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HomeMy WebLinkAbout1000-50.-2-15 i HFREB Y CCR;! Y THQ T ;H!7 F4 A TER •SUPPL Y(.`-:' AN,9/O,R Sr WA GF DISPOSA I_ ROAD S YS TEM'S) FO T IT P!7O,IF�'T Wr'Rf DES/GNED B Y MF OR VNI'FR MY DIREL:RON BASED-ON UP N I A UL AND THOROUGH STUDY OF THE SOIL, SITE AND LONG " GROUND WA T .R C NDITIOr ^, ALL LOTS AS PROP`0' CONFORM TO THE -ISLAND $ � SUFFOLK CO /NTY EPART RENT OF HEAL TH ! ? S CON. RUCTION Luuv " 51 AIM LEACMNG STANDARDS EF '_CT AS THIS DATE. &STAEPAfTK'e ' - JOS H 1SCHETTI, P.E. LICENSE NO. 0525107Y ` ( �1 r ,AQ10, ;QO ZO. * D LIU ct q Rk WELL rq'Qol/;N \� N eo T� ROFESS►O ` PROMTY LNE p� KEY MAP scale : 1"= 600' TYPICAL PLOT PLAN 09, nk 9/) '0� I ' • ; G2 S �� ,� , '" SUFFOLK COUNTY DEPARTMENT OF HEAL TH SERVICES s =„1� 03�� '�- ,o,y`� fir = ``��� _ DATE �G N005 � 5 4. C Q• Q�' ,/ / * ` J �5 5 Test Boring e/ 58 THIS /S TO CERTIFY ZhA T T E P POSED L TY SUBDIVISION OR 0 DEVELOPMENT FOR t5o IN THE m ` �s �O ' / _.' �S- ' z< Dark Brown Sp QI WITH A TOTAL OFQ_LOTS A[.-`ROVED �O 0 O /`�y �\ o titi I' Loom OL ON THE ABOVE DATE. WAS WATER SUPPLIES AND SEWAGE DISPOSAL �/ ' / ��Q�' Brown Slll AIL FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT 3 1 A T THE TIME OF CONSTRUCTION AND ARE SLaECT TO SEPARA TE Q �66 �„0 \a �p� 0lp �/ �' .1+s ^� �p Pole Brown Fine PERMITS PURSUANT TO THOSE STANDARDS. THIS APPROVAL SHALL BE 9• e�1 . rs / h� c o 0 9' to Coarse Sand SW VALD ONLY /F THE REALTY SUBDMSION /DEVELOPAFENENT MAP IS •4` __� / 0 `IL CP Brown Clayey and DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF THIS DATE. silly Sand sc 8 sM CONSENT /S HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH ti y (9 h Brown FJne to 6 'h 22" CLERK THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY IN �Qe // ' v i�� ---�� ^ � .. +�` ,�� `. \ ss Coorae Sand SW ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEAL_rH LAW AND THE `w 1� b��' a° �/ , `` . . / �,� 28• SUFr"OLK LINTY SANITARY CODE 10117103 8.50's to Public water m_ as O ° Test Boring by VITO A. M;NEI, P.E. •E = / 'oO �r /( // ,� �/ c?�s 'd /�� McDonald Geoscience DIRECTOR, D�L�ION OF E IRONMENTAL OUALITY `V ' SOS' O / \ OS ca / 0 _�-SITE DA TA tS' •h" ms� �� Q SUBJECT TO COVENANTS & RESTRICTIONS LIBER I7 . � � ��• Ay v PACE�t� NUMBER OF L 0 TS = 2 0� / Qo ZONING DISTRICT = R-80 THIS IS TO CERTIFY THAT THE SUBDIVISION PLAT HAS BEEN APPROVED SCHOOL DISTRICT = SOUTHOLD �v // A - BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION FIRE DISTRICT - SOUTHOLD c�ti [ �� �� APPROVAL DATED I. / o APPLICANT, ` b BY CHAIRMAN PLANNING BOARD PECONIC LAND TRUST `\ P.O. BOX 1776 SOUTHAMPTON, N.Y. 11969 �O ` c,• - TOTAL AREA = 6.054.6 Acres to fie lines 1 P0. s L-OT 1 = 2.0000 Acres I HEREBY CERTIFY THAT THIS SUBDIVISION PLAT WAS MADE FROM LOT 2 = 6.0546 Acres �� ACTUAL SURVEYS COMPLETED 4129103 ► THAT ALL MONUMENTS 414. SHOWN THUS, C ACTUALL Y EXIST AND THEIR POSITIONS ARE CORRECT Y SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE COR6F4 y 5°JOHN T. METZ .Y.S. L.S.LIS. LIC• NO. 49618 APPROVED BY SUBDI VI�.SI/ON MAP PLA rAff4;�1� Sor, .D COASTAL EROSION HAZARD LINE FROM EDWARD BOOTH - COASTAL DATE , PHOTO # 55-578-83AZAR0 AREA MAP AT SOUTHOLD � ���� S CONTOUR LINES AND ELEVATIONS ARE REFERENCED TO TOWN' OF SOUTHOLD _ � THE FIVE EASTERN TOWNS TOPOGRAPHIC MAPS $UF/'-OL/1 COUNTY N. Y. �_�;f. � ��__� I U i' g-�s • 1000 -`50 . 02 - 15 $ loo Poo S AUG� loo 2 5 2005 + °3_.J. TOTAL AREA - 8.0546 acres to tic lines :..-___.._.. ..a._.___ •-�____.�.._v.�_�- . _.__..,�__ �._-� - SCALE l" _ l00' ANY ALTERATION OR ADDITION TO THIS .l f VEY IS A VIOLATION DUNE /0, 2003o c l7, 2003 (test hole)h r --�-----------._ OF SECTION 7209 OF THE AFEW YORK STATE EDUCATION LA W. Dec 28, 2004 (oddlole) EXCEPT AS PER SECTION 7E09 - SUVDIVISION P. ALL CERTI)C ATJOdaCS HEREON ARE VALID /-011 THl4S'MAID Aim COI'I':S Ttn Eror M.0 Y/r C0r S B P SAID July 6, 2005 (revisions) NAP Or, rE !"f F D SEAL Cf ME Tlrtr SWVCYOR Aug. 3, 2005 bevlslonsl N.Y.S. LIC. N0. 496/8 W'HO.SE Sr—VA TWE APPEARS H7' ChV. ADDITIC►ULLY TO CCV Y KrN SAID LAZY TERM/ •ALWMV PY • PECON/C SURVEYORS, P.C. MUST PF U,,MP tY AR' tIp ALL ^rm—,Ycrs v"m A �r 163/l 765 - 5020 FAX f63/1 765 - 1797 or At�'OTK'./t S�h'"dYEYGC"5 tlAP. TEraas SUCH •Pdsl°'ZC ED A P. 0. BOX 909 "WOUCHT - To -DATE •A17E NOT N co ui+IlcC N TIC LAW 1230 TRAVELER STREET 1 SOUTHOLD, N.Y. 11971 03 - 154 / PLANNING BOARD MEMBERS MAILING ADDRESS: P.O. Box DR JERILYN B.WOODHOUSE O� 4, ® Southold, NY 11971 Chair Q OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L.EDWARDS G ® O 54375 State Route 25 MARTIN H.SIDOR �� a (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON lyCOUNTI,�c� Southold, NY Telephone: 631 765-19 3 S Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 8, 2005 Ms. Marian Sumner c/o Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Proposed Standard Subdivision of Edward Booth The property is located on the n/s/o Sound View Avenue, 1,669' e/o Lighthouse Road, in Southold SCTM# 1000-50-2-15 Zone: A-C Dear Ms. Sumner: The Southold Town Planning Board, at a meeting held on Monday, November 7, 20051 adopted the following resolution: WHEREAS, this proposal is to subdivide an 8.05-acre parcel into two lots where Lot 1 equals 2 acres and Lot 2 equals 6.0546 acres; and WHEREAS, on September 12, 2005 the Southold Town Planning Board granted conditional final approval on the maps dated June 10, 2003 and last revised on August 3, 2005, subject to the following conditions; and WHEREAS, an application and fee for final plat approval was submitted to the Planning Board on October 13, 2005; and WHEREAS, the applicant has satisfied all of the conditions required by the conditional final approval granted by the Planning Board on September 12, 2005.; be it therefore RESOLVED, that the Southold Town Planning Board grant Final Plat Approval upon the map prepared by Peconic Surveyors, PC, dated June 10, 2003 and last revised on August 3, 2005, and authorize the Chairperson to endorse the maps. Upon endorsement by the Chairperson, the mylar maps must be picked up at this office and filed in the Office of the Suffolk 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. Booth Subdivision Page Two November 8, 2005 If you have any questions regarding the above, please contact this office. Very truly yours, dedlyn B. Woodhouse Chairperson encs. 3 paper & 3 mylar maps cc: Town Clerk (w/paper map) Building Dept. (w/paper map) Submission Without a Cover Letter Sender: Su VO vl,4/ I . Subject: BbL7) l /\ -� SCTM#: 1000 - a Date: Comments: _ ctes y i I Illilll IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII I IIIIII IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 10/13/2005 Number of Pages: 4 At: 02 :06: 01 PM Receipt Number 05-0107634 LIBER: D00012414 PAGE: 339 District: Section: Block: Lot: 1000 050 .00 02 .00 015.000 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 $30 .00 NO SCTM $0 .00 NO Fees Paid $72 . 00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County Number of pages i RECORDED TO R1WRENS Edward P.Rofi).aine CLERK OF Serial# _UFFOLK COUNTY NT`Y' L D 0012414 Certificate# P 339 Prior Ctf.# i Deed/Mortgage Instrument Deed/Mortgage Tax Stamp—A Recording/Filing Stamps 4 j FEES Page/Filing Fee i A2 Mortgage Amt. Handling 1.Basic Tax TP-584 2.Additional Tax Notation Sub Total EA-52 17(County') i Sub Total 1-7 Spec./Assit. EA-5217(State) Or Spec./Add. RP.T.S.A. TOT.MTG.TAX Comm.of Ed. 500 :% Dual Town Dual County ""Held for.Apportionment Affidavit Transfer Tax ,k0 iNDtf `f Certified Cop ��✓ �V Mansion Tax The property covered by this mortgage is or Reg.Copy j� �+ will be improved by a one or two. family Sub Total dwelling only. Other �� YES or NO GRAND TOTAL � . .� If NO,see appropriate tax clause.on page# of this instrument. S R'< Real Property Tax Service Agency Verification 6 Community Preservation Fund COUNTWiT i 'Dist. Section B lock Lot Consideration Amount $ GE P Stamp 1 000 05D O 01 CPF Tax Due $ aw�S Improved IiSitia tsvj Vacant Land 7 Satisfactions/Discharges/Releases List Property Owners Mailing Address TD RECORD&RETURN TO: TD .VLl�v� Stxvnv, / � TD Y'U 1�x 177.E �U ��v►r�� VW� ll�tc� 8 Title Company Information Co. Name Title# 9 Suffolk County-Recording County-Recording & Endorsement .Pa e This page fonns Taft of the attached de c.ICs�Uu t1 made by: (SPECIFY TYPE OF INSTRUMENT) uU e The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the Township of In the VILLAGE or HAMLET of Soa-(�no1� BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) DECLARAT;`, , - N OF COVENANTS & REa TRICTIONS 0.' THIS DECLARATION is made this day o£ ,2005 by Edward C. Booth residing at 175235 Soundview Avenue, Southold,NY 11971,hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS,the DECLARANT is the owner of certain real property situate on the North side of Soundview Avenue,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 DECLARANT has made an application for and have received conditional approval from the Planning Board of the Town of Southold to implement a subdivision,as shown on the Final Plat—Subdivision for Booth prepared by Peconic Surveyors, P.C. last dated July , 2005 which will simultaneously be filed in the Office of the Suffolk County Clerk;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 and the owners and prospective owners of said lots that the within Covenants_and Restrictions be imposed on said lots 1 and 2,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 DECLARANT has considered,the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcels; NOW,THEREFORE,THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit,ppblish,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) Lots 1 and 2 on the approved map are subject to a 50' wide non-disturbance and no-grading vegetative buffer from the top of the bluff line. Said buffer shall remain undisturbed with the exception of the removal of dead or noxious vegetation. Such removal of vegetation shall only be permitted subject to the approval of the Town of Southold Trustees and the New York State Department of Environmental Conservation. 2) Lots 1 and 2 on the approved map are subject to a 100' wide non-structural buffer from the top of the bluff line. No new residential structure or sanitary facility --- -. ._ shall-be-constructed or otherwise-'located within 100' landward of the top of the bluff. 3) Prior to any construction activity,the project will require a general permit for Strom-water Runoff from Construction Activity(GP-02-01)administered by the New York State Department of Environmental Conservation under the Phase II State Pollutant Elimination Discharge System(SPEDS)Program. 4) Pursuant to Chapter A106-65 of the Southold Town Code,the clearing restriction for Lot 1 is 35%and for Lot 2 is 15%. 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 3] held to be unconstitutio any otherpV or nal, the same shall or unconstitutior�rovision hereofother t not'*ect the validity - han the part ad. of these covenants as a w The wit • Judged to be dlegat unla hole or �Declaration ' invalid, Provisions to '�ode subject to the That the n incorporated herein and made provisions ofall laws required and his su�thin Declaration shall Part here gyred la essors anda. run wrth the ands of,as though fully set or by their not be annulled, waived, changed, and upon all pew hall be bind' u subsequent owners of the P ged�modified, to ns or entities claiming Pon the DECLARANT P�nn'ng Board of the Town o f utYless and until ted,revokes, under tam, and maY Southold or its succ s approved by a ma• amended by Uw�ntIN�TNESS ItEOF the e`�.s°rs,after a Public one vote of the day�year first DECE�IIYT shave hearing. ten above• named has executed the foregoing y:Edward C.Eooth STATE Op NEW,YORK) CO 'Y OF SIIFFOLK) ss.: app�ed Edwy of 6 , sati*ct°ry the evidence to the,Persor�y ka ��'2005 before men t 'cknowled ed to me that he exevc dual whose Wn nay�u r Proved to me on the rs'�d,persor�y Mgr anent, the individual or the uted the same�his capacity to the within he basis of went. person upon be Pacify, and thathis��ment and of which the inture on the ual acted, MELAIvie xecuted the NOTARY PUBLIC,S a e of New YoriC No.OID64634870 i _ Qualified in Suffolk County Commission Expires September 30, Nota'Y Public:State ofNew York — Fidelity National Title INSURANCE COMPANY TITLE NO. 05-7404-61440.SS-SUFF SCHEDULE- A ALL the certain plot, piece or parcel of land lying and being at Southold in the Town of Southold, County of Suffolk and State of New York being bounded and described as follows: BEGINNING at a point on the northeasterly side of Sound View Avenue distant 1669 feet southeasterly from the intersection of the easterly side of Lighthouse Road with the northeasterly side of Sound View Avenue, said point being where the easterly line of land now or formerly of P.J. and J.A. Petrie intersects the northeasterly side of Sound View Avenue; RUNNING THENCE along the easterly line of P.J. 'and J.A. Petrie the following two courses and distances: 1.) North 27 degrees 42 minutes. 30 seconds East 477.9-6 feet and 2 . ) North 10 degrees 13 minutes 50 seconds West 143 .90 feet to the high water mark of Long Island Sound; THENCE along the high water mark of Long Island Sound on a tie line the following two courses and distances: 1.) ' South 61 degrees 12 minutes 10 seconds East 485. 09 feet; .2 . ) South 68 degrees 52 minutes 20 seconds East 81.73 feet to other lands now or formerly of Booth; THENCE the following three courses and distances along other lands now or formerly of Booth: 1. ) South 14 degrees 46 minutes 40 seconds West 98 .73 feet; 2 . ) South 17 degrees 57 minutes 20 seconds West 221.24 feet; 3 . ) South 20 degrees 28 minutes 20 seconds West 401.12 feet to the northeasterly side of Sound View Avenue; THENCE along the northeasterly side of Sound View Avenue, North _50 degrees51 minutes 50 seconds West 600.06 feet to the_ point or place of BEGINNING. 24 Commerce Drive• Riverhead,New York 11901 • (631)727-0600 • Fax: (631)727-0606 r r�•....._... ...�_.. ....w,.:a'-a -...ea.r�rt.�w...ut i". d.finY►tir I one • THIS PROPOSAL IS TO SET OFF A Z ---- ACRE PARCEL LOCATED ON ._ ACRE PARCEL' FROM AN EXISTING IN SCTM# 1000 5O�Z- J SET OFF Complete application received Application reviewed at work session o ' 0 OK 00 N Applicant advised of necessary revisions U ; Revised sub mission received U � inro. OK iro� OK oSketch plan approval ti o -with conditions __ME 0� o o Lead Agency Coordination MSEQRA determination Sent to Fire Commissioner b Receipt of firewell location N o Notification to applicant to include on final map � o � a3i � Sent to County_ Planning Commission $ OK Receipt of Count N � . . Y Report Review of SCPC report o � O N Draft Covenants and Restrictions receivedCapSro•. OK a PZU IL „�_ o Draft Covenants and Restrictions reviewed H 3 Filed Covenants and Restrictions receive �xro. oK d Receipt of mylars and paper prints with Health approval Final Public Hearing . Approval of set off -with conditions - `� 'P)9 R K d- pL.i9 JAG;Ro u.rim Endorsement of set off PLANNING BOARD MEMBE QgUFFO(,�c BENNETT ORLOWSKI,JR. �� QG Town Hall, 53095 State Route 25 Chairman � P.O. Box 1179 WILLIAM J.CREMERS C Southold,New York 11971-0959 KENNETH L.EDWARDS COD Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGLANO yifJ01 �aO� PLANNING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form Name of Subdivision: Booth Set-Off Suffolk County Tax Map # 1000- 5V-2-15 Type of Subdivision: Major Minor (Set-Off) Lot-Line Cluster Subdivision: Yes (No) Hamlet: Southold Street Location: Soundview Avenue Acreage: 8 .05 acres J U L 1 2003 Number ofLots: 2 proposed Soli' 410 TQwn Planning�ear0 Zoning District: R-8 0 Date: 6/30/03 Please list name, mailing address, and phone number for the people below: (Edward C. Booth, Jr . et al) Applicant: Edward C_ 116nthf Raward r _ gooth Jr _ ., Patricia Rnoth Michael S. Booth, Margot W. Booth and Katherine B. Booth, 17215 SnnndV� Avenue, Solithoidf NY 11971 631-765-3556 Agent handling the application: Peconic Land Trust , Inc./Marian P . Sumner (Contact Person) PO Box 1776 Southampton, NY 11969 631=283-3195 ext. 26 Property Owner(s): G P P A;Qp 1 i c a n t Surveyor: Jchn Meta.3er Peconic Surveyors PO Box 909 Southold- , NY 11971 631-765-2954 Engineer: .T a c e ph F J s r-h a t t i PO Box 616 Southold, NY 11971 631-765-2954 - AttOrney: Rudolph H. Bruer, Esq. 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 (No) Is there a proposed sale of development rights on part of the property? ( Yes) No Conservation Easementto PLT Is there a mortgage on the property? Yes (No) Does the owner own any adjacent properties? ,.:t* (Yes) No Are there any building permits currently pending on this property? Yes (No) a Signature of Preparer, Date - - PART 1—PROJECT INFORN,,riON Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant ef.fec on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considere. -as part of the application for approval and may be subject to further verification and public review. Provide any additions ,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 involv new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specif each instance. NAME OF ACTION Booth Set-Off Su_bd_i_v_isi-on, LOCATION.OF ACTION(Include Street Address, Municipality and County) Soundview Avenue NAME OF APPLICANTISPONSOR i BUSINESS TELEPHONE Peconic Land Trust, Inc. I ( 63P 283-319 ADDRESS 296 Hampton Road, PO Box 1776 CITYIPO I'I STATE ZIP CODE Southampton. ! NY ! 11969 NAME OF OWNER(If different) BUSINESS TELEPHONE Edward C Booth Jr . et al ( ) ADDRESS 17235 Stiundview Avenue CITYIPO l STATE ZIP CODE Southold I N.Y 111971 DESCRIPTION OF ACTION Set-Off of 2-acre lot- .from 8-acre lot ... Application is.: granting conservation easement on 6-acre. remainder,. as.,well . as-adj.acent 5_-acre._parce1 to reserve remaining development rights: (keeping 2 existing) . 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 ❑Commercial 04 sidential (suburban). ❑Rural(non-farrr ❑Forest OAgriculture- X10ther farm _bu 1 j nos and a.9tigr�e 2. Total acreage of project area: _`$ acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION ....Meadow.o.r,Brushlarid.(Non-agricultural) -acres. Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) 7 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 1 acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: [ Well drained _ 1 10 3% of site ❑Moderately well drained 4a of site ❑Poorly drained O, of sits b. If any agricultural land is involved, how many acres of sort are classifie' l within soil group 1 through •; of the NY Land Classification System? 7: acres. (See 1 NYCRR. 370). 4. Are there bedrock outcroppings on project site? ❑Yes igNo .i. What is depth to bedrock? (in feet) 2 'i. Approximate percentage of, ,)osed project Site with slopes: [Fro-11 7 . 5 C10-15*Is 0 015% or greater . 0. S OX 6. Is project substantially contiguous to, or contain a.building, site, or district, listed on the State or the Nationa Registers of Historic Places? OYes X3No 7.-Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes ON( 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? -0Yes &No 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 Mes QNo Describe C 1 i f f 13. Is the project site presently used by the community or neighborhood as an open space or recreation area;. OYes 'Kl-�4o 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 T.nncl TG1 and Snnnd b. Size (In acres) 17. Is the site served by existing public utilities? OYes Mo 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? JERYes 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? 0Yes . ONo 20. Has the site ever been used for the disposal of solid or hazardous wasrW 01'es QNo B. Project Description 1. .Ph.ys:i.cal.climensions_and._scale:..of. project-.(fill..in...di.mensions..as.appropriate) a. Total contiguous acreage owned or controlled by project sponsor ' 33 acres. b. Project acreage to be developed: 2-, acres initially; 2 + ex};stingacres ultimately. c. Project acreage to remain undeve!oped 4 acres. d. Length of project; in- miles: flf appropriate) e. If the project is an expansion, indicate percent of expansion pro'posed %; 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 tyg>e of housing units: One Family Two Family 'Multiple 1'amily Condominium Initially _2 Ultimately 2 i. Dimensions (in feet) of largest propntied structure height; width: length. j. Linear feet of frontage along; a public thoroughfare project will occupy is? ft. 3 2. How much natural matey; e., ruck, earth, etc.) will 1w removt.-d` i the sire? tons/cubic yards 3.-Will disturbed areas be reclaimed? Oyes ONo ON/A a. If yes, for whit intend,: purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? OYes ❑No c. Will upper subsoil be stockpiled for reclamation? Oyes 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 1ENo 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? ❑Yes ONo 8. Will blasting occur during construction? OYes ®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? OYes C2No If yes, explain 12. Is surface liquid waste disposal involved? OYes aN0 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? OYes IgNo Type 14. Will surface area of an existing water body increase or decrease by proposal? GYes EONo t Explain 1.5. Is project or any portion of project located in a 100 year flood plain? OYes ONo 16. Will the project generate solid waste?. Oyes ONo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? Oyes 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? Oyes ONo a. If yes, what is the anticipated rate of disposal? ' tons/month. b. If yes, what is the anticipated- site life? years. 18. Will project use herbicides or pesticides? OYes ONo 19. Will project routinely produce odors (more than one hour liar day)? OYes IONo 20. Will project produce operating; noise exceeding the Ideal ambient noise levels? Oyes 13No 21. Wily project result in an increase in vrwrgy u:e!? OYes ONo If-yes. , indicate type(s) 22. If water supply is from w,:ll;, indicate gyumlmig capacity gallons/minute. 23. Total anticipated water usages per day gallons/day. 24. Does protect involve Local, State or I"t•deral funding/ OYes IRNo If Yes, explain 4 2S. Approvals Required: Submittal Type Date City, Town, Village Board 13 Yes XI NO City, Town, Village Planning Board MYes ONo Set—Off -_ -City, Town Zoning Board ❑Yes ONO City, County Health Department Ayes ONO _Set—Off Other Local Agencies OYes ENo Other Regional Agencies OYes '$]No State Agencies �PYes flNo Potentially DEC -Federal Agencies OYes :UNo C.' Zoning and Planning Information 1 . Does proposed action involve a planning.or zoning decision? �E]Yes. ONO If Yes, indicate"decision required: Ozoning amendment Ozoning variance Ospecial use permit Msubdivision Osite plan Onew/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? 4 4. What'is the proposed zoning of the site? _ samt- S. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 4 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? UYes ON. 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 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? 2- acres 10. Will proposed action require any authorization(s) for the formation of-sewer or seater districts? ❑Yes UNI 11: Will the.proposed action create a demand for any community provided services (recreation, education, police fire protection)? OYes LINO a. If yes, is existing capacity sufficient to handle projected demand? OYes ONO 12. Will the proposed action result in the generation of traffic significantly above present levels? OYes 1c7Nc a. If yes, is the existing road network adequate to handle the additional traffic? OYes ONO 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 impacas and the measures which you propose to mitigate o avoid them. E. Verification I certify that the inf*orrnation providmi above is true: to the hest of my knowledge.Applicant/Sponsor Name D a t C Signature Title Ll;ser•+ ;,,- 61 G e n e e r-v a b i e n -egr-am If the action is in the Coastal Area, and you are a stale agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 10/17/05 Receipt#: 6994 Transaction(s): Reference Subtotal 1 1 Park&Playground 56-2-15 $5,000.00 Check#: 6994 Total Paid: $5,000.00 Name: Booth, Edward 17235 Soundview Ave. Southold, NY 11971 Clerk ID: LINDAC Internal ID:56.2-15 4 MAILING ADDRESS: PLANNING BOARD MEMBERS .`QF SO(/T P.O. Box 1179 JERILYN B.WOODHOUSE O�� y�1 Southold, NY 11971 Chair h OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G • Q 54375 State Route 25 MARTIN H.SIDOR (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON lif'�+ Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Elizabeth Neville, Town Clerk OCT 17 2005 From: Planning Department Southold Town Clerk Date: October 17, 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 Stand. Sub. 50-2-15 $5,000.00 6994 P & PFee enc(s). t Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * i Date: 07/21/03 Receipt#: 6837 i Transaction(s): Subtotal 1 Application Fees $250.00 Check#: 6837 Total Paid: $250.00 P F r f' . i i i f Name: Booth, Edward C. & Patricia 17235 Soundview Ave Southold, NY 11971-2839 Clerk ID: LINDAC Internal ID:79693 1- orf 5L)f V-Rr Submission Without a Cover Letter Sender: t E6W6- Subject: SCTM#: 1000 - Date: / b Z/G Comments: \ ���� ��;��'��,'1� ACT � 3 2005 1 - ' i • ",;;•;', ' OCR , 09/29/2005 6'312040711 PECONIC LAND TRUST PAGE 01 and Trust,inc. 1k IT po T;.to.x 1776,29()Hampton Road SciuLbunjimn,NY 11969 rb- pbmc:631-283-3195 rax;(,31-204-0711 ........... To. Antbuy 7rezza From: Nfarian Sumner Fax., Date: 9-29-05 Phone: Pages:3 Re: Booth C&R8 CC: j:j Urgent 0 For Review [3 please Comment M Please Reply L3 Please ReCYCIO d6 i: OV: ivC. 1 4. rh.N '04'i . . . . . . . . . . . . . . . . . . . . . 09f2912005 10._17 631204b711 PECONIC LAND TRUST PAGE 02 DECLARATION OF COVIFNANTS & RES _IC`p IONS THIS pECL1t1T.101'v is rn.ade this_duty of ,2005 by Edward C, Booth residing at 1752;5 Souz�dvietiv 1�enue,Southold,NY 11971,hereinafter refuted to-as the DECLARANT; 'VVITNESSE'1LH: W IEREA.S,the DECLAR-ANT is the owner of certain real property'..situateT articularly b iiAded on tbe North si.40 f Soundview Avenue,Town of Southold, Suffolk.County, Yore,m p y); and described in Schedule"A" attached hereto (hereinafter referred,to as the Propert and. WHEREAS,the DECLARANT lras made an.application for. and have.received conditional approval from the Planning Board of the Town of Southold to implement a subdivision, as shown,on the)~final Plat—Subdivision fobs Booth e ?�r�Pe Offared�e of the Suffolk y Peconic County Clerk; andyors,P.C.last July ,2005 which will simultaneously WHE12EAS, for and.in cori.sideration 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 Rcstri.ctions be imposed on said lots 1 and 2, and as a coridition.of said approval,said Planning Board has required that the within Declaration be recorded in the Suffolk County Cler).c's office; and WHEREAS,the DECLARANT f the�DECLrdered the ARANT and subsequent ent owneoing and have rs o£5 lid parcels; ned that he same will be for the best interests NOW THEREFORE,THIS DECL-kR•4TTION WITNESSETH. Tliat the DECLARANT,for the purpose of carrying out the intentions above expressed, does hereby make kriw n, 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].and and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors,administrators,legal representatives,disUibutees, successors and assigns,to wit: 1) Lots 1 and 2 on the approved map are subject to a 50' wide non-distur,'uance and no-grading vegetative buffer from the top of the bluff line- Said buffer shall remain undisturbed with the exception of the removal of dead or noxious vegetation. Such removal.of vegetation shall,only be permitted subject to the approval of the Town of Southold T'nistees and the New York State Department of Environmental Conservation- j Lots 1 and 2 on the approved map are subject to a 100' wide non-structural buffer from,the top of the bluff line. No new residential structure or sanitary facility shall be constructed or otherwise located within 100, landward of the top of the bluff. 3) Prior to any construction activity,the project will require a gencral.pcnD,i,t for Strom-water Runoff from Construction Activity(GP-02-01) administered bythe Now York State Department of Environmental Conservation under the Phase II State Pollutant Elimination Discharge System (SPEDS)Program. 4) Pursuant to Chapter AI.06-65 of the Southold T'o'kNm Code, the clearing restriction for Lot 1 is 35% and for Lot 2 is 15%. If any sectio,-I, subsection.,para-rapli, clause,phrase or pro��ision of these covenants and restdct.ons shall..by a Court of competent jurisdiction,be adjudged illegal,unlawful,invalid or held to be unconstitutional.the same shall not affect the validity of these Ole or. covenants a.s a wh 09/29/2005 6312046711 PECOIIC LAND TRUST PAGE 03 any other.,part or provisio: •eof other than the pant so a.di adg ed to be ;al, unlawful, invalid, or uncbnsti atlolial. T1ae within Declaration is made subject to the provisions of all laws required by law or by their previsions to be incorporated herein and made,a part h .reof, as though.fully set theorih.CLARANT `That the within Declaration shall.rur "pith the'land and shall be bindi�ig up and his su.ccesso.rs and assigns, and upon all persons or entities elaayning under them, and may not be anzutlled,waived,changed,Anodif.ed,ierniin.atcd, revoked, annulled,or amended by subsequent owncrs of the Property unless and until approved by a majority plus one vote of the Planning;hoard of the Town of South.-,)Id or its successors,after a public hearing. T''��WITNESS WHEREOF,the DECLARA.vT above named has executed:the foregoing iilstrurnenit the day and year first written above. By: Bdavard C. Booth ,I STATE OF NE-W 'YORK) � ss.. COUN''.'Y OF SUTFOLK) On the day of the year 2005,before me,tbe undersigned., personally appeared)Edward C.Booth,personally known to m.c or'proved to me on the basis of satisfactory evidence to tho individual whose r).at»c is subscribed io the within instrument and acknowledged to me that lie executed the same in his capacity,and tiiat 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 i A MAILING ADDRESS: ' PLANNING BOARD MEMBE': ww``o SQ P.O. Box 1179 JERILYN B.WOODHOUSE O�`v Ur�p� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS . Town Hall Annex KENNETH L.EDWARDS G • 54375 State Route 25 MARTIN H.SIDOR �� (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON 10'oU m� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 13, 2005 Ms. Marian Sumner c/o Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Proposed Standard Subdivision of Edward Booth Located n/o Sound View Ave., 1,669 feet e/o Lighthouse Rd., in Southold SCTM# 1000-50-2-15 Zone: A-C Dear Ms. Sumner: The Southold Town Planning Board, at a meeting held on Monday, September 12, 2005, adopted the following resolution: The public hearing was closed. WHEREAS, this proposal is to subdivide an 8.05-acre parcel into two lots where Lot 1 equals 2 acres and Lot 2 equals 6.0546 acres; and WHEREAS, on February 14, 2005, the proposal was classified as a Standard Subdivision pursuant to Chapter A106-"Subdivision of Land of the Code of the Town of Southold "; and WHEREAS, on February 14, 2005, the Town of Southold Planning Board hereby waived the preliminary application and submission requirements for this project given the substantial preservation component of the project; be it therefore RESOLVED, that the Town of Southold Planning Board hereby accepts the LWRP Coastal Consistency Review submitted to the Planning Department on July 8, 2005; and be it further RESCB/ED, that the Southold Town Planning Board grant conditional final approval on the maps dated June 10, 2003 and last revised on August 3, 2005, subject to the following conditions: 1. Submission of the park and playground fee of$5000. 2. Submission of a New York State Department of Environmental Conservation Tidal Wetlands Permit. A Edward Booth — Page Two — September 13, 2005 3. Submission of draft Covenants and Restrictions that contain the following clauses: a. Lots 1 and 2 on the approved map are subject to a 50' wide non- disturbance and no-grading vegetative buffer from the top of bluff line. Said buffer shall remain undisturbed with the exception of the removal of dead or noxious vegetation. Such removal of vegetation shall only be permitted subject to the approval of the Town of Southold Trustees and the New York State Department of Environmental Protection. b. Lots 1 and 2 on the approved map are subject to a 100' wide non- structural buffer from the top of bluff line. No new residential structure or sanitary facility shall be constructed or otherwise located within 100' landward of the top of bluff. c. Prior to any construction activity, the project will require a general permit for Stormwater Runoff from Construction Activity (GP-02-01) administered by the New York State Department of Environmental Conservation (DEC) under the Phase II State Pollutant Elimination Discharge System (SPEDS) Program. d. Specify the clearing restrictions for Lots 1 and 2 pursuant to Chapter A106-56 of the Southold Town Code. The conditions must be met within six (6) months of the resolution unless an extension of time is requested by the applicant and granted by the Planning Board. Upon fulfillment of the conditions, the Planning Board will issue final approval and authorize the Chairperson to endorse the final surveys. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson % (VI Submission Without a Cover Letter Sender: r ^ Subject: �� �� �� �/ �h ` ► ��� SCTM#: 1000'- Date: Comments: (w NAa \ g (L�UU Submission Without a Cover Letter Sender: S1 VIA, Subject: SCTM#: 1000 - Date: Comments: U • U[ v i v\� 2 • FROM SOUTHOLD TOWN PLANNING BOARD FAX NO. : 631 765 3136 Sep. 09 2005 OB:42AM Pi AFFIDAVIT OF POSTING This is to serve notice that 1 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 5 jJ( I have sent notices, by certified mail—return receipt,the receipts and green return receipt cards of which are attached,to the owners of reco!0 of a ery property which abuts and every property which is across on uCW S—Im VI'OL/ Your Name(print) Signature Acldresfi ILI Date / oli6- No � P �c MARY ANN PACE Notary Public-State of New York No. OI PA6049959 Commission Expires Oct. 30,2006 PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri. 9/8105 rr####ts##tweereasr+rftt►�+t#aataatfti#a:ear+k+t:a++Fraara##wuww,r,tis+aaa�taaa#aa�raaa,rar*aaa*t*.xrkew*,r,r,raa,t Re: Proposed Set-off for Edward Booth SCTM: 1000-50 245 Date of Hearing: Monday September 12 2005 s:25 p.m. _J � � ■ 0 it� � / / ■ Complete items 1,2,and 3.Also complete Signaat item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee , so that we can return the card to you. .B. Received by(Printed Name) ate of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits: D. Is delivery address differen om item 1? ❑Yes 1.. Article Addressed to: If YES,enter dell, address e w: ❑No I x 3. Sgry ice Type �� ! Certified Mai ( 3 pros ail ❑Registered �'Re rn Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4, Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7004 1350 0004 8840 9092 ,, r (Transfer from service label) PS Form 38i111,jFeb`rua.y2004, , , ;i S ibomestU Return Receipt 102595-02-M-1540 I- 1 Article Addressed to: If YES,enter delivery addres eIQ n fw- 3.ku any J� 'Cc�n.4 a Service Type I .Fir-Certified Mail ❑Express Mail ❑ Registered ❑ Return Receipt.for Merchandise ❑ Insured Mail ❑C.O.D. 4, Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number i j i (lFansfer from service labenn t` ! =''-7004 d 3i5 0: 0'.0 0 4 8840 19D 8 5 +c ii PS Form 3811',Feblr6ary�2004 Ddmastic'Return,Receipt _ 102595-02-M-1540 1 If YES,enter`delivery;a s r s e o co' 2,0BEP m 2 c i J 0-,A k�OLA 1 Q ( 3, Service Type \1 &Gertified'Mail ❑Expresss Mail t ❑Registered ❑ Return.Receipt for Merchandise I r:. ❑Insured Mail ❑C.9 D. I 4,.Restricted Delivery?(Extra F•ee) ❑Yes i 2. Article Number (Transfer from Mcelat j 7.p©}4 = ]r 3 5 0 0 0 0 4 8 840 910 8 PS Form 3811 Februa Domestic Return Receipt 102595-02-M-1640 Tom tal Posta4&Fees 0 sent To Dv N LA A.t'.1V '7C i 2.11r r� ---------------- ` � Street,Apt.No. I �^ -------------- ------- ------------------ orPOBoxNo.; �`� �„f���� ----------- --------------�---^-----------------�------------------------------- City,State,Z/P+4 C�-a-� Pr► N£c� P14 tam O Sent To 0 W L C—C N- ---------------------------------------------------- ----�------- �' Street,Apt. o.; or PO Box No. ar City,State,ZIP+4 � hkAske `'cwok-ham w` �'3e�t� OSent To ----------------------------------------------`----�------------------------------ Street,Apt No.; `—�(\3 a S�Lt l.►rJ 0 Li N� or PO Box No. f` City,State,2IP+4.,.C r :�0 ii _ l MAILING ADDRESS: PLANNING BOARD MEMBERS_ �F S0!/T P.O. Box 1179 JERILYN B.WOODHOUSE O�� y�l Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 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 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 12th day of September, 2005 on the question of the following: 6:00 p.m. Proposed Standard Subdivision for Daniel & Stephanie Charnews, located on the w/s/o Youngs Avenue and the a/s/o Horton Lane, approximately 375' south of CR 48, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 63-1-25 6:05 p.m. Proposed minor subdivision for Michael Kaloski, located on Alvahs Lane, 2,056 feet north of Main Road (NYS 25) and south of Middle Road (CR 48) in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map 'Number 1000-102-4-6.2 & 7.1 6:10 p.m. Proposed site plan for Catapano Dairy Farris, located on the n/s/o County Road 48 approximately 360' e/o Mill Road, known as 33705 County Road 48 in Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-74-2-12.2 6:15 p.m. Proposed site plan for North Fork Industrial Park (Foster), located at the s/e intersection of Commerce Drive and Corporate Drive, known as 350 Commerce Drive in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-96-1-1.5 6:20 p.m. Proposed amended site plan for Hellenic Restaurant, located approximately 532' west of Shipyard Lane on the n/s/o NYS Road 25 in East Marion, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-35-2-14 & 15.1 Dated: 8/30/05 August 30, 2005 Legal Notice Page Two 6:25 p.m. Proposed set off for Edward Booth, located on the n/s/o Sound View Avenue, 1,669 feet east 4f Lighthouse Road in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-50-2-15 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, September 1, 2005 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Traveler/Watchman -r i 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 30th day of August, 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 9/12/05 Reqular Meeting: 6:00 p.m. Public Hearing for the proposed standard subdivision for Daniel & Stephanie Charnews - SCTM#1000-63-1-25 6:05 p.m. Public Hearing for the proposed minor subdivision for Michael Kaloski — SCTM#1000-102-4-6.2 & 7.1 6:10 p.m. Public Hearing for the proposed site plan'for Catapano Dairy Farm - SCTM#1000-74-2-12.2 6:15 p.m. Public Hearing for the proposed site plan for North Fork Industrial Park (Foster)— SCTM#1000-96-1-1.5 6:20 p.m. Public Hearing for the proposed amended site plan for Hellenic Restaurant— SCTM#1000-35-2-14 & 15.1 6:25 p.m. Public Hearing for the proposed set off for Edward Booth — SCTM# 1000-50- 2-15 Linda Randolph Secretary, Southold Town Planning Board Sworn to before me this �jU"��"day of k AA S� , 2005. MELANIE OOROSKI l @ NOTARY PUBLIC,State of 0 Now York Notary Public Qualified in Suffolk County Commission Expires September l) Page 1 of 1 Randolph, Linda From: Dina Kontokosta [dkontokosta@travelerwatchman.com] Sent: Tuesday,August 30, 2005 9:32 AM To: Randolph, Linda Subject: Re: Legal ad for publication It will run this week. -----Original Message----- From: Randolph Linda To: dkontokostaatravelerwatchman.com Sent: Tuesday, August 30, 2005 9:23 AM Subject: Legal ad for publication Dina, Please print the attached ad in the September 1 edition, and send confirmation of receipt as soon as possible. Thanks, Linda 8/30/05 MAILING ADDRESS: PLANNING BOARD MEMBERS \QF S P.O. Box 1179 JERILYN B.WOODHOUSE O� ��l Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 MARTIN H.SIDOR Q �� (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON COU '� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 30, 2005 Ms. Marian. Sumner Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Proposed Set Off for Edward Booth Located at on the n/s/o Sound View Avenue, 1,669 feet e/o Lighthouse Road in Southold. SCTM#1000-50-2-15 Zone: R-80 Residential Dear Ms. Sumner: The final public hearing regarding the maps for the above-referenced site plan has been scheduled for Monday, September 12, 2005, at 6:25 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, September 9. 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, ?erilyn B. Woodhouse Chairperson Encl. .n 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., 9/8/05 Re: Proposed Set-off for Edward Booth SCTM: 1000-50-2-15 Date of Hearing: Monday September 12, 2005, 6:25 p.m. 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 set off; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-50-2-15; 3. That the property which is the subject of this application is located in the Residential District, Zone R-80; 4. That the application is to set off a 2 acre lot from an 8.05 acre parcel located on the north side of Sound View Avenue, 1,669 feet east of Lighthouse Road, 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 FI., 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, September 12, 2005 at 6:25 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 Traveler Watchman, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner's Name(s): Edward Booth Date: 8H30/05 § 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 1-25-96 § 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. J 5802 1-26-96 `` EDWARD BOOTH SET OFF FOR EDWARD BOOTH, 1 -000 =50 =2 = 15 Proposal to set off a 2 acre lot from an 8.05 acre parcel in the R-80 Zone. MONE - SEPTEMBER 12 , 2005 - 6 : 25 P . M. Submission Without a Cover Letter Sender: Subject: _ 5 ' � I v�cam, v, C-) SCTM#: 1000 - �._ Date: Z/0 Comments: L,4c5c E) [4 C's t 6KED V)q . y - � l 08/26/2005 15:00 6:312040711 PECONIC LAND TRUST PAGE 01 t , PEC O X I C LAND TRUST A•agust 25,2005 VIA FACS.I Anthony Trezza ffII I'_^ Town of Southold.Plan.ning Dcpartment 53095 Main Road PO Box 1179 29 2005 ', Southold,NY 11971 AUG Re: Booth Standard Subdivision(aka Set-off) Sou;hoid To vn SCTM#: 1000-50-2-15 Dear Anthony: Per our discussion,attached please find the Application for Final Flat Approval. As you know,the DOH approved maps were submitted this morning under separate cover. Thank you for your facilitation of this project. If you need any additional information, please do not hesitate to contact me at 283-3195 ext.26. Sincerely, Mari an P. umncr Director of Conservation Programs 296 NAMPTON ROAU I POST OFFICE.AOX'1776 I SOW.H.nAr.pTON N FW',iQR,IC 11YGY I PRON] (631)28;-3195 I xnx, (631)283-02z 5 �nlww.peconiclsndtrus c.arg 0812612005 15:00 6312040711 PECONIC LAND TRUST PAGE 02 Application for Final Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL PLAT APPROVAL for the subdivision described herein. 1. Narnc of Subdivision l_V_1_S_t 2. Suffolk County Tax Map# 3, Hann et 4. Street Location S. Zoning District 6. Date of Submission 7. Sketch Plan Approval Date iS. Preliminary Approval Date 9. Number of.Lots Proposed 10, Acreage of Open Space/Reserved Area Q I l., Affordable Housing Units Proposed 12. Percentage of Affordable Housing 13. If providing less than 25%Moderate Income Family Dwelling Units(Mr.FDI3),please indicate how the property owner intends on satisfying the affordable housing requirement pursuant to Section A106-11 (B)of the Town Code. 14, Does the Final Plat conform substantially to the approved Preliminary Plat? If not,please explain:he differe>nees. 15. Application prepared by [j owner ( nt rL] other Signature of Preparer. date �1 Submission Without a Cover Letter Sender: Lt V,-QV Subject: K/l SCTM#: 1000 - S� Date: Comments: ^.o V 7= R7_ • , MAILING ADDRESS: PLANNING BOARD MEMBERS w`Of SU!/T P.O. Box 1179 JERILYN B.WOODHOUSE O�`� y0l Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G 54375 State Route 25 MARTIN H.SIDOR (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON �I�COu�,►,� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Planning Board From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: August 1, 2005 Re: Proposed Standard Subdivision of Edward Booth Located n/o Sound View Ave., 1,669 feet e/o Lighthouse Rd., in Southold SCTM# 1000-50-2-15 Zone: A-C The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP)Policy Standards. This proposal is to subdivide an 8.05-acre parcel into two lots where Lot 1 equals 2 acres and Lot 2 equals 6.0546 acres. The applicant is willing to voluntarily grant a conservation easement to the Peconic Land Trust which protects important natural resources, scenic values and reduces the potential residential density on the property from 4 lots to no more than 2 lots. The property is located on Long Island Sound. To further Policies 4 and 6 it is recommended that the Planning Board require the following: 1. Establish a 50' non-disturbance and no-grading vegetative buffer from the top of bluff line. 2. Establish a 100' non-structural buffer from the top of bluff line. To further Policy 5, and protect and improve water quality and supply in the Town of Southold it is recommended that the following best management practices for landscaping be required: 3. Require that clearing limits be established for the existing on-site vegetation and incorporate the vegetation in non-disturbance buffers to minimize lawn areas. 4. Require the use of native plants in landscaping and encourage the use of disease-resistant and drought-tolerant plants. Additionally, where fertilization is proposed the following should be initiated: 5. Apply a maximum of 1 lb. of nitrogen per 1000 square feet in anyone application,with a cumulative application of no more than 2 lbs. per 1,000 square feet per year. 6. Choose fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture. a.- 1 7. Choose organic fertilizers, whereby all nitrogen in the mixture is non-synthetic. 8. Don't apply fertilizers and pesticides within 100 feet of surface waters and wetlands. 9. Apply product only during growing season(typically mid-March through mid-October). To further Policy 8, it is also recommended that following solid waste management initiatives be encouraged: 10. The use of materials generated by the Town of Southold Compost Facility which contribute to the replenishment of organic matter in local soils and help reduce the reliance of chemical fertilizers and herbicides and minimize the reduction of chemical fertilizers and herbicides in the Town's ground and surface waters. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,the proposed action is generally consistent with the LWRP provided that the above recommendations 1 through 4 are incorporated within any approvals. It is recommended that the applicant is advised of recommendations 5 through 10. Please contact me at(631) 765-1938 if you have any questions regarding the above. Cc: Anthony Trezza, Senior Planner J MAILING ADDRESS: PLANNING BOARD MEMBERS 117 sot P.O. Box 9 _` F s JERILYN B.WOODHOUSE O� y0l Southold, NY 11971 Chair h OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L.EDWARDS G • O 54375 State Route 25 MARTIN H.SIDOR �� (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON li,'COU ,� Southold, NY Telephone: 631 765-19 38 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Planning Board From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: August 1, 2005 Re: 'Proposed Standard Subdivision of Edward Booth Located n/o Sound View Ave., 1,669 feet e/o Lighthouse Rd., in Southold SCTM# 1000-50-2-15 Zone: A-C The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town,Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. This proposal is to subdivide an 8.05-acre parcel into two lots where Lot 1 equals 2 acres and Lot 2 equals 6.0546 acres. The applicant is willing to voluntarily grant a conservation easement to the Peconic Land Trust which protects important natural resources, scenic values and reduces the potential residential density on the property from 4 lots to no more than 2 lots. The property is located on Long Island Sound. To further Policies 4 and 6 it is recommended that the Planning Board require the following: 1. Establish a 50' non-disturbance and no-grading vegetative buffer from the top of bluff line. 2. Establish a 100' non-structural buffer from the top of bluff line. To further.Policy 5, and protect and improve water quality and supply in the Town of Southold it is recommended that the following best managementpractices for landscaping be required:. 3. Require that clearing limits be established for the existing on-site vegetation and incorporate the vegetation in non-disturbance buffers to minimize lawn areas. 4. Require the use of native plants in landscaping and encourage the use of disease-resistant and drought-tolerant plants. Additionally, where fertilization is proposed the following should be initiated: 5. Apply a maximum of 1 lb. of nitrogen per 1000 square feet in anyone application, with a cumulative application of no more than 2 lbs. per 1,000 square feet per year. 6. Choose fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture. 7. Choose organic fertilizers, whereby all nitrogen in the mixture is non-synthetic. 8. Don't apply fertilizers and pesticides within 100 feet of surface waters and wetlands. 9. Apply product only during growing season (typically mid-March through mid-October). To further Policy 8, it is also recommended that following solid waste management initiatives be encouraged: 10. The use of materials generated by the Town of Southold Compost Facility which contribute to the replenishment of organic matter in local soils and help reduce the reliance of chemical fertilizers and herbicides and minimize the reduction of chemical fertilizers and herbicides in the Town's ground and surface waters. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, the proposed action is generally consistent with the LWRP provided that the above recommendations 1 through 4 are incorporated within any approvals. It is recommended that the applicant is advised of recommendations 5 through 10. Please contact me at (631) 765-1938 if you have any questions regarding the above. Cc: Anthony Trezza, Senior Planner P E u O N I C LAND T R U S T 1� June 29,2005 Mark Terry Senior Environmental Planner ; Southold Planning Board PO Box 1179 J U L - 8 2005 Southold,NY 11971 Re: Booth Subdivision(aka Set-off) F --- SCTM#: 1000-50-2-15 -- Dear Mr. Terry: Per your request, enclosed please find a completed Local Waterfront Revitalization Program Consistency Assessment Form. If you have any questions or need any additional information,please do not hesitate to contact me at 283-3195 ext. 26. Sincerely, Marian P. Sumner Director of Conservation Programs 296 HAMPTON ROAD POST OFFICE BOX 17761 SOUTHAMPTON NEW YORK 119691 PHONE (631)283-3195 I FAX (631)283-0235 v wwpeconiclandtrust.org Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION' SCTM# The Application has been submitted to (chec appropriate response): Town Board ❑ Planning Dept. Building Dept. ❑ h Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license,certification: ❑ Nature and extent of act oil: Location of action: + (� l Site acreage: Present land use: Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: ��;� , �. yla ( �c� (b) Mailing address: (c) Telephone number: Area Code (d) Application number, if any: Will the acti be directly undertaken,require funding, or approval by a state or federal agency? Yes No❑ If yes,which state or federal agency? p6� —CO r!�D41 C e poj 1 DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. NJ/Yes ❑ No Not Applicable a-. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section II .—Policies Pages 3 through 6 for evaluation criteria Yes ❑ No ❑ Not Applicable CIZO, -P a (/)?�142- Attach additional sheets if necessary -'olicy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria VYes ❑ No ❑ Not Applicable gn- 5P,2 l 10,h6 T,��• Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria N Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies -ages 16 through 21 for evaluation criteria Yes ❑ No ❑Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III —Policies; Pages 22 through 32 for evalVatiriteria. ❑ Yes ❑ No Applicable r ..ttach additional sheets if necessary Policy 7. Protect and improve air quality, in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No [Q., pplicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes❑ No OlKot Applicable Attach additional sheets if necessary WORKING COAST POLICIES a'olicy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See WRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No UNZot Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 t hrou h 65 for evaluation criteria. 7Yes ❑ No❑ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; P es 65 through 68 for evaluation criteria. ❑Yes ❑ No Not Applicable MAILING ADDRESS: PLANNING BOARD MEMBERS �*OF S��TyO P.O. Box 1179 JERILYN B.WOODHOUSE �Q �O Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 EMARTIN GE D H. co SIDOR N Oly (cor.Main Rd. &Youngs Ave.) G Um 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 Standard Subdivision of Edward Booth Located n/o Sound View Ave., 1,669 feet e%o Lighthouse Rd., in Southold SCTM# 1000-50-2-15 Zone: 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 is to subdivide an 8.05-acre parcel into two lots where Lot 1 equals 2 acres and Lot 2 equals 6.0546 acres; and WHEREAS, on November 11, 2003, the Southold Town Planning Board granted conditional sketch approval upon the map dated June 10, 2003; and WHEREAS, on February 14, 2005, the Southold Town Planning Board granted an extension of time for sketch approval from May 11, 2004 to May 11, 2005; and WHEREAS, by letter dated May 25, 2005, the applicant has requested another extension of time as the Health Department application is pending at this time; be it therefore RESOLVED, that the Southold Town Planning Board grants a retro-active extension of time from May 11, 2005 until November 11, 2005. Please contact this office if you have any questions regarding the above. Very truly yours, jerily�nB. Woodhouse Chairperson MAILING ADDRESS: PLANNING BOARD MEMBERS ��OF SUUTyo Southold,,Box 1179 11971 JERILYN B.WOODHOUSE �� l� Chair OFFICE LOCATION: WILLIAM J.CREMERS us Town Hall Annex KENNETH L.EDWARDS �p 54375 State Route 25 MARTIN H.SIDOR �� (cor.Main Rd. &Youngs Ave.) GEORGE D. SOLOMON copy�� Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 3, 2005 Ms. Marian Sumner c/o Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton, NY 11969 Re: Proposed Subdivision for Edward Booth Located n/o Sound View Ave., 1,669 feet e/o Lighthouse Rd., in Southold SCTM# 1000-50-2-15 Zone: A-C Dear Ms. Sumner: On May 10, 2005 the Town of Southold Local Waterfront Revitalization Program (2005) became effective as legislation. Please be advised that the action is now subject to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code. Pursuant to Chapter 95, please complete.the enclosed Local Waterfront Revitalization Program Consistency Assessment Form and submit it to this department. Please contact me at (631) 765-1938 if you have any questions regarding the above. Sincerely, M Terry enior Environm tal PI er LWRP Coordi for Enc. cc: Kieran Corcoran, Assistant Town Attorney 075/25/2005 02:24 6312040711 PECDNIC LAND TR""-', PAGE 01 } .. � �1�11A HEttil!f PECONIC LAND TRUST 296 Ramxpton Road,PO Box 1776,Southampton,NY 11.969 Phone: (631)283-3195 Fax: (631)283-0235 FAX TIRANSMISSIONCOYER SHEET DATE: 5-25-05 TO: Anthony Trezza FROM: Marian P.Sumner FAX NO- RE. Booth Set-Off NUMBER OF PAGES INCLUDING THIS COVER SHEET: 2 MESSAGE: Per our discussion today, attached please find an extension request. MAY 2 6 2005 PECONIC LAND TRUST—PROTECT 0119 HERITAGE IF Y011 DO NOT RE(:RIV1:ALL OF THI'PACES INDIC':ATFID,FLY ASF C':ALL AS S00N AS POSSTBLC AT TIME NUMBER RFFI?RP•.NCTID AROVP. THIS TRANSMISSION CONTAINS INFORMATION THAT IS C ONFIOUNTIAL ANDIOR LEGALLY PRIVILEGED. TF I.5 INTPNDFD FOR USE, ONLY BY TUE PERSON TO WITOM IT IS DIRECTED. IF YOU HAVE. RECOVER THIS TELEC:OPY IN ERROR, PLEASE NOTIFY US BY Tf],HFHONE IMWDIAT1:LY SO THAT WE CAN ARRANOF FOR THR Rl IVIRN(IF THE DC,IC.I,1MF.NTS TO 1.15 AT NO CO$T TO YOf 1, 05/25/2005 02:24 6312040711 PECONIC LAND TR""T PAGE 02 ]PAC ONIC L ,� ND TRUST May 25,2005 V JA FAf-SMILE I-.lonorable Jerilyn 13.Woodhouse Town of Southold Planninb Board 53095 Main Road Po]Box 1179 Southold,N— 11971 Re: Booth Set-off SCTM#: 1000-50-2-15 Dear Chairperson WOO&Ousc: As you know,the above-reference project received conditional sketch plan approval on November 11,2003 a1n.d had an extension of such until May 1.1,2005. As we have et1countered a very cumbersome approval process with tll.e Suffolk County Department of Health Services,I am requesting an.extension of the Planning Board action. Thank you for your facilitation of this conser,nation project. T.f you need.any additional information,please do not hesitate to contact me at 283-3195 ext. 26. Sincerely, 17,�Z6� Marian P. Sumner 'IDiractar,of Conservation P,rograrr> cc: Anthony Trezza VI 2 0 2005 _. '19S I FAX (h;1)283.023i Mi.13AMPTON ROAD I rncT r_i.PPY.cT.ROX'1776 1 ROUTRAM.PTON NEW YORK. 119691 PI ONF (0)283-3 05/25/2005 02:24 6312040711 PECONIC LAND TRUST PAGE 02 ]pECOMIC LAND TRUST May 25,2005 vIA FA_.SIM&E Honorable Jerilyn 13.Woodhouse Town of Southold Ptann?ng Board 53095 Main Road PO Box 1179 Sotttho).d,N' 11971 Re: 13ootb Sct-OFF SCTM#,: 1000-50-2-15 Dear Chairperson.Woodhortse: As you know, the above-reference project received conditional sketch plan approval on , ovember 11, 2003 anal had an extension of such unkil May 1.1;2005. As we have encountered a very cumbersome approval process with the Suffolk County Department of Health Services,I am requesting an extension of the Planning Board action. Thank you for your facilitation of this consen atyon project. if you need any additional iijforntation,please d.o not hesitate to contact me at 283-3195 ext. 26. Sincerely, Ma....._ _ --- Director,of Conservation Programs cc' Anthony Trezza ( pp Y A � . 195I FX1)283 023iSOTF �M WYORK 16UN. (6�1)283-3 29G1:[AhQF�p4 ROAD Fp�T OF JCF..PDX 1776 wwlv,per.��Triclas.d.txL�r,.r.�r� bb/1b/Ybbb bY:14 t'312b4b F11 PECUIqIC LAND TRUST PAGE 01 OUR HE% 1�h. .. `�'.. PECONIC LAND TRUST 296 Hampton Road,PO Box 1776,Southampton,NY 11.969 Phone: (631)283-31.95 Fax: (631)283-035 FAX_'PRANSMISSION__MYER SHEET D,A.TT: 5-25-05 TO: Anthony TTrezza FROM: Marian P.Sumner FAX"NO: RE: Booth Set-Off NUMBER OF PAGES INCLUDING THIS COVER SHEET: 2 MESSAGE: Per our discussion today, attached please find an extension request. i 4 I I R,'AV i P'EOONIC LAND TRUST—PROTECT OUR LIERITAGF IF YOU TDO NOT RT:(:KTVli AI.1.OP THE PAOV'S W)WATED,PLEASE CALL AS SOON AS POSSTBLE AT THE NUMBER RTFERTENCTIT)AROVP.. THIS TRANSMISSION CONTAINS INFORMATION TEAT IS C'ONFIDTSNTIAL ANT)/OR LEOALLY PRTVIL EGEI7. IT 15 INTENDED FOR LIST; ONLY BY TTTE PERSON TO WITOM IT IS T)TRr(--TED. 1P YOU HAVP.. RECOVLD THIS TELT.C:OPY IN ERROR, 1'LEASC'i N[)'TIFY 115 13Y T1 fl,I,FFIONI, IMMI!.DIA I'I L.Y SO THAT WE CAN ARRAW F FOR THE,Rlti TURN O1="1"1-11?D(l('t IMF.NT$TO[.I$AT NQ COST TO YOI_I, O�OSVFFO��'Co MAILING ADDRESS: PLANNING BOARD MEMBERS �� G,y P.O.Box 1179 JERILYN B.WOODHOUSE Southold,NY 11971 Chair OFFICE LOCATION: O Town Hall Annex WILLIAM J.CREMERS ?f01 ��0 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 1776 Southampton, NY 11969 Re: Proposed Subdivision for Edward Booth Located n/o Sound View Ave., 1,669 feet e/o Lighthouse Rd., in Southo!d SCTM# 1000-50-2-15 Zone: A-C Dear Msy�Gmner: The Southold Town Planning Board, at a meeting held on Monday, February 14, 2005, adopted the following resolutions: WHEREAS, this proposal is to subdivide a 2-acre lot from an 8.05 acre parcel; and WHEREAS, the Planning Board granted conditional sketch plan approval on November 11, 2003; and WHEREAS, the applicant has requested an extension of conditional sketch plan approval from May 11, 2004 to May 11, 2005; and WHEREAS, the Town of Southold's Farm and Farmland Protection Strategy, adopted unanimously by the Town Board in January 2000, encourages the use of private conservation measures including gifts of conservation easements; and WHEREAS, the owner of the above-referenced property is willing to voluntarily grant a conservation easement to the Peconic Land Trust which protects important natural resources and scenic values and reduces the potential residential density on the property from 4 lots to no more than 2 lots; 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"; and 1 . Booth — Page Two —2/15/05 WHEREAS, the percent of preservation upon the parcel does not meet the 75% or 80% requirement as defined in the definition of a Conservation Subdivision; therefore, be it RESOLVED, pursuant to Chapter A106, the Planning Board hereby classifies this application as a Standard Subdivision; and be it further RESOLVED, that the Planning Board grant the retroactive extension of conditional sketch plan approval from May 11, 2004 to May 11, 2005; and be it further RESOLVED, that the application must be revised and re-submitted to conform with Chapter A106 —"Subdivision of Land of the Code of the Town of Southold", as revised, subject to the following conditions: 1. The application will not be subject to any retroactive requirements and.will be processed from the sketch plan approval forward. 2. The requirement of the preliminary application submission is hereby waived. 7 Please contact this office if you have any que dons regarding the above. Very truly yours, Jerilyn B. Woodhouse Chairperson cc: Melissa Spiro, Land Preservation Coordinator 02/07f2904 . 130:23 6312040711 PECONIC LAND TRUST PAGE 61 ,S,usrsay C PECONIC LAND TRUST 296 Hampton Road,]PO Box 1776,Southampton,NY 11969 Phone: (631)281-3195 Fax: (631)283-0235 FA2i nANSMISSION COVER SHEET (DATE: 2-7-QS TO: Mark Terry FROM: Marian P. Sumner FAX NO: ffl31J_7tA:= RE; Booth Set of NUMBER OF PAGES INCLUDING THIS COVER SHEET: 2 F E B 7 2005 PECONIC LAND TRUST—PROTECT OUR HERITAGE IF YCDIJ 130 NOT RLCEWS ALL OF THE PAGES INDICATED,PLEASE CALL AS SOON AS POSSIBLE AT THE NUMBER RIITZiRLNCED ABOVE. TI IIS TRANSMISSION CONTAINS INFORMATION T11AT 75 CONFIDENTIAL AND/OIL LEOALLY PRIVITAORD. [T TS INTF..NORD FOR UST: ONLY AY TI-TF. PRRSOW TO WNpM IT-IS DTRECTFO. 1F YOU HAVE. RFORIVFT) THIS Tr."ACOPY IN RRROR, PLEASP, NOTIFY US RY TFLEPTIONF IMMrr,)IATRT.Y Sp T1dAT WR CAN ARRANGE FOR T 4E RETI)RN OF THE DOCUMENTS TO US AT NO COST TO YOU. 02/07/2004 00:23 6312040711 PECONIC LAND TRUST PAGE 02 PECONIC LAND TRUST February 7,2005 Honorable Jerilyn B. Woodhouse Town of.Southold Planning Board 53095 Main Road PO Box 1179 Southold, NY 11971 Rc; Booth Set-off SCT,M# 1.000-50-2-15 bear Chairperson Woodhouse; As you know,the above-reference project received conditional sketch plan approval o)x November l l.,2003. As we hate encouLltered a very cu).n,bersome approval process with the Suffolk County Department of Health Services,I am requesting a retroactive extension of the Planning Board action. Thank you for your facilitation of this conservation project. I'f you need any additional information,please do not hesitate to contact me at 283-3195 ext. 26. Sincerely, Marian P. Sumner Director of Conservation Programs cc;Mark Tcrry 296 HAMPTONR,;OA,D POS707VICE,BOX1776 ISOUTHAMPTON NKIP YpRTi 119r�91 FTJON.r (,b; 5 11'AX (631)204-0711 ��,.,, - tv'ww,�CCof�iCltlnrLCr�l!;C.nr�, , i S'r 5V !� New York State Departm y, . )f Environmental Conservatie--- Division of Environmental Permits NYSDEC REGION 1 HEADQUARTERS 71 SUNY @ STONY BROOK BUILDING 40 -" STONY BROOK,NY 11790-2356 (631)444-0365 November 18, 2003 EDWARD BOOTH 17235 SOUNDVIEW AVE SOUTHOLD, NY 11971 Re: DEC ID# 1-4738-03284/00001 BOOTH PROPERTY Dear Applicant: Please be advised that your application for a DEC permit(s) is complete and a technical review has commenced. Notice and the opportunity for public comment is required for this application. Enclosed is a Notice of Complete Application for your project. Please have the Notice published in the newspaper identified below once during the week of 11/24/03 on any day Monday through Friday. The official newspaper of the Village of Southold. Contact the Village Clerk's office to confirm the official newspaper. Only the Notice of Complete Application, that information presented between the horizontal lines, on the enclosed pages(s) should be published. Do not print this letter or the information contained below the second bold horizontal line. Please request the newspaper publisher to provide you with a Proof of Publication for the Notice. Upon receipt of the Proof of.Publication promptly forward it to this office. You must provide the Proof of Publication before a final decision can be rendered on your application. You are responsible for paying the cost of publishing the Notice in the newspaper. Notification of this complete application is also being provided by this Department in the NYSDEC Environmental Notice Bulletin. This notification does not signify approval of your application for permit. Additional information may be requested from you at a future date, if deemed necessary to reach a decision on your application. Your project is classified major under the Uniform Procedures Act. Accordingly, a decision is due within 90 days of the date of this notice unless a public hearing is held, which may extend this time frame. If a . public hearing is necessary, you will be notified. If you have any questions please contact me at the above address or phone number above. Sincerely, anvf N OMI J BROWN LS l�► Division of Environmental Permits 'NOV 2 0 2003 Southold Town Planning BoW THIS IS NOT A PERMITAft n New York State Department of Environmental Conservation Notice of Complete Application Date: 11/12/2003 Applicant: EDWARD BOOTH Facility: BOOTH PROPERTY 17235 SOUNDVIEW AVEISCTM# 1000-50-2-15 SOUTHOLD,NY 11971 Application ID: 1-4738-03284/00001 Permits(s)Applied for: 1 -Article 25 Tidal Wetlands Project is located: in SOUTHOLD in SUFFOLK COUNTY Project Description: The applicant proposes to subdivide a 8.05 acre parcel into two developable lots.. Lot one is 2.0 acres and Lot two is 6.05 acres. Lots one and two are on Long Island Sound, which is considered NYSDEC regulated tidal wetlands. The project is located at: 17235 Soundview Avenue,.Southold, Town of Southold, Suffolk County. SCTM#1000-50-2-15. State Environmental Quality Review(SEQR)Determination Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed. SEQR Lead Agency Southport Town Planning Board State Historic Preservation Act(SHPA)Determination The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations. Coastal Management This project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act. Availability For Public Comment Contact Person Comments on this project must be NAOMI J BROWN submitted in writing to the Contact NYSDEC Person no later than 12/12/2003 SUNY @ STONY BROOK BUILDING 40 STONY BROOK,NY 11790-2356 (631)444-0351 CC List for Complete Notice EDWARD BOOTH PECONIC LAND TRUST INCORPORATED ENB File FAx Tp,..ANSMISSION �Nrw YoR.IC STATE DZPAR=M=4P OF E.NVMONMXNT.0 CONSERVATION Division of Environmental P=nits BwLOINa 4b SUNY eptC'CK. NY I I yS0-zz.,s 5 1 6-44Q-03B8 F,oJC.5 f 6.4,a4r03Bv To: MIxr)� TZ9 M. Si�n W, Ibj 4 Its#e: Fax 9: Pages: 4 , .including t�,is cover shet. From: Subjsrv#: naea W ,� J - CONCYfE ZS: ,.`"C To'd V7:17T zoo;, 8T AON. SIIWri3d NOt;INN3 --3GS),N New York State Department of Environmental Conservation Division of Environmental Permits NYSDEC UGION I HEADQUARTERS SUNY 0 STONY BROOK BUILD W. G 40 STONY BROOK,NY 11790-2356 (631)444-0365 November 18, 2003 IRDWARD BOOTH 17235 SOUNDVIEW AVE SOUTHOLD,NY 11971 Re: DEC 11)#1-4738-03284/00001 BOOTH PROPERTY Dear Applicant; I Please be advised that your application for a DEC permit(s)is complete,and a technical review has commenced. Notice and the opportunity for public comment is required for this application. Enclosed is a Notice of Complete Application for your project. Please have the Notice published in the newspaper identified below once during the week of 11/24/03 on any day Monday through Feday. The official newspaper of the,Village of Southold. Contact the Village Clerk's office to confirm the official newspaper. Only the Notice of Complete Application,that information presented between the horizontal lines,on the enclosed pages(s)should be published. Do not print this letter or the information contained below the second bold horizontal line. Please request the newspaper publisher to provide you with a Proof of Publication for the Notice, Upon receipt of the Proof of Publication promptly forward it to this office. You must provide the Proof of Publication before a final decision can be.-rendered on your application. You are responsible for paying the cost of publishing the Notice in the newspaper. Notification of this complete application is also being provided by this Department in the. NYSDEC Environmental Notice Bulletin. This notification does uot signify approval of your application for permit. Additional information may be requested from you at a future date,if deemed necessary to reach a decision on your application. Your project is classified major under the Uniform Procedures Act. Accordingly,a decision is due within 90 days of the date of this notice unless a public hearing,is held,which may extend this time frame. If a C, public hearing is necessary,you will be notified. If you have any questions please contact me,at the above,address or phone number above. Sincerely, Division of Environmental Permits ZO'd VZ:VT �OOZ 8T ADN 0910VVVT29:xP; SIIK��13d 3"S)N THIS IS NOT A PERMIT AM New York State Department of Environmental Conservation Notice. of Complete Application Date; 1111212003 Applicant: EDWARD BOOTH Facility BOOTH PROPERTY 17235 SOUNDVIEW AVFISCTNI#1000-50-212-15 SOUTHOM,NY 11971 Application ID; 1-4738-03294/00001 Permits(s)Applied for. I -Article 25 Tidal Wetlands project is located.- in SOUTHOLD in S=OLK COUNTY .Project Aucripr0n: The applicant proposes to subdivide a 8.05 acre parcel into two developable,lots. Jot olic,is 2.0 acres and Lot two is 6.05 acres. ,Lots one and two are on Long Island Sound, which is considered NYSDEC ragulated tidal wetlands. The project is located at: 17235 Sou-ndview Avenue,Southold,,Town of Southold, Suffolk County. SCTM#1000-50-2-15, State Environmental Quality Review(SPQR)Determination Project is an Unlisted Action and will not have a significant inapact on the environment. A Negative Declaration is on file. A coordinated review was performed. SEQR Lead Agency Southport Town Planning Board State Historic Preservation Act(S11PA)Determination The proposed activity is not subject to review in accordance with ST-1PA. The permit type P is exempt or the activity is being reviewed in accordance with federal historic preservation regulations. Coastal Management This project is located in a Coastal Management area and is subject to the Waterfraq., Revitalization and Coastal Re-sources Act. Avallabilin,For Public Comment Contact Person Comments on this project must be NAOM J BROWN submitted in writing to the Contact N. YgDEC Person no later than 12!1212003 SLYNy @ STONY BR()OK BTJILDLNG 40 STONY BROOK,NY 11790-2356 (631)444-0351 CC List for Complete Notice 20"� G VT 2f.-07 R.T A 0�,4 4 EDWARD BOOT14 PECONYC LAND TRUST INCORPORATED ENB File b0'd S�:VT �00� ST AON 0920MT29:?� SiIW 13d NO'�,! ih13 03([S N 11/17/2003 15:50 6K2040711 'ECONIC LAND TRUST PAGE 01 Ram Ce""Deplt Phom h It PT Fax# NOT A PERMIT T Nei-York State Department of Environmental Conservation Notice of Complete Application Dore; 11/1212003 Applicant: 'EDWARD BOOTH E C E P W E Facility; BOOTH PROPERTY 17235 SOUNDWE-W AVBISCTM# 1000-50-2-15 NOV 1 8 2003 SOUTHOLD,NY Il 97 1 App;icat,'On ID; 1-4739-03284100001 Southold Town Planning Boart! Artialc 25 Tidal Wetlands is jncat.cd: in SOUTHOLD in SUFFOLK,COUNTY Proj ct.Descripton: Th Ie applicant proposes to subdivide a 8.05 acre parcel into two developable lots, Lot one is 2.0 acres and Lot two is 6.05 acres. Lots one and two are on Long Island Sound, which is considered NYSDEC.iegulated tidal wetlands. The project is located at: 17235 Soundview Avenue, Southold,Town of Southold, Suffolk County, SCTM#1000-50-2-15). Star,o Environ.pnewral Quality Review(SEAR)Defernibiation environment. A Negative roject is an Unlisted Action and will not have a significant irn pact on the, De 1aration is on file. A coordinated review was not performed. SEQR'Lend Agency Node Designated I Sue Flisroric Presen-wfion Act(SHPA)Determination rfit,proposed activity is not subject to review in accordance with SHFA. The permit type s exempt or the,activity J's being reviewed in accordance wJtl1 federal historic preservation regulations. Co zal Managerizent his project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act.Avc ilability For Public Comment. Contact Person. Comments on this PTOjeCl-must be NAOMI JBROWN submitted in writing to the Contact NYSDEC Person rto later than 1211212003 SUNY e STONY BROOK BUILDING 40 STONY BROOK,NY 11790-2356 (631)444-0351 C(,r List for Complete Notice PLANNING BOARD MEMBERS S VFFO1� BENNETT ORLOWSKI,JR. ��0�'OCD�jy P.O. Box 1179 Chairman = Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 RILLIAMCHARD J. CREM R v, Telephone(631) 765-1938 KENNETH L.WILLIAM J.CREMERS G Fax(631) 765-3136 MARTIN H.SDIDORDS y, ap�� PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 11, 2003 Ms. Marian Sumner c/o Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton, NY 11969 RE: Proposed Set-Off for Edward Booth l Located n/o Sound View Ave., 1,669 feet e/o Lighthouse Rd., in S.�uthold SCTM#1000-50-2-15 Zone: A-C Dear Ms. Sumner: The Southold Town Planning Board, at a meeting held on Monday, November 10, 2003, adopted the following resolution: WHEREAS, this proposal is to set off a 2 acre lot from an 8.05 acre parcel; and WHEREAS, the Town of Southold's Farm and Farmland Protection Strategy, adopted unanimously by the Town Board in January 2000, encourages the use of private conservation measures including gifts of conservation easements; and WHEREAS, the owner of the above-referenced property is willing to voluntarily grant a conservation easement to the Peconic Land Trust which protects important natural resources and scenic values and reduces the potential residential density on the property from 4 lots to no more than 2 lots; therefore be it RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the maps, dated June 10, 2003, subject to the following condition: 1. Please submit a New York State Department of Environmental Conservation Tidal Wetland Permit for the action. Sketch plan approval is conditional upon the submission of final maps 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 maps, five (5) paper prints and Booth — Pape Two — 11/11/03 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 map. 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. '``J Chairman i cc: Melissa Spiro, Land Preservation Q8ordinator PLANNING BOARD MEMBERS �QSUFFOI/rCO P.O.Box 1179 BENNETT ORLOWSKI,JR. Chairman c y�.c Town Hall, 53095 State Route 25 Southold, New York 11971-0959 RICHARD CAGGIANO coo y • Telephone (631) 765-1938 WILLIAM J.CREMERS G Fax(631) 765-3136 KENNETH L.EDWARDS Q MARTIN H.SIDOR 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 for Edward Booth Located n/o Sound View Ave., 1,669 feet e/o Lighthouse Rd., in Southold SCTM#1000-50-2-15 Zone: A-C Dear Ms. Sumner: The Southold Town Planning Board, at a meeting held on Tuesday, October 14, 2003, adopted the following resolution: WHEREAS, this proposal is to set off a 2 acre clustered lot from an 8.05 acre parcel; and WHEREAS, following the approval of this action, a Conservation Easement will be applied to the property preventing further subdivision and limiting the parcel to two single-family residences (one existing and one proposed) on the 8.05 acres; therefore be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, Part 617, Article 7 makes a determination of non- significance and grants a Negative Declaration on the application. A copy of the Negative Declaration is enclosed for your records. If you have any questions, please do not hesitate to call. Very2 truly yours, Bennett Orlowski, Jr. Chairman encl. cc: Melissa Spiro, Land Preservation Coordinator PLANNING BOARD MEMBERS �QSVFI'���CD BENNETT ORLOWSKI,JR. P.O. Box 1179 Chairman o y� Town Hall, 53095 State Route 25 CASouthold, New York 11971-0959 RICHARD CAGGIANO Wy,G • Telephone (631) 765-1935 WILLIAM J.CREMERS Fax (631) 765-3136 KENNETH L.EDWARDS y �� MARTIN H.SIDOR ��.( `�►a 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 for Edward Booth SCTM#: SCTM#1000-50-2-15 Zoning District: A-C Location: Located n/o Sound View Ave., 1,669 feet e/o Lighthouse Rd., in Southold SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: The applicant proposes to set off a 2 acre clustered lot from an 8.05 acre parcel. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed. The parcel abuts the Long Island Sound. The project will require a Tidal Wetland Permit from the NYSDEC. No significant impacts have been identified through the coordination process. No significant impacts will occur if the project is implemented as planned. t SEQR Neqative Declaration - Page Two 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 occu r. 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. For Further Information: Contact Person: Mark Terry, Senior Environmental Planner Address: Planning Board Telephone Number: (631) 765-1938 SEQR Negative Declaration - Page Three 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 Q1(l us 2 0thq� POP M O�1R HER��P October 9, lb Dennis Reimer,Assistant Manager OCT 1 4 2003 Suffolk County Water Authority 624 Old Riverhead Road Southold Town Westhampton Beach, NY 11978 Planning Board 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: (Las CTM#: 1000-50-2-15 2-acre set-off is proposed from the 8-acre parcel. The Booth's are donating a conservation sement to Peconic Land Trust to ensure that no further subdivision will be undertaken on this well as their adjacent 5-acre parcel. SCTM -000-51-2-7& 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 / 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 C.Location: Sound View Avenue, Southold,NY SCTM#: 1000-50-2-15 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 a new lot to be created as part of the proposed project. The Booth's are gifting a conservation easement to Peconic Land Trust on 6 acres of this parcel, as well as the entire 5.5 acres of the adjacent parcel(SCTM#: 1000-51-1- 1). As shown on the map, a 2-acre building envelop will be retained and is identified as Lot 1. The conservation easement will allow the existing improvements,but no additional house lots. The donation of the easement equates to giving up 3 valuable development rights. B. Significant,beneficial and adverse impacts The beneficial impact of the project is elimination of 3 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(approximately 3 additional lots). E. Matters to be decided(permits, approvals, funding) The proposed set-off requires Planning Board approval, Suffolk County Department of Health Services approval and New York State Department of Environmental Conservation Tidal Wetlands permit. III. Description of the Proposed Action A. Project purpose need and benefits 1. Background This land has been in the Booth family for several generations. As discussed above,the Booth's are gifting a conservation easement to Peconic Land Trust on 6 acres of this parcel, as well as the entire 5.5 acres of the adjacent parcel (SCTM#: 1000-51-1-1). As shown on the map, a 2-acre building envelop will be retained and is identified as Lot 1. The conservation easement will allow the existing improvements,but no additional homes. The donation of the easement equates to giving up 3 valuable development rights. Also,the family is conserving its acreage to the south of this parcel. The Booths have accepted the Town's offer to purchase development rights on 22.8 acres of the 28.36 acre property(SCTM#: 1000-51-2-8). 2. Public need for the project, and municipal objectives based on adopted community development plans By reducing the potential development of the property via gifting a perpetual conservation easement to Peconic Land Trust,the proposed project meets the objectives of the Town's Community Preservation Plan. 3. Objectives of the project sponsor Through the proposed plan, the applicant is meeting the family's 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 is located on Sound View Avenue and the Long Island Sound in Southold. The subject property can be more particularly described as SCTM#: 1000-50-2-15. The site is primarily old growth pasture land on the eastern portion of the property contains a foundation of a former manor home(manor house has been removed), a concrete walled courtyard and former farm buildings. 2. Description of access to the site The parcel contains 600 feet of road frontage along Sound View 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. C. Design and Layout—see attached map 1. Total site area-8 acres a. proposed impervious surface area—none now b. amount of land to be cleared—none now c. open space-4 acres protected via conservation easement 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 -NYS Department of Environmental Conservation 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 via test hole boring. The topographic elevation on site ranges from approximately 40 to 65 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 site is primarily old growth pasture land with former farm buildings. The site is not in active agricultural use. 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. 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 (attached plan) SOUTHOLD FIRE DISTRICT PO Box 908 SOUTHOLD, NY 1 1971 (631) 765-4305; FAX: (631) 765-6914 September 25, 2003 DC� ot� E Mr. Mark Terry E7SSEP2 6 2003 Southold Town Planning Board PO Box 1179 thold Town Southold, NY 11971 ning eoard Re: SCTM# 1000-50-2-15 Dear Victor: Please be advised that the Board of Fire Commissioners has reviewed the above mentioned map and found that there is adequate fire protection for this parcel. Fire access is sufficient and a firewell is not required. This letter is valid for one year. Sincerely, Cy?a Caprise Fire District Secretary COUNTY OF SUFFOLK A�` ROBERTJ. GAFFNEY SUFFOLK COUNTY EXECUTVE THOMAS ISLES, AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING September 15, 2003 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Bd. Main Road Southold,NY 11971 D Plat Name: Booth,Edward SEP 2 2 2003 Tax Map No.: 1000-50-2-15 SCPD File No.: S-SD-03-03 Southold Town Planning Board Dear Mr. Orlowski: Pursuant to the requirements of Section A14-24, Article' XIV of the Suffolk County Administrative Code,the above captioned proposed final plat which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. The Department offers the following remarks pursuant to Suffolk County Planning Commission Policy: ► The Department notes the use of Town Law 278 cluster provisions to create the substandard lot width for lot 1. Cluster is to be used to "preserve the natural and scenic qualities of open lands". Subject parcel is an impacted and improved lot. The use of cluster to allow the substandard lot width appears to be an abuse of the cluster power. No open land is being preserved that would not otherwise be preserved via typical environmental planning regulations. No indication of additional open lands to be preserved is depicted on the map. ► The "top of bluff' should be flagged in the field by a qualified expert, verified by the appropriate regulatory agency and shown on all surveys, maps, plans, plats or sketches associated with this action. The rate of erosion on site should be calculated by the expert. ► The "Coastal Erosion Hazard Line" should be flagged in the field by a qualified expert, verified by the appropriate regulatory agency and shown on all surveys, maps,plans, plats or sketches associated with this action. LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR ■ P. O. BOX 61 00 ■ (5 1 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER(5 1 6) 853-4044 September 16, 2003 FOLK COUNTY PLANNING DEPART 4T Page 2 ► No new residential structure or sanitary disposal facility should be constructed or otherwise located less than 100 feet from the top of bluff or adequate to guarantee 50 years of protection to the dwellings or sanitary system is based on the calculated erosion rate. ► Within 50 feet of the top edge of the bluff there should not be any grading except that may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this area should be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading should be subject to review by the Town to insure proper maintenance and preservation of the natural buffer. ► The subdivider should acknowledge in writing to the Planning Board that the creation of this subdivision in no way commits either the Town of Southold or the County of Suffolk to any program to protect this property from shoreline erosion through the construction of engineering or other works. Sincerely, Thomas Isles,AICP Director of Planning 45;�� / Andrew P. Freleng,A CP Principal Planner APF:cc G:1CCHO RNY1S UBDMLD20031SEP1S D03-03.SEP LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR ■ P. O. BOX 6 100 ■ (5 16) 853-5 1 90 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER(5 16) 853-4044 I PLANNING G BOARD MIEMRBERS O�Og11FF0(�-COG P.O. sox 1179 I Chairman =� 'y� Town Hall, 53095 State Route 25 o Southold, New York 11971-0959 RICHARD CAGGIANO A �? Telephone(631) 765-1938 I WILLIAM J.CREMERS Fax(631) 765-3136 KENNETH L.EDWARDS MARTIN H.SIDOR I PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 28, 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 6/10/03, for the Set-Off for Edward Booth, located n/o Sound View Ave., 1,669 feet e/o Lighthouse Rd., in Southold. SCTM#1000-50-2-15 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 Terr y Senior Environmental Planner enc. 1 P. IPLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. �o�VFFO��CO p 0. Box 1179 �� Chairman G'y� Town Hall, 53095 State Route 25 o - Southold, New York 11971-0959 RICHARD CAGGIANO A Telephone (631) 765-1938 WILLIAM J. CREMERS O Fax(631) 765-3136 KENNETH L.EDWARDS y� MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 28, 2003 Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Andrew Freleng, Principal Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of: Set-Off of Edward Booth Hamlet/Locality: Southold S.C.D.P.W. Topo No.: See plat Zoning: A-C S.C. Tax Map No.: 1000- 50-2-15 Major Sub. Minor Sub._X_Site Plan Cluster Lot Line Change MATERIAL SUBMITTED: Preliminary Plat (3 copies)_(X)_ Road Profiles (1) Drainage Plans (1) Topographical Map (1) Site Plan (1) Grading Plan (1) Other materials (specify and give number of copies) 1. One copy of Application Packet as submitted by applicant. Waiver of Subdivision Requirements - See attached sheet Page 2 Southold Town Planning Board Referral Referral Criteria: The property is located s/o and within 500 feet of the Long Island Sound. SEQRA STATUS: 1. The project is an ( X ) Unlisted Action ( ) Type I Action ( ) Type II Action 2. A ( ) Negative Declaration ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. NO SEAR DETERMINATION HAS BEEN ISSUED 3. E.I.S. statement enclosed. ( ) Yes ( X ) No 4. The proposed division has received approval from the Suffolk County Department of Health. ( )Yes (X )No Comments: The applicant proposes to set-off a 2 acre clustered lot from an 8.05 acre parcel. Access to the lots is proposed from Sound View Avenue. Portions of the proposed lots are within the Coastal Erosion Hazard Area. The bluff is vegetated and exhibits slight to moderate erosion. No freshwater wetlands exist on site. The presence or absence of archeological sites is unknown. We request acknowledgement of receipt of this referral ( X ) Yes ( ) No Referral received 2003 by the Suffolk County Planning Commission and assigned File No. Sincerely, Bennett Orlowski, Jr. Chairman ,.' PLANNING BOARD MEMBE g11FFO( BENNETT ORLOWSKI,JR. ��� �CQ Town Hall, 53095 State Route 25 Chairman P.O. Box 1179 WILLIAM J.CREMERS O Southold,New York 11971-0959 KENNETH L.EDWARDS 00- � Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. 4k� Fax(631) 765-3136 RICHARD CAGGIANO yi* PLANNING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form Name of Subdivision: Booth Set-Off Suffolk County Tax Map # 1000- 5(V-2-15 Type of Subdivision: Major Minor (Set-Off) Lot-Line Cluster Subdivision: Yes (No) Hamlet: Southold Street Location: Soundview Avenue Acreage: 8 .0 5 acres Q Number of Lots: 2 proposed SoL0010 Town Planning��zr� Zoning District: R-8 0 Date: 6/.30/03 Please list name, mailing address, and phone number for the people below: (Edward C . Booth, Jr . et al) Applicant: Edward n_ Rhnt-h', Rr1wa r C _ tonth.. iT1-.^Pat ri ni a Rnoth Michael S . Booth, Margot-W. Booth and Katherine B. Booth, 17239 RounriyiPx Auejj1]k-., Southold , NY 11971 631-765-3556 Agent handling the application: Peconi _ T,ancl Trust , Tnc./Marian P . Sumner (Contact Person) PO Box 1776 Southampton, NY 11969 -631=283-3195 ext. 26 Property Owner(s): RPP Applicant Surveyor: John MQg zger Peconic Surveyors PO Box 909 Southold'' , NY 11971 631-765-2954 Engineer: Tn�F� _i c1het i PO Box 616 Southold, NY 11971 631-765-2954 Attorney: _Rudolph H. Bruer, Esq. 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 (No) Is there a proposed sale of development rights on part of the property? ( Yes) No Conservation Easementto PL° Is there a mortgage on the property? Yes (No) Does the owner own any adjacent properties? .j (Yes) No Are there any building permits currently pending on this property? Yes (No) : Signature of Preparer Date 6b,64-21 PART 1—PROJECT INFOktviSION t: 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 invo new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and spec each instance. NAME OF ACTION Booth Set—_Off Subdivision LOCATION.OF ACTION(Include Street Address, Municipality and County) Soundview Avenue NAME OF APPLICANTISPONSOR I BUSINESS TELEPHONE Peconic Land Trust, Inc. ( 63P 283-319 ADDRESS 296 Hampton Road, PO Box 1776 CITY/PO i STATE ZIP CODE Southampton I NY 111969 NAME OF OWNER(If different) BUSINESS TELEPHONE Edward C Booth Jr . et al ( ) 765-3996 ADDRESS 17235 Sou_ ndview Avenue CITYIPO STATE ZIP CODE Southold I N.Y 111971 DESCRIPTION OF ACTION Set—Off of 2—acre lot from 8—acre lot . . Application is granting conservation easement :on ,6-acre, .remainder ,. as well . as ,-adjacent 5.-acre._parcel to reserve remaining development rights. (keeping 2 existing) . 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 [24esidential (suburban). ❑Rural(non-fat OForest ❑Agriculture X10ther farm bu ji d9 nos_ and past)d1"3 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow..0r.13rus.hlan.d (Non7.agrcultural) .acre5... .._..._ acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) 7 acres acre! Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres acre: Unvegetated (Rock, earth or fill) acres acre! Roads, buildings and other paved surfaces 1 acres acre! Other (Indicate type) acres acre! 3. What is predominant soil type(s) on project site? a. Soil drainage: ERWell drained 100 % of site ❑Moderately well drained °o of site ❑Poorly drained (,f site: b. If any agricultural land is involved, how many acres of soil are classificdl within soil group 1 through -4 of the 1` Land Classification System? .2: acres. (See 1 NYCRR. 370). 4. Are there bedrock outcroppings on project site? Oyes kNo .i. What is depth to bedrock? (in feet) 2 +S. Approximate percentage of posed project site with slopes: /0.1( 7 . 5 ❑1t)-1 54o 015% or greater . 0 . 5 ("/ 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Natior Registers of Historic Places? ❑Yes )QNo 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 ❑No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? .❑Yes IRNo 11. Does project site contain any species of plant or animal life that is identified as threatened or endangere ❑Yes 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 Mes L]No Describe C1 i f f 13. Is the project site presently used by the community or neighborhood as an open space or recreation are ❑Yes $7-�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 T,nnct TG1 and Sntind b. Size (In acres) 17. Is the site served by existing public utilities? ❑Yes LNo a) If Yes, does sufficient capacity exist to allow connection? ❑Yes 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 and Markets Law, Article 25-A Section 303 and 304? :E3&es 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? ❑Yes ONO 20. Has the site ever been used for the disposal of solid or hazardous wt15ta5? 01'es (2No B. Project Description .1. .Physi.cal.:cJ mension.s. and,_scale:..of project..(fill..in...dimensions:a-s.appropriate) a. Total contiguous acreage owned or controlled by I)roject sponsor . 33 acres. b. Project- acreage to be developed: 2- acres initially; 2 + exi.stingacres ultimately. c. .Project acreage to remain undeve!oped _ _ _4. acres. d. Length of project, in miles: (If -appropriate). e. If the project is an expansion, indicate per<-(,nt of expansion proposed %; f. Number of off-street harking spaces existing. proposed g. Maximum vehicular trips generated per hour (upon completion,oi project)? h. If residential: Number and type of housing louts: One Family Two Family Multiple family Condominium Initially 2 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 inati° Le., rack, earth, etc.) will I)e removr.d .. �� the site? tons/cubic'yarid, 3.-Will disturbed areas be reclaimed? Oyes ONO ON/A a. If yes, for what intend._ purpose is the site being reclairned? b. Will topsoil be stockpiled for reclamation? OYes ONO c. Will upper subsoil be stockpiled for reclamation? Oyes ONO 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? OYes R'NO 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? Oyes ONO 8. Will blasting occur during construction? OYes ®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? OYes C$No If yes, explain 12. Is surface liquid waste disposal involved? OYes UNO 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? OYes ONO Type 14. Will surface area of an existing water body increase or decrease by proposal? GYes ONO Explain 15. Is project or any portion of project located in a 100 year flood plain? OYes ONO 16. Will the project generate solid waste?. OYes ONO a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? OYes ❑No c. If yes, give name IocatTz)n d. Will any wastes not go into a sewage disposal system-or into a sanitary landfill? Oyes ONo e. If Yes, explain 17. -Will-the project involve the disposal of solid waste? OYCs ONO a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated- site life? years. 18. Will project use herbicides or pesticides? ' OYes ONo 19. Will project routinely produce odors (more than one hour lu:r day)? OYes 19NO 20. Will project produce operating; noise exceeding the local ambient noise levels? Oyes CRlo 21. Will project result in an increase in erwrgy LM:? Dyes ONo If.yes. , indicate types) 22. If water Supply is from w,:Il;, indicato pumping capacity gallonsirninuie. 23. Total anticipated water usage per day ballo(Wday. 24. Does protect involve'Local, State or I vderal funding/ GYes (RNo If Yes, explain _ 4 25. Approvals Required: Submitta _ Type Date City, Town, Village Board ' Yes UN o City, Town, Village Planning Board Eyes ONO Set—Off City, Town Zoning Board ❑Yes ONO City, County Health Department F1)Yes ONO Set—Off Other Local Agencies ❑Yes ]ONo Other Regional Agencies ❑Yes 1�]No State Agencies 19Yes f3No Potentially DEC -Federal Agencies Dyes KlNo C. Zoning and Planning Information 1 . Does proposed action involve a planning.or zoning decision? ]Yes. ONO If Yes, indicate decision required: ❑zoning amendment ❑zoning variance Ospecial use permit Msu.bdivision ❑site 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 - 4. What is the proposed zoning of the site? same S. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 4 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? XlYes 04, 7. What-are the predominant land use(s) and zoning classifications within a '/4 mile radius of proposed action? R--80 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/4 mile? . ®Yes Gt; 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'9ever or water districts? OYes (Ri 11-- Will the,proposed action create a demand for any community provided services (recreation, education, poli( 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 l]I` a. If yes, is the existing road network adequate to handle the additional traffic? Dyes ONO 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 certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Z T/ Date Signature Title n; gg Censeryatien Pregat If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceedic with (his assessment. Z 5 New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40 SUNY, Stony Brook, New York 11790-2356 - Phone: (631)'444-0403 FAX: (631)444-0360 LEAD AGENCY COORDINATION RESPONSE August 18, 2003 Mark Terry Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 Re: LEAD AGENCY COORDINATION REQUEST Proposed Cluster Set-off of Ed Booth SCTM# 1000-50-2-15 n/o Sound Avenue, 1669' e/o Lighthouse Road Southold, NY 11971 Dear Mr. Terry: This letter is in response to your Lead Agency Coordination Request of August 12,2003 regarding lead agency coordination forthe above project pursuant to the State Environmental Quality Review Act(SEQRA)of the Environmental Conservation Law and it's implementing regulations(6NYCRR Part 617). This Department has no objection to the Town of Southold Planning Board Office assuming lead agency status for this action. Please send your SEQRA determination to my attention at the address shown above. Please advise the applicant that this project will require a Tidal Wetlands Permit from this Department. If you have any questions, please call me at 631-444-0403. Sincerely, Ee :Invironmental herri Aicher Analyst PLANNING BOARD MEMBERS gUFFULI�' BENNETT ORLOWSKI,JR. Q CMG P.O. Box 1179 Chairman �� y� Town Hall, 53095 State Route 25 o - Southold, New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J. CREMERS O Fax(631) 765-3136 KENNETH L.EDWARDS 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 for Edward Booth Located n/o Sound View Ave., 1,669 feet e/o Lighthouse Rd., in Southold SCTM#1000-50-2-15 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 is to set off a 2 acre clustered lot from an 8.05 acre parcel; therefore be it RESOLVED, that the Southold Town Planning Board start the SEAR 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, ett Orlowski, Jr. Chairman PLANNING BOARD MEMBERS 0�� C� BENNETT ORLOWSKI,JR. �� G,t P.O. Box 1179 Chairman o= Town Hall, 53095 State Route 25 ti = Southold, New York 11971-0959 RICHARD CAGGIANO Is � Telephone (631) 765-1938 WILLIAM J.CREMERS 01 �� 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: Cluster Set-Off of Ed Booth SCTM# 1000-50-2-15 Requested Action: The applicant proposes to cluster set-off a 2 acre lot from an 8.05 acre parcel. The property is located n/o Sound Avenue 1669 feet e/o Lighthouse Road in Southold. SEQRA Classification: ( ) Type I (X) Unlisted Contact Person: Mark Terry, Senior Environmental Planner (631) 765-1938 x 243 1 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: Portions of the proposed lots are within the Coastal Erosion Hazard Line. The bluff is vegetated with slight to moderate erosion. No freshwater wetlands exist on site. The presence or absence of archeological sites is unknown. Please feel free to contact this office for further information. Very truly yours, ett Orlowski, Jr. Chairman cc: Joshua Y. Horton, Supervisor Southold Town Board Greg Yakaboski, Town Attorney Peter Harris, Town of Southold Highway Department Board of Trustees Building Department Southold Conservation Advisory Committee Melissa Spiro, Land Preservation Coordinator 4 Suffolk County Department of Health Services - NYSDEC - Stony Brook, Sheri Aicher 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 INFOR,...,TION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant ef. on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consid( -as part of the application for approval and may be subject to further verification and public review. Provide any additi( 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 invd new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and spe each instance. NAME OF ACTION Booth Set—Off Subdivision, LOCATION-OF ACTION(include Street Address, Municipality and County) Soundview Avenue_ NAME OF APPLICANTISPONSOR I BUSINESS TELEPHONE Peconic Land Trust , Inc. I ( 63D 283-319 ADDRESS 296 Hampton Road, PO Box 1776 CITYIPO i STATE ZIP CODE Southampton NY 11969 NAME OF O INER(If different) j BUSINESS TELEPHONE Edward C Booth Jr . et al ! ( ) 765-3996 ADDRESS 17235 Soundvie' w Avenue CITYIPO f STATE I ZIP COOS Southold I NY ! 11971 DESCRIPTION OF ACTION Set—Off of 2—acre lot from 8—acre lot . Applicat•i-on is granting conservation easement on 6--acre. remainder , as well as ...adjacent 5—acre ,,parcel to reserve remaining development rights (keeping 2 existing) . 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 El Industrial ❑Commercial L,..�esidential (suburban). ❑Rural (non-fz ❑Forest ❑Agriculture XXOther farm _buiiiLuacrs_ and page gr. 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETIOI ..Meadow or Brushla.n.d (Non-agricul(ural) acres.., acre Forested acres acre Agricultural (Includes orchards, cropland, pasture, etc.) 7 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 1 acres acre Other (Indicate type) ,acres acre 3. What is predominant soil type(s) on project site? a. Soil drainage. [RWell drained _100 9'o of ,,ite ❑Moderately well drained oo of site ❑Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classific(1 within soil (Troup 1 through -t of the Land Classification System? _ 7: acres. (See 1 NYCRR, 370). 4. Are there bedrock outcroppings on project site? Dyes bNo �. What is depth to bedrock? (in feet) 2 i. Approximate percentage c ' posed project site with slopes: 5�o_i 7 . 5 0-10.15�0 015% or greater . 0. 5 6. Is project substantially contiguous to, or contain a. building, site, or district, listed on the State or the'Natic Registers of Historic Places? OYes Flo 7.-Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes 8. what is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ®Yes ❑No 1.0. Do hunting, fishing or shell fishing opportunities presently exist in the project area? OYes IRNo 11. Does project site contain any species of plant or animal life that is identified as threatened or endanger 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 formatic Mes :C]No Describe CI if f 13. Is the project site presently used by the community or neighborhood as an open space or recreation ar OYes CVO 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 Loncf TG1 and gc)und b. Size (In acres) 17. Is the site served by existing public utilities? OYes L$No a) If Yes, does sufficient capacity exist to allow connection? OYes 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 and Markets Law, Article 25-, Section 303 and 304? ikWes 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? OYes ONO 20. Has the site ever been used for the disposal of solid or hazardous wast4:?_ OYes QNo B. Project Description .1. PhysicaLdimensions. and. scale.of project.(fill.in...dimensions.as appropriate) a. Total contiguous acreage owned or controlled by project sponsor - 33 acres. b. Project• acreage to be developed: 2_' acres initially; 2 + eZLat Lag acres ultimately. C. Project acreage to remain undeve!ohed _ _ _4 acres. d. Length of project, in- miles: i • (if ap.proprrate) e. If the project is an expansion, indicate percent of oxpansiem proposed f. Number of off-street harking spaces existing. proposed g. Maximum vehicular trips generated per hour (upon completion.oi project)? h. If residential: Number and type of housing units: One Family Two Family 'Multiple I•.1111ily Condominium Initially _2 Ultimately 2 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. 3 2. How much natural mate -e., rock, earth, etc.) will Iirr removed the' site? tons/cubic yarn 3. Will disturbed areas be reclaimed? OYes ONo ON/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 ONo 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? ❑Yes Z N o 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 demolitio 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. ;Dumber of.jobs eliminated by this project n/a 11. Will project require relocation of any projects or facilities? Oyes - C�No If yes, explain 12. Is surface liquid waste disposal involved? Oyes ERN a. If yes, indicate type of waste (sewage, industrial, etc") and arnount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? Dyes (ZNo Type 14. Wi.11 surface area of an existing water body increase or decrease by proposal? OYes [ONo 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 ONo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? OYes ❑No c. If yes, give name IocaEion _ 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 ONo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? yc ;irs. 10- Will project use herbicides or pesticides? ' ❑Yes ONo 19. Will project routinely produce odors (more than on(! hour per day)? Oyes ®No 20. Will project produce operating; noise exceeding the Ideal ambient noise levels? Oyes x3NO 21. Will project result in an increase in r:norgy u:(:? OYes ONo If yes. , indicate types) 22. If water supply is from w,lh, indicate: flumping capocity g,rllons%minute. 23. Total anticipated water usat;(: per day gallo(Wday. 24. Does project involve Local, State or Federal funding/ Dyes UNo If Yes, explain 4 • 25. Approvals Required: -� - Submitt. i Type Date City, Town, Village-Board D Y e s XINo City, Town, Village Planning Board Eyes ❑No Set-Off -City, Town Zoning Board ❑Yes ❑No City, County Health Department Eyes ❑No Set-Of f Other Local Agencies ❑Yes g7No Other Regional Agencies ❑Yes '.Y)No State Agencies MYes f3No Potentially DEC -Federal Agencies ❑Yes X]No C.' Zoning and Planning Information l . Does proposed action involve a planning.or zoning decision? �JYes ❑No If Yes, indicate-decision required: ❑zoning amendment ❑zoning variance ❑special use permit (3subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning class ification(s)of the site? R-Z o 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4 4_ What is the proposed zoning of the site? same S. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 4 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? MYes C 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 C 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'9ever or water districts? ❑Yes a 11. Will the,proposed action create a demand for any community provided services (recreation, education, pol. fire protection)? ❑Yes LINo a. If yes, is existing capacity sufficient to handle proj<:cted demand? ❑Yes ❑No 12. Will the proposed action result in the generation of traffic significantly-above present levels? OYes Kli 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 adve impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate avoid them. E. Verification certify that the information provided above is tru.v to the hest of my knowledge. Applicant/Sponsor Name Date Signature Title W--rectOr c--f C9ese �nL�t-ie ;? e If the action is iri the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceedi with this assessment. 5 Submission Without a Cover Letter Sender: Subject: V/W SE% DFFs L o b'- T i L� J C ��F7�C E SCTM#: 1000- Date: Comments: �— / R ECC� oVE JUL2 t8 2003 Southold Town Planning Board TRANSACTIONAl.A PPr'DISCLOSURE VOI1M The Town of SouL-hold's Code of Ethics prohibits conflicts of interest on the Dart, 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: �StA L ylRv a y/ �i J�1JP_eL(.JY2(C La-4 (fast name, E rst name, middle inibiAl, unless you are applying .in the name or someone else or other entity, such as a company. if so, Indicate the other person 's or company's name. ) NATURE OF APPLICATION: (Check all tlta t 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, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest_ "nusiness interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or.employment by) a corporation in which the town officer or employee owns more than 5% of the shares. /v C/C i�T16 1 - �, ATG"C) .YES NOC�J(Vv�+�T�V'�V I G� If you an "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town or Southold c--c le' Title or position of that person f)C Describe the relationship between .yoursel.f (tile applicant) and the town ofElcer or employee. Either check bite appropriate line A) through D) and/or describe in bite space provided. 'rhe town officer or employee or his or tier spouse, sibling, parent, or child is (check all that apply) : A) the owner of greater than 5% of: the shares of the corporate stock or the applicant (when the apply nn Is a corporation) ; \�JI B) the legal or beneficial owner of any in hEi noncorporate entity (when Elie applicant fit corporation) ; C) an officer, director, partner. , or employ the p 2003 . applicant; or y} Jot, O D) the actual a f.i.p-ti-c-rrrr. a.9�+ �� CCC vi Southold Town Plarmr��3oard DESCRTP,rioN OF ILGC,A'rTONSII.TP - tt SuhmitLed this rlay oELf� Sigttal:ttrn c , 1VUST20t1, a � M LOUR HERX'fPGF July 11, 2003 Valerie Scopaz Town of Southold Planning Department 53095 Main Road PO Box 1179 Southold,NY 11971 Re: Booth Set-off SCTM# : 1000-50-2-15 Dear Valerie: Per your discussion with Tim Caufield, attached please find the$250 set-off application fee for the above-referenced project. As you are aware, a 2-acre parcel will be set-off from the existing 8-acre parcel. The Booths are executing a perpetual conservation easement on the remaining acreage of the property (6 acres), as well as the adjacent 5-acre parcel (1000-51-1-1)to Peconic Land Trust to eliminate all but 2 development rights. I have enclosed a copy for your information and file. Thank you for your facilitation of this conservation project. If you need any additional information,please do not hesitate to contact me at 283-3195 ext. 26. Sincerely, Marian P. Sumner Director of Conservation Programs cc: Mark Terry DEC � 0WE J U L 1 4 2003 Southold Town P!annin;r Board 296 Hampton Road / PO Box 1776 I Southampton,NY 11969 /631-283-319S Fax:631-283-0235 / www.peconiclandtrust.org L P�—AT 2071,1 'A M t�Q� pp OUR HER��P' July 11, 2003 Valerie Scopaz Town of Southold Planning Department 53095 Main Road PO Box 1179 Southold,NY 11971 Re: Booth Set-off SCTM# : 1000-50-2-15 Dear Valerie: Per your discussion with Tim Caufield, attached please find the $250 set-off application fee for the above-referenced project. As you are aware, a 2-acre parcel will be set-off from the existing 8-acre parcel. The Booths are executing a perpetual conservation easement on the remaining acreage of the property (6 acres), as well as the adjacent 5-acre parcel(1000-51-1-1)to Peconic Land Trust to eliminate all but 2 development rights. I have enclosed a copy for your information and file. Thank you for your facilitation of this conservation project. If you need any additional information,please do not hesitate to contact me at 283-3195 ext. 26. Sincerely, Marian P. Sumner Director of Conservation Programs cc: Mark Terry 296 Hampton Road / PO Box 1776 1 Southampton,NY 11969 /631-283-3195 Fax:631-283-0235 / www.peconiclandtrust.org IN-AFT . • Last revised 7/9/03 CONSERVATION EASEMENT ' 1 4 2003 L9 THIS DEED OF CONSERVATION EASEMENT, is made on the day of 2003 at Southampton,New York. The parties are Edward&Pat Booth residing at 17235 Soundview Avenue, Southold,New York 11971 and the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York Corporation, having a principal office at 296 Hampton Road, P.O. Box 1776, Southampton,New York 11969 (herein call "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of 11.5-acres of Property located in the Town of Southold, Suffolk County,New York, more fully described in SCHEDULE A and shown on the Conservation Easement Map marked EXHIBIT A, both attached hereto, made a part hereof, and hereinafter referred to as the"Property"; and WHEREAS, the Property is located in the Low Density Residential R-80 Zoning District of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town of Southold code, Section 100-30, further described as Suffolk County Tax Map Parcel Number 1000-51-1-1 and part of 1000-50-2-15; and WHEREAS, Grantor wishes to grant a Conservation Easement on the 11.5-acre Property so that a portion of the Property(hereinafter referred to as the"Open Area" and shown of the aforementioned map marked"Exhibit A" and attached hereto) shall remain in its open, undeveloped state and be available,for open space and agriculture, and a portion of the Property (hereinafter referred to as the "Development Area" comprising the footprints of the two (2) existing primary residences, and the footprints of all existing agricultural and/or accessory buildings on the Property, shown on the aforementioned map marked"Exhibit A" and attached hereto), may be developed with no more than the two (2) existing single-family residences, with appurtenant structures and improvements, and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County,New York; and WHEREAS, a portion of the Property is in the Coastal Erosion Hazard Area, which, according to the Town of Southold code, Section 37 is an identified area that warrants regulation for the purpose of protecting natural features and natural resources; and WHEREAS, the property is located within an area that contains or is qualified as a Natural Features Area, including bluffs,beaches and dunes, and which,pursuant to the Town of Southold code, Section 37, should be protected from rapid growth in order to limit erosion, turbidity, siltation, saltwater intrusion,protect marine life,protect wildlife habitat, lessen flooding, and protect water filtration and recharge; 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 adapted by the Town Board, Town of Southold code, Section 272-a of the Town Law, to protect environmentally sensitive areas,preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS,New York State has recognized the importance of private efforts to preserve land in a scenic, natural and open condition through conservation easements by enactment of Environmental Conservation law,Section 49-0301, et.seq.; and 1 WHEREAS, Article 57 of the New York State Environmental Conservation Law, Section 57-0101, et.seq., entitled"Long Island Pine Barrens Maritime Reserve Act," declared it to be in the public interest to protect and manage the Pine Barrens/Peconic Bay maritime system, including the Property; and WHEREAS, the Property is part of the Peconic Estuary System which was included in the National Estuary Program by determination of the United States Environmental Protection Agency on September 9, 1992, as a"nationally significant estuary"; and WHEREAS, the Property has a total of 1150 feet of road frontage on Soundview Avenue which offers the public significant, scenic vistas from a public highway of the subject property, as well as 350 feet on Long Island Sound; 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 Agricultural Area and Scenic Easement Area as an aesthetic, 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 Conservation Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof, NOW THEREFORE: 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 501(c)(3) qualified not-for- profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, (hereinafter called"the Code"), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural, scenic and open space values of rural lands located in New York State. 0.03 PuMose The parties recognize the aesthetic, scenic and agricultural values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its environmental, scenic, agricultural, and natural values by preventing the use or development of the Open Area for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal,New York State and local conservation policies. 0.04 Government Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by enactment of Environmental Conservation Law, Article 49-0301, et. seq. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 2 0.05 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be. protected and maintained as open land, as determined by the Board of Directors at a duly constituted meeting of that Board on April 14, 2003. 0.06 Documentation Grantee acknowledges by acceptance of this 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 gift of this Easement. In order to aid in identifying and documenting the present condition of the Property's scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's open space 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, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a Conservation Easement Map marked EXHIBIT A, an aerial photograph,photographs of the Property, a topographical map, a description and site plan of existing land uses, features, and structures and an acknowledgment page signed by Grantor and Grantee which verifies that the Baseline Documentation report accurately represents the condition of the Property at the time of the easement. 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. 0.07 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Tyne This instrument conveys a Conservation Easement (herein'called the"Easement"). This Easement shall consist of the covenants,restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its"provisions" shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect 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. 3 ARTICLE TWO GIFT GRANTOR, as an absolute gift, 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 4.06, 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 permitted in Section 4.06 hereof, may not be made on, over, or under the Open Area without the prior written consent of the Grantee which may be granted if the structure or improvement does not defeat the purposes of this Easement. 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 Property and for purposes of erosion control and soil management,without the prior written consent of Grantee. 3.03 Subdivision The subdivision or partitioning of the Property shall be prohibited without the prior written consent of Grantee. 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 conservation easement. Signs shall not be more than six square feet in size,be non-illuminated and are subject to regulatory requirements of the Town. 4 3.06 Landscaping and the Cutting of Timber , The removal of trees, shrubs, or other vegetation and the cutting or harvesting of timber on the Property shall be shall be prohibited except as permitted in Section 4.04 and for the following purposes: (a)to clear and restore forest cover that has been damaged or disturbed by forces of nature (b)to prune and selectively thin trees to create limited vistas in accordance with good forest management practices,historical uses and the purposes of this Easements detei•mined by the Ggai? ee ; its sole dice.etio,,, (c)to landscape the single-family residences and appurtenant structures and improvements permitted on the Property (d) to construct and maintain permitted driveways on the Property, and(e)to clear trees and bushes as necessary to return the Property to agricultural purposes in the future if it has lain fallow and was allowed to become wooded. 3.07 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; provided that 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 US Department of Agriculture's National Resource Conservation Service. 3.08 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 must, to the extent possible,be constructed within 30 feet of the centerline of roads or driveways, and may be used solely to service the permitted structures. 3.09 Uses The use of the Property for any commercial, commercial-recreational or industrial purpose shall be prohibited except as provided herein. Residential and agricultural uses permitted in this Easement shall not be considered commercial or industrial uses. 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 the pre-existing structures, and as provided in Section 4.06 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. 5 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. 4.04 Landscaping Activities Except as prohibited in Section 3 06, Egrantor 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. Grantor shall have the right to remove or restore trees shrubs or other vegetation to create limited vistas in accordance with good forest management practices, to return the Property to its historical uses and the purposes of this Easement 4.05 Agricultural Activities Grantor shall have the right to engage in all types of agricultural activity as the term is defined in Section 301 of the New York State Agriculture and Markets Law, provided that such activity shall be conducted in accordance with the purposes of this Easement. Accessory structures, as provided in Section 4.06, and as may be reasonably necessary in connection with agricultural use and the maintenance on the Property of horses, sheep,beef or dairy cattle, or similar domestic livestock, may be constructed, maintained or replaced by Grantor with the prior written consent of the Grantee and are subject to appropriate governmental approval. 4.06 Structures A. Allowable Improvements Grantor shall have the right to replace, relocate, renovate and re-construct no more than two (2) single-family residences with appurtenant structures and improvements reasonable necessary to serve such residences including,without limitation, driveways, garages, storage sheds, septic systems and leaching fields, swimming pools, pool houses, tennis courts, and other family-scale athletic facilities. The residences may be located on any one of the existing footprints as shown on Exhibit B and may be to double the size of the existing footprint Grantor shall have the right to remove trees shrubs, or other vegetation reasonable necessary to construct or replace such single-family residences and appurtenant structures and improvements Grantor shall have the right to create one (1) accessory apartment in a principal single-family residence of the owner of the Property as mandated by the code of the Town.of Southold. Accessor�partments are subject to the re latory requirements of the Town of Southold. The r—side-,,^^ .,t,be l eate oneof the t vegetationfeetpr-434s as sho,,A%on&,�ibi!B, and may be e"anded to double the size of the existing feetprint. C*anter-shall have the i4gl:A to remove tzi-ees, shftlbs, or-other- appurtenant stmetures and iinpr-eveinents. Grantor shall have the right to replace, relocate, renovate and re-construct existing agricultural structures, including but not limited to stables,barns, sheds, and silos as are necessary for the agricultural uses of the Property, placed so that they do not detract from or adversely affect the agricultural, open space, scenic value protected by this Easement. Grantor shall have the right to construct re-construct replace and renovate a bulkhead along the Long Island Sound Any such activity is subject to appropriate govermnental approval , including the regulatory requirements of the Town 6 All such residences, structures and improvements shall be constructed, maintained and replaced within the their current footprint or expanded to no more than double the size of the original footprint which is in the Development Area as shown on Exhibit "A", attached hereto. If Grantor wishes to relocate any existing structure or improvement, including the two (2) single-family residences to a new location on the Property, Grantor must receive prior written consent from Grantee. Grantee shall not withhold consent if the request does not defeat the purpose of this Easement. B. Replacement of Structures In-Kind In the event of damage resulting from casualty to an extent which renders repair of any existing improvements impractical, erection of a structure of comparable size, bulk, 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 to be constructed hereunder shall be consistent with the conservation purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to insure that storm water runoff will not carry eroded and other deleterious materials into Long Island Sound, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 4.07 Notice Grantor shall notify Grantee, in writing,before taking any action or before exercising any reserved right with respect to the Property,which could adversely affect the 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 4.06 hereof. Grantor shall provide Grantee with complete documentation including information on the need for and use of such structures, and architectural plans of any proposed structures, which are subject to Grantee's approval. Such approval, disapproval or comments of Grantee shall be given to Grantor within 45 days after all necessary documentation and information is submitted to Grantee. (If, after 45 days, Grantor has not received any response from Grantee to such submission, then Grantor shall notify Grantee that is has not received any response to such submission. If Grantee fails to respond to such second notice with 10 days thereafter, then Grantee shall be deemed to have approved Grantor's proposed action or request) Whenever an action by Grantor requires the approval of Grantee, it is understood Grantor must also obtain any required governmental approvals for the action. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 7 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. If Grantor fails to make such payments, Grantee is authorized to make such payments (but shall have no obligation to do so)upon ten days prior written notice to Grantor, according to any bill, statement or estimate procured from the appropriate public office without inquiry into the accuracy thereof. That payment, if made by Grantee, shall become a lien on the Property of the same priority as the item if not paid would have become, and shall bear interest until paid by Grantor at two percentage points over the prime rate of interest from time to time charged by Citibank,N.A., or its corporate successor. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees,judgments or expenses 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 to Grantee or any of its officers, employees, agents or independent "contractors resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and(b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times,upon prior notice to Grantor, 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 purpose, except as provided in Section 6.03 nor to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that 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 Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this 8 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. 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 have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Assignability Grantee shall have the right to assign any and all of its rights and responsibilities under this Easement, and any and all of its rights, title and interest in and to this Easement only to a qualified organization(herein called"the Assignee"). As used herein: the term"qualified organization"means a not-for-profit corporation, or a governmental unit or agency,which is qualified to receive such interests pursuant to Article 49 of the New York Environmental Conservation Law, and is a qualified organization within the meaning of Section 170(h)(3) of the Code, which is organized or operated primarily or substantially for one of the conservation purposes specified in Section 170(h)(4)(A) of the code. Any assignment by Grantee or a successor Grantee must require the Assignee or Assignee's successors to carry out the purposes of this Easement. The Assignee and its successors and assigns shall have the same right of assignment, subject to compliance with the provisions of this Section 6.06. 6.07 Succession If at any time Grantee or any Assignee is unable to enforce this Easement, or if Grantee or any Assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section 170(h)(3), then this Easement shall be vested in such qualified corporation,body or agency as defined and upon the conditions contained in Section 6.06 as the Grantee shall designate. If, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of its rights and responsibilities under this Easement and all of its rights, title and interest in and to this Easement to a qualified organization,then the rights and responsibilities under this Easement shall become vested in the Town of Southold or if such Town will not accept this Easement, then in another qualified organization, in accordance with a cy pres proceeding brought in any court of competent jurisdiction. 6.08 Extinguishment 9 This Easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.07, the fair market value of such right and interest shall be equal to the difference, as of the date hereof,between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby(such difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinafter referred to as the"Proportionate Share"). In the event a material 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. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered proceeds. Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.07 shall be in addition to, and not in limitation of, any rights they may have by law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. ARTICLE 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 is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary,to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This Easement can be terminated or modified in accordance with the common and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement that are not inconsistent with the purposes of this Easement set forth in the Introduction hereof; provided, however, that Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid Conservation Easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, any regulation issued pursuant thereto, or Section 170(h) of the Code governing"qualified conservation contributions". 7.03 Severability 10 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. 7.04 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 President, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing_Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation,breach, violation and performance. 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 Recordine Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 11 IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Conservation Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: BY: Edward Booth, (Grantor) BY: Pat Booth(Grantor) ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST, INCORPORATED(Grantee) BY: John v.H. Halsey President STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this day of in the year 2003 before me, the undersigned,personally appeared ,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. Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this day of in the year 2003 before me, the undersigned, personally appeared ,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 12 his/her/their signature(s) on th'e instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this day of in the year 2003 before me, the undersigned, personally appeared ,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. Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this day of in the year 2003 before me, the undersigned, personally appeared ,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. Notary Public SCHEDULE A: Metes and Bounds Description of the Property EXHIBIT A: Existing Conditions Map of the Conservation Easement Area 13 .1 � UST20rhq� �L tizL� �O� O NC R HER1(PG�\ 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 : 1000-50-2-15 & 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, j: Marian P. Sumner Director of Conservation Programs cc: Mark Terry 296 Hampton Road / PO Box 1776 / Southampton,NY 11969 /631-283-3195 Fax:631-283-0235 1 www.peconiclandtrust.org