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HomeMy WebLinkAbout1000-19.-1-14.9 & 14.10 OLD MAIN ROM OLD MAIN RO.V OLD MAIN ROAD MAIN ROAD S.R. 15 'k9N VACANT 'P4b S~ P ?S (S, R R DAD _ polz S 76•59'o „ ~JA) 5)7 j Z E p EDGED 2 NAR ROW RIVgR ROAD °~Q r,4 ,FOUND WrE M PRa SE EDQE OF DOUBLE MOULDER SM 'd1R EDP' OF MVEeN nRlpq y 'z' 11 9c r > 1 m~ c% m N H KEY MAP t-l 10-, A ~ 144 q~• O 4 t4" If' ` m o SCALE 1 °=600' s % is t$nm noE to to y~ ic, ~i - ; va Io cp n allx WEII I I 5 I 1 0 C-1 OCI -2013 16°'«< SKETCH PLAN S "~D PREPARED FOR ~z 10, -RA I 1 - e---- s 20 RIOH,. OF WAY CROSSROADS ATLANTIC, LLC LLC 11 41p W 15 rel"r SITUATE 6 ! I1 320-42') °ps)3.44, R f4.9 1 \ 1A 4 L H ~ 7 ORIENT \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 > + / X96 r t o~ v 2e 4 ,N ~ v: '9's ~ a ro u' s- - -'"9 FWNO 6R~ 1 it k~ 21 i• .±cl~, n~0 CAfK' ~V ,e~'i1 I ~ x 9.4 % .9.4 , i i 00 H 1r• ,~,0 ! OC Lr '1 „B] z x L"A L ~9 o L I W x84 LOT 2 ~ 9p xZ 18 70 5 VIH~ / A O Y Q 2 C. a I g~6 / I a1 i g " ~~r2 1 oal °0.1 L 5 1 m 1 t~ lry f1~14~P~p1 6 H c' sy, S Z~ So 54A N 68p1,1 1 00,1,*63~ %132986 , 06 O z5 % t PR~~pF wSpR~EVFNq, ~p1~gb~ Q fA5 19 I 10 I p pN~R~p°, P x -0 S• u o, f a u 78 V a x 7.7 ~p 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. ti�t' 'Y # !-� lPa��[y.^�" •'1'jl f�'.r'.'� e ' ��. s i 'a.r1 r n r to r Mt n f -. �.� _ Y F ■ F * - y 'F' #�' ��. '�[}Tjy,�jf�1r•I,� .1■Y�..iYF.��i_!:.;�- � _1I`-�`�.I...r�'INi +i��.''• I'FR�e,YM�.F���'MARYWN"N.!: !r.!�N.N�•`d'ar# 1 i.. ti�•�''���•'��1 -.� }�.�...fv i - -1Jt'. +I :+F tl "'� Y -; F !a 'lbl�'�..Ate.. d�fi � !r _ �I �•.■ � r �� Q- ■ t��• al ^ ' F 5c' }1■� '�'��}'��T 1k. r �!4�" �z ■tlt�F�rix._'1 4., .�� �N y;:Y�w -��f "' ', �:�=a��"A r*- v °�.�i��''1��4T M'�r.�,�.•!s�'.�:'!r_I14�4��!'rF •sa'J• ,� � j�+��F�iYk.�4�i����e.—� Y`�;t�•1.�F rr3�t`F 4-_�s�P a Y tc! „'��t,'���!� +J#��'�'P'�-•s��y --- +�r�°�� �:��.'�.—„r��i�r�-. s.��J■!. �.- _ �_ Asa n ,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. 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ALdo lly Jr of k ! a k ,r _tip+ y. f i ,L� _ JL 44 dt P, Ar41g y $. s r . ,� I 1L r M ° F e � " i i u - 1 "LI . � 9 Y a• r N v n + ° e b � 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 PP I Oil -4406 X-k. 41 -,Y11fy Al qF7. db-IiIi. -. *Y 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 r • 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 r f I ' 3 •� 4 ••• a di b•• •f k. a• k b e i ! Fi f I` ! s �4 4 0 • i t� 4 f i••'L•a��!!•l�b�.■\ram^Y���Vr i i-iYY�a 1 r, W ! 10303 PI'5bl •i 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 r J r an the Suffolk county 'Tax Map as District 1000, &2ction 019, SICK* iDt 014,001, and in annexed Schedule "A", and r 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 ri • ►: 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 i BIN-2647-S Title Report Part 2.tif I. _ a r 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 r Le 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 Fi 1 .1 1 ±a - •1f_ AN + + ' w SWIM i •Y1 �eL 4 Y _2- BW-2647-5 Title Report Part 2.tif • -'rf � 10303 K566 M 1 q.CFW,F A 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 { t -, �► ,. •- 0.3 �:. ,F :% .- ; �. .. r ►. 4 rA.4 `J} i 1 +i l ti, i! 4 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 � Commission Expires Ap I h iI 1 a 1 0 I 1 i 1 BW-2647-S Title Report Part 2.tif SURVEY OF PROPERTY S)TUATZ ORIENT TOWN�.. S1JrMX COUNTY MEW L YORK trV R'314D 10 SCAB 1�•10w Q1•tii.? F a d%1 b Mu Aw"WiNIUM sin" MINrOVID'anti ►ram at no=.;?M.= .aA all 4 'uRs 10e,L Aea.1,M&SIi 4q.1L • � L ..E LO OI M Aarg 1 r+.iA+rY.Q wlwrr s!�w w�+�s till UNaI■t1tiM1 1i+��4LFAi�7 lid Inon 60fs4 iw 4L.4 PAP OtAMS Ertaaa jlr P ~ #r�. � l{ 1 k r 0.s * � T ' IL jo r f* r �r or a Ito Nathan Taft Corwbm a :MM-f Lww Surmyor , emums NEW BROMIGINNO BW-2647-S Title Report Part 2.tif f Y 1 t MAR —' 3 t ifzo 0 L 4 NEW YORK METRO t 0 V 800-853.48 M ' Wle Insurance company r� r• 21�-9��1593 fax stewwtnewyork,com 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 _ 1 • r 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 y I r�x �a.r•ve�r• s. ut►a i t;4c;Z I AM VAUt t t uv r r ax btjx'V Z1 h &'• _ h i NOT ME SPRED. .FOR _ _ ITON .L.=OVS Ly 4 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 ■ 9 9 SEE SEC.NO.024 NIA 12.4 Y� Wp 1.2A(C) 12,231.9A 12,3 12.1 Vo 1.6AW 13 UAW i,lA LO 11.4 COUNTY H! t0EvE!tA in .00 14.4 �,� fry ` 1.8a(c) #4. , 2 3 14,5 LOA(C) UAW � if 4.0 MA 11.3t'�.a 3.4A � 9.9A(d 1 r it �► A LIQ 9,4 `f+ 35.4Atc1 14.7 3Q.3A ` 18.3 76.sd .5;J&btcl j 10.0 1 y �11 10 4t.AA'(C-1 rt '� r w all) , -OF L OF 40 NP0 . ATE OF k NEA MA Sat+t ka►.fl JI BIN-2647-S Title Report Part 2.tif ... ... .. _.,._.���—�,,._��—��._.__�., ......�.._ -- ��f_..�—may .. �-„-��....._.._„/► �a f TnfaraMuo Man Deal Drn.+ar}+ir Ts w :> mm UA( Map Contents � � ••• - ; scrps 1 i Pa rce 1 0 • Road !ij Cand - D. I Fifed f I;--. I. L 14,E •.0 cj Rcf + F%-* Parce } 1 '14.6 2 • �6 i a • !O seal, 1.8A •� W Party 1 Tom V Cb 0 9 IM9 I � 4 (rOW O OF 4rRIQHTS)' C)r;:Vh i c 4 1 1ATER i rMr6N E0394 r + � i .4 { 4 176 26 Fact Ac ti i littp://gas.counly.suf/rps/main.aspx 3/13/2012 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 - 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 ~ 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 - 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