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Home My WebLink About1000-25.-4-11.8 N C01*4SERVATION o , . ' T ° 6 � pipe used N8 5-7 �I •�- �fl� W InExisting Q � a sP�SUBDIVISION 2 QI 3Q S :3O" FARM"STREET %0HARD • o� ono Z-& JL ORIENT � � — ° � �N ; I We11 ` _ SITE or formerly I _J _1.5 Q� Land now p o ° qna - c R/c�oh or Sorenson °�, NOI co 3 s I` o *� 00 _ r's TOWNS Robert W. T°gq'oo"E i22 Rachel D. 5oren5On -14b8 ° �58�1°42'20'E rnl �.y s 5.11' '9 o p ^=, vll � r�. I.; `%•p :", � e HgJp�erso�of: � � i . . . SUFF COUNTY, ' � x ' lr �'�-C/�/`l rl N8-J°�.," •".\ NEW YOR11C �-� W;-r/8,,rL T/n1H d now or forme J O� L�ttLon ar orieRE ReeVeSUFFOLK GOUNTY TAX MAP NUMBER1000-25-4-Ilb �ii��L r,-oolL a /��U � ._...... �,,. $ Ix\ � x---�� I u�l 1' rn ` k CERTIFIED TO: TYa ' _ t xI 1?;I OI i �. a� e�th S 0ttormer/ 1" = 600' NDTE55GOTT MOP m 4 or formerly of \ Ew�tt of: t Lan °W Latham 1 j d Ann N• PROPERTY ZONED AS R-80 w N822p4, N2°2 .--' 1 ,; I.. �-r.eS' �I ' ;So, TYPICAL FLOT FLAN .�an,tory Ared Test Holes b Sea Level Mopping AREA = 6-T5,bc15 sf or 15:512M.-ACRES _d ` , Lr:�� :':::: :.. 1 ®Test Hole,#I doted: 2/1-7/01 not to scal e Ci i; ' r�. 40' w ;' N8'i°40'40"E 314.22 Southold " Town of Sou ho d now or formerly of: cW11; =-- a° 30' O I �',1 (t7 Lan ew Daly ' ,1 =1 Co3nants&Restrictions �� Test Hole # I Test Hole 2 MAP AMENDMENTS: 1� - 1 " Ma Ph far not; Jr. - O `� rn EI3 �� [ PAGE ___- eI. 17.5' eI. 16.0' April II, 2005 ,_ _ _.a --- .; . J05 h g 11 I ' 3ak- ROAD June 2N, 2005 �, l:.M - _ 7 IX Ii , o Tap Soft Top Soil July 5, 2oos I _ ; a �n �007 ...:.r „ Io Area lol 1 1' Jul IN, 2005 6we1 �m a� a� ,' IN Y3uiiding' I. y ��, Laa m Silty I w, September IN, 2005 - now or formerly °p5te xl 19 i 00.00 v a 3' 3' / December 15, 2005 .. Lan . Behr Gralg 5�� \ 5a2°26 v .- `�' 1. � I J Jul 26, 2006 r_, - --_. GheryRoger T. Foyter, X _ In CV house I�—x 'double " Ex ii9 / Lot I �' d 6 � SEF o i ----�;� 1T , Area = 13.4aN3 Acres N oCD 2006 p F IGonservation Aret = 12.45N5 Aches . Q Gravel --- _ // Building Area /c 1.03N8 AGres �� `," UI if r -�- '- - -. ✓'�/ � / G '. ASS yy/ Res,nci!on� HEREBY CERTIFY THAT THE WATER 5UPPLY(5)) AND/OR SEWAGE DISPOSAL 5Y5TEM(5) ----- - -- SePtiGsysandHVSeII of: \ - I PraPae®a > ?; Of ,G well As Per formerly FOR THI5 PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A Land naw or �' ,' Well N8 '40"E 173.C�6' �� CAREFUL AND THOROUGH 5TUDY OF THE 501L,, ND GROUND WATER CONDITION5,ALL Gory L. Tab abor ,y \ , (�(( e 1. �J.O 14.5'water 13' water LOTS,A5 PROPOSED,CONFORM TO THE K TY DEPARTMENT IEA�'TFf" Y� ICES Maureen ^1 o4w I Cp , _ -' -i,, I Ground Ground CONSTRUCTION STANDARDS IN EFFECT AS OF: IS D TE. t !"� ^• ___ - tt %/ GWltivdted PiE'Ids ----Lo_t 3 _ ,Q in ina&end ,y A , s Test Hole*2 ®Q IA07�$ AGI'B��(jQ gravel gravel ' forme y ° dW a d r hht N� 0 ► [" Land J. Writ 4° ,30"E 211.-1-I' 2,�� °m ,�:IJ ° WALL DETAIL FISGHETTI P.E Lot 2 Q. L 8 p.GreS a �'20, umi not t0 SGG l e I,b05 Water tlght seal J m red installed on Pitress unit - I / �1 FINISHED GRAPE 12- FE.�iStdNP 4d' all ,'' ' jp 1 .. cc�G�, ur and I Sew PefSD 'I �` }�eo }� >�'" L:.`..y -_--- I� I �/ 7AIL B2 GALLON 4'-6• IOifl uo ' 1� _ FOR 4 BEDROOM RESIDENCE 1 / 2 // O O STORAGE . gyp.".,"'.�.,-.r., ,- SCENIC ARE .. �, O TANK - ye.E2._._._._.............. A N80es2 NOT TO SCALE A 3 '�W 133.22 Z f Sanitary w / !•� HEREBY CERTIFY THAT TH15 MAP WAS MADE: BY US FROM ACTUAL 5URVEYS Or formerly Of° . °O " Area CAST IRON FRAMES LQnd now hey Turner 162 {�f° tV /( AND GONERS TO GRADE GROUNDWATER WELL SCREEN COMPLETED NOVEMBER lag8 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS: rt Hu / Y Robe Hug he ACTUALLY EXIST AND THEIR POSITIONS CORRECTLY SHOWN AND e �o o a \,yso\ qj�l� z$ ALL 12IMEN51ONAL AND GEODETIC DETAILS ARE CORRECT. `` ` ' 68 L 6" FLAT CONCRETE COVER 5U6MER51BLE '1 FINISHED I'TO GRADE FVMP s I. I5.5 6#tADe e NOTES:LY 5 GALLONS / Load now or © - FOR INDIHELL VIDUALPLOTS WHERE THE SALTWATER INTERFAGE fornler�I, 0 a'MAX :MASDNcr GNIMNErS 15 ENGOUNTERED LE55 THAN AO FEET BELOW THE WATER Ge1'11ma 7 Of; -.� 1 N 16"MIN. TABLE THE WELL SCREEN MAY BE INSTALLED AT A I/4 I'PR FOOT b" •l�„ a I. 14.0 , 514ALLONER DEPTH PROVIDED THAT THE TOP OF THE WELL BI. 13.'IS SCREEN IS AT LEAST 10 FEET BELOW THE WATER TABLE MINIMUM PITCH AND THE HORIZONTAL SEPARATION BETWEEN THE WELL AND HN G. EHLERS N.Y.PL.S. LIG # 50202 I N �� MIN. e„ 61. 13.0 N®®®® ALL LEACHING POOLS 15 AT LEAST 150 FEET. tcgIy/ ?► 4"DIA.PIPE L el. 13.25 I/8"P!<R FOOT a®®® °`� MINIMUM PITCH ®®®W $° o MIN. 4"DIA. PIPE ®®® SUBJECT TO COVENANTS Ec RESTRICTIONS LIBER i- .� ry ,�'b ®® f,., ,•: ,` ,,,`,: ', PAGE �' © � - ° Vy l h�� 1000 GALLON a°MIN, MINIMUM , ht� 29Jr,8 MONOLITHIC rn u 51 AR. "o 8' SEPTIC TANK APPROVED IN ACCORDANCE WITH BOARD ®� "W 3 < E�,•:C� `"^ �-,�-^ / DANC / �A 6'EFFEGTIV , >C�. fa`"''x" REVIEW DETERMINATION DATED f-2� /o,E, Stet �65� i <�: r,, -•-a �;,.�'�•,- / i N O DEPTH ,a REMOVE N 3'HORIZONTALLY AND 6US 5VEROIL TIGALLY. .THIN / "unauthorized alteration or addition to a survey BAGKFILL WITH GLEAN MATERIAL. ' , map bearing a licensed land surveyor's seal is a B'MINIMUM SEPARATION PROM violation of section 7209, sub-division 2, of the SEASONAL H16H 6ROUD WATER New York State Education Law." eI.5.0 SEASONAL HIGH GROUND WATER "Only copies from the original of this survey marked with an original of the land surveyor's A stamped seal shall be considered to be valid true copies" TABLE OF AREAS SUFFOLK COUNTY DEP rTMENT OF HEALTH SERVICES "Certif]cations indicated hereon signify that this survey was prepared in accordance with the ex- Hauppauge,New York Ip 2 2 n TOTAL AREA = IS.511N ACRES isting iCode of Practice for Land Surveys adopted 50% TO BE PRESERVED = 12.40N5 ARRES by the New York State Association of Professional 20% LEFT FOR DEVELOPMENT = 3.1024 ACRES Land Surveyors. Said certifications shall run only to tn�e person for whom the survey is prepared, and on his behalf to the title company, governmen- Th1S1S oee that ernO Sed R t S bdivisionorDevelonmeat LOT I BUILDING AREA = 1.03a8 ACRES tal agency aind lending the listed hereon, and Y� y Y to the assignees of the lending institution. Certifica- or a° C ['"M m the LOT I TO BE CONSERVED = 12.40G5AGRE5 tions are not transferable t0 atltlitional Institutions oC t+ o with a total of lots was LOT 2 AREA = 1.0058 AGRE5 or subsequent owners" approved on the above date.Wager Supplies and Sewage Disposal LOT 3 AREA = 1.0068 ARRES Facilities must conform to construction standards in effect at the time of construction and are subject to separate permits pursuant to those standards. This approval shall be valid only if the realty subdivision/development map is dully filed with the County Clerk within one year of this date.Consent is hereby given for the filing of this map on which this endorsement appears in the Office of the County Clerk in accordance with provisions of the Public Health Law and the Suffolk SANITARY SYSTEM DESIGNED BY: �� SURVEYOR GCNENANTS AND RESTRICTIONS AFFEGTiNG THIS SUBDIVI510N JOSEPFI FI5GF+ETTI, PEJOHN C. LAND Coun Sari Code. HAVE BEEN FILED AT OFFICE OF THE CLERK OF SUFFOLK COUNTY 1125 HOBART ROAD ��--_— ��'��J.� ,�� IN,;uBER PAGE_ SourHOLD NY 11a-rl - , . . N.Y.S. LIC. NO. 50202 Director',Division of EnvironmentafQuality GRAPHIC SCALE 1 "=10 0 ' 631-'165-2954 6 EAST MAIN STREET RWERHEAD, N.Y. 11901 0 100 200 300 369-8288 Fax 369-8287 \\Compagserver\pros\90S\98-267.pro\98-267 conserv—sub.pr V2-7/2006 1:54PM \\Go a server ros\9°5\G8-261. ro\98-26'7 Gonserv_sub. r MAILING ADDRESS: PLANNING BOARD MEMBERS QF SO(/T P.O. Box 1179 JERILYN B.WOODHOUSE �0� Ol0 Southold, NY 11971 Chair l OFFICE LOCATION: KENNETH L.EDWARDS cn Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON Q� (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND 'COUNT`I Southold, NY Telephone: 631 765-193 S Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 13, 2007 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Cluster Conservation Subdivision for Orchard Street Farms The parcel is located on the northwest corner of King Street and Old Farm Road and the south side of Orchard Street in Orient. SCTM#1000-25-4-11.8 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board, at a meeting held on Monday, February 12, 2007, adopted the following resolutions: WHEREAS, this proposal is for a Cluster Conservation Subdivision to subdivide a 15.51-acre parcel into 3 lots, where Lot 1 equals 13.499 acres upon which 12.459 acres is proposed to be preserved through the application of a Conservation Easement, Lot 2 equals 1.006 acres and Lot 3 equals 1.007 acres; and WHEREAS, on October 17, 2005, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John C. Ehlers, Land Surveyor, dated last revised on July 19, 2005; and WHEREAS, on February 14, 2006, the Southold Town Planning Board granted a Negative Declaration pursuant to SEQRA for this project; and WHEREAS, on November 13, 2006, the Southold Town Planning Board granted Conditional Final Plat Approval on the map prepared by John C. Ehlers, L.S. dated last revised July 26, 2006; and WHEREAS, on November 21, 2006, the applicant submitted one (1) copy of the recorded Declaration of Covenants and Restrictions; and WHEREAS, on February 7, 2007, the applicant submitted one (1) copy of the recorded Agricultural and Open Space Covenant; be it therefore Orchard Street Farms Page Two February 13, 2007 RESOLVED, that the Southold Town Planning Board find that all of the conditions of conditional final plat approval have been satisfied and that the requirements for subdivision approval pursuant to Chapter 240 of the Town Code have been fulfilled by the applicant; and be it further RESOLVED, that the Southold Town Planning Board hereby grant Final Plat Approval on the map prepared by John C. Ehlers, L.S. dated last revised July 26, 2006, and authorizes 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. If you have any questions regarding the above, please contact this office. Very truly yours, iJelyn B. Woodhouse Chairperson cc: Melissa Spiro, Land Preservation Building Department (w/map) Tax Assessors (w/map) pis • I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII I(IIIII 11111111111111 IN SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 11/15/2006 Number of Pages: 5 At: 03 : 09 :28 PM Receipt Number : 06-0110626 LIBER: D00012478 PAGE: 755 District: Section: Block: Lot: 1000 025.00 04.00 011.008 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15 .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 $75 .00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 1 2 RECORDED Number of pages 2006 Nov 15 03:09. PM TORRENS Judith A. Pascale CLERK E iF Serial# SUFF iLK C UNi L O0 00124 7_ Certificate# P 755 Prior Ctf.# Deed .Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 5 00 2.Additional Tax TP-584 Sub Total Spec./Assit. Notation / or EA-5217 (County) Sub Total ��/ Spec./Add. TOT. MTG.TAX EA-5217 (State) Dual Town Dual County R.P.T.S.A. /j'� ®b� � Held for Appointment Transfer Tax Comm. of Ed. 5. 00 ~''' Mansion Tax Affidavit ^�INDQ The property covered by this motgage is or will be improved by a one or two ertified Copy family dwelling only. YES or NO Reg. Copy Sub Total J ' If NO, see appropriate tax clause on Other 1 Grand Total page# of this instruments 4 1 District 1000 Section 25 Block 4 Lot 11.8 5 Community Preservation Fund Real 1000 02500 0400 011008 Consideration Amount $ Property Tax Service P T S CPF Tax Due $ Agency R NO A 15- Improved Verification V-0 Vacant Land 6 Satisfaction/Discharges/Release List Property Owners Mailing Address TD RECORD &RETURN TO: Charles R. Cuddy,Esq. TD P. O.Box 1547 Riverhead,NY 11901 TD 7F Title Company Information Co. Name Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants and Restrictions made by: (SPECIFY TYPE OF INSTRUMENT) Christine A. Morton The premisis herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the Township of Southold Town of Southold In the VILLAGE or HAMLET of Orient BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING (over) Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of.your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January loth and on or before May 3.1st. ,Failure to make payments in a timely.fashion could result in}_a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,NY 11757 Riverhead,NY 11901 (631) 957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson,NY 11777 Shelter Island,NY 11964 (631)473-0236 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, NY 11937 Smithtown, NY 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main.Street 116 Hampton Road Huntington,NY 11743 Southampton,NY 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Road Islip, NY 11751 Southold,NY 11971 (631) 224-5580 (631)765-1803 Sincerely, &MUd'? 4YJ4fLwli Edward P. Ramaine Suffolk County Clerk .r J DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION,made this.2 84'day of June , 2006, by Christine A. Morton,residing at 25 East 86th Street,New York,New York 10028,hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS, the Declarant is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York,known an-&designated-as°lots 1, 2 and 3 on the subdivision map of Orchard Street Farm dated July 19, 2005,which premises is more particularly described on the annexed Schedule A; and WHEREAS, for and in consideration of granting the subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold,the owners and prospective owners of said lots that the within covenants and restrictions be imposed on said lots, and that 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 has determined that same. . will be in the best interests.of the,Declarant and subsequent owners of said lots; NOW,THEREFORE,THIS DECLARATION WITNESSETH That the Declarant for the purpose of carrying out the intentions above expressed, does hereby make known, admit,publish, covenant, and agree that the lots 2 and 3 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 and holders of said premises,their heirs, executors, legal representatives, distributes, successors and assigns,to wit: 1. That no herbicides and pesticides shall be applied to Lots 2 and 3 as shown on the subdivision map of Orchard Street Farm dated July 19,2005,unless such use is approved by the Planning Board of the Town of Southold. 2. Future residents of the lots shown on the approved subdivision map may be subject to the noise, dust and odors normally associated with the agricultural activities pursuant to Article XXII,Farmland Bill of Rights, of the Southold Town Code. 3. Prior to any construction activity on any of the lots shown on the approved subdivision map,the project will require.a General Permit for the storm water runoff from construction activity(GP-02-01) administered by the New York State Department of Environmental Conservation under Phase H State Pollutant Discharge Elimination System(SPDES)Program. 4. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated,revoked or amended by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. 5. If any section, subsection,paragraph, clause,phrase or provision of these covenants and restrictions shall,by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 6. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York,by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 7. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. Christine A. Morton STATE OF NEW YORK) COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Recor.Zd thereof, do hereby certify that I have compared the annexed with the original L�.G��f� n RECORDED in my office on . '0(�-•• under LIBER ....I $••.•..•••••.•PAGE .)5!5-....and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I ve hereunto set y hand and affixed the seal of said County and Court on this .� --..day of.. 1�.�!OIYJ r•• 20.Q�. i CLERK... ....--- ........................................ SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a monument set at the intersection of the northerly line of King Street and the easterly line of Old Farm Road and from said point of beginning running along said northerly line of King Street, North 80 degrees 52 minutes 40 seconds West, 316.57 feet to land now or formerly of Gemma; RUNNING THENCE along said land now or formerly of Gemma the following three courses and distances: 1. North 05,degrees 42 minutes 30 seconds West, 135.60 feet; 2. North 57 degrees 56 minutes 55 seconds West, 36.68 feet; 3. North 81 degrees 02 minutes 00 seconds West, 162.67 feet to land now or formerly of King; RUNNING THENCE along said land now or formerly of King and then land of others, North 07 degrees 33 minutes 30 seconds West 838.00 feet to land now or formerly of Saint; RUNNING THENCE along said lands now or formerly of Saint, North 83 degrees 50 minutes East, 74.68 feet to lands now or formerly of Van Nostrand; RUNNING THENCE along said lands now or formerly of Van Nostrand, South 87 degrees 49 minutes East, 122.00 feet to lands now or formerly of Tabor; RUNNING THENCE along said lands now or formerly of Tabor the following three courses and distances: 1. South 02 degrees 19 minutes 20 seconds East, 11.60 feet; 2. South 89 degrees 42minutes 20 seconds East, 105.11 feet; 3. North 02 degrees 19 minutes 20 seconds West, 166.40 feet to the southerly line of Orchard Street; RUNNING THENCE along the southerly line of Orchard Street, North 87 degrees 40 minutes 40 seconds East, 37.50 feet; RUNNING THENCE South 02 degrees 19 minutes 20 seconds East, 205.00 feet; RUNNING THENCE along curve to the right with a radius of 10 feet, a distance of 15.71 feet; SCHEDULE A continued RUNNING THENCE the following three courses and distances: 1. North 87 degrees 40 minutes 40 seconds East, 253.54 feet; 2. South 02 degrees 19 minutes 20 seconds East, 246.77 feet; 3. North 87 degrees 40 minutes 40 seconds East, 314.22 feet to lands on a certain subdivision map entitled, Bayview Farm at Orient, filed in the Suffolk County Clerk's Office as Map No. 7045; RUNNING THENCE along said lands designated as Park on a certain map entitled, Bayview Farm at Orient, filed in the Suffolk County Clerk's Office as Map No. 7045, South 13 degrees 34 minutes 30 seconds West, 524.12 feet to the easterly line of Old Farm Road; RUNNING THENCE along said easterly line of Old Farm Road, South 33 degrees 07 minutes 20 seconds West 325.00 feet to the point or place of BEGINNING. I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII I(IIIII IIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 02/06/2007 Number of Pages: 7 At: 11:52 :53 AM Receipt Number : 07-0013287 LIBER: D00012490 PAGE: 916 District: Section: Block: Lot: 1000 025 .00 04 .00 011. 008 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $21.00 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 $81.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County _1 2 ' rr•-.nr•-- Number of pages 2007 Fein 06 11:52:53 PM Judith H. r'a cafe TORRENS CLERK OF Serial# S4 iF FOLK COUNTY Certificate# P 916 Prior Ctf.# Deed . Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 5. 00 2.Additional Tax TP-584 Sub Total .Spec./Assit. Notation or EA-5217 (County) Sub Total Q� Spec./Add. TOT. MTG.TAX EA-5217 (State) Dual Town Dual County R.P.T.S.A. ®b�cc Held for Appointment Transfer Tax Comm. of Ed. 5. 00 Mansion Tax Affidavit � o=NOE The property covered by this motgage is or will be improved by a one or two Certified Cop family dwelling only. YES or NO Reg. Copy Sub Total ` i If NO, see appropriate tax clause on Other � Grand Total R/ ds page# of this instrument. Ga-G�-� 4 IDistrictlOC-1 1000 02500 0400 011008 ,11.8 5 Community Preservation Fund Real P T S Consideration Amount $ Property R SFL A Tax Service CPF Tax Due $ 05-FEB-07 Agency _ _ Improved Verification Vacant Land 6 Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD &RETURN TO: TD Charles R. Cuddy,Esq. TD P.O.Box 1547 Riverhead,NY 11901 TD 7 Title Company Information Co. Name Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Agricultural and Open Space Covenant made by: (SPECIFY TYPE OF INSTRUMENT) Christine A. Morton The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of Southold Town of Southold In the VILLAGE or HAMLET of Orient BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING (over) Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January loth and on or before May 31 st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, NY 11757 Riverhead,NY 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson,NY 11777 Shelter Island,NY 11964 (631)473-0236 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,NY 11937 Smithtown,NY 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, NY 11743 Southampton, NY 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Road Islip, NY 11751 Southold, NY 11971 (631) 224-5580 (631) 765-1803 Sincerely, Edward P. Ramaine Suffolk County Clerk AGRICULTURAL AND OPEN SPACE COVENANT THIS DECLARATION, made this 1S{ day of Fblruor cl , 2007, by Christine A. Morton,residing at 25 East 86th Street,New York,New York 10028, hereinafter referred to as the DECLARANT: WITNESS TO: WHEREAS, the Declarant is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York,known and designated as lots 1, 2 and 3 on the subdivision map of Orchard Street Farm dated July 26, 2006, as more particularly described on the annexed Schedule A; and WHEREAS, the Declarant agrees that open space and agricultural soils and uses should be preserved, and WHEREAS, it is the policy of the Town of Southold to preserve agriculture and to protect the scenic and open space character of the Town, and i WHEREAS, both Declarant and the Town of Southold recognize the agricultural, scenic and natural values of Declarant's property at Orient, in the Tov; of Southold, as hereinafter more particularly described, should be preserved for agricultural or open space purposes; i NOW, THEREFORE,THIS DECLARATION WITNESSETH : 1. The Declarant agrees that the property labeled Conservation Area(Lot 1) as shown on the map of"Orchard Street Farm" at Orient, last dated July 26,2006,shall be protected and conserved in perpetuity pursuant to the provisions of the Declaration. Except where reference is made to the entire subdivision Lots 2 and 3 shall not be affected by this covenant. 2. The Conservation Area shall only be used or maintained solely for agricultural or open space purposes. 3. Agricultural purposes shall mean the right to conduct farming, including the cultivation of crops of all kinds including but not limited to all forms of horticulture,the pasturing, grazing, feeding and care of livestock. 4. Customary agricultural fencing, deer fencing and accessory structures including Page 1 of 4 but not limited to barns and sheds, as reasonably necessary in connection with agricultural use and the maintenance of horses, sheep, beef or dairy cattle or similar livestock may be constructed, maintained or replaced by Declarant, except there shall be no barns, sheds, or buildings erected or located in the"scenic area"as designated on the subdivision map prepared by John C. Ehlers, Land Surveyor, last dated July 26, 2006. Commercial livestock operations involving swine,poultry, mink, ratites, and other animals likely to produce highly offensive odors, shall be prohibited. 5. The excavating or filling of the property, including but not limited to mining is prohibited, except as may be necessary to construct and maintain permitted structures and improvements on the property. The removal of topsoil, sand, or other materials shall not take place. 6. There shall be no dumping or accumulation of unsightly or offensive materials on the property including, but not limited to trash, garbage or chemical waste. However this shall not prevent the use of materials on the property in the normal course of sound agricultural practices, including fertilization and composting. 7. The display of signs, billboards, or advertisements is 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 and/or address 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 Declarant's covenants. Signs shall not be more than six square feet in size, be non-illuminated and are subject to regulatory requirements of the Town. 8. The use of the property for any industrial purpose is prohibited. Uses related to agricultural activities as allowed by this declaration shall not be considered commercial uses for the purpose of this paragraph. 9. The use of the property as a leaching or sewage disposal field is prohibited, except to service the permitted structures. The use of the property for a drainage basin or sump is prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the property. 10. The use of the acreage of this property for purposes of calculating lot yield on any other property is prohibited. 11. In the event the Property is no longer used for agricultural purposes then it shall remain as open space, undisturbed in its natural state. The Declarant, his successors and assigns Page 2 of 4 shall have the right to remove diseased or dead trees, shrubs or other vegetation and replace them. 12. The Town shall have the right to inspect the Property and to enforce this Covenant. However, the public shall not have any right to enter upon the Property or enforce this Covenant. 13. In the event of any violation of this Covenant, Town of Southold shall have the right to require Declarant to restore the property to the condition existing prior to the claimed violation and to enforce this right by any action or proceeding that Town of Southold may reasonably deem necessary. However, Declarant shall not be liable for any changes to the property resulting from causes beyond Declarant's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Declarant under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the property resulting from such causes. 14. The building envelope at Lot 1 is excluded from this Covenant and a residence and customary residential accessory structures may be constructed within that envelope. 15. By this Covenant, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities,pursuant to Article XXII,Farmland Bill of Rights, of the Southold Town Code 16. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. 17. Declarant shall have the right to convey, mortgage or lease all of its remaining interest in the property but only subject to this covenant. 18. If any section, subsection,paragraph, clause,phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal,unlawful, invalid; or unconstitutional. 19. The aforementioned Restrictive Covenants are intended for the benefit of and Page 3 of 4 r shall be enforceable by the Town of Southold, State of New York,by injunctive relief or by any other remedy in equity or at kaW. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability j whatsoever upon the Town of Southold or any officer or employee thereof. 20. If any provision of this Covenant or the application thereof to any person or circumstance is found to be invalid,the remainder of the provisions of this Covenant and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 21. There shall be no further subdivision of any pah property described in the annexed schedule A. 4 22. Declarant shall record this Covenant in the land records of the office of the Clerk of the County of Suffolk, State of New York. COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK A I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record qf,ereRf, do hereby certify that I have compared the annexed with the original ..' ;- IA.40L..............RECORDED in my office on Aftp.1.0.q...... under LIBER .11 .'J%Q................PAGE ..946 ......and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, have hereunto set hand and affixed the seal of said County and Court on this ....day of. .. .......... 20.4.- .. dAZk CLERK......................................... instrument. Notary Public ` CHARLES R.CUDDY Notary Public,State of New York No.5872225 Page 4 of 4 Qualified in Suffolk County Commission Expires December 31,2010 SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Orient,Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a monument set at the intersection of the northerly line of King Street and the easterly line of Old Farm Road and from said point of beginning running along said northerly line of King Street, North 80 degrees 52 minutes 40 seconds West, 316.57 feet to land now or formerly of Gemma; RUNNING THENCE along said land now or formerly of Gemma the following three courses and distances: 1. North 05 degrees 42 minutes 30 seconds West, 135.60 feet, 2. North 57 degrees 56 minutes 55 seconds West, 36.68 feet; 3. North 81 degrees 02 minutes 00 seconds West, 162.67 feet to land now or formerly of King; RUNNING THENCE along said land now or formerly of King and then land of others, North 07 degrees 33 minutes 30 seconds West 838.00 feet to land now or formerly of Saint; RUNNING THENCE along said lands now or formerly of Saint, North 83 degrees 50 minutes East, 74.68 feet to lands now or formerly of Van Nostrand; RUNNING THENCE along said lands now or formerly of Van Nostrand,South 87 degrees 49 minutes East, 122.00 feet to lands now or formerly of Tabor; RUNNING THENCE along said lands now or formerly of Tabor the following three courses and distances: 1. South 02 degrees 19 minutes 20 seconds East, 11.60 feet; 2. South 89 degrees 42minutes 20 seconds East, 105.11 feet; 3. North 02 degrees 19 minutes 20 seconds West, 166.40 feet to the southerly line of Orchard Street; RUNNING THENCE along the southerly line of Orchard Street, North 87 degrees 40 minutes 40 seconds East, 37.50 feet; RUNNING THENCE South 02 degrees 19 minutes 20 seconds East, 205.00 feet; RUNNING THENCE along curve to the right with a radius of 10 feet, a distance of 15.71 feet; SCHEDULE A continued RUNNING THENCE the following three courses and distances: 1. North 87 degrees 40 minutes 40 seconds East, 253.54 feet; 2. South 02 degrees 19 minutes 20 seconds East, 246.77 feet; 3. North 87 degrees 40 minutes 40 seconds East,314.22 feet to lands on a certain subdivision map entitled, Bayview Farm at Orient, filed in the Suffolk County Clerk's Office as Map No. 7045; RUNNING THENCE along said lands designated as Park on a certain map entitled, Bayview Farm at Orient, filed in the Suffolk County Clerk's Office as Map No. 7045, South 13 degrees 34 minutes 30 seconds West, 524.12 feet to the easterly line of Old Farm Road; RUNNING THENCE along said easterly line of Old Farm Road, South 33 degrees 07 minutes 20 seconds West 325.00 feet to the point or place of BEGINNING. r� MAILING ADDRESS: PLANNING BOARD MEMBERS ¢ ��'� �� P.O. Box 1179 DONALD J.WILCENSKI � � �� Fy, Southold, NY 11971 Chair �� °! OFFICE LOCATION: WILLIAM J.CREMERS a Town Hall Annex PIERCE RAFFERTY r�� 654375 State Route 25 JAMES H.RICH III g (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ° �j°� Southold, NY Telephone: 631 765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 21, 2016 Ms. Christine Churchill and Mr. Keith Scott Morton P.O. Box 134 & 25 East 6t" Street Apartment 12 G Orient, NY 11957 New York, New York 10028 Re: Proposed Lot Line Change SCTM#1000-25-4-11.9 & 1000-25-4-7 Dear Ms. Churchill and Mr. Morton: The Planning Board reviewed your request to transfer 0.7 acres of open space preserved through the Planning Board approved Conservation Subdivision of Orchard Street Farms to SCTM#1000-25-4-7. After review, the Planning Board agreed not to support a proposed lot line change that would allow preserved open space to be divided and transferred to SCTM#1000-25-4-7.. If you have any other questions, please do not hesitate to contact this office. Very truly yours, Donald J. Wilcenski Chairman cc: Charles Cuddy, Esq. Southold Town Planning Board - Page Two- March 10. 2014 -- -- ....... -.. -- Project Name: T Colony Pond T`SCTM#: '. 1000-52-5-60.3 -------- I - — Location: on the s/s/o Colony Road, approximately 470' e/o Bayview Avenue, in ! Southold 1 Description: This proposal is for a standard subdivision of a 13.540-acre parcel into ! five lots where Lot 1 = 0.8 ac., Lot 2 = 7.7 ac., including a 1 ac. building envelope and 6.8 acres of preserved Open Space, and Lots 3, 4, & 5 = _ 0.7 ac. in the R-80 Zoning District_ - - --- -------------------- - - --- --------- - Status: Condditiitional Preliminary Approval Action: Review referral from the Greenport-Fire Department_ Attachments: l Staff Report ! --- - --..--------------------------...........................----...-........ - ------------ Project name: I Harold R_Reeve & Sons, Inc.- _� SCTM#: 11000_140-1_6 Location: _ 1605 Wickham Avenue Mattituck _ Description: This proposal is to subdivide a 5.1 acre split-zoned parcel into 4 where Lot Lot 1 equals 1 acre inclusive of 0.1 acres of unbuildable land, Lot 2 equals 1 acre inclusive of 0.1 acres of unbuildable land, Lot 3 equals 1 acre inclusive of 0.04 acres of unbuildable land located in the R-40 Zoning District and Lot 4 equals 1.8 acres located in both the R-40 and B Zoning Districts. A 0.3 acre proposed private road, Creek View Lane, is located on the northeast side of the subdivision off of Wickham Avenue. I This proposal includes a Change of Zone Application where the zoning on Lot 4 is proposed to change from the R-40 and B Zoning Districts to the LB Zonin District -------- --- I- ..............._.---------.-._..-.....-----------------------.-.-.-.-.-.-.-.-.-.-...----------...-------------------------------------------------- Status: New.Application Appltion - - - --._ -.---- -. -- Action: Reewfor completeness-.- -..- - ----- — Attachments: Staff Report Discussion: ✓ Draft February Monthly Report ✓ Harold R. Reeve & Sons, Inc. Request for Change of Zone, SCTM#1000-140-1-6 ✓ Charles Cuddy: SCTM#1000-25-4-11.8, Keith Scott Morton CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net February 23, 2007 Mr. Anthony Trezza Southold Town Planning Department P.O. Box,1179 Southold,NY 11971 Re: Conservation Subdivision for Orchard Street Farms SCTM# 1000-25-4-11.8 Dear.Mr. Trezza: This is to advise that the subdivision map for Orchard Street Farm was filed on February 23, 2007 with the Suffolk County Clerk as a filed Map No.: 11498. Very truly yours, Charles R. Cuddy CRC/ik Enclosures . 01129/20@7 1':06 6-313699060 PAGE 131192 5� CH NRLES R. CUDDY Attorney at Lave 445 Oriffing Avenue Riverhead,New York 11901 Tel No.: (631) 369-8240 Fax No.: (631)369-9080 TO, Anthony Trezza Fax#: 765-3136 TFLECOPIER COVER SHEET Total.Number ofpages 2 including cover sheet. If transmission is faulty or incomplete,please inform us as soon as possible. Operator: Iwona Date: January 29,2007 Comments: Re: Conservation Subdivision for Orchard Street Farms-Keith Scott]Morton We amended the covenant at paragraph 4 to include the following additional language: 44except there shall be no barns,sheds,or buildings erected or.,located in the"scenic area"as designated on the subdivision map prepared by John C. Ehlers,Land Surveyor last dated July 26, 200619 Attached is a copy of that revised paragraph.Please con-firm that this is acceptable. Charies R. Cuddy This fax transmmtssion together will,materials following are intended for the person or persons named hereon and are cosnsidered conftdential information. If you have received this transmission in error,you are directed to return these materials immediately by regatta?snail to the Sender at the Above address. Postage Incurred for or the retatrtt will be paid by this firm, r JANN 2' 9. 2007 .l'1�;:tV b:+ .•ram 0 /'29/'205; 11:a6 6313699090 PAGE 132/02 but Pat limited to barns and sheds,as reasonably necessary in connection with agricultural use and the maintenance of hers;s, sheep,beef or dairy cattle or similar livestock may be constructed, maintained or replaced.by Declarant,except there shall be no barns,sheds, or buildll7g erected 4r located,in tl?e"scenic aroa!'BR, designated on the ubdivision ma _ _aced b John Q.FIla_rs.L.a;cl 9tt—Vg or. act dated Jul •26 2006. Commercial.livestock operations involvio.g swine,poultry,mink,ratites,and other animals likely to produce higktly offensive odors,shali be prohibited. 5. The excavating or filling of the property, including but not limited to mining is probJbited,except as may be:necessary to construct and maintain permitted structures and irnprovecnents an the property.The removal.of topsoil, sand,or other materials skull not take place. 6. There shall be no dumping or. accumulation of unsightly or offensive materials ou, tile.property including, but.not limited to trash, garbage or chemical waste.However this shall not prevent the use of materials on the property in the normal course of sound agricultural. practices, including fertilization acid composting. 7. The display of signs, billboards,or advertisements is prohibited,except signs whose placement,number, and design do not signif cautly diminish the scenic character of the property attd only for any of the following purposes: (a)to state the name and/or address 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 host the property to control unauthorized entry or use,or(d)to anrim ince Declarant's covenants. Signs shall,not be more than six square feet in size,be rian-illuminated and are subject to regulatory requirements of the Town. S. The use of the property for any industrial purpose is prohibited. Uses related to asneultural activities as allowed by this declaration shall not be considered commercial uses for the purpose of this paragraph. 9. The use of the properly as a leaching or sewage disposal field is prohibited., except to service the permitted.structures. TIe use of the property for a drainage basin or sump is prohibited, except in accordance'%rith sound agricultural management practices and in order to control flooding or soil erosint;on the property. 10. The use of the acreage of this property for purposes of calculating lot yield on any other property is Prohibited. 11. in the evens the property is no longer used.for agricultural purposes then it shall remain as open space,undisturbed in its natural.state.The Declarant,his successors and assigns Pagc 2 of 4 01/10/2077 12:13 6;31�D699080 PAGE c01,/05 CHARLES R,, CUDDY Attorney at Lave 445 Griffing Avenue Riverhead,New York 11901 Tel No.: (631)369-8200 Fax No.: (631)369-9050 4•-- TO:Anthony Trezza Fax 0: 765_3136 1 L. TELECOPIER COVER SHEET Total Number of pages 5 including cover sheet. If transmission is faulty or incomplete,please inform us as soon as possible. Operator: 1:wona Date: January 10,2007 Comments: Re: Conservation Subdivision for Orchard Street Farms-Keith Scott Morton Attacked is a proposed revised covenant for the Morton parcel in Orient. We have attempted to incorporate an applicable language from the Deed of Easement.I would like to review 11iis with you on Friday with the desire it would be reviewed by the Board next Tuesday. Charles R. Cuddy This fda•traruminien.together with.-materials following are Intended for the pQrsota or persons named hereon and are cowidered confidential tnformatton. )f you have received flits tr4w.smiswim in error,you are tdrected to return these materials lmmerdiatelk kv regular mail to the sender at the above address. Postage incurred for the return will bep.ai.d by �CrFKi'i::A1 �n:x•54;•1„�- .. .. - ..ta:w.rfr'.,ixa<'a.;,_7=tn�. ,,. fll 1 0 2007 �+nh-��c¢sra:G::.1;eitAC..a.::u::..ai:r�ixay.xlls.:i:aa?fx:�:�..1R7t+."•:• 01 110f 20s3 7 12:'1:3 6313699080 PAGE 02/05 AGRICULTURAL AND OPEN SPACE COVENANT THIS.DECLARATION,made this day of .2007,by Christine A. Morton,residing at 25 East 86th Street,New York,New York 10028, hereinafter referred to as the DECLARANT, WITNESS TO: WHEIRIEAS, the Declarant is the o Amer in fee simple of certain real property situate at Orient,Town of,Southold,County of Suffolk,State of New York,known and designated as lots 1, 2 and 3 on.the subdivision map of Orchard Street Farm dated July 19, 2005, as more particularly described on the annexed Schedule A; and WHEREAS,the Declarant agrees that open space and agricultural soils and uses should be preserved, and WHEREAS,it is the policy of tl,-,te Town of Southold to preset.ve agriculture a104 to protect the scenic and open space character of the Town.,and WHEREAS,both Declarant and the Town of Southold recognize the agricultural,scenic and natural values of Dcolarant's property at Orient,in the Town of Southold, as hereinafter more particularly described.,should be preserved for agricultural or open space purposes; NOW, THEREFORE,THIS DECLARATION"A'ITNESSETH : 1., The Declarant agrees that the property labeled Conservation Area(Lot 1)as shown,oR the map of"Orchard Street Farm"at Orient, last dated July 19,2005,shall be protected and conserved in perpetuity pursuant to the provisions of the DecWation. Except where reference is made to the entire subdivision Lots 2 and 3 shall not be affected by this covenant. 2. The Conservation Area shall only be used or maintained solely for agricultural or open space purposes, 3. Agricultural purposes s11a11 mean the tight to conduct farming,including the cultivation,of crops of a1.1 kinds including but not limited to all forms of horticulture,the pasturing,grazing, feeding and Dare of livestock. 4. Customary agricultural fencing, deer fencing and accessory structures including Page 1 of 4 01,110/2007 12:13 631'7o99060 PAGE 03105 but not limited to brans and sheds,as reasonably necessary in connection with agricultural use and the maintenance of horses, sheep,beef or dairy cattle or similar.livestock may be constructed, maintained or replaced by Dmlarant. However, commercial livestock operations involving swine,poultry,mink,ratites,and other animals likely to produce highly offensive odors, shall bM prohibited. 5. The excavating or filling of the property,including but not limited to mining is prohibited,except as may be necessary to construct anal maintain permitted structures and improvements on the property. I lie removal of topsoil,sand,or other materials shall not take place. 6. There shall be no dumping or acc;amulation of unsightly or offensive materials on the propez�;;v inciudin.g.but not limited to trash,garbage or chemical waste. However this shall not prevent the use of materials on the property'in the normal course of sound agricultural practices,including fertilization and composting. 7. The display of signs,billhoards,,or ad-v,5rtisements is prohibited, except signs whose pl=emeni.,number, and design do not si,gnitigantly diminish the scenic ebaracte,r of the property grid only for any of the following pt��`poses: (a.)to slate the name and/or address 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 unauthorised entry or use,or(d)to at7.rzounce Deelarant's covenants. Signs shall not be more than six square feet in size.,be non-illuminated and are subject to regulatory requirements of the Town. 8, The use of the property for any industrial purpose is prohibited. Uses related to agriculturai activities as allowed by this declaration shii.l riot be considered commercial uses for the ptu+pose' of this paragraph. 11'te use of the property as a leaching or sewage disposal field is prohibited,except to service the permitted structures. The use of tb� property fora drainage basin or, sump is prohibited, except in.accordance with sound agricul,ti,7al management practices and in order to contr�)Vfiooding or soil erosion on.the property. 10. The use of the acreage of this propert.: for purposes of calculating Iot yield on.any other property is prohibited. 1 In the event the Property is no longer used f;,r, agricultural purposes then it skull remain.�js open space, undisturbed in its natural state, The Dea.larant,his successors and assigns sh- hay e the right to remove diseased.or dead tree;,, shrubs oy 11 other vegetation,and replace them, i ]Pagc,'2 of 4 I % 0(208r 1'?: i3 631�699080 PAGE 04/05 12, The Town,shall have the right tc_i inspect ine Property and to enforce this Covenant. I3owever, the;cubli.e shall not have/any right to enter upon,the property or enforce this Covenant. 1.3. In the event of any violation of this Covenant, Town of Southold shall have the right to require Declarant to restore the property to the ccqadition existing'prior to the claimed violation and to enforce this right by any actieca or proceeding that TO,,N-n of Southold may reasonably deem necessary. However, Declarant shall not be liable for any changes to the proper,resulting from causes beyond Declarants convoy, including,without limitation,fire, flood,storm, and each movement, or frorxi any prcid�nt act ors taken by Declarant under emergency conditions to prevent,abate, or/mitigate lsi,gnifieant injury to persons or to the propert, resulting from such causes. 14. The building envelope at Lot 1 is ex I c'-adcd from this Covenant and a residence and customary residential. accessory structures mayl be coiistnicted within that envelope. 15. By this Covenant,lfuture residents of tI,"ie lots which comprise the subdivision are advised.that the lots may be subject to the noise, dust and odors normally associated with agricultural activities,pursuant to Article=I, iF";"and Hill of Rights,of the Southold Town Code 16, These covenants and restrictions shall iun With the land and shall be binding upon the Declarant, its successors and assigns,and upon a1i 'persons or entities claiming under them, and may be terminated, revoked or amended by the owner,4£the property only with the written consent of the Toren.granted by a majority plus.'one,vote of the Planning Board after a public hearing. 17. Declarant shall,have the right to convey°,,ino.rtgage or lease all of its remaining interest in the property but only subject to this oo�enan't. IS. If any section, subsection,paragraph,clause,phrascor provision of these covenants and restrictions shall,by a Court of cr_.inpeteatt jurisdietibu, be,adjudged`f,llegal, unlawful, invalid or held to be unconstitutional,1zhe s a shall not affect the validity•,of these covenants as a-,vhole or any other part or provision Iierebf other than the part so adjudged to be illegal,unlawful, invalid, or unconstitutional, 19, 'The aforementioned Restrictive.Covenants arc intended for the benefit of ai.d shall be enforceable by the Town of South,old�, Stag o'fNew York, b},injunctive relief or by auty other remedy in equity or at law. The--,'allure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the vaiidity,of,this covE.,.iant nor to impose any liability Page of 4 , i i . lii ellllt�;2N�r �:1 h 1 F,�4E78E,, PAGE 6-�/05) I whatsoever upon the Town of Southolc or any of zcer or et(,Iployee thereof. 20. If any provision of t1lis Covenant or,the application thereof to,any person or c9 cumstance is found to be invalid,the rern irxder of the provisions of this Covenant and the VOCwtion of such provisions to persons or c-rcul m, tances Other than those as to which it is ound to be inTa,lid shall not be affected therk:by_ I 21. There shall be no further su> division bf any pars:of the property described.in the annexed schedule A. 226. 1 I)eclwant shall record this Covenan*in the lard re.cortls of the office of the Clerk of the County of Suffolk, State of New/York. 2:'. The within Covenant,s made si.bfect to the pro fisic ns of all laws required by law or by the-•r provisions to be incorporated herein and made a par_hereof,as though fully set forth. `IN WITNESS WHEREOF,the Declaraizt above named ( as executed the foregoi.ng Declal-aiicn the day and year first above written,. Christine A. Mort:)n S7,4.1 L OF NEW YORK.) ' BOUNTY OF SUFFOLK) � 1 On the day of ,2007, before I te, the uttdersign.ed,personally appeared CHRISTINE A. MORTON,personally kri.own to me or proved to me(ni the basis of satisfactory evidence to be the individual whose name is subscribed�o the within instrument and acknowledged to me that site executed the same ii�her capacity and that by her signature on the instrument.the individual, or the person upon behalf of which the individual acted.,executed fete instrument. Notary public Page 4 of 4 s� — — CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net November 20, 2006 Mr. Anthony Trezza Southold Town Planning Department - P.O. Box-1179 Southold,NY 11971 `` _ - A;:�< �. Re: Conservation Subdivision for Orchard Street Farms b��4 ', �n,D 29� SCTM# 1000-25-4-11.8 Dear Mr. Trezza: In accordance with the resolution from the Planning Board granting,:conditional,�f nal.-approval�to the above subdivision, we are enclosing a certified copy of the Declaration of Covenants.and Restrictions recorded with the Suffolk County Clerk on November 15, 2006, at Liber D00012478 page 755. Please make it.part of your record. Also,please forward to us any additional language you wish to have incorporated in the Agricultural/Open Space Easement. Very truly yours, Charles IZ.. Cuddy CRC/ik Enclosures S� CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net October 17, 2006 Mr. Anthony Trezza Southold Town Planning Department P.O. Box 1179 Southold,' Y i 197 i Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Mr. Trezza: Please confirm to me that you will schedule the final hearing for the above subdivision for your November meeting. Thank you. Very truly yours, Charles R. Cuddy CRC/ik Enclosures dd t z � 4a OCT 1g 2GOb I1I/15/22006 11 55 531c1161neGo PAGE 01/01 f i 1l� CHMMES R. CIUDDY Attorney at Law 445 GriffRng"Avenue Riverhead,New'Vork 11901 Tel No., (63.1)369-8200 Fax No.: (631.)369.9050 ems- � ► l , � TO: 'Anthony Trezza Fax#: 765-3136 I '.I'.IELECOMER C+O VER SHEEET Total Number of pages 1 including coven sheet. If transmission is faulty or incomplete,please inform us as soon as possible. r Operator. Iwona Late: November 15,2006 Cotnnr�ents: 1 Re: Conservation Subdivision for Orchard Street Farms-Keith Scott Dorton Please forward to nee the proposed.language for the agricultural/open space easement so we may complete that covenant,record r.t and ijave tlae map signed. i Charles R. Cuddy nk fax trarasmitsion together with Malerials following am�'t�kn ded forYlt¢persOn Or persons namedf hereon axd are Considered confidential►tsfannatirrm If you have received this tianSmin On•in error,you pre directed to return these Materials-immedf.ately 8y tyular muff to the sendarat the above address.'Posta a i teatrreit!or the retttrtr will be paid by a`Fts ferry � � " R'NA+Kph'k'1'Iv.\'3{PJY�iR'AA.A':�'M.1 f 5 Ni t cM KnWiNif:rflb N 1 WS-�}n �/'s! �— I I ' 4.s� NOV 1 5 2006 ' �' tf..is^sxmr.'n+�wSv¢ntvr.�aa:.wanax.:.,s,r.... ,..,,..•�aa,.a,x.w7....it.,,. s�•�. I 1 1 r MAILING ADDRESS: PLANNING BOARD MEMBERS _.w``�oF Sorry P.O. Box 1179 JERILYN B.WOODHOUSE �QV� Ol0 Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H. SIDOR G 54375 State Route 25 GEORGE D.SOLOMON 'Ol� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND Iron Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 14, 2006 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Cluster Conservation Subdivision for Orchard Street Farms The parcel is located on the northwest corner of King Street and Old Farm Road and the south side of Orchard Street in Orient. SCTM#1000-25-4-11.8 , Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board, at a meeting held on Monday, November 13, 2006, adopted the following resolutions: The public hearing was closed. WHEREAS, proposal is for a Cluster Conservation Subdivision to subdivide a 15.51- acre parcel into 3 lots, where Lot 1 equals 13.499 acres upon which 12.459 acres is proposed to be preserved through the application of a Conservation Easement, Lot 2 equals 1.006 acres and Lot 3 equals 1.007 acres; and WHEREAS, an application for sketch plan approval was submitted to the Planning Board on April 15, 2005; and WHEREAS, on June 1, 2005, the applicant submitted the LWRP Coastal Consistency Assessment Form; and WHEREAS, on July 20, 2005, the applicant submitted copies of a revised subdivision map based on comments and recommendations made by the Planning Board; and WHEREAS, on September 1, 2005, the applicant submitted copies of the draft Declaration of Covenants and Restrictions; and WHEREAS, on October 17, 2005, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John C. Ehlers, Land Surveyor, dated last revised on July 19, 2005; and Orchard Street Farms Page Two November 14, 2006 WHEREAS, on October 19, 2005, the applicant submitted the Phase IA Archaeological Survey for the subject property; and WHEREAS, on October 25, 2005, the applicant submitted copies of the revised draft Declaration of Covenants and Restrictions; and WHEREAS, on November 1, 2005, the applicant submitted the park and playground fee in the amount of$7000; and WHEREAS, on December 16, 2005, the applicant submitted copies of the draft Agricultural and Open Space Covenant; and WHEREAS, on February 14, 2006, the Southold Town Planning Board granted a Negative Declaration pursuant to SEQRA for this project; and WHEREAS, on August 17, 2006, the applicant submitted copies of the final draft Declaration of Covenants and Restrictions; and WHEREAS, on September 28, 2006, the applicant submitted four (4) mylars and five (5) paper prints of the final map, prepared by John C. Ehlers, L.S. dated last revised July 26, 2006, each containing the Health Department stamp of approval; and WHEREAS, on November 1, 2006, the applicant submitted the application for final plat approval and a letter requesting an extension of time for conditional sketch approval, which expired on April 18, 2006; and WHEREAS, on November 3, 2006, the Planning Board received the LWRP Coastal Consistency Review from the LWRP Coordinator and reviewed it at their work session o November 6, 2006; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants an extension of time for conditional sketch approval, effective from April 18, 2006 until April 18, 2007; and be it further RESOLVED, that the Southold Town Planning Board finds that the project is consistent with the policies of the Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final Plat Approval on the map prepared by John C. Ehlers, L.S. dated last revised July 26, 2006, subject to the following conditions: 1. Submission of a copy of the filed Declaration of Covenants and Restrictions. 2. Submission of a draft Agricultural/Open Space Easement for approval by the Planning Board and the Town Attorney. Once approved, the document shall be filed in the Office of the County Clerk. :r Orchard Street Farms Page Three November 14, 2006 This approval is valid for six (6) months from the date of resolution unless an extension of time is requested by the applicant and granted by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, ?erilyn B. Woodhouse Chairperson cc: Melissa Spiro, Land Preservation -13� 06(NION) 14 42 ERIAN-- TEL:6314738793 P. 001 tb� TEr ; November 13,2006 2025 King street Orient,N.Y. Planning Board Tower.of Southold Southold,N.Y. re: Otchard Street Farm 1 t100-25�-11.� Dear Planning board: I cannot attend tonight's public meeting on the subject Cluster Conservation Subdivision but have some comments which I trust you will consider.In talking to the Planning engineer this rooming,I am told that the property is 2 acre zoning. The application is to create 2 one acre building lots,lc t 2 imd 3.In addition, 15.51 acres would be converted to a Agricultural classification which would preclude future building, similar to one selling or donating development rights. So,it seems that this 15 acres would have a Covenant or Deed restriction attach6d to it if the proposal is adopted.I fully support this plan if it is per my understanding. As.a Board Member of Fecoafe Land Trust I support farmland preservation and I think Ns dep arture from the 2 acre zoning makes sense to the area. With assurances of a perpetual agricultural desigifiationleasement on the 15 acres I support the application. � c Thok you. I � •. Titian McCaffrey i CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIEFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net November 13, 2006 Jerilyn B. Woodhouse, Chairman of Southold Planning Board Southold Town P.O. Box 1179 Southold,NY 11971 Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Ms. Woodhouse: We are enclosing the additional signed green return receipt cards for the above matter. Please make these part of your record. Very truly yours, Charles R. Cuddy CRC/ik Enclosures vas . NOV 14 2006 ,.j I i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signat re item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ❑ ddressee i so that we can return the card to you. B. Received by(Printed Na ) D t of livery i ■ Attach this card to the back of the mailpiece, KA b D� or on the front if space permits. i D. Is delivery address differen rom item 1? as 1. Article Addressed to: If YES,enter delivery address below: ❑No !Elizabeth Thompson Marianne C. Fahs 1250 Mercer Street, Ste 806B New York, NY 10012 I 3. Service Type ' 1f,`Certified`Mail ❑Express Mail I ❑Registered VReturn Receipt for Merchandise i 1 ❑Insured Mail ❑C.O.D. } .Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number Q,O Q p: 6 0 0:4 1965 i (rransfer from servicelabeo .` I i PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 I I SENDER: ■ Complete items 1,2,and 3.Also complete A. Sign item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse L/ ❑Addressee " I so that we can return the card to you.a Y B. Received (Panted Name) Date of Delivery "` ! ® Attach this card to the back of the mailpiece, or on the front if space permits. I D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No .I ; Keith--Scott Morton S � 25 E 86th Street, Apt. 12G INew York, NY 10028 I 3. Service Type P Certified Mail ❑Express Mail ❑Registered n-Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. I I 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number.: , . : 7;00.5€ 1820 0000 6000 9962 (Transfer from service label) , i PS Form 3811,August 2001 Domestic.Return Receipt 102595-02-W540 COMPLETE • i ■ Complete items 1,2,and 3.Also complete A. Signatu `= item 4 if,Restricted Delivery is desired. X ��: ❑Agent I ■ Print your name and address on the reverse //�� ❑Addressee I j so that we can return the card to you.' B. Received by(Printed Name) C. Date of Delivery I ■ Attach this card to the back of the mailpiece, �i�; �(�v or on the front if space permits. R`'''' �` d U D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: 1 If YES,enter delivery address below: 13'PTo I Janet Harter I ! 9423 Farmingdale Ave. t j Walkersville. MD 21793 I 3. Service Type ,KCertified Mail ❑Express Mail Registered IX Return Receipt for Merchandise Qjnpured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes _ I 2. Article Number -— 7 0,0 5. .1,8 2.0, 00.00. ,6,00.3. 9 917 i (Transfer from service label), , , ; '� I � PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 {. 1 { - COMPLETE •N COMPLETE THIS SECTIONON DELIVERY I ■ Complete items 1,2,and 3.Also complete A. Si lure item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ❑Addressee ti I so that we can return the card to you. 13 ceived by(Printed Name) C. Date f Delivery I ■ Attach this card to the back of the mailpiece, ) I or on the front if space permits. 5 4C , (� D. Is delivery address different from item 1? ❑Yes i1. Article Addressed to: If YES,enter delivery address below: ❑No ( Ruth A. Foster ' PO Box 124 Orient, NY 11957 I ; 3. Service Type ] Certified Mail ❑Express Mail ❑Registered Return Receipt for Merchandise y I ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 18 2 0. .0 0.0 p - — - { (Transfer from service lab` 6 0 0:4 1958 . PS Form 381 1,August 2001 Domestic Return Receipt 102595-02-M-1540 State of New York. Suffolk County Tax Map Number 1000-113-7-1.1. 6:05 p.m. Proposed standard subdivi- sion for Old Orchard at Cutchogue,lo I cated on the n/w corner of New Suffolk Road and Cedars Road in Cutchogue,j Town of Southold, County of Suffolk,'] State of New York. Suffolk County Tax Map Number 1000-109-6-9.1. 6:10 p.m.Proposed amended site plan for North Fork Custom Audio Video,lo- cated on the n/s/o New York State Road 125 approximately 4,755' e/o Aldrich Lane:in Mattituck;Town of Southold, County of Suffolk,*State of New York. ISuffolk County Tax Map Number 1000 1254-19.7. 6.15 p.m. Proposed lot line changei for Richard&Susan Ward,located on' the s/s/o Old North Road,approximately 11380 feet w%o North Road in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax. Map Numbers 1000-55-2-5.2.&5.3. 6:20 p.m. Proposed standard subdi- vision for Southview Preserve, located; on the s/s/o Main Bayview Road, ap- proximately 900' e/o Cedar Drive in I Southold, Town of Southold, County of Suffolk,State of New York. Suffolk County Tax Map Numbers 87-5-21.4,87- 5-21.7-21.10. 6:25 p.m. Proposed conservation sub- division for Orchard Street Farm,located f on the n/w corner of King Street and Olds Farm Road and the s/s/o Orchard Street LEGAL NOTICE ------'in Orient, Town of Southold, County. Notice of Public Hearing of Suffolk,State of New York. Suffolk! NOTICE IS HEREBY.GIVEN that, County Tax Map Number 25.4-11.8. 276 of the Town 6�0 p.m. Proposed amended site! pursuant to Section Law and Article XXV of the Code of the plan for Cutchogue/New Suffolk Free' Town of Southold,a public hearing will Library,located on the s/e corner of New be held by the Southold Town Planning York State Route 25 and Case's Lane in Board, at the Town Hall ,Main Road, Cutchogue,Town of Southold, County Southold,New York on the-13th day of of Suffolk,State of New York. Suffolk' November,2006 on the question of the County Tax Map Number 109-6-2.2. following: Dated: 10/31/06 6.:00 p.m. Proposed standard subdi- BY ORDER OF THE SOUTHOLD j vision.for Bennett Brokaw,located on TOWN PLANNING BOARD the s/s/o Bergen Avenue approximately Jerilyn B.Woodhouse 1,299'w/o Cox Neck Road in Mattituck, Chairperson Town of Southold, County of Suffolk, 80894T 11/2 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net November 9, 2006 Jerilyn B. Woodhouse,.Chairman of Southold Planning Board Southold Town P.O. Box 1179 Southold,NY 11971 Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Ms. Woodhouse: Enclosed please find an Affidavit of Posting together with the certified mailing receipts and signed green return receipt cards for the above matter. Please make these part of your record. Very truly yours, Charles R. Cuddy CRC/ik Enclosures v ..wG�t'T.!':�Str„`1.!,m:Y�;ray.13.EL..'�."'^�-5:•T=::T6d`nai.PiNtWaSFi+�-K r E NOV - 9 2006 sou"botd 'Glyn nnin t AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as Conservation Subdivision of Orchard Street Farms 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 November 5, 2006 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 November 3. 2006 Charles R. Cuddy Your Name (print) sFE D --, Signature al NOV 9 2006 455 Griffing Avenue,;. Riverhead, NY 11901 �_--.-- -- Address PlWing Pend November 9, 2006 Date zdan(,, Notary Public 11NONA KODYM Notary Public,State of New York No. 01 K06088386 Qualified In Suffolk County Commission Expires March If 20P7 PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Thurs., 11/9/06 Re: Proposed Subdivision of Orchard Street Farm SCTM#: 1000-25-4-11.8 Date of Hearing: Monday, November 13, 2006, 6:25 p.m�. ` U.S. Postal Service,. S N CERTIFIED , MAIL. s ■ ,IEr (Domestic Mail Only; . Insurance Coveraje • .-. 0USIE , ..D Postage $ $0.39 e !� Certified Fee a2.40 M Return Receipt Fee % ,; l _Toot (Endorsement Required) 1•$1 �. lV M Restricted Delivery Fee i rU (Endorsement Required) 0.00 t< ep 'a Total Postage&Fees $ $4.64 13/03L �.. p Sent To- PO Box No. 1050 King St. _ _ __ Chi Staie,ZlP+4- .. ,. ....,,., Orient PS Form 3800,June 2002 See Reverse for insti-luctiorg ' • CERTIFIED MAILr,, RECEIPT it Iw I. ge Provided) 1 - Im M ��I� USE Postage $ $0.39 0901 O C3 Certifed Fee C3 $2.40 C3 Return Receipt Fee k (Endorsement Required) $1 85 Her d • �. fU Restricted Delivery Fee CO (Endorsement Required) 00 ,`�3 TotarPosta e&Fees- $ #4.64I „n 11/03/20^,06,��, f� senr ro N Susan 'J. Moisa and Eugene H•._Moisa StreetApt A(-- -------------------------•------------- orPOBoxNo. 650 Orchard Street cry siaie"ziP+4------------------------------------------- ------ -------- Orient NY 11957 I :r� OU Postal MAILT. . ■ 0 D' No Insurance Coverage Provided) o •OYf,V10;01C• L 0 -n Postage $ $0.39 0941 0 Certified Fee $2.40 &EA O 9 ? / w Po OO Return Receipt Fee #1 85 s•�°� Here (Endorsement Required) / d O Restricted Delivery Fee 1-U (Endorsement Required) $0.00 49Q06 O CO Total Postage&Fees $ #4.G4 �, 11/03/2006 t-t'1 `00 fizabeth Thompson and Marianne C. Fahs - - -- - ------� --------•-- --------------------------- orPOBoxNo.250 Mercer St. Ste 806B Ciry Stefe,-ZIP+4------ -- -------•------------------------r----------------------- New York NY 10012 PS Form 3800,June 2002 See Reverse fw instructions Cc EZI UR1 y L ; o Postage $ $0.39 0941 I C3 Certified Fee I E3 $2.40 18 O Retum Recred)eipt Fee (Endorsement Requi o ar o #1.$5 Restricted Delivery Fee rU (Endorsement Required) �� eD r-I Total Postage&Fees $ #4.(i4 a__ u —3 7�0� 0 ' V O Sent To J r006 , Ruth A. Foster Street,Apt.lVo.;--------------------------------- or PO Box No. --""-- ••- �` PO Box �124 '``'"------- City State ZlP+4 Orient NY 11"7 �, I I Postal I ,n CERTIFIED MAIL. RECEIPT I cO (Domestic Mail only; Er verage Provided) Q Postage $ $0.39 M Certified Fee $2.40 -1\ O Retum Receipt Fee r Vok Postm (Endorsement Required) o Restricted Delivery Fee (Endorsement Required) $0.00 co0 Ln _TOtarPostage&Fees $ $�4 V-I ML� NL6- B oTabor and Maureen E. Tabor N ----•------------------------------------------------------------------ p,O. Box 659- ----- ------ _____ 4 -- ----------------------------------rient NY 11957 Postal Q' CERTIFIED MAIL. . ■ Ir (Domestic Mail Only;No Insurance Coverage Provided) � r=1 O 70 7- F V 9C A L Uj '87 `D Postage $ .3�t D32 pCertified Fee0aReturn Receipt Fee ` �(Endorsement Required) 1 1 O Restricted Delivery Fee M (Endorsement Required)ro rA • Total Postage&Fees $ 4•d4�._ _Z05/2606 O Sent To o Robert NStreet,Apt.No.;0. --B-ren-n--er -a-nd-AgnesBrenner _ -__ --- or PO Box No. PQ--BOX---` ------------^------------•----•--------------City,State,ZIP+4 I PS For. :rr June 2002 Postal m ' CERTIFIED MAILT. RECEIPT co i (Domestic Mail Only; Er o OBu FIB 39 Postage $ $0. :�0901 LU r 0 Certified Fee $2.40 Postmark i M Return Fee $1 Here (Endorsement Required) __ , M Restricted Delivery Fee �� R! (Endorsement Required) cp _ '9 Total Postage&Fees $ $4.64 11/03/2006 Ill p Sent To -•------------------- orPOBoxNo. P.O. BOX 111 - cry;sieie,ziP+d------ •- - -- ------------------------- --------- Orient- Ny 11957PS Form 3800.June 2002 See ReverseLfor Instructions Postal rn rr CERTIFIED MAILT. RECEIPT (Domestic r i o •SAL im I .39 Postage $ :�rj ,�0901 �� "t •�ll 0 Certified Fee n O Return Receipt Fee $1.6 Here T. (Endorsement Required) -- I C3 Restricted Delivery Fee M (Endorsement Required) `o $4.64 li/03/2006 r_9 Tote Postage&Fees $ Ln O Sent To o Robert C. Reeve s- -Jr:__and-_Mar-orie-Reev � - ---------------•---- ` Street,Apt It7o.; orpoBoxNo. p..O-...Box 215 ----- - cry,sieie; ...--- ..�`11957 ziP+a -- ------ Orinet c Mail Owy, No Insurance Coverage Provided) 1 0 .. ru o R"WQFID. Yy 13 . `n Postage $ $0.3') 0EAp Certified Fee $2.40A O Return Receipt Fee r�/ HePostrre i (Endorsement Required) �1•�-�'f/ OV Her O Restricted Delivery Fee 1 3 M (Endorsement Required) $0.4Q . �O Total Postage&Fees $ + $4•64 ``t`/-03 Ln C3 Sent To o eorge G. Schiller and Deborah Wible t, ------ c •- - --- --------- -- --- - Street,Apt.No.; or PO Box No.7107 -72.nd Street ,... - City,State,ZIP+4 G—Ierzdale PS :rr June 2002 ILn I ruro IIErrn . o I .D Postage $ $0.3� 09(11 .�� 0 Certified.Fee $2.40 7� P�� 1 0 $1.85 Here Retum Receipt Fee C (Endorsement Required) a O Restricted Delivery Fee $0.00 -4, rU (Endorsement Required) ` $4.64 1 - � Total Postage&Fees o Sent To le A. Gemma and Penelope Gemma i Pasqua -----------------------•----------- ------ r` afreef,Apt No.; A t. 8A------------- I orPO BOX No. 40 E 88th—Street, - --�--------- 4 York, NY10128 1 ciry state,ZIP+ New� i iU.S. Postal iru � -a CERTIFIED MAILT. RECEIPT 0r (Domestic Mail . Coverage Ir P" L, 1 `c Postage $ #0.39 1 p Certified Fee $2.40 o B p Return Receipt Fee (Endorsement Required) $1.83 1 r � Restricted Delivery Fee so i ru (Endorsement Required) .0 , I Total Postage&Fees 1$ $4.6 N�3 Ln M Sent To o Keith Scott Morton Street,AWf—fe.;-------- --------------------------• ------------ orPoeoxNo.25 E 86th Street, Apt. 12G e ork NY 10028 postal ServiCeTM tri CERTIFIED MAILT,, RECEIPT Ln nce Coverage Provided) Er (Domestic Mail only;No Insura D' M F F 7 mO�c o i Postage $ $0.39 C3 Certified Fee $7.� C3 Jl�/ i Postmark E:3 H e (Endorsement Requlrsd) 1 Recet Fee .85 MW Return O Restricted Delivery Fee (Endorsement Required) �•40 � �I Total Postage&Fees $, '. �4.64 1114 �c"a06S. I p Sent To I o Joseph Fargnoli_and Matthew � [�- Street.Apt No„ " or Po Box Noi778 -Gildersltev_e_.St-----------------------•-__- city,State,ZIP+4 6 � 'c115 I _ Postal ru a' (Domestic Mail Only; E I IPostage $ :3p owl . C3 O Certified Fee C3 Return Receipt Fee t p` Postmark (Endorsement Required) Restricted Delivery Fee M (Endorsement Required) co I r=1. :dotal Postage&Fees P, V 1 O Sent To ! Robert W. Sorenson and— achel D. Sorens i i s�eetAWf -_______-________________-_.___. 1 or PO BoxNo._P__�___BOX._, 5 •. cty state i;P+40rient, NY 11957 PS Form-3810%June I 0r See Reverse for(nst uctions � s co Inez T • •'. IT •. I m � , I III Postage $ 090 O� II OO Certified Fee 2•�103 - �� = Pos er 1 \r ere O 0 Return Receipt Fee l• j (Endorsement Required) 0 Restricted Delivery Fee. s0•oo,-, rU (Endorsement Required) co $4.64 11/03/2006 r-q Total Postage&Fees ►-) o Sent TO Tuthill and Martha_Tuthill_- ---""- I I C3ohn H• - ------------- I N Street,Apt.nTo.; or PO Box No. -_-'"" _ I ---------------------- pity,State,7JP+4 'e t I l Postal 0 0 Ir (�Z_estid Mail Only; IT Postage $ $0.39 M1 1 C3 Certified Fee $2.40 C3 Postmark r� p Return Receipt,Fee �!,?/ Here (Endorsement Required) $1•$5 � I 0 Restricted Delivery Fee M (Endorsement Required) $0.00 11fj' fly: I r=1 Total Postage&Fees $ $4.64 1,11,9 12006 Ln A L' 0 Sent To 0 Anthony Jenkins and Jayne H. Tsuchiyam S igH Apt No.; or PO Sox No. 530 Orchard Street-- ---------------- -- - - - - - City State,ZIP+4 PS Form 3800,June 2002 See Reverse forinstructions, Postal CERTIFIED MAIL. RECEIPT 117-1 • Coveragence Q- (Domestic D- - • , m WO A L 39 - l�! j Postage $ $0. .✓3��, � 0 p,a� i 0 Certified Fee2.40 d@4 jj � Return Receipt Fee $1• (Endorsement Required) rJ 1 0 ResMcted Delivery Fee $0.00 { rU (Endorsement Required) r� I ` Ca2'PJJ Total Postage&Fees $ $4.64 ''11/03L2006' j Ln 0 Sent To j@ -- 2.'1=te --_---------•------'----`-------------------------------•.--' tp re , I or PoeoxNo. 423 Farmingdale Ave. ___________ • --=------- I cly ware,z�P+4 Walkersville, MD 21793 rMAIMMI :rr rr r SENDER: COMPLETE THIS SECTION COMPLETE • ON DELIVERY _ ■ Complete items 1,2,and 3.Also complete A. ignature ® item 4 if Restricted Delivery is desired. X ❑Agent N ® " ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Re ei ed by(Printed Name) C. Date of Delive ro ®° ® I ■ Attach this card to the back of the mailpiece, r �G or on the front if space permits. D. Is delivery address different from item 1? ❑Yes rn 0 ° 0lIEilj iEY lg r 1. Article Addressed to: If YES,enter delivery address below: ❑No C3 $0.39 0`1�1s I James A. Clous Postage $ - `t� �� °stiff Nancy Clous C3 Certified Fee $2.40 ;1$ postmark 4 Woodstone Ct. C3 Return Receipt Fee 1.85 ��,32 Huntington Station, NY 11746 0 (Endorsement Required) h GQiS +!L' 3. Service Type C3 Restricted Delivery Fee 00 0$ . v fU (Endorsement Required) /Certified Mail [3 Express Mail ❑Registered C CID $4.�4 11�0�� y � �Return;Receipt for Merchandi; I '� ❑Insured Mail ❑C.O.Y. r Total Postage&Fees 4. Restricted Delivery?(Extra Fee) ❑Yes 0 Sent To _ - - ---- i o obert 11 Turner - - - 2. Article Number — ---— - --- ----------- - 7�05 . 182� 0000 ,6003 ;9.887 [� Street.Apt.No.: __________________________ (transfer from service label) i or•Po BOX NO--�:O.------ NY ' ZtP+AOrlent, NY 11957 1 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 er- ffl'_��_Ex. - -- --- -- - - SENDER: COMPLETE THIS ® A SECTIONCOMPLETE • ON CID _ c ■ Complete items 1,2,and 3.Also complete A. igna r ®• r ° item 4 if Restricted Delivery is desired. ❑Agent Er ■ Print our name and address on the reverse Addressee 1 - `— so that we can return the card to you. ' m HIItGT01 =ST�jIi tY 1°I'4 t Y ceived ( r" e) C. Date of Delivery i i � �;,�k � u ■ Attach this card to the back of the mailpiece, or on the front if space permits. 7-0 � I —0 Postage $ $0.39 0901 D. Is delivery address different from item 1? ❑ 0 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ p Ng CerGfled Fee .�fd .-._,1� 1 postmark Robert H. Turner o �� i �Here Return Receipt Fee (Endorsement Required) P.O. Box 359 E:3 00 , RestrictedDelivery Fee $�.(� r<<. Orient, NY 11957 rU (Endorsement Required) Total Postage&Fees4 11/0312n% 3. Service TypLn e z Certified Mail ,❑.,(Express Mail p S nt To -` ."'� "❑Registered - Return Receipt for Merchandise O Yames A. Clous and Nan--- ---ous _-_ ------------ i ❑Insured Mail ❑C.O.D. 1' Street,Apt.N04 or PoeoxM0.4 Woodston_e Ct_ ___ __ Clty ____________________________ I 4. Restricted Delivery?(Extra Fee) ❑Yes state zlP -•- _ +a - - -- — — Huntington Station NY 11746 , 2. Article Number 1 a, a ;. , -r� . (Transfer from service label) 7005 1,820 0000 6003 9832 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 I SENDEMCOUKETE THIS SECTION COMPLETE THISSECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Si ture ® ® item 4 if Restricted Delivery is desired. X �,r'"' ❑Agent � ® . • ■ Print your name and address on the reverse r ❑Addressee so that we can return the card to you. a 1�4&ived by(Printed e) C. Date of Delivery CID ®. ° 1 9 Attach this card to the back of the mailpiece, ALL(t� IT 0 or on the front if space permits. A, fl�F r frl ° - 3° ; I Dr. Is delivery address different from item 19 ❑Yes 1. Article Addressed to: �t1EditY 1957 �' ' If YES,enter delivery address below: ❑No E3 r Robert P. Alller Postage $ $0.39 t 0901 G'µ (} - Barnett Weinstein I o Certified Fee $2.40i��J ~Postmark 131 Adam Road �a a C3 Return Receipt Fee $1.$ Here r Massapequa, NY 11758 (Endorsement Required) O ':) 3. Service Type a Restricted Delivery $0.00 ' TU (Endorsement Required) tit Certified Mail ®;F�cpress Mail ❑ Registered .Return Receipt for Merc.....,.., a CID Total Postage&Fees $ $4.64 11/03/2n06 ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes p Sent To I o J .Wrj ght._.and_.Zlai_e__A.-._WX ght____-- I 2. Article Number -- - r tie -art dcio•; I (Transfer from service labeq 7005 1820 .0000 6004 1934 � or PO Box No.S_ - "---•-- te. __.S_lrc}.- _$ t - PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 city scare.ZIP 119 5 7 g Orient, NY , I I COMPLETE SECTIONON COMPLETE SECTION A. Sign I ■ Complete items 1,2,and 3.Also complete rrl item 4 if Restricted Delivery is desired. Agent � ❑Addressee r a ■ Print your name and address on the reverse so that we can return the card to you. B. Recei (Printed Nam) C. Date of Delivery �3 ■ Attach this card to the back of the mailpiece, j ®�+QJ �, FE ii '' flPUA!�1Y 115 ° 4 . or on the front if space permits. r D. Is delivery address different from item 1? Oyes Postage $ 0.39 09t11 1. Article Addressed to: If YES,enter delivery address below: ❑NoEJ 0 Certified Fee $2.40 18 Edward J. Wright $ p Return Receipt Fee . °�Qs'n~` d (Endorsement Required) $1.85 r er ;Claire A. Wright '510 Navy Street 0 Restricted Delivery Fee 1 ,�Q�` p . rU (Endorsement Required) $0.00 d 11957co Orient,_ NY. . ., I 3. Service Type I r q `�Certified Mail ❑Express Mail Total Postage&Fees $ $4.64 1 /03/200G I ❑ Registered Return Receipt for Merchandise � Sent To - c "! ❑Insured Mail ❑C.O.D. ; c3 Robert P. Aller and Barnett WReinste n r - ------------------------ - -�----- - -- Streef, 4. Restricted Delivery?(Extra Fee) ❑Yes I or PO Box No. 9 -131,.-Adam..Bs�aad------- -------- -------- --------- ZIP+4 city sia a z;P+4 2. Article Number 7,005,, 1820 000❑ .6�p3 984 i . Wassapequa, NY 11758 (Transfer from service label) ' 102595-02-M-1540 PS Form 3811,August 2001 Domestic Return Receipt MAILING ADDRESS: PLANNING BOARD MEMBE] _``�OF SQ(��y P.O. Box 1179 JERILYN B.WOODHOUSE ��V`` O 1 Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS A Town Hall Annex MARTIN H.SIDOR e* 54375 State Route 25 GEORGE D.SOLOMON rfs (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �Y�DUfdTY � Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 31, 2006 Mr. Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Conservation Subdivision of Orchard Street Farms SCTM#1000-25-4-11.8 Dear Mr. Cuddy: The final public hearing regarding the maps for the above-referenced conservation subdivision has been scheduled for Monday, November 13, 2006, at 6:25 p.m. 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 Hall. 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 Thursday, November 9, 2006. The sign and the post need to be returned to the Planning Board Office after the public hearing. If you have any questions regarding the above, please contact this office. Sincerel , Anthony P. Trezza Senior Planner Encs. 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 lot line change; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#'s1000-25-4-11.8; 3. That the property which is the subject of this application is located in the Residential Low Density District R-80 Zone; 4. That this proposal is for a Cluster Conservation Subdivision of a 15.51-acre parcel into 3 lots where lot 1 equals 13.499 acres upon which 12.459 acres is proposed to be preserved through the application of a Conservation Easement, Lot 2 equals 1.006 acres and Lot 3 equals 1.007 acres. The property is located on the northwest corner of King Street and Old Farm Road and the south side of Orchard Street in Orient; 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, November 13, 2006 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 Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Keith Scott Morton/Orchard Street Farm Date: 10/31/06 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, Thurs., 11/9106 **************************************************************************************************** Re: Proposed Subdivision of Orchard Street Farm SCTM#: 1000-25-4-11.8 Date of Hearing: Monday, November 13, 2006, 6:25 p.m. ORCHARD STREET FARM SUBDIVISION 1000 =25 =4 = 1 1 E8 Proposal is for a Cluster Conservation Subdivision of a 15.51 -acre parcel into 3 lots where lot 1 equals 13.499 acres, Lot 2 equals 1 .006 acres and Lot 3 equals 1 .007 acres in the R-80 Zone. MONDAY, NOVEMBER 13, 2006 - 6 : 25 P. 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ALL PRGPERTIES COUNTY OF SUFFOLK © E 01, Ole TO1N OF S----- D L ProPcrfY w RI lus Sad+icn lof Ilo. (21) � �--SCH MrYml Oisfrict l ne H-- ARE WITHIIJ THE FOLLOWING olsrRR:,s: NOTICE ®�a0 0®M1Y1� tom`> - Real Property Tax Service Agency Y 025 E oem,+,6oamon a.mv -�- S.cc.'s on Ooc,raaa fk - F,-.. __F-- Relsse o,vlcf ule R- ,SCHOOL z SEWER_r0 MAINTENANCE,ALTERATION,SALE OR 4 p p --- 4z _ PILLAGE OF sma.La.A mr lvs -- u*sa u.m•�s� cane L� w�LI'� -v-- w.fo-kan.fn<f urs NST- FIRE zs IIr0Ru1T SU FOLK ON OF ANY PORTION IS OF THE � � County Center Riverhead,H Y 119�1 �2027E r h _ LO;HT Ro ++.TER $DFFDLK La1naTY TA%IAAP IS PROPAOITED MNreme ~� l[e L- Ev a RstrLtnoPtRF. 65 FEFU:E - ti� SiR Li NO.z121 Aldl Or 121AW, +�- +ASTE,'ATEF WITHOUT wRITTE(I PERMISSION OF THE �,.4® lo, o C Ellao no01 ROPERTY MAP ALE Pl Puree Ik. 23 usX+"� ,osl er,ly LT,fr,Ur. A,oJLAII:E --.-.._- -P-- NosOu rn 5� REAL PROPERTY TAX SERVICE AGENCY. p z 7 All' V06-13-97 s790 ,r+ L60•CSEE SEC.NO.025 0B MATCH LWE MATCH LINE "' N 3365CO 01 N ns,s00 _ aas02 3 4 - Y 42 a 7 1.3A1.3A 0 - -09 FOR PCL.N0. 7 t 06-19-01 j1 i 3 sa' 6 r SEE SEC.NO. j0 1.4A A 1 n 1 9-25-0 '\`. 1�,' `�y0 'tt Sj lq5' sz n n � 025-04-031.e 2 ((YI 1.4A O „n IN g -� - \\ 13 12, 1.4A a ,: V. ,a a nu 12.2 O y 12.1 S1• nz 16140 9y K J aas, 32.1 Jf is NpV'l u 25 O va y yN pg 70 17., " 24 28 Ivor.wldTh) 21 a 27 I<° n0 as s0 18 o J 26 ey zo 36 '"._ 3B _ a 23 35 39.7 48 l S.OA 22 " lq s a'� G 13 20.1' D 'o 0 a°z'n wSa 40 ,y 1 a 3g1p N _ 43.4 1.1 39.15 43.6 y 2 3 6 j an 1.OA u, q25 1.2A(c) 15 u, 5 tit 79.12 q, 1.9A 43.10 O 435 ay 10 39.11 1 2 43.8 .L1 \sus 9n a '0 39.13 m _ 42.3 F O I.SA 39.14 43.2 \o $ I.BA 62A - \ 9 - • 39.16 150.) 1.19A 44 FmF y B DR x a ,45 39.11 b 6 42.2 �� a 46 AT k ^` 7.SA(c) 6 sol 1.6A(c) P 44. }0 39.1 5 'e l5pl 1.3A(d �' a 22 / tPo 29 7Y m ../ 23 m 24 rSp% Motor a 2h B y�BO,P u 2 25° 2 # VVPy a g a ~• ° Pow OJ a 9 26 27.1 a O 1 3.3A(c) 10 PARK lc N 334.600 +° 331 600 4t r50 �yma L°,�. Bk k MnU --- Scn DM trkt Ul --SCH- -x-- COUNTY OF SUFFOLK © K TDWH� SOUTHOLD SECTION NO Property a AL Lie Nytrml OMirkt Llne UNLESS WITHIN OTHERWISE, ALL PROPERTIES NOTICE 0� °2' ozs ARE WITHIN THE FOLLOWING DISTRICTS: � �Q E E Dpnpfes[a m OmC -� S 0,1,1°n 6bck/BMQ.tb (21) O nre Wt,), L- --F-- bl-0.11ct Ut,. --R-- 4 Real Property Tax Service Agency Y VlLAOE 6kck xo. SCHOOL z SEWER tltl0 MAINTENANCE,ALTERATION,SALE OR 6 OF 026 (i ynm�lalm Lpt Upa ----- Ca°e mmwlpn Q Imv OMirk+L4rt --tl-- watvmnwaNn unp -xsi-- FIRE zs HYDRANT DISTRIBUTION OF ANY PORTION OF THE !a• b E s,r°Am y Mwp - - S,p d Clmen, 'z• C01'ty Lire -- Light Natrkt Lin. --L-- kvm,y„c°011trtct Lim--A-- LIGHT 40 VATER SUFFOLK COUNTY TAX MAP IS PROHIBITED s0 County Center Riverhead,N Y 11901 M 0z6 oz7 N �__ PARK 65 REFUSE SCALE O!FEEI: a Pm°e w 23 6ne Jr. 12.1 A(d) or 12.1A 10'°Lk¢ Pwk Wtrm Um --P-- Ipaf4a w Oletrlct Lim-tlW-- AMBULANCE WASTEWATER WITHOUT WRITTEN PERMISSION OF THE '4'8�$�$�� 100 0 10o Zoo A Las 1000 Cda tee en 12.1 A(d Vw°Lb. S-Maid+U. --S-- MOSOURO so REAL PROPERTY TAX SERVICE AGENCY. P PROPERTY MAP II CONVERSION DATE: .k,r.16,1997 L� CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net September 28 2006 Mr. Anthony Trezza Southold Town Planning Department j P.O. Box 1179 E S E P 2 8 2006 j Southold,NY 11971 I t Re: Keith Scott Morton-Conservation Subdivision Southold Town plannin Board SCTM# 1000-25-4-11.8 '"' .fl"wSl'A.(rFJia�Yi:�'TX�i.'��+,.'T'Fi•. i....':�„. .',;us�NranM`M«�+r .. Dear Mr. Trezza: In connection with the above subdivision, we are enclosing four(4) mylars and five (5)prints which have been signed by the health department. Please schedule a final hearing for this conservation subdivision or advise if the hearing has been waived. Very truly yours, Charles R. Cuddy CRC/ik Enclosures CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net August 15 2006M,r: Mr. Anthony Trezza Southold Town Planning Department k P.O. Box 1179 AUG 17 2006 Southold,iJ r i 1971 �( ^ Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Mr. Trezza: We are enclosing a revised Declaration of Covenants and Restrictions in connection with the above matter. The change underlined is based upon our client's belief that there may some day be a modification of the prohibition of the use of the herbicides and pesticides. Please advise if this is acceptable so we will record it. Very truly yours, Charles R. Cuddy CRC/ik Enclosures DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this day of , 2006,by Christine A. Morton, residing at 25 East 86th Street,New York,New York 10028, hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS,the Declarant is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York, known and designated as lots 1, 2 and 3 on the subdivision map of Orchard Street Farm dated July 19, 2005, which premises is more particularly described on the annexed Schedule A; and WHEREAS, for and in consideration of granting the subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold,the owners and prospective owners of said lots that the within covenants and restrictions be imposed on said lots, and that 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 has determined that same will be in the best interests of the Declarant and subsequent owners of said lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH : That the Declarant for the purpose of carrying out the intentions above expressed, does hereby make known, admit,publish, covenant, and agree that the lots 2 and 3 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 and holders of said premises,their heirs, executors, legal representatives, distributes, successors and assigns,to wit: 1. That no herbicides and pesticides shall be applied to Lots 2 and 3 as shown on the subdivision map of Orchard Street Farm dated July 19, 2005. unless such use is approved by the Planning Board of the Town of Southold. 2. Future residents of the lots shown on the approved subdivision map may be subject to the noise, dust and odors normally associated with the agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 3. Prior to any construction activity on any of the lots shown on the approved subdivision map, the project will require a General Permit for the storm water runoff from construction activity(GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System (SPDES) Program. 4. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. 5. If any section, subsection,paragraph, clause,phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 6. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 7. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. Christine A. Morton STATE OF NEW YORK) : SS.. COUNTY OF SUFFOLK) On the day of , 2006, before me,the undersigned,personally appeared CHRISTINE A. MORTON,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public s CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing;Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net June 5, 2006 Mr. Anthony Trezza Southold Town Planning Department "P.O. Box 1179 JUN - 7 2006 Southold,NY 11971 �eutneld',�i�n , Re: Keith Scott Morton-Conservation Subdivision y �Ia�t�s�i Rased `' SCTM# 1000-25-4-11.8 •ty�{u�:Yrf1�T Dear Mr. Trezza: We are enclosing the revised covenants for Orchard Farm. Thank you for brining to my attention that we were missing the final provisions. Very truly yours, Charles R. Cuddy CRC/ik Enclosures AGRICULTURAL.AND OPEN SPACE COVENANT THIS DECLARATION,made this day of , 2006, by Christine A. Morton,residing at 25 East 86th Street,New York,New York 10028, hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS, the Declarant is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York, known and designated as lots 1, 2 and 3 on the subdivision map of Orchard Street Farm dated July 19, 2005, as more particularly described on the annexed Schedule A; and WHEREAS,the Declarant agrees that open space and agricultural soils and uses should be preserved, and WHEREAS, it is the policy of the Town of Southold to preserve agriculture and to protect the scenic and open space character of the Town, and WHEREAS, both Declarant and the Town of Southold recognize the agricultural, scenic and natural values of Declarant's property at Orient, in the Town of Southold, as hereinafter more particularly described, should be preserved for agricultural or open space purposes; NOW,THEREFORE,THIS DECLARATION WITNESSETH : 1. The Declarant agrees that the property labeled Conservation Area as shown on the map of"Orchard Street Farm" at Orient, shall be protected and conserved pursuant to the provisions of the Declaration. 2. The Conservation Area shall only be used or maintained for agricultural or open space purposes. 3. Agricultural purposes shall mean the right to conduct farming, including the cultivation of crops of all kinds including but not limited to all forms of horticulture,the pasturing, grazing, feeding and care of livestock. 4. Customary agricultural fencing, deer fencing and accessory structures including Page 1 of 3 but not limited to barns and sheds, as reasonably necessary in connection with agricultural use and the maintenance of horses, sheep,beef or dairy cattle or similar livestock may be constructed, maintained or replaced by Declarant. 5. Barns may be erected provided they do not detract from the scenic value of the land. 6. In the event the Property is no longer used for agricultural purposes then it shall be kept as open space and remain undisturbed except in its natural state. The Declarant,his successors and assigns shall have the right to remove diseased or dead trees, shrubs or other vegetation and replace them. 7. The Town shall have the right to inspect the Property and to enforce this Declaration of Covenants. However,the public shall not have any right to enter upon the Property or enforce this Declaration. 8. The building envelope at Lot 1 is excluded from this Declaration and a residence and customary residential accessory structures may be constructed within that envelope. 9. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities,pursuant to Article NMI, Farmland Bill of Rights, of the Southold Town Code 10. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. 11. If any section, subsection,paragraph, clause,phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 12. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York,by injunctive relief or by any Page 2 of 3 other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 13. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. Christine A. Morton STATE OF NEW YORK) . SS.. COUNTY OF SUFFOLK) On the day of , 2006, before me,the undersigned, personally appeared CHRISTINE A. MORTON,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 3 of 3 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this day of , 2006,by Christine A. Morton, residing at 25 East 86th Street,New York,New York 10028, hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS,the Declarant is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York, known and designated as lots 1, 2 and 3 on the subdivision map of Orchard Street Farm dated July 19, 2005, which premises is more particularly described on the annexed Schedule A; and WHEREAS, for and in consideration of granting the subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold,the owners and prospective owners of said lots that the within covenants and restrictions be imposed on said lots, and that 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 has determined that same will be in the best interests of the Declarant and subsequent owners of said lots; NOW,THEREFORE,THIS DECLARATION WITNESSETH : That the Declarant for the purpose of carrying out the intentions above expressed, does hereby make known,.admit,publish, covenant, and agree that the lots 2 and 3 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 and holders of said premises,their heirs, executors, legal representatives, distributes, successors and assigns,to wit: 1. That no herbicides and pesticides shall be applied to Lots 2 and 3 as shown on the subdivision map of Orchard Street Farm dated July 19, 2005. 2. Future residents of the lots shown on the approved subdivision map may be subject to the noise, dust and odors normally associated with the agricultural activities pursuant to Article XXII,Farmland Bill of Rights, of the Southold Town Code. 3. Prior to any construction activity on any of the lots shown on the approved subdivision map,the project will require a General Permit for the storm water runoff from construction activity(GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System(SPDES) Program. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection,paragraph, clause,phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New.York,by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. Christine A. Morton STATE OF NEW YORK) . SS.. COUNTY OF SUFFOLK) On the day of , 2006, before me,the undersigned,personally appeared CHRISTINE A. MORTON,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public COUNTY OF SUFFOLK 'q4' COPY STEVE LEVY _ SUFFOLK COUNTY EXECUTIVE.. DEPARTMENT OF HEALTH SERVICES BRIAN L. HARPH.1 ... - i C 1S E May 26, 2006 Mr. Keith Scott Morton&Ms. Christine A. Morton J U N 1 2 2006 25 East 86thS treet New York,NY 10028 ` souttloid ToWn gi811nin"board ,F: Subject: Board of Review Hearing—May 18, 2006 S 10-05-0015`— Orchard Street Farm, n/w/c King Street and Old Farm Road, Orient - t/o Southold- SCTM: 1000 02500 0400 011008 Dear Dear Mr. &Ms. Morton: Enclosed is a copy of the findings, recommendations and determination of the Board_ of Review concerning the subject application. Based on the information submitted, the Board granted the request for variance/waiver with the provisions indicated in the determination. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. Ve truly yours, -stepheA A. Costa,P.E., Chief Engineer Chairman,Board of Review Enclosure C: Board of Review File—Yaphank Ms. Eileen Cantone-OWM Mr. John Sohngen—Reviewer Ms. Valerie Scopaz—Town of Southold Mr. Andrew Freleng—Planning Department Mr. Charles R. Cuddy, Esq. Ms. Lauretta Fischer—Planning Department Mr. Joseph Fischetti, P.E. ♦DIVISION OF ENVIRONMENTAL QUALITY BOARD OF.REVIEW 360 YAPHANK AVENUE,SUITE 2B 4 YAPHANK NY 1 1 980♦ PHONE(63 1)852-5801 FAX(631)852-5825 1 SUFFOLK%:OUNTY DEPARTMENT OF HEALTh ci�RVICES DIVISION OF ENVIRONMENTAL QUALITY BOARD OF REVIEW ARTICLE 2, SECTION 220., SUFFOLK COUNTY SANITARY CODE To: Brian L. Harper,M.D., M.P.H., Commissioner From: Stephen A. Costa, P.E., Chairman,Board of Review Subject: Findings and Recommendations of the Review Board Regarding: S10-05-0015 —Orchard Street Farm,n/w/c King Street and Old Farm Road, Orient—t/o Southold—SCTM: 1000 02500 0400 011008 Hearing Date: May 18, 2006 Statement of Problem Private Water System standards require water quality in wells in new realty developments to meet minimum state requirement for maximum contaminant levels (MCL) without treatment. The water quality in the subject development wells cannot meet MCL's without water treatment. Findinis and Facts 1. The parcel to be subdivided is located in Groundwater Management Zone 4. 2. The.parcel size is 675,695 square feet (sf). It is proposed to subdivide the parcel into three lots at 43,821 sf, 43, 865 sf and a 588,016 sf farm with a 45,302 sf building envelope. 3. The lot identified as SCTM: 1000 02500 0400 011008 is also known as lot 1 on , the two (2) lot realty development map of"Morton, Keith Scott" (HDREF: S 10- 02-0021)which was approved by the department on August 7, 2003. 4. That map was approved with covenants for private wells with high nitrates, no further subdivision of lot #2, and a limit on lot 1 to a further division of a maximum of 3 lots with private wells. The covenants are recorded in the office of the Suffolk County Clerk on Liber 12252,Page 432. 5. Public water mains are in excess of 10,000 feet from the project according to the Suffolk County Water Authority(SCWA). 6. Each of the three proposed lots had a test well installed. 7. The test well on proposed Lot 1 had a total well depth of 64 feet, and a static water depth of 15 feet. The depth of water in the well (including the screen) is 49 feet. According to the well driller, there is salt water intrusion below 64 feet depth. The well was sampled on February 7, 2006 with results as follows: a. Total Nitrogen= 11.1 mg/L. (MCL= 10 mg/L) b. Traces of Aldicarb= 1.37 ug/L(MCL=7 ug/L) c. Dacthal= 11.0 ug/L(MCL 50.0 ug/L) } i Brian L.Harper,M.D., lYl.l'.H., Commissioner Hearing Date: May 18, 2006 Subject: Findings and Recommendations of the Review Board Regarding: S 10-05-0015 —Orchard Street Farm,n/w/c King Street and Old Farm Road, Orient—t/o Southold—SCTM: 1000 02500 0400 011008 d. Perchlorate=3.0 ug/L(MCL= 18 ug/L) 8. The test well on proposed Lot 2 had a total well depth of 70 feet, and a static water depth of 15 feet. The depth of water in the well (including the screen) is 55 feet. According to the well driller, there is salt water intrusion below 70 feet depth. The well was sampled on February 7, 2006 with results as follows: a. Total Nitrogen= 10.8 mg/L. (MCL= 10 mg/L) b. Traces of Aldicarb=3.5 ug/L(MCL=7 ug/L) c. Dacthal=51.0 ug/L(MCL 50.0 ug/L) 9. The test well on proposed Lot 3 had a total well depth of 70 feet, and a static water depth of 17 feet. The depth of water in the well (including the screen)is 53 feet. According to the well driller, there is salt water intrusion below 70 feet depth. The well was sampled on February 7, 2006 with results as follows: a. Total Nitrogen= 13.31 mg/L. (MCL= 10 mg/L) b. Aldicarb=7.9 ug/L(MCL=7 ug/L) c. Dacthal=31.0 ug/L (MCL 50.0 ug/L) d. Herbicide metabolites Alachlor ESA=4.22 ug/L(MCL=50 ug/L) 10. The applicant is prepared to install water treatment and record appropriate covenants on each lot. Determination It was a 3 to 0 determination of the Board to grant the request for the variance to utilize private wells in the realty development provided that covenants and/or deeds shall be prepared and filed, in language acceptable to the County Attorney, that • Provide for the installation of "whole-house" water treatment to remove all parameters detected in the test wells including nitrogen. • Provide that there shall be no further subdivision of any parcel without department approval. The water in the future dwellings will be treated to within drinking water standards (MCL's). As per §7607609 of the Suffolk County Sanitary Code (Sanitary Code), the approval of the variance is in harmony with the general purpose and intent of the Sanitary Code to protect groundwater and drinking water supplies, surface water and other natural resources, and public health, safety and welfare. May 26, 2006 Stephen . Costa, P.E. Chairman—Board of Review. CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net May 15, 2006 rM`1 ik. F �a n� 2 Mr. Anthony Trezza ' : C ESouthold Town Planning Departmente v___P.O. Box 1179 fMAY 1 6 2006Southold,NY 11971 � C F Re: Keith Scott Morton-Conservation Subdivision r Southold Town Planning Bard. SCTM# 1000-25-4-11.8 -Zi[T"SC.4mx�.gv.w:w..q..r.s ncmY'agT'P!:F7it+`Y'�yV ;"4i ..•p4 Dear Mr. Trezza: Months ago we submitted the proposed Declarations of Covenants for Keith Scott Morton in Orient. We shortly should receive health department approval and we would like to be in a position to.have the map signed for this conservation subdivision. Please advise if these covenants are in acceptable form . Very truly yours, Charles R. Cuddy CRC/ik Enclosures 1 MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE O��OF SO P.O.Southold, NY 11971 Chair O OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR cn ar 54375 State Route 25 GEORGE D.SOLOMON �p� (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND OlyC4UNTY, Southold, NY � Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 14, 2006 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Cluster Conservation Subdivision for Orchard Street Farms The parcel is located on the n/w corner of King Street and Old Farm Road and the s/s/o Orchard Street in Orient. SCTM#1000-25-4-11.8 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board, at a meeting held on Monday, February 13, 2006, adopted the following resolution: WHEREAS, proposal is for a Cluster Conservation Subdivision to subdivide a 15.51- acre parcel into 3 lots, where lot 1 equals 13.499 acres upon which 12.459 acres is proposed to be preserved through the application of a Conservation Easement, Lot 2 equals 1.006 acres and Lot 3 equals 1.007 acres; and WHEREAS, an application for sketch plan approval was submitted to the Planning Board on April 15, 2005; and WHEREAS, this application is classified as a Conservation Subdivision (80/60) pursuant to Section A106-5 "Subdivision of Land of the Code of Town of Southold"; and WHEREAS, the Southold Town Planning Board initiated the SEQRA lead agency coordination for this project on October 17, 2005; and WHEREAS, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John C. Ehlers, Land Surveyor, dated last revised on July 19, 2005; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establishes itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action. February 14, 2006 Orchard Street Farms Page Two A copy of the negative declaration is enclosed for your records. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson enc. MAILING ADDRESS: PLANNING BOARD MEMBERS - P.O.Box 1179 JERILYN B.WOODHOUSE ��OF S0(/j�o Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR N 54375 State Route 25 GEORGE D.SOLOMON �Q� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND � Southold,NY 100UNTI,� Telephone: 631 765-19 38 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant February 13, 2006 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (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 Standard Subdivision — Orchard Street Farms SCTM#: 1000-25-4-11.8 Location: The parcel is located on the northwest corner of King Street and Old Farm Road and the south side of Orchard Street in Orient. SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action, This proposal is for a Cluster Conservation Subdivision to subdivide a 15.51-acre parcel into 3 lots, where lot 1 equals 13.499 acres upon which 12.459 acres is proposed to be preserved through the application of a Conservation Easement, Lot 2 equals 1.006 acres and Lot 3 equals 1.007 acres Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The determination was based upon the following: r �} Orchard Street Farms Negative Declaration Page T) February 13, 2006 No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels,:no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. This proposal is for a Conservation Subdivision whereby 80% of the buildable lands will be protected. The property is an agricultural parcel and does not contain significant vegetation. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. This proposal will protect a significant amount of farmland in accordance with the Town's Conservation Subdivision regulations. The proposed action will not impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. A Phase I Archaeological Survey was prepared for this project, which recommended that no additional archaeological investigations be conducted. 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. This proposal maximizes the active farmland. 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: Anthony Trezza, Senior Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 enc. cc: NYSDEC Suffolk County Department of Health Services Elizabeth Neville, Town Clerk Applicant CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net February 16, 2006 Mr. Anthony Trezza Southold Town Planning Department P.O. Box 1179 Southold,NY 11971 Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Mr. Trezza: We forwarded to you two (2) covenants in connection with the above subdivision under date of October 24, 2005 (Declaration of Covenants) and December 15, 2005 (Agricultural and Open Space Covenant). Please advise if these covenants are acceptable so we may proceed with this subdivision. Very truly yours, Charles R. Cuddy CRC/ik Enclosures FEB 1 7 2006 1111i: Southold Town Planning Board 1: - l.•.Lr,..M.:.:.e riu it4'1 '..:-•'s.C.«s.:.nr M:tlAC'/!rrLy'"' 4y-00 C MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE o��F 3�(/r�,pl Southold, NY 11971 Chair OFFICE LOCATION: Town Hall Annex KENNETH L.EDWARDS G • Q 54375 State Route 25 MARTIN H.SIDOR �O (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON l JOSEPH L. TOWNSEND ycoutm,� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 9, 2006 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: Clustered Conservation Subdivision of Orchard Street Farms SCTM#1000-100-25-4-11.8 Zoning District: R-80 Requested Action: Proposal is for a Cluster Conservation Subdivision to subdivide a 15.51- acre parcel into 3 lots, where lot 1 equals 13.499 acres upon which 12.459 acres is proposed to be preserved through the application of a Conservation Easement, Lot 2 equals 1.006 acres and Lot 3 equals 1.007 acres SEQRA Classification: ( ) Type I ( X ) Unlisted Contact Person: Anthony P. Trezza, Senior Planner (631) 765-1938 x 5021 1i Lead Agency Coordination Request Orchard Street Farms Page 2 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. ( ) Other (see comments below) Comments: Please feel free to contact this office for further information. Very truly yours, Jerilyn B. Woodhouse Chairperson Enc. cc: Land Preservation, Melissa Spiro Suffolk County Department of Health Services *NYSDEC - Stony Brook, Sheri Aicher Building Department Suffolk County Water Authority * Map enclosed for your review �3 MARLES R.CUDDY S. ' ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net January 6, 2006 Mr. Anthony Trezza Southold Town Planning Department P.O. Box 1179 Southold,NY 11971 Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Mr. Trezza: l , The resolution granting approval of the sketch plan indicates that the SEQRA process wWid be0 2006 ' commenced. We are now at the point with the health department where we,need to show that SEQRA has been completed. Otherwise, the map will not be signed by the:Sufrfolk County- 1-Department of Health Services. Please forward to us the SEQRA determination. Very truly yours, Charles R. Cuddy CRC/ik Enclosures CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net December 15, 2005 Mr. Anthony Trezza Southold Town Planning Department P.O. Box 1179 Southold, NY 11971 Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Mr. Trezza: We are enclosing a proposed Agricultural and Open Space Covenant pursuant to the Planning Board's resolution of October 17, 2005. Please review the covenant and confirm that it meets your requirements. Very ��truly yours, C �T , Charles R. Cuddy CRC/ik Enclosures DEC 16 2005 AGRICULTURAL AND OPEN SPACE COVENANT THIS DECLARATION, made this day of , 2005, by Christine A. Morton, residing at 25 East 86th Street, New York,New York 10028, hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS, the Declarant is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York, known and designated as lots 1, 2 and 3 on the subdivision map of Orchard Street Farm dated July 19, 2005, as more particularly described on the annexed Schedule A; and WHEREAS, the Declarant agrees that open space and agricultural soils and uses should be preserved, and WHEREAS, it is the policy of the Town of Southold to preserve agriculture and to protect the scenic and open space character of the Town, and WHEREAS, both Declarant and the Town of Southold recognize the agricultural, scenic and natural values of Declarant's property at Orient, in the Town of Southold, as hereinafter more particularly described, should be preserved for agricultural or open space purposes; NOW, THEREFORE, THIS DECLARATION WITNESSETH : 1. The Declarant agrees that the property labeled open space/agriculture as shown on the map of"Orchard Street Farm" at Orient, shall be protected and conserved pursuant to the provisions of the Declaration. 2. The property, as described in Schedule A, shall only be used or maintained for agricultural or open space purposes. 3. Agricultural purposes shall mean the right to conduct farming, including the Page 1 of 3 cultivation of crops of all kinds including but not limited to all forms of horticulture, the pasturing, grazing, feeding and care of livestock. 4. Customary agricultural fencing, deer fencing and accessory structures including but not limited to barns and sheds, as reasonably necessary in connection with agricultural use and the maintenance of horses, sheep, beef or dairy cattle or similar livestock may be constructed, maintained or replaced by Decalarant. 5. Barns may be erected provided they do not detract from the scenic value of the land. 6. In the event the Property is no longer used for agricultural purposes then it shall be kept as open space and remain undisturbed except in its natural state. The Declarant, his successors and assigns shall have the right to remove diseased or dead trees, shrubs or other vegetation and replace them. 7. The Town shall have the right to inspect the Property and to enforce this Declaration of Covenants. However, the public shall not have any right to enter upon the Property or enforce this Declaration. 8. This Declaration shall be a burden upon and run with the Property and shall bind the successors and assigns of Declarant including but not limited to Declarant's agents, tenants, occupants, heirs, and personal representatives and grantors. 9. The building envelope at Lot 1 is excluded from this Declaration and a residence and customary residential accessory structures may be constructed within that envelope. 10. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Page 2 of 3 Declaration the day and year first above written. Christine A. Morton . STATE OF NEW YORK) : SS.: COUNTY OF SUFFOLK) On the day of , 2005 before me, the undersigned, personally appeared CHRISTINE A. MORTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 3 of 3 SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: BEGINNING at a monument set at the intersection of the northerly line of King Street and the easterly line of Old Farm Road and from said point of beginning running along said northerly line of King Street, North 80 degrees 52 minutes 40 seconds West, 316.57 feet to land now or formerly of Gemma; RUNNING THENCE along said lands now or formerly of Gemma the following three courses and distances: 1. North 05 degrees 42 minutes 30 seconds West, 135.60 feet; 2. North 57 degrees 56 minutes 55 seconds West, 36.68 feet; 3. North 81 degrees 02 minutes West, 162.67 feet to land now or formerly of King; RUNNING THENCE along said land now or formerly of King and then land of others, North 07 degrees 33 minutes 30 seconds West 838.00 feet to land now or formerly of Saint; RUNNING THENCE along said lands now or formerly of Saint, North 83 degrees 50 minutes East, 74.68 feet to lands now or formerly of Van Nostrand; RUNNING THENCE along said lands now or formerly of Van Nostrand, South 87 degrees 49 minutes East, 122.00 feet to lands now or formerly of Tabor; RUNNING THENCE along said lands now or formerly of Tabor the following three courses and distances: 1. South 02 degrees 19 minutes 20 seconds East, 11.60 feet; 2. South.89 degrees 42 minutes 20 seconds East, 105.11 feet; 3. North 02 degrees 19 minutes 20 seconds West, 166.40 feet to the southerly line of Orchard Street; RUNNING THENCE along the southerly line of Orchard Street, North 87 degrees 40 minutes 40 seconds East, 38.83 feet; RUNNING THENCE South 02 degrees 19 minutes 20 seconds East, 206.67 feet; RUNNING THENCE along curve to the right with the radius 10 feet, a distance of 15.71 feet; RUNNING THENCE the following three courses and distances: 1. North 87 degrees 40 minutes 40 seconds East, 253.21 feet; 2. South 02 degrees 19 minutes 20 seconds East, 245.10 feet; 3. North 87 degrees 40 minutes 40 seconds East, 314.22 feet to lands on a certain subdivision map entitled, Bayview Farm at Orient, filed in the Suffolk County Clerk's Office as Map No. 7045; RUNNING THENCE along said lands designated as Park on a certain map entitled, Bayview Farm at Orient, filed in the Suffolk County Clerk's Office as Map No.7045, South 13 degrees 34 minutes 30 seconds West, 524.12 feet to the easterly line of Old Farm Road; RUNNING THENCE along said easterly line of Old Farm Road, South 33 degrees 07 minutes 20 seconds West 325.00 feet to the point of BEGINNING. CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Flailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net November 7, 2005 Planning Board Southold Town P.O. Box 1179 Southold, NY 11971 Attn: Anthony Trezza Re: Keith Scott Morton-Conservation Subdivision INV — 9 SCTM# 1000-25-4-11.8 Dear Mr. Trezza: In connection with the Morton's subdivision in Orient, we are enclosing the following payments: 'f 1. Filing fee for final application of$500.00 2. Park and playground fee of$7,000.00 (� Also, enclosed is a final application form. We will shortly forward to you a covenant for the preserved area. Please confirm that this is the final Planning Board's requirement and that upon submission of an endorsed map from the health department all of the requirements for this map will be satisfied. Very truly yours, Charles R. Cuddy CRC/ik Enclosures 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. Name of Subdivision ORCHARD STREET FARM 2. Suffolk County Tax Map# 1000-25-4-11.6 3. Hamlet Orient 4. Street Location northwest corner of King St. and Old Farm Rd. 5. Zoning District R-80 6. Date of Submission April 15, 2005 7. Sketch Plan Approval Date October 18, 2005 8. Preliminary Approval Date N/A j 9. Number of Lots Proposed three (3) lots 10. Acreage of Open Space/Reserved Area 12.459 ac. _ 11. Affordable Housing Units Proposed N/A 12. Percentage of Affordable Housing N/A 13. If providing less than 25%Moderate Income Family Dwelling Units(MIFDU),please indicate how the property owner intends on satisfying the affordable housing requirement pursuant to Section A106-11 (B)of the Town Code. N/A 14. Does the Final Plat conform substantially to the approved Preliminary Plat? If not,please explain the differences. N/A 15. Application prepared by [] owner ] agent [] other Signature of Preparer Date `� 0� A STAGE 1 ARCHAEOLOGICAL SURVEY for the ORCHARD STREET FARM SUBDIVISION in ORIENT,TOWN OF SOUTHOLD SUFFOLK COUNTY,NEW YORK PROJECT ARCHAEOLOGIST AND CONTRIBUTORS: David J. Bernstein,Ph.D. Allison J. Manfra The Institute for Long Island Archaeology Department of Anthropology State University of New York at Stony Brook Stony Brook,New York 11794-4364 October 2005 MANAGEMENT SUMMARY SHPO Project Review Number N/A Involved State and Federal Agencies N/A Phase of Survey Stage 1;reconnaissance survey. Location Location:Town of Southold Minor Civil Division: 10310 County: Suffolk Survey Area Number of Acres Surveyed:2.013 acres(0.8052 hectare) NYS DOT 7.5 minute Quadrangle Map Orient,New York(1991) Archaeological Survey Overview Number and Interval of Shovel Test Pits:32 shovel test pits dug at 15 meter (49 foot)intervals Number and Size of Units:N/A Width of Plowed Strips:N/A Surface Survey Transect Interval:N/A Results of Archaeological Survey Number and Names of Prehistoric Sites Identified:none Number and Names of Historic Sites Identified:none Number and Names of Sites Recommended for Phase II/Avoidance:N/A Report Authors David J.Bernstein,PhD Allison J.Manfra Institute for Long Island Archaeology State University of New York at Stony Brook Date of Report October 2005 ii TABLE OF CONTENTS MANAGEMENT SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii LIST OF FIGURES,PHOTOGRAPH,AND TABLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARCHAEOLOGICAL LITERATURE SEARCH AND SENSITIVITY ASSESSMENT . . . . . . . . . . . . . . . . . . . . 1 Project Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Background Research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Environmental Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Site File Search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 HistoricMaps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Sensitivity Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Prehistoric Context . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Historic Context . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Disturbance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Testing Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARCHAEOLOGICAL FIELD INVESTIGATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Field Methodology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Surface Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Subsurface Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 CONCLUSIONS AND RECOMMENDATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 REFERENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 APPENDIX: Shovel Test Pit Excavation Inventory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 iii LIST OF FIGURES,PHOTOGRAPH,AND TABLES Figure 1. Map of Long Island showing the location of the project area . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Figure 2. 1991 NYS DOT topographic map,Orient,New York 7.5 minute series showing the location of the project area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Figure 3. Archaeological testing of the Orchard Street Farm subdivision. . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Figure 4. 1975 USDA Soil Map showing the location of the project area . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Figure 5. 1797 Map of the Town of Southold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Figure 6. 1858 Chace Map of Suffolk County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Figure 7. 1873 Beers Atlas of Long Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Figure 8. 1904 USGS topographic map,Shelter Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Photograph 1. Field crew member excavating shovel test pit in Lot 3. View is north . . . . . . . . . . . . . . . . . . . . . 6 Tablet. Project area soils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Table 2. Known archaeological sites within 1.6 kilometers(1 mile)of the project area . . . . . . . . . . . . . . . 7 iv INTRODUCTION This report presents the results of a Stage 1 archaeological survey undertaken for the Orchard Street Farm subdvision in Orient,Town of Southold, Suffolk County,New York(Figures 1 and 2). The survey was conducted by the Institute for Long Island Archaeology at the State University of New York at Stony Brook in September of 2005. All field data and photographs generated by this survey are curated at the Institute for Long Island Archaeology. The purpose of this study is to determine if the proposed subdivision will impact archaeological remains of prehistoric and/or historic age. This required archival research and an archaeological survey with subsurface testing. The study was performed in accordance with the guidelines outlined in the Standards for Cultural Resource Investigations and the Curation of Archaeological Collections issued by the New York Archaeological Council (1995)and the Phase I Archaeological Report Format Requirements issued by the New York State Office of Parks, Recreation,and Historic Preservation(2005). ARCHAEOLOGICAL LITERATURE SEARCH AND SENSITIVITY ASSESSMENT Project Description This survey was conducted to determine if proposed subdivision will impact archaeological remains of prehistoric and/or historic age. The project area,located north of King Street and west of Old Farm Road,consists of two lots,designated Lot 2 and Lot 3,totaling 2.013 acres(0.8052 hectare)(Figures 2 and 3). Background Research Environmental Setting. The project area is located in Orient on the North Fork of eastern Long Island (Figures 1 and 2). It is situated on the outwash plain of the North Fork,just south of the rolling hills of the recessional moraine,a geological feature created over 15,000 years ago by meltwater runoff from the Wisconsin ice sheet(Sirkin 1995). Topography is gently sloping,with an average elevation of 23 meters(76 feet)above mean sea level. The nearest potential source of fresh water consists of a kettle pond located roughly 457 meters(1500 feet)to the south(Figure 3). The project area consists of actively plowed farm fields. Disturbances appear to be limited to the southern portion of Lot 2 along King Street(Figure 3). Disturbed areas have a low potential for the presence of intact archaeological deposits. Soils in the project area are Haven loam,0-2%slopes(Figure 4). This soil series consists of deep,well drained,medium textured soils with low natural fertility(Warner et al. 1975:71,Table 1). 1 it 3rZAV a project area NwNavn �. O µ�� F'»•:. r Wb&.Plda. -WN019 AND 80LWD r O .h wm A—itht—y • _ ' Mta �t� �w �Ran►onbma O h.mcto• l-.. °^•satl0.u.rr�aen :': OttMANO At-b-5- '°°kl"° '�T.is i(:.y:::.i`•ii:;t':f,t'}t•;:', ';•'": YORK t a�Y �.retcw [` N W a OU i l•:�' 6HIq TL'A•N'T'IC.:':'...-:..'..O'C:gA ". t N' K Figure 1. Map of Long Island showing the location of the project area. 2 �,.tr"r*rw. �,+� ��a`?i v 4 bYSYa a d P S 'y � r � * ��ri�rfi'�/��4 �� sp r' �r8 � a�s rf��r/� 1� ♦i y{I \v ,y�" `N1�� I,�p ��w h�'�i ip� � �xh �.. �£� P�ffi§ 3��;J f�' /F/ r �\ }b ,'��;%•,s/.: l4- t f ��'.y r ¢p t�n.�� Ati � F� ✓,/ � 'r �lam'�l�/ / \�S}..ey,� .�49f �(' WA N • �• P,% p 'e t a'!�; ,��` ' , ` �-� .' � ,�,,�,`♦•, rod y. w -_ /5 \ 25 ♦P, s 1 rdi � 1L �' em • ♦ ' ��t r ; tiay / Zft 48 �/ 1� • r��.."-.. .�Hi. -3 Fs B ,�3 ` y ,"�a�. � ki 1.� �\/ •.y,." tiS�F'� S P'�' "' $ 4 f . � .�:�• Aftft �} ;�'��'� i ,v r '° �*`2� r r..7 �r�� .Ltu*tr�q�* �r §r ��1fir• rv�� 3 Y a ad�r'�� s�r fw. �l�u.�. t ,try. .'�'��r�'r,t�.�r�•°�;'.`��.�,.�-�z•,..°a'`t��r` .�.�..,x.N..��:;�Y,�r:�u:lY �`.G€:rarM� '� as �`�•`z- f ,..� ` Figure 2. 1991 NYS DOT topographic map, Orient,New York,7.5 minute series(scale 1:24,000)showing the location of the project area. 3 oOrchard W 01 q O•�=� y Al! r �„"id;.;; ,-.; < c � 1.Z0 t2JS 4!•r Z� �. t•1 k Q io 4. or creJ.9 N 1:I Q3gl ��OfeM On117b�4bs'm r4 $ s 4 di : !' : : JsPfI"4220'E° m!j li. ,e 3:c ei 0-, �gnoh ' I„f �1`y4 ••-+'`:1:•:�l\}j�'` ! ; z li 51 .. U .. \ BpP den�m ! e formerly o: I !a ;.R9e'Je5 ormerly of 1 r 1 - f I �U1 I , � ; � � a att Mp Epn af: t22.o4' N2°2Fi'30"G� a or r H.Smith,Se. F787.4040°E 314.22' a r:ifc It t I I iie�" gvilding '� Area O f � j I I f ;t n or Formerly G oF: i ! ! j! - , 5r o' I _ oo i fin Foster. 5a2 2b 3G k l ; ,r ! of � � . , ; 1 I " ge ( ; - Area = I3.4gq Acres h i Goservotion Area = 12.45q Acres 01 'o d Budding Area°» 1.040 Acres E45 ¢Qu� I r 1 now Tabor t + I ' I l i Maureen E.Tobor a '; E15 ! IE45 ! 1 l vp ri I I { i j �£ ./ keJ ' l V i e > ' I I N 150 or former y I i i� ' j !i :b...- - • Edword 6,.�. fl N84•I"I`3G"E ' i I � ' _S� p bore �nt electric fence - �+ V P`�®g'� �N135 r I N25�* [� tag 2 O O i i ` v°pp 1 p m A^Zla = !,QOb Oresp /. �N120 C O O I i ' 7 V P O Lot 2 i "` Lot 3 N 105 N0 O O p O j -O i St Ohs row or Fvrmeriy �-N90 t.an Flo d F.K' ��22AA,,�� Revccabtd7tlMwwC tj 82.87, '1� U S30 Lora no fie^tea mer(y S45— mapping datum ' , r O sterile shovel test pit(STP) '`�-- _ 0 15 30m < photograph angle _`' — 0®8ft Figure 3. Archaeological testing of the Orchard Street Farm subdivision. 4 r r o h?r`g HaA \ 4MfR % r f—s y 1 •s � t tx 7� . t�. hilts COE ✓ ' sire . HaA L. rFs r-� 0"" project are 'w Ki �dA F HaA .� HaA i Sri `rm Bd 0 ' J ME 7f HY S A u _ SUA-- `� f7he .>d, ^e' 71 �.�'� aA iia8- Sda� dA R B 0 R i., HaB + Haf, -fnv A SJA� Figure 4. 1975 USDA Soil Map showing the location of the project area. 5 R ' 11V ��■ gnu 11 �1111111� W RV ANQ Photograph 1. Field crew member excavating shovel test pit in Lot 3. View is north. Table 1. Project area soils Name Soil Horizon Depth Color Texture Slope% Drainage Haven loam A:0-8 cm(0-3 in) dk gb hn 0-2 well B1: 8-25 cm(3-10 in) dk bn lm B2:25-48 cm(10-19 in) ob hn B3:48-70 cm 19-28 in) I yb I lm w/ v Site File Search. The files of the New York State Museum(NYSM),the Office of Parks,Recreation,and Historic Preservation(OPRHP),Suffolk County Archaeological Association(SCAA),and the Institute for Long Island Archaeology(ILIA)document six prehistoric archaeological sites within 1.6 kilometers(one mile)of the project area. There are no State or National Register of Historic Places listed or previously determined eligible properties within or adjacent to the parcel(Table 2). 6 Table 2. Known archaeological sites within 1.6 kilometers(1 mile)of the project area. Site identifier Site name Age/Cultural Affiliation Comments A10310.000261 King Street prehistoric? Noted on the Southold Bicentennial map. A10310.000254 Major Banks prehistoric? More information is available at the Southold Indian Museum. A10310.000008 Five Acres prehistoric Extensive shell midden. Indian Village A10310.000263 Orient Flaking prehistoric Small workshop near village. Station/Hallock site A10310.000262 Peters Neck prehistoric? More information is available at the Southold Indian Museum. A10310.000253 Mount Pleasant prehistoric? More information is available at the Southold Indian Museum. Historic Maps. A survey of late eighteenth through early twentieth century maps reveals minimal documented activity in and around the Old Orchard Farm property. The 1797 Moore Map of the Town of Southold (Figure 5)depicts the approximate route of Main Road(New York State Route 25)through Orient. A linear settlement pattern is shown along Main Road in Oysterponds(present-day Orient). No structures are shown within or adjacent to the project area south of Main Road. An increase in settlement in Orient is shown on the 1858 Chace Map of Suffolk County(Figure 6). The inset for this map shows the historic nucleus of the Orient community along Village Lane west of the project area. A few homesteads are also shown along Orchard Street north of the project area and along King Street to the southwest. No structures are shown within the area of potential impact. A similar settlement pattern is shown on the 1873 Beers Atlas of Long Island(Figure 7). Homesteads line Main Road,Village Lane,King Street and Orchard Street. However,the project area remains devoid of structures. While the 1904 USGS topographic map(Figure 8)does not indicate land ownership,it does provide information about natural features and general use of the land. This map depicts the project area as relatively unchanged since the eighteenth and nineteenth centuries. No structures are shown within or adjacent to the property. The survey of historic maps indicates that the project area witnessed minimal development during the historic period. 7 ti project ail t tx" `a r Figure 5. 1797 Moore Map of the Town of Southold showing early settlement along Main Road in Oyster Ponds. 8 T Ad -� Ar EAST MA ION. 1�1 V 11 MM"., SCALE P •OALt 44,, yas r�rra r Ir. t.�s.0 t i • i ��- vAL ok � 'r � project area f ��`•'. Figure 6. 1858 Chace Maps of Suffolk County showing increased settlement in Orient west and north of the project area. 9 G fill A' .1 7' I11e' C0 ,17IC RA lij i{ hhFs N a$H*�filrl 1873 R081N5 project area 15C„No�Jii Cord, ( r S 1, shurf t r�,r mvvrI, fF.fiwNjyrlrr ! a t@ t r i PP f�199 t1�+r �r ,r+* 0 CFI D f S r N U OI far d' - F�clt�FNlC Figure 7. 1873 Beers Atlas of Long Island. No structures are shown within or adjacent to the project area. 10 •,.r-_ ` Proiect area Te rr Pt t t f^( 9xf art J Figure 8. 1904 USGS topographic map of Shelter Island, New York showing the project area north of King Street. 11 Sensitivity Assessment Prehistoric Context. Although little modem archaeological research has taken place on the North Fork of Long Island,the region is known to have been well-populated by Native Americans prior to the European arrival in the seventeenth century(Ritchie 1959; Smith 1950). The Orient region would have been attractive to prehistoric peoples,as marine resources such as fish,water fowl,and shellfish were available nearby,and upland areas contained game and edible plants. Similarly,areas adjacent to freshwater wetlands would have provided abundant natural resources,and thus acted as focal points for human activity. The project area has a moderate sensitivity for the presence of prehistoric remains based on the proximity of known sites and favorable environmental conditions. Historic Context. The English permanently settled the northeastern end of Long Island in the mid- seventeenth century. At the time of contact the North Fork was occupied by the Corchaug Indians,speakers of the Mohegan-Pequot-Montauk Algonquian language(Salwen 1978). Oriert has been a fishing and farming community since the mid-seventeenth century. Based on the results of the site file search and the historic map overview,the project area has a low sensitivity for the presence of historic period Euro-American sites. Disturbance As mentioned above,disturbances appear to be limited to the southern portion of Lot 2 along King Street (Figure 3). Testing Recommendations It is recommended that Lots 2 and 3 of the Orchard Street Farm property be subject to a surface survey and subsurface testing. Subsurface testing should consist of the excavation of shovel test pits(STPs)at 15 meter(49 foot)intervals to verify suspected disturbance and to ascertain if archaeological remains are present beneath the ground surface. 12 ARCHAEOLOGICAL FIELD INVESTIGATIONS Field Methodology A two phase survey design was employed to search for archaeological remains in the project area. Similar survey designs,used in other areas of Long Island,have proven successful in detecting prehistoric and historic sites (Bernstein et al. 1999;Lightfoot 1986). The initial phase of the survey involved a surface reconnaissance and inspection intended to locate large and easily visible remains. The second phase entailed subsurface testing. Surface Survey The cultivated fields were walked over in September 2005,with special attention given to examining the recently plowed soil for artifacts or other surface manifestations of past activity. Vegetation patterns and topographic features which might provide insight into early land use were also noted(please see above). Ground surface visibility is good throughout the project area(Photograph 1). No cultural material other than recent debris(i.e.,less than ten years old)was encountered during the surface survey. Subsurface Testing The second phase of the field survey consisted of the excavation of shovel test pits(STPs)designed to detect the presence of archaeological remains buried beneath the ground surface. Mapping data were established at a fence post along the western edge of Lot 2,and at a concrete monument south of Lot 3 (Figure 3). All of the test units are designated using metric grid coordinates relative to each mapping datum(Figure 3;Appendix). The project area was tested at 15 meter(49 foot)intervals. Subsurface testing was performed throughout both areas of potential impact(APE). A total of 32 shovel test pits was excavated in Lots 2 and 3. Shovel test pits have a diameter of approximately 40 centimeters(16 inches). All of the shovel test pits were dug well into the B2 subsoil,typically to 60 centimeters(24 inches)below the present ground surface. The soil from each test unit was screened through six millimeter(1/4 inch)wire mesh to aid in the identification and recovery of cultural materials. All photographs and field notes produced during this survey are curated at the Institute for Long Island Archaeology at the State University of New York at Stony Brook. Results. The specific data recorded in the field for each shovel test pit,including information on soil stratigraphy and cultural material,are presented in the Appendix. The general characteristics of the soils found in the project area are discussed above in the Environmental Setting section. The plow zone(referred to in the Appendix as the pz horizon)consists of a homogenous layer of medium brown clay loam,and extends from the ground surface to roughly 31 centimeters(12 inches). It is underlain by the lower subsoil(B2),an orange brown clay loam. The B3 substratum(yellow brown clay loam)was reached in five shovel test pits. Two shovel test pits in the southern portion of Lot 2 contained disturbed soils below the plow zone. This disturbance appears to be associated with the edge of the residential lot to the west. In Lot 3,four shovel test pits contained a layer of fill below the plow zone(Appendix). No prehistoric or historic period artifacts or features were encountered during subsurface testing. 13 CONCLUSIONS AND RECOMMENDATIONS Archival research and archaeological investigation for the Orchard Street Farm subdivision in Orient,Town of Southold, Suffolk County,New York indicate that the project area witnessed minimal discernable human activity in the past. A total of 32 shovel test pits was excavated in Lots 2 and 3 of the property. No prehistoric or historic period artifacts or features were encountered. No further archaeological investigations are recommended. 14 REFERENCES Bernstein,David J.,Michael J.Lenardi,and Daria Merwin 1999 Stage IB Archaeological Survey of the Kycia Property,Head of the Harbor,Town of Smithtown,Suffolk County,New York. Institute for Long Island Archaeology,State University of New York at Stony Brook. Lightfoot,Kent 1986 Regional Surveys in the Eastern United States:The Strengths and Weaknesses of Implementing Subsurface Testing Programs. American Antiquity 51:484-504. Ritchie,William A. 1959 The Stony Brook Site and its Relation to Archaic Transitional Cultures on Long Island. New York State Museum and Science Service,Bulletin 372. The University of the State of New York,Albany. Salwen,Bert 1978 Indians of Southern New England and Long Island:Early Period. In Handbook of North American Indians, Volume IS,edited by Bruce Trigger,pp. 160-176. Smithsonian Institution,Washington D.C. Sirkin,Les 1995 Eastern Long Island Geology with Field Trips. The Book and Tackle Shop,Watch Hill,Rhode Island. Smith,Carlyle S. 1950 The Archaeology of Coastal New York. Anthropological Papers of the American Museum of Natural History 43:95-202 Warner,J.W.Jr.,W.E.Hanna,R.J.Landry,J.P.Wulforst,J.A.Neely,R.L.Holmes and C.E.Rice 1975 Soil Survey of Suffolk County,New York. U.S.Department of Agriculture, Soil Conservation Service, Washington,D.C. 15 List of Maps Moore,T. 1797 Map of the Town of Southold. Copy on file, State University of New York at Stony Brook. Beers,F.W. 1873 Atlas of Long Island,New York. F.W.Beers,Comstock and Cline,New York. Chace,J. 1858 Map of Suffolk County,Long Island,New York. J.Duglass,Philadelphia. Hyde,E.Belcher 1896 Atlas of Long Island,New York. E.Belcher Hyde,Brooklyn,New York. New York State Department of Transportation 1991 Orient,New York. 7.5 minute series. New York State Department of Transportation,Albany,New York. United States Geological Survey 1904 Shelter Island,New York 15 minute series. Department of the Interior,Washington,D.C. 16 APPENDIX: EXCAVATION AND ARTIFACT INVENTORY Basic descriptive data from the project area are presented in the following appendix. Excavation, stratigraphic,and artifactual information are included. Excavation information includes shovel test pit(STP) coordinates relative to mapping datum, level number,stratigraphic designation(stratum),and starting(SD)and ending(ED)depths(in centimeters)for each excavated level. The following abbreviations are used in the appendix: Stratum Soils 132-lower subsoil bn-brown 133-substratum cl-clay(ey) dist-disturbed cb-cobbles pz-plow zone gv-gravel lm-loam(y) It-light md-medium mo-mottled ob-orange brown pb-pebbles st-silt(y) yb-yellow brown 17 APPENDIX: LOT 2 SHOVEL TEST PIT EXCAVATION AND ARTIFACT INVENTORY STP SD ED Stratum Soils Cultural Material N25/E15 0 26 pz and bn cl Im 26 60 B2 ob cl lm N25/E30 0 28 pz and bn cl lm 28 60 B2 ob cl Im N25/E45 0 29 pz and bn cl lm 29 60 B2 ob cl Im N25/E60 0 29 pz and bn cl hn 29 60 B2 ob cl Im N15/E15 0 26 pz and bn cl lm 26 60 B2 ob cl Im N15/E30 0 26 pz and bn cl hn 26 60 B2 ob cl lm N15/E45 0 35 pz and bn cl Im 35 60 B2 ob cl lm N15/E60 0 32 pz and bn cl lm 32 60 B2 ob cl Im NO/E15 0 35 pz and bn cl lm 35 50 B2 ob cl Im 50 60 B3 yb cl Im NO/E30 0 30 pz and bn cl Im 30 40 B2 ob cl lm 40 60 B3 yb cl Im NO/E45 0 33 pz and bn cl Im 33 42 B2 ob cl Im 42 60 B3 yb cl Im NO/E60 0 32 pz and bn cl lm 32 60 B2 ob cl hn S15/E45 0 40 pz and bn cl Im 40 60 B2 ob cl Im S15/E60 0 36 pz mdbncllm 36 45 B2 ob cl Im 45 60 B3 yb cl lm S30/E60 0 19 pz and bn cl Im 19 60 B2 ob cl lm S45/E60 0 16 pz and bn cl lm 16 60 dist mo ob cl Im S60/E60 0 22 pz and bn cl lm w/pb&cb 22 55 dist mo ob cl lm w/pb&cb 18 APPENDIX:LOT 3 SHOVEL TEST PIT EXCAVATION AND ARTIFACT INVENTORY STP SD ED Stratum Soils Cultural Material N150/EO 0 36 pz and bn cl Im 36 70 fill It gr st lm N150/E15 0 31 pz and bn cl Im 31 60 fill It gr st Im N150/E30 0 42 pz and bn cl Im 42 60 B2 ob cl lm w/pb&gv N135/EO 0 32 pz and bn cl Im 32 60 fill It gr st Im N135/E15 0 29 pz and bn cl Im 29 60 fill It gr st Im N135/E30 0 35 pz and bn cl Im 35 60 B2 ob cl lm N120/EO 0 32 pz and bn cl Im 32 49 B2 ob cl Im 49 60 B3 yb cl Im N120/E15 0 34 pz and bn cl lm 34 60 B2 ob cl lm N120/E30 0 32 pz and bn cl Im 32 60 B2 ob cl Im N105/EO 0 36 pz and bn cl Im 36 50 B2 ob cl Im w/pb&cb 50 60 B3 yb cl lm N105/E15 0 28 pz and bn cl Im 28 60 B2 ob cl Im N105/E30 0 38 pz and bn cl lm 38 60 B2 ob cl Im N90/EO 0 33 pz and bn cl Im 33 60 B2 ob cl Im N90/E15 0 30 pz and bn cl lm w/pb&cb 30 60 B2 ob cl Im N90/E30 0 32 pz and bn cl Im 32 60 B2 ob cl Im 19 CHARLES R.CUDDYPIT- ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net October 24, 2005 Mr. Anthony Trezza , ---_— Southold Town Planning Department ` P.O. Box 1179 Southold, NY 11971 ('T 2p05 Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Mr. Trezza: In accordance with the Planning Board's resolution of October 17, 2005, we prepared a proposed Declaration of Covenants. Please advise if this is satisfactory to the Board. Very truly yours, C� Charles R. Cuddy CRC/ik Enclosures l DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this day of , 2005, by Christine A. Morton, residing at 25 East 86th Street, New York, New York 10028, hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS, the Declarant is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York, known and designated as lots 1, 2 and 3 on the subdivision map of Orchard Street Farm dated July 19, 2005, which premises is more particularly described on the annexed Schedule A; and WHEREAS, for and in consideration of granting the subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of said lots that the within covenants and restrictions be imposed on said lots, and that 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 has determined that same will be in the best interests of the Declarant and subsequent owners of said lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH : That the Declarant for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the lots 2 and 3 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 and holders of said premises, their heirs, executors, legal representatives, distributes, successors and assigns, to wit: 1. That no herbicides and pesticides shall be applied to Lots 2 and 3 as shown on the subdivision map of Orchard Street Farm dated July 19, 2005. 2. Future residents of the lots shown on the approved subdivision map may be subject to the noise, dust and odors normally associated with the agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 3. Prior to any construction activity on any of the lots shown on the approved subdivision map, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System (SPDES) Program. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. Christine A. Morton STATE OF NEW YORK) : SS.. COUNTY OF SUFFOLK) On the day of , 2005 before me, the undersigned, personally appeared CHRISTINE A. MORTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: BEGINNING at a monument set at the intersection of the northerly line of King Street and the easterly line of Old Farm Road and from said point of beginning running along said northerly line of King Street, North 80 degrees 52 minutes 40 seconds West, 3 16.5 7 feet to land now or formerly of Gemma; RUNNING THENCE along said lands now or formerly of Gemma the following three courses and distances: 1. North 05 degrees 42 minutes 30 seconds West, 135.60 feet; 2. North 57 degress 56 minutes 55 seconds West, 36.68 feet; 3. North 81 degrees 02 minutes West, 162.67 feet to land now or formerly of King; RUNNING THENCE along said land now or formerly of King and then land of others, North 07 degrees 33 minutes 30 seconds West 838.00 feet to land now or formerly of Saint; RUNNING THENCE along said lands now or formerly of Saint, North 83 degrees 50 minutes East, 74.68 feet to lands now or formerly of Van Nostrand; RUNNING THENCE along said lands now or formerly of Van Nostrand, South 87 degrees 49 minutes East, 122.00 feet to lands now or formerly of Tabor; RUNNING THENCE along said lands now or formerly of Tabor the following three courses and distances: 1. South 02 degrees 19 minutes 20 seconds East, 11.60 feet; 2. South 89 degrees 42 minutes 20 seconds East, 105.11 feet; 3. North 02 degrees 19 minutes 20 seconds West, 166.40 feet to the southerly line of Orchard Street; RUNNING THENCE along the southerly line of Orchard Street, North 87 degrees 40 minutes 40 seconds East, 38.83 feet; RUNNING THENCE South 02 degrees 19 minutes 20 seconds East, 206.67 feet; RUNNING THENCE along curve to the right with the radius 10 feet, a distance of 15.71 feet; RUNNING THENCE the following three courses and distances: 1. North 87 degrees 40 minutes 40 seconds East, 253.21 feet; 2. South 02 degrees 19 minutes 20 seconds East, 245.10 feet; 3. North 87 degrees 40 minutes 40 seconds East, 314.22 feet to lands on a certain subdivision map entitled, Bayview Farm at Orient, filed in the Suffolk County Clerk's Office as Map No. 7045; RUNNING THENCE along said lands designated as Park on a certain map entitled, Bayview Farm at Orient, filed in the Suffolk County Clerk's Office as Map No.7045, South 13 degrees 34 minutes 30 seconds West, 524.12 feet to the easterly line of Old Farm Road; RUNNING THENCE along said easterly line of Old Farm Road, South 33 degrees 07 minutes 20 seconds West 325.00 feet to the point of BEGINNING. COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES BRIAN L. HARPER,M.D.,M.P.H. COMMISSIONER November 22, 2005 Anthony Trezza L= _- Planning Board Office PO Box 1179 Town Hall, 53095 State Rte. 25 DEC 1 6 2005 Southold,New York 11971 --` RE: Orchard Street Farms - Subdivision S CTM#: 1000-25-4-11.8 Dear Mr. Trezza: The Suffolk County Department of Health Services (SCDHS; "Department") has received your letter dated October 18, 2005 concerning the above-referenced project. The Department has no objection to the Town of Southold assuming lead agency. Based on a review of the subject coordination, the Department offers the following comments. However, the Department wishes to reserve its right to-provide more detailed information within the comment period(s) established for this action. These comments should not be construed as an implicit SCDHS approval or rejection of the project. All applications are reviewed thoroughly with respect to Suffolk County Sanitary Code concerns by appropriate departmental personnel when SCDHS applications are completed. 1. SANITARY CODE A. Article VI Application Status: Our agency has received an application for the above-referenced project (HD Ref# S10-05- 0015), as required by Article VI of the Suffolk County Sanitary Code. The application is incomplete pending the submission of the following additional technical information: • Test wells sampled by SCDHS • Public Water availability letter • Certificate of Authorization • Town Zoning Approval • Revised Site plans including neighboring wells and sewage systems within 150 feet of the property, test well locations,.and topographic contours. DIVISION OF ENVIRONMENTAL QUALITY, OFFICE OF ECOLOGY 360 Yaphank Avenue,Suite 2B,Yaphank, NY 11980 (631)852-5750 Fax(631)852-5812 • r The applicants must comply with the requirements of the Suffolk County Sanitary Code and relevant construction standards for water supply and sewage disposal. Design and flow specifications, subsurface soil conditions, and complete site plan details are essential to the review of this project. These considerations are reviewed completely at the time of SCDHS application. B. SCDHS Jurisdiction The SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems. The applicant, therefore, should not undertake the construction of either system without Health Department approval. The Department appreciates the opportunity to participate in the SEQRA review of this proposal. Additional information may be provided prior to the close of the established comment period. Should you have any questions or require additional information, please feel free to contact the Office of Ecology at 852-5750. Sincerely, Philip de Blasi Environmental Analyst Office of Ecology PD/amf PC: Kimberly Shaw Walter Hilbert,P.E. PLANNING BOARD MEMBE_:. MAILING ADDRESS: w`rjF SU!/r P.O. Box 1179 JERILYN B.WOODHOUSE O�`v y�l 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 CA Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 18, 2005 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Cluster Conservation Subdivision for Orchard Street Farms The parcel is located on the northwest corner of King Street and Old Farm Road and the south side of Orchard Street in Orient. SCTM#1000-25-4-11.8 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board, at a meeting held on Monday, October 17, 2005, adopted the following resolutions: WHEREAS, proposal is for a Cluster Conservation Subdivision to subdivide a 15.51- acre parcel into 3 lots, where lot 1 equals 13.499 acres upon which 12.459 acres is proposed to be preserved through the application of a Conservation Easement, Lot 2 equals 1.006 acres and Lot 3 equals 1.007 acres; and WHEREAS, an application for sketch plan approval was submitted to the Planning Board on April 15, 2005; and WHEREAS, the applicant has proposed an 80% preservation of the buildable lands and a 60% reduction in density;.be it therefore RESOLVED, that the Southold Town Planning Board hereby classify this application as a Conservation Subdivision; and be it further RESOLVED, that the Southold Town Planning Board start the SEQRA lead agency coordination process for this,unlisted action; and be it further RESOLVED, that the Southold Town Planning Board grant conditional sketch approval upon the map prepared by John C. Ehlers, Land Surveyor, dated last revised on July 19, 2005, subject to the following conditions: r Orchard Street Farms Page Two October 18, 2005 1. Submission of the final application form and application fee in the amount of $500. 2. Submission of final map containing the Health Department stamp of approval. Upon submission of Health Department approval, the Planning Board will schedule the application for a final public'hearing. 3. Submission of the Phase 1 Archaeological Survey. 4. LWRP Coastal Consistency Review. _ 5. Submission of a draft Conservation Easement that permanently preserves the 12.459 acres from future residential development. 6. Submission of the park and playground fee in the amount of$7000 ($3,500 for each newly created lot). 7. Draft Declaration of Covenants and Restrictions that contain the following clauses: a. That no herbicides and pesticides shall be applied to Lots 2 and 3 as shown on the approved subdivision map of"Orchard Street Farm." b. Prior to.any construction activity on any of the lots shown on the approved subdivision map, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System (SPDES) Program. c. By this Declaration, future residents of the lots shown on the approved subdivision map are advised that the lots may be,subject to the noise, dust and odors normally associated with the agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. This approval is valid for six (6) months from the date of resolution unless an extension of time is requested by the applicant and granted by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, William Cremers Vice Chairman 4 MAILING ADDRESS: PLANNING BOARD MEMBERS .`Or c S P.O. Box 1179 JERILYN B.WOODHOUSE O�`' ��/rGQI 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 �lij'Com Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 18, 2005 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: Clustered Conservation Subdivision of Orchard Street Farms SCTM#1000-100-25-4-11.8 Zoning District: R-80 Requested Action: Proposal is for a Cluster Conservation Subdivision to subdivide a 15.51- acre parcel into 3 lots, where lot 1 equals 13.499 acres upon which 12.459 acres is proposed to be preserved through the application of a Conservation Easement, Lot 2 equals 1.006 acres and Lot 3 equals 1.007 acres SEQRA Classification: ( ) Type I (X ) Unlisted Contact Person: Anthony P. Trezza, Senior Planner (631) 765-1938 x 5021 Lead Agency Coordination Request Orchard Street Farms Page 2 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. ( ) Other (see comments below) Comments: Please feel free to contact this office for further information. Very truly yours, G � William Cremers Vice Chairman Enc. cc: Southold Conservation Advisory Committee Suffolk.County Department of Health Services *NYSDEC - Stony Brook, Sheri Aicher Building Department * Map enclosed for your review CHARLERR.CUDDY ATTORNEY AT LAW 445 GRIPPING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net October 18, 2005 Mr. Anthony Trezza Southold Town Planning Department P.O. Box 1179 Southold,NY 11971 Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Mr. Trezza: In connection with the Morton's subdivision (Orchard Street Farm) enclosed is an Archaeological Survey completed by the Institute for Long Island Archaeology of Stony Brook. Please note that no artifacts were encountered and no further investigation is recommended. Very truly yours, Charles R. Cuddy CRC/ik Enclosures j AT MARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net October 4, 2005 Mr. Anthony Trezza Southold Town Planning Department P.O. Box 1179 Southold,NY 11971 Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Mr. Trezza: The applicant has completed the archaeology survey of this site which has been completed by David Bernstein, Director of the Institute for Long Island Archaeology at the State University at Stony Brook. He is preparing a report indicating that nothing has been found at this site. We previously forwarded the covenant requested by the Board. The applicant has submitted the map to the Suffolk County Department of Health Services for approval. Please confirm that a resolution will be presented to the Planning Board approving sketch plan. Very truly yours, Charles R. Cuddy CRC/ik Enclosures 09/22/2005 11-:08 6313639080 PAGE 01r12 �} 1 CIO.RLES R. CUDIAlk Attorney at Law ! .445 Grit ing Avenue Riverhead,New York 11901 Tel No.: (631.)36M200 Fax No.: (631)369-9090 q TO: Anthony Trezza,Planning Department Fax#; 765-3136 S E P 2 2 2005 I TELECOPIER COVER.SHEET Total Number of pages zaincluding cover sheet. If transmission is faulty or incomplete, please inform us as soon a$possi le, - Operator: Iwona Date: September 22, 2005 Comments: Re: Keith Scott Morton Subdivision:map "Orchard Street Farm" SCTM#1000-25-4-11.6 i Attached is health department covenant for Orchard Street Farm. Charley R. Cuddy I MiR fax trsnmW;ian 0gaher with materials fuU"o tg ore intended for the Person or persone named Awed"and am considered cot#fidetttial iriforrnalion. Ifyou have reccnwd this tranamissian in error,you are directed to return these materiaCs immedlsi*by regular mail to the semder at the above address. Al scaaga apcurred far.the return will he paid by ihk firm_ i l I 09/22/2005 11:'08 K;13699090 PAGE 02/12 I I IIII I II l l!I(ill IIII I I(II Illll I I III II III IIII I IIIII II I 1 I Ililll .I(IIIII IIIII III I II [ \ SUFF01M COUNTY CLERK, RECORDS 01'FICE RECORDING PAGE Type of Instxcument: DECLARATION C0nVANT/n8TRICTI Recorded: 05/22/2003 Number of Pages: 17 j I At: 11:•37:19 AM LIBER: D00012252 FAME: 432 Diatrict: l Section: , a1010k: Lot: 1000 025.00 0 .00 011.006 EXAMINED AND CHARrkn ,as FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $51.00 NO ma d1;L'ng 05.0.0 NO COE $5.00 NO N SLTRCkG $15.00 NO TP-584 $0.00 NO ;Nq, ation $0.00 NO Cert.Copies $8.50 NO R�T $30.00 NO SCTM $0.00 NO Foes Paid;'. $I14.50 THIS PAGE IS A PART OF THE INSTRUMENT Edward F.Romaine Count' y 61e�k, , Suffclk 1 County 1 1 � i 1 , i 1 ' 1 � I 1 II i ' 1 09/22/2005 11:O6:- 63136990,30 PAGE 93/1^_ Number of pages 2i10., P1uiw .' S?e "; .'{ 4 TORREN Serial# �-_____ '_.Y!'r+JUC, C:n+AFT L {,�1+ti01 7,A. Certirleate# I Prior Ctf.# Deed/%Murtgape Instrument Deed/Mortgage,Tax Starnp Recording/Filing Stamps i FEES Page/Fiiing'1;ec [ �1 Mortgage Amt. Handling ( _.� j j �. L Basic Tax TP-584 2.Additional Tax Notation Sub Total i EA-52 17(County) Subtotal i Spec./Assit_ / Or EA-S2t7 ;tatel Spec./Add. R.P.T.S.A.' ° y�s ��A TOT.MTG.TAX Dual Town Dual County Comma.of Ed S 0(), , ''y Held for Apportionment Af;idttvi _ +: Transfer Tax Kqd Cvp _ 01 MansionTax The property covered by this mortgage k or Reg,Copy will be improved by a one or two family �. I �_�. Sub Total dwellimtg only. Uthcr _ _�I YE5 or NO GRAND t)TAL if NQ,see appropriate tame clause an page W 1 of this instrument. S Real Property Tax Service Agency Verification t Community Preservation Fund. . fist. Section Block Lvt Consideration A•mount•S ��aaip 1000 02500 0400 011006 L,6 CPP Tax.Due � Date F T> � Improved -PR'R MT'Y A Initials tAAY-0 Vacant[,and Satisfaruonsliissr:tiargeslKeleases List Property Owners Mailing Addres 1TD l RECORD&RETURN TO TD Charles R. Cuddy, Esq. TD 445 Griffing Avenue Riverhead, NY 11901 i s Title Company lixfolrmatioa Co. i atne Title;N Suffolk County Record:111g'& Endorsement•Page Tis pa6w f-Wins pate of the attar hed DECLARATION bF COVENANTS AND RESTRICTION'S made by: (SPECIFY TYPE OF INSTRUMENT) KeLth Sc^*r Morton The#mrises herein ' 'tuated ui / SUrFQLK COUNT , EW FORK. TO In the Township of Southold In the VILLAGE Si.tf folk County Department of Health Services or k AMLET of Greenport I30XES 5 THRU 9 MUST BE TYPED OR PR.TNTED IN BLACK TNK ONLY PRIOR.TO RECORDING OR F UNG, a 09/22/2005 11:08 6313699080 PAGE 04/12 PRIVATE WELL\,COVENANTS DECLARATION Of COVENANTS AND RESTRICTIONS THIS DECLARATION made by KEITH SCOTT MORTON this 29'"day of April, 2003,residing at 25 East 861'Street, Apt612G, New York,NY 10028 hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A."annexed hereto ✓ (hereinafter referred to as'the PREMISES)desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES Covenants and restrictions and does hereby declare that said PREMISES shall be�l,eld and shall be conveyed subject to the following covenants and restrictions: - 1. WHEREAS, DECLA.R.ANT has made application to the Suffolk County Department of Health Services(hereinafter referred to as the DEPARTMENT)for a permit to construct and/or approval of plans for a single family residence, a subdivision or development or other construction project on the PREMISES;and 2. WHEREAS,the PREMISES are to be served by an individual on-site private well; and WHEREAS, the test wells sampled for the PREMISES indicated a groundwater supply that had contamination in excess of the minimum drinking water standard and/or guidelines of the State of New York and contained excess ofthe following. i. Nitrates A complete list of analysis results is attached hereto as Schedule E;and WHEREAS, the County of Suffolk Department of Health Services has agreed to issue a permit only if there be a record covenant that the necessary water conditioning equipment ' be installed so as to meet the quality standards for drinking water;it is DECLARED and COVENANTED-try DECLARANTS,their heirs or successors and assigns forever,that no residence upon the above described property will be.occupied prior to the installation of the necessary water conditioning equipment so that the water, when conditioned, meets the said minimum quality standards for drinking water of the State of New York and evidence of the same is furnished to the.Suffolk County Department ofHealtb Services for their written approval. 2 a.) As,a further condition of the DEPARTMENT, of such subdivision or development application, the DECLARANT covenants that there shall be no further division of Page 1 of 3 �I 09/22/2005 1'1:08 68136119080 PAGE 05/12 Parcel B(Schedule B)-consisting of 2 acres, and that Parcel C(Schedule C)-consisting of 15.50 acres may not be subdivided into more then three(3)lots. Parcel B and Parcel C may be further subdivided if.pub'ac'water is provided to all lots and existing wells are.abandoned and disconnected in accordance with the standards of the DEPARTMENT. 3. The�DEC1LAttAIv'T, its successors and/or assigns shall set forth these covenants, , agreements and.declarations in any and all leases to occupants,tenants and/or lessees of the al3ove described property and shall, by their terms, subject same to the covenants and restrictions contained herein, Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall n,ot invalidate their automatic subjugation to the covenants and restrictions. 4. ,U of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon and provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such Iaws, d,rdinances, and/or regulations may tlwr after be revised, amended, or promulgated. ; 5. Tais document is made subject to the provisions of all laws required by law or by their provision,ito be incorporated herein and.they are deemed to be incorporated herein and made a part hereof as though fully set forth. 1 6- Tile aforementioned Restrictive Covenants shale be enforceable by the County of Suffolk, State of New York,by injunctive relief or by any other,romedy in equity or at law. The failure of seed agencies or the County of Suffolk to enforce the same shall not be'deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof: 7. These covenants and restrictions shall runt with the land arAd shall be binding upon the DECLARANT, its successors and assigns, a> d upon all persons or entiries clairr'ting under there, and Imay be terminated, revoked or amended only with written consent oftne DEPARTl4 ENE, 8, The declarations set forth in the WHEREAS clauses contained herein shall be deemed and coin stru.ed to be promises, covenants, and restrictions as if fully repeated and set forth herein. i 9. l.f any section, subsection, paragrzph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent Jurisdiction, be adjudged illegal, I i PagO of 3 I � I I i i 09/22/2095 1'a:08 6313699080 PAGE 06/32 unlawful, invalid, or held to be unconstitutional„the same shall not affect the.validity of•these covenants as a whole, or any other part or provision,,hereof other than the part\so adjudged to be illegal, unlawful, invalid, or unconstitutional, i 1.0, Local Law 432-1980-The DECL.-Vk-ANT represents and warrants that he has not offered or given any gratuity to any official, employee, or agent of Suffolk County,New York Sate, or of any political party,with the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of Local Law#32-1984, I I 1 I By: Keith Sc&f Morton i STATE OF NEW YORK) COUKTY OF SUFFOLK} On the day of April in the year 2003 before me,the 4ndersi�ned, personally appeared, KEITH.SCOTT MORTON,personally known tome or p�-oved to me on the basis,of satisfactory evidence to be the individual(s)whose name(s) is(are) sub�cri6ed to the within instrument and acknowledged to me that he/she/they executed 06,same in his/her/their capacity(ies), and that by his/her/their aignature(s) on the instrument, M'the 40 duals)or the person upon behalf of which the individual(s) acted, executed the instrument, ! i _l�CrY• � Ql�rr► Notary Public i, p ONO KOdYM NWA s,� age1�oik Pag L�3 of 3 I I II 1 i 1 1 f I 05':2 <<_t 5 1i:�J3 E313E99�J8 � PAGE 07/22 SCErEZ)ULR. A ALL- that Certain plot, piece :)r, parcelrcf land, with the buildings and improvements thereon erected, situate, lying and being at Orient, Tbwn of Southold, Cou11ty of Suffolk and State of New York being Orient, Town Of Scutholi, County of Suffolk and Stake of New York being m.orc' part:i cu_l.oi~ly bounded and described as follows : i BEGIN ING at a, monument set; at :th= irxtrrsection of the northerly line of King Street and the easterly lane of Old Farm Road and from said point of beginning running along said northerly line of King Street, North 80 degrees 52 minutes aQ seaczide West, 316 .57 feed to land now or formerly of Gamma; RUNNING THENCE along said lands now .or formerly of Gamma the following three courses and di5ta.nces : 1, North 05 degrees 42 minutes 30 seconds West, 135.60 .feast; 2 North 57 degrees 56 minutes 55 seconds West, 3s .68 feet; 3 . North 81 degrees 02 minutes West, 162 . 87 feet to land now or formerly Of King; RM, ING TWENCE along paid ,_and, now 9r formerly of King and then land of others, North 07 degrees 33 Minutes So seconds west 838 . 00 feet to Land now or formerly of Saint; RUNNING THENCE along said lands now' or formerly of Saint, North 83 degrees 50 minutes East, 74.,58 feet to lands now or formerly of Van Nostrand; RUNNING THENCE along said lands nave cr formerly of Vat Nostrand, South 87 degrees 49 m:enutes East, 122.00 feet to lands now or formerly of Tabor; RUNNING THENCE along said lands now formerly of Tabor the following three courses and di.s.tance,3: 1. South 02 degrees 19 minutes 20 seconds East, 1I .60 feet; 2 . South 89 degrees 42 minutes 20 seconds East, 105.11 feet; 3 _ North 02 degrees 19 minutes 20 seconds West, 166. 40 feet to the southerly line of Orchard Street; RUNNING THENCE along the southerly Hine of Orchard Street, North 87 degrees 40 minutes 40 seconds East, 50. 00 feet to lands now or f o,r.rrotrly Of Eogden; RUNNING TF?E,NCE, along said lands nrsw cr formerly of. Bog6en, South 02 degrees 19 minutes 20 seconds L�,az t, 200 feet; 09/22/2005 11:08 6313699080 PAGE 08112 FZUNT7NG THENCE along said .ands now or formerly of Bogdan and then along lands now or formerly of Eoerum, North 87 degrees 40 minutes 4.0 seconds East, 300 . 00 feet, RUNNING THENCE along lands nocv or formerly of Soe_r'uw., North 86 degrees 55 minutes 10 Seconds East, 126. 91 ,feet to 'lands now- or formely of Nigro- HUWINr THENCB along said lands now or formerly of Nigro, North 76 degrees 50 minutca 40, seconds Fast, 69 .00 feet to lands now or fo-,rmewly of Lenzner.; RUNNING THENC.G a,10115F said lands now or formerly of Lenzne.r 'the following two caurses and distances: 1. South 11 degrees 56 minutes 10 seconds Xlest, 86 .73 feet; 2. South 65 degrees 42 minutes 20 seconds East, 143 .64 feels to lands designated as Park on a certain map entitled, ]3ayview Parm at Orient, tiled in the Suffolk County Clerk's Office as .Map No. 7045; FUNNING THENCE along said lands designated. as Park on a certain map entitled, Bay-view Farm at Orient, filed in the Suffolk County Clerk' s Office as Map No. 7045, South 13 degrees 34 minutes 30 seconds .West, 657.22 feet to the easterly line of Old Farm Road; RUMTTXG THENCE* along said easterly line of Old Farm Road, South 33 degrees 07 minutes 20 seconds West,. 325 .00 feet to the point of BB5INNING. 09/22/2005 1 :08 6313639090 PAGE 09112 SCHEOULZ D kLL thair, o.ert.a4 n plot, piece or' parcel of Nand; situate, lying and being at Orient, Town of .S6uthol.d, . County of Suffolk and State of New 'York, begin more particularly bounded and described as follows: BEGINNTNG at z monument set at' the intersection of the southerly line of Orchard Street as it i,s intersected, by the easterly line of land now or formerly of Moisa; THENCE RUNNING North 87 degroes ,40 minutes 40 seconds East, 38 . 63 feet to . the true point. or place of beginning; RUNNING THENCE North 87 degrees 40 minutes 40 seconds East, 1.2 .17 feet to land now or formerly of Bodgen; RUNNING THENCE along said lands now or formerly' of Bodgen, South 02 decrees 19 minutes 20 seconds East, 200.00 feet; RUNNING THENCE along said lands now or formerly of Bodgen and then along lands now or formerly of Boerum, North 87 degrees 40 minutes 40 seco-ads East, 300.00 feet; RUNNING THENCE along lands now or formerly of Roerum, North 86 degrees 55 minutes 10 seconds East 126 , 97. felt to lands now or formerly cf Nigro; RUNNING THENCE along said lands now or formerly of Nigro, North 76 degrees 50 minutes 40 seconds East., 69 . 00 feet to lands now or formerly- of Lenzner; RUNNING THENCE along said lands now or formerly of Lenzner the following two courses and distances: 1. South 11 degrees 56 minutes 10 seconds West, 86.73 feet; 2 . South 65 degrees 42 minutes 20 seconds East, 143 . 64 feet to lands designated. as Park on a certain map entitled, Bayview Farrl at drient, filed in the. Suffolk County Clerk' s Office as Map No. 70457 RUs%7NIyTC THENCE along said lands designated. as Park on a certain, map entitled, Bawiew Farm at Orient, filed in the Suffolk County Clerk's office as Map No. 7045, South 13 degrees 34 minutes 3,0 seconds West, 133 .10 feet; RU.NtZING THENCE along-the 'southerly, line of the following three cot_"ses and distances- I. South 8^ degrees 40 minutes 40 seconds West, 314. 22 feet; 09/22/2005 11:08 63136390BO PAGE 10/12 I 2 . North 02 degrees 19 minutes `2 0 . secohds West, 241 . 10 feet; 3 . South *87 degrees 40 minutes 40 weconds West, 253 .21 feet, RUM INTO THENCE along curve to the 2 :jLght with radius of 10 feet, a. distance of: 15 .71 faet; RUNNING THENCE North 02 degrees 19 minutes 20 seconds West, 205 . 67 fret to the true point. Or place of 2031MING. I � % I .ram �`. i I I , I � r i r I I 09/22/2005 11:08 6313699080 PAGE 11/12 SGREDULZ ,C AT.L that. certain plot; piece or parcel of land,'. with the buildings and improvements thereon erected, situate, lying and bring at Orient, Totjn, of Southold, County of Suffolk and State of New York being Orient, Town of Southoid; County of Suffolk and State of New york being more particularly bounded and described as follows: BEGINNING at a 'monument set at the intersection of the northerly line of King Street and the, eaeterly line of Old Farm Road and from said point of beginning running along said northerly line of I{iTic Street, North 80 degrees 52' minut`es 40 seconds West, 315.57 teet to ].and now or formerly oy' Gemma; RL'N1�]ING THE14CE along said lands now or, formerly of Lemma the following three courses and distances: 4. North 05 degJ:ees 42 minur/es 30 seconds West, 135 .60 feet; 5 . North 57 degrees 56 minuces 55 seconds West, 36 .68 feet; 6 . North 81 degrees 02 minutes Wiest,, 162 . 57 feet to land now or formerly of King; RU NT ING 'THENCE along said land now or formerly of King and then land of others, North 07 degrees 33 min,utet 30 seconds west 838 . 00 feet to land now or formerly 04 Sa;.nt; RUNNING. THENCE along said lands now or formerly of Saint, North 83 degrees 50 minutes East, 74.68 feet:, to lands now oz formerly of Van 1,3ostrand; k?UNNING -THENCE along said lands now or formerly of Van Nostrand, South 87 degrees 49 minutes East, 122.,00 rerat to lands n.ow or formerly of Tabor; i RUB ITING THENCE 41ong said lands now or ,formerly of Tabor the following three courses and distance I s: I 4. South 02 degrees 19 minutes 20/seconds East, 11.60 feet; 5 . south 89 degrees 42 minutes 20 sewoiida East, 105.11 feet; 6, North 02 degrees 19 minutes 20 seconds West, 166 .40 feet to the southerly line of Orchards Street; i RUINING THENCE along the southerly lx.ne of Orchard Street, North 87 clegrees 40 miryutss 40 seconds East, 38 . 63 feet; RUNNING TRENCE South '02 degr'tes 19 minutes 20 seconds East, 208 . 67 feet; RTJNIVIN,y THENCE along a curve to th.e' right- with the radius 10 i ` I � 09/22/2005 11:08 6313699030 PAGE 12/12 I feet, a distance of 15 .71 feet„ RMNTNG THENCE ,the following t,Mree' courses anal distances: I- North 87 degrees 40 minutes 40 seconds east, 253 .21 .feet; 2 . South 02 degrees 19 minutes 20 seconds F.ac,t, 245 . 10 feet; 3 . North 87 degrees 40 minutes 40 seconds Easy., 314 .22 feet to lands on a certain subdivi3ion man cntitle,�t, Rayview Farm at Orient, filed in the Suffolk County Clerk's Office as Map No- 7045; RUNNING THENCE ajong said lands designVI'.ted as Park on a certain map antitled, Bayview Farm at ,Or..ent, filed in the Suffolk County Clerk' s Office as Jjap No. 7045, South 1. degrees 34 minutes 30 seconds West, 524 . 12 feet to the easterly line of old Farm Road; RMTNZNG THENCE along said easterly line of Old Farm Road, South 33 degrees 07 minutes 'LO seconds1,West a25 . 00 feet to the point of. BEGLZrNING. I ' ! r I 1 - I r MAILING ADDRESS: PLANNING BOARD MEMBERS rjF SU!/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 Zl eAUNT`l,�c`� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 19, 2005 Mr. Edward Loper, Sr., Secretary Orient Fire District 23300 Main Road Orient, NY 11957 Dear Mr. Loper: Enclosed please find one (1) subdivision plan, dated as last revised July 19, 2005, for the Conservation Subdivision of Orchard Street Farm, located on the northwest corner of King Street and Old Farm Road and the south side of Orchard Street in Orient. SCTM#1000-25-4-11.8. O The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether firewells are shallow or electric. The enclosed subdivision is being referred to you for your recommendation at to whether any firewells are needed. Please specify whether firewells are shallow or electric. Thank you for your co peration. Very ul you s, nthony P. rezza Senior lanner enc. A,� CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net August 31, 2005 Mr. Mark Terry — -- � Southold Town Planning Department P.O. Box 1179 Southold NTY 11971 � d ' + IJ S E P - 1 2005 1- Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Southold io,;n P!^.nni gar i Dear Mr. Terry: In accordance with our discussion and meeting with the Planning Board, enclosed is a proposed Declaration of Covenants with respect to lots 2 and 3 of the subdivision being completed by Keith Scott Morton. Please advise if this meets with your approval so we may record it. Very truly yours, r. Charles R. Cuddy CRC/ik Enclosures DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this day of , 2005, by Christine A. Morton, residing at 25 East 86th Street, New York, New York 10028, hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS, the Declarant is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York, known and designated as lots 2 and 3 on the subdivision map of Orchard Street Farm dated July 19, 2005, as more particularly described on the annexed Schedule A and Schedule B; and WHEREAS, for and in consideration of granting the subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of said lots that the within covenants and restrictions be imposed on said lots, and that 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 has determined that same will be in the best interests of the Declarant and subsequent owners of said lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH : That the Declarant for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the lots 2 and 3 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 and holders of said premises, their heirs, executors, legal representatives, distributes, successors and assigns, to wit: 1. That no herbicides and pesticides shall be applied to Lots 2 and 3 as shown on the subdivision' map of Orchard Street Farm dated July 19, 2005. i IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. Christine A. Morton STATE OF NEW YORK) : SS.: COUNTY OF SUFFOLK) On the day of , 2005 before me, the undersigned, personally appeared CHRISTM A. MORTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 119o1 E-mail: charles.cuddy@verizon.net July 20, 2005 Mr. Mark Terry Southold Town Planning Department P.O. Box 1179 Southold;NY 11971 Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Mr. Terry: Enclosed are eight (8) copies of the revised subdivision map showing lot 3 moved to the north and the building envelope also moved north so that the vista from Old Farm Road remains open. Please confirm that the map is now in acceptable form and that we can proceed with the subdivision approval. Very truly yours, Charles R. Cuddy CRC/pc Enclosures ._ Jl J U L 2 5 2005 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRI FFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net June 29, 2005 Mr. Mark Terry Southold Town Planning Department D =7S,outt,hold P.O. Box 1179 Southold, NY 11971 Re: Keith Scott Morton-Conservation Subdivision Town SCTM# 1000-25-4-11.8 B arr� Dear Mr. Terry: In connection with the above subdivision, we are enclosing the LVWRP Consistency Assessment Form. Very truly yours, Charles R. Cuddy CRC:ik Enclosures Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete.this CCAF for proposed actions that'-are subject to the Town of Southold Waterfront Consistency Review Law. 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# 1000 _ 25 _ 4-11.8 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. 0 Building Dept. ❑ 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 action: Conservation 3--lots subdivision on- 15.51.ac. parcel. Location of action: n/w corner of King Street and Old-,_Farm Rd. , Orient, NY Site acreage: 15.51 acres Present land use: Vaca„t land/ agri rill tnral Present zoning classification: A_20 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: Keith Scott Morton (b) Mailing address: 25 East 86th Street New yar, NY 10098 (c) Telephone number: Area Code( ) (212) 889-6643 (d) Application number, if any: N/A Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No❑ If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria: [—]Yes ❑ No ❑ Not Applicable 10 51' arrea will be preserved f er F irtg--pt,r�ewe Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III.—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary • , a Policy 3. Enhance visual quality and .protect scenic resources. throughout the Town of Southold. See. LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and_natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWPP Section III —Policies Pages 16 through 21 for evaluation criteria Yes ❑ No R 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 evaluation criteria. ❑ Yes ❑ No ❑x Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRPP 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 LxJ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes❑ No F_x] Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of.new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No © Not Applicable w G a 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 ] Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No E� Not Applicable ' 10.51 acres is protected for agricultural use. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No x❑ Not Applicable Created on.5/25/05 H:20AM CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-W80 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net May 9, 2005 Hand Delivered ` Mark Terry ! L k Southold Town Planning Department P.O. Box 1179 d MAY 13 2005 Southold, NY 11971 p Re: Keith Scott Morton-Conservation Subdivision o„ ho!6 r.;.;n SCTM# 1000-25-4-11.8 Dear Mr. Terry: For your records, we are enclosing an Authorization Form and a copy of the Deed, in which Keith Scott Morton conveyed the property to Christine A. Morton. Very truly yours, Charles R. Cuddy CRC:ik Enclosures CHRISTINE A. MORTON 25 East 86' Street New York, NY 10028 I, Christine A. Morton, the owner of the property identified as SCTM# 1000- 25-4-11.8, located in Orient, New York, hereby authorize Charles R. Cuddy, Esq. and Keith Scott Morton to act as my agents and handle all necessary work involved in the subdivision process with the Southold Town Planning Board . Christi fie A. Morton Sworn to before me this 3 day of 2005. 1 1 ota is l ARETHA THOMAS McLEAN 01 MC5083290 Notary Qu Pfle id i State of New York n Bronx Cou� ,gyp My Commission Expires 08111! IIIIII II IIII Illll lllll lllll lllll lllll lllll lllll llll 11 IIII IIIII lllll IIII IIII SUFFOLK COUNTY CLERK. RECORDS 'OFFICE RECORDING: PAGE Type of Instrument: DEEDS/DDD Recorded: 08/11/2004 Number of Pages: 5 At: 03:05:12 PM Receipt Number : ;04-0089197 TRANSFER TAX NUMBER: 04-01718 LIFER: D00.012336 PAGE: 629 District: Section: Block: Lot: 1000 025.00 04.00 013.008 EXAMINED AND CHARGIED .AS FOLLOWS' Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15.00 _ NO Handling $5.00 NO COE $5.00 NO. NYS SRCHG15 EA-CTY $5.00 NO EA-STATE $50..00 NO .00 NO TP-5.84 $5.00 .. NO ' Cert.Copies $0.00 NO RPT $30:00 NO SCTM $0.00 NO Transfer tax $0.00 NO Comzn.Pres $0.00 NO. Fees $$kid $130.00 TRANSFER. TAX NONBER: 04-01718 THIS PAGE IS A PART OF TUN .TNPTRUMENT THIS IS NOT A BILL Edward P.Romaine. County Clerk, Suffolk- County _3 Number of pages RECORDED TORRENS 2004 Rug 11 03:05:. M Eduard P.Romaine Serial# CLERK OFSUFFOLK COUNTY 'Certi L DOD012336 ficate# P.629 DT# 04-61710 Prior Ctf.# Deed/Mortgage Instrument Deed 1 Mortgage Tax Stamp Recording I Filing Stamps 4 FEES Page/Filing Fee Mortgage Amt. Handling 1.Basic Tax TP-584 2.Additional Tax Notation Sub Total EA-52 17(County) ------- Sub Total SpecJAssit. EA-5217(State), y Or Spec./Add. R.P.T.S.-A. Qtl ip✓ TOT.MTG:TAX Comm.of Ed. 5 02 Dual Town Dual County Held for Apportionment Affidavit + ` Transfer Tax Certified Copy Mansion Tax The property covered by this mortgage is or Reg.Copy / e�r1 will be improved by a one or two family a Other ." Sub Total ( dwelling only./ YES or NO GRAND TOTAL t' ! if NO,see appropriate tax clause on page.# of this instrument. tJv i Real Property Tax Service Agency Verification 6 Community Preservation Fu d Dist. 1 1, Section I B lock 1, Lot Consideration Amount$ 04033990 1000 02500 oao0 oitoOB Stamp ,1-fi CPF Tax Due 5 Date P T S R CFE A Improved ]nilials it-AUG' , Vacant Land' j Satisfactions/Discharges)Releases List Property Owners Mailiog Address TD RECORD&RETURN TO: Charles R. Cuddy, Esq. TD 445 Criffing Avenue TD P.O. Box 1457 Riverhead, NY 11901 s 'Title Compmsay Information Co.Name Title# 9 Suffolk County Recordin & Endorsement Page This page forn.is part of the attached Deed made bv: (SPECIFY TYPE OF INSTRUMENT) Ke The premises herein is_situated in SUFFOLK COUNTY,NEW YORK. . TO In the Township of. Southold Christine"A. Morton. In the VILLAGE or HA&ET of orient€ BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDiNCi OR F1l.IN0. NY003-Bargain and Sale Deed with Covenai it Grantors Acts Individual or Corporation(Single Sheet)(NYBTU SM21 CONSULT YOUR LIwYEll HEFene SIGNING THIS INSTRUMENT—THLS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the �1 S' day of S��- ,in the year 2004 BETWEEN KEITH SCOTT MORTON residing at 25 East 86th Street, Apt #12G, New York, NY 10028 party of the first part,and CHRISTINE A MORTON, residing at-25 East 86th Street, Apt if12G, New York, NY 10028 party of the second part, WI'INESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and:being in the SEE SCHEDULE A ANNEXED HERETO Tax Map Designation Dist See: Blk TOGETHER with all right,title and interest,if any,of the parry of the first part of,in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtgmces and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises.herein granted unto the party of the second part,the hews or successors and assigns of the parry of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever,except as aforesaid AND the party of the fast part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to-be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"patty"shall be.construed at if it read"parties".whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the parry of the first part.has duly executed this deed the day and year fast above written. IN PRESENCE OF: CARL BAYER Keith Sc Morton Notary Public,Stilts of NowYorlt No.OISA8058460 Ouallfied in Gloms Cornm[asian Ms1►146 y UnaAdw tnRMsrsowwcrMvNewYoxaSicMOMr. ClWeC►nweEVGMvaF0MB EnwwnzwxEwYaUSrnrsOMM Shoe of New York,County of t, k )ss.: State of New Your,Cohmty of }EL .On thedlday of A-1`I - m&e yt 2004 On dhe" ' of the y= before me,the tmdersi 4 personalty appeared before me, nmdetsig ed,per�Y aPi+� in Keith Scott Morton ~ peteoaaily(mown to me or ptwed to me on the basis of satisfacmay pesshmafty imoarn to me a pmved"to me an to bash of sexy evidmoe to be the todividuat(&)whose name(s)is(ate)subscibed to the . . evidence to be ttie indi�s)whose amrc(s)is(ace)si&cnl)ed to the wither instrument and acknowledged mine drat bstehdd ey executed the within insourom and acknowbW to me that IWAWdW aai oe m hisihedihea res end that exeamed the. NYC A by ems)on setae m hk1=1heir capw*y.(rt sA and dot his&=1hea sig du*s)on the hWm m%tba iodvidwksA err the person upm bebatf of whits the the h►strurnent,the Myid gsA or the person npm b& f of wb'rrh the " individual(s)acted,es=mod the m os me nt iodividtml(s)act4 executed the instnm ent CARL BAYSR. � Notsty Public,State of New YQdtT5tary ubli No.GIBAOM8460 QuaUHed In Queens County Commission Expires May 14,9W Ac9vmmG mvrFaWrmUmHWamvNhwYasaSk4w0mr AoMowrmaMEFrAmvRwUiffOLo=AkwYaWSrAMOMP (New Yong Sub-eing Vrdn—Acknowledgment Certtfunte) (Oat OfState'arFoteign General Acknowledgment CeWfleele) State of New York,County of /omplde Vmue with State.Cowtry,Pravhtce orAGaddp ak)• )sa t On the day of in the.year before me,the undersigned,personally appeared On the day of - in the year before me,the undersiF3m4 personally appeared the subscribing witnh�to the foregoing instttament,with whom I am personally acquainted,who,being by me duly sworn,did depose and personally known to me or proved to me on the basis of satisfactory say that he/shelthey reside(s)in evidence to be the individual(s)whosename(s)is(am)subscribed to the within m umcnt and acknowledged-to me that helshe!dtey (iike place afrerklence is In a city,include the street and street number,if executed the samejn hWhei/their mpacity(ies),that by his&er/their any,the-0; that helshe/they know(s) signature(s)on the instrument,the"individuai(s),or the person upon behalf ofwhich the individual(s)acted,executed the instrument and to be the individual described.in and who executed the foregoing that such individual made such appearance before the undersigned instrument;.that said subscribing witness was present and saw said in the execute the same;and that said witness at the same time subscribed (Irtrer!the dry.or other palitinwl subdfvitlon and the state or coaurtny or hisTher/their name(s)&s a witness thereto. other place the acknowledgment was taken). HARGA N&SALE DEED WRllCOYFNAM AGAWrGR~3AC[S . TRLE NO. Disreccr SEC!nON Keith Scott Morton BLOCK LOT. TO` CdtiNW OrsTown Christine A. Morton REcoRornArREguEsloF t Fldelity Natlonal Title Insurance Company of New York RETUM SYMAIL TO FDELrry 1ATIONALTITLEINSURANCE ' Charles R. Cuddy, Esq. COMPANY OF DIM YORK Riverhead, _rhead,Giiffi N Avenue tntnrr sAraolvll Riverhead, NY 11901 caf�.�'osrGFideliry.�yG..��' - MaRberxw rorksau tenor nrt.;WaCaftae ' W U C 0 LL 0 w Vl" R h W ou ' a1us . - - .. , u � SCHEDULE A ALL that certain plot,,piece or parcel of land, with the buildings and improvements thereon erected,situate, lying`and being at Orient, Town,of Southold, County of-Suffolk and State.of New York being more particularly bounded and.described as follows; BEGINNING at a monument set at the intersection of the northerly line of King Street and the easterly line of Old Farm Road and from said point of beginning running along said northerly line of King Street, North 80 degrees 52 minutes 40 seconds West, 316:57 feet to land now or. formerly of Gemma; RUNNING THENCE along said lands now or formerly of Gemma the following three courses and distances: I. North 05 degrees 42 minutes 30-seconds West, 135.60 feet; 2. North 57 degress 56.minutes 55 seconds West, 36.68 feet; 3. North 81 degrees 02 minutes.West, 162.67 feet to land now or formerly of King; RUNNING THENCE along said land-now or formerly of King and then land of others, North 07 degrees 33 minutes 30 seconds West 838.00 feet to land now or formerly of Saint; RUNNING THENCE along said.lands now or formerly.of Saint, North 83 degrees 50 minutes East,74.68 feet to lands now or formerly of Van Nostrand; RUNNING THENCE along said lands now or formerly of Van Nostrand, South 87.degrees 49. minutes East,.122.00 feet to lands now or formerly of Tabor; RUNNING THENCE along said lands now or formerly of Tabor the following three courses and distances: I.- South 02 degrees 19 minutes 20 seconds East, 11.60 feet; 2: South 89 degrees 42 minutes 20 seconds East, 105.11 feet; 3. North 02 degrees 19 minutes 20 seconds West, 166.40 feet to the southerly line of Orchard Street; RUNNING THENCE along the southerly line of Orchard.Street, North 87 degrees 40 minutes 40 seconds East, 38..83 feet; RUNNING THENCE South 02 degrees 19 minutes 20 seconds East, 206.67 feet; . . RUNNING THENCE along curve to the right with the radius 10 feet, a distance of 15.71 feet; RUNNING THENCE the following three courses and distances: I. North 87 degrees 40 minutes 40 seconds East, 253.21 feet; 2. South-02 degrees 19 minutes 20 seconds East,-245.10 feet; 3. North 87 degrees 40 minutes'40 seconds East, 314.22 feet to lands.on a certain subdivision . map entitled,,Bayview Farm at Orient, filed in the Suffolk County Clerk's Office as Map No. 70.45; RUNNING THENCE along said lands designated as Park on a certain map entitled, Bayview Farm at Orient, fled in the Suffolk County.Clerk's Office as Map No.7045, South.13 degrees 34 minutes 430 seconds West, 524.12 feet to the easterly line of Old Farm Road, RUNNING THENCE along said easterly line of Old Farm Road, South 33 degrees 07 minutes 20 seconds West 325.00 feet to the point of BEGINNING. CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8" P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net April 15, 2005 Hand Delivered Mark Terry Southold Town Planning Southold Town Hall Main Road Southold, NY 11971 Re: Keith Scott Morton-Conservation Subdivision SCTM# 1000-25-4-11.8 Dear Mr. Terry: In connection with an application for a conservation subdivision of the above property, we are enclosing the following: 1. Disclosure Affidavit 2. Authorization Form 3. Sketch plan application 4. Long Environmental Assessment Form 5. Check in the sum of$1,200.00 6. Eight (8) subdivision maps Please proceed with review of this subdivision. Very truly yours, � t t,_- Charles R. Cuddy Enclosures ,` _ --=- -- ._ - =---'—•' APR 1 8 2005 Terry, Mark From: Terry, Mark Sent: Friday, March 18, 2005 10:10 AM To: Spiro, Melissa; Trezza,Anthony Subject: Orchard Street Farms"Keith Scott Morton" FYI. Charles Cuddy would like to propose a 80/60 Conservation Subdivision on the parcel. The calculations are as follows: 1. Buildable Lands =15.51 Acres (No unbuildable lands) 2. 80 % Preservation = 12.40 acres 3. Total Yield =8 lots x 40% =3 lots 4. Developable Area =3.11 Acres where 3, 1 acre lots or less Cuddy mentioned this and the Applicant agreed to pursue. Note the SCDOh placed a C&R on the parcel for a three lot cap. Tracking: Recipient Delivery Spiro,Melissa Delivered:3/18/05 10:10 AM Trezza,Anthony Delivered:3/18/05 10:10 AM 1 CHARLES R.CUDDY /Li ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 PAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net January 31, 2005 Mr. Mark Terry i Southold Town Planning Department Southold Town Hall P.O. Box 1179 Southold, NY 11971 Re: Keith Scott Morton-Orchard Street Farm, Orient-Minor Subdivision SCTM# 1000-25-4-11.6 Dear Mr. Terry: We-are enclosing eight (8) copies of the proposed subdivision map which we have discussed with you. In accordance with our discussion would you please schedule consideration of this proposed subdivision for a work session. If we could discuss the Flower Hill Building Corp. subdivision at the same time (Ackerly Pond Rd.) I would be most appreciative. Very truly yours, Charles R. Cuddy I i CRC:ik Enclosures _ . t: F E B - 2005 i J I , r ��. _ a _" -- -_I F ;. .,$--�• �...-• 11,, ` _,, - -,,, �� fir'+"- �,�, -----+�' , • d f 1 • � r lot,__ c �l 1 f { I l ' - r • r tiY.. F � \ n. 4 �\\ VOL. r Ar r _ T j 0 } O. • t t14 - 1 f , N it .I ! - � 1�`� ,.r'•- _ _ -"--- r ; i f , f � � � �� • •fir _ i ._.. ,.-° 'f�` �. ICY 'i i!� C• �. 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'sF';' L,K`ti"`g -''•�r`�f ,{•5w.,.,r+•T��•J'•, _: - _ • _ �.. +r ` , r .ri•a } t"b.l"'' � <s P::�4. �` :.F � `ti��.. ry�} �"y";.I � ;; � �y++�.��y - t•aeK•:f.x.�•� f� t �' - d.: -.�^.. ._ _-e -•. _ i �� '!.•, .:�f -�.,,tt�s *.! -� f to Y��Th�.. 414 • ,{ ��.." �1..a...- i � y•t ��N•r,wd',t.yF .w.4#x,�� :.t. w - •..'F"3�!�R -ri �r�r..{.,; - • j• �1 e i ct � , `;+a T •51 Y"^ y sY ' atx. tvt K•' - � ' � 1211 1 / 2006 v - r .41 , \7 1 j ♦ ' , t k` F � r _ � Project Status Report for Conservation Subdivisions Project `amendLcatlon, � ��` Pr�jeGt�3escriptr�t (takenfrPlanningTracking t f { € s a x sip ' F 4 611, p � E ka Sketch Application Dates Pre-Submission Conference SEQRA Determination Sketch Application Received Ao� I t, 20�� SC Planning Commission Referral Application Fees Paid SC Planninq Commission Comments ERSAP Submitted Fire Department Referral Yield Plan Submitted Fire Department Comments Concept Design Determined Engineer Conference Fire Department Comments Sketch Plan Submission SEQRA Coordination Conditional Sketch Approval Landscape Plan Sketch Approval Soil Conservation Plan Final Plat Application Dates(6 months after Preliminary Plat Approval) Final Application Received Affordable Housing Fee Paid Application Fees Paid Administrative Fee Paid Mylars Received(5) NYSDEC Wetlands Permit Received Paper Prints Received(8) NYSDOT/DPW Permit Received Final Road and Drainage Plans Trustee Permit Received Performance Guarantee Received Final Hearing Set Performance Guarantee to Town Board Final Hearing Held/Closed Final Covenants and Restrictions Filed Legal Documents Final Homeowner's Agreement Conditional Final Approval Final Road Maintenance Agreement Final Approval I 1 Fl Park and Playground Fee Paid Map Endorsed by Chair Conservation Agreement LWRP Consistency Review Final MapRoutinp: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: PLANNING BOARD MEMBERS ��® �� ADDRESS,. JERILYN D.WOODHOUSE P.O. Bo 117 Chair Southold,NY 11971 RICHARD CAGGIANO OFFICE LOCATION: WILLIAM J.CREMERS 41 �`®' Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 MART_IN H.SIDOR �CO�.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 '7D5-1938 PLANING NING BOARD OFFICE Fax: 631 '765-3135 TOWN OF SOUTHOLD Application for Sketch A ro*Val APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for SKETCH APPROVAL for the subdivision described herein. 1. Name of Subdivision Orchard Street Farm 2. Suffolk County Tax Map # 1000-25-4-11.8 3. Type of Subdivision Standard [ ] 'Conservation fix] 4. Hamlet Orient 5. Street Address/ n/w corner of King St. and Old Farm Rd. Project Location 6. Acreage of Site 15.51 acres 7. Proposed Yield 3 lots 8. Number of Lots Proposed 3 1 o G 9. Zoning District R-80 ; .. April 15, 2005 11. Please provide the navies, addresses and phone numbers for the following people: Applicant: Keith Scott Morton 25 Fact. Rhth_Street New York, NY 10028 (212) 889-6643 Agent: Charles R. Cuddy, Esq ' P.O. Box 1547 Riizarhaarl, NY 119(11 (631) 369-8200 Property Owner(S): the same. as applicant Surveyor: John C. Ehlers 6 East Main Street Riverhead, NY 11901 (631) 369-8288 Engineer: Joseph Fischetti 1725 Hobart Road Southold, NY 11971 (631) 765-2954 Attorney_: Charles R. Cuddy, Esq. P.O. Box 1547 -Riverhead, NY 11901 (631) 369-8200 12.Has an application for subdivision ever been filed for this property? If so, please indicate when and whether or not approval was granted by the Planning Board. Yes 13. Has a pre-submission conference been held with the Planning Board? If so,provide date. -February 28, 2005 1 T. Has the owner/applicant met with Land Preservation? If so, provide d«te. No 15. Is any part of the property in agricultural use? Yes 16:Is there an existing or proposed sale of development rights on the property? No 1 17.Does the owner Ovn any adjacent properties? If so, please indicate the properties by S CTM#. No 18..Are there any building permits currently pending on this property? If yes, please provide permit number(s).No 19.The site will be serviced by the following special districts or utility companies: Fire District 1125 Post Office Orient School District 4l2 Water N/A 20. Has I IPA or Keyspan been notified of the proposed subdivision? If so, please provide proof that service will be provided. No 21. Please indicate the type of open space proposed and how it will be managed? 10.51 acres will be used for farming purpose. managed by .current owner 22. Are there any existing structures on the property? If so, please indicate the type of structure and its use(s). Will these structures remain, be removed or altered? Frame barn use for storage of agriculture equipment and it will remain on the property (farm field 23. Based on the parcel yield and the affordable housing requirement of the Town Code, how many Moderate Income Family Dwelling Units are proposed? If the number that will be built is less than 25% of the yield,please indicate how you intend on satisfying the requirement. None 24. Application completed by [ ] owner ] agent [ other Signature of Preparer Date h// 1. 2 05 Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics Prohibits conflicts of interest on the part of town officers and employees. The.purpose of this form is to provide information which can alert the town of possible . conflicts of interest and allow it to take whatever action is necessaKy to avoid same. Your Name: Keith Scott Mjortnn last name,first name,middle initial - unless you are applying in the name of someone else or. other entity, such*as a company. If so, indicate the other person's or company's name. Nature of Application: (Check all that apply) ,Tax grievance Building Variance Trustee Special Exception Coastal Erosion Change of zone Mooring Subdivision Plat K Planning Site Plan Other(Please name other activity) Do you personally(or through your company, spouse, sibling,parent or child)have a relationship with any ofi'cer or employee of the Town of Southold? "Relationship includes by blood,marriage or business in.erest. `Business interest"means a business,including a partnership,in which the town officer or F'mployee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. Yes No X. If you answered"Yes"complete the balance of this form and date and.sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant)and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse,sibling;parent or child is(check all that apply): A.the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B.the legal or beneficial owner of any interest in a noncorporate entity(when the applicant is not a corporation); C. an officer,director,partner or employee of the applicant;or D.the actual applicant Description of Relationship: Submitted this _ /� da yof ° 0 Signature MorPrintName Ke Scott t�&oYn' S KEITH SCOTT MORTON 25 East 86"' Street New York, NY 10028 I, Keith Scott Morton, the owner of the property identified as SCTM# 1000- 25-4-11.6, located in Orient, New York, hereby authorize Charles R. Cuddy, Esq. to act as my agent and handle all necessary work involved in the subdivision process with the Southold Town Planning Board . Keith She tt Morton Swor to before me this 13 day of 2005. Nota Public MARILYN VAUCHN Notary Public, State Of New York No. 01 VA5052781 Qualified In Nassau County Commission Expires Dec. 4, 2005 .,� Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/22/05 Transaction(s): Reference Subtotal 1 1 Application Fees 25-4-11. $500.00 1 1 Park& Playground 25-4-11. $7,000.00 Check#: 1397-8 Total Paid: $7,500.00 Name: Orchard, Street Farm Cons. Subdiv Clerk ID: LYNDAB Internal ID:25-4-11.8 y MAILING ADDRESS: PLANNING BOARD MEMBERS P.O.Box 1179 JERILYN B.WOODHOUSE o��F SO!/rypl Southold, NY 11971 Chair Q 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 ��COUI►m,��' Southold, NY 1�11' Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM , RECEIVED NOV 2 1 2005 To: Elizabeth Neville, Town Clerk From: Planning Department Southold Town Clerk Date: November 21, 2005 Re: Chock(s) Enclosed herewith Ware the check(s) listed below. Please return a receipt to us. .Thank you. Project Name Project Type SCTM # Amount Check# Orchard Street Farm Conserv. Sub. 25-4-11.8 $7,000.00 1397 P & PFee $500.00 1398 Final Plat Appl. Fee enc(s). ti y PART 1--PROJECT INFORMATION Prepared by Project Sponsw NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment: Please complete-the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2.and 3. It is expected that completion of the full EAF will be.dependent on information currently available'and will not involve new studies,, research or investigation. If information requiring such additional work is unavailable,so indicate and specify each instance. Name of Action Orchard Street Farm—Conservation Subdivision Location of Action (include Street Address, Municipality and County) n/w corner of King Street, Orient, Town of Southold, County of Suffolk Name of Applicant/Sponsor Keith Scott Morton Address 25 East 85th Street City/PO New York State NY Zip Code 10028 Business Telephone (212) 88 —6643 Name of Owner(f different) the same as aDDI i rant Address City/PO State Zip Code Business Telephone Description of Action: The applicant wishes to subdivide 15.51 acres into three (3) residential lots pursuant to the Town Con.serva.tioa Subdivision requirements. AP A 1 8 2005 'Pleats C®mplete Each Que6tion-4ndicate N.A. 6f not-applicable A. SITE-DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use:E]Urban LJ Industrial Commercial R Residential (suburban) - Rural (non-farm) EForest El Agriculture Other 2. Total acreage of project area: ..1 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 0 acres 0 acres Forested 0 acres acres Agricultural (Includes orchards, crop land,.pasture, etc.:), 1I-51acres 12.409 acres Wetland (Freshwater or tidal`as per Articles 24,25 of'-ECL) 0 acres 0 acres Water Surface Area 0 acres 0 acres Unvegetated (Rock, earth,or fill) acres acres Roads, buildings and other paved surfaces 0 acres 1.5 acres Other (Indicate type) landscaping 0 1.6 acres acres 3. What is predominant soil type(s) on project site? loam & gravel; silty loam a. Soil drainage: Well drained 100 % of site Moderately well drained % of site. Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? m IA acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? Yes FX] No a. What is depth to bedrock NSA (in feet) 5. Approximate percentage of proposed project site with slopes: �0-1 O''o 100% i0- 15%' % 15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? � i Yes Fx� No. 7. Is project substantially contiguous to a site listed on the,Register of.National Natural Landmarks? Yes �No 8, What is the depth of the water table? 10-15' (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? 71 Yes No 11 Does project site contain any species of plant or animal life that.is identified as threatened or endangered? Yes j No 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? MV ®Yes No Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? Yes EINo If yes, explain: 14, Does the present site include scenic views known.to be important to the community? Yes QNo 15. Streams within or contiguous to-project area: None a. Name of Stream and name of River to which it is tributary N/A 16; Lakes, ponds, wetland areas within or contiguous to project area: s None b. Size (in acres): N/A 17. Is the site served by existing public utilities? X Yes No a. If YES, does sufficient capacity exist to allow connection? X Yes No b. If YES, will improvements be necessary to allow connection? Yes No 18. Is.the site located in an agricultural district certified pursuant to.Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Yes No 19. Is the site located in or substantial) contiguous to a Critical Environmental Area designated pursuant to.Article 8 of the ECL, and 6'NYCRR 617? El Yes No 20. Has the site ever been used for the disposal of solid.or hazardous wastes? El Yes No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous.acreage owned or controlled by project sponsor: 15.51 acres. b. Project acreage to be developed: 15.51 acres initially; 3. 103 acres ultimately. c. Project acreage to remain undeveloped: 12.409 acres. d. Length of project, in miles: N/A (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. N/A f: Number of off-street parking spaces existing 0 proposed 6 g.. Maximum vehicular trips generated per hour: _ 2_4 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately 3 i. Dimensions (in feet) of largest proposed structure: 35 height; 40 width; 60 length. j. Linear feet of.frontage along 'a public thoroughfare project will occupy is? 316.57 ft. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? N/A tons/cubic yards. 3. Will disturbed areas be reclaimed Yes R No N/A To facilitate construction .of the proposed improvements. b. Will topsoil be stockpiled for reclamation? RYes No c. Will upper subsoil be stockpiled for reclamation?, ®Yes E No 4. How many acres of vegetation (trees, shrubs, ground covers) will'be removed from site? N/A acres. 5. Will any mature forest(over 100 years old)or other locally-important vegetation be removed by this project? E] Yes No 6. If single phase project: Anticipated period of construction: 12-18months, {including demolition) 7. If multi-phased: a. Total number of phases anticipated NSA (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 E No 8. Will blasting occur during construction? E]Yes E x]No 9. Number of jobs generated: during construction 10 ;'after project is complete 0. 10. Number of jobs eliminated by this project __Nollp , 11. Will project require relocation of any projects or facilities? Yes No If yes; explain: 12. Is surface liquid waste disposal involved? Yes XX No 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?.0 Yes No Type ;_'Septic,.-- System 14. Will surface area of an existing water body increase or decrease by proposal? Yes No If yes, explain: I 9 15. Is project or any portion of project located in a 100 year flood plain? Yes �No s 18. Will the project gene;ate sold weste? .Yes ,No a. If yes, what is the.amount per month? 0.6 tons b.. . If yes, will an existing solid waste facility be used? ®X Yes M No �` solid.waste is picked up by private carters . c. If yes, give name Unknown location *Unknown d. Will any wastes not go into a sewage-disposal system or into a sanitary landfill? Yes 1 No e. If yes, explain: Materials removed from waste stream for re—use or recycling.. 17. Will the project involve the disposal of solid waste? E]Yes No a. If yes, what is the anticipated rate of disposal? N/A tons/month. b. If yes, what isxhe anticipated site life?. N/A years. 18. Will project use herbicides or pesticides? 9Yes M No lawn care 19. Will project routinely produce odors (more than one hour per day)? Yes X No 20. Will project produce operating-noise exceeding'the local ambient noise levels? E]Yes XNo 21. Will project result in an increase in energy use? -1 Yes' n No If yes, indicate type(s) Electric home use 22. If water supply is from-wells, indicate pumping capacity 7.8 gallons/minute. 23. Total anticipated water usage per day 900 gallons/day. 24. Does project involve Local,.State or Federal funding? Yes No If yes, explain: BB6& 25. Approvals Required: Type Submittal Date City, Town, Village Board Yes No Mr City, Town, Village Planning Board Yes No Conservation subdivision approval City, Town Zoning Board El Yes ,No Subdivision approval City, County Health Department O Yes No Other Local Agencies 0Yes X No Other Regional Agencies D Yes No State Agencies Yes 177 No Federal Agencies Yes No G. .Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? E]YesEl No If Yes, indicate decision required:. Zoning amendment Zoning variance ® New/revision of master plan Subdivision Site plan Special use permit ®Resource management plan Other 2. What is the zoning classification(s) of the site? R-8 0 3. What is the maximum potential development of the site if developed as permitted.by the present'zoning? Seven (7) lots 4. What is the proposed zoning of the site? N/A 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N/A 6. Is the-proposed action consistent with the recommended uses in adopted local land use.plans? Yes ®' No 7. What are.the predominant land use(s) and zoning classifications within a %< mile radius of proposed action? i Residential t s 8. Is the proposed action compatible with adjoining/surrounding land'uses-with a '/a mile? Yes No 9. If the proposed action is the subdivision of land, how many lots are proposed? Throe a. What is the minimum lot size proposed? 1, acre ` 10. Will proposed action require any authorizations) for.the formation of sewer or water districts? El Yes t No 77-7 1 1. Will the proposed action create.a demand for any community provided services (recreation, education, police, fire prot ce ction? E]Yes r No a. If yes, is existing capacity sufficient to handle projected demand? Yes No I 12. Will the proposed action result in the generation of traffic significantly above present levels? Yes No a. If yes, is the existing road network adequate to handle the additional traffic, ®Yes F7 No D. Informational Details Attach any additionai information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures.which you propose to mitigate or avoid them. E. .\/erifocation I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Keith Scott Morton Date Signature _ Title Owner If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment.. PLANNING BOARD MEMBERS MAILING ADDRESS: OF soar P.O.Box 1179 JERILYN B.WOODHOUSE �►� y� Southold, NY 11971 Chair - OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS N Q 54375 State Route 25 MARTIN H.SIDOR '� • O GEORGE D.SOLOMON �� Aar (cor.Main Rd. &Youngs Ave.) 'roufm Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: November 21, 2005 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt.to us. Thank you. Project Name Project T pe SCTM # Amount Check# Orchard Street Farm Conserv. Sub. 25-4-11.8 $7,000.00 1397 P & PFee $500.00 1398 Final Plat Appl. Fee enc(s). MAILING ADDRESS: PLANNING BOARD MEMBERS ��OF so�ryo Southold,ox 1179 11971 JERILYN B.WOODHOUSE O l� Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex KENNETH L.EDWARDS � 54375 State Route 25 MARTIN H.SIDOR O (cor.Main Rd. &Youngs Ave.) GEORGE D'.SOLOMON I�CQU �� Southold, NY Telephone: 631 765-1938 Fag: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: June 7, 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# Orchard Street Farm Conserv. Sub. 25-4-11.8 $1,200.00 1349 Appl. Fee enc(s). K CONSERVATION �o o Orchard , , sStreet ��\ N S Proposed Nb7° -4O F L.,.a TO Fire e 3750 O C L I.0 Existing in } - [ W f C SUBDIVISION ML-" � sC L °� I r Well a� 6 6 6 ,E septic 00 Ova OOO 0 01• 3fl �� O p �a NO pNN�I►I, - fl@�o o�ag o�OO� aQ_ "ORIC...HARD STREET FARM" -2 -0 OC = IN 73 aAT ORIENT A S L �➢9��5��5r� weu or formerly CL of: I 8 co co �_ c�0 Cana n I J Land now enson 1�83°�00"E ° rri �1 3 0 TOWN OF SOUTHOLD Robert W• 5Of 74ba' 7 4g'00"E 122. ° rn 'P 3� W!//q or fo J58�1 42'20"E' I g`% O O o Fi/e n L en2 mey zen�e� TY NEW YORKS OLK COLT�T -_ x IO I 1; Pt;� 7 of. x I� I _ SCpHs e;r now Or formerl x' \ 10 Land Reeves, Jr 0 �— X MAP NUMBER Ro rJoGe �. Reeves xI I \� SUFFOLK COUNTY TA 1000-25-4-11.8 � �T� w t e/th or f \� Keymap CERTIFIED TO: I xI I OI � Scott M'»e�� I = 600 KEITH SGOTT MORTON � /�� Land now or formerly of: z x I cPl Ew '"� orlt n of. NOTES: / / Ann N. Latham xl I O I x °26'30"� x PROPERTY ZONED A5 R-80 �' Ii N8122'Q4 N 5-1 bb 1 / x �I t Test Holes b : Sea Level Mopping T`(FIGAL FLOT FLAN AREA = 675,6ci5 sf or 15.512 ACRES x o II dated: 2/17/01 pp 9 not to scale I (�ii Test Nole><I I I xx I Na7 40 40"E 314^22' MAP AMENDMENTS: Land now or ;o"h r of• I AreQ o i Test Hole # I Test Hole # 2 Arhtur I�• 1� Building m e1. 17.5' a wife el. 16.0' ROAD April II, 2005 x I June 2d, 2005 o I Tom,loll T�p loll Jul 5, 2005 July Icf, 2005 ' __. 0 0' � forme La rly of: I 582°26,30::WQ O• 3 3 nd now or c��O R 9 O er T. Foster, r .v h ° I I I N i x o be Nilex n e xi ti g Lot I house —y W II Area = 13.4cfcf Acres , _! Goservation Area = 12.45d Acres �� eu Building Area = 1.040 Acres �6�Q�Q b°vG1 � l 04 curl 0 6• I HEREBY CERTIFY THAT THE WATER SUPPLY(5) AND/OR 5EWA6E DISPOSAL 5Y5TEM(5) 9ep1-40 tscp s"d sell FOR THIS PROJECT WERE DE516NED BY ME' OR UNDER MY DIRECTION. BASED UPON A Land now ors`+D°rmer4ly of° ° I I3.66' a b we I I r N8� 40'40"E � N L. Tabo 14.5'water 13' water CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND GROUND WATER CONDITIONS, ALL Gory n F• Tabor u)u e I. 3.0' LOTS, A5 PROPOSED,CONFORM TO THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES Mauree/_rc_ p4„ d n Ground wound ''1 1 I 5 O Water water CONSTRUCTION 5TANDARD5 IN EFFECT AS IOF THIS DATE. ^ a d in sand in sand T S H I 142 N - -- - - - -- -- - -lr O gravel gravel 4xl tl g 17' 17' 11 W IIQi now or form ht F 211.��' o del' N ------------------------------------- LonFdi,40rd J. Wr9 ht Nb4°17'30" v C /^� I J05EPH F15CHETTI P.E. DATE 4C �G m 7�F1CAL ^ELL Glare A. 9 i ��, �� ^ „ N ! 1 Lot 2 rS �\O r`o EXISTINOtEs OELL SGaIes TO ' I O y�X� Arco = 1.006 Acres ;� �� ' r' BE USED FOR DOMESTIC WELL SYSTEMS ' �pAy pers9GDNT1t V ' C r FINISHED GRADE L - SEF71 G SYSTEM :;)r=TA I L ° FOR 4 BEDROOM RESIDENCE BST STORAGE U, N8s ° `� 00 TANK NOT TO SCALE O Lond now or formerl N Z I HER W HEREBY CERTIFY THAT THI5 MAP AS MADE BY US FROM ACTUAL SURVEYS F. Kln fir' °o?' J p CAST IRON FRAMES COMPLETED NOVEMBER IggB AND THAT ALIL CONCRETE MONUMENTS 5HOWN THUS: F-evo�abl GROUND WATER e rust 16? W ,°® O ry�/O / AND COVERS TO 6RADe HEREON ACTUALLY EXIST AND THEIR PO51TfION5 CORRECTLY 5HOWN AND © o/ ; SUBPUMPBLE ALL DIMEN51ONAL AND GEODETIC DETAILS ARE CORRECT. 685W �' b"FLAT CONCRETE COVER Zo 5 GALLONS �61NlIAD2 GI.IS I'TO&RARE PER MINUTE Y� Q O fo merl y ;'M„ MASON NIMIEYS s A"".t• ., ..,'n.. ---.— ------ ------------------- mMCI •- 6"MIN.G n n w o © sa" 'x Ge of• t� 0 �^,r° „ .., •`+�. I - � �� M NI PER FOOT b^ ,IZ^ I. 13.0 HN G. EHLERS N.Y.PL.5. LIG # 50202 ►� / MUM PITCH 0� tJ MIN.4"DIA. 18 I/8"PER P i,/ p� O ,.t;` PIPE 1_ 00T MINIMUM PITCH /r Q • a MIN.4"DIA.PIPE ®®® f © Sl Ory B® ... y'' " - ry1;� - 4•MIN. 1000 GALLON ° c `N8Q° , MONOLITHIC -0 / MINIMUM ,' SIDE WALL ±" 40- y SEPTIC TANK Nm , AR�TIVE . 316 5T too 'Suet b EDE �, : •a1i1 O A S' s REMOVE IMPERVIOUS SOIL WITHIN c 3'HORIZONTALLY AND b'VERTICALLY. "Unauthorized alteration or addition to a survey BAGKPILL WITH GLEAN MATERIAL. 4 map bearing a licensed land surveyor's seal is a 3'MINIMUM SEPARATION FROM violation of section 7209• sub-division 2, of the SeASONAL H16H GROW WATCR New York State Education Law." SEASONAL HIGH "Only copies from the original of this survey GROUND WATER t marked with an original of the land surveyor's stamped seal shall be considered to be valid true copies" SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES TABLE OF AREAS "Certifications indicated hereon signify that this survey was oreoared in accordance with the ex- Hauppauge,New York TOTAL AREA = 15.512 ACRES istiing Code of Practice for Land Surveys adopted 00116 TO BE PRESERVED = 12.45G ACRES by the New York state Association of Professional Land Surveyors. Said certifications shall run only .20% LEFT FOR DEVELOPMENT = 3.053 AGRE5 to the person for whom the survey is prepared. and on his behalf to the title company, governmen- !LOT I BUILDING AREA = 1,040 ACRES tal agency and lending institution listed hereon, and This is to certify that the proposed Realty Subdivision or Development to the assiginees of the lending institution. Certifica- for in the LOT I TO BE CONSERVED = 12.45G ACRES bons are not transferable to additional institutions with a total of lots was LOT 2 AREA = 1.006 AGRE5 or subsequent owners" approved on the above date.Water Supplies and Sewage Disposal II.OT 3 AREA = 1.007 ACRES Facilities must conform to construction standards in effect at the time of construction and are subject to separate permits pursuant to those standards. This approval shall be valid only if the realty subdivision/development map is duly filed with the County Clerk within one year of this date.Consent isI hereby given for the filing of this map on which this endorsement appears in the Office of the County Clerk in accordance with provisions of,the Public Health Law and the Suffolk SANITARY SYSTEM DESIGNED BY: JOHN C. EHLERS LAND SURVEYOR County Sanitary Code. JOSEPH FISGHETTI, PE 1725 HOBART ROAD VTTO A.IVIINEI P.E. 56OUTHOLD,N 11g71 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 Director,Division of Environmental Quality GRAPHIC SCALE 1 "=100 ' RIVERHEAD, N.Y. 11901 0 100 200 300 369-8288 Fax 369-8287 1\BP SERVER\9pr0s\98-267.pr6198-267 conserv_sub.pro l/Iq/2005 11:41AM \\HP SERVER\F roe\q8-2(6l. ro\g8-261 conserv_eub ro