Loading...
HomeMy WebLinkAbout1000-115.-2-6 (2) 61� MELISSA A.SPIRO OF soU OFFICE LOCATION: �y Town Hall Annex LAND PRESERVATION COORDINATOR0 O 01 0 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 Ol �� MAILING ADDRESS: UM`I, P.O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Southold Town Board • dLAUG 15Z0113 From: Land Preservation Department 5oL,ti,oto To,rm Planning Board Date: August 15, 2013 Re: Maaratooka North. LLC- Open Development Area (ODA) Part of SCTM #1000-115.-2-6 In compliance with condition as set forth in Resolution No. 2013-589 adopted by the Southold Town Board on July 30, 2013,regarding the approval of an Open Development Area for Maaratooka North, LLC, attached you will find a copy of the following: • Deed of Conservation Easement dated July 30, 2013,between Maaratooka North, LLC and the Town of Southold, as recorded in the Office of the Suffolk County Clerk on August 9, 2013,in Liber D00012739, at page 839 /md cc: Daniel C. Ross, Esq.w/attachment Eric Keil, Maaratooka North, LLC w/o attachment Aly Sabatino, Planner w/attachment RESOLUTION 2013-589 �Qa6 ADOPTED DOC ID: 8993 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-589 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 30,2013: WHEREAS, on June 4, 2013 the Southold Town Planning Board granted Sketch Plat Approval on the map entitled "Maaratooka North, LLC Open Development Area" dated June 20, 2010 and last revised November 5, 2012 prepared by Nathan Taft Corwin, III, Land Surveyor, for a Conservation Subdivision pursuant to §240-26(A) of the Town Code; and WHEREAS, this proposed Open Development Area (ODA) will create a development area of 4.5 acres in a 22.5-acre parcel with the future potential to be subdivided into a maximum of 3 residential lots and one 18-acre protected farmland parcel in the A-C Zoning District; and WHEREAS, the New York State Department of Agriculture and Markets is partially funding the Town of Southold's purchase of Development Rights Easement on the Filed Miscellaneous Map through grant Contract No. C800753; and WHEREAS, the New York State Department of Agriculture and Markets has conditioned the grant funding to restrict the future subdivision of the ODA to one lot not to exceed one acre in area, and further, that there shall be no subdivision of the property except for one lot that shall be located in the ODA. The lot shall not be greater than one acre and the design of the lot shall be subject to a formal subdivision approval of the Southold Town Planning Board;, and WHEREAS, the New York State Department of Agriculture and Markets has further conditioned that the fee title ownership of the portion of the ODA that is not included in the permitted lot, shall not be separated from the Easement Area. The portion of the ODA that is not included in the permitted lot shall retain the right of two permitted or special exception uses, so long as those uses do not require further subdivision approval and subject to any additional Town approval required by Chapter 280 of the Town Code; and WHEREAS, the Town Board of the Town of Southold has received a petition from Maaratooka North, LLC to establish an ODA pursuant to Chapter 240 of the Town Code on property identified as part of SCTM # 1000-120-3-11.11 and located in the A-C Zoning District; and WHEREAS, on July 16, 2013, the Southold Town Board adopted a resolution accepting the petition as complete and setting the public hearing for July 30, 2013; and Resolution 2013-589 L--.d Meeting of July 30, 2013 WHEREAS, on July 30, 2013, the Southold Town Board held and closed a public hearing on the proposed establishment of the ODArea; and WHEREAS, the Southold Town Board finds that the requirement for the establishment of an ODA pursuant to Southold Town Code Chapter 240, Article VIII, Open Development Area, have been met; and WHEREAS, the Southold Town Board declared Lead Agency status for the SEQRA review of this Unlisted Action; and WHEREAS, the Southold Town Board performed a coordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); now, therefore, be it RESOLVED that the Town Board of the Town of Southold, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed action and grants 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 upon the map entitled "Maaratooka North, LLC Open Development Area" dated June 20, 2010 and last revised November 5, 2012, prepared by Nathan Taft Corwin, III, Land Surveyor, subject to the following condition: 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 Board of the Town of Southold on or before one year from the date of this approval. F+ awaz?,- ip Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Christopher Talbot, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot,Evans,Russell Updated: 7/30/2013 8:44 AM by Lynne Krauza Page 2 5r' 1111111 IN 11111111111111111111111111111111111 IN IN 11111111111111111 IN III SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: , 08/09/2013 Number of Page's: 20 At: 04 :42 :23 PM Receipt Number : 13-0099056 TRANSFER TAX NUMBER: 13-00883 LIBER: D00012739 PAGE : 839 District: Section: Block: Lot: 1000 115 .00 02 .00 006.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $1,138,330 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $100 .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 $25.00 NO RPT $60 .00 NO :'Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO Fees Paid $230 .00 TRANSFER TAX NUMBER: 13-00883 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County i x .�-��■ ��r.� � ����r�� ®• �.� .rte�����.��_.� _. � � _ [0R pages 0 RECORDED 2013 Aug 09 04:42:23 PM a JUDITH A. PASCALE 0-00OThis document will be public CLERK OF record. Please remove all SUFFOLK COUNTY Social Security Numbers L D00012739 P 839 prior to recording. DT# 13-00883 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recoding/Filing Stamps 3 1 FEES Page/Filirig Fee Mortgage Amt. 1. Basic Tax _ Handling 20. 00 2.-Additional Tax _ TP E • s _ Sub Total Notation SpecJAssit. or EA-5217(County) ' Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX _ Dual Town Dual County_ R P.T.S A. tf Cl Held for Appoin ent Comm,of Ed. 5. 00 � Tianr Affidavit Mansion Tax :�-Fe�d CCopy The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 Sub Total family dwelling only. Other ? ©d YES or NO Grand Total I 30 rf NO,see appropriate tax clause on C� page# of thi tryent, 4 Dist./QW Section //-T0-0 Block /Ja &-0 Lot oo6,Ovd 5 Community Preservation!Fuund Ov Real Property 13020677 3.000 3.1500 0200 006000 Consideration AmoN Tax Service PTS 1Agency R DN A PF ax Due Verification05-AUG4 bSatisfacti%,—,— .. 5 -r----, .___-a_-iddress RECORD&RETURN TO: Vacant Land 1'V t ✓lr'- �DiL'D�S,('/� Sie_ �JQM- TD r0fUN 0,- sDa7W0146 �ppOr Box //79 TD o2DcG 0,cd, Ary 41171/ TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www suffolkcountyny.gov/clerk ✓ Title# 8 Suffolk Countv Recor ding & Endorsement Page This page forms part of the attached k �L8-e:t made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of atZ7Z9lDl-pJ �retUN d F sec67z"wz In the VILLAGE, or HAMLET of ffl—YM77CC/C BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INKONLYERIOR TO RECORDING OR FILING iwio�iauest " "'" (over) r Deed of Conservation Easement THIS CONSERVATION EASEMENT('Basement")is granted this J?o di-day of July 2013,by MAARATOOKA NORTH,LLC,having an address at 30 East Gate Drive,Huntington,New York 11743 ("Grantor")to the TOWN OF SOUTHOLD ("Grantee"), a New York municipal corporation having its principal office at 53095 Main Road,P.O. Box 1179, Southold,New York 11971. WHEREAS: A. Grantor is the owner of certain real property (the"Property") consisting of 22.50 acres,located on 17405 NYS Route 25,Mattituck, in the Town of Southold, Suffolk County,New York, designated as SCTM# 1000-115-2-6,of which 18.00 acres is subject to this Deed of Conservation Easement(hereinafter,the"Property") and more fully described in the legal survey description of the Property("EXHIBIT A") and shown on the reduced copy of the survey ("EXHIBIT B"),both attached hereto and made a part hereof. B. Grantee is a municipal corporation and has the authority pursuant to Section 247 of the General Municipal Law and Article 49,Title 3 of the New York Environmental Conservation Law(the "ECL")to acquire conservation easements. C. The Property consists primarily of productive agricultural land. The Property contains 18.00 acres of prime soils as defined by the U.S.Department of Agriculture Natural Resources Conservation Service. D. Article 14, Section 4 of the New York State Constitution states that"the policy of this state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products;" E. In Section 49-0301 of the ECL,the Legislature of the State of New York found and declared that"in order to implement the state policy of conserving,preserving and protecting its environmental assets and natural and man-made resources,the preservation of open spaces, and the preservation, development and improvement of agricultural and forest lands...,is fundamental to the maintenance,enhancement and improvement of...balanced economic growth and the quality of life in all areas of the state;" F. The Property is located within Suffolk County's Agricultural District#1,created pursuant to Article 25AA of the New York State Agriculture and Markets Law. In Section 300,it states: "It is hereby found and declared that many of the agricultural lands in New York State are in jeopardy of being lost for any agricultural purposes. When nonagricultural development extends into farm areas, competition for limited resources results...It is therefore the declared policy of the state to conserve,protect and encourage the development and improvement of its 1 out of 16 agricultural land for production of food and other agricultural products...It is the purpose of this article to provide a locally-initiated mechanism for the protection and enhancement of New York State's agricultural land as a viable segment of the local and state economies and as an economic and environmental resource of major importance;" G. Article 25-AAA, Section 321 of the Agriculture and Markets Law states that"It is hereby found and declared that agricultural lands are irreplaceable state assets. In an effort to maintain the economic viability, and the environmental and landscape preservation values associated with agriculture..."the Commissioner is authorized to administer programs to assist counties in developing agricultural and farmland protection plans and to assist both county and municipal governments in the implementation of such plans. The Commissioner gives priority to projects that will preserve viable agricultural land, are located in areas facing significant development pressure and serve as a buffer for a significant natural public resource containing important ecosystem or habitat characteristics; H. The Property is located within the Town of Southold,which has adopted the Southold Town Farm and Farmland Protection Strategy,dated January,2000. The Plan recommends that the Town continue its efforts to preserve hand suitable for farming and ensure that farming remains an important part of the local economy. The Plan also recommends that the Town participate in partnership efforts with the Federal, State and County governments and related grant programs in order to use the Town's limited financial resources most effectively. r I. The Property is also located within the County of Suffolk,which has adopted an Agricultural and Farmland Protection Plan dated June 1996,which recommends the continued preservation of productive farmland through the purchase of development rights. In addition,the Plan sets forth the following goals:to preserve agriculture as an important industry in Suffolk County, preserve farmland as an important natural resource, and preserve the cultural continuity of farms and farm families. The plan seeks to preserve 20,000 acres of productive farmland through the purchase of development rights and to ensure that public policy protects,promotes and sustains agriculture. J. Grantor has received independent legal and financial advice regarding this Easement to the extent that Grantor has deemed necessary. Grantor freely signs this Easement in order to accomplish its conservation purposes. NOW,THEREFORE,in consideration of the foregoing,ONE MILLION ONE HUNDRED THIRTY-EIGHT THOUSAND THREE HUNDRED THIRTY AND 00/00 Dollars($1,138,330.00)and the mutual covenants,terms,conditions and restrictions contained herein,the parties agree as follows: 1. Grant of Conservation Easement. Grantor hereby grants and conveys to Grantee,a Conservation Easement(the"Easement"), an immediately vested interest in real property defined by Article 49,Title 3 of the ECL of the nature and character described herein,for the benefit of the general public,which Easement shall run with and bind the Property in perpetuity. Grantor will neither perform,nor knowingly allow others to perform, 2 out of 16 any act on or affecting the Property that is inconsistent with the covenants contained herein. Grantor authorizes Grantee to enforce these covenants in the manner described below. 2. Purpose. The Primary Purpose of this easement is to conserve viable agricultural land and soil resources by preventing uses of the Property that will significantly impair or interfere with the Property's agricultural and forestry viability and productive capacity. 3. Implementation. This Easement shall be implemented by limiting and restricting the development and use of the Property in accordance with its provisions. The Property remains subject to all applicable local, state and federal laws and regulations. This Easement and the administration of its provisions shall not unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25- AA of the Agriculture and Markets Law. 4. Definitions. 4.(a). "Grantor"or"owner"include the original Grantor,its heirs, successors and assigns,all future owners of any legal or equitable interest in all or any portion of the Property,and any party entitled to the possession or use of all or any part thereof. 4.(b). "Grantee"includes the original Grantee(s)and its successors and assigns. 4.(c). "Farm Labor Housing"means 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,the worker is an essential employee of 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 the primary residence of a farm owner is not"farm labor housing". 4.(d). "Farm Operation" shall be defined in accordance with Section 301 of the New York State Agriculture and Markets Law("Agriculture and Markets Law"), or such successor law as enacted or amended. 4.(e). "Impervious Surfaces"are defined as structures or improvements that permanently cover soil resources.Impervious Surfaces do not include permeable surfaces such as gravel roads and parking areas;structures whose principal purpose is to protect soil and water resources,such as manure storage areas; and structures and improvements lacking permanent foundations. In determining the square footage of Impervious Surface within any structure or improvement on the Property,only those surfaces actually covered with sidewalks, driveways or a continuous foundation that individually would be deemed to be Impervious Surface shall be included in any such measurement.Under no circumstances shall a 3 out of 16 J concrete footing associated with any structural support post or column that is not part of a continuous foundation ever be included in any such measurement of Impervious Surface. "Sound Agricultural Practices" is defined as those practices necessary for on-farm production,preparation and marketing of agricultural commodities,provided such practices are legal,necessary,do not cause bodily harm or property damage off the farm, and achieve the intended results in a reasonable and supportable way. If necessary,to determine if a practice is"sound,"Grantee or Grantor may request that the New York State Department of Agriculture and Markets initiate a sound agricultural practice review pursuant to Section 308 of the New York State Agriculture and Markets Law,or any ' successor law as enacted or amended. 4.(g). "Viable Agricultural Land"is defined as land highly suited for agricultural production. 5. Reserved Rights Retained by Grantor. As the owner of the Property,Grantor reserves all customary rights and privileges of ownership, including the right of exclusive use,possession and enjoyment of the Property,the rights to sell, lease,and devise the Property, as well as any other rights consistent with the Purpose set forth in Section 2("Purpose")and not specifically prohibited or limited by this Easement. Under no circumstances shall commercial airstrips or commercial helicopter pads or similar improvements be constructed or operated on the Property. However,nothing in this Easement relieves Grantor of any obligation with respect to the Property or restriction on the use of the Property imposed by law and nothing in this Easement shall require Grantor to take any action to restore the condition of the Property after any Act of God or Force Majeure. 5.(a). Right to Use Property for Agricultural Uses. Grantor shall have the right to engage in all types of agricultural production as the term is referenced in§247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, or such successor law as enacted or amended,and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, or such successor law as enacted or amended, or as said§301(2)(a)- 0)may be amended. The processing or retail merchandising of such crops,livestock or livestock products, and a riding academy shall not be considered agricultural production. Grantor may offer"U-Pick" operations and/or the use of a corn maze to the general public,provided that 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 Property, and,,therefore, shall 4 out of 16 not be deemed a recreational use. 5.(b). Right to Use Property for Recreational Purposes. Grantor retains the right to use the Property for otherwise lawful personal recreational uses, including,but not limited to,hunting,fishing,cross-country skiing,camping, horseback riding and snowmobiling,subject to the limitations set forth in this Easement, including Section 8 ("Construction of Buildings and Other Improvements"). In all cases, such recreational uses must be compatible with the Purpose of this Easement and subordinate to the agricultural use of the Property.Under no circumstances shall athletic fields, golf courses or ranges,or other similar recreational improvements be constructed. 6. Conservation Plan. Grantor and Grantee recognize that changes in economic and environmental conditions, in agricultural technologies,in accepted farm management practices and in the Farm Operations of Grantor may result in changes in the agricultural uses of the Property. It is the intention of this Easement to maintain Grantor's discretion to employ its choices of farm uses and management practices so long as those uses and all farming operations are conducted in accordance with Sound Agricultural Practices as defined herein and in a manner consistent with a Conservation Plan prepared by a qualified conservation professional or by the local Soil and Water Conservation District in cooperation with the Grantor. The Conservation Plan shall identify potential adverse environmental impacts of agricultural activities, as well as enhance the agricultural productivity and economic viability of the Property. This plan shall be updated periodically and whenever the Farming Operation changes substantially. Upon request, Grantor shall provide a copy of the most current plan to Grantee. 7:Access. Nothing contained in this Easement shall give or grant to the public a right to enter upon or to use the Property or any portion thereof where no such right existed in the public immediately prior to the execution of this Easement. 8. Construction of Buildings and Other Improvements. Grantor may undertake construction, erection, installation,removal or placement of buildings, structures, or other improvement to the Property only as provided in this Easement and set,forth below. S.(a). Impervious Surfaces Subject to the limitations set forth below,Impervious Surfaces may be constructed or placed on up to a maximum of 10%of the Property. 8.(b). Fences Existing fences may be repaired,removed and replaced,and new fences may be built on the Property for purposes of reasonable and customary management of livestock and wildlife, safety and general management and to prevent trespassing on the Property. 8.(c). Agricultural Structures and Improvements 5 out of 16 .r Any existing or subsequent agricultural structures and improvements may be repaired, removed,enlarged and replaced at their current locations,subject to the Impervious Surface coverage limitations set forth in Section 8(a) ("Impervious Surfaces"). ' Subject to the Impervious Surface coverage limitations set forth in Section 8(a)("Impervious Surfaces"),Grantor may construct buildings, structures and impervious improvements for such = purposes related to the Farm Operation on up to 5%of the Property without permission of Grantee. With permission of Grantee, Grantor may construct buildings,structures and improvements related to the Farm Operation that would cover up to an additional 5%of the Property.For purposes herein, such buildings,structures and improvements shall not include those associated with manure processing anhandling or any facilities associated with the processing or marketing of crops,livestock, and livestock products,including a horse riding d academy. 8.(d).Farm Labor Housing Subject to the Impervious Surface coverage limitations set forth in Section 8(a), Grantor may construct or place new dwellings or structures exclusively for Farm Labor Housing on up to one percent(1%) of the Property without permission of Grantee. The land on which these structures stand shall not be subdivided. 8.(e). Personal Recreational Structures,Improvements and Activities ject Structures, improvements and activitiesassociated with personal d d that such structures,)improvements or to Section 5(b), are permitted on the Property p activities: (i) are compatible with the Purpose of this Easement; and 00 are subordinate to the agricultural use of the Property;and (iii) with respect to structures r�than 00 square feet unlesscomprise an Grantee has aggregate ed footprint of no prior permission of Grantor pursuant to Section 16. 8.(f) Utility Services and Septic Systems Wires,lines,pipes,cables or other facilities providing electrical, gas,water, sewer, communications, or other utility services to or from the improvements permitted in this Easement may be installed,maintained,repaired,removed,relocated and ose sl d, and other Grantor may grant easements over and under the Property for such pureSeptic underground sanitary systems serving the improvements permitted herein may be installed, maintained,repaired or improved. All such services and systems shall serve only structures and improvements located on the Property and shall be compatible with the Purpose of this Easement, subordinate to the agricultural use of the Property and located in a manner that minimizes the impact to prime or statewide important soils. 8.(g). Alternative Energy Structures and Improvements 6 out of 16 1 Structures and improvements necessary to undertake alternative energy activities such as wind, solar, and other similar energy generation activities are permitted as further described below,provided they are compatible with the Purpose of this Easement, subordinate to the agricultural use of the Property,and located in a manner that minimizes the impact to prime or statewide important soils. Subject to the Impervious Surface coverage limitations set forth in Section 8(a)("Impervious Surfaces"), such structures and improvements, including roads and drainage ditches,may be built on the Property only with the permission of Grantee,which may be conditioned upon the posting of a bond. These structures and improvements are permitted only if the activity is limited and localized in impact affecting no more than two percent(2%) of the Property at one time. Prior to determining the location of a site for these structures and improvements on the Property,the Grantor shall notify the Grantee,the New York State Department of Agriculture and Markets,and the local Soil and Water Conservation District to give them an-opportunity to participate in an onsite meeting to review proposed locations. Grantor shall agree to comply with the New York State Department of Agriculture and Markets guidelines for agricultural mitigation for construction of such structures. 9. Maintenance and Improvement of Water Sources. Grantor may use,maintain,establish,construct, and improve water sources,water courses and water bodies within the Property for the uses permitted by this Easement,provided Grantor does not significantly impair or disturb the natural course of the surface water drainage on the Property. Notwithstanding the above,Grantor may alter the natural flow of water over the Property in order to improve drainage of,agricultural soils,reduce soil erosion and/or flooding,provide irrigation for the Property or improve the agricultural or forest management potential of the Property,provided such alteration is consistent with the Conservation Plan, Sound Agricultural Practices,the Purpose of this Easement and is carried out in accordance with applicable local, state and federal laws and regulations. 10.Water Rights. Grantor may use any appurtenant water rights sufficient to maintain the agricultural productivity of the Property in accordance with applicable local, state and federal laws and regulations. Grantor shall not transfer, encumber,lease,sell or otherwise sever such water rights from title to the Property itself. 11.Subdivision. The Property is not be further subdivided pursuant to Town Law Sections 265,276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law, except as provided herein. As required'by applicable law and subject to approval by the Planning Board of the Town of Southold, Grantor may only subdivide the Property provided that (1) each resulting parcel contains at least 10 acres of Viable Agricultural Land and (2) each such parcel is permanently protected with a perpetual conservation easement(whose purpose is equivalent to that stated herein in section 2). 7 out of 16 The right to construct Impervious Surfaces as set forth in Paragraph 8(a) shall be allocated at the time of a proposed subdivision. Such allocation of rights shall not result in greater than 10% of the - Property being covered by Impervious Surfaces. At the discretion of Grantee, a functionally and materially equivalent Easement may be recorded simultaneously with the filing of the subdivision map. Except as provided above,any other subdivision,recording of a subdivision plan,partition,or any other attempt to internally or externally divide the Property into two or more parcels is prohibited. 2' nterests in land do not constitute subdivisions for the purpose Mortgages, or other non-possessory i herein,provided such interests encompass the whole parcel. 12.Forest Management. or may clear forested areas for conversion to farmland, Without permission of Grantee, Grant harvest wood for use on the Propertyareas for wildlife habg or t and recreation, and removion of builngs en improvements,manage forested trees that are ; fallen, dead, diseased or invasive, so long as such activities are consistent with generally accepted ' forest best management practices. Without permission from Grantee, Grantor may commercially harvest timber and other wood ements and construct,maintain,,remove, and repair unpaved products, conduct timber stand improv access roads and"staging areas",those areas where logs are temporarily stored for transport necessary for such activities.All such activities shall be in accordance with generally-accepted forestry best management practices. Such commercial timber harvests and timber stand improvements shall be carried out in accordance with a forest management plan and harvest plan prepared by,a forester who is certified by the Society of American Foresters or such successor organization as is later created, a CooperatingConservation or aonsulting Forester with the New York ualifi d forester approved by Grantee.State Department of Environmental Con q In order to facilitate the monitoring and stewardship of this Easement, and ensure continuing communication between parties, Grantor shall give Grantee,its successors or assigns,written notice not less than forty-five(45)days prior to the anticipated commencement of any commercial timber harvest or timber stand improvement. Such written notice shall include submission of the current forest management plan and harvest plan. 13. Removal of Materials; Mining;Excavation The removal of topsoil, sand,gravel, or other material for exportation and/or sale shall be prohibited. Mineral exploitation,and extraction by any method,surface or subsurface,is prohibited. Soil may only be moved and/or removed in accordance with a Conservation Plan(Section 6),to promote required drainage activities,to construct and maintain permitted structures and improvements on the Property,and for agricultural uses. 14.Road Construction. 8 out of 16 i /bject to the Impervious Surface coverage limitations set forth in Section 8(a) ("Impervious Surfaces"), Grantor may construct roads necessary to provide access to, and parking for, permitted buildings or improvements, or to conduct other activities permitted by this Easement. Roads constructed on the Property shall be located in a,manner that minimizes impacts to the prime and statewide important soils. 15.Dumping and Trash. The dumping,land filling,burial, application, injection, or accumulation of any kind of garbage, trash or debris on the Property is prohibited,other than agriculturally-related waste or biodegradable material in accordance with Sound Agricultural Practices and any applicable State or = federal law or regulation. However,this shall not prevent the storage of agricultural products and byproducts,the storage of old farm equipment used for parts, and composting or re-use of for Agricultural Uses"), biodegradable materials as permitted in Section 5(a) ("Right to Use Property generated off the Property for non-commercial use on the Property, so long as they are used and stored in accordance with Sound Agricultural Practices.No biodegradable material used for composting,whether generated on the Property or imported to the Property, may be used for resale. Notwithstanding the foregoing,the storage and treatment of sewage associated with buildings permitted on the Property is permitted by this Easement. 16.Permission of Grantee. rantee's permission for a proposed action pursuant to the When Grantor is required to obtain G Easement, such permission shall be requested in writing. Grantee shall grant permission unless it determines that such action is 1)incompatible with the Purpose of this Easement or 2)not subordinate to the agricultural use of the Property. Such permission shall not be unreasonably withheld.Grantee shall respond with a decision in writing within forty-five(45)days of receipt of the Grantor's written request which shall include all relevant building plans identifying the use,footprint and total square footage of any proposed structures, and related survey information,if available.If mutually agreed upon by Grantee and Grantor,this timeline may be reasonably extended. Grantee shall not be liable for damages for any failure to grant permission to Grantor.The permission contemplated in this Paragraph is in addition to any other approvals that may be required by the Town Code of Southold (the"Town Code"). 17.Ongoing Responsibilities of Grantor and Grantee. Other than as specified herein,this Easement is not intended to impose any legal or other ay to affect any obligations of Grantor as owner of the Property, responsibility on Grantee,or in any w including,but not limited to,the following: 17.(a).Taxes Grantor shall be solely responsible for payment of all taxes and assessments levied against the Property. If the Grantor becomes delinquent in payment of taxes the Grantee, at its option, shall have the right to take such actions as may be necessary to protect the Grantee's interest in the Property and to assure the continued enforceability of this instrument and to recover all of its costs including reasonable attoorneny's fees. If,as a resulerest in the Propertyt of such actions,Grantee ever y s any taxes or assessments on GranGrantor will promptly reimburse Grantee 9 out of 16 /required ame. Upkeep and Maintenance shall be solely responsible for the upkeep and maintenance of the Property,to the extent by law and this Easement. Grantee shall have no obligation for the upkeep or ance of the Property. 17.(c). Liability and Indemnification Grantor agrees to indemnify and hold Grantee and the State of New York,Department of Agriculture end Markets harmless from any and all costs, claims or liability, including but not limited to reasonable attorneys fees arising from any personal injury, accidents,negligence or damage relating to the Property, or any claim thereof,unless due to the negligence of Grantee or its agents,in which case liability shall be apportioned accordingly. 18.Extinguishment of Development Rights. Except as otherwise reserved to the Grantor in this Easement, all non-agricultural development rights appurtenant to the Property are hereby released,terminated and extinguished,and may not be used on or transferred to any portion of the Property as it now or hereafter may be bounded or described,or to any other property adjacent or otherwise,or used for the purpose of calculating permissible lot yield of the Property or any other property. 19.Baseline Documentation. By its execution of this Easement, Grantee acknowledges that the present uses of, and related structures and improvements on the Property are permitted by this Easement. In order to evidence the present condition of the Property so as to facilitate future monitoring and enforcement of this Easement, a Baseline Documentation Report, including relevant maps and photographs, describing such condition at the date hereof, has been prepared and subscribed by both parties, and a copy thereof has been delivered to Grantor and a copy will be kept on file with Grantee. The Report may be used by Grantee to establish that a change in the use or character of the Property has occurred,but its existence shall not preclude the use by Grantee of other evidence to establish the condition of the Property as of the date of this Easement. 20.Right of Inspection. Grantee shall have the right to enter upon the Property with forty-eight(48)hours advance notice to Grantor for the purpose of inspecting for compliance with the terms of this Easement. Such inspection shall be conducted between the hours of 9 a.m. and 7 p.m. on a weekday that is not a legal holiday recognized by the State of New York or at a date and time agreeable to the Grantee and Grantor. In the instance of a violation or suspected violation of the terms of this Easement which has caused or threatens to cause irreparable harm to any of the agricultural or other resources this Easement is designed to protect,no such advance notice is required. Representatives of the New York State Department of Agriculture and Markets shall have the same right of inspection. 10 out of 16 . J Enforcement. If Grantee determines that a violation of this Easement has occurred, Grantee shall so notify Grantor, giving Grantor thirty(30)days to cure the violation. Notwithstanding the foregoing,where Grantee in Grantee's sole discretion determines that an ongoing or threatened violation could irreversibly diminish or impair the Purpose of this Easement,Grantee may bring an action to enjoin the violation, ex parte if necessary,through temporary or permanent injunction. In addition to injunctive relief, Grantee shall be entitled to seek the following remedies in the event of a violation: (a)money damages,including damages for the loss of the resources protected under the Purpose of this Easement; and(b)restoration of the Property to its condition existing prior to such violation. I Said remedies shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. In any case where a court finds that a violation has occurred, Grantor shall reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including, but not limited to,reasonable attorneys' fees. The failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee from doing so at a later time. In any case where a court finds no violation has occurred, each party shall bear its own costs. 22.Transfer of Easement. Grantee shall have the right to transfer this Easement to any private non-governmental organization or public agency that,at the time of transfer is a"public body" or"not-for-profit conservation organization"as defined by Article 49 of New York State Environmental Conservation Law or "qualified organization"under Section 170(h)of the Code,provided the transferee expressly agrees to assume the responsibility imposed on Grantee by this Easement. If Grantee ever ceases to exist or qualify under Article 49 of New York State Environmental Conservation Law and Section 170(h)of the,Code,a court of competent jurisdiction shall transfer this Easement to another qualified organization having similar purposes that agrees to assume the responsibilities imposed by this Easement." Grantor and the New York State Department of Agriculture and Markets must be notified in writing in advance of any such transfer. The Department of Agriculture and Markets must approve the choice of any new non-governmental organization or public agency designated as"Grantee"and shall not unreasonably withhold or delay such approval. 23.Transfer of Property. Any subsequent conveyance, including, without limitation,transfer, lease or mortgage of the Property, shall be subject to this Easement, and any deed or other instrument evidencing or effecting such conveyance shall contain language substantially as follows: "This conveyance,lease, mortgage, easement, etc. is subject to a Conservation Easement which runs with the land and which was granted to the Town of Southold, Suffolk County,New York by instrument dated July 30, 2013, and recorded in the office of the Clerk of Suffolk County at Liber Page " Grantor shall notify Grantee and the New York State Department of Agriculture and Markets in writing at least thirty(30)days before conveying the Property,or any part thereof or interest therein,to any third party. The failure to notify Grantee or New York State Department of Agriculture and Markets or to include said language in any deed or instrument shall not,however, affect the 11 out of 16 validity or applicability of this Easement to the Property or limit its enforceability in any way. 24.Alienation No property rights acquired by Grantee hereunder shall be alienated except upon notice to the New York State Department of Agriculture and Markets and pursuant to the provisions of Chapter 70 of the Town Code, or any successor chapter,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 these property rights or interests which were acquired by the Town prior to any such amendment. In the event of any such alienation as provided in this Section 24,Section 27("Proceeds")of this Easement shall apply to such alienation. 25.Amendment of Easement. This Easement may be amended only with the written consent of Grantee and current Grantor and with the approval of the New York State Department of Agriculture and Markets.Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Environmental Conservation Law or any regulations promulgated thereunder, and shall not unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-AA of the Agriculture and Markets Law or such successor law as enacted or amended. Any such amendment to this Easement shall be duly recorded. 26.Extinguishment of Easement. At the mutual request of Grantor, Grantee,and the New York State Department of Agriculture and Markets, a court with jurisdiction may,if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 2("Purpose"),extinguish or modify this Easement in accordance with applicable law. In that case,the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. Notwithstanding the foregoing,if condemnation by exercise of the power of eminent domain,make impossible the continued use of the Property for the Purpose of this Easement as described in Section 2 ("Purpose") herein,the,restrictions may be extinguished by judicial proceeding. In either case,upon any subsequent sale, exchange or involuntary conversion by the Grantor, Grantee shall be entitled to a portion of the proceeds from any subsequent sale or other disposition of the Property,or title insurance proceeds, in accordance with Section 27 ("Proceeds")herein. In the event that Grantor retains the Property subsequent to any such extinguishment or partial extinguishment, Grantee shall be entitled to receive from Grantor an amount equal to the fair market value of the Property or a portion of the Property as to which the extinguishment applies times the percentage determined under Section 27. 27.Proceeds. The grant of this Easement gives rise to a property right,immediately vested in Grantee,which,for 12 out of 16 /- hereof, of calculating value in the event of any such extinguishment or partial extinguishment, or proceeds from a sale or other disposition of the Property as contemplated under Section nation")or Section 26("Extinguishment of Easement"),shall have a value equal to,a e of the value of the Property unencumbered by this Easement(the "Proportionate Share"). rtionate Share is determined by dividing the value of this Easement,calculated as of the date the unencumbered value of the Property,also calculated as of the date hereof. The Proportionate Share is 76%. The Proportionate Share shall remain constant(subject to reasonable adjustment to the extent permissible under Section 170(h)of the Internal Revenue Code for any improvements which may hereafter be made on the Property). With regard to the portion of such Proportionate Share equal to that paid using State Farmland Protection Program Grant funds, Grantees agree to use such portion in a manner consistent with the primary Purpose of this Easement;to enable land to remain in active agricultural and forestry use. Prior to such re-use, Grantee must notify the New York State Department of Agriculture and Markets 28. Interpretation. This Easement shall be interpreted under the laws of the State of New York,or federal law,as appropriate. Any general rule of construction to the contrary notwithstanding,this Easement shall be liberally construed to affect the Purpose of this Easement. If any provision in this Easement is found to be ambiguous,an interpretation consistent with the Purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. 29. Successors. Every provision of this Easement that applies to Grantor or Grantee shall also apply to their respective agents,heirs, executors,administrators,assigns, and other successors in interest,and shall continue as a servitude running in perpetuity with the Property. 30.Severability. Invalidity of any of the covenants,terms or conditions of this Easement, or any part thereof,by court order or judgment shall in no way affect the validity of any of the other provisions hereof which shall remain in full force and effect. 31.Notices. Any notice required or desired to be given under this Easement shall be in writing and shall be sent (i)by personal delivery, (ii)via registered or certified mail,return receipt requested, or(iii)via Federal Express or other private courier of national reputation providing written evidence of delivery. Notice shall be deemed given upon receipt in the case of personal delivery, and three(3) business days after same is delivered to a post,office or deposited in an official depository under the exclusive care and custody of the United States Postal Service. All notices shall be properly addressed as follows: (a)if to Grantee, at the address set forth above; (b) if to Grantor, at the ,address set forth above; (c) if to any subsequent owner, at the address of the Property; or(d)if to New York State Department of Agriculture and Markets, l OB Airline Drive,Albany,New York 12235.Any party can change the address to which notices are to be sent to him,her or it by duly giving notice pursuant to this Section. 13 out of 16 /32. or covenants and represents that the Grantor is the sole owner and is seized of the n fee simple and has good right to grant and convey the aforesaid Easement; that the s free and clear of-any and all mortgages not subordinated to this Easement, and that the Grantee shall have the use of and enjoyment of the benefits derived from and existing out of the aforesaid Easement. 33.Subsequent Liens on Property. No provisions of this Easement should be construed as impairing the ability of Grantor to use this Property, or a portion thereof encompassing entire separately deeded parcels,as collateral for a subsequent borrowing.Any subsequent liens on the Property must be subordinate to this Easement. 34.Subsequent Encumbrances. The grant of any easements or use restrictions is prohibited,except with the permission of Grantee. Any future encumbrances shall be consistent with the primary Purpose of this Easement and shall not unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-AA of the Agriculture and Markets Law. 35. Grantor's Environmental Warranty. Grantor warrants that it has no actual knowledge of a release or threatened release of hazardous substances or wastes on the Property,as such substances and wastes are defined by applicable law, and hereby promises to hold harmless,defend,and indemnify Grantee and New York State Department of Agriculture and Markets against and from, any and all loss,cost,claim(without regard to its merit),liability or expense(including reasonable attorneys'fees)arising from or with respect to any release of hazardous waste or violation of environmental laws. If at any time after the effective date of this Easement there occurs a release in, on, or about the property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law,regulation, or requirement as hazardous,toxic, polluting,or otherwise contaminating to the air,water, or soil, or in any way harmful or threatening to human health or the environment, Grantor agrees to take all steps that may be required under federal, state, or local law necessaryto assure its containment and remediation, including any cleanup. Nothing in this Easement shall be construed as giving rise to any right or ability in Grantee, or the New York State Department of Agriculture and Markets to exercise physical or management control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator or arranger with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended("CERCLA") or any corresponding state and local statute or ordinance. 36.Duration of Easement. Except as expressly otherwise provided herein,this Easement shall be of perpetual duration,and no merger of title,estate or interest shall be deemed effected by any previous,contemporaneous,or 14 out of 16 subsequent deed,grant, or assignment of an interest or estate in the Property,or any portion thereof,to Grantee,it being the express intent of the parties that this Easement not be extinguished by,or merged into, any other interest or estate in the Property now or hereafter held by Grantee. 37.Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions,negotiations,understandings and agreements relating to the Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with Section 25 ("Amendment of Easement"). 38.Waiver. No waiver by Grantee of any default,or breach hereunder,whether intentional or not,shall be deemed to extend to any prior or subsequent default or breach hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. No waiver shall be binding unless executed in writing by Grantee. 39. Binding Effect. The provisions of this Easement shall run with the Property in perpetuity and shall bind and be enforceable against,the Grantor and all future owners and any party entitled to possess or use the Property or any portion thereof while such party is the owner or entitled to possession or use thereof. Notwithstanding the foregoing,upon any transfer of title, the transferor shall, with respect to the Property transferred cease being a Grantor or owner with respect to such Property for purposes of this Easement and shall, with respect to the Property transferred, have no further responsibility, rights or liability hereunder for acts done or conditions arising thereafter on or with respect to such Property, but the transferor shall remain liable for earlier acts and conditions done or occurring during the period of his or her ownership or conduct. 40. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. IN WITNESS WHEREOF,Grantor and Grantee,intending to be legally bound hereby,have hereunto set their hands on the date first above written. TOO NORT , C sr Grantor: rnmIte By: Eric D. iel ,Managing Member TOWN OF SO HOLD Grantee:.By: SCMT A. RUSSELL, Supervisor 15 out of 16 r /On York0~ ),ss: day of July in the year 2013 before me,the undersigned,personally appeared Eric D.Keil, own 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. AA'e� f ,Ave -' Signature/office of individual taking acknowledgement PATRICIA L.FALLON ) Notary Public,State Of NewYorK State o New York f No. olFA4950146 unty r� County of ��°�'� ),ss: Commiss Commission Expires April n SutfOlk 002, ou On the c5d day of July in the year 2013 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 i (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. -&�- kJ, v Signature/office of individual taking acknowledgement PATRICIA L. FALLON Notary Public,state Of New York No. o1 FA4950146 Clualified In Suffolk 2, Commission Exp r Apr 1 16 out of 16 SCHEDULE A j1?evelopment Rights Easement Area - ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, Suffolk County, New York,bounded and described as follows: BEGINNING at a concrete monument on the Northerly side of Main Road,N.Y.S. Route 25, at the Southwesterly corner of the premises herein described and the southeasterly corner of land now or formerly of Ruland; said monument being also distant easterly a tie distance of 1185 feet more or less,from the corner formed by the intersection of,the easterly side of Mill Lane and the northerly side of Main Road; RUNNING THENCE North 18 degrees 34 minutes 22 seconds West,490.66 feet to the true point or place of beginning; RUNNING THENCE South 87 degrees 36 minutes 20 seconds East 455.41 feet to land now or formerly of Sidor; RUNNING THENCE North 20 degrees 20 minutes 35 seconds West along said land now or formerly of Sidor,2,116.75 feet to a monument and the southerly line of Long Island Railroad(MTA); RUNNING THENCE South 61 degrees 06 minutes 38 seconds West along said southerly line of the Long Island Railroad (MTA),365.77 feet to land now or formerly of Ruland first mentioned above; RUNNING THENCE South 18 degrees 34 minutes 22 seconds East along said land now or formerly of Ruland, 1,887.27 feet to the point or place of BEGINNING. SURVEY OF lR DEVELOPMENT RIGHTS EASEMENT AREA MAARATOOKA NORTH, LLC SITUATE �,,,�• - MATTITUCK 5U8JECT TOWN OF SOUTHOLD PREMISES SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-115-02-06 SCALE 1•'=100• JUNE 5, 2013 00EVELOPCUENT RIGHTS EASEMENT AREA = 78K,104 aq It/is 000 ac. # i OPEN OEVELOPEMENT AREA = 196,010 aq II/a 500 0 TOTAL LOT ARCA = 9BO.124 aq. It/22.500 ce F�I d KEY MAP CERTIFIED rD. MAARATOOKA NORTH LLC b SCALE I"=1000' TowN or NATIONSOUTHAL LO FIDELITY YSAG NATIONAL TIT LC INSURANCE COMPANY NYS AGRICULTURE h MARKETS N 0. 7 z 6 Na`� n� 3 x 171 w OCVELOPYCNi FIGHTS GSCMEHT AREA °,*w • I" [YYJ[C,,D of TNC TOWN a1 WIN=7O410..o.11.n 1". ac) x 6 tj V 1.L-J W ro w 00 N - -- 3 BJ Js'-]D'C SS I i--- \\ OPCN OCVCIOPNCNI AREA ubom w K N , 5 r' k �e ���n+.i "mo:°n•+ ° o out wni°.4 N 87.36'20" W s M 0 3 93 I5' L;. N• awa, w.aco wcurw a+vara+ � in uo -� athan Taft Corwin III 1K•w K ,[.11[J=� N 67.36'20" w 3zz.)) Land Surveyor o ;^roam MAIN ROAD NYS RT 25 Ja..er� Jv.a•v u. N4 3--SW6r,.n..- Sn•1'imc.- Caul"N1.0 Lo1ou1 '�'m"•nra� oNc fogJn-Taco m.(av)on-lar c i+::c:o+w.wu.[ mrn lornm n •cwc.mnrss w�%ou'ns`[uciii or°vi�iw'v Nin uee Iww,a.oa NPa,Do.1[ ..r..a,sraWx•vc.o+ . ao ..n.N..•s n[n Jom..oa1,Nn••n nau - r g X12,1, "`° RESOLUTION 2013-550 Q� ADOPTED DOC ID: 8968 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2013-550 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 16,2013: WHEREAS, the Planning Board for the Town of Southold has issued Sketch Plat approval for a conservation subdivision on June 4, 2013,pursuant to Section 240-26(A) of the Town Code, thereby completing the required first step for an application to the Town Board for an Open Development Area; and WHEREAS, the Town Board has received a petition from Maaratooka North, LLC to establish an open development area pursuant to Chapter 240 of the Town Code; now,therefore, be it RESOLVED that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold hereby- accepts erebyaccents the petition of Maaratooka North, LLC to establish an open development area as complete, and hereby sets July 30,2013 at 7:31 p.m., Southold Town Hall,53095 Main Road, Southold,New York,as the time and place for a public hearing for the establishment_ of an open development area on property owned by Maaratooka North, LLC, said property is identified as part of SCTM#1000-115-2-6, with an address at 17405 Route 25, Mattituck. The property is located in the A-C Zoning District and is on the north side of NYS Route 25, approximately 1,185 feet east of Mill Lane, Mattituck,New York. The proposed open development area is located on 4.5 acres of a 22.5 acre parcel. This Project is eligible for partial funding from an awarded grant from the NYS Department of Agriculture and Markets and as such,the NYS Department of Agriculture and Markets has conditioned the grant funding to restrict the future subdivision of the Open Development Area to one additional lot not to exceed one acre in area. The development rights of the remaining 18 acres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold,New York, and may be examined by any interested person during business hours. 4�aS402?� Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER:Louisa P. Evans,Justice AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 't LEGAL NOTICE NOTICE of PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code,the Town Board of the Town of Southold accepted the petition of Maaratooka North, LLC to establish an open development area as complete, and has set July 30,2013 at 7:31 p.m., Southold Town Hall, 53095 Main Road, Southold,New York, as the time and place for a public hearing for the establishment of anIopen development area on property owned by Maaratooka North,LLC, said property is identified as part of SCTM#1000-115-2- 6, with an address at 17405 Route 25, Mattituck. The property is located in the A-C Zoning District and is on the north side of NYS Route 25, approximately 1,185 feet east of Mill Lane, Mattituck,New York. The proposed open development area is located on 4.5 acres of a 22.5 acre parcel. This Project is eligible for partial funding from an awarded grant from the NYS Department of Agriculture and Markets and as such, the NYS Department of Agriculture and Markets has conditioned the grant funding to restrict the future subdivision of the Open Development Area to one additional lot not to exceed one acre in area: The development rights of the remaining 18 acres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. NOTICE IS HEREBY FURTHER GIVEN that a more detailed description of the above-mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold,New York, and may be examined by any interested person during business hours. Dated: July 16, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A.Neville Town Clerk Please publish on JULY 25, 2013 and forward one (1) affidavit of publication to Elizabeth A.Neville, P O Box 1179, Southold NY 11971 Copies to the following: Suffolk Times Town Board Members Town Attorney TC Bulletin Bd Web Site Planning DECEkvE JUL 2 2ZO13 Southold Town Planning Board I LAD COUNTY OF SUFFOLK RECEIVED A5 JUL 2 2 201 Steven Bellone SUFFOLK COUNTY EXECUTIVE Soythold Town Clerk, Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment July 15,2`013 MD CCC7--um� Town of SoutholdJ U L 2 2 2013 P.O.Box 1179 54375 State Route 25 Soulholei To;n11 Southold,NY 11971 Planning Board Attn: Alyxandra Sabatino' " SEQRA'Lead Agency Coordination Re: Maaratooka North,LLC Open Development Area S.C.T.M.No.:, 1000 11500 0200 006000 J S.C.P.C. No.: SD-13-SEQRA Dear Ms. Sabatino: Your notification for SEQR Coordination was received by our'agency on June 7,2013. Please be advised that our agency,the Suffolk County Planning Commission,has no objection to the Town of Southold assuming Lead Agency.status for the above referenced. The proposed subdivision should be designed with the guidelines of the Suffolk County Planning Commission in mind. Our guidelines can be found at the Suffolk County Planning Commission website. Please do not hesitate to'contact this office should you desire to review,fhe proposed subdivision with the department. The Suffolk County Planning Commission reserves the right to comment on this proposed action in the future and wants to be kept informed of all.actions taken pursuant to SEQRA'and to be provided with copies of all 'EAF's,DEIS'S and FEIS's,etc.,Please note that pursuanttoNew York State General Municipal Law section 239 and Article XIV of the Suffolk County Administrative Code,prior to final approval,this action should be referred to the Suffolk'County Planning Commission for review. Comment: All prospective owners of land proposed for development adjacent to an active farm, or within 500 feet of a farm enrolled in a NYS Agricultural District,should be informed by means of an advisory covenant and a note on the development map,of the location of the active farmland and that occupants may be subject to the noise, odors and spraying applications normally associated with agricultural activities. H.LEE DENNISON BLDG ■ 100,VETERANS MEMORIAL HWY,4th FI■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 (631)853-5191 Potential Issues: The proposed 18 acre lot appears to be land=locked. Legal 'road front access should be reflected in the final version of the plan. Sincerely, Andrew P.Freleng' 'Chief Planner APF:cd H LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI ■ P.O.BOX 6100 HAUPPAUGE,NY 11788-0099 ■ (631)853-5191- MAILING ADDRESS: PLANNING BOARD MEMBERS a` P.O.Box 1179 DONALD J.WILCENSKI O``�QF SUUryOI Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III (cor.Main Rd.&Youngs Ave.) MARTIN H.SIDOR �ly`OU '� Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Memorandum To: Elizabeth A.Neville, Town Clerk From: Donald J. Wilcenski, Chairman Re: Petition Request for Open Development Area of Maaratooka North, LLC 17405 17405 NYS Route 25, on the north side of NYS Rt. 25, approximately 1185' east of Mill Lane, Mattituck,NY SCTM#1000-115-2-6 Date: July 3, 2013 Attached please find a copy of the June 4, 2013 Planning Board Resolution granting Sketch Approval on the Sketch Plat prepared by Nathan Taft Corwin III, Land Surveyor, dated June 20, 2010 and last revised November 5, 2012, for the proposed Conservation Subdivision of Maaratooka North, LLC. 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 18 acres exists and is on file with the Town of Southold Land Preservation Department. I Maaratooka North, LLC Page Two July 3, 2013 The Planning Board recommends that the Town Board consider that their approval to create an Open Development Area for Maaratooka North, LLC 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. i �• MAILING ADDRESS: PLANNING BOARD MEMBERSP.O.Box 1179 DONALD J.WILCENSKI O�`"`O SOUr�OI Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G • Q 54375 State Route 25 JAMES H.RICH III �� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR `,nit Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 4, 2013 Daniel C. Ross, Esq. P.O. Box 146 Mattituck, NY 11952 Re: Sketch Plan Approval - Proposed Open Development Area Maaratooka North Located at 17405 Route 25, Mattituck SCTM#1000-115-2-6 Zoning District: A-C Dear Mr. Ross: The Southold Town Planning Board, at a meeting held on Monday, June 3, 2013, adopted the following resolution: WHEREAS, this proposed Open Development Area (ODA) will create a development area of 4.5 acres in a 22.5-acre parcel with the future potential to be subdivided into a maximum of 3 residential lots and one 18-acre protected farmland parcel in the A-C Zoning District; and WHEREAS, the New York State Department of Agriculture and Markets is partially funding the Town of Southold's purchase of Development Rights Easement on the Filed Miscellaneous Map through grant Contract No. C800753; and WHEREAS, the New York State Department of Agriculture and Markets has conditioned the grant funding to restrict the future subdivision of the Open Development Area to one lot not to exceed one acre in area; and WHEREAS, there shall be no subdivision of the property except for one lot that shall be located in the Open Development Area. The lot shall not be greater than one acre and the design of the lot shall be subject to a formal subdivision approval of the Southold Town Planning Board; and WHEREAS, fee title ownership of the portion of the Open Development Area that is not included in the permitted lot, shall not be separated from the Easement Area. The Maaratooka North, LLC Page Two June 4, 2013 portion of the Open Development Area that is not included in the permitted lot shall retain the right of two permitted or special exception uses, so long as those uses do not require further subdivision and subject to any additional Town approval required by Chapter 280 of the Town Code; and WHEREAS, on December 3, 2010, the agent submitted a Sketch Plan Application along With other required material for submission pursuant to §Article V Sketch Plat Review; and WHEREAS, on January 3, 2011, the agent submitted a required Sketch Plan Fee in the amount of$500.00; and WHEREAS, on January 10, 2011, the Southold Town Planning Board reviewed and accepted the above-referenced application and asked for clarifications to be made regarding the reserved area note; and WHEREAS, on June 29, 2011, the Southold Town Planning Board reviewed the application at their Work Session and requested changes to the map; and WHEREAS, on October 11, 2012, the agent submitted a revised copy of the map with the changes requested; and WHEREAS, on November 15, 2012, the agent submitted correspondence regarding additional restrictions required by New York State and an unexecuted proposed deed containing NYS required restrictions; and WHEREAS, on November 19, 2012, the public hearing was held and closed; and WHEREAS, on December 3, 2012, the Planning Board reviewed the Draft Covenants and Restrictions and the revised maps; and WHEREAS, on December 19, 2012, the agent submitted three copies of the map with the requested changes; and WHEREAS, on May 31, 2013, the agent submitted a copy of the Covenants and Restrictions filed with the Office of the County Clerk, Liber D00012731 and Page 519; and WHEREAS, the submitted application meets all the requirements for Sketch Approval pursuant to Article V Sketch Plat Review; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Sketch Plan Approval upon-the map entitled "Maaratooka North, LLC Open Development Area", dated June 20, 2010 and last revised November 5, 2012, prepared by Nathan Taft Corwin, III, Land Surveyor. Maaratooka North, LLC Page Three June 4, 2013 Note that specifics regarding map changes, content of the Covenants and Restrictions, other legal documents and submission requirements needed for subdivision approval will be provided to the applicant by the Planning Board upon completion of the Environmental Review and receipt of comments from other involved agencies. The applicant is advised that lot design changes may be required prior to Final Plat Approval. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J. Wilcenski Chairman cc: Town Board Melissa Spiro, Land Preservation Coordinator Southold Town Planning Board Work Session - July 1, 2013 - Page Two - - ---- - - -- --- --------------- -- - - --- - -- -- - Project name: y'Maara_tooka North, LLC SCTM#: F 1000-115-2-6 i - - -- ---- --- ------------- --- - --- ----- -- - -------- ---- - --- ---- Location: ; 17405 NYS Route 25, Mattituck --------- - -- --- - -- ---- ----- - - ---- ------- - - --- - - - - - - - --- - Description: This proposed Open Development Area (ODA) will create a development; area of 4.5 acres in a 22.5-acre parcel with the future potential to be subdivided into a maximum of 3 residential lots and one 18-acre protected farmland parcel in the A-C Zoning District. - - - - ---- ect - - -land- - - - ---- - - -- - --- - -• Status: Pending _ Action: Review Planning Board comments to Town Board. -- ------- -- -------- - ------------- - - --- ---- --- - - --- ----------- - ---- - - -- -- --- ------------- --- - - Attachments: Draft Comments - -- - - - --- - - - - Project name: Tidy Car SCTM#: 1000-55-5-2.2 , Location: ; 3585 Youngs.Avenue, on the s/w/c/o CR 48 and Youngs Ave., Southold Description: This amended site plan is for the applicant to conduct motor vehicle and accessory sales on a previously developed 1.49-acre parcel located in the General Business Zoning_District. - ------- ------ - - -- --- -- ---- ---- -------- - ----- -- Status: ' Pending ------------------------------ ------ -- - - --- - - - --- - -- ---- -------------------- -- - Action: Review submitted materials. -------------------------- ----------- ----- -- ---- - ---- - - - -- ----- - - - - --- - ----- --- - -- ----- --- - -- Attachments: Staff Report Project name: 67 Steps Vineyard (JEMCO) SCTM#: ; 1000-35-1-24 Location: 825 Main Road, Greenport --------- --- ----- -- --- Description: This site plan is for construction of a retail winery. Status_ __ Approved Site Plan Action: ; Review materials submitted from Final Site Inspection comments. --- ---------- - ---- -- - ------ - -------- --- ---- -- - i Attachments: ; Staff Report I Pro'ect name: ! Cornell, Clifford SCTM#: 1000-63-1-1.5 Location: ; 2325 Horton Lane, Southold ; Description: ' This site plan is for a proposed 42' x 60' metal building for agricultural/farm storage to include tractors, plows, loaders and hops on an 8.5-acre parcel in the R-80 Zoning District, Hortons Lane. Status: Approved Site Plan ; Action: Review comments from Final Site Inspection. Attachments: Staff Report Discussion: ❖ Pre-submission Conference: Henry Mazzoni, proposed Standard Subdivision, SCTM#1000-13-2-8.2 ❖ Review request from ZBA for comments from Planning Board re: Ratso Construction, SCTM#1000-52-5-58.2 ❖ Discussion re: new liquor license request- Pace's Dockside, Inc., 2255 Wickham Ave., Mattituck (Strong's Marine, building owner) ❖ Discussion re: Local Law in relation to Amendments to Chapter 205, Public Entertainment & Special Events f WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, June 17, 2013 4:00 p.m. Southold Town Meeting Hall 4:00 p.m. Litigation related to NOCRO & Heritage at Cutchogue Applications: - - - -------- ---------- - - ------------- - --- --------- ----- -- - - --- - - ----- ----- ------ --- - - -- Project name:_ Koehler Family Ltd. Partnership , SCTM#: , 1000-115-10-1 i Location: 4180 New Suffolk Avenue, Mattituck Description: This proposal is to subdivide a standard subdivision into seven lots where Lot 1 equals 36,317 sq. ft; Lot 2 equals 41,746 sq. ft.; Lot 3 equals 64,148 sq. ft.; Lot 4 equals 31,000 sq. ft.; Lot 5 equals 32,056 sq. E ft.; Lot 6 equals 32,881 sq. ft.; Lot 7 equals 32,945 sq. ft.; and the Open Space equals 379,814 sq_ ft. located in the R-80 Zoning District. Status: Pending_ _ Action: Review revised map. Attachments: Staff Report ------ -- - ---- - --- -- ------------------------- -------- -- -------------------- --- - --------- ------- Project name: Peconic Land Trust/OysterpondsSCTM#: 1000-31-5-6 I Historical Society —_ Location: ' 12395 Main Road, East Marion Description: This proposal is for a standard subdivision of a 7.2 acre parcel into two lots where Lot 1 = 3 ac. to be preserved entirely as open space and Lot 21 = 4.2 acres including a 1.6 ac. historic preservation/accessory structure area and 2.6 acres of preserved open space in the R-80 Zoning District. -- ---- ----- - - - -- - ------------- - -------------- - ----- ----------- - Status_-- -- Pending Action: Review comments from LWRP Coordinator. Attachments: Staff Report— Project name: ; Maaratooka North, LLC SCTM#: 1000-115-2-6 Location: 17405 NYS Route 25, Mattituck Description: ; This proposed Open Development Area (ODA) will create a development; area of 4.5 acres in a 22.5-acre parcel with the future potential to be subdivided into a maximum of 3 residential lots and one 18-acre protected farmland parcel in the A-C Zoning_District. -- ---------- ---- ---- - --- - ---- -- --- ---- Status: Sketch Approval _ - - --- - -- ----- - ------ ---- --- -------- - - -------------- - - ---- ------------- Action: Review comments to Town Board. Attachments: Staff Report P� ,RT Kee. _.n & Keegan., Ross & .-_.,osner, LLP ATTORNEYS AT LAW j� Thomas J.Keegan Jr. 315 Westphalia Avenue Phone»631.298.1200 e Daniel C.Ross Post Office Box 146 Fax 631.298.4427 Jamie G. Rosner Mattituck, New York 11952 Web»www.keeganlaw.us Thomas 1.Keegan(1929-2003) June 13, 2013 By Hand RECEIVED a: Southold Town Board Att: Elizabeth A. Neville, Town Clerk JUN 13 20 3 t 53095 Main Rd P.O. Box 1179 Southold,NY 11971 outhoid Town t erg, Re: Application for Open Development Area by M • at--o a h—T� Premises: 17405 Route 25, Mattituck,NY SCTM#: 1000/115/02/006 ' JUN 2 1201 Dear Ms.Neville: Southold Town Planning Board Please consider this correspondence an Application to the Town Board or an Open Development Area pursuant to NYS Town Law section 265-a and Southold Town Code section 240-26. In accordance with Town Code section 240-28,please find: 1. Application (this letter)with Marratooka North, LLC's Authorization; 2. Three mylars and 12 paper copies of the map;V` 3. Copy of fully signed contract,dated October 8,2009,,between Marratooka North, LLC and the Town of Southold (also forwarded with this correspondence by e-mail),- 4. -mail);4. Proposed Deed of Conservation Easement,dated April 17, 2013 (also forwarded with this correspondence by e-mail). U� Please advise what fees are required and any other information that is needed. Do not hesitate to contact me at DROSS@keeganlaw.us. Thank you for your attention to this matter. ADaniel o rs, Ross cc: Melissa Spiro <Melissa.Spiro@town.southold.ny.us> Lisa Kombrink,Esq. <lkombrink@suffolklaw.com> Alyxandra K. Sabatino, <alyxandra.sabatino@town.southold.ny.us> L/Real/alcl/Keil-TownDR/ODA AppTwnbrd-Ltr-i Western Suffolk Office n Patchogue, New York 5 � f - � AUTHORIZATION LETTER r 1,Eric Keil,Managing Member of Maaratooka North,LLC,hereby authorize Daniel C.Ross,Esq. of Keegan&Keegan,Ross &Rosner,LLP,to act as my agent on the property of SCTM#1000-115.-2-6 in Mattituck,NY and handle all necessary work involved in the subdivision process with the Southold Planning Board. Man1Eric: g M • e er of Maaratooka'North,LLC By. Ke anaging Member S o ay o 2010 ublic DANIEL C.ROSS Notary Public.State of New York No.4S0717S QualMed In Suffolk Coun Commission Expires Aug.31, OFFICE LOCATION: MELISSA A.SPIRO {t3tt'" Town Hall Annex LAND PRESERVATION COORDINATOR if �' 6"?� 54375 State Route 25 melissa.spiro@town.southold-3iy.us (comer of Main Road&Youngs Avenue) �s Southold,New York Telephone(631)765-5711RZ + x� 1=acsimiie(631)765-6640 MAILING ADDRESS: P.O-Box 1179 - .� Southold.NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD October 9,2009 ' Daniel C.Ross,Esq. Keegan&Keegan,Ross&Rosner,LLP 315 Westphalia Avenue P.O.Box 146 Mattituck,NY 11952 Re: MARRATOOKA NORTH.LLC to TOWN OF SQUTH OLD Part of SCTM #1000-115.-2-6 ±17.5 acre development rights easement Premises: 17405 NYS Route 25,Mattituck Dear Mr.Ross: On Tuesday,October 6,2009,a public hearing was held in Southold Town Hall regarding the Town's purchase of a±17.5 acre development rights easement on property owned by your client,Marratooka North,LLC. I have enclosed the following resolutions adopted that evening regarding this matter: • Resolution No.2009-836-SEQRA negative declaration Resolution No.2009-837-elect to purchase I have also enclosed your copy of the Development Rights Purchase and Sale Agreement dated October 8,2009,that was signed by Scott A.Russell,Town Supervisor,and is now fully executed by all parties. No title search or environmental site inspection will be ordered until such time as your client makes an application to the Planning Board for an ODA and the Planning review process has begun. If you should have any questions,please do not hesitate to call. Very truly yours, Melanie Doroski Sr.Administrative Assistant enclosures cc: Lisa Clare Kombrink,Esq.w/encs. RESOLUTION 2009-836 ADOPTED DOC ID: 5325 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2009-836 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 6,2009: WHEREAS,the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by Marratooka North, LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM#1000-115.-2- 6. 1000-115:2- 6.The address is 17405 NYS Route 25. The property is located in the A-C zoning district and is on the northerly side of NYS Route 25,approximately 550 feet east from the intersection of NYS Route 25 and Marratooka Lane in Mattituek, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 17.51 acres (subject to survey) of the 22.501 acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $67,000(sixty-seven thousand dollars) per buildable acre plus acquisition costs;now,therefore,be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations;be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form ,prepared for this project is accepted and attached hereto; and,be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED (UNANIMOUSI MOVER: Albert Krupski Jr., Councilman SECONDER:Louisa P. Evans,Justice AYES: Ruland, Orlando, Krupski Jr.,Wickham,Evans,Russell •Q (r i RESOLUTION 2009-837 + ' .ADOPTED DOC ID: 5326 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2009-837 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 6,2009: WHEREAS,the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Marratooka North,LLC on the 6"'day of October,2009,pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code,at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-115.-2-6. The address is 17405 NYS Route 25. The property is located in the A-C zoning district and is on the northerly side of NYS Route 25, approximately 550 feet east from the intersection of NYS Route 25 and Marratooka Lane in Mattituck,New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 17.5± acres (subject to survey) of the 22.50± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the purchase price for the easement is$67,000 (sixty-seven thousand dollars)per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds.This project is eligible for partial funding from an awarded grant from the NYS Department of Agriculture and Markets; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge values;and WHEREAS,the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation)of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement;and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now,therefore,be it Resolution 2009-837 Board Meeting of October 6,2009 RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Marratooka North, LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70(Agricultural Lands Preservation)of the Code of the Town of Southold. Said property is identified as part of SCTM#1000-115.-2-6. The address is 17405 NYS Route 25.The property is located in the A-C zoning district and is on the northerly side of NYS Route 25,approximately 550 feet east from the intersection of NYS Route 25 and Marratooka Lane in Mattituck,New York.The development rights easement comprises a part of the property consisting of approximately 17..5± acres(subject to survey) of the 22.50±acre parcel.The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner.The purchase price for the easement is$67,000(sixty-seven thousand dollars)per buildable acre plus acquisition costs.The easement will be acquired using Community Preservation Funds.Town funding for this purchase is in conformance with the provisions of Chapter 17(Community Preservation Fund) and Chapter 70(Agricultural Lands Preservation)of the Town Code of the Town of Southold. This project is eligible for partial funding from an awarded grant from the NYS Department of Agriculture and Markets.The proposed action has been reviewed pursuant to Chapter 268(Waterfront Consistency Review)of the Town Code and the Local Waterfront Revitalization Program(LWRP)and the Town Board has determined that this action is consistent with the LWRP_ Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER:Vincent Orlando, Councilman AYES: Ruland,Orlando,Krupski Jr.,Wickham, Evans,Russell Updated: 10/6/2009 3:48 PM by Lynda Rudder Page 2 March 2,2009-THIS IS THE DRAFT OF 3/2/09 WITH THE CHANGES IN BOLD-dcr. DEVELOPMENT RIGHTS PURCHASE AND SALE AGREEMENT > between MARRATOOKA NORTH, LLC and TOWN OF SOUTHOLD R THIS AGREEMENT, made the day of Oc t-Ailf,2009, between MARRATOOKA NORTH, LLC, 30 East Gate Drive, Huntington, NY 11743, (hereinafter referred to as the"Seller's and the TOWN OF SOUT•HOLD, a ; municipal corporation of the State of New York having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (hereinafter referred to as the"Purchaser"). ' WITNESSETH : ! ; 1. DESCRIPTION. The Seller agrees to sell and convey, and the e Purchaser agrees to purchase the Development Rights, as hereinafter • defined, in PART OF that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk, and State of New York(the"Property" or the "Premises"), known as 17405 Route 25, Mattituck and designated as p/o SCTM #1000-115-2-6. The area and .l dimensions of the Property are subject to such changes and modifications F y y • E I • }I 1'C consistent with the area and dimensions as shown on a survey (see 18 herein). The parties acknowledge that the total area of the property is 22.50 acres, that the Town will purchase a ±17.50 acre development rights easement, that Seller will retain a reserve area of five (5) acres, (the "Reserve Area'j around the existing residential and agricultural structures, and that Seller intends to apply for an Open Development Area ("ODA"} subdivision within the Reserve Area. 2. DEVELOPMENT RIGHTS DEFINED. "Development Rights"as the term is used in this Agreement shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for anything other than agricultural production as that term is referenced in §247 of the General I Municipal Law and/or defined in Chapter 70 of the Town Code of the Town Iff i � of Southold (the "Town Code"or"Code') and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-0) of the New York State Agriculture and Markets Law, now, or as these may i be amended. The Development Rights to be acquired by the Purchaser and the rights of the Seller will be further defined and set forth in a draft Grant of Development Rights Easement, to be provided. The power and r purpose of the Purchaser is limited to acquiring the Development Rights in l lands presently used for agricultural production. Notwithstanding the above, no future restriction or limitation in the definition "crops, livestock i i and livestock products" shall preclude a use which is permitted under the 1 k current law and/or code. 3. PUBLIC HEARING REQUIRED. Purchaser shall, upon obtaining a survey and inspecting the Premises in relation thereto, hold a public hearing on the acquisition pursuant to §247 of the General Municipal Law. Such acquisition must be approved by an affirmative vote of the Town Board and the adoption of an appropriate resolution following a public i hearing. If the Premises are not entirely used or suitable for agricultural t production, Purchaser may cancel this Agreement or, subject to Seller's i further agreement, accept that portion of the premises which is suitable for agricultural production, as herein defined, in which case the price will be adjusted in proportion to the area deemed suitable using the unit price as herein set forth. The Town of Southold Land Preservation Committee shall also approve the area from which the Development Rights will be acquired, such area to be shown on a survey obtained pursuant to 18. 4. PURCHASE PRICE. The agreed purchase price is ONE MILLION ONE HUNDRED SEVENTY-TWO THOUSAND FIVE HUNDRED AND 00/00 DOLLARS ( 1,172,500.00) for the ±17.50 acres contemplated to be encumbered under this Agreement, based upon a value of SIXTY- SEVEN THOUSAND ($67,000.00) per buildable acre, and subject to a final survey of the Premises (see 18). Purchaser and Seller i E I t } hereby agree that if the final survey shows that the total acreage of the Premises is different from the±17.50 acre figure used by Purchaser in determining the purchase price of ONE MILLION ONE HUNDRED SEVENTY- TWO THOUSAND FIVE HUNDRED AND 00/00 DOLLARS (1,172,500.00), the final purchase price will be adjusted at a rate of SIXTY SEVEN THOUSAND DOLLARS ($07,000.00) per buildable acre for each additional or subtracted i acre or portion thereof. The purchase price shall be payable by the Town of Southold to the Seller at the Closing, by good, certified check of Purchaser drawn on or official check issued by any bank having a banking office in New York, payable to the order of Seller or as Seller may otherwise direct. 5. CLOSING DATE/LOCATION. The Grant of Development Rights i. Easement is to be delivered on or about fourteen (14) days from receipt of a title policy and environmental audit, in a form and substance acceptable to Purchaser and acceptable in form and substance to the SELLER, or the recording of the final subdivision map in the Office of the Suffolk County Clerk, whichever occurs later, unless Seller waives the subdivision contingency set forth herein. In the event the Seller waives the subdivision contingency, the Closing shall be take place within twenty (20) days of receipt by Purchaser's attorney of written notice of such waiver. The ti Closing shall take place at the office of the Department of Land Preservation,Town Hall Annex, 54375 State Route 25, Southold, N.Y. 11971, unless otherwise agreed in writing. The delivery to and acceptance 1 of the Grant of Development Rights Easement by Purchaser, and the 1 disbursement of the purchase price to Seller shall constitute the "Closing." 6. SUBDIVISION CONTINGENCY. This agreement is contingent upon Seller receiving approval for an Open Development Area "ODA"subdivision within the Reserve Area. Nothing herein shall be construed to be an approval of the ODA subdivision by the Planning Board of the Town of Southold or a waiver of any provisions of the Town Code. Furthermore, i nothing herein shall be construed as the Town's preference for a particular i type of subdivision, including an ODA subdivision. Consistent with paragraphs 1 and 8 herein, the Property from which the Development Rights are to be acquired herein shall be based upon the dimensions as shown on the approved and flied subdivision map. i 7. FURTHER SUBDIVISION. The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local F law, except that Grantor may seek approval to modify or alter lot lines between r the Property and adjacent parcels. All reconfigured lots shall contain at least 10 acres of land subject to a development rights easement or a conservation easement. "Subdivision"shall include the division of the portion of the Property from which the Development Rights are acquired into two or more parcels, in whole or in part. Notwithstanding this paragraph, upon the death of Grantor, the S t i jI 1 1 1 underlying fee interest may be divided by conveyance of parts thereof to i Grantor's executor, trustee, heirs or next of kin by will or operation of law. 8. SURVEY. Purchaser and Seller will have the perimeter and the Reserve Area of the Property surveyed by a licensed land surveyor to determine the actual acreage of the area upon which the Development Rights are to be sold. The survey of the perimeter and the Reserve Area i shall be paid by the Purchaser, at a cost not to exceed $5,000.00. The 4 Seller shall be responsible for all other costs related to the surveying and mapping of the Premises, including for any subdivision application. 9. ENVIRONMENTAL INSPECTION. Purchaser may conduct an environmental inspection of the Property. If such an inspection is made, the Purchaser's obligations under this agreement are subject to and conditioned on the receipt of a report delivered within 45 days after the date of this agreement, or sooner if at all practicable (which date may be extended by Seller in writing pursuant to a written request by Purchaser and such request shall not be unreasonably withheld) verifying that there are no negative environmental conditions, including but not limited to debris, abandoned vehicles, unused wells, or hazardous substances on or in the Premises, including structures. The Seller shall have the right to remedy any environmental defects identified by such environmental inspection, at its sole cost and expense, upon notice to the Town and within a reasonable period of time. In this event, Seller shall provide proof F F I satisfactory to the Purchaser that such defects have been cured. If Seller elects not to remedy the defect(s), either party may cancel this Agreement, ` and in such event, Purchaser shall be reimbursed for the costs of title examination, survey and environmental inspection with no further liability between the parties, or the Purchaser may elect to proceed to closing. 10. FORM OF EASEMENT. The Grant of Development Rights Easement("Easement"} to be executed by Seller and delivered to Purchaser at the closing shall be in the form approved by the Town Attorney, or his designated representative. A draft of the Easement will be provided. The parties acknowledge that certain changes may be made to the Easement before Closing. Closing is contingent on the Easement being acceptable in form and substance to the SELLER. In the event the SELLER cancels the closing on the basis of this s contingency, the SELLER shall reimburse the TOWN for the cost of the survey and title cancellation in an amount not to exceed $3,000.00 The Grant of Development Rights Easement shall be duly executed and acknowledged so as to convey to the Purchaser the Development Rights of the Property, free of all liens and encumbrances, except as herein stated, and shall be recorded in the Office of the Suffolk County Clerk. Purchaser shall be responsible for the recording fees in connection with the i Grant of Development Rights Easement. r; If the Seller is a corporation, it will deliver to the Purchaser at the j time of the delivery of the Grant of Development Rights Easement I hereunder such documentation as may reasonably be required by l Purchaser's title company, including but not limited to a resolution of its l 4 R E � board of directors authorizing the sale and delivery of the Grant of Development Rights Easement, and a certificate by the secretary or I! assistant secretary of the corporation certifying such resolution and setting forth facts showing that the conveyance is in conformity with the requirements of§909 of the Business Corporation Law. The Grant of Development Rights Easement in such case shall contain a recital sufficient to establish compliance with said section. 11. INSURABLE TITLE. The Purchaser may make its determination of whether the Property is free from all encumbrances, except as set forth I in 112, on the basis of its own examination of the title, or that of its agents, or a title report of a member company of the New York Board of Title Underwriters having offices in Suffolk County. Purchaser may require the Seller to clear title exceptions, except as set forth in Paragraph 11, raised to the satisfaction of the Purchaser and the title company. In the event that the Seller is unable to convey the Grant of Development Rights Easement free from all encumbrances in accordance with the terms of this Agreement, or as a title insurance company as described above may be f willing to insure, Seller shall reimburse Purchaser for the costs of the title examination, survey and environmental inspection, and this Agreement shall be considered canceled with neither party having any further d obligation to the other. E 4 12. ACCEPTABLE ENCUMBRANCES. The Seller shall convey and the Purchaser shall accept the Grant of Development Rights Easement subject to existing covenants, easements and agreements of record. In the event the property is to be conveyed subject to a mortgage, Seller shall include and record with the Grant of Development Rights Easement the written consent of the mortgagee. The Grant of Development Rights Easement may also be conveyed subject to the assessment of real property taxes, provided that at the time of Closing, all real property taxes are paid in full for the current'half of the tax (lien) year with no arrears. All other encumbrances, liens, assessments, charges, judgments, estates, taxes and other limitations shall be satisfied on or prior to Closing. 13. USE OF MONEY TO CLEAR TITLE/DISTRIBUTION OF t PROCEEDS. If at the date of Closing there are any other liens or encumbrances which the Seller is obligated to pay and discharge, the Seller may use any portion of the balance of the purchase price to satisfy the same, provided the Seller shall simultaneously deliver to the Purchaser and Purchaser's title company at the Closing instruments in recordable form and sufficient to satisfy such liens and encumbrances of record together with the cost of recording and filing said instruments. The Seller also agrees to provide duly executed Internal Revenue 5 Service Form W-9 and to sign such proper vouchers for the Closing check(s) as maybe requested by the Town Fiscal Officer at least two (2) Y weeks prior to the date fixed for Closing. The Purchaser, if request is made within a reasonable time prior to the date of Closing, agrees to provide at the Closing separate checks as requested, aggregating the amount of the purchase price, to facilitate the distribution of proceeds among the owners and the satisfaction of any such liens and ` encumbrances, which encumbrances shall not be deemed objections to i title if the Seller shall comply with the foregoing requirements. I 14. AFFIDAVITS AS TO JUDGMENTS. If a search of the title discloses judgments, bankruptcies or other returns against other persons having names the same or similar to that of the Seller, the Seller will, on request, deliver to the Purchaser an affidavit showing such judgment, r bankruptcies or other returns are not against Seller, if such is the case. 1 15. OTHER DOCUMENTS AT CLOSING. Seller shall deliver at Closing a certification stating that Seller is not a foreign person, which certification shall be in the form then required by FIRPTA. If Seller fails to deliver the aforesaid certification or if Purchaser is not entitled under FIRPTA to rely on such certification. Purchaser shall deduct and withhold from the purchase price a sum equal to lo%thereof(or any lesser amount permitted by law) and shall at Closing remit the withheld amount with the required forms to the Internal Revenue Service. ' 16. SELLER'S REPRESENTATIONS. The seller represents that: i a) the Premises are agricultural lands used for agricultural production as s defined herein; b) to the Seller's knowledge, at no time has the Property been used for the generation, storage, or disposal of hazardous substances, or as a landfill or other waste disposal site except in connection with storage and application of chemicals used in agricultural production, including petroleum products, in accordance with applicable laws and regulations; c) to the Seller's knowledge, there are no hazardous substances or toxic wastes in or on the Property that may affect the Property or any use thereof except as set forth in b) above, or that may support a claim or cause of action under common law or under any federal, state or local environmental statute, regulation, ordinance or any other environmental regulatory requirement, nor has any action been instituted for enforcement of same; d) to the Seller's knowledge, there are currently no underground storage i I tanks or wells on the Property, and none were located on the Property; e) to the Seller's knowledge, there are no actions, suits, claims or { proceedings seeking money damages, injunctive relief, remedial action or any other remedy, pending or threatened, relating to a violation or non-compliance with any environmental law, or the disposal, discharge or release or solid wastes, pollutants or hazardous substances, or exposure to any chemical substances, noises or vibrations to the extent the same arise from the condition of the ' Premises or Seller's ownership or use of the Premises; i' �I f) no consent or approval is needed from any governmental agency for the transfer of the development rights from Seller to Purchaser, and neither the execution of this Agreement, nor the closing of title, will violate any environmental law; g) from the date of this Agreement to Closing, Seller will not remove any soil from the Property from which development rights will be sold, except in the course of normal agricultural production, including horticulture, farming and drainage activities. 17. INDEMNIFICATION. Seller will defend, indemnify, and hold harmless the Purchaser against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for reasonable and necessary legal, title, environmental consulting, engineering fees and other costs i and expenses which may arise out of 1) any inaccuracy or misrepresentation in any representation or warranty made by Seller in this Agreement; 2) the breach or non-performance of any covenants required by this Agreement to be performed by the Seller; 3) the cancellation of this contract or of the Closing contemplated herein if Seller elects not to proceed with the sale for any reason or for no reason, except as set forth in ¶ 9 or for a breach or default on the part of Purchaser; 4) any action, suit, claim, or proceeding seeking money damages injunctive relief, remedial action, or other remedy by reason of a violation or non-compliance with any environmental law, or the disposal or release of solid ; wastes, pollutants or hazardous substances, or exposure to any chemical f substances, to the extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of development rights, except those lawfully and properly occurring in the course of agricultural production. This paragraph shall survive Closing. 18. PUBLIC DISCLOSURE STATEMENT. The Seiler, simultaneously with the execution and delivery of this Agreement, has also delivered the required verified public disclosure statement for filing with the Town Fiscal Officer. At the time of the Closing, the Seller shall submit a sworn statement that there have been no changes in interest since the date of € Y Y this Agreement. Any evidence of a conflict of interest or prohibited contractual relationship shall require approval of the contract and sale by the Supreme Court. 19. BROKER. The parties agree that no broker brought about this sale to claim a commission. 20. ENTIRE AGREEMENT. It is understood and agreed that all i understandings and agreements had between the parties hereto are r i merged in this contract, which, with the exhibits, fully and completely l expresses their agreement, and that the same is entered into after full investigation, neither party relying upon any statement or representation, not embodied in this contract, made by the other. 21. MODIFICATION. This Agreement may not be modified, changed or terminated orally. This Agreement may be modified or changed OI 3 4 only with the prior written consent of bath Seller and Purchaser in each ; :I instance and any purported modification or change made without such consent shall be void. 22. BINDING EFFECT. This Agreement shall apply to and bind the heirs, distributes, legal representatives, successors and permitted assigns of the respective parties. 23. DEFAULTS AND REMEDIES. If Seller defaults hereunder, i Purchaser shall have such remedies as Purchaser shall be entitled to at law or in equity, including, but not limited to, specific performance. If Purchaser defaults, the Seller shall have such remedies as Seller shall be entitled to at law or in equity 24. PURCHASER'S LIEN. All money paid on account of this contract, and the reasonable expenses of examination of title to the Premises and of any survey, survey inspection and environmental audit charges, are hereby made liens on the Premises, but such liens shall not continue after default by t ' Purchaser under this contract. I 5 25. NOTICES. Any notice or other communication ("Notice") shall be in writing and either (a) sent by either of the parties hereto or by their respective attorneys who are hereby authorized to do so on their behalf by certified mail, postage prepaid, or-(b) delivered in person or by overnight courier, with receipt acknowledged, to the respective addresses given in this contract for the party to i whom the Notice is to be given, or to such other address as such party shall i s hereafter designate by Notice given to the other party or parties pursuant to this paragraph. Each Notice mailed shall be deemed given on the third business day �i following the date of mailing the same, except that each Notice delivered in person or by overnight courier shall be deemed given when delivered. The 1 parties hereby authorize their respective attorneys to agree in writing to any changes in dates and time periods provided for in this Contract. Any notices sent pursuant to this Paragraph shall also be sent to thee attorneys for the respective parties: If to Seller: Daniel C. Ross, Esq. Westphalia Avenue P.O. Box 146 Mattituck, NY 11952 i If to Purchaser: i i Lisa Clare Kombrink, Esq. Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP 51 Hill Street Southampton, New York 11968 26. NO ASSIGMENT. ,This Agreement may not be assigned by Seller ' l or Purchaser without the prior written consent of the parties in each instance and any purported assignment(s) made without such consent shall be void. 27. MISCELLANEOUS. If two or more persons constitute the Seller, i the word "Seller"shall be construed as if it read "Sellers"whenever the I sense of this Agreement so requires. t 28. SOUTHOLD TOWN BOARD APPROVAL. Execution of this s i Agreement by Purchaser is subject to approval by the Town Board of the, Town'of Southold in the form of a resolution, following a public hearing as required by applicable law. 29. FORM OF EASEMENT. The Town of Southold has applied for a grant from the New York State Department of Agriculture and Markets for a portion of the purchase price. If the grant is awarded, the parties `i acknowledge that the State,will require that its form of Development Rights , Easement be used, and Seller consents to this requirement. r IN WITNESS WHEREOF, this Agreement has been duly executed ' f _ by the parties hereto on the day and year first above written. MARRATOOKA N TH, LLC, Seiler BY: r ERIC KEIL, MA TNG M IBER a i BY: AN"AGING MEMEBER y TOWN OF SOUTHO D, Purchaser �f I BY: � SCOTT A. RUSSELL,WSUPERVIS R 1 yi 1 April 17, 2013 Deed of Conservation Easement THIS CONSERVATION EASEM ENT ("Easement")is granted this day of 2013, by MAARATOOKA NORTH, LLC, having an addressat 30 East Gate Drive, Huntington, New York 11743("Grantor")to theTOWN OF SOUTHOLD ("Grantee"), a New York municipal corporation hawing its principal office at 53095 M ai n Road, P.O_ Box 1179,Southold, New York 11971. WHEREAS: A. Grantor is the owner of certai n real property(the"Property")cons sti ng of 22.50 acresy located,on 17405 NYS Route 25, Mattituck,intheTown of Southold, Suffolk County, New York, designated as SCT M#1000-115-2-6, of which 18.00 acres i s subject to thi s D eed of Conmrvati on Easement(herei wafter,the"Property")and more f ul ly descri bed i n the I egal survey descripti on of the property("EX HI BI T A")and shown on the reduced copy of the survey ("EX HI BI T B"), both attached hereto and made a pat hereof. B_ Grantee is a municipal corporation and has the authority pursuant to Section 247 of the General M unici pal Law and Arti cle 49,Title 3 of the New York Environmental Conservation Lanr (the "ECL")to acquire conservation easements. C. The Property consists pri maxi ly of productive agricultural land. The Property contains 18.00 acres of prime soils as deft ned by the U.S. Department of Agriculture Natural Resources Consenvati on Service. D. Article 14, Section 4 of the New York State Constitution states that"the policy of this state shal I be to conserve and protect i is natural resources and sceni c beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products;" E. In Section 49-0301 of the ECL-,the L egi sl ature of the State of New York found and declared that"i n order to implement the state policy of conserving, preserving and protecting its envi ronmental assets and natural and manmade resources, the preservati on of open spaces and the preservation, development and i mprovement of agricultural and forest lands._., is f undan wdal to the ma ntenance, enhancement and i mprovement of.._bal arced economi c growth and the quali ty of life i n al I areas of the state;" F. T he Property i s I ocated w i thi n Suffol k County's A gri cul tural District#1, created pursuant to Article 25AA of the New York State Agriculture and Markets Lary. In Section 300, it states: "It is hereby found and declared that many of the agricultural lards i n New York State are in jeopardy of being lost for any agricultural purposes. When nonagricultural development Page 1 of 17 Apri1 17, 2013 extends into farm areas; competition for limited resources results...I t i s therefore the declared policy of the state to conserve; protect and encourage the development and improvement of its agricul tural land for producti on of food and other agri cultural products...I t i s the purpose of this article to provide a local ly-i nitrated mechanism for the protection and enhancement of New York Statd s agricultural land as a vi abl a segment of the local and state economies and as an economic and environmental resource of major importance;" G. A rti cl a 25-AAA, Secti on 321 of the A gri culture and M arkets Law states that"I t is hereby found and declared that agricultural lands are irreplaceable state assets. I n an effort to maintain the economic viabi lity, and the envi ronmental and Iandscape preservation values associated with agri culture..." the Commi ssi oner i s authorized to admi ni ster programs to asci st counti es i n developi ng agri cultural and farml and protecti on pians and to assist both county and munici pal governments i n the implementation of such plans. The Commissioner gives priority to projects that will preserve viabl e agricultural land, are located inareas facing significantdevelopment pressure and serve asa buffer for asignificant natural pylic resource containing important ecosystem or habitat characteristics; H. The Property is looted with n the Town of Southold,which has adopted the Southold Town Farm and Farmland Protection Strategy, dated.January,2000. The Plan recommends that the Town continue its effortsto preserve land suitablefor farming and ensure that farming remains an important part of the local economy. The Plan also recommends that theTown parti cipate i n partnershi p efforts with the Federal, State and County governments and related grant programs i n order to use theTown's limited fi nand al resources most effectively. 1. T he Property i s also located wi thi n the County of Suffol k,whi ch has adopted an A gri cultural and Farml and Protection Plan dated June 1996,whi ch recommends the conti need preservati on of productive farmland through the purchase of development rights. I n addition,the P!an sets forth the fol lowing goals` to preserve act"culture as an i rrrportant i ndustry in Suffolk County, preserve farmland as an important natural resource, and preserve the cultural conti nuity of farms and farm fani li es.The plan seeks to preserve 20,000 acres of productive farmland through the purchase of development ri ghts and to ensure that publi c poli cy protects, promotes and sustains agri culture. J_ Grantor has received i ndependent I egal and fi nanci al adv i ce regard ng this Easement to the extent that Grantor has deemed neer. Grantor freely signs this Easement in order to accompli sh its conservati on purposes. NOW,THEREFORE, in consideration of the foregoing, ONE M I L L I ON ONE HUNDRED THIRTY-NI NE THOUSAND FIVEHUNDREDAND00/00 Dol lars($1,139,000.00)and the mutual covenants,terms, condi ti ons and restri cti ons conte ned herei n, the parti es agree as fol I ows: 1. Grant of Conservation Easement. Page 2 of 17 A pri 117, 2013 Grantor hereby grants and conveys to Grantee, a Cormv ati on Easement(the"Easements),an i mmedately vested i nte-est i n real property defi ned by A rti c I e 49,Title 3 of the ECL of the nature and character descri bed herei n,for the benefi t of the ger>eral publ ic,whi ch Easement shat I run wi th and bi nd the Property i n perpetuity. Grantor wi II neither perform, nor knowi ngly al low others to perform,any act on or affecti ng the Property that is inconsistent with the covenants contained herein. Grantor authorizes Grantee to enforce these covenants in the manner descri bed below. 2. Purpose. The Primary Purpose of this easement is to conserve viable agricultural land and soil resources by preventi ng uses of the Property that wi II si gni ficantly i rnpal r or interfere with the Property's agricultural and forestry viability and productive capacity. 3. 1 mplementati on. This Easement shal I be i mpl emented by I i mi ti ng and restri cti ng the level opment and use of the Property in accordance with its provisions. The Property remains m4ect to al I applicable Iocal, state and federal laws and regulations, This Easement and the adrni nistrati on of its provisions shat I not unreasonably restrictor regulate farm operations in contravention of the purposes of Article25- AA of the Agriculture and M arkets Law. 4. Definitions. 4.(a)_ "Grantor" or"owner" i ncl ude the origi nal Grantor, its hei rs, successors and assi gns, al I future owners of any I egai or egui tab!e i nterest i n ad I or any porti on of the Property, and any party entitled to the possession or use of all or any part thereof. 4.(b). "Grantees i ncl udes the ori gi nal Grantee(s) and its successors and assigns. 4.(c). "Farm L abor H ousi ng" means dwel Ii ngs or structures, together with accessory i mprovements used to house seasonal andlor ful I-ti me employees where such resi deuces are prov i ded by the farm I andowner andlor operator, the worker i s an essenti al employee of the farm landowner arKVor operator employed i n 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 the primary residence of afarm owner is not"farm labor housirK". 4.(d). " Farm Operation" shall be defined in accordance with Section 301 of the New York State Agriculture and M arkets Law ("Agri culture and M arkets Law"), or such successor I aur as enacted or amended. 4.(e). "I mperviousSurfaces�' are defined as structures or i mprovements that permarntly cover soi I resources. Impervious Surfaces do not include permeable surfaces such as gravel roads and parki ng areas; structures whose pri nci pal purpose is to protect soi I and water resources, such as manure storage areas; and structures and Improvements lacking pmt foundations. Page 3 of 17 A pri 117, 2013 I n determi ni ng the square footage of I mpervi ous Surface w ithi n any structure or i mmprovement on the Property, only those surfaces actual iy covered with s dewalks, driveways or a continuousfoundation that i rich vi dual ly would be deemed to be I mpervi ous Surface steal I be i ncl uded i n any such measurement U rider no clrcumstancesshalI a concrete footing associated with any structural support post or col umn that i s not part of a Conti nuous foundati on ever be i ncl uded i n any such measurement of I mpervi ous Surface. 4.(f). "Sound Agricultural Practices" isdefinedasthose practices necessary for on-farm production, preparation and marketing of agricultural commodities, provided such practices are legal, necessary, do not cause bods ly harm or property damage off the farm, and achi eve the intended results in a reasonable and supportable way. if necessary,to determine if a practice is"sound," Grantee or Grantor may request that the New York State Department of Agriculture and Markets initiate a sound agricultural practice review pursuant to Section 308 of the New York State Agriiculture and M arkets Law,or any succes9ar Iaw as enacted or amended. 4.(g)_ "Viable Agricultural Land" is defined as land highly suited for agricultural production. 5. Reserved Rights Retained by Grantor. A s the owner of the Property, Grantor reserves all customary ri ghts and privileges of ownership, i nciudi rig the right of exclusive use, possession and enjoyment of the Property, the rights to sell, I ease,and devi se'the Property, as well as any other rights consistent with the Purpose set forth in Section 2("Purpose)and not specifically prohibited or limited by this Easement. U ruder no ci rcumstances shal I commerci al ai rstrips or commerci al hen i copter pads or similar improvements be constructed or operated on the Property. H owever, nothti ng i n the Easement rel i eves Grantor of any obli gab on wi th respect to the Property or restri cti on on the use of the Property i m posed by I aw and nothi ng i n thi s Easement shat I requi re Grantor to take any action to restore the conch tion of the Property after any Act of -God or Force Maj eure. 5.(a). Right to Use Property for Agricultural Uses. Grantor shat I have the ri ght to engage i n al I types of agri cultural product on as the term i s referenced i n 247 of the General M uni ci pal Law and/or defined in Chapter 70 of the Town Code, or such successor law as enacted or amended,and includi ng the production of crops, livestock and livestock products as defined in 301(2)(a)-{j) of the A griculture and Markets Law,or such successor I aw as enacted or amended, or as sai d 301(2)(a) -(j) may be amended.The processing or rets I merchant sing of such crops, livestock or I ivestock products, a horse board ng operati on,and a ri d ng acaderry shat I not be Page 4 of 17 A pri 117, 2013 considered agricultural production. Grantor may offer"'U-Plck" operations arbor the use of a corn maze to the general public, provided that 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 thi s Easement or other appl i cabl e laws Notwithstand ng the above, "U-Pick" activities shal I be deemed a harvesting activity,which is pat of atypical agricultural use of the Property,and, therefore, shall not be deemed a recreeti oral use. 5.(b). Right to Use Property for,Recreational Purposes Grantor retains the right to use the Property for otherwise lawful personal recreational uses, i ricludi ng, but not I rated to, hunting,fish ng, cross-country skiff ng, campi ng, horseback H di ng and snowmobi I i ng,subj ect to the limited ons set forth i n th s Easement, i ncl udi rig Secti on 8("Constructi on of B ui Id ngs and Other I mprovements"). I n al I cases, such recreati onal uses must be compati ble with the Purpose of this Easement and subordi nate to the agri cultural use of the Property. Under no circumstances shal I affil eti c fiel ds, gol f courses or ranges,or other si mi lar recreeti and i mprovements be constructed. 6. Conservation Plan. Grantor"Granteerecognize that changes in economic and environmental conditions,in agricultural technologies, in accepted farm management practicesand in the Farm Operations of Grantor may result in changm in the agricultural uses of the Property. Itis the intention of this Easement to ma ntai n Grantor's discretion to employ its choices of farm uses and management practices so long as those uses and al I fermi ng operations are conducted in accordance with Sound Agricultural Practices as defined herein'"in a manner consistent with a Conservation Plan prepared by a qualified conservation professional or by the local Soil and Water Conservation District in cooperation with the Grantor. The Conservation Plan shall identify potential adverse environmental impactsof agricultural activities, aswell as enhance the agri cultural productivity and economic viability of the Property. This plan shall be updated periodically and whenever the . Farming Operation changes substantially. Upon request, Grantor shall provide copy of the most current plan to Grantee. 7.A cress N oth ng contai ned i n thi s Easement shat I give or grant to the pubs i c a ri ght to enter upon or to use the Property or any port on thereof where no such ri ght enc i sted i n the publ i c i mmedi ately pri or to the execution of thi s Easement. 8. Construction of Buildings and Other Improvements. Grantor may undertake construct on, erection, ir►stalIaton, removal,or piacement of buildings, structures, or other improvement to the Property only as provided i n this Easement and set forth below. Page 5of17 t A pri 117,2013 8.(a), I mpervi ous Surfaces Subj ect to the I i mi tati ons set forth below, I mpervi ous Surfaces may be constructed or pl aced on up to a maxi mum of 10% of the Property. 8.(b). Fences Ex isti ng fences may be repai red, removed and repi aced, and new fences may be bui I t on the Property for purposes of reasonable and customary maragaT ent of livestock and wildlife,, safety and general management and to prevent trespam ng on the Property. 8.(c). Agricultural Structures and Improvements Any existing or suit agricultural structures and Improvements may be repaired, removed, enlarged and rep]aced at thea r current locati ons,subj ect to the I mpervi ous Surface coverage Ii mitati ons set forth i n Sect on 8(a) ("I mpervious Surfaces"). Subject to the I mpervi ous Surface coverage limitations set forth in Section 8(a) {"I mpervi ous Surfaces"), Grantor may construct bui Id ngs, structures and i mpervi ous improvements for such purposes rel ated to the Farm Operation on up.to 5%of the Property without permission of Grantee. With permission of Grantee, Grantor may construct bui Idi ngs, structures and improvements related to the Farm Operation that would cover,up to an add ti onal 5%of the Property_ For purposes herei n, such bui I di rxA structures and i mprovements shat I not i nclude those assod ated with manure processi ng and handl i ng or any feel li ties associ ated with the processing or marketing of crops, livestock, and livestock products, incl using a horse boarding operation or a horse rid ng academy. 8.(d). Farm Labor Housing Subject to the Impervious Surface coverage limitations set forth in Section 8(a), Grantor may construct or place new dwellings or structures exclusively for Farm Labor Housing on up to one percent(1%) of the Property without permission of Grantee.The land on which these structures stand shall-not be subdivided. 8.(e). Personal Recreational Structures, I mprovements and Activities Structures, improvements and activities associated with personal recreational purposes, subject to Section 5(b), are permitted on the Property provided that such structures, improvements or activities_ (i) are compatible with the Purpose of this Easement; and are suborch nate to the agri cultural use of the Property; and (iii) with respect to structures and i mprovements onl y, comprise an aggregate footprint of no more than 400 square feet unless Grantee,has received pri or permi ssi on of Grantor pursuant to Seco on 16. 8.(f) Utility Servicesand Septic Systems Page 6 of 17 l A pri 117, 2013 Wires, I i ries, pipes, cables or other faciliti es provi d ng electrical, gas,water, sewer, communications, or other uti I i ty servi ces to or from the improvements perm tted in this Easement maybe installed, maintained, repaired, removed, relocated and replaced,and Grantor may grant easernerts-over and under the Property for such purposes. Septi c or other underground sanitary systems serving the improvements permitted herein maybe installed, mai ntai nod, repai red or i mproved. A I I such servi ces and systems shal I serve onl y structures and improvements Located on the Property and shat l be compati ble with the Purpose of this Easement,subord nate to the agricultural use of the Property and located i n a manner that mi ni mizes the i mpact to pri me or statewi de important soi Is. 8.(g). Alternative Energy Structures and I rhprovements Structures and i mprovements necessary to undertake alternative energy activities such as wind, solar, and other siM lar energy generation activi ti es we permitted as further described below, provided they are compati ble with the Purpose of th s Easement,subord nate to the agricultural use-of the Property, and located i n a manner that mi Nmizes the impact to pri me or statewide important soi Is. Subject to the I mpevious Surface coverage limitations set forth in Section 8(a) ("1 rmpevious Surfaces'), such structures and i mr rovements, i nclud rig roads and dra nage d tches,may be built on the Property only with the permission of Grantee,which may be corditi oned upon , the posting of a bond. These structures and improvements are permitted only if the activity is 1 i mi ted and localized in impact affecting no more than two percent(2%) of the Property at one ti me. Prior to determi ni ng the location of a site for these structures and i mprovemerts on the Property, the Grantor shall notify the Grantee, the New York State Department of Agriculture and M arketss and the local Soil and Water Conservation District to give them an opportunity to parti ci pate i n an onsite meeti ng to revi ew proposed I ocati ons. Grantor shat I agree to comply with the New York State Department of Agriculture and M arkets gui del i nes for agricultural mitigation for construction of such structures. 9. M ai ntenance and I mprovement of Water Sources. Grantor may use, mai ntai n, establ ish, construct, and i mprove water souroes, water toruses and water bod es within the Property for the uses permitted by this Easement, provided Grantor�does not si grafi call y i mpai r or di sturb the natural course of the surface water drai nage on the Property. Notwithstand ng the above, Grantor may alter the natural flow of water over the Property 1n order to improve drainage of agricultural soils, reduce soil erosion ail/or f I oodi ng, provide irrigation for the Property or i mr rove the agr=icultural or forest management potential of the Property, provided such alteration is consistent with the Conservation Plan, Sound Agricultural Practices,the Purpose of this Easement and is carried out in accordance with applicable local, state aid federal laws and regulations. 10-Water Rights. Page 7 of 17 r A pri 1 17, 2013 Grantor may use any appurtenant water rights sufficier� to maintain the agricultural productivity of the Property in accordance with applicable local, state and federal laws and regulations. Grantor shall not transfer, encumber, lease, sell or otherwise sever such water rights from titleto the Property itself. 11. Subdivision. The Property is not be further,subch vi dad pursuant to Town Law Secti ons 265, 276 or 277 or Sect on 335 of the Real Property L acv, as they may be amended, or any other appli cab!a State or local law,except as provided herein. As required by applicable lady and subject to approval by the Plana ng Board of the Town of Southold, Grantor may only subdivide the Property provi ded that(1)each result ng parcel contai ns at I east 10 acres of V i abl e A gri cultural Lard and(2)each such parcel is permanently protected with a perpetual conserveti on easement (whose purpose i s equivalent to that stated herein i n section 2). The ri ght to construct I mpervi ous Surfaces as set forth i n Paragraph 8(a)shal I be al I ocated at the time of a proposed subdivision. Such allocation of rights shal I not result in greater than 10°x6 of the Property bei ng covered by I mpervi ous Surfaces. At the d screti on of Grantee, a functi anal ly and materially equivalent Easement may be recorded sumultaneously with the filing of the subdivision map. Except as provided above, any other subdivision, recording of a subdivision plan, partition, or any other attempt to internally or externally clivi de the Property into two or more parcels i s prohi bi ted. Mortgages, or other non-possessory interests i n lard do not constitute subdivisions for the purpose herein, provided such interests encompass the whole parcel. 12. Forest Management. Without permission of Grantee, Grantor may clear forested areas for conversion to farmland, harvest wood for use on the Property incl uding heati ng or construction of bei Idings and improvements, manage forested areasfor wildlife habitat and recreation, and remove trees that are fallen, dead, diseased or invasive, so long as such activities are consistent with generally accepted forest best management practices. Without permission from Grantee, Grantor may commercially harvest timber and other wood products, conduct ti mber stand improvements and construct, mai ntai n, remove, and repair unpaved access roads and"staging areas',those areas where logs are temporarily stored for transport necessary for such activities AI I such activities shal I be in accordance with generally- accepted forestry best management practices. Such commercial timber harvests and Umber said i mprovements shall be carried out i n accordance wi th a forest management pl an and harvest pl an prepared by a forester who i s cern f i ed by the Soci ety of A meri can Foresters or such successor organizati on as i s I ater created, a Cooperati ng Consult rig Forester with the New York State Department of Environmental Conservation or aqualified forester approved by Grantee. Page 8 of 17 A pri 117, 2013 1 n order to faci Iitate the moni tori ng and stewardship of thi s Easement, and ensure conti nui ng communication between parties, Grantor shall give Granter, its successors or ass gns,written notice not less than forty-five(45) clays prior to the anticipated comment of any commercial timber harvest or timber stand improvement. Such written notice shall include submission of the current forest management plan and harvest plan. 13. Removal of Materials; Mining; Excavation The removal of topsoil,sand, gravel, or other material for exportation and/or sale shall be prohibited. Mi neral exploitation, and extraction by any method, surface or subsurface, is prohi bited. Solt may only be moved and/or removed in accordance with a Conservation Pian(Section 6), to promote regi red drai nage activiti es,to construct and mai ntai n permi tted structures and innprovements on the Property, and for agricultural uses. 14. Road Construction. Subject to the Impervious Surface coverage limitations set forth in Section 8(a) ("Impervious Surfaces"), Grantor may construct roads necessary to provide access to, and paki ng for, permitted buildings or improvements; or to conduct otter activities permitted by this Easement. Roads constructed on the Property shall be located in a manner that rdnimizes impacts to the prime and statewide i mportant soi Is. 15. Dumping and Trash. The dumpi ng, land f I I i ng, burl al, appi i cab on, i nj ecti on, or accumul ati on of any ki nd of fie,trash or debri s on the Property i s prohi bited, other than agri cultural ly-rel aced waste or bi odegradabie material i n accordance with Sound Agri cultured Practi ces and any app!icable State or federal law or regulation. However, thisshall not prevent thestorageof agricultural products and byproducts,the storage of ofd farm equi pment used for pats, and composti rug or reuse of biodegradable materials as permitted in Section 5(a) ("Right to Use Property for Agricultural Uses"), generated off the Property for non-commercial use on the Property, so long as they are used and stored in accordance wi th Sound Agricultural Practices. No bi odegradabl a material used for compost ng,whether generated on the Property or imported to the Property, may be used for resale. Notwi thsta d ng the foregoi ng, the storage and treatment of sewage associ aced wi th bui Idi ngs permitted on the Property i s permitted by this Easement. 16. Permission of Grantee W hen Grantor 1 s regui red to obtai n Granted's permi scion for a proposed acti on pursuant to the Easement, such permission shall be requested in writing. Grantee shall grant permission unless it determines that such action is 1) incompatible with the Purpose of this Easemeit or 2) not subordinate to the agricultural use of the Property. Such permission shall not be unreasonably withheld. Grantee shall respond with a decision in writing with n forty-five(45)days of receipt of the Grantor's written request which shall i nclude all relevant bui Icing plans identifying the use,footpri nt and total square footage of any proposed structures, and rel ated survey i nformati on, Page 9 of 17 A pri I"17, 2013 if available: If mutually.agreed upon by Grantee and Grantor, thistimeline may be reasonably extended. Grantee shall not be I i abl a for damages for any fa I ure to grant permission to Grantor. The permission contemplated in this Paragraph is in addition to any other approvals that maybe required by theTown Code of Southold(the"Town Codd'). 17. Ongoing Responsibilities of Grantor and Grantee. Other than as specifi ed herein,this Easement is not intended to impose any legal or other responsibility on Grantee,or in any way to affect any obligati ons of Grantor as owner of the Property, i nl udi ng, but not Ii mited to,the fol I owi ng: 17.(a).Taxes Grantor shall be solely responsible for payment of alt taxes and assessments levied against the Property. If the Grantor becomes delinquent in payment of taxesthe Grantee; at its opti on,shall have the ri ght to take such act ons as may be necessary to protect the Grantee's i nterest i n the Property and to assure the continued enforceability of this instrument and to recover all of its costs i ncl udi ng reasonabl a attomey's,f ees. I f, as a result of such acti ors, Grantee ever pays any taxes or moments on Grantors i nterest i n the Property, Grantor wi I I pronely rei mburse Grantee for the same_ 17.(b). Upkeep and M ai ntenance Grantor shall be solely responsible for the upkeep and mainterarnce of the Property,to the extent required by law and this Easement. Grantee shall have no obligation for the upkeep or ma ntenane of the Property. 17.(c). Liability and Indemnification Grantor agrees to indemnify and hold Grantee and the State of New York, Department of A griculture and M arkets harml ess f rom any and all costs, claims or IiabiIity, including but not I i mi ted to reasonabl a attorneys fees ari si ng from any personal i nj ury, asci dents, negli gene or damage rel ati ng to the Property, or any clai m thereof, unl ess due to the negl i gene of Grantee or i is agents, i n whi ch case Ii ad I ity shal I be apporti oned aceordi ngly. 18. Extinguishment of Development Rights. Except as otherwise reserved to the Grantor in this Easement, all non-agricultural development rights appurtenant to the Property are hereby released,termi nated and exti ngui shed, and may not be used on or transferred to any portion of the Property as it now or hereafter may be bounded or described, or to any other property adjacent or otherwise, or used for the purpose of calculating perm ssi bi a lot yi el d of the Property or any other property. 19. Baseline Documentation. By its execution of this Easement, Grantee acknowledges that the present uses of, and related structures and'i m provements on the Property are permitted by this Easement. In order to evidence the present condition of the Property so as to faciI itate f uture monitori ng and enforcement of this Easement, a Baseline Documentation Report, including relevant mapsand photographs, describing Page 10 of 17 April 17,2013 such cordti on at the date hereof, has been prepared and subscribed by both parties, and a copy thereof has been delivered to Grantor and a copy wi 11 be kept on file with Graitea The Report may be used by Grantee to establish that a change in the use or character of the Property has occurred, but its exi stence sf,d I not preclude the use by Grantee of other evidence to establish the condition of the Property as of the date of thi s Easement. 20. Right of I nspecti on. Grantee shall have the right to enter upon the Property with forty-eight (48) hours advance notice to Grantor for the purpose of inspecting for compii ance with the terms of thi s Easement. Such i nspecti on shal I be conducted between the hours of 9 am. and 7 p.m. on a weekday that i s not a legal boli day recognized by the State of New York or at a date and time agreeable to the Grantee and Grantor. In the instance of a violation or suspected violation of the terms of this Easement which has caused or threatens to cause irreparable harm to any of the agricultural or other resources th s Easement is designed to protect, no such advance roti ce i s requi red. Representatives of the New York State Department of Agriculture and Markets shall have the sane right of inspection. 21. Enforcement. If Grantee determinesthat a violation of this Easement has occurred, Grantee shall so notify Grantor, giving Grantor thi rty (30)days to cure the viol ati on. Notwithstanding the foregoing, where Grantee in Granteds sole discretion determines that an ongoing or threatened violation could irreversibly diminish or impair the Purpose of this Easement, Grantee may bring an action to enjoin the vi of ati on, ex parte if necessary,through temporay or permanent i nj uncti on. I n add tion to i nj unctive relief, Grantee shall be entitled to seek the following remedes in the event of a A of ati on: (a)money damages, i ncl u di ng damages for the I oss cf the resources protected under the Purpose of this Easement; and(b) restoration of the Property to its conte ti on existi rig prior to such vi olati on. Sai d renecles shal I be cumulative and shat l be in adclition to all remed es now or hereafter existi ng at I aw or i n equi ty. In any case where a court finds theta violation has occurred, Grantor shat l reimburse Grantee for all its expenses i"carred in stopping and correcti ng the vi of ati on, includi ng, but not Iimited to, reasonable attorneys fees. The failure of Grantee to discover aviolation or to take i mmed ate legal action shat I not bar Grantee from doing so at a later time In any case where a ,court finds no violation has occurred, each party shall bear its own costs. 22.Transfer of Easement. Grantee shall have the right to transfer this Easement to any private non-governmental organization or public agency that, at the time of transfer i s a"public c body" or u not-for-profit conservation organization" as defined by Article 49 of New York State Environmental Conservation Law or "qualified organization° under Sect on 170(h) of the Code, provided the transferee expressly agrees to assume the responsibility imposed on Grantee by this Easement. If Grantee ever ceases to exist Page 11 of 17 T A pri 117,2013 or qualify under Article49 of New York State,Environmental Conservation Law and Section 170(h)of the Code, a court of competent j uri soli cti on shat I transfer th s Easement to another qualifi ed organization havi ng Simi lar purposes that agrees to assume the responsi bi lities i mposed by this Easement. Grantor and the New York State Department of Agriculture and Markets must be notifi ed in writing in advance of any such transfer. The Department o€Agri culture and,M arkets must approve the choice of any new non-govemmental organization or public agency desi"ed as "Grantee and shall not unreasonably withhold or delay such approval. 23.Transfer of Property. Any subsequent conveyance, including,without I i mi tati on, transfer, lease or mortgage of the Property,shall be subject to this Easement, and any deed or other instrument evidencing or effecting such conveyance steal I contain language substantial I y as fol lows: "This(conveyance, lease, mortgage,easement, etc.) is%4ect to a Conservation Easement which runs with the land and whi ch was granted to by i nstrument dated , and recorded 1 n the office of the Clerk of Suffolk County at Liber Pace Grantor shall notify Grantee and the New Y ork State Department of Agri culture and M arkets 1 n writing at least th rty(30) days before conveyi ng the Property, or any pert thereof or i nterest therei n,to any thi rd party. The failure to,notify Grantee or New York State Deportment of Agriculture and M akets or to include said language in any deed or instrument shall not, however, affect the validity'or applicability of this Easement to the Property or limit its enforceability in any way. 24.A lienation N o property ri ghts acqui red by Grantee hereunder shat I be al i enated except pursuant to the provisions of Chapter 70 of the Town Code, or any successor chapter, following a public-hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provi si ons of the Town Code shall alter the li mitati ons placed upon the alienation of these property rights or i nterests whi ch were acqui red by the Town prior to any such amendment. 25.Amendment of Easement. This Easement may be amended only with the written consent of Grantee and current Grantor, and with the approval of the New York State Dexdrr eat of Agriculture and M arkets.A ny such amendment shall be consistent with the Purpose of this Easement and shall comply with the Environmental Conservation Law'or any regulations promulgated thereunder, and shall not unreasomdy restrict or regulate farm operations in contravention of the purposes of Article 25- A A of the Agri culture and M arkets Law or such successor I aw as enacted or aged. A ny such amendment to this Easement shal I be duly recorded. 26. Extinguishment of Easement. At the mutual request of Grantor, Grantee, and the New York State Department of Agriculture,and M akets, a court with j uri sdi cti on may, if it deterni nes that conditions surrounding the Property have changed so much that it becomes i mposs bl a to f ulfi I l the Purpose of th s Est descri bed i n Secti on 2("Purpose'), exti ngui sh or mods fy th s Easement i n accordancewi th appl i cable law. Page 12 of 17 April 17, 2013 1 n that case; the mere cessation of farmi ng on the Property she[I not be construed to be grounds for exti ngui shment of thi s Easement. N otwithstard ng the foregoi ng, if conderrnati on by exerci se of the power of emi nent.domai n, make i mposs bie the conti nued use of the Property for the Purpose of thi s Easement as descri bed in Section 2("Purpose') herein,the restrictions maybe extinguished by j ud d al proceeding. In either case, upon any went sale, exchange or involuntary conversion by the Grantor,Grantee shall be entitled to a portion of the proceeds from any subsequent sale or other disposition of the Property, or title i nsurance proceeds., i n accordance with Section 27("Proceeds') herein. I n the event that Grantor reteinsthe Property subsequent to any such extinguish meat or partial exti ngui shment, Grantee shat I be enti ti ed to recei ve from Grantor an amount equal to the fai r market value of the Property or a portion of the Property as to which the esti ngui shment applies timesthe percentage determined under Secti on 27. 27. Proceeds. The grant of this Easement gives rise to a property right, immediately vested in Grantee;which, for purposes of cal cul ati ng val ue i n the event of any such exti ngui shment or pati al exti ngui shment or proceeds from a sale or other di sposition of the Property as contempl ated under Sect on 26 ("Exti ngui shme nt of Easement"),shal I hate a val ue equal to a percentage of the veil ue of the Property unencumbered by this Easement (the"Proportionate Share'). The Proporti onate Share i s determi ned by d vi d rig the val ue of this Easement,calcul ated as of the date hereof, by the unencumbered value of the Property, also calculated as of the date hereof. The Proportionate Share is %. The Proporti onate Share shat I remain constant(subject to reasonable acl ustment to the extent permi ssi bi a under Sect on 170(h) of the I nternal Revenue Code for any improvements whi ch may hereafter be made on the Property). With regard to the porti on of such Proportionate Share equal to that paid usi ng State Farmland Protecti on Program Grant f urs, Grantees agree to use such portion i n a,manner cons stent with the primary Purpose of this Easement; to enable land to remai n in active agricultural and forestry use. Prior to such re-use, Grantee must notify the New York State Department of Agriculture and M arkets. 28. 1 nterpretation. This Easement steal l be i nterpreted under the laws of the State of New York, or federal law, as appropriate. A ny general rul a of construct!on to the contrary notwithstandi ng, tN s Easement shat I b6 I i beral I y construed to affect the Purpose of this Easement. If any provision i n thi s Easernerrt i s found to be ambiguous, an i nterpretation coni stent with the Purpose of this Easement that would render the provision valid shall befavored over any interpretation that would render it invalid. 29. Successors. r Page 13 of 17 April 17,2013 Every provision of this Easement that applies to Grantor or Grantee shall also apply to their respective agents, heirsy executors, administrators, assigns, and other successors in interest, and shall continue as a servitude running in perpetuity with the Property. 30. Severability. Invalidity of any of the covenants,terms or conditions of this Easement, or any part thereof, by courtorder orjudgment small in noway affect thevalidity of arty of theother provisions hereof which shall remain in full force and effect. 31. Notices. Any notice required or desired to be given under this Easement shall be in writing and shall be sent (i) by personal delivery, (ii)via registered or certified mail, return receipt requested,or(iii)via Federal Expressor other private courier of national reputation providing written evidence of delivery. Notice shall be deemed given upon receipt in the case of personal delivery, and three(3) business days after same is delivered to a post offi ce or deposited in an official depository under the exclusive care and custody of the United States Postal Service. A 11 notices shal I be properly addressed as follows. (a)if to Grantee, at the address set forth above; (b)if to Grantor,at the address set forth above; (c)if to any subsequent owner, at the address of the Property; or(d)if to New York State Department of Agri culture and Markets, 10B Airline Drive,A I bany, New York 12235.Any party can charge the address to which roti ces are to be sent to him;her or it by duly giving notice pursuant to this Section. 32.Title. The Grantor covenants and represents that the Grantor is the sole owner and i s seized of the Property in fee simple and has good right to grant and convey the aforesaid Easement;that the Property is free and clear of any and all mortgages not subordinated to this Easement, and that the Grantee shalI have the use of and enjoyment of the beWits derived from and existing out of the aforesaid Easement. 33. Subsequent L lens on Property. N o provi si ons of th s Easement should be construed as i mpai ri ng the ad I ity of Grantor to use th s Property,or a portion thereof encompassing entire separately deeded parcels, as collateral for a subsequent borrowi ng.A ny subsequent I ens on the Property must be subord nate to th s Easement. 34. Subsequent Encumbrances The rant of any easements or use restri cti ons i s prohi bi ted,except with the permi ss on of Grantee. A ny future encumbrances steal I be consistent wi th the pri mart'Purpose of th s Easement and shat I not unreasonably restri ct or regul ate farm operations i n contraventi on of the purposes of A rti cl a 25- AA of the Agriculture and M arkets Law. 35. Grantor's Environmental Warranty. Grantor warrants that it has no actual knowledge of a rel ease or threatened release of hazardous substances or wastes on the Property, as such substances and wastes are deri ned by appl i cable Page 14 of 17 r , t A pri 117,2013 law, and hereby prornisesto hold harmless, defend, and indemnify Grantee and New York State Department of Agriculture and Markets age nst and from, any and all loss, cost, clam(without regard to its merit), liability or expense(i ncluding reasonable attorneys'fees)arising from or with respect to any release of hazardouswaste or violation of environmental laws, I f at any time after the effective date of th s Easement there occurs a rel ea9e i n, on, or about the property of arty substance now or hereafter defined, listed, or otherwise classified pursuant to any federal,state, or local law, regulation, or requirement as hazardous,toxic, polluting, or otherwise contaminating to the air,water, or soi I, or in any way h-armful or threatening to human health or the environment, Grantor agrees to take all steps that may be required under federal, states or local law necessary to assure its containment and remediation, including any cleanup_ Nothing in this Easement shall be construed,as givi ng ri se to any right or abi I ity in Grantee, or the New York State Department of Agriculture and M arketsto exercise physical or management control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwi se to become an operator or granger with respect to the Property with n the meaning of The Comprehensive Environmentai Response, Compensation, and Liability Act of 1980, as amended("CERCLA") or any corresponding state and local statute or ordnance. 36. Duration of Easement. Except as expressly otherwi se provided herei n,th s Easement shat I be of perpetual duration, and no merges-of title, estate or interest shall be deemed effected by any previous; contemporaneous, or subsequent deed, grant,or assignment of an interest or estate in the Property, or any portion thereof, to Grantee, it being the express i ntent of the parties that this Easement not be exti ngui shed by, or merged into, any other interest or estate in the Property now or hereafter held by Grantee. 37. EntireAgreement. This instrument sets forth the entire agreement of the parts es with respect to the Easement and supersedes al l pri or di scussions, negotiati orns, understate ngs and agreements relating to the Easement, al I of w ch are merged herei n. No alterati on or vari ati on of this i ristrument shal I be vali d or bi nd ng unl ess conte ned i n an amencinient that comps i es wi th Secti on 25 ("A mend dent of Easerneff). 38. Waiver. Nowaver by Grantee of any default, or breach hereunder,whether intentional or not, shad be deemed to extendto any prior or subsequent default or breach hereunder or affect in any way any rights arising ng by virtue of any prior o�subsequent such occurrence. No waver steal I be bi ndi ng uni ess executed i n wri ti ng by Grantee. 39. Binding Effect. The provisions of this Easement shall run with the Property in perpetuity and shall bind and be enforceable against the Grantor and all future owners and any party entitled to possess or use the Property or any portion thereof while such party is the owner-or entitled to possession or Page 15 of 17 e° April 17, 2013 use thereof. Notwithstanding the foregoing, upon any transfer of title, the transferor shall, with respect.to the Property transferred cease being a Grantor or owner with respect to such Property for purposes of this Easement and shall, with respect to the Property transferred, have no further responsibility, rights or liability hereunder for acts done or conditions arising thereafter on or with respect to such Property, but the traWeror shall remain I i abl a for earlier acts and conditions done or occurri ng dud ng the period of hi s or her ownersh p or conduct. 40. Captions The captions i n this instrument have been inserted solely for convenience of reference and are not a part of thi s i nstrument and shal I have no effect upon construct on or i nterpretati on. I N WI T N ESS W H E REO F, Grantor and Grantee, i ntend ng to be legal I y bound hereby, have hereunto set thei r hands on the date first above written. MAARATOOKA NORTH, LLC Grantor: By: , M anagi ng Member TOWN OF SOUTHOLD Grantee. ` By: SCOTT A. RUSSELL, Supervisor State of New York ) County of ), ss: On the day of i n the year 2013 before me,the undersi gned, personal ly appeared , personally known tome or proved to me on the basis of satisfactory evi dente to be the individual (s)whose name(s)is(are)subscribed to the within. i ristrument and acknowl edged to me that he+sWthey executed the same in h s(her/thei r capacity(i es), and that by his/her/their signatures) on the instrument, the i ncividual(s), or the person upon behalf of which the i ndi v i dual(s) acted, executed the instrument. Signature/office of individual taking acknowledgement State of New York ) Page 16 of 17 t , April 17, 2013 County of ), ss: On the day of i n the year 2013 before me,the undersi gned, personal ly appeared ScottA. Russell, personally known tome or proved tome on the bass of satisfactory evidence to be the i ndivi dual (s)whose name(s) is(are) subscribed to the with n i nstrument and acknowledged tome that he/shelthey executed the same in his/her/their capacity (ies), and that by ha/her/their signature(s) on the instrument,the i rdividual(s), or the person upon behalf of which the i ndivi duals)acted, executed the i nstrument Signature/office of individual taking acknowledgement State of New York ) County of ), ss: On the day of i n the year 2013 before me, the undersi gned, personal I appeared . personal I y known tome or proved to me on the basis of satisfactory evi dente to be the i ndividual (s)whose name(s)is(are)subscribed to the withi n instrument and acknowledged to me that hershe/they executed the same in hiis(her/tha r capacity (i es), and that by hi sJhPa-/the r si gnature(s)on the i nstrument,the i ndivi dual(s), or the person upon behalf of which the i ndivi dual(s) acted, executed the instrument. Signature/office of i nclivi dual taki ng acknowledgement Page 17 of 17 ti �ga►9 SUBJECT PREMISES AWN ROM NYS W 25 c m KEY Y MAP SCALE 19t= 1 CCC' �o '511 , Vv .5b V V1 -LV• Ul� Q' C.1 40 SUBJECT PREMISES ANN ROAD NYS Rf 25 T C h1 KEY MAP SCALE 1 "= 1 000' DFCEff UN JUN 2 1 201 3��.,�IJ ^� Ln LIN a Jo �'" to v U fu _A L��rl G� yO� SUBJECT PREMISES MAIN ROAD NYS RT 25 n z 0 --� i o � o r o m c � m KEY MAP SCALE 1 "= 1000' 6-�� W - ' �O�V�FO��-CO MAELING ADDRESS: PLANNIIITG BOARD MEMBERS � Gy P.O.Box 1179' JERILYN B.WOODHOUSE b Southold,NY 11871 Chair y' • O�CCE10Cwn Hall ON : JOSEPH TOWNSRND 4% � 54375 State,Route 25 KENNETH L.EDWARDS (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold,NY GEORGE D. SOLOMON Telephone:631765-1938 Faa_± 68176b-3136 - PLANNIIN+G BOARD OFFICE TOWN OF SOUTHOLD DEC - 6 2010 Application for Sketch Approval APPLICATION IS HEREBY MADE to the Town of Southold PIanning Board for SKETCH APPROVAL for the subdivision described herein. 1. Name of Subdivision M,4KA_rCC <A IJ ORTJ4 ObA- 2. Suffolk County Tax Map# 1 O OC) S Z —fin 3. Type of Subdivision Standard [ j Conservation [ ] 4. Hamlet M A 4+-t u cm 5. 'Street Address/ [ 4 O 5 RD C,k Project'Location 6. Acreage of Site 22, j+ 92;0' p$T/. 1 7. Proposed Yield _ wlo rte) Lo-K -r- ovnsp t21l -rt,�J a2ec,_ 8. Number of Lots Proposed -ihlO'C22) LO+5 + e a_hS,P_g Vel-#roll C-Rw- 9. Zoning District - C 10. Date of Submission 11. Please provide the names, addresses and phone numbers for the following people: Applicant: p�� �-� LLIC 5 a 16) Agent: 1 C•'.05.5 E5 In Property Owner(s): S-AM-Q. f45 C -- Surveyor: W M3 "rTa_44 rokOdh U �P O'3ox LCs Engineer: #.7 01Jp Attorney: jQ1 C. sS F S a�► 'Rs�ss `dos LLQ' 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. MO . 14.Has the owner/ap licant met with Land Preservation? If so, provide date. -2 Coin.-r&6 — r . 4nkK '-g. )zoq - 15. Is any part of the property in agricultural use? 16. Is there an existing or proposed sale of development rights on the property? Vt6 i 17. Does the owner own any adjacent properties? If so,please indicate the properties by SCTM#. 18. Are there any building permits currently pending on this property? If yes,please provide permit number(s). W01 19.The site will be serviced by the following special districts or utility companies; Fire District Post Office �YVI A4-k-ht CA School Districts Water 20. Has LIPA or Keyspan been notified of the proposed subdivision? If so,please provide proof that service will be provided.__ 21 Please indicate the type of open space proposed and how it will be managed? 1 V- 3L4M CL a V O� 22.Are there any existing structures on the properly? If so,please indicate the type of structure and its use(s). Will these structures remain,be removed or altered? +tio-s-laczy -wo04 -,Fr rK e- r MAr ,h-,ate L iy Lhg Ej2dP—Ae.R.5 S 2c � ss zes'ASte_r"�8 C ki.h UV aJL4e" 4e _ ,, "Jc�t. t C7�Q_ n-ft^�! Tr-la-g [ t t 23.Based on the parcel yield and the affordable housing requirement of the Town Code, how many Moderate Income Family Dwelling Units are proposed? If the number that will be built is less than 25%of the yield,please indicate how you intend on satisfying the requirement. 24.Application completed by [ ] owner Wgen [ ] other Signature of Preparer � Date?*O MAILING ADDRESS: PLANNING BOARD MEMBERS _a`�`riF soar P.O.Box 1179 DONALD J.WILCENSKI O�� y�l Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III MARTIN H.SIDOR (cor.Main Rd. &Youngs Ave.) `'�U � Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Suffolk County Planning Commission From: Alyxandra Sabatino P 5 Date: June 6, 2013 Re: Maaratooka North, LLC Open Development Area: SEQR Lead Agency Request The purpose of this request is to determine lead agency and coordinate review under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617. Please provide the following, as applicable. Please provide your interest in assuming the responsibilities of lead agency under SEQR. The lead agency will determine the need for an Environmental Impact Statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. The following page contains information pertaining to the project under review. For further information, please feel free to contact this office. Planning Board Position: (x) This agency wishes to assume lead agency status for this action. Comments: This proposed Open Development Area (ODA) will create a development area of 4.5 acres in a 22.5-acre parcel with the future potential to be subdivided into a maximum of 3 residential lots and one 18-acre protected farmland parcel in the AC Zoning District. 1 Project Name: Maaratooka North, LLC Address: The property is located on the north side of NYS Rt. 25, approximately 1,185' east of Mill Lane, in Mattituck. Tax Map #: 1000-115-2-6 SEQRA Classification: ( ) Type I ( ) Type 11 (X) Unlisted Contact Person: Alyxandra Sabatino Planner Southold Town Planning Board (631) 765-1938 Enclosures: ODA Subdivision Plat ODA Subdivision,Application 2 ' ` MAILING ADDRESS: PLANNING BOARD MEMBERS w`OF SOU,, P.O.Box 1179 DONALD J.WILCENS19 O�`v y�lSouthold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.)" MARTIN H.SIDOR `OUNON Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 4, 2013 Daniel C. Ross, Esq. P.O. Box 146 Mattituck, NY 11952 Re: Sketch Plan Approval - Proposed Open Development Area Maaratooka North Located at 17405 Route 25, Mattituck SCTM#1000-115-2-6 Zoning District: A-C Dear Mr. Ross: The Southold Town Planning Board, at a meeting held on Monday, June 3, 2013, adopted the following resolution: WHEREAS, this proposed Open Development Area (ODA) will create a development area of 4.5 acres in a 22.5-acre parcel with the future potential to be subdivided into a maximum of 3 residential lots and one 18-acre protected farmland parcel in the A-C Zoning District; and WHEREAS, the New York State Department of Agriculture and Markets is partially funding the Town of Southold's purchase of Development Rights Easement on the Filed Miscellaneous Map through grant Contract No. C800753; and WHEREAS, the New York State Department of Agriculture and Markets has conditioned the grant funding to restrict the future subdivision of the Open Development Area to one lot not to exceed one acre in area; and WHEREAS, there shall be no subdivision of the property except for one lot that shall be located in the Open Development Area. The lot shall not be greater than one acre and the design of the lot shall be subject to a formal subdivision approval of the Southold Town Planning Board; and WHEREAS, fee title ownership of the portion of the Open Development Area that is not included in the permitted lot, shall not be separated from the Easement Area. The i Maaratooka North, LLC Page Two June 4, 2013 portion of the Open Development Area that is not included in the permitted lot shall retain the right of two permitted or special exception uses, so long as those uses do not require further subdivision and subject to any additional Town approval required by Chapter 280 of the Town Code; and WHEREAS, on December 3, 2010, the agent submitted a Sketch Plan Application along with other required material for submission pursuant to §Article V Sketch Plat Review; and WHEREAS, on January 3, 2011, the agent submitted a required Sketch Plan Fee in the amount of$500.00; and WHEREAS, on January 10, 2011, the Southold Town Planning Board reviewed and accepted the above-referenced application and asked for clarifications to be made regarding the reserved area note; and WHEREAS, on June 29, 2011, the Southold Town Planning Board reviewed the application at their Work Session and requested changes to the map; and WHEREAS, on October 11, 2012, the agent submitted a revised copy of the map with the changes requested; and WHEREAS, on November 15, 2012, the agent submitted correspondence regarding I additional restrictions required by New York State and an unexecuted proposed deed containing NYS required restrictions; and WHEREAS, on November 19, 2012, the public hearing was held and closed; and WHEREAS, on December 3, 2012, the Planning Board reviewed the Draft Covenants and Restrictions and the revised maps;,and WHEREAS, on December 19, 2012, the agent submitted three copies of the map with the requested changes; and WHEREAS, on May 31, 2013, the agent submitted a copy of the Covenants and Restrictions filed with the Office of the County Clerk, Liber D00012731 and Page 519; and WHEREAS, the submitted application meets all the requirements for Sketch Approval pursuant to Article V Sketch Plat Review; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Sketch Plan Approval upon the map entitled "Maaratooka North, LLC Open Development Area", dated June 20, 2010 and last revised November 5, 2012, prepared by Nathan Taft Corwin, III, Land Surveyor. Maaratooka North, LLC Page Three June 4, 2013 Note that specifics regarding map changes, content of the Covenants and Restrictions, other legal documents and submission requirements needed for subdivision approval will be provided to the applicant by the Planning Board upon completion of the Environmental Review and receipt of comments from other involved agencies. The applicant is advised that lot design changes may be required prior to Final Plat Approval. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J. Wilcenski Chairman I cc: Town Board Melissa Spiro, Land Preservation Coordinator PT �9 Sabatino, Alyxandra K. From: Daniel C. Ross <dross@keeganlaw.us> Sent: Friday, May 31, 2013 4:20 PM To: Sabatino,Alyxandra K. Subject: Re: Maaratooka Attachments: C&RTownCertified..pdf I am attaching the certified copy of the recorded C&Rs. On Fri, May 31, 2013 at 9:47 AM, Daniel C. Ross <dross(t�keeganlaw.us>wrote: from: Daniel C. Ross <dross a,keeganlaw.us> e to: "Sabatino, Alyxandra K." <alyxandra.sabatinoa,town.southold.ny.us> cc: "Spiro, Melissa" <Melissa.Spirogtown.southold.nv.us> date: May 31, 2013 VFJ C FI E 0 subject: Re: Maaratooka N - ,9)2 013 Southold Town Planning Department soulhold Town Planning Board Att: Ms. Alyxandra Sabatino <al xandra.sabatinontown.southold. Town Hall Annex Building 54375 Route 25, P.O. Box 1179 Southold,New York 11971 Re: Maaratooka North, LLC ODA Subdivision Development Rights Purchase and Sale Agreement and ODA Subdivision Premises: 17405 Route 25, Mattituck,NY, S/C/T/M#: 1000/115/02/006 Dear Ms. Sabatino Herewith please find the C&Rs executed by Eric Keil.on behald of the LLC. I am trying to record them today but in the meantime full speed ahead. Daniel C. Ross cc: Melissa Spiro, Land Preservation Coordinator L/real/alcl/Keil-townDR/P1anBrd-Ltr 10-EMail. Daniel C. Ross, Esq. Keegan&Keegan, Ross &Rosner, LLP 315 Westphalia Avenue P.O. Box 146 Mattituck, NY 11952 I CC#: C13-23449 s�A 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 DECLARATION recorded in my office on 05/31/2013 under Liber D00012731 and Page 519 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 seat of said County and Court this 05/3112013 SUFFOLK COUNTY CLERK -�- Q. �cte cct 2 .1 JUDITH A.PASCALE SEAL, N!llli!IIII lllil lull!1111 IIlII IIlII I!!!I IIIb lll!I!!I - I I!!I!I!1111 lilll 1111 i!!I • SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 05/31/2013 Number of Pages: 9 At: 12 :50:31 PM Receipt Number : 13-0065406• LIBER: D00012731 PAGE : 519 District: Section: Block: Lot: 1000 115.-00 02 .00 006.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt ' Exempt Page/Filing $45 .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 $11 .25 NO RPT $60 .00 NO Fees Paid $161 .25 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 2 ' Number of pages / RECORDED 013 Piay 31 12:50:31 F11 JUDIT14 A. P'ASCALE This document will be public CLERr OF 51JFFOLI, COUH T Y record. Please remove all L DO0111zr-1 Social Security Numbers ° 519 prior to recording. Deed I Mortgage Instrument Deed 1 Mortgage Tax Stamp Recording/filing Stamps 3 FEES Page/Filing Fee ���' r""` Mortgage Amt. Handling � i 00 1. Basic Tax � 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17(County) Sub Total- Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. lrr.e 6 Dual Town Dual County Held for Appointment Comm.of Ed. 5. 00 if Transfer Tax Affidavit Q%.o Oft Mansion Tax The property covered b this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. —" Sub Total Other XES or NO AQ/ I Grand Total ��Q F A If NO,see appropriate tax clause on _- - --- - - - pagU-# -of this ir[strument. --- - G 4 Dist�� 2493589 1000 11500 0200 006000 S Community Preservation Fuad Real Proper) RL WI A iiiiiiiiilMillillillillillillilllI Consideration Amount$ Tax Service Agency 31-MAY-1 CPF Tax Due $ Verification Improved — 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD-&RETURN TO: ' Vacant Land TD TD Mail to:Judith A. Pascale, Suffolk County Clerk 7F Title Company Information 310 Center Drive, Riverhead, NY 11901 Co,Name:R r\64 k -rd 4tL 14L5•Co- www.suffolkcountyny.gov/clerk Title# F 11---1+6y _ £Sfo7+5 30FF 8 Suffolk Countv Recordin & Endorsement Page This page forms part of the attached Ile eAKAW 0.4 D LIA-6s kR -1&C terry 5 made by: (SPECIFY TYPE OF INSTRUMENT) �L)0� , LLC The premises herein is situated in SUFFOLK COUNTY,NEW YORK. l TO In the TOWN of suCJ--it,j In the VILLAGE I/ or HAMLET of ZhAi - BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this"E day of May, 2013, by Maaratooka North, LLC, with principal place of business at 30 East Gate Drive, Huntington, New York 11743 hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of a 22.5 acre parcel (SCTM # 1000- 115.00-02.00-006.000) located on 17405 Route 25, Mattituck, Town of Southold, County of Suffolk, State of New York, more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the "Property"); and WHEREAS, the Declarant has made an application to the Planning Board of the Town of Southold to create an open development area pursuant to Article Vlll of Chapter 240 of the Town of Southold Town Code as shown on the Map entitled "Maaratooka North, LLC Open Development Area" (hereinafter "Filed Miscellaneous Map"), prepared by Nathan Taft Corwin III, Land Surveyor, dated June 20, 2010 last revised November 5, 2012; and WHEREAS, the Filed Miscellaneous Map includes an 18 acre portion of the Property designated as the Development Rights Easement Area (hereinafter "Easement Area") which was required to be preserved for agricultural purposes as part of the Town Code requirements for an ODA, and a 4.5 acre portion of the Property designated as the Open Development Area (hereinafter the "ODA"); and WHEREAS, this 4.5 acre ODA meets the minimum bulk schedule of 80,000 square feet per lot for three lots in the Agricultural Conservation zoning district. The minimum bulk schedule calls for 80,000 square feet per lot, and in this case requires a minimum of 5.51 acres for three lots. The adjacent Development Rights Easement Area contains 1.01 acres of the required 5.51 acres preserved as subdivision open space. 1 t Subdivision open space is the land required to be preserved as a result of the Planning Board creating lots, or in this case, open development areas, that are smaller than the zoning requires for lot sizes; and WHEREAS, the 1.01 acre of subdivision open space is included in the 18-acre preserved Easement Area. The Town will purchase the development rights from the landowner for 16.99 of the 18 acre Easement Area. The 1.01 acre of subdivision open space has no development rights value because its development rights are associated with the 4.5-acre ODA, and was required to be set aside as preserved land. The subdivision open space (1.01 acres) is set aside as part of the Easement Area so that a potential future lot can be created in the ODA at a size less than the required minimum lot size (80,000 square feet) in effect for the Property at the time this document was recorded; and , - WHEREAS, for and in consideration of the granting of said open development area application for the Property, as shown on the Filed Miscellaneous Map, and as a - condition of granting said approval, the Town of Southold Planning Board has required-' that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the New York State Department of Agriculture and Markets is partially funding the Town of Southold's purchase of a development rights easement over the Easement Area on the Filed Miscellaneous Map through grant contract no. C800753; and WHEREAS, the New York State Department of Agriculture and Markets has conditioned the grant funding to restrict the future subdivision of the ODA to one lot not to exceed one acre in area, among other things, and the DECLARANT has agreed to this condition; and 2 WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above,' expressed, does hereby make known, admit, publish, covenant and.agree that the said 'premises herein described shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1, There shall be no subdivision of the property except for one lot that shall be located in the ODA. The lot shall not be greater than one acre and the design of the lot shall be subject to a formal subdivision approval of the Southold Town Planning Board. 2. A perpetual right, for purposes of ingress and egress, shall be reserved to the 18 acre Easement Area from the Main Road (NYS Route 25). This right of ingress and egress shall not traverse through the permitted lot. 3. Fee title ownership of the portion of the ODA that is not included in the permitted lot, shall not be separated from the Easement Area. The portion of the ODA that is not included in the permitted lot shall retain the right of two permitted or special exception uses, so long as those uses do not require further subdivision and subject to any additional Town approval required by Chapter 280 of the Town Code. 3 i 4. Future owners are advised that the property is subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 5. All stormwater run-off resulting from the development of the property on the Filed Miscellaneous Map shall be retained on site and shall be the responsibility of each future property owner. 6. Utilities, including but not limited to electric, gas, telephone and television, must be located underground. 7. In the event that the Development Rights sale is not completed pursuant to the Filed Map and a copy of the recorded Deed of Development Rights Easement is not submitted to the Town of Southold Planning Department, the Planning Board's approval of the Open Development Area shall no longer be valid; The within Covenants and Restrictions shall run with the land in perpetuity and shall be binding upon the 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. 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. 4 r The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York by injunctive relief or , by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. 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. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth herein. That the within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT and its successors and assigns, and upon all v persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the,premises: IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. DECLARANT: MAARATOOKA NORTH, LLC E C L, Member 5 <A STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On this day of `� , in the year 2013, before me personally appeared ERIC D. KEIL, known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf ich the indivi instrument. , executed the Notary Public DANIEL C.jq()6& Ppbftf ftioof Now Yid No.4WI76 OWN"in $Uft* Goer misshm Expirm AW 399 6 ;1a SCHEDULE A-I (Description) ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a concrete monument on the Northerly'side of Main Road, N.Y.S. Route 25, at the Southwesterly corner of the premises herein described and the southeasterly corner of land now or formerly of Ruland; said monument being also distant easterly a tie distance of 1185 feet more or less, from the corner formed by the intersection of the easterly side of Mill Lane and the northerly side of Main Road; RUNNING THENCE South 87 degrees 36 minutes 20 seconds East along said northerly side of Main Road,322.11 feet; RUNNING THENCE North 02 degrees 23 minutes 40 seconds East, 135.00 feet; 4 - RUNNING THENCE South 87 degrees 36 minutes 20 seconds East, 93.15 feet to land now or formerly of Sidor; RUNNING THENCE North 20 degrees 20 minutes 35 seconds West along said land now or formerly of Sidor, 2467.15 feet to a monument and the southerly-line of Long Island Railroad (MTA); RUNNING THENCE South 61 degrees 06 minutes 38 seconds West along said southerly line of the Long Island Railroad (MTA),365.77 feet to land now or formerly of Ruland first mentioned above; RUNNING THENCE South 18 degrees 34 minutes 22 seconds East along said land now or formerly of Ruland, 2377.93 feet to the northerly side of Main Road and the point or place of BEGINNING .F r9 -DECLARATION OF COVENANTS AND RESTRICTIONS MAARATOOKA NORTH, LLC 17405 Route 25 , Mattituok Town of Southold, County of Suffolk, State of New York SCTM#1000-115.00-02-00-006.000 Page 1 of 2 Sabatino, Alyxandra K. From: Sabatino, Alyxandra K. Sent: Monday, December 24, 2012 8:58 AM To: 'Daniel C. Ross' Subject: RE: Maaratooka revised C&Rs Good Morning Dan, Yes, everything is all set. We now are dust waiting for the state. Once Land Preservation and the State finalize everything, the C&Rs must be filed with the County Clerk before the Planning Board can grant Sketch Approval. Please keep in mind that you must also petition the Town Board to grant the ODA. The steps for doing so are outlined in the Town Code section 240-28 Submission Requirements. If you have any questions, please call Happy Holidays! Thanks, Aly Alyxandra K. Sabatino Southold Town Planning Department 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Phone: (631)765-1938 From: Daniel C. Ross [mailto:d ross@ keegan law.us] Sent: Tuesday, December 18, 2012 4:33 PM To: Sabatino, Alyxandra K. Subject: Re: Maaratooka revised C&Rs Ally, I picked up the Maaratooka Map from Corwin. Are we all set? I will get the map done to you. All on Board with the Town C&Rs - right? Does Albany want us to do four umbrella steps now? Tell me if there is anything left that needs to be done. On Wed, Dec 12, 2012 at 5:06 PM, Daniel C. Ross<dross(�kee anlaw.us>wrote: The C&Rs are OK with me. I spoke with Eric Keil (he was in NYC to-pick up his son) and he is going to look at them andwill call Melissa tomorrow. Contact me if that does not happen. I am awaiting maps with the two changes from Nathan Corwin. On Tue, Dec 11, 2012 at 8:59 AM, Sabatino, Alyxandra K. <alyxandra.sabatinogtown.southold.n v�us>wrote: Good Morning Dan and Eric, Attached are the revised C&Rs that have been adjusted to include the use language (shown in clause 3). Both clauses regarding the use of synthetic fertilizers and the pervious driveway material have been removed. Please review this revised draft and let me know what you think. Thanks, Aly Alyxandra K. Sabatino Southold Town Planning Department 53095 Route 25 P.O. Box 1179 4/12/2013 Page 2 of 2 Southold, NY 11971 Phone: (631)765-1938 Daniel C. Ross, Esq. Keegan &Keegan, Ross &Rosner, LLP 315 Westphalia Avenue P.O. Box 146 Mattituck, NY 11952 Tel: 6:3 1-298-1200; Fax: 6�I-298-4427 Website: KeeganLaw.us E-mail: DRossLvKeeganI.aw.us West End Office:Patchogue The information accompanying this transmission contains information from Keegan &Keegan, Ross & Rosner LLP which is confidential and/or legally privileged.The information is intended only for the individual or entity named in the document. If you are not the intended recipient, you are hereby notified that any disclosure, copying, transmission, distribution, or taking of any action in reliance of the contents of this transmission is strictly prohibited, and that the information should be purged from all records, notifying our offices of the situation so that we may arrange for the proper distribution of the contents. Daniel C. Ross, Esq. Keegan &Keegan, Ross &Rosner, LLP 315 Westphalia Avenue P.O. Box 146 Mattituck, NY 11952 Tel: 631-298-1200;Fax: 631-298-4427 Website: Keegan Law.us E-mail: Mossg;KeeganLaw.iis West End Office: Patchogue The information accompanying this transmission contains information from Keegan &Keegan, Ross&Rosner LLP which is confidential and/or legally privileged. The information is intended only for the individual or entity named in the document. If you are not the intended recipient, you are hereby notified that any disclosure, copying, transmission, distribution, or taking of any action in reliance of the contents of this transmission is strictly prohibited, and that the information should be purged from all records, notifying our offices of the situation so that we may arrange for the proper distribution of the contents. 4/12/2013 - Keepan & Keegan, Ross &tosner, LLP -1�0 S� ATTORNEYS AT LAw Thomas J.Keegan Jr. 315 Westphalia Avenue Phone»631.298.1200 Daniel C. Ross Post Office Box 146 Fax»631.298.4427 Jamie G. Rosner Mattituck, New York 11952 Web»www.keeganlaw.us Thomas 1.Keegan(1923-2003) December 19,2012 i a Southold Town Planning Board Att: Ms. Alyxandra Sabatino 3 Town Hall Annex Building 54375 Route 25,P.O. Box 1179 ,. Southold,New York 11971 s Re: Maaratooka North,LLC ODA Subdivision Development Rights Purchase and Sale Agreement and ODA Subdivision i Premises: 17405 Route 25,Mattituck,NY, S/C/T/M#: 1000/115/02/006 Dear Ms. Sabatino Enclosed please find three copies of the map with the two changes requested. Please advise if anything further is needed. a Ve *Ro /r I Dani cc: Melissa Spiro, Land Preservation Coordinator L/real/alcl/Keil-townDR/P1anBrd-Ltr9 i1_ li DEC 2 0 2012 Southold Tovdn s Planning QobM a i i ---Western SuffolkOfFice»-Patch ogue;-New York Page 1 of 1 a - Sabatino, Alyxandra K. From: Sabatino, Alyxandra K. Sent: Tuesday, December 11, 2012 9:00 AM To: 'Daniel C. Ross'; ottokeil@aol.com Cc: Spiro, Melissa Subject: Maaratooka revised C&Rs Attachments: Covenants Restrictions Maaratooka 12_3_12.doc Good Morning Dan and Eric, Attached are the revised C&Rs that have been adjusted to include the use language(shown,in,clause 3). Both clauses regarding the use of synthetic fertilizers and the pervious driveway material have been removed. Please review this revised draft and let me know what you think. Thanks, Aly Alyxandra K. Sabatino Southold Town Planning Department 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Phone: (631)765-1938 4/12/2013 DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of , 20_, by Maaratooka North, LLC, presently residing at 30 East Gate Drive, hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of a 22.5 acre parcel (SCTM # 1000-115-02-06) located on 17405 Route 25, Mattituck, Town of Southold, County of Suffolk, State of New York, more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the "Property"); and WHEREAS, the Declarant has made an application to ,the Planning Board of the Town of Southold to create an open development area pursuant to Article VIII of Chapter 240 of the Town of Southold Town Code as shown on the Map entitled "Maaratooka North, LLC Open Development Area" (hereinafter "Filed Miscellaneous Map"), prepared by Nathan Taft Corwin III, Land Surveyor, last dated ; and WHEREAS, the Filed Miscellaneous Map includes an 18 acre portion of the Property designated as the Development Rights Easement Area (hereinafter "Easement Area") which was required to be preserved for agricultural purposes as part of the Town Code requirements for an ODA, and a 4.5 acre portion of the Property designated as the Open Development Area (hereinafter the "ODA"); and WHEREAS, this 4.5 acre ODA meets the minimum bulk schedule of 80,000 square feet per lot for three lots in the Agricultural Conservation zoning district. The minimum bulk schedule calls for 80,000 square feet per lot, and in J { ' I this case requires a minimum of 5.51 acres for three lots. The adjacent Development Rights Easement Area contains 1.01 acres of the required 5.51 acres preserved as subdivision open space. Subdivision open space is the land required to be preserved as a result of the Planning Board creating lots, or in this case, open development areas, that are smaller than the zoning requires for lot sizes; and WHEREAS, the 1.01 acre of subdivision open space is included in the 18- acre preserved Easement Area. The Town will purchase the development rights from the landowner for 16.99 of the 18 acre Easement Area. The 1.01 acre of subdivision open space has no development rights value because its development rights are associated with the 4.5-acre ODA, and was required to be set aside as preserved land. The subdivision open space (1.01 acres) is set aside as part of the Easement Area so that a potential future lot can be created in the ODA at a size less than the required minimum lot size (80,000 square feet) in effect for the Property at the time this document was recorded; and WHEREAS, for and in consideration of the granting of said open development area application for the Property, as shown on the Filed Miscellaneous Map, and as a condition of granting said approval, the Town of Southold Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the New York State Department of Agriculture and Markets is partially funding the Town of Southold's purchase of a development rights 2 easement over the Easement Area on the Filed Miscellaneous Map through grant contract no. C800753; and WHEREAS, the New York State Department of Agriculture and Markets has conditioned the grant funding to restrict the future subdivision of the ODA to one lot not to exceed one acre in area, among other things, and the DECLARANT has agreed to this condition; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. There shall be no subdivision of the property except for one lot that shall be located in the ODA. The lot shall not be greater than one acre and the design of the lot shall be subject to a formal subdivision approval of the Southold Town Planning Board. 2. A perpetual right, for purposes of ingress and egress, shall be reserved to the 18 acre Easement Area from the Main Road (NYS Route 3 25). This right of ingress and egress shall not traverse through the permitted lot. 3. Fee title ownership of the portion of the ODA that is not included in the permitted lot, shall not be separated from the Easement Area. The portion of the ODA that is not included in the permitted lot shall retain the right of two permitted or special exception uses, so long as those uses do not require further subdivision and subject to any additional Town approval required by Chapter 280 of the Town Code. 4. Future owners are advised that the property is subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 5. All stormwater run-off resulting from the development of the property on the Filed Miscellaneous Map shall be retained on site and shall be the responsibility of each future property owner. 6. Utilities, including but not limited to electric, gas, telephone and television, must be located underground. 7. In the event that the Development Rights sale is not completed pursuant to the Filed Map and a copy of the recorded Deed of Development Rights Easement is not submitted to the Town of Southold Planning Department, the Planning Board's approval of the Open Development Area shall no longer be valid; 4 The within Covenants and Restrictions shall run with the land in perpetuity and shall be binding upon the 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. 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. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. 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. 5 f a� The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth herein. That the within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT and 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. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. DECLARANT: By: STATE OF NEW YORK ) ) ss.. COUNTY OF SUFFOLK) On this day of , in the year 20_, before me personally appeared , known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 6 Page 1 of 3 Sabatino, Alyxandra K. From: Daniel C. Ross [dross@keeganlaw.us] Sent: Thursday, December 06, 2012 4:33 PM To: Sabatino, Alyxandra K. , Cc: Spiro, Melissa; ottokeil@aol.com Subject: Re: Maaratooka December 6, 2012 Southold Town Planning Department Att: Ms. Alyxandra Sabatino <alyxandra.sabatino(i�town.southold.ny.us> Town Hall Annex Building 54375 Route 25,P.O. Box 1179 Southold,New York 11971 Re: Maaratooka North, LLC ODA Subdivision Development Rights Purchase and Sale Agreement and ODA Subdivision Premises: 17405 Route 25, Mattituck,NY, S/C/T/M#: 1000/115/02/006 Dear Ms. Sabatino This will acknowledge yours of December 5, 2012. Regarding the Town's propsoed C&Rs our requested changes include: 1. In the Eighth WHEREAS we request the word"additional"in the third line between the words "one" and"lot". 2. A new ninth WHEREAS clause to read as follows: WHEREAS, to preserve the present and acknowledged three lot uses permitted by the town's zoning code for the ODA, following the future subdivision of the ODA, if ever, to provide for the one permitted additional lot, not to exceed one acre,the Town of Southold has agreed that the remaining 3.5 acre lot within the ODA shall have the zoning uses otherwise accorded two such lots for the particular zoning district within which the ODA is located. 3. Item number 3 to read as follows: Fee title ownership of the that portion of the ODA that is not included in the permitted lot, shall not be separated from the fee title ownership of the Easement Area, and shall have the zoning rights otherwise accorded two such lots for the particular zoning district within which the ODA is located. 4. As we discussed, the Keils object to the language set forth in paragraph Ts preamble and also to 7.1 and 7.3. Your comments pointing out that the restrictions in paragraph 7 relate only to residential landscaping and lawns in the ODA area and not to farm and agricultural plantings will be conveyed to the Keils. 5. We need to further discuss the driveway restriction in paragraph 10. 6. We request the Town also execute the C&Rs. 12/10/2012 Page 2 of 3 I will get you corrected maps. Daniel C. Ross cc: Melissa Spiro, Land Preservation Coordinator L/real/alcl/Keil-townDR/PlanBrd-Ltr9-EMail. On Thu, Dec 6, 2012 at 10:31 AM, Sabatino, Alyxandra K. <alvxandra.sabatinoRtown.southold.ny.us> wrote: Good Morning Dan, When you get a chance today, could you call me regarding Maaratooka? I want to discuss the problems that Eric has with the C&Rs. Thanks, Aly Alyxandra K. Sabatino Southold Town Planning Department 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Phone: (631)765-1938 Daniel C. Ross, Esq. Keegan&Keegan, Ross &Rosner, LLP 12/10/2012 Page 3 of 3 315 Westphalia Avenue P.O. Box 146 Mattituck, NY 11952 , Tel:631-298-1200;Fax:631-298-4427 Website: KeeganI.aw.us E-mail: DRoss@FK(TganLaw.us West End Office: Patchogue The information accompanying this transmission contains information from Keegan &Keegan, Ross&Rosner LLP which is confidential and/or legally privileged. The information is intended only for the individual or entity named in the document. If you are not the intended recipient, you are hereby notified that any disclosure, copying, transmission, distribution, or taking of any action in reliance of the contents of this transmission is strictly prohibited, and that the information should be purged from all records, notifying our offices of the situation so that we may arrange for the proper distribution of the contents. 12/10/2012 MAILIN G ADDRESS: PLANNING BOARD MEMBERSP.O.Box 1179 i DONALD J.WILCENSKI O��OF S��ryOl Southold,NY 11971 Chair h OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G ® Q 54375 State Route 25 JAMES H.RICH III MARTIN H.SIDOR (cor.Main Rd.&Youngs Ave.) oU�,� Southold,NY Telephone:631765-1938 Fax:631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 5, 2012 Daniel C. Ross, Esq. PO Box 146 315 Westphalia Avenue Mattituck, NY 11952 Re: Conservation Subdivision/ODA for Maaratooka North, LLP Located at 17405 State Route 25, Mattituck SCTM#: 1000-115-2-6 Zoning District: A-C Dear Mr. Ross: The Southold Town Planning Board reviewed the above-referenced application at their December 3, 2012 Work Session and have agreed to the following: 1. The Covenants and Restrictions have been reviewed and approved (copy attached). 2. Changes to the Plat: (12 paper copies of the revised Sketch Plan are required) a. Remove the 80/60 conservation subdivision calculation and replace it with the correct 75/75 calculation. This Open Development Area (ODA) is a 75/75 conservation subdivision. b. Remove the notations "Lot 1" and "Lot 2" from the plat. The development rights sold easement will remain part,of the same parcel as the open development area. No new lots will be created as a result of this application. 3. After the above changes are made to the plat and the Covenants and Restrictions (C & Rs) have been approved by the NY State Department of Agriculture and Markets, the Planning Board will consider this application for a Sketch Approval Determination at the next Public Meeting. Once Sketch Approval has been granted by the Planning Board the following must be submitted to the Town Clerk to proceed with the ODA: Maaratooka North, LLP Page Two December 5, 2012 a. A completed petition to the Town Board to establish an ODA; b. Three mylar and 12 paper copies of a map prepared to a scale of one inch equals 100 feet; c. A copy of the contract of purchase for the 18 acre development rights easement. Please note that the C & R's will need to be filed with the Suffolk County Clerk prior to the Town Board approval of the ODA. If you have any questions, please do not hesitate to contact this office. Thank you. Very truly yours, O-Qj-� Alyxandra Sabatino "Planner Encl: Covenants and Restrictions DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of , 20 , by Maaratooka North, LLC, presently residing at 30 East Gate Drive, hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of a 22.5 acre parcel (SCTM # 1000-115-02-06) located on 17405.Route 25, Mattituck, Town of Southold, County of Suffolk, State of New York, more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the "Property"); and WHEREAS, the Declarant has made an application to the Planning Board of the Town of Southold to create an open development area pursuant to Article VIII of Chapter 240 of the Town of Southold Town Code as shown on the Map entitled "Maaratooka North, LLC Open Development Area" (hereinafter"Filed Miscellaneous Map"), prepared by Nathan Taft Corwin III, Land Surveyor, last dated ; and WHEREAS, the Filed Miscellaneous Map includes an 18 acre portion of the Property designated as the Development Rights Easement Area (hereinafter "Easement Area") which was required to be preserved for agricultural purposes as part of the Town Code requirements for an ODA, and.a 4.5 acre portion of the Property designated as the Open Development Area (hereinafter the "ODA"); and WHEREAS, this 4.5 acre ODA meets the minimum bulk schedule of 80,000 square feet per lot for three lots in the Agricultural Conservation zoning district. The minimum bulk schedule calls for 80,000 square feet per lot, and in 9 this case requires a minimum of 5.51 acres for three lots. The adjacent Development Rights Easement Area contains 1.01 acres of the required 5.51 acres preserved as subdivision open space. Subdivision open space is the land required to be preserved as a result of the Planning Board creating lots, or in this case, open development areas, that are smaller than the zoning requires for lot sizes; and WHEREAS, the 1.01 acre of subdivision open space is included in the 18- acre preserved Easement Area.,The Town will purchase the development rights from the landowner for 16.99 of the 18 acre Easement Area. The 1.01 acre of subdivision open space has no development rights value because its development rights are associated with the 4.5-acre ODA, and was required to be set aside as preserved land. The subdivision open space (1.01 acres) is set aside,as part of the Easement Area so that a potential future lot can be created in the ODA at a size less than the required minimum lot size (80,000 square feet) in effect for the Property at the time this document was recorded; and WHEREAS, for and in consideration of the granting of said open development area application for the Property, as shown on the Filed Miscellaneous Map, and as a condition of granting said approval, the Town of Southold Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the New York State Department of Agriculture and Markets is partially funding the Town of Southold's purchase of a development rights , 2 easement over the Easement Area on the Filed Miscellaneous Map through grant contract no. C800753; and WHEREAS, the New York State Department of Agriculture and Markets has conditioned the grant funding to restrict the future subdivision of the ODA to one lot not to exceed one acre in area, among other things, and the DECLARANT has agreed to this condition; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. There shall be no subdivision of the property except for one lot that shall be located in the ODA. The lot shall not be greater than one acre and the design of the lot shall be subject to a formal subdivision approval of the Southold Town Planning Board. 2. A perpetual right, for purposes of ingress and egress, shall be reserved to the 18 acre Easement Area from the Main Road (NYS Route 3 25). This right of ingress and egress shall not traverse through the permitted lot. 3. Fee title ownership of the portion of the ODA that is not included in the permitted lot, shall not be separated from the Easement Area. 4. Future owners are advised that the property is subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 5. All stormwater run-off resulting from the development of the property on the Filed Miscellaneous Map shall be retained on site and shall be the responsibility of each future property owner. 6. Utilities, including but not limited to electric, gas, telephone and television, must be located underground. 7. The use of synthetic fertilizers, herbicides or pesticides for the purpose of residential landscaping and lawns in the Open Development Area is prohibited, particularly described in the following; L The use of native, drought-tolerant plants shall are required in landscaping said lots. ii. No fertilizers shall be utilized between December 1St and April 1St 4 iii. Only organic fertilizers where the water soluble nitrogen is no more than 20% of the total nitrogen in the mixture,may be utilized on the lots. iv. A maximum of 1 pound of nitrogen per 1000 square feet in any one application, with a cumulative application of no more than 2 pounds per 1,000 square feet per year is permitted. V. The use of phosphorous containing law fertilizer is prohibited unless establishing a new lawn or soil test shows that the lawn does not have enough phosphorus. V1. The application of lawn fertilizer on impervious surfaces is prohibited. Any fertilizer that is applied or spilled on impervious surfaces shall be immediately picked up. vii. The use of underground storage tanks are prohibited (except those with spill, overfill and corrosion protection requirements in place). 10. All driveways serving the property on the Filed Miscellaneous Map shall be constructed of pervious materials and shall remain pervious into perpetuity. 11. In the event that the Development Rights sale is not completed pursuant to the Filed Map and a copy of the recorded Deed of Development Rights Easement is not submitted to the Town of Southold Planning Department, the Planning Board's approval of the Open Development Area shall no longer be valid; 5 1 The within Covenants and Restrictions shall run with the land in perpetuity and shall be binding upon the 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. 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. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the Declarant shall pay, either directly or-by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. 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. 6 The within Declaration is made subject to the provisions of all laws required bylaw or by their provisions to be incorporated herein and made a part hereof, as though fully set forth herein. That the within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT and 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. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. DECLARANT: By: STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK) On this day of , in the year 20_, before me personally appeared , known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 7 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING-BOARD Monday, December 3, 2012 2:30 p.m. Executive BoardRoorn, Town Hall Annex 2:30 p.m. Applications name: erry Estates SCTM#: 1000-55-6-35, 55-6-36, 56-1-1 Location: on the west side of Laurel Avenue, approximately 150 feet south of Yennecoft Drive in Southold This proposal is for a Standard Subdivision of a 50 acre parcel into 18 !1 lots and two (2) open space parcels where the lots range in size from 28,235 s.f. to 36,400 s.f., with the open space parcels totaling 35 acres, excluding1the_wetlands in the R-80 Zoning District. Status: Conditional Prelimirqg 4proval Action: Review referral responses. Attachments: Staff Report Project name: ___J,-Maaratooka North, LLC ,, SCTM#: 1000-1-15-2-6 Location: 17405 NYS Route 25, Mattituck 7 Description: This proposed Open Development Area (ODA) will create,a TeV6-16`pi� ent area of 4.5 acres in a 22.5-acre parcel with the future potential to be subdivided into a maximum of 3 residential lots and one 18-acre farmland parcel in the AC Zoning District. Status: Pending Action: Review C & Rs and revised map Attachments: Staff Report__ Project name: Robertson & Johnson ^ SqTM#. 1000-67-3-10 Location: 55 Dickerson Street, Peconic Description: This proposed Lot Line Change will transfer 0.46 acres from SCTM#1 000-74-1-2 to SCTM#1 000-67-3-10. SCTM#1 000-67-3-10 will increase from 0.24 acres to 0.70 acres, and SCTM#1 000-74-1-2 will __ decrease from 0.46 acres to 0 acres in the R-40 Zoning District. Status: I New Application---­­ Action: Review for completeness. Attachments: —__ Staff Report Project name__ -,-Mill Creek Inn & Marina SCTM#: I 1000-56-7-2 Location: 64300 NYS Route 25, on south side of Rt. 25, 424' west of DolpVin-brive,j -1-Greenport - Description: This site plan is for the proposed improvement and renovation to an existing 50 slip marina & 8,989 s.f. restaurant with new marina/dock i master building, parking areas and site drainage on a 3.27 acre parcel in the M-11 Zoning District. Status: Pending in _, _ Action: Review evili w re ferrals. Attachments- 1 Staff Report Southold Town Planning Board Work Session — Page Two— December 3, 2012 Project name: Mullen Realty, LP _ _ Is _#_ 1000-62-3-11 & 12 1 Location: & 120 Cottage Place, s/ corner Cottage Place & NYS-Rt. 25, So thold Description: ; This mended site plan is f roposed parkin rea of 14 stalls for emplo ees and over-fl o Gusto er parking a 7,294 sq. ft. parcel in the Ge ral Busine (B) Zoning`stric . - ----------- I Status: _ _� Pending Action: _ _ i Review revs d site plan_ Attachments: Staff R ort --- -- -- -------------- -- ------ - Discussion: ■ Pre-submission Con fe nce re: SCT #1000-27- -3, Propos Standard Subdivision ■ Ovsianik Ch ge of Zone Request, S 1000-97-2-16.5 — m ded Boundary ine Alteration Survey ■ Local Law re: Amendments Chapter 280, Zon , in connection with e Regulations within LIO d LI Zoning Districts Executive Session: Matters of Litigation -D 0 /\[CD-17 '5a aj/� Page 1 of 2 Sabatino, Alyxandra K. From: Spiro, Melissa Sent: Tuesday, December 04, 2012 10:05 AM To: 'Daniel C. Ross' Cc: Lisa Clare Kombrink Esq. (Ikombrink@suffolklaw.com); Eric Keil (ottokeil@aol.com); Doroski, Melanie; Sabatino, Alyxandra K. Subject: Maaratooka Status re State requirements Attachments: Covenants Restrictions Maaratooka.doc.doc i Hi Dan, Tolconfirm our phone call: { 1) Declaration of Covenants and Restrictions As per the e-mail below,Aly has now sent you the PB's Declaration of Covenants and Restrictions. The C&Rs include the State's requirements so the deed restriction we requested previously is no longer necessary. Please review the C&Rs and get back to us ASAP if you have any questions or proposed tweaks. This document needs to go to the State within the tight timeframe (submission, review and final State approval by Jan 14th),so a response by or before Thursday morning would be great. 2) Development Rights Easement You had a few comments re:the Easement. Lisa and I discussed and it is my understanding that Lisa was going to contact you about your comments. This document needs to go to the State within the tight timeframe. Lisa is preparing the Easement in proper format for me to send to the State. 3) Title The State is requiring, again within the tight timeframe, a copy of the title search. Melanie is taking care of this. The state requires that we show how any exceptions will be addressed. Melanie is taking care of this, if she needs information she will contact you. 4) Conflict of Interest The State requires a certain procedure re:the potential conflict of interested due to Eric's LPC membership. Jen sent you information pertaining to this, including documentation requiring Eric's signature. Please contact Jen re:the process. This process needs to be completed within a timely manner, but is not required within the tight State timeframe. 5) Misc. PB info It is my understanding that PB will contact you in regard to map changes. Again,these need to be completed in a timely manner, but are not required within the tight State timeframe. Please let me know if you have any questions regarding the above. Melissa 12/4/2012 Page 2 of 2 From: Sabatino, Alyxandra K. Sent: Tuesday, December 04, 2012 9:19 AM To: 'Daniel C. Ross' Cc: Spiro, Melissa Subject: Maaratooka C&Rs Good Morning Dan, Attached are the covenants and restrictions that were approved by the Planning Board at their work session last night. Please review and let me know if they are acceptable. Thanks, Aly Alyxandra K. Sabatino Southold Town Planning Department 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Phone: '(631)765-1938 t , 12/4/2012 DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of , 20_, by Maaratooka North, LLC, presently residing at 30 East Gate Drive, hereinafter referred to as the DECLARANT. WITNESSETH: WHEREAS, the Declarant is the owner of a 22.5 acre parcel (SCTM # 1000-115-02-06) located on 17405 Route 25, Mattituck, Town of Southold, County of Suffolk, State of New York, more particularly bounded and described in Schedule "A" annexed hereto (hereinafter referred to as the "Property"); and WHEREAS, the Declarant has made an application to the Planning Board of the Town of Southold to create an open development area pursuant to Article VIII of Chapter 240 of the Town of Southold Town Code as shown on the Map entitled "Maaratooka North, LLC Open Development Area" (hereinafter"Filed Miscellaneous Map"), prepared by Nathan Taft Corwin III, Land Surveyor, last dated ; and WHEREAS, the Filed Miscellaneous Map includes an 18 acre portion of the Property designated as the Development Rights Easement Area (hereinafter "Easement Area") which was required to be preserved for agricultural purposes as part of the Town Code requirements for an ODA, and a 4.5 acre portion of the Property designated as the Open Development Area (hereinafter the "ODA"); and WHEREAS, this 4.5 acre ODA meets the minimum bulk schedule of 80,000 square feet per lot for three lots in the Agricultural Conservation zoning district. The minimum bulk schedule calls for 80,000 square feet per lot, and in this case requires a minimum of 5.51 acres for three lots. The adjacent Development Rights Easement Area contains 1.01 acres of the required 5.51 acres preserved as subdivision open space. Subdivision open space is the land required to be preserved as a result of the Planning Board creating lots, or in this case, open development areas, that are smaller than the zoning requires for lot sizes; and WHEREAS, the 1.01 acre of subdivision open space is included in the 18- acre preserved Easement Area. The Town will purchase the development rights from the landowner for 16.99 of the 18 acre Easement Area. The 1.01 acre of subdivision open space has no development rights value because its development rights are associated with the 4.5-acre ODA, and was required to be set aside as preserved land. The subdivision open space (1.01 acres) is set aside as part of the Easement Area so that a potential future lot can be created in the ODA at a size less than the required minimum lot size (80,000 square feet) in effect for the Property at the time this document was recorded; and WHEREAS, for and in consideration of the granting of said open development area application for the Property, as shown on the Filed Miscellaneous Map, and as a condition of granting said approval, the Town of Southold Planning Board has required that this Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the New York State Department of Agriculture and Markets is partially funding the Town of Southold's purchase of a development rights 2 �I easement over the Easement Area on the Filed Miscellaneous Map through grant contract no. C800753; and WHEREAS, the New York State Department of Agriculture and Markets has conditioned the grant funding to restrict the future subdivision of the ODA to one lot not to exceed one acre in area, among other things, and the DECLARANT has agreed to this condition; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said lots. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. There shall be no subdivision'of the property except for one lot that shall be located in the ODA. The lot shall not be greater than one acre and the design of the lot shall be subject to a formal subdivision approval of.the Southold Town Planning Board. 2. A perpetual right, for purposes of ingress and egress, shall be reserved to the 18 acre Easement Area from the Main Road (NYS Route ' 3 25). This right of ingress and egress shall not traverse through the permitted lot. 3. Fee title ownership of the portion of the ODA that is not included in the permitted lot, shall not be separated from the Easement Area. 4. Future owners are advised that the property is subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Sill of Rights, of the Southold Town Code. 5. All stormwater run-off resulting from the development of the property on the Filed Miscellaneous Map shall be retained on site and shall be the responsibility of each future property owner. 6. Utilities, including but not limited to electric, gas, telephone and television, must be located underground. 7. The use of synthetic fertilizers, herbicides or pesticides for the purpose of residential landscaping and lawns in the Open Development Area is prohibited, particularly described in the following; L The use of native, drought-tolerant plants shall are required in landscaping said lots. ii. No fertilizers shall be utilized between December 1St and April 1St 4 iii. Only organic fertilizers where the water soluble nitrogen is no more than 20% of the total nitrogen in the mixture may be utilized on the lots. IV. A maximum of 1 pound of nitrogen per 1000 square feet in any one application, with a cumulative application of no more than 2 pounds per 1,000 square feet per year is permitted. v. The use of phosphorous containing law fertilizer is prohibited unless establishing a new lawn or soil test shows that the lawn does not have enough phosphorus. vi. The application of lawn fertilizer on impervious surfaces is prohibited. Any fertilizer that is applied or spilled on impervious surfaces shall be immediately picked up. Vii. The use of underground storage tanks are prohibited (except those with spill, overfill and corrosion protection requirements in place). 10. All driveways serving the property on the Filed Miscellaneous Map shall be constructed of pervious materials and shall remain pervious into perpetuity. 11. In the event that the Development Rights sale is not completed pursuant to the Filed Map and a copy of the recorded Deed of Development Rights Easement is not submitted to the Town of Southold Planning Department, the Planning Board's approval of the Open Development Area shall no longer be valid; 5 The within Covenants and Restrictions shall run with the land in perpetuity and shall be binding upon the 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. 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. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. If a Court of competent jurisdiction determines that a violation of these covenants and restrictions has occurred, the Declarant shall pay, either directly or by reimbursement to the Town all reasonable attorney's fees, court costs and other expenses incurred by the Town in connection with any proceedings to enforce the provisions of the covenants and restrictions set forth herein. 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. 6 The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth herein. That the within Covenants and Restrictions shall run with the land and shall be binding upon the DECLARANT and 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. IN WITNESS WHEREOF, the DECLARANT above named has duly executed this Declaration the day and year first above written. DECLARANT: By: STATE OF NEW YORK ) ) ss.. COUNTY OF SUFFOLK) On this day of , in the year 20_, before me personally appeared , known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 7 MAILING ADDRESS: PLANNING BOARD MEMBERSP.O.Box 1179 DONALD J.WILCENSKI O��pF SO(/TyOI Southold,NY 11971 Chair Q OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex' KENNETH L.EDWARDSG • O 54375 State Route 25 JAMES H.RICH III MARTIN H.SIDOR Oly �� (cor. Main Rd. &Youngs Ave.) �'�U � Southold,NY Telephone:631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 20, 2012 Daniel C. Ross, Esq. P.O. Box 146 Mattituck, NY 11952 Re: Close Sketch Plan Hearing: Open Development Area Maaratooka North, LLC Located at 17405 Route 25, Mattituck SCTM#1000-115-2-6 Zoning District: A-C Dear Mr. Ross: A public hearing was held by the Southold Town Planning Board on Monday, November 19, 2012 regarding the above-referenced Open Development Area. The public hearing was closed. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman 1 . Kee do & Keegan; 'Ross &-��osner, dP ` .l ATTORNEYS AT LAW Thomas J. Keegan Jr. 315 Westphalia Avenue Phone»631.298.1200 Daniel C. Ross Post Office Box 146 Fax»631.298 4427 Jamie G. Rosner Mattituck, New York 11952 Web))www.keeganlaw.us Thomas J.Keegan(1923-2003) November 15,2012 Southold Town Planning Board Att: Ms. Alyxandra Sabatino Town Hall Annex Building 54375 Route 25, P.O. Box 1179 Southold,New York 11971 Re: Maaratooka North, LLC ODA Subdivision Development Rights Purchase and Sale Agreement and ODA Subdivision Premises: 17405 Route 25,Mattituck, NY, S/C/T/M#: 1000/115/02/006 Dear Ms. Sabatino Enclosed please find: 1. Correspondence, dated November 6,2012, by Maaratooka North,LLC to the Planning Board Chairman regarding additional restrictions required by New York State. 2. Unexecuted proposed deed containing NYS required restrictions. 3. Two Maps entitled Maaratooka North,LLC Open Development Area, last revised November 5, 2012". 4. Affirmation of posting and of service of"Agricultural Data Statement, Town of Southold" together with a map and "Notice to Adjacent Property Owners" together with a map and the green cards. I will get you additional maps. 061C. Ross s, cc: Melissa Spiro, Land Preservation Coordinator -t L/real/alel/Keil-townDR/P1anBrd-Ltr8 20 lL Western Suffolk Office»•Patchogue;-New York igAARATOOKA NORTH, LLQ,' 30 East Gate Drive Huntington, New York 11743 516-250-5915 November 6, 2012 Southold Town Planning Board Att: Donald Wilcenski, Chariman Town Hall Annex Building 54375 Route 25, P.O. Box 1179 Southold, New York 11971 Re: Maaratooka North, LLC ODA Subdivision, Application of Development Rights Purchase and Sale Agreement Premises: 17405 Route 25, Mattituck, NY S/C/T/M #: 1000/115/02/006 Dear Mr. Wilcenski: Enclosed please find twelve copies of the proposed map entitled Maaratooka North, LLC Open Subdivision. As the Note on the map indicates, the Applicant has applied for an Open Subdivision which would yield three lots in the Open Development Area ("ODA") under the Southold Town Code. I understand your Board is prepared to grant the ODA application with the three lot yield for the Open Development Area. We are also advised that this is not acceptable to the New York State Department of Agriculture & Markets which is partially funding the purchase of the development rights in the Development Rights Easement Area under a Farmland Protection Implementation Grant. For this reason, the applicant is consenting to certain restrictions which will impact the potential development of the Open Development Area so as to ensure that the project is eligible for the grant funding. The restrictions will be set forth in a deed and shall: 1. Limit the potential future subdivision of the ODA to no more than one lot of up to one acre in area, and 2. Reserve a right of ingress and egress from the Main Road through that portion of the Open Development Area, that is not included in the allowable one acre lot, to the eighteen acre Development Rights Easement Area. 3. Permanently restrict the separation of ownership of the that portion of the Open Development Area that is not included in the allowable one acre lot, from the eighteen acre Development Rights Easement Area. Manvatooka orth, LL B / r , Y: I Eric D. Keil, Member f cc: Melissa Spiro, Land Preservation Coordinator r— CONSULT YOU,. <;'VYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUM_...-MOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the day of BETWEEN Maaratooka North,LLC,30 East Gate Drive,Huntington,New York 11743 party of the first part,and Maaratooka North,LLC,30 East Gate Drive,Huntington,New York 11743 party of the second part, WITNESSETH,that the party of the first part,in consideration of dollars paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in the (METES AND BOUNDS DESCRIPTION OF ODA,hereinafter referred to as the"premises") Subject to the following restrictions: 1. That the premises shall not be further subdivided except for one lot which shall not be greater than one acre and the design of which shall be subject to the approval of the Southold Town Planning Board,and A �U�o R{U v-0 r�5 cA v� eq Yes 5 2. Grants-4o-the owner of tlie--1-8--acre—pareel—to-Ahe>--North—show—en—thy map en itled I's rnnmnUeA M NOR=FH;L-L-'`6pe`n`Development--A-pby-Nathan- aft-C-orwin,III, Sup,zp-or,_d-ated-November4,2012,-as-the=Development Rights.Easement Area-a-right-o-fingress through that portion of the Open Development Area,that is not included in the allowable one acre lot,to the eighteen acre Development Rights Easement Area. 3. Fee title ownership of the that portion of the Open Development Area that is not included in the allowable one acre lot, shall not be separated from the eighteen acre Development Rights Easement Area. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof,TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises,TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose The word"party"shall be construed as if it read"parties"when ever the sense of this indenture so requires IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and yearfirst abovewritten. IN PRESENCE OF MAARATOOKA NORTH,LLP By: ERIC D.KEIL,MEMBER Standard N Y.B.T U Form 8002-Bargain and Sale Deed,with Covenant against Grantor's Acts—Uniform Acknowledgment Form 3290 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as co fo by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has rem ine in place for seven days prior to the date of the ,} public hearing on i C I a, 1 I have sent notices by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on064D DAtJ o 9 S,. awe G�t� o You me (print C2" U V - Signature Address Date Notary Public �� �. NOv 1 5 2012 1 1oid Tom'n PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 11/16/12 Re: Proposed Open Development Area for Maaratooka North, LLC SCTM#s: 1000-115-2-6 Date of Public Hearing: Monday, November 19, 2012, 4:30 P.M. .� oe: •o. oo: - S b)1 �'�`f" (�(a +ellZ'ale7S �� _ b_+_d_IZ'_e_lels�IIO ._ _.mac+.o��-------------------------- 'ON '© N 80d -� $ 'ONxoBOdJO p -----— .-- ---------------------O rz x C� _ Y.? 7 - o -52----- .:a--o D j-Z i •o�rdv_�a?�ls o _ Io d aai _ -Z/�p�cS �� ? ��, ,/0 r97s•-�S b11MQ 1/]�, .....---� � c7 � --------- �— " mol mas � aS I i f. �J�l�, • sead 8 e6elsod Ielol 0 i l J�LTOZ/ /1 L' sead"g a6elsod Ielol J T c,tVG/ tt SL S$ $ p i /4z (pa�mbaa luawas�opu3) p ZtoZ 9 ADN I", 00.0$ (Pei!nbay luewesJoPu3) .9e 00'a ead k8"OCI palolJlsabi p ead/IJenpeO PaloPls6H p r' l • aJ nba uQum u O � w nba uawasJo u p ' .� .�: 1 �. �i: 1!l b+dt G)PlsA410 oNzoaOdJO p �q -X v © ONxoeOdJO p p ..... .... --- -- o/�tgV'RgJL p �-n sa;Z -v�(oo- v-dv bu/ -i ' llueS o17uaS �,1 I�O/1[t SL'S'b $ saad V a6elsod IElol �' "'g'�Lt % 0/it SL'S$ $ sead V aBslsod lelol -'-IZ,nJ ..til m I �Sd$� C � p (Pei nbwopu3) eadtiulsaHp 1 ) -ad -1100 PaloPlsaH p00'0$ 00•0 (P?jlnbay luawasroPu3) S£'Z$ a, o p r we (p lnbaH luawasiopua) aJ S£'Z$ (pwlnbaH luewasJopu3) p y aed ld!aoaH wnleH p � L ..G q/� aad ld!ooaH wnlaH >IJewlsod p i Jeuusoll4 . R3 1 �0-I Sb•Z _ ea 0 e _- 2 4+dIZ'a7B S�f7�J i ���, J J r Z 6±d2'eleJS I10 "a od to o '� /Vl`Z�CL u01Ms (J 1 'ON xoe OdJO 7eeq p _ ------ ----------------------------------* .:oN-_3&Inimi oNe-9OLJUGS C3 Ln T7 taf1 iTt .� $ saad g 06eisod IEiol a saad g e6elso !elo1 Wtb/ti S6'S oi S� 00'0$ (paJlnbaHluawasio u3) 00'0$ (peJlnbaH luawesJopu3) L 00=1 a 0 Palo p — � , esd AeMIaO PaloNlsaH p ��Z�y-� r�•g�y (paJlnbaH luewesJopua) 0 J/// eJe •Z$ (paJlnbaH luewesjopu3) p eed idiaoaH wnieu �y eed ldlaoeH wnleH p aSJOADEJ 88S �e JJ I oo .o• — i . 4 b I/ 74 V ti+dlz'alws'Apo I 2�b 11 /(N 7I�`''M- v+dz eels woo ------------=------------------------------------------------------------------ I ---- --- - ----------- - __--�----....__--------------------------- S'Z n G)Z o a3C ,.•oN xos odJO + O Z G Od,- ------------------------------------------------------------•--- �N Jd�7.eaj �I / X Z! O� ( �� ✓W-oN .. Q►��`,J��/� l �zl o - -- ------ - -- --- --------------� -----:�..:�.t!?eeu Q d 17ueS p y l� tfi1 c4 Gl J •l '+of JuaS / I � '4 'Z�SIJ Ln - �1 sead R eBelsod Rol i 'Z't0$/ /1/k S6'S$ $ W O�ISO/it S6'S$ � $ W s�ed'8 e6elsod lelol d S� • (PaJ!nbay wewesJopu3) I f'�c= LJ ` 0$ ead NaJuleO pe3oPlseH p J° Wimbay luawasJopu3) L—' / I �` � . 00'0$ aad tieJy!aa Palo!BaH p r� J or I (Palin I. luewesJopu3) p ` .� °(pwinbeH luewesJo u n IZI eed 3d!aoay wnleH p ( eial{ kh ,,, c$ eed 3d!aoeH wnleH P 3) p 6'N'; od _ _ (�IJewlsod, p ,� ��• I �\.��I LO j_-f�6'Z$ aad Peuluao p Z Sb-I vl '� `O-j lA�l � $ aaod L v+a¢_eiais Apo i \„��564. �� �.0$ ase � I ------- - _ >4 -oNxosodio [13 . ............. '` �:l1 uq�-. ?,L - -=-°ru_Idp'ree.� zt t� F1/, Tl ru Llues Ln I p �'ZJ $ 9se8eBelsod laiol W i -a 0010$ (Pannbou luewesJopu3) 6' • aed NeJu!ea pe3oPlsey p • tJ �y S I KI GrEs (Paea:JlnbeH luew IeLl 3) p ead 3d!eoeH wnleH p wlsod '-1 L0 S6'�$ aad PaUluaO p �{�! 0 S4'0$ - $ a6elsod U-1 ru ple .v .� p j ■ I3038 "IMN C131=111830ru wi 0• 'P , a O D O N n O. • Oq N 7 0 S N W CD '- d N S C �`O,t ■ oo, ara a � , 0 :U CD CD,M....:+ N rt 3 3 i in CCD _- -- c CD CD m'CL o M w - _ v �m a�o . . . . :� P • . C oyZw t, wy _. ■ Complete items 1,2,and 3.Also complete A. Si nat I P -o' m o item 4 if Restricted Delivery is desired. " Agent m'< s u,-o ■ Print your name and address on the reverse El 1r,, LA '3 0 `m° Q� so that we Can return the Card to yr«.:% B. Received by(Printed Name C. D e of Delivery v p C ■ Attach this card to the back of the mailpiece, - � )D� i �4 I r co R or on the'front if space permits. m CD D. Is delivery address different from item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No L)4e ZS C -77 0,0 rry � 5" M ❑ ❑ a • w z uT >, ' w 1 f V� � c m m m. B. `� �O — m e m CL c m mac ?Y2 m 3. Service Type °L CL H, ° w CD I q 5-L W.� e err ifled Mail ❑Ex cess Mad t r O �_ CI- w m o V GTL - P i'r.. w_ 1:1 Registered U.Return,Receipt CD ❑ Insured Mail D,C;O:D:', ,_;, ' I _ ❑ ❑ wR a 4. Restricted Delivery?,(Extra`Fee)' ❑Yes B n a • O cEn �° • ' ° II O2. Article Number 3 to � y a (Transfer from °o ®�6G` C 3 • � w, s PS Form 3811;Fefiruary 2004 Domestic Return Receipt 102595-02-M-1540 w ■ Complete items 1,2,and 3.Also complete A. Si ❑ ❑ ❑ °i ❑ ❑ item 4 if Restricted Delivery is desired. 11Agent o ° >�o ■ Print your name and address on the reverse X ❑Addressee CD so that we can return the card to you. B. Received by inte Nee) C. D e'of elivery `D CD ■ Attach this card to the back of the mailpiece, y1 �� _ __ ____ ____ __ -_ _(D__-- _ or on the front if space permits. r ` 1. Article Addressed to. D. Is delivery address different from item 1?,_[]Yes ■ ■ ■ D o Drn �—•n f If YES,enter delivery address below: 11 No n O w o a 3 2 � c� `D w� Av ••Er o m a CD s� c N o, CD 0 CD CD • G N ° cn Er CD 3. Service Type i+ ':'r v c o �/�/� C�rtified Mail ❑Express Mail'�"x -; i I � m m W r 1 ( ElRegistered 9]-R'r-rn'Receipt•,f©ria_9erskiaadase ' l c� 'o r m a CL El Insured Mad ❑C.O.D. , c 3 x 0 y Q W 4. Restricted Delroery7(Extra F,ee)'"' 11 Yes �� �V No:3m o N l 2. Article Number :' s ::. z . ; ; : . .r I: •_ ::;(' : r-_ ,. �'� t o o m N.o (Transfer from service label)t�065;'> '60021 'rj`1S �]2' (�. '14; C9' rp w P o a i o m m ` FS.Form 3811,February 2004 ; Domestic Return Receipt 102595-02-M-15-o�,i 0 CD m ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent X ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. Q. R ceived by inted Name) C. D'te of elivery ? w v m x D ■ Attach this card to the back of the mailpiece, I ❑ ❑ v, - • or on the front if space permits. MOKID t 'M m 0 D. Is dehve address different from item 0,1.'PIY s- U CD U) LD. 1. Article Addressed 11to,, �/y] If YES,enter delivery address below: ❑.No I a o. N �I�Q CD a m Yl�� "r• V ; w a CD C.CD a CD CD K �r l Y �,��1�► P l I ❑ ❑ a i ._�.p �j n Q. = �Z 1-7-7 R 6u (L Z J 3 Service Type T o Gi N N a .��D • f/ I Z L7 e,6 ified Mail ❑ Express Mail � W 3 Y I CD ❑ Registered turn Receipt fePMerehandise I 0 w 0 3 ❑ Insured Mad ❑,G.O:D o O 4. Restricted Delivery?(Exfra' ee)s^• �❑Yes I❑ ❑ El'_w ❑ 2. Article Nuhiber I N J Z { ° � pv5< `31,1;0' ®CJ0 1,5942 ',OT D,2 `° ransfer from service label s �. < N PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-,i ZW'� N D • 0 7B _8QaqIv.rd ■ Complete-Items 1,2,a,-J 3.Also complete tue Item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ��- ❑Addressee so that we can return the card to you. by(Printed Name) C. D to of elnrery ■ Attach this card to the back of the mallpiece, �/t or on the front if space permits 1. Article Addressed to- D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below- ❑ No 3. Service Type C44 y IV p i ped Mail ❑Express Mail /'�► C4411-IV �7 57— El Registered lgjiietnrn Receipt fir nnAmtiandlse ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article-Number (Transfer from service lab`el)3,aq �f- PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 ® Complete items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery is desired. ❑Agent ® Print your name and address on the reverse ❑Addressee so that we can return the card to you B. Received by(Pnn me) C. Da of D livery ■ Attach this card to the back of the mallpiece, 2 Q� C-/e J or on the front If space permits. Jv D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No 4`Yf?D �0(9 2 O � 3. SSeicrtType P 3q-� Zicfied Mail ❑ Express Mail" ptq /t q Z ❑ Registered U eturn Receipt 7 ❑ Insured Mail ❑ C 0 D. 4 Restricted Delivery,(Extra'Fee)-' ❑Yes 2. Article Number i (Transfer from service'label) PS Form 3811,'February'2004' Domestic Return Receipt ✓ ' 102595,02-M-1540 I _ - © Complete items 1,2,and 3.Also complete Signa ure item 4 if Restricted Delivery is desired. - Agent ® Print your name and address on the reverse 1 //�� J� ❑Addressee so that we can return the card to you. B. eived (Pr' ted ame) C. Date of Del very ■ Attach this card to the back of the mallpiece, or on the front if space permits. V D Is delivery address different from item 1? LJ Ye 1. Article Addressed to If YES,enter delivery address below: ❑ No �! �a��D 3 o2 Rou-t-e Z5 3. Service Type [J ertified Mail ❑Express Mail ❑ Registered V,R9.m Receipt fer44ereksndim ` ❑ Insured Mail -❑C.O D I1 4. Restricted Delivery?(Extra Fee) ❑Yes I 2. Article Number � (Transfer from service label) L ®� Y PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 RJ mom+.'• tw:•"�, �^s •�' �3 5 ,� '�� , r Ln $0.65 LnPostage $ Certified Fee $2'.95 Q �y" M i �°ZQ�`fs }' p Return Receipt Fee $y�35 ere (Endorsement Required) J i p Restricted Delivery Fee (Endorsement Required) r=I v" M Total Postage&Fees $x•95 2'7- 7 � Sent To f 1 (� , p �s s •-- --- -- - - -- tt gfieet,Apt"WC.; or PO Box No. 4 1 U 7i S,4-ewtcm-------------------------------------- CIQ SYaPe,ZIP+4 �2 f a F` `5 -2,3-;j 5 7p, -•i`_ -3'` `._'�,.,! - ,f- 777777-77777777777,- • ...Y'y.�F lr.-,4-P +T�'-y'."•- "v1'_F�uwC>.�l ■ . , ■ . • DELIVERY SEN�'Cornpl`efe,item`s"�1°,'2,'an - P;_ -_��` - __ - =,,x»��� •� �� - ired item 4,=if-,Restricted,Deliyery.-is'desy YwJ- ;, -,MAddressee'-" - L,;`� Frinf.your='riane.and`a h _ ..� N��, _ ;so=thsf vye can return tfie card"to;,you. :g, deceived tiy`(;Pfin' mej"; -x:'' r'C.lJa sof,°D`livery 'Attach this%card',o the back of,the_mailpiece;" "?'' $`, JTa °/ .= ,l:Z` ;or onythefiont=if-`space permits.,," , �' �$ ❑Yes -D:.Is delivery address different from,item 1? f= 1. ArticleEAddressed6to:;r;_- =; >s' _£,•jf'YES enterdelivery"address;,below:A- 17 No_, -'•;_•:^ * ,l�1 N[] r"�.�: .`'!',:�.'.r rv,�y;?,a�, '- =�•E,4'i-i�. -'Siv=s�r, ^F, r Yr b' .'� Y-;f /yam/,rll�C�✓%y~`:"w-.•i _ _ - _ �!.!4'.cf,°";\+�` :1 "?ylUS�t�' 'r ' ,;<•.i: =- ,3'$ErVIC ,Type: r,"'Al�t`..5',.Y,r'.F,�y�;�,;;r"� 't iTo - - , "'Al �Tf..nry��f�f�,tiv't'!.� - ,,. Q:t ''. _uC,e`rtified':Nlaill ,Express Mal ', „sp, ! = rlt L7 aRe istered ,. 'EieurnaFece}iSt r;; # 11 1 ❑ In suredrMail: _ 4 ;O:Q%:yi,:!-a._., .:..,.= ^r r>• , `� ' �`y:.,,�,�s.;,, r' _ FiesVtcted".D"slue rec2- ; Yes'' Ai•ticle,Nurfrber' b;a e,,a ; .;,yy,.a.��(�<;1 1;4 .k.. _r,°r'' _ - •�•,k '2>; - ``y •,'i:.; ,,AA,,11 - !`x.y'4 Jt- yx!!,%y�•;,..,. _,.V1'�t s- �,� - , .q; :,V.k"� ..O-.�F� ,l.,y� «`L;fie•`'�'': vy' ,,l /�iarisfer.from_ "'s Al ll�:g ',,•: Frt•,r. a i .,: �e,z.,=.x ,+: 595±{ .M "40' ;381 'Feb`rua''>2004 Do inestic;ReturnRece PS,Form_ ry: SENDER:COMPLETE )V- Cb SECTION ON DEL, ■ Complete items 1'2,and 3.Also complete A. St tura item 4 if Restricted Delivery is desired. I ❑Agent ■ Print your name and address on the reverse �-- �ft J7r, j ❑Addressee so that we can return the card to you. B. R=Ived by(Printed Name) C. D to of Delivery ,Attach this card to the back of the mailpiece, or on the front if space permits. 1 ho'-1? `.►� �.Z 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes If YES,enter delivery address below: ❑ No /11,01°�45 f. St doiI _ Ai' c_V_ S f Id Off P© 1��x �3 0 3. Service Type Iyh A- '� �� I p Z 13.6eftifle11d Mail Express Mail Y ' r "G f U / I ❑Registered [return Receipt f^ UWnh=dIse ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ) q/I (Transfer from service label �f IJW� I { ©V aQ�Q PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-f540 ® Complete items 1,2,and 3.Also complete A. Si { r item 4 if Restricted Delivery is desired. X7 ElAgent o Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by inted Na e) C. D fe of Delivery ■ Attach this card to the back of the mailpiece, t, or on the front if space permits. f f=P, �L - ! D. Is delivery address different from item 1? El Yes 1. Articie_Addressed to: If YES,enter delivery address below- ❑ No I �: o l U 1 3. Service Type ViI 1 ( 5 z- l�rtified Mail El Express Mad a �' l El Registered 91-Free uurn Receipt f© dice ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (transfer from service label) -7065 PS Form 3811, February 2004 Domestic Return Receipt -j'' 102595-02•M=1540 o • COMPLETE THIS SECTION ON• ■ Complete items 1,2,and 3.Also complete A. Si net item 4 if Restricted Delivery is desired. X Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name C. D e of Delivery ■ Attach this card to the back of the mailpiece, . I ` y , or on the front if space permits. I D. Is delivery address different from item 17 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No 2-7 3. Service Type F-y 1 L I(� Zied Mail ❑Express(Nail Y a f GTL F f A ❑Registered I�I.ReiurTi Receiptfiei-PA," f lisp ❑Insured Mail ❑,G Qb: `ref; 4. Restricted Delivery?(Exf`�i e �` e_ ) 11 Yes 2. Article Number r1 (transfer from service label)'4ao� O-4-j Q Q 00-L 13 o J %5 PS Form 3811,February 2004 Domestic Return Receipt •102595-02-M-1540 • •N", SECTION. DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. 11Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. R.,Received by� inted Name) C. D 'e of elivery ® Attach this card to the back of the mailpiece, n� �` iy + or on the front if space permits, t� D. Is deliv4 add ess different from item 1 �, ;Yes 1 Article Addressed to: - If YES,enter delivery address below: o ehR;S-kPhvz in DvY)nvA- /717-5 ROL) n.r 3. Service Type fl'-fuck `-fu CIL i%i J n j/ /i i g 5 Z 0-21ified Mail 11 Express Mail 7 T ❑ Registered t eturn Receipt fepMerehandlse ❑ Insured Mail ❑,C.O:Di' 4. Restricted Delivery?.-(EX 4�,Q),-' CJ Yes 2. Article Number v 1 v d a Z V ya Z(Transfer from service label)�V PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-j.Z4'U ■ Complete items 1,2,and 3.Also complete A. 'gnature item 4 if Restricted Delivery is desired. ❑ gent X ■ Print your name and address on the reverse ressee so that we can return the card to you. B. Received by ed Name) C. Dato of Pelivery ■ Attach this card to the back of the mailpiece, l � L or on the front if space permits. D. Is delivery address different from item 17 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No �Y1 CL�z2a- ��a PizLLC Po 2)oy, 4 n IIQ52 3. Service Type ertified Mail ❑Express Mail ❑Registered 114Return Receipt ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ��''��((�� ��V,nZ 23 (Transfer from servicelabeqW 0-:7-10 PS Form 3811, February 2004 Domestic Return Receipt :r• 102595 o2+•M-1540 SECTIONSENIDER: COMPLETE THIS SECTION COMPLETE THIS . ,.ELI ■ Complete Items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. r 13 Agent ■ Print your name and address on the reverse ` ❑Addressee so that we can return the card to you. Received by(Printed Name) a C Da of gelivery ■ Attach this card to the back of the mailpiece, 1 /1/ 71 ) y �� or on the front if space permits. D. Is delivery address different from item 17 13 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No 44-2vrry M. •Rv-I-KPs ICc 10-3-5 0-0' v- �s 3. Service Type rfied Mail ❑ Express Mail ❑ Registered urn Receipt#er-A4ereger� ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Artansiclens Number 7-60L? IlpkO 00,00 a73 b � rfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 '�EN DER: COMPLETE THIS SECTION ditimpi.ETE THIS SECTION . DELIVERY ■ Complete items 1,2,and 3.Also complete . Signa ure item 4 if Restricted Delivery is desired. I 1}`0 ,�.�❑Agent ■ Print your name and address on the reverse X °"�` ❑Addressee so that we can return the card to you. B. eived (P ted ame) C. Date of Del very ■ Attach this card to the back of the mailpiece, — N ON t �G, or on the front if space permits. , D. Is delivery address different from item 17 ❑Ye 1. Article Addressed to: If YES,enter delivery address below: ❑ No Cdr eizy 1D�v�`� D 3 02 Rov-l-e p 2-5 1 (�2 - p9u ` J 5 3. Service Type v _ Lj ertified Mail ❑ Express Mall ❑ Registered 4-Rct-m Receipt fopMeRahemcim ❑Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 'q(90 'G.' R i (Transfer from service label) I oo4 -Z r t PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 Er ■ i :*L'eb CO C3 WOMEN= - e ru r � rt z, N , C3 Postage S $0.65 r' , 4952m Postage $ $0.45 19552— f } f ! 1 J Certified Fee 1 C3 $2.95,- 47f. Certified Fee $2.95 1 C3 -00 r U "i i i VPosrark,f M Return Receipt Feeq( Return Receipt Fee (Endorsement Required) $2.35'; �%� Here (Endorsement Rap red) $2.35 O Restricted Delivery Fee p Restricted DeliveryFee- r� (Endorsement Required) $0.00 (Endorsement Required) $0.00 r=1 0 m Total Postage&Fees $ $5.95 Total Postage&Fees $ $5,75 11j4P/2$1 e,(,a-.(� in IIS 2 3• o C3 Sent To J Sent o l�Jt C I � I?, Ru laod � tm �2r2t��ool�Ccc - P5 L L-C [� S°frB E___._-.------------------------------------------ ._e _.._. _______________________________ ED ;�_ .. -___ or PO BoxNo.��/r J 1 `((,o e aQ box. 1&q O or PO Box No. Ciy State .1-t- ----------------- +__4•___►__�______L___I_<_________1_�____�______(__l__Q�Z � ._--_-__-____.i ; � __._...................w cjstate,z +a � I• ® � D• 0 • e .s s e•e 3 • s • LI-1 I' Postage $ $4.45 ?:' a"i m Postage $ $0.45 4952 X095.. Certified Fee � � i1J Certified Fee o r $2.95 47 `"� $2.95 47 ` �%f i�PosttflrR+� 13etum Receipt Fee ��a Po maf(<1 `tom C3 Return Receipt Fee (Endorsement Required) $2.35 1 Y "FQ e�' ! p (Endorsement Required) $2.35 J^ ,'~FT '� -� Restricted Delivery Fee ` p Restricted Delivery Fee (Endorsement Required) r (Endorsement Required)$4.40 $0.00 !` p ztio Total Postage&Fees e ' �' - ' . 17-1 Total Postage&Fees $ $5.7, 11/0 i 2 p Sent Ty, 2i r Sent T 2 c neer Awf,fjo.;'j'Y"J j z: ori Y► T+ .�✓:`l------------------ M freer,A--ME-�-��Z o_.i�v� or PO Box No. -r O or PO Box No. ....:..:................... cny ware,ziP+a -- ----------------------•--•-- --- r` city,srate,ZAP+$-- --------------------------•------------------------........ r+i-h 4't ck-I l2 l(q$Z I.�c� Il9Sz CO 4 � p e • • e-• • ••- a t1 a JE Postage $ $O.b5 tl`1r32^� Postage" $ $0.45 9'•_ g .� `495.. f1J Certified Fee $295 47 � Ype CertifiedFee $2.95' �:f/ gg l sf�Ps 8 Return Receipt Fee ( ®PPostmark Return Receipt Fee' g�t [[ ® ' ¢ p (Endorsement Required) $2,35 Endorsement Required) $� tis q �'� - t ! O Restricted Delivery Fee `Restricted Delivery Fee $4.04 / (Endorsement Required) $0,00 ;Endorsement Required) 6 - _- p G Y r rO Total Postage Total Postage&Fees $ $5.95 11/4 ^ g &Fees �/ Sent To�vX`e6 Y ! V l V/"4-0 - •--- O �Er /'Lpus4+E_ I T(>1�1.�9 Srieei,Apr'nio:;3��Z__ f-�...7: ... - p or PO Bo 17k�U1 oui -Z� 3� or PO Box No. CO..RV L)4 (`- .........- -----•------- City State ZlP+4.. C..........�.__..� ciiy,Mere:zf a J2• !l,q'�3 �'� l q5 2 :rr re it ® ® 1 r—I ~ s . . ,m (ti �c-s> Fy rHam � � � 9CA SL M l%- Postage $ $0.45 0952 fU Certified Fee $2.95 0�7'°'�6 , pPostmark'-. C3 Return Re Receipt Fee M (Endorsement Required) `$2.35 . ., M Restricted Delivery Fee flook- C3 k o,. p (Endorsement Required) $0.00 CO Total Postage&Fees $ $5.75 11/0 / 01 �' [MIFAxNV � Scp .; ............. ... ............ 0 or PO Box No. _60 X N City State;ZIP+%3� �"' °-fM CJL- t oI z� - rLi CO r— ,. MA,T l 1 9 .I .. M Postage- $ $0:45 S2 E ti f1J Certified Fee $22.95 / 4 ,a C3 .�Postmark � ;a C3 Return Receipt Fee 2.35ere t""? C3 (Endorsement Required) ' 0 Restricted Delivery Fee ' } (Endorsement Required) $0.00 C3 co Total Postage&Fees $ $5.75 11CI5kzt q' ra fIS -2—I I Sent Thew ry�/ / ? 'RL)TKL)w5 F-ir OSheet,Apf.No i--1---— --._. ....... C O or PO Box No. /&2-7-5 .� �U ^Z-J I` city"siei®;Z1P+4 #10927 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 8th day of November, 2012. Principal Clerk Sworn to before me this day of Lv 2012. € ,t Notice bgbGc Heating. =is:`,NO;lIGE�S3HEREBY GIVE�i;YhaX,;i puzsuant ro,S�ec�ion 276Rf the TOCHRISTINA CHRISTINA VOLINSKI -`LdW and Article-XXV-'af,the Code'of fhe'" WTown•of Souttiold;apubli6 hearing+will= NOTARY PUBLIC-STATE OF NEW YORK the held by_tkerSouthold owri Planning i No. 01V06105050 Board3 atF thg down Ha11,.MainlYRo ds,; Qualified In Suffolk County Southold;New�Yoik;on,tfie;19th;day of;_ 1�ove�bey32012'on�tlie uestiori of,ttie { My Commission Expires February 28, 2016 ,, ;4:30i;p.��- �Propo�Sec1;;Q.pen-4Dg�e1-,'- ;opment Areac,forS lgaaratooka;North, LL'C'locate3;aY7405`'IYS Route 25, on'tlie pis/b;Nl'S.R�`25;approximate y' :1,185' eLo:mi111Lane;F`Mattituck,Town; of;SouYhQldz Coyuity.o,,,SuffolkState of IYew fork;SuffoA,County Tax Map I��imli`er��000`17g5�2-G�£�"'"�' • � 'f•�4.32?p'i��I?c�po�ed;Si�"e`1?lau foi Sut�, riryt;I;aney�LCiJocated-.ut46975 NYS^' Route 25&,fronts,LbwerRoad&tNYS , Route 25;-S6Abld,Town of ,, Sop odd, County of Suffolk,Stateof'New_orL Suffolk County Tax Map'Numberr1000- " 69-5-18.6 t•e� . .s; patedr70l2 /12 Oi by 6RDERF,TIdE SOUTHQLD, OWN P):k&ING-BOPiIZD Pru,4'-c t �-�'_ Donald-J'Wilceisski i {,c -_, ,�,„,•. -S ,. Cfiairmati; '10.927-1 P_11/8 MAILING ADDRESS: PLANNING BOARD MEMBERS P.O.Box 1179 DONALD J.WILCENSKI O��OF'S�UjyOl Southold, NY 11971 Chair Q OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR lg'�+oU��� Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN.that, pursuant to Section 276'of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 19th day of November, 2012 on the question of the following: 4:30 p.m.- Proposed Open Development Area for-Maaratooka-North, LLC_ ',located at 17405 NYS Route 25, on the n/s/o NYS Rt. 25, approximately 1,185' e/o Mill Lane, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-115-2-6 4:32 p.m. Proposed Site Plan for Surrey Lane, LLC located at 46975 NYS Route 25 & fronts Lower Road & NYS Route 25, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-69-5-18.6 Dated: 10/23/12 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J. Wilcenski Chairman PLEASE PRINT ONCE ON THURSDAY, NOVEMBER 8, 2012 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Page 1 of 1 Kalin, Carol From: Candice Schott[cschott@timesreview.com] Sent: Wednesday, October 24, 2012 8:29 AM To: Kalin, Carol Subject: RE: Legal Ad for 11/8 Suffolk Times Hi Carol, have received the notice and we are good to go for the 11/5 issue. Thanks and have a great Wednesday! Candice From: Kalin, Carol [mailto:Carol.Kai in@town.southold.ny.us] Sent: Tuesday, October 23, 2012 1:13 PM To: tr-legals Subject: Legal Ad for 11/8 Suffolk Times Please print the attached legal ad for the 11/19/12 Planning Board Public Hearings regarding the Open Development Area for Maaratooka North, LLC and the Site Plan for Surrey Lane, LLC in the November 8, 2012 edition of the Suffolk Times. An e-mail confirmation of receipt for our files will be appreciated. Thanks. Carol Kalin, Secretarial Assistant Southold Town Planning Board Southold Town Annex, 54375 NYS Rt. 25 P.O. Box 1179 Southold,NY 11971 Phone: (631)765-1938 Fax: (631)765-3136 Carol.Kalinktown.southold.ny.us 10/24/2012 MAILING ADDRESS: PLANNING BOARD MEMBERSP.O.Box 1179 DONALD J.WILCENSKI O``�OF SQ�j�OI Southold, NY 11971 Chair '` OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR �ly`nuff Southold,NY 'V 11 Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 19th day of November, 2012 on the question of the following: 4:30 p.m. Proposed Open Development Area for Maaratooka North, LLC located at 17405 NYS Route 25, on the n/s/o NYS Rt. 25, approximately 1,185' e/o Mill Lane, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-115-2-6 4:32 p.m. Proposed Site Plan for Surrey Lane, LLC located at 46975 NYS Route 25 & fronts Lower Road & NYS Route 25, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-69-5-18.6 Dated: 10/23/12 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J. Wilcenski Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL 14ALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 23rd day of October, 2012 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 11/19/12 Regular Meeting: 4:30 p.m. Public Hearing for the proposed Open Development Area for Maaratooka North, LLC, SCTM#1000-115-2-6 4:32 p.m. Public Hearing for the proposed Site Plan for Surrey Lane, LLC, SCTM#1000-69-5-18.6 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this da j- y of �j.Q,� , 2012. 11 i V 1 Notaryublic MELANIE DOROSKI NOTARY PUBLIC,State of New York No.01D04634870 Qualified in Suffolk County Commission Expires September 30, t MAILING ADDRESS: PLANNING BOARD MEMBERS f SQ1 P.O.Box 1179 DONALD J.WILCENSKI O�� yQ. Southold, NY 11971 Chair' OFFICE LOCATION: WILLIAM J.CREMERS A Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JAMES H.RICH-III �Q ® �� (cdr.Main Rd. &Youngs Ave.) MARTIN H.SIDOR lij'Cou Southold,NY Telephone:631765-1938 Fax: 631765-3136 October 23, 2012 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Daniel C. Ross, Esq. P.O. Box 146 Mattituck, NY 11952 Re: Set Open Development Area (ODA)Sketch Plan Hearing: Open Development Area Maaratooka North, LLC Located at 17405 Route 25, Mattituck SCTM#1000-115-2-6 Zoning District: AC Dear Mr. Ross: The Southold Town Planning Board, at a meeting held on Monday, October 22, 2012, adopted the following resolution: WHEREAS,this proposed Open Development Area (ODA) will create a development area of 4.5 acres in a 22.5-acre parcel with the future potential to be subdivided into a,maximum of 3 residential lots and one 18-acre protected farmland parcel in the AC Zoning District; therefore, be it RESOLVED, that the Southold Town Planning Board sets Monday; November 19, 2012 at, 4:30 p.m. for a public hearing on the Sketch Plan for this ODA regarding the plat entitled "Survey of Property situate Mattituck, Town of Southold", dated June 20, 2012, prepared by Nathan Taft Corwin, III, Land Surveyor. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed -green return receipt cards before 12:00 noon on Friday, November 16th. The sign and the post need to be returned to the Planning Board Office after the public hearing. If you have any questions regarding the above, please contact this'office. Very truly yours, �a Donald J. Wlcenski Chairman Encls. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for an Open Development Area; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-115-2-6; 3. That the property which is the subject of this application is located in the A-C Zoning District; 4. That the application will create a development area of 4.5 acres in a 22.5-acre parcel with the future potential to be subdivided into a maximum of 3 residential lots and one 18-acre protected farmland parcel. The property is located at 17405 NYS Route 25, on the north side of NYS Rt. 25, approximately 1,185' east of Mill Lane, in Mattituck; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet by sending an e-mail message to: Carol.Kalinft_town.southold.ny.us; The office will be closed on Tuesday, November 6, 2012 & Monday, November 12, 2012. 6. That a public hearing will be held on the matter by the Planning Board on Monday, November 19, 2012 at 4:30 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Maaratooka North, LLC Date: 10/23/12 i Adjacent Properties for SCTM# 1000-115-2=6• 1000-115-2-3 1000-115-2-5 1000-115-2-7 1000-115-2-9.2 1000-115-2-9.3 1000-115-4-8.6 1000-115-4-13 1000-115-4-14 1000-108-2-1 4 AGRICULTURAL DATA STATEMENT TOWN OF SOUTHOLD When to use this form: This form must be completed by the applicant for any special use permit, site plan approval, use variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring this form must be referred to the Suffolk County Planning Commission in accordance with Sections 239-m and 239-n of the General Municipal Law. Applicant Name: Eric Keil, Maaratooka North, LLC Address: 30 East Gate Drive, Huntington, NY 11743 Land Owner& Address (if other than applicant): same as above Description of Proposed Project: This proposed Open Development Area (ODA) will create a development area of 4.5 acres in a 22.5-acre parcel with the future potential to be subdivided into a maximum of 3 residential lots and one 18-acre protected farmland parcel in the AC Zoning District. Property Location (road and tax map#): SCTM#1000-115-2-6; 17405 NYS Route 25, on the north side of NYS Rt. 25, approximately 1185' east of Mill Lane, in Mattituck. Is this parcel actively farmed? Yes No Names &addresses of any landowners within the agricultural district containing active farm operations located 500 feet of the boundary of the proposed project: SCTM#1000-115-2-9.2 & SCTM#1000-115-2-9.3 Cheryl Viviano 36020 NYS Route 25, Cutchogue, NY 11935 SCTM#1000-115-2-10.1 & 10.2 and SCTM#1000-115-2-11 Henry M. Rutkoski 18275 NYS Route 25, Mattituck, NY 11952 SCTM#1000-115-2-3.1 William P. Ruland P.O. Box 164, Mattituck, NY 11952 SCTM#1000-115-4-8.6 Marratooka Props., LLC P.O. Box 4, Mattituck, NY 11952 Attach a tax map or other map showing the site of the property where the project is proposed relative to the location of farm operations identified above. Applicant Signature Date AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 11/16/12 Re: Proposed Open Development Area for Maaratooka North, LLC SCTM#s: 1000-115-2-6 Date of Public Hearing: Monday, November 19, 2012, 4:30 p.m. Town of Southold PC/Codebook for Windows §55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-20031 Whenever the Code calls for a public hearing this section shall apply.Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon.Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date,place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated,proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town,which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant,petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail,return receipt requested,posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property,nature of relief or approval involved, and date,time and place of hearing. The applicant,petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. 1 MAARATOOKA NORTH , LLC OPEN DEVELOPMENT AREA FOR i4AARATOOKA NORTH , LLC 1 000 - 1 15-2 =6 Proposal to create a development area of 4.5 acres in a 22.5-acre parcel with the future potential to be subdivided into a maximum of 3 residential lots and one 18-acre protected farmland parcel in the AC Zoning District. - MONDAY — NOVn 19 , 2012 — 4 : 30 P. M . COMMSIONDATE.A901.2011. y S- Z�r .0 -'Y - 04-07-99 ls� VAd" s 06-17-99 SEE SEC NO 108 SEE SEC NO IDS MATCH- N 2115.2110 113-10-00 N 305.682 U ti -Z—————— ———Z�--—— ----z— Z-- —=-V- 10-12-00 rfj., 9 3 1 0 (MWNOFSOUTMLD 3.11-y Iuz DEVELoPMEAFT'RGHTS) PORT 1016-00 ,I 1, 9'. 1 1 J, ". w ifazil 07-18-02 z 13 6 9 02-13-02 17 CA(c) 23 3A(C) I 2 OA I 02=28=02 70 0-17-02 (IO WN OF 1gj 6 EL.P.= 5 1 36 09-19-02 Z -4 to 39A -j z 2 . t� 21aa ia 132 - 03-05-03 311 =1 In 33.0A(C) is 4A(C) M12-0 0 W 3 03-18-04 U.,g (MINNOFSOUTHOLD km 3-B-04 w 5 .3 V 03-16-08 DEVELOPMENTRtGHTS) is i \,. A A5 -11.9A�01 03-29-08se t4 0) 5 05�09-05 113 S -. I A 08-03-06 10 1: JA(r) 7 r- r, W05-07 2.QPJL-p 7 aA(c) b CIE, 11-75-07 0: I 682 on SC 12-22-08CA 05-12-1025 (b OB-20-10 ai1 23 9A(c) 04-22-11V ID-21-11 7 0-1"'N it IS. 35 14 24 5A Z�� -b (TOWN OF SOUTMLO 10.7A(e) mi DEVELOPMENTRIGHTS) 6 n n 13 9 3 9 P SAO 23 TOWN�soU1NOLD a, J4og V 5, 86 12,%, 32 3A 4 3A(c) V, 25 21 3 2 OF-0 15 ppio F EM B 13 a CONSE­.. ..- It -, 3.1 XI 26 131 9 an a 16 We) 17 32 28 P) 181 /* MARRATOOKA is 1.2A(c) 33.3 is LAKE 3 bAk-1 .6 'auV "17.5 w1 t V 26 17.27 PI) 336 84 20 92 22 7A(c) 1 19 ,mo2526 All z OPIc\ 1728 TOWN OF SOUTHOLD 24 tw1 „0 5 2 izq t-I 94 w a 34 1 3 ,m) 23 A17 2i m2fi 31 1 112 TOWN or 3 OLK 8; 0 1,% 22 3 22 A Q*)' 3A 2A 4 -. o - i 15 1A(Q 'A"t A.) N 1121 R.) AA 65 OUT 3 OA(C) 527 VA(G) 2 is�Jsb I A is A 2. 1 2rs ,m20 13 10A(.) IT 4 i w 44 3A(C) FOR PARCEL L.1 SEE SEC NO r. io k, is 11 is 123-01-002 2ro° nw) 12 Im ge m 15 14 m is 112 asa 0 R V, pp hh wo z11 13 8 16 w 14 5 is FOR PARCEL NOE 11 b Deep Hd.CmAr 14 6 7A(c) FOR PCL NO SEE SEC NO In 5 13 SEE etU NO 123-01-002 1 1226 FOR PCL NO b 2 2A(C) SEE SEC NO 122-05-004 123-03mO28 82'1 1 ——— 14 A 1, Z. N 3D2.8 z Z- ---z———————— In �1,13028112 - MATCH UNE Th MATCH LINE SEE SEC No Im SEE SEC NO 123 As 15:2 14 S 13 8 12 MATCH UN 1A(°l T73 FOR PCL N SEE SEC N HOLE 123_D3.028 L NOTICE COUNTY OF SUFFOLK K 107 11 1- TOWN OF SOUTHOLD SECTION NO E s-B­owq w (21) E G WW MAINTENANCE,ALTERATION SALEOR Real Property Tax Service Agency y E RE 2930 DISTRIBUTION OF�PORTION OF THE County Center Riverhead,IN Y 11901 m 11. 15 116 'ALLAGEOF 45.46 SUFFOIACOUNTYTAXM�ISPROHIBI ED C&E IN REET 116 N INITHOUT MITTEN PERMISSION OF THE 0 A D 23 12IA(d).121A DISTRICT 140 1006 O4vbleaAmREAL PROPERTY TAX SERVICEAGENCY P in ,a PROPERTY MAP 12 1 A(C) W-U- 2 CONVERSION DATE 0221 2011 mvtsgm 06-11-96 SEE SEC NO 101 FOR PCL No 11-20-96 9 SEE SEC.NO 101 SEE SEC.NO. 01-28-98 q UNE 101-02-0201 SEE SEC NO 101 UNE N 289AW (2541-98 N 310.4821 MATCH MATCH 77 09-03-98 Z ul - Lu z G4-13-01 z u 05-2$-01FOR PCL NO 0226.02 S J SEESEC NO 7.1 03-0"2 100-04-004 194A N 06-12-0318-04 Iz 02- w FOR PCL No W3 04-03406 w 0 SEE SEC No A% 109-01-011 05-05-07 w --119 12-MIO 657 GA(c) 3 9 GA(c) 0 < nl 27A(c) COMMUNRY04RISTIA C, FMOASHIP 4 7A(c) 0 63 19?A(c) 5.1 17 GA 12 SA(c) (mWNGFS0tRH0W FOR PCL No (COUNrYOFSUFFOLK DEVEMMENTJUGHM) SEE SEC NO 109-01-0101 DEVELOPMiNrFUGHYS) 721 O eel 720 I, S, 0 - I - 17.3A(c) Lul co 7.19 3 - 11 3 SA(c) e (wWNoFsowH= 718 DEVELOPMEWRIGHM) m e 7.17 113A 82 750 Ci I 2 10 SA(c) 7A6 4 3A(c) z 19 24A(c) e FOR PCL No SE w _E SEC cn OT 715 lo109-01-008NO i 1��/, ^��� 749714 5.16 <1 (4) 151 7.48 713 a 4.7A(c) 1?A(c) e 5.15 I 747 7 Q. 712 7.32 -P 514 7 711 1 t12.7 754 710 513 ZQA(c) 4 RI F FOR PCL NO I It Io 40,tl-b SEE SEC NO. 733 730 bl? 13.8 109-01-008.49 512 Po 12.5 ul 4-3A(c) 5 BA(c)734 729 735 728 13.11 fro r 4.IA(c) 738 7277.6 5.10 944A 2 726 84 725 1312 z7.38 74 lb 4.3A 10 C3 r,� 41 724 95 - I 1c 11 739 Z7A 23 BA(C) 7.3 723 1.OA(c) 1yE 5.7 136 740 41A(c) % FOR PCL NO743 9.3 FOR PCL NO FOR PCL NO. FOR PCL NO 11 1 9A SEE SEC NO SEE SEC NO SEE EG NO SEE SEC NO FOR PCL NO. 7.41 113 115-02-0011 115-02-003 116412-006 115-02-0093 SEE SEC NO on ¢ 746 744 1 BA ss (60') 115-02-0102 53 A(c) 25 112 1 3A(c) 23A ogf SCK N 306.682N3M6M MATCH UNE Lax L W.L— NOTICE COUNTY OF SUFFOLK C K TOMOF SOWHOLD SECT(ON NO y (21) Mad" '1 15- V 171 MW 25 Z- D*ww F"offrjuGHTS 10-12-GG Is C DEVELO ) F 10-16.0621AA(e) rZI 11-3o-uu M I Lu 101 6 92 is 01-15-02 3 o2-13-02 23 3A(c) 20A 17 OA(e) Vt. 02-28M �I5` b 05-17-02 (amo wN or so 'S"I - - 1 3.6 )EIAELoPIWENT to 3.9A jz 2 as im 09-ism 0(3 21 ia 132 3 s 4A(c) 03-05-03 33 OA(e) W12-U3 uj� u.,ug (TowNoFsoumma 03-18-04 oIn OEMOPMEIffPJGHTS) 's.A - (yB 03-16-08 A 15O 5 03-29-06 14 A3 05-09-05. tikr) 7 O84M4r. towY co 1 73©A(c) Its 05-05-07 bi ii-15-07 Opj 12-22-08 9A(c) 12-10 00 23 4b VZ1 X-22-11 10-2141 3.5 24 SA 8 10O y6 (TOWN OF SOUTHOLD JA(r) -.n oEvaoPwEAfrPJGffrS) em 23 co 13 13 is ,WMoFsOUT"D`D 4 it1 J4 A 5 C. as ----- 2-1 32 3A .1 2 25 ffi ilel & ATtON A an 41 m 31.1 13.1 on 26 Ac) 27 16&Me) 14? 0 21 1 32 1 I mt 15 23 M -2B 5 -# zi MARRATOOKAis pq .2A(d) SIC) as LAKE 333 ws 3p am - P"- 1726 1727 I mlLK IAA(c) 20 184 91 BAO 30 318 10 26 29 22 7A(c) 7b 1 O I -AC) 92. on z TOWN OF SOUTH LD "13 C�6 pn MI '.'m on ol "o-) 11 11A 17.29 w w U) 31.1 TOINN 01 25 Om C;n I.3A 22 ,,,Jj�r-r- jL.K b 8t.�. "'t r. - 1(1 7y 24 -gy WI 5.1 7 VI I S I Pkel . 15 1A(Q A (I zi 02 TcvmoF 6`5 2.3A(c) S420 3 0A(0A(e) IS, r is In A10 52 111' Nl ra)11"B 231 I SA(c) :DA(e) AT is io 13 1.5 4 A(c) us tic) ti" 44 3A(c) FOR PARCEL N 11 10 m 11 isiP6 0 "1!01 118 SEE SEC NO' X 01 G) 123-01-0022 m is IT! - A 0 NO W25 e alIw 13A(c) m,pto 15 18 w FOR PARCEL NO 6 7A(c) w D.P md.c-k VIM A1.12 13 w r1N mSEE SEC NO OFOR PCL NO 12 25 FOR PCL NO 123-01-002 1 SEE SEC NO c) SEE SEC NO 07 122-05-004 123-03-028 5 6 ',S) AT13 1430288flra: s -----Z--------z - fit 14 LINE 1430Z z ----z———— ————---z————— —z- M;�TcwUNE SEES..�'a Im UNE 5 t 11.1 76`a 'z MATCH SEESEC NO 123 13 11 1•pJ.cl J3 iA V J4 III 12343428 COUNTY OF SUFFOLK K IN IN IN TGWNOF SOUTHOLD SECTION NO E L ------ NOTICE aorAy (21) MWENAMCF-ALTERKTIOK SALE m Real Property Tax Service Agency y I's 115 MU.AGEOF ------- —y— nII,I ,Im DISMISUrMCFANYPORTIO OFTHE County Center Rmerhmd.N y IISDI UeeR 45 IM m6 SCALE W FEEr L 400 A uy.odn,t® WTHOUTVAUrrENPERMISSIONOFTKE no DISTRICTNO 1000 rpsem- PROPERTY MAP 23 IZIAtd)9rl2.IA FWALPROPEFrIYTAXSEWCEAGOCY p 1.2 AGRICULTURAL DATA STATEMENT TOWN OF SOUTHOLD When to use this form: This form must be completed by the applicant for any special use permit, site plan approval, use variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring this form must be referred to the Suffolk County Planning Commission in accordance with Sections 239-m and 239-n of the General Municipal Law. Applicant Name: Eric Keil, Maaratooka North, LLC Address: 30 East Gate Drive, Huntington, NY 11743 Land Owner&Address (if other than applicant): same as above Description of Proposed Project: This proposed Open Development Area (ODA) will create a development area of 4.5 acres in a 22.5-acre parcel with the future potential to be subdivided into a maximum of 3 residential lots and one 18-acre protected farmland parcel in the AC Zoning District. . Property Location (road and tax map#): SCTM#1000-115-2-6; 17405 NYS Route 25, on the north side of NYS Rt. 25, approximately 1185' east of Mill Lane, in Mattituck. Is this parcel actively farmed? Yes No Names & addresses of any landowners within the agricultural district containing active farm operations located 500 feet of the boundary of the proposed project: SCTM#1000-115-2-9.2 &SCTM#1000-115-2-9.3 Cheryl Viviano 36020 NYS Route 25, Cutchogue, NY 11935 SCTM#1000-115-2-10.1 & 10.2 and SCTM#1000-115-2-11 Henry M. Rutkoski 18275 NYS Route 25, Mattituck, NY 11952 SCTM#1000-115-2-3.1 William P. Ruland P.O. Box 164, Mattituck, NY 11952 SCTM#1000-115-4-8.6 Marratooka Props., LLC P.O. Box 4, Mattituck, NY 11952 Attach tax map or other map showing the site of the property where the project is prop a relative to the location of farm operations identified above. Applicant/Agent Signature f Date A31 ' X Keegan & Keegan, Ross & Bio' sner, LLP ATTORNEYS AT LAW Thomas J.Keegan Jr. 315 Westphalia Avenue Phone»631.298.1200 Daniel C.Ross Post Office Box 146 Fax))631.298.4427 Jamie G. Rosner Mattituck, New York 11952 Web»www.keeganlaw.us Thomas J.Keegan(1923-2003) October 11, 2012 , Southold Town Planning Department Att: Ms. Alyxandra Sabatino Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold,New York 11971 d r h �1 Melissa Spiro, Land Preservation Coordinator ! w Town Hall Annex Building (L 0 C 15 2012 54375 Route 25 _ PO Box 1179 ` Southold Town Southold,NY 11971 Plannma Board Re: ODA Subdivision Application of Maaratooka North, LLC Development Rights Purchase and Sale Agreement Premises: 17405 Route 25,Mattituck,NY S/C/T/M#: 1000/115/02/006 Dear Ms. Sabatino and Ms. Spiro: S Enclosed is a copy of the Survey of Maaratooka North, LLC Property dated June 20, 2010. On Tuesday, October 16, 2012, I intend to request that Surveyor Nathan Corwin remove the "RESERVED AREA NOTE"portion of the survey and then make the appropriate number of copies for purposes of submission to the Planning Board in connection with the referenced application. If there are other changes that you desire,please do not hesitate to advise. 11, understand that the Planning Board and/or the State may want changes which and I will deal with those requests at that time. V / ly yo ; Daniel C. Ross L/real/alcl/Kei1-townDR/P1anBrd-Ltr6. 'ice..=`�, 1; t , •'„',,.�i' ,,:-,.,,.y...-;, .,.___wj �.�-,` �_t _^: t��. '.`,-a- � •°' ,,.- --- - - -' _ `'_ Western Suffolk Office» Patchogue,'New York--- - h. .,`y 1 ip F MAILING ADDRESS: PLANNING BOARD MEMBERSS� P.O.Box 1179 DONALD J.WILCENSKI O` QF (/jyQl Southold,NY 11971 Chair O OFFICE LOCATION: WILLIAM J.CREMERS � � Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR lif'COUo, Southold,NY Telephone:631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 29, 2012 Daniel C. Ross, Esq. 315 Westphalia Avenue, PO Box 146 Mattituck, NY 11952 Re: Conservation Subdivision/ODA for Maaratooka North, LLP Located at 17405 State Route 25, Mattituck SCTM#: 1000-115-2-6 Zoning District: AC Dear Mr. Ross: The Southold Town Planning Board reviewed the above-referenced application at their June 18, 2012 Work Session and have agreed to the following changes to the Sketch Plan: 1. Change the language from "Reserved Area Note" to "Open Development Area Note". 2. Change the "Open Development Area Note" language to the following: "The Maaratooka ODA permanently preserves 18 acres leaving a 4.5 acre development area in which three lots are allowed to be created and subdivided in the future (and the right to three uses is retained in the development area). Creating three lots in the 4.5 acre development area will result in at least one of the lots being less than the 80,000 s.f. minimum lot size required by Town Code. This was designed in accordance with the Town Code clustering provision which allows for lots to be created smaller than the minimum lot size so long as there is a� sufficient amount of land set aside as "clustered open space", and so long as the density of the over-all parcel is not increased." 3. Change the notation in Open Development Area from "Reserved - Open Development Area (See Reserved Area Note)" to Open Development Area (See Open Development Area Note)". 1 4. No lot lines are needed in the Open Development Area. Please remove them from the plat. i Maaratooka North Page Two June 29, 2012 Please submit 12 paper copies of the revised Sketch Plan. Review Article VIII, Open Development Area for the requirements to continue towards approval of the Open', Development Area. If you have any questions, please do not hesitate to contact this office. Thank you, Very truly yours, C v Alyxandra Sabatino Planner I i I i I WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, June 18, 2012 4:00 p.m. Southold Town Meeting Hall 4:00 p.m. Applications Project name: Koehler Family Limited ( SCTM#: 11000-115-10-1 ! - --- - -- Partnershi-i?--- --- -- - ---- -- I - -- -- - - Location: 4180 New Suffolk Avenue, Mattituck Description: j This proposal is to subdivide a standard subdivision into seven lots where Lot 1 equals 36,317 sq. ft; Lot 2 equals 41,746 sq. ft.; Lot 3 equals 64,148 sq. ft.; Lot 4 equals 31,000 sq. ft.; Lot 5 equals 32,056 sq. ft.; Lot I6 equals 32,881 sq. ft.; Lot 7 equals 32,945 sq. ft.; and where the Open .` Space equals 379,814 sq_ft._located in the R-80 Zoning District. E Status: _; New Application Action — }_Review for completeness__ Attachments:_ i Staff Report - - - - ----- - -- -- --- - - - -- ------ - -= - - - - - Project name_ l_Maaratooka North, LLC __ ; SCTM#: ; 1000-115-2-6 !-.Location: _ _ ' 17405 NYS Route 25, Mattituck Description: j This proposed Open Development Area (ODA) will create a development area of 4.5 acres in a 22.5-acre parcel with the future potential to be subdivided into a maximum of 3 residential lots and one 18-acre , protected farmland parcel in the AC Zoning District. Status:____ Pending I Action: Review reserve note and changes to plat. Attachments: Staff Report Project name: _ T Mill Creek Inn & Marina _ --_— i SCTM#: ; 1000-56-7-2— Location: 64300 NYS Route 25, on south side of Rt. 25, 424' west of Dolphin Drive, Greenport Description: I This site plan is for the proposed improvement and renovation to an existing 50 slip marina & 8,989 s.f. restaurant with new marina/dock I master building, parking areas and site drainage on a 3.27 acre parcel in the M-II Zoning District. Status: '; Pending_ Action: 1 Review draft ZBA comments. Attachments. Draft Comments Project name_ — Harbes Family Winery __; SCTM#: 1000-120-1-4 & 1000-112-1-7_1, Location: _ Northwest corner of Sound Avenue and Hallock Avenue in Mattituck _ Description_ This site plan is for the addition of retail winery and wine production facilities to an existing farm stand. The overall property is 15.61 acres in the A-C Zoning District. Status _—, Pending— — - Action: Status U date _ p=--------________-_-------------- ___- _--------_-__ ----- -------------- -- —_. Attachments: ; Staff Report WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, February 6, 2012 2:30 p.m. Executive Board Room, Town Hall Annex 2:30 p.m. Applications Project name: IrMaaratooka North, LLC;} SCTM#: J 1000-115-2-6 Location: �__L17405 NYS Route 25, Mattituck _ _ _` Description: This proposed Open Development Area (OD_A) will_crea_ _te a dev_elo—pment area of 4.5 acres in a 22.5-acre parcel with the future potential to be I subdivided into a maximum of 3 residential lots and one 18-acre J protected farmlandparcel in the AC Zoning District. Status: New Application Action: T Completeness Review; review draft letter to applicant Attachments: Staff Report J (—Project name:—7 Goggins I SCTM#: 1000-114-11-9.1 j I Location: 13200 Route 25, Mattituck - -- _J 1 Description: This proposed site plan is to convert an existing 2,187 s.f. single family dwelling to three apartment units at 850 s.f., 850 s.f. and 486 s.f. Seven ' parking stalls are proposed at 13200 NYS Rt. 25, Mattituck, in the HB Zoning District. TStatus: Pre-submission Action: _ _ Review draft comments to ZBA. Attachments_^ Draft Comments Project name: TTwin Forks Landsca in _ I SCTM#: 1000-83-3-8 =j Location: -- West side of Cox Lane, approximately 500 feet south of Oregon Road, I Cutchogue +, Description: This site plan is for the construction of a 6,000 sq. ft. addition to an existing 1,263 sq. ft. building having a total of 7,263 sq. ft. of building to be used as a contractor's yard on a 1 acre parcel in the Light Industrial _ Zoning District. Status: Pending _ _ ' Action: Completeness Review i Attachments: Staff Report Project name: �Winston, Eve SCTM#: 1000-105-1`4 _ J I Location: 3450 Private Road #13, — __ _ _ _ _ —_� _ � \ Mattituck Description: This proposal is a standard subdivision of a 5.58 acre parcel into two lots where Lot 1= 1.7 acres (74,027 s.f.) and Lot 2 = 3.88 acres (169,022 s.f.) _ in the R-80 Zoning District. Status: Pending__ Action: Consider Sketch Plan Approval i -- --I Attachments Staff Report MAILING ADDRESS: PLANNING BOARD MEMBERS �pF SO�jP.O.Box 1179 MARTIN H.SIDOR h�� Op Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS r Town Hall Annex KENNETH L.EDWARDS G 54375 State Route 25 JOSEPH L.TOWNSEND (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI ��COU � Southold,NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 12, 2011 Mr. Daniel C. Ross, Esq. 315 Westphalia Avenue, PO Box 146 Mattituck, NY 11952 Re: Conservation Subdivision/ODA for Maaratooka North, LLP Located at 17405 State Route 25, Mattituck, NY 11952 SCTM#: 1000-115-2-6 Zoning District: AC Dear Mr. Ross: The Southold Town Planning Board has reviewed the above referenced application at their January 10, 2011 Work Session. Based upon this review the Southold Town Planning Board has accepted the above referenced application for formal review, however, clarifications and revisions are requested. The Southold Town Planning Board would like clarification on the following: 1) Please clarify the "Reserved Area" note. If the applicant would like to create two lots on the "Reserved ODA" area, currently proposed as Lot 1 at 4 acres, then the Sketch plan submitted to the Southold Town Planning Board must show all the lots to be created in the future. 2) Please clarify which of the proposed buildable lots will be attached to the farm lot shown as Lot 2 on the map submitted to date. 3) Please clarify where/how proposed Lot 3 will have access. The Southold Planning Board has also requested the following initial revisions. Please note that more revisions to the map may be requested based upon comments form interested agencies and departments once the application has been referred for comment: L 1 1) Please change the title of the map to read as follows: "75/75 Conservation Subdivision/Open Development Area for Maaratooka North, LLC" 2) Please remove the "Reserved Area" note from the map. 3) Once the above clarification requested have been, please reflect those clarifications upon the map. Once these revisions have been made, the application will be referred out to all applicable commenting agencies for further review. If you have any questions, please do not hesitate to contact this office. Thank you. 5 Sincerely, Tamara Sadoo Planner h�sner, LLP Keeg' & Keegan, Ross & ATTORNEYS AT LAW Thomas J. Keegan Jr. 315 Westphalia Avenue Phone))631.298.1200 Daniel C. Ross `;` . F ; Post Office Box 146`. : _Fax)6 1.2 8v 2 3, 9 44. 7 -Jamie G.`Rosner�' ' Mattituck, New York?1952- Web.i'wwwrkeeganlaw.us Thomas J.Keegan(1923-2003) .'nY.peg "yf' -',-t-•_ ,. 'J: _ 4°'" December 28, 2010 Southold Town Planning Board _ -= Town Hall Annex Building 54375 Route 25 1: ; P.O. Box 1179 _ Southold,New York 11971 ' Re: Development Rights Purchase and Sale Agreementand ODA Sul_idivision" Maaratooka North,LLC and Town of Southold . Premises: 17405 Route 25,Mattituck,NY S/C/T/M#: 1000/115/02/006 Dear Mr. Sidor: Enclosed lease find Maaratooka North,, check in the amount,$500.00 for the fee p 0 for the conservation subdivision application'that was recently submitted to the Planning Board for consideration. v y urs, e Ross check enclosed L/real/alcUKeil-townDR/P1anBrd-Ltr4 Western SulFolk Office» Patehogue,�New York '!Jd Keegl i & Keegan, Ross & 1,. `sner, LLP ATTORNEYS AT LAW Thomas J. Keegan Jr. 315 Westphalia Avenue Phone»631.298.1200 Daniel C.Ross Post Office Box 146 Fax))631.298.4427 Jamie G. Rosner Mattituck, New York 11952 Web))www.keeganlaw.us Thomas J.Keegan(1923-2003) Octo , �'D Southold Town Planning Board Att: Martin Sidor, Chairperson Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold,New York 11971 Re: Development Rights Purchase and Sale Agreement and ODA Subdivision Maaratooka North,LLC and Town of Southold Premises: 17405 Route 25,Mattituck,NY S/C/T/M#: 1000/115/02/006 Dear Mr. Sider: This is further to a pre-submission conference on 12/16/09 that I attended with Mark Terry and Tamara Sadoo regarding the referenced matter. :i Enclosed please find an application to the Planning Board, including: 1. Sketch plan application form; g �- C" [ VY., 2. Authorization Letter; !_11 3. Copy of deed; 4. Part I of Environmental Assessment Form; i ' I ,j DEC 2010 =_ 5. Application fee; �p Y`P-�2! "� � j��Jjy t��YY1 i`� IIE 6. LWRP Coastal consistencyform; Southold Town jc? ` A 7. Table showing calculations for yield are on the map; € Planning Boar+ r m 8. Five copies of proposed sketch plan survey. e yo ' = Daniel C. Ross cc: Melissa Spiro, Land Preservation Coordinator enclosures _ L/real/alcl/Keil4ownDR/PlanBrd-Ltr3. - s .1 ;� f'?" � � {'„ �•—r ,�,t' f �: ��I I I ~l � `�,I i- ,-- i -`! ?J ' � - 1 �� t'� 1 '` 4� '` - Western Suffolk Office» Pateliogue New York#� -i —f a ,.._ cm ,y6; & Keegan, Ross & �'�.��sner, LLP Keeg ATTORNEYS .AT LAW n Thomas J. Keegan Jr. 315 Westphalia Avenue Phone))631.298.1200 Daniel C. Ross Post Office Box 146 Fax 631.298.4427 Jamie G. Rosner Mattituck, New York 11952 Web))www.keeganlaw.us Thomas J.Keegan(1923-2003) 1 September 22, 2010 ` Planning Department Att: Mark Terry and Tamara Sadoo 1� 'J_ U W Town Hall Annex Building ~�`� 54375 Route 25 2010 PO Box 1179 Southold,NY 11971 ' � Sou`�hold Town � Re: Development Rights Purchase and Sale Agreement-and-ODA Subdivision Marratooka North,LLC and Town of Southold Premises: 17405 Route 25,Mattituck,NY S/C/T/M#: 1000/115/02/006 Dear Mark and Ms. Sadoo: ' This is further to our pre-submission conference on 12/16/09 regarding the referenced matter. I have enclosed my only copy of the second draft of a survey to be submitted with an application to the Planning Board. Please advise if further changes are recommended. " 1 e ur , Daniel C. Ross cc: Melissa Spiro, Land Preservation Coordinator DCR:kr L/real/alcl/Kei i-townDR/Pl anDept-Ltr l. Western Suffbik OfficePatchogue; New York - "t w , KY.5.PLANE NAD e3; _'C�R L''L SITE DATA \ q `" �� ,`\ •\\ �T9 ! � , e �9�gYi `\ oawici LKw1�Yaµicl b I O •\ `,\`.\ \�\I Sol W �\+• �•`$, .�°C ``` \ 80/60 CONSERVAnON SUBDIVISION QI 59a•1040E 19063' ``\ (��'Y• / A ! � _ \ �O\�\ W6o�Etl lA\V � .uJtfJ�c� Q99e•IaYOE 30609' `,\ ,a� \��?OA� \ ` 4 ®9ao•aalo•e se a9' / Iv o � �ee.°M.ceN`..°�eseo rr/eoaoo v .v ems ®539•Ia'IOE 9900' •�\ dt F �(O\\0 \\\ � ��y� 11� 1 r�J.o ox veieavle�e u�w.u the x oM •�Jm• t wR^Opls Ir¢I. .aleft/L w om .T\o, ` D ��\ tl •� ,,�1 \ \`\ /; wc�w�...cmar..ac.,J�, .z�ew.c x.ae eoa 0\, (L��ldJ�\"�" s \�♦ \\_� / \ 1 \\ \- ENSIh�RS CEFrnFIOATION C \ oto 9LRVEYORS GBtT]FICAnON� I � rx' 1 �NElyh tt �a\o 1 80/60 CONSERVATION SUSDIV15ION PETER HARBE5 at L.—I,Town oP S..thold 5,Af.lk C.tq,New York SKEI'GN PLAN `\ \ lcvRy Tax Mep—1-1- moa u II II \ ! / — \ �'�/ 9wie.I•. lou aye i d -- Sout Id Planning Department Sta,',-Aeport Subdivision Application Work Session Review Date 12/3/12 Prepared By: Aly Sabatino I. Application Information Project Title: Conservation Subdivision of Maaratooka North establishing an Open Development Area (ODA Applicant: Maaratooka North LLC Date of Submission: December 6, 2010 Tax Map Number: 1000-115-2-6 Project Location: 17405 S.R. 25 Hamlet: Mattituck Zoning District: AC II. Description of Project Type of Subdivision: ODA- Conservation Subdivision 75/75 Acreage of Project Site: 22.5 acres # of Lots Proposed: 2 III: Status Pending IV: Action to review Covenants and Restrictions and Revised Plats V: Analysis This applicant is proposing an Open Development Area (ODA). In an ODA the application begins at the Sketch Plan process with a 75/75 Conservation Subdivision- The NY State Department of Agriculture is funding a part of the sale of developments rights through a grant to the Town. The State is requiring three provisions be placed upon this property (included in numbers 2-4 of the Covenants and Restrictions) The correct yield in the open development area allows for three lots. However, the State is requiring that the land only be allowed to be subdivided into 2 lots (one connected to the farm with a perpetual right of ingress/egress and one lot of up to one acre in size located in the Open Development Area.) The applicant agreed to a two lot-yield however, wishes to retain the right to three uses in the Open Development Area. Public Hearing issues: A neighbor was concerned that the farm will be landlocked because there is no driveway shown on the plat: A covenant and restriction will be placed on the property to l Sout'�.,,Id Planning Department Sta Zeport perpetually have all ingress/egress though the reserve area to the adjoining agricultural land as per the State's requirement. VI: Staff Recommendations 1. Accept the Covenants and Restrictions 2. Changes to the Plat: a. This ODA is a 75/75 conservation subdivision. Remove the 80/60 conservation subdivision calculation and replace it with the correct 75/75 calculation. b: Remove the notations "lot 1" and "lot 2" from the plat. The development rights sold easement will remain part of the same parcel as the open development area. No new lots will be created as a result of this application. 3. Once the changes are made to the plat and the covenants have been approved by the NY State Department of Agriculture and, recommend for Sketch Approval, with a condition that the Covenants and Restrictions are filed once the Town Board approves the ODA, at the next meeting (January 14th 2013 meeting). Once Sketch Approval has been given by the Planning Board the next steps to finish the ODA are as follows; 1. The agent must submit the following items to the Town Clerk a. A completed petition to establish an open development area; b. Three Mylar and 12 paper copies of a map prepared to a scale of one inch equals 100 feet; c. Contract of purchase for the 18 acre development rights easement. 2 \I SoutiA Planning Department Stairkeport Subdivision Application Work Session Review Date June 18, 2012 Prepared By: Aly Sabatino I. Application Information Project Title: Conservation Subdivision of Maaratooka North establishing an Open Development Area (ODA Applicant: Maaratooka North LLC Date of Submission: December 6, 2010 Tax Map Number: 1000-115-2-6 Project Location: 17405 S.R. 25 Hamlet: Mattituck Zoning District: AC II. Description of Project Type of Subdivision: ODA- Conservation Subdivision 75/75 Acreage of Project Site: 22.5 acres # of Lots Proposed: 3 III: Status Pending IV: Action to review Reserve Area Note and Revisions to plat V: Analysis This applicant is proposing an Open Development Area (ODA). In an ODA the application begins at the Sketch Plan process with a 75/75 Conservation Subdivision- 75/75 Conservation Subdivision: 22.5 acres (buildable land) x 0.75 (required preserved percentage) = 16.875 (Required Preservation) The applicant is preserving 18 acres of land, more preserved than required. 22.5 acres (buildable land) -16.875 (required preservation) = 5.625acres (developable acres). The applicant is developing 4.5 acres, less than the required development. 22.5 acres (buildable land) x 43,560 sq. ft. (acre in sq. ft.) = 980,010 sq. ft. 980,010 sq. ft. (buildable land in sq. ft.) / 80,000 sq. ft. (AC zoning) = 12 lots (maximum amount of lots) Souf ,d Planning Department Starr-report 12 (lots) x .25 (% of developable acres) = 3 lots (allowable # of lots in the 5.625 acres developable area) Up to 3 lots in 5.625 acres (acres developable) The applicant is proposing up to 3 lots in 4.5 acres VI: Staff Recommendations Changes to Plat: a) Change "Reserved Area Note" to "Open Development Area Note". Change the above note to the following; "The Maaratooka ODA permanently preserves 18 acres leaving a 4.5 acre development area, in which three lots are allowed to be created and subdivided in the future (and the right to three uses is retained in the development area). Creating three lots in the 4.5 acre development area Will result in at least one of the lots being less than the 80,000 s.f. minimum lot size required by Town Code. This was designed in accordance with the Town Code clustering provision which allows for lots to be created smaller than the minimum lot size so long as there is a sufficient amount of land set'aside as "clustered open space", and so long as the density of the overall parcel is not increased." b) Change the notation in Open Development Area from "Reserved- Open Development Area (See Reserved Area Note)" to Open Development Area (See Open Development Area Note)". c) No lot lines are needed in the Open Development Area. Please remove them from the plat. 2 Sout...- Id Planning Department Ste keport Subdivision Application Work Session Review Date February 6, 2012 Prepared By: Aly Sabatino I. Application Information Project Title: Conservation Subdivision of Maaratooka North establishing an Open Development Area (ODA Applicant: Maaratooka North LLC Date of Submission: December 6, 2010 Tax Map Number: 1000-115-2-6 Project Location: 17405 S.R. 25 Hamlet: Mattituck Zoning District: AC II. Description of Project Type of Subdivision: ODA- Conservation Subdivision 75/75 Acreage of Project Site: 22.5 acres # of Lots Proposed: 3 III: Status Pending IV: Action to review Completeness Review V: Analysis This applicant is proposing an Open Development Area (ODA). In an ODA the application begins at the Sketch Plan process with a 75/75 Conservation Subdivision- 75/75 Conservation Subdivision: c 22.5 acres (buildable land) x 0.75 (required preserved percentage) = 16.875 (Required Preservation) The applicant is preserving 18 acres of land, more preserved than required. 22.5 acres (buildable land) -16.875 (required preservation) = 5.625acres (developable acres). The applicant is developing 4.5 acres, less than the required development. 22.5 acres (buildable land) x 43,560 sq. ft. (acre in sq. ft.) = 980,010 sq. ft. 980,010 sq. ft. (buildable land in sq. ft.) /80,000 sq. ft. (AC zoning) = 12 lots (maximum amount of lots) Soutfluld Planning Department Sta, ,Report 12 (lots) x .25 (% of developable acres) = 3 lots (allowable # of lots in the 5.625 acres developable area) Up to 3 lots in 5.625 acres (acres developable) The applicant is proposing up to 3 lots in 4.5 acres VI: Staff Recommendations 1) Changes to Plat a) Change "Reserved Area Note" to "Open Development Area Note". i. Change the above note to the following, "Up to three lots allowable in Open Development Area. Each lot is associated with 80,000 square feet and meets the minimum bulk schedule for 3 uses." b) Change the notation in Open Development Area from "Reserved- Open Development Area (See Reserved Area Note)" to Open Development Area (See Open Development Area Note)". c) No lot lines needed in the Open Development Area. 2 MAnJNG�AbDI E55;c PLANNING BOARD MEMBERS P.O.Box 1179' JERILYN B.WOODHOUSE Southold,•-NY 11971 Chair y , Z OFFICE;LOCATION:- G. Town,H4 Annex- JOSEPH KENNETH L EDWARDS l. ��A� 54375 State Route,25 (cor.Main Rd.'&Youngs Ave.) MARTIN H.SIDOR Southold,NY GEORGE D. SOLOMON Telephone: 631'7654938-' Fax: 31765=1938- Fax: 631_,765-313.6 PLANNING'BOARD.OFFICE I`_ c ti 1� � �� j �• i TOWN OF SOUTHOLD - �; � DEC 6 2010 Soufhold run, Application for Sketch Approval Plann;nQtma�d _ _ = APPLICATION IS HEREBY MADE' to the" Town.of Southold Planning Board for ' SKETCH APPROVAL-for the subdivision described herein. 1. Name of Subdivision VY1,4A Kk POKA O ETA4 ©bk 2. Suffolk County Tax Map# I O O© 1 S Z — n 3. Type of Subdivision Standard [ ] -Conservation [ ] 4. Hamlet M A 44�-6 c-K 5. Street Address/ _l 77 4 u 5 'R©l4-r Vi 7 �&_ "(�k Project Location .6. Acreage of Site -Z-2 5± (9 2;0 d$7.4 q 7. Proposed Yield —1 WC20 L Con'SQ RVA+M) aRe� 8. Number of Lots Proposed IVVVD 02) LO+j + e ar S42,P VA--�o nJ CI RP-0, , 9. Zoning District A- C Zp►n 10. Date of Submission 11. Please provide the names, addresses and"phonenumbers for the following people: Applicant: ,LLC _ - _1© Eas -I�`�-P_i V� i t-143 G T�LC� V,P.i Lr-5 I(v-75 o_ 5q1-5) Agent: C• o5s5 Iin�r WTv k Property Owner(s): S 74wL2_ -A-5 A a k cavc-� Surveyor: W A*LAp,3 —a44 CU12W h "LLL 2P D Sox L Ce _C b?>1.) -11`1 -- 1-19-77 Engineer: 0 CO&3-e . Attorney: lavil c• I SS 55 + P n R-OsS +`Kos KC-2 I L,LF 2-1 Vuov 2� l'+cO 12. Has an application for subdivision ever been filed for this property? If so,please indicate when and whether or not approval was granted by the Planning Board. 13. Has a pre-submission conference been held with the Planning Board? If so, provide date. ?Q0 . 14. Has the owner/applicant met with Land Preservation? If so,provide date. .-2. . Gk- Of Coning-d - O e o r a E 100, 15. Is any part of the property in agricultural use? 16. Is there an existing or proposed sale of development rights on the property? .e$ i J 17.Does the owner own any adjacent properties? If so,please indicate the properties by SCTM#. 00 18. Are there any building permits currently pending on this property? If yes,please provide permit number(s). NO 19.The site will be serviced by the following special districts or utility companies: Fire District - Post Office School DistrictWater 20. . 20. Has LIPA or Keyspan been notified of the proposed subdivision? If so,please provide proof that service will be provided. $J , 21 Please indicate the type of open space proposed and how it will be managed? eU-R2, -fit i VIS A- td -1-3 ® , 22. 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? T-e_m t-�h A5 L iy l i2�t 9—J 7 2-S S Q.GdYLJ_ 12Q51c@�tCQ o 1('Q�V1 t V1 UV L~ V>kgY�, Ay-J- 0C3Arod i L UWq 5 'R_e�h�� l�5-�- '�`2 121 C e2 -}z ULQ ,a-5 (w-R-R-C 23. Based on the parcel yield and the affordable housing requirement of the Town Code, how many Moderate Income Family Dwelling Units.are proposed? If the number that` will be built is less than 25%of the yield,-please indicate how you intond on-satisfying,_ ' - the requirement. 0-r- -24. Application completed by []-owner �.]agent [ ] other Signature ' Preparer �y� Date 1 AUTHORIZATION LETTER I,Eric Keil,Managing Member of Maaratooka North,LLC, hereby authorize Daniel C. Ross,Esq. of Keegan & Keegan,Ross & Rosner,LLP,to act as my agent on the property of SCTM#1000-115.-2-6 in Mattituck,NY and handle all necessary work involved in the subdivision process with the Southold Planning Board. Managing Meer of Maaratooka North,LLC By: ;� ) A '�=n' Eric Ke anaging Member Stbr ay010 PW�ublic DANIEL C.ROSS r4otery Public,State of Nei°✓York No.4 SO7175 Qgalified in Suffolk Coin Commission Expires Aug.31 K Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: M —12 0 lrL%9 CNID RX 14 L L C--- 95 ^ P(ZD3X OCvj i last name,first name,middle initial "" – unless you are applying in the name of someone else or other entity,such as a company. Ifso, indicate the other person's or company's name. _ Nature of Application: (Check all that apply) Tax grievance Building Variance Trustee Speciaf Exception Coastal Erosion Changed zone Mooring' Subdivision Plat - Planning 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 No:�N_ If you answered"Yes"complete the balance of this'forrir and'date and sign where indicated. Name of the person employed by the Town of Southold Title or-position of that person Describe the relationship between yourself(the applicant)and.the town.officer or employee. Either check the;appropriate line A through D and/or describe in the space provided. The town officer or employee or his or-'her,souse,sibling,paren(.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); r B.the legal-or-beneficial'owner`of anyinteiest.iri,a-noncorpoiate entity-(when the applicant is not a corporation);:= '" C.an officer,director,partner or employee of the applicant;or D.the actual applicant Description-of Relationship: =Submitted ` . Signatue / .2 _ - Piint-r Tt K 5: r r } AunoO 3[To3.;nS 'XzeT0 4unoo eui8atog•a pzexpB MIB Y SON SI SIBS SNBW1 UMSNI BBX ,10 ituva K SI RDVCE SIBS 99LLZ-£0 :VMG tiN XKS xSJSKWdX 05'689'SZt pTsa tseej ON 00'0001Zz$ geza'MMOo ' ON OS'Z9S'T$ xey uoTsuMN OR 00'00015$ xgq ze3suvzx ' ox 00.00 NMDS ON 00100 sax ON 00.0$ seTdoO.4ze0 ON 00.90 Ess-am ON 00.050 sxvt%s-vz on 00,90 xso-Y'3 i on 00'ST$ SHOES UK ON 00.9$ Boo ON 00'5$ buzTPueg ON 00'ZT$ buTt'�3/ebea t �dmexB �dmexB 4ueznz4sul eeoc%r zoj 9ee3 busxoTTog eq4 peeTeoeg ' i 00'000105Z'T$ :4unoxv peeai SMOTIC)a SV aRSU HO MW (IMMER S � 000'900 00'ZO- 00'STT OOOT �°a , :�Eaa,Tg :uoz�ce5 :�ois�sTa • OTI BsxoN exo0I%VMM I xosuzxoIa oIasamw SsSNus i 989 ![ova. 66emooa :U3917 99LLZ-EO :Idzmif x Ices uzasxwdx Mt 8b:LO:LO :14V b :aebsa go zocpnxi f00Z/90/ZO :PePzooeg aaa/Sagga :4us==gsul ;o ed& ' Zf)Vd SHia1032r Salado sadooma xSM03 lt'I0.rlanS i S UNOW 11111111=IIIII�IIIIIIIlffll - Illl 1111 11111 llfll lllll�lllll=11111 llllf Illll 1111 lllllil l � i r I i I ` i _ •. 1 2 RECORDED Number of pages 2004 Feb 06 07107s48 M Eduard P,Romaine TORRENS CLERK OF SUFFOLK COUNTY serial N L DOW12299 , jay Certificate/1 P 6860T# 03-27766 Prior QC t+ Deed.Mortgage Instrument Deed I Mortgage Tax Stamp Recording/Filing Stamps 3 rEES Page/Filing Fee Mortgage Amt. Handling _� 1.Basic Tax _ 2.Additional Tax _ T1'-584 Sub Total Notation Spec./Assit. or EA-5217(County) Sub Total Spec.,/Add. TOT:MTC.TAX EA-5217(State) Dual'Town_ Dual County_ R.PT:S.A. y� Held for Appointment_ Transfer T _ �omtn.of Ed. _ Mansi Tax L� Z• _p� Affidavits .� ;� ' rZ.� !h property covered by this motgagc is or Ill be improved by n one or two Certified Copy _ _ farm dwelling only. Reg.Copy Sub Total.—' Y or NO If NO,s e appropriate tax clause on Other Grand Total _ page#- of this instrument. 1000 115.00 02.00 6.oau- 4 District SectionBlock ---Lot S Contmu 'ty Preservation Fund Real - . 'Block —. • . - -----•-- -- propeny +^ 03052033 1000 -11-500 0200 006000 0 Consideration Amu $4.7Sd,M 09 Tax ServicerRPK-n"S Ti CPF.Tax Due $ "r-gy �- Agency A ----�----- Vedrication FE Improved Woe . . ..—�--_.. - --- • ---- •.• Vacant Land 6 Satisfaction/Discharges/Release List property Owners Mailing Address RECORD&RETURN TO: TD /D e%6,_ J. Kevin McLaughlin. Esq. 7'D 44210 Rt. 48 P. 0. Box 1210 Southold, NY 11971 TD 7 Title Company information Co.Name Co=anweal'th Title 0- 8 Suffolk County Recording & Endorsement Page This page forms part of the attached DEED , (SPECIFY TYPE OF INSTRUMENT) made by: ERNEST FREDERICK DICKERSON The premisis herein is situated in GLADYS TORREY DICKERSON SUFFOLK COUNTY,NEWYORK. TO 'lit the Township of SOUTHOLD �.2l&ARATOOKA NORTH,_ LLC In the VILLAGE or HAMLET of BOXES 6 THROUGH 8 MUST BE TYPED OR PRTNTF.D TN BLACK INK ONLY PRIOR TO,RECORDING OR FILINCI BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS(INDIVIDUAL OR`CORPORATION) STANDARD NYHTU FORM 8007' CAUnOMMILS AOREE161ENT SIR)ULD BE PREPAREn BY AN ATWRNEY AND REVIEWEDBY/1 rl ORNIYS 1a(1R SELLER ANI) 1 PURCHASER BEFORE SICNINQ• i i THIS/NDENTURE,made the December IL- 2003 - • between ERNEST FREDERICK DICKERSON and GLADYS TORRF.Y.DICKERSON,husband and wife, residing at Colonial Village,55075 Rt.25—Unit 46,Southold,NY 11971 • i party of the first part,and i MAARATOOKA NORTH.LLC having its principal place of business at 107 Roland Road,Melville,NY 11747 party of the second part, WITNESSETH.that the party of the first part,in consideration of'fen Dollars and other lawful consideration.lawful money of the United States,paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second pan i forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected. situate,lying and being at Mattituck.Town of Southold.County of Stiffolk and State of New York. SLE SCHEDULE'A'ATTACHED HERETO AND MADE A PART HEREOF The grantor herein are the same person as the grantee In Decd dated 11/11/02,recorded 1/31/01 in Liber 12099 Page 999. TOGETHER with all right,title and interest,if any.of the party of the first part in and to any streets and roads abutting the above described premises to the tenter lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part,covenants that the party,orthe first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with•Section 13 of the Lion Law,covenants that the party of the first part will receive the consideration for this convoyanee and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the some first to the payment of the cost of the,improvement before using any pan of the total of the some for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture go requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. &---1 1 4 Ad"'Ir ERNES 'FREDERICK DICKERSON (ULADY&TORREY I#CKERSOTf NYSBA Residential Real Estate Fan=on i loinoes'(9!00) CappfiM C&pto114 Dcw1opment -1• SCHEDULE A- Df9CRIPTION ALL that certain plot, piece or parcel of land, with the buildings and Improvements thereon erected,situate, lying and being In the lying and being at Mattituck,Town of Southold, Suffolk County, New York, generally bounded and described as follows: Easterly partly by land formerly owned by Issac P. Conklin, formerly owned by-Charles H._Gould and partly by the land of Seth W. Tuthill; southerly partly by land of Seth W.Tuthill and partly by the Highway; westerly by land now or formerly of Henry B. Lupton and northerly by land of'the Long Island Railroad Company, containing approximately 23.3 acres according to the Suffolk County Tax Map. Intended•to be the same promises as set forth in a deed dated February.L, 1902 and Recorded in the Suffolk County Clerk's Office on February 25, 1907 in Uber 617 page 61. r - r ' i STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On the J Uay of December,2003,before me,the undersigned,personally appeared ERNEST FREDERICK DICKERSON and GLADYS TORREY DICKERSON,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me tha cx utcd the same in his capacity,and that by his signature on the instrument, the individual,or the pers upon Vchalf of which the individual acted,executed the instrument. NOTARY PUMUd QmaY FLANNER OLSEN (1QS O .,tary Public Stab Of Now York No.02CLU59M Oualf&ed In Suffolk County��r77 ---ileslon Expires Mamb 90.sas.i DEED XitlelYo.._._ Section 115.00 Block 02.00 Lot 006.000 DICKERSON County br Town SUFFOLK To i MMRATOOKA NORTH LLC Return B•Mail To: J.KEVIN Me;LAUGHLIN,ESQ. " 44210 RT.481.0.BOX 1210 SOUTHOLD,NY 11971 Reserve This Space For Use Of Recording Oillee NYSRA Re I&MIol awl Pswe Fbmm on I lolDwO 19M) CopydSht CgpavR'Ikwdnpment x own of Southold LWRP CONSISTENCY ASSESSMENT FORM' A. INSTRUCTIONS 1. All -applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. Mis assessment is intended t6 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 preparef of this form should-review the exempt . minor action list, policies and explanations of each•policy contained in,the Town of Southold Local - Waterfront Revitalization Program. . A,proposed "action will be evaluated as to its significant beneficial and adverse effects upon the"coastal-area,(which includes all of Southold Town). 3. If any question in Section C on this form"is-answered,yes",then the proposed action may affect the' achievement of the LWRP policy standards and condition's contained in the consistency review law.- Thus, the action should be•analyzed in more detail and, if necessary,.modified prior to-ma_king"a determination that it is" consistent to the•.maximum extent practicable with the" LWRP policy standards and conditions. If an action-cannot be, certified as consistent with the LWRP policy, standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places:-online at the Town of Southold's website ; (southoldtown.northfork.net),the Board of Trustees'Office,the Planning Department,all local libraries and the Town Clerk's office., B. DESCRIPTION OF.SITE AND PROPOSED ACTION SCTM# 0r_)0 The Application has been submitted to(check appropriate'response): Town Board ❑ Planning Board Buildingficpt. ❑ Board.of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e:g.•capital - El- construction,planning activity,agency'regulation,-land transaction) (b) Financial assistance(e'.g. grant,loan;"subsidy) •; ' (c) Permit, approval, license,certification: • , - Nature and extent of action: Location,of action: `R&LA. 4btcK Site acreage: �2 • Present land use: ag-, -Ft-O GI 9-1 ' Present zoning classification: -A- c- 2. 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: , (a) Namo of applicant: (M 4 A AAyo KQ K) o iZ� (b) Mailing address: 3(9 NQS-- b R-t\/' (c) Telephone number:Area Code (d) Application number,if any.- Will ny:Will,the action be directly undertaken,require funding,or approval by a state or federal,agency?, Yes ❑ No A if yes,which state or federal-agency? C. DEVELOPED COAST POLICY Policy!1. Foster a pattern of development in the Town of Southold that enhances,community character, . preserves open space, makes efficient use of infrastructure,makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes ❑ No"❑ Not Applicable Attach additional sheets if necessary - Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See,LWRP. _ -Section-M—Policies Pages 3 through 6 for evaluation criteria %, .,-Yes ❑ No ❑ Not Applicable r 4 I i Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic,resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary ' Policy 5. Protect and improve water quality`and supply in the Town of Southold. See LWRP"Section M , —Policies Pages 16 through 21 for evaluation criteria Yes No ❑Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the-quality and function;of the.Town of Southold ecosystems including. Significant Coastal Fish and Wildlife Habitats and wetlands.- S,ee LNW Section III-Policies;`"'Pages:22 through'32 for evaluation criteria. Yes ❑;Nof_� Not Applicable , Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Yes•❑ No❑ Not Applicable Attach'additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable PUBLIC COAST POLICIES Policy 9.- Provide for public access to, and-recreational use of;coastal waters, public lands;.and public resources of the Town of Southold. See LWRP Section'M—Policies; Pages 38 through-46 for evaluation criteria. 1:1, Yes No❑ Not Applicable Attach additional sheets if necessary ,'WORHING 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 5616r"evaluationcriteria. Z,Y,es ❑'No ❑ Not Applicable - Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LVV" Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑Yes a No 0 Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies;Pages 62 through 65 for evaluation criteria. ,Yes ❑ No❑ Not Applicable Attach additional sheets if necessary Policy .13. Promote appropriate use and" developinent"6f'energy and mineral resources. See LWRP- Section III-Policies; Pages 65'through 68 for evaluation criteria. XYes ❑ No ❑ Not Applicable Created on 5/25/0511:20 AM a 6I Z20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF Is designed to,h'elp applicants and agencies determine,in an orderly manner,whether a project or action may be significant. The question of whc an action may be significant is not always easy to answer. Frequently,there are aspects of a project that are subjective or unmeat; e. Itis also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge In one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF Is Intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature,yet flexible enough to allow introduction of Information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data,it assists a reviewer in the analysis that takes place In Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether It is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. , Part 3: If any impact in Part 2 is identified as potentially-large,then Part 3 is used to evaluate whether or not-the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE --Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ®Part 1 ®Part 2 ®Part 3 Upon review of the Information recorded on this EAF(Parts 1 and 2 and 3 if appropriate),and any other supporting Information,and considering both the magnitude and importance of each impact,it Is reasonably determined by the lead•agency that: ®A. The project will not result in any large and important impacts) and, therefore, is one which will not have a significant impact on the environment,therefore a negative declaration will be prepared. ®B. Although the project could have a significant effect on the environment,there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will-be prepared." C. The project may result in one or more large and important impacts that may have a significant impact on the, environment,therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name off-L-ead Agency' Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature-of Preparer,(if different from responsible officer) website Date - Page 1-of 21 t a , PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed,may have a significant effect on the environment. Please complete the entire form,Parts A through E. Answers to these questions will be considered as part of the application for approval and maybe subject to further verification and public review. Provide any additional Information you bell eve will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not Involve new studies, research or Investigation. ,If information requiring such additional work Is unavailable,so indicate and specify each Instance. Name of Action 51 f_fc }L /.� Amkoy'k I = Q0_,Z�Otco• K&FA-' Ch ,4 Location of Action(Include Street Address,Municipality and County) 11 W 0.5 izoaA e 2-5 M Q41_6 C_k z ; sou+ t�l a.i nwvt CDL)14+4 Name of Applicant/Sponsor MQ&•j OA00 K.— �J OIIJ A LL Address_ 3Q S_• �'Rj V2, City/PO State Zip Code 11 '74 3 Business Telephone 1;1.5 D Name of Owner(if different) -e Address City/PO State Zip Code , Bpsiness Telephone Description of Action: P.age•2:of'21 _ Please-Complete Each QuestionAndicate NA.,if_not applicable A: SITE,DESCRIPTION Physical setting of overall project, both developed'and,undeveloped=areas. ' 1. Present Land Use:®Urban ®Industrial EICommercial Residential (suburban) [IRural;(non-farm) ®Forest Agriculture -E]Other' 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER CbMPLETIdN-- Meadow or Brushland (Non-agricultural) -.acres' acres Forested acres acres, Agricultural (includes orchards, cropland, pasture, etc.) L7. acres S acre$ Wetland (Freshwater or tidal as per Articles 24,26 of ECL) . acres -acres Water Surface Area _ acres acres" , Unvegetated (Rock, earth or fill) acres acres Roads,•buildings and other paved surfaces acres awes Other(Indicate type) 'Res!d h,al� 1�17Q?�/t� \,5 acres acres_ _ . sip e-�- � ; -• _ 3. What.,is predominant soil types) on project site? Ir a. Soil drainage: nlWell drained 1000/. of site U'Moderately well drained % of site, Poorly drained' 9b of-site b. If any agricultural land is involved,how many acres,of soil are class led within soil group 1 through 4 of.the NYS Land' Classification System? 7 _acres (see 1 NYCRR`370). � 4. Are there bedrock outcroppings on project site7 ® Yes No a, What is depth to bedrock_(in feet) 6. Approximate percentage of proposed project site with slopes: - �0-10°h °r6 ®10- 16% °k ®'16°k or greater 6: Is,project substantial) contiguous to or contain a building, site, or district, listed on the State or National Registers_of Historic Places? Yes No 7. Is project substantially contiguous,to a site listed on the Register,of National Natural Landmarks? ElYes ;_- 1EINO , 8;- What is the depth of the water table?X-40 fn feet) - ; 9. Is site located over a primary, principal,•or sole source aquifer? Yes ® No 10. Do hunting, fishing or shell fishing opportunities presenfly-existin the project area? E]Yes No ' ''Nge-3 of-21 11. Does project'site contain any species of plant or animal life that is identified as threatened or endangered? ®Yes ONo According to: Ross—clp 8v► l `$1cn cw . Identify each species: 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? ®Yes allo Describe: 13. Is the project site presently used by file community or neighborhood as an open space or recreation area? Yes %N If yes, explain: 14. Does the present site iryclude scenic views known to be important to the community? Yes ®No 15. Streams within or contiguous to project area: a. •Name of Stream and name of River to which it is tributary A 16. Lakes, ponds,, wetland areas within or contiguous to project area: 0 . -b. Size(in acres): W, A _. 1 Page 4-of-Zf 17. Is the site served by existing public utilities? 0yos ®No a. If YES,does sufficient capacity exist to allow connection? 9yes ®No , b. If YES,will improvements be necessary to allow connection? �(.. ®No (n1.8. Is the site located an gricultural district certified pursuant to Agriculture and Markets Law,Article 25-AA, Section 303 and 304? EJYes ®No 19. Is the site located i o�rr substantial) contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 MYes []No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ®Yes ANO' B. Project Description 1. Physical dimensions and scale of project(fill in dimensions as appropriate).. a. Total contiguous acreage owned or controlled by project sponsor: 2-2.5—acres. b. Project acreage to be developed: ® acres initially;on!a b acres ultimately. c. Project acreage to remain undeveloped:7, 5—' acres. .d. Length of project, in miles: (if appropriate) j e. If the project is an expansion, indicate percent of expansion proposed. 0 % r f. Number of off-street parking spaces existing ; proposed—Tb / i g. Maximum vehicular trips generated per hour: (upon-ompletion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of larges proposed 14 , tructure: W height; <_ z °a r width; `=s ��� length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. '2. How much natural material (i.e. rock,earth, etc.) will be removed from the site? _ '� tons/cubic yards. 3. Will disturbed areas be reclaimed ®Yes ®No N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Yes No c. . Will upper subsoil be stockpiled'for reclamation? Yes , N0 4,; How many acres,of vegetation (tress, shrubs, ground;covus) will be removed from site? ® acres. ,Page 5V 21 5. Will any mature forest lover 100 years old) or other locally-important vegetation be removed by this project? ®Yes No fl/c�f APPI If single 6. ngle phase project: Anticipated period of construction: 0 months, (including demolition) 1` - 7. If multi-phased: AP�U ch e LE f a. Total number of phases anticipated (number) b. Anticipated-date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? ® Yes ® No ` 8. Will blasting occur during construction? ®Yes No 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? Dyes P(NO If yes, explain: i 12. Is surface liquid waste disposal involved? ®Yes tf vo a. If yes, indicate type of waste (sewage, industrial, etc)and amount b. Name of water body into which effluent will be discharged `- 13. Is subsurface liquid waste disposal involved? ®Yes ONO Type $ 14. Will surface area of an existing water body increase or decrease by proposal? ®Yes j No If yes, explain: 15."Isj roect or any y portion of project located in a 100 year flood plain? ®Yes IONo 16. Will the,project generate solid waste? ®Yes Jtlio _ a. If yes,what is the amount per month?' tons b. If yes,will an existing solid waste facility•be used? El'Yes ®•No - c. If yes,give name ` location d. Will any wastes not go into a sewage disposal-system or into a sanitary landfill? ®Yes �P7NO Page,6_of'2,1 = 1 e. If yes, explain: 17. Will the project involve the disposal of solid waste? ®Yes ONO a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use.herbicides or pesticides? ®Yes No 19.Will project routinely produce odors (more than one hour per day)? ®Yess rNo 20. Will project produce operating noise exceeding the local ambient noise levels? ®YesNo 21.Will project result in an increase in energy use? ®Yes No / If yes, indicate type(s) i 22. If water supply is from wells, indicate pumping capacity, gallons/minute. ��S iJL�J UJ 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? Yas ® No If yes, explain: QM- Y- �O l)".4� � Y c oL�-e c!L D c_ ar' Ss, g-oo q � --,�cLLa s-� '� o�► 5:t cL c-rQ— W!5 Zase-vWZ,�+ = ! :Page 7 of-21 25.Approvals Required: ; Type Submittal Date' = Cjty, Town Village Board Yes E]No :5U6J c.V1'-5 l sta© City, Town, Village Planning Board ®Yes ® No City, Town Zoning Board ®Yes No- City, County Health-Department ®Yes ® No � 1 Other Local Agencies ®Yes ® No J. Other Regional Ancies ®Yes ® No State Agencies ®Yes ® No Federal Agencies ®Yes No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? " Yes ® No If Yes, indicate decision required: Zoning amendment -® Zoning variance- . New/revision of master plan MSubdivlslon ® Site Ian ' P ® Special use-permit "Resource management plan, U-Other Page,8 of'21" • ! 1 1 10. Will proposed action require any authorization(s)for the formation of sewer or water districts? Yes No 11. Will the proposed action create a demand for any community provided services (recreation, education, police,fire protection? ®Yes No a. If yes,is existing capacity sufficient to handle projected demand? ®Yes No 12. Will the proposed action result in the generation of traffic significantly above present levels? ®Yes,15 No a, If yes, is the existing road network adequate to handle the additional traffic. ®Yes ®No D. Informational Details Attach any additional information as may be eeded to clarify your project. If there are or may be any adverse impacts ' associated with your,proposal, please discuss a'uch impacts,and the measures which you propose to mitigate or avoid them.. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name i (� D'I Date )14 I J Signature f�1 A A R/�-Y`DO A" D�0,2 C ' vy GP.t C- K E l L Title k0A-CeJ X .-E/tk If the action is in the Coastal Area;and you are-a's_tate'•agenoy,complete the Coastal Assessment Form before proceeding-with this, assessment. \ . Page"1-0=of 21 MAILING ADDRESS: PLANNING BOARD MEMBERS &pF sopa, P.O.Box 1179 MARTIN H.SIDOR �0� Ol0 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JOSEPH L.TOWNSEND �Q� (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI yCoUNT`I,� Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: January 14, 2011 Re: Checks The referenced Conservation Subdivision application has been accepted by the Planning Board and the attached check may be processed to revenue. Thank you. Project Name & Tax Map Amount Revenue Line Check bate & # Type # Maratooka Cons. Subdiv. 115-2-6 $500.00 B.2115.10 12/21/10#1104 LR MAILING ADDRESS: PLANNING BOARD MEMBERS �®f SO(/� P.O.Box 1179 MARTIN H.SIDOR ®� ®l® Southold,NY 11971 Chair im OFFICE LOCATION: WILLIAM J.CREMERS y �e Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 JOSEPH L.TOWNSEND Q� (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI '�coUM`1,� Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Re: "Payment Please deposit`the attached chWIA!, 4}c e e red`account: B691. Payment is for a Conservation Subdivision Sketch Application fee as'detailed' below not yet accepted by the Planningfi Board. Applicant/Project Name & Tax Map # Amount Check bate/No. Type Authorization Code Maratooka cons. Subdiv. 115-2-6 $500. 12/21/10-#1104 50-791/214. LR 11'0 FW MAARA-T60k,A NORTH L•LG 4224022964 Enc. - HUKTiIVGTCEN,NY 117,43-5109 DATE I 1���t o PAY TO TH ((�{�);. �� C7 _ ORDER OF- -�) � I � - I �tt LLAILS �- I \fi lithffi..Fr-k-,Ba--nk p� www.ff6rthfbrk.6q 1-coLm- I // MEn4e�'1..i(1��UiSE�1N�QjOt��GIl+I=�1Y� _ - - -�• Y 1-11.0 2 14079 1=21:11'4 4 MAARATOOKA NORTH, LLC OPEN DEVELOPEMENT AREA SI T UA TE SUBJECT MATTITUCK F PREMISES TOWN O F S O U T H O L D SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 115-02-06 SCALE 1 "= 100' y MAIN ROAD NYS RI 25 JUNE 20, 2010 v a NOVEMBER 17, 2010 REVISED NOVEMBER 5, 2012 REVISED m TOTAL LOT AREA = 980,124 sq. ft. 22.500 cc. KEY MAP SCALE 1 "= 1000' JUN 2 203 CERTIFIED T0: v. MAARATOOKA NORTH LLC FIRST PIONEER FARM CREDIT COMMONWEALTH LAND TITLE INSURANCE COMPANY rob - SITE DATA TOTAL AREA = 22.500 cc. r \, 0 OWNER: MAARATOOKA NORTH, LLC 30 EAST GATE DRIVE r ` 6', ,r 'r �. HUNTINGTON, NEW YORK 11743 TVN ZONING USE DISTRICT: A—C VERTICAL DATUM: FIVE EASTERN TOWN TOPOGRAPHICAL MAP �o �o 75/75 CONSERVATION SUBDIVISION BUILDABLE LAND = 22.50 ACRES Z YIELD ON ENTIRE PARCEL 22.50 cc. x 43,560 sq. ft./80,000 sq. ft.CP. = 12.25 LOTS A �,o� YIELD ON DEVELOPABLE AREA = 12 LOTS X 0.25 = 3 LOTS N� 10, CERTAIN AREAS MINIMUM PRESERVED AREA = 22.500 cc. x 0.75 = 16.875 cc MAXIMUM DEVELOPABLE AREA = 22.500 cc. x 0.25 = 5.625 cc. ACTUAL PRESERVED AREA = 18.000 cc ACTUAL DEVELOPABLE AREA = 4.500 cc. L N Open Development Note: The Maaratooka ODA permanently preserves 18 acres leaving a 4.5 acre development area in which three lots are allowed to be created and subdivided in the future (and the right to three uses is retained in the development area). Creating three lots in the 4.5 development area will result in at least one of the lots being less than the 80,000 sf. minimum lot size required by Town Code. 2 This was designed in accordance with the Town Code clustering provision which allows for lots to be created smaller than the minimum lot size so long as there is a sufficient amount of land set aside as "clustered open space", and so long as the density of the over—all parcel is not increased. o� Z 0 T � O G G� O 92 � N � 0 o N O G� ZN O O � co N } DEVELOPMENT RIGHTS EASEMENT AREA 784,104 S.F. 3 A 0R 18.000 cc Z Vin, L iN V � - S 87'36'20"E — 455.41' OPEN DEVELOPMENT AREA (SEE OPEN DEVELOPEMENT NOTE) - 196,020 S.F. OR 4.500 ACRES X55 W o N 72' Nj BARN •� 6l r+ PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.IAL.S. AND APPROVED AND ADOPTED .� FOR SUCH USE BY THE NEW YORK STATE LAND c: LIVING TIRE ASSOCIATION, �r ` � QUARTERS rASSORTED �~� OUT—BUILDINGS N . T 0. 87 36 20„ W t� - Com ,, �a N ° ❑ '� ., r. y C] 93. 15' ❑ o 2-STORY o WOOD FRAME M O Z RESIDENCE N tr; A 4.. . v. N.Y.S. Lic. No. 504670. � i an Taft Corwin III TO THIS ORSURVEY IS ARED ALTERATIOOLAION OF N OR ADDITION CONC WON SECTION 720 F THEN NEWT STATE N 150' MCo a O EDUCATION LAW. TIE=1 185'+/- N 8 7'3 6'2 0” W and Surveyor COPIES OF THIS SURVEY MAP NOT BEARING 322. 1 , ' SEAL OR EMBOSSED SEAL SHALL THE D SURVEYOR'SIN TDBE CONSIDERED MAIN ROAD TO BE A VALID TRUE COPY. NYS RT 25 iccessor To: StanleyJ. Isaksen, Jr. L.S. CERTIFICATIONS INDICATED HEREON SHALL RUN 1 11 ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. Ingegno L.S. IS PREPARED, AND ON HIS BEHALF TO THE TIRE COMPANY, GOVERNMENTAL AGENCY AND ,ys — Subdivisions — Site Plans — Construction Layout LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- 1)727-2090 Fax (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHT OF WAYS yin Road P.O. Box 16 AND/OR EASEMENTS OF RECORD, IF �w York 11947 Jamesport, New York 11947 ANY, NOT SHOWN ARE NOT GUARANTEED. a g� a MAARATOOKA NORTH, LLC OPEN DEVELOPEMENT AREA SITUATE MATTITUCK SUBJECT TOWN OF SOUTHOLD PREMISES 5 SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 115-02-06 SCALE 1 "= 100' MAIN ROAD NYS RT 25 JUNE 20, 2010 NOVEMBER 17, 2010 REVISED A � NOVEMBER 5, 2012 REVISED m TOTAL LOT AREA = 980,124 sq. ft. 22.500 ac. _ �.. . KEY MAP JUN 212013 SCALE 1 = 1000' I e{ CERTIFIED T0: MAARATOOKA NORTH LLC FIRST PIONEER FARM CREDIT COMMONWEALTH LAND TITLE INSURANCE COMPANY SITE DATA TOTAL AREA = 22.500 ac. N 'vt � ;� N OWNER: MAARATOOKA NORTH, LLC 0� �$� ' 0 30 EAST GATE DRIVE A HUNTINGTON, NEW YORK 11743 roN ZONING USE DISTRICT: A—C VERTICAL DATUM: FIVE EASTERN TOWN TOPOGRAPHICAL MAP 75 75/75 CONSERVATION SUBDIVISION BUILDABLE LAND = 22.50 ACRES Z YIELD ON ENTIRE PARCEL — 22.50 ac. x 43,560 sq. ft./80,000 sq. ft. — 12.25 LOTS CID. YIELD ON DEVELOPABLE AREA = 12 LOTS X 0.25 = 3 LOTS LA N ?'o CERTAIN AREAS trn MINIMUM PRESERVED AREA = 22.500 ac. x 0.75 = 16.875 ac MAXIMUM DEVELOPABLE AREA = 22.500 ac. x 0.25 = 5.625 ac. ACTUAL PRESERVED AREA = 18.000 ac ACTUAL DEVELOPABLE AREA = 4.500 ac. L N d'A 'per Open Development Note: The Maaratooka ODA permanently preserves 18 acres leaving a 4.5 acre development area in which three lots are allowed to be created and subdivided in the future (and the right to three uses is retained in the development area). Creating three lots in the 4.5 development area will result in at least one of the lots being less than the 80,000 sf. minimum lot size required by Town Code. This was designed in accordance with the Town Code clustering provision which allows for lots to be created smaller than the minimum lot size so long as there is a sufficient amount of land set aside as "clustered open space", and so A long as the density of the over—all parcel is not increased. o� Z y O� O G� Gk =O 0 6 9Z o+ 0 Z y� o � U01 ya C-, 1p, 6 DEVELOPMENT RIGHTS EASEMENT AREA 784,104 S.F. 91 z� OR 18.000 ac a L N a,A -------------------------------- -------- S 87'36'20"E — — 45555..4141'' OPEN DEVELOPMENT AREA (SEE OPEN DEVELOPEMENT NOTE) 196,020 S.F. OR 4.500 ACRES X55 w o N 72P r N} BARN O 2-1 PREPARED IN ACCORDANCE WITH THE MINIMUM O i •' STANDARDS FORTITLE SURVEYS AS ESTABLISHED � J BY THE LIAL.S. AND APPROVED AND ADOPTED O+, LIVING FOR SUCH USE BY THE NEW YORK STATE LAND QUARTERS TITLE ASSOCIATION. WO ASSORTED our-BUILDINGS N 87036'2 0"13 o W c� •0,�'� �' 93. 15' 7. 10 riZ W gy WOOD FRAME M O Z RESIDENCE N L6N N.Y.S. Lic. No. 50467 q N M u� N UNAUTHORIZED ALTERATION OR ADDITION MONO n Nathan T of t Corwin III TO THIS SURVEY IS A VIOLATION OF MON � � N 150' O � SECTION 7209 OF THE NEW YORK STATE � MO EDUCATION LAW. TIE=1185'+/- N 87'36'20" W 322. 1 1 ' Land Surveyor COPIES THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED MAIN ROAD TO BE A VALID TRUE COPY. NYS R T 2�j CERTIFICATIONS INDICATED HEREON SHALL RUN 1 1 V Successor To: Stanley J. Isaksen, Jr. L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. Ingegno L.S. IS PREPARED. AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys — Subdivisions — Site Plans — Construction Layout LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI— PHONE (631)727-2090 Fax (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHT OF WAYS 1586 Main Road P.O. Box 16 AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 ci MAARATOOKA NORTH, LLC OPEN DEVELOPEMENT AREA MPPOVED SKETCH PLAN SI T UA TE SUBJECT MATTITUCK F PREMISES TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 115-02-06 MAIN ROADNY$ Rr 25 SCALE 1 "= 100, � JUNE 20 o , 2010 z NOVEMBER 17, 2010 REVISED m m NOVEMBER 5, 2012 REVISED TOTAL LOT AREA = 980,124 sq. ft. KEY MAP 22.500 ac. SCALE 1 "= 1000' DEC 2 0 2012 CERTIFIED TO: MAARATOOKA NORTH LLC FIRST PIONEER FARM CREDIT COMMONWEALTH LAND TITLE INSURANCE COMPANY i �f1 SITE DATA E , �! �R .=' `�` p. TOTAL AREA = 22.500 ac. eOWNER: MAARATOOKA NORTH, LLC roN = A 30 EAST GATE DRIVE HUNTINGTON, NEW YORK 11743 ZONING USE DISTRICT: A—C VERTICAL DATUM: FIVE EASTERN TOWN TOPOGRAPHICAL MAP '00 �o 75/75 CONSER VA TION SUBDIVISION Z BUILDABLE LAND = 22.50 ACRES YIELD ON ENTIRE PARCEL CP. 22.50 ac. x 43,560 sq. ft./80,000 sq. ft. = 12.25 LOTS � YIELD ON DEVELOPABLE AREA = 12 LOTS X 0.25 = 3 LOTS N� o� CERTAIN AREAS MINIMUM PRESERVED AREA = 22.500 ac. x 0.75 = 16.875 ac MAXIMUM DEVELOPABLE AREA = 22.500 ac. x 0.25 = 5.625 ac. ACTUAL PRESERVED AREA = 18.000 ac N ACTUAL DEVELOPABLE AREA = 4.500 ac. L Open Development Note: The Maaratooka ODA permanently preserves 18 acres leaving a 4.5 acre development area in which three lots are allowed to be created and subdivided in the future (and the right to three uses is retained in the development area). Creating three lots in the 4.5 development area will result in at least one of the z lots being less than the 80,000 sf. minimum lot size required by Town Code. N This was designed in accordance with the Town Code clustering provision which is for lots to be created smaller than the minimum lot size so long as SO A there Is a sufficient amount of land set aside as "clustered open space", and so z� long as the density of the over—all parcel is not increased. o� Z � T O �C O CA O � �Z O o 13 o z, 0A �N 6 r� N� DEVELOPMENT RIGHTS EASEMENT AREA 784,104 S.F. A OR 18.000 ac o a J L ll� ----------- S 87'36'20"E ---------- ------- 455.41' OPEN DEVELOPMENT AREA (SEE OPEN DEVELOPEMENT NOTE) - 196,020 S.F. OR 4.500 ACRES X55 W o N ID BARN �- PREPARED IN ACCORDANCE WITH THE MINIMUM qp STANDARDS FOR TITLE SURVEYS AS ESTABLISHED •, BY THE L.IA.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE-NEW:YORK STATE LAND CP LIVING TITLE ASSOCIATION.,- 0� � 7�" Mo N QUARTERS t?. Vx ASSORTED OUT—BUILDINGS �? " ❑ ❑ N 87'36'20 W 93. 15' 5— 2—STORY p �'- r�' •� `' WOOD FRAME W) O Z 0 o N.Y.S. Lic. No. 50467 RESIDENCE CN Lathan Taft Corwin Iii UNAUTHORIZED ALTERATION OR ADDITIONMONO O M w TO THIS SURVEY IS A VIOLATION OF MON ,� SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, 150TIE=1185+/— N 87'36'20» W `L MON Land Surveyor O COPIES OF THIS SURVEY MAP NOT BEARING ' THE LAND SURVEYORS INKED SEAL OR 322. 1 1 EMBOSSED SEAL SHALL NOT BE CONSIDERED MAIN TO BE A VALID TRUE COPY. 1'►/1� ROAD NYS R T Successor To: Stanley J. Isaksen, Jr. LS. CERTIFICATIONS INDICATED HEREON SHALL RUN 25 Joseph A. In e no L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY P 9 9 IS PREPARED, AND ON HIS BEHALF TO THE Title Surveys — Subdivisions — Site Plans — Construction Layout LENDI GOAPANYINSTITUTIIONERNMENTAL LISTED HEREON, AAGENCND TO TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 Fox (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHT OF WAYS 1586 Main Road P.O. Box 16 ANY, NOTE SH WENITAREE NOTCORDGUARANTEED. amesport, New York 11947 Jamesport, New York 11947 a U' o� DEC - 62010 SURVEY OF PROPERTY N° SITUATE SUBJECT MATTITUCK F PREMISES m TOWN OF SOUTHOLD w41 SUFFOLK COUNTY, NEW YORK r� S.C. TAX No. 1000- 115-02-06 SCALE 1 "= 100' MAIN ROAD NYS RT 25 � -- o JUNE 20, 2 010 3 NOVEMBER 17, 2010 REVISED m TOTAL LOT AREA = 980,087 sq. ft. 22.500 ac. KEY MAP SCALE 1 = 1000' CERTIFIED TO: MAARATOOKA NORTH LLC FIRST PIONEER FARM CREDIT COMMONWEALTH LAND TITLE INSURANCE COMPANY f Y / .. ( 1 VO e p6 w 17 O �o Z , N� oQ �• ' u y vo ` T r c O 7%A a � 0X, { 0 o DEVELOPMENT RIGHTS SOLD s , ;ter ¢'; f � _ ` •,t ,, 784,067 S.F.OR ';0 18.000 ac �� Ir� ' J ` .... l 1� ... � 4.,x..67 4/'`• .. � ,{ „s. �l• a✓T�- 3. \\ U SITE DA TA r l/ TOTAL AREA = 22.500 ac. OWNER: MAARATOOKA NORTH, LLC `- 30 EAST GATE DRIVE HUNTINGTON, NEW YORK 11743 LOT 2 ZONING USE DISTRICT: A—C VERTICAL DATUM: FIVE EASTERN TOWN TOPOGRAPHICAL MAPY_, { � r 75/75 CONSERVATION SUBDIVISION BUILDABLE LAND = 22.50 ACRES YIELD ON ENTIRE PARCEL 22.50 ac. x 43,560 sq. ft./80,000 sq. ft. = 12.25 LOTS YIELD ON DEVELOPABLE AREA = 12 LOTS X 0.25 = 3 LOTS CERTAIN AREAS N MINIMUM PRESERVED AREA = 22.500 ac. x 0.75 = 16.875 ac MAXIMUM DEVELOPABLE AREA = 22.500 ac. x 0.25 = 5.625 ac. ACTUAL PRESERVED AREA = 1 00 ac \� ,.ACTUAL DEVELOPABLE AREA 4.J a S 87'36'32"E 160.64' ! t 4 -R£_ VED AREA NOTE LOT % ; THIS SUBDIVISION IS MADE PURSUANT TO SECTION 240-28 OF THE 780 S.F. ti+ 0 SOUTHOLD TOWN CODE WHICH WAS ADOPTED UNDER THE AUTHORITY OF NYS TOWN LAW SECTION 280—a(4) AND IN ACCORDANCE WITH 0.500 ACRES ! SAID AUTHORITY THE APPROVED YIELD FOR THE OPEN DEVELOPMENT AREA IS TWO LOTS AS ONE LOT IS CREATED BY THE APPROVAL OF 160.64' ` 268.78' THIS MAP AND THERE BEING NO WAIVER OF THE TWO LOT YIELD ! S 87.36'32"E ---�_----_ _""_--__—�- ----I .-_THE REMAINING "RESERVED — OPEN DEVEL PMENT AREA"_-, � 425.42' N 'TESE-RVE-1) --- OPEN DEVELOPMENT AREA( (SEE RESERVED AREA NOTE) v; 1 ! U s e f�' .,,_ n •-f: t, - / ! � 174,240 S.F. �-" 55, . .• - �\ !� 4.000 OR ! C4 BARN PREPARED IN ACCORDANCE—WITH MINIMUM 1 �. Sl'APdDARDS FOR 71TLE�SUFjV6YS �S�STAaLISHED ! \ BY THE L.I.A.L.S. AND.AFPROVE0 J4D ADOPTED ! �' FUR SUCH USE,BY THE` CW-VORK 7E r AND 2� LIVING s TITLE ASSOCIATIO6 ^ / � c0�' .per Goo= e L� ' 1 QUARTERS ( , OUT—BUILDINGS TOt1p IN 876,36P2091 t t E�:] r f —�"-- �� .?('�..�. I{til 67504 •C`IA ❑ !\ a �YJLI�� �}} f �-' ` � ..• ! �� o WOOD FRAME M7 b r ! = RESIDENCE of N.Y.S. Lic. No. 50467 1 s ! �c� a L') �;\ ; ,,ss ' :t .• / ,. ..,�, ���.«.�.e��v-�,�,�-.,,t,..s,t. - I ! 26.78' � b �— 'cr u: �i �:.• , UC!A'J?HOR"ZED ALTERATION OR ADDITION Tar °� TO THIS SURVEY 15 A VIOLATION OF 10N n , 295.33' Sz ( i SECTION 7209 OF THE N"W YORK STATE ul 150' Nathan EDUCATION! LAW. PIE-1185'+/— I Y C3/0J�V Y2 O 99 �I 7� �t e _.—_..,_•— ��c.ry _•___._. �.�F � � ;'Z Q r C - f' �' ; do COPIES OF THIS SURVEY MAP NOT BEARING 322. 1 Land " �' ut •i. �, c3 THE LAND SURVEYOR'S INKED SEAL OR TOOSSED SEAL BE A VALID TRUELL NOT COPY BE CONSIDERED r -- MAIN ROAD NY RT 25 Successor To: StanleyJ. Isaksen, Jr. L.S. CERTIFICATIONS INDICATED HEREON SHALL RUN I ONLY TO THE PERSON FOR WHOM THE SURVEY �`,.r Joseph A. Ingegno L.S. IS PREPARED, AND ON HIS BEHALF TO THE L) TITLE COMPANY, GOVERNMENTAL AGENCY AND \ Title Surveys — Subdivisions — Site Plans — Construction Layout LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI— PHONE (631)727-2090 Fax (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHT OF WAYS 1586 Main Road P.O. Box 16 AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. I(`P�1/'✓`✓ Jamesport, New York 11947 Jamesport, New York 11947 (,p V " O O� W MAARATOOKA NORTH , LLC OPEN DEVELOPEMENT AREA SITUATE MATTITUCK SUBJECT PREMISES TOWN OF SOUTHOLD �Z SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 115-02-06 SCALE 1 "= 100' A MAIN ROAD NYS RT 25 D JUNE 20, 2 010 NOVEMBER 17, 2010 REVISED NOVEMBER 5, 2012 REVISED D A m Z C M TOTAL LOT AREA = 980,124 sq. ft. 22.500 ac. KEY MAP SCALE 1 "= 1000' CERTIFIED TO: MAARATOOKA NORTH LLC FIRST PIONEER FARM CREDIT COMMONWEALTH LAND TITLE INSURANCE COMPANY F r•'1 �, (• r''11� V_��� X65•I� �"� a oil SITE DATA �\N� N TOTAL AREA = 22.500 ac. N 0. OWNER: MAARATOOKA NORTH, LLC OEAST GATE DRIVE 0 ' `\ 0LHUNT NGTON, NEW YORK 1 1743 r)1 A \ ZONING USE DISTRICT: A—C \ VERTICAL DATUM: FIVE EASTERN TOWN TOPOGRAPHICAL MAP \\ 80/60 CONSERVATION SUBDIVISION �0 BUILDABLE LAND = 22.50 ACRES YIELD ON ENTIRE PARCEL ;\ _ LOTS 22.50 ac. x 43,560 sq. ft./80,000 sq. ft. 12 YIELD ON DEVELOPABLE AREA = 12 LOTS X 0.40 = 4 LOTS �° \\ CERTAIN AREAS N MINIMUM PRESERVED AREA = 22.500 ac. x 0.80 = 18.000 ac O \ MAXIMUM DEVELOPABLE AREA = 22.500 ac. x 0.20 = 4.500 ac. ACTUAL PRESERVED AREA = 18.000 ac \ _ ACTUAL DEVELOPABLE AREA 4.500 ac. L Cn \\ \ \ \� Open Development Note: The Maaratooka ODA permanently preserves 18 acres leaving a 4.5 acre \\\ development area in which three lots are allowed to be created and subdivided \\ in the future (and the right to three uses is retained in the development area). \\ Creating three lots in the 4.5 development area will result in at least one of the lots being less than the 80,000 sf. minimum lot size required by Town Code. �\ Z This was designed in accordance with the Town Code clustering provision which allows for lots to be created smaller than the minimum lot size so long as O 7 there is a sufficient amount of land set aside as "clustered open space", and so long as the density of the over—all parcel is not increased. \ Z - o O , \ LOT 2 011 0 o G Z '1 91 ',N S �o , DEVELOPMENT RIGHTS EASEMENT AREA 13 784,104 S.F. ° z� OR 18.000 ac o O \ ' 't \ '1 \\\`'--------------------- \\ S 87'36'20"E ----- \ , 455.41' \ \ OPEN DEVELOPMENT AREA (SEE OPEN DEVELOPEMENT NOTE) \ 196,020 S.F. OR 4.500 ACRES \ o N 72' 00 BARN Iao PREPARED IN ACCORDANCE WITH THE MINIMUM I? STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED 6_ LIVING FOR SUCH USE BY THE NEW YORK STATE LAND LOT 1 QUARTERS TITLE ASSOCIATION. "'`- CMOOC110-11110NC ASSORTED OUT—BUILDINGS N 8703692099 W a �� �+.�T (,` ���,,L.yam\ � ❑ 93. 15' li I vO 3 O WOODORFRAME W) O �Z RESIDENCE NCr o,* r1,r) Vis' .Y.S. Lic. No. 50467 CONc �- UNAUTHORIZED ALTERATION OR ADDITION MON Nathan Taft Corwin III LA +�- EDUCATION LAW. 322. 1 1 'TO THIS SURVEY IS A VIOLATION OF 150 CONC SECTION 72OF THE NEW YORK STATE TIE=1185'+/- N 87°36'20" W MON Land Surveyor COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED MAIN NYS YS T 2 5 TO BE A VALID TRUE COPY. A M 1 !' ROAD AD 1 CERTIFICATIONS INDICATED HEREON SHALL RUN Successor To: Stanley J. Isaksen, Jr. L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. Ingegno L.S. IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys — Subdivisions — Site Plans — Construction Layout LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI— PHONE (631)727-2090 Fax (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF 1586 Main Road P.O. Box 16 ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 4 0 0 `MtP, SURVEY OF PROPERTY P° SI T UA TE SUBJECT MATTITUCK F PREMISES TOWN OF SOUTHOLD m SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 115-02-06 SCALE 1 "= 100' MAIN ROAD NYS RT 25 � o JUNE 209 2 010 b� o v m m TOTASL LOT AREA = 980,087 sq. ft. 22.500 ac. KEY MAP SCALE 1 "= 1000' o CERTIFIED TO: �n MAARATOOKA NORTH LLC FIRST PIONEER FARM CREDIT COMMONWEALTH LAND TITLE INSURANCE COMPANY V. 0 ' N t? ` N O O V °0 " �o �o Z CA, V-3 a .4 c in a7� Z T t1, O �y O a Z1 a O� Z Z O T m N �G G �O r � O O Q N oy •�'• �cn 0 tiA o "•sem Gy r O O � o DEVELOPMENT RIGHTS SOLD s �m 784,067 S.F. z� OR 18.000 ac $ 4 SITE DATA TOTAL AREA = 22.500 ac. OWNER: MAARATOOKA NORTH, LLC 30 EAST GATE DRIVE HUNTINGTON, NEW YORK 11743 LOT 2 ZONING USE DISTRICT: A—C VERTICAL DATUM: FIVE EASTERN TOWN TOPOGRAPHICAL MAP 80/60 CONSERVATION SUBDIVISION BUILDABLE LAND = 22.50 ACRES YIELD ON ENTIRE PARCEL 22.50 ac. x 43,560 sq. ft./80,000 sq. ft. = 12 LOTS YIELD ON DEVELOPABLE AREA = 12 LOTS X 0.40 = 4 LOTS CERTAIN AREAS MINIMUM PRESERVED AREA = 22.500 ac. x 0.80 = 18.000 ac MAXIMUM DEVELOPABLE AREA = 22.500 ac. x 0.20 = 4.500 ac. ACTUAL PRFSERVED AREA = 18.000 ac ACTUAL DEVELOPABLE AREA = 4.500 ac. RESERVED AREA NOTE r � THIS SUBDIVISION IS MADE PURSUANT TO SECTION 240-28 OF THE SOUTHOLD TOWN CODE WHICH WAS ADOPTED UNDER THE AUTHORITY S 87.36'32"E 430.12' _ OF NYS TOWN LAW SECTION 280—a(4) AND IN ACCORDANCE WITH e ----------------------- I SAID AUTHORITY THE APPROVED YIELD FOR THE OPEN DEVELOPMENT AREA 1S FOUR LOTS THERE BEING NO WAIVER OF THE FOUR LOT YIELD e AS A RESULT OF ONLY TWO LOTS BEING PRESENTLY SHOWN IN THE "RESERVED — OPEN DEVELOPMENT AREA". RESERVED - OPEN DEVELOPMENT AREA NQ ­(SEE—RE-SERVED-AREA-NOTE) t� 196,0207 S.F. OR � 4.500 ACRES - e ..�' UNAUTHORIZED ALTERATION OR ADDITION ��� 9 .X­ !' TO THIS SURVEY IS A VIOLATION OF e a BARN SECTION 7209 OF THE NEW YORK STATE a `4 �$ -_S EDUCATION LAW. - COPIES OF TH13 SURVEY MAP NOT BEARING THE LAND SURu_YOR'S INKED SEAL OR e t EMBOSSED SEAL SHALL NOT BE CONSIDERED2' T © LIVING QUARTERS TO BE A VALID TRUE COPY. F.� CaHO a e.,s i CERTIRCATIONS INDLCATED HEREON SHALL RUN SON ASSORTED ONLY TO THE PERSON FOR WHOM THE SURVEY y OUT-F?UILDIIVGS �',�. 70ry n IS PREPARED, AND ON HIS BEHALF TO THE a 11 ! 1 , L^�' 0 9f W TITLE GObAPANY, GOVERNMENTAL AGENCY AND eD e ❑ LENDING INSTITUTION LISTED HEREON, AND ?y TO THE f.SSIGNEES OF THE LENDING INSTI- TOVON. CTRTIFICATIONS ARE NOT TRANSFERABLE. ' THE EXISTENCE OF RIGHT OF WAYS IIA AND/OR EAcF.4AENTS OF RECORD, IF e iT Il ly ¢5'— —2—STORY O 4 eca c� I -- WOOD FRAME M 0 ANY, NO'f 1.OWN Ar�r NOT GUARANTEED. � q z� ! °� � z I� RESIDENCE C\; N in it PREPARED 'N ACCORW.NC'E WITH THE MINIMUM !t coNc { 1� 295.33' .r e m ,� w $ STANDARDS FOP' _TILF =SURVEYS AS ESTABLISHED —'1( �.+ } Y (/� ISO' cOvt Tall EY THE L.I.pL. Ai 0 APnOVED AND ADCPTED i � 'x MON , n ® �€? n F FOR SU, {{, CBST T�f F.-;N EW'YORK STATE LAND TIE=11 P5'+,/- N 87*366 92 0" I / ' ta�wva i TITLE�rt;�lA.T N F T C,Q i ' .�2 2. 11 1 q �l MAIN ROAD NYS 1 5 Title Surveys — Subdivisions — Site Plans — Construction Layout PHONE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS 1 1586 Main Road P.O. Box 16 1. ._____ Jamesport, New York 11947 Jamesport, New York 11947 N.Y.S. Lic. No. 50467 I a N Q p J w Z�- z = M= w ry Q < F- 0E- MO ►� OIL 0F � 0J I0 D Lj J of LLJ N a ci Naz > DI=- W J o a I =QpL� _ U p z O o I �af wz O w uO m Q Cd m N �0Li p 'tzwp0CL O cn z O O V) v Z Q II II 0 ?awpN N w p > CSI � O >- O II 0000 0 � z 00 N wp F-wF- (� I-- O 0 � Uwe a o o �zoQLz,,. C� [~� CD Z N DOocV -i x x o0 L`� ww L V W W ON = � Z d ci ti a ci F- Q��O �a O 00 Q z II � a � O >1 F- N a s o QNawZ O V Q O LS M ~ O F- 0 0 0 0 � a I 5: (!) - U z U w O Zw� `� z O- J of o 0 0 0 o � � p ?Ww Z Q E� QWJ C� 0 N Lo Lo Do Lq - =Nwwm � Y LLJ a O '�' .- N N �t O_ > M M !W X Q zw F- N N N UZO NO (rte O J a ti 0 � Z z q N II II II II II w o �� ��LLJ pw ~ O ~ ti < F- � w � w II w a � wwQ= Jw LL- E` QNB H > UN �2 O m W a Z pN ~ Op LLIcn 0 � LLI Li 'L^^j 0 a Dow I LLIa Jo aLJ . w a a V) 0 Z LLJ F- Z 0 LLI of LUaw O �' 00 J a LLI J w Q Q' O Z J 0 J d QaZ U>_ a� Q p m a J Q N3ZF--� zLq 0 O � I N w p m Yc� w a a > o� �= o w I-'-' a 3 N ONZ c~n: 0 � O to O Co W O D' p 0 mp0� � O � II AWP pF W Z Z � W w wLLJ LLI> N W > =) C)(n > Q Z wa wM p � � w w > LLJ QOf p p � CM2 O O J z � z Q O_ 0_ 0 N NO p4JNW Cfl a UQ V mm O x O Z M ? J � 0O < CrLaW •- A Q w zV O 0 0C) 0 Fa- :2 :m > j F- Z Z Cfl J W W_ Z X 0 00 > m } N >- U Q Q Z 1 CO"V 80 N e502515 X67 •�5 5' 11 .00.921 J C1 S 2�2�35 Lu (� v 1 i K,.y 1 �. LU z M i z U)0&1 M (n M i W o NI CN N i QIW- p N 00 CI4 ❑ 0 ££ M I w� '� 1 0 � zIL ££ 1 0 Z a + o Q UL, LLJ i sz AV'M3AR10 H-L8V3 r'r•I 1 z 0 W< CIq Q • t0 R\0NSSI rfi t°°a i LLI > C14 CI 0 Li Co 0C) �0 1 N N 00 of 500" Z CO Li N I > 521� '''' Z U To*N M 1 w PAD ^ 1 Ofco . \ IAPSooR 085 68, y 1 �� ,g3' ^° 2• g7z N 1 �•22, W o ~ i N%a 3 ~ N Q i N F- = U c� vi Z o 0 o vsi$�E $ERM E N La oo00 0 0 J WO > Lo W z , REPO 5 j' �M 3 x v' mN 002 F Wo ,. 2OWz �J W W O N Faa� 00 / zcn<W �•^^ 0 E Q v' U~ m0 c9 aoJvwit" za-i P 5� wo,oN \OPM�NT R`G w Z SokjjNo\-o of �� �� `�•_ F R��No PN � NI F-NLLJ LLI CARDINAL DRNE O $ $SRM o CF)m W � �: Vksoj o C Of Na � oPo •� L o 04 o R x cv o x ¢ m° : ,e co a3 2 � M Zo w LLI A o Q V x o zI Q C) o > w L � Z J N O O O m W 0 Li 8� ao/ry RRATOOKA AVENUE Zo W Q ��F=QZ Z Z o�� o� � o �r � � oo QoQ o< FU0 o ZfnW zSx Wo ) o Fsz �zzU o2ymv-i-< s0� odd �¢� >�� ��ow Joz gra I ��QW W> O ^ OW O O QNO N�--�~ ZWmOOWo WMQ i\ Uca Cc S O O� = O Na YHZg; UW= J U ONDN y "y p��0 OOW' <~¢m FZ¢O sn v W aD W O5 r—awJ ZWpQIn�� Wac - J MZ o> =N O~ NZWW EPWUZWZ WOZ Z G. d Q~U7 LL -of i F' WON O ^ E ZOWO O=m. WZ o] =ZZ 7�--MW O=M UO_r WZ9 I-••QQ p 7