HomeMy WebLinkAbout1000-19.-1-14.9 & 14.10
OLD MAIN ROM OLD MAIN RO.V OLD MAIN ROAD
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I 1 - e---- s 20 RIOH,. OF WAY CROSSROADS ATLANTIC, LLC LLC
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\146 Op05f° Pt, O n
x 18 ,V "E" 0 TOWN OF SOUTHOLD
, ' No t°p A SUFFOLK COUNTY, NEW YORK IRK
14.3 rx 5- " w. 5 iafi S.C. TAX No. 1000-19-01-14.9 t.9
14.5
L °1 Pa S~ No• 1000-19-01-14.10 t.10
, PC) G-° SCALE 1 "=100'
H I' ' ' 1 ° > AUGUST 23, 2005 1 rn
xe ~1 °sf° N APRIL 23, 2007 TOPOGRAPHICAL SURVEY & BOUNDARY SURVEY ;Y SURVEY
JANUARY 7, 2009 UPDATE SURVEY
' FEBRUARY 12, 2009 ADDED METES & BOUNDS FOR ZONING BOUNDARY BOUNDARY LINE
4. 4.1 - APRIL 6, 2012 UPDATE SURVEY 13.9 COT i
RESERVE AREA L TOTAL AREA = 1,153,563 sq. ft. 1 145,925;s§. ff. 26.482 ac.
,tea , . 330 ac.
o-~erui-~a,~ raz No. 100
10.4 ca '
Co CERTIFIED TO: • CROSSROADS ATLANTIC, LLC
NOTES: 1 a' 1125 '"~0, ' 00 STEWART TITLE INSURANCE COMPANY ANY
1. PORTION OF LOT IN R-80 ZONING USE DISTRICT = 597,598 sq. ft (13.719 ac.) Zb0' FARM CREDIT EAST, ACA
PORTION OF LOT IN R-200 ZONING USE DISTRICT = 555,965 sq. ft. (12.763 ac.) 'Z`//,,,=- 9„ IT'S SUCCESSORS AND/OR ASSIGNS ~ SIGNS
2. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM : EXISTING ELEVATIONS ARE SHOWN THUS: bg.26b J%fl
EXISTING CONTOUR LINES ARE SHOWN THUS: --------------5--------------- 10,7
,
10.3 0
' TEST HOLE
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SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES HAUPPAUGE, N.Y.
BUILDINGS - x1-2 : 6
i
Date n
I , I ~xl~Rl'
5.9x `
1 I x.5.6 '•';7 WTu
X 65
This is to certify that the proposed Realty Subdivision or Development E• 7
in the ~10~ F `NP '1 ii•0 lAl VILN"'oal~lon for
with a total of lot was ~5 ~'(0 1 ! , ae NoW'''~
approved on the above date. Water Supplies and Sewage Disposal I~ RG ,1'0~ I I xn Faclllities must conform to construction standards in effect at the time s, 1 a \ 51; j 9
\ 1 0, x~ of construction and are subject to separate permits pursuant to those 5
standards. This approval shall be valid only if the realty subdivision/ N development map is duly 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 1 B
accordance with the provisions of the Public Health Law and the Suffolk County Sanitary Code. 11 I i
TEST HOLE DATA 42
(TEST HOLE DUG BY Mc00NALD GEOSCIENCE ON FEBRUARY 9, 2007) All
EL 10.1' oca ,l 100 DARK BROWN Law OL 7 x 5.1 ALZ
p ~ ~ 1 W 53 ~ T-3 IUD
Vita A. Minei, P.E. L 1 x BROWN SILT ML 7 '
Director, Division of Environmental Quality a"Y1 1, ryaE OF F I lP
BROWN FINE TO COARSE SAND SW
BY 7~
X y25' THIS IS TO CERTIFY THE SUBDIVISION PLAN HAS BEEN APPROVED ° f '
BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION 24 zT W 1111 1'I / '1
OF APPROVAL DATED LO o as 1 1 0, N
WATER IN BROWN FINE TO op, AL j L COARSE SAND SW I I, ,
1 x ~~o W THE EXISTENCE OF RIGHT ,L AND/OR EASEMEN R :NCE OF RIGHT OF WAYS kSEMENTS OF RECORD, IF
NaN oj1's ANY, NOT SHOWNTAREFNO SHOWN ARE NOT GUARANTEED.
CHAIRMAN PLANNING BOARD 14. I'
a Y.po' ( P~" 01EW ~0 I HEREBY CERTIFY THAT THIS A Y THAT THIS MAP WAS MADE
11E BY US FROM ACTUAL SURVEYS iUAL SURVEYS COMPLETED
h e dVL p101E STAIN NpcP APRIL 4, 2012 AND THAT ALL AND THAT ALL CONCRETE
MONUMENTS SHOWN THUS:, AL I ACTUALLY EXIST AND THEIR PO iWN THUS: ¦ HEREON AND THEIR POSITIONS ARE
TYPICAL SEWAGE DISPOSAL SYSTEM CORRECTLY SHOWN AND ALL D VN AND ALL DIMENSIONAL
(NOT To SCALE) AND GEODETIC DETAILS ARE C( ETAILS ARE CORRECT.
HOUSE TOP BURIED 4' DEEP max. FINISHED GRADE
PRECAST REINFORCED CONCRETE COVER CAST 24"dia. IRON LOCKING, COVER TO GRADE WATERTIGHT 8 INSECT PROOF FINISH GRADE
BURIED I' DEEP min. 2' DEEP max. iANCE WITH THE MINIMUM
MIN. 4' dia. 20"min 20"min MIN. 4" dia. STANDARDS I FOR TITLE SURVEYS AS ESTABI D APPROVED ADO SURVEYS AS ESTABLISHED APPROVED AND ADOPTED
PITCHED 1 4P1' PITCHEDEI/B"PIP /E' „ - N OR SUCH USE BiNTHE NEW YORKSTATE O TITLE ASSOCIATION. HE NEW YORK STATE LAND
n AV- INVERT u m INVERT If OF 1%SIV
.m E =6 `qty CAF COO
3 FLOW , BAFFLE BOTTOM
I hereby certify that the water supply(s) and/or sewage disposal system(s) for this project z y
were designed by me or under my direction. Based upon a careful and thorough study of z / the soil, site and groundwater conditions, all lots, as proposed, conform to the Suffolk County
A Department of Health Services construction standards in effect as of this date. r`
SEPTIC TANK (1) vuxlYCraa 2 0( 67
1. MINIMUM SEPTIC TANK CAPACITIES IS 1,000 GALLONS. 14 50467
1 TANK; B' LONG, 4'-3" WIDE, S'-Y DEEP s ml^ 2. CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 3,000 psi AT 28 DAYS. wuut
3. WALL THICKNESS SHALL BE A MINIMUM OF 3", A TOP THICKNESS OF 5' AND A BOTTOM THICKNESS OF 4". Nathan Taft s ALL WALLS, BOTTOM AND TOP SHALL CONTAIN REINFORCING TO RESIST AN APPUED FORCE OF 300 pal. Nathan I aTt C~
4. ALL JOINTS SHALL BE SEALED SO THAT THE TANK IS WATERTIGHT. `1 1 1 1 M 5. THE SEPTIC TANK SHALL BE INSTALLED AT LEVEL IN ALL DIRECTIONS (WITH AWN. TOLERANCE OF 31/4' f YMYw RxaAtlaN aft Corwin III
ON A MINIMUM J" THICK BED OF COMPACTED SAND OR PEA GRAVEL xm AMN $ TA Land Surve B. A 10' min. DISTANCE BETWEEN SEPTIC TANK AND HOUSE SHALL BE MAINTAINED. u a auW NW axw. Surveyor
ern UNAUTHORIZED ALTERATION OR ADDITION nu w,mu TO a 3 GROUND WATER TO THIS SURVEY IS A VIOLATION OF arWi swp Axp aYVa. 5. SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW.
COPIES OF THIS SURVEY MAP NOT BEARING
THE LAND SURVEYOR'S INKED SEN. OR Successor To: Stanle J. Isaksen, Jr. i y J. Isaksen, Jr. L.S. h A. Ingegno L.S.
LEACHING POOL EMBOSSED SEAL SHALL NOT eE CONSIDERED Joseph A. Ingegno L.S. - Site Plans - Construction Layout
1. MINIMUM LEACHING SYSTEM IS 300 Yq fl SIDEWALL AREA Title Surveys - Subdivisions - Site Plans - 2 POOLS; 8' DEEP, 8' dia. CERTIFICATIONS INDICATED HEREON SHALL RUN Fax (631)727-1727
2. LEACHING POOLS ARE STRUCTURES, TO BE CONSTRUCTED OF AECASr REINFORCED CONCAEfE (DA EOIML) ONLY IS TO PREPARED THE , AND PERSON ON HIS FOR WHOM BEHALF THE TO THE SURVEY PHONE 631)727-2090 F LEACHING SOLD DOMES AND/OR SLABS TITLE COMPANY, GOVERNMENTAL AGENCY AND MAILING ADDRESS
3. ALL COVERS SHALL E BE OF PRECAST REINFORCED CONCRETE (OR EQUAL). LENDING INSTITMON LISTED HEREON, AND OFFICES LOCATED AT 4. A 10' min. DISTANCE BETWEEN LEACHING POOLS AND WATER LINE SHALL BE MAINTAINED. TO THE ASSIGNEES OF THE LENDING INSTI- 1586 Main Road P.O. Box 16
5. AN 8' min. DISTANCE BETWEEN ALL LEACHING POOLS SHALL BE MAINTAINED. TUITION. CERTIFICATIONS ARE NOT TRANSFERABLE Jamesport, New York 11947 Jami Jamesport, New York 11947
6. AN B' min. DISTANCE BETWEEN All LEACHING POOLS AND SEPTIC TANK SHALL BE MAINTAINED.
V)
0
UJ Andrew M. Cuomo
U
0 NEW YORK STATE 5 z Governor
New York State Office of Parks, Rose Harvey
Commissioner
Recreation and Historic Preservation
Division for Historic Preservation
P.O. Box 189, Waterford, New York 12188-0189
518-237-8643 April 10, 2014
aP� �
Alyxandra Sabatino
Town of Southold Planning Department
PO Box 1179
Southold, New York 1]971
Re: SEQRA
Crossroads Atlantic Conservation Subdivision
32400 Main Road
SOUTHOLD, Suffolk County
14PR01308
Dear Ms. Sabatino.-
Thank you for requesting the comments of the Office of Parks, Recreation and Historic
Preservation (OPRHP). We have reviewed the project in accordance with the New York State
Historic Preservation Act of 1980(Section 14.09 of the New York Parks, Recreation and Historic
Preservation Law). These comments are those of the Division for Historic Preservation and relate
only to Historic/Cultural resources. They do not include potential environmental impacts to New
York State Parkland that may be involved in or near your project. Such impacts must be
considered as part of the environmental review of the project pursuant to the State Environmental
Quality Review Act(New York Environmental Conservation Law Article 8)and its
implementing regulations (6 NYCRR Part 617).
Based upon this review, it is the OPRHP's opinion that your project will have No Impact
upon cultural resources in or eligible for inclusion in the State and National Register of Historic
Places.
If further correspondence is required regarding this project, please be sure to refer to the
OPRHP Project Review(PR) number noted above.
Sincerely,
.1-7-2
Ruth L. Pierpont
Deputy Commissioner for Historic Preservation
An Equal Opportunity/Affirmative Action Agency 0 printed on recycled paper www.nysparks.com
a
Andrew M. Cuomo
0 NEWYORK STATE z Governor
New York State {office of Parks, Rose Harvey
Commissioner
Recreation and Historic Preservation
Division for Historic Preservation
P.O. Box 189, Waterford, New York 1 21 88-01 89
518-237-8643 April 10, 2014
Aly Sabatno
Town of Southold, Planning De ��P '
pt
PO Box 1179
Southold,New York 11971
Re: SEQRA
Residential Subdivision
1050 Greton Court, Mattituck
SOUTHOLD, Suffolk County
14PRO 1023
Dear Ms. Sabatno:
Thank you for requesting the comments of the Office of Parks, Recreation and Historic
Preservation (OPRHP). We have reviewed the project in accordance with the New York State
Historic Preservation Act of 1980 (Section 14.09 of the New York Parks, Recreation and Historic
Preservation Law). These comments are those of the Division for Historic Preservation and relate
only to Historic/Cultural resources. They do not include potential environmental impacts to New
York State Parkland that may be involved in or near your project. Such impacts must be
considered as part of the environmental review of the project pursuant to the State Environmental
Quality Review Act(New York Environmental Conservation Law Article 8)and its
implementing regulations (6 NYCRR Part 617).
*% +t%'-'t t-r'�U �4- fia- e'1�o 'iripact
"-)PJ?"D's o i"-on Lila Yu I Pt qukwt -111 1 V, L Based upon this rex ;ew, it is the oil W
r & 0i
upon cultural resources in or eligible for inclusion in the State and National Register of Historic
Places.
If further correspondence is required regarding this project, please be sure to refer to the
OPRHP Project Review(PR) number noted above.
Sincerely,
aMPDXIVI*
Ruth L. Pierpont
Deputy Commissioner for Historic Preservation
An Equal Opportunity/Affirmative Action Agency 0 printed on recycled paper www.nysparks.com
Project Status Report for Conservation Subdivisions
Project MLdLoc4+ F L.
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,SBA Declsicn-- - _
Sketch Application Dates
Pre-Submission Conference SEQRA Determination
Sketch Application Received SC Planning Commission Referral L '4
licabon Fees Paid SC Planning Commission Comments
ERSAP Submitted Fire De agment Referral �--
Yield Plan Submitted Fire Department Comments
r rck-u 2.
Concept Design Determined `�,-� Engineer Conference �
Fire Department Comments Sketch Plan Submission
SEQRA Coordination Conditional Sketch Approval
Landscape Plan NA Sketch Approval
Soil Conservation PlankA e rrcka
Final Pl -_ p� Da months ]at 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 NYSDOTIDPW 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 Amoval
I Final Road Maintenance Agreement Final Approval
Park and Pla -ground Fee Paid Map Endorsed by Chair
Conservation A reement LWRP Consistent Review
Fin at Map oufin jq;
Tax Assessors
Building Department
Land Preservation
Highway Department
Additional Notes:
MAILING ADDRESS:
PLANNING BOARD MEMBERS so P.O. Box 1179
DONALD J.WILCENSKI Southold, NY 11971
Chair OFFICE LOCATION:
WILLIAM J.CREMERS Town Hall Annex
C/1 _NC
PIERCE RAFFERTY 54375 State Route 25
JAMES H_RICH III (cor.Main Rd. &Youngs Ave.)
MARTIN H.SIDOR %v4_COUNVI Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
March 11, 2014
Nancy Marshall, Esq.
Biondo & Hammer, LP
P.O. Box 5030
Montauk, NY 11954
Re: Conditional Sketch Approval for the Proposed 80/60 Co'nservation Subdivision
for Crossroads Atlantic, LLC
Located on the s/s/o State Route 25, approximately +/-3,200.' e/o Narrow River
Road, in Orient
S,CTM#1000-19-1-14.9 & 14.10 Zoning District: R-80/R-200
Dear Ms. Marshall:
The Southold Town Planning Board, at a meeting held on Monday, March 10, 20141
adopted the following resolution:
WHEREAS, this 80/60 Conservation Subdivision proposal will subdivide an R-80 and R-
200 split zoned 26 acre parcel into 2 lots; where Lot 1 equals 23 acres of preserved
agricu ltural land u pon which Development Rights were sold to the Town of Southold on
January 6, 2009 and Lot 2 equals 3 acres. Proposed Lot 1 includes 0.92 acres of
unbuildable land (0.02 ac of wetlands and 0.9 acres of a DEC Access Easement along
the west side of the property); and
WHEREAS, on October 9, 2013, the agent submitted a Sketch Plan Application and 5
prints of the Sketch Plan; and
WHEREAS, on November 4, 2013, the Planning Board, at their Work Session, accepted
the application as complete with items to be submitted, found that the application meets
all the requirements-for an 80/60 Conservation Subdivision and, as such, allowed for a
retroactive 80/60 Conservation Subdivision. The Board also agreed to waive the
Existing Resource Site Analysis Plan, Yield Plan and Primary and Secondary
Conservation Area Plan as Development Rights have been sold and the Board cannot
affect lot placement; and
WHEREAS, on November 12, 2013, referrals were sent out to all applicable agencies
and the Planning Board initiated a coordinated review pursuant to SEQRA; and
Crossroads Atlantic, LLC T
Pqge�� wo March 11 2014
-
WHEREAS, on November 25, 2013, the agent submitted all items requested at the
November 4, 2013 Work Session; and
WHEREAS, on February 10, 2013, the Planning Board, at their Work Session, reviewed
all referral responses and all items submitted; and
WHEREAS, on February 24, 2014, the Planning Board, at their Work Session, found
that the applicatio n meets all of the requirements of Sketch Plan review pursuant to
§240-10 of the Southold Town Code; be it therefore
RESOLVED, that the Planning Board hereby waives the requirements of Town Code
§240 to submit the Yield, ERSAP and Primary and Secondary Conservation Plans; and
be it further
RESOLVED, that the Southold Town Planning Board hereby grants Conditional
Sketch Plan Approval upon the map entitled "Sketch Plan Prepared for Crossroads
Atlantic, LLC , dated August 23, 2005 and last revised April 6, 2012, prepared by
Nathan Taft Corwin, 111, Land Surveyor with the following conditions:
a. Submission of all Final Plat requirements pursuant to §240-20 Submission and
§240-21 Technical Requirement of the Southold Town Code;
b. The Final Plat must be amended to show the 50' right-of-way extending from the
Main Road (S.R. 25) split in half, 25' to provide access to Lot 1 and 25' to provide
access to Lot 2 (farm lot);
c. Submission of Draft Covenants and Restrictions (a template will be provided by
the Planning Department); and
d. Administration Fee pursuant to §240-37 of the Southold Town Code.
Note that specifics regarding map changes, content of the Covenants and
Restrictions, other legal documents and, submission requirements needed for
subdivision approval wi ll be provided to the applicant by the Planning Board
upon completion of the environmental review and receipt of comments from other
involved agencies. The applicant is advised that design changes may be required
prior to Final Plat Approval.
If you have any questions regarding the information contained in this resolution, please
contact the Planning Board Office.
Very truly yours,
10"
Donald J. Wilcenski
Chairman
New York State Office of Parks, Recreation and Historic Preservation
Historic Preservation Field Services Bureau
-mew AMA's I Peebles Island Resource Center,PO Box i8q,Waterford,NY 121188-0189(Mail) (518)237-8643
Delaware Avenue,Cohoes 12047 (Delivery)
Rev. 5-05
PROJECT REVIEW COVER FORM
Please complete this form and attach it to the top of any and all information submitted to this office for review.
Accurate and complete forms will assist this office in the timely processing and response to your request.
This information relates to a previously submitted project. if you have checked this box and noted the previous Project
Review(PR)number assigned by this office you do not need to
PROJECT NUMBER PR contnue unless any of the required i nfoTmab on below h&S
changed.
COUNTY
If you have checked this box you will need to
2.This is a new project. complete ALL of the follcraing in1cffmalion.
Project Name
Location off,.�A OO
You MUST include street number,street name and/or County,State or Interstate route number if applicable
'
City/Town/Village Tooi(-\ Sc>\-' ( A
� � -1 L�_±
List the correct municipality in hitch your project is being undertaken. If in a hamlet you must also provide the name of the town.
county incl�,�ted-
If your undertaking*covers multiple communifies1counties please attach a list defining all municipalitiesicounties
TYPE OF REVIEW REQUIRED/REQUESTED (Please answer both questions)
A. Does this action involve a permit approval or funding,now or ultimately from any other governmental agency?
ElNo Q Yes
if Yes,list agency name(s)and permit(s)/approval(s)
Agency involved Type of permitlapproval State Federal
v\ PC
asN YA J El
El El
B.Have you consulted the NYSHPO web site at**http /Iny s P a rks.st ate-nv.us X-11
to determine the preliminary presence or absence of previously identified cultural L�Oes F1 No
resources within or adjacent to the project area? If yes:
Mpally Was the project site 6r partially included within an identified Yes No
archeologically sens�§vearea? Yes 19..No
Does the project site involve or is it substantially contiguous to a property listed or recommended
for listing in the NY State OT National Registers of Historic Places?
CONTACT PERSON FOR PROJECT
Name Title ckn(vc
Firm/Agency C)\Yr\- —0 t LX y STATE Zip
Address cit
E-Mail
� �°� � �.� :.�� .��� �u���.
Phone Fax
**http://nvsparks.state.nv.us then select HISTORIC PRESERVATION then select On Line Resources
The Historic Preservation Review Process in New York State
In order to insure that historic preservation is carefully considered in publicly-funded or permitted
undertakings*, there are laws at each level of government that require pro jects to be reviewed for
their potential impact/effect on historic properties. At the federal level, Section 106 of the National
Historic Preservation Act of 1966 (NHPA) directs the review of federally funded, licensed or permitted
projects. At the state level, Section 14.09 of the New York State Parkst R ecreation and Historic
Preservation Law of 1980 performs a comparable function. Local environmental review for
municipalities is carried out under the State Environmental Quality Review Act (SETA) of 1978.
regulations on line at:
http://nysp arks.state.n US then select HISTORIC PRESERVATION then select Environmental Review
Project review is conducted in two stages. First, the Field Services Bureau assesses affected
properties to determine whether or not they are listed or eligible for listing in the New York State or
National Registers of Historic Places. If so, it is deemed "historie' and worthy of protection and the
second stage of review is undertaken. The project is reviewed to evaluate its impact on the
properties significant materials and character. Where adverse effects are identified, alternatives are
explored to avoid, or reduce project impacts; where this is unsuccessful, mitigation measures are
developed and formal agreement documents are prepared stipulating these measures.
ALL PROJECTS SUBMITTED FOR REVIEW SHOULD INCLUDE THE
FOLLOWING MATERIAL(S).
Project Description
Attach a full description of the nature and extent of the work to be undertaken as part of this project.
Relevant portions of the project applications or environmental statements may be submitted.
[D Maps Locating Project
Include a map locating the project in the community. The map must clearly show street and road
names surrounding the project area as well as the location of al'I portions of the project. Appropriate
maps include tax maps, Sanborn Insurance maps, and/or USGS quadrangle maps.
Photographs
Photographs may be black and white prints, color prints, or color laser/photo copies; standard (black
and white) photocopies are NOT acceptable.
-If the pro ject involves rehabilitation, include photographs of the building(s)
involved. Label each exterior view to a site map and label all interior views.
-If the i-o'ect involves new construction, include photographs of the surrounding area looking
r)r c S1
ntit from e projec si e. n&u e photographs of any buildings (more than 50 years o d) that
out from th
are located on the project property or on adjoining property.
NOTE: Projects submissions will not be accepted via facsimile or e-mail.
*Undertaking is defined as an agency's purchase, lease or sale of a property, assistance through grants, loans or
guarantees,issuing of licenses, permits or approvals, and work performed pursuant to delegation or mandate.
New York State Office of Parks,,Recreation and Historic Preservation
Historic Preservation Field Services Bureau
Peebles Island Resource Center,, PO Box 189,,Waterford, NY 12188-0189 (Mail)
Delaware Avenue,,Cohoes 12047 (Delivery)
Project:
Crossroads Atlantic LLC
Suffolk County Tax Map Number:
1000-119-1-14.9
Project description:
This 80/60 conservation subdivision proposal will subdivide a R-80 and R-200 split zoned 26 acre parcel
into 2 lots; where Lot 1 equals 23 acres of preserved agricultural land upon which Development Rights
were sold to the Town of Southold on January 6.,2009 and Lot 2 equals 3 acres-. Proposed Lot 1 includes
0.92 acres of unbuildable land (0.02 ac of wetlands and 0.9 acres of a DEC access easement along the
west side of the property).
Lot 1 is proposed to be developed with a single family residence. No improvements are proposed for
Lot 2 which is currently in agricultural use.
Figures:
1. USGS Quadrangle
2. Project Location Aerial Map
3. Proposed Subdivision Plat
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MAILING ADDRESS:
PLANNrNG BOARD MEMBERS P.O.Box 1179
DONALD J.WILCENSKI Southold� ',� " ' NY 11971
Ch
air
OFFICE LOCATION:
WILLIAM J.CREMERS Town Hall Annex
PIERCE RAFFERTY - 54375 State Route 25
JAMES H.RICH III ' (cor.Main Rd. &Youngs Ave.)
MARTIN H.SIDOR couffN, Southold,NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN of SOUTHOLD
February 26, 2014
Nancy Marshall, Esq.
Biondo & Hammer, LP
P.O. Box 5030
Montauk, NY 11954
Re: Proposed 80/60 Conservation Subdivision for Crossroads Atlantic, LLC
p Located on the s/s/o State Route 25, approximately +/-3,200 e/o Narrow River
Road, in Orient
SCTM#1000-1 9-1-14.9 & 14.10 Zoning District: R-80/R-200
Dear Ms. Marshall:
The PlanningBoard reviewed the above-referenced application at their February 24,
2014 Work Session and found that the application meets all requirements of Sketch
pursuant to §240-10 of the Southold Town Code. As such, the Planning
Plan review Board will issue a Sketch Plan determination at the March 10, 2014 Public Meeting.
If you have any questions regarding the above, please contact this office.
Very truly yours,
Alyxandra Sabatino
Planner
WORK SESSION AGENDA
SOUTHOLD TOWN PLANNING BOARD
Monday, February 24, 2014
2:30 p.m.
Southold Town Annex Board Room
iRUT—loor, Capital One Bank Building
Applications:
T i d Ca r_ SCTM#: 1000-55-5-2.2
Project name.• y_- _
Location. _�__3585 Youngs Avenue, on the s/w/c/o CR 48 and Youngs Aver Southold
p
Descri tion: _ This amended site plan is for the applicant to conduct motor vehicle and
accessory sales on a previously developed 1.49-acre parcel located in the
_ General Business Zoning District.
Status: Pending -
Action: Review revised Site Plan.-__ _ z
Attachments: Staff Report
_ o►l ows�C & Brown SCTM#: 1 1000-79-7-43.3, 44 & 45 _
Project name: _ I Reszut, S _ _ r
_ _ _- I
Location: j 1720, 1820 & 1930 Leeward DriVe, Southold
p I
Descri tion: This proposed Lot Line Modification transfers 1.1 acres from SCTM#1000-79-7-
44 to SCTM#1000-79-7-44.3 and SCTM#1000-79-7-45. SCTM#1000-79-7-44
will decr
ease in size from 1.1 acres to 0.00 acres; SCTM#1000-79-7-44.3 will �
increase from 1.2 acres to 1.8 acres, and SCTM#1000-79--7-45 will increase
from 1.1 acres to 1.6 acres_
- -- ---
Status. J Pending', -- -
Action: Review referrals.
Attachments: Staff Report __-- _ -- --
roads Atlantic LLC SCTM#: 1000-19-1-14.9 & 14.10
name. _ Cross _ _
Project I -----
Location. The property is located at 32400 NYS Route 25, on the s/s/o State Route 25,
_- aroxir�natly +l_�.,..200' e/o Narrow River Road in Orient.
Description This 80/60 conservation subdivision proposal will subdivide a R-80 and R-200
split zoned 26 acre parcel into 2 lots; where Lot 1 equals 23 acres of preserved
agricultural land upon which Development Rights were sold to the Town of
Southold on January 6, 2009 and Lot 2 equals 3 acres. Proposed Lot 1 includes
0.92 acres of unbuildable land (0.02 ac of wetlands and 0.9 acres of a DEC
access easement along the west side of the Property).
I Status: Pending _ _--
Action: Review for Conditional Sketch A pro al. �-
Attachments: Staff Report - _ -- -
EstateslTu I 1 SCTM#: 1000-22-3-2
Project name. Aries —�-- y-- -- -
Location: at the westerly terminus of a private right-of-way which extends north from
Ka lei h's Court in East Marion _
proposal ro osal is for a standard subdivision of an 11.4-acre parcel into two Cots
Description. p �
where Lot 1 equals 5.7 acres, including 3.3 acres of open space, and Lot 2
equals 5.7 acres, including 3.2 acres of open space, in the R-80 Zoning
District.
Status:_ _� Conditional Preliminary Approval
Action: Review submitted documents.
I Attachments: - Staff Report -- -- - ----- ----- ----
Southold Planning Department Staff Report
Subdivision Application Work Session Review
Date February 24, 2014
Prepared By: Aly Sabatino
1. Application Information
Project Title: Crossroads Atlantic, LLC
Applicant: Nancy Marshall
Date of Submission, 10/9/13
Tax Map Number: 1000-19-1-14.9 & 14.10
Project Location: 32400 Main Road
Hamlet: Orient
Zoning District: R-80/R-200
11. Description of Project
Type of Subdivision: 80/60 Conservation Subdivision
Acreage of Project Site: 26 acres
# of Lots Proposed: 1
III: Action to review
Comments and recommendations from staff and agencies,
IV: Analysis
• January 6, 2009 the Town of Southold purchased a development rights
easement on 23.0 +/- acres of land owned by C.W. Francis & Son, INC.
0 The Planning Board has allowed for a retroactive 80/60 Conservation
Subdivision.
• A park and playground fee is not required for this subdivision because a new
residential lot is not being created.
V: Staff Recommendations
1. The application meets all the requirement of Sketch Plan pursuant to §240-10 of
the Southold Town Code. Recommend for a Sketch Plan and SEQRA
determination at the March 10, 2014 public meeting.
2. The following conditions are recommended to be placed on the Sketch Plan
determination:
a. Submission of all final plat requirements pursuant to §240-20 Submission
and §240-21 Technical requirement of the Southold Town Code.
b. The Final Plat must be amended to show the 50' right of way extending
from the Main Road (S.R. 25) split in half, 25' to provide access lot 1 and
25' to provide access lot 2 (farm lot).
c. Submission of Draft Covenants and Restrictions (a template will be
provided by the Planning Department).
d. Administration Fee pursuant to §240-37 of the Southold Town Code.
i
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex P.O. Box 1179
54375 State Route 25
Southold NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY 11971 * Telephone: 631 765-1938
Fax: 631. 765-3136
COO NOV
,�
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Donald Wilcenski, Chair
BAN 2 4 2014
Town of Southold Planning Board
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: January 24, 2014
Re-. Proposed 80160 Conservation subdivision for Crossroads Atlantic, LLC
SCTM## 1000-19-1-14.9 & 14.10 Zoning District: R-80 and R-200
This 80160 conservation subdivision proposal will subdivide a R-80 and R-200 split zoned 26
acre parcel into 2 lots; where Lot 1 equals 23 acres of preserved agricultural land upon which
Development Rights were sold to the Town of Southold on January 6, 2009 and Lot 2 equals 3
acres. Proposed Lot 1 includes 0.92 acres of unbuildable land (0.02 ac of wetlands and 0.9
acres of a DEC access easement along the west side of the property).
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. Based upon the information provided on the LWRP Consistency Assessment Form
submitted to this department, the proposed action is CONSISTENT with the LWRP, provided
that the below recommendations are required in the subdivision approval.
Policy 2.2 Protect and preserve archaeological resources.
A. Conduct a cultural resource investigation when an action is proposed on an
archaeological site, fossil bed, or in an area identified for potential archaeological
sensitivity on the archaeological resources inventory maps prepared by the New
York state Department.....
1. Conduct a site survey to determine the presence or absence of cultural
resources in the pro,ject's potential impact area.
2. if cultural resources are discovered as a result of the initial survey,
conduct a detailed evaluation of the cultural resource to provide adequate
data to allow a determination of the resource's archaeological
significance.
The area is included and identified as an archeo-sensitive area (MAPINFO GIS-Archeo-
sensitive layer).
The action includes 23 acres of preserved agricultural land (Lot 1) therefore ground
disturbance will be limited to agricultural practices for that area.
Ground disturbance on Lot 2 would be limited to the construction of a single family
residence (less clearing limits). No known archeological sites have been identified on
Lot 2, therefore impacts to potential archeological resources are unknown. It is
recommended that the Board require that a Phase 1A Literature Search and Sensitivity
Assessment be conducted for the area that would be disturbed (grading, excavation).
Public water service is not available for the action. The water supply in Orient is dependent on
a sole source aquifer. To further Policy 5, and protect and improve the water quality and supply
in the area, and protect the water quality of the sole source aquifer, it is recommended that the
following best management practices be required:
1. Require the use of native plants, drought-tolerant plants in landscaping.
2. Prohibit the residential application and use of synthetic fertilizers and
pesticides capable of entering the potable water supply.
a. Require only the use of organic fertilizers where the water-soluble
nitrogen is no more than 20% of the total nitrogen in the mixture.
b. Require a maximum of 1 lb. of nitrogen per 1000 square feet in any one
application, with a cumulative application of no more than 2 lbs. per
1,000 square feet per year.
c. Prohibit the application of fertilizer products from December 1 and April
1.
d. Prohibit the application of lawn fertilizers containing phosphorus,
except for establishment of new lawns, or if data confirms that
phosphorus is required.
Please contact me at (631) 765-1938 if you have any questions regarding the above.
Cc: Alexandra Sabatino, Planner
Ori'Dent Fire District
Board of Fire Commissioners
Joseph Wysocki,Chairman Scott Harris Richard Milligan - Arthur Ruroede.
•Felice Semon,Treasurer Diana Whitsit,Secretary
January 12, 2014
Al andra SabatlnoN14
� JAN 14
y
Planner
P.O. Box 1179
Southold,NY 11971 `�;a;
In Re: Request for Review on Crossroads Atlantic 80/60 Conservation
Subdivision
Dear Ms. Sabatino.
The Orient Fire District is in receipt of your request for review.
The Commissioners of the orient Fire District have no recommendations on
any necessary changes to the proposed Conservation Subdivision as outlined
in your letter with regards to fire department equipment access, emergency
services or other issues that might be concerned or relevant to the application.
Cordially,
Board of Commissioners
Orient Fire District
BC:dw
SCO
TT A. RUSSELL � JADES A. R !C ITER, R.A.
d MICHAEL M. COLLINS, P.E.
SUPERVISOR �,
TOWN HALL - 53095 MAIN ROAD , -
C07 at EV)
TOWN OF SOUTHOLD,NEW YORK 11971
Tel. (631)-765—1560 Fax. (63 i)-765—9015
.A ` ' '. ...._r ate` ti li _la i(�i I ;Y,l!ti
1�:111 ff{ f l:�14�(r'1 .. .
OFFICE OF THE .ENGINEER.
TOWN of SOUTHOLD
Donald J. Wilcenski JAN _ 8 2014 January 8, 2014
s
Chairman - Planning Board
Town Hall, 53095 Main Road
Southold, New York 11971
Re: crossroads Atlantic conservation Subdivision
SCTM #: 1000-19-01-14.9 & 14.10
Dear Mr. Wilcenski:
As per a request from your office, I have reviewed the sketch site Plan prepared by the
office of Nathan Taft Corwin III, Land Surveyor and dated 4/06/12 for the creation of a two lot
conservation subdivision. Please consider the following:
1. A State DOT curb cut Permit must be obtained. The DOT letters found in the Planning
Board file only references the requirement that a State Curb cut is required. A curb cut plan
must be submitted to and approved by the DOT prior to engineering review by this office.
2. With regard to the pending Engineering review performed by this office, we will first be
looking at the proposed drainage required by the DOT curb cut permit to ensure that it meets
the minimum requirements of chapter 236 for Stormwater Management. Additional
Stormwater plan review will be required by this office and it will be conducted prior to any site
improvements such as the construction of driveways and/or the proposed building
construction for the individual lots.
If you have any questions regarding this review, please contact my office.
Sincerely,
James A. Richter, R.A.
COUNTY OF SUFFOLK1110,
�-
4
F
y
Steven Bellone
SUFFOLK COUNTY EXECUTIVE
Department of
Economic Development and Planning
Joanne Minieri
Deputy County Executive and Commissioner Division of Planning
and Environment
December 17, 2013
Town of Southold
54375 State Route 25
P.O. Box 1179i
Southold, NY 11971 DEC 232013
Attn: Alyxandra Sabatino, Planner �M.� ...
Su!_EI'li01d iuw")ii
Subdivision: ros roa 'r ic,p-L ""
Suffolk County Tax Map No.: 1000-19-1.-14.09 & 14.10 (FKA 14.07)
Suffolk County Planning File No.: S-SD-13-04
Dear Ms. Sabatino:
Pursuant to the requirements of Section A 14-24,Article XIV of the Suffolk
County Administrative Code,the above captioned proposed final plat that has been
referred to the Suffolk County Planning Commission is considered to be a matter for
local determination. A decision of local determination should not be construed as
either an approval or disapproval.
Sincerely,
Sarah Lansdale, AICP
Director of Planning
t
Theodore R. Klein
Senior Planner
TRK:cd
H.LEE DENNISON BLDG a 100 VETERANS MEMORIAL HVYY,4th F1 n P.O.BOX 6100 n HAUPPAUGE,NY 11788-0099 s (631)853-5191
i
01,41
f
STATE OF NEW YORK
DEPARTMENT OF TRANSPORTATION
STATE OFFICE BUILDING
250 VETERANS MOF-1''+1 ORIA.L HIGHWAY
HAUPPAUGE, N.Y. 1 1 788-55 1 8
FRANK PEARSON. P.E. JOAN MCDONALD
.ACTING REGI.ONAL DIRECTOR COMI'•'IISSJONER
±J
f
December 2, 2013 -
DEC - 5 2013
Ms. Alyxandria Sabatino
Planner
Town Town of Southold Planning Board Office Planning Borard
P.O. Box 1179
Southold, NY 11971
Your October 12. 2007 S ubnii s si oii
Crossroads Atlantic Subdivision
NY 25, Southold
SCTM 1000-01900-0100-014009 &014010
Formerly our Case No. 07-4 )p
New Case No. 13-40304
Dear Ms. Sabatino:
This is to acknowledge receipt of your submission on the above subdivision application. In order to
work within the right-of-way of NY 25, a NYSDOT Highway work Permit will be required.
We previously reviewed a subdivision submission for this site that presented two (2) residential
parcels instead of the one (1) now shown. All of the comments from our previous letter dated 12/6/07
(attached) are still valid and should be addressed by the applicant/property owner with a resubmission
of plans when they are ready to establish access to-the site from NY 25.
Helpful information may be found on our website at www.dot.ny. oovv. On the NYSDOT A-Z Site
Index select "H", then select Highway Work Permits and then select Policy and Standards for the
Design of Entrances to State Highways. A complete check list of all required plan items can be found
in the manual.
The applicant/property owner should submit one (1) paper copy of the plans and one (1) paper copy
of a submission letter noting that they have addressed all of the previous comments made and one (1)
electronic copy of each of the noted items on a compact disc in pdf format.
Ms.Alyxandria Sabatino
December 2,2013
Page 2 of 2
Review of the subject material is being coordinated by Mr. Mark Wolfgang. He can be contacted at
(631) 952-7973 if you have any questions regarding this matter.
Please send all correspondence to his attention at the above address. In all future correspondence,
please refer to the subject Case Number and County Tax Map number.
Thank you for your cooperation concerning this matter.
Very truly yours,
I
OPKI11\11-AL SIGNED BY
-ShAA A. SPAR
SHAIK A. SAAD, P.E.
Civil Engineer III
Traffic Engineering and Safety
Attachment: Copy of our 12/6/07 Letter
cc: Mr. Peter Harris, Superintendent of Highways, Town of Southold
Mr, Donald Wilcenski, Planning Board Chairperson, Town of Southold
SAS:MDW:mm
S
1�
ti
T
STATE OF NEW YOR K
DEPARTMENT" OF TRANSPORTATION
REGION TEN
250 VETERANS MEMORIAL HIGHWAY
HAUPPAUGE, NEW YORK 1 1 788
www.nysdot.gov
SUE31MAL CHAKRABORTI, RE, ASTRID C. GLYNN
REGIONAL DIRECTOR OOMMISSIONFER
December 6, 2007 F
. f
A �
F
Ms. Dolores Quick >,L� r
Paralegal
Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP
y Y .
PO Box 9398
Riverhead, NY 11901-93 98
Your October 121 2M xubmiss ....
Orient Reserve Subdivision
Rowe 25, Southold
SCTM 1000-0 1 900-0100-01 4007
Our Case No. 07-453P
Dear Ms. Buick:
This is to acknowledge receipt of your submission on the above permit application that was
routed from our residency in Riverhead. In order to work within Right of Way of State Route 25,
a NYSDOT Highway work Pen-nit will be required.
In recent years, many states have employed access management as a major technique to address
conflicts between through traffic and that generated by developments. The goals of access
management are to limit the number of access points, separate conflict points and remove turning
.movements from through traffic. New York State is utilizing this technique to minimize impacts
to State highways, We recommend, therefore, that the site driveway be designed as a shared
access with the neighboring property(s). Also, cross access to this site should be obtained from
adjacent properties. If this is not presently possible, it should be shown on the plans for
implementation as part of future redevelopment.
The submitted plans do not contain all of the information we normally require to commence our
review. Additional items need to be included in the site plans for the work to be performed within
State Road's Right Of Way. We are particularly interested in the site's internal drainage, since
we do not permit runoff from private property onto our State highways. A Maintenance and
Protection of Traffic (MPT) plan must also be provided for work on Route 25. The plans must
also show the following items:
a. All existing and proposed traffic signs (including size and text)
b. All existing pavement markings, curbs, sidewalks
c. All drainage structures, trees, underground / overhead utilities, traffic signal control
devices
d. Any other appurtenances along site's State highway frontage
e. ROW lines, controlled access lines and property lines
f. Distance from each existing and proposed site driveway to each adjacent and opposite
driveway and cross street
g. All existing features to remain or to be demolished, as well as proposed features must
be clearly shown on the plans
We have attached "SITE PLAN REQUIREMENTS CHECKLIST"for the required features to be
included in the plans for your guidance. Please note that all work should be referenced to the
latest NY.SDOT item numbers and specifications.
Please submit four (4) sets of revised plans showing the changes.
Please note that any utility work proposed in State Highway ricrht-of-way will require a separate
application and submission of utility plans to our Maintenance facility at Riverhead. The utility
plans shall include installation and restoration details in addition to Maintenance and Protection
of Traffic plans - all referenced to NYSDOT specification item numbers and the Manual of
Uniform Traffic Control Devices. The applicant may contact Mr. Kevin Matthaei at (631) 727-
1731 for further directions regarding Utilitv 111c,Yh dray work Permit (H.WP� application. The
applicant should be made aware that utility HWP issuance is subject to issuance of the HWP
X A
required for site work.
This permit application should be sensitive to the unique visual and historic setting of the
Long Island North Shore Heritage Area, which runs from the Queens/Nassau County line to
Orient Point, and from Route 25 or 1-495, (whichever is farther south), to Long Island Sound in
the north.
Questions concerning this matter should be directed to Mr. Mark Wolfgang at (631) 952-7973.
Please send all correspondence to his attention at the above address. Kindly refer to the subject
case number and County tax map number in all correspondence.
Thank you for the opportunity to review this development and for your cooperation concerning
this matter.
W40
Very truly yours,
Original Signed By
ShaikA.Saad
SHAIK A. SAAD, P.E.
Civil Engineer III
Traffic Engineering and Safety
M. Mr. Peter Harris, Superintendent of Highways, Town of Southold
t/Ms. Jerilyn Woodhouse Planning Board Chairperson, Town of Southold
Y � g
Ms. Wendy Brodsky, Yong Island North Shore Heritage.Area Planning Commission
SAS:MT:JMN
COUNTY OF SUFFOLK
;rkT
STEVEN BELLONE
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF HEALTH SERVICES JAMES L. TOMARKEN, MD, MPH, MBA, MSW
Commissioner
November 25, 2013
Alyxandra Sabatino
Planning Board
P.O. Box 1179
Southold,NY 11971
RE: Crossroads Atlantic 80/60 Conservation Subdivision
SCTM# 1000-19-1-14.9 & 14.10
Dear Ms. Sabatino:
The Suffolk County Department of Health Services (SCDHS; "Department") has received a
letter from your office dated November 8, 2013 concerning the above-referenced project and does not
have an interest in 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
Zk. Article V1 Application Status:
Our agency has not received an application for the above referenced project as required by
Article V1 of the Suffolk County Sanitary Code. The project sponsor should submit an application to
our agency's Office of Wastewater at the earliest possible date so that a complete technical
assessment of this proposal can be undertaken.
V flubHcH l DIVISION OF ENVIRONMENTAL QUALITY—Office of Ecology
eath
r1worpst Plor-1-ce,N-acto 360 Yaphank Avenue, Suite 213,Yaphank NY 11980(631)852-5750 Fax(631)852-5812
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. 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.
Thank you for the opportunity to review this application. If you have any questions, please feel
free to contact the Office of Ecology at 852-5750.
Sincerely,
. . r
Philip R. de Blasi
Office of Ecology
BIONDO & HAMMER LLP
ATTORNEYS AT LAW
THE PLAZA
POST OFFICE BOX 5030
MONTAUK, NEW YORK 11954
TELEPHONE 631-668-1000
TELEFAX 631-668-3971
GEORGE F. BIONDO e-mail: gbiondo@bhlaw.biz OF COUNSEL:
RICHARD A HAMMER e-mail: a.hammer@bhlaw.biz HARVEY A. ARNOFF
NANCY MARSHAL e-mail: nmarshall@bhlaw.biz
November 22, 2013
� rr
Southold Planning Board
PO Box 1179
Southold, New York 11971
Nov 252013 Uir
Attention: Donald J. Wilcenski, Chairperson
Re: Crossroads Atlantic, LLC subdivision
SCTM#: 1000-19-1-14.9 & 14.10 ( prior Lot#:14.7)
Dear Chairperson Wilcenski and Members of the Board:
In connection with the above referenced matter, and in response to the Planning
Department letter dated November 8, 2013, enclosed please find those Policies of the
Local waterfront Revitalization Program Consistency Assessment Form which we were
requested to complete.
Enclosed please also find a copy of the recorded New York State Department of
Environmental Conservation right-of--way, and a Declaration of Covenants and
Restrictions dated April 22, 1987. As you know, a Grant of Development Rights
Easement and a later Declaration of Covenants and Restrictions were already forwarded
to your attention.
Thank you for your attention to this matter and please call this office if you have
any questions or require additional information.
Very truly yours,
acy Marshall
Encls. as noted
MAILING ADDRESS:
PLANNING BOARD MEMBERS SOP.O.Box 1179
DONALD J.WILCENSKI �`` Southold, NY 11971
Chair ++
OFFICE LOCATION:
WILLIAM J.CREMERS Town Hall Annex
PIERCE R:AFI'ERTY , 54375 State Route 25
JA.MES H.RICH III
(cor.Main Rd. &Youngs Ave.)
MARTIN H.SIDOR ,,
NN� Southold, NY
Telephone: 631 765-1935
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: James Richter, Engineering Inspector
From: Alyxandra Sabatino -`
Date: November 12, 2013
Re: Sketch Plan: Crossroads Atlantic 80160 Conservation Subdivision
Application Name: Crossroads Atlantic 80/60 Conservation Subdivision
Tax Map Number: 1000-19-1-14.9 & 14.10
Location: slsto State Route 25, approx.. +1-3,200' e/o Narrow River Road in Orient
Type of Application:
X� Sketch Subdivision Map Dated: 8/23/05 Last Revised: 4/6/92
Preliminary Subdivision Map Dated:
Final Subdivision Map Dated
Road Profiles Dated:
Road and Drainage Plans Dated:
Other: Bond Estimate Dated:
Site Plan Dated:
Revised Site Plan Dated:
Grading and Drainage Plans Dated:
Other Dated:
Project Description: This 80/60 conservation subdivision proposal will subdivide
a R-80 and R-200 split-zoned 26 acre parcel into 2 lots where Lot 1 equals 23
acres of preserved-agricultural land upon which Development Rights were sold to
the Town of Southold on January 6, 2009 and Lot 2 equals 3 acres. Proposed Lot
1 includes 0.92 acres of unbuildable land (0.02 acres of wetlands and 0.9 acres of
a DEC access easement along the west side of the property).
Please respond by December 12 2013.
Thank you for your. cooperation.
MAILING ADDRESS:
PLANNING BOARD MEMBERS so P.O. Box 1179
DONALD J.WILCENSKI Southold, NY 1.1971
Chair
OFFICE LOCATION:
WILLLAM J.CR,EMERS
Town Hall Annex
FIERCE F� 'FERTY 54375 State Route 25
JCS H.RICH III (cor.Main Rd. &Youngs Ave.)
MARTIN H.SIDOR enu rN Southold NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
November 12, 2013
Ms. Felice Semon
Orient Fire Department
23300 Main Road
Orient, NY 11957
Re: Request for Review on Crossroads Atlantic 80/60 Conservation Subdivision
Located at 32400 NYS Rt. 25, on the s/s/o State Route 25, approximately +/-
3,200' e/o Narrow River Road in Orient
SCTM##1000-19-1-14.9 & 14.10
Dear Ms. Sermon:
The enclosed subdivision application is being referred to you for your comment on
matters of interest to the fire department, including fire department equipment access,
emergency services, and any other issue that may be of concern or relevance to this
application.
Please respond with your recommendations at your earliest convenience.
This 80/60 conservation subdivision proposal will subdivide a R-80 and R-200 split
zoned 26 acre parcel into 2 lots where Lot 1 equals 23 acres of preserved agricultural
land upon which Development Rights were sold to the Town of Southold on January 6,
2009 and Lot 2 equals 3 acres. Proposed Lot 1 includes 0.92 acres of unbuildable land
(0.02 acres of wetlands and 0.9 acres of a DEC access easement along the west side
of the property).
Please contact me at (631)765-1938 if you have any questions.
Thank you for your cooperation.
Sincerely,
C�
Aiyxandra Sabatino
Planner
Encls.: Subdivision Application
Subdivision Plat
PLANNIENG 130ARD MEMBERS 00. MAILING ADDRESS:
4 P.O.Box 1179
DONALD J.WILCENSKI
Southold, NY 11971
Chair
WILLIAM J. CREMERS OFFICE LOCATION:
CA Town Hall Annex
PIERCE RAFFERTY
54375 State Route 25
JAMES H.RICH III MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
November 12, 2013
Mr. Mark Wolfgang
NYS Department of Transportation
250 Veterans Memorial Highway
Hauppauge, NY 11788
Re: Comments on the 80/60 Conservation Subdivision for Crossroads Atlantic
Located on the s/s/o State Route 25, approximately +/-3,200' e/o Narrow River
Road, in Orient
SCTM#: 1000-19-1-14.9 & 14-10 Zoning Districts: R-80 & R-200
Dear Mr. Wolfgang:
The following subdivision plan is being referred to you for comments.
This 80/60 conservation subdivision proposal will subdivide a R-80 and R-200 split
zoned 26 acre parcel into 2 lots where Lot 1 equals 23 acres of preserved agricultural
land upon which Development Rights were sold to the Town of Southold on January 6,
2009 and Lot 2 equals 3 acres. Proposed Lot 1 includes 0.92 acres of unbuildable land
(0.02 acres of wetlands and 0.9 acres of a DEC access easement along the west side
of the property).
If there are any questions, you can contact us at (631}765-1938 between the hours of
86.00 a.m. and 4:00 p.m.
Respectfully yours,
Alyxandra Sabatino
Planner
Enc. Subdivision Map
Subdivision Application
Environmental Assessment Form
MAILING ADDRESS:
PLANTNING BOARD MEMBERS *0 S 0 P.O.Box 1179
DONALD J.WILCENSKI Southold, NY 11971
Chair
WILLIAM J.CREMERS OFFICE LOCATION:
Town Hall Annex
PIERCE RAFFERTY ANC
54375 State Route 25
JAMES H.RICH III (cor.Main Rd. &Youngs Ave.)
MARTIN H.SIDOR Southold, NY
COWN
Telephone-, 631 765-1938
Fax: 631 765-3136
PLANNING ]BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To; Suffolk County Planning Commission
From: Alyxandra Sabatino, Planner
Date: November 12, 2013
Re- Subdivision Application Review:
* Request for Comments pursuant to Section A14-24, Suffolk County
Administrative Code
* SEQR Lead Agency Request
The purpose of this request is to seek comments from your agency, and also to determine lead
agency and coordinate review under Article 8 (State Environmental Quality Review Act-
SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617. Please provide the
following, as applicable:
1. Comments or requirements from the Suffolk County Planning Commission that the
Southold Town Planning Board should take into consideration while reviewing the proposed
project;
2. Issues of concern you believe should be evaluated;
3. Your interest in assuming the responsibilities of lead agency under SEAR.
The lead agency will determine the need for an Environmental Impact Statement (EIS) on this
project. Within thirty (30) days of the date of this letter, please respond in writing whether or
not you have an interest in being lead agency.
The following page contains information pertaining to the project under review. For further
information, please feel free to contact this office.
Southold Town Referral & SEQR coordination Page Two
Planning Board Position:
(x) This agency wishes to assume lead agency status for this action.
Project Name: crossroads Atlantic, LLC 80/60 Conservation Subdivision
Address: The is located on the s/s/o State Route 25, approximately +/-3,200
property
e/o Narrow River Road, in Orient.
Tax Map #: 1000-19-14.9 & 14.10
Requested Action: This 80/60 conservation subdivision proposal will subdivide a R-80
and R-200 split zoned 26 acre parcel into 2 lots where Lot 1 equals 23 acres of
p .
reserved agricultural land upon which Development Rights were sold to the Town of
p g
Southold on January 6, 2009 and Lot 2 equals 3 acres. Proposed Lot 1 includes 0.92
acres of unbuildable land (0.02 acres of wetlands and 0.9 acres of a DEC access
easement along the west side of the property}.
SEQRA classification: { ) Type I
{ ) Type Il
(X) Unlisted
Contact Person: Alyxandra Sabatino
Planner
Southold Town Planning Board
(631) 765-1938
Enclosures:
0 Environmental Assessment Form
4 Site Plan Application Form
0 site Plan(s)
2
MAILING ADDRESS:
PLANNING BOARD MEMBERS P.O. Box 1179
DONALD J.WILCENSKI qf SO Southold,NY 11971
Chair "
OFFICE LOCATION:
wILLLAM J.CR.EMER,S
Town Hall Annex
PIERCE RAFFERTY 54375 State Route 25
JAMES H.RICH III (cox-.Main Rd. &Youngs Ave.)
MARTIN H.SIDOR Southold NY
orou
WN
Telephone: 631 765.1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Suffolk County Department of Health Services
From: Alyxandra Sabatino, Plannert
Date: November 12, 2013
Re: Subdivision Application Review Crossroads Atlantic, LLC 80160
Conservation Subdivision
Request for comments pursuant to Southold Town code §280-131
0 SEQR Lead Agency Request
9 Coordinated Review under SEQR
The purpose of this request is to seek comments from your agency. Please provide the
following, as applicable:
1. Comments or requirements the Planning Board should take into consideration while
reviewing the proposed project;
2. Issues of concern you believe should be evaluated;
3. Your jurisdiction in the action described below; and
4. Your interest in assuming the responsibilities of lead agency under SEQR.
The lead agency will determine the need for an Environmental Impact Statement (EIS) on this
project. Within thirty (30) days of the date of this letter, please respond in writing whether or
not you have an interest in being lead agency.
The following page contains information pertaining to the project under review. For further
information, please feel free to contact this office.
Planning Board Position:
(x) This agency wishes to assume lead agency status for this action.
{ }
This agency has no objection to your agency assuming lead agency status for this
action.
( ) Other (see comments below)
Project Name: Crossroads Atlantic 80/60 Conservation Subdivision
Address: The property is located on the s/s/o State Route 25, approximately +/-3,200'
e/o Narrow River Road in Orient.
Tax Ma p M 1000-19-14.9 & 14.10
Requested Action: This 80/60 conservation subdivision proposal will subdivide a R-80
and R-200 split zoned 26 acre parcel into 2 lots where Lot 1 equals 23 acres of
preserved agricultural land upon which Development Rights were sold to the Town of
Southold on January 6, 2009 and Lot 2 equals 3 acres. Proposed Lot 1 includes 0.92
acres of unbuildable, land {0.02 acres of wetlands and 0.9 acres of a DEC access
easement along the west side of the property).
SEQRA Classification: ) Type I
) Type 11
{X) Unlisted
Contact Person: Alyxandra Sabatino
Planner
Southold Town Planning Board
{631) 765-1938
Enclosures:
0 Subdivision Application Form
0 Subdivision Plan
0 Environmental Assessment Form
MAILING ADDRESS:
PLANNING BOARD MEMBERS Vjf 0 P.O. Box 1179
DONALD J.WILCENSKI op Southold, NY 11971
Chair
OFFICE LOCATION:
WILLIAM J.CREMERS, Town Hall Annex
PIERCE RAFFERTY
54375 State Route 25
JAMES H.RICH 111 01 (cor. Main Rd. &Youns Ave.)
MARTIN H.SIDOR g
i9w Southold, NY
Telephone.- 631 76 5-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
November 8, 2013
Nancy Marshall, Esq.
Biondo & Hammer, LP
P.O. Box 5030
Montauk, NY 11954
Re: Proposed 80/60 Conservation Subdivision for Crossroads Atlantic, LLC
Located on the s/s/o State Route 25, approximately +/-3,200' e/o Narrow River
Road, in Orient
SCTM#1 000-19-1-14.9 & 14.10 Zoning District: R-80/R-200
Dear Ms. Marshall:
The Planning Board reviewed the above-referenced application at their November 4,
2013 Work Session and found the following:
1. This application meets all the requirements for an 80/60 conservation
subdivision pursuant to §240-10 (B) of the Southold Town Code and as such,
the Planning Board has allowed for a retroactive 80/60 conservation
subdivision.
2. The Board has agreed to waive, pursuant to §240-55 of the Southold Town
Code, the Existing Resource Site Analysis Plan, Yield Plan, and Primary &
Secondary Conservation Area Plan, as development rights have been sold
and the Board cannot affect lot placement.
3. The Board has found the application complete pursuant to §240-10 of the
Southold Town Code, with the following items to be submitted:
a. Copies of all covenants and restrictions and easements that have been
placed on the property;
b. Local Waterfront Revitalization Program (LWRP) Consistency
Assessment Form (attached).
111�
Crossroads Atlantic Page Two November 8, 2013
If you have any questions regarding the above, please contact this office.
Very truly yours,
Sab C
Alyxandra Sabatino
Planner
Encl.
Southold Town 2013
TSCTM#-, ' 1000-19-1-14.9 & 14.10
Project name, Crossroads Atlantic, LLC
Location: The property is located at 32400 NYS Route 25, on the §/s/o State Route
25, a ppLoximately +/-3,200' e/o Narrow River Road in Orient.
Description This 80/60 conservation subdivision proposal will subdivide a R-80 and
R-200 split zoned 26 acre parcel into 2 lots; where Lot 1 equals 23 acres
of preserved agricultural land upon which Development Rights were sold
to the Town of Southold on January 6, 2009 and Lot 2 equals 3 acres.
Proposed Lot 1 includes 0.92 acres of unbuildable land {0.02 ac of
wetlands and 0.9 acres of a DEC access easement along the west side
of the property).
I-Status: New Application
Action Review for completeness.
[Attachments: LStaff Report
FProject name- Corazzini, Richard -[-SCTM#: 1000-84-1-32.1
Location- 6245 Cox Lane, CuLch Rgue
...Iescription. This proposed site plan is for a 5,820 s.f. addition to an existing 3,150 s.f.
building for office space and storage on a 6.8 acre parcel in the Ll Zoning
District.
Pending
Status:
Action: Status Up-date
Attachments: Staff Report
Project name: -Tidy Car SC-TM#-. 1000-55-5-2.2
Location: 3585 Youngs Avenue, on the s/w/c/o CR 48 and Youngs Ave., Southold---
Description This amended site plan is for the applicant to conduct motor vehicle and
accessory sales on a previously developed 1.49-acre parcel located in
_Lthe General Business Zoning District.
Status* Pending
Action Status Up-date
Attachments: Staff Report
1000-97-5-4.51
Project name: Mallon Industries, Inc. SCTM#-.
Location: 32845 Route 25, Cutchogue
Description This amended site plan is for the proposed construction of eight (8) land
banked parking stalls located north of the existing parking area (near the
northern property line) on 1.2 acres in the General Business Zoning
D i stri ct.
Status: Pending
Action, Review application for completeness
Attachments: I Staff Report
Soutriold Planning Department Stai r Report
Subdivision Application Work Session Review
Date November 4, 2013
Prepared By, Aly Sabatino
I. Application Information
Project Title: Crossroads Atlantic, LLC
Applicant: Nancy Marshall
Date of Submission: 10/9/13
Tax Map Number: 1000-19-1-14.9 & 14.10
Project Location: 32400 Main Road
Hamlet: Orient
Zoning District: R-80/R-200
11. Description of Project
Type of Subdivision: 80/60 Conservation Subdivision
Acreage of Project Site: 26 acres
# of Lots Proposed: 1
III: Action to review
Application completeness review for a proposed retroactive 80/60 conservation
subdivision.
IV: Analysis
Ite.P
el
47
41
42
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X-k.
41
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qF7. db-IiIi.
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a,' -A MYi ae 4.
.J- b ,l 1.'A
!"'r
Above is the approved subdivision Final Map from December 22, 1986 entitled
"Howard Hoey". This map shows the above referenced property as it is currently
is shown today. Through this subdivision, the following C&Rs were placed on the
property (I have only included the clauses that apply to the Crossroads Atlantic):
o 1. No lot shall be subdivided or its lot lines changed in any manner at any
future date unless authorized by the Town of Southold Planning Board.
o Any subdivision of any part of this tract in the future shall have a map of
the subdivision filled in the Office of the County Clerk.
Soutriold Planning Department Staii Report
o All new driveways on Main Road shall make an angle of at least 70
degrees and preferable 90 degrees with the state road.
o All stormwater runoff resulting from the development and improvement of
this subdivision or any of its lots shall be retained on the site by adequate
drainage structures so that it will not flow out onto the right-of-way Main
Road.
o No new residential structure or sanitary disposal facility shall be
constructed or otherwise located within 100 feet of the upland edge of
Tom Browns Creek and the wetlands adjacent thereto.
o No stromwater runoff resulting from the development and improvement of
the subdivision or any of its lots shall be discharged into the adjoining
body of water or into the tidal wetlands within the parcel.
o A conservation or scenic easement having a minimum width of 50 feet
landward from the upland edge of the tidal wetlands within the parcel shall
be required to insure that no development adverse to the aesthetic quality
of the shoreline will take place along the shoreline.
o The common lot line for lots 1 and 2 shall be modified so that if a road is
constructed within the panhandled of lots 1 it will intersect the State road
at a right angle, as it is evident that the 50 foot wide panhandle of lot I has
been laid out to accommodate a future road.
• January 6, 2009 the Town of Southold purchased a development rights
easement on 23.0 +/- acres of land owned by C.W. Francis & Son, INC.
• The Land Preservation Board required that the following C&Rs be placed on the
property (I have only included the clauses that apply to the Crossroads Atlantic):
o The applicant shall not make application for and seek any relief from the
Town of Southold for the following:
■ Permission to divide the Reserve Area in any manner into more
than one lot, except as provided in Paragraph 3 below
With respect to residential uses on the Reserve Area, permission to
construct any dwelling other than a single-family dwelling and
customary accessory structures, or permission to construct more
than on single family dwelling on the Reserve Area.
o The applicant retains the right to make application for and seek any relief
from the Town of Southold for:
Permission to subdivide the Reserve Area from the
Development Rights Easement Area.
Permission to reconfigure lot lines in order to combine the
Reserve Area with an adjacent lot, provided that such
combination shall not result in increased density or more
than one single-family dwelling within the Reserve Area
described in the metes and bounds description.
o The applicant shall provide for access to the Development Rights
Easement Area over the 57.21' wide x 440.18 long portion of the
Reserved Area beginning at Main Road (S.R. 25) (the "flag pole") or in
the alternative may request permission to subdivision the flag pole into
two access drives.
2
Soutitold Planning Department Star Report
* The applicant is requesting a retroactive 80/60 conservation subdivision.
* Please see the attached Crossroads Atlantic conservation subdivision analysis
form.
* The following table shows all requirements for application completeness:
Required Submitted--
Cover Letter Yes
FS—ubdivision Application Form I Yes
Authorization Letters TYes
Property Deed Yes
Copies of Easements, C&Rs Yes- C&Rs yes from Land Preservation
No- C&Rs from 1986 subdivision No-
DEC easement
Proof the parcel meets Lot Recognition Yes- Lot was created by Planning Board
Approval in 1986.
Part I of the Env. Assessment Form Yes
Application Fee Yes- $850
5 copies of the ERSAP No-N/A
5 copies of the Yield Plan No- N/A
5 copies of the Primary & Secondary No-N/A
Conservation Area Plan
5 copies of the Sketch Plan Yes
LWRP consistency_form No
Table showing buildable area, calculation Yes- shown on Sketch Plan
for yield, affordable housing and open
space/reserved.a-reas. -
V: Staff Recommendations
1 . This application meets all the requirements for an 80/60 conservation
subdivision pursuant to §240-10 (B) of the Southold Town Code. Approve the
applicant's request for a retroactive 80/60 conservation subdivision.
2. In 2009 development rights were sold to the Town of Southold (proposed lot
2) and a reserve area was set aside (proposed lot 1). The ERSAP, Yield Plan,
and Primary &Secondary Conservation Area Plan are not needed because
the Planning Board does not have the ability to affect the placement of lots.
Waive pursuant to §240-56 of the Southold Town Code the ERSAP, Yield
Plan, and Primary & Secondary Conservation Area Plan.
3. The applicant has submitted all requirements for application completeness
pursuant to §240-10 of the Southold Town Code, except the following
a. Copies of all covenants and restrictions and easements that have been
placed on the property
b. Local Waterfront Revitalization Program (LWRP) consistency form.
4. Accept the application as complete with the above referenced items to be
submitted immediately.
3
oldSou Planning Department StaReport
5. Refer the application out to all applicable agencies and coordinate for SEQRA
review.
BIONDO & HAMMER LLIP
ATTORNEYS AT LAW
THE PLAZA
POST OFFICE BOX 5030
MONTAUK, NEW YORK 11954
TELEPHONE 631-668-1000
TELEFAX 631-668-3971
GEORGE F. BIONDO e-mail: gbiondo@bhlaw.biz OF COUNSEL:
RICHARD A HAMMER e-mail: ahammer@bhlaw.biz HARVEY A.ARNOFF
NANCY MARSHAL e-mail: nmarshall@bhlaw.biz
October 8, 2013
Southold Planning Board
PO Box 1179
Southold, New York 11971
Attention: Donald J. Wilcenski, Chairperson
Re.- Crossroads Atlantic, LLC subdivision
SCTM#: 1000-19-1-14.9 & 14.10 ( prior Lot#:14.7) OF
Dear Chairperson Wilcenski and Members of the Board:
In connection with the above referenced matter, enclosed please find a Sketch
Plan Application and Five (5) prints of the Sketch Plan. Because development rights have
already been sold on this property and thus an extensive reserve area and lot placement
have already been established, neither a Yield Map or an ERSAP is being submitted at
this time. It appears that this proposed subdivision falls under both a 75/75 and an 80/60
Conservation Subdivision, and we therefore request that this application be treated as a
retroactive conservation subdivision. Enclosed please find a check made payable to the
Town of Southold in the amount of$850.00 for the application fee.
Enclosed for your review please also find a Grant of Development Rights
Easement and a Declaration of Covenants and Restrictions, both executed by the prior
owner of the property. Enclosed please also find a deed to the property and an
Authorization Letter.
Thank you for your attention to this matter and please call this office if you have
any questions or require additional information.
Very truly yours,
Nancy Marshall
Encls. as noted
MAILING ADDRESS:
PLANNING BOARD MEMBERS P.O. Box 1179
�' '�
DONALD J.WLLCENSKI Southold, NY 11971�'
Chair
OFFICE LOCATICJN:
WILLIAM J.CREMERS Town Hall Annex
PIERCE RAFFERTY 54375 State Route 25
JAMES H.RICH III (car. Main Rd. &Youngs Ave.)
MARTIN H.SIDOR
, ` Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
August 23, 2013
Ms. Nancy Marshall
Biondo & hummer, LLP
P.O. Box 5030
Montauk, NY 11954
Re: Crossroads Atlantic, LLC Subdivision
32400 Main Road, Orient
SCTM#1000-19-1-14.9 & 14.10 Zone: R-80 & R-200
Dear Ms. Marshall:
Please be advised that a Sketch Plan Application is required to process the above-
referenced application. Pursuant to §240 of the Southold Town Code, the Planning Board
does not have the ability to waive the Sketch Plan requirement.
Please submit a completed Sketch Plan Application to the Planning Department at your
earliest convenience.
If you have any questions regarding the above, please contact this office.
Very truly yours,
bq�-
Alyxandra Sabatino
Planner
Encl: Sketch Plan Application
Crossroads Atlantic Preliminary Plat Application
o4aSUF F��,�co
a� G�
F
SOUTHOLD PLANNING DEPARTMENT
Subdivision Application Form - Sketch Approval
APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for
SKETCH APPROVAL for the subdivision described herein.
1- Name of Subdivision Crossroads Atlantic,LLC
2• Suffolk County Tax Map# 1000-19-01-14.9 & 14.10
3• Type of Subdivision Standard
[ ] Conservation k ]
4• Hamlet Orient
5• Street Address/ 32400 Main Road
Project Location
6• Acreage of Site 26.482
7. Proposed Yield 21ots
g- Number of Lots Proposed 2
9• Zoning District R-80 and R-200
10. Date of Submission 8/14/13
11. Please provide the names, addresses and phone numbers for the following
people:
Applicant: Nancy Marshall
Biondo&Hammer LP
PO Box 5 03 0,Montauk NY 11954
668-1000
Sketch Plan Application Form
Agent: Same
Property Owner(s): Crossroads Atlantic,LLC
PO Box 1262
East Hampton,NY 119 3 7
c/o 631-668-1000
Surveyor: Nathan Taft Corwin Surveyors
PO Box 16
Jamesport,NY 119 4 7
631-727-1727
Engineer: -
Attorney: Sames as Applicant
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.
Only initial submission on 8-14-13
13. Has a pre-submission conference been held with the Planning Board? If so, provide
date.Richard A Hammer,Esq.met with Planning Department
14. Does the parcel(s) meet the Lot Recognition standard in Town Code §280-9 Lot
Recognition? Yes X No if"yes", explain how.
Deeded lot
15. Has the owner/applicant met with Land Preservation? If so, provide
date. No-23+acres have development rights easement
16. Is any part of the property in agricultural use? If so, how many acres?23
17. Is there an existing or proposed sale of development rights on the property? Yes
18. Does the owner own any adjacent properties? If so, please indicate the properties by
SCTM#. No
-
2
19. Are there any building permits currently pending on this property? If yes, please
provide permit number(s).
No
20. The site will be serviced by the following special districts or utility companies-
Fire District Orient
Post Office Orient
School District Orient
Water Orient
21. Has LIPA or Keyspan been notified of the proposed subdivision? If so, please
provide proof that service will be provided.. No
22. Please indicate the type of open space proposed and how it will be managed?
Development Rights easement over Agricultural lands
23. 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?
fences and posts as indicated on Map to remain
24. 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 20% of the yield, please indicate how you intend on satisfying
the requirement (see Town Code §240-10 B (2)(c)for options).
N/A
25. Application completed by owner X[ ] agent other
Signature of Pre parer -4a&.VR Date
7
3
SOUthold Plann
am� U"Re�artment
MMMMW
Trans Appli 0 cant
actional Disclosure Form
T'� TOwn Of Southold
and employees. `ode� ���i Prohibits The is conflicts of interest
Purpose of f r to rev' the p Of town
Possible conflicts of inter Provide�nf� ation w officers
st and allow it t take w which can alert the town
whatever action � n�co of
Your fame, r ��at � �v(�]d �;�
� ��Atler�ri�,LLQ
L #,Ernt,middle initial
linle*vs ou al-e aMlYiolg in the
r�� t�`at the other ��rs � name�'�''.�omeone else or other entity such as a company. Ifso,
Nature of Application: (Check al
l that apply)
Subdivision or Re-subdivision x
Other(Please n ty)
ame other activi Site Plan
Do you personably( r through o
+�rx��l oyce Of the Town l� your co-npany,Sp ouse,s 1 b I cng, aren t
So�,t�h�old'? "Relationship ant !� or child)I�ave a relatr`�nslti w"
in Ceres t"karts a b,s y n es including includes by blood, n�a rri p with any Officer or
Ownership of( r ern l d,n a partrtersl�ip�ire whi"ch the age or business interest+
+oyn+er�t by)a corporation in which the town officer or employee has even a"Business
shares. a town oic�r or partial
employee awns rnore than %OF the
Yes---.No x
If You answered"yes 0 C T `� ,
4,�fl j3
complete the balance of this form
_ and date and si '
Name of the person em l�where indicated. _ R
ployed by the Town of Southold �
Title or position of that person
Describe the relationship between yourself(the applicant)
l ne A through D and/or describe iand the town officer or employee.
in the space provided. p Yee• Esther check the
The town officer or emplo ee or
Y his or her souse,sibling, anent
p or child is(check all that ap l
A. the owner of rester p Y)
g than 5�/a of the shares of the corporate stock of the applicant
1 . the legal Or beneficial owne p (when the
applicant is a corporation);
a corporation)a r of any Interest in a nonce
C.an offcer, �orate entity(when the applicant is not
,director+partner or employee of t D. the actual applicant Y he applicant;or
Description of Relationship:
p
Submitted this day of Ort.2o 13
Signature .
Print Name Stefan Q soliev by Nancy Marshall,A
gent
t
Disclosure Form
Authorization Letter
L Stefan Q. Soloviev, President of Crossroads Atlantic, LLC,
hereby authorize Biondo & Hammer, LLP to act as my agent on
the property of SCTM#: 1000-19-1-14.9 & 1=4.�_1.m�So��old, NY
and handle all necessary work involved in the sub'divislan process
with the Southold Planning Board.
Stefan Q. Soloviev
Sworn before me this , day of 06-9bo'l- , 2013
ALANA A VIGiARI
Notary Public, State of New York
LIC.#01VI6249201
Certified in Queens County
Commission Expires 10/03/2015
+r
r 249� Procsad lnU 5478' DRFRTHENT OE ENV I R4NNaNTAL
CONSERVATION
QwTVLvBUFFCLK 13 a 10
D 9 2 D
Made the 7& day of
� Zg99,
between
lei)1959 HOWARD J. HOEY, residing at Main Road, Orient, Now York
15937+ Grantor$ and
Diet• THE PEOPLE OF THE STATE OF NO PORK, acting by and through
1000
ow Thomas C. Jorling, their Commissioner of Environmental
Sect.
91900 Conservation, who has an office at 54 Walt Road, Albany# Now York
Kke 12233»0001, Grantees
14p
P/o Car Grantor, in consideration of N1NZTYwTV0 THOUSAND FIVE
1W
,91
Oo4 HUNDRED AND NO/l00 VOLLMM ($92,500.00), paid by the Grantees,
does hereby grant and release to the Granters, their successors
and assigns, forever,
r All that certain plot, piece, or parcel of land; situate,
* � lying and being at Orient, Town of Southold, County of Suffelke
State of Now York, more pert icularly boundad and described as
f of l,owa t
Reg#nning at a point an the division line of land of Ray
Latham on the west and land of the grantor on the east, said
point being distant the followLng two courses and distances, as
{ measured along said division line, tram a concrete monument set
�. an the southerly line of Main Road, marking the northwesterly
corner of land of the grantort
(1) Routh 10. 241 19" East 128243 fret
(2) South 194 541 SIN East 1379*38 lost
Running thence from said point of be inning, through the
land of the grantor, North 39* Dc 1 00" East 323.00 feet#
North 13* 579 2118 West 329952 feet, and North R3 0 Sg 1 2011 East
M47 fact to land of George and Irving New anj running thence
along land of Newman South 100 331 01" teat 304E toot and
North 614 40' 0910 East 94*67 fset to land of Roy Lethams running
thence along ]rand of Roy Latham South 14' 63' 181' East 91,B5 feet
and Routh 9' 471 140 East 59343 loot to a point an the sharei ine
of Tom brown's CraaR t running thencio a i onq Toga Brown's crook, the
following eleven tie line courses and dista,ncem s
(l) South 83* 190 33" West 39*04 foot
(2) South 001 071 28u Vest 330M feet
(3) Routh 65" 501 4011 W62t M 42 foist '
4 Worth 644 121 3910 Walt 112649 fss ilk i .
(5) North 420
301 301; test. 103#33 toot 4) forth 160 is, 3 710 West 50800 lest JUN I9e9
(7) North 35 Fj 561 0516 West 139 a 3l feat
(0) North 020 301 1 S" West 114 s 99 feet i��l�ii i ' •1x
(0) South 724 311 00" West 93#33 feat
,1 ) North 63 100 2011 West 43.75 feat
11) North 234 16, 441, East 90*17 feat.
to a point on the division line of land of Rohr Latham an the West
and the grantor on the east i running thenoo along maid division
line North 196 54' 3111 West 345.00 feet to the point or place of
beginning,m Containing 8,31 acres, more or less
i
T
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TOGETHER with a right Of way 15 fast in vidth for ingress
andWOOD from lft i n Road (R S IROUTZ I t) Southerly along the
west line of the lands of the grantor to the lands hersby
conveyed 4 for administrative purposes of the Department of
Rnvironzental Conservation only and not for use by the general
public#
T RT IRR with all right# title and interest of the grantor
In and to the bad of Tom Drown's Cresk.
look
56 RUWZCT to rights of others than the grantor in and to Tea
brown's Crook and any covenantap samsments and restrictions of
record.
BRING and Intending to convey a portion of tho lands of the
grantor acquired by him from the fol l ov i ng two sources e
Is Ning 6 portion of the promises described in the
dssd from County of Soffalk to Doris T. Noey
dated Geptember 24, 198 1 and recorded October 1 1991
in Libor 9026 ap 579. The said Doris T. Rosy died an
or about Docamber 7, 1903 and under paragraph I of her
Last Will and Testament which was duly admitted to
probate in Suffolk County an February 21, 1964 the
above described property was devised to the grantor
heroin as part of her residuary estate,
Z. Bring a parcel of malt meadow conveyed to the
grantor by deed from Mary
aret Am Tuthill 4los,
'William D. Tuthill and Kilde lse you Tuthill
dated February B. 1989 and intended to be recorded
prior to the recording of this dead.
TOGETHER with the appurtenances and all the estate, rights
and interest of the Grantor in and to the premints.
TO NhYR AMID TO HOLD 9 the above granted premises unto the
arantess a their successors and assigns forever.
And Grantor covenants with Grantees as follower
RtRSTI That Grantor is moiled of the prem i c e s in tee
j s impl e e and has good right to convey the sates i
dECONDt That the Grantees @hall quietly enjoy the prsmisero
THIRDI That the promises area free from inoumbranceel
FOURTH= That Grantor will execute or procure any further
necessary assurance of the title to the promisos o
P1 M i That Grantor will forever warrant the title to the
promises*
BIXTHI That this convoyance is made subject to the tryst '
fund provisions of section thirteen of the lion law.
i
I
a
i
CIS PROOF OP TNC fact that he makes the above grant and
xelesee and covenants,+ the Gnator harp Mouted this dead tM day
and year first above written,4C
,.
IN PRUENCB OP
4
04 D ORy
STATE OF NSW Y MAll
�
„ • � ae,:
COUNTY O
On We ' day of ;1 in the
year one Thousand Nine Hundred ad Ri hti -Nine before me the
� Y t
subscriber, Personally came, HOWARD J. KOXV, to me known is be the
parson described in and who executed the within instrumento and
acknowledged that he executed a sames
Tb
w0c.., 6 3"J"44,.A4�
Notary PUS1104 at ep
9 'Neu York
FA VILE NIX]
PAWUCIA1.
ele o'New Y
I# th$V11
Record and return tos
re Ricbavd 0# Ryon
Supervisor of Real Property
Region l Headquarters
Department of Rnvircnmental
onseervat i on
Building 40
State University of New York
Stony brooks Now York 11790
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Ibis D,ac1arat2on, made the clay of 19670 by
ib*Drd J. Fivey at Inn 6 I Main Road, or ier.t, Nmp York l l t, 7.
wJTNFSS � 7' H ;;
t.;
MMEM, Howard J. Mey, is the om r in foo siml a of certain
prc�ni Ses -i tukit■r• in r.hr. Ism of %it.hol cl, quf f of k Comt�//, New Yor
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an the Suffolk county 'Tax Map as District 1000, &2ction 019, SICK*
iDt 014,001, and in annexed Schedule "A", and
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M FAMS, ttw S(RIthOl d 'Own Pla m leat] Hmrd, by kasol ution made an t r
. Mtch 24 1986 a �
pprmeA r. :^i nor sul�d ivision of said parcel in threat 3 i IMS1, ..►
as shown on top of Ro&rick Van lbyl, P.C. dated 7=�
, pitamtx, 1992 and
ds October 21 86, and °
1
I F,p.S, the Southold Ibwn Mann* Board approvW said mixx7r
subdiv i�ion st rb=ect to certain Cove _
' � Hants and Restri+ct#�ans, +:o be filed 1 ed in
the Of f i oe of .1s Clerk of the County of Suf folk# �*.
C
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►: WIVr `WVFa;"W'., in mail iano. Sri th tho Refic%lution of said l5ceutMld Al
t:
lea y�
'tbwn planrarxg Board, l*-clarart herein implares that the aforesaid law is
_ r ltield and shall to c mveyeC subject to tlum- f01 1 cming cMOWts W mtrf rtia ,
iJ• which shal I run with the 'Arx.i. -
-
3
Na lot c:msi1 be subdivided or its lot lines dmigW in any n
at any future date• unless authari2ed by the Sautlwl�d P
lannfnq
FL.
. Any on of any part of this tract ih ME f
.•�'� �i ttre shell 1 hm {
a m3p of the sutdivisim filed in the office of the mmty clorko =f,
S-+h• _* All new driveways ,.�.. .._ � s �+s 3�■n' a'd stall made 8n axtgle of at 1mat
a
70 and preferable 90' wft:h the stag ;
4. All roew dAvemys for Icts having f ran+ min 11 -
,,} • hw." a tamromW pravis ion, 9 urcb as a Iaped shunt, so that a vehic l e •,
Y. I esdViN a Iof wi1I #lot have to back out into the traffto straw
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BIN-2647-S Title Report Part 2.tif
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10303 N-Mo
5 t Al l star ter renal F restj l ti,, f ran the devel ant and
irpivvewint of thl ---jubdivi:%ion or any of its lots whal 1 be re ink
an t s i t r- by a d :a to d ra I na e s tr imure s so t hat t t Wi.11 n of f 1 ow
out onto the right-of-uny of Maim Remd.
6. Wj raw re sid+ential stru urc., or witary dispM1 facility s 1l
+, nstru&. or ottystwi.cw. l+c+rnt(-j] within 10 feet of the uplaW �x* of :r
*Rio Brawm Cr4vk am) t hfi wt 1 a nd s w-O n cent then e- f
7. Stoner runoff resut ting f the development and im-
p'maWnt of the Subdivision or and.of Its lets s l l be diS&Arged ifto
the adjoinirkg body of ureter or into the ridal wetlan& wiWn the parcel.
B. A conset'va t i nn or scenic ,}t havi n� a rtiinimum width of
50 feet landward f rcu the and 1 up edgy of thi, tidal wetlands within the .�
parcel shall be rcquirr.d to insure± that no develcpent adverse to the
.Wstht%tYc quality of Ux shoreline will t,axp place along the aht line, �
U. The ccuron lot t ine for LoLs 1 anG 2 shall tp- modif led so ttwt;
if a rcadi is f-cmt.nactevi within tlw, panhandle of Lots ! it will intersect
tN,- 'State road at. ;% r t qht angle, as it is evident that the 50 fovt wig =�
pinh ndl a of I ar 111TS 110on laid nut, t.o a to a f'ttture road.
IN W17NM WHERMF,, the foregoing Declaration has been executed
.'s
tn• HONW J. HOLY, on the day and year f wrritts
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SATE CT :M YC PX ,
r CU'l'Y OF SLWPDLa4 '
w6
On thiA 2 V of road 1987, before re persmally cxree
J. Huey. to ne known a-d known to me to be the persm des=J in who
encuted the for Declarnticn of e. nt ... rfet: and
��4 cans, and he duly ..
acknm- cad t me that he executed the swe
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BW-2647-5 Title Report Part 2.tif
• -'rf
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10303 K566
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r*scriF`lion: 'And of HCMrci 11. Wev
1(106. 191/3 4
Al t that cert.0 in P1 a t s Pi ece. or lx%rc+,] of I and f wj th the but Wimp and
ivrmvcamts thenroon erected, s i t tt ate, lying i r-11.,od, heirq in the Rom of
R=, ldp County of Suffolk and State of w York tllorc, fully eri I
as fot 1r ;
SWIM= at a rx)i n# on t.hn, southprly I i f"r.r ofMmin Road at the north..
v anor i v corner of l 4VA of t rol saki aAd the MrthWftartyr r of t
Pro"' horpin " RUMTWv '10M t d t ri
I*ne of "'t"in RUNit 659 ,feet, more or less, to Jami of meresta
TfOXE alow said lard of Wiriest, rw courses:
-%uth0T1Y hm t* f is a thence
(2) Miste:1v about 40 feet to lard of 1,0thmt thence
then 1 V A l arN sa id 1 anti of l a� mm,, ak {it 69 to feet to jqq 11 Bryn*s Creek
thmxe westerl y a I urq C1W gutters of Brown's Cvo A �r 1
and
o �E at a� int W A i�'s t 0 f frog l �i ink
tkrA% g oar.y al said other I'Mil of fAt rn and aI said l f
rl i, �t 95 NiPt to point of IB I
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BWW-2647-S Title Report Part 2.tif
Schedule A Description
Title Number BW-2647-S Page I
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, State of New York, being bounded and described as
follows:
BEGINNING at a point on the southerly side of Main Road (S.R. 25) distant 3200
feet, more or less, from the intersection of the southerly side of Main Road (S.R..
25) and the easterly side of Narrow River Road, said point being where the
easterly line of land now or formerly of Eleanor C. and Robert E. Webber
intersects with the southerly side of Main Road (S.R. 25);
RUNNING THENCE along the southerly side of Main Road (S.R. 25) South 76
degrees 59 minutes 02 seconds East 57.21 feet to the land now or formerly of
STG Associates Inc.;
THENCE along said land South 18 degrees 24 minutes 19 seconds East 436.51
feet;
THENCE South 77 degrees 14 minutes 10 seconds East 573.44 feet;
THENCE South 20 degrees 33 minutes 01 seconds East 1529.84 feet;
THENCE South 53 degrees 59 minutes 20 seconds West 23.47 feet;
THENCE South 15 degrees 57 minutes 21 seconds East 329.52 feet;
THENCE South 68 degrees 00 minutes 00 seconds West 525.00 feet;
THENCE North 19 degrees 54 minutes 51 seconds West 1379.38 feet;
THENCE North 18 degrees 24 minutes 19 seconds West 1282.23 feet to the
southerly side of Main Road (S.R. 25) the point or place of BEGINNING.
SUBJECT to the Grant of Development Rights Easement dated March 3, 2009
and recorded in the Suffolk County Clerk's Office in Liber 12583 Page 378.
IN
/'
REMDED
Number of p ag a .�u0 tsar 19 03:13:26 PA
Judith A. Pascale
CLERK OF
This document will be public SUFFOLX CVJNW
record. Please remove all L D ►312W
F 379
Social Security plumbers
prior to recording.
Derv!/Mottgago Instrument Deed 1 Mortgage Tax Stump Recording t Ming Stamps
31 FEES .
Mortgage Amt.
Page 1 Filing Fee - 1. Basic Tex
Handling 2, Additimm!Tax .�
TP-384 Sub Total
SpccJAssiL
Notation or
Sub Total S _ - --
EA 52 17(County) ,^. Spec./Add,�
-5217(State) TOT.WON TAX
Duat Town Dual County
R.P.T.S.A. Of
Held for Appointment
010
Comm.of Eel.
5. 00 Transfer Tax
Mansion Tax .�.—
Affidavit
The'property covered by this mortgage is
Certified Copy or will be improved by a ane°or two
a 1 5. 00 family dwelling only. 16
NYS Sur chard — Sub Total
YES or NO
Other - ,,�+�� '-- if NO,sec appropriate tax clause on
Grand Toni 8c# of this i"Strucnem
lava 01900 oioo 014007
4 Ifist. T 5 Cv Pmenatio n ltad
Real P mpefty JME A Consideration Amount
Tat Service "t"AR
AGtricy too CPF Tax Due S
verification Improved
6 Sat i s i ct or t*cha +es`Rcica s List Property Owners Mailing Address Vacant Land
CORD&RETURN TOi
/W Td' , owk) TD
t� TD
&U 7W kk � A1Y 7/ TD
Mail to:Judith A.Pascale,Suffolk County Clerk 7 T1tte Cornpogy Information
310 Center Drive,Riverhead,NY 11901 Co Name t
www.suftotkcountynygoviclerk [Ti:t,e- Endorsement P
This page forms part of the attached f made by:
(SPECIFY TYPE Or'INSTRUMENT)
9 Q A4 Tate premises herein is situated in
SUFFOLK COUNTY,NEW YOR K.
TO In the TOWN of In the VILLAGE
or HAMLETof dglcArtr
BOXES 6 TNKU 9 MUST BE TYPED OR PRINTED rN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
- (ewer)
BW--2647-S Title Report Part 2.tif
5 - y
4 1000
1 0/.D
-SOU940 6ei L 90/0 oi q. -7
0 -7/if
,
DECLARATION OF COVENANTS AND RESTRICTIONS
r W. SU I iz 79111.,tOU Oket V*4 Y01
THLS DECLARATION, made as of this 3rd day of March, 2009, by C,W. FRANCIS&
SON, INC,*, hereinafter referred by as the"DECLARANT ,ANTF, as owner of the premises
designated as SCTM #1000-19-1.14,7 and shown on a survey prepared by Nathan
Taft Corwin III land Surveyor dated August 23, 2005 and last revised February 12,
2009,described in the metes and bounds description attached hereto and made a
part hereof as Schedule"A",and portions of which are separately described as the
"Reserve Area", the"'Development Rights Easement Area"and the"Agricultural
Structure Area', respectively, in the additional metes and bounds descriptions
attached hereto and made a part hereof.
WITH ESSETH :
WHEREAS, DECLARANT is the owner of certain real property situate at 32400
Route 25, Orient, in the Town of Southold, County of Suffolk and State of New York,
(the"Property l; and
WHEREAS., the DECLARANT has granted to Town of Southold (the'Townj a Grant
of Development Rights Easement dated March 3, 2009 over a part of SCTM #1000-
19.1-14.7, designated as the"Development Rights Easement Area"; and
WHEREAS, the remaining portion of SCTM #1000-19-1-14,7 has been designated
by the DECLARANT and the Town Board of the Town of Southold (the"Town
Board'I and the Town Land Preservation Committee CLPC'1)as a "Reserve Area"for
possible future development,,in accordance with applicable zoning regulations and
these Covenants and Restrictions; and
WHEREAS, DECLARANT, the Town Board, the,Planning Board of the Town of
Southold(the"Planning Board'I and the LPC wish to permanently iirnit the number
of dwellings adjacent to the Development Rights Easement Area; and,
WHEREAS, the DECLARANT, the Town Board, thi Planning Board and the LPC
recognize that current zoning would allow for the construction of one single family
dwelling on the Reserve Area; and '
r
BW-2647-S Title Report Part 2.tif
WHEREAS, for and in consideration of the acceptance of the Grant of Development
Rights Easement, the Town Board has deemed it in the best interests of the Town,of
Southold(the"Town") and the owner and prospective owners of the Propprty that
the within covenants and restricUons be imposed on the Property, and as a condition
of the acceptance of the Grant of Development Rights Easerneht, the Town 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
this declaration of covenants and restrictions will be in the interests of the
DECLARANT and subsequent owners of the Property,
NOWe THEREFORE, be It declared as follows:
The DECLARANT,for the purpose of carrying out the intentions above expressed
does hereby make known, admit, publish, covenant and agree that the Property
shall hereinafter be subject to the covenants and restrictions as set forth herein,
which shall run with the land and shall be binding upon all purchasers and holders of
the Property, their heirs, executors, legal representatives, distributees, successors
and assigns, to wit:
1. DECLARANT shall not make application for and seek any relief from the Town of
Southold for the following:
(a) permission to divide the Reserve Area in any manner into more than one
lot, except as provided in Paragraph 3 below;
M with respect to residential uses on the Reserve Area, permission to
construct any dwelling other than a single-family dwelling and customary
accessory structures, or permission to construct more than one single
family dwelling on the Reserve Area.
2. Notwithstanding the restrictions contained in Paragraph I above, DECLARANT
retains the right to make application for and seek any relief from the Town of
Southold for:
(a) permission to subdivide the Reserve Area from the Development Rights
Easement Area;
fib) permission to reconfigure lot lines in order to combine the Reserve Area
with an adjacent lot, provided that such combination shall not result in
increased density or more than one single-family dwelling within the
Reserve Area described In the metes and bounds description attached
and made a part hereof.
BW-2647-S Title Report Part 2.fif
I in any such application set forth in Paragraph 2(a)or(b)above, DECLARANT
shall provide for access to the Development Rights Easement Area over the
57.21'wide x 440.1.8 long portion of the Reserve Area beginning at Main Road
(S.R, 25) (the"flag pole'l or in the alternative, DECLARANT may request
permission to subdivide the flag pole Into two access drives.
4. Except for the right to construct new structures and to construct, maintain and
replace any existing structures, as provided under applicable laws and these
Covenants and Restrictions, DECLARANT hereby grants to the Town of Southold
any other existing development rights on the Reserve Area(and any further
development rights that may be created through a rezoning or transfer of
development rights of the Reserve Area), and DECLARANT agrees that any other
such development rights shall be terminated and extinguished and may not be
used or transferred to any other parcels. Furthermore, no development rights
may be transferred to the Reserve Area from any other lot.
These covenants and restrictions shall be construed to be In addition to and not In
derogation or limitation upon any local., state, and federal laws, ordinances,
regulations or provisions in effect at the time of execution of this agreement, or at
the time such laws, ordinances,, regulations and/or provisions may hereafter be
revised, amended or promulgated.
These covenants and restrictions shall be enforceable by the Town of Southold, by
injunctive relief or any over remedy in equity or at law. The failure of the Town of
Southold or any of Its agencies to enforce same shall not be deemed to affect the
validity of this covenant nor to impose any liability whatsoever upon the Town of
Southold or any officer or employee thereof.
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.
This Declaration is made subject to the provisions of all laws required by law or by
their provisions to be incorporated herein and they are deemed to be incorporated
herein and made a part hereof, as though fully set forth.
This Declaration shall run with the land and shall be binding upon DECLARANT, its
successors and assigns, and upon all persons or entities claiming under them, and
may not be annulled, waived, changed, modified, terminated, revoked or amended
by DECLARANT or any subsequent owners of the premises unless and until
approved by the LPC, and by a majority, plus one vote of the Town Board and the
BW-2647-S Title Report Part 2.tif
Planning Bard, or their legal successors,, following a public hearing.
Notwithstanding the above, no amendment, modification or other change shall be
granted to permit the construction or creation of more than one single-family
dwelling on the Reserve Area.
IN WITNESS WHEREOF,the DECLARANT above named, has duly executed the
foregoing Declaration the day and year first above written.
DECLARANT:
C,W. FRANCIS &SON, INC.
1 Trinkle
STATE OF NEW YORK)
COUNTY OF A'AA )
On the. ..�day of March in the year 2009 before me, the undersigned, personally
appeared William F. Trinkle, personally known to me or proved to me on the basis of
satisfactory evidence to be the individuals whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their capacity,
and that by their signature on the instrument, the Individuals, or the persons upon
behalf of which the individuals acted, executed the instrument, and that such
individuals made such appearance before the undersigned.
Sworn to before me this
4day of March, 2009
Notary Public
rATFUG1 A 1L.rr FAL+�`}LO Ny F
1401ary Pub %F
No.fi ,OIF ., i
ualftie�1� Expireslfatk CiDunty
ornrniApcii 240 02A
BW-2647-S Title Report Part 2.tif
MAR 3 2009
RESER3%.A3EA
ALL that certain plot,piece or parcel of land,situate,lying bLnd being at Odom,Town of Southold,
County of Suffolk,Stale of New York,being bounded and described as follows.-
a(a concrete monument set on the southerly side of Main Road(S-P,25)distant 3200 feet,
more or less,from the intc=don of the southerly side of Main Road(S.R.25)and the easterly side of
Narrow River Road,,said point being where the easterly fine of land now or Fornwrly of Eleanor C.and
Robert E.Webber intersects with the southerly side of Main Road(S.R.25);
.RUNNING THENCE along the southerly side of Main Road(S.R.25)South 76 degrees 59 minutes 02
seconds East 57.21 feet to the land now or formerly of STG Associates Inc.
711WCE Wong said land South 19 degrees 24 Minutes 19 seconds East 436.51 feet;
THENCE South 77 deg=14 minutes 10 seconds East 573."feet:
THENCE Sobib 20 deg ees 33 minutes 01 seconds East,369.21 feet;
THENCE South 69 degrees 26 minutes 59 seconds west,260.00 feet:
THENCE North 20 degrees 33 minutes 01 second West.516.16 feet;
THENCE North 17 degrees 14 n9autes 10 seconds West,320.42 feet;
THENCE North 18 devees 24 minutes 19 seconds West,440.18 feet to the southerly side of Main Road
(S.R.25),the point of place of BEGlIeMG.
BW-2647-S Title Report Part 2.tif
,
F MA -3 2.i:;
NEW YORK METRO
r�4•' 212.922.1593 tax
title InsuranCe company • si"arbi wy(Acom
Title No.: SIM8.02718
AMENDED 3 09
MEYE -PME R TOITS E, S NT
ALL that certain plot,pieca or parcel of land,situate,lying and being at Orient,Town of Southold,
County of Suffolk,State of New Yorks being bounded and described as follows:
REGMG at a concrete monument set on the southerly side of Main Road(S.R.25)distant 3200 feet,
more or less,from the intersection of the southerly side of Main(toad(S.R.25)and the easterly side of
Narrow River Road,said point being where the easterly line of land now or formerly of Eleanor C.and
Robert E.Webber intersects,with the southerly side of Main Road(S.R.25);
RUNNING TH R14CE along the southerly side of Main Road(S.R 25)South 76 degew 59 minutes 02
seconds East 57-21 feet to the land now or formerly of STG Associates Inc.;
THENCE along said land South 18 degrees 24 minutes 19 seconds East 436.51 feet;
THENCE South 77 degmes 14 minutes 10 seconds East 573.44 feet;
THENCE South 20 degrees 33 minutes 01 seconds East 1529.84 feet;
THENCE South 53 degrees 59 minutes 20 seconds West 23.47(cet;
THEKE South 15 degmas 57 minutes 21 seconds East 329.52 feet;
THENCE South 68 degrees 00 minutes 00 seconds West 525.00 feet,
THENCE North 19 degrees 54 minutes 51 seconds West 1379.38 feet to a broken concrete imonument;
THENCE Ndrth 18 depeees 24 minutes 19 seconds west 1282.23 feet to the southerly aide of Main Road
(S.R.25)the point or place of BEGENNING.
EXCEPTING THEREFROM the"Reserved Arce'described as follows:
ALL that certain plot,piece or parcel of land,situate,lying and Ming at Orient,Town of Southold,
County of Suffolk,State of New York,being bounded and described as follows:
BEGIIVNWG at a concrete monument set on the Southerly side of Main Road(S.R.25)distant 3200 feet,
more or less,from the Intersection of the southerly side of Main Road(S.R.25)and the easterly side of
Narrow River Road,said point.being where the easterly fine+of land no'w or formerly of Eleanor C.and
Robert E.Webber iniersects with the southerly side of Main Road(S.R.25);
SW-2647-S Tithe Report Part 2.tif
MAR 3 2009
RUNNNG THENCE along the southerly side of Main Road(S.R.25)South 76 degrees 59 minutes 02
sect)nds Fast 57-21 feet to the land now or formerly of STG Associates Inc.;
THENCE along said land South 19 degrees 24 minutes 19 seconds East 436.51 feet;
THENCE South 77 degms 14 minutes 10 seconds East 573.44 feet;
THENCE South 20 degrees 33 minutes 0 1 seconds East,369.21 feet;
THENCE South 69 depeas.26 ininutes 59 seconds West,260.00 feet;
THENCE North 20 degms 33 minutes 01 second West,516.16 feet;-
TKENCE North 77 degrees 14 minutes 10 seconds West,320-42 feet-
THENCE North 18 degrees 24 minutes 19 seconds West,440.18 feet to the southerly side of Main Road
(S.R.25).the point or place of BEGR4MG.
BW-2647-5 Title Report Part 2.tif
` r aX I ZVVtl 11:GG: t AM PAUL I I VV i r ax .' ulev"ZI
NOTTOBEFORREOgKA770 iAPURPOSES ONLY
ALL da(cerWn Pllc4idece or pu el of land,s tuuta,lying and Wng at Orient,Taws of Southold,County of
Srtt'1'u114�Wc of NeVO Yinik babg bead and described as folio► .
HEOAVh1 G at a conurele'monument set on the Southerly side of Main Road(S.&25)distant 3200 feet
more or les.%from the is ters ecfl on Of the S outharly ode of Main Road S.R, 5)and the Easterly side of
NwTow River Raudl,said,point being whm the Easterly litre of land now or formerly of Fleur C.and
,Robort E.weber fntc rsw s with the Southerly side of Mami Rid(S-k 25);
RUNNING T7MNCE along the Southerly side of Mgn Road'(S.R.25)South 76 degrees 59 ml6tes 02 .
wconds East 7421 feet to tht land now or f6ftedy of STG Associates[nc.;
'F�iENCE along said land South 18 degrees 24 minutes 19 seconds Cast 436.51 feet;
THENCE South 77 dew 14•minutes 10 seconds Fast 573.44 feet;
TRIENCE South 20 dew 33 minutes 01 seconds Wt 329.21 feet to the true point kce of
beg`€�rtin Fa or P -
T10E fm said true point or place.of beginning,South 68 degrees 07 minutes 12 seconds West
562.90 feet;
T ENCE North 19 degrees 54 minutes 51 seconds West 379,38 feet to a broken concrete monument;
THENCE North IS cue 24 minutes 19 se-conds West 92.2.05 feet;
THENCE South 77 dew 14 minutes 10 seconds East,320.42 feet;
VICE South 20 dew 33 minutes 0 t sm' nds East,516.16 feet;
TIC North 69 degrm 26 minutes 59 seconds East,260.00 feet to the ttve point or place of
BW-2647-S Title Report Part 2.tif
4 .
r
Number of page RECX[RDE4
V09 Mai- 19 031131.26 PM
Judith A. Pascale
trt.E�� �
This document will be public � 3
p SUFFOLK COUMV
record. Please remove all L DODOti5-013
Social u i I Security Numbers P 378prior to recording.
`
� G1 1 O8-1 7?k9
Dried/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEE
Page/FilingFez hortgage Amt. --
IL Basic Tax
Handling 00 2. Additional Tax
TP-584 Sub Total
Spec./AssiL
Notation
or
EA-52 17(County) Sub Total Spec./Add.
EA-52I7(State) TOT.MTG,TAX ._._._._
Dual Town.Dual County .
R.PT.S,A. q19Nerd for Appointment
Comm.of Ed. 5. Oa ~t Transfer Tax
Mansion'lac
Affidavit
oe The property covered by this maitgage is
Ceficd Copy ' or will be improved by a one,or two
family dwelling only,
NYS Surcharge 15•04 Sub Total
YES� or NO
Other _. -
Grand Total 1f NO,see appropriate tax clause on
age# of this insiumeni.
--',
4 Dist. Sa 0g00 61 loon 01900 03,00 014010 g CommunityPreeemtfon F:�d
low
ITS
Real Property 11r;MC A Consideration Amount ..
Tax Service
Agency CPF Tax Due
Verification
" T{ Improved '
6 SadSfact onvDlscharges/Releases List Property Owners Mailing Address ,�-
RECORD&RETURN TO; Vacant Land
1�'!+t~t1sSA b0toSAOl
TD
�°a•Bd x 1179 TD
AN 1119-71
TD
Mall to:Judith A.Pascale,Suffolk County Clerk T Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name S7AW4,f-r-
www.suffolkcountyny.gov/clork Tide - L-
8 Surinfox"k Countyet La
This page forms part of the attached Y_ 4 -d
f�� �- made by:
(SPECIFY TYPE OF INSTRUMEN7)
• ' A,(C The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of __ S&MV2 LA
/6 w m 4F- � 1422kt .D_ _ In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
BW-2647-S Title Report Part 2.tif
P7/ D 0
oo�o C/Vocl
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on
the Id day of March, 2009 at Southold,, New York. The parties are
C.W. Francis&Son, Inc., with offices at 305 First Street, SW, Suite
700, Roanoke, Virginia 24011, c/o William F.Trinkle, President
(herein called"Grantor")., and the TOWN OF SOUTHOLD, a municipal
corporation, having its principal office at 53095 Main Road, P.O. Box
1179, Southold, New York 11971 (herein call"Grantee").
INTRODUMON
WHEREAS) Grantor is the owner In fee simple of certain real
property located in the Town of Southold, Suffolk County, New York,
identified as part of SCTM #1000-19-1-14.7 more fully described in
SCHEDULE"A"attached hereto and made a part hereof and
hereinafter referred to as the"Property"and shown on the survey
dated August 23, 2005 and last revised February 12., 2009 prepared
by Nathan Taft Corwin III Land Surveyor(a reduced copy of which is
attached hereto and made a part hereof and hereinafter referred to as
the"Survey"; and
WHEREAS, the Property Is located in the R-80 and R-200 Zoning
Districts of the Town of Southold; and
WHEREAS, the Property contains soils classified as Class I and
Class 11 worthy of conservation as Identified by the United States
Department of Agriculture Soil Conservation Service's Soil Survey of
Suffolk County, New York; and
WHEREAS, the Property is part of the New York State
Agricultural District*1, and the Grantor wishes to continue using the
Property for agricultural production as defined in this Easement; and
WHEREAS, the Property Is currently used for row crops; and
WHEREAS.. It Is the policy of the Town of Southold(the"Town*
as articulated in the Town's Master Plan of 1973, amended In 1986 and
1989 as adopted by the Town Board,,Town of Southold, and §272-a of
the New York Town Law ("Town Law") to protect environmentally
sensltive areas., preserve prime agricultural soils, to protect the scenic,
open space character of the Town and to protect the Town's resort and
agricultural economy; and
WHEREAS, the Property In Its present scenic and agricultural
condition has substantial and significant value as an aesthetic and
agricultural resource since it has not been subject to any development;
and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property Is located, and Grantor
and Grantee have, in common, the purpose and objective of protecting
and conserving the present state and inherent,, tangible and Intangible
values of the Property as an aesthetic, natural,, scenic and agricultural
resource; and
BW-2647-S Title Report Part 2.1
WHEREAS, Grantee has determined it to be desirable and
beneficial and has requested Grantor, for itself and its successors and
asslgns, to grant a Development Rights Easement to Grantee In order
to restrict the further development of the Property while permitting
compatible uses thereof;
NOW rHEREFORE.. In consideration of One MlIllon Seven Hundred
Eighty-Eight Thousand Seven Hundred Twenty Dollars
($1,788,,720.00) and other good and valuable consideration paid to the
Grantor,, the receipt of which Is hereby acknowledged,the Grantor
does hereby grant., transfer,, bargain, sell and convey to the Grantee a
Development Rights Easement, In gross,, which shall b-e binding upon
and shall restrict the premises shown and designated as the Property
herein, more particularly bounded and described on Schedule"A"
annexed hereto and made a part of this instrument.
TO HAVE AND TO HOLD said Development Rights Easement and
I L
the rights and interests In connection with It and as hereinafter set
forth with respect to the Property unto the Grantee, its successors and
assigns forever, reserving, however,, for the direct use and benefit of
the Grantor, its legal representatives, successors and assigns, the
exclusive right of occupancy and of use of the Property,,subject to the
limitatrons,,condition,covenants,,agreements, provisions and use
restriction hereinafter set forth., which shall constitute and shall be
servitudes upon and with respect to the Property.
The Grantor, for Itself, and for and on behalf of Its legal
representatives, successors and assigns, hereby covenants and agrees
as follows:
0.01.,Gy art,or's Warranty
Grantor warrants and represents to the Grantee that Grantor is
the owner oF the Property described in Schedule"A", free of any
mortgages or liens.
M 2 iJ rantee'�i!}taW5
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the
State of New York and Is authorized under 564 of Town Law and §247
of the New York State General municipal Law("General Municipal
Law") to acquire fee title or lesser Interests In land, including
development rights, easements, covenants, and other contractual
rights which may be necessary or desirable for the preservation and
retention of agricultural lands, open spaces and natural or scenic
resources.
The parties recognize the environmental, natural, scenic and
agricultural values of the Property and have the common purpose of
preserving these values. This instrument Is Intended to convey a
Development Rights Easement on the Property by Grantor to Grantee.,
exclusively for the purpose of preserving Its character in perpetuity for
its environmental, scenic, agricultural and natural values by preventing
the use or development of the Property for any purpose or in any
manner contrary to the provisions hereof, in furtherance of federal,
New York State and local conservation policies.
BW-2647-S Title Report Part 2.tif
0.04 Governmentai Recognition
New York State has recognized the Importance of private efforts
to preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of General Municipal Law
§247. Similar recognition by the federal government includes§170(h)
of the Internal Revenue Code and other federal statutes.
0.05 Baseline Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present-uses of the Property are compatible with the
purposes of this Easement. In order to aid in identifying and
documenting the present condition of the Property's natural, scenic,
agricultural, and aesthetic resources and otherwise to aid in identifying
and documenting the Property's agricultural values as of the date
hereof,to assist Grantor and Grantee with monitoring the uses and
activities on the Property and ensuring compliance with the terms
hereof, Grantee has prepared,with Grantor's cooperatlon, an
Inventory of the Property's relevant features and conditions (the
"'Baseline Documentation"). This Baseline Documentation Includes, but
need not be limited to, a survey prepared by Nathan Taft Corwin III
Land Surveyor dated August 23, 2005 and last revised February 13,
2009, an aerial photograph of the Property dated
photographs of the Property taken In March,, 2009 and maps, all on rile
with the Town Land Preservation Department.
.1
Grantor and Grantee acknowledge and agree that In the event a
controversy arises with respect to the nature and extent of the
Grantor's uses of the Property or Its phy'sicall condition as of the date
hereof, the parties shall not be foreclosed from utilizing any other
relevant or material documents, surveys, reports, photographs or
other evidence to assist In the resolution of the controversy,
In consideration of the previously recited facts, mutual
promises,undertakings, and forbearances contained In this
Development Rights Easement., the parties agree upon its provisions,
intending to be bound by It,
ARTICLE ONE
THE EASEMENT
1101TvAe
-
This instrument conveys a Development Rights Easement(hereln
called the"Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and condItlons
recited herein. Reference to this"Easement"or Its"provisions"shall
include any and all of those limitations, covenants, use restrictions,
rights, terms and conditions.
1.02 Definitions
"Development Rights"shall mean the permanent legal Interest
and right to prohibit or restrict the use of the Property for uses or
BW-2647-5 Title Report Part 2.tif
t ti
t
i
purposes consistent with the terms of this Easement, including
agricultural production as that term Is presently referenced In §247 of
' the General Municipal Law and/or defined In Chapter 70 of the Town
Code of the Town of Southold (the"Town ode?j or"'Code"') and
including the production of crops, livestock and livestock,products as
defined in 01(2) a)-(])of the New York State Agriculture and
Markets Law("Agr1cultur+e and Markets Law"), now or as such laws
and/or-Code may he amended. No future restrictions In said laws
and/or Code or limitation in the definitions set forth in said)aws an d1or Code
shall preclude a use that is pe rmItted under the current law and/or Code.
"Improvement"shall mean any addition to raw land, such as
structures, fences, wells or drainage.
i
R
A lding Academy"shall mean a business use olw a lot for any of
p the following purposes: the letting of horses for hire 6 Individuals or
groups whether supervised or unsupervised, horseback riding
instruction or the holding of home shows or other equine events.
"Structure"shah mean anything constructed or erected on or
ender the ground or upon another structure or building, including
walkways. Structures shall not include trellis, fences, posts and wlrlrrg,
farm roads or farm Irrigation systems, nursery mats*or fencing used
in connection with honafide agricultural production, Including without
j limitation fencing to keep out predator animals, including deer.
Approvals for those items listed In the preceding sentence skull be as
required by applicable provisions of the Town Code.
This Easement shall be a burden upon and run with the Property
In perpetuity.
i
This Easement shall run with the Property as an incorporeal
interest in the Property, and shall extend to and be binding upon
Grantor, Grantor's agents, tenants.,occupants.,heirs, personal
representatives, successors and assigns,,and all other individuals and
entitles. The word"Grantors'when used herein shall include all of
those persons or entities. Any rights,obligations, and interests herein
granted to Grantor and/or Grantee shall also be deemed granted to
each and every one of Its subsequent agents,successors, and assigns,
and the word"Grantor"or"Grantee' when used herein shall include all
of those persons or entities,
AaIU;i E T
GRANTORS, for One Million Seven Hundred Eighty-Eight
Thousand Seven Hundred Twenty Dollars ($1,788,720.00) and
such other good and valuable consideration, hereby grant, release,
and convey to Grantee this Easement, in perpetuity, together with all
rights to enforce it. Grantee hereby accepts this Easement in
perpetuity, and undertakes to enforce It against Grantor.
4kRILCLE THREE
i
i
SW-2647-5 Title Report Part 2.tif
PROHIBUED ACTS
From and after the date of this Easement, the following acts,
uses and practices shall be prohibited forever upon or within the
Property:
3.0 IStluctLLres
No structures may be erected or constructed on the Property
except as permitted by the Southold Town Land Preservation
Committee("Land Preservation Committee") and other applicable
provisions of the Town Code and 1.02 and 4.06 of this Easement.
I.02 Excavation and Removal of Mate t& M—�in
The excavating or filling of the Property, except as may be
necessary to construct and maintain permitted structures and
improvements on the Property or In connection with necessary
drainage or soil conservation programs, shall be prohibited, without
the prior written consent of Grantee. Mineral exploitation, and
extraction by any method,,surface or subsurface, Is prohibited. The
removal of topsoil,sand, or other materials shall not take place, nor
shall the topography of the Property be changed, except to construct
and maintain the permitted structures and improvements on the
Property and for purposes of erosion control and soil management,, or
In connection with normal agriculturall/hortIcultural activities, without
the prior written consent of Grantee.
3.03 Sub-division
The Property may not be further subdIvIded pursuant to Town
Law§§265, 276 or 277 or g 335 of the Real Property Lain, as they
may be amended, or any other applicable State or local law.
"Subdivision"shall include the division of the portion of the Property
from which the development rights are acquired Into two or more
parcels, in whole or in part. Notwithstanding this provision, upon the
death of Grantor, the underlying fee Interest may be divided by
conveyance of parts thereof to Grantor"s executor, trustee, heirs or
next of kin by will or operation of law,
3,04-P&Mp Mi
The dumping or accumulation of unsightly or offensive materials
including, but not limited to trash, garbage, sawdust, ashes or
chemIcal waste on the Property shall be prohlbilted, This prohibition
shall exclude materials used In the normal course of-sound agricultural
practices,, Including fertilization.. composting and crop removal.
3.05 aS
The display of signs, billboards, or advertisements shall be
prohibited, except signs whose placement, number, and design do not
sIgniftantly diminish the scenic character of the Property and only for
any of the following purposes: (a) to state the name of the Property
and the names and addresses of the occupants and the character of
the business conducted thereon.. (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)with the consent
BW-2647-S Title Report Part 2.tif
of the Grantor, to announce Grantee's easement. Signs are subject to
regulatory requirements of the Town,
The creation or placement of overhead utility transmission lines,
wires, pipes, wells or drainage systems (#'utilitles")on the Property to
service structures approved pursuant to Section 4.06 shall be
Prohibited without the;prior wrltten consent of the Grantee. The
Property may not be used for the creation or placement of utilities to
service any other properties.
ibited Uses
Except for uses speclfioally permitted by this Easement, the use
of the property or structures on it for any residential, commercial or
industrial uses, permanent or temporary, Including but not limited to a
r1ding academy,shall be prohibited. For the purposes of this s+ecdon,
• agricultural production, as that terra Is presently referenced in 7 of
the Genera I M unfclpat Lave and/or defined In Chapter 70 of the Town
F Code, and Including the production of crops, livestock and Ilvestoc
products as defined to Section 301(2) a - of the agriculture and
Markets Law, now or as such Laws and/or ode may be am ended,
shall not be considered a commercial used Uses,,improvements and
activities permitted by the Town Code now or in the future on
s agricultural lands protected by a development rights easement or
other Instrument, including but not limited to farm stands if they are
permitted In the future, shall not be considered a commerCial use.
o Im provem nts f uses o r activities inconsistent with current or future
I agricultural production shall be permitted an the property.
i
i
�, o air late
i
Any use or activitV that causes or is lately to cause sell
a
degradatlon or eroslon or pollution of any surface or subsurface graters
shall be prohibited. This prohibition shall not be construed as
extending to agricultural operatlons and practices(including r without
nmitation,, the use of agrochemicats such as fertilizers, pesticides,
herbicides, and fungicides) that are In accordance with sound
t
agricultural management practIces.
g Drainage
The use of the Property for a leaching or sewage disposal field
shall be prohibited. The use of the Property for a drainage basin or
t sump small be prohibited., except In accordance with sound agricultural
Management practices and in order to control flcadIng or soil erosion
• on the Property.
3. eveo ment Rights
`• The use of the acreage of this Property for purposes of
calculating lot yield on any other Property small be prohibited. Grantor
hereby grants to Grantee all existing development rights (and any
further development rights that may be created through a rezoning of
the Property) on the property, except for the right to construct,
maintain and replace any pre-existing structures, and to construct new
structures,,as such rights may be provided in section 4.06 or
elsewhere In this Easement, and the parties agree that any other such
1
BW-2647-S Title Report Part 2.tif
C '
C "
Y s •
F
development rights shall be terminated and extinguished and may not
be used or transferred to any other parcels.
r
1RTI LE EQUR
a
i
t
4.01 Owne[g!jip
I Subject to the provisions of ARTICLE THREE, Grantor shall retain
all other rights of ownership in the Property,some of which are more
particularly described in this ARTICLE FOUR.
Grantor shall continue to have the right to exclusive possession
of the Property.
4.03
Y
r
Grantor shall have the right to use the Property in any manner
and for any purpose consistent with and not prohibited by this
Easement as well as applicable local, State,or federal law. Grantor
shall have the right to use the Property for uses, Improvements and
i activities permitted by the Town Code, now or In the future,on
agricultural lands protected by a development rights easement or
Y
other Instrument, including but not limIt+ed to farm stands if they are
permitted in the future,
4.04sc ivlt es
Grantor shall have the right to continue thecurrent and/or
customary modes of landscaping, pruning andgrounds maintenance
on the Property as evidenced by the documentation set forth in
Section O.OS. Grantor shall have the right to remove or restore trees,
shrubs,,or other veg eta tioo when dead' diseased, decayed or damaged
or interfering with agricultural productiorn, to thin and prune trees to
maintain or Improve the appearance of the Property, and to mow the
Property.
4.05 Agrc ltya EroductiorLand ActivigIgs
Grantor shall have the right to engage In all types of agri[cultueal
production as the term is referenced In§ 47 of the General Municipal
Law and/or deflned In Chapter 70 of the Town Code, and Including the
production of crops, livestock and livestock products as defined in
§ o 1( (a)-(I)of the Agriculture and Markets ets Law, now or as such
Laws and/or Code may be amended4 No future restrictions In said Jaws
a nd/Or Code or limitation In the definitions set forth In said laws and/or
Code shall preclude a use that is permitted under the current Law
and/or Code.
Notwithstanding the definition of agricultural production In
Chapter 70 of the Town Code or any successor chapter,structures
shall be prohibited except as set forth in §4.D6 herein and as
" permitted by the Town Code now or In the future on agricultural lands
protected by a development rights easement or other instrument,
1
including but not limited to faun stands If they are permitted an the
future,
a
i
a
BW-2647-S Title Report Part 2.tif
4.0 tructure afl0-Improvemeants
A. Allowable Improvements. Grantor shall have the right to
erect and maintain the following structures and improvements on the
Property, as they may be permitted by tine Town Code now or as same
may be amended and subject to the approval of the Land Preservation
Committee, provided the structures are consistent with and do not
derogate from or defeat the Purpose of this Easement or other
applicable laws:
(i) Underground facilities used to supply utilities solely
for the use and enjoyment of the Property;
(il) Construction of new structures, provided such
structures are necessary for or accessory to
agricultural production; any new construction as
permitted by this 4.06 shall on.ly be located in the
area zoned K80 as of the date of this Easement and
shown on the Survey, and Further described in the
metes and bounds description entitled"Agricultural
Structure Area"attached hereto and made a part
hereof; lot coverage within this Agricultural Structure
Area shall not exceed 2%of the Property;
(iii) Renovation, maintenance and repairs of any existing
structures or structures built or permitted pursuant
to this Section 4.06, provided the primary purpose of
the structure remains agricultural;
(iv) Any improvement excluded from the definition of
„Structure"in Section 1.0 ;
(v) Dirt road located on the westerly edge of the
Property,and a right of way granted to the New York State
Department of EnvIronmental Conservation and recorded
In the Suffolk County., New York Cleric's Office at Liber
10885 page 249,
B. Conditions. Any allowable Improvements shall protect
prime agricultural sollsi ag rlcultura I production, open space and scenic
vistas, and otherwise be consistent with the Purpose of this Easement.
No new construction is permitted outside of the area described in
paragraph 4.46A(li) above,
C, Environmental Sensitivity During Construction. The use and
location of any Improvement permitted hereunder shall be conslstent
with the purposes Intended herein, and constructibn of any such
improvement shall minimize disturbances to the environment.
Granters small employ erosion and sediment control measures to
m tigate any storm water runoff, includ Ing but not limited to minimal
removal of veg etatlono minimal movement of earth and ruin lrnal
clearance of access routes for construction vehicles.
D. Replacement of Improvements. In the event of damage
resulting from casualty loss to an extent which renders repair of any
existing Improvements or improvements built or permitted pursuant to
this Section 4.06 Impractical, erection of a structure of comparable
size, use, and general design to the damaged structure shall be
BW-2647-S Title Report Part 2.tif
permitted in kind and within the same general location subject to the
review and written approval`of Grantee, pursuant to applicable
provisions of the Town Code.
4.07 Notice
Grantor shall notify Grantee, in writing,, before the construction
of any permanent or temporary structures as permitted In Section
4.06 herein and shall file all necessary applications and obtain all
necessary approvals that may be required by this Easement or by the
Town Code,, and shall provide documentation as may be required for
such applications.
4.08 AienaWlity
Grantor shall have the right to convey, mortgage or lease all of
Its remaining interest In the Property, but only subject to thls
Easement. Grantor shall promptly notify Grantee of any conveyance
of any Interest in the Property, Inctuding the full name and mailing
address of any transferee, and the individual principals thereof, under
any such conveyance. The instrument of any such conveyance shall
specifically set north that the Interest thereby conveyed is subject to
this Easement, without modification or amendment of the terms of this
Easement, and shall Incorporate this Easement by reference,
specifically setting forth the date,,office,fiber and page of the
recording hereof. The failure of any such Instrument to comply with
the provisions hereof shall not affedt GranWe's rights hereunder.
4,132 FuLt!j stdjZ Lon
Nothing In this Easement shall prohibit or preclude' Grantor from
further restricting the use, Irn provernents or structures on the
Property. Any such further restrictions shall be consistent with and in
furtherance of the general Intent and purpose of this Easement as set
forth in Section 0.03.
&RTICLE FIVE
GP.ANIQ&5 QBLLG&UO&S
5,QI—T—a x-e S a n d As 5&ssm A OLS
Grantor shall continue to pay all taxes, levies, and assessments
and other governmental or municipal charges,,which may become a
lien on the Property, Including any taxes or levies imposed to make
those payments subject, however,, to Grantor's right to grieve or
contest such assessment. The failure of Grantor to pay all such taxes,
levies and assessments and other governmental or municipal charges
shall not cause an alienation or any rights or interests acquired herein
by Grantee.
5.02 IndernniEtca on
Grantor shall indemnify and hold Grantee harmless for any
liability,costs,, attorneys'fees,judgments, expenses, charges or liens
to Grantee or any of its officers, employees, agent-q or Independent
contractors, all of which shall'be reasonable in amount, arising from
injury due to the physical maintenance or condition of the Property
caused by Grantor's actions or inactions., or from any taxes, levies or
BW-2647-S Title Report Part 2-tif
r
assessments upon it or resulting from this Easement, all of which shall
be considered Grantor's obligations.
5 3 T ird hart Cia ms
Grantor shall indemnify and hold Grantee harmless for any
ilability,costs, attorneys*fees,judgments, or expenses, charges or
liens to Grantee or any of its D icers, employees,agents or
independent contractors,all of which shall be reasonable in amount,
resulting: (a) from injury to persons or damages to property arising
from any activity on the Property and (b) from actions or claims of
any nature by third parties arising out of the entering Into or exercise
of rights under this basement,excepting any of those matters a rising
solely from the acts of Grantee, its officers.,,employees, agents., or
independent contractors.
S.0 ern un ds a intena ce Peou.i rernent
i
If Grantor ieaves the Property open and does not engage in
agricultural production for two ( )consecutive years, then Grantor
shall Implement a Natural Resources Conservation Plain (the"Plain'
approved by Grantor(which approval by Grantor shall not be
unreasonably withheld)and by Grantee, includir g the Land
i Preservation Committee, to a i nta[n or restore the Property to the
condition In which it existed on the date of this Easement, as
evidenced by the documentation referred to in Section 0.05, In Order
to prote t the environmental,natural, scenic and agricultural values of
the Property. In the event Grantor falls to comply with the provisions
of this section after reasonable written notice is given to Grantor by
Grantee, then, in addition to all other remedies set forth herein,
i Grantee or Its agents are hereby authorized to enter upon the Property
to Implement the Plan,and to recover the costs of such {
t
implementation from Grantor, as provI ded in Section 6.03.
t
ARTICL�P 5 X
(iSANIEFS RIG
1ntr and_Insectcn
i Grantee shall have the right to enter upon the Property at
reasonable ti rues, upon prior notice to Grantor, and in a manner that
will not interfere with Grantor's quiet use and enjoyment of the
Property, for the purpose of Inspection to determine whether this
Easement and Its purposes and provisions are being upheld. Grantee
shall not have the right to enter upon the Property for any other
purposes, except as provided in Section 5.04 and 6.03, or to permit
access upon the Property.
6.02 Restora i n
In addition to Grantee's remedies under Section 5.04, Grantee
shall have the right to require the Grantor to restore the Property to
the condition required by this Easement and to enforce this right by
any action or prioceeding that Grantee may reasonably deem
i necessary. However, Grantor shall not be liable for any charges to the
Property resulting from causes beyond the Grantor's control, including,
without limitation, fire, flood,storm, earth movement, wind, weather
or from any prudent action taken by the Grantor under emergency
BW-2647-S Title Report Part 2.tif
conditions to prevent, abate, or mitigate significant injury to persons
or to the Property or crops, livestock or livestock products resulting
from such causes.
ID Erlft roe ent Rights of GrgrLLee
Grantor acknovOedges and agrees that rante+a-s remedies at
law for any violation of this Easement may be inadequate. Therefore,
In addition to, and not as a limitation of, any other rfghts of Grantee
hereunder at law or In equity, in the event any breach,default or
violation of any term, provision,,covenant or obligation on Grantor's
part to be observed or performed pursuant to this Easement Is not
cured by Grantor wlthln ten (W)days"written notice thereof by
Grantee (which notice,requIrement Is expressly waived by Grantor with
respect to any such breach, default or violation which, In Grantees
reasonable judgment, requires immediate action to preserve and
protect any of the agricultural values or otherwIse to further the
purposes of this Easement), Grantee shall have the right at Grantors
sole cost and expense and at Grantee's election:
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent Injunction,
(ii) To enter upon the Property and exercise reasonable efforts
to terminate or cure such breach, default or violation
and/or to cause the restoration of that portlon of the
Property affected by such breach,, default or violation to
the condition that existed prior thereto, or
(111) To enforce any term, provision, covenant or obligation In
this Easement or to seek or enforce such other legal
and/or equitable relief or remedies as Grantee deems
necessary or desirable to ensure compliance with the
terms, conditions, covenants, obligations and purposes of
this Easement# provided, however, that any faflure,, delay
or election to so act by Grantee shall not be deemed to be
a waiver or a forfelbire of any right or available remedy on
Grantee's part with respect to such breach, default, or
violation or with respect to any other breach, default or
violation of any term, condition, covenant or obligation
under this Easement.
The cure period in this Section 6.03 may be extended for a reasonable
time by'Grantee if such restoration cannot reasonably be accomplished
within 10 days.
6.04 No ice
All notices required by this Easement must be written. Notices
shall be delivered by hand or registered or certified mail, return recelpt
requested., with sufficient prepaid postage affixed and with return
receipts requested. Mailed notice to Grantor shall be addressed to
Grantor"s address as recited herein, or to such other address as
Grantor may designate by notice In accordance with this Section 6.04.
Mailed notice to Grantee shall be addressed to its principal office
recited herein, marked to the attention of the Supervisor and the Town
Attorney,, or to such other address as Grantee may designate by notice
in accordance with this Section 6.04. Notice shall be deemed given
BW-2647-S Title Report Part 2.fif
and received as of the date of Its manual delivery or three business
days after the date of its mailing.
6.6�S.Flo Walyer
Grantee's exercise of one remedy or relief under this ARTICLE
SIX shall not have the effect of waiving or 11miting any other remedy or
relief, and the failure to exercise or delay In exercising any remedy
shall not constitute a waiver of any other remedy or relief or the use of
such other remedy or relief at any other time.
6.g .x ino�ri hrr er�t1Co-dem.nation
At the mutual request of Grantor and Grantee,,a court with
Jurisdiction may, if it determines that condlUons surrounding the
Property have changed so much that it becomes impossible to Fulf IF
the Purpose Df this Easement described in Section 0.03.. extinguish or
modify this Easement In accordance with applicable law. The mere
cessation of farming an the Property shall not be construed to be
grounds for extinguishment of this Easement•
if at any time the Property or any portion thereof shall be taken
or condemned by eminent domalnr by the Grantee or by any other
governmental entity, then this Easement shall terminate with respect
to the Property, or portions thereof so taken or condemned, and the
Property shall not be subject to the limitations and restrictions of this
Easement. in such event$the Grantor, its successors or assigns, shall
not be required to pay any penalties, but the value of the Property
shall reflect the limitations of this Easement. Any condemnation award
payable to the Grantor shall be In proportlon to the value attributable
to the residual agricultural value of the Property and if the
condemnation Is undertaken by an entity other than the Grantee, then
the remaining portion of the condemnation award shall be payable to
the Grantee in proportion to the value attributable to the development
rights transferred hereby.
ARMLE3E—VEN
MJSCeLLANEOQj
7.01 Entire LJ!1dersta,n-d-0g
This Easement contains the entire understanding between the
parties concerning its subject matter. Any prior agreement between
the parties concerning Its subject matter shall be merged into this
Easement and superseded by It.
7,02,Amender
it
This Easement may be amended only with the written consent of
Grantee and current Grantors and in accordance with all applicable
State and local laws. Any such amendrnent shall be consistent with
the Town Code and any regulations promulgated thereunder and with
the Purpose of this Easement, and shall be duly recorded.
This Easement is made with the Intention that it shall qualify as
a Conservation Easement in perpetuity under Internal Revenue Code
§170(h). The parties agree to amend the provisions of this Easement
it such amendment shall be necessary, to entitle Grantors to meet the
BW-2647-S Title Report Part 2-fif
' Y
{ a A • 7
requirements of 170(h). Any such amendment shall apply
retroactively in the same manner as if such amendment or
amendments had been set forth herein.
7.03 Afienation
o property rights acquired by Grantee hereunder shall be
alienated except pursuant to the provisions of Chapter 70 of the Town
Code or any successor chapter and other applicable laws, upon the
adoption of a local law authorizing the alienation of said rights and
interest,following a public hearing and,, thereafter, naffed by a
mandatory referendum by the electors of the Town of Southold. No
subsequent amendment of the provisions of the Town Code serail alter
the limitations placed upon the alienation or those property rig h or
r
interests which were acquired by the"down prior to any such
amendment.
7,04 Severabil
Any provision of this Easement restrictingGrantor's activities,
which Is determined to be invalid or unenforceable by a court shall not
be invalidated. Insteadt that provision shall be reduced or limited t
whateverextent that court determines will make it enforceable and
effective. Any other provision of this Basement that is determined to
be Invalid or unenforceable by a court shall be severed from the other
provisions, which shall remain enforceable and effective.
7.05 GoverninQ La
New York Law applicable to deeds to and easements on land
located within the State of New York shallgovern this Easement In all
respects.,Includi ng validlty, construction, interpretation, breach,
violation and performance.
7.0 a re _Ion
Regardless of any contrary rule of construction, no provision of
this Easement shall be construed in favor of one of the pWtles because
it was drafted by the other party's attorney, No alleged ambiguity in
this Easement shall be construed ag a 1 list the party whose attorney
drafted it. if any provision of this Easement Is ambiguous or shall be
subject to two or more I nterpretationsf one of which would reader that
provision invalid, then that provision shall be given such Interpretation
as would reader It valid and he consistent with the purposes of this
Easement.Any rule of strict construction designed to limit the breadth
of the restrictions on use of the Property shall not apply In the
construction or interpretation of this Easement and this Easement shall
be interpreted broadly to affect the purposes of this Easement as
intended by the parties. The parties Intend that this Easement, which
is by nature and character primarily negative in that Grantor. has
restricted and tI mited their right to use the property, except as
otherwise recited herein, be construed at all times and by all parties to
effectuate its purposes.
7.07 Public Access
I othtng contained In this Easement grants, nor shall It be
interpreted to grant, to the public, any right to enter upon the
BW-2647-S Title Report Part 2.tif
Property, or to use images of the Property. Grantee may use images
of the Property only for non-commercial reporting of this Easement.
7.08 Warranties
The warranties and representations made by the partles in this
Easement shall survive Its execution.
7.09 _RecordLU
Grantee shall record this Easement In the land records of the
office of the Clerk of the County of Suffolk, State of New York.
The headings, titles and subtitles herein have been Inserted
solely for convenient reference, and shall be Ignored in Its
constructlon.
IN WITNESS WHEREOF, Grantor has executed and delivered and
Grantee has accepted and received this Grant of Development Rights
Easement on the day and year set forth above.
ACKNOWLEDGM AND ACCEPTED:
CM, FRANCIS &SON, INC., Grantor
pp�
4-s2 Wil a F. TrInkle, rresident and CEO
By ? F
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD, Grantee
I.
Byi
Scott A. Russell
Supervisor
STATE OF NEW YORK
COuNTY OF SUFFOLK SS:
on this-,34 dad cif 01"V in the year 2009 biefore me,the undersigned,
7'kPlAwc roved to
personally appeared personally known to me or p
me on the basis of satisfactory evidence to be the Individuall(s)whose name(s)is
(are)subscribed to the within instrument and acknowledged to me that he/sheitheV
executed the sarne in his/her/their capaclty(les),and that by his/harltheir
signature(s)on the instrument,the Individual(s),or the person upon behalf of which
the Individual(s)actedi.executed the Inntroment.
A&Notary Public PATRICIA L.FALLON
tj otery P U01 1c,stage 0 1 Now York
0,01FA4950146
QU 111jad in Suffolk County
COM, Isslan Expires April 24,A//
BW-2647-S Title Report Part 2.tif
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On th,'s day of in the year 2009 before Me,the undersigned,
personally appeared • rr*4•1 A LAMP- Personally known to me or proven to
me on tree basis of Satasfa cto ry evidence to be the I rid ivId ua l(s)whose name(s)Is
(are)subscribed to the w1th1n Instrurniant and acknowledged to me that helshelthey
f executed the some In his/her/their capacity(1 es)}and that by his/he r/thair
s ignature(s)on the instrurn ent j the Individual(s),or tha person upon behalf of which
the Ind Ividua l(s)acted,executed the instrument.
9 - e-
Notary Public
FATFtj0K L fALLON
Notaly Pe�ll0,State O NOW"orl!c
�No.01 F.P.4950146
OUa teed in Suffolk COW
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Commission Expires Ap
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BW-2647-S Title Report Part 2.tif
SURVEY OF PROPERTY
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SCHEDULE A-DESCRIPTION
Title No.; SIVS-02718
ANMNDED Y212009
ALL that certain plot,piece or parcel of land,situate,lying and being at Orient,Town of Southold;
County.of Suffolk,State of New York,being bounded and described as follows:
BEGINNING at a concrete monument set on the southerly side of Main Road(S.R-25)distant 3200 feet,
more or less,from the intersection of the southerly side of Main Road(S.R,25)and the easterly side of
Narrow River Road,said point being where the easterly 116e of land now or formerly of Eleanor C.and
Robert E.Webber intersects with the southerly side of Main Road(S.R.25);
RUNNING THENCE along the southerly side of Main Road(S.&25)South 76 degrees 59 minutes 02
seconds Bast 57.21 feet to the land now or formerly of STG Associates Inc.; '
THENCE along said land South 18 degrees 24 minutes 19 seconds East 436,51 feet;
THENCE South 77 degrees 14 minutes 10 seconds Fast 573.44 feet;
THENCE South 20 degrees 33 minutes 01 seconds East 1529.84 feet;
THENCE South 53 degrees 59 rWnutes 20 secondi West 23.47 feet;
THENCE South 15 degrees 57 minutes 21 seconds East 329.52 feet;
THENCE South 68 degrees 00 minutes 00 seconds West 525:00 feet;
THENCE North 19 degrees 54 minutes 51 seconds West 1379.38 feet to a broken concrete monument;
THENCE North 18 degrees 24 minutes 19 seconds West 1282.23 feet to the southerly side of Main Road
MR.25)the point or place of BEGINNING.
EXCEPTING THEREFROM the"Reserved Area"described as follows; .
• ALL that certain plot,piece or parcel of land,situate,lying and being at Orient,Town of Southold,
County of Suffolk,State of New York,being bounded and described as follows:
BEGIIr11'+1ING at a concrete monument set on the southerly side of Main Road(Sk 25)distant 3200 feet,
more or less,from the intersection of the southerly side of Main Load(S.R.25)and the easterly side of
Narrow River Road,said point being where the easterly line of land now or formerly of Eleanor C.and
Robert E.Webber intersects with the southerly side of Main Road(S.R.25);
s
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BW-2647-S Title Report Part 2.tif
RUNNING THENCE along the southerly side of Main Road(S.R.25)South 76 degrees 59 minutes 02
6
seconds East 57.21 feel to the land now or formerly of STG Associates thc,-;
THENCE along said land South 18 degrees 24 minutes 19 seconds East 436.51 feet;
THENCE'South 77 degrees 14 minutes 10 seconds Fas(573.44 few;
THENCE South 20 degmes 33 minutes 01 seconds East,369.21 fee(;
THENCE South 69 degrm 26 rWnul.es 59 seconds West,260.00 feet;
THENCE North 20 degrees 33 minutes 01 s c cond West,516.16 feet;
THENCE North 77 degrees 14 minutes 10 seconds West,320-42 fee(;
THENCE North 18 d egre es 24 minutes 19 seconds West,440.18 feet to the southerly side of Main Road
(S.R.25),the point or place of BEGINMO.
BW-2647-S Title Report Part 2-tif
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AREA
ALL that ceeaj n plot,pie ce ar el a f lod,situate,lying a rA be i ng at Orient,Town of Southold,County of
Suffolk,Spa ofNew York befiV bounded and described as follows:
BEO NNWG at a concrete'rnonurnent set on the Southerly side of Main Road(S.R.25)distant 3200 feet,
more opt less,from the Intersection of the Southerly side of Main Road(S.R.25)and the Easterly side of
Darrow River Road,said point being where the FAsterly line of land now or formerly of Eleanor C.and
Robert&Webber intersects with the Southerly side of Main Road(S.R.25);
RUNNING THENCE along the Southerly side of Main Road(S.R.25)South 76 degrees 59 minutes 02
seconds East 57.21 feet to the laird now or formerly of STG Associates Inc.;
THENCE along said land South 18 decees 24 mJnutes 19 seconds East 436.51 feet;
THENCE South 77 degrees 14 minutes 10 seconds East 573.44 feet;
THENCE South 20 degrees 33 ndnutes 01 seconds Fast 329.21 feet to the true point or place of
beginning,
THENCE from said true point or place,of beginning,South 68 degrees a7 minutes 12 seconds West
562.90 feet; lk
THENCE North 19 degrees 54 minutes 51 secanda West 379.38 feet to a broken concrete snonwnent;•
1'1 WCE North 18 demos 24 minutes 19 seconds West 922.05 feet;
THENCE South 77 degrees 14 ininates 10 seconds East,320.42 feet;
1'WCE South 20 degrees 33 minutes 01 seconds East,516.16 feet;
THENCE North 69 degrees 26 minutes 59 seconds East,260.00 feet to the true point or place of
BEt�D�CI.
BW-2647-S Title Report Part 2.tif
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BW-2647-S Title Report Part 2.tif
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
I- 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 e6ects LIP011 the coastal arcs Bich includes all o�fS�out�holdi Town
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3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will
affect the achievement of the LMW policy standards and conditions contained in the consistency
review law. Thus, each ansiver must be explained in detail* listin?, both supporting, and non-
supporting facts. 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 ToN'vn of Southold"s websi.t.e
4
(southoldtown.northfork.net),the Board of Trustees Office,the Planning Department, all local
libraries and the Town Clerk's office.
t' all ' Cal
NO V 2 5 2013
B. DESCRIPTION OF SITE AND PROPOSED ACTION
theia T
1-14.9&14.10 rIllillo Boa
SCTM# 100019 P1211(li,79 Board
PROJECT NAME Crossroads Atlantic, LLC 80/60 Conservation Subdivision.
Ydi
The Application has been submitted to(check appropriate response):
Town Board Planning Board X-1 Building Dept. [:1 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:
Applicant seeks Planning Board approval of proposed
80/60 Conservation Subdivision for Crossroads Atlantic, LLC
Location of action:State Route 25,Orient
Site acreage,- 26.482
Present land use:Agricultural,residential
Present zoning classification: R-80/R-200
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: Biondo &Hammer,LLP
(b) Mailing address,P.O. Box 5030,Montauk,NY 11954
(c) Telephone number: Area Code 666-1000 —
(d) Application number, if any.
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes E:1 NoC If yes, which state or federal agency?_
C. Evaluate the project to the following policies by analyzing how the project will further support or not
support the policies. Provide all proposed Best Management Practices that will further each policy.
Incomplete answers will require that the form be returned for completion.
DEVEL.OPED COAST POLICY
Foster a pattern of development in the'I'lown of Southold that enhances community character,
V\/
-wicture, makes beneficial use of a coastal locati
open space, makes efficient use of infraso on,and
minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation
criteria.
[:]Yes No [:] Not Applicable
Attach additional sheets if necessary
�IWWProtect and preserve historic and archaeological resources of the Town of Southold. See LWRP
Section 101—Policies Pages 3 through 6 for evaluation criteria
El Yes 1:1 No r—] Not Applicable
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section M—Policies Pages 6 through 7 for evaluation criteria
Yes [:] Na NotNot Applicable
This proposed subdivision is in keeping with traditional patterns of development based upon agriculture.The extensive areas of preserved
agricultural lands have created an open vista of farmland with views visible from NY Route 25.
The subdivision of this land will not interfere with the natural and scenic character of the area and there will be no visual interruptions
to the natural farmland.
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWR-P
Section 111—Policies Pages 8 through 16 for evaluation criteria
E YesEI No �] Not Applicable
The subject property is not shoreline and the proposed subdivision will not increase the risk of flooding.
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section M
—Policies Pages 16 through 21 for evaluation criteria
El YesEl No Not Applicable
The proposed subdivision will not negatively impact the water quality and water supply in the Town. There will be no increase
in ground water contamination and no adverse impacts on drinking water.There will be only one single family residence on
this large area of land.
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 M— Policies; Pages 22
through 32 for evaluation criteria.
DX Yes 0 Na F—] Not Applicable
The subject parcel contains a very limited area of wetlands in the southeastern corner of the parcel and is not a particularly ecologically sensitive area.
That said,due to the vast amount of open space and limited development,there will be no impact on plant or animal life,and no reduction in wild life.
Attach additional sheets if necessary
itd improve air quality in the Town of Southold. See LWRP Section III — Policies
Pages 32 through 4 for evaluation criteria.
Yes No Not Applicable
Attach additional sheets if necessary
XgWNfX�W environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWPP Section M—Policies; Pages 34 through 38 for evaluation criteria.
Yes No Not Applicable
PUBLIC COAST POLICIES
*M4)4X. ' cXQ 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 FNo 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 M—Policies; Pages 47 through 56 for evaluation criteria.
F77
El Yes No nj Not Applicable
Subdivision involves agricultural land and not water-dependent uses.
Attach additional sheets if necessary
Policy It. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary
and Town waters. See LWRP Section M—Policies; Pages 57 through 62 for evaluation criteria.
Ll Yes No Not Applicable
Subject property not involved with marine resources and Town waters.
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section M—Policies; Pages 62
through 65 for evaluation criteria.
Yes No 11 Not Applicable
This pro posed 80/60 Conservation Subdivision preserves large expanses of agricultural land. There is only one residence
which does not encroach on the contiguous block of agricultural lands,and scenic and open space acreage are preserved.
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.
X[:] Yes No [:1 Not Applicable
Due to the vast amount of preserved land.there will be a very limited use of energy resources.
PREPARED By Nancy Marshall TITLE-Applicant/Agent DATE 11/20/13
Amended on 811105
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PART 1—PROJECT INFORMATION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a sionnlnort effect onthe
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 oneo|fv each
instance.
-Crossroads Atlantic, LLC Conservation Subdivision
Location OT Action (include-Street Address, Municipality anci (�ounty)
32400 Main Road, Orient
Adaress
PO Box 5030, 50 The Plaza
CITY/P0 State ZIP Code
Montauk, NY 11954
Crossroads Atlantic, LLC c/o 668-1000
Address
PO Box 1262
city/po State ZIP Code
East Hampton NY 1 1937
Description of Acloo_n
Retroactive Conservation Subdivision
Please Complete Each Question--Indicate N.A. if not applicable
A. SITE DESCRIPTION DC / �
?D1�
�.
Physical setting cf overall project, both developed and undeveloped areas.
1. Present land use: o Urban o Industrial n Commercial Residential auburban) o Ruu,|(non-farm)
o Fonomc '� Agriculture o Othe,_______
2. Total acreage of project area: 26.482 acres.
APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION
Meadow o, B,uah|and (Non-agricultural) .3 ac,eo 3 _acres
Forested O �o�aa O moroa
— __- _
Agricultural (Includes orchards, cropland, pasture, etc.) 23 acres 23 acres
Wetland(Freshwater or tidal as per Articles 24'25 of eCL) -017 acres '017 acres
Water Surface Area O acres O acres
Unvagotetwd (Rock, earth or fill) o___ —acres O -acres
Roads' buildings and other paved surfaces O acres O acres
Other (Indicate type)grass/gravel road — aorea — acres
3. What is predominant soil tvpm(a) on project site? H/V\
a. Soil drainage: o Well drained8U _96 of site n Moderately well drained 10 96 of site
o Poorly drained 96ofsite
b. If any agricultural land is involved, how many acres of mo|| are classified within ao|| group 1 through 4orthe NYS
Land Classification 3yeznm7 23 __acres (See 1 NYCnR37o)
4. Are there bedrock outcroppings on project site? 0 Yes No
a. What is depth to bedrock? (in feet)
�'
5. Approximate percentage of proposed project site with slopes: El 0-10 O/o 90 % El 10-15% 10 %
0 15% or greater %
6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of
Historic Places? El Yes D4 No
7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? L1 Yes IR No
8. What is the depth of the water table?8 (in feet)
9. Is site located over a primary, principal, or sole source aquifer? D Yes [X No
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? 0 Yes No
11. Does project site contain any species of plant or animal life that is identified as threatened or endangered?
0 Yes IR No According to None known
Identify each species
12. Are there any unique or unusual land forms on the project site?(i.e., cliffs, dunes, other geological formations)
r Yes KI No Describe
13. Is the project site presently used by the community or neighborhood as an open space or recreation area?
0 Yes R No If yes, explain
14. Does the present site include scenic views known to be important to the community?
11 Yes W No
15. Streams within or contiguous to project area: N/A
a. Name of Stream and name of River to which it is tributary
16. Lakes, ponds, wetland areas within or contiguous to project area: N/A
a. Name b. Size (In acres)
17. Is the site served by existing public utilities? JO Yes 0 No
a) If Yes, does sufficient capacity exist to allow connection? k] Yes 11 No
b) If Yes, will improvements be necessary to allow connection? 0 Yes k] No
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA,
Section 303 and 304? [1 Yes g No
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the
ECL, and 6 NYCRR 6177 0 Yes C� No
20. Has the site ever been used for the disposal of solid or hazardous wastes? 0 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 26 acres.
b. Project acreage to be developed: 3 acres initially; 3 acres ultimately.
c. Project acreage to remain undeveloped 23 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 3
g. Maximum vehicular trips generated per hour N/A (upon completion of project).
h. If residential, Number and type of housing units:
One Family Two Family Multiple Family Condominium
1
Initially
1
Ultimately
i Dimensions (in feet) of largest proposed structure 30' height; 40+/-' width; 80+/-' length.
]. Linear feet of frontage along a public thoroughfare project will occupy is? 57-21 ft.
mmmm
2. How much natural material (i.e., rock, earth, �o.)vviU be removed from the ^h minimum yards.
3. Will disturbed areas be reclaimed? o Yea o No 0O N/A
a. If yes, for what intended punxmn is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation? El Yea 0 No
u. Will upper subsoil be stockpiled for reclamation? o Yes o No
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 1.5+/- acres.
5. Will any mature forest (over 100 vma,a old) or other locally-important vegetation be removed by this project?
El Yes c]RNo
6. If aino|n phase project: Anticipated period of construction B(house) months, (including demolition).
7. If multi-phased:
a. Total number of nhamoa amdo|p,tmd _<number>.
u. Anticipated date of commencement phase 1 monthvear'(indudino demolition).
c. Approximate completion daze of final phase month year.
d. Is phase 1 functionally dependent nn subsequent phases? o Yes o No
8. Will blasting occur during construction? o Yee E)� No
9. Number of jobs generated: during construction? G after project is complete?O
10. Number of jobs eliminated by this project?
11. Will project require relocation or any projects o,facilities? u Yes No If vem' explain____
--
12. Is surface liquid waste disposal involved? o Yes No
a. If vmm' 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? o Yes o No Type single family residence septic
14. Will surface area of an existing water body increase or decrease by proposal? o Yes No
Explain
15. Is project, or any portion of project, located in a 100 year flood plain? o Yes k; No
16. Will the project generate solid vvmatm/ o Yes ;C No
a. If vem' what is the amount per month? . tonm.
b. If vem' will an existing solid vvaoto facility be used? n Yes o No
o. If voa' give name / location
d. Will any vveoteu not go into a onvvago d|opoee| system or into a sanitary |andU||7 o Yes o No
e. If Ymo' explain
17. Will the project involve the disposal nr solid waste? o Yes X1 No
a. If vno' vvxot is the anticipated ,ate or disposal? tone/mnnth.
b. If von' what is the anticipated site life? yoa,s.
18. Will project use herbicides or poadoideor o Yes J( No
19. Will project routinely produce odors (more than one hour per day)? o Yes �0 No
20. Will project produce operating noise exceeding the local ambient noise levels? oYes XDmo
21. Will project result in an increase in energy use? XE Yee o No
|f yes, indicate type(o)typical residential electric etc
22. |fwater supply is from wells, indicate pumping capacity inute.
23. Total anticipated water usage per day genone/day.
24. Does project involve Local, State orFederal funding? o Yes X No
If veo' explain
25. Approvals Required:
Type Submittal Date
City, Town, Village Board o Yes EjNo
City, Town, Village Planning Board k! Yes o No 8/*/13
City, Town Zoning Board o Yes �ZNo
�
City, County Health Department c�Yes o No 2010
Other Local Agencies oYem IRNn
Other Regional Agencies o Yea )p No
State Agencies oYma X No
Federal Agencies o Yes No
C. ZONING and PLANNING INFORMATION
l. Does proposed action involve planning or zoning decision? Yen o No
If Yes, indicate decision required:
o zoning amendment n zoning variance o special use permit Xo subdivision o site plan
o new/revision of master plan o resource management plan El ocho'.
2. VVhex is the zoning o|oaaifiomdon(e) of the site?R-80and R-200
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
2Lots
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4. What is the proposed zoning of the site? No change
5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
2 lots
6. Is the nrnpnmad action consistent with the recommended umwa in mmmpzeu local land use plans? Xo Yes o No
7. What are the predominant land use(s) and zoning classifications within a 1/4 mile radius of proposed action?
Agricultural and residential
8. /a the proposed action compatible with adjoining/surrounding land uses within m 1/4 mile? X1 Yes o No
9. If the proposed action in the subdivision of land, how many lots are proposed? 2
e. What is the minimum lot size propoaed?3.35 ooreo�
10. Will proposed action require any authorization(s) for the formation of uevva,or water districts? o Yes X1 No
11. Will the proposed action create ademand for any community provided omrviuma (rooraadnn' education, police,
fire protection)? o Yes XVI No
a. If yes, is existing capacity sufficient to handle projected demand? o Yea o No
12. Will the proposed action n,ou/u in the generation of traffic significantly above present levels? o Yes No
a. If yes, is the existing road network adequate to handle the additional traffic? o Yea 0 No
D. Informational Details
Attach any additional information as may be needed to clarify your project. If there are, or may be, any adverse impacts
associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them-
E. Verification
I certify that the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name Nancy Marshall Date �` d j
Signature Title Aftorney
If the action is in the Coaks-ta-1 Are/, and you are a state agency, complete the Coastal Assessment Form before proceeding with
this assessment.
h MAILING ADDRESS:
PLANNING BOARD Ni AfflE i,..J P.O. Box 1179
DONALD J.WILCENSKI
f SO Southold NY 11971
Chair
OFFICE LOCATION:
WILLIAM J.CREMERS Town Hall Annex
PIERCE RAFFERTY 54375 State Route 25
JAMES H.RICH III `+
MARTIN H.SI R (cor.Main Rd. &Youngs Ave.)
D4 Southold,NY
Coo
Telephone: 631 765-1938
Fax: 631 765-3136
PLANING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Accounting
From: Planning Department
Date: January 28, 2014
Re: Deferred Revenue
The Subdivision sketch plan application referenced below has been accepted by
the Planning Board and the funds may be processed to Planning Applications
revenue account 132115.10.
Thank you.
p Project Name &
Tax Ma Amount Revenue Line Check Date &
Type _ #
Crossroads Atlantic Subdiv. 19-1-14.9 & $850.00 B.2115.10 1011113
Sketch plan app. fee 14.10 #0214
LR