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Home My WebLink About1000-100.-4-4 f7 LOCATION MAP SCALE:1"=600' O 1 y \\ G ;��\-\ �� QPaa�11 \ \ � �• �°PQl O \\\ a0. >� O E�PM6 ON�� \ Z� Zo /j 0 \ �/O °( saEO �r � `r I \\ Cn -581 5 \\\ 1 , Ira- .000 \\ 10 \\ 0 U- O \\ o A NV O \\ a \ \\ " o Pp \ S jRA/Ns�\s�• \\ i \ NSER�1Nj 10,1111-1111. Rj 0• \ G� L\ o � \ \ \\ C 3 \\ \\\ 285-11 \\ \ \\\ 13x05+�9 w0000. \ \\ N \ 1.� I � \ -O 80/60 CONSERVATION SUBDIVISION o moo\ BUILDABLE LAND = 61.0976 ACRES �4\ YIELD ON ENTIRE PARCEL 9L\ \\ �'°^ 61.0976 x 43560 = 2661411 S.F./80,000 = 33.27 LOTS \ I \\ YIELD ON DEVELOPABLE AREA \ C ed \\ 03 33 LOTS x 0.40 = 13 LOTS \ CERTAIN AREAS: OG 01 MINIMUM PRESERVED AREA N. \ �deoo \ o 61.0976 x 0.80 = 48.8781 AC. MAXIMUM DEVELOPABLE AREA ' \ 61.0976 x 0.20 = 12.2195 AC. \\ O( k' ACTUAL PRESERVED AREA = 53.9000 AC. 5'� \ ACTUAL DEVELOPABLE AREA = 7.1976 AC. \ I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS COMPLETED \� i \ DEC. 23, 2000 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS: 11 ACTUALLY \ •� �i U-1 II EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND \ GEODETIC DETAILS ARE CORRECT. THE DIMENSIONAL REQUIREMENTS FOR ALL LOTS SHALL CONFORM THE "AC" ZONING USE DISTRICT. \ \ Z D OF DAVID H. FOX y'= = N.Y.S,L.S. # 50234 /EaMR�Dw/ \\ o :\ � "I HEREBY C � THE WATER SUPPLIES AND/OR SEWAGE DISPOSAL SYSTEMS FOR THIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION. BASED ON A CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND GROUNDWATER CONDITIONS, ALL LOTS, AS PROPOSED, CONFORM TO THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES O�0, CONSTRUCTION STANDARDS IN EFFECT AS OF THIS DATE. S ^ \\ 0-1 �L I SALVATORE IANNONE \ \ V N.Y.S.R.A. #020421 NOTE •()4 \9�9\ \ _ - --------- - ,ZOE 1. REFERENCE DEED L. 11784 CP. 686 \ \ \ 2. THIS MAP PREPARED FROM SURVEY PREPARED BY THIS OFFICE ON DEC. 23, 2000. 3. ELEVATIONS SHOWN HEREON ARE REFERENCED TO 5 EASTERN TOWNS. \ \ \ �a \\\\ \ \ \ O C) \\ opo OWNER 2 W A' s \ \ \ \ 10.1 5g„ r o MARTIN SIDOR 2010 OREGON ROAD \ \ \�\ O G� o^ \\\ MATTITUCK, N.Y. 11952 \ \ \ a 0. \�\ SITE DATA \ \ 1, t 3 °° \6.43 � \\ TOTAL AREA 61.0976 ACRES Nc3� \ Or ZONING USE DISTRICT AC f t"2 SCHOOL DISTRICT MATTITUCK \ N •� FIRE DISTRICT MATTITUCK \ UTILITIES VERIZON, LIPA, S.C.W.A. \ \ FEN 124E APPROVED BY FEB. 19, 2014 PLAN PREPARED — — 4157$ + - - � \ 1()74. PLANNING BOARD p2 Sketch Plan for Open - - � i L\ Development Area TOWN OF SOUTHOLD - - v DATE"MARTIN SIDOR 22 .G \ PA`�MENS �Q At S O^ c+2�L \ 0.t . OF O I Mattituck („� y\\ 632 g8 va Town of jp \ O M1 CHAM ASE Southold oL� ao. � ,5g°W of �Vd� Suffolk County, New York Suffolk County Tax Map: '��j Dist. 1000 Sect. 100.00 Block 04.00 Lot 004.000 !.. "s "tilPH goo 0 100 OCT U 2 SCALE:1"=100 FOX LAND SURVEYING 64 SUNSET AVENUE WESTHAMPTON BEACH, N.Y. 11978 (631) 288-0022 JOB NO:2000-367 MAILING ADDRESS: PLANNING BOARD MEMBERS �QF SU�TP.O. Box 1179 DONALD J.WILCENSKI �� Old Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex PIERCE RAFFERTY �Q 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR IyCQU � Southold, NY Telephone: 631 765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 7, 2014 Carmela M. DiTalia, Esq. Esseks, Hefter & Angel, LLP 108 East Main Street Riverhead, NY 11901 Re: Sketch Plan Approval - Proposed Conservation Subdivision Open Development Area Plan for the Sidor Family Located on the s/s/o Oregon Road, approximately 1,305' e/o Mill Road, in Mattituck SCTM#1000-100-4-4 Zoning District: AC Dear Ms. DiTalia: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, October 6, 2014: WHEREAS, this proposal is for an Open Development Area of a 61 acre parcel into three lots where Lot 1 equals 2.6 acres, Lot 2 equals 2.7 acres and Lot 3 equals 1.8 acres, located in the A-C Zoning District. This property includes a LIPA Easement and 53.9 acres of preserved open space; and WHEREAS, on July 28, 2014, the agent submitted the Sketch Plan Application and Sketch Plan; and WHEREAS, on August 18, 2014, the Planning Board, at their Work Session, reviewed the application and found it complete with items to be submitted; and WHEREAS, on August 27, 2014, referrals were sent to the following agencies: 1. Local Water Front Revitalization Program Coordinator 2. Office of the Town Engineer 3. Mattituck Fire Department 4. Suffolk County Department of Health Services 5. Suffolk County Planning Commission; and WHEREAS, on September 4, 2014, the agent submitted items requested at the August 18, 2014 Work Session; and Sidor Family— Page Two - October 7, 2014 WHEREAS, on September 9, 2014, the Planning Board set the Public Hearing for the October 6,,2014 Public Meeting; and WHEREAS, on September 16, 2014, the Mattituck Fire Department responded to the referral request; and WHEREAS, on September 19, 2014, the Suffolk County Planning Commission responded to the referral request; and WHEREAS, on October 1, 2014, the Town of Southold Local Waterfront Revitalization Program (LWRP) Coordinator reviewed this application, and has recommended the proposed project be found consistent with the policies of the Southold Town LWRP; and WHEREAS, on October 2, 2014, the Office of the Town Engineer responded to the referral request; and WHEREAS, the Planning Board has been made aware of flooding due to storm water run- off from the above-referenced parcel to Wickham Avenue. The applicant is working with the Suffolk County Soil and Water Conservation District to create a plan to control the storm water run-off through farming practices; and WHEREAS, on October 6, 2014, the Planning Board, at their Work Session, reviewed the responses from requested agencies and incorporated the comments into the application. The Board found that all requirements have been met pursuant to Article V Sketch Plat; and WHEREAS, on October 6, 2014, the Public Hearing was held and closed; and WHEREAS, an executed contract for the Sale of Development Rights on 53.9 acres exists and is on file with the Town of Southold Land Preservation Department; be it therefore 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 hereby grants Sketch Plan Approval upon the map prepared by David H. Fox, Land Surveyor, entitled "Sketch Plan for Open Development Area Martin Sidor", dated February 19, 2014, and authorizes the Chairman to endorse the map. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J. Wilcdnski Chairman cc: Elizabeth A. Neville, Town Clerk w/map; Melissa Spiro, Land Preservation Coordinator OFFICE LOCATION: MELISSA A. SPIRO QF SO Town Hall Annex LAND PRESERVATION COORDINATOR `�` O l0 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Telephone(631)765-5711 Southold, New York Facsimile(631)765-6640 '�`� �Q MAILING ADDRESS. Irou P.O. Box 1179 . Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Aly Sabatino �i r P✓(.I Planner From: Melanie Doroski Sr.Administrative Assistant Date: February 25, 2015 Re: SCTM #1000-100.-4-4.1 SIDOR- open development area (ODA) Covenants &Restrictions Aly: Attached you will find a copy of the Declaration of Covenants and Restrictions dated December 4, 2014, as executed by Martin H. Sidor, Robert Sidor, Diane Regeness and Joanne Kraebel, and recorded in the Office of the Suffolk County Clerk on 12/18/2014, in LIber D00012800, at Page 785. The original recorded document has been filed in the Southold Town Clerk's office for safe-keeping. Melanie R Z Y III VIII IIII VIII VIII VIII VIII(IIII 1111111111 IN IN 111111(IIII(IIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 12/18/2014 Number of Pages: 11 At: 12 :08:59 PM Receipt Number : 14-0166902 LIBER: DO0O128OO PAGE: 785 District: Section: Block: Lot: 1000 100 . 00 04 .00 004 .001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $55 .00 NO Handling $20.00 NO COE $5. 00 NO NYS SRCHG $15.00 NO TP-584 $0 . 00 NO Notation $0.00 NO Cert.Copies $0 . 00 NO RPT $180.00 NO Fees Paid $275.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County REC EWED FEB 2 3 2015 DEPT.OF LAND PRESERVATION . k Vumber of pages I RECORDED - 2014:Dec•18 12:06:55 PM JUDITH A. PASCALE This document will be public CLERK OF SUFFOLK COUNTY. r ¢e��{t,*il r y ve,ala L DOW 12800.; Soc' IM Security Lumbers F X65 prior to recording. Deed/Mortgage Instrument Deed s Motfgage.Tax Stamp Recording/Filing Stamps ' 3 , . FEES.., o4age Amt. Page/Filing Fee 1. Basic Tax Handling 2:.Additignal Tax . .: Sub."ibtal T---- TP-584 ;. .• ,. Spec:/gss4"t- ' Notation or EA-52 1.7(County} qub.To%l 7 J �� Spec,/Add EA-5217(State TOT...MTa,,TAX "-`- '. DualToWn Dual County _ R.P.T.S.A. Ar ✓ Held for Appointment Comm.of Ed.. 5 ,,: Transfer Tax Mansion Tax - Affidavit The prop:�y eovere4 by this mortgage is Certified Copy or will be ttngrcaved by'a one or two NYS Surchwzq, : 15. .OU.. �D . k) family dwelling only. nb T'otal' YES or NO.. Other a If.NOS seg$pptopnite tax Flause on �3rand Tot" ,1± page# of Vs'o", a ', 4 Dist.,:= 2851002 A �5 iGQ mttriit r'pi�}Ber�a ion Fund � Real Property RDH A I IIID�I IIIA IIIN I�IIIN IgII IIN Consideration Amout'it$ . Tax Service �g DEC-1 Agency CPF Tax Due $ Verification __ -_.. 104 Improved 6 Satisfactions/Discharges/Releases List Rroperty Owners Mailing Address �CO1tD&RETURN TO: Vacant Land A�LriA viE tit!QOSk l _ TD -5W9 o o Sk rW&A t Ac v''• oP LR�'A PR�EIK vs�q'io�! `P.o,.. Box 11 V TD Saw amoo, Aly 1/97/ TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name S7EVAv2T 7—t rzZ AIZ.!�• www.suffolkcountyny.gov/clerk Title# "frl 8 Suffolk County Recording & Endorsement Page This page forms part of the attached &L-R-)f4T-L6,u do &V6A,(A r* A*D AES77elc7lo s made by: (SPECIFY TYPE OF INSTRUMENT) Uj rieo C.EEJri rQusr QArO W t)/tic dr ftef7m 8. The premises herein is situated in Dha -TI. A-M-b Emoet SUFFOLK COUNTY,NEW YORK. TO In the TOWN of L)UyW4'D In the VILLAGE - - - -- --or HAMLET of 44- ' 7uCK BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. p S Stat ID: 2851002 R DHO A 18-DEC-14 Tax Maps District Secton Block Lot School District 1000 10000 0400 004001 1000 10000 0400 004002 1000 10800 0100 004000 i i4a) M STEWART TITLE INSURANCE COMPANY • 707 Westchester Avenue,Suite 411 White Plains.NY 10604 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of this 4th day of December, 2014, by Martin H. Sidor, Robert Sidor, Diane Regeness and Joanne Kraebel, as Co-Trustees of the Unified Credit Trust under the Will of Martin B. Sidor, Jr., for the benefit of Frances Sidor (as to a 50% interest), and also as Co-Executors of the Estate of Frances Sidor (as to a 50% interest), with an address of 2010 Oregon Road, Mattituck, New York 11952, hereinafter collectively referred to as the "DECLARANT"; as owner of the premises designated as the date hereof as SCTM #1000-100-4-4 and shown on a survey prepared by David H. Fox, L.S., P.C., Fox Land Surveying, dated September 22, 2014 and last revised October 1 , 2014, a reduced copy of which is attached hereto and made a part hereof, and two portions of which are designated as "Reserve Area 'A"' and "Reserve Area 'B"'and a portion of which is designated as the"Development Rights Easement Area," and all separately described in the metes and bounds descriptions attached hereto as Schedule"A"and "B"and made a part hereof. WITNESSETH : WHEREAS, DECLARANT is the owner of certain real property situate at 2010 Oregon Road, Mattituck, in the Town of Southold, County of Suffolk and State of New York, (the "Property"); and WHEREAS, DECLARANT received approval by Resolution 2014-847 from the Town Board of the Town of Southold for the establishment of an Open Development Area Plan for a portion of the Property, consisting of a 4.5544 acre area shown as "Open Development Area" (a.k.a Reserve Area "A" or Lots 2 and 3) and a 2.6433 acre area shown as "Open Development Area" (a.k.a. Reserve Area "B" or Lot 1), as shown on a map entitled "Open Development Area `Martin Sidor"' dated September 22, 2014, last revised October 29, 2014; and WHEREAS, the DECLARANT has granted to Town of Southold a Development Rights Easement dated December 4, 2014 for a part of SCTM #1000- 100-4-4; and WHEREAS, for and in consideration of the acceptance of the Grant of Development Rights Easement, the Town Board of the Town of Southold (the "Town Board") has deemed it in the best interests of the Town of Southold (the "Town") and the owner and prospective owners of the Property that the within covenants and restrictions be imposed on the Development Rights Easement Area (the "Easement Area") and Reserve Area "A" and Reserve Area "B", and as a condition of the acceptance of the Grant of Development Rights Easement, the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that this declaration of covenants and restrictions will be in the interests of the DECLARANT and subsequent owners of the Property; NOW, THEREFORE, be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the Easement Area and Reserve Area "A" and Reserve Area "B" shall hereinafter be subject to the covenants and restrictions as set forth herein, which shall run with the land and shall be binding upon all purchasers and holders of the Property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: Any future approval of a petition to the Town in accordance with Town Code Article VIII, Open Development Area, Section 240-30 Creation of lots, to create any lot(s)within either of the filed Open Development Areas (a.k.a. Reserve Area "A" and Reserve Area "B") shall ensure that at least one of the remaining Reserve Areas, or part of a remaining Reserve Area if a lot(s) has been created in a prior approval, shall remain attached to the Easement Area, or part thereof if the Easement Area is subdivided pursuant to 3.03 of the Grant of Development Rights Easement recorded simultaneously herewith. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation upon any local, state, and federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. These covenants and restrictions shall be enforceable by the Town of Southold, by injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. This Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. This Declaration shall run with the land and shall be binding upon DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the premises unless and until a recommendation is made 2 WHEREAS, the DECLARANT has considered the foregoing and has determined that this declaration of covenants and restrictions will be in the interests of the DECLARANT and subsequent owners of the Property; NOW, THEREFORE, be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the Easement Area and Reserve Area "A" and Reserve Area "B" shall hereinafter be subject to the covenants and restrictions as set forth herein, which shall run with the land and shall be binding upon all purchasers and holders of the Property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: Any future approval of a petition to the Town in accordance with Town Code Article VIII, Open Development Area, Section 240-30 Creation of lots, to create any lot(s) within either of the filed Open Development Areas (a.k.a. Reserve Area "A" and Reserve Area "B") shall ensure that at least one of the remaining Reserve Areas, or part of a remaining Reserve Area if a lot(s) has been created in a prior approval, shall remain attached to, and part of, the area which is subject to the Development Rights Easement Area. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation upon any local, state, and federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. These covenants and restrictions shall be enforceable by the Town of Southold, by injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. This Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. This Declaration shall run with the land and shall be binding upon DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the premises unless and until a recommendation is made 2 to do so by the Planning Board and the Land Preservation Committee, and same is approved by a majority plus one vote of the Town Board or its legal successor, following a public hearing. IN WITNESS WHEREOF, the DECLARANT above named, has duly executed the foregoing Declaration the day and year first above written. DECLARANT: The Unified Credit Trust under the Will of Martin B. Sidor, Jr. for the benefit of Frances Sidor, and the Estate of France-s- Sidor BY: �-V• SS;JJ'6 Marlin H. Sidor, as pCo- rustee and Co-Executor BY:(" i'Q" SCC Robert Sidor, as Co-Trustee and Co-Executor BY: Diane Regeness, a o-Trustee and Co-Executor BY: —QvAnnn� [(AQSAJ / AY6ne Kraebel, as Co-Trustee and Co-Executor STATE OF NEW YORK) SS.. COUNTY OF SUFFOLK) On the 4t day of December in the year 2014 before me, the undersigned, personally appeared Martin H. Sidor, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned. Notary Public PATRICIA L. FALLON !Votary Public, State Of New Yogic No. 01 FA4950146 Qua?ified In Suffolk County Commission Expires April 24,41r 3 STATE OF & ) SS.. COUNTY OF ,IGG,c�{ ) On the //4t day of December in the year 2014 before me, the undersigned, personally appeared Robert Sidor, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned. PATRICIA L. FALLON Notary Public, State Of New York No. 01 FA4950146 Nota PubIIC Qualified In Suffolk County Notary nn Commission Expires April 24, ` STATE OF_A ) SS.. COUNTY OF On the '2— day of December in the year 2014 before me, the undersigned, personally appeared Diane Regeness, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and �� •,.... • t h �i-atsuchindividuqijimadde uch appearance before the undersigned. y:yY- JOE M.CARBAJAL z : S NOTARY PUBLIC yt COMMONWEALTH OF VIRGINIA PubIIC MY COMMISSION EXPIRES APR.30,2016 COMMISSION#7093183 SS.. COUNTY OF&{,GFI ) On the 4V day of December in the year 2014 before me, the undersigned, personally appeared Joanne Kraebel, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned. PATRICIA L. FALLON Notary Public, State Of New York No. 01 FA4950146 Nota PUbIIC Qualified in Suffolk County fS Notary Commission Expires April 24, 4 �cr �ewa f 9 .` NEW YORK METRO 800.853-4603 X411- 914-997.1898 tax title insurance company stewan.commymetro SCHEDULE A—DESCRIPTION Title No.: ST14-21992 AMENDED 10/17/2014 DEVELOPMENT RIGHTS EASEMENT: ALL that certain plot,parcel or piece of land,situate,lying and being at Mattituck,in the Town of Southold,County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point on the southerly side of Oregon Road(North Road)distant 1,305.33 feet from the corner formed by the intersection of the southerly side of Oregon Road(North Road)with the easterly side of Mill Road; RUNNING THENCE in a southeasterly direction South 22 degrees 25 minutes 48 seconds East,345.43 feet,the true point or place of beginning; THENCE in as easterly direction North 65 degrees 39 minutes 59 seconds East,536.37 feet to land now or formerly of Charles.Smithen and Barbara Smithen(Town of Southold Development Rights); THENCE along said land South 24 degrees 20 minutes 01 second East, 1,231.93 feet to a point; THENCE still along said land the following two(2)courses and distances: 1) North 73 degrees 05 minutes 49 seconds East,285.71 feet; 2) South 27 degrees 08 minutes 01 second East,246.94 feet to land now or formerly of Peter Deerkoski and Felix Deerkoski(Town of Southold Development Rights); THENCE along said land the following three(3)courses and distances: 1) South 24 degrees 39 minutes 31 seconds East,654.36 feet; 2) North 65 degrees 59 minutes 29 seconds East,344.58 feet; 3) South 24 degrees 38 minutes 01 seconds East,566.10 feet to land now or formerly of the County of Suffolk; THENCE along said land the following two(2)courses and distances: 1) South 76 degrees 19 minutes 59 seconds West,223.04 feet; 2) South 24 degrees 45 minutes 01 second East,63.37 feet to a point; THENCE westerly and southerly the following two courses(2)and distances: 1) South 76 degrees 19 minutes 59 seconds West,367.06 feet; 2) South 13 degrees 40 minutes 01 second East,296.75 feet to the northerly side of Wickham Avenue(Old Middle Road); l THENCE along said northerly side of Wickbam Road(Old Middle Road)South 76 degrees 19 minutes 59 seconds West,659.02 feet to land now or formerly of Adrian H.Courtnay III; THENCE along said land now or formerly of Courtnay(Town of Southold Development Rights)the following two(2)courses and distances: 1) Nortb 21 degrees 54 minutes 50 seconds West,234.20 feet; 2) North 22 degrees 21 minutes 30 seconds West, 1,425.18 feet to land now or formerly of David Page and Barbara Shinn(Town of Southold Development Rights); THENCE along said land North 22 degrees 25 minutes 48 seconds West, 1,204.05 feet to the true point or place of BEGINNING. f f 2 ! t RESERVE AREA"A": ALL that certain plot,parcel or piece of land,situate,lying and being at Mattituck,in the Town of Southold,County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point on the southerly side of Oregon Road(North Road)distant 1,305.33 feet from the corner formed by the intersection of the southerly side of Oregon Road(North Road)with the easterly side of Mill Road; RUNNING THENCE along the southerly side of Oregon Road(North Road)North 59 degrees 22 minutes 22 seconds East,528.08 feet to land now or formerly of Charles Smithen and Barbara Smithen (Town of Southold Development Rights); THENCE along said land South 24 degrees 20 minutes 01 second East,403.13 feet; THENCE in it westerly direction South 65 degrees 39 minutes 59 seconds West,536.37 feet to land now or formerly of David Page and Barbara Shinn(Town of Southold Development Rights); THENCE along said land North 22 degrees 25 minutes 48 seconds West,345.43 feet to the southerly side of Oregon Road(North Road),the point or place of BEGINNING. 3 RESERVE AREA`B": ALL that certain plot,parcel or piece of land,situate,lying and being at Mattituck,in the Town of Southold,County of Suffolk and State of New York,bounded and described as follows: BEGINNING at apoint on the southerly side of Oregon Road(North Road)distant 1,305.33 feet from the corner formed by the intersection of the southerly side of Oregon Road(North Road)with the easterly side of Mill Road; RUNNING THENCE along the southerly side of Oregon Road(North Road)North 59 degrees 22 minutes 22 seconds East,528.08 feet to-land now or formerly of Charles Smithen and Barbara Smithen (Town of Southold Development Rights); THENCE along said land the following three(3)courses and distances: 1) South 24 degrees 20 minutes 01 second East, 1,635.06 feet; 2) North 73 degrees 05 minutes 49 seconds Fast,285.71 feet; 3) South 27 degrees 08 minutes 01 second East,246.94 feet to land now or formerly of Peter Deerkoski and Felix Deerkoski(Town of Southold Development Rights); THENCE along said land the following three_(3)courses and distances: 1) South 24 degrees 39 minutes 31 seconds East,654.36 feet; 2) North 65 degrees 59 minutes 29 seconds East,344.58 feet; 3) South 24 degrees 38 minutes 01 second East,566.10 feet to land now or formerly of County of Suffolk; THENCE along said land the following four(4)courses and distances. 1) South 76 degrees 19 minutes 59 seconds West,223.04 feet; 2) South 24 degrees 45 minutes 01 second East,125.00 feet; 3) South 78 degrees 12 minutes 59 seconds West, 10.26 feet; 4) South 24 degrees 45 minutes 01 second East,241.10 feet to the northerly side of Wickham Avenue(Old Middle Road),the true point or dace of beginning; THENCE along said northerly side of said Wickham Avenue(Old Middle Road)South 76 degrees 19 minutes 59 seconds West,415.00 feet; THENCE North 13 degrees 40 minutes 01 second West,296.75 feet; THENCE North 76 degrees 19 minutes 59 seconds East,367.06 feet to land now or formerly of County of Suffolk; THENCE along said land the following three(3)courses and distances: 1) South 24 degrees 45 minutes 01 second East,61.63 feet; 2) South 78 degrees 12 minutes 59 seconds West, 10.26 feet; 3) South 24 degrees 45 minutes 01 second East,241.10 feet to the northerly side of Wickham Avenue(Old Middle Road),the true point or place of BEGINNING. COMPOSITE DESCRIPTION: 4 ALL that certain plot,parcel or piece of land,situate,lying and being at Mattituck,in the Town of Southold,County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point on the southerly side of Oregon Road(North Road)distant 1,305.33 feet from the corner formed by the intersection of the southerly side of Oregon Road(North Road)with the easterly side of Mill Road; RUNNING THENCE along the southerly side of Oregon Road(North Road)North 59 degrees 22 minutes 22 seconds East,528.08 feet to land now or formerly of Charles Smithen and Barbara Smithen (Town of Southold Development Rights); THENCE along said land the following three(3)courses and distances: 1) South 24 degrees 20 minutes 01 seconds East, 1,635.06 feet; 2) North 73 degrees 05 minutes 49 seconds East,285.71 feet; 3) South 27 degrees 08 minutes 01 seconds East,246.94 feet to land now or formerly of Peter Deerkoski and Felix Deerkoski(Town of Southold Development Rights); THENCE along said land the following three(3)courses and distances: '1) South 24 degrees 39 minutes 31 seconds East,654.36 feet; 2) North 65 degrees 59 minutes 29 seconds East,344.58 feet; 3) South 24 degrees 38 minutes 01 seconds East,566.10 feet to land now or formerly of the County of Suffolk; THENCE along said land the following four(4)courses and distances: 1) South 76 degrees 19 minutes 59 seconds West,223.04 feet; 2) South 24 degrees 45 minutes 01 second East, 125.00 feet; 3) South 78 degrees 12 minutes 59 seconds West, 10.26 feet; 4) South 24 degrees 45 minutes 01 second East,241.10 feet to the northerly side of Wickham. Avenue(Old Middle Road); THENCE along said road South 76 degrees 19 minutes 59 seconds West, 1074.02 feet to land now or formerly Courtnay(Town of Southold Development Rights)the following two(2)courses and distances: 1) North 21 degrees 54 minutes 50 seconds West,234.20 feet; 2) North 22 degrees 21 minutes 30 seconds West, 1,425.18 feet to land now or formerly of David Page and Barbara Shinn(Town of Southold Development Rights); THENCE along said land North 22 degrees 25 minutes 48 seconds West,1,549.48 feet to the southerly side of Oregon Road(North Road)the point or place of BEGINNING. For Deed Description Only(Not for Policy): Being and intended to be the same premises described in a certain deed from Frances Sidor,as Executrix of the Last Will and Testament of Martin B.Sidor,Jr.dated 11/24/2003 recorded 12/2/2003 in Liber 12287 Page 387 and by deed from Martin Sidor,Jr.,dated 7/23/1996 recorded 7/29/1996 in Liber 11784 Page 686. 5 * CC# : C14-50588 �.J 5 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original EASEMENT recorded in my office on 12/18/2014 under Liber D00012800 and Page 786 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 1211812014 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL � ,l/7 _ I I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII IIIIII(IIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 12/18/2014 Number of Pages: 38 At: 12 :08:59 PM Receipt Number : 14-0166902 TRANSFER TAX NUMBER: 14-13201 LIBER: D00012800 PAGE : 786 District: Section: Block: Lot: 1000 100 .00 04 .00 004 .002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $3,503,500 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $190 . 00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $5 .00 NO Notation $0 .00 NO Cert.Copies $40 .00 NO RPT $60 .00 NO Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO Fees Paid $335.00 TRANSFER TAX NUMBER: 14-13201 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages . RECORDED .2014 Dec 10 12:08:59 Phi This document will be public JUDITH A. PASCALE' CLERK OF record. please,remove all SUFFOLK*COUNTY 9•pi bl�al SecOfIff Numbers L DOO s +� P .705 prior to recording. T w ",.. Deed/Mortgage,,Instrument, Deed/..Mortgage,Tax Stamp Recording/Filing Stamps 3 I FEES t,.. Mortgage Amt. Page/Filing Few 1. Basic'Tax - Handling 00 2, Additional Tax TP-584 -•-'" ., Sub Total. .. Notation �'""' or EA-52'17 (County) Sub Total Spec. /Add. TOT;.-MT. :Dual Town Dual:County RP,T.S.A. ,s Held fbri ,ppointment. Comm. of Ed. S. 00 Transfer Tax, + *' Mansion•Tax,.. Affidavit The property covered by this mortgage i Cued Copy ' ,� `or will.!be.;ixngxoyed.by.a one or tw NYS Surcharge. 15. .00 y. � family dwefling only. Sub Total YES or NO If Other Graiad Total NO, see appropriate tax.clause on 'p4ge# _,of this instnAe 4 Dist.l0fi ►`. 2851007 1000 10000 0400 004002 'S Community Preservation Fun Real Property P T S u Consideration Amount $ r.35- Tax Service R DHO A IIIIIIII�IIIINVIIII�IaIIII�III�I Agency 18-DEC-1 CPF Tax Due: $. Verificatio Improved 6 Satisfac 'ons/Discharges/Relpases..Lv'AProperty Owners Mailing Address RECORD &RETURN TO: Vacant Land ��L,RNi� .�1d�osKl•,. TD T aN aG sauny-ax.a, .Derr, `oF �.R�o PRS +errwrro�/ //77 TD 14 TP. Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Com]2any Information 310 Center Drive, Riverhead, NY 11901 Co.Name zv '7r 77,E /nlS. www.suffoli(countyny.gov/clerk fie# $ Suffolk Cont Re' cordin'g & Endorsement Pa e This page.forms part of the attached d F bete OPm�+rT �i T (SPECIFY TYPE OF 1NSTRUM UAIlr/9 /r T&C X7 unroK ZOr-014A DThe premises herein is situated MM/AI 8.J/,604,Jt AA(, 7NC)&09r61C A r SUFFOLK COUNTY, NEW Y, �^ TO In the�TOWN of c�bu ra,' '7eWAI o� YOU r�OAJ - u �}'. i In the VILLAGE or HAMLET of 497' BOX:E9*6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR 7 STEWART TITLE INSURANCE COMPANY 707 Westchester Avenue,Suite 411 White Plains,NY 10604 GRANT OF DEVELOPMENT RIGHTS EASEMENT ,TfiIS GRAN OF DE ELOPMENT RIGHTS EASEMENT, is made on the day of , 2014 at Southold, New York. The parties are Martin H. Sidor, Robert Sidor, Diane Regeness and Joanne Kraebel, as Co-Trustees of the Unified Credit Trust under the Will of Martin B. Sidor, Jr., for the benefit of Frances Sidor (as to a 50% interest), and also as Co-Executors of the Estate of Frances Sidor (as to a 50% interest), with an address of 2010 Oregon Road, Mattituck, New York 11952 (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 called "Grantee") and the United States of America ("United States") by and through the United States Department of Agriculture ("USDA") Natural Resources Conservation Service ("NRCS") acting on behalf of the Commodity Credit Corporation, as its interest appears herein, for the purpose of forever conserving the agricultural productivity of the Protected Property and its value for resource preservation and as open space. 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 #1000-100-4-4, more fully described in SCHEDULE "A" attached hereto and made a part hereof and hereinafter referred to as the " Protected Property" and shown on the survey prepared by David H. Fox, L.S., P.C., Fox Land Surveying, dated September 22, 2014 and last revised October 1, 2014 (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"); and WHEREAS, the Protected Property is located in the A-C Zoning District of the Town of Southold; and WHEREAS, the Protected. Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture, Natural Resources Conservation Service's (formerly the Soil Conservation Service) Soil Survey of Suffolk County, New York; and WHEREAS, the Federal Farm and Ranch Lands Protection Program's purpose is to assist in the purchase of conservation easements on land with prime, unique, or other productive soil for the purpose of protecting topsoil from conversion to nonagricultural uses (16 U.S.C. 3838h and 38381). Under the authority of the Farm and Ranch Lands Protection Program, the United States Department of Agriculture Natural Resources Conservation Service (hereinafter the "United States" or "NRCS") acting on behalf of the Commodity Credit Corporation, has provided One Million Eight Hundred Ninety-Eight Thousand Dollars ($1,898,000.00) to the Grantee for the acquisition of this Easement, entitling the United States to the rights identified herein. WHEREAS, the Protected Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Protected Property for agricultural production as defined in this Easement; and WHEREAS, the Protected Property is currently used for agricultural production; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Protected 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 Protected 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 Protected 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 2 t to restrict the further development of the Protected Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of THREE MILLION FIVE HUNDRED THREE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($3,503,500.00) 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 Protected Property herein, more particularly bounded and described on Schedule "A" 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 Protected 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 fee title to the Protected Property, and the exclusive right of occupancy and of use of the Protected Property, subject to the limitations, conditions, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Protected Property. The Grantor, for itself, and for and on behalf of its 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 Protected Property described in Schedule "A", free of any mortgages or liens, as set forth in Stewart Title Insurance Company Title Report No. ST14-21992 and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, including 3 development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic, conservation and agricultural values of the Protected Property and have the common purpose of preserving these values by limiting nonagricultural uses of the Protected Property. This instrument is intended to convey a Development Rights Easement on the Protected Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural, conservation and natural values by preventing the use or development of the Protected Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental 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 §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code ("IRC") and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance and execution of this Development Rights Easement that present uses of the Protected Property, and related structures and improvements on the Protected Property, if any, are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Protected Property's natural, scenic, conservation, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Protected Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Protected Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Protected Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a survey prepared by David H. 4 Fox, L.S., P.C., Fox Land Surveying, dated September 22, 2014 and last revised October 1, 2014, and a Phase 1 Environmental Site Assessment prepared by Nelson Pope and Voorhis, LLC dated August 6, 2014. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Protected Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and 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 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Protected Property for uses or purposes consistent with the terms of this Easement, including agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") now, or as Chapter 70 may be amended and including the production of crops, livestock and livestock products as presently defined in §301(2)(a)-(j) of the New York State Agriculture and Markets Law ("Agriculture and 5 Markets Law"), now, or as §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Farm Labor Housing" shall mean dwellings or structures, together with accessory improvements used to house seasonal and/or full-time employees where such residences are provided by the farm landowner and/or operator employed in the operation of the farm and the farm worker is not a partner or owner of the Farm Operation. For instance, a structure used as a primary residence of a farm owner is not "farm labor housing". "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Protected Property" shall mean the property subject to this Easement, consisting of part of SCTM# 1000-100-4-4, more fully described in the Schedule "A" attached hereto and made a part hereof and shown on the survey prepared by David H. Fox, L.S., P.C., Fox Land Surveying, dated September 22, 2014 and last revised October 1, 2014 (a reduced copy of which is attached hereto and made a part hereof). "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm roads, farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Protected Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 6 1.03 Duration This Easement shall be a burden upon and run with the Protected Property in perpetuity. 1.04 Effect This Easement shall run with the Protected Property as an incorporeal interest in the Protected Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. The word ""Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor and/or Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for THREE MILLION FIVE HUNDRED THREE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($3,503,500.00) 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: 7 3.01 Structures No structures may be erected or constructed on the Protected Property except as permitted by the Southold Town Land Preservation Committee ("Land Preservation Committee") and other applicable provisions of the Town Code and this Easement, included but not limited to Section 1.02, Section 3.07 and Section 4.06 of this Easement. 3.02 Excavation and Removal of Materials; Mining Mineral exploitation, and extraction of any mineral (including, but not limited to soil, gravel, sand and hydrocarbons) by any method, surface or subsurface, is prohibited. Grantor shall not remove or fill topsoil, sand, or any other materials, nor shall the topography of the Protected Property be changed except in connection with the construction and maintenance of any structure or improvement expressly permitted to be placed or constructed on the Protected Property, under the terms herein. Grantor may remove topsoil, sand or other materials for purposes or erosion control and soil management only with the prior written approval of Grantee. The Land Preservation Committee has the right to require a Natural Resources Conservation Service (NRCS) farm management plan for the Protected Property prior to the removal of topsoil, sand or other materials, based on the extent and type of materials removed or on the alteration of the topography of the Property. Agricultural practices that are determined to be in accordance with an NRSC farm management plan shall not be prohibited. 3.03 Subdivision Except as provided in this Section 3.03, the Protected Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the Protected Property from which the development rights are acquired into two or more parcels, in whole or in part. 8 Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, subdivide the Protected Property into three (3) parcels, as depicted on the attached Schedule "B". In the event that the Protected Property is subdivided, any portion of the Protected Property so subdivided shall remain subject to this Easement. Subject to the approval of the Grantee, the allocation of the following rights between the subdivided parcels shall be determined by the Grantor and shall be set forth in the deed for any subdivided parcel conveyed, in an amendment to this Easement, or in another appropriate document to be recorded in the office of the County Clerk: (1) Construction of impervious surfaces as set forth in Section 3.07 ("Impervious Surfaces"); and (2) Construction or placement of structures under Section 4.06 ("Structures"); and (3) Construction or placement of utilities under Section 3.06 ('Utilities"). Such allocation of the rights listed in paragraphs (1)-(3) shall not result in total allowances greater than those allowed under each such section. Boundary line adjustments are permitted in the case of technical errors made in the survey or legal description. In such cases, - boundary line adjustments cannot exceed 2 (two) acres for the entire Protected Property. Boundary line adjustments needed to correct technical errors that exceed 2 (two) acres will require Grantor and Grantee to amend this Easement pursuant to Section 7.02 ("Amendment"). Grantor may also seek to adjust lot lines between the Protected Property and adjacent agricultural parcels, provided that such adjustments do not result in any loss of acreage to the Protected Property. No new parcel may be created by such boundary line adjustments. Prior to making any subdivision or other application to adjust the lot lines of the Protected Property, Grantor shall consult with NRCS to 9 ensure that any subdivided parcels meet all NRCS eligibility requirements. Grantor shall provide NRCS with copies of any and all documents requested by NRCS in connection therewith. Mortgages or other non-possessory interest in land do not constitute subdivision for the purpose of this Easement, provided that such interests encompass the whole Protected Property. Only a part of the Protected Property that has been legally sold or conveyed separately from the remainder of the Protected Property, in conformity with this Section 3.03, may be mortgaged separately from the remainder of the Protected Property. The provisions of this section 3.03 are subject to a further Declaration of Covenants and Restrictions, recorded simultaneously with this Easement. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Protected Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Protected Property, including fertilization, composting and crop removal. This prohibition will not prevent generally accepted agricultural or wildlife management practices, such as creation of brush piles, composting, or the storage of farm machinery, organic matter, agricultural products, or agricultural byproducts on the Protected Property. Notwithstanding the foregoing, the storage and treatment of sewage associated with buildings permitted on the Protected Property is permitted by this Easement. 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 Protected Property and only for any of the following purposes: (a) to state the name of the Protected Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Protected Property or any portion thereof for sale or rent, (c) to post the Protected Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce 10 Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The granting of easements for utilities and installation of new utilities (power lines, gas lines, sewer lines, water lines, telecommunications towers, and wind farms) is prohibited as an encumbrance on the Protected Property rights of the United States. Notwithstanding that prohibition, Grantor may grant easements for the installation of utilities necessary for permitted uses of the Protected Property. Existing utilities may be replaced or repaired at their current location. The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Protected Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Protected Property. The Protected Property may not be used for the creation or placement of utilities to service any other properties. Grantor shall also have the right to erect structures and improvements necessary for the purpose of generating renewable energy for the agricultural needs of the Protected Property. Renewable energy structures and improvements may be built as permitted by Section 4.06 herein and the Town Code, now or as it may be amended, and subject to the approval of the Town of Southold Land Preservation Committee, provided the structures and improvements are consistent with and do not derogate from a defeat the Purpose of this Easement on other applicable laws. Renewable energy sources must be built in accordance with impervious surface limits, with minimal impact on the conservation values of the Protected Property and consistent with the Purpose of this Easement. 3.07 Impervious Surfaces Impervious surfaces are defined to include permitted residential buildings, agricultural buildings (with or without flooring), and paved 11 areas on the Protected Property (but not including public or country roads or other roads paved by easement holders who have rights that may be superior to the rights conveyed to Grantee by this Grant of Development Rights Easement) may not exceed eight percent (8%) of the total Protected Property acreage. In the event the Protected Property is subdivided as provided in Section 3.03 above, the total cumulative impervious surface found on each subdivided parcel shall not exceed the eight percent (8%) impervious surface limitation. In the instrument of subdivision, the total impervious surface limit must be allocated between each subdivided parcel by the Grantor with the prior approval of the Grantee. 3.08 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Protected Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now or as Chapter 70 may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now or as said §301 (2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, 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 Protected Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Protected Property. 3.09 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 12 shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the NRCS. 3.10 Conservation Plan All agricultural operations on the Protected Property shall be conducted in a manner consistent with a resource management system (RMS) Conservation Plan (the "Conservation Plan") prepared by the NRCS utilizing the standards and specifications of the NRCS Field Office Technical Guide, 7 CFR Part 12 and approved by the Suffolk County Soil and Water Conservation District. All lands enrolled in the Farm and Ranch Lands Protection Program will be subject to the Conservation Plan. The resource management system for cropland, prescribed in the Conservation Plan for all cropland enrolled in FRPP, will assure that selected conservation practice alternatives will prevent sheet and rill erosion from exceeding the current published soil loss tolerance level. Grantor shall give Grantee copies of the Conservation Plan upon request and advise Grantee of amendments thereto so as to enable Grantee to keep its records current. 3.11 Conservation Compliance Provisions of the Conservation Plan As required by Section 1238I of the Food Security Act of 1985, as amended, the Grantor, its heirs, successors, or assigns, shall conduct all agricultural operations on the Protected Property in a manner consistent with a conservation plan (the "Conservation Plan") prepared in consultation with NRCS and approved by the Suffolk County Soil and Water Conservation District. This Conservation Plan shall be developed using the standards and specifications of the NRCS Field Office Technical Guide (FOTG) and 7 CFR Part 12 that are in effect on the date of this Easement. However, the Grantor may develop and implement a conservation plan that proposes a higher level of conservation and is consistent with the NRCS Field Office Technical Guide standards and specifications. NRCS shall have the right to enter upon the Property, with advance notice to the Grantor, in order to monitor compliance with the Conservation Plan. 13 In the event of noncompliance with the Conservation Plan, NRCS shall work with the Grantor to explore methods of compliance and give the Grantor a reasonable amount of time, not to exceed twelve months, to take corrective action. If the Grantor does not comply with the Conservation Plan, NRCS will inform Grantee of the Grantor's noncompliance. The Grantee shall take all reasonable steps (including efforts at securing voluntary compliance and, if necessary, appropriate legal action) to secure compliance with the Conservation Plan following written notification from NRCS that (a) there is a substantial, ongoing event or circumstance of non-compliance with the Conservation Plan, (b) NRCS has worked with the Grantor to correct such noncompliance, and (c) Grantor has exhausted its appeal rights under applicable NRCS regulations. Grantor shall be liable for any costs incurred by NRCS as a result of the Grantor's negligence or failure to comply with the conservation easement requirements as it relates to conservation plan violations. If the NRCS standards and specifications for highly erodible land are revised after the date of this Easement based on an Act of Congress, NRCS will work cooperatively with the Grantor to develop and implement a revised Conservation Plan. The provisions of this section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program and are not intended to affect any other natural resources conservation requirements to which the Grantor may be or become subject. 3.12 Drainage The use of the Protected Property for a leaching or sewage disposal field shall be prohibited. The use of the Protected Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and the Conservation Plan and in order to control flooding or soil erosion on the Protected Property. 3.13 Development Rights The use of the acreage of this Protected 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 Protected Property) on the Protected Property, except for the right 14 to use the Protected Property for agricultural production as set forth in Article Four below and the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. 3.14 Roads Existing roads, as identified in the Baseline Documentation Report may be maintained and repaired in their current state. New roads may be constructed only if they are necessary for agricultural operations on the Protected Property. Paved roads are subject to the impervious limitation in section 3.07. 3.15 Fences Existing fences may be repaired and replaced and few fences built.on the Protected Property as necessary for agricultural operations on the Protected Property, including customary management of livestock and to delineate the boundary of the Protected Property, subject to applicable provisions of the Town Code. 3.16 Motorized Vehicle Use Grantor may not use motor vehicles on the Protected Property or grant permission for such use except as necessary in the accomplishment of the agricultural, forestry, habitat management, law enforcement and public safety, or other permitted uses of the Protected Property, provided that no use of motorized vehicles may create impacts that are detrimental to the productivity of the soils on the Protected Property and the purposes of this Easement; however, notwithstanding the foregoing, use of snowmobiles on snow is allowed on the Protected Property. 3.17 Industrial or Commercial Uses The establishment of any commercial or industrial facilities is prohibited (other than those necessary in the operation or uses of the Protected Property expressly permitted by this Easement) including but not limited to, a commercial feed lot, any retail sales or service business, restaurant, night club, campground, trailer park, motel, hotel, commercial recreation facility, gas station, retail outlet, or 15 facility for the manufacture or distribution of any product (other than products to be grown or produced on the Protected Property in connection with the purposes expressly permitted in this Easement). 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 Protected 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 Protected Property. 4.03 Use Grantor shall have the right to use the Protected 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 Protected Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. Grantor shall also have the right to use the Protected Property for traditional private recreational uses, including, but not limited to, hunting, cross-country skiing, camping, and horseback riding, subject to the limitations set forth in this Easement, including Section 3.01 and 4.06 ("Structures"), provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for sale or for other commercial purposes, including the commercial gain of Grantor or others. 16 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 Protected 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, fallen, or interfering with agricultural production, to clear wooded areas for agricultural production in accordance with the Town Code, to thin and prune trees to maintain or improve the appearance of the Protected Property, and to mow the Protected Property. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now, or as Chapter 70 may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now, or as §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Grantor shall maintain discretion to employ its choices of farm uses and management practices so long as those uses and all operations are conducted in accordance with the Conservation Plan referred to in Section 3.10. Grantor may offer "U-Pick" operations and/or the use of a corn or other crop maze to the general public, provided such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the above, '"U-Pick" activities shall be deemed a harvesting activity, which is part of a typical agricultural use of the Protected Property, and, therefore, shall not be deemed a recreational use. Agri-tourism activities are permitted, such as farm tours, work experiences, field trips, corn mazes, and hayrides. 17 Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited, except as set forth in §4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other conservation instrument, including but not limited to farmstands. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following structures and improvements on the Protected Property, as may be permitted by the Town Code, now or as it may be amended, and subject to the approval of the Town of Southold Land Preservation Committee, provided the structures are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Protected Property and agricultural operations on adjacent properties; (ii) Construction of new structures, including those used for renewable energy production, provided such structures are necessary for or accessory to agricultural production; (iii) Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural; (iv) Any improvement excluded from the definition of "structure" in Section 1.02. (v) lot coverage with impervious surfaces shall be limited to eight percent (8%) of the area of the Protected Property; 18 B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Farm Labor Housing Subject to Section 4.06 of this Easement, Grantor may construct or place new dwellings on structures exclusively for Farm Labor Housing, limited to no more than one percent (1%) of the Protected Property. 4.08 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.09 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Protected Property but only subject to this Easement. Grantor shall promptly notify Grantee and the United 19 States Secretary of Agriculture of any conveyance of any interest in the Protected Property, including the full name and mailing address of any transferee, and, in the case of a transfer to an entity, the individual principals thereof. 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. 4.10 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Protected Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and Purpose of this Easement as set forth in Section 0.03. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Protected Property, including any taxes or levies imposed to make those payments subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 General Indemnification Grantee and the United States have no obligations whatsoever, express or implied, relating to the use, maintenance or operation of the Protected Property. Grantee's or the United States' exercise of, or failure to exercise, any right conferred by this Easement shall not be deemed to be management or control of the activities on the Protected Property. Grantee shall not be liable to Grantor for injuries or death to 20 persons or damage to property or any other harm in connection with Grantee's administration and/or enforcement of this Easement, unless such harm is due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. Grantor shall indemnify and hold harmless Grantee and the United States, their employees, agents and assigns from any and all liabilities, claims, demands, losses, expenses, damages, fines, fees, penalties, suits, proceedings, actions and costs of actions, sanctions asserted by or on behalf of any person or governmental authority, and other liabilities (whether legal or equitable in nature and including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees on appeal) to which Grantee or the United States may be subject or incur relating to the Protected Property, which may arise from, but are not limited to, Grantor's negligent acts or omissions or Grantor's breach of any representation, warranty, covenant, or agreements contained in this instrument, or violations of any Federal, State or local laws, including all Environmental Laws, as defined below. 5.02A Environmental Warranty "Environmental Law" or "Environmental Laws" means any and all Federal, State, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and community right-to- know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect. "Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment. Grantor warrants that it is in compliance with, and shall remain in compliance with, all applicable Environmental Laws. Grantor 21 warrants that there are no notices by any governmental authority of any violation or alleged violation of, non-compliance or alleged non- compliance with or any liability under any Environmental Law relating to the operations or conditions of the Protected Property. Grantor further warrants that it has no actual knowledge of a release or threatened release of Hazardous Materials on, at, beneath or from the Protected Property, as such substances and wastes are defined by applicable Federal and State law. Moreover, Grantor hereby promises to hold harmless and indemnify the Grantee and the United States against all litigation, claims, demands, penalties and damages, including reasonable attorneys' fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at, beneath or from the Protected Property, or arising from or connected with a violation of any Environmental Laws by Grantor or any other prior owner of the Protected Property. Grantor's indemnification obligation shall not be affected by any authorizations provided by Grantee or the United States to Grantor with respect to the Protected Property or any restoration activities carried out by Grantee at the Protected Property; provided, however, that Grantee shall be responsible for any Hazardous Materials contributed after this date to the Protected .Property by Grantee. 5.03 Grounds Maintenance Requirement If Grantor leaves the Protected Property open and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement a Natural Resources Conservation Plan (the "Plan") approved by Grantee, including the Town of Southold Land Preservation Committee, to maintain or restore the Protected Property to the condition in which it existed on the date of this Easement, as evidenced by the documentation referred to in Section 0.05, in order to protect the environmental, natural, scenic, conservation and agricultural values of the Protected Property. This shall not include restoration of trees on formerly wooded areas which were cleared for agricultural production. In the event Grantor fails to comply with the provisions of this section after reasonable written notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to implement the Plan, and to recover the costs of such implementation from Grantor, as provided in Section 5.02 and Section 6.03. 22 ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Protected Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Protected Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld, and not more frequently than annually without Grantor's consent. Representatives of the United States Department of Agriculture shall also have the right to enter the Protected Property for monitoring Conservation Plan implementation, upon prior notice to Grantor and not more frequently than annually without Grantor's consent. Grantee shall not have the right to enter upon the Protected Property for any other purposes, except as provided in Section 5.03 and 6.03, or to permit access upon the Protected Property by the public. 6.02 Restoration In addition to Grantee's remedies under Section 5.03, Grantee shall have the right to require the Grantor to restore the Protected Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Protected Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather, disease, animal or pest action, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Protected 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 23 part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) days' written notice thereof by Grantee (which notice requirement is expressly agreed by Grantor to be reduced with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires more 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 Protected 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 Protected Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To enforce any term, provision, covenant or obligation in this Easement or to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in the Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within thirty (30) days. Grantor shall pay either directly or by reimbursement to Grantee and/or to the United States of America, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee or the United States of America (herein called "Legal Expenses") in connection with any proceedings under this Section, as approved by the Court. 24 Under this Grant of Development Rights Easement, the United States is granted the right of enforcement in order to protect the public interest. The Secretary of the United States Department of Agriculture (the "Secretary") or his or her assigns, on behalf of the United States, may exercise this right of enforcement under any authority available under State or Federal Law if the Town of Southold, or its successors or assigns, fails to enforce any of the terms of this instrument, as determined in the sole discretion of the Secretary. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or by registered or certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. 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 to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Where notice is required to the United States of America or to the NRCS,-such notice shall be delivered to U.S. Department of Agriculture, NRCS, c/o Commodity Credit Corporation, State Conservationist, The Galleries of Syracuse, 441 South Salina Street, Suite 354, Syracuse, New York 13202-2450. Notice to the NRCS shall be deemed notice to the United States of America. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 25 6.06 Extinguishment of Easement/Condemnation The interest of the United States in this Easement is a vested property right that cannot be condemned by State or local governments and may not be extinguished, terminated or condemned without the express written consent of the United States. No proceeding to extinguish or terminate this Easement or to condemn the Protected Property in whole or in part shall be commenced without advance notice to NRCS and the express written consent of the United States. At the mutual request of Grantor and Grantee and the United States of America, a court with jurisdiction may, if it determines that conditions surrounding the Protected Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Protected Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Protected Property or any portion thereof shall be taken or condemned by eminent domain, approved in advance by the United States Department of Agriculture NRCS, then this Easement shall terminate with respect to the Protected Property, or portions thereof so taken or condemned, and the Protected Property shall not be subject to the limitations and restrictions of this Easement. In such event, NRCS will collect Commodity Credit Corporation's share of the Easement based on the appraised fair market value of the Easement at the time the Easement is extinguished or terminated or the Protected Property is condemned. The Commodity Credit Corporation's share will be in proportion to its percentage of original investment. In the event of a condemnation action, approved and consented to by the United States, the Grantor, its successors or assigns, shall not be required to pay any penalties. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between the parties concerning its subject matter. Any prior agreement between 26 the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement is made with the intention that it shall qualify as a conservation easement in perpetuity under Code Section 170(h). The parties agree that amendments to the provisions of this Easement may be permitted by Grantee if such amendment shall be necessary to entitle Grantor to meet the requirements of Code Section 170(h) and/or to enable Grantee to amplify the public benefits attributable to this Easement. This Easement can be amended and modified only in accordance with the common and statutory laws of the State of New York applicable to the modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement, with the written approval of the Secretary of the United States Department of Agriculture, provided however, that Grantee shall have no right or power to agree to any amendment hereto that would result in this Easement failing to qualify as a valid conservation easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, or any regulation issued pursuant thereto. 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. The United States of America shall also consent to any such alienation. In addition to the limitations set forth above, Grantee shall have the right, subject to the provisions of Section 6.03 (Enforcement Rights of Grantee) herein, to transfer all or part of this Easement to 27 any public agency, or private non-governmental organization, that at the time of transfer is a "qualified organization" under §170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any subsequent owner, and the United States Department of Agriculture, NRCS. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. The United States Department of Agriculture, NRCS, will be notified in writing in advance of such transfer. The NRCS State Office must approve the choice of any new non-governmental organization in advance of any transfer of this Easement. 7.04 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 New York law applicable to deeds to and easements on land located within the State of New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 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 consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth 28 of the restrictions on use of the Protected Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited its right to use the Protected 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 Protected Property, or to use images of the Protected Property. Grantee may use images of the Protected Property only for non- commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Proceeds This Easement immediately vests real property interests in the Grantee and the United States, and may only be extinguished with the approval of the Grantee and the United States. Due to the federal interest in this Easement, the United States must consent to any condemnation action of the federal interest. If the State or local government proposes to condemn the Protected Property, NRCS must be notified immediately and the consent of the United States must be 29 received by the condemning agency before any condemnation action may proceed. In a sale or exchange of all or a portion of the Protected Property subsequent to an extinguishment or condemnation action, the United States' share of the proceeds shall be proportionate to its percentage of original investment. Grantee will use all its share of the proceeds from the sale of the Protected Property in a manner consistent with the conservation purpose of this Easement and the purposes of the Farm and Ranch Lands Protection Program. The United States' share shall be based on the appraised fair market value of the conservation easement at the time the Easement is extinguished or terminated. The fair market value of the Easement will be determined at the time the Easement is terminated, extinguished, or condemned by a complete summary appraisal that meets the Uniform Standards of Professional Appraisal Practice (USPAP) or Uniform Acquisition Standards for Federal Land Acquisition (UASFLA), approved by the Grantee and the United States of America, and completed by a New York State certified general appraiser. The fair market value of the Protected Property may not include any increase in value after the date of this New York Easement Deed that is attributable to improvements. 7.12 Merger In the event that the Grantee(s) or the United States takes legal title to Grantor's interest in the Protected Property, the Grantee must commit the monitoring and enforcement of the Easement to another qualified organization within the meaning of Section 107(h)(3) of the United States Internal Revenue Code (1986), as amended, which organization has among its purposes the conservation and preservation of land and water areas. 7.13. Subsequent Liens on Protected Property No provision of this Conservation Easement should be construed as prohibiting the ability of Grantor to use the Protected Property as collateral for a subsequent borrowing. Any subsequent liens on the Protected Property must be subordinate to this Easement. 30 IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: The Unified Credit Trust under the Will of Martin B. Sidor, Jr. for the benefit of Frances Sidor, and the Estate of Frances Sidor, Grantors BY: . Lob, Martin H. Sidor, as Co-Trustee and Co-Executor (-2ABY: Robert Sidor, as Co-Trustee and Co-Executor BY: --' - Diane Regeness, as -Trustee and Co-Executor BY: Johne Kraebel, as Co-Trustee and Co-Executor ACKNOWLEDGED AND ACCEPTED: TOWN OF SOU3T�PDLD, Grantee BY: 44ee��e SCO A. RUSSELL, SUPERVISOR Acceptance of Property Interest by the Natural Resources Conservation Service The Natural Resources Conservation Service, United States Department of Agriculture, an agency of the United States Government, hereby accepts and approves the foregoing Grant of Development Rights Easement, and the rights conveyed therein, on behalf of the United States of America. Auth ized Signatory for the NRCS GREGORY A. KIST, State Conservationist 31 STATE OF NEW YORK ) COUNTY OFSS: On this,el,,-,Vday of�vm.,m%ex in the year 2014 before me, the undersigned, personally appeared GREGORY A. KIST, personally known to me or proved to me on the sis of satisfactory evidence to be the individuaj whose nam is are) subscribed to the within instrument and acknowledged to me that /she/they executed the same in pis1her/their capacity; and that by her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals) acted, executed the instrument. KIMBERLEY A.GLENN Af — Notary Public otary Pu i No.01 GL5089252 County of Onondaga,State of N.Y. STATE OF Afew Commission Expjrw COUNTY 0FsLcxr,3k,K ), SS. December S, 17 On the JA day of 4tg, in the year 2014 before me, the undersigned, personally appeared Martin H. Sidor, 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 indlvldual(s), or the person upon behalf of which the individual(s)acted, executed the instrument. Abl�� f, 'A z&'z Signatur%fce of individual taking acknowlment PATRICIA L. FAL Notary Public, State Of Newyork No. 01 FA4950146 fled in Suffolk STATE OF Afz&' VmK) commiss on Expires April county COUNTY OF, F �X), SS. On the 14 day of Lee, in the year 2014 before me, the undersigned, personally appeared Robert Sidor, 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 individual(s) acted, executed the instrument. Signatur%ffce of individual taking acknowledgement PATRICIA L. FALLON 32 Notary Public,state Of New York No. 01 FA4950146 Quallfied In Suffolk CountY 2 !� Commission Expires Aprt4, STATE OF V-Y�- . COUNTY OFA' A�) , SS: On the Z day of ✓in the year 2014 before me, the undersigned, personally appeared Diane Regeness, 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 Individual(s) acted, executed the instrument. Jd� I C ARgAJAL BUC i na indiv/dua-11 ack 201 of vfRa�N►A PIRES APR.30, 6. COMCOM�ISS ON#7093183 STATE OF A&-IrJ k kK) COUNTYOF,-�ttFRAK), SS: On the 64- day of in the year 2014 before me, the undersigned, personally appeared Joanne Kra ebel, 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. Signatur%ffice of individual taking acknowledgement PATRICIA L. FALLON Notary Public, State Of Newyork No. 01 FA4950146 Oualified In Suffolk County � STATE OF � YO Commission Expires April 24, COUNTY OF SVI-Ri ) SS: On this day of in the year 2014 before me, the undersigned, personally appeared Scott A. Russell, 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 individuals) acted, executed the instrument. Notary Public PATRICIA L. FALLON 33 Notary No Iol state York oualilied in Suft lk coun 24, 'u1s, Commission Exa cP �� '�'�' �,a'�. . �.. r � � 4� �� ,,.. �,,.':" �,�. ��T ��. �� 1� �t '� �\ \k � � �,✓'` .✓' � .�' ��. :fi � �� . .;�.. '�.. - �� ♦; J t - � - :� � �: r' ,,,,, , w.ww��as �` .. ...w �,pD�;ri4' �., � ' : o,� �� _. ��. wcr, ��/�� oan NEW YORK METRO +' 800-853-4803 914-997-1698 fax title insurance company stewart.com/nymetro SCHEDULE A-DESCRIPTION Title No.: ST14-21992 AMENDED 10/17/2014 DEVELOPMENT RIGHTS EASEMENT: ALL that.certain plot,parcel or piece of land,situate,lying and being at Mattituck,in the Town of Southold,County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point on the southerly side of Oregon Road(North Road)distant 1,305.33 feet from the corner formed by the intersection of the southerly side of Oregon Road(North Road)with the easterly side of Mill Road; RUNNING THENCE in a southeasterly direction South 22 degrees 25 minutes 48 seconds East,345.43 feet,the true point or place of beginning; THENCE in an easterly direction North 65 degrees 39 minutes 59 seconds East,536.37 feet to land now or formerly of Charles Smithen and Barbara Smithen(Town of Southold Development Rights); THENCE along said land South 24 degrees 20 minutes 01 second East, 1,231.93 feet to a point; THENCE still along said land the following two(2)courses and distances: 1) North 73 degrees 05 minutes 49 seconds East,285.71 feet; 2) South 27 degrees 08 minutes 01 second East,246.94 feet to land now or formerly of Peter Deerkoski and Felix Deerkoski(Town of Southold Development Rights); t THENCE along said land the following three(3)courses and distances: 1) South 24 degrees 39 minutes 31 seconds East,654.36 feet; 2) North 65 degrees 59 minutes 29 seconds East,344.58 feet; 3) South 24 degrees 38 minutes 01 seconds East,566.10 feet to land now or formerly of the County of Suffolk; THENCE along said land the following two(2)courses and distances: 1.)__South 76 degrees.l9_.minutes 59.seconds West,223.04 feet; 2) South 24 degrees 45 minutes 01 second East,63.37 feet to a point; THENCE westerly and southerly the following two courses(2)and distances: 1) South 76 degrees 19 minutes 59 seconds West,367.06 feet; 2) South 13 degrees 40 minutes 01 second East,296.75 feet to the northerly side of Wickham Avenue(Old Middle Road); I THENCE along said northerly side of Wickham Road(Old Middle Road)South 76 degrees 19 minutes 59 seconds West,659.02 feet to land now or formerly of Adrian H. Courtnay M; THENCE along said land now or formerly of Courtnay(Town of Southold Development Rights)the following two(2)courses and distances: l) North 21 degrees 54 minutes 50 seconds West,234.20 feet; 2) North 22 degrees 21 minutes 30 seconds West, 1,425.18 feet to land now or formerly of David Page and Barbara Shinn(Town of Southold Development Rights); THENCE along said land North 22 degrees 25 minutes 48 seconds West, 1,204.05 feet to the true point or place of BEGINNING, i 2 a • e 1 � s •fir .�p f .�r � s + r a OFFICE LOCATION: MELISSA A. SPIRO '*OF so�ryo Town Hall Annex LAND PRESERVATION COORDINATOR �� 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Telephone(631)765-5711 Southold, New York Facsimile(631)765-6640 ��l iQ MAILING ADDRESS yI'oU � P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD RECEIVED To: Southold Town Board D�L:C 2 2 %Oi4 From: Land Preservation Department Southold Town Clerk Date: December 19, 2014 Re: SIDOR- Open Development Area CODAI Part of SCTM #1000-100-4-4 In compliance with condition as set forth in Resolution No. 2014-847 adopted by the Southold Town Board on October 21, 2014, regarding the approval of an Open Development Area (ODA) for Martin Sidor, attached you will find a copy of the following: • Grant of Development Rights Easement dated December 4, 2014,between Martin H. Sidor, Robert Sidor, Diane Regeness and Joanne Kraebel and the Town of Southold, as recorded in the Office of the Suffolk County Clerk on December 18, 2014, in Liber D00012800, at page 786 /md cc: Patricia M. Carroll Esseks, Hefter&Angel, LLP w/attachment Martin H. Sidor w/ attachment Aly Sabatino, Planner w/ attachment RESOLUTION 2014-847 ADOPTED DOC ID: 10183 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-847 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21,2014: WHEREAS, on October 6, 2014, the Southold Town Planning Board granted Sketch Approval on the Sketch Plat prepared by prepared by Fox Land Surveying, dated February 19, 2014, for an Open Development Area pursuant to 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from Esseks, Hefter&Angel, LLP to establish an Open Development Area pursuant to Chapter 240 of the Town Code on the property identified as part of SCTM#1000-100-4-4 and located in the A-C Zoning District; and WHEREAS,the requested Open Development Area is located on 7.2 acres of the 61.1 acre parcel with the Open Development Area consisting of three lots ranging in size from 1.8 to 2.4+/- acres per lot; and WHEREAS,the Development Rights to the remaining 53.9 acres will be acquired by the Town using Community Preservation Funds and a grant from the United States Department of Agriculture Natural Resources Conservation Service and the 53.9 acre area will be subject to a Development Rights Easement; and WHEREAS,the Open Development Area Plan was found to be consistent with the Sketch Plan approved on October 6, 2014 by the Planning Board; and WHEREAS, on October 7, 2014,the Town Board adopted a resolution accepting the petition as complete and setting the public hearing for October 21, 2014; and WHEREAS, on October 21,2014 the Town Board held and closed a public hearing on the proposed establishment of the Open Development Area; and WHEREAS,the Town Board finds that the requirements for the establishment of an Open Development Area pursuant to Southold Town Code Chapter 240, ARTICLE VIII, Open Development Area have been met; and WHEREAS,the Town Board performed a coordinated review of this Type I action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act(SEQRA); and WHEREAS,the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWPR; therefore be it Resolution 2014-847 Board Meeting of October 21, 2014 RESOLVED, that the Town Board of the Town of Southold, pursuant to SEQRA, hereby establishes itself as lead agency and as lead agency, makes a determination of non-significance for the proposed action and issues a Negative Declaration; and be it further RESOLVED,that the Town Board of the Town of Southold hereby grants approval for the establishment of an Open Development Area as shown on the map prepared by Fox Land Surveying entitled "Development Rights Easement Survey prepared for Town of Southold", dated Sep 22, 2014 and last revised Oct 1, 2014, and labeled"Reserve Area A" and"Reserve Area B", subject to the following conditions: 1. Revise the Open Development Area map referenced above (mylars and paper)to show the following: a. Replace the notations "Reserve Area A" and"Reserve Area B"with the notation "Open Development Area". b. Revise the title of the map to show"Open Development Area Martin Sidor". 2. The approval of the Open Development Area shall not be valid if the Sale of the Development Rights to the Town is not completed and a copy of the recorded deed of development rights is not submitted to the Town of Southold Town Board on or before one year from the date of this approval. 4e" !T_ Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans,Russell Updated: 10/20/2014 3:27 PM by Carol Kalin Page 2 SOUTHOLD TOWN BOARD PUBLIC HEARING October 21, 2014 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 7:50 PM COUNCILMAN GHOSIO: WHEREAS, on October 6, 2014, the Southold Town Planning Board granted Sketch Approval on the Sketch Plat prepared by prepared by Fox Land Surveying, dated February 19, 2014, for an Open Development Area pursuant to 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from Esseks, Hefter & Angel, LLP to establish an Open Development Area pursuant to Chapter 240 of the Town Code on the property identified as part of SCTM#1000-100-4-4 and located in the A-C Zoning District; and WHEREAS, the requested Open Development Area is located on 7.2 acres of the 61.1 acre parcel with the Open Development Area consisting of three lots ranging in size from 1.8 to 2.4+/- acres per lot; and WHEREAS, the Development Rights to the remaining 53.9 acres will be acquired by the Town using Community Preservation Funds and a grant from the United States Department of Agriculture Natural Resources Conservation Service and subject to a Development Rights Easement; NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold accept the petition from Esseks, Hefter& Angel, LLP to establish an Open Development Area pursuant to Chapter 240 of the Town Code; and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing, upon the map entitled "Sketch Plan for Open Development Area Martin Sidor", prepared by Fox Land Surveying, dated February 19, 2014, on the 21st day of October, 2014, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. Sidor ODR Public Hearing 2 October 21, 2014 I have here a copy of the resolution setting this hearing. I have a copy of the site plan. I have a memorandum from the Planning Board, that the Planning Board recommends that the Town Board consider that their approval to create an open development for the Sidor family be conditioned upon the following: the approval of the open development area shall not be valid if the sale of the development rights to the town is not completed and a copy of the recorded deed of development rights is not submitted to the Town of Southold Town Board on or before one year from the date of this approval. I have a copy of the legal notice that was in the paper advertising this hearing signed by their principal clerk and notarized. I also have an affidavit here signed and notarized that this was advertised on the Town Clerk's bulletin board. SUPERVISOR RUSSELL: I would invite anybody that would like to address the Town Board on this particular public hearing to please feel free. PATRICIA CARROLL: Good evening, my name is Patricia Carroll, I am with the law firm Esseks, Hefter and Angel. I am here on behalf of the Sidor family, the applicants herein. And as noted, Planning Board gave approval, sketch approval on October 6 for this open development area application. This application would result in 53.9 acres of preserved farmland and it has long been recognized that the preservation of farmland is in the public interest, particularly in an area with such a long agricultural heritage as the Southold area. And we respectfully submit that all of the requirements of Chapter 240 of the town code have been complied with and that this application would be in the public interest and we respectfully request that this open area, open development area, be established. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board? Does anyone have any questions? Melissa Spiro from the Land Preservation Department is here. TOWN ATTORNEY FINNEGAN: Can I just say one thing? Are you aware of the amendment that needs to be made to the map, to just change the names, the (inaudible) names to the open development area? MS. CARROLL: Yes, we are aware of that and we are in agreement with that. TOWN ATTORNEY FINNEGAN: Okay. SUPERVISOR RUSSELL: Are there any other questions? (No response) This hearing was closed at 7:56 PM �Neville Eliz b thA Southold Town Clerk MARTIN D. FINNEGAN SCOTT A. RUSSELL TOWN ATTORNEY Supervisor martin.f`innegan@town.southold.ny.us f` �Q� S00/1 STEPHEN F.KIELY � '�0� �1� Town Hall Annex, 54375 Route 25 ASSISTANT TOWN ATTORNEY P.O. Box 1179 stephen.kiely@town.southold.ny.us �, Southold, New York 11971-0959 ` .n LORI M. HULSE �� Telephone (631) 765-1939 Facsimile (631) 765-6639 ASSISTANT TOWN ATTORNEY 1 COUNTY ra lori.hulse@town.southold.ny.us ?�- OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD RECEIVED MEMORANDUM To: Elizabeth A. Neville, Town Clerk Southold Town Clerk From: Lynne Krauza Secretary to the Town Attorney Date: November 5, 2014 Subject: Sidor ODA - SEQRA For your records, I am enclosing the original, fully executed Full Environmental Assessment Form and Negative Declaration in connection with the referenced matter. We have retained a copy of this document in our file. Also enclosed is a copy of the resolution authorizing Scott to sign same. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures cc: Mark Terry, Principal Planner Full Environmental Assessment Form Project Agency Use Only[If applicable] Part 2-Identification of Potential Project Impacts Dace: Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s)will not necessarily be environmental professionals. So,the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2,the form identifies the most relevant questions in Part l that will provide the information needed to answer the Part 2 question. When Part 2 is completed,the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area,complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application,maps,supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. • If you answer"Yes"to a numbered question,please complete all the questions that follow in that section. • If you answer"No"to a numbered question,move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box"Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact,it may help to review the sub-questions for the general question and consult the workbook. • When answering a question consider all components of the proposed activity,that is,the"whole action". • Consider the possibility for long-term and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land Proposed action may involve construction on,or physical alteration of, [:]NO ®YES the land surface of the proposed site. (See Part 1. D.1) I "Yes", answer questions a-j. I "No", move on to Section 2. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may involve construction on land where depth to water table is E2d ® ❑ less than 3 feet. b.The proposed action may involve construction on slopes of 15%or greater. E2f ® ❑ c.The proposed action may involve construction on land where bedrock is exposed,or E2a ® ❑ generally within 5 feet of existing ground surface. d.The proposed action may involve the excavation and removal of more than 1,000 tons D2a ® ❑ of natural material. e.The proposed action may involve construction that continues for more than one year Dl e ® ❑ or in multiple phases. f.The proposed action may result in increased erosion,whether from physical 132e,D2q ® ❑ disturbance or vegetation removal(including from treatment by herbicides). g.The proposed action is,or may be,located within a Coastal Erosion hazard area. B 1 i ® ❑ h.Other impacts: ❑ ❑ Page 1 of 10 2. Impact on Geological Features The proposed action may result in the modification or destruction of,or inhibit access to, any unique or unusual land forms on the site(e.g.,cliffs,dunes, ®NO ❑YES minerals, fossils,caves). (See Part 1.E.2.g) 1 "Yes", answer questions a-c. 1 "No", move on to Section 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Identify the specific land form(s)attached: E2g ❑ ❑ b.The proposed action may affect or is adjacent to a geological feature listed as a E3c ❑ ❑ registered National Natural Landmark. Specific feature: c. Other impacts: ❑ ❑ 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water ®NO ❑YES bodies(e.g.,streams,rivers,ponds or lakes). (See Part 1. D.2,E.21) 1 "Yes", answer questions a-1. 1 "No", move on to Section 4. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may create a new water body. D2b,Dlh ❑ ❑ b.The proposed action may result in an increase or decrease of over 10%or more than a D2b ❑ ❑ 10 acre increase or decrease in the surface area of any body of water. c.The proposed action may involve dredging more than 100 cubic yards of material D2a ❑ ❑ from a wetland or water body. d.The proposed action may involve construction within or adjoining a freshwater or E2h ❑ ❑ tidal wetland,or in the bed or banks of any other water body. e.The proposed action may create turbidity in a waterbody,either from upland erosion, D2a,D2h ❑ ❑ runoff or by disturbing bottom sediments. f.The proposed action may include construction of one or more intake(s)for withdrawal D2c ❑ ❑ of water from surface water. g.The proposed action may include construction of one or more outfall(s)for discharge D2d ❑ ❑ of wastewater to surface water(s). h.The proposed action may cause soil erosion,or otherwise create a source of D2e ❑ ❑ stormwater discharge that may lead to siltation or other degradation of receiving water bodies. i.The proposed action may affect the water quality of any water bodies within or E2h ❑ ❑ downstream of the site of the proposed action. j.The proposed action may involve the application of pesticides or herbicides in or D2q,E2h ❑ ❑ around any water body. k.The proposed action may require the construction of new,or expansion of existing, Dla,D2d ❑ ❑ wastewater treatment facilities. Page 2 of 10 1.Other impacts: ❑ ❑ 4. Impact on groundwater The proposed action may result in new or additional use of ground water,or []NO YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1.D.2.a,D.2.c,D.2.d, D.2.p,D.2.q,D.2.t) If"Yes", answer questions a-h. If"No", move on to Section 5. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may require new water supply wells,or create additional demand D2c ® ❑ on supplies from existing water supply wells. b.Water supply demand from the proposed action may exceed safe and sustainable D2c ® ❑ withdrawal capacity rate of the local supply or aquifer. Cite Source: c.The proposed action may allow or result in residential uses in areas without water and Dla,D2c ® ❑ sewer services. d.The proposed action may include or require wastewater discharged to groundwater. D2d,E21 ® ❑ e.The proposed action may result in the construction of water supply wells in locations D2c,E If, ❑ ❑ where groundwater is,or is suspected to be,contaminated. Elg,Elh f.The proposed action may require the bulk storage of petroleum or chemical products 132p,E21 ® ❑ over ground water or an aquifer. g.The proposed action may involve the commercial application of pesticides within 100 E2h,D2q, ® ❑ feet of potable drinking water or irrigation sources. E21,D2c h. Other impacts: ❑ ❑ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. ❑NO OYES (See Part 1. E.2) I "Yes", answer questions a-g. I "No", move on to Section 6. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may result in development in a designated floodway. E2i ❑ ❑ b.The proposed action may result in development within a 100 year floodplain. E2j ❑ ❑ c.The proposed action may result in development within a 500 year floodplain. E2k ❑ ❑ d.The proposed action may result in,or require,modification of existing drainage D2b,D2e ® ❑ patterns. e.The proposed action may change flood water flows that contribute to flooding. D2b,E2i, ® ❑ E2',E2k f.If there is a dam located on the site of the proposed action,is the dam in need of repair, E 1 e ❑ ❑ or upgrade? Page 3 of 10 g.Other impacts: 6. Impacts on Air The proposed action may include a state regulated air emission source. W]NO ❑YES (See Part 1.D.2.f., D,2,h,D.2.g) If"Yes", answer questions a-f If"No", move on to Section 7. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.If the proposed action requires federal or state air emission permits,the action may also emit one or more greenhouse gases at or above the following levels: i. More than 1000 tons/year of carbon dioxide(CO2) D2g ❑ ❑ ii. More than 3.5 tons/year of nitrous oxide(N20) D2g ❑ ❑ iii.More than 1000 tons/year of carbon equivalent of perfluorocarbons(PFCs) D2g ❑ ❑ iv.More than.045 tons/year of sulfur hexafluoride(SF6) D2g ❑ ❑ v. More than 1000 tons/year of carbon dioxide equivalent of D2g ❑ ❑ hydrochloroflourocarbons(HFCs)emissions vi.43 tons/year or more of methane D2h ❑ ❑ b.The proposed action may generate 10 tons/year or more of any one designated D2g ❑ ❑ hazardous air pollutant,or 25 tons/year or more of any combination of such hazardous air pollutants. c.The proposed action may require a state air registration,or may produce an emissions 132f,D2g ❑ ❑ rate of total contaminants that may exceed 5 lbs.per hour,or may include a heat source capable of producing more than 10 million BTU's per hour. d.The proposed action may reach 50%of any of the thresholds in"a"through"c", D2g ❑ ❑ above. e.The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ ❑ ton of refuse per hour. f.Other impacts: ❑ ❑ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1.E.2. m.-q.) W]NO ❑YES I "Yes", answer questions a-J. I "No", move on to Section 8. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may cause reduction in population or loss of individuals of any E2o ❑ ❑ threatened or endangered species,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. b.The proposed action may result in a reduction or degradation of any habitat used by E2o ❑ ❑ any rare,threatened or endangered species,as listed by New York State or the federal government. c.The proposed action may cause reduction in population,or loss of individuals,of any E2p ❑ ❑ species of special concern or conservation need,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. d.The proposed action may result in a reduction or degradation of any habitat used by E2p ❑ ❑ any species of special concern and conservation need,as listed by New York State or the Federal government. Page 4 of 10 e.The proposed action may diminish the capacity of a registered National Natural E3c ❑ ❑ Landmark to support the biological community it was established to protect. f.The proposed action may result in the removal of,or ground disturbance in,any E2n ❑ ❑ portion of a designated significant natural community. Source: g.The proposed action may substantially interfere with nesting/breeding,foraging,or E2m ❑ ❑ over-wintering habitat for the predominant species that occupy or use the project site. h.The proposed action requires the conversion of more than 10 acres of forest, Elb ❑ ❑ grassland or any other regionally or locally important habitat. Habitat type&information source: i.Proposed action(commercial,industrial or recreational projects,only)involves use of D2q ❑ ❑ herbicides or pesticides. j.Other impacts: ❑ ❑ 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1.E.3.a.and b.) ONO YES I "Yes", answer questions a-h. I "No", move on to Section 9. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may impact soil classified within soil group 1 through 4 of the Etc,E3b ® ❑ NYS Land Classification System. b.The proposed action may sever,cross or otherwise limit access to agricultural land Ela,Elb ® ❑ (includes cropland,hayfields,pasture,vineyard,orchard,etc). c.The proposed action may result in the excavation or compaction of the soil profile of E3b ® ❑ active agricultural land. d.The proposed action may irreversibly convert agricultural land to non-agricultural Elb,E3a ® ❑ uses,either more than 2.5 acres if located in an Agricultural District,or more than 10 acres if not within an Agricultural District. e.The proposed action may disrupt or prevent installation of an agricultural land El a,Elb ® ❑ management system. f.The proposed action may result,directly or indirectly,in increased development C2c,C3, ® ❑ potential or pressure on farmland. 132c,D2d g.The proposed project is not consistent with the adopted municipal Farmland C2c ® ❑ Protection Plan. h.Other impacts: ❑ ❑ Page 5 of 10 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from,or are in [:]NO WIYES sharp contrast to,current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.La,E.Lb,E.31.) I "Yes", answer questions a-g. I "No", go to Section 10. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Proposed action may be visible from any officially designated federal,state,or local E3h ® ❑ scenic or aesthetic resource. b.The proposed action may result in the obstruction,elimination or significant E3h,C2b ® ❑ screening of one or more officially designated scenic views. c.The proposed action may be visible from publicly accessible vantage points: E3h i.Seasonally(e.g.,screened by summer foliage,but visible during other seasons) ® ❑ ii.Year round ® ❑ d.The situation or activity in which viewers are engaged while viewing the proposed E3h action is: E2q, L Routine travel by residents,including travel to and from work ® ❑ ii.Recreational or tourism based activities Elc ® ❑ e.The proposed action may cause a diminishment of the public enjoyment and E3h ® ❑ appreciation of the designated aesthetic resource. f. There are similar projects visible within the following distance of the proposed Dla,Ela, ® ❑ project: Dlf,Dlg 0-1/2 mile '/2-3 mile 3-5 mile 5+ mile g.Other impacts: ❑ ❑ 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological ©NO ❑YES resource. (Part 1.E.3.e,f.and g.) If"Yes", answer questions a-e. If"No", go to Section 11. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may occur wholly or partially within,or substantially contiguous De ❑ ❑ to,any buildings,archaeological site or district which is listed on or has been nominated by the NYS Board of Historic Preservation for inclusion on the State or National Register of Historic Places. b.The proposed action may occur wholly or partially within,or substantially contiguous EM ❑ ❑ to,an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory. c.The proposed action may occur wholly or partially within,or substantially contiguous E3g ❑ ❑ to,an archaeological site not included on the NY SHPO inventory. Source: Page 6 of 10 d.Other impacts: ❑ ❑ e.If any of the above(a-d)are answered"Yes",continue with the following questions to help support conclusions in Part 3: L The proposed action may result in the destruction or alteration of all or part De,E3g, ❑ ❑ of the site or property. E3f ii. The proposed action may result in the alteration of the property's setting or E3e,E3f, ° ❑ integrity. E3g,Ela, Elb iii. The proposed action may result in the introduction of visual elements which De,E3f, ❑ ❑ are out of character with the site or property,or may alter its setting. E3g,E3h, C2,C3 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a WINO F—]YES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c,E.l.c.,E.2.q.) 1 "Yes", answer questions a-e. 1 "No", go to Section 12. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may result in an impairment of natural functions,or"ecosystem D2e,Elb ❑ ❑ services",provided by an undeveloped area,including but not limited to stormwater E2h, storage,nutrient cycling,wildlife habitat. E2m,Ego, E2n,E2 b.The proposed action may result in the loss of a current or future recreational resource. C2a,E 1 c, ❑ ❑ C2c,E2 c.The proposed action may eliminate open space or recreational resource in an area C2a,C2c ❑ ❑ with few such resources. Elc,E2q d.The proposed action may result in loss of an area now used informally by the C2c,E 1 c ❑ ❑ community as an open space resource. Fe. Other impacts: ❑ ❑ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical NO YES environmental area(CEA). (See Part 1.E.3.d) 1 "Yes", answer questions a-c. 1 "No", o to Section 13. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may result in a reduction in the quantity of the resource or E3d m ❑ characteristic which was the basis for designation of the CEA. b.The proposed action may result in a reduction in the quality of the resource or E3d m ❑ characteristic which was the basis for designation of the CEA. c.Other impacts: ❑ ❑ Page 7 of 10 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. QNO F-]YES (See Part 1. D.2.j) I "Yes", answer questions a-g. I "No", o to Section 14. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Projected traffic increase may exceed capacity of existing road network. D2j ❑ ❑ b.The proposed action may result in the construction of paved parking area for 500 or D2j ❑ ❑ more vehicles. c.The proposed action will degrade existing transit access. D2j ❑ ❑ d.The proposed action will degrade existing pedestrian or bicycle accommodations. D2j ❑ ❑ e.The proposed action may alter the present pattern of movement of people or goods. D2j ❑ ❑ f. Other impacts: ❑ ❑ 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. WINO YES (See Part 1.D.21) I "Yes", answer questions a-e. I "No", o to Section 15. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action will require a new,or an upgrade to an existing,substation. D2k ❑ ❑ b.The proposed action will require the creation or extension of an energy transmission Dlf, ❑ ❑ or supply system to serve more than 50 single or two-family residences or to serve a Dlq,D2k commercial or industrial use. c.The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k ❑ ❑ d.The proposed action may involve heating and/or cooling of more than 100,000 square D 1 g ❑ ❑ feet of building area when completed. e.Other Impacts: 15. Impact on Noise,Odor,and Light The proposed action may result in an increase in noise,odors,or outdoor lighting. F_]NO ©YES (See Part 1.D.2.m.,n.,and o.) I "Yes", answer questions a--f I "No", o to Section 16. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may produce sound above noise levels established by local D2m ❑ ❑ regulation. b.The proposed action may result in blasting within 1,500 feet of any residence, D2m,Eld ❑ ❑ hospital,school,licensed day care center,or nursing home. c.The proposed action may result in routine odors for more than one hour per day. D2o ® ❑ Page 8 of 10 d.The proposed action may result in light shining onto adjoining properties. D2n ® ❑ e.The proposed action may result in lighting creating sky-glow brighter than existing D2n,Ela ® ❑ area conditions. f.Other impacts: ❑ ❑ 16. Impact on Human Health The proposed action may have an impact on human health from exposure ©NO F-I YES to new or existing sources of contaminants. (See Part 1.D.2.q.,E.1. d. f.g.and h.) I "Yes", answer questions a-m. I "No", o to Section 17. Relevant No,or Moderate Part I small to large Question(s) impact impact may may cccur occur a.The proposed action is located within 1500 feet of a school,hospital,licensed day Eld ❑ ❑ care center,group home,nursing home or retirement community. b.The site of the proposed action is currently undergoing remediation. Elg,Elh ❑ ❑ c.There is a completed emergency spill remediation,or a completed environmental site Elg,Elh ❑ ❑ remediation on,or adjacent to,the site of the proposed action. d.The site of the action is subject to an institutional control limiting the use of the Elg,Elh ❑ ❑ property(e.g.,easement or deed restriction). e.The proposed action may affect institutional control measures that were put in place Elg,Elh ❑ ❑ to ensure that the site remains protective of the environment and human health. f.The proposed action has adequate control measures in place to ensure that future D2t ❑ ❑ generation,treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g.The proposed action involves construction or modification of a solid waste D2q,Elf ❑ ❑ management facility. h.The proposed action may result in the unearthing of solid or hazardous waste. D2q,Elf ❑ ❑ L The proposed action may result in an increase in the rate of disposal,or processing,of D2r,D2s ❑ ❑ solid waste. j.The proposed action may result in excavation or other disturbance within 2000 feet of Elf,Elg ❑ ❑ a site used for the disposal of solid or hazardous waste. Elh k.The proposed action may result in the migration of explosive gases from a landfill Elf,Elg ❑ ❑ site to adjacent off site structures. 1.The proposed action may result in the release of contaminated leachate from the 132s,Elf, ❑ ❑ project site. D2r in.Other impacts: Page 9 of 10 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. W]NO DYES (See Part 1. C.1,C.2. and C.3.) If"Yes", answer questions a-h. If"No", go to Section 18. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action's land use components may be different from,or in sharp C2,C3,Dla ❑ ❑ contrast to,current surrounding land use pattern(s). Ela,Elb b.The proposed action will cause the permanent population of the city,town or village C2 ❑ ❑ in which the project is located to grow by more than 5%. c.The proposed action is inconsistent with local land use plans or zoning regulations. C2,C2,C3 ❑ ❑ d.The proposed action is inconsistent with any County plans,or other regional land use C2,C2 ❑ ❑ plans. e.The proposed action may cause a change in the density of development that is not C3,Dlc, ❑ ❑ supported by existing infrastructure or is distant from existing infrastructure. Dld,Dlf, Dld,Elb f.The proposed action is located in an area characterized by low density development C4,D2c,132d that will require new or expanded public infrastructure. D2j g.The proposed action may induce secondary development impacts(e.g.,residential or C2a ❑ ❑ commercial development not included in the proposed action) h.Other: ° ° 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. ©NO YES (See Part 1. C.2,C.3,D.2,E.3) I "Yes", answer questions a-g. I "No",proceed to Part 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may replace or eliminate existing facilities,structures,or areas De,E3f,E3g ❑ ❑ of historic importance to the community. b.The proposed action may create a demand for additional community services(e.g. C4 ❑ ❑ schools,police and fire) c.The proposed action may displace affordable or low-income housing in an area where C2,C3,Dlf ❑ ❑ there is a shortage of such housing. Dlg,Ela d.The proposed action may interfere with the use or enjoyment of officially recognized C2,E3 ❑ ❑ or designated public resources. e.The proposed action is inconsistent with the predominant architectural scale and C2,C3 ❑ ❑ character. f.Proposed action is inconsistent with the character of the existing natural landscape. C2,C3 ❑ ❑ Ela,Elb E2g,E2h g.Other impacts: ° ° PRINT FULL FORM Page 10 of 10 Agency Use Only [HApplicablel Project: Date Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. See Attached. Determination of Significance-Type 1 and Unlisted Actions SEQR Status: IZI Type 1 ❑Unlisted Identify portions of EAF completed for this Project: 0 Part 1 91 Part 2 ©Part 3 Upon review of the information recorded on this EAF,as noted,plus this additional support information State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant Assessment and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the Town of Southold Town Board as lead agency that: © A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617A). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: Sidor Farm Open Development Area Name of Lead Agency: Town of Southold Town Board Name of Responsible Officer in Lead Agency: Scott Russell Title of Responsible Officer: Supervisor Signature of Responsible Officer in Lead Agency: Date: 10/21/2014 Signature of Preparer(if different from Responsible Officer) — Date: 10/21/2014 , . For Further Information: Contact Person: Mark Terry,Principal Planner Address: 54275 State Route 25,PO Box 1179,Southold.NY 11971 Telephone Number:631-765-1938 E-mail: mark.terry@town.southold.ny.us For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: hU://www.dec.ny.pov/enb/enb.htmi PRINT FULL FORM Page 2 of 2 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significance October 21, 2014 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 7 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Sidor Family SCTM#: 1000-100-4-4 Zone: AC Location: 2010 Oregon Road, Cutchogue SEAR Status: Type I (X ) Unlisted ( ) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposal is for an Open Development Area of a 61 acre parcel into three lots where Lot 1 equals 2.6 acres, Lot 2 equals 2.7 acres, Lot 3 equals 1.8 acres, located in the A-C Zoning District. This property includes a LIPA Easement and 53.9 acres of preserved open space. The action preserves the right to subdivide the parcel into 3 lots as an Open Development Area, however, the subdivision process is not completed at this time and no development is proposed. This review addresses the whole action where possible. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed. The determination was based upon the following: The parcel is located in the Agricultural Conservation zoning district. The purpose of the Agricultural-Conservation (A-C) District ...is to reasonably control and, to the extent possible, prevent the unnecessary loss of those currently open lands within the Town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the Town's economy and those areas with sensitive environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second-home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the Town is expending large sums of money to protect existing farm acreage. At the same time, the Town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interests of farmers and other farmland owners." The properties to the north, east and west are zoned Agricultural Conservation and the land use is agriculture. The property to the south is also zoned Agricultural Conservation and the current uses are agriculture and religious institution. Impact on Land The subdivision proposes to create 3 agricultural/residential lots. Lots 1 and 3 are currently vacant. Lot 2 is currently improved with a single family residence and agriculture barns. A total of 53.9 acres is proposed to be preserved as open space. Property soils consist of Riverhead Sandy Loam RdA and Rdb with slopes ranging from 0-8 percent. Limitations of these soils range from slight to moderate due to slopes. The proposed location for Lot 1 is comprised of Haven loam HaA soils and has slight limitations for most uses. The applicant is working with the Suffolk County Soil and Water Conservation District to develop a stormwater and soil conservation plan to mitigate soil loss impacts and stormwater that flows to Wickham Avenue. Agricultural best management practices will be employed and therefore the proposed action is not expected to result in a significant adverse impact on land. Impact of Water 1. Water Supply The parcel is located in the Special Groundwater Protection Area. Water supply to the lots is proposed via private well with approval from the Suffolk County Department of Health Services. The expected uses for Lots 2 and 3 is residential. The use for Lot 1 is currently unknown and therefore the water use cannot be calculated. 2. Sanitary Disposal In 1978, the Long Island Regional Planning Board published the Long Island Comprehensive Waste Treatment Management Plan (208 Study). The 208 Study identified eight (8) hydrogeologic zones in Nassau and Suffolk Counties. These zones were distinguished based upon differences in underlying groundwater flow patterns and water quality. The subject site is located within SCDHS Groundwater Management Zone IV, which according to Article VI of the Suffolk County Sanitary Code, has an allowable flow of 600 gallons per day (gpd) per acre in areas served by public water. Therefore, the allowable nitrogen bearing flow for Lot 1 is 1,584 gpd; Lot 2 1,626 gpd and Lot 3 is 1,098 gpd. The future use on Lot 1 and 3 will be further assessed to sanitary disposal once proposed. Currently Lot 2 is a developed with a single family residence and agricultural buildings. The lot proposes to create one additional single family residence. Future development would be required to conform to Article VI of the Suffolk County Sanitary Code. The action proposes to create one additional single family residence. Future uses would conform to Article VI of the Suffolk County Sanitary Code and would not be expected to adversely affect groundwater quality provided properly functioning systems are designed and installed. However, since the action is located over a Special Groundwater Protection Area it is recommended that sanitary systems are designed to reduce impacts to groundwater to the greatest extent practical. 3. Ground or Surface Water Quality or Quantity The quality of groundwater underlying the proposed lots is currently unknown. A test hole has not been drilled. The parcel is currently in agriculture, and existing storm water drainage patterns are manipulated by agricultural operations. The property slopes to Wickham Avenue and during high precipitation events stormwater flows towards Wickham Avenue. The applicant is working with the Suffolk County Soil and Water Conservation Service to develop a conservation plan to address soil loss and stormwater impacts to Wickham Avenue. The parcel is not located with a Town of Southold Sewershed and future development of proposed lots will be required to file a SWPPP with the New York State Department of Environmental Conservation. Due to the required stormwater permits, plans and controls no substantial impact to groundwater is expected to occur if the project is implemented as planned. 4. Flooding The proposed lots are located in an unmapped FEMA zone, therefore, the potential impacts from threat of flooding is low. Impact on Air No substantial adverse change in existing air quality is expected to occur. Impact on Plants and Animals The New York State Environmental Research Mapper (2009) was referenced to determine if records of rare or threatened plants or animals have been identified as occurring on site. No rare or threatened plants or animals have been recorded on site or within the vicinity of the site. With the exception of Lot 1 (which is improved), the parcel has been disturbed through agriculture. Due to the level of disturbance, the potential occurrence of rare or threatened plants or animals on site is low. Based on current agricultural use, no significant removal or destruction of large quantities of vegetation will occur as a result of this action. Correspondingly, no substantial interference with the movement of any resident or migratory fish or wildlife species nor impacts on a significant habitat area will occur. Impact on Agricultural Land Resources The parcel is located in an Agriculture and Markets Law, Article 25-AA, Agricultural District (1). The primary use on the property is agriculture. Development rights are proposed to be sold on a total of 53.90 acres and an easement will be required to preserve the agricultural uses on this portion of the parcel. A total of 7.19 acres is proposed to be affected by future development when the subdivision is completed. The development of the lots is expected to affect agricultural lands greater than 2.5 acres of agricultural lands in the Agricultural District. However, it is unknown at this time if the future use on the lots would be nonagricultural. Impact on Aesthetic Resources The property is visible from County Route 48, a designated New York Scenic Byway that is located south of the property and Oregon Road which is located to the northwest of the property. Oregon Road had been identified as one of the most scenic roadways with views of agricultural operations in the Town of Southold. The action would create one additional lot and potential for a structure(s). The preservation of scenic views would depend on the type of use and placement of structures. To preserve the scenic view from County Route 48 one lot is being proposed in the southeast corner of the parcel. The preservation of scenic views would also depend on the type of use (agricultural vs residential) and placement of structures. The action will not substantially adversely impact the current view shed and/or aesthetic resources. Impact on Historical and Archeological Resources The New York Department of State GIS - Public Access Map was referenced for occurrence of historical or archeo-sensitive areas on site. No protected, historical properties were indicated on the map and the area is not included as an archeo- sensitive area. Therefore, no impacts are expected to occur to historical or archeological resources as a result of the action. Impact on Open Space and Recreation The parcel is a private, agricultural operation. No significant impacts to public open space or recreational areas will occur as a result of the current action. Impact on Critical Areas The parcel is located in the Special Groundwater Protection Area a New York State Department of Environmental Conservation Critical Environmental Area (CEA). The CEA was established to protect groundwater recharge and public water supply. The parcel is expected to continue in agricultural and residential uses. Best management practices (BMP's) designed to prevent water pollution and conservation are required prior to final approval of residential subdivisions. The BMP's mitigate anticipated impacts from residential uses. Impact on Transportation Access to Lots 2 and 3 are proposed from Oregon Road. A curb-cut currently is used to access Lot 2. Lot 1 would be accessed from Wickam Avenue. Since the use of the lot is unknown at this time, full assessment of traffic impacts cannot be made. Impact of Energy No major change in the use of either the quantity or type of energy will occur as a result of the current action. Noise and Odor Impact No substantial change in noise or odor is expected to occur as a result of the current action. Impact on Public Health No creation of a hazard to human health is expected to occur as a result of the current action. No substantial increase in solid waste production, leaching or drainage problems are expected to occur if the proposed current action is implemented as planned. Impact on Growth, Character of Community or Neighborhood Proposed lighting will meet dark sky standards, be contained on-site and not trespass onto adjacent parcels. The proposed action is not in a significant material conflict with the community's current plans or goals as officially approved or adopted. Conversely the action meets the purpose of the Agricultural Conservation (AC) zoning district and the Town's goals as expressed in numerous planning studies and community plans Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Mark Terry, Principal Planner Address: Planning Board Telephone Number: (631) 765-1938 cc: Southold Town Clerk for Town Board Suffolk County Department of Health Services Environmental Notice Bulletin RESOLUTION 2014-847 ©e ADOPTED DOC ID: 10183 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-847 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21,2014: WHEREAS, on October 6, 2014, the Southold Town Planning Board granted Sketch Approval on the Sketch Plat prepared by prepared by Fox Land Surveying, dated February 19, 2014, for an Open Development Area pursuant to 240-26(A) of the Town Code; and WHEREAS,the Town Board has received a petition from Esseks, Hefter&Angel, LLP to establish an Open Development Area pursuant to Chapter 240 of the Town Code on the property identified as part of SCTM#1000-100-4-4 and located in the A-C Zoning District; and WHEREAS,the requested Open Development Area is located on 7.2 acres of the 61.1 acre parcel with the Open Development Area consisting of three lots ranging in size from 1.8 to 2.4+/- acres per lot; and WHEREAS,the Development Rights to the remaining 53.9 acres will be acquired by the Town using Community Preservation Funds and a grant from the United States Department of Agriculture Natural Resources Conservation Service and the 53.9 acre area will be subject to a Development Rights Easement; and WHEREAS,the Open Development Area Plan was found to be consistent with the Sketch Plan approved on October 6, 2014 by the Planning Board; and WHEREAS, on October 7, 2014, the Town Board adopted a resolution accepting the petition as complete and setting the public hearing for October 21, 2014; and WHEREAS, on October 21, 2014 the Town Board held and closed a public hearing on the proposed establishment of the Open Development Area; and WHEREAS,the Town Board finds that the requirements for the establishment of an Open Development Area pursuant to Southold Town Code Chapter 240, ARTICLE VIII, Open Development Area have been met; and WHEREAS,the Town Board performed a coordinated review of this Type I action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS,the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWPR; therefore be it Resolution 2014-847 Board Meeting of October 21, 2014 RESOLVED,that the Town Board of the Town of Southold, pursuant to SEQRA, hereby establishes itself as lead agency and as lead agency, makes a determination of non-significance for the proposed action and issues a Negative Declaration; and be it further RESOLVED,that the Town Board of the Town of Southold hereby grants approval for the establishment of an Open Development Area as shown on the map prepared by Fox Land Surveying entitled "Development Rights Easement Survey prepared for Town of Southold", dated Sep 22, 2014 and last revised Oct 1, 2014, and labeled"Reserve Area A"and "Reserve Area B", subject to the following conditions: 1. Revise the Open Development Area map referenced above (mylars and paper) to show the following: a. Replace the notations "Reserve Area A" and"Reserve Area B" with the notation "Open Development Area". b. Revise the title of the map to show"Open Development Area Martin Sidor". 2. The approval of the Open Development Area shall not be valid if the Sale of the Development Rights to the Town is not completed and a copy of the recorded deed of development rights is not submitted to the Town of Southold Town Board on or before one year from the date of this approval. 0�aW4?.noe�& Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Updated: 10/20/2014 3:27 PM by Carol Kalin Page 2 LEGAL NOTICE NOTICE OF PUBLIC HEARING WHEREAS, on October 6, 2014, the Southold Town Planning Board granted Sketch Approval on the Sketch Plat prepared by prepared by Fox Land Surveying, dated February 19, 2014, for an Open Development Area pursuant to 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from Esseks, Hefter & Angel, LLP to establish an Open Development Area pursuant to Chapter 240 of the Town Code on the property identified as part of SCTM#1000-100-4-4 and located in the A-C Zoning District; and WHEREAS, the requested Open Development Area is located on 7.2 acres of the 61.1 acre parcel with the Open Development Area consisting of three lots ranging in size from 1.8 to 2.4+/- acres per lot; and WHEREAS, the Development Rights to the remaining 53.9 acres will be acquired by the Town using Community Preservation Funds and a grant from the United States Department of Agriculture Natural Resources Conservation Service and subject to a Development Rights Easement; NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold accept the petition from Esseks, Hefter & Angel, LLP to establish an Open Development Area pursuant to Chapter 240 of the Town Code; and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing, upon the map entitled "Sketch Plan for Open Development Area Martin Sidor", prepared by Fox Land Surveying, dated February 19, 2014, on the 21st day of October, 2014, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. Dated: October 7, 2014 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on October 16, 2014 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Town Hall, P O Box 1179, Southold, NY 11971. Copies to: The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website Land Preservation Southold Town Board - Letter Board Meeting of October 7, 2014 RESOLUTION 2014-802 Item # 5.19 ADOPTED DOC ID: 10142 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-802 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 7, 2014: WHEREAS, on October 6, 2014, the Southold Town Planning Board granted Sketch Approval on the Sketch Plat prepared by prepared by Fox Land Surveying, dated February 19, 2014, for an Open Development Area pursuant to 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from Esseks, Hefter & Angel, LLP to establish an Open Development Area pursuant to Chapter 240 of the Town Code on the property identified as part of SCTM#1000-100-4-4 and located in the A-C Zoning District; and WHEREAS, the requested Open Development Area is located on 7.2 acres of the 61.1 acre parcel with the Open Development Area consisting of three lots ranging in size from 1.8 to 2.4+/- acres per lot; and WHEREAS, the Development Rights to the remaining 53.9 acres will be acquired by the Town using Community Preservation Funds and a grant from the United States Department of Agriculture Natural Resources Conservation Service and subject to a Development Rights Easement; therefore, be it RESOLVED, that the Town Board of the Town of Southold accept the petition from Esseks, Hefter& Angel, LLP to establish an Open Development Area pursuant to Chapter 240 of the Town Code; be it further RESOLVED that the Town Board of the Town of Southold will hold a public hearing, upon the map entitled "Sketch Plan for Open Development Area Martin Sidor", prepared by Fox Land Surveying, dated February 19, 2014, on the 21st day of October, 2014, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated October 7, 2014 Page 28 Southold Town Board - Letter Board Meeting of October 7, 2014 RESOLUTION 2014-802 Item # 5.19 ��yQF ADOPTED DOC ID: 10142 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-802 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 7, 2014: WHEREAS, on October 6, 2014, the Southold Town Planning Board granted Sketch Approval on the Sketch Plat prepared by prepared by Fox Land Surveying, dated February 19, 2014, for an Open Development Area pursuant to 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from Esseks, Hefter & Angel, LLP to establish an Open Development Area pursuant to Chapter 240 of the Town Code on the property identified as part of SCTM#1000-100-4-4 and located in the A-C Zoning District; and WHEREAS, the requested Open Development Area is located on 7.2 acres of the 61.1 acre parcel with the Open Development Area consisting of three lots ranging in size from 1.8 to 2.4+/- acres per lot; and WHEREAS, the Development Rights to the remaining 53.9 acres will be acquired by the Town using Community Preservation Funds and a grant from the United States Department of Agriculture Natural Resources Conservation Service and subject to a Development Rights Easement; therefore, be it RESOLVED, that the Town Board of the Town of Southold accept the petition from Esseks, Hefter & Angel, LLP to establish an Open Development Area pursuant to Chapter 240 of the Town Code; be it further RESOLVED that the Town Board of the Town of Southold will hold a public hearing, upon the map entitled "Sketch Plan for Open Development Area Martin Sidor", prepared by Fox Land Surveying, dated February 19, 2014, on the 21st day of October, 2014, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated October 7, 2014 Page 28 #11917 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s) successfully commencing on the 16th day of October, 2014. �J Principal Clerk Sworn to before me this coo day of 2014. LEGAL NOTICE NOTICE OF PUBLIC HEARING WHEREAS, on October 6, 2014, the Southold Town Planning Board granted Sketch Approval on the STING VOLINSKI Sketch Plat prepared by prepared by Fox Land Surveying, dated February NOTARY PUBLIC-STATE OF NEW YORK 19, 2014, for an Open Development No. 01V06105050 Area pursuant to 240-26(A) of the Qualified in Suffolk County Town Code;and WHEREAS,the Town Board has re- My Commission Expires February 28, 2016 ceived a petition from Esseks,Hefter& Angel,LLP to establish an Open Devel- opment Area pursuant to Chapter 240 of the Town Code on the property identi- fied as part of SCrM#1000-100-4-4 and located in the A-C Zoning District;and WHEREAS,the requested Open De- velopment Area is located on 7.2 acres of the 61.1 acre parcel with the Open Development Area consisting of three lots ranging in size from 1.8 to 2.4+/- acres per lot;and WHEREAS, the Development Rights to the remaining 53.9 acres will be acquired by the Town using Com- munity Preservation Funds and a grant from the United States Department of Agriculture Natural Resources Conser- vation Service and subject to a Deve op- ment Rights E�asement:.hcard- �octurnty LO be pt given an opp 2014 OF Td Dated:October 7,BY OOWN BON OF E TOWN OF SQ1JWOLD Elizabeth A•Neville Southold Town Clerk 11917-1T 10116 STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 10th day of October , 2014, 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, 53095 Main Road, Southold, New York. PH 10/21/14 7:32 pm-Martin Sidor open development area CJ.A -oil -z ' 0i zabeth A. Neville Southold Town Clerk Sworn before me this 101h day of October , 2014. Notary Public LYNDA M. RUDDER Notary Public,State of New York No.OIRU6020932 Qualified in Suffolk County Commission Expires March 8,20_= ESSEKS, HEFTER & ANGEL, LLP COUNSELORS AT LAw MAIN OFFICE y i 108 EAST MAIN STREET P.O. Box 279 RIVERHEAD, NY 11901-0279 STEPHEN R.ANGEL October 10, 2014 EAST HAMPTON OFFICE CARMELA M.DI TALIA (BY APPOINTMENT ONLY) ANTHONY C. PASCA 34 PANTIGO ROAD THEODORE D.SKLAR Via Hand Delivery RECEIVED EAST HAMPTON, NY 11937 Ms. Elizabeth Neville NANCY SILVERMAN LISA J. ROSS Southold TownW Clerk ��FOCI WWEHALAW.COM PATRICIA M.CARROLL 53095 Route 25 (631)369-1700 JASON S. SELMONT FAX:(631)369-2065 KEVIN A.MCGOWIN P.O. Box 1179 (NOT FOR SERVICE) CHRISTINE P.SMITH Southold, NY 11971 Southold Town Clerk MARCIA Z. HEFTER SENIOR COUNSEL WILLIAM P MALONEY Re: Sidor Subdivision Application OF COUNSEL Premises: 2010 Oregon Road, Mattituck, NY WILLIAM W ESSEKS SCTM: 1000-100.00-04.00-004.000 RETIRED Dear Ms. Neville: In connection with the Petition to the Southold Town Board to establish an Open Development Area with respect to the above property, which was submitted to your office on October 2, 2014, I enclose the requisite (3) mylars and (12) prints of the sketch plan, which was approved by the Planning Board on October 6, 2014. I respectfully request that you present the previously-submitted Petition, contract of sale, easement agreement and the enclosed mylars and prints to the Town Board, to permit the Town Board to review the Petition, schedule a public hearing and thereafter adopt a resolution recognizing an Open Development Area for the subject parcel. Thank you. Very truly yours, • x �, � l I 1 Patricia M. Carroll l Encl. cc: (all w/o encls; all via e-mail) Melissa Spiro (Melissa.Spiro@town.southold.ny.us) Alyxandra Sabatino (Alyxandra.Sabatino@town.southold.ny.us) Fox Land Surveying 64 Sunset Ave , Westhampton Beach,NY 11978 ': (Tel) 631-288-0022 (Fax) 631-288-2406 a , Email: FoxLandSurveyingkaol.com October 9, 2014 RE: Sidor, Martin Surveys & Mylars Oregon Road Mattituck, t/o Southold Tax Map #1000-100.00-04.00-004.000 Dear Patti Carol, Enclosed please find 12 copies of the survey and 3 mylars last dated October 1, 2014 for your use. Please call if you need anything further. Thank you. Sincerely, David H. Fox, Sr. Land Surveyor DHF/eps Encl. Rudder, Lynda From: Reisenberg, Lloyd Sent: Tuesday, October 14, 2014 9:34 AM To: Rudder, Lynda Subject: RE: for Publication 10/16 Posted Lloyd H. Rcisenberg Network and Systems Administrator Town of Southold, New York www.southoldtownny.pov Iloydr@southoldtownny.gov 0: 631-765-1891 1 M:631-879-1554 j F: 631-765-5178 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Rudder, Lynda Sent: Saturday, October 11, 2014 11:41 AM To: Jim Dinizio; Beltz, Phillip; Cushman, John; Doherty, Jill; Finnegan, Martin; Ghosio, Bob; Kiely, Stephen; Krauza, Lynne; Louisa Evans; Reisenberg, Lloyd; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle; Tracey Doubrava (tdoubrava(sltimesreview.com); William Ruland Subject: for Publication 10/16 Importance: High For publication in the October 16 edition of the Suffolk times and the town website 1 Rudder, Lynda From: Cerria Torres <ctorres@timesreview.com> Sent: Monday, October 13, 2014 8:55 AM To: Rudder, Lynda Subject: Re: for Publication 10/16 Importance: High Thank you, Lynda.The deadline for legal notices is Monday at 3pm. We are in office for Columbus day, so you are good to go! I have 6 notices scheduled to publish in The Suffolk Times on 10/16/14. ThrT,.ES nk you REVIEW MEDIA GROUP Cerria Torres Display Ad Coordinator 631.354.8011 (D) ctorres _timesreview.com legals(a-)timesreview.com www.timesreview.com From: <Rudder>, Lynda <lVnda.rudder@town.southold.nv.us> Date: Saturday, October 11, 2014 11:42 AM To:Times Review<tdoubrava@timesreview.com> Subject: FW: for Publication 10/16 Just wanted to make sure you got this so I sent it twice J From: Rudder, Lynda Sent: Saturday, October 11, 2014 11:41 AM To: (jim@)j_amesdinizio.com); Beltz, Phillip; Cushman, John; Doherty, Jill; Finnegan, Martin; Ghosio, Bob; Kiely, Stephen; Krauza, Lynne; Louisa Evans (lpevans06390(a)gmail.com); Reisenberg, Lloyd; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle; Tracey Doubrava (tdoubrava(&timesreview.com); William Ruland Subject: for Publication 10/16 Importance: High For publication in the October 16 edition of the Suffolk times and the town website 1 OFFICE LOCA"AV""('� fry MELISSA A. SPIRO '* 1 ,�'" LAND PRESERVATION COORDINATOR �" Town Hall Annex + 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Telephone(631)765-5711 Southold, New York Facsimile(631)765-6640 ' MAILING ADDRESS: " P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Southold Town Board 1r From: Land Preservation Department f.(, 1(I14 ,. Date: December 19 2014 14:00N 1:3md u�'� u� � Re: SIDOR- Open Development Area ODA . Part of SCTM #1000-100-4-4 In compliance with condition as set forth in Resolution No. 2014-847 adopted by the Southold Town Board on October 21, 2014, regarding the approval of an Open Development Area (ODA) for Martin Sidor, attached you will find a copy of the following: • Grant of Development Rights Easement dated December 4, 2014,between Martin H. Sidor, Robert Sidor, Diane Regeness and Joanne Kraebel and the Town of Southold, as recorded in the Office of the Suffolk County Clerk on December 18, 2014, in Liber D00012800, at page 786 /md cc: Patricia M. Carroll Esseks, Hefter&Angel, LLP w/attachment Martin H. Sidor w/ attachment Aly Sabatino, Planner w/attachment au, CC# : C14-50588 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original EASEMENT recorded in my office on 12/18/2014 under Liber D00012800 and Page 786 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 12/18/2014 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 12/18/2014 Number of Pages : 38 At: 12 :08 :59 PM Receipt Number : 14-0166902 TRANSFER TAX NUMBER: 14-13201 LIBER: D00012800 PAGE : 786 District: Section: Block: Lot: 1000 100 . 00 04 .00 004 .002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $3,503,500 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $190 . 00 NO Handling $20 .00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO TP-584 $5 . 00 NO Notation $0 .00 NO Cert.Copies $40 . 00 NO RPT $60 .00 NO Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $335 . 00 TRANSFER TAX NUMBER: 14-13201 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County E, u �•s� Num ,,,, pages bei of es RECORDED 2014 Dec 18 12;08:59 PM This dOCUlllBllt will b6 publpc JUDITH A. PASCA LE CLERK OF record. 1 , re SUFFOLK: 'COUNTY S, S,8CO3e L D00012800 Deed/Mortgage lnstrumeo t �, �Dqcd1' ortgag ,'lex Stamp, Recording/Filing Stamps , 3 s r � Mortgage Amt, . Page g ° 1, sic'Ta Handling 2, Additional Tax TP-584 u : ,ota • . ... ...�... .. .�.. •�. . . Notation or� • EA-5217 (County) ,, o, Sub Total °__ _. Spec, /Add, Amt '(state) : •. zDual.Town Dual County . R,P,T,S,A., .. � e1 of t ent Comm, of Ed, • 5. b 0 Transfer . . ., ansio .n.Tax.,. Affidavit The property covered by this mortgage i Certified Copy � or willJbe,;improved,by a one or tw family dwe-Whg only., NYS Surcharge. 15, 00 Sub TotalI � • � a , YES or NO Other3 If N0, see app tax clause on Grand Total ply paleof this zn,�;i ��42 1007 1000 10000 0400 004002 � Cornmunit r Preservation p"un� Dist.Real Cr ,eiderwtio . ArrtoTaxS rvicerRPID Ho 1111111111Iill1IIIIIIIIII1IIIII T Service A ______e r 18_DF('__1d4 _m_ 'M--- .. d )i1lq°1 STEWART TITLE INSURANCE COMPANY 707 Westchester Avenue,Suite 411 White Plains,NY 10604 GRANT OF DEVELOPMENT.RIGHTS EASEMENT ,THIS GRAN OF DE ELOPMENT RIGHTS EASEMENT, is made on the day of ......_ _._. _1 2014 at Southold, New York. The parties are Martin H. Sidor, Robert Sidor, Diane Regeness and Joanne Kraebel, as Co-Trustees of the Unified Credit Trust under the Will of Martin B. Sidor, Jr., for the benefit of Frances Sidor (as to a 50% interest), and also as Co-Executors of the Estate of Frances Sidor (as to a 50% interest), with an address of 2010 Oregon Road, Mattituck, New York 11952 (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 called ""Grantee") and the United States of America ('United States") by and through the United States Department of Agriculture (""USDA") Natural Resources Conservation Service ("'NRCS") acting on behalf of the Commodity Credit Corporation, as its interest appears herein, for the purpose of forever conserving the agricultural productivity of the Protected Property and its value for resource preservation and as open space. 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 #1000-100-4-4, more fully described in SCHEDULE "A" attached hereto and made a part hereof and hereinafter referred to as the `" Protected Property" and shown on the survey prepared by David H. Fox, L.S., P.C., Fox Land Surveying, dated September 22, 2014 and last revised October 1, 2014 (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"); and WHEREAS, the Protected Property is located in the A-C Zoning District of the Town of Southold; and WHEREAS, the Protected Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture, Natural Resources Conservation Service's (formerly the Soil Conservation Service) Soil Survey of Suffolk County, New York; and WHEREAS, the Federal Farm and Ranch Lands Protection Program's purpose is to assist in the purchase of conservation easements on land with prime, unique, or other productive soil for the purpose of protecting topsoil from conversion to nonagricultural uses (16 U.S.C. 3838h and 38381). Under the authority of the Farm and Ranch Lands Protection Program, the United States Department of Agriculture Natural Resources Conservation Service (hereinafter the " United States" or '"NRCS") acting on behalf of the Commodity Credit Corporation, has provided One Million Eight Hundred Ninety-Eight Thousand Dollars ($1,898,000.00) to the Grantee for the acquisition of this Easement, entitling the United States to the rights identified herein. WHEREAS, the Protected Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Protected Property for agricultural production as defined in this Easement; and WHEREAS, the Protected Property is currently used for agricultural production; and WHEREAS, it is the policy of the Town of Southold (the ""Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law (""'Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Protected 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 Protected 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 Protected 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 2 to restrict the further development of the Protected Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of THREE MILLION FIVE HUNDRED THREE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($3,503,500.00) 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 Protected Property herein, more particularly bounded and described on Schedule "A" 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 Protected 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 fee title to the Protected Property, and the exclusive right of occupancy and of use of the Protected Property, subject to the limitations, conditions, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Protected Property. The Grantor, for itself, and for and on behalf of its 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 Protected Property described in Schedule "A", free of any mortgages or liens, as set forth in Stewart Title Insurance Company Title Report No. ST14-21992 and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, including 3 development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic, conservation and agricultural values of the Protected Property and have the common purpose of preserving these values by limiting nonagricultural uses of the Protected Property. This instrument is intended to convey a Development Rights Easement on the Protected Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural, conservation and natural values by preventing the use or development of the Protected Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental .Rec gnition„ New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code ("IRC") and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance and execution of this Development Rights Easement that present uses of the Protected Property, and related structures and improvements on the Protected Property, if any, are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Protected Property's natural, scenic, conservation, agricultural, and aesthetic resources and otherwise to aid In Identifying and documenting the Protected Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Protected Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Protected Property's relevant features and conditions (the "Baseline Documentation"'). This Baseline Documentation includes, but need not be limited to, a survey prepared by David H. 4 Fox, L.S., P.C., Fox Land Surveying, dated September 22, 2014 and last revised October 1, 2014, and a Phase 1 Environmental Site Assessment prepared by Nelson Pope and Voorhis, LLC dated August 6, 2014. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Protected Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and 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 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Protected Property for uses or purposes consistent with the terms of this Easement, including agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or ""Code") now, or as Chapter 70 may be amended and including the production of crops, livestock and livestock products as presently defined in §301(2)(a)-(j) of the New York State Agriculture and Markets Law ("Agriculture and 5 Markets Law"), now, or as §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. " Farm Labor Housing" shall mean dwellings or structures, together with accessory improvements used to house seasonal and/or full-time employees where such residences are provided by the farm landowner and/or operator employed in the operation of the farm and the farm worker is not a partner or owner of the Farm Operation. For instance, a structure used as a primary residence of a farm owner is not ""farm labor housing". "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. ""Protected Property" shall mean the property subject to this Easement, consisting of part of SCTM# 1000-100-4-4, more fully described in the Schedule "A" attached hereto and made a part hereof and shown on the survey prepared by David H. Fox, L.S., P.C., Fox Land Surveying, dated September 22, 2014 and last revised October 1, 2014 (a reduced copy of which is attached hereto and made a part hereof). "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm roads, farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Protected Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 6 1.03 Duration This Easement shall be a burden upon and run with the Protected Property in perpetuity. 1.0.4..Effect, This Easement shall run with the Protected Property as an incorporeal interest in the Protected Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor and/or Grantee" when used herein shall include all of those persons or entities. ARTICLETWO SALE GRANTOR, for THREE MILLION FIVE HUNDRED THREE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($3,503,500.00) 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: 7 3.01 Structures No structures may be erected or constructed on the Protected Property except as permitted by the Southold Town Land Preservation Committee ("Land Preservation Committee") and other applicable provisions of the Town Code and this Easement, included but not limited to Section 1.02, Section 3.07 and Section 4.06 of this Easement. 3.02 Excavation and Removal. of Materials, Min rn_g. Mineral exploitation, and extraction of any mineral (including, but not limited to soil, gravel, sand and hydrocarbons) by any method, surface or subsurface, is prohibited. Grantor shall not remove or fill topsoil, sand, or any other materials, nor shall the topography of the Protected Property be changed except in connection with the construction and maintenance of any structure or improvement expressly permitted to be placed or constructed on the Protected Property, under the terms herein. Grantor may remove topsoil, sand or other materials for purposes or erosion control and soil management only with the prior written approval of Grantee. The Land Preservation Committee has the right to require a Natural Resources Conservation Service (NRCS) farm management plan for the Protected Property prior to the removal of topsoil, sand or other materials, based on the extent and type of materials removed or on the alteration of the topography of the Property. Agricultural practices that are determined to be in accordance with an NRSC farm management plan shall not be prohibited. 3.03 Subdivision Except as provided in this Section 3.03, the Protected Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the Protected Property from which the development rights are acquired into two or more parcels, in whole or in part. 8 Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, subdivide the Protected Property into three (3) parcels, as depicted on the attached Schedule "B". In the event that the Protected Property is subdivided, any portion of the Protected Property so subdivided shall remain subject to this Easement. Subject to the approval of the Grantee, the allocation of the following rights between the subdivided parcels shall be determined by the Grantor and shall be set forth in the deed for any subdivided parcel conveyed, in an amendment to this Easement, or in another appropriate document to be recorded in the office of the County Clerk: (1) Construction of impervious surfaces as set forth in Section 3.07 ("Impervious Surfaces"); and (2) Construction or placement of structures under Section 4.06 ("Structures"); and (3) Construction or placement of utilities under Section 3.06 ("Utilities"). Such allocation of the rights listed in paragraphs (1)-(3) shall not result in total allowances greater than those allowed under each such section. Boundary line adjustments are permitted in the case of technical errors made in the survey or legal description. In such cases, boundary line adjustments cannot exceed 2 (two) acres for the entire Protected Property. Boundary line adjustments needed to correct technical errors that exceed 2 (two) acres will require Grantor and Grantee to amend this Easement pursuant to Section 7.02 ("Amendment"). Grantor may also seek to adjust lot lines between the Protected Property and adjacent agricultural parcels, provided that such adjustments do not result in any loss of acreage to the Protected Property. No new parcel may be created by such boundary line adjustments. Prior to making any subdivision or other application to adjust the lot lines of the Protected Property, Grantor shall consult with NRCS to 9 ensure that any subdivided parcels meet all NRCS eligibility requirements. Grantor shall provide NRCS with copies of any and all documents requested by NRCS in connection therewith. Mortgages or other non-possessory interest in land do not constitute subdivision for the purpose of this Easement, provided that such interests encompass the whole Protected Property. Only a part of the Protected Property that has been legally sold or conveyed separately from the remainder of the Protected Property, in conformity with this Section 3.03, may be mortgaged separately from the remainder of the Protected Property. The provisions of this section 3.03 are subject to a further Declaration of Covenants and Restrictions, recorded simultaneously with this Easement. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Protected Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Protected Property, including fertilization, composting and crop removal. This prohibition will not prevent generally accepted agricultural or wildlife management practices, such as creation of brush piles, composting, or the storage of farm machinery, organic matter, agricultural products, or agricultural byproducts on the Protected Property. Notwithstanding the foregoing, the storage and treatment of sewage associated with buildings permitted on the Protected Property is permitted by this Easement. 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 Protected Property and only for any of the following purposes: (a) to state the name of the Protected Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Protected Property or any portion thereof for sale or rent, (c) to post the Protected Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce 10 Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The granting of easements for utilities and installation of new utilities (power lines, gas lines, sewer lines, water lines, telecommunications towers, and wind farms) is prohibited as an encumbrance on the Protected Property rights of the United States. Notwithstanding that prohibition, Grantor may grant easements for the installation of utilities necessary for permitted uses of the Protected Property. Existing utilities may be replaced or repaired at their current location. The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems (""'utilities") on the Protected Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Protected Property. The Protected Property may not be used for the creation or placement of utilities to service any other properties. Grantor shall also have the right to erect structures and improvements necessary for the purpose of generating renewable energy for the agricultural needs of the Protected Property. Renewable energy structures and improvements may be built as permitted by Section 4.06 herein and the Town Code, now or as it may be amended, and subject to the approval of the Town of Southold Land Preservation Committee, provided the structures and improvements are consistent with and do not derogate from a defeat the Purpose of this Easement on other applicable laws. Renewable energy sources must be built in accordance with impervious surface limits, with minimal impact on the conservation values of the Protected Property and consistent with the Purpose of this Easement. 3.07 Impervious Surfaces Impervious surfaces are defined to include permitted residential buildings, agricultural buildings (with or without flooring), and paved 11 areas on the Protected Property (but not including public or country roads or other roads paved by easement holders who have rights that may be superior to the rights conveyed to Grantee by this Grant of Development Rights Easement) may not exceed eight percent (8%) of the total Protected Property acreage. In the event the Protected Property is subdivided as provided in Section 3.03 above, the total cumulative impervious surface found on each subdivided parcel shall not exceed the eight percent (8%) impervious surface limitation. In the instrument of subdivision, the total impervious surface limit must be allocated between each subdivided parcel by the Grantor with the prior approval of the Grantee. 3.08 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Protected Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now or as Chapter 70 may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now or as said §301 (2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, 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 Protected Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Protected Property. 3.09 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 12 shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the NRCS. 3.10 Conservation Plan All agricultural operations on the Protected Property shall be conducted in a manner consistent with a resource management system (RMS) Conservation Plan (the "'Conservation Plan") prepared by the NRCS utilizing the standards and specifications of the NRCS Field Office Technical Guide, 7 CFR Part 12 and approved by the Suffolk County Soil. and Water Conservation District. All lands enrolled in the Farm and Ranch Lands Protection Program will be subject to the Conservation Plan. The resource management system for cropland, prescribed in the Conservation Plan for all cropland enrolled in FRPP, will assure that selected conservation practice alternatives will prevent sheet and rill erosion from exceeding the current published soil loss tolerance level. Grantor shall give Grantee copies of the Conservation Plan upon request and advise Grantee of amendments thereto so as to enable Grantee to keep its records current. 3.11 Conservation Compliance_ Provisions of the Conservation Plan As required by Section 1238I of the Food Security Act of 1985, as amended, the Grantor, its heirs, successors, or assigns, shall conduct all agricultural operations on the Protected Property in a manner consistent with a conservation plan (the '"Conservation Plan") prepared in consultation with NRCS and approved by the Suffolk County Soil and Water Conservation District. This Conservation Plan shall be developed using the standards and specifications of the NRCS Field Office Technical Guide (FOTG) and 7 CFR Part 12 that are in effect on the date of this Easement. However, the Grantor may develop and implement a conservation plan that proposes a higher level of conservation and is consistent with the NRCS Field Office Technical Guide standards and specifications. NRCS shall have the right to enter upon the Property, with advance notice to the Grantor, in order to monitor compliance with the Conservation Plan. 13 In the event of noncompliance with the Conservation Plan, NRCS shall work with the Grantor to explore methods of compliance and give the Grantor a reasonable amount of time, not to exceed twelve months, to take corrective action. If the Grantor does not comply with the Conservation Plan, NRCS will inform Grantee of the Grantor's noncompliance. The Grantee shall take all reasonable steps (including efforts at securing voluntary compliance and, if necessary, appropriate legal action) to secure compliance with the Conservation Plan following written notification from NRCS that (a) there is a substantial, ongoing event or circumstance of non-compliance with the Conservation Plan, (b) NRCS has worked with the Grantor to correct such noncompliance, and (c) Grantor has exhausted its appeal rights under applicable NRCS regulations. Grantor shall be liable for any costs incurred by NRCS as a result of the Grantor's negligence or failure to comply with the conservation easement requirements as it relates to conservation plan violations. If the NRCS standards and specifications for highly erodible land are revised after the date of this Easement based on an Act of Congress, NRCS will work cooperatively with the Grantor to develop and implement a revised Conservation Plan. The provisions of this section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program and are not intended to affect any other natural resources conservation requirements to which the Grantor may be or become subject. 3.12 Drainage The use of the Protected Property for a leaching or sewage disposal field shall be prohibited. The use of the Protected Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and the Conservation Plan and in order to control flooding or soil erosion on the Protected Property. 3.13 Development Rights The-use of the acreage of this Protected 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 Protected Property) on the Protected Property, except for the right 14 to use the Protected Property for agricultural production as set forth in Article Four below and the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. 3,m14 . Roads Existing roads, as identified in the Baseline Documentation Report may be maintained and repaired in their current state. New roads may be constructed only if they are necessary for agricultural operations on the Protected Property. Paved roads are subject to the impervious limitation in section 3.07. 3...1..5.........Fences Existing fences may be repaired and replaced and few fences built on the Protected Property as necessary for agricultural operations on the Protected Property, including customary management of livestock and to delineate the boundary of the Protected Property, subject to applicable provisions of the Town Code. 3.16 Motorized Vehicle Use Grantor may not use motor vehicles on the Protected Property or grant permission for such use except as necessary in the accomplishment of the agricultural, forestry, habitat management, law enforcement and public safety, or other permitted uses of the Protected Property, provided that no use of motorized vehicles may create impacts that are detrimental to the productivity of the soils on the Protected Property and the purposes of this Easement; however, notwithstanding the foregoing, use of snowmobiles on snow is allowed on the Protected Property. 3.,17 m Industrial or Commercial Uses The establishment of any commercial or industrial facilities is prohibited (other than those necessary in the operation or uses of the Protected Property expressly permitted by this Easement) including but not limited to, a commercial feed lot, any retail sales or service business, restaurant, night club, campground, trailer park, motel, hotel, commercial recreation facility, gas station, retail outlet, or 15 facility for the manufacture or distribution of any product (other than products to be grown or produced on the Protected Property in connection with the purposes expressly permitted in this Easement). 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 Protected 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 Protected Property. 4.03 Use Grantor shall have the right to use the Protected 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 Protected Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. Grantor shall also have the right to use the Protected Property for traditional private recreational uses, including, but not limited to, hunting, cross-country skiing, camping, and horseback riding, subject to the limitations set forth in this Easement, including Section 3.01 and 4.06 ("Structures"), provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for sale or for other commercial purposes, including the commercial gain of Grantor-or others. 16 4 04 LandscapngActivities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Protected 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, fallen, or interfering with agricultural production, to clear wooded areas for agricultural production in accordance with the Town Code, to thin and prune trees to maintain or improve the appearance of the Protected Property, and to mow the Protected Property. 4.05 A rcultural_ Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now, or as Chapter 70 may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now, or as §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Grantor shall maintain discretion to employ its choices of farm uses and management practices so long as those uses and all operations are conducted in accordance with the Conservation Plan referred to in Section 3.10. Grantor may offer "U-Pick" operations and/or the use of a corn or other crop maze to the general public, provided such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the above, ""U-Pick" activities shall be deemed a harvesting activity, which is part of a typical agricultural use of the Protected Property, and, therefore, shall not be deemed a recreational use. Agri-tourism activities are permitted , such as farm tours, work experiences, field trips, corn mazes, and hayrides. 17 Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited, except as set forth in §4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other conservation instrument, including but not limited to farmstands. 4,.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following structures and improvements on the Protected Property, as may be permitted by the Town Code, now or as it may be amended, and subject to the approval of the Town of Southold Land Preservation Committee, provided the structures are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Protected Property and agricultural operations on adjacent properties; (ii) Construction of new structures, including those used for renewable energy production, provided such structures are necessary for or accessory to agricultural production; (iii) Renovation, maintenance and repairs of any existing structures'or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural; (iv) Any improvement excluded from the definition of "structure" in Section 1.02. (v) lot coverage with impervious surfaces shall be limited to eight percent (8%) of the area of the Protected Property; 18 B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Farm Labor Housing Subject to Section 4.06 of this Easement, Grantor may construct or place new dwellings on structures exclusively for Farm Labor Housing, limited to no more than one percent (1%) of the Protected Property. 4.08 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.09 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Protected Property but only subject to this Easement. Grantor shall promptly notify Grantee and the United 19 States Secretary of Agriculture of any conveyance of any interest in the Protected Property, including the full name and mailing address of any transferee, and, in the case of a transfer to an entity, the individual principals thereof. 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. 4.10 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Protected 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 Taxesm and..Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Protected Property, including any taxes or levies imposed to make those payments subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 General Indemnification Grantee and the United States have no obligations whatsoever, express or implied, relating to the use, maintenance or operation of the Protected Property. Grantee's or the United States' exercise of, or failure to exercise, any right conferred by this Easement shall not be deemed to be management or control of the activities on the Protected Property. Grantee shall not be liable to Grantor for injuries or death to 20 persons or damage to property or any other harm in connection with Grantee's administration and/or enforcement of this Easement, unless such harm is due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. Grantor shall indemnify and hold harmless Grantee and the United States, their employees, agents and assigns from any and all liabilities, claims, demands, losses, expenses, damages, fines, fees, penalties, suits, proceedings, actions and costs of actions, sanctions asserted by or on behalf of any person or governmental authority, and other liabilities (whether legal or equitable in nature and including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees on appeal) to which Grantee or the United States may be subject or incur relating to the Protected Property, which may arise from, but are not limited to, Grantor's negligent acts or omissions or Grantor's breach of any representation, warranty, covenant, or agreements contained in this instrument, or violations of any Federal, State or local laws, including all Environmental Laws, as defined below. .02A Environmental l Warr aq "Environmental Law" or "Environmental Laws" means any and all Federal, State, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and community right-to- know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses; health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect. "Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment. Grantor warrants that it is in compliance with, and shall remain in compliance with, all applicable Environmental Laws. Grantor 21 warrants that there are no notices by any governmental authority of any violation or alleged violation of, non-compliance or alleged non- compliance with or any liability under any Environmental Law relating to the operations or conditions of the Protected Property. Grantor further warrants that it has no actual knowledge of a release or threatened release of Hazardous Materials on, at, beneath or from the Protected Property, as such substances and wastes are defined by applicable Federal and State law. Moreover, Grantor hereby promises to hold harmless and indemnify the Grantee and the United States against all litigation, claims, demands, penalties and damages, including reasonable attorneys' fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at, beneath or from the Protected Property, or arising from or connected with a violation of any Environmental Laws by Grantor or any other prior owner of the Protected Property. Grantor's indemnification obligation shall not be affected by any authorizations provided by Grantee or the United States to Grantor with respect to the Protected Property or any restoration activities carried out by Grantee at the Protected Property; provided, however, that Grantee shall be responsible for any Hazardous Materials contributed after this date to the Protected Property by Grantee. 5.03 Grounds Maintenance Requirement If Grantor leaves the Protected Property open and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement a Natural Resources Conservation Plan (the "Plan") approved by Grantee, including the Town of Southold Land Preservation Committee, to maintain or restore the Protected Property to the condition in which it existed on the date of this Easement, as evidenced by the documentation referred to in Section 0.05, in order to protect the environmental, natural, scenic, conservation and agricultural values of the Protected Property. This shall not include restoration of trees on formerly wooded areas which were cleared for agricultural production. In the event Grantor fails to comply with the provisions of this section after reasonable written notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to implement the Plan, and to recover the costs of such implementation from Grantor, as provided in Section 5.02 and Section 6.03. 22 ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Protected Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Protected Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld, and not more frequently than annually without Grantor's consent. Representatives of the United States Department of Agriculture shall also have the right to enter the Protected Property for monitoring Conservation Plan implementation, upon prior notice to Grantor and not more frequently than annually without Grantor's consent. Grantee shall not have the right to enter upon the Protected Property for any other purposes, except as provided in Section 5.03 and 6.03, or to permit access upon the Protected Property by the public. 6.02 Restoration In addition to Grantee's remedies under Section 5.03, Grantee shall have the right to require the Grantor to restore the Protected Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Protected Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather, disease, animal or pest action, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Protected 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 23 part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) days' written notice thereof by Grantee (which notice requirement is expressly agreed by Grantor to be reduced with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires more 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 Protected 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 Protected Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To enforce any term, provision, covenant or obligation in this Easement or to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in the Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within thirty (30) days. Grantor shall pay either directly or by reimbursement to Grantee and/or to the United States of America, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee or the United States of America (herein called "Legal Expenses") in connection with any proceedings under this Section, as approved by the Court. 24 Under this Grant of Development Rights Easement, the United States is granted the right of enforcement in order to protect the public interest. The Secretary of the United States Department of Agriculture (the "Secretary") or his or her assigns, on behalf of the United States, may exercise this right of enforcement under any authority available under State or Federal Law if the Town of Southold, or its successors or assigns, fails to enforce any of the terms of this instrument, as determined in the sole discretion of the Secretary. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or by registered or certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. 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 to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Where notice is required to the United States of America or to the NRCS, such notice shall be delivered to U.S. Department of Agriculture, NRCS, c/o Commodity Credit Corporation, State Conservationist, The Galleries of Syracuse, 441 South Salina Street, Suite 354, Syracuse, New York 13202-2450. Notice to the NRCS shall be deemed notice to the United States of America. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 25 6 Extin.guuishm n of Ease r ept/Con mnatio The interest of the United States in this Easement is a vested property right that cannot be condemned by State or local governments and may not be extinguished, terminated or condemned without the express written consent of the United States. No proceeding to extinguish or terminate this Easement or to condemn the Protected Property in whole or in part shall be commenced without advance notice to NRCS and the express written consent of the United States. At the mutual request of Grantor and Grantee and the United States of America, a court with jurisdiction may, if it determines that conditions surrounding the Protected Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Protected Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Protected Property or any portion thereof shall be taken or condemned by eminent domain, approved in advance by the United States Department of Agriculture NRCS, then this Easement shall terminate with respect to the Protected Property, or portions thereof so taken or condemned, and the Protected Property shall not be subject to the limitations and restrictions of this Easement. In such event, NRCS will collect Commodity Credit Corporation's share of the Easement based on the appraised fair market value of the Easement at the time the Easement is extinguished or terminated or the Protected Property is condemned. The Commodity Credit Corporation's share will be in proportion to its percentage of original investment. In the event of a condemnation action, approved and consented to by the United States, the Grantor, its successors or assigns, shall not be required to pay any penalties. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between the parties concerning its subject matter. Any prior agreement between 26 the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7..02 Amendment This Easement is made with the intention that it shall qualify as a conservation easement in perpetuity under Code Section 170(h). The parties agree that amendments to the provisions of this Easement may be permitted by Grantee if such amendment shall be necessary to entitle Grantor to meet the requirements of Code Section 170(h) and/or to enable Grantee to amplify the public benefits attributable to this Easement. This Easement can be amended and modified only in accordance with the common and statutory laws of the State of New York applicable to the modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement, with the written approval of the Secretary of the United States Department of Agriculture, provided however, that Grantee shall have no right or power to agree to any amendment hereto that would result in this Easement failing to qualify as a valid conservation easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, or any regulation issued pursuant thereto. 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. The United States of America shall also consent to any such alienation. In addition to the limitations set forth above, Grantee shall have the right, subject to the provisions of Section 6.03 (Enforcement Rights of Grantee) herein, to transfer all or part of this Easement to 27 any public agency, or private non-governmental organization, that at the time of transfer is a "qualified organization" under §170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any subsequent owner, and the United States Department of Agriculture, NRCS. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. The United States Department of Agriculture, NRCS, will be notified in writing in advance of such transfer. The NRCS State Office must approve the choice of any new non-governmental organization in advance of any transfer of this Easement. 7.04 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 New York law applicable. to deeds to and easements on land located within the State of New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.,06.... 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 consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth 28 of the restrictions on use of the Protected Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited its right to use the Protected Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Protected Property, or to use images of the Protected Property. Grantee may use images of the Protected Property only for non- commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Record .n.g. 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. 7.11 Proceeds This Easement immediately vests real property interests in the Grantee and the United States, and may only be extinguished with the approval of the Grantee and the United States. Due to the federal interest in this Easement, the United States must consent to any condemnation action of the federal interest. If the State or local government proposes to condemn the Protected Property, NRCS must be notified immediately and the consent of the United States must be 29 received by the condemning agency before any condemnation action may proceed. In a sale or exchange of all or a portion of the Protected Property subsequent to an extinguishment or condemnation action, the United States' share of the proceeds shall be proportionate to its percentage of original investment. Grantee will use all its share of the proceeds from the sale of the Protected Property in a manner consistent with the conservation purpose of this Easement and the purposes of the Farm and Ranch Lands Protection Program. The United States' share shall be based on the appraised fair market value of the conservation easement at the time the Easement is extinguished or terminated. The fair market value of the Easement will be determined at the time the Easement is terminated, extinguished, or condemned by a complete summary appraisal that meets the Uniform Standards of Professional Appraisal Practice (USPAP) or Uniform Acquisition Standards for Federal Land Acquisition (UASFLA), approved by the Grantee and the United States of America, and completed by a New York State certified general appraiser. The fair market value of the Protected Property may not include any increase in value after the date of this New York Easement Deed that is attributable to improvements. 7.12 Merger In the event that the Grantee(s) or the United States takes legal title to Grantor's interest in the Protected Property, the Grantee must commit the monitoring and enforcement of the Easement to another qualified organization within the meaning of Section 107(h)(3) of the United States Internal Revenue Code (1986), as amended, which organization has among its purposes the conservation and preservation of land and water areas. 7.13. Subsequent Liens on Protected Property No provision of this Conservation Easement should be construed as prohibiting the ability of Grantor to use the Protected Property as collateral for a subsequent borrowing. Any subsequent liens on the Protected Property must be subordinate to this Easement. 30 IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: The Unified Credit Trust under the Will of Martin B. Sidor, Jr. for the benefit of Frances Sidor, and the Estate of Frances Sidor, Grantors BY: _. Martin H. Sidor, as Co-Trustee and Co-Executor BY: Robert Sidor, as Co-Trusted and Co-Executor Diane Regeness, as Trustee and Co-Executor Joanne Kraebel, as Co-Trustee and Co-Executor ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUT LD, Grantee BY: _..:_ .... O A. RUSSELL, SUPERVISOR Acceptance of Property Interest by the Natural Resources Conservation Service The Natural Resources Conservation Service, United States Department of Agriculture, an agency of the United States Government, hereby accepts and approves the foregoing Grant of Development Rights Easement, and the rights conveyed therein, on behalf of the United States of America. Auth ied Signatory for the NRCS GREGORY A. KIST, State Conservationist 31 STATE OF NEW YORK ) COUNTY OF 1rV^7,,i1,i%FI) SS: On this,'' -VV ay ofmmiklY K in the year 2014 before me, the undersigned, personally appeared GREGORY A. KIST, personally known to me or proved to me on the,basis of satisfactory evidence to be the individuq (� whose namgk"' are) subscribed to the within instrument and acknowledged to me tha he-/shelthey executed the same rn & 'l her/their capacity qy,; and th6t by„hl , her1thelr signature(s) on the instrument, the indvidual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. KIMBERLEY A.GLENN W ° Notary Public otar i No. OIGL5089252 County of Onondaga, State of N.Y. STATE OF a>Uenw Ye-el”, ) Commission Expires: COUNTY OFTicr-�e&K ), SS: December 8. f 1 On the day of _..m_ in the year 2014 before me, the undersigned, personally appeared Martin H. Sidor, 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. Signatur%ffr'ce ofindiv/deal taking acknorle� rr ent PATRICIA, L N-AN I.. N�NotWy P01311C, Slt"M,9 Of New Fork �J No,r� 0117M c�5 N�N 6 STATE OF � ' 7DIvl) �"N�.a lffle.N In cRNN (,Da.�� t comnilssion Eixpir'va April 24, 'U/1' COUNTY OFaF dAX), SS. On the 14 day of .� I A � In the year 2014 before me, the undersigned, personally appeared Robert Sidor, 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 s/gnature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument Signatur%fce of individual taking acknowledgement pKj-RN IA L FALLON 32 NotaTy Pol)lic State Of Nc-",w York Nrp:NN New Nra Baa Lb '�a uau N — �aw-a�a�7N,� Ncra Nxtrr AI`arNN r i STATE OF V`v�- COUNTY OFA L , SS On the_qday of the year 2014 before me, the undersigned, personally appeared Diane Regeness, 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 individual(s) acted, executed the„Instrument ., -. pu na /d ce.,of individual`l akin ac/c of I IraICOMMISSION . .. 'COMMISSION#70 R 90.2p1ri STATE OF '�� ) COUNTY OF,5'jFAI K), SS. On the '-�' day of IOU, in the year 2014 before me, the undersigned, personally appeared Joanne Kraebel, 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 individual(s) acted, executed the instrument. Amju�--L. " Signatur%ice of individual taking acknowledgement pKrFlICIA l_. F' t.LON Notally Ptlblwc, .,tate of New Yark Nr, C j A495 14 het sdd�� In Suffoll(COLHAY STATE OF Akw Vvkl< cor-firrilssion Expire April 24, COUNTY OF &Z1Pdam ) SS. On this Ot day of in the year 2014 before me, the undersigned, personally appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals) 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 individual(s) acted, executed the instrument. Notary,public PATRICIA L. FALLON Notary Public, SUIAO, 33 tjo, 0" j-, d6fie't in �, t r�d4 ZAcau,11 24, ' o- a 94 Hip �� ip y H e „ .. N M od IV w M4y Tq m Ni� stewart �t V NEW YORK METRO 800-853-4803 914-997-1698 fax title insurance company stewartcom/nymetro SCHEDULE A-DESCRIPTION Title No.: ST14-21992 AMENDED 10/17/2014 DEVELOPMENT RIGHTS EASEMENT: ALL that certain plot, parcel or piece of land,situate,lying and being at Mattituck,in the Town of Southold,County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point on the southerly side of Oregon Road(North Road)distant 1,305.33 feet from the corner formed by the intersection of the southerly side of Oregon Road(North Road)with the easterly side of Mill Road; RUNNING THENCE in a southeasterly direction South 22 degrees 25 minutes 48 seconds East,345.43 feet, the true point or place of beginning; THENCE in an easterly direction North 65 degrees 39 minutes 59 seconds East,536.37 feet to land now or formerly of Charles Smithen and Barbara Smithen(Town of Southold Development Rights); THENCE along said land South 24 degrees 20 minutes 01 second East, 1,231.93 feet to a point; THENCE still along said land the following two(.2)courses and distances: l) North 73 degrees 05 minutes 49 seconds East, 285.71 feet; 2) South 27 degrees 08 minutes 01 second East,246.94 feet to land now or formerly of Peter Deerkoski and Felix Deerkoski (Town of Southold Development Rights); i THENCE along said land the following three(3)courses and distances: 1) South 24 degrees 39 minutes 31 seconds East,654,36 feet; 2) North 65 degrees 59 minutes 29 seconds East, 344.58 feet; 3) South 24 degrees 38 minutes 01 seconds East,566.10 feet to land now or formerly of the County of Suffolk; THENCE along said land the following two(2)courses and distances: 1)_ Souch..76 degrees 19 minutes 59.seconds West,223.04.feet; 2) South 24 degrees 45 minutes 01 second East,63.37 feet to a point; THENCE westerly and southerly the following two courses (2) and distances: 1) South 76 degrees 19 minutes 59 seconds West,367.06 feet; 2) South 13 degrees 40 minutes 01 second East,296.75 feet to the northerly side of Wickham Avenue(Old Middle Road); I THENCE along said northerly side of Wickham Road(Old Middle Road)South 76 degrees 19 minutes 59 seconds West,659.02 feet to land now or formerly of Adrian H. Courtnay 171; THENCE along said land now or formerly of Courtnay(Town of Southold Development Rights)the following two(2)courses and distances: 1) North 21 degrees 54 minutes 50 seconds West,234.20 feet; 2) North 22 degrees 21 minutes 30 seconds West, 1,425.18 feet to land now or formerly of David Page and Barbara Shinn(Town of Southold Development Rights); THENCE along said land North 22 degrees 25 minutes 48 seconds West, 1,204.05 feet to the true point or place of BEGINNING. 2 SCHEDULE B � I I u 6 '�it� iw mo � � ✓ I � Il"I r 1d✓y F( FM Y M w LU � r✓ ,t, , 78 ✓� F�r�;9. 17N �� 1 �. �Tf. 7 G5 �,4 I"""" V�✓�✓"9 � util � � YI �� I r y!� �� D"d r � r Jig( ' tr� ✓� !,rJ'�h� ori i df�r u1 '� , i; �r ✓ n `� ✓ fi w orf 6 J✓r ; rur ✓ < F Y�� ) 1'til °�� f �'7kj1JJ�D �, �✓ 'P J ✓! � ' i FSA" q r�h w t x i ✓;i �'� Ao Y� �� !y��r a��tri� 1�J r � r ( r ✓d � � P i i)�i� �i�l��.�'�. � lr �'�f�Y�,^?rr"v� 1✓l i'7f� � s ✓ e � l( j� �"�� rF a � r k� �; e M 1 rir r4 � i ✓✓ � t� �!i� yt��J I � 1 ✓w r i li i'rn 1 Yry �✓�, k'd,„�i r a l ✓1 6.J ro y ("`✓ lr a r >'� �� J9 n'✓. 9 1 1 4!9i ur w✓ ' nr,�F i �!� ��r ,r � ✓din, � is .�✓ � I r U a ✓� t� �� ✓ '� � . �1J ern r `i,l u! I r �;�131 i fr w 9d b �+ �� J ✓" �pm � �.. i�1y- �'1��1't.l��y✓ h f '� e 1�sw` 1� i �F i I,, �r �P r � � LP�a h " OFFICE LOCATION: MELISSA A.SPIRO � "v�„ Town Hall Annex LAND PRESERVATION COORDINATOR I �� „,.. 54375 State Route 25 melissa.spiro@town.southold.ny.usk P (corner of Main Rd&Youngs Ave) Southold,New York Telephone(631)765-5711 Facsimile(631)765-6640 ' � � MAILING ADDRESS: P.O.Box 1179 www.southoldtownny.gov Southold,NY 11971-0959 ZZ Y111, DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD u IE To: Supervisor Russell Tax Assessors Town Board Building Department Town Clerk Land Management E 014 Land Preservation Committee Town Comptroller Town Attorney Planning Board ou liold Towrq�^°w° Public Works Peconic Land TrustFlaunlluiit�g Board Suffolk Co Division of Real Estate The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: December 4, 2014 Re: SIDOR to TOWN OF SOUTHOLD Part of SCTM#1000-100.4-4 Development Rights Easement Please be advised that the Town of Southold has acquired a development rights easement on the property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 2010 Oregon Road, Mattituck SCTM#: part of 1000-100.4-4 PROPERTY OWNERS: Martin H. Sidor, Robert Sidor, Diana Regeness and Joanne Kraebel as Co-Trustees of the Unified Credit Trust and also as Co-Executors of the Estate of Frances Sidor CONTRACT DATE: July 22, 2014 PURCHASE DATE: Closing took place on December 4,2014 PURCHASE PRICE: $3,503,500.00 ($65,000/buildable acre based on 53.9 buildable acres) EASEMENT ACREAGE: 53.9 acres TOTAL PARCEL ACREAGE: 61.0976 acres RESERVE AREA A: 4.5544 acres RESERVE AREA B: 2.6433 FUNDING: Community Preservation Fund (2%) GRANT AWARD: $1,898,000—USDA NRCS (reimbursement) MISCELLANEOUS: On October 16, 2014,the Planning Board granted Sketch Approval for an Open Development Area ("ODA"). The ODA is located on 7.2 acres of the 61.1 acre parcel with the ODA consisting of three lots ranging in size from 1.8±to 2.4± acres per lot. The Town Board granted approval for the establishment of the ODA on October 21, 2014(Resolution No. 2014-847). -6 UJ3 s �R F(� ( kL i" I fl-S ELIZABETH A.NEVILLE,MMC �� 9'R� Town Hall, 53095 Main Road TOWN CLERK m'i� �'� P.O. Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICSFax(631)765-6145 MARRIAGE OFFICERS mlµ Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER N ^ �� www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Heather Lanza, Director of Planning �` Melissa Spiro Land Preservation Coordinator From: Elizabeth A. Neville,Town Clerk Re: Sidor Open Development Maps Date: November 14, 2014 Enclosed please find a map of the Sidor Open Development Area approved by the Southold Town Board on October 21, 2014 and signed by Supervisor Scott A. Russell on October 31, 2014 for filing in your office. The office of Esseks, Hefter&Angel, LLP were given the three (3) mylar maps and nine (9 ) paper maps together with copies of Southold Town Board Resolution 2014-847 on this date. Saf FO ELIZABETH A.NEVILLE,MMC Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER 4 Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.soutoltownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Patricia M. Carroll, Esseks, Hefter&Angel LLP From: Elizabeth A. Neville,Town Clerk Re: Sidor Open Development Area Maps Date: November 14, 2014 On this 14th day of November, 2014 three (3) Mylar Maps and Nine (9) Paper Maps signed by Scott A. Russell,Supervisor,Town of Southold of the Sidor Open Development Area which was approved by the Southold Town Board on October 21, 2014 by Resolution Number 2014-847 were presented to Esseks, Hefter&Angel, LLP Received by George Conklin on ' half of Esseks, Hefter & Angel, LIP "�glfdt'w RESOLUTION 2014-847 ug " ADOPTED DOC ID: 10183 THIS IS TO CERTIFYAT THE FOLLOWINGL . 2014-847 WAS ADOPTED AT THE REGULARTISOUTHOLD TOWN BOARD ON OCTOBER1, 2014: WHEREAS, on October 6, 2014, the Southold Town Planning Board granted Sketch Approval on the Sketch Plat prepared by prepared by Fox Land Surveying, dated February 19, 2014, for an Open Development Area pursuant to 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from Esseks, Hefter & Angel, LLP to establish an Open Development Area pursuant to Chapter 240 of the Town Code on the property identified as part of SCT #1000-100-4-4 and located in the A-C Zoning District; and WHEREAS, the requested Open Development Area is located on 7.2 acres of the 61.1 acre parcel with the Open Development Area consisting of three lots ranging in size from 1.8 to 2.4+/- acres per lot; and WHEREAS, the Development Rights to the remaining 53.9 acres will be acquired by the Town using Community Preservation Funds and a grant from the United States Department of Agriculture Natural Resources Conservation Service and the 53.9 acre area will be subject to a Development Rights Easement; and WHEREAS,the Open Development Area Plan was found to be consistent with the Sketch Plan approved on October 6, 2014 by the Planning Board; and WHEREAS, on October 7, 2014, the Town Board adopted a resolution accepting the petition as complete and setting the public hearing for October 21, 2014; and WHEREAS, on October 21, 2014 the Town Board held and closed a public hearing on the proposed establishment of the Open Development Area; and WHEREAS, the Town Board finds that the requirements for the establishment of an Open Development Area pursuant to Southold Town Code Chapter 240, ARTICLE VIII, Open Development Area have been met; and WHEREAS, the Town Board performed a coordinated review of this Type I action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWPR; therefore be it Resolution 2014-847 Boara Meeting of October 21, 2014 RESOLVED, that the Town Board of the Town of Southold, pursuant to SEQRA, hereby establishes itself as lead agency and as lead agency, makes a determination of non-significance for the proposed action and issues a Negative Declaration; and be it further RESOLVED, that the Town Board of the Town of Southold hereby grants approval for the establishment of an Open Development Area as shown on the map prepared by Fox Land Surveying entitled "Development Rights Easement Survey prepared for Town of Southold", dated Sep 22, 2014 and last revised Oct 1, 2014, and labeled "Reserve Area A" and "Reserve Area B", subject to the following conditions: 1. Revise the Open Development Area map referenced above (mylars and paper)to show the following: a. Replace the notations "Reserve Area A" and "Reserve Area B" with the notation "Open Development Area". b. Revise the title of the map to show"Open Development Area Martin Sidor". 2. The approval of the Open Development Area shall not be valid if the Sale of the Development Rights to the Town is not completed and a copy of the recorded deed of development rights is not submitted to the Town of Southold Town Board on or before one year from the date of this approval. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Updated: 10/20/2014 3:27 PM by Carol Kalin Page 2 MARTIN D. FINNEGAN SCOTT A. RUSSELL TOWN ATTORNEY Supervisor wS martin.finnegan@town.southold.ny.us SO STEPHEN F.KIELY " � Town Hall Annex, 54375 Route 25 ASSISTANT TOWN ATTORNEY AL AL P.O. Box 1179 stephen.kiely@town.southold.ny.us Southold, New York 11971-0959 LORI M. HULSE Telephone(631) 765-1939 ASSISTANT TOWN ATTORNEY 67110 Facsimile (631) 765-6639 lori.hulse@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM y10V 6 2014 To: Elizabeth A. Neville, Town Clerk u�Ieannrr,g Boa°d From: Lynne Krauza Secretary to the Town Attorney Date: November 5, 2014 Subject: Sidor ODA - SEQRA For your records, I am enclosing the original, fully executed Full Environmental Assessment Form and Negative Declaration in connection with the referenced matter. We have retained a copy of this document in our file. Also enclosed is a copy of the resolution authorizing Scott to sign same. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures " cc: Mark Terry, Principal Planner"" Full Environmental Assessment Form Project: Agency Use Only iIf applicable]- Part 2-Identification of Potential Project Impacts Date: Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s)will not necessarily be environmental professionals. So,the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2,the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed,the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area,complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application,maps,supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. • If you answer"Yes"to a numbered question,please complete all the questions that follow in that section. • If you answer"No"to a numbered question,move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box"Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact,it may help to review the sub-questions for the general question and consult the workbook. • When answering a question consider all components of the proposed activity,that is,the"whole action • Consider the possibility for long-term and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and context of the p Cct, I. Impact on Land Proposed action may involve construction on,or physical alteration of, []NO YES the land surface of the proposed site. (See Part 1.D.1) anSWer questions a-j, ff"No", move on to Section 7., ll�',. �r riJ,`�, �f kl, ;✓f/ Relevant No,or Moderate Part I small to large ��i✓ iact im act may Question(s) m P p Y //, 1G1 , I Y„r,, �'ii lila)%��+ fr ✓yj� ilhh �ni '��"f .....UC #JCS#fir a.The proposed action may involve construction on land where depth to water table is E2d less than 3 feet. El b.The proposed action may involve construction on slopes of 15%or greater, Elf c.The proposed action may involve construction on land where bedrock is exposed,or Eta 0' E] generally within 5 feet of existin ground surface. d.The proposed action may involve the excavation and removal of more than 1,000 tons D2a of natural material. e.The proposed action may involve construction that continues for more than one year D 1 e or in multiple hales. f.The proposed action may result in increased erosion,whether from physical D2e,D2q 0 El disturbance or ve etatlon removal(including from,treat! icidcs), g.The proposed action is,or may be,located within a Coastal Erosion hazard area. B 1 i ® 0 h.Other impacts: Page 1 of 10 2. Impact on Geological Features The proposed action may result in the modification or destruction of,or inhibit access to,any unique or unusual land forms on the site(e.g.,cliffs,dunes, ONO ❑YES minerals, fossils,caves). (See Part 1.E.2.g) I "Yes", answer 'ZC 'Stion,S a- C. i, "No", move on to Section 3. No or Moderate I� °� r small to lar e e a.Identify the specific land form(s)attached: Egg ❑ b.The proposed action may affect or is adjacent to a geological feature listed as a E3c ❑ ❑ registered National Natural Landmark. Specific feature: .,_,.__ c. Other impacts: 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water ONO ❑YES bodies (e.g.,streams,rivers,ponds or lakes). (See Part 1.D.2,E.21) I "Yes", answer questions a-L I "No", move on to Section 4. I '�.y °''! r!%rl e!,;. %r'',!!';y%J ! % i'fi/ 1 1'rDf I/fo/i//Ir1� / /rrfJ.../� rr fl(i r., ,.q ( r yr rr t,r:l/�//�;/�fi../1/r1(,%fri,./i�ll'3,jf�!/lrl/��1�,gl""�!l�"rJ;r(l/',1s,�I'„/ YYr>(r<��✓I;Jf�lf f�r;!/1p��/GiJg,rG/��6ffr/l�'j1I�/r/iI,Y///l�,r�,rI�/�/h�,/��>1 lrf%i/�'�,�%H'!r�%//If'p r tn�f4�r,I�/,�'��r%�i/'�/yrar'/%1r/,',�l/fir/ Relevant No, or Moderate' ri g�1Part I small to large .. 1,, Q uestion(s) impact impact may OCCur OCCur a.The proposed action may create a new water body, D2b,Dlh ❑ ❑ b.The proposed action may result in an increase or decrease of over 10%or more than a D2b ❑ 10 acre increase or decrease in the surface area of any body of water. c.The proposed action may involve dredging more than 100 cubic yards of material D2a ❑ rm� from a wetland or water body. d.The proposed action may involve construction within or adjoining a freshwater or E2h ❑ ❑ tidal wetland,or in the bed or banks of any other water body. e.The proposed action may create turbidity in a waterbody,either from upland erosion, D2a,D2h ❑ P„ runoff or by disturbing bottom sediments. f.The proposed action may include construction of one or more intake(s)for withdrawal D2c ❑ of water from surface water. g.The proposed action may include construction of one or more outfall(s)for discharge D2d ❑ ❑ of wastewater to surface water(s). h.The proposed action may cause soil erosion,or otherwise create a source of D2e ❑ ❑ stormwater discharge that may lead to siltation or other degradation of receiving water bodies. i.The proposed action may affect the water quality of any water bodies within or E2h ❑ ri downstream of the site of the proposed action. j.The proposed action may involve the application of pesticides or herbicides in or D2q,E2h D ❑ around any water body. k.The proposed action may require the construction of new,or expansion of existing, Dla,D2d ❑ 11wastewater treatment facilities. Page 2 of 10 1.Other impacts:�.... _ ❑ 4. Impact on groundwater The proposed action may result in new or additional use of ground water,or [-]NO OYES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1.D.2.a,D.2.c,D.2.d,D.2.p,D.2.q,D.2.t) I "Yes", answer questions a-h. I "No", move on to Section 5. g r f�r�f�1 r✓J +R ! � � ( fU r � �f� ��r Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may require new water supply wells,or create additional demand D2c 0 ❑ on sr, dies from existing water supply wells. b.Water supply demand from the proposed action may exceed safe and sustainable D2c withdrawal capacity rate of the local supply or aquifer. Cite Source: c.The proposed action may allow or result in residential uses in areas without water and Dla,D2c ❑ ❑ sewer services. d.The proposed action may include or require wastewater discharged to groundwater. D2d,E21 ❑ 13 e.The proposed action may result in the construction of water supply wells in locations 132c,Elf, ❑ ❑ where groundwater is,or is suspected to be,contaminated. Elg,Elh ... _..... ._........................ f.The proposed action may require the bulk storage of petroleum or chemical products D2p,E21 ® ❑ over ground water or an aquifer. g.The proposed action may involve the commercial application of pesticides within 100 E2h,D2q, j ❑ feet of potable drinking water or irrigation sources. E21,D2c h. Other impacts: _._......__._... l ❑ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. ❑NO YES (See Part 1.E.2) I "Yes", answer questions a-g. I "No", move on to Section 6. ,1 1 + fr fo ,1 ,✓ . 9 l t „r�, � YI/o ) 1✓N / / 1 /„ r .,, �1 Jr ey r 1 lGfl/yr � lr, i i+ r/ f ! ,/,.��G . ) ,/i`✓ /,nr r ru,r 1�,,, , Relevant No or Moderate Part I small to large g r r 1, fli, l ,� � ! r /f 1 1�/Y �i,✓„1, „ U tl n Q e3 0 (S) impact impact may lr ir�r r f / ipr // rr �i�iir/r wii r r r; i r�i�rir t ma OCCUr OCCUr a.The proposed action may result in development in a designated floodway. Eli ❑ I b.The proposed action may result in development within a 100 year floodplain. E2j ❑' ❑' c.The proposed action may result in development within a 500 year floodplain. E2k ;`;;;;;;;p ❑ d.The proposed action may result in,or require,modification of existing drainage 132b,D2e ® ❑ patterns. e.The proposed action may change flood water flows that contribute to flooding. 132b,Eli, ❑ E2',E2k f.If there is a dam located on the site of the proposed action,is the dam in need of repair, E 1 e ❑ 0 or up ade? Page 3 of 10 g.Other impacts: ............. -:::Dj 6. Impacts on Air _ . The proposed action may include a state regulated air emission source. W]NO []YES (See Part 1.D.2.f.,D,2,h,D.2.g) ftl "Yes answer Mal-„ '""No" move on to Section 7.� �) Relevant No,or Moderate � I,'�U, 1� r Part I small to lar e �;� � ,�� g� !" '� �/� Question(s) Impact impact may -any occur occur a. If the proposed action requires federal or state air emission permits,,the actaoaa may also emit;one or more greenhoaise gases at or above the following levels: 1. More than 1.000 tons/year of carbon dioxide(CO9.) D2g ❑ ❑ ii. More than 3,5 tons/year of nitrous oxide(N20) D2g ❑ ❑ Hi.More than 1000 tons/year of carbon equivalent ofperlluoro carbons(PFCs) D2g ❑ ❑ iv,More than.045 tons/year of sulfur hexatluoride(SF6) D2g ❑ ❑ v. More than 1000 tons/year of carbon dioxide equivalent of D2g ❑ ❑ hydrochloroflourocarbons(HFCs)emissions vi.43 tons/year or more of methane D2h ❑ ❑ b.The proposed action may generate 10 tons/year or more of any one designated D2g ❑ ❑ hazardous air pollutant,or 25 tons/year or more of any combination of such hazardous air pollutants, c.The proposed action may require a state air registration,or may produce an emissions D2f,D2g :.a� ❑ rate of total contaminants that may exceed 5 lbs.per hour,or may include a heat source ca gable of proclucira more than 10 million BTU's aea hour. d.The proposed action may reach 50%of any of the thresholds in"a"through"c", D2g rr ❑ above. e.The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ ❑ ton of refuse per hour. f.Other impacts:_mITmm_ ❑ ❑ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1.E.2.m.-q.) mNO ❑YES answer questions a- '. I "No' _move onto Section& , � Relevant No,or Moderate <�Iil✓��/��if(J�/��r,,�„IJI/�.l'�11;,t JI �>l,/ IT� �Ir.i�%,��i,/,�Vi;';iJ� ��%i�y',�I„!1,r1r%!///��;fi�1l�'f,;% �/i,�/�r!%�i//is m�OCCUr OCCUr a.The proposed action may cause reduction in population or loss of individuals of any E2o ❑ : threatened or endangered species,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. b.The proposed action may result in a reduction or degradation of any habitat used by E2o ❑ ❑ any rare,threatened or endangered species,as listed by New York State or the federal government. c.The proposed action may cause reduction in population,or loss of individuals,of any E2p ❑ ❑ species of special concern or conservation need,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. d.The proposed action may result in a reduction or degradation of any habitat used by E2p ❑ t any species of special concern and conservation need,as listed by New York State or the Federal government. Page 4 of 10 e.The proposed action may diminish the capacity of a registered National Natural E3c ❑ ❑ Landmark to slort the biological commldnity it was established to RLOtect, f.The proposed action may result in the removal of,or ground disturbance in,any E2n � portion of a designated significant natural community. Source: g.The proposed action may substantially interfere with nesting/breeding,foraging,or over-wintering habitat for the predominant species that occupy or use the project site. E2m ❑ h.The proposed action requires the conversion of more than 10 acres of forest, Elb grassland or any other regionally or locally important habitat. Habitat type&information source: i.Proposed action(commercial,industrial or recreational projects,only)involves use of D2q ❑ herbicides or pesticides. j.Other impacts: �.. ......._ ❑ 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1.E.3,a, and b.) []NO ZYES I "Yes'°,, answer rtc,sfior s a_h. T "No", move on to&,&tion 9, j6g�/1fcYi%k/r !a'�1 f✓,fI,Y 1 2 !. .'r i r1 r(i I/ / '!f,�,y �. r1� i°%'Y/r/ rl rl ,i;'" ,r,7 ,c:: --'Ke-levant Ko, - f r Moderate „r..�/ {.� �/..ri .� � �t✓ /.�,.. ,// �/%l ./ / rl /.,� /,// Parti small to lar C r;r� ,,Y�i r /„✓//� �..../.,r, ,r /1,0 ov, �p17r1/l /r,// „o„ r J :/% /%�X...d r /i.. Y � J,"1!, �/// /.r/'l 1/,r,/r rlr�� /rile/',i /r� ln11!f/,iirl,/c,, /i,/ r ri, ,,, I✓ i frit ; Question(s) I impact Impact may 1r�,�lf%'�iy, /i„rll,rl//i�!i� rJnU%l`��1%1/9//i1/'i��G,/i//�oi�fl f�)�lltal ra/��i�i rol�rorri G r! r f ._ _.... occur a�c�ur a.The proposed may impact soil classified within soil group 1 through 4 of the E2c,E3b El® NYS Land Classification b.The proposed action may sever,cross or otherwise limit access to agricultural land Ela,Elb ❑ ❑ (includcs croplalsd,hayllelds, pasture,vineyaN•cl,orchard,etc.). c.The proposed action may result in the excavation or compaction of the soil profile of E3b ❑ active,a I•ioult�Ir��a land. d.The proposed action may irreversibly convert agricultural land to non-agricultural Elb,E3a gip, ❑ uses,either more than 2.5 acres if located in an Agricultural District,or more than 10 acres if not within an Agricultural District. e.The proposed action may disrupt or prevent installation of an agricultural land El a,Elb ® ❑ management system. f.The proposed action may result,directly or indirectly,in increased development C2c,C3, 0 ❑ otential orressule on farmland. D2c,D2d g.The proposed project is not consistent with the adopted municipal Farmland C2c ❑ ❑ Protection Plan. h.Other impacts: ❑' Page 5 of 10 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in [:]NO WIYES sharp contrast to,current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.La,E.Lb,E31.) I `Yes", answer ut�Mtaon a 1 No", Fo to Section 10 l.%/ r �J//, �� r%�,J,(/( i,, .,, il��,r,,., 1, I i 1 F ( f,� '//. / r✓I ri ,> 'l/ 1� Relevant „ ,`, rG NO,OC Moderate !/.l/G(/;MJ�%/ ..rll'`/i/ /�r/rrr'/; //✓�%i/ji/yf IJ(� r r/ �r r/r r% r ,/ Part I SInaII t0 large !„l,%��9�%r�e,.l,,�(!f�r�!�%r''f/�l��//j¢i<r.:r�r.;Y�/r!r,��l',r/�rG�/��1,,di��iri)('.//fry// ///�r r////.:rrli////,/f/,if/��!�j%,i•/''%�//rd/i,�u/(r/��/dl�„r;✓rfr:`,i//Ji rir�ri// ,/1ofi//.r'�rrj%,r 1�j//nij�/�/l/r�r,rt�!,r///f ,�/i/%r�J r r//1!/rlrr///.,! /r r 1 irr,+ra.; la rp e S"i impact impact may y �1,'v;'-/� r�116�%�r�,�(Q��r,,turf��/v/r!��j�7 af��f�„%(F, �/��f��Nell1/��1%��1/�/rye%✓f� r%/ %�r//�r/�,,r�� !�//, �/rig �%/��1�, 1T1J occur occur a.Proposed action may be visible from any officially designated federal,state,or local E3h 1 scenic or aesthetic resource. b.The proposed action may result in the obstruction,elimination or significant E3h,C2b ® ❑ screening of one or more ofEcia.C'I designated scenic views. c.The proposed action may be visible from publicly accessible vantage points: E3h i.Seasonally(e.g.,screened by summer foliage,but visible during other seasons) ® ❑ ii.Year round ® ❑ d.The situation or activity in which viewers are engaged while viewing the proposed E3h action is: L Routine travel by residents,including travel to and from work E2q' ii.Recreational or tourism based activities Elc it e.The proposed action may cause a diminishment of the public enjoyment danE3h ® 0 appreciation of the designated aesthetic resource. £ There are similar projects visible within the following distance of the proposed Dla,Ela, project: Dlf,Dlg 0-1/2 mile %z-3 mile 3-5 mile 5+ mile g.Other impacts: ❑ 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological ©NO EJ YES resource. (Part 1.E3.e, f. and g.) I "Yes”, answer questions a-e. If"No", go to Section 11. /! /ly//r ✓., ,� 1 t hrr/yi/Ji, r�,a -.rira ,i� ,rrr .1 A./�, / � % r / ✓ ///r �, ZeICValt No, Moderate I //1�1.,r /l iii,r(y/�lil ///, ✓, til/ �i//�� G!/,r f/, r/rr�l„l/rrx /r r, ., //�,1, /r/,,,, , l i(. ,� •I,.�// , 0 /„r G(4/I / /fA�r O/J// /// IIr,/� �. 'Irt 9/ ,� /1,.,/,� ,. �/�ri //Il., rl//1,M,v 1/ � � c/�� r l� /G1 , /,, �/ll,/i i ��.r�/, ( ,1�,>l G• Ail�ISr r�lU, � r,�r/ rf, rinf,/l a,/� � l��l` l/�r,,,rl (T��r��/�F,�,/�,t��l �/f,1�, /��,�(��',' r t�� f%,fir jtj�//�Y, •(r �,r,rJ;, ray; Pact I small t0 large Question(s) impact impact may may occur occur a.The proposed action may occur wholly or partially within,or substantially contiguous E3e ❑ ❑ to,any buildings,archaeological site or district which is listed on or has been nominated by the NYS Board of Historic Preservation for inclusion on the State or National Register of Historic Places. b.The proposed action may occur wholly or partially within,or substantially contiguous E3f ❑ ❑ to,an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory. c.The proposed action may occur wholly or partially within,or substantially contiguous E3ga to,an archaeological site not included on the NY SHPO inventory. Source: Page 6 of 10 d.Other impacts:.......__..... ❑ ❑ e.If any of the above(a-d)are answered"Yes",continue with the following questions to help support conclusions in Part 3: i. The proposed action may result in the destruction or alteration of all or part E3e,E3g, U ❑ of the site or property. E3f ii. The proposed action may result in the alteration of the property's setting or E3e,E3f, ❑ ❑ integrity. E3g,Ela, Elb iii. The proposed action may result in the introduction of visual elements which E3e,EH, ❑ ❑ are out of character with the site or property,or may alter its setting. E3g,E3h, C2 C3 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a ZNO E]YES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c,E.l.c.,E.2.q.) to Section 12. Relevant No'or Moderate g Parti small to large Question(s) Impact Impact may 4--"a-occur occur.~ a.The proposed action may result in an impairment of natural functions,or"ecosystem D2e,E 1 b ❑ 0- services",provided by an undeveloped area,including but not limited to stormwater E2h, storage,nutrient cycling,wildlife habitat. E2m,E2o, 1 2, E2 b.The proposed action may result in the loss of a current or future recreational resource. C2a,EIc, ❑ ❑ C2c,E2g c.The proposed action may eliminate open space or recreational resource in an area C2a,C2c ❑ ❑ with few such resources. Elc,12q d.The proposed action may result in loss of an area now used informally by the C2c,Elc ra to comntnunity as an o ear space resource. e. Other impacts: www.... ❑ ❑ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical NO YES environmental area(CEA). (See Part 1.E.3.d) I "Yes", answer questions a-c. I "No" o to Section 13. We" r P � ,�„�'ir ",r� Relevant No,or ModeratePartI small tolarge uestions im act im act ma1 / 1 Inlll '/�i,e%///v-P mI'll N (jr � aGa ,o,111 I1�i N ii,Gir!1��/Ge m 0�CCUr -0LCLLr a.The proposed action may result in a reduction in the quantity of the resource or E3d [ characteristic which was the basis for designation of the CEA. b.The proposed action may result in a reduction in the quality of the resource or E3d m ❑ characteristic which was the basis for designation of the CEA. c.Other impacts: ❑ Page 7 of 10 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. ❑✓ NO YES (See Part 1.D.2 j) 1 yfeanswer nswerWyew( - . o lo ,eIr crtr io,ne i„�1!k 4U. i,��G�rff(fr;l/��r✓,/�/d�,i1��1 Relevant No,or Modera t e Part small to large Question(s) impact impact may r capacity of eXistin road network ma occur occur a.'projected traffic increase may exceed tra ac�t� D2j ❑ ❑ b.The proposed action may result in the construction of paved parking area for 500 or D2j ❑ more vehicles. c.The proposed action will degrade existing transit access. D2j ❑ ❑ d.The proposed action will degrade existing pedestrian or bicycle accommodations. D2j gym: ❑ e.The proposed action may alter the present pattern of movement of people or goods. D2j ❑ ❑ f. Other impacts:. ❑ ❑ 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. ZNO ❑YES (See Part 1.D.21) I "Yes", answer uestions a-e. 1 "No" oto Section 15. Relevant No,or Moderate I small to large Question(s) impact Impact may may occur occur a.The ro osed action will re uire a new or an u ade to an existin substation. D2k ❑ ❑ b.The proposed action will require the creation or extension of an energy transmission Dlf, ❑ ❑ or supply system to serve more than 50 single or two-family residences or to serve a Dlq,D2k commercial or industrial use. c.The proposed action may utilize more than 2,500 MWhrs per year of electricity, D2k i::::r ❑ d.The proposed action may involve heating and/or cooling of more than 100,000 square Dlg ❑ c feet of building area when completed. e.Other Impacts: ...... 15. Impact on Noise,Odor,and Light The proposed action may result in an increase in noise,odors,or outdoor lighting. [:]NO []YES (See Part 1.D.2.m.,n.,and o.) I "Yes", answer questions a-f I "No", o to Section 1 . r yrs, r ar p 1 Irh"�''r�', f"�'/ i J'%f ,' �//'ii//r/n/ � >✓s rAvf/r /r r�l� i'�l""r f r � i:r n,., - ......... ._.� Relevant No,or Moderate Part I small to large M � 9 j J, , j�>��r„ � �i��%�J��l''� f/� �� . "`1�� rdR�// J�„p v,f(J �I � �, 0r� i� i�l��/%tii�,�,�i�9✓�i Question(s) impact impact-may � J 1�- //��,�A /4%.I.t?� i., ,�l it ,�i`.. / '�1+., rlr�r�/✓l � L.1 /n��sr�r%Ji/��.ai� �. ;�/<,u,,. � 1., 1T d i/ /„„ I,re�� (,✓/ /1,,, �,,,,, ,, , ,�� ma occur occur a.The proposed action may produce sound above noise levels established by local 62m ❑ ❑ regulation. b.The proposed action may result in blasting within 1,500 feet of any residence, D2m,Eld ❑ ❑ hospital,school,licensed day care center,or nursing home. c.The proposed action may result in routine odors for more than one hour per day. D2o ® ❑ Page 8 of 10 d.The proposed action may result in light shining onto adjoining properties. D2n Wi 0 e.The proposed action may result in lighting creating sky-glow brighter than existing D2n,Ela ® 13 area conditions. f.Other impacts: .....w El 16. Impact on Human Health The proposed action may have an impact on human health from exposure NO ❑YES to new or existing sources of contaminants. (See Part l.D.2.q.,E.1„ d. f.g.and h.) "Yes"", answer rrrslins°a-m. "No",, tr to ctrira 17. Relevant Noor Moderate. Part I small to large ,r Q � � impact lm impact mA �,, /+i/ ri ,, �,rrl �%yf t�i�i,,%Ii ✓/ � r fi!, �/// ��u� f r� ,,r/ /`G11r,fii//r/ ,,, 1 ,u/1„ PY r.,�✓�//J� ,� r /rr�.9„ ,r�� /r r,riii„ ��/��/i� ///1 �e �r/ r i.... r%/�i/i : 9,,,.d. '�;,,: 1ll �L r��✓f;:/ ��,rr<G I,,�,c i„!% yr Y, �oy /�i/f rf�' 1,/q,rill!'11J�ir�.,,,, „/;,%!f/tf��rU,ir,,,�ii�� rr$A eccur oeeaar. a.The proposed action is located within 1500 feet of a school,hospital,licensed day Eld ❑ care center roar itomenwsin home or retirement community. b.The site of the proposed action is currently undergoing remediation. Elg,Elh ❑ ❑ c.There is a completed emergency spill remediation,or a completed environmental site Elg,Elh ❑ aP, remediation art„,or raclacent to,the site of the ro apsecl action. d.The site of the action is subject to an institutional control limiting the use of the Elg,Elh ❑ roperty(e,g.„,easement or deed r° striction�. e.The proposed action may affect institutional control measures that were put in place Elg,Elh ❑ to ensure that the site remains protective of the environment and human health. f.The proposed action has adequate control measures in place to ensure that future D2t ❑ r generation,treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g.The proposed action involves construction or modification of a solid waste D2q,Elf rwr! ❑ mane emerrt facility. h.The proposed action may result in the unearthing of solid or hazardous waste. D2q,Elf r:r ❑ L The proposed action may result in an increase in the rate of disposal,or processing,of D2r,D2s r1 solid waste. j.The proposed action may result in excavation or other disturbance within 2000 feet of Elf,Elg ❑ 0 a site used for the(lis oral of solid or hazardous waste. Elh k.The proposed action may result in the migration of explosive gases from a landfill Elf,Elg ❑ ❑ site to adjacent off site structures. 1.The proposed action may result in the release of contaminated leachate from the D2s,Elf, ❑ ❑ project site. D2r m.Other Page 9 of 10 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. 7N0 FJYES (See Part 1.CA,C.2.and C.3.) If"Yes", answer questions a-h. If"No", o to Section 18. l % Relevant No, Mor oderate i�r Part I small to large �'fi r; � ! % I,r ,, o q r✓i fit!l p impact may P QIICStiOII(S) impact 1 r/1,i1, /ik� 1,I„r%� /1II1,U � ;. l%ti ✓ '1 I I ? ft/ il, f ma occur OCCUr a.The proposed action's land use components may be different from,or in sharp C2,C3,Dla ❑ ❑, contrast to,current surrounding land use pattern(s). Ela,Elb b.The proposed action will cause the permanent population of the city,town or village C2 ❑ ❑ in which the project is located to gow by more than 5%. c.The proposed action is inconsistent with local land use plans or zoning regulations. C2,C2,C3 ❑ ❑ d.The proposed action is inconsistent with any County plans,or other regional land use C2,C2 ❑ ❑ plans. e.The proposed action may cause a chane in the density of development that is not C3,Dlc, _. ,..,.,.,_ P p Y g tY P �� 13 supported by existing infrastructure or is distant from existing infrastructure. Dld,Dlf, Dld Elb f.The proposed action is located in an area characterized by low density development C4,D2c,D2d that will require new or expanded public infrastructure. D2j g.The proposed action may induce secondary development impacts(e.g.,residential or C2a ❑ '. commercial development not included in the proposed action) h.Other: _.. ❑ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. ©NO YES (See Part 1. C.2,C.3,D.2,E.3) I "Yes”, answer questions a-g. I "No" proceed to Part 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may replace or eliminate existing facilities,structures,or areas E3e,E3f,E3g ❑ of historic importance to the community. b.The proposed action may create a demand for additional community services(e.g. C4 ❑ UJ schools,police and fire) c.The proposed action may displace affordable or low-income housing in an area where C2,C3,Dlf ❑ 0 there is a shortage of such housin . Dlg,Ela d.The proposed action may interfere with the use or enjoyment of officially recognized C2,E3 ❑ ❑ or designateublic resources ee The-proposed action is inconsistent with the predominant architectural scale and C2,C3 D ❑ character. f.Proposed action is inconsistent with the character of the existing natural landscape. C2,C3 ❑_ ❑ Ela,Elb g• E2�E2h ° 1:1 P Other impacts:� _mm ... ..._._..... _ PRINT FULL FORM Page 10 of 10 J.. A,enc U ie Oz:: I 111'AtrtaH rrttel Project: Date: Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part!3 provides the reasons in support of the determination of significance. The lead agency 111LIS1 coinplete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element ofthe proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. See Attached. Determination of Significance- Type I and Unlisted Actions ............ SEQR Status: m Type I ❑Unlisted Identify portions of EAF completed for this Project: 2]Part 1 2]Part 2 [Z]Part 3 State Upon review of the information recorded on this EAF,as noted,plus this additional support information Bs�varo�rr,�n�tag_ c : 1:1�L " .i,�41�TIt�N 1"dr�tlt��Daaalsaat�ra..l : .. �i�.a � and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the Town of Southold Town Board as lead agency that: m A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617A). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: Sidor Farm Open Development Area Name of Lead Agency: Town of Southold Town Board Name of Responsible Officer in Lead Agency: Scottussell Title of Responsible Officer: Supervisor Signature of Responsible Officer in Lead Agency: 104 Date: 10/21/2014 Signature of Preparer(if different from Responsible Of icer) Date: 10/21/2014 For Further Information: Contact Person: Mark Terry,Principal Planner Address: 54275 State Route 25,PO Box 1179,Southold.NY 11971 Telephone Number:631-765-1938 E-mail:mark.terry@town.southold.ny.us For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: http://www.dec.ny.gov/enb/enb.html PRINT FULL FORM Page 2 of 2 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significance October 21, 2014 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 7 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Sidor Family SCTM#: 1000-100-4-4 Zone: AC Location: 2010 Oregon Road, Cutchogue SEQR Status: Type I (X ) Unlisted ( ) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposal is for an Open Development Area of a 61 acre parcel into three lots where Lot 1 equals 2.6 acres, Lot 2 equals 2.7 acres, Lot 3 equals 1.8 acres, located in the A-C Zoning District. This property includes a LIPA Easement and 53.9 acres of preserved open space. The action preserves the right to subdivide the parcel into 3 lots as an Open Development Area, however, the subdivision process is not completed at this time and no development is proposed. This review addresses the whole action where possible. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed. The determination was based upon the following: The parcel is located in the Agricultural Conservation zoning district. The purpose of the Agricultural-Conservation (A-C) District ...is to reasonably control and, to the extent possible, prevent the unnecessary loss of those currently open lands within the Town containing large and contiguous areas ofptime agricultural soils which are the basis for a significant portion of the Towne economy and those areas with sensitive environmental futures, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second-home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the Town is expending large sums of money to protect existing farm acreage. At the same time, the Town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interests of farmers and other farmland owners." The properties to the north, east and west are zoned Agricultural Conservation and the land use is agriculture. The property to the south is also zoned Agricultural Conservation and the current uses are agriculture and religious institution. Impact on Land The subdivision proposes to create 3 agricultural/residential lots. Lots 1 and 3 are currently vacant. Lot 2 is currently improved with a single family residence and agriculture barns. A total of 53.9 acres is proposed to be preserved as open space. Property soils consist of Riverhead Sandy Loam RdA and Rdb with slopes ranging from 0-8 percent. Limitations of these soils range from slight to moderate due to slopes. The proposed location for Lot 1 is comprised of Haven loam HaA soils and has slight limitations for most uses. The applicant is working with the Suffolk County Soil and Water Conservation District to develop a stormwater and soil conservation plan to mitigate soil loss impacts and stormwater that flows to Wickham Avenue. Agricultural best management practices will be employed and therefore the proposed action is not expected to result in a significant adverse impact on land. Impact of Water 1. Water Supply The parcel is located in the Special Groundwater Protection Area. Water supply to the lots is proposed via private well with approval from the Suffolk County Department of Health Services. The expected uses for Lots 2 and 3 is residential. The use for Lot 1 is currently unknown and therefore the water use cannot be calculated. 2. Sanitary Disposal In 1978, the (Long Island Regional Planning Board published the Long Island Comprehensive Waste Treatment Management Plan (208 Study). The 208 Study identified eight (8) hyd'rogeologic zones in Nassau and Suffolk Counties. These zones were distinguished based upon differences in underlying groundwater flow patterns and water quality. The subject site is located within SCDHS Groundwater Management Zone IV, which according to Article VI of the Suffolk County Sanitary Code, has an allowable flow of 600 gallons per day (gpd) per acre in areas served by public water. Therefore, the allowable nitrogen bearing flow for Lot 1 is 1,584 gpd; Lot 2 1,626 gpd and Lot 3 is 1,098 gpd. The future use on ILot 1 and 3 will be further assessed to sanitary disposal once proposed. Currently Lot 2 its a developed with a single family residence and agricultural buildings. The lot proposes to create one additional single family residence. Future development would be required to conform to Article VI of the Suffolk County Sanitary Code. The action proposes to create one additional single family residence. Future uses would conform to Article VI of the Suffolk County Sanitary Code and would not be expected to adversely affect groundwater quality provided properly functioning systems are designed and installed. However, since the action is located over a Special Groundwater Protection Area it is recommended that sanitary systems are designed to reduce impacts to groundwater to the greatest extent practical. 3. Ground or Surface Water Quality or Quantity The quality of groundwater underlying the proposed lots is currently unknown. A test hole has not been drilled. The parcel is currently in agriculture, and existing storm water drainage patterns are manipulated by agricultural operations. The property slopes to Wickham Avenue and during high precipitation events stormwater flows towards Wickham Avenue. The applicant is working with the Suffolk County Soil and Water Conservation Service to develop a conservation plan to address soil loss and stormwater impacts to Wickham Avenue. The parcel is not located with a Town of Southold Sewershed and future development of proposed lots will be required to file a SWPPP with the New York State Department of Environmental Conservation. Due to the required stormwater permits, plans and controls no substantial impact to groundwater is expected to occur if the project is implemented as planned. 4. Flooding The proposed lots are located in an unmapped FEMA zone, therefore, the potential impacts from threat of flooding is low. Impact on Air No substantial adverse change in existing air quality is expected to occur. Impact on Plants and Animals The New York State Environmental Research Mapper (2009) was referenced to determine if records of rare or threatened plants or animals have been identified as occurring on site. No rare or threatened plants or animals have been recorded on site or within the vicinity of the site. With the exception of Lot 1 (which is improved), the parcel has been disturbed through agriculture. Due to the level of disturbance, the potential occurrence of rare or threatened plants or animals on site is low. Based on current agricultural use, no significant removal or destruction of large quantities of vegetation will occur as a result of this action. Correspondingly, no substantial interference with the movement of any resident or migratory fish or wildlife species nor impacts on a significant habitat area will occur. Impact on Agricultural Land Resources The parcel is located in an Agriculture and Markets Law, Article 25-AA, Agricultural District (1). The primary use on the property is agriculture. Development rights are proposed to be sold on a total of 53.90 acres and an easement will be required to preserve the agricultural uses on this portion of the parcel. A total of 7.19 acres is proposed to be affected by future development when the subdivision is completed. The development of the lots is expected to affect agricultural lands greater than 2.5 acres of agricultural lands in the Agricultural District. However, it is unknown at this time if the future use on the lots would be nonagricultural. Impact on Aesthetic Resources The property is visible from County Route 48, a designated New York Scenic Byway that is located south of the property and Oregon Road which is located to the northwest of the property.. Oregon Road had been identified as one of the most scenic roadways with views of agricultural operations in the Town of Southold. The action would create one additional lot and potential for a structure(s). The preservation of scenic views would depend on the type of use and placement of structures. To preserve the scenic view from County Route 48 one lot is being proposed in the southeast corner of the parcel. The preservation of scenic views would also depend on the type of use (agricultural vs residential) and placement of structures. The action will not substantially adversely impact the current view shed and/or aesthetic resources. Impact on Historical and Archeological Resources The New York Department of State GIS - Public Access Map was referenced for occurrence of historical or archeo-sensitive areas on site. No protected, historical properties were indicated on the map and the area is not included as an archeo- sensitive area. Therefore, no impacts are expected to occur to historical or archeological resources as a result of the action. Impact on Open Space and Recreation The parcel is a private, agricultural operation. No significant impacts to public open space or recreational areas will occur as a result of the current action. Impact on Critical Areas The parcel is located in the Special Groundwater Protection Area a New York State Department of Environmental Conservation Critical Environmental Area (CEA). The CEA was established to protect groundwater recharge and public water supply. The parcel is expected to continue in agricultural and residential uses. Best management practices (BMP's) designed to prevent water pollution and conservation are required prior to final approval of residential subdivisions. The BMP's mitigate anticipated impacts from residential uses. Impact on Transportation Access to Lots 2 and 3 are proposed from Oregon Road. A curb-cut currently is used to access Lot 2. Lot 1 would be accessed from Wickam Avenue. Since the use of the lot is unknown at this time, full assessment of traffic impacts cannot be made. Impact of Energy No major change in the use of either the quantity or type of energy will occur as a result of the current action. Noise and Odor Impact No substantial change in noise or odor is expected to occur as a result of the current action. Impact on Public Health No creation of a hazard to human health is expected to occur as a result of the current action. No substantial increase in solid waste production, leaching or drainage problems are expected to occur if the proposed current action is implemented as planned. Impact on Growth Character of Community or Neighborhood Proposed lighting will meet dark sky standards, be contained on-site and not trespass onto adjacent parcels. The proposed action is not in a i nific� material conflict with the community's current plans or goals as officially approved or adopted. Conversely the action meets the purpose of the Agricultural Conservation (AC) zoning district and the Town's goals as expressed in numerous planning studies and community plans Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Mark Terry, Principal Planner Address: Planning Board Telephone Number: (631) 765-1938 cc: Southold Town Clerk for Town Board Suffolk County Department of Health Services Environmental Notice Bulletin RESOLUTION 2014-847 ADOPTED DOC ID: 10 183 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-847 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21,2014: WHEREAS, 0DOctober 6, 2014, the Southold Town Planning Board granted Sketch Approval on the Sketch Plat prepared by prepared by Fox Land Surveying, dated February 19, 2014, for an Open Development Area pursuant,to 240-26(A) of the Town Code; and WHERE'AS,the Town Board has received a petition from Esseks,Hefter&Angel, LLP to establish an Open Development Area pursuant to Chapter 240 of the Town Code on theroperty identified as part of SCTM#1000-100-4-4and located in the A-C Zoning District; and 'P I WHEREAS,the requested Open Development Area is located on 7.2 acres of the 61.1 acre parcel with the Open Development Area consisting of three lots ranging in size from 1.8 to 2.4+/- acres per lot; and W1-JX,REAS, the Development Rights to the remaining 53.9 acres will be acquired by the Town using Community Preservation Funds and a,grant from the United States Department of Agricultme Natural Resources Conservation Service and the 53.9 acre area will be subject to a Development Rights Easement; and WHEREAS,the Open Development Area Plan was found to be consistent with the Sketch Plan approved on October 6, 2014 by the Planning Board; and WHEREAS, on October 7, 2014, the Town Board adopted a resolution accepting the petition as complete and setting the public hearing for October 21, 2014; and WHEREAS, on October 21, 2014 the Town Board held and closed a public hearing on the proposed establishment of the Open Development Area; and WHEREAS,the Town Board finds that the requirements for the establishment of an Open Development Area pursuant to Southold Town Code Chapter 240, ARTICLE VIII, Open Development Area have been met; and WHEREAS,the Town Board performed a coordinated review of this Type I action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act(SEQRA); and WHEREAS,the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWPR; therefore be it Resolution 2014-847 Board)Meeting of October 21, 2014 RESOLVED,that the Town Board of the Town of Southold, pursuant to SEQRA, hereby establishes itself as lead agency and as lead agency, makes a determination of non-significance for the proposed action and issues a Negative Declaration; and be it further RESOLVED,that the Town Board of the Town of Sonthold hereby gral'its approval fior the establishment of an Open Development Area as shown on the map prepared,by Fox ..and Surveying entitled"Development Rigbts Easement Survey prepared .Lor Town of Southold", dated Sep 22, 2014 and last revised Oct 1, 2014, and labeled "Reserve Area, A" and "Reserve Area B", subject to the following conditions: 1. Revise the Open Development Area map referenced above (mylars and paper) to show the following: a. Replace the notations "Reserve Area A" and "Reserve Area B"with the notation "Open Development Area". b. Revise the title of the map to show"Open Development Area Martin Sidor". 2. The approval of the Open Development Area shall not be valid if the Sale of the Development Rights to the Town is not completed and a copy of the recorded deed of development rights is not submitted to the Town of Southold Town Board on or before one year from the date of this approval. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Updated: 10/20/2014 3:27 PM by Carol Kalin Page 2 MAILING ADDRESS: PLANNING BOARD MEMBERSQF SQ(� �� P.O. Box 1179 `\ c DONALD J.WILCENSKI {o� 0, ` Southold, NY 11971 Chair v O V4 OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III �' Q� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ��' � ;�' Southold, NY OUNT`I Telephone: 631 765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVELD Memorandum �'�' Sol,itho'd 7�c,%•,r To: Elizabeth A. Neville, Town Clerk From: Alyxandra Sabatino, Planner \'S Re: Petition request for an Open Development Area for the Sidor Family 2010 Oregon Road, Mattituck SCTM#1000-100-4-4 Date: October 7, 2014 Please find a copy of the October 6, 2014 Planning Board Resolution granting Sketch Approval on the Sketch Plat prepared by David H. Fox, Land Surveyor dated February 19, 2014 for the proposed Conservation Subdivision Open Development Area of the Sidor Family. The Planning Board has carefully reviewed the petition submitted by the applicant to the Town Board requesting the creation of an Open Development Area and finds the petition to be complete and correct. The Planning Board would like to note, however, that although Southold Town Code Article VIII — Open Development Area, §240-28 (C) requires the following to be submitted to the Town Clerk's Office prior to the creation of an Open Development Area: "An executed easement (permanently preserving a minimum of 75% of the property from residential or commercial development) between the property owner and one of the following entities: the Town of Southold, the County of Suffolk, another governmental entity, or a private conservation corporation or land trust as approved by the Town Board". An executed contract for the Sale of the Development Rights on 53.9 acres exists and is on file with the Town of Southold Land Preservation Department. Sidor ODA Page Two October 7, 2014 The Planning Board recommends that the Town Board consider that their approval to create an Open Development Area for the Sidor Family be conditioned upon the following: • The approval of the Open Development Area shall not be valid if the Sale of the Development Rights to the Town is not completed and a copy of the recorded Deed of Development Rights is not submitted to the Town of Southold Town Board on or before one year from the date of this approval. Thank you. Encl. PLANNING BOARD MEMBERS ' so MAILING ADDRESS: P.O. Box 1179 DONALD J.WILCENSKISouthold, 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 " " Southold, NY Telephone: 631 765-1938 www.southol dtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD Memorandum To: Elizabeth A. Neville, Town Clerk From: Alyxandra Sabatino, Planner i-s4 Re: Petition request for an Open Development Area for the Sidor Family 2010 Oregon Road, Mattituck SCTM#1000-100-4-4 Date: October 7, 2014 Please find a copy of the October 6, 2014 Planning Board Resolution granting Sketch Approval on the Sketch Plat prepared by David H. Fox, Land Surveyor dated February 19, 2014 for the proposed Conservation Subdivision Open Development Area of the Sidor Family. The Planning Board has carefully reviewed the petition submitted by the applicant to the Town Board requesting the creation of an Open Development Area and finds the petition to be complete and correct. The Planning Board would like to note, however, that although Southold Town Code Article VIII — Open Development Area, §240-28 (C) requires the following to be submitted to the Town Clerk's Office prior to the creation of an Open Development Area: "An executed easement (permanently preserving a minimum of 75% of the property from residential or commercial development) between the property owner and one of the following entities: the Town of Southold, the County of Suffolk, another governmental entity, or a private conservation corporation or land trust as approved by the Town Board". An executed contract for the Sale of the Development Rights on 53.9 acres exists and is on file with the Town of Southold Land Preservation Department. Sidor ODA Page Two October 7, 2014 The Planning Board recommends that the Town Board consider that their approval to create an Open Development Area for the Sidor Family be conditioned upon the following: • The approval of the Open Development Area shall not be valid if the Sale of the Development Rights to the Town is not completed and a copy of the recorded Deed of Development Rights is not submitted to the Town of Southold Town Board on or before one year from the date of this approval. Thank you. Encl, WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, October 6, 2014 4:00 p.m. Southold Town Meeting Hall 4:00 p.m. Applications 5:45 p.m. Review Public Meeting Agenda Project Name Royalton Equestrian SCTM# 1000 113 7 19 23 Location: 55 r Cox ,Neck.Road, +50 across from Westphalia Road, Mattituck P Description: This Site Plan is for the proposed construction of a 120' x 240' (28,800 sq. ft.) indoor riding ring on an existing horse farm for the purpose of keeping, breeding, raising and training of horses, and not open to the public. Existing on site are two horse barns, a roofed horse-walker, and a single family dwelling and garage on 37 acres in the A-C Zoning District. ... _. Status: Pending Action: Review referrals, ......... ....... ...... - . . Attachments Staff Report 1111111111111 .. .... .. Joyce SCTM# 1000 86 1 14 Project Name Skwara, Estate of _,,,,, Location: 3720 Wells Road, Peconic Description: This proposal is for a Standard Subdivision of a 1.77 acre parcel where �� in 1989 the Zoning Board of Appeals granted an Area Variance to allow for this parcel to be subdivided into two lots where Lot 1 equals 0.92 ' acres and Lot 2 equals 0.85 acres, located in the R-80 Zoning District. ............. . S Sketch Status: Conditional S Action: Review Final Plat Application for completeness. Attachments Staff Report Pro ect Name. Sidor Family SCTM# 10 1000 0-4-4 I Location: t 2010 Oregon Road, Mattituck Description: This proposal is for Conservation .'.. Subdivision p p Open Development Area of a 61 acre parcel into three lots where Lot 1 equals 2.6 acres, Lot 2 equals 2.7 acres, Lot 3 equals 1.8 acres, located in the A-C Zoning District. This property includes a LIPA easement and 53.9 acres of preserved open space Status: I Pending Action: Review referrals and for Sketch Approval, Attachments: Staff Report-,",-,'',-, _ ....... Soutnold Planning Department Statt Report Subdivision Application Work Session Review Date October 6, 2014 Prepared By: Aly Sabatino I. Application Information Project Title: Sidor Family Applicant: Martin Sidor, Robert Sidor, Diane Regeness, Joanne Kraebel Date of Submission: July 28, 2014 Tax Map Number: 1000-100-4-4 Project Location: 2010 Oregon Road Hamlet: Mattituck Zoning District: AC II. Description of Project Type of Subdivision: 80/60 Conservation Subdivision Acreage of Project Site: 61 acres # of Lots Proposed: 3 III: Status Pending IV: Action to review Referral Review/ Sketch Approval V: Analysis • At the Auqust 18th Work Session the PlanningBoard re uired the following: 1. Lot recognition pursuant to §280-9 of the Southold Town Code. a. Submitted as requested. 2. Submission of the LIPA (PSEG) easement as shown on the submitted Sketch Plan, dated February 19, 2014. a. The Land Preservation Department has found a LIPA easement from June of 1926. This easement does not show the width or length however, the easement would not affect the proposed yield because; the yield is significantly reduced from 13 lots to 3 lots. • The Planning Board will hold the public hearing at the October 6, 2014 public meeting. Soutnold Planning Department Statf Report • Timeline for ODA approval. o Planning Board ODA approval at the October 6t" Public Meeting o Town Board will review the ODA petition at their work session on October 7t" and set the hearing at their public meeting. o Town Board will hold the public hearing on October 21St and make a final determination. • Mattituck Fire District: The Board of Fire Commissioners of the Mattituck Fire District ...........- reviewed the above mentioned Open Development Area at their regular meeting on September 9t", 2014 and has no recommendation. • Suffolk Countv Planninq Commission: Pursuant to the requirements of Section A14- 24, Article XIV of the Suffolk County Administrative Code, the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination and should not be construed as either an approval or disapproval. • Engineering Comments: 1. The location of Lot #1 will front on Wickham Ave (Old Middle Road). The actual location of site access, or the Curb Cut, to this lot may require review and/or approval by the County Department of Public Works. This item does not require immediate attention but it needs to be considered as the site improvements are developed. 2. This property does have an existing drainage problem. When the right conditions are present, stormwater flowing from the farm is directed down the existing farm road which causes large quantities of silt to fill existing town owned roads & drainage infrastructure. A 100' wide buffer is recommended for this area of the project. I have enclosed a copy of a preliminary sketch for your reference. 3. The remaining drainage issues for this open development plan will be reviewed and approved in accordance with Chapter 236 when individual site plans or building permits are reviewed or applied for. • Local Waterfront Revitalization Program: The proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. • Suffolk Count Department of Health: No response within the required 30 day time limit pursuant to 240-12 (A).. • The Planning Department has been made aware of flooding due to stormwater runoff from the above referenced parcel to Wickham Avenue. The applicant is 2 Soutnold Planning Department Staff Report working with the Suffolk County Soil and Water Conservation District to create a plan to control the stormwater runoff though farming practices. VI: Staff Recommendations 1. Accept the comments from the Mattituck Fire District, Suffolk County Planning Commission, LWRP and numbers 1 and 3 from the Engineering Office. 2. Consider number 2 of the Engineering Office's comments in light of the applicant working with the Suffolk County Soil and Water Conservation District to create a plan to control the storm water runoff though farming practices. 3. All requirements pursuant to Article V Sketch Plat Review have been met. If there are no significant comments made at the public hearing, recommend issuing Conditional Sketch Approval at the October 6t" meeting. 3 Southold Planning Department Staff Report Subdivision Application Work Session Review Date August 18, 2014 Prepared By: Aly Sabatino I. Application Information Project Title: Sidor Family Applicant: Martin Sidor, Robert Sidor, Diane Regeness, Joanne Kraebel Date of Submission: July 28, 2014 Tax Map Number: 1000-100-4-4 Project Location: 2010 Oregon Road Hamlet: Mattituck Zoning District: AC II. Description of Project Type of Subdivision: 80/60 Conservation Subdivision Acreage of Project Site: 61 acres # of Lots Proposed: 3 III: Status Pending IV: Action to review Application Completeness V: Analysis ❖ The Sidor Family Open Development Area (ODA) Application: • Applicant is proposing a split cluster 80/60 Conservation Subdivision. • Public water was is not available. • Currently the applicant's proposed method of preservation (required 80% preservation): Sale of development rights to the Town. • 80/60 Conservation Subdivision Requirements: 0 80% Minimum amount of land must be preserved as Open Space (sale of development rights) 0 20% Maximum amount of land that can be developed 0 60% reduction in density (60% reduction of number of lots) Sidor Family 80/60 Conservation Subdivision Calculations: o Total Buildable Acreage: 61.10 acres 0 80% Minimum preserved: 48.88 acres Southold Planning Department Staff Report ■ Sidor Family proposed preservation: 53.90 acres (greater than required amount) 0 20% Maximum development: 12.22 acres ■ Sidor Family proposed developmental area: 7.19 acres (less than allowed amount) 0 60% Reduction in density: 13 lots ■ Sidor Family proposed density: 3 lots (less than allowed amount) ❖ Required/Submitted items for Sketch Plan Completeness: Required _ Submitted Cover Letter Yes- includes reference to all materials submitted with the Sketch Application. Subdivision Application form- Sketch Yes- includes all required information. .. ..... .......... Approval p.pro...mm........ . .. ... ...... . ..... ..................... _ AuthorizationLetters Y .__............__................................................... ..... ........__......,..........................� n...,, ....,.. Property Deed(s)_ .. ........m.... .. ....... s . _Ye....�... ...�,......�..�. .... .... .... ........ ... Copies of Easements, C&Rs, and No- there is an existing LIPA easement decisions from other agencies with located on the property which has not conditions restricting this property been submitted. Part 1 of the Environmental Assessment Yes - Form (New orm �..... _ Application Fee _.a..._......w__.. Yes- required amount $500 Lot Recognition No- A deed dated prior to June 30, 1983 has not been submitted that shows the lot as it appears today. Five (5) copies of the Existing Resource Yes and Site Anal sisPlan ERSAP Five (5) copies of the Primary and No- Primary and Secondary Conservation Seconds Conservation Area Ian Areas are shown throu h the ERSAP .............................. ......................W....��.......... ..... ....�........ .p............................._.............--...._ _----___......m.......................___........�_.................W......�q. ......�.. ..........�...�......,..._.. �m.. Five (5 copies of the Sketch Plan Yes Local Waterfront Revitalization Program Yes LWRP Consistency Assessment Form Table showing buildable land area, Yes, shown on the Sketch Plan however, calculation for yield, affordable housing the existing LIPA easement is not and open space areas as applicable deducted as unbuildable lands. -111111-1-Yield Calculation Yes- Shown on the Sketch Plan VI: Staff Recommendations 1. Find the application complete pursuant to §240-9 submission with the following items to be submitted immediately; a. Lot recognition pursuant to §280-9 of the Southold Town Code. b. Submission of the LIPA (PSEG) easement. 2 1 PlanningSouthold 2. Send out referrals to all applicable agencies. 3. Set the hearing at the September 8t" Public Meeting for the October 6t" Public Meeting. 4. Please note that the map will have to be revised to show the width and total area of the LIPA (PSEG) easement. This will have to be deducted as unbuildable lands in the yield calculation. 3 5I Lf -FB A- Of L SOUTHOLD PLANNING . DEPARTMENT Subdivision Application Form - Sketch Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for SKETCH APPROVAL for the subdivision described herein. 1. Name of Subdivision Sidor Conservation Subdivision 2. Suffolk County Tax Map# 1000-100.00-04.00-004.000 m 3. Type of Subdivision Standard [ ] Conservation [x] 4. Hamlet Mattituck 5. Street Address/ 2010 Oregon Road, Mattituck, NY Project Location 6. Acreage of Site 61.0976 7. Proposed Yield -3.3...�.._, ......................wwwws, 8. Number of Lots Proposed 4 9. Zoning District A-C 10. Date of Submission 11, Please provide the names, addresses and phone numbers for the following people: Applicant: Martin Sidor, Robert Sidor, lane Regeness, Joanne Kraebel, asCo-Trusteesof the Unified Credit Trust Under the Will of Martin B. Sidor„ Jr. , for the Benefit of Frances Sidor Carmela M Di Talia Es Agent.` Esseks He...... �.....� _. fter & Angel, LLP 108 East Main Street JU 1�4 Riverhead NY -- 11901 (631) 369-1700 Sketch Plan Application Form " _.___.........._....... Property Owner(s): same a,s_applicant ................. ........................... ............................. —---—------- .-............. I'll...................... Surveyor: David H. Fox Fox Land SurVE� in ................. ................................ 64-----Sunset Avenue Wes"iliiamptom ��each, NY 1108 (6T1'y_2V _ 02 Engineer: ..........-...........__......—------............... ..........11- ------............... ..................... ........................... Attorney., Carmela M. Di Talia, Esq. --------- s e.us,, nefter & Ang. Rel'" ......... .... 108 East Main Street ----------------------........ Riverhead, NY 11901 1 -1700 .................................. 12. Has an application for subdivision ever been filed for this property? If so,please indicate when and whether or not approval was granted by the Planning Board. ........... ---—----------------------- --------------- --------------- ............................................ ........... ................. ..................................................____.................. ....................... .......... 13. Has a pre-submission conference been held with the Planning Board? If so,provide date. Yes. April 22, 2014 ......................11 ------------- ............ .......................... ................ 14. Does the parcel(s)meet the Lot Recognition standard in Town Code §280-9 Lot Recognition? Yes x . No If"yes", explain how. 15. Has the owner/applicant met with Land Preservation? If so, provide date. No. ------...................................... 16. Is any part of the property in agricultural use? If so, how many acres? Yes. 61 .097 6 acres 17. Is there an existing or proposed sale of development rights on the property? yes, 18. Does the owner own any adjacent properties? If so,please indicate the propel-ties by SCTM#, No. . ..... ......................... ..................... ..............____....................................... .............................. ---------- 19. Are there any building permits currently pending on this property? If yes, please provide permit number(s). 2 No. .. ............... .............................................. .............. .... ...... ................ -1-1 1-------.............................. ................------...........------............ 20. The site will be serviced by the following special districts or utility companies: Fire District Mattituck Post Office Mattituck School District Mattituck-Cutchogue U.F.S.D. Water Suffolk County Water Authority .............—'.-....... 21. Has the relevant Electric Utility Company been notified of the proposed subdivision? If so,please provide proof that service will be provided. No. --..........................................--................................................. ........ 22. Please indicate the type of open space proposed and how it will be managed? Sale of develo2ment .rights to Town of Southold on 53.9000 acres. Conservation easement on such 53.9000 acres, with language approved by the Town, wiEMbe recor eOwner to manage open space. 23. Are there any existing structures on the property? If so,please indicate the type of structure and its use(s). Will these structures remain,be removed or altered? Yes. Existincy 2 stor framehouse. frame barn. 2 sheds = ............ single family residential use. ................................... ....................................... .................... ............................. ........... .... ............ 24. Based on the parcel yield and the affordable housing requirement of the Town Code, how many Moderate Income Family Dwelling Units are proposed? If the number that will be built is less than 20% of the yield, please indicate how you intend on satisfying the requirement(see Town Code §240-10 B (2)(c) for options). N/A. Less than 4 residential lots. one ap-ricultural lot. No residence. ----Less--------- ------- ......................... -.............. One existing residence. ...................... ...........-"--....... ....................... ........ Two new proposed lots for residences. -—----------- ........................ ------------ ........... .................... 25. Application completed by owner agent other Signature of Preparer Date „mmmIT r�/gyp/_ 3 AUTHORIZATION Martin H. Sidor, Robert Sidor, Diane Regeness and Joanne Kraebel, Co-Trustees of the Unified Credit Trust Under the Will of Martin B. Sidor, Jr., for the Benefit of Frances Sidor, which Trust contains the property identified as SCTM No. 1000-100-04.00-004.000 in Mattituck, New York, hereby authorize Esseks, Hefter & Angel, LLP to act as our agent and handle all necessary work involved in the subdivision/ODA plan process with the Southold Planning Board. N � b",......... Martin Sidor Co-Trustees of the Unified Credit Trust Under the Will of Martin B. Sidor, Jr., for the Benefit of Frances Sidor Sworn to before me this day of , 2014. Lo 4a Ot.- r: Public KinSTEN E. FIESI P S, Notary pul:ala m e>jate of�iew York No,0111 741'r . Qualified lrr, SLtff6k County unty Robert Sidor Co-Trustees of the Unified Credit Trust Under the Will of Martin B. Sidor, Jr., for the Benefit of Frances Sidor C236 + 1 r� Sworn to � i(�r!e me this 2014. �n . Notary Public r or' NOrARY crew York Diane Regeness Co-Trustees of the Unified Credit Trust Under the Will of Martin B. Sidor, Jr., for the Benefit of Frances Sidor Sworn to before me this day of April, 2014. Notary Public ..........�........... . , Jotlrlrle Kraebel Co-Trustees of the Unified Credit Trust Under the Will of Martin B. Sidor, Jr., for the Benefit of Frances Sidor Sworn to before me this day of A Tn-i1mm 2() 4. � w Notary Publtie PHYI LIS ATKINSON NOTARY PUBLIC, Stafe of NeW York No. 52•4665676 Qualified In Suffolk CountY Commission Expires —3 O — I'K ^SGP )ud and by lix LAX( ,ILII 1t) w-UHHHEN I1 ito"' My commission oil . �f NOTARY PUSUC M0"WEAf.AUGUSTT" %)jft NIA Y Co NI t ION EXPIRES Southold PlannInLy Department Applicant Transactional i r The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YourName: dor,,, M,a,r„t.jn Last,First,middle initial unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name. Nature of Application: (Check all that apply) Subdivision orRe-subdivision x Site Plan Other(Please name other activity) Do you personally(or through your company,spouse,sibling,parent or child)have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood,marriage or business interest. "Business interest”means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. Yes X No If you answered"Yes"complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Martin Sidor Title or position of that person Member, To of SotholPlan n.__g__ Board ...1111.. ..... Describe the relationship between yourself(the applicant)and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse,sibling,parent or child is(check all that apply): A.the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); X B.the legal or beneficial owner of any interest in a noncorporate entity(when the applicant is not a corporation); .................--. C. an officer,director,partner or employee of the applicant;or .................... D.the actual applicant Description of Relationship: Martin Sidor is a member o the To of Southold lann,i,r�, Department. Along with Robert Sidor, l�;,.�a71f_..Rq&c�, esstem 1,�,l;ntat ...k�.rr� }r�]_� 1�1 �I.ij-, .5,'14ax- fa__ -- ........ Co—Trustee of the Unified C _e Trrr Under the Will of Martin B. Sidor, Jr. , for the benefit of Frances, Sidor, the A11 ant herein. ubmitted this day of 2014 Sigl-I AGrnaT Print Name Disclosure Form a � IIS 11C�1�ll{Il 1lII��IIN1 �f� Rlf 11�11[I Illi� I ill SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type f Instrumenhi DNEDS/DM Recorded: 12/02/2003 Pages.Umber of 4 Atz t TRANSFER TAX ® 03-18207 LIBERt PAM s 387 TRUST Districts s Lots 1 lou.00 04.00 004.000 EXAMIN= AND C2MGzD As s Dead t $0.00 Received the old For AboveInatrument Izewt t Paga/Ming $12.00 NO Handling $5.DO NO Cos $5.00 NO NYS 9RCRQ $15.00 $5.00 $50000 NO $5.00 No Cart.0opien RPT 30® 0 NO Tranisfer t 0®00 NO G $0.00 NO peon paid $127.00 TRANSM TAX r 03-18207 IS A PART OF THS INSTRUMW THIS is HM A BILL Edward P.Ramains County ] , Suffolk 1 Sas r b '2 a 09t tilt 13'Rm TSR SNS ., ,.�., Edward P.Rommine CLERK OF SUFFOLK CIJKJY L DOMMM 'Cod1 __.. ,., . .. P 307 DTY i 7 Prior W.N. Uerd/Mortpure hoururrcnt Dead/Morgue Tut Surma.. .o. Rawrduww i Filing sumps ®IDIDID A'n Pft� 1•Lt�S e/FI lint;Fac �... ._......_.w. A 1ianWlp 1.ftmWeTom TP-51FI .2,Additkwmd Trac Nokafign Sub Total Fps-Sa 17(C y) Sub-l-OW sptaJAMIL EA-3217(Simur) Or COMM Or FAL RIT n mai y I Ie1 rur A A I® s T r Tax lon Tax C Copy. w _ . parrapea ya arwracd by 11r1t rar�ggrp�r or Rt&copy __" will lav Impr'ovVit Ivy r ant or two Nmj4y ckh" ,OPLAN TOTAL. � If No, a�fllr"r rl z cl+nti*7;w Mgt _.. 140i1 I q-03 c Rod Pt�ravvy"Irx sewite/ y vivincation " i ,orrart1etl i tvrMl / rund 1r., Ion D 1M •ode UonAmount s m S-M 03048894 1000 10000 0400 00&000 CPF.Tax C)uc S— 0 �....,.._. . FIS at 9ac"t Land w 7r,littro l rc Jo avlmrwlp I Ia ass um Pra y(pa rr lwgraoinil—Add. 7 Ar�ArT1;J N"1` r . MARCrA Z. xral m, ESQ. .I. _ .. E PO BM 279 _..,. RIVERHEAD, X.Y. 11901 279 It We Covisimay Informadua -� °rt,Nrrne lbs S Pon ' Deed made�, ry ftxrrts ri vClhr ollti►al icrrucor r ( z 1 '! L' ) 6. SrDW. Jtt. SLA-1-OLK MUNrY.NEW YORK TU in dc TartatnsMp of 5ovr hold UNIFIED IT TVXZT UNDER THE WILL CW �... .._ .. _ In ft VILLACE ...ART ...i . 7M THE BENEFIT of or maivium,or Marticuck IX T.-S 5'11-MU 9 MUSI'BETYPMOR PRINTED IN BLACK INK ONLY PRIORTO RECUMNG OR FILING, LL 117E 1 d E TWSIPPOENTUPk,amaticibe 34th dayor Movamber in ANe yaw two thoupand threat BrrWZKN S SIDDRp raaid 8+at 115 Faaconic Bay buLanvard, Katticucky New York 11932 )or the lam will and mamanan or Martin B. or® Jr® Into of Macrituck. Suffolk Cou"tr.KWWM?TALA0AAM porgy of ftl'1tWpart,;owl 1tar all S f 1"daS rS at 2010 Drm4ou oad® tti a IP. 1953.® Haab att SielVm— rouialinat, at " waai°mr`�a" a 18a'tti.a:uaro'fe°g N.Y. 11'952, B'9iana ;aoa9ate, raaid at 746 Arbor " d �R �' 02,0186 a and Joa Tme Kral ol. res 3.ag at 173 lac Streetp Laurel, N.Y. 11 48, ro ttuateao, of the Unified Credit Truat undor the Will of rr .®S® Sidor, Jr. for the benefit of Frances Sidor pwty®r e thma the pent of ft fint pasi,by vim*orthe power mid matimmity givop in mad by said TAII ano paid by sho parry or ft second past,doct bmxft grant and rd=m now she pwWorfim mcoad pan,1 d amism or orthe smand pan fumver, one-hall into eat a t ALLihat op t c of w Ira e in Abe bmXmt cAUled Ormscmo north of Mactituck. in Southold T folk nty® Now York, duscr1had an Schedule A attached horsto and made a part hereof. low 100.00 sae a 00 u . TOGETIM with 1 tista,tide md imlexast,Wmay. of the fint pW1A In to my move*mad wondo abutting , I or docadcoVs will or othcrwkv; TO Y or ban or sactammoms and on*=dr l�r�t1 y ul°tl 9` e mart t�that elan ttiy ort llama, w"pmmiscs bovo Lvmx i%xmuAtm=W In may way wbatavey.mvqA as albrum" AXt)�tho aftim nux k pad,ip omplimmScrAkmA 13 ofdtm Lies Low,owspeals IW fim or*o mat pan will ` e or ibe kopmveraso md will mMy do nun nm ao the ppynmm orobv cmi orduo of dw somm for Tim wood 1porayl*M be cons"W as it road 1p~ r offt Wtpaitham duly exmcwW this dmd dmdoy and ymrfimkabwm Trameso o 13 — Suffolk ) s aa' "d'urut rA ° '1 l OR 694thhayer Novels, in dw ycw 2003° d. &ynr in ft b wm- idiom tinc.in R p I to we so me on dw bods of w sarvraa S'i.daar krwa 4 Pty a as my r rv'r m pY aaAr4' tm'r) dsa- era or' ) )� { )Putw&&A to do hmd 00 wry W a i a) k a c,' t4Yaa ,, r r a.�t Wi'airil am drou. ,is 0-w i"ary 'fa iarrla »M a) immullatL Ida tau1x �..". r,r" r ousmod In ilk Kr rdy om EXIA—myal. 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On do: day®i` in year JG-ek" bei ly Xpaearad On tbD day of in aha yew lama rasa lly I `b�e ; tof �1 � 1 dow apptend y acquainted, bYme duly swum,did daposcandl pcaatan4y kmww to rues or provvd to vur on the b"Is of emti r Y ldt(sa)In ts«identrtober3hakirtdivaiduago)WhoWe o)6(am)sonearibcdto dry wr Ywiaa livres aaaaeuk nru3 es'1rv4rk9aad tur ruc k4aaa ivuaa� ff Aepkm afr-sidam=Ss a,.■dw,frdaclw she arew.r act ss—r .� a�acwcerx�4 klrs murrae in OsB�MwraaP6duelr�Ir�lvr7[hawt by Ya4�ard lda�mp` r JJ;'6�a ba0a 4a1a4ak y know(s) l aakgrym rarm(, rwa tlkac Srma„uakaroaa,kha rrmcEiwidtiwrit w rrc d Iwwaro xr u�m rrr be the individuad danodbed he wad who mmmted the C gwn ikati"rsU vx lkisia 1i�e Bkwiiv id rmst(ra)abnkasr5 a�pa rwraa d tikmk i�cxrk,raual illsontmenn Owl said mbstwilains witness old pmumg and a l.a.urs P ro' I m arm rpr nc 1 (ate ter awr i exec"Om umct load glial MW wiara=A Site same clans s l ( the co,ar¢ate'padimew aeewm;a;ae aha sans or as ow r�- lbeaJlaes�alkwlr aemarks{s)au wvi alarm. i j vplery At v wan awl. G MmOR"s 1 vzD { f 1n�araaaenb®u DWIRICT Effitsate of rt cs® Sidor, Jr. BLCCK TO Lar Cbuwm okTaww 13111fled Uedlt Trust ander tit® 15.1 of �m fMenlo E. Sisdar for the bansfit of I RACOADAMATRZ04JWVP IIFranaces Sidor Fidefty Volbomal TMk Innocence Conspenty of New York FIDWILM NATIONAL Tn-LX INSURANCE � t1ARCU1 Z. AEPtu. ESQ. COMPANY OF NEW YORK ESSLfS, HZVTLY L AM= IartsuMterau+sa+ 108 LAST NA7:N STREET, PO WX 279 !' l RIVERBLU, N.Y. 11901-0279 ."r rl 8 r ff .c i n . 7 A� n Q n DEED FROM THE ESTATE OF MARnN B. TRUSTTO TIE UNIFIED CREDIT UNDER 7M WH-L F MARTIN B.SrDOR,JR. FOR THE BENEFIT F FRANCES SIDOR ALL that ocsWn plot,trim or lraro41 of land,with the buildingsinsprovernem tkrwo situatvlying And nS in than hunle,called in Southold Towm Suffolk "ottttty,Ncw York,descrilvd as follows: pointCOMMENCING at a on the soA line arNorLh Road(Oregon Road) conrer of Che prownim herein desrr°'hod ate runabig lbc=southerly along lands now or ranwly orwswirryier to a point,titence eksttdy along tlx south line of s of,rylci,to a corner in°J"yler s lands,thence sowhmiy Wong,lands of Tyler and along lands ofD=koski to a Point, y Wang the soodi line of oski's Itutd to a point the=wmWy still Wong 11114 of Dmkoski to Nerals of"the County of Suffolk;thence wastetiy along said I la of the County of Suffolk to a point,t southerly along the vieg line of Janda of Suffolk County to the Middle Monad,tt -0 Wegorly along the Middle Road to lards of Fretdc Sidor.,ttrence oorthcrly along the tAt lino oflands of Fmnit Sidor mid corttinuin,S northerly through late of the hate of Mutin Sidor ona"ght lime to lands of John Sw ;thence northerly alung lands J ofJohn Sidor arntl lands of Allyn't4thill to the sotttJt line:ofth,e North ltosd and thonctr cauvdy Wong tate'south litre of the forth lt,oad to cite point of h ,irwtinS(containing an arca 62 at, .s,,, Mon or Noes'). BEING AND INTENDED TO BE the same p=n ises conveyed lo Martin Sidor,Jr.and Frw= Sidor,as Wants inconanon without tight survivorship, by deed dated July 23,1 M and r=rded in the Suffislk County Clerk's Ofte on july , 1996 in Liberl 1784 ofcowveyance at pap 686, 1 RM PROPERW TRANSFER REPORT T OF Saw vont L- —w r QF E5 t�r„ �ra� e RP 5217 • Ca.Page� —.0, 0mr.r NL3N NW"IIhNF4SiSR�in91'97NN , m l° 20�..".�"KK Oregon 1tand..�.....,.._...w...w-.�.—....�..........�,._�......ma. _.....�...�w..._..Yw ...�,..�_...........� _...�2 11952 a P—" L_U1;11flcd Credit :Crust 4a,Y'WID Martin Bw "'id! 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T P S BNVVWn m h AN @ Y Od100®00-04,® 04® ® 9 b eo* Nedra W W for N�aF 4m2 NervMnm aea9sueaB em pe,beat a fMs 9'We end s rOl 1!®On 699 of My WJMmFw%J "a Wien oM I pro*araM4'�0.k its Ih}uWM Nh�M'darw.tluspd. Oro* 1 faYAe fab eb oewfr b're:m Weed.use NYN.SS us w nee eMe mf awl na4 br �lad a n ® w'rr � W ran 1..L 1 7 /0 ...�..,w� Hefter aMarcia Z. ° Lw eusM eMmw 201Oregon Road 631 369-1700 �.._. .0 mm.�..�_L.�......._...��,....�, trituck MY 11952 e NEW YORK.STATE wCOPY J _11/24/03 .. 18 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I 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 bencl icial ,in(] adverse efft%AS Ul-,)(wri tLl ±�Mla!'j illcludes all ofsoutho(] own).,. 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 eXDlained in detail, listin2 both sunDorting 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 SCTMH 1000 100.00- 04.00 --...004.000 PROJECTNAME Sidor Conservation Subdivision The Application has been submitted to(check appropriate response): Town Board El Planning BoardF] Building Dept. El Board of Trustees I 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: El Nature and extent of action: conservation subdivision .......... ......................... .. ............................. . ....... ......................... -----------------............................ ................ .......... ....... ........................................... ................................................ --—-------.................---- .......................... Location of action: Oregon Road, Mattituck ............................................................. ... ....... Site acreage: 61.0976 acres ..................... -------- Present land use: Agriculture ------------ ....................... ....................... ..... Present zoning classification:- A-C ........ ................... 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: Martin Sidor, Robert Sidor, Diane Regeness, Joanne Kraebel, (a) Name of applicant;,.as Co-Trustees of the Unifi'ed C"redit Trust U..n.4 er the Will of Martin B. Sidor, Jr. , for the Benefit of Frances Sidor (b) Mailing address: c/o Garmela M. Di Talia, Esq. , Esseks, Hefter & Angel, LLP 108 East Main Street, Riverhead, NY 11901 ............................................."I'll'-,�----...................................... .......................................... (c) Telephone number: Area Code( 631-369 1700 11111111111111"'.-............ ................. (d) Application number, if any: .. - ..........---— Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes I Nol'. 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 for 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 LWRIP Section III-Policies; Page 2 for evaluation criteria. Yes i No [:] Not Applicable 0 The conservation subdivision p1an provides 3 .............................................. ....................... ----................................................ ........ . ................................... 111-111-1----------.................................. .....—1-------- -- residential building lots totaling 7.1976 acres and preserves 53.9000 acres conservation area, and requires no major improvements to of open space — ........... ............ ................ ---------------...................... ........................... existing infrastructure. .................--l.--l-1-111,--- ............................................... .................................. ........... ............................................................ ............. ........................................................- .............................................. I'�'ll""I'�,,�,,�.,�.---.....----,......--- ........................................... ..........................- ........................... .................................. ....... ............ 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 L--I YesEl No U Not Applicable At this site there arc no known historical or archeological resources. ............ ........................... Over 80% of tlie property will be preserved. . ........... ........ ...................... ........... ............. ............... ............................................................................. ...................... .. .... .............................. ............. __,_. ................ .................... .......... ........ ................. AttachaJditi`oina�Fsbe_ei s----i"ifinecessary 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 - [_X1 Yes [...........I No [:] Not Applicable '1"'he proposed conservation ............. the scenic and visual. qualfty of the site and its 11eigl'ibors. ............. .............................. ........................ .................------- ----------- ................................................................................. ... ................................ --—-------------- ....................... .......... .............................. ...................... ............................. .........._,",............................ ..................................................................... _........................ ................... ....................... ......... --- .............................................................-------.......................................... ........ ........ . --------------- ..................................................................... ......... ......_................. ......................... 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 I YesEl No2 Not Applicable ----------------- —----- ...............Tire___snb_j__ect-p-r-ap-ex,ty .....................................................near... the............coastl P ------....................... ................ ....................... ------------------------ , ............................... . ........... ....... 11 .................................. .......................... ......... ........................... ....... ...................... ............... ............................. ..................................... .................. .......... ---------------------- ..................................................... ....... ................... ......................... ...... ........-------------- ............................................. ... ........... ---- ......... 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 1�1 YesEl No E]Not Applicable The conservation subdivision will r gr,,v __,p The............- - ... ..-J e�_15 .......air-5 3. acres of !�"),n, Li.s......p—rotectirig an(j �inTpying Ma�exrqu�,-,Iud .... ................................. .................. -.1....... ...... supply in the Town of Southold. The three residential lots will not ..................... ..... water ,,___......................__------ ................................................... --------- significantly impact water quality, particularly, since one�)of the three lots is already improved with a house and barn'. ------------ .............................................. .................................................. .................- .......................,........ ................................................................. .......-------------- ............................................ .......... ..."I'll,.............. ..................... 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. D Yes 0 No ❑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 Because this conservation subdivision will forever preserve over 53 acres of ....... .... ......... ......__ ....__... ........ �,,..... ,. and, its only impact on air quality would be to maintain or improve .— ..........the current air q — --- ......... ......... ...... ........... . — ............... ....................t-s i.. ...,,...ss .................� ... . ........ � .�� ...,�,. .....� Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L Section -Policies; Pages 34 through 38 for evaluation criteria. X k Yes ❑ No ❑ Not Applicable Refer to Policy 1 . Any use of pesticides__will be minimal and will be no r , on this site „eater than currently in 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. El Yes 0 No I_ .1 Not Applicable The conservation subdivision will not provide public access or recreational ...._ ............ _ ........ ......... ........ use of any coastal waters, public lands, or public resources. Scenic views will be preserved. .._..... -------- ---------- -- . . - ---- ......... ........ ...... ........ ........- Attach additional sheets if necessary _ w ..._w.. 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. E,l Yes [ No N Not Applicable ....................I'll................11.......................... .................................... -------..... ... ... ................................................. .... ....... ..................... .......................... ................. .............- .......... ........ ....................... ........................................................................... -11-11,11,��.�.�-��11----.....--�.......... ......................... .............................. .......... 11".."I' .............. ........................... —-------- ----------............... --------- ........................-................................ ............................ ........................ .............. .................................... .............. 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. I Not Applicable E] Yes I❑I No 1x 11. ............................—------------------ .... .......... ....................... -----------------............................. ............... ............................... ... .... ........ ...................... ------.......................... ................................................. ........... .......................... ...... -----............... ........... —..................... ............................................................................................,""I'll".11111"'I.-I'll,--—---------------------------...... ........... ----------------------------------.................................................... ------------- ......... .............. ... ..11111--................................. ........... ------11. ...... ..... Attach additional", --s"hee-ts if necessary----—- -------------------- Policy 12. Protect agricultural lands in the Town of Southold. See LW RP Section III-Policies; Pages 62 through 65 for evaluation criteria. 1XI Yes 1-1 NoEl Not Applicable 5 3-9-0-0 will. ,,b-,e,,,.f or.ev_e.r______.._ ........................................... .x 8% Qf rb,e qt'1,bj'eqS__Pa= .......... preserved as agricultu al land, ........................... ........................... . ............. ........................... ---------------------------. ...... . ..... .................................................................................. ..................................................... ------ ..................................................... ..................11.11,111,��,��,�"-------..--......-------�............................................................................................................................... .................................................... --— ------------................................ ---------------------------------------- ..................................................................................... ....... . ... ...... ............ ................................................ .......................... ................... .......... Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section M-Policies; Pages 65 through 68 for evaluation criteria. ElYesJ_.] No Fx Not Applicable ....................................................................11. ................ ........................................... —---------- ...................................................... ................. ... ....... ..... .................................................... ... .............. ..... ................ ............. ................. ............................................. __---------- ............................ ...................................... ............................ -----------------------------------_-----------................................_ .... ........... ...... ........—-----........................................ ............... ...............1111'_____................... ..... .................................. .................................. PREPARED By TITLE Attorney for ApP1Ica tBATE ...(o1r� Ca r ro Amended on 811105 Full Environmental Assessment Form Part 1 -Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information;indicate whether missing information does not exist, or is not reasonably available to the sponsor;and,when possible,generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A&B. In Sections C,D&E,most items contain an initial question that must be answered either"Yes"or"No". If the answer to the initial question is"Yes",complete the sub-questions that follow. If the answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in Part lis accurate and complete. A.Project and Sponsor Information. s_...... ...........a,,,,_ w..- ....,...— Name of Action or Project: Sidor Conservation Subdivision Project Location(describe,s and attach a general location map): 2010 Oregon Road,Mattituck,NY 11952 Brief Description of Proposed Action(include purpose or need): - � The proposed action is an 80/60 Conservation Subdivision. The subject property is 61.0976 acres. The current use of the subject property is agricultural and the subject property is currently zoned A-C. The propsed action would preserve over 80%of the subject property(i.e.,53.9000 acres)as agricultural, and create 3 residential lots with a total acreage of 7.1976 acres. Name of ApplicantlSponso. ... .. � ....... �.. va_______- ..�...... ......... .... ....._._ r: Telephone:631-369-1700 Martin Sidor,Robert Sidor,Diane Regeness,Joanne Kraebel,Co-Trustees of UC Trust E-Mail:cditalia@ehalaw.com .. .�.w. -a -. .. � _ ..�...... ..... Address:c/o Carmela Di Talia,Esq.Esseks,Hefter&Angel,LLP, 108 East Main Street City/PO:Riverhead State:NY Zip Code:11901 ....� ..... mm Project Contact(if not same as sponsor;give name and title/role): Telephone: Carmela Di Talia,Esq.,Esseks,Hefter&Angel,LLP,Attorney for Applicant E_Mail. � ....._..... ................._.............. ..........................................................ne ....... _... Address: 108 East Main Street Riverhead. State: 1Zip Code: 1901 Property if not same as p ty Owner (' sponsor): Telephone: �.. „ .............. E-Mail: Address: City/PO: State: Zip Code: Page 1 of 13 B.Government Approvals .......... B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants,loans,tax relief,and any other forms of financial assistance.) Government Entity If Yes:Identify Agency and Approval(s) Application Date Required (Actual or projected) a,City Council,Town Board, 0YesE3No Town Board Approval to Establish ODA or Village Board of Trustees b.City,Town or Village 52IYes[--]No Sketch Approval for Conservation Subdivision; Planning Board or Commission Creation of lots within ODA subdivision c.City Council,Town or OYesE]No — Village Zoning Board of Ap eels d. Other local agencies [:]Yes[:]No e.County agencies JFJYes[--1No Health Department Conservation Subdivision Approval f Regional agencies OYes[--]No g. State agencies OYesE:]No h.Federal agencies E]YesE:]No i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? Yes No ff. Is the project site located in a community with an approved Local Waterfront Revitalization Program? M(yesifto iii. Is the project site within a Coastal Erosion Hazard Area? El Yes No C.Planning and Zoning C.1.Planning and zoning actions. Will administrative or legislative adoption,or amendment of a plan, local law,ordinance,rule or regulation be the E3Yes2Ko'-' only approval(s)which must be granted to enable the proposed action to proceed? 0 If Yes,complete sections C,F and G. 0 If No,proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2.Adopted land use plans. a.Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s)include the site Yes No where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action Yes No would be located? b.Is the site of the proposed action within any local or regional special planning district(for example: Greenway OYesE:]No Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan; or other?) If Yes,identify the plan(s): NYS Heritage Areas:Ll North Shore Heritage Area .... ...................... ................ . .. . ...... ..................... c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, OYesE]No or an adopted municipal farmland protection plan? If Yes,identify the plan(s): Town of Southold Community Preservation Plan --------—----- ---—-------------—----------- -------------1--------- Page 2 of 13 C.3. Zoning WWW _ ..._...._. a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. Yes❑No If Yes,what is the zoning classification(s)including any applicable overlay district? A-C b. Is the use permitted or allowed by a special or conditional use permit? ❑Yes No c.Is a zoning change requested as part of the proposed action? Yes No If Yes, i. What is the proposed new zoning for the site? CA.Existing community services. a.In what school district is the project site located?Mattituck-Cutchogue U.F.S.D. b.What police or other public protection forces serve the project site? SoutholdP.D. __............................................................ ................................... c.Which fire protection and emergency medical services serve the project site? Mattituck .............._............... d.What parks serve the project site? Veterans'Beach,Mattituck Park,District Park D.Project Details D.I.Proposed and Potential Development a.What is the general nature of the proposed action(e.g.,residential,industrial,commercial,recreational;if mixed,include all components)?agricultural and residential b.a.Total acreage of the site of the proposed action? 61.0976 acres b.Total acreage to be physically disturbed? o acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 61,0976 acres c.Is the proposed action an expansion of an existing project or use? El YesO No i. If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acres,miles,housing units, sq )? °uare feet)? /° Units: d.Is the proposed action a subdivision,or does it include a subdivision? OYes❑No If Yes, i. Purpose or type of subdivision?(e.g.,residential,industrial,commercial;if mixed,specify types) ai. Is a cluster/conservation layout proposed? OYes❑No iii.Number of lots proposed? _ .4 iv.Minimum and maximum proposed lot sizes? Minimum 1.8366 acres Maximum 53.900acres e.Will proposed action be constructed in multiple phases? ❑YesONo i. If No,anticipated period of construction: months U. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase 1 (including demolition) month year • Anticipated completion date of final phase month year • Generally describe connections or relationships among phases,including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 U. Describe how the proposed action would affect that waterbody or wetland,e.g.excavation,fill,placement of structures,or alteration of channels,banks and shorelines. Indicate extent of activities,alterations and additions in square feet or acres: ................. ..................... iii. Willproposed action cause or result in disturbance to bottom sediments? E]YesE]No If Yes,describe: ----------- iv.Will proposed action cause or result in the destruction or removal of aquatic vegetation? El Yes No If Yes: • acres of aquatic vegetation proposed to be removed: • expected acreage of aquatic vegetation remaining after project completion: • purpose of proposed removal(e.g.beach clearing,invasive species control,boat access): ............ • proposed method of plant removal: . ............ ...............- • if chemical/herbicide treatment will be used,specify product(s): ........ v. Describe any proposed reclamation/mitigation following disturbance: .............. —--—----------- c.Will the proposed action use,or create a new demand for water? Elyes ON�o If Yes: i. Total anticipated water usage/demand per day: gallons/day ii.Will the proposed action obtain water from an existing public water supply? E]Yes E]No If Yes: • Name of district or service area: .............. .. .... • Does the existing public water supply have capacity to serve the proposal? El YesEl No • Is the project site in the existing district? El YesE]No • Is expansion of the district needed? El Yes E]No • Do existing lines serve the project site? El YesE]No iii.Will line extension within an existing district be necessary to supply the project? Elyes E]No If Yes: • Describe extensions or capacity expansions proposed to serve this project: • Source(s)of supply for the district: ..................................................... iv. Is a new water supply district or service area proposed to be formed to serve the project site? E]YesF-]No If,Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: .... • Proposed source(s)of supply for new district: ................. v. If a public water supply will not be used,describe plans to provide water supply for the project: ... mmmm ... vi.If water supply will be from wells(public or private),maximum pumping capacity:_gallons/minute. d.Will the proposed action generate liquid wastes? E]YesONo If Yes: i. Total anticipated liquid waste generation per day: __ gallons/day ii.Nature of liquid wastes to be generated(e.g.,sanitary wastewater,industrial;if combination,describe all components and approximate volumes or proportions of each) ...... ---------- .................... ...........—,-- iii. Will the proposed action use any existing public wastewater treatment facilities? E]YesE]No If Yes: • Name of wastewater treatment plant to be used: ............-------- • Name of district: • Does the existing wastewater treatment plant have capacity to serve the project? F]Yes[3No • Is the project site in the existing district? I-JYes[3No • Is expansion of the district needed? E]YesE]No Page 5 of 13 0 Do existing sewer lines serve the project site? []Yes[:]No 0 Will line extension within an existing district be necessary to serve the project? E]Yes[:]No If Yes: • Describe extensions or capacity expansions proposed to serve this project: ———---- .................................................. iv.Will a new wastewater(sewage)treatment district be formed to serve the project site? E]Yes[]No If Yes: 0 Applicant/sponsor for new district: .. ......... 0 Date application submitted or anticipated: .... .... e What is the receiving water for the wastewater discharge? v. If public facilities will not be used,describe plans to provide wastewater treatment for the project,including specifying proposed receiving water(name and classification if surface discharge,or describe subsurface disposal plans): —— ......... Vi. Describe any plans or designs to capture,recycle or reuse liquid waste: .............._.........._11--............................ e.Will the proposed action disturb more than one acre and create stormwater runoff,either from new point []YesoNo sources(i.e.ditches,pipes,swales,curbs,gutters or other concentrated flows of stormwater)or non-point source(i.e.sheet flow)during construction or post construction? If Yes: i. How much impervious surface will the project create in relation to total size of project parcel? Square feet or _acres(impervious surface) Square feet or _acres(parcel size) U. Describe types of new point sources. iii. Where will the stormwater runoff be..........directed(i.e.on-site stormwater management facility/structures,adjacent properties, groundwater,on-site surface water or off-site surface waters)? ............................ ——___-,—- ...... • If to surface waters,identify receiving water bodies or wetlands: -- ........................ . ...... • Will stormwater runoff flow to adjacent properties? E]YesE]No iv. Does proposed plan minimize impervious surfaces,use pervious materials or collect and re-use stormwater? E]Yes[]No f. Does the proposed action include,or will it use on-site,one or more sources of air emissions,including fuel E]YesoNo combustion,waste incineration,or other processes or operations? If Yes,identify: i.Mobile sources during project operations(e.g.,heavy equipment,fleet or delivery vehicles) ii. Stationary sources during construction(e.g.,power generation,structural heating,batch plant,crushers) iii. Stationary sources during operations(e.g.,process emissions,large boilers,electric generation) ..................... g.Will any air emission sources named in D.2.f(above),require a NY State Air Registration,Air Facility Permit, E]YesoNo or Federal Clean Air Act Title IV or Title V Permit? If Yes: i. Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet E]YesE]No ambient air quality standards for all or some parts of the year) ii. In addition to emissions as calculated in the application,the project will generate: (short tons)of Carbon Dioxide(CO2) • Tons/year(short tons)of Nitrous Oxide(N20) • Tons/year(short tons)of Perfluorocarbons(PFCs) • Tons/year(short tons)of Sulfur Hexafluoride(SF6) • Tons/year(short tons)of Carbon Dioxide equivalent of Hydroflourocarbons(HFCs) • Tons/year(short tons)of Hazardous Air Pollutants(HAPs) Page 6 of 13 h.Will the proposed action generate or emit methane(including,but not limited to,sewage treatment plants, ElYesENo landfills,composting facilities)? If Yes: i. Estimate methane generation in tons year(metric): _________..... —-------- ii.Describe any methane capture,control or elimination measures included in project design(e.g.,combustion to generate heat or electricity,flaring): i.Will the proposed action result in the release of air pollutants from open-air operations or processes,such as E]YesE]No quarry or landfill operations? If Yes:Describe operations and nature of emissions(e.g.,diesel exhaust,rock particulates/dust): j.Will the proposed action result in a substantial increase in traffic above present levels or generate substantial E]YesENo new demand for transportation facilities or services? If Yes: i.When is the peak traffic expected(Check all that apply): [I Morning El Evening E]Weekend 0 Randomly between hours of to ii. For commercial activities only,projected number of semi-trailer truck trips/day: X. Parking spaces: Existing Proposed Net increase/decrease iv. Does the proposed action include any shared use parking? [-]YesE]No v. If the proposed action includes any modification of existing roads,creation of new roads or change in existing access,describe: ...................................... ............._,........................................... ................................... ... vi. Are public/private transportation service(s)or facilities available within V2 mile of the proposed site? E]YesF]No vii Will the proposed action include access to public transportation or accommodations for use of hybrid,electric F]YesE]No or other alternative fueled vehicles? viii.Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing E]YesE]No pedestrian or bicycle routes? k.Will the proposed action(for commercial or industrial projects only)generate new or additional demand E]Yes2No for energy? If Yes: i. Estimate annual electricity demand during operation of the proposed action: ................ ii. Anticipated sources/suppliers of electricity for the project(e.g.,on-site combustion,on-site renewable,via grid/local utility,or other): iii. Will the proposed action require a new,or an upgrade to,an existing substation? E]YesE]No ...................................... 1.Hours of operation. Answer all items which apply, i. During Construction: ii. During Operations: • Monday-Friday: ww. 0 Monday-Friday: • Saturday: 0 Saturday:. ...... • Sunday: 9 Sunday:_ • Holidays: 9 Holidays: Page 7 of 13 m.Will the proposed action produce noise that will exceed existing ambient noise levels during construction, ❑Yes ONo operation,or both? If yes: i. Provide details including sources,time of day and duration: ii. Will ro osed action remove existing natural barriers that could act as a noise barrier o screen? p p g r or screen? ❑Yes No Describe: n..Will the proposed action have outdoor lighting? ❑Yes ONo If yes: L Describe source(s),location(s),height of fixture(s),direction/aim,and proximity to nearest occupied structures: U. Will proposed action remove existing natural barriers that could act as a light barrier or screen? ❑Yes No Describe: o.Does the proposed action have the potential to produce odors for more than one hour per day? ❑Yes BNo If Yes,describe possible sources,potential frequency and duration of odor emissions,and proximity to nearest occupied structures: p.Will the proposed action include any bulk storage of petroleum(combined capacity of over 1,100 gallons) ❑Yes No or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i. Product(s)to be stored ii. Volume(s) per unit time s (e g.,month,year) iii. Generally describe proposed storage facilities: T_ q.Will the proposed action(commercial,industrial and recreational projects only)use pesticides(i.e.,herbicides, ❑Yes No insecticides)during construction or operation? If Yes: i.Describe proposed treatment(s): ..................................................... ii.Will the ro osed a6666666 ... �.... ....�. — ction use Integrated Pest Mana ement Practices? 0 Yes ❑No r.Will the proposed action(commercial or industrial projects only)involve or require the management or disposal ❑ Yes ONo of solid waste(excluding hazardous materials)? If Yes: L Describe any solid waste(s)to be generated during construction or operation of the facility: • Construction: tons per (unit of time) • Operation tons per (unit of time) ii.Describe any proposals for on-site minimization,recycling or reuse of materials to avoid disposal as solid waste: • Construction: • Operation: � ..... .. _ .. _....–----- Proposed ........ nt. .......... ii disposal methods/facilities for solid waste generated on-site: • Construction: • Operation: _-. Page 8 of 13 s.Does the proposed action include construction or modification of a solid waste management facility? El Yes 0 No If Yes: i. Type of management or handling of waste proposed for the site(e.g.,recycling or transfer station,composting,landfill,or other disposal activities): ii. Anticipated rate of disposal/processing: • Tons/month,if transfer or other non-combustion/thermal treatment,or • Tons/hour,if combustion or thermal treatment iii. If landfill,anticipated site life: years t.Will proposed action at the site involve the commercial generation,treatment,storage,or disposal of hazardous ❑Yes No waste? If Yes: i.Name(s)of all hazardous wastes or constituents to be generated,handled or managed at facility: ii. Genera processes Generally describe processes or activities involving hazardous wastes or constituents: i iii. Specify amount to be handled ................................................................................. ................_�.... or generated tons/month iv. Describe any proposals for on-site minimization,recycling or reuse of hazardous constituents: y mm — ,p,. - v. Will an hazardous wastes be disposed at an existingoffsite hazardous waste facility? Yes No If Yes:provide name and location of facility: as ous waste facility: ... �� If No:describe proposed management of any hazardous wastes which will not be sent to a hazard ��y. E.Site and Setting of Proposed Action E.1.Land uses on and surrounding the project site a.Existing land uses i. Check all uses that occur on,adjoining and near the project site. ❑ Urban ❑ Industrial ❑ Commercial 0 Residential(suburban) Rural(non-farm) ❑ Forest Ja Agriculture ❑ Aquatic ❑ Other(specify): fl. If mix of uses,generally describe: b.Land uses an...... ww...e's--www 'c—wtw d covertyps on the project site. .... ... Land use or Current Acreage After Change Completion (Acres +/) Covertype Acreage � ....ProjectCltio (A ... ...� � - ... ..... .. ..... ....... • Roads,buildings,and other paved or impervious surfaces • Forested • Meadows,grasslands or brushlands (non- agricultural,including abandoned agricultural) • Agricultural 61.0976 53.9000 -7.1976 (includes active orchards,field,greenhouse etc.) • Surface water features (lakes,ponds,streams,rivers,etc.) • Wetlands(freshwater or tidal) • Non-vegetated(bare rock,earth or fill) • Other �..,,�. ,.�,.,. . ....�....... .............................�... .................... ......................................................................... Describe: Page 9 of 13 c.Is the project site presently used by members of the community for public recreation? 0 Yes No. ..... i. If Yes:explain: d.Are there any facilities serving children,the elderly,people with disabilities(e.g.,schools,hospitals,licensed E1Yes2No day care centers,or group homes)within 1500 feet of the project site? If Yes, i. Identify Facilities: . ............................ e.Does the project site contain an existing dam? Yes No If Yes: i. Dimensions of the dam and impoundment: a Dam height: feet 0 Dam length: feet a Surface area: acres @ Volume impounded: gallons OR acre-feet U. Dam's existing hazard classification: ....... W. Provide date and summarize results of last inspection: -—--–-—- ......................................... ............— ......................__ ................... f.Has the project site ever been used as a municipal,commercial or industrial solid waste management facility, E]YesENo or does the project site adjoin property which is now,or was at one time,used as a solid waste management facility? If Yes: L Has the facility been formally closed? E1Yes 2 No 0 If yes,cite sources/documentation: .............. . ..... ii. Describe the location of the project site relative to the boundaries of the solid waste management facility W. Describe any development constraints due to the prior solid waste activities: ............. g.Have hazardous wastes been generated,treated and/or disposed of at the site,or does the project site adjoin ]Yes No property which is now or was at one time used to commercially treat,store and/or dispose of hazardous waste? If Yes: i. Describe waste(s)handled and waste management activities,including approximate time when activities occurred: ..... .................. h. Potential contamination history. Has there been a reported spill at the proposed project site,or have any E]Yes E No remedial actions been conducted at or adjacent to the proposed site? If Yes: L Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site Yes No Remediation database? Check all that apply: 0 Yes–Spills Incidents database Provide DEC ID number(s): ................................. Yes–Environmental Site Remediation database Provide DEC ID number(s): ............. ❑ Neither database ii. If site has been subject of RCRA corrective activities,describe control measures:_____ W. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ]Yes No If yes,provide DEC ID number(s): iv. If yes to(i),(ii)or(iii)above,describe current status of site(s): ........... ----------------- Page 10 of 13 ............................................__.................. v. Is the project site subject to an institutional control limiting property uses? E]YesONo • If yes,DEC site ID number:............. • Describe the type of institutional control(e.g.,deed restriction or easement): .......................... • Describe any use limitations: • Describe any engineering controls: • Will the project affect the institutional or engineering controls in place? Yes No V Explain: E.2. Natural Resources On or Near Project Site a.What is the average depth to bedrock on the project site? N/A feet .......__...m_. b.Are there bedrock outcroppings on the project site? Yes No If Yes,what proportion of the site is comprised of bedrock outcroppings? ............. ............ c.Predominant soil type(s)present on project site: HaA/HaB 54.9%/4.4-% RdA/RdB 11.7%/8.4% PlB 1.6% .......... d.What is the average depth to the water table on the project site? Average: feet e.Drainage status of project site soils:0 Well Drained: 100%of site Moderately Well Drained: -6%of site Poorly Drained 0%of site f.Approximate proportion of proposed action site with slopes: 0 0-10%: 100%of site El 10-15%: 0%of site 15%or greater: 0%of site g.Are there any unique geologic features on the project site? 0 If Yes,describe: ........ ..........- h. Surface water features. i. Does any portion of the project site contain wetlands or other waterbodies(including streams,rivers, Yes No ponds or lakes)? ii. Do any wetlands or other waterbodies adjoin the project site? es No If Yes to either i or ii,continue, If No,skip to E.2J. iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, 0Yes state or local agency? iv. For each identified regulated wetland and waterbody on the project site,provide the following information: 0 Streams: Name Classification 0 Lakes or Ponds: Name Classification • Wetlands: Name . ..... Approximate Size ................. • Wetland No.(if regulated by DEC) v. Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired E]Yes ONo waterbodies? If yes,name of impaired water body/bodies and basis for listing as impaired: ......................................... ........... i.Is the project site in a designated Floodway? ElyesoNo ................ .. j. Is the project site in the 100 year Floodplain? E]Yes .......................................... k.Is the project site in the 500 year Floodplain? [:]YesoNo 1.Is the project site located over,or immediately adjoining,a primary,principal or sole source aquifer? OYes[:]No If Yes: i.Name of aquifer: ____Sole Source Aquifer Names:Nassau-Suffolk SSA .................. Page 11 of 13 in. Identify the predominant wildlife species that occupy or use the project site: n.Does the project site contain a designated significant natural community? ElyesONo If Yes: i. Describe the habitat/community(composition,function,and basis for designation): ii. Source(s)of description or evaluation: iii. Extent of community/habitat: • Currently: acres • Following completion of project as proposed: acres • Gain or loss(indicate+or-): acres o.Does project site contain any species of plant or animal that is listed by the federal government or NYS as ®Yes❑No endangered or threatened,or does it contain any areas identified as habitat for an endangered or threatened species? p. Does the project site contain any species of plant or animal that is listed by NYS as rare,or as a species of Yes No special concern? q.Is the project site or adjoining area currently used for hunting,trapping,fishing or shell fishing? ❑Yes No If yes,give a brief description of how the proposed action may affect that use: E.3. Designated Public Resources On or Near Project Site a.Is the project site,or any Portion of it located in a designatedma�. cultural district certified Pursuant to ..........Yes..................o Agriculture and Markets Law,Article 25-AA,Section 303 and 304? If Yes, provide county plus district name/number:SUFF001 -—---..... b.Are agricultural lands consisting of highly Productive soils present. Yes o..... i. If Yes: acreage(s)on project site?61.0976 acres ii. Source(s)of soil rating(s):Soil Survey of Suffolk County,NY(Warner et al., 1975)classifies subject property soils as Prime Agricultural Soils c. Does the project site contain all or part of,or is it substantially contiguous to,a registered National ❑Yes®No Natural Landmark? If Yes: i. Nature of the natural landmark: ❑Biological Community El Geological Feature ii. Provide brief description of landmark,including values behind designation and approximate size/extent: ...... .... -.�. ......� _ �— d.Is the project site located in or does it adjoin a state listed Critical Environmental Area? ®Yes❑No If Yes: i. CEA name: SGPA ii. Basis for designation Protect groundwater W. g'. Designating agency and date: ,Date 3-19-93,Agency:Long Island Regional Planning� Page 12 of 13 e.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district El Yes®No which is listed on,or has been nominated by the NYS Board of Historic Preservation for inclusion on,the State or National Register of Historic Places? If Yes: i.Nature of historic/archaeological resource: F-1 Archaeological Site ❑Historic Building or District ii.Name: iii. Brief description of attributes on which listing is based: f.Is the project site,or an portion of it,located in or adjacent to an area designated as mmitiv for ]Y p � y p � g sensitive for ❑Yes®No archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? _ ..... .._...__. _ .� ........ ........... g... Have additional archaeological ical or historic site(s)or resources been identified on the project site? ❑Yes®No If Yes: i.Describe possible resource(s): ii. Basis for identification: h.Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local Uyes®No........ scenic or aesthetic resource? If Yes: i. Identify resource: m5' i,, _ ii. Nature of,or basis for,designation(e.g.,eal st lished highway overlook,state or local Irarh, I to historic trail or scenic byway, etc.);. iii. Distance between project and resource _m .......... mIT miles. i. Is the project site located within a designated river corridor under the Wild,Scenic and Recreational Rivers ❑Yes®No Program 6 NYCRR 666? If Yes: i. Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? [-]Yes[-]No F.Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal,please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name PG41 1'I U b- Kk- Carry.(_ .__...._ ... Date wZow r Signature ' ///// (� Title AS-S em -(e� L 1° PRINT FORM Page 13 of 13 MAILING ADDRESS: PLANNING BOARD MEMBERS �0 r , P.O. Box 1179 DONALD J.WILCENSKI -X* 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 UN11 Southold,NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: September 23, 2014 Re: Deferred Revenue The Open Development Area Sketch Application referenced below has been accepted by the Planning Board and the funds may be processed to Planning Applications Revenue Account B2115.10. Thank you, Type Applicant/Project Name & T e ax Map # Amount Check T Date/No. y p I elopment Area � ..mmmIT E selks, Hefter& Sidor Family Oen Dev _.._. — Sketch Plan Application Fee SCTM#1000-100- 4-4 Angel, LLP) $500.00 CK MAILING DRESS: PLANNING BOARD MEMBERS � ' S0P.O. Box 1179 DONALD J.WILCENSKI Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III " (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDORSouthold, NY Telephone: 631 765-1938 www.southoldtow-imy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: July 28, 2014 Re: Checks Please deposit the attached check into B691: Deferred Revenue. Fee is for a Sketch Plan Application not yet accepted by the Planning Board. Thank you, Project Name & Type Tax Map # Amount Check Date & Number Sidor Family Conservation 1000-100-4-4 $500.00 7/25/14 - #34878 Subdivision Sketch Plan (Esseks, Hefter& cation Angel, LLP) SPP r. t: . 1D 1dh17 . E �TT'. 1 .1 � 7, 1 ATTORNEY OPERATING ACCOUNT THE SUFFOLK COUNTY NATIONAL BANK ESSEKS,HEFTER&ANGEL,LLP RIVER HEAD, NY 11901 COUNSELORS AT LAW 108 EAST MAIN STREET 50-54W14 RIVERHEAD, NY 11901 1631)469-1700 , DATE CHECK AMOUNT 07/25/14 '1500.00 * "FIVE HUNDRED &00/100 DOLLARS PAY TO THE ORDER Clerk, Town of Southold OF COMM ��'ti�i� .w, •n 7 1 0 7 II iii 1�•n a L�M n gLP-Lim l 1 nn 748 2 Oil'