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Home My WebLink About1000-51.-2-7 i SUFFOLK COUNTY DEPARTMENT OF HEAL TH SERVICES DA TE A UPPAUGE, 8 2005 AP •GI- 4 THIS IS TO CERTIFY TH=H"A AT �HE PROPOSED REAL TY SUBDIVISION OR �- 1N THE n D VELOP��MMENT F R111 - a_u( C,A TOTAL OFF LOTS' WAS APPROVED ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE DISPOSAL FACILITIES MUST CONFORM TO CONSTRUCTION STANIDARDS /N EFFECT A T THE TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARA TE or PERMITS PURSUANT TO THOSE STANDARDS. THIS APPROVAL SHALL BE VALID ONL Y IF THE REAL TY SUBDIVISION /DEVELOPMENT MAP /S DUL Y FILED W/TH THE COUNTY CLERK WITHIN ONE YEAR OF THIS DA TE. CONSENT IS HEREBY GIVEN FOR THE FILING OF THIS' MAP ON WHICH WELL lao'• " / cr+a►�0N"�r `�S THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN I CESSPOOL 130y �' �asPoo� lea --- A CCORDANCE WITH PROVISIONS OF THE PUBLIC HEAL TH LAW AND THE K COUNTY SANITARY CODE. o� ` �c � -'�' � ' � VACAN "� � `� o RIGHT p E l F W Y �j11 SUFFOLK �y�, , 60 / f 788.81'7DEED)- - - - -- DlR DIVISION-OF-ENVIRIONMENTAL OUALITY ( MT / BEULAH , � �'J � A VENUE — PR0PoSo DRIVEWAY LOCATIONS �1+787.84' j A �v'aF. S. l'S6'40" E. i �_ , \ 70' 305.41' / SUBJECT TO COVENANTS & RESTRICTIONS LIBERt Z3"� /�., ","�1; -'` , .. p IO7?.7/' \\ ��\ \\ T.H. \ l 11l PAGE_ � "' -- yz ' "� `�° to \\� \\ \ ol,. o� `_' — cL- -- o \ / o .o o l 4�-O N prop rrococP. Q— Q I �,p rvti -- y 9 i \ SePf'� �1 I �O QO fi p5T /prop y Q• O < < / W V' Z I \ \ 2n \ sysf�M OO rg° \ Sepbr � \Q). -- - * O 1 \ \ N o o sysre �\ KEY MAP �'UBD/VlS/ON PLA iT WAS MADE FROM y ^' \ W \ I HEREBY CERTIFY THAT THIS .> R,4^ ACTUAL SURVEYS COMPLETED 4/OZ/G3 r THAT AiLL MONUMENTS `� � � ��c- Z 11 1 OZ~ �\ \ \ \ O - N I Q SHOWN THUSf L' CTUALL Y EXIST AND. THEIR POSITIONS ARE CORRECTLY: - - ° - _ \ Pr�� '�' ^CF1Q ��= F)OO� SHOWN AND AL IMENS,ONAL AND GEODETIC DETAILS ARE CORRECT. \ ��' �_... ��\ I o � �, � \ i WQ 11 I CD -� Co I 305.41' — 101.21'\ WI `r•S. L.S. LIC. NO. 49618 Q> I I / ' \ I \� / .h� Q` j \\ / A� W W_"W �� /I l/ N. 1'56'40' W. \1 4os.62' 1 NV9"O +` + /1 AZ O THIS IS TO CERTIFY THAT THE SUBDIVISION PLAT T HAS BEEN APPROVED / 1 / p N �'/O• B Y THE PLANNING BOARD OF THE TOWN OF SOUTHOLD B Y RESOL UT ION / o� Q W p N Ni oo" OF APPROVAL DATED ~ ,- ' / \ O Z BY m�}7 _' CHAIRMAN PLANNING BOARD ' \'J \ \� N t� 9 o> p \\ A9. • r \\\ , \\\ 7,>q WELL CAP 'go gal. PROM tY Lm 1e- STORAGE — — —— — WELL �� TANKto 1 • % "� \ \ ti 4r HOUSE 100* TEST I I/t'AL M rvt _ WA TER i i�r, ADAr TQR 1' /1 \ 9 i ' b ' GROW — — saenur A rvic 1500.00 1 � SEPTIC TAMP �-s __m ,' I x `\ o FINAL PLA T — Kl. SMMME - ~� 0 \• Rh Pr �l �� l � ,_ _ _ ,, - .hti CL US TER COf�ISER�A TIOi' SUBDIVISION a �r t!F� J'STAP"W S•= sa'R.�7V �cl ; I ,30• W, we N // ,`� ,�,. p � a�b o I N• 1424 I ' 1' � ?• ED V1/AR FOR $ o 'S t D C• BOO TH & PA TRICIA S• BOO TH WELL DETAILS I �� — — NI �, �' AT SOUTHOLD to ,.P �� TOWN OF--SOUTHOLDTYPrvAL PLOT PLAN �, oc I �6o•0g I, 2 or 3 Pool Septic Syslemy Depending / o Q i �1 _ __ 20 66. T �I)EE , 3', o� SUFFOLK COUNTY N Y. on the depth to ground water .\ �� w O fb6`� I�^� _ I �� WAY I26?•0 1000 — 51 — 02 -- 07 & 08 I H BY CE TIFY T THE WATER SUPPLY(S) ,AND/OR SEWAGE DISPOSAL SYSTEM(S) FOR THIS PROJECT o� -- L, i' / ; z s m3 RIGHT,: of SCALE' 1�� = 100� SLED UPON A CAREFUL AND THROUGH STUDY OF N i C° w M ° C Z 0. \ o fs ao IOOa 200 WE SIGNED BY ME DER MY' DIRECTION. BA N ' THE OIL, I ANO GRO DWATER CONDITIONS ALL LOTS AS PROPOSED CONFORM TO THE SUFFOLK COUNTY �' MCI 500.00 \ DEPA ME HEALTH RVICES CON TRUC�/O)N STANDARDS IN FFECT AS OF THIS DATE. D ,� JU P� 2� 2003 , 3( revision'', . A�� _ OCT. 7, 2003 ( revlslon 1 \ :c* `• I ht Way `\"� VACANT !A OCT 289,2004 (revisions) hole ) JOSEPH �' Yw I '�j, P.�.;}:G,*a 0. 052510 A� �• o `ee �, r � j 5' RI9 --300.00 W' p0 � - I A.24'30M � � � DEC. 20, 2004 (additional J f �• \ N. R l TEST HOLE EL. 25 FEB. 9 2005 (REVISIONS) Wo - - MARCH 30„ 2005 (Revisions) > M N101F Dark brown May 27, 2005 (revisions) S loam OL CONTOUR LINES ARE REFERENCED TON•V' - I FIVE EASTERN TOWNS TOPOGRAPHIC MAP t_ E}�h ELLIS gppRO�V �1�•G' & ` Brown silly 1 CESSPOOL cloy 150• CL T® �►i��6oaa ®AtE , N��sa Q JUN OLD Water In o) brown •1��oo� ' silly clay NUMBER OF L 0 TS = 3 CL 15' ZONING DISTRICT AC SCHOOL DISTRICT SOUTHOLD FIRE DISTRICT SOUTHOLD Water n in to coarse CERTIFIED TO: sand sw TOTAL AREA = 28.36�7 €crQs AOUE•BOGJE ABSTRACT CO. i 21' NORTH FORK BANK Tesl Hole by McDonald TOWN OF SOUTHOLD ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION LAND AMERICA COMMONWEALTH Geoscience OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209 - SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COP)-'S THEREOF ONLY IF SAID MAP OR COPIES BEAR THE 0FRESSED SEAL OF THE SURIVEYOR OWNER: WHOSE SIGNATURE APPEARS HEREON. EDWARD C. BOOTH 8 PATRICIA S. BOOTH PECONIC SURVEYORS, P.C. ADDITIONALLY TO COMPLY WITH SAID LAW TERM ' ALTERED E:' ' 17235 SOUNOV/EW AVENUE 3 l79 MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY SOUTHOLD, N.Y. 11971 P. 0. BOX 90920 FAX (63I) 765 - OF ANOTHER SURVEYOR'S MAP. TERMS SUCH 'INSPECTED ' AMID 1230 TRAVELER STREET ' BROUGHT - TO - DATE ' ARE NOT /N COMPLIANCE WITH THE LAW. SOUTHOLD, N.Y. II9 / t 03 — 172 191WA , r A �`.. APB c AT...AAa ,. AA A Are Mar raa r rr AAA Ac wa:a a 4 p/ �' FdMS'A AAWNW wr AAk'MAApm rw A 8'dM1r Add!'p'. V � � meW+ � �y d' ,.,._„,..,.. .....,,� "^"'m.,,..✓"'"� � „�,w:.. WlM e �+ry x" 'aaArAr . ::� of A x�uc�r�z � iv11 11A ,.� ,,..,�..,... ..�d.�.�..» -�^ �,...,,_._...�,,..�..,.�.,.....»._.,,w� -..^.��,...�,.....�,._,,,,,,�,...�-.,�...,_.....�, n OaMACF1"A" QG4A4L. f� ,».,.. �, ,w R � d Rk°I! 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A�6'CL CaMN"pr V V' 6 p r ,..�.... ` .� '"�" ,,,„� d �,•' wo ,w,•^' V 'N,. _,....�,, � 1N 4;A' '4hhh", "'ptl" { ED JUL �y�yg eA��AamM+rwc .." ,�.�.....,M d� .,,.w�•g, OO ft YAW F A'ALr N'"'"# "" y fiLC/5`71"!it :"stVi47"Y1.5" 1✓/5`K7/W�.�mrr �,._� � �� ?� �.�.. ��.,.Y.- r� "�w�� AAA '" .,.... ,A✓ FCAR TOWN OF SOU7`HOLD TY�°1C.AL R�t7'1'PLAN � A f' a p SLtFFCKK CC7UNTY N Y AA r^, rm THAT aA wrAr r aaa .rev .� ..„, .�, ,r '" NDtAp - !fit- 0 _. '7&ft, N (' r A AAp a.cAAr AsAs cr'r DATE, .,, Y�OgW A C r � .xa ar AAr cr a� w ,. T'7fM NC:&,C,`a M0.B71"�L,'4MP41 .... ,. '"•'.A aA^ '' w. •.« GK`7'T 1'O:aA r w.aa mA a A� m„ AM 20,200 dompw AAA1 kC ¢,Fu R� ' xAAr wAAA AM.Am.. A ................ A rcm k.0,,"AOO+W er�NvwaoA e rraA �A saw PdMwvaAlua�wr F a»wwm met er, drMwpMMp a ar 4AWS AO W AVIA9z CAA ,W ' ter t f'dM1Pp'i CAST OW TOWNS AW ^ . tea* a to"coo NUMBER OF d.C'C's 3 °w?r^dRNo!,n 9AASrRCT AC Ft RC tarsMr""A" CrOU7'''OLD ��w araAraN°�Aa raM �°""""" AMA TOTAL AREA ».'7 $84T act" A Cl roll aw AAAa'wrm a Aw aA 160 rA PAw A MAA M NNW I aA�{x rmAa nVirmax A c, AL rH CAM Anna s A wed "MAW C A'*rif A AAFMC"11A�I 6' IA' dt�' Ate`-OGu�!O P'ANX CgP'O!'A P"VA;A w d�K77" O rrA.a rApw�,rovq K�da "e, As,,M MhMp°� .�4.avF'MevaOLa Mw,r„ AaAX, a low, dP aS'arQ;OA."',w9K rA a' r PAard MAILING ADDRESS: 4 PLANNING BOARD MEMBEasm, \& SO P.O. Box 1179 JERILYN B.WOODHOUSE �QV' �� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS �p 54375 State Route 25 MARTIN H.SIDOR Oly (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON Irou ��+ Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 14, 2005 Ms. Marian Sumner c/o Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Proposed Lot Line-Change & Cluster Conservation Subdivision of Edward Booth Located n/o CR 48, w/o Mt. Beulah Ave. and s/o Sound View Ave., in Southold SCTM#1000-51-2-7 & 8 Zoning District: A-C Dear Ms. Sumner: The Southold Town Planning Board, at a meeting held on Monday, June 13, 2005, adopted the following resolution: WHEREAS, this proposal, which includes the merger of SCTM#1000-51-2-7 with SCTM#1000-51-2-8, is for a cluster conservation subdivision to subdivide a 28.36-acre parcel into three lots where Lot 2 equals 1.5 acres; Lot 3 equals 2 acres; and Lot 1 equals 24.8647 acres upon which the Development Rights on 21.8647 acres are proposed to be sold to the Town of Southold; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval on October 14, 2003 on the plat dated June 20, 2003; and WHEREAS, on May 9, 2005, the Southold Town Planning Board granted conditional final approval upon the plat prepared by Peconic Surveyors, PC, dated June 20, 2003 and last revised on March 30, 2005; and WHEREAS, the applicant has filed a Declaration of Covenants and Restrictions with the Suffolk County Clerk's Office; and WHEREAS, the applicant has paid the Park and Playground Fee of$3,500; and WHEREAS, the applicant has submitted 5 mylars and 8 paper prints of the final plat with the Health Department stamp of approval; and c. Booth Conservation Subdivision — Page Two — 6/14/05 WHEREAS, the Southold Town Planning Board finds that all of the conditions of conditional final approval have been met; be it therefore RESOLVED, that the Planning Board grants final approval upon the plat prepared by Peconic Surveyors, PC, dated June 20, 2003 and last revised on March 30, 2005, and authorizes the Chairperson to endorse the maps. Enclosed please find a copy of the map that was endorsed by the Chairperson. The mylar maps, which were also endorsed by the Chairperson, must be picked up at this office and filed in the Office of the County Clerk. Any plat not so filed or recorded within sixty-two (62) days of the date of final approval shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, erilyn B. oodhouse Chairperson encl. cc: Melissa Spiro, Land Preservation Coordinator Tax Assessors Building Department { a 7 I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII IIIIII IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 06/13/2005 Number of Pages: 4 At: 10 :25 :50 AM Receipt Number : 05-0062521 LIBER: D00012391 PAGE: 939 District: Section: Block: Lot: 1000 051. 00 02 .00 007. 000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $12 . 00 NO Handling $5.00 NO COE $5 . 00 NO NYS SRCHG $15. 00 NO TP-584 $0 . 00 NO Notation $0 .00 NO Cert.Copies $5 . 00 NO RPT $50 . 00 NO SCTM $0 . 00 NO Fees Paid $92 .00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County x.a sa 4..rss, iy, C$b.Y.ov ytt t Y ri 3'd ,q'Y}ayh^ +f3 fz,{4'y ,y d'` t { !i £ X '` ✓ - r - `' t'�>"+ `f `ta j�P GS t ....: 4 xtt ed^,aa2 A`' reXj ' ✓ i ✓t `z s•�'o t >a +v<r a "t. r.;c I i , iS 0 , s.✓ f rP'. r 'i EC'LAR T:L0,N OF C�OV,ENANTS &REST"RIC,TIO'NS , � ti i r t THIS DECLARATION is made this It,,. ay da of 2005 b Edward C. Booth and Patricia S. :. . , Y . Booth residing at 175235 Soundview Avenue,Sou old,NY 11971,hereinafter referred to'as I the DECLARANTS, WITN.ESSETH: WHEREAS, the DECLARANTS are the owners of certain real roperty situate on the South side p . Of Soundview.Avenue,the_West side of Mt. Beulah Avenue-and the North side of Old North Road, Town of Southold, Suffolk County,New York,more part icularly,bounded and described m Schedule "A"'attached hereto (hereinafter referred to as the Property),'and WHEREAS,the DECLARANTS have made an application for and have received conditional approval„from the Plaiuung`Boar,.of the Town of Southold to implement a conservation"subdivision, as shown on the Final Plat Cluster Conservation Subdivision for Booth`prepared by Peconic Surveyors,P.C. last dated May27,2005 which will simultaneously be filed in the Office of the Suffolk County Clerk;Wand WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective.owners of said lots that the within Covenants and Restrictions be imposed on said lots`1 and 2, and 3, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office;and WHEREAS, the DECLARANTS have considered the foregoing and have determined that the same will be for the best interests of the DECLARANTS and subsequent owners of said parcels; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANTS, for the purpose of carrying out the intentions above expressed, do hereby make known, admit,publish;covenant and agree,that the said lots within said subdivision map shall hereafter be subject to the following-covenants and restrictions as herein cited,which shall run with the land and shall.be binding upon all purchasers, lot owners and holders of said Property;their heirs, executors, administrators,legal representatives, distributees, successors and assigns, to wit: 1) Access to the 3-acre building area on Lot 1 shall be from the existing 20'-wide right-of-way from North Road and a 25'-wide right-of-way from Sound View Avenue. 2) Access to Lots 2 and 3 shall be from Mt. Beulah Avenue. If any section, subsection,paragraph, clause,phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or he to be unconstitutional, the same"shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the'land and„shall be binding upon the DECLARANTS and their successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed,modified, terminated, revoked, annulled, or YkR3��'Ji � r 'r v7 } 7 .-..M d-rerkt12th r . . f amended by subsequent of s of the Property unless and unt ap ;d by a ma y wA �s kx : r .. H _. d P Jonty plus one ti � x , �nr vote oft he PlanrungBoard ofthe Town of Southold or its successors after a pubhe hearing WITNESS,WHEREOF,the DECLARANTS above named have executed the w nl foregoing nsti ument the day and year first^wntten above r By :Edward C Bootbb th By•'Patricia.S Booth _ STATE OF NEW YORK) ss.. - COUNTY OF SUFFOLK) On the ILL,� da of the ear 2005 before me the undersigned,personally Y: Y . �P Y appeared Edward C Booth,person y known to me or roved to me on the basis of P satisfactory evidence t6 the'individual whose name is subscribed to the within instrument and acknowledged to me that he`executed the`same in his capacity, an that by his signature on the instrument,,the individual, or the person upon behalf of which the individual acted, executed the instrument. +(SAIL L.ASSETTO r%47 WubMa,State of New York Mg.01Aw022548 Not Public: State of New York COU �. yu,� i STATE OF NEW YORK) ss.. q`pTATE OF NEW YORK SS: �MNTY OF SUFFOLK I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY TH T I HAVE COMPARED THE NEXED COPY OF �bEED LIBER o�� AT PAGE RECORDED `� c? AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATI N AD OF THE WHOLE 1HEREOF. IN TESTIMONY WHEREOF, I HAVE H EUNTO SE nHAND AND AFFII�C(ED HE SEAL OF SAID COUNTY AND COURT THIS DAY OF �Yi4tc�.L. CLERK _ 12-0169.12l97cg s -nit x > ? ¢ {� Title No: RH04301955 1, r; ALL that certain pilot, piece or parcel,of land, situate,lymg,and being"at Southold, in the Town of:Southold, County of Suffol brid State of New York; bounded and described as follows: - y , BEGINNING at the corner formed,by the intersection`of.the southerly side of Sound View Avenue and the westerly side of Mt Beulah Avenue, • RUNNING THENCE South 01 degree 56 minutes 40 seconds East along said westerly side of Mt. Beulah Avenue, 1787 84 feet to the northerly side of North (C.R. 27) Road; RUNNING THENCE North 70 degrees 52. minutes 00 seconds West along the northerly side of,North.(C.R. 27) Road, 310.22 feet to"a concrete monument and land now or formerly of Booth; ; :RUNNING THENCE along said land now or formerly of Booth the following three(3) courses and distances: 1 North 19.degrees 08 minutes 00 seconds East, 210..00 feet to a concrete monument; - 2. North 86 degrees 17 minutes 20.seconds West, 150.42 feet to a concrete monument; and 3 South 19 degrees 08 minutes 00 seconds West, 170.00 feet to a concrete monument on the northerly side of North (C. R.27) Road; :•RUNNING THENCE North 70 degrees 52 minutes 00 seconds West along the northerly side of North (C.R. 27). Road.'300.82 feet to land now or formerly of R. J. & H. Donopria; -RUNNING THENCE North 14 degrees 24 minutes 30 seconds West along said last mentioned land and later along land now or formerly of H. V. Miepus.&M. G. Ellis,1266.03 feet to the southerly side of Sound View :':A venue, RUNNING THENCE North 73 degrees 27 minutes 30 seconds East along the southerly side of Sound View _ :Avenue, 885.26 feet; .. RUNNING THENCE North 63 degrees 09 minutes 00 seconds still along said southerly side of Sound View -Avenue,.134.52 feet to the corner at.the point or place of BEGINNING. Certificate of Title Submission Without a Cover Letter Sender: Subject: C SCTM#: 1000 - Date: Comments: w;I �^ '1i JUN - 8 2005 �t Southold To'Jm Plznn+n4y.gna•� Submission Without a Cover Letter fi-r r Sender: YH-x'V Subject: Sl ff nn d ms. SCTM#: 1000 - �r d—S/ Date: I Comments: Va o2vi wa VLT MAY 2 6 2005 _ . . COMPLETE TkI&tEdTION ON DELIVERY F-A. Sl tu,■ Complete items 1;2,and 3.Also complete �� -- �item 4 if Restricted Delivery is desired. Agent■ Print your name.and address on the reverse ❑Addresseeso that we'-dan-retu'm the card to you. . eived by(Printed Name) C. Dat of live ■ Attach this card to the back of the mailpiece, d or on the front if space permits. Ye D. Is delivery address different from item 1? 1. Article Addressed to: If YES,en ss below: �;.No Ea-ad- AV/ - �r 3: Service e�,� i 4j5Certifie - I ss Mail ,y, ❑ Registered Return Receipt forJNe�c'ifi8ndise _{ ❑Insured Mail ❑C.O.D. t i� E 4. Restricted Deliverv?(Extra Fee) ❑Yes I I 2:.Artli i i q i(r-r3 I p$FO 102595-02-M-1540 -D—Iss elivery address ditter�ni�rom�e W:- O�o 1. Article Addressed to: If YES e�nttb def ve address below: 0 No An g 3. Semi =Type70b�S�3 ,(S$&!Vie Express Mail 4 ❑Registered--!"' Cl Return Receipt for Merchandise, j I ❑Insured Mail ElC.O.D. 1 4, Restricted Delivery?(Extra Fee) ❑Yes I _ 2. Article Number ;, ;Rp'' 3 3110 0005 8530 3063 I i(rrahsfer fromserv)ce label)I' i 102595-02-M-1540 I PS Form 3811, February 2004 Dor estic Return Receipt T, N E W HAM I 3.,S rvice T)pe� m4,4•1,�� "V�cl—� ertlfied Mail ❑ Express Mail �( A ft�iste� ❑,Return Receipt for Merchandise (nvl��"r LJ Insured_ ail ❑C.O.D. " _ -- -- 4. RestrictedrD livery?(Extra Fee) ❑Yes 2: Article Number i (rTnsfer from service label) i c; l 71 0 3 3110 0 0 0 5,;_;8 5 3 0 3025 t Dc'fnestic Return Receipt 102595-02-M-1540 PS Form 3811,February 2004 p, I I---r-rvnclejaarassed-to: s�� o� a�an�amerenMrn�t6M—,j7�Yes N If YES, nter dellyery address below: `ET10 ` MAY 6 9 20 IP A)a•` M,nGkt.(— "L(� l.L` �� •lam- C�• 3. Service Typ S - 3 � C I_6 -certified Mail -rss Mail C ILL e ya�r, v ❑Registered ❑Return Receipt for Merchandise ' ❑Insure ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Nurritier r (Transfer from'seivrce raven 7 00 4 13 5:0 0 0 04 68.4&:�.6 4 8 PS Form 3811,!Fe'bruary 20 : Dofnesfic-Retum Receipt 102595-02-M-1540 PECONIC LAND 'I' Ri '�\AAM�° Ln USPOSTd6E POST OFFICE BOX 17761 SOUTHAMPTON NEW Ye O O o Nit s � •I .28.05 Z o 0 4.4 z C( t 7004 1160 .0004 4573 4�4- NY � POSy�LIA319234 1� ry lJ� �, •�s ' E APR 2 10 err o� Barbary s ` ' . - _ Michael e`r o v wA venueSuY 17665 I . 11 South W J 1271 E _ � rn iL=ESTE A `SENDER:COMPLETE'THIS SECTION COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A—Signature item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse 0 Addressee so that we can return the card to you. B. Received by(,Printed Name) C. Date of Delivery j ■ Attach this card to the back of the mailpiece, of on the front if space permits: D. Is delivery address different from item 1? ❑Yes 1, Article Addressed to: If YES,enter delivery address below: ❑ No Cat -rif{- f lVl!) �1NQcicy i FU 3. Service Type �-Certified Mail. ❑Express.Mail ❑Registered. ❑ Retum'Receipt for Merchandise. . ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2_Article_ mbbr___ . - - 4 1350 0004 8840 0594 1 IF" orm a 'Domestic Return Receipt 102595-02-M-1540 05/10/2005 23:11 6312040711 PECONIC LAND TRUST PAGE 02 DECLA,,RA'-,�"IN OF COVENANTS & REc ICTIONS THIS D]EC.LA.RATION is made this_clay of ___,2005 by.Edward C.Booth and Patricia S. Booth.residing at 175235 Soundview Avenue, Southold,NY 11971,hereinafter referred to as the DECLARANTS; WITNESSETH: WHEREAS,the DECLARANTS are the owners of certain real property situate on the South side of Soundview Avenue,the West side of M,t_Beulah Avenue and the North side of Old North Road,Town.of.Southold,Suffolk County,New York,more particularly bounded and described in Schedule"A" attached hereto(hereinafter referred to as the Property)., and WHEREAS,the DECLARANTS have made an application for and have received conditional approval,from the Planning Board of the Town of Southold to implement a conservation subdivision, as shown on. the Final Plat Cluster Conservation Subdivision for Booth prepared by Peconic Surveyors,P.C. last dated __, 2005 which will simultaneously be filed.in the Office of the Suffollt County C1crk; and WHEREAS, for and in consideration of the granting of said approval,the Planning Board of the Town of.Southold has deemed it to be in the best interests of the Town of Southold W14 the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and.2,and 3;and as a condition of said.approval., said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office;and WHEREAS,the DECLARANTS have considered the foregoing and have determined that the same will be for the best interests of the DECLARANTS and subsequent owners of said.parcels; NOW,THEREFORE,THIS DECLARATION WITNE5SETH: That the DECLARANTS,for the purpose of carrying out th.e intentions above expressed,do hereby make know..., admit,publish,covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restri.cti.on.s as herein cited,which shall run with the land and shall be binding upon all purchasers,lot owners and holders of,said Property,their boirs, executors, administratorsS legal representatives,distributees,successors and assigns, to wit: a) T access to the 3-acre building area on Lot 1 shall be aerxsed from the existing 207-wide right-of-way, and D 2) a accessr Lots 2 and 3 shallbe from Mt. Beulah Avenue. These rove. is and restri tiori.s shall uu with t land andeetallbe .nding up n the DECLAR NTS,theirsu ssors azz assigns, d.upon alYprsons en.tities lairtri g wider ��J them, an may be term.ii ted,revo. d or ame ded by tlae�owner of a Prope y onl. with the written onsent of the T wn. t ( If any section,subsection,paragraph, clause,phrase or provision of these covenants and restrictions shall,by a Court ofcoirpeteiit jurisdiction,be adjudged illegal, unIarvfirl,invalid ore held to be unconstitutional,the sarne shall not affect the validity of these covenants as a whole or lai l- .Any othti T part or provision hcrcof other than the part so adjudged to be illegal, unlawful,invalid, or unconstitutional, �� 05/10/2005 23:11 6312040711 PECONIC LAND TRUST PAGE 03 The within Declaration i de subject to the provisions of all.laws rf-"' ,d by law or by their provisions to be incoTpo _. herein.and made a part hereof,as thou gl, 1)I')j;A That the within Declaration,shall run h.with the land and shall b n. 'gig Lion the DECLARANTS �� and their successors and assigns,and upon all persons or enti.tie'relaiming under them, and may not be annulled, waived,changed,modified,terminated,revoked,annulled, or amended by stubsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors,after a public hearing. IN WITNESS WHEREOF,the DECLARANTS above named have executed the foregoing instrument the day and year first written above. Br Edward.C. )Booth By:Patricia S.Booth STATE OF NEW YORK) ss.. COUNTY OF SUFFOL:K) on the day of the year 2005 before me,the undersigned,personally appeared Edward C.Booth,personally known to me or proved to me on the basis of satisfactory evidence to the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. Notary Public: State of New York STATE OF NEW YORK� COUNT TY OF SUFFOLK) On the day of the year 2005 before me,the undersigned,personally appeared.Patricia S.Booth,personally known to me or proved to me on the basis of,satisfactory evidence to the individual whose name is subscribed to the within,instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument,the individual, or the person upon behalf of which the in.d.ividual acted,executed the instrument. Notary Public: State of New York i June 24, 2004 DEVELOPMENT RIGHTS PURCHASEAND SALE AGREEMENT between Edward C. Booth, Patricia S. Booth, Edward C. Booth, Jr., Michael S. Booth and MargotW. Booth and Katherine B. Cohen and TOWN OF SOUTHOLD THIS AGREEMENT, made the)1-1- day of�, 204, between Edward C. Booth, Patricia S. Booth, Edward C. Booth, Jr. and Michael S. Booth, all residing at 17235 Soundview Avenue, Southold, New York 11971, and Margot W. Booth, residing at 3635 Old North Road, Southold, New York 11971, and Katherine B. Cohen, residing at 1313 Great Plain Avenue, Needham, Massachusetts 02492 (hereinafter collectively referred to as the "Seller") and the TOWN OF SOUTHOLD, a municipal corporation of the State of New York having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (hereinafter referred to as the "Purchaser'). WITNESSETH : 1. DESCRIPTION. The Seller agrees to sell and convey, and the Purchaser agrees to purchase the Development Rights, as hereinafter defined, in ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of.Suffolk, and State of New York 1 YT J S designated as SCTM# 1000-51-2-8 and 1000-51-2-7'(the "Property" or the "Premises"). The area and dimensions of the Property are, however, subject to such changes and modifications consistent with the area and dimensions as shown on a survey (see ¶7 herein) and final subdivision map (see ¶5 herein). The parties acknowledge that Seller seeks through subdivision approval to create one 25.1 acre lot, consisting of 22.1 acres subject to this Development Rights Purchase and Sale Agreement, and a 3.0 acre reserve area on the west side of the property. In addition, the parties acknowledge that seller is seeking to complete a lot line modification of SCTM# 1000-51-2-7 to create a 1.5 acre lot and a 2.0 acre set-off in the southeast corner of SCTM# 1000-51-2-8. . The proposed subdivision and lot line modification are shown on the survey dated prepared by Peconic Surveyors, P.C., attached and made a part hereof. 2. DEVELOPMENT RIGHTS DEFINED. "Development Rights" as the term is used in this Agreement shall mean the right to prohibit or restrict the use of the Property for anything other than open space as that term is defined in §247 of the General Municipal Law and/or agricultural production as that term is referenced in §247 of the New York General Municipal Law and/or defined in Chapter 25 of the Town Code of the Town of Southold (the "Town Code"). The Development Rights to be acquired by the Purchaser and the rights of the Sellers are further defined and are set forth 2 7 in the Grant of Development Rights Easement attached hereto as Exhibit "A" and made a part of this Agreement. The power and purpose of the Purchaser is limited to acquiring the Development Rights in lands presently used as open space and/or suitable for agricultural production, as described in the attached Exhibit"A". Purchaser reserves the right, upon obtaining a survey and inspecting the Premises in relation thereto, to hold a public hearing on the acquisition pursuant to §247 of the General Municipal Law. Such acquisition must be approved by an affirmative vote of the Town Board and the adoption of an appropriate resolution following a public hearing. If the Premises are not entirely used or suitable for open space and/or agricultural production, Purchaser may cancel this Agreement or, subject to Seller's further agreement, accept that portion of the premises which is suitable for open space and/or agricultural production, as herein defined, in which case the price will be adjusted in proportion to the area deemed suitable using the unit price as herein set forth. The Town of Southold Land Preservation Committee shall also approve the area from which the development rights will be acquired, such area to be shown on a survey obtained pursuant to 17• 3. `P,URC.HA1SE PRICE. The agreed purch e price is 7, 3( ( DOLLARS.for the 21.4 acres contemplated to be 3 rT 7� v4 encumbered under this Agreement, based upon a value of TnAVEN WEC� 03ri)coo DOLLARS per acre, and subject to a final survey of the premises (see ¶7 herein). Purchaser and Seller hereby agree that if the final survey shows that the total acreage of the premises is 2l IV941 different from the 24-.+ cre fi ure used b Purchaser in.determi ing the rr UZra a.V J Y1 L v\4 0 rJs 4�d purchase price o ANDdn ( 0r6G09:t@@J DOLLARS, the final purchase price will be -t l -- seuevl — jqo vSq adjusted at a rate of D AeB,rAA� �`3 7�Od d DOLLARS per acre for each additional or subtracted acre or portion G thereof. The purchase price shall be payable by Town of Southold to the Seller at the Closing. 4. CLOSING DATE/LOCATION. The Grant of Development Rights Easement is to be delivered on or about sixty (60) days of receipt of a title policy and environmental audit, in a form and substance acceptable to Purchaser, or the recording of the final subdivision map in the Office of the Suffolk County Clerk, whichever occurs later, unless Seller waives the subdivision contingency set forth herein. In the event the Seller waives the subdivision contingency, the Closing shall be take place within twenty (20) days of receipt by Purchaser's attorney of written notice of such waiver. The Closing shall take place at the office of the Town Attorney, Town Hall, 53095 Main Road, Southold, N.Y. 11971, or such other location within 4 j Suffolk County of Purchaser's choice, unless otherwise agreed in writing. The delivery to and acceptance of the Grant of Development Rights Easement by Purchaser, in form and substance acceptable to Purchaser, and the disbursement of the purchase price to Seller, and the execution of any other documents as may reasonably be required by Purchaser, Seller, or the title company shall constitute the "Closing." 5. SUBDIVISION CONTINGENCY. This Agreement is contingent upon Seller receiving approval to subdivide the subject SCTM# 1000-51-2-8 to create one 25.1 acre lot, consisting of 22.1 acres, and a 3.0 acre reserve area on the west side of the property and approval of a lot line modification of SCTM#1000-51-2-7 to create a 1.5 acre lot and a 2.0 acre set-off in the southeast corner of SCTM#1000-51-2-8. Nothing herein shall be construed to be an approval of the subdivision or lot line modification by the Planning Board of the Town of Southold or a waiver of any provisions of the Town Code. Furthermore, nothing herein shall be construed to be the Town's preference for a particular layout or design. Consistent with paragraphs 1 and 7 herein, the Property from which the Development Rights are to be acquired herein shall be based upon the area and dimensions as shown on the approved and filed subdivision map. Seller may waive this subdivision contingency and seek to close this matter upon written notice to Purchaser. In such an event, the area from which the Development Rights are to be acquired by 5 Purchaser shall be based upon the survey prepared in accordance with the provisions of 17 herein. 6. NO FURTHER SUBDIVISION. Subject to the subdivision approval contemplated in ¶5 above, the property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law, or with written consent of the Purchaser. 7. SURVEY. Purchaser and Seller will have the Property surveyed by a licensed land surveyor to determine the actual acreage of the area upon which the Development Rights are to be sold. The survey shall be based upon the area and dimensions as shown on the subdivision map prepared in accordance with 15 herein, unless Seller waives the subdivision contingency. The survey of the Property shall be paid by the Purchaser, at a cost not to exceed $5,000.00. The Seller shall be responsible for all other costs related to the surveying and mapping of the premises for subdivision purposes. 8. ENVIRONMENTAL INSPECTION. Purchaser may conduct an environmental inspection of the Property. If the Town chooses to conduct 6 such an inspection, the Purchaser's obligations under this agreement are subject to and conditioned on the receipt of a report verifying that there are no hazardous substances on or in the premises, including structures, or the presence of any other negative environmental conditions. The Seller shall have the right to remedy any defects raised by an environmental inspection, at his sole cost and expense, upon notice to the Town and within a reasonable period of time. In this event, Seller shall provide proof satisfactory to the Purchaser that such defects have been cured. If Seller elects not to remedy the defect(s), the Purchaser may cancel this Agreement and be reimbursed for the costs of title examination, survey and environmental inspection, with no further liability between the parties, or the Purchaser may proceed to closing. 9. FORM OF EASEMENT. The Grant of the Development Rights Easement to be executed by Sellers and delivered to Purchaser at the closing shall be in the form approved by the Town Attorney, or his designated representative, and shall be in substantially the form which is annexed hereto as Exhibit "A". The Grant of Development Rights Easement shall be duly executed and acknowledged so as to convey to the Purchaser the Development Rights of the Property, free of all liens.and encumbrances, except as herein stated, and shall be recorded in the Office of the Suffolk County Clerk. Purchaser shall be responsible for the 7 r recording fees in connection with the Grant of Development Rights Easement. If the Seller is a corporation, it will deliver to the Purchaser at the time of the delivery of the Grant of Development Rights Easement hereunder a resolution of its board of directors authorizing the sale and delivery of the Grant of Development Rights Easement, and a certificate by the secretary or assistant secretary of the corporation certifying such resolution and setting forth facts showing that the conveyance is in conformity with the requirements of §909 of the Business Corporation Law. The Grant of Development Rights Easement in such case shall contain a recital sufficient to establish compliance with said section. 10. INSURABLE TITLE. The Purchaser may make its determination of whether the Property is free from all encumbrances, except as set forth in ¶12, on the basis of its own examination of the title, or that of its agents, or a title report of a member company of the New York Board of Title Underwriters having offices in Suffolk County. The parties acknowledge that the property is subject to the rights of others for pass and repass. Purchaser may require the Seller to clear title exceptions raised to the satisfaction of the Purchaser, and if any is involved, the title company. In the event that the Seller is unable to convey the Grant of Development Rights Easement free from all encumbrances in accordance with the terms of this Agreement, Seller shall reimburse Purchaser for the 8 } r costs of the title examination, survey and environmental inspection, and this Agreement shall be considered canceled with neither party having any further obligation to the other. 11. ACCEPTABLE ENCUMBRANCES. The Seller shall convey and the Purchaser shall accept the Grant of Development Rights Easement subject to existing covenants and easements of record, any covenants or easements required by the Suffolk County Department of Health Services and the Southold Town Planning Board in connection with the subdivision of the Property. In the event the property is to be conveyed subject to a mortgage, Seller shall include and record with the Grant of Development Rights Easement the written consent of the mortgagee. The Grant of Development Rights Easement may also be conveyed subject to the assessment of.real property taxes, provided that at the time of Closing, all real property taxes are paid in full for the current tax (lien) year with no arrears. All other encumbrances, liens, assessments, charges, judgments, estates, taxes and other limitations shall be satisfied on or prior to Closing. 12. USE OF MONEY TO CLEAR TITLE. If at the date of closing there are any other liens or encumbrances which the Seller is obligated to pay and discharge, the Seller may use any portion of the balance of the purchase price to satisfy the same, provided the Seller shall simultaneously either deliver to the Purchaser at the Closing instruments in recordable form and sufficient to satisfy such liens and encumbrances of record 9 together with the cost of recording and filing said instruments. The Seller also agrees to provide duly executed Internal Revenue Service Form W-9 and to sign such proper vouchers for the closing check(s) as may be requested by the Town Fiscal Officer at least two (2) weeks prior to the date fixed for closing. The Purchaser, if request is made within a reasonable time prior to the date of closing title, agrees to provide at the closing separate checks as requested, aggregating the amount of the purchase price, to facilitate the satisfaction of any such liens and encumbrances shall not be deemed objections to title if the Seller shall comply with the foregoing requirements. 13. AFFIDAVITS AS TO JUDGMENTS. If a search of the title discloses judgments, bankruptcies or other returns against other persons having names the same or similar to that of the Seller, the Seller will, on request, deliver to the Purchaser an affidavit showing such judgment, bankruptcies or other returns are not against Seller, if such is the case. 14. OTHER DOCUMENTS AT CLOSING. Seller shall deliver at Closing: a) A certification stating that Seller is not a foreign person, which certification shall be in the form then required by FIRPTA. If Seller fails to deliver the aforesaid certification or if Purchaser is not entitled under FIRPTA to rely on such certification, Purchaser shall deduct and withhold from the purchase price a sum equal to 10% thereof (or any lesser amount permitted by law) and shall at 10 Closing remit the withheld amount with the required forms to the Internal Revenue Service. 15. SELLER'S REPRESENTATIONS. Seller represents that: a) the premises are agricultural lands formerly used for agricultural production as defined herein; b) at no time, to the Seller's knowledge, has the Property been used for the generation, storage, or disposal of hazardous substances, or as a landfill or other waste disposal site; c) there are no hazardous substances or toxic wastes in or on the Property that may affect the Property or any use thereof or that may support a claim or cause of action under common law or under any federal, state or local environmental statute, regulation, ordinance or any other environmental regulatory requirement, nor has any action been instituted for enforceTent of same; d) to the Seller's knowledge, there are currently no underground storage tanks on the Property, and none were located on the property; e) there are no actions, suits, claims or proceedings seeking money damages, injunctive relief, remedial action or any other remedy pending or threatened relating to a violation or non-compliance with any environmental law, or the disposal, discharge or release or solid wastes, pollutants or hazardous substances, or exposure to any chemical substances, noises or vibrations to the 11 5 I TI ' extent the same arise from the condition of the premises or Seller's ownership or use of the premises; f) no consent or approval is needed from any governmental agency for the transfer of the development rights from Seller to Purchaser, and neither the execution of this agreement, nor the closing of title, will violate any environmental law; g) from the date of this Agreement to Closing, Seller will not remove any soil from the property from which development rights will be sold. 16. INDEMNIFICATION. Seller will defend, indemnify, and hold harmless the Purchaser against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering fees and other costs and expenses which may arise out of 1) any inaccuracy or misrepresentation in any representation or warranty made by Seller in this agreement; 2) the breach or non-performance of any covenants required by this agreement to be performed by the Seller, either prior to or subsequent to the closing of title herein; or 3) any action, suit, claim, or proceeding seeking money damages injunctive relief, remedial action, or other remedy by reason of a violation or non-compliance with any environmental law, or the disposal or release of solid wastes, pollutants or hazardous substances, or exposure to any chemical substances, noises or vibrations to the extent they. arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of development rights. This paragraph 12 shall survive closing. 17. PUBLIC DISCLOSURE STATEMENT. The Seller, simultaneously with the execution and delivery of this Agreement, has also delivered the required verified public disclosure statement for filing with the Town Fiscal Officer. At the time of the closing, the Seller shall submit a sworn statement that there have been no changes in interest since the date of this Agreement. Any evidence of a conflict of interest or prohibited contractual relationship shall require approval of the contract and sale by the Supreme Court. 18. BROKER. The parties agree that no broker brought about this sale. 19. ENTIRE AGREEMENT. It is understood and agreed that all understandings and agreements had between the parties hereto are merged in this contract, which, with the exhibits, fully and completely expresses their agreement, and that the same is entered into after full investigation, neither party relying upon any statement or representation, not embodied in this contract, made by the other. 20. MODIFICATION. The Agreement may not be modified, changed or terminated orally. This Agreement may be modified or changed only with the prior written consent of both Seller and Purchaser in each instance and any purported modification or change made without such consent shall be void. 13 21. BINDING EFFECT. This Agreement shall apply to and bind the heirs, distributes, legal representatives, successors and permitted assigns of the respective parties. 22. DEFAULTS AND REMEDIES. If Seller defaults hereunder, Purchaser shall have such remedies as Purchaser shall be entitled to at law or in equity, including, but not limited to, specific performance. 23. PURCHASER'S LIEN. All money paid on account of this contract, and the reasonable expenses of examination of title to the Premises and of any survey, survey inspection and environmental audit charges, are hereby made liens on the Premises, but such liens shall not continue after default by Purchaser under this contract. 24. NOTICES. Any notice or other communication ("Notice") shall be in writing and either (a) sent by either of the parties hereto or by their respective attorneys who are hereby authorized to do so on their behalf by certified mail, postage prepaid, or (b) delivered in person or by overnight courier, with receipt acknowledged, to the respective addresses given in this contract for the party to whom the Notice is to be given, or to such other address as such party shall hereafter designate by Notice given to the other party or parties pursuant to this paragraph. Each Notice mailed shall be deemed given on the third business day following the date of mailing the same, except that each Notice delivered in person or by overnight courier shall be deemed given when delivered. 14 25. NO ASSIGNMENT. This Agreement may not be assigned by Sellers or Purchaser without the prior written consent of parties in each instance and any purported assignment(s) made without such consent shall be void. 26. MISCELLANEOUS. If two or more persons constitute the Seller, the word "Seller" shall be construed as if it read "Sellers" whenever the sense of this Agreement so requires. 27. BARGAIN SALE. Seller will have the premises appraised by a qualified appraiser whose appraisal of the Premises may indicate a fair market value of the property in excess of the purchase price that Purchaser is paying for the Premises. Seller's obligations under this Agreement are subject to receipt of such an appraisal. Seller is solely responsible for obtaining said appraisal, and the Purchaser makes no representations as to the fair market value of the Premises. If the above referenced appraisal indicates a higher fair market value for the Premises than the purchase price set forth in this contract, Seller intends to make a charitable contribution to Purchaser of the difference between the fair market value indicated in the above referenced appraisal and the purchase price paid by Purchaser, pursuant to Section 1011(b) of the Internal Revenue Code. 28. SOUTHOLD TOWN BOARD APPROVAL. Execution of this Agreement by Purchaser and the Closing contemplated herein are subject to approval by the Town Board of the Town of Southold in the form of a 15 J resolution and authorizing the acquisition and further recognizing this Sale/Purchase as a Bargain Sale, following a public hearing as required by applicable law. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto on the day and year first above written. a� M) C T�Zwk. ; f 4- /� I.. Edward C. Booth, Seller Patricia S. Booth, Seller i 11 'A'a(7 o 1 � Edward C. Booth,Jr., Sel Michael S. Booth, Seller -�-g*-'� kA b - — Mar of . Booth, Seller Katherine B. Cohen, Seller TOWN OF SOUTHOLD BY: 1, Ix* OSHUA HORTON, SUPERVISOR C:/Anne/Town of Southold Master Documents/Booth Final 6904 Farmland Purchase of Development Rights 16 June 24,2004 DEVELOPMENT RIGHTS PURCHASEAND SALE AGREEMENT between Edward C. Booth, Patricia S. Booth, Edward C. Booth, Jr., Michael S. Booth and MargdW. Booth and Katherine B. Cohen and TOWN OF SOUTHOLD THIS AGREEMENT, made the)p�'day of�, 200( between Edward C. Booth, Patricia S. Booth, Edward C. Booth, Jr. and Michael S. Booth, all residing at 17235 Soundview Avenue, Southold, New York 11971, and Margot W. Booth, residing at 3635 Old North Road, Southold, New York 11971, and Katherine B. Cohen, residing at 1313 Great Plain Avenue. Needham, Massachusetts 02492 (hereinafter collectively referred to as the "Seller") and the TOWN OF SOUTHOLD, a municipal corporation of the State of New York having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (hereinafter referred to as the "Purchaser"). WITNESSETH : 1. DESCRIPTION. The Seller agrees to sell and convey, and the Purchaser agrees to purchase the Development Rights, as hereinafter defined, in ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk, and State of New York 1 designated as SCTM# 1000-51-2-8 and 1000-51-2-7 (the "Property" or the "Premises"). The area and dimensions of the Property are, however, subject to such changes and modifications consistent with the area and dimensions as shown on a survey (see ¶7 herein) and final subdivision map (see ¶5 herein). The parties acknowledge that Seller seeks through subdivision approval to create one 25.1 acre lot, consisting of 22.1 acres subject to this Development Rights Purchase and Sale Agreement, and a 3.0 acre reserve area on the west side of the property. In addition, the parties acknowledge that seller is seeking to complete a lot line modification of SCTM# 1000-51-2-7 to create a 1.5 acre lot and a 2.0 acre set-off in the southeast corner of SCTM# 1000-51-2-8. . The proposed subdivision and lot line modification are shown on the survey dated prepared by Peconic Surveyors, P.C., attached and made a part hereof. 2. DEVELOPMENT RIGHTS DEFINED. "Development Rights" as the term is used in this Agreement shall mean the right to prohibit or restrict the use of the Property for anything other than open space as that term is defined in §247 of the General Municipal Law and/or agricultural production as that term is referenced in §247 of the New York General Municipal Law and/or defined in Chapter 25 of the Town Code of the Town of Southold (the"Town Code"). The Development Rights to be acquired by the Purchaser and the rights of the Sellers are further defined and are set forth 2 in the Grant of Development Rights Easement attached hereto as Exhibit "A" and made a part of this Agreement. The power and purpose of the Purchaser is limited to acquiring the Development Rights in lands presently used as open space and/or suitable for agricultural production, as described in the attached Exhibit "A". Purchaser reserves the right, upon obtaining a survey and inspecting the Premises in relation thereto, to hold a public hearing on the acquisition pursuant to §247 of the General Municipal Law. Such acquisition must be approved by an affirmative vote of the Town Board and the adoption of an appropriate resolution following a public hearing. If the Premises are not entirely used or suitable for open space and/or agricultural production, Purchaser may cancel this Agreement or, subject to Seller's further agreement, accept that portion of the premises which is suitable for open space and/or agricultural production, as herein defined, in which case the price will be adjusted in proportion to the area deemed suitable using the unit price as herein set forth. The Town of Southold Land Preservation Committee shall also approve the area from which the development rights will be acquired, such area to be shown on a survey obtained pursuant to ¶7. 3. PURCHASE PRICE. The agreed purch e price is ( ", e0.W DOLLARS for the 21.4 acres contemplated to be #0 C)0C) 3 t eue V1 encumbered under this Agreement, based upon a value of C� 03",(DOc) DOLLARS per acre, and subject to a final survey of the premises (see ¶7 herein). Purchaser and Seller hereby agree that if the final survey shows that the total acreage of the premises is 21'A4_1 different from the 24.4- cre fi ure used b Purchaser in.determining the t - �C.t ��' uvt rr Q.V c'L Yn l V\q — purchase price o AND sl:�O4j poo ( A" DOLLARS, the final purchase price will be 7AAl seUevi —V�td adjusted at a rate of p ( 29;gg8„gg� X g 7 1 000 DOLLARS per acre for each additional or subtracted acre or portion GIF> thereof. The purchase price shall be payable by Town of Southold to the Seller at the Closing. 4. CLOSING DATE/LOCATION. The Grant of Development Rights Easement is to be delivered on or about sixty (60) days of receipt of a title policy and environmental audit, in a form and substance acceptable to Purchaser, or the recording of the final subdivision map in the Office of the Suffolk County Clerk, whichever occurs later, unless Seller waives the subdivision contingency set forth herein. In the event the Seller waives the subdivision contingency, the Closing shall be take place within twenty (20) days of receipt by Purchaser's attorney of written notice of such waiver. The Closing shall take place at the office of the Town Attorney; Town Hall, 53095 Main Road, Southold, N.Y. 11971, or such other location within 4 ` 1 Suffolk County of Purchaser's choice, unless otherwise agreed in writing. The delivery to and acceptance of the Grant of Development Rights Easement by Purchaser, in form and substance acceptable to Purchaser, and the disbursement of the purchase price to Seller, and the execution of any other documents as may reasonably be required by Purchaser, Seller, or the title company shall constitute the "Closing." 5. SUBDIVISION CONTINGENCY. This Agreement is contingent upon Seller receiving approval to subdivide the subject SCTM# 1000-51-2-8 to create one 25.1 acre lot, consisting of 22.1 acres, and a 3.0 acre reserve area on the west side of the property and approval of a lot line modification of SCTM#1000-51-2-7 to create a 1.5 acre lot and a 2.0 acre set-off in the southeast corner of SCTM#1000-51-2-8. Nothing herein shall be construed to be an approval of the subdivision or lot line modification by the Planning Board of the Town of Southold or a waiver of any provisions of the Town Code. Furthermore, nothing herein shall be construed to be the Town's preference for a particular layout or design. Consistent with paragraphs 1 and 7 herein, the Property from which the Development Rights are to be acquired herein shall be based upon the area and dimensions as shown on the approved and filed subdivision map. Seller may waive this subdivision contingency and seek to close this matter upon written notice to Purchaser. In such an event, the area from which the Development Rights are to be acquired by 5 Purchaser shall be based upon the survey prepared in accordance with the provisions of 17 herein. 6. NO FURTHER SUBDIVISION. Subject to the subdivision approval contemplated in ¶5 above, the property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law, or with written consent of the Purchaser. 7. SURVEY. Purchaser and Seller will have the Property surveyed by a licensed land surveyor to determine the actual acreage of the area upon which the Development Rights are to be sold. The survey shall be based upon the area and dimensions as shown on the subdivision map prepared in accordance with ¶5 herein, unless Seller waives the subdivision contingency. The survey of the Property shall be paid by the Purchaser, at a cost not to exceed $5,000.00. The Seller shall be responsible for all other costs related to the surveying and mapping of the premises for subdivision purposes. 8. ENVIRONMENTAL INSPECTION. Purchaser may conduct an environmental inspection of the Property. If the Town chooses to conduct 6 ,1 T such an inspection, the Purchaser's obligations under this agreement are subject to and conditioned on the receipt of a report verifying that there are no hazardous substances on or in the premises, including structures, or the presence of any other negative environmental conditions. The Seller shall have the right to remedy any defects raised by an environmental inspection, at his sole cost and expense, upon notice to the Town and within a reasonable period of time. In this event, Seller shall provide proof satisfactory to the Purchaser that such defects have been cured. If Seller elects not to remedy the defect(s), the Purchaser may cancel this Agreement and be reimbursed for the costs of title examination, survey and environmental inspection, with no further liability between the parties, or the Purchaser may proceed to closing. 9. FORM OF EASEMENT. The Grant of the Development Rights Easement to be executed by Sellers and delivered to Purchaser at the closing shall be in the form approved by the Town Attorney, or his designated representative, and shall be in substantially the form which is annexed hereto as Exhibit ''A". The Grant of Development Rights Easement shall be duly executed and acknowledged so as to convey to the Purchaser the Development Rights of the Property, free of all liens and encumbrances, except as herein stated, and shall be recorded in the Office of the Suffolk County Clerk. Purchaser shall be responsible for the 7 recording fees in connection with the Grant of Development Rights Easement. If the Seller is a corporation, it will deliver to the Purchaser at the time of the delivery of the Grant of Development Rights Easement hereunder a resolution of its board of directors authorizing the sale and delivery of the Grant of Development Rights Easement, and a certificate by the secretary or assistant secretary of the corporation certifying such resolution and setting forth facts showing that the conveyance is in conformity with the requirements of §909 of the Business Corporation Law. The Grant of Development Rights Easement in such case shall contain a recital sufficient to establish compliance with said section. 10. INSURABLE TITLE. The Purchaser may make its determination of whether the Property is free from all encumbrances, except as set forth in 112, on the basis of its own examination of the title, or that of its agents, or a title report of a member company of the New York Board of Title Underwriters having offices in Suffolk County. The parties acknowledge that the property is subject to the rights of others for pass and repass. Purchaser may require the Seller to clear title exceptions raised to the satisfaction of the Purchaser, and if any is involved, the title company. In the event that the Seller is unable to convey the Grant of Development Rights Easement free from all encumbrances in accordance with the terms of this Agreement, Seller shall reimburse Purchaser for the 8 . t costs of the title examination, survey and environmental inspection, and this Agreement shall be considered canceled with neither party having any further obligation to the other. 11. ACCEPTABLE ENCUMBRANCES. The Seller shall convey and the Purchaser shall accept the Grant of Development Rights Easement subject to existing covenants and easements of record, any covenants or easements required by the Suffolk County Department of Health Services and the Southold Town Planning Board in connection with the subdivision of the Property. In the event the property is to be conveyed subject to a mortgage, Seller shall include and record with the Grant of Development Rights Easement the written consent of the mortgagee. The Grant of Development Rights Easement may also be conveyed subject to the assessment of real property taxes, provided that at the time of Closing, all real property taxes are paid in full for the current tax (lien) year with no arrears. All other encumbrances, liens, assessments, charges, judgments, estates, taxes and other limitations shall be satisfied on or prior to Closing. 12. USE OF MONEY TO CLEAR TITLE. If at the date of closing there are any other liens or encumbrances which the Seller is obligated to pay and discharge, the Seller may use any portion of the balance of the purchase price to satisfy the same, provided the Seller shall simultaneously either deliver to the Purchaser at the Closing instruments in recordable form and sufficient to satisfy such liens and encumbrances of record 9 ;1 t together with the cost of recording and filing said instruments. The Seller also agrees to provide duly executed Internal Revenue Service Form W-9 and to sign such proper vouchers for the closing check(s) as may be requested by the Town Fiscal Officer at least two (2) weeks prior to the date fixed for closing. The Purchaser, if request is made within a reasonable time prior to the date of closing title, agrees to provide at the closing separate checks as requested, aggregating the amount of the purchase price, to facilitate the satisfaction of any such liens and encumbrances shall not be deemed objections to title if the Seller shall comply with the foregoing requirements. 13. AFFIDAVITS AS TO JUDGMENTS. If a search of the title discloses judgments, bankruptcies or other returns against other persons having names the same or similar to that of the Seller, the Seller will, on request, deliver to the Purchaser an affidavit showing such judgment, bankruptcies or other returns are not against Seller, if such is the case. 14. OTHER DOCUMENTS AT CLOSING. Seller shall deliver at Closing: a) A certification stating that Seller is not a foreign person, which certification shall be in the form then required by FIRPTA. If Seller fails to deliver the aforesaid certification or if Purchaser is not entitled under FIRPTA to rely on such certification, Purchaser shall deduct and withhold from the purchase price a sum equal to 10% thereof (or any lesser amount permitted by law) and shall at 10 Closing remit the withheld amount with the required forms to the Internal Revenue Service. 15. SELLER'S REPRESENTATIONS. Seller represents that: a) the premises are agricultural lands formerly used for agricultural production as defined herein; b) at no time, to the Seller's knowledge, has the Property been used for the generation, storage, or disposal of hazardous substances, or as a landfill or other waste disposal site; c) there are no hazardous substances or toxic wastes in or on the Property that may affect the Property or any use thereof or that may support a claim or cause of action under common law or under any federal, state or local environmental statute, regulation, ordinance or any other environmental regulatory requirement, nor has any action been instituted for enforcement of same; d) to the Seller's knowledge, there are currently no underground storage tanks on the Property, and none were located on the property; e) there are no actions, suits, claims or proceedings seeking money damages, injunctive relief, remedial action or any other remedy pending or threatened relating to a violation or non-compliance with any environmental law, or the disposal, discharge or release or solid wastes, pollutants or hazardous substances, or exposure to any chemical substances, noises or vibrations to the 11 extent the same arise from the condition of the premises or Seller's ownership or use of the premises; f) no consent or approval is needed from any governmental agency for the transfer of the development rights from Seller to Purchaser, and neither the execution of this agreement, nor the closing of title, will violate any environmental law; g) from the date of this Agreement to Closing, Seller will not remove any soil from the property from which development rights will be sold. 16. INDEMNIFICATION. Seller will defend, indemnify, and hold harmless the Purchaser against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering fees and other costs and expenses which may arise out of 1) any inaccuracy or misrepresentation in any representation or warranty made by Seller in this agreement; 2) the breach or non-performance of any covenants required by this agreement to be performed by the Seller, either prior to or subsequent to the closing of title herein; or 3) any action, suit, claim, or proceeding seeking money damages injunctive relief, remedial action, or other remedy by reason of a violation or non-compliance with any environmental law, or the disposal or release of solid wastes, pollutants or hazardous substances, or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of development rights. This paragraph 12 shall survive closing. 17. PUBLIC DISCLOSURE STATEMENT. The Seller, simultaneously with the execution and delivery of this Agreement, has also delivered the required verified public disclosure statement for filing with the Town Fiscal Officer. At the time of the closing, the Seller shall submit a sworn statement that there have been no changes in interest since the date of this Agreement. Any evidence of a conflict of interest or prohibited contractual relationship shall require approval of the contract and sale by the Supreme Court. 18. BROKER. The parties agree that no broker brought about this sale. 19. ENTIRE AGREEMENT. It is understood and agreed that all understandings and agreements had between the parties hereto are merged in this contract, which, with the exhibits, fully and completely expresses their agreement, and that the same is entered into after full investigation, neither-party relying upon any statement or representation, not embodied in this contract, made by the other. 20. MODIFICATION. The Agreement may not be modified, changed or terminated orally. This Agreement may be modified or changed only with the prior written consent of both Seller and Purchaser in each instance and any purported modification or change made without such consent shall be void. 13 21. BINDING EFFECT. This Agreement shall apply to and bind the heirs, distributes, legal representatives, successors and permitted assigns of the respective parties. 22. DEFAULTS AND REMEDIES. If Seller defaults hereunder, Purchaser shall have such remedies as Purchaser shall be entitled to at law or in equity, including, but not limited to, specific performance. 23. PURCHASER'S LIEN. All money paid on account of this contract, and the reasonable expenses of examination of title to the Premises and of any survey, survey inspection and environmental audit charges, are hereby made liens on the Premises, but such liens shall not continue after default by Purchaser under this contract. 24. NOTICES. Any notice or other communication ("Notice") shall be in writing and either (a) sent by either of the parties hereto or by their respective attorneys who are hereby authorized to do so on their behalf by certified mail, postage prepaid, or (b) delivered in person or by overnight courier, with receipt acknowledged, to the respective addresses given in this contract for the party to whom the Notice is to be given, or to such other address as such party shall hereafter designate by Notice given to the other party or parties pursuant to this paragraph. Each Notice mailed shall be deemed given on the third business day following the date of mailing the same, except that each Notice delivered in person or by overnight courier shall be deemed given when delivered. 14 l I l 7 I � 25. NO ASSIGNMENT. This Agreement may not be assigned by Sellers or Purchaser without the prior written consent of parties in each instance and any purported assignment(s) made without such consent shall be void. 26. MISCELLANEOUS. If two or more persons constitute the Seller, the word "Seller" shall be construed as if it read "Sellers" whenever the sense of this Agreement so requires. 27. BARGAIN SALE. Seller will have the premises appraised by a qualified appraiser whose appraisal of the Premises may indicate a fair market value of the property in excess of the purchase price that Purchaser is paying for the Premises. Seller's obligations under this Agreement are subject to receipt of such an appraisal. Seller is solely responsible for obtaining said appraisal, and the Purchaser makes no representations as to the fair market value of the Premises. If the above referenced appraisal indicates a higher fair market value for the Premises than the purchase price set forth in this contract, Seller intends to make a charitable contribution to Purchaser of the difference between the fair market value indicated in the above referenced appraisal and the purchase price paid by Purchaser, pursuant to Section 1011(b) of the Internal Revenue Code. 28. SOUTHOLD TOWN BOARD APPROVAL. Execution of this Agreement by Purchaser and the Closing contemplated herein are subject to approval by the Town Board of the Town of Southold in the form of a 15 resolution and authorizing the acquisition and further recognizing this Sale/Purchase as a Bargain Sale, following a public hearing as required by applicable law. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto on the day and year first above written. aw) CTWVk12�- Edward C. Booth, Seller Patricia S. Booth, Seller Edward C. Booth,Jr., SelfEV Michael S. Booth, Seller Mar o . Booth, Seller Katherine B. Cohen, Seller TOWN OF SOUTHOLD BY: OSHUA HORTON, SUPERVISOR C:/Anne/Town of Southold Master Documents/Booth Final 6904 Farmland Purchase of Development Rights 16 r 1 � SCHEDULE A 17 Submission Without a Cover Letter Sender: C r Subject: (p U ) SCTM#: 1000 - - / b Date: S%f0 s Comments: OK 9165� G� MAY 1 1 2005 106 - � MAILING ADDRESS: PLANNING BOARD MEMBERS ��OF SO(/�yO P.O. Box 1179 JERILYN B.WOODHOUSE �Q l Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS cn Town Hall Annex KENNETH L.EDWARDS �QQ 54375 State Route 25 MARTIN H.SIDOR (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON y`ou m� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 10, 2005 Ms. Marian Sumner c/o Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton, NY 11969 Re: Proposed Lot Line Change & Cluster Conservation Subdivision of Edward Booth Located n/o CR 48, w/o Mt. Beulah Ave. and s/o Sound View Ave., in Southold SCTM#1000-51-2-7 & 8 Zoning District: A-C Dear Ms. Sumner: The Southold Town Planning Board, at a meeting held on Monday, May 9, 2005, adopted the following resolution: The public hearing was closed. WHEREAS, this proposal, which includes the merger of SCTM#1000-51-2-7 with SCTM#1000-51-2-8, is for a cluster conservation subdivision to subdivide 'a 28.36-acre parcel into three lots where Lot 2 equals 1.5 acres; Lot 3 equals 2 acres; and Lot 1 equals 24.8647 acres upon which the Development Rights on 21.8647 acres are proposed to be sold to the Town of Southold; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval on October 14, 2003 on the plat dated June 20, 2003; and WHEREAS, the Southold Town Planning Board granted an extension of time for sketch approval from October 14, 2004 until October 14, 2005; and WHEREAS, the Health Department approved the subdivision on April 8, 2005; be it therefore RESOLVED, that the Southold Town Planning Board grants conditional final approval upon the plat prepared by Peconic Surveyors, PC, dated June 20, 2003 and last revised on March 30, 2005, subject to the following conditions: Booth — Page Two — 5/10/05 1. Submission of Declaration of Covenants and Restrictions limiting access to the 3-acre building area on Lot 1 to the existing 20'-wide right-of-way and limiting access to Lots 2 and 3 from Mt. Beulah Avenue. ,//2. Payment of the Park and Playground Fee in the amount of$3,500. 3. Submission of 5 mylar and 8 paper plats with Suffolk County Department of Health approval stamp; and be it further RESOLVED, that the Planning Board cannot issue final approval until an executed Contract of Sale for Development Rights has been submitted to this office. Upon submission of the aforementioned items, the Planning Board will issue final approval and authorize the Chairperson to endorse the maps. Please contact this office if you have any questions regarding the above. Very truly yours, j /Jeyn�BWoodhouse Chairperson cc: Melissa Spiro, Land Preservation Coordinator 9 0 A. 54 P �� CO��E��r� /off PRO pos . 7-#;5 IOR O. pEkTl tblj PRO)9[R 0/ J FHE 541V OEM p �Cia�? fin �� p�'�¢� �' lD1�1C rl4 15 F COAJ,91 1 ' 12Rop l mjr�l+7 i' MAY 10 2005 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as -r— by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on L`1 5- 4-1 I have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Ut lvt[�.�1�xz d u 2fn uPT, 60 ,1 l4 W�in«P AA4 1914 ".01vi -- �U I'f�V ► � vl VYl:Vl-�'� Your Name (print) 71 Signature Address M&I S, Date Notiry Public -- , Julie T. 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Restricted Delivery?(Extra Fee) ❑Yes s`oeei apt iwo-- ----------- f orPOBoxtvo. _9� f`h.. �'i 2c Article Number I ;7 ICJ --- - --:` (rransterfrom servIceilatie)) 110`::0'0 0 5 €8 5 3 G i310 0 cSfA.v 7ilUGA I N .�(S�- . ' PS Form 3800,June 200Z See Reverse fort PS Form 3811,February 2004 Domestic Return Receipt, 102595-02-4-1540 SENDER: COMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete • - . • item 4 if Restricted Delivery,is desired. SFNDER: COMPLETE THIS SECTION N DELIVERY ■ Print your name and address on the reverse A. S' ature ■ Complete items 1,2,and 3.Also complete ❑Agent so that we can return the card to you. ?)5j g ■ Attach this card to the back of the mailpiece, I item 4 if Restricted Delivery is desired. 0,j f ❑Addressee or on the -)CU front if space permits: ■ Print your name and address on the reverse so that we can return the card to you. . Received by(Print ame) tg129f E). ry 1.. Article Addressed to: ■ Attach this card to the back of the mailpiece, w i j(( �� Wi1lDD or on the front if space permits: D. Is delivery address dient from item 1? es tr♦ 1. Article Addressed to: If YES,enter delivery address below: ❑.No �a�b i�T . C�c .� A�F, 'EaW k-Q2 C..r3 v 6-1 -1 7Z35 c�o uN�u 1 AU ' CJUVI.r,uaU3 ' 11 %11-� 3, .7 LJLI.4Q\ C��. 'ja'- � N l _V' 3. Service Type 1 A-eartifled Mail ❑Express Mail ❑ Registered ❑ Return Receipt for Merchandise. ❑ Insured Mail ❑C.O.D. 2, Article Number i 4. Restricted Delivery?(Extra Fee) ❑Yes (Transfenfro'm servic e label) 4 413 5 :• : - . PS Form 3811,February 2�4 ome- io a urn 2. Article Number.. ;' 7�0 0'3 31'10' 0 0 0 5` 8 5 3�L' 3 0'9 4 '1 Article Addressea To: (Transfer from service label) G PS Form 3811,February 2004 Domestic Return Receipt — _ 1625s5-o2-M-154o VT �N 1 id�H <e-4-40v- Atwo Q, 50 O(.D t-)L)-� 3. Service Type r �e.n ` �I_ L�•� ' Certified Mail [I Express Mail Registered ❑Return Receipt for Merchandise 1 ❑insured Mail ❑C.O.D.. 41 4, Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ------- -- _ _- _ j i(Transferfromaservice label) i; 7 2 0 1 2. Article Number. 7 0 0 4 : 116 0 0 0 0 4 4 5 7 5 3 2 81 PS Form 3811,February 2004 Domestic eturn I ; ;(Transferfromservlcelaben.',';' FS Form 3811,February 2004 Domesti,Return Receipt 102595-02-M-1540 � _r_ if YES,enter delivery address below: El No uC W N Av►,a 11d Y ULS F(�EfLi a-"- t &-N�� '� r C M1 . CEctc.A•4 AuL- LAW-e "Nl- LX0, to+ 3'I ( So�� N V' (Lq�•( 3. Service Type L l�� t -I`4�Certified Mail ❑Express Mail ❑Registered ❑ Return Receipt for Merchandise. 4: ❑Insured Mail ❑C.O.D. 2. Article Number - 4, Restricted Delivery?(Extra Fee) ❑Yes (rransfer:from.seivice labe�t !; i 7,0 0 4, 1350 2. Article,Number `ra` fer[from serv/ce lab el) J i ` ' ` ;7 0 0 3 31�10 0 0 5 8530 3032 PS Form 3811,February 2004 Domestic Return G ns Y —..-__- —; PS Form 3811,February 2004 Domestic Return Receipt -�102595-02-M-1540 QA?-,s 3. rvice Type � '�•.�l�0 b �� ! Certified Mail [3 Express Mail I ❑.Registered ❑ Return Receipt for Merchandise ' ❑ Insured Mail ❑C.C.D. 4' `�4:.Restricted Delivery?,(Extra Fee) ❑Yes 2: Article Number — _ 'y (>-ransfer from ser,"vice;label) ' a '7 0 L} ]�161 2. Article Number 7 0 3 r;3110 0005 8530 3 0 5 6 'PS Form 3811,February 2004' Domestic Return R ' (Transfer,from.senfce labeq , PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 I ...a.aa�7rg1' A. Si nature ❑Agent 6 and 3.Also complete ❑Addressee ■ Complete items 1,2, is desired. item 4 if Restricted Delivery printed Name) C. Date of Delivery s Print your name and address on the reverse B. Received by so that we can return the card to YOU. p Yes ■ Attach this card to the Per t the mail piece, D.1s delivery address ifferent froinaite 1, ❑No or on the front if spacedress tie %''' If YES,enter del'V W 1. Article Addressed to: CC 0 Qd X- 3, Service Type — &.certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. [3 Yes 4, Restricted Delivery?(Extra Fee) �i _-- -- --- ----- 2. Article Number 0 4 13 5 0 4 8840 6 2 102595-02-M-1540 1 ■ ■ ■ i `servlce�lafieQ;! — (fransterfrom - -O > o >0 v m 0 2004 Domestic Return Receipt , ` d - C PS Form 3811,February _ , �' z . _ 3 — t q/s z `� I y a 0 a • A7/c/ he no°arato tarp t adres/S a°°0 °� -3.3 a m Zr� � " m eggqr �t If the he oa s 0n t sMOO(0/ete a- ® o o w C m �ftj esseO to AaOa e��%�he o�reperse q .r a aX CD m a w /+ .. is �a�b Si9�at C t7 ° r � a 1 ULJ /� %e Ure cw1 S 3 a iv mm wmw 0 CD ecejteq �� I �c w `z W b, a 0, CO y Er_.o �'.� yFS `yaggr a�eJ O 3 o 0 o • 2, q enter sss �' w .� m a 3 qe/i4e Oil% � C p �gggr�'t m m rY t ate or sssee �CID pS,F Srerf'�hber CD a r °?iAN � te`ry 7 �e/ire Sez. 3 �� i O Yes ■ Completes. Re e N n item 4 if Restr,. �ary2 OReea a try / o m X D ! ■. Print your name an" 0 Q N so that we can return t 4 Q J` Q� 4, 9O/gsU e'dereq ei/ O 's y /% m ■ Attach this card to the back o,.- ion ZQ QQQ stnctego'ttai/ O Rr4p ��n /l Z < or on the front if space-permitCD s. estic e n a�� CL 1. Article Addressed to: � G ` H a \rU Reoejp BS�Q / FeO e�At forMe oh R @ I I 1JWa'ilttl� �NNh� E�,li��•18 5 Wi \t Q8 J r ana� ^� � a a I �57 30� Hr��.c,a AVe-. dyes a CO N 1_ or 3 ��'V •` ( lR 3. Service Type r026 o m sso2 ! f 3 ertified Mail ❑Express Mo,.-\M-Sq J n LI Registered ❑.Return Receipt fo,� e hendise , o ❑Insured Mail ❑C.O.D. \ ! ❑ ❑ m ❑ ❑ i 4. Restricted Delivery?(Extra Fee) ❑Yes ( ° y p as o 2: 1 !Article Number co @ s ?,(Transfer from seivlce/ab :i i 7 �4 1350 0004 8840 0600 ! z CCDD Al - -- -- - PS Form 3811, FebruaDomestic Return Receipt t (� .102595-02-M-1540! °� am�vo W , }1,� 3: Service Type _. certified;Mail:; ,❑'Ez 1 ❑ Registered Re 1 ❑ Insured Mail ` ❑C. 4. Restricted'6elivery7(Extra Article Number i ! ;(Transfer from services label) i ;7 0.0.4 1350 0000 3 9 7 2 8 2'69--- PS Form'3811,�February 2004 Domestic Return Receipt. 102.9r 2-M-1540 Jerilyn Woodhouse,Chair Southold Town Planning Board P.O. Box 1179 Southold,N.Y. 11971 May 5,2005 Dear Ms Woodhouse: Re: SCTM#1000-51-2-7&8(owner Edward C Booth Jr. et al) We applaud Mr. Booth's efforts to preserve his property in such a friendly and open manner. The location of the proposed parcels should be entirely up to him as the contemplated plan adds to the beauty and value of the entire-piece,We suspect,that,he,is making a significant financial contribution to the preservation of open land in the Town of Southold,He should be commended. We have no reservations wth.regard to his plan. Sincerely yours, Pea-, Gayle Kaplan Z.Micah Kaplan,M.D. 17815 Soundview Ave Southold,N.Y. ll I', u 11i,1 Ii '� M AY - 6 2005 i' J /7rr 17975 Soundview Ave. Southold, NV 11971 May 7, 2005 -Jerilyn Woodhouse, Chair Planning Board of the Torn of Southold Town Hall Southold, NY 11 971 RE: Booth Conservation Subdivision SCTM #1000-51 --2-7&8 Dear Mrs. Woodhouse, As homeowners adjacent to the above property we declare our support for the conservation subdivision as planned. We need to preserve our open land. The Booth property is a beautiful parcel and presents a great opportunity. In our view an jrone who may oppose this subdivision might think again and consider that the alternative may end,up being an area for multiple housing on the same acreage. We encourage the planning board's support of this conservation subdivision. �Vsh Carolyn Fisher aav-id--F -sher NIP - 6 2005 L-- ---- ��. MAILING ADDRESS: PLANNING BOARD MEMBERS OF so jyO Southold,ox 1179 11971 JERILYN B.WOODHOUSE O. l� Chair OFFICE LOCATION: WILLIAM J.CREMERS vs Town Hall Annex KENNETH L.EDWARDS �p� 54375 State Route 25 MARTIN H.SIDOR (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON �yCOU Southold,NY Telephone: 631 765-193 S Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD FACSIMILE To: Marian Sumner, Director of Conservation Programs From: Anthony Trezza, Senior Planner Re: Edward Booth Cluster Conservation Subdivision 1000-51-2- 7 & 8 Date: April 27, 2005 As you know, the final public hearing for the above-reference subdivision application is being held on May 9, 2005. The following items are required in order to obtain final approval from the Planning Board: 1. A Covenant and Restriction limiting access to the 3-acre building area on Lot 1 to the existing 20'-wide right-of-way. 2. A Covenant and Restriction limiting access to Lots 2 and 3 from Mt. Beulah Avenue. 3. Payment of the Park and Playground Fee in the amount of$7,000. If the Planning Board does not receive the requested information by May 5, 2005, the applicant will receive conditional final approval on May 9t . Should you have any questions please feel free to contact the undersigned. Cc: Melissa Spiro, Land Preservation Coordinator MAILING ADDRESS: PLANNING BOARD MEMBERS ��OF SOUryo Southold,,Box 1179 11971 JERILYN B.WOODHOUSE ,�O l� Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L.EDWARDS �pQ 54375 State Route 25 MARTIN H.SIDOR Oly (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON Couffm Southold, NY Telephone: 631 765-193& Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 27, 2005 Ms. Marian Sumner c/o Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton, NY 11969 Re: Proposed Cluster Conservation Subdivision of Edward Booth Located n/o CR 48, w/o Mt. Beulah Ave. and s/o Sound View Ave., in Southold SCTM#1000-51-2-7 & 8 Zone: A-C Dear Ms. Sumner: The final public hearing regarding the maps for the above-referenced conservation subdivision has been scheduled for Monday, May 9, 2005, at 6:10 p.m. at the Southold Town Hall. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex (2"d Floor, North Fork Bank). Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday, May 6, 2005. The sign needs to be returned to the Planning Board Office after the public hearing. Please contact this office if you have any questions regarding the above. Very truly yours, Jerilyn B. Woodhouse Chairperson encl. 4 Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a conservation subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-51-2-7 & 8; 3. That the property which is the subject of this application is located in the A-C Zoning District; 4. That the application is for a cluster conservation subdivision which includes the merger of SCTM#1000-51-2-7 with SCTM#1000-51-2-8. The proposal is to subdivide the 28.36-acre parcel into three lots where Lot 1 equals 24.8647 acres, including a 3-acre building lot and a Development Rights Sale of 21.8647 acres to the Town of Southold; Lot 2 equals 1.5 acres; and Lot 3 equals 2 acres. The property is located n/o CR 48, w/o Mt. Beulah Avenue and s/o Sound Avenue, in Southold; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2"d Fl., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, May 9, 2005 at 6:10 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the TravelerMatchman, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Edward C. Booth Jr. et al Date: 4/27/05 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY; 12:00 noon, Fri., 5/6/05 **************************************************************************************************** Re: Proposed Conservation Subdivision of Edward Booth SCTM#s: 1000-51-2-7 & 8 Date of Hearing: Monday, May 9, 2005, 6:10 p.m. §58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC HEARING §58-1. Providing notice of public hearings. _ [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] §58.1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission.reviewing the same shall fix a time and place for a public hearing thereon.The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that. s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street 5801 1-25-99 §58-1 SOUTHOLD CODE § 58-1 from the property' included in the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7).days prior to the date of the initial public hearing on the application and addressed to the owners at the addresses listed for them on the local assessment roll: The applicant or agent shall file an affidavit that s/he has complied with this provision. 5802 1-25-96 E-DWARD C . BOOTH , JR. ET AL BOOTH CONSERVATION SUBDIVISION 1 000 =51 =2 =7 8 Proposal for a cluster conservation subdivision which includes the merger of SCTM#1000-51-2-7 with SCTM#1000-51-2-8. The proposal is to subdivide the 28.36-acre parcel into three lots where Lot 1 equals 24.8647 acres, including a 3-acre building lot and a Development Rights Sale of 21 .8647 acres to the Town of Southold; Lot 2 equals 1 .5 acres; and Lot 3 equals 2 acres. MONDAY - MAY 9 2005 - 6 : 10 P . M . MAILING ADDRESS: PLANNING BOARD MEMBERS ��OF SOUry� Sout.O. Box 1 11971 JERILYN B.WOODHOUSE � l� " '1 Chair OFFICE LOCATION: WILLIAM J.CREMERS N ac Town Hall Annex KENNETH L.EDWARDS �QQ 54375 State Route 25 MARTIN H.SIDOR �� (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON COMM�� Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOVL�&t WHePLD Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 9th day of May, 2005 on the question of the following: 6:00 p.m. Proposed cluster standard subdivision Oregon Landing I located n/o Oregon Road, 625 feet w/o Bridge Lane, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-83-2-9.1 6:05 p.m. Proposed amended site plan for Cutchogue Business Center located on the } s/w/s/o the intersection of Oregon Road and Cox Lane in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 83-3-4.6 6:10 p.m. Proposed cluster conservation subdivision for Edward Booth located n/o CR 48, w/o Mt. Beulah Avenue and s/o Sound Avenue, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-51-2-7 & 8 Dated: 4/26/05 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, APRIL 28, 2005 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Traveler/Watchman Page 1 of 1 Randolph, Linda From: Dina Kontokosta [dkontokosta@travelerwatchman.com] Sent: Tuesday,April 26, 2005 9:16 AM To: Randolph, Linda Subject: Re: Legal Ad We received it and it will run in the May 28 issue. Thanks. -----Original Message ----- From: Randolph Linda To: editorial@travelerwatchman.com Sent: Tuesday, April 26, 2005 9:07 AM Subject: Legal Ad Please print the attached ad in the April 28 edition and send confirmation of receipt as soon as possible. Thank you. Linda Randolph 4/26/05 MAILING ADDRESS: PLANNING BOARD MEMBERS OF SO(/ryO P.O.Box 1179 JERILYN B.WOODHOUSE �Q �� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex KENNETH L.EDWARDS G �� 54375 State Route 25 MARTIN H.SIDOR �� in Rd. &Youngs Ave.) GEORGE D.SOLOMON y& (cor.Ma QUtM� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 9th day of May, 2005 on the question of the following: 6:00 p.m. Proposed cluster standard subdivision Oregon Landing I located n/o Oregon Road, 625 feet w/o Bridge Lane, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-83-2-9.1 6:05 p.m. Proposed amended site plan for Cutchogue Business Center located on the s/w/s/o the intersection of Oregon Road and Cox Lane in Cutchogue, Town of Southold, County of Suffolk, State of New York.. Suffolk County Tax Map Number 1000- 83-3-4.6 6:10 p.m. Proposed cluster conservation subdivision for Edward Booth located n/o CR 48, w/o Mt. Beulah Avenue and s/o Sound Avenue, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-51-2-7 & 8 Dated: 4/26/05 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson 4 '1 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA RANDOLPH, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 26th day of April, 2005 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 5/9/05 Regular Meeting: 6:00 p.m. Public Hearing for the proposed cluster standard subdivision for Oregon Landing I SCTM#1000-83-2-9.1 6:05 p.m. Public Hearing for the proposed amended site plan for Cutchogue Business Center SCTM#1000-83-2-9.1 6:10 p.m. Public Hearing for the proposed cluster conservation subdivision for Edward Booth SCTM#1000-51-2-7 & 8 r Linda--Randolph Secretary, Southold Town Planning Board Sworn to before me this oKs day of C , 2005. Notary Public E3ARBARA ANN RUDDER notary Public,State of New York No.4855845 Qualified in Suffolk County commission Expires April 14,sa LQ COUNTY OF SUFFOLK STATE OF NEW YORK ss: Nancy M. Mclaughlin, being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler Watchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for.....L...week(s) successively, commencing on the.....An...day of ........... ...........1 2005 0.A. .... ...... Sworn to before me this.........day of LEGAL'NOTICE , 2005. Notice of Plibhc Hearwg 'NOTICE,IS HEREBY GIVEN -r that, pursuant to Section 276 of `� � %L the Town Law and Article XXV. j 'of the:Code of the 'Town If 'Sout1.hold, a public hearing will Notary Public 1.be held':by the:Southold Town Planning Board, at the Town Hall, :"Win'` Road,'_Southold, . 'New.York on'`the.9.th day,of Emily Hamill May,2005 On the questiOII of the. NOTARY PUBLIC,State of New York •, ,fO1loWing No.OIHA5059984 6 . , p m Proposed Cluster Qualified in Suffolk County Standard, subdivision. OragOn Commission expires May 06,2006 Landm I located n/o Orogon Road,l25 feet:w/o Bridge Lane; .. in Cutchogue, ...Town :-of. Southold, County of; Siiff.o1k, State of New York. Suffolk Gourity Tax Map Number 1000=. 6 OSp m Propposed amended site.plan for Cti1111 . 6 ue$usiness Center loeated on the.s/w/s/Oh6 intersectiori,ofOreggon Road and Cox.'Lane ui Cutchogue, 'town of Southold;'County of Suffolk, . State.:of New -York..;suffolk County Tax'Map Number'1000`- 83 3=4 6 6.10' p m. '. Proposed cluster• conservation subdivision,.for Edward Booth located n/o CR 48,w/o Mt'. Beulah Avenue and . slot"Sound.Avenue,,iri.Southold, Town .of-Southold,.County.:of Suffolk; State of.-New.-York. Suffolk .County Tax Map . Ntiniber 1000 51-2=7 Dated 4/16/05. BY ORDER OF THE SOUTHOLD TOWN,PLAN; . NING BOARD Jerilyn B.Woodhouse Chairperson 1X 4/28M i i Submission Without a Cover Letter N Sender: Subj ect: SCTM#: 1000 - Date: Comments: i APR 1 4 2005 1 r �QSVFf�(�C MAILING ADDRESS: PLANNING BOARD MEMBERS �.�0 �Qy P.O.Box 1179 JERILYN B.WOODHOUSE Southold,NY 11971 Chair y OFFICE LOCATION: Town Hall Annex WILLIAM J.CREMERS y?f0l �aO� 54375 State Route 25 KENNETH L.EDWARDS (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold,NY GEORGE D. .SOLOMON Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 15, 2005 Ms. Marian Sumner c/o Peconic Land Trust 296 Hampton Road P.O. Box 177.6 Southampton, NY 11969 Re: Proposed Sia/bdivision and Lot Line Change of Edward Booth Located n/ CR 48, w/o Mt. Beulah Ave. and s/o Sound View Ave., in Southold SCTM#1000-51-2-7 & 8 Zoning District: A-C Dear Ms. §"er: The Southold Town Planning Board, at a meeting held on Monday, February 14, 2005, adopted the following resolutions: WHEREAS, this proposal will set off a 2-acre lot (Lot 3) from a 28.36-acre parcel which includes a 2-acre building envelope (Lot 1); and WHEREAS, the applicant proposes to sell Development Rights upon 22.8647 acres of Lot 1; and / WHEREAS, this proposal also includes a lot line change that will transfer 43,590 sq. ft. from SCTM#1000-52-2-8 (Lot 1) to SCTM#1000-52-2-7 (Lot 2) in the R-80 Zoning District resulting in a 1.5 acre lot (Lot 2); and WHEREAS, on October 14, 2003, the Planning Board granted conditional sketch plan approval on the plat, dated June 20, 2003; and WHEREAS, the applicant has requested a retro-active extension of conditional sketch plan approval from October 14, 2003 to October 14, 2005; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 — Subdivision of Land of the Code of the Town of Southold"; therefore, be it Booth — Page Two — 2/15/05 RESOLVED, that the Planning Board grants an extension of conditional sketch plan approval from October 14, 2003 to October 14, 2005; and be it further RESOLVED, that pursuant to Chapter A106, the Planning Board hereby classifies this application as a Conservation Subdivision; and be it further RESOLVED, that the Park and Playground Fee has been reduced to $3,500.00 per vacant residential lot, therefore, the amount due is $7,000.00. Please contact this office if you have any questions regarding the above. Very truly yours, ?,"Jeyn B. Woodhouse Chairperson cc: Patricia Finnegan, Town Attorney Kieran Corcoran, Assistant Town Attorney Melissa Spiro, Land Preservation Coordinator O�OSVFFO(�C® MAILING ADDRESS: B PLANNING BOARD MEMERS P.O.Box 1179 JERILYN B.WOODHOUSE Southold,NY 11971 cz Chair y OFFICE LOCATION: RICHARD CAGGIANO Oy • Town Hall Annex WILLIAM J. CREMERS 54375 State Route 25 KENNETH L.EDWARDS '� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 January 3, 2005 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Ms. Marian Sumner c/o Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton, NY 11969 RE: Proposed Set-Off and Lot Line Change of Edward Booth Located n/o CR 48, w/o Mt. Beulah Ave. and s/o Sound View Ave., in Southold SCTM#1000-51-2-7 & 8 Zone: A-C Dear Ms. Sumner: The Southold Town Planning Board, is requesting the following edits to the map dated as last revised October 29, 2004: Please show SCTM# 1000-51-2-7 upon the map with a dashed (d.-a-marking a lot line change) property boundary. Include the notation "This area to b merged with SCTM# 1000-51-2-8". Please omit the phrase "open space" upon lot 1 and insert the phrase "Development Rights to be sold to the Town of Southold". As previously requested the Planning Board requests that the proposed driveway access to Lot 2 and Lot 3 be from Mt. Beulah Avenue. Please indicate proposed building envelopes and driveway locations upon the map. Please provide a covenant and restriction limiting access to the 3 acre building envelope to the existing 20' right-of-way over the western property boundary. Please 're-title map to read " Final Plat-Cluster Conservation Subdivision for Edward Booth". If you any questions, please do not hesitate to contact meat 765-1938. Sincerely, Mark Terr y Senior Environmental Planner cc: Melissa Spiro, Land Preservation Coordinator Message Page 1 of 1 Terry, Mark From: Spiro, Melissa Sent: Tuesday, December 21, 2004 8:53 AM To: Terry, Mark; Trezza, Anthony Cc: Doroski, Melanie Subject: FW: booth A second look at the map.... I noticed that he still hasn't put the small lot involved in the lot line change back on the map..... This doesn't mean anything for me (so I'm not going to do anything about it) but I think that it does have meaning for you.... -----Original Message----- From: Spiro, Melissa Sent: Tuesday, December 21, 2004 8:49 AM To: Terry, Mark; Trezza, Anthony Cc: Doroski, Melanie Subject: booth Hi, we received revised Booth maps yesterday. Just making sure that some went to you also. We had asked for minor"word" related revisions (like changing open space to dev rights, adding the certification, etc.) Also, please remember to make sure that your subdivision approval notes that the access to the 3 acre building envelope is via the existing right-of-way (the one with 10' on Booth property and 10' on adjacent property) Melissa VV', co 12/22/04 Message Page 1 of 1 Terry, Mark From: Spiro, Melissa Sent: Tuesday, December 21, 2004 8:49 AM To: Terry, Mark; Trezza, Anthony Cc: Doroski, Melanie Subject: booth Hi, we received revised Booth maps yesterday. Just making sure that some went to you also. We had asked for minor"word" related revisions (like changing open space to dev rights, adding the certification, etc.) Also, please remember to make sure that your subdivision approval notes that the access to the 3 acre building envelope is via the existing right-of-way (the one with 10' on Booth property and 10' on adjacent property) Melissa 12/22/04 wro F $uFFO(� OFFICE LOCATION: MELISSA A.SPIRO Q�� CD Town Hall Annex LAND PRESERVATION COORDINATOR `t` h ?� 54375 State Route 25 melissa.spiro@town.southold.ny.us c (comer of Main Road&Youngs Avenue) y Southold,New York Z Telephone(631)765-5711 p Facsimile(631)765-6640 y • O�� MAILING ADDRESS: P:O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD November 5, 2004 John T.Metzger,L.L.S. Peconic Surveyors,P.C. 1230 Traveler Street P.O. Box 909 Southold,NY 11971 �,nn Re: BOOTH,et al..to TOWN OF SOUTHOLD U NOV` 2,9N Development Rights Easement—21.8647 acres v I SCTM#1000-51-2-7&8 �— __-----------___JJJ Your file no. 03-172 Dear Mr.Metzger: rticipating in our Land Preservation Program by offering a The Booth family is pa development rights easement t!)the Town of Southold on part of their property referenced above. I have reviewed your map of a lot line modification and set off submitted to the Town's Planning Department. In addition to any modifications the Planning Board may require,please make the following addition/revision to your survey that is essential for preservation purposes: • Add"Town of Southold" and"Land America Commonwealth" to certification • Change language on Lot 1 to read"21.8647 acres—area of proposed conveyance of a development rights easement offered to the Town of Southold" Kindly send six(6)copies of a revised survey to me upon its completion.Any additional fee for your services pertaining to the development rights easement purchase can be submitted directly to the Town of Southold Land Preservation Department. Very truly yours, I Melissa Spiro /md cc: Planning Department Submission Without a Cover Letter Sender: Subject: (� SCTM#: 1000 - Date: - ` C)A Comments: _ �AS-f- Ft r MBoaro. 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner,whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently,there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data,it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ✓ Part 1 1:1Part 2 Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate),and any other supporting information,and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: ElA. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Set-off and Lot Line Change for Edward Booth Name of Action Town of Southold Planning Board Name of Lead Agency Bennett Orlowski Chairman Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer a�� ,A- ure of Re ponsible Officer in Lead Agency Signature of Pre er(If difte t from onsib officer) �Q � X � 1 website Date Page 1 of 21 Subinission Without a Cover Letter Sender: , � Subject: Uv (.�'fi1� SCTM#: 1000- ,51 9d-,3, Date:- Comments:4a4 l � I �c�Le l(64 wed T L OCT 1 5 2003 Southold Town Planning Board PLANNING BOARD MEMBERS BENNETT O O�O$UFFO(�COG P.O.Box 1179 Chairman o� ZJ� Town Hall, 53095 State Route 25 ti Southold,New York 11971-0959 RICHARD CAGGIANO • Telephone (631) 765-1938 WILLIAM J. CREMERS Fax(631) 765-3136 KENNETH L.EDWARDS Q MARTIN H.SIDOR ��.( `1►a PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 15, 2003 Ms. Marian Sumner c/o Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton, NY 11969 RE: Proposed Set-Off and Lot Line Change of Edward Booth Located n/o CR 48, w/o Mt. Beulah Ave. and s/o Sound View Ave., in Southold SCTM#1000-51-2-7 & 8 Zone: A-C Dear Ms. Sumner: The Southold Town Planning Board, at a meeting held on Tuesday, October 14, 2003, adopted the following resolutions: WHEREAS, this proposal will set off a 2 acre lot (Lot 3) from a 28.36 acre parcel which includes a 2 acre building envelope (Lot 1); and WHEREAS, the applicant proposes to sell Development Rights upon 22.8647 acres of Lot 1; and WHEREAS, this proposal also includes a lot line change that will transfer 43,590 sq. ft. from SCTM#1000-52-2-8 (Lot 1) to SCTM91000-52-2-7 (Lot 2) in the R-80 Zoning District resulting in a 1.5 acre lot (Lot 2); therefore be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration; be it further RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the plat, dated June 20, 2003, subject to the following conditions: Booth — Page Two — 10/15/03 1. The tax map is incorrect; please correct the tax map on the plat to read 1000-51- 2-7 and 1000-51-2-8. 2. The Planning Board requests that the proposed driveway access to Lot 2 and Lot 3 be from Mt. Beulah Avenue. Please indicate proposed building envelopes and driveway locations upon the plat. Sketch plan approval is conditional upon the submission of the final plat within six months of the date of sketch plan approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final plats, five (5) paper prints and three (3) mylars, must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. The Planning Board has reviewed the property and has decided that it is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required. The amount to be deposited with the Town Board shall be $5,000 ($5,000 per vacant lot in the subdivision). Payment is required prior to the final endorsement of the plat. Once we are in receipt of the above-requested information, the application will be scheduled for an upcoming Work Session. Very truly yours, Bennett Orlowski, Jr. Chairman encl. cc: Melissa Spiro, Land Preservation Coordinator OARD PLANNING B B ENNETTORLOWS BERSK�I,� �O�Qg11FF0(,�►coG p.0.Box 1179 Chairman y Town Hall, 53095 State Route 25 o y Southold, New York 11971-0959 RICHARD CAGGIANO v,O Telephone (631) 765-1.938 WILLIAM J.CREMERSKENNETH L. Fax (631) 765-3136 MARTIN H.SIDORRDs 'y,�0• �aO� PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant October 14, 2003 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 7 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed set-off and lot line for Edward Booth SCTM#: SCTM#s 1000-51-2-7 & 8 Zoning District: A-C Location: Located n/o CR 27, w/o Mt. Beulah Ave. and s/o Sound View Ave., in Southold SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposal will set off a 2 acre lot (Lot 3) from a 28.36 acre parcel which includes a 2 acre building envelope (Lot 1). The applicant proposes to sell Development Rights upon 22.8647 acres of Lot 1. This proposal also includes a lot line change that will transfer 43,590 sq. ft. from SCTM#1000-52-2-8 (Lot 1) to SCTM#1000-52-2-7 (Lot 2) in the R-80 Zoning District resulting in a 1.5 acre lot (Lot 2). SEAR Negative Declaration - Page Two Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed. No significant impacts have been identified through the coordination process. The determination was based upon the following: No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels will occur; nor will there be a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems as a result of this action. No significant removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on known threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources will occur. The proposed action is not adjacent to a Critical Environmental Area as designated pursuant to subdivision 617.14(g). The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. The proposed action will not impair the character or quality of important known historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. No major change in the use of either the quantity or type of energy will occur. No creation of a hazard to human health will occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. SEQR Negative Declaration - Page Three For Further Information: Contact Person: Mark Terry, Senior Environmental Planner Address: Planning Board Telephone Number: (631) 765-1938 Enc. cc: Sherry Aicher, DEC Stony Brook Walter Hilbert, Suffolk County Dept. of Health John Milazzo Esq., Suffolk County Water Authority Suffolk County Planning Commission Elizabeth Neville, Town Clerk Applicant c , / �QST�RU2 0th�� :.� 7 �O� H LOUR HER�fPG� October 9, Dennis Reimer,Assistant Manager OCT 14 2003 Suffolk County Water Authority ld Towq ho 624 Old Riverhead Road Southold Board Westhampton Beach,NY 11978 Re: Booth SCTM#'s: 1000-51-2-7 & 8; 1000-50-2-15 Dear Mr.Reimer: Per your request, enclosed please supplements to the Short Form Environmental Assessment Form for the above-referenced conservation projects. As you know, applications for set-offs and a lot line modification have been submitted to the Town of Southold and the Suffolk County Department of Health Services. The Booth's have proposed conservation plans for the properties as follows: SCTM#: 1000-50-2-15 A 2-acre set-off is proposed from the 8-acre parcel. The Booth's are donating a conservation easement to Peconic Land Trust to ensure that no further subdivision will be undertaken on this as well as their adjacent 5-acre parcel. SCTM#: 1000-51-2-7 & 8 The Booths are selling the development rights to Southold Town on approximately 22 acres of the property. A 3-acre development area will be retained on the large lot and a 2-acre lot will be set-off. A lot line modification will move existing SCTM#: 1000-51-2-7 off of Soundview Avenue to Mt. Beulah Avenue. Per discussions with staff,we are anticipating approval of a negative declaration at the October 14th Southold Planning Board meeting. Please contact me as soon as possible at 283- 3195 ext. 26 with any questions. Thank you for expediting this conservation-related request. Sincerely, Marian P. Sumner Director of Conservation Programs Enclosures cc: John Milazzo Mark Terry, Southold Town Senior Planner 296 Hampton Road / PO Box 1776 1 Southampton,NY 11969 /631-283-3195 Fax:631-283-0235 / www.peconiclandtrust.org I. Cover Sheet A. Document: Supplement to Short Form Environmental Assessment Form B. Project: Booth Set-off and Lot Line Modification C. Location: Sound View Avenue,Mt. Beulah Avenue Southold,NY SCTM#: 1000-51-2-7 & 8 D.Lead Agency: Southold Town Planning Board PO Box 1179 Southold,NY 11971-1938 attn: Valerie Scopaz 631-765-1938 E. Preparer: Peconic Land Trust, as agent for Edward Booth, et.al. PO Box 1776 Southampton,NY 11969 attn: Marian Sumner 631-283-3195 ext. 26 F. EAF acceptance: Negative Declaration is expected at October 14,2003 Planning Board meeting II. Table of Contents and Summary A. Brief Description of Action This report is being prepared at the request of Suffolk County Water Authority and the Town of Southold's Planning Department as a result of the request for public water to three house lots that will have the potential to be developed as part of the proposed project. The Booth's are selling the development rights on 21.8 acres of the 28.36 acre property(SCTM#: 1000-51-2-8 ). As shown on the map, a 3-acre building envelop will be retained on Lot 1 (24.86 acres total). A 2-acre lot will be set-off from the original parcel (Lot 3). With regard to the lot line modification(SCTM#: 1000-51- 2-7), the plan calls for moving the approximately 0.5 acre parcel to the 1.5 acre lot identified as Lot 2 on the map. B. Significant,beneficial and adverse impacts The beneficial impact of the project is the retention of approximately 22 acres of farmland that will be protected through the sale of development rights. As far as any adverse impacts,the creation of one new lot would only slightly increase traffic generation. C. Mitigation measures proposed Due to the location of the site and consideration of area roadways, an increase in trip generation at the site would not be expected to have a significant impact on the area roadways. As the roadways allow good sight distance,no significant impact with regard to traffic generation is expected. D. Alternatives Considered An alternative to the current conservation plan would be increased density,possibly full-yield development(approximately13 lots). E. Matters to be decided(permits, approvals, funding) The proposed set-off requires Planning Board approval, as well as Suffolk County Department of Health Services approval. III. Description of the Proposed Action A. Project purpose need and benefits 1.Background These lands have been in the Booth family for several generations. The family has accepted the Town's offer to purchase development rights on 22.8 acres of this scenic property. Peconic Land Trust has been actively working the owner to develop the current conservation plan. The Booth's are selling the development rights on 21.8 acres of the 28.36 acre property(SCTM#: 1000-51-2-8). As shown on the map, a 2-acre building envelop will be retained on Lot 1 (24.86 acres total). A 2-acre lot will be set-off from the original parcel (Lot 3). The plan calls for moving the approximately 0.5 acre parcel (SCTM#: 1000-51-2-7) to the 1.5 acre lot identified as Lot 2 on the map. 2. Public need for the project, and municipal objectives based on adopted community development plans By protecting the majority of the land through the sale of development rights,the proposed project meets the objectives of the Town's Community Preservation Plan. 3. Objectives of the project sponsor Through the proposed plan,the Booth family is meeting conservation goals and estate planning concerns. 4. Benefits of the proposed action The proposed project protects scenic land and will help to maintain the Town's rural character. B. Location 1. The project site abuts North Road, Sound View Avenue and Mt. Beulah Avenue in Southold. The subject property can be more particularly described as SCTM#: 1000-51-1-7 and 8. The majority of the site is considered meadowland. The site does not contain any vegetated freshwater or tidal wetland. The site does not contain any known historically and ecologically significant resources. 2. Description of access to the site The property contains 611 feet of road frontage along North Road, 1019 feet of road frontage along Sound View Avenue and 1,788 feet of road frontage along Mt. Beulah Avenue. 3. Description of zoning The subject site is zoned R-80 Residential,which requires a minimum lot size of 80,000SF, or just slightly less than 2 acres in area. The proposed new lot to be set off is 2 acres. The lot line modification of SCTM#: 1000-51-1-7 from a.5 acre lot to a 1.5 lot makes the lot more conforming to zoning. As a benefit of the proposed application, approximately 22 acres of land will be preserved through the purchase of development rights within a portion of Lot 1. C..Design and Layout—see attached map 1. Total site area-28.36 acres a. proposed impervious surface area—none now b. amount of land to be cleared—none now c. open space—approx. 22 acres protected via sale of development rights 2. Structures a. layout of buildings--TBD b. site plans and profile view--TBD 3. Other D. Approvals Required - Southold Planning Board - SC Department of Health Services IV. Environmental Setting A. Water Resources (Groundwater) 1. Location and description of aquifers and recharge areas a. quality b. quantity c. seasonal variation d. depth to water table The elevation of groundwater beneath the subject site will be determined by test hole boring. The topographic elevation on site ranges from approximately 25 to 45 feet above msl. The direction of groundwater flow is expected to be towards the south. 2. Identification of present uses and level of use of groundwater a. private water supply Not applicable--the land is undeveloped. b.public water supply Public water may be available as per the existing and proposed Water Main map dated June 2000. c. location of existing wells Not applicable--the lots are undeveloped. d. agricultural uses The property is meadowland and per the plan, approximately 22 acres will be protected as such in perpetuity. e. commercial/industrial uses Not applicable. f, seasonal variation Not applicable. 3. Soils and Topography: The property does not contain any significant landforms or geological features. The Suffolk County Soil Survey(Warner, et.al., 1975) identifies the following soil types on the subject site: RdB — Riverhead sandy loam,3 to 8 percent slopes 15.7±acres, 56.7%of site. RdC— Riverhead sandy loam,8 to 15 percent slopes 0.3±acres, 1% of site. The hazard of erosion is moderately severe on this Riverhead soil. PmC3—Plymouth gravelly loamy sand,eroded,8 to 15 percent slopes 11.7±acres, 42.3% of site. The Riverhead series consists of deep,well-drained moderately coarse textured soils. Native vegetation consists of white, black,red and scrub oak. Haven soils have moderate to high available moisture capacity. Internal drainage is good, and natural fertility is low. The Plymouth series consists of deep, excessively drained, coarse-textured soils. Native vegetation consists of white,black and scrub oak as well as pitch pine. Plymouth soils have a low to very low available moisture capacity, and low natural fertility. The topography and soils on site do not appear to present development constraints. 4. Wetlands: As discussed above, the site does not contain vegetated freshwater and/or tidal wetlands. B. Land Use and Zoning 1. Existing land use and zoning a. description of the existing land use of the project site/surrounding area The project site is located in an area that contains a mix of residential and undeveloped vacant land. The dominant land use in the general area is residential, and the proposed application is consistent with surrounding uses. Residential uses abut the perimeters of the subject site with the exception of a open space parcel to the west of the property. b. description of existing zoning of site and surrounding area As stated above, the parcel is zoned R-80. The project is in harmony with various Town watershed management and land protection planning documents and initiatives by retaining a large contiguous area of open space. The land use and zoning impacts of the proposed project are expected to be non- existent. c. description of any affected agricultural district or other farmland retention program boundary in and surrounding the site Not applicable. 2. Description of any land use plans or master plans which include project site and surrounding area a. Southold master plan The property is identified on the Town's Community Preservation Fund map for protection. b. Southold water supply management and watershed strategy/ The project is not located with in the Special Groundwater Protection Area Plan. c. Special groundwater protection area plan The project is not located with in the Special Groundwater Protection Area Plan. C. Public Water Service 1. Existing facilities—NA/undeveloped 2. Current usage levels-NA/undeveloped 3. Projected future usage levels-water for 3 potential homes 4. Projected future facilities-public water for 3 potential homes V. Significant Environmental Impacts Identify those aspects of the environmental setting in Section IV that may be adversely or beneficially affected by the proposed action including cumulative impacts as measured against Southold Water Supply Management and Watershed Protection Strategy and provide discussion. Given the proposed conservation plan,there are only benefits associated with the proposed project. VI. Mitigation Measures to Minimize Environmental Impacts Describe measures to reduce or avoid potential adverse impacts identified in Section V. NA VII. Adverse Environmental Effects that Cannot be Avoided if the Project is Implemented NA VIII. Alternatives Full-yield development IX. Irreversible and Irretrievable Commitment of Resources NA X. Appendices (map attached) COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES LINDA MERMELSTEIN;M.D.,M.P.H. ACTING COMMISSIONER September 16, 2003 Mark Terry, Senior Environmental Planner Southold Planning Board Office PO Box 1179 Town Hall, 53095 State Route 25 D E U E Southold,New York 11971-0959 L� RE: Set-Off and Cluster Sub-division of Ed Booth SEP 2 5 2003 SCTM#: 1000-75-2-15, 7 & 8 1000-50-2-15 Southold Town Planning Board Dear Mr. Terry : The Suffolk County Department of Health Services (SCDHS) has received your letters dated August 12, 2003, concerning the above- referenced application, and has no objection to the Town of Southold Planning Board assuming lead agency. This correspondence is intended,primarily to expedite the procedural requirements of SEQRA pertaimn' g'to the establishment of lead agency. The comments provided below are,,therefore,general in nature,representing several of our most common concerns regarding Suffolk County projects. The department wishes, however, to reserve its right to provide more detailed information within the comment period(s) established for this action. I. Suffolk County Sanitary Code (SCSC) 1. The SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems, pursuant to the authority and requirements of Articles 4, 5, and 6 of the SCSC. Applications must comply with all relevant density and construction standards for water supply and sewage disposal. Applicants should not undertake the construction of, or connection to, either system without Health Department approval. 2. Our agency has received applications for the above-referenced project on July 2, 2003 (HD Ref# S 10 03 0009& 0019), as required by Article VI of the Suffolk County Sanitary Code. The ♦DIVISION OF ENVIRONMENTAL QUALITY*OFFICE OF ECOLOGY,*RIVERHEAD COUNTY CENTER♦'RIVERHEAD NY 11901-3397 Phone(631)852-2077 Fax-(631)852-2743 ' IL proposals are pending review with the Office of Wastewater Management. 3. Design and flow specifications, information regarding subsurface soil conditions, water supply information, and complete design details are essential to the review of this project, and are evaluated fully at the time of application review. Should the town require additional environmental information(such as a DEIS), discussion of the compliance requirements of the SCDHS should be required. In general, the department encourages the following land use measures be considered (where appropriate)to actions being reviewed pursuant to SEQRA. 1. Maximum practicable confinement of development to areas with,slopes of less than 10%. 2. Maximum use of native species for landscaping purposes. 3. Minimal use of fertilizer-dependant turf and landscaping. 4. Employment of stormwater runoff control measures necessary to maintain runoff,on-site. 5. Clustering of subdivision lots to provide for maximum preservation of large contiguous areas of dedicated open space The Department appreciates the opportunity to participate -in the SEQRA review of this proposal. Additional information may be provided prior to the close of the established comment period. Should you have any questions or require additional information,please feel free to contact the Office of Ecology at 852-2077. Sincerely, Mara Hogan Environmental Analyst Office of Ecology MH/amf cc: Kimberly Shaw Walter Hilbert, P.E. PLANNING BOARD MEMBERS O�OSUFFO(�CO P.O.Box 1179 BENNETT ORLOWSKI,JR. �/ Chairman = yJ.Z Town Hall, 53095 State Route 25 a Southold, New York 11971-0959 RICHARD CAGGIANO COD v. • Telephone (631) 765-1938 WILLIAM J.CREMERS Fax (631) 765-3136 KENNETH L.EDWARDS y Q� MARTIN H.SIDOR ��.( `t►a PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 10, 2003 Cynthia Caprise, Secretary Southold Fire District P.O. Box 908 Southold, New York 11971 Dear Ms. Caprise: Enclosed please find one (1) survey, dated 6/20/03, for the Set-Off for Edward Booth, located n/o CR 27, w/o Mt. Beulah Ave. & s/o Sound View Ave., in Southold. SCTM#1000-51-2-7 & 8 O The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether firewells are shallow or electric. ® The enclosed subdivision is being referred to you for your recommendation at to whether any firewells are needed. Please specify whether firewells are shallow or electric. Thank you for your cooperation. Very truly yours, Mark Terry Senior Environmental Planner enc. ''PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. P.O.Box 1179 Chairman G'y� Town Hall, 53095 State Route 25 o - Southold, New York 11971-0959 RICHARD CAGGIANO W Telephone(631) 765-1938 WILLIAM J.CREMERS ® ® Fax(631) 765-3136 KENNETH L. DS MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 12, 2003 Ms. Marian Sumner c/o Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton, NY 11969 RE: Proposed Set-Off and Lot Line Change of Edward Booth Located n/o CR 27, w/o Mt. Beulah Ave. and s/o Sound View Ave., in Southold SCTM#1000-51-2-7 & 8 - Zone: A-C Dear Ms. Sumner: The Southold Town Planning Board, at a meeting held on Monday, August 11, 2003, adopted the following resolution: WHEREAS, this proposal will set off a 2 acre lot (Lot 3) from a 28.36 acre parcel which includes a 2 acre building envelope (Lot 1); and WHEREAS, the applicant proposes to sell Development Rights upon 22.8647 acres of Lot 1; and WHEREAS, this proposal also includes a lot line change that will transfer 43,590 sq. ft. from SCTM#1000-52-2-8 (Lot 1) to SCTM#1000-52-2-7 (Lot 2) in the R-80 Zoning District; therefore be it RESOLVED, that the Southold Town Planning Board start the SEQR lead agency coordination process for this Unlisted Action. The plat has been referred to the Suffolk County Planning Commission, the Town of Southold Police, and the Southold Fire Department for review and comment. If you have any questions, please do not hesitate to contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. h� Gy P.O. Box 1179 Chairman c �t Town Hall, 53095 State Route 25 W Z Southold, New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J.CREMERS ?i ® Fax (631) 765-3136 KENNETH L.EDWARDS MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 12, 2003 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Set-Off and Lot Line of Ed Booth SCTM# 1000-51-2-7 & 8 Requested Action: This proposed set-off will subdivide a 2 acre lot (3) from a 24.36 acre parcel which includes a 2 acre building envelope and transferring 43,590 sq. ft. from SCTM# 1000.-52-2-8 to SCTM# 1000.-52-2-7 in the R-80 zoning district. This action will result in the creation of 1 new lot on the parcel. The Town of Southold will purchase the development rights on 22.80 acres of the 28.36 acre parcel. The property is located n/o C.R. 27, w/o Mt Beulah Avenue and s/o Sound Avenue in Southold SEQRA Classification: ( ) Type I (X) Unlisted Contact Person: Mark Terry, Senior Environmental Planner (631) 765-1938 x 243 Page 2 Lead Agency Coordination Request The lead agency will determine the need for any supplemental information on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. In addition please provide any information that should be considered during this review. Planning Board Position: ( X ) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( X ) Other (see comments below) The Planning Board assumed lead agency for the action on March 10, 2003. Comments: The proposed developable areas contain no known environmentally sensitive areas. Please feel free to contact this office for further information. Very truly errs! ennett Orlowski, Jr. Chairman cc: Joshua Y. Horton, Supervisor Southold Town Board Greg Yakaboski, Town Attorney Board of Trustees Building Department Southold Conservation Advisory Committee Melissa Spiro, Land Preservation Coordinator Suffolk County Department of Health Services NYSDEC - Stony Brook, Sheri Aicher $6 NYSDEC - New York Natural Heritage Program —Albany Suffolk County Water Authority, John Milazzo, Esq. New York State Department of Transportation *Maps are enclosed for your review Enc PART 1—PROJECT INFORN.,10N Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant eff, on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consider -as part of the application for approval and may be subject to further verification and public review. Provide any additiol information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not invol new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and spec each instance. NAME OF ACTION n Booth . . �uFl-- - - LOCATION OF ACTION(Include Street Address, Municipality and County) Soundview Avenue, Beulah Avenue& North Road; Southold; Suffolk NAME OF APPLICANTISPONSOR I BUSINESS TELEPHONE Peconic Land Trust , Inc . ( 63V 283-319 ADDRESS 296 Hampton Road, PO Box 1776 CITYIPO STATE ZIP CODE Southampton I NY 11969 NAME OF O:"INER(If different) i BUSINESS TELEPHONE Edward C Booth Jr . et al I ( ) 769-9596 ADDRESS 17235 Soundview Avenue CITY/PO STATE I ZIP CODE Southold I NY 11971 DESCRIPTION OF ACTION Sale of development rights on 24 . 8 acres and set-off of 2-acre lot on Beulah Avenue- Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: OUrban Olndustrial GCommercial 0esidential (suburban) ORural (non-fan OForest ❑Agriculture XXOther �L�S la� 2. Total acreage of project area: r�28 -- acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 2 _ acres acres Forested acres acres Agricultural (Includes orchards, cropland, fmsture, etc.) aces acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECI.) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: CRWell drained 100 9% of site ❑Moderately well drained °o of site OPoorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through -I of the N' Land Classification System? .. 16p— acres. (See 1 NY(:IZR. 370). 4. Are there bedrock outcroppings on project site? GYes kNo tea. What is depth to bedrock? (in feet) 2 S. Approximate percentage of I ed project site with slopes': d0-10° 0'-15°0 015% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the'Nation; Registers of Historic Places? OYes X3No 7.-Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes ®N 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ®Yes ONO 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Oyes (ENO 11. Does project site contain any species of plant or animal life that is identified as threatened or endangerec OYes :nNo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e,, cliffs, dunes, other geological formation: OYes 1z7N0 Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area OYes $]No If yes, explain 14. Does the present site include scenic views known to be important to the community? ®Yes ❑No 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existing public utilities? OYes 12No a) If Yes, does sufficient capacity exist to allow connection? ❑Yes ONO b) If Yes, will improvements be necessary to allow connection? ❑Yes ❑No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AP Section 303 and 304? jBYes ONO 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑Yes ONo 20. Has the site ever been used for the disposal of solid or hazardous wastes?_ ❑Yes QNo B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 1 3 acres. b. Project. acreage to be developed: L acres initially; —4— acres ultimately. 1 c. Project acreage to remain undeveloped � acres. CSee l0 l Y1e �1 led�- d. Length of project, in miles: (If appropriate) stkAo vote W sf i' e. If the project is an expansion, indicate percrnt of expansion proposed %; f. Number of off-street parking spaces existing proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing r.rnits: One Family Two Family 10111tiple Gamily CondominlUrn Initially `L Ultimately 2 i. Dimensions (in feet) of largest propotied structure height; width: length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 3 2. H,ow much natural rnateriti rock, earth, etc.) will be removed'frc �e site? tons/cubic yards l 3. Will disturbed areas be reclaimed? Dyes ONO ON/A a. If yes, for what intend. purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Oyes ONO c. Will upper subsoil be stockpiled for reclamation? Dyes ONO 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? OYes RINO 6. If single phase project: Anticipated period of construction months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? Dyes ONO 8. Will blasting occur during construction? Dyes ®No 9. Number of jobs generated: during construction after project is complete 10. Number of. jobs eliminated by this project n/a 11. Will project require relocation of any projects or facilities? Dyes ' C�No If yes, explain 12. Is surface liquid waste disposal involved? Dyes CRNO a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? Dyes ®No Type 14. Will surface area of an existing water body increase or decrease by proposal? ❑Yes 5ONO Explain 15. Is project or any portion of project located in a 100 year flood plain? Dyes ❑NO 16. Will the project generate solid waste?. Dyes ❑No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ❑Yes ONO c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑Yes ONo e. If Yes, explain 17: Will the project involve the disposal of solid waste? Dyes ONO a. If yes, what is the anticipated rate of disposal? tons/moiah. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? OYes ❑Nei 19. Will project routinely produce odors (more than one hour per day)? Oyes I9NO 20. Will project produce operating noise exceeding the local ambient noise levels? Oyes *X40 21. Will project result in an increase in criorgy user? [--]Yes ONo If-yes. , indicate type(s) 22. If water supply is from w,:Iki, inrlicatc fruml ing cajmc:ity [; rllunsjrnunrte. 23. Total anticipated water usage per clay gallon~/day. 24. Does project involve Local, State or Federal funding/ Oyes IRNo If Yes, explain Town of Southold Purchase of Development Rights 4 25. ,Approvals Requir-,d& � Submitta Type Date City, Town, Village Board {7Ye5 ❑No Mirchase cnf Dey R!4h%s —pt City, Town, Village Planning Board EYes ❑No _� "C��T ll - {YI y►'tCOt�tc4 � City, Town Zoning Board ❑Yes ❑No City, County Health Department fflYes ❑No Other Local Agencies ❑Yes g7No Other Regional Agencies ❑Yes -1�1No State Agencies ❑Yes $]NO Federal Agencies ❑Yes K]No C. Zoning and Planning Information 1 . Does proposed action involve a planning.or zoning decision? --EJYes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit C3subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? —_R-80 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 13 4. What is the proposed zoning of the site? samP S. What is the maximum potential development of the site if developed as permitted by the proposed zoning? n/a selling development rights C6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ®Yes 7. What are the predominant land uses) and zoning classifications within a Y. mile radius of proposed action? R-80 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1A mile? ®Yes 01 9. If the proposed action is the subdivision of land, how many lots are proposed? 1 new a. What is the minimum lot size proposed? 2 acres 10. Will proposed action require any authorization(s) for the formation of ,-wer or water districts? ❑Yes CRi 11 . Will the proposed action create a demand for any community provided services (recreation, education, polio fire protection)? Dyes ON a. If yes, is existing capacity sufficient to handle projected demand? Dyes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes KIN a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may-be any adver impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate avoid them. E. Verification I certify that the inforr71,1tion provided abovo is trui: to the best of my knowledge. Applicant/Sponsor Name nr _ Date Signature Title i rect9r—of Senservabien Rregrza If the action is iri the Coastal Area, and you ire a state agency, complete the Coastal Assessment Form before proceedir with this assessment. , PART 1—PROJECT 1NFOR. ,r,TION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant of on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considE -as part of the application for approval and may be subject to further verification and public review. Provide any additic information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not invc new studies, research or investigation_ If information requiring such additional work is unavailable, so indicate and spe each instance. NAME OF ACTION Booth ,J- Lthe .(IVle 1'iQrca-z� LOCATION OF ACTION (Include Street Address, Municipality and County) Soundview Avenue , Beulah Avenue& North Road; Southold ; Suffolk NAME OF APPLICANTISPONSOR BUSINESS TELEPHONE Peconic Land Trust , Inc. I ( 631) 283-319 ADDRESS 296 Hampton Road, PO Box 1776 CITY/PO i STATE I ZIP CODE Southampton NY 11969 NAME OF O INER(It different) i BUSINESS TELEPHONE Edward C Booth Jr . et al ( ) 765-9996 ADDRESS 17235 Soundyiew Avenue clrrlPo STATE i ZIP CODE Southold I NY 11971 DESCRIPTION OF ACTION 1/2 acre lot on Soundview Avenue to 1 . 5 acre lot on Beulah Avenue, and set—off of 2—acre lot on Beulah Avenue Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: OUrban ❑Industrial GCommercial L,•�esidential (suburban) ❑Rural (non-fa ❑Forest ❑Agriculture XROther 2. Total acreage of project area: G• acres. rr�g �Qh APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 015 .t?. acres acres Forested acres acre! Agricultural (Includes orchards, cropland, t):isture, etc.) acres acre! Wetland (Freshwater or tidal as per Articles 24, 25 of ECI_) acres acre! Water Surface Area acres acre: Unvegetated (Rock, earth or fill) acres acre! Roads, buildings and other paved surfaces acres acre! Other (Indicate type) ,acres acre! 3. What is predominant soil type(s) on project site? a. Soil drainage: IRWell drained 100 °/o of site OModerately well drained 4b of site OPoorIN, drained of site b. If any agricultural land is involved, how ninny acres of soil are classified within soil group 1 through •t of the t' Land Classification System? ---, __, acres. (See 1 NYCRR. 370). 4. Are there bedrock outcroppings on project site? Oyes ItNo .`. What is depth to bedrock? (in feet) 2 S. Approximate percentage of posed project site with slopes: /0.1. 0-10-15°0 015% or greater 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the'Natior Registers of Historic Places? Dyes X2No 7.-Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes ®P 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ®Yes ONO 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Dyes IRINo 11. Does project site contain any species of plant or animal life that is identified as threatened or endangere Oyes :nNo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formatior Dyes 1INO Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation are Dyes o If yes, explain 14. Does the present site include scenic views known to be important to the community? ®Yes 0N0 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existing public utilities? Oyes CNo a) If Yes, does sufficient capacity exist to allow connection? Dyes ONO ti b) If Yes, will improvements be necessary to allow connection? Dyes ONO 18. Is the site located in an agricultural district certified pursuant to Agriculture andMarkets Law, Article 25-A. Section 303 and 304? A3&e5 ONO 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article of the ECL, and 6 NYCRR 617? Dyes ONO 20. Has the site ever been used for the disposal of solid or hazardous wash? Dyes QNo B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 26 acres. b. Project. acreage to be developed: I-� _ acres initially; _J...5_ acres ultimately. c. Project acreage to remain undeveloped ."' acres. d. Length of project, in miles: _ (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed %; f. Number of off-street Larking spaces existing proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and lyLe of housing i.mits: Once Family Two family M(Iltiple family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure height; width; length. j. Linear feet of frontage along; a public thoroughfare project will occupy is? ft. 2. Now much natural neater e., ruck, earth, etc.) will b(! removed'._ the site? tons/cubic yard: 3. Will disturbed areas be reclaimed? Dyes ❑No ❑N/A a. If yes, for what intend, purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclaration? Dyes ❑No c. Will upper subsoil be stockpiled for reclamation? Dyes ❑No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. S. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Dyes KINo 6. If single phase project: Anticipated period of construction months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition: c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? Dyes ❑No 8. Will blasting occur during construction? Dyes ®No 9. Number of jobs generated: during construction ; after project is complete 10. Number of. jobs eliminated by this project n/a 11. Will project require relocation of any projects or facilities? Dyes - 12No If yes, explain 12. Is surface liquid waste disposal involved? Dyes IRNo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? Dyes ®No Type 14. Will surface area of an existing water body increase or decrease by proposal? GYes ENO Explain 15. Is project or any portion of project located in a 100 year flood plain? Dyes ONO 16. Will the project generate solid waste?. Dyes ❑No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? Dyes ❑No c. If yes, give name ; Iocatibn d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Dyes ❑No e. If Yes, explain 17. Will the project involve the disposal of solid waste? Dyes ❑No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? yc rrrs. 18. Will project use herbicides or pesticides? ' ❑Yes ❑No 19. Will project routinely produce odors (more than on(.- hour l,er day)? Dyes ®Nu 20, Will project produce operating noise exceeding the local ambient noise levels? Dyes Io 21. Will project result in an increase in enorgy a;(!? Dyes ❑No If yes. , indicate type(s) 22. If water supply i5 from well;, indicato mimpinr; cap.wity gallons/minuie. 23. Total anticipated water usage per day gallons day. 24: Does project involve Local, State or 17ederal funding' El yes 12N0 If Yes, explain _ _ _- 4 25. 'Approvals Required: Submitt. • - Type Date City, Town, Village Board ';Ycs I2fNo _ City, Town, Village Planning Board EYes ONO .City, Town Zoning Board Dyes ONo 7 tc�,t City, County Health Department F11Yes ONO 7 3 Other Local Agencies ❑Yes ENO Other Regional Agencies []Yes $]No" State Agencies' ❑Yes ENO, Federal Agencies ❑Yes XINO C. Zoning and Planning Information 1 . Does proposed action involve a planning.or zoning decision? T3Ye5 ONO If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit 12subdivision Osite plan ❑new/revision of master plan ❑resource management plan Oother 2. What is the zoning classification(s)of the site? —R-80 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? RRMP 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? C . 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ®Yes C 7. What are the predominant land use(s) and zoning classifications within a '/. mile radius of proposed'action? R-80 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/ mile? ®Yes C 9_ If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of'sekver or water districts? OYes 5 11 . Will the proposed action create a demand for any community provided services (recreation, education, pol fire protection)? ❑Yes ONO a. If yes, is existing capacity sufficient to handle projected demand? ❑Yes ONO 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes K] a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ONO D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adve impacts associated with your proposal, please discuss such impacts and the measures which you propose to rnitigatt avoid them. E. Verification certify that the information provided abovr is true to the best of my knowledge. Applicant/Sponsor Nam Date A 7/� Signature Title ni r_ect:or of Qenser-y tye�- If the action is in the Coastal Area, and you are a slate agency, complete the Coastal Assessment Form before proceed with (his assessment. / Submission Without a Cover Letter Sender: �2i��1 Subject: -0CD /W 96 OFFS P-- L oT C CWI E SCTM#: 1000- Date: Comments: f O/" U L 2 8 2003 Southold Town Planning Board APPLICANT 1 or✓ �{ p ni II1,ln�{11.� ji 'rRANSAC'rIONAI, I)ISCLOSURR PUfIFI l-�(J l 1V17 V�`•�6J1 l ` /,� The Town of Southold's Code of Ethics prohibits conflicts of interest on the part, of town officers and employees The Purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME- So, (/YI vUq—v 0 Ck(/1 (fast name, E rst name, middle ini i 1, unless you are applying in the name of someone else or other entity, such as a company. if so, incllcat:e the other person 's or company's name. ) NATURE UP APPLICATION: (Check all, that apply. ) Tax grievance Variance Change of zone Approval of plat Exemption from. plat or official map _ Other (If "Other," name the activity. ) Do you personally (or through your company, spoune, 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 T shares_ C(AQ� ;)�` 6--r, V —k:I�� A 1. .YES NO Ct/ INSu`L'T1 MJI —(i If you answered "YES, " complete the balance of this form and date and sign where indicated. Name of person employed by the Town or Southold UA4 (0,01 Title or position of that person Describe the relationship between yourself ( the applicant) and the town officer or employee. Either check the appropriate line A) through D) aiid/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 than 5% of the shares of the corporate stock of the applicant (when the appl.i Is a corporation) ; (� B) the legal or beneficial owner of any in noncorporate entiliy (when Lhe applicant r corporation) ; . 7 C) an officer, director, partner, or employ tl1e.,, applicant; or - D) the actual rn-r. �Gj- 2J✓l`l �� Snuthold Tows:, DESCRTPTION OF RM.,ATTON.13111l' - av Suhmltte(l this day oEY) Signal:nr.e _ 'CRUST20thqV+L w0Z F� a -C 75 M SCOUR HER� July 1, 2003 Honorable Bennett Orlowski, Jr. Town of Southold Planning Department 53095 Main Road PO Box 1179 Southold,NY 11971 Re: Booth Set-off& Conservation Subdivision SCTM#'s : 199 SO 2 1_-& 1000-51-2-7 & 8 Dear Chairman Orlowski: Enclosed please find applications for the above-referenced projects. Thank you for your input during prior Planning Board work sessions. As you are aware, in the Set-off application, a 2-acre parcel will be set-off from the existing 8-acre parcel. Per our discussion,the Booths are executing a conservation easement on the property to Peconic Land Trust to eliminate all but 2 development rights. With regard to the Booth Minor Subdivision, in order to protect the property, the Booths are selling the development rights on 22.8 acres of the 28.36 acre property. As shown on the map, a 2-acre building envelop will be retained on Lot 1 (24.86 acres total). The project also calls for a lot line modification—moving the approximately 0.5 acre parcel(SCTM 1000-51-2-7) to the 1.5 acre lot identified as Lot 2 on the map. A 2-acre lot will be set-off from the 28.36 acre parcel (Lot 3). Thank you for your facilitation of these conservation projects. If you need any additional information,please do not hesitate to contact me at 283-3195 ext. 26. Sincerely, /"Zoz�w_ I r Marian P. Sumner Director of Conservation Programs cc: Mark Terry FR 6 T U L 1 2003 Southold Town Planning Board 296 Hampton Road I PO Box 1776 1 Southampton,NY 11969 1631-283-3195 Fax:631-283-0235 I www.peconiciandtrust.org SVFFO( OFFICE LOCATION: MELISSA A.SPIRO li Town Hall Annex Wff- melissa.spiro@town.southold.ny.us PRESERVATION COORDINATOR h� yam► 54375 State Route 25 melissa.spiro@town.southold.ny.us ti. '� (corner of Main Road&Youngs Aven�T 2 Southold,New York Telephone(631)765-5711 p Facsimile(631)765-6640 'f' Q�� MAILING ADDRESS: P.O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing i Town Comptroller Stewardship Manager E.� i JUN 1 5 2005 Suffolk County Division of Real Estate { From: Melissa Spiro, Land Preservation Coordinator Southold To-an Planri„�Goan J Date: June 14,2005 Re: BOOTH to.TOWN OF.SOUTHOLD. SCTM#1000-51-2-7&plo 8 Please be advised that the Town has acquired the development rights on the agricultural farmland listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 15780& 17240 Sound View Avenue, Southold PROPERTY OWNERS: Edward C. Booth and Patricia S. Booth, his wife PURCHASE DATE: Closing took place June 14,2005 PURCHASE PRICE: $801,212.80 (based on 21.6544 buildable acres @$37,000/acre) EASEMENT AREA: 21.8647 acres(includes .2103 acre right-of-ways) FUNDING: Community Preservation Funds MISCELLANEOUS: This property is part of a conservation subdivision that received final approved from the Planning Board on June 13,2005,dividing the 28.3647 acre parcel into Lot 1 (24.8647 acres development rights easement to Town), a building envelope within Lot 1 (3.0 acres), Lot 2 (1.5 acres), and Lot 3 (2.0 acres).This property is listed in the Town's Community Preservation Project Plan. CLOSING STATEMENT Edward C. Booth, Sr. and Patricia S. Booth to TOWN OF SOUTHOLD DATE: June 14 @ 1:00 P.M. PLACE: Office of the Department of Land Preservation Main Road Southold, New York SELLER: Edward C. Booth, Sr. and Patricia S. Booth SELLERS'ATTORNEY: Rudolph Bruer, Esq. PURCHASER: Town of Southold PURCHASERS'ATTORNEY: Lisa Clare Kombrink, Esq. TITLE COMPANY REP.: Karen Hagen PREMISES: 17580 Soundview Avenue, Southold SCTM#: 1000-51-2-7 & part of 8 SALES PRICE: $801,212.80 Plus adjustments due Seller $ 4,100.00 (re: survey reimbursement) DUE SELLER AT CLOSING: $805,312.80 Check # 081861 Made Payable to Edward C. Booth, Sr. and Patricia S. Booth $805,312.80 PAID SELLER AT CLOSING: $805,312.80 Additional Costs of Purchase: Check #081864 Made Commonwealth Land Title Insurance Company $ 3,935.00 Fee Policy Premium - $3,720.00 Recording Fee $ 200.00 Certified Copy $ 15.00 Check #081866 Made Payable to Karen Hagen $ 100.00 Per Diem/Title Closer .uy I BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS FORM 8007 CAUIION:'Il IIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING. THIS INDENTURE, made the ��k day of 2ea � between EDWARD C. BOOTH JR.., residing at 17235 Soundview Avenue, Southold,New York 11971, as to MICHAEL S. BOOTH,residing at 17235 Soundview Avenue, Southold, New YorK 1 1971, as to , MARGOT W. BOOTH, residing at 3635 Old North Road, Southold,New York 11971, and KATHERINE B. COHEN, residing at 1313 Great Plain Avenue,Needham, MA 02194 party of the first part, and EDWARD C. BOOTH AND PATRICIA S. BOOTH, his wife, both residing at 17235 Soundview Avenue, Southold,New York 11971 party of the second part, WITNESSETH, that the party of the first part, in consideration of TEN DOLLARS ($10.00), lawful money of the United States,paid by the party of the second part, does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land,-with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point formed by the intersection of the northerly side of North Road with the westerly side of Mt.Beulah Avenue; RUNNING THENCE along the northerly side of North.Road North 70 degrees 52 minuteS 00 seconds Wcst 310.00 feet to land now or formerly of Sander; RUNNING THENCE along land now or formerly of Sander the following three(3) courses and distances: 1. North 19 degrees 08 minutes East 210.00 feet; 2. North 86 degrees 17 minutes 20 seconds West 150.42 feet; 3. ,youth 19 degrees 08 minutes West 170.00 feet to the northerly side of North Road; RUNNING THENCE along the northerly line of North Road North 70 degrees 52 minutes 00 seconds West 300.82 feet to land now or formerly of Donopria; THENCE along land now or formerly of Donopria North 14 degrees 24. minutes 30 seconds West 1267.07 feet to the Southerly side of Soundview Avenue; RUNNING THENCE along the southerly side of Soundview Avenue North 73 degrees 27 minutes 30 seconds East 2.75.00 feet to the land nor or formerly of Wiley; ... RUNNING THENCE along land now or formerly of Wiley the following three courses and distances; 1. South 16 degrees 32 minutes 30 seconds East 150.00 feet; 2. North 73 degrees 27 minutes 30 seconds East 145.00 feet; 3. North 16 degrees 32 minutes 30 seconds West 150.00 feet to the southerly side to Soundview Avenue; RUNNING THENCE along the southerly side of Soundview Avenue the following two (2) courses and distances: 1. North 73 degrees 27 minutes 30 seconds East 465.26 feet; . 2. North 63 degrees 09 minutes 00 seconds East 134.57 feet to the westerly side of Mount Beulah Avenue; RUNNING THENCE along the westerly side of Mount Beulah Avenue South 1 degree 56 minutes 40 seconds East 1788.81 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated 4/19/99 and recorded on 8/20/99 in Liber.11983. Paee 981. Said premises being all the interest of the party of the first part in an into the premises being conveyed herein; TOGETHER with all right,title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the parry of the first part, covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, exce"it:: as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the parry of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read"parties" whenever the sense of this indenture so requires. . IN WITNESS WHEREOF,the parry of the first part has duly executed this deed the day and year first above written. IN PRESE CE OE C` Edward C. Booth Jr. Michael S. Booth B 6�-- Marg t W.Booth katherine B. Cohen STATE OF :ss. COUNTY OFeVQrc1 On the V(L;k day of mrch, 2b fore me, the undersigned, a Notary Public in and for said State,personally appeared Edward C. Booth Jr., personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose name are subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individuals;o person upon behalf of which the individual,acted, executed the in trument. Sath Ane RIvM corfllms F.rpires•Mar 25,21D013 /✓f,, BoifitGh+1bm 1 TARY PUBLI STATE OF :ss. COUNTY OF aWs On the day of ,400*before me,the undersigned, a Notary Public in and for said State,personally appeared MICHAEL S. BOOTH,personally known to me or proved to me on the basis of satisfactory evidence to be-the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,the individuals, or the person upon behalf of which the individual acted, executed the instrument. BONNIE J.DOROSKI Notary Public,State Of New York No.01D06095328,Suffolk County NOTARY LIC Term Expires July 7,20 0a yf ATE OF NEW YORK Jo :ss. COUNTY OF SUFFOLK On the 1 day of ApWL3 1,.2005 before me, the undersigned, a Notary Public in and for said State, personally appeared Margot W. Booth personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose names is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individuals, or the person upon behalf of which the individual acted, executed the instrument. I�OtARY PUBLIC John M.Judge NOTARY PUBLIC,State of New York No.01JU6059400 Qualified In Suffolk Count Commission Expires May 9,20 � State of OtA) �' ss:County of Su fW�L On then Sday of M af�l in the year 200,5;before me, the undersigned, personally appeared KATHERINE B. COHEN,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me the she executed the same in her capacity, that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, execute th -1 strument, and that such individua rgade such appearance before the undersigned in the city of �UUo�4 and the state of GL SUSAN K TOOKER NOTARY PUBLIC,State of New York D�� Na.01T05078120 Qualified in Suffolk County Commission Expires May jq, / OTARY PUBLIC 5 r.. a BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS FORM 8007 CAUTION:THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING. i l THIS INDENTURE,made the °� day of 1QhC , 2005, between y� 1: Edward C.Booth Jr.,residing at 17235 Soundview Avenue, Southold,New York 11971 Michael S. Booth,residing at 17235 Soundview Avenue, Southold,New York 11971 ' Margot W. Booth residing at 3635 Old North Road Southold New York 11971 g � g , t Katherine B. Cohen,residing at 38 Parish Road,Needham,MA 02194 r�'J tj party of the first part, and Edward C. Booth Sr., residing at 17235 Soundview Avenue, Southold, NY 11971 Patricia S. Booth,residing at 17235 Soundview Avenue, Southold,New York 11971 party of the second part, WITNESSETH,that the party of the first part, in consideration of TEN DOLLARS ($10.00), lawful money of the United States,paid by the party of the second part, does hereby grant and release unto the party of the second part,the.heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being at Southold, in the Town of Southold, County of Suffokl and State of New York,bounded and described as follows; BEGINNING at a point on the southerly line of Soundview Avenue a distance of 599.83 feet westerly along said southerly line from the westerly line of Mount Beulah Avenue, from said point of beginning running along land of Clement W.Booth three courses as follows: 1. South 16 degrees 32 minutes 30 seconds East, a distance of 150.00 feet; 2. South 73 degrees 27 minutes 30 seconds West, as distance of 145.00 feet; 3. North 16 degrees 32 minutes 30 seconds West, a distance of 150.00 feet to said southerly line of Soundview Avenue; THENCE along said southerly line,North 73 degrees 27 minutes 30 seconds East, a distance of 145.00 feet to the-point of BEGINNING; SUBJECT to,covenants and restrictions contained in Deed from Clement W. Booth to Esther B. Wiley dated 8/10/64 and recorded on 9/4/64 in Liber 5608,Page 331. BEING AN D INTENDED TO BE the same premises conveyed to the party of the first part by deed dated 3/13/98 and recorded on 4/l/98 in Liber 11886,Page 367. TOGETHER with all right,title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the,party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any..way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of.the improvement before using any part of the total of the same for any other purpose. The word"party" shall be construed as if it read "parties"whenever the sense of this indenture so requires. :1 IN WITNESS WHEREOF,the parry of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Edward C. Booth Jr. Michael S. Booth Mar of W. Booth Katherine B. Cohen �i TY OF On the �\ day of fY)Q(C� , 2005 before me,the undersigned, a Notary Public in and for said State,personally appeared Edward C. Booth Jr. personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individuals, or the person.upon behalf of which the indiv' ual acted, executed he,instrument. K2ther1ne Riv Co=j-mca#DD303870 l�J1ry Expires��1bru•li�Iarr�2�5�,20-38 p V 17 •,,,,,,,,, ;��,�Co.,irsc. O ARY PUBLIC STATE OF NEW YORK :ss. COUNTY OF SUFFOLK On the ),�A' day of Ho-,-j •,2005 before me,the undersigned, a Notary Public in and for said State, personally appeared Michael S. Booth personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names.are subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,the individuals, or the person upon behalf of which the individual acted, executed the instrument. BONNIEJ.DOROSIO Notary Public,State Of Newyork NOTARY LIC No.01DO6095328,Suffolk my Term Expires July 7,20 O' STATE OF NEW YORK : :ss. COUNTY OF SUFFOLK On the `1 day of A?a s 1 ,2005 before me,the undersigned, a Notary Public in and for said State, personally appeared Margot W. Booth personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose names is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individuals, or the, person upon behalf of which the individual acted, executed the instrument. John M.Judge + NOTARY PUB State of New York, LIC, No. 01 J U6059400 Qualified In suffoik County ARY pUBL Commission Expires May 29,20 O_� TWTState of o a wg6,r-L ss: County of Sl� l On the 2Sday of in the year 200,9 before me,the undersigned, personally appeared KATHERINE B. COHEN,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me the she executed the same in her capacity,that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the nstrument, and that such individual made such appearance before the undersigned in the city of -So and the state of N1Qv)`t.6,`ff' SUSAN K�VOOKER NOTARY PUBLIC,State of New York No.01T05078120 Qualified in Suffolk County / Commission Expires May I q,2L-o7 ARY PUBLIC DOI,,CAI 6dL(C— . GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the day of June, 2005 at Southold, New York. The parties are Edward C. Booth, Sr. and Patricia S. Booth, both residing at 17235 Soundview Avenue, Southold, New York 11971, ("Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York ("Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, more fully . described in SCHEDULE A attached hereto and made a part hereof, and a survey dated June 20, 2003, and last revised / 2--(, Zoo S, prepared by Peconic Surveyors, P.C., and hereinafter.referred to as the "Property"; and i WHEREAS, the Property is located in the AC 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 Code of the Town of Southold, Section 100-30. The Property is designated as part of Suffolk County Tax Map Parcel Number !oop- 571- 2-- 1 ; and Flo ►moo-Sk -z-e WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property as scenic open space as defined in the Town Code of the Town of Southold, or in an agricultural capacity as defined in this Easement; and WHEREAS, the Property is currently undeveloped and open; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and Section 272-a of the Town Law to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and open condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any extensive development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of eight hundred and one thousand, two hundred twelve dollars and 80/100 ($801,212.80) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic or agricultural values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural, and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of Federal, New York State and local conservation policies. 0.04 Governmental Recognition 2 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, Article 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 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are 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 delivery of this Development Rights Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, a survey dated June 20, 2003, and last revised , by Peconic Surveyors, P.C. and an Environmental Site Assessment dated November 19, 2004 by Nelson, Pope & Voorhis, LLC. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs, or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definition "Development Rights" shall mean the right to prohibit or restrict the use of the Property for anything other than open space, as that term is presently defined in §247 of the General Municipal Law and/or Chapter 59 of the Town Code of the Town of Southold (the "Code") and/or agricultural production as that term is presently referenced in Section 247 of the New York General Municipal Law and/or defined in Chapter 25 of the Town Code. 1.03 Duration 3 This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures Except as provided in Section(s) 4.07, the construction or placement of residential, commercial, industrial or other buildings, structures, or improvements of any kind or nature (including, but not limited to mobile homes), permanent or temporary, on, over, or under the Property, shall be prohibited. Structures and improvements, including, but not limited to, driveways and agricultural structures as they may be permitted in Section(s) 4.07 hereof, shall not be erected on, over, or under the Property without the prior written approval of the Grantee, as may be required by the Code of the Town of Southold and the Town Land Preservation Committee or its successor committee. Such approval may be granted if the structure does not defeat or derogate from the purpose of this Easement or other applicable laws. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under the ground or upon another structure or building, including berms, driveways or walkways. 3.02 Excavation and Removal of Materials; Mining The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the 4 Property and for purposes of erosion control and soil management, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law, or with written consent of the Purchaser. 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 shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices, including fertilization and composting. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Landscaping Activities The removal of trees, shrubs, or other vegetation from the property shall be prohibited except as provided in Section 4.04. Notwithstanding this provision, the property may be cleared in connection with agricultural production, as that term is referenced in §247 of the General Municipal Law and/or defined in Chapter 25 of the Town Code. 3.07 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Property shall be prohibited without the prior written consent of the Grantee. Utilities located on the interior of the Property (i.e., not along street boundaries) must, to the extent possible, be constructed within 30 feet of the centerline of roads or driveways. Any utilities must be used solely to service the permitted structures and must be related to use of the property for agricultural production or equine and livestock activities. 3.08 Prohibited Uses The use of the Property for any residential, commercial or industrial uses and structures related to those uses, permanent or temporary, shall be prohibited. For the purposes of this section, agricultural production, including but not limited to the raising of crops, livestock and livestock 5 products, as the term is referenced in Section 247 of the General Municipal Law and/or defined in Chapter 25 of the Town Code shall not be considered a commercial use. Notwithstanding anything to the contrary herein, a Farmstand may not be constructed on the property, whether as a permanent or temporary structure. 3.09 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the U.S. Department of Agriculture's National Resource Conservation Service. 3.10 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited, except to service the permitted structures. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.11 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any structures, as such right may be provided in Section 4.07, and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York, State, or federal law. Notwithstanding, this Easement shall not prohibit use of the 15' right of way beginning at Sound view Avenue and the 10' right of way beginning at North Road, both shown 6 i on the survey June 20, 2003, and last revised A` �7 by Peconic Surveyors, P.C. for access to the three (3) acre "b ilding envelope" shown on the same survey. 4.04 Landscaping Activities Grantor shall have the right to continue the current 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, decayed or damaged, to thin and prune trees to maintain or improve the appearance of the property, to mow and to cut trails. Grantor shall have the right to cut new growth less than four (4) inches in diameter at breast height and to remove exotic or invasive species including, but not limited to wild cherry, mulberry, oilanthus and locust. 4.05 Agricultural Activities Grantor shall have the right to engage in all types of agricultural production as the term is referenced in Section 247 of the General Municipal Law and/or defined in Chapter 25 of the Town Code, provided that such activity shall be conducted in accordance with the purposes of this Easement. Agricultural structures, as provided in 4.07, and as may be reasonably necessary in connection with agricultural use and the maintenance of the Property may be constructed, maintained or replaced by Grantor with the prior written approval of the Grantee and subject to appropriate governmental approval, including the Town of Southold Land Preservation Committee or its successor committees. 4.06 Equine and Livestock Activities In addition to the Agricultural Activities described in ¶4.05 above, Grantor shall have the right to use the Property for horse pasture, horse riding, horse breeding, or the breeding of any livestock. 4.07 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property with the prior written approval of Grantee, as such approval may be required by the Code of the Town of Southold and the Town Land Preservation Committee or its successor committee. Approval may be granted and will not be unreasonably withheld if the structure or improvement does not defeat or derogate from the purpose of this Easement or other applicable laws. These structures and improvements include: (i) Underground facilities normally used to supply utilities, remove sanitary sewage effluent and/or control stormwater runoff from the improvements permitted under the terms of this paragraph A and B; (ii) Fences, if placed so as not to block or detract from the scenic view. (iii) Agricultural structures that are necessary, incidental and accessory to the agricultural activity on the Property; (iv) Access drives, to provide access to the improvements permitted herein, a trail for non-motorized vehicles or for foot traffic only, 7 for the sole use of the owners, their successors and assigns, and their tenants, occupants, and invitees. B. Replacement of Improvements: In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted within the same general location, subject to the review and written approval of Grantee. C. Environmental Sensitivity During Construction: The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 4.08 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 environmental, scenic, open space, and agricultural values which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.07 herein. Grantor shall provide Grantee with complete documentation including any applications, information on the need for and use of such structures, and architectural plans of any proposed structures, if applicable. This notice is in addition to any other governmental applications and/or approvals that may be required by this Easement or by the Town Code of the Town of Southold. 4.09 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments. 8 The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens, except those arising from Grantee's negligence, to Grantee or any of its officers, employees, agents or independent contractors arising from the physical maintenance or condition 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. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, except those arising from Grantee's negligence, 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 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 SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior written notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes or to permit access upon the Property by the public. Access to Grantee shall be limited to two (2) times per year, unless Grantor is in violation of this Easement. 6.02 Maintenance Grantee shall have the right to require the Grantor to maintain the Property in the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property . resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property resulting from such causes. 6.03 Enforcement Rights of Grantee 9 Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not 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 fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the 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, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (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 attorneys' fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section, if Grantee is the prevailing party as determined by a court of competent jurisdiction. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not 10 constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment This Easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.06, 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 and potentially 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 by a judicial proceeding, Grantor shall pay to Grantee an amount equal to the Proportionate Share of the fair , market value of the Property at such time. In the event of a sale by Grantor to an unrelated person subsequent to such extinguishment, or a transfer made on account of the exercise of the power of eminent domain, the sale price or condemnation award shall establish fair market value. Absent such a sale, the Property's fair market value shall be established by independent appraisal. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement may be amended only with the written consent of Grantee and current Grantor and in accordance with common and statutory law applicable to the modification of covenants and restrictions running with the land. Any such amendment shall be consistent with the purpose of this Easement and shall comply with the Conservation Law or any regulations promulgated thereunder. Any such amendment shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170(h) (the "Code"). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 25 or 57 of the Town Code of the Town of Southold, as applicable, following a public hearing and, 11 thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of said Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law New York Law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its IN WITNESS WHEREOF, 12 Grantor has executed undelivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: BY: 21,600 C, T21� Edward C. Booth, Sr. (Grantor Patricia S. Booth (Grantor) TOWN OF SOUTHOLD(Grantee) BY: L� I • �` 1 Martirf H. Sidor Deputy Town Supervisor 13 STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this /4y ofJ�k/�In the year 2005 before me, the undersigned, personally appeared Martin H. Sidor, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 / Notary Public Qualified in Suffolk County Gs��, Commission Expires March 21, . STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this /`/' day ofj'U,4si_ in the year 2005 before me, the undersigned, personally appeared Edward C. Booth, Sr., personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffolk County Notary Public Commission Expires March 21,20 �26 STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: s On this�� day of f6/\\Q, in the year 2005 before me, the undersigned, personally appeared Patricia S. Booth, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument KAREN J. HAGEN OTARY PUBLIC, State of New York NotaryPublic No. 02HA4927029 No. in Suffolk County Commission Expires March 21,20 c:/Anne/Town of Southold Master Documents/Booth Development Rights Easement June 6 2005 14 D f 'fir/ I� RECORDED Number of pages 2005 Ju j 13 10e 50 TORRENS 'dLo rd .Rmiai.rie CLERK O Serial# j!FFOLt., 1- DOOO121`nJL Certificate# P 939 Prior Ctf. # Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES /_� Page/Filing Fee Mortgage Amt.�= 1. Basic Tax Handling 5. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17 (County) Sub Total / `7 Spec./Add. EA-5217 (State) TOT. MTG. TAX R.P.T.S.A. 0— . c o Dual Town Dual County � Held for Appointment I Comm. of Ed. 5. 00 Transfer Tax Mansion Tax Affidavit The property covered by this mortgage is ertified Cop or will be improved by a one or two NYS Surcharge 15. 00 ? family dwelling only. Sub Total YES or NO Other Grand Total z If NO, see appropriate tax clause on Ld page# of this instrument d� 4 DisiN 1000 05100 0200 007000 $ Community Preservation Fund 1000 05100 0200 008000 Real Proper P T S Consideration Amount $ Tax Service P POL A Agency 13-JUN-05 CPF Tax Due $ Verification Improved Vacant Land 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: TD TD VDh)x TD SO 7 Title Company Information Co. Name Title# Suffolk County recording & Endorsement Page This page forms part of the attached 1A L 061 a..1 2 made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. _ TO In the Township of In the VILLAGE �\ or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) JUN. 14. 2005 12:29PM CLT`" °< VERHEAD N0. 449 P. 3 File No; M1043019SS SCHEDULE A . DESCRIPTION AMENDED 06/14/05 ALL that certain plot, piece or parcel of land, with the improvements thereon erected, situate lying at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: Y 9 and being BEGINNING at the corner formed by the Intersection of the Southerly side of Sound View Avenue and the Westerly side of Mt. Beulah Avenue; RUNNING THENCE South 01 degrees 56 minutes 40 seconds East along said Westerly side of M Avenue, 1073.71 feet; t. Beulah THENCE South 88 degrees 03 minutes 20.seconds West, 213,94.feet; THENCE South 1 degree 56 Minutes 40 seconds East, 406.62 feet, to a concrete monument; THENCE North 86 degrees 17 minutes 20 seconds West, 150.42 feet to a concrete monument; and THENCE South 19 degrees 08 minutes 00 seconds West, M.00 feet to a concrete monument Northerly side of'North (C.R. 27) road; ment on the RUNNING THENCE North 70 degrees 52 minutes 00 seconds West along the Northerly side of North Road, 3g0.82 feet to land now or formerly of R.J. & H, Donopria, h (C,R. 27) RUNNING THENCE North 14 degrees 24 minutes 30 seconds West along said land now or Donopria, 466.03 feet; formerly of R.J. & H. RUNNING THENCE along other land of the party of the first part the following three (3) courses an 1) North 75 degrees 35 minutes 3Q seconds East, 261.36 feet; d distances: 2) North 14 degrees 24 minutes 30 seconds West, 500.00 feet; and 3) South 75 degrees 35 minutes 30 seconds West, 261.36 feet again to land now or formerly of R.7. & H. Donopria; RUNNING THENCE North 14 degrees 24 minutes 30 seconds West along said last mentioned land and later along land now or formerly of H.V. Miepus & M.G. Ellis, Avenue; 300.00 feet to the Southerly side of Sound View RUNNING THENCE North 73 degrees 27 minutes 30 seconds East along the Southerly side of Sound View Avenue, 885.26 feet; RUNNING THENCE North 63 degrees 09 minutes 00 seconds East still Avenue, 134.52 feet to the corner at the point or place o along said Southerly side of Sound View f BEGINNING. ALTA Owner's Policy (10-17-92) JUN, 14, 2005 12: 29PM CL'' - --VERHEAD N0, 449 P. 4 Fi10 IVo: RHO43O19SS" SCHEDULE A- DkSCR.YPTIQIV ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold County of Suffolk and State of New York, bounded and described as follows. BEGINNING at the corner formed by the intersection of the southerly side of Sound View Avenue and the westerly side of Mt. Beulah Avenue; RUNNING THENCE South 01 degree 56 minutes 40 seconds East along said westerly side of Mt. Beulah Avenue, 1787.84 feet to the northerly side of North (C.R. 27) Road; RUNNING THENCE North 70 degrees 52 minutes 00 seconds West along the northerly side of North (C.R. 27) Road, 310.22 feet to a concrete monument and land now or formerly of Booth;, RUNNING THENCE along said land now or for of Booth the following three (3) courses and distances.-, 1 North 19 degrees 08 minutes 00 seconds East, 210.00 feet to a concrete monument; 2. North 86 degrees 17 minutes 20 seconds West, 150.42 feet to a concrete monument; and 3. South 19 degrees 08 minutes 00 seconds West, 170.00 feet to a concrete monument on t northerly side of North (C. R.27) Road; he RUNNING THENCE North 70 degrees 52 minutes 00 seconds West along the northerly side of North (CA 27) Road; 300.82 feet to,land now or formerly of R, J. &H. Donopria; RUNNING THENCE North 14 degrees 24 minutes 30 seconds West along said last mentioned land and Inter along land now or formerly of H. V. Miepus & M. G. lrllis,1266,03 feet to the southerly side of Sound View Avenue; RUNNING THENCE North 73 degrees 27 minutes 30 seconds East along the southerly side of Sound.View Avenue, 885.26 feet; RUNNING THENCE North 63 degrees 09 minutes 00 seconds still along said southerly side of Sound View Avenue, 134.52 feet to the corner at the point or place of BEGINNING, ALTA Owner's Policy(10-17-92). TI115 PROPOSAL IS TO SET OFF A -�_ ACRE PARCEL FROM AN EXISTING I�vCRE P CEL LOCATED ON ._ - E P SCTIV - s1;T orF Complete application received N�Z �r�s.►7� � 3 Application reviewed at wort; session U N �R In cc U I .` OK o N Applicant advised of necessary revisions C) O Revised sub mission received �-• o I ua LI ❑ Sketch plan approval L 0 b 6 -with conditions i a) > Lead Agency Coordination SEQRA determination o Sent to Fire Commissioner Receipt of firewell location od ° Notification to applicant to include on final map o i, v Sent to County Planning Commission no ��) ems, U Iro.` [OK I' H . Receipt of County Report WIL • ��^ Inro. OK Review of SCPC report Draft Covenants and Restrictions received Inro� OK Draft Covenants and Restrictions reviewed Filed Coven U Covenants and Restrictions received Inro. cK �— Receipt of mylars and paper prints with Health approval Final Public Hearing � U Approval of set off -with conditions - Endorsement of set off � � 1� MS �Iyl�O PLANNING BOARD MEMBER SUFFO�� BENNETT ORLOWSKI,JR. �0 CQG Town Hall, 53095 State Route 25 Chairman P.O. Box 1179 WILLIAM J.CREMERS ti Southold,New York 11971-0959 KENNETH L.EDWARDS �- �? Telephbne(631) 765-1938 GEORGE RITCHIE]LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGIANO y PLANNING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form Name of Subdivision: Booth -5eJ---p f-F- Suffolk County Tax Map# 1000- 51 2-' Type of Subdivision: Major Minor Set-Off Lot-Line Cluster Subdivision: Yes No Hamlet: Southold Street Location: Soundview Avenue, Beulah Avenue and North Road Acreage:--2 8 Number of Lots: Z Zoning District: R-8 0 Date: 6/3 0/0 3 Please list name, mailing address, and phone number for the people below: (Edward C. Booth, Jr. et al) Applicant: Edward (- _ Rnn+-1i', FrIwa rr9 r _ Rnnt.h _ .:[r _ , Patrir`ia Booth Michael S . Booth, Margot W. Booth and Katherine B. Booth, 17235 Sn„n�miew Avenue, Southo].rifNv 11971 631-765-3556 Agent handling the application: _Peconic Land Trust- , Tnc./Marian P . Sumner (Contact Person) PO Box 1776 Southampton, NY 11969 631=283-3195 ext . 26 Property Owner(s): _�P e A gi2 l i c a n t Surveyor: aahn Meager _Peconic Surveyors PO Box 909 Southold , NY 11971 631-765-2954 Engineer: a s a ph F� i R r- i a t t i PO Box 616 Southold, NY 11971 631-765-2954 Attorney: _ Rudolph H. Bruer, Esa. PO Box 1466 Southold, NY 11971 631-765-1222 Other Agent(s): Has this property had a previous application to the Planning Board? Yes (No) Has this property previously received a SEQRA review? Yes (No) Have you had any pre-submission conferences with the Planning Board? ( Yes ) No Does this application have variances from the Zoning Board of Appeals? Yes (No) Appl. No. Date Is this property adjacent to any bodies of water? Yes (No) Are there any wetlands on the property? Yes ( No ) Are there public water mains in an adjacent street? Yes ( No ) Is public water proposed for the subdivision? Yes ( No ) Are there any existing easements on the property? Yes UNTO ) Is there a proposed sale of development rights on part of the property? (Yes ) No Is there a mortgage on the property? Yes ( No ) Does the owner own any adjacent properties? ( Yes ) No Are there any building permits currently pending on this property? Yes ( No ) Signature ofPreparer !`l' Date /,OS PART 1—PROJECT INFORM:.-.,:ON t Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effec on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considerec -as part of the application for approval and may be subject to further verification and public review. Provide any additiona information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify. each instance. NAME OF ACTION Booth LOCATION OF ACTION(Include Street Address, Municipality and County) Soundview Avenue Beulah Avenue& North Road; Southold; Suffolk NAME OF APPLICANTISPONSOR I BUSINESS TELEPHONE Peconic Land Trust, Inc. ( 631) 283-319 ADDRESS 296 Hampton Road, PO Box 1776 CITYIPO STATE I ZIP CODE Southampton I NY 11969 NAME OF OWNER(If different) ? BUSINESS TELEPHONE Edward C Booth Jr . et al ! ( 632 769-3996 ADDRESS 17235 Soundview Avenue CITYIPO STATE ZIP CODE I Southold I NY 111971 DESCRIPTION OF ACTION Sale of development riahts on 24.8 acres and set-off of 2-acre lot on Beulah Avenue- Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial ❑,residential (suburban). ❑Rural(non-farm ❑Forest ❑Agriculture XXOther ,;rpnin open space witb h 2. Total acreage of project area: N2 8 acres. Vt,LS 1,la APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) M ` _ acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECI.) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: (RWell drained 100 % of Site ❑Moderately well drained 4o of site ❑Poorly drained ";, of site b. If any agricultural land is involved, how many acres of sail are within soil group 1 through -i of the NYS Land Classification System? _L&-- acres. (See 1 NYCRR. 370), 4. Are there bedrock outcroppings on project site? ❑Yes MINI) �• What is depth to bedrock? (in feet) 2 'A 5. Approximate percentage of pr ed project site with slopes: /0-10-X '10-1510 % 015% or greater 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? OYes XINo 7.-Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? OYes ®No 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ®Yes ONO 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? OYes (ENO - 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? OYes nNo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e„ cliffs, dunes, other geological formations) OYes ZINO Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? OYes Z1�40 If yes, explain 14. Does the present site include scenic views known to be important to the community? ®Yes ONO 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existing public utilities? OYes M-40 a) If Yes, does sufficient capacity exist to allow connection? Oyes ONO b) If Yes, will improvements be necessary to allow connection? OYes ONO 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? iE36es ONO 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑Yes ONO 20. Has the site ever been used for the disposal of solid or hazardous wast*?_ Oyes QNo B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 1 3 acres. b. Project. acreage to be developed: +_ _ __ acres initially; _Ll— acres ultimately. T c. Project acreage to remain undeveloped 22 . 8 acres. Cst5� lOf kk"e OTP 16'a d. Length of project, in m ,u. iles: (If appropriate) V0,*1 -!5( frn �'��k� e. If the project is an expansion, indicate percent of expansiem proposed %; f. Number of off-street parking spaces existing; ; proposed g. Maximum vehicular trips generated per hoer (upon completion,of project)? h. If residential: Number and type of hr>using; units: One Family Two Family Multiple Family Condominium Initially Ultimately 2 i. Dimensions (in feet) of largest propo%ed structure height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 3 2. How much natural material rack, earth, etc.) will be removrrd fro ie site? tons/cubic yards 3 Will disturbed areas be reclaimed? Dyes ❑No ❑N/A a. If yes, for what intend~-' purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Dyes ❑No c. Will upper subsoil be stockpiled for reclamation? Dyes ❑No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Dyes ENO 6. If single phase project: Anticipated period of construction months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c- Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? Dyes ❑No 8. Will blasting occur during construction? Dyes ®No 9: Number of jobs generated: during construction ; after project is complete 10. ,lumber of, jobs eliminated by this project n.1a 11. Will project require relocation of any projects or facilities? Dyes CRNo If yes, explain 12. Is surface liquid waste disposal involved? Dyes ERNo a. If yes, indicate type of waste (sewage. industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? Dyes ®No Type 14. Will surface area of an existing water body increase or decrease by proposal? Eyes RNo Explain 15. Is project or any portion of project located in a 100 year flood plain? Dyes ❑No 16. Will the project generate solid waste?. Dyes ❑No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? Dyes ❑No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Dyes ❑No e. If Yes, explain 17: Will the project involve the disposal of solid waste? Dyes ❑No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? yarrs_ 18. Will project use herbicides or pesticides? ❑Yes ❑No A Will project routinely produce odors (more than on(! hour per day)? Dyes ERNo 20. Will project produce operating noise exceeding the local ambient noise levels? Dyes *-Xvo 21. Will project result in an increase in orwrgy LISO Dyes ❑No If-yes. , indicate type(s) 22. If water supply is from w-dl;, indicate trumping cap,ic:ity gallons/minute. 23. Total anticipated water usage per clay gallons/day. 24. Does project involve Local, State or Federal fcrnding/ Dyes RNo If Yes, explain Town of Southold Purchase of n v 1 Qpment Rights 4 o 25. Approvals Required: Submittal Type Date City, Town, Village Board -0Yes ❑No Pure-base of Dev RJ g la r, City, Town, Village Planning Board MYes ❑No 5—e-1—AF C. ll City, Town Zoning Board []Yes ❑No City, County Health Department fflYes ❑No Other Local Agencies []Yes ENo Other Regional Agencies ❑Yes -ENo. State Agencies ❑Yes f7No Federal Agencies ❑Yes X)No C. Zoning and Planning Information 1 . Does proposed action involve a planning.or zoning decision? )Yes ❑No If Yes, indicate'decision required: ❑zoning amendment ❑zoning variance ❑special use permit Csubdivision Osite plan Onew/revision of master plan ❑resource management plan ❑other 2. What is the zoning class ification(s)of the site? R—fan 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 13 4. What'is the proposed zoning of the site? Ramp 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? n/a sel 1 i ncr ri CYh a 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? MYes ONO 7. What are the predominant land use(s) and zoning classifications within a Y. mile radius of proposed action? R-80 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/. mile? . ®Yes ❑\o 9. If the proposed action is the subdivision of land, how many lots are proposed? 1 new a. What is the minimum lot size proposed? acres 10. Will proposed action require any authorization(s) for the formation of�,sewer or water districts? ❑Yes GhNo 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ❑Yes f2lo a. If yes, is existing capacity sufficient to handle projected demand? Dyes ONo 12. Will the proposed action result in the generation of traffic significantly-above present levels? ❑Yes :K]No a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures Which you propose to mitigate or avoid them. E. Verification certify that the information providc-cl above is true to the hest of my knowledge. Applicant/Sponsor Name Date Signature Title n; r-a—tor o€ Censer va a >=e s If the action is in the Coastal Area, and you are a ~tale agency, complete the Coastal Assessment Form before proceeding with this assessment. Town Of Southold !� P.O Box 1179 Southold, NY 11971 C"'A , * * * RECEIPT * * * Date: 05/12/05 Receipt#: 6912 Transaction(s): Reference Subtotal 1 1 Park& Playground 51-2-7 & $3,500.00 Check#: 6912 Total Paid: $3,500.00 M AY 13 2005 LL Southold T�::.. Name: Booth, Edward 17235 Soundview Ave. Southold, NY 11971 Clerk ID: LINDAC Internal ID:51-2-7&8 MAILING ADDRESS: PLANNING BOARD BO OOD MOEMBERS �USEO��O� SO�jyOlO South 1d,Box JERILNY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L.EDWARDS �O 54375 State Route 25 .MARTIN H.SIDOR �� (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON\ 00UNTY�� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED M AY 1 2 2005 To: Elizabeth Neville, Town Clerk From: Planning Department Southold Town Clerk Date: May 11, 2005 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project Type SCTM # Amount Check # Edward Booth Cons. Sub. 51-2-7 & 8 $3,500.00 6912 P & P Fee enc(s).- r Town Of Southold P.O Box 1179 Southold, NY 1,1971 * * * RECEIPT * * * Date: 07/21/03 Receipt#: 6836 r i Transaction(s): Subtotal 1 Application Fees $250.00 Check#: 6836 Total Paid: $250.00 i i r i }i 1 i 1= Name: Booth, Edward C. & Patricia 17235 Soundview Ave Southold, NY 11971-2839 Clerk ID: LINDAC Internal ID:79692 f 1 s. SUFFOLK COUNTY DEPARTMENT OF HEAL TH SERVICES HAUPPAUGE, N.Y. DA TE 4 A worm THIS 1S TO CERTIFY THA T THE PROPOSED REAL TY SUBDIVISION OR 4 DEVELOPMENT FOR IN THE WITH A TOTAL OF LOTS WAS APPROVED ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE DISPOSAL FACILITIES MUST CONFORM TO CONSTRUCTIONSTANDARDS IN EFFECTNvr A T THE TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO THOSE STANDARDS. THIS APPROVAL SHALL BE so�i0 VALID ONLY lF THE REALTY SUBDIVISION IDEVEL OPMENT MAP IS ,i DULY FILED WITH THE C011NTY CLERK W(TH1N ONE YEAR OF THIS DATE. CONSENT IS HEREBY GIVEN FOR THE FILING 0'F THIS MAP ON WHICH WELL rao•• cEsspooL Loc4na cw�RpOAY THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN 0 CESSPooL cEssPoot r�o� ter, cEssPoOi rso•• ' 0"" —_— ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEAL TH LAW AND THE Mh �p r ti VA • ' SUFFOLK COUNTY SANITARY CODE. \ wELL ° RIGHT OF- WA Y 51�� So / I I _ V/TO A. MINE/ P.E. VENUE , ;1788.81'YDEED)— DIRECTOR, DIVISION OF ENVIRONMENTAL QUALITY (� I 'I /��! BEULAH A �ENUE �I�787.84' ^i° ® o8.T2• � 10T3.71' \ \ 305.4I' y � `� �� 41 T.H. ( 06 Ch O N pb I \\\ \ 00 �_ I I! \\ \\\ \\\ O o O oo \\\ \\` M��• KEY PAP I HEREBY CERTIFY THAT THIS SUBDIVISION/ PLAT WAS MADE FROM � I /l ; \\ \\ W \\ o . N t' _ _ ACTUAL SURVEYS COMPL1 TED &/02/03: TH, T ALL MONUMENTS z I \_ _ 1 1 N \ u� N —— , � cIa!e' 1"= 600' SHOWN THUS: C ACTUALL Y EXIST AND THIEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. \ �� ^\`�� I o �\ \ \\ �� +�• ,yp \ I � \ \ QO ICd� 101.21' ' \\ ti JOHN T. MET GE: , N.Y.S. L.S. LAC. NO. 49618 \ ah Q / ! / . W. / \ \ 406.62' \\\ N I� p 0� AZ >r \ / � i N. 1 56 40 1 \1 1 /9.OBOp.\ — J THIS IS TO CERTIFY THAT THE SUBDIVISION PLAT HAS BEEN APPROVED Q Z 1 BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOL UT ION ap ` \ p '�� /1 `` 1\ 1� _�'� N N j 2��OO• m BO OF APPROVAL DATED -� 11 � 1`\\ �\\\ � � � � � / J `� \\ IV) �� BY Qr C�NAIRMAN PLANNInvG BOARD 07 \ —_co V9"O fY�Q, 00, WELL CAP 80 gal. PROPERTY tNE l8' STORAGE — —____ — hp WELL . MADE TANK r1 \ ' \\ b \ h0 i/ \\ � �/ tp 4•B' 0 I' HOUSE 100* TEST su r 1/2'MACYPvc C UNC r r1E'BRASS PITLESS ADAPTOR" 'r \ o � A� 1 I/2'I60+R TEST SCtEDL[E A PVC ; /l I 5p0.00• i i' 5 `SEPT7C TANK ?'STEEL. CASddG __ / l '�I ► `\ L O T L INE , ODIFI CA T/OI Al I IMP.SueTS�Pf.MM' ah ( / ` r J f •h iX SET OFF A!N LEACHING POOL 3'STAKfSS STEEL SCtlEF7V / ( t N 24'30" W' r/ �Q F(OR �-�- * � -'" EDWARD BOOTH WELL DETAILS ( \� �`I �� ' AT SOUTHOLD ROAD TOWN OF SOUTHOLD TYFoCAL PLOT PLAN 03- \� ,'h , " �6�• 3 SUFFOLK COUNTY N. Y. 1, 2 or 3 Pool SeptlC ,System Depending (p�Ep on the depth to ground water o l r�� / > o _ t �' r Y 1267.0T 1000 — 51 — 02 — 07 & 08 z O 3 �� ` r R1GHy,� OF A ° SCALE: 1 = 100'200 I HEREBY CERTIFY THAT TiyE WATER SUPPIL Y(S) AND/OR SEWAGE DISPOSAL SYSTEA�eSJ FOR THIS PROJECT — _ r m W o01 o \ 20 \ _ WERE DESIGNED BY ME UNDER MY D/RECTIOA4 BASED UPON A CAREFUL AND THROUGH STUDY OF THE SOIL, SITE AND GROUNDWATER CONDITIONS, ALL LOTS, AS PROPOSED, CONFORM TO THE SUFFOLK COUNTY 5��' \ DEPARTMENT OF HEALTH SERVICES CONSTRUCTION STANDARDS IN EFFECT AS OF THIS DATE. Z JUME' 20, 2003 SEPT. 22, 2003 ( revision J r DA TE OCT. 7, 2003 ( revision J r JOSEP FISICHETTI, P.E. LiC. N0. 0525/0 a`�l Z vACAN� ��@A OCT. 29, 2003 ( Test hole ) 7 30°��• \ 4-?4'30" W. i� N• �� N!0/F R.J• TEST HOLE EL. 25 NIO (�$ loam brown /F Dark CONTOUR LINES ARE REFERENCED TO N•V• �EP oL FIVE EASTERN TOWNS, TOPOGRAPHIC MAP F� ELL1$ (a• & Brown slily WE:LSI-P001- y D CESS + r 150 CL OCT — 1 2004 10.61 Water in brown Southold Town silly clay Plannin Boarri CL NUMBER OF L 0 TS = 3 I5' ZONING DISTRICT 'AC SCHOOL DISTRICT SOUTHOLD Water In I ,� FIRE DISTRICT SOUTHOLD brawn fine CERTIFIED TO: sand arse �P��Ofr NF(y�,O SW c, ��K.'1�t�� •rQ� r,.. �o • EDWARD C. BOOTH TOTAL AREA = 28.3647 acres AOUEBOGUE ABSTRACT CO. NORTH FORK BANK ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YOIRK STATE EDUCATION LAW. 4 EXCEPT AS PER SECTION 7209 - SUBDIVISION 2. ALL CERTIFICATIONS Y 4 HEREON ARE VALID FOR THIS MAP .AND COPIES THEREONF ONLY IF ~ N+ ��`� SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF 7,P17 .SURVEYOR OWNER: �N r � WHOSE SIGNATURE APPEARS HEREON. EDWARD C. BOOTH PECON/C SURVEY(.�' ADDITIONALLY TO COMPLY W1TH SAID LAW TERM 'ALTiERED £:' ' I7235 SOUND VIEW AVENUE (631) 765 -909 5020 FAX rn�/J 765 - 1797 MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY SOUTHOLD, N.Y., 11971 P. O. BOX TRAVELER OF ANOTHER SURVEYOR'S MAP. TERMS SUCH 'INSPECTED ' AND " BROUGHT - TO - DATE ARE NOT W COMPLIANCE WITH THE LAW. 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 03 - 172