� 2555 Youngs Avenue Z Cz 1)' e [4q ct S 2555 Youngs Avenue 2555 Youngs Avenue 3 C �1 km L0-1- b�-A/ 1 2555 Youngs Avenue I PETITION BY THE RESIDENTS OF FOUNDERS VILLAGE HOMEOWNERS ASSOCIATION To: The Town of Southold Planning Board and The Peconic Land Trust, Inc. The undersigned persons, being residents of Founders Village in the Town of Southold, NY hereby petition The Town of Southold Planning Board to deny the application of The Peconic Land Trust, Inc. to locate two greenhouses in the area adjacent to the southerly end of the existing barn and for The Peconic Land Trust to relocate the proposed greenhouses to an area further distanced from and out of sight of the property line with Founders Village. EACH PETITIONER by signing this petition certifies that he or she is a resident of Founders Village Homeowners Association. Signature of Printed Name Street Address Unit# Petitioner ` .4R G4/ E 555Youngs Avenue - / aAC L A pe, 2555 Youngs Avenue L C L c Owl 2555 Youngs Avenue e��a � cA Cr Cc e�v 555 Youngs Avenue C/ �l"X "Te�ese (/� `r"Itch 2555 Youngs Avenue / tLJ' Y b 4 I: / 2555 Youngs Avenue /urs' 16 e, 7- g6P�cff 2555 Youngs Avenue /moi -L LIV 2555 Youngs Avenue 2555 Youngs Avenue Lf t- 2555 2555 Youngs Avenue v ' b� wj N 2555 Youngs Avenue 77 L Q L Sl ®2 2555 Youngs Avenue C l r ( L 2555 Youngs Avenue 2555 Youngs Avenue PETITION BY THE RESIDENTS OF FOUNDERS VILLAGE HOMEOWNERS ASSOCIATION To: The Town of Southold Planning Board and The Peconic Land Trust, Inc. The undersigned persons, being residents of Founders Village in the Town of Southold, NY hereby petition The Town of Southold Planning Board to deny the application of The Peconic Land Trust, Inc. to locate two greenhouses in the area adjacent to the southerly end of the existing barn and for The Peconic Land Trust to relocate the proposed greenhouses to an area further distanced from and out of sight of the property line with Founders Village. EACH PETITIONER by signing this petition certifies that he or she is a resident of Founders Village Homeowners Association. Signature of Printed Name Street Address Unit# Petitioner 7 ' CI -/6 E< ��6J)C-le 2555 Youngs Avenue r� 2555 Youngs Avenue �J t Iiu k( F}. Y,4er ere- 2555 Youngs Avenue 9 (� Irv) k is hAni`wV2555 Youngs Avenue {a,� 2555 Youngs Avenue ( eJ� YA7V 4!N 2555 Youngs Avenue 2555 Youngs Avenue 2555 Youngs Avenue 2555 Youngs Avenue 2555 Youngs Avenue 2555 Youngs Avenue 2555 Youngs Avenue 2555 Youngs Avenue 2555 Youngs Avenue Submission Without a Cover Letter �✓ Sender: //�� �o� r i o. ( cam .(� `f'o Subject: Y I 1,-19 �„U f t SCTM#: 1000 - - n Date: $ /13 UL AUG 13 Comments: C D Town of Southold Planning Board Photos to be presented at Public Hearing 8/13112 by Founders Village residents Re: Peconic Land Trust Greenhouses d a � •k= Wif man i BACK OF _ AREA 07 - 24 - 2012 rV^ r*hr � • ' r�� � 4 J t � t` •1. t ' , • `41 _ i .M Yy ) ' Y r iiiiiiiiYYYYYYYY....... I� ^ _ 99i111'��� rY� 4k - r " 5 J { dp tie VIEW OF PATIO BLDG 3 FROM PROPERTY LINE jw )7 . 24 - 2012 r. .�ems.. n .,. 9 � ••',•� .,�. -, • .. 'z -°^ " 7 � I a f - i l n �' � �� :`\tip 4• �� �yy \ • ♦ iYt 1�1 j 1•a� f ♦, ` S S aIL ` im i '--+3-I•CS rV i 0 i es � .R� cc " A N IV y�` k 4 .. 1 5 � .. �p�' �� � ." ,� � I ' r .may,- t•,�r „x<6-. k. ffl � c Diana R. Gordon Aug - i 2012 152 Sixth Street Greenport, NY 11944 631 477-6544 August 3, 2012 To the Planning Committee of Southold: I am writing in support of the plan to install small greenhouses at the Peconic Land Trust Ag Center at Chamews Farm. I have been a community gardener there for the past two years and have been active in support of PLT activities to promote commercial farming and community education about agriculture on the North Fork. Greenhouses can be a significant educational tool to promote the aims of the Peconic Land Trust and everyone else who supports the preservation of farmland and farming culture in this area. So many children (and even some adults) have no idea how plants grow, what their stages of development mean or look like; visiting a greenhouse, particularly if visits are repeated at different times in the growing season, can address this. I have personal experience with my own tiny greenhouse. On several occasions we have had children visiting who have gaped at seedlings, asked good questions about how they grow, and, in one case, assisted in moving them from flats into small pots. The children's interest is always intense; the growth process of the vegetables they eat suddenly seems real to them in a way they haven't understood until that moment. Installing greenhouses at Chamews will enable the Peconic Land Trust to significantly enrich its educational program and to expand the benefit that PLT provides to Southold Town and to the farming community more generally. MAILING ADDRESS: PLANNING BOARD MEMBERSP.O.Box 1179 DONALD J.WILCENSKI k SO(/j�o Southold, NY 11971 Chair � OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G C 54375 State Route 25 JAMES H.RICH IIIicR ,� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR IyCOU '� Southold,NY Telephone: 631 765-1938 Fax:631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 25, 2012 Ms. Carol Miller c/o Southold Fire District P.O. Box 908 Southold, NY 11971 Re: Request for Review on: Site Plan for Peconic Land Trust Greenhouses Located at 3005 Youngs Avenue, ±1/4 mile South of Middle Road, Southold SCTM#1000-63-1-25.3 & 4 Dear Ms. Miller: The enclosed site plan application is being referred to you for your comment on matters of interest to the fire department, including fire department equipment access, emergency services, and any other issue that may be of concern or relevance to this application. Please respond with your recommendations at your earliest convenience. This proposed site plan is for two 16' x 24' (384 s.f.) greenhouses for agricultural use on a 21 acre (TDR) parcel in the R-80 Zoning District, Youngs Ave, Southold. Please contact me at (631)765-1938 if you have any questions. Thank you for your cooperation. Sincerely, Brian Cummings Planner Encls.: Site Plan Application Site Plan Building Specifications WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, July 23, 2012 4.00 a.m. Southold Town Meetina Hall 4:00 p.m. Executive Session - Litigation Applications Project Name: loannou, Constantine SCTM#: 1000-23-1-14.7 Location: on the north side of State Road 25, 4,848 feet e/o Kayleigh's Court, in East Marion Description: This proposed standard subdivision is for 3 lots on 6.81 acres where Lot 1 = 92,332 sq. ft., Lot 2 = 124,679 sq. ft., inclusive of the 25' wide right- of-way, and Lot = 80,000 sq. ft. Status: Conditional Preliminary Approval Action: Review revised C & Rs &Bond request. Attachments: Staff Report Project Name: Peconic Land Trust, Inc. SCTM#: 1000-63-1-25.3 Greenhouses Location: 3005 Youngs Avenue, Southold Description: This proposed site plan is for two 16' x 24' (384s.f.) greenhouses for agricultural use on a 2.3 acre parcel in the R-80 Zoning District. Status: Pending Action: Review comments from referrals & public hearing Attachments: Staff Report Project Name: Platinum East Properties, LLC SCTM#: 1000-69-6-3 Location: 48205 Route 25, ±956.85' west of Ackerly Pond Lane, Southold Description: This site plan is for the proposed construction of a 2,880 sq. ft. electrical contractor office/warehouse on 0.9 acres in the General Business (B) Zoning District, Southold. Status: Pending Action: Review comments from referrals. Attachments: Staff Report Project Name: Goggins SCTM#: 1000-114-11-9.1 Location: 13200 Route 25, Mattituck Description: This proposed site plan is to convert an existing 2,187 s.f. single family dwelling to three apartment units at 850 s.f., 850 s.f. and 486 s.f. Seven parking stalls are proposed at 13200 NYS Rt. 25, Mattituck, in the HB Zoning District. Status: Pending Action: Review request from applicant for site work Attachments: Staff Report i July 23, 2012 Planning Board Members Southold Town Hall Southold,NY 11971 Dear Planning Board Members: In anticipation of the Peconic Land Trust's unwillingness to relocate the plastic structures from the southerly end of the existing bam, we would like to again present our objections. We would like to suggest that in addition to the large area behind the barn,the Hubbard parcel (1000- 55-5-2.4)be considered as one of the alternative sites. This property is located between several businesses, has recently been cleared by Peconic Land Trust and would not adversely affect any resident. It is near the community gardens and a parking area. The Hubbard property is a good distance from any existing residence, in direct contrast to the proximity to 10 units that border the originally proposed site on Founders Village property line. When many of the Founders Village residents purchased their units,there was a reasonable expectation that the Charnews property would not be farmed again. While we all support and respect the goals of the Peconic Land Trust,the realities of life on the North Fork today, in 2012, call for flexibility and accommodation by all parties. In the current economy, the 92 families of Founders Village are mindful that our property values may further decline as a result of the plastic structures on our common property line. We currently generate between $200,000 and $300,000 tax revenue annually. As Seniors, we feel we are entitled to the dignity and respect accorded to the"Greatest Generation"that provided the lifestyle of today. To ask these same Seniors to be inconvenienced by the sight and sound of these plastic structures on our property line is disrespectful and indefensible. Thank you for your attention to our concerns. Yours truly, &LLt(�- , JUL 23 Carol Bertsch Resident Founders Village a, rtaX14r➢ �a�De / O n V)y fid' I 17 rt��✓A B'� 22 31.9A y .gam LSAICI 5 .q ev SM V 1010-91 $ 2.3 J-Z}90 3.IAInI 1.1 -. rrd'x Ce wlMo 1�T4�9 n n eo6 �1 FOR PCL.NO. 11 00 9M1 ptVELmv[xr wwrs� SEE SEC.NO. 1211-0 1M1P4i 24 0116-01 M1' A t SAlcl vy 055-05-017 OI 2)OI • M1.J 26S 2.H.p 6� '� 1l 1 iwM 1 0 -2L490S ]-09-6 'Po W.mwrr D 06o dX�.E.LA xp 'P b R EP unluarr yn 10.2604 D 6 t y -160 Z 4-04-0 Q` 1sRU a \ ,2.L 3 1020-06 \ b' -27 0 UAW6'01-0] 15 D 02 0 2.411tl 25.9 3'� fi'2 9-2]-0 21.00 \ LL4 I I 0]-0] �Z` nax r wrNan nax o<s6vrlan 1-11.0 SOP x EEYEIP°YExr APIr51 44 4 CEUEIPMKNr PO//SI 6-17-0C' fie 11.07. _6�S JS P lfi 121)-00 ♦�, 6dOQ,gW✓<11 vplt� 6 O MAW 61 3y° (N' 1.11 1-26 226- vF 1.12 �' 'A FouuPs MLAMW.comEkw A e 904-0 2.50 t s[cr(N L �cOYMw 9491 q ,hk '{ IF9p IINiS YE G �j yc.M.alAll .¢. 1.5 � Irf4»k'm 6x[+a 19.21Ic1 IEVfIWEMI PoSIIISi tJ.l V `R E0.WFP5 VILAU Ctl4"uW,�u Wj i 14 1J.2 SECT. 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W.M,1y° Lql wnkl LLv ..ate w.rM~ - xuWAtSL Lw—xa— N .... 23 o..a k« u.t um W.tza• _____ i„f wkk.,.. — :—_ x 1 Ave �3 t` 1000-55-5-2 4 3.17 acres development _ rights easement(Town} - CR&8 ,try `• x iMAILING ADDRESS: PLANNING BOARD MEARSP.O. Box 1179 DONALD J.WILCENSKI O��OF SOUlyO! Southold, NY 11971 Chair h Q OFFICE LOCATION: WILLIAM J.CREMERS 4 Town Hall Annex KENNETH L.EDWARDS G Q - 54375 State Route 25 JAMES H.RICH III 0 (cor. Main Rd. &Youngs Ave.) MARTIN H.SD)OR �yCOUSouthold, NY Telephone: 631765-1938 Fax:631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Brian Cummings, Planner Date: July 19, 2012 Re: Site Plan for Peconic Land Trust Greenhouses Application Name: Peconic Land Trust Greenhouses Tax Map Number: 1000-63.4-25.3 Location: 3005 Youngs Avenue, Southold Type of Application: Sketch Subdivision Map (Dated: ) Preliminary Subdivision Map (Dated: ) Final Subdivision Map (Dated: ) Road Profiles (Dated: ) Grading and Drainage Plans (Dated: ) Other (Dated: ) Site Plan (Dated: May 14, 2012) Revised Site Plan (Dated: ) Grading and Drainage Plans (Dated: ) Other (AS BUILT) (Dated: ) Project Description: This proposed site plan is for two 16' x 24' (384 s.f.) greenhouses for agricultural use on a 21 acre(TDR) parcel in the R-80 Zoning District,Youngs Ave, Southold. Additional Comments: Thank you for your cooperation. �Ll -"ubf= • • a�ev ,��5 �L l � lyv a � E o .� JUL 13 An To.n moa a�..e " N A Bertsch PO Box 1720 �r��, r� A ,t:;� -.�.�..;,, ,�>• Southold NY 116d,"g �3` �. r� 5 �3 �5 0 • MAILING ADDRESS: PLANNING BOARD MEMBERSo ` P.O. Box 1179 DONALD J.WILCENSKI O��QF UjyOl Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS co Q 54375 State Route 25 JAMES H.RICH III �� ,�p (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR I�COU'M . Southold, NY 1111 Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 10, 2012 Ms. Kimberly Quarty c/o Peconic Land Trust P.O. Box 1776 . Southampton, NY 11969 Re: Hearing Held Open: Proposed Site Plan for Peconic Land Trust Greenhouses Located at 3005 Youngs Ave, t1/4 mile s/o CR 48, Southold SCTM#1000-63-1-25.3, 25.4 Zoning District: R-80 Dear Ms. Quarty: A public hearing was held by the Southold Town Planning Board on Monday, July 9, 2012 regarding the above-referenced Site Plan. The public hearing was held open. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman Cummings, Brian A. From: Bmccaff@aol.com Sent: Monday,July 09, 2012 2:29 PM To: Cummings, Brian A. Subject: [SPAM] - Peconic Land Trust- Geenhouses charnewsFarm Dear Mr. Cummings: Please accept this a mail letter regarding your planned hearing tonight on the subject matter. The PLT is seeking approval for up to 2 small greenhouses at the property. As I see it, the buildings are 12 feet high and measure 14 x 24 feet. I think the proposed location to the south of the main barn is a good one and is in keeping with the longstanding historical nature of farming on the site. Seeing Charnews farm returned to productive use is heartening and in keeping with the rich agricultural heritage of our Town.The fact that the farm is preserved land is important. As a PLT Board Member, I am very happy with how the farm is returning to active use. Having the availability of greenhouses will only enhance the agricultural purpose of the property. I am mindful that visual issues may be present would suggest that the proposed location is a good one. Perhaps enhanced landscaping adjoining Founders Village could be considered. As I see the aplication, there should not be noise issues. The fact is, this is a working farm and I support this limited addition of greenhouses. Thank you for your consideration. Brian McCaffrey, P.E. Orient, N.Y. 11957 Board Member, Peconic Land Trust JUL -- I Cummings, Brian A. From: Claire Kennedy <clairekennedyl@optonline.net> Sent: Thursday, July 05, 2012 5:39 PM To: Cummings, Brian A. Cc: Denise Markut Subject: Agricultural Center Greenhouses; 3005 Youngs Avenue, Southold; SCTM#s: 1000-63-1-25.3 &25.4 Hello: I am writing this letter for you to submit for the record and be read aloud at the public hearing. I am a community gardener at 3005 Youngs Avenue, Southold and would like to voice my support for the proposed greenhouses at the Agricultural Center Greenhouses @ Charnews Farm. These greenhouses will provide members of the Town of Southold another resource for education and will only enhance the existing farm. In addition to the community having access to Charnews Farm, Southold School (and other groups) use these facilities for field trips to further our children's education. Farming is an essential part of the Town of Southold(and of all Suffolk County). Since Suffolk County is the states largest dollar producer of agricultural products and agriculture is one of the major industry groups in NY, it only makes sense to promote the industry through a community project such as these greenhouses. Our town will only benefit from garnering interest with the upcoming generations by exposure to the farming industry and it's many components. My five year old son frequents the community gardens with me and he loves it. He would be enthralled by growing his own plants from seedlings and planting them. I hope you rule favorably for these greenhouses. Thank you very much for your consideration. Claire Kennedy 900 Victoria Drive Southold t • • Did you know that Suffolk County is the state's largest dollar producer of agricultural products? And that agriculture is one of the major industry groups in the State of New York 2 Cummings, Brian A. From: hcusack@suffolk.lib.ny.us Sent: Friday,July 06, 2012 1:59 PM To: Cummings, Brian A. Subject: [POSSIBLE SPAM] - charnews farm greenhouse I am writing in support of the construction of 2 greenhouses at Charnews Farm, Youngs Ave, Southold. These will have low impact on the neighbors,be quiet and not have night noise or lighting; these will allow the community garden to be supported in a positive way, with a place to start plants in the springtime. I am a community gardener and a resident of the town of Southold. Heather Cusack 150 Mason Dr Cutchogue, NY 11935 g 2012 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as "rhe -A6 L + vl 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 Ju-(4 12- 1 z1 have sent notices by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across Av'�nm-C Mme- Your Name (print) Signature -2L7 a 12 �t d�� N`I I►q68 Address ,nate Notary Publi JUL - 6 2012 KIMBERLY OUARTI - --} MOtWy PUWic,State 01 New YO* No.O10LIt3249257 - convrAMOM 04*"OGWW 3. 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Restricted Delivery?(Extra Fee) ❑Yes t z. �Iaansfer fmmrservke4abe) 7010 3090 0000 7996 _5705 ❑Q z _ PS Form 3811,February 2004 Domestic Batu Pe6eI1i`- lozssSm-M-lsao S of V ■ Complete items 1 2,and 3.Also complete A. Signetu & ' Item 4 If Restricted De#my Is desired. 13 ^� ■ Prim your name and address on the reverse X ressee - �tb so that we can return the card to you. B. Received by/P a Yed Name) ❑[3Dataof meliv� ■ Attach this card to the back of the maiipiece, �-"C O _ r ❑ �. ❑ ❑ or on the front if space permits. _ 1. Article Addressed to: D. Is delivery address different form Mem 17 13 Yes r o y � If YES,enter delivery address below: ❑ No -b r � �' y � _ Q u 4 d en�erPr,scs Col (_LC c S O S pp� = �91-� A4 Pd 80)( G7 c p� . f� r e e-P 0(4-1"'J` 3. �Syervloe,yoe �, s 6991 I l 9 4 4 Registered McII PO Repress ecel -11? a ❑insured ed Return Receipt for Merchandlse C ❑Insured Mall ❑C.O.D. l w 4. Restricted Delivery!(Exna Fee) ❑Yes FP SL3 O la' _ �a= z. Number Rrerns I&W 70 tO 3090 0000 7996 5545 —' 3 F m 9 PS Form 3811,February 2004 Dofnestic Return Receipt 102595-02-M-1540' 0 ■ Complete items 1,2,and 3.Also complete a Nignature 13 Agent -g ttem 4 If Restricted D*my Is desired. X CQxmw CV- ■ Prim your name and address on the reverse ❑Addressee so that we can return the card to you. B. ai4rod by(Printed Nemo) C. Date of Delivery ? oo O m p ■ Attach this card to the back of the mailpiece, ❑❑f3 or on the from It space permlta. 46� At D. Is delivery address different from item 17 0 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No B mB Re4l s � g aP� Ali be C+ . ❑�❑ sops i�7 a S a. Mail ❑Express Mail o l4 ❑Insured M Return Receipt for Merchandise 1'� ❑insured Mall ❑C.O.D. q � � n I 4. ROW" Jlellvery4(Exna Fee) ❑Yes - -- ❑ S \ �❑ � -] z. Rmns�rService� 7010 3090 0000 7996 5736icle Number 9 "` ,,8 PS Form 3811,February 2004, Domestic Return Reaedllt 102595-02-M-1540 g P COMPLETE THIS SECTION ON DELIVERY 0on s ° ' . FA:rftcWAd*ft�wsdtm: It Fbdrk 1.Y,end 3.Aldo complete A t 0 AgentP O MRe.iiiinDeMtyN dedred.nthere r�wrte.ta alddleeson tr,e reverse ❑Addressee $ g We carr IebAn the Card to you. B. pwdM by( ) of Delivery We nand to the beat a the mailplece, ` z0*"ltepeoe perlts.ftm s D. Is d*my address ddfism. from Item l7 Yes l)0 H YES,enter delivery address below: 0 No f �• n hD� and Oeb/q A{v4 zzop of+ohold, ivy 119'1 1 3. 88MCOType 1pf Certified Mail 0 Express Mail 0 Regbte ed Cd Return Receipt for Merchandise > m o x hmtAbd May 0 C.O.D. _ ' W a N 4. Restrlgherl' ._. ) ❑Yes � $ 2. Article Number 7010 3090 0000 7996 5514 law Ii (transfer from service labeq 3 g I PS Form 3811,February 2004 Dol Return Receipt 102595-02-M-tsar SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY bo �? $ ■ Com Items 1,2.and 3.Also complete A• re . @ Item Complete Delivery Is desired. �7 "13 �� � 3 ■ Print your name and address on the reverse 0 Addresses ; so that we Can return the card to you. B. R by( ntsd Name) C. Date of Delivery @' n ■ Attach this card to the back a the mailpiece, y 12 1 or on the front N space perils. D. Is dlBerem from Yes 1. Article Addressed to: r ■ ■ ■ If YE emer delivery address low: ❑ No _ kf old S� or1e Znt. g (n J � ° ng � 8 So h usv o p .3 m 0 �� a ' po &Y 1488 Soto }hold( ^)y C, 0 1 Q ry a ,c,dticeetype + t/� s g N 1 1 1 p Certified Mell ❑Express Mall 0 Registered Return Receipt for Merchandise O C. g 3 0 Insured Mail 0 C.O.D. EFm 4. Restricted Aefrvwp(Ekha Fee) 0 Yes (� x w 2. Article Number- 7010 3 0 0000 7996 5712 (transfer from service laoeq PS For 3811,February 2004 Domes c Retum.fleoeipt azsssm-M-Isco E o i 1111 ■ Complete items 1,2,and 3.Also complete A Signature item 4 If Restricted Dellvery Is desired. X`' A 13 Agent ■ Print your name and address on the reverse UI/k.YA�1— 0 Addressee so that we can return the card to you. BR ved by(Printed Name) C. of Delivery n w o m x Y . ■ Attach this card to the beak a B.the mailpiece, 0 1314�° or on the front If space permits. ✓� Z1 I, 3 D. Is delivery address d iron item 17 Yes 88 1. Article Addressed to: m g ia If YES,eM tt� below: ❑ No Il)of+h ForK �(o�eSs;cal Re91�y �o°� cC: rl Po Box 794 ' 0140[fa 1 (9 / 1 3. Service � � b all Mail❑R�tered US m Receipt for Merchandise 0 Insured Mall 0 C.O.D. o 4. Restricted Delivery}(Exna Fee) 0 Yes O i O 0 d 0 2. Article Number - 9 o (rmnsfer from service label) 7010 3090 0000 7996 5729 $ n_ < PS Form 3811, February 2004 Domestic Return Rgcglpt 102595-02-101-tom 3E)VISOd sn rY 0, W) 0 E 0 �d3"ISVH L! I' W M 171 7- un Er 0 Er 171 >1 rz cu 0 _j C: > O 0 0 Z C3 0 — C3 LQ 3: 0 23 C: LO M CU ,I- = I_ 00 0 C3 U_ C3 DER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete,Rams 1,2,and S.Also complete A. S Is Rem 4 it Restricted Ddkwy Is desired. Print your name and address on the femmxe Addressee so that we can return the card to you. B.'Reoelmd by(Pdnt�edC. Date of Delivery I Attach this card to the bark of the mallplece, -D N), OLD N), or on the front If space permits. Ol — D. [a dellvery different from ft"I\�g I. Article Addressed to: If YES.eller very address bejow'.� ,i=ce No lK0n\QI-\e_Wd �: P D wip o(toI L I /A sou+kol�/"J 071 3'jr=Gwffl'w'peMall 13ExpreseMail 13 ftislered PIPIRsturn Receipt for MwdmncJlw U Intwired man 0 C.O.D. 4. Restricted Delivery?(19(ft Fee) ❑Yes 2. Article Number 70111 3090 00013 7996 5460 (rmsfer from wridw id* -------- PS Form 3811,February 2004 Domestic Return Receipt IM95-024AL150 '^iplete items 1,2,em 9.Also compete WW w 0 Ilam 4 dlr name M t�strlded DeOvwy b dashed. Pdrtyand aWr mIla reveres W tat M Caarebm to Card to You B.Rcalvea by(Frhded C.Dab d Dame J Aftch tds and to the bdkof Me mallpl�, 00 Nr v w the f wd R space PermMe. D.Mdd.ay daapRaam MaR v1 I,Prlkb/ddemed lo: n _�� -5ohn RDm4n�ll� � MSI' 0 1845 t4olkoALCL e. Suu+1101ce,'J 1071 S. t ❑E� ma ❑Ragm w Racep MMerahmMfee 0 Mwwd Mem C3".D. 4. Resekted Ddva Aft Rel ❑Yes:.'. z'Aitlde'N10"°� 7010 3090 OOOD 7996 5460 , i lr rbrdadi4a'do>'ueab �'... __�.� ' 0� .I Ps Form 3811.Feb wy 2oo4 Dammtk Retum Receipt W I P •Canpld Meme 1,Z and&Abo caplet, a sgaeaee Mem 4 M RasoFded Ddmy Is dashed. Alam ' ■PrNt Your name and addre w the reverse X E3 Mdessee w tat"can lelum the card to you. 6;R60*W:by( C.Dated ■Rtpdt thl,card to to back of to mdlpl c , D*a Mwtokplttsp3 pemlMS. 9 1.M Ad&easatlta. D. d¢ d.ft.vrt a�wpnya T DJUI1 c/ L wr. 13 No L Lynne 4 $cD+4 (SCld�in AL 170 0 14W 1 o, lane: 1/sP5 SoulholdfNy 11971 aK cw:a Mam 13 EMM 011eGbw P:Pakn Rwipt tar MardwMm . 13 Mmaed A 0 CAD. d. Reeakpd Demwt�4E Fe'b ❑lea 2.Ntlda Number __. R,„y�pae�yp„p ' 7010 3090 0000 7996 5477 ... .. PS Form 3811.Febm y 2oo4 DmaiNc Rewm.R9g1JDf" lozuaaz. rsa6'. . cprnpaa itane,,z,. Iso aam13ate A3I� a 1 ■ Cornplae Rana 1.2.a1d 3.Also complete rl. ❑Agent kern 4 H RaSOtCletl Del a daelhad. J ❑Agent Rem 4 R Restricted DeiFerY ls dashed. ❑ ddhea+ae ■ Prim you name and address on the reverse 13 Address ■ Pdm your name and addre%s on the reverse so that vre can return me card to you. e. a by( Neme) C.Dae of wim so that vre can return the card to you. Name) C i` ■Attach this card to the back of the mallpleca, •l�CQ ■Attach this card to the beak of the mailpiece, or on the front t space permits. or on the from H apace permits. aerRh«n Hanlx ❑ D. Hem 1x ❑Yes1.Article Addressed to: RYES,seer cleHvey address b .. ❑No 1.MCI.Mdced to: addrese heave ❑No Flubc,�10 PAC Sscl ree l anco Servat Rd, 17 C. Utl-, SF. }C ��V aftpe IM4. ell ❑Fophrm Mall IveW '1�1; 3. Servkow ( N`-f 1Uia" EPA resoMetl OFusesoa me l rh i l tf nJ i l`I 4 7 arra Ra aMfor MahctaMbe 0 Raps am A Rearm Rene P m Mamnemai i Cl C.O.D. ❑Insured Mall O C.O.D. 4.Resakad Odiveyf IFxa•Fw) ❑Vas Restricted!DeFaey7lE+m Feel ❑Yee 2.AmOa Number 7010 3090 0000 7996 5507 z. Adlde Namber 7010 3090 aoaa 7996-5705 pramsra-a«m eerww ao.n (rrarsVah«n aervk'e aba7 loess* +.f-'w PS Foran 3811,February 2004 Donmtc Return Receipt tozsnoz++v PS Form 3811,February 2004 Dameslk Return Receipt __ ine a 777 ta items 1,2,and 9.Also Wmplate • Complete Rens 1,2.and 3.Also mnpk to A Rem 4 t Restricted Delivery Is desire!. Slan� ❑Agan Restricted D*-Y Is deshred. X '" �' ❑p pd�tlressae • Print your name and address on the wehse x ur name and address on the reverse 90 drat"cin retum the cant m you. e.Received by(PdgW Name) C. ofWI. vre can return the cad 0 You. B. by(PHmed Nana) C.Date mDelivery 0 Attach this cad to the back of me mallpleee.this card to the back of a malplece, or on the tram t space permits.o front t space permits. D.bdNNery addmasdllleheraaxn lantl Ves to: D.bdAeryedhasa dMererh[a«n Han lx ❑Yer ddrassedto: HYFS,erhardeavaY rhtldren hasty ❑No ❑No n}erPr.seS DLlCa Re9l+� �` C PO Box 67LS,IbeAl' Ct . 6reerlP0 -r3.Senlce,YpsrY 9ckh^1, i17�1 WCafm.eM.n ❑ ]p as Mm ❑Repbaed Reb.nRaaep r«Meati E3 RapbWetl �Rebsn flaCelpt far MemHandise ❑nesm Fal ❑C.O.D. ❑Mesad Mei ❑CA.D. 4.ResblcloOnaflverylls Fee! ❑Yes 6. RealHded DeAvey!IFsa'a Fad ❑yq 2.Ardoh Nlsaber 2.Aroda Hunater 7010 3090 0000 7996 5736 (ire iromddt taw 7010 3090 0000 7996 5545 ?"�«4«11 .'&e aw tozssso+.f-tsar PS Form 3811.February 2004 Damatlo Raven R@oW reesesos+.h-15 PS Form 3811,February 2004 oomeeta Flamm Reser Is items 1.2.and 3.Also complete A.Slanstss • • • ■CoAPlele Xerrhs 1.2.and 3.Also mnlpbta Co11hWera Af",�A�"" ❑Agan Rem 4 H Reshlcad Ddhwy ls dashed. Mi ❑AaV ■ Pdm Your GVMY I dashed arse X S'jV/ / d& 13 Pee`w'ee � a Prim you name and address on the reverse Rx6aan. I ao that vre can return the Card to You. B.fleceNed by(P also!Nemo) 0.We of Dative so tat"can return the card to You. B.Reoaved by fPHmrad Name) c.oma a DNivarY ; ■toAttach this and to the beat of t19 mailplece, ■Attach this card to the back of the 111111131500. 5-VA.'/,r I or on the trot H space permits. or on the front R spaOe parmns. o.adei+armd.edmhanrhamlam tx ❑Vee D.bdawayme®ataanrham menta ❑Yes 1. ArHde Adbaaeed\o: HYEB,amadelaaddassbebw: ONO 11.Mica Addreaetl m: HVfS.ema delivery ad3ass bNovr ONO L. 111 . i4f/ owckld6. �IShe ! �,d 15Are n Susan tom• KrweSKh 306r wells Rd . Pp Sue 39 9.$erykelspe 3.SerNca Type Ptr_o.�;Ct �y 1195 pW,s,oM ❑izprasNiat So�4�holdfN�/ r/ 9Gatned" ❑FsameMan ❑fayamrad 19 Ramo fteWipt far Mamhard. / 119 7 (1 OReghteei 19 Ream reCapt for MemM1VMN ❑hawed Mal ❑C.OD. E3 Inehsad Mai ❑C.O.D. 4. Resbkad DeHr«yl:(ECSa Feel 13 Yea 4. ❑Yes 2.McIa NUmmr 2. Mote Nwnb« (rransNrna,n aavke MSM 7010 3090 0000 7996 5484 7010 3090 0000 7996 5491 PS Form 3811.February 2004 Domestic Remm Receipt hasasmattsa PS Foran 3811,February2 D«reetc Ramn Receipt ta2595O w I! IN Cornplate Hems 1,2.end 3.Also Complete A Sara ■Compleb Rams 1,2,en o pxnPloe a un '� Hem 4 H Restricted telnry Is desired. X ❑A9aa Rem 4 M Reorieted DBpvaY des6ed. �j,� ❑Pgent ■ Prim your name an address on the reverse 0 Addressee ■ Prim your name and address on the reverse k�cC IvA2�--L1.6edressec m Mat we can return the Card b you. B.RmHad by(Rfnb Nano) C.Deb d Dei ' ao that we can return the card to you. B.Recel by(Pdned ) C.Dab or Darry ■Attach this card to the back of the meilpece, ■Attach this card to the back of the meilpiece, or on the fmm He parmils. apace pertnils. or on the from H spac D.bdaleryeddrasa 17 13 Yea D.up a 'sees hen - Yes 1.ANcle Atldrassed to: tt 1 RYES,eller erMreas ❑No t. Adkb ALdressed to: HYE3enterdN Ott 5044 koW s reser below: ❑ .. Fow dPlSVill4�e ° Prest'Aeni- JN 272012 Cheiyle 1� mvq T' ✓ c7SSY owlj Ave. Po IQox IYY' S OL(4fAb ld lnJl 7l 3.tervkeTyp SJ4+h Cl C� fdAga N� 3.Service Type . I(� 13 ct 19 Renin Recelq fm MenDtOM a Ili' 71 d Ceod.Map ❑Eaturn em ❑RsummiM 1$Return Receipt fp MemheMlse O Imued MYI ❑C.OA. ❑Maned Meg ❑C.O.D. 4-Raetiicted D*WP Oft" ❑Yes 4. Rastrbted Wner/11Esda Fee) ❑Yes z Arpde Number 7010 3090 0000 7996 5637 2.A 1.Nu"bw- (Fiansyers ,enloobbe9 (rmasfomaervkaete0 7010 3090 0000 7996 5538 PS Form 3811,February 2004 Domestic Return Receipt tm59ace.M.tse PS Fcmn 3811,February2004 Domestic Retum Receipt lQVMS-42"M-1a ■ Complete Hems 1.2,end 3.Also cafnplets A swutu e 1 13 Agm ■ Complete kertu 1,2.and 3.Abo completeRem VR ■ Prim4If yourname�address ort Me reverse x�' WtY.4�- ❑sedressee : p�t�rbents andad�ori��,� lr.. ❑�so that we cert raden the card to you. B. by(RMted Nmre) C. d DelNery soMat we can return the tend t0 ❑Adbnsk■ Attach this card to the back of the mallpleoe, ■Attach this Card to the bade of the mall lace, st .. C.Dor on the from H space permits. 2� or on the front R spec¢pamlRsp >t.ANcle Addressed to: D.lsdepvayeddav fvnRam t4 taom❑No t.Article Addressed[c: rvsa ❑No hJef+h FaiKPropmo,al ReslaY ° S4hold S4one Snl. Po & x 794 / A2'2012 Po Rea IvB� Sautholdt N'J' (1991l/ 3.Be^'ke SU4 thb(dl`vJ [CifoettS-A- pa i i 9 7l ad Map ❑id Mali❑ 5 Ramp o Madad a❑band Mel ❑D.D.D. ❑Repbteed❑hawed Map ❑CAD. ❑Yea Rastri d Dilkvyl P*m Feel E3 ye, z. (oan umbx 7010 309❑ 0000 7996 5729 2'°AMdpNOnb , (r.da-aamawM�<beep (fms/erepmaeMcehla4 7010 3090 0000 7996 5712 PS Foan 3811,Febnery 2004 Dome&k Resor R e4A toxesoz.Mty PS Fpm 3811,February 20114 Domestic Return Becalm tozM5p24Mtn p ■ Complete kerns 1,2,tad 3.Also opnplete A sglatira kern 4 H ReshkrMd DdhWy Is deshed. X ❑Apes ■CnMlate Items 1.2,and 3.Also complete A Sgnaoae o Prim your name and address on the reverse jltd( ❑Addiassee Rem 4 R ReshkRed Delivery Is dashed n so MX ❑Agaet we ten radon the and to you. B.RecMvea by( 242v) d your name and address on the reverse 13Addasu ■Attach this card to the back of the mallplece, so that we can realm the card to you. e. by(PrMed C.Daze d De ha or on the from If space pwift ■Attach this cod to the back of the msilpieoe, D.bdeewyatldmsdRaxbfmmibm l4 ❑Yes or on the from H space pannus. 1.Articb AGdesaed ro: HYE3,erne delvol'edOasa below: ❑No D.bdeF.ey etldm ARoad dankemt4 ❑Yea 1. Artlde AAdreseed b: RYES enlerdMvny ea®en below. ❑No inn+hu�� Wld Ocb/9 Rbi�zz� �,mm4nuelS fC1utlC.�d S�dda-'-e i SOo Rv+u l Lane y4 �:u0 CP,48 Sou tholdt N4 119-71 3.Sa4ce Type SptAthol�inly 11 11971 a.swtceTyp. J C�Carwad Map ❑Elpnwa Map 0 Reabferea W Reda Receipt for Madadbe QI CeMINd Mtll ❑Firma Mei ❑baoed Mall ❑.C.O.D. cebptw Mee w ❑Irauad Mall ❑C.O.D. 4. neabbtedge5k g72>3�d {eat ❑Yes 4. Raatrbbd Delaayf pft fee) 13 yes z. Article Numier 7010 3090 0000 7996 5514 2.Mole Number onnaMaoat.a�ekaell 7010 3090 0000 7996 5699 PS Fortn 3811,February 2004 DomeaUc Return Receipt t------astsar. ' PS Form 3811,February 21104 Domestic neem Receipt tozsasaz"Mu ERTIFIED MAIL. RECEIPT CERTIFIED MAIL RECEIPT .Domestic Mail Only:No Insurance Coverage Provided) (Domestic Mail Only:No Insurance Coverage Provided) Por tlelivery mtormanot,visit our website at www.uspacom For ddlvery inlormabon visit our wob"le at www-uspzcom MMUM 11,01 PS Form 3nCr `.L C. S R PS FOrm 3800.AuguS'>OOF ,eH - nslnrctrov� U.S. Postal Service U.S.Postal Service CERTIFIED MAIL RECEIPT CERTIFIED MAIL- RECEIPT (Domestic Mail Only;No Insurance Coverage Pro video) _ (Oomesfic Mail Only:No Insurance Coverage Provided) For tlelivery Information visit our website at....1p, 0n1 For tlelivery inlormalion visit aur website at www.usps.com.. s � a . F i Y PS Form 387,A . d�0o H PS Pon.CO I'll I'll c I .uuCaons U.S. Postal Service- U.S. Postal Service CERTIFIED MAIL RECEIPT CERTIFIED MAIL RECEIPT (Domestic Mail Only:No Insurance Coverage Provided) (Domestic!.fail Only:No e,suranre Ce ver age Provided) For tlelivery Inlormalion visit aur website at www.no,,to. For delivery information ebsite at www,usps.cnm Elm L PS Form ism A Sle 1-111 I.:Ir—-r,,c"s Ps Foil a.Fls ugust 30Cfi Soa Hercrso ray Inslrueoons CERTIFIEF 'AIL RECEIPT U.S.Postal Service (Domestic Mail O. to Insurance Coverage Provided) CERT '.D MAIL- RECEIPT (Domestic meal Only:No Insurance Coverage Provided) For tleliveformation visit ry inour website at wwwusp,,com f For tlery information msil our website at at www.usps.com a . �� I r �• 1 aw P5 Isr,oeoa.nuqurn moa Fs ro��n aaoo auvus�rn. u.eu:-. U.S. Postal Service - U.S.Postal Service - CERTIFIED MAIL- RECEIPT CERTIFIED MAIL RECEIPT (Domestic Mail Only:No Insurance Coverage Provided) (Domestic Mail Only:No Insurance Coverage Provided) For delivery information visit our website at www.usps.com. For tlelivery information visit our website at www.Fir,i,om • WIM 0 ^..h._ •`•, �.. `` r , rr U.Ito KAV FZ e F r39n.1.1u.J.' Stc nsl,. p - U.S. Postal Service-- U.S. Postal Service CERTIFIED MAIL RECEIPT CERTIFIED MAIL- RECEIPT (Domestic Mail Only:No Insurance Coverage Provided) (Domestic Mail Only;No Insurance Coverage Provided) For tlelivery information visit our website at www m -usps ca For d0nany'mformatim visit our website al wwrvr.usps.com- • i �r \ as Form aeoo noguet 1na5 Its For Ir 3FCO.a ug u 5 t a 005 orsqo. so cro, CERTIFIE[ 'AIL RECEIPT U.S. Postal Service CERTI D MAIL, RECEIPT (Domestic Mail O. !n Inswance Coverage Provided) (Domestic r.__.Only;No Insurance Coverage Provided) For tlelivery lnfor m.Ypn mmt our websne at www.usps.com. For delivery lnlormation visit our aebsite at www us om. ps.c t I l vs ro,n�aeoo A rubs U.S. Postal Service U.S. Postal Service.- CERTIFIED MAIL RECEIPT CERTIFIED MAIL- RECEIPT (Domestic Afad Only;No Insurance Coverage Provided) (Domestic Mail Only;No Insurance Coverage Provided) For Delivery information nsit our webste at ,,,v, SpscowFor tlelivery Information visit our website at www usps.com , 9_... _Y����1��,111iJJl♦♦I l w Ps F1,,oem.A� a:or se<aev, vs Fe 3 n A��qusl$OOfi U.S. Postal Service- U.S.Postal Service-- CERTIFIED MAIL RECEIPT CERTIFIED MAIL- RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.uspocom. Fortlelivery inbrmalion vlsll our websne atwww.usps.com i •• r � C . 1S Form]6'JG Aun„,I]]Cc, See ilea VS Foran]6'.:a Auyiirc11'JO[ _ '�` 017H15543593 W 2 SoImC0 Road IP B N7D TRI IIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIII M . °55572°12 0 Ip dW From 11958 ] 7010 3090 1IDDU 7996 5743 Francis Conway 1845 Horton Lane Southold,Nv 11074 Nixi£ iii vE i Gv 65/28/12 RETURN TO.SENDEft NOTDE' ZVERABLE AS ADDRESSED ' UNABLE . TO FOA.W1ERD " BCL 12.95317767E '0702-01295-25-41 it. Ws¢L7 �^14 h d6 d16L d1 6L IIL d1 116d d ILJL d _ me ■Complete bm 1,2.and 9.Also CMVIQW n Spnawn °�'eB1a Item 4 N Pmbi ded D*My b dedmd. ■ Pdd yow name and addnisa on die nrveaa X °Aednaee I so Slat"Can return the cad to YOU. B.Rwdb by(PhrtedNAW C.D &C.Wv 1 ■Attach ft cad to the back of ft mailpiece, I or on the hod It apace pemnb. D.bdeNeyadheaditW imm 17 Ova 11.ANde AtlBraed b: M1IeS antvtleauery addiaa 4alovr. ONo I I � (dt1Ci S COnW4�`' li `' gyS NN4cti\C4r�C I ,.: oukh0lat Ny a s.wcalSva 11971 Ia""a ma °E�esa lase °ibpbtaedI�Pe Rwelpti mmhmxla 13 a mea con. 4.R%w-ad wmw Pan,w 13 Y. 12 Adble Number tnaare,-nam.arykawbep �'?010 3090 ❑000 7996 5743 1 PST 3811.FeGuary 2 tbmalk Rewm Remits tm5csozaM�sw'I June 12, 2012 Southold Planning Board Southold,NY 11971 Dear Sir/Madam: Peconic Land Trust(PLT)proposed building 2 greenhouses adjacent to 10 residences of Founders Village (FVHA). I would greatly appreciate it if you would take into consideration the rejection of this location for the following reasons: Mr. Searl of PLT stated that there is a distance of 85 feet between the PLT barn and FVHA boundary line. Each greenhouse will be 24 x 16 ft. PLT submitted 2 plans for the location of the greenhouses. One site plan locates the starting point as"35 ft from FVHA boundary line;" the second sketch shows the starting point at"45 ft from the PLT barn". Please have PLT clarify this discrepancy;taken together the 2 plans allow 5 ft to build a 24 ft structure. The greenhouses will have generators running 24/7—365 —to provide lights, etc. I assume they will be powered by gasoline. Imagine the noise and noxious fumes that will blow 24/7—365— toward the 10 homes bordering this location. An organic farm will presumably use organic fertilizer; imagine the odors of fertilizer mixed with gas fumes. Lights from the greenhouses will not be completely obscured by the boundary line trees. There are bedrooms of our Senior residents located adjacent to this area. Every PLT Representative states they"want to be Good Neighbors"but one example of such neighborliness is the story of a 92 year old resident who opened her drapes one morning and found herself looking not at the PLT bam as she has for almost 30 years,but a green PortaPotty placed in a direct line with her patio. The PortaPotty is also visible from our mail box location. In these difficult economic times, anything that endangers the peace,tranquility and desirability of living in FVHA will be detrimental to the property values when the time comes to sell the homes placed in jeopardy by the PLT greenhouses' location. Units unable to be sold will negatively impact FVHA and ultimately our town. Every year FVHA's 92 families pay between $2,000 and $3,000 in taxes (total $200,000 to $300,000 plus an Association Tax). FVHA uses very few Town resources —e.g. schools, highway services, etc. There is another much more suitable location in Agricultural Structures A_rea,42 on Horton Lane which is greater than 35 ft from any nearby residence. ` Thank you for your consideration of my request. 13 TI dUN `i L` Carol Bertsch Founders Village, Unit I CC: Department of Land Preservation #10755 STATE OF NEW YORK) A CG _ ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 28th day of June, 2012. l Principal Clerk Sworn to before me this day of 2012. LEGAL '— CHRISTINA Notice of Publicblit Hearing NOTICE IS HEREBY GIVEN that, CHRI$T1NA VOLIN$KI pursuant to Section 276 of the Town Law and Article XXVof the Code of the Town NOTARY PUBLIC-STATE OF NEW YORK of Southold,a public hearing will be held No. 01V06106060 by the Southold Town Planning Board, at the Town Hall,Main Road,Southold, Qualified In Suffolk County New York on the 9th day of July,2012 on My commission Expires February 28, 2016 the question of the following: 6:00 p.m.Proposed Standard Subdivi- sion for David Verity located at 865 Na- komis Road,on the nldo the intersection of Nakomis Road & Hiawatha's Path, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-78-3-26 6:02 p.m.Proposed Site Plan for Pe- conic Land Trust Greenhouses located at 3005 Youngs Avenue,±114 mile On Mid- dle Road,Southold,Town of Southold, County of Suffolk,State of New York. Suffolk County Tax Map Number 1000- 63-1-25.3,25.4 6:04 p.m. Proposed Site Plan for T- Mobile NE at LIPA located at 69685 NYS Route 25,±500'w/o Chapel Lane, Greenport,Town of Southold, County of Suffolk,State of New York. Suffolk County Tax Map Number 1000-45-1- 14.1 Dated:6/6/12 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J.Wilcenski Chairman 10,755-IT 6128 • MAILING ADDRESS: PLANNING BOARD MEMBERS OF soP.O.Box 1179 DONALD J.WILCENSKI O�� yQ� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS "' Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JAMES H.RICH III :%Q ,�a�� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR li�'COU �`(,� Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 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 9th day of July, 2012 on the question of the following: 6:00 p.m. Proposed Standard Subdivision for David Verity located at 865 Nakomis Road, on the n/c/o the intersection of Nakomis Road & Hiawatha's Path, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-78-3-26 6:02 p.m. Proposed Site Plan for Peconic Land Trust Greenhouses located at 3005 Youngs Avenue, ±1/4 mile s/o Middle Road, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-63-1-25.3, 25.4 6:04 p.m. Proposed Site Plan for T-Mobile NE at LIPA located at 69685 NYS Route 25, ±500' w/o Chapel Lane, Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-45-1-14.1 Dated: 6/6/12 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J. Wilcenski Chairman PLEASE PRINT ONCE ON THURSDAY, JUNE 28, 2012 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Page 1 of 1 Kalin, Carol From: Candice Schott[cschott@timesreview.com] Sent: Thursday, June 07, 2012 10:13 AM To: Kalin, Carol Subject: RE: Legal Ad for 6/28/12 Suffolk Times HI Carol, I have received the notice and we are good to go for the 6/28 issue. Thanks and have a great day! Candice From: Kalin, Carol [mailto:Carol.Kalin@town.southold.ny.usj Sent: Thursday, June 07, 2012 9:57 AM To: tr-legals Subject: Legal Ad for 6/28/12 Suffolk Times Please print the attached legal ad for the July 9, 2012 Planning Board Public Hearings regarding the Verity Standard Subdivision, Peconic Land Trust Greenhouses Site Plan & the T-Mobile at LIPA Site Plan in the June 28, 2012 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 ('arol.Kalin(a)town.southold.n 6/7/2012 • • MAILING ADDRESS: PLANNING BOARD MEMBERS QF so P.O. Box 1179 DONALD J.WILCENSKI �� y� Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR l''COU ml Southold, NY X11, Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 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 9th day of July, 2012 on the question of the following: 6:00 p.m. Proposed Standard Subdivision for David Verity located at 865 Nakomis Road, on the n/c/o the intersection of Nakomis Road & Hiawatha's Path, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-78-3-26 6:02 p.m. Proposed Site Plan for Peconic Land Trust Greenhouses located at 3005 Youngs Avenue, t1/4 mile s/o Middle Road, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-63-1-25.3, 25.4 6:04 p.m. Proposed Site Plan for T-Mobile NE at LIPA located at 69685 NYS Route 25, ±500' w/o Chapel Lane, Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 100045-1-14.1 Dated: 6/6/12 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J. Wilcenski Chairman 0 0 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 7th day of June, 2012 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 7/9/12 Regular Meeting: 6:00 p.m. Public Hearing for the proposed Standard Subdivision for David Verity, SCTM#1000-78-3-26 6:02 p.m. Public Hearing for the proposed Site Plan for Peconic Land Trust Greenhouses, SCTM#1000-63-1-25.3, 25.4 6:04 p.m. Public Hearing for the proposed Site Plan for T-Mobile NE at LIPA, SCTM#1000-45-1-14.1 �.rra�-lam Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this d y of 2012. Z-a:� iP 4 Notary Public NOrAR P.RAO 0tiPA State of New York mosso • MAILING ADDRESS: PLANNING BOARD MEMBERS ` OF o P.O. Box 1179 DONALD J.WILCENSKI OV�� UlGOSouthold, NY 11971 Ile o y OFFICE LOCATION: WILLIAM J.CREMERS Cn T Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JAMES H.RICH III ,�p�� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR l��'vU rtV ��f.�- Southold, NY f11' Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 5, 2012 Ms. Kimberly Quarty c/o Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton, NY 11969 Re: Site Plan for Peconic Land Trust Agricultural Center Greenhouses SCTM#1000-63:1-25.3 Dear Ms. Quarty: I am writing as a follow-up to the Work Session held on June 4, 2012, where the Planning Board formally accepted the above-referenced site plan for review. The Planning Board, its Staff, Town departments and relevant agencies will provide additional comments following full review. If you have any questions regarding this site plan or its process, please do not hesitate to call this office. Very truly yours, Brian A. Cummings Planner 0 • MAILING ADDRESS: PLANNING BOARD MEMBERS rg sour P.O.Box 1179 DONALD J.WILCENSKI O�� y0 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS A • O 54375 State Route 25 JAMES H.RICH III MARTIN H.SIDOR l (cor.Main Rd. &Youngs Ave.) Comm Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 5, 2012 Ms. Kimberly Quarty c/o Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Set Hearing: Proposed Site Plan for Peconic Land Trust Greenhouses Located at 3005 Youngs Ave, t1/4 mile s/o CR 48, Southold SCTM#1000-63-1-25.3, 25.4 Zoning District: R-80 Dear Ms. Quarty: The Southold Town Planning Board, at a meeting held on Monday, June 4, 2012, adopted the following resolution: WHEREAS, on May 15, 2012, the agent, Kimberly Quarty, submitted an application for a site plan on behalf of the applicant; and WHEREAS, this proposed site plan is for two 16' x 24' (384 s.f.) greenhouses for agricultural use on a 21 acre (TDR) parcel in the R-80 Zoning District on Youngs Avenue, Southold; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, July 9, 2012 at 6:02 p.m. for a public hearing regarding the site plan, dated May 14, 2012, prepared by Dawn Liubenov. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification forms are 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 Postina alone with the certified mailing receipts AND the sinned areen return receipt cards before 12:00 noon on Friday. July 6th. The sign and the post need to be returned to the Plannina Board Office after the publicOffice after the hearing. Peconic Land Trust Page Two June 5, 2012 If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, � DODO Donald J. Wilcenski Chairman Encls. Southold Town Planning Board Notice to Adiacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a Site Plan; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-63-1-25.3, 25.4; 3. That the property which is the subject of this application is located in the R-80 Zoning District; 4. That the application is for two 16' x 24' (384 s.f.) greenhouses for agricultural use on a 21 acre (TDR) parcel. The property is located at 3005 Youngs Avenue, t1/4 mile south of Middle Road, Southold; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. The office will be closed on Wednesday, July 4, 2012. Information can also be obtained via the internet by sending an e-mail message to: Carol.Kalin@town.southold.ny.us; 6. That a public hearing will be held on the matter by the Planning Board on Monday, July 9, 2012 at 6:02 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Peconic Land Trust, Inc. Date: 6/5/12 0 0 AGRICULTURAL DATA STATEMENT TOWN OF SOUTHOLD When to use this form: This form must be completed by the applicant for any special use permit, site plan approval, use variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring this form must be referred to the Suffolk County Planning Commission in accordance with Sections 239-m and 239-n of the General Municipal Law. Applicant Name: Address: Land Owner(if other than applicant): Land Owner Address: Description of Proposed Project: Property Location (road and tax map#): Is the parcel within an agricultural district? Yes_ No If Yes, Ag District#: Is this parcel actively farmed? Yes No Names & addresses of any landowners within the agricultural district containing active farm operations located 500 feet of the boundary of the proposed project: (Information may be available through the Town Assessor or from 1. 2. 3. 4. 5. 6. (Please use reverse side of page if more than six property owners are identified.) Attach a tax map or other map showing the site of the property where the project is proposed relative to the location of farm operations identified above (available online from ) Applicant Signature Date AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 7/6/12 Re: Proposed Site Plan for Peconic Land Trust Greenhouses SCTM#s: 1000-63-1-25.3 Date of Hearing: Monday, July 9. 2012. 6:02 p.m. Town of Southold PC/Codebook for Windows §55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-20031 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 from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested,posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property,nature of relief or approval involved, and date, time and place of hearing. 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M1 w u]]J20] 3.1A(q . 3., g y\ o-0 23 A 2d 25 T6 ro no wo 5yP1 '' 08301@3 w w m (IOwNKsdnrvaio "2 MATCH -� - '� uAE2vavEm Hrcins) LINE p `N MATCH - --UNE ]]xR SEE SEC.N0.063 YS soa 5P� 5 """�"N"' I" """ a1°""" -"' �"O1^ --"-- NOTICE COUNTY OF SUFFOLK © K NO TO.HH Or SO01NOL0 SECTION NO G ....e.-w... a _. .N.. p N.e..N�. o.e� -�- (2 ) r s -- -- -- -- vNr9FwxcE.NTCR/nw2 Rusty E Real Property Tax Service Agency r N o �,� -- u Eb • --W-- --2-- Ems°: �" �HHM.0 .,N�..a.N.,,a M u EEF 55 N ww m m m m A uw 121N11a 131A '""� Atimuu. r �ryL.n -nw nvnl¢ waRFncN WnRMR WlIT1FNPERM69]X Of iIE P ® DSTRICTNO O ..r.. ___. . n Rv2 moPmrvTuacmlcENasxcr m aee PELOIC LAND TRUST 63.-l-25.3 1. 63.-1-26 11. 63,1-19 2. 61-1-27 12. 61-1-20 3. 63.-1-36 13. 63.-1-21 4. 63.4-35 14. 63.4-22 5. 63.-1-12.3 15. 63.-1-23 6. 63.-1-13.2 16. 61-1-24 7. 63.4-13.1 17. 55.-5-17 8. 63.-1-2 18. 55.-5-3.1 9. 63.-1-1.5 19. 55.-5-2.3 10. 63.-1-15 20. 55.-5-2.4 Efmr A` Et t Wk os I I g RD, I f' I I m 3 2 2 G v v P f N III I 'm 11I I � v SII I m III p i9�! � 3 � � t$ Yo ➢ %" Sm g"s Iot i � x 'SAN S �' i zaiiwe i i d p� mj �rx m � N � ➢s y " :g "oRn, LBYI t • m no. g �1'� yN e e Q o➢ Em CR.P> s p iffi if° Em E~ i 'i� T a f f yIl ➢ ➢ V tl ;i 3 d i t i H N 2 y Mc'rpm) x. a Atl y ire ♦ d� fw, m feHm G 1 ,` Sm i U� e q V V� f 9 '1N� N 9 ➢1 m •L ➢ O 1 a _a f R I iy e - ➢ s G - 'r ib """"-- z �_ 0 i tl '.S b by ,� 1 3 K.� 'o $ ➢ 1 nrtrin Ro, B` � fd s n Z lit it N $ N ➢ ➢ N " tl ' y} a \ �w r dr •'G a '� \N .. to 3 YS' --- ➢ H � �'� o a, �' � '� a £N � U, ➢ I t C ° � N+ A a ➢ s T 4i o '1 tl. i �7 T p r. � S� 'd♦' Q obi 2 � '"3 u y ®v� � a 4v ♦� ' H a ➢ �" as m H 3 ➢ e .tA all ➢ m H i$ m \ `� 'd V l 1 q � N q� eee eec.uo.eee b tll 9 1 �sT O Z H�mr � tl � p4e SMSM N0.M LME N- _ �ya _ la i u a 3 a 3R gH c \ aI s • n d 's \ MAIN 1 a � � 3 v c 0 ,f � e a•O P �+ � 4 Lbw Hu ' .� \ FF � "oo � H 1111 ml 10 I� e ° \ ? w lz � I �I 7. � p� T ''tet� �" � \../w j C ,• I < 3 <mx I 5> a y °y 3 PECONIC LAND TRUST, INC . - -SITE PLAN FOR PECONIC LAND TRUST GREENHOUSES 1000 = 63 = 1 -25 . 3 , 25A This site plan is for two 16' x 24' (384 s.f.) greenhouses for agricultural use on 021 acre (TDR) parcel in the R-80 Zoning District. MONDAY - JULY 912012 - 6 : 02 P . M . 0 0 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, June 4, 2012 4:00 p.m. Southold Town Meeting Hall 4:00 p.m. Applications 5:30 p.m. Review Public Meeting Agenda _ _ -- Project Name i Colony Pond $CTM# 1 1000 52-5 60 3 -- -- — Location: on the s/s/o Colony Road approximately 470' e/o Bayview Avenue, in Southold Description: This proposal is for a standard subdivision to subdivide a 13.540-acre parcel into five lots where Lot 1 = 0.8 ac., Lot 2 = 7.7 ac., including a 1 ac. building envelope and 6.8 acres of preserved Open Space, and Lots 3, 4, & 5 = 0,7 ac. in the R-80 Zoning District ......................tJ Conditional Sketch Approval Action. ; Review revised plat & comments.from Office of Town Engineer. Attachments ; Staff Report, Engineers Comments ------_1 j Project Name: j Peconic Land Trust, Inc 1 SCTM#: 1 1000-63-1-25.3 ! Greenhouses - _ _... --- ----- .......- i... _ Location 1I30_05_Youngs Avenue, Southold _ _ Description: I This proposed site plan is for two 16' x 24' (384s.f.) greenhouses for agricultural use on a 2.3 acre parcel in the R-80 Zoning District. Status: New Application C Action_ I Review for completeness -- - Attachments ! Staff Report _____ _ -- ----------------------- _.-. --- --... --- rProject name t Tidy Car (William Penny _ ' SCTM#: 1 1000-55-5-2.2 Location ; 3585 Youngs Avenue on the s/w/c/o CR 48 and Younis Ave., Southold ] Description: ( This amended site plan is for the applicant to conduct motor vehicle and accessory sales on a previously developed 1.49-acre parcel located in j the General Business Zoning District. t. .--- -- -- .. _._..... Status: }Pendin _-_j Action: Status Up-date; review material submitted { -- - - -- -- ----- Attachments Staff Report Project name: 1 Koehler Family Limited SCTM#: 11000-115-10-1 -- Partnership j .... i Location 4180 New Suffolk Avenue Mattituck I Description This proposal is to subdivide a parcel into eight lots - -- Status: New Application - -. -------------- - -- - ...... ..... [Action_ Discuss cluster setbacks. Attachments: Staff Report For Discussion: ❖ Pre-submission Review: Miller Standard Subdivision, SCTM#1000-83-3-4.6 ❖ Guest House Legislation PE* ONIC LAND T (DUST a May 14, 2012 Town of Southold Planning Board Town Hall Southold, New York 11971 MAY 1 5 2012 RE: Site Plan Application to install (2) greenhouses 3005 Youngs Avenue, Southold, NY - SCTM#: 1000-63-1-25.3 Dear Sir/Madam: Enclosed please find the following in connection with the Site Plan application for two (2) greenhouses at the above-captioned location: • Complete Site Plan application; • Our Check#25809 in the amount of$500 payable to the Town of Southold; • Notice of Disapproval from the Building Department; • Applicant's Affidavit; • LWRP Consistency Assessment Form; • Short Form EAF; • Proof of Lot Recognition (Grant of Development Rights Easement, dated June 6, 2008; • Four (4) copies of survey entitled 'Survey of Property at Southold, Town of Southold, Suffolk County, N.Y.', prepared by Peconic Surveyors, P.C. and dated March 20, 2008, with latest revision dated June 6, 2008; • Nine (9) copies of Site Development Plan entitled 'Proposed Site Plan', prepared by Dawn Liubenov and dated May 14, 2012; and • Grading and Drainage Plan. Should you have any questions or require any additional information, please feel free to contact me. Ver truly yours, IPA�. gal Kimberly Qu y Project Man er Enclosures 296 Hampton Road PO Box 1776 1 Southampton, A'Y 11969 I Phone. 631.283.319? 1 Fax 631.283-0235 w�c v PeconicI and`Frusttorg 1 - I 1 s.� 25 e �C♦ �, p1MM r r � M1 e• a , T . r 35 y • ate blue spruce ' • • ': � . oew ` • �: . 4L - '0000 PECONIC LAND TRLSI 296 Hampton Road I P.O.Box 1776 SCTM#:1000-63-1-25.4 Southampton,New York 11%9 Ag CenterProposed Site Plan Aerial Photo:Google maps 2011 ( � Town of Southold 631 283-3195 Property Owner:Peconic Land Trust Prepared by Dawn Liubenov;14 May 2012 Suffolk County,New York www.PeconfcLandTrust.org N WE Proposed Road '� ti ompugt Are. _ SSIIYYYY��S peo e Pate gat O a Pr p mm Gorden rF a 3.6 acres Startup Farmer Area o 00 ^ ° lacres � Fred Lee Lease Area gate— gam Area 19.0 acres es Tota] Proposed Fenced Area Jgamer y PECONIC LAND TRUST 296 Hampton Road I P.O.Box 1776 the Lands of Southampton,New York 11969 Charnews Farm Proposed Fencing 631 283-3195 Town of Southold Prepared by Dawn Liubenov;30 August 2010 Suffolk County,New York www.PeaonicLmdTmst.org Width = 16'; Length = 24' ® 20',24'&30' ® Clear or white 6 mil.UVI treated polyethylene Starting at 16'with increments of 4' or 6' Clear or white 6 mil. UVI treated polyethylene a r 12' (20' &24'models), 12'-4" • (30'models) 1.66"O.D. 14ga. galvanized steel tube(20'&24' models) 2"O.D. 14ga.galvanized steel tube(30'models) ® Cor 6' ® 1.315"O.D. 17ga. galvanized steel tube Srdewa0 heght 4• • t f I I I*ghl t.4P 17 -o' I I I`Imo_ AvallMle m 10:74'&30'vndlhs _-_ _-_'_---- -----_____J —' - Avadable Mth frame vpaung of 4 or 6' ? 7 \\ *.4ro i ti6m.-Lok _ U. L PLAN ST US REPORT SITE PLAN TYPE: AMENDED NEW V WITHDRAWN INCOMPLETE PROJECT NAME: (P-1\ ZONEI:�oNE2: ZONE3: LOCATION: HM IAM- /_2 SCTM# 1000- - -lis. OWNER NAME: ( TEL#�) APPLICANT NAME: QatME TEL#I_- AGENT NAME: TEL#(� PROJECT DESCRIPTION: /al av sN. each J EXISTING SE: PROPOSED USE: DATE BUILDING DEPARTMENT NOTICE:S/P REQUIRED Y OR N ZBA APPEAL REQUIRED Y OR N PRE-SUBMISSION CONFERENCE(WITHIN 30 DAYS OF WRITTEN REQUEST) NOTES: INFORMAL REQUEST FOR REVISIONS: APPLICATION RECEIVED DATE: /15 / I a, APPLICATION PROCESS DATE: PAYMENT RECEIVED: AMOUNT RECEIVED:$ —/—% NEW SP:$500./ACRE&.10/SF, AMENDED SP:$250.+,10/SF, AGRIC SP:FLAT$500 FEE AMOUNT:($ .00 X =$ $.10 X SF=$ )=s NEW APPLICATION WORK SESSION(WITHIN 10 DAYS OF RECEIM,PB ACCEPTED Y OR N APPLICANT ADVISED OF NECESSARY REVISIONS (WITHIN 30 DAYS OF REVIEW) / /— BUILDING DEPARTMENT MEEETING 100-254B3(WITHIN 30 DAYS) NOTES: REVISED SUBMISSION RECEIVED: NOTES: REFERRED AGENCIES:(WITH MAPS=W/P) —J-1 STZBA-,STBD.STC/B-JH-STBT-.STE-SCDHS---NYSDEC.USACORPS-NYSDOT_,SCWA-,SCPD-,SCDPW-,LWRP_ RESPONSES NOTES LEAD AGENCY: TOSP&.OTS:_RSVMW:PAR11-PART 2_,PART 3.SHORT EAF.LANG RAF- NOTES:, ACTION TYPE:COORDINATED:— UNCOORDINATED:_ (TYPE1:—TYPE2:—UNLISTED: —) REFERRED TO:STZBA_,STBD_,ffW-B_JH_$TOT_,STE-,SCDHS_,NYSDEC-USACORPS-NYSDOT-SCWA-SCPD_,SCDPW_ SEQRA DETERMINATION:NEG DEC Y OR N, APPROVALS REQUIRED: REFERRED DATE NOTES APPROVAL DATE NOTES ARCHITECTURAL REVIEW COMMITTEE: _/_/_ —/—/— LWRP COORDINATOR: _/_/_ / / BUILDING DEPARTMENT CERTIFICATION: FIRE COMMISSIONERS: TOWN ENGINEER APPROVAL: 27 / / DEROF TRANSPORTATION:DOT ,DPW_, TOS— —/—I —/—/— SUFFOLK COUNTY DEPARTMENT OF PLANNING: —/—/— SUFFOLK COUNTY DEPT OF HEALTH:PERMIT M OPTIONAL APPROVALS: ZONING BOARD OF APPEALS:APPEAL#: BOARD OF TRUSTEE'S: NYS DEC WETLANDS/TIDAUSPDES PLANNING BOARD DECISIONS: CONDITIONAL FINAL: DENIED: APPROVED: ' FINAL: NOTES ENDORSEMENT OF SITE PLAN: FIELD INSPECTION FOR C/O: -/-/- DISTRIBUTE APPROVED SITE PLANS TO: BUILDING DEPT TOWN ENG JD-1-iL/-l6q GENERAL NOTES: 101412005 SOURld Planning Department StafReport Site Plan Application Work Session Date August 27, 2012 Prepared By: Brian Cummings I. Application Information Project Title: Peconic Land Trust Greenhouses II. Action Review all staff and agency comments and schedule for a determination. This proposed site plan is for two 16' x 24' (384 s.f.) greenhouses for agricultural use on a 21 acre (TDR) parcel in the R-80 Zoning District, Youngs Ave, Southold. III: Analysis 1. June 4`h and July 9`h public hearings a. Concerns were raised over the location of the proposed greenhouses, noise, odor and light. 2. In response to the concerns raised at the public hearing: a. Noise: Applicant acknowledged that fans would be installed within the proposed greenhouses but would not be a disturbance to nearby residences b. Odor: Applicant has stated that the proposed greenhouses would not include any product that would create any overwhelming odors to the surrounding area. c. Location: The applicant has provided evidence supporting that the proposed location would be the optimal location for the Peconic Land Trust. V: Staff Recommendations 1. Consider additional vegetative screening of the proposed greenhouses along the property line adjacent to the Founders Village condominiums to mitigate the appearance and scale of the structures. 1 0 0 Southold Planning Department Staff Report Site Plan Application Work Session Date July 23, 2012 Prepared By: Brian Cummings I. Application Information Project Title: Peconic Land Trust Greenhouses 11. Action This proposed site plan is for two 16' x 24' (384 s.f.) greenhouses for agricultural use on a 21 acre (TDR)parcel in the R-80 Zoning District, Youngs Ave, Southold. III: Analysis 1. July 9, 2012 Public Hearing concerns: a. Noise d. Drainage b. Odor e. Irrigation c. Light f. Location 2. Responses from attending Agent July 9, 2012: a. Minimal electric, no generators b. Some lighting, to be in use a few months out of the year but not at night. c. Ventilation fan will be used d. Plastic greenhouses, landscape buffer/hedgerow can be accommodated for if desired. V: Staff Recommendations 1. Discuss and determine the location of the proposed greenhouses. Site photographs and aerials are available. VI. Application Information Project Title: Harbes Family Winery VII: Analysis 1. Revised map includes: a. Overflow parking dimensions (46,703s.f.) b. Additional note regarding pedestrian traffic measures i. "On the last two (2) weekends in September and on weekends during October of each year,the operator of this site shall have sufficient personnel present to direct vehicles to parking areas and to direct persons wishing to cross Sound Avenue to or from this site to a single crossing point on Sound Avenue. Signs shall be installed to direct customers to additional parking areas." c. New fencing on south side of Rt. 48 1 VIII: Staff Recommendations 1. Discuss additional measures the Planning Board would like to see as far as pedestrian circulation and safety. 2 Soutad Planning Department Sta^eport Site Plan Application Work Session — Completeness Date May 25, 2012 Prepared By: Brian Cummings I. Application Information Project Title: Peconic Land Trust- Agricultural Center Greenhouses Applicant: Peconic Land Trust, Inc Date of Submission: May 15, 2012 Tax Map Number: 63.-1-25.3 Project Location: 3005 Youngs Avenue Hamlet: Southold Zoning District: R-80 II. Description of Project Type of Site Plan: Agricultural Acreage of Project Site: 2.3 acres (21 acre farm considered same lot-DRT) Building Size (2) @ 384s.f. each III: Completeness Review See attached checklist for Site Plan Requirements. IV: Analysis This site plan is for two (2) proposed plastic greenhouses @ 384s.f. each for agricultural use 1. Proposed a. Two (2) plastic greenhouses @ 16'x 24' (384s.f.) each i. Greenhouses are proposed side-by-side adjacent to an existing barn within the Agricultural Structure Area that lies within the Development Rights Easement Area. (Below; see #3) b. "The greenhouses will be sited on a graded level surface approximately six (6) inches above ground level. The graded surface will be pitched away from the structures at a 15% angle to allow any groundwater to drain away from the structures. There will not be any drainage as the structures will be placed in the field at least twenty (20) feet away from other structures and/or property lines." 2. Code Requirements/Bulk Schedule (R-80) a. Required Proposed Front yard 60' Approx. 65' 1 Side S 20' 35' Side N 20' 45' combined Approx. 580' Rear and 75' 25' continuous lot b. Lot coverage: i. 20% Max; 4% existing, 6% total proposed 3. Department of Land Preservation a. Request for Greenhouses on Town Development Rights Easement: i. In a letter dated February 27, 2012; Melissa Spiro, Land Preservation Coordinator, stated that the committee reviewed the easement for the property and feels that the use of these proposed greenhouses are consistent with the property's agricultural production activities. V: Staff Recommendations 1. The application is complete. Accept the application for staff review and begin referral process for this Agricultural site plan. 2 South& Planning Department Checklist for Site Plan Application Completeness - Section 280-133 Project Name: Agricultural Center Greenhouses (Peconic Land Trust) Completed by: Brian Cummings Date: May 25, 2012 Received Comment A. Submission of a complete site plan application shall consist of: (1) A completed site plan application form. (2) The site plan review fee, as specified in Subsection B below. Editor's Note: See now § 280-138, Fee schedule for site plan applications. (3) A completed environmental assessment form. I (4) Nine copies of the site plan. I (5) Four copies of a property survey, certified by a licensed land surveyor. B. Standards. Site plan design shall include the following items: (1) Technical data: (a) The lot, block and section number of the property, taken from the latest tax records. (b) The name and address of the landowner on record: [1] The names and addresses of adjoining landowners. I [2] The name and address of the applicant, if not the same as the landowner. (c) The name and address of the person, firm or Not Survey Prepared by organization preparing the map, sealed with the Submitted John Metzger; Google aerial applicable New York State license seal and signature. Submitted as site pian (d) Date, graphic scale and North point, whether true or magnetic; if magnetic, show the date of reading. (e) A survey prepared by a licensed surveyor or civil engineer. The site plan may reference a land surveyor's map or base reference map. All distances shall be in feet and hundredths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000. (f) The locations, names and widths of all rights-of-way within 500 feet of property lines. If none exist within 500 feet of the subject property, indicate the distance to the nearest intersection with a public street. (g) A separate key map showing location and owners of all adjoining lands within 500 feet, as shown on the latest 4 On survey tax records, at a scale of one inch equals 100 feet. (h) The location, width and purpose of all existing and proposed easements, setbacks, reservations and areas 4 dedicated to public use within or adjoining the property. (i) A complete outline of other existing easements, deed 4 Land Preserv. 1 Checklist for Site Plan Application Completeness South9d Planning Department restrictions or covenants applying to the property. (j) Existing zoning, including zone lines and dimensions. �I (k) Site plans drawn at the scale of one inch equals 20 feet. If all required information cannot be shown clearly on one plan, the information should be separated as N/A follows: [1] Alignment and schedule plan. [2] Grading and drainage. Separate sheet [3] Landscaping. [4] Other, e.g., site utilities. (2) Natural features: Received Comment (a) Existing contours with intervals of two feet or less, Not referred to mean sea level as per United States submitted Geological Survey datum. (b) Boundaries of any areas subject to flooding or stormwater overflows, tidal bays, saltwater marshes, beaches and all freshwater bodies, including wetlands N/A and intermittent streams, perimeter boundaries of shoreline bluffs, dunes and beaches. (c) The location of existing natural features, including but not limited to natural drainage swales, watercourses, wooded areas and wetlands, as defined by the New York State Department of Environmental Conservation and the Board of Trustees of Southold Town, marshes, Not ponds, dunes, bluffs, beaches, kettleholes, Submitted escarpments, wildlife habitats, flood hazard areas, erosion-prone areas and trees of six inches in diameter at a point three feet above the trunk base. (d) The location of any existing cultural and historical N/A features within 500 feet of the property boundaries. (3) Existing building structures and utilities: (a) The locations, dimensions and outlines of all buildings, as defined in § 280-4 of this chapter, and all uses of the l On Survey site. (b) Paved areas, including parking areas, sidewalks and vehicular access between the site and public streets. On Survey (c) The locations, dimensions, grades and flow directions of any existing culverts, waterlines or sewage disposal systems, as well as other underground and On Survey aboveground utility poles and utility lines within and adjacent to the property. (d) The location and use of all buildings and structures, including curbcuts, within 200 feet of the boundary of the 1 subject property. 2 Checklist for Site Plan Application Completeness South& Planning Department (4) Proposed construction: Received Comment (a) The location of proposed buildings or structural improvements, indicating setbacks from all property lines and horizontal distances from existing structures. (b) The location and design of all uses not requiring structures, such as off-street parking and loading areas and pedestrian N/A circulation. (c) The location, direction, power level and time of use for any proposed outdoor lighting or public address systems. N/A (d) The location and plans for any outdoor signs must be in accordance with applicable sign regulations. N/A (e) The location and details of aprons, curbs, sidewalks, fencing (type and location), and grading, including existing and proposed topography with two-foot contours (on site and 200 feet beyond the property line) and spot elevations for N/A buildings and all structures, drainage calculations, details of drainage structures and watershed areas, where applicable. (f) Grading and drainage plans shall be based upon site stormwater retention, in conformance with Chapter 161, Highway Specifications. (g) The location and listing of landscaping, buffering and street tree plans, including type, material, size, quantity and location. (h) The location of water and sewer mains, electrical service, cablevision and telephone installations, ground transformers, fire wells and fire hydrants and/or any alternate means of water supply and sewage disposal and treatment. (i) Building elevations for all facades and floor plans showing the proposed use of floor area. Notes: N/A =Not Applicable Site Plan Application elements waivers: § 280-133 C. Notwithstanding the foregoing, the Planning Board shall have the discretion to waive any or all of the requirements of this § 280-133 by resolution at a duly noticed public meeting, for those applications involving modifications to existing structures with no substantial change to the existing footprint, where the Planning Board determines that such modifications or any change in use will not require significant changes to existing major site design features, as well as applications involving uses strictly related to agriculture (but excepting retail winery operations), if it determines such requirements are not necessary to protect and maintain the public health, safety, or welfare and to further the objectives set forth in § 280-129. 3 Checklist for Site Plan Application Completeness SOUTHOLD PLANNING BOARD W 15 SITE PLAN APPLICATION FORD Site Plan Name and Location Site Plan Name: Agricultural Center Greenhouses Application Date: 05 / /2012 Suffolk County Tax Map #1000- 63 - 1 25. 3 Other SCTM #s Street Address: 3005 Young Avenue Hamlet: Southold Distance to nearest intersection: @ 1 /4 mile to Middle Road Type of Site Plan: x New Amended Residential Zoning District R-80 Owners/Anent Contact Information Please list name, mailing address, and hone number or the people below: Property Owner Peconic Land Trust, Inc. Street 296 Hampton Road, P.O. Box 1776 City Southampton State NY Zip 11969 Home Telephone 631 -283-3195 Other Applicant same as above Street I City State Zip f Home Telephone Other Applicant's Agent or Representative: Contact Person(s)* Kimberly Quarty Street 296 Hampton Road, P.O. Box 1776 City Southampton State NY Zip 11969 Office Telephone 631 -283-3195 Other *Unless otherwise requested, correspondence will be sent only to the contact person noted here. .Site Plan Application Form 211812010 Site Data Proposed construction type: X New Modification of Existing SRtr cture Agricultural Change of use Property ota?acreage or square footage: 2. 3 ac./sq. ft. Site Plan build-out acreage or square footage: 768 -ac./sq. ft. (384 x 2 ) Is there an existing or proposed Sale of Development Rights on the property? Yes x No The development rights were sold in 2008 dnsiLot 25, the subject parcel is Ifyes, explain: Lot 25.3 which is the�_,designated Agricultural Structure Area q1 . Does the parcel(s) meet the Lot Recognition standard in Town Code §280-9 Lot Recognition? YEN_. If"yes", explain (and attach any necessary documentation—title report, subdivision approval, etc.) See attached Grant of Development Rights Easement dated June 9 , 2008 Building Department Notice of Disapproval Date: 04 /03 / 2012 Is an application to the Southold Town Zoning Board of Appeals required? Yes No X If yes, have you submitted an application to the ZBA? Yes No _ If yes, attach a copy of the application packet. Show all uses proposed and existing. Indicate which building will have which use. If more then one use is proposed per building, indicate square footage of floor area per use. List all existing property uses: agriculture List all proposed property uses: agriculture Other accessory uses: educational programmming Existing lot coverage: 4 % Proposed lot coverage: 6 % Gross floor area of existing structure(s): 2, 500 sq. ft. Gross floor area of proposed structure(s): 768cn ft Parking Space Data: #of existing spaces: 0 #of proposed spaces: 0 Loading Berth: Yes No x Landscaping Details: Existing landscape coverage: _L % Proposed landscape coverage: Wetlands: Is this property within 500' of a wetland area? Yes No X_Maybe I, the undersigned, certify that all the above information is true. Signature ofPreparer: y(l! 6ag4 Date: imberly Q arty 2 Site Plan Application Form 2118/2010 Grading and Drainage Plan The greenhouses will be sited on a graded level surface approximately six (6) inches above ground level. The graded surface will be pitched away from the structures at a 15% angle to allow any groundwater to drain away from the structures. There will not be any drainage as the structures will be placed in the field at least twenty (20) feet away from other structures and/or property lines. SOUTHOLD PLANNING DEPARTMENT FEE SCHEDULE - SITE PLAN APPLICATIONS 1. New Site Plan Applications a. $500 flat fee b. Plus $500 for each acre (or fraction thereof) in excess of the first acre c. Plus $0.10 for each gross square foot of proposed construction. 2. Amended Site Plan Applications a. $250 flat fee b. Plus $0.10 for each gross square foot of proposed construction in excess of the square footage of construction included in the previously approved site plan. 3. Agricultural Site Plan Applications (excepting retail winery operations*) a. $500 flat fee *KIY Fee Schedule Site Plan Applications APPLICANT'S AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK ,john v.H. Halsey being duly sworn, deposes and says that he resides at c/o_ Peconic Land Trust Inc - 296 Hampton Rd P.O. Box 1776 in the State of New York, and that he is the owner of the above property, or that he is the Southampton NY 11969 President ofthe Peconic Land Trust, Inc (Title) (Specify whether Partnership or Corp.) which is hereby making application; that there are not existing structures or improvements on the land which are not shown on the Site Plan; that the title to the entire parcel, including all rights- of-way, has been clearly established and is shown on said Plan; that no part of the Plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads; that he has examined all rules and regulations adopted by the Planning Board for the filing of Site Plans and will comply with same; that the pians,submitted, as approved, will not be alter or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be installed in strict accordance with the plan as approved by the Planning Board. PECONIC LAND TRUST, INC. Signed !1 Own John v.H. Halsey, President Signed (Partner or Corporate Officer and Title) Sworn to me this ' A day of Notary Public pM RLY WAR" No%r;Public,state of NOW Ybll{ No.01OU6249267 C „° pirft cooed K a,9016 TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL DATE: Aprill3, 2012 To: Steven Searl for Peconic Land Trust P O Box 1776 Southampton, NY 11969 APR 16 2118 Please take notice that your application dated March 19, 2012 For permit to construct two greenhouses at Location of property: 3005 Youngs Ave., Southold County Tax Map No. 1000 - Section 63 Block 1 Lot 25.4 Is returned herewith and disapproved on the following grounds: Pursuant to Article XXIV, Section 280-127, the proposed construction requires Site Plan approval from the Southold Town Planning Board. Authorized Signature CC: file, Planning Bd. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. TOWN OF SOUTHOLD BUILDING PE(&T APPLICATION CHECKLIST BUILDING DEPARTME Do you r need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631)765-1802 Planning Board approval FAX: (631)765-9502 Survey Southo[dTown.NorthFork.net PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Examined 120 V lJ Storm-Water Assessment Form ontact: Pl e4se Approved 20 MAA Mail to. C0.-�I Disapproved a/ ,¢a.. 1 9 2012 __Pc6cop f, Phone: Expiration ,20 BLDG. DEPT. TOWN OF SOUTHOLD Building Inspector APPLICATION FOR BUILDING PERMIT —�I Date 20� INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. Peecy ,PG LQYId 'VL(a (� UI�Gr�o/afnc� (Signature of applicant or name,if a corporation) (Mailing address of applicant) , I,�j (�/ n State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder l CD I Name of owner of premises / eC Oy) IC- Land (As on the tax roll or latest deed) Y If appli ant is a corporation,signature of duly authorized officer ame and title o corporate officer) John J. +J. a 1 , P+tTtti�t n"-�' Builders License No. Plumbers License No. Electricians License No. 3 13 1=� — Br$rc>o S Other Trade's License No. I. Location of Ian on which prop sed work will be done: -3oV5 l a ggaS ftyenAu ----____-- House Nurnbei J Street {{ Hamlet Count-Tax Map No 1000 Section C.03 Block Lot �S Subdivision _ _ Filed Map No Lot 2. State existing use and occupancy of premis s and intended use and occupancy of proposed construction: a. Existing use and occupancy M1'YYt b- Intended use and occupancy l a✓frl 3. Nature of work(check which applicable):New Building ✓ Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost n /Q Fee 4-300-00 (To be paid on filing this ap/�lication) 5. If dwelling,number of dwelling units h k. Number of dwelling units on each floor n 1 6"' If garage, number of cars h a 6. If business,commercial or mixed occupancy,specify nature and extent of each type of use. n l a 7. Dimensions of existing structures,if any:Front I 0 t Rear -! r Depth ,� r Height Cd �2 5 ' Number of Stories R'a Dimensions of same structure with alterations or additions: Front Rear Depth Height II Number of Stories (2.) 8. Dimensions of entire new construction:Front I / Rear r Depth , Height_ 1'2 ' Number of Stories 1 r 9. Size of lot Front 7l Rear S840-3 ' Depth �� 723 r 10.Date of Purchase ) 6$ Name of Former Owner ES40+e op -6 n t e i J • �-HarnC'LvS 11.Zone or use district in which premises are situated 12.Does proposed construction violate any zoning law,ordinance or regulation?YES_NO ✓ 13. Will lot be re-graded?YESNO /Will excess 511 be removed from premises?YES _NO / `D 'Po -e3-X I-I" 1 Co q 14.Names of Owner of premisesfeccnf/ r"rlJ-(/V�ddress 5rc,-Fho.+.6q Ny lPhone No. 2£73-3195 Name of Architect Yl le;- Address Phone No Name of Contractor,Sir 4 CIS aw-Ur' Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland?*YESNO * IF YES, SOUTHOLD TOWN TRUSTEES&D.E.C.PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES_NO * IF YES,D.E.C.PERMITS MAY BE REQUIRED. 16.Provide survey,to scale,with accurate foundation plan and distances to property lines. IT If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. 18.Are there any covenants and restrictions with respect to this property? * YES ✓ NO * IF YES,PROVIDE A COPY. STATE OF NEW YORK) S: S fOUNTY OFISu S �I n V.H . fl-&I SL-U being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing conn t)above named, (S)He is the T>r-eS t dj y1+ (Contractor,Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith. Swo heron me thi day of ✓ 6 --"'—jj ub i S�gnalure ol'Ap leant - �— `OuYMeln� ap/I�r�� PECONIC LAND TRUST February 17,2012 Land Preservation Committee Southold Town Hall Annex Building 54375 Route 25 PO Box 1179 Southold,NY 11971 Re: Request for Charnews Farm(SCTMH 1000-63-1-25.4) Dear Committee Members, The Peconic Land Trust requests permission to construct two small greenhouses(each greenhouse is 16X24 ft in size)adjacent to the southerly end of the existing barn. Please see the attached concept plan for location of same. Sincerely, 1 Stephen A.W.Searl Project Manager Attachment 296 HAMPTON ROAD I P.O. BOX 1776 1 SOUTHAMPTON, NY 11969 1 TEL:631.283.3195 1 FAX: 631.204.0711 www.peconiclandtrust.org - �i ��k �� v t, YY 4 � � � a«-' �• Y:'. 1, �� � • v� tk { �i o ALJ �.. 0., a a .� �r1Pi..:_ �.., , ` j - • �^�- � .1.. tvxyi.c a:!,�-._ *. .;t��.z. 9�w !� ,;�_ ,. Width = 16'; Length = 24' ®20',24-&30' ®Clear or white 6 mil.UVI treated polyethylene ®Starting at 16'with increments of 4' or 6' Clear or white 6 mil.UVI treated polyethylene 12'(20'&24'models),12'-4" • (30'models) 1.66"O.D. 14ga.galvanized steel tube(20'&24' models) 2"O.D.14ga.galvanized steel tube(30'models) 4'or 6' ® 1.315"O.D. 17ga.galvanized steel tube sdrwa'-I he'ghf a t I I • NalyI11 to arx":17 -0' I _ \ Avai Ltbie in 70.1C'&90'wxllhr ----`---__ _ ---_ -_- _� �' AvaJahle wah Name spaung of 4 rat 6 • E� .. ,! OFFICE LOCATION: MELISSA A.SPIRO OF sour ' V E® Town Hall Annex LAND PRESERVATION COORDINATOR 54375 State Route 25 melissa.spiro@town.southold.ny.us R 1 2012 (comer of Main Road&Youngs Avenue) Telephone(631)765-5711 Southold,New York CA Facsimile(631)765-6640 LAND TRUST,INC, MAILING ADDRESS: (YC,O P.O. Box 1179 + Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD February 27, 2012 Stephen Searl Peconic Land Trust, Incorporated P.O. Box 1776 Southampton, NY 11969 Re: Request for Greenhouses on Town Development Rights Easement SCTM#1000-63-1-25.4(f/k/a Charnews Farm-3005 Youngs Ave,Southold) Dear Stephen: The Land Preservation Committee members, in accordance with Section 70-5C.(2)[3] of the Town Code, reviewed the request you outlined in your Ietterdated February:17; 2012;for the construction of two small greenhouses within the Town's development rights easement. The Committee reviewed the easement for the property and feels that the use of these proposed greenhouses are consistent with the property's agricultural production activities. The Committee is approving the construction of two small greenhouses(each greenhouse being 16x24 ft)that you requested.These greenhouses have no heat source. Both are to be situated side-by- side adjacent to the southerly end of the existing barn within the Agricultural Structure Area that lies within the Development Rights Easement Area. Sincerely, 44 X L Melissa Spiro Land Preservation Coordinator /md cc: Building Department w/request letter N W6��E 5 existing barn ID approx. 45' fr 0 edge of ba —� � roposed gree ses approx. 28 minim : 35' from from fenceline erty boundary 20'J gate- - P E C O N I C LAND "f R U S T SCTM#:1000-63-1-25.4 296 Hampton Road I P.O.Box 1776 A Center Proposed Southampton,New York 11969 �i Property Owner:Pemnic Land Trust (631)283-3195 Town of Southampton Greenhouses Prepared by Dawn Liubenov;30 January 2012 Suffolk County,New York www.PeconicLandTnist.org GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the _ day of June, 2008 at Southold, New York. The parties are PECONIC LAND TRUST INCORPORATED, P.O. Box 1776, Southampton, New York 11969 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971(herein call "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-63-1-25 more fully described as the "Development Rights Easement Area" in Schedule "A-1" attached hereto and made a part hereof and hereinafter referred to as the "Property"and shown on the survey prepared by Peconic Surveyors P.C., dated March 20, 2008 and last revised June 6, 2008 (the "Survey"),; and WHEREAS, the Property is located in the R-80 Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to use the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used for or suitable for agricultural production; and WHEREAS, it is the policy of the Town of Southold, 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 Section 272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and • i WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee In order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of ONE MILLION SIX- HUNDRED EIGHTY-THREE THOUSAND FOUR-HUNDRED FORTY DOLLARS ($1,683,440.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be � binding upon and shall restrict the premises shown and designated as i the Property herein, more particularly bounded and described on Schedule "Xi annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: g� 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is I the owner of the Property described in Schedule A-,'free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under Section 64 of Town Law and Section 247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Puroose The parties recognize the environmental, natural, scenic and agricultural values of the Property and have the common purpose of preserving these values. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 2 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Development Rights Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, a survey dated March 20, 2008 last revised June 6, 2008,prepared by Peconic Surveyors P.C. (the "Survey"),, and a Phase 1 Environmental Site Assessment Report dated April 11, 2008 and Limited Phase II Environmental Site Assessment Report dated April 15, 2008, both prepared by Nelson, Pope & Voorhis, LLC, and an aerial photograph of the Property and maps on file with the Town of Southold Land Preservation Department. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained In this Development Rights Easement, the parties agree upon Its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 0-1--T y p e This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definition "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement including agricultural production as that term is presently referenced In §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") and including the production of crops, livestock and livestock products as 3 defined in Section 301(2)(a)-(i) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now or as these 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. "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. 1.03 Duration This Easement shall be a burden upon and run with the Property In perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of Its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS 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 4.06 of this Easement. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, nursery mats, or fencing used in connection with bonafide agricultural production, including without limitation fencing to keep out predator 4 animals. Approvals for these shall be as required by applicable provisions of the Town Code. 3.02 Excavation and Removal of Materials: Mining The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property or in connection with necessary drainage or soil conservation programs, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and Improvements on the Property and for purposes of erosion control and soil management, or In connection with normal agricultural/horticultural activities, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law, except as provided herein. The Property may be subdivided, including but not limited to the modification of lot lines to combine adjacent agricultural parcels, provided that all such resulting lots shall contain at least 10 acres of preserved farmland, subject to approval from the Land Preservation Committee and to such further approvals as may be required by the Town Code and other applicable laws. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law. Nothing set forth above in this Section 3.03 shall prohibit the Seller from creating a separate parcel and tax lot consisting of the Residential Reserved Area and/or from modifying the lot line of the Driveway Reserved Area to combine said Area with the adjacent parcel by subdivision, lot line modification or other application or procedure permitted by and pursuant to the Town Code, subject to Covenants and Restrictions imposed on the Residential Reserved Area, recorded simultaneously with this Easement. The Residential Reserved Area and the Driveway Reserved Area are shown on the Survey. 3.04 Dumoina The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices, Including fertilization, composting and crop removal. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the 5 Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. Overhead utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Property. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses The use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the Agriculture and Markets Law, now or as they may be amended, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other Instrument including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities Inconsistent with current or future agricultural production shall be permitted on the Property. Any improvements, structures, uses or activities permitted by this Easement shall not be deemed to be inconsistent with agricultural production as defined above and shall not be prohibited. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices. 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 6 3.10 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownershio Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. 4.04 Landscaoing Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the Property, and to mow the Property. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is referenced in Section 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 7 defined in Section 301(2)(a)-(i) of the Agriculture and Markets Law, now or as they may be amended. No future restriction in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Section 4.06 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 farmstands. 4.06 Structures and Improvements A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code as same may be amended and subject to the approval of the Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) New construction, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production; any new construction as permitted by this 4.06 shall only be located in the Agricultural Structure Area 1 and Agricultural Structure Area 2, both described separately in Schedule A-1, attached hereto and made a part hereof; (iii) Renovation, maintenance and repairs of existing structures or structures built or permitted pursuant to this Section 4.06. (iv) Structures and improvements permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, may be constructed in Agricultural Structure Area 1 and Agricultural Structure Area 2. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. No construction is permitted outside of the Agricultural Structure Areas 1 and 2 described in this 4.06, except as provided in 4.06 A(i) and (iii) 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. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 8 D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. E. Agricultural Structure Area 2 Restriction. Structures and Improvements within Agricultural Structure Area 2 described in Schedule "A-1" attached hereto (1) shall not exceed 2,000 square feet in the aggregate and (ii) shall be designed and located to maintain the scenic view shed corridor from Horton's Lane to the extent reasonably practicable. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code of the Town of Southold, and shall provide documentation as may be required for such applications. 4.08 Alienabilitv Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any Interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, fiber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments 9 Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments subject, however, to Grantor's right to grieve or contest such assessment and defer payment pending such action. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, except those arising from Grantee's negligence, arising from the physical maintenance or condition of the Property caused by Grantor's actions or inactions or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable In amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Requirement If Grantor leaves the Property open and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement a Natural Resources Conservation Plan (the "Plan") approved by 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 falls to comply with the provisions of this section after reasonable notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to implement the Plan, and to recover the costs of such implementation from Grantor, as provided in Section 6.03. 10 ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, not more frequently than annually, and in a manner that will not Interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.04 and 6.03, or to permit access upon the Property by the public. 6.02 Maintenance Grantee shall have the right to require the Grantor to maintain the Property in the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, Including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or 11 (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within 15 days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. In that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor; its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable 12 to the residual agricultural and/or open space value of the Property and if the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning Its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged Into this Easement and superseded by it. 7.02 Amendment This easement may be amended only with the written consent of Grantee and current Grantor and in accordance with any applicable State and local law. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law 13 New York Law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interoretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as Intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Property, or to use Images of the property. Grantee may use images of the Property for non-commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be Ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST INCORPORATED, Grantor 14 By: Tii#i bysntufield Vice re , ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: Irk, ` J hn P. Sepenoski Deputy Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this q day ofJUA/4 in the year 2008 before me, the undersigned, personally appeared Timothy J. Caufield personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s) whose names) is (are) subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the Instrument, the individual(s), or the person upon behalf of which the individual(s) acted executed the Instrument. Notary Public' ROSERTDEFRESE Notary Public State of Now York No.01DE5035117 Qualified in Suffolk County commission Expires October 24,_L STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this Q day ofTwN{ in the year 2008 before me, the undersigned, personally appeared John P. Sepenoski, personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the Instrument, the individual(s), or the person upon behalf of which the ndividual(s) acted, executed the instrument. R6(�nm-ozrnL86 Notary Public Notary pubiloState afNEwYork No.01035035117 In CommisssiontrtExpires uOctobaolkor 24ty� Z:\Town of Southold\CHARNEWS (PLT)\Easement 6408.doc 15 Fidelity National Title Insurance Company of New York TITLE NO.0 -7404-71368-SUFF SCHEDULE A-I (Description) DEVELOPMENT RIGHTS EASEMENT AREA S.C,T.M. 1000-63-Ol-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a rebar set on the easterly line of Horton's Lane at the intersection formed by the southerly line of lands now or formerly of RMB Realty LLC, said point and place of beginning being a distance of 263,48 feet as measured in a southerly direction along the easterly line of Horton's Lane from the terminus of a curve which connects the easterly line of Horton's Lane with the southerly line of North Road(C.R. 48); RUNNING THENCE from said point or place of beginning in an easterly direction along lands now or formerly RMB Realty LLC and lands now or form.crly of North Fork Professional Realty North 67 degrees 06 minutes 40 seconds East, a distance of 526.89 feet to a point; THENCE North 69 degrees 55 minutes 20 seconds East along lands now or formerly of Fabian & Associates and lands now or formerly of Southold Stone Inc,a distance of 98.99 feet to a point; THENCE North 67 degrees 06 minutes 40 seconds East still along lands now or formerly of Southold Stone Inc. and lands of others a distance of 410.00 feet to a monument; THENCE North 72 degrees 04 minutes 10 seconds East along lands now or formerly of Anne Hubbard a distance of 523.07 feet to a point; THENCE through lands conveyed to Peconic Land Trust South 8 degrees 35 minutes 30 seconds East a distance of 78.20 feet to a point; THENCE North 72 degrees 04 minutes 10 seconds East, a distance of 155.07 feet to a point and the westerly line of Railroad Avenue(Young's Avenue); THENCE South 8 degrees 35 minutes 30 seconds East a distance of 176.80 feet to a rebar and lands now or formerly of Fisher and Krupski; THENCE along lands now or formerly of Fisher and Krupski South 80 degrees 11 minutes 20 seconds West a distance of 150.00 feet to a rebar; THENCE South 8 degrees 35 minutes 30 seconds East, a distance of 120.00 feet to a monument; THENCE South 80 degrees I 1 minutes 20 seconds West a distance of 184.24 feet to a point; THENCE South 13 degrees 37 minutes 40 seconds East a distance of 323.08 feet to a point and the northerly line of "Founders Village Condominium, Section V filed in the Office of the Suffolk County Clerk's Office Condominium Map No. 115; THE POLICY TO HE irSSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY: Together with all Use right, title and interest gr1hs parry of the first pari, ofIn and to the land lying in the street In front of and adjoining said premises. SCHEDULEA-1 (Description) .3' • - Fidelity National Title Insurance Company of New York TITLE NO.08-7404-71368-SUFF SCHEDULE A-1 (Description) (Continued) THENCE along "Founders Village Condominium,Section I" South 76 degrees 22 minutes 20 seconds West a distance of 260.12 feet to a stake; THENCE South 70 degrees 05 minutes 00 seconds West along "Founders Village Condominium, Section I" and others a distance of 1110.79 feet to a rebar set on the easterly line of Horton's Lane; THENCE North 10 degrees 33 minutes 00 seconds West a distance of 584.13 feet to the point or place of BEGINNING. AGRICULTURAL STRUCTURE AREA 1 1000-63-01-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold,Town of Southold,County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the northerly line of".Founders Village Condominium, Section V filed in the Office of the Suffolk County Clerk under Condominium Map No. 115, said point and place of beginning being South 76 degrees 22 minutes 20 seconds West a distance of 306.98 feet as measured in a westerly direction from the intersection formed by the northerly line of ".Founders Village Condominium, Section 1" with the westerly line of Railroad Avenue ('Young's .Avenue); RUNNING THENCE from said point and place of beginning in a westerly direction along "Founders Village Condominium, Section i" South 76 degrees 22 minutes 20 seconds West a distance of 260.12 feet to a stake; THENCE South 70 degrees 05 minutes 00 seconds West a distance of 244.45 feet to a point; THENCE North 13 degrees 37 minutes 40 seconds West through lands now or formerly of Peconic Land Trust, incorporated a distance of 383.42 feet to a point; THENCE North 80 degrees l 1 minutes 20 seconds East a distance of$04.22 feet to a point; THENCE South 13 degrees 37 minutes 40 seconds East a distance of 323,08 feet to the point or place of BEGINNING, AGRICULTURAL STRUCTURE AREA 2 1000-63-01-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold,Town of Southold,County of Suffolk and State of New York,being bounded and described as follows: BEGINNING at a rebar set on the eastorly line of Horton's Lane at the intersection formed by the southerly line of lands now or formerly of RMB Realty LLC, said point and place of beginning being a distance of 263.48 feet as measured in a southerly direction from the terminus of a curve which connects the easterly line of Horton's Lane with the southerly line THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONZY- Together with all the right, title and interest of the part of lheJlrst part, of in and to the land I)iing in the street in front of and adjoining said premisar, , WEDULEA-1 (Descn0t1nn) Fidelity National Title Insurance Company of New York TITLE NO.08.7404-71368-SUFF SCHEDULE A-1 (Description) (Confined) of North Road(C.R.48); RUNNING THENCE from said point and place of beginning in an easterly direction along lands now or formerly of RMB Realty North 67 degrees 06 minutes 40 seconds East a distance of 204.73 feet to a point; THENCE South 10 degrees 33 minutes 00 seconds East a distance of 200.00 feet to a point; THENCE South 67 degrees 06 minutes 40 seconds West a distance of 204.73 feet to a point and the easterly line of Horton's Lane; THENCE North 10 degrees 33 minutes 00 seconds West a distance of 200.00 feet to a rebar and the point or place of BEGINNING. RESIDENTIAL RESERVED AREA 1000-63-01-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold, Town of Southold,County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the westerly line of Railroad Avenue(Young's Avenue) at a monument set at the intersection formed by the westerly line of"Founders Village Condominium, Section I" filed in the Office of the Suffolk County Clerk under Condominium Map No. 113; RUNNING THENCE in a westerly direction South 76 degrees 22 minutes 20 seconds West along "Founder's Village Condominium, Section 1"a distance of 306,98 feet to a point; THENCE North 13 degrees 37 minutes 40 seconds West a distance of 323.08 feet to a point; THENCE North 80 degrees I1 minutes 20 seconds East a distance of 184.24 feet to a monument and lands now or formerly of Talarico; THENCE North 80 degrees 11 minutes 20 seconds East along lands now or formerly of Talarico a distance of 150.00 feet to a monument set on the westerly line of Railroad Avenue(Young's Avenue); THENCE South 8 degrees 35 minutes 30 seconds East a distance of 302.00 feet to the point or place of BEGINNING. FOR INFORMATION ONLY: ALL that certain plot, piece or parcel of land, situate, lying and being in the Village and Town of Southold, County of Suffolk and State of New York, and being bounded and described as follows: THE POLICY TO B'BISSUED under this commitment will insure the title to such buildings and improvements on rhe premises which by law constitute real property. FOR COXVZYANCINO ONLY. Together with all the right, title and Interest of the part ofthefrst parr, of in and to the land lying In the street In front of and adjoiningsatd})remisas, SCR DULEA-1(Dascription) Fidelity National Title Insurance Company of New York TITLE NO.08.7404-71368-SUFF SCHEDULE A-1 (Description) (Continued) BEGINNING on the westerly side of Young's Avenue (formerly Railroad Avenue)at the point of intersection formed by the northerly line of lands now or formerly of Founders Village Condominium Sec. 1 and the southerly line of the premises herein described; RUNNING THENCE South 76 degrees 22 minutes 20 seconds West, 567.10 feet; THENCE South 70 degrees 05 minutes 00 seconds West, 1110.79 feet to the easterly line of Horton's Lane; RUNNING THENCE along the easterly line of Horton's Lane North 10 degrees 33 minutes 00 seconds West 584.13 feet to the southerly line of land now or formerly of RMB Realty LLC; RUNNING THENCE along land now or formerly of RMB Realty LLC and others North 67 degrees 06 minutes 40 seconds East, 526.89 feet; THENCE North 69 degrees 55 minutes 20 seconds East, 98.99 feet; THENCE North 67 degrees 06 minutes 40 seconds East, 410 feet; THENCE North 72 degrees 04. minutes 10 seconds East along the southerly line of land now or formerly of Anne Hubbard and Gary and Joan Rempe, 528.14 fleet to the northwesterly corner of land now or formerly of Schlachter; THENCE South 8 degrees 35 minutes 30 seconds East,along the last mentioned land, 63 feet; THENCE North 72 degrees 04 minutes 10 seconds East a distance of 150.00 feet to the westerly side of Young's Avenue (formerly Railroad Avenue); THENCE along the westerly line of Young's Avenue(formerly Railroad Avenue)South 8 degrees 35 minutes 30 seconds East, 192.00 feet to the northerly line o1'land now or formerly of Fisher and Krupski; THENCE South 80 degrees 11 minutes 20 seconds West along the northerly line of land now or formerly of Fisher and Krupski, 150.00 feet; THENCE South 8 degrees 35 minutes 30 seconds East, 120.00 feet; THENCE North 80 degrees I I minutes 20 seconds East, 150.00 feet to the westerly side of Young's Avenue (formerly Railroad Avenue); THENCE along the westerly side of Young's Avenue(formerly Railroad Avenue),South 8 degrees 35 minutes 30 seconds East, 302.00 feet to the point or place of BEGINNING. THE POLICY TO BE ISSUED under this commarinent will insure the title to such buildings and Improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY., Together with all the right, title and interest of the,part of tha first part, of in and to the land lying In the street in front of and adjoining sald premiaas, SCHEDULBA-1(Description) 'VEY OF PROPERTY AT SOUTHOLD WN OF SOUTHOLD FOLK COUNTY, N. Y. 1000-63-01-25 SCALE: 1'--100' MARCH 2Q 2008 R MARCH 20, 2006 NE SCH4ACH(E MARCH 28, 2008 (CORNERS SET) APRIL 8, 2008 (CER 77FICA77ONS) CHER`(L MAY 27, 2008DEVELOPMENT RIGHTS) JUNE 6, 2008 (REWSIONS) N/0 V6pN REMpE t ARY � J I SET 0 72 00 ANNE HU�BPRO 5281A, 5 Z a S72 SRI 50+SDi'AY ; N/0/F 523 p7 p• j'� 1BB°� CL C N72004'10"E 2Z� S720410 vl pRIVEWAAREAF(, REp' m e °i ' o RERAR O . ser c,oAh 1� n •C 150. A ER 8c KRUPSKI o �n i�H N/OAF Cm AIELISSA TALARICO 0 20" O 150.00' _ '"rJ 334.24 � Q 68846'- ' N6011.20"E 504.22 %7. 12e Y , RESIDENTIAL N80'1 EA ,`t>� /JiRF.O 88ARA RES AL STRUCTURE AREA /1 1 ' --` p,GRICUL�RA.,L0000 ACRE 1�' 2 STY. _ O.N N1RE5_•�, -"1 _ wOG1 tt193•E tl UGS F t / 9 fAP T � • � 1 567,10 °E S76,22'2 OW OMINIUM Y� iALLA�E CONOAREA) 245• c, -OUSE ETON 1 (COMMON 6R N mC `p zz o/F Z NpoMIN►UM a�o �(GMMOON AREA) o F 0m om z z 4� CERTIFIED To, PECONIC LAND TRUST, INCORPORATED FIDELITY NATIONAL TITLE INSURANCE COMPANY TOWN OF SOUTHOLD cEOFNell, I, T.MFT�c�p� c �I ANY AL7FRA77ON OR ADDI77ON TO THIS • SURVEY 1S A vTOLAnorl S. LIC. N0. 49618 OF SEC77ON 72090F THE NEW YORK ,,7A7E EDUCA77ON LAW. i P.C. EXCEPT AS PER SEC77ON 7209-SUB&WSION 2. ALL CERRFTCA7�ONS 6 - AX• (631) 765-1797 HEREON ARE VALID FOR THIS MAP AMD COPIES THEREOF ONLY /F P.O. ES SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SUR,E'YOR 1230 TRAKELER STREET WHOSE SIGNATURE APPEARS HERI'ON. SOUTHOLD, N, Y. 17971 08-118 N m �z c oft. q8) g �\ pg gpA z cn o K � a n F NlGo� Q2 m I�jSP R Bs°S°', S> I n N61.0 z FOR I • re oils � NIOIF 5�P� REP N8 989g N pR0fE5 9• 528.8 ' F 30 T6. OI SEI N4.0 6� 3 E PREM 2 RUc�UR AREA # A st GREs SURE ARE GRiEU-�A'URA`' s soUF s�RUCTURE EAsEMENt PGRI PN�RtU-140107URpAGREs RIGN,rs 1. �lppo.'G' 8' PRON AGR16,j2�7 OpME�REs ' , AREA pEJE1-30 P w 1' 8 Zok 1'' AREA CS 0 1 s �+ '6 HoQE � � 1 g6�3� 0/F 6R1P REN MFL�ER . N N/ / OE y pIN �0.05.odo* PNR�OPBRUZZO O o � 5 D ED� N/0/Eop,0) 4 u - t 3, �•RdN, JUN 6 2008 � c,�0 DEPT.OF LAND PRESERVATION w.._:... ® =MONUMENT TOTAL. O =PIPE AREA-; A —STAKE . FOR INTERNAL USE ONLY pqa' SITE PLAN USE DETERMINATION /� Initial Determination Date:/ / la Date Sent: 3 / S� / /_3 Project Name: Project Address: Suffolk County Tax Map No.:1000- Zoning District:_ �,�� �19 ` Request: a f� a- 7 (Z (Note: Copy of Building Permit Application and supporting documentation as to proposed use or uses should be submitted.) rr�� Initial Determination as to whether use is permitted: Yo. Initial Determination as to whether site plan is required:v� Sigma of Building Inspector Planning Department (P.D.) Referral: P.D. Date Received: S / Q7 UD- Date of Comment:_/ I� / 12 Comments OSS (1t Signature of Planning Dept. Sta eviewer Final Determination Date: / / Decision: SinnnhirP of Ruilrtino Insnectnr �" r,, rr �� rt.. 4.. � � �, � ��` y. - �_ E �.;� y� � �,u � ,�.. �� � � � .�, .� i � - � ,� ,y, � . ,�, � : ,,. �.•��` .-; .._ . . „� . _—_- '��a.. ^� ,r.� �" s. "` "�� �, �� --- iF » 2 . \ » : » . y <�< ° � ; . ������\\» ����� /w < . : : : : .� ������d< . ��, : ,�� . _ a. ��y . . _ ����� ^ . \ > ° ���� �� � w\ - . ��\ �, g, . » ® © � m. : � p© * � . .� . . �����ƒ �< ��:\, a � . . : ��� . . . +«< a . « . . . . � . � � \ � .: > . � p , .may-��1 «>�_ � �< a . . < (c .�/d� �» � � r\�:��/ . � \ . � \ � � \�\� �\2" ° . < ��»�c < ��� � . , « ° / \\� �\��� /�22�����« � \\ \� ^ ` \ ��,�§�=\�� ��%»�tXz��J�& . � . . . �\ zg : z \2 � . ©�° . *w �s � ©� /��+�/�2..��12 � 2 : y��. . r > a« . . ® s . . . : . . . . . . . . ° � -» « : « y «�\ �:/ 2 � w �*. �. , 2+ � ©yz� . �m«w � < t . *� ° . . x « �«» � . � ©- :�: � 2�d= v =«� y«»\ /�» \ �y`��w 2\\��� «�1«« ��} f « © � � .> . . � y °�� « . : ¥ \ \\\�"� � �»�T < < y= : : ` �22�y2^2 : Width = 16'; Length = 24' ® ®; Ow»dp Starting at 16'with increments of 4' or 6' Clear or white 6 mil.UVI treated polyethylene 00 00 • v *.. 21"V A mot tv StEe#RSirC� 4'or 6' ®1.315"O.D.17ga.galvanized steel tube Sidewall height 4' _ Helghl to ape.:12'.0' Avallable 1n 20,24'&30'vAdlh> Available vnlh frame spacing of for G' zOFFICE LOCATION: C C• MELISSA A.SPIRO OECGF soar I VED Town Hall Annex LAND PRESERVATION COORDINATORO�� y�l p 54375 State Route 25 melissa.spiro@town.southold.ny.us h O R 12012 (comer of Main Road&Youngs Avenue) Telephone(631)765-5711 Southold,New York Facsimile(631)765-6640 ,0 L4ND TRUST,INC. MAILING ADDRESS: O�yCo P.O. Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD February 27, 2012 Stephen Searl Peconic Land Trust, Incorporated P.O. Box 1776 Southampton, NY 11969 Re: Request for Greenhouses on Town Development Rights Easement SCTM #1000-63-1-25.4(f/k/a Charnews Farm—3005 Youngs Ave,Southold) Dear Stephen: The Land Preservation Committee members, in accordance with Section 70-50.(2)[3] of the Town Code, reviewed the request you outlined in your letter dated February 17, 2012,for the construction of two small greenhouses within the Town's development rights easement. The Committee reviewed the easement for the property and feels that the use of these proposed greenhouses are consistent with the property's agricultural production activities. The Committee is approving the construction of two small greenhouses(each greenhouse being 16x24 ft)that you requested.These greenhouses have no heat source. Both are to be situated side-by- side adjacent to the southerly end of the existing barn within the Agricultural Structure Area that lies within the Development Rights Easement Area. Sincerely, Melissa Spiro Land Preservation Coordinator /md cc: Building Department w/request letter TOWN OF SOUTHOLD BUILDING PES APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631)765-1802 Planning Board approval FAX:(631)765-9502 Survey SoutholdTown.NorthFork.net PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Examined ,20 ID) D ontac[:Storm-Water Assessment Form PI-C4Se ci ✓d -{a Approved zo MAR 19 2012 Mail to. Disapproved a/c Phone. �l Expiration ,20 BLDG. DEPT. TOWN Of SOUTHOLD Building Inspector APPLICATION FOR BUILDING PERMIT '�l. Date Mo H ,20 (9- INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the properly have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. // O ,.fp (Signature of applicant or name,if a corporation) Rb. box nJ Scn-ifhelate il, (Mailing address fifapplicant) p,�' ��/ State whether applicant is owner, lessee,agent,architect,engineer,general contractor,electrician,plumber or builder lD Name of owner of premises PeC Cyt I C (As on the tax roll or latest deed) t If appli ant is a corporation,signature of duly authorized officer ame and title o corporate officer) J oh l V. Builders License No. Plumbers License No. Electricians License No � 13 � — rt'art Jroai�S Other Trade's License No. I. Location of land on which prop sed work will be done: �5 CZc S e House Numbei Street Hamlet Counh T as Map No. 1000 Section � _Block 1 Lot 25 _ Subdivision filed Map No _ Lot_ _ i • 2. State existing use and occupancy of premis s and intended use and occupancy of proposed construction: a. Existing use and occupancy raKM b. Intended use and occupancy FQ✓IYl 3. Nature of work(check which applicable):New Building ✓ Addition Alteration Repair Removal Demolition Other/ Work 4. Estimated Cost 0l a Fee 4-300. 60 (Description) (To be paid on filing this ap lication) 5. If dwelling,number of dwelling units n Q Number of dwelling units on each floor n ff garage, number of cars ha 6. If business,commercial or mixed occupancy,specify nature and extent of each type of use. n Q 7. Dimensions of existing structures, if any: Front 10 Rear Depth .� Height C0 -2S ' Number of Stories 1 '/z R'a Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories r (Z 8. Dimensions of entire new construction: Front Rear �a I Depth Height_ 12' / Number of Stories/ 1 9. Size of lot CD Front 7/1 t Rear S84 j 3 z Depth 1� 72 3 z 10.Date of Purchase 4.2 O8 Name of Former Owner ESJ-04e. On )�((✓)t e 1 J . L.har- iews 11.Zone or use district in which premises are situated K— St) 12.Does proposed construction violate any zoning law,ordinance or regulation?YES_NO ✓ 13. Will lot be re-graded?YES_NO ✓ Will excess fill be removed from premises?YES NO / ^� o acx !7-7411(7( 9 14.Names of Owner of premises feccr)i4 LCAr7L�7/U ddress Se:.,-Fha...pjaal, Ny phone No. &D, Name of Architect A /� Address Phone No Name of Contractor SRYn4 OS a a np r Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland?*YES NO ✓ * IF YES,SOUTHOLD TOWN TRUSTEES&D.E.C. PERMITS MAY BE�tEQUIRED. b.Is this property within 300 feet of a tidal wetland? * YES NO ✓ * IF YES,D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey,to scale,with accurate foundation plan and distances to property lines. 17.If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. 18.Are there any covenants and restrictions with respect to this property?* YES ✓ NO * IF YES,PROVIDE A COPY. STATE OF NEW YORK) S: S COUNTY OFSu Joh/1 V.H . fla-I aL, being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contr t)above named, (S)He is the I direst dj a+ (Contractor,Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief,and that the work will be performed in the manner set forth in the application filed therewith. Swo before me thi day or 'M01-C,6 20 I L s. - -- Pub is — - Signature of Ap scant �yNO.MOUE�0®67 GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the - day of June, 2008 at Southold, New York. The parties are PECONIC LAND TRUST INCORPORATED, P.O. Box 1776, Southampton, New York 11969 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971(herein call "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, Identified as part of SCTM #1000-63-1-25 more fully described as the "Development Rights Easement Area" in Schedule "A-1" attached hereto and made a part hereof and hereinafter referred to as the "Property"and shown on the survey prepared by Peconic Surveyors P.C., dated March 20, 2008 and last revised June 6, 2008 (the "Survey"),; and WHEREAS, the Property is located in the R-80 Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Sol[ Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to use the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used for or suitable for agricultural production; and WHEREAS, it is the policy of the Town of Southold, 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 Section 272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and ' • WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of ONE MILLION SIX- HUNDRED EIGHTY-THREE THOUSAND FOUR-HUNDRED FORTY DOLLARS ($1,683,440.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A-'J annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, Its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A,'free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under Section 64 of Town Law and Section 247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, Including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Puroose The parties recognize the environmental, natural, scenic and agricultural values of the Property and have the common purpose of preserving these values. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 2 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Development Rights Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, a survey dated March 20, 2008 last revised June 6, 2008,prepared by Peconic Surveyors P.C. (the "Survey'%, and a Phase 1 Environmental Site Assessment Report dated April 11, 2008 and Limited Phase II Environmental Site Assessment Report dated April 15, 2008, both prepared by Nelson, Pope & Voorhis, LLC, and an aerial photograph of the Property and maps on file with the Town of Southold Land Preservation Department. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained In this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Tvoe This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or Its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definition "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or Purposes consistent with the terms of this Easement including agricultural production as that term is presently referenced In §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") and Including the production of crops, livestock and livestock products as 3 defined in Section 301(2)(a)-(i) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now or as these 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. "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. 1.03 Duration This Easement shall be a burden upon and run with the Property In perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of Its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO ALE GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS 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 4.06 of this Easement. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, nursery mats, or fencing used in connection with bonafide agricultural production, including without limitation fencing to keep out predator 4 • 0 animals. Approvals for these shall be as required by applicable provisions of the Town Code. 3.02 Excavation and Removal of Materials: Mining The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property or in connection with necessary drainage or soil conservation programs, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, or in connection with normal agricultural/horticultural activities, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law, except as provided herein. The Property may be subdivided, including but not limited to the modification of lot lines to combine adjacent agricultural parcels, provided that all such resulting lots shall contain at least 10 acres of preserved farmland, subject to approval from the Land Preservation Committee and to such further approvals as may be required by the Town Code and other applicable laws. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law. Nothing set forth above in this Section 3.03 shall prohibit the Seller from creating a separate parcel and tax lot consisting of the Residential Reserved Area and/or from modifying the lot line of the Driveway Reserved Area to combine said Area with the adjacent parcel by subdivision, lot line modification or other application or procedure permitted by and pursuant to the Town Code, subject to Covenants and Restrictions imposed on the Residential Reserved Area, recorded simultaneously with this Easement. The Residential Reserved Area and the Driveway Reserved Area are shown on the Survey. 3.04 DumDlno The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices, including fertilization, composting and crop removal. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the 5 Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. Overhead utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Property. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses The use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, Including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the Agriculture and Markets Law, now or as they may be amended, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities Inconsistent with current or future agricultural production shall be permitted on the Property. Any improvements, structures, uses or activities permitted by this Easement shall not be deemed to be Inconsistent with agricultural production as defined above and shall not be prohibited. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices. 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 6 3.10 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the Property, and to mow the Property. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is referenced in Section 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 7 defined in Section 301(2)(a)-(i) of the Agriculture and Markets Law, now or as they may be amended. No future restriction in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Section 4.06 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 farmstands. 4.06 Structures and Imorovements A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code as same may be amended and subject to the approval of the Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) New construction, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production; any new construction as permitted by this 4.06 shall only be located in the Agricultural Structure Area 1 and Agricultural Structure Area 2, both described separately in Schedule A-1, attached hereto and made a part hereof; (iii) Renovation, maintenance and repairs of existing structures or structures built or permitted pursuant to this Section 4.06. (iv) Structures and improvements permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, may be constructed in Agricultural Structure Area 1 and Agricultural Structure Area 2. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. No construction is permitted outside of the Agricultural Structure Areas 1 and 2 described in this 4.06, except as provided in 4.06 A(i) and (iii) 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. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 8 D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. E. Agricultural Structure Area 2 Restriction. Structures and improvements within Agricultural Structure Area 2 described in Schedule "A-1" attached hereto (1) shall not exceed 2,000 square feet in the aggregate and (ii) shall be designed and located to maintain the scenic view shed corridor from Horton's Lane to the extent reasonably practicable. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code of the Town of Southold, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall Incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments 9 Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments subject, however, to Grantor's right to grieve or contest such assessment and defer payment pending such action. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, except those arising from Grantee's negligence, arising from the physical maintenance or condition of the Property caused by Grantor's actions or inactions or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of Its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Requirement If Grantor leaves the Property open and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement a Natural Resources Conservation Plan (the "Plan") approved by 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 falls to comply with the provisions of this section after reasonable 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 Pian, and to recover the costs of such implementation from Grantor, as provided in Section 6.03. 10 ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, not more frequently than annually, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of Inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.04 and 6.03, or to permit access upon the Property by the public. 6.02 Maintenance Grantee shall have the right to require the Grantor to maintain the Property in the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, In addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or 11 • (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within 15 days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. In that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor; its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable 12 to the residual agricultural and/or open space value of the Property and if the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning Its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This easement may be amended only with the written consent of Grantee and current Grantor and in accordance with any applicable State and local law. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. 7.04 Severabilitv Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law 13 • New York Law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate Its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Property, or to use Images of the property. Grantee may use images of the Property for non-commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST INCORPORATED, Grantor 14 By: byst entufield Vice r ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: �2akaem 874 , J hn P. Sepenoski Deputy Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this l day oUwtv.L In the year 2008 before me, the undersigned, personally appeared Timothy J. Caufield personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s) whose name(s) is (are) subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the Individual(s), or the person upon behalf of which the Individual(s) acted executed the instrument. Notary Public' ROBERTDEFRESE Notary Public Stale of New York No.OIDES035117 Qualified In Suffolk County Commission Expires October 24,_/ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this 4 day of Tuw4 in the year 2008 before me, the undersigned, personally appeared John P. Sepenoski, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the Instrument, the Individual(s), or the person upon behalf of which the ndivldual(s) acted, executed the Instrument. RCO�:T-OEFRESE Notary Public Notary publlo9tateofNow York No.01DHs03s117 QuaAsad In Suffolk county �,� Commission Expires October 24, L Z;\Town of Southold\CHARNEWS (PLT)\Easement 6408.doc 15 Fidelity National Title Insurance Company of New York TITLE NO.08.7404-71368-BUFF SCHEDULE A-1 (Desertpr/on) DEVELOPMENT RIGHTS EASEMENT AREA S.C,T.M. 100043-01-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold,Town of Southold, County of Suffolk and State of New York,being bounded and described as follows: BEGINNING at a rebar set on the easterly line of Horton's Lane at the intersection formed by the southerly line of lands now or formerly of RMB Realty LLC, said point and place of beginning being a distance of 263.48 feet as measured in a southerly direction along the easterly line of Horton's Lane from the terminus of a curve which connects the easterly line of Horton's Lane with the southerly line of North Road(C.R. 48); RUNNING THENCE from said point or place of beginning in an easterly direction along lands now or formerly RMB Realty LLC and lands now or formerly of North Fork Professional Realty North 67 degrees 06 minutes 40 seconds East, a distance of 526.89 feet to a point; THENCE North 69 degrees 55 minutes 20 seconds East along lands now or formerly of Fabian & Associates and lands now or formerly of Southold Stone Tnc.a distance of 98.99 feet to a point; THENCE North 67 degrees 06 minutes 40 seconds East still along lands now or formerly of Southold Stone Inc. and lands of others a distance of 410.00 feet to a monument; THENCE North 72 degrees 04 minutes 10 seconds East along lands now or formerly of Anne Hubbard a distance of 523.07 feet to a point; THENCE through lands conveyed to Peconic Land Trust South 8 degrees 35 minutes 30 seconds East a distance of 78.20 feet to a point; THENCE North 72 degrees 04 minutes 10 seconds East, a distance of 155.07 feet to a point and the westerly line of Railroad Avenue(Young's Avenue); THENCE South 8 degrees 35 minutes 30 seconds East a distance of 176.80 feet to a rebar and lands now or formerly of Fisher and Krupski; THENCE along lands now or formerly of Fisher and Krupski South 80 degrees 11 minutes 20 seconds West a distance of 150.00 feet to a rebar; THENCE South 8 degrees 35 minutes 30 seconds East,a distance of 120.00 feet to a monument; THENCE South 80 degrees 11 minutes 20 seconds West a distance of 184.24 feet to a point; THENCE South 13 degrees 37 minutes 40 seconds East a distance of 323.08 feet to a point and the northerly line of NFounders Village Condominium, Section P filed in the Office of the Suffolk County Clerk's Office Condominium Map o. 115; ThFF,POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constiruie real property. FOR CONVEYANCING ONLY., Together with all the right,title and interest oftlte parry of the first pari, of in and to the land lying 1n rhe street in front of and adjoining said premixes. SCHEDULE•A-1 (Description) a . - Fidelity National Title Insurance Company of New York TITLE NO.08-7404-71368-SUFF SCHEDULE A-I (Description) (Continued) TI4ENCE along "Pounders Village Condominium, Section I" South 76 degrees 22 minutes 20 seconds West a distance of 260.12 feet to a stake; THENCE South 70 degrees 05 minutes 00 seconds West along "Founders Village Condominium, Section 1" and others a distance of 1110.79 feet to a rebar set on the easterly line of Horton's Lane; THENCE North 10 degrees 33 minutes 00 seconds West a distance of 584.13 feet to the paint or place of BEGINNING. AGRICULTURAL STRUCTURE AREA 1 1000-63-01-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold,Town of Southold, County of Suffolk and State of New Fork, being bounded and described as follows: BEGINNING at a point on the northerly line of"Pounders Village Condominium, Section 1" filed in the Office of the Suffolk County Clerk under Condominium Map No. 115, said point and place of beginning being South 76 degrees 22 minutes 20 seconds West a distance of 306.98 feet as measured in a westerly direction from the intersection formed by the northerly line of "Founders Village Condominium, Section 1" with the westerly line of Railroad Avenue (Young's Avenue); RUNNING THENCE from said point and place of beginning in a westerly direction along "Founders Village Condominium, Section I" South 76 degrees 22 minutes 20 seconds West a distance of 260.12 feet to a stake; THENCE South 70 degrees 05 minutes 00 seconds West a distance of 244,45 feet to a point; THENCE North 13 degrees 37 minutes 40 seconds West through lands now or formerly of Peconic Land Trust, incorporated a distance of 383.42 feet to a point; THENCE North 80 degrees 11 minutes 20 seconds East a distance of 504.22 feet to a point; THENCE South 13 degrees 37 minutes 40 seconds East a distance of 323,08 feet to the point or place of BEGINNING. AGRICULTURAL STRUCTURE AREA 2 1000-63-01-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold,Town of Southold,County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a rebar set on the easterly line of Horton's Lane at the intersection formed by the southerly line of lands now or formerly of RMB Really LLC, said point and place of beginning being a distance of 263.48 feet as measured in a southerly direction from the terminus of a curve which connects the easterly line of Horton's Lane with the southerly line THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and tmproventents on the premises which by law constitute real property. FOR CONVEYANCING ONLY: Tagether with all the right, title and interest of the part of the just part, of in and to the land lyi»g in the street in front of and adjoining said premises. SGHEDULEA-1(Description) Fidelity National Title Insurance Company of New York TITLE NO.08.7404-71368-SUFF SCHEDULE A-1 (Descrtytlon) (Continued) of North Road(C.R.48); RUNNING THENCE from said point and place of beginning in an easterly direction along lands now or formerly of RMB Realty North 67 degrees 06 minutes 40 seconds East a distance of 204,73 feet to a point; THENCE South 10 degrees 33 minutes 00 seconds East a distance of 200.00 feet to a point; THENCE South 67 degrees 06 minutes 40 seconds West a distance of 204,73 feet to a point and the easterly line of Horton's Lane; THENCE North 10 degrees 33 minutes 00 seconds West a distance of 200.00 feet to a rebar and the point or place of BEGINNING. RESIDENTIAL RESERVED AREA 1000-63-01-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold, Town of Southold,County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the westerly line of Railroad Avenue(Young's Avenue) at a monument set at the intersection formed by the westerly line of"flounder's Village Condominium, Section 1" filed in the Office of the Suffolk County Clerk under Condominium Map No. 113; RUNNING THENCE in a westerly direction South 76 degrees 22 minutes 20 seconds West along "Founder's Village Condominium,Section V a distance of 306.98 feet to a point; THENCE North 13 degrees 37 minutes 40 seconds West a distance of 323.08 feet to a point; THENCE North 80 degrees 1I minutes 20 seconds East a distance of 184.24 feet to a monument and lands now or formerly ofTalarico; THENCE North 80 degrees 11 minutes 20 seconds East along lands now or formerly of Talarico a distance of 150.00 feet to a monument set on the westerly line of Railroad Avenue(Young's Avenue); THENCE South 8 degrees 35 minutes 30 seconds East a distance of 302.00 feet to the point or place of BEGINNING. FOR INFORMATION ONLY: ALL that certain plot, piece or parcel of land, situate, lying and being in the Village and Town of Southold, County of Suffolk and State of New York, and being bounded and described as follows: THE POLICYTO BE ISSUED under this commitment will insure the title to such buildings and improvements on rhe premises which by law constitute real property. FOR CONVEYANCING ONLY. Together with all the right, title and interest of the part of the first part, of in and to the land lying In the street in front of and adjoining said premisas, SC)"I RULE A-) (Description) Fidelity National Title Insurance Company of New York TITLE NO.08-7404-71368-SUFF SCHEDULE A-I (Description) (Continued) BEGINNING on the westerly side of Young's Avenue (formerly Railroad Avenue)at the point of intersection formed by the northerly line of lands now or formerly of Founders Village Condominium Sec. 1 and the southerly line of the premises herein described; RUNNING THENCE South 76 degrees 22 minutes 20 seconds West,567.10 feet; THENCE South 70 degrees 05 minutes 00 seconds West, 1110.79 feet to the easterly line of Horton's Lane; RUNNING THENCE along the easterly line of Horton's Lane North 10 degrees 33 minutes 00 seconds West 584.13 feet to the southerly line of land now or formerly of RMB Realty LLC; RUNNING THENCE along land now or formerly of RMB Realty LLC and others North 67 degrees 06 minutes 40 seconds East, 526.89 feet; THENCE North 69 degrees 55 minutes 20 seconds East,98.99 feet; THENCE North 67 degrees 06 minutes 40 seconds East, 410 feet; THENCE North 72 degrees 04 minutes 10 seconds East along the southerly line of )and now or formerly of Anne .Hubbard and Gary and Joan Rempe, 528.14 feet to the northwesterly comer of land now or formerly of Schlachter; THENCE South 8 degrees 35 minutes 30 seconds East, along the last mentioned land, 63 feet; THENCE North 72 degrees 04 minutes 10 seconds East a distance of 150.00 feet to the westerly side of Young's Avenue (formerly Railroad Avenue); THENCE along the westerly line of Young's Avenue(formerly Railroad Avenue)South 8 degrees 35 minutes 30 seconds East, 192.00 feet to the northerly line of land now or formerly of Fisher and Krupski; THENCE South 80 degrees 11 minutes 20 seconds West along the northerly line of land now or formerly of Fisher and Krupski, 150.00 feet; THENCE South 8 degrees 35 minutes N seconds East, 120.00 feet; THENCE North 80 degrees 11 minutes 20 seconds East, 150.00 feet to the westerly side of Young's Avenue (formerly Railroad Avenue); THENCE along the westerly side of Young's Avenue(formerly Railroad Avenue),South 8 degrees 35 minutes 30 seconds East, 302.00 feet to the point or place of BEGINNING. THE POLICY TO DE ISSUED wider this commitment will insure ilia title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY.• Togethe-with all ilia right, title and Interest of the part of the first part, of in and to the land lying in the street in front of and adjoining said premisas, SCHEDULHA•1(Description) GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the - day of June, 2008 at Southold, New York. The parties are PECONIC LAND TRUST INCORPORATED, P.O. Box 1776, Southampton, New York 11969 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971(herein call "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-63-1-25 more fully described as the "Development Rights Easement Area" in Schedule "A-1" attached hereto and made a part hereof and hereinafter referred to as the "Property"and shown on the survey prepared by Peconic Surveyors P.C., dated March 20, 2008 and last revised June 6, 2008 (the "Survey"),; and WHEREAS, the Property is located in the R-80 Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to use the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used for or suitable for agricultural production; and WHEREAS, it is the policy of the Town of Southold, 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 Section 272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and Intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of ONE MILLION SIX- HUNDRED EIGHTY-THREE THOUSAND FOUR-HUNDRED FORTY DOLLARS ($1,683,440.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as ' the Property herein, more particularly bounded and described on Schedule "Xi annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule P-,]free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under Section 64 of Town Law and Section 247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic and agricultural values of the Property and have the common purpose of preserving these values. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 2 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Development Rights Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, a survey dated March 20, 2008 last revised June 6, 2008,prepared by Peconic Surveyors P.C. (the "Survey"),, and a Phase 1 Environmental Site Assessment Report dated April 11, 2008 and Limited Phase II Environmental Site Assessment Report dated April 15, 2008, both prepared by Nelson, Pope & Voorhis, LLC, and an aerial photograph of the Property and maps on file with the Town of Southold Land Preservation Department. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definition "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement including agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") and including the production of crops, livestock and livestock products as 3 defined in Section 301(2)(a)-(i) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now or as these 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. "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. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS 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 4.06 of this Easement. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, nursery mats, or fencing used in connection with bonaflde agricultural production, including without limitation fencing to keep out predator 4 animals. Approvals for these shall be as required by applicable provisions of the Town Code. 3.02 Excavation and Removal of Materials: Mining The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property or in connection with necessary drainage or soil conservation programs, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, or in connection with normal agricultural/horticultural activities, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law, except as provided herein. The Property may be subdivided, including but not limited to the modification of lot lines to combine adjacent agricultural parcels, provided that all such resulting lots shall contain at least 10 acres of preserved farmland, subject to approval from the Land Preservation Committee and to such further approvals as may be required by the Town Code and other applicable laws. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law. Nothing set forth above in this Section 3.03 shall prohibit the Seller from creating a separate parcel and tax lot consisting of the Residential Reserved Area and/or from modifying the lot line of the Driveway Reserved Area to combine said Area with the adjacent parcel by subdivision, lot line modification or other application or procedure permitted by and pursuant to the Town Code, subject to Covenants and Restrictions imposed on the Residential Reserved Area, recorded simultaneously with this Easement. The Residential Reserved Area and the Driveway Reserved Area are shown on the Survey. 3.04 Dumoing The dumping or accumulation of unsightly or offensive materials Including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices, including fertilization, composting and crop removal. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the 5 Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. Overhead utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Property. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses The use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the Agriculture and Markets Law, now or as they may be amended, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. Any improvements, structures, uses or activities permitted by this Easement shall not be deemed to be Inconsistent with agricultural production as defined above and shall not be prohibited. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices. 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 6 3.10 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 OwnershiI2 Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the Property, and to mow the Property. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is referenced in Section 247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the Agriculture and Markets Law, now or as they may be amended. No future restriction in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Section 4.06 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 farmstands. 4.06 Structures and Imorovements A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code as same may be amended and subject to the approval of the Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) New construction, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production; any new construction as permitted by this 4.06 shall only be located in the Agricultural Structure Area 1 and Agricultural Structure Area 2, both described separately in Schedule A-1, attached hereto and made a part hereof; (iii) Renovation, maintenance and repairs of existing structures or structures built or permitted pursuant to this Section 4.06. (iv) Structures and improvements permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, may be constructed in Agricultural Structure Area 1 and Agricultural Structure Area 2. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. No construction is permitted outside of the Agricultural Structure Areas 1 and 2 described in this 4.06, except as provided in 4.06 A(i) and (iii) 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. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 8 D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. E. Agricultural Structure Area 2 Restriction. Structures and improvements within Agricultural Structure Area 2 described in Schedule "A-1" attached hereto (I) shall not exceed 2,000 square feet In the aggregate and (ii) shall be designed and located to maintain the scenic view shed corridor from Horton's Lane to the extent reasonably practicable. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code of the Town of Southold, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments 9 Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments subject, however, to Grantor's right to grieve or contest such assessment and defer payment pending such action. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, except those arising from Grantee's negligence, arising from the physical maintenance or condition of the Property caused by Grantor's actions or inactions or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from Injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Reauirement If Grantor leaves the Property open and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement a Natural Resources Conservation Plan (the "Plan") approved by the Land Preservation Committee to maintain or restore the Property to the condition in which it existed on the date of this Easement, as evidenced by the documentation referred to in Section 0.05 in order to protect the environmental, natural, scenic and agricultural values of the Property. In the event Grantor fails to comply with the provisions of this section after reasonable notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to implement the Plan, and to recover the costs of such implementation from Grantor, as provided in Section 6.03. 10 ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, not more frequently than annually, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.04 and 6.03, or to permit access upon the Property by the public. 6.02 Maintenance Grantee shall have the right to require the Grantor to maintain the Property in the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or 11 (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee If such restoration cannot reasonably be accomplished within 15 days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. In that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor; its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable 12 • • to the residual agricultural and/or open space value of the Property and if the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning Its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This easement may be amended only with the written consent of Grantee and current Grantor and in accordance with any applicable State and local law. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law 13 New York Law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the property. Grantee may use images of the Property for non-commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST INCORPORATED, Grantor 14 By: by ufield Vice resi nt ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: J hn P. Sepenoski Deputy Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this q day of_TwNv In the year 2008 before me, the undersigned, personally appeared Timothy J. Caufield personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the Instrument, the individual(s), or the person upon behalf of which the individual(s) acted executed the instrument. Notary Public ROBERT DEFRESE Notary Public State of New York No.01DE5035117 Qualified in Suffolk County '^ Commission Expires October-24,_L STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this q day ofTua< in the year 20084 @8 before me, the undersigned, personally appeared John P. Sepenoski, personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the ndividual(s) acted, executed the instrument. R02ERT-BEFRESE Notary Public Notary Public State of Now York No.01DES035117 Qualified in Suffolk County c� Commission Expires October 24, Z:\Town of Southold\CHARNEWS (PLT)\Easement 6408.doc 15 Fidelity National Title insurance Company of New York TITLE NO.08-7404-71368-SUFF SCHEDULE A-I (Description) DEVELOPMENT RIGHTS EASEMENT AREA S.C,T,M. 100063-01-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvement's thereon, situate, lying and being at Southold,Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a rebar set on the easterly line of Horton's Lane at the intersection formed by the southerly line of lands now or formerly of RMB Realty LLC, said point and place of beginning being a distance of 263.48 feet as measured in a southerly direction along the easterly line of Horton's Lane from the terminus of a curve which connects the easterly line of Horton's Lane with the southerly line of North Road(C.R. 48); RUNNING THENCE from said point or place of beginning in an easterly direction along lands now or formerly RMB Realty LLC and lands now or formerly of North Fork Professional Realty North 67 degrees 06 minutes 40 seconds Fast, a distance of 526,89 feet to a point; THENCE North 69 degrees 55 minutes 20 seconds East along lands now or formerly of Fabian & Associates and lands now or formerly of Southold Stone Tnc.a distance of 98.99 feet to a point; THENCE North 67 degrees 06 minutes,10 seconds East still along lands now or formerly of Southold Stone Inc. and lands of others a distance of 410.00 feet to a monument; THENCE North 72 degrees 04 minutes 10 seconds East along lands now or formerly of Anne Hubbard a distance of 523.07 feet to a point; THENCE through lands conveyed to Peconic Land Trust South 8 degrees 35 minutes 30 seconds East a distance of 78.20 feet to a point; THENCE North 72 degrees 04 minutes 10 seconds East, a distance of 155.07 feet to a point and the westerly line of Railroad Avenue(Young's Avenue); THENCE South 8 degrees 35 minutes 30 seconds East a distance of 176.80 feet to a rebar and lands now or formerly of Fisher and Krupski; THENCE along lands now or formerly of Fisher and Krupski South 80 degrees 11 minutes 20 seconds West a distance of 150.00 feet to a rebar; THENCE South 8 degrees 35 minutes 30 seconds East,a distance of 120.00 feet to a monument; THENCE South 80 degrees I 1 minutes 20 seconds West a distance of 184.24 feet to a point; THENCE South 13 degrees 37 minutes 40 seconds East a distance of 323.08 feet to a point and the northerly line of "Founders Village Condominium, Section 1" filed in the Office of the Suffolk County Clerk's Office Condominium Map No. I IS; TNjF POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on rhe premises which by law constitute real property. FOR CONVEYANCING ONLY., Together with all the right, title and interest ofthe parry of the first part, of 1n and to the land lying in the street in front of and adjoining said premises. SCHEDULEA-1 (Description) ' Fidelity National 'Title Insurance Company of New York TITLE NO.08-7404.71368-SUFF SCHEDULE A-1 (Description) (Continued) THENCE along "Founders Village Condominium,Section 1" South 76 degrees 22 minutes 20 seconds West a distance of 260.12 feet to a stake; THENCE South 70 degrees 05 minutes 00 seconds West along "Founders Village Condominium, Section V and others a distance of 1110.79 feet to a rebar set on the easterly line of Horton's Lane; THENCE North 10 degrees 33 minutes 00 seconds West a distance of 584.13 feet to the point or place of BEGINNING. AGRICULTURAL STRUCTURE AREA 1 1000-63-01-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold,Town of Southold,County of Suffolk and State of New York,being bounded and described as follows: BEGINNING at a point on the northerly line of"Founders Village Condominium, Section 1" filed in the Office of the Suffolk County Clerk under Condominium Map No. 11.5, said point and place of beginning being South 76 degrees 22 minutes 20 seconds West a distance of 306.98 feet as measured in a westerly direction from the intersection formed by the northerly line of "Founders Village Condominium, Section 1" with the westerly line of Railroad Avenue (Young's .Avenue); RUNNING THENCE from said point and place of beginning in a westerly direction along "Founders Village Condominium,Section I" South 76 degrees 22 minutes 20 seconds West a distance of 260.12 feet to a stake; THENCE South 70 degrees 05 minutes 00 seconds West a distance of 244.45 feet to a point; THENCE North 13 degrees 37 minutes 40 seconds West through lands now or formerly of Peconic Land Trust, incorporated a distance of 383.42 feet to a point; THENCE North 80 degrees 1 l minutes 20 seconds East a distance of 504.22 feet to a point; THENCE South 13 degrees 37 minutes 40 seconds East a distance of 323,08 feet to the point or place of BEGINNING. AGRICULTURAL STRUCTURE AREA 2 1000-63-01-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold,Town of Southold,County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a rebar set on the easterly line of Horton's Lane at the intersection formed by the southerly line of lands now or formerly of RMB Realty LLC, said point and place of beginning being it distance of 263.48 feet as measured in a soutberly direction from the terminus of a curve which connects the easterly line of Horton's Lane with the southerly line TWE POLICY TO HE MV,ED under this commitment will insure the title to such buildings and improvements on the premises which by law eonstirute real property. FOR CONVEYANCING ONLY, Together with all the right, title and interest of the part of the first part, of in and to the land lying in the street in front of and adjoining said premises, , UYEDULEA-1 (Description) Fidelity National Title Insurance Company of New York TITLE NO.08.7404-71368-SUFF SCHEDULE A-1 (Description) (Continued) of North Road(C.R.48); RUNNING THENCE from said point and place of beginning in an easterly direction along lands now or formerly of RMB Realty North 67 degrees 06 minutes 40 seconds East a distance of 204.73 feet to a point; THENCE South 10 degrees 33 minutes 00 seconds East a distance of 200.00 feet to a point; THENCE Smith 67 degrees 06 minutes 40 seconds West a distance of 204.73 feet to a point and the easterly line of Horton's Lane; THENCE North 10 degrees 33 minutes 00 seconds West a distance of 200.00 feet to a rebar and the point or place of BEGINNING. RESIDENTIAL RESERVED AREA 1000-63-01-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold,Town of Southold,County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the westerly line of Railroad Avenue(Young's Avenue) at a monument set at the intersection formed by the westerly line of"Founder's Village Condominium, Section 1" filed in the Office of the Suffolk County Clerk under Condominium Map No. 115; RUNNING THENCE in a westerly direction South 76 degrees 22 minutes 20 seconds West along "Founder's Village Condominium, Section 1"a distance of 306.98 feet to a point; THENCE North 13 degrees 37 minutes 40 seconds West a distance of 323.08 feet to a point; THENCE North 80 degrees I1 minutes 20 seconds East a distance of 184.24 feet to a monument and lands now or formerly ofTalarieo; THENCE North 80 degrees 11 minutes 20 seconds East along lands now or formerly of Talarico a distance of 150.00 feet to a monument set on the westerly line of Railroad Avenue(Young's Avenue); THENCE South 8 degrees 35 minutes 30 seconds East a distance of 302.00 feet to the point or place of BEGINNING. FOR INFORMATION ONLY., ALL that certain plot, piece or parcel of land, situate, lying and being in the Village and Town of Southold, County of Suffolk and State of New York,and being bounded and described as follows: THEPOUCY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on rhepremises which by law constitute real property. FOR CONVEYANCING ONLY. Together with all the right, title and interest of the part of the first part, of in and to the land lying in the street to front of and adjoiningsoldpremises. SCHEDULEA-i (Detcriptlan) Fidelity National Title Insurance Company of New York TITLE NO.08-7404-71368-SUFF SCHEDULE A-I (Description) (Continued) BEGINNING on the westerly side of Young's Avenue (formerly Railroad Avenue)at the point of intersection formed by the northerly line of lands now or formerly of Founders Village Condominium Sec. 1 and the southerly line of the premises herein described; RUNNING THENCE South 76 degrees 22 minutes 20 seconds West, 567.10 feet; THENCE South 70 degrees 05 minutes 00 seconds West, 1110.79 feet to the easterly line of Horton's Lane; RUNNING THENCE along the easterly line of Horton's Lane North 10 degrees 33 minutes 00 seconds West 584.13 feet to the southerly line of land now or formerly of RMB Realty LLC; RUNNING THENCE along land now or formerly of RMB Realty LLC and others North 67 degrees 06 minutes 40 seconds East,526.89 feet; THENCE North 69 degrees 55 minutes 20 seconds East, 98.99 feet; THENCE North 67 degrees 06 minutes 40 seconds East, 410 feet; THENCE North 72 degrees 04 minutes 10 seconds East along the southerly line of land now or formerly of Anne Hubbard and Gary and Joan Rempe, 528.14 feet to the northwesterly comer of land now or formerly of Schlaehter; THENCE South 8 degrees 35 minutes 30 seconds East,along the last mentioned land, 63 feet; THENCE North 72 degrees 04 minutes 10 seconds East a distance of 150.00 feet to the westerly side of Young's Avenue (formerly Railroad Avenue); THENCE along the westerly line of Young's Avenue(formerly Railroad Avenue)South 8 degrees 35 minutes 30 seconds East, 192.00 feet to the northerly line of land now or formerly of Fisher and Krupski; THENCE South 80 degrees I 1 minutes 20 seconds West along the northerly line of land now or formerly of Fisher and Krupski, 150.00 feet; THENCE South 8 degrees 35 minutes 30 seconds East, 120.00 feet; THENCE North 80 degrees I 1 minutes 20 seconds East, 150.00 feet to the westerly side of Young's Avenue (formerly Railroad Avenue); THENCE along the westerly side of Young's Avenue(formerly Railroad Avenue),South 8 degrees 35 minutes 30 seconds East, 302.00 feet to the point or place of BEGINNING. THE POLICY TO BE ISSUED under this commipnant will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY.• Together with all the right, title and interest of the part of tha first pat•; of in and to the land lying in the street in front of and adjoining said premises, SCHEDULEA•1(Description) 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 icant 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.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# 1000 - 63 - 1 - 25 . 3 PROJECT NAME Agricultural Center Greenhouses The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑x Building Dept. ❑ Board of Trustees ❑ 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: ❑ Nature and extent of action: To install two (2 ) greenhouses within designated development area (Agricultural Structure Area) on preserved farmland. Location of action: 3005 Youngs Avenue Southold New York Site acreage: 23 . 4 acres; disturbed area to be less than 1 acre Present land use: agricultural Present zoning classification: R-80 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: Peconic Land Trust, Inc. (b) Mailing address: P.O. Box 17 7 6, 296 Hampton Road Southampton, New York 11969 Telephone number: Area Code (c) Tele P ( ) 631 -283-31 95 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No R If yes,which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary ' Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ❑x Not Applicable I Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No F-x1 Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No Q Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No Iq Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes [:] No© Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable 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 i Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No [j] Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No [x] Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PREPARED B Kimberly Qua ty TITLEProject Manager DATE 5/3/12 Amended on 8/1/05 R 617.20 Appendix C • State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION To be completed b A Iicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Peconic Land Trust, Inc. Agricultural Center Greenhouses 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) 3005 Youngs Avenue, Southold, New York 5. PROPOSED ACTION IS: ® New E] Expansion Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Installation of two (2 ) greenhouses 7. AMOUNT OF LAND AFFECTED: Initially >1 acres Ultimately > 1 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ® Yes ❑ No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ® Residential ❑ Industrial ®Commercial X❑ Agriculture ❑ Park/Forest/Open Space Other Describe: the surrounding properties are a mix of residential, commercial, and agricultural uses. 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR LOCAL)? ®Yes ❑ No If Yes,list agency(s)name and permittapprovals: Town of Southold Land Preservation Committee 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑ Yes X❑ No If Yes,list agency(s)name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑ Yes ® No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Peconic Land Trust, Inc. Date: 5/7,�Tj7i Signature: V.64AAAt4 001UY V.11. naislay, i If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment 7 t OVER 1 PAT II - IMPACT ASSESSMENT a corn feted b Lead Agency) A. DOES ACTION EXCEED ANY TYPE I T HOLD IN 6 NYCRR,PART 617.4? If yes,coor ate the review process and use the FULL EAR ❑Yes ® No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. ❑Yes ® No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity, noise levels,existing traffic pattern,solid waste production or disposal, No potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly: C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: C6. Longterm,short term,cumulative,or other effects not identified in C1-05? Explain briefly: C7. Other impacts(Including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? 11 Yes ® No If Yes,explain briefly: E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes ® No If Yes,explain briefly: PART III•DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with Its(a)setting (i.e. urban or rural); (b)probability of occurring; (c)duration;(d)irreversibility;(e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes,the determination of significance must evaluate the potential Impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have Identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive declaration. Check this box if you have determined,based on the information and analysis above and any supporting documentation,thatthe proposed action WIL NOT result in any significant adverse environmental Impacts AND provide,on attachments as necessary,the reasons supporting this determination Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title OT Respon-W—le—Ocer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different trom responsible officer) J� PECONIC LAND TRUST, INC. 25809 REFERENCE NO. DESCRIPTION INVOICE DATE INVOICE AMOUNT DISCOUNT TAKEN AMOUNT PAID 050312 5/3/12 500.00 500.00 I i CHECK DATECHECK NO. PAYEE DISCOUNTS TAKEN T CHECK AMOUNT 5/8/12 25809 Town of Southold $500.00 I proposed • - - • • 000 N �r rr • ate . • • • - • bluespr - • • - • P E C O N I C LAND TRUST SCfM%il000b3-1-35.4 296 Hampton Road Y P.O.Box ll76 A icultural Center Aerial Photo:www.bing.com 2012 Southampton,New York 11969 (631)283-3195 Town of Southold Proposed Site Plan Property Owner:Peconic Land Prepared by:Dawn Liubenov;20 August 2012 Suffolk County,New York Trust www.PmonicIAMTmst.org