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Home My WebLink AboutCroteaux Vineyards MAILING ADDRESS: PLANNING S .�� i (/�. " P.O. Box 1179 DONALD J.WILCENSKI &° Southold, NY 11971 Chair �1° OFFICE LOCATION: WILL J.CREMES r Town Hall Annex PIERCE FFERTYV 54375 State Route 25 JAMES H.RICH III w (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ` Southold, NY � Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUT OLD MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald Wilcenski, Chairman Members of the Planning Board Date: June 27, 2017 Re: Request for Comments re: ZBA Application #7013 Croteaux Vineyards (4 Crows Inc.) SCTM#1000-75-7-1.4& 22.9 Zone: AC At the request of the Zoning Board of Appeals, the Planning Board has discussed the request for comments for the above action and has the following question prior to providing final comments. The Amended November 2, 2016 Notice of Disapproval was written to seek a permit to legalize an "as built"tasting room use, a use not listed in the Town Code. The Planning Board requests the Zoning Board clarify that a tasting room is a use that can be considered as a winery use, even though it is not defined in the Town Code. Further, does the use, as proposed, meet all the winery standards in the code, including the following? (a) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; Is the use, in fact and according to Town Code, a winery? The Planning Board does not support the requested variance due to the following reasons: Crote aux Vineyards Page 1 2 June 27 , 2017 To meet zoning for a winery use, 11.83 acres are required (10 acres and 80,000 square feet or 1.83 acres for the winery on a parcel). The 80,000 square feet is necessary to accommodate all Site Plan elements and future growth. The winery is proposed to be placed on a parcel with less than 10 acres devoted to a vineyard or other agricultural purposes. Note, the Planning Board recognizes that a vineyard is located across the street. Locating a winery on a parcel with less than 10 acres on a parcel in agricultural production sets a precedent that could have large ramifications town wide. The Planning Board is concerned that the commercial winery use located in close proximity to the residential uses could adversely affect the quality of life and ultimately the health safety and welfare of the residents from current or future operations. Numerous residential homes are located within 500 feet and 1,200 feet from the proposed winery (figures 1 and 2). Specific concerns include: • Impacts from increased noise. • Impacts from increased traffic volume, including large vehicles (buses and limousines) on secondary roads. • Potential traffic safety issues due to an un-signalized intersection at New York State Route 25/South Harbor Road/Lower Road. � I"^'Tut aO aiaW¢�oata rruµWatO q4"Y M1�Y' I 1"e IN dY1,F'rvW'v bf �A[ .{p,6 X:r441I'+14M1NId Kb`4w; IC+.. �,, ryq" �¢[,m A4 Y49p A;4'h,f tld9R'Ntiff WkNe f r. 1 e7ro t,OrM1J�i,1iC I y 4 0 fi tl'tl e.r YtlYXRd!'1A0tlul^ �. Rtil'd ICI'i I i,Y�mi 4 N9oWe�ipk 6u@ iE '.k8 {4Itq BSI;W'"olfl,ux P?ry". tlf II�I:kr�r4fC I. S � i�: ,V rostaniuu nar.ur e°r�� r� Figure 1. Showing proposed use in proximity to existing and potential residential uses. Crote aux Vineyards Page 1 3 June 27 , 2017 �i r�o�� gpyg'I � t i � h iw a.tiiaiiww ib•.iu, i S tit �o Nyy ry0 �r tai ski y d�i i i �� y i Vii, is i W�o � ,�j�✓' �adg l "' �, �,�i e � n d• �, ��l' rof� �r S l`Y ��v��i��it i 4� rl n%�i/ f ✓� ,/l H Nfl� ✓�� i ,, �rf��iM ¢�� !hl'fi°l P�,/�tiIl ern''✓ �w, ,`?v i.ppy ri r �fiu9 d Figure 2. Showing proposed use in proximity to existing and potential residential uses. e Ey I� I Figure 3. New York State Route 25/South Harbor Road/Lower Road intersection. Thank you for this opportunity to review the action, and please feel free to call this office with any questions. cc: Bill Duffy,Town Attorney Southold Town Plannina Board Work Session - June 26 2017 -- Page 4 Discussion: ❖ Request for Comments to ZBA re: Orioli & Son Rental East SCTM# 1000-140-3-38.4, 13175 Route 25, Mattituck ❖ Request for Comments to ZBA re: MacSweeney & Gonzalez SCTM#1000-27-1-9, 2050 Platt Road, Orient ❖ Request for Comments to ZBA re: Theodora Tsatos SCTM#1000-33-2-24, 1565 Greenhill Lane, Greenport •'• Request for Comments to ZBA re: Croteaux Vineyards N- • SCTM#1000-75-7-1.4, 1450 South Harbor Road, Southold (1 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW.(Z)DISTANCES SHOWN HEREON FROM PROPERTY LINES TO EXISTING STRUCTURES ARE FOR A SPECIFIC PURPOSE AND ARE NOT TO BE USED TO ESTABLISH PROPERTY LINES OR FOR ERECTION OF FENCES.(3)COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY.(4)CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY,GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON,AND TO THE ASSIGNEES OF THE LENDING INSTITUTION.CERTIFICA11ONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. (5)THE LOCATION OF WELLS(W),SEPTIC TANKS(ST)&CESSPOOLS(CP)SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. 400 Ostrander Avenue, Riverhead, New York I1a01 tel. 631.727.2303 fax. 631.727.0144 admin@youngengineering.com T" v� Howard N. Young, Land Surveyor ¢� 4' Thomas G. Wolpert, Professional Engineer ¢• Douglas E. Adams, Professional Engineer w E l�• Robert G. Tost, Architect 4.M5 y;5 �O 51 TE DATA S -1 t(NO tl 4 now or formerly PARCEL 'A' AREA = 4.6500 AGRE5 OR 202,554 50. FT. O� Glendon G. Homer PARCEL 'B' AREA = 11.5-741 ACRES OR 408,337 50. FT. `QO Mindy N. Homer VERTICAL DATUM = N.A.V. DATUM (IQ88) 1 m �o t SUb�°inion�orbor NO-1-0-7'50"E 0LOT NUMBERS REFER TO "MAP OF MINOR SUBDIVI510N PREPARED L Uth FOR ESTATE OF GEORGE JEwETT WELLS, TIMOTHY WELLS AND 5ubd�yiglon " or .liew S° a ry CHRISTOPHER MICELI" FILED IN THE OFFICE OF THE CLERK OF 1 5°uth HQe 2„ 1 �Qy pQrtnee No• g5q`I SUFFOLK COUNTY ON NOV. 28, IQgO AS FILE NO. x028. Lot 2 t �Qytn rShiP No 100�'S G°. 1 5ubdiy15�th HQrb°� PQ dile SU G°' W 3 >.ot 1 ,t „�Qyvie rs 1p pho`0055 `� q'SI.Ba' �n0 14 P,hRGEL 5 O tGo 1e ry mrV�rY LOT 001/ERASE SUbdiyt5ion ° Uth HQrbor �/°86 �R, �D, w 5° e „Boyvie Ship IF) Iooa5 ' Fortner File N° 2 STY. FRAME HOUSE w/RO PORCH = 2,052 SQ. FT. = 1.09b Suff. G°• y��r ��8•l5C' FRAME2 STY FRAME BUILDI BUILDING = 3Q5 SQ. FT. = 0.2% °04 oo FRAME BARN #I = 134 5Q. FT. = 0.5% now or fe M tilde �v5°nQ FRAME BARN #2 = I,I54 SQ. FT. = 00% Q9 FRAME SHED = 34 SQ. FT. = 0.05 n M• Guther� a z � INGROUND POOL = aQ2 S. FT. = 0.5% 8ronwy E �N m SCREENED PERSOLA 65650. FT. = 0.3% 400.00 1► �QjO02110 D�ERF�"G� i� /� TOTAL = 6,8'75 SQ. FT. = 3.49b 1 , 0 , , o , m ;o O 'Orr FENCE SI, (Y ' yy00fl ; p W Lot 0i yTON� ry 11 of M1nor SubdN15'on o 1; ut MQp for 5tote of 1 O `Y prep°Je ett yyellerTioehy m TN s �arGe 60o gond Ghr15toph 5 21.1 a�� c� yye FFL 3 Zm� Lot FRP ME i (i iSion Harb°r South og2 2 \ GERTI�I G SURVEYOR'S ,4T1 ON TO SEPTING ne_C_ _---- po tner F�e�1o• 1005 } m w 9 p,REA lag' _-- ---- G°• y O -y 13 �O * INE HEREBY CERTIFY TO CROTEAUX VINEYARDS THAT THIS 00 9 _r_ � pME °/nry SURVEY OF PARCEL 'A' WAS PREPARED IN ACCORDANCE WITH THE _ CODE OF PRACTICE FOR LAND SURVEYS ADOPTED BY THE NEW «� W - m FF�$5R4# $RICK WALL CO �a�3'---------- L y P �ry YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS. E �- 13 0 YAOOV �, " NE HEREBY CERTIFY TO CROTEAUX VINEYARDS..FARCEL o ___ j 'B' WAS PREPARED UTILIZING SURVEY PREPARED T-0H 5TOGK 3 ----- --- METZGER. 1. jzo$�,LS rn O 13.1,143 10.02 . A \ r S K FRAME o'3a'N 2 STORY lA m �I�j1NG o F>� FAME}10U5EnT Vv_ l09' 205' Bim,_ 0 0 i ry P1 � U8p,1T1 aye^�1 __ ---- .--Q Q 8 _-'_ 3ROpoULNrJ b 5q SOK c f __- ----- \ s�� HOWARD W. YOUNG, N.Y.S. L.S. NO. 458Q3 9 9oaFc �sw F 0, _ goo� 5 R OR GROTE UX VINEYARDS 572020\o of Southold, Town of Southold 00 001 90 Suffolk County, New York W O ot 2 , S 40 W O d\`�\Sion n°5 �5 °\� a 5�e p, � Np a2� MAP OF FROPERTIE5 402 ,, Go i\e 1000 75 07 1.4 NGE fSiff' County Tax Map District 1000 section 75 Block 07 Lot 22.x{ 9F�R FE °�iGe\\" 00T`W dot 3 e Dred Ght°Abet^ --// FIELD SURVEY COMPLETED OCT. 17, 2016 o�rn 1 MAP PREPARED Record of Revisions OCT. 15, 2016 •°z m 5-13 ��iSiOn e\\ Qnd Mir°� SU'°dOthy ' /� RECORD OF REVISIONS DATE Ma�,�Wety �V\\51 / 1i Geo�9e J 0 p E C E0 �1 NOV 0 4 2015 60 0 30 60 120 180 f Southoktl'own Scale: I" 60' = JOB NO. D 1 Planning Board 2016-0144 DWG. 2016_0144_bs ( OF I D = MONUMENT 5ET ®= MONUMENT FOUND = STAKE SET ®= 5TAKE FOUND BOARD MEMBERS „�� ' i 'r, Southold Town Hall Leslie Kanes Weisman,Chairperson � , 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes , Office Location: Gerard P.Goehrin er Town Annex/First Floor,Capital One Bank Geor �� 54375 Main Road at Youngs�,%veii a Homin Southold,NY 11971 "" Kenneth SchneiderP� �. 4 OD http://southoldtown.northfork.net r ZONING BOARD OF APPEALS p- TOWN OF SOUTHOLD �i ill v �'l Tel.(631) 765-1809•Fax(631)765-9064 �. �u11U10h T n MEMO pjsnnmpBoard TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: November 4, 2016 SUBJECT: Request for Comments ZBA #7013 — Croteaux Vineyards (4 Crows, Inc.) The ZBA is reviewing the following application, and enclosed copies of, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX #I ZBA HEARING VARIANCE PLANS JPREPARER ZONE DATE DATE _ STAMPED Croteaux 75.-7-1.4 #7013 1/5/17 280-13 10/31/16 Young & Vineyards (4 AC Young Crows, Inc.) -......ww . w.................. ...... w . ..... . .. ....-.-.... w .-w _. .._W..._ _ _ .. . ..... ... ........ ..........._ Your comments are appreciated by one week prior to above hearing date. Thank you. Encls. FORM NO. 3 f3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: July 22, 2016 RENEWED: October 7, 2016 AMENDED: November 2, 2016 TO: Croteaux.Vineyards (4 Crows, Inc) 1450 South Harbor Road Southold, NY 11971 Please take notice that your request dated July 1, 2016 For permit to legalize an"as built"tasting room at Location of property: 1450 South Harbor Road Southold NY County Tax Map No. 1000—Section 75 Block 7 Lot 1.4 Is returned herewith and disapproved on the following grounds: Pursuant to Article III, Section 280-13. 4, (b)The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; (d)The winery shall obtain site plan approval. This Notice ofDisapproval was amended on November 2,2016 to reino r , nee to 80-13,4. (a), wh h was included in error. ------- ------- ------I ----- ----- orized ign re Cc:File, ZBA, planning FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: July 22, 2016 RENEWED: October 7, 2016 TO: Croteaux Vineyards (4 Crows, Inc) 1450 of Harbor Road Southold, NY 11971 set e notice that your request dated July 1, 2016 For permit to legalize an"as built''tastigg_Loom at Location of property: 1450 South Harbor Road, Southold,NY County Tax Map No. 1000—Section 75 Block Lot 14 Is returned herewith and disapproved on the following grounds: Pursuant to Article III, Section 280-13,4 (a)The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; (b)The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; (d)The winery shall obtain site plan approval. ------------- Authorized Signature Cc:File, ZBA, planning Fee: Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TO"R"N BOARD OF APPEALS AREA VARIANCE House No. fb' Street v Hamlet SCTM 1000 Section 75 Block 7 Lot(s) 1.4 Lot Size 4.65 acres Zone C, - 80 )APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED July 22,-2016 BASED ONSURVEY/SITE PLAN DATED My 28, 1990* *updated survey to come October 29,2016 Owner(s): Michael Croteau Mailing Address: 1450 South Harbor load,Southold,, NY 11971771X. Telephone: 17- -6072 Fax: None Email: mc@croteaux.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: for( )Owner( )Other: Address: Telephone: Fax: Email: Please check to specify who you wish correspondence to be mailed to,from the above names: Applicant! ner(s), ( )Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PL 2 16F®R: DATED. Ul 2 , 190 and DENIED PLICATION DATED my , ( f'Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: 1.11 Section. 280-13 subsection: Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ( } A Variance due to lack of access required by New York Town Law-Section 280-A. O 1 Sectio Interpretation ice _ O Reversal or Other prior a s, ( ) has not been madeat any time witi resec o is pro , UNDER Appeal (s). 3889 Year(s). 1990 (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZA File# Name of Owner: ZBA File REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because:The property is 4.65 acres(PARCEL W)containing all original farm buildings dating back to the mid 1700s,has always been in active agricultural production and utilizes the pre-existing historic buildings.It is sur- rounded by hundreds of acres of vineyards and agricultural land including a 9.37 acre parcel(`PARCEL B')owned by the applicant and directly adjacent on the East side of South Harbor Road.The requested change is related to a business that has operated at the site since 2007 with no negative affect on the neighborhood.The farms bordering to the South and East previously ran retail operations and commercial farming operations for many decades. 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because:The applicant owns two adjacent properties with separate tax map numbers,divided by South Harbor Road.Each of the parcels have vineyards planted on them.The project would comply with Southold Town's 10-acre minimum requirement for a winery operation if the applicant was able to combine the two parcels but cannot because of the public road dividing them. 3.The amount of relief requested is not substantial because:The relief sought does not require any subdivision,lot line change or change in physical boundaries of any kind.The property is zoned A/C and the request is for an agricultural use and the requested change complies with the buk schedule on the subject property.No new building construction or significant alteration is necessary.The existing historic structures have been used for this purpose since 2007 and will ci- continue to be used in the same manner. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The variance will not change or alter any physical aspects of the existing land or en- vironment By allowing the variance it will further insure and maintain the existing farming use,preserving the agricultural environment and historic farm which exists now. 5.Has the alleged difficulty been self created? { } Yes,or {)4 No Why: The applicant is seeking a variance due to Southold Town code Article III,Section 280-13.4.which requires a winery to"be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes,and which is owned by the winery owner." The two subject par- cels contain nearly 12 acres of land in vineyard production but they are divided by South Harbor Road.The parcels cannot be legally combined due to the road dividing them. Are there any Covenants or Restrictions concerning this land? { } No PC} Yes(please furnish a copy) See Peconic Land Trust Conservation Easment. This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Awa m t fore me thi.� gay of .........—,. 20 Uboa _ M. BETSY A.PERKINS Notary Publl x State of New York' No. 1 lit 31636 Qualified in Suffolk COU � oil"missio Expires July "�� APPLICANT'S PROJECT DESCRIPTION APPLICANT: Four,Crows,lnc DATE A 10-31-16 1.For Demolition of Existing Building Areas Please describe areas being removed: No demolition necessary H.New Construction Areas (New Dwellingor New Additions/Extensions): Dimensions of first floor extension: No Additions/Extensions Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge); Is basement or lowest floor area being constructed?If yes, please provide height(above ground)measured from natural existing grade to first floor: M.Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: No alterations or structural changes, Number of Floors and Changes WITH Alterations: I'V. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 6,875 Proposed increase of building coverage: No increase. Square ootage o your lot: 202,554 Percentage of coverage of your lot by building area: 3.4% V.Purpose of New Construction: No new construction will be necessary related to the variance sou ht .Please describe the land contours (flat,slope %, heavily wooded,marsh area,etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Flat farm land with landsc ed borders,trees and prdens. Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. (See Attached Photos of p sting buildings on site). 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? ---Yes x No B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? No 2.)Are those areas shown on the survey submitted with this application? n1a 3.)Is the property bulk headed between the wetlands area and the upland building area? No 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination ofjurisdiction?' n/a Please confirm status of your inquiry or application with the Trustees: .......... and if issued,please attach copies of permit with conditions and approved survey. DIs there a depression or sloping elevation near the area of proposed construction at or below five feet above can sea level? No & Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or to none on-the above line. F. Do you have any construction taking place at this time concerning your premises? No if yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: ............ G, Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? Yes If yes, please label the proximity of your lands on your survey. See Survey-Parcel A and Parcel B I. Please list present use or operations conducted at this parcel__I.EKIsting single family home, I.VingEd/vAnery and the proposed use Same-Existing sinjoe T�i�home with vineyard/Mnery . .............. (ex:existing-single family,proposed:same with garage,pool or other) Aa� �, Date /L ortc sl plc and ,. FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-20942 Date AUGUST 17, 1992 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property? 1450 SOUTH HARBOR LANE SOUTHOLD N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 75 Block 7 Lot 1.4 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-20942 dated AUGUST 17 1992 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY GARAGE & STORAGE BARN The certificate is issued to ESTATE OF GEORGE J. WELLS (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL NLA UNDERWRITERS CERTIFICATE NO. NLA PLUMBERS CERTIFICATION DATED NLA *PLEASE SEE ATTACHED INSPECTION REPORT. *THIS DWELLING IS NON-HABITABLE UNTIL MAJOR REPAIRS ARE CON LETE (BUILDING PERMITS REQUIRED) - Bu dincl Insp ctor Rev. 1/81 BUIL=: TO'-,-ITOF SCUT:IOLD, H. Y. ISC,U�-I::C+ Con INS?E:TION RE-CRT - 1450 SOUTH HARBOR LANE CUTCDOGUE, N.Y. Loc tors _. ail c lc:�..o`r u vtreaC) k,-jLj,*u y1 Subdivision fan No Lot(c) Na.,ne of Owners) ESTATE OF GEORGE WELLS Occupcnc;� 1 FAMILY (type) o:,ner-L rnaal v) Admitted by: ION KING Accompanied by: SA!! Key available Suffolk Co. Tax No. 75-7-1-4 Source Of request NORSTAR TRUST CO. EXECUTOR OF EST- Dat` JUNE 22,1992 M=LING Tyne of constn Ction FRAME ;stories 2 Foundation BRICK, SOME BLOCK Cellar 10% Cra*al space 90% Total rooms, lst. Fl 5 2nd. Fl 5 3rd. Fl Bathroo:i(s) 2 Toilet roorc(s) 1 Porch, type 2 OPEN ROOFED Deck, type Patio, type Breezeway Garage' U-tility room Type Heat 'Warm Air Hotwater Fireplace(s) 2No. Exits 3 Aircor_diticnin® . Domestic ho t.later Xx ° me heater L.P. Other ACC=ScORY STRUCTURES: FRAME Garage, type const. 2 FRAME Storage, type const.(NANNY Swim-ming pool Guest, type const. Other ACCESSORY STEUCTURES ARE IN NEED OF SOME REPAIR V T OLATIONS: CHAPTER 45--N.Y. STATE UNIFORM FI1U3 PREVENTION 6 BUILDING CODE Lnrat nn D Ecrint;on Art. Sec. INTERIOR CHIOMYS, FLUES, FIREPLACES GAS VENTS TO BE yy y� I I111AIMED, SPF AND 5t.10 ,HT_ N 1243.1 INTERIOR TERMITE INFESTATION 1242.9 PROTECT STRUCTURAL MEMBER d 1242.7 ELECTRICAL SYSTEMS TO BE 14AINTAIMD IN SAFE---------------- 11100ING ITIO L 1243.8 P G To BE AI IN A SAFE.. S IT AND SERVICABLE CONDITION. 1243.7 EXTERIOR HEAVY UNDERGROWTH TO BE ELIMATED. 1244_1 (f) g�ergag!PgT IS DWELLING IS NON-HABITA UNTIL MAJOR REPAIRS ARE COMPLETE. RE!! p .. .. J. Date Of Insp. AUGUST 4, 1992 Invpccted b' THOMAS J. " ISHE Time start 9:00 end 9:30 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-23025 Date JUNE 2, 1994 THIS CERTIFIES that the building ALTERATION Location of Property 1450 SOUTH HARBOR LANE SOUTHOLD House No. Street Hamlet County Tax Map No. 1000 Section 75 Block 7 Lot 1.4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 8, 3.993 pursuant to which Building Permit No. 21545-Z dated JULY 20, 1993 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ALTER AND CONSTRUCT A FOUNDATION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to MICHAEL & PAULA CROTEAU (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. 4141-E JULY 20, 1993 PLUMBERS CERTIFICATION DATED PERFECTION PLUMBING & HBATING /',/"/BuiZding Inspector Rev. 1/S1 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-25501 Date: 01/23/98 THIS CERTIFIES that the building ALTERATION Location of Property: 1450 SOUTH HARBOR LANE (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No. 473889 Section 75 Block 7 Lot 1.4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 29, 1994 pursuant to which Building Permit No. 22521-Z dated DECEMBER 7, 1994 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is RENOVATION & ALTERATION TO AN EXISTING "NON-HABITABLE" ACCESSORY BUILDING AS APPLIED FOR. The certificate is issued to MICHAEL & PAULA CROTEAU (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 7495 03/29/95 PLUMBERS CERTIFICATION DATED N/A c Building Inspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-28088 Date: 11/29/01 THIS CERTIFIES that the building ACCESSORY Location of Property: 1450_ SOUTH HARBOR RD SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 75 Block 7 Lot 1.4 Subdivision Filed Map No_ Lot No_ conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 17, 2001 pursuant to which Building Permit No. 27672-Z dated SEPTEMBER 17, 2001 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY INGROUND SWIMMING POOL WITH FENCE TO CODE AS APPLIED FOR. The certificate is issued to MICHAEL L & PAULA S CROTEAU (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N_A ELECTRICAL CERTIFICATE NO. 28526 06/09/99 PLUMBERS CERTIFICATION DATED NIA Authorized Sig ture Rev. 1/81 • b' Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. JOSEPH H.SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3889 Matter of TIMOTHY AND GEORGE WELLS. Variance to the zoning Ordinance, Article III A, Section 100-30 A.3, Bulk and Parking Regulations, (Article I, Section 106-20) , for approval of insufficient are in this pending division of land. Property Location: Southold Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07, Lot 1.3, WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the application of TIMOTHY AND GEORGE WELLS, under Appeal No. 3889; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally view and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the west side of South Harbor Road, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 075, Block 07, Lots 1. 3, 1. 4, 1. 5. 2. This is an application for Variances from the Zoning Code Article III A, Bulk and Parking Regulations Section 100-30 A. 3, Article I, Section 106-20, for approval of insufficient area in this pending division of land. Page 2 - Appl. No. 3889 Matter of TIMOTHY AND GEORGE WELLS Decision rendered January 9, 1990 3. Article III A, Section 100-30 A.3, no building or premises shall be used and no building,:or part thereof shall be erected or altered in the Low-Density', esidential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, :with the same force and effect as if such regulations were set forth herein in full. 4. In considering this application, the Board finds and determines: (a) that there is no other method for appellants to pursue; and sub-dividing the proposed division of land in any other area will require other variance relief; (b) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance as applied. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance in the matter of the application of TIMOTHY AND GEORGE WELLS as applied under Appeal No. 3889. Vote of the board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio (Absent Serge Doyen and Joseph Sawicki) . This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND FILED BY THE SOUTI OLD TOWN CLERK DATE HOUR Town Clerk, Town of Southold AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOU OLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of afarm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Michael Croteau (Four Crows,Inc.) 2. Address of Applicant: 1450 South Harbor Road,Southold,W 11971 3. Name of Land Owner(if other than Applicant): 4. Address of Land 5. Description of Proposed Project: Farm Winery conta!E'rn&j sep:arate but adjacent parcels of land separated by South Harbor Road, SCTM# 1000-75-7-1.4,(Vineyard and Winery Location)and SCTM#1000-75-7-22.9(Vineyard)totalling 14.042 acres 6. Location of Property: (road and Tax map number) 1450 South Harbor Road,Southold,W 11971 SCTM: 1000-75-7-1.4 7. Is the parcel within 500 feet of a farm operation? N Yes No 8. Is this parcel actively farmed? 00 Yes { } No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1600-75.7.2 Bradley and Fran Anderson,642 Ocean Koad,Vero Beach,32963 2. 1000.75.6-11 Bradley and Fran Anderson,642 Ocean Road,Vero Beach,32963 4. 5 6. (Please use the back of this page if there are additional property owners) Signature of App icant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy ofthis statement. 2. Comments returned to the local Board will be taken into consideration as lawl as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Instructions for Complg!Lng Part I -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part I -Project and Sponsor Information Name of Action or Project: Four Crows,Inc,-CroteauxVineyards Farm Winery Project Location(describe,and attach a location map): 1450 South Harbor Road,Southold,NY 11971 (See attached survey Parcel A and Parcel B) Brief Description of Proposed Action: The proposed action is a request for a variance at 1450 South Harbor Road,Southold,NY(°Parcel X SCTM# 100-75-07-22.9)allowing the adjacent parcel of fam-dyineyard land('Parcel W SCT M#1000-75-07-1.4)also owned by the applicant,to be considered in order to satisfy Southold Town's requirement of I 0-acres for a winery operation. Name of Applicant or Sponsor: Telephone: 631-765-6032 or 917-923-6072 Michael Croteau E-Mail: mc@croteauxcorn Address: 1450 South Harbor Road,Southold,NY 11971 City/PO: State: Zip Code: Southold NY 11971 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: Southold Town Planning Department-Site Plan Approval X 3.a.Total acreage of the site of the proposed action? 4.65 acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 14..042 acres 4. Check all land uses that occur on,adjoining and near the proposed action. • Urban N Rural(non-agriculture) 0 Industrial 0 Commercial Eff Residential(suburban) •Forest N Agriculture 0 Aquatic 6d Other(specify): Public Service- • Parkland Fire Department Sub Station-Heliport Page ] of 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? X 6. is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: �...... X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: Septic System mmmmm X _..... 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: . ... ...... _. __. .__.._�_..._. 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑ Urban 0 Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES X b.Will storm water discharges be directed to established conveyance systems(ninoff and storm drains)? If Yes,briefly describe: ❑NO❑YES X ............................._.. .. ._..� Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: _ X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: _ X L I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE pgp Zo Crotu ...._._.�.._.._.. ... . .... I0-2$-16 Si nlat�a;re:same Date:. Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. • Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. o Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer .. nature of Responsible Officer in Lead Age _................ Si �..W_. g p ncy Signature of Preparer(if different from Responsible Officer) Page 4 of APPLICANTIOWNER TRANSACTIONAL DISCLOSURE FORM The Town of Soutbold's Code of Ethics prohibits conflicts of interest on the tart of town officers and of this form is ration which can alert the town of possible conflicts of interest anw d alloys`it to take whatever _ ,to provide inLtn-- action is necessary to avoid same. YOUR NAME : Croteau,Michael,L. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning 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 X If No,sign and date below.If YES,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)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 spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) Q an officer,director,partner,or employee of the applicant; or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 31 day of October ,20 16 Signatut Print Name Town of Southold LYV`RP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I All applicants for permits* including Town of Southold agencies, shall complete this CC AF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion az Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the To of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior tomaking 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 To of Southold's website (sou tholdtown.no rthfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 75 - 7-1.4 The Application has been submitted to(check appropriate response): Town Board [E Planning Dept. [i Building Dept. [R Board of Trustees E 6 I Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital construction,planning activity,agency regulation, land transaction) (b) Financial assistance(e.g.grant, loan,subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Disapproval of Building Permit ...... ..... ..... 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. See Section III—Policies Pages; 34 through 38 for evaluation criteria. No R (Not Applicable—please explain) The requested variance would not impact air quality. ....... ...... ................ ............ 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. E� Yes 1:1 No 1� (Not Applicable—please explain) The requested variance would not be related to any environmental degradation or create any solid waste/hazardous materials. ........... 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 L Section III—Policies; Pages 38 through 46 for evaluation criteria. F-E YeD No 4 (Not Applicable—please explain) The requested variance would have no affect on use of coastal waters orpkklic lands. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. Yes ❑ No (Not Applicable—please explain) ld_oq.Lmct existingwaters .. . 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 LVVRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No Not Applicable—please explain The subject propeEtis not in close proximi to wetlands,marine resources or co I waters. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LVVRP Section III— Policies; Pages 62 through 65 for evaluation criteria. Yes ❑ No❑ Not Applicable—please explain (Marcel A)C 450 South Harbor load i rk of limited sub-divislon far lan l_p sery tion )Ian whichpreserved the old' "Howell Farm" in 1988. Parcel I) is part of a limited sub-division and farmland preservation_plan in 1993 in which 12.5 of 12,5 acres of agriculture land'was reserved 5lnce then the farm ihas beenactivel used as an organic vn etable farm and a vineyard since 2003.The subdivision plan located the lots to allow for opma, me of r and,and no new roads were added The plan also preserved old farm house and moved it 110 feet off road to futher allow for„M_lands.Dri irri tion is irisxa�l�d�tl�r hour the in rd to alltsw for minimal g a ruse and r-ass is lanced in all headlands to minimize erosion. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable—please explain There are no negative or positive impacts from w,the mmrequested variance in relation to energy or mineral resources Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic res ources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes E No (Not Applicable—please explain) The rV in 2003 and h pTRe _ � ��as la ed a ke roll in ke, nic vista from three daffeITIT roads, South Harbor Road,Ba ie Road pa)T��rAyen�ueand Gran e�Roads�.These roads a�reWj h traffic volume secono�!�oads� -__rL f-_ and the Preservation of the land thru use as a fa benefited residets borderirg_�?2_pEppery,as well as those driv- benef ............... Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. AEnimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria 5:21 Yes FE No L'21 (Not Applicable—please explain) EESEerly.is not on coast or borderi ..... �ands. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply inthe Town of Southold. See LVVRP Section III —Policies Pages 16 through 21 for evaluation criteria E Yes PE No [-� (Not Applicable—please explain) The requested yariance would not impact.,gie ewater use on the pro . ..... Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. [d Yes E No W (Not Applicable—please explain) The requested variance would not impact the existing ecosystem. -— ---------- Location of action: 1450 South Harbor Road,Southold,NY 11971 Site acreage: 4.65 Acres(Parcel A), 9.3741 Acres (Parcel B) Present land use: Agricultural, Residential Present zoning classification: A/C R-80 2. if an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: aO Name of applicant:_ Michael Croteau Four Crows,Inc.-CroteauxVineyards) (b) Mailing address: NY 1 1971 1450 South Harbor Road,Southold,WWWWWW�WWWWW WWW. ..WW (c) Telephone number:Area Code( ) (917)923-6072 O Application number, if any; Will the actionbb{e directly undertaken, require funding, or approval by a state or federal agency? Yes 1:1 No L^_J If yes,which state or federal agency`s 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. N Yes 0 No ❑ (Not Applicable- please explain) *ct is gn an i a r"c farm that has n in ctiw ri ultural roduction since the 1700's. The applicant/owner _ p=hased the propel°in 1992,and thef p.ftm:d1 the farm directly to the east of South Harbor Load in 1993. Thesite is part of a yoluntary preservation plan and limits d u division which the Qplicant irn limented thru a Conservation Easement i r in 1993. This lan re d,ontae Oen st arna potential of 28 houses to 3 houses including the - original historic farm. No public funds were used in the farmland preservation plan. As part of the limited development plan, the applicant also placed building restrictions in the conservation easement so that houses built on the new lots would have to be visually consistent with the historic architectural style of early Southold homes from the 1700 and 1800s. These efforts were undertaken in order to promote and enhance the community character of the area while also preserving agricultural lands.No new roads or excavation were needed in the minor design of the r- ........... � � gsubdivission plan. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria © Yes ❑ No ❑ (Not Applicable—please explain) The propeM at 1450 South_Harbor Road contains historic buildings dating back to the mid 1700's including an 1888 farm house, 1749 post-and beam barn and carriage barn and agricultural accessory structures totalling five buildings.The struc- tures were neglected and in dis-repair since the 1970s.Over the last 24 years,each structure has been restored by the appli- cant,and al �IT i are usedforresidential or agricultural purposes. Parcel B also contains historic structures including an 1850s ... farmhouse and barn which were preserved by the atrpllcarrt afar"nst the advice of many who advised him to demolish the houses because of their deteriorated state.The requested variance will further promote the use of these structures enabling them to continue to be maintained as art of Southold s �... .. .... ...m�.�...-.._ —d p ' agriculture history. A . �')cyr��r3• SEED l� N "ATiO E THIS DEED OF CONSERVATION EASEMENT, is made on the_day of September, 1994 at Southampton, New York.The parties are BAYVIEW/SOUTH HARBOR LIMITED PARTNERSHIP with an office at 1450South Harbor Road, Southold, New York 11971 (herein called the Grantor"), and the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York Corporation, having a principal office at 30 dagger Lane (P.O. Box 2088), Southampton, New York 11969 (herein called "Grantee"). INTRODUCTION WHEREAS, the Grantor is the owner in fee simple of certain real property (Tax Map #1000-75-4.0-22.1) located in the Town Of Southold, Suffolk County, New York hereinafter A * more fully described in EXHIBIT A attached hereto, and hereinafter referred to as the "Property"; and WHEREAS, the Property Is located in the R-80 Zoning District of the Town of Southold which designation, to the extent possible„ is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town of Southold code, Section 100-30; and WHEREAS, the Property has a yield of nine (9) single-family residences pursuant to said zoning code; and WHEREAS, the Grantor wishes to grant a Conservation Easement on the 17.5-acre parcel * of Property so that a portion of the Property (hereinafter referred to as the "Open Area", B comprising approximately 12 acres of the Property, more fully described in EXHIBIT B attached hereto) shall remain in its open, undeveloped, and scenic state, and another portion of the Property (hereinafter referred to as the "Development Area 11", comprising 2.5 acres, of the Property, more fully described in EXHIBIT C attached hereto), may be developed with no more than the existing single-family residence and accessory structures, and another portion of the p Property (hereinafter referred to as the "Development Area 2", comprising 3.0 acres of the Property, more fully described in EXHIBIT ) attached hereto), may be further developed with no more than three single and separate residences; and WHEREAS, the Property contains soils qualified as Class I and Class II worthy of conservation as Identified by the United State's Department of Agriculture Soil Conservation Service's S S e ffol of ew or „ and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold code, Section 272-a of the Town Law, to protect environmentally sensitive ,areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property has a total of 1,700 feet of road frontage on both Bayview Road and South Harbor Road which offers the public a significant vista of scenic, open farmland; and WHEREAS, the Property in its present scenic, agricultural and open space condition has substantial and significant value as an aesthetic and agricultural resource by reason of the fact c that it has not been subject to any extensive development; and WHEREAS, the Grantor and Grantee recognize the value and special character of the region in which the Property is located, and the Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and g intangible values of the Property as an aesthetic and agricultural resource; and i WHEREAS, the;Grantee has determined it to be desirable and beneficial and has requested , the Grantor, for itself and its successors and assigns, to grant a Conservation Easement to the i Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; l 1 NOW,THEREFORE: 0.01 Grantor's.Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Exhibit A, free of any mortgages or liens and possesses the right to grant this Easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a qualified not-for-profit charitable organization under Section 170(hr)(3) of the Internal Revenue Code of 1986, and any amendatory or supplemental legislation (herein called "the Code"), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural, scenic and natural values of rural. lands located in Suffolk County of Long Island. 0.03 Purpose The parties recognize the environmental, scenic and agricultural values of the Open Area and have the common purpose of preserving these values. This Deed is.intended to convey a Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for environmental, scenic, agricultural and natural values, by preventing the use or development of the Open Area for any purpose or in any manner contrary to the provisions herein, in furtherance of federal, New York State and local conservation policies. 0.04 Government Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural and open condition through conservation restrictions by enactment of Environmental Conservation Law, Section 49-0301, et. seq. and General Municipal Law, Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property, as determined by its Board of Directors, at a duly constituted meeting of that Board, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open land. 0.06 Documentation The Grantee acknowledges by acceptance of this Easement that Grantor's historical and present use of the Property is compatible with the purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time of the gift of this Easement. (In order to aid in identifying and documenting the present condition of the Property's natural, wildlife, watershed, scenic, agriculture and aesthetic resources and otherwise to aid in identifying and documenting the Property's open space values as of the date hereof, to assist the Grantor and Grantee with monitoring the development and use of the Property and ensuring compliance with the terms hereof, the Grantee has prepared, with the Grantor's full cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation") and shall submit the same to the Grantor for his review.) This Baseline Documentation includes, but need not be limited to, an aerial photograph, photographs of the Property, a topographical map, a description and site plan of existing land uses, features, and structures, if any. The Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's historical and present uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs, or other evidence to assist in the resolution of the controversy. 2 0.07 Recitation In consideration of the previously recited facts, mutual promises, undertakings and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT .01 Type This Deed conveys a Conservation Easement (herein called the "Easement"). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited in this Deed. Reference to this "Easement" or its "provisions" in this Deed shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect The covenants, terms, conditions, restrictions and purposes of this Easement shall run with the Property as an incorporeal interest in the Property, and shall bind the successors and assign; of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants„ heirs, personal representatives, successors and assigns and all other Individuals and entities.. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each of its agents, successors, and assigns and each such following successor and assign, and the word "Grantee" when used herein shall include all of those persons or entities. Any rights, obligations and interests herein granted by Grantor shall also be deemed granted by each of its agents, successors and assigns, and each such following successor and assign, and the word "Grantor" when used herein shall include all of those persons or entities. ARTICLE TWO GIFT GRANTOR hereby voluntarily grants, releases and conveys to Grantee, as an absolute gift, this Easement, in perpetuity, together with all rights to enforce it, as recited herein, against Grantor and all future owners, tenants, occupants, assigns and possessors of the Property. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor and all future owners, tenants, occupants, assigns'and possessors of said Property. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures The construction or placement of residential, commercial, industrial or other buildings or structures of any kind or nature (including, but not limited to mobile homes), permanent or temporary, on, over or under the Property except pursuant to Section 4.06 hereof. Structures and improvements, including, but not limited to, driveways, trails and agricultural structures as permitted in Sections 4.05 and 4.06 hereof, may not be made on, over, or under the Open Area without the prior written consent of the Grantee, which may be granted if the structure or improvement does not defeat or derogate from the purposes of this Easement. 3 � 3.02 Excavation and Removal of Materials The excavating, mining or filling of the Property except as may be necessary to develop and maintain the single-family residences and appurtenant structures and improvements permitted in the Development Areas 1 and 2, and allowable non-residential improvements on the Property and to construct and maintain the permitted structures and improvements in the Open Area with the prior written consent of the Grantee. The removal of topsoil, sand, or other materials shall not take place on the Property nor shall the topography of the Property be changed except to develop and maintain the singiie-famiiy residences and appurtenant structures and improvements permitted in the Development Areas 1 and 2, to construct and maintain the permitted structures and improvements in the Open Area and for purposes of erosion control and soil management with the prior written consent of the Grantee, 3.03 Subdivision The subdivision or partitioning of the Property without the prior written consent of the Grantee, which shall be granted if that subdivision or partition does not defeat or derogate from the purposes of this Easement. In no event shall the Property be subdivided into more than four residential lots, as provided in Section 4.06 hereof. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property. 3.05 Signs The display of signs, billboards, or advertisements on the Property except signs, whose placement, number, and design do not significantly diminish the scenic character of the Property and only for the following purposes: a) to state the name of the Property and the names and addresses of the occupants, b) temporarily to advertise the Property or any portion thereof for sale or rent (subject to and in accordance with Section 100-201 through 207 of the Zoning Code of the Town of Southold, as same may be amended from time to time), c) to post the Property to control unauthorized entry or use, and d) to announce the Grantee's conservation easement. 3.06 Landscaping Activities The removal of trees, shrubs, or other vegetation from the Property, except as provided in Sections 4.04 and 4.06. 3.07 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Open Area except with the Grantee's prior written consent. Underground utilities must, to the extent possible, be constructed within 30 feet of the center line of roads or driveways, and may be used solely to service the permitted structures. i 3.08 Uses f The use of the Property for any commercial or industrial purpose except that agricultural uses expressly permitted in Section 4.05 shall not be considered a commercial or industrial use. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to this Easement, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4 i 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York State, and federal law which will not defeat or derogate from the purposes of this Easement. 4.04 Landscaping Activities Grantor shall have the right to continue the historical modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, dangerously decayed or damaged on the Property. 4.05 Agricultural Activities Grantor shall have the right to continue or restore the historical, locally typical and/or customary modes and levels of farming, including pasturing, grazing, feeding and care of livestock and cultivation of crops, provided that such agricultural activity shall be conducted in accordance with the purposes of this Easement. Normal agricultural fencing and accessory structures, as provided.. in 4.06 S, and as may be reasonably necessary in connection with agricultural use and the maintenance of horses„ sheep, beef or dairy cattle, or similar domestic livestock on the Property, may be constructed, maintained or replaced by Grantor with the prior written consent of the Grantee. 4.06 Structures A. Allowable Residential Improvements. Development Area 1 Grantor shall have the right to maintain, renovate and replace the existing single-family residence in the Development Area 1, with appurtenant structures and improvements reasonably necessary to serve such residence including, without limitation, driveways, garages, storage sheds, septic systems and leaching fields, swimming pools, pool houses, tennis courts, or other family-scale athletic facilities. In the event Grantor demolishes, removes or relocates the existing residence and/or accessory structures, Grantor may reconstruct a new, replacement single-family residence with accessory structures and improvements, and .shall have the right to remove trees, shrubs, or other vegetation reasonably necessary to construct, repair, renovate, reconstruct, and maintain the single-family residence and accessory structures and improvements as permitted by the Town Code of the Town of Southold. Development Area 2 Grantor shall have the right to construct no more than three single-family residences in the Development Area 2 with appurtenant structures and improvements reasonably necessary to serve such residences Including, without limitation, driveways, garages, storage sheds', septic systems and leaching fields, swimming pools, pool houses, tennis courts, or other family-scale athletic facilities. Grantor shall have the right to remove trees, shrubs, or other vegetation reasonably necessary to construct, repair, renovate, reconstruct and maintain the three single-family residences and accessory structures and improvements as permitted by the Town Code of the Town of Southold. All such residences, structures and improvements shall be constructed, maintained and replaced within the Development Area 2 as described in EXHIBIT D except as provided in Section 3.01. B. Allowable Non-Residential Improvements. Grantor shall have the right to erect and maintain the following non-residential improvements in the Open Area which are necessary to and consistent with the agricultural uses as permitted in Sections 4.05 and 4.06 hereof. i ( i ) Agricultural Structures, including but not limited to barns, sheds, and silos as is necessary for the agricultural use of the Open Area, placed such that they do not detract from and adversely affect the scenic value of this Easement. Such Structures are subject to the provisions of the Town Code of the Town of Southold; and 5 (i i ) Access Drives, to provide access to the improvements permitted herein, a foot trail for foot traffic only for the sole use of the future owners, tenants, occupants, assigns and possessors of Property; and (iii) Fences;and (Iv) Underground facilities normally used in connection with supplying utilities, removing sanitary sewage effluent, and controlling stormwater runoff from the improvements permitted under the terms of this paragraph B hereof. Any such underground utilities must, to the extent possible, be constructed within 30 feet of the center line of roads or driveways, and may be used solely to service the permitted structures. C. Replacement of Structures In-Kind. In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvement impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted within the same location subject to the review and written approval of Grantee. D. Environmental Sensitivity during Construction. The use and location of such improvements shall be consistent with the conservation purposes intended herein, and constructed by methods which are attentive to minimizing disturbances to the environment, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 4.07 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property which could adversely affect the conservation purposes which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.06 herein. Grantor shall provide Grantee with complete documentation including architectural plans of any proposed structures which are subject to Grantees approval which shall not be unreasonably withheld, Such approval, disapproval or comments of Grantee shall be given to Grantor within 45 days after all necessary documentation and information is submitted to Grantee. 4.08 Alienhiliy Grantor shall have the right to convey all or any part of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full names and mailing addresses of all Grantees, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting forth the date, office, liber and page of the recording hereof. The failure of any such Instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments I Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges which may become a lien on the Property, including any taxes or levies imposed to make those payments. If Grantor fails to make such payments, Grantee is authorized to make such payments (but shall have no obligation to do so) upon ten days prior written notice to Grantor, according to any bill, statement or estimate procured from the appropriate public office without inquiry into the accuracy thereof. That payment, If made by Grantee, shall become a lien on the Property of the same priority as the item if not paid would have become, and shall bear interest until paid by Grantor at two percentage points over the prime rate of 6 interest from time to time charged by Citibank, N.A. ARTICLE SIX INDEMNIFICATION 6.01 Grantor's Obligations Grantor shall indemnify and hold Grantee harmless from any charges or liens imposed upon Grantee arising from the physical maintenance and upkeep of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 6.02 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorney's fees, judgments or expenses to Grantee or any of Its officers, employees, agents or independent contractors resulting: a) from Injury to persons or damages to Property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees„ agents, or Independent contractors„ and b) from actions or claims of any nature by third parties arising out of the entering Into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. ARTICLE SEVEN GRANTEE'S RIGHTS 7.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon reasonable prior notice to Grantor, and in a manner that will not interfere with the Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purpose, except as provided in Section 7.03, nor to permit access upon the Property by the public. 7.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that the Grantee may reasonably deem necessary. However, it is understood and agreed by the parties hereto that the Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to .the Property resulting from such causes. 7.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or In equity, In the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement Is not cured by Grantor within thirty (30) days notice thereof by Grantee (which notice requirement Is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires Immediate action to preserve and protect any of the Open Space Values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (1) to f institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) to enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto or on the date hereof, or to such condition as is expressly permitted hereby or as may be pursuant to the terms hereof, as Grantee deems appropriate under the circumstances, or i� 7 (iii) to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by Grantee (herein called "legal expenses") in connection with any proceedings under this Section 7.03. 7.04 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SEVEN shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 7.05 Assignability Grantee shall have the right to assign any and all of its rights and responsibilities under this Easement,-and any and all of its rights, title and interest in and to this Easement only to a qualified organization (herein called "the Assignee"). As used herein: the term "qualified organization" means a not-for-profit corporation or governmental unit or agency which is qualified to receive such interests pursuant to Article 49 of the New York Environmental Conservation Law, and is a qualified organization within the meaning of Section 170(h)(3) of the Code. Any assignment by Grantee or Grantee's successors must require the Assignee or Assignee's successors to carry out the purposes of this Easement. The Assignee and its successors and assigns shall have the same right of assignment. 7.06 Succession If at any time Grantee or any successor or assignee is unable to enforce this Easement fully or fails to do so, or if Grantee or any successor or assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section 170 (h)(3) then this Easement shall be vested in the Town of Southold or such other qualified organization the Grantee shall designate. If, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of its rights and responsibilities under this Easement and all of its right, title and interest in and to the Easement to a qualified organization, then the rights and responsibilities under.this Easement shall become vested in and fall upon another qualified organization in accordance with a cy pres proceeding brought in any court of competent jurisdiction. 7.07 Extinaulshment This Easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 7.07, the fair market value of such right and interest shall be equal to the difference, as of the date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby (such difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinafter referred to as the "Proportionate Share"). In the event a material unforeseeable change in the conditions surrounding the Property makes impossible its continued use for, the purposes contemplated hereby, resulting in an extinguishment of this Easement or any material term or provision hereof by a judicial proceeding; then upon a subsequent transfer of title to the Property by sale, gift, devise, exchange, taking by eminent domain or by purchase in lieu of a taking, Grantor shall pay to Grantee an amount equal to the greater of (x) the consideration paid by Grantee to Grantor for this Easement or (y) the Proportionate Share of the proceeds of such transfer. If all or any part of the Property is taken under the power of eminent domain by public, h corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the Property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered proceeds. The Grantee shall use such proceeds actually recovered by it in a 8 manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 7.07 shall be in addition to, and not in limitation of, any rights they may have by law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. ARTICLE EIGHT MISCELLANEOUS 8.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 8.02 Amendment This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170 (h). The parties agree to amend the provisions of this Easement in such manner as may be indicated by the Internal Revenue Service, as a result of final determination after audit of the federal income tax return of the Grantor, to entitle the Grantor to the charitable deduction described in I.R.C. Section 170 (h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This Easement can be terminated or modified only in accordance with the common and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain of the restrictions contained in this Easement. To this end, Grantee and Grantor shall mutually have the right, in their sole discretion, to agree to amendments to this Easement which are not inconsistent with the basic purposes of this Easement set forth in the Introduction hereof; provided, however, that Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid Conservation Easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, any regulation issued pursuant thereto, or Section 170(h) of the Internal Revenue Code governing "Qualified Conservation Contributions." The parties acknowledge the boundaries of the Open Area and the Development Areas may have to be adjusted to accommodate the Town of Southold at such time that the Property is subdivided as provided herein, and the parties agree to cooperate in such boundary line adjustments as may be necessary, provided said adjustments would not result in diminution of the Open Area or an increase in the number of lots or primary structures to be developed by the Grantor. 8.03 Severability Any provision of this Easement, restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement which is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 8.04 Notice All notices required by this Easement must be written. Notices shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 8.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the President, or to such other address as Grantee may designate by notice in accordance with this Section 8.04. Notice shall be deemed 9 i r given and received as of the date of its manual delivery or the date of its mailing. 8.05 Governing Law New York law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, Interpretation, breach, violation and performance. 8.06 InterDr tation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision Invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement as intended by Grantor. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply In the construction or interpretation of this Easement, and, this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by Grantor. The parties Intend that this Easement, which Is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 8.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property. 8.08 Warranties The warranties and representation made by the parties in this Easement shall survive its execution. 8.09 Recording M Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 8.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Conservation Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: rpt BAYVIEW/SOUTH HARBOR LIMITED PARTNERSHIP (Grantor) B Y :Michael Croteau (Grantor) General Partner ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST(Grantee) BY: v.W.. LI __ h v.H. Halsey Its President 10 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: .r - On thisa day of September, 1994, before me personally appeared) Michael Croteau, who, being by me duly sworn, said that he resides at 1450 South Harbor Road, Southold, New York, 11971 Grantor mentioned and described in, and who executed the foregoing Instrument, and he duly acknowledged to me that he executed the same . Notary Public ` H LENE O.HORNS" Notary Publi ,State of Now York No.4951364 Qualified in Suffolk County Commission Expires May 22, 1 STATE OF NEW YORK COUNTY OF'SUFFOLK ) SS.: 41— On thi C � day of September, 1994, before meersonall appeared JOHN v P Y PP .H. HALSEY, who, being by me duly sworn, said that he resides at 469 Majors Path, Town of Southampton, New York, that he is President of PECONIC LAND TRUST, INCORPORATED,the Grantee mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein; and that he signed his name thereto by authority of the So of Directors th said Co oration. Notary Public Nota PuW' T1 Ex L Stft EXHIBIT A: Metes and Bounds Description of the Property. EXHIBIT B: Metes and Bounds Description of the Open Area. EXHIBIT C: Metes and Bounds Description of the Development Area 1. EXHIBIT D: Metes and Bounds Description of the Development Area 2. e, ;r w ,;rf4 September 27 , 1994 Bayview South Harbor Limited Partnership Surveyor's Description - "Property" Subdivision Perimeter ALL that certain plot, piece or parcel of land, with the buildings and . improvements thereon erected, situate, lying and being at Southold, Town of' Southold, County of Suffolk, and State of New York, know and designated. as. "Minor Subdivision - Bayview South Harbor Limited Partnership" , more particularly bounded and described as follows: BEGINNING ata point on the westerly- side of Main Bayview Road, at the northeasterly corner of land now or formerly. Southold Fire District, said point being situate North 00 deg. 13 min. 00 sec. East 217 . 25 feet as measured along the westerly side of Main Bayview Road from the intersection of the northerly side of Baywater Avenue (also known as Freeman's Lane) and the westerly side of Main Bayview Road; RUNNING thence from said point of beginning along land now or formerly Southold Fire District the following three (3) courses and distances: 1. South 73 deg. 38 min. 20 sec. West 500. 50 feet, 2 . North 08 deg. 20 min. 40 sec. West 50 . 00 feet, 3 . South 72 deg. 32 min. 50 sec. West 200. 00 feet to the easterly side of South, Harbor Road; RUNNING thence North 08 deg. 20 min. 401sec. West along the easterly side of South Harbor Road 814 . 80 feet to land now or formerly Frank Buonaiuto; RUNNING thence North 79 deg. 22..min. 10 sec. East along land now or formerly .Frank Buonaiuto and along-` the southerly- boundary of Subdivision "South Harbor Homes" , Suffolk County File No. 4096, 1214 . 82 feet to the westerly side of Main Bayview Road; RUNNING* thence South 20- deg . 45 min. 00 sec. West along the westerly side of Main Bayview Road ,301. 66 feet to land now Or formerly George A. Stepnoski; RUNNING thence along ,land now or formerly George A. Stepnoski the following three (3) course and distances: 1.' South 84 deg. 45 min. 00 sec. West 173 . 00 feet, 2 . South 02 deg. 27 min. 00 sec. West 85. 00 -feet-, 3 . . North 88 deg. 26 min. 00 sec. East 129 . 00. . feet to the westerly w side .of Ma`i°n° Bayview Read; 1 .RUNNING thence along the westerly fide of Maih Bayvlew- Road the following two (2) courses and distances: " .: ' South 26' deg. 31 min. 00 sec. West 132 . 91 feet; 2 .'. ,' South 25 deg. 50 min. 20 sec. West 422 . 81 feet to land now or formerly, Southold ` Fire District and the point or place of BEGINNING. Containing' an area' '-,-Ofi°x : 54" 3 os. Frame Building c.1895 wood frame,cedar shingle siding,cedar roof. 629 sq.ft. (Renovated 1994) 1 •lY IL r� F it =-.. 1 b-064`f� MI - F i � _ •�` � e ... +-�.. � _ �ti EAST Elevation . j. w01 p N Cis _ft,e a ME-M Room HE E i, SOUTH Elevation NORTH Elevation Frame Building - "carriage Bam" c.1895 wood frame,cedar and vertical pine siding,cedar roof. 17r 71 Y • NORTH EIEvaiian ilJ/1 � •'fi! � it Y 1 - r" Emmons 4 MIFF■Ei EAST Elevation WEST Elevation Frame Barn #2 c.1749- Oak Post & Beam,cedar shingle siding,tin shingle roof. 1 183 sq.ft. (Restored 2010-present) - w 4Jt7t _ L 1 1f rl qrT Amit z NORTH Elevation Y� r Ike • 4 y. . EAST Elevation WEST Elevation 11 �I r K� NIL li At A� �.�Y f�1J�ry _ -1LL•� � -tea. -. _.^�. ___ 7 2 Jl•.r �_� y. y a � i r . . 4 1 T' NORTHEAST - • Primary Residence- :88 wood frame, cedar shingle siding, cedar, • - roof. 2,052 •.ft. (Renovated .. lop AM— EAST Elevation Y ' F . Y. •�i ]rf+ ` - .rte -_ � - /• .�^y-, • . i' r'''+• r' a. n lk k 0 rr r � •�1� O �MIIJ CA uj 4- , um ri a w 3 Al,� c r W 936 LU LU ru m LU ui •• , YY Z Z Z Y Y LLJ LLL ..> LL u m D w Qla NO �i LL o LU 31) 4-1 LU y ; .� C 10 D D VMtl 0 C e N D Z Z tla � ,�, D N _ J ✓ @� Q I, J +- r �' _ O N p O O ,1m 3 3 3 a O x x �c T �"P i p g p r 71, p n k w I � I�� µ I J w H N ww� A� t w P S, I� m m M m 0 m CD CD y U ° En O �pN r roll Vill j -r F 7 h n qp O O p -g �. O O D O A x _. Z5 ur O,, p'k En jd� 'f7 TI � f OO ..... �..... . ------------- �.. a A.� ... �rt h .. �. �. k f n................. � ... _ T -�- ..