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HomeMy WebLinkAboutSubject File Subject: RE:AAC Comments P13 HL-) �c. R � W75i[9) From: Anthony Sannino [,Tiaiito:cony/yiLt)ol Co)griiail.corz I Sent:Wednesday, February 4, 2026 8:29 PM FEB 0 5 2026 To: Noncarrow, Denis<Jeni-S,nf6).suuLq1 AdLo�L)nnyg ,>; Krupski,Al <. kPtown.southo1d.11V.LJS> SOUTHOLD TOWN Cc:Tom Stevenson <arri Pell @ hotrnall.corr,>;Jim Glover<j11T1gg1overperenmals.com> _PLANMNG BOARD Subject:AAC Comments Ll . I Hi Denis, can you please send this letter to all Town Board members, all Planning department board members and Heather Lanza, Building department, and all zoning board members. Please let me know you received this and when you will expedite. The Agricultural Advisory Committee was made aware of the proposed agricultural barn on Ackerly Pond Road for the first time at our January 21st meeting. We believe it should be approved in a timely fashion for the applicant to begin their proposed ag operation. If the applicant agrees to adjust the location of the structure,that is up to him. The committee is uncertain why this applicant was made to appear before the public for a Public Hearing when it is a permitted use on the preserved property. We, however, appreciate that the Planning Board assured the public that the discussion was specific to the barn and not the type of agricultural operation and recognized the protections of the Right to Farm code, both at the State and local level. The AAC would also like to request from the Town Board, Planning Board, Planning Department, ZBA, Building Department what set of procedures, if any, are currently followed when an agricultural-related application is filed before one of these town agencies. We are aware that zoning districts, and easements may change procedures. In addition, the Planning Director asked AAC's opinion about the location of a proposed house location on the South Brown parcel of the Tuthill Conservation Subdivision. We saw no need to override the applicants' preference and agreed with not placing a residence in the middle of the best and most agriculturally productive portion of the property. This project was applied for over 15 years ago and we feel that any further delays is a disservice to one of the oldest farming families in Orient." Salute, Anthony Sannino Owner & Winemaker Sannino Vineyard 631-767-1751 ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Southold Town Planning Board Work Session — January 12, 2026 — P Project Name, Tuthill Conservation SCTM#: 1000-17.-4-16, 17.-6- Subdivision 14.27 18.-3-30-31 18.-6- 17.31 18.-6-18.1 Location, 21505 Rt. 257 21070 Rt. 25, 26975 Rt. 251 7685 Narrow River Rd., 8070 Narrow River Rd., Orient Description I—This proposal is for an 80/60 Conservation Subdivision of four parcels with a total area of 112+/- acres into 17 residential lots, with 94+/- acres to be preserved. Status- Conditional Sketch Plat Approval Action: Final Plat Application Review Attachments-. Staff Report Project Name: Old Sound Winery SCTM#: 1000-122.-2-8.1 & 24.4 Location 10020 & 9650 Old Sound Avenue, Mattituck Description.- This site plan is for the for the proposed adaptive reuse of a ± 679 sq. ft. existing structure with ± 484 sq. ft. addition as a winery with tasting and production areas, the construction of a new two-story, ±3,719-square- foot agricultural storage building with a farm office, and associated parking, on a ±12.59-acre parcel within the R-40 (±0.74 acres) and R-80 L11.85 acres) zoning districts. Status: r Pending Action, Review for Determination Attachments: Staff Re wort Project Name.- Southold Gas Station & Convenience SCTM#: 1000-55.-5-2.2 Store EV Chargers Location: 45450 CR 48, Southold Descrip tion: This amended site plan application is for the proposed installation of four (4) Autel dual handle Electric Vehicle Charging Stations on a site with an existing Gasoline Service Station and Convenience Store, located on __.-1.46 acres in the iAn.General Business (BJ_4qn District. Status: I Pending Action Referral Review Attachments. Staff Report Southold Planning Department Staff Report Subdivision Application Work Session Review Date January 12, 2026 Prepared By: Heather Lanza, Town Planning Director I. Application Information Project Title: Tuthill Conservation Subdivision Applicant: Tuthill Oysterponds Holding Company Date of Submission: Final Plat Application submitted December 3, 2024 Tax Map Number: 1000-17-4-16,17-6-14.2, 18-3-30.3, and 18-6-17.3 Project Location: North Dyer parcel located at 21505 Route 25 South Dyer parcel located on the south side of SR 25, 584'+/- west of Oysterponds Lane South Brown parcel located on the south side of SR 25, 1969'+/- east of Platt Rd North Brown parcel located on the north side of SR 25, 1193'+/- west of Browns Hill Rd Hamlet: Orient Zoning District: R-80 & R-200 II. Description of Project This proposal is for an 80/60 Conservation Subdivision of four parcels with a total area of 112+/- acres into 17 residential lots, with 94+/- acres to be preserved. III.Status • Conditional Sketch Plat Approval a Final Plat Public Hearing held April 7, 2025 • Final Plat Application Review IV.Items to Review R. Conditions of Conditional Sketch Plat Approval issued December 3, 2019 o Conditions & their status as whether or not met an the Final Plat o Additional requirements specific to each parcel added B. Comments from Involved Agencies, Final Plat Public Hearing & Planning Staff C. Summary of Major Design Changes Required & Recommended D. Other Issues E. Items for Planning Board Consideration Tuthill Conservation Subdivision staff Page 2 of 34 A. Conditions of Conditional Sketch Plat Approval (from 12/3/19) 1. Approval by the Suffolk County Department of Health Services (SCDHS) will be required prior to Final Plat Approval, and must include the use of innovative/alternative wastewater treatment systems (I/AOWTS) for Lots 1 through 17 when developed with a residential use, as permitted under SCDHS' Article 19. Staff note: SCDHS Approval to be completed as a condition of Conditional Final Plat Approval 2. Coordination with the Orient Fire District. Staff note: Completed on 12/16/25 — in-person meeting with the District Commissioners. Future review required — could be a condition of Conditional Final Plat Approval. 0 Fire well locations have been hand-drawn on the maps for each parcel and described under each parcel below. 0 Radius for curves — need to be added to the Final Road & Drainage Plan and checked using a truck template on a separate sheet or in a separate drawtng dernonstratinq that the curves can accommodate a 39' fire truck., 0 South Brown: new location for develo anent area, once determined, is to be sent back to OFD for fire well location • North Brown: • Require fire well or 20,000 gallon cistern(s) if fire well not sufficient • Keep pavement at 26' wide for entire length so two fire truck are able to pass each other (idea of 20x50' bump-outs to reduce the width of the pavement to 20) along the farm area not regarded favorably) 0 Note that DEC now has to approve fire wells a Concern over tree plantings being required but not requiring maintenance of the clearance for emergency vehicles. o Add in the covenants for the road maintenance that they must keep a 15' x 15' box open in the right of way including overhead trimming of trees, to help with enforcement of this. 3. Organize the subdivision map so that all four pages will be filed as one map containing four pages, one for each of the four properties. Add a page number label to each "Page 1 of 4", Page 2 of 4, etc. Staff note: To be completed as a condition of Conditional Final Plat Approval- Planning staff will check with Suffolk County Real Property to ensure this aligns with their requirements. 4. Organize the road and drainage plans in a four-page document with page numbers "Page I of 4", etc. Staff note: To be completed as a condition of Conditional Final Plat ApQ[oval with an edit to this condition noting that each parcel has multiple pages for the road and Tuthill Conservation Subdivision Staff Report Page 3 of 34 drainage plans. These may be separate parcel-specific groups instead of all one document. 5. The following changes to the Sketch Plats are require, Provide one table with the 80/60 Conservation Subdivisions calculations for the existing four parcels, including a total for the four parcels combined. Staff note: Not done correctly, see table below To be completed as a condition of Conditional Final Plat Approval. Table Format as follows: Add one table, on one of the four Final Plats, with the conservation subdivision calculation for an 80/60 that includes the total buildable lands preserved for each of the four and then added up to show that it meets 80% preservation of the buildable land, and 60% lot reduction. This table needs to account for all the land area and identify what areas are counted as unbuildable and buildable. Below is an example: Tuthill Conservation Subdivision 80/60 Calculations Table* Parcel Wetlands, Other Buildable Total Open Open Yield Yield &Land unbuildable Land Parcel Space Space Reduction Reduction Seaward land Area Required Provided Required Provided of CEHA (Subdiv. 80% on Final (Buildable on Final open space (0-8 X Plat Land Plat from prev. Buildable (buildable Sq.Ft./80,000 (60%) subdiv.) Land) land sq.ft.per lot) only) Round down then x 0.4 North 5.77 0 15.318 21.15 12.31 8.43 3 7 Dyer __­I - South 14.65 1.26 19.433 3 5.3 4 15.54 15.46 4 4 Dver North 2.07 0 26.68 28.75 21.34 21.6 6 5 Brown South 0.12 0 15.32 15.44 12.26 15.32 3 0 Brown R80 South 0.51 0 10.72 11.23 8.58 9.48 4 1 1 Brown R200 Totals 23.12 1,26 87.53 111.91J 70.02 70.291 17 17 *Note that all of these numbers need to be validated by the surveyor. Tuthill Conservation Subdivision Staff Report Page 4 of 34 North Dver a. Title the plat: Tuthill 80/60 Clustered Conservation Subdivision North Dyer Final Plat. Staff: Done b. Remove the Subdivision Report Table. Staff: Done c. Show a Lot Area Table on the plat that includes the total lot area for each proposed lot, unbuildable lands, the area of the right of way in the lot and square footage of areas to be cleared. Include each Open Space Area in this table. Staff: Not Done. Can be a condition of Conditional Final Plat Approval Table rovided is not clear. See below for recommended format North Dyer Lot Area Table Lot Total Buildable Unbuil—dable I Right Open Subdiv- Area of Clearing Lot Land Land of Space Open Open Limits** Area (Wetlands, Way Space M Space CEHA) Area* eligible for PDR (Area of Open Space - Subdivision Open Space Total) 39021 0 n/a 40979 n/a 2 n/a n/a. 3 �- n/a n/a 4 n/a n/a. 5 j n/a n/a 6 n/a n/a n/a n/a O.S.A n/a O.S, n/a. B Tota I Area Subdivision Open Space is the result of clustering and is calculated by subtracting the buildable land area of each new lot from 80,000 sq. ft, the minimum lot size for the zoning district (80,000 sq. ft.- Buildable Land Area=Area of Subdivision Open Space). Subdivision Open Space is included in the Open Space Parcel. *"Clearing Limits as per Town Code §240-49 Note on Subdivision Open Space: The subdivision open space throughout the entire project is recommended to be shifted among the four original parcels' open space areas so that all of North Dyer is subdivision open space. This will allow a wider range of uses as listed in Town Code Chapter 240. North Dyer is the logical place for a wider range of Tuthill Conservation Subdivision Staff Report Page 5 of 34 open space uses since due to topography and layout, it will be the least conducive to agriculture. The open space on the other three parcels will have their development rights purchased, and, according to Town Code, the allowed uses are agricultural production only. d. Lighten the Coastal Erosion Hazard Line and darken the seaward parcel boundary along the Long Island Sound. Staff: Done e. Delete the line west of Lot 6 separating the two open space areas to form one contiguous area of open space. Staff: Done f. Label the three open space areas as "Open Space A, Open Space B and Open Space C Staff: Done, and currently it was changed so there are only two open space areas. g. Straighten the rear lot lines of 4, 5 and 6, maintaining a minimum 100' setback from the wetland line. Staff: Done but not completely. The lines remain uneven. Recommend a split-rail fence be required in the covenants to be located at the edge of the open space to the north and west of Lots 4, 5, & 6 to delineate and prevent encroachment. h. Show building envelopes on each lot with proposed setback distances labelled. Staff: Done, however needs some correction: Lot 1 setbacks: missi-nq a rear yard Required (using R40 Proposed standard due to lot size . Frontf 50' - -Front= 50', Rear = 50', -Rear = 20'j. Side = 15. Side 20, Both sides = 35' t Both sides = 40' One of the 20' setbacks should be increased to 50' or something close to 50' if it needs to be smaller to avoid creating a non-conformity with existing buildi Lot 6 setback to the non-disturbance buffer is too small. The northern setback should be -increased from 20 to 50' to coincide with the clearing restriction. Also accomplishes keeping.developmert farther away from the non-disturbance buffer. The 50' setback on the east side can be reduced to as little as 15 . Increase the width of the right of way to 30' and consider shortening. Retain the historic rock walls where possible. A turn-around design for fire apparatus is required. Permissible designs include a 120' Hammerhead, an Alternative to 120' Hammerhead or a 60 Foot "Y". An illustration of each design is attached. Tuthill Conservation Subdivision Staff Report Page 6 of 34 Staff: Done. j. Divide the right of way proportionately between the six lots. Each lot will own a portion of the right of way. Include the square footage of the right of way in the Lot Area Table. Staff: Not done. Arip h ca nt p roposing HOA to o A/n the road, however that model has proven to be less than effective when it comes to road ownership. A sketch showing how the road should be divided amongst the lots can be provided by, Planning staff. The HOA will be able to manacie the road maintenance without - necessarily owning it. Note that the Final Plat for South Dyer has accomplished- this reguirement (as an example k. Provide a name for the road. Staff: Done — Dyer Lane. Name to be vetted with Highway Superintendent & Police. I. Show and label a 10' wide shoreline access from the end of the right of way over Lot 4. Staff: Done. Because all of the open space on this parcel will be`subdivision open space', and recreation in the form of walking,trails is allowed. the area of this access that qoes through the open space may e counted as open space. May not need to be quantified or even shown across Lot 4 if the Tuthill's-prefer the access to be over the exisfinq driveway near the end of the road. m. Show the relocated lot from South Dyer and label as lot 7. If the lot is to be located in the southeast of the parcel, retain or move the historic rock wall within the open space. Staff: Done REQU I REM ENTSIE DITS/CORRECTIONS TO FINAL PLAT (in addition to those noted above) [11 Label the 100' setback to the wetlands as a non-disturbance buffer, which should also clearly indicate the wetlands and land seaward of that line as included. An exception for the access road to the shore can be included in the covenants. [2] Renumber the lots so they are in order geographically n. North Dyer Road and Drainage Plan (continuing with Sketch Plat Conditions) i. Submit 6 copies of a Road and Drainage Plan that satisfies the requirements mandated through §240-21 Technical requirements. Staff: Submitted ii. Title the plans: Final Road and Drainage Plans. Staff: Done Tuthill Conservation Subdivision Staff Report Page 7 of 34 iii. A 30' wide right of way and a 26' wide load bearing surface is required. Utilities can be located under the road. Include a centerline profile and road cross section, utility detail and asphalt apron design on the plans. Staff: Submitted. Not yet reviewed by Town Engineer iv- Drainage for the road is recommended as passive swales or similar for the private access road. Contact the office of the Town Engineer to discuss an alternative "greener" storm water control systems. Staff: Done: Drainage swales used. Not yet reviewed by Town Engineer. Because at least one of the roads may be changin this review can be a condition of Conditional Final Plat Approval. V. Provide test hole data for each parcel. Staff: Done vi. Show street trees or identify existing trees that would be acceptable as street trees on each residential lot. Planted street trees shall be shown 40' on center. Trees that are identified in lieu of planting must also be shown on the final plat. The designation of existing trees will require consultation with planning staff. Staff: Not done. Can be a condition of Conditional Final Plat Approval vii. Show property boundary concrete monuments. Staff: Not done. Can be a condition of Conditional Final Plat Approval viii. Show fire well (to be determined). Staff: Not done. See Additional comments below for specific locations for the fire wells. Can be a condition of Conditional Final Plat Approval Ix. Add a notation "Refer to the corresponding Road & Drainage Plan, on file with the Southold Town Planning Department, for additional details and specifications for road and drainage construction. Staff: This note actually should qo on the Final Plat. not the Road & Drainage Plan. Can be a condition of Conditional Final Plat Aproval Additional comments and corrections to North Dyer Final Road & Drainage Plan: The following is based on the submitted final plans and the conditions from Sketch Plat approval. [1] The scale isn't correctly shown on Page 1 of 3 [2] Road name typographical error (Dwyer instead of Dyer (multiple notations) [3] Common Driveway Issues: a. Minimum width of the flag to Lot 6 is required to be 25' (Town Code §101- 15 A.) b. Each lot owns to the centerline of the common driveway. i. Common Driveway right of way width: 25' ii. Common Driveway pavement: 12' minimum Tuthill Conservation Subdivision StaffReport Page 8 of 34 c. Angle of turn into common driveway is acute. Either soften the angle or demonstrate with a truck template that a 39' truck (fire truck) can navigate that intersection. [4] Show the Length and Radius of curves in the right of way [5] Demonstrate with a truck template that a 39' truck (fire truck) can navigate the curves. [6] Fire well locations: a. On west side of Dyer Lane, 465 +/- from Rt. 25 b. On west side of Dyer Lane, 885' +/- from Rt. 25 [7] Common Driveway Corrections: a. Increase the width from 20' to the required 25' right of way for 1-2 lots pursuant to Town Code §161 Construction Standards. b. Lot 6 requires a 25' flag to Dyer Lane. c. The Common Driveway must also be 25'. d. Common Driveway's centerline is required by Town Code to be the northern line of that flag, with half on Lot 5, half on Lot 6, and shown with dashed lines. e. The pavement can be a minimum of 12 feet, centered in the 25' common driveway. Due to it being on a private road, the design of the pavement and its drainage can be done later, memorialized in the covenants as to process [8] Consider dotted line for right of way Dyer Lane and open space being one big lot. Tuthill Conservation Subdivision Staff Report Page 9 of 34 South D er a. Title plat: Tuthill 80/60 Clustered Conservation Subdivision South Dyer —Final Plat. Staff: Done b. Remove the Subdivision Report Table from the plan. Staff: Done c. Show a Lot Area Table on the plat that includes the total lot area, unbuildable lands (including the 54,985 sq. ft. of subdivision open space from past set-off to be reflected as unbuildable land), and the area of the right of way in each of the lots. Staff: Not Done. Can be a condition of Conditional Final Plat Approval. See table below for format: South Dyer Lot Area Table Note that the area of Racketts Court outside of tax__pqrcel 17,-6-14.2 should be excluded from all calculations and tables relatinqto the subdivision. Note that S. Dyer's o ergs pace needs to be assiq ed a lot number Lot Total Buildable Unbuildable Access Open Subdiv. Area of Lot TLand Land 00 to Shore Space Open Open Area (Wetlands, (not Space Space (ac) Existing includ. eligible for Subdiv Open unbuild PDR Space) able (Open Space- Subdiv. Open Space Total) n/a n/a n/a 2 n/a n/a n/a n/a n/a n/a 3 4 n/a Fn/a n/a 5 15.91 n/a Total T Subdivision Open Space is the result of clustering and is calculated by subtracting the buildable land area of each new lot in square feet from 80,000 sq. ft, the minimum lot size for the zoning district(80,000 sq. ft. — Buildable Land Area=Area of Subdivision Open Space). Subdivision Open Space is included in the Open Space Parcel as part of the 80% open space calculation, but the amount must be identified because it is not eligible for PDR. Note that clearing limits are not required on this parcel due to the lots having already been cleared in the past for agriculture. d. The redesign of the parcel must achieve a minimum preservation of 80 percent of buildable lands, at least a 60 percent reduction in density and a maximum 20 percent development area on the parcel. Staff: Done (though the lot areas need to be double-checked and accurately reflected in the Lot Area Table) Tuthill Conservation Subdivision StaffReport Page 10 of 34 e. Relocate one lot from the parcel to the North Dyer parcel. Staff: Done. f. Include the farm stand in the development area calculations and attach the farm stand to the open space area with a dashed line. Label this area "Agricultural Development Area". Staff: Done g. Label the open space area as "Development Rights To Be Sold Area". Staff: Done. However, a more accurate label is this: "Lot 5. Agricultural Lot The open space lot needs a breakdown of acreages noted on the actual parcel Lot 5 Area Area Agricultural Lot (sq. ft.) (acres) Buildable Land Unbuildable Land: Wetlands, bluffs, CEHA Unbuildable Land: Subdivision Open Space pre-existing) Subdivision Open Space (new) Agricultural Rights Intact Area (farm stand) Access Easement (to the bay) h. Remove the 38,850 sq. ft. and 16,166 sq. ft. areas shown on the plan. The subdivision open space, which equals 54,985 sq. ft. from the set-off of SCTM#1 000-17-6-14.3, will be accounted for in the development rights easement as part of the open space and is not allowed to be "landed" as a separate lot area. Staff: Done i. Show building envelopes on each lot with proposed setback distances labelled. Staff: Done j. Increase the width of the right of way to 30'. A turn around design for fire apparatus is required. Permissible designs include a 120' Hammerhead, an Alternative to 120' Hammerhead or a 60 Foot "Y". An illustration of each design is attached. Staff: Done partially. The turnaround is provided, and the section of the ri g ht of way on the S. Dyer parcel meets the requirements. Racketts Court reconstruction proposal is unclear on the plans, and may require a different design. See road and drainaqe plan comments and fire marshal comments k. Divide the right of way proportionately between the four lots. Each lot will own a portion of the right of way. Include the square footage of the right of way in the Lot Area Table. Staff: Done partially — Lot 1, as proposed, has no ownership of the right of way.. The lot line should be adjusted to own to the centerline of the right of wav where Tuthill Conservation Subdivision Staff.Report Page 11 of 34 it abuts the lot within the original parcel of South Dyer's property line. This is where the curve and the new section of Rackett's Court begins. I. Provide a name for the road. Staff: Done. Rackett J s Court (extending existing road) m. If residential access to the Orient Harbor is proposed, show a 10' wide shoreline access. Staff: Done. 10' wide access shown. Areas need to be shown in the Lot Area Table n. Add a notation "Refer to the corresponding Road & Drainage Plan, on file with the Southold Town Planning Department, for additional details and specifications for road and drainage construction. Staff: DONE REQUIREMENTS/EDITS/CORRECTIONS TO FINAL PLAT (in addition to those listed above) [1] Relabel the farm stand area "Agricultural Development Area" Conditional Sketch Plat pogo al Conditions continue below for South o. South Dyer Road and Drainage Plan i. Submit 6 copies of a Road and Drainage Plan that satisfies the requirements mandated through §240-21 Technical requirements. Staff: Done ii. Title the plans: Final Road and Drainage Plans. Staff: Done iii. A 30' wide right of way and a 26' wide load bearing surface is required. Utilities can be located under the road. Include a centerline profile and road cross section, utility detail and asphalt apron design on the plans. Staff: Done, partially. See item j. above. iv. Drainage for the road is recommended as passive swales or similar for the private access road. Contact the office of the Town Engineer to discuss alternative "greener" storm water control systems. Staff: Done. Requires review by Town Engineer V. Provide test hole data. Staff: Done vi. Show street trees on the east side of the proposed road where it is adjacent to the new lots. Street trees shall be planted 40' on center on each residential lot or submit a street tree fee in the amount for the total number of street trees calculated. Staff: Not done. Can be done as part of conditional final plat approval. vii, Show property boundary concrete monuments. Staff: Not done. Can be done as Part of cond itional final-plat approval. Tuthill Conservation Subdivision Slaff'Report Page 12 of 34 viii. Show fire well. The location and specifications will be provided. Staff: Not done. Can be done as part of conditional final plat approval. Additional corrections to South Dyer Final Road & Drainage Plan The following is based on the submitted final plans and the conditions from Sketch Plat approval. [1] Show the Length and Radius of curves in the right of way [2] Demonstrate, using a truck template, that a 39' emergency vehicle can navigate the curves in the road. [3] Remove the drainage easement from areas of the right of way that measure 30' in width (Lot 1 at the curves) if the drainage can be accommodated within the right of way. [4] Clarify the notation that shows 25' where the other notation states 24.75 . [5] Why is the drainage easement 5.25' wide? Is this because the right of way is only 24.75' wide? [6] Consider beginning the 30' wide right of way where Lot I begins. [7] RCA not allowed for road surfaces [8] Frame garage will have to be moved or removed. Add a notation both on the road Mrainage plan and the Final Plat [9] Fire Well Locations a. Racketts Court: 110' in from Rt. 25 on the east side b. Racketts Court: on the east side of the road at the northeast corner of Lot 3 (where it abuts Lot 2) [10] Show two road section designs (on page 1 of 3) a. One for where the right of way is less than 30' wide, (currently 430' +l-) b. One for the rest of the right of way where it equals 30' wide ( currently another 410+/-feet). c. Increase the pavement width to 20' and add 3' of hard-packed area to support a 75,000 lb. fire truck on either side. Tuthill Conservation Subdivision Staff Report Page 13 of 34 Noah Brown a. Title plat: b. Tuthill 80/60 Clustered Conservation Subdivision North Brown- Final Plat. c. Delete the Subdivision Report Table from the plat. Staff: Done (items a,b,c above) d. Show a Lot Area Table on the plat that includes the total lot area, the unbuildable lands, the area of the right of way and clearing limits both as a percentage and square feet. Staff: Table provided not clear. See below for recommended format North Brown Lot Total Buildable Unbuildable Right Open Subdivision Area of Clearing Lot Land Land of Space Open Space Open Limits Area (Wetlands, Way Area Space CEHA) eligible for PDR (Area of Open Space - Subdivision Open Space Area Total) 1 n/a n/a 2 n/a Na 3 n/a. n/a 4 n/a n/a 5 Total � l Area e. Extend the lot lines of 1, 2, and 3 to the northern boundary (tie line) of the parcel. This will eliminate the non-contiguous open space shown on the waterfront. Staff: Done f. Remove the notation "open space" north of the lots. A separate area of open space does not achieve the goals of this conservation subdivision. Open space must generally remain undivided. Relabel this area "Non-disturbance buffer". An alternative may be to redesign the lots to create a substantially contiguous open space lot that includes some of the bluff and beach. Staff: Done g Show building envelopes on each lot with proposed setback distances labelled. Staff: Done, requires correction — 50' front yards required where 40' Drovided on Lots 1-4* h. Re-locate the access road to the west property boundary. Consolidate the future curb cuts to State Route 25, if possible, through an agreement to share an Tuthill Conservation Subdivision Staff Report Page 14 of 34 entrance with the adjacent parcel to the west with the access flag (SCTM# 1000- 18-3-9.2 (vacant)). Staff: Done — road relocated to west side. No consolidation with neighbor is proposed. i Increase the width of the right of way to 30'. An alternative turn around design for fire apparatus is recommended. Permissible designs include a 120' Hammerhead, an Alternative to 120' Hammerhead or a 60 Foot "Y" as illustrated in the attachment. Staff: Partially Done. Turnaround was added- Righ t of way width only 25 j. Divide the right of way proportionately between the lots. Each lot will own a portion of the right of way. Include the square footage of the right of way in the Lot Area Table. Staff: Not Done. The ownership does not need to be evenly distributed amon st the lots. For this r)arcel, Lot 5 would own the length along he farm. and the HOA would have responsibility for maintaining it. And each lot in the north —their property lines should extend into the right of way adjacent (see SOUth Dyer for example of how this i done k. The Planning Board will permit one, common shoreline access to be constructed through the non-disturbance buffer to the Long Island Sound in the covenants and restrictions. Do not illustrate the access on the map. Staff: Not followed. A 10' access to the beach was added on the west side of Lot 1. Recommend removing it from the Final Plat as a condition of Conditional Final Plat Approval and leavin its location undetermined. Its future can be outlined in the covenants so future bluff conditions can be considered by the Trustees before choosing the best location. This is due to the applicant stating they had no intention of building this subdivision any time soon. I. Label the open space area as "Development Rights To Be Sold Area" Staff: Done. However a better label is needed: Lot 5. Ag ricu Itu ra i Lot with Residential Area. The open space lot on North Brown needs a breakdown of acreages noted on the actual parcel Lot 5 Area Area Agric_ulturall Lot ft.) (acres) Buildable Land Unbuildable Land.- Wetlands, bluffs, CEHA Retained residential area (development rights intact) I Subdivision Open Space (new) i R i ht of Way Tuthill Conservation Subdivision StaffReport Page 15 of 34 m. Show the maximum square footage to be cleared on each lot. The building envelopes cannot encroach into the areas that will remain un-cleared. Staff: Not done exactly or needs correction. On Lot 3, the clearing should not extend into the non-disturbance buffer beyond the setback on the north side. n. Provide a name for the road. Staff: Done. North Brown Lane. bleeds vetting by Town Highway Superintendent and Police o. North Brown Road and Drainage Plan i. Submit 6 copies of a Road and Drainage Plan that satisfies the requirements mandated through §240-21 Technical requirements. 11 Title the plans: Final Road and Drainage Plans. Ji. Provide test hole data. Staff: Done (items i., ii. & iii above) iv. A 30' wide right of way and a 26' wide load bearing surface is required. Utilities can be located under the road. Include a centerline profile and road cross section, utility detail and asphalt apron design on the plans. Staff: Not done. The right of way is shown as 25' wide. V. Drainage for the road is recommended as passive swales or similar for the private access road. Contact the office of the Town Engineer to discuss an alternative "greener" storm water control systems. Staff: Done (requires review by Town Engineer) vi. Show street trees or identify existing trees that would be acceptable as street trees on each residential lot. Planted street trees shall be shown 40' on center. Trees that are identified in lieu of planting must also be shown on the final plat. The designation of existing trees will require consultation with planning staff. Staff: Not done. Can be done as condition of conditional Final Plat Approval. vii. Show proposed locations of property boundary concrete monuments for each lot. Staff: Not done. Can be done as condition of conditional Final Plat Approval. viii, Show fire well. The location and specifications will be provided Staff: Not done. Can be done as condition of conditional Final Plat Approval. ix. Add a notation "Refer to the corresponding Road & Drainage Plan, on file with the Southold Town Planning Department, for additional details and specifications for road and drainage construction. Staff: Done, however this note shOUld have been directed to be on the Final Plat. referring to these road and drains plans. Move the note to Tuthill Conservation Subdivision Sta,f�f'Report Page 16 of 34 the Final Plat. Can be corrected as condition of conditional Final Plat Approval. Additional corrections & edits to North Brown Final Road & Drainage Plan: [1] Show the Length and Radius of curves in the right of way [2] RCA not allowed for road surfaces [3] Fire Well Location a. East side of North Brown Lane, 2030+/- feet from Rt. 25 [4] Road Width: Fire Marshal required 30' r.o.w. and 26' pavement a. Fire marshal stated they would allow first 1200' of pavement from Rt. 25 to be only 20' wide, with 20' x 50' long turnouts every 5003, though this would cause a 10' intrusion into the farmland. OFD did not agree with this being OK. They want the wider pavement throughout. b. Consider whether a variance from the Fire Code for the 26' wide pavement could be received from NY State for the majority of the road where there are no houses. Tuthill Conservation Subdivision Staff Report Page 17 of 34 South Brown a. Title plat: Tuthill 80/60 Clustered Conservation Subdivision South Brown — Final Plat. b. Attach Lot 1 to the open space area by replacing the solid line of the lot with a dashed line. Label the area as "Development Area". Staff: Done (items a. & b. above) c. Label the open space area as "Development Rights To Be Sold Area Staff: Done. Staff: Done. However more detail on the label is needed. Add acres of wetlands and amount of buildable land.,.and the amount of subdivision open space. The calculation for subdivision open space: 80.000 sq. ft. — Buildable Land of Development Area without the drivewaV flag. d. Clearing limits have been waived and therefore there is no need to provide calculations. e. Remove the Subdivision Report table from the plat. Staff: Done f. Show a Lot Area Table on the plat that includes the total lot area, the unbuildable lands, the Development Area without the driveway area, the area of the driveway, and the area of the Development Rights To Be Sold Area. Staff: Done g. The proposed width of 15' for the driveway is permissible. It is recommended that passive drainage is designed to manage stormwater. Staff: Done, however new fire code re u ires there be one 50' long, 20' wide turnout about 500' in from the road. h. Show proposed locations of property boundary concrete monuments for the development area. Staff: Done, however will need to be redone if development area moved to new location. i. Fire protection will to be determined by the Orient Fire District and details will be proved to you in the future. Staff: We did not receive a location for the fire well from Orient Fire District due to the possibility that the development area will be moved from its current location. REQUIREMENTS/EDITS/CORRECTIONS TO FINAL PLAT (in addition to conditions above) [1] Final Plat does not meet Town Code §240-50 Floodplains, which states the following: Land that lies within a floodplain or zone or directly contributes to the watershed of that plain or zone by way of a swale shall be left in its natural state. Note that the land through which the driveway of the proposed development area is shown to run through is a floodplain, FEMA Zone AE -- the Special Flood Tuthill Conservation Subdivision Staff Report Page 18 of 34 Hazard Area. It is not advisable for this development area to remain as proposed as this location runs contrary to Town Code, as well as good planning. 1) Test Hole: Water encountered at 6.5' in 2016. Note that the map notation states "Proposed Test Hole", however the notation showing the Test Hole results states that the test hole was completed. 2) Elevation: The proposed development area is at a very low elevation — close to 5' near to edge, and less than 10' throughout making it very vulnerable to future coastal flooding. Figure: 1 foot contour map of South Brown proposed development area 4D 2 2 3 f3 b I 5 o ra 3 Tuthill Conservation Subdivision Staff Report Page 19 of 34 Elevation continued: The northern portion of South Brown parcel is at higher elevation (13 to 19 feet), and more suitable for the location of the farm's development area. Figure: 1 foot contour map of South Brown's northern area r t s� 1-7 r FEMA Flood Zones. While only a portion of the development area is in the flood zone AE, much of the driveway is in it, and this will increase over time as sea level continues to rise. Tuthill Conservation Subdivision Staff Report Page 20 of 34 Figure: FEMA Flood zones. Suffolk County GIS Viewer GIS VIEWER Sutfolk County,NY ELF ckwt-Jr.I 0,tit'. s .. . %r or 041co Data Layers EIJVlRpNPAIrNTraL FEMA root!Zones Flood Zone Ground Water ' ❑ Management •-- L,,_ Zones 10 Peconic Esturary ❑ Program +_• _ Boundary AE FEMA Flood Zones RECORDS Special Tdx Parcels ❑ Groundwater - Prolection Areas REFERENCE 7685 Narrow ❑ Colleges ❑ Churches __-`A_,-.. Tax Map-t:10 PARCELID ADDRESS CITY ZIP CODE ACRE CALCUL LAND USE CO OWNER 7 'e cl CF.,gq the reap V 1} Flooding from storms: Further evidence that the proposed development area is located in a high-risk zone for flooding can be seen in the SLOSH maps. These are also on Suffolk County 3s GIS viewer, and based on improved knowledge about flood risks from storms. a) Suffolk County Government SLOSH maps for Suffolk County are interactive tools showing potential hurricane storm surge flooding, using the National Hurricane center's SLOSH (sea, Lake, and Overland surges from Hurricanes) model to predict inundation zones for different hurricane categories, helping identify the risk and plan evacuations for coastal areas b) Predicted Flooding: Maps overlay SLOSH model data (predicting water height) with ground elevation data to show which areas are likely to flood. c) Varying storm Strengths; They depict scenarios for different hurricane intensities (Category 1-4) with high tide factored in. d) zones: Areas are color-coded to indicate increasing flood risk from storms. e) Note that the development area for south Brown could be flooded by even a category 1 hurricane. Tuthill Conservation Subdivision Staff Report Page 21 of 34 Figure: Flooding from storms: SLOSH Map from Suffolk County GIS Viewer a"47 v F.nd address o'Oace0 r Data Layers ENVIRONMENTAL SLOSH Zones ;i ZONE A ❑ Sewer Manholes ••• ` Suffolk Countyf ❑ Buildings Building Footprints .. ENVIRONMENTAL ••• RECORDS Tax Parcels SLOSH Zones .•. Freshwater Wetlands ❑ Tidal Wetlands ••• 7685 Narrow ❑ Pine Barren Core •.. ❑ Pine Barren CGA ••• Tax Map 10 PARCEL ID ADDRESS CITY ZIP CODE ACRE C4LCUL LAND USE CO OWNER .t_•-clicking the map v 2) Sea Level Rise increases flood risk over time: sea-level rise is well- documented as occurring and continuing. This is in addition to the current flood risk, meaning future flood risk is much higher as time goes by. The National Oceanic and Atmospheric Administration (NOAA). The NOAA Sea Level Rise Viewer is useful in visualizing the flood hazard over time. https:llcoast.noaa. oy/data/di-qitalcoastlpdf/slr-f � In the model using intermediate rates of sea-level rise, in the year 2070 it is predicted that sea level will rise 2.5 feet from where it is now. The effect in the area of south Brown will be that Narrow River Road is flooded in the north and certain south sections, becoming impassable to the north. Tuthill Conservation Subdivision Stafffit eport Page 22 of 34 Figure: Sea Level Rise. Year 2070 model -zoom in to development area R S a �P # •._ — y t i' f � :. 4 tare Vw i qk" wk i Ik CL 41 IA 4 a y� - 'tl F «. u s a IR s i yy ' AA i. I�rT r ry Ck OrC hOtd 1 k a $ t L � y, ^Pe �r U �dL .. �_ r - 49 a �z i Tuthill. Conservation Subdivision Staff Report Page 24 of 34 In the model using intermediate-high rates of sea-level rise, in the year 2100, it is predicted that sea level will rise 5 feet from where it is now. The effect in the area of South Brown will be that Narrow River Road is flooded and impassable. Figure: sea Level Rise. Year 2100 model — zoomed in to development area r ! T Y -:� 4��t ice' •' '�- _- ,� _ ' 'NN4 -" YF r• r ` 9" •, i "d . 1 a i i f it IL % OKI, IF j aF • 4, • .. • �� + tom, ° r F M t+ 46 le • �+ kk F ' A—h F r F _ Ja F F Y . Tuthill Conservation Subdivision Staff Report Page 25 of 34 Fi ure: Sea Level Rise. Year 2100 model --zoomed out to all Narrow River Rd. i . �o y,M.� .cgs ■ - • r _ 4 ._ IVIO ' F k, ,-4L jp i r1 y 1 • � R• � - - .L. f 1JRr u. E� l�Y IMF f } 9 i. +b- ; e 41 # t . r 3) Southold Town Comprehensive Plan. Moving the development area out of the floodplain is consistent with the Town's Comprehensive Plan. Goal 1 of Chapter 12, Natural Hazards, which is to Mitigate the effects of natural hazards to achieve coastal resiliency, protect public safety and reduce economic loss. Tuthill Conservation Subdivision StaffReport Page 26 of 34 The following numbered items return to the Conditional Sketch Plat Approval list of conditions, and apply to all the parcels and the subdivision overall 6. Two copies of a cost estimate of public improvements required under Articles IX, Bonds and Other Security and X, Required Public Improvements; Inspections; Fees will be required to be submitted during the Final Plat application review. Staff: This will be done as a condition of Conditional Final Plat Approval. And it may be deferred and placed in the covenants instead if applicant has no intention of buildinq roads any time soon. 7. During the Final Plat application review, attain coverage from New York State Department of Environmental Conservation (NYSDEC) under the Phase 11 State Pollutant Discharge Elimination System (SPDES) Program. Submit the NYSDEC SWPPP and NO[ submission directly to the Department of Environmental Conservation for their review and approval. A copy of the SWPPP must also be submitted to the Town Engineering Department prior to any commencement of construction and/or the beginning of work. Staff: This will be done as a condition of Conditional Final Plat Approval. And it rna be deferred and placed in the covenants instead if applicant has no intention of buildilig any time soon. 8. The October 20, 2014 Southold Board of Trustees memorandum indicated that the proposed action is not within their jurisdiction except for shoreline access. A future permit from the Board of Trustees for shoreline access paths and structures will be required prior to construction. 9. Submit a Tidal Wetlands Permit, as required by the New York State Department of Environmental Conservation (NYSDEC). Application directly to the NYSDEC is required during the Final Plat application review. Staff: This needs to be done — potentially as a conditions of Conditional Final Plat Approval, but could also be done sooner in case they have any issues with the design. 10.A NYSDOT Highway Work Permit will be required for work within the NYS Route 25 right of way. Application directly to the NYSDOT is required during the Final Plat application review. Staff: Where new roads intersect with State Rt 25, the design of the road apron will need to meet DOT approval. A referral was done in 2014 and some preliminary comments received. No referral has been done yet showing the redesign of Rackett's Court. See DOT section in item D below. These design requirements for the road ends may have some small impact on the amount of development area. 11.Submit agreed upon draft covenants and restrictions. A draft template that meets our Town Code will be provided by the Planning Department during the Final Plat application review. Staff: This needs to wait until we have the revised Final Plats so it will be a condition of Conditional Final Plat Approval. Tuthill Conservation Subdivision Staff Report Page 27 of 34 12.A Park & Playground fee of$45,500 (13 x $3500-00) pursuant to §240-53 G of the Southold Town Code, will be required to be submitted prior to Final Plat approval. 13.An Administration Fee in the amount of$34,000 (17 x 2000.00) or 0% of the combined performance guaranty estimates, whichever is greater, pursuant to Southold Town Code §240-37 Administration fee may be required to be submitted prior to Final Plat approval. Staff: Items 12 & 13 above will be conditions of Conditional Final Plat Approval. Tuthill Conservation Subdivision StaffReport Page 28 of 34 B. Comments from Involved Agencies, Final Plat Public Hearing & Planning Staff 1. Land Preservation Committee a) North Brown * Size & Location of Lot 5 are highly likely to create an estate lot that is not viable for future commercial agricultural production. * Increase the size of Lot 5 development area to 80,000 sq. ft. Current size at 1/2acre is too small to support farm house and farm operations * Relocate Lot 5 development area closer to Rt. 25 b) South Brown: * Size & Location not practical for future commercial agricultural production. a Increase Lot 1's development area to 80,000 square feet. 9 Relocate Lot 1 to the north portion of the parcel c) Note that South Dyer's development area is recommended to stay at Y2acre due to public scenic viewshed benefits. 2. Fire Marshal Meeting with Fire Marshal & Chief Building Inspector, Planning Director, Senior Planner & Planner on October 28, 2025 a) North Dyer Approved of the proposed 30' wide right of way with the 26' wide paved surface. b) South Dyer Rackett's Court: 26wide surface to support a 75,000 lb fire truck. Can be 20' pavement, 3' either side of hardpack support that could be topped with grass. (Currently shown as partially meeting this requirement). The garage shown in the right of way must be moved or removed outside of the right of way c) North Brown: 30' right of way required entire length, along with 26' wide pavement (currently shown at 25' wide with 20' pavement) d) South Brown * 15' driveway allowed * A turnout to support a fire truck with the dimensions of 20' x 50' along the driveway every 500' is required for driveways over 500' long. One will suffice about halfway up the driveway. * Sprinkler system for house may remove the need for turnout e) All parcels: Show fire well locations on road & drainage plan as directed by Orient Fire District f) For all the roads, a variance can be sought from the fire code from NY State to allow for a narrower right of way and/or narrower pavement than prescribed§. Tuthill Conservation Subdivision StaffReport Page 29 of 34 3. Orient Fire District (OFD) Meeting with Fire District Commissioners Dec.16, 2025 by Planning Dept. a) Fire Well locations noted on the plans for North Dyer, South Dyer and North Brown (noted that if a fire well that can provide the required amount of gpm isn't possible on North Brown, a tank would be required instead (20,000 gallon cistern). b) Support North Brown right of way at 30' with 26' pavement entire length c) Demonstrate the radius of curves in all roads accommodate fire equipment up to 39' in length. t d) South Brown —to be sent back to OFD for review once new development area location is known. 4. Town Engineer Note for all Final Road & Drainage Plans in this application. 0 The Final Road & Drainage Plans are still pending review by the Town Engineer to determine if they meet Chapter 236 Stormwater Management. 0 Due to the design of the roadway not meeting Town specifications exactly as shown in Town Code §161, the Town Engineer will not be reviewing the proposed new roads to Town Code other than for drainage. 0 Instead, we require the applicant's engineer to provide a report specifying how this design meets Town Code Chapters 240 & 161 Highway Specifications, and where it deviates from those and why. For example, the turn-around is not the code-required cul-de-sac, because the Planning Board is allowing a different design as allowed by Fire Code. 0 Drainage review will be done by the Town Engineer after revised Final Plats & Final Road & Drainage Plans are received. 5. NYS Office of Parks, Recreation & Historic Preservation a) SEQRA FEIS & Findings Statement: i. OPRHP called for more testing of North Brown and South Brown, however the Planning Board, at the time, did not require additional tests, and instead placed conditions that future testing prior to excavation would be required. This was in response to the testimony from the applicant that it is unknown when construction on the lots would commence. The applicant acknowledged the risk of proceeding in this way, and that if archeological artifacts or a burial site is located where one of the lots is proposed, the lot may be partially or wholly unusable. ii. Conditions in the Planning Board's SEQRA Findings: The following conditions shall apply to all and any ground disturbance on the North and South Brown parcels and shall be recorded in the Final Plat resolution, Covenant and Restrictions and Town of Southold inter-departmental Municity database. Ongoing or future agricultural operations and practices shall be excluded from the conditions. Tuthill Conservation Subdivision Staff Report Page 34 of 34 North Brown a. A Phase 1 B cultural survey shall be conducted within the areas identified and flagged during the July 2, 2019 Native American consult and field inspection. No ground disturbance within these areas shall occur prior to completion of the survey and the findings are published and made available to the Tribal Council of the Unkechaug Indian Nation, the Shinnecock Indian Nation and any and all parties who wish to receive a copy. b. Agricultural operations or practices conducted in the open space areas as shown on the Final Plat are excluded,fr°om the above conditions. South Brown a. A Phase II investigation to evaluate the site for eligibility fog listing in the State National Registration of Historic Places shall be conducted by the landowner or future landowners prior to any ground disturbance. b. A Phase IB archaeological survey of the proposed route of the driveway to Lot 1 shall be conducted by the landowner or future landowners prior to any ground disturbance. c. Agricultural operations or practices conducted in the open space areas as shown on the Final Plat are excludedfiom the above conditions. b} Phone Conversation between Planning staff and OPRHP on October 23, 2025 (Tim Lloyd) Purpose of call to find out more about recent concerns voiced by the Southold Indian Museum and Chief Harry Wallace over the lots from this subdivision potentially being an burial sites. i. 2022 law: Unmarked Burial Site Protection. This subdivision does not fall under the Unmarked Burial Site Protection Act because that law does not apply to actions that require a state agency review and this will require a SPDES permit from DEC. ii, Data from the museum submitted to OPRHP in 2022 with additional information about Orient burial sites: Three of the four parcels (all but South Brown) were found to have the development proposed in places where no traces of burials were found to date, so they were declared to be OK for development, except that North Brown's road location and Lot 5 might need some testing since they weren't shown in those locations on the original plans. iii. Depth of test pits in the original archeological study of North Brown — concern over the depth being too shallow: OPRHP found the test pits' depth to be generally acceptable except as described below. Tuthill Conservation Subdivision Staff Report Page 31 of 34 iv. Based on information from the Indian Museum, OPRHP is not expecting any burial or other important archeological sites where the lots are proposed on all but the South Brown parcel. V. South Brown o New information received from Indian Museum in 2022 has caused them to be more concerned over the South Brown proposed development area and driveway. It would be ideal if the development area was moved to the north part of the parcel due to native American village evidence found in the vicinity of the current proposed location. o Some additional testing will be required. o Could potentially be done after subdivision approval, with the risk that a site might be found to be unbuildable. vi. North Brown: o Resubmit the Final Plat to the CRIS system (OPRHP) once the issue of the road width is confirmed and redrawn (if necessary). o The new location of the road and Lot 5 development area on North Brown will be subject to a Phase 1 B (test pits). o New information such as the depth of future foundations for homes accommodating more modern basements with 10' ceilings may require some deeper holes where the lots are proposed on North Brown — suggestions to send someone out to do three or four deeper holes (these holes could stop once the depth to sterile soil is found). o There could be a requirement to have an observer on site during excavation from the Nation — Chief Harry Wallace said they could have someone attend the excavations when the time comes, if it waits until actual construction. vii. North Dyer o The new Final Plat was submitted to the CRIS system showing the additional lot added from S. Dyer. o No issues reported on this or S.Dyer relating to archeological resources. c) Wait on the revised Final Plats before submitting to CRIS for the other three parcels, and before determining where (or if) to dig. This will provide a more cohesive recommendation in writing from OPRHP. d) Note that experts at the State said that ground-penetrating radar is very limited in its usefulness, and when the area is wooded, it is next to useless due to tree roots. More useful in open fields, but isn't typically used. 6. NYS Department of Transportation {NYSDOT) a) Letter dated: October 17, 2014 • The proposed roads will need State DOT Highway Work Permits to be constructed Tuthill Conservation Subdivision Staff Report Page 32 of 34 * Due to construction being in the future according to the applicants, receiving actual Highway Work Permits would not be required until it was time to do the work. * Applications to the DOT prior to Final Plat Approval, however, is recommended to ensure the places where the proposed road meets Rt. 25 have the proper dimensions to meet the DOT requirements. This can be a condition of Conditional Final Plat Approval, or could be done in the interim since the locations of the three new roads are likely not changing. * Some items that would need addressing include designing the intersections with Rt. 25 so they meet the DOT requirements include the width of the new road where it meets Rt. 25 — required to be 50'. Their design manual would need to be consulted by the applicant's engineers for more detail. b) Planning staff recommends a discussion between Planning and DOT to find the best way to procee, 7. Public Hearing on the Final Plat held: April 7, 2025 a) South Dyer: * Concern over the noise and odor from oyster sorting behind the farm stand a Concern over the applicant's proposed covenants, with the focus mainly on South Dyer. Concern over large events, agritainment, and vehicle storage, and negative effects on scenic vistas. e Concern over the use of Rackett's Court and proposed changes to it Staff Note: Covenants are set by the Planning Board based on Town Code, and conservation easements on the open space are also based on Town Code with limits on the types of activities allowed. b) Generally. Concern over effects to the aquifer from future development. C. Summary of Major Design Changes Required & Recommended These are changes that may require a change in the location of some of the development areas and potentially in the number of lots. These changes to the Final Plats need to be confirmed and completed prior to the smaller details being decided and/or completed. 1. North Dyer a) Common Driveway width —expand it to 25' flag as per town code §'151. Note: Town Code requirement 2. South Dyer— no major design changes required. Tuthill Conservation Subdivision Staff Report Page 33 of 34 3. North Brown a) Right of way width —expand to 30' or seek a variance from the Fire Code for some of the length of the road to be less than 30' and less than 26' wide pavement. b) Lot 5 Development Area — expand to 80,000 sq. ft. and move closer to Rt. 25 Note: Land Preservation Committee recommendations are decided by the Town Board when making an offer for development rights. Development rights sale is a requirement of a conservation subdivision. 4. South Brown a) Development area —expand to 80,000 sq. ft. (excluding driveway area) Note: Land Preservation Committee recommendations are decided by the Town Board when making an offer for development rights. Development rights sale a requirement of a conservation subdivision. b) Location of development area recommended to be moved to northern portion of the parcel for several significant reasons. 1) Town Code requirement to leave flood-plains in their natural state (Chapter 240-50) 2) Flood-risk exacerbated by sea level rise. Extreme tides and sea level rise likely to functionally landlock the development area in future. 3) Southold Town Comprehensive Plan Chapter 12, Goal 1 — mitigate effects of natural hazards to achieve coastal resilience. 4) Land Preservation: recommends moving due to disconnect of agricultural land from the development area in addition 5) NYSOPRHP — Native American Village location — better to move the location of development away from this area. D. Other Issues 1. Scenic easements exist on the lots now. The will all need to be extinguished to be a valid subdivision otherwise the land is encumbered already. This can be a condition of Conditional Final Plat Approval, 2. Road widths less than 50' will need sign-off by Highway Superintendent as outlined in Town Code § 161-15 Construction specifications. This can be a condition of Conditional Final Plat Approval. Tuthill Conservation Subdivision Staff Report Page 34 of 34 E. Items for Planning Board Consideration 1. North Brown Lor 5 size and location of development area Can wait for a firm answer from Town Board on this. 2. South Brown size of development area Can wait for a firm answer from Town Board on this. 3. South Brown location of development area (see item CA. above for a summary of the rationale for moving it to the north portion of the property). 4. Right of way and pavement dimensions — if a variance is requested from the State by the applicant: a) Will the Board support a 25' right of way width (as per Southold Town Code §161-15 Construction Specifications for conservation subdivisions? b) Will the Board support a corresponding narrower pavement width? 5. Conditional Final Plat Approval a) Code requires a decision with time limit of 62 days past the public hearing. b) Public hearing: >62 days since it occurred. c) Conditions can reflect open issues including Town Board sign-off on lot design for the purchase of development rights (e.g. North Brown Lot 5 location and size, South Brown size). d) Review for draft conditions at next Planning Board work session OFFICE LOCATION: A A LING ADDRESS: Town Hall Annex AN P.O. Box 1179 54375 State Route 25 Southold, NY 11971 ( ear.Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY w-ww.southoldtow:nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 3, 2025 Mr. Donald Sayre Orient Fire District 23300 Main Road Orient, NY 11957 Re; Request for Review on Proposed Conservation Subdivision Roads Tuthill Oysterponds Holding company SCTM# 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 & 18-6-17.3 Dear Mr. Sayre: 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. We would like to meet with you to discuss this application at your earliest convenience to review the road design and specifications. In summary, the proposal is for an 80/60 conservation Subdivision of four parcels SCTM#s 1000-17-4-16, 1000-17-6-14.27 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. 0 SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 7 lots and a new private right-of-way. SCTM##1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots with a redesign and extension of Rackett's court to serve the new lots. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots and a new private road to serve the lots. Tuthill Oysterponds Holding Co. Page 2 November 3: 2025 • SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres, with a development area for one house proposed at the end of a long driveway from Narrow River Road. Please contact me or Jessica Michaelis at the Town Planning Department at (631)765- 1938 to find a time for us to meet. We look forward to hearing from you at your earliest convenience. Thank you for your cooperation. Sincerely, 7I ti 1 + Heather Lanza, AICP Planning Director Encls.: Subdivision Final Plats Subdivision Road & Drainage Plans 4 r 2 2 20 2 5 SOUTHC)LD TOWN PLANNING BOARD To: Land Preservation Committee Cc: Town of Southold Planning Board (via Mark Terry, Assistant Town Planning Director) From: Carol Tuthill, Managing Member of the Tuthill Oysterponds Holding Company Re: The Land Preservation Committee's Review of the Tuthill Oysterponds Holding Company's Conservation Subdivision Final Plat Application. Date: Friday, July 4,2025 After reviewing the Land Preservation Committee's May 7, 2025 letter to the Town Planning Board, we appreciate that the Land Preservation Committee supports our December 2024 Conservation Subdivision Final Plats on North and South Dyer, however, we were surprised and disappointed to learn that the LPC does not recommend acquisition of development rights on the North and South Brown parcels. This is a significant development that compromises the viability of our Tuthill Conservation Subdivision Application. We have already invested considerable time and money for the various studies required to submit our 4 parcel Conservation Subdivision application. Further we have followed the guidance and input of the Land Preservation Committee and the Planning Board with the understanding and expectation that we would receive PDR offers on 3 of the 4 parcels included in our Subdivision Application. North and South Brown represent approximately 73%of the PDR eligible acres and without this income it is highly unlikely that the Tuthill Conservation Subdivision remains viable. The money from the PDRs is essential to help cover the costs of completing the Subdivision project. Additionally, it is important to us that our subdivision application continues to include all 4 parcels because of the synergies this provides. The Tuthill Conservation Subdivision is a family project with the goal of being good stewards of the 4 Orient parcels, which total 112 acres, that have been in our family for over 200 years. Our intention is to keep the land in the family for perpetuity by deeding the lots with a requirement that no lots can be sold to anyone outside the family until every living descendent of John Brown Tuthill has the opportunity to buy the lot. Importantly, we are not a Development Company with deep pockets to easily fund such an extensive and expensive project. Our Holding Company is comprised of only 10 family members. As such, the PDR offer is critical to help fund the Conservation Subdivision project. We would appreciate clarity from the Land Preservation Committee and the Planning Board regarding their intentions and ability to make a PDR offer for the Tuthill Conservation Subdivision. If the Town no longer has the intention and/or ability to make a PDR offer on South Dyer, North Brawn and South Brown, as part of our Conservation Subdivision Application, please extend us the courtesy of informing us of your decision so that the Tuthill family can consider other options for the 4 parcels. ver *e `BuIldatig,&Lej,AjjLd,a r"oxi'mate Acres E!iglibl cries by Parcel' Buildable %Total Buildable Approx PDR ElJi,gibe %of D Eligil"ble North Dyer 12.3 17.5% 0% 0% South Dyer 15.54 22.1% 15.54% 26.8% North Brown 21-34 30.4% 21-34% 36.9%* South Brown 21.03 30.0% 21.03% 36.3%* Total 70.21 100% 57.91% 100% *NB+SB=73.2% We hope that the additional explanation and context outlined below shows our effort to follow the Land Preservation Committee and the Planning Board guidance on acceptable lot placements to be eligible for a PDR on both North and South Brown and justifies our December 2024 Final Plat Submission. 's, Gg-d"np,Prilncipl. Maximizing preservation of economically viable farmland agricultural e,,: Max prime soils, active cultivated agricultural areas, and, where applicable, scenic viewsheds. The information below shows what we have done in supporting the LPC's Guiding Principles. No tb, r,:This parcel is not suitable for farming due to the varied topography, numerous large granite boulders, and mature vegetation on significant parts of the property and throughout the parcel. We moved 3 development rights from South Brown and 1 from South Dyer to the North Dyer parcel, which enabled preservation of 95%of the buildable acres on South Brown and 80%on South Dyer, as well as the prime agricultural soils on these parcels. North Blir :The LPC "cannot recommend public acquisition of development rights on North Brown where both the size and location of Lot 5 are highly likely to create an estate lot that is not viable for future commercial agricultural production". We would like to challenge this recommendation based on the following: The proposed location of Lot 5 was one of the 3 options the LPC supported in their September 15, 2021 letter to the Planning Board. The proposed Lot 5 maximizes the viewshed of Hallocks Bay to the South, with allowable tree trimming, similar to the view sheds of the Brown's Hill homes directly to the east of our parcel. The size of Lot 5 (20,679 s.f.) was proposed in conjunction with the expectation that the existing barn located on the Main Road would continue to be used for agricultural operations. Since the Latham family farms all 3 of our farmed parcels and the produce is all sold from the farmstand they have on South Dyer, we think having an additional farm stand / retail operation on either North or South Brown would likely be burdensome to the Lathams or future farmers. Increasing the Lot 5 development area to 80,000 s.f. would require decreasing the the development area by 59,321 s.f. This would be taken either from land that is actively farmed or the mature woodland area that includes both prime soils and soils of statewide importance, neither of which is in line with the LPC's Guiding Principles. The family is opposed To moving Lot 5 to the Main Road due to the loss of the viewshed to Hallocks Bay. Also, moving Lot 5 to the Main Road has design complexity due to the proximity with the 100+year old barn that supports agricultural operations. It also has privacy and traffic noise issues. None of the 5 proposed house lots reduced any of the areas that are currently farmed, nor any areas that would be suitable for expanding farming on this parcel in the future. Several farmers have assessed the viability of expanding the farmed area to the north and they all concluded that the topography, buried horses and boulders make this area impractical to farm. By pursuing a Conservation Subdivision versus a Standard Subdivision, we gave up our rights to have 7 more lots on North Brown. In net, we feel a PDR offer is justified on North Brown. South,,,gtowm "'The LPC does not support Lot 1's size, location, or design as a flag lot from Narrow River Road and it would not recommend public acquisition of development rights on the proposed preservation area as currently designed." We would like to challenge this recommendation based on the following: * The LPC supported the Lot 1 location in their September 15,, 2021 letter to the Planning Board: "the LPC would support this location (Lot 1) only if it is designed as a development area permanently attached to the land that is to be preserved." Our Dec 2024 Final plat followed this guidance and Lot lis permanently linked to the land that is to be preserved. * Lot 1's size is 40,004 s.f. and this sufficiently supports a home and farm operations. The LPC's proposal to increase this to 80,000 s.f. would require reducing the area of farmed land by 40,000 s.f., which conflicts with the LPC's Guiding Principles. * Lot 1's location allows for the possibility of a scenic view shed of the farm to the south and to Hallock's Bay in line with the LPC's Guiding Principles. The concern that Lot 1's flag driveway design could be impeded by flooding and tides can be mitigated with construction of dikes and other measures employed by the nearby Narrow River Road Marina/residence and the Southold Town Public Launch. Further, Lot 1's flag driveway will support farm equipment access to the parcel. • The South Brown parcel's fresh water wetlands, located in the center of the parcel, already divides the linked development area from existing agricultural production. The location of Lot 1 would not have an impact on the fresh water wetlands division of the linked development area from the existing agricultural production. SL,o.. We believe the proposed design is in compliance with the lots allowed in an 80/60 Conservation Subdivision and the total development area is within the guidelines allowed in an 80/60 Conservation Subdivision: 0 #of proposed lots =4, the maximum allowed * Total development area is the maximum allowed. The proposed 10' wide residential Bay Access is located within the proposed lots or in a manner that maximizes preservation of prime soils and agricultural users. The 80% preservation area being offered to the Town for development rights purchase excludes all development area for residential and farm uses. Since the LPCs conclusion was to support the proposed design shown on the December 30,, 2024 Final Plat, it is not clear why there was a need to include in the letter that it would not recommend public acquisition of a development rights easement on this property if...it didn't meet the requirements of a Conservation Subdivision. it is important to the Tuthill Family that the Town supports us when we are abiding by the rules and meeting the requirements and not providing any basis for misinformation that could damage our family reputation. We hope that this additional explanation, context, data and diligence to follow closely the Land Preservation Committee and the Planning Board guidance on acceptable lot placements to be eligible for a PDR on both North and South Brown justifies our December 2024 Conservation Subdivision Final Plat Submission. We have been diligently working on this project for 18 years and we are eager to finalize our 80/60 Conservation Subdivision and begin implementing our plans to preserve this precious land in Orient. Prepared by: Carol Tuthill, Managing Member, Tuthill Oysterponds HJolding Co. Julia Tuthill Mulligan, Member Tuthill Oysterponds Holding Co, "tl Southold Indian Museum Owned and Operated by the Long Island Chapter _.� M New York State Archaeological Association ' southoldindianmuseum.com � iC LEI' V [E I�AY t g gin; SUPERVISOR'S OFFICE May 13, 2025 104VNOFSOUTHOI.fi The Honorable AlbertJ. Krupski Jr, F15f Hj- 1 MT Southold Town Supervisor 712(7777/7 7) 53095 NY-25 MAY 19 2025 Southold, NY 11971 SMHr3i...0 [OWN PLANNING BOARD Dear Mr. Krupski and Southold Town Board: I enjoyed visiting with you at they Southold Indian Museum recently. On behalf of the Southold Indian MuseUrn Board, i thank you for taking the time to meet us and discuss information relevant to local Native American archaeo[ogical sites. As a follow-up to our discussion of the site located at Browns Hills in Orient,we prepared a brief Fact;sheet containing details about the site and published reports related to study of the area (enclosed). 1Ne believe this site information may "e1 pertinent to the current Tuthill properties decision_ While the full site records vve,e scanned into the SHP0 database by Timothy Lloyd in 2018 and have already been available for review there,we believe that this sumn-,ar� will be helpful in navigating thr'Ough the more detailed site record in the database. Fin3tly, we have prepared a new digital.resource regarding the Browns Hills site which we could make av,aitablke to panning officials who would like to vie'o it at our museum. We are happy to serge as a source of information regarding sensitive Native American sites in Southold Town, and we wel:.un;e cluestions fro.--n Southold Town oflitcials or survey archaeologists who may wish to review more detailed information while assessing new development activities. Sincerely, s Dr. Lucinda Henimick, President. Long Island Ct,apter, NYSAA Owner/Operator, Southold Indian Museurn P.O.Box 268 Southold,NY 11971 631-765-5577 indianmuseum@optonline.net Southold Indian Museum Owned and Operated by the Long Island Chapter New York State Archaeological Association southoldindianmuseum.com ry Fact Sheet Orient Browns Hills Terminal Archaic Native American Burial Sites This document presents a summary of information relevant to Native American burial grounds Located in Browns Hills in Orient, New York. Beginning in the 1930's, Roy Latham, one of the founders of the Long Island Chapter of the New York State Archaeological Assa::iation (NYSAA) sought permission from the landowners to excavate the Browns Hitls area after reports of Native American artifacts being found in the area during the construction of a Boy Scout log cabin on one of the hills. Test pits in the hills indicated numerous ritual cremation burials associated with copious amounts of red ochre and terminal Archaic period grave offerings. The terminal Archaic period of occupation, often termed the Transitional Period (as northeastern Native American cultures adopted more Woodlands adaptations), ranges in time from 3700 to 2700 years BP. l-atham soon discovered that these burials were related to similar hill burials across eastern Long Island, The related sites included Sugar Loaf Hit((a glacial kame on the South Fork) and Sharper's Hill(near Jamesport on the Nort1 Fork). Long Island NYSAA chapter members performed excavations at all three rill sites over the next decade, recording their findings with field notes, photographs, draWirlgs, and maps (entire site records available in digital form at the Southold Indian Mraseum and in scanned SHPO files). Latham quickly communicated his Findings to New York State Archaeologist William A. Ritchie. Ritchie incorporated the Long Island site information from Orient, Sugar Loaf, and Jarnespoit into several book publications (1,2.) and later visited the Long island hill burial sites in the 1950's, personally performing independent excavations and analysis. In 1958, charcoal carbon samples from,the Orient site were submitted to a national carbon dating facility and dated to 2900 BP +/- 250 yrs (3). 7ue to NYSAA's local Chapter efforts, collaboration with Ritc"ie, and work with the Town of Southampton, Town of Riverhead, and Peconic Lend 'i"rust, the Sugar Loaf and Jamesport hill buriat sites are now permanently preserved. However, no preservation efforts Have yet been undertaken for the Orient sites in the Town of Southold based on archaeo(c5;icat records. Additional.detailed information for these; sites can be found in subsequent Ritchia and Latham public'ntio (4-6). The area surroundinc-T the drowns Hills site described in ttlis fact sheet is currently under consideration for development (a final Plat review was presentea at,q ;public hearing of the Town of Southold planning board on Apri(7, 2025). A Tracker phase 1A survey performed at the site area in 2011 P.O.Box 268 Southold,NY 11971 631-765-5577 indianmuseum@optonline.net located a "transitional-style burial with cremation, [an]artifact cache, red ochre [and a] possible bone bundle at deep level."This is completely unsurprising given the long record of professional publications available regarding the Browns Hills terminal archaic burial site. We note that Town officials may be open to requiring additional archaeological survey work at the Browns Hills area,which is certainly warranted given the long recognition of this site as a documented example of Long Island terminal Archaic hill burial culture. Our Chapter is surprised by the lack of inquiries by the Tracker archaeological survey company. If the Tracker representatives would like to visit the Southold Indian Museum in person, we would gladly provide their experts access to our detailed records of the site, which were also scanned and uploaded to the digital site records of the State Historical Preservation Office (SHPO) by Timothy Lloyd in 2018. In summary,the Long Island Chapter of the NYSAA supports preservation of the Browns Hills area of Orient based on archaeological evidence datingfrom the 1930's available in published reports. Please contact us if we can be of service to the preservation efforts in this area. Sincerely, Lucinda Hemmick, President Long Island Chapter, NYSAA Owner/Operator, Southold Indian Museum 1080 Main Bayview Road, Southold, NY PO Box 268 Southold, NY 11971 !ndianmuseum@optonline.nct 631-765-5577 References 1. Ritchie, William A. "Recent Discoveries Suggesting an Early Woodland Burial Cult in the Northeast." New York State Museum and Science Service Circular 40,The University of the State of New York,Albany, NY(February 1955). 2. Ritchie, William A."The Stony Brook Site and its Relation to Archaic and Transitional Cultures on Long Island." New York State Museum Bulletin 372,The University of the State of New York, Albany, NY(1959). 3. Crane, H.R. and Griffin,J.B. "University of Michigan Radiocarbon Dates II."Science 127, No. 3306, pgs. 1098-1105 (May 9, 1958). 4. Latham, Roy. "More Notes on the Stone Utensils in Orient Burials." Bulletin of the NYSAA, Number 30, pgs. 30-32 (March 1964). 5. Ritchie, William A. "Culture Influences from Ohio in New York Archaeology."American Antiquity, Volume 2, Issue 3, pp. 182-194(January 1937). 6. Ritchie, William A. "A Perspective of Northeastern Archaeology."American Antiquity, Volume 4, Issue 2, pp. 94-112(October 1938). From: Barbara Gordon <bjg401@gmail.com> HL T, Sent: Sunday, May 18,2025 7:33 PM To: Michaelis,Jessica Subject: Proposed Zoning Changes MAY .1 D5 SOUTHOLD TOWN To The Members of the Zoning Board, PLANNING BOARD i-) . — .L( — I& My family has owned a home in Orient since 1961, when my parents built a small house in Browns Hills. It's now in a LLC that my brother, David, and I co-own. My family has seen many changes in Southold Township and we're not by nature NIMBYs, but the current proposal to alter the zoning has me and my family very worried. We are particularly concerned by the possibility of there being expanded entertainment around Latham's farm stand.We've been getting produce there since before I was born and appreciate how the family has been stewards of the land. But in addition to environmental concerns with wetlands right on the border of the property and increased use, we're very worried about safety and traffic. In terms of safety, the possibility of emergency personnel being unable to get to or out of Orient scares us. As you know, there are only two lanes on the Main Road in Orient. If that road were clogged with traffic from people coming and going for entertainment, it could make it difficult for Orient EMS to get to the hospital quickly, and in some emergencies, a delay of care by as little as minutes can be the difference between life and permanent disability or death. Also, with the droughts and increased fire risk, Orient could need the assistance of other towns'fire departments, which would have to fight to get to us over a clogged causeway. I also worry about the police getting to us quickly in an emergency. Finally, increased traffic can increase the likelihood of accidents. Having been stuck waiting for emergency personnel to clear the causeway in the past, I know how long the wait can be.What would happen if there were an accident on the causeway AND many more vehicles on the road AND an additional emergency in Orient, so emergency workers truly couldn't get through? If I sound alarmist, that's because I really am alarmed by the very real potential for a zoning change that would increase in traffic to make living where we've been for over 60 years unsafe. I know that the zoning board has to take many different needs into consideration, but safety has to be a priority for all of us! In terms of traffic congestion, Orient residents already have to contend with people rushing to and from the Cross Sound Ferry in the summer, but at least those cars are starting or ending at the Point, so they aren't trying to cut across traffic. If you've ever been stuck in a long line of cars by Harbes in Riverhead,you know how bad it can get, but at least there you have the option of going West or East along the Main Road.There is no such option in Orient. I ask that the zoning board focus on safety and quality of life for all residents of Orient and on the ability of our volunteer and professional safety folks to do their job and not change the zoning to allow expanded commercial use of the land around Latham's farm stand. Thank you very much. Sincerely, Barbara J. Gordon 355 South View Drive (LLC) Orient, NY 11957 1 401-465-6186 ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 Jesse & Elizabeth Gordon 1150 Northview Drive Su b-F Orient NY 11957 J4L 11-r Imm- MAY 0 8 2025 To: Southold Town Planning Board I Re: Tuthill subdivision SOUTHOLD TOWNPLAWNG 60,1 RD Dear Members, We are writing regarding the covenants and restrictions currently included in the Tuthill subdivision. As neighbors of the Tuthills, long-time residents of Browns Hills and owners of the property that abuts the North Brown parcel, we want to express our appreciation for the Tuthill family's stewardship and generosity in preserving open vistas and farmland. However, we were surprised to learn that the currently proposed covenants and restrictions are vague and permit commercial ventures, both for-profit and nonprofit, on all lands not occupied by houses. We had understood that this provision applied solely to the Latham farmstand parcel, but we now understand it includes all four parcels. We are deeply concerned that allowing commercial ventures—whether concerts, weddings, festivals, or other events—on these additional parcels could invite large crowds and significant traffic, posing serious risks to our community. As you know, Orient has only one road in and out, a vital route for residents, ferry traffic, and emergency vehicles alike. And then there are the bikers and runners. While we can appreciate allowing a commercial venture on the Latham farmstand parcel, we strongly believe it would be inappropriate for the other parcels. Expanding such uses elsewhere would create serious safety risks and set the stage for a potential disaster. We respectfully request that the covenants and restrictions be revised to eliminate the opportunities for commercial uses on the North Brown lot and all other lots that are part of the subdivision. Regards, Jess & ELirabeth Gordon LILLIAN F.MoCULLOUGH , OFFICE LOCATION: LAND PRESERVATION Town Hall Annex 54375 State Route 25 EXECUTIVE ASSISTANT (comer of Main Rd&Youngs Ave) lillianm@southoldtownny.gov p Southold,New York Telephone(631)765-5711 ? MAILING ADDRESS: Facsimile(631)765-6640 P O,Box 1179 www.southoldtownny.gov p ,;' Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION r 8, HLIMr TOWN OF SOUTHOLD [ �� I / r F10 ED TO: Mark Terry, AICP, Assistant Town Planning Director MAY 0 8 2025 SOUTHOLD TOWN FROM: Land Preservation Committee PLANNNG BOARD RE: SCTMs# 1.000-17- -1E 1000-17 -14.2 1000-18-2-30. & 17.3 Tuthill Oysterponds Holding Company Request for Review on Proposed Conservation Subdivision DATE: May 7, 2025 The Land Preservation Committee ("Committee" or"LPC") reviewed the landowner's December 30, 2024 Conservation Subdivision Final Plat submission for the Tuthill Oysterponds Holding Company in response to your March 21, 2025 referral. The LPC last submitted comments on September 15, 2021, wherein it reserved the right to make additional comments upon receipt of plans formally prepared by a licensed surveyor. This Final Plat is the first set of surveyed plans referred to the Committee for review. This memorandum addresses lot design comments only. The Committee's guiding principle on review is maximizing preservation of economically viable farmland, prime agricultural soils, active cultivated agricultural areas, and, where applicable, scenic viewsheds. While the properties are under common ownership at this time, that may not always be the case, and the Committee must accordingly consider how lot design impacts each proposed preservation area individually. The Committee's comments reflect both longstanding land preservation policy and the current state of viable agriculture in Southold Town. The Committee reserves the right to further comment on any changes made to the proposed Conservation Subdivision. The Committee intends to address use and scenic restrictions for the areas the landowner is proposing to preserve once the lot design is determined. :North Over,SCTM# 1000-17-4-:16 The North Dyer property includes an existing house/barn, Main Road frontage, soils classified as prime and of statewide importance, varied topography, Munn Lake and Long Island Sound frontage. The current use is the residential dwelling and uses associated with it. The property is not used for agriculture, and a significant part of the property is mature vegetation. t The LPC supports the proposed transfer of yield to the North Dyer property as part of the overall 80/60 Conservation Subdivision as a means to achieve maximum preservation of prime soils, active cultivated agricultural areas and, where applicable, scenic viewshed. The design of the preservation areas on North Dyer does not provide for public access to open space areas and, although the southerly preservation area contains prime soils, the design affords more of a buffer area than an area for viable agriculture. The LPC would not recommend preservation of this property as designed were it not included as part of the overall 80/60 Conservation Subdivision, and if it did not contribute to the maximum preservation of prime soils, active cultivated agricultural areas and, where applicable, scenic viewshed. The LPC supports the design of the seven (7) lot proposal shown on the Final Plat submitted to the Planning Board on December 30, 2024. South Der SCTM# 1000-37-6-I4.2 The South Dyer property includes an existing farm stand, soils classified as prime soils, significant wetland/tidal creek area and Orient Harbor frontage. The current use is active agriculture, including aquaculture. The property is prioritized in the Town's Community Preservation Project Plan as land of exceptional scenic value. The LPC stated that it would not recommend public acquisition of a development rights easement on this property if the overall design "lands" more lots than allowed in an 80/60 Conservation Subdivision for the property, or resulted in a total development area larger than allowed in an 80/60 Conservation Subdivision for this parcel. The LPC also did not support any residential bay access crossing through or counting toward the proposed preservation area. The Final Plat depicts a total development area—including the "Agricultural Redevelopment Area," 10-foot-wide residential bay access, and residential lots—that is consistent with what an 80/60 Conservation Subdivision would allow for this parcel. The Final Plat relocates the proposed 10-foot-wide residential bay access in a manner that maximizes preservation of prime soils and agricultural uses. The 80%preservation area being offered to the Town for development rights purchase excludes all development area for residential and farm stand uses. The LPC supports the proposed design shown on the December 30, 2024 Final Plat. North Brown SCTM# 1.000-18-3-30,3 North Brown includes Main Road frontage, LI Sound frontage, an area of cultivated field and an area of mature woodland. The cultivated field is all prime soils and the mature woodland area includes both prime soils and soils of statewide importance. The Committee supports the relocation of Lots 1 through 4 to the northern portion of North Brown, as well as the incorporation of the unbuildable bluff area into those lots, because this maximizes preservation of prime soils and agricultural uses. 2 However, the Committee cannot recommend public acquisition of development rights on North Brown where both the size and location of Lot 5 are highly likely to create an estate lot that is not viable for future commercial agricultural production. For more than fifteen years, the Town has generally required landowners selling development rights to permanently link development rights intact areas containing at least 80,000 square feet to preserved farmland to ensure farm operations have land that can support agricultural housing,processing, and/or retail that are critical to their long-term commercial viability. The smaller this development area becomes, the more physically and administratively difficult—if not impossible—it becomes to use for agricultural processing or retail operations that add value to raw agricultural products and keep farm operations commercially viable. At 20,679 square feet, and without significant countervailing scenic viewshed concerns, Lot 5 is impractical for these purposes, which jeopardizes the resulting preservation area's long-term viability as a farm operation and increases the likelihood that farmland preserved with public funding becomes an out-of-production estate lot. The Committee recommends increasing the size of the permanently linked development area to at least 80,000 square feet. While the Committee can accept Lot 5's proposed location,the Committee recommends relocating the development area to the Main Road. South 'Brown, SCTM# 1.000-1.8- -1.7. South Brown includes Main Road frontage, Narrow River Road frontage, cultivated field and wetland area. The property is all prime soils. The Committee does not support Lot 1's size, location, or design as a flag lot from Narrow River Road, and it would not recommend public acquisition of development rights on the proposed preservation area as currently designed. Access to this lot is likely to be impeded by extreme tides and storm surge in the short-term and sea level rise in the long-term, which will functionally landlock Lot 1. Furthermore, both the freshwater wetlands dividing Lot I from the northern portion of the parcel and a sale of development rights would prevent relocating access to the Main Road in the future. As a result,the proposed design potentially obligates the Town to raising a significant portion of Narrow River Road where none currently exists. In addition to general concerns regarding access, the Committee does not support Lot 1's location because it impractically divides the linked development area from existing agricultural production. Farm equipment and any other elements of the farm operation could not cross the freshwater wetlands that divide the production area from the development area, meaning any movement between those areas requires the farmer to travel roughly 1.2 miles to get from one end of the farm to the other. In short, this design reduces overall utility and long-term viability. Consistent with its recommendation for North Brown, the Committee recommends increasing Lot I's size to 80,000 square feet. The Committee also recommends relocating Lot I to the Main Road, which would have the added benefit of freeing up square footage to increase the size of the attached reserve areas as recommended. 3 Finally, as a general matter, the Committee would recommend that each parcel's final plat clearly distinguishes between total easement area and total buildable land preserved within the easement area where applicable (i.e., South Dyer, South Brown). Currently,the areas labeled as "Development Rights to Be Sold" include unbuildable land that does not count toward the overall 80%preservation requirement. The Committee defers to the Planning Board on how best to label the differentiated areas. 4 From: Mary Morgan <rncfrn.nnorgan@grnail.corn> Sent: Wednesday, May 7,2025 5:41 PM To: Michaelis,Jessica (��r EF­ D, Subject: Southold Town Planning Board `Fjw/7511-11DI MAY 0 8 2025 To: Southold Town Planning Board SOUTHOLD TOWN PLANMNG BOARD Re: Tuthill subdivision Dear Members, We are writing regarding the language around commercial ventures in the Tuthill subdivision currently under review. As neighbors of the Tuthills and 25-year residents of Browns Hills—a neighborhood that borders the North Brown subdivision—we want to express our appreciation for the Tuthill family's stewardship and generosity in preserving open vistas and farmland. However, we were surprised to learn that the proposed plan permits commercial ventures, both for-profit and nonprofit, on all lands not occupied by houses. We had understood that this provision applied solely to the Latham farmstand parcel, but we now understand it includes all four parcels. We are deeply concerned that allowing commercial ventures—whether concerts, weddings, festivals, or other events—on these additional parcels could invite large crowds and significant traffic, posing serious risks to our community. As you know, Orient has only one road in and out, a vital route for residents, ferry traffic, and emergency vehicles alike. And then there are the bikers and runners. While we can appreciate allowing a commercial venture on the Latham farmstand parcel, we strongly believe it would be inappropriate for the other parcels. Expanding such uses elsewhere would create serious safety risks and set the stage for a potential disaster. We respectfully ask that you limit commercial ventures to the Latham farmstand parcel only. Thank you for your attention to this matter. Tom and Mary Morgan 855 S. View Drive, Orient, NY 11957 Mary Foster Morgan 631-259-1591 Columnist, Climate Local Now East End Beacon Every time you spend money you're casting a vote for the kind of world you want. -Anna Lappe ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected email.s. From: Cam Constantino<cammycon@aol.com> F)81 H L,/ /r Sent: Tuesday,May 6,2025 6:11 PM To: Michaelis,Jessica � f_lI Subject: Tuthill Subdivision SC UTHOLD TOWN Dear Jessica, PLANNING BnADn My husband and I are pleased to share our thoughts and feelings regarding the Tuthill Subdivision. Just a little information about ourselves that might be helpful for you to know. We were both born and raised in a rough and tumble section of Brooklyn. It was in 1986 that we had the pleasure of stumbling upon Brown's Hill's Estates. We fell in love with the quiet and stillness and ability to hear nature. We were out here every summer while raising our children. It was a wonderful family time. Now that the children are grown, we live here full time and we enjoy the dramatic change from Brooklyn. It is our understanding that the there is language in the Covenants and Restrictions of the Tuthill subdivision that leave open the use of land that is not occupied by homes could be used for commercial use. As you know, this is an exclusively residential community and we do not support and are against anything that will change the character of the community. Respectfully submitted, Carmela and Ralph Constantino Brown's Hill's Estates ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i S /-I T- From: Deborah Marland <debmarland@yahoo.com> 31 Sent: Tuesday,May 6,2025 4:56 PM Fj�RIEOKMZTV RK0 To: Michaelis,Jessica Subject: Tuthill Subdivision Agritainment Y MAY 0 7 2025 S'0 Uf HOL S �To SO TOWN V Dear Planning Board Members, PLAPMW 60 G BOARD I do appreciate that the Tuthill family are being good stewards of their land by leaving open vistas and farm land. My question is what will it be used for? It recently came to my attention that the language in the"Covenants and Restrictions" of the subdivision leaves open the use of land not occupied by houses for commercial ventures such as Agritainment and Events of any sort. "Allow for family non profit and for profit to be conducted on the property". How does one apply to get funds from the Town or Peconic Land Trust to compensate for non development of land under this open ended usage? This is in The Covenants and Restrictions on each of the four parcels.Many people were upset when they thought this language only referred to the Latham Farm Stand.But this is that times four. That could be concerts, weddings,pumpkin picking,corn mazes, anything really It could be live music into late hours next door to homes in this quiet Hamlet. Then there is traffic on the only road into and out of the North Fork east of Greenport! The ferry traffic has been a concern for pulling out onto Route 25 for some time.You might remember what it was like when the Lavender Farm in East Marion created traffic jams until the farm opened another location in Riverhead.Or the fall harvest festivals that delay trips to and from Riverhead. It would be far worse than ferry traffic now. If there is even a minor accident east of East Marion things would come to a complete standstill preventing hospital access for this aged community not to mention other timely long distance travel to airports. Please consider the non commercial environment our residents come for and stay for when you look into this wide open wording. What will Orient become in the future should be of concern to all of the North Fork as we all enjoy being here as it exist now. Deborah Marland Resident of Orient Sent from my iPhone ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. M Y 0 2025 SOU i N�OLD TOWN Pu_.�P�IPdIN POARD Subject: Tuthill Subdivision - To the Board: I'm a resident of Orient. I moved here from the South Fork in 2005, absolutely enchanted by this hamlet, this peace. I fell in love with Narrow River Road, with Village Lane, with roads you could drive on, even on weekends, rather than be stuck in the usual bumper-to-bumper South Fork traffic. Now I see the proposed plans for the Latham Farm Tuthill subdivision, and I am horrified by what seems to lead inevitably to spoiling what has so far been unspoiled. Begin with what happens to traffic on a two- lane road--how it's already hard to enter traffic when the ferries arrive. Imagine what chaos awaits when "allowable uses include, but are not limited to, large object storage, large scale events, family non-profit and for-profit businesses, undefined animal husbandry..." Remember what happened to traffic when even the little lavender farm became a tourist attraction: Chaos. Add soundtrack: Joni Mitchell singing, "They paved paradise and put up a parking lot." I'm calling on the Southold Town Planning Board to keep in mind its stated mission: "We recognize that the Town's unique character, shaped by its rich history and rural beauty, is something worth preserving—while also paving the way for thoughtful growth that meets the evolving needs of our community. "This update is more than policy; it's a promise.A promise to preserve farmland and the natural environment, and support local families with diverse housing. It's about ensuring our residents can afford to stay, our businesses can grow, and our natural spaces endure. Most of all, it's about honoring our past while building a future where the Town of Southold remains vibrant, sustainable, and true to its roots. We have something so precious here. I'm hoping that, together, we can protect it, conserve it. Thanks for your consideration, Amy Gross FFARRELLFRITZPC [, !IMAY 0 6 2025 ATTORNEYS u OL®T(1NfN ANNING CAI John C.Armentano Partner Direct Dial:631.367.0719 100 Motor Parkway Direct Fax:631.367.0788 Suite 300 jcarmentano@farrellfritz.com Hauppauge,NY 11788 www.farrellfritz.com Our File No. 41995-100 May 5,2025 BY FEDERAL EXPRESS Southold Planning Board Chairperson James H. Rich III Members, Planning Board Town of Southold 54375 Main Rd P.O. Box 1179 Southold,NY 11971 Re: In the Matter of the Application of Tuthill Oysterponds Holding Company Public Hearing Date: April 7, 2025 Dear Chairperson Rich and Members of the Planning Board: Please be advised that our office represents Sno Bo LLC,the owner of the property located at 26659 Main Road, Orient, also designated on the Suffolk County Tax Map as District 1000 Section 018.00 Block 03.00 Lot 030.004 (the "Property"). Abutting the Property to the east is the parcel located at 26975 Main Road, Orient, which is designated on the Suffolk County Tax Map as District 1000 Section 018.00 Block 03.00 Lot 030.003 ("North Brown"). The North Brown parcel is one of five tax lots that are the subject of the above-referenced application for an 80/60 Conservation Subdivision (the "Application"). In connection with the public hearing held before the Board on April 7, 2025, we are respectfully submitting this letter to express our client's concerns with the pending subdivision application. As the Board is aware, the Application was granted Conditional Sketch Plan approval on December 3, 2019 (the "Sketch Plan Approval"). A copy of the Sketch Plan Approval is enclosed as Exhibit 1. As part of the Sketch Plan Approval, the Board imposed several conditions for the applicant to address in connection with the final plat application. With respect to the North Brown parcel, the Board required that the proposed access road be relocated to the west property boundary. See Exhibit 1, page 8. In addition, condition "h" stated, "Consolidate the future curb cuts to State Route 25, if possible, thorough an agreement to share an entrance with the adjacent ALBANY ( NEW YORK I UNIONDALE I WATER MILL Southold Planning Board Page 2 parcel to the west with the access flag(SCTM# 1000-18-3-9.2)." It is worth noting that the parcel with the access flag is the Property, not tax lot 9.2. On September 23,2020,the Tuthill family notified our client of the Board's conditions and provided a revised conceptual plan depicting the relocated access road, which runs parallel to the existing right of way on the Property. The proposed plan also showed a new 16-foot-wide curb cut along State Route 25.The Tuthill family acknowledged that an additional curb cut was inconsistent with the Sketch Plan Approval and New York State Department of Transportation safety guidelines. To address the same, the Tuthill family proposed two options. The first option sought to expand our client's existing curb cut(from 16 feet to 24 feet in width)to provide access to both our client's right of way and the Tuthill access road. The second option involved having our client and the occupants of the North Brown building lots share the existing 16-foot curb cut along State Route 25. As of the date of this letter, there has been no agreement between our client and the Tuthill family as to how the building lots on the North Brown parcel will access State Route 25. Based on our review of the Final Plat for North Brown,which was received by the Planning Board on December 30, 2024, this remains an open issue as the plan does not depict the intended curb cut on State Route 25. A copy of the Final Plat is enclosed for your reference as Exhibit 2. In light of the foregoing, our client remains deeply concerned about the relocation of the North Brown access road to the western property boundary as well as the potential shared use of the existing curb cut. Accordingly,we respectfully request that the Board carefully consider the potential adverse impacts to our client's property caused by the North Brown access road. Given that there are open items from the Sketch Plan Approval to be addressed,a decision on tiie 42Qlding Application should not be rendered until all parties have had an opportunity to reacl n analic )Ie resolution. Si cer 111 ArnlentA i FF\15504976.1 1 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex Sid& P.O.Box 1179 +'54375 State Route 25 '"� �� Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone:631 765-1938 Southold, NY www.sou.tholdtownny.gov -1110UNTY PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 3, 2019 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: Proposed Tuthill Conservation Subdivision Located at 21505 Route 25 SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Zoning District: R-80 and R-200 Dear Mr. Tuthill: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, December 2, 2019: WHEREAS,this proposal is for an 80160 Conservation Subdivision of four parcels SCTM#s1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield among the four parcels pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres, This property includes a 0.7 acre private right-of-way and 15.6 acres of preserved open space inclusive of 6 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. Tuthill.Conservation Subdivision Page 12 December SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acres of unbuildable lands; and WHEREAS, on July 3, 2014 the agent submitted a Sketch Plan Application and fee in the amount of$500.00 with other required materials for submission pursuant to Article V Sketch Plat Review; and WHEREAS, on August 5, 2014 the Planning Board found the Sketch Plan Application complete; and WHEREAS, pursuant 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA), the Planning Board coordinated with all involved and interested agencies on October 8, 201,4; and WHEREAS, no objections to the Planning Board taking lead agency were received by any coordinated agency; and WHEREAS, at the October 20, 2014 work session the Planning Board required a Visual Impact Study for the proposed action; and WHEREAS, on November 3, 2014 the Planning Board held a public hearing on the upon the wraps entitled "Sketch Plan North Dyer", "Sketch Plan South Dyer Lots", "Sketch Plan North Brown Lots", and "Sketch Plan South Brown" prepared by Nathan Taft Corwin III, Land Surveyor, dated April 1, 2011 and last revised October 22, 2013; and WHEREAS, On December 15, 2014 due to public input the Public Hearing was held open; and WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (8) of the NY State Environmental Quality Review Act (SEQRA) "Any Unlisted Action that includes a non-agricultural use occurring wholly or partially within an Agricultural District (certified pursuant to Agriculture and Markets Law, Article 25-AA, Sections 303 and 304) and exceeds 25 percent of any threshold established in this section" is a Type I Action under SEQRA; and WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (5) of SEQRA, one of the thresholds established for a Type I Action is the following: "Construction of new residential units that meet or exceed the following thresholds: 50 units not to be connected (at the commencement of habitation) to existing community or public water and sewerage systems including sewage treatment works" and 25 percent of this threshold equals 12.5 residential units; and WHEREAS, pursuant to 6 NYCRR Dart 617.4 (b) (0) of SEQRA, another Type 1 Action is "any Unlisted Action (unless the action is designed for the preservation of the facility or site) occurring wholly or partially within, or substantially contiguous to, any historic Tuthill Conservation Subdivision Page 13 December 3 2019' building, structure, facility, site or district or prehistoric site that is listed on the National Register of Historic Places, or that has been proposed by the New York State Board on Historic Preservation for a recommendation to the State Historic Preservation Officer for nomination for inclusion in the National Register, or that is listed on the State Register of Historic Places (The National Register of Historic Places is established by 36 Code of Federal Regulation (CFR) Parts 60 and 63, 1994 [see 617.17]'; and WHEREAS, this proposed subdivision is located substantially contiguous to the Orient National Historic District located to the east of the South Dyer property; and WHEREAS, on January 12, 2015 the Planning Board, as Lead Agency, performed a coordinated review of this Type I action pursuant to 6 NYCRR Part 617, Section 617.7 of the SEQRA; and WHEREAS, on January 12, 2015 the Public Hearing was adjoumed pending the receipt of a visual impact analysis; and WHEREAS, on March 10, 2015 the SEQRA public comment timeframe was mutually extended; and WHEREAS, on July 6, 2015, the Planning Board, pursuant to SEQRA, made a determination of significance for the proposed action and issued a Positive Declaration; and WHEREAS, on March 23, 2016 the Southold Town Planning Board, as Lead Agency, found that the Draft Environmental Impact Statement (DEIS) for the Tuthill Conservation Subdivision dated February 11, 2016 inadequate for public review; and WHEREAS, on, September 14, 2018 the applicant submitted a revised DEIS; and WHEREAS, on January 28, 2019 the applicant submitted a one page amendment to the original DEIS submission which has also been reviewed; and WHEREAS, on February 11, 2019 the Planning Board determined the DEIS to be adequate and ready for public review; and WHEREAS, on March 11, 2019 a public hearing on the DEIS was held and extended for two weeks for written comment to March 25, 2019; and WHEREAS, the Planning Board found that the number and content of substantive public comments on the potential moderate to large impacts to cultural resources required further coordination with the New York State Office of Parks Recreation and Historic Preservation and Native American Tribes; and WHEREAS on September 10, 2019 the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, hereby accepted the Final Environmental Tuthill Conservation Subdivision Page 4 Qeceml� r 3,2019 Impact Statement (FEIS) for the Tuthill Conservation Subdivision, dated as received September 9, 2019; and WHEREAS, on November 4, 2019 the Southold Town Planning Board adopted the Findings Statement for the Tuthill Conservation Subdivision, dated as received November 4, 2019 pursuant to Article 8 of the Environmental Conservation Law (State Environmental Quality Review Act) and the implementing regulations of 6 NYCRR Part 617; and WHEREAS, the proposed subdivision plat presents a proper case for requiring a park suitably located for recreational purposes, but that a suitable park cannot be properly located on such subdivision plat; and WHEREAS, the Planning Board pursuant to §161-15 the Southold Town Highway Superintendent approved the reduction in Highway Specifications to a 30' wide right of way on the North Dyer, South Dyer and North Brown parcels, and WHEREAS, at their November 18, 2019 work session, the Planning Board waived the clearing, restrictions required in § 240-49 Clearings of the Southold Town Code for the South Dyer and South Brown lots pursuant to Town Code § 240-66 Wa' ivers of Certain Provisions due to the absence of vegetation, and WHEREAS, the pursuant to Town Code § 240-38, the Planning Board may waive the provision of any or all required improvements which, in its judgement and considering the special circurnstances of a particular plat or plats, are not required in the interests of the public health, safety and general welfare; and WHEREAS, the Planning Board has found that street trees are not necessary to protect the public interest on the sections of proposed roads for South layer and North Brown that abut agricultural lands for the following reason: Street trees, which are required to be planted outside the right of way on the adjacent parcel, will interfere with agricultural operations and may have adverse effects due to shading of crops; and WHEREAS, the Town Engineering Office and the Highway Superintendent have approved of the waiver of the street trees as described above; and WHEREAS, this is an 80/60 Conservation Subdivision comprised of 4 parcels and whereby Chapter 240 Subdivision of Land of the Southold Town Code requires that the total percent preserved of buildable lands must equal or be greater than 80 percent, a reduction in 60 percent permissible density is met, and the total developed area must not be greater than 20 percent; therefore be it RESOLVED, that the Southold Town Planning Board, as described above, hereby finds that the proposed SUbdivision plat presents a proper case for requiring a park suitably located for recreational purposes, but that a suitable park, cannot be properly located on Tuthill Conservation Subdivislcn Page 15 December 3 2019 such subdivision plat, and that the Planning Board will require a Park and Playground fee in the amount of$45,500 in lieu thereof; and be it further RESOLVED, that the Southold Town Planning Board hereby waives the requirement for street trees in certain locations as detailed above; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Sketch Plan approval upon the maps entitled: • Sketch Plan North Dyer dated as last revised April 3, 2013, • Sketch Plan South Dyer dated April 1, 2011, • Sketch Plan of North Brown dated October 22, 2013, • Sketch Plan of South Brown dated as last revised April 2, 2013, with numerous conditions: 1. Approval by the Suffolk County Department of Health Services (SCDHS) will be required prior to Final Plat Approval, and must include the use of innovative/alternative wastewater treatment systems (I/AO'VTS) for Lots 1 through 17 when developed with a residential use, as permitted under SCDHS' Article 1,0r 2. Coordination with the Orient Fire District. 3. Organize the subdivision map so that all, four pages will be filed as one map containing four pages, one for each of the four properties. Add a page number label to each "Page 1 of 4'", Page 2 of 4, etc. 4. Organize the road and drainage plans in a four-page document with page numbers "Page 1 of 4", etc. 5. The following changes to the Sketch Plans are required: • Provide one table with the 80160 Conservation Subdivisions calculations for the existing four parcels, including a total for the four parcels combined. North Dyer a. Title the plat: Tuthill 80/60 Clustered Conservation Subdivision North Dyer Final Plat. b. Remove the Subdivision Report Table. c. Show a Lot Area Table on the plat that includes the total lot area for each proposed lot, unbuildable lands, the area of the right of way in the lot and square footage of areas to be cleared. Include each Open Space Area in this table. d. Lighten the Coastal Erosion Hazard Line and darken the seaward parcel boundary along the Long Island Sound. Tuthill Conservation Subdivision Pa e 16 December 3.,2019. e. Delete the line west of Lot 6 separating the two open space areas to form one contiguous area of open space. f. Label the three open space areas as "Open Space A, Open Space B and Open Space C". g. Straighten the rear lot lines of 4, 5 and 6, maintaining a minimum 100' setback from the wetland line. h„ Show building envelopes on each lot with proposed setback distances labelled. i. Increase the width of the right of way to 30' and consider shortening. Retain the historic rock walls where possible. A turn-around design for fire apparatus is required. Permissible designs include a 120' Hammerhead, an Alternative to 120' Hammerhead or a 60 Foot "Y". An illustration of each design is attached. g„ Divide the right of way proportionately between the six lots. Each lot will own a portion of the right of way. Include the square footage of the right of way in the Lot Area Table. k. Provide a name for the road. I. Show and label a 10' wide shoreline access from the end of the right of way over Lot 4. m. Show the relocated lot from South Dyer and label as lot 7. If the lot is to be located in the southeast of the parcel, retain or move the historic rock wall within the open space. n. North Dyer Road and Drainage Plan i. Submit 6 copies of a Road and Drainage Plan that satisfies the requirements mandated through §240-21 Technical requirements. li, Title the plans: Final Road and Drainage Plans. iii. A 30' wide right of way and a 26' wide load bearing surface is required. Utilities can be located under the road. Include a centerline profile and road cross section, utility detail and asphalt apron design on the plans. iv. Drainage for the road is recommended as passive swales or similar for the private access road. Contact the office of the Town Engineer to discuss an alternative "greener" storm water control systems. v, Provide test hole data for each parcel. vi. Show street trees or identify existing trees that would be acceptable as street trees on each residential lot. Planted street trees shall be shown 40' on center. Trees that are identified in lieu of planting must also be shown on the final plat. The designation of existing trees will require consultation with planning staff. vii. Show property boundary concrete monuments. viii. Show fire well (to be determined). eTa thin Conservation Subdivisiorti Pa 7 December 3 2019 ix. Add a notation "Refer to the corresponding Road & Drainage Plan, on file with the Southold Town Planning Department, for additional details and specifications for road and drainage construction South Dyer a. Title plat: Tuthill 80/60 Clustered Conservation Subdivision South Dyer—Final Plat. b. Remove the Subdivision Report Table from the plan. c. Show a Lot Area Table on the plat that includes the total lot area, unbuildable lands (including the 54,985 sq. ft. of subdivision open space from past set-off to be reflected as unbuildable land in the Development Rights To Be Sold parcel), and the area of the right of way in each of the lots. d. The redesign of the parcel must achieve a minimum preservation of 80 percent of buildable lands, at least a 60 percent reduction in density and a maximum 20 percent development area on the parcel. e. Relocate one lot from the parcel to the North Dyer parcel. f. Include the farm stand in the development area calculations and attach the farm stand to the open space area with a dashed line. Label this area "Agricultural Development Area". g. Label the open space area as "Development Rights To Be Sold Area". h. Remove the 38,850 sq. ft. and 16,166 sq. ft. areas shown on the plan. The subdivision open space, which equals 54,985 sq. ft. from the set-off of SCTM#1000-17-6-14.3, will be accounted for in the development rights easement as part of the open space and is not allowed to be "landed" as a separate lot area. i. Show building envelopes on each lot with proposed setback distances labelled. j. Increase the width of the right of way to 30'. A turn around design for fire apparatus is required. Permissible designs include a 120' Hammerhead, an Alternative to 120' Hammerhead or a 60 Foot "Y". An illustration of each design is attached. k. Divide the right of way proportionately between the four lots. Each lot will own a portion of the right of way. Include the square footage of the right of way in the Lot Area Table. 1. Provide a name for the road. m. If residential access to the Orient Harbor is proposed, show a 10' wide shoreline access. n. Add a notation "Refer to the corresponding Road & Drainage Plan, on file with the Southold Town Planning Department, for additional details and specifications for road and drainage construction. Tuthill Conservation Subdivision Rage L8 December 3 2019 o. South Dyer Road and Drainage Plan i. Submit 6 copies of a Road and Drainage Plan that satisfies the requirements mandated through §240-21 Technical requirements. ii. Title the plans: Final Road and Drainage Plans. iii. A 30' wide right of way and a 26' wide load bearing surface is required. Utilities can be located under the road. Include a centerline profile and road cross section, utility detail and asphalt apron design on the plans. iv, Drainage for the road is recommended as passive swales or similar for the private access road. Contact the office of the Town Engineer to discuss alternative "greener" storm water control systems. V. Provide test hole data. vi. Show street trees on the east side of the proposed road where it is adjacent to the new lots. Street trees shall be planted 40' on center on each residential lot or submit a street tree fee in the amount for the total number of street trees calculated. vii. Show property boundary concrete monuments. viii. Show fire well. The location and specifications will be provided. North Brown a. Title plat: b. Tuthill 80/60 Clustered Conservation Subdivision North Brown- Final Plat. c. Delete the Subdivision Report Table from the plat. d. Show a Lot Area Table on the plat that includes the total lot area, the unbuildable lands, the area of the right of way and clearing limits both as a percentage and square feet. e. Extend the lot lines of 1, 2, and 3 to the northern boundary (tie line) of the parcel. This will eliminate the non-contiguous open space shown on the waterfront. f. Remove the notation "open space" north of the lots. A separate area of open space does not achieve the goals of this conservation subdivision. Open space must generally remain undivided. Relabel this area "Non-disturbance buffer". An alternative may be to redesign the lots to create a substantially contiguous open space lot that includes some of the bluff and beach. g. Show building envelopes on each lot with proposed setback distances labelled. h. Re-locate the access road to the west property boundary. Consolidate the future curb cuts to State Route 25, if possible, through an agreement to share an entrance with the adjacent parcel to the west with the access flag (SCTM## 1000- 18-3-9.2 (vacant)). i. Increase the width of the right of way to 30'. An alternative turn around design for fire apparatus is recommended. Permissible designs include a 120' Tuthill Conservation Subdivision page 19 December 3, 2019 Hammerhead, an Alternative to 120' Hammerhead or a 60 Foot"Y" as illustrated in the attachment. j. Divide the right of way proportionately between the lots. Each lot will own a portion of the right of way. Include the square footage of the right of way in the Lot Area Table. k. The Planning Board will permit one, common shoreline access to be constructed through the non-disturbance buffer to the Long Island Sound in the covenants and restrictions. Do not illustrate the access on the map. I. Label the open space area as "Development Rights To Be Sold Area" m. Show the maximum square footage to be cleared on each lot. The building envelopes cannot encroach into the areas that will remain un-cleared. n. Provide a name for the road. o. North Brown Road and Drainage Plan i. Submit 6 copies of a Road and Drainage Plan that satisfies the requirements mandated through §240-21 Technical requirements. ii. Title the plans: Final Road and Drainage Plans. iii. Provide test hole data. iv. A 30' wide right of way and a 26' wide load bearing surface is required. Utilities can be located under the road. Include a centerline profile and road cross section, utility detail and asphalt apron design on the plans. V. Drainage for the road is recommended as passive swales or similar for the private access road. Contact the office of the Town Engineer to discuss an alternative "greener" storm water control systems. vi. Show street trees or identify existing trees that would be acceptable as street trees on each residential lot. Planted street trees shall be shown 40, on center. Trees that are identified in lieu of planting must also be shown on the final plat. The designation of existing trees will require consultation with planning staff. vii. Show proposed locations of property boundary concrete monuments for each lot. viii. Show fire well. The location and specifications will be provided ix, Add a notation "Refer to the corresponding Road & Drainage Plan, on file with the Southold Town Planning Department, for additional details and specifications for road and drainage construction South Brown a. Title plat: Tuthill 80/60 Clustered Conservation Subdivision South Brown — Final Plat. Tuthill Conservation Subdivision Pa _eJ 10 December 3 201�9 b. Attach Lot 1 to the open space area by replacing the solid line of the lot with a dashed line. Label the area as "Development Area". c. Label the open space area as "Development Rights To Be Sold Area" d. Clearing limits have been waived and therefore there is no need to provide calculations. e. Remove the Subdivision Report table from the plat. f. Show a Lot Area Table on the plat that includes the total lot area, the unbui[dable lands, the Development Area without the driveway area, the area of the driveway, and the area of the Development Rights To Be Sold Area. g. The proposed width of 15' for the driveway is permissible. It is recommended that passive drainage is designed to manage stormwater. h. Show proposed locations of property boundary concrete monuments for the development area. i. Fire protection will to be determined by the Orient Fire District and details will be proved to you in the future. 6. Two copies of a cost estimate of public improvements required under Articles IX, Bonds and Other Security and X, Required Public Improvements Inspections; Fees will be required to be submitted during the Final Plat application review. 7. During the Final Plat application review, attain coverage from New York State Department of Environmental Conservation (NYSDEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. Submit the NYSDEC SWPPP and NOI submission directly to the Department of Environmental Conservation for their review and approval. A copy of the SWPPP must also be submitted to the Town Engineering Department prior to any commencement of construction and/or the beginning of work. 8. The October 20, 2014 Southold Board of Trustees memorandum indicated that the proposed action is not within their jurisdiction except for shoreline access. A future permit from the Board of Trustees for shoreline access paths and structures will be required prior to construction. 9. Submit a Tidal Wetlands Permit, as required by the New York State Department of Environmental Conservation (NYSDEC). Application directly to the NYSDEC is required during the Final Plat application review. 10.A NYSDOT Highway Work Permit will be required for work within the NYS Route 25 right of way. Application directly to the NYSDOT is required during the Final Plat application review. 11.Submit agreed upon draft covenants and restrictions. A draft template will be provided by the Planning Department during the Final Plat application review. 12.A Park & Playground fee of$45,500 (13 x $3500.00) pursuant to §240-53 G of the Southold Town Code, will be required to be submitted prior to Final Plat approval. Tuthill Conservation Subdivision Page 111 December ember 2.01 13.An Administration Fee in the amount of$34,000 (17 x 2000.00) or 6% of the combined performance guaranty estimates, whichever is greater, pursuant to Southold Town Code 240-37 Administration fee may be required to be submitted prior to Final Plat approval. 14.Submit a Final Plat Application meeting all the requirements of Section 240-20 of the Southold Town Code. The applicant is advised that a public hearing and additional design changes may be required prior to Final Plat Approval. The next step in the subdivision application process is to meet the conditions listed above and file a Final Plat application. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman Encl. Fire Apparatus Access Road Turnaround 2 090 SoUrtD A�3.25 y a�a ISLAND � '� � ' , °` TUTHILL 80/60 CLUSTERED CONSERVATION oNG 'A C!� AREA DATA SUBDIVISION NORTH BROWN - FINAL PLAN L O•a,j's6 rm 5X"k. ® rN o ti TOTAL AREA ...COMM QF^T$'NTy bAf6 AREA SOUTH—OF LOT AREA ARFA," SITUATE 66.6B7 aq.11. ORIENT N� ,,.. RIGHT OF WAY N.A. — N.A. N.A. N.A. y . -- -- _w�. TOWN OF SOUTHOLD LOT AREA UNBUILDABLE CLEARING AREA RIGHT OF WAY SUFFOLK COUNTY NEW YORK DEVEIDPMENT RIGHTS TO t Gn Y pr' ru(" 960,22. aq./l. eq BE SOLD(DICE F wAr1 2... aG. N.A. N.A. N.A. N.A. LOT 3 `i LOT ITsz.e0s2i2'a�:1. 33,92 sq. 18.1981 sq. . ....�ft. S.C. TAX No. 1000-18-03-30.3 % T 4 + ^�I d" i':a, +y k"� LO?' W.... ... 1.216°L. 3.....a..tt tees ..N. 18.962 1f. 13.337 sq.Ir. SCALE 1��=100� .... ,. ,m LCXT 2' _ '"�^ �9 F T 2 55,@7 sq.11. 31,905 aq.1} 210 �� APRIL 1, 2011 r xSCpVIS 1q?50 4,. ` �sy I qa q /1 15,953 a ft. 13,337 a ft. () C1'YIC P"e " vx LO;E' «�('°`w. °w "«*�', '"' ^.�r� LOT 3 ..... W 1.272 oe. 33,489 sq.f1. 21.938 q 11 ..16^745°aqn 7}... 13.337 sq.}I. j q,pFJY'f'UGUST Z6.2013 REVISED MAP IMG 5n'MS FNWNR;' � G1L6)L_.1.J" -1ys,«,,. ^p� wy nn ''�{'.. LOT 4 63.4'1 sq oc, 35.324 sq.H. 28.144 sq.ff.'., 1�14 sq./L 13,335 sq.N...... DULY 7 2017 COHS C°DMN NIJ. p 20�60.475 as 20.679 a sq. 116,414 sq, aq - Y'%rm3 IVW14�7ik..,y " N• '7� SEPTELIBER 14,2023 RWtifp Ea ur ep Haartl + NOVEMBER 1,2024 REVISED ".. q.ft. 0 11. 10,540 fl. 13,33E f1. ' + oaf .... ......_........�..,.. ..... AREA= 1.252,228 sq. 0. C" 1,252,228 ft. 155.321 sq.ff. 90,018 aq.ft-- ITITIT7fi,414 eq.11. 66.587 eq.fl. (f0 TIE UNES) 28.747 DO. 4 � TOTAL AREA 25.747 ac. ,N .°+ ,n ,.m, NOTES; 01, �' „w a' 1 4 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM a 4 EXISTING CONTOURTNLINESE AREWN SHOWN THUS: —sD LEST HOLE 1d,,.,r TM R Id 1 $�` *0{ ""2'• f e 1 a'" .'1p 2. ZONING USE DISTRICT: R-80 (LOCATED BY',%C.4) q , 3. BLUFF AREA = 90,016 sq. 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PHONE(639)727-2090 Fox(631)727-1727 wv✓w.CCII&A nyine mg OLD anTCEs LowrtD AT MaruWc anaRE3s 1586 Main PAP P.O.S° 16 .",� Jame Wd,Plan Yad,11947 J—p°rL New Tad,i1%7 From: Suz Horton <suzhorton20@gmail.com> Sent: Monday,May 5,2025 7:16 PM To: Michaelis,Jessica Subject: [SPAM]-Written Comments for Town Planning Board for Tuthill Oysterponds Holding Co Attachments: Southold Town Planning Board commentary April 2025.docx;Covenant Pollution South Dyerjpeg Hi, Jessica, I hope that all is well with you. Please find attached the comments for consideration for the Town Planning Board for the Tuthill Oysterponds Holding Co proposed conservation subdivision. Please feel free to contact me directly if you need further clarification of any of the comments included in the attached letter and attached diagram.Thank you for your consideration. Kind regards, Suzanne Horton ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. MAY 0 6 2025 Sg'JTH0LD'T0V1'N D 1 From: Suzanne, Sean and Florence Horton ' 21335 Main Road Orient,NY 11957 MAY 0 6 2025 SOUTHOLD TOWN Date: April 16, 2025 L ANN rG BOARD To: Southold Town Planning Board 53095 Main Road Southold,NY 11971 Re: Commentary for Proposed Tuthill Oysterponds Holding Company, LLC Conservation Subdivision, Specifically for the South Dyer Parcel Dear Members of the Southold Town Planning Board, My brother, Sean Horton, and I attended the April 7, 2025 Public Hearing at Southold Town Meeting Hall and spoke for three minutes which was barely enough time to give a top level overview of the feedback that we had gathered from a large number of our neighbors who are directly impacted by the proposed covenants associated with the South Dyer property specifically included in the overall Conservation Subdivision plan proposed by the Tuthill Oysterponds Holding Company, LLC. Our property is two doors down from Lyle and Carol Tuthill, adjacent to Ann and Peter Callahan, Dinah Sievers, Linda Faegelson, Beatrice, Justin Schwartz, Joanna Weiner, and near to Susan Grella,Nancy Kardwell, Mrs. Hungerford, and Bud Griffiths. Our home has been in the family for three generations and we have worked closely with the Latham family as it is located directly across the street from the farm fields that the Lathams farm annually on the South Dyer property. We have at least 60 years of history with the evolution of that property and my mother, Florence, is a sister to Reginald Tuthill. To be clear we support the conservation subdivision proposal that the Tuthills have proposed with the distribution of property but have deep concerns about the broad and potentially damaging covenants associated with the South Dyer parcel. We request that the Board gives deep consideration to the serious concerns that we have outlined in this letter as the potential damage of the broad nature of these proposed covenants for the South Dyer parcel warrant a much deeper look as they could significantly depreciate the property value and en j oyment of all the residential homes in the vicinity which would be egregious and surely would not follow the intent of a conservation subdivision working to preserve open land, its associated wildlife, and the panoramic vista that is a specific point of pride for the town of Orient. We have attached a diagram that we provided at the April 7 meeting to the Town Planning Board members that lays out the five proposed covenants (Large Scale events;New Construction/Expansion of Farmstand/Oyster Farming; Animal/Insect Husbandry; Large Object Storage; and Family Non-Profit/For Profit business) and the five types of pollution that pertain to each of the five proposed covenants; Sound/Noise; Traffic; Stench; Visual; and Eco/Environmental. If you review the overlay of where the red checkmarks of how these various elements of pollution line up with the covenants you can easily see at a glance that so much glaring red on that diagram represents an inordinate amount of potential harm to the adjacent properties and literally everyone is concerned about those items. In this letter we will delve into more detail on the harmful elements that each of these proposed covenants creates for the adjacent property owners so that you have a much deeper perspective on what the current situation is and how this would be exacerbated by the proposed covenants. Harm Created by the Proposed Covenants Large Scale Events: We thought that the concept of large Agritainment events in Orient had already been reviewed and rejected by the Southold Town Board and that a precedent had been set during the huge debate over the 2017 Fresh& Co proposal of the Narrow River Road property in Orient that similarly had a large farm near wetlands and proposed large scale events including concerts, wine festivals,tours, dinners, cooking classes and culinary and educational programs and interaction with farm animals. The Orient community came out in force to reject this concept that would disrupt the peace of this small hamlet. There are two locations in Orient for large scale events currently: Orient Beach State Park run by NY state and Poquatuck Park. Any large scale events proposed for the South Dyer property would undoubtedly lead to a massive increase in traffic and noise pollution at an already constrained flashpoint due to the increased ferry traffic and increased farm stand traffic that has already led to multiple accidents directly across the street from our driveway and those driveways of my neighbors. These accidents are already happening as no one on the Southold Town Board has yet found a way to negotiate an additional ferry service route directly from Connecticut to Montauk as much of the current traffic through Orient, East Marion, Greenport and Southold is ferry traffic bound for the Hamptons and those vehicles clog and damage our roads without spending funds on the North Fork. We ALREADY are experiencing increased congestion on our roads to simply get out of the driveway during the high seasons of summer and fall which has caused car accidents. Allowing a Harbes-type enhanced farmstand entertainment space would undoubtedly create massive congestion such as the Lavender Farm created in East Marion which slowed traffic to such a degree that it would take nearly an hour to make the ten minute journey from Orient to Greenport and beyond. Please keep in mind that Harbes owns the property on both sides of Sound Avenue so they can determine their destiny without harming others and that is not the case with the South Dyer parcel. o Sound/Noise Pollution: It is important to realize that the South Dyer parcel is an open field and sound travels easily across the street to the neighbors. There are no trees to lessen the noise. Currently we hear the loud generators of the refrigeration units that the Oyster farm is using at Latham's farmstand which impacts our ability to sleep with the windows open at night and there is an outrageously loud industrial machine that cleans the oysters which sounds like shaking a can full of stones but amplified to a deafening noise level currently that starts at lam even on the weekends. It is already maddening that you cannot get any peaceful sleep in the mornings because of that loud machine. That machine should be removed to the creek where the oysters are farmed rather than at the farmstand where it negatively impacts the daily lives of the neighbors who live in a residential area. The issue is that they need to invest in putting electrical utilities onto the viable alternative Farm Road access that runs from the Main Road down to the Creek Oyster farm operations and they have not yet done so due to expense. Reg Tuthill told us two years ago that it would cost at least$50k to install electrical utilities from the Main Road down the Farm Road to the creek and said that they had sold one million oysters at $1 each so it appears that by now they should have the funds to grade the road and install the electrical utilities down the alternative access Farm Road, especially if they plan to create residential lots along that path. That is a far better solution than trying to use the Rackett's Court access road which would disrupt the lives of those residents on that road. We have lived with the normal sounds of farming for decades but this aqua farming machine currently at Latham's farmstand is outrageously loud already and must be moved to make it more manageable to live across the street from the famstand. To consider increasing the noise level on the South Dyer property whether through concerts, meetings or increased patronage on that property would make this unbearable and lead to significant lawsuits. I've worked with the NY state park that holds very large events weekly and I can assure you that traffic issues are immense, sound issues are hard to contain, stench issues increase due to the amount of additional trash,visually you are changing the intended landscape of the conservation subdivision and the Environmental pollution is significant as there are piping plovers on that stretch of beach on the South Dyer parcel adjacent to the farm fields that are federally protected and as at the State Park we have to monitor the decibel levels of any events so as not to impact the nesting birds. As you likely know there is a$25k fine per bird or egg for harming a bird or an egg in a nest which can lead to astronomical monetary penalties quite quickly. New Construction/Expansion of Farmstand/Oyster Farming The paragraph above regarding Sound/Noise Pollution applies directly to this covenant as there is already a very significant Sound/Noise pollution problem with the existing operation setup directly at the existing farmstand for the Oyster farming as described above. This cannot be expanded and exacerbated by expanding the farmstand or the oyster farming in that specific location. As mentioned above it is nearly unbearable as is and the machinery for the cleaning of the oysters and the refrigeration of them needs to be relocated to the creek area rather than a few yards away from the residential neighbors across the street. The stench of processing the oysters at the farmstand is non-negotiable and must be relocated to the creek. We would seek clarity on the expansion of the size of the farm stand and any other farm buildings considered for the South Dyer property as that also impacts the original intent of the proposal which is to preserve the view for the town of Orient and the adjacent neighbors whose property values would be negatively impacted by major expansion. Animal/Insect Husbandry Two years ago the Lathams brought a few farm animals across the street from our home as some kind of petting zoo for the kids who visited the farmstand in a Harbes-style move. What we experienced first-hand was so infuriating that we had to leave our backyard until that experiment had ended. The NOISE pollution of those barnyard animals particularly the braying of the goats or sheep was constant and incessant; we could not sit outside and enjoy our backyard AT ALL because of the constant irritating noise. If we had wanted to live on a farm and had those animals surrounding us we would have chosen to do so. We felt violated by that experiment because it was out of our control and yet we were FORCED to leave our property to enjoy the day somewhere else because the constant braying was so loud as to be unbearable to be around. This is a seriously inflammatory issue. We are still offended by that abuse of putting farm animals directly across the street from us because it meant that we had to leave our property to find any peace. It is not the place for farm animals to be as this land is surrounded by residential homes. This is not an isolated location. The Latham family actually own their own farm with large acreage further east on the Main Road that would be far more appropriate to have barnyard animals as a petting zoo. • Large Object Storage The Tuthill family own more than one hundred acres that could easily store large objects such as boats, RVs, vintage cars, farm equipment and any other large objects that they may acquire. Our understanding of the conservation proposal with this subdivision on the South Dyer property is to preserve the view as their grandfather and father had wished to do for the town as it is a stunning landscape that would be littered with these type of unseemly objects strewn upon the landscape. There are more than a hundred acres as an alternative storage facility, some property with wooded areas that would be far more appropriate to store these kinds of unappealing items that of course no one would wish to see on the South Dyer property. These items would detract from the beauty of the area as well as diminish property values surrounding this area which would inevitably lead to unnecessary battles; these issues could all be eliminated if a more thoughtful approach was implemented which is usually done in cases similar to this one. ■ Family Non-Profit/For-Profit Business We would request more clarity on specifically what is planned and what impact it would have upon the surrounding neighborhood. Again, there are at least 100 alternative family acres that could be leveraged for this type of activity that is owned by the Tuthill family. Why could these businesses not be done on another location?The public should have that detailed information if it is impacting us directly. We appreciate your thoughtful consideration in reviewing the repercussions of these covenants on the surrounding neighbors. We would be happy to provide additional detail if that would be helpful to the Board. Kind regards, Suzanne, Sean and Florence Horton i f % ( �/ %%/N �'/ /m/ 1 xw, . rob / i I ,: " i �✓�/ � pA�� �,if a ' �-c! I -V..l-f t3 From: meemt50@aol,com N� IK7 Sent: Sunday,May 4,2025 6:40 PM To: Michaelis,Jessica Subject: Comments re:Tuthill subdivision M / To the Southold Town Planning Board, —• ,��..,��w�m 3 BOARD I have a few comments to offer, and questions to ask regarding the Tuthill subdivision. I disagree with each and every "proposed covenant and rest restrictions" as offered. My concerns are that there will be the possibility, if not the probability, of another Harbes type event location on the South Dyer property with multifaceted events taking place. This may include a petting 'zoo' area, hayrides, a tasting room for wines paired with oysters and other shellfish, and also weddings and other large events. How far does the permitted verbiage for agricultural zoning reach? The language given states the property may be used for nonprofit as well as for profit business. After reading the report by Jonathan Fieldman regarding the burial sites for Native Americans and their artifacts I am very concerned that they will be desecrated during this huge land excavation of both South and North Dyer properties. Several years ago, there was a total disregard of at least these one of these indigenous families when their gravestones were bulldozed into Major's Pond. Unfortunately, these kinds of things happen on the 'quiet', therefore the 'authorities' are not privy to them. My main concerns about these subdivision plans going forward are the effects on our fragile ecosystem in the bay. Without solid and enforced controls on fertilization of the proposed lawns of the four South Dyer lots, the runoff, regardless of how 'organic' or 'safe' it is, will have a negative impact to an unknown degree on the quality of our bay waters. The DEIS reports state the untoward effects on every concern raised are "not expected". Has not everyone ever heard of"Murphy's Law"? If something CAN go wrong, it WILL go wrong. Added to this worry is the drain on our aquifer system from yet another 17 houses drawing water for home use, and yes, unchecked lawn irrigation. I'm just wondering when we are going to say that we have enough house lots in our fragile hamlet of Orient. I see Cluster Zoning as a cosmetic fix with the same end result. I am dismayed and disappointed about this subdivision going forward, yet I realize it is going to happen. I am hoping that there will be controls on the extent of the inherent destruction and desiccation of the land, trees, animals and soil of my beloved Orient. It's not my place to judge, however I am very proud that the members of my own family sold the development rights of our 100+ acre farm, after my father died. I understand that the Tuthill family members want a place that their children can comeback to. I am very concerned however that these will be vacation type residences at the most, and rentals for the remainder of the time, if not sold to those who want a vacation place for themselves, with no love for the heritage of this town. Thank you for giving me the opportunity to express my feelings and concerns. Sincerely, Mary Ellen (Terry) Stevens i Save Orient's Iconic Vistas is a group of local residents focused on the preservation and stewardship of our iconic vistas and open spaces. Contact Us: save orien tvistas(am mail.corn S. I,.+ F6, H 7- MEMORANDUM 7APR 2 0 2025 c, SOUTHOLD TOWN PLANNING BOARD DATE: APRIL 25 2025 TO: SOUTHOLD TOWN PLANNING BOARD FROM: BARBARA J. COHEN, ON BEHALF OF SAVE ORIENT'S ICONIC VISTAS RE: RESULTS OF ONLINE PETITION Introduction The following provides the results to date of an on-line petition seeking input from residents, business and property owners, workers, visitors --- all who benefit from and recognize the significance of the Suffolk County North Fork Trail and the NYS designated Scenic Byway and Orient Harbor along Route 25 upon entering the Village of Orient. A copy of the Petition follows the summary and raw data is available upon request. Profile of Respondents All 57 respondents were required to confirm that they have reviewed the documents associated with the Tuthill Conservation Subdivision provided on the saveorientsvistas.com website. Of the 57 respondents, 41 (or 72%)were from the Town of Southold, of which 30 were from Orient. The remainder were from NYC and the metro area. Of the total respondents, 25 identified themselves as full-time resident owners or tenants, with 16 defined as part-time/seasonal owner or tenant. There were 10 respondents that stated they were both a full-time resident owner or tenant and a Southold Town business owner. Four respondents were North Fork visitors, and 2 respondents were property owners that lived elsewhere. Covenants and Restrictions When asked about the Covenants and Restrictions proposed by the Tuthill Conservation Subdivision, 46 or approximately 81% of total respondents answered, "I oppose the allowable uses listed in the Applicant's Covenants & Restrictions inconsistent with the Town's Comprehensive Plan". Although unprecedented as part of the subdivision approval process, the petition sought to assess the level of participation if an opportunity to be involved with crafting an acceptable Covenants & Restrictions document was offered. Of the total respondents, 22 (or 39%) state,: "I support the creation of a community based Scenic Committee to assist the Planning Board in crafting an acceptable Covenants & Restrictions document for the South Dyer Conservation area". Alternatively, the petition allowed for respondents to identify allowable uses for the South Dyer Conservation Area. Comments relating to examples of acceptable uses included: • "Farming and wildlife and/or public access for enjoyment." "Farm access only." • "Existing agricultural farming that does not include any plants that grow taller than 3 feet so as to preserve the view. Given traffic issues along that stretch the land should prohibit any tents, buildings or public events as the traffic from the ferry already makes it hard for residents to get out of their driveways during the summer and fall. No farm animals that make noise or emit gaseous odors should be allowed on that land. No events or operations that emit loud sounds should be permitted as this is a residential area. No boats or operational barns or storage facilities should exist other than those existing currently. These will impact the existing residents and their rights to their lifestyles and views which impact their property values. Loud noise and visibility issues that impact neighbors must be addressed." • "Here are a few issues that must be addressed: noise and smell pollution with farm animals, increased traffic and noise pollution from any events or restaurant type service at the farm stand especially given heavy ferry traffic it will be difficult to get out of the driveways, impeded view due to new buildings, tents, operational equipment expansions or planting of trees that would grow to block the view, sound pollution from events, additional operational equipment, generators, etc. These covenants are very broad currently and highly intrusive to the surrounding neighbors...they must be heavily restricted to ensure the preservation of the views which was the original intent restricted to farming and minimizing activity that would harm the neighbors with smell, sound or vision. Thank you for your attention to this urgent matter.!" • "We are against all of the allowable uses listed in the Applicant's Covenants & Restrictions, except for the storage of farming and fishing equipment housed in a small structure." 2 Rackett's Court Access vs. Existing Alternative Farm Road When asked about the proposed use of the west side of Rackett's Court as an access route to the South Dyer section, all 57 respondents stated, "I oppose the use of Rackett's Court for South Dyer access". Of the total respondents, 36% stated, "I support the viable Alternative "Farm Road" access submitted to the Planning Board", particularly in light of the need to serve the pre-existing aquaculture business as well as the new residential lots. Additional Comments • "For god sake they own a [Farm]road already USE IT." • "They have a[Farm) road already Use it. " • "The road access must not be widened so that it intrudes on the neighbors to the east of the proposed road and existing access road." • "The Rackett's Court expansion must not impede upon the existing g residents who use that road currently to access their properties." • "We need to preserve the land and maintain the vistas that are so much a part of Orient." • "Once usage starts we will never get it back the pristine beauty that makes us want to live there and own homes- can nothing be sacred?" • "Ruins the best view in Town of Southold." • `9 stand behind all concerns originally raised regarding the environment impact that this subdivision and proposed buildings and development will have. Conclusion The on-line petition provided an opportunity for participation and expression of all viewpoints as it relates to the proposed Tuthill Conservation Subdivision, particularly the South Dyer section, south of Route 25 (Main Road) in Orient. he most immediate Orient community (53% of respondents) clearly expressed serious concern for the proposed Covenants & Restrictions and the proposed access utilizing only the west side of Rackett's Court, even though the Farm Road alternative presented to the Planning Board is in active use and can easily serve the growing aquaculture business and the new residential lots. It is the hope that the Applicant and Planning Board recognizes these concerns and that the Final Plat is modified to address these critical issues. 3 ON-LINE PETITION LET YOUR VOICE BE HEARD Let Your Voice be Heard and Take the Initiative to Reshape the South Dyer Covenants&Restrictions tomaintain Southold Town's scenic resources,define maintenance procedures and manage growth. Southold Town and its Planning Board must advocate for and negotiate on behalf of the community and perform good planning practices to ensure that future generations can cherish what exists today. REVIEW: | have reviewed the DOCU��BNTSassociated with the proposed Tuthill Conservation Subdivision,with special attention to the Final Plat for the South Dyer section. (requined) o YES SELECT WHAT APPLIES TO YOU-*Southold Town includes all hamlets and villages:(required) o |am a Southold Town full-time resident owner or tenant. o |ama Southold Town part-time/seosona| resident owner ortenant. o | ama Southold Town business owner. o | amo Full/Part Time/Seasonal worker. o | ama Southold Town property owner, but live elsewhere. o | am a North Fork visitor. o Other COVENANTS&&RESTRICTIONS(required) o | oppose the allowable uses listed in the Applicant's Covenants& Restrictions inconsistent with the Town'sComprehensive Plan. o The allowable uses for the South Dyer Conservation Area should be restricted to: o I support the creation of a community based Scenic Committee to assist the Planning Board in crafting an acceptable Covenants&Restrictions document for the South Dyer Conservation area. RACKElT`S COURT ACCESS(requined) o I support the viable Alternative"Farm Road" access submitted to the Planning Board. o | believe that Racke1±'s Court access will have no negative impacts. ADDITIONAL COMMENTS NAME(not required) We do NOT SHARE your information with any other group or business without your permission! First Name Last Name Address Line 1(required) Address Line Z City(required) State (required) ZIP Code (required) Country 4 %i c IRENE TREIBER 1 4 025 ESOUPLANNING THOLD TOWN N %% 310 Oyster Ponds Lane, Orient NY 11957 pstreiber@gmail.com i 04/01/2025 / Town of Southold 'j 'jj Planning Dept Of 54375 State Route 25 /, Southold NY 11971 Dear Planning Board, i/r ' As owners of property at the above caption address, we are strongly opposed to the Tuthill subdivision and particularly for the south Dyer parcel. First and foremost, building four homes on that property wouldim absolutely destroy the scenic nature of the north road and coming in and leaving the village. Second, the proposed covenants and restrictions I feel as rendered by their proposal are too broad. They need to be brought back to reality. Thirdly, their use of Rackets courts access is again on tenable. That is our driveway that we used for our home. They have a separate commercial road that goes to the Oyster Company and � that should be the primary way of accessing that property not through my front yard. We have sent to you specific Engineers reports that spell out deficiencies for them to use the right of way in lieu of a / commercial road. They currently already use. Please check your records accordingly. %V Irene Treiber /i §0 ,"'M a/it r ,'% jg ..�ii/ r ,,,r/! „ri/,iii/ %s�%i%///////! ,. rrr, „w ��, ,,,,err ,,,,,,,� „!„ ,,,�, iiii.,,, ,,,, ,,,,,,,,,,,,, r., ,,,,� i ,���/ „�, „ ,, /% i ri IRENE TREIBER a SOUTHOLD TOWN 405 Racketts Ct Orient NY 11957r� ° ra ;rrrrr/' 04/01/2025 Town of Southold „r rrro,. Planning Dept `r 54375 State Route 25 Southold NY 11971 r - err /r,,;; Dear Planning Board, r„ As owners of property at the above caption address we are strongly opposed to the Tuthill's subdivision P P tY P 9 y PP %% and particularly for the south Dyer parcel. First and foremost, building four homes on that property would absolutely destroy the scenic nature of the north road and coming in and leaving the village. Second, the , proposed covenants and restrictions I feel as rendered by their proposal are too broad. They need to beAARMII brought back to reality. Thirdly, their use of Rackets courts access is again on tenable. That is our driveway that we used for our home. They have a separate commercial road that goes to the Oyster Company and that should be the primary way of accessing that property not through my (rant yard. We have sent to you /iii ji% ; rrr ' specific Engineers reports that spell out deficiencies for them to use the right of way in lieu of a / r for commercial road. They currently already use. Please check your records accordingly. ram/ Irene Treiber ,,, r j� �rrrrr- �/I 711' . . �F� ii ge / /SON M/. KELLY TREIBERlmmmn SOUTHOLD TOWN PLAMNIG BOARD Town of Southold Planning Dept % 54375 State Route 25 /f Southold NY 11971 f Dear Planning Board, Y As an owner of property at 4040 Dee Hale Drive, Mattituck N 11452 , 1 am strongly opposed to the ' r p p' tY P Y � g Y pP Tuthill's subdivision and particularly for the south Dyer- parcel. First and foremost, building four homes on that property would absolutely destroy the scenic nature of the north road and coming in and leaving the village. Second, the proposed covenants and restrictions I feel as rendered by their proposal are too broad. .../0/ They need to be brought back to reality. Thirdly, their use of Rackets courts access is again oil tenable. j �� That is our driveway that we used for our home. They have a separate commercial road that goes to the ��� Oyster Company and that should be the primary way of accessing that property not through my front yard, We have sent to you specific Engineers reports that spell out deficiencies for them to use the right of way 15,�D /j In lieu of a commercial road. They currently already use. Please check your records accordingly. i%/? 1/0 M r a i„ '%//� „f /% g` a e, /i p;;,r jvp %, j j/Gi, u ,,,, rill rr %/ r -,,, r,m ii, r r %/r/it /i/ „„ ii/////// //°'i /%i //// / %� -11 IM,ii %/ ���//%/ / N, ' PETER TREIBER JK APR 1 4 2025 1 SOUTHOLD TOWN PLAWANG BOARD agg, j Town of Southold Planning Dept10 54375 State Route 25 // Southold NY 11971 ' Dear Planning Board, As an owner of property at 38320 CR 48, Peconic Ny 11958, I am strongly opposed to the Tuthill's ' -31 subdivision and particularly for the south Dyer parcel. First and foremost, building four homes on that ' lggg& 'M, property would absolutely destroy the scenic nature of the north road and coming in and leaving the ,i,�� i 9 proposed Y proposal %village. Second the ro osed covenants and restrictions I feel as rendered b their ro osal are too broad, They need to be brought back to reality. Thirdly, their use of Rackets courts access is again on tenable. That is our driveway that we used for our home. They have a separate commercial road that goes to the i Oyster Company and that should be the primary way of accessing that property not through my front yard. We have sent to you specific Engineers reports that spell out deficiencies for them to use the right of way rrr in lieu of a commercial road. The current) ahead use. Please check our records accordingly. Y Y Y Y PeFerTrei ber Jr r „//�j i��, MAN r r jam/ %.// ri/ rGi,� o- /iiz / �,,,,�, ,,,,,,, ������iiii�ri. i % NX PETER S TREIBER APR 14 2025 , /j SOUTHOLD TOWN /f a/ Pk. NCtiVpN'n BQ' 41 �% /ggi AXI i 310 Oyster Ponds Lane, Orient NY 11957 pstreiber@gmail.com //D%/ ' 04/01/2025 Town of Southold Planning Dept Oi/i/ ffz rri 54375 State Route 25 Southold NY 11971 f'O ,�� r,,, Dear Planning Board, rr, As owners of property at the above caption address, we are strongly opposed to the Tuthill's subdivision f/ME, and particularly for the south Dyer parcel. First and foremost, building four homes on that property would g absolutely destroy the scenic nature of the north road and coming in and leaving the village. Second, the // proposed Y proposal Y ro osed covenants and restrictions I feel as rendered b their ro osal are too broad. The need to be �� brought back to reality. Thirdly, their use of Rackets courts access is again on tenable. That is our driveway L that we used for our home. They have a separate commercial road that goes to the Oyster Company and 55, that should be the primary way of accessing that property not through m front yard. We have sent to you r P Y Y 9 P P tY 9 Y Y Y j' specific Engineers reports that spell out deficiencies for them to use the right of way in lieu of a commercial road. They currently already use. Please check your records accordingly. /q /r/% MR` / Pe S Trei r . ii wi o� ,rrr ;ire; r/r r rr//�rr r�r rr r ruin., /i loft R FTER S TREI15t N R S a 405 Racketts Ct Orient NY 11957 1 PLANNNG BOARD 1 r ////%j 04/01/2025 d Town of Southold `r Planning Dept 54375 State Route 25 Southold NY 11971 t Dear Planning Board iij As owners of property at the above caption address, we are strongly opposed to the Tuthill's subdivision and particularly for the south Dyer parcel. First and foremost building four homes on that property would absolutely destroy the scenic nature of the north road and coming in and leaving the village. Second the 0 proposed covenants and restrictions I feel as rendered by their proposal are too broad. They need to be brought back to reality. Thirdly, their use of Rackets courts access is again on tenable. That is our driveway ,// that we used for our home. They have a separate commercial road that goes to the Oyster Company and that should be the primary way of accessing that property not through my front yard. We have sent to you specific Engineers reports that spell out deficiencies for them to use the right of way in lieu of a % commercial road. They currently already use. Please check your records accordingly. i /„ P Tr r / ii Flo//o, //rrr �i In „/ail / 171 d w Ln 0 @,.. 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'..J..................,. „ ........,. p� ....,._.. _..,.,.._. ..,....,.. . ..,..__, ...._...._w., 0 Complete kerns 1,2,and 3.' A.Signature N Print your name and address on the reverse x E3 Agent so that we can return the card to you. 19 Addressee 0 Attach this card to the back of the mailplece, B.Received by C.D Pf Defivery or on the front if space permits. 1.Article Addressed to: D.Is delivery address dill orlint from item 17 E3 yes e YES,enter delivery address below: [3 No C dV- s V. "j -r rt If PC) (30)(q-t? 1,4 4,5' "low-As.0, tZd Velvica,'[�qse 13 Nority Mall EVMsO 00 I als, 11,nalove, 13 Ragisterod MOW r ftnetwe ReaUlcted Delivery 0 R Wared Mail Restricted 9590 9402 7181 1284 3103 36 WC10 I fed MagO Dzen, 1,3 Ce 13 Signature 0oarhanuffon'm 'o=MajIResb1ctedDelIvery n Delivery 13 ftnature ConfinnaVon 2.Article Number(transfer from service label) 11 Collect on Delivery Restricted Delivery Restricted Delivery 0 Insured Mall 0 Irraua d Mail Restricted Delivery 710 5270 0006 4796 23 Domestic Return Receipt 9589 0_..__ 11 i 1164- OEM 0M.- 0 N Complete Items 1,2,and 3. A.x 1119X4" 0 Print your name and address on the reverse 0 Agent so that we can return the card to you. .1 N� 10 M Addressee 0 Attach this card to the back of the mailpiece, &.-Fi-ecW1ve­d-b-W-hhted-Name) C.Date Delivery '?or on the front if space permits. I �1 21 1.Article Addressed to: D.Is delivery address different from Rem 19 El Yes IKO Ojekw 'Pas Ll\ L-L-C If YES,enter delivery address below: C3 No PO SID'i 64� Orlt'41 Jkl Vervice Type 0.'lifiSig riority Mat explasse .u, .nature 0 P"Iered WPM nature Restricted Delivery 0 ggsj�sdl Mail Recatered 9590 9402 8040 2349 4660 37 V"Ued Mal a "0 0 Certified Mail Restricted Delivery 13 Signature OonlinnaU0014 0 Colfeot on Delivery 0 Signature cornkmsUon 2. Article Number(Transterfrom service label) El Coliecl on Delivery Restricted Delivery Restricted Delivery 0 Insured Mall 0 Insured Mall RasMotedlivery 958901710. 5-270-OP-106-4793'- -9 Domestic Return Receipt • Complete items 1,2,and 3, A.Signature • Print your name and address on the reverse t)t4()�4 Agent so that we can return the card to you. M Addressee •Attach this card to the back of the mallplece, B.Received by( ae"Nam) C.Dim a Delivery or on the front if space permits. �19 1.Article Addressed to: D.Is delivery address different from item 1? 13 Yes Pro"(, F-Voil I;O+t If YES,enter delivery address below: C3 No F6 -1:w t-M *310 .go 'emy. 5-r.-? M'Ice Type 0 Priority Mall ExpressO ,Signature 13 Registered Malln' Vulfivnature Restricted Delivery 0 Registered Mall Restricted 9590 9402 8040 2349 4659 86 Un ad Mal 9 r) very 0 Certified Mai Restricted Delivery 0 Sig "nature 11 contirmation- 0 Collect on Delivery Signature Confirmation 2. Article Number(Transfer from service 660 --------------0 Colle ct on Delivery ry Restricted Delivery Restricted Delivery 0 Insured Mall 0 Insured Mall Restricted DoOvery 9589 0710 5270 0006 4792 65­­ML- Domestic Return Receipt 11 Complete items 1,2,and 3. A.Signature it Print your name and address on the reverse X C3 Agent so that we can return the card to you. X- 13 Addressee 0 Attach this card to the back of the mallpiece, Pee (Printed NMnq) 0.Date of Delivery or on the front if space permits. 1.Article Addressed to: D. ry Vdellve address different from item I? ❑Yes Pall I so,Vj f YES,enter delivery address below. C]No AVe. A&q(41 "r W) York uY (OC (01 3 ervice Type 0 Priority Mall ExpreasS it Signature 13 Registered Mail'- 110 III 1111111111111111 1 Sig ature Restricted Delivery 0 Rettered Mall Restricted 9590 9402 8040 2349 4656 03 Ozilied Malle De very 0 Certified Mail Restricted Delivery 0 Signature Confirmation'm El Collect on Delivery 0 Signature Confirmation 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery Restricted Delivery 0 Insured Mail 0 Insure--d Mail Restricted Delivery 9589 0710 5270 0006 4799 82 Domestic Return Receipt ........... .......... 0 Complete Items 1,2,and 3. A.$19 8 Print your name and address on the reverse x 0 Agent so that we can return the card to you. f 0 Address" It Attach this card to the back of the mailplece, B.Re;s; ved to C.Date of Delivery —or an the front If space permits, I 4j, I 1, A�Clo Addressed to. - D.Is delivery address tare ntfroor item J? nYes, 1QOLVI 9twMill(I If YES,enter delivery address below. 0 No 4a 57 r 2"ri 4. W Gj- -A, 00 G .11 :?3 rvie,lype 0 Priority Mall Expresiflis A.,6dc t Signature 0 Registered MI I it Sign loser Restricted Delivery 0 Rat 9590 9402 7181 1284 3100 39 ;.t. 'twed Mall Restrlotadi I Corlified Mal[W Dana CJ Certified Mall Restricted Delivery 0 Signature Confirmationm 13 Collect on Delivery 0 Signature Confirmation 2. D Collect on Delivery Restricted Delivery Restricted Delivery 0 Insured Mail 13 Insured Man Restricted onstvary 7j 9589 0710 5270 0006 4793 164 Domestic Return Receipt mom • Complete items 1,2.and 3. A.Signature •Print your name and address on the reverse x ❑0 Agent so that we can return the card to you. .....Addressee •Attach this card to the back of the mallpiece, B.Fiscal ed by(Printed C.Date of Delivery or on the front If space permits. (r4(,/,.,</ j- 1.Article Addressed to: D.is disilveryaddress difismint from train 1? 0 Yes If YES,enter delivery address below: E3 No Lori Felt-t n Fo sox2,(��5 4r�wt� gay C1 5 jIII 3 0 Pftdty Mail Exorers& 0 Registered Mal Restricted Delivery El R:rterod Mal:,RwMcted v 9590 9402 7181 1284 3104 28 D vey 13 Certffled Mall Restricted Delivery 0 Signature Confirmation- 0 Collect on Delivery 0 Signature Confirmation 2. Article Number(Ranstar Prom son label) U Collect on n Delivery Restricted Delivery Restricted Delivery 0 Insured Mail 0 Insured Mail Restricted Delivery 7 9589 0710 5270 0006 4793 26 Domestic�Retum Receipt 8 Complete items 1,2,and 3. 15 Print your name and address on the reverse ❑0 Agent so that we can return the card to you. x 13 Addressee Delivery or If fivery Received 1A 1,�Wld Nam or on the front if space permits, 8 Attach this card to the back of the mallplece, "see iv. ass 1. Article Addressed to. EM�11.ddivery ass different from Komi? OYes MoLNP-A- '1 144- Tit R YES,enter delivery address below. E3 No 84 -TePN PuT 1530 mjs%iir-, 0(,11 3eervice Type 0 priosty Mau ertmostir Ad ature 0 Registered MaR 0 U."881'g nature Restricted Delivery r3 Rag[toned Mail Rientord �infl Allied WHO D= 9590 9402 7181 1284 3101 21 0 Cartiffled Mail Restricted Delivery 13 Signature Confirmat(I ]0 Collect on Delivery [3 Viinsture Confirmatton 2. 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CIL 0 Is ........... .............. m 0, cn < < CD CD CD LL cr "IF CD SD C, En CL/,rr///%///% ////////////////////////////////////// % C CL 0) CD C3 0 CL gm / /,,, / %%/ ji KDCL Z p!a CIL aaaaaaaaaaaaaa" % j / �. — CZ —ID .......... "%/ ,,�// in cr ", //,,,_� CD / ,� % rrrrrrr � C) C300 0 CD ,,/ --(D (313 > > 0 ��� //// M' CD ......................................./',',",',�'�",�,',',',',",���',—'�'—','ll""IlI .............. ... ..........-,//�/ ""......... 10' 6 L h 9000 OiL29 OT L D 6 Q S 6 " %j/ iiiiiiiiiiiiiii ............ ................... . . ........... .......... ............. MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JAMES H.RICH III �� Southold, NY 11971 Chairman " OFFICE LOCATION: MIAJEALOUS-DANK Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 MARTIN H.SIDOR " (cor. Main Rd. &Youngs Ave.) DONALDJ•WILCENSHI ° CouSouthold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 8, 2025 Mrs. Carol Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: Public Hearing — Proposed Tuthill Conservation Subdivision SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Zoning District: R-80 and R-200 Dear Mrs. Tuthill: A Public Hearing was held by the Southold Town Planning Board on Monday, April 7, 2025 regarding the above-referenced application. The Public Hearing was held open for written comment for 30 days, until May 7, 2025. If you have any questions regarding the above, please contact this office. Respectfully, James H. Rich III Chairman Svb�r Barbara J. Cohen P131 R LLI N1 I PO Box 391 APR 0 8 2025 Peconic NY 11958 SOUTHOLD TOWN PLANN NG BOARD bicglanninp.;-::;mail.com My name is Barbara Cohen and I am here speaking on behalf of myself, a Southold Town resident and real estate planning consultant for 35 years, and speak on behalf of the Rackett's Court resident owners who have asked me to assist in articulating their concerns. Whether I am driving to the Orient Yacht Club or looking back at the shoreline from a sailboat in Orient Harbor, I always say to myself— Wow — we're so lucky to have these spectacular vistas, particularly the most iconic South Dyer section of the proposed conservation subdivision. My comments about Orient's Vistas, Covenants-Restrictions, Rackett's Court Access, and the Orient Historic District are directed at South Dyer. The other large parcels may have similar concerns. Before I forget ---- we would appreciate if the Board would keep the record open to submit public comment expressed in the SaveOrient'sVistas' Petition results. To be clear, we are not the enemy of the Applicant, nor of the pre-existing Farmstand and Shellfish businesses, nor of the Planning Board. The Applicant has every right to propose a subdivision plan. We simply want the design for the 1 South Dyer section to reflect good planning, be consistent with the Comprehensive Plan, provide clear definitions and incorporate the thoughtful, on- going input from those most impacted. In other words, the South Dyer plan needs to do better. Preserving Orient's Vistas In 2014, the community came to this very room to make the point that preserving the designated NYS Scenic By-Way was extremely important and all planning decisions must uphold this priority. Documents from every source say the same. To date, over 50 respondents (including two Tuthill family members) object to any uses that would intrude on the view and/or cause increase in traffic and demand for parking for large scale events and restaurant-type operations, excessive noise and other environmental impacts. Covenants and Restrictions Of the 20 proposed uses listed, most speak to the open conservation area's alignment with agriculture and aquaculture interests. However, since agri- tainment is synonymous with agriculture (unless the zoning update changes this), the negative impacts of this activity and the large-scale events listed must be taken into account and should be severely restricted or removed altogether. The large object storage "RV storage, classic cars, etc." not associated with farming/fishing should be removed. Clarity and guidance must be applied to the 2 references to new construction as well as non-profit and profit businesses. More definition is in the interest of the commercial business at South Dyer and to future enforcement, which unfortunately, all too often, becomes the responsibility of the community. Much can be avoided if the CnR is made consistent with the respective profiles of each of the parcels. Since the Applicant's request for a two-year extension, I think a fast review is in order. Rackett's Court Access Conditional Sketch approved in 2019, absent of the covenants and restrictions that now accompany the Final Plat. It appeared rational with the required clustering of new lots, accessed by the existing Farm Road. Staff and Board review required the 5 house lots to be reduced to 4 and the lot to the west of the Farm Road removed, and reference to 30' road width for highway and emergency services requirements. The Farmstand was defined, but the pre- existing Aquaculture facility was not and continues to be missing from the map. Correctly, both are part of the conservation area, but they are commercial businesses that have operating needs and should have clear guidance for their growth. 3 By 2021 , the Applicant's non-technical Concept Plans introduced a radical change to the access route at South Dyer— Farm Road to the private residential Rackett's Court. Rackett's Court residents and those on Oysterponds Lane formulated a response to the Planning Board and took the initiative to reach out to the Applicant to get a better understanding. Despite multiple meetings with the Applicant, we could not get an answer as to "why Rackett's Court" and despite multiple submissions to the Planning Board, there is no evidence of a rigorous review of this issue, and the Applicant was led to believe this was acceptable to the Board. At their own expense, the Rackett's Court residents undertook an independent analysis to test the Concept Plan and compared it to the Farm Road approach. The viable alternative to Rackett's Court is the partial improvement of the Farm Road as it serves the residential and commercial interest and avoids any potential conflict on Rackett's Court given the multiple ownership structure. The Final Plat showing half of Rackett's Court at 24 feet in width, less than what's required, is fraught with future conflict and is not a solution. To date — all respondents of our Petition expressed support for the Farm Road alternative. 4 Orient Historic District The May 2019 Staff Report and the EIS Findings Statement incorrectly state that the new building lots are not within, but rather adjacent to the Orient Historic District and should be stated in the CandR. According to the original 1976 Historic District application maps and narrative as well as Edward Webb's testimony, Chair of the HPC in 2019, the new building lots are clearly within the Orient Historic District and subject to HPC review. This condition should be stated in the CandR and the HOA as well. I would add that the full Orient Historic District document should be made available on the Town website and be an Appendix in the zoning update. Closinq Remarks The Community has participated and voiced their concerns at the beginning and now at what is the last public hearing. The Rackett's Court resident owners have made every effort to assist and inform both the Applicant and the Planning Board. Sure, it's a long process, but every step is critical to crafting the best plan and to maintain faith by the community that their concerns needing to be addressed don't fall on deaf ears. It is not too late to make these reasonable modifications. Members of the Board and the Applicant, it is in your hands to do better now and for the future. 5 SOUTH DYER CONDITIONAL SKETCH -2019 -- -- ------ 4 1 94r z it FA TANO 21. 00, • is. -110 4.9 H OPEN SPACE TOTAL=l 242.891 sq. ft. LAND=604,730 sq. ft.Up 8 '-----,lllETLAND=63 .151 sq. ft. LOT I yi 30,271 sq. ft. 01 to 01 rJ Ap t 41 Ti.1— Z,0 N89-07.16-W CONCEPT PLAN -2021 Lot 1 31,453 sgft Lot 2 32,962 sgft t Lot 3 �i 36,391. sgft i Lot 4 39,9 sgft r 1 SOUTH DYER- FARM ROAD ALTERNATIVE Farm Road Access with T-Shape Entry for Lot 1 District R-80 _ Minimum requirements for 14amily detached Dwellings Lot size,SF 80,000 Lot width,Ft 175 Lot Depth, Ft 250 Front yard, Ft 60 Primary Front yard, Ft 60 Secondary front yard, Ft 40 Side yard,Ft 20 s Both side yards,Ft 45 Rear Yards, Ft 75 Livable floor area (SF per dwelling) 850 � Maximum permitted dimensions: "` c Lot coverage 20 ,��P Building height, Ft 35 �Of Number of stories 2.5 f, P9 r, V ,•• yr. f ' J� C` Qi ro' ^O„° 60 na• Gj 1<0 SOUTH DYER FINAL PLAT-2024 I 'r ht;, 141 ° jke, seo•.a.�t � a• � »ei��t 1 0 1------_ ��ffdJ{ pop ek 'air -ttr • • • • • 1 DEVELOPMENT RIGHTS TO•eC SotD,� r • . � It` �-_' .`,, ' rrn Npi 11 wt�•haS V y�b�/-_��� ��4,� • � I � f fuulm n scaa) a�,a ��"•T x w� o ri • ' \ l% SLOT ' / ` - i 4p • • ,\ jAr •o. 0 moo k • • I 1 �,, fps ,� • .j dRt14 O N69'07'16'W 31Y.S5' s,,6-F Submission Without a Cover Letter P HL., r'�T R 0 8 2025 Name: SOtU'THOLD TOWN PLANNiNG BOARD Project Title: j,� �G� 1CL Y4 C, C l CI C c tS SCTM#: 1000 - 1—i _ 14`"1 to Date: /4 `-7 l `Z ! Details of Submission: A, A/ III V Q h ab er Jl (�✓� ,� '� � � �IIIhV�91 VVVV� I t. J S.6; P13, H L, Ivrl FF,31�D L I"(El; E..I I I\11�,/ F APIR 0 8 2025 SOUTHOLD TOWN P�ANNING BOARD My name is Peter Treiber. I am a full-time resident of Orient. I currently live on Rackett's Court. I am here to voice my concerns about the South Dyer plan, particularly the proposed uses listed in the Covenants & Restrictions, the proposed Rackett's Court access route, and the application of the Orient Historic District guidelines for the new building lots. The inappropriate uses listed in the Covenants as they stand now either don't belong or are just too broad. Certainly, the use of the word "etc" neither provides clarity of purpose nor does it inspire confidence that the conservation area and the designated scenic view will be preserved. Allowing this as proposed would-be ridiculous ( PERIOD ). South Dyer's spectacular view of the Harbor and beyond isn't one person's view, but everyone's view to enjoy. Nicest view in the Town of Southold. It's your obligation to save it for our grandchild and for the future. The agriculture and aquaculture at South Dyer are key components of the plan and supporting their operations are important. Managing their growth is also critical, as it must be compatible with the goals of the conservation area. More needs to be said to satisfy the needs and desires of the businesses and the community. We all know the reality and the negative by-products of large events. I ask that the Board please be more thorough and take a deeper look into the Covenants & Restrictions for the conservation area and guide the Applicant accordingly. It just makes no sense why Rackett's Court would be the sole access for all the commercial and residential activity associated with South Dyer, when there is a viable alternative — improving the northern section of the Farm Road and its connection to the new building lots. It is trouble in the making — clear and simple, not to mention, just poor planning. I am not against the subdivision concept, but allowing access through Rackett's Court is putting an undue burden on us resident owners. The multi- ownership and user rights assigned to the street is complicated enough! Thank you. Peter S Treiber SI.-ItrF MT AN 0 8 2025 SOUTHOLD TOWN FLA,NMNG BOARD H My name is Irene Treiber. I am a full-time resident of Orient. I currently live on Rackett's Court. I am here to voice my concerns about the South Dyer plan, particularly the proposed uses listed in the Covenants & Restrictions, the proposed Rackett's Court access route, and the application of the Orient Historic District guidelines for the new building lots. The inappropriate uses listed in the Covenants as they stand now either don't belong or are just too broad. Certainly, the use of the word "etc" neither provides clarity of purpose nor does it inspire confidence that the conservation area and the designated scenic view will be preserved. Allowing this as proposed would-be ridiculous ( PERIOD ). South Dyer's spectacular view of the Harbor and beyond isn't one person's view, but everyone's view to enjoy. Nicest view in the Town of Southold. It's your obligation to save it for our grandchild and for the future. The agriculture and aquaculture at South Dyer are key components of the plan and supporting their operations are important. Managing their growth is also critical, as it must be compatible with the goals of the conservation area. More needs to be said to satisfy the needs and desires of the businesses and the community. We all know the reality and the negative by-products of large events. I ask that the Board please be more thorough and take a deeper look into the Covenants & Restrictions for the conservation area and guide the Applicant accordingly. It just makes no sense why Rackett's Court would be the sole access for all the commercial and residential activity associated with South Dyer, when there is a viable alternative — improving the northern section of the Farm Road and its connection to the new building lots. It is trouble in the making — clear and simple, not to mention, just poor planning. I am not against the subdivision concept, but allowing access through Rackett's Court is putting an undue burden on us resident owners. The multi- ownership and user rights assigned to the street is complicated enough! Thank you. Peter S Treiber TO: FROM: Keith+Chris Scott Morton 1220 Old Farm Road a� H 1' Orient, NY 11957 / . RE:Tuthill Conservation Subdivision South Dyer Convenants✓Restrictions APR 0 8 2025 C^''I._ANNiNG BOARD Southold Town Board Members, " As residents of Orient,we would like to voice our opinion that the conservation area of the South Dyer site should remain open land In perpetuity..The view sheds are quintessential to the scenic byway that begins with the causeway and is the gateway to Orient Point. While we are in support of both the current aquaculture and agricultural use of the waters and land,we do not believe that additional structurfe should be allowed. It would simply not serve the greater purpose of retaining the historic relevance of Orient.Our appreciation for the careful preservation of our cherished views and historic; neighborhoods that has been achieved by Southold town can't be understated. This conservation parcel is the last open land on approach to Orient and points beyond.These unique and timeless views should be protected. Respectfully, Keith and Chris Scott Morton From Sent: Monday,April 7,2025 6:13 PM To: Michaelis,Jessica FDD Subject: [SrAM] Tuthill Conservation SubdivisionHeahng SOUTIHOLD TOWN Hi Jessica, Hope you're doing well. I'm a resident of Orient and was unable to attend the hearing tonight. I was wondering how | might find out more about this project? I'm specifically concerned about the residential plots and developmental rights to be sold along the water behind the Latham farmstand. That is such an important and iconic Orient parcel/view and I think many residents would be upset if it was obstructed. I clicked through on several of the links provided by the Orient Association but couldn't find many details about what a buyer would be able to put there, who is developing the residences, etc. Thanks! Mori8G@ ATTENTION:This email came from an external source. Do not open attachments or click on Links from unknown senders Or unexpected 8rn8ii8' z From: Robert Sorenson <waa,ren,on@gma zom^ Sent: Monday,April 7,z0254:1OPm ' - To: vV Subject: Support for Tuthill Conservation Subdivision To Whom |t May Concern: SOUTHOLD TOWN I am an Orient resident and my famiLy owns 3 properties-2 of which tie in Orient village-and I've known the TuthiLls as friends, neighbors, roLe modets and admirable stewards of this Land for my entire Life.They're passionate about nature,the community, and Orient oouxvhoie' I appreciate the detaiL in which the TuthiL[Oysterponds hoLding company has provided a pLan to preserve their land and protect future generations. It's a great plan which I whoLeheartedLy support in its present form. Nobody wiL[deny how difficuLt it's become to Live on the east end fuLL-time.The business that PhiL and Brian operate using our incredibLe resources is a perfect example of it being possibLe. Oysterponds Sheffish Company supports LocaL business and inspires students,all whiLe contributing to a cLeaner bay. I hope that some individuaLs would stop trying to reguLate their operations by making an already chaLlenging business even harder. | Look forward to the success ofthe oyster company in the creek. I am in fu[L support of the pLan put forward by the Tuthitl Oysterponds HoLding Company and appreciate their commitment to conservation and our way of Life in Orient. Wally Sorenson ATTENTION:This email came from aO external source. C>O not open attachments Orclick oD links from unknown senders o[unexpected 8[O@ii8. 774_,Et I James P Latham rl'(-2�[ERYIMID PO Box 455 � 0 rAPR 0 7 2025 Orient, NY 11957 SOUTHOLD TOWN PLAANNG April 7, 2025 To the Town of Southold Planning Board: I am writing in support of the Tuthill Conservation Subdivision. I am a longtime Orient resident and landowner,of which some property is adjacent to Tuthill property. For hundreds of years,the Tuthilts have been good neighbors and good stewards of the land they own in Orient.As with aitthings,change is inevitable, but I believe that the Tuthills have responsibly balanced preserving their Land in Orient with theirfamity's needs. I am in support of the plans they have submitted most recently. Rega r Pr Latham s.b-F PIS, H L,MT Susan Grella APR 0 7 2025 22040 Main Road sou HOLD raw MANPJNNG BOARD � Orient, NY 11957 My name is Susan Grella. I am a full-time resident of Orient and live on Rackett's Court. I am here to voice my concerns about the South Dyer plan, particularly the proposed uses listed in the Covenants & Restrictions, the proposed Rackett's Court access route, and the application of the Orient Historic District guidelines for the new building lots. The inappropriate uses listed in the Covenants as they stand now either don't belong or are just too broad and ill-defined to be enforceable. Certainly, the use of the word "etc" neither provides clarity of purpose nor does it inspire confidence that the conservation area and the designated scenic view will be preserved. "Classic car storage, and large scale events" should be removed. South Dyer's spectacular view of the Harbor and beyond isn't one person's view, but everyone's view to enjoy. The agriculture and aquaculture at South Dyer are key components of the plan and supporting their operations are important. Managing their growth is also critical, as it must be compatible with the goals of the conservation area. More needs to be said to satisfy the needs and desires of the businesses and the community. The covenants as they stand now, allow for large scale events of any kind -- let's play that out. We all know the reality and the negative by-products of large events ---- noise, increased traffic, illegal parking, not to mention damage to the land itself. I ask that the Board please be more thorough and take a deeper look into the Covenants & Restrictions for the conservation area and guide the Applicant accordingly. Let's not find ourselves singing: "Don't it always seem to go That you don't know what you gat 'til it's gone? Hey, farmer, farmer, .... Leave me the birds and the bees, Please! They paved paradise, put up a parking lot" I would also like to voice my concern for Racket's Court. Of course, Rackett's Court, of which I am a part owner, is a private residential street. It is my street! It just makes no sense why Rackett's Court would be the sole access for all the commercial and residential activity associated with South Dyer, when there is a viable alternative — improving the northern section of the Farm Road and its connection to the new building lots. It is trouble in the making — clear and simple, not to mention, just poor planning. I am not against the subdivision concept, but 1 am against allowing access through Rackett's Court which would put an undue burden on us resident owners. The multi-ownership and user rights assigned to the street is complicated enough! Any proposed changes to Rackett's Court could have the consent of all parties involved and one owner should not be allowed to impose their plans on the other resident/owners. Lastly, it is critical that there be recognition the new lots for South Dyer are within the Orient Historic District and require approval by the HPC. Thank you. SlbF From: George Cav<gcavagnaro@gmail.com> �o j�� n��/7 Sent: Monday,April 7,2025 10:04 AM I ry�l CKEU V MCI D To: Michaelis,Jessica;Westermann,Caitlin Subject: Tuthill Conservation Subdivision-Written Comments for Public Hearing Today APR 0 7 2025 SOUTHOLD TOWN PLANNING BOARD Myna me is George Cavagnaro, and I live with my wife, Jayne, on Rackett's Court and like others we are impacted by the plan for the South Dyer section of the subdivision. We can't speak to the other parcels, and we are not opposing the creation of the overall subdivision. Moreover, at South Dyer, we are very supportive of the two businesses - Latham's Farm Stand with its crops that are grown each year and Oyster Ponds Shellfish, perhaps the largest on the east coast, harvesting the highest quality oysters while contributing to clean water efforts. We are their neighbors, and they are ours, and our relationship has always been cordial and cooperative. From our perspective there are several things that we would like the board to review in detail and it has to do with their proposed covenants and restrictions: Remove the items that are inconsistent with the desires to maintain the view shed such as storage buildings for classic cars and remove the word ETC. If you have the word ETC -to us that means anything can be built. We believe the new construction should only be for the current established agri-aqua- culture businesses. • The other C & R is the one that says they can conduct any profit and non-profit businesses. We believe that should read businesses that only have to do with their current industries-meaning aqua and agriculture, but with the understanding that large scale events and ongoing entertainment type of businesses, generating traffic, need for parking, and noise, is not appropriate. This land's history is farming, and the underlying concept of conservation subdivisions is to maintain the open space aligned with agriculture. As regards the sale of the building lots, particularly the one on the west side of Rackett's Court, we would request that a "first right refusal" clause be added to allow for the adjacent Rackett's Court or community entity the opportunity to purchase building lots to enhance the open space of South Dyer. As far as Rackett's Court: • Simple request-have restrictions on the two roads- o The oyster farm road-should only be used for activity related to their current businesses o Rackett's Court, a private residential street, should be restricted to residential use, not commercial use. o To avoid road maintenance or damage issues as well as the constant flow of construction vehicles associated with the potential building of the new homes over a long period of time, access should be via the Farm Road. Proposing to assign sole access to the west side of Rackett's Court is problematic given the multiple ownership and user rights associated with Rackett's Court. We want to avoid any conflict with the future Homeowners Association. Again, we want good neighbor relationships - respectful,friendly, contributing to a positive and healthy community. i Thank you, George and Jayne Cavagnaro 265 Rackett's Court Orient, NY 11957 ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 5 b R Ll- ± .r U , . From: Howard Schaffer<howschaffer@hotmail.com> Sent: Sunday,April 6,2025 4:18 PM APR 0 7 2025 To: Michaelis,Jessica Subject: Tuthill SOU I HOLD TOWN PLANNING BOARD There are currently no less than 7 new houses being built within 1/4 of a mile from my home. I have been told that an additional 4 houses will soon be built on Orchard Street. Again within 1/4 of a mile from my home.There are 2 gut renovations within 1/4 of a mile from my home. Enough is enough.I moved out here 30 years ago for nature,peace, fresh air... I grow my own vegetables in my backyard and always support the local trades. But things have changed. Not for the better. Big hotels are being built in Southold. Ford and GM sedans are being replaced by Rivians, Teslas, and vintage Mercedes. The quality of life I enjoy is gone.Unfortunately the North Fork is no longer for me. I don't want to live here any longer. If 17 houses are to be built then I will sell and move elsewhere. Sent from my Iphone ATTENTION: This email came from an external source.Do not open attachments or click on links from unknown senders or unexpected emails. 1 From: Linda Apostle <lapostle@hotmail.com> Sent: Sunday, April 6, 2025 4:57 PM To: Westermann, Caitlin P�R 0 7 2025 Subject: Tuthill Conservation Subdivision SOUTHOLD TOWN PLANNING BOARD I am an Orient resident who is crazed by the disingenuous email that I got regarding this subject. I am certain you are familiar with its contents, assembled by a high priced outfit seeking to prevent the Tuthill family from going forward with an 18 year long preparation and proposal for their property. I fiercely resent having been contacted by the 'Save Orient's Vista' perpetrators via what must be a stolen private organization email list since I am not acquainted with anyone against the Tuthill project.Also,the cover of the message features a view of the Tuthill property on from Main Road to the bay. THAT IS NOT THE VISTA IN QUESTION! but was posted as such to scare and influence readers to go against the proposal. Photos and wording show an Oysterponds Oyster truck using Racketts Court. The Tuthill family began that business a number of years ago AND OWN HALF OF RACKETTS COURT! The email discusses views disappearing. WHAT ABOUT THE VIEWS BLOCKED IN RECENT YEARS BY THE COMPLAINTANTS' recently constructed homes in the same area? Please disregard any and all complaints from this group. They have absolutely no standing, are false in the least, and are from relative newcomers who seek to bar a most honorable family of 300 year standing in Orient from their property rights. Regards, Linda Apostle Sent from my iPhone ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i PRESS RELEASE Savor Orient's Iconic Vistas NMM Contact: Barbara J. Cohen SaveOrientVistas@gmail.com SaveOrientV%ta .org For Immediate Release TUTHILL CONSERVATION VATION SUBDIVISION: FINAL PLAT REVIEW TOWN OF SOUTHOLD PLANNING BOARD PUBLIC HEARING G AP IL 7, 2025 AT 5PM Orient, New York -March 15, 2025- The Tuthill Oysterponds Holding Company's 80/60 Conservation Subdivision spans over four large parcels: North and South Dyer and North and South Brown in the Hamlet of Orient. The Southold Planning Board public hearing for the Final Plat Review for all parcels is scheduled for April 7, 2025 at 5pm. Visit SaveOrientVistas.or -1 Learn More I Take Action The Draft govg0ant§ ill3d Restrictionsfor the conservation area are a threat to the most iconic of scenic vistas contained in the South D;ygr section, and the proposed Rackett's Court access to the new building lots ignores the existing "Farm Road"that could continue to serve the growing aquaculture business as well as the new building lots. Southold Town and its Planning Board must advocate for and negotiate on behalf of the community and perform good planning practices to ensure that future generations can cherish what exists today. Scenic Vistas: A Critical Aesthetic Resource Suffolk County's North Fork Trail from Southold to Orient Point offers residents and visitors a range of aesthetic resources characterized by charming hamlets, wineries, expansive farms, wild wetlands, historic sites, maritime life and more. South Dyer: A Spectacular Panoramic View Located south of NYS Route 25 ("Main Road"), A NYS Designated Byway and Orient Harbor, the South Dyer section of the subdivision requires the critical attention with its most iconic Orient scenic vistas, offering an uninterrupted view with rural open space in the foreground and Orient Harbor and Shelter Island in the distance. Every document, whether it be from the Town Planning Board, Local Waterfront Program, Land Preservation Committee, NYS Division of Historic Preservation, public comment throughout, or from the applicant's EIS and Visual Impact Study, recognizes that the full panorama requires preservation. The list of intrusions in the Covenants and Restrictions could disturb this stunning view should be removed. Covenants & Restrictions: Unacceptable and Lacks Critical Language The Draft document prepared by the Applicant reflects their desire to utilize the open conservation area that commercially benefits them, at the expense of the property's inherent value to the immediate community and public at large. The list of allowable uses include, but are not limited to, large object storage, large scale events, family non-profit and for profit businesses, undefined animal husbandry and a lack of framework for new construction supporting the existing Latham Farmstand and Oysterponds Shellfish Company situated within the conservation area, not defined by separate lots. Although the Farmstand is defined as an "Agricultural Redevelopment Area"totaling about 20,000 square feet, the Aquaculture business, occupying about 4.9 acres at the waterfront is not shown on the Final Plat plan at all. There are no guidelines for their future development and the impact on the scenic view shed. Southold Town and its Planning Board must negotiate on behalf of the community and perform good planning practices to ensure future generations will have Orient's scenic vistas. A community-based "Scenic Committee" could assist the Planning Board in crafting a reasonable Covenants & Restrictions document, particularly for South Dyer. Currently proposed, the Covenants & Restrictions are unacceptable and must be clearly defined with critical language that can be enforced. more Save Orient's Iconic Vistas is a group of local residents focused on the preservation and stewardship of our iconic vistas and open spaces. Learn more: v h Vis I Inquiries should be emailed to: i n Vi i PRESS RELEASE Savor Orient's Iconic Vistas Contact: Barbara J. Cohen SaveOrientVistas@gmail.com SaveOrientVistas.org For Immediate Release Orient Historic District: New Residential Building Lots Contrary to the Planning Board's EIS Findings Statement(2019), the proposed four new residential building lots are within the Orient Historic District and therefore are subject to the Town's Historic Preservation Commission review and approval process. The Final Plat consists of four new building lots with an average lot size of 38,550 square feet, larger than their adjacent neighbors. The resulting building envelope and lot coverage associated with R-80 zoning regulations (approx 13,000 square feet) allows for the development of a large home with associated structures. It is expected that any approvals will represent the contextual objectives reflected in the Town Comprehensive Plan and the Village of Orient Historic District. Rackett's Court Access: A Viable Alternative The Final Plat for the South Dyer section demonstrates a major change from the last Planning Board's approval known as the."Conditional Sketch Plan"(Dec 2019). The change of access to the new building lots, from Farm Road to Rackett's Court, is not good planning and has serious negative impacts on Rackett's Court residential owners and ignores the needs of the existing aquaculture operation. Rackett's Court is a private road not intended for commercial use. Moreover, due to the title ownership allocation (east side of the midpoint of Rackett's Court),the Final Plat shows an access width of less than 30 feet, contrary to highway requirements, and Planning Board directive dated October 21, 2021. At present, Oysterponds Shellfish Company's commercial vehicles avoid the dip at the Farm Road-Main Road intersection by using Rackett's Court via the short cut through the Applicant's private property. This activity is well documented with year-round photos, and negatively impacts residents of Rackett's Court. Further, Rackett's Court residents do not look forward to the larger trucks associated with this growing business in addition to future construction vehicles for the new building lots directly to the south. The aquaculture operation and planning for its growth is a critical component of the South Dyer Plan. A vla le alternative to the groposed Rackett's Court access exists, as demonstrated by an analysis prepared by a professional engineering and planning firm that supports the strong conclusion that the Farm Road access route is the best and only alternative, providing sufficient benefits to the Applicant as developer and satisfies the concerns of Rackett's Court resident owners. Utilizing the existing farm road, improved (perhaps with a lower grade design) provides direct access to the new building lots, a direct route for the installation of utilities, clear access for emergency services, and no negative impacts on adjacent Rackett's Court residents property owners. There remains no good reason nor any benefit to the proposed Rackett's Court access scenario. Learn more, find supporting documents, South Dyer area photos, and usable campaign assets to tell this important story before Orient's iconic vistas are gone forever. www.Save0rientVistas.org ........... ... .......... . 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I J, �, p � ema�dAdAax$a�tm �� k m�av] e l�w wda ��I 0 rsu R Receipt i,ardi $ . ��.VaaReceipt(hardcoPyj ^'� " '� [f Realm Reaelpt(elaatronlc) $ x.:& Return Receipt(alectronlic) $ p led Mail Mail Resk6Y @a$CdellveryA Arm S OA'db'baPY Mall RdgafGCA'lud'gafluery $ G"",' p 1T yY u 17 eyi Signature R+0'OI6aNad $ru rU nAduft Sdgmatuca Restrtcted Dellvary'$� `'fir" []Adult Signature Restricted Delivery A�� Ln A faceaa LII a ...... p�a "k b r ! rtatmaasa aaadrel wl r° � �11 A i' Er mrACo Lnm, Ln LrI d0 1 ' ru ruEr Cr fl fl 0 � neiWmra.w ndtia , r 0..,.. �,i.NnVrodMPY1B'aR 0 Pao VtAMN.;KKwWtd'��ww�rNtlN"o mMi� ,. .."..� abmmswuw'SvrwrDwmn µ{�uoreuurnl g roa'�r� rvcaa 9 GV a R aia p..w pro iWMavuhu ,"" r row4nww➢aa, c gM.vwa9u A G ^" �mww ntro t t� � o Cyr ror"amo "Mo as m a d NS et t � reaiaMdvwrvHmvvt ,,.`" f`— �uoua� W. ., fll ( a�amo9 a;^mawv^u D~N a 01Ln u6wracmaP Aaxn�uo aDw.W,iuw a�9wd , ! ¢Mmvaw R �nprb aSw�at a w^ u Ln . 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O a � n Y Q O O O M M O O L N to � Q V L Sv61P Submission Without a Cover Letter � D M7— APR 0 4 2025 Cotr� v 4- � \ 1 1 SOUTNbI D TOWN l.mJ L, NMi BOARD Project Title: r V 4— Co f``, '\10 + ( o f`1 VbG 1 V%,S 14On SCTM#: 1000 - Date: Lq I LI Details of Submission: - � reef-\ carp �-F 1 cl a w ;+,s o p o s+ i n / M e ► � t` AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as oDns'j Vic, by placIn'19-the Town's official poster notices) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on _ I have sent notices, by certified mail —return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on J6� zz- Your erne (print Sign ture Address Date ° 1;1rra x m� wmmia c >r rr u n r - i New w LIJ Pg Note Public 1, 1 1 n,Ito � �ire m4�:'n � �,� f� C, o ��,yr!,rr,ur, Am ° �_0 AREK M ELBARKATAWY r� 0 Notary Public-State of New York ,+ NO.01EL6413650 Qualified in New York County My Commission Expires Feb 1 2029 PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon Fri. 414125 Re: Tuthill Conservation Subdivision SCTM#: 1000-17-4-1 1000- -5-14,.2 1000-18-3- 0. and 1000-10-6-1" . Date of Public Hearing: Monday, Aril 7 2025 5:04 .m., ,rri, r r / rin r / rror 1 i f Or fiAGD r r r/Gi r/r / roi /// ,f �`N'Complete items 1,2,and 3. Sign urea 4 Print your name and address on the reverse E3 Agent 03 do that we can return the card to you. Addresses a Attach this card to the back of the mallplece, m C.Date of Delivery or on the front if space permits. rvTt I _671sdjIhXr_y address different frorn-ftern 1?1;Article Addressed to: 13 Yes 14';yor K.5j'O'f#_ [)PC If YES,enter delivery address below: [3 No AJ4: &ArtOL& &F VeMt F(N� Sant Bldg. 40 Sj&,,,y &XC Serviceignature Type 0 RegistePriority Mail Expresse NY XI Adult Signatures MaJIT4 III III I 111111111 IN 111111111111111111111111111 0 Adult Signature Restricted Delivery 0 Registered Me"Restricted 't Delivery J113 Certified Mails I 9590 13 0�02 8040 2349 4657 19 ❑Certified Mail Restricted Delivery 0 Signature CorrflrmatlonT- I 0 4:;k 4" 0 Collect on Delivery 0 Signature Confirmation 2. Article Number(Transfer from service labah I e Po lect on Delivery Restricted Delivery Restricted Delivery rsdMall 9589 0710 5270 0006 4742 91 ired Mail Restricted Delivery 1­'1.?_'_7..................... ............ 0 Complpte Items 1,2,and 3. address on the reverse,I rse, 0 Agent 0 Print you narrie and omp"t''It Print your n.Items 1'2 a m '6d ad Complete a and 3 r 7e address on the reverse so that we can return the Card to you. 0 Addressee Attach !so r to t of t m so B. Delivery W Attach this card to the back of the mallplece, CS '�?V Fr�t 6 Name) C.Date of or on the front If space permits. d I. Article Addressed to: D.Is delivery address different fmh4.&m 17 U Yes If YES,enter delivery address below., C3 No "Town -P 17 'I P PO aN (I q 7- P _r .,C P-OL).f4pA5 11) y 1071 III III3 Service Type *Priority Mail Expresse ZAdult Signature 0 Registered Malfr- 11111111111111111 Pill III IN 111111111111 0 Adult Signature Restricted Delivery 0 Rgstared Mail Restricted 'W Certified Mail@ Do ve 9590 9402 8040 2349 4657 26 0 Certified Mail Restricted Delivery 0 Signatury re Confirmation- 0 Collect on Delivery 0 Signature Confirmation 2. Article Number(ftitafer from service Ifibef) 0 Collect on Delivery Restricted Delivery Restricted Delivery 071L a insured Mail sa7o000('#47,f3 61 0 insured Mall Restricted Delivery •Complete Items 1,2,and 3. A.!rre, le0 Agent Print your name and address on the reverse so that we can return the card to you. x r'N'A 446 0 Addressee •Attach this card to the back of the mallplece, B.Received by(Printed Name) C.Date of Delivery or on the front if space permits, 1. Article Addressed to: D.Is delivery address different from item I? 13yes LatkaVA Far was Proe-ii4yLj? If YES,enter delivery address below: Q No P0. Or'tek My, 457 3. Servilce Type JOPriority Mail ExpressO 19 Ado Signature 0 Registered Mall'- 11111111111111111111 Hill 11111111111111111111 0 Ad ill Signature Restricted Delivery 0 Canfid MallO Re i&stered Mall Restricted 9590 9402 8040 2349 4657 33 9 CerCertified Mall Restricted Delivery [3 Sign.,y ature Confirmation- 0 Collect on Delivery 0 Signature Confirmation 2. Article NumiWltiinshir frorn,service label) 0 Collect on D,,,,e,Restricted Delivery Restricted Delivery 0:.Insured Mat. .rvav�ReaMctad Delivery f99 0_7 to.5*970 0,9*4-7 •Complete Items 1,2,and 3. A.SiO 0 • Print your name and address on the reverse x X/)Oa" 0 Agent 0 Addressee so that we can return the card to you. •Attach this card to the back of the malliplece, B.Aecelved by(Printed Nerne) C.Date of Delivery or on the front If space permits, 1.Article Addressed to; D.Is delivery address different from item 17 Cl Yes Wt 1(0-5 17 k e J 0C. Trt If YES,enter delivery address below: 0 No PC 50y- 11 ct?A Type 0 Priority Mall Expresorlir 0 Registered Mall- Restricted Delivery 13 drilled Maim Delivery Mall Restricted 9590 9402 7181 1284 3100 15 El Certified Mall Restricted Delivery 0 Signature Ponfisnallonm 0 Collect on De Ivory 0 Signature Confirmation 2. Article Number(Parnster from service label) 0 Collect on Delivery Restricted Delivery Reordered Delivery E3 insured Mall 13 In!tr%MW1 Restricted Delivery 7 9,589 0710 5270 0006 4793 40 Domestic Return Receipt * Complete items 1,2,and 3. A.Signatur Agent at Print your name and address on the reverse X ❑Addressee so that we can return the card to you. *Attach this card to the back of the mallpiece, B.R ived by n �) C.D c f [ivory or on the front if space permits. 1. Ankle Addressed to: .A D.Ns detiv address different from`krem t Ge're.(d;li "tc CJ�CQ. If YES,enter delivery address trvtlow [3o II I II III IIIII 111 IIII I I II II III II I '0R ` Mail p,p�,d�lt SE'gruatura Riecalcted Delivery p9�Isrorad Mall Restricted GTGartlkded MtaXf DeCivary 9590 9402 8040 2349 4658 56 ❑Certified Man Restricted delivery ❑Signature Confirmation*" El Collect on Delivery ''"" ❑Signature Confirmation 2. Article Number Mansfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail i _�,&"9 lurstyrnat M14 Restricted,Delivery I 0 Complete items 1,2,and 3. A.Slgnatu�e 11 Print your name and address on the reverse ( ( ❑Agent so that we can return the card to you. tPfAddressee S.Received by Printed Nam .Date of Delivery Mt Attach this card to the back of the mallpiece, (, ��r� or on the front if space permits. ( I �"" 'jY,:'6" 1.Article Addressed to: D.is delivery address different from item 1? ❑Yes 51 ca n &ar n e y it YES,enter delivery address below: ❑No Ill Cdwaw4s L-11 Or'e,1ff tJ`f (caS7 '1111111 Jill 11111111111111111111111111 II II "s litRestricted Delivery p 9590 9402$040 2349 4658$7 IMo RtoMen tent ❑CertifieMad Restricted Delivery ❑Sign qu o Conti mat4on*+ ❑Collect on Delivery p Signature Conannaticn 2.Article Number(Pansfer from service tared ❑Collect on Delivery Restricted Delivery Restricted Delivery, ❑Insured Ma p Insured Mallll ResUloWd Delivery R ■ Complete items 1,2,and 3. A.Signature • Print your name and address on the reverse ❑ gent so that we can return the card to you. Addreessee It Attach this card to the back of the mallpiece B,Re e2vatl by(Printed N ma)ta C.Data of Datkv or on the front if space permits, 13 1.Article Addressed to: //�� D.Is delivery address different from item 1? 0 Yes A+h e n a s 5�f b f J OCL11 cl(i�C' It YES,enter delivery address below: ❑No Clt lie e lc- Pa F(,dlC.kz 5 Kaxi, "-T"-rt'e. Poc d'Service Type ' Pd0flty Man EKPaSVD II III I 1111111111 III 111111111111 Jill I III IIIII Adult Signature p Ruglsiveod WIN p Adult Signature Restricted Delivery p R [stared Malt Restrh"o 9590 y9 C!a?$040 2349 4657 02`6 p Certified Man@ Deivery R9 1 7" Co lect on Delclingied Mail ivery Delivery 0 Signature Conature nfirmation mation 2. Atticfa Numtaa,(1rarbsfe 6n97d service lvr&tel) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mall 11 ' «7' m? .w p tmumd ran Reetneted Delivery ._ _ .:.. .. u..:l Complete items 1,2,and 3. A.Si{J tore N Print your name and address on the reverse "t ❑Agent so that we can return the card to you. X � MAddressee M Attach this card to the back of the mailpiece, B.Received by(Printed Name) C. ate of Delivery or on the front if space permits, -A W ,v(oL ut9 S' " 1.Article Addressed to: D.Is delivery address different from item 1? ❑Yes The, /i t J G,Fp u,,p If YES,enter delivery address below: ❑No PO �4X 4 55 V_ CSrtw�� , NV I 57 3. Service nI I I I I II I IINI 1II III III IN IIIII II 0WAd Adeult nSl Mall Expressile gnatumRestrictedDeliver Rog PriorityMall Restdrtetl 9590 9402 8040 2349 4656 96 !'Certified Mal* °°°ON p Certified Mail Restricted Delivery p Signature ConflrmationTM ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(rrensferfrom service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail q6n 0716 5A `70 O W 6 47q) 0 insured Mail Restricted Delivery aver$5W PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Vd�mpl-t,Items 1,2,and 3. A.Signature "rinfyour name and address on the reverse 0 Agent so that we can return the card to you. 0 Addressee 8 Attach this card to the back of the mallplece, B.Received by(Prints t'Name) C. or D8 t f Delivery or on the front if space permits. 1, Article Addressed to: D.Is delivery address different from item 1? EJ Ye, \A 1,till,i CL ff% Me 14CLa3%Nr If YES,enter delivery address below: CI No PC) ?-0-4 5-q 0 ri;4,41-. Al Vervice Type 0 Priority Mail Expre5sS, Ad a S gn-ure 0 Registered Mall'- 7.,a.:gnature Restricted Delivery E3 Registered Mail Restricted r 9590 9402 8040 2349 4656 34 ❑coffified Mere Del very 0 Certified Mall Resuloted Delivery 0 Signature Confirmation- 0 Collect on Delivery 0 Signature Confirmation 2. Article Number Mansfer from service label) 0 Collect on Delivery Restricted Delivery Restricted Delivery El Insured Mail 0 Insured Mall Restricted Delivery ♦ 410 M11:11PIN •Complete items 1,2,and 3. • Print your name and address on the reverse X Agent so that we can return the card to you. &7SIgn. 13 Agent III Attach this card to the back of the mallpiece, d Nno-7.5 o 1 Delivery or on the front if space permits. 1 Article Addressed to: D.Is delivery address different from Item 1 —Yes Ed Vlard CaWprtelid If YES,enter delivery address below: No pq;t(,o tYL(A.*, A Type 0 Priority Mail ExprossO Adult Signature 13 Registered Mai VSil aturre Restricted Delivery 0 Registered Mall Restricted 9590 9402 8040 2349 4656 27 c%�t llad M8110 Delivery 0 Certified Mall Restricted Delivery 0 Signature Confirmation,- 0 Collect on Delivery 13 Signature Confirmation 2. Article Number(Pansicr from seMca label) 12 Collect on Delivery Restricted Delivery Restricted Delivery 0 Insured Mall M Insured Maki Restricted Delivery ........... ........... • Complete items 1,2,and 3. A.Siqnafia� • 13 Agent Print your name and address on the reverse x 0 Addressee so that we can return the card to you, •Attach this card to the back of the mallplecer, S.Received by(Printed Name) C.Date of Delivery or on the front if space permits. I 1.Article Addressed to: D.Is delivery address different from item 1? 13 Yes I!YES,enter delivery address below; (3 No 5 202� 3 ervicer 7yoo 0 Priority Mall ExpressO 111111111 Jill IIIIIIIIIIIIIIII III VAdult:Signature 0 Registered Mall- It ftnaturre ROWWW Defiieny 0 R 11trared Mall Restricted iv y 1 0 difierfmaim DVI 9590 9402 8040 2349 4659 17 W-1 0 Certified Mall Restricted Wivery 0 Signature Confirmation- 13 Collect an 0:11very CI Signature Confirmation 2. Article Number(Transfer from service label) 13 Collect on Delivery Restricted Dollvary Restricted Delivery 13 Insured Me# Minoru rtqMaH Restricted Delivery 8 Complete items 1,2,and 3. A.Signature IN Print your name and address on the reverse x 0 Agent so that we can return the card to you. 13 Addresses IN Attach this card to the back of the mallplece, B.Received b (P firit I Name) 0.Date of Delivery or on the front if space permits. V 1.Article Addressed to: D.Is delivery address different from item 1? 13 Yes La W"P41, LL AILIXIC, If YES,enter delivery address below: 0 No So S S L'L I O-W— Ice Type 0 Priority Mail ExpressO 111111 Jill 11111111111111111111111111111111 VAdEuZtSfgnaAurs 0 Registered Mal�74 " "nalure Restricted Delivery El Registered Mai Restricted 9590 9402 8040 2349 4659 00 VCf,!11!d"M Da very 0 Certified Mall Restricted Delivery Cl Signature ConfirmationTm 0 Collect on Dellvety 0 Signature Confirmation 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery Restricted Delivery 0 Insured Mail 0 Insured Mall Restricted Delivery 9589 0710 5270 0006 4799 37 Domestic Return Receipt ------------ •Complete items 1,2,and 3. A.Signature 0 Agent • Print your name'and address on the reverse x E CA,—O�O Addressee so that we can return the card to you. •Attach this card to the back of the mallpiece, S14IRSPoRd by(Printed Name) 0.0 of 0,very SP oe permit. -6 e vA&a— 7 7 I space permits,or on the front i777 zatttAe, 02- Yati 1.Article Addressed to: D,Is delivery address different from Item 1? sno—gj DL-LC If YES,enter delivery address below: E3 No AJ Y ►Coo 3 ServiceTypa 11 ExpressO i Adult Signaturetill 0 Ad It Signature Restricted Delivery 0 Regis tered Mail Restricted 13 C.0 1 ad at Delivery 9590 9402 8040 2349 4656 89 0 cerrfified Mail RestrictedDelivery C3 Signature Confirmation- El Collect on Delivery CI Signature Confirmation 2. Article Number(Transfer Morn service label) 13 Collect on Delivery Restricted Delivery Restricted Delivery 0 Insured Mal q1Qq 071b C2_77D tt�Abf 474 -;L:� a insured Mall Restricted Delivery M Complete Items 1,2,and 3. A.ftioduls, x j 8 Print your name and address on the reverse Agent " , , 13 so that we can return the card to you. I -- 0 Addressee IN Attach this card to the back of the mallplece, B.Received by(Printed Name) C.Date of Delivery or on the front if space permits. 1.Article Addressed to. D.Is delivery address different from Item 1? ❑Yes If YES,enter delivery address below., 0 No 0 P06Y Dr PC) T36Y 51"T Service Type J�Pdrrnry Mad Expre" AdWt Signature, 0 Registered Mail* Hill IN 11111111111111111111111 IN IN 111 3,91 Aduft Signature Restricted Delivery 0 Ra 6spatad Mail Restricted 9590 9402 7181 1284 3104 42 gCorfified MaO El Certified Mail Restricted Delivery 13 Signature Cc nin 0 Collect an Delivery signature Cornffl=aIllon' 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery Restricted Delivery El Insured Mail 0 Insured Mall Restricted Delivery • Complete Items 1,2,and 3. A.Signature Agent • Print your name and address on the reverse x 0 Addressee so that we can return the card to you. •Attach this card to the back of the mailplere, B.Received by(Printed Name) C.Date of Delivery or on the front if space permits. I 1. Article Addressed to: D.Is delivery addre, item 1? EJ Yes ifl ffYES,viteIdellve addressbalow: 0 No W ;am 1>0 13o)( (112- 10('0 t,,jOrjrhqiCWtq 664,4t. W4 (cA57 3r6ervice Type 0 Priority Mail ExpressO vu�:1 Ad Signature 0 R%stered Mail'- sonature Restricted Delivery 0 Re stered Mail Restricted FuRed Mae begvery 9590 9402 8040 2349 4655 80 C Certified Mail Restricted Delivery 0 Signature ConfirmatIorI 13 Collect on Delivery 0 Signature Confirmation 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery Restricted Delivery 0 Insured Mall 0 tnriarn�Maall Restricted Delivery 1111 Complete items 1,2,and 3, A.Signature 'M Print your name and address on the reverse x so that we can return the card to you, see 0 Attach this card to the back of the mallpiece, B. ei by(Printed Me) 0.Date of Delivery or on the front if space permits. roj(�i IT! I I. Article Addressed to: I D.Is delivery address different from item 1? 0 Yes rAac I" DC Re L,V •rr fIf YES,enter delivery address below: E3 No 17-9 pai* IN SIVOi4ly.), fay 3 Service ly El Priority Mall ExpressO It Signature IJ Registered Mai[rm Da st Restricted Delivery 0 Re'fistered Mall Restricted D very 9590 9402 8040 2349 4655 97 0 Certified Mall Restricted Delivery Ej Signature Confirmation- 0 Collect on Delivery a Signature Confirmation 2. Article Number(Transfer from service/a4e/) El Collect on Delivery Restricted Delivery Restricted Delivery 0 insuu red Mail E3 lna!i�Ma11 Restricted Delivery ,7p$,__9589 0710 5270 0006 4799 99 Domestic Return Receipt ..... --.......... ...................... •Complete Items 1,2,and 3. A,7ftgrrwature, 0 Agent -d • Print your name and address on the reverse so that we can return the card to you. Oul" �Addr— I 6,11"ary III Attach this card to the back of the mailpleoe, B.Received by(Printed Name) tQ'D D or on the front if space permits. 1-i Article Addressed to: D.Is delivery address different from Item 17 E3 Yes N YES,enter delivery address below [:1 No —Trei W SII P" Lr C) m9irl II 3 linvice lVpe El Priority Mail Exproluill) 0 Registered Malli 11111111 Jill IIIII 111111111111111111111111111111 MOuWit SS�Wamm=Restricted Delivery 0 Re wed Mail Restricted com or a led Man Do ley 9590 9402 7181 1284 3100 77 0 Cedified Mail Restricted Delivery 0 Signature ConfirmalloI 0 collect on Delivery 0 Signature Confirmation 2. Article Number(ftensfion,from service war) 0 Collect on Delivery Restricted Delivery Restricted Delivery 11 Insured Mail 0 Incurred Mall Restricted Delivery iW90111I oil •Complete Items 1, ....... 0 Agent • Print your name and address an the ce, 6Addresses so that we can return the card to you. •Attach this card to eck of the mallpl 8:Received by(Printed Name) C.Date of Delivery or c, the front if space permits, 1.Article Addressed to: D.Is delivery address different from Item I? 13Yes 'I c 0-i ber rs Q?a *( if YES,enter delivery address below: E3 Na Ojstewrms UOL II II I a ervl�e Type 13 Priority Mail Exprissailit 111111111111 Jill I I 111 Jill 1111111111 (VAdfS Mature El Registered Mall- Vurt Signature Restricted Delivery 0 Re Istated Mall Restricted rifled Cop 1. mails ivory 9590 9402 7181 1284 3100 84 0❑Certified Mall Restricted Delivery 0 Signature ConflrmatloI 0 Collect on Delivery 0 Signature Confirmation 2. Article Number(Transfer from se -- 0 Cc act on Delivery Restricted Delivery Restricted Delivery 0 Insured Mail 0 Insured Mail Restricted Delivery • Complete ibiI 2,and 3. A.Signature 0 nt • Print your name and address on the reverse x return so that we can return,the card to you. •Attach this card to the back of the mallpiece, B.Received (Printed Name) C.Dale of L)7e y It 4j'r� nt if space permits.or on the front kj3 -;,'7 1. Article Addressed to: D.Is delivery address different from Item 17 0 yw. It YES,enter delivery address below; ONo \4 io,44-, SAI OeW OV POAS"—W / AService Type "lot expro"O It Signature fZ12trad Mail'. 11111111111 Jill II Jill I 1111111111111 Jill 1111111111 0 Adult Signature Restricted Delivery 0 Registered Mall Restricted 9590 9402 8040 2349 4657 40 5;Certified Main De ilvery 0 Certified Mall Restricted Delivery 0 Signature Confirmation- 0 Collect on Delivery 13 Signature Confirmation 2. Article Number Pansfor from service label) 0 Co act on Delivery Restricted Delivery Restricted Delivery 0 Insured Mail q�?'q 7 (143 '2f 0 kniumd Mali Restricted Delivery 8 Complete items 1,2,and S. A.Signature 11 Print your name and address on the reverse E3 Agent so that we can return the card to you. x •-,-4-(Am"kwiI Addressee 0 Attach this card to the back of a allplece, B.Received by(Printed Name) ), I I Date of Delivery or on the front if space permits, S"AA AMAILAiYA 11, Artkqo Addressed to: D.Is delivery address different II Item 117 i5yes ,273a0 ftlaln II. LLC- H YES,enter delivery address below: Cl No Fo eoy- (1-7 [3,A-d'ulllftV"S'I'g.*n..aTt"-upr-e"Resided Delivery 0 FlgofWlared Milli Restricted 9590 9402 7181 1284 3104 35 UlMertilled Mall@ De 13 Certified Mall Restricted Delivery 0 at S gn u re Confirmation" SIg0 Collect on Delivery 0 nature Confirmation 2.Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery Restricted Delivery O:nsurad Mail Q 5'�5 0 retired Mail Restricted Delivery ON, (aver ssoo) Ps Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt _ - Print your name and address on the reverse X '8�!� C3 Agent so that we can return the card to you. r--Al 13 Addresses N Attach this card to the back of the mailplece, B.Received by(Printed Name) 0.Date of Delivery or on the front if space permits, I 1.Article Addressed to: D.Is delivery address different frbm item 1? 0 Yes L.a,til W'i If YES,enter delivery address below; C3 No tj DVil Mail Restricted 0 Certified Mal:Restricted Delivery 0 Signature ConfIrmationi 2. Article Number(Transfer from service label) 13 Cc so,on Delivery Restricted Delivery Restricted Delivery 0 Insured Mail 0 Insured Mall Restricted Delivery 0 Print your name and address on the reverse X so th at we can return the card to you. 0 Addressee Attach this card to the back of the mallplece, B.R:J.�y(Pr filed e f IN or on the front if space permits. V— '24' 11.Article Addressed to: i D.Is dolil address different from item 1 C3;t q If YES,enter delivery address below: C3 1111111 IN 11111111 lure Restricted Delivery 0 ReT tored Mail Restricted 0 Certified Maj�Restricted Delivery 0 Signature Confirmationr- 0 Cc�Iect on Delivery 0 Signature Confirmation 2. Article Number(Ransfor from service labei 0 cc feet an Delivery Restricted Delivery Frestilcted Delivery 0 Insured Mal A.Signature 8 PH nt you,n.,.,,n,,r and address ID04,he reverse X//4,—,A'-,l 10 Agent a Attach this card to the back of the mailplece, B.Received by(Printed Name) C,Date of Del!e�y or on the front if space permits, 1 Article Addressed to: M)a dillNery address different from item 1? ClYes 0 Priority Mall Expreses 11 Collect on Delivery 0 Signature Confirmation P.Article Number(Tansferfrom service labsO 0 Collect on Delivery Restricted Delivery Restricted Delivery 0 Insured Mail 0 insured Mall Restricted Delivery 8 Print your name and address on the reverse 13 Agent so,that we can return the card to you, >1d3 Addressee 0 Attach this card to the back of the mallplece, 751R-elveldby, ted Ni of Delivery a front if space permits, — - Addressed— ------------- ................ .................. •Complete items 1,2,and 3. A.Signature •Print your name and address on the reverse x /'�j 13 Agent so that we can return the card to you. 0 Addresses •Attach this card to the back of the mailplece, B.Received by(Printed Name) C.Date of Delivery or on the front if space permits, —iTA—rtG�Aadirt;ssed to: D.Is delivery address differ JKm item 12 0 Yes 6'r t-5cwf fte'04 n vs'k" If YES,enter delivery address below: [3 No ?6 ?cq( 5-('(- m"�q II 111 II III IIIIII II II 11111111113 rvice Type 0 Priority Mail ExprwW ft-t— 0 Registered Mail- 11111111 nature Restricted Delivery F12V[s4ted Mail ReslActed V'".21"Maim 0 D 9590 9402 7181 1284 3101 07 0 Cedftd Mall Restricted Delivery Cl Signature Confirmation- CI Collect 0 Delivery 0 Signature Confirmation 2. Article Number(Tramfer fromiservice label) El Callao ts"Delivery Restricted Delivery Restricted Delivery 13 Insured Mall '0 hun*IMOI RestrMad Dailvarry 0 •Complete items 1,2,and 3. A.Sit' • Print your name and address on the reverse x 7 0 Agent so that we can return the card to you. 1, 13 Addressee •Attach this card to the back of the mailplece, B.Rece9d by(Piin d Name) C.Date of Delivery or on the front if space permits. 1.Article Addressed to: D«Is dEe4voenq dress different from item 1? 171 Yes IfYES, 8 t� 6y4wP*M 'V1'k5AWiCO4 SOC, It delivery address below: [3 No 3;&t4 r= 0 Priority Mail Expresoll) 13 Registered Mall� I t SAgnaturre Restricted Delivery "R2vlstared Mail Restricted 9590 9402 7181 1284 3101 14 Urwfiffed Me;* D 0 y 13 Cerfifled Mail Restricted Delivery 0 Signature Confirmation- 13 Collect on Delivery 0 Signature Conflnunation 2. Article Number(Transfer from service laboo 13 Collect on Delivery Restricted Delivery Restricted Delivery 0 Insured Mall 0 Insured'Mail Restricted Delivery i00) tog 8 Complete Items 1,2,and 3. A.Si nature 0 Print your name and address on the reverse x Agent so that we can return the card to you. Addressee 8 Attach this card to the back of the mailplece, B.Received by(Printe Name, C.Date of Delivery or on the front if space permits. 1.Article Addressed to: D.Is delivery address different from item 1? ❑Yes Harald Gir,449 If YES,enter delivery addiew below. 0 No P6 DO I T7 orl"41 20?5 ervice 7ype 13 Priority Mail Express® Ad $Wnat El Registered Mall- It$190at=Restricted Delivery 0 Registwed Mail Restricted 3 9590 9402 7181 1284 3100 91 1 "Wed Mall® Do vory 0 Certified Mail Restricted Delivery 13 Signature ponflnitation- 0 Collect on Delivery 0 Signature Confirmation 2. Article Number(Transfer from service labW) 0 Collect on Delivery Restricted Del" Restricted Delivery 0 Insured Mail k%Wmd Ma 0,RSW*d Wlwny •Complete items 1,2,and 3, A.Si nature •Print your name and address on the reverse Agent so that we can return the card to you. Addmssft •Attach this card to the back of the mailplece, B.Received (PrintodAlarrial Date of Delivery or on the front If space permits. 1. Article Addressed to: D.Is delivery address different from item 1? 0 Yes 1)i OL V%011 A y OLICL If YES,enter delivery address below., [I No ;L qqq R0,1+0- A15"PO'W IS$9 Ice lype 13 Priority Mail Expresse "= 13 Registered Muit Restricted Delivery El Re ned Mail ReWcWDar9590 9402 7181 1284 3101 90 ed Male g 0 Certified Mail Restricted Delivery 0 Signature Coriffirrination- 0 Collect on Delivery 13 Signature Confirmation 2. Article Number(Transfer from service Iabe# 13 Cc loot on Delivery Restricted Delivery Restricted Delivery Ll Insured W 0= e Rstricted Delivery PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt ------------------------- •Complete items 1,2,and 3. A.SIWMW •Print your name and address on the reverse X ❑❑ Agent so that we can return the card to you. 0 Addressee •Attach this card to the back of the mallplece, a Receiv y Tied J�Nam�) C.Date of Delivery or on the front if space permits. '0 Zi 1 Article Addressed to: D.Is delivery address different from ftem 1? 0 Yes Andre,W Zar v%&ft If YES,enter delivery address below: E3 No 910— f36Y ALI'T 0 Priority Mail sse tt&'t-Onp.. Q Registered MalExpre 'Onsture Restricted Delivery 0 Mall Restricted 9590 9402 7181 1284 3101 38 W.Sed malls Deuvery 0 Contract Mail Restricted Delivery 13 Signature Qonfirmattortm 0 Collect on Delivery 0 Signature Confirmation 2. Article Number(transfer from service label) 0 Collect on Delivery Restricted Delivery Restricted Delivery 13 Insured Mail 0 Insured Mail Rostriloted Delivery -10j- a CoMpt '11,2,and Ignature at Print Vowname and address on the reverse 'X Agent so that we can return the Card to YOL Addressee K Attach this card to the back of the mailplecej Aged by(MnledN 0 C.Date of.De"HvVy f e a 7M/ —Z c or on the front if space permits. 1.Article Addressed to: I d ery address different from item 17 CI Yes ter enter delivery address below. [3 No ON-t,^+ Viv6ar R-ow 11150 'W 04W*'e'wd-t/000 "I; Akn3d#-$, CA goo Oil V 3 ervice Type El Priority Mail Express® 'ult Signature 0 Registered M " =Signature Restricted Delivery 11 Re ged V Mail Restricted Malls Do cry 9590 9402 7181 1284 3101 45 0 Contract Mail Restricted Delivery El Signature Confirmation- 1300 19 .Coiled on Delivery.cativery ❑. net..ro.ganatlon 2.Article Number(transfer from semice,label) eat n Del vary Restricted Delivery 13 Insured Mail 0 lucaved Me#AsaMevoiDavary 5W ........... .......... It Complete items 1,2,and 3. A.SrZ rs .V1 • Print your name and address on the reverse X 13 Agent 1L so that we can return the card to you. 0 Addressee •Attach this card to the back of the mailplece, B.Received by( D to of Delivery or on the front If space permits. 1-;Article Addressed to., D.Is delivery address cWterent from item 1? 13 Yes If YES,enter delivery address below: [3 No C d. i C,ks 11. Irl 0 rze'Alf A JLq< � 1 3 ervice Type, 0 Priority Mail ExpressO OVIX;Signature DORV04Y 0 Registered Mail- ,#Wft ftnature Restricted 13 Registered Mail Restricted 9590 9402 7181 1284 3101 52 Corliflocill,10 Delivery...iled Mail Restricted Delivery 0 Signature Conflmnatlon- 0 Collect on Delivery 0 Signature Con lunation 2. Article Number(transfer from samice tabo# 11 Collect on Delivery Restricted Delivery Restricted Delivery 0 Insured Mail 11 Insured Mail Restricted Delivery to Complete Items 1,2,and 3. A.Signature •Print your name and address on the reverse Agent so that we can return the card to you. < 13 f7'� 0 Addressee •Attach this card to the back of the mallplece, B.Reaved by(Printed Date of Delivery or on the front if space permits, 1.kt cle Addressed to: D.Is delivery address different from item 1? 13 Yes YES, %W Grp L L-C if dattv",address below: E3 No ?4LCL&" 3 13 Priority Mail ExpressO 0 Registered Mai 2yp"aill'sotricted Delivery 13 Registered Mail'Restriclad 9590 9402 7181 1284 3101 69 =I',Mc.ture Do very 0 Certified Mall Restricted Delivery 0 Signature Conflunatlon- 0 Coiled on Delivery 0 Signature Confirmation 2. Article Number(7horefer from service label) 0 Collect on Delivery Restricted Delivery Restricted Delivery 13 Insured Mail a traured Mail Restricted Delivery 9589 0710 5270 0006 4794 94 Domestic Return Receipt 17_ , • Print your name and address on the reverse 0 Agent so that we can return the card to you, 0 Addressee •Attach this card to the back of the mallpiece, B� J�dved by(Rinted Name) 0.Date of Delivery or on the front If space permits, 1 Article Addressed to: 0.ii.;of We.!ry�za�zddt�.1366rit from item I? C3 yes L-,r,M ;:*P,!5P—tSOA If YES,enter delivery address below: [3 No 0 Wult Slimanne Restricted Delivery 13 R:j'Wered Mall Restifoled 0 Certified Mao Restricted Delivery 173 Signature Co"Imereflorim 2. Article Number(7hirisfer from service labeo 13.:..,n,Delivery Rem poll Restricted Delivery 0 Insured Mail 0 Insured Mall Restricted Delivery •Print your name and address on the reverse Ve" o(9 13 Agent so that we can return the card to you. III Addressee Of Attach this card to the back of the mallplece, a.R.2#dby(Printed Name) C.Date of Delivery or,on.the front if space permits. 7 . 1.Article Addressed to: D.Is delivery address different from Rem 1? 0 Yes �0.JACY 1<0.rd wet If YES,enter delivery address below: [3 No 'g":r"Restricted Delivery 0 Registered Mall Restricted 0 Certified Mail Restricted Delivery 0 Signature Poriffirmationm E3 Collect on Delivery 0 Signature Confirmation 2. Article Number(Iranster ftm se 0 Coiled on Delivery Restricted Delivery Restricted Delivery 13 Insured Mall 13 Insured I Restricted Delivery 0 Print name and address on the-verse so that we can return the card to you. "13 Agent 1.7 E E drt]. It Attach this card to the back of the mallpiece, 8 Rec I ad by (�a 0 1.Article Addressed to: D41S deRV address, Iffievent from Item 1? 0 Yes 4rd If YES,War delivery address below: 0 No Kill 0 Collect on Delivery 0 Signature Confirmation .�fivtlole N umber 171anisfer from_��Jca iscao 0 Weer on Delivery Restricted notivany Restilded Delivery 0 insured Mad It Print your name and address on the reverse E3 Agent so that we can return the card to you. x 13 Addresses, 8 Attach this card to the back of the mallplece, B. -1-C-Date of Delivery or on the front if space permits. 1. Aftirle Addressed to: D Is delivery address different from Item 1? 0 Yes W t I(to, S (Z pe'm H YES,enter delivery address below; Ci No a lee Type Adult Signature E3 Registered Mali- 0 It Signature Restricted Delivery 0 Registered Mall Restricted 0 Certified Mall Restricted Delivery 13 Signature Confirmation- 0 Collect on Delivery 0 Signature Confirmation 2. Article Number(rransfer from service label) 0 Collect on Delivery Restricted Delivery Restricted Delivery 0 Insured Mall 13 1�!�yd Mall Restricted Delivery r , r • • .Y®t 0 • e • • •. 1� 0 Complete items 1,2,and 3. A.Signature 8 Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee Attach this card to the back of the mailpiece, B. ivad (Print e) C.bate of Delivery or on the front if space permits. 1 Ardcle Addressed to: L D.is delivery address different from item 1? ❑Yes IfG t Q G t x �p 1/fit ��J "Cri" YES,,enter delpvory address below: No PO ?50yl M t5 0 t`i c A t T1 y m5`1 ' 11 1 1 Jill I I��ill 1111111111111111111111111111111 3 Cl9 Type ❑Priority Mall all- ®I �Stgnature ❑Registered MallTM �It S9gnattua ReaMdetl Delivery RD�ad Mall Restriatwt 9590 9402 7181 1284 3102 75 uiedMalWe ❑Cenifled Mall ResMcted Delivery ❑Signature Confirmation'"' ❑cc tot on Delivery ❑Signature Confirmation 2. Ardole Number(Transfer from service lab&Q ❑Coiled on Delivery Restricted Delivery Restricted Delivery ❑Insured Mall ❑Insured Man Restricted Delivery art Complete items 1,2,and 3.s Print your name and address on the reverse 77—, ❑Agent so that we can return the card to you. ❑Addressee ■Attach this card to the back of the mailpieoe, B.Received by(Printed Name) C.Date of Delivery or on the front if space permits. 1.Article Addressed to: D.Is delivery address different from item 12 ❑Yes SuSAn (ZoCtC If YES,enter delivery addrimbesewr: ❑No F 0 60� (i 11111111Jill 111111111111111111111111111111111 VdultSgn ervics 7ype oReg eredMaHT- C1 uktStgnaWroRestricted Delivery 4 RagisWrsd Mail Restricted 9590 9402 7181 1284 3102 68 DantnedMarl Dal very ❑Cartifled Mall Restricted Delivery CI Signature Conflrmationm ❑Collect on Del very ❑Signature Confirmation 2. Article Number(Transfer from service t ) ❑Coiled on Delivery Restricted Delivery Restricted Delivery q Insured Mall ❑Insured MellRestriated Delivery i is Complete items 1,2,an d 3. a signatDra ■ Print our name and address on the reverse I i ant that X we can return the card to you. d f,' i^ lAddresses ■Attach this card to the back of the maiipiece, B.Reds ad by(Printed N ate cr),D an)ym or on the front if space permits, 1.Article Addressed to: D. ellvery address different from i ? ❑Yes If YES,enter delivery address below: ❑No t AA-CV& Sk Apt ;k5o Vice Type 13 Priority Mail ExlessO 11111111 Jill 111111111 IIIIIII li 11111111111111111 I III t2 gdurilt Restricted Delivery ❑Mase D Registered ed Mall Restricted 9590 9402 71$1 1284 3102 44 my ❑Certified Mall Restricted Delivery Ia Signature Corignnation- ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service labeQ ❑Collect on Delivery Restricted Delivery Restricted Delivery O Insured Mall ❑Insured Mall ReaMoted Delivery r r. iw y to iY i eI Co)rapiete items 1,2,and 3_ r k Sig ure ■ Print yb" me and'address dn'the revere p(aa ❑Agent sot t We c �Qturn the card to you. f waf.p la Addressee wr Attach this card to the back of the mailpjece, B.Received by(Printed Name) C.Date of Deiivery or on the front if space permits. 1.Article Addressed to: D.Is delivery address different from item 17 ❑Yes j ��C{ ,t(X �e 5 �y� IP yES,enter delivery address below: ❑No ©r►t--4*t t•1`l (k q 5"1 Awdu%� 1111111111 Jill 11111111111111111111111 Jill 1111111�� p u# ns�ab Restricted Delivery ❑Registered Bred Mall Restricted 9402 7181 12$4 3103 81 ❑Certified Mall Restricted Delivery ❑Signature Confirmation- Col Collect on Delivery ❑Signature confirmation 2.Article Number(Transfer from service habett ❑Coiled on Delivery Restricted Delivery Restricted Delivery ❑insured Mall 0 insured Man Restricted Delivery 9589 0 710 5270 0006 4795 79 Domestic Return Receipt .............................. •Complete items 1.2,and 3. A.Signature •Print your name and address on the reverse x 13 Agent so that we can return the card to you, 0 Addressee •Attach this card to the back of the mallplece, B.Received by(Printed Name) C.Date ofbelive­r­y or on the front If space permits, _T_A_McIeAddressWd_t��_ D.Is delivery address different from Item­1? 0 Yes To,eir.mc If YES,Ord"delivery address b0lom E3 No 34q 12ZIOWe4'� ?Ill\ U New verk( (4y 10012- M3 ervica,Type ultSignsture 0 Nattily mail exprosse, 0 Registered Mairr" III111111111 Jill III 1111111111111111111111111111111 .1 uItSignatureiRestrictedDellvery ❑R Mali Restricted 9590 9402 7181 1284 3102 13 a M."eVy rfifiad ."Llitried Cograry ❑Signature Confirmationno ❑Cartiffad 1. Galleon Signature Confirmation 2, Article_Nuft.(Transfer from servic Collect n 00 ry"Co 0"WIWI—) 0 W"vel Resulted Dl,..y Restricted Delivery 0 Insured Mao 0 l"WrOd Mall Restricted Delivery 0 Complete Items 1.2,and 3. A.Sire 11 Print your name and address on the reverse Wd Name) 0 Agent so that we can return the card to you. x CL--�_ 13 Addressee 9 Attach this card to the back of the mallplece, A. Recei d by(h'i !!: C. c-c116alive"t—y 2roq the,front if space Renft& 1,Article Addressed to: D.Is—delivery address different from Item i? 0—Y.. A A(k (2a((Ck k Ot.VA If YES,enter delivery address below: 0 No A(3 C 0( St t4u) lqoek , 01 11,0016 Ice 7ype El Priority Mail Expressill, VIAIdW—t Signature E3 Registered Met r- 111111111111 Jill 1111111111111 Hill III III 11111111 O,eA Signature Rutdoted Delivery 13 R Istered Mall Restricted 4" 9590 9402 7181 1284 31004 Vtorilfwa We DeZ!X 0 Comfort Mall Ractricled Doovery 0 Signature Confirmation- L1 Coiled*it Creirroy, 13 Signature Confirmation sa �,Ml'Is�Numbw_jffiWar irro"t rvry ice bbeg 0 C(AW On Ulvery Residated Dolivory Restricted Delivery 0 Inured Mao 0 insured Man Restricted Delivery •Complete Items 1,2,and 3. A.Signature 5ff Agent •Print your name and address on the reverse X so that we can return the card to you. x 0 Addressee It Attach this card to the back of the mallpiece, 6.Received by(Printed Name) C.Date of Delivery or on the front if space permits. 7, I.;Article Addressed to: D.Is delivery address different from Item 1? 13 Yes It YES,enter delivery address below: E3 No 11`O 150Y. 'Ntlk (5(,le"Afir taq t,q5,1 Wce Ty 0 Priority Mail Exp- rassO 1111111 Jill Jill 1111 11111111111111 A2,4NIgnatupe rs 0 Regis tered Mall 1� Restricted Delivery 0 Registered Mail Restricted 9590 9402 7181 1284 3103 50 Delivery 0 Certified Mall Restricted Delivery 0 Signature Confirmation - 13 Collect on D 0 SConfirmation Ivory nature 2. Article Number(Transfer from service 1111509 0 Collect on Dollivery Restricted Delivery Restricted Delivery 0 Insured Mall 0 insured Man Restricted Del" •Complete Item 1,2,and 3. 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" SiOY• Print your name and address on the reverse � ❑Agent so that we can return the card to you. � 4re� 0 Addressee MI Attach this card to the back of the mailpiece, fsd e1 C. rof Ilvery or on the front if'space permits. " `f 1. Article Addressed to: D. Is d lived address difff a'� gm item 1? ¢Gl l C QUl C�O� If YES,,iiir r delivery add m "below. [3 No f ;u wm Mi 51 °0 0l g Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 7181 1284 3103 29 � Delivery ❑Certified Mall Restricted Delivery El Signature Confirmatlonn" ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(Transfer from service i ) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail ❑bared Mail Restricted Delivery 9589 0710 5270 0006 - 4796 30 i,....... ...... ...N....._.w„� ....m.�u�__�_ ....�. ...u_....�.�.....___ ..._,.._� Domestic Return Receipt ... ------------ is Complete items 1,2,and 3. A. Signature ININ Print your name and address on the reverse 7of so that we can return the card to you.is Attach this card to the back of the mailpiece, 7B. Received by(idnf rf rsrrre) or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? 13 Yes If YES,enter delivery address below: ❑No ucol3 IR7 5gS ©ys Ct Pis 1.n Mee f 0 Priority Mail Express® �t Signature C9 Registered Mail*^+ t SBgnatur•Restricted Delivery tt Registered Mail Restricted 9590 9402 8040 2349 4660 44 Certified Ma Sr Signature Delivery ❑Certified Mail Restricted Delivery Ct Signature ConfirmatlonrM ❑Collect on Delivery D Signature Confirmation 2. Article Number(Transfer from service la bet) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mail •insured Mail Restricted Delivery 89 0710 5270 0006 4792 96 Domestic Return Receipt Michaelis, Jessica From:Michaelis, Jessica Sent:Monday, March 17, 2025 12:20 PM To:Verity, Mike; mark.terry@town.southold.ny.us Subject:FW: TUTHILL FIRE DISTRICT DETERMINATION Attachments:Subject File.tif; Subject File.tif; 12.30.24 South Dyer Road & Drainage Map.tif; 12.30.24 North Dyer Road & Drainage Map.tif; 12.30.24 North Brown Road & Drainage Map.tif; 12.30.24 Final Plat Map.tif Importance:High From: Terry, Mark <mark.terry@town.southold.ny.us> Sent: Thursday, March 6, 2025 3:20 PM To: Verity, Mike <Mike.Verity@town.southold.ny.us> Cc: Michaelis, Jessica <jessica.michaelis@town.southold.ny.us>; Westermann, Caitlin <caitlinw@southoldtownny.gov> Subject: TUTHILL FIRE DISTRICT DETERMINATION Importance: High Mike, I am copying you a letter dated August 10, 2022 and email dated June 9, 2023 regarding approval of the Tuthill Conservation Subdivisions access roads. The maps have changed. Could you please let the Planning Board know if your decision stands? Mark Terry, AICP Assistant Town Planning Director Local Waterfront Revitalization Coordinator Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 (631) -765-1938 1 MAILING ADDRESS: PLANNING BOARD MEMBERS ' P.O. Box 1179 JAMES H.RICH III 5 Southold, NY 11971 Chairman "" OFFICE LOCATION: MIAJEALOUS-DANK Town Hall Annex PIERCE RAFFERTY �� J 54375 State Route 25 MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.) DONALD J.WILCENSHIN Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Lillian McCullough, Land Preservation Coordinator From: Mark Terry, AICP Assistant Town Planning Director Date: March 21, 2025 Re: Request for Review on Proposed Conservation Subdivision for the Tuthill Oysterponds Holding Company Located: North Dyer & North Brown are located on the n/s/o NYS Route 25, approximately 366' w/o Oysterponds Lane & approximately 2,223' e/o Platt Road, respectively. South Dyer & South Brown are located on the s/s/o NYS Route 25, approximately 460' w/o Oysterponds Lane & approximately 1,960' e/o Platt Road, respectively. All properties are located in Orient. SCTM#s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 & 17.3 The Planning Board refers this application to you for your information, comments, and review. The file is available at your convenience. This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s 1000- 17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240-42 G of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21.15 acres and is proposed to be subdivided into 7 lots, ranging in size from 0.86 to 0.90 acres. This property includes a 30' wide private right-of-way and 12.54 acres of preserved subdivision open space inclusive of 5.77 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.34 acres and is proposed to be subdivided into 4 residential lots ranging in size from 0.82 to 0.92 acres and served by a private right of way. Development rights are proposed to be sold on 31.93 acres, Tuthill March 21, 2025 exclusive of a 0.49-acre reserve area for agricultural-related use, 1.26-acre area of subdivision open space and 13.38 acres of unbuildable lands. SCTM#1 000-18-3-30.3 (North Brown) equals 28.74 acres proposed to be subdivided into 4 lots ranging in size from 1.21 acres to 1.45 acres, and Lot 5 a 22.05-acre lot with developments rights proposed to be sold and a 0.475 development area. This property includes a 1.53-acre private right-of-way. SCTM#1 000-18-6-17.3 (South Brown) equals 26.67 acres with a 0.92 acre development area, including a 0.32-acre access driveway. This property includes 24.80 acres of open space inclusive of 0.62 acre of unbuildable lands. Thank you for your cooperation. Encl. In Laser Fiche: Planning, Applications, Conservation Subdivisions, Pending, SCTM#1000-17.-4-16 1. PB Resolution setting the hearing — This is your copy of the Planning Board resolution that set the public hearing. 2. List of ad"acent proper1y owners to notify — This is the list of the adjacent property owners that you must mail the notice of hearing to. These notices must be mailed by certified mail, with return receipt. 3. Notice to adjacent prope—M owners and copies of the tax rna pages — These are the documents that must be mailed to the adjacent property owners (certified w/ return receipt). Some applicants like to include a cover letter, but a cover letter is not a requirement. 4. Agricultural Data fora and copies of the tax map nages — This form must be signed and mailed (certified w/ return receipt) along with the copy of the tax map page to the property owners listed at the bottom. 5. Affidavit of Posting-- This affidavit must be signed, notarized and returned to the planning department by April 4th with the certified mail receipts and any green cards that you have received. 6. Southold Town Code related to Public Hearings — This is just a copy of the Southold Town Code related to public hearings for your record. 7. Zoom Instructions — This is a copy of the zoom instruction for the public meeting for your record. One of these is included in the "notice to adjacent property owners". Feel free to call me with any questions. Jessica Michaelis, Planning Board Secretary 631-765-1938, jessicam@southoldtownny.gov MAILING ADDRESS: PLANNING BOARD MEMBERS ) 3f So P.O. Box 1179 JAMES H.RICH III " w Southold, NY 11971 Chairman � '"" OFFICE LOCATION: MIAJEALOUS-DANK Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.) DONALD J.WILCENSHI Southold NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 11, 2025 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: Set Final Plat Public Hearing — Proposed Tuthill Conservation Subdivision SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Zoning District: R-80 and R-200 Dear Mr. Tuthill: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, March 10, 2025: WHEREAS, this proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield among the four parcels pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7-acre private right-of-way and 15.6 acres of preserved open space inclusive of 6 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5-acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3-acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. Tuthill Conservation Subdivision Page 12 March 11 2025 SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acres of unbuildable lands; and WHEREAS, on July 3, 2014 the agent submitted a Sketch Plan Application and fee in the amount of$500.00 with other required materials for submission pursuant to Article V Sketch Plat Review; and WHEREAS, on December 2, 2019 the Southold Town Planning Board granted Conditional Sketch Plan Approval upon the maps entitled: • Sketch Plan North Dyer dated as last revised April 3, 2013, • Sketch Plan South Dyer dated April 1, 2011, • Sketch Plan of North Brown dated October 22, 2013, • Sketch Plan of South Brown dated as last revised April 2, 2013; and WHEREAS, Conditional Sketch Approval, granted by the Planning Board on December 31, 2020; and WHEREAS, on November 4, 2019 the Southold Town Planning Board adopted the Findings Statement for the Tuthill Conservation Subdivision, dated as received November 4, 2019 pursuant to Article 8 of the Environmental Conservation Law (State Environmental Quality Review Act) and the implementing regulations of 6 NYCRR Part 617; and WHEREAS, on December 30, 2024 the applicant submitted a Final Plat Subdivision Application for review by the Southold Town Planning Board; and WHEREAS, on February 24, 2025, at their Work Session the Southold Town Planning Board found the Final Plat application complete and determined that the application is ready for a public hearing; therefore, be it RESOLVED that the Southold Town Planning Board sets Monday, April 7, 2025 at 5:04 p.m. for a Public Hearing on the plats entitled; • Final Plat of Tuthill 80/60 Clustered Subdivision North Dyer dated as last revised April 3, 2013, last revised September 12, 2023; • Final Plat Tuthill 80/60 Clustered Subdivision South Dyer dated April 1, 2011, last revised November 1, 2024; • Final Plat Tuthill 80/60 Clustered Subdivision North Brown dated October 22, 2013, last revised November 1, 2024; • Final Plat Tuthill 80/60 Clustered Subdivision South Brown dated as last revised April 2, 2013; last revised September 14, 2023; all prepared by Nathan Taft Corwin III, Land Surveyor. Tuthill Conservation Subdivision Page 13 March 11, 2025 The public hearing packet regarding the Town's notification procedure and the sign & post will need to be picked up at the Planning Board Office at the Southold Town Annex when you are contacted to do so. Please return the Affidavit of Posting/Mailing, included in the packet, along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday, April 4, 2025. The sign and the post need to be returned to the Planning Board Office after the public hearing is closed. The applicant is advised that a public hearing and additional design changes may be required prior to Final Plat Approval. The next step in the subdivision application process is to file a Final Plat application. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, H, /ZA 2. James H, Rich, III Chairman 17, 7 17.-4-22 17.-2-16 Unkno n Owner Robert Hughes \IB3ackPO ot 1025 Petes Hill Rd Orient,NY 11957 OX W332 957 17.-2-15.3 17.-2-11 171-2-1 1 Beatrice Ducrot GB-ORIENT LLC stin Swartz PO BOX 332 c/o Beatrice Ducrot 59. d St Back Ln PO BOX 332 PO BOX 332 Brookl NY 11215 Orient,NY 11957 Orient,NY 11957 18:1-1 17.4-20 17.4-18 Gardner SB Rev Trt Robert Hughes Paul Gertner PO BOX 43 1025 Petes Hill Rd 1 Clinton St Apt 23D 1465 Youngs Rd PO BOX 43 Orient,NY 11957 Brooklyn,NY 11201 Orient,NY 11957 1 Ci-14.2 17.4-9 17.-4-19 Sout Dyer LLC Thomas Foster Gemmel Charlotte M Liv Tr 110 BC,� 86 PO BOX 653 PO BOX 166 Orient„N 11957 Orient,NY 11957 Orient,NY 11957 17.4-10 17.-4-15 1 4-16 Florence Horton Ann Callahan No Dyer LLC::": PO BOX 27 20 E 9 St C/O inald°l'uthill Route 25 PO BOX 27 New York,NY 10003 PO BO 86 Orient,NY 11957 Orient,N 11957 17. '-14.3 I T-4-23 17.-6-9.2 South yet LLC Tamar Holdings LLC Susan Rodriguez 11013C) 86 344 Bowery Ph 6 PO BOX 601 Orient„N 11957 New York,NY 10012 Orient,NY 11957 17.4-24 17.4-17 17.4-25.2 Steven Bauer Gemmel CM Liv Trust acne Gualtieri 14 Landing Hill Rd Knobwood Association P. 'X 364 East Haddam,CT 06423 PO BOX 166 22135 tc 25 PO BOX 364 Orient,NY 11957 Orient,NY 57 17.4-25.3 17.-6-10 17.-6-9.1 Joanne Gualtieri Orient Cottage Inc Glacier Point Liv Trt PO BOX 364 22260 Main Rd PO BOX 298 Orient,NY 11957 Orient,NY 11957 Orient,NY 11957 18.1-10 17.4-26 17.4-14 Marianne Weil Justin Swartz Linda Feigelson PO BOX 341 595 2nd St 560 Riverside Dr Apt 22-L Orient,NY 11957 Brooklyn,NY 11215 New York,NY 10027 17.4-21 17.-2-15.2 17.4-13.1 Eleanor Hughes 3cat�'�rice Ducrot SPIOB RIENT LLC" 754 Race St PC� OX 332 eartrice Ducrot Denver,CO 80206 Back ., PC'1 BOX 332 332 Orient,N 1957 Orient��,,'N 1957 17.-2-17 17.-2-15.4 Beatrice lhwrot Nancy Kardwell ' ""4"'X BOX 332 PO BOX 607 112, ackUPO BOX 332 Orient,NY 11957 Orient,' rient,ft 1957 I 6 7 24.-1-8 24.-2-13.1 Clnkr wvn Owner Boatright Grp LLC Oysterpond Historical Soc c/o David P Rudder PO BOX 70 PO BOX 213 Orient,NY 11957 Orient,NY 11957 17.-6-I 1 24.4-11 17.-6-2 170 Oysterponds LLC Orient Harbor River LLC Orient-East Marion Pk Dst c/o Lars Westvind 11150 W Olympic Blvd#1000 PO BOX 566 2405 Diedricks Rd Los Angeles,CA 90064 East Marion,NY 11939 Orient,NY 11957 17.-6-3 17.-6-4 17,-3-10 Welles J Revoc Trt Andrew Zamett Xdevtt PO BOX 17 PO BOX 297 7East Marion ,NY 11939 Orient,NY 11957 1957 17.-6-5 17.-4-3 17.4-4 Christine Van Cleef Christixnc Sara Cleel" Harold Griffiths 25745 Main Rd 2. 45 Main Rd PO BOX 187 Orient,NY 11957 Orien 'Y' 1195 7 Orient,NY 11957 17.4-5 17.4-6 17.-4-7 Lori Feilen MacPhee BH Rev Trt Diana Ayala PO BOX 33 186 Jerry Browne Rd Apt 5304 PO BOX 539 Orient,NY 11957 Mystic,CT 06355 20999 Route 25 PO BOX 539 Orient,NY 11957 17.-4-8 \t,N IT -9 Nancy Hungerford L.C" "1 ho Foster 21055 Main Rd PO P(:)B(:) 653 Orient,NY 11957 957 Orient„N' 119.5'7 \25BOX 1 A-15' I .4-16 Aa�u� ;a�llahan Nort Dyer LLC. 20 E t C/O Re inald Tuthill 27 New you NY 10003PO BOX 67 Orient,NY 957 6-"14�3 1 -23 IT '-9,2 Son Jycr Ll.C T'a�araa °loldings�1.IX Stara Rodriguez PO BOO '6 344 BoNt Ph 6 PO B(3 601 Orient,NY 57 New York, 10012 Orient,N 11957 17.4-24 A-25.2 I " 5-10 Steven Bauer Joa \Rou25 One Cottage laic 14 Landing Hill Rd PO B 22260 in Rd East Haddam,CT 06423 22135O BOX 364 Orient„N 1957 Orien 17.-6-12 1 -9.1 17, -26 230 Oysterponds LLC (�:'11atc�a Point L�.iv"'1"rnC �Jtast�invnaGr c/o Lars Westvind PO 80 .98 595 2nd m 2405 Diedricks Rd Orient,NY 957 Brooklyn, 11215 Orient,NY 11957 17.-3-8 24.-2-8 24.-1-1 Welles J Revoc Trt Laurel Watts Treiber PS QPRT#I PO BOX 17 445 7th St 310 Oyster Ponds Ln East Marion,NY 11939 Brooklyn,NY 11215 Orient,NY 11957 25.-1-6 24.-1-2 17.-6-8 Andrew Vogelman Ann Ffolliott Irene Treiber 385 Oyster Ponds Ln PO BOX 568 310 Oyster Ponds Ln Orient,NY 11957 390 Oyster Pond Ln PO BOX 568 Orient,NY 11957 Orient,NY 11957 24.-2-3 25.-1-5 24.-2-2 Sebastian Heath Matthew Webb Jonathan Gilson 218 Dean St 605 Eder Rd PO BOX 81 Brooklyn,NY 11217 Storniville,NY 12582 Orient,NY 11957 24.-1-4.1 24.-1-9 24.4-5 460 Oyster Pnds Ln LLC Van Cleef MM.Trt John Dispenza PO BOX 568 3238 Bayberry Cv 116 Pinehurst Ave Apt F31 Orient,NY 11957 Wooster,OH 44671 New York,NY 10033 25.-1-4 24.-1-10 25.-1-3.2 Jacob Bogden AW Frame LLC James Bogden 585 Oyster Ponds Ln 1299 Ocean Ave Ste 333 655 Oyster Ponds Ln Orient,NY 11957 Santa Monica,CA 90401 Orient,NY 11957 24.-2-1 24.-1-6 24.4-7 Orient Realty LLC Neilson S&S Fam Rev Trt Nancy Newman C/O Ivy Crewdson 8434 Sparger St 425 E 63rd St W6J 61-69 Pierrepont St#51 McLean,VA 22102 New York,NY 10065 Brooklyn,NY 11201 13.-3-1 13.-1-2 13.-3-4 Neil Maheshwari William Adams Lampe LL Revoc Trust 312 W 104th St PO BOX 112 80 S Elliott PI#1 New York,NY 10025 1060 Northview Dr PO BOX 112 Brooklyn,NY 11217 Orient,NY 11957 13.-1-1 13.-3-3 18.-3-16 NoFo Prprts Greenport LLC Marland DC Rev Liv Trt New York State Attn: Mark&Ellie Gordon 129 Park PI 146 Central Park W Apt 24E Brooklyn,NY 11217 Albany,NY 12200 New York,NY 10023 18:3-9.11 18.-3-9.2 18.-3-24 Caselnova C Revoc Trt Paul Sawyer Sloan Gurney PO BOX 479 325 Fifth Ave Apt 9H PO BOX 158 Orient,NY 11957 New York,NY 10016 1600 Edwards Ln PO BOX 158 Orient,NY 11957 18.-3-30.4 18.-6-17.5 1&-3-17 Sno-Bo LLC Edward Caufield Michael Korell 141 E 19th St 24260 Main Rd PO BOX 182 New York,NY 10003 Orient,NY 11957 Orient,NY H 957 3-30.3 18.-4-1.3 18.-4-2.1 Nor Brown LI,.0 William McNaught Katherine Bondarchuk A)R `nald"1l'uthill PO BOX 54 27295 Route 25 P tJ BOX Orient,NY 11957 Orient,NY 11957 Orient,NY 1 l 7 18.-6-20 18.4-3.1 6-17.3 27300 Main Rd LLC Joanne King Sot r Brown LLC PO BOX 177 27495 Route 25 C/O R r"nald Tuthill Orient,NY 11957 Orient,NY 11957 PO B30X Orient,NY I "57 13:3-2 13.-1-11 13.-1-3 Mary Foster Trenkmann A Estate Inc Geraldine McNamara PO BOX 511 187 Lafayette St Fl 1 40 E 88th St 855 N View Dr PO BOX 511 New York,NY 10013 New York,NY 10128 Orient,NY 11957 13.-3-5.2 13.-3-5.1 13.-1-12.1 William Ryall Constantino Family Trust Browns Hills Est 358 W 118th St PO BOX 216 c/o David Miller Treasurer New York,NY 10026 Orient,NY 11957 PO BOX 254 Orient,NY 11957 18.-3-9.10 18.-3-9.9 tlno w " lcv' 1 ailuov a Revoc 1rt X P O479 X479 wt, 11957 Orem, C : 11957 18.-6-14.9 18.-3-23 18.-6-14.7 Khedouri Ezair Athenas ShtbrdCastle Irr Tr hedouri Fzair 931 Madison Ave c/o Georgia Papadakis 93 adison Ave - " 4 o' New York,NY 10021 406 Mark Tree Rd New . N k,NY 10021 East Setauket,NY 11733 18,-6-15 16 cdouri Ezair York State dour'"!'.air 31 dison Ave 931\Ave 'adison Yor Y I , a(lil Albany,_w 3-311.4 N 0021 New Y, ,NY 10021 18, -17�.5 IK-6-17.2 d au iel� wa f o SIn, o,LLC Edwa Caufield New York State Dec 3 141 E th St 24260 'n Rd Attn:Bureau of Real Property S Y 9� New York., Y 10003 Orient,NY 957 Suny Bldg 40 Stony Brook,NY 117902356 18,-\-17 -3-303 \-4 Wi Micha Korell No b Brown LLC n cNaught o I M PO B( PO BOX 2 C/O ginald Tuthill 54 0 8 O'ic"t' I I Orient, 1 57 PO BO 86 N 957 B 119 Orient, 11957 I : 4-11 18. '-20 1&- -3A Rath ine Bondarchuk 2730 lain Rd LLC Joann King Bo �0 0 7 1\495 :'0 27295 ute 25 PO BO 7 27495 ute 25 0 .n rient,N 1;957 Orient,\NY 1 57 Orient,N 11957 18.-6-19.3 27.-2-7 27.-2-6 Calverton Group The cd mirwn of Southold o"r L"' PO BOX 455 3 Bison Avev, PO BOX 1179 Orient,NY 11957 N Yor NY 10021 53095 Route 25 PO BOX 1179 Southold,NY 11971 1 -17.3 )-18.1 19. -18.2 ork out ,rown LLC South �rown LLC New ork State Dec ou wn L' o C�' Attn: B -/0 R ald Tuthill n- eau of C/O Re inald Tuthill CIO Re.*mld Tuthill Attn:B cau of Real Property un PO BOX POBOX8 Suny Bldg 0 5 o Orient,\NY 957 Orient,\NY 1 7 Stony Brook, Y 117902356 aseV'3 'I�ev( 18. -910 1 11, -9.9 Casch a C�,)Revoc Trt Case va(,Rcvocl'rt Its' Va PO BOXX POI BOX 9 3 BOXOrient,(-)T Orient,\NY 1 7 9 NY 7 Southold Town Planning Board Notice to Ad"acent Property PropeEty Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a Conservation Subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-17.4-16, 1000-17.-6-14.2, 1000-18.-3- 30.3, and 1000-18.-6-17.3 3. That the property which is the subject of this application is located in the R-80 and R-200 Zoning District; 4. This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s 1000-17- 4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240-42 G of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21.15 acres and is proposed to be subdivided into 7 lots, ranging in size from 0.86 to 0.90 acres. This property includes a 30' wide private right-of-way and 12.54 acres of preserved subdivision open space inclusive of 5.77 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.34 acres and is proposed to be subdivided into 4 residential lots ranging in size from 0.82 to 0.92 acres and served by a private right of way. Development rights are proposed to be sold on 31.93 acres, exclusive of a 0.49 acre reserve area for agricultural-related use, 1.26-acre area of subdivision open space and 13.38 acres of unbuildable lands. SCTM#1000-18-3-30.3 (North Brown) equals 28.74 acres proposed to be subdivided into 4 lots ranging in size from 1.21 acres to 1.45 acres, and Lot 5 a 22.05-acre lot with developments rights proposed to be sold and a .475 developable reserve area. This property includes a 1.53-acre private right-of-way. SCTM#1000-18-6-17.3 (South Brown) equals 26.67 acres proposed to be subdivided, where Lot 1 equals 0.92 acres including a 0.32-acre access driveway. This property includes 24.80 acres of open space inclusive of 0.62 acre of unbuildable lands. 5. That the files pertaining to this application are open for your information, by appointment only, during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2"d FI., Former Capital One Bank). If you have any questions, or would like to request an appointment you can call the Planning Board Office at (631)765- 1938. Information can also be obtained via the internet: 1. Go to the Town of Southold website www.southoldtownny.g v; 2. Click on Town Records/Weblink icon located on the home page; 3. Click on "Planning Dept." folder; 4. Click on "Applications", then "Conservation Subdivisions", then "Pending"; 5. Click on the SCTM# (tax map #) of the application (found in #2 above). Or by sending an e-mail message to: JessicaM southol�dtownn . ov; CaitlinW southoldtownn ov; 6. That a Public Hearing will be held on the matter by the Planning Board on Monday, 7 2025 at 5:04 p.m. at the Southold Town Meeting Hall, 53095 Main Road, Southold and virtually via the Zoom online platform; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times; that you or your represeptative have the right to be heard at such hearing. It is not necessary to attend this hearing to participate. Written comments received prior to the public hearing date are acceptable. Written comments may be submitted via letter or email to: JessicaM@southoldtownny.gov or CaitlinW@southoldtownny.gov Petitioner/Owner Name: Tuthill Oysterponds Holding Co., LLC Date: 3/11/2025 OFFICE LOCATION: , MAI LING ESS: a Southold,NY 11971-0959 Town Hall Annex 54375 State Route 25 Telephone:631-765-1938 .R www.southoldtownny.gov (cor.Main Rd.&Youngs Ave.) o r� Southold,NY �, ,POx x PLANNING BOARD OFFICE TOWN OF SOUTHOLD PLANNING BOARD PUBLIC MEETING Monday, April 7, 2025 5:00 p.m. Options for public attendance: • In person: Location: Southold Town Hall, Main Road, Southold, or • To join via computer: https://us06web.zoom.us/i/81094719626?pwd=eQpmYM5bxNaYz x e9JBL 74c'banXh.1 Or Online at the website zoom.us, click "Join a Meeting" and enter the Meeting ID: 810 9471 9626 Password: 329298 • Join by telephone: Call 1(646) 558-8656 Enter Meeting ID and password when prompted (same as above) 7 22 Apt 1 P.Q.65 g l e„ 121 �r SE—NO s e ax f ors, �5�tn OF S tK 0 nencE . 0 caurarx TP 1.11.2 ISLAND aJ� 5 , .D-s c _ t 2 - �A G =se 4Z s p n. { a s i NaT C *` nc 1060 �:�— COUNTY OF SIfFFOLK.@ � I017 e '-' c -e cv-rr,. — hm.. ,• (21 1f"v4 u' as _- r i_ W s�.. oumaia v_ EESEc 1. t, �^ �li,no,9 LINE :O ^ zsA T _ imp 9oa 3 � ♦tom 3 m zt s .. TU 71 a>so.e5- g e a:to-os L A. �r .a 2h a i Q.` Ek �xo ,t 5qc} 23atq - 17 17 29 4.2< tyo y.V ::sef=g _.. �a 33A - 222Fic. S. ^c' ,5 � 3Ac- sTA-E OF hEt4 roRK ,_ -w-z 482 2 Oft�lxi FARE OSTRtT 2� 21A s ,. •.SEE SEc nc ac -_�-' BEE SEc.N sE`(t PZt -_:,�_ � � � til 1 E t` tCoO - G. Fr -- - ._.. ._ - _ 4 ._r sauTrcaia N _ Y a� =e A COUNTY OF FF LK O =t r:o�e 7 r a ��eo w Ri 8 „ _�, 018 x ca-zz s x •Q 12 n zn S SEE SEC.10.132 6 t o _ 2<;t t ,w 21 ,s 3 f r COUNTY SUFFQlK O NOTICE R a F c w � r S re �R - N oe I rT �s 3 ? 024 r; F ' t t C f { Gat } c 1 i f d - s a et< a n i i F f HARD r t a- S {C � Ott t fa t s u� COLIN a.,,. FOIK C,OF SFF r02 h W c€n2ov5 E (211 - -r iL =on "- Q 25 -. IA t2v 2sA. - a &, t SECTIM z� s oy 2S t COUNTY LK Nc:c rc ..� lcaa v Kea - 027 o- e of suFFo � (1) AGRICULTURAL DATA STATEMENT TOWN OF SOUTHOLD When to use this form: This form must be completed by the applicant for any special use permit, site plan approval, use variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring this form must be referred to the Suffolk County Planning Commission in accordance with Sections 239-m and 239-n of the General Municipal Law. Applicant Name: Tuthill Oysterponds Holding Co., LLC c/o Reginald Tuthill Address: P.O. Box 86, Orient, NY 11957 Land Owner(if other than applicant): Land Owner Address: Description of Proposed Project: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240-42 G of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21.15 acres and is proposed to be subdivided into 7 lots, ranging in size from 0.86 to 0.90 acres. This property includes a 30' wide private right-of-way and 12.54 acres of preserved subdivision open space inclusive of 5.77 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.34 acres and is proposed to be subdivided into 4 residential lots ranging in size from 0.82 to 0.92 acres and served by a private right of way. Development rights are proposed to be sold on 31.93 acres, exclusive of a 0.49-acre reserve area for agricultural-related use, 1.26-acre area of subdivision open space and 13.38 acres of unbuildable lands. SCTM#1000-18-3-30.3 (North Brown) equals 28.74 acres proposed to be subdivided into 4 lots ranging in size from 1.21 acres to 1.45 acres, and Lot 5 a 22.05-acre lot with developments rights proposed to be sold and a 0.475 developable reserve area. This property includes a 1.53-acre private right-of-way. SCTM#1000-18-6-17.3 (South Brown) equals 26.67 acres proposed to be subdivided, where Lot 1 equals 0.92 acres including a 0.32-acre access driveway. This property includes 24.80 acres of open space inclusive of 0.62 acre of unbuildable lands. Property Location (road and tax map ft 21505 Route 25, Orient, SCTM#1000-17.4-16 Is this parcel actively farmed? Yes No Property Location (road and tax map ft 21070 Route 25, Orient, 17.-6-14.2 Is this parcel actively farmed? Yes No Property Location (road and tax map ft 26975 Route 25, Orient, 18.-3-30.3 Is this parcel actively farmed? Yes No Property Location (road and tax map ft 7685 Narrow River Road, Orient,18.-6-17.3 Is this parcel actively farmed? Yes No Property Location (road and tax map#): 8070 Narrow River Road, Orient, 18.-6-18.1 Is this parcel actively farmed? Yes No Names & addresses of any landowners within the agricultural district containing active farm operations located 500 feet of the boundary of the proposed project: SCTM#1000-18.-3-9.9: Caselnova C Revoc Trt, P.O. Box 479, Orient, NY 11957 SCTM#1000-18.-6-14.6,14.8,14.9: Ezair, Khedouri, 931 Madison Ave., New York, NY 10021 SCTM#1000-18.-6-19.3: The Calverton Group, P.O. Box 455, Orient, NY 11957 SCTM#1000-19.-1-7.4: Latham Farms Property LP, P.O. Box 56, Orient, NY 11957 Attach a tax map or other map showing the site of the property where the project is proposed relative to the location of farm operations identified above. Applicant/Agent Signature Date R g ISLAND 'LO.40 4i - Q 60 L i 113 c - `� Z y Is n fiaP� 2� U as 14 O ^,fie'` ,�a a� � -_ -_ -__ -;•- > P _ �,• m. — _ — .a ,E,N< COUNTY OF SUFFOLK O » ram.tiE �000 sEer,rn Real Yrope i T S e Agency q, F _ Y ✓+ 4 _ w 017 ----------- n�P 4f zq llP MM f 1,A 2­ 81-1 117 N COUNTY Of SUFFOLK R­1= 01 A y T­S-i­Ag-, Al 8 a -I - — — t MIT ----- MA N _414, 2,1 �j 'k ---------- ------------ RD C2 X� --OLD 2 -N, I.A 14. W �A V T4 'Ell-I -A 3 4A .'A I—EN IEE— po NE W YOIK -- ----- ---- 75 No— N NOTICE COUNTY OF SUFFOLK 9 ------------ R�I P-p-ly T..5—i—Ag—y w 019 s AFFIDAVIT OF POSTING This is to serve notice t at I personally poste he prope known as - \%1 // by placin a Town's official p to notice(s) within 10 fe/ct %pu roperty line facing th st et(s) where it can asily seen, and that I o be sure the poster s rd ined in place f sev days prior to the dc hearing on _ I have sent notices, by certified mail -return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) OAA,We Signature Address Date Notry Public ARLEEN ALONSO�� MY COMMISSION#HH 451674 a•". a w`°" EXPIRES:October 5,2027 PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon Fri. 414125 Re: Tuthill Conservation Subdivision SCTM#: 1000-17-4-16 1000-17-6-14.2 1000-18-3-30.3 and 1000-18-6-17.3 Date of Public Hearing: Monday, Aril 7 2025, 5:04 M. 7/18/24, 1:49 PM Town of Southold,NY Public Hearings,Notice of Town of Southold, NY Thursday, July 18, 2024 Chapter 55. Public Hearings, Notice of [HISTORY:Adopted by the Town Board of the Town of Southold 12-27-1995 by L.L. No. 25-1995. Amendments noted where applicable.] § 55-1 . Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-2003] Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated, proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant, petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. § 55-2. Videoconferencing for public meetings. [Added 6-21-2022 by L.L. No. 6-2022] The Town Board of the Town of Southold hereby authorizes members of the Town Board and all members of the Town's public bodies to participate in meetings using videoconferencing technology in a manner consistent with Public Officers Law § 103-a and the Town's videoconferencing policy adopted by the Town Board. https://ecode360.com/print/SO0452?guid=5157337 1/1 MAILING ADDRESS: OFFICE LOCATION: " °r P.O.Box 1179 . ,wa Southold,NY 11971-0959 Town Hall Annex 54375 State Route 25 h, Telephone:631-765-1938 d wy. www.southoldtownny.gov (cor.Main Rd.&Youngs Ave.) op Southold,NY PLANNING BOARD OFFICE TOWN OF SOUTHOLD PLANNING BOARD PUBLIC MEETING Monday, April 7, 2025 5:00 p.m. Options for public attendance: • In person: Location: Southold Town Hall, Main Road, Southold. or • To join via computer: htt s://us06web.zoom.usal81094719626? wd=eta mYM5bxNaYz x e9JBL 74c'banXh.1 Or Online at the website zoom.us, click "Join a Meeting" and enter the Meeting ID: 810 9471 9626 Password: 329298 • Join by telephone: Call 1(646) 558-8656 Enter Meeting ID and password when prompted (same as above) STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JESSICA MICHAELIS, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 18th day of March, 2025 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board Southold Town Hall 53095 Main Road Southold New York 4/7/25 Public Meetinw. 5:02 p.m. Public Hearing for the Smyth Standard Subdivision, located at 29330 Main Road, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-102.-6-23.1 5:03 p.m, Public Hearing for the McBride Standard Subdivision, located at 10625 & 10725 Oregon Road, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-83.-2-15 & 16.1 5.04 p.m. Public Hearing for the Tuthill Conservation Subdivision, located at 8070 & 7685 Narrow River Road, and 26975, 21070, 21505 Route 25, Orient, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-17.-4-16, 17.-6-14.2, 18.-3-30.3, 18.-6-17.3, 18.-6- 18.1 Jessica Michaelis "=�.'''-' ecretary, Southold Town Planning Board Sworn to before me this I day of 2025 Notary Public t40T RY i UBLic„STATE or NEW YORK Registration No,OiSC5 39767 QuahCded in sutl d County comrnis icon Expires February 27 0-JI2 � � � k MAILING ADDRESS: .,. ^" PLANNING BOARD MEMBERS P.O. Box 1179 DAMES H.RICH III ��� °�•.H Southold, NY 11971 � �,�, u•��„ Chairman biz OFFICE LOCATION: MIA JEALOUS-DANK Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 MARTIN H.SIDOR , (cor. Main Rd. &Youngs Ave.) DONALD J.WILCENSKI Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to §276 of the Town Law, and Article XXIV of the Southold Town Code, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York, and virtually via the Zoom online platform, on the 7th day of April, 2025 on the question of the following: 5:02 pm —Smyth Standard Subdivision, located at 29330 Main Road, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-102.-6- 23.1 5:03 pm — McBride Standard Subdivision, located at 10625 & 10725 Oregon Road, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 83.-2-15 & 16.1 5:04 pm —Tuthill Conservation Subdivision, located at 8070 & 7685 Narrow River Road, and 26975, 21070, 21505 Route 25, Orient, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-17.4-16, 17.-6-14.2, 18.-3-30.3, 18.-6-17,3, 18.-6-18.1 Options for public attendance: in person location: Southold Town Hall, 53095 Main Road, Southold. To join via computer: https://us06web.zoom.us/j/81094719626?pwd=eQpmYM 5bxNaYzxgegJ BLy74cjbanXh.1 Or online at the website zoom.us, click"join a meeting" and enter the meeting ID: 810 9471 9626 and password: 329298. To join by telephone, call: 1 (646)558-8656 and enter meeting ID and password when prompted (same as above). Dated: 3/18/24, BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD, James H. Rich III, Chairman lel Check payable to:Times Review Media Group Click this link for Ad copy: https://gacmainstorage.blob.core.windows.net/notices/NY/The-Suffolk-Times/Suffolk-County/Publicnotice-6fe72a2l.pdf Ad Text: LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to §276 of the Town Law, and Article XXIV of the Southold Town Code, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York, and virtually via the Zoom online platform, on the 7th day of April, 2025 on the question of the following 5 02 pm-Smyth Standard Subdivision, located at 29330 Main Road, Cutchogue,Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-102.-6-23.1 5 03 pm-McBride Standard Subdivision, located at 10625 & 10725 Oregon Road, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-83.- 2-15 &16.1 5 04 pm-Tuthill Conservation Subdivision, located at 8070 &7685 Narrow River Road, and 26975, 21070, 21505 Route 25, Orient, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 17.- 4-16, 17.-6-14.2,18.-3-30.3, 18.-6-17.3, 18.-6-18.1 Options for public attendance in person location Southold Town Hall, 53095 Main Road, Southold. To join via computer https us06web.zoom.us j 810947 19626 pwd=eQpmYM5bxNaYzxge 9JBLy74cjbanXh.1 Or online at the website zoom.us, click"join a meeting" and enter the meeting ID 810 9471 9626 and password 329298.To join by telephone, call 1 (646)558-8656 and enter meeting ID and password when prompted (same as above). Dated 3 18 24, BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD,James H. Rich III, Chairman 151F3BBF-0015-$62.50 USD due March 26,2025 Page 2 of 2 PLANNING BOARD MEMBERS MAILING ADDRESS: w„� P.O. Sox 1179 JAMES H.RICH III t Southold, NY 11971 Chairman OFFICE LOCATION: MIAJEALOUSDANK Town Hall Annex PIERCE H.am IDOR � 54375 State Route 25 D MARTIN D J. SIDO SHI ^, (cor. Main Rd. &Youngs Ave.) '" � Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 11, 2025 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: Set Final Plat Public Hearing — Proposed Tuthill Conservation Subdivision SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Zoning District: R-80 and R-200 Dear Mr. Tuthill: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, March 10, 2025: WHEREAS, this proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield among the four parcels pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7-acre private right-of-way and 15.6 acres of preserved open space inclusive of 6 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5-acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3-acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. Tuthill Conservation Subdivision Page 12 March 11 2025 SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acres of unbuildable lands; and WHEREAS, on July 3, 2014 the agent submitted a Sketch Plan Application and fee in the amount of$500.00 with other required materials for submission pursuant to Article V Sketch Plat Review; and WHEREAS, on December 2, 2019 the Southold Town Planning Board granted Conditional Sketch Plan Approval upon the maps entitled: • Sketch Plan North Dyer dated as last revised April 3, 2013, • Sketch Plan South Dyer dated April 1, 2011, • Sketch Plan of North Brown dated October 22, 2013, • Sketch Plan of South Brown dated as last revised April 2, 2013; and WHEREAS, Conditional Sketch Approval, granted by the Planning Board on December 31, 2020; and WHEREAS, on November 4, 2019 the Southold Town Planning Board adopted the Findings Statement for the Tuthill Conservation Subdivision, dated as received November 4, 2019 pursuant to Article 8 of the Environmental Conservation Law (State Environmental Quality Review Act) and the implementing regulations of 6 NYCRR Part 617; and WHEREAS, on December 30, 2024 the applicant submitted a Final Plat Subdivision Application for review by the Southold Town Planning Board; and WHEREAS, on February 24, 2025, at their Work Session the Southold Town Planning Board found the Final Plat application complete and determined that the application is ready for a public hearing; therefore, be it RESOLVED that the Southold Town Planning Board sets Monday, April 7, 2025 at 5:04 p.m. for a Public Hearing on the plats entitled; • Final Plat of Tuthill 80/60 Clustered Subdivision North Dyer dated as last revised April 3, 2013, last revised September 12, 2023; • Final Plat Tuthill 80/60 Clustered Subdivision South Dyer dated April 1, 2011, last revised November 1, 2024; • Final Plat Tuthill 80/60 Clustered Subdivision North Brown dated October 22, 2013, last revised November 1, 2024; • Final Plat Tuthill 80/60 Clustered Subdivision South Brown dated as last revised April 2, 2013; last revised September 14, 2023; all prepared by Nathan Taft Corwin III, Land Surveyor. Tuthill Conservation Subdivision Page 13 March 11, 2025 The public hearing packet regarding the Town's notification procedure and the sign & post will need to be picked up at the Planning Board Office at the Southold Town Annex when you are contacted to do so. Please return the Affidavit of Posting/Mailing, included in the packet, along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday, April 4, 2025. The sign and the post need to be returned to the Planning Board Office after the public hearing is closed. The applicant is advised that a public hearing and additional design changes may be required prior to Final Plat Approval. The next step in the subdivision application process is to file a Final Plat application. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, H, /&,-A 2- James H. Rich, III Chairman MAILING ADDRESS: PLANNING BOARD MEMBERS m P.O. Box 1179 , JAMES H.RICH III �� " Southold, NY 11971 Chairman OFFICE LOCATION: MIAJEALOUS-DANK Town Hall Annex PIERCE RAFFERTY ' „ 54375 State Route 25 MARTIN H.SIDOR '" (cor. Main Rd. &Youngs Ave.) DONALD J.WILCENSIG UN Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael Collins, Town Engineer From: Mark Terry, Assistant Town Planning Director Date: March 6, 2025 Re: Subdivision Application Review Tuthill Proposed Conversation Subdivision Tax Map Numbers: 1000-17.-4-16, 1000-17.-6-14.2, 1000-18.-3-30.3 & 18.-6-17.3, 18.-6-17.1 Type of Application: Sketch Subdivision Map (Dated: ) Preliminary Subdivision Map (Dated: ) X Final Subdivision Map (Dated: 12/30/24 ) Road Profiles (Dated: Grading and Drainage Plans (Dated: ) Other (Dated: Site Plan (Dated: Revised Site Plan (Dated: ) X Road and Drainage Plans (Dated: 12/30/24 ) Other (AS BUILT) (Dated: Bond Estimate (Dated: ) Thank you for your cooperation. Enc. Southold Town Planning Board Work Session — Februa[y 24, 2025 — Page 2 4:OOPM: Applications ....... ... . .. ........... .......................... ............ . ........... ......... Project Name: North Street Apartments SCTM#: 1000-102.-5-9.2 Location, 645 North Street, Cutchogue Description: This site plan is for the proposed construction of a 7,918 sq. ft. building consisting of five (5) apartments at 1,199 sq. ft. each, associated driveways and parking, on a vacant 2.3-acre parcel in the Hamlet Business (HB) Zoning"District. ............. .......... Status: Pending, Action Referral Review ....... ........... Attachments: Staff Report ............................. .... ..... ............... Project Name: McBride Standard Subdivision i SCTM#: 1000-83.-2-16.1, 16.2 & 15 Location: 10625 & 10725 Or qon Road, Cutchoque ......... e . .......... Description: This proposal is for the standard subdivision of a 30.82-acre parcel into three lots, where Lot 1 is proposed to be 1.83 acres, Lot 2 is 1.00 acres, and Lot 3 is 27.985 acres upon which 23.755 development rights have been sold to Southold Town, and a 4.271-acre reserve area in the Agricultural Conservation Zoning District. ........... .................. Status, Sketch Plan,Appr9val Action, Review forPreliminary Plat Completeness & Set Hearing Attachments: Staff Report Project Name: Tuthill Conservation Subdivision SCTM#: 1000-17.4-16, 17.-6-14.2, 18. 3-'3'0.'3,1'8.-6-17.3, 18.-6-1"8.1" Location: 21505 Rt. 25, 21070 Rt. 25, 26975 Rt. 25, 7685 Narrow River Rd., 8070 Narrow River Rd., Orient Description This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#1 000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6- 17.3 (total area=1 12 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240- 42 G of the Southold Town Code. Status: Pending Action: .. ..... Final Plat Application Completeness Attachments, Staff Report Southold Planning Department Staff Report Subdivision Application Work Session Review Date February 24, 2025 Prepared By: Mark Terry I. Application Information Project Title: Tuthill Oysterponds Holding Company Applicant: Tuthill Oysterponds Holding Company Date of Submission: July 3, 2014 Tax Map Number: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000- 18-6-17.3 Project Location; 21505 Route 25 Hamlet: Orient Zoning District: R-80 & R-200 II. Description of Project Type of Subdivision: 80/60 Conservation Subdivision Acreage of Project Site: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTMs 1000-17-4-16, 1000-17-6-14.2, 1000- 18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. III: Status Sketch Plan IV: Action to review Final Plat Application Completeness V: Analysis ��...�--..� A. ;FINAL PLAT COMPLETENESS ....�..........._�.�.�w�..._....��....._.......� ........-.�..�...........� REQUIRED.. ...-.._...�.,. .._.�............�...� ._.....-......-.�_. .....�.�.�.�.�.��.�.. SUBMITTED............�. .._....�..._..._._... ....w..._.._.._..___............ _m .__-._........__...........w................ ___........._.........._.... ...._w............... .... .__w_........... ............... Final Plat Application Form Yes, submitted December 30, 2024 . I"a..--Fe..._.._..........................._.......................................... ..... w_.._ ..... ..... ... ww.. ._._.s'.._._........................ -- -w_ . www........... Final Plat Flat Fee Yes Standard and Conservation Subdivisions $500 _................... _. ....._..-.......... .._.w_.._.._.._.._ w.._....... ............... 12 paper copies of Final Plat including all required information pursuant....t.o....§240.2..1............... ......... _............................_._._m.... . w_�.wwwwww 4 Mylar copies of Final Plat To be submitted at Conditional Final Plat ..........._...... .................................................... .M.M.M._...... .m.ww......www..... ........ _........ ...... . w._wwwww_.wwwwww._. ...... ...... 5 copies of Final Road & Drainage Plan N/A • Approval from Town Engineer required Southold Planning Department Staff Report Subdivision Application Work Session Review p ....required legal To Draft cobe provided copies of all documents: .......... by Planning Staff • Covenants and Restrictions w.2....�o.p.i..e.s...of..�.o.st..esti.mat.e....of public improvements No W_ww.�.wwwwwww,_..www_...................�..�.......__.._ww._��.. ... . ......w,.,_www___...........ww_..._._._..._._ _. w.____......_.... _ ..,,,,�..............n..._...w. ...___.w __.,_.._. All conditions of Sketch Plat met No .............. � ________.wwwwwwwwwww_....._ Set Final Hearing/Review for substantial agreement ....................�.ww_.��._.�...�.ww Planning Board hereby granted Conditional Sketch Plan Approval upon the maps entitled: • Sketch Plan North Dyer dated as last revised April 3, 2013, • Sketch Plan South Dyer dated April 1, 2011, • Sketch Plan of North Brown dated October 22, 2013, • Sketch Plan of South Brown dated as last revised April 2, 2013, with numerous conditions: 1. Approval by the Suffolk County Department of Health Services (SCDHS) will be required prior to Final Plat Approval, and must include the use of innovative/alternative wastewater treatment systems (I/AOWTS) for Lots 1 through 17 when developed with a residential use, as permitted under SCDHS' Article 19. 2. Coordination with the Orient Fire District. 3. Organize the subdivision map so that all four pages will be filed as one map containing four pages, one for each of the four properties. Add a page number label to each "Page 1 of 4", Page 2 of 4, etc. 4. Organize the road and drainage plans in a four-page document with page numbers "Page 1 of 4", etc. 5. The following changes to the Sketch Plans are required: • Provide one table with the 80/60 Conservation Subdivisions calculations for the existing four parcels, including a total for the four parcels combined. Submitted North Dyer a. Title the plat: Tuthill 80/60 Clustered Conservation Subdivision North Dyer Final Plat. Southold Planning Department Staff Report Subdivision Application Work Session Review Completed b. Remove the Subdivision Report Table. Completed c. Show a Lot Area Table on the plat that includes the total lot area for each proposed lot, unbuildable lands, the area of the right of way in the lot and square footage of areas to be cleared. Include each Open Space Area in this table. Shown on Final Plat d. Lighten the Coastal Erosion Hazard Line and darken the seaward parcel boundary along the Long Island Sound. Shown on Final Plat e. Delete the line west of Lot 6 separating the two open space areas to form one contiguous area of open space. Completed f. Label the three open space areas as "Open Space A, Open Space B and Open Space C". Labeled Open Space A and B. g. Straighten the rear lot lines of 4, 5 and 6, maintaining a minimum 100' setback from the wetland line. h. Show building envelopes on each lot with proposed setback distances labeled. Completed i. Increase the width of the right of way to 30' and consider shortening. Retain the historic rock walls where possible. A turn-around design for fire apparatus is required. Permissible designs include a 120' Hammerhead, an Alternative to 120' Hammerhead or a 60 Foot "Y". An illustration of each design is attached. Completed j. Divide the right of way proportionately between the six lots. Each lot will own a portion of the right of way. Include the square footage of the right of way in the Lot Area Table. The applicant proposes a HOA. Square footage of the divided ROW is included in the table. k. Provide a name for the road. Provided 1. Show and label a 10' wide shoreline access from the end of the right of way over Lot 4. Shown m. Show the relocated lot from South Dyer and label as lot 7. If the lot is to be located in the southeast of the parcel, retain or move the historic rock wall within the open space. Shown Southold Planning Department Staff Report Subdivision Application Work Session Review n. North Dyer Road and Drainage Plan Submitted. To be coordinated with the Town Engineer. i. Submit 6 copies of a Road and Drainage Plan that satisfies the requirements mandated through §240-21 Technical requirements. ii. Title the plans: Final Road and Drainage Plans. iii. A 30' wide right of way and a 26' wide load bearing surface is required. Utilities can be located under the road. Include a centerline profile and road cross section, utility detail and asphalt apron design on the plans. iv. Drainage for the road is recommended as passive swales or similar for the private access road. Contact the office of the Town Engineer to discuss an alternative "greener" storm water control systems. V. Provide test hole data for each parcel. vi. Show street trees or identify existing trees that would be acceptable as street trees on each residential lot. Planted street trees shall be shown 40' on center. Trees that are identified in lieu of planting must also be shown on the final plat. The designation of existing trees will require consultation with planning staff. vii. Show property boundary concrete monuments. viii. Show fire well (to be determined). ix. Add a notation "Refer to the corresponding Road & Drainage Plan, on file with the Southold Town Planning Department, for additional details and specifications for road and drainage construction South Dyer a. Title plat: Tuthill 80/60 Clustered Conservation Subdivision South Dyer—Final Plat. Completed b. Remove the Subdivision Report Table from the plan. Completed c. Show a Lot Area Table on the plat that includes the total lot area, unbuildable lands (including the 54,985 sq. ft. of subdivision open space from past set-off to be reflected as unbuildable land in the Development Rights To Be Sold parcel), and the area of the right of way in each of the lots. Shown d. The redesign of the parcel must achieve a minimum preservation of 80 percent of buildable lands, at least a 60 percent reduction in density and a maximum 20 percent development area on the parcel. Completed Southold Planning Department Staff Report Subdivision Application Work Session Review e. Relocate one lot from the parcel to the North Dyer parcel. Completed f. Include the farm stand in the development area calculations and attach the farm stand to the open space area with a dashed line. Label this area "Agricultural Development Area". Completed g. Label the open space area as "Development Rights To Be Sold Area". Completed h. Remove the 38,850 sq. ft. and 16,166 sq. ft. areas shown on the plan. The subdivision open space, which equals 54,985 sq. ft. from the set-off of SCTM#1000-17-6-14.3, will be accounted for in the development rights easement as part of the open space and is not allowed to be "landed" as a separate lot area. Shown in the Area Table. i. Show building envelopes on each lot with proposed setback distances labelled. Shown j. Increase the width of the right of way to 30'. A turn around design for fire apparatus is required. Permissible designs include a 120' Hammerhead, an Alternative to 120' Hammerhead or a 60 Foot "Y". An illustration of each design is attached. Not completed. Applicant proposed alternative designed access. k. Divide the right of way proportionately between the four lots. Each lot will own a portion of the right of way. Include the square footage of the right of way in the Lot Area Table. Shown for lots 2 through 4. Square footage of the divided ROW is included in the table. I. Provide a name for the road. Racketts Court. m. If residential access to the Orient Harbor is proposed, show a 10' wide shoreline access. Shown n. Add a notation "Refer to the corresponding Road & Drainage Plan, on file with the Southold Town Planning Department, for additional details and specifications for road and drainage construction. o. South Dyer Road and Drainage Plan Submitted. To be coordinated with the Town Engineer. i. Submit 6 copies of a Road and Drainage Plan that satisfies the requirements mandated through §240-21 Technical requirements. ii. Title the plans: Final Road and Drainage Plans. Southold Planning Department Staff Report Subdivision Application Work Session Review iii. A 30' wide right of way and a 26' wide load bearing surface is required. Utilities can be located under the road. Include a centerline profile and road cross section, utility detail and asphalt apron design on the plans. iv. Drainage for the road is recommended as passive swales or similar for the private access road. Contact the office of the Town Engineer to discuss alternative "greener" storm water control systems. V. Provide test hole data. vi. Show street trees on the east side of the proposed road where it is adjacent to the new lots. Street trees shall be planted 40' on center on each residential lot or submit a street tree fee in the amount for the total number of street trees calculated. vii. Show property boundary concrete monuments. viii. Show fire well. The location and specifications will be provided. North Brown a. Title plat: Tuthill 80/60 Clustered Conservation Subdivision North Brown- Final Plat. Completed b. Delete the Subdivision Report Table from the plat. Completed c. Show a Lot Area Table on the plat that includes the total lot area, the unbuildable lands, the area of the right of way and clearing limits both as a percentage and square feet. Shown d. Extend the lot lines of 1, 2, and 3 to the northern boundary (tie line) of the parcel. This will eliminate the non-contiguous open space shown on the waterfront. Completed e. Remove the notation "open space" north of the lots. A separate area of open space does not achieve the goals of this conservation subdivision. Open space must generally remain undivided. Relabel this area "Non-disturbance buffer". An alternative may be to redesign the lots to create a substantially contiguous open space lot that includes some of the bluff and beach. Complete f. Show building envelopes on each lot with proposed setback distances labeled. Shown g. Re-locate the access road to the west property boundary. Consolidate the future curb cuts to State Route 25, if possible, through an agreement to share an entrance with the adjacent parcel to the west with the access flag (SCTM# 1000- 18-3-9.2 (vacant)). Southold Planning Department Staff Report Subdivision Application Work Session Review Incomplete. The applicant attempted to meet this condition. h. Increase the width of the right of way to 30'. An alternative turn around design for fire apparatus is recommended. Permissible designs include a 120' Hammerhead, an Alternative to 120' Hammerhead or a 60 Foot "Y" as illustrated in the attachment. Incomplete. The ROW is shown as 26' and 25' wide. i. Divide the right of way proportionately between the lots. Each lot will own a portion of the right of way. Include the square footage of the right of way in the Lot Area Table. The applicant is proposing an HOA to maintain the ROW and Road. The ROW area appropriated to each lot is shown in the Area Data Table. j. The Planning Board will permit one, common shoreline access to be constructed through the non-disturbance buffer to the Long Island Sound in the covenants and restrictions. Do not illustrate the access on the map. Shown on Lot 1. k. Label the open space area as "Development Rights To Be Sold Area" Shown I. Show the maximum square footage to be cleared on each lot. The building envelopes cannot encroach into the areas that will remain un-cleared. Shown m. Provide a name for the road. Not provided n. North Brown Road and Drainage Plan Submitted. To be coordinated with the Town Engineer. i. Submit 6 copies of a Road and Drainage Plan that satisfies the requirements mandated through §240-21 Technical requirements. ii. Title the plans: Final Road and Drainage Plans. iii. Provide test hole data. iv. A 30' wide right of way and a 26' wide load bearing surface is required. Utilities can be located under the road. Include a centerline profile and road cross section, utility detail and asphalt apron design on the plans. V. Drainage for the road is recommended as passive swales or similar for the private access road. Contact the office of the Town Engineer to discuss an alternative "greener" storm water control systems. vi. Show street trees or identify existing trees that would be acceptable as street trees on each residential lot. Planted street trees shall be shown 40' on center. Trees that are identified in lieu of planting must also be shown on the final plat. The designation of existing trees will require consultation with planning staff. Southold Planning Department Staff Report Subdivision Application Work Session Review vii. Show proposed locations of property boundary concrete monuments for each lot. viii. Show fire well. The location and specifications will be provided ix, Add a notation "Refer to the corresponding Road & Drainage Plan, on file with the Southold Town Planning Department, for additional details and specifications for road and drainage construction South Brown a. Title plat: Tuthill 80/60 Clustered Conservation Subdivision South Brown — Final Plat. Complete b. Attach Lot 1 to the open space area by replacing the solid line of the lot with a dashed line. Label the area as "Development Area". Complete c. Label the open space area as "Development Rights To Be Sold Area" Complete d. Clearing limits have been waived and therefore there is no need to provide calculations. e. Remove the Subdivision Report table from the plat. Complete f. Show a Lot Area Table on the plat that includes the total lot area, the unbuildable lands, the Development Area without the driveway area, the area of the driveway, and the area of the Development Rights To Be Sold Area. Complete g. The proposed width of 15' for the driveway is permissible. It is recommended that passive drainage is designed to manage stormwater. h. Show proposed locations of property boundary concrete monuments for the development area. Complete i. Fire protection will to be determined by the Orient Fire District and details will be proved to you in the future. 6. Two copies of a cost estimate of public improvements required under Articles IX, Bonds and Other Security and X, Required Public Improvements; Inspections; Fees will be required to be submitted during the Final Plat application review. 7. During the Final Plat application review, attain coverage from New York State Department of Environmental Conservation (NYSDEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. Submit the NYSDEC SWPPP and NOI submission directly to the Department of Environmental Southold Planning Department Staff Report Subdivision Application Work Session Review Conservation for their review and approval. A copy of the SWPPP must also be submitted to the Town Engineering Department prior to any commencement of construction and/or the beginning of work. 8. The October 20, 2014 Southold Board of Trustees memorandum indicated that the proposed action is not within their jurisdiction except for shoreline access. A future permit from the Board of Trustees for shoreline access paths and structures will be required prior to construction. 9. Submit a Tidal Wetlands Permit, as required by the New York State Department of Environmental Conservation (NYSDEC). Application directly to the NYSDEC is required during the Final Plat application review. 10.A NYSDOT Highway Work Permit will be required for work within the NYS Route 25 right of way. Application directly to the NYSDOT is required during the Final Plat application review. 11.Submit agreed upon draft covenants and restrictions. A draft template will be provided by the Planning Department during the Final Plat application review. 12.A Park & Playground fee of$45,500 (13 x $3500.00) pursuant to §240-53 G of the Southold Town Code, will be required to be submitted prior to Final Plat approval. 13.An Administration Fee in the amount of$34,000 (17 x 2000.00) or 6% of the combined performance guaranty estimates, whichever is greater, pursuant to Southold Town Code §240-37 Administration fee may be required to be submitted prior to Final Plat approval. 14.Submit a Final Plat Application meeting all the requirements of Section 240-20 of the Southold Town Code. An application has been submitted, Planning Board Considerations Staff recommends the Final Plat Application as complete„ i a4-hi(l OyOlrpc-Ads F14d1r) CorApany Sol4o Clus�{-�red �s�r�a+ion �a �divisi0ll app(ica, ...RECEIVED.. IP11111�� �1 �lll III L , 6-ufkin[d 'own....._., Planning Board f i4a co, Soud�'4�ca us n No ......, ............. .,.w......,o, „............ ...... ,....... .,.....,,..„ IML ED 0SOUTHOLD PLANNING BOAR )i + i ision Application Form - Final Plat Approval P ariNrig Board APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision . IITGD --c.- ittm SefJ Su bd��;si arl Suffolk County Tax Map# __ �. � ..�;w1 pt�,P�`�-F1b1►s _. _.......... 3_ Hamlet _ _ r'�.. ....,__._...... _ ...... ._ . 4. Street Location .......... ........ .. 5. Zoning District w..........,_ w.� .....__.....w. w�.._._............. 6. Date of Submission _. ............._ _ _ �.._ ..�. ��.w. _. ._ ` 7. Sketch Plan Approval Date 8. Preliminary Approval Date _. .ww .��� �._ ` ............. .._. _..w —.._ 9. Number of Lots Proposed . ...�. w.. w. . ._�.�.�.�.�.�......... ..-.............. 10. Acreage of Open Space/Reserved Area 11. Affordable Housing Units Proposed 12. Percentage of Affordable Ho using ........ .....� ................. 13. If providing less than 20%Moderate Income Fatnil�-Dwelling Units (NHFDU),please indicate how the propert-y owner intends on satisfying the Affordable Housing requirement pursuant to §240-10 B(2)(c)r of the Town Code- ............... _. _.............. ww_. ._.._ ._ _..__�..d. . �w_. —-------- ......._..............._._w_..w 14, Does the Final Plat conform substantially to the approved Preliminary Plat? If not, please explaindifferences. 15. Application prepared by [] owner [] agent [`other Date Signature of Prepares _AAW-j Final Plat 4pplication Form Tuthill Oysterponds Holding Company 80/60 Clustered Conservation Subdivision Overview The proposed Subdivision is composed of 4 parcels: 1. North Dyer(ND)- Tax Map#1000-17-4-16, located at 21505, Main Road in Orient.The Zoning District is R-80.This parcel is not farmed. 2. PutW r.(,s ►)—Tax Map#1000-17-6-14.2, located on Racketts Court in Orient.The Zoning District is R-80.This parcel is farmed. 3. N r lrow (NB)—Tax Map#1000-18-3-30.3, Located on the Main Road, near Narrow River Road in Orient.The Zoning District is R-80.This parcel is farmed. 4. South-Brown. ..(S. :)-�..Tax Map# 1000-18-6-17.3, located on Narrow River Road in Orient.The Zoning District is R-80 and R-200.This parcel is farmed. f.t .el.AeA. (# Lots allowed) based on Zoning: N D: 3 Lots SD: 5 Lots-one from cumulative yield of all parcels and 4 from Zoning calculation NB: 5 Lots =5 Lots SB: R-80 =4 Lots. R-80= 3 Lots, R-200 = 1 Lot PrvposedlLots: Using Transfer of Development Rights (TDRs)to maximize farming ND: 7 (3 from ND Yield, +4 from TDRs: 1 SD, 1 SB R-200, 2 from SB R-80) 5D.4(moved one TDR to ND) N.B: 5 SB: 1 Total: 17 Acreage..Qf.. a ,....$ . .e R r d .r !N. i .1..2.., 4. ( ,.7 7..Uplar. ,.... , 75.Wetla. ) . ;.....3. . . . .... ( uAd ble) W__2.2,059 .....(.. .i.Ld i. .LeJ S.B.*2 ,.6p .ac,_ Buitd ale) Tee .,3 . ..( . R .le).�.7 � YieldRodUction, P..r .e : t�': . . etmm ation-.."i ,. gar u,r.. :.. .parcels Subdiv lion Final Plat Overview Acres Lot Yield-80/60 BuildabMeAcres f+aoso:seaed80tsoO'ntoredC's:,mervatY.on Total Unbuild. Buildable~'w G31c. #Lots TDR Impact #Lats 80%Prsv,20%Dev.. #Lots Prsv.Ac. Prsv.% Dev.Ac. '...ND R-80 21.15 5.77 ]5.38 3.35 3 +4 7 12,30 3 08 7 9.87 64% SSl SD R-80 35.34 15.91 19.43 4.24 5s -1 4 15.54 3.99 4 15.54 80% 3.89 NB R-80 28.75 2.07 26.68 5.81 5 0 5 21.34 5.34 5 21.56 81% 5.12 8B•R-80 15.69 0.12 15.57 3.89 3 -2 1 12.46 3.11 1 1 14.33 92% 1.24 SR..R-200 11 0%.23 0.51 10.72 0.93 1 -1 0 8.58 2.14 ID.72 10 _ 0 ISBTotal 26.92 0.63 26.29 4,3 4 3 WWWWWW-1- w 21.03 5.26 1....... 25.05 95% 124 Total 112.16 24.38 87.78 17.73 12 0 17 70.22 1756 17 7202. 82% 15.76 *fire.1ml e%a'ro and W tot from SB AREA DATA BY LOT BY PARCEL TOTAL. UNBUILDABLE CLEARING AREA RIGHT OF WAY LOT AREA AREA 50%o1 Lot Area 1A A0Ntl4=;;' .N'," ". 4 - `, rL4 RO6Sr Ogoen Space A_29�4"M4 k"r��7F ,M�Pi�1„7'0 5 1'F;r Nd',A. hk Am Open Space B 730283 1.659 N.A. N.A.W N.A. W N.A. N,A L.ot 1 39 021 0.996 W-...-0 0 19y511 ..w 0.448 _0.109 --- at 2 37 878 0.87 W W WO_._. 0 .. 19r50S 0.448W0.109 Lot 3 37545 W 0.862 0 O 19 520 0.448 OA09 4 39,270 0,902 0 0 19798 0.454 0.109 lots 38975 0.895 00 19488 0447� OMO�„ 39,045 0.896 0 0 0"4" 4.734 0.000 Lot 6 less Fla 18,071 0.000 0.000 30141 0.691 0 0 0.000 0.000 _m ..... Lot? 38,147 0.876 0 ' 0.000 19,736 0.453 4,733 0.109 Total Area 9 65651 21.15 251,570 5.775 135,628 3.114 39„134 0.761 UNBU110ABLE AREAFO.491 6.48,1.61 1144AS0 clustered Subdivision 549851.262 Other 583176 13,388 Dev.Rights wwwwwww To Be Sold 1,19Z,13Agricultural 21,369rvrvrvrvry Dev.Area SO'Wide Bay 3,471 0.080 RIGHT OF Lot 1 5,084 0.117 Lot 2 6,913 0.159 Lot 3 5,366 0.123 Lot 4_.... '..2,901 0.067^ TOTAL LOT 638,161 14.6502 �wwwwWw WWmm AREA .m Lot 1 35 856 0.82314i Lot 2 40,104 0,9206 _._... aa... pp ---..........._ .....mm. Lot 3 39 110 0.897841 --ww- „„„_„ of n nc 6`&i 39,110 0.89784 10'Wide Bay ,,..,.. ....__. ............. ,._. ............ .. at NORTK RIGHT Of,WA 6,L&7 1.531 DEV RIGHTS TO BE SOLD 960 84 22.059 Lot 1 52,805 1.2 w w Lo[2.w � 12 960 1.216 tt 3 427 1.o Oo 3,468 42577 5 211679 .475 T.LAREA 2 1,252,22a 28.747� .DROWN 'TO AREA 1,161,919 26.675 .....�" .. „. ..... UNBUILDABLE 27147 0.62321 __.. ......... .,. ............. .. Dev Area w/o Driveway 40,004 0.91837 [�E 14154 0.32493 1,O1Y1,67a 24.8089 !t t.w . . .. .. .r,t . i .. . ,rTu t . I .lu r _ ;o: r + ._S. W. . .Le.rsbj ,:-The Tuthill Oysterponds Holding Company was established in December, 2006,to consolidate the management and control of certain properties of the Family which improves the efficiency of the management of those properties by holding them in a single, flexible entity.The Company is comprised of 10 family members. Four of the 10 are Managing Members, and the other six are Limited Members.All ten Holding Company members will become members of the HOA. The Tuthill Oysterponds Holding Company is the owner of all parcels in the proposed 80/60 Clustered Conservation Subdivision.The Members of the Company will become the future owners of the Lots that will be established in the Subdivision. Managing the HOA for the Subdivision will be a natural extension to the work the Company has done since 2006 to preserve and maintain the 4 parcels.We will update the Holding Company Operating Agreement to include all documents governing ownership, maintenance and use restrictions for common facilities. We will ensure that any instruments which satisfy the requirements of HOA management and stewardship for the preserved land will be filed with the Suffolk County Clerk, on or before the date on which the subdivision map is filed. Ear . . .f-'r. : :r.v-e,d L id,=:,.TI ,�w i . r ..... '..g _r w-an- . o._ . m; • The Tuthill Oysterponds Holding Company will maintain title to the land that will be preserved. Farming can continue on South Dyer, North Brown and South Brown. In the future, North Dyer can also be farmed, if a viable project is defined that will meet all requirements for the preserved areas to be farmed.All Holding Company Members and other Lot owners can walk in the woods, maintain or extend the flower gardens and continue to mow areas that have been mowed for many years on any of the 4 parcels. • We are submitting this application with current Southhold County rules and regulations as they stand today for open space covenants and restrictions. .r ....lye.r • Maintain the 10'wide path access to the Sound and Right of Way for all lots through the non-disturbance buffer to the Sound Beach.Any additional structures to maintain current access from the Main Road to the Sound. • Construction of structure of our choice to extend the path if Munn Lake floods, obstructing access to the Sound Beach or if the path erodes. • The 100'buffer from Munn Lake will be undisturbed with the exception of the removal of dead and or decaying trees and trees smaller than 8"in diameter, damaged or noxious vegetation,without approval of the Planning Board • Removal of debris, brush,vegetation that is dead, decaying, invasive, poses danger, etc. • Town inspection 1X per year • No industrial fertilizer or chemicals on ND • Allow access for hunting • Allow open space to be mowed • Allow for large object storage. Examples include but not exclusive to this list: boat storage, RV storage, classic car storage,farm equipment,fishing equipment, etc. • Allow family recreation on property, examples include but not exclusive to this list: family weddings,town fundraisers,family reunions, etc. • Allow for family non profit and for profit business to be conducted on the property • Allow for horticulture farming • Allow for animal and insect husbandry • Allow for additional fencing to be erected on property boundaries and individual lot boundaries • Allow Easement for all Electric,Water,telephone, cable, etc. • Host Charitable events on the property that are sponsored or approved by the Town South Dyer • Maintain a 10' path to Creek and Beach access for Lot 14.3, and 4 new SD lots • Allow trimming/clearing to maintain a buffer along the Creek • Public access to creek is prohibited • Cross Easement for all Electric,Water,telephone, cable, etc. • New Construction may be necessary for Agriculture or Aqua culture businesses • Ability to improve the land to meet State and Federal requirements for Agriculture or Aquaculture business • Dredging • Maintain current Farmstand in working condition with necessary upkeep to structure and surrounding property • Allow access for hunting in compliance with Southold Town regulations • Allow open space that is currently mowed to continue being mowed.Allow mowing that is needed to facilitate farming operations. • Allow for large object storage. Examples include but not exclusive to this list: boat storage, RV storage, classic car storage,farm equipment,fishing equipment, etc. • Allow family recreation on property, examples include but not exclusive to this List: family weddings, town fundraisers, family reunions, etc. • Allow for family non profit and for profit business to be conducted on the property • Allow for horticulture farming • Allow for animal and insect husbandry • Allow for additional fencing to be erected on property boundaries and individual Lot boundaries • Allow Easement for all Electric,Water,telephone, cable, etc. • Host Charitable events on the property that are sponsored or approved by the Town • Within the 1 00'setback, dead trees and trees smaller than 8"in diameter, can be removed by hand and hand trimming of existing trees to maintain the view. • Removal of debris, brush,vegetation that is dead, decaying, invasive, poses danger, etc. • Allow access for hunting that is in compliance with Town of Southold regulations. • Ability to construct and maintain structures that allow for beach access to the sound • Maintain and modify current landscape as needed to preserve farm ability and agriculture that exists and could exist. Examples include but not limited to: irrigation infrastructure (ex: ditches) • Public access to future structures that allow for water access to the sound will be prohibited • Allow open space to be mowed to facilitate farm operations. • Allow for large object storage. Examples include but not exclusive to this list: boat storage, RV storage, classic car storage,farm equipment, fishing equipment, etc. • Allow family recreation on property, examples include but not exclusive to this List: family weddings, town fundraisers,family reunions, etc. • Allow for family non profit and for profit business to be conducted on the property • Allow for horticulture farming • Allow for animal and insect husbandry • Allow for additional fencing to be erected on property boundaries and individual Lot boundaries • Allow Easement for all Electric,Water,telephone, cable, etc. • Host Charitable events on the property that are sponsored or approved by the Town • Within the 1 00'setback, dead trees and trees smaller than 8"in diameter, can be removed by hand and hand trimming of existing trees is allowed to maintain the view. • Removal of debris, brush,vegetation that is dead, decaying, invasive, poses danger, etc. So h.fk n • Allow access for hunting that is compliant with Town of Southold regulations • Allow open space to be mowed to facilitate farming, including bee husbandry operations. • Allow for large object storage. Examples include but not exclusive to this list: boat storage, RV storage, classic car storage,farm equipment, fishing equipment, etc. • Allow family recreation on property, examples include but not exclusive to this List: family weddings,town fundraisers,family reunions, etc. • Allow for family non profit and for profit business to be conducted on the property • Allow for horticulture farming • Allow for animal and insect husbandry • Allow for fencing to be erected on property boundaries and individual lot boundaries • Allow Easement for all Electric,Water,telephone, cable, etc. • Host Charitable events on the property that are sponsored or approved by the Town • Dead trees and trees smaller than 8"in diameter, can be removed by hand and hand trimming of existing trees to maintain the view. • Removal of debris, brush,vegetation that is dead, decaying, invasive, poses danger, etc. • Maintain farmable and agricultural area and preserve the natural wetlands that exist today. Examples include future environmentally conscious structures, construction, or modifications required to keep it preserved: i.e. imported soil to create barriers, bulk heads, etc. AA-9te The Tuthill Oysterponds Holding Company was founded on December 16, 2006.The primary focus of the Company has been stewardship over the 4 land parcels owned by the Holding Company: North Dyer, South Dyer, North Brown and South Brown. The main areas of responsibility include: • Consolidation and control of properties to improve management efficiency • Engaging Family members in management of Family assets • Keeping ownership of the properties within the Family to the extent possible • Protecting Family properties from future creditors of Family Members • Acquiring partnership/limited partnership interests as needed to conduct LLC business • Engaging in the Real Estate business to acquire, hold, develop, operate properties. We would expand the Company scope to include HOA responsibility for the 4 parcels. Individual sub-HOA's for each parcel would manage day-to-day issues and responsibilities with oversight from the Holding Company. Powers of Holding Company management are further detailed on the next page. - A. Powers of Maragement Powers Include, but are not limited to (8.1): • Exercise all rights to the ownership of stocks and securities • Sell real or personal property to any person • Buy, lease, acquire real or personal property to conduct LLC business • Engage in any means of financing: Borrow money, Issue debt instruments secured by any encumbrance on L iS assets, assign debts owing to the LLC. • Enter into agreements for sharing of profits and joint ventures • Manage, administer, conserve, improve, develop, operate, lease, utilize and defend LLC assets, directly • Execute any type of agreement or instrument in connection with LLC power • Employee all types of agents and employees • Buy or obtain equipment or other property in connection with LLC business • Incur any reasonable expense for travel, insurance, taxes, etc. • Sue and be sued, complain and defend in the LLC's name • Establish bank accounts, brokerage accounts to make withdrawals from accounts • Make operating Distributions (7.3) and make loans to Members. • The HOA on each parcel will decide how they will plan for funding future road maintenance. The road should be divided equally among the Lot Owners and each Lot Owner should pay their share of the cost. The HOA will decide if they will collect Road Maintenance fees annually, or only when there is a need for road repair. • The intention is to keep the road passable and in good enough condition that it does not damage vehicles using the right of way December 20,2024 Tuthill Oysterponds Holding Company Southold Town Conservation Subdivision Application packet requirement: X- Curb Cut Permits (Town Highway Department, Department of Transportation, Department of Public Works). The Tuthill family had phone conversations with Joshua Ecker,Assistant Resident Engineer/Permit Engineer in Residency 3 of the NYS Department of Transportation located in the Riverhead office. Joshua confirmed he would be our point person to obtain the necessary permits for the curb cuts/private roads on all parcels North Dyer,South Dyer, North Brown (and South Brown if necessary). The "roads"to be built for the conservation subdivision project on 3 separate parcels will be "private roads". They will only be used by the houses on each parcel. - The South Dyer parcel has 4 lots (Will confirm with Joshua at time of application about requirements needed for Racketts Court.) - The North Dyer parcel has 7 lots - The North Brown parcel has 5 lots - The South Brown parcel has 1 lot and will only need a driveway, (will clarify with Joshua if permit is needed at time of application) Steps: - Once we have approved site plans, we will complete "Form PERM 33 Highway Work Permit Application for Non-Utility Work" and send it to Joshua at the DOT office in Riverhead. (1900 County Road 58, Riverhead, NY 11901) The permit application will include; o Approved site plans with specifications o Road and drainage engineering plans and we will provide the name and contact information of the Engineering Company we are working with o A brief description of the work being done and a covenants and restrictions document o Indicate form of insurance coverage o Estimate the cost of work being performed in the state highway right of way o Anticipated duration of work to be performed with starting date and end date. o Permit Fee Payment - Through the permit approval process, the Real Estate/Right of Way department and the Design department within the NYS Department of Transportation will get a chance to look at the application and request any necessary changes to make sure it follows state guidelines. - Joshua Ecker will respond to the application with questions and/or comments and will coordinate back and forth with us to complete the process in order to obtain the NYS Department of Transportation approval and a NYS permit through the Department of Transportation. December 20, 2024 Tuthill Oysterponds Holding Company Southold Town Conservation Subdivision Application packet requirement: ix- Letter of non-jurisdiction or wetland permit if applicable,from the NYS DEC The Tuthill Family had a phone conversation with Southold Town Trustee, Eric Sepenoski, to obtain information regarding the wetland permit(s) and/or non-jurisdiction letter(s) needed for the Conservation Subdivision Application. Eric stated he would follow up with his fellow trustees to confirm if a non-jurisdiction letter is needed from the NYS Dept. of Conservation on the North Brown parcel and South Dyer parcel access permits. In his experience,the NYS DEC permit is needed for revetment or retaining wall projects or dredging projects. 1) North Brown Parcel -A wet land permit is needed for staircase to the beach - Since this is in the 100-foot setback, a permit from Southold Town Trustees is needed.The Tuthill family can schedule a pre-submission inspection with the Trustees before submitting an application that includes a survey map,drawings for the staircase and a Covenant&Restrictions document that details the access to the staircase. 2) South Dyer Parcel-A wet land access permit is needed for access to the creek and the beach across from the creek. Since this is in the 100-foot setback, a permit from Southold Town Trustees is needed.The Tuthill family can schedule a pre- submission inspection with the Trustees before submitting an application with a survey map that includes the access path and a Covenant&Restrictions document with details about the access to the creek and beach. 3) South Brown Parcel-no need as we have a separate parcel with a pre-existing dock. 4) North Dyer Parcel - no need for wet land permit. SOUTHOLD PLANNING BOARD Subdivision Application For — Final Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision North Dyer RECFTVED 2. Suffolk County p Tax Ma # 1000-17-4-16 ) 0 " 3. Hamlet Orient _._.,D:rouanning i3caard _..a__...,... 4. Street Location 21505 Main Road 5. Zoning District R-80 6. Date of Submission 7. Sketch Plan Approval Date 12/3/2019 Conditional Sketch Plan Approval 8. Preliminary Approval Date N/A for Conservation Subdivisions 9. Number of Lots Proposed 7 Lots 10. Acreage of Open Space/Reserved Area 12.542 ac. (6.767 Upland, 5.775 Wetlands) 11. Affordable Housing Units Proposed N.A. 12. Percentage of Affordable Housing N.A. 13. If providing less than 20% Moderate Income Family Dwelling Units (MIFDU), please indicate how the property owner intends on satisfying the Affordable Housing requirement pursuant to 240-10 13(2)(c) of the Town Code. N/A 14. Does the Final Plat conform substantially to the approved Preliminary Plat? The Final Plat conforms substantially to the 12/3/2019 Conditional Sketch Plat Approval. See attached detail. 15. Application prepared by [ ] owner [ ] agent] [ x ] other Signature of Preparer "" Date Od- M4 kCi, P Dye-r-C-tus-t-e-re d-C oun"wli Qn-$-ub-diYi-$-i-QAP-r-Q9r-eS-S Summary of Action Taken to Address the Conditional Sketch Plan Approval ,U onTakemWAd*e.s-s-.Con dftions TbatApplylo-all-PAr". 1s, a. We confirmed that we would use innovative/alternative wastewater treatment systems (I/AOWTS)for Lots 1 through 17 when developed with a residential use, as permitted under SCDHS'Article 19. b. We started the process to submit the SCDOHS Subdivision applications for each parcel. 2. CaardinM inn-wth,the-0-dentfire.District -We reviewed our Sketch maps with the Orient Fire Chief t and have made the changes they required. 3. We reD.entty,r,,e-c.e.i.ve.d..th.e,.FinaI Platmaps..-The Professional Engineer has finished the draft ND Road and Drainage plans and he is working to complete the other parcels. 4. The,-fi,na.L-PAatAPPAi.c.a.ti..o ns. include a table with the 80/60 Conservation Subdivision's calculations for the existing four parcels, including a total for the four parcels combined. 5. Each-P -Map is titled"80/60 Clustered Conservation Subdivision 'Parcel Name' Final Plat". a. The S.tib.divisipn-Re.POrt..TobLe.,has been removed from the Final Plat maps b. Eachparce-L map includes-a Lot Area Table with the total lot area for each proposed lot, unbuildable lands,the area of the right of way in the Lot and square footage of area to be cleared. Each Open Space area will be included in this table. ,C-ond:it,i.o-n,.s.ttm.t.a,pp.ty-t.0 No-ftftDyer: a. The plat is titled:Tuthill 80/60 Clustered Conservation Subdivision North Dyer Final Plat. b. The Subdivision Report Table has been eliminated c. A Lot Area Table is included on the Plat. It includes the total Lot area for each proposed lot, each Open Space Area, unbuiLdabLe Lands,the area of the right of way in the lot and square footage of areas to be cleared d. The Coastal Erosion Hazard Line has been Lightened and the seaward parcel boundary along the Long Island Sound has been darkened e. The Line west of Lot 6 that separates the two open space areas has been eliminated f. Open space areas are now Labeled as Open Space A and Open Space B. Open Space C has been combined with Open Space A. g,.Wetlan,d-Settxacks,-Rear Lot lines of 4, 5 and 6 have been straightened to the degree possible, maintaining a minimum 1 00'setback from the wetland Line. h.-Building EnveLopesL=,,are shown on each Lot with proposed setbacks distances [abetted L Riglit,o f, . -Way.has been increased to 30'.We are requesting 16'load bearing as shown in Drawing 15-4 in the Department of Highways Standard Drawings.The Historic RockWaLts-WiLL be retained. The west side, will be restored so that it is stable and more uniform.The East will be moved -5'to the East to enlarge the Right of Way to 30'.The increased area will come from Lots. Tur.n.Ar-o.und.for-,,Fire-Appa,ro.tus ,,We are using the Alternative Hammerhead option. j. Rigtft-of.._Way-Each Lot will own 1/7 1h of the Right of Way from the Main Road to the Sound. adjacent to their lot.All Lots will have a right of way by foot or vehicle to the Main Road. k. Road Norne-Dyer Lane I. 1,0,,,,'Wi-d.e-,.Shor.elino,access-from the end of the Right-of-Way over Lot 4 is shown/labeled. m. Lot 7 is Located between Lots 2 and 3 .This is the Lot relocated from South Dyer. n. Street Trees -We are not showing additional street trees on the Main Road.There is an existing,very large Copper Beach and a Large Locust tree. Additional trees would block the Bay view for Lots 1 and 2;we will pay the street tree fee required.The other Lots are Located in heavily treed areas. mjUT OLD PLANNING BOARD Subdivision Application Form — Final Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision South Dyer - 2. Suffolk County Tax Map # 1000-17-6-14.2 RECEIVED F-���4m 00 24 3. Hamlet Orient � � a ro ��._.._. Nanning Board4. Street Location Racketts Court _.. _- .... .--.... _--- 5. Zoning District R-80 6. Date of Submission 7. Sketch Plan Approval Date 12/3/2019 Conditional Sketch Plan Approval 8. Preliminary Approval Date N/A for Conservation Subdivisions 9. Number of Lots Proposed 4 Lots 10. Acreage of Open Space/Reserved Area 31.938 ac. 11. Affordable Housing Units Proposed None 12. Percentage of Affordable Housing N/A 13. If providing less than 20% Moderate Income Family Dwelling Units (MIFDU), please indicate how the property owner intends on satisfying the Affordable Housing requirement pursuant to 240-10 13(2)(c) of the Tow Code. If our DroDosed Conservation Subdivision is not exempt from MIFDUs we will Vgy the necessar f� ees• 14. Does the Final Plat conform substantially to the approved Preliminary Plat? The Final Plat conforms substantially to the 12/3/201.9 Conditional Sketch,Plat Approval.roval. See attached detail. 15. Application prepared by [ ] owner [ ] agent] [ x ] other Oysterponds Holding Company Managing Director. Signature of Preparer Date W V fK x of Tujh!It &oL60 plus- re- -C_ onPgre-sms Summary of Action Taken to Address the Conditional Sketch Plan Approval ;tIon Taken_to-AdAr"s.CondItions.That-Apply-to-alLParcels a. We confirmed that we would use innovative/alternative wastewater treatment systems (I/AOWTS)for Lots 1 through 17 when developed with a residential use, as permitted under SCDHS'Articte 19. b. We started the process to submit the SCDOHS Subdivision applications for each parcel. 2. C-oordinat!QrL,.with.the,.Orient.Fl.rt.D.IstrW.t--We reviewed our Sketch maps with the Orient Fire Chief and have made the changes they required. 3. We-rec-ently recalved-the FInal.Ptatmaps.._n.The maps have been shared with the Professional Engineer who is preparing the Road and Drainage plans.We have received the ND draft plan and expect the remaining parcels to be completed soon. 4. The,,Fjn-a,(,PAat-APPtj.caLtiotis include a table with the 80/60 Conservation Subdivision's calculations for the existing four parcels, including a total for the four parcels combined. 5. Ea.c.h.P.W.Map is titled "80/60 Clustered Conservation Subdivision`Parcel Name' Final Plat". a. Tke-Subdi,.vision,,Rep,o.rt-Tab.te has been removed from the Final Plat maps b. Eackpar-cet.map.,incLudes-a Lot Area Table with the total Lot area for each proposed Lot, unbuiLdable Lands,the area of the right of way in the Lot and square footage of area to be cleared. Each Open Space area will be included in this table. Soul -C la-LU010-Kant...A- P-P.-MY-aLSMAIS a. Platis.fitted-,Tuthill 80/60 Clustered Conservation Subdivision South Dyer Final Plat b. Subdivision Report Table eliminated. c. Lot Area Table added to the plat. Includes Total Lot area, unbuiLdable Lands which includes the 54,985 sq.ft. open space from past set-off to be reflected as unbuiLdabLe Land in the Development Rights To Be Sold parcel and the area of the right of way in each of the tots. d. One Lot relocated from SD to the ND parcel e. The farm stand is in the development area calculations and is attached to the open space area with a dashed Line.The Open Space Area is labeled "Agricultural Development" f. The open space area is labeled"Development Rights To Be Sold Area" g. Building envelopes on each Lot are labelled with the proposed setback distances. h. ROW has been increased to 30'with a hammerhead turnaround between Lots 3 and 4. i. The ROW is divided proportionately between the 4 Lots. Square footage of the right of way is included in the Lot Area Table. j. Lot 2 setback moved closer to Trieber k. Lot 2,3 and 4 have 60'front yard setbacks from their western property boundary L. Lots 2,3 and 4 are equitable in size. m.The Road continues to be called Racketts Court. n.A 1 O'wide shoreline access starts at the southern end of the turnaround. SOUTHOLD PLANNING BOAR Subdivision Application Form — Final :Plat Ap►p►roval. APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision North Brown RECEIVED 2. Suffolk CountyTax Ma # 1000-18-3-30.3 2024 p ... 1 3. Hamlet Orient Nanning Boord 4. Street Location Main Road 5. Zoning District R-80 6. Date of Submission 7. Sketch Plan Approval Date 12/3/2019 Conditional Sketch Plan Armroval 8. Preliminary Approval Date N/A fi)r Conservation SLibdivislons 9. Number of Lots Proposed 5 10. Acreage of Open Space/Reserved Area 22,059 11. Affordable Housing Units Proposed N/A 12. Percentage of Affordable Housing N/A 13. If providing less than 20% Moderate Income Family Dwelling Units (MIFDU), please indicate how the property owner intends on satisfying the Affordable Housing requirement pursuant to 240-10 B(2)(c) of the Town Code. N/A 14. Does the Final Plat conform substantially to the approved Preliminary Plat? The Final Plat conforms substantial) to the 12/3/2019 Conditional Sketch Plat ADDroval. See attached detail. 15. Application prepared by [ ] owner [ ] agent] [ x ] other Signature of Pre parer Date ,p� M � tr oti ng TOW /fir-0.... ,I u atfir-ram o s. A Q _u, iv slCoQ P'ro-g-res- Summary of Action Taken to Address the Conditional Sketch Plan Approval —\-d . T dree . or. 8li►n. T—hat-Ap y- .e.K. a meb 1. A. . :r ve.. . t e..$, .ff+ l + .... + pe ...entot. ee.h..$ r iee ..(SC .S). a. We confirmed that we would use innovative/alternative wastewater treatment systems (I/AOWTS)for Lots 1 through 17 when developed with a residential use, as permitted under SCDHS'Article 19. b. We started the process to submit the SCDOHS Subdivision applications for each parcel. 2. C. .+ .rd ittauo�w itb... . ._ ►r%. . . re. !istf, ...-We reviewed our Sketch maps with the Orient Fire Chief t and have made the changes they required.We will circle back with them now that we have the Final Plat maps. 3. We 't,e.,, . t P. . . ._-, The maps have been shared with the Professional Engineer who is preparing the Road and Drainage plans.We have received the ND draft plan and expect the remaining parcels to be completed soon. 4. The-fifta(Mat Apvtieafi .N ,s include a table with the 80/60 Conservation Subdivision's calculations for the existing four parcels, including a total for the four parcels combined. 5. ..Map is titled "80/60 Clustered Conservation Subdivision`Parcel Name'Final Plat". a. T. .S.u► y .' Re.p rtT . .le-has been removed from the Final Plat maps b. Each... . .r e.L . ►..includes-a Lot Area Table with the total lot area for each proposed lot, unbuildable lands,the area of the right of way in the lot and square footage of area to be cleared. Each Open Space area will be included in this table. Coy.. a. fh.e ..ep. t°y Itoin wide..Par. le: a. Plat is Titled:Tuthill 80/60 Clustered Conservation Subdivision North Brown Final Plat b. The Subdivision Report Table has been deleted from the Plat. c. The Lot Area Table on the plat includes the total lot area,the unbuildable lands, area of the right of way and the clearing limits both as a percentage and square feet. d. The lot lines of Lots 1,2,and 3 have been extended to the northern boundary of the parcel. e. The notation `open space'north of the lots and re-label f. The notation"open space" north of the lots has been removed.This area has been re-tabled`Non-disturbance buffer". g. Building envelopes on each lot show proposed setback distances. h. The 25'access road has been relocated to the west boundary.We are working with the Department of Highwaytransportation Department to determine the best way to handle the curb cuts since the adjacent property has an existing curb cut, but they did not agree with our request to share their curb cut, even though we volunteered to pay for the cost. i. We have shown a 25'right of way(the width of the right of way we relocated from the east side of the property, instead of 30'to save x s.f. of farmed land.We are using a X turnaround design for fire apparatus j. Each of the 5 lots will own 20% of the right of way. k. A common shoreline access will be included in the covenants and restrictions 1. The open space area is tabled as Development Rights To Be Sold Area". m. The maximum square footage to be cleared is shown on each lot. n. The name of the road is North Brown Lane. SOUTHOLD PLANNING BOARD Subdlivision Application Fore — Final Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision South Brown w....- RECE VED ...._. 2. Suffolk County Tax Map # 1000-18-6-17.3 � 0 24 3. Hamlet Orient ,i Planning Board 4. Street Location Narrow River Road 5. Zoning District R-80 and R-200 6. Date of Submission 7. Sketch Plan Approval Date 12/3/2019 Conditional Sketch Plan Approval 8. Preliminary Approval Date N/A for Conservation Subdivisions 9. Number of Lots Proposed One 10. Acreage of Open Space/Reserved Area 24.809 ac. 11. Affordable Housing Units Proposed N/A 12. Percentage of Affordable Housing N/A 13. If providing less than 20% Moderate Income Family Dwelling Units (MIFDU), please indicate how the property owner intends on satisfying the Affordable Housing requirement pursuant to 240-10 B(2)(c) of the Tow Code. N/A 14. Does the Final Plat conform substantially to the approved Preliminary Plat? The Final Plat conforms substantial) to the 12/3/2019 Conditional Sketch Plat A roval. See attached detail. 15. Application prepared by [ ] owner [ ] agent] [ x ] other Signature of Preparer Date 045,/, Tuthill W/O Clustered Conservation Sub.divhwit ..gi�ess Summary of Action Taken to Address the Conditional Sketch Plan Approval SO-Olh-8MM a. The plat is titted:TuthiLt 80/60 Clustered Conservation Subdivision South Brown — Final Plat b. Lot 1 is attached to the open space by replacing the solid Line of the lot with a dashed Line. The area is [abetted as "Development Area". c. The open space area is labelled as "Development Rights to be Sold Area" d. Clearing Limit calculations are not shown since clearing Limits have been waived. e. The Subdivision Report table has been removed from the plat. f. A Lot Area Table is shown on the plat that includes the total Lot area, unbuilabLe Lands, the Development Area without the driveway area, the area of the driveway, and the area of the Development Rights To Be Sold Area. g. The driveway width is 15'. h. Proposed locations of property boundary concrete monuments for the development area are shown. r * :, MAILING ADDRESS: PLANNING BOARD MEMBERS � �" P.O. Box 1179 DONALD J.WILCENSKI Southold NY 11971 �� , ""� Chair � OFFICE LOCATION: JAMES H. RICH III Town Hall Annex � MARTIN SIDORd � 54375 State Route 25 PIERCE RAFFERTY ; (cor. Main Rd. &Youngs Ave.) AMELIA JEALOUS-DANK � Southold, NY Telephone: 631 765-193 S www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 19, 2023 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: Extension of Sketch Plan Approval Proposed Tuthill Conservation Subdivision Located at 21505 Route 25 SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Zoning District: R-80 and R-200 Dear Mr. Tuthill: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, December 18, 2023: WHEREAS, this proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield among the four parcels pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7-acre private right-of-way and 15.6 acres of preserved open space inclusive of 6 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5-acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3-acre Tuthill Conservation Subdivision Page 12 December 19 2023 private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acres of unbuildable lands; and WHEREAS, on July 3, 2014 the agent submitted a Sketch Plan Application and fee in the amount of$500.00 with other required materials for submission pursuant to Article V Sketch Plat Review; and WHEREAS, on December 2, 2019 the Southold Town Planning Board granted Conditional Sketch Plan Approval upon the maps entitled: • Sketch Plan North Dyer dated as last revised April 3, 2013, • Sketch Plan South Dyer dated April 1, 2011, • Sketch Plan of North Brown dated October 22, 2013, • Sketch Plan of South Brown dated as last revised April 2, 2013; and WHEREAS, Conditional Sketch Approval, granted by the Planning Board on December 31, 2020, is set to expire pursuant to Article V. Sketch Plat Review§ 240-14. Expiration of the Southold Town Code; and WHERAS the applicant has requested a one-year extension of time to file the Final Plat, citing difficulty in South Dyer title search findings translated into an updated accurate tax map and obtaining agreement with neighbors regarding respective ownership, rights of way and maintenance responsibility over Racketts Court. In addition, they have not been able to obtain the required Final Plat maps; therefore be it RESOLVED, that the Southold Town Planning Board grants an extension of time to file the Final Plat Application from December 16 2023 to December 31 2024, The applicant is advised that a public hearing and additional design changes may be required prior to Final Plat Approval. The next step in the subdivision application process is to file a Final Plat application. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respe tf'uL'120- ll Donald J. Wilcenski Chairman From: Carol Tuthill <cbtuthill@hotmail.com> Sent: Monday,December 11,2023 1:55 PM To: Terry,Mark Cc: Carol Tuthill;casey mulligan;Elizabeth Tuthill;julia tuthill;Kate Tuthill;Kosta Bozzuto;Martha Tuthill;Ruth Tuthill;Tom Quinn; Tyler Burrage;Michaelis,Jessica;carolyntuthill@gmail.com;John Tuthill;lbtuthi1188@gmail.com;tuthillsm@gmail.com;Jason Tuthill Subject: Request for Extension to submit our Final Plat Application Psi H M (RECEIVED DEC 12 2023 Hi Mark, t o `ow I hope you had a Happy Thanksgiving. Planning Board 1 wish I were writing to tell you we were about to submit our Final Plat Application, but unfortunately, we need to request an extension. We received all the maps from Nathan in late October, and were then able to give them to John Condon, our professional Engineer.John felt he could finish the work he needed to provide in time to meet our December 31, 2023 deadline. He told us he needed to wrap up a few other underway projects in November, and then he would work on our project beginning December. I left email and/or phone messages for John last week and left a voice mail message for him today. Since he hasn't updated me or responded to my messages, I think it is unrealistic that he will give us the material we need to submit our application before December 31. 1 apologize for needing to request a further extension. Our family has been working diligently for this past year to get the completed drawings from Nathan, and to get the maps and background materials to John so they could complete their work. Various family members have provided material to facilitate the work our professionals needed to do, i.e. draft maps/application, charts, illustrations, and summaries of the specific work and format needed to address the conditions specified in the two Conditional Sketch Plan Approvals that were issued. We know our Subdivision Application has been a long process starting with our initial Sketch Plan Application submitted in 2014. We are very eager to wrap this up, and imagine you feel the same way. Would it be possible to submit something for the December 18 Planning Board meeting to Request an extension? It is hard for me to know how long an extension we will need, because we have little control over the work schedules of our professional and we know they have many other projects beyond ours that compete for their attention. I'd like to say we could get things completed with a 6-month extension, but I'd rather ask for 12 months, with the understanding that we will do everything in our power to beat the 12 month deadline . We appreciate the understanding and on-going support you and the Planning Board have provided us. Sincerely, Carol Tuthill, on behalf of the Tuthill Oysterponds Holding Company ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Property Owners of Rackett's Court- Orient, NY George and Jayne Cavagnaro PO Box 298, 265 Rackett's Court, Orient NY 11971 gcavagnaro@gmail.com Peter and Irene Treiber 405 Rackett's Court, Orient NY 11971 pstreiber@gmail.com Susan Grella 22040 Main Road, Orient NY 11971 susangrella5 @gmail.com September 18, 2023 Ms. Heather Lanza, Director and Planning Board Members Town of Southold Planning Department Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold, NY 11971 Via Email: heather.lanza@town.southold.ny.us mark.terry@town.southold.ny.us Re: Proposed Tuthill Conservation Subdivision 21505 Rt. 253 21070 Rt 253 26975 Rt. 253 7685 Narrow River Rd., 8070 Narrow River Rd.-Orient SCTM # 1000-17-4-16,17-6-14.23 18-3-30.31 18-6-17.33 18-6-18.1 Dear Director Lanza and Board Members: The following is an update to our prior submission dated September 8, 20211 that objected to the Applicant's proposal (Visio Map concept drawing) to amend the current application changing the access to the proposed South Dyer subdivision from the existing road off of Rt 25-Main Road ("Farm Road") as shown on the approved conditional sketch dated April 2011, with the understanding that the Planning Dept. subsequently directed the Applicant to reduce/relocate the building lots from 5 lots to 4 lots for the proposed South Dyer plan. 1 See Appendix 1 September 18, 2023 Page 2 The proposed change of access from Farm Road to Rackett's Court is not viable, and has serious negative impacts on us as existing residential property owners. In short, the Applicant's attorney concedes that we own half the road; the Applicant proposes to utilize our property to satisfy their proposed subdivision obligations. 2 As owners, in part, of Rackett's Court, we do not consent to this modified application or any subdivision improvements being located on our property. Furthermore, we have no maintenance agreement and cannot be compelled to sign one and do not intend to sign one for this purpose. This updated submission: • Summarizes our correspondence with the Applicant and their legal counsel; • Provides an analysis of the Farm Road vs. Rackett's Court access to the 4 building lot configuration (based on a more defined visualization, compared to the concept drawing by the Applicant) that properly considers the required Subdivision and Town regulations; • Supports the strong conclusion that the Farm Road access route is the best and only alternative, providing sufficient benefits to the Applicant as developer and satisfies the concerns of Rackett's Court resident owners. Correspondence with Applicant3 In an effort to understand the justification for a Rackett's Court access, we took the initiative to reach out to the Applicant's legal counsel. Between October 2021 and March 2023, we have had two, in-person meetings and multiple email and memorandum exchanges. To date, there remains no good reason nor any benefit to the proposed Rackett's Court access scenario. No maintenance agreement exists at this time. Analysis of South Dyer Subdivision Access In August 2022, we took the initiative, at our own expense, engaged a planning professional, Equity Environmental Engineering, to analyze the two scenarios for access to the South Dyer subdivision, as the Applicant was not forthcoming with a detailed visualization that could be property evaluated. 2 See Appendix—Finnegan Title Report Summary 3 See highlights in Appendix 2 September 18, 2023 Page 3 The full report presented in the Appendix provides an analysis of the South Dyer Section (SCTM# 1000 — 17- 04 — 14.2) in relation to overall Tuthill Conservation Subdivision under consideration by the Town of Southold Planning Department.4 The more defined visualizations recognize the maximum development potential associated with each of the sections (South Dyer, South Brown, North Dyer, North Brown) of the overall proposed Tuthill Conservation Subdivision plan. The technical memorandum prepared by Equity Environmental Engineering concluded that: • The Applicant's proposed Rackett's Court access plan for South Dyer is problematic on many levels and impacts both the residential owners of Rackett's Court and the existing aquaculture operation situated within the conservation area of South Dyer. • The "Farm Road" access option to the South Dyer section offers the most reasonable solution, allowing for direct access to Main Road by commercial vehicles associated with the aquaculture operation. At present, commercial vehicles avoid the "farm road" to access Main Road and the use of Rackett's Court via the Applicant's private property driveway. This activity is well documented with year-round photos, and negatively impacts residents of Rackett's Court. The aquaculture operation and planning for its growth is a critical component of the South Dyer Plan. • This Farm Road approach provides both compliant access via a mapped street to the four proposed lots, while at the same time improving the "farm road" for existing and future aquaculture uses. This approach avoids uncessary distrurbance of Rackett's Court for utility and road improvements and eliminates the possibility of taking a portion of Lot 8 for this improvement. Potential impact on mature trees is also a concern. • The new building lots are within the Village of Orient Historic District and will be subject to the approval by the Town Historic Preservation Commission. • All plans provide for lot sizes that are larger than their adjacent neighbors and the resulting building envelope and lot coverage associated with R-80 zoning regulations allows for the development of a large home on lots that all exceed 1/2 acre in size with associated structures. It is expected that any approvals will represent the contextual objectives reflected in the Town Comprehensive plan and the Village of Orient Historic District. 4 See Full Technical Report in Appendix 3 September 18, 2023 Page 4 • The "Farm Road" access approach provides for highly marketable new building lots that will enjoy the most iconic, high quality, scenic view recognized by the entire community and beyond. To reiterate, as owners, in part, of Rackett's Court, we do not consent to this modified application or any subdivision improvements being located on our property. Furthermore, we have no maintenance agreement and cannot be compelled to sign one and do not intend to sign one for this purpose. Thank you very much for your consideration and attention to this matter. Respectfully submitted, Rackett's Court Owners Cavagnaro, Trieber, & Grella cc.-Via Email Carol Tuthill Applicant Lyle Tuthill Applicant Jason Tuthill Applicant Julia Tuthill Applicant Reginald and Ruth Tuthill Applicant Martin Finnegan Applicant's Attorney Scott Russell Town Supervisor Members of Town Board Members of Town Trustees Paul DeChance Town Attorney Mike Verity Town Building Dept Daniel J. Goodwin Town Highways Fred Visser Town Fire Marshal Michael Collins Town Engineer Leslie Kanes Weisman Town ZBA Mariella Ostroski Town H PC Norman "Sam" McCullough Town LPC Beth Cumming NYS Parks Rec. Historic Pres. Barbara Friedman Orient Association Stephen Rotel la Oysterponds Historical Society 4 APPENDIX Submission — September 8, 2021 s George and Jayne Cavagnaro PO Box 298 ♦ Orient NY 11971 gcavagnaro@gmail.com ♦ 678-640-0584 September 8, 2021 Ms. Heather Lanza, Director and Planning Board Members Town of Southold Planning Department Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold, NY 11971 Via Email: heather.lanza@town.southold.ny.us mark.terry a@town.southold.ny.us Re: Proposed Tuthill Conservation Subdivision 21505 Rt. 25, 21070 Rt 25, 26975 Rt. 257 7685 Narrow River Rd., 8070 Narrow River Rd.-Orient SCTM # 1000-17-4-16,17-6-14.2, 18-3-30.3, 18-6-17.31 18-6-18.1 Dear Director Lanza and Board Members: The following serves to formalize my recent emails to date to Ms. Lanza and Mr. Terry to seek clarification and participation in the approval process. As mentioned, we recently purchased the residential property at 265 Rackett's Court, which is directly impacted by the proposed plan for the "South Dyer" section of the Tuthill subdivisions. We reached out to nearby neighbors and they share our concerns. We look forward to becoming an active member of the Orient community for years to come. South Dyer Proposed Plan and Redesign 2 We understand that the last Planning Department plan (conditional sketch) approval for South Dyer is represented by the map dated April 2011, a 5-lot configuration; however, subsequent agency input, Planning Dept monthly meetings, public comment and Applicant input suggests that a 4-lot configuration, along with specified modifications as per the June 21, 2021 meeting notes, is expected on the upcoming Final Plat submission 1 Town Records/Laserfische: Town Of Southold Planning Department Applications Conservation Subdivision Pending 1000-17.4-16 Tuthill Conservation Subdivision 2 An Appendix containing selected pages from documents mentioned in this letter was prepared and is available upon request. 1 September 8, 2021 Page 2 We also understand that the Applicant has submitted draft concept diagrams that reduces 5 lots to 4 lots, provides for small lot sizes, and relocates the South Dyer access from a point just west of 21920 Route 25, Orient (Taxlot 1000-17-6-14.3) to Rackett's Court to the east, the sole entry point to the 4 new lots. This new concept, still to be shown in detail, anticipates the redesign, enlargement, and extension of the ROW to satisfy highway and fire department requirements. The June 21, 2021 meeting notes suggest that the relocation of the access road has been reviewed and is considered acceptable; however, there is no evidence of this in the available files. This significant and more complex change from the original requires rigorous evaluation, both in concept and in detail format, as the thinking behind this idea is not readily available or understandable. ea Lot I a 1,4W f � 1 ! V y I � Lot 2 ._ F 3 Lot Lot 4 3 SqIt r South Dyer Conditional Sketch Approval Concept Diagram Dec. 3, 2019 March 21 2021 2 September 8, 2021 Page 3 South Dyer — In Design As the Planning Department guides the Applicant toward a workable Final Plat plan, particularly for the South Dyer section, there are key issues that must be addressed: Buildable Areas, Setbacks & MaximizingOpen (Scenic) Space. As noted in my email, there is an inconsistency regarding the setback guidelines to be applied specifically to the South Dyer lots, adjacent to the most significant, iconic and historic scenic view. The DEIS (Fitzgerald Visual Impact Study) and the EIS Final Statement— Sept 2019 recognize the high scenic value of the NYS Route 25 View Shed I NYS Scenic Byway Designation I Orient Harbor, requiring every mitigation and preservation effort. Therefore, it is stated that the South Dyer lots should use the R-80 (not R-40) setback and other requirements to define new construction along with Southold Town Historic Preservation Commission (HPC) and NYS Parks Recreation & Historic Preservation (NYSORPHP) review and approval. In contrast, the Planning Dept Meeting Notes dated June 21, 2021, recommends to the Applicant to apply R-40 setbacks to the South Dyer lots. This needs to be corrected immediately, as the Applicant's South Dyer design modification is underway. South Dyer Lot Configuration, Access, Rackett's Court Problematic Lot 1: The creation of this rectangular-shaped lot is at risk for becoming a property containing an inherent "hardship" once setback requirements are applied. The narrowness of the buildable area would justify the granting of a variance seeking to modify setbacks, allowing a larger building footprint and diminished open space, negating the goals and objectives stated for future development of the South Dyer parcels. Alternative Design of Lot 1 could include redistributing (in part or in whole) the lot area of Lot 1 to: a) the remaining 3 lots, or 2) assigning it to the conservation area, or 3) amending the lot area of the Applicant's property located at 21920 Route 25, Orient (TaxIot 1000-17-6-14.3) adjacent to Lot 1 to the north. 3 September 8, 2021 Page 4 Access to Building Lots 1,2,3,4: Except for the Applicant's recent concept diagram submission (March 2021), access to the new parcels in the South Dyer section either overlaps or parallels the existing 10 -+ foot wide dirt road that connects Route 25 to the aquaculture operation at the waterfront. . I r I R Lf ILA N T gww 'sl 1 a M •".Y .0 -i..'i l.v .:. •..fit e I i. Maintaining the South Dyer access point as originally conceived has many more benefits compared to relocating and enlarging/extending Rackett's Court: • The current access route exists today and can easily be utilized/repurposed and shared. Additionally, the new installation of an 8 foot high deer fence that now defines the eastern edge of conservation area acts as a strong visual boundary, clearly separating the agricultural area from the proposed new construction for South Dyer. 4 September 8, 2021 Page 5 • The South Dyer clustering to the eastern portion of Lot 14.2 reflects the trade — existing rural open space for proposed 4 new building lots. Improving the existing dirt road to accommodate access to the 4 lots does not change its current use or traffic flow, as the trucks for the aquaculture operation are active. Moreover, the improvement of the existing access road could maintain its lower grade level as it abuts the farm fencing in order to hide the vehicle(s) movement from the Route 25 view eastward. • The private road exists now and can easily be improved to satisfy highway and fire department requirements, and provide a direct route for new utility lines and other infrastructure needed to support new construction. • Improving the existing dirt road is the most direct route for emergency services not only to the proposed new residential lots, but also to the waterfront. • The R-80 district guideline for a front yard setback of 60 feet provides sufficient space to accommodate private vehicle parking. No on-street parking necessary. • No need to reconstruct and enlarge Rackett's Court, negatively impacting existing property owners, including on-going residential and utility construction disruptions, long-term parking and traffic impacts, greater road maintenance expense and more. Moreover, the unnecessary creation of flag lots (as per Applicant's concept diagram) and additional design challenges expected if concept diagram is fully detailed generates more difficult plan when a clear alternative exists. In sum, there is no justification for a proposed Rackett's Court access for South Dyer's new building lots. Rackett's Court ROW Title Search: As directed by Ms. Lanza, I await the upload to the digital folder that is represented by attachments referenced in the Julia Tuthill email dated February 9, 2021. A detailed title search was performed and evaluated by the Applicant's attorney; however, the actual documents and any correspondence from the Town attorney relating to the rights and/or participation of the property owners who share the ROW is not readily available to view. This information is important for Rackett's Court owners, especially as detailed South Dyer design for the Final Plat submission is underway. Any proposed changes to Rackett's Court should reflect a collaboration and a best approach that balances the goals of the conservation subdivision and the many interests that would be impacted by it. 5 September 8, 2021 Page 6 Covenants, Restrictions & Maintenance Agreements It is not pre-mature to consider the items that should be addressed in the Applicant's drafting of the Covenants & Restrictions, Easements and Maintenance Agreements associated with the Tuthill Subdivision. As design modifications are expected with the upcoming Final Plat, consideration should be given to how design will inform these key documents. Furthermore, the detailed customization of these documents to the proposed subdivision must be carefully crafted by the Applicant and reviewed by the Planning Board. They should not be treated as "boiler-plate". The Planning Board, as an advocate for the impacted individuals and the larger community, must ensure that these documents provide a level of confidence that implementation and enforcement will be strict and rigorous in defending the goals and objectives of the final approved subdivision. Thank you very much for your consideration. Respectfully submitted, George and Jayne Cavagnaro cc.-Via Email Carol Tuthill Applicant Lyle Tuthill Applicant Jason Tuthill Applicant Julia Tuthill Applicant Reginald and Ruth Tuthill Applicant Martin Finnegan Applicant's Attorney Scott Russell Town Supervisor Bill Duffy Town Attorney Mike Verity Town Building Dept Vincent Orlando Town Highways James Easton Town Fire Marshal Michael Collins Town Engineer Leslie Kanes Weisman Town ZBA Mariella Ostroski Town H PC Melissa Spiro Town Land Preservation Beth Cumming NYS Parks Rec. Historic Pres. 6 APPENDIX Applicant's Attorney — Title Report Summary — January 21, 2022 FINNEGAN LAW P.C. MEMORANDUM To: Barbara Cohen From: Martin Finnegan, Esq. Date: January 21, 2022 Subject: Racketts Court and Tuthill Conservation Subdivision Further to our discussion, this provides the history and context of the South Dyer Property(Tax Id 14.1 ) and Racketts Court which I hope will answer some of the questions recently raised by the Treiber, Cavagnaro and Rodriguez families. We have conducted extensive research into the history of Racketts Court and the respective ownership interests of the neighboring landowners which we would like to share with you in the hope that this information will lead to a productive and mutually beneficial dialogue. The South Dyer parcel was historically 2 separate parcels: PARCEL 1 THE FARM- The Creek Road and farmland to the WEST. This parcel was purchased by their heir, Caleb Dyer in 1886 from William Seward and has been used for farming and fishing since that time. They intend to keep it this way. PARCEL 2 THE RESIDENTIAL RACKETTS COURT PARCEL- Land EAST of the CREEK Road accessed exclusively from Racketts Court. This parcel was purchased by Charlotte Dyer (Caleb's wife) in 1903 from Elisha Rackett/heirs with the residential vision and plan for Racketts Court to connect to Skippers lane via a ROW in the 1903 deed. Charlotte Dyer executed on this residential vision moving a house to the West side of Racketts Court—1904 (now Tax id 14.3) and selling a house lot in 1905 (now Treiber Lot Tax id .8) with an extension of Racketts Court both the ownership to the center line and ROW over all to access this new lot and future lots to the south in keeping with the residential vision. Note: These 2 separate parcels remained separate with the same Dyer/Tuthill family ownership until the establishment of the Tax ID system in Southold Town in the 1970's. At that time both parcels were assigned a single Tax Id (14.1)because of the single owner. The historical deeds were not researched in this process which would have led to separate Tax Ids. Also note that Parcel is in the Historic Residential District and Parcel 1 is not. 1 Zvi) —ILAO Ar 00 FWD LI 4A AK St e Itip 72 1 IP ota, 00 � f The original South Dyer Conservation Subdivsion Application did not reflect the Racketts Court Access because the Deed research that verified what their Grandfather John Tuthill told them about owning the western 50% of Racketts Court to the center line with ROW over all Racketts court had not been completed. By way of background, the Dyer family and heirs (the Tuthill Family) have lived on Racketts Court since 1903 and it has been the sole access to yours and their property since it was created in 1885. Specifically, Charlotte Dyer purchased the Western half of Racketts court and the adjacent property to the west and south from Elisha S. Rackett/heirs in 1903. Elisha S. Rackett created Racketts Court in 1885 via a shared ownership agreement (50%150%) with Charles N Franklin who purchased the adjacent property to the East from Rackett in 1882 (now Rodriguez and Cavagnaro properties). The 1885 Agreement outlined a "3 Rods Road" (49.5ft width (3 Rods) and 289.5 ft length (17Rod 9ft)) from the Main Road(Kings Highway) southward with ownership to the center line. Racketts Court was extended in 1905 an additional 147 ft southward when Charlotte Dyer sold a lot (now Treiber lot) with ownership to the centerline of Racketts court on the East side and maintained ownership on the West side, with a shared Right of Way over all Racketts Court 49.5ft in width and 435ft in length from the southern boundary to the Main Road for use by both families and any future development south of the Treiber lot which was still owned by Charlotte Dyer. 2 Racketts Court is the sole access to the Treiber, Cavagnaro and Tuthill properties. Tax parcel 1000-017-06-9.2 (now Susan Rodriquez's home) thas had access from the Main Road since 1978 when it was made a separate lot from Tax parcel 1000-017-06-9.1 (now Cavagnaro home which was the garage). This is because at the time Racketts Court as private road supported 4 lots: 1) Lot 9.1 now Cavagnaro house, 2) Lot 8 now Treiber house, 3)Lot 14.3 now Tuthill house, 4) Lot 14.2 now Tuthill parcel with an well point establish on Southold Town record for at least one additional lot just south of lot 14.3. At the Tuthill's request, Chicago Title Company, led by Sandra Goleski and I have confirmed through title and deed searches of all properties adjacent to Racketts Court that each lot has individual ownership of Racketts Court to the center line from our adjacent properties and shared Right of Way over the full 49.5 ft width to the Main Road from the Southern boundaries of each of the property lines. A visual color coded map of the ownership of Racketts Court based on the deed research is below. IVX ID ,SAP - d l ,. N a 4 i t IN cajo -r.4 l i twit) yy J{■ low 1 it 14441), low ar) sovfik LILTIr of Way �X *' 12 cI l l ww '! ix d44^ , VW(V F%L s� P`'' . `' r } '. A 4 This ownership information is confirmed by the attached Deed/Title Search done by Chicago Title. See Attachment 1 Also attached is a color coded depiction/summary of the Deed History of Racketts Court which is illustrative of how, Elisha Rackett, the original owner of the whole Parcel conveyed it out. See Attachment 2. Our research of the available Town and County land records has revealed the Racketts Court is comprised of the parcel identified on the Suffolk County Tax Map as 1000-017-06-007 together with Right of Way over a strip of land on Tax parcel 1000-017-06-8 that is 24.75 ft by 147ft 3 length on that parcel's Western boundary. The ownership of Racketts Court(007) is designated in County Records as "multiple owners" and in Town records as "unknown owners" with an unpaid tax bill annually of<$100. ROAD MAINTENANCE AND SUBDIVSION ACCESS Racketts Court was historically maintained by neighborly collaboration led by John Dyer from 1904-1965 and John Tuthill, who led improvements and maintenance while he lived there from 1965-2005. Since that time all lots except the Tuthill's have changed owners. Setting aside the the pending Conservation Subdivision Application, it is my recommendation that all parties consider entering into a Road Ownership and Maintenance Agreement that would clarify and confirm respective ownership interests and rights over each portion of Racketts Court and establish an equitable arrangement for the use and future maintenance of the road to ensure that all families have adequate access and liability protection. The ongoing and upcoming improvements/construction on the Cavagnaro and Treiber properties that enhance the neighborhood further support the need for an Ownership and Maintenance Agreement. The Conservation Subdivision application is moving toward Final Plat with Southold Town. As you are aware, Conservation subdivisions focus on preserving open space with clustered building lots, in addition to using existing Rights of Way whenever possible. The application has 4 building lots with Racketts Court as the proposed access Right of Way in keeping with the historical intended access to this parcel and with the environmental, safety and planning guidelines for Conservation Subdivisions in Southold Town. The Southold Town code calls for the Right of Way to be 30ft with a 24 ft load bearing surface, a turnaround for fire apparatus and proper drainage. If an agreement can be reached with their Racketts Court neighbors on the proposed access, when the Conservation Subdivision application is approved by the Southold Town Planning Board, the Tuthill Family would agree to pay for the improvement of Racketts Court to meet the Southold Town Code with the agreement that future maintenance costs be shared by the owners. 4 APPENDIX Technical Memorandum — August 2022 Equity Environmental Engineering equity environmental engineering q Y 9 9 WORKING TOGETHER TO DESIGN SOLUTIONS MEMORANDUM Date: August 29, 2022 To: Barbara J. Cohen Real Estate & Planning Consultant On behalf of Rackett's Court Property Owners (265 Rackett's Court; 405 Rackett's Court;22040 Main Road) Re: Proposed Tuthill Conservation Subdivision-South Dyer Section Orient NY The following interim memorandum provides an analysis of the South Dyer Section (SCTM# 1000— 17- 04— 14.2) in relation to overall Tuthill Conservation Subdivision under consideration by the Town of Southold Planning Department. We reviewed the Applicant's concept diagram that proposes the use of Rackett's Court to access four (4) new tax lots proposed for the South Dyer Section. In seeking a fuller understanding of the Applicant's approach, the first task was to translate the Applicant's concept plan to a more defined visualization represented by a draft plat plan that properly considers the required land development regulations under local ordinance related subdivision, enlargement of Rackett's Court, and the legalization of that private road for access; including mail, emergency services, basic circulation, utility connectivity or the burdens of enlargement and maintenance on Rackett's Court owners. In assessing the impacts associated with the Applicant's proposed Rackett's Court access plan,we developed a four-lot subdivision that utilizes and improves the existing dirt road off of Rt 25 - Main Road ("'Farm Road'),just west of Lot 14.3 (21920 Main Road) for access. This access route not only serves the four new building lots, but also provides direct access to Main Road by the very active aquaculture operation located at the water's edge, within the South Dyer section. Moreover, the more defined visualizations recognize the maximum development potential associated with each of the sections (South Dyer, South Brown, North Dyer, North Brown) of the overall proposed Tuthill Conservation Subdivision plan. equity environmentaF engineering 500 International Drive I Suite 150 1 Mount Olive, NJ 07828 4 World Trade Center 1 150 Greenwich St I Suite 2963 1 New York,NY 10007 www.equitVenvironmental.com South Dyer Plat Analysis August 29, 2022 Tuthill Conservation Subdivision—South Dyer Section Development Limits&Design Constraints Final plats prepared by a licensed professional reflecting the various changes in each section have not been submitted by the Applicant. Therefore, we used the following guidelines and variance thereof to define the development potential for the South Dyer section: Table 1: South Dyer Conservation Subdivision Development Yield Total Area 35.3 Acres Building Area 19.43 Acres Preserved Area (80%) 12.52 Acres Buildable Area (20%) 3.9 Acres Total Buildable area 169,884 SF Farm-Stand 21,743 SF Net Remaining Allowable Development Potential in SD 148,141 1 SF Table 2: R-80 Zoning District R-80 Minimum requirements for 1-family detached Dwellings: Lot size, SF 80,000 Lot width, Ft 175 Lot Depth, Ft 250 Front yard, Ft 60 Primary Front yard, Ft 60 Secondary front yard, Ft 40 Side yard, Ft 20 Both side yards, Ft 45 Rear Yards, Ft 75 Livable floor area (SF per dwelling) 850 Maximum permitted dimensions: Lot coverage (%) 20 Building height, Ft 35 Number of stories 2.5 The 169,884-sf development potential was considered with reference to the applicable Town of Southold Bulk Schedule for R-80, as the Planning Department directed the Applicant to apply R- 80 setback requirements to South Dyer lots as outlined in the DEIS and Findings Statement. Also of note, is that subsequent to the approved Conditional Sketch approval plan prepared by the surveyor, the Applicant sold .25 acres within the South Brown section, reducing the overall development potential and increasing the constraints on the development of the South Dyer section. It is expected that the final plats will update the development area allocations for all 2 1 Page South Dyer Plat Analysis August 29, 2022 sections. In addition to the four building lots,the buildable area calculation for South Dyer must include the farm stand area (21,743-sf) and the areas reflecting new road improvements - combined not to exceed approximately 169,884-sf. As shown in Table 1, when considering the farm stand area, a net development yield of 148,141-sf is available for the South Dyer section. As noted in the LWRP letter dated May 25, 2021, "The South Dyer parcel offers the highest quality scenic value to the public and has been identified as important to the community and New York State." Towards maintaining this iconic view at South Dyer,the number of lots were reduced from five lots to four lots and the application of R-80 zoning district setback regulations (see Table 2) to the building lots is supported by the revised DEIS and confirmed by the Planning Department. Lastly,the LWRP letter as well as the Applicant suggest that where possible,the width and design of new roadways should be minimized while satisfying the highway department and EMS agency requirements. It should be noted however, under the existing 30-ft roadway requirement as stated in communication by the Town of Southold,would result in encroachment on Lot 8 to fulfill this width requirement as the current Rackett's Court boundary narrows to 25-feet at the portion fronting Lot 8. Figure 1 below shows the existing tax lots and ownership of those lots adjacent to the South Dyer track and adjacent to Rackett's Court. 3 1 Page N N bA N ca O _ � all N " s � , f C lei# /61 1 61 V � e e Ld it oc a 0 +� L O ca CL ca s GJ _ ov vT - O ca i � O .t LM O ai a O � `' :3 J J ~ •� 0 CL m a) tao ca 4n N., -0 M L- � 4-1 L u — '0 0 O o L) 4-J Li V) N bio ro Lo- _ Ln Or M1 .4 \;CAI I 4—' I:rtyl Wyyk�'' 4A A ' I'•. — vl I T 21 V, ��1 A`L�,. ��•A••. {] ��'{� s _ + �4 ��AAA •\ �.?'� �e--?-I~'f r'Lf!—_ -J 'II—�_ f '} tip.\A'``\i��` yrs• r~ p—.J V Il`F9 PA II Imrz *�i �� 5 T ' i NI •C J�tl fS iI Z S — a a� �I V V s T I 4-1 7. W m Vf -, O I O .sJ.� s,'Y ii ^ J f - Y w I �+ r� V 7 1 R f •� � ��_� - � 4 f ear : CL rlr � I �, Ics—:R Y — � -� —��yrk •3 ,' ��f�I~ � v_ . r J `_I 'r , -- Fa .�fi-=s 413�— �IIC��+P=i I � � �•,. `�+ IJ £ L ,i � � --d1,fir_— � 4 �r... * __ ���r✓� I� L' *I _ _ 5 r -I I—� � i'II f� I - 5 [/Jf . ` � ��'�LL I�• e e f �! • JJ su i�'� IIY �4y. �I II,I' , s I i'YII JJrj r< ry Al 5 I - 1 r O ' v South Dyer Plat Analysis August 29, 2022 Table 3: Applicant Concept Drawing— Rackett's Court— Flag Lot Driveways Lots 1-4-Farm Road Access Lot 1 Lot 2 Lot 3 Lot 4 Total Lot Front-LF X X X X Lot Depth-LF X X X X Lot Size-SF 30,468 35,396 36,434 40,047 142,345 Bldg Envelope Front-LF X X X X Bldg Envelope Depth-LF X X X X Bldg Envelope Size-SF 10,384 111481 111734 11,973 At 20%Lot Coverage-Bldg Footprint SF 6,097 7,079 71287 8,009 X-not shown on applicant proposal Average Lot SF 35,586 Average Buildable Envelope SF X At 20%Lot Coverage-Avg.SF 71118 Additional Street frontage for Lot 1 in order to make compliant front/year yards 51136 Farm Stand-Main Road-SF 21,743 Grand Total Development SF 169,224 Applicant Subdivision Plan Evaluation As noted above, the Applicant's Proposed Subdivision concept diagram (shown in Figure 2) and as defined in Table 3, does not fully present detailed dimensions. We do note that Lot 1, which is assumed to be accessed from a new road area (shown in yellow), incorrectly indicates a front yard setback of 75 feet and a rear yard setback of 60 feet. This should be reversed, as the R-80 regulations states front yard setback to be 60 feet with rear yard setback at 75 feet. Rackett's Court is an unmapped/private street defined as Lot 7 and provides access to Lots 14.3, 9.2,9.1 and 8, all of which have user rights over of Rackett's Court. Title search report provided by the Applicant indicates that ownership of Rackett's Court is split at the midline - western half owned by the Applicant and the eastern half shared by the owners of Lots 9.2, 9.1, and 8. Obtaining an agreement among multiple owners is a challenge. As shown in Figure 4 below,the width of Rackett's Court is not uniform at 50-ft.As it approaches Lot 8, the width is reduced to 25 feet. To accommodate any new road area under a Rackett's Court access plan,the owner of Lot 8 would have to agree to modify and reduced the size of their property. 6 1 Page South Dyer Plat Analysis August 29, 2022 Figure 4:Applicant—Rackett's Court Width 1i1G117'OF WA 1't 5.32.34ri."v 19A.55' ® N 57'25'3a"W 24.75' k 32134'40"E 200.00' {. 5 54`30'470"E iHORT OF WAY 2 .-3 0 9 32'34'40-W 148,22, t p N sr25'20'W 24,TS' —4° �] N 32'34'49"E 14156' 1 TarwT OF NAY 3 S 32 3r4'410 W 2Z6.71' 1F1 N 54724'10"W 24•76' LI N 3?A4"A01 f 235.40, w SURVEY OF PROPERTY i I.u] s 57•25'20-€ Z4.75' � _ � � ,SII'tlA TF RvlrhfT OF SPAY 4 - 11 ORIENT 5 3-'t4'4EI�W 140.00' Y TOWN OF SOUTHOLD A`S241Q°W x4.7f3' _ UFFOLK COUNTY, NEW YORK TV 32'34'44'E 138.69' f t 5. TAB{ No. i (}[}—a17-06-47 as s s7• '2a"L 24.#s' . -- , SCALE T"r30' 14JF.HF Of rrar 5 p t�l.• NCVEM9ER 16,2021 5 32'3A'Af3'W7 N 54 24'1fJ"W I4,7A' f AREA=17,905 zq,ft. {1 3213A'40'E 447.OW /f � � � +, ��� �• 0-411 ate. iQ �✓ 5 ff 4 � nlr BIGHT OF WAYS DETAIL > f NOT IN SCALE �-��' � lip l { 000D 0 r7 a1T 4 f Y r4 "tib, ' nREPARFP I ACD{mAmcE.WrrH 1141 uitauum %TAY ARO5 FOR FITLE SJ;P&VS AS LSTPALSHFn W T441 L,IA.LS,AND AF'RDwTM AND A00E'1ED r ICU A�II.i'�W THE NLW'MW TAYL LAND T1rU% NY.5,Lift,No.b0457 C'p FO Ta 6 5URYE^'is hT ATTDN De " Nathan Taft Corwin III FE4TIVN T299 OF THE NL-W 7DRK STAR CDLC""D"LAW land Surveyor COMES a'THIS suRvFY MW HUr OWUNG THE NAI*Si-Fm'O'9R'S IWO sr-hL oN - EW WXS10 SM SeW HQ7 9F MNSUEREG Suceeasal Fay SYrm1c�J.ssk n,Jr.LS. TO BE+�wuap rauE oay._ d4s,4 A."egna CEfffV ATpp,"NWArATm AffwoN SHALL kokl ONLY TO TAE FER`+ON W4 WHUM 111E S,UW,' like Wveyt-SLBd;Y;sion5 5ifff Fm u-CTb19(NCfion 1Dyouf 15 PREPAED,AND CM Hr,9E,oLr Tn THE IME cDY FEPAxf,W*fIOMENTAL M 1-WO Fax(6.1)727-17P7 LENDING INSrTWGI4 LMF.D HEREON,AND PHONE(fi31}727�2D90 TO N£RIC kMONFES OF T LENP4O+`JSI)- afFdCES L�dFLD r17 fi row.AEtrJi�k" TLmch.cEwr-r_ATiDN3 h9E NOT TFANSFiRABLc. P.O.ffox 16 SrL.L&W on.R(W Jamesparl,Na-r York 11941 THE}'�'I$TEMCI 4F R1GMT�F WAYS JomLsptlrL,raeW Yark 1 Sr}47 AND/OR.EASEMENTS OF RE'G1111%IF 4MY,mDT SajowN ARE Nor wjAQANTEE!]_ E-Wnfl KurNln30oclGom -t 7 Page South Dyer Plat Analysis August 29, 2022 Further, the only access to the active, year-round aquaculture operation is the farm road off of Route25-Main Road,just west of Lot 14.3. Due to the unimproved dirt road and the grade drop- off at the Main Road, the trucks currently utilize a driveway (on Lot 14.3) connecting the farm road to Rackett's Court. Residential owners on Rackett's Court are negatively impacted by the commercial traffic associated with the aquaculture operation. See Figure 5, Aerial of Rackett's Court and connection bypass from Farm Road. Figure 5:View of Rackett's Court and Bypass Use of Farm Road to Access Main Rd �Id - r . -�• - 1 A AP A t 100 -r s Of - T ' t 8 Page South Dyer Plat Analysis August 29, 2022 Modified Applicant Proposed Rackett's Court Access Plan To present an accurate visualization of the Applicant's concept plan and correct lot development area yield, we developed this Modified Applicant Proposal as shown in Figure 6 with development yields shown in Table 4 without the problematic flag lot configuration and access to lots 3 and 4. By mapping and extending Rackett's Court through to Lot 4, a corner lot would be created at Lot 1 allowing for the segment of street facing the southern extent of Lot 1 to serve as a front yard and allowing for development of this lot while establishing legal side, front and rear yard under R-80 requirements. Further, a fully extended Rackett's Court was extended to create a mapped street associated with Lots 2, 3, and 4. The Applicant's Proposed Subdivision Plan contemplates a series of novel flag lots with sliver access along each frontage so that a very narrow driveway associated with each lot connects to a T-intersection with Rackett's Court. This flag lot arrangement would create a rare if not completely unique lot configuration in the Town of Southold. In addition, this arrangement could potentially result in the blocking of views of both Lots 2 and 3 by landscaping along the individual driveways. 9 1 Page bio 75 Z 9 N c ro cr, g r ,- i 11:� . H I-- 0 E,- t I- 5!1t -3.25 - E I r 4u ry 2-E fls F a 211 cr a a 6u aj CD q) H ul < JO �2 cc M2 �,.C, F Q- d. T i� Te; 2 cl 4-J Z z rn 0 Ln m 00 44 T-A 0 �lt 0 V) -j Le co LL- m LL 1-0 V) 00 LK 14 t€l Cr - 0-1 Ln m Ln m Lr) WON" 06 e Ln 0 (D Ln OLI 0) a) 0 cr) &6 M Ln I S3 0 0 40 >: z a) (U LLI > V} fr LU -i Ln rA m r-, LD 00 —ft a Ln 17, 0 —i ccl of I r r I I Lai Ln LA Ln (U 41 LL m tLo 66 LL = 41 4.1 LA r-L V C N . ff u w w Lu w w LL. N 4, 2 CL m 41 r all 61p, cli q9t CJ Jf txo Y& (9 cu 0 0 C) c) Lo Ln CD Ln co r- LI) Tr rA Ri r-, Ln ry) rj C:) —1 cq 00 `11 11 . Lo 0 41 14- L V, LL- 4-J < E 3 L.L LL- 73 V) w '73 4- 4-; LL- . L) to LL 3LL. r- LL LA- M L- LL 0 L4-- Jou cu 0) a. (D E 14 E 0 E 0 ID U -.0 2 4�4-1 4-1 a) cu V) 4-j ?v 0 V) South Dyer Plat Analysis August 29, 2022 Table 4: Modified Applicant Proposed Rackett's Court Access Plan Calculations Lots 1-4-Modified Rackett's Ct.Access Only Lot 1 Lot 2 Lot 3 Lot 4 Total Lot Front,LF 129 140 140 140 Lot Depth, LF 232 309 311 315 Lot Size,SF 29,426 35,295 32,057 32,417 129,195 Bldg Envelope Front, LF 83 95 95 95 Bldg Envelope Depth,LF 97 174 176 179 Bldg Envelope Size,SF 71961 81749 81906 91232 20%Lot Coverage,SF 51885 71059 61411 61483 Average Lot SF 32,299 Average Buildable Envelope SF 8,712 At 20%Lot Coverage-Avg.SF 6,460 New Road Surface-SF-Extension Rackett's Ct. 15,900 Farm Stand-Main Road-SF 21,743 Grand Total Development SF 166,838 The purpose for the above "Modified" Applicant Subdivision Plan is to simply make corrections and improvements to the Applicant's Concept Diagram and to apply a more accurate visualization. This "Modified" version is in no way to be considered a viable alternative. The challenges and negative impacts of the proposed Rackett's Court access plan remain. This subdivision plan results in a street network that would permanently direct commercial vehicles related to waterfront aquaculture operations through an improved Rackett's Court. It results in either conversion of Rackett's Court to a public street or a time consuming and complicated negotiation with the four (including the applicant) separate owners of Rackett's Court on an access agreement for the four new additional lots. This would require resolution of liability issues, an agreement on maintenance of right-of-way, and an agreement on right of access. In addition,as noted above—to accommodate any new road area under a Rackett's Court access plan, the owner of Lot 8 would have to agree to modify and reduced the size of their property. Recommended `Farm Road' Access from Route 25-Main Road This recommended subdivision approach, shown in Figure 7, assumes use of `farm road' for access to both the new residential lots and the aquaculture operation to the south. With the improved road surface, commercial trucks would be able to access Main Road without concern for vehicle damage and avoid driving in the field during muddy conditions while avoiding complicated negotiations related to conversion of Rackett's Court from a private to a mapped street (if required) and avoiding the nuisance aspects of added delivery & service vehicles through Rackett's Court. 11 1 Page N N hA N ca 0 N a a s Leas S �LL r 1coJ= {qj 4; a wz r�.�rgd L MENNEN � r. un Cn LL J dG p bra �0 Ll) 0 LN / •\ti \ \ \ CY7 m } r} Lq \,. fl \,\ Ln r u 41'i LO ate-+ ` \ ilk N7NyRLu Ncc•\ s- O I O cu a) ^� to C' v Ln LO a�faa''iaa Suun3_ • - Ln =- LU 10 Ln rLj o 0 �c u Lu Ln Ln Lu El 0 Ln CC un O ° *' LL Lees U. L� E Ln OJ N L6 � 0 � a 2 J� J{{ 8 ��yy U Y4 CA W Q_Y 0) U a �_ � W W • C� 0 Up w� �rj O i 19 19 � �/� } Vim/ 91 r� M14 V {1,GCS� c fM1 19, / Q+ rq h ` V �!" �• � L v� as Ln --+ u +s IDLi- LL ` Q� d L n1 {� O tom. Q 3 +' S4 R7 72 fB _ Q1 p Q }, tG l7} 7 A] t �� � r-1 _) 0 / V/ South Dyer Plat Analysis August 29, 2022 Table 5: "Farm Road"Access Route 25-Main Road Calculations Lots 1-4-Farm Road Access& Entry w/ Lot 1 Lot 2 Lot 3 Lot 4 T-Shape Entry for Lot 1-R80 Zoning Total Lot Front,Ft 129 140 140 140 Lot Depth, Ft 232 197 199 202 Lot Size,SF 29,426 311196 271713 28,073 1161F408 Bldg Envelope Front, Ft 83 92 95 95 Bldg Envelope Depth,Ft 97 61 63 66 Bldg Envelope Size,SF 71961 61058 51995 61227 20%Lot Coverage,SF 51885 61239 51543 5,615 Average Lot SF 29,102 Average Buildable Envelope SF 6,560 At 20%Lot Coverage-Avg.SF 5,820 New Road Surface-SF-Farm Road &T-Shape Entry for Lot 1 Access 31,085 Farm Stand-Main Road-SF 21,743 Grand Total Development SF 169,236 Farm Road access route provides for comparable building envelope and lot sizes, as shown in Table 5, while eliminating the commercial use of Rackett's Court, a private road that was not intended to support commercial traffic or access to additional lots. This approach provides both compliant access via a mapped street to the four proposed lots,while at the same time improving the "farm road" for existing and future aquaculture uses. This approach avoids uncessary distrurbance of Rackett's Court for utility and road improvement and eliminates the possibility of taking a portion of Lot 8 for this improvement. It is again noted, that all calculations are subject to minor reduction related to the removal of.25 acres sold by the Applicant within the South Brown section. Conclusion The Applicant's proposed Rackett's Court access plan for South Dyer is problematic on many levels and impacts both the residential owners of Rackett's Court and the existing aquaculture operation situated within the conservation area of South Dyer. The new building lots are within the Village of Orient Historic District and will be subject to the approval by the Town Historic Preservation Commission. All plans provide for lot sizes that are larger than their adjacent neighbors and the resulting building envelope and lot coverage associated with R-80 zoning regulations allows for the development of a large home on lots that all exceed % acre in size with associated structures. It is expected that any approvals will 13 1 Page South Dyer Plat Analysis August 29, 2022 represent the contextual objectives reflected in the Town Comprehensive plan and the Village of Orient Historic District. The "Farm Road" access option to the South Dyer Section,we believe offers the most reasonable solution to the subdivision of this land, allowing for direct access of commercial vehicles to Main Road while eliminating problematic negotiations of using Rackett's Court for additional vehicular access to the four new lots while potentially enhancing the likelihood of commercial use and avoidance of use of"Farm Road" for aquaculture access. In addition, this approach which results in comparable development yields, provides more certainty in term of land development and access than the concentric flag lot approach proposed by the Applicant. The South Dyer section of the Tuthill Conservation Subdivision is the only section that incorporates two commercial uses (farm stand and aquaculture use). The aquaculture operation and planning for its growth is a critical component of the South Dyer Plan. The current avoidance of "farm road" to access Main Road is well documented with year-round photos, and negatively impacts residents of Rackett's Court. The "Farm Road" Access approach remedies this concern, while providing for highly marketable new building lots that will enjoy the most iconic, high quality, scenic view recognized by the entire community and beyond. Respectfully Submitted, equity environmental engineering Kevin Williams,AICP, PP Managing Director 0: 973.527.7451x301 I C: 917.664.8667 14 1 Page APPENDIX Correspondence with Applicant — Summary and Highlights EMAIL CORRESPONDENCE CAROL TUTHILL-TUTHILL FAMILY REPRESENTATIVE - I MARTIN FINNEGAN- TUTHILL LEGAL COUNSEL I BARBARA J. COHEN-RACKETT'S COURT RESIDENT OWNERS SEPTEMBER 2021 — MAY 2022 Re: Racketts Court vs. Farm Road Barbara Cohen <bjcohen@att.net> To:Martin Finnegan,Carol Tuthill Bcc:Barbara Cohen Tue, May 17, 2022 at 8:51 AM Dear Martin and Carol, I got your concept level drawings for the two alternatives (after digging the email out of spam). We are taking a closer look and will most likely get some professional assistance, as the Visio software is just not the right tool for this kind of work. Have you any feedback from the Highway Dept and others regarding if these approaches meet requirements? Is there a reason why a 33 foot front setback of the lots is shown under the Farm Road scenario? Hope to get back to you with our analysis soon. Thanks. Barbara J. Cohen Real Estate & Planning Consultant BJC Associates, Inc. PO Box 391 New York NY 11958 From: Martin Finnegan <mfinnegan@northfork-legal.com> Date: May 6, 2022 at 1:24:44 PM EDT To: Barbara Cohen <bjcohen@att.net> Cc: Annalise Schweitzer<aschweitzer@northfork-legal.com> Subject: Racketts Court Barbara, I hope you are well. Here are the materials that Carol Tuthill agreed to provide to you at our last meeting. I am working on a draft ownership/maintenance agreement that I will get to you under separate cover. Let me know if you have any questions. EMAIL CORRESPONDENCE 1 1. An overview of the evolution of the size of our SD Lots as new requirements were added and the impact of using the Farm Road instead of Racketts Court (See attached spreadsheet) 2. The Concept Drawing with Racketts Court as the Access 3. The Concept Drawing with The Farm Road as the Access The maps are in PDF format so you can Zoom in more easily to see areas, distances, and setbacks. We have compared the calculations generated using Visio with the Survey maps that were submitted with our Sketch Plan Application. There are no material differences in the numbers. We have used Visio Concept maps in discussions with the Town to make sure we were addressing their requirements and to minimize rework with the surveyor who will eventually prepare the official maps that will be submitted with our Final Plat application. We are not providing a survey map for Racketts Court at this time because some required data was not shown on the map we received and he hasn't finished updating the survey. Regards, Martin MARTIN D. FI N N EGAN, ESQ. FINNEGAN LAW P.C. 13250 Main Road P.O. Box 1452 Mattituck, New York 11952 T 631.315.6070 C 516.298.5384 mfinnegan a,northfork-le_ al.com 2022-5-6 Material Requested by Barbara Cohen.docx 2022-5-5 SD-Racketts Ct Access Map.pdf 2022-5-5 SD-Main Road Access Map.pdf Tuthill Comparison Spreadsheet.xlsx From:Barbara Cohen <bjcohen@att.net> To:Martin Finnegan Cc:Carol Tuthill,Annalise Schweitzer Mon, May 2, 2022 at 9:51 AM Martin/Carol, I am writing to follow-up on our April 8th meeting, as you had promised to send a workable example of how the Rackett's Court access to the new building lots would be configured. Any progress on this? Thanks. Barbara J. Cohen Real Estate & Planning Consultant BJC Associates, Inc. PO Box 391 Peconic NY 11958 EMAIL CORRESPONDENCE 2 On Saturday, March 26, 2022, 12:18:56 PM EDT, Martin Finnegan <mfinnegan@northfork-legal.com> wrote: Barbara, My apologies for the delay in responding. I believe the attached information should address your questions. Have a good weekend. Regards, Martin MARTIN D. FI N N EGAN, ESQ. FINNEGAN LAW P.C. 13250 Main Road P.O. Box 1452 Mattituck, New York 11952 T 631.315.6070 C 516.298.5384 mfinnegan(a�-northfork-le al.com From: Barbara Cohen <bjcohen@att.net> Date: Thursday, March 24, 2022 at 1:59 PM To: Martin Finnegan <mfinnegan@northfork-legal.com> Cc: Carol Tuthill <cbtuthill@hotmail.com>, Annalise Schweitzer <aschweitzer@northfork- legal.com> Subject: Re: Second - Follow-up Discussion - South Dyer Section - Proposed Tuthill Subdivision Ok. confirmed for Friday April 8th at 2 PM. Can you speak to my status question relating to South Dyer plans? Barbara J. Cohen Real Estate & Planning Consultant BJC Associates, Inc. PO Box 1285 New York NY 10156 On Thursday, March 24, 2022, 01:46:27 PM EDT, Martin Finnegan <mfinnegan@northfork-legal.com> wrote: Barbara, My apologies. For whatever reason, your last email went into my spam folder. 4/8 in the afternoon works for me. Let's say 2 pm in my office. EMAIL CORRESPONDENCE 3 Regards, Martin MARTIN D. FI N N EGAN, ESQ. FINNEGAN LAW P.C. 13250 Main Road P.O. Box 1452 Mattituck, New York 11952 T 631.315.6070 C 516.298.5384 mfinnegan(a-northfork-legal.com From: Barbara Cohen <bjcohen@att.net> Date: Thursday, March 24, 2022 at 1:42 PM To: Martin Finnegan <mfinnegan@northfork-legal.com> Cc: Carol Tuthill <cbtuthill@hotmail.com> Subject: Fw: Second - Follow-up Discussion - South Dyer Section - Proposed Tuthill Subdivision Just following up on email sent below. Let me know what works. Thanks Barbara J. Cohen Real Estate & Planning Consultant BJC Associates, Inc. PO Box 391 Peconic NY 11956 917-562-4290 ----- Forwarded Message ----- From: Barbara Cohen <bjcohen@att.net> To: Martin Finnegan <mfinnegan@northfork-legal.com> Cc: Annalise Schweitzer<aschweitzer@northfork-legal.com> Sent: Monday, March 21, 2022, 07:27:38 PM EDT Subject: Re: Second - Follow-up Discussion - South Dyer Section - Proposed Tuthill Subdivision How about April 8th in the afternoon? I will pause and not distribute our position paper until we meet; however, it would be helpful if you can you tell me what has been done regarding plans for South Dyer since we last met? Thanks Barbara J. Cohen Real Estate & Planning Consultant BJC Associates, Inc. PO Box 391 Peconic NY 11958 EMAIL CORRESPONDENCE 4 On Monday, March 21, 2022, 05:55:31 PM EDT, Martin Finnegan <mfinnegan@northfork-legal.com> wrote: Hi Barbara, I apologize for the delay in responding. Can you give me some dates in early April when you would be available for a follow up meeting? Thanks. Regards, Martin MARTIN D. FI N N EGAN, ESQ. FINNEGAN LAW P.C. 13250 Main Road P.O. Box 1452 Mattituck, New York 11952 T 631.315.6070 C 516.298.5384 mfinne_ n(a�-northfork-le__al.com From: Barbara Cohen <bjcohen@att.net> Date: Tuesday, March 8, 2022 at 11:01 AM To: Carol Tuthill <cbtuthill@hotmail.com> Cc: "Ibtuthill@hotmail.com" <Ibtuthill@hotmail.com>, Jason Tuthill <jbtuthill@g mail.com>, julia tuthill <julia@juliatuthill.com>, John Tuthill <jtuthill1 @bloom berg.net>, Ruth Tuthill <regandruth@northfork.net>, George Cav <gcavagnaro@gmail.com>, Martin Finnegan <mfi n negan@northfork-legal.com> Subject: Re: Second - Follow-up Discussion - South Dyer Section - Proposed Tuthill Subdivision Carol/Martin, Can we get a followup meeting on the calendar? Barbara J. Cohen Real Estate & Planning Consultant BJC Associates, Inc. PO Box 391 Peconic NY 11958 On Saturday, February 26, 2022, 09:33:11 AM EST, Carol Tuthill <cbtuthill@hotmail.com> wrote: Hello Barbara, We would like to wait for Martin to set up the next meeting when he returns. We know you have waited a long time to get answers to all your questions and appreciate your continued patience. We believe it is important for all the property owners on Racketts Court to EMAIL CORRESPONDENCE 5 have a clear understanding of the ownership and Right of Ways associated with the use of Racketts Court, and the obligations for maintaining the road. The South Dyer property and the house on the west corner of the Main Road and Racketts Court was owned by our ancestors since 1903. For many years, the ownership of the land, the road which became Racketts Court and Right of Ways over the road was documented in letters, wills and in more recent years, deeds. Maintenance of the road was done with verbal agreements and handshakes. During the 40 years Lyle's Dad lived on the property, he worked with all the neighbors to keep trees trimmed and to keep the roadway in good condition. As things have evolved it's clear that we need a formal agreement so that we all agree on our rights and obligations regarding Racketts Court. We think that formalizing these rights and obligations would be an important first step to eliminate misunderstandings and keep the road in good condition for everyone who uses it as we go forward. It would also help to address some of the questions and suggestions you have raised. Carol From: Barbara Cohen <bjcohen@att.net> Sent: Friday, February 25, 2022 7:45 AM To: Carol Tuthill <cbtuthill@hotmail.com> Cc: Ibtuthill@hotmail.com <Ibtuthill@hotmail.com>; jbtuthill@gmail.com <jbtuthill@gmail.com>; julia@juliatuthill.com <julia@juliatuthill.com>; jtuthill 1 @bloomberg.net <jtuthill1 @bloom berg.net>; regandruth@northfork.net <regandruth@northfork.net>; George Cavaganro <gcavagnaro@g mail.com>; mfinnegan@northfork-legal.com <mfi n negan@northfork-legal.com> Subject: Re: Second - Follow-up Discussion - South Dyer Section - Proposed Tuthill Subdivision Thank you Carol. It is good to hear that the effort to establish a working relationship is not being overlooked. We can wait to hear from Martin F. regarding a followup meeting, but as time marches on and Nathan Corwin and others work to prepare a Final Plat, we need to get a straight forward answer to the questions that have been consistently asked. If you can reply now, that would be good, otherwise we wait for Mr. Finnegan. 1. Is the proposed concept of utilizing Rackett's Court still being considered? 2. If yes, what is the rationale, given multiple challenges and an available alternative? 3. Is Nathan Corwin moving forward with a Final Plat for South Dyer that incorporates Rackett's Court into the South Dyer section of the proposed conservation subdivision? Opportunity to have a full discussion is critical, as we (and I would think the Tuthills as well) would prefer not to have it play out in full force in front of the Planning Dept. Best case is to prepare a submission that is supported by all. Thanks again for keeping the conversation going. EMAIL CORRESPONDENCE 6 Barbara J. Cohen Real Estate & Planning Consultant BJC Associates, Inc. PO Box 391 Peconic NY 11958 917-562-4290 On Thursday, February 24, 2022, 04:24:07 PM EST, Carol Tuthill <cbtuthill@hotmail.com> wrote: Dear Barbara, We continue to be interested in working with our neighbors on our mutual use of Racketts Court and our mutual responsibilities for maintaining this private right of way. We have asked Martin Finnegan to be our point of contact on this just as you are the point of contact for the Cavagnaros and Triebers. Martin is out of town this week and I'm sorry he was not able to connect with you before he left to set up a follow-up meeting. I'm sure he will do this at his earliest opportunity when he returns next week. We appreciate your understanding and continued patience with this process. Carol Tuthill From: Barbara Cohen <bjcohen@att.net> Sent: Thursday, February 24, 2022 9:48 AM To: Carol Tuthill <cbtuthill@hotmail.com> Cc: Ibtuthill@hotmail.com <Ibtuthill@hotmail.com>; jbtuthill@gmail.com <jbtuthill@gmail.com>; julia@juliatuthill.com <julia@juliatuthill.com>; jtuthilll@bloomberg.net <jtuthill1 @bloom berg.net>; regandruth@northfork.net <regandruth@northfork.net>; George Cavaganro <gcavagnaro@g mail.com>; mfinnegan@northfork-legal.com <mfinnegan@northfork-legal.com> Subject: Re: Second - Follow-up Discussion - South Dyer Section - Proposed Tuthill Subdivision Dear All, I am re-sending the below email, as I didn't get a reply. Although we have been given the impression that there is interest and recognized mutual benefit in establishing a working relationship prior to preparing the Final Plat, I am reaching out to confirm this. We have demonstrated much patience since out first email in September 2021. Once Martin F. got settled and we had an initial meeting, I thought we would move forward together, towards the full implementation of the South Dyer plan. I also understand that communications and consensus among the large group takes time. Please let us know how you want to proceed, as we will be preparing a document as to current status and key concerns that directly relate to the new concept of utilizing Rackett's Court as well as the overall vision and expected operations for South Dyer. EMAIL CORRESPONDENCE 7 Thanks very much. Barbara J. Cohen Real Estate & Planning Consultant BJC Associates, Inc. PO Box 391 Peconic NY 11958 917-562-4290 On Thursday, February 10, 2022, 12:47:12 PM EST, Barbara Cohen <bjcohen@att.net> wrote: Dear Martin, Carol et al, I am writing to follow-up on my Jan 21 st meeting with Mr. Finnegan. It was a good start to establishing a working relationship with the resident owners of Rackett's Court and the Tuthill family. Best to connect now, rather than later, after a Final Plat is submitted, devoid of any of input from those most impacted. We seek more meetings to fully understand the reasoning behind the sudden plan change to access the proposed building lots via Rackett's Court as opposed to the improvement of the existing farm road to the west. Neither title search for Rackett's Court nor any other documents provide this answer. In fact, the title search document, along with many other issues of great concern, reinforce the level of complexity and challenges associated with utilizing Rackett's Court and incorporating it into the proposed South Dyer subdivision plan. Please provide a few available dates for another meeting, whether it be Mr. Finnegan as representative alone, or with both Mr. Finnegan and members of the Tuthill family. Thanks very much. Hope to hear from you very soon. Barbara J. Cohen Real Estate & Planning Consultant BJC Associates, Inc. PO Box 391 Peconic NY 11958 917-562-4290 From: Barbara Cohen <bjcohen@att.net> To:Martin Finnegan Cc:Annalise Schweitzer,Carol Tuthill Wed, Aug 24, 2022 at 4:58 PM Once we provide you with the analysis, we can use it as a basis to discuss and hopefully move forward. Thanks for your patience. It will be very soon! EMAIL CORRESPONDENCE 8 Barbara J. Cohen Real Estate & Planning Consultant BJC Associates, Inc. PO Box 391 Peconic NY 11958 On Wednesday, August 24, 2022 at 02:01:29 PM EDT, Martin Finnegan <mfinnegan@northfork.law> wrote: Thank you Barbara. Let me know when you are available to speak or meet. Regards, Martin MARTIN D. FI N N EGAN, ESQ. FINNEGAN LAW P.C. 13250 Main Road P.O. Box 1452 Mattituck, New York 11952 T 631.315.6070 C 516.298.5384 mfinnegan(a,northfork.law PLEASE NOTE MY NEW EMAIL ADDRESS EFFECTIVE 6/9/2022! From: Barbara Cohen <bjcohen@att.net> Date: Wednesday, August 24, 2022 at 10:22 AM To: Martin Finnegan <mfinnegan@northfork.law> Cc: Annalise Schweitzer<aschweitzer@northfork.law>, Carol Tuthill <cbtuthill@hotmail.com> Subject: Re: Rackett's Court Thanks. I will pass along and review and discuss with them. We are finally about to provide you and Carol an analysis of the Visio concept and a modified version, as well as the better farm road alternative by Equity Environmental Engineering. It will assist all parties with improved mapping that can guide next steps. Thanks Barbara J. Cohen Real Estate & Planning Consultant BJC Associates, Inc. PO Box 391 Peconic NY 11958 EMAIL CORRESPONDENCE 9 On Monday, August 22, 2022 at 05:56:34 PM EDT, Martin Finnegan <mfinnegan@northfork.law> wrote: Hi Barbara, I hope all is well with you and that you are enjoying summer. I am attaching a proposed Road Ownership and Maintenance Agreement for you review. I would like to set up a time to meet with you to discuss the agreement after you have the chance to review it with your clients. As we have discussed, this agreement is beneficial to all of the adjacent owners along Rackett's Court so that the parties' respective rights and obligations are memorialized. I look forward to hearing from you. Regards, Martin MARTIN D. FI N N EGAN, ESQ. FINNEGAN LAW P.C. 13250 Main Road P.O. Box 1452 Mattituck, New York 11952 T 631.315.6070 C 516.298.5384 mfinnegan(a,northfork.law Barbara Cohen <bjcohen@att.net> To:Martin Finnegan,Carol Tuthill Cc:Annalise Schweitzer Tue, Aug 30, 2022 at 6:34 PM Martin/Carol, As promised, attached is the analysis of the two approaches to accessing the South Dyer section. With a more accurate visualization and a fuller understanding of the overall subdivision and the development limits on South Dyer, we feel comfortable about our conclusion that the 'Farm Road' access is the most beneficial. Please confirm receipt. Let us know your thoughts and how you expect to proceed with the Final Plat. Thanks very much. Barbara J. Cohen Real Estate & Planning Consultant BJC Associates, Inc. PO Box 391 Peconic NY 11958 EMAIL CORRESPONDENCE 10 South Dyer Plat 8.29.22 EquityEnvir. Memo.pdf Barbara Cohen <bjcohen@att.net> To:Martin Finnegan Cc:Annalise Schweitzer,Carol Tuthill Mon, Nov 21, 2022 at 8:45 PM Martin, The Title report prepared did what it is supposed to do and exists to support the current respective deeds and confirms ownership and ROW rights. The first rough draft of "Maintenance" agreement requires much review and negotiation to get it where it is satisfactory to all parties. As regards, the EEE analysis, it is incorrect to say they were charged to come to the Farm Road conclusion. Given the inaccuracy and lack of detail of the Visio concept drawings, EEE took the time and effort to recreate, correct, and improve the Racket Ct. access suggested by the Visio drawing so that both scenarios could be compared. That comparative analysis showed that the expected build-out according to zoning and HPC approvals is equivalent. The one major factor that contributes to the Farm Road conclusion is the aquaculture transportation activities, which unfortunately you have never acknowledged in all your correspondence and is critical to the planning of South Dyer. The Planning Dept may prefer existing roadways in general, but the negative impact of the Rackett's Ct approach on resident owners will certainly be taken into account. At this time, Planning Dept nor any other agency can speak again to the South Dyer plan, as a detailed plan has yet to be submitted. Thanks. Barbara J. Cohen Real Estate & Planning Consultant BJC Associates, Inc. PO Box 391 Peconic NY 11958 On Sunday, November 20, 2022 at 12:49:10 PM EST, Martin Finnegan <mfinnegan@northfork.law> wrote: Barbara, The respective rights of each owner over Rackett's court are derived from deeds in their chains of title but the absence in the current deeds to a reference to the Rackett's Court creates confusion. The point of the proposed agreement is to provide clarity and confirmation of those rights which is a benefit to all parties. There is no reason not to have an agreement. The preferred access to South Dyer is entirely irrelevant to the Road ownership and maintenance Agreement. Again, the clarification of Maintenance EMAIL CORRESPONDENCE 11 obligations of each party is a benefit to your clients. I understand that EEE was charges with drafting a report that concludes that the farm road is the better access but that conclusion is clearly contrary to the Planning Board's view and the Tuthills have offered ample justification for why Rackett's Court is in fact the best access to South Dyer. Regards, Martin MARTIN D. FI N N EGAN, ESQ. FINNEGAN LAW P.C. 13250 Main Road P.O. Box 1452 Mattituck, New York 11952 T 631.315.6070 C 516.298.5384 mfinne_ n(a�northfork.law www.northfork.law From: Barbara Cohen <bjcohen@att.net> Date: Friday, November 18, 2022 at 4:07 PM To: Martin Finnegan <mfinnegan@northfork.law> Cc: Annalise Schweitzer <aschweitzer@northfork.law>, Carol Tuthill <cbtuthill@hotmail.com> Subject: Re: Rackett's Court- Followup Martin, I still don't understand if there is an issue, or a suggestion of lesser rights associated with the properties. All the deeds refer to ROW rights whether it be actually stated in Schedule A of the current deeds or is referenced (eg. Liber , Page ) and connected to a prior deed. As regards ownership rights, the Title report spells that out, correct? As regards an agreement about private road maintenance, I don't expect movement on that given the difference of opinion regarding the access to the proposed South Dyer section of the Tuthill Subdivision. Again, the EEE analysis and the aquaculture transportation route via Rackett's Court (see photos) clearly points to need to apply the "Farm Road" alternative. Thanks. Barbara J. Cohen Real Estate & Planning Consultant BJC Associates, Inc. PO Box 391 Peconic NY 10156 EMAIL CORRESPONDENCE 12 I of r rr On Friday, November 18, 2022 at 12:26:29 PM EST, Martin Finnegan <mfinnegan@northfork.law> wrote: Barbara, Let me clarify. The rights I referenced in my earlier memos are set forth in deeds in the chains of title for the subject parcels. My recent comment was speaking to the current deeds which do not expressly reference those rights. The configuration of the Trieber parcel reflects the fee title interest that each adjacent owner has to the center line of Racketts Court. We renew our request that your clients enter into a Road Ownership and Maintenance Agreement that will memorialize all parties' rights and obligations. Happy Thanksgiving. Regards, Martin MARTIN D. FI N N EGAN, ESQ. FINNEGAN LAW P.C. 13250 Main Road P.O. Box 1452 Mattituck, New York 11952 T 631.315.6070 C 516.298.5384 mfinnegan(a�northfork.law www.northfork.law From: Barbara Cohen <bjcohen@att.net> Date: Friday, November 18, 2022 at 9:59 AM To: Martin Finnegan <mfinnegan@northfork.law> Cc: Annalise Schweitzer <aschweitzer@northfork.law> Subject: Re: Rackett's Court- Followup Martin, I went back to read over the 3rd paragraph starting with "The Tuthills maintain ...", and I went back to the January 21st and Feb 25th memos from you. I believe we all understand that, as you wrote in January, " At the Tuthill's request, Chicago Title EMAIL CORRESPONDENCE 13 Company, led by Sandra Goleski and I have confirmed through title and deed searches of all properties adjacent to Racketts Court that each lot has individual ownership of Racketts Court to the center line from our adjacent properties and shared Right of Way over the full 49.5 ft width to the Main Road from the Southern boundaries of each of the property lines. If The confusing sentences in the most recent email of Oct 26th are: If Although this fee ownership is reflected in the Trieber's chain of title, there is no current reference in the Cavagnaro or Grella deeds to their rights over Racketts Court. Likewise, there is no reference in the Trieber's current deed to the Right of Way Can you clarify? It suggests inconsistency. We are having all the documents to date reviewed again by counsel, as I am just a layman. Thanks. PS. Is there a reason Carol Tuthill is dropped from your email? Barbara J. Cohen Real Estate & Planning Consultant BJC Associates, Inc. PO Box 391 Peconic NY 11958 On Tuesday, November 15, 2022 at 12:32:30 PM EST, Martin Finnegan <mfinnegan@northfork.law> wrote: Barbara, Thank you for your reply. Please explain your confusion regarding the parties respective fee interests and ROWs over Racketts Court. I believe you said your counsel had previously confirmed those rights. If you would like me to speak with counsel about it, please provide their contact. If we can agree that there is no dispute as to the ownership interests and rights, I don't see why it would not benefit all parties to enter into the proposed agreement as soon as possible, particularly when the Triebers are redeveloping their property. Please advise. Regards, Martin MARTIN D. FI N N EGAN, ESQ. FINNEGAN LAW P.C. 13250 Main Road P.O. Box 1452 Mattituck, New York 11952 T 631.315.6070 EMAIL CORRESPONDENCE 14 From: Barbara Cohen <bjcohen@att.net> Date: Thursday, November 10, 2022 at 3:59 PM To: Martin Finnegan <mfinnegan@northfork.law> Cc: Annalise Schweitzer <aschweitzer@northfork.law> Subject: Re: Rackett's Court- Followup Dear Martin, We have reviewed your memo and have been trying to reconcile information and claims in both past and current materials. We have done our best to understand the Tuthill's singular vision represented by a Rackett's Court only approach to the South Dyer section of the proposed subdivision. Due to the incompleteness of the Visio maps, additional expense was incurred by us to produce accurate plans for the benefit of both parties, particularly to evaluate the available Farm Road alternative. The dismissal of the EEE report as not compelling is unfair, especially in light of the impact of the on- going aquaculture transportation activities which continues to be ignored by the Applicant in planning South Dyer. Development potential is comparable under both scenarios, both subject to the R-80 zoning and HPC restrictions, both requiring DOT access applications, both providing marketable parcels. As noted, although not recommended, a reduction in road surface can be achieved if the Applicant chooses to revert back to flag lot driveways for the 3 southern building lots. As regards DOT curb cut, do you have confirmation that Rackett's Court, a private road, has an approved DOT curb cut. The idea that the farm road can't be improved to satisfy a DOT curb cut is suspect. Fact remains —the Farm road requires improvement for the aquaculture operation. Lastly, the third paragraph about fee title and ROW rights appears to contradict the Title Report and your summary of it, and reference in the draft agreement, so we are confused on that. Lastly, as regards fencing by Trieber, easily corrected if required. Again, please keep us informed as to what the Final Plat submission will represent. Thank you very much. Barbara J. Cohen Real Estate & Planning Consultant BJC Associates, Inc. PO Box 391 Peconic NY 11958 On Wednesday, October 26, 2022 at 01:17:44 PM EDT, Martin Finnegan <mfinnegan@northfork.law> wrote: Barbara, Thank you for sharing the EEE report with us. As you know, we have requested the cooperation of your clients with the Tuthill's efforts to reach an Agreement on the respective rights and obligations of each of the Rackett's Court owners. We believe that such an agreement is imperative and clearly beneficial to all parties, regardless of the access to any future subdivision. You have suggested that your clients want confirmation of the proposed access to the South Dyer Subdivision before they will discuss the Ownership and Maintenance Agreement. We understand that the EEE EMAIL CORRESPONDENCE 15 report sets forth your purported justification for access over the unimproved farm road rather the existing Racketts Court access. It should come as no surprise to your clients that the Tuthills are seeking to use Rackett's Court as access to South Dyer. Our entire dialogue has stemmed from that preference and there is little if any information in the EEE report that compels the Tuthills to reconsider their position. The Planning Board has also expressed their preference that access be over the existing road. The farm road does not have a DOT approved curb cut, its contours preclude safe access and even if it could be improved and approved for access, the impact to the lot area for the 4 proposed lots is substantial. Moreover, the cost of improving the farm road for safe access would be significantly higher than the cost of required improvements to Racketts Court, that the Tuthills have already agreed to pay. The Tuthills maintain that it is essential to address the road ownership issues immediately. The proposed agreement that we previously shared confirms that each of the adjacent lot owners have fee title to the centerline of Rackett's Court with a ROW over the other half of the road from the southern boundary of their respective properties to the Main Road. Although this fee ownership is reflected in the Trieber's chain of title, there is no current reference in the Cavagnaro or Grella deeds to their rights over Racketts Court. Likewise, there is no reference in the Trieber3s current deed to the Right of Way that burdens their property which may explain why they have obstructed it with fencing that also significantly encroaches onto the western side of Rackett's Court that is owned by the Tuthills. (See attached portion of the RC survey). It is my understanding that the Triebers were previously put on notice of the obstruction and encroachment by way of communications from Richard Lark, Esq. to their counsel, Jenny Gould, Esq. We submit that regardless of whether the subdivision is completed and with access over Rackett's Court, clarification of ownership rights and future maintenance obligations will be an indisputable benefit to all parties. You have previously indicated that the ownership rights over Rackett's Court that I documented and summarized for you were verified by legal counsel engaged by your clients. There is no reason to delay the review of the proposed agreement. And, upon agreement, confirmation deeds can be prepared and filed memorializing each parties ownership and access rights which will add value to all of the properties. We therefore respectfully request that your clients review the agreement with their counsel and provide comments to us as soon as possible. In the meantime, we can certainly continue the discussion about access over Rackett's Court to South Dyer. Please advise. Regards, Martin MARTIN D. FI N N EGAN, ESQ. FINNEGAN LAW P.C. 13250 Main Road P.O. Box 1452 Mattituck, New York 11952 T 631.315.6070 EMAIL CORRESPONDENCE 16 From: Barbara Cohen <bjcohen@att.net> To:Carol Tuthill Cc:lbtuthill@hotmail.com,Jbtuth ill @gmail.com,JuliaQuliatuth ill.com,Jtuthil11 @bloom berg.net,rega ndruth@northfork.net Fri, Dec 3, 2021 at 2:59 PM You're right! Attached is the Dec 6th public meeting notice. Looking forward to setting up a meeting date. Thanks again. Barbara J. Cohen Real Estate & Planning Consultant BJC Associates, Inc. PO Box 391 Peconic NY 11958 On Friday, December 3, 2021, 02:23:01 PM EST, Carol Tuthill <cbtuthill@hotmail.com> wrote: Hello Barbara, Martin will be contacting you to set up a meeting this month. His new email address is shown in the cc list above. We have not yet heard back from the Planning Board about our request for an extension. This would normally be discussed at a Working Session, and we have not yet been advised of a date. I would expect that our request will be put on the agenda for one of the two December Working Sessions. Carol From: Barbara Cohen <bjcohen@att.net> Sent: Friday, December 3, 2021 11:26 AM To: Carol Tuthill <cbtuthill@hotmail.com> Cc: lbtuthill@hotmail.com <Ibtuthill@hotmail.com>; jbtuthill@gmail.com <jbtuthill@gmail.com>; julia@juliatuthill.com <julia@juliatuthill.com>; jtuthilll@bloomberg.net <jtuthill1 @bloom berg.net>; regandruth@northfork.net <regandruth@northfork.net>; mfinnegan@suffolklaw.com <mfinnegan@suffolklaw.com>; George Cavaganro <gcavag naro@g mail.com> Subject: Re: Meeting Requested to Discuss South Dyer Section - Proposed Tuthill Subdivision Dear Carol et al, Touching base again to see if it is possible to have a quick discussion, prior to finalizing your "final plat" designs for South Dyer? Did your request for a 12-month extension to the December 31, 2021 deadline get approved by the Planning Dept? Thanks. Barbara J. Cohen Real Estate & Planning Consultant BJC Associates, Inc. EMAIL CORRESPONDENCE 17 On Thursday, November 4, 2021, 05:19:07 PM EDT, Carol Tuthill <cbtuthill@hotmail.com> wrote: Hi Barbara, Thank you for touching base again. At this point we are hoping to get something set up in late November/early December as our attorney, Martin Finnegan, is handling a number of pressing matters. Thank you for your patience. I will get back to you as soon as Martin gives us some possible meeting times. Carol From: Barbara Cohen <bjcohen@att.net> Sent: Wednesday, November 3, 2021 9:55 AM To: Carol Tuthill <cbtuthill@hotmail.com> Cc: George Cavaganro <gcavagnaro@gmail.com> Subject: Fw: Meeting Requested to Discuss South Dyer Section - Proposed Tuthill Subdivision Dear Carol, As a follow-up, I am re-sending the email and attachment from Oct 13th that responded to your request for further clarification of issues and concerns. Any update on new design ideas? We remain available to discuss. Thanks very much. Barbara J. Cohen BJC Associates, Inc. PO Box 391 Peconic NY 11958 917-562-4290 EMAIL CORRESPONDENCE 18 ----- Forwarded Message ----- From: Barbara Cohen <bjcohen@att.net> To: Ibtuthill@hotmail.com <Ibtuthill@hotmail.com>;jbtuthill@gmail.com <jbtuthill@gmail.com>; julia@juliatuthill.com <julia@juliatuthill.com>; jtuthilll@bloomberg.net <jtuthill1 @bloom berg.net>; regandruth@northfork.net <regandruth@northfork.net>; mfinnegan@suffolklaw.com <mfinnegan@suffolklaw.com>; Carol Tuthill <cbtuthill@hotmail.com> Cc: George Cavaganro <gcavagnaro@gmail.com> Sent: Wednesday, October 13, 2021, 09:13:37 AM EDT Subject: Re: Meeting Requested to Discuss South Dyer Section - Proposed Tuthill Subdivision Dear Carol et al, As requested, I am attaching a Memo that boils down the September 8th letter to focus on the key issues that concern the Rackett's Court residents. We remain available to discuss. Thanks very much. Barbara J. Cohen BJC Associates, Inc. Real Estate & BID Planning Consultant PO Box 391 Peconic NY 11958 917-562-4290 On Thursday, October 7, 2021, 03:51:15 PM EDT, Carol Tuthill <cbtuthill@hotmail.com> wrote: Hi Barbara, Following up on the previous note I sent you... We are still working with our attorney Martin Finnegan and the family to identify dates for a Zoom meeting. In the meantime we would appreciate you sending us your specific questions with regards to South Dyer/Racketts Court. We'll use this to define the agenda for the meeting and help us prepare to answer your questions. We may have some pertinent information related to your questions that we can send you in advance of the meeting, which would streamline discussion in the meeting. We'll be in touch again once we get your questions and will suggest possible dates and times. Thanks, Carol EMAIL CORRESPONDENCE 19 From: Carol Tuthill <cbtuthill@hotmail.com> Sent: Friday, October 1, 2021 11:40 AM To: Barbara Cohen <bjcohen@att.net>; Ibtuthill@hotmail.com <Ibtuthill@hotmail.com>; jbtuthill@gmail.com <jbtuthill@g mail.com>;julia@juliatuthill.com <julia@juliatuthill.com>; jtuthilll @bloomberg.net <jtuthill1 @bloom berg.net>; regandruth@northfork.net <regandruth@northfork.net>; mfinnegan@suffolklaw.com <mfinnegan@suffolklaw.com> Cc: George Cavaganro <gcavagnaro@gmail.com> Subject: Re: Meeting Requested to Discuss South Dyer Section - Proposed Tuthill Subdivision Dear Barbara, A number of us are travelling right now and involved in some family events. We will respond to your request as soon as possible, but it will likely be late next. I apologize for this delay and hope it does not cause any inconvenience for you. Carol From: Barbara Cohen <bjcohen@att.net> Sent: Wednesday, September 29, 2021 8:22 PM To: cbtuthill@hotmaiLcom <cbtuthill@hotmaiLcom>; Ibtuthill@hotmail.com <Ibtuthill@hotmail.com>;jbtuthill@gmail.com <jbtuthill@gmail.com>; julia@juliatuthill.com <julia@juliatuthill.com>; jtuthilll @bloomberg.net <jtuthill1 @bloom berg.net>, regandruth@northfork.net <regandruth@northfork.net>; mfinnegan@suffolklaw.com <mfinnegan@suffolklaw.com> Cc: George Cavaganro <gcavagnaro@gmail.com> Subject: Meeting Requested to Discuss South Dyer Section - Proposed Tuthill Subdivision Dear Tuthill Family, am writing on behalf of George and Jayne Cavagnaro and their Rackett's Court neighbors to request a meeting to discuss the design for the South Dyer section of your proposed conservation subdivision. In particular, getting an understanding of your thinking behind your proposed access route through RacketYs Court would be helpful. believe you have in hand George and Jayne Cavagnaro's letter dated September 8, 2021. It is attached for your reference. The meeting could be in-person, Zoom, or a hybrid format. I can coordinate my end if you provide a couple of available dates. Please take the opportunity to meet with us, as work gets back on track to prepare the Final Plat and to get through the remaining public and agency review process. Looking forward to hearing from you soon. Thanks very much. Barbara J. Cohen BJC Associates, Inc. Real Estate & BID Planning Consultant PO Box 391 Peconic, NY 11958 EMAIL CORRESPONDENCE 20 MEMORANDUM DATE: October 13, 2021 TO: Tuthill Family FROM: Barbara J. Cohen, on behalf of George and Jayne Cavangaro, and Rackett's Ct. Residents RE: Tuthill Subdivision - South Dyer As requested, the following clarifies the access and design issues for the South Dyer section of the Tuthill subdivision that were detailed in the letter dated September 8, 2021 submitted to the Planning and other Town departments. Based on the concept diagram and the recent directives of the Planning Department to modify the concept diagram, there are two main issues that concern Rackett's Court residents: Rackett's Court Access • Is Rackett's Court access still under consideration? If so, why? • All building lots proposed can be accessed from the west, utilizing the existing farm road, improved (perhaps with a lower grade design) according to required specifications. Direct access to building lots, direct route for the installation of utilities, clear access for emergency services, no negative impacts on adjacent Rackett's Ct. property owners when building construction and farm road improvement take place --- all make the farm road the better choice. • There appears to be no benefits of a Rackett's Court access route, only costs and concerns. A. Construction, Disruption, and Management • Even without seeing the design details, the disruption and potential damage relating to street trees, private property elements would be significant. • Do private road improvements associated with a new subdivision trigger specific requirements (eg. lighting, drainage, curbs, sidewalks etc) that introduce new elements currently not in place? Negative impacts? • The total cost, construction timing, and short- and long-term management of any street improvement requires a written plan defining role and responsibilities that may not be part of any Covenants and Restrictions document typically associated with a Conservation Subdivision. October 13, 2021 1 Lot 1 — Size and Lot Configuration As noted in the September 8t" letter, a concerted effort should be made to avoid creating a building lot that requires a variance. Alternative designs are available, which would also avoid returning to the Planning Department, seeking a change to the R-80 zoning setback requirements that was clearly dictated at the last meeting. Problematic Lot 1 in Concept Diagram: The creation of this rectangular-shaped lot is at risk for becoming a property containing an inherent "hardship" once setback requirements are applied. The narrowness of the buildable area would justify the granting of a variance seeking to modify setbacks, allowing a larger building footprint and diminished open space, negating the goals and objectives stated and supported by the various studies for the future development of the South Dyer parcels. Alternative Design of Lot 1 could include redistributing (in part or in whole) the lot area of Lot 1 to: a) the remaining 3 lots, or b) assigning it to the conservation area, or c) amending the lot area of the Applicant's property located at 21920 Route 25, Orient (Taxlot 1000-17-6-14.3) adjacent to Lot 1 to the north. { •t 9 a 'r X 1 a Lot I r , Lai I Vh 1 v #$ ,N. K N' -, : ./. e Lot 42 � Lot 3 a+ 1 I JI ry Lot 4 � South Dyer Conditional Sketch Approval Concept Diagram Dec. 3, 2019 March 21 2021 October 13, 2021 2 From: Carol Tuthill <cbtuthill@hotmail.com> Sent: Friday,June 9, 2023 11:07 AM To: Terry, Mark Subject: Re:Tuthill Conservation Road Specifications Mark, Thanks for getting this information for us. It is much appreciated. We have our next family meeting on June 19 and we will discuss the Decision of the Fire Inspector and Chief Building Inspector. and determine if we can meet all the requirements using the portion of Racketts Court that we own and any additional needed from our available Development area. We hope we can make this work without requiring a variance, but just in case we need a variance, I'd appreciate it if you could give me the contact information for the person we would need to approach. Carol From:Terry, Mark<mark.terry@town.southold.ny.us> Sent: Friday,June 9, 2023 8:33 AM To: 'Carol Tuthill (cbtuthill@hotmail.com)'<cbtuthill@hotmail.com>; 'Lyle Tuthill'<Ibtuthill@hotmail.com> Cc: 'Donald Wilcenski (dwilski78@gmail.com)' <dwilski78@gmail.com>; 'James H Rich (jhrichiii.stpb@gmail.com)' <jh rich iii.stpb@gmail.com>; Lanza, Heather<heather.lanza@town.southold.ny.us> Subject: RE:Tuthill Conservation Road Specifications Carol, There is a variance process at the state level — we do not know the process. But I can get you the name to contact if you are interested. From:Terry, Mark Sent: Friday,June 9, 2023 8:24 AM To: Carol Tuthill (cbtuthill@hotmail.com) <cbtuthill@hotmail.com>; Lyle Tuthill<Ibtuthill@hotmail.com> Cc: Donald Wilcenski (dwilski78@gmail.com) <dwilski78@gmail.com>;James H Rich (jhrichiii.stpb@gmail.com) <jhrichiii.stpb@gmail.com>; Lanza, Heather<heather.lanza@town.southold.ny.us> Subject:Tuthill Conservation Road Specifications We met with the Fire Inspector and the Chief Building Inspector. Here is their decision: • Distance to water source. NYS FC 507.5.1 600 feet • The size of the U-turn. FC table D103.4 state 96 min for driveways 500-750 feet • All roads to support 75,000 LB • New / reconstructed roads to be maintained at 26 feet wide Best Mark Terry, AICP Assistant Town Planning Director Local Waterfront Revitalization Coordinator Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 (631) -765-1938 z Subject: RE: Bing Road Specifications From:Terry, Mark Sent: Friday,June 9, 2023 8:20 AM To: p S t > �1; Betsy(Lg!UL Cc:Judi Desiderio (iSjg id "r g i I Donald Wilcenski _ g <d w iskiff'L�L(ej) iLlx m>;James H Rich ma�[,.corn)<Lfj�icj'LNi ��( gL m1L >; Lanza, Heather<h ad (,,? J�Lnia LE u's e i r > Subject: Bing Road Specifications Pat, We met with the Fire Inspector and the Chief Building Inspector. Here is their decision: • Distances from fire well to homes. NYS FC 507.5.1 600 feet • The size of the U-turn and to be unobstructed. FC table D103.4 state 96 min. U-turn should accommodate largest local fire truck, MFD 8-6-12 1998 Peter Built tractor with 8500 gallon trailer, 503.4 fire Roads shall not be obstructed. • Maintaining a 26 ft wide fire dept access road able to support a 75,000 LB fire truck Variances can be requested from NYS is necessary; however, we are unfamiliar with the process. Best Mark Terry, AICP Assistant Town Planning Director Local Waterfront Revitalization Coordinator Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 (631) -765-1938 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 �� � ," Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Telephone:631 765-1938 Southold, NY www.southoldtownny.gov IOU PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 6, 2022 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: Extension of Sketch Plan Approval Proposed Tuthill Conservation Subdivision Located at 21505 Route 25 SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Zoning District: R-80 and R-200 Dear Mr. Tuthill: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, December 5, 2022: WHEREAS, this proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield among the four parcels pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7-acre private right-of-way and 15.6 acres of preserved open space inclusive of 6 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5-acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3-acre Tuthill Conservation Subdivision Page 12 December 6 2022 private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acres of unbuildable lands; and WHEREAS, on July 3, 2014 the agent submitted a Sketch Plan Application and fee in the amount of$500.00 with other required materials for submission pursuant to Article V Sketch Plat Review; and WHEREAS, on December 2, 2019 the Southold Town Planning Board granted Conditional Sketch Plan Approval upon the maps entitled: • Sketch Plan North Dyer dated as last revised April 3, 2013, • Sketch Plan South Dyer dated April 1, 2011, • Sketch Plan of North Brown dated October 22, 2013, • Sketch Plan of South Brown dated as last revised April 2, 2013; and WHEREAS, Conditional Sketch Approval, granted by the Planning Board on December 31, 2020, is set to expire pursuant to Article V. Sketch Plat Review§ 240-14. Expiration of the Southold Town Code; and WHERAS the applicant has requested a nn�eearar extension of time to file the Final Plat, citing difficulty in South Dyer title search findings translated into an updated accurate tax map and obtaining agreement with neighbors regarding respective ownership, rights of way and maintenance responsibility over Racketts Court. In addition, they have not been able to obtain the required Final Plat maps; therefore be it RESOLVED, that the Southold Town Planning Board grants an extension of time to file the Final Plat Application from December 5 2022 to December 31 2021 The applicant is advised that a public hearing and additional design changes may be required prior to Final Plat Approval. The next step in the subdivision application process is to file a Final Plat application. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman November 15, 2022 To: Southold Town Planning Board (via Ms. Heather Lanza and Mr. Mark Terry) Subject:Tuthill Oysterponds Holding Company 80 60 Conservation Subdivision Final Plat Application This request is for an additional 12 month extension for Filing the Final Plat Application for the Tuthill Oysterponds Holding Company 80/60 Conservation Subdivision. Basis for Requesting a Further Extension—We are requesting an additional 12 months,to Dec 31, 2023, to file the Final Plat Application due to difficulty in getting our new South Dyer title search findings translated into an updated accurate tax map and obtaining agreement with our neighbors regarding our respective ownership, rights of way and maintenance responsibility over Racketts Court. In addition, despite our regular efforts and follow-up, we have not been able to obtain the required Final Plat maps. We appreciate all the support you have given us since our original subdivision submission in July, 2014 and your continuing efforts to help us finalize our subdivision project. Carol Tuthill on behalf of the Tuthill Oysterponds Holding Company Cc: Melissa Spiro, Ruth/Reggie Tuthill,Julia Tuthill Mulligan, John Tuthill, Carolyn Tuthill Bozzuto, Lyle Tuthill, Kate Tuthill Quinn,Jason Tuthill, Elizabeth Tuthill Burrage NOVRE-CEIVED 1 ) oufh ld Down Planning Board AUG 17 2022 Planilirry Board ORIENT FIRE DISTRICT 23300 Mein Road, Orient, NY 11957 631-323-2445 m FAX 631-323-9706 orientfired@o�)toriVine.net Mr. Mark Terry August 10, 2022 Planning Board Office Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Subdivision Application Review Proposed Oysterponds Holding Co. Conservation Subdivision Orient, New York Dear Mr. Terry, The Board of Commissioners of the District and Chiefs of the Fire Department met with Brian Tuthill regarding the family's preliminary application, plans and propose the following. South Dyer/Rackett Court: The road width of 30 feet is acceptable. An electric well per the Fire Districts specifications able to pump 500 gallons per minute is needed and should be located close to the Main Road. If this is unable to be achieved, an alternative is the installation of a 20,000-gallon underground water tank at the discretion of the District/Departments location. North Dyer: Confirmed road width of 26 feet. Need direct access to lot 6. 1 - 20,000-gallon underground water tank between lot 1 & 7 and 1 — 20,000-gallon underground water tank between lot 4 & 5. North Brown: Turnaround must be large enough for fire apparatus to go around. Roadway should cover all lots. Need 20,000-gallon underground water tank for water supply. Prefer 30-foot wide roadway. Jog in roadway needs to be wide enough for trucks to turn. South Brown: Road width for a private roadway should be at least 15 wide per town code. If there is development of this area in the future it needs to be revisited. As these are proposed recommendations to preliminary plans, please present the Orient Fire District and Department with the finalized version prior to the Planning Boards approval. Seely, Donald R. Sayre District Secretary KEIVED N 24 7 2022 April 25, 2022 To: Southold Town Planning Board (via Mark Terry) oUtF6 e- own Subject: Tuthill Family Holding Company Scenic Easements Planning Board It has come to our attention that there are some questions regarding the Scenic Easements for the 4 parcels in our current 80/60 Conservation Subdivision Application and how we would like to address these easements as we work toward completion of our project. Scenic Easement Background—John Tuthill's main family focus was to keep the 4 parcels of land he owned in the family. He wanted future generations of Tuthills to have a reason to stay connected to Orient, either by living there or visiting on a regular basis. He knew that it would be important to set up ways that the land would not become a financial burden to the family that would result in selling the land. John was a strong supporter of preserving the rural character and scenic beauty of Orient. He was also a strong advocate for farming the land. He worked with local farmers to rent 3 of the 4 parcels for active agricultural operations. The remaining parcel had so many large boulders that farming with modern machinery wasn't possible. Revenue from the farm rent helped him to offset the taxes on the properties. In 1973, John worked with the Town to establish Scenic and Conservation Easements on 3 of the 4 parcels. This provided additional tax relief and conserved some popular scenic vistas in the community. John encouraged all family members to continue supporting the Agricultural operations and maintaining the Scenic and Conservation agreements on the properties. Easement Agreements on the Tuthill Pro erties May 30, 1973 - North Diver ND South Der SD and South Brown SB Scenic and Conservation Easements were established. They were effective until December 31, 1983, and automatically extended for successive periods of one year unless either party terminated the agreement. The South Dyer Easement was replaced by a new one in 2000. ND and SB are still active. December 27, 1985—A North Brown (NB) Scenic and Conservation Easement was established. It was effective for 8 years, until December 27, 1993. The easement could be extended annually thereafter, but the grantor had to submit something each year in writing to continue the easement. We believe John Tuthill forgot NB didn't have an automatic annual rollover like ND, SD and SB. The other family members continued to maintain the conditions of the Easement under the assumption that the Easement remained in place and was automatically renewed annually. July 21, 2000—A new SD Scenic and Conservation Easement was established. (This coincides with the formation of the John B. Tuthill Limited Family Partnership on that parcel). The easement was to continue until December 31, 2004. The Grantor could extend the easement for three successive periods of 5 years (December 31, 2019). We believe John Tuthill intended to renew this easement, but he died in November 2004. The other family members still thought the SD Easement was automatically rolling over and continued to abide by the Easement agreements and restrictions. Subdivision Application Background Regarding the Scenic Easements - Our July 2014 Sketch Plat Application included copies of the original Easement documents from 1973 (ND, SD, SB), and 1985 (NB) that we found in John Tuthill's files. These were the only Easement documents we found and we didn't realize the SD 1973 Easement had been changed in 2000. In the time between our Application Submission in 2014 and the Conditional Sketch Plan approval in December 2019, there was no mention of questions or issues regarding our easements. We have continued to maintain the properties in the manner detailed in the Easements. It was only recently that we learned that our land taxes were going to go up because the easements had expired. Originally, we were informed that all 4 parcels were impacted, and this was later amended to SD and NB, only. Goinig Forward—Since we believed the SD and NB Easements were still in place and have continued to maintain them according to the Easement agreements, we would like to have the Easements re-instated. We are also requesting agreement to continue the current ND and SB Conservation and Scenic easements, until we have an approved Subdivision Plan, and have accepted a PDR offer. Further, since we are not planning to develop new lots in the foreseeable future, we would like agreement to continue the Easements on each parcel until there is a specific plan to develop one or more lots on that parcel. Respectfully submitted, Carol Tuthill (on behalf of the Tuthill Oysterponds Holding Company Managing Directors) OFFICE LOCATION: MAILING DRESS: Town Hall Annex f OF SU'Ur4, P.O. Box 1179 54375 State Route 25 " "�, Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov CAUi' PLANNING TOWN OF SOUTHOLD December 7, 2021 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: Extension of Sketch Plan Approval Proposed Tuthill Conservation Subdivision Located at 21505 Route 25 SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Zoning District: R-80 and R-200 Dear Mr. Tuthill: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, December 6, 2021: WHEREAS, this proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield among the four parcels pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acre private right-of-way and 15.6 acres of preserved open space inclusive of 6 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3 acre Tuthill Conservation Subdivision Page 12 December 7. 2021 private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acres of unbuildable lands; and WHEREAS, on July 3, 2014 the agent submitted a Sketch Plan Application and fee in the amount of$500.00 with other required materials for submission pursuant to Article V Sketch Plat Review; and WHEREAS, on December 2, 2019 the Southold Town Planning Board granted Conditional Sketch Plan Approval upon the maps entitled: • Sketch Plan North Dyer dated as last revised April 3, 2013, • Sketch Plan South Dyer dated April 1, 2011, • Sketch Plan of North Brown dated October 22, 2013, • Sketch Plan of South Brown dated as last revised April 2, 2013; and WHERES, on March 12, 2020 the Town of Southold declared a state of emergency due to the COVID-19 Pandemic; and WHEREAS, Conditional Sketch Approval, granted by the Planning Board on December 31, 2020, is set to expire pursuant to Article V. Sketch Plat Review§ 240-14. Expiration of the Southold Town Code; and WHERAS the applicant has requested a one extension of time to file the Final Plat, citing difficulty in getting the needed survey work completed on North and South Dyer and getting the title and deed work completed; therefore be it RESOLVED, that the Southold Town Planning Board grants an extension of time to file the Final Plat Application from December 31, 2021 to December 31, 2022. The applicant is advised that a public hearing and additional design changes may be required prior to Final Plat Approval. The next step in the subdivision application process is to file a Final Plat application. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman 7& .. A! .. _ ......... NOVRECEIVED fin'~ 2021 From: Terry, Mark S¢:Udlolld Town Nanrflnq Board Sent: Monday, November 29, 2021 9:05 AM - To: Michaelis, Jessica Subject: FW: Request for extension of submitting a Final Plat Application For Subdivision From: Carol Tuthill <cbtuthill@hotmail.com> Sent:Tuesday, November 23, 2021 12:56 AM To: Lanza, Heather<heather.lanza@town.southold.ny.us>;Terry, Mark<mark.terry@town.southold.ny.us> Cc: Lyle Tuthill <Ibtuthill@hotmail.com>; Kate Tuthill <kate.tuthill@gmail.com>;Jason Tuthill <jbtuthill@gmail.com>; Elizabeth Tuthill <ectuthill@gmail.com>; Quinn,Thomas<tfg310@yahoo.com>; Sheri Notte <tuthil Ism @gmail.com>; Tyler Burrage <burrage.tyler@gmail.com>; Ruth Tuthill <regandruth@northfork.net>;julia tuthill <julia@juliatuthill.com>; casey mulligan <c-mulligan@uchicago.edu>;John Tuthill <jtuthill1@bloom berg.net>; Martha Tuthill <mjtut@optonline.net>; Carolyn J Tuthill <carolyntuthill@gmail.com>; Kosta Bozzuto <kfbozzuto@bellsouth.net> Subject: Request for extension of submitting a Final Plat Application For Subdivision To: Southold Town Planning Board (via Ms. Heather Lanza and Mr. Mark Terry) Subject:Tuthill Oysterponds Holdiil, Com an 80 60 Cons srvvation Subdivision Application Extension This requests a 12 month extension of the current December 31, 2021 deadline for submitting the Final Plat Application for the Tuthill Oysterponds Holding Company 80/60 Conservation Subdivision. Basis For Neediwn This Extension - We are continuing to have difficulty getting the needed survey work completed on North and South Dyer, despite regular follow-up with the surveyor. We are also having difficulty, getting the title and deed work completed that we started in early 2020. It seems that the workload in these areas has increased dramatically, and there aren't sufficient qualified people available to do the work. We are eager to get our Final Plat Application submitted. We hope we won't need the full 12 month extension, but given the delays we've already experienced, we are not confident we can deliver on shorter timing. We appreciate your on-going support and patience with our project, as well as your consideration of our extension request. Sincerely, Carol Tuthill - Managing Director Tuthill Oysterponds Holding Company ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. OFFICE LOCATION: LING : Town Hall Annex S 01J4, P.O. Box 1179 54375 State Route 25 ' Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) za Southold, Telephone: 631 765-1938 www.southoldtownny.gov 01 NTI PLANNING BOARD OFFICE p October 4, 2021 TOWN OF SUTOL Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: Proposed Conservation Subdivision for Tuthill Oysterponds Holding Company SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Zoning Districts: R-80 & R-200 Dear Mr. Tuthill: At their work session on September 28, 2021, the Planning Board reviewed and discussed the conceptual lot layouts submitted in response to the Conditional Sketch Plan Approval, and the comments received from the Land Preservation Committee dated September 15, 2021. The conditions in the Conditional Sketch Plan Approval granted on December 19, 2019 remain in full effect unless stated otherwise below. In addition to the conditions of Conditional Sketch Plan Approval, the Planning Board is requiring the following as they relate to the submitted requests and concept plans: North Dyer Concept Plan 1. The Planning Board has no further comments on the layout design of this subdivision. South Dyer Concept Plan 1. Relocate the common driveway to the west of lots 2, 3, and 4. The common driveway will serve Lots 3 and 4. Lot 2 will be directly accessed from the proposed subdivision road. 2. A 30' right of way on Racketts Court to serve the lots is required. 3. Divide the portion of Racketts Court owned by the Tuthills proportionally between Lots 1 and 2 as flags. Southold Town Planning Department Page 2 October 4, 2021 4. Exclude the access to the waterfront from preserved lands. 5. The setbacks for the South Dyer lots must meet R-80 zoning as outlined in the DEIS and the Findings Statement. North Brown Concept Plan 1. Attach Lot 4 to the open space. This requires that the solid lot line be changed to a dashed line. 2. Relocate Lot 5 back to the cluster. 3. As described in the Conditional Sketch Plan Approval, the lot lines for Lots 1, 2 & 3 must run to the shore/tie line. The 100' buffer will not be counted towards the 80% required open space. No preserved lands are to be located north of Lots 1, 2 and 3. The area previously included as open space north of Lots 1, 2 and 3 will now be included within the lot areas. South Brown Concept Plan 1. Lot 1 and its flag must be shown with a dashed line and will remain as the development area for the larger farm parcel. Verify that area of the flag is included in the development area and not counted towards the 80 percent open space conservation subdivision requirement. The next step is to prepare the final plats. If you have any questions, please do not hesitate to contact this office at 631-765-1938. Respectfully, Mark Terry, AICP Assistant Town Planning Director cc: Lyle and Carol Tuthill Melissa Spiro, Land Preservation Coordinator Southold Town Planni B n gq Work s ►on S Gruber 27.2021 — Paq-.. Project Name: Greenport Harbor Brewing Storage Building SCl M#: 1000-75-5-12 Location: 41625 Main Road, Peconic Description: This site plan is for the proposed construction of a 4,800 sq. ft.storage building on 0.6 acres in the General Business "B" Zoning District. Status: New Application Action: Review for Completeness Attachments: Staff Report Project Name Tuthill Conservation Subdivision SCTM#: 1000-17.-4-16, 17.-6-14.2, 18.- . 3-30.3. 18.-6-17.3, 18.-6718.1 Location: 21505 Rt. 25, 21070 Rt. 25, 26975 Rt. 25, 7685 Narrow River Rd., 8070 Narrow River Rd., Orient Description: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#10100-17-4-16, 1000-17-6-14.2, 1000-18-3- 0, and 1000-18-6- 17.3 (total area=112 acres) into 17 residential Nets, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240- 42 G of the Southold Town Code. Status: Pending Action: Lot Layout and Land Preservation Comments Attachments: Staff Report Discussion: Site Plan Use Determinations (SPUD): o 7400 Main Road Gas Station & Convenience Store, 7400 Main Road, Mattituck, SCTM#1000-122-7-1 & 3.2 ❖ ZBA Request for Comments: Rizos Paliouras, 65795 CR 48, Southold, SCTM#1000-40-2-6.4 DUE Oct. 28, 2021 • ZBA Request for Comments: 420 Pauls Lane LLC, 420 Pauls Lane, Peconic, SCTM#1000-74-4-5 DUE Oct. 28, 2021 Southold Planning Department Staff Report Subdivision Application Work Session Review Date October 4, 2021 Prepared By: Mark Terry I. Application Information Project Title: Tuthill Oysterponds Holding Company Applicant: Tuthill Oysterponds Holding Company Date of Submission, July 3, 2014 Tax Map Number: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000- 18-6-17.3 Project Location: 21505 Route 25 Hamlet: Orient Zoning District: R-80 & R-200 II. Description of Project Type of Subdivision: 80/60 Conservation Subdivision Acreage of Project Site: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTMs 1000-17-4-16, 1000-17-6-14.2, 1000- 18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. III: Status Sketch Plan IV: Action to review Review Layout of New Concept Plans Review Land Preservation Comments V: Analysis a. North Dyer Layout Changes 1. The concept plan shows the relocated lot from South Dyer to the north in a better location above lot 2. 2. The access road is designed to retain the historic rock wall and avoid existing structures. Land Preservation Committee 1. Supports the design. Staff Recommendations Southold Planning Department Staff Report Subdivision Application Work Session Review The building envelopes are oversized and it is recommended that setbacks meet R-40 zoning excluding Lot 1 which has existing buildings. Allowing smaller setbacks to accommodate the existing buildings will prevent the existing building setbacks from being considered nonconforming and thus require ZBA approval for the lot to be created with buildings outside the permitted setbacks. b. South Dyer Layout Changes: 1. One lot was moved to North Dyer (CSA). 2. The access road was relocated over Racketts Court. 3. Relocated driveway serving lots 3 and 4 to east of parcels. Land Preservation Committee Comments 1. Access to the waterfront from the subdivision should be excluded from preserved lands. 2. The parcel must meet the 80/60 criteria, 3. All development areas including the farm stand should be excluded from preserved lands. Staff Recommendations: 1. Relocate the common driveway to the west of lots 2, 3, and 4. The common driveway will serve Lots 3 and 4. Lot 2 will be directly accessed from the subdivision road. 2. Reduce load bearing road surface to 20' in a 30' right of way on Racketts Court. 3. Divide Racketts Court proportionally between lots 1 and 2 as flags. c. North Brown Layout Changes: Lots 4 and 5 separated from cluster and relocated to south in woodland. Land Preservation Committee Comments 1. No preserved lands to be located north of the lots 1, 2 and 3. 2. The split cluster design is unsupported. 3. One development area attached to the preserved land is supported near the proposed road in the Lot 4 location, adjacent to the road south of this lot in the wooded area or within Main Road frontage area. Staff Recommendations 1. Extend property line of lots 1, 2 and 3 to the northern tie line and remove any open space seaward of the lots.(CSA). 2. Divide right of way proportionally between lots (CSA) 3. Increase the width of the right of way to 30'. (CSA) Southold Planning Department Staff Report Subdivision Application Work Session Review 4. Cluster lot 5 to the north abutting Lots 1, 2 and 3. 5. Attach lot 4 to the farm (development area). 6. Show a common shoreline access. (CSA) d. South Brown Layout Changes None Land Preservation Committee Comments 1. Support lot placement only as a reserved area attached to the preserved area. 2. Recommends relocating lot along Main Road frontage. Staff Recommendations 1. Easement must be flag of lot 1 and included in development area calculation. OFFICE LOCATION: MELISSA A.SPIRO 1 Town Hall Annex LAND PRESERVATION COORDINATOR t -, 54375 State Route 25 melissa.spiro@town.southold.ny.us (comer of Main Rd&Youngs Ave) �� "�• Southold,New York Telephone(631)765-5711 Facsimile(631)765-6640 �° MAILING ADDRESS: ) ,a P.O.Box 1179 www.southoldtownny.gov '' 3 5 �.oki old,NY 11971-0959 M DEPARTMENT OF LAND PRESERVATION U v l/l' i TOWN OF SOUTHOLD 2021 TO: Planning Board FROM: Land Preservation Committee DATE: September 15, 2021 RE: Land Preservation Committee Review of Proposed Conservation Subdivision for Tuthill Oysterponds Holding Company SC'TM#,s 1000-17-4-16 1000-17-+6-1, . 1000-1.5- - 0. & 1000-18-6-17. The Land Preservation Committee (LPC) has reviewed the Visio maps prepared by the landowner for the Proposed Conservation Subdivision for the Tuthill Oysterponds Holding Company. The Visio maps were presented to the Planning Board on March 26, 2021, and have been under discussion for informal review as the landowner works toward meeting the conditions of the December 3, 2019 Conditional Sketch Plan Approval. The LPC's comments regarding the Visio maps are outlined below. The Committee reserves the right to make additional comments upon any changes made to the proposed Conservation Subdivision and upon receipt of plans formally prepared by a licensed surveyor. This memorandum addresses lot design comments only. The LPC intends to address uses and scenic restrictions for the areas the landowner is proposing to preserve by a potential Town purchase of development rights once the lot design is determined. North Dyer, 'T : 1000-17-4-16 The North Dyer property includes an existing house/barn, Main Road frontage, soils classified as prime and of statewide importance, varied topography, Munn Lake and Long Island Sound frontage. The current use is the residential dwelling and uses associated with it. The property is not used for agriculture and a significant part of the property is mature vegetation. The LPC supports the proposed transfer of yield to the North Dyer property as part of the overall 80/60 Conservation Subdivision. The transfer of yield is supported as a means to achieve Page I of 3 Tuthill maximum preservation of prime soils, active cultivated agricultural areas and, where applicable, scenic viewshed, as part of the overall 80/60 Conservation Subdivision design. The design of the preservation areas on North Dyer does not provide for public access to open space areas and, although the southerly preservation area contains prime soils, the design affords more of a buffer area than an area for viable agriculture. The LPC would not recommend preservation of this property as designed were it not included as part of the overall 80/60 Conservation Subdivision and if it did not contribute to the maximum preservation of prime soils, active cultivated agricultural areas and, where applicable, scenic viewshed. The LPC supports the design of the seven (7) lot proposal shown on the Visio map presented to the Planning Board in March 2021. South Dyer, SCTM# - - - The South Dyer property includes an existing farm stand, soils classified as prime soils, significant wetland/tidal creek area and Orient Harbor frontage. The current use is active agriculture, including aquaculture. The property is prioritized in the Town's Community Preservation Project Plan as land of exceptional scenic value. The LPC did not support the landowner's original plan in that the project design included a transfer of some of the overall 80/60 Conservation Subdivision yield to South Dyer. The LPC stated that it would not recommend public acquisition of a development rights easement on this property if the overall design "lands" more lots than allowed in an 80/60 Conservation Subdivision for the property, or allowed for a development area larger than allowed in an 80/60 Conservation Subdivision for the property. Residential use/access to Orient Harbor has been discussed but not shown oil the Visio plan. Any proposed residential use/access should be shown as part of the Conservation Subdivision development area, and not as part of the land to be preserved by the Town purchase of development rights. The 80% preservation area being offered to the Town for development rights purchase should be I t� exclusive of all development areas for residential uses and exclusive of the development area shown for the farm stand use. The LPC supports the proposed design changes shown on the Visio map presented to the Planning Board in March 2021 as long as the plan, when submitted by a SLIrveyor, does not include the areas mentioned above and does not exceed the lot or development area limits of the Conservation Subdivision requirements for the South Dyer property. Page 2 of 3 Tuthill Z:11 North Brown SCTM# 1000-15- - 0. North Brown includes Main Road frontage, LI Sound frontage, an area of cultivated field and an area of mature woodland. The cultivated field is all prime soils and the mature woodland area includes both prime soils and soils of statewide importance. The LPC does not support a design with any land counting toward the Conservation Subdivision 80%requirement, or being offered to the Town for development rights purchase, being located to the north of the proposed lots. The LPC does not support a design with a split cluster lot design as proposed. The LPC would support a design with one (1) development area,permanently linked to the proposed preserved land, located apart from the clustered lots. Development area locations acceptable to the LPC would be adjacent to the proposed road in the location of Visio map proposed lot 4, or adjacent to the road south of this lot within the wooded area, or within the Main Road frontage area. South Brown SCTM# 1000-1 - -1 . South Brown includes Main Road frontage, Narrow River Road frontage, cultivated field and wetland area. The property is all prime soils. The LPC has concerns regarding the location of the lot designed as a flag lot from Narrow River Road. The LPC would support this lot location only if it is designed as a development area permanently attached to the land proposed to be preserved. The LPC recommends relocating the development area to the Main Road frontage area in keeping with the character of existing development along Main Road. A relocation in this manner will also decrease the development area needed to provide access to the lot. Attachment: Visio Maps Page 3 of 3 Tuthill Na(4'+n w �y I m 39.Msgh A i Vs 035 �4 6 99i 21 nrfP I it r South Q it r L'II r� r, o r �d d IN r r f y✓0K d r r J k.f14'� i yes' J M Cr r d �Sorih '8rowo M �R a Cut _ w� . ......._................. A Y V ' Id G,�v.9uIN 4 Gry da Mtn OW ' LJntl Mii.TWM`{4;'f I� Lot 3 Lol 7 + Lot l 10 11,vY� 30 149 ton �y r 6 D a,,k ,, lot i 30 542»n SoatN l3r asn W "A • $" Teri Cowwkn 10 LAW 4Ar OFFICE LOCATION: , MAILING ADDRESS: Town Hall Annex � �� P.O. Box 1179 54375 State Route 25 � �'�� `r, Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) �� � � ';�a Telephone: 631 765-1938 Southold, NY www.southoldtownny.gov yY y PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 10, 2021 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: Extension of Sketch Plan Approval Proposed Tuthill Conservation Subdivision Located at 21505 Route 25 SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Zoning District: R-80 and R-200 Dear Mr. Tuthill: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, August 9, 2021: WHEREAS, this proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield among the four parcels pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acre private right-of-way and 15.6 acres of preserved open space inclusive of 6 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3 acre Tuthill Conservation Subdivision Page 12 August 1 2021 private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acres of unbuildable lands; and WHEREAS, on July 3, 2014 the agent submitted a Sketch Plan Application and fee in the amount of$500.00 with other required materials for submission pursuant to Article V Sketch Plat Review; and WHEREAS, on December 2, 2019 the Southold Town Planning Board granted Conditional Sketch Plan Approval upon the maps entitled: • Sketch Plan North Dyer dated as last revised April 3, 2013, • Sketch Plan South Dyer dated April 1, 2011, • Sketch Plan of North Brown dated October 22, 2013, • Sketch Plan of South Brown dated as last revised April 2, 2013; and WHERES, on March 12, 2020 the Town of Southold declared a state of emergency due to the COVID-19 Pandemic; and WHEREAS, Conditional Sketch Approval, granted by the Planning Board on December 2, 2019, expired on June 2, 2021 pursuant to Article V. Sketch Plat Review§ 240-14. Expiration of the Southold Town Code; and RESOLVED, that the Southold Town Planning Board grants a retroactive extension of time to file the Final Plat Application from June 2, 2021 to December 31, 2021. The applicant is advised that a public hearing and additional design changes may be required prior to Final Plat Approval. The next step in the subdivision application process is to meet the conditions listed above and file a Final Plat application. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, e-���)ac Donald J. Wilcenski Chairman II T Ell , l, I 31 i`;,, 0 S F EI P 0 S 1 / 1,E 1, /° 1 7 RECEIVED-]� _ rr, � a r,1 July 22, 2021 - Mr James Rich 54375 Main Rd P.O.Box#1179 Southold, New York 11971 Re:Tuthill Conservation Subdivision 1000-17-4-16 Southside Of Route 25, Orient,New York 119.a7 Dear Mr Rich, am writing to you to share some thoughts about the above proposed subdivision. For the past 26 years my family has owned a home on Oyster Ponds Lane in Orient.We are on the westside of the street.As we have done for many years, driving over the Causeway by Dam Pond gives us great.pleasure to know that we are in a special place.We often would open the vWndows and take 1•n the smell of Orient Hatbor and decompress.The lovely view coming into town brings happiness not.oniy to-me but:my whole family. Upon my research with this ongoing proposed Subdivision,it seems that the thought of building a number of Hampton style homes does not resonate with the character of our precious hamlet of Orient. If you calculate what a proposed building lot would accommodate, its close to a 8,000 square feet. How would it look coming into Orient and seeing,large homes rrnging.the horizon,,of our:Village. We.strongly ask that the Plan. ibg board to see the serious disadvantages of accepting this proposed subdivision as planned. Sincere er 5 Treiber , PETER S TREIBER d 310 OYSTER POND LANE ORIENT NEW YORK 11957 �A��� '� (z) 1021 i I om"I �. July 24,2021 Mr Donald 1lcenski Chairman nn Pla � Board of Southold P.-Box P-0-Box 41179 Southold 1171 Re: Tuthill Conservation Subdivision 1000-17-4-16 Southside of Route 25, Orient NY 11957 Dear Mr Wilcenski, I was notified by a friend of mine that the above captioned Subdivision plan on using a new Right of Way to the east of the original proposed road. This Right of Way goes straight thru my front yard&their plan is to have the road circle my property&end up in a dead end in the southeast of the proposed lots?This makes no sense! The Planning board needs to understand that this new plot design has drastic ramification for all of ass on ! ack tt's-Ct&,Oyster Pond Lane.The-amount.of Traffi c wGWd sipifican:dy devalue my land,as well as my Neighbors. What a nuisance this would be for all of us. The Landowner in question owns plenty of property to the west.Plus they have an existing road that is currently in use. Pke-�og lber PETER S TREIBER , " - 310 OYSTER POND LANE m'u �V u ORIENT NEW YORK 11957 1 f Y P ',:d...... July 24,2021 Mr Donald Wilcenski Chairman Planning Board Town of Southold P.O.Box#1179 Southold NY 11971 Re:Tuthill Conservation Subdivision 1000-17-4-16 Southside of Route 25,Orient NY 11957 Dear Mr Wilcensk, I was notified by a friend of mine that the above captioned Subdivision plan on using a new Right of Way to the east of the original proposed road. This Right of Way goes straight thru my front yard&their plan is to have the road circle my property&end up in a dead end in the southeast of the proposed lots?This makes no sense!The Planning .board needs to understand that this-new plot Aesign has drastic ramification for all of us on Racckett's Ct&,Oyster Pond Lane.The amount of Tkafc mmld,.significantly devalue my land,as well as my Neighbors. What a nuisance this would be for all of us. The Landowner in question owns plenty of property to the west.Plus they have an existing road that is currently in use. Irene M Treiber s ,- UG 0 '9 021 July 24,2021 Mr Donald Wilcenski Chairman Planning Board Town of Southold 54375 Main Rd Southold NY 11971 Re:Tuthill Subdivision 1000-17-4-16 Southside Route 25 Orient NY 11957 Dear Mr Wilcenski I am writing to you.all at the Planning board to express my deep concems about the above proposed subdivision.We all hold Town of Southold/Orient dear to our hearts.When we drive down these country lanes and see what a great job,the Town/County have done in keeping the charm of our community. It will kill any view for all the folks Oyster Pond Lane. What about the magficanit view heading east coming over the Causeway? Are we going to end up with big Homes like the one that built on Narrow River Road? Is that what we are going to see when this subdivision gets approved? I was told by an Architect that homes could be up to 7,000 square feet each.The Planning board needs to stand up for the existing property owners h our community. Nobody wants to see this beautiful farmland deveroped period. Irene TreT! e,,. 405-Racketts Ct 'Orient Ny 11957 �ea tnNs July 24,2021 Mr Donald Wilcenski Chairman Planning Board Town of Southold 54375 Main Rd S©elthpid NY 11971 Re:Tuthill Subdivision 1000-17-4-16 Southside Route 25 Orient NY 11957 1 am writing to you all at the Planning board to express my deep concerns about the above proposed subdivision.We all hold Town of Southold/Orient dear to our hearts.When we drive down these country lanes and see what a great job,the Town/County have done in -keeping the clwarm,of o�ur r, ura4 #wig kM any view#oir st1 the Wks Oyster Pond Lane. What about the magficanit view heading east coming over the Causeway? Are we going to end up with big Homes like the one that built on Narrow River Road?Is that what we are going to see when this subdivision gets approved?I was told by an Architect that homes could be up to 7,000 square feet each.The Planning board needs to stand up for the existing property owners in our community. Nobody wants to see this beautiful farmland developed period. PeteVreik�r 405 Racketts Ct Orient Ny 11957 S A Ill/I-\ N,T I f A a..0 ..... w, 1j 0, 202 Nar, rJ V arri�1 July 22,20211 Mr Donald Wilcenski, Chairman 54375 Main Rd P.O.Box#1179 Southold, New York 11971 Re:Tuthill Conservation Subdivision 1000-17-4-16 Southside Of Route 25, Orient, New York T1957 Dear Mr Sidor, My Parents own a home @ 310 Oyster Ponds Lane in Village of Orient.The Home is were I spent a good part of my childhood.We now vacation out there with my husband & children. Home is being placed into a trust for the benefits myself&Sister&Brother. So we have an interest in the future of Orient.We have been told that some of our neighbors want to subdivide a considerable amount of land just west of us. I am sure the planning board has done the drive over the causeway and seen the beautiful view.of.the.Hamlet. Been told that large homes new will be built,thus destroying our view(not only the Causeway but everyone on Oyster Ponds Lane) let alone everyone who lives east of the Candyman. Please take some time and drive over to our hamlet&see what should not be built in our neighborhood. Remember this is not the Hamptons& let's keep that way. Sincerely yours, Samantha J Marra. w � a July 22, 2021 Ms Mary Eisenstein 54375 Main Rd P.O.Box#1179 Southold, New York 11971 Re:Tuthill Conservation Subdivision 1000-17-4-16 Southside Of Route 25,Orient, New York 11957 Dear Ms Eisenstein, My Parents own a home C 310 Oyster Ponds Lane in Village of Orient. The Home is were I spent a good part of my childhood.We now vacation out there with my husband & children. Home is being placed into a trust for the benefits myself&Sister&Brother.So we have an interest in the future of Orient. We have been told that some of our neighbors want to subdiVide a considerable amount of Yand just west of us.1 am sure the planning board has done the drive over the causeway and seen the beautiful view of the Hamlet. Been told that large homes new will be built,thus destroying our view( not only the Causeway but everyone on Oyster Ponds Lane) let alone everyone who lives east of the Candyman. Please take some time and drive over to our hamlet&see what should not be built in our neighborhood. Remember this is not the Hamptons&let's keep that way. Sincerely yours, Samantha J Marra Kelly H Treliber n July 22,2021 Dear Mr Martin Sidor I am a resident of Peconic New York. My parents have own a home at 310 Oyster Ponds Lane in Orient.This is where I got to spent a lot of time growing up a kid. My father has told me that they plan to subdivide the farms just west of us.These are the field where we played as kids going back to 1995. Does the Planning Board understand how this will destroy the view+ccxning into the Village from the Causeway. Some 7000 square foot Mansion?Everyone that lives on Oyster Ponds will lose a precious view to the West. I would ask that the Planning Board understand that we like where we live. Let's not ruin Southold trying to make it like the Hamptons We love Southold and let's keep it that way. Please consider putting a stop to this subdivision and keep Orient-Orient. Th,nkY r K )I er p .. I���11 � `I�II 9�II IIy�R&..��a f" �°��.�'"'���V � � .... 310 ,�..�.� '�� ,��...� Il....� ,�. 1 ..M _. .. a. July 22,2021 Mr Donald Wilcenski, Chairman 54375 Main Rd P.O.Box#1179 Southold, New York 11971 Re:Tuthill Conservation Subdivision 1000-97-4-16 Southside Of Route 25, Orient, New York 11957 Dear Mr Sidor, I am a resident of Orient, living on Oyster Ponds Lane. My family has been coming our here i�i-rce 1995. When we purchased our-first borrre..My husband showed me the proposed subdivision listed above& I am shocked that you all would even consider ruining the view coming into Orient not to mention our back yard. We were told that given the current size of lots an 8,000 square foot home could be built 11 That would be awful. We cherish our little hamlet of Orient&strongly disapprove any subdivisions that spoil the character of same. Its farm land and should be left as is. Sincer u rs, _ . rene M Treiber ED Jerie R Newman 922 Youngs Road ��„�� 0 2 02,1 Orient, NY 11957 July 27, 2021 �i'ii ���, To: Members of the Planning Board of Southold Town, NY From: Jerie R Newman Irry Trust, PO Box 327—Orient Attached is a copy of the letter I sent to the Planning Board on March 14, 2019 Ref:The home I own at 790 Oyster Pond Lane in Orient. Members: The attached letter gives you a little history of the house that was the only house on the west side of Oyster Pond Lane in 1938 when it was moved there. All of the rest of the land was farmed. It is an eighteenth century home and much beloved by the Newman family. It has been kept up and remains much the same as it was. It is in the Historic District. Our daughter, Nancy Newman, is to inherit the house upon my death. She has been living there since the death of her grandmother and has been diligent in keeping the house in good condition as befits the age of the house. Nancy and I are very distressed to learn that the Tuthills' have decided to change their original plan to have a road on the west side of the properties planned for their family development to now have the road moved to the east side of the development. This means that 790 Oyster Pond Lane will have a road in the front of our home and another behind our home. That will adversely affect not only our property, but the properties of three others on the west side of Oyster Pond Lane. I can only hope and pray that this was an honest mistake on the Tuthills' part because the new plan to put the road on the east side of these properties sandwiches our property as well as three other properties between two roads. This would not be considerate or neighborly. It would be a poke in the eye to all of us. Not only do we lose our wonderful view when the houses are built on South Dyer, we would have to deal with the road traffic to and from each of these homes. The home at 790 Oyster Pond Lane is to be my daughter's inheritance as my late husband wished. Sadly, the house that will be built on our west border will block the wonderful view which we now enjoy. This will hurt the value of this property. Putting the road directly behind 790 Oyster Pond Lane house devalues it further. I ask the Planning Board to deny having any road between the houses and reinstate the original plan to use the existing farm road on the west on South Dyer. Sincerely 7 ) ,. JERIE R. NEWMAN r 922 C Youngs Road—PO Box 327 Orient, NY 11957 March 14, 2019 Members of the Planning Board: RE:TUTHILL CONSERVATION SUBDIVISION—SOUTH DYER I was in attendance at the Planning Board meeting on March 11 and spoke briefly regarding the South Dyer portion of the Tuthill Conservation Subdivision. As I said, I consider the Tuthills' as friends. That goes way back to our ancestors in the 1600's when Samuel King,John Tuthill, and Richard Brown were among the first settlers in Orient, and every piece of information I have found, stated they were best friends. The Tuthills' are subdividing their properties as a "family plan"for their children and grandchildren so each will be able to have a home in Orient. My late husband, Kenneth, and I also have a "family plan" which is just as important to us. A little history In 1938, Harry and Helen Newman, Kenneth's parents, purchased an 18th century house tan original Rackett home)that was on the property now owned by Florence Horton on Rt. 25 (across from the Latham farmstand). The person who purchased the property did not want the house, so she sold it to the Newmans for$100, but they had to move it from the property. The Newmans' purchased the lot, now known as 790 Oysterpond Lane and had the 18th century house moved to that spot where it still remains. At that time there were no homes on Oysterpond Lane. It was all farmland. The house passed to Kenneth Newman and upon his death,to me. We have a trust that we did a number of years ago for our four children. The house on Oysterpond Lane will go to our third child. As I said at the hearing, Helen Newman loved her historic house. She loved the vista which she called her million-dollar view. She spent many hours on the porch playing solitaire and entertaining friends. She requested that on her death she wanted to be cremated and her ashes spread in Long Island Sound and Gardner's Bay(the million- dollar view she had from her porch). Kenneth honored her wishes. When the house passes to our daughter, she will not have that million-dollar view. Her view will be the back of a very large house. Imagine our 18th century but small Cape Cod house with an 8,000 sq.ft. mansion behind it! In our opinion,this devalues the property at 790 Oysterpond Lane that we wanted OUR daughter to have so she could live in Orient. This is very disappointing. Sincere r I F' ECE,,IIVEI,I,D S ArMAIJ [ I�A J w,IXk�' I ��� �'�.�I�,,.. 2 i rtr.,C f cjVo,i I'�'!�I""NIlllfy if)et4VY"'f°� July 22,2021 Mr James Rich 54375 Main Rd P.O.Box#1179 Southold, New York 11971 Re:Tuthill Conservation Subdivision 1000-17-4-16 Southside Of Route 25, Orient, New Ycwk 11957 Dear James Rich My Parents own a home @ 310 Oyster Ponds Lane in Village of Orient.The Home is were I spent a good part of my childhood.We now vacation out there with my husband & children. Home is being placed into a trust for the benefits myself&Sister&Brother.So we have an interest in the future of Orient.We have been told that some of our neighbors wantto suib6v!de a considerable amountoftandjust west of us.f am sure the planning board has done the drive over the causeway and seen.the beautiful view of the Hamlet. Been told that large homes new will be built,thus destroying our view(not only the Causeway but everyone on Oyster Ponds Lane)let alone everyone who lives east of the Candyman.Please take some time and drive over to our hamlet&see what should not be built in our neighborhood. Remember this is not the Hamptons&let's keep that way. Sincerely yours, S, Samantha J Marr RECEIVE Y � I,,,,,, N ` /11 Y I q11957 July 22,2021 Mr James Rich 54375 Main Rd P.O.Box#1179 Southold,New York 11971 Re:Tuthill Conservation Subdivision 1Ue0-17-4-16 Southside Of Route 25, Orient,New York 11957 Dear Mr Rich, I am a resident of Orient, living on Oyster Ponds Lane. My family has been coming our here'since 1995 when we purchased a w first hwoe..My.husband showed me the proposed subdivision listed above&I am shocked that you all would even consider ruining the view coming into Orient not to mention our back yard. We were told that given the current size of lots an 8,000 square foot home could be built II That would be awful. We cherish our little hamlet of Orient&strongly disapprove any subdivisions that spoil the character of same. Its farm land and should be left as is. Sincerel , burs, Irene M Tr eiber E �u` E IV E ID Kelly Orel '. u,u. er i I"f"I July 22,2021 Dear Mr Donald Wilcenski-Chairman I am a resident of Peconic New York. My parents have own a home at 310 Oyster Ponds Lane in Orient.This is where I got to spent a lot of time growing up a kid. My father has told me that they plan to subdivide the farms just west of us.These are the field where we played as kids going back to 1995. Does the Planning Board understand how this will destroy the view naming sirato the Village from;Ghee)Cawseway. Some 7-000 s uzare.io©t Mansion?Everyone that lives on Oyster Ponds will lose a precious view to the West. I would ask that the Planning Board understand that we like where we live. Let's not ruin Southold trying to make it like the Hamptons We love Southold and let's keep it that way. Please consider putting a stop to this subdivision and keep Orient-Orient. Tha i°Yo r Kel rIbr PETER S TREIBER 310 OYSTER POND LANE i ORIENT NEW YORK 11957 J U L 2 • 20 21 July 24,2021 Mr Donald Wilcenski Chairman Town of Southold P.O.Box#1179 Southold-NY 11971 Re:Tuthill Conservation Subdivision 1000-17-4-16 Southside of Route 25,Orient NY 11957 Dear Mr Wilcenski I am writing to you to share some tl o 4gl is about the above proposed subdivision For the past 26 years my family has owned a home on Oyster Ponds Lane in orient.We are on the westside of the street.As we have done for many years we love driving over the Causeway by Dam Pond.It gives us great pleasure to arrive in such a special place.We would open the windows and take in the great smells and vista of our Orient Harbor. The lovely view coming into the Village brings us great happiness to me and my whole f <'ffy. Upon doing some research on the ongoing proposed subdivision,its seems that the thought of building a number of Hampton/McMansions does not seem to be resonate with the character of the hamlet of Orient.If you calculate the lot size there could be 8,000 Sqaure foot home littering this precious view.The Town prides itself on trying to keep the charm&this development would be in sharp contrast to this vision.We strongly oppose any subdmdsi;on.We ask that the Board take a drive over the causeway &see how this would permanently ruin our Hamlet. Sincerely yours,. 0 r S i reib r ���� E C 11111 N'h' D,... 2 o 2 t, July 27, 2021 Nane A.f...n�n f� q bV'!tt',�n .V To the Southold Town Planning Board: � I am the owner of two properties on the west side of Oyster Pond Lane in Orient. 510 Oyster Pond Lane (owned by my LLC,460 Oyster Pond Lane LLC) is adjacent to the proposed South Dyer conservation development proposed by the Tuthill Oysterponds Holding Company. 390 Oyster Pond Lane is immediately north of 510,and although it does not have a common boundary with the Tuthill property, it will also be adversely affected by the planned development. The revised plans presented to the Planning Board on June 21, 2021, include a change that would have a substantial negative impact on both these properties. My neighbors on Oyster Pond Lane and I have written about the negative effect that it would have on 510,580,and 790 Oyster Pond Lane, but I want to also point out the problems it would cause for 390 Oyster Pond Lane, my primary residence. Instead of using the existing farm road to the west, as in previous proposals,the Tuthill Oysterponds Holding Company now plans to use Rackett's Court as the entry to the proposed lots.Among other issues,this plan would necessitate building a short connecter road with two right-angle turns on the south side of the Treiber property on Rackett's Court,then the road would continue south directly adjacent to the western border of 510 Oyster Pond Lane. The construction of a road so close to our houses would be disruptive and could have a negative impact on my ability to rent 510 Oyster Pond Lane,which is the intended business of my LLC. Once built,the road would introduce noise and pollution adjacent to these properties as well as the other properties along Oyster Pond Lane and Skippers Lane. I believe the headlights of cars proceeding east along the short leg of the road next to the southern border of the Treiber property at night would shine directly into my bedroom window at 390 Oyster Pond Lane.The proposed configuration, with its two tight 90-degree turns, is unnecessarily complex and could be dangerous—access for fire engines and other emergency vehicles would be more difficult.All of these issues would be avoided if the original plan to use the existing farm road was reinstated. As we noted in our previous letter,for the proposed North Brown development,at the request of adjacent residents,the access road was moved away from a group of existing houses on the east side and relocated to the less populated western edge of the property. But with this proposal,the road for South Dyer would be moved to be closer to the existing houses on Oyster Pond Lane, causing a significant reduction in the quality of life for long-established Oyster Pond Lane and Skipper's Lane residents. If the existing farm road was used, it would have far less of an effect on this community. I ask the planning board to reinstate the earlier plan to use the existing farm road and not allow a road to be built along the eastern edge of the South Dyer property. Sincerely yours, Ann ffdllio 390 Oyster Pond Lane and 510 Oyster Pond Lane (460 Oyster Pond Lane LLC) R,E C E­11V­E,Q July 27, 2021 r�Jl( �ilcx Ir)VTii Planning :3CIdld .. To the Southold Town Planning Board: We are the owners of three properties on the west side of Oyster Pond Lane in Orient-510, 580, and 790 Oyster Pond Lane. Our properties are adjacent to the South Dyer conservation development proposed by the Tuthill Oysterponds Holding Company. The plans presented to the Planning Board on June 21, 2021, include a change that would have a substantial negative impact on all our properties. Instead of using the existing farm road to the west, as in the original proposals, the Tuthill Oysterponds Holding Company now plans to use Rackett's Court as the entry to the proposed lots. This is the worst possible alternative to access the development. The construction of any road so close to our houses will be disruptive and have a negative impact to our property values. It would also necessitate building a short connecter road with two right-angle turns on the south side of the Treiber property on Rackett's Court,then the road would continue south directly adjacent to the western border of our properties. If this is allowed, our properties would be sandwiched between two roads, along both the front and back of our lots. We can't think of another neighborhood in Orient that has these conditions. At the North Brown proposal, at the request of adjacent residents, the access road was moved away from a group of existing houses on the east side and relocated to the less populated western edge of the property. But with this proposal,the road for South Dyer would be moved to be closer to the existing houses on Oyster Pond Lane, causing a significant reduction in the quality of life and property values for long-established Oyster Pond Lane residents. If the original plan is used, it would have far less of an effect on this community. We strongly urge the Planning Board to use the original plan and have the access road on the west side of the Tuthill development and not allow a road to be built along the eastern edge of the South Dyer property. Sincerely yours, a.x Ann ffolliott ( 0 Oyster Pond Lane LLC), 510 Oyster Pond Lane John and Thanne Dispenza, 580 Oyster Pond Lane Je Newman, 790 Oyster Pond Lane Southold Town Planning Board Work Session — June 21. 2021, Page 2 Project Name: Tuthill Conservation Subdivision , SCTM#: 1000-17.-4-16, 17.-6-14.2, 18.- 3-30.3, 18. 6-17.3. 18. 6-18.1 Location: 21505 Rt. 25, 21070 Rt. 25, 26975 Rt. 25, 7685 Narrow River Rd., 8070 Narrow River Rd., Orient Description: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6- 17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240- 42 G of the Southold Town Code. Status: Pending Action: Concept Overview Attachments: Staff Report Project Name: The Heritage at Cutchogue (Harvest Pt.) SCTM#:! 1000-102-1-33.3 Location: 75 Schoolhouse Road, on the n/w corner of Griffing Street and School House Lane, approximately 1,079 feet n/o th e Main Road, in Cutchogue. Description,. This Residential Site Plan is for the development of 124 detached and attached dwellings. Status: Approved with Conditions Action: Review for CO's Attachments: Staff Report Project Name The Fields at Mattituck SCTM#: 1000-113-2-1.2 Resubdivision Location: 4935 Bergen Avenue, Mattituck Description: This resubdivision proposes to separate the drainage area for the new road serving the lots of The Fields at Mattituck subdivision from Lot 27 so that it may be dedicated to the Town along with the subdivision road. Status: New Application Action: Review for Completeness Attachments; Staff Report Project Name: Mazzoni Standard Subdivision SCTM#: 1000-13-2-8.2 Location: 500 Soundview Drive, approximately 782' to the north of NYS Route 25 and 256' to the east of Sound View Drive, Orient Description This proposal is for a Standard Subdivision of a 22.94 acre parcel into 5 lots where Lot 1 = 2.34 acres, Lot 2 = 1.78 acres, Lot 3 = 2.18 acres, Lot 4 = 0.56 acres, Lot 5 = 16.06 acres inclusive of a .97 acre right-of-way, 8.58 acres of Open Space and 6 acres of a Conservation Easement held by the Peconic Land Trust (PLT). Status: Conditional Preliminary Approval Action: Extension Request Attachments: Staff Report Discussion: ❖ Fitness Advantage Waiver Request, Intersection of CR 48 & Youngs Avenue, Southold, SCTM#1000-55-2-16 Southold Planning Department Staff Report Subdivision Application Work Session Review Date June 21, 2021 Prepared By: Mark Terry I. Application Information Project Title: Tuthill Oysterponds Holding Company Applicant: Tuthill Oysterponds Holding Company Date of Submission: July 3, 2014 Tax Map Number: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Project Location:. 21505 Route 25 Hamlet: Orient Zoning District: R-80 & R-200 II. Description of Project Type of Subdivision: 80/60 Conservation Subdivision Acreage of Project Site:. This proposal is for an 80/60 Conservation Subdivision of four parcels SCTMs 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. III: Status Sketch Plan IV: Action to review Review Sketch Plan Conditions to New Concept Plans V: Analysis VI: Items to Consider SKETCH PLAN CONDITIONS 1. The following changes to the Sketch Plans are required: Provide one table with the 80/60 Conservation Subdivisions calculations for the four parcels. Staff: Submitted — Needs to be added to Sketch Plan Southold Planning Department Staff Report Subdivision Application Work Session Review • North Dyer i. Title the plat: Tuthill 80/60 Clustered Conservation Subdivision North Dyer Final Plat. ii. Lighten the Coastal Erosion Hazard Line and darken the seaward parcel boundary (High water mark of the Long Island Sound). Staff: Completed iii. Remove the Subdivision Report Table. iv. Show a Lot Area Table on the plat that includes the total lot area, unbuildable lands, the area of the right of way in the lot and square footage of areas to be cleared. Include each Open Space Area in this table. Staff: Completed v. Delete the line west of Lot 6 separating the two open space areas. Staff: Completed v . Label the open space areas as "Open Space A, Open Space B and Open Space U. vii. Straighten the rear lot lines of 4, 5 and 6, maintaining the 100' buffer as a minimum. Staff: Completed viii. Show building envelopes on each lot with proposed setback distances labelled. Staff: Completed ix. Increase the width of the right of way to 30' and consider shortening. Retain the historic rock walls where possible. Staff: Completed x. A turn-around design for fire apparatus is required. Permissible designs include a 120' Hammerhead, an Alternative to 120' Hammerhead or a 60 Foot "Y". An illustration of each design is attached. xi. Divide the right of way proportionately between the six lots. Each lot will own a portion of the right of way. Include the square footage of the right of way in the Lot Area Table. xii. Provide a name for the road. Staff: Completed xiii. Show and label a 10' wide shoreline access easement from the end of the right of way over Lot 4. xiv. Show the relocated lot from South Dyer and label as lot 7. Locate the lot against NYS Route 25 and in the southeast of the parcel. Retain or move the historic rock wall within the open space. Staff- SEQR findings require that one lot be transferred from South Dyer to North Dyer or North Brown. The Board has agreed to transfer the lot to North Dyer in the southeast corner of the parcel. Layout Changes 1. The concept plan shows the relocated lot from South Dyer to the north in a better location above lot 2. 2. The access road is designed to retain the historic rock wall and avoid existing structures. Southold Planning Department Staff Report Subdivision Application Work Session Review Recommendations The building envelopes are oversized and it is recommended that setbacks meet R-40 zoning excluding Lot 1 which has existing buildings. Allowing smaller setbacks to accommodate the existing buildings will prevent the existing building setbacks from being considered nonconforming and thus require ZBA approval for the lot to be created with buildings outside the permitted setbacks. b. South Dyer i. Title plat: Tuthill 80/60 Clustered Conservation Subdivision South Dyer—Final Plat. i . Relocate one lot from the parcel to the North Dyer parcel. Completed ii . The redesign of the parcel must achieve a minimum of 80 percent of buildable lands and 20 percent development area on the parcel. Include the farm stand in the development area calculations and attach the farm stand to the open space area with a dashed line. Label this area "Agricultural Development Area" Completed iv. Add the phrase "Development Rights To Be Sold" on the open space parcel. V. Remove the Subdivision Report Table from the plan. vi. Show a Lot Area Table on the plat that includes the total lot area, unbuildable lands (including the 54,985 sq. ft. of subdivision open space from past set- off), the area of the right of way in the lots and square footage of areas to be cleared. vfl. Show building envelopes on each lot with proposed setback distances labelled. Competed but requires revision. viii. Remove the 38,850 sq. ft. and 16,166 sq. ft. areas shown on the plan. The subdivision open space, which equals 54,985 sq. ft. from the set-off of SCTM#1000-17-6-14.3, will be accounted for in the development rights easement as part of the open space and is not allowed to be "landed" as a separate lot area. ix, Increase the width of the right of way to 30'. x. A turn around design for fire apparatus is required. Permissible designs include a 120' Hammerhead, an Alternative to 120' Hammerhead or a 60 Foot "Y". An illustration of each design is attached. xi. Divide the right of way proportionately between the four lots. Each lot will own a portion of the right of way. Include the square footage of the right of way in the Lot Area Table. xi , Provide a name for the road. xiii. Clearing limits will be waived for the lots and therefore there is no need to provide calculations. xiv. If residential access to the Orient Harbor is proposed, show a 10' wide shoreline access. Southold Planning Department Staff Report Subdivision Application Work Session Review Layout Changes: 1. One lot was moved to North Dyer. 2. The access road was relocated over Racketts Court. Recommendations: 1. Relocate the common driveway to the west of lots 2, 3, and 4. The common driveway will serve Lots 3 and 4. Lot 2 will be directly accessed from the subdivision road. 2. Use R-40 setbacks when designing the building envelopes. 3. Reduce load bearing road surface to 20' in a 30' right of way on Racketts Court. 4. Divide Racketts Court proportionally between lots 1 and 2 as flags. c. North Brown i. Title plat: Tuthill 80/60 Clustered Conservation Subdivision North Brown- Final Plat. ii. Show a Lot Area Table on the plat that includes the total lot area, the unbuildable lands, the area of the right of way and clearing limits. iii. Extend lot lines of 1, 2, and 3 to the northern boundary (tie line) of the parcel. The quit-claim deed indicates that the parcel extends to the high water mark of the Long Island Sound. Not Completed iv. Remove the notation "open space" north of the lots. Open space upon which development rights are proposed to be sold is to remain undivided. Relabel this area "Non-disturbance buffer". V. Show building envelopes on each lot with proposed setback distances labelled. vi. Re-locate the access road to the west property boundary. Consolidate the curb cuts if possible with the access flag serving SCTM# 1000-18-3-9.2 (vacant). Staff— SEQR finding made by Planning Board to mitigate impacts to community character. vi . Increase the width of the right of way to 30'. viii. Divide the right of way proportionately between the lots. Each lot will own a portion of the right of way. Include the square footage of the right of way in the Lot Area Table. ix. An alternative turn around design for fire apparatus is recommended. Permissible designs include a 120' Hammerhead, an Alternative to 120' Hammerhead or a 60 Foot "Y" as illustrated in the attachment. Southold Planning Department Staff Report Subdivision Application Work Session Review xa The Planning Board will permit one, common shoreline access to be constructed through the non-disturbance buffer to the Long Island Sound in the covenants and restrictions. Do not illustrate the access on the map. xi. Show the maximum square footage proposed to be cleared on each lot. The building envelopes cannot encroach into the areas that will remain un- cleared. xii. Provide a name for the road. xiii. Delete the Subdivision Report Table from the plat. Layout Changes: 1. Two lots separated from cluster and relocated to south in woodland. Recommendations 1. Extend property line of lots 1, 2 and 3 to the northern tie line (CSA). 2. Divide right of way proportionally between lots (CSA) 3. Use R-40 setbacks when designing building envelopes. 4. Cluster lot 5 to the north abutting Lots 1, 2 and 3. 5. Attach lot 4 to the farm (development area). d. South Brown i. Title plat: Tuthill 80/60 Clustered Conservation Subdivision South Brown — Final Plat. ii. Attach Lot 1 to the open space area by replacing the solid line of the lot with a dashed line. Label the area as "Development Area". iii. Clearing limits will be waived for this lot and therefore there is no need to provide calculations. iv. Remove the Subdivision Report table from the plat. v The 15' wide driveway is permissible. It is recommended that passive drainage is designed to manage stormwater. vi. Fire protection is to be determined by the Orient Fire District. Recommendations 1. Easement must be flag of lot 1. (Not a condition of CSA.) 2. Use R-40 setbacks when designing building envelopes. NEXT STEPS On June 22, staff will meet with the Land Preservation Committee to review concept plans and discuss changes. OFFICE LOCATION: �� " `� MAILING ADDRESS: Town Hall Annex V12 P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Tele hone: 631 765-1938 Southold, NY 11971 � ��° �� P LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD �.,,. L� � ......... To: Donald Wilcenski, Chair Town of Southold Planning Board o` 2 7 Z 0 21 From: Mark Terry, Assistant Town Planning Director p^t re M g„ I cq aid LWRPCoordinator �� .......................................... ............ Date: May 25, 2021 Re: SCTM#1000-17-4-16 SCTM#1000-17-6-14.2 SCTM#1000-18-3-30.3 SCTM#1000-18-6-17.3 This proposal is for an 80/60 Clustered Conservation Subdivision of four parcels SCTM#'s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots,with 94 acres to be preserved.This project proposes the transfer of yield pursuant to §240-42 G of the Southold Town Code. The project is described as: SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7-0.9 acres.This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 5.7 acres of unbuildable lands. North Dyer is located on the n/s/o NYS Route 25, approximately 366 feet west of Oysterponds Lane, in Orient. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots and includes a reserve area for agricultural related use where the lots and reserve area range in size from 0.5-0.9 acres; property includes a 0.5 acre right-of-way and 29.5 acres of open space inclusive of 14.6 acres of unbuildable lands.South Dyer is located on the s/s/o NYS Route 25, approximately 460 feet west of Oysterponds Lane, in Orient. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7-0.8 acres.This property includes a 1.3 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. North Brown is located on the n/s/o of NYS Route 25, approximately 2,223 east of Platt Road, In Orient. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres.This property includes 25.5 acres of open space inclusive of 0.62 acre of unbuildable lands. South Brown is located on the s/s/o NYS Route 25, approximately 1,960 feet east of Platt Road, in Orient. 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 below listed policies and therefore, CONSISTENT with the LWRP: The action proposes an 80/60 Conservation Subdivision; achieving 80 percent preservation of buildable lands and a density reduction of 60 percent of the total yield. This type of subdivision was developed to meet Town Goals. Localized impacts to the parcel and the characteristics of the community require assessment to NYS SEAR regulations. In July, 2015, the Planning Board issued a positive declaration to analyze the potential moderate and large impacts that could potentially result from the proposed 17 lots. On November 4, 2019, the Southold Planning Board adopted the SEAR Findings statement which included numerous mitigated conditions. Policy 2 Preserve historic resources of the Town of Southold. 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 of Education. 1. Conduct a site survey to determine the presence or absence of cultural resources in the project's potential impact area. Archeological sites were not identified as occurring or potentially occurring on the North Dyer or South Dyer parcels. The investigation to determine the occurrence of archeological resources on North Brown and South Brown parcels is ongoing through a plan developed by the OPRHP and the Board. North Brown a. A Phase 1 B cultural survey shall be conducted within the areas identified and flagged during the July 2, 2019 Native American consult and field inspection. No ground disturbance within these areas shall occur prior to completion of the survey and the findings are published and made available to the Tribal Council of the Unkechaug Indian Nation, the Shinnecock Indian Nation and any and all parties who wish to receive a copy. South Brown a. A Phase II investigation to evaluate the site for eligibility for listing in the State National Registration of Historic Places shall be conducted by the landowner or future landowners prior to any ground disturbance. b. A Phase IB archaeological survey of the proposed route of the driveway to Lot 1 shall be conducted by the landowner or future landowners prior to any ground disturbance. The potential occurrence of Native American burial grounds or individual burial pits where the residential lots are located on the North Brown parcel and the known burial sites that occur in the Browns Hills subdivision to the east supported the relocating of the access road from the east side of the North Brown parcel to the west side of the parcel. With the relocation, the consolidation of curb cuts or merging with the access serving SCTM# 1000-18-3-9.2 (vacant) is recommended. All known archeological resources will be preserved to the greatest extent practicable under New York State Law. This policy has been met Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. The preservation of scenic resources is a State and Town goal established in many plans. At the State level the elevation and preservation of the value of scenic resources in Southold is listed as a NYS Areas: LI North Shore Heritage Area goal. The designation is supported by a plan that includes strategies and specific policy recommendations on the unique historical, maritime and special environmental resources contained within the area. The New York State Scenic Byways designation of State Route 25 also establishes goals to preserve the scenic qualities of Southold. The more recent Town Comprehensive Plan contains many goals and objectives to identify and protect important scenic qualities from public land and waters. The Conservation Subdivision was developed to further these goals and objectives by requiring land preservation and clustered development. The proposed application furthers this policy by preserving 80 percent of the buildable lands of the combined four parcel acreage and a density reduction of 60 percent of the total yield. A. Minimize introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character. Impacts to the scenic view shed have been significantly minimized by reducing density, the potential purchase of development rights and by clustering of the residential lots. Land area upon which development rights are sold has been designed to preserve maximum scenic qualities. Street and residential lighting will be dark skies compliant (Chapter 172) and utilities serving the lots are required to be buried. In the event that the action is approved it is recommended that the Board seek reduced road specifications to maintain the rural character of the area. Recommended road specifications include a 25' right of way with a 16'wide pavement surface. E. Preserve existing vegetation and establish new indigenous vegetation to enhance scenic quality: Clearing limits are also required on each lot that contains existing vegetation. It is recommended that land area on the lots dedicated to the non-disturbance vegetated buffer be credited to the required clearing limits on each lot. Existing trees on the edges of the natural areas and open fields with high wildlife value, such as oak species, will be preserved to the greatest extent practicable and if they will not interfere with necessary farming, grading and drainage. Existing treed windbreaks that provide wildlife habitat shall be preserved on the North Brown parcel where possible. The preservation of the existing vegetation enhances scenic qualities. K. Protect visual quality associated with agricultural land, open space and natural resources. 2. Group or orient structures during site design to preserve open space and provide visual organization. The application meets this policy by clustering the residential lots to provide visual organization of the developed areas and agricultural lands and open space. The clustering of structures furthers Chapter 240-43 Article XI. Cluster Development 240-43. Determination o location o o en s aces created by cluster develo meat usin rimer and seconder consrvcation areas. B. The location of open space lands shall be determined in general accordance with the goals of the Town's Comprehensive Plan and in particular with the Southold Town Farm and Farmland Protection Strategy to provide an interconnected network of open space and farmland. All four parcels are located north and south of NYS Route 25, a designated scenic byway and provide scenic open space views to users of state and local roadways and in some instances public waters. The prime farmland (agricultural soils) and scenic views into the property from adjacent properties, Orient Harbor, existing public roads (New York State Route 25 and Narrow River Road) are secondary conservation areas as defined by Chapter 240 of the Southold Town Code. The South Dyer parcel offers the highest quality scenic value to the public and has been identified as important to the community and New York State. Due to these positions, a Scenic Viewshed Impact Analysis for South Dyer was prepared and assessed. The total number of lots proposed on the South Dyer parcel was five, however, the applicant in the revised DEIS (2018) agreed to apply Alternative 1 which relocates one residential lot from the South Dyer parcel to another parcel in the subdivision. This furthers this policy. Impacts to the scenic view shed have been significantly minimized by reducing density, the potential purchase of development rights and by clustering of the residential lots. 3. Avoid structures or activities which introduce visual interruptions to natural landscapes including: As discussed in Policy 3 above, existing vegetation is proposed to be used to greatest extent practical to mitigate the introduction of structural components into natural landscapes, a. introduction of intrusive artificial light sources It is recommended that the number of street lights be reduced to the minimum necessary to mark intersections of roadways. Further it is recommended that the Board require that the applicants covenant dark sky standards (Chapter 172) for the residential structures to further preserve the night sky. This policy has been met. Policy 5 Protect and improve water quality and supply in the Town of Southold. 5.4. Limit the potential for adverse impacts of watershed development on water quality and quantity. Recent studies have linked on-site sanitary systems with contributing Nitrogen to surface waters and cumulative impacts could be moderate to large. In the Peconic Estuary, after atmospheric deposition, groundwater is estimated as the second largest external source of Nitrogen, totaling 21 percent of the total Nitrogen load, or 7,450 lbs./day. Groundwater and other nonpoint sources are the primary contributors to water quality degradation of the Peconic Estuary contributing to algal blooms and hypoxia (SCDHS). Both the Long Island Sound and Peconic Estuary have experienced detrimental changes from increased nutrient loads to ground and surface waters. In the Long Island Sound, and more recently in the Peconic Estuary, low Dissolved Oxygen (DO) conditions (hypoxia) develop due to excessive levels of Nitrogen (N) and Phosphorous (P). Hypoxia is a result from planktonic algae blooms that feed on the nutrients. The algae die and settle to the bottom of the water body then decay, using up Dissolved Oxygen in the process. The Oxygen levels frequently fall below the levels necessary to sustain life and often result in fish and shellfish die offs. The development of residential structures results in incremental, and compounding affects to the quality of the Towns coastal waters. The action proposes 17 new sanitary systems in an area that is not served by public water. The installation of I/A OWTS or similar technology on all residential lots will be required. Further, best management practices to reduce the application of fertilizers are also recommended (see below) to lower nutrient loading. This policy has been met. 5.5. Protect and conserve the quality and quantity of potable water. The area is not served by public water and the water supply to surrounding properties is from private wells. Suffolk County Department of Health approval is required for all proposed private wells and sanitary systems. The SEQR Findings Statement outlines the following to conserve potable water quality and quantity. 1. The use of low-flow plumbing fixtures. 2. Irrigation controls: The following is required to reduce residential irrigation in areas not connected to public water. a. Plants used in landscaping shall be native and drought-tolerant. b. The use of drip irrigation systems is recommended. Rain barrels are encouraged. C. Total long-term permanent irrigation of each lot will be limited to 15%of the lot area not improved with structures. d. Soil moisture sensors will be used with irrigation systems, to water only when necessary during times of low soil moisture. e. Lawn areas will be seeded with improved turf species with deeper root systems and greater drought tolerance, thus requiring less irrigation than conventional turf species. Further, in the event that the action is approved, it is recommended that the following best management practices are required to further policies 5.2, 5.3, 5.4 and 5.5 and protect the ground and surface waters of Orient. a. Require the use of native, drought-tolerant plants in landscaping. b. Require only the use of organic fertilizers where the water-soluble nitrogen is no more than 20%of the total nitrogen in the mixture. c. 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. d. Prohibit the application of fertilizer products containing nitrogen, phosphorus, or potassium between November 11t and April 1st e. The use of phosphorous containing lawn fertilizer is prohibited unless establishing a new lawn or soil test shows that the lawn does not have enough phosphorus. Fertilizer labels have three bold numbers. The number in the middle is the percentage of phosphorus in the product, e.g. 22-0-15. Use of products with 0.67 in the middle or lower is not restricted. Products with a number higher than 0.67 may only be used if a new lawn is being established or a soil test indicates it is necessary. This policy has been met Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem The Town of Southold is a complex ecosystem consisting of physical (non-living) and biological (living) components and their interactions. B. Protect and restore ecological quality by adhering to the following measures. C. Reduce adverse impacts on ecological quality due to development. The protection of ecological quality of communities will be achieved by the following requirements as outlined in the SEAR Findings Statement: 1. A total of 95.91+/-acres of open space to beset aside as open space (80 percent of the site) will contribute to preserving plant species and providing wildlife habitat. 2. A 100' wide non-disturbance,vegetated buffer from the top of bluff is required on North Dyer and North Brown parcels preserving plants and wildlife. 3. Clearing limits are required on lots that contain existing vegetation. 4. Clearing for construction shall occur between November 1"and May 311tto minimize impacts to wildlife. 5. Existing trees on the edges of the natural areas and open fields with high wildlife value, such as oak species, will be preserved to the greatest extent practicable and if they will not interfere with necessary farming, grading and drainage. 6. Windbreaks to provide wildlife habitat shall be preserved on North Brown where possible. This policy has been met. 6.3 Protect and restore tidal and freshwater wetlands, The subdivision design and SEQR Findings Statement includes a 100' wide non-disturbance, vegetated buffer on lots 4 through 6 on North Dyer adjacent to Munn Pond and on North Brown adjacent to the Long Island Sound bluff.The natural vegetated buffer will preserve existing vegetation and minimize impacts from residential development on the regulated features (wetlands, coastal bluffs). This policy has been met. 6.4 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. The preservation of the Eastern Box Turtle and the Northern Long Eared Bat (both protected species) has been addressed through inventory and clearing management regulations. See the SEAR Findings statement for details. This policy has been met. Policy 11 Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. 11.6 Promote aquaculture. The proposed action incudes retaining an active aquaculture operation on the South Dyer parcel. The land and water area where the operation is conducted will remain unaffected as a result of this action. This policy has been met. Policy 12 Protect agricultural lands in the Town of Southold. 12.1. Protect agricultural lands from conversion to other land uses, Current agricultural uses occur on North Brown, South Brown and South Dyer. Lots and access roads have been clustered to avoid agricultural lands to greatest extent practicable. The three parcels contain prime farmland soils and soils of statewide importance. Impacts to these soils include agriculture areas converted to non-farm (in this case, residential) use. The impacts to agricultural soils have been reduced though clustering and density reduction. Access roads have been designed to not segment active agricultural areas. The proposed action furthers this policy. 12.3. Minimize adverse impacts on agriculture from unavoidable conversion of agricultural land, The LWRP states that "Where farmland is converted to residential or other non-agricultural land use, the adverse impacts of that change on the remaining agricultural land should be minimized. To the maximum extent possible, clustering and other techniques should be utilized to retain sufficient land suitable for agricultural opportunities within the new development area. Arrangements for keeping viable fields in production through lease arrangements or easements should be encouraged. Site design should minimize potential conflicts between new residential or commercial uses and the agricultural use." As indicated above the purpose of the 80% of open space in this instance is to support future agricultural uses and preserve scenic qualities of the parcel to meet Town goals. The proposed action meets this policy. Please contact me at (631)765-1938 if you have any questions regarding the above, Southold Maym1 7, 2021 -.PaP 4, Project Name: Fishers Island Weathervane SCTM#: 1000-2-1-8.1 & 8.2 Resubdivision Location: Off East End Road, Fishers Island Description: This resubdivision proposes to transfer 4,617 sq. ft. from Lot 1 (SCTM#1 000-2-1-8.1) to Lot 2 (SCTM#1000-2-1-8.2), and 2,884 sq. R. from Lot 2 to Lot 1. Lot 1 will decrease from 69,972 sq. ft. 68,239 sq. ft., and Lot 2 will increase from 72,818 sq. ft. to 74,551 sq. ft. in the R-120 zoning district. Both lots require a variance from the Zoning Board of Appeals to be less than the minimum lot size of 120,000 sq. ft._ Status: New Application Action: Review for Completeness Attachments: Staff Report Project Name: Tuthill Conservation Subdivision SCTM#: 1000-17.-4-16, 17.-6-14.2, 18. p 3-30.3, 18.-6-17.3, 18.-6-18.1 Location: j 21505 Rt. 25, 21070 Rt. 25, 26975 Rt. 25, 7685 Narrow River Rd., 8070 Narrow River Rd., Orient Description: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6- 17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240- 42 G of the Southold Town Code. Status: ' Pending Action: I Sketch Plan Approval Extension Attachments: I Staff Report Discussion: ❖ ZBA Request for Comments: Fishers Island Weathervane, Off East End Road, Fishers Island, SCTM#1000-2-1-8.1 & 8.2 Southold Planning Department Staff Report Subdivision Application Work Session Review Date May 17, 2021 Prepared By: Mark Terry I. Application Information Project Title: Tuthill Oysterponds Holding Company Applicant: Tuthill Oysterponds Holding Company Date of Submission: July 3, 2014 Tax Map Number: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Project Location: 21505 Route 25 Hamlet: Orient Zoning District: R-80 & R-200 II. Description of Project Type of Subdivision: 80/60 Conservation Subdivision Acreage of Project Site: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTMs 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. III: Status Conditional Sketch Plan Approval IV: Action to review Retroactive Extension V: Analysis • On December 2, 2019 the Southold Town Planning Board granted Conditional Sketch Plan Approval. • On March 12, 2020 the Town of Southold declared a state of emergency due to the COVID-19 Pandemic • A retroactive extension of time to file the Final Plat Application was granted from June 3, 2020 to June 2, 2021 and will expire. • On March 26, 2021 the applicant submitted new concept plans and they are under staff review to the Conditional Sketch Plan Approval. VI: Items to Consider It is recommended that the Southold Town Planning Board grant a retroactive extension of time to file the Final Plat Application from June 2, 2021 to December 31, 2021. _ .. . �. Pe) '` vk ._'I. ........ ir May 4, 2021 To: Southold Town Planning Board (via Ms. Heather Lanza and Mark Terry) (�fru� udd l o",i" Nanriiii( Subject:Tuthill Oyster onds Holding +CornOpan 80 60 Conservation Subdivision A Ii Pion This request is for an additional 6 month extension for Conditional Sketch Plan Approval and Filing the Final Plat Application for the Tuthill Oysterponds Holding Company 80/60 Conservation Subdivision. Back round— On December 3, 2019 we received Conditional Sketch Plan Approval for our Subdivision Application. This determination was valid for 6 months, ending June 3, 2020. Due to Covid-related quarantine and shutdown restrictions, we received a one-year extension, ending June 3, 2021. Basis for Requesting a Further Extension 1. Accessibility to resources to address re uirements of the Conditional Sketch Plan Approval —Some government and professional resources remained difficult to access until early 2021. For example, until very recently, we were not able to obtain the titles and deeds necessary to establish our ownership and right-of-way for Racketts Court. We also experienced delays in getting the information needed to approach our neighbors to the west of our North Brown property regarding sharing a curb cut and Right of Way. 2. Determining if our revised designmeets the requirements of the Conditional Sketch Plan Approval - We have requested an informal Planning Board review of our revised design to identify any areas we still need to address to meet the requirements of the Conditional Sketch Approval. On March 26, 2021 we sent the Planning Staff Group updated maps for each parcel showing proposed lot and road locations, and a narrative describing what we have done to address the requirements of the Conditional Sketch Plan Approval. We requested this review so that we could address any major issues that would impact the maps our surveyor, Nathan Corwin, will prepare for the Final Plat Application. The demand for surveyor work has evidently increased dramatically due to the impact of COVID. We anticipate that it will take significant time before Nathan, or any other surveyors, could complete our Final Plat maps, so we are trying to do everything possible to avoid map revisions, which would necessitate further extension requests. The maps we submitted were prepared by our son, Jason, using Visio technology which calibrated within 1% of the area calculations established in our Sketch Plan Application by our surveyor, Nathan Corwin. Our research indicates Nathan will be able to convert the Visio maps to the software he uses. This will also help us speed up the final map development process. We recognize there may be map changes required as a result of comments received from Committee/Agency and Public Reviews of our Final Play Application, but we hope to minimize these changes based on the informal review with the Planning Board. We appreciate all the support you have given us since our original subdivision submission in July, 2014 and your continuing efforts to help us finalize our subdivision project. 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O L S �'j U •� �.j s" O O O 3CD 41 N z Z N O f t N O m H From: Michaelis, Jessica Sent: Wednesday, February 10, 2021 8:53 AM To: Palmeri, Allison Subject: FW: Feb 8 Status- Rackett's Court use for Tuthill Conservation Subdivision Attachments: SCTM 1000-17-6-14.1 &14.2 2001 Survey Map Separating JB Tuthill house .pdf; SCTM 1000-17-06-9.1 Survey 265 Racketts Court .pdf; SCTM 1000-17-06-8 Treiber House Septic Survey 2020 with Racketts Court copy.pdf .,__ IIII IIII 21 From:Terry, Mark<mark.terry@town.southold.ny.us> ��:.1' { Sent:Wednesday, February 10, 2021 8:22 AM ( 51'")Hu h—oi i 'Town � To: Michaelis,Jessica <jessicam@southoldtownny.gov> Rarm4ig IBoard Subject: FW: Feb 8 Status-Rackett's Court use for Tuthill Conservation Subdivision Please file. From:Julia Tuthill <jgIia JuhatuthHl.conp Sent:Tuesday, February 9, 2021 10:55 AM To:Terry, Mark<riark.tei°ry@towri.sout,hold�>; Duffy, Bill gov.> Cc: Lanza, Heather<heather.lanza@@Qw!.wn,so thold ny.us>; Martin Finnegan <rnfimmne anL5?Lfif Lyle &Carol Tuthill <Gb utf HL k c:tmaill,com>;Jason Tuthill -Gmail <ibt�.uLI-dll 5 L1nI, i c��. i.>; Lyle & Carol Tuthill <ctutholl a, } otr� 6l.com> Subject: Re: Feb 8 Status- Rackett's Court use for Tuthill Conservation Subdivision Hi Mark & Bill, Thanks for making the review of Racketts Court as a ROW for our Conservation Subdivision a priority! Can you clarify what you mean in the below email by "submit the rest of the documents( maps etc)so we can review further"? Below is the original email that I sent to you on 12/17/20 summarizing all of the Deed Research/Chain of Title supporting our ownership and ROW over Rackett Court.That email had 3 supporting documents sent in separate emails on the same day due to the large file size. I am happy to resend these documents if you do not have them already. Supporting Documents: 1. Chain of Title/Deeds for South Dyer and Racketts Court 2. History of Racketts Court Summary with Tax Map 3. Draft Map of Proposed South Dyer Conservation Subdivision. The only other information we have are the surveys of our South Dyer Property(including Racketts Court) and surveys of the 2 adjacent properties on Racketts Court that use it as a ROW. I am attaching these surveys to this email. 1. Survey 2001 SCTM 1000-17-6-14.1 &14.2 Tuthill South Dyer Property 2. Survey 2017 SCTM 1000-17-6-9.1 265 Racketts Court Cavagnaro Property 3 Survey 2017 updated 2020 SCTM 1000-17-6-8 405 Racketts Court Treiber Property Sandra Goleski at Chicago Title is the expert on this deed research should you have any specific questions. She can be reached at 631 284 2400 or direct 631 574-2302. 1 Also I have been very involved in this research and am happy to answer questions and resend any of this information. Thanks again for all your effort to move this project forward as we are focused on getting our plans to the Planning Board for review. Warm Regards, Julia Mulligan 312404'1125 On Dec 17, 2020, at1:36 PM,Julia Tuthill vvrote� Hi Heather and Mark, Warm Holiday greetings to you and your families. VVe want to thank YOU for your continued input and and support of our Conservation Subdivision project this year! We are working diligently to prepare for the review of the Tuthill Conservation Subdivision Resolution items with the Planning Board ideally in January 2021. One of our key focus areas is finalizing the ROW for South Dyer. In our last meeting we proposed the use of Racketts Court as the ROW tm the 4 proposed lots om South Dyer Parcel. This allows for the use ufan existing road tominimize view shed/environmental impact and allows fmr less roadway turns for fire safety., Thie next step was to provide the Deeds/Chain uf title confirming ownership/ ROW onRackettaCourt. Sandra Go|eski from Fidelity National Title completed a thorough Chain of Tide and Deed search (THANK YOU S4N0RA!) for the South Dyer property, Racketts Court and all adjacent properties an Racketts Court.The Chain of Title Document from Fidelity National Title and a document summarizing the history pfKacketts Court based on the historical deeds is attached. The research confirmed that the South Dyer LLC has deeded ownership and rights of way based on L539 p367 and L566p88 as follows : 1. Ownership of the Westerly 1/2 of private road, Racketts Court (I 1/2 rods in width (24,75ft) and 43Gft in length) from the Main Road in Orient. Z Right of Way over ALL of Racketts Court (3 rods (49.5ft) in width and 436 ft in length) from the Main Road in Orient. This infomnat.Jon was reviewed and oomfinned by our attorney K8artim Finnepon, firmnm Twomey & Latham f�nn who also spoke vvidbSandraGo|esh� toconfirm the findings of her,work, They are boflh copied mnlrhisemaiL Mairina|so mentioned flhat a Right of Way over Racketts [ourL b part of the current deed of record L 12574 cp90 with the clause "toQetherv*ith aU the right, title and interest, if any' of the padyofthe first part in and Lo any rLreeLs and roads abutting the above described premises to the center Une thereof" As a next step Martin is going to prepare Conirmation Deeds for the South Dyer LLCtax oarce|s (1000-017,00-06-01-4.003 and 2000-01T00-O6rOO-OI4,003 ) incorpmrat�ng the ovvnersh�pan6ROVVspecifjcs with re�ar6stoRackett's [ourt� Moirtin recommended Chat we fonmard this information comfirming our ownership and ROW on Racket1s Cowl, to you ASAP as he knows our sense of urT'encyto our [onsen/ation Subd�viskon plains reviewed byflhe P|anning Board vvWh yomrsupporl,, UVithyoura8rcementto this suppordn8information WE' wNprmceed With usin[3, RackettsCnurtatthe proposedROVVforthe4parce|sontheSouthDyerasoudine6inthea11achedmarl Measecmmfirnm /fthhsis sufficient pnoofof Rarketts Court ownership and ROM/for usto proceed with using Racket±s Cmmr1 as the �ROW to our proposed lots in the South DyerCmmservatimm Subdivision, Many thanks, Attached Documents: 1, Chain ofTitle/Deeds for South Dyer and Racketts Court 2. History ofRackets Court Smnnmary 3. Draft Map of Proposed South Dyer Conservation Subdivision, On Feb8, 2021, at3:O4 PM, Terry, Mark wrote: Julia, Wo spoke to the Town Attorney and ho advised om that the best way forward Lo submit the rest of the documents (000po etc.) oo that vve can review further. Mark Terry, f\lCP Assistant Town Planning Director Southold Town Hall Annex 54375 State Route 25 P.O. Box 1174 Southold,New York 11971-0059 (631) -765-1038 From:Julia Tuthill > Sent: Monday, February 8, 202l1U:I9AK4 To:Terry, M a r k< Cc: Lanza, Heather >; Martin Finnegan < �� Ly|e & [aro|Tuthi|| � ��]asonTuthi|| Gmai| <j,bLuth ill ; Lyle & Carol Tuthill Subject: Re:Feb 8 Status- Rackett's Court use for Tuthill Conservation Subdivision Hi Mark, I am following up on the Status of the Action Items in the below email with regards to submitting the plan to use Racketts Court as the ROW for our South Dyer Conservation Subdivision.This is the only outstanding item on our end to be ready to submit our Conservation Subdivision for Planning Board review. Thanks as always for your guidance and sense of urgency in moving this project forward! Warm Regards, Julia On Jan 28, 2021, at8:39 AM,Julia Tuthill wrote: Hi Mark, We are working hard to get our Conservation Subdivision Plan ready for review with the Planning Board! I am following up to confirm if the materials we provided about our ownership and ROW of Racketts Court were acceptable with the Town Attorney as basis for our recommendation to use Rackett's Court as the ROW for the 4 lots on the South Dyer Conservation Subdivision. 3 We also need clarification if the next step is showing our Rackett's Court ROW plan (attached below)to the Planning Board (with Support from you and Heather which we believe we already have) OR do we need to get a letter of agreement from the other owners of Rackett's Court about our ROW plan and then go to the Planning Board? Finally, can you please clarify with the Town Attorney what documentation is legally required from the Rackett's Court Neighbors for us to proceed with the Rackett's Court ROW plan? Martin Finnegan (copied on this email)will be handling the process for us in engaging the Rackett's Court Neighbors about the use of Racketts Court as the ROW to our 4 lots. Martin will proceed based on your input about whether we get Planning Board agreement 1st and then the neighbors or if we need to get neighbor agreement 1st. Many thanks, Julia Mulligan Option 1—Racketts Court Extension -with Flagged Driveways L3 & L4 <clip_image002.png> ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 14 O d L� y U) h �d 1"LOD Poo] el PUT y� (L it h.W n a ..-�. L• r � a mr a� o5°a- ,� r \ a.or.vtoozu / m am N I Al �� r ': ti���r� "o �xo �°'ffi ,/ no"o� ¢��� Q s II- Ya S �,rs"aka -L y i o I F- -II MCI 9 '�'��.� Q 6 2z Ul G a"�Uo 5 � N owrsa'a �� m r y a g ad o u `� ry r" Yp G w� �J✓ ,` ✓ws� � N N d rk -0. C a " n v` J pJ N+ oo ID rj , Aj EAU` " J;gti e IS 19 14 , aura �r r�. 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(ii 111AO'c'd 591 =G x x 1 16 1_ M dG I GVF rK ) d 1,01 �' L G ';G81- r 'NOZ AG€66 'S"ui �'U W 1 .�/, Z _. t 1 SJ.'Jt7 0 V'Gfi 1 n DOII10a'{ A C69 M Gad'S1X7 a o =t w a 1�e °1 uNGz is 56G 9M 71 slxa AG CAM gqwp CIS ,nN.1 . GNC1i1V I+lHC--19HNIV/d _AG trvc,ee V7"NN 101 �. DOV�f=^BOG i0l I r Okr- G 6'"4 c� H_I'-)b' `y rya t P( r,i� J.P i,_QA 1C S NO �at<tt�nSB� ��,t; s �t r„�Ps � � �r tctt.;a� 1 � ul Oq JS lu-,t1loprs Y P,pF..u dk mp..,tilalB'UwEt q MOD SURNO&I Ut i I � q iffi a �7 N11 I lA7S -&j x �. %lroli Ma 'US NMI on1g1l x, � -n z3y pus I �`-L �� '`w,l ✓!t� III r � �, �� � ,q.:! "" - �'` f. 'mo5 dO]Iva MA 1a 1vA^'W90'CgG "re1 4v��`1�d'.�'3f w 1 F ? G P_�a�ea� 3JN3J�PIL' l3A1 Og+ OFFICE LOCATION: MELISSA A. SPIRO SoTown Hall Annex LAND PRESERVATION COORDINATOR ' 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 www.southoldtownny.gov MAILING ADDRESS: CPO U + , P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD Scib� Via electronic mail �4� � January 28, 2021 4I A Cif 2 8� 2021 Carol Tuthill f anut i ir, a __ki,r✓r'i cbtuthillPaliptniail.corrL Lyle Tuthill lhttr liiIl��c�la In aii..c r-r Jason Tuthill jlatuthill( ),gmailxo n Julia Tuthill J111 a jjuli tuthill�,coni Re: TUTMLL CONSERVATION SUBDIVISION North Dyer (SCTM#1000-17.-4-16) South Dyer (SCTM #1000-17.-6-14.2) North Brown (SCTM #1000-18.-3-30.3 South Brown (SCTM#1000-18.-6-17.3) Dear Tuthill Family Members: The Land Preservation Committee (LPC) is aware that you are pursuing a Conservation Subdivision, and that the Conservation Subdivision is pending before the Planning Board. The LPC intends to continue to review and comment upon referrals from the Planning Board on the pending application for the conservation subdivision known as the Tuthill Conservation Subdivision; however, the LPC does not intend to commence with making a recommendation to the Town Board regarding the Town purchase of a development rights easement, or with starting the appraisal process, until there is a design concept acceptable to the Planning Board and Land Preservation Committee. Your property is one of several projects before the Land Preservation Committee and/or the Planning Board that includes a potential Town purchase of a development rights (PDR) i easement. These projects, together totaling approximately 286 acres of potential PDR, are all at stages prior to that of the Town presenting a purchase offer. The Town intends to prioritize all pending and future applications by using the following factors including: • Whether or not the property is adjacent to preserved farmland, and the length of property boundary adjacent to preserved farmland • The percentage of Prime soils within the property, and the percentage of Prime soils proposed for preservation • Whether or not the property is in an area where the predominant land use is agriculture, and whether or not the proposed design is favorable to agriculture • The percentage of development density reduction • The percentage of land area preserved Projects consistent with the above factors that have longer borders adjacent to preserved farmland, that result in greater percentages of Prime soil preservation, that have higher density reduction, and that have higher preservation percentage, are more likely to proceed before those projects not consistent with the above factors and/or with lesser amounts of these factors. At this time, due to the large amount of acreage undergoing review for potential PDR, the Town is unable to confirm that funding will be available at the time that each landowner may wish to sell development rights to the Town. If the Town decides to present a purchase offer, and that offer is accepted by the landowner within the specified time frame, funds will then be earmarked for that project. Until such time that funds are earmarked, the Town intends to continually review and compare pending projects to each other, and intends to pursue and process applications of higher priority before those of lesser priority. New or revised projects of higher priority may take precedent over existing pending projects until such time that an offer to purchase has been made and accepted within the specified timeframe. In addition, the following may positively impact the Town's decision to further prioritize projects: • The applicant offers the development rights at a price significantly below market value (Bargain Sale) • The project is eligible for a significant acquisition grant award and the land and landowner meet the requirements specified in the grant application • The project involves significant partnership with another government or non-profit organization • The property includes a unique attribute component of town-wide importance and the landowner is committed to preserving the unique attribute in perpetuity This letter is being sent to you on behalf of the Land Preservation Committee. If you have any questions or concerns regarding the above, please submit them in writing so that I can share i I them with the Committee. If you should wish to present the application as a proposed Bargain Sale,please present this factor as soon as possible so that this component can be taken into consideration. Sincerely, 1-1 444 Melissa Spiro Land Preservation Coordinator MS:md cc: Planning Board OFFICELING S: P.O. Box 1179 Town Hall Annex so54375 State Route 25 �� � `�a , Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) „`" Telephone: 631 765-1938 Southold, NY www.southoldtovcniny.gov couw� PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 11, 2020 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: Extension of Sketch Plan Approval Proposed Tuthill Conservation Subdivision Located at 21505 Route 25 SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Zoning District: R-80 and R-200 Dear Mr. Tuthill: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, August 10, 2019: WHEREAS, this proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield among the four parcels pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acre private right-of-way and 15.6 acres of preserved open space inclusive of 6 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. Subdivision Page 2 stt 11 Tuthill.Conservation Submm SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acres of unbuildable lands; and WHEREAS, on July 3, 2014 the agent submitted a Sketch Plan Application and fee in the amount of $500.00 with other required materials for submission pursuant to Article V Sketch Plat Review; and WHEREAS, on December 2, 2019 the Southold Town Planning Board granted Conditional Sketch Plan Approval upon the maps entitled: • Sketch Plan North Dyer dated as last revised April 3, 2013, • Sketch Plan South Dyer dated April 1, 2011, • Sketch Plan of North Brown dated October 22, 2013, • Sketch Plan of South Brown dated as last revised April 2, 2013; and WHERES, on March 12, 2020 the Town of Southold declared a state of emergency due to the COVID-19 Pandemic; and WHEREAS, Conditional Sketch Approval, granted by the Planning Board on December 2, 2019, expired on June 2, 2020 pursuant to Article V. Sketch Plat Review§ 240-14. Expiration of the Southold Town Code; and WHEREAS, on July 18, 2020 the applicant submitted an email requesting an extension from June 3, 2020 to June 2, 2021 of the Conditional Sketch Plan Approval to allow additional time to file the Final Plat Application; therefore be it RESOLVED, that the Southold Town Planning Board grants a retroactive extension of time to file the Final Plat Application from June 3, 2020 to June 2, 2021. The applicant is advised that a public hearing and additional design changes may be required prior to Final Plat Approval. The next step in the subdivision application process is to meet the conditions listed above and file a Final Plat application. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, �0.0 Donald J. Wilcenski Chairman Southold Town Planning Board Work Session —Au ust 101020 — Page-3 Project Name: Tuthill Conservation Subdivision SCTM#: 1000-17.-4-16, 17.-6-14.2, 18.- 3-30.3, 18.-6-17 3. 18-6-18.1 Location: 21505 Rt. 25, 21070 Rt. 25, 26975 Rt. 25, 7685 Narrow River Rd., 8070 Narrow River Rd., Orient Description: This proposal is for an 80160 Conservation Subdivision of four parcels SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6- 17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240- 42 G of the Southold Town Code. Status: Pending Action: Sketch Plan Approval Extension Attachments:. Staff Report Discussion: ❖ ZBA Request for Comments: Aldrich Lane Farm Labor Camp, 5645 Aldrich Lane, Mattituck, 1000-120.-3-11.13 & 11.14 (Comments Due: September 3, 2020) ❖ Town Board Request for Comments: Change of Zone application for the Walsh Park Benevolent Association. Property located on the southeast side of Winthrop Avenue at its intersection with Equestrian Avenue, Fishers Island. SCTM#1000-9-10-10 Southold Planning Department Staff Report Subdivision Application Work Session Review Date August 10, 2020 Prepared By: Mark Terry I. Application Information Project Title: Tuthill Oysterponds Holding Company Applicant: Tuthill Oysterponds Holding Company Date of Submission: July 3, 2014 Tax Map Number: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Project Location- 21505 Route 25 Hamlet: Orient Zoning District: R-80 & R-200 II. Description of Project Type of Subdivision: 80/60 Conservation Subdivision Acreage of Project Site: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTMs 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. III: Status Conditional Sketch Plan Approval IV: Action to review Request for Retroactive Extension V: Analysis • On December 2, 2019 the Southold Town Planning Board granted Conditional Sketch Plan Approval. • On March 12, 2020 the Town of Southold declared a state of emergency due to the COVID-19 Pandemic • The Conditional Sketch Approval granted on December 2, 2019 expired exceeding the 6 month maximum extension timeframe pursuant to Article V, Sketch Plat Review § 240-14. Expiration. of the Southold Town Code Southold Planning Department Staff Report On July 18, 2020 the applicant submitted an email requesting an extension from June 3, 2020 to January 31, 2021 of the Conditional Sketch Plan Approval to allow additional time. The supporting reasons stated by the applicant are as follows: It has been difficult to get key data needed to address the December 3, 2019 Conditional Sketch Plan Resolution due to COVID-19 quarantine and shutdown restrictions. Some resources important are still not accessible. 1. Further delays in getting access to the government resources to get the data required. Some groups are still not back to regular operations and there will likely be backlogs of work that have accumulated in the months operations were shut down. Also, COVID-19 rebounds could require more restrictions in the future. 2. Time it will take to get the Final Plat Drawings completed. Ideally, we can continue to work with the surveyor who has done all our application work to date. We are doing things on our end to minimize the work he will need to do. We will ask him for a timing commitment before we proceed with him. We will also explore other surveyors as backups. We know from prior inquiries that they will have to do completely new surveys including elevations because they cannot sign-off on another surveyor's work. This could considerably increase the cost for us. 3. Time it will take for us to get a Purchase of Development Rights (PDR) Offer from the Land Preservation Committee. We are eager to meet with the Committee to determine exactly what they need to begin the PDR process and how long they estimate it will take to give us their offer. As of last week, we learned the Committee was not actively working yet. VI: Items to Consider It is recommended that the Southold Town Planning Board grant a retroactive extension of time to file the Final Plat Application from June 3, 2020 to January 31, 2021. 7 From: Lanza, Heather Sent: Monday, July 20, 2020 3:45 PM To: Palmeri, Allison Cc: Terry, Mark Subject: FW: Request for extension of submitting a Final Plat Application For Subdivision Incoming mail 1V aurnll ng Board From: Carol Tuthill [anr �il<�E f� 1�Eaai( e7ho° �� E......... rn] Sent:Saturday,July 1.8, 2020 1:43 PM To.. I_.anza, Fieather<neather l�arazc� cDtow9—sautN��, d.n.y..Was>� 'Ferry, Mark���u�,P� ��r �f �r� aovv�.soruthoid.ray.E.a4> Cc: Efate I uthlll " : P�Erine r quinn(�i i;m, ��H � 4;Fm>p Elizabeth��Futhill <�� �tErilunllu���..i;za eiE � �,rr>y Ruth �Tuathill arc anclrutftic,rt� �Mu91 r k.�in�.A>r Martha Tuthill <r�t�tut��aE :,a�:zin�x net>; Kosta Bozzuto <kfh � utol��`l �:I.south nct.;To ._. _.. . Guinn Vt�i E0 �rqhgg cgm>, Carolyn.tTuthill <ct9-7i.)3 r. _V com> Lyle Tuthill <Ibtutliili�r)��otrnaii.._com>p.lulia tuthill �sli�C uli tutrsEll.cor p>; Carol Tuthill <ebtu.thi�lr��,ucatrrrt� 1 conk>p John ruthofl t €thtilll(r�bfrar,°rti, E r _rlct>p casey mulligan . .. <&mulll�an_��uchica�r�.r,(�iu>- .Eyler Burrage <brrrrc�g� f �°rr�Im il_cr�rn>--Jason Tuthill -Gmail <fbt���thill(��rn�ril.rc rr;>; _... - tuthili.srrti@gm��i acorn Subject: Request for extension of submitting a Final Plat Application For Subdivision To: Southold Town Planning Board (via Ms. Heather Lanza and Mr. Mark Terry) Subject: Tuthill Oysterponds Holding Cm pany 80 60 Conservation Subdivision Application Extension This requests an extension of the June 3, 2020 deadline for submitting the Final Plat Application for the Tuthill Oysterponds Holding Company 80/60 Conservation Subdivision. Section 240-14 (Action on Sketch Plan) Expiration states "The determination by the Planning Board shall be valid for a period of six months. This period ended on June 3, 2020. At this time, we are requesting an extension through January 31, 2021. Basis For Needing This Extensimon - It has been difficult for us to get key data needed to address the December 3, 2019 Conditional Sketch Plan Resolution due to COVID-19 quarantine and shutdown restrictions. Some resources important to us are still not accessible. This held up our ability to confirm feasibility of right-of-way requirements on North Brown and South Dyer and finalizing lot locations on all parcels. We think it's critical to make sure we are aligned with the Town Planning Board, Preservation Committee, Orient Fire Department, SCDHS and NYSDOT before we ask our Surveyor to prepare the Final Plat maps. Possibility of Further Extension Request -There are three things that could create a need for us to request a further extension. 1. Fu her delaysmmin_metting access to the government resources to get the data we require. Some groups are still not back to regular operations and there will likely be backlogs of work that have accumulated in the months operations were shut down. Also, COVID-19 rebounds could require more restrictions in the future. :t 2. Time it will take to get the Final'Plat Drawings completed. Ideally we can continue to work with the surveyor who has done all our application work to date. We are doing things on our end to minimize the work he will need to do. We will ask him for a timing commitment before we proceed with him. We will also explore other surveyors as backups. We know from prior inquiries that they will have to do completely new surveys including elevations because they cannot sign-off on another surveyor's work. This could considerably increase the cost for us. 3. Time it will take for us to Ret a Purchase of Development Rights PDR Offer from the Preservation Committee. We are eager to meet with the Committee to determine exactly what they need to begin the PDR process and how long they estimate it will take to give us their offer. As of last week, we learned the Committee was not actively working yet. We need to understand if the PDR offer is in the ballpark of what we feel is reasonable for us to proceed with our Subdivision Application. We appreciate your consideration of our extension request. Carol Tuthill - Managing Director Tuthill Oysterponds Holding Company ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. From: Terry, Mark Sent: Friday, March 06, 2020 11:59 AM To: Michaelis,Jessica Cc: Lanza, Heather Subject: FW: Road Specifications to the Tuthill Conservation Subdivision - North Brownb� Attachments: Dead EnclTurnarounds.docx �— �� Please file ..._... _... ...... w_ _m... . __. .. _. .... .._.... ._.. e. From: Easton, James Sent: Friday, March 06, 2020 11:36 AM l;ai9'rl Board To: Terry, Mark; Verity, Mike ...........................0 l°a�.ruir�uun 'i..:�: a��:u�:.l ........... Subject: RE: Road Specifications to the Tuthill Conservation Subdivision - North Brown Mark, Below are my recommendations for the first parcel of the Tuthill Conservation Subdivision:North Brown. 1. Right-of-way width—I recommend a 50' wide right-of-way reflected in the Town Code roadway construction specifications for a road servicing(or having the potential to service) 5 or more lots in an R-80 zone. 2. Pavement width - I recommend a 28' wide paved road width reflected in the Town Code roadway construction specifications for a road servicing 5 or more lots in an R-80 zone. 3. Turn around—there are alternatives available to a cul-de-sac. I have attached a diagram of turnaround options. There is a provision in the Town Code for the Planning Board, along with the approval of the Superintendent of Highways, to approve a minimum right-of-way width of not less than 25 feet. It is my understanding that the Orient Fire District has requested fire wells to be provided for water supply. If these wells will be located along the roadway in the same manner as a typical fire hydrant I'd recommend keeping the paved road surface a minimum of 26' wide. If the 26' width cannot be achieved for the entire length of the road, 26' wide bump-outs should be provided in the immediate area of the water supply. James Easton C0 Fire Marshal, Town of Southold E� iies f _�s���OthoY�'I�ta��n'Il'�✓C..��,�'k_ (W)631-765-1802 PlfIYEIEGEOANDNG'011YNTf41IWAIlb'NUTIvRN C'NNf1Z N[11111fYNOT/Cf. This electronic maillr 3rrsMrs sign is intended on/y far the use of the 1n6 rldaal or entity to which it is,e7ddrvS's•ed317d may contain currfderrtia/information belor)tting'to the sender which is protectedby pr°wilege if you are not the intended reci�jierrt,you are hereby rratr'ded that any disclosure,r ranyrn d'.,tribution,or the taking of any action in r,r'i0XE on the contents of this information is strictly is°ohrNated If you have received this tran;.y rnissian in error,Please notify the sender immediate/y bye-mai/and delete the on i1u1 rrressgye. From:Terry, Mark<mark.terry@town.southold.ny.us> Sent: Friday, February 7, 2020 8:21 AM To:Verity, Mike <Mike.Verity@town.southold.ny.us>; Easton,James<jamese@southoldtownny.gov> Subject: Road Specifications to the Tuthill Conservation Subdivision Mike/James, As discussed attached is the first parcel of the Tuthill Conservation Subdivision: North Brown. This parcel has the longest road proposed. Please provide the Planning Board with the following recommendations: 1 1. Right of way width 2. Pavement width 3. Turn around—an alternative to a cul de sac would be preferred, Thanks in advance. Mark Terry,AICP,APA Assistant Town Planning Director LWRP Coordinator Town of Southold 54375 State Route 25 P.O. Box 1179 Southold, New York, 11971 (631)765-1938 Mark.Terry@ own sotltmhoi—m_'d.n 2 Dead-End Turnaround Options — Minimum Required Dimensions ­26' r 6" R p " 'l" " .,,., "- r TYP 201 6' .�' � From: Terry, Mark Sent: Thursday,January 30, 2020 8:08 AM To: 'Lyle Tuthill' Cc: carol Tuthill;Alfred Cammisa;John Halsey Tuthill; Lanza, Heather; Bufkins, Erica Subject: RE: Tuthill No Brown Archaeology dig Lyle, We will make ourselves available. Let us know which dates are selected and I can reach out to the appropriate tribal members. Su -- - - I Mark Terry,AICIP,APA )AN 2 02,0 Assistant Town Planning IDirector ILWIRP Coordinator rJ,J 'Town of Southold !'lan1, rir, Leo-11 .......... 4375 State (Route 25 P.O. (Box 1179 Southold, New Porky 1197Il (631) '765-1938 Mark.'lieu r own.sa LILh,L lei ny �u5 From: Lyle Tuthill [rna.��ltq. bLtith° II6,+Ii t11"Pjl g prt!I Sent: Wednesday, January 29, 2020 3:36 PM To: Terry, Mark Cc: carol Tuthill; Alfred Cammisa; John Halsey Tuthill Subject: Tuthill No Brown Archaeology dig Mark, I hope all is still going well with you. All good here. Here's an update on our effort to fit in Al Camisa's archaeology dig for Native American burial sites on our North Brown parcel. Based on the recent weather and the next 2 week forecast for the local area we may have a chance to complete the work. Weather may be a little rainy but the ground should be good. I contacted Al today for his comments. He basically said he has the time but needs to contact the 3 other professionals who help him do the work. He expects to spend one full day with no overnight. Once we pick a date, Al has asked that we double check the ground for digging a day or two ahead which is something we can do. I'd appreciate your input on next steps. To proceed we need to check availability of the Native Americans and your office personnel for the GPS coordinates. Do you make those contacts? Right now we are waiting for Al's response. Hopefully we can define next steps early next week 1 Thanks, Lyle ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 OFFICE LOCATION: x m MAILING ADDRESS: Town Hall Annex " + P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY www.southoldtow-nny.gov COU , •�ter ' PLANNING BOARD OFFICE TOWN OF SOL➢THOLD December 3, 2019 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.D. Box 86 Orient, NY 11957 Re: Proposed Tuthill Conservation Subdivision Located at 21505 Route 25 SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Zoning District: R-80 and R-200 Dear Mr. Tuthill: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, December 2, 2019: WHEREAS, this proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area 112 acres) into 17 residential lots, with 94 acres to be preserved'. This project Includes the transfer of yield among the four parcels pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the Lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acre private right-of-way and 15.6 acres of preserved open space inclusive of 6 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property lincludes a 1.3 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. Tuthill Conservation Subdivision Page 12 December 3 2019 SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where ILot I equals 0,92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acres of unbuildable lands; and WHEREAS, on July 3, 2014 the agent submitted a Sketch Plan Application and fee in the amount of $500-00 with other required materials for submission pursuant to Article V Sketch Plat Review; and WHEREAS, on August 5, 2014 the Planning Board found the Sketch Plan Application complete; and WHEREAS, pursuant 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA), the Planning Board coordinated with all involved and interested agencies on October 8, 2014; and WHEREAS, no objections to the Planning Board taking lead agency were received by any coordinated agency; and WHEREAS, at the October 20, 2014 work session the Planning Board required a Visual Impact Study for the proposed action; and WHEREAS, on November 3, 2014 the Planning Board held a public hearing on the upon the maps entitled "Sketch, Plan North Dyer", "Sketch Plan South Dyer Lots", "Sketch Plan North Brown Lots", and "Sketch Plan South Brown" prepared by Nathan Taft Corwin 111, Land Surveyor, dated April 1, 2011 and last revised October 22, 2013; and WHEREAS, On December 15, 2014 due to public iinput the Public Hearing was held open; and WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (8) of the NY State Environmental Quality Review Act (SEQRA) "Any Unlisted Action that includes a non-agricultural use occurring wholly or partially within an Agricultural District (certified pursuant to Agriculture and Markets Law, Article 25-AA, Sections 303 and 304) and exceeds 25 percent of any threshold established in this section" is a Type I Action under SEQRA; and WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (5) of SEQRA, one of the thresholds established for a Type I Action is the following.- "Construction of new residential units that meet or exceed the following thresholds: 50 units not to be connected (at the commencement of habitation) to existing community or public water and sewerage systems including sewage treatment works" and 25 percent of this threshold equals 12.5 residential units; and WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (9) of SEQRA, another Type 1 Action is "any Unlisted Action (unless the action is designed for the preservation of the facility or site) occurring wholly or partially within, or substantially contiguous to, any historic Tuthill Conservation Subdivision Page 13 December 3 2019 building, structure, facility, site or district or prehistoric site that is listed on the National Register of Historic Places, or that has been proposed by the New York State Board on Historic Preservation for a recommendation to the State Historic Preservation Officer for nomination for inclusion in the National Register, or that is listed on the State Register of Historic Places (The National Register of Historic Places is established by 36 Code of Federal Regulation (CFR) Parts 60 and 63, 1994 [see 617.17]"; and WHEREAS, this proposed subdivision is located substantially contiguous to the Orient National Historic District located to the east of the South Dyer property; and WHEREAS, on January 12, 2015 the Planning Board, as Lead Agency, performed a coordinated review of this Type I action pursuant to 6 NYCRR Part 617, Section 1617.7 of the SEQRA; and WHEREAS, on January 12, 2015 the Public Hearing was adjourned 1 pending the receipt of a visual impact analysis; and WHEREAS, on March 10, 2015 the SEQRA public comment timeframe was mutually extended; and WHEREAS, on July 6, 2015, the Planning Board, pursuant to SEQRA, made a determination of significance for the proposed action and issued a Positive Declaration; and WHEREAS, on March 23, 2016 the Southold Town Planning Board, as Lead Agency, found that the Draft Environmental Impact Statement (DEIS) for the Tuthill Conservation Subdivision dated February 11, 2016 inadequate for public review; and WHEREAS, on, September 14, 2018 the applicant submitted a revised DEIS; and WHEREAS, on January 28, 2019 the applicant submitted a one page amendment to the original DEIS submission which has also been reviewed; and WHEREAS, on February 11, 2019 the Planning Board determined the DEIS to be adequate and ready for public review; and WHEREAS, on March 11, 2019 a public hearing on the DEIS was held and extended for two weeks for written comment to March 25, 2019; and WHEREAS, the Planning Board found that the number and content of substantive public comments on the potential moderate to large impacts to cultural resources required further coordination with the New York State Office of Parks Recreation and Historic Preservation and Native American Tribes; and WHEREAS on September 10, 2019 the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, hereby accepted the Final Environmental Tuthill Conservation Subdivision Page I4 December.3, 201 Impact Statement (FEIS) for the Tuthill Conservation Subdivision, dated as received September 9, 2019; and WHEREAS, on November 4, 2019 the Southold Town Planning Board adopted the Findings Statement for the Tuthill Conservation Subdivision, dated as received November 4, 2019 pursuant to Article 8 of the Environmental Conservation Law (State Environmental Quality Review Act) and the implementing regulations of 6 NYCRR Part 617; and WHEREAS, the proposed subdivision plat presents a proper case for requiring a park suitably located for recreational purposes, but that a suitable park cannot be properly located on such subdivision plat; and WHEREAS, the Planning Board pursuant to §161-15 the Southold Town Highway Superintendent approved the reduction in Highway Specifications to a 30' wide right of way on the North Dyer, South Dyer and, North Brown parcels, and WHEREAS, at their November 18, 2019 work session, the Planning Board waived the clearing restrictions required in § 240-49 Clearing of the Southold Town Code for the South Dyer and South Brown lots pursuant to Town Code § 240-56 Waivers of Certain Provisions due to the absence of vegetation, and WHEREAS, the pursuant to Town Code § 240-38, the Planning Board may waive the provision of any or all required improvements which, in its judgement and considering the special circumstances of a particular plat or plats, are not required in the interests of the public health, safety and general welfare; and WHEREAS, the Planning Board has found that street trees are not necessary to protect the public interest on the sections of proposed roads for South Dyer and North Brown that abut agricultural lands for the following reason: • Street trees, which are required to be planted outside the right of way on the adjacent parcel, will interfere with agricultural operations and may have adverse effects due to shading of crops; and WHEREAS, the Town Engineering Office and the Highway Superintendent have approved of the waiver of the street trees as described above; and WHEREAS, this is an 80/60 Conservation Subdivision comprised of 4 parcels and whereby Chapter 240 Subdivision: of Land of the Southold Town Code requires that the total percent preserved of buildable lands Must equal or be greater than 80 percent, a reduction in, 60 percent permissible density is met, and the total developed area must not be greater than 20 percent; therefore be it RESOLVED, that the Southold Town Planning Board, as described above, hereby finds that the proposed subdivision plat presents a proper case for requiring a park suitably located for recreational purposes, but that a suitable park cannot be properly located on Tuthill ConseLry ation Subdivision Pa e_t , —5 December 3,2019 such subdivision plat, and that the Planning Board will require a Park and Playground fee in the amount of $45,500 in lieu thereof; and be it further RESOLVED, that the Southold Town Planning Board hereby waives the requirement for street trees in certain locations as detailed above; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Sketch Plan Approval upon the maps entitled: • Sketch Plan North Dyer dated as last revised April 3, 2013, • Sketch Plan South Dyer dated April 1, 2011, • Sketch Plan of North Brown dated October 22, 2013, • Sketch Plan of South Brown dated as last revised April 2, 2013, with numerous conditions: 1. Approval by the Suffolk County Department of Health Services (SCDIAS) will be required prior to Final Plat Approval, and must include the use of innovative/alternative wastewater treatment systems (I/AOWTS) for Lots 1 through 17 when developed with a residential use, as permitted under SCDHS' Article 19. 2. Coordination with the Orient Fire District. 3. Organize the Subdivision map so that all four pages will be filed as one map containing four pages, one for each of the four properties. Add a page number label to each "Page 1 of 4", Page 2 of 4, etc. 4. Organize the road and drainage plans in a four-page document with page numbers "Page 1 of 4", etc. 5. The following changes to the Sketch Plans are required: • Provide one table with the 80/60 Conservation Subdivisions calculations for the existing four parcels, including a total for the four parcels combined. North Dyer a. Title the plat: Tuthill 80/60 Clustered Conservation Subdivision North Dyer Final Plat. b. Remove the Subdivision Report Table. c. Show a Lot Area Table on the plat that includes the total lot area for each proposed lot, unbuildable lands, the area of the right of way in the lot and square footage of areas to be cleared. Include each Open Space Area in this table. d. Lighten the Coastal Erosion Hazard Line and darken the seaward parcel boundary along the Long Island Sound. Tuthill Conservation Subdivision Rage 6 December 3 2019 e. Delete the line west of Lot 6 separating the two open space areas to form one contiguous area of open space. f. Label the three open space areas as "Open Space A, Open Space B and Open Space C". g. Straighten the rear lot lines of 4, 5 and 6, maintaining a minimum 100' setback from the wetland line. h. Show building envelopes on each lot with proposed setback distances labelled. i. Increase the width of the right of way to 30' and consider shortening. Retain the historic rock walls where possible. A turn-around design for fire apparatus is required. Permissible designs include a 120' Hammerhead, an Alternative to 120' Hammerhead or a 60 Foot "Y". An illustration of each design is attached. j. Divide the right of way proportionately between the six lots. Each lot will own a portion of the right of way. Include the square footage of the right of way in the Lot Area Table. k. Provide a name for the road. I. Show and label a 10' wide shoreline access from the end of the right of way over Lot 4. m. Show the relocated lot from South Dyer and label as lot 7. If the lot is to be located in the southeast of the parcel, retain or move the historic rock wall within the open space. n. North Dyer Road and Drainage Plan i. Submit 6 copies of a Road and Drainage Plan that satisfies the requirements mandated through §240-21 Technical requirements. ii. Title the plans: Final Road and Drainage Plans. iii, A 30' wide right of way and a 26' wide load bearing surface is required. Utilities can be located under the road. Include a centerline profile and road cross section, utility detail and asphalt apron design on the plans. iv. Drainage for the road is recommended as passive swales or similar for the private access road. Contact the office of the Town Engineer to discuss an alternative "greener" storm water control systems. V. Provide test hole data for each parcel. vi. Show street trees or identify existing trees that would be acceptable as street trees on each residential lot. Planted street trees shall be shown 40' on center. Trees that are identified in lieu of planting must also be shown on the final plat. The designation of existing trees will require consultation with planning staff. vii. Show property boundary concrete monuments. viii. Show fire well (to be determined). Tuthill Conservation Subdivision Pa j 7 December 3, 2019 ix. Add a notation "Refer to the corresponding Road & Drainage Plan, on file with the Southold Town Planning Department, for additional details and specifications for road and drainage construction South Dyer a. Title plat: Tuthill 80/60 Clustered Conservation Subdivision South Dyer—Finn[ Plat. b. Remove the Subdivision Report Table from the plan. c. Show a Lot Area Table on the plat that includes the total lot area, unbuildable lands (including the 54,985 sq. ft. of subdivision open space from past set-off to be reflected as unbuildable land in the Development Rights To Be Sold parcel), and the area of the right of way in each of the lots. d. The redesign of the parcel must achieve a minimum preservation of 80 percent of buildable lands, at least a 60 percent reduction in density and a maximum 20 percent development area on the parcel. e. Relocate one lot from the parcel to the North Dyer parcel. f. Include the farm stand in the development area calculations and attach the farm stand to the open space area with a dashed line. Label this area "Agricultural Development Area". g. Label the open space area as "Development Rights To Be Sold Area". h. Remove the 38,850 sq. ft. and 16,166 sq. ft. areas shown on the plan. The subdivision open space, which equals 54,985 sq. ft. from the set-off of SCTM#1 000-17-6-14.3, will be accounted for in the development rights easement as part of the open space and is not allowed to be "landed" as a separate lot area. i. Show building envelopes on each lot with proposed setback distances labelled. j. Increase the width of the right of way to 30'. A turn around design for fire apparatus is required. Permissible designs include a 120' Hammerhead, an Alternative to 120' Hammerhead or a 60 Foot "Y". An illustration of each design is attached. k. Divide the right of way proportionately between the four lots. Each lot will own a portion of the right of way. Include the square footage of the right of way in the Lot Area Table. 1. Provide a name for the road. m. If residential access to the Orient Harbor is proposed, show a 1 O' wide shoreline access. n. Add a notation "Refer to the corresponding Road & Drainage Plan, on file with the Southold Town Planning Department, for additional details and specifications for road and drainage construction. Tuthill Conservation Subdivision Pa L8 Decernber 3 2019 o, South Dyer Road and Drainage Plan i. Submit 6 copies of a Road and Drainage Plan that satisfies the requirements mandated through §240-21 Technical requirements. ii, Title the plans: Final Road and Drainage Plans. iii. A 30' wide right of way and a 26' wide load bearing surface is required. Utilities can be located under the road. Include a centerline profile and road cross section, utility detail and asphalt apron design on the plans. iv. Drainage for the road is recommended as passive swales or similar for the private access road. Contact the office of the Town Engineer to discuss alternative "greener" storm water control systems. V. Provide test hole data. vi. Show street trees on the east side of the proposed road where it is adjacent to the new lots. Street trees shall be planted 40' on center on each residential lot or submit a street tree fee in the amount for the total number of street trees calculated. vii, Show property boundary concrete monuments. viii. Show fire well. The location and specifications will be provided. North Brown a. Title plat: b. Tuthill 80/60 Clustered Conservation Subdivision North Brown- Final Plat. c. Delete the Subdivision Report Table from the plat. d. Show a Lot Area Table on the plat that includes the total lot area, the unbuildable lands, the area of the right of way and clearing limits both as a percentage and square feet. e. Extend the lot lines of 1, 2, and 3 to the northern boundary (tie line) of the parcel. This will eliminate the non-contiguous open space shown on the waterfront. f. Remove the notation "open space" north of the lots. A separate area of open space does not achieve the goals of this conservation subdivision. Open space must generally remain undivided. Relabel this area "Non-disturbance buffer". An alternative may be to redesign the lots to create a substantially contiguous open space lot that includes some of the bluff and beach. g. Show building envelopes on each lot with proposed setback distances labelled. h. Re-locate the access road to the west property boundary. Consolidate the future curb cuts to State Route 25, if possible, through an agreement to share an entrance with the adjacent parcel to the west with the access flag (SCTM# 1000- 18-3-9.2 (vacant)). i. Increase the width of the right of way to 30'. An alternative turn around design for fire apparatus is recommended. Permissible designs include a 120' Tuthill Conservation Subdivision Page 19 December 3, 2010, Hammerhead, an Alternative to 120' Hammerhead or a 60 Foot "Y" as illustrated in the attachment. J. Divide the right of way proportionately between the lots. Each lot will own a portion of the right of way. Include the square footage of the right of way in the Lot Area Table. k. The Planning Board will permit one, common shoreline access to be constructed through the non-disturbance buffer to the Long Island Sound in the covenants and restrictions. Do snot illustrate the access on the map. I. Label the open space area as "Development Rights To Be Sold Area" m. Show the maximum square footage to be cleared on each lot. The building envelopes cannot encroach into the areas that will remain un-cleared. n. Provide a name for the road. o. North Brown Road and Drainage Plan i. Submit 6 copies of a Road and Drainage Plan that satisfies the requirements imandated through §240-21 Technical requirements. ii. Title the plans: Final Road and Drainage Plans. iii. Provide test hole data. iv. A 30' wide right of way and a 26' wide load bearing surface is required. Utilities can be located under the road. Include a centerline profile and road cross section, utility detail and asphalt apron design on the plans. V. Drainage for the road is recommended as passive swales or similar for the private access road. Contact the office of the Town Engineer to discuss an alternative "greener" storm water control systems. vi. Show street trees or identify existing trees that would be acceptable as street trees on each residential lot. Planted street trees shall be shown 40, on center. Trees that are identified in lieu of planting must also be shown on the final plat. The designation of existing trees will require consultation with planning staff. vii. Show proposed locations of property boundary concrete monuments for each lot. viii. Show fire well. The location and specifications will be provided ix. Add a notation "Refer to the corresponding Road & Drainage Plan, on file with the Southold Town Planning Department, for additional details and specifications for road and drainage construction South Brown a. Title plat: Tuthill 80/60 Clustered Conservation Subdivision South Brown — Final Plat. Tuthill Conservation Subdivision Page 110 December 3, 201 - b. Attach Lot 1 to the open space area by replacing the solid line of the lot with a dashed line. Label the area as "Development Area". c. Label the open space area as "Development Rights To Be Sold Area" d. Clearing limits have been waived and therefore there is no need to provide calculations. e. Remove the Subdivision Report table from the plat. f. Show a Lot Area Table on the plat that includes the total lot area, the unbuildable lands, the Development Area without the driveway area, the area of the driveway, and the area of the Development Rights To Be Sold Area. g. The proposed width of 15' for the driveway is permissible. It is recommended that passive drainage is designed to manage stormwater. h. Show proposed locations of property boundary concrete monuments for the development area. i. Fire protection will to be determined by the Orient Fire District and details will be proved to you in the future. 6. Two copies of a cost estimate of public improvements required under Articles IX, Bonds and Other Security and X, Required Public Improvements, Inspections; Fees will be required to be submitted during the Final Plat application review. 7. During the Final Plat application review, attain coverage from New York State Department of Environmental Conservation (NYSDEC) under the Phase 11 State Pollutant Discharge Elimination System (SPDES) Program. Submit the NYSDEC SWPPP and NOI submission directly to the Department of Environmental Conservation for their review and approval. A copy of the SWPPP must also be submitted to the Town Engineering Department prior to any commencement of construction and/or the beginning of work. 8. The October 20, 2014 Southold Board of Trustees memorandum indicated that the proposed action is not within their jurisdiction except for shoreline access. A future permit from the Board of Trustees for shoreline access paths and structures will be required prior to construction. 9. Submit a Tidal Wetlands Permit, as required by the New York State Department of Environmental Conservation (NYSDEC). Application directly to the NYSDEC is required during the Final Plat application review. 1 O.A NYSDOT Highway Work Permit will be required for work within the NYS Route 25 right of way. Application directly to the NYSDOT is required during the Final Plat application review. 11.Submit agreed upon draft covenants and restrictions. A draft template will be provided by the Planning Department during the Final Plat application review. 12.A Park & Playground fee of $45,500 (13 x $3500.00) pursuant to §240-53 G of the Southold Town Code, will be required to be submitted prior to Final Plat approval. Tuthill Conservation Subdivision Pa a 11 December 3, 2019 13.An Administration Fee in the amount of$34,000 (17 x 2000.00) or 6% of the combined performance guaranty estimates, whichever is greater, pursuant to Southold Town Code §240-37 Administration fee may be required to be submitted prior to Final Plat approval. 14.Submit a Final Plat Application meeting all the requirements of Section 240-20 of the Southold Town Code. The applicant is advised that a public hearing and additional design changes may be required prior to Final Plat Approval. The next step in the subdivision application process is to meet the conditions listed above and file a Final Plat application. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman Encl. Fire Apparatus Access Road Turnaround Section D102 Required Access 13,102.1 Access and Loading Facilities, buildings or portions of buildings hereafter constructed shall) be accessible to fire department apparatus by way of an approved fife apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds (34 050 kg). Section D103 Minimum Specifications D103.1 Access Road Width With a Hydrant Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet (7925 mm), exclusive of shoulders (see Figure D103-1). 26, R 28'R TYR' 1 20' TYP' -20' 26'- 96'DINOETER 60-FOOT'Y' MINIMUM CLEARANCE CUL-DE-SAC AROUND A FIRE HYDRANT 28'R so 60' Typ., IN V 20 28 P TYR.' P,/X',E P aABLE-fi"IL I NA 10.2 k 10 121" For SI: 1 foot = 304.8 mrn. FIGURE D103.1 DEAD-END FIRE APPARATUS ACCESS ROAD TURNAROUND D103.2 Grade Fire apparatus access roads shall not exceed 10 percent in grade. Exception: Grades steeper than 10 percent as approved by the fire chief. D103.3 Turning Radius The minimum turning radius shall be determined by the fire code official, D103.4 Dead Ends Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) shall be provided with width and turnaround provisions in accordance with Table D103.4. TABLE D103.4 REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS LENGTH WIDTH TURNAROUNDS REQUIRED (feet) (feet) 0-150 20 None required 120-foot Hammerhead, 60-foot "Y"or 96-foot diameter cul-de-sac in 151-500 20 accordance with Figure D103.1 .... ......... 501-750 26 120-foot Hammerhead, 60-foot "Y"or 96-foot diameter cul-de-sac in accordance with Figure D103.1 Over 750 Special approval required For SI: 1 foot = 304.8 mm. V) , From: Lanza, Heather Sent: Thursday November 21 2019 3:33 PM �' d To: Michaelis,Jessica Subject: FW:Waving of Street Trees on Agricultural Lands Please print for the file. r a From: Orlando, Vincent Sent:Thursday, November 21, 2019 3:23 PM To:Terry, Mark<mark.terry@town.southold.ny.us>; Collins, Michael<michael.collins@town.southold.ny.us>; Richter,Jamie <Jamie.Richter@town.southold.ny.us> Cc: Duffy, Bill <billd@southoldtownny.gov>; Lanza, Heather<heather.lanza@town.southold.ny.us> Subject: RE: Waving of Street Trees on Agricultural Lands Hi Mark, As Superintendent of Highways of Southold Town, I do not have an issue with waiving section 240-38 requiring the planting of trees along the roadway. This road way is a private road in a conservation subdivision. Any questions, please do not hesitate to contact me. Vincent Orlando Town of Southold Superintendent of Highways Office: 631-765-3140 vincent.orlando a@town.southold.n CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From:Terry, Mark<mark err lnrru soutE�oNc9,g� ,> Sent: Wednesday, November 20, 2019 3:54 PM To: Orlando, Vincent<viticent.orlat'ido@towri.southold.i')Y„Lr Ss>; Collins, Michael <rTiichael:c:ogliits@towil,soaitiiold.iiy.trus>; Richter, Jamie <Jamie.Richter town.southold.n .us> y, dC soy i;aoldtowoouY. o >; Lanza, Heather<h tlir--r,latiza( ti wn.sotithold riy.i.as> Cc: Duff Bill <I�„il4 Subject: Waving of Street Trees on Agricultural Lands Good afternoon, 1. The Planning Board at the request of the applicants have agreed to support the waiving of street trees on land in current of future agricultural use on the Bing Conservation Subdivision and the Tuthill Conservation Subdivision . To waive the street trees, Section 240-38 Waiver of the Southold Town Code requires approval of Town Engineering Office and the Highway Superintendent. Section follows: With the approval of the Town Engineering Office and the Highway Superintendent, the Planning Board may waive the provision of any or all required improvements which in its judgment and considering the special circumstances of a particular plat or plats, are not required in the interests of the public health, safety and general welfare. For each waiver granted, the Planning Board shall enter upon the records its reasons why the particular improvement is not necessary and it shall attach appropriate conditions or require such guaranties as may be necessary to protect the public interest. We are seeking approval from both of your offices to waive the street trees on Lots 2 and 3 (Development rights proposed to be sold) of the Bing Conservation Subdivision and on the portions of the South Dyer and North Brown parcels for the Tuthill Conservation Subdivision (Development rights proposed to be sold). Roads constructed through these parcels will abut active agricultural lands. If approved, the resolution would include the following reason: WHEREAS, the Planning Board, pursuant to § 240-38 of the Southold Town Code hereby waives street trees on the South Dyer parcel access road (west side) adjacent to the open space agricultural area and on the North Brown access road located within the open space lot due potential conflicts with current or future agricultural use and practices. I am leaving on vacation so please reply to Heather with your decision. Mark Terry, AICP,APA Assistant Town Planning Director LWRP Coordinator Town of Southold 54375 State Route 25 P.O. Box 1179 Southold, New York, 11971 (631)765-1938 Mark.Terry@ own L thold.nn +pus 2 From: Lanza, Heather Sent: Thursday, November 21, 2019 8:21 AM �w. Iw To: Michaelis, Jessica Subject: FW:Waving of Street Trees on Agricultural Lands - Tuthill For the file From: Collins, Michael Sent:Thursday, November 21, 2019 8:20 AM To:Terry, Mark<mark.terry@town.southold.ny.us>; Orlando, Vincent<vincent.orlando@town.southold.ny.us>; Richter,Jamie <Jamie.Richter@town.southold.ny.us> Cc: Duffy, Bill <billd@southoldtownny.gov>; Lanza, Heather<heather.lanza@town.southold.ny.us> Subject: RE: Waving of Street Trees on Agricultural Lands Engineering has no objection to the street tree waiver, Michael Collins, P.E, Town Engineer Town of Southold (631) 765-1560 WtpL4/www.southoldt ...pwnny gmv/index.aspx?nid=195 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From:Terry, Mark<ma k text town.southold.n .us> Sent: Wednesday, November 20, 2019 3:54 PM To: Orlando,Vincent<viricec`rt.orlando@towri.soutliold, _yw r >, Collins, Michael <rnjc hael follailmm@trawn.soutmhol .ny,us>; Richter, Jamie <J mre.Ruchter town. outliold.ny.us> Cc: Duffy, Bill < ..iIld@�pauthoIdtownny.p,,,ov>; Lanza, Heather<heather.Ianzaw a un alatgl ejrl nm M.s> Subject: Waving of Street Trees on Agricultural Lands Good afternoon, The Planning Board at the request of the applicants have agreed to support the waiving of street trees on land in current of future agricultural use on the Bing Conservation Subdivision and the Tuthill Conservation Subdivision . To waive the street trees, Section 240-38 Waiver of the Southold Town Code requires approval of Town Engineering Office and the Highway Superintendent. Section follows: With the approval of the Town Engineering Office and the Highway Superintendent, the Planning Board may waive the provision of any or all required improvements which in its judgment and considering the special circumstances of a particular plat or plats, are not required in the interests of the public health, safety and general welfare. For each waiver granted, the Planning Board shall enter upon the records its reasons why the particular improvement is not necessary and it shall attach appropriate conditions or require such guaranties as may be necessary to protect the public interest. i We are seeking approval from both of your offices to waive the street trees on Lots 2 and 3 (Development rights proposed to be sold) of the Bing Conservation Subdivision and on the portions of the South Dyer and North Brown parcels for the Tuthill Conservation Subdivision (Development rights proposed to be sold). Roads constructed through these parcels will abut active agricultural lands. If approved, the resolution would include the following reason: WHEREAS, the Planning Board, pursuant to § 240-38 of the Southold Town Code hereby waives street trees on the South Dyer parcel access road (west side) adjacent to the open space agricultural area and on the North Brown access road located within the open space lot due potential conflicts with current or future agricultural use and practices. I am leaving on vacation so please reply to Heather with your decision. Mark Terry,AICP,APA Assistant Town Planning Director LWRP Coordinator Town of Southold 54375 State Route 25 P.O. Box 1179 Southold, New York, 11971 (631) 765-1938 Mark.Terry@town.southold.ny.us WYORK L, .. N� .. �� tiahoi��9aodaf ' Parks, Recreation, , �and Historic I ANDREW M.CUOMO ERIK KULLESEID Governor Commissioner November 18, 2019 .� Mr. Mark Terry Principal Planner Town of Southold Planning Department 54375 NY 25 Southold, NY 11971 Re: DEC North Brown - 80/60 Conservation Subdivision Open Development Area Tuthill Main Road (Route 25), Southold, NY 15PR00025 Dear Mr. Terry: Thank you for requesting the comments of the Division for Historic Preservation of the Office of Parks, Recreation and Historic Preservation (OPRHP). We have reviewed the submitted materials 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 (5NYCRR Part 617). Based on this review, it is OPRHP's opinion that the project will have no adverse impact on historic properties'listed in or eligible for the New York State and National Registers of Historic Place, under the condition that the attached proposed additional archaeological testing is conducted prior to ground disturbing activities. If further correspondence is required regarding this project, please refer to the OPRHP Project Review (PR) number noted above. If you have any questions, I can be reached at 518-268- 2186. Sincerely, Tim Lloyd, Ph.D., RPA Scientist- Archaeology timothy.Iloyd@parks.ny.gov via e-mail only Enc. (1) Division for Historic Preservation P.O.Box 189,Waterford,New York 12188-0189•(518)237-8643•parks.ny.gov TRACKER Archaeology Inc 62 Pickerel Rd., Monroe, NY 10950 September 16, 2019 Attn: Timothy Lloyd, Ph.D., RPA Scientist - Archaeology NYSHPO Peebles Island - POB 189 Watertford, NY 12188 Re: 15PR00025 Tuthill Subdivision - North Brown Burial Survey, Orient, Southold Dear Tim, Tracker Archaeology Inc. (Tracker) will conduct a Phase IB archaeological field testing for Orient Period burials along the proposed Tuthill subdivision on the bluff of North Brown. This project area is close by suspected Orient Period burials to the east, possibly along North View Drive and South View Drive which were reported by Roy Latham in the 1930's. Latham's notes describe the burial pits as large as 20 to 30 feet in diameter: -Orient Focus Site 1 was encountered near the project area while building a Boy Scout cabin, "in digging for sand at a depth of 5 feet artifacts were uncovered". Stratigraphy here was described by Latham as: about 2'feet of topsoil which included loam, gravel, & cobbles, over about 2 feet of coarse yellows sand (subsoil) over the grave. The grave soil was described as a floury whitish quartz sand. -Orient Focus Site 2, further east from the project area was discovered near ground surface as "a disturbed plot, a large oval pit 20 by 30 feet in dimensions...with no stains or occupational trash. At a depth of 60 inches the top of a large fireplace was exposed.." The project area is currently densely wooded with the exception of some wide paths the owner cleared for the 2015 Phase IB survey. The typical burial survey techniques of Ground Penetrating Radar & topsoil stripping would not easily work well in this type of dense thicket. Because of this and the need for a low impact testing method, a combined shovel and split spoon/hand auger boring for the potential burial shaft pits was decided upon. The Unkechaug and Shinnecock Indian Nation representatives had delineated 2 potential burial site areas within the project area during a field visit with the property owners and Town officials. These areas, which included higher ground, some with boulders, were flagged in the field at that time and mapped with the town's GPS mapping system. Tracker proposes an attempt of up to 12 deep shovel/hand auger tests in Area 1 which is approximately 3/4 acre. In Area 2, which is about 1/8 acre, we will attempt 3 deep shovel tests/hand auger bores. The deep tests/bores are planned to be about 4 to 5 feet deep. We plan to shovel test down as far as possible, about 2 to 2.5 feet and then use a hand auger to bore down the rest. We will be looking for a definitive change in stratigraphy. The deep tests will be placed next to certain isolated boulders or boulder clusters that could indicate potential burial markers. Other deep tests could be placed wherever possible given the thicket of vegetation. We welcome any representative of the Unkechaug or Shinnecock Nations to be present at the time of the deep testing. If any potential burial pits are encountered it is recommended to ground test these in the near future with a separate protocol. Sincerely, Alfred G. Cammisa, M.A., P.I. Tracker Archaeology VVII - J, } Co - i`v ip r m co ry /m „'J p M m w w w • d�( l G s,. 1 ✓ 4 �r Uk (11Y 1 • ,� w 1 bb N. CD N m 00 L , • wl' v s - L,co coUJ ` 6 1 r 371 �a • a � 1 N Icr nA n � m,v Ln • e/ 1 M N rn Q LCj C7 r " k a �a r r f by w. —1 O C% r CCY N sit i7 (D QY Y ) I 7 cf�CJ N A P CV A f O O -re�•e a �r �x -r rr -r v n �. mz -a �r. 7 x .�9.^ ,+r �5; g z �: c aO� D CO o 0 N AIr �1 ve c m er o u y N t -r -�J n y ,J Q U N Ul N h N cv CnV 'A 1'4 ! r X LL LLI O r_ U I— cv U (q T r r r s a c J a r�'EWYORK Parks, Recreation, STATE OF and Historic Preservation ANDREW M. CUOMO ERIKKULLESEID Governor Commissioner November 18, 2019 Mr. Mark Terry Principal Planner Town of Southold Planning Department 54375 NY 25 Southold, NY 11971 Re: DEC South Brown - 80/60 Conservation Subdivision Open Development Area Tuthill Main Road (Route 25), Southold, NY 15PR00024 Dear Mr. Terry: Thank you for requesting the comments of the Division for Historic Preservation of the Office of Parks, Recreation and Historic Preservation (OPRHP). We have reviewed the submitted materials 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 (5NYCRR Part 617). Based on this review, it is OPRHP's opinion that the project will have no adverse impact on historic properties listed in or eligible for the New York State and National Registers of Historic Place, under the condition that additional archaeological testing is conducted on Lot 1 and the proposed access road/driveway to evaluate potential impacts to the Five Acre Indian Village archaeological site (Site No. 10310.000008). If further correspondence is required regarding this project, please refer to the OPRHP Project Review (PR) number noted above. If you have any questions, I can be reached at 518-268- 2186. Sincerely, 6 Tim Lloyd, Ph.D., RPA Scientist-Archaeology timothy.Iloyd@parks.ny.gov via e-mail only Division for Historic Preservation P.O.Box 189,Waterford,New York 12188-0189•(518)237-8643•parks.ny.gov WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, November 18, 2019 4:00 p.m. Southold Town Meeting Hall 3:00 p.m. Executive Session —Advice from Town Attorney 4:00 p.m. Applications Project Name: Tuthill Conservation Subdivision SCTM#: 1000-17.-4-16, 17.-6-14.2, 18. 3-30.3, 18.-6-17.3, 18.-6-18.1 Narro1­1w River Rd , Orient f _ Location 21505 Rt. 25, 21070 25, 26975 Rt. 25, 7685 Narrow River Rd., 8070 This proposal is for an 80/60 Conservation Subdivision Description: � p p of four parcels SCTM#1000-17-4-16, 1000-17-6-14.2, 1000- 30.3 and 1000-18-6- 17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240- 42 G of the Southold Town Code. Status _ e ... . A.. Pendiri 6 Action: Conditions of Sketch Plan Approval _ d.. . _ ..... . m®... Attachments J Staff Report f Project Name: Peconic Bay Yacht ..._, . _ . l ht Club SCTM#: ; 1000-56-7-2 I Amended Location; ( 64300 Route 25, _ .. m .e... .... _... _ { 25, Greenport. _. Description: I This amended Site Plan is for a proposed 662 sq. ft.`dining room I addition to be built over an existing deck, on a site where there exists an 8,989 sq. ft. restaurant, 50 slip marina with dockmaster building, parking areas and site drainage on 3.27 acres, adjacent to a boat yard with 71 parking stalls on a 4.74 acre parcel (56.-7-4.1) both in the M-ll Zoning District. Status: New Application Co mpleteness ompleteness _ Attachments. Staff Report-,,, Pro�e j .ct Name: Pederson Standard Subdivision SCTM#: 1000-21-3-15 Location. 670 Circle Drive, East Marion Description: This proposal is for the Standard Subdivision of a 9.2-acre parcel into 3 lots, where Lot 1 is 5.1 acres, Lot 2 is 2.3 acres, and Lot 3 is 1.8 acres, in the R-40 Zoning District. Status: Fending Action: Preliminary Flat Completeness I Attachments: Staff Report Southold Planning Department Staff Report Subdivision Application Work Session Review Date November 18, 2019 Prepared By: Mark Terry I. Application Information Project Title: Tuthill Oysterponds Holding Company Applicant: Tuthill Oysterponds Holding Company Date of Submission: July 3, 2014 Tax Map Number: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Project Location: 21505 Route 25 Hamlet: Orient Zoning District: R-80 & R-200 II. Description of Project Type of Subdivision: 80/60 Conservation Subdivision Acreage of Project Site: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTMs 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. III: Status Review of Sketch Plan/ SEQR Process IV: Action to review Review Sketch Plan Conditions V: Analysis VI: Items to Consider PROPOSED SKETCH PLAN CONDITIONS 1. Approval by the Suffolk County Department of Health Services (SCDHS) will be required prior to Final Plat Approval, and must include the use of innovative/alternative wastewater treatment systems (I/AOWTS) for Lots 1 through 17 when developed with a residential use, as permitted under SCDHS' Article 19. Staff - PB SEAR finding to mitigate total nitrogen loading. Southold Planning Department Staff Report 2. Due to time passed, the Orient Fire District has requested that the application be re- coordinated with them upon receipt of the final plat. 3. Organize the subdivision map so that all four pages will be filed as one map containing four pages, one for each of the four properties. Add a page number label to each "Page 1 of 4", Page 2 of 4, etc. 4. Organize the road and drainage plans in a four-page document with page numbers "Page 1 of 4", etc. 5. The following changes to the Sketch Plans are required: Provide one table with the 80/60 Conservation Subdivisions calculations for the four parcels. a. North Dyer i. Title the plat: Tuthill 80/60 Clustered Conservation Subdivision North Dyer Final Plat. ii. Lighten the Coastal Erosion Hazard Line and darken the seaward parcel boundary (High water mark of the Long Island Sound). iii. Remove the Subdivision Report Table. iv. Show a Lot Area Table on the plat that includes the total lot area, unbuildable lands, the area of the right of way in the lot and square footage of areas to be cleared. Include each Open Space Area in this table. v. Delete the line west of Lot 6 separating the two open space areas. vi. Label the open space areas as "Open Space A, Open Space B and Open Space C". vii. Straighten the rear lot lines of 4, 5 and 6, maintaining the 100' buffer as a minimum. viii. Show building envelopes on each lot with proposed setback distances labelled. ix. Increase the width of the right of way to 30' and consider shortening. Retain the historic rock walls where possible. x. A turn-around design for fire apparatus is required. Permissible designs include a 120' Hammerhead, an Alternative to 120' Hammerhead or a 60 Foot "Y". An illustration of each design is attached. xi. Divide the right of way proportionately between the six lots. Each lot will own a portion of the right of way. Include the square footage of the right of way in the Lot Area Table. xii. Provide a name for the road. xiii. Show and label a 10' wide shoreline access easement from the end of the right of way over Lot 4. xiv. Show the relocated lot from South Dyer and label as lot 7. Locate the lot against NYS Route 25 and in the southeast of the parcel. Retain or move the historic rock wall within the open space. Southold Planning Department Staff Report Staff- SEQR findings require that one lot be transferred from South Dyer to North Dyer or North Brown. The Board has agreed to transfer the lot to North Dyer in the southeast corner of the parcel. xv. Road and Drainage Plan a. Submit 6 copies of a Road and Drainage Plan that satisfies the requirements mandated through §240-21 Technical requirements. b. Title the plans: Final Road and Drainage Plans. c. A 30' wide right of way and a 26' wide load bearing surface is required. Utilities can be located under the road. Drainage for the road is recommended as passive swales or French drains. Contact the office of the Town Engineer to discuss an alternative storm water control systems for the private roads. d. Provide test hole data for each parcel. e. Do not included street lighting - street lighting will be waived to preserve the night sky. Staff recommends to waive street lighting pursuant to § 240-56 Waivers of certain provisions of the Southold Town Code. The Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law. f. Show street trees or identify existing trees that would be acceptable as street trees. The designation of street trees will require consultation with planning staff. g. Show property boundary concrete monuments. h. Show fire well (to be determined). b. South Dyer i. Title plat: Tuthill 80/60 Clustered Conservation Subdivision South Dyer—Final Plat. ii. Relocate one lot from the parcel to the North Dyer parcel. iii. The redesign of the parcel must achieve a minimum of 80 percent of buildable lands and 20 percent development area on the parcel. Include the farm stand in the development area calculations and attach the farm stand to the open space area with a dashed line. Label this area "Agricultural Development Area" iv. Add the phrase "Development Rights To Be Sold" on the open space parcel. V. Remove the Subdivision Report Table from the plan. J Southold Planning Department Staff Report vi. Show a Lot Area Table on the plat that includes the total lot area, unbuildable lands (including the 54,985 sq. ft. of subdivision open space from past set- off), the area of the right of way in the lots and square footage of areas to be cleared. vii. Show building envelopes on each lot with proposed setback distances labelled. viii. Remove the 38,850 sq. ft. and 16,166 sq. ft. areas shown on the plan. . The subdivision open space, which equals 54,985 sq. ft. from the set-off of SCTM#1000-17-6-14.3, will be accounted for in the development rights easement as part of the open space and is not allowed to be "landed" as a separate lot area. ix. Show building envelopes on each lot with proposed setback distances labelled. X. Increase the width of the right of way to 30'. xi. A turn around design for fire apparatus is required. Permissible designs include a 120' Hammerhead, an Alternative to 120' Hammerhead or a 60 Foot "Y". An illustration of each design is attached. xii. Divide the right of way proportionately between the four lots. Each lot will own a portion of the right of way. Include the square footage of the right of way in the Lot Area Table. xiii. Provide a name for the road. xiv. Clearing limits will be waived for the lots and therefore there is no need to provide calculations. xv. If residential access to the Orient Harbor is proposed, show a 10' wide shoreline access. xvi. Road and Drainage Plan a. Submit 6 copies of a Road and Drainage Plan that satisfies the requirements mandated through §240-21 Technical requirements. b. Title the plans: Final Road and Drainage Plans. c. A 30' wide right of way and a 26' wide load bearing surface is required. Utilities can be located under the road. Drainage for the road is recommended as passive swales or French drains d. Provide test hole data. e. The road specifications include a 30' wide right of way with a 26' load bearing surface. Include a centerline profile and road cross section, utility detail and asphalt apron design on the plans. (NYSDOT) f. Contact the office of the Town Engineer to discuss an alternative "greener" storm water control systems for the private roads g. Do not included street lighting - street lighting will be waived pursuant to pursuant to § 240-56 Waivers of certain provisions of the Southold Town Code to preserve the night sky. h. Show street trees on the east side of the proposed road, spaced at 40' on center. i. Show property boundary concrete monuments. j. Show fire well (to be determined). 4 Southold Planning Department Staff Report c. North Brown i. Title plat: Tuthill 80/60 Clustered Conservation Subdivision North Brown- Final Plat. ii. Show a Lot Area Table on the plat that includes the total lot area, the unbuildable lands, the area of the right of way and clearing limits. iii. Extend lot lines of 1, 2, and 3 to the northern boundary (tie line) of the parcel. The quit-claim deed indicates that the parcel extends to the high water mark of the Long Island Sound. iv. Remove the notation "open space" north of the lots. Open space upon which development rights are proposed to be sold is to remain undivided. Relabel this area "Non-disturbance buffer". V. Show building envelopes on each lot with proposed setback distances labelled. vi. Re-locate the access road to the west property boundary. Consolidate the curb cuts if possible with the access flag serving SCTM# 1000-18-3-9.2 (vacant). Staff— SEQR finding made by Planning Board to mitigate impacts to community character. vii. Increase the width of the right of way to 30'. viii. Divide the right of way proportionately between the lots. Each lot will own a portion of the right of way. Include the square footage of the right of way in the Lot Area Table. ix. An alternative turn around design for fire apparatus is recommended. Permissible designs include a 120' Hammerhead, an Alternative to 120' Hammerhead or a 60 Foot "Y" as illustrated in the attachment. X. The Planning Board will permit one, common shoreline access to be constructed through the non-disturbance buffer to the Long Island Sound in the covenants and restrictions. Do not illustrate the access on the map. xi. Show the maximum square footage proposed to be cleared on each lot. The building envelopes cannot encroach into the areas that will remain un- cleared. xii. Provide a name for the road. xiii. Delete the Subdivision Report Table from the plat. xiv. Road and Drainage Plan a. Submit 6 copies of a Road and Drainage Plan that satisfies the requirements mandated through §240-21 Technical requirements. b. Title the plans: Final Road and Drainage Plans. c. Provide test hole data. d. A 30' wide right of way and a 26' wide load bearing surface is required. Utilities can be located under the road. Drainage for the road is recommended as passive swales or French drains. 5 Southold Planning Department Staff Report e. The road specifications include a 30' wide right of way with a 26' load bearing surface. Include a centerline profile and road cross section, utility detail and asphalt apron design on the plans. (NYSDOT) f. Contact the office of the Town Engineer to discuss an alternative "greener" storm water control systems for the private roads g. Do not included street lighting - street lighting will be waived pursuant to pursuant to § 240-56 Waivers of certain provisions of the Southold Town Code to preserve the night sky. h. Show street trees or identify existing trees that would be acceptable as street trees on North Brown. The designation of street trees will require consultation with planning staff. Street Trees along the active agriculture areas may be waived by the Planning Board upon submission of a written request. Staff— It is recommended that street trees along the active agriculture areas are waived pursuant to § 240-56. Waivers of certain provisions of the Southold Town Code. k. Show proposed locations of property boundary concrete monuments for each lot. I. Show a fire well (location to be determined). d. South Brown i. Title plat: Tuthill 80/60 Clustered Conservation Subdivision South Brown — Final Plat. ii. Attach Lot 1 to the open space area by replacing the solid line of the lot with a dashed line. Label the area as "Development Area". iii. Clearing limits will be waived for this lot and therefore there is no need to provide calculations. iv. Remove the Subdivision Report table from the plat. V. The 15' wide driveway is permissible. It is recommended that passive drainage is designed to manage stormwater. vi. Fire protection is to be determined by the Orient Fire District. 4. Submit two copies of cost estimate of public improvements required under Articles IX, Bonds and Other Security and X, Required Public Improvements; Inspections,- Fees. 5. Attain coverage from New York State Department of Environmental Conservation (NYSDEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. Submit the NYSDEC SWPPP and NOI submission directly to the Department of Environmental Conservation for their review and approval. A copy of the SWPPP must also be submitted to the Town Engineering Department prior to any commencement of construction and/or the beginning of work. 6 Southold Planning Department Staff Report 6. The October 20, 2014 Southold Board of Trustees memorandum indicated that the proposed action is not within their jurisdiction except for shoreline access. A permit from the Board of Trustees for shoreline access paths and structures will be required prior to construction. 7. Submit a Tidal Wetlands Permit, as required by the New York State Department of Environmental Conservation (NYSDEC). Application directly to the NYSDEC is required. 8. A NYSDOT Highway Work Permit will be required for work within the NYS Route 25 right of way. Application directly to the NYSDOT is required. 9. Submit agreed upon draft covenants and restrictions. A draft template will be provided by the Planning Department during the Final Plat application review. 10.A Park & Playground fee of $45,500 (13 x $3500.00) pursuant to §240-53 G of the Southold Town Code, will be required to be submitted prior to Final Plat approval. 11.An Administration Fee in the amount of $34,000 (17 x 2000.00) or 6% of the combined performance bond estimates, whichever is greater, pursuant to Southold Town Code §240-37 Administration fee, will be required to be submitted prior to Final Plat approval 12.Submit a Final Plat Application meeting all the requirements of a conservation subdivision and §240-20 of the Southold Town Code. 13.Submit proof of contract of Development Rights sale to The Town of Southold or Suffolk County to this office. 7 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex � sd ifl� " P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southol dtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review Findings Statement November 4, 2019 Conservation Subdivision for Tuthill Oysterponds Holding Company SCTM#'s_1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-647.3 Southold Town Planning Board, as Lead Agency, on November 4, 2019 adopted the attached Findings Statement for the Tuthill Oysterponds Holding Company Conservation Subdivision in consideration of the FEIS and pursuant to Article 8 of the Environmental Conservation Law (State Environmental Quality Review Act) and the implementing regulations of 6 NYCRR Part 617.The Findings Statement can be reviewed at the following locations: 1. Southold Free Library 53705 Main Road Southold, NY 11971 Phone: (631)765-2077 Mon. - Fri. 9:30 a.m. - 9 p.m. Sat. - 9:30 a.m. - 5 p.m. Sun. - 1 p.m. - 5 p.m. 2. Southold Town Planning Department Southold Town Hall Annex 54375 NYS Route 25 Southold, NY 11971 Phone: (631)765-1938 Mon. - Fri. 8:00 a.m. -4:00 p.m. 3. Town of Southold Website at the following link: htt ://24.38.28.228:2040M/ebLink/Browse.as x?startid=875156&dbid=0 You may request a paper copy of the Findings by calling the Southold Town Planning Department at (631)765-1938. If you have any questions regarding this information, please contact the Planning Department. INVOLVED AGENCIES ARE REQUIRED TO MAKE THEIR OWN FINDINGS ON THE ACTION. Respectfully, Donald J. Wilcenski Chairman OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex I P.O. Box 1179 54375 State Route 25 � „�_�� Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NYw Telephone: 631 765-1938 www.southoldt ownny.gov CZAIVr PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 8, 2019 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: SEAR Findings Statement Adoption Proposed Tuthill Conservation Subdivision Route 25, Orient SCTM#s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Zoning District: R-80 and R-200 Dear Mr. Tuthill: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, November 4, 2019: WHEREAS, on March 23, 2016 the Southold Town Planning Board, as Lead Agency, found that the Draft Environmental Impact Statement (DEIS) for the Tuthill Conservation Subdivision dated February 11, 2016 inadequate for public review; and WHEREAS, on, September 14, 2018 the applicant submitted a revised DEIS; and WHEREAS, on January 28, 2019 the applicant submitted a one page amendment to the original DEIS submission which has also been reviewed; and WHEREAS, on February 10, 2019 the Planning Board determined the DEIS to be adequate and ready for public review; and WHEREAS, on March 11, 2019 a public hearing on the DEIS was held and extended for two weeks for written comment to March 25, 2019; and WHEREAS, the Planning Board found that the number and content of substantive public comments on the potential moderate to large impacts to cultural resources required further coordination with the New York State Office of Parks Recreation and Historic Preservation and Native American Tribes; and Tuthill Conservation a g e 2 Nove} ry) ber 8 201 9 Subdivision WHEREAS, on September 9, 2019 the Planning Board accepted the Final Environmental Impact Statement dated September 9, 2019; therefore be it RESOLVED, that the Southold Town Planning Board, as Lead Agency, hereby adopts the attached Findings Statement for the Tuthill Conservation Subdivision pursuant to Article 8 of the Environmental Conservation Law (State Environmental Quality Review Act) and the implementing regulations of 6 NYCRR Part 617. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman Encl. cc: Scott Russell, Southold Town Supervisor Southold Town Clerk for Southold Town Board Southold Town Zoning Board of Appeals Southold Town Building Department Southold Town Engineer Southold Town Police Department Southold Town Local Waterfront Revitalization Program Coordinator Southold Town Architectural Review Committee Southold Town Highway Department Southold Fire District Orient Fire District Suffolk County Department of Health Services Suffolk County Water Authority Suffolk County Planning Commission Suffolk County Legislator NYS DEC - Stony Brook NYS DEC - Commissioner NYS Department of Transportation NYS Department of State NYS Natural Heritage Program Environmental Notice Bulletin File OFFICE LOCATION: � � ,, MAILING ADDRESS: Town Hall Annex soy P.O. Box 1179 54375 State Route 25 :, Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD STATE ENVIRONMENTAL QUALITY REVIEW ACT FINDINGS STATEMENT TUTHILL OYSTERPONDS HOLDING COMPANY CONSERVATION SUBDIVISION HAMLET OF ORIENT, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK Date: November 4, 2019 This Findings Statement is issued pursuant to Article 8 of the Environmental Conservation Law (State Environmental Quality Review Act—SEQRA) and the implementing regulations therefor at 6 NYCRR Part 617. PROJECT LOCATION: Hamlet of Orient, Town of Southold,,Suffolk County,New York SUFFOLK COUNTY TAX MAP NUMBERS: Section 1000- SCTMs 1000-17-4-16, 1000-17-6-14.2, 1000-18- 3-30.3 and 1000-18-6-17.3 APPLICANT: Tuthill Oysterponds Holding Company Conservation Subdivision Contact: Lyle and Carol Tuthill LEAD AGENCY: Town of Southold Planning Board 54375 Main Road P.O. Box 1179 Southold,New York 11971 Contact: Donald J. Wilcenski, Chairman (631) 765-1938 PREPARER& CONTACT: The Final Environmental Impact Statement was prepared by: Town of Southold Planning Department Southold Town Annex 54375 State Route 25 P.O. Box 1179 Southold,New York 11971 Contact: Mark Terry, AICP, Assistant Director of Planning (631) 765-1938 DATE OF PREPARATION: November 4, 2019 AVAILABILITY OF DOCUMENT: This document is available for public review at the offices of the Lead Agency, 54375 Route 25, Southold,New York 11971. It is also available electronically at the following address: 1st,1 lfwww,sorl ;ltca ���n; gv. DATE OF FILING: November 4,2019 The Town of Southold), as lead agency, subsequent to review of the Draft Environmental Impact Statement(DEIS) and the Final Environmental Impact Statement(FEIS) prepared in accordance under SEQRA hereby certifies that: > it has considered the relevant environmental impacts, facts and conclusions disclosed in the DEIS and FEIS; > it has weighed and balanced relevant environmental impacts with social, economic and other considerations; > the requirements of 6 NYCRR Part 617 have been met; > consistent with social, economic and other essential considerations from among the reasonable alternatives available, the action described below is one that avoids or minimizes adverse environmental impacts to the maximum extent practicable; and > adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating, as conditions to the decision, those [nitigation measures that were identified as practicable during the environmental review process and as set forth herein. 2 Description of Action This proposal is for an 80/60 Clustered Conservation Subdivision of four parcels SCTM Ws 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240-42 G of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 5.7 acres of unbuildable lands. North Dyer is located on the n/s/o NYS Route 25, approximately 366 feet west of Oysterponds Lane, in Orient. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots and includes a reserve area for agricultural related use where the lots and reserve area range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 14.6 acres of unbuildable lands. South Dyer is located on the s/s/o NYS Route 25, approximately 460 feet west of Oysterponds Lane, in Orient. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. North Brown is located on the n/s/o of NYS Route 25, approximately 2,223 east of Platt Road, in Orient. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acre of unbuildable lands. South Brown is located on the s/s/o NYS Route 25, approximately 1,960 feet east of Platt Road, in Orient. 3 Facts Conclusions and Mitigation Measures In accordance with 6 NYCRR §617.11, the Planning Board has considered the DEIS and FEIS for the proposed action and certifies that it has met the requirements of 6 NYCRR Part 617. The commentary received from involved agencies and interested parties was used in the analysis of significant impacts to the environnient, and this Findings Statement contains the facts and conclusions in the DEIS and FE�JS relied upon by the lead agency to stipport its decision and indicates those factors that formed the basis of the decision. Further, upon due consideration and among the reasonable alternatives available, the Planning Board, as lead agency, has determined that based upon the potential significant environmental impacts identified in the documents, the following includes the mitigation measures to be incorporated into the decision to ensure that such impacts will be avoided or minimized to the maximum extent practicable. On-yanization This document includes text(in italics) outlined in the Positive Declaration followed by the Lead Agency's discussion and findings. Impacts on Surface ,and GroundNvater Potential moderate to large impacts to groundwater quantity, groundwater quality and surface waters resulting from the development of the parcels in an area not served by community sewer or public water with reliance on a sole source aquifer for potable water. Potential Impacts: 1. Impacts of Sanitary Systems on Ground and Surface Waters The potential for adverse impacts to ground and surface water quality by the construction of new sanitary systems on the 17 lots were assessed. To mitigate adverse impacts to ground and surface water quality, the Planning Board is requiring the installation of innovative alternative wastewater treatment systems (I/A OWTS) for all wastewater disposal on the residential lots. In a January 27, 2019 email sent to the Planning Board, the applicant agreed to install these types of sanitary systems. The Planning Board finds that: Traditional septic systems are not permitted to be used on the lots in this subdivision. The use of an innovative/alternative wastewater treatment system (I/A OWTS), as permitted under Suffolk County Department of Health Services' Article 19, or future technology that accomplishes the goal of reducing or removing pollutants from wastewater effluent as well as, or better than the I/A OWTS systems referenced above, is required for all lots shown on the Subdivision Map. The Planning Board finds that potential moderate to large impacts from sanitary systems on ground and surface waters are low. 2. Impacts from Stormwater Runoff to Surface Waters The proposed action will generate stormwater runoff capable of entering surface waters. The Planning Board finds the following mitigation necessary to reduce and minimize adverse impacts from storm water runoff to surface waters. 1. Stormwater runoff will be collected, stored, and infiltrated to groundwater via private storm water collection systems which should include passive drainage (swales) for road systems, green infrastructure treatments (vegetated infiltration basins) and minimal catch basins, piping, drywells and drainage reserve areas. 2. All construction must comply with Chapter 236 Stormwater Pollution Prevention regulations that require all development to contain storm water runoff on site. 5 3. A determination from the NYSDEC for the need to develop and file a Stormwater Pollution Prevention Plan(SWPPP) will be required to be submitted to the Planning Board. 4. If a SWPPP is required it will outline all measures that will be required to prevent stormwater runoff from leaving the site and affecting neighboring properties both during construction and after. A copy of the SWPPP shall be filed with the Town of Southold Office of the Engineer. Based on the above mitigation, the Planning Board finds that potential moderate to large impacts from storm water runoff to surface waters are low. 3. Impacts on Groundwater Quality The largest potential for impacts to surface and groundwaters result from the nitrogen (N) inputs from atmospheric deposition and sanitary systems in unsewered areas. Orient is unsewered. The Environmental Protection Agency (EPA) and SCDOH standards has adopted the 10 mg/L standard as the maximum contaminant level (MCL)for nitrate- nitrogen and I mg/L for nitrite-nitrogen for regulated public drinking water systems. High levels of nitrate in groundwater have been shown to cause Methemoglobinemia (blue baby syndrome) when consumed. As discussed above, recent regulatory and technological improvements to treat sanitary wastewater has resulted in a Planning Board policy to require IIA OWTS for all newly created lots in Orient. The use of these systems will mitigate and reduce nutrient loads to groundwater. (Positive Declaration) The parcels and greater Orient are not served by public water. New private wells served by groundwater will be required to provide potable water to the 17 future residences. The action required an assessment of water availability of potable water source and the impacts on existing and future development on groundwater supply including the use of irrigation. Discussions included the impact to adjacent parcels water supply (zone of influence), nutrient loading, potential contamination and the threat of salt water intrusion on private wells. Potable water supply to Orient is sustained from a sole source aquifer and the protection and conservation of ground water is critical due to the geography and geology of the Orient peninsula. The Planning Board recognizes that the following challenges pose a threat to providing sustainable, potable, water supply to Orient: 1. Shallow freshwater lens and saltwater intrusion. 2. Overuse of potable water in irrigation. 3. Degradation of groundwater quality from the use of chemicals and fertilizers. 4. Disposal of sanitary waste. 6 The Planning Board finds that: As indicated above and to mitigate adverse impacts to groundwater quality, the Planning Board will require the installation of I/A OWTS on the residential lots. Potable water is available to the 17 residential lots. The applicant had provided a comprehensive water analysis for each lot in 2017 and on South Dyer Lots 2 and 4 in 2018 in the DEIS (Appendix F). Results show that water quality meets SCDOH standards for each lot. The SCDHS will require that additional test wells be conducted (one per lot) to confirm that the water well installation can be achieved in accordance with guidelines. The Planning Board finds that: The landowners have significantly mitigated potential moderate to large adverse impacts to groundwater quality through the voluntary participation in the 80/60 Clustered Conservation Subdivision program. By doing so, the preservation of 72.61+ acres of the buildable lands through the sale of development rights coupled with a reduction in density (from 42 potential residential lots to 17) reduces the long-term, cumulative impacts to groundwater quality. The Planning Board finds that: To further protect groundwater quality,the applicant has agreed to apply the following Best Management Practices for fertilization, herbicides and pesticides on each lot. a. Only apply fertilizer if more than 20' away from surface water or within 3' of a 10'+vegetative border; or within 3' of surface water if the spreader has a guard deflector shield or is a drop spreader. b. Only apply organic fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture may be utilized on the lots. c. Maximum of 1 pound of nitrogen per 1000 square feet in any one application, with a cumulative application of no more than 2 pounds per 1000 square feet per year d. Phosphorus containing lawn fertilizer is prohibited unless establishing a new lawn or soil test shows that the lawn does not have enough phosphorus. The phosphorous level must be 0.67 or lower unless a soil test indicates it's needed. e. Synthetic herbicides and pesticides will be prohibited. f. The use of Agricultural Environmental Management(AEM) practices are encouraged for agricultural operations. Mitigation to address Saltwater Intrusion in Private Wells. The Positive Declaration included a concern that the water supply demand from the proposed action,may exceed sale and Sustainable withdrawal capacity rate of the local supply, or aquifer. There remains a pending concern about the deptlx of the freshwater lens 7 relative to the saltwater/freshwater interface and future saltwater intrusion potential in water supply wells. The Planning Board finds that: The following to minimize saltwater intrusion to well heads over time is necessary. 1. Water supply wells shall be spaced evenly and as far from the edge of the shore as possible to minimize saltwater intrusion. 2. The installation of low flow wells with a maximum 10 gallons per minute (gpm) flow rate. This will help prevent the upcoming of saltwater to the water supply well over time. Significant adverse impacts to groundwater quality are not expected. 4. Impacts on Water Quantity and Conservation The annual water consumption for the 17 single family residences is estimated at 5,100 gallons per day(gpd). Traditionally, around 40 percent or 2,040 gpd of the 5,100 gpd is expected to be lost to irrigation with anticipated recharge loss (e.g. surface runoff, eval,)otranspiration)to the aquifer. The use of potable water to irrigate turf and landscaped areas poses a significant, long term adverse impact and is unsaastainable on the groundwater resources in Orient. The Planning Board recognizes that the preservation ol'70.24+acres of buildable lands coupled with a reductioti,in density (from 42 potential residential lots to 17) will contribute to water quantity conservation, provide important areas for groundwater recharge and minimize potential moderate to large impacts; however,to preserve the long term viability of the sole source aquifer in Orient. The Planning Board finds that the following mitigation is required: 1. The use of low-flow plumbing fixtures. 2. Irrigation controls: The following is required to reduce residential irrigation in areas not connected to public water. a. Plants used in landscaping shall be native and drought-tolerant. b. The use of drip irrigation systems is recommended. Rain barrels are encouraged. c. Total long-term permanent irrigation of each lot will be limited to 15% of the lot area not improved with structures. d. Soil moisture sensors will be used with irrigation systems, to water only when necessary during times of low soil moisture. e. Lawn areas will be seeded with improved turf species with deeper root systems and greater drought tolerance,thus requiring less irrigation than conventional turf species. 8 Significant adverse impacts to groundwater quantity are not expected. 5. Impact to Flooding The proposed action may result in, or require, modification of existing drainage patterns (Positive Declaration). The alteration of existing drainage patterns will occur as result of the construction of the road and lots. Stormwater will be controlled on-site. The Planning Board finds the following: 1. The applicant shall contact the NYSDEC to determine the need for a SWPPP as indicated above. Nevertheless, all storm water generated from this site is required to be disposed of on site. 2. Alternative 1 will be applied. The applicant has provided Alternative 1, which relocates one lot from South Dyer to North Dyer and adjust the 4 remaining lots to the east of the existing farm road. 3. A single Family Residence constructed on South Brown located within(FEMA Flood Zone AE El 6) will comply with FEMA Flood Zone Construction Standards. 4. The North Dyer, South Dyer and North Brown residential lots where structures would occur are not located within mapped flood zones. 5. Future construction on South Dyer should account for sea level rise to prevent loss. As a result of the above specified mitigation, adverse impacts to existing drainage patterns are low. 6. Impact on Agricultural Resources The proposed action could result in moderate to large iinpacts ol.a substantial change in the use, or intensity' of'use, q "land includingpritne agricultural soils, Agricultural District and open space or in its capacity to support existing uses. a"outla;l�,z�rery North Broii,n and South prom's properties are listed within the Agricultural District. (Positive Declaration) 1. Loss of agricultural soil. The proposed action may impact soil classified within Soil Group I through 4 of the NYS Land Classification System. (Positive Declaration) The DEIS states that the proposed action includes 69 acres of Soil Groups 1-4 combined. With the implementation of Alternative 1, 9 acres of prime agricultural soils will be impacted by development. A total of 60 acres of Soil Groups 1-4 will remain. undeveloped. The minimal loss of soils classified as productive agricultural soil is an unavoidable impact. The majority of the soils groups will be preserved and retained for agricultural opportunities under this proposal. 9 The Planning Board finds the following: 1. The landowners have voluntarily participated in the 80/60 Clustered Conservation Subdivision program. By doing so, the preservation of 95.91+acres or 85 percent of the combined 112.84 acre parcels through the sale of development rights coupled with a reduction in density (from 42 potential residential lots to 17) contributes to the protection of agricultural soils. 2. Residential lots are clustered to areas not currently farmed on North Dyer and North Brown parcels. 3. Three residential lots were transferred off of the South Brown parcel to protect agricultural soils on that parcel. a. The proposed action may sever, cross or otherwise limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc). (Positive Declaration) The subdivision access roads on all parcels have been designed to not sever, cross or limit access to agricultural land, use current unpaved farm roads to form the new access roads where possible and to cluster the lots on North Brown and South Dyer parcels to not interrupt farm management practices. b. The proposed action may result in the excavation or compaction of the soil profile of active agricultural land. The development of seventeen (17) single family residential lots and associated roadways will result in compaction of the soil profile of active agricultural lands. (Positive Declaration) The DEIS included a discussion on the potential loss of agricultural lands/soils and the mitigation which was achieved by the proposed Conservation Subdivision. Due to the reduction in development area the compaction of the soil profile of active agricultural lands is not significant. c. The proposed action may irreversibly convert agricultural land to non-agricultural uses, either more than 2.5 acres if located in an Agricultural District, or more than 10 acres if not within an Agricultural District. South Dyer, North Brown and South Brown are listed in an Agricultural District. The proposed action ivc)uld irreversibly con vert agricultural lands to non-agricultural (residential) use ivithin the district. (Positive Declaration) Planning Board Findings: An assessment on the severity of impacts to the Agricultural District was discussed in the DEIS (2016) and revised DEIS (2018). 10 A total of 5.13 acres within the Agricultural District will be impacted if a Clustered Conservation Subdivision is developed (3.88 acres on South Dyer and 1.25 acres on South Brown). Consequently, the impact on the Agricultural District is low. d. The proposed action may disrupt or prevent installation of an Agricultural Land Management System. (Positive Declaration) South Dyer,North Brown and South Brown parcels are all actively farmed. The DEIS includes a discussion on the impacts and/or mitigation (if any) which resulted from the proposed Conservation Subdivision. The Planning Board is encouraging the applicant to utilize Agricultural Stewardship Programs that are currently implemented by Suffolk County and the Cornell Cooperative Extension of Suffolk County to improve agricultural BMPs by reducing the amounts of nitrogen and pesticides reaching ground and surface waters to the greatest extent practicable. More information on the New York State AEM program can be found at: http://www.nys-soilandwater.org/aem/index.html. e. The proposed action may result, directly or indirectly, in increased development potential or pressure on farmland. (Positive Declaration) The Planning Board finds that the proposed 80/60 Clustered Conservation Subdivision will not significantly increase development potential or pressure on farmland. f. The proposed project is not consistent with the adopted municipal Farmland Protection Plan. (Positive Declaration) Consistency with the Southold Town Farm and Farmland Protection Strategy (2000) and Community Preservation Project Plan(2008) was discussed in the DEIS. The action will remove acreage from the Town's total available agricultural lands, however, the area removed is not significant in area. The 80/60 Clustered Conservation Subdivision proposed is consistent with the intent of both the Towns' Farmland Protection Strategy and the Community Preservation Project Plan. 2. Erosion The loss of topsoil through erosion when the soil is exposed is possible during construction. (Positive Declaration) The following will be required to mitigate the potential of erosion impacts and sedimentation due to construction activity: 1. Clearing and grading will be scheduled to minimize the size of exposed soil areas and the length of time areas are exposed. 11 2. Limits of clearing will be established on North Dyer,North Brown and South Brown and staked. 3. Sediment barriers (silt fence) will be installed in critical areas for erosion control purposes including the down-slope limit of all cleared/graded areas. No sediment from the site will be permitted to wash onto adjacent properties, surface waters or roadways. 4. Existing vegetation on North Dyer,North Brown and South Brown to remain will be protected and remain undisturbed during construction. 5. Erosion control measures will remain in place until disturbed areas are permanently stabilized: 6. A stabilized construction entrance will be maintained to prevent soil and loose debris from being tracked onto adjacent roadways. 7. Paved areas and drainage system will be cleaned and flushed out as necessary to remove any silt and debris. 8. Non disturbance Buffers -A 100' wide non-disturbance, vegetated buffer from the top of bluff landward shall be required on North Dyer and North Brown as depicted on the filed plat. In consideration of the required mitigation specified above, adverse impacts on Agricultural Resources are low. 7. Impacts on Plants and Animals The proposed action may result in a reduction or degradation of habitat used by rare, threatened or endangered species, as listed by New York State or the Federal Government and other wildlife through the clearing on woodland on North Dyer and North Broi�,n parcels to site lots and coYastruct access road and clearing of treed windbreaks on North Brown, The Planning Board finds the following: 1. A total of 95.91+/- acres of open space to beset aside as open space (80 percent of the site) will contribute to preserving plant species and providing wildlife habitat. 2. A 100' wide non-disturbance, vegetated buffer from the top of bluff is required on North Dyer and North Brown parcels preserving plants and wildlife. 3. Clearing limits are required on lots that contain existing vegetation. 4. Clearing for construction shall occur between November 1"and May 31 st to minimize impacts to wildlife. 5. Existing trees on the edges of the natural areas and open fields with high wildlife value, such as oak species, will be preserved to the greatest extent practicable and if they will not interfere with necessary farming, grading and drainage. 12 6. Windbreaks to provide wildlife habitat shall be preserved on North Brown where possible. 7. The preservation of protected species shall be achieved by the following: The Eastern Box Turtle, as a New York State-listed species of Special Concern, requires some measure of protection to ensure that the species does not become threatened. Species of special concern are protected wildlife pursuant to Environmental Conservation Law section 11-0103(5)(c). To minimize the loss of Eastern Box Turtles on the North Dyer and North Brown parcels, any clearing at the site scheduled from April 15 through October 15 will be preceded by wildlife sweeps following the protocol below: a. Prior to the commencement of any vegetative clearing activity, temporary turtle barriers shall be installed around the limits of work and pre-construction turtle surveys must be conducted during appropriate weather conditions. Turtle barrier design specifications will be provided by the Lead Agency, however they are basically the same as silt fencing(without hay bales), and can likely serve both purposes. b. Installation of the temporary turtle barriers must minimize vegetation disturbance. No clearing may occur outside the Limits of Work. c. The bottom of the silt fencing must be buried in a 4-6 inch deep trench. The trench must be backfilled and compacted. If it is not possible to dig a trench,then the bottom of the barrier must be affixed to the surface. d. The silt fencing must be composed of at least 2 Meet of vertical barrier above ground. Once installed, the barrier shall be taut between the stakes. Slumps or loose materials will undermine the effectiveness of the barrier.No hay bales or other backing material shall be used. e. The limits of work must be encircled completely by the silt fence to exclude turtles from entering the area, but able to be opened for equipment to go in and out during working hours (and closed again at the end of the work day). f. The turtle barrier (silt fencing) should be installed immediately prior to the required survey. g. Turtle barriers may not be removed from the site until that phase of the project is complete and is stabilized by vegetation. h. Timing of survey i. The survey for Eastern Box Turtles must be conducted immediately preceding clearing activity. ii. Surveys must be conducted at the time of peak activity for turtles, to the greatest extent practicable and as advised by the herpetologist: i. Any box turtles found during the search will be captured and relocated to an undisturbed area on the property as far from the proposed clearing as possible. j. Documentation and results of the survey must be provided to the Planning Department as soon as possible after completion. 13 8. Northern long-eared bat(Myotis septentrionalis) A ril 1 to Octobc� 31 Clearhi g, Restrictions During this period of time,NLEB are active and are within the forested landscape. The following restrictions are required unless a permit is obtained from the DEC: No cutting of any trees may occur within the `A mile buffer around a hibemaculum. ➢ Please note that if you plan any tree clearing activities within `A mile of a hibernation area for NLEB, you may be required to obtain a permit from the US Fish and Wildlife Service and DEC. • For cutting of trees in occupied NLEB habitat outside of the `/4 mile buffer around hibernacula or within 1.5 miles of a summer occurrence: ➢ The following are restrictions that must be followed for forest management activities at this time of year: o Leave uncut all snag and cavity trees unless their removal is necessary for protection of human life and property. For the purposes of this guidance,protection of human life and property includes removal of trees that, if not removed, could result in the loss of electric service. Snag and cavity trees are defined under DEC Program Policy ONR- DLF-2 Retention on State Forests. o Leave uncut all known and documented roost trees, and any trees within a 150 foot radius of a documented summer occurrence. o Please note that if you plan any tree clearing activities within 150 feet of a summer occurrence for NLEB during June or July, you may be required to obtain a permit from the US Fish and Wildlife Service and DEC. o If any bats are observed flying from a tree, or on a tree that has been cut, forestry activities in the area should be suspended and DEC Wildlife staff notified as soon as possible. If a project cannot follow the restrictions above, a permit from DEC under Part 182 would be required. November I to ��Carc I ;le�r��i can oce'll1- During this period of time, the NLEB are inactive and are within the hibernation sites. • No cutting of any trees may occur within the `A mile buffer around a hibernation site. • No activities that may result in disturbance to a hibernation site including, but not limited to, actions that would alter the hydrology, increase noise or introduce fill may occur. 14 o Please note that if you plan any development or tree clearing activities within '/4 mile of a hibernation area for NLEB, you may be required to obtain a permit from the US Fish and Wildlife Service and the DEC. • For cutting of trees outside of the `/4 mile buffer around hibernacula: o No restrictions, with the following voluntary measures recommended: ® Leave uncut all known and documented roost trees, and any trees within a 150 foot radius of a documented summer occurrence. • Leave uncut all snag and cavity trees unless their removal is necessary for protection of human life and property. For the purposes of this guidance, protection of human life and property includes removal of trees that, if not removed, could result in the loss of electric service. Snag and cavity trees are defined under DEC Program Policy ON.R-DLF-2 Retention on State Forests. The NYSDEC contact for the Long Eared Bat is Ms. Michelle Gibbins at (631) - 444- 0306. Potential moderate to large adverse impacts to the NLEB will be minimized by avoiding vegetative clearing during breeding and hibernation seasons. 9. Spring peepers (Pseudacris crucifer) The occurrence of Spring peepers or habitat thereof on site could not be verified by field observations and site analysis. No mitigation to prevent impacts to the species or habitat is proposed. Based on the foregoing, all significant adverse impacts to vegetation and wildlife have been mitigated to the greatest extent practicable. Adverse impacts to plants and animals are low. 8. Land Use, Zoning and Plans Current land use of Orient is residential and agriculture. The action proposes seventeen(17) new residential lots on four (4) separate parcels. Lots have been clustered to meet the requirements of the Town of Southold Conservation Subdivision 80/60 Program where 80% of buildable lands is required to be preserved and the total yield of a parcel is reduced by 60%. The proposed construction of single family residences and protection of open space do not conflict with the Agricultural Conservation and (AC) and Residential 80 (R-80) honing District. The purpose of the zoning district is as follows: The puipose ofthe Agricultural-Conservation (4-Q District and the Lo tt, Density Residential R-8'0, .d -120, R-00 and R-400 Districts is to reasonably control and, to the extent possible,prevent the unnecessary loss of those currently open lands within the Town containing large and contiguous areas ofprime agricultural soils which are the 15 basis for a srgrrificantportiOli cif the Tbivn's economy and those Oreos u4th sensitive environmental e areas rind blu n, addition, these ftatures, including aqu�fer recharg bluffs. I areas provide the open rural environment so high1l), valued buy 1,var-round residents and thf,,)se pet-sons ivh() ,suj,,?port the 7ojvn ol'Southold's recreolion, resort and second-home econon�j� The econonfic, social and eiesthelic benefits ivhich can be obtainedlbr(1/1 citizens by limiting loss of such areas are i+,ell docninerilet'l and have in-spire(I a host t,#" governmental programs designed, with varying degrees of success, to achieve this result. For its part, the Tr:ivn is expe nding large sums of money to protect existing farm acreage. At the same time, the Town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legilinia(e interests C I riners and other farmland owners. 1.1-te proposed action is not in significant conflict with the purpose of the zoning district. One family detached dwelling (single family residences) are a permitted use and mitigation to sensitive environmental features, farmland and the aesthetic character of fl-ke Town has been achieved through clustering and design of the subdivision in this instance. The Bulk Schedule of the R-80 Zoning District requires 80,000 square foot lots however, when an applicant is proposing to subdivide a parcel equal to or greater than 7 acres; Section 240- Clustering of the Town Code applies and lots are reduced in size (clustered) to less that' 80,000 square feet. The reduction in square footage of each lot is proportionate to the amount of land area required to be preserved and the number of lots (density) proposed. The proposed action is not in conflict with zoning or adopted Town plans. In consideration of the land area proposed to be preserved through the sale of development rights, clustering of lots and other mitigation described, moderate to large adverse impacts to land use or zoning will not occur as a result of this action. 9. Consistency with Community Plans a. The proposed action's land use components may be different from, or in sharp contrast to, current surrounding land use pattern(s). (Positive Declaration) The action being proposed is a 80/60 Conservation Subdivision and, therefore, the expected impacts to land use patterns is low. I lie action supports the existing land use pattern(s) of mixed agricultural and residential uses in,the Town of Southold. 10. Impacts on Archaeological Resources The proposed action ina.Y occur wholly or partial4,within, or substantially contiguous to, ato,, buildings, archaeological site or district which is listed on or has been nominated by the NYS Board of Historic Preservation,lbr inclusion on the State or National Register of Historic Places. The proposed action may occur wholly or partially within, or substantially contiguous to, an area designated as sensitive for archaeological sites on the NY State Historic Preservation ( (f ree (SHT'l.).i Archaeological Site Inventory. 16 The profosed action may result in the desiruction or ahercition qfall or part of1he , site or property on the North Brown and South Brown i,3arcels The"proposed action may result in the alteration of the property's setting or inlegrily��- eci'ficilnpelcfs may include: 1. Potential disturbance of unknown Native American burial sites on the North Brown parcel. 2. Potential disturbance of sites once inhabited by Native Americans on the South Brown parcel. (Positive Declaration) The Division for Historic Preservation of the Office of Parks, Recreation and Historic Preservation(OPRHP) and the New York's State Historic Preservation Office (SHPO) was contacted early in the subdivision process and a response was received on (March 13, 2015) that the agency concurred with the recommendation that a Phase I B archeological investigation is warranted on each of the four parcels prior to any proposed development that would involve ground disturbance ("NYSCRIS). The Phase 113 field investigation.was recommended by a previous Phase IA documentary Study conducted on the property. Based on new information found in OPRHP database, presented at the public hearing and in consultation with local Native American Tribal Councils, the Planning Board finds the following: North Dyer and South Dyer Archeological sites were not identified as occurring or potentially occurring on the North Dyer or South Dyer parcels. North Brown and South Brown The following conditions shall apply to all and any ground disturbance on the North and South Brown parcels and shall be recorded in the Final Plat resolution, Covenant and Restrictions and Town of Southold inter-departmental Municity database. Ongoing or future agricultural operations and practices shall be excluded from the conditions. North Brown a. A Phase I B cultural survey shall be conducted within the areas identified and Tagged during the July 2, 2019 Native American consult and field inspection. No ground disturbance within these areas shall occur prior to completion of the survey and the findings are published and made available to the Tribal Council of the Unkechaug Indian Nation, the Shinnecock Indian Nation and any and all parties who wish to receive a copy. b. Agricultural operations or practices condueled in, the open space areas as shown, on, the Final Plat are excludedfi-m-n the above conditions. 17 South Brown a. A Phase II investigation to evaluate the site for eligibility for listing in the State National Registration of Historic Places shall be conducted by the landowner or future landowners prior to any ground disturbance. b. A Phase IB archaeological survey of the proposed route of the driveway to Lot 1 shall be conducted by the landowner or future landowners prior to any ground disturbance. c. Agricultural operations or practices conducted in the open space areas as shown on the Final Plat are excluded from the above conditions. The potential occurrence of Native American burial grounds or individual burial pits where the residential lots are located on the North Brown parcel and the known burial sites that occur in the Browns Hills subdivision to the east supports the relocating of the access road from the east side of the North Brown parcel to the west side of the parcel. With the relocation, the consolidation of curb cuts or merging with the access serving SCTM# 1000-18-3-9.2 (vacant) is recommended. The relocation of residential lots from South Brown or South Dyer to the North Brown parcel would not avoid or reduce moderate to large adverse impacts to potential Native American archaeological sites and therefore, such relocation is not recommended. All known archeological resources will be preserved to the greatest extent practicable under New York State Law. Orient Historic District The proposed action may result in the introduction of visual elements which are out of character with the Orient Historic District, or may alter its setting or character or properties listed in the New York State National Registers of Historic places (S/NRHP)from the future development of the North Dyer and South Dyer parcels including the construction of single family residential structures and accessory buildings not in conformance with the scale, mass, architecture or overall character of the District. (Positive Declaration) Chapter 170 Landmark Preservation of the Southold Town Code establishes the review of certain actions within the Town's Historic Districts by the Town Historic Preservation Commission. The proposed lots on South Dyer are not located within the Town of Southold's adopted Orient Historic District boundary and therefore review of future single family residences is not required. g y . _. t Historic District will be .�...�review_ �._ future srr��l,q tarr�.r� resrclsacs wrt�l�r the Orren__.._...m.. ' __.. on found at the link: Thea�i�l mcd l � thcl RHP try t17 Stnardw fdr Peserati.__.._ :li vvwry .n ovlT / t r d r i llo�rr-twTe trnontsltr atn`Wont-reehabilit tlon.lit The Planning Board is requiring the following condition to be recorded within a Covenant and Restriction. 18 1. Plans including site plans and elevation plans for all structures proposed to be constructed on South Dyer shall be submitted to the Senior Historic Site Restoration Coordinator, NYS Division of Historic Preservation of the Office of Parks, Recreation and Historic Preservation for review and comment prior to construction. In consideration of the work completed to assess the presence or absence of Native American sites and potential adverse impacts to cultural resources and the required mitigation outlined; significant, adverse impacts to known historic and archaeological resources are not anticipated. 11. Impacts on Aesthetic Resources a. Proposed action may be visible from any officially designated federal, state, or local scenic or aesthetic resource. Positive Declaration b. The action may impact scenic view sheds identified(in public testimony) as important to the community. Positive Declaration Proposed action will be visible from State Route 25, A New York State Designated Byway and Orient Harbor. The property known as South Dyer is south of the State Route 25 a New York State Scenic Byway. The scenic view from the roadway has been identified as important by the community and the property owners. In 2000, the property owners placed a term scenic easement on the property which recognized the scenic importance. The action proposes to construct five (5) single family residential homes on the parcel. The potential impact from the siting and scale of the homes could be moderate to large based on lot size. Positive Declaration All four parcels are located north and south of NYS Route 25, a designated scenic byway. Impacts to the scenic view shed have been significantly minimized by reducing density, the potential purchase of development rights and by clustering of the residential lots. The applicant in the revised DEIS (2018) agreed to apply Alternative 1 which relocates one residential lot from the South Dyer parcel The 2018 DEIS includes a conceptual layout of the four lots on South Dyer. Lot sizes range from 31,258 square feet to 38,470 square feet. The applicants have stated that future construction of"homes" on each parcel would be in character with existing homes in the Orient Historic District. c. The proposed action may result in the obstruction, elimination or significant screening of one or more officially designated scenic views. Positive Declaration The proposed action will not result in the obstruction, elimination or sigLfiticant screening of officially designated scenic views from public vantage points. d. The proposed action may be visible from publicly accessible vantage points. Positive Declaration 19 The proposed four lots located on South Dyer and North Dyer will be visible seasonally and year round by travelers using NYS route 25. On South Dyer, the four lots are clustered to the east and adjacent to existing development to minimize obstruction of the scenic view shed east and south over South Dyer from NYS Route 25. The remaining and currently farmed area(15.55 acres) is proposed to have development rights sold. Lots will not be visible from NYS Route 25 on the North Brown or South Brown parcels. On the South Brown parcel a single family residence would be visible from Narrow River Road, however, the structure is significantly set back from the road and is expected to not be obtrusive. e. The situation or activity in which viewers are engaged while viewing the proposed action. Positive Declaration The South Dyer and North Dyer parcels will be visible by routine travel by residents, including travel to and from work and recreational or tourism based activities on NYS Route 25,Narrow River Road and Orient Harbor. f. The proposed action may ca°ttse a diminishment o0he pt.thlic enjoyment and appreciation of the designated aesthetic resource, Positive Declaration The preservation aegt.t:irenaent of the Conservation Subdivision program and subdivision. process requires that scenic quality is considered in design as a secondary conservation area. Man clustering of lots achieves a continuous area of"open space' in nIost cases unless extenuating circumstances are presented. Residential lots are not located against NYS Route 25 and are set back to leave"open space" areas in the view sheds from NYS Route 25 across the parcels. Planning Board Findings: 1. The lots will be clustered to not interrupt or obstruct the scenic view shed from NYS Route 25 and Orient Harbor. 2. Land area upon which development rights are sold will be designed to achieve maximum scenic quality. 3. The proposed action does not propose to alter or demolish any existing building on or off site. Future construction of residences on North Brown, South Brown or North Dyer will not significantly impact properties on or eligible for inclusion in the National or State Register of Historic Places. 4. The proposed residential use is compatible with and does not conflict with the existing historic, neighborhood setting of the hamlet of Orient and the Orient Historic District. The South Dyer property is zoned Residential 80 (R-80) and the properties to the north, west and south are also zoned R-80 and Residential 40 (R-40). 20 5. The DEIS indicates that future construction of single family residences and accessory buildings will meet zoning of the R-80 district and include architecture compatible with the character of existing homes found within the Orient Historic District on South Dyer. The proposed action is not expected to result in moderate to large impacts to aesthetic resources. 12. Impacts on Critical Environmental Areas a. The proposed action may result in a reduction in the quality of the resource or characteristic which was the basis for designation of the CEA. Portions of the South Dyer parcel are located within a NYSDEC Critical Environmental Area (Peconic Bays and Environ). Positive Declaration The proposed 80/60 Clustered Conservation Subdivision design on South Dyer will not result in moderate to large impacts to a NYSDEC Critical Environmental Area(CEA). The continued operation of the aquaculture operations provides benefit to the water quality and biodiversity of the CEA. Adverse impacts to the Critical Environmental Area are low. 13. Consistency with Community Character a. The proposed action may create a demand for additional community services (e.g. schools, police and fire). Positive Declaration The DEIS states that if all 17 lots were developed as year round occupancy, the total increase in population would likely be about 37-41 people, based on the average household size of Orient and Southold Town, respectively. This represents a 5-6% increase versus the 709 people living in Orient in 2000, but would be 8% below the 817 people in 1990. For the Town of Southold the increase would be 0.2% versus the 2000 census (pg. 31). Due to the aging population of Orient residents, the class size of the Orient Union Free School District is low. The introduction of school aged students to the population would be beneficial for the system. Public safety will be provided by both the Southold Police Department and the Orient Fire Department. Education for school aged children will be provided by the Oysterponds Union Free School District. Coordination with the Orient Fire District to determine if fire protection is adequate has been conducted and the following comments received: 21 1. Prior to building on any of the parcels except South Brown (1000-18-6-17.3), the Fire District requires that the subdivision have either a 10,000 gallon per minute draft well with a maximum 15'depth to water. Any wells over 15' depth to water must be electric. There must be 15' area of access around the tank or well. Installation should be placed as noted on the attached Sketch Plans. 2. The Fire District must be contacted for specifics on well or tank fittings. 3. All parcels except South Brown must have larger sized cul-de-sac end of road turn-arounds, at least 25'wide to allow fire truck access and turn around space. 4. All roads must be maintained to have 15' by 15'clearance as per Town Code Moderate to large impacts to community services are not expected as a result of constructing 17 single family residences. b. The proposed action is inconsistent with the predominant architectural scale and character. The applicant has revised the DEIS submitted in 2019 to include Alternative 1; re- locating one lot from South Dyer to North Dyer. This would result in four lots proposed on South Dyer. The final location of the one lot transferred to North Dyer is not known at this time. The applicant has discussed a small lot area adjacent to NYS Route 25 in the southeast corner of the parcel. If this area is the final location, the NYS Division of Historic Preservation of the Office of Parks requested that they have the opportunity to review the proposed placement. On South Dyer residential homes would not obstruct, eliminate or significantly screen the view from NYS Route 25 or Orient Harbor due to mandatory clustering of the lots. Furthermore on North Dyer, only two of the six house lots are visible from NYS Route 25. The remaining four are set back from the road. The Planning Board is requiring that the architectural style of the future single family residences proposed on South Dyer is reviewed b the O11RI? IP. The purpose of the review is to insure compatibility with the existing scenic character as related to architectural scale and character. The character of North Dyer,North Brown and South Brown is preserved through subdivision design. On the North Brown and South Brown parcels the proposed lots are not visible from NYS Route 25 so there would be no adverse impact to the scenic character. A single family residence constructed on South Brown would be visible from Narrow River Road, however, the impact to the view shed would be low. Moderate to large adverse impacts to architectural scale and character will not occur as a result of this action. 22 The Planning Board finds that: 1. The proposed action is an 80/60 Clustered Conservation Subdivision thereby reducing and minimizing moderate to large adverse impacts to community character. 2. On South Dyer 80 percent of buildable lands or 15.55 acres will be required to be preserved to protect the scenic character of active agriculture and open space (Orient harbor). Development will be restricted to 20 percent of the buildable lands including the area occupied by Latham's Farm Stand. 3. Residential lots are clustered in the east of the parcel adjacent to existing development and within the Orient Historic District. This design forms a contiguous block of agricultural soils and farmland. 4. Future build out of lots (including architecture and scale) on South Dyer and North Dyer(if lot is located adjacent to the Orient Historic District) will require review by the Senior Historic Site Restoration Coordinator,NYS Division of Historic Preservation of the Office of Parks, Recreation and Historic Preservation and the Town Southold Historic Preservation Commission. 5. Road specifications will be modified on North Dyer, South Dyer and North Brown with approval from the Town of Southold Highway Superintendent to lessen impacts to community character. 6. On North Brown the subdivision access road shall be relocated from the east property boundary to the west property boundary to protect the community character. Curb cuts shall be consolidated where possible. The proposed action will not result in moderate to large adverse impacts to community character. 14. Alternatives Alternative 1. Move One Lot from South Dyer Alternative 1 has been offered by the landowner and is required to be incorporated within the subdivision design. One lot will be relocated from South Dyer parcel to the North Dyer parcel. The relocation of the lot mitigates moderate to large adverse impacts to agricultural soils, active farmland, groundwater and surface waters, designated scenic byways and scenic view sheds important to the community. The relocation of one lot may also minimize adverse impacts to the Orient Historic District. Alternative 2. No Action Alternative Based on the forgoing discussion of the impacts and proposed and required mitigation; the no action alternative is not being pursued. The landowners have proposed an 80/60 Clustered Conservation Subdivision meeting many of the Town goals. 23 Alternative 3. Development of a Standard Subdivision This alternative will not be pursued to develop a standard subdivision on the four parcels. A standard subdivision would result in greater residential density, less land preserved and greater impact on the environment and to the Orient peninsula. Alternative 4. Alternative Wastewater Management Systems The revised DEIS submitted in 2018 included a fourth alternative that discussed the effectiveness and costs of I/A OWTS. The Planning Board is requiring the installation of I/A OWTS or similar technology on all residential lots. The system is not currently specified. Cumulative Impacts No significant, adverse cumulative impacts have been identified. 24 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, November 4, 2019 4:00 p.m. Southold Town Meeting Hall 3:00 p.m. Executive Session — Advice from Town Attorney 4:00 p.m. Applications i 18Project Name: Tuthill Conservation SubdivisonSCTM#: 0 , . . , 330.3, 18.-6-17.3, 18.-6-18.1. Location: 21505 Rt. 25, 21070 Rt. 25, 26975 Rt. 25, 7685 Narrow River Rd., 8070 Narrow River Rd., Orient Description. This pro proposal a am..a..our p p is for n 80/60 Conservation Subdivision of four parcels SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6- 17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240- 42 G of the Southold Town Code j Status. Pending .�..... Action._. Review SEQRA Findings & Referral Review _ 1 Attachments: i SEQRA Findings & Staff Report ...... ,.. ... Project Name. Croteaux Farm Vineyard & SCTM# { 1000-75-7 1 4 Winer � Descrl�tinon; This Harbor isoa Road, Southold wine* buildings, a 3,900 s ft. residence, 8 q. garage p p n existing winery including ±4 833 sq ft. of existing I y g q. 00 s ft. ara e and 75 � parking stalls pursuant to a stipulation of settlement. The winery includes two parcels totaling 14.06 acres of which 10.61 acres are planted with grapes in the A-C Zoning District, Southold, Status: New A pplication I Action: Completeness Attachments: Staff Report Project Name: Oregon Storage Warehouses SCTM#: 1000-83-3-5.3 j p 19001t Ore aon Road, Cutchogue D scri tiom T� _. p he proposed construction of a ±69,360 sq. ft. self- i storage facility, and includes the construction of six (6) storage buildings: j three 12,000 sq. ft. 1-story buildings, two 11,880 sq. ft. 1-story buildings, and one 9,600 sq. ft. 1-story building. Also included is the conversion of an existing 797 sq. ft. garage to an office, an existing dwelling to remain, and 20 proposed parking stalls all on 5.7 acres in the Light Industrial Zoning District. s: ending Status- P � e .. Action: Completeness Attachments. Staff Report Southold Planning Department Staff Report Subdivision Application Work Session Review Date November 4, 2019 Prepared By: Mark Terry I. Application Information Project Title: Tuthill Oysterponds Holding Company Applicant: Tuthill Oysterponds Holding Company Date of Submission: July 3, 2014 Tax Map Number: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Project Location: 21505 Route 25 Hamlet: Orient Zoning District: R-80 & R-200 II. Description of Project Type of Subdivision: 80/60 Conservation Subdivision Acreage of Project Site: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTMs 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. III: Status Review of Sketch Plan/ SEAR Process IV: Action to review Review Findings Statement Revisions Review Remaining Agency Comments V: Analysis Suffolk County Planning Commission: Consider the application a matter for local determination and the Commission has no objection to the Town assuming Lead Agency. The Commission offered the following comments: 1. The creation of landlocked lots should be avoided; lack of direct access to a public road could result in the health, safety and welfare problems for the future residents of the landlocked lot; not to mention potential disputes over the use and maintenance of any right-of-way over an adjacent parcel. Southold Planning Department Staff Report The lots are not landlocked. The right-of-ways will be divided between each lot thereby giving ownership to a portion of the ROW and road to public roadways. 2. A right-of-way of 50 feet suitable for future dedication should be created where common access or private road is proposed to serve three or more lots. See comment above. The proposed road will have a right of way width of 30'. New York Department of Transportation (DOT): 1. Highway Work Permits will be required prior to performing any work in the NY 25 right-of-way, including but not limited to access, sidewalk, curb, drainage, landscaping, utility installation, etc. 2. In order to progress a detailed review of each site, we recommend that the design professional consult our driveway policy manual which is available on our website. 3. Sidewalk and pedestrian ramps should be considered along the NY 25 frontage for all locations, if not currently in place. If necessary, existing sidewalk should be reconstructed so that it is complaint with Americans with Disability Act (ADA) standards. The recommended sidewalk width is five (5) feet. North Dyer Current sidewalk to Village Lane Area on North side of NYS Route 25. The sidewalks extends to Stevenson Road in the west to the Oysterponds School in the east and beyond. This is functional pedestrian infrastructure that would be available to future residents. South Brown No sidewalks are located near South Brown parcel. Not recommended. North Brown No sidewalks are located near North Brown parcel. Not recommended. South Dyer No sidewalks are located near the parcel on the south side of NYS Route 25. Village Lane and the Hamlet Center are 750+ feet to the east of the parcel. The parcels along SR 25 are zoned R-80, R-40 and B west to east. If a sidewalk was constructed it would not benefit pedestrian movement. A better option is for NYS DOT to clearly mark the shoulder area of the road for pedestrian and bicyclist use. Southold Planning Department Staff Report 4. DOT policy and standards calls for five (5) feet offset from driveway radius to adjacent property lines. Accept comment and include within design. 5. Site access should be considered from local roads, where applicable. Access from local, private roads is not possible for North Dyer, South Dyer and North Brown parcels. 6. For the North Dyer South Dyer and North Brown sites, the proposed driveway right-of-way should be increased to fifty (50) feet to accommodate the proposed subdivision street design requirements for access to NY 25. Consider realigning the North Brown subdivision lot so that access is though North View Drive. A 50' wide right of way design would not support the rural character of Orient. Access through North View Drive is not possible. The road is private and legal access to the North Brown parcel does not exist. 7. For the South Dyer site the farm stand access appears different on Google Earth maps than what is depicted on the submitted plan sheet. The farm stand access does not appear to conform to our access requirements for State highway access and should be modified as part of this project to meet current NYSDOT Design guidelines for access to NY 25. Refer the applicant to the NYSDOT for additional guidance. Orient Fire District: RE-REFER - Due to timepassed) 1. Prior to building on any of the parcels except South Brown (1000-18-6-17.3), the Fire District requires that the subdivision have either a 10,000 gallon per minute draft well with a maximum 15' depth to water. Any wells over 15' depth to water must be electric. There must be 15' area of access around the tank or well. Installation should be placed as noted on the attached Sketch Plans. 2. The Fire District must be contacted for specifics on well or tank fittings. 3. All parcels except South Brown must have larger sized cul-de-sac end of road turn-arounds, at least 25' wide to allow fire truck access and turn around space. 4. All roads must be maintained to have 15' by 15' clearance as per Town Code. Staff recommends that the action be re-coordinated with the Orient Fire District due to 5 year timeframe that has passed once new plans are received. Alternative fire access turn arounds are proposed to retain the rural quality of Orient (specifications attached). J Southold Planning Department Staff Report Suffolk County Department of Health Services SCDHS (Letter dated November 5, 2014) The agency does not have an interest in assuming Lead Agency for this application and offered the following comments: 1. SCDHS has not received an application for the proposed application. 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. 2. 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 Heath Department approval. Design and flow specification, 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. (Letter dated February 23, 2015) The agency has no objection to the Southold Planning Board's designation as Lead Agency. The SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems, pursuant to the authority and requirements of Articles 4, 5, and 6 of the SCSC. Applications must comply with all relevant density and construction standards for water supply and sewage disposal. Applicants should not undertake the construction of or connection to either system without Heath Department approval. No further action — Department of Environmental Conservation DEC The Department has no objection to the Town of Southold Planning Board assuming lead agency status for this action. The DEC offered the following comments: 1. The subdivision of land within the jurisdiction of Article 25 (Tidal Wetlands) will require a permit from this Department. In addition, the subsequent development of any parcels located within the jurisdiction of Article 24 or Article 34 (Freshwater Wetlands and Coastal Erosion Hazard Areas, respectively) will also require DEC permit(s). As such, include the DEC as an involved agency in your SERQ review process. Recommend adding a condition that NYSDEC permits will be required in the Conditional Sketch Plan approval. Office of the Town Engineer The preliminary review of the Tuthill Conservation Subdivision shows that the Planning Board is considering a 25' ROW when there are 5 or more lots served. (50' ROW is required). 4 Southold Planning Department Staff Report The FEIS and Findings Statement indicate that alternative road specifications will be requested to preserve scenic quality and community character of the Hamlet of Orient. The proposed road specifications are a 30' wide right-of-way with a 26' load bearing surface. The Fire Marshall has agreed to the specifications on the North Dyer, South Dyer and North Brown parcels. In a October 30, 2019 letter the Town of Southold Superintendent of Highways, pursuant to Chapter 161 Highway Specifications Article III. Roadway Construction § 161-15. Construction specifications, A, Footnote 5, approved the reduction of the required 50' right of way to 30' in width with a 26' wide load bearing surface on the North Dyer, South Dyer and North Brown parcels. Since the road specifications do not meet the Town standards, staff of the Office of the Town Engineer have informed the Planning Department that they will review the road and drainage plans for drainage only. Southold Town Board of Trustees: All development activities on the proposed plots are non-jurisdictional under Chapter 275 of the Town Code (Wetlands & Shorelines) and Chapter 111 (Coastal Erosion Hazard Areas) except the access path to the Long Island Sound on the North Dyer plot, which would require a Southold Town Wetlands Permit from the Trustees' office. Additions or changes to the maps which might, among other things include additional access paths, stairs, catwalks and docks would likely require permits under the aforementioned Codes that the Trustees would respectfully request to comment on prior to final Planning Board approval. One shoreline common access is proposed for North Dyer, North Brown and South Dyer. The final ability to construct and locate each access will be included in the C&R's and Open Space Easement for North Dyer and within the Conservation Easement for South Dyer and North Brown. Office of Parks Recreation and Historic Preservation OPRHP: The original comments from OPRHP have been satisfied and discussed in the SEAR documents. On November 12, 2019 at 9:00 a.m. a conference call has been set up between the tribal nations, OPRHP, Planning Board members and staff to discuss the archeological methodology and timing proposed to further investigate the North Brown parcel. 5 Southold Planning Department Staff Report Agricultural Advisory Committee: 1. North Dyer has no appreciable agricultural value that would yield a response from the Committee. 2. The lot on South Brown is presented to take up too much farmland as an estate lot and is recommended that the reserve lot be located on Route 25 or on the North Brown parcel in the woods to leave South Brown as preserved farm land. The location of the 40,004 sq. ft. lot was discussed at length between the Planning Board, the property owners and the Tribal Nations. The SEQR process analyzed the lot location and found no significant, adverse impacts would result from the lot placement. The Planning Board also found that to further mitigate adverse impacts to agriculture and create a viable farm parcel; the lot must be attached to the open space as a development area. The alternative view is that South Brown be divided into two, with two reserved lots, the second lot coming from South Dyer. The future farm lot size in Southold will need to be considerably smaller than today for agriculture affordability, i.e. far greater intensive use demanding high capital investment requiring on-farm generated cash flow from value-added processing of the raw crops. The FEIS and Findings Statement indicate that one lot from South Dyer will be moved to North Dyer. The ability to create two agricultural lots with development areas on South Brown is possible by relocating one lot from South Dyer to the South Brown parcel near NYS Route 25. 3. South Dyer has a preponderance of prime soils (Haven Silt Loam). Excess topsoil removed for residential construction should be properly removed to the North Brown agricultural area to replenish the more sparse soils on that parcel, This would be a property owner decision. 4. The committee has also recommended moving the northwest proposed property lines into the existing farm road to minimize the loss of prime agricultural soils. The subdivision will be redesigned to shift the road to the east and attach the road to each lot thereby lessening adverse impacts to the prime agricultural soils. 5. The Committee is concerned with current septic system technology, especially for five new lots may have an impact on water quality in the down slope creek for 6 Southold Planning Department Staff Report mariculture/aquaculture farming. This would be a good site for new technology to mitigate effect on the estuary. The Planning Board is requiring I/A systems on each residential lot to reduce total nitrogen load. Land Preservation North Dyer 1. LPC supports the transfer of yield from the other Tuthill properties to the North Dyer or North Brown property. 2. The LPC would not recommend preservation of the North Dyer property. Due to future design changes, the amount of subdivision open space is currently unknown, however, by design North Dyer contains the majority of subdivision open space. 3. Lot Design Comments a. Recommends that one or more lots are transferred from South Dyer to North Dyer or North Brown. The Planning Board SEAR Findings require that one lot be transferred from South Dyer to North Dyer parcel. i. If a lot is transferred to North Dyer, LPC recommends that at least one lot is placed to the north of proposed Lot 2. Lot 2 is located south of the 53,879 Sq. ft. open space area. The applicant has requested that the transferred lot be located in the south east corner of the parcel. Note that the open space is bisected by the proposed road and Chapter 240-43 (D) states that open space areas "should remain generally undivided". D. Open space land should generally remain undivided, except for roadway median strips, traffic islands, walkways, trails, courtyards, play areas, recreation facilities, drainageways, historic sites or unique natural features requiring common ownership protection. The location of the transferred lot north of lot 2 coupled with a shift of lot 2 northward would allow the open space to be relocated south of the lots and form a 7 Southold Planning Department Staff Report generally undivided block of open space on the east side of the access road. ii. If additional lots are not transferred to North Dyer, the LPC recommends that proposed Lot 2 is moved to the north, within the area currently shown as 53,870 sq. ft. of open space to create a less segmented are of open space. This comment is addressed in the above response. 4. Uses within preservation areas must be clearly stated for appraisal purposes. a. If agriculture (and associated clearing of trees ) will be allowed, and if so where; Agriculture (row crops and animal husbandry) will not be restricted. These are permitted uses in subdivision open space. b. Which areas will be considered non-disturbance areas; and The subdivision includes a non-disturbance buffer 100' landward of the wetland line. c. What uses will be allowed within the Main Road frontage preserved area which is currently maintained in a manner that is not categorized as agriculture or non-disturbance open space. The uses have not been determined yet. The uses in the area of subdivision open space will be discussed when drafting the open space easement. 5. The LPC reviewed the area within the proposed preservation area with Main Road frontage in regard to the placement of scenic viewshed restrictions, the LPC is not recommending any restrictions. 6. One access point to Long Island Sound should be clearly stated and identified as an allowed use within the preserved area. South Dyer 1. Comments 1 and 2 - The LPC recommends that one or more of the lots which are currently proposed on South.Dyer are transferred to North Dyer or North Brown. 8 Southold Planning Department Staff Report The Planning Board is requiring that one lot be transferred from South Dyer to North Dyer. 2. Access from Rackett's Court is recommended to lessen impacts on prime farmland. Rackett's Court is a private road. 3. The LPC does not support "landing" the subdivision open space associated with the prior set—off (SCTM#1000-17-6-14.3). The subdivision open space resulting from the set-off will not be shown on the plat, however, it will be included in the Covenant and Restrictions. 4. LPC general use comments: a. The LPC is in favor of the "agricultural development area" for the existing farm stand area and for such area to remain attached to the Easement area and restricted from any future residential development. The L.PQ will work with the Planning Board durin the review process to clarify future uses allowed within this area and the mechanism to ensure same. Currently the Farm Stand is shown as a single and separate lot and is not attached to the open space parcel. It is recommended that PB accept this comment. No restrictions on the future use of the Farm Stand have been discussed. It is also recommended that the Board accept the LPC comment to label the area "agricultural development area" and define permitted and unpermitted uses. b. The LPC intends to require significant structure and scenic restrictions within the easement area to protect the scenic view shed in a manner that does not negatively impact agriculture. c. LPC recommends a concept of designing an Agricultural Structure Area(s) (not to be confused with the farm stand area) in the vicinity of the existing aquaculture area and on the east side of the Main Road frontage to accommodate future agricultural needs. i. LPC recommends a restriction against "hedge row "type planting along the Main Road frontage. 9 Southold Planning Department Staff Report Staff recommends that the Planning Board agree with this recommendation. ii. The LPC will work with the Planning Board during the review process on the concepts noted above in conjunction with review of the Visual Impact Study. Noted — The SEQR Findings have been completed. d. It is assumed that a communal access will be designed for access to the Tidal Creek/Orient Harbor. This will need to be identified as an allowed use in the Preservation Easement; however the LPC intends to prohibit the establishment of a parking area within the Easement for bay access. Communal access from the four lots to the shoreline will be discussed with the applicant. North Brown 1. LPC lot design comments: a. LPC supports the proposed design. The proposed lots are clustered away from prime soils and the entire cultivated area is included within the proposed preserved area. b. LPC supports additional transfer of lots from the overall 80/60 Conservation Subdivision to North Brown as long as the existing cultivated area is not impacted. c. If additional lot(s) are transferred to this property and are designed with a lot adjacent to, or closer to, the cultivated area, the LPC recommends, if possible, that a building area remain as part of the lot containing the preserved farmland. None of the proposed lots are attached to the open space. LPC general use comments: a. The proposed preservation area includes both wooded and cultivated land. Uses within the preservation areas must be clearly stated for appraisal purposes. The LPC will work with the Planning Board during the review process. The LPC recommends allowing agricultural (and associated clearing of trees) within the wooded area as long as a non-disturbance buffer area is designed, within the easement area, adjacent to the proposed lots. 10 Southold Planning Department Staff Report Staff recommends that the wooded area remain intact as wildlife habitat for species dependent upon woodland cover types. The Northern Long Eared Bat, a protected species, may occur within this area. The wooded area also serves as an important groundwater recharge area. It is recommended that the Planning Board not accept this comment. South Brown 1. LPC lot design comments: LPC does not support the proposed design with Lot Number 1 to the interior of the property, and is not in favor of recommending public acquisition of a development rights easement designed in this manner. The LPC feels that this design unnecessarily places a new residential lot in close proximity to preserved farmland. The LPC recommends moving the development area to either: i. North Brown or North Dyer, resulting in 100% preservation of South Brown; This design was discussed with the applicants and after site inspection the Planning Board decided to attach Lot 1 to the open space parcel to result in a viable farm. or ii. Relocating the development area to the west side of the Main Road frontage area in keeping with the character of existing development along Main Road. The relocation of the lot to Main Road was also discussed at length with the applicants. The reason they did not wish to re- locate the lot was road noise and disruption of the scenic view shed from NYS Route 25 looking south. 2. LPC general use comments: a. The LPC intends to define a limited Agricultural Structure Area and/or to limit agricultural structure coverage allowance to protect the scenic view shed. Valuation Comments 11 Southold Planning Department Staff Report 1. The LPC's recommendation to the Town Board in regard to public acquisition of development rights easements on all or part of the areas offered for preservation will depend on the design layout and available funding at the time the design layout is supported. 2. The LPC does not plan to commission appraisals until the design layout is supported It is recommended that the Planning Board consider issuing a determination on the Sketch Plan on December 2, 2019. -The conditions will be discussed at the November 18t" work session in detail. 12 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, October 21, 2019 4:00 p.m. Southold Town Meeting Hall 2:30 p.m. Executive Session — Advice from Town Attorney 4:00 p.m. Applications Project Name: Tuthill Conservation Subdivision SCTM#: 1000-17.-4-16, 17.-6-14.2, 18.-I 3-30.3, 18.-6-17.3, 18.-6-18.1 Location: -505 Rt.25, 210 Orient 26975 Rt. 25, 7685 Narrow River Rd., 8070 N Description: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6- 17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be j preserved. This project proposes the transfer of yield pursuant to §240- the Southold Town Code Status: Pendinf,. . . _ _ �ee . �, .. e .� _e �m . _e .� . _. _ .1 _. .m. . m. _. .,a g. e Action: Review SEQRA Findings„ _ .. Attachments: mDraft.SEQRAFindings Pro"ect Name' S5outhold 450 CR 48s Station 8� Conve nience Store r SCTM# 1000-55-5-2,2� Location: 4 on the s/w corner of CR 48 and Youngs Avenue, Southold, Description; This Amended Site Plan is for the proposed conversion of an existing 3,476 sq. ft. building (formerly for vehicle detailing, RV sales and servicing) to a convenience store and vehicle fuel sales, with: 6 fuel pumps (12 fueling stations), two canopies, one at 50' x 24' (1,200 sq. ft.) and the other at 50' x 50' (2,500 sq. ft.) and 29 parking spaces on 1.46 F acres in the General Business (B) Zoning District. ` Status: Pending Action Continued Re view of Revised Site Plan ts: St aff taff Report Project name. Liebert Standard Subdivision SCTM#: 11000-54-3-14.8 Location: On the east side of Hortons Lane, +/- 100' southeast of Jennings Road, Southold j Description: This proposal is for the standard subdivision of a 2.43-acre vacant lot into two lots, where Lot 1 equals 54,134 sq. ft. and Lot 2 equals 54,134 sq. ft. ' in the R-40 Zoning District. This parcel is located +/- 100' southeast of the intersection of Jennings Road and Hortons Lane, in Southold. Status: Conditional Sketch Plat Approval Action: Referral Review Attachments: Staff Report WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, October 7, 2019 4:00 p.m. Southold Town Meeting Hall 3:30 p.m. Executive Session —Advice from Town Attorney 4:00 p.m. Applications Project Name: Tuthill Conservation Subdivision SCTM#: 31 00 0-1 18-66,1 -6.-6-1 , 18 Location: 21505 Rt. 25, 21070 Rt. 25, 26975 Rt. 25, 7685 Narrow River Rd., 8070 Narrow River Rd., Orient Des.. This p .. 1000-1 �._ j Description-, proposall is for an 80/60 Conservation Subdivision of four parcels SCTM#1000 17 4 16, , 1000-18-3-30.3 and 1000-18-6- 17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240- ' Id Town Code Status: Pending","i o e Southold Action, Review Findings j Attachments: ( Draft Findings Project Name: - Bing.Conservation Subdivision SCTM 5 . & 8.3 Location 6795 Oregon Roadapproximately 1,481 f'. west of Duck Pond Road, f Cutchogue Description: i This subdivision of 84.72 acres,osal is for a 7 t res, currentlyex sing split two a conservation ,adjacent parcels, SCTM#1000-95- 1-8.3 (54.24 acres) and SCTM#1000-95-1-7.2 (30.49 acres), into 6 residential lots ranging in size from 2.1 to 3.9 acres, a right of way of 2.2 acres, and 2 agricultural lots totaling 60+/- acres from which developme4 1 rights are proposed to be sold to Suffolk County, in the AC and R-80 Zoning Districts ' Final Plat Approval Status° _ Conditional Action: Review Legal Documents Attachments, Staff Report & Draft Legal Documents Project name: Col­ 1111ton Acres Standard I'llSubdivision SCTM'#; 1000-38.-1.-1.8 Location: +/- 275' west of Gillette Drive, East Marion Description: This standard subdivision proposes to subdivide 4.24 acres into three 1.2-aore lots in the R-40 Zoning District. This parcel is located +/- 275' west of Gillette Drive in East Marion,. Status: Conditional Sketch Plat Approval Action: Review Tirnefra e to Render Prehmi ary Plat Attachments: Staff Report Southold Planning Department Staff Report Subdivision Application Work Session Review Date October 7, 2019 Prepared By: Mark Terry I. Application Information Project Title: Tuthill Oysterponds Holding Company Applicant: Tuthill Oysterponds Holding Company Date of Submission: July 3, 2014 Tax Map Number: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Project Location: 21505 Route 25 Hamlet: Orient Zoning District: R-80 & R-200 II. Description of Project Type of Subdivision: 80/60 Conservation Subdivision Acreage of Project Site: This proposal is for an 80/60 Conservation Subdivision Of four parcels SCTMs 1000-17-4-16, 1000--17-6-14.2, 1000-18µ3-30.3 and 1000-18-6-17.3 (total area112 acres) into 17 residential lots, with 94 acres to be preserved. III: Status Review of Sketch Plan/ SEQR Process IV: Action to review Review Findings Statement V: Analysis See attached VI: Items to Consider 1. Consider accepting Findings Statement either at an October 21, 2019 Special Meeting or on the November 4, 2019 Public Meeting. OFFICE LOCATION: I O MAILING ADDRESS: Town Hall Annex ��� P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 wwwsoutholdtownny.gov 40- NV PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 10, 2019 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: SEAR FEIS Acceptance Determination Proposed Tuthill Conservation Subdivision Located at 21505 Route 25 SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Zoning District: R-80 and R-200 Dear Mr. Tuthill: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, September 9, 2019: WHEREAS, on March 23, 2016 the Southold Town Planning Board, as Lead Agency, found that the Draft Environmental Impact Statement (DEIS) for the Tuthill Conservation Subdivision dated February 11, 2016 inadequate for public review; and WHEREAS, on, September 14, 2018 the applicant submitted a revised DEIS; and WHEREAS, on January 28, 2019 the applicant submitted a one page amendment to the original DEIS submission which has also been reviewed; and WHEREAS, on February 10, 2019 the Planning Board determined the DEIS to be adequate and ready for public review; and WHEREAS, on March 11, 2019 a public hearing on the DEIS was held and extended for two weeks for written comment to March 25, 2019; and WHEREAS, the Planning Board found that the number and content of substantive public comments on the potential moderate to large impacts to cultural resources required further coordination with the New York State Office of Parks Recreation and Historic Preservation and Native American Tribes, and Tuthill Conservation Page 2 September 10 , 2019 Subdivision WHEREAS, this coordination involved numerous meetings and site visits to the North Brown and South Brown properties and prompted the need to extend the completion time to prepare the FEIS; therefore be it RESOLVED, that the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, hereby accepts the Final Environmental Impact Statement (FEIS) for the Tuthill Conservation Subdivision, dated as received September 9, 2019; and be it further RESOLVED, that the Southold Town Planning Board hereby authorizes the Planning Board Chairman to submit the Notice of Completion pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the Environmental Conservation Law. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Resp^ec�tfully,. ' �(-)0,0 Donald J. Wilcenski Chairman Encl. cc: Scott Russell, Southold Town Supervisor Southold Town Clerk for Southold Town Board Southold Town Zoning Board of Appeals Southold Town Building Department Southold Town Engineer Southold Town Police Department Southold Town Local Waterfront Revitalization Program Coordinator Southold Town Architectural Review Committee Southold Town Highway Department Southold Fire District Orient Fire District Suffolk County Department of Health Services Suffolk County Water Authority Suffolk County Planning Commission Suffolk County Legislator NYS DEC - Stony Brook NYS DEC - Commissioner NYS Department of Transportation NYS Department of State NYS Natural Heritage Program Environmental Notice Bulletin File Southold Town Planning Board Work Session — September 9 2019 — Page 2 Project Name., The Heritage at Cutchogue 2015 (Harvest SCTM#. 1000-102-1-33.3 Pointe)""'',,'' l Location: 75 Schoolhouse Road, on the n/w corner of Griffing Street and School Lane, aproximately 1,079 feet n/o e in Road, in Cutchog . House... w ... ..mp _.the Ma ue_ �m.._. Description: ! This Residential Site Plan is for development of 124 detached and N attached dwelling, with a 6,188 sq. ft. community center, an outdoor swimming pool, one tennis court, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District. q Status: A pproved with Conditions Action; Request for CO for Units 3 & 4 and Pickle Ball Court Discussion ts:_ Staff Report Attachmen Mazzoni Standard Subdivision SCTM# 1000 13-2 8.2 Location,ame' 00 Soundview Drive, approximately 782' to the north of NYS Route 25 rive Orient 0 osal is for a Standard p and proposal 56' to the east o nun View Description: 1 This r n .,.w,. Subdivision.., , ...._ _ p of a 22.94 acre parcel into 5 lots where Lot 1 = 2.34 acres, Lot 2 = 1.78 acres, Lot 3 = 2.18 acres, Lot 4 = 0.56 acres, Lot 5 = 16.06 acres inclusive of a .97 acre right-of-way, 8.58 acres of Open Space and 6 acres of a Conservation Easement held by the Peconic Land Trust (PLT) located in the R-80 Zoning District. r... _.. _ Status., Conditional Sketch Approval Action Extension Request Attachments: � Staff R epa , a._ ....... Project Name Tuthill Conservation Subdivision SCTM#: 1000; 1- -167.3, 6-1.�, 18 ! 8.1 Location; ( 21505 Rt. 25, 21070 Rt. 25, 26975 Rt. 25, 7685 Narrow River Rd., 8070 Narrow River Rd., Orient i Description. This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6- 17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240- 42 G of the Southold Town Code. Status; ; Pending Acton: FEIS Discussion Attachments, None OFFICE LOCATION: P`` MAILING ADDRESS: Town Hall Annex , , P.O. Box 1179 54375 State Route 25 + Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov mm oinu71 , PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 27, 2019 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: Proposed Conservation Subdivision for Tuthill Oysterponds Holding Company SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Zoning Districts: R-80 & R-200 Dear Mr. Tuthill: At their work session on August 19, 2019, the Planning Board approved the Tuthill Conservation Subdivision — Cultural Resources Investigation Areas map showing where additional archeological investigations are to take place on the North Brown parcel (SCTM#1000-18-3-30.3). The map was developed by Erica Bufkins, Planner, within our department using the geo-referenced photo points taken of each flag in the field and ArcGIS. In Area 1, the red points demark the landward limit of the 100' wide non-disturbance buffer labelled as "open space". Investigation within the open space areas is not required. In Area 2, point 21 on the map was added by the Planning Board to include a "hill" with a top elevation of 67' to the south of the flags placed on the property. The letter that the Planning Board received, dated July 24, 2019 from Chief Harry Wallace of the Tribal Council of the Unkechaug Indian Nation was also discussed at the work session. The letter recommends the following: 1. With respect to the North Brown parcel...potential burial sites were marked with flags for further examination utilizing the least invasive protocols by TRACKER Archaeology, Inc. to determine if there are possible burials. It was agreed that TRACKER Archaeology, Inc. would perform the necessary investigation. Southold Town Planning Department Page 2 August 27, 2019 2. With respect to the South Brown parcel, TRACKER Archaeology, Inc. will examine, with the least invasive protocols based upon the findings of artifacts such as arrow heads. No obvious burial sites were identified. 3. Pending the results of these investigations, we recommend that no digging nor excavations take place at this present time. In consideration of the recommendations, the Planning Board has decided to condition the Phase 1 B cultural survey within areas 1 and 2 as depicted on the map. No ground disturbance within these areas shall occur prior to completion of a cultural resource survey. The method and findings are accepted by the Office of Parks Recreation and Historic Preservation, and the results are published and made available to the Tribal Council of the Unkechaug Indian Nation, the Shinnecock Indian Nation and any and all parties who wish to receive a copy. A timeframe for completion was not specified. This condition will be included in the SEQR Findings and a Covenant and Restriction that will apply to the parcel in perpetuity. Agricultural operations or practices conducted in the open space areas as shown on the Final Plat are excluded. If you have any questions, please do not hesitate to contact this office at 631-765-1938. Respectfully, Mar Terr/, n A i,stant ctor cc: Lyle and Carol WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, August 19, 2019 4:00 p.m. Southold Town Meeting Hall 3:30 p.m. Executive Session — Advice from Town Attorney 4:00 p.m. Applications Proje Lo ati Name:on 7495 AI a�hs Lane, ±490' s/w/o Alvahs Lane and CR 48,1Cut hogue Description: This Site Plan is for the proposed construction of a 2-story building with a 2,852 sq. ft. first floor for wine production, wine retail area, and a wine education room), a 438 sq. ft. second floor for an office, and a 3,600 sq. ft. basement with thirty nine (39) parking stalls on two adjacent parcels (to be merged pursuant to ZBA File 6882) totaling 8.94 acres in the A-C Zoning District. _ . Status: Approved Action: Review Final Site Inspection { Attachments: Staff Report .. Project Name Oregon Storage Warehouses SCTM#. 1000-83-3-5.3 �. . Lo cation: 11900 Oregon Road, Cutchogue 1 This Site _ Plan is for the proposed conversion of an existing 797 sq. ft. garage to an office, the construction of six (6) self-storage buildings over the course of three phases: five (5) 1 - story buildings at 12,000 sq. ft., one (1) 1 - story building at 9,600 sq. ft., an existing dwelling to remain and 20 proposed parking stalls; all on 5.7 acres in the Light Industrial Zoning District Status: New Application Action, Completeness 1 eT.. Attachments: Staff Report Project Name. Tuthill Conservation Subdivision SCTM#: 1000-17. 4-16, 17.-6-14.2, 18. 3-30.3„ 18.-6-17.3, 18.-6-18.1 Location; 21505 Rt. 25, 21070 Rt. 25, 26975 Rt. 25, 7685 Narrow River Rd., 8070 Narrow River Rd., Orient Description: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6- 1 17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240- 42 G of the Southold Town Code. Status: Pending Action: FEIS Discussion Attachments. Staff Report Southold Planning Department Staff Report Subdivision Application Work Session Review Date August 19, 2019 Prepared By Mark Terry I. Application Information Project Title: Tuthill Oysterponds Holding Company Applicant: Tuthill Oysterponds Holding Company Date of Submission: July 3, 2014 Tax Map Number: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Project Location: 21505 Route 25 Hamlet: Orient Zoning District: R-80 & R-200 II. Description of Project Type of Subdivision: 80/60 Conservation Subdivision Acreage of Project Site: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTMs 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. III: Status Review of Sketch Plan/ SEQR Process IV: Action to review Update on comments received by the Office of Parks, Recreation and Historic Preservation Historic Preservation Office. Discuss consultation with Native American tribes and recommendations. Acceptance of the FEIS. V: Analysis Potential Moderate to Large Impacts to Cultural Resources NORTH DYER (14PR04296) The North dyer parcel abuts the Orient Historic District. On July 1, 2019 the Planning Board received a letter from Mr. Tim Lloyd, Ph.D., RPA Scientist —Archeology of the NYS OPRHP regarding the North Dyer parcel. The following assertions were specified in the letter regarding the potential adverse impacts to the Orient Historic District: Southold Planning Department Staff Report 1. The building at 21505 Main Road (NYS Route 25) will be retained, and 2. The area immediately adjacent to the Orient Historic District along Main Road will remain as open space. The letter concludes that OPRHP has no concerns regarding potential adverse impacts to the Orient Historic District if the open space area along Main Road is to remain undeveloped. If development is proposed within the open space area, consultation with OPRHP is recommended. Staff recommends that the above OPRHP recommendations are included as mitigation to potential moderate to large adverse impacts to cultural and archeological resources and scenic resources. SOUTH DYER (15PR00026) On July 5, 2019 the Planning Board received a letter from Ms. Beth Cumming, Senior Historic Site Restoration Coordinator, Division of Historic Preservation of the Office of Parks, Recreation and Historic Preservation. Ms. Cumming recognized in the letter that the applicant has no plans to construct single family homes within the Orient Historic District at this time and requested the following condition: 1. If construction is proposed, plans including site plans and elevation plans shall be submitted to our office for review and approval prior to construction. Staff further recommends that additional oversight of future building architecture proposed for each single family residence and accessory buildings is accomplished by the Town of Southold Historic Preservation Commission review as a second Planning Board mitigative condition. NORTH BROWN (15PR00025) SOUTH BROWN (15PR00024) TRIBAL/OPRHP COORDINATION 5/28/19 Planning Board receives letter from Tribal Council Unkechaug Indian Nation requesting copies of Archaeological reports, the details of the subdivision and a meeting. 7/2/19 A site visit to the North and south Brown parcels was conducted. In attendance included representatives from the Planning Board, Planning Department, the Unkechaug and Shinnecock tribal nations and the landowners. The purpose of the site visit was to consult Native American expertise and identify locations to conduct further archaeological investigations. Tribal representatives indicated in the field that they would be sending in a letter to the Planning Board with their recommendations. Southold Planning Department Staff Report 7/24/19 a letter was received by the Planning Board from Chief Henry Wallace of the Tribal Council of the Unkechaug Indian Nation. The letter recommended the following: 1. With respect to the North Brown parcel...potential burial sites were marked with flags for further examination utilizing the least invasive protocols by TRACKER Archaeology, Inc. to determine if there are possible burials. It was agreed that TRACKER Archaeology, Inc. would perform the necessary investigation. 2. With respect to the South Brown parcel, TRACKER Archaeology, Inc. will examine, with the least invasive protocols based upon the findings of artifacts such as arrow heads. No obvious burial sites were identified. 3. Pending the results of these investigations, we recommend that no digging nor excavations take place at this present time. In consideration with the above recommendations, staff recommends the following mitigation to address potential moderate to large adverse impacts to cultural and archeological resources: NORTH BROWN MITIGATION 1. A Phase 1 B cultural survey shall be conducted within the areas identified and flagged during the July 2, 2019 Native American consult and field inspection. No ground disturbance within these areas shall occur prior to completion of the survey and the findings are published and made available to the Tribal Council of the Unkechaug Indian Nation, the Shinnecock Indian Nation and any and all parties who wish to receive a copy. Erica has prepared ArcGIS maps with the photo points taken in the field overlaid (handout). Areas were delineated using GPS reference and topography. 2. Agricultural operations or practices conducted in the open space areas as shown on the Final Plat are excluded from the above conditions. 3. One lot form South Dyer will be located to the North Dyer parcel and not adjacent open space proposed adjacent to NYS Route 25 and the Orient Historic District. 4. The potential occurrence of Native American burial grounds or individual burial pits in the eastern area of the North Brown parcel; and the known burial sites that once occurred in the Browns Hills subdivision to the east supports the relocating of the access road from the west side of the North Brown parcel to the east side of the parcel. With the relocation, the consolidation of Southold Planning Department Staff Report curb cuts or merging with the access serving SCTM# 1000-18-3-9.2 (vacant) is recommended. SOUTH BROWN MITIGATION 1. A Phase 11 investigation to evaluate the site for eligibility for listing in the State National Registration of Historic Places shall be conducted by the landowner or future landowners prior to any ground disturbance. 2. A Phase IB archaeological survey of the proposed route of the driveway to Lot 1 shall be conducted by the landowner or future landowners prior to any ground disturbance. 3. Agricultural operations or practices conducted in the open space areas as shown on the Final Plat are excluded from the above conditions. Mitigation to Water Quality impacts 1. The preservation of 95.91 acres or 85 percent of the combined 112.84 acre parcels coupled with a reduction in density (from 42 potential residential lots to 17) will contribute to the protection of water quality. 2. The use of innovative alternative wastewater treatment systems is required for all wastewater disposal on all residential lots. 3. Using native, drought-tolerant plants. 4. Fertilizer applications a. nitrogen, phosphorous, or potassium only between November 1 and April 1. b. Lawn Fertilizer Applications: i. Only if more than 20' away from surface water or within 3' of a 104 vegetative border; or within 3' of surface water if the spreader has a guard deflector shield or is a drop spreader. ii. Only organic fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture may be utilized on the lots. iii. Maximum of 1 pound of nitrogen per 1000 s.f. in any one application, with a cumulative application of no more than 2 pounds per 1000 s.f. per year iv. Phosphorus containing lawn fertilizer is prohibited unless establishing a new lawn or soil test shows that the lawn does not have enough phosphorus. The phosphorous level must be 0.67 or lower unless a soil test indicates it's needed. v. Synthetic herbicides and pesticides are prohibited. 4 Southold Planning Department Staff Report 5. Farm operations are also encouraged to participate in the New York State Soil and Water Conservation Committee Agricultural Environmental Management (AEM) program Mitigation to Water Quantity impacts 1. Install low flow wells with a maximum 10 gallons per minute (gpm) flow rate. 2. Plants used in landscaping shall be native and drought-tolerant. 3. The use of drip irrigation systems is required. 4. Soil moisture sensors will be used with the irrigation system, to water only when necessary during times of low soil moisture 5. Lawn areas will be seeded with improved turf species with deeper root systems and greater drought tolerance, thus requiring less irrigation than conventional turf species. 6. Total long-term irrigation of the site will be limited to 15% of each lot area not improved with structures. 7. The use of low-flow plumbing fixtures is required. Mitigation to Wildlife Habitat impacts 1. A total of 95.91+/- acres of open space to be set aside as open space. 2. A 100' wide non-disturbance buffer from the top of bluff is required on North Dyer and North Brown. 3. Clearing limits will be required on lots that contain existing vegetation. 4. Where possible clearing shall occur between November 1st and May 31st. 5. Existing trees on the edges of the natural areas and open fields with high wildlife value, such as oak species, will be preserved to the greatest extent practicable and where they will not interfere with necessary farming, grading and drainage. 6. Windbreaks shall be preserved on North Brown where possible. Mitigation to Protected Species impacts 1. Northern Long Eared Bat - follow NYSDEC clearing restrictions and methods. Potential moderate to large impacts to wildlife species will be minimized by avoiding clearing during breeding and hibernation seasons (April 1 to October 31). Lots will be cleared excluding the buffers and the areas required to be left in vegetation through the establishment of clearing limits required in Chapter 240 Subdivision of Land of the Southold Town Code. 2. Eastern Box Turtle - to minimize adverse impacts, best management practices to prevent the injury or death of animals should be taken during clearing and grading operations. Walkthroughs of each area prior to clearing could be conducted and all animals that can be captured be relocated to outside of areas to be cleared. 5 Southold Planning Department Staff Report Impact from Utilities 1. Utilities are required to be buried in all subdivisions, Mitigation Impacts from Storm Water Runoff 1. All construction must comply with Chapter 236 Stormwater Pollution Prevention regulations that requires all development to contain storm water runoff on site. 2. A Stormwater Pollution Prevention Plan (SWPPP) will be prepared and approved prior to construction. The SWPPP will outline all measures that will be required to prevent stormwater runoff from leaving the site and affecting neighboring properties both during construction and after. 3. Stormwater runoff will be collected, stored, and infiltrated to groundwater via private storm water collection systems which should include passive drainage (swales), green infrastructure treatments (vegetated infiltration basins) and minimal catch basins, piping, drywells and drainage reserve areas. Mitigation on Curb Cuts on North Brown and Traffic Safety Impacts 1. Relocate access road on North Brown from east property line to west property boundary — consolidate curb cuts. Mitigation on Land Use impacts 1. 80/60 Clustered Conservation Subdivision Mitigation on Aesthetics impacts 1. 80/60 Clustered Conservation Subdivision. 2. Relocation of one lot from the South Dyer to the North Dyer parcel not within open space along SR 25 and the Orient Historic District. 3. Architecture of structures on South Dyer to be compatible with those occurring within the Orient Historic District. 4. Require review of structures on South Dyer by OPRHP and the SHPC. 5. Southold Town bulk schedule regulations. Mitigation on Transportation impacts 1. Re-locate the access road on North Brown parcel to the west property boundary. Consolidate the curb cuts if possible with the access flag serving SCTM# 1000-18-3-9.2 (vacant). 6 Southold Planning Department Staff Report 2. Maintain vegetation to the east and west of the curb cut to obtain optimal line of sight in both directions 3. Construction on Saturdays between Memorial Day and Labor Day will be limited to only indoor construction to mitigate traffic safety concerns by limiting the amount of construction traffic traveling to and from the site. The summer months are the peak times for pedestrian and bicycle use, especially on weekends, and limiting construction traffic will mitigate potential impacts on safety. Mitigation on Cultural and Archeological resources impacts 1. As discussed above. • FEIS and Findings Timeframe The acceptance of the FEIS requires filing in the NYDEC ENB. It is recommended that the Finding Statement is considered for approval at the October 7, 2019 public meeting. VI: Items to Consider 1. Accept OPRHP and staff recommendations as mitigation to potential adverse impacts to cultural and archaeological resources. 2. Accept locations for archaeological resources on map. 3. Consider draft mitigation and accepting the FEIS at the September 9tn Public Meeting. 7 From: Terry, Mark Sent: Monday, August 19, 2019 8:38 AM To: Michaelis, Jessica Subject: FW:Amendment to our September, 2018 Updated DEIS Submission Attachments: 2019-1-25 Further Mitigation To Reduce the Environmental Impact of Our Project.docx For file. From: Carol Tuthill [mailto:cbtuthill@hotmail.com] .? IT Sent: Thursday, August 15, 2019 10:09 PM To: Terry, Mark; Lanza, Heather R! E_Q_E_IV__ED.,... Cc: Lyle Tuthill; Ruth Tuthill; Jason Tuthill ; julia tuthill; Spiro, Melissa Subject: Fw: Amendment to our September, 2018 Updated DEIS Submission A, JG 9 21,11 Mark, Heather, ....��u::t(1��.aldJ id wa: Planning 0oard Based on our recent discussions regarding Archeological concerns on the North Brown and South Brown Parcels, we would like to further modify our attached January 25, 2019 Amendment to our September 10, 2019 DEIS submission. The January 25, 2019 Amendment stated we would move a lot from South Dyer to either North Brown or North Dyer. We are now confirming that the lot would move to North Dyer. There were no archeological artifacts identified in the earlier Archeological studies on North Dyer and there are no previously identified Native American burial sites in the adjacent areas of the North Dyer Parcel. Therefore, we believe North Dyer is the best location for the South Dyer Lot. In earlier discussions with the Land Preservation group it seemed unlikely that an offer for Purchase of Development Rights would be made for the North Dyer Parcel, because we were moving 3 lots from South Dyer to North Dyer. This would result in less than 60% of the Buildable Acres being preserved. With the additional South Dyer lot moving to ND, there would be even fewer preserved acres on North Dyer. We will propose a specific North Dyer location for the lot from South Dyer as soon as possible, if it's necessary to conclude the Sketch Phase, or if the Land Preservation group needs this to develop an offer for purchasing the Development Rights we would be giving up on the other parcels. Otherwise, we will include the specific North Dyer location information in our submission of the Final Application. Please confirm if we are OK to proceed on this basis.. Thank you for your on-going help and support. Carol Tuthill Frum: Cdrul Tuthill <LbLuLliill@liuU-riail.cunv Sent: Sunday, January 27, 2019 10:46 PM To: Mark Terry<mark.terry@town.southold.ny.us>; Heather Lanza <heather.lanza@town.southo Id.ny.us> Cc: Lyle Tuthill <Ibtuthill@hotmail.com>;Jason Tuthill <jbtuthill@gmail.com>; Ruth Tuthill <regandruth@northfork.net>;John Tuthill <jtuthilll@ bloom berg.net> Subject: Amendment to our September, 2018 Updated DEIS Submission I Mark, Heather, Attached is an amendment to our September 10, 2018 updated DEIS submission. It reflects our agreement to implement the two alternatives outlined at the end of the DEIS as further mitigation to reduce the environmental impact of our project. We would appreciate it if this amendment could be included to determine if our updated DEIS is adequate for Public Review. If you need further information or a different format for this amendment, please let me know. Thank you for your help with this matter. Carol 2 Further Mitigation To_Reduce the Environmental Impact of Our Pro iect As an Amendment to our Draft Environmental Impact Statement submitted September 10, 2018,we are proposing that two items outlined in the Alternatives Section would be implemented as additional mitigation for our proposed project: Alternative#1- Move one µlot from South Dyer to North Dyer or North Brown, in area not currently farmed—We would adjust the remaining 4 SD lots so boundaries would be east of the existing farm road. See attached SD 4-lot layout. ... vironmental Impact - Fewer houses in the far eastern border of South Dyer, which is contiguous with the M itigatiwon..o.n....E.ny�...._....m_ Orient Historic District, would lessen the potential impact on: • The view from the Route 25 Scenic By-Way, Aesthetic Resources, Historic Resources, and Consistency with Community Character. • Farmed area and Prime Soils irreversibly converted to residential use. With the amended proposal,—92%of farmland would be preserved. In the Prime Soil Groups 1-4, 88%would be preserved, and in the top group, 89% would be preserved. See attached for details. Maximum Farmland Impact .��.. Current Std. Subdivision 80/60 Conservation .....� nervation Ong. Proposal Amended Prop. #... a. m.�.a. .d....Acres 52.8......_........M.�.. y. �.............m....�_............. � ...............-..._...................��_� _......_ 17.7 35.2 46.8 48.5 %Current Acres 100% 33.5% 66.7% 8$.6° 91.9% • The Peconic„Bay and Orient Tidal Creek (Critical Environmental Areas) -Surface Water, Ground Water and Flooding Impact would be reduced by 20% (4 lot impact versus 5 lots). Alternative#2-Wastewater Ma nagement Systems When we are ready to develop a specific lot, we will utilize the Best Practices and Technologies available at that time, that are proven effective in comparable situations, and that are not cost prohibitive. This will avoid or significantly reduce potential environmental impacts. At this time, standard septic systems are still permitted by the Suffolk County Department of Health Services (SCDHS) Sanitary Code. However, SCDHS is encouraging the use of approved alternative onsite wastewater treatments systems (I/A OWTS). Testing of potential I/A OWTS technologies in year-round residences began in 2014. Several systems have now been approved, after they maintained an average of 19 mg/I Total Nitrogen (TN) or better for 75% of all systems tested for a minimum of 6 months. There is some likelihood that I/A OWTS technologies will replace standard septic systems in the SCDHS Sanitary Code in the future. Given the SCDHS desire to reduce all Nitrogen discharge to no more than 19 mg/I TN, we would use the approved technologies that meet this standard or the standards in place at the time we want to develop a lot on our properties. TRIBAL COUNCIL UNKECHAUG INDIAN NATION RO. BOX 86 UNKECHAUG INDIAN TERRITORY E A .�.� MASTIC, NY 11950 _ .. (631) 281-6464 RECEIVE-""D July 24, 2019 out, a Town of Southold Planning Dept. Pl anning lBoard 54375 State Route 25 w,,,,�.... .............w..,.......,.�......._.. ............................._ Southold, NY 11971 Attn: Mark Terry, Principal Planner NYS Parks, Recreation, and Historic Preservation Division of Historic Preservation P.O. Box 189 Waterford, NY 12188 Attn: Tim Lloyd, Ph.D., RPA Shinnecock Indian Nation P.O Box 5006 Southampton, NY 11969 Attn: Rebecca Genia, Grave Protection Society Re: North and South Brown (Orient) development Dear Sirs Thank you for escorting us to the site of the proposed development of the above referenced project. I am submitting this letter on behalf of the Unkechaug Indian Nation and as a member of the Intertribal Historic Preservation Task Force whose founding membership includes representatives of the Montauk, Shinnecock, Unkechaug, and Matinecock Tribes, among others to indicate the various steps we recommend be taken to protect potential burial sites at the proposed development area. 1. With respect to the North Brown parcel, Shane Weeks, Denise Dennis, Avery Dennis, Rebecca Genia and myself visited the site. We were accompanied by the Landowners and representatives frorn the Southold Planning Dept. Potential burial sites were IAP r marked with flags for further examination utilizing the least invasive protocols by Trakker(a representative was also present) to determine if there were possible burials. It was agreed that Trakker would perform the necessary investigation. 2. With respect to the South Brown parcel, Trakker will examine with least invasive protocols based upon findings of artifacts such as arrow heads. No obvious burial sites were identified. 3. Pending the results of these investigations, we recommend that no digging nor excavations take place at the present time. On another note, we have received notification from the Southold Museum that a number of Human remains of excavated Native American burials at a place called "Orient Hill" are held at the Museum and ready for repatriation. We have been advised by the Museum personnel that Orient Hill was the name associated with the Brown Hill area. Given that most of these have come from Southold, we seek to identify an appropriate place where these human remains be reinterred in Southold. We would like to discuss the designated of a sacred location where a reburial ceremony can take place and that would be protected from future development. We would request a further meeting to discuss these matters as well. This is the recommendation of the Unkechaug Nation. I am disseminating this letter to all parties. If there are other considerations, I appreciate all comments and questions. Again thank you for your consideration. Y9L s truly f f' H rrB. Wallae, Chief ., Jklc' haug Nation J ;i W' M1A From: Lloyd, Timothy (PARKS) <Timothy.Lloyd@parks.ny.gov> Sent: Friday, August 02, 2019 11:37 AM To: Terry, Mark; Hwall@aol.com; nativeblood447@gmail.com; Rebecca Genia; ttroge@gmail.com Cc: 'Al Camissa (trackera@optonline.net)'; Lanza, Heather; Bufkins, Erica; Palmeri, Allison Subject: RE: Letter re Tuthill development a Irk That's good Irnew , I have no direct unvolvetmuent wlfh the fieldwork. Al Ce:almllrmllwsa of Tracker Archaeology wulIl be c:olndUCtiiu�g the fileldwork. AI wulll be ooranm urnioatfirtg wiith the land ownelrs to schedule the fi(::fldwolrk, elrld All MI need assustance looatilrng the flagged location 1, fallee let everyone Iklnow whelrr you wlYf be 000adu.acUng the fieldwork. ���""�"� . �,�,,, . E IT'irin L.IIIoyd, III141h ,, Souernt.ist Airchaeollogy Dviliottt fo r l fistoric P reserve bom , °,"u:A'Jilnt id, 'town New York State IF�arks, Recireaflon & Ifflstoi6c Preselrvatiom .............."._IRanrnin.�g„IBoai d .........._.......... Peebles 6s aalnd.agate [:Iaark, w'.0 Box 189, Waattenlord, New York 12188 0189 18...26 -2186 1 tnd°raotlny lloy @iaar L;,rnV Gov httpsAparks.ny,qov.shpp u 0,You a equshmxj V ,Prl4n Nr is,r „ k u)q ..9arrtlll,n "today nfa i r gfkj i vvit 'ru 6 o'er NO 5u . I'A''w= is r, (('K I � d IQ voi , �u �rr,.67„„+���ra��rrr1��a;rr rare mYa a1Gr�r� 1�ga�s From:Terry, Mark<rnark.rea r,y @P town,southol�d r r us> Sent: Friday, August 02, 2019 11:12 AM To: Lloyd,Timothy (PARKS) <Tii,-notl)y.Llloyda_ "arl�s,rry. ov>; Hwal'l iol c r]2, ri,,itivetalood447CWg nail.corart; Rebecca Genia <tellbeckyg@yal°zao'corn>;ttro e ma„il.com Cc: 'Al Camissa (tr°ncicera ti) !xnlirue.r el)' <tPZ!cker@fPaptonline rift>, bfgL[,]er',Vanz a towri.sou,nthol'cl.ray.as ; Bufkins, Erica <er-icak sorrtholdtowi riy y>; Palmeri, Allison <,IIIisor-nPPSOL]tho„Idmto nmr y. v> Subject: RE: Letter re Tuthill development fi n'. liei;, w 1: "T '"u"r.. 'uV '6)°pa.d, Vih" flnavu. cool a.4u"a i:yhoho)s Imild oi'^ dWc 1!d7 y„1S'C: 1,11i l�ioa.uV'�`UIVi.� D n;�a iC�."II4f.}Go^ti:i He l f 4.l d ho r0nduH M it l ." Vw�4 a r k.f e u"a y, ,ul" C[1, AII^au ntt.,slistaunlL V.00rw n tall�annunouri;l; DD rectnr nnwn o� I:::Sou.at1'noW 5 4 t 175 Statiui° Iltt tte 25 L.Ct. Box 1.:1.79 L0 t:IhnwalId' i'nt'ew Y0rk, V 1971 ark.Terrytown.southof„ .,ny_us tt From: Lloyd, Timothy (PARKS) [[Liq�fto:TimQtjjy a _, lovdoDarks,,ny,ggvJ Sent: Thursday, August 01, 2019 3:13 PM To: 1-1walV@aolcom; Terry, Mark; n ti\ lood+17@ Lion Rebecca Genia; Urc cle 11 rnaO.coni Cc: 'Al Camissa (tracker g@gpioLi line.i�r t)' Subject: RE: Letter re Tuthill development I just spoke with Al Cammisa of Tracker Archaeology, who I've copied on this email. Al and I have discussed and agreed on methods for the field investigation. Al and I visited the North Brown site in the rain on the day of our meeting at the Town Hall Annex, However, no representative from Tracker was present during the subsequent site visit with the representatives from the Nations, when locations were flagged for testing. Al needs to know how many locations were flagged and where the flagged locations are. Can anyone assist Al? Tim Lloyd, Ph.D. Scientist —Archaeology Division for Historic Preservation New York State Parks, Recreation & Historic IPreservation F:IeeNes U,@ind Sta e Pai*, F1.0. Box 189,Waterford, New York 12188-0189 518 268 2186 1 thriofl�yjfgy�t@,��arks,,n�py [Itt T—,8"UPAIIk-$-Dy-.gd rvlshPao q W�t�j lflrll�_,114YS [�oar(j nf E�Iect�cns l�o�suire i�you rc-rec?s�ered"o vote,> Aie you y.eqGStel[recn to vote?S-qJs pr�Q Me d1mr.,lo d recertly?Upd<Oe youir unfonlnakCCrl t IMOVO From: Harry Wallace<hw-LiJ1Pao1.corn> Sent:Thursday, August 01, 2019 11:45 AM To: iii,)rk.tet,t,v(&-)towti.so,uthold.ny.0 ; Lloyd,Timothy(PARKS) <Tiiiiothv.LlovdCu)pra.cLKs.ny..ov>; nati veblooc14476D niail,com; Rebecca Genia <tellbed v@v< ahoo.corn>; t roEe_@ C Subject: Letter re Tuthill development Please find attached letter regarding examination of development site 2 Parks, Recreation, STATE OF OPPORTUNITY, and Historic Preservation C I J ANDREW M.CUOMO ERIK KULLESEID JUI 17 0'9 Governor Commissioner a�wP1n411a.i �iOW11 July 5, 2019 ..m�1��� i Ilan n� n im . Mr. Mark Terry Principal Planner Town of Southold Planning Department 54375 NY 25 Southold, NY 11971 Re: DEC South Dyer- 80/60 Conservation Subdivision Open Development Area Tuthill 15PR00026 Dear Mr. Terry Thank you for continuing to consult with the Division for Historic Preservation of the Office of Parks, Recreation and Historic Preservation (OPRHP). We have reviewed the submitted materials 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 We understand from your letter dated June 5, 2019 that there are currently no plans to construct single family homes on lots 1-5 which are located within the Orient Historic District. Since there is no planned construction on lots 1-5 it is OPRHP's opinion that the proposed subdivision will have No Adverse Impact upon historic and archeological resources provided the following conditionis met: 1. If construction is proposed, plans including site plans and elevation plans shall be submitted to our office for review and approval prior to construction. If you have any questions, I can be reached at 518-268-2181. Sincerely, Beth A. Cumming Senior Historic Site Restoration Coordinator e-mail: beth.cumming@parks.ny.gov via e-mail only cc: C. Vandrei - DEC Division for Historic Preservation P 0 Box 189,Waterford New York 12188-0189,(518)237-8643^parks ny gov OFFICE LOCATION: �r�ra MAILING ADDRESS: T�'. ' Town Hall Annex ); P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) '' Southold, NY "M Telephone: 631 765-1938 www.southoldtownny.gov cou � PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 5, 2019 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, New York 11957 Re: Proposed Conservation Subdivision for Tuthill Oysterponds Holding Company SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Zoning Districts: R-80 & R-200 Dear Mr. Tuthill: The Planning Board is in the process of drafting the Final Environmental Impact Statement (FEIS) for the proposed 80/60 Conservation Subdivision for Tuthill Oysterponds Holding Company. As per the New York State Environmental Quality Review (SEAR) recommended timeframes, the Planning Board, as Lead Agency, has 45 days to file the FEIS from the closing of the public hearing date of the DEIS. The original target date was May 2, 2019; however, due to the number of recommendations received from the New York State Historic Preservation Office (SHPO) in response to our coordination to address public comments pertaining to archaeological resources, the filing date was extended to June 3, 2019. On May 28, 2019 the Planning Board received a letter from the Tribal Council Unkechaug Indian Nation requesting a consultation and meeting. A meeting was held on site on June 25, 2019 and the results of the meeting are pending. The Planning Board is now extending the timeframe to file the FEIS to September 9, 2019. A meeting is in the process of being scheduled. If you have any questions, please do not hesitate to contact this office at 631-765-1938. Respectfully, is7rkTrry, CP sistant Town Planning Director cc: Lyle and Carol Tuthill AGENDA Tuthill Oysterponds Holding Company Conservation Subdivision June 25, 2019 10:00: Introductions 10:10: Project Overview (Annex Board Room) 10:30: Review and Discuss OPRHP Recommendations, Updates and Native American Consultations (Annex Board Room) NORTH BROWN A Native American burial site, known as the Orient site may be located on the parcel. The Orient site is repeatedly mentioned in archaeological literature, but is vague regarding the site's precise location. The information indicates that the site is near the northeastern portion of the parcel. OPRHP recommends: • That a supplemental Phase IB field investigation be conducted in the northern portion of the Brown Parcel, because shovel tests excavated at 15 meter intervals are inadequate for the identification of burials. • Mechanical stripping of the topsoil at select locations in the northern portion of the North Brown parcel. Mechanical stripping of the topsoil is done to search for indications of burial pits on the surface of the subsoil. • That a work plan for the supplemental Phase IB archaeological investigation is submitted to OPRHP for review, prior to initiating the survey. • That the Town of Southold consult with the Native American Nations regarding the supplemental archaeological investigation and the proximity of a known Native American burial site. OPRHP will assist with the Native American Nations consultation. SOUTH BROWN A Pre-Contact Period Native American archaeological site was identified on Lot 1 of the South Brown parcel. OPRHP recommends the following revisions to the Phase IB report relating to the Native American artifacts recovered on Lot 1. The text should be revised to include an analysis of the recovered projectile points. Figure 2D Addendum shows the results of the shovel tests excavated in Lot 1, but there is no indication of the surface finds and no`in'dication of the boundary of the archaeological site. The figure should be revised to include the locations of surface finds, and/or ton centratidns'of artifacts, and the site boundary should be indicated. OPRHP recommends'that impacts to the Native American archaeological site on Lot 1 of the South Brown parcel'be avoid'ed. If•impacts to the'site cannot be avoided, then OPRHP recommends a Phase II investigation to evaluate the site for eligibility for listing in the S/NRHP.' - A Phase IB archaeological survey of the proposed route of the driveway to 1. 1 Lot 1 is also recommended. 11.VV. JIIC Vlsll of North UIVVVII then JOUIII UI OVVII POI reIS 12:30: Meeting End r � LL ca Nil � v .S 3I.: o Ci ``Ile a 4 .:" „a "r era rc roµ15� N eMx �I Dale Name IG Project Topic PREPARED'�,B�Y�����..��.... .ow..ww........... 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From: Terry, Mark Sent: Monday, July 01, 2019 2:14 PM To: Michaelis, Jessica RE ' Subject: FW: SHPO Effect Finding for Consultation Project: 14PRO42962, 2(1 Please file. Nanrjr jq B(,) .rd From: New York State Parks CRIS Application [mailto:cris.web@parks.ny.gov] Sent: Monday, July 01, 2019 1:16 PM To: Terry, Mark Subject: SHPO Effect Finding for Consultation Project: 14PRO4296 This message is a notification from the New York State Historic Preservation Office (SHPO) through its Cultural Resource Information System (CRIS). SHPO has rendered an effect finding for project 14PRO4296 (North Dyer - 80/60 Conservation Subdivision Open Development Area Tuthill ). You may view or download the effect finding letter by following the steps below: 1. Click or browse to the following URL: https://cris.parks.n ov/'sty e=PR&id=T8M1ATKU3SMU 2. At the CRIS Legal Disclaimer, click I Agree to proceed.: 3. Click Proceed as Guest or log in with an NY.gov ID account. If the effect finding page does not display automatically after you follow the above steps, proceed with the steps below. A. In the top navigation bar, click Communicate. B. In the Communicate menu, click View Project Information (Consultation Effect Findings), C. Enter the effect finding token (T8M1ATKU3SMU) and click the Start button to open the effect finding page. D. Click the Attachment Download button to download the effect finding letter. If further correspondence is required regarding this project, please be sure to refer to the SHPO project number (14PR04296). If you have any questions about CRIS, please contact CRIS Help at RISHeMlp@parks ny. oy. For any other questions, please call 518-237-8643. Sincerely, New York State Rf toric Preservation Office Peebles Island State Park, P.O. Box 189, Waterford, NY 12188-0189 518-237-8643 1 hops lrks.n . ov/sl CRIS: https://cris )arks.n .gov w. Are you registered to vote?E@2jster to vote onrinq�da . Moved recently? Update your information with the NYS Board of Elections. Not sure if you're registered to vote? Search yourvoter reqistraho,n,_.s.!at.Lis. You are receiving this email as part of an online service administered by New York State Parks, Recreation and Historic Preservation's Division for Historic Preservation, also known as the New York State Historic Preservation Office (SHPO). The Cultural Resource Information System (CRIS) is an advanced Geographic Information System application that provides access to New York State's vast historic and cultural resource databases and digitized paper records. In addition, CRIS serves as an interactive portal for agencies, municipalities and the public who use or require consultation with our agency on historic preservation programs or issues. Our email to you is in direct response to material that was submitted to our office regarding a project for which you were identified as a contact. Such projects include actions that are reviewable by our agency under the National Historic Preservation Act of 1966 (Section 106), the New York State Historic Preservation Act (Section 14.09 NYSPRHPL), or the State Environmental Quality Review Act (SEQRA). If you did not enter this project directly into CRIS, you are receiving this notification as SHPO or another project contact has entered it in our system. You will receive future correspondence for this project via email. ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 NIEWYORK Parks, Recreation, S7 AT(Of rAc ter^i,dNsrv_ Historicrose ANDREW M. CUOMO ERIK KULLESEID Governor Commissioner I i���a1 1��i ,1nar+W+gym July 1, 2019 _.. rnene nr, IBoard Mr. Mark Terry Principal Planner Town of Southold Planning Department 54375 State Route 25 Southold, NY 11971 Re: DEC North Dyer- 80/60 Conservation Subdivision Open Development Area Tuthill North Dyer Parcel, Southold, NY 14PRO4296 Dear Mr. Terry: Thank you for requesting the comments of the Division for Historic Preservation of the Office of Parks, Recreation and Historic Preservation (OPRHP). We have reviewed the submitted materials 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 (5NYCRR Part 617). We note that the project abuts the Orient Historic District, which is listed in the New York State and National Registers of Historic Places (S/NRHP). Regarding potential impacts to the Orient Historic District, we note that (1) the building at 21505 Main Road (NYS Route 25) will be retained, and (2) the area immediately adjacent to the Historic District along Main Road will remain as open space. Given these understandings, OPRHP has no concerns regarding potential impacts to the Orient Historic District. If development is proposed in the area immediately adjacent to the Historic District along Main Road, the area that is to remain open space, consultation with our office should resume to consider potential impacts to the Orient Historic District. We have reviewed the report entitled "Phase IB Archaeological Survey for the proposed Tuthill Subdivision, Orient, Town of Southold, Suffolk County, New York" (OPRHP Survey No. 18SR56239). One archaeological site was identified within the project's Area of Potential Effects: a foundation apparently constructed in the late nineteenth century (OPRHP Site No. 10310.001477). It is OPRHP's opinion that the site does not meet the eligibility criteria for listing in the S/NRHP and that no additional archaeological work is needed. Division for Historic Preservation P 0 Box 189,Waterford, New York 12188-0189 a(518)237-8643 m parks.ny gov Mr. Mark Terry July 1, 2019 Page 2 Based on our review, it is the opinion of OPRHP that the project will result in No Adverse Impact to properties, including archaeological and/or historic resources, listed in or eligible for the S/NRHP. If further correspondence is required regarding this project, please refer to the OPRHP Project Review(PR) number noted above. If you have any questions, I can be reached at 518-268- 2186. Sincerely, f4 °w Tim Lloyd, Ph.D., RPA Scientist-Archaeology timothy.11oyd@parks.ny.gov via e-mail only Division for Historic Preservation P.O. Box 189,Waterford,New York 12188-0189®(518)237-8643®parks.ny.gov n� rs� SHINNECOCK INDIAN NATION Shinnecock Indian Temtory P.O. Box 5006 Southampton,New York 11969-5006 Phone (631) 283-6143 Fax (631) 283-0751 linl, � dSW�� p n The oldest segoverning R.E I ���������III") Tribe of Indians in the United States Council of Trustees Charles K Smith II, Chairman Randy King, vice Chairman Planri�ng Board Daniel Collins Sr.,Council of Trustees Secretary " """""""""""""""''...... ...�...' Terrell Terry Sr., General Council Secretary Lance A. Gumbs, Tribal Trustee Linda Franklin,Sunksgua Donald Williams Jr.,Sachem 12/18/2018 To whom it may concern, The Grave Protection Warrior Society, led by Rebecca "Becky" Genia, is solely authorized by the Shinnecock Indian Nation Council of Trustees to make arrangements for the reburial of all human remains which have been or will be repatriated to the Shinnecock Indian Nation. Rebecca Genia is also authorized to make repatriation plans with outside museums and other institutions which may be in possession of human remains belonging to the Shinneco Indian Nation. n lr *il ng, Chairman Shinnecock Ind ation of Trustees Donald Williams Jr.,Sachem Shinnecock Indian Nation Council of Trustees �';" b OPPORILIrI Iw and HistoricR. .D ANDREW M.CUOMO ERIK KULLESEID Governor Commissioner "" ���,..„R�.hol "l'-owrI Nairanii g Board June 14, 2019 Mr. Mark Terry Principal Planner Town of Southold Planning Department 54375 State Route 25 Southold, NY 11971 Re: DEC North Dyer- 80/60 Conservation Subdivision Open Development Area Tuthill North Dyer Parcel, Southold, NY 14PRO4296 Dear Mr. Terry: Thank you for continuing to consult with the Division for Historic Preservation of the Office of Parks, Recreation and Historic Preservation (OPRHP). We have reviewed the submitted materials 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. We have reviewed the Photo provided for 21505 Main Road and the North Dyer Subdivision map dated June 23, 2014. We note that the project abuts the Orient Historic District which is listed in the State and National Registers of historic places. Based upon review of the project file, we note the following: 1. 21505 Main Road will be on Lot 2 and is designated to be retained. 2. The property immediately adjacent to the historic district along Main Road (NYS Rte. 25) will remain as open space. If development is proposed on this parcel, consultation with our office should resume to consider potential impacts to the historic district. Given these understandings, OPRHP has no concerns at this time with above ground resources. We note that our Archeology Unit has outstanding concerns. Once these concerns are addressed our office should be able to provide a project determination. If you have any questions, I can be reached at 518-268-2181. Sincerely, G ac_� Beth A. Cumming Senior Historic Site Restoration Coordinator e-mail: beth.cumming@parks.ny.gov via e-mail only Division for Historic Preservation P.O.Box 189,Waterford,New York 12188-0189•(518)237-8643•parks.ny.gov OFFICE LOCATION• + `"L MAILING ADDRESS: Town Hall Annex , �� , 0 P.O. Box 1179 54375 State Route 25 � *" Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) ' Southold NY � �� Telephone: 631 765-1938 ' r www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 6, 2019 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, New York 11957 Re: Proposed Conservation Subdivision for Tuthill Oysterponds Holding Company SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Zoning Districts: R-80 & R-200 Dear Mr. Tuthill: The Planning Board is in the process of drafting the Final Environmental Impact Statement (FEIS) for the proposed 80/60 Conservation Subdivision for Tuthill Oysterponds Holding Company. As per the New York State Environmental Quality Review (SEQR) recommended timeframes, the Planning Board, as Lead Agency, has 45 days to file the FEIS from the closing of the public hearing date of the DEIS. The original target date was May 2, 2019; however, due to the number of recommendations received from the New York State Historic Preservation Office (SHPO) in response to our coordination to address public comments pertaining to archaeological resources, the filing date was extended to June 3, 2019. On May 28, 2019 the Planning Board received a letter from the Tribal Council Unkechaug Indian Nation requesting a consultation and meeting. To adequately respond to SHPO and the Tribal Council Unkechaug Indian Nation, a meeting is necessary. The Planning Board is now extending the timeframe to file the FEIS to July 8, 2019. A meeting is in the process of being scheduled. If you have any questions, please do not hesitate to contact this office at 631-765-1938. lResper erry, AIC istant Town Plan ni Director cc: Lyle and Carol Tuthill TRIBAL COUNCIL UNKECHAUG INDIAN NATION `Ub P P.O. BOX 86 T UNKECHAUG INDIAN TERRITORY P�I 4 L, M I MASTIC, NY 11950 (631) 281-6464 " May 24, 2019 MAY 2 8 Z019 NYS Parks, Recreation, and Historic Preservation " � �in �e Board Division of Historic Preservation P.O. Box 189 Waterford, NY 12188 Attn: Tim Lloyd, Ph.D. RPA Scientist Archeology Town of Southold Planning Dept. 54375 State Route 25 Southold, NY 11971 Attn: Mark Terry, Principal Planner Re:Tuthill 80/60 Conservation Subdivision Open Development Gentlemen: In response to the email I received from Tim Lloyd, Ph.D. please be advised that the Unkechaug Nation hereby submits this letter of consultation concerning the development and archeological matters on the above referenced site. Please forward me copies of the archeological survey reports as well as the proposed development. While the email of Dr. Lloyd suggest that the article in the Riverhead News was incorrect, i.e. that no remains were found, the article was very specific that in addition to artifacts unearthed in the "South Brown" site, there were: "transitional-style burial with cremation, (an) artifact cache, red ochre (and a) possible bone bundle at deep level". This appears to be a direct quote from the Tracker Report and belies the statement that no remains were found. These inconsistencies need to be resolved. I also request a meeting with all parties to review this data in detail, after receipt of all pertinent reports. "]uu:: I.you for your prompt reply o my telephone inquiry, Dr. Lloyd and I look forward to lae,a ri : ;,from you further. " Y( �'rs tru� ' B :�� � , ,i�� ; me.µ U eliaug Nation Archaeological surveys revealed `historic remains' at proposed subdivision U The Southold Town Planning Board is moving forward cautiously with the proposed Tuthill conservation subdivision—four parcels totaling 112 acres in Orient—as archaeological research, evaluation and field testing continue to reveal multiple"historic remains"on the property. Members of the Tuthill family,whose ancestors are believed to have arrived in Orient in 1640,own two parcels along Route 25 and another two along Narrow River Road in Orient. All four parcels are part of the family's Oysterponds Holding Company and are used for agriculture and aquaculture as well as building lots that can be passed down across generations.The Tuthills are proposing that 94 acres of the property be preserved, while the remaining 18 acres be developed as 17 residential lots. In 2011, Tracker Archaeology Services Inc. conducted a preliminary archaeological documentary study of the sites,known as a Phase 1 A investigation, as part of the subdivision review process. The study, initiated by the applicant, supported by the Planning Board and required as part of the SEQRA process, was intended to determine the potential for recovery of prehistoric and historic archaeological remains on the properties. "Orient has a high occurrence of archaeological sites to investigate,"assistant town planning director Mark Terry said Wednesday. "The applicant decided to conduct the surveys in 2011 and 2015.And it was at the Planning Board's request in anticipation of needing that type of information for the SEQRA analysis. SEQRA assesses the potential agricultural impacts to cultural resources, including archaeological resources. Therefore, it's usually necessary in the SEQRA process." While it didn't come as a surprise that Native American trails were found, a variety of what Tracker Archeology classified as"remains"were also unearthed. These discoveries present the Tuthills with a choice: They can either authorize more advanced archeological investigation of their properties or voluntarily reposition the potential building sites away from areas where artifacts have been found. If they proceed with the former,they will assume potentially significant costs. In addition, if any items found are deemed to have historical importance,the recovery, excavation and mitigation processes would take time, delaying the start of any residential development. Landowners Reggie and Lyle Tuthill attended Monday night's Planning Board work session, but declined to comment. The 2011 investigation found that one of the four parcels,known as South Brown,had been the site of a five-acre Indian village, an area comprising several camps that existed about 600 years before European settlement. There, investigators discovered relics and shell midden and, on the plowed surface,more than 300 scrapers.Also found there were chipped stone tools and 51 other artifacts identified as"white quartzite fragments,"nine of which were also classified as tools. ru. rvwwwx� ".mow. v� Y 1 p� /r a North Brown „ project area -Q------------ uvY yy '/ any"�P�2o'" �0 d a' M +v ♦ ,r�` North Dyer ° " p a roject area C South Brown .,,� am " " project area : �a South Dyer Nt tr"�rM project area LD O o a. n 1 r , r r Z �. N FigureR4uNER I f Portion of the Orient, NY USGS T , a� 1 QD'J 2C"„,"® YARDS n—l—r "_r P._r� ,. .w p 9 r"� r C H t �krah4 .R� :� At another parcel,called North Brown, niore shell rnidden were found as well as what the Tracker report describes as a"transitional-style burial with cremation, [an] artifact cache, red ochre [and a]possible bone bundle at deep IMI,"It is Unclear whether any human bones were found and, if so, to whom they belonged. "The state has given us indication that the Orient burial site may be on the northeast section of the North Brown parcel,"Mr. Terry said. "There's no way to confirm the presence or absence without doing the Phase 11 investigation," Tracker's 2011 report listed the properties as having"a high to higher than average potential for the recovery of nineteenth-to early twentieth-century Euro-American sites and a higher than average potential for Native American historic sites." In 2015, when Tracker conducted a Phase I B survey"to provide physical evidence for the presence or absence of archaeological sites on the project area,"artifacts were again recovered at the South Brown site. Shovel tests conducted across the area at 15-to 17.5-i-neter intervals also found a prehistoric site along the North Brown bluff on Long Island Sound. Stone relief sculptures of Native Americans were discovered along the North Brown beach as were the remains of an early 20th-century brick and lumber building, known,according to the property owners, as the "House of Seven Gables." At an earlier Planning Board public hearing,Dr.Joel Klein, a local archaeologist, expressed concern about how the town and the property owners have handled the situation. He argued that the town was not giving the potential environmental impacts of development enough consideration. Dr. Klein made the case that Tracker's Phase I B report"does not incorporate or consider the results of the Phase IA investigation," Tracker Archaeology and officials from the state Office of Parks,Recreation and Historic Preservation are recommending that a Phase II investigation be conducted. This would require intensive testing and assessment involving a"neat plow,"or a deeper dig,that would allow investigators to interpret archaeological finds more closely and determine if any of the sites are eligible for placement on the National Register of Historic Places.Phase 11 would supply information about site integrity,cultural components or affiliations and time range present,vertical and horizontal distribution of archaeological remains and site interpretation. "The discovery of a significant archaeological site, especially one which might contain human remains," Dr. Klein said, "could render the parcel unusable, or usable only after a costly archaeological data recovery project."Dr. Klein said in a March 2019 letter to the Planning Board that he is concerned his tax dollars may have to be spent defending potential legal challenges brought on by an inadequately overseen subdivision proposal. Tracker's principal investigator Alfred Cammisa will be contacting Tim Lloyd of NYS OPRHP, Mr. Terry said,to discuss the best way forward. Comments 5/124/2019 Tuthill Subdivision From: Lloyd, Timothy(PARKS) <Timothy.Lloyd@parks.ny.gov> To: Hwal1 @aol.com <HWAL1 @aol.com>; David Martine<DavidMartine@shinnecock.org> Cc: Terry, Mark<mark.terry@town.southold.ny.us>; Herter, Nancy(PARKS)<Nancy.Herter@parks.ny.gov> Subject: Tuthill Subdivision Date: Fri, May 24, 2019 11:26 am Attachments: ResponsetoPhaselBreport.pdf(184K), ResponsetoSubmission6.pdf(93K) Chief Wallace and Mr. Martine: n behalf of the Town of Southold, I invite you both to consult regarding potential impacts to Native American archaeological deposits. The Town asked for advice from the Division for Historic Preservation of the Office of Parks, Recreation and Historic Preservation (OPRHP) regarding potential Impacts of the proposed Tuthill subdivision on historic cultural resources. The Tuthill project consists of the proposed subdivision of four parcels for residential development. The four parcels are named North Dyer, South Dyer, North Brown, and South Brown, and they are located in the hamlet of Orient. An archaeological survey was conducted for the location of lots proposed for development. I reviewed the results of the archaeological survey and issued the two attached letters. A recent news article stated that human rernains were recovered during the archaeological survey, That is NOT correct. Native American artifacts were recovered from Lot 1 of the South Brown parcel. Lot 1 is a little under one acre and a total of 51 artifacts were collected, consisting mostly of Waste flakes from stone tool production. No Native American artifacts or features were identified during the archaeological testing on the North Brown parcel. However, due to the proximity of the Native American Orient burial Site, I have recommended additional testing of the northern portion of the North Brown parcel. No Native American artifacts or features were identified on the North Dyer and South Dyer parcels. I halve copied Mark Terry, Principal Planner for the Town of Southold. If you would like to consult regarding the project, please respond to both Mr. Terry and me. If we do not receive a response within g days, we will assume that you do not desire to engage in consultation. If you have questions regarding the proposed development, please direct them to Mr. Terry, Direct questions regarding archaeological matters to me, If you would like a copy of the archaeological survey report„ please let me know. I can try to email the report (`I MB). ,Thank you for your time, Tim Lloyd, Ph.D. Scientist—Archaeology Division for Historic preservation New York State Parks, Recreation & Historic Preservation llttps;l/aril1.aoLeorn/rye tarn ail-stdden-ors/P ri ntM essaa e 5/24/2019 Tuthill Subdivision Peebles Island State Park, P.O. Box 189,Waterford, New York 12188-0189 518-268-2186 1 11Dothyjloy A@parks.ny.gov https://parks.ny.gov/shpo Are you registered to vote?RegisN,,r to. vote gjin2_ridgy.Moved recently?Update your information with the NYS Board of Elections.Not sure it you're registered;to vote? Search y LtLrvm.(�r rqgjFatrijt�wn status, CI https://mail.aol.com/webmaii-std/en-us/PrintMessaqe 2/2 eNEW YORK Parks, Recreation, STATE OF OF'POR7l1rVI7Y and Historic c Preservation ANDREW M. CUOMO ERIK KULLESEID Governor Commissioner May 06, 2019 Mr. Mark Terry Principal Planner Town of Southold Planning Department 54375 State Route 25 Southold, NY 11971 Re: DEC Tuthill 80/60 Conservation Subdivision Open Development North Dyer, South Dyer, North Brown and South Brown Parcels, Southold, NY 14PR04296, 15PR00026, 15PR00025, and 15PR00024 Dear Mr. Terry: Thank you for requesting, the comments of the Division for Historic Preservation of the Office of Parks, Recreation and Historic Preservation (OPRHP). We have reviewed the submitted' materials 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. The Tuthill 80/60 Conservation Subdivision Open Development consists of the proposed subdivision of four parcels, for residential development, within the Town of Southold. OPRHP is reviewing the proposed subdivision of the four parcels as four separate projects. The parcels/projects are named North Dyer(14PR04296), South Dyer(15PR00026), North Brown (15PR00025) and South Brown (15PR00024). Two archaeological reports have been reviewed by OPRHP: "Phase IA Archaeological Documentary Study for the Proposed Tuthill Subdivision, Orient, Town of Southold, Suffolk County, New York" (OPRHP Survey No.15SR00136, report date March 2011) and "Phase IB Archaeological Survey for the Proposed Tuthill Subdivision, Orient, Town of Southold, New York" (OPRHP Survey No. 18SR56247, report date December 2015), The archaeological survey reports address all four parcels.. Therefore, OPRHP has prepared this single response,„ which addresses the Phase I archaeological survey conducted on all four parcels, North Dyer— 14PRO4296 On Pages 1 and 2 of the Phase IB archaeological survey report there is mention of a stone foundation and a nearby pile of"associated house rubble" identified on the North Dyer parcel The foundation is depicted on Figure 2A, on the south side of Lot 2, grid it is shown In Photo 3. It Is OPRHP°s opinion that the foundation and associated rubble constitutes an archaeological site, Division for Historic Prese rvation P.O. Box 189,Waterford, New York 12188-0189•(518)237-8643•www.nysparks.com Mr. Mark Terry May 06, 2019 Page 2 i The Phase IB report does not clearly identify the foundation and rubble as an archaeological site and an archaeological site on the North Dyer parcel was not submitted into OPRHP's Cultural Resource Information System (CRIS). Archaeological sites are submitted into CRIS during the process of archaeological survey report submission. OPRHP has created an archaeological site for the foundation and rubble (Unique Site Number (USN) 10310.001477) and is requesting the submission, via CRIS, of relevant archaeological site information. OPRHP recommends the following revisions to the Phase IB archaeological survey report, revisions related to the foundation and rubble. • The text should be revised to clearly state that the foundation and rubble represent an archaeological site. • An attempt should be made to correlate the foundation with structures indicated on j historical maps that were analyzed as part of the Phase IA Documentary Study. • Recommendations shduld be made regarding the potential eligibility of the site for listing in the State and/or National'Registers of Historic Places (S/NRHP). • Recommendations should be made regarding the potential need for additional investigation to assess the site's eligibility for listing in the S/NRHP. South Dyer - 15PR00026 No archaeological resources were identified during the Phase IB archaeological survey of the proposed building Lots and access road for the South Dyer Parcel. It is OPRHP's opinion that no additional archaeological investigation is necessary for the areas addressed in the December 2015 Phase IB archaeological survey of the South Dyer parcel (Survey No. 18SR56247). North Brown — 15PR00025 No archaeological resources were identified during the Phase IB archaeological survey of the proposed building lots and access road for the North Brown Parcel. It is OPRHP's opinion that no additional archaeological investigation is necessary for the areas addressed in the December 2015 Phase IB archaeological survey of the North Brown parcel (Survey No. 18SR56247). South Brown — 15PR00024 A Pre-Contact Period Native American archaeological site was identified on Lot 1 of the South Brown parcel. Lot 1 is a little under one acre (0.92 acres) and it was surveyed using a combination of shovel tests and the collection of artifacts visible on the ground surface (surface survey). A total of 51 artifacts were recovered, one from a shovel test and the remainder from the surface. The artifact assemblage primarily consists of waste flakes from stone tool production/modification, but the assemblage also includes two projectile points. Projectile points can be temporally diagnostic artifacts. Through an analysis of the morphological characteristics, points can potentially be classified and assigned to a prehistoric time period. ThPrP is no analysis of the recovered projectile points in the Phase IB report and there is no photograph of the points. Division -for Historic Preservation P.O.Box 189,Waterford, New York 12188-0189 • (518)237-8643•www.nysparks com Mr. Mark Terry May 06, 2019 Page 3 The Phase IB report states that the Native American archaeological site on Lot 1 of the South Brown parcel "continues south off the project area toward the water and the recorded Hallock Site" (report p. 2). The author's conclusion that the site extends south towards the Narrow River (the River is southeast of Lot 1) is based on comments made to the author by a local artifact collector, as noted on report page 2. There are several nearby Native American archaeological sites that are south and east of Lot 1, including Latham Brothers, Hallock, Five Acre Indian Village, and Brown Brothers, The closest previously recorded site is the Five Acre Indian Village (USN 1010.000008). It is OPRHP's opinion that the artifacts recovered on Lot 1 are likely part of the Five Acre Indian Village site. Therefore, the information that was submitted into CRIS for the artifacts recovered on Lot 1 was linked to the Five Acre Indian Village. OPRHP recommends the following revisions to the Phase IB report relating to the Native American artifacts recovered on Lot 1. • The text should be revised to include an analysis of the recovered projectile points. • Figure 2D Addendum shows the results of the shovel tests excavated in Lot 1, but there is no indication of the surface finds and no indication of the boundary of the archaeological site. The figure should be revised to include the locations of surface finds, and/or concentrations of artifacts, and the site boundary should be indicated, OPRHP recommends that impacts to the Native American archaeological site on Lot 1 of the South Brown parcel be avoided, If impacts to the site cannot be avoided, then OPRHP recommends a Phase II investigation to evaluate the site for eligibility for listing in the S/NRHP. Lot 1 is located approximately 950 feet northwest of Narrow River Road, The site plan for the South Brown parcel shows a 15' "tide Driveway Easement" extending from the southwest corner of Lot 1 southeast to Narrow River Road. Given the known archaeological resources in this area, the route of the proposed driveway should be archaeologically surveyed. OPRHP recommends a Phase IB archaeological survey of the proposed route of the driveway to Lot 1. If further correspondence is required regarding this project, please refer to the OPRHP Project Review(PR) number noted above. If you have any questions, I can be reached at 518-268- 2186. Sincerely, Tim Lloyd, Ph.D., RPA Scientist- Archaeology timothy,Iloyd@parks,ny.gov via e-mail only Division for Historic Preservation P.O. Box 189,Waterford, New York 12188-0189•(518)237-8643•www.nysparks.com Recreation, STTE OF F'PO UNITYI and Parks,NEW YORK + Historicr ANDREW M. CUOMO ERIK KULLESEID Governor Acting Commissioner May 09, 2019 Mr. Mark Terry Principal Planner Town of Southold Planning Department 54375 NY 25 Southold, NY 11971 Re: DEC North Brown - 80/60 Conservation Subdivision Open Development Area Tuthill Main Road (Route 25), Southold, NY 15PR00025 Lear Mr. Terry: In my previous letter dated May 6, 2019, which addressed the Phase I archaeological survey of the North Brown parcel (Survey Nos, 15SR00136 and 18SR56274), I stated that it was the opinion of the New York State Office of Parks, Recreation and Historic Preservation (O,PRHP) that no additional archaeological investigation was necessary for the North Brown parcel, I am rescinding that opinion, It is OPRHP s opinion that supplemental Phase IB archaeological' work is needed for the northern portion of the Brown parcel. For the Phase 16 archaeological survey of the North Brown parcel (18SR56274), shovel tests were excavated at 15 meter(50 ft.) intervals, which is the standard interval applicable for most situations, However, it has come to my attention that the Native American Orient burial site (OPRHP Site No. 10310.000264 and New York State Museum (NYSM') Site Nos. 697 and 698) is near the northern portion of the Brown parcel. It is my recommendation that a supplemental Phase IB field investigation be conducted in the northern portion of the Brown Parcel, because shovel tests excavated at 15 meter intervals are inadequate for the identification of burials. OPRHP recommends mechanical' stripping of the topsoil at select locations in the northern portion of the North Brown parcel. Mechanical stripping of the topsoil is done to search for indications of burial pits on the surface of the subsoil. OPRHP recommends that a work plan for the supplemental Phase IB archaeological investigation be submitted to OPRH'P for review, prior to initiating the survey. OPRHP further recommends that the Town of Southold consult with the Shinnecock Nation regarding the supplemental archaeological Investigation and the proximity of a known Native American burial site. OPRHP can assist with the Shinnecock consultation. Division for Historic Preservation P.O. Box 189, Waterford,New York 12188-0189•(518)237-8643•parks.ny.gov I Mr. Mark Terry May 09, 2019 Page 2 If further correspondence is required regarding this project, please refer to the OPRHP Project Review (PR) number noted above. If you have any questions, I can be reached at 518-268- 2186. Sincerely, �y 1 r Tim Lloyd, Ph.D., RPA Scientist- Archaeology timothy.11oyd@parks.ny.gov via e-mail only i l i i i i Division for P.O.Box 189,Waterford,New York 12188-0189•(518)237-8643-parks.ny.gov WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, May 20, 2019 4:00 p.m. Southold Town Meeting Hall 3:30 p.m. Executive Session — Advice from Town Attorney 4:00 p.m. Applications Na Project m� me{ Subdivision ' SCTM#: 1000-17.-4-16, 17.-6-14.2, 18.-1 Location: 21505 Rt. 25, 21070 Rt. 25, 26975 Rt. 25, 7685 Narrow W. _.. River Rd., 8070 i Narrow River Rd., Orient Description. This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6- 17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be 4 preserved. This project proposes the transfer of yield pursuant to §240- i 42 G of the Southold Town Code. Status Pending Action: Review the OPRHP Recommendations ..._ Report Attachments Staff_ S . .... _ . Project Name: I North Fork United Methodist Church SCTM#: ; 1000 63-1-15 I. Location 43960 CR 48 Southold ... ...._. ' Description; This Site Plan is for the proposed construction of a 7,640 sq. ft. place of worship and 42 parking stalls including 4 ADA on 2.45 acres in the Limited Business (LB) Zoning District. a Status: Pendin . Action ; Review for CO Attachments: Staff Repo rt rt � Pro ....._ � Pointe) at Cutcho.. � _�... __ } 102 1-33.3 C ject Name The He g ue 2015 Harvest SCTM#i 1000- , Location. 75 Schoolhouse Road on the n/w corner of Griffin� m g Street and School 4 H ...Road, _ g I Description. This proposed Residential Site Plan i I 1„079 feet n/o the Main in utc o ue. s for development of 124 detached � and attached dwelling, with a 6,188 sq. ft. community center, an outdoor swimming pool, one tennis court, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning,,District. Status- Approved with Conditions Action. Review Northern Long Eared Bat Report, Phase 2 B-Units Attachments: Staff Report Southold Planning Department Staff Report Subdivision Application Work Session Review Date May 20, 2019 Prepared By: Mark Terry I. Application Information Project Title: Tuthill Oysterponds Holding Company Applicant: Tuthill Oysterponds Holding Company Date of Submission: July 3, 2014 Tax Map Number: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Project Location: 21505 Route 25 Hamlet: Orient Zoning District: R-80 & R-200 II. Description of Project Type of Subdivision: 80/60 Conservation Subdivision Acreage of Project Site:. This proposal is for an 80/60 Conservation Subdivision of four parcels SCTMs 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. III: Status Review of Sketch Plan/ SEQR Process IV: Action to review Review comments received by the Office of Parks, Recreation and Historic Preservation Historic Preservation Office. Extend timeframe to file FEIS. V: Analysis 1. The OPRHP Historic Preservation Office is requesting additional information regarding archeological and historical data. a. The first request involves uploading the following information into the Cultural Resources Information System (CRIS): i. Photographs and documentation on buildings 50 years of age or older adjacent to each property. Documentation should include Southold Planning Department Staff Report original photos of each exterior elevation, construction date if known, current address, and comments about current condition. ii. Information on existing local Historic Districts and landmarks, Staff: The request was forwarded to Amy Folk, Town Historian, who has compiled information to satisfy the request. Amy and staff will upload the requested information into CRIS. This is the first step in assessing the eligibility of certain structures to be listed on the NYS National Register of Historic Places. Once the information is reviewed by the OPRHP staff I expect further comments. ORIENT HISTORIC DISTRICT There is discrepancy of the Orient Historic District boundary between the Town and the OPRHP. Town Boundary The Positive Declaration issued by the Planning Board incorrectly identified South Dyer as adjacent to the Orient Historic District (District) using the best available information at the time in the Town's GIS system (Figure 1). The Orient Historic District as adopted by the Town Board shows the western line intersecting a small area of the South Dyer parcel in the lower, southeast corner. HB m. e„a -Figure 1. Town of-Sauthotd Orierrt-Histoft District Malrrrrrelation to-the South-Dyer parcel. Southold Planning Department Staff Report State Boundary The New York State Orient Historic District map includes a larger area of the South Dyer parcel as within the Orient Historic District. The area is where the four lots and construction of four single-family residences are proposed. A small area of the North Dyer parcel north of NYS Route 25 is also included (Figure 2). . V y r V r v s. 'k 1 d"A ewuO. Ilunlimaifiu�YuukVr�u:ll ��',, r s, Figure 2. New York State Orient Historic District Map (ArcMap) in relation to the South Dyer parcel. Chapter 170 Landmark Preservation of the Southold Town Code does not require the review of new construction by the Town of Southold Historic Preservation Commission. The OPRHP could seek a condition that the Southold Landmark Preservation Commission would review of the new construction on the lots.. b. The second request recommends the following changes to the Phase 1 B Archaeological Survey (December 2015): i. North Dyer: A foundation found on North Dyer was not discussed, OPRHP recommends the following revisions. • The text should be revised to clearly state that the foundation and rubble represent an archaeological-site, 3 Southold Planning Department Staff Report • An attempt should be made to correlate the foundation with structures indicated on historical maps that were analyzed as part of the Phase IA Documentary Study. • Recommendations should be made regarding the potential eligibility of the site for listing in the State and/or National Registers of Historic Places (S/NRHP). • Recommendations should be made regarding the potential need for additional investigation to assess the site's eligibility for listing in the S/NRHP. Staff: Forward comments to TRACKER Archeology Services Inc. ii. South Brown: A Pre-Contact Period Native American archaeological site was identified on Lot 1 of the South Brown parcel. OPRHP recommends the following revisions to the Phase IB report relating to the Native American artifacts recovered on Lot 1. • The text should be revised to include an analysis of the recovered projectile points. • Figure 2D Addendum shows the results of the shovel tests excavated in Lot 1, but there is no indication of the surface finds and no indication of the boundary of the archaeological site. The figure should be revised to include the locations of surface finds, and/or concentrations of artifacts, and the site boundary should be indicated. • OPRHP recommends that impacts to the Native American archaeological site on Lot 1 of the South Brown parcel be avoided. If impacts to the site cannot be avoided, then OPRHP recommends a Phase II investigation to evaluate the site for eligibility for listing in the S/NRHP. • A Phase IB archaeological survey of the proposed route of the driveway to Lot 1 is also recommended. Staff: Forward comments to TRACKER Archeology Services Inc. c. North Brown: A Native American burial site, known as the Orient site may be located on the parcel. The Orient site is repeatedly mentioned in archaeological literature, but is vague regarding the site's precise location. The information indicates that the site is near the northeastern portion of the parcel. OPRHP recommends: • That a supplemental Phase IB field investigation be conducted in the northern portion of the Brown Parcel, because shovel tests excavated at 15 meter intervals are inadequate for the identification of burials. 4 Southold Planning Department Staff Report • Mechanical stripping of the topsoil at select locations in the northern portion of the North Brown parcel. Mechanical stripping of the topsoil is done to search for indications of burial pits on the surface of the subsoil. ® That a work plan for the supplemental Phase IB archaeological investigation be submitted to OPRHP for review, prior to initiating the survey. • That the Town of Southold consult with the Shinnecock Nation regarding the supplemental archaeological investigation and the proximity of a known Native American burial site. OPRHP will assist with the Shinnecock Nation consultation. Staff: A portion of the open space and Lots 2, 3, and 4 occur in the north east corner of the parcel. It is recommended that staff and representatives from TRACKER Archaeology Services, Inc. contact the OPRHP to discuss the feasibility and timing of a supplemental Phase 1 B study in context of the SEQR process. The earlier the supplemental Phase 1 B field investigation is performed within the SEQR process, the earlier the landowners would confirm the presence or absence of cultural artifacts on site and potential adverse impacts. Note that the area to be investigated should include the locations of transferred lots from South Dyer and potentially South Brown. The Planning Board could require a supplemental Phase 1 B field investigation later in the process, however, there could be financial and timeframe risks if the lots needed to be relocated due to the discovery of a burial site. If the property is appraised for the sale of development rights the relocation of lots may force a re-appraisal. It is recommended that the supplemental Phase 1 B field investigation is conducted as soon as possible so that the findings of the report can be incorporated into the SEQR analysis. d. South Dyer: No further archaeological recommendations. FEIS Timeframe Due to the additional requests for, information from OPRHP, the Board may want to discuss extending the FEIS timeframe to July 8tn VI: Items to Consider 1. Seek approval from the applicant to proceed. 5 Southold Planning Department Staff Report 2. North Dyer and South Brown: Forward OPRHP comments to TRACKER Archaeology Services Inc. for revisions to the Phase 1 B investigation report (December 2015). 3. North Brown: Forward OPRHP comments to TRACKER Archaeology Services, Inc. requesting a supplemental Phase 1 B field investigation. Arrange a conference call between landowner, staff, TRACKER Archaeology Services Inc. representatives and OPRHP to discuss area to be investigated and timing. Contact the Shinnecock Nation regarding known Native American burial site. 4. Require that the recommended supplemental Phase 1 B field investigation be conducted as soon as possible to determine the final location of the lots and provide information for the SEQR process. 5. Allow for adequate time to receive a corrected Phase 1 B (December 2015) report from TRACKER Archaeology Services Inc. and submission of the supplemental Phase 1 B field investigation on North Brown. Consider extending the timeframe to file the FEIS from June 3rd to July 8tn. 6 OFFICE LOCATION: %V MAILING ADDRESS: Town Hall Annex , 1 P.O. Box 1179 54375 State Route 25 `6, Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov 1100 PLANNING BOARD,OFFICE TOWN OF SOUTHOLD April 26, 2019 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, New York 11957 Re: Proposed Conservation Subdivision for Tuthill Oysterponds Holding Company SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Zoning Districts: R-80 & R-200 Dear Mr. Tuthill: The Planning Board is in the process of drafting the Final Environmental Impact Statement (FEIS) for the proposed 80/60 Conservation Subdivision for Tuthill Oysterponds Holding Company. As per the New York State Environmental Quality Review (SEQR) recommended timeframes, the Planning Board, as Lead Agency, has 45 days to file the FEIS or May 2, 2019. As agreed, the Planning Board is extending the timeframe to file the FEIS to June 3, 2019 to adequately address public comments. If you have any questions, please do not hesitate to contact this office at 631-765-1938. Respectfully, ark Ter ` AICP Assistant Town Planning Director cc: Lyle and Carol Tuthill ENB-Region 1 Notices 2/20/2019-NYS Dept. of Environmental Conservation Page 1 of 3 NE YORK Depart ment of STATE OF OPPORTUNITY Environmental Conservation Reglon 1 Notices 2/2 /2 19 Public Notice Petroleum Bulk Storage (PBS) Program - Notice of Authorization for Delegation of PBS Program to Suffolk County Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) has, by a Commissioner's final decision letter dated September 17, 2018, and an Order dated February 6, 2019, approved Article 18 of the Suffolk County Sanitary Code, entitled Petroleum Bulk Storage, that establishes a new County petroleum bulk storage (PBS) program. This action is taken under 6 NYCRR § 613-1.7 which provides the regulatory processes for NYS DEC to consider an application for approval of a local law or ordinance establishing a local PBS program, impose conditions for approval, and rescind a previous approval. All previous Orders regarding the establishment and implementation of a PBS program in Suffolk County, including the Order dated October 20, 1986 and the Interim Order dated April 10, 2017, are superseded by the terms of the February 6, 2019 Order. Contact: James Quinn, NYS DEC - Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020. Phone: (518) 402-9553. E-mail: derweb@dec.ny.gov. Positive Declaration and Availability of Draft Scope Nassau County - The City of Glen Cove City Council, as lead agency, has determined that the proposed Brownfield Opportunity Area (BOA) Step III Implementation Strategy for the Orchard Neighborhood and Sea Cliff Avenue Corridor may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. The comment period on this Daft Scope has been extended until March 8, 2019. The Draft Scope is available from City of Glen Cove City Clerk's Office, 9 Glen Street, Glen Cove, NY 11542 and on line at: www.glencove- li.us/boa-step-iii-implementation-strategy/. The action involves the adoption of a Step III Brownfield Opportunity Area Implementation Strategy which outlines recommendations to achieve redevelopment of strategic sites/areas within an area of the City of Glen Cove, New York, generally bounded by the City of Glen Cove southern border, the LIRR to the west and north and Cedar Swamp Road to the east (with the addition of the former Coles School property on the east side of Cedar Swamp Road). The adoption of the Step III BOA will allow the City of Glen Cove to move forward with recommendations that could include physical improvements such as sidewalk, lighting and drainage improvements as well as zoning changes that will enable redevelopment consistent with the vision for the area. Contact: Ann Fangmann, City of Glen Cove, 9 Glen Street, Glen Cove, NY 11542, Phone: (516) 676- 1625, E-mail: boafeedback@glencovecda.org. http://www.dec.ny.gov/enb/20190220—noti.html ENB- Region 1 Notices 2/20/2019-NYS Dept. of Environmental Conservation Page 2 of 3 Notice of Acceptance of Draft EIS and Public Hearing Suffolk County - The Village of Port Jefferson, as lead agency, has accepted a Draft Environmental Impact Statement on the proposed 44o Main Street. A public hearing on the Draft EIS will be held on March 14, 2019 at 6:30 p.m. at the Port Jefferson Village Hall, 121 West Broadway, Port Jefferson, NY 11777. Written comments on the Draft EIS will be accepted until March 24, 2019. The Draft EIS is available from the Port Jefferson Village Hall, Port Jefferson Free Library, Port Jefferson Building and Planning Department and on line at: www.portjeff.com. The action involves a site development plan and conditional use application for a 3 story mixed-use building in the Central Commercial C-1 District. The ground level proposes 1,200 square foot Retail/Non-medical office, 1,500 square foot Restaurant Use and 750 square foot for a Fitness Center for resident use and surface on-site parking. The second and third floors propose 46 apartment units (44 one bedroom and 2 two bedroom) The proposed redevelopment will replace an existing mixed-use structure (Cappy's Carpet) and a boat repair and storage yard and associated paving. The property is a through-lot with frontage on Main Street and Barnum Avenue. The project is located on the west side of Main Street approximately 212 foot north of the intersection of Barnum Avenue and Main Street in the Village of Port Jefferson, New York. Contact: Jennifer Sigler, Village of Port Jefferson, 88 North Country Road, Port Jefferson, NY 11777, Phone: (631) 473-4744, E-mail: jsigler@portjeff.com Suffolk County - The Town of Southold Planning Board , as lead agency, has accepted a Draft Environmental Impact Statement on the proposed Tuthill Conservation Subdivision . A public hearing on the Draft EIS will be held on March 11, 2019 at 6:02 p.m. at the Town of Southold Meeting Hall , Main Road, Southold, NY. Written comments on the Draft EIS will be accepted until March 21, 2019. The Draft EIS is available from the Southold Town Planning Department and on line at: http://www.southoldtownny.gov/270/Environmental-I mpact-Statements. The action involves a proposal for an 80/60 Conservation Subdivision of four parcels, with a total area of 112 acres, into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240-42 G of the Southold Town Code. • North Dyer equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 5.7 acres of unbuildable lands. • South Dyer equals 35.3 acres proposed to be subdivided into 5 lots and includes a reserve area for agricultural related use where the lots and reserve area range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 14.6 acres of unbuildable lands. • North Brown equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. • South Brown equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acre of unbuildable lands. The project is located at 21505 Route 25 in Orient, Town of Southold, New York. Contact: Donald Wilcenski, Town of Southold, 54375 State Route 25, Southold, NY 11979, Phone: (631) 765-1938. http://www.dec.ny.gov/enb/20190220—notl.html ENB- Region 1 Notices 2/20/2019-NYS Dept. of Environmental Conservation Page 3 of 3 c. http://www.dee.ny.gov/enb/—?0190220—notl.html WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, April 8, 2019 4:00 p.m. Southold Town Meeting Hall 3:30 p.m. Executive Session — Advice from Town Attorney 4:00 p.m. Applications Location: Po er Eq11 u11 i11 pment Plus � SCTM#. 1 1000-141 4 11 ct N a� me J Power _ f Pacific Street, Mattituck Description, m.a .... .... .... _ ............ n. C This site plan is for the proposed conversion of an existing 3,011 sq. ft. auto garage to an equipment repair/service/sales center, an existing ±2,800 sq. ft. building to remain as storage, and construction of 16 "p g stalls; all on 1.17 acres in the HB Zoning District. Status: P endin Review for Determination m....... .. _ g. C Attachments: Staff Report ..._. .., ww._ m.... Project Name: B 9 division SCTM#: " 1000-95.-1-7.2 & 8.3 r _1111, in Conservation Sub Location 6795 & 7755 Oregon"Road, Cutchogue Description: This proposal is for a 75/75 split clustered Conservation Subdivision of 84.72 acres, currently existing as two adjacent parcels, SCTM#1000-95- 1-8.3 (54.24 acres) and SCTM#1000-95-1-7.2 (30.49 acres), into 8 residential lots ranging in size from 2.1 to 3.9 acres, a right of way of 2.2 acres, and 2 agricultural lots totaling 60+/- acres from which development) rights are proposed to be sold to Suffolk County, in the AC and R-80 Zoning Districts" - _ Status Conditio nal Sketch Plan Action SEQRA Environmental Assessment & Final Plat Determination ..... Attachments: Staff Report _ Project Name: Tuthill Conservation Subdivision SCTM# 1000-17-4-16, 17-6-14.2, 18-3-' 30.3, 18-6-17.3, 18-6-18.1 Location: 21505 Rt. 25, 21070 Rt. 25, 26975 Rt. 25, 7685 Narrow River Rd., 8070 Narrow River Rd., Orient ... Description: This proposal .a ......_ A. is for an 80/60 Conservation Subdivision of four parcels SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6- 17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be j preserved. This project proposes the transfer of yield pursuant to §240- 42 G of the Southold Town Code. Status. Pending" Action: Re view Comments on DEIS Attchments, Staff Report ., Southold Planning Department Staff Report Subdivision Application Work Session Review Date April 8, 2019 Prepared By: Mark Terry I. Application Information Project Title: Tuthill Oysterponds Holding Company Applicant: Tuthill Oysterponds Holding Company Date of Submission: July 3, 2014 Tax Map Number: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Project Location: 21505 Route 25 Hamlet: Orient Zoning District: R-80 & R-200 II. Description of Project Type of Subdivision: 80/60 Conservation Subdivision Acreage of Project Site: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTMs 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. III: Status Review of Sketch Plan/ SEQR Process IV: Action to review Review Written and Verbal Comments on DEIS and Substantive Categories V: Analysis The DEIS was the subject of a Town of Southold Planning Board Public Hearing on March 11, 2019, and written comments on the DEIS were accepted until March 25, 2019. Comments on the Sketch Plan were also accepted on March 11, 2019; however, no comments were received. Verbal comments made during the public hearing are assigned the letter "H" and written comments assigned the letter "W" and numbered in succession. Southold Planning Department Staff Report Support of the Proposed Action Public Hearing Comments H1 - Lyle Tuthill Landowner > General support of project and the conservation subdivision approach. Several other commenters voiced support to the Conservation Subdivision approach in letters that identified numerous specific concerns. Comments in Opposition; and on Concerns with the Proposed Action Public Hearing Comments H1 —Edward Webb - South Der > Concerned about the lots located on South Dyer and within the Orient Historic District. > DEIS incorrectly states that the subdivision parcels are adjacent to the Orient Historic District > Any construction on the lots located within the Orient Historic District will be subject to review by the Historical Preservation Commission. > The DEIS does not show how the visual setting of the Orient Historical District would be affected. > The DEIS does not mentioned individually listed, Town landmarks that are within or close to lots. > The DEIS implies that it will be the applicant who will determine what is appropriate. > Requests a Supplemental Environmental Impact Statement to address the identified outstanding issues. H2 —Joel Klien > Concerned about the adequacy information in the DEIS pertaining to historic and archeological properties. 2 Southold Planning Department Staff Report > Concerned that potential impacts to the Orient Historic District have not been adequately considered. > No View Shed Analysis was carried out with this project. The Visual Impact Study that was performed for the project was a study of the aesthetic impact of the project on the Route 25 scenic byway. It did not specifically address visual impacts to historical properties, most significantly, the Orient Historic District and numerous historic structures along Route 25 located outside the Historic District. > The DEIS is deficient in how it deals with potential impacts to archeological sites. > Concerned on the protection of the previously known Native American Sites on South Brown; an expected major habitation site. No attempt was made to delineate boundaries of this site within the South Brown parcel, apparently, because the investigator recommended a Phase Two intensive testing investigation to collect more information. However, he also states that this need not be done until prior to groundbreaking or construction. This was a serious error for several reasons: One, the absence of a specific condition in the site plan approval, the applicant cannot be required to conduct any archeological investigations and two, the discovery of a significant archeological site on a given parcel either before or during construction could render the parcel unusable or usable only after the expenditure of considerable sums to salvage any discovered remains —which could include human remains — in this case. > The Phase Two investigation should have been required as part of the DEIS process to eliminate the potential problem of a discovery being made on an approved building lot by allowing the relocation of the proposed lot outside the limits of the archeological site and provide more permanent preservation of the archeological site within the conservation subdivision. > The SHBO has never commented on the Phase 1-13 report or concurred with its recommendations - although it was submitted to the SHBO sometime prior to the spring of 2018. The reason for this is that on June 11, 2018, the SHBO requested that the Planning Department provide updated project plans because the areas investigated during the Phase 1-B study: "...do not correspond with the area of potential fact that was initially submitted for this project." > The final DEIS contains only a single page of original text dealing with historic resources including archeological sites. Only four sentences deal with archeology. > The DEIS also includes the three page text of the Phase 1-B report, but the 50 pages of maps, photos and data appendices have been redacted, it is unclear why this was done. > Concerned about how the DEIS process was handled; no formal scoping was done for this project. Southold Planning Department Staff Report > Concerned about the organization of the DEIS and why some people could access the documents and others could not. H3 —Suzanne Horton > What are the guarantees associated with that land never being built upon in the future? > It is R-80 zoning, which usually you have two acre lots. Is that part of a deal to give up that conservation land from preservation so that they can get smaller lots in that area for their family? H4 —Venetia Hands - South Dyer > Glad it's an 80-20 conservation subdivision. > Wants to know what size the houses shown in the Visual Impact Study on South Dyer are, what is the actual square footage of those houses being represented there? > Concerned that the Visual Impact Analysis do not show the maximum house size. > Concerned that there are not regulations that mandate that the future homes are designed to fit into Orient in style and size. > Concerned that the Visual Impact Study reference's lots of houses in Orient that are at least 40,000 square feet. Has anyone seen one of those? Would you tell me where they are so we can go look at them please? And would you tell us what size lot they're on? Are they on an acre? And how visible they are from Route 25? > Is there some way the family can specify a limit on house size? Something less than maximum build out? And what might that limit be? > Wondering if there's a way that the Tuthill family, and you (Planning Board), can set a limit of 6,000 square feet to the houses that can be built there? > Asked the Planning Board to confirm what square footage is shown for each house in the Visual Impact Study on South Dyer. > Does this acreage fall within the Orient Historical Preservation District? And we've heard about that and what does that mean? > Will homeowners and builders be required to install the most advanced wastewater systems available at the time that they build, in all of these lands? > Understands the difference between Visual Impact and View shed, looking only from Route 25. 4 Southold Planning Department Staff Report > View shed was very limited in the Visual Impact Study. What happens if you're standing on Skippers Lane? Or Oyster Ponds Lane? Or even in your garden on Village Lane on the back? What happens when you're looking, when you're out sailing? It hasn't been looked at in its totality. H5 —Nancy Kardwell > Is the height restriction of the house 35 feet in Orient? > Concerned about water supply. > Asked if the town has looked into (water supply) and if there is any plan for moratorium on building that's in the present or in the future? > Very supportive of applicants' efforts. H6 —Jesse Gordon - North Brown > Requests that the access road be placed on western end (boundary) of lot due to less homes, better safety and less curb cuts. > Relocation of the road would be better ecologically and not break up three farms fields trying to preserve as open land. Utility lines and power poles would run through middle of lands to be preserved. > Did not see any analysis of the impact that the construction of those parcels would have on the bluff. > Requests that the Planning Board insist upon an analysis of the stability of that bluff and the impact of all the drainage from that area (lots and farm) is going to have on that bluff. H7 —Deborah Marland > Concerned about timeframe to answer questions. H7 —Jerie Newman - South Der > Concerned about devaluation of property with view interrupted from residence,. H8 —GI nis Berry — South Qyer > Required clarification of process. > What happens if we discover that these markup houses are 4,000 square feet footprint and 8,000 square feet totality —what are you going to do? 5 Southold Planning Department Staff Report Written Comments W1 —John and Thanne Dis enza- South Dyer > Concerned with the four lots proposed on South Dyer and how it will impact the view of shed of Orient and Oysterponds Lane. > Recommends the approval of two lots rather than four with the remaining transferred to one of the three other parcels. W2 — Orient Association — South Dyer > Voices appreciation for the Tuthill's to undertake a Conservation Subdivision. > Seek an accurate rendering of house sizes in the visual impact study conducted for South Dyer. > Mentions Orient Hamlet Plan and resident endorsement of maximum allowable house sizes and to preserve view sheds. > Requests that the Tuthill Subdivision Visual Impact Study accurately depict the maximum allowable house size to the bulk schedule regulations without accessory structures. > Concerned about the R-80 and R-40 setbacks and the possibility of a 16,000 square foot homes. > Concerned that the visual impact study did not take into account Oysterponds Lane and Skippers Lane. > Identifies the 4 lot option on South Dyer as the preferred option. > Recommends the use of I/A OWTS. W3 —Joel Klein (repeated from Public Hearin > Concerned about the adequacy information in the DEIS pertaining to historic and archeological properties. > Concerned that potential impacts to the Orient Historic District have not been adequately considered. > No View Shed Analysis was carried out with this project. The Visual Impact Study that was performed for the project was a study of the aesthetic impact of the project on the Routh 25 scenic byway. It did not specifically address visual impacts to historical properties, most significantly, the Orient Historic District and numerous historic structures along Route 25 located outside the Historic District. > The DEIS is deficient in how it deals with potential impacts to archeological sites. 6 Southold Planning Department Staff Report > Concerned on the protection of the previously known Native American Sites on South Brown; an expected major habitation site. No attempt was made to delineate boundaries of this site within the South Brown parcel, apparently, because the investigator recommended a Phase Two intensive testing investigation to collect more information. However, he also states that this need not be done until prior to groundbreaking or construction. This was a serious error for several reasons: One, the absence of a specific condition in the site plan approval, the applicant cannot be required to conduct any archeological investigations and two, the discovery of a significant archeological site on a given parcel either before or during construction could render the parcel unusable or usable only after the expenditure of considerable sums to salvage any discovered remains —which could include human remains — in this case. > The Phase Two investigation should have been required as part of the DEIS process to eliminate the potential problem of a discovery being made on an approved building lot by allowing the relocation of the proposed lot outside the limits of the archeological site and provide more permanent preservation of the archeological site within the conservation subdivision. > The SHBO has never commented on the Phase 1-B report or concurred with its recommendations - although it was submitted to the SHBO sometime prior to the spring of 2018. The reason for this is that on June 11, 2018, the SHBO requested that the Planning Department provide updated project plans because the areas investigated during the Phase 1-B study: "...do not correspond with the area of potential fact that was initially submitted for this project." > The final DEIS contains only a single page of original text dealing with historic resources including archeological sites. Only four sentences deal with archeology. > The DEIS also includes the three page text of the Phase 1-B report, but the 50 pages of maps, photos and data appendices have been redacted, it is unclear why this was done. > Concerned about how the DEIS process was handled; no formal scoping was done for this project. > Concerned about the organization of the DEIS and why some people could access the documents and others could not. W4 — David Bakus — North Brown > Concerned about the location of the access road on North Brown, W5 — Kevin Terry > Concerned about adverse impacts to the aquifer. Mentions that the aquifer are sole source and periods of drought. 7 Southold Planning Department Staff Report > Mentions surface contamination to the aquifers by chemical or environmental contaminants. Identifies impacts and fresh water well contamination in Orient from the use of Aldicarb, a toxic pesticide now banned. Residents had to filter water using carbon filters. > Requests that a hydrogeologic impact assessment be included that addresses saltwater intrusion and sea level rise. W6 — Jerie R. Newman — South Der > Very concerned about impacts to the scenic view from her residence on Oysterponds Lane. W7 — Ma Morgan — North Brown > Concerned about the increased traffic and pedestrians on NYS Route 25. > Requests that the access road for the North Brown parcel is placed on the west property boundary where existing access road (farm road) currently exists. W8 —Deborah Marland — North Brown > Concerned about the proposed access road on North Brown parcel and the proximity to existing homes. There are 6 homes on the eastern border and 2 on the east. > Proposes to move the access road from the east to the west border. > Identifies advantages of such a move as it would create one curb cut, lessen chances of accidents from ferry traffic and a lower elevation with less runoff. W9 — James Haag > Identifies the character of Orient as important and is concerned about the 17 lots adversely impacting the community and scenic character. W10 — Barry Bergdoll & William R all — North Brown > Requests that the access road for North Brown parcel be located on the west property line. > The eastern edge is occupied by a hedgerow and property what is protected by a conservation easement. Relocation of the road would prevent the interruption of protected lands (landscape). > Would also concentrate accesses.. 8 Southold Planning Department Staff Report W11 —Carmela Constantino — North Brown > Concerned about the proposed access road on North Brown parcel and the proximity to existing homes. Noise and dust from the road. > Proposes to move the access road from the east to the west border. > Identifies advantages of such a move as it would create one curb cut, lessen chances of accidents from ferry traffic and a lower elevation with less runoff. W12 —Jo Ann Constantino — North Brown > Concerned about the proposed access road on North Brown parcel and the proximity to house, disturbance and storm water. Noise and dust from the road, > Requests to move the access road from the east to the west border. W1 Mary Ellen Stevens > Concerned about the adverse impacts on the environment form chemicals , water supply, fishing and shellfishing. > Requests a housing size limit, controls on water usage and adverse impacts on scenic character and water quality. W14 —Leslie Black Robert Black Rick Pe ser and Jan Pe ser > General opposition. > Concerned about the adverse impacts on the environment, history aesthetic and community character including building in the historic District. > Concerned about the building of large homes. > Requests that no variances from zoning or lot size be granted. > Requests moratorium on permitted house sizes. W14—Alix Pearlstein and Bill Adams — North Brown > Concerned about the traffic and safety on SR 25. > Requests moving access road on North Brown parcel to western edge. > Identifies eastern side location as dangerous. > There are two parallel dirt roads on the western edge that could become subdivision road. > Close proximity of 6 houses on east side and only 2 on west side. 9 Southold Planning Department Staff Report > There is animal habitat on eastern border that would be destroyed, potential for disruption by utilities, risk of runoff and higher elevation. W15 —Alix Pearlstein and Bill Adams — North Brown > Concerned about the location of the access road on North Brown, the proximity of 6 houses and adverse impacts. > Mentions the adverse impact to farmland views. > Requests moving access road on North Brown parcel to western boundary. The Planning Board also received a deed and fact sheet from the Southold Town Historian regarding the sale of SCTM# 1000-27-3-7.4 regarding the high probability that a significant archaeological site occurs on the property. The parcel is not located near the parcels proposed to be developed. A written comment was received on March 26, 2019 from Mary Ellen Stevens questioning why the 4-5 lots are allowed on South Dyer in the R-200 zoning. The comment period ended on March 25, 2019. The applicant has contacted staff to advise the Planning Board that the firm who conducted the Visual Impact Analysis is working on answering the modelled sizes of the homes and accessory structures (March 28, 2019 email) Substantive Comments Overview Substantive comments were identified related to the following: Ground and Surface Water Resources All parcels Geologic Features North Brown Vegetation and Wildlife North Brown Transportation Safety and Access North Brown Land Use and Zoning South Dyer Aesthetics South Dyer and South Brown Cultural Resources All parcels Process General VI: Items to Consider None at this time. Staff will prepared draft responses to the comments in the FEIS for Planning Board review. 10 From: Terry, Mark Sent: Monday, April 08, 2019 8:12 AM To: Michaelis, Jessica Subject: FW: Answer to Public Hearing Question regarding the size of the houses and other structures depicted in our SD Visual Impact StudyRECEIVED IIIIIIIII Attachments: 2019-3-21 VIS Size of houses depicted on SD.xlsx Nease fie with attachinnent, From: Carol Tuthill [Ri ilto:cbttjtiIl(ahootmai1.coa ] Plaunna g_.S(and� Sent: Friday, April 05, 2019 12:22 PM To: Terry, Mark Cc: lbtutlail,l hotma l.com; Ruth Tuthill; Sam Fitzgerald; Lanza, Heather Subject: Answer to Public Hearing Question regarding the size of the houses and other structures depicted in our SD Visual Impact Study Good Afternoon Mark, This responds to your request to provide the answer to a question submitted during the Public Hearing regarding the size of the houses and other structures depicted in our South Dyer Visual Impact Study (VIS). The attached chart was prepared by Sam Fitzgerald, the Architect that produced our VIS. It shows the requested structural dimensions for each of the lots in both our original 5-lot proposal and the amended 4-lot proposal. In addition to this data, we think it would be helpful to provide some perspective on how the VIS was developed. Since we have no plans to develop any lots in the foreseeable future, we do not have specific house/lot design plans that could be used to determine the visual impact of our project. Given that, we were asked to show the highest build out allowable on each parcel using a photo representation of potential structures. We chose to use existing houses in Orient and 'photo-adjust' their profiles to show the maximum visual impact from the Main Road and the Bay. We did this using the R-80 zoning setbacks, coverage and building height. We added garages, pools and pool houses to each lot to complete the maximum 20% coverage allowed. These additional structures would be behind the houses and therefore not be visible from the Main Road or the Bay. In net, our VIS is a theoretical representation of the worst case visual impact scenario allowed under current standards. It does not represent what we intend to do, since we have no intention to develop any lots at this point. When we do want to develop a lot in the future, we will abide by the Zoning standards in place at that time. Please let us know if you have any questions about the information we have provided, or if you need any additional information. Carol cc: Lyle Tuthill, Ruth Tuthill, Reggie Tuthill, Sam Fitzgerald 1 From:Terry, Mark Sent: Friday, March15 20193:01PW1 To: Carol Tuthill ; Lyle Tuthill ) Cc: Lanza, Heather Subject: Question onDE|S Good Afternoon, We have received a question on the Visual impact Study prepared by Sam Fitzgerald (2015) about the 20 percent total lot coverage and the total floor area of each modelled home (1't and 2"u floors). In addition,the person was also interested in the square footage of the accessory buildings. Could you please provide us with the answer? Have a good weekend. Mark Terry,A|CP,APA Assistant Town Planning Director LVVRP Coordinator Town ofSouthold 54375 State Route 25 P.O. Box 1179 Southold, New York, 11971 /631\765-1938 ATTENTION: This email came from ooexternal source. Do not open attachments nr click ou links from unknown senders or unexpected enuai\o. 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He thinks they will be able to get back to me by late next week or early the following week, given their current workload on other projects. I'll get something back to you as soon as possible. Carol From: Carol Tuthill <cbtuthill@hotwmwawilw.wcom> Sent:Wednesday, March 20, 2019 11:18 AM To: Mark Terry Cc: lbtuthill hotmail.com Subject: Fw: Question on DEIS Hi Mark, I've connected with Sam Fitzgerald and he will work with me to answer the questions re house and accessory building sizes. He is in the field this week working on a project and won't be returning to his office until next week. I will keep you updated on response timing as soon as Sam and I talk next week and can assess how much time it could take to pull the info together. We will work to get back to you as quickly as possible. Carol From: Carol Tuthill <c tuthfl1@hotrnail.com,> Sent:Tuesday, March 19, 2019 10:10 AM To:Terry, Mark Subject: Re: Question on DEIS Hi Mark, We just got back from Panama last night and didn't had limited internet capability while we were gone. We left the day after the Public Hearing meeting last week. I left a voicemail with Sam Fitzgerald to ask for help in answering these questions and will let you know timing for responding as soon as we are able to connect. Thanks, Carol From:Terry, Mark<mark..terry� town.southol .piy.u�> Sent: Friday, March 15, 2019 3:01 PM To: Carol Tuthill (ci tjjthilWhotrnaj cIq ); Lyle Tuthill (6btuthilI@hotn1aa1_cO,nl) Cc: Lanza, Heather Subject: Question on DEIS Good Afternoon, We have received a question on the Visual Impact Study prepared by Sam Fitzgerald (2015) about the 20 percent total lot coverage and the total floor area of each modelled home (15`and 2"d floors). In addition, the person was also interested in the square footage of the accessory buildings. Could you please provide us with the answer? Have a good weekend. Mark Terry,AICP,APA Assistant Town Planning Director LWRP Coordinator Town of Southold 54375 State Route 25 P.O. Box 1179 Southold, New York, 11971 (631)765-1938 Mark.TerryatgWn.ssoutl old.ny has 4;- fb144 ul t,,A.,t.._ -tE-I To: Cummings, Brian A. ���� t ED Subject: RE: [SPAM] - did you receive? From: Cummings, Brian A. ° an!l Sent: Wednesday, April 03, 2019 9:53 AM CI ° To: Michaelis, Jessica Subject: FW: [SPAM] - did you receive? From: meernt50 aol.. o [rnai1to:meemt50 m Lcom Sent: Tuesday, March 26, 2019 7:30 PM To: Cummings, Brian A. Subject: [SPAM] - did you receive? Hi Brian, I'm curious to know if you received my letter to the Planning Dept. If I don't hear from you I will presume that you have not, and send it again, as well as the additional concerns I am adding below. Another question I have for them is why 4-5 lots on SD are being allowed in R-200 zoning. The purpose of this zoning is to minimize the adverse impact of the effect of any development having close proximity to environmentally sensitive areas such as wetland, is it not? I do not see how a subdivision with 3 different geographical areas can offset this law, even if it is preserving many other acres. The acres that should be preserved are the ones which are the most likely to be adversely affected by development, are they not? Please let me know if you have receive my previous correspondence, and if it has been passed on to the Planning Department. Thank you, Mary Ellen Stevens i From: Cummings, Brian A. L Sent: Tuesday, March 26, 2019 9:14 AM To: Michaelis,Jessica RECEIVED ' Subject: FW:Tuthill Conservation Subdivision Sni tr'i i'd 1 r u B :Ianniin If3oaird .e�� rcvd From: Rblack [mailto:drlllebg, „tCc�griN.caml Sent: Monday, March 25, 2019 5:58 PM To: Cummings, Brian A. Subject: Tuthill Conservation Subdivision FYI Corrected Copy with local citizen addresses listed below From: Leslie Black <IesFlei I.concol> Date: March 23, 2019 at 7:02:00 PM EDT To: 1ria� . ��r ¢�1 ��gstrkmoI .sotlxo� l.����.us Cc: LeJk1-cy�c l)�acl ((a,,P,nlail,coin Subject: Tuthill Conservation Subdivision To whom it may concern, Subject: Tuthill Conservation Subdivision I am writing on behalf of my family members who are all property and business owners in the Village of Orient. I would like to raise strong protest to the proposed Tuthill Conservation Subdivision. I am a 3rd generation homeowner of our family home and a business owner located on Village Lane in Orient. We think the time is now to enforce all codes, to the letter of the law, under which they are written and protect the environment, history, aesthetic and community of those that call Orient home. Too many parcels have been developed with maximum size homes on small lots and too many homes are being demolished thereby taking away much of the historic and village lifestyle with it. While I understand that many acres would be put in preservation, I feel most of the preserved land would fail to be buildable anyway . If we have min. lots size, we should adhere to it. If they are preserving "unbuildable land" as part of this subdivision....it should be called out and refactored in the their request. If they are requesting to build or subdivision on ANY of the land that falls into Historic Preservation District that needs to be firmly prohibited. The subdivision request effects much of Orient and its inhabitants . It has potential to change Orient forever. Main Road , Narrow River ,North Dyer each effecting other homeowners, visitors and yes even businesses as my business is built on people coming to Orient for a truly unique Historical lifestyle experience. I would like to ask that NO zoning or lot size or other variances be granted to allow this "bundle type" of building be permitted . I would also like to ask for a moratorium on i permitted house sizes that are permitted . Please do not support this Subdivision or building size application as it will have irreversible effects on ALL of the community. Sincerely, Leslie Black Robert Black Rick Peyser Jan Peyser 1420 Village Lane , Orient NY 11957 1240 Village Lane , Orient NY 11957 Phone : 610.574.3121 From: Cummings, Brian A. 14 Sent: Monday, March 25, 2019 9:10 AM To: Michaelis,Jessica RECEIVED Subject: FW: [SPAM] -Tuthill Conservation Subdivision Eit 'bId 10 u`u Rannw ng Board From: Leslie Black [maeNwtg Ie fl e r lacks gmaal,c aG J;] Sent: Saturday, March 23, 2019 7:02 PM To: Cummings, Brian A. Cc: lesheppyserblackQ il,com Subject: [SPAM] -Tuthill Conservation Subdivision To whom it may concern, Subject: Tuthill Conservation Subdivision I am writing on behalf of my family members who are all property and business owners in the Village of Orient. I would like to raise strong protest to the proposed Tuthill Conservation Subdivision. I am a 3rd generation homeowner of our family home and a business owner located on Village Lane in Orient. We think the time is now to enforce all codes, to the letter of the law, under which they are written and protect the environment, history, aesthetic and community of those that call Orient home. Too many parcels have been developed with maximum size homes on small lots and too many homes are being demolished thereby taking away much of the historic and village lifestyle with it. While I understand that many acres would be put in preservation, I feel most of the preserved land would fail to be buildable anyway . If we have min. lots size, we should adhere to it. If they are preserving "unbuildable land" as part of this subdivision....it should be called out and refactored in the their request. If they are requesting to build or subdivision on ANY of the land that falls into Historic Preservation District that needs to be firmly prohibited. The subdivision request effects much of Orient and its inhabitants . It has potential to change Orient forever. Main Road ,Narrow River ,North Dyer each effecting other homeowners, visitors and yes even businesses as my business is built on people coming to Orient for a truly unique Historical lifestyle experience. I would like to ask that NO zoning or lot size or other variances be granted to allow this "bundle type" of building be permitted . I would also like to ask for a moratorium on permitted house sizes that are permitted . Please do not support this Subdivision or building size application as it will have irreversible effects on ALL of the community. Sincerely, Leslie Black Robert Black Rick Peyser Jan Peyser ub-�- From: Cummings, Brian A. Sent: Monday, March 25, 2019 9:09 AM To: Michaelis,JessicaC EIVED Subject: FW: [SPAM] - My letter to Southold Town r Attachments: Tuthill proposal response �VI4 2 "i 2 01 March 23.docx loom' Na nrnlirng IBoard From: meernt5Q?ol,c+ w [m i o:rneerr�t , ao cocoon Sent: Sunday, March 24, 2019 4:24 PM To: Cummings, Brian A. Subject: [SPAM] - My letter to Southold Town Hi Brian, I spoke with you last week about sending a response letter to the town regarding the Tuthill subdivision proposal, and so, as you have suggested since Heather was away this past week, I am sending it to you so that you can forward it on to her. Thank you for facilitating this. Mary Ellen Stevens i Mary Ellen Stevens March 24, 2019 32217 Main Road Orient, NY 11957 Heather Lanza, AICP -......� .._.�,, �._._. .�- .�-, RECEIVED.... .........� �......�. ...� Planning Director ........ �_ _ Town of Southold Planning Board -.m 53095 Main Road Southold NY 11971 �Wthc)d Town Planning IF.Ward Dear Heather, I attended the hearing at Southold Town on the proposed Tuthill Conservation/Subdivision on Monday, March 11th. I feel compelled, as a long time resident of Orient, to present my thoughts and concerns associated with this proposal. After reading the DEIS, I am struck by the disparity of the Adverse Impact- SEQRA Assessment, and the Beneficial Impacts, including the Proposed Mitigations presented by the Tuthill Oysterponds Holding Company. The attempt to erase, or "mitigate", the stated adverse impacts that this subdivision proposes is repetitions, and hints at an attempt at psychological brainwashing. The Tuthill's answers and responses to the statements in the SEQRA Assessment, as well as to other assessments made by various parts of the DEIS are repeated over and over, like a mantra, on the subjects of water quality impact -the oysters eating up the nitrogen, and regarding the overall effect of the proposal -the fact that they will be preserving 96 acres because of their intended cluster, rather than standard, type of subdivision. These responses make it appear like Orient is being done a big favor- despite the scientific studies to the contrary that have been done. I would say that a moderate to large impact is nothing to be taken lightly, when talking about areas which are already compromised by actions of landowners already misusing their land with fertilizers and chemicals, and overusing the water supply with filling pools and lawn irrigations, possibly due to unawareness. All the areas cited for development in this plan will be suffering further damage to the soil, fauna, flora, and waters. The area surrounding Munn Pond is filled with wildlife and vegetation which will be destroyed by the excavation of the area. Tearing up the open space on SD will most definitely disturb the ecosystem of the adjacent meadowland, bay frontage, and nearby estuary. It also stands a chance of appearing like a mini "Keys", or Dune road, if the largest allowed monoliths of houses are constructed on this "conservation"/subdivision. I fully realize that this is their property, and they are entitled to do whatever they choose with it. I don't agree with it however. What is wrong with being a good steward of their land, in keeping with their forefathers? I view this entire application as a greedy, unconscionable act in that they are knowingly disturbing the historic character of Orient, putting the water quality and quantity, the soil, and the ecosystem of the bay at risk of irreparable damage. By implying that they are "saving" it for future generations, they contradict what this very action will, in effect, do. Their "probable" and "should be" remarks in attempts to downplay the negative impact of their actions are not definite, nor exact, even if these statements are made in good faith. They should not be allowed to be used as arguments against scientifically tested studies. My father, Lloyd Terry, also had many acres of wetlands taken by Eminent Domain in the 1980's. Our family and forefathers were also excellent stewards of our land for 200+years. Dad, also, owned 80+ acres which he willed to my siblings when he died in 2001. They have sold the Development Rights on the majority of those acres, thus assuring the prohibiting of any future housing developments. He had a similar option of what to do with the land when he finished farming. Having a true love for the land and the natural resources it held, he could not, in good conscience, pave the way for its development, even for the use of future generations. He was, however, forced to put in a minor subdivision in the 1970's so that he could pay off a large debt incurred from a bad year in farming. It was not an action well liked by the family, however it was a necessary one in order for him to continue farming. I am disappointed that a "first family" of Orient is taking the steps outlined in this conservation/subdivision. In owning five homes in Orient, do the Tuthills not have adequate housing to provide current and future generation Tuthills a place to spend summers/vacations "many years" from now? Perhaps other families who haven't sold development rights will do the same. Certainly the Town of Southold cannot grant permission for some, only to deny it to others. If this is granted for a proposal that will negatively impact a fragile region, surely there will be no problems with others having less impact. Where are our safeguards? When will it end? When our water needs to be carted in from off the island? When the shellfish and fishing industry is forced to end because of pollution from contaminants? When future generations have stopped coming to Orient because it is no longer the Orient they remembered as a child, and go elsewhere? Will the Tuthills feel the same and sell to "outsiders", thus ironically backfiring on the basic premise for this proposal in the first place? It has been made more apparent to me since the public hearing, that Orient desperately needs a housing size limit to fit the historic character of our hamlet. It also needs safeguards to insure that what is left of the natural resources in this delicate region will be protected from those who are unconcerned about our fragile state of affairs. We need controls on our water usage, and further housing developments because they will eventually suck out more water than can be replaced, other than with salt water. I think that any subdivisions proposed for an area that will be negatively impacted visually, and environmentally, such as this one, should not be allowed unless they are necessary for the greater good of the community. The Tuthill Conservation/Subdivision does not fit into this category. I continue to be amazed at the liberties of some residents in doing pretty much anything they want with their property. Helipads are one example. Destroying wetlands and its inhabitants (even though supposedly protected), for personal gain is another. Turning a blind eye on some activities regardless of the ecological impact they create, while shining a spotlight on others which have no deleterious outcomes, hardly seems like a fair justice system. As a taxpayer I object to the continued raping of the land around me, and to the anticipated disastrous results of unchecked building engagements in Orient. As a taxpayer, I look to Southold Town to protect my water quality as well as my acre in Paradise. I am opposed to this proposal, as well as the "alternative" proposal. If we had the proper land use restrictions and/or controls in place, we wouldn't be having this dilemma. I hope, and pray, that the officers in Southold Town begin looking at what the future of Orient will be, if drastic measures are not adopted now. I understand the concept of Cluster subdivisions vs Standard, and I agree they have been beneficial in many instances, however there needs to come a time when ALL subdivisions need to stop. I believe that time is now, before we are all sorry. Respectfully submitted, Mary Ellen Stevens, long time resident, and lover of Orient '" s orb From: Cam Constantino <cammycon@aol.com> _- Sent: Friday, March 22, 2019 10:51 AM To: Michaelis,Jessica Subject: Tuthill Subdivision Road ( A 2� rya J01113 To whom it may concern: N :o:nuy Board I am a resident of Browns Hills and am writing in regards to the new road that is proposed to be put in to accommodate a new housing subdivision. Of course, you are aware that the location of this road will impact many of my neighbors directly which in and of itself should be addressed. My understanding is that there are already dirt roads in place that could very well take care of the new proposed housing as well as keep traffic accidents to a minimum. In addition the elevation of the area where the dirt road that already has access to the subdivision is at a lower elevation which would provide less runoff and erosion. The road proposed would be a problem with the noise and dust elements to all of us who enjoy our quiet time in Browns Hills. My beautiful view of the farmland below to the bay will be interrupted with this newly proposed road. I believe the Tuthill family should be neighborly and take the feelings of Browns Hills residents into consideration. I thank you for your help in advance to work on this issue and hope you will take all of our feelings and thoughts into consideration. Carmela Constantino 2105 Browns Hills Road From: William McNaught <wmcn@optonline.net> �ub� Sent: Thursday, March 21, 2019 10:21 PM ..�:� � m.,, ... To: Michaelis, Jessica RECEIVED Subject: Tuthill: North Brown parcel - Al ' 2, 2" '0 19 To the Members of the Planning Board: Rl�:r���ing Board As a resident of Brown's Hills Estates which borders the North Brown parcel of the Tuthill Subdivision, I am writing in hopes that the Board will strongly consider an alteration to the current plan for the road on the North Brown parcel.The current plan is for the road to extend along the easterly border of the North Brown parcel.This is very close to five or six houses and within clear sight of several more houses.All those houses will be adversely impacted by the proposed road. The beautiful farmland views-getting so be so rare in Orient-would be severely marred by such a road. I very much hope that the proposed road on the eastern edge of the North Brown parcel could instead be moved to the westerly border. Thank you for considering this suggestion. William McNaught 51'k r L O 1l", RECEIVE-DlAl2 2 Z019 Nanning Board Southold Town Planning Board. March 17, 2019 Re: Tuthill Subdivision Dear Board Members, It is commendable that the Tuthill family has decided to preserve the majority of their land holdings. They have consistently shown an affection for Orient and had the best interests of our Hamlet in mind. The issue that has concerned so many in our community is the proposed four building lots on the South Dyer property. We believe there may be a satisfactory compromise that would preserve the view shed entering Orient as well as the views from Oysterpond Lane. Rather than, as proposed, a wall of four building lots, consider an approval of two lots with the remaining two transferred to one of the other three parcels. Thank you for considering our comments and suggestion. John and Thanne Dispenza Orient �J w U,. • • 2 � 9 7 .ORG 1�.� . T i�w Yt�RK 11 5 �Ii��iuivT�,ssoci��rzo�r Box $ Im N RECEIVEDS LA-6m o __ . V` 0" -f--YhGi I Southold Town Planning Board q 54375 Main Road Southold, NY 11971 9'6 -tfi-&TT&wiry."_ pea Planning Board T'�Dear Chair of the Southold PlanningBoard,mmmmm��� Board members from the Orient Association attended the March 11, 2019 Southold Planning Board hearing on the Visual Impact Study for the Tuthill Conservation Subdivision DEIS applica- tion. The views of the Orient Association were presented on the accuracy of the Visual Impact Study submitted to the Planning Board. While we seek an accurate rendering of house sizes on the South Dyer subdivision, we also want to express our full appreciation of the Tuthill Family for undertaking a conservation subdivision that preserves a great deal of open space. In addi- tion, we welcome the opportunity to present our concerns at additional hearings, including at the Historical Preservation Commission. The Orient Association has spent several years working on a hamlet plan that will attach to the new Comprehensive Plan being created for Southold Town. Our hamlet plan has been sup- ported by a significant portion of the community, planning staff and Town Board members. A substantial portion of Orient residents overwhelmingly endorsed several key proposals, two of which are to reduce the allowable house size to keep new homes in scale with the existing ar- chitecture and to preserve viewsheds. Many surrounding townships already have such re- strictions in place. Therefore, we request an accurate portrayal of the maximum house size allowable in the Visual Impact Study, and a full rendering of all aspects of that impact on the viewshed: • Depict Maximum Allowable House Size: The Orient Association Board is writing now to request that the Tuthill Subdivision Visual Impact Study represent a full and accurate rendering of the maximum house size possible on the site without including accessory structures. The existing Visual Impact Study depicts a house that is described as appro- priate and in keeping with the surrounding village of Orient. However, it does not de- pict what is the maximum allowable size under the Current Southold Town code without the "accessory structures". We request that the Visual Impact Study be redone with the house sizes shown at the maximum allowed without accessory structures. We believe that it is the purpose of a Visual Impact Study to show what the houses would look like if they were built to the maximum size permitted. However, in depicting the houses in the study,the applicants utilized setbacks that they considered appropri- ate (R-80 setbacks), even though the lots are approximately one acre and would be enti- tled to R-40 type setbacks. This resulted in a depiction of buildings that are much smaller than the maximum that would be allowed on those lots. Under current law, the maximum allowable building area on lots of that size is 8,000 sq. ft., which would create a two-story house of 16,000 sq. ft. No one living on the North Fork of Long Island would think that a home of 16,000 sq. ft. is within the scale of the current village homes which are on average less than 2,500 sq. ft. • Viewshed Geographic Vantage Points: We also note that the Visual Impact Study did not take into account the impact these houses will have on Orient residents living on, or passing through, Oysterponds Lane, Skippers Lane, and even the rear yards of some Vil- lage Lane houses. We request additional vantage points be included from each of these areas. As part of viewshed preservation, we note that the Tuthill Family DEIS recognizes an op- tion to build 4 houses on the South Dyer site, rather than S. The 4 lot option is prefera- ble to the 5 lot option as it preserves a greater portion of the viewshed. • Use of Advanced Septic Systems: As part of the Orient Plan which we mentioned above,the Orient Association and a majority of Orient residents support the require- ment that advanced septic systems be installed on any building in a fragile environment such as South Dyer. We also understand the intent of the Tuthill Family is to pass this land onto younger members of the family, anticipating that no houses will be built in the near future.Their expectation is that when family members do build, they would do so in keeping with size and style norms of the Village. However well-intentioned the family is, there is no guarantee under current code that houses on these lots will be in keeping with the size and norms of the Village. Respectfully, The Orient Association Board JOEL 1. KLEIN, Ph,.D, RPA Lloyds Lane,Mattituck, 7"6.04L.Iyz. ... March 19,2019 Southold Town PlanningBoard M 11\R I e�) Town Hall Annex Building 54375 Route25 P.O.Pn 1179 Fll amihi oaii'°°d Southold, 11971 .. . ...._�. ......��.....� .._...,µ RE: DRAFT ENVIRONMIENTAIL EVIAPCT STATEMIEN °(DEIS) PROPOSED TUTHILL CONSERVATION SUIBDMSION LOCATED AT 21505 ROUTE 25 Chairman icens i and Members of the Board: I am writing to expand and provide additional information relating to the comments I made at the March 11, 2019 Public Hearing relating to the DEIS for the proposed Tuthill Conservation Subdivision (the Project). As indicated in my previous remarks, my concerns are primarily, but not exclusively, with e adequacy of the i o aio e DEIS relating to historic and archeological properties, and with what believe to be irregularities in ow the State Environmental QualityReview Act(S ) process for this project has been handled. (riven the deficiencies in e DEIS described below, I believe that the Planning Board effed whenon February 1 , 2019 it deemed the DEIS "complete for public review comment," d has failed to take the requisite"hard look"at the roject's environmental consequences. want to repeat what I said at the Public Hearing that I am not advocating for or against the Project. believe that the basic idea for the conservation subdivision is a good one. My cone s relate to a failure on the part of the Applicant e Board to fully identify of e nature and extent of potential environmental impacts, and potentialmitigation for those impacts, that the Board itself identified as potentially significant when it completed e Environmental Assessment Form(E ) for the Project, and issued a Positive Declaration requiring a DEIS, in 2015. believe that both the inadequacies in e DEIS, and the way the SEQRA process has been handled, leave e actions of the Board relating to the SEQRA process and subsequent actions relating to the Project subject to legal challenge° I am concerned as a Town of Southold payer that tax dollars may have to e spent e g any such actions. Likewise, both the Applicant, o e i bringers of legal challenges, who will almost certainly be Southold residents, will also be forced to incur legal expenses. Finally, I believe, as I will explain below, that the Board's premature acceptance of the DEIS, has exposed e Applicant to a likely significant financial riska could be avoided. Visual Impact to Historic Resources On of the principal reasons for the Board's Positive Declaration resulting in e requirement a a DEIS e prepared, was the determination as stated in the attachment o Part 3 of the EAF that"The South Dyer property is adjacent o the Orient National Historic District ° ® o" The Positive Declaration goes on to say that "Potential moderate to large adverse impacts to the National Historic District must be assessed." In spite of this recognized concern, the DEIS provides virtually no information dealing with if or how historic properties would be affected by the Project. Throughout the project review process beginning in 2015 there were numerous calls for a visual impact study and a vie wshed analysis. The terms seem to have been used interchangeably, yet they are not the same thing, and this has caused considerable confusion. A viewshed analysis is usually a precursor to a visual impact analysis. It defines the geographic area--called the Zone of Visual Influence (ZVI)--from within which a proposed project will be visible. It is the basis for determining where visual impacts must be considered, No vie wshed analysis was carried out for this project. This confusion could have been avoided had the Applicant taken note of the October 23, 2014 Planning Department's mention to the Applicant that the "New York State Department of Environmental Conservation has produced a policy memorandum on assessing visual impacts." The Planning Department also provided a we address where that memorandum, Assessing and Mitigating Visual Impacts (DEP-00-2), could be found. That memorandum discusses the relationship between a visual analysis and a views hed. In an attempt to address the question of visual impacts in general, not specifically impacts to historic properties, the Applicant retained the services of Sam Fitzgerald Architect PC. An October 16, 2015 report entitled Visual Impact Study (VIS) —South Dyer Lots—Supplemental Report, was prepared for the Applicant. It is unclear when this report was first made available tote Board(see below). The DEIS title page identifies Sam Fitzgerald-Architect as the party that prepared the portions of the DEIS dealing with"Aesthetic Resources,View Sheds,Architectural Perspective."Only the 3-page to of the visual assessment is included in the EIS® The 54 pages of accompanying photographs and photosimulations, although they can be found on the To website, have not been included in the DEIS (although the DEIS says the "complete report can be found in Tab 12)". The DEIS table of contents incorrectly states that 36 pages of photosimulations are included. The Visual Impact Study states that its purpose "is to accurately portray the visual impact of the five South Dyer lots along Rt. 25 and Orient Harbor as if the lots were fully developed." It is quite clear that the Visual Impact Study limited itself to only the consideration of impacts to aesthetic —not historic— resources—the NYS Route 25 Scenic Byway and Orient Harbor. It should be noted that the DEC guidance memorandum noted above clearly states that aesthetic resources of statewide significance can include "propert[ies] on or eligible for inclusion in the National or State Register of Historic Places [16 U.S.C. § 470a et seq., Parks, Recreation and Historic Preservation Law Section 14.07]". The Orient Historic District is one such property and, as discussed below, the Applicant made no attempt to identify National Register"eligible"properties that might be affected. The photosimulations which form the basis for the Visual Impact Assessment are problematic in several regards. The DEIS states that "At the Town's request we developed a worst-case visual impact study." It is unclear whether the simulated house in the photographs do represent the "worst-case." One of the reasons for this is that neither the Visual Assessment nor the DEIS states the size or actual height oft e simulated houses. The DEIS states that computer modeling was used to"adjust"the simulated houses"to maximize the profiles visible to the public." Presumably this is referring to views from Route 25—not views from within the Orient Historic District. The Visual Assessment also notes that the"houses and lots meet the maximum bulk regulations for the zone . . ." It goes on to state that "the maximum allowable Building Area would be 8,000 sq. ft." (which could include accessory structures, decks, swimming pools, etc.). No such structures are visible in any of the photosimulations. This leaves open the questions: how large are the simulated homes, and how do they compare to the sizes of existing houses in the associated viewsheds?l The photosimulations are also misleading in that they show the simulated houses with associated simulated mature landscaping which in many cases partially blocks views of the simulated homes. Even if the Board were to require, as part of its site plan review, specific landscaping requirements, it is obvious that it would be many years before the conditions portrayed in the Visual Assessment Study would actually exist. The photosimulations also fail to account for the possible inclusion of overhead electrical service connections which could have a significant visual impact. The DEIS is also silent on this. Does the Board plan to include a requirement that all required utilities be underground installations as a mitigative measure? One of the principal failings of both the DEIS and the Visual Assessment is their failure to address impacts to the Orient State/National Register Historic District. The DEIS notes that the Lead Agency [Planning Board's] Concern Area regarding historic resources is "Potential moderate to large adverse impact of South Dyer, which is adjacent to the Orient National Historic District." It goes on to conclude that the proposed 5 new single-family house lots "will not destroy or alter any of the Orient Historic District site, property, setting or integrity. No evidence to support this conclusion is presented in either the Visual Assessment or the DEIS, and there is evidence to support a contrary conclusion. The Orient Flistoric District is not actiacetit to dict'ro'ject, The five proposed South Dycr bililding lots and their associated liouse: are all located ti,Ilhin the district'. Views observed by pedestrians, bicyclists, and motorists traveling through the Orient Historic District, particularly along Racketts Court, Oyster Ponds Lane, and Skippers Lane, will be changed to an unknown degree (unknown because these views, which are clearly within the Project viewshed, were never considered during the impact analysis). Views both of and from several individual historic properties within the Orient Historic District, which are also designated Southold Historic Landmarks,will also be affected. 1 When a representative of the Orient Association expressed concern at the March 11, 2019 Public Hearing about the size of permitted houses, noting that an 8,000 sq. ft. Building Area would permit construction of houses considerably larger than those found in Orient,the Board Chair incorrectly stated that the 8,000 sq.ft. was referring to the size of the houses—not the Building Area. 2The February 12,2015 Southold Planning Department's Staff Report to the Board states that"Portions of the Orient National Historic District are contiguous with South Dyer. . . this threshold would classify the entire action as a Type 1. The LWRP map below shows the . . . District boundary just east of the South Dyer property.This is our best example. The NRHP website has not digitized the map yet." The LWRP map included in the report is of such small scale as to be virtually useless.It is true that the NRHP website does not have a digitized map showing the Orient Historic District boundaries. However, a digital copy of the NRHP form, which includes both a map, and a metes-and-bounds description for the Orient Historic District was,and is,available on the New York OPRHP website through OPRHP's Cultural Information System(CRIS). A GIS-based scalable map showing the Orient Historic District boundaries on a variety of map and aerial photo bases,was,and is,also available. As noted above, the Applicant made no attempt to identify State/National Register "eligible" properties that might be affected,nor does the DEIS address "eligible"properties. On January 13, 2015 the Planning Board Office notified the Applicant of the resolution adopted by the Board classifying the Project as a Type I action under SEQRA. The resolution reads,in part: "VnMREAS, pursuant to 6 NYCRR Part 617.4 (b) (9), another Type I Action is " any Unlisted Action (unless the action is designed for the preservation of the facility or site) occurring wholly or partially within, or substantially contiguous to, any building, structure, facility, site or district or prehistoric site that is listed on the National Register of Historic Places ; or that has been proposed by the New York State Beard on Historic Preservation for a recommendation to the State Historic Preservation Officer for nomination for inclusion in the National Register, or that is listed on the State Register of Historic Places (the National Register of Historic Places is established by 66 Code of Federal Regulations(CFR)Parts 60 and 63, 1994 [see 617.17]", and WHEREAS, this proposed subdivision is located substantially contiguous to the Orient National Historic District located to the east of the South Dyer property; and" [therefore this is a Type I action]. The resolution references a version of 6 NYCRR Part 617.4(b)(9)that had been superseded at the time it was cited.The correct version reads: "(9) any Unlisted action(unless the action is designed for the preservation of the facility or site), that exceeds 25 percent of any threshold established in this section, occurring wholly or partially within, or substantially contiguous to, any historic building, structure, facility, site or district or prehistoric site that is listed on the National Register of Historic Places (volume 36 of the Code of Federal Regulations, parts 60 and 63, which is incorporated by reference pursuant to section 617.17 oft °s Part), or that is listed on the State Register of Historic Places or that has been determined by the Commissioner of the Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places pursuant to sections 14.07 or 14.09 of the Parks, Recreation and Historic Preservation Law-" The differences are significant because: 1) they makes clear that "eligible" properties are also covered. Eligible properties include all historic properties that in the opinion of the State Historic Preservation Officer (SHPO—the OPRHP Commissioner)' satisfy the eligibility criteria for the State or National Register of Historic Places. In reviewing the potential effects of a project on historic properties, all potentially eligible properties— including those not previously identified—must be considered. That is why historic architectural surveys of what is known as a project's Area of Potential Effect(APE)are necessary. In the case of above-ground historic structures the APE is generally considered to be the viewshed associated with a historic structures setting; and 3 The Commissioner of the New York State Office of Park, Recreation and Historic Preservation (OPRHP) is also the New York State Historic Preservation Officer (SHPO). OPRHP's Division for Historic Preservation serves as the SHPO staff. The acronyms OPRHP and SHPO are used here interchangeably. 2) because Section 14.09 of the Parks, Recreation and Historic Preservation Law is cited. Section 14.09 requires all state agencies, prior to issuing permits (such as the DEC Article 25 permit that will be required for the Tuthill Subdivision)to obtain SHPO comments on the potential effects of an undertaking on historic properties, and to determine if prudent and feasible project alternatives that could eliminate or minimize any adverse effects. OPRHP's Cultural Information System (CRIS) indicates that there are at least ten unevaluated historic homes or structures within 300 feet of the North and South Dyer parcels, and an additional nine within 300 feet of the North and South Brown parcels. Most of these are located along Route 25, and many of them will have views of the proposed house lots on the South Dyer parcel. Although these properties are classified as,"unevaluated"by OPRHP, all but five of the nineteen are included in in the 1987 Society for the Preservation of Long Island Antiquities (SPLIA") survey, sponsored by the Southold Town Community Preservation Office, and the 2013 Historic Building/Places Inventory sponsored by the Southold Landmarks Preservation Commission. Complete sets of both inventories are posted on the Town of Southold website. Neither appears to have ever been consulted by either the Applicant or his visual assessment consultant. DEIS does not mention these properties, or consider if or how they might be affected. Prior to its January 13, 2015 resolution, on October 8, 2014, the Planning Department submitted a completed Project Review Checklist to OPRHP "seeking information on potential cultural resources that could be impacted on or near each parcel for SEQR purposes." The Checklist calls for"maps locating the project in the community [which] clearly show street and road names surrounding the project area as well as the location of all portions of the project. Appropriate maps include tax maps, Sanborn Insurance maps, and/ or USGS quadrangle maps." The Planning Department checked the box indicating such maps were attached. In fact, what are attached to the Checklist are aerial photographs with only a few street or road names, and with the four project parcels (one per photo) identified only by arrows. No boundaries or limits of the four parcels are indicated. On January 26,2015 OPRHP responded via the CRIS system: "the project is adjacent to properties that have been determined to be potentially eligible as part of an historic district along NY Route 25.In addition to the Phase 1B [archeology] report, please document any adjacent properly 50 Years of age or older. Documentation should include original photos of each exterior elevation, construction date if known, current address, and comments about current condition. A brief history of each property would also be appreciated. If you have any questions, please contact Lorraine Weiss in the Survey Unit at 518-268-2129 . . ." This request for additional information necessary for OPRHP to render an opinion regarding possible impacts of the Project on historic properties was not responded to, in spite of a subsequent request from OPRHP for additional information (see below) The DEIS makes no mention of the fact that OPRHP, acting in its capacity as the State Historic Preservation Office (SUPO), was consulted, that OPRHP had requested additional information,and that the requested information was never provided5. 4 SPLIA is now known as Preservation Long Island. 5 The Phase IA archeological study,discussed below,does contain limited information on five standing structures on or adjacent to the Project Although the Planning Department contacted OPRHP to seek that office's comments, neither the Planning Department nor the Applicant has ever consulted the Southold Historic Preservation Commission. This was pointed out by the Commission Chairman at the Marchl1, 2019 Public Hearing. This remains a significant error. The DEIS states: Based on the Orient Historic District website, the houses in the district cover several different styles. Cape Cod, framed dwellings sheathed with shingles or clapboard having a moderately pitched roof, Federal, Greek Revival, Italianate, Second Empire, rural vernacular frame architecture and the ornate frame structures of the late Victorian era. The website describes Orient as exhibiting a notable congruity in appearance despite the numerous styles represented in its structures. Our intent would be to develop the SD House lots in a way that would harmonize with the range of styles present in the District. We would build all houses in accordance with any standards set by the Zoning or Building Departments in affect at the time of development. There is no "Orient Historic District website." What is being referred to is a commercially sponsored website called Living Places, from which four pages have been extracted and inserted into the DEIS. This website appears to be the sole source of information used to establish the context for evaluating impacts to the historic district. Determining if future homes would "harmonize" with existing homes in the historic district is not a decision that can be made by either the Applicant or the Board. Stating that houses would be built "in accordance with any standards set by the Zoning or Building Departments" is not sufficient, and does not eliminate,mitigate,or even address,potential impacts to the historic district. The DEIS fails to consider or note that any homes constructed on the five proposed South Dyer lots located within the limits of the Orient Historic District would have to obtain a Certificate of Appropriateness from the Southold Historic Preservation Commission. It is the Commission, not the Applicant,the Planning Department,the Building Department, or the Zoning Board of Appeals,that will determine what is architecturally appropriate for a new home in the historic district. Finally, the Planning Board's July 6, 2015 Positive Declaration states that "the following [SEQRA EAF questions]must be addressed: . . . ii.The proposed action may result in the alteration of the [historic]property's setting or integrity. iii. The proposed action may result in the introduction of visual elements which are out of character with the [historic] site or property,or may alter its setting. The DEIS does not adequately address these issues. In summary, in regard to historic(non-archeological)resources the DEIS: • incorrectly notes that the Project is adjacent to,rather than partially within,the Orient Historic District; • makes no mention of historic (non-archeological) properties, other than the Orient Historic District, that could be visually(or otherwise)impacted by the project; • makes no mention of previously inventoried individual historic structures located outside the Orient Historic District; • bases its assessment of aesthetic and visual impacts to historic properties on a visual impact assessment that was designed only to address aesthetic impacts to a portion of the Route 25 Scenic Byway; • does not address visual impacts to the Orient Historic District; • bases its limited visual impact assessment upon photosimulations which may not accurately represent post-construction views; • makes no mention of the fact that OPRHP, acting in its capacity as the State Historic Preservation Office (SHPO), was consulted, that OPRHP had requested additional information, and that the requested information was never provided; • fails to take into account possible, because they were never solicited, comments from the Southold Historic Preservation Commission; • incorrectly implies that it is the Applicant who will decide whether future homes "harmonize' with existing landmark structures within the Orient Historic District; and • fails to consider that Certificates of Appropriateness from the Southold Historic Preservation Commission will be required for proposed homes within the limits of the Orient Historic District. Impacts to Archeological Resources In 2011 the Applicant had prepared what is known as a Phase 1A cultural resources assessment for the Project. This is a desktop study to identify previously known and recorded historic structures and archeological sites that could be affected.The report was prepared by Tracker Archaeology Services,Inc. The Town of Southold received the Phase IA report on July 3, 2014, and at some point submitted it to OPRHP for comment, because in response to the Planning Department's October 8, 2014 information request to OPRHP (see above), OPRHP responded via CRIS on January 26, 2015, and again in writing on March 12,2015,as follows: "We have reviewed the report entitled "Phase IA Archaeological Documentary Study for the Proposed Tuthill Subdivision, Orient,Town of Southold, Suffolk County,New York" (dated March 2011). OPRHP concurs with the report recommendation,that a Phase I36 archaeological investigation is warranted,prior to any proposed development that will involve ground disturbance." The Phase 1A is relatively brief. It concluded that"the entire study area is seen as having a high to higher than average potential for the recovery of prehistoric sites" [and] "the entire study area was seen as having a high to above average potential for nineteenth century [archeological] sites and a higher than average potential for encountering historic aboriginal sites." These conclusions were the basis for recommending that a Phase 1B field investigation be conducted. In conformance with OPRHP's 2005 Phase I Archaeological Report Format Requirements,the Phase IA report includes, in tabular form,the results of a search of OPRHP's archeological site file for information on previously recorded archeological sites within one mile of the Project. Eight sites are listed in the 6"A Phase 113 investigation consists of a systematic, on-site field inspection designed to assess archaeologically sensitive areas and environmental characteristics relevant to site locations and formation processes. Such investigations include, but are not limited to systematic surface survey, subsurface shovel testing, and remote sensing studies. . . Field-testing procedures for Phase IB Field Investigations should verify site locations provided by informants,confirm site locations suggested by the literature search,and discover previously unknown sites.The areas to be subjected to a field survey are selected on the basis of the data gathered during the Phase IA evaluation and all probable locations of project construction, staging areas, or any other areas of potential impact." (From: Standards for Cultural Resource Investigations and the Curation ofArchaeological Collections in New York State). table. Under the table heading"Distance from APE ft(m)"two sites are identified as "on property" and one as"adjacent": NYSHPO Site 10310.008 is listed as "on property (So. Brown)." Under the heading "Site Description" the report says"5 Acres Indian Village: area of several camp[sic] about 600 years prior to Euro-American settlement, relics found, shell midden (Late woodland[sic]?" The Phase IA report omits significant information: OPRHP's Archeological Site Inventory form for Five Acre Indian Village Site notes that the Oyster Ponds Historical Society had erected a plaque at the location', that excavations by R. Latham, R. Wiggins had taken place in 1925 and 1968,and that"Tabor& Sons exhausted the area many years ago.i9 The site form lists as references the Southold Bicentennial Map and R.Latham 1978. NYS11PO Site 10310.0254 is listed in the Phase IA report as "on property (South Dyer)." Under the heading"Site Description"the report says "Major Banks [site] (form unfilled), no info." Information not included in the Phase IA report is that OPRHP's Archeological Site Inventory form for the Major Banks Site gives its location as "North Bank of Orient Harbor," and that the "Source of Information" about the site is listed as the Museum at Southold,presumably the Southold Indian Museum. NYSM [New York State Museum] Site 697 is listed as "adjacent (No. Brown). Under the heading"Site Description" the report says "no info." The Phase IA is particularly deficient in regards to NYSM 697. NYSM 697 is identified in OPRHP files as the Orient No.1 Site. This site is part of the Orient Burial Complex. It is arguably the most important site ever studied on Long Island, and is one of the most significant sites in northeastern United States. No mention of the Phase lA study or its results can be found anywhere in the DEIS. On March 12, 2015 the Planning Department notified the Applicant that it accepted OPRHP's recommendation that a Phase 113 archeological investigation be undertaken, and referred the Applicant to OPRHP's 2005 Phase I Archaeological Report Format Requirements. On March 24, 2015 the Applicant advised the Planning Department that Tracker Archeological Services, Inc. had been retained to conduct the Phase 1B investigation. The Phase 113 investigation was conducted in the summer of 2015 and a report of that work, dated December 2015 was prepared. The report does not incorporate or consider the results of the Phase IA investigation. The Board's July 6, 2016 Positive Declaration states "The action is located within an Archeo-sensitive Area. The New York Department of Parks, Recreation and Historic Preservation is requiring a Phase I Cultural Assessment for all areas to be developed.The assessment must include the results of the study. It is unclear when the Phase 1B report was submitted to OPRHP. However, on June 11, 2018 Dr. Timothy Lloyd of OPRHP's Archaeology Unit advised the Planning Department via CRIS as follows: "I have reviewed the report of the archeological survey of the . . . project area. The area surveyed does not correspond with the area of potential effect that was initially submitted for this project. I would like to see project plans to determine of the area surveyed was sufficient. Please review the specific information 7 APE refers to the "Area of Potential Effect" which in this case refers to areas of Project-related ground disturbance. s The Town Historian has advised that the plaque was removed to deter looters. 9 The site is far from exhausted as evidenced by the results of the Phase 1B archeological survey,see below). Pro request (s) below and click the Process button to respond to each request." The specific information request reads:"Please provide project plans." As of last week, OPRHP has advised me (T.Lloyd, personal communication)that they have not received the requested information. OPRHP has not commented on the results of the Phase I investigation or on how the Tuttle Subdivision project could affect archeological resources. With a few exceptions the Phase 1B fieldwork seems to have been conducted in a satisfactory manner. However,Phase 1B report has some significant failings. OPRHP's Phase I Archaeological Report Format Requirements specifically call for Phase 113 reports to include "Estimated site size (horizontal and vertical) based on artifact distribution, topography, etc. Site boundaries must illustrate maximum possible boundaries until closer interval testing is conducted. Please note that the site boundaries for each site identified must be included on the project map so that the relationship of the site to the APE is clear." Although at least one aboriginal archeological site was located during the Phase 1B investigation on the South Brown parcel building lot, no information is provided regarding the boundaries of the site as determined through the surface collection of artifacts.No mention is made of the fact that this area may correspond with the reported location of the Five Acre Indian Village Site(even though this was noted in the Phase I report). No photographs of the artifacts recovered,nor any detailed artifact descriptions are included in the report. On the North Dyer parcel the report states that"The remains of an early twentieth century building(brick and lumber), about 20 feet by 35 feet, destroyed by a hurricane of 1938 was also encountered, mostly buried.According to the property owner,this was the remains of the"House of 7 Gables", from Orient.A single course stone foundation base was found in the vicinity of the house rubble. According to the property owner,this may have been a foundation for either 1 of the outbuildings of the House of 7 Gables or the old school house." It is unclear from the report exactly where on the North Dyer parcel this historic period archeological site is located. There is no mention or discussion of this site in the DEIS. The text of the DEIS limits its discussion of possible impacts to archeological resources to four sentences: "The Archeological IB Survey did Shovel Tests and walkovers covering our 17 proposed lots, roads and some additional areas. No historic artifacts were found. However, there were white quartzite artifact fragments found on the proposed SB lot, which is evidence of a prehistoric site. If we want to proceed with this SB lot location, Phase H intensive testing is recommended." The three pages of the Phase 1 B report text are incorporated into the DEIS, but the 53 pages of maps and data appendices have been omitted. The "white quartzite fragments" referred to are, in fact, 51 prehistoric artifacts from the South Brown parcel, 9 of which were classified as tools, at least some of which should be amenable to style dating. The remainder was mostly stone tool manufacturing debris known as debitage. As noted above, it seems likely that this is one of the previously known Native American sites reported in the Phase IA report. I would add that the number of artifacts, and the ratio of tools to chipping debris, especially given the history of prior artifact collecting on the property, is suggestive of a major Native American habitation site. Again, as noted above, no attempt was made to delineate the boundaries of this site within the South Brown parcel. Although OPRHP calls for this to be done during Phase 113 investigations,it may not have been done because the investigator recommended a Phase II intensive testing investigation to collect more information. However, he made a serious error when he states that this need not be done until "prior to ground breaking or construction which threatens site information". While this type of recommendation is appropriate in many cases, it not appropriate here for several reasons. First, in the absence of a specific condition in any future site plan approval, the Applicant(or any future owner of the affected lot) cannot be required to conduct any additional archeological investigation. Second, the discovery of a significant archeological site, especially one which might contain human remains, on a given parcel either before or during construction could render the parcel unusable, or usable only after a costly archeological data recovery project. Requiring the Phase 11 investigation as part of the DEIS process would have had two benefits: 1)it would eliminate the potential problem of a discovery being made on an approved building lot, by allowing a relocation the proposed lot outside the limits of the archeological site, and 2) it would provide for the permanent preservation of the archeological site within the conservation subdivision. The DEIS makes no mention of the fact that although comments on the project were solicited from OPRHP, no final response was received because information OPRHP requested so that they could complete their review of the Phase 1B archeological study was never provided. As a result, and because the Board made no attempt to seek independent expert advice concerning archeological issues, it has been forced to rely solely on the information provided by the Applicant. As a result, it is my belief that the Board failed to take a"hard look"at the potential impacts of the Project on archeological resources. Irregularities in the State Environmental Quality Review Act(SEQRA)Processlo In addition to the DEIS' problems relating to archeology and historic resources I also want to comment on the how the SEQRA process for this project was handled. No formal scoping was done for this projectll. Although scoping was not required under the DEC SEQRA regulations in force at the time the EAF was being prepared,DEC guidance highly recommended that it be done for all projects. The crucial importance of scoping was formalized on January 1 when the SEQRA regulations were amended to now require scoping for all Type I and Unlisted actions. Had scoping been done the problems with the work scopes for both the visual impact study and the archeological investigations might have been avoided.For example, on January 16,2015,the President of the Orient Association advised the Planning Board that "A narrowly-scoped DEIS could be carefully tailored to refine and resolve the visual impact aspects of this application that have already been identified during the early stages of review." io In addition to the issues discussed below, the DEIS also suffers from several other deficiencies. SEQRA regulations at 6 CRR-NY 617.9b3 state that an EIS must be preceded by a cover sheet that identifies"the date of its acceptance by the lead agency; and in the case of a draft EIS, the date by which comments must be submitted." Both dates are missing from the DEIS cover sheet for the Project. While not significant in itself, this speaks to the entire lack of care with which the entire DEIS was prepared and made available for public review. "The Board's July 6,2015 Positive Declaration notes that no scoping was done for the Project. ' Igc 1 O The record for the Tuttle Subdivision project contains no explanation, especially given the well- recognized concerns about the Project, as to why the Planning Board determined that no scoping would be necessary. More than a dozen Draft Environmental Impact Statements can be found in various locations on the Town of Southold's website. In all but one of these cases, some form of pre-DEIS scoping seems to have been conducted. Why was no scoping required in this case? A second issue that needs to be mentioned is the manner in which the DEIS has been made available to the public for review. When the Board voted to declare the DEIS complete,the legally required notice of that, and the announcement of this hearing, was published in the DEC's February 20 Environmental Notice Bulletin. SEQRA regulations require that a DEIS be accessible electronically. The ENB notice for this project states that"The Draft EIS is available from the Southold Town Planning Department and on line at: http://www.southoldtownny.gov/270/Environmental-Impact-Statements." Almost everyone I have spoken with who has tried to access the DEIS through that link, have told me that when they try to access the Tuttle Subdivision DEIS through that link they get a message that says the website is online but isn't responding. On February 281 advised the Planning Department that the link was not functional. Later that day the Planning Department responded, saying that the Information Technology department had checked the link and it was working. I again informed the Planning Department it was not, but received no further response.. It's unclear why some people have been able to access the DEIS in this way but most others cannot. Admittedly,one can find the DEIS on the Town's website. It can be found by taking the following steps-, • Going to the Town of Southold website,then • going to the"How do I"tab,then • going to the Public Records link,then • going to the Planning Department Folder,then • going to the Applications folder(not the SEQRA documents folder),then • going to the Conservation Subdivision folder,then • going to the Pending folder,then • going to the Tuttle Conservation Subdivision folder,then • going to the DEIS Received 9-14-2018 folder. One can then attempt to download DEIS through Laserfiche. The document at that location is the fmal version of the DEIS. However, the metadata for the site indicates that it was not posted until March 4, 2019. Prior to that date while all of the text and attachments to the DEIS were available on line,they were seemingly randomly located throughout a more than 400 page document simply labeled Tuttle Conservation Subdivision. The inability of the public to easily access the DEIS runs contrary to both the intent of the State Environmental Quality Review Act and general principles of open government. Finally, I want to raise one other procedural issue. On February 12, 2019 the Board issued its formal Determination of Adequacy for the Tuttle Conservation Subdivision DEIS. On February 25,2019,almost two weeks later, I attended a Planning Board Work Session at which the principal agenda item was a review of the Tuttle Conservation Subdivision "Visual Impact Study in DEIS." At the work session individuals from the Planning Department made a presentation to the Board which included a display of some of the photosimulations from the visual impact study. At the conclusion of the work session I observed members of the Board being given binders which appeared to be copies of the Visual Impact Study. Why did the Planning Board vote to deem the DEIS adequate when it had not yet reviewed the results of the study dealing with what is perhaps the most consequential environmental issue associated with the Project? All of the issues I have raised here could have been addressed had the Board, once it was made aware of their general nature at the Public Hearing, called for either a Supplemental DEIS to be prepared, or minimally kept the Public Hearing open so that the Applicant and the Board could have additional time to consider the issues of concern. Instead, without any discussion, the Board voted to close the Public Hearing. Given the limited time within which a Final EIS must be prepared, I find it hard to believe that all of the issues raised here can be adequately addressed in that document. The Board has left itself in the position of having to deal with most of them as part of the Site Plan approval process. This will be particularly problematic since the most likely way to deal with most of the issue raised here will be through relocating proposed building lots. That, in turn, could necessitate the need for additional visual and archeological studies to assess changing impacts. Sincerely, r 4 Joel I.Klein,Ph.D.,RPA From: Bufkins, Erica Sent: Tuesday, March 19, 2019 9:40 AM To: Terry, Mark; Michaelis,Jessica; Lanza, Heather; Palmeri, Allison Subject: FW:Tuthill Subdivision North Brown Parcel ,.,e. IIIII FYI! 0 t From: david backus [mailto dmbackus(4�m :.corm] Sent: Tuesday, March 19, 2019 9:13 AM To: Bufkins, Erica U m ,I�_ -„" ... I Subject: Tuthill Subdivision North Brown Parcel j y II :nI Ii.i I ng I13-o rd Dear Southold Town Planning Board, I am a long time Brown Hills resident and I am shocked that a plan to divide farm fields would be brought before your board. The North Brown Farm field will continue to be farmed and is adjacent to two more farm fields creating the uninterrupted farm vistas favored in conservation subdivision. I would also like to note that a road now exists on the west border of the North Brown Tuthill parcel.No road exists on the east border. 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This long standing access to this parcel should continue to limit the impact of development. There are an amazing number of owls, loons, wild turkeys and osprey that live in the woods of this property. There are also a number of people that live along the proposed roadway. When those homes were built they had to be a number of feet away from their side and back lot lines. Rather ironic that no rules apply to a large subdivision road on the same lot line. is this truly your best Conservation Environmental Impact Plan? David Backus a From: Alix Pearlstein <alixpearlstein@gmail.com> Sent: Monday, March 18, 2019 9:21 AM w „ mm .� To: Michaelis, Jessica Cc: Bill Adams Subject: Tuthill Tuthill N Bdivision -rown Letterorth docBrown ��� �'(��ie�l Attachments. Na n nling Board 3/14/2019 Dear Southold Town Board Members, We are writing regarding several serious concerns in relation to the Tuthill Subdivision -North Brown Site. We live in Brown's Hills Estates on North View Drive. Driving home from the town hall meeting on Monday night, a deer ran across the road right in front of our car just before we were to turn left onto Brown's Hills Road. Cars racing to the ferry were right behind us, it was a very close call. We think it is crucial to locate the access road to the subdivision on the western edge of the site. It is currently drawn on the eastern side, which is problematic for numerous reasons—chief amongst them is that is would further congest this dangerous traffic apron. And, there are already two parallel dirt roads on the western edge, one of which could easily become the Tuthill access road. Also of critical importance is the close proximity of six houses on the eastern side, while there are only two on the western side—and these have much larger setbacks. There is much mature vegetation and animal habitat along this eastern border that would be destroyed to make way for the road, along with the disruption of utilities and cables—and increasing risk of runoff as this western end is at a higher elevation than the eastern. These concerns for safety of both current and future residents and anyone entering these roads to visit or work, along with concerns for the preservation of the beauty of this site suggest that it would be a much easier and all around positive solution to locate the road on the western side. Thank you so much for your thoughtful consideration. Alix Pearlstein and Bill Adams 1060 N. View Drive, PO Box 112, Orient,NY 11957 917-817-7486 / 646-673-4531 1 3/14/2019 Dear Southold Town Board Members, We are writing regarding several serious concerns in relation to the Tuthill Subdivision - North Brown Site. We live in Brown's Hills Estates on North View Drive. Driving home from the town hall meeting on Monday night, a deer ran across the road right in front of our car just before we were to turn left onto Brown's Hills Road. Cars racing to the ferry were right behind us, it was a very close call. We think it is crucial to locate the access road to the subdivision on the western edge of the site. It is currently drawn on the eastern side, which is problematic for numerous reasons — chief amongst them is that is would further congest this dangerous traffic apron. And, there are already two parallel dirt roads on the western edge, one of which could easily become the Tuthill access road. Also of critical importance is the close proximity of six houses on the eastern side, while there are only two on the western side — and these have much larger setbacks. There is much mature vegetation and animal habitat along this eastern border that would be destroyed to make way for the road, along with the disruption of utilities and cables — and increasing risk of runoff as this western end is at a higher elevation than the eastern. These concerns for safety of both current and future residents and anyone entering these roads to visit or work, along with concerns for the preservation of the beauty of this site suggest that it would be a much easier and all around positive solution to locate the road on the western side. Thank you so much for your thoughtful consideration. Alix Pearlstein and Bill Adams 1060 N. View Drive, PO Box 112, Orient, NY 11957 917-817-7486 / 646-673-4531 R 18 2019 From: Jo Ann Constantino <joann6337@aol.com> Litfidd Planning Board wn Sent: Monday, March 18, 2019 9:24 AM To: Michaelis, Jessica Cc: Edward Constantino Subject: [SPAM] - Tuthill Proposed road on Eastern border of Browns Hills Community To The Southold Planning Board: My name is Jo Ann Constantino and I reside at the Browns Hills Community. I bought my home 15 years ago and was immediately drawn to this community because of he peaceful atmosphere. What a pleasure to wake up to hearing birds sing especially since I live in Brooklyn. My house is on the side of Browns Hills where a road is proposed to go by the Tuthill family. This is very disturbing to me since my house is the closest to the proposed road. Imagine waking up now to cars going by my home and seeing a road on the other side of my fence while I'm having coffee in the morning sitting out on my patio. I am also worried about the water run off on my gardens which I care for with lots of love. I urge the board to rethink the approval of the placement of the road from the Easterly border to the Western border. I am not adverse to building houses but I am very concerned about a road next to my property which is also my back yard. I ask why can't this proposed road be moved to the Western border? Why is the Tuthill family not opened to hearing our issues? I sincerely request that the planning board consider this letter when deciding on the issue of road placement. I love Orient and would not want to move because of this problem. Thank You,Jo Ann Constantino, SouthView Drive. Sent from my iPad i juG�-F RE'CEIVE Attn: Brian Cummings � � 1, fi Town Of Southold NY 56u ,�,jd Re: Tuthill Conservation Subdivision G�iarun„ Board in 18 March 2019 Comments submitted by Kenneth W.Terry, former resident of Orient Background: My name is Kenneth Terry and I currently live in South Carolina. I lived in Orient from birth till moving away at age 21. Although I once did, I no longer can claim ownership to any property in Orient. However, I have 4 siblings who continue to own some form of real estate in the Hamlet. We are 10th generation descendants of some of the original settlers of Southold Town, including Richard and Thomas Terry. One of the original settlers of Southold was John Tuthill,who was the progenitor of the Tuthills who currently own the land in question, and who also was my 71h Great Grandfather. Along with said John Tuthill, I have tracked my ancestry to the Town's founding families of Hortons, Wells, Conklin(es), Budds and Young(s). I graduated both Orient and Greenport Union Free School Districts, and from Worcester Polytechnic Institute, as did at least two of my Terry and Tuthill ancestors. I earned a degree in Mechanical Engineering, and have worked in a number of capacities over my career in the Environmental, Health and Safety field. Even though I can claim no direct personal gain or loss due to the ultimate final decision regarding the Tuthill Subdivision in question, I continue to have keen emotional interests in Orient's history, residents and survival. My concerns regarding the continued approval of subdivisions in Orient in general are as follows: 1. The continued increase in tapping into the aquifers that feed fresh groundwater to the eastern part of Long Island can have a detrimental effect on this fragile supply. As there is no current municipal supply of water to Orient, all homes require wells to be connected to the aquifers to obtain usable water.These aquifers are then the sole supply of water to the area and the sole makeup of said aquifers is due to precipitation. However, periods of drought have been experienced throughout the history of this area, and studies have shown that migration of the rain to the aquifers can take from 2S to 1000 years depending on the depth of the aquifer (There are 4 aquifers on Long Island located at different depths). 2. Historically,there have been episodes of surface contamination to these aquifers caused by either chemical or environmental contaminants. Two such episodes of note were the 1, 4— dioxane leakage issue which involved numerous areas of Long Island as well as the rest of the Country. This chemical is used to stabilize trichloroethylene from eroding their containers. Trichloroethylene is used as an industrial degreaser in many manufacturing processes. Numerous studies (almost 1000 on Long Island alone) have been done by the United States Geological Survey and published in their USGS Publications. The Environmental Protection Agency has classified 1,4-dioxane as likely carcinogenic to humans. Due to the nature of this substance, it is extremely costly to remove and resists natural degradation. The second episode closer to Orient was the 1974-79 use of Aldicarb, a highly toxic oxine-carbonate pesticide used by farmers to control potato beetles and golden nematodes. Fresh water wells in Orient were found contaminated by this pesticide, and the use of Aldicarb on Long Island was eventually banned as an approved pesticide. Union Carbide, maker of Temik, which contained the aldicarb, was forced to provide carbon filters on over 1000 wells in residences, including Orient, for a number of years. 3. My opinion is that an environmental impact assessment is fine so long as a hydrogeology impact on the supply of fresh water is included.The real question is how long can we collectively draw from the fragile fresh water supply before the scale balance tips irretrievably toward salt intrusion. Historically,there have been episodes of salt intrusion in driven wells in Orient, which has caused the requirement to move the location of the well. I would suggest that the mean elevation of Orient is around 14 feet above the mean sea level.These means however are changing due to the global warming effect, which is causing a definitive rise in the mean sea level. We have all seen the results of the sea level rise in relation to Orient by the effects of the sound bank erosion, the encroaching water at the Island end at Plum Gut, and how far the sea water comes up at Pete's Neck and around the Yacht Club during storms. Irrespective as to the viability of whether this is due to global warming or not,the fact remains that sea levels are rising and the risks of salt intrusion into the fresh water supply increase along with that rise. I have presented the above as my personal concerns and opinions regarding the continued subdivision allowance/approval within Orient. Historically, a number of such developments have already taken place such as Willow Terrace, Brown's Hill, King's Farms, Ryder Farms, Douglass Properties, etc. Historically,the sale of development rights on various open farmland plots in Orient has helped to control further land development. Respectfully submitted, Kenneth W.Terry 229 Colfax Dr Boiling Springs, SC 29316 SubP C E E��� JERIE R. NEWMAN �'��II' r 8 2 9�� 922 Youngs Road—PO Box 327 Orient, NY 11957 L r��i ._ Nanroling Boar March 14, 2019 Members of the Planning Board: RE:TUTHILL CONSERVATION SUBDIVISION—SOUTH DYER I was in attendance at the Planning Board meeting on March 11 and spoke briefly regarding the South Dyer portion of the Tuthill Conservation Subdivision. As I said, I consider the Tuthills' as friends. That goes way back to our ancestors in the 1600's when Samuel King,John Tuthill, and Richard Brown were among the first settlers in Orient, and every piece of information I have found, stated they were best friends. The Tuthills' are subdividing their properties as a "family plan" for their children and grandchildren so each will be able to have a home in Orient. My late husband, Kenneth, and I also have a "family plan"which is just as important to us. A little history In 1938, Harry and Helen Newman, Kenneth's parents, purchased an 181h century house (an original Rackett home)that was on the property now owned by Florence Horton on Rt. 25 (across from the Latham farmstand). The person who purchased the property did not want the house, so she sold it to the Newmans for$100, but they had to move it from the property. The Newmans' purchased the lot, now known as 790 Oysterpond Lane and had the 18th century house moved to that spot where it still remains. At that time there were no homes on Oysterpond Lane. It was all farmland. The house passed to Kenneth Newman and upon his death, to me. We have a trust that we did a number of years ago for our four children. The house on Oysterpond Lane will go to our third child. As I said at the hearing, Helen Newman loved her historic house. She loved the vista which she called her million-dollar view. She spent many hours on the porch playing solitaire and entertaining friends. She requested that on her death she wanted to be cremated and her ashes spread in Long Island Sound and Gardner's Bay (the million- dollar view she had from her porch). Kenneth honored her wishes. When the house passes to our daughter, she will not have that million-dollar view. Her view will be the back of a very large house. Imagine our 18th century but small Cape Cod house with an 8,000 sq. ft. mansion behind it! In our opinion, this devalues the property at 790 Oysterpond Lane that we wanted OUR daughter to have so she could live in Orient. This is very disappointing. Si erely, Submission Without a Cover Letter RECEIVED w Sender: Nwwi4-ig E oar Subject: SCTM#: 1000 - t7-. -.4 Date: -3 Comments: A C--5-vecry Ca-v&s i N 0 Cf) O D oD o -UC� D OL_> oD '0 0 � S — 0 CO Orz (As O D 3- °''o in ® W � z (00 m �3D m5 g0 m OWO �] � O a -any (D m 0000, r O � Z � o -. m ct, m G (� m �a � m - O _ � � a CL tq„ r �. @ rn Er cr) s � o _ 0 CD 0 cn U o CO OF w �a � c � o w + L Z -aw maa m a Z CO co �_ � �b 0 O m CO Cn ' ,, CoW _ ��� w N j � 0CD N ,O a ur �n N �_ (t� N o o O w n w is W ..fl 3 3 O 0 0 m CO (' � O t o O 2 CO 1 c N _ as O r CD O = • N a' O c o $ N o L- v N _ -• cD W 0 m W o - W - w ti .D W 1❑❑❑oo❑W m � �.. 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Is delivery address different from item 1? 0 Yes f YES,enter dellvery address below: ❑No ' AfT L III I I I I 'll I I I II III I III III I I III I I II II 3. ltSignature ❑e Restricted Delivery BeBelst Mall Restrictedice Type 0 Priority Mail ❑Adult 9590 9402 4643 8323 3072 07 ❑Certified Mail estrictd Delivery ❑Returneceipt for N ❑Collect on Delivery M,er°chandrse 2�ollect on Delivery Restricted Delivery ❑Signature ConflrmatlonTm 2_ Article Number(Transfer from service label) ••4all ❑Signature Confirmation 7 018 01380 0 0 01 4150 3079 ail Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000 s 053 Domestic Return Receipt N _ 1 P CD oD � -00 ' -0 X o =. o OAl ' ► om 2. �o 3 =- s_D < — fZCO OZ Cn D =r- o z a �. w CO o 10 Nm9jm DO L o C _ C — CD to1m� O pv O n nO ¢w vm 0 CD (D 3ma' ? mro O � a nc 7 � oo � Er Er o lL ` 3 � aCO3 o) rn a �D5- my a A. 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Date of Delivery or on the front if space permits: Y( ) ry 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes G C rA IMF£L' C A L%Q IN&1��T If YES,enter delivery address below: ❑ No p;—, Ill : K► l w000 ASSOC 9.0. fox icy(, wr , II II I I I I II I I II I I I I 'III( I I I III I rite Mall l xpress® 3. Service Type ❑Prio ❑Adult Signature ❑Registered MaJITM ❑Adult Signature Restricted Delivery ❑Req,lstered Mall Restricted 9590 9402 4643 8323 3073 06 ❑Certified WHO Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service laben ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation"m ail ❑Signature Confirmation 7 018 0680 0001 4150 2874 ril Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 A Domestic Return Receipt ol.W v co CD N N s *+ � 2. cC°n — A m � o m �� ¢ v CA) � —mmom a �.. 'w.*o m ua �° << a m co cfl a o 0 0 p ® lA �J c� r CD CD N z 0 0 d o Off, O �i � � C3 bN O « W O g 6' , m o m moo w m 0 (D a Ln o m o fU ❑❑❑❑❑❑W Lu (33 o__o__m m ar> W x ® p C �i 5 7 3 >> CD j cD gim a@a a g m m m z I'i oFLm -< y m o a CD a G� m a c m N N 4 y Ilel r � o < a alCr ° m m m wo o ma3 � p cGD vo o �g ❑ ❑ ❑❑ p..a, z N �f m CD 3 ° m 3� w m r d p TT ti 3 N CD FL Z CD ir d, cz p �«rAws^1 w9 c<)�+ N JJIB1 N d r vo �J�`' oil) H„ CPS //�yy♦ H :1 ol & p I f,A >; 053 o=, zN 3 C3 -------' c mom .D, ME 03 C3 C Ir lr� cr 0- V5 D ID @ CL t"llco 0 0 co vyl C3 to 71�' sai'coo .......... o 5; _0 0 V C3 l< 3bi lop, 0, CD CD Ln 0 (D (D M LLI mmm.�i C3 F,C.)00 C., cp OCL Uuo m 0 'IDi E. 4 CD (� 0r m a cllla ' s CL CL o :13 EIL cr CD < cn CD io 0 G. CL 0 7,1 —lb (n ED c,3 CD T3 z g It 0 CD 4G CD CIO bo > coo m IIr OFFICE LOCATION: �P �� MAILING ADDRESS: So P.O. Box 1179 Town Hall Annex / 54375 State Route 25 ., Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 12, 2019 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: Public Hearing - Proposed Tuthill Conservation Subdivision Located at 21505 Route 25, Orient SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Zoning District: R-80 and R-200 Dear Mr. Tuthill: A Public Hearing was held by the Southold Town Planning Board on Monday, March 11, 2019 regarding the above-referenced application. The Public Hearing was held open for written comments for two weeks, until March 25, 2019. If you have any questions regarding the above, please contact this office. Respectfully, Donald J. Wilcenski Chairman March 10, 2019 ��� --�.• __, EIVEDSouthold Town Panning Board E Mr. Don Wilcenski Mr. Pierce Rafferty MAR 11 2M9 Ms. Mary Eisenstein Mr.James Rich " Mr. Martin Sidor qai nnia �rj � � � i ig Board RE:Tuthill Subdivision:Access Road to North Brown Subdivision Dear Chairman Wilcenski and Planning Board Members, My husband,Tom Morgan, and I have been living year round at 855 S.View Drive, Brown's Hill, Orient,for 18 years.We have witnessed the intense increase in traffic to and from the ferry on Route 25, as well as the increase in bike riders,joggers, and dog walkers, etc. I am writing to request that you consider requiring the access road to the Tuthill Subdivision north of Route 25, North Brown, be placed on the east side of the property,where there is already an access road. In our view,the fewer access roads to Route 25,the safer is our community. An event last summer frightened us, Tom was driving, I was the passenger. We stopped at the end of Brown's Hill Road, looking both ways, ready to drive onto Rte 25, Tom made one last look to the left, and started to accelerate when I saw out of the corner of my eye two joggers fast approaching us from the right„ running against traffic—on the wrong side of the road! I yelped,Tom braked,and we nearly hit the first runner,who banging his fist on our car. The woman jogger behind him stopped. My heart was in my throat. We were both shaken. Children and young people bike and run up and down Rte 25 all summer long. Cars race for the ferry all year long, especially in summer. Entering onto Rte 25 is extremely dangerous and requires alert attention and awareness of people and cars that could be approaching from almost any direction— especially speeding cars, passing cars,and ignorant of the law bikers and joggers. The fewer curb cuts the better. Please consider our safety. Thank you very much, Mary McfMorgan <mcfm.morgan@gmail.com> CE March 11, 2019 M A[:, Ir 1 2 01 TO: Southold Planning Board FIR:James Haag, Orient RE: Hearing on Tuthill Conservation Subdivision March 11, 2019 ICIanir0na Board Dear Don and Planning Board Members: I have lived in Orient for 22 years and have enjoyed the quality of life and the character of this historic hamlet. Every day when I drive over the causeway from East Marian, I am amazed by the vista of the harbor framed by steeples of the churches and the historic homes. And I was attracted to the town because of the passion of the residents to maintain the character and beauty of this preserved community. Corcoran real estate begins its website with the following words: ...But what gives you butterflies when you enter Orient by the causeway is its heart-stopping view of the Long Island Sound and Gardiner's Bay. Look out farther and you can see the Orient Beach State Park, a barrier island that is a summer playground of infinite pleasures. I cannot imagine anyone wanting to place a subdivision of 17 homes in this vista. Over the years, I have been impressed with the Planning Board's awareness of maintaining Southold Town character. No matter what the party affiliation, members of the Planning Board seem to be in agreement that what is special about the North Fork must be maintained—or we have nothing. I think most people would agree that there is no finer example of the Fork's essential character than the East Marian/Orient causeway. Please will you seriously consider what is about to happen here? I realize there is a generous acreage being preserved, but a subdivision of 17 houses clustered together in the midst of this? How can we be doing this? People fell in love and moved their lives to this district because of its character.Tourists flock to the causeway and pull over their cars when they first see this breathtaking view. It is not right to alter this. Once we begin to compromise the district, it loses its character—and we all lose. Thank you for your consideration. I have learned the people's opinions mean something in Southold, and I love our town for that.Thanks for considering mine. Best regards, James Haag 4725 Orchard Street Orient, NY 6319026452 �jub�- L MT „ .,...........m...... w ., From: Barry George Bergdoll <bgbl@columbia.edu> ��u°E E III Sent: Monday, March 11, 2019 9:29 AM 1 """ __ „ . __, To: Michaelis,Jessica; Bill Ryall MAR J J 2019 Subject: [SPAM] - Re: Re Tuthill Subdivision/Orient '",6�`,'it, nnl .ho-w n R a nrfing Bard Dear Southold Town Board members, Here is a corrected version of my letter sent yesterday o ... relative to tonight's consideration of the Tuthill property in Orient: Dear Southold Town Board Members, We are writing to second the letter submitted by our Browns' Hills Estates neighbor Deborah Marland. We strongly endorse the idea of requiring the subdivision to locate its access road at the western edge of the site. There are already two parallel roads there providing access to houses on the bluff and the Tuthill estate could take advantage of one of them or add width to an existing road. Since the town professes to want to maintain as much as possible large tracts of open land as natural assets rather than subdividing such natural parcels by roads it seems only logical to consider the following: The eastern edge -- where the Tuthill plan filed proposes to cut a new road -- is currently occupied by a mature hedgerow that appears to straddle the Tuthill property and property of the late Stewart Johnson. The former Johnson property has a conservation easement and it the center of what will be three adjacent preserved fields if the Tuthill field bordering the road is also preserved. Relocating the Tuthill access road to the west to join or parallel existing un-paved roads would keep the beautiful sequence of three fields intended to be preserved as a single landscape uninterrupted by utility poles and wires, preserve mature trees and shrubs, and concentrate access to the main road at one point rather than multiplying points of access to the often busy Main Road with its notorious ferry traffic. It seems like a much happier solution both for current and future residents. Sincerly yours, Barry Bergdoll William Ryall 915 South-view Drive, Orient, 11957 tel + 1 646 379 4055 On Sun, Mar 10, 2019 at 3:33 PM Barry George Bergdoll <twl V rr� . �lnnn l:Ri� cl l wrote: Dear Southout Town Board Members, We are writing to second the letter submitted by our Browns' Hills Estates neighbor Deborah Marland. We strongly endorse the idea of requiring the subdivision to locate its access road at the western edge of the site. There are already two parallel roads there providing access to houses on the bluff and the Tuthill estate could take advantage of one of them or add width to an existing road. The eastern edge -- where the Tuthill plan filed proposes to cut a new road -- is currently occupied by a mature hedgerow that appears to straddle the Tuthill property and property of the late Stewart Johnson. The former Johnson property has a conservation easement and it the center of what will be three adjacent preserved fields if the Tuthill field bordering the road is also preserved. Relocating the Tuthill access road to the west to join or I. parallel existing un-paved roads would keep the beautiful sequence of three fields intended to be preserved as a single landscape uninterrupted by utility pools and wires,preserve mature trees and shrubs, and concentrate access to the main road at one point rather than multiplying points of access to the often busy Main Road with its notorious ferry traffic. It seems like a much happier solution both for current and future residents. Thank you for your consideration. Barry Bergdoll and William Ryall 915 Southview Drive, Orient PO Box 57, Orient,NY 11957 tel 646 379 4055 2 • N From• Deborah Marland <debmarland@yahoo.com> V, Sent: Tuesday, March 05, 2019 3:31 PM To: Michaelis,Jessica Subject: Tuthill Subdivision MAR 0 6' 2019 Dear Southold Town Board Members, Plainning Board I am writingyou ahead of the Draft Environmental Impact Statement and Conservation Subdivision Town'Ha'I�N��Vlee Mee y p $`9ngm...., on March 11th 2019. Many members of Brown's Hills Estates are concerned about the close proximity to our homes of an access road to the proposed Tuthill Subdivision. Please look at the goggle earth photo in your folder of existing homes along the eastern border of Tuthill Property compared to the western border.There are 6 homes on the eastern border as opposed to only two on the western border.Those two are set back further from the property line with two parallel dirt roads side by side. So no mature vegetation to clear or animal habitat to displace. On the eastern side all houses are very close with one extremely close to border where the proposed road is on the property line. I am proposing that this access road be moved from east to west border.This has other advantages to the town with just one curb cut on route 25 to maintain the apron of. Organizing the entrance and exits of three roads into one instead of three separate ones. Certainly this will lessen the chance of accidents into ferry traffic. Or out of ferry traffic on opposite side. There is another advantage that the developers may appreciate as there is a much lower elevation of the western border making road construction easier with less runoff. Thank you for your consideration. Deborah Marland Sent from my Whone 1 Submission Without a Cover Letter Sender: ubject: Flanrihig Board SCTM#: 1000 - \-4 4_kk-Q Date: 3M a u�°\ Comments: O d r O,' r i Veen Card, AGRICULTURAL DATA STATEMENT TOWN OF SOUTHOLD When to use this form: This form must be completed by the applicant for any special use permit, site plan approval, use variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural districts All applications requiring this form must be referred to the Suffolk County Planning Commission in accordance with Sections 239-rn and 2.39-n of the General Municipal Law. Applicant Name: Tuthill Oysterponds Holding Co., LLC Address: P.O. Box 86, Orient, NY 11957 Land Owner-(if other than applicant): Land Owner Address: Description of Proposed Project: The application is for an 80/60 Conservation Subdivision of four parcels: SCT 'I#s 1000- 17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acre private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 6 acres of unbuildable lands. North Dyer is located on the n/s/o NYS route 25, approximately 366 feet west of Oysterponds Lane, in Orient. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 6 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. South Dyer is located on the s/s/o NYS Route 25, approximately 460 feet west of Oysterponds Lane, in Orient. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.2 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. North Brown is located on the n/s/o of NYS Route 25, approximately 2,223 east of Platt Road, in Orient. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres_ This property includes 25.5 acres of open space inclusive of 1 acre of wetlands. South Brown is located on the s/s/o NYS Route 25, approximately 1,960 feet east of Platt Road, in Orient; Is this parcel actively farmed? Yes -SCTM#s1000-17-6-14.2, 18-3-30.3 & 18-6-17.3 AhiJJ wQystetpcnds_!j2 Jin Page 2 Agricultural Data Statement Names & addresses of any landowners within the agricultural district containing active farm operations located 500 feet of the boundary of the proposed project: SCTM#1000-18-3-9.9: Ralph & Catherine Caslenova, P.O. Box 479, Orient, NY 11957 SCTM#1000-18-6-19.3: The Calverton Group, P.O. Box 455, Orient, NY 11957 SCTM#1000-18-6-14.9, 14.6, 14.8 & 14.9: Ezair Khedouri, 931 Madison Ave., New York, NY 10021 Attach a tax map or other map showing the site of the property where the project is proposed relative to the location of farm operations identified above. -212 w . Ap licant/Agent Signature Date 1000-17-2-11 - GB Orient, LLC c/o Steven Weiss Esq., 767 Third Ave., New 'York! NY 10017 --X1000-17-2-15.4 - Joseph & Nancy Kardwell, P.O. Box 607, Orient, NY 11957 v1 1000-17-2-17 - Beatrice Ducrot, P.O. Box 332, Orient, NY 11957 V1000-17-4-3 - Robert Vancleef, P.O. Box 368, Orient, NY 11957 A1000-17-4-4 - Harold Griffiths, P.O. Box 187, Orient, NY 11957 X1000-17-4-5 - Lori Feilen, P.O. Box 33, Orient, NY 11957 1000-17-4-6 - Betty MacPhee, 114 Rowayton Woods Dr., Norwalk, CT 6854 ,x1000-17-4-8 - Robert & Nancy Hungerford, P.O. Box 596, Orient, NY 11957 X1000-17-4-9 - Thomas Foster & Dinah Seiver, P.O. Box 653, Orient, NY 11957 X 1000-17-4-10- Florence Horton, P.O. Box 27, Orient, NY 11957 �/1000-17-4-14 - Linda Feigelson, 560 Riverside Dr., Apt. 22L, New York, NY 10027 \1000-17-4-15 - Ann Callahan, 20 E. 9th St., New York, NY 10003 1000-17-4-17 - Gemmel, CM Living Trust, ATTN: Knobwood Assoc., P.O. ox 166, Orient, NY 11957 V�1000-17-4-18 - Paul Gertner & Rochelle Serwator - 293 Hoyt St., Brooklyn, NY 11231 1000-17-4-19 - Gemmel, CM Living Trust, P.O. Box 166, Orient, NY 11957 1000-17-4-20 - Robert & Eleanor Hughes, 1025 Petes Hill Rd., Orient, NY 1957 X1000-17-4-21 - Eleanor Hughes, 1025 Petes Hill Rd., Orient, NY 11957 �1000-17-4-23 - Tamar Holdings LLC, 344 Bowery PH6, New York, NY 10012 '\<�/000-17-6-5 - Robert Vancleef, P.O. Box 368, Orient, NY 11957 1000-17-6-7 - PRIVATE ROAD/ UNKNOWN OWNER X1000-17-6-8 - Irene Treiber, 5 Tanglewood Ln., Sea Cliff, NY 11579 1000-17-6-9.1 - Jonathan Muir, 835 Broadway Ave. #17A, Holbrook, NY 11741 1000-17-6-14.3 - South Dyer LLC, P.O. Box 86, Orient, NY 11957 ,X1000-24-1-3 - Regina Abersmith & Emily, Deerkoski, P.O. Box 62, Orient, NY 11957 1000-24-1-4 - Regina Abersmith, P.O. Box 62, Orient, NY 11957 VX 1000-24-1-5 - John & Thanne Dispenza, 116 Pinehurst Ave. Apt. F31, New 'York, NY 10033 X1000-24-1-6 - Nelson S & S Family Revocable Trust, 8434 Sparger St., McLean, VA 22102 000-24-1-7 - Kenneth Newman, P.O. Box 327, Orient, NY 11957 �1000-24-1-9 - VanCleef, Mina Trust & VanCleef, Donald Trust, 3238 Bayberry Cv. Wooster, OH 44691 1000-24-1-10 - AW Frame LLC, 1299 Ocean Ave. Suite 333, Santa Monica, CA 90401 �( 1000-24-1-11 - Stephen & Charlotte Wagner, 144 Fair Oaks Park, Neeham, MA 02492 X1000-18-3-9.2 - Peter Smith, 2 Montague Ter., Brooklyn, NY 11201 )1000-18-3-9.10 - Ralph & Catherine Caslenova, P.O. Box 479, Orient, NY 11957 000-18-3-9.11 - Ralph & Catherine Caslenova, P.O. Box 479, Orient, NY 11957 41000-18-3-16 - New York State, 250 Veterans Memorial Highway, Hauppauge, NY 11788 X1000-18-3-17 - Michael Korell, P.O. Box 182, Orient NY 11957 P9. 2 41000-18-3-30.4 - Sno-Bo LLC, 33 Green St. Apt. 4E, New York, NY 10013 Ix 1000-18-4-1.3 - William McNaught/ Oysterponds Corp., P.O. Box 54, Orient, NY 11957 ,,000-18-4-2.1 - Katherine Bondarchuck & Theresa Flower, 27295 Route 25 , Orient, NY 11957 X,.1000-18-6-14.8 - Ezair Khedouri, 931 Madison Ave. New York, NY 10021 V�1000-18-6-14.9 - Ezair Khedouri, 931 Madison Ave. New York, NY 10021 \X1000-18-6-14.7 - Ezair Khedouri, 931 Madison Ave. New York, NY 10021 V1000-18-6-15 - Ezair Khedouri, 931 Madison Ave. New York, NY 10021 1000-18-6-17.5 - Robert & Margaret Scott, 26700 Route 25, Orient, NY 11957 1000-18-6-17.2 - New York State DEC, Attn. Bureau of Real Property, 50 Circle Road, BLDG. 40, Stony Brook, NY 11790 �( 1000-18-6-18.2 - New York State DEC, Attn. Bureau of Real Property, 50 \Circle Road, BLDG. 40, Stony Brook, NY 11790 1000-18-6-18.1 - South Brown LLC c/o Reginald Tuthill, P.O. Box 86, Orient, NY 11957 000-18-6-19.3 - The Calverton Group, P.O. Box 455, Orient, NY 11957 Y,000-18-6-20 - 27300 Main Rd. LLC, P.O. Box 177, Orient, NY 11957 X, - Town of Southold, P.O. Box 1179, Southold, NY 11971 -1000-27-2-7 - Ezair Khedouri, 931 Madison Ave., New York, NY 10021 \X\1..000-13-3-1 - Solution East LLC, 440 W. 44th St., New York, NY 10036 :i..000-13-3-3 - Deborah Marland & David Backus, 129 Park PI., Brooklyn, NY 11217 1000-13-3-4 - Mark & Elizabeth Villanti, 70 Wilbur blvd., Poughkeepsie, NY V 2603 pg. 3 Iy\\1000;13-3-5.1 - Constantino Family Trust, P.O. Box 216, Orient, NY 11957 1000-13-1-1 - NoFo Prprts Greenport LLC, Attn. Mark & Ellie Gordon, .146 `Central Park W. Apt. 24E, New York, NY 10023 X 1000-13-1-12.1 - Browns Hill Est. c/o Paul McNamara, 40 E. 88t" St., New York, NY 10128 pg. 4 ru �4 I —J CQ � D 5 5 :w ro m ' Z & � �, C CO y O 0 7 OFI� t N. IF �,�n� �� u)„wa �,,,, �- o `Da ='a N N � � U-1 ertl,-16"M— Faaa �a. (158b < Q 'a N o m o c? At W $3 r-� $ -Cl q� 14 C� ! 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A. r'ce5wed re ■ Print your name and address on the reverse X �, ❑Ag so that we can return the card to you. _ ddr°se " Name) of or on the front If spate permftsthe mailpiec �r�� �I`�;`Y ■ Attach this card to the b 1. Article Addressed to, D. Is delivery address different from item 17 ❑Yes Kpiq at le%0 � �r� If YES,enter delivery address below: ❑ No 3. III I I III I I III I I I I IIIII I I I II I I II 'll ❑dult Signature Signature Restricted Delivery ElReOst dlMaH Restrdcted 9590 9402 4643 8323 3071 84 ❑Certified Mail® l ❑Certified Mall Restricted Delivery ❑Return Receipt for ❑Collect on Delivery M rcharndlse ❑Collect on Delivery Restricted Delivery ❑Signature Cor711rrncutlat~TM° 2, Article Number(Transfer from service label) ❑Vgnature Cond tmatlon 7 018 0 6 8 0: 0001 4150 3093 Restricted Delivery ReWcled Ill r Form 3811,�Puly'2d 5 P N 7530-02-dOfl-90a5' Domestic Return Receipt MOO w ■ Complete it9rns%1,2,and 3. A Sign ur �~ Agent ■ Print your name and address on the reverse X Addressee so that we can return the card to you. __ —....._ a Attach this card to the back of the mailpiece, B. Rece ed by(Printed Name) C. Date of Delivery _ ..... .. or on the front if space permits. D. Is deliv I. Articte Addressed to; ery address different from item 1? Yes If YES,enter delivery address below: ❑ No 011 3. ��I III III�I I III ,I IIII III I�I IIIIII I I III III III ❑dultt Signature e Restricted Delivery ❑ Ist Mail vice Type 0 priority Mall Restricted, 9590 9402 4643 8323 3072 14 ❑Certified Mal@ Delivery ❑Collect Mall Restricted Delivery ❑Return Receipt for ❑Certified n Delivery Me and a o'u, 1 ❑Collect on Delivery Restricted Delivery ❑Se�rzatt rrr`Gor I r art 6 Wryll(Transfer from serYJge w!abel _ , ) ,�ti_�_��.��.rl ❑SuRrwut Ca�� r I Restricted Deliy 70�18 06�80 0001 4150 3062 rt A -02-000-9053 PS Form 3811,JUIy2015 PSN 7530 ru . I ru «.. 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M .� a •• ..® c:an. e - r a. ere:a• rq �« -n •® _ T's";7 immm= ) I �, C3 T V"1 3•,_prima 0 8,9 a $2.80 14 Mira SL'r4BiL`�L1 x ,"eas(ck k b r„odOf mt pe,Wy,afq) ❑Return Receipt(wdwpy) $ — e, »,y w,R E ❑ c Return Realpt(electaonlc) $O 1-3 []Adult Certified Mall Reatitated Delhmy $ Sig ❑Ad Adult nature Required �Restricted Wlvery$ 969 y. ..V. � Pe ad Signature ul G,5 ,r+��p,iy Jy�/t M CO "C9 AV GB�'aS"ktg�EA pYkYt '�YC � 0 1 7�" 0 � ,'�`r W Y�'YY�i Y o 1(aef a p�: N alas 4 b p e o b 6 m 0 Y 0 mm w 'a $ S2.80 14 Extra Services Furs(„lmA,,bav,,add mtn) Return pt(hardccPY) $..... 0 ❑ Receipt $ C O, ,,,ryCry�PY7SSl 3 ❑CerNed Men Restricted Dellmy � ❑ 9 d I q 9a w w Adun Signature Required $..... ❑FduR Signature Restricted Delkwy$. „ � Postage $0.55 YCrM ) Q trt�taglm"ass 5 f 1 w ca He O Gd( �'ear err `7too and a Ct e8Y n • OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex S P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 12, 2019 Mr. Reginald Tuthill Tuthill-Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: SEAR DEIS Adequacy Determination - Proposed Tuthill Conservation Subdivision Located at 21505 Route 25 SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Zoning District: R-80 and R-200 Dear Mr. Tuthill: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, February 11, 2019: WHEREAS, on March 23, 2016 the Southold Town Planning Board, as Lead Agency, found that the Draft Environmental Impact Statement (DEIS) for the Tuthill Conservation Subdivision dated February 11, 2016 inadequate for public review; and WHEREAS, on, September 14, 2018 the applicant submitted a revised DEIS which has been reviewed; and WHEREAS on January 28, 2019 the applicant submitted a one page amendment to the original DEIS submission which has also been reviewed; therefore be it RESOLVED, that the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, hereby finds the Draft Environmental Impact Statement (DEIS) for the Tuthill Conservation Subdivision, dated as received September 14, 2018 as amended, complete for public review and comment; and be it further RESOLVED, that the Southold Town Planning Board hereby authorizes the Planning Board Chairman to submit the Notice of Completion pursuant to Part 617 of the Tuthill Conservation Page 2 February 12 , 2019 Subdivision implementing regulations pertaining to Article 8 of the Environmental Conservation Law and, upon filing, the public comment period will begin; and be if further RESOLVED, that the Planning Board sets Monday, March 11, 2018 at 5:82 .m. for a Public Hearing on the Draft Environmental Impact Statement (DEIS) for the Tuthill Conservation Subdivision. Please refer to the enclosed copy of Cha ter 55 Notice of Public Hearing, in regard to the Towns notification procedure. The notification form is enclosed for our use. The si n and the loost will need to be picked up at the Plannin Eoard Office Southold Town Annear. Please retuirn the enclosed) Affidavit of Postin alon i with the certified.,mail�ing receipts AND the signed green return recei ik cards before 1 :00 noon on Friday,_March 81 2019. The sign and the post need to be returned to the Plann!pq Board Office after the public.hearing is closed. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, 000 Donald J. lcenski Chairman Encl. cc: Scott Russell, Southold Town Supervisor Southold Town Clerk for Southold Town Board Southold Town Zoning Board of Appeals Southold Town Building Department Southold Town Engineer Southold Town Police Department Southold Town Local Waterfront Revitalization Program Coordinator Southold Town Architectural Review Committee Southold Town Highway Department Southold Fire District Suffolk County Department of Health Services Suffolk County Water Authority Suffolk County Planning Commission Suffolk County Legislator NYS DEC - Stony Brook NYS DEC - Commissioner NYS Department of Transportation NYS Department of State NYS Natural Heritage Program Environmental Notice Bulletin File Tuthill �JI aonds HoWin Corn n d"acent Pro ert Owners SCTM#1000-17-4-16 (North Dyer) SCTM#1000-17-6-14.2 (South Dyer) SCTM#1000-18-3-30.3 (North Brown) SCTM#1000-18-6-17.3 (South Brown) North &South Dyer: 1000-17-2-11 1000-17-2-15.4 1000-17-2-17 1000-17-4-3 1000-17-4-4 1000-17-4-5 1000-17-4-6 1000-17-4-8 1000-17-4-9 1000-17-4-10 1000-17-4-14 1000-17-4-15 1000-17-4-17 1000-17-4-18 1000-17-4-19 1000-17-4-20 1000-17-4-21 1000-17-4-23 1000-17-6-5 1000-17-6-7 1000-17-6-8 1000-17-6-9.1 1000-17-6-14.3 1000-24-1-3 1000-24-1-4 1000-24-1-5 1000-24-1-6 1000-24-1-7 1000-24-1-9 1000-24-1-10 1000-24-1-11 North &South Brown,ry 1000-18-3-9.2 1000-18-3-9.10 1000-18-3-9.11 1000-18-3-16 1000-18-3-17 1000-18-3-30.4 1000-18-4-1.3 1000-18-4-2.1 1000-18-6-14.8 1000-18-6-14.9 1000-18-6-14.7 1000-18-6-15 1000-18-6-17.5 1000-18-6-17.2 1000-18-6-18.2 1000-18-6-18.1 1000-18-6-19.3 1000-18-6-20 1000-27-2-6 1000-27-2-7 1000-13-3-1 1000-13-3-3 1000-13-3-4 1000-13-3-5.1 1000-13-1-1 1000-13-1-12.1 Southold Town Planning Board Notice to Ad'acent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a Conservation Subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#'s 1000-17-4-16, 17-6-14.2, 18-3-30.3 and 18-6-17.3; 3. That the properties which are the subject of this application are located in the R- 80 and R-200 Zoning Districts; 4. This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM #'s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240-42 G of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 5.7 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots and includes a reserve area for agricultural related use where the lots and reserve area range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 14.6 acres of unbuildable lands. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acre of unbuildable lands. 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2"d FI., Former Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet: 1. Go to the Town of Southold website www.southoldtownny. v; 2. Click on Town Records/Weblink icon located on the home page; 3. Click on "Planning Dept." folder; 4. Click on "Applications", then "Conservation Subdivisions", then "Pending"; 5. Click on the SCTM# (tax map #) of the application (found in #2 above). Or by sending an e-mail message to: Jes icaM southoldtg nny,_gov; 6. That a public hearing regarding the Draft Environmental Impact Statement and Conservation Subdivision will be held on the matter by the Planning Board on Monday, March 11 2019 at 6:02 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Tuthill Oysterponds Holding Co., LLC Date: 2/14/19 ... i tl z a w O ° „ II yy fk- ON r- ' „ m l 4_ g 'rlv °� r I N 9 .... 'q uf �, I '( DWI MIS ���LMGM].��..�� �� „�.,1..11(l l�l fl���l.�.,.L11 I[�C,�L. ff ].,�l I � ".111. 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'r AGRICULTURAL DATA STATEMENT TOWN OF SOUTHOLD When to use this form: This form must be completed by the applicant for any special use permit, site plan approval, use variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring this form must be referred to the Suffolk County Planning Commission in accordance with Sections 239-m and 239-n of the General Municipal Law. Applicant Name: Tuthill Oysterponds Holding Co., LLC Address: P.O. Box 86, Orient, NY 11957 Land Owner(if other than applicant): Land Owner Address: Description of Proposed Project: The application is for an 80/60 Conservation Subdivision of four parcels: SCTM#s 1000- 17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acre private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 6 acres of unbuildable lands. North Dyer is located on the n/s/o NYS Route 25, approximately 366 feet west of Oysterponds Lane, in Orient. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 6 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. South Dyer is located on the s/s/o NYS Route 25, approximately 460 feet west of Oysterponds Lane, in Orient. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.2 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. North Brown is located on the n/s/o of NYS Route 25, approximately 2,223 east of Platt Road, in Orient. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 1 acre of wetlands. South Brown is located on the s/s/o NYS Route 25, approximately 1,960 feet east of Platt Road, in Orient; Is this parcel actively farmed? Yes - SCTM#s1000-17-6-14.2, 18-3-30.3 & 18-6-17.3 Tuthill Page 2 A ricultural Data Statement Names & addresses of any landowners within the agricultural district containing active farm operations located 500 feet of the boundary of the proposed project: SCTM#1000-18-3-9.9: Ralph & Catherine Caslenova, P.O. Box 479, Orient, NY 11957 SCTM#1000-18-6-19.3: The Calverton Group, P.O. Box 455, Orient, NY 11957 SCTM#1000-18-6-14.9, 14.6, 14.8 & 14.9: Ezair Khedouri, 931 Madison Ave., New York, NY 10021 Attach a tax map or other map showing the site of the property where the project is proposed relative to the location of farm operations identified above. Applicant/Agent Signature Date AVG _-- m # sh 'P� * �,5`� �• �qy„ �`� �,.,� �'".�'' p' +fir" �,✓ '�� � � C�'r,Y� Y. lot Y a - luN wIiw a 114 I't � x h / n �`'�,� �.•,fr A,s �"� .� +�;'' •�� �^� ✓ r �,� �,�r' ,fir �����,✓`�� ��� � �p t �a m� "°aa _ dr.,•rd o P f x � s r N M ✓ 1 Pon; R AFFIDAVIT OF POSTING M�AR 0 I, 2019 Maum°uhig Board This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the streets) where it can be easily seen, and that I have checked to be sure the p,oste�,han remained in place for seven days prior to the date of the public hearing on _ IT I have sent notices, by c.e.rtified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts d every property which is across on 117 Your Na (print) Signatu e Address Dade Notary Public N1 V,.,NTF DOR KU �.a�VJVOnVV„i;" na r ii �u . rc"mhM�m PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 318/19 *********.**k**A.-'***Pr*&A.".k:k`Ik�dk ak k9r:'k'k':k.#.kk"dc'se fr'.IFN:A*#:*#&.•. *:**#-A***h:***r.:h: Re: Pro_posed division for Tuthil„_ I OYsterponds Holding Co LLC SCTM#s 10 0 17n 4-16a 1000 17b �6-14.2, 1000-18.-3-30.3 and 1000-18.-6-17.3 g nday, March 11,2019 6 02 p m. Date of Public Hearin Mom„ Southold Town Plannina Board Work Session — Februa 11 2019 — Page 3 Project Name; Tuthill Conservation Subdivision SCTM#: 1000-17-4-16, 17-6-14.2, 18-3-. 30.3, 18-6-17.3, 18 6 18.1 Description: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM# 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6- 17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240- 42 G of the Southold Town Code. i SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 5.7 acres of unbuildable lands. I SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots and includes a reserve area for agricultural related use where the lots and reserve area range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 14.6 acres of unbuildable lands. I � SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be 1 subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acre of unbuildable lands. �.... ........ _ . ... Status: Pending Action: Review for Draft Environmental Impact Statement adequacy Attachments Staff Report Discussion: ❖ Planning Department End of Year Report — Review Draft ❖ Draft Monthly Report for January ❖ Request for Comments to ZBA re: Fishers Island Walsh Park Development SCTM#1000-12-1-4.4, Fox Lane, Fishers Island Note: ❖ Code Committee Meeting: Thursday, February 28, 2006, 2:30 p.m., Annex Executive Board Room Agenda: Recreational Floating Zone Southold Planning Department Staff Report Subdivision Application Work Session Review Date February 11, 2019 Prepared By: Mark Terry I. Application Information Project Title: Tuthill Oysterponds Holding Company Applicant: Tuthill Oysterponds Holding Company Date of Submission: July 3, 2014 Tax Map Number: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Project Location; 21505 Route 25 Hamlet: Orient Zoning District: R-80 & R-200 II. Description of Project Type of Subdivision: 80/60 Conservation Subdivision Acreage of Project Site: North Dyer: 21.1 acres South Dyer: 35.4 acres North Brown: 28.75 acres South Brown 26.92 acres-Total of 112 acres # of Lots Proposed: 17 III: Status Pending IV: Action to review Determine Adequacy of the DEIS Submitted on September 10, 2018. Set Public Hearing on DEIS V: Analysis In April of 2016 the Planning Board found the DEIS submitted on February 11, 2016 Inadequate and a letter was sent to the applicant indicating such. On September 10, 2018 the applicant submitted a revised DEIS and a subsequent amendment on January 27, 2019 by email that provided answers to the questions outlined. The language of the letter is included below followed by staff's analysis in bold. Impact on Surface Water a. The proposed action may affect the water quality of any water bodies within or downstream of the site of the proposed action. Southold Planning Department Staff Report i. The impacts of the new sanitary systems proposed on the South Dyer and South Brown properties on surface waters should be discussed. ii. The potential impacts of the new sanitary systems to Long Island Sound and Munn Pond should be discussed for the North Dyer and North Brown properties. Please provide current readings for Nitrate in the document. DEIS 1. Proposed density reduction reduces potential Surface Water impact by eliminating the need for 60% of the potential Wells and Wastewater systems. (Page 13.) 2. The 60% Density reduction would decrease the potential septic system from 1,680 lbs. to 680 pounds, representing a 2.5% increase over existing housing population (Page 14) 3. The applicant has agreed to that when the lots are developed, they will utilize the Best Practices and sanitary system technologies available at that time instead of conventional systems as first proposed. This will avoid or significantly reduce potential environmental impacts (DEIS Amendment January 28, 2019) 4. Utilizing 22% of the water usage (gpd) and Wastewater discharge (gpd) allowable by the SCDHS. (Summary Page 20) 5. Provides USGS water analysis for Orient Harbor Results show that 1 day exhibited fair water quality (Page 14). 6. The SCDHS has a system for classifying areas in the county that need advanced wastewater treatment. Our parcels are in the lower priority areas (#3 and #4). 1. Priority 1 — Unsewered Residential 2. Priority 2 — Unsewered Residential 3. 0-2 year Baseflow Contributing Areas to Surface Water 2 Southold Planning Department Staff Report 4. 2-25 year Baseflow Contributing Areas to Surface Water Impact on Groundwater b. The proposed action will require new water supply wells.. i. The action must be assessed to water availability of potable water source and the impacts on existing and future development on groundwater supply. The DEIS does not assess water availability of potable water sources and the impacts on existing and future development on groundwater supply. Please include a discussion that assesses the availability of potable water and potential impacts on water supply. DEIS SCDHS has completed water analysis from our test wells and all 4 parcels have met NYSDOH Drinking Water standards, including for VOC's, PPCP's and Pesticides. In fall 2016 we installed 6 test wells: 2 on North Brown, 1 on South Brown, 2 on South Dyer and 1 on North Dyer. In December 2016, SCDHS conducted water analysis for the test wells and one existing well on North Dyer. Final results were issued March 29, 2017. Nitrate levels from South Brown and the two South Dyer test wells met the NYSDOH standards, but exceeded the Suffolk County test well standards. Also, one of the South Dyer wells exceeded the drinking water standard for iron. (Page 18) As a result we were asked to install two additional test wells on South Dyer, which we did in late summer 2017 to minimize farm disruption. Water samples were taken in October 2017, and final results were issued February 20, 2018. All results met NYSDOH Drinking Water Standards and SCDHS test well standards. We were also requested to do another test well on South Brown, but we elected not to do this at the time since we could address the issue by installing a system to remove nitrate from the drinking water (i.e. ion exchange, distillation or reverse osmosis). These systems could also be used if future problems arise with VOCs, PPCPs or pesticides (Page 18) Southold Planning Department Staff Report ii. Discussions must include the impact to adjacent parcels (including zone of influences). The DEIS does not assess the impact to adjacent parcels (including zone of influences). Please include a discussion on the potential impacts to adjacent properties, including zone of influences to existing, private wells. Applicant Response DEIS: 1. A total of 31 private wells are located greater than 150' from proposed lots. (Page 17) 2. The Nassau Suffolk Water Commissioners Association's 2014-2018 report on "Our Long Island Aquifers: The Basics" and Suffolk County Comprehensive Water Resource Management Plan (3.1.2.9). These two sources support that our project would not have a measureable impact on the existing and future ground water supply and therefore would not have an impact on the private or common wells adjoining our properties (zone of influences) (Page 17). iii. The threat of salt water intrusion on private wells. The DEIS does not assess the impact from potential salt water intrusion on private wells. Please provide a discussion on the threat of saltwater intrusion on existing and proposed private wells. DEIS 1. No evidence that the proposed project could cause saltwater intrusion either in our new wells or in nearby existing wells. (Page 17) 2. The Sodium levels in test wells ranged from 11.6 to 59.5 mg/L. These levels are well below the `moderately restricted' sodium diet level of 270 mg/L; 3 of our 9 test 4 Southold Planning Department Staff Report wells are below the `severely restricted' sodium diet level of 20 mg/L. (Page 17) 3. All results met NYSDOH Drinking Water Standards and SCDHS test well standards. (Page 18) C. Water supply demand from the proposed action may exceed safe and sustainable withdrawal capacity rate of the local supply or aquifer. L The action must be assessed to determine impact on water supply demand of potable groundwater sources for each parcel location. Please provide calculations of the expected amount of water (in gallons per day) used for each residential structure, including areas proposed to be irrigated. See response to item e. below. DEIS 1. Households use is estimated to be 200-300 gallons per day (gpd) (Page 16) 2. Total use of 17 lots is 5100 gpd. (Page 17) 3. Proposing traditional septic systems for our 17 lots (Page 18) 4. Density reduction would decrease the potential septic system discharge to soil from —1,680 pounds of nitrogen/year to 680 pounds (Page 19) 5. Water usage and wastewater discharge would be 22% of the SCDHS allowable level, a sizeable reduction in impact. ii. The sustainability of the aquifer and impacts to adjacent parcels and area should also be discussed. The DEIS does not assess the potential impacts to adjacent parcels that are served by private wells. New private wells can adversely affect existing private wells water supply. The DEIS needs additional information to adequately assess the potential impacts. Please provide details about the aquifer (confined, sole source, geology replenishment source, freshwater depth etc...). See 5 Southold Planning Department Staff Report Please provide the number of private wells currently within 150' of each parcel. DEIS A total of 31 private wells are located greater than 150' from proposed lots. (Page 17) Private Wells Within 150' Of Each Parcel (# lots within 150' of Private Wells) North D y y North Brown South Brown Total er South Dyer No 16 (1) .. 2 (0) .........�.. 31 p. ..__ or 2 lots; unknown private well 50' from private wells f *Test wells >1 � location near 3'� lot ** Test well > 150' from any private well Please provide a discussion if the new private wells would impact existing private wells. It is recognized that water quality data for private wells (not located on your property) is not attainable from the Suffolk County Department of Health Services, therefore , the Planning Board acknowledges that data for existing, surrounding private water wells cannot be submitted. DEIS No potential impact identified (Page 17) d. The proposed action may allow or result in residential uses in areas without water and sewer services. i. Suffolk County Department of Health Services approvals will be required. The Town realizes that the lots will not be created at this time. Assessment of potential impacts (pharmaceuticals and personal care products) to groundwater from new sanitary systems, fertilizers and herbicides must be included. The DEIS does not assess potential impacts from pharmaceuticals and personal care products to groundwater from new sanitary systems that would be approved by the Suffolk County Department of Health Services. 6 Southold Planning Department Staff Report DEIS Applicant has agreed to Best Management Practices for landscaping in HOA covenants /restrictions: • using native, drought-tolerant plants • Fertilizer applications o nitrogen, phosphorous, or potassium only between November 1-and April 1. o Lawn Fertilizer Applications: } Only if more than 20' away from surface water or within 3' of a 10'+ vegetative border; or within 3' of surface water if the spreader has a guard deflector shield or is a drop spreader ■ Only organic fertilizers where the water- soluble nitrogen is no more than 20% of the total nitrogen in the mixture may be utilized on the lots. ■ maximum of 1 pound of nitrogen per 1000 s.f. in any one application, with a cumulative application of no more than 2 pounds per 1000 s.f. per year ■ phosphorus containing lawn fertilizer is prohibited unless establishing a new lawn or soil test shows that the lawn does not have enough phosphorus. The phosphorous level must be 0.67 or lower unless a soil test indicates it's needed. ■ prohibited on impervious surfaces. Any applications or spills must be immediately picked up. (Page 20) e. The proposed action will require wastewater discharged to groundwater. The amount of wastewater gallons per day (gpd) that will be discharged to groundwater compliance with Suffolk County Department of Health Services regulations must be provided. The DEIS does not provide the calculated amount of wastewater gallons per day (gpd) that will be discharged to groundwater and compliance with Suffolk County Department of Health Services regulations. For example: Sanitary disposal within the proposed subdivision will be managed by on-site underground sewage leaching systems. In 1978, the Long Island Regional Planning Board published the Long Island Comprehensive Waste Treatment Management Plan (208 Study). 7 Southold Planning Department Staff Report The 208 Study identified eight (8) hydrogeologic zones in Nassau and Suffolk Counties. These zones were distinguished based upon differences in underlying groundwater flow patterns and water quality. The subject site is located within SCDHS Groundwater Management Zone IV, which according to Article 6 of the Suffolk County Sanitary Code, has an allowable flow of 600 gallons per day (gpd) per acre in areas served by public water. The sanitary design flow is computed using SCDHS manual Standards for Approval of Plans and Construction for Sewage Disposal Systems for Single Family Residences. http://www.suffolkcountyny.gov/Portals/0/Documents%20and%20F orms/Health%20Services/Wastewater%2OManagement/Standards/ Residential%20Standards.pdf The manual establishes the design flow as follows for the action: SINGLE FAMILY DWELLING: 300 gpd x X dwellings = 2100 gpd Total parcel size X acres x 600 gpd = X gpd X gpd is less than the allowable flow of X gpd for the parcel. Please provide sanitary flow calculations and indicate if the proposed action will conform to allocated gpd as established in Article VI of the Suffolk County Sanitary Code. DEIS The proposed action is in an area that does not have public water or sewer services. It will require one new well and a sewage disposal system for each of the 17 house lots. Reducing the density versus a Standard Subdivision has already eliminated 25 (60%) of the potential new wells and septic systems needed (Page 16). Average water usage for future households to be 200-300 gallons per day (gpd), including irrigation. This is based on USGS data (80-100 gpd per person), and the Grace Communications Virtual Water Use Calculator and the Home Waterworks calculator. If all 17 lots were developed, the maximum consumption would be 5,100 gallons per day (17 lots x 300 gpd). (Pages 16 and 17) f. The proposed action may result in the construction of water supply wells in locations where groundwater is, or is suspected to be, contaminated. 8 Southold Planning Department Staff Report Areas of Orient have exhibited groundwater contamination. Recent concerns have been outlined in the Suffolk County Comprehensive Water Resource Management Plan (2015). A discussion on current groundwater quality, contamination and potential impacts that may result from the proposed action is required. The DEIS does not include a discussion on current groundwater quality, contamination and potential impacts that may result from the proposed action. The SUFFOLK COUNTY COMPREHENSIVE WATER RESOURCES MANAGEMENT PLAN ((SCCWMP) 2015) identifies nitrate causing the most widespread concern to the regions groundwater. Additional contaminants of concern found in groundwater include; perchlorate, 1,4-dioxane and pharmaceuticals and personal care products (PPCPs). Contamination by volatile organic compounds (VOCs) and pesticides also have been identified as a serious threat to groundwater. The SCCWMP correlates lot size and density with higher concentrations of nitrogen. SCDHS simulation results representing nitrate concentrations shows sanitary wastewater via on-site septic systems in areas with uniform '/4 acre zoning exceed the drinking water standard of 10 mg/L in the shallow aquifer. One-half acre lots are successful in maintaining groundwater nitrate levels at less than 10 mg/L but may exceed target levels of 6mg/L depending on many factors. Nitrate levels resulting from on-site wastewater disposal on 1 acre and 2 acre properties remain less than 4 mg/L in downgradient groundwater (SCDHS). It is recognized that residential density proposed on the parcels is low (1 unit per 6.58 acres) however, recent scientific and technical studies have identified on-site sanitary systems as contributing level of nitrates to surface and groundwater at levels that have resulted in impacts. Dr. Christopher Gobler (Stony Brook University) through recent studies has identified direct and indirect excess nitrogen loading in Long Island waters as the cause to water body impairments including outbreaks of brown tides, rust tides, toxic cyanobacterial blooms, hypoxia, and acidification. New links were also made between excessive nitrogen loading, the loss of salt marshes, and coastal flooding. 9 Southold Planning Department Staff Report In a recent published report Investigation of Fish Kills Occurring in the Peconic River- Riverhead, NY Spring 2015 (SCDOH) fish kills in the recent years were linked to many factors; including excess nitrogen. The report states that although nitrogen has not been identified as a direct cause of low dissolved oxygen, anthropogenic nitrogen loading from point and non-point sources, including septic systems, residential and agricultural fertilizers, sewage treatment plant effluents and atmospheric deposition, stimulates the algal production that subsequently acts to diminish oxygen levels. The findings also indicate that a spike in nitrate was noted prior the late May and mid-June fish kills. Excessive biochemical oxygen demand (BOD) from sediments washed into waterbodies from stormwater has also been identified as a contributing factor to fish kills. The decomposition of the sediment creates an oxygen demand by aerobic bacteria. Past studies have also linked hypoxic (low available oxygen) in waterbodies to increased organic matter contained in stormwater runoff. The DEIS indicates that all applicable regulations will be met upon development of each lot. Currently stormwater is controlled through Chapter 236 Stormwater Management of the Southold Town Code. Please elaborate on the compliance with Chapter 236 and what type of best management practices would be expected to be utilized. For example, the installation of silt screens and haybales used to control storm water runoff during construction and the installation of pervious driveways and drywells. Due to the proximity of the parcel to private wells, surface waters (Orient Harbor and Long Island Sound) and groundwater it is expected that the action would contribute higher nitrate concentrations in groundwater and surface waters over existing conditions. It is recognized that there is scientific evidence on the value of the Eastern oyster (Crassostrea virginica) and the ability of populations to improve water quality through nutrient removal; however, there is a concern about the permanence of the oyster farm. If the oyster farm ceases operation, then the beneficial water quality improvements would also cease. The SCDOH is currently conducting a study on the feasibility and treatment of alternative small on-site sanitary systems( under 1,000 gpd) with a 50% nitrogen removal criterion. The results are expected to be released in 2016 and the systems are expected to be available in 2017. Even though the systems are not available 10 Southold Planning Department Staff Report currently, are you committing to an alternative on-site sanitary system in the future if and when the lots will be developed? The water quality under each parcel is currently unknown. Please submit water quality data for test wells where development is proposed. Data could be submitted in table format. DEIS The applicant has provided a comprehensive water analysis for each proposed lot in 2017 and again on South Dyer Lots 2 and 4 in 2018 (DEIS Appendix F). Results show that water quality meets SCDOH standards on each lot. 2017 results: 1. Nitrate levels exceeded the Suffolk County test well standard of 6 mg/L but were below the Maximum Contaminant Level (MCL) on Lots 1, North Brown; Lot 1 South Brown and South Dyer test wells. 2. Pesticide compounds within drinking water standards were detected on Lot 1, South Brown and South Dyer test wells. 3. Iron exceeded the drinking water standard on South Dyer Main Road test well. 2018 Follow—up Testing Results on South Dyer lots 2 and 4:. 4. Met standards for nitrate levels. 5. Trace levels of pesticide compounds were detected within drinking water standards. Benefits of our oysters removing Nitrogen from surface waters will also mitigate the impact of wastewater going to groundwater (Page 20). Please submit depth to groundwater for each developable area. This information can be found using test well data. Please discuss what technology is available to you to mitigate potential impacts from perchlorate, 1, 4-dioxane and pharmaceuticals and personal care products (PPCPs) . If none can be stated, then please indicate such. 11 Southold Planning Department Staff Report DEIS Test well data including depth to groundwater provided on page 18. Please identify if alternative technology on-site sanitary systems will be proposed for lots to reduce nitrogen loading in groundwater and surface waters. Please consider adding the following technological alternative: 1. Alternative technology for wastewater. New alternative technology for wastewater has the ability to significantly reduce potential adverse impacts to groundwater by reducing the amount of Nitrogen released in the effluent from septic systems. Include a more detailed discussion of alternative wastewater technologies, including a table that shows the expected different average levels of Nitrogen released in the effluent from different alternative technologies. Also include a discussion on the mitigation this alternative technology may provide to the groundwater that eventually reaches the surface waters, including the travel time it takes for the groundwater from the subject site to reach the nearest surface waters. DEIS January 28 2019 U date Wastewater Management Systems The applicant has agreed in an amendment to the DEIS submitted on January 27, 2019 that when the lots are developed, they will utilize the Best Practices and sanitary technologies available at that time instead of conventional systems as first proposed. This will avoid or significantly reduce potential environmental impacts. DEIS 1 January 28 2019 U date Alternative The applicant has agreed in an amendment to the DEIS submitted on January 28, 2019 to relocate one lot from South Dyer to North Dyer or North Brown in area that is not currently farmed —would adjust the remaining 4 South Dyer lots so boundaries would be to the east of the existing farm road. The view from the Route 25 Scenic By-Way, Aesthetic Resources, Historic Resources, and Consistency with Community Character. 12 Southold Planning Department Staff Report • Farmed area and Prime Soils irreversibly converted to residential use. With the amended proposal, —92% of farmland would be preserved. In the Prime Soil Groups 1-4, 88% would be preserved, and in the top group, 89% would be preserved. See attached for details. Maximum Farmland Impact w...............Current Std. 80/60 Crig Amended Subdivision Conservation Proposal Prop. # Farmland 52.8 17.7 35.2 46.8 48.5 Acres %Current 100% 33.5% 66.7% 88.6% 91.9% Acres • The Peconic Bay and Orient Tidal Creek Critical Environmental Areas - Surface Water, Ground Water and Flooding Impact would be reduced by 20% (4 lot impact versus 5 lots). VI: Staff Recommendations 1. Accept the DEIS as adequate, post and distribute accordingly. 2. Set public hearing tonight on DEIS for March 11, 2019. 3. Continue adjourned public hearing on Sketch Plan on March 11, 2019 13 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex { 0 � P.O. Box 1179 54375 State Route 25 � vex Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY � Telephone: 631 765-1938 www.southoldtow-nny.gov OMM PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 12, 2019 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: SEAR DEIS Adequacy Determination - Proposed Tuthill Conservation Subdivision Located at 21505 Route 25 SCTM#1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Zoning District: R-80 and R-200 Dear Mr. Tuthill: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, February 11, 2019: WHEREAS, on March 23, 2016 the Southold Town Planning Board, as Lead Agency, found that the Draft Environmental Impact Statement (DEIS) for the Tuthill Conservation Subdivision dated February 11, 2016 inadequate for public review; and WHEREAS, on, September 14, 2018 the applicant submitted a revised DEIS which has been reviewed; and WHEREAS on January 28, 2019 the applicant submitted a one page amendment to the original DEIS submission which has also been reviewed; therefore be it RESOLVED, that the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, hereby finds the Draft Environmental Impact Statement (DEIS) for the Tuthill Conservation Subdivision, dated as received September 14, 2018 as amended, complete for public review and comment; and be it further RESOLVED, that the Southold Town Planning Board hereby authorizes the Planning Board Chairman to submit the Notice of Completion pursuant to Part 617 of the Tuthill Conservation Page 2 February 12 , 2019 Subdivision implementing regulations pertaining to Article 8 of the Environmental Conservation Law and, upon filing, the public comment period will begin; and be if further RESOLVED, that the Planning Board sets Monday, March-1 1 2819 at 8:82_ .m. for a Public Hearing on the Draft Environmental Impact Statement (DEIS) for the Tuthill Conservation Subdivision. Please refer to the enclosed co of Cha ter 5 Notice of Public Hearin.g, its regard to the Town's notification rocedure. The notification fora is enclosed for our use. The sign and the post will need to be picked up at the Plannin Board Office Southold Town .Annex. Please return the enclosed Affidavit of Postin along,with the certified mailing receipts AND the signed green return re+ ei t cards before 12:O1O noon on Fr�ida i March 8 2019. The sign and the post need to be returned to the Plannin Board Office after the ublic hearing is closed. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. 11censki Chairman Encl. cc: Scott Russell, Southold Town Supervisor Southold Town Clerk for Southold Town Board Southold Town Zoning Board of Appeals Southold Town Building Department Southold Town Engineer Southold Town Police Department Southold Town Local Waterfront Revitalization Program Coordinator Southold Town Architectural Review Committee Southold Town Highway Department Orient Fire District Suffolk County Department of Health Services Suffolk County Water Authority Suffolk County Planning Commission Suffolk County Legislator NYS DEC - Stony Brook NYS DEC - Commissioner NYS Department of Transportation NYS Department of State NYS Natural Heritage Program Environmental Notice Bulletin File Ter , Mark From: dec.sm.ENB <ENB@dec.ny.gov> Sent: Tuesday, February 12, 2019 10:16 AM To: Terry, Mark Subject: Automatic reply:Tuthill Conservation Subdivision The ENB has received your e-mail. 1 Ter , Mark From: Terry, Mark Sent: Tuesday, February 12, 2019 11:10 AM To: enb@dec.ny.gov Cc: Michaelis,Jessica Subject: Tuthill Conservation Subdivision Attachments: HIS enb form.pdf Please find the corrected ENB form for the Tuthill Conservation Subdivision. Please contact me with any questions. Mark Terry,AICP,APA Assistant Town Planning Director LWRP Coordinator Town of Southold 54375 State Route 25 P.O. Box 1179 Southold, New York, 11971 (631)765-1938 1 . , The ENB SEQRA Notice Publication Form Please check all that apply l Reset Form Deadline:Notices must be received by 6 p.m.Wednesday to appear in the following Wednesday's ENB Negative Declaration-Type I ✓ Draft EIS ✓ with Public Hearing Conditioned Negative Declaration Generic Supplemental Draft Negative Declaration Final EIS Positive Declaration Generic with Public Scoping Session Supplemental DEC Region# County: w Lead Agency: Southold Planning Board 1 Suffolk Town ...........................................................__ Project Title: Tuthill Conservation Subdivision Brief Project Description: The action involves . . . This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#'s 1000-17-4-16, 1000-17-6-14.2. 1000-18-3-30.3 and 1000-18-6-17.3(total area=112 acres)into 17 residential lots,with 94 acres to be preserved.This project proposes the transfer of yield pursuant to§240-42 G of the Southold Town Code. SCTM#1000-17-4-16(North Dyer)equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7-0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 5.7 acres of unbuildable lands. SCTM#1000-17-6-14.2(South Dyer)equals 35.3 acres proposed to be subdivided into 5 lots and includes a reserve area for agricultural related use where the lots and reserve area range in size from 0.5-0.9 acres;property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 14.6 acres of unbuildable lands. SCTM#1000-18-3-30.3(North Brown)equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7-0.8 acres.This property includes a 1.3 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM#1000-18-6-17.3(South Brown)equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres.This property includes 25.5 acres of open space inclusive of 0.62 acre of unbuildable lands. Project Location(include street address/municipality): This property is located at 21505 Route 25,Orient,New York Contact Person: Donald Wilcenski,Chairman Address: 54375 State Route 25 City: Southold State: NY Zip: 11979 . 37......,, .... ....,.�. Phone: 631-765-1938 Fax: 631-765-3136 E-mail: see Town website For Draft Negative Declaration/Draft EIS: Public Comment Period ends: 3 / 21 / 2019 ................ / : For Public Hearing or Scoptng Session: Date: 3 11 2019 Time: 6 02 am/pm/ Location: Town of Southold Meeting Hall,Main Road,Southold,New York A hard copy of the DEIS/FEIS is available at the following locations: Southold Town Planning Department The online version of the DEIS/FEIS is available at the following publically accessible web site: http://www.southoldtownny.gov/270/Environmental-Impact-Statements For Conditioned Negative Declaration: In summary, conditions include: From: Terry, Mark Sent: Monday, January 28, 2019 8:05 AM To: Michaelis, Jessica Cc: Lanza, Heather Subject: FW:Amendment to our September, 2018 Updated DEIS Submission Attachments: 2019-1-25 Further Mitigation To Reduce the Environmental Impact of Our Project.docx; 2019 1-25 Impact on Farm Land.xlsx Please file and update documents, ... � RECEIVE D Carol Tuthill [ma i Ito.cbtuthiflfl2'& Sent From: January 27, 2019 1 4I7 PM To: Corr] I �° To: Terry, Mark; Lanza Heather Cc: Lyle Tuthill; Jason Tuthill ; Ruth Tuthill; John Tuthill Planning iown , 0oard Subject: Amendment to our September, 2018 Updated DEIS Submission Mark, Heather, Attached is an amendment to our September 10, 2018 updated DEIS submission. It reflects our agreement to implement the two alternatives outlined at the end of the DEIS as further mitigation to reduce the environmental impact of our project. We would appreciate it if this amendment could be included to determine if our updated DEIS is adequate for Public Review. If you need further information or a different format for this amendment, please let me know. Thank you for your help with this matter. Carol i Comparison of Farmland Impact With Different Subdivision Types and Lot Placement Scenarios ND SD NB SB Total Before Development Buildable Area in Acres 15.4 19.4 26.7 26.3 87.8 Development Area Standard Sub, 6.2 7.8 10.7 10.5 35.1 Develop. Area 80/60 Conservation Sub. 3.1 3.9 5.3 5.3 17.6 #Acres Currently in Farming 0 19.7 12.0 21.1 52.8 Max Farmland Impact w/Std. #Acres in Farming 0 11.9 1.3 10.6 17.7 Difference vs Current-Acres 0 -7.8 -10.7 -10.5 -35.1 Difference vs Current-% 0 -39.5% -88.9% -49.8% -66.5% Max Farmland Impact with 80/60 #Acres in Farming 0 15.8 6.7 15.8 35.2 Difference vs Current-Acres 0 -3.9 -5.3 -5.3 -17.6 Difference vs Current-% 0 -19.7% -44.5% -24.9% -33.3% Proposed w/Mitigation Already Taken #Acres in Farming 0 14.9 11.7 20.2 46.8 Difference vs Current-Acres 0 -4.8 -0.3 -0.9 -6.0 Difference vs Current-% 0 -24.4% -2.5% -4.3% -11.4% Amended Proposal w/4 Lots on SD* #Acres in Farming 0.0 16.6 11.7 20.2 48.5 Difference vs Current-Acres 0.0 -3.1 -0.3 -0.9 -4.3 Difference vs Current-% 0.0 -15.9% -2.5% -4.3% -8.2% * 5th SD Lot would be moved to NB or ND in area not currently farmed. Prime Soil Impact -- Acres Soil Groups 1-4 ND SD NB SB Total Current 7.3 18.5 17.3 26.2 69.4 Original Proposal 4.6 13.4 16.3 25.0 59.4 Original as%Current 63% 73% 94% 95% 86% Amended Proposal 4.6 15.1 16.3 25.0 61.0 Amended as%of Current 63% 82% 94% 95% 88% Soil Group 1 Current 0 9.6 7.7 22.7 40.0 Original Proposal 0 4.5 7.2 22.3 34.0 Original as%Current 0% 47% 94% 98% 85% 2019 1-25 Impact on Farm Land Created 1/27/2019 Amended Proposal 0 6.2 7.2 22.3 35.7 Amended as%of Current 0% 65% 94% 98% 89% 2019 1-25 Impact on Farm Land Created 1/27/2019 Further Mitigation To Reduce the Environmental Impact of Our Project As an Amendment to our Draft Environmental Impact Statement submitted September 10, 2018, we are proposing that two items outlined in the Alternatives Section would be implemented as additional mitigation for our proposed project: Alternative#1- Move one lot from South Dyer to North Dyer or North Brown, in area not currently farmed—We would adjust the remaining 4 SD lots so boundaries would be east of the existing farm road. See attached SD 4-lot layout. Mitigation on Environmental Impact - Fewer houses in the far eastern border of South Dyer, which is contiguous with the Orient Historic District, would lessen the potential impact on: • The view from the Route 25 Scenic By-Way,Aesthetic Resources, Historic Resources, and Consistency with Community Character. • Farmed area and Prime Soils irreversibly converted to residential use.-With the amended proposal, —92%of farmland would be preserved. In the Prime Soil Groups 1-4, 88%would be preserved, and in the top group, 89% would be preserved. See attached for details. Maximum Farmland Impact Current Std. Subdivision 80/60 Conservation Orig. Proposal Amended Prop. # Farmland Acres 52.8 17.7 35.2 46.8 48.5 Current Acres 100% 33.5% 66.7% 88.6% 91.9% • The Peconic Bay and Orient Tidal Creek(Critical Environmental Areas) -Surface Water, Ground Water and Flooding Impact would be reduced by 20% (4 lot impact versus 5 lots). Alternative#2 -Wastewater Management Systems When we are ready to develop a specific lot, we will utilize the Best Practices and Technologies available at that time, that are proven effective in comparable situations, and that are not cost prohibitive. This will avoid or significantly reduce potential environmental impacts. At this time, standard septic systems are still permitted by the Suffolk County Department of Health Services (SCDHS) Sanitary Code. However, SCDHS is encouraging the use of approved alternative onsite wastewater treatments systems (I/A OWTS). Testing of potential I/A OWTS technologies in year-round residences began in 2014. Several systems have now been approved, after they maintained an average of 19 mg/I Total Nitrogen (TN) or better for 75% of all systems tested for a minimum of 6 months. There is some likelihood that I/A OWTS technologies will replace standard septic systems in the SCDHS Sanitary Code in the future. Given the SCDHS desire to reduce all Nitrogen discharge to no more than 19 mg/I TN, we would use the approved technologies that meet this standard or the standards in place at the time we want to develop a lot on our properties. Submission Without a Cover Letter Sender: Subject: �l l SCTM#: 1000 Date: q � 14 [ LT Comments: Town of Southold September 10, 2018 Planning Board (Via Mr.Mark Terry) df P.O. Box 1179 Southold, NY 11971 Re: Updated Draft Environmental Impact Statement- Proposed Conservation Subdivision for Tuthill Oysterponds Holding Company Dear Planning Board Members, Today we are submitting an updated Draft Environmental Impact Statement (DEIS) for the Proposed 80/60 Conservation Subdivision Open Development Area for the Tuthill Oysterponds Holding Company.Our initial February 11, 2016 DEIS submission was considered inadequate for public review due to omissions/deficiencies in the sections on Surface Water, Groundwater and Alternatives. To obtain the needed information,it necessitated submitting Applications to the Suffolk County Department of Health Services so that we could get data on the water quality and availability on each of our parcels via Test Wells,and get an evaluation of the suitability of each parcel to use conventional septic systems via soil excavations and Test Holes. Despite on-going effort and follow-up on our part,it has taken two years to obtain data to address all the areas of inadequacy. Our objective at this point is to get Sketch Plat agreement so that we can assess if we have a workable plan to pursue. It is our understanding that Sketch Plat approval is needed to initiate the Preservation Committee process to make an offer to purchase our Development Rights. As mentioned in our covernote for the initial DEIS submission,we've learned we need to establish specific lots in order to pass them down to individuals in our families.Since the ODA does not finalize lot locations,we will need to complete the work on a full 80/60 Conservation Subdivision basis. It is our intent to proceed on this basis,so we are requesting Planning Board guidance on how to reflect this in our application process. Sincerely, Carol Tuthill, Managing Director Tuthill Oysterponds Holdii � S�bf r Via E-mail and U.S. Mail November 14, 2018 Ms. Heather Lanza Mr. Mark Terry P.O. Box 1179 Southold, NY 11971 Re: Proposed Conservation Subdivision for Tuthill Oysterponds Holding Company-- Time needed to review September 10, 2018 Updated DEIS Submission SCTM#1000-17-4-16 Zoning Districts: R-80 & R-200 Dear Ms. Lanza and Mr. Mark Terry, This confirms the outcome of our phone conversation today regarding the September 10, 2018 updated DEIS we submitted for our project. This update addressed the April 5, 2016 letter from the Town which defined the areas of omission/deficiency found in our initial February 11, 2016 DEIS submission. These deficiencies resulted in a Resolution that declared our submission to be inadequate for public review. Today, we confirmed our intention to pursue 80/60 Conservation Subdivisions for our 4 combined parcels, versus the original July 3, 2014 Subdivision Application, which was based on an 80/60 Conservation Subdivision Open Development Area. This intention was referenced in the cover letters of both our initial DEIS submission and the recent update. The reason we want to pursue final approval for the subdivision versus the ODA approach, is to allow us to have deeded lots. We also agreed today to allow additional time for the Town to review our updated DEIS. This would likely mean having Town input by early January. If more time is needed please let us know. Sincerely, Carol Tuthill Managing Director Tuthill Oysterponds Holding Company Cc Managing Directors Tuthill Oysterponds Holding Company: Ruth, Reginald and Lyle Tuthill MAILING ADDRESS: PLANNING BOARD MEMBERS (� ' � a� " a P.O.Box 1179 Southold, NY 11971 DONALD J.WILCENSKI ',rr Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY "Q; ��,� 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ��� k,"�� Southold,NY Telephone: 631 765-193 S www.s outholdtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD Via E-mail & U.S. Mail July 27, 2016 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, New York 11957 Re: Proposed Conservation Subdivision for Tuthill Oysterponds Holding Company SCTM#s1000-17-4-16, 17-6-14.2, 18-3-30.3 18-6-17.3 Zoning Districts: R-80 & R-200 Dear Mr. Tuthill: The Planning Board has received,your letter, dated July 21, 2016, requesting limited clearing of the North/South Dyer and North/South Brown to obtain water and soil samples required by the Suffolk County Health Services Department. The Board has agreed to allow limited clearing of these parcels with the requirement that significant trees with a diameter breast height (DBH) of 18 inches or more be avoided to the greatest extent practical. The clearing must be limited to the smallest path necessary to access and create the test well and soil sample areas. If you have any questions, please do not hesitate to contact this office. Very truly yours, aN �(a La� Alyxandra Sabatino Planner cc: Melissa Spiro, Land Preservation Coordinator Lyle & Carol Tuthill ra� le- 7/21fL.16 Tuthill Conservation Subdivision Proposal Status-Lyle Tuthill Tuthill Conservation Subdivision Proposal Status 1 Carol Tuthill li. iii:`r Thu 7/21/2016 2:S3 PM Sotlllldld�Towrl PlanOa,g Board To:Mark Terry<mark.terry@town.southold.ny.us>; Cc:Ruth Tuthill <regandruth@northfork.net>; Lyle Tuthill <Ibtuthill@hotmail.com>;Heather Lanza <heather.Ianza@town.southold.ny.us>; Sabatino,Alyxandra K. <alyxandra.sabatino@town.southold.ny.us>;John Condon <condoneng@optonline.net>; bruce@suffolkenvironmental.com <bruce@suffolkenvironmental.com>; 1 attachment(11S KB) 2016-7-21 Clearing Request re test wells, septic soil samples.docx; Mark, We wanted to touch base with you on two things relative to our Conservation Subdivision proposal:. 1)what we've done to date to address completing our Draft Environmental Impact Statement based on the April 5,2016 Planning Board Resolution 2)the attached request to the Planning Board to allow us to do limited clearing and excavation on our properties to install test wells and collect soil samples for the Suffolk County Health Services Department's assessment of potable water availability and suitability of our soil for septic systems Prgress on Obtaining Needed Data )n 1/21/16 we submitted Suffolk County Subdivision Applications on each of our 4 parcels.This was the required starting point to obtain the data needed to address the potable water and waste water sections of the DEIS that were incomplete. i February,the Suffolk County Health Services Department(SCHSD)informed us that we needed to revise the South Dyer(SD)Sketch Plan map to meet their specifications. Our Surveyor made the revisions and we submitted the revised drawing May 31. n April the SCHSD provided us with the additional approvals and requirements needed to complete the County Subdivision Applications for North Dyer(ND), North Brown (NB)and South Brown(SB);SD is still pending.We are currently working to address all these areas.As an aside, the County system counts all open spaces as lots and any separation of lots or open space, i.e.by a right of way, is a separate lot.On this basis we have 19 house lots for the 3 parcels that have been reviewed: ND(10), NB(7),SB(2);SD is still pending.The$220/lot Application Filing fee is assessed on this basis. o _(&ruf_wI �wMllr r��rr'? We are in the process of obtaining the Suffolk County approval of our Subdivision,which will provide us with the information needed to complete the DEIS. o Q xt�U t I t dr1_(2-0_ler ea dF,- In late April,we met with one of the NYSDEC supervisors to confirm what we needed to obtain the required DEC permits/approvals.We have hired Bruce Anderson, Suffolk Environmental to obtain the permits and other needed documentation. o Test well results(water potability)-Our attached request for limited clearing and excavation will allow us to install the wells: NB, ND, SD:2 wells each;South Brown (SB):1 well. o Soil test results for septic suitability-Our attached request for limited clearing and excavation will allow us to obtain the needed soil samples: NB, ND,SD:2 excavation samples each; SB:1 soil bore https://outlook.)ive.com/owat?vi ewm odel=ReadM ossagel tem&Item ID=AQM kADAwATEOOTkAM C01 YzA5LTN i NTEtM DAC LTAwC gBGAAADC i U M U EGm 3U... 1/2 712.112.014 6 1 uhH Covers ervabon Subdivision P:rcyxBaI Stdtus Lyle I uthfll o New ozircel ma-..):s x-Dared b, a licer that reflect the locations for each Lest:well and soil test, and the gyocaflori of each weH arid septic cyst ernfor, any pot wft.Hn 1SO' of our propeirtiles. Very few of the adJacent properties' weHs and septic syst(::�ms airs recorded in the public records, so we have Wed Bruce Anderson to Ilocate therri for us.. As soon as this effort is complete, we wiH provide the infortTiation to our Surveyor so the new maps can be created. We remain very interested and cornrniUed to finalise our Proposed Conservation Subdivision and we are putting considerable effort against cornpleting the work. It is very difficult, however, to provide you with an estimate of the time it will take to cornlAete the work needed to resubmit our-DEIS.Our Environmental Engineer has worked through the SCHSID to do the test wells and soil test clearances on a few other subdivisions and it has taken about 9 months to get the final reSUILS.It's been very difficult for us to find well diggers and excavators with the needed equipment that:are willing to do ourj(:)b..We have finally identified one company that says they may do the work, and they are doing a site visit today to deLerrnine if fliey are willing to take on our project. The lack of public records on information needed to address the requirements of the approving agencies/groups also makes it Mficult to estimate firne. INet, in our situation it will likely take much longer than 9 months, We will continue to provide you with periodic updates and are happy to provide you wial more details or answer any questions you may have at this firne or in the future, Carol ( ML, hftps://outlook.live.com/owa/?vi ewm odel=ReadM essageltem Mtem ID=AQM kADAwATEOOTkAM COlYzA5LTN I NTEtM DAC LTAwCgBGAAAD C i U M U EGm3U... 2/2 Via E-mail and U.S. Mail Mr. Mark Terry July 21, 2016 P.O. Box 1179 Southold,NY 11971 Re: Suffolk County Health Services Test Wells and Soil Samples for Potential Septic Systems Proposed Conservation Subdivision for Tuthill Oysterponds Holding Company Dear Mr. Terry: This requests Planning Board agreement to allow limited land clearing and excavation to obtain the water and soil samples required by the Suffolk County Health Services Department (SCHSD) for the proposed Tuthill Oysterponds Holding Company Conservation Subdivision. These samples will be used to assess the availability of potable water and soil suitability for septic systems. Obtaining these samples will require us to use large equipment to install test wells and excavate/bore to acquire the needed soil samples from our proposed lots. Specifically, we need to clear paths on North Dyer(ND) and North Brown(NB) to allow access to the defined test well and soil sample areas. The test well/soil sample areas on South Dyer (SD) and South Brown(SB) are already cleared, but test-well installation, and/soil excavation will result in some temporary minor disruption to the farming on these parcels. The SCHSD assessment of our water quality and septic system will allow us to complete the Draft Environmental Impact Statement (DEIS) we submitted 2/8/16. The Planning Board declared our submission to be inadequate for public review on April 5, 2016. The areas of inadequacy were related to availability of potable water, impact of water usage on the aquifer and on adjacent properties, and the impact of potential new sanitary systems. The SCHSD review will address all these areas. With Planning Board agreement we will move ahead to get the necessary clearing completed and then confirm with the well digger and excavator when we are ready for them to start their work. Sincerely, Carol Tuthill - Managing Director Tuthill Oysterponds Holding Company cc: Managing Directors Tuthill Oysterponds Holding Co. Reginald, Ruth, and Lyle Tuthill Southold Town Planning: Heather Lanza, Aly Sabatino John Condon, PE - Condon Engineering; Bruce Anderson, Suffolk Environmental k 1 2 5 201E Planruing Board OFFICE LOCATION: �IZA MAILING ADDRESS: flfi( 0,1 Town Hall Annex � �� " �+ '" P.O.Box 1179 54375 State Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 23, 2016 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, New York 11957 Re: Positive Declaration for the Proposed Conservation Subdivision for the Tuthill Oysterponds Holding Company SCTM#1000-17-4-16, 17-6-14.2, 18-3-30.3 and 18-6-17.3 Dear Mr.Tuthill: The Southold Town Planning Board, as Lead Agency, has found that Draft Environmental Impact Statement submitted on February 11, 2016 to be INADEQUATE for public review due to the following omissions/deficiencies. The questions from the positive declaration are italicized. I'm act ora Surface Water. a. The proposed action may affect the water quality of any water bodies within or downstream of the site of the proposed action. i. The impacts of the new sanitary systems proposed on the South Dyer and South Brown properties on surface waters should be discussed. The USGS in cooperation with Suffolk County Department of Health Services and Peconic Estuary Program operates a water quality monitoring station. Water quality, and levels of Nitrate in particular, is monitored by a water quality monitoring station in Orient Harbor.A sample of this is shown above, and a link to the data is provided for your convenience. The station is located at the Orient Wharf and measures: WATER TEMPERATURE: August 2012 to current year. SALINITY: August 2012 to current year. DISSOLVED OXYGEN: August 2012 to current year. pH: August 2012 to current year. TURBIDITY:August 2012 to current year. NITRATE: August 2012 to current year httP`A/waterdata uses. ovAn n is-�av ?site no=01304200 LOCATION.--Lat 41°08'11.9", long 72°18'24.3" referenced to North American Datum of 1983, Suffolk County, NY, Hydrologic Unit 02030202, at Orient Wharf, in Orient. PERIOD OF RECORD.--August 2012 to current year. GAGE.--Water-stage recorder. Datum of gage is NGVD of 1929. REMARKS.--Satellite elevation telemeter at station. EXTREMES OUTSIDE PERIOD OF RECORD.--Storm tide of Dec. 11, 1992, reached an elevation of 4.8 ft, from high-water mark at site 0.6 mi northwest. INSTRUMENTATIONI.--Water-quality monitor provides 6-minute- interval readings collected from 1.6 ft above bottom. Nitrate analyzer provides 30-minute-interval readings collected from 1.6 ft above bottom. Salinity record computed from specific-conductance readings. Please provide current readings for Nitrate in the document. ii. The potential impacts of the new sanitary systems to Long Island Sound and Munn Pond should be discussed for the North Dyer and North Brown properties. Please provide a discussion of potential impacts(if any) of the new sanitary systems to Long Island Sound and Munn Pond for the North Dyer and North Brown properties. Nro�°iu act om Groundwater b. The proposed action will require new water supply wells.. i. The action must be assessed to water availability of potable water source and the impacts on existing and future development on groundwater supply. The DEIS does not assess water availability of potable water sources and the impacts on existing and future development on groundwater supply. Please include a discussion that assesses the availability of potable water and potential impacts on water supply. ii. Discussions must include the impact to adjacent parcels(including zone of influences). The DEIS does not assess the impact to adjacent parcels (including zone of influences). Please include a discussion on the potential impacts to adjacent properties, including zone of influences to existing, private wells. 2 iii. The threat of salt water intrusion on private wells. The DEIS does not assess the impact from potential salt water intrusion on private wells Please provide a discussion on the threat of saltwater intrusion on existing and proposed private wells. C. Water supply demand from the proposed action may exceed safe and sustainable withdrawal capacity rate of the local supply or aquifer. i. The action must be assessed to determine impact on water supply demand of potable groundwater sources for each parcel location. Please provide calculations of the expected amount of water(in gallons per day) used for each residential structure, including areas proposed to be irrigated. See response to item e. below. ii. The sustainability of the aquifer and impacts to adjacent parcels and area should also be discussed. The DEIS does not assess the potential impacts to adjacent parcels that are served by private wells. New private wells can adversely affect existing private wells water supply. The DEIS needs additional information to adequately assess the potential impacts. Please provide details about the aquifer(confined, sole source, geology replenishment source, freshwater depth etc...). See htt��f ds .ace.sun cortnect.son .edu bitstre,arn f�andle 1951 �7945 schulaert» df•`s essionid=99E" F72836'S4f 64S Og6 E Q3C55. urt 10 ? e uen e- htt n .wat*r.0 s. ovpubs wriLwriO24284/wrirO2-428i'l.textgnly.pdf Please provide the number of private wells currently in within 150' of each parcel. Please provide a discussion if the new private wells would impact existing private wells. It is recognized that water quality data for private wells (not located on your property) is not attainable from the Suffolk County Department of Health Services,therefore, the Planning Board acknowledges that data for existing, surrounding private water wells cannot be submitted. d. The proposed action may allow or result in residential uses in areas without water and sewer services. 3 i. Suffolk County Department of Health Services approvals will be required. The Town realizes that the lots will not be created at this time. Assessment of potential impacts (pharmaceuticals and personal care products) to groundwater from new sanitary systems,fertilizers and herbicides must be included. The DEIS does not assess potential impacts from pharmaceuticals and personal care products to groundwater from new sanitary systems that would be approved by the Suffolk County Department of Health Services. See the res ones to item f. below. e. The proposed action will require wastewater discharged to groundwater. The amount of wastewater gallons per day(gpd) that will be discharged to groundwater compliance with Suffolk County Department of Health Services regulations must be provided. The DEIS does not provide the calculated amount of wastewater gallons per day(gpd) that will be discharged to groundwater and compliance with Suffolk County Department of Health Services regulations. For example: Sanitary disposal within the proposed subdivision will be managed by on-site underground sewage leaching systems. In 1978,the Long Island Regional Planning Board published the Long Island Comprehensive Waste Treatment Management Plan (208 Study).The 208 Study identified eight(8) hydrogeologic zones in Nassau and Suffolk Counties.These zones were distinguished based upon differences in underlying groundwater flow patterns and water quality.The subject site is located within SCDHS Groundwater Management Zone IV, which according to Article 6 of the Suffolk County Sanitary Code, has an allowable flow of 600 gallons per day(gpd) per acre in areas served by public water.The sanitary design flow is computed using SCDHS manual Standards for Approval of Plans and Construction for Sewage Disposal Systems for Single Family Residences. http://www,suffotk ountyr')y•gov/Portals/0/Documents%20and%20Forms/Health%20Services/ Wastewater%20Managenient/Standards/Residential%20Standarcis.pdf The manual establishes the design flow as follows for the action: SINGLE FAMILY DWELLING: 300 gpd x X dwellings= 2100 gpd Total parcel size X acres x 600 gpd =X gpd X gpd is less than the allowable flow of X gpd for the parcel. Please provide sanitary flow calculations and indicate if the proposed action will conform to allocated gpd as established in Article VI of the Suffolk County Sanitary Code. f. The proposed action may result in the construction of water supply wells in locations where groundwater is, or is suspected to be, contaminated. Areas of Orient have exhibited groundwater contamination. Recent concerns have been outlined in the Suffolk County Comprehensive Water Resource 4 Management Plan (2015). A discussion on current groundwater quality, contamination and potential impacts that may result from the proposed action is required. The DEIS does not include a discussion on current groundwater quality, contamination and potential impacts that may result from the proposed action. The SUFFOLK COUNTY COMPREHENSIVE WATER RESOURCES MANAGEMENT PLAN ((SCCWMP) 2015) identifies nitrate causing the most widespread concern to the regions groundwater. The SCCWMP correlates lot size and density with higher concentrations of nitrogen. SCDHS simulation results representing nitrate concentrations shows sanitary wastewater via on-site septic systems in areas with uniform %acre zoning exceed the drinking water standard of 10 mg/L in the shallow aquifer. Half acre lots are successful in maintaining groundwater nitrate levels at less than 10 mg/L but may exceed target levels of 6mg/L depending on many factors. Nitrate levels resulting from on- site wastewater disposal on 1 acre and 2 acre properties remain less than 4 mg/L in downgradient groundwater(SCDHS). It is recognized that residential density proposed on the parcels is low(1 unit per 6.58 acres) however, recent scientific and technical studies have identified on-site sanitary systems as contributing level of nitrates to surface and groundwater at levels that have resulted in impacts. Recently scientists (Dr.Christopher Gobler et. al.) and agencies have identified direct and indirect excess nitrogen loading in Long Island waters as the cause to water body impairments including outbreaks of brown tides, rust tides,toxic cyanobacterial blooms, hypoxia, and acidification. New links were also made between excessive nitrogen loading,the loss of salt marshes, and coastal flooding. In a recent published report Investigation of Fish Kills Occurring in the Peconic River-Riverhead, NY Spring 2015 (SCDOH)fish kills in the recent years were linked to many factors;including excess nitrogen. The report states that although nitrogen has not been identified as a direct cause of low dissolved oxygen, anthropogenic nitrogen loading frorn point and non-point sources, including septic systems, residential and agricultural fertilizers, sewage treatment plant effluents and atmospheric deposition, stimulates the algal production that subsequently acts to diminish oxygen levels. The findings also indicate that a spike in nitrate was noted prior the late May and mid-June fish kills. Due to the proximity of the parcel to private wells, surface waters (Orient Harbor and Long Island Sound) and groundwater it is expected that the action would contribute nitrate to groundwater and surface waters over existing conditions. It is recognized that there is scientific evidence on the value of the Eastern oyster(Crossostrea virginica) and the ability of populations to improve water quality through nutrient removal; however,there is a concern about the permanence of the oyster farm. If the oyster farm ceases operation, then the beneficial water quality improvements would also cease. 5 The SCDOH is currently conducting a study on the feasibility and treatment of alternative small on-site sanitary systems( under 1,000 gpd) with a 50%nitrogen removal criterion. The results are expected to be released in 2016 and the systems are expected to be available in 2017. Even though the systems are not available currently, could you clarify if you are committing to an alternative on-site sanitary system in the future if and when the lots will be developed? Additional contaminants of concern found in groundwater include; perchlorate, 1,4-dioxane and pharmaceuticals and personal care products(PPCPs).Contamination by volatile organic compounds(VOCs) and pesticides also have been identified as a serious threat to groundwater. The SCCWMP identifies volatile organics(solvents and degreasers such as tetrachloroethylene, trichloroethylene and trichloroethane) and hydrocarbons associated with fuel (benzene,toluene and xylene) as the most commonly detected VOCs. VOCs are also present in products such as paint, cleaning agents, deodorants, adhesives, and polishing products that were commonly used by industries, commercial establishments, and homeowners without disposal restrictions until the mid-1970s, when VOCs began to be detected in groundwater.VOCs can be both mobile and persistent in the natural environment and many are known carcinogens (SCDHS). The water quality under each parcel is currently unknown. Please submit water quality data for test wells where development is proposed. Data could be submitted in table format. Please submit depth to groundwater for each developable area. This information can be found using test well data. Please discuss what technology is available to you to mitigate potential impacts from perchlorate, 1,4-dioxane, pharmaceuticals, personal care products and volatile organic compounds(if present) . If none can be stated,then please indicate such. Please identify if alternative technology on-site sanitary systems will be proposed for lots to reduce nitrogen loading in groundwater and surface waters. Excessive biochemical oxygen demand (BOD) from sediments washed into waterbodies from stormwater has also been identified as a contributing factor to fish kills. The decomposition of the sediment creates an oxygen demand by aerobic bacteria. Past studies have also linked hypoxic(low available oxygen) in waterbodies to increased organic matter contained in stormwater runoff. The DEIS indicates that all applicable regulations will be met upon development of each lot. Currently stormwater is controlled through Chapter 236 Stormwater Management of the Southold Town Code. Please elaborate on the compliance with Chapter 236 and what type of best management practices would be expected to be utilized. For example,the installation of silt screens and haybales used to control storm water runoff during construction and the installation of pervious driveways and drywells. 6 Alternatives1page 27 Please consider adding the following technological alternative: 1. Alternative technology for wastewater. New alternative technology for wastewater has the ability to significantly reduce potential adverse impacts to groundwater by reducing the amount of Nitrogen released in the effluent from septic systems. Include a more detailed discussion of alternative wastewater technologies, including a table that shows the expected different average levels of Nitrogen released in the effluent from different alternative technologies. Also include a discussion on the mitigation this alternative technology may provide to the groundwater that eventually reaches the surface waters, including the travel time it takes for the groundwater from the subject site to reach the nearest surface waters. Please make the revisions listed above, and submit the amended documents. If you have any questions regarding the information above, please contact the Planning Board Office. Very truly yours, Donald J.Wilcenski Chairman Encl. cc: William Duffy, Esq.,Town Attorney 7 MAILING ADDRESS: PLANNING BOARD MEMBERS �1� "N � � � � P.O. Box 1179 DONALD J.WILCENSKI �5`� � Southold, NY 11971 Chair OFFICE LOCATION: WILLL4M J.CREMERS �` �� Town Hall Annex PIERCE RAFFERTY U' �� 54375 State Route 25 JAMES H.RICH III ' k �, (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 25, 2015 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, New York 11957 Re: Requested Guidance on the Preparation of the Draft Environmental Impact Statement for the Proposed Conservation Subdivision for Tuthill Oysterponds Holding Company SCTM#1000-17-4-16 SCTM#1000-17-6-14.2 SCTM#1000-18-3-30.3 SCTM#1000-18-6-17.3 Zoning Districts: R-80& R-200 Dear Mr.Tuthill: As requested the Planning Board offers the following guidance in the preparation of the Draft Environmental Impact Statement for the Proposed Conservation Subdivision for Tuthill Oysterponds Holding Company. The SEAR Handbook discusses how mitigation related to impacts be should identified in the document. "A discussion of feasible mitigation measures which could address specific identified impacts is a fundamental component of every EIS. Mitigation may include measures offered voluntarily by the project sponsor. It is important that any mitigation offers should be practical preventative, remedial, or compensatory procedures that the sponsor can actually accomplish." A. Mitigation Proposed The Positive Declaration recognizes that the action is an 80/60 Conservation Subdivision. It is important that the document lists the mitigation that has already been proposed by you (the applicant). B. Alternatives In regard to whether an alternative design should be included in the DEIS. An analysis of alternative project designs would enable the Southold Planning Board to determine if there are reasonable,feasible alternatives which would allow some or all of the adverse impacts to be avoided. Therefore,the Department recommends that at least one alternative is proposed and assessed in the document (in addition to the no-action alternative). One such alternative that was discussed in the concept planning phase was the transfer of lots from certain parcels to other parcels where potential impacts to the environment/scenic/agricultural attributes could be less. The alternative discussion must include all four parcels (North Dyer,South Dyer, North Brown &South Brown) in the assessment and not focus on one parcel. C. Involved Agency Comments A concern was also raised about how to address the comments and requirements made by involved agencies to date. SEQR guidance requires that the potential moderate to large impacts be addressed in the DEIS.To that end, a good starting point is to focus your efforts on the positive declaration and the issues identified in that document. The comments from involved agencies can be discussed in the narrative where appropriate, however not all comments are relevant for detailed discussion in the DEIS. Comments relating to Town Code requirements that could affect the design of the Conservation Subdivision should be included (e.g. highway specifications). If alternative highway specifications are proposed that could further mitigate the potential impacts and a process is outlined in the code to achieve such an alternative,then it should be discussed. Additional comments will be addressed during the process. The involved agencies will send the same, similar or new comments on the DEIS to the Planning Board as Lead Agency for consideration. The comments are compiled and addressed in the Final Impact Statement(FEIS). If most of the potential moderate or large impacts have been addressed through the recent work and studies that have been accomplished, then you have the right to submit the documentation in DEIS format to this department for review. The Lead Agency will then determine whether the DEIS is adequate. Lastly,there is a correction on the Full Environmental Assessment Form Part 2-Identification of Potential Project Impacts form page 10 of 10. Question 17. Consistency with Community Plans; item a: "The proposed action's land use components may be different from, or in sharp contrast to, current surrounding land use pattern(s)."should be marked "No, or small impact may occur". The assessment takes into account the 80/60 Conservation Subdivision. A replacement page is included for your records. If you have any questions, please do not hesitate to contact this office, Very truly yours, a- Mar der ,ob P �cipal Planner „ Enc. cc: William Duffy,Town Attorney Melissa Spiro, Land Preservation Coordinator 17. Con.-. sistency with Community Plans The proposed action is not consistent with adopted land use plans. [JNO ZYES (See Part 1. C.1, C.2. and C.3.) If"Yes", answer questions a-h. If"No", go to Section 18. Relevant No,or Moderate Part I small to large Question(s) impact impact may mh �- ay occur occur proposed action's land use components a.The d __._..._. .. _.. . _..........-� ..- ._ ..._� p p .. may be different from,or in sharp C2,C3,Dla 0 contrast to,current surrounding land use pattern(s). Ela,Elb b.The proposed action will cause the permanent population of the city,town or village C2 in which the protect is located to grow by more than 5%. c.The proposed action is inconsistent_ .. ..._.�__�..��..�w.�..ww .� .... _ ......�..._ ._ ww.. .....-_.. st with local land use plans or zoning regulations. C2,C2,C3 ® ❑ _........ . ............. --- - .. .--- .........................�...��......... ... .. .,. d.The proposed action is inconsistent with any County plans,or other regional land use C2,C2 ® ❑ plans. e.The proposed action may � — __..... ......_ ®..�_____ ❑ y cause a change in the density of development that is not C3,Die, supported by existing infrastructure or is distant from existing infrastructure. Did,Dlf, _ Did,Elb f.The proposed action is located in an area characterized b low density development C4,D2c, _.._. _..... ...... P p Y Y p D2d ❑ that will require new or expanded public infrastructure. D2j . _.. ..._...... .._. _... . ._. .. ..... �...._ .mm . g.The proposed action may induce secondary development impacts(e.g.,residential or C2a ❑ commercial development not included in the proposed action) h.Other—... - ...... �_—... � � _........ �.....�.......... ... ...... .. ._ -_� 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. F_]NO ©YES (See Part 1. C.2, C.3, D.2, E.3) If"Yes", answer questions a-_g., If"No",proceed to Part 3. _ Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may replace or eliminate existing facilities,structures,or areas E3e,E3f,E3g Wi ❑ of historic importance to the community. _ b.The proposed action may create a demand for additional community services(e.g. C4 ❑I schools,police and fire) ..� .....,- c.The proposed action may displace affordable or low-income housing in an area where C2,C3,D 1 f 0 ❑ there is a shortage of such housing. Dig,Ela .... ._._.. www... _-wWWmu �- ....w_. .... d.The proposed action may interfere with the use or enjoyment of officially recognized C2,E3 ® ❑ or designated public resources. _. . e.The proposed action is inconsistent with the predominant architectural scale and C2,C3 ❑ ❑ character. fmmProposed action is inconsistent with the character of the existing natural landscape.. C2,C3 'l ❑ Ela,Elb E2g,E2h g.Other impacts: ❑ ❑ PRINT FULL FORM Page 10 of 10 MAILING ADDRESS: PLANNING + 0 4� P.O. Box 1179 I7i�NALI3 J.WILCENSKI � ' ��, Southold,NY 11971 Chair � 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 � ' cQu � �:� Southold, NY Telephone: 631 765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 17, 2015 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, New York 11957 Re: Positive Declaration for the Proposed Conservation Subdivision for the Tuthill Oysterponds Holding Company SCTM#1000-17-4-16, 17-6-14.2, 18-3-30.3 and 18-6-17.3 Dear Mr. Tuthill: It has come to our attention that an incomplete date was listed on Page 7 in the Positive Declaration sent to you following the July 6, 2015 Public Meeting. The correction is listed in bold below: P'ro osed action will be visible frorn State Route 25 A New York State Desgnater a wa and Orient Harbor. The property known as youth D er is south of the State y _ y Route 25 a New York State Scenic B wa , The scenic view from the roadw,a ha,s been identified as important by the cornmqn#y and the prop art owners. In 2000 the pro v owners placed a term, scenic easement on the ro ert which redo nized thq scenic iM ortance. The action ro oses to construct five 5. sir le femily residential ornes on the parcel. The potential im�pct frgrrr the situ and scale of the homes could be moderate to large based on lot size. Enclosed please find the corrected Positive Declaration. If you have any questions, please do not hesitate to contact this office.. Very truly yours, Carol Kalin Planning Board Secretary � re. v MAILING ADDRESS: PLANNING BOARD MEMBERS V S0 P.O. Box 1179 V, Southold, NY 11971 DONALD J. WILCENSKI Chair OFFICE LOCATION: WILLIAM J.CREMERSa Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 IPS JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR UNTYG Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review POSITIVE DECLARATION Notice of Intent.to Prepare a Draft EIS Determination of Significance Project Numbers: Date: July 6,2015 SCTM#1000-17-4-16 SCTM#1000-17-6-14.2 SCTM#1000-18-3-30.3 SCTM#1000-18-6-17.3 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Southold Planning Board as lead agency, has determined that the proposed action described below may have a significant impact on the environment and that a Draft Environmental Impact Statement will be prepared. Name of Action: Tuthill Conservation Subdivision SEQR Status: Type 1 Unlisted Scoping: No X Yes_ If yes, indicate how scoping will be conducted: SEQRA Positive Declaration Page 12 Ju„ Iy 6a 2015 Description of Action: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area= 112 acres) into 17 residential lots,with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240-42 G of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 5.7 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots and includes a reserve area for'agricultural related use where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 14.6 acres of unbuildable lands. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3 acre private right- of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acre of unbuildable lands. Location: North Dyer is located on the n/s/o NYS Route 25, approximately 366 feet west of Oysterponds Lane, in Orient. South Dyer is located on the s/s/o NYS Route 25, approximately 460 feet west of Oysterponds Lane, in Orient. North Brown is located on the n/s/o of NYS Route 25, approximately 2,223 east of Platt Road, in Orient. South Brown is located on the s/s/o NYS Route 25, approximately 1,960 feet east of Platt Road, in Orient. Reasons Supporting This Determination: This action is proposed as an 80/60 Conservation Subdivision Open Development Area, a development option that was developed in the Town to meet Town goals. However,the action is located in the hamlet of Orient which is not served by public water or public sewers and the action could result in moderate impacts to the sole source aquifer affecting the local population. Further, moderate impacts could also result to surface waters, agricultural resources, aesthetic resources (scenic view sheds important to the community), archeological resources and community character. The Town of Southold Planning Board is requiring a review of the action to determine the magnitude, importance and probability of occurrence of potential impacts. SEQRA Positive Declaration Page 13 July 6, 2015 Relevant areas of concern include: 1. Impacts on Surface Water a. The proposed action may affect the water quality of any water bodies within or downstream of the site of the proposed action. Recent Andies have linked on site sanitar"s gi to SUrface ��K Lth after waters and cnint a cis conid be nioderate to 1. -4m-u—-- 41 the Peconic Estii atrno,s 0 1 ...... ,pheric do sit �jtj, onndwater is-estitnated as tfic secon(L t, external source of N i lrqg �jj)tafin ) 21 t (,�Lnl of the total Nitro eflL load, �-c _or 7AS(L]L)s,/d,,iy J�)roundwatcr ,and o tI ier non)oi nt sonrces are,t lie contributors to water g!j"dit of -12!"n1AKY.— — --d the Peconiel"'stgary contri to at 0 01 ILI IS-t b Af-1 11 L, LISC, Botli the mlmm.on , Island Sound and Peconic I�,sftlgjy iave eNperienced detriniental chaq '-­­­ L_ _�es froin increased nutrient loads to gl1q,ignd and surface waters., In the ongjs and 'S'Q�r�Ind and more recently in t ic Peconic EsItUary (DO).,,conditions "Jow F)issolygd deyelpp.due to, excessi ve I evel s of"N i troggi (N a .1 La J,--p� is a result froin planktonic alUk�bloq!ns that Feed on the JIL[trients. Th!LAae die and M.cess. le to the bottom of the wqter bp lien Lill Dissolvgd Oxy c in the, _dy j_ The Oxyg���ls trr, jq!��!!,,,below the levels nece scar y-Lo LsjLstain life and often result in fish and shellfish die offs. The impacts of tlie new swiligar systems tp -yeLgnd Shut h Bro wn �Lonthe ,l LitliD 1?.rM -JIM) ptlies ingst be as Lsscd� lit ioj1,Ahq,.jjqt real ina pfltgde -,qctjq-1,,0119 Island Sound and Mutin Pond ShOUld be discussed ror the 'Nortli 'Dver and I" Brown, mm properties. 2. Impact on Groundwater a. The potential moderate to large impacts to existing groundwater quality and/or quantity. p.p-r-_o jp tt_�Ls,ed in anarea without access to blic water and coniniunit (public) sewer. b. The proposed action will require new water supply wells, or create additional demand on supplies from existing water supply wells. "I'lie parcels and, areater Orient are not servedj)y public Ny-a y�� served servt b xrogncl water will be ragjr...e019LL)rQv� The q t)lc water to, filtilre residences. gtj on �must, be assessed to water availability of siotable water source and the inn jqgts on gmjsti ,in(] futn re develo)rnent on L,ro Ll ad wa tei �IW4ily. Di,5 ­,,,jqns.L st. incjtjdg�jhe irnpqct to 5 _ jj�L Lidj;Li o L-t it s finchidin i� zone of inflPences), The direat of salt water,intrusion, sliould, finchidin also be discussed. c. Water supply demand from the proposed action may exceed safe and sustainable withdrawal capacity rate of the local supply or aquifer. SEQRA Positive Declaration Page 14 July 6, 2015 The action must be assessed to determine imactwonwwwater_qu Mjy&mqpA of potable ,roundwalet- sources lor eaC11 Darcel location. "I'lic sustainabili1y, oftlie aaCluwifer and impacts to adjacent parcels and area should also be discussed. d. The proposed action may allow or result in residential uses in areas without water and sewer services. The arecis are located within au, area Nvid-i no p S. SUff"Olk COU V _ublic water or sewer i'LenruLient of Heald) Serviqc,"avroyals will be rqqgjjpj_,Assessrnent iial impacts (pharniace tit ical Lqqd_Verso nal care goducts) to gr.oundwatel.fro in new sanitary systems, fertilizers and herbicides must be included. e. The proposed action will require wastewater discharged to groundwater. I'lle aniount or w5isiteITITwater ',atlons p2p da -,j) ater _th�Lt.will be discliar,ed to..Vj�oundwz con.HnchSuolk CojLly [)q artinent ol"Health Services re lations niust beewff provided. f. The proposed action may result in the construction of water supply wells in locations where groundwater is, or is suspected to be, contaminated. Areas of Orient have exhibi!gd-gropLidwaster oontamination. Recent concerns have been outlined in the Suffolk Count v Coinweliensive Water Resource MAqaLyq nt Plan Q1l discussion on current groundwater qji_qjjjL otgntipj re ult from the pro pqsed aqtion js.Le re fi, llotential jnj.pacts,jg adjacent property owners must also be included. g. The proposed action may involve the commercial application.of pesticides within 100 feet of potable drinking water or irrigation sources. The propo sed lots are.located adiacent to active agricultural lands which are included and R,1amt of tbe subdivision. An assessment of the it-ripg __qf g�iticides wi thi 11 100 feet-of�p_ pL)table drinking water or irrigal[[qttsources for lawn and cro s must be included. 3. Impact to Flooding a. The proposed action may result in, or require, modification of existing drainage patterns. ThU2ro osed action will (,Ii,,�ttirbi-tioi,etii,ai,i rase,-tci-e and create ston'riwater run­()f�fnQj -point shect flq,w during e ristructipLi_g.-jiost construction. Sea level rise and 111gjmpq t on low lying areas plet jqjj arcedl flocated in _p__ the nia 2j( flood zoned�irgi5jj�,�a eqncern. An as, -flon 1-)1,2.L g assessment iqjwactsand_"njtig proposed must be discussed. 4. Impact on Plants and Animals a. The proposed action may result in a reduction or degradation of any habitat used by any rare, threatened or endangered species, as listed by New York State or the Federal Government. SEQRA Positive Declaration Page 15 July 6, 2015 The use of the vrot)erties by protected species is unknown. If flic action is developed. yggetatiort will berenioved otiNot1hDver acid Nortl') l3rqWgj)roji qL inifigqtiop will be achieved ffirouLfl't -eejit of clearing, limits �ori each veyelated i the rg Q U itju P-4,rw New York State NatUral I leritage Pro rant (NY Natural I 1pLjta e�, L_it NaturatLkfitm�02qc�11 � lov or CO A) 402-8944) tnust,be.,contacted to detennitie the .cn(�e iqe )�f totected slags and potentiaLinvqqts Cifai tit g�Ies �L) qLL _Lieh sp r habitat. 5. Impact on Agricultural Resources The potential moderate to large impacts of a substantial change in the use, or intensity of use, of land including prime agricultural soils, Agricultural District and open space or in its capacity to support existing uses. South Dyer,North Brown and South Brown properties are listed within the Agricultural District. a. The proposed action may impact soil classified within Soil Group I through 4 of the NYS Land Classification System. "I'lie NY Demdrtinetit ofAgriculturc tend Marketshas created a I,atid Classificatiopt System based og soils that, are used in the Agricultural Asses.5111ent l!r(y,,ran2 pj!r, in t-W &— Article 25-AA of the Agriculture aiid Markets Law. oil (Jrogpa. ati be identified at 1,19e NYS Ag. and Markets Soil Group Numbers page found at: N�A]I/a,,�;ei-vices/soils/2014/.,�till"I 4 q_ - These soils are ptj LpL M Llaiid soils and soils of statewide trot )prtan_.._ Impacts to these soils include agriculture areas converted to noti-farm ('iii this ce ase, use. b. The proposed action may sever, cross or otherwise limit access to agricultural land (includes cropland, hayfields,pasture, vineyard, orchard, etc). 'The residential develootnent of the land will r uire utilities and roadway�.,that will transverse active, a g viqqLtqral lands, Tlie cjus1erjU,1 _pf lots, ijLit . that resideptiaLcieyelop i t agricuttural lauds. The assesstnept of jL_qnt could re to p9jqptial impacts arts agKiculturtaaLlmids must be discussed and kqW mitigation (hat hasbeetiachieved.iii e L)ro )osed Copservation Subdivision identified andLcr pro posedL c The proposed action may result in the excavation or compaction of the soil profile of active agricultural land. The develo,inctit of seventeera Ct7j single family residential lots and associated roadways will result iti com0action of the soil profile of q tLtv 1jural lands. The assessitigit must irtchide a discussion oti the potential loss of aaricultural lands/soils and, th�L��.wliicli wasb achieved ..1he )to osed C SU onscrvation bdivisioti. the......... d. The proposed action may irreversibly convert agricultural land to non-agricultural uses, either more than 2.5 acres if located in an Agricultural District, or more than 10 acres if not within an Agricultural District. SEQRA Positive Declaration Page 16 July 6, 2015 6174NJ)requires that the unlisted action be calibrated to 25% of any threshold on the Type I twist The stibddivisionmproposes 17 units and 25% of 50 is 12.5; although not all units would occur in an Agricultural Disttr rc t,vtWhe action would partially occur within an ,Agric�til tiwrwal District and, therel'orr, the'tctron cannot wbe assessed scparatclmywl ote tll tea total of 11 units are a�~cal)osed on South,Dyer,North,and South Brown Just under the 12.5 units. South Dyer, North Brown and South Brown are listed in an Agricultural District. The proposccl action will rr eyersiblconvert / 81 acres a�fagr°iCU1tLWa[ to non qgt ctrllgla1 (residential) rise within the district. An assessment on thesever Nty anal ��rctsw to��. A,arbdrvrsi grrcrrlttiral District must be discussed, °lLhe initig,wati�oilr4mklitirrg trcrr.�t..tl�e Cc�rrscrvatiorl. Subdivision on and amount of land arcampreserved should be considered. e. The proposed action may disrupt or prevent installation of an Agricultural Land Management System. South Dyer, North Brown and Sotith Brc.rwll p�tN°cc� arc all active l l�r°rrred_.. The __. assessment must include ma discussion on the impacts and/or mitigation(if any) which resulted from the proposed Conservation Subdivision. f. The proposed action may result, directly or indirectly, in increased development potential or pressure on farmland. The-potential irr�ppet of in {crate to large iinp tcts to directly increase t ev to mgigt must be assessed. g. The proposed project is not consistent with the adopted municipal Farmland Protection Plan. The action will remove acreage from the Town's total available agricultural lands. The _"_ ' ` ___._. _ __. _ 1raJ rrncl l rrrrarlrnd 1'rotocti. '. _ ;. y 1. and consistency with the �.orrthold l"own Fa oir Stt.rt 2011() Community Preservation Project Plan (2008) must be discussed. 6. Impacts on Archeological Resources a. The proposed action may occur wholly or partially within, or substantially contiguous to, any buildings, archaeological site or district which is listed on or has been nominated by the NYS Board of Historic Preservation for inclusion on the State or National Register of Historic Places, Tbc South gir Dy rrt?p rt_y is a0iacgit to the Orient National Historic Qistrict Potential moderate to large adverse impacts to the National historic District MUSt, be assessed. b. The proposed action may occur wholly or partially within, or substantially contiguous to, an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO)Archaeological Site Inventory. SEQRA Positive Declaration Page 17 July 6, 2015 The action" is located within'an A r-ch,eo-sensitive Area. The New York Department of Parks, Recreation an,� Historic' ' Preservation is requiring a Phase I Cultural Assessment for all areas to be developed. The assessment must include the results of the study. The following must also be addressed: i. Ihe pr9.1-1psed action nlf�y - s ilt ir) the destruction or alteration of all or art of j 5 qJ_ P the site or property,, ii. Lhe_prqp_qse_4.qqfion m4 �setting� y result in the alteration of the proveert:!j� integrity. iii. The proposed action may result in the introduction of visual elements which are out of character with the site or property, or may alter its setting. 7. Impacts on Aesthetic Resources a. Proposed action may be visible from any officially designated federal, state, or local scenic or aesthetic resource. b. The action may impact scenic view sheds identified(in public testimony) as important to the community. Proposed action will be visible t'rom State [Zoute 2,5A New York State Designated Byway and Orient Harbor. '["lie pr overtv known as South E��r J�iioutli of the State Route 25 a New Vork Stat.e enic view fr( m the roadway has been ...... I Scenic B My The se. identil'ied as itriportant by the coniniunity and the property owners. In 2000,1hejirp12gjty owpers Ul iced a term scenic easement gn the,LjtPJ1gE hich W 9.-reco ii zed the scenic importance. The.action proposes to construct.five..(.Qsingke Eat residential homes on the arce...-. l. '1'hp_1?1( ten1Jal inn mh',)m et l the siting and scale of the homes could be moderate I ............. . -- to large based on lot size. c. The proposed action may result in the obstruction, elimination or significant screening of one or more officially designated scenic views. Chapter 280 of the Southold Town Code allows lot coverage up to 20% of the buildable land area, The proposed action will be visible from State Route 25, a New York, State Designated Bywa and Orient lie waters. Thc ro V a., South D e pert, known s -P.-I) Y is south of the State Route 25 a New York State Scenic Byway and north of Orient Harbor. Three other properties also adjoin State Route 25, but the lots and subsequent development is expected to result in low impacts to designated scenic views. d. The proposed action may be visible from publicly accessible vantage points: i. Seasonally (e.g., screened by summer foliage, but visible during other seasons) Yes, the projects will be visible on South Dyer seasonally. SEQRA Positive Declaration Page 18 July 6, 2015 ii. Year Round Yes the projects will be visible on South Dyer year round. e. The situation or activity in which viewers are engaged while viewing the proposed action is: i. Routine travel by residents, including travel to and from work The assessment must include the impacts to travelers of State Route 25 and Orient Harbor... ii. Recreational or tourism based activities The assessment must include the impacts to tourism and recreational participants using State Route 25 and Orient Harbor. f. The proposed action may cause a diminishment of the public enjoyment and appreciation of the designated aesthetic resource. The assessment must dJscgss,the,,1A,)tentiat moderate to lar ge_�actvd rye irrrr� cis tc� rrd��t�a�tid resources of State Route 25 and Orient Harbor that may result from the action, specifica.......... � ...� ...... 11y. 8. Impacts on Critical Environmental Areas a. The proposed action may result in a reduction in the quality of the resource or characteristic which was the basis for designation of the CEA. Portions ' o1 the South Dyer ��ar ca t are located wwithinaNY DEQ Qr itica l�nvi��ara�rient� 1 .._ ,. jj Area (Peconic ays and T�m�,yirron n assessment oftt(lepi� cts to the area�trus�1� discussed. 9. Consistency with Community Plans a. The proposed action's land use components may be different from, or in sharp contrast to, current surrounding land use pattern(s). Current land use of Orient is residential and agriculture. The proposed action proposes seventeerr..Q.7).new residential lots on fi ur separate p1 jr els, Late have been:..clustered to meet the requirements,. __... ._ ofthc 1 ow_ n off'Southoldl Consetvatiorau Subdivision 80/0� �_�..____0° ...... ejc fired to be_preserved_and the total yield of a Pro ram where 80/o of buildable lands is z'cc parcel is reduced b The e rctiora is being lam°rpct go a a C�/60 ('�wons rvation Subdivisi ar ancl�..tjal.�+�lrire, the �dpgm tgdrriaacts to la ndl...l!sq inn er"s is l"or,?��.._I' he action �tq��c�a is t:hc e�iAin land trse pattern(s) of mixed agricultural andresidential uses. 10. Consistency with Community Character SEQRA Positive Declaration Page 19 July 6, 2015 a. The proposed action may create a demand for additional community services (e.g. schools, police and fire). The action is expected to create a demand for police and fire services. mThe demand for such services must be discussed. b. The proposed action is inconsistent with the predominant architectural scale and character. The South Dyer property is south of the mState Route 25 a New York State Scenic Byway. The scenic view from the te�ady ;has been identified asimportant by the c aliri tUtl t it 0 _P�l� l� 1�)��c � term Scenic cy �rr r� 1 oCQi Easement on the rr operty which r c.o ;rizcd...the scenic importance. 'I"'he acliotl prgpra�es to construct five (5) sinatellimily residential homes oil the par 1 he otential innigct f ,onp thesitijig and scale of"the hc�n1 s Couldw_be n:iodcratc to lame Iwasedmmemjt lot size and Tovvn Code l)crccrrt c oycr liar bLlildina lots,. The No tli D er and North Brown development areas clustered to lessen rmpacts t o State Route 25,should also be discussed. 11. The Assessment of a No Action Alternative For Further Information: Contact Person: Mark Terry, Principal Planner Alyxandra Sabatino, Planner Address: P.O. Box 1179, 5309 State Road 25, Southold,New York 11971 Telephone Number: 631-765-1938 A copy of this notice must be sent to: Scott Russell, Southold Town Supervisor Suffolk County Water Authority Southold Town Clerk for Southold Town Board Suffolk County Department of Health Services Southold Town Zoning Board of Appeals Suffolk County Planning Department Southold Town Building Department Suffolk County Department of Public Works Southold Town Board of Trustees NYS DEC—Stony Brook Southold Town Engineer NYS DEC -Commissioner Southold Police Department NYS Department of Transportation Architectural Review Committee NYS Department of State Orient Fire District US Army Corps.of Engineers Environmental Notice Bulletin Any person requesting a copy File 6aOL-F Irene M.Treiber 405 Racketts Court Orient, NY 11957 516-361-9841 July 22, 2015 T Town of Southold 2 1 Zoning Department 54375 Route 25 kowTow PO Box 1179 Pkw1 Southold,NY 11971 Dear Sirs: As a local homeowner on Racketts Court I am strongly opposed to any subdivision on the south side of the North Road—Tutill Family Partnership. It is the nicest view in Orient and to subdivide W('�ztxl( be a shame,%Sill ,�mely, Irene M. Treiber MAILING ADDRESS: PLANNING BOARD MEMB ' ERS ' v so P.O. Box 1179 Southold, NY 11971 DONALD J.WILCENSKI �• Chair �y OFFICE LOCATION: WILLIAM J.LEES Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR �. cou +��. Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD Via E-mail & U.S. Mail July 9, 2015 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, New York 11957 Re: Proposed Conservation Subdivision for Tuthill Oysterponds Holding Company SCTM#1000-17-4-16 Zoning Districts: R-80 & R-200 Dear Mr. Tuthill: The Planning Board has received your letter, dated June 10, 2015, requesting limited clearing on the North Brown Parcel to complete the required Archaeological Survey of the site. The Board has agreed to allow limited clearing of 10' - 15' wide paths every 50' as outlined in the letter submitted on June 10, 2015 with the requirement that significant trees with a diameter breast height (DBH) of 18 inches be avoided to the greatest extent practical. If you have any questions, please do not hesitate to contact this office. Very truly yours, Alyxandra Sabatino Planner cc: Melissa Spiro, Land Preservation Coordinator rzz .. AIMLING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 Southold, NY 11971 DONALD J.WILCENSHI °1 Chair OFFICE . WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III ` q✓ (cor. Main d. Youngs Ave.) MARTIN H.SIDOR U -0� f. ' Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 7, 2015 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: SEQR Determination: Positive Declaration - Proposed Conservation Subdivision Open Development Area for the Tuthill Oysterponds Holding Company North Dyer & North Brown are located on the n/s/o NYS Route 25, approximately 366' w/o Oysterponds Lane & approximately 2,223' e/o Platt Road respectively. South Dyer and South Brown are located on the s/s/o NYS Route 25, approximately 460' w/o Oysterponds Lane & approximately 1,960' e/o Platt Road, respectively. All properties are located in Orient. SCTM#10 0-17-4-16, 17-6-14.2, 18-3-30.3 and 18-6-17.3 Zoning District: R-80 & R-200 Dear Mr. Tuthill: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, July 6, 2015: WHEREAS, this proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240-42 G of the Southold Town Code, and is further described as follows: SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 5.7 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots and includes a reserve area for agricultural related use where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 14.6 acres of unbuildable lands. 2 III'I a t? e JaiII2 7" , 2 01 5 SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acre of unbuildable lands; and WHEREAS, The Planning Board recognizes that the applicant has proposed a 80/60 Conservation Subdivision that supports and meets many of the Town's goals; and WHEREAS, due to the environmental, scenic and cultural sensitivity of the hamlet of Orient, the Planning Board has determined that the proposed action may result in a moderate to large impact; and WHEREAS, the Planning Board, as Lead Agency, is requiring the review of the whole action of 17 lots on 4 parcels; and WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (8) "Any Unlisted Action that includes a non-agricultural use occurring wholly or partially within an Agricultural District (certified pursuant to Agriculture and Markets Law, Article 25-AA, Sections 303 and 304) and exceeds 25 percent of any threshold established in this section" is a Type I Action under SEQRA; and WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (5), one of the thresholds established for a Type I Action is the following: "Construction of new residential units that meet or exceed the following thresholds: 50 units not to be connected (at the commencement of habitation) to existing community or public water and sewerage systems including sewage treatment works" and 25 percent of this threshold equals 12.5 residential units; and WHEREAS, this proposed subdivision includes the potential future construction of 17 new residential units in an area without access to public water and sewerage systems; and WHEREAS, pursuant to 6 NYCRR Part 617'.4 (b) (9), another Type 1 Action is "any Unlisted Action (unless the action is designed for the preservation of the facility or site) occurring wholly or partially within, or substantially contiguous to, any historic building, structure, facility, site or district or prehistoric site that is listed on the National Register of Historic Places, or that has been proposed by the New York State Board on Historic Preservation for a recommendation to the State Historic Preservation Officer for nomination for inclusion in the National Register, or that is listed on the State Register of Historic Places (The National Register of Historic Places is established by 36 Code of Federal Regulation (CFR) Parts 60 and 63, 1994 [see 617.17]"; and I �ythuu � 3 � IlIag e i U l Y a 2015 WHEREAS, this proposed subdivision is located substantially contiguous to the Orient National Historic District located to the east of the South Dyer property; and WHEREAS, based upon the above requirements, the Planning Board performed a coordinated review of this Type I Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS, on January 12, 2015, the Southold Town Planning Board declared Lead Agency status for the SEQRA review of this action; and WHEREAS, on January 12, 2015, the Southold Town Planning Board classified the action as a Type I Action; and WHEREAS, the Planning Board, as Lead Agency, performed a coordinated review of this Type I Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); be it therefore RESOLVED, that the Planning Board, pursuant to SEQRA, hereby makes a determination of significance for the proposed action and issues a Positive Declaration for this action. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J. Wilcenski Chairman Encl. r� MAILING ADDRESS: vs PLANNING BOARD MEMBERS P.O. Box 1179 � Southold, NY 11971 DONALD J.WILCENSKI , Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 P IERC H.RICH III (cor. Main Rd. &Youngs Ave.) JAMES ��ro ��' Southold, NY MARTIN H.SIDOR , . -U Telephone: 631 765-19 38 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review POSITIVE DECLARATION Notice of Intent to Prepare a Draft EIS Determination of Significance Project Numbers: Date: July 6,2015 SCTM#1000-17-4-16 SCTM#1000-17-6-14.2 SCTM#1000-18-3-30.3 SCTM#1000-18-6-17.3 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. he °1 own of SOL11hold 'laiming Board as lead agency,has determined that the proposed action described below nay have, a signilicaa t impact on the environment and that a Draft Finvironmental isaxpact Statement Will be prepared. Name of Action: Tuthill Conservation Subdivision SEQR Status: Type 1 X Unlisted Scoping: No X_ Yes_ If yes, indicate how scoping will be conducted: S EQRA Positive Declaration Page 12 July 6, 2015 „ro Description of Action: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots,with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240-42 G of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 5.7 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots and includes a reserve area for agricultural related use where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 14.6 acres of unbuildable lands. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3 acre private right- of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acre of unbuildable lands. Location: North Dyer is located on the n/s/o NYS Route 25, approximately 366 feet west of Oysterponds Lane, in Orient. South Dyer is located on the s/s/o NYS Route 25, approximately 460 feet west of Oysterponds Lane, in Orient. North Brown is located on the n/s/o of NYS Route 25, approximately 2,223 east of Platt Road, in Orient. South Brown is located on the s/s/o NYS Route 25, approximately 1,960 feet east of Platt Road, in Orient. Reasons Supporting This Determination: This action is proposed as an 80/60 Conservation Subdivision Open Development Area, a development option that was developed in the Town to meet Town goals. However,the action is located in the hamlet of Orient which is not served by public water or public sewers and the action could result in moderate impacts to the sole source aquifer affecting the local population. Further, moderate impacts could also result to surface waters, agricultural resources, aesthetic resources (scenic view sheds important to the community), archeological resources and community character. The Town of Southold Planning Board is requiring a review of the action to determine the magnitude, importance and probability of occurrence of potential impacts. SEQRA Positive Declaratiun Page 13 July 6, 2015 Relevant areas of concern include: 1. Impacts on Surface Water a. The proposed action may affect the water quality of any water bodies within or downstream of the site of the proposed action. l- jace Recent s(tidies 11ave linked on-site sanila,y �y�glj.s with i qCj.p&NA_rc gqnjo sty waters and cumulative ini xicts could be moderate to large. In the Peconic EstgqLy.,aftr ——--------- - s econ(l lar st xter enal sourc e of )�qgndwaterisesfinu tied a the s )Lid Nitro totalin 2 of the total NitroL,,enk. _. or 7,150 lbs.,MU,��dwater - , 7 i de and otl are tl e rl n1ribiaors to water n1al the ["eCOmC-EStUary -10 )tg�( jLis and hy lit the I,ol onnd and Peconic 1jstnar is s x crienced (letrinient -qLal clianL e. from increase(i nutrient loads to round and surface waters. In the Loniz Island Sound, ............ and more recently in the Peconic.F.sluar , k Nv Dissolved Qxygei ')() qji fitions y - (j1y1)-(-)-XAi1 j.k.y-dow—cftie Lo_!;xce,5sive levels of Nitrogen.j(N) a is a rCSLl It fi-01 01 Mn kt-.--I ilLa Al,naq, -)looms that Feed on the null'ientS3. The algLiq(lie and settle to the bottom of the water body then decav, Dissolvedrising.U� Oxygen in the r fall b eto w the levels neqcLs sary ai n It ul fe td -So sgst, ljj�occss._ I he OxyE n I.qvel,9_�U often result in fish and shellfish die offs. 'ne impacts of the new.,,;anitgjr �11 01 Brown. sy�_Lqj"sl:Op on tile SOLAJI DyuL(.�, -1d Sou L - PILO-Mrties must be assessed. In a(IdLiCion the potential nua ni(ode of jjLij7gtct o,.Iq!l Island SOL'Ind and Mnnn Pond should be cliscussecl for the J�q�ith Dyg- an(] North Brown properties. 2. Impact on Groundwater a. The potential moderate to large impacts to existing groundwater quality and/or quantity. The :%)osecl a�L _q� -- —Unity. M fi' an tibliewaterandcot _!���p i�ed (public) sewer. b. The proposed action will require new water supply wells, or create additional demand on supplies from existing water supply wells. Ttie pai_ jsnand' rxpc ater Orient are not served nblie water. New private wells served Liy_1L(pqp(la ater will be ,CL _water to jaire residences. The action toAla�yj FL L rntist be assesse(l to water ayr .,e !Pq� jj,,,kilj_t,y )Qt,,4!tg watersotirceij h mortar al d ftitgre deve lop Lue Lit SLI care I ply._J)iSCtjSSiOl'lS lllUSt i 11CILIde the imp,ctto ']'lie till-eat ()f*S�Ilt welteri ntl'LlSi011 sliotild flnell. gj/one qCin es also be discussed. c. Water supply demand from the proposed action may exceed safe and sustainable withdrawal capacity rate of the local supply or aquifer. SEQRA Positive Declaration Page 14 July 6, 2015 Tlie aclioaa 11111st be assess d to aIctcnilivie ,,° ��clwater strcaac�� l aa c�r ,l��rat� m cl location. °l`h sgs1ain,ibi of be a itif r ciii(I rr . .� p J P �....ww_so be....discussed. im acts to adjacent parcels and area should also be d. The proposed action may allow or result in residential uses in areas without water and sewer services. _pare w mare located Nvi lain pan area with no l aalydic wgrtca caa sc�rwrer�, aaCdoNl� �`c�a�a�tt l e a ' er►w ral tlealtla ca v�cc� ��;�lr�c��aal will be r'ULjti`iled. Assess;gjgj� ytial _ P _m �A _m.:_l 1 _ 'Y _g'ortclwti ltm:r��i nc.war„tEr impacts b rquiceuticals �antd ersonal Marc, )roclggc to r systems fertilizers and herbicides must be included. e. The proposed action will require wastewater discharged to groundwater. The artautaiat caC"w<asta rates° Mllarlap l t .(gl2 l that will be dis l ��°Ae(l�t�� do�t��rdev�ti:et ..._._m.__ conipliglice with Staffi)lh Coqrtty.l el �rtment c w iealfl' e,°vic s tITe �r�l rti �t rt `st 1 gw provided. f. The proposed action may result in the construction of water supply wells in locations where groundwater is, or is suspected to be, contaminated. Areas of Orient have exhibited ro�g_ undwater contamination. Recent concerlis have been outlined in the Suffolk County Comprehensive Water Resource Management Plan .. .. _'-LI en air l vatea°c,uala oat lia ti a r� C.. r 1tial. �lll a . A cdrsra�s�,rc�n On ���_r 129AC itill acts (.l Lut , remsti t fton) the jLo,�e Laction, is rectCtiL( cl. l otenti,ki_.:hnl)act$ to adjacent property owners must also be included. g. The proposed action may involve the commercial application of pesticides within 100 feet of potable drinking water or irrigation sources. The.LiKpljosecl lode ar locateci tacijacent toaetive a�ricaaltaara1j.q jcl wd��uf t o iG. l Eder and 1pnr°t od' tlac scrN ci a ima� z�w s s t�e� ,of tl-te ini�,ets of p ITsta ►cle, with.in.,100 feet dal' potable(IrinkiJ12 water or sari gtion sopl-ces for lawn a nd el�2 s inust L2c il1rcla�decj' 3. Impact to Flooding a. The proposed action may result in, or require, modification of existing drainage patterns. 1`1 elarral ram cl action will clatitt � ww isti� dNai age _gjis,fistur.b fore thall one Facie and create stormwater i,aaaa of kpgq: )oint s-L t 110 during coatstnic.tion ot,pgst consiataetion. Sear level rise ad,aacl..tlac it azct on low 1 ra are�1�_olIT! 1 :tc,el.(.located in the paJ�tl�l�ecd Ila�caad„�c�� cl�aIL 5 . s a concern. ��asscssnaentwof(lie iaa-stets',ki diltr aaa �a:t�ramrl; proposed must be discussed. 4. Impact on Plants and Animals a. The proposed action may result in a reduction or degradation of any habitat used by any rare, threatened or endangered species, as listed by New York State or the Federal Government. SEQRA Positive Declaration Page 15 July 6, 2015 The use of the properties by vrotected species is unknown. If the action is developed, ve leiation will be renioved on Nortll Dver and North Brown pi _L)�,,r J, mitigzqicLn will lie acliieved tl 1TMs dijj',L(: iy _i�g,renicnt feleij- g iAgpqq "tated pjrcel '11"he New York State Natural HeritMC_Pjpg!�q!n 'NY Nat tiral FlerL�IiD at NaturalHeritage(& ,dec.ny.gov or 518)_AO L)2-, 9�4�, st be contacted to deten- _aq- __— iqjjje ft Mvsenee or absence ofl')rotected sweies �iind l io,t,.e.,,i1,,ti_ql in-ijxIcts (il`an)') to sucliws habitat., S. Impact on Agricultural Resources The potential moderate to large impacts of a substantial change in the use, or intensity of use, of land including prime agricultural soils, Agricultural District and open space or in its capacity to support existing uses. South Dyer, North Brown and South Brown properties are listed within the Agricultural District. a. The proposed action may impact soil classified within Soil Group 1 through 4 of the NYS Land Classification System. The NY Department of Agriculture and Markets has created a Land Classification Stem based on soils that Eire used in flip A al Assessment Pro LT ru Lf r 1.m"L I to Article 25-A.A of(lie Aurictilaire and Markets Law. Soil Grotips gin, be identifi.ed at the NYS Ag. and Markets Soil Group Numbers page found at: service.,,/soils/20'l4/su]Tjit.pcll" These soils are prime farmland soils and soils of statewide importance. Impacts to these soils ing l rqdc pyLq!jlji,,ire areas converted to fj,g,L1iis case,residentialbise. b. The proposed action may sever, cross or otherwise limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc). 171-te resideritial deve,lot client of the land wili require Litilities and toadwgys that will ,transverse acti,ve, a9flic-.1-ftYral lands, The chisterin-,of loltsjpijjj' ales tile im edinierits _ _g that residential development could result to agricultural lands. The assessment of a i ssed and a DOtential j'Llnxl�jt sj L -icoltitral lands nnist be discuny niikalion that has been achieved in the proposed Conservation Subdivision j den t.ified and/or prop c. The proposed action may result in the excavation or compaction of the soil profile of active agricultural land. The development of seventeen (17) single family residential lots and associated roadways will result in compaction of the soil profile of active agricultural jands. The assessment must include a discussion on the potential loss of agricultural lands/soils and the mitigation which was achieved by the proposed Conservation Subdivision. d. The proposed action may irreversibly convert agricultural land to non-agricultural uses, either more than 2.5 acres if located in an Agricultural District, or more than 10 acres if not within an Agricultural District. SEQRA Positive Declaration Page 16 )q1y_6 2015 617.4 b 8 re f any Liresk) 4.on„,the pflws that the unlisted action be calibrated to 25% q ' peLrjqt. The sqbdivisio�i pLopo ,g�j 17 L1111tSaild 25% of50 is l2.5;_q111 qqgt . [ q I L.—I _ . ................... _L til-lits wouk occu6n aii A ictiltunal Dis cLc I I trict, the �cor within an action cantiol, beassesse p-i d se Note flull a .,the total of 11 utiit,,3_AMRropksed on Southl') er North and South Brown just under.the 12.5 yermm units. Soutli Dver, North, 13rown and Soudi Brown are listed in an Agdcg Mural Di—slrict- lh!g I 12_qp�Lsed action will irreversiblyi i�ve rl�( 728-1- acres, of at.,yicultgral, to not a ItUra it of im)acts to flic (:1Csi&L1t!1 ILI) Use withwquist in lie district. Aii asses sill et.it on the sevei A igkiltural Districbe diSCLISSed. 'file 111itil"4(ion restilthi fron) (lie: CLo[iservatioa SUbdivisioti atid animint of.*land awa i)reserNed stimild be considered. e. The proposed action may disrupt or prevent installation of an Agricultural Land Management System. S.outli Der,.North Brown aiid Souffi Brown 1,xucels are all actively 1'anne(J. The ass,essineiit, inust irickide a discossion on (lie in-macts qnd or�giitigqjqq_(i , iell 'Illy I-VVL resulted from the proposed Conservation Subdivision. f. The proposed action may result, directly or indirectly, in increased development potential or pressure on farmland. TIK,p p 1arLre iipp� dj!��qqy� -1 tgiijj Lil irn ac act�Lt� �IS�f nioderate tp increase deve ?11 111 must be assessed. g. The proposed project is not consistent with the adopted municipal Farmland Protection Plan. 'I"he action will remove ac.E(�,qge firoiji the 'fown's total available agricultgral lands. The consistellcy witli the Sotitholcl 'I'myn 1'�'ann and Farnflarid Protection Stra!egy (Z-QUO►ati(,! Cominunit Preservation PE6,gqPlan 2008) must be discussed. 6. Impacts on Archeological Resources a. The proposed action may occur wholly or partially within, or substantially contiguous to, any buildings, archaeological site or district which is listed on or has been nominated by the NYS Board of Historic Preservation for inclusion on the State or National Register of Historic Places. s 'L ,lijto the Orient Mational 1-listoric District. Tlic Sotith D )ert 1, aces y ro, -L. dd� Potential tnoderate to large adverse iin')acts to the National Historic District must be assessed. b. The proposed action may occur wholly or partially within, or substantially contiguous to, an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) Archaeological Site Inventory. SEQRA Positive Declara., n Page 17 July 6, 2015 timi is located within an Acl-teo-s�egsittye At a� H Iie New York N��1�����rrr�°��i (Lf Parks Recreation and Historic Preservationis requiring a Phase I Cultural Assessment for all,,.areas to be developed. The assessment must inchide the r(splts of the stra,,. The following must also be addressed: i. The proposed aoioai may result in the destructionor<alteraition of all or part of tlic site or Property. ii. ,l�e �aipoa action tiiaa is�1.t Naz,tl ica:atio�i of the...Ptcicat sei�ta�ag off, integrity. w iii. The proposed action may result in the introduction of visual elements which are out of eli�aa°aacta a with theTsite or property ormrla. alter its setting, 7. Impacts on Aesthetic Resources a. Proposed action may be visible from any officially designated federal, state, or local scenic or aesthetic resource. b. The action may impact scenic view sheds identified (in public testimony) as important to the community. 111:01,osed action will bevisible I:c-om State.Route 25. A New York State 1 esi ,otced l3 t air .e h math of the gate ISWtitc �. and (1i i..ait.l i��mllrar. Tla�. arc�l� l..� ._:1�;��scawaa gas �aa�r.at1� C�yet_r5 s._�m 25 ai New York State Scenic B °' aymm..'rhe scenic view ftom the roamdwai la,.as been. identified as imIortaaait by the community and the propert mowiie s. In 19XX, the wnc rs lilaaced as tern) s enic c;;asemerit ota t1�e l__%_ej-ty \y ieh recognized the. pa;oc ter a_ _ __ scenic importance, The aietion IL)II ises to coa w t �awci 1 v IT i[i ,le l"ainily reside�itiarl homes on the parcel. `l lic Rotential impact mfrom the srting_and scale of the homes could be moderate to large based on lot size. c. The proposed action may result in the obstruction, elimination or significant screening of one or more officially designated scenic views. C.liaal der 2 G W of mthe Sotitlaold I owti Code allows lot covei•a e µgrli to 20% of tlreaabgildahle land ireai. The lay posed action will be visible from State Route 25 a New York State lea i t d.1 �p�jy-jjnd Orient Harbor,4�aal�lie waters, '1 laa la�aapc 1�c�crrnaa ais Southh� iy .._is scaitl of the State Rcrrte 25 < New York State Scc i•� By. .g_y rid aaurtla (.)wl ()imicpt Harbor. Three other properties also adjoin State Route 25, but the lots and subsequent development is expected to result in low impacts to designated scenic views. d. The proposed action may be visible from publicly accessible vantage points: i. Seasonally (e.g., screened by summer foliage, but visible during other seasons) Yes,the projects will be visible,on„Southth Dver seasonall SEQRA Positive Declaration Page 18 July 6.2015 ii. Year Round Yes,„th rolc cLs will be visible on South Py gL_year round. e. The situation or activity in which viewers are engaged while viewing the proposed action is: i. Routine travel by residents, including travel to and from work The assessment must include the �? to travelers of State Route 25and Orient impact Harbor. ii. Recreational or tourism based activities The assessment must include the impacts to tourism and recreational participants using State Route 25 and Orient Harbor. f. The proposed action may cause a diminishment of the public enjoyment and appreciation of the designated aesthetic resource. The assessment taaent rlra.ISt discuss the 'M(D t l7llcl.l n"arrcler'aate t(7 I�rr $e_�rr verse inaF�a s to aesthetic resources of SUite Route 25 and Orient [lar or that rnay result.from than actioD, specifically. 8. Impacts on Critical Environmental Areas a. The proposed action may result in a reduction in the quality of the resource or characteristic which was the basis for designation of the CEA. Portions of the South Dy!.!- aft rcel a loc ted within a N YSDE( mm r itical Envi onniental i .i_ l'c�conic Bays and i nviron). Ara assessnncnt ol'the i���pacts to the��reawtn�tstl�e discussed. 9. Consistency with Community Plans a. The proposed action's land use components may be different from, or in sharp contrast to, current surrounding land use pattern(s). Currc.r'al land useof Orient ism residential and a rictrl1AH' I he araa�ose �r tioia proltoses sevcnt e7.a_fl new residential lots on fb,�r_..(`l s a,e_abriL Is. Lots have been clustered to meet the rcc lae T rrladrvision BC�/60 F'rr.a gr ttir vlac,rer t)� > tl l �r lMrtale lwra of Southold ( car crv�rs rrvccl �aarcl_tl'u teat.�twl yield Qf'aa vends .s._,icc arirr.cl to be s-rac,.�. parcel is reduced by 60%. '1`lle action is b j?r)posed as a 80/60 t~;"onset vation S,Ubdivision an4, ther_cfca�'�,�e �.!�tq _' and a pm erns i low._..The mmElctrc_�ra s�rp.l t the�xi tira , land aw�s��. sac rested iraa aaicts to l r.arclrscm gr_ residential pattern(s) of mixed a icultural and redential uses. 10. Consistency with Community Character SEQRA Positive Declarai,on Page 19 July 6 20w15 a. The proposed action may create a demand for additional community services (e.g. schools, police and fire). The action is ex)ected to create a demand for police and,fire services "l°ht demand for such services must be discussed. b. The proposed action is inconsistent with the predominant architectural scale and character. — The South Dyer p Route 25 a New YorkState Scenic r o crt is_south of the State .... tly A'a m l lrc scenic view lta,in the rorrtl v y hasn nn aoitantm tile_bee jujjLty _ ' 1 p._.l_— —..cr 2001, tl�c limmlr�l�c��tv_owne.. __ c ctrnrn�arrrrt ...rrrtd the fro���r�t ��wr�crs. In .� rs al��c�d�rtilmtr�� c.cn� _ l a<,crncz t on the 1 .rt y wlticly twcciignized the Scenic mmmin)orta m 1" c, a.clio iw l Ica to construct five 5 sin elm fat ilj�gsi eiitial homes 0.1.1 ONC �.�1.., The ac?te»tLld ia�� from the siting and scale of the Denies could be moderate t�c� l��r. based on lot„size aptl —g Down Code l-)ercerit cove for buildin lots, Tlie Nortlij)ver and North Brown development areas clustered to lessen impacts to State Route 25 should also bem discussed. 11. The Assessment of a No Action Alternative For Further Information: Contact Person: Mark Terry, Principal Planner Alyxandra Sabatino, Planner Address: P.O. Box 1179, 5309 State Road 25, Southold,New York 11971 Telephone Number: 631-765-1938 A copy of this notice must be sent to: Scott Russell, Southold Town Supervisor Suffolk County Water Authority Southold Town Clerk for Southold Town Board Suffolk County Department of Health Services Southold Town Zoning Board of Appeals Suffolk County Planning Department Southold Town Building Department Suffolk County Department of Public Works Southold Town Board of Trustees NYS DEC—Stony Brook Southold Town Engineer NYS DEC - Commissioner Southold Police Department NYS Department of Transportation Architectural Review Committee NYS Department of State Orient Fire District US Army Corps. of Engineers Environmental Notice Bulletin Any person requesting a copy File Agenq Use(,)"I y[if applicable] Full Environmental Assessment Form project Fall Subdiwsaon Part 2-Identification of Potential Project Impacts Date: Frr9ras .... ____ Part 2 is to be completed by the lead agency. Part 2 is designed tea help the]CM1 ag eney inventory all Potential resources that eould be al'levtcd by as proposed project or action. We recognize]hat the,lead agency's reviawct(s)will nol necess-ai tly be t�roviii+url'�ncntatl. prof'esskm al.s. 'So,the questions are designed to walk a reviewer through the atasessment process by praovrding a series of gtiestion;that can be answered using the infonnation found in Part 1. l ro further assist the lead agency in completing Part 2 the lbrm identilres the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question, When l°a d 2 is completed,tlre^ lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area,complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application,maps,supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. • If you answer"Yes"to a numbered question,please complete all the questions that follow in that section. • If you answer"No"to a numbered question,move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box"Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact,it may help to review the sub-questions for the general question and consult the workbook. • When answering a question consider all components of the proposed activity,that is,the"whole action • Consider the possibility for long-term and cumulative impacts as well as direct impacts. ..._ ....ntext of the iare�jeet Answer 1 mm mmm reasonable manner considering the scale and co �� ........• wer the question m a m 1. Impact on Land Proposed action may involve construction on, or physical alteration of, [:]NO OYES the land surface of the proposed site. (See Part 1.D.1) Tim"Yes answer c ire.° move on to Section 2. Relevant No,or Moderate at rxra.s a® _ ENO a J..�..... t —W ._ Part I small to large Question(s) impact impact may r may occur occur a.The proposed action may involve construction on land where depth to water table is E2d ® ❑ less than 3 feet. _ b.The proposed action mayinvolve construction on slopes of 15° greater,. y p /o orElf 0 ❑ c.The proposed action may involve construction on land where bedrock is exposed,or E2a generally within 5 feet of existing ground surface -� d.The proposed action may involve the excavation and removal of more than 1,000 tons 132a [ ❑ of natural material. e.The proposed continues action may involve construction that c es _..__...� for more than one year Dle �] or in multiple phases, o d erosion,whether from f.The proposed action may result in increase i r y physical D2e,D2q ❑I disturbance or va ctart� (including from treatment by herbicides), g orr removal(urtc�....... The proposed a......... ' area. B 1 i g• P P . � y be,located within a Coastal hazard„ . „. �.,..m �. .._... ........._- -_. ......._. coon is or may h.Other impacts: __...m_— ❑ ❑ Page 1 of 10 .2. Impact on Geologica.�. .� ....—.�... ...m.—_�..... . ..� Features The proposed action may result in the modification or destruction of, or inhibit access to,any unique or unusual land forms on the site(e.g.,cliffs,dunes, ❑NO ®YES minerals,fossils, caves). (See Part 1. E.2.g) " ion 3. levant No,or � Moderae" ° ..._a Re... to wer ����: Ironss a cc C No"„ move on to Section fr°"Yes ans... _ Part I small to large Question(s) impact impact may ...._. ,.. _... wn�y occur ...._._ occur....... a.Identify the specific land form(s)attached: _ __._ E2g V-1 C 1 Coastal Bluff Along Long Island Sound b.The proposed action may affect or is adjacent to a geological feature listed as a Me ® 0 registered National Natural Landmark. Specific feature: .w c. Other impacts:___ ❑ on Surface Water 3 The proposed action may affect one or more wetlands m p p y ands or other surface water ❑NO ®YES bodies(e.g.,streams,rivers,ponds or lakes). (See Part 1.D.2,E.21) " ", Section 4. c�r�a�Mt,�t��������,�a l I�"_No move on tos w..� R�....._ .......�..� ...... levant No,or Moderate Part I small to large Question(s) impact impact may proposed_ action may _ J�ua occur occur a.Thecreate a new water body. D2b,Dlh1 ❑ b.The ro osed action may result in an increase_ .....a p p y or decrease of over 10%or more than a D2b ® ❑ 10 acre increase or decrease in the surface area of any body of water. _.�........... m c.The proposed action may involve dredging more than 100 cubic yards of material D2a ® 0 from a wetland or water body, d.The proposed action..._.�� .__°..__. p p may involve construction within or adjoining a freshwater or E2h tidal wetland,or in the bed or banks of tiny other water body. e.The proposed action may create turbidity in a.... p p y y waterbody,either from upland erosion, D2a,D2h runoff or by distun°bing bottom sediments f.The proposed action may include construction ion of one or more intake(s)for withdrawal D2c 11 ❑ of water from surface water. g.The proposed action may include construction of one or more outfall(s)for discharge D2d ❑ of wastewater to surface watcr(s'). _ _ ._..........._._ _....m h.The proposed action may cause soil erosion,or otherwise create a source of D2e ® 1 stormwater discharge that may lead to siltation or other degradation of receiving water bodies. ��.°� ... ...... _ _. i,The proposed action may affect the water quality of any water bodies within or E2h ❑ l °downstream of the site of the proposed action mm­.... __� j.The proposed action may involve the application of pesticides or herbicides in or D2q,E2h 0 ❑ around any water body. k.The may require t action �construction o. proposed Y re q he construction of new,or expansion of existing, Dla,D2d 0 ❑ wastewater treatment facilities. _.. _...�..... page 2 of 1 ---..................... ..................... ........... ............ 1. Other impacts: ....._...... _ ,..,_..., ❑ 4 Impact on groundwater The proposed action may result in new or additional use of ground water, or []NO ©YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1.D.2.a, D.2.c, D.2.d, D.2.p, D.2.q,D.2.t) If"Yes" answer questions a-h. If"No", move on to Section 5. Relevant No,or Moderate Part I small to large Question(s) impact impact may InaMcC—Ur occur a.The proposed action may require new water supply wells,or create additional demand 132c 0 on supplies from existing water supply wells. - p sustainable_ _ b.Water supply demand from the proposed action may exceed safe ands D2c ❑ withdrawal capacity rate of the local supply or aquifer. Cite Source: c.The proposed action may allow or result in residential uses in areas without water and Dla,D2c ❑ sewer services. d.The proposed action may include or require wastewater discharged to groundwater. 132d,E21 El e.The proposed action may result in the construction of water supply wells in locations D2c,Elf, ❑ where groundwater is,or is suspected to be,contaminated. Elg,Elh f.The proposed action may require the bulk storage of petroleum or chemical products D2p,E21 over gromid water or an aquifer. g.The proposed action may involve the commercial application of pesticides within 100 E2h,D2q, ❑ Ill feet of potable drinking water or irrigation sources. E21,D2c h. Other impacts. - ❑ 0— T5. Impact on Flooding ..__...�_..�. .._..._ ....__...._. ..._ .-.. The proposed action may result in development on lands subject to flooding. ❑NO YES (See Part 1.E.2) f 9 f or Moderate Part I small to large Question(s) impact impact may y occur occur a.The proposed action may result in development in a designated floodway. Eli 0 b.The proposed action may result in development within a 100 year floodplain. E2j ❑ 0 c.The proposed action may result in development within a 500 year floodplain. E2k ® ❑ ro^d.The proposed action p p may result in,or require,modification of existing drainage D2b,D2e ❑ wi patterns. e.The proposed action may ib change flood water flows that contrmmmmmm _. g buts to flooding. D2b,Eli, ❑ 0' E2j,E2k f.If there is a dam located on the site of the proposed action, is the dam in need of repair, E 1 e ® ❑ or upgrade? _ _. .m......_...,� �..m .�.�..... Page 3 of 10.._ _�. _......... .......... .._. g.Other impacts: The proposed action may include a state regulated 6. Impacts on Air p p y g ed air emission source. ®NO ❑YES (See Part 1. D.2.f, D,2,h, .2.g) If"Yes" answer questions a f If No", move on to Section 7. ..Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur-..,,,—........occur a.If the proposed action requires federal or state air emission permits,the action may also emit one or more greenhouse gases at or above the following levels: i. More than 1000 tons/year of carbon dioxide(CO2) D2g ❑ ❑ ii. More than 3.5 tons/year of nitrous oxide(N20) D2g ❑ ° iii.More than 1000 tons/year of carbon equivalent of perfluorocarbons(PFCs) D2g ° ° iv.More than.045 tons/year of sulfur hexafluoride(SF6) D2g ° ❑ v. More than 1000 tons/year of carbon dioxide equivalent of D2g ° ° hydrochloroflourocarbons(HFCs)emissions vi.43 tons/year or more of methane D2h ❑ ° b.The proposed action may generate 10 tons/year or more of any one designated D2g [3 ❑ hazardous air pollutant,or 25 tons/year or more of any combination of such hazardous air pollutants. _ _ c.The proposed action may require a state air registration,or may produce an emissions q � g Y p D2f,D2g [:a ❑ rate of total contaminants that may exceed 5 lbs.per hour,or may include a heat ......i g BTU's per hour. source capable of producing more than 10 million B d.The proposed action may reach 50%of any of the thresholds in"a"through"c", D2g ❑ above. e.The proposed action may result in the combustion or thermal treatment of more than I D2s ton of refuse per hour„ f.Other impacts; [-[ ° ITTheproposed action may result in a loss of flora or _ ( q).... 7. Impact on Plants and Animals fauna. See Part 1.E.2.m.- ®NO ®YES q on to Section 8. a "Yes", answer questions a-j. I "No", move � Relevant � No,or Moderate e Part I small to large Question(s) impact impact may ..__..... ._....__.�_.w .�.......... _.. ma occur occu a.The proposed action may cause reduction in population or loss of individuals of any Ego 0N threatened or endangered species,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site b.The proposed action may result in a reduction or deg y y _. _..... degradation of an habitat used Ego lml any rare,threatened or endangered species,as listed by New York State or the federal government. _ .. c.The proposed action may cause reduction in population,or loss of individuals,of any E2p ® Il species of special concern or conservation need,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. d.The proposed action may result in a reduction� �p p y ion or degradation of any habitat used by E2p l any species of special concern and conservation need,as listed by New York State or the Federal government. Page 4 of 10 .... ..................................."­­.",.­.......­'_­_................................... e.The proposed action may diminish the capacity of a registered National Natural E3c Landmark to support the biological cop._ it was established to prolect, ...............­­_­............... f.The proposed action may result in the removal of,or ground disturbance in,any E2n portion of a designated significant natural community. Source: g.The proposed action may substantially interfere with nesting/breeding,foraging,or Elm over-wintering habitat for the predominant species that occupy or use the project site. h.The proposed action requires the conversion of more than 10 acres of forest, Elb El ❑ grassland or any other regionally or locally important habitat. Habitat type&information source:, ............ ..............—--------- ................................................. ................ i.Proposed action(commercial,industrial or recreational projects,only)involves use of D2q 0 ❑ herbicides or pesticides. ....................... j.Other impacts: ............. ...................... ............. .......... ---------- L ................... 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) E:1N0 [Z]YES "Yes", answer questions a-h. if"No", move on to Section 9. . .........— mmmmmm Relevant No,or Moderate Part I small to large Question(s) impact impact may ma occur occur a.The proposed action may impact soil classified within soil group I through 4 of the Etc,E3b ­ NYS Land Classification System. b.The proposed action may sever,cross or otherwise limit access to agricultural land Ela,Elb EJ 1 (includes cropland,hayfields,pasture,vineyard,orchard,etc). c.The proposed action may result in the excavation or compaction of the soil profile of E3b El c a active agricultural land. ........ ......_........................................... .......... ............ d.The proposed action may irreversibly convert agricultural land to non-agricultural Elb,E3a El 0 uses,either more than 2.5 acres if located in an Agricultural District,or more than 10 acres if not within an Agricultural District. .. .....— e.The proposed action may disrupt or prevent installation of an agricultural land I El a,Elb 0 management system. f The proposed action may result,directly or indirectly, in increased development C2c,C3, ❑ 0 potential or pressure on farmland. 132c,D2d g.The proposed project is not consistent with the adopted municipal Farmland C2c Protection Plan. h.Other impacts: Page 5 of 10 9 action are obviously Impact on Aesthetic Resources The land use of the proposed y different from, or are in [—]NO VIYES sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.La, E.Lb,E.3.h.) If Yes answer questions a- If"No', �o to Section 10. ... � _.._.. .. .. ........ Relevant ., ... No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Proposed action may be visible from any officially designated federal,state,or local I E3h 0 scenic or aesthetic resource. b.The proposed action may result in the obstruction,elimination or significant I E3h,C2b screening of one or more officially designated scenic views. c.The proposed action may be visible from publicly accessible vantage points: E3h i.Seasonally(e.g.,screened by summer foliage,but visible during other seasons) ❑ 11 ii.Year round ❑ d.The situation or activity..�. in which viewers are engaged while viewing the proposed E3h action is: E2q, i. Routine travel by residents,including travel to and from work Elc ❑ ❑ ii.Recreational or tourism based activities ❑ 0 . m ...... .. e.The proposed action may cause a diminishment of the public enjoyment and E3h appreciation of the designated aesthetic resource. f. There are similar projects visible within the following distance of the proposed Dla,Ela, project: Dlf,Dlg 0-1/2 mile -3 mile 3-5 mile 5+ mile g.Other impacts: ...... __. _ ti... _.� ❑ ❑ _...._... ...... .�...�......._._. �.. ........ 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological NO AYES resource. (Part 1.E.3.e, f. and g.) If"Yes", answer questions-a-e. If"No", go to Section 11. Relevant No,or Moderatemm Part I small to large Question(s) impact impact may may occur occur a.The proposed action may occur wholly or partially within,or substantially contiguous E3e it to,any buildings,archaeological site or district which is listed on or has been nominated by the NYS Board of Historic Preservation for inclusion on the State or National Register of Historic Places. b.The proposed action may occur wholly or partially within,or substantially contiguous E3f El to,an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory. c.The proposed action may occur wholly or partially within,or substantially contiguous E3g ® ❑ to,an archaeological site not included on the NY SHPO inventory. Source: Page 6 of 10 d.Other impacts:_....._ ------- _ ❑ ❑ e.If any of the above(a-d)are answered"Yes",continue with the following questions to help support conclusions in Part 3: i. The proposed action may result in the destruction or alteration of all or part E3e,E3g, [l [ of the site or property. E3f ii. The proposed action may result in the alteration of the property's setting or De,E3f, n integrity. E3g,El a, Elb iii. The proposed action may result in the introduction of visual elements which De,E3f, are out of character with the site or property,or may alter its setting. E3g,E3h, C2,C3 The proposed action may result in a loss of r El 11. Impact on Open Space and Recreation p p y recreational opportunities or a O YES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c,E.l.c., E.2.q.) If"Yes", answer_questions a-e. I "No", o to Section 12. �..... _..... �.._ � Relevant _ No,or Moderate derate Part I small to large Question(s) impact impact may ma occur occur a.The proposed action may result in an impairment of natural functions,or"ecosystem D2e,Elb k7l ❑ services",provided by an undeveloped area,including but not limited to stormwater E2h, storage,nutrient cycling,wildlife habitat. E2m,Ego, E2n,E2 b.The proposed action may result in the loss of a current or future recreational resource. C2a,EI c, 10 ❑' C2c,E2_.q._......_., c.The proposed action may eliminate open space or recreational resource in an area C2a,C2c m ❑ with few such resources. Elc,E2q d.The proposed action may result in loss of an area now used informally by the C2c,Elc 0 El community as an open space resource. e. Other impacts: ❑ ❑ 12. Environmental on Critical En Areas Impact viron ......__...__. _._._. .. � _..�m. � ..__.._ p _ m The proposed action may be located within or adjacent to a critical NO YES environmental area(CEA). (See Part 1. E.3.d) If"Yes", answer questions a- Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may result in a reduction in the quantity of the resource or E3d m characteristic which was the basis for designation of the CEA. b.The proposed action may result in a reduction in the quality of the resource or E3d ❑ characteristic which was the basis for designation of the CEA. c.Other impacts: ..... .......,. - - — Page 7 of 10 d.The proposed action may result in light shining onto adjoining properties. D2n 0 El e.The proposed action may result in lighting creating sky-glow brighter than existing 132n,El 0 El area conditions. ---- ....................�. n ....m f.Other impacts: ❑ El 16. Thepropos d aImact on ct ion may an havean impact on humanf p �.- ©m m health from exposure NO YES to new or existing sources of contaminants. (See Part 1.D.2.q.,E.1. d. f.g. and h.) Lf Yes answer questions a-m. IfNo", o to Section 17. m_._ _.� ........., . a ..__ Relevant —_— nt No,or Moderate Part I small to large Question(s) impact impact may _. ........_.._ .... ._'.. ma cY ccur occur a.The proposed action is located within 1500 feet of a school,hospital,licensed day Eld ❑ care center,group home,nursing home or retirement communitym.. w .w_w _ ............... b.The site of the proposed action is currently undergoing remediation. Elg,Elh ❑ ❑ c.There is a completed emergency spill remediation,or a completed environmental site Elg,Elh remediation on,or adjacent to,the site of the proposed action. d.The site of the action is subject to an institutional control limiting the use of the Elg,Elh 0 roe (e.g.,easement or deed restriction). e.The proposed action may affect institutional control measures that were put in place Elg,Elh ® ❑ to ensure that the site remains protective of the environment and human health. f.The proposed action has adequate control measures in place to ensure that future D2t ❑ ❑ generation,treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g.The proposed action involves construction or modification of a solid waste D2q,Elf ® ❑ management facility. h.The proposed action may result in the unearthing of solid or hazardous waste. D2q,Elf ❑ ❑ i.The proposed action may result in an increase in the rate of disposal,or processing,of D2r,D2s solid waste. d action may prop osed ro ..._....-.�..�............._. _... -. .. �... ....._ j.The p p y result in excavation or other disturbance within 2000 feet of Elf,Elg ® ❑ a site used for the disposal of solid or hazardous waste. Elh k.The proposed action may result in the migration of explosive gases from a landfill Elf,Elg ❑ ❑ site to adjacent off site structures. 1.The proposed action may result in the release of contaminated leachate from the D2s,Elf, ❑ ❑ project site. D2r in.Other impacts: _ _..�____ ❑ Page 9 of 10 e.The proposed action may cause a change in the density of development that is not C3,DIc El AgencyUse0sily 111'Appslicahlc� Project Tuthill Conservation Subdivision Date 0 7/0 71201 5 Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. See attached document. Determination of Significance - Type I and Unlisted Actions SEQR Status: � Type 1 ❑Unlisted Identify portions of EAF completed for this Project: 0 Part 1 ©Part 2 ©Part 3 Upon review of the information recorded on this EAF,as noted,plus this additional support information and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the a Board as lead agency that: Town of Southold.p'1�p? il.i..,w. ...... .. ..... _.�... �......m.� ❑ A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617A). ❑✓ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. ......... ... Name of Action: Tuthill Conservation Subdivision Name of Lead Agency: Town of Southold Planning Board Name of Responsible Officer in Lead Agency: Donald Wilcenski Title of Responsible Officer: Chair Signature g p Officer in Lead Agency Date Nola ^�.w Signature of Preparer(if different from Responsible Officer) a Date: For Further Information: Contact Person: Mark Terry Address: P.O.Box 1179,5309 State Road 25,Southold,New York 11971 Telephone Number:631-765-1938 E-mail: Mark.Terry@town.southold.ny.us For Type I Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: http:Hwww.dec.ny.gov/enb/enii htrnl PRINT FULL FORM Page 2 of 2 The ENB SEQRA Notice Publication Form -Please check all that apply Reset Form Deadline:Notices must be received by 6 p.m. Wednesday to appear in the following Wednesday's ENB Negative Declaration -Type I Draft EIS with Public Hearing Conditioned Negative Declaration Generic Supplemental Draft Negative Declaration Final EIS ✓ Positive Declaration _ Generic with Public Scoping Session Supplemental DEC Region# County - Lead Agency Planning Board 1 : Suffolk The Town of Southold Project Title: „Tuthill Conservation Subdivision Brief Project Description: The action involves . . . This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s 1000-17-4-16, 1000-17-6-14.2,1000-18-3-30.3 and 1000-18-6-17.3(total area=112 acres)into 17 residential lots,with 94 acres to be preserved.This project proposes the transfer of yield pursuant to§240-42 G of the Southold Town Code. SCTM#1000-17-4-16(North Dyer)equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7-0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 5.7 acres of unbuildable lands. SCTM#1000-17-6-14.2(South Dyer)equals 35.3 acres proposed to be subdivided into 5 lots and includes a reserve area for agricultural related use where the lots range in size from 0.5-0.9 acres;property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 14.6 acres of unbuildable lands. SCTM#1000-18-3-30.3(North Brown)equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7-0.8 acres.This property includes a 1.3 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM#1000-18-6-17.3(South Brown)equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres.This property includes 25.5 acres of open space inclusive of 0.62 acre of unbuildable lands. Project Location(include street address/municipality): NYS Rte 25 Orient,New York Contact Person: Mark Terry,Principal Planner Address: Southold Town Annex -City: Southold State: NY Zip: 11971 Phone: w631 765 1938 Fax: 631 765-3136 E-mail: Call For Draft Negative Declaration/Draft EIS: Public Comment Period ends: For Public Hearing or Scoping Session: Date: / / Time: am/pm Location; A hard copy of the DEIS/FEIS is available at the following locations: s available at the following publically accessible web site: The online version of the DEIS/FEIS i � te: For Conditioned�Ne ative Declaration: . .g n: In summary, conditions include: Southold Town Plannin Board Work Session - Jul 6 2015 - Pa e 3 _. Project Name:-------, The Orchards 95 Orchard SCTM# 1000-27 1 3 Location:Description: This 25 - escnon � s proposal s for Clustered � Orient p p Standard Subdivision to subdivide a 13.3 acre parcel into five lots where Lot 1 = 9,33 acres including a 1.35 acre building envelope and 7,98 acres of preserved Open Space„ Lot 2 = 0,99 acres, Lot 3= 1.14 acres, Lot 4= 0,92 and Lot 5= 0.92 acres in the R-80 i Zoninct District; �� ..i ��.r ���� status: _ o nditional Sketch Approval _,. ,.. ..me _ �..�.... � Action: 5EQRADeteminaton m.. _. hments Staff Report ..,. ttac , .. _ ... Project Name: Tuthill Conservation Subdivision SCTM# 1000 17-4 16, 17 6 14 2, 18-3 mm _... . 30 3 18-6 17 3, 18 6-18 1 _ .._ Description: This proposal is for an 80/60 Conservation Subdivision of four parcels (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. SCTM#1000-17-4-16 (North Dyer) is located on the n/s/o NYS Route 25, approximately 366 feet west of Oysterponds Lane, in Orient. SCTM#1000-17-4-14.2 (South Dyer) is located on the s/s/o NYS Route 25, approximately 460 feet west of Oysterponds Lane, in Orient. SCTM#1000-18-3-30.3 (North Brown) is located on the n/s/o of NYS Route 25, approximately 2,223 east of Platt Road, in Orient. SCTM#1000-18-6-17,3 (South Brown) is located on the s/s/o NYS Route Road, in Orient 25, approximately 1 m960 feet ea st of Platt .... ,,., .... Status , Pendin ... . _.. Action SEQRA Determination _ eport _. . . Attachments Sta Location: 21 .. M#: 1000-143-1-4 1 Project name + Noone Maur aret , S 0 Siasbee Road, uck -2-lot subdivision mm This ro osal is for a standard Matti tuck Description; p p of a 21,000 sq. ft. parcel where Lot 1 = 10,501 sq. ft. and Lot 2 = 10,500 sq. ft, in the R-40 & B Zoning Districts. Status: Ex fired Sketch Plat Approval ­­,­ R . Action: eview Extension of Sketch Approval request _. m.. and for Preliminary Plat completeness. Attachments: Staff Report 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 Tuthill OysteMonds Holding Company lUJ U 2. Suffolk County Tax Map# 473889 17.4-16 (North Dyer) JUL 3 2014 473889 17.-6-14.2 (,South Dyer) 473889 18.-3-30.3 (North Brown) Southold Town 473889 18.-6-17.3 (South Brown) Planning Board 473889 18:6-18.1 (South Brown) 3. Type of Subdivision Standard[ ] Conservation [x—80/601 Open Development Area[x] 4. Hamlet Orient 5. Street Address/ North Dyer—21505 Route 25 (21.1) Project Location South Dyer—21920 Route 25 (35.4) (Tax Map Acreage) North Brown—26975 Route 25 (28.64) South Brown—7685 Narrow River Rd. (26.68.) South Brown—8070 Narrow River Rd. (0.6) 6. Acreage of Site —112 acres 7. Proposed Yield 17 Lots 8. Number of Lots Proposed 17 Lots 9. Zoning District All 5 parcels in R-80 Zoning and some of South Brown is also in R-200 10. Date of Submission June 26,2014 11. Please provide the names,addresses and phone numbers for the following people: Applicant/ Tuthill Oysterponds Holding Company. Property Owners: Managing Directors: Ruth and Reginald Tuthill: PO Box 86,Orient,NY 11957. 631-323-3558 Carol and Lyle Tuthill: 1220 Peninsula Drive:Tavares FL 32778.513-310-3789 Surveyor: Nathan Taft Corwin III: PO Box 16:Jamesport NY 11947 Engineer: Jeffrey Butler: PO Box 634; Shoreham,NY 11786 Agent: N/A October 9,2013 Attorney: N/A 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.This is the first application 13. Has a pre-submission conference been held with the Planning Board?If so,provide date.Oct. 1,2012 14. Does the parcel(s)meet the Lot Recognition standard in the Town Code Chapter 280-9 Lot Recognition? Yes x No If"yes",explain how. Deeds for Parcels 15. Has the owner/applicant met with Land Preservation?If so provide date. Melissa Spiro: 10/2009.7/2010, 12/2010, 11/2011 7/2012 9/2012 11/2011•John Sep 11/2011 16. Is any part of the property in agricultural use? ^yes If so,how many acres? 52.8 17. Is there an existing or proposed sale of development rights on the property?Proposed 18. Does the owner own any adjacent properties?If so,please indicate the properties by SCTM#: None 19. Are there any building permits pending on this property? No If yes,please provide permit number(s) 20. The site will be serviced by the following special districts or utility companies: Fire District Orient/East Marion Post Office Orient School District Oystgrponds/Greenport Water Wells on the properties 21. Has LIPA or Keyspan been notified of the proposed subdivision?If so,please provide proof that service will be provided.Not notified because no immediate development is planned 22. Please indicate the type of open space proposed and how it will be managed? 80160 Conservation Subdivision Open Development Area Open space will primarily be used for agriculture and aquaculture and will be managed by the Tuthill Oysterponds Holding Company as the HOA.Oversight will be provided by Southold Town. 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? North Dyer. One house,two Auxiliary buildings:South Dyer: Lathams Farm Stand small Aquaculture storage shed;North Brown: one Auxiliary building;South Brown—none All structures will remain and be kept in good repair. 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 Chapter 240- 1013 (2)(c)for options)Conservation Subdivision therefore no units required/planned 25. Application completed by [x]owner* [] agent [x]other— *by Managing Director of owner:Tuthill Oysterponds Holding Company Signature of Preparer 044 Z 4a Date Carol Tuthill October 9,2013 umoa8 ujnoS z � 3 17 -14 IN �kw , A a r } �i k , :. , l l V , v IR M S• 4 rig _ P 1\ \\ At s _ � r i� u , F; ^ , g +- F Y..4 ti♦ k Y ,. ti a , m � � ♦ w a + F Wti Zvi� .- ♦. ;; ♦ , t � 1. 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Treiber 230 Oyster Ponds LLC f w>1NM PO Box 236 Co V I Orient, NY 11957 516-403-3434 JL) 1 oulbuld Town tit nWnp Board June 30, 2015 Town of Southold Zoning Department 54375 Route 25 PO Box 1179 Southold,NY 11971 Dear Sirs: As a local homeowner on Oyster Ponds Lane I am strongly opposed to any subdivision on the south side of the North Road. Sincerely, 3,)ctS. Treiber Peter S. Treiber 310 Oyster Ponds Lane F` Orient,NY 11957 516-403-3434 ti , 163 R � E June 15, 2015 Town of Southold L Zoning Department I VI 54375 Route 25 JUN 18 2015 PO Box 1179 Southold NY 11971 thofd To ' e_ : PINnIng,ftr Dear Sirs: As a local homeowner on Oyster Ponds Lane I am strongly opposed to any subdivision on the south side of the North Road. Sincerely, r r r RECEIVED w I rr rr +r tl� BOARD OF APPEALgA _ ,✓✓ w 1 Ar rl 41 „ V ' w I� Via E-mail and U.S. Mail JU NJ 5 l Mr. Mark Terry June 10, 2015 P.O. Box 1179 Pteriffin� rrt TownBoard Southold,NY 11971 pi- "ei �� Re: Phase 1B Archeological Assessment of North Brown Parcel Included In Proposed Conservation Subdivision for Tuthill Oysterponds Holding Company SCTM#1000-18-03-30.3 Zoning Districts: R-80 Dear Mr.Terry: This requests Planning Board agreement to do limited land clearing to complete the Phase 1B Archeological A.ssessinetA required for the proposed "I"Lrthill Oysterponds Holding Company Cot°rservatiora Sr�lbdivis�iora. This limited clearing is only needed or�a the heavily wooded sections of tfre Nor di Brown parcel along the lnaast borindary wlier°e the right of"way would be located and the areas where potential lrorrse lots would be sited. The field team from Tracker needs to take soil samples every 50'in the potential areas for house lots and right of ways. They have no issues in obtaining the samples on South Brown, or North and South Dyer. However, despite their best efforts,they were not able to access the designated areas on North Brown due to the significant overgrowth of shrubs,vines and trees. Given the extensive area involved (-300,000+square feet),it is not practical to clear the needed paths by hand.They have asked us to clear 10'-15'paths every 50'in order to provide them the access they need. We have identified a Landscaper in our area,who has the equipment do the work. He will do this with the minimum possible amount of disruption to the environment,including going around any large trees in the target area. Tracker would like to complete their investigation on North Brown as quickly as possible since they are beginning an extensive project in the next few weeks and don't want to delay us. We appreciate your help in asking the Planning Board for their timely decision on this matter. U Sincerely, ,t Carol Tuthill Managing Director Tuthill Oysterponds Holding Company cc: Managing Directors Tuthill Oysterponds Holding Co. Reginald, Ruth,and Lyle Tuthill Southold Town Planning: Heather Lanza,Aly Sabatino Tracker:Alfred Camissa Surveyor: Nathan Corwin MAILING ADDRESS: PLANNING BOARD MEMBERS �pF SO[/j P.O.Box 1179 DONALD J.WILCENSKI hOVv ®lam Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS cn Town Hall Annex PIERCE RAFFERTY ® yp 54375 State Route 25 JAMES H.RICH III Ol� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR 40UN 1�,�`C•V_ Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD Via E-mail & U.S. Mail April 27, 2015 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, New York 11957 Re: Proposed Conservation Subdivision for Tuthill Oysterponds Holding Company SCTM#1000-17-4-16 Zoning Districts: R-80 & R-200 Dear Mr. Tuthill: In response to our phone conversation regarding possible development locations to conduct the required Phase 1 B Cultural Assessment, as recommended by the Office of Parks Recreation and Historic Preservation, please find the attached maps with the areas of potential development outlined in red. Please note that these general locations are offered as a courtesy following your request to us to identify all possible development areas. They are not drawn to scale. The final location of the development areas are subject to change after the Board's full review of your application, and could potentially be located outside the areas noted. If you have any questions, please do not hesitate to contact this office. Very truly yours, XaN6kl'� Alyxandra Sabatino Planner cc: Melissa Spiro, Land Preservation Coordinator I Via E-mail and U.S. Mail MAR 2 5 2015 Mr. Mark Terry Southold Town March 24, 2015 P.O. Box 1179 Punning Board Southold, NY 11971 Re: March 13, 2015 Letter from Planning Board Regarding Phase 1B Cultural Assessment for Proposed Conservation Subdivision for Tuthill Oysterponds Holding Company SCTM#1000-17-4-16 Zoning Districts: R-80 &R-200 Dear Mr.Terry: This confirms the Tuthill Oysterponds Holding Company has contacted Tracker Archeological Services, Inc. requesting them to do the Phase 1B Cultural Assessment for our proposed Conservation Subdivision. They are in the process of putting together a proposal for this work that will include cost and timing estimates. Tracker indicated our project would likely be more extensive than is typical since the location of the lots/building envelopes and Right-Of-Ways is not yet finalized.This reflects the nature of an Open Development Area and the stage of the process we are in.To address this,Tracker suggests we cover the full area of the proposed lots and Right-Of-Ways as well as any potential areas where we could be asked to move lots and/or Right-Of-Ways.Any help we could get from the Planning Board to narrow the potential location changes would help us to complete the Cultural Assessment faster and at a lower cost to us. Tracker has informed us that there are other projects that must be completed before beginning our work.Also, our proposed lots and Right-Of-Way locations must be staked by the surveyor, and the ground must be soft enough to dig out the soil samples. Net,we may be looking at May/June before the work can begin. Given this situation,we are requesting the Planning Board to keep our Application Open/Active until we can complete this work.As soon as we get the Tracker Proposal,we will update you regarding the final timing estimate. We appreciate your on-going support and partnership with us in pursuing our Conservation Subdivision Project. Sincerely, Carol Tuthill Managing Director Tuthill Oysterponds Holding Company cc: Managing Directors Tuthill Oysterponds Holding Co. Reginald, Ruth, and Lyle Tuthill Sob-. Terry, Mark From: James Garretson <jgaoti@aol.com> Sent: Saturday, March 21, 2015 4:15 PM To: regandruth@northfork.net;Terry, Mark MAR 2 3 2015 Cc: 1GAOTI@aol.com i Subject: Re: South Dyer Lots, Orient N.Y. SOLtho'i 1�;7,1 Planning B-oard Regi and Mark, If you still require a "Viewshed Analysis",we will need another co,psultant.The firm I was assuming would take over this project has decided they can no longer continue. I was hoping that Mark would know of a consultant we could contract to take over this project. We could than have a transition meeting and get things back on track. I would also like an update on where this project stands. I've been informed that this project will have to come before Landmarks? Hope to hear from you soon, Thx, J James Garretson AIA 39 Broadway,Suite 1110 New York, NY 10006 212-316-3882 Cell 917-748-1174 Sent from an IPad 1 MAILING ADDRESS: PLANNING BOARD MEMBERS QF so(/l P.O.Box 1179 DONALD J.WILCENSKI Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex PIERCE RAFFERTY �O 54375 State Route 25 JAMES H.RICH III ��` p (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR C� p Southold,NY Telephone:631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD Via E-mail& U.S. Mail March 13, 2015 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, New York 11957 Re: Proposed Conservation Subdivision for`Tuthill Oysterponds Holding Company SCTM#1000-17-4-16 Zoning Districts: R-80 & R-200 Dear Mr. Tuthill: The Planning Board, at their March 9, 2015 Work Session, accepted the recommendation of the Division for Historic Preservation of the Office of Parks, Recreation and Historic Preservation (OPRHP) Cultural Resource Information System (CRIS) to require a Phase 113 Cultural Assessment for all areas that would result in potential ground disturbance. Official correspondence from the office was received on March 12, 2015 and is attached. Information on the Phase 1 B Cultural Assessment can be found at: http //parks ny gov/shpo/environmental review/documents/PhaselReportStandards.pdf If you have any questions, please do not hesitate to contact this office. Very truly yours, 7 ark Terry Principal anner cc: Melissa Spiro, Land Preservation Coordinator Encl. Letter, dated 3/12/15, from Tim Lloyd, Office of Parks, Recreation and Historic Preservation Niw�rorrt�c Parks,Recreation and HistorIc Preservation ANDREW M.CUOMO ROSE HARVEY Governor Commissioner U� C' „�I-1 b March 12, 2015 ftPlanning Mr. Mark Terry Principal Planner Town of Southold Planning Department 54375 State Route 25 Southold, NY 11971 Re: DEC 80/60 Conservation Subdivision Open Development Area Tuthill North Dyer, South Dyer, North Brown, and South Brown Parcels, Southold, NY 14PR04296, 15PR00026, 15PR00025, and 15PR00024 Dear Mr. Terry: Thank you for requesting the comments of the Division for Historic Preservation of the Office of Parks, Recreation and Historic Preservation (OPRHP). We have reviewed the submitted materials 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(5NYCRR Part 617). We have reviewed the report entitled, "Phase IA Archaeological Documentary Study for the Proposed Tuthill Subdivision, Orient, Town of Southold, Suffolk County, New York" (March 2011). OPRHP concurs with the report recommendation,that a Phase IB archaeological investigation is warranted at each of the four parcels, prior to any proposed development that will involve ground disturbance. If further correspondence is required regarding any of these four projects, please refer to the respective OPRHP Project Review(PR) numbers noted above. If you have any questions, I can be reached at 518-268-2186. Sincerely, Tim Lloyd, Ph.D., RPA Historic Preservation Specialist-Archeology timothy.11oyd@parks.ny.gov via e-mail only Division for Historic Preservation P.O.Box 189,Waterford,New York 12188-0189•(518)237-8643•www.nysparks.com MAILING ADDRESS: PLANNING BOARD MEMBERS �r4F so P.O. Box 1179 DONALD J.WILCENSKI ��� �!_ Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex PIERCE RAFFERTY pQ 54375 State Route 25 JAMES H.RICH III MARTIN H.SIDOR �iyCVU�'�1�� (cor.Main Rd. &Youngs Ave.) Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 10, 2015 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: Extension of SEAR Time Frat>t8. x.4. osed..Conservation Subdivision Open Development Area for the Tut '111 ads Holding Company r approximately North Dyer& North Brown awl /s/o NYS Route 25, app y 36Q' w/o Oysterponds Lane:,& �21723' e%o Platt Road respectively.. South;Dyer and South Br he s/s/o NYS Route 25, approximately 460' w/o Oyste�prc�r tam approximately 1,960' e%o Platt Road, respectively. All properties ere-located in Orient. SCTM#1000-17-4-16, 17-6-14.2, 18-3-30.3 and 18-6-17.3 Zoning District: R-80 & R-200 ; Dear Mr. Tuthill: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, March 9, 2015: WHEREAS, this proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240-42 G of the Southold Town Code, and is further described as follows: SCTM#1000-17-4-16 (North Dyer):equals•21, acres proposed to be subdivided into 6 lots where the lots range in.size from 0.7 - 0.9 acres. This property includes a 0.7 acres private right-af:way and 15.6 acres of preserved subdivision open space inclusive of 5.7 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer)'equals 35.3 acres proposed to be subdivided into 5 lots and includes a reserve area for agricultural related use where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 14.6 acres of unbuildable lands. Tuthill 21Pa...9e ......... March 10 , 2015 SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acre of unbuildable lands; and WHEREAS, on January 12, 2015, the Southold Town Planning Board took Lead Agency and classified the proposed Conservation Subdivision as a Type I Action pursuant to State Environmental Quality Review (SEQR); and WHEREAS, §617.6 (b)(3)(ii) of the SEQR law requires that the Planning Board determine significance of the action within 20 days of taking Lead Agency if all materials have been submitted to reach a determination; and WHEREAS, at this time, the Planning Board has not received the Visual Impact Study which is an integral part of SEQR review and needed to make a determination; and WHEREAS, §617 of the SEQR law states that a time frame can be extended by mutual agreement between an applicant and the lead agency, and WHEREAS, the Southold Town Planning Board and the applicants have mutually agreed to extend the SEQRA time frame stated in a letter received by the Planning Board dated January 19, 2015; be it therefore RESOLVED, that the time frame to reach a Determination of Significance has been mutually extended to allow the applicant sufficient time to submit additional materials. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J ilcenski Chairman WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, March 9, 2015 4:00 p.m. Southold Town Meeting Hall 3:30 p.m. Executive Session 4:00 p.m. Applications 5:45 p.m. Review Public Meeting Agenda ---.._...._..._—._......._._......—__-_-.._...----...—......._.—---- --—..__—.—__— -.—.. -- Project Name: 1 Tuthill Conservation Subdivision j SCTM#: 1000-1.- 7-4-16, 17-6-14.2, 18-3-I 30.3, 18-6-17.3, 18-6-18.1� Description: This proposal is for an 80/60 Conservation Subdivision of four parcels I (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. SCTM#1000-17-4-16 (North Dyer) is located on the n/s/o NYS Route 25, approximately 366 feet west of Oysterponds Lane, in Orient. I SCTM#1000-17-4-14.2 (South Dyer) is located on the s/s/o NYS Route 25, approximately 460 feet west of Oysterponds Lane, in Orient. SCTM#1000-18-3-30.3 (North Brown) is located on the n/s/o of NYS Route 25, approximately 2,223 east of Platt Road, in Orient. SCTM#1000-18-6-17.3 (South Brown) is located on the s/s/o NYS Route 25, approximately 1,960 feet east of Platt Road, in Orient. Status: Pending Action: Preliminary referral review & SEQRA discussion. Attachments: Staff Report — Project Name: The Orchards SCTM#: 1 1000-27-1-3 Location: 2595 Orchard Street, Orient Description: This proposal is for a Clustered Standard Subdivision to subdivide a 13.3 acre parcel into five lots where Lot 1 = 9.33 acres including a 1.35 acre building envelope and 7.98 acres of preserved Open Space, Lot 2 = 0.9 acres, Lot 3= 1.14 acres, Lot 4= 0.92 and Lot 5= 0.92 acres in the R-80 _1 Zoning District. Status: _ Conditional Sketch Approval Action: I SEQRA Classification. Attachments:__.—__._.�Staff Report ----_._._—_—.-- ---------...—____-- _-_.__— i Project name_-_ Ski Standard Subdivision f SCTM#: 1000-10-10-8.1 Location: On the corner of Montauk & Oriental Avenues, approximately 1,800' east __...._......_._...........__._....._.._.__._of Peninsula Road, Fishers Island_.._..—...........__....___...____._.___._.__.__ Description: ' This proposal is for a Standard Subdivision of a 4.98 acre parcel into two lots where Lot 1 = 3.05 acres and Lot 2 = 1.93 acres located in the R-80 Zoning District........ _.__...._._.._....._........_._.................__....._. - ---.._. _..---._..__..__._._...__................_._.._........_..._...__.............................__.... Status: _....._._.._........._._.._. Conditional Sketch Approval_ __---.._._................__......._.._......._................._...._......_........._ ' Action _..._......._........................_. _. _ .Review Revised Preliminary Plat Landscape Plan and SEQR _................_._..__...._ Attachments: Staff Report..................... _._.__._. ........---........_.. _....... Southold Planning Department Staff Report Subdivision Application Work Session Review Date March 9, 2015 Prepared By: Aly Sabatino I. Application Information Project Title: Tuthill Oysterponds Holding Company Applicant: Tuthill Oysterponds Holding Company Date of Submission: July 3, 2014 Tax Map Number: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Project Location: 21505 Route 25 Hamlet: Orient Zoning District: R-80 & R-200 II. Description of Project Type of Subdivision: 80/60 Conservation Subdivision Acreage of Project Site: North Dyer: 21.1 acres South Dyer: 35.4 acres North Brown: 28.75 acres South Brown 26.92 acres-Total of 112 acres # of Lots Proposed: 17 III: Status Pending IV: Action to review Preliminary Referral Review V: Analysis • Applicant is proposing a split cluster 80/60 Conservation Subdivision that incorporates SCTM# 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18- 6-17.3. This transferring of yield is allowed pursuant to §240-42 G of the Southold Town Code. Suffolk County Planning Commission: Consider the application a matter for local determination and the Commission has no objection to the Town assuming Lead Agency. The Commission offered the following comments: 1. The creation of landlocked lots should be avoided; lack of direct access to a public road could result in the health, safety and welfare problems for the future Southold Planning Department Staff Report residents of the landlocked lot; not to mention potential disputes over the use and maintenance of any right-of-way over an adjacent parcel. 2. A right-of-way of 50 feet suitable for future dedication should be created where common access or private road is proposed to serve three or more lots. New York Department of Transportation (DOT): The DOT offered the following comments: 1. Highway Work Permits will be required prior to performing any work in the NY 25 right-of-way, including but not limited to access, sidewalk, curb, drainage, landscaping, utility installation, etc. 2. In order to progress a detailed review of each site, we recommend that the design professional consult our driveway policy manual which is available on our website. 3. Sidewalk and pedestrian ramps should be considered along the NY 25 frontage for all locations, if not currently in place. If necessary, existing sidewalk should be reconstructed so that it is complaint with Americans with Disability Act (ADA) standards. The recommended sidewalk width is five (5) feet. 4. DOT policy and standards calls for five (5) feet offset from driveway radius to adjacent property lines. 5. Site access should be considered from local roads, where applicable. 6. For the North Dyer. South Dyer and North Brown sites, the proposed driveway right-of-way should be increased to fifty (50) feet to accommodate the proposed subdivision street design requirements for access to NY 25. Consider realigning the North Brown subdivision lot so that access is though North View Drive. 7. For the South Dyer site the farm stand access appears different on Google Earth maps than what is depicted on the submitted plan sheet. The farm stand access does not appear to conform to our access requirements for State highway access and should be modified as part of this project to meet current NYSDOT Design guidelines for access to NY 25. Orient Fire District: The Board of Fire Commissioners offered the following comments: 1. Prior to building on any of the parcels except South Brown (1000-18-6-17.3), the Fire District requires that the subdivision have either a 10,000 gallon per minute draft well with a maximum 15' depth to water. Any wells over 15' depth to water must be electric. There must be 15' area of access around the tank or well. Installation should be placed as noted on the attached Sketch Plans. 2. The Fire District must be contacted for specifics on well or tank fittings. 3. All parcels except South Brown must have larger sized cul-de-sac end of road turn-arounds, at least 25' wide to allow fire truck access and turn around space. 4. All roads must be maintained to have 15' by 15' clearance as per Town Code. 2 Southold Planning Department Staff Report Suffolk County Department of Health Services (SCDHS): (Letter dated November 5, 2014) The agency does not have an interest in assuming Lead Agency for this application and offered the following comments: 1. SCDHS has not received an application for the proposed application. 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. 2. 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 Heath Department approval. Design and flow specification, 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. (Letter dated February 23, 2015) The agency has no objection to the Southold Planning Board's designation as Lead Agency. The SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems, pursuant to the authority and requirements of Articles 4, 5, and 6 of the SCSC. Applications must comply with all relevant density and construction standards for water supply and sewage disposal. Applicants should not undertake the construction of or connection to either system without Heath Department approval. Department of Environmental Conservation (DEC): The Department has no objection to the Town of Southold Planning Board assuming lead agency status for this action. The DEC offered the following comments: 1. The subdivision of land within the jurisdiction of Article 25 (Tidal Wetlands) will require a permit form this Department. In addition, the subsequent development of any parcels located within the jurisdiction of Article 24 or Article 34 (Freshwater Wetlands and Coastal Erosion Hazard Areas, respectively) will also require DEC permit(s). As such, include the DEC as an involved agency in your SERQ review process. Office of the Town Engineer: "The preliminary review of the Tuthill Conservation Subdivision shows that the Planning Board is considering a 25' ROW when there are 5 or more lots served. (50' ROW is required) Please keep in mind that the Planning Board may, with the approval of the Superintendent of Highways, approve a minimum right-of-way width of not less than 25 feet in this case. 3 Southold Planning Department Staff Report In this case, a 25' ROW may be approved but, to qualify, the site is subject to a requirement that a subdivision would have an overall density of R 200. This density requirement appears to be stretched in this case because the Board is looking at 4 independent properties in an effort to come up with the required density. I do realize that we are dealing with environmentally sensitive properties and spectacular panoramic view sheds that should be preserved here in Southold Town. If this scenario is approved by the Highway Superintendent, as well as the Town Attorney, I see no reason to challenge the Planning Boards reasoning behind it. If Mr. Orlando or Mr. Finnegan have any questions or if you need any additional review regarding this matter, please contact my office." Southold Town Board of Trustees: The Trustees offered the following comments: All development activities on the proposed plots are non-jurisdictional under Chapter 275 of the Town Code (Wetlands & Shorelines) and Chapter 111 (Coastal Erosion Hazard Areas) except the access path to the Long Island Sound on the North Dyer plot, which would require a Southold Town Wetlands Permit from the Trustees' office. Additions or changes to the maps which might, among other things include additional access paths, stairs, catwalks and docks would likely require permits under the aforementioned Codes that the Trustees would respectfully request to comment on prior to final Planning Board approval. Office of Parks Restoration and Historic Preservation OPRHP: The OPRHP offered the following comments: 1. The project is adjacent to properties that have been determined to be potentially eligible as part of an historic district along NY Route 25. Please document any adjacent property 50 years of age or older. Documentation should include original photos of each exterior elevation, construction date if know, current address and comments about current condition. A brief history of each property would also be appreciated. 2. A Phase 1 B archeological investigation is warranted prior to any proposed development that will involve ground disturbance. Agricultural Advisory Committee: The Agricultural Advisory Committee has offered the following comments: 1. North Dyer has no appreciable agricultural value that would yield a response from the Committee. 4 Southold Planning Department Staff Report 2. The lot on South Brown is presented to take up too much farmland as an estate lot and is recommended that the reserve lot be located on Route 25 or on the North Brown parcel in the woods to leave South Brown as preserved farm land. The alternative view is that South Brown be divided into two, with two reserved lots, the second lot coming from South Dyer. The future farm lot size in Southold will need to be considerably smaller than today for agriculture affordability, i.e. far greater intensive use demanding high capital investment requiring on-farm generated cash flow from value-added processing of the raw crops. 3. South Dyer has a preponderance of prime soils (Haven Silt Loam). Excess topsoil removed for residential construction should be property removed to the North Brown agricultural area to replenish the more sparse soils on that parcel. The committee has also recommended moving the northwest proposed property lines into the existing farm road to minimize the loss of prime agricultural soils. 4. The Committee is concerned with currently septic system technology, especially for five new lots may have an impact on water quality in the down slope creek for mariculture/aquaculture farming. This would be a good site for new technology to mitigate effect on the estuary. Land Preservation The comments from the Land Preservation Committee are attached to this staff report. • Agencies from which comments have been requested and have not yet been received: 1. Local Water Front Revitalization Program (LWRP). This response has not been received because more information is needed to complete the review. VI: Staff Recommendations 1. Accept the recommendation from the Office of Parks Recreation and Historic Preservation (OPRHP) stating that a Phase 1 B archaeology survey is warranted for all areas of disturbance. 2. The Board is currently waiting for the applicant to submit a Scenic Viewshed Analysis and has adjourned the Public Hearing until the analysis is submitted for Planning Board review. It is recommended that the Board wait to make any additional decisions on the recommendations from the referrals until SEQR is further along and all public comment has been collected. 5 Southold Planning Department Staff Report Please note that the referral comments will be revisited in more detail after the hearing is closed. 6 offOt�' Town Halt,53095 Main Road Chris Baez,Chairman "'` + P.O.Box 1179 Karen Rivara Southold,New York 11971 Doug Cooper � S641 John B.Sepenoski '�Ol `� PSI 4L t NIT-, john P.Jim Glover nn E l`J E � U E Leander Glover U Tom Stevenson AGRICULTURAL ADVISORY COMMITTEE MAR 6 4 2015 Bob Van Bourgondien Bill Ruland,Town Board Liason Southold Town Planning Board Heather Lanza, Director February 19,2015 Planning Department,Town of Southold Capital One Bldg,Town Hall Annex Southold, NY 11971 Re: Proposed Conservation Subdivision Open Development Area—Tuthill Ovsterponds Holding Co. The Agricultural Advisory Committee, per your department's request for comment and review, has met with your staff on February 4 and again in its following meeting on February 18 to discuss the captioned property proposal. As a group, the four parcels—South Dyer, North Dyer, South Brown, & North Brown—are each unique, and therefore present individual long-term ultimate uses. North Dyer has no appreciable agricultural value,yielding a response from this Committee of standing as presented.The same can be said of North Brown,other than is noted below. South Brown presents a divergent set of views. On the one hand,as presented,the lot site is deemed to take up too much farmland as an estate lot. It is recommended that the reserved lot be located to Route 25 or on the North Brown parcel in the woods to leave South Brown as preserved farm land. The alternate view is that South Brown should be divided in two, with two reserved lots, the second lot coming from South Dyer.The future farm lot size in Southold will need to be considerably smaller than today for agriculture affordability, i.e. far greater intensive use demanding high capital investment requiring on-farm generated cash flow from value-added processing of the raw crops. South Dyer has a preponderance of prime soils(Haven Silt Loam). Excess topsoil removed for residential construction should be properly removed to the North Brown agricultural area to replenish the more sparse soils on that parcel. other recommendations froni a omm� ee me u e moving a no wes proposed property lot lines in to the existing farm road to minimize loss of prime soil areas to lawns from agriculture. The other principal concern was that current septic system technology, especially for five new lots may have an impact on water quality in the down slope creek for mariculture/aquaculture farming. This would be a good site for new technology to mitigate affect on the estuary. Likewise, of any of the four parcels, South Dyer could be reduced by one lot — going to South Brown — to reduce the residential development impact on prime soils and estuary concerns. On behalf of the Committee, OFFICE LOCATION: MELISSA A.SPIRO a SoUry� Town Hall Annex LAND PRESERVATION COORDINATOR �p 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road&Youngs Avenue) Southold,New York Telephone(631)765-5711 G Q Facsimile(631)765-6640 MAILING ADDRESS: P.O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD P�t(��4-�., T�p,�22g TO: Alyxandra Sabatino, Planner E U L5 FROM: Melissa Spiro, Land Preservation Coordinator MAR 0 4 2015 Southold Town DATE: March 4, 2015 Planning Board RE: Land Preservation Committee Review of Proposed Conservation Subdivision Open Development Area (ODA) for Tuthill Oysterponds Holding Company SCTM#s 1000-17-4-16, 1000-17-6-14.2. 1000-18-3-30.3 & 1000-18-6-17.3 The Land Preservation Committee (LPC) has reviewed the Proposed Conservation Subdivision Open Development Area (ODA) for the Tuthill Oysterponds Holding Company in response to your January 29, 2015 referral letter. As described in the referral letter,the proposal is for an 80/60 Conservation Subdivision of four parcels, SCTM#s 1000-17-4-16, 1000-17-6-14.2, 1000- 18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. The project proposes the transfer of yield pursuant to §240-42 G of the Southold Town Code. The landowners have applied to the LPC for Town purchase of development right easements on all or part of the areas shown as "Open Space" in the proposed 80/60 Conservation Subdivision. The LPC serves as an Advisory Board to the Town Board, with one duty being to make recommendations on proposed acquisitions of interests in real property. The Land Preservation ReviewCommittee's review and comments dre outlined below. tdillb to the plans presented to the Planning Board on July 3, 2014. The Committee reserves the right to make additional comments upon review of the Visual Impact Study and upon any changes made to the proposed Conservation Subdivision. North Dyer, SCTM# 1000-17-4-16 The North Dyer property includes an existing house/barn, Main Road frontage, soils classified as prime and of statewide importance, varied topography, Munn Lake and Long Island Sound Page 1 of 5 Tuthill frontage. The current use is the residential dwelling and uses associated with it. The property is not used for agriculture and a significant part of the property is mature vegetation. The preservation areas designed as part of the 80/60 Conservation Subdivision include one preservation area incorporating the Main Road frontage and designed around part of the proposed existing residential dwelling lot and another proposed residential lot, and a second preservation area including Munn Lake, buffer areas and the LI Sound frontage. The LPC supports the proposed transfer of yield from the other Tuthill properties to the North Dyer or North Brown property as part of the overall 80/60 Conservation Subdivision. The transfer of yield is supported as a means to achieve maximum preservation of prime soils, active cultivated agricultural areas and, where applicable, scenic viewshed, as part of the overall 80/60 Conservation Subdivision design. The design of the preservation areas on North Dyer does not provide for public access to open space areas and, although the southerly preservation area contains prime soils, the design affords more of a buffer area than an area for viable agriculture. The LPC would not recommend preservation of this property as designed were it not included as part of the overall 80/60 Conservation Subdivision and if it did not contribute to the maximum preservation of prime soils, active cultivated agricultural areas and,where applicable, scenic viewshed. 1. LPC lot design comments: a. LPC recommends that one or more of the lots which are currently proposed on South Dyer and/or South Brown are transferred to North Dyer or North Brown. i. If additional lots are transferred to North Brown,the LPC recommends that at least one lot is placed to the north of proposed Lot 2. ii. If additional lots are not transferred to North Brown,the LPC recommends that proposed Lot 2 is moved to the north,within the area shown currently as 53,870 sq. ft. of Open Space, so that it is adjacent to proposed Lot 3, in order to create a less segmented block of Open Space. 2. LPC general use comments: a. Uses within the preservation areas must be clearly stated for appraisal purposes. The LPC will work with the Planning Board during the review process to determine: i. I agricu tura an associate c Baring o trees wi e a owe , an i so where; ii. Which areas will be considered non-disturbance areas; and iii. What uses will be allowed within the Main Road frontage preserved area which is currently maintained in a manner that is not categorized as agriculture or non-disturbed open space. b. The LPC reviewed the area within the proposed preservation area with Main Road frontage in regard to the placement of scenic viewshed restrictions. The LPC is not recommending any restrictions. Page 2 of 5 Tuthill c. It is assumed that one access point will be designed for access to LI Sound. If this assumption is correct, it should be clearly stated and identified as an allowed use within the preservation area. South Dyer, SCTM# 1000-17-6-14.2 The South Dyer property includes an existing farm stand, soils classified as prime soils, significant wetland/tidal creek area and Orient Harbor frontage. The current use is active agriculture, including aquaculture.The property is prioritized in the Town's Community Preservation Project Plan as land of exceptional scenic value. 1. LPC lot design comments: a. The proposed design includes a transfer of some of the overall 80/60 Conservation Subdivision yield to South Dyer. An 80/60 Conservation Subdivision involving the South Dyer property alone would not allow for 5 lots. The LPC does not recommend public acquisition of a development rights easement on this property if the overall design "lands" more lots than allowed in an 80/60 Conservation Subdivision for the property, or allows for a development area larger than allowed in an 80/60 Conservation Subdivision for the property.The proposed design does not achieve the overall purpose of transferring yield as a means to achieve maximum preservation of prime soils, cultivated agricultural areas and, as applicable for South Dyer, scenic viewshed protection.The LPC recommends that one or more of the lots which are currently proposed on South.Dyer are transferred to North Dyer or North Brown. b. The LPC understands the landowner's desire to create a maximum number of lots on the South Dyer property; however,the LPC does not believe that the proposed design achieves the overall purpose of transferring yield as a means to achieve maximum preservation of prime soils, active agricultural areas and, as applicable for South Dyer, scenic viewshed protection.The LPC would be more favorable to a design which lessened the number of lots and/or reduced the size of the residential development area below that of the minimum lot number and maximum development area permitted by the 80/60 Conservation Subdivision regulations, thus maximizing agriculture and scenic preservation. LPC recommends that one or more of the lots which are currently proposed on South Dyer are transferred to North Dyer or North Brown. c. The LPC understands that the landowner does not have access from the adjacent private r-o-w known as Rackett's Ct.; however it is recommended that the landowner pursue an agreement for access if this will result in an alternative design concept with less impact to the prime farmland. Page 3 of 5 Tuthill d. The LPC does not support the "landing" of the Subdivision Open Space (SOS) associated with the prior set-off(SCTM# 1000-17.-6-14.3). The intent was to cluster the prior set-off lot to preserve viable farmland. The "landing" of the SOS allows for a small area of active agriculture land/prime soils,to be combined with a residential lot which is not in.keeping with designing agricultural lots conducive to farming. 2. LPC general use comments: a. The LPC is in favor of the "agricultural development area" for the existing farm stand area and for such area to remain attached to the Easement area and restricted from any future residential development.The LPC will work with the Planning Board during the review process to clarify future uses allowed within this area and the mechanism to ensure same. b. The LPC intends to require significant structure and scenic restrictions within the easement area to protect the scenic view shed in a manner that does not negatively impact agriculture. L LPC recommends a concept of designing an Agricultural Structure Area(s) (not to be confused with the farm stand area) in the vicinity of the existing aquaculture area and on the east side of the Main Road frontage to accommodate future agricultural needs. ii. LPC recommends a restriction against"hedge row"type planting along the Main Road frontage. The LPC will work with the Planning Board during the review process on the concepts noted above in conjunction with review of the Visual Impact Study. c. It is assumed that a communal access will be designed for access to the Tidal Creek/Orient Harbor. This will need to be identified as an allowed use in the Preservation Easement; however the LPC intends to prohibit the establishment of a parking area within the Easement for bay access. North Brown, SCTM# 1000-18-3-30.3 North Brown includes Main Road frontage, LI Sound frontage, an area of cultivated field and an area of mature woodland. The cultivated field is all prime soils and the mature woodland area includes both prime soils and soils of statewide importance. 1. LPC lot design comments: a. LPC supports the proposed design. The proposed lots are clustered away from prime soils and the entire cultivated area is included within the proposed preserved area. b. LPC supports additional transfer of lots from the overall 80/60 Conservation Subdivision to North Brown as long as the existing cultivated area is not impacted. c. If additional lot(s) are transferred to this property and are designed with a lot adjacent to, or closer to,the cultivated area, the LPC recommends, if possible,that a building area remain as part of the lot containing the preserved farmland. Page 4 of 5 Tuthill 2. LPC general use comments: a. The proposed preservation area includes both wooded and cultivated land. Uses within the preservation areas must be clearly stated for appraisal purposes. The LPC will work with the Planning Board during the review process. The LPC recommends allowing agricultural (and associated clearing of trees)within the wooded area as long as a non-disturbance buffer area is designed, within the easement area, adjacent to the proposed lots. South Brown, SCTM# 1000-18-6-17.3 South Brown includes Main Road frontage, Narrow River Road frontage, cultivated field and wetland area. The property is all prime soils. 1. LPC lot design comments: a. LPC does not support the proposed design with Lot Number 1 to the interior of the property, and is not in favor of recommending public acquisition of a development rights easement designed in this manner. The LPC feels that this design unnecessarily places a new residential lot in close proximity to preserved farmland. The LPC recommends moving the development area to either: i. North Brown or North Dyer, resulting in 100% preservation of South Brown; or ii. Relocating the development area to the west side of the Main Road frontage area in keeping with the character of existing development along Main Road. 2. LPC general use comments: a. The LPC intends to define a limited Agricultural Structure Area and/or to limit agricultural structure coverage allowance to protect the scenic viewshed. Valuation Comments 1. The LPC's recommendation to the Town Board in regard to public acquisition of development rights easements on all or part of the areas offered for preservation will depend on the design layout and available funding at the time the design layout is supported. 2. The LPC does not plan to commission appraisals until the design layout is supported. Page 5 of 5 Tuthill COUNTY OF SUFFOLKb4�-4 tv� _._.F' 4 .�TL 'H ECE V E5� MAR 0 2 2015 STEVEN BELLONE Southold Town SUFFOLK COUNTY EXECUTIVE L Planning Board DEPARTMENT OF HEALTH SERVICES JAMES L.TOMARKEN,MD, MPH, MBA, MSW Commissioner February 23, 2015 Donald J. Wilcenski, Chairman Planning Board P.O. Box 1179 Southhold,N.Y. 11971 RE. Lead Agency: Tuthill Oysterponds SCTM# 1000-17-4-16, 1000-617-6-14.2, 1000-18-3-30.3, & 1000-18-6-17.3 Dear Mr. Wilcenski: The Suffolk County Department of Health Services (SCDHS) has received your letter dated January 28, 2015, concerning the declaration of Lead Agency status regarding the proposed Conservation Subdivision Open Development Area for the Tuthill Oysterponds Holding Company. SCDHS has no objection to the Southold Planning Board's designation as lead agency. This correspondence is intended primarily to expedite the procedural requirements of SEQRA pertaining to the establishment of lead agency. The comments provided below are,therefore, general nature, representing several of our most common concerns regarding Suffolk County projects. The department wishes, however, to reserve its right to provide more detailed information within the comment period(s) established for this action. The SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems, pursuant to the authority and requirements of Articles 4, 5, and 6 of the SCSC. Applications must comply with all relevant density and construction standards for water supply and sewage disposal. Applicants should not undertake the construction of,or connection to,either system without Health Department approval. The department appreciates the opportunity to participate in the SEQRA review of this proposal. Additional information may be provided prior to the close of the established comment period. Should you have any questions or require additional information,please feel free to contact the Office of Ecology at 852-5750. Sincerely, A4 t14 X. Philip de Blasi Office of Ecology cc: Walter Hilbert,P.E. DIVISION OF ENVIRONMENTAL QUALITY—Office of Ecology Pu1PaIlealth 360 Yaphank Avenue, Suite 213,Yaphank NY 11980(631)852-5750 Fax(631)852-5812 MAILING ADDRESS: PLANNING BOARD MEMBERS �oof SO P.O.P.O.Box 1179 DONALD J.WILCENSKI lO Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS va Town Hall Annex PIERCE RAFFERTY i �� 54375 State Route 25 JAMES H.RICH III A\MARTIN H.SIDOR ifCOU '� (cor.Main Southold,NY Youngs Ave.) Telephone:631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Chris Baiz, Chairman Agricultural Advisory Committee From: Alyxandra Sabatino, Planner15 . Date: January 29, 2015 Re: Request for Review on Proposed Conservation Subdivision Open Development Area (ODA) for the Tuthill Oysterponds Holding Company Location: North Dyer& North Brown are located on the n/s/o NYS Route 25, approximately 366'w/o Oysterponds Lane & approximately 2,223' e%o Platt Road, respectively. South Dyer& South Brown are located on the s/s/o NYS Route 25, approximately 460' w/o Oysterponds Lane & approximately 1,960' e%o Platt Road, respectively. All properties are located in Orient. SCTM#s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 & 17.3 The Planning Board refers this application to you for your information, comments, and review. This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s 1000- , - - - - - -30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240-42 G of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 5.7 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots and includes a reserve area for agricultural related use where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 14.6 acres of unbuildable lands. - Tuthill P a e 2 January 29, 2015 SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acre of unbuildable lands. Thank you for your cooperation. This Planning Department file can be viewed via the internet: 1. Go to the Town of Southold website www.southoldtownny.pov; 2. Click on Weblink located on bottom left of home page; 3. Click on Planning Dept. folder; 4. Click on Applications; 5. Click on Conservation Subdivisions; 6. Click on Pending; 7. Click on the SCTM# (tax map#) of the application, 1000-17.4-16. MAILING ADDRESS: PLANNING BOARD MEMBERS ���E SUUlyo South Box 1179 1 971 DONALD J.WILCENSKI ,`O l� Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY Q� 54375 State Route 25 R S H.RICH IIIO'' ��� (cor.M in uh Youngs Ave.) MARTIN H.SIDOR CUM Southold, Telephone:631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Melissa Spiro, Land Preservation Coordinator From: Alyxandra Sabatino, Plannert.s Date: January 29, 2015 Re: Request for Review on Proposed Conservation Subdivision Open Development Area (ODA) for the Tuthill Oysterponds Holding Company Located: North Dyer& North Brown are located on the n/s/o NYS Route 25, approximately 366' w/o Oysterponds Lane & approximately 2,223' e/o Platt Road, respectively. South Dyer& South Brown are located on the s/s/o NYS Route 25, approximately 460' w/o Oysterponds Lane & approximately 1,960' e%o Platt Road, respectively. All properties are located in Orient. SCTM#s 1000-17-4A 6, 1000-17-6-14.2, 1000-18-3-30.3 & 17.3 The Planning Board refers this application to you for your information, comments, and review. The file is available at your convenience. This proposal is for an 80160 Conservation Subdivision of four parcels SCTMs 1000-17- 4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240-42 G of the Southold Town Code. SCTM1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 5.7 acres of unbuildable lands. SCTM1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots and includes a reserve area for agricultural related use where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 14.6 acres of unbuildable lands. Tuthill P a e j 2 January 29, 2015 SCTM1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3 acre private right-of-way and 23.7 acres of open space. inclusive of 2 acres of unbuildable lands. SCTM1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acre of unbuildable lands. Thank you for your cooperation. In Laser Fiche:Planning, Applications, Conservation Subdivisions, Pending, SCTM#1000-17.4-16 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �QF sorry P.O.Box 1179 54375 State Route 25 � Ol0 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY Telephone:631 765-1938 www.southoldtownny.gov �yCOW T`I,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: SEQR Involved Agencies • NYSDEC • NYSDOT • NYS OPRHP • SCDHS • TOS Town Board • TOS Board of Trustees • SC Division of Planning and Environment • Orient Fire District cc: Martin Finnegan, Town Attorney From: Donald J.Wilcenski, Chairman`4 Date: January 28, 2015 Re: Subdivision Application Review—Proposed Conservation Subdivision Open Development Area (ODA)for the Tuthill Oysterponds Holding Company On January 13, 2015, by resolution, the Planning Board declared Lead Agency status for the SEQR action and classified the action as a Type I Action. Note that the timeframe to reach a Determination of Significance has been mutually extended to allow the applicant to submit additional materials. If you have any questions, please contact Alyxandra Sabatino, Planner or Mark Terry, Principal Planner in my office. Encl. Southold Planning Department Staff Report Subdivision Application Work Session Review Date January 12, 2015 Prepared By: Mark Terry/Aly Sabatino I. Application Information Project Title: Tuthill Oysterponds Holding Company Applicant: Tuthill Oysterponds Holding Company Date of Submission: July 3, 2014 Tax Map Number: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17:3 Project Location: 21505 Route 25 Hamlet: Orient Zoning District: R-80 & R-200 II. Description of Project Type of Subdivision: 80/60 Conservation Subdivision Acreage of Project Site: North Dyer: 21.1 acres South Dyer: 35.4 acres North Brown: 28.75 acres South Brown 26.92 acres-Total of 112 acres # of Lots Proposed: 17 III: Status Pending IV: Action to review Review SEQRA status and Type I action classification V: Analysis • 'SEQRA Status: o Coordinated Type I Action. o Lead agency was initiated on October 8, 2014. o The required 30 day period ended November 7, 2014. o A lead agency request has not been submitted by any agencies during this 30 day period. o The Board has not yet declared lead agency (by resolution). • Type 1 Action Classification rationale: o 6 NYCRR 617.4(b)(8) states: any Unlisted action that includes a nonagricultural use occurring wholly or partially within an agricultural district (certified pursuant to Southold Planning Department Staff Report Agriculture and Markets Law, article 25-AA, sections 303 and 304) and exceeds 25 percent of any threshold established in this section;" Staff Comments: o This item does not take into account whether or not there is an actual farm on the land that is proposed to be used for the action. If the action is in the agricultural district as certified in the Ag and Markets Law, it is a Type I action. The action meets the threshold in 6 NYCRR 617.4(b)(5) which states: "construction of new residential units that meet or exceed the following thresholds: 50 units not to be connected (at the commencement of habitation) to existing community or public water and sewerage systems including sewage treatment works," Units is undefined in SEQR and includes single family residences. As indicated above, 617.4(b)(8) requires that the unlisted action be calibrated to 25% of any threshold on the Type I list. The subdivision proposes 17 units and 25% of 50 is 12.5. Although not all of the units would occur in an agricultural district the action would partially occur within an agricultural district and therefore the action cannot be assessed separately. Note that a total of 11 units are proposed on South Dyer, North and South Brown just under the 12.5 units. The "commencement of habitation" referenced is irrelevant in this assessment as the action must be assessed to known conditions. It is unknown if public water or sewers will be in place when the future lots are built and occupied. • 6 NYCRR 617.4(b)(9) states: any Unlisted action (unless the action is designed for the preservation of the facility or site) occurring wholly or partially within, or substantially contiguous to, any historic building, structure, facility, site or district or prehistoric site • That is listed on the National Register of Historic Places, or • That has been proposed by the New York State Board on Historic Preservation for a recommendation to the State Historic Preservation Officer for nomination for inclusion in the National Register, or • That is listed on the State Register of Historic Places (The National Register of Historic Places is established by 36 Code of Federal Regulation (CFR) Parts 60 and 63, 1994 (see 617.171;" 2 Southold Planning Department Staff Report Staff Comments: Portions of the Orient National Historic District are contiguous with South Dyer and since the Board is reviewing the whole action, this threshold would classify the entire action as a Type I. The LWRP map below shows the Orient National Historic District boundary just east of the South Dyer property. This is our best example. The National Register of Historic Places website has not digitized the map yet. REACH 4 -Oiletit;H stork REACH 5 � 5 0 � I � Scale. Map II-17 Orient National Historic District as shown (SHADED) in the LWRP) VI: Staff Recommendations 1. Based upon the information above, recommend classifying the action as a Type I. 2. A lead agency request has not been submitted by another agency during the required 30 day period, recommend that the Board declare lead agency by resolution at their January 12, 2015 Public Meeting. 3 MAILING ADDRESS: PLANNING BOARD MEMBERS ��QF SD(/j P.O.Box 1179 yQ Southold,NY 11971 DONALD J.WILCENSKI Chair OFFICE LOCATION: WILLIAM J.CREMERS vs Town Hall Annex G Q 54375 State Route 25 PIERCE RAFFERTY JAMES H.RICH III Oly ,��1 (cor.Main Rd.&Youngs Ave.) MARTIN H.SIDOR C�U � Southold,NY Telephone: 631 765-1938 www.southoldtownnygov PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 13, 2015 - y Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O, Box;86 Orient, NY 11957 Re: tda4Agency: Proposed Conseivati ' Subdivision open D uel sptrfient Area for the'tuthll 0ysrponds flolding`Cbri�panyc North Dyer& North Brawn:are-located w Attie s/ot Route,2�5, appro mately 366' w/o Oysterponds Lane & approximately 2,223' eto Platt Road respectively. South Dyer and South Brown-ate:ld teidbn pthe�,h/6 NYS-Rqute 26 ,ap`proximately.460' w/o Oysterpondd$Lam:&,, pr M�-1,9fif7' e[o Matt Road, respectively. All properties are located in Onept. { SCTM#1000-17-4-16, 17-6-14.2, 18-3-30.3 and 18-6-17 3 Zoning;District: R-80 & R-200 DearMr. Tuthill: {. The Southold Tower Planning Board adopted: ofoli9wing-.fesolptions-at.a.meeting,held, on Monday; January 12,2015: WHEREAS, this proposal i%forian a0/60:Conserva#pn;$ k ision of four parcels SCTM#s 1000-17-4-16, 1000-1-7-6-14>2 �1000:-18=3,-30:,� Wig°10QQ,18-6-17.3,,(.#otal area. - 9 acres) into 17 residential lots with 94 acres to be preserved. This project proposes the transfer-of yield pursuantto`§244-i42 G of theSouthold Tp*,G9dp,,anc1 is further described as follows: SCTM#1000-17-4-16(North Dyer) equals 21;acres proposed to be subdivided. into 6:lots where the lots range in size from 0.7 0.0 acres. This pfoperty includes a 0.7 acres privafe right-of-way!arid,15.6 acres of_preserved.subdivision open space inclusive of 5.7 acres of unbuildable lands. SCTM#1000-17-6-14:2,(South Dyer) equals 35.3 acres proposed to be; subdivided into 5 lots and includes a reserve area for agricultural related use where the lots range,in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of--way and 28.5 acres of open space inclusive o f 14.6'acres of unbuildable lands. Tuthiii 2 (Pa e — J a n u a r Y 13 '--"2.1J.� 5. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots_range`in size from 0.7 - 0.8 acres: This property includes.a 1.3 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM##1000-18-6-17.3 (South Brown)equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acre of unbuildable,lands; and WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (8) " Any unlisted action that includes a non-agricultural use occurring wholly or partially within an Agricultural District(ce�itied pursuant to-Agriculture and Markets Law, Article 25-AA, Sections 303 and 304) and exceeds 25 percent of any threshold established in this section" is a Type I Action under SEQRA; and WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (5), one of the thresholds ekablished fora Type I Action is the following: "Construction of new residential units iflat`rn et 6 -I ' exa 1.=the 1p ing! eshgjd� 5,0,,ynits.ngt tQ be cpr ect d��at the cQ r n4�:�rnent of, habitation) to existing community or publiewater and,sewerage,� a!�y ir cl*06: sAA0 r '�at 25 percent-of this threshold equals 2.5;and, rz i - WHEREAS, tie"rs proos6didubdinisiommciudes;the potenti-al,futumog *U9tlgqt© 17 new res '�tiikuir :fh -tt@ iv,6tfpt'opbsed=t6 be c onnectodito i�amMunity,-c "c water or sewerage systems, hd WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (9), anotheriTyl*4 Aatidatis"ady Unlisted Action (unless the action is.designed for the preservation of the facility ot'site) occurring wholly or partially within, or substantially contiguous to, any historia•;.Iauoft0;, structure, facillty, site or district or prehistoric site that is listed on the National Register of`H fi }Plbees;or that has m piopbseb�by the New,`li'c rk�State Beard on loll 'ic,--; Preservation for a recommendation to the State Historic Preservalbn-Offi r fqn: nomination for inclusion in the National Register, or that is listed on the State Register of Historic"Pia�c s fie tat i i 'I'l istet`cif Historic Places is:sfalbi shed by 66,Ood�e 4fr F derd`04 146n`{L``i^Rj Vh is 86 end;03 1994 [see 61,7.17]', and WHEREAS; his'prbpbsdd°subdivision is located substantiaHy cohbguous:to the Dent. National Historic District located to the east of the South Dyer property; and WHEREAS; based Upon the above requirements,-the Plahbing Board.performed a coordinated`ireview of this`Type I Action pursuant to 6 NYCRR-Part 617, SIection'617.7 of the tafe'EnvironmentafQuality Roi6w.Att (SEQRA,);,be'it'ther6fore RESOLVED,Jhat the Southold Town Planning Board hereby declares Lead Agency status for the 8EQRA review of this action and be it further RESOLVED, that the Southold Town Planning Board classifies the action asp d Type 1, Action. 31Page ------- -- anua.r_y. 13-_2015 If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J. Wilcenski Chairman AS JAN 2 6 7015 Via E-mail and U.S. Mail Southold Town 4 Planning Board Mr.Mark Terry January 19,2015 P.O. Box 1179 Southold,NY 11971 Re: January 15, 2015 Letter from Planning Board Regarding Visual Impact Study Proposed Conservation Subdivision for Tuthill Oysterponds Holding Company SCTM#1000-17-4-16 Zoning Districts: R-80&R-200 Dear Mr.Terry: This confirms the Tuthill Oysterponds Holding Company continues to desire pursuing our application for a 4 Parcel Open Development Area Conservation Subdivision for property owned in Orient,NY.We will,however,need additional time to complete the Visual Impact Study. Since the October 20, 2014 Planning Board's request for a Visual Impact Study for the South Dyer property we have been actively working to provide the requested material to the Planning Board.We pursued three potential contacts to do the work and only received the last proposal in early December,which enabled us to commit to doing the Study with Mr.Jamie Garretson. Last week Mr.Garretson informed us that he would need to hand off the work to an Associate since his work in other community areas represented a conflict of interest with our project. We have not yet received the expected timing for the completion of our Study,but we are expecting we will need more than the 20 days specified in the Planning Board's letter.We understand the Visual Impact Study is important to the Town of Southold as the Lead Agency for our proposed Conservation Subdivision,which has been classified as a Type I Action pursuant to State Environmental Quality Review (SEQR) and we are diligently pursuing its completion. This Study is also very important to us.The challenge for us is we have no specific plans to develop any of the parcels in the foreseeable future and predicting what would be desired by future generations is very difficult Given this,our intent is to work within the Building Code and use existing houses in the community to illustrate the view shed impact We hope this can provide the information needed for the Lead Agency to determine the significance of our project. As soon as we have the initial Visual Impact Study draft we will provide you with an estimate of when we should be able to submit the Study to the Planpipg Bo n you give us additional time to complete this critical part of the process? We appreciate your on-going support and partnership with us in pursuing our Conservation Subdivision Project. Sincerely, Carol Tuthill Managing Director Tuthill Oysterponds Holding Company cc:Managing Directors Tuthill Oysterponds Holding Co. Reginald,Ruth,and Lyle Tuthill C-ultural Resource Information System(CRIS) Page 1 of 2 Welcome Guest Use( I Contact Us I FAQ I Help I ;icln Out 0 RS HOME SUBMIT SEARCH COMMUNICATE Close J s View and/or Address a Response .......................-...........----.....--...............-...............--...........-......_...._....._..........__.._....._..- —........._.._............_.........----._.........._.............................................._..._...---..__........--........---- --._.............._...._._......—...... -- Project 14PRO4296:North Dyer-80/60 Conservation Subdivision Open Development Area Tuthill(7TCIKFYBFK77) view Project _-.......... -- --- -- _--------_----_.-.------ __.._-------_-------------------- Please accept the following information below as the consolidated response from NYS SHPO for the above referenced submission. ......................................._.............._._..........._.........__..................................._......_........_................_...._............._._.........._._._.............__._..........---............_.__._..............-_................_....__......_..-... Review Responses Lorraine Weiss Survey and Evaluation 'in addition,the project is adjacent to properties that have been determined to be potentially eligible as part of an historic district along NY Route 25.In addition to the Phase 1 B report,please document any adjacent properly 50 Years of age or older.Documentation should Include original photos of each exterior elevation,construction date if known,current address,and comments about current condition.A brief history of each property would also be appreciated.If you have any questions,please contact Lorraine Weiss in the i Survey Unit at 518-268-2129 or lorralne.weiss@parks.ny.gov;or Tim Lloyd in the (Archaeology Unit at 518-268-2186 or tlmothy.11oyd@parks.ny.gov. _. _. ........... ....._---- ....... ......... ...... Tim Lloyd Archaeology We have reviewed the report entitled"Phase IA Archaeological Documentary Study for the Proposed Tuthill Subdivision,Orient,Town of Southold,Suffolk County,New York"(dated March G 201 i).OPRHP concurs with the report recommendation,that a Phase IB archaeological investigation is warranted,prior to arty proposed development that will Involve ground disturbance. Information Requests No Request Records Attachments i No Attachment Records 115 New Yoik State Office of Parks.Recreation Y•Hislorc.Preservation.All rights reserved. Vernon 1.0.4,Jonvwy 12.201t JAN 2 6 Z015 Southold Town Planning Board https://cris.parks.ny.gov/?type=CR&id=7TCIKFYBFK77 1/26/2015 Cultural Resource Information System (CRIS) Page 1 of 2 /^y R S Welcome Guest User I Contact is FAQ fA I Heir;I ;ign O!d HOME SUBMIT SEARCH COMMUNICATE aawatwe n+Nv..u.,s/�W. Close View and/or Address a Response _.._..._._—._........_._....._...... __....._....__..._...._.....- .._._.. ...---------...-......-...-........................_..._.......................................................----- -----.....................—--.._..__.........--......... __._.....__....._.... --...._.. - .... Project ISPR00026:South Dyer-80/60 Conservation Subdivision Open Development Area Tuthill(BMGPVUH52XEA) E view Project Please accept the following information below as the consolidated response from NYS SHPO for the above referenced submission. .............................-..........-...._......................................_.........................................-.......................-......._......_............ . Review Responses Lorraine Weiss Survey and Evaluation I In addition,the project Is adjacent to properties that have been determined to be potentially eligible as part of an historic district along NY Route 125.In addition to the Phase 1 B report,please i document any adjacent property 50 years of age or older.Documentation should include original photos of each exterior elevation,construction date if known,current address,and comments about current condition.A brief history of each property would also be appreciated.If you have 'any questions,please contact Lorraine Weiss in the (Survey UNt at 518-268-2129 or lorroine.weiss@parks.ny.gov;or Tim Lloyd in the (Archaeology Unit at 518-268-2186 or timothy.11oyd@parks.ny.gov. .. .............................................................. ........... ..._ ......................_..............._........_.........._........._._..._....._..................._......................._..........................................__......._..._............._..-.__..................._..........__....................._................_............................_..........................._.... Tim Lloyd Archaeology i We have reviewed the report entitled"Phase IA Archaeological Documentary Study for the Proposed Tuthill Subdivision,Orient,Town of Southold,Suffolk County,New York"(dated March i2011).OPRHP concurs with the report !recommendation,that a Phase IB archaeological investigation is warranted,prior to any proposed development that will involve ground disturbance. Information Requests No Request Records Attachments No Attachment Records )2015 New York State Office of Parks,Recreation Y Histodc Preservation.All rights reserved. version 1A t,J..—y 12,201,1 �D C E]- JAN 2 6 2015 Southold Town Planning Board https:Hcris.parks.ny.gov/?type=CR&id=8MGPVUH52XEA 1/26/2015 Cultural Resource Information System(CRIS) Pagel of 2 (Is RIS Welcome Guest User I Contact Us I FAQ': Help I Sign Out HOME SUBMIT SEARCH COMMUNICATE ci e] View and/or Address a Response ---....._.—...................--..........._................_..._......._....._............_....._._........_... ---...._....._..-----—................--.........................-............. Project ISPR00024:South Brown-80/60 Conservation Subdivision Open Development Area Tuthill(KXL2X6QLQEQB) view Project j Please accept the following information below as the consolidated response from NYS SHPO for the above referenced submission. _.._................................._..._...................._......_..............................._........._..._....._........................._............__......_.... ._._....._..._................................__..._................_._.............._....__..............._........._.........__.... Review Responses Lorraine Weiss Survey and Evaluation In addition,the project is adjacent to properties that have been determined to be potentially 13 eligible as part of an historic district along NY Route 125.in addition to the Phase 1 B report,please document any adjacent property 50 years of age or older.Documentation should Include original photos of each exterior elevation,construction dote if known,current address,and comments about current condition.A brief history of each property would also be appreciated.If you have any questions,please contact Lorraine Weiss in the Survey Unit at 518-268-2129 or lorraine.weiss§parks.ny.gov;or Tim Lloyd in the Archaeology Unit at 518-268-2186 or ._.._.._ .... .. ...... ........_.._.... ._.._...... ._............. ...... timothy.iloyd@parks.ny.gov. Tim Lloyd Archaeology We have reviewed the report entitled"Phase IA Archaeological Documentary Study for the Proposed Tuthill Subdivision,Orient,Town of Southold,Suffolk County,New York"(dated March '2011).OPRHP concurs with the report recommendation,that a Phase Ill archaeological investigation is warranted,prior to any proposed development that will Involve ground disturbance. Information Requests No Request Records .. ..................................._............._........_._._.._._._...._.._...._...._...._...............__....._........._..........._........_..................._........_...................................................._._._....._.........................._...._.._.............................._.__............._............_........... .............................._.._.... Attachments No Attachment Records O^_Ul5 New Yak State Office of Parks,Recreation f.Historic Preservation.All rights reserved. vwslon r.o.a.lcnu y 12,201E oECEOVE k JAN 2 6 2015 Southold Town Planning Board https:Hcris.parks.ny.gov/?type=CR&id=KXL2X6QLQEQ8 1/26/2015 Cultural Resource Information System(CRIS) Page 1 of 2 0 RIS welcome Guest User I C;onEact Us I FAQI HelpI SignOui HOME SUBMIT SEARCH COMMUNICATE awns n tia..ww*awa ___ Close View and/or Address a Response —._—_-- Project ISPR00025:North Brown-80/60 Conservation Subdivision Open Development Area Tuthill(22BYAIBB7LIL) view Project _----.__.._-_._.---.._---.--_._..---_.__..._._.__�-- — Please accept the following information below as the consolidated response from NYS SHPO for the above referenced submission. ;::_'_:.......__._............_.............................._.......__._........_._.._..................._._............._...._._.._............ ..._._._..__._.................._....._...................._........_.........._..........._...._............_.........._........_........_._...... ................ Review Responses Lorraine Weiss Survey and Evaluation In addition,the project is adjacent to properties 'that have been determined to be potentially eligible as part of an historic district along NY Route 25.In addition to the Phase 1 B report,please !document any adjacent property 50 years of age or older.Documentation should Include original photos of each exterior elevation,construction date If known,current address,and comments about current condition.A brief history of each property would also be appreciated.If you have any questions,please contact Lorraine Weiss in the 'Survey Unit at 518-268-2129 or lorraine.weiss®parks.ny.gov;or Tim Lloyd in the Archaeology Unit at 518-268-2186 or timothy.11oyd@parks.ny.gov. ..... ... ........... _. Tim Uoyd Archaeology I We have reviewed the report entitled"Phase IA i Archaeological Documentary Study for the I Proposed Tuthill Subdivision,Orient,Town of �Southoid,Suffolk County,New York"(dated March I2011).OPRHP concurs with the report !recommendation,that a Phase IB archaeological I investigation is warranted,prior to any proposed I development that will involve ground disturbance. .................._.._..._.._....._........................................_......................._........_.................._._.................................-.............._...._._......._._..__...._...._._........_........__._..... --------------------_....._- Information Requests No Request Records ........_..__......_....__._._..................._._................._..................._................__..._.........._.........._................_...._............_.._......_......_..._................................_..............................._._....................................._._._....._._.. _ i Attachments MON No Attachment Records 015 New York State Office of Parks.Recreation 8 Hisior;c Preservation.All rights reserved. v«don 1.0.4.Jonu y 12,2o1F oECcot� � JAN 2 6 2015 Planning Board https:Hcris.parks.ny.gov/?type=CR&id=22BYAIBB7LIL 1/26/2015 ""•,T I� 15 l�cpil�14 A IS U U l5 JAN 2 0 2015 Southold Town Planning Board BOX 282.ORIENT, NEW YORK 119S7.ORIENTASSOCIATION.ORG January 16,2015 Planning Board Town of Southold 54375 Main Rd P.O.Box 1179 Southold,NY 11971 Re:Tuthill Conservation Subdivision- SEQRA Gentlemen: The Orient Association welcomes the Board's action in seeking to serve as lead agency in the SEQRA process for this project. We believe that the special character and importance of this sensitive area can be best addressed by our local officials who are most familiar with our community,and have the broadest jurisdictional authority over the proposal. As we have previously indicated,we also welcome the Board's action in seeking a viewshed analysis as part of the early review process for this application. The areas included in this proposal,especially the parcel known as South Dyer,are of crucial importance to the character of the community, and constitute an aesthetic and cultural resource that must be considered in any planning for development. As such, it appears likely that building of residential units on these sites may well have potentially significant impact on the surrounding community and environment. Among the factors that need to be addressed in this process are: • the impact of changing site use from agricultural to housing; • the impact of changing the visual character of the area; • the impact of altering or reducing widely valued public viewsheds and aesthetically important views;and • the impact of additional construction in proximity to Orient Creek, a designated Critical Environmental Area. Planning Board 2 Tuthill Conservation Subdivision The importance of this area has already been recognized by the Town in its draft Community Character Chapter of Town of Southold 2020 Comprehensive Plan. The "Hamlet Goals and Objectives"section of the Plan sets as a goal Preserve the gateway property east of Latham's Farm Stand(scenic vista is important). This has also been acknowledged by a prior scenic conservation easement sought by the property owners and granted by the town. We recognize and respect that numerous organizations and individual members of the community have spoken out to praise the overall goals of the Tuthill Conservation Subdivision proposal. We also recognize both the benefits of preservation of a significant portion of the remaining open land in Orient,as well as the historic contributions of the Tuthill family in this and other endeavors. As a result,we support a timely and efficient review process that will allow this project to proceed in a timely fashion,with a refined focus only on the issues of greatest significance and magnitude. To this end,and in light of the potential environmental impacts on this particular site and the community as a whole,we believe that a carefully crafted and narrowly scoped Draft Environmental Impact Statement(DEIS)would provide the best approach to assessing the overall implications of this complex development and conservation plan. A narrowly-scoped DEIS could be carefully tailored to refine and resolve the visual impact aspects of this application that have already been identified during the early stages of review. The DEIS can also address a limited range of other potential short and long term impacts associated with traffic,drainage issues,nutrient loading, potential for salt water intrusion as a result of additional well pumping,and the consideration of alternative lot densities and configurations among all of the parcels included in the proposal. As the Board is aware,the SEQRA process provides a significant public value in its requirement that a DEIS include the evaluation and presentation of a reasonable range of development alternatives(including potential assessments of design, density and visual mitigation). It is also important that this evaluation be in a form, and at a level of detail that is suitable for public review and meaningful public input. Given the recognized importance of portions of the site's visual character to the surrounding community,we believe that the consideration of meaningful alternatives is critical to developing the best overall design for this complex project. Planning Board 3 Tuthill Conservation Subdivision We again thank you and the Planning Department for your thoughtful and diligent approach to this important project. S' cerely y urs, Robert E. Hanlon President cc: Planning Department Scott Russell MAILING ADDRESS: PLANNING BOARD MEMBERS QF S0!/l P.O.Box 1179 DONALD J.WILCENSKI ��� Ol0 Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY �p 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR IyCnum Southold, NY Telephone:631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD Via E-mail.&U.S. Mail January 15, 2015 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, New York 11957 Re: Proposed Conservation Subdivision for Tuthill Oysterponds Holding Company SCTM#1000-17-4-16 Zoning Districts: R-80 & R-200 Dear Mr. Tuthill: The Planning Board, at their October 20, 2014 Work Session, required a Visual Impact-Study to be submitted for the South Dyer property. As of the date of this letter, a Visual Impact Study has not been submitted to the Planning Board for review. On January 12, 2015, the Planning Board took Lead Agency and classified the proposed Conservation Subdivision as a Type I Action pursuant to State Environmental Quality Review (SEQR). 617.6(b)(3)(ii) of the law requires that the Planning Board determine significance of the action within 20 days of taking Lead Agency if all materials have been submitted to reach a determination. As we agreed, the Visual Impact Study is an integral part of SEQR review and _______Ts needed to make a determination. Please up-date the Board asatusof the study. If you have any questions, please do not hesitate to contact this office. Very truly yours, ark T Princi al PI r cc: Martin Finnegan, Town Attorney Melissa Spiro, Land Preservation Coordinator MAILING ADDRESS: PLANNING BOARD MEMBERS �QF so�ly P.O. Box 1179 DONALD J.WILCENSKI ��� QUO Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY Q 54375 State Route 25 JAMES H.RICH III Ql (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR ���UI�I`I,� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 13, 2015 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: Public Hearing Adjourned — Proposed Conservation Subdivision Open Development Area for the Tuthill Oysterponds Holding Company North Dyer & North Brown are located on the n/s/o NYS Route 25, approximately 366' w/o Oysterponds Lane & approximately 2,223' e/o Platt Road, respectively. South Dyer & South Brown are located on the s/s/o NYS Route 25, approximately 460' w/o Oysterponds Lane & approximately 1,960' e%o Platt Road, respectively. All properties are located in Orient. SCTM#1000-17-4-16, 17-6-14.2, 18-3-30.3 and 18-6-17.3 Zoning Districts: R-80 & R-200 Dear Mr. Tuthill: The public hearing regarding the Conservation Subdivision Open Development Area referenced above was held by the Southold Town Planning Board on Monday, November 3, 2014, where it was held over to December 15, 2014 and January 12, 2015. On January 12, 2015, the public hearing was adjourned without a date, pending receipt receiptarm to ion, in particular the Visual Impact Study, the Planning Board will re-notice the hearing for its next available calendar. The record remains open to written comment during the adjournment. If you have any questions regarding the above, please contact this office. Very truly yours, f l Donald J. Wilcenski Chairman MAILING ADDRESS: PLANNING BOARD MEMBERS ``OF soar P.O.Box 1179 DONALD J.WILCENSKI �0 �OIO Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex PIERCE RAFFERTY �� 54375 State Route 25 JAMES H.RICH III �� (cor. Main Rd.&Youngs Ave.) MARTIN H.SIDOR ���UfVTY,� Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 13, 2015 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: Lead Agency: Proposed Conservation Subdivision Open Development Area for the Tuthill Oysterponds Holding Company North Dyer& North Brown are located on the n/s/o NYS Route 25, approximately 366' w/o Oysterponds Lane & approximately 2,223' e%o Platt Road respectively. South Dyer and South Brown are located on the s/s/o NYS Route 25, approximately 460' w/o Oysterponds Lane & approximately 1,960' e%o Platt Road, respectively. All properties are located in Orient. SCTM#1000-17-4-16, 17-6-14.2, 18-3-30.3 and 18-6-17.3 a Zoning District: R-80 & R-200 Dear Mr. Tuthill: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, January 12, 2015: WHEREAS, this proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the of-yield 24049 G of the outhold Town Code. and further described as follows: SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 5.7 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots and includes a reserve area for agricultural related use where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 14.6 acres of unbuildable lands. Tuthill 21Pa9.e January 13 2015 SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres: This property includes a 1.3 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acre of unbuildable lands; and WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (8) " Any unlisted action that includes a non-agricultural use occurring wholly or partially within an Agricultural District (certified pursuant to Agriculture and Markets Law, Article 25-AA, Sections 303 and 304) and exceeds 25 percent of any threshold established in this section" is a Type I Action under SEQRA; and WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (5), one of the thresholds established for a Type I Action is the following: "Construction of new residential units that meet or exceed the following thresholds: 50 units not to be connected (at the commencement of habitation) to existing community or public water and sewerage systems including sewage treatment works" and 25 percent of this threshold equals 12.5; and WHEREAS, this proposed subdivision includes the potential future construction of 17 new residential units that are not proposed to be connected to community or public water or sewerage systems; and WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (9), another Type 1 Action is "any Unlisted Action (unless the action is,designed for the preservation of the facility or site) occurring wholly or partially within, or substantially contiguous to, any historic building, structure, facility, site or district or prehistoric site that is listed on the National Register of Historic Places, or that has been proposed by the New York State Board on Historic Preservation for a recommendation to the State Historic Preservation Officer for nomination for inclusion in the National Register, or that is listed on the State Register of Historic Places (The National Register of Historic Places is established by 36 Code of Federal Regulation (CFR) Parts 60 and 63, 1994 [see 617.171; and located--substantially-contiguous to the Orient National Historic District located to the east of the South Dyer property; and WHEREAS, based upon the above requirements, the Planning Board performed a coordinated review of this Type I Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); be it therefore RESOLVED, that the Southold Town Planning Board hereby declares Lead Agency status for the SEQRA review of this action; and be it further RESOLVED, that the Southold Town Planning Board classifies the action as a Type 1 Action. Tuthill 3 Pa e January 13 2015 _._ If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J. Wilcenski Chairman WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, January 12, 2015 2:30 p.m. Southold Town Annex Board Room 2 ND Floor, Capital One Bank Building 2:30 p.m. Applications Project Name: — Tuthill Conservation Subdivision CTM#: ! 1000-17-4-16, 17-6-14.2, 18-3-i 30.3, 18-6-17.3, 18-6-18.1 Description: This proposal is for an 80/60 Conservation Subdivision of four parcels I (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. I I SCTM#1000-17-4-16 (North Dyer) is located on the n/s/o NYS Route 25, approximately 366 feet west of Oysterponds Lane, in Orient. SCTM#1000-17-4-14.2 (South Dyer) is located on the s/s/o NYS Route 25 approximately 460 feet west of O ster onds Lane in Orient. l pp Y Y p � i i SCTM#1000-18-3-30.3 (North Brown) is located on the n/s/o of NYS ' Route 25, approximately 2,223 east of Platt Road, in Orient. i SCTM#1000-18-6-17.3 (South Brown) is located on the s/s/o NYS Route j 25, approximately 1,960 feet east of Platt Road, in Orient. Status: Pending Action: — SEQR —date. Attachments: 1 Staff Report Project Name: Colony Pond _ i SCTM#: 1000-52-5-60.3 —_ I Location: j on the s/s/o Colony Road, approximately 470' e/o Bayview Avenue, in Southold Description: I This proposal is for a Standard Subdivision of a 13.540-acre parcel into five lots where Lot 1 = 0.8 ac., Lot 2 = 7.7 ac., including a 1 ac. building envelope and 6.8 acres of preserved Open Space, and Lots 3, 4, & 5 = 0.7 ac. in the R-80 Zoning_District_ - —._._.._............_.......... Action: ; Review for determination. --- -----..._..---..._.._.._.........._........___...---._...._.._........................_._..._._......----..............—._..._.._.__..._..._.._....._.......-.__.......__...................._._._......—._..........__..__..._..._..............._......._.__............._...............- Attachments: ; None -- ---—-- ---._..._....._...._..........__........- ----......----.-._._...................-.-_-........_...----..................--...._..-- ._.....— -.... ---........_..............................._.-......_................._............ ---—- ----—-----._. ...........................----...---..................................._---........._.-...................--..................._._....__._......_...........__......................._..........-.._.-- . . . . . .. ---- —_....---......_._........_..............._-..........................Proiect name:........................._..James Creek Landing __....._._....._................._. SCTM#: 1000-122-3-1.4 ..........................__....__...--..... -- ._........--._..._.............. __.._................_.._..........___..................._............_.....; Location: _ West side of Main Road, approx. 280' south of New Suffolk Ave., Mattituck Description This is a Standard Subdivision of a split-zoned . ........ ... ...... ....... Status: Conditional Preliminary Approva_I..........__.-_............ _.......... -------..-- ......................_......_..._..........._ ....................._._..__.. ._....... --............._........_............................................_........ . ...... ..... ....._.. Action: Discuss rescinding the Bond Estima .... . ........................._............_..__....._......_ ._ . Attachments: Staff Report JAN 2 0 2015 Southold Town Planning Board Mite Technologies Inc 39 Broadway-Suite 1110/ITAC-New York,New York 10006-(212)316-3882-Fax(212)316-9419 December 19,2014 Reginald Tuthill Munn Lane,Box 86 Orient,NY 11957 Att: Regi Re: View Shed Montage @ South Dyer Lots,Orient NY Dear Regi, As requested,we are working on the"view shed montage"for the above referenced site. The concept for this "viewshed montage"is to show the visual effect of future houses that may be built on the proposed building lots on the South East portion of the above referenced property as viewed from the Main Road. The size of the montage houses to be determined in agreement with the owner& Southold Town Department of Planning and building. Size restrictions on the lots will be considered to limit the maximum building size. Where possible the"montage houses"will be selected primarily from photographing existing local Orient houses. We will meet with you and Mark Terry,Principal Planner,LWRP Coordinator, Southold Please call me if you have any questions. Sincerely, jCr n4W ganetiJ(BIZ James Garretson AIA cc: Mark Terry D:\WINWORD6\CAF81 IN V.DOC w. BOX 282.ORIENT, NEW YORK 11957.ORIENTASSOCIATION.ORG December 15,2014 Planning Board Town of Southold D E C E � V E 54375 Main Rd P.O.Box 1179 DEC 16 2014 Southold,NY 11971 Southold Town Planning Board Re:Tuthill Conservation Subdivision Gentlemen: As we indicated in our letter and presentation at the November Planning Board Meeting,the Orient Association believes that public input on this proposal needs to reflect certain information that the Planning Board has indicated is essential to the decision-making process,but which is not yet available. This includes the view shed analysis study that the Board has wisely required. The Orient Association again asks that the Planning Board leave this hearing open until the view shed analysis and any other pending analyses are completed,and the public has a brief period to review and comment on that material. We thank you and the Planning Department for the thoughtful approach to this important project. Robert E. Hanlon President cc: Planning Department Scott Russell Planning Board '✓ Town of Southold December 15,2014 RE:Tuthill Development Corporation Sub-division application E C E � V E DEC 1 6 2014 Dear Board: Southold Town Planning Board Thank you for giving me the opportunity of appearing before you today. My name is Thomas Foster. My wife and I moved to Peconi c eight years ago and to Orient in 2011.We currently live at 21165 Main Road,across from Danny Latham's farm stand. I attended the last public hearing on this matter and read the file as it existed at that time. I was also able to discuss the contents of the file with Ms.Sabbatinno. The following questions relate primarily to the South Dyer property. 1. What is the status of the"visual impact study"or"view shed analysis"which was ordered by the town on October 13,2014? 2. What will be the protection for the parts of the property not being built on? In other words,will the entire vista be preserved as farmland? Note that"agriculture" is not the same as farming— for example,there is a big difference In sight lines between a sod farm and a tree farm. 3. There are a total of 112 acres in the four parcels. Of this,approximately 93 acres will be preserved from development and 19 acres will be available for development. How much of the 19 acres is currently farmland? Since there is a priority in the town plan for preserving farmland,are there non-farmed acres in the 93 acre preservation area which would be more appropriate for development? 4. The staff report dated October 20,2014 notes four specific elements in the scenic values: (1) NYS Scenic Byway; (2)2001 Scenic Corridor Management Plan; (3)Scenic easement for the South Dyer property;and(4)South Hamlet Study as part of the town's comprehensive plan. s the relative im e;' 5. The town's comprehensive plan emphasizes the importance of farming as part of the visual culture of Southold. What consideration has been given to preserving farmland as opposed to other land such as woodlands? 6. In the subdivision Application Form Sketch Approval,question 16 asks if the owner owns any adjacent property. The answer given is"no". What is the relationship between the land in the development plan and the 54,985 square feet excluded from the South Dyer property in 2001? 7. What is the status of the scenic easement? When I reviewed the assessor's records in November there was both a farm easement and a scenic easement on the tax card. Is the scenic easement still in force? Will the tax status of these properties change with the approval of the Conservation Subdivision? I respectfully request that the public hearing on this matter be kept open until the completion of the scenic view analysis and the opportunity for the public to study and comment upon it. Thank you. S' er , Thomas E. Foster Kalin, Carol r �/�� From: jdispenza@nyc.rr.com Sent: Monday, December 15, 2014 3:01 PM To: Kalin, Carol Subject: Tutthill Subdivision As the subject application will potentially impact the views of the gateway to Orient I would like to request that the Planning board keep open the hearing on the subject subdivision beyond tonight's meeting. thank you John Dispenza E 5 2014ld Towng Board i MAILING ADDRESS: PLANNING BOARD MEMBERS �OF SO(/T P.O. Box 1179 DONALD J.WILCENSKI hQ� Old Southold,NY 11971 Chair 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 CQU � Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 16, 2014 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: Public Hearing Held Open — Proposed Conservation Subdivision Open Development Area for the Tuthill Oysterponds Holdng Company North Dyer& North Brown are located on the n/s/o NYS Route 25, approximately 366' w/o Oysterponds Lane & approximately 2,223' e%o Platt Road, respectively. South Dyer& South Brown are located on the s/s/o NYS Route 25, approximately 460' w/o Oysterponds Lane &approximately 1,960' e%o Platt Road, respectively. All properties are located in Orient. SCTM#1000-17-4-16, 17-6-14.2, 18�3-30.3 and 18-6-17.3 Zoning Districts: R-80 & R-200 Dear Mr. Tuthill: A continuation of the November 3, 2014 public hearing was held by the Southold Town Planning Board on Monday, December 15, 2014 regarding the above-referenced Conservation Subdivision Open Development Area. The public hearing was held open. The next public meeting of the Southold Town Planning Board will be held on Monday, January 12, 2015 at 4:30 p.m. If you have any questions regarding the above, please contact this office. Very truly yours, -'�-�_ 6v*9LC Donald J. Wilcenski Chairman I (✓ 4L- RE: Tuthill Oysterponds Holding Company, pending subdivision Dear Southold Planning Board, Please keep the South Dyer Parcel of the Tuthill property completely undeveloped. Developing any part of this parcel will ruin the beauty of our historic hamlet and its waterways, known, beloved and actively used by so many. The active farmland is such an important part of our agricultural heritage which is so quickly diminishing. I particularly object to the aggregation of the four non-contiguous Tuthill parcels into one unit to qualify for a conservation sub-division resulting in the shifting of development to the more valuable, water view parcels. This could set a precedent that would be a greenlight to developers who want to build in economically high return areas. So, I beg you all to please keep all hearings open pertaining to the Tuthill subdivison so that all relevant issues can receive informed consideration. If given sufficient time to explore all issues we can come to an agreement which satisfies all concerned. C� CL� O � C Sincerly, HD DEC 15 2014 Joan Turturro SOUtold Town 1000 Village Lane, Orient, NY Planning Board 25-500 Main Road, Orient, NY CC Scott Russell Southold Town Supervisor D. Wilcenski I Planning Board H. Lanza/Planning Department M. Spiro/Land Preservation �+vb� 12 BOX 282.ORIENT, NEW YORK 11957.ORIENTASSOCIATION.ORG December 15, 2014 Planning Board Town of Southold �D E �p 0 U E 54375 Main Rd P.O. Box 1179 DEC 16 2014 Southold,NY 11971 Southold Town Planning Board Re:Tuthill Conservation Subdivision Gentlemen: As we indicated in our letter and presentation at the November Planning Board Meeting,the Orient Association believes that public input on this proposal needs to reflect certain information that the Planning Board has indicated is essential to the decision-making process,but which is not yet available. This includes the view shed analysis study that the Board has wisely required. The Orient Association again asks that the Planning Board leave this hearing open until the view shed analysis and any other pending analyses are completed, and the public has a brief period to review and comment on that material. We thank you and the Planning Department for the thoughtful approach to this important project. Sin urs, Robert E. Hanlon President cc: Planning Department Scott Russell 5�j fl [I Planning Board 1 ' Town of Southold December 15,2014 RE:Tuthill Development Corporation Sub-division application 1 D E C E U E DEC 1 6 2014 Dear Board: Southold Town Planning Board Thank you for giving me the opportunity of appearing before you today. My name is Thomas Foster. My wife and I moved to Peconi c eight years ago and to Orient in 2011.We currently live at 21165 Main Road,across from Danny Latham's farm stand. I attended the last public hearing on this matter and read the file as it existed at that time. I was also able to discuss the contents of the file with Ms.Sabbatinno. The following questions relate primarily to the South Dyer property. 1. What is the status of the"visual impact study"or"view shed analysis"which was ordered by the town on October 13,2014? 2. What will be the protection for the parts of the property not being built on? In other words,will the entire vista be preserved as farmland? Note that"agriculture" is not the same as farming— for example,there is a big difference in sight lines between a sod farm and a tree farm. 3. There are a total of 112 acres in the four parcels. Of this,approximately 93 acres will be preserved from development and 19 acres will be available for development. How much of the 19 acres is currently farmland? Since there is a priority in the town plan for preserving farmland,are there non-farmed acres in the 93 acre preservation area which would be more appropriate for development? 4. The staff report dated October 20,2014 notes four specific elements in the scenic values: (1) NYS Scenic Byway;(2)2001 Scenic Corridor Management Plan; (3)Scenic easement for the South Dyer property;and(4)South Hamlet Study as part of the town's comprehensive plan. What is the relative importance of these values? S. The town's comprehensive plan emphasizes the importance of farming as part of the visual culture of Southold. What consideration has been given to preserving farmland as opposed to other land such as woodlands? 6. In the subdivision Application Form Sketch Approval,question 16 asks if the owner owns any adjacent property. The answer given is"no". What is the relationship between the land in the development plan and the 54,985 square feet excluded from the South Dyer property in 2001? 7. What is the status of the scenic easement? When I reviewed the assessor's records in November there was both a farm easement and a scenic easement on the tax card. Is the scenic easement still in force? Will the tax status of these properties change with the approval of the Conservation Subdivision? I respectfully request that the public hearing on this matter be kept open until the completion of the scenic view analysis and the opportunity for the public to study and comment upon it. Thank you. S' er , Thomas E. Foster t�jbf Kalin, Carol From: jdispenza@nyc.rr.com Sent: Monday, December 1S, 2014 3:01 PM To: Kalin, Carol Subject: Tutthill Subdivision As the subject application will potentially impact the views of the gateway to Orient I would like to request that the Planning board keep open the hearing on the subject subdivision beyond tonight's meeting. thank you John Dispenza E �IE2014ownoard 1 Kevin Perry 212.727.9907 voice KEV[NPERRY@att.net Dec 11,2014 Southold Town Planning Board 54375 Main Rd. Southold,NY 11971 RE:Tuthill Oysterponds Holding Company, Subdivsion Chairman Wilcenski and Planning Board members, This project is being done under clustering provisions of the code that allow the Town to shift house sites and open space between non-contiguous lots. I believe that this is the first time the town has mandated this kind of transfer and is thus setting first precedent for future actions. The code gives the Planning Board the ability to require this transfer;it is not a provision that a developer can rely on"as of right". While the board's ability to direct density can be a valuable tool for the good,in this case it appears to be running in reverse. Housing lots have been moved to the more ecologically fragile and most scenic portion of the site,the Dyer section,and required open space has been moved to the less visible Brown section. I believe that this is dangerous precedent; that the purpose of the mandate is to shift development away from the most valued and ecologically fragile land and not on to it. I also understand that as part of the Open Development Area process the Town will purchase the development rights. And that,subject to a rigorous assessment,the developer will be paid the development value of the unprotected property,presumably at its densest development and highest value,minus the value of the approved scheme and minus the value of the open space with its restricted uses.Under this formula the financial gain or loss is with the town and the funds it has reserved for land preservation. The town benefits financially by transferring a house lot to a location where it has higher value and bears the loss if is transferred to a location with lower value. As a citizen I would ask that the town use their unprecedented ability to shift development away from the South Dyer site and compensate the Tuthill family for the land that they have held and preserved for these many generations. I am not a North Fork native;I was raised up-island,in Levittown;that development of 16,000 homes that sprang up in the Hempstead farm fields during three short years of the early 50's. I have early memories of frequent trips north via the ferry;I intensely remember arriving at the causeway and crossing the bridge at Dam Pond.It was escape from up-island development and entry to early Long Island with views across Sound,Bay and Harb r;but mostly back through time. Even then the causeway conjured images of the forming of the land, the imp ce of the water in our history and a reminder that our founders arrived here from New England to /Kevin new country. As I have aged,my appreciation for the value of these images has only grown;please use sources to save this land. e ILL TrJ'Orient Resident << Cc: VS.Russel/Town Board H.Lanza/Planning Department Southold Town Planning Board C�v�l nI -, Drianne Bermer 880 Village Land Orient,NY 11957 DRIANN F.BENN ER@att.nct Dec 12,2014 Southold Town Planning Board Town Hall Annex D EC � � V E 54375 Main Rd. l�J L�, Southold,NY 11971 DEC 12 2014 RE:Tuthill Oysterponds Holding Company Pending Subdivision Southold Town Planning Board Dear Members of the Planning Board, Please add my voice to the community's desire to preserve Orient and our farming and community culture while respecting the rights and wishes of owners. I am committed to preserving our farms and support moving the subdivision of the Dyer property to another parcel. My deep concern is that with this subdivision we will be destroying the aspects of Orient and the North Fork that we value most;active farming,the village culture,the rural land and sea landscapes that are the magnet and reason we live here. It is rare and at risk. Farming is a major economic contributor to the economy on the North Fork,a part of the culture drawing more and more people to this vibrant place.The new economy is driven by a strong sense of local place where people can live,have jobs and contribute to a local economy. A subdivision like this invites the aspects of development that we have come here to escape;an economy driven by separation not community.We fear that these parcels will be purchased by people with the means to build large homes without any care for the community we love. There are few places in this country with a sense of place like Orient.Inviting large scale housing, with no sense of boundary,will destroy what we have culturally and shift the community to another real estate driven community without a sense of locale or place. We will become a community that places dollar values over its farnzing roots if we open the door to this non-sustainable economic activity.The addition of five sites on the edge of a salt pond will add to the degradation of the bay. I ask you to act to preserve our community. Allowing the building of McMansions on this property will forever destroy the nature of this place.We will be supplanted by a community of tourists rather than a community of contributors building an economy with farming at its core. Sincerely, Drianne Benner Cc: S. Russell/Town Board H.Lanza/Planning Department M.Spiro/Land Preservation Venetia Hands to P. O. Box 398, Orient, New York 11957 ry-fr l�y 917-363-4757 (cell) venetia@handsconsulting.com Donald Wilcenski,Chairman Southold Town Planning Board 54375 Main Road, P.O. Box 1179 Southold. NY 11971 December 12, 2014 Dear Mr.Wilcenski, Re:Conservation Sub-Division in Orient:South Dyer,North Dyer,North Brown,South Brown I am writing to ask that you keep the Public Hearing on this conservation subdivision open until all requested studies and reports have been submitted and the public has had an opportunity to both view them and comment at one of your meetings. The Tuthill family is doing so much to preserve the most exquisite vista in Orient(South Dyer). I am incredibly grateful to their stewardship.And yet, like many in Orient, I fear that the current plans might change beyond repair the extraordinary experience of entering Orient. In particular,the size of houses that could ultimately be built on these lots is totally out of proportion to almost anything else in Orient,certainly in the immediate surroundings.A 20,000 sq.ft. house, comprising 2 x 8,000 sq.ft. stories and 1 x 4,000 sq.ft. half-story is really, really big. I hope the View Shed Analysis will show all of us what this might look like in the vista. Ideally,of course, I would prefer to see no new buildings in the division. I'd much prefer to have more in the other areas.And I understand that by asking you to combine the four parcels for purposes of the division,an extra lot may be allowed on South Dyer. I thought that ruling was intended to take development away from the water and fragile areas,so this seems counter-productive and a hazardous precedent. You have a very difficult task to determine the best interests and rights of all interested groups. I hope you,your board,and the Tuthill family will be guided by a very wise and far-seeing hand. Yours sincerely, Venetia Hands CC. Members of Southold Town Planning Board: Pierce Rafferty,William Cremers,James Rich, Martin Sidor; Scott Russell,Southold Town Supervisor and Members of Southold Town Board:William Ruland, Louisa Evans,Jill Doherty,James Dinizio,and Robert Ghosio; Heather Lanza, Planning Director; Mr.and Mrs. Reginald Tuthill. Dec 12,2014 Mr.Scott Russell,Southold Town Supervisor Mr.Donald Wilcenski,Chair,Planning Board Mr.Pierce Rafferty,Mr.William Crements,Mr.James Rich,Mr.Martin Sidor, � 54375 Main Rd. D Southold,NY 11971 DEC 12 2014 RE:Tuthill Oysterponds Holding Company,pending subdivsion — Southold Town Dear Mr.Russell and Members of the Southold Town Planning Board Planning Board As Southold Town residents for 38 and 27 years respectively,we wish to add our voices to the chorus of disapproval opposing the proposed development at the entrance to our village. This is an ecologically sensitive site with the highest scenic value;it will be despoiled by 5 homes that can be expected to be significantly larger than the homes in our historic village. Protection of this site has been called for by the 1992 New York State Scenic Byways Program,again in the 2001 Scenic CorridorManagement Plan,and again in the 2005 Town of Southold Hamlet Study, and again in the 2011 draft of Community Character Chapter of the Southold Town Comprehensive Plan.The value of this site is clear and uncontested. We ask you to vote"no"to this pending subdivision. We have seen throughout the east end and the nation that there are alternatives to subdivision,where the landowner receives financial value and the public benefits as well. We ask that you consider alternatives such as purchasing the land with Community Preservation Funds. The public could add funds to this effort. Or, consider what the Town of East Hampton arranged with the owners of Gardiner's Island: purchasing a development rights lease for 20 years. Further,we ask that the Town provide more resources for the completion and adoption of the Comprehensive Plan and the development of tools and programs to protect our heritage before more is lost. The Plan has been in the draft stage for over five years,and we commend the effort and product of the professional staff, but to expect the Town's small staff to manage the various day to day processes of land development while completing The Comprehensive Plan is clearly unrealistic. Please add resources so that the process can be completed and implemented before more open space and farmland is lost. We all love and benefit from the rural,historic vistas and farmlands that are Southold's magnificent heritage. Together we can protect it. Sincerely Yours, TomW= ME�e organ 855 Southview Browns Hills,PO Box 511,Orient,NY 11957 Cc: D.Wilcenski/Planning Board, H.Lanza/Planning Department,M. Spiro/Land Preservation 19v bf FV WL Anne S. Hopkins 380 Platt Road/P.O. Box 82 Orient, NY 11957 631 323-2527 December 11, 2014 Donald J. Wilcenski, Chair Southold Town Planning Board Town Hall Annex/P.O. Box 1179 Southold, NY 11979 Dear Mr. Wilcenski, I am writing to urge you and the other members of the Planning Board to keep the hearing on the Tuthill Conservation Subdivision open for public comment beyond the December 15 date of the next hearing. This will enable concerned residents to review the additional information that we have not yet seen. As you know, this proposal is of great interest not only to many Orient residents but to others in Southold Town concerned about its potential impact. We are especially anxious that the South Dyer property be preserved as much as possible. Sincerely yours, Anne Hopkins oECL0 �lL DEC 1 12014 Southold Town Planning Board Sabatino, Alyxandra K. From: Kevin Perry <kevinperry@att.net> Sent: Thursday, December 11, 2014 10:32 AM E C E u U E To: Sabatino, Alyxandra K. U� l� Subject: South Dyer subdivision DEC 1 12014 Southold Town Thank you for your answers:to elaborate on my traffic concerns: Planning Board I believe that this past summer the farm stand had a few days when it was forced to park cars on the road; not often but I believe it has happened. It is on a limited vision curve;vegetation to the East blocks limits vison to about 250 feet. Road traffic is relatively fast with ferry drivers who are frequently crazed on the%hour. I am concerned that with the growth of farm stand traffic(a good thing) we are seeing a dangerous condition start to develop. The proposed scheme sets the farm stand in what appears to be a separate lot which could make adding or adjusting parking difficult. This is based on my own observation and is based on one or two occasion this summer. From: Sabatino, Alyxandra K. [mailto:alyxandra.sabatino@town.southold.ny.us Sent: Wednesday, November 05, 2014 12:48 PM To: 'kevinperry@att.net' Subject: RE: Oreint Subdivisions. Good Afternoon Kevin, The responses to your questions are outlined below. Please let me know if you would like additional information. Thanks, Aly Alyxandra Sabatino Planner,Town of Southold Phone:631-765-1938 Email:Alvxandra.Sabatino@town.southold.nv.us From: Kevin Perry [mailto:kevinpgrry@att.net] Sent: Friday, October 31, 2014 9:28 AM To: 'Sabatino, Alyxandra K.' Subject: RE: Oreint Subdivisions. 1. General a. Where can we find up to date minutes of Planning Board meetings and copies of the staff reports of the subdivision review? To view the Public Meeting minutes please follow the below directions: i. Go to the Town of Southold website www.southoldtow�v ii. Click on the orange Laserfiche link located on the bottom left of home page iii. Click on Planning Dept. folder iv. Click on Planning Board Minutes v. Click on 2014 1 b. Should the ERSAP plans indicate State Agricultural Districts? Yes, State Agricultural Districts should be shown in the ERSAP pursuant to§240-10(n) (1). c. Will full engineering packages, including grading, road design, recharge,fire protection,etc. be required before final review. Yes. 2. Orchard Street a. Two different subdivision plans have been posted on your website.One has most of the lots are accessed from a private road;the other has most of the lots accessed from existing public streets. Which is being considered?Attached, is the map that the Planning Board granted Sketch Plan approval on (Sketch Plan is the first stage in the subdivision application). However,the Planning Board has not finalized a design and is considering other design options. Before a design decision is made,the Board will hold a public hearing to hear the input of the community (the public hearing is required to be held in the Preliminary Plat, the second stage in the application). 3. Tuthill Subdivsion a. I assume that the new lots,one called Farm Stand and the second an undesignated lot in the NE corner are in the Open Space. What is the justification for creating two non-conforming lots?The Planning Board can create non-conforming lots where necessary to preserved agriculture farm land and scenic view shed, etc. under the clustering provision in Town Code.Clustering creates subdivision open space, the undesignated lot in the NE corner is subdivision open space created from an approved set off in 2002 entitled "John Tuthill". b. The current Farm stand parking is inadequate at peak periods during the summer. As North Fork farm stands continue to attract more customers a lot devoted to this use should be capable of parking expansion. Has parking been reviewed? Parking has not been reviewed. Please clarify/elaborate what is considered inadequate parking. c. The town zoning code requires the merger of non-complying lots with common ownership. While the ownership of the house in the NE corner is not identified, it is apparently under common ownership. Shouldn't this lot be considered as merged with the larger parcel?The Planning Board approved a set off in 2002 entitled "John Tuthill" and therefore the merger law does not apply. d. House Sites and grades over 15%are not shown. Shouldn't they be?The ERSAP shows existing house sites and the grades 15%or greater are shown as dotted gray areas (they are hard to see). z Kathleen Kmet Becker 154 King Street PO Box 151 Orient, New York 11957 December 10, 2014 Members of the Southold Town Planning Board V Chairman Wilcenski Members: Cremers, Rafferty, Rich and Sidor And Members of the Southold Town Board Supervisor Scott Russell Members: Ruland, Evans, Doherty, Dinizio,and Ghosio The view coming into Orient is truly iconic and every time I cross the causeway it is a breath-taking and welcoming sight which tells me I am coming home. I am writing to strongly urge the Board to leave open the opportunity for public discussion on the Tuthill Family proposal for subdivision of their properties in Orient beyond December 15th. The size and scale of the homes that could legally be built on the South Dyer site would overshadow anything in the current view and forever alter Orient. It is important that the results of the study of what impact building on South Dyer will have be available and understood by the community. Equally important is that the community have an opportunity to be part of the process and express their views to the Board,before a final decision that will forever impact the Hamlet of Orient.. The Tuthills have been stewards of the land for over 350 years and Orient means a lot to them and it is wonderful that they have chosen to conserve so much land in their plan. I respect the fact that they are trying to create a legacy for their grandchildren and family into the future. So many of us who are"new to Orient and from away"also have deep love for our home and community. I have only lived in Orient for 20 years,but chose to live here because of its unique character and that fact that it is a special place. D ECEL VE Respectfully, DFC 1 1 2014 ,r 6 Southold Town Kathleen Becker Planning Board 61')bf To -4L Dec. 8, 2014 `� Mr. Donald Wilcenski Chairman Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 A Private Property, a Public Treasure Dear Mr. Chairman: I write as an Orient resident concerned about the Tuthill family's proposal for the creation of five residential lots on the Main Road property known as South Dyre. While it is private property, it is also a public treasure. The vista across the South Dyre farmland to Orient Harbor is arguably the loveliest sight on the 36-mile-long North Fork Trail Scenic Byway. Because of the public's interest in preserving the view shed at the Tuthills' tract, I implore the Planning Board to treat the family's proposal for it with the utmost sensitivity to its scenic quality. Once this spectacular property is developed, there is no turning back. For that reason, I reiterate the recommendations I made in the enclosed Suffolk Times article of Nov. 20: -The Planning Board should go all-out to persuade the Tuthills to accept a limit on the size of the houses that can be built on their lots. -To soften the visual impact of homes that would be built on the property, the Planning Board should make a concerted effort to get the Tuthils to transfer at least one proposed lot at South Dyer to one of their three other developable tracts in Orient. -The town should ask the family to grant it the right of first refusal if any of the unbuilt upon lots come up for sale. If development has to be done at all at South Dyre, it has to be done right. I hope the Planning Board will rise to the challenge. Respectfully, John-Re?o 2440 Village Lane, PO Box 284 I p E C E 0 Orient, NY 11957 cc: Heather Lanza, Director of Planning Southold Town Planning Board Safeguarding our sc,6. ner\/r.--,�rrown jewel "When I cross that causeway, m T► p vthills'hfa�rm l aldt nd Y Y you look out �er`the town code,they could have a whole mood changes." �^ ast,you see houses.What's maximum coverage of about 8,000 My friend was referring to the emo- GUEST EST eing.bbdy are large McMan- square feet;including decks and out- tional lift she gets every time she en- SPOT 'ons and,in the event the buildings. (A home could actually be ters Orient from the west.No wonder roposal through,we will have a 20,000 square feet in size,since houses What is her es is a sublime view JOHN HFNIC1f greets eyes all of° ns;we will look like can be 21/2 stories above ground.)By of fertile farmland sloping down to u ton d , ponack." comparison,homes on Village Lane wetlands and,beyond them,the ever- Zo 'five lots al- usually run Ibout 2,000 square feet, alluring waters of Orient Harbor with land.But more must be done to safe- ws for ones bid enough that their with i'ootprints around or below 1,200 Shelter Island as a backdrop.Add to guard the beauty of this spectacular uare footage-AW� by dd 6 fes - squ"feet-according to Kevin Perry, this the picturesque Latham's farm property. If the Tuthills would agree ent's calculatict,w, as much as 10 an architect who lives on the street. stand,which anchors this stunning to a covenant restricting building size, es great "` "` ire typical Of course;'being public-spirited property along Main Road, and you they would go a long way toward"al- ome on in Ori- fobs,the Tutbihs likely would want to have what has to be one of the most laying community concern about the nt's Natio , and construct homes exquisite vistas on the East Coast—a scale of houses that could be con- pproximat y e size of s rn 11 e r t h a n More must scenic crown jewel,in other words. structed on their five lots. ublic boilti like Po- what's allowed. This vista is not only exquisite but is Among those voicing this concern uatuck Hatlratla gtitmsl But.there might be done to also exceedingly rare;farmland within is Orient resident John Dispenza,who d Methodist c�ehe� tome a tie when safeguard the sight of saltwater has largely vanished said the following at a:recent Plain- Given that a of the ro v ed a_ member instate after Northeastern state. Wing hoard liearing on the family's ots measure p t�y` 0 rnr.me-members would beautyOf this My friend is hardly alone in appre- plans. Coming across Orient right uaze feet ace and t�' ' too want to sell their ciating the mood-enhancing quali- now, when you look out across the ercent of that'space, # tna- lot"to + r;ousider SpeCtdCU�dr ties of this property.They're cherished :� whop enough that the Orient section of the $,040e of maxi- property. draft chapter on community charac- Flit' rn# i+srnlssible ter of the towns 2020 comprehensiveDrs6ui ss w .� dimensions.That's why the town must plan lists as the hamlet's No. 1 goal �+�Ive''1ti vinrc DlnrN�vi� <:` seek toversuade the Tuthills to con- "Preserve the gateway roe east °�1e 571ZL Sl+Is7`A'C g Y property rtY � � seat to a 1#�t on building size. (They of Latham's farm stand(scenic vista is cannot be forced to do'so.)As a far- important)." Cher precaution;the town should ask Which brings us to the plan of the >r the family to grant it the right of first Tuthill family—for generations the .%� refusal should any of the lots come up owners of the 35-acre property where for sale.It's also worth Vying to per- lots there along its eastern as art 1 p pe the impact Latham's sits—to create residential suade the Tuthills to so ng � p ® ofhomes on the ro '� 'scenicvista of a conservation subdivision. by transferring one of the proposed Reg Tuthill told me that the plan, r+ lots to one of their three other devel- which must be approved by the town, � 0 l01e-parcels in Orient. represents the result of estate plan- -Whatever scenario unfolds, the ning that began in 1986.The inten- : ' "` must be compensated for lion is to create five lots, ranging in any. . ' icrifics It would make size from 0.5'to 0.9 acres,for family to sa pllic's desirefor ad members to build on at an undeter ditional prof ns of this splendid mined time. ;` site. Good stewards land de- In a fine demonstration of public- �r� serve no leis. K spiritedness by the Tuthills,this plan f preserves all but a total of 3.9 acres as /]� d open ace,leaving intact wetlands, „n,qc�c low+ R� • dw who is P P � %MWr wrk*r WW" 4yry s lior Far tires/Re- the farm stand and most of the farm- PM WAUX4M Cpmoc!t view Hwwsgnmp,He Um In Orisnt �Lj� December 3, 2014 Mr. Donald Wilchenski Chair Southold Town Planning Board This letter is coming from all of the homeowners at the western side of Brown's Hills Estates.We live adjacent to or close by the proposed North Brown conservation subdivision (SCTM #1000-3-30.3). And we unanimously agree that adjustments to the proposal need to be made. We want to say clearly that we have no opposition to upland building lots that help preserve scenic and important wetlands areas. We also want to thank the Tuthill family for centuries of preservation of this and other properties in Orient. Our concern is with the design of the North Brown subdivision which has the maximum detrimental impact on existing housing. As currently designed,the access road runs directly on the property line with the current Brown's Hills Estates properties. Our houses were built(long before the current owners)very near that western boundary. By running a road on that boundary, all traffic will pass within 50 feet of existing houses. An easy solution exists modeled on Hillcrest Estates at the eastern edge of Brown's Hills. If the access road runs up the middle of the proposed subdivision and if new lots back up on the western Brown's Hills boundary,everyone will have maximum privacy. Given these concerns,we are also additionally worried that any transfer of lots from the farm stand property(South Dyer SUM#1000-17-6-14.2)to North Brown will compound the access and privacy issues mentioned above. We strongly request that the Planning Board approve North Brown with these modifications to protect all the homeowners—historic and new. Sincerely, Sherry Thomas and Lynn Witt Alix Pearstein and Bill Adams Jesse and Elizabeth Gordon Mary Foster Morgan and Tom Morgan Deborah Marland and David Backus Gerri and Paul McNamara Mark and Elizabeth Villanti Edward and Jo Ann Constantino Bill Ryall and Barry Bergdoll Heather Lanza Scott Russell _ Planning Board members tDEC 2014 Southold Town Planning Board ,,o,4 Jerie R. Newman 922 Youngs Rd./ P.O.Box 327 Orient, NY 11957 December 3, 2014 Members of the Southold Town Planning Board Chairman Wilcenski Members: Cremers, Rafferty, Rich and Sidor And Members of the Southold Town Board PPlanning8oard 2 pn 2 Supervisor Scott Russell E t� E Members: Ruland, Evans, Doherty, Dinizio,and Ghasio - 52014 Re: TUTHILL CONSERVATION SUBDIVISION PLAN thold Town The vistas that frame the entrance to Orient are a precious resource. I look forward to the results of the study of the impact that building on the South Dyer area of the plan would have,and I ask that the Planning Board leave open the public discussion until that study is done. The first five men to settle in Orient(Oysterponds as it was then called)were John Tuthill,John Youngs,Jr., Israel Brown, Richard Brown,and Samuel King (my ancester). This was prior to 1661. Old records indicate they were farmers. Their lots were laid out from north on the Sound to south on the Bay. The lands I am referring to (Tuthill and Brown) have been in the Tuthill-Brown family for 350+ years. How wonderful that the family has been the stewards of this land all these years. It is also wonderful that the present Tuthills have chosen to conserve so much of the land in their Conservation Subdivision plan. I know them,and I know Orient has always meant as much to them,as it has to my family,and as it has to the many people who have chosen over the years to live in Orient. It is a"special place." Every person who drives on the causeway heading toward Orient immediately observes probably one of the most scenic views in Southold Town,and in my opinion,all of Long Island. To the left is L.I. Sound-to the right is Gardners Bay. In front of you are the creeks and the meadows on both sides of the road;to the left are the stately homes on the hill,and,to the right,you see the old crabs shack, Latham's farm stand located on the acreage that is farmed,as well as the modest homes on Oysterpond Lane. Looking straight ahead and a little to the left is the Congregational Church steeple rising above the trees. It is the oldest Congregational Church in New York State. Every time we reach the causeway toward Orient, my husband and I comment on the breathtaking view-"we are going home." Although my husband owns a home on Oysterpond Lane that would be affected by the proposed building lots,it is the Tuthills'South Dyer piece,and they have a right to build. However,the size of the homes that could be built-by right- on those lots would dwarf any house now existing anywhere in Orient. Huge mansions that do not fit in the hamlet would mar the scenic view that everyone loves. I would hope the Planning Board and the Tuthill family would rethink this plan taking into consideration the size of the homes that can be built on the lots now planned for South Dyer and PREFERABLY relocate those few lots to North Dyer, North Brown and South Brown.That would leave the magnificent scenic vista that we all love and enjoy,as it is now,and hopefully, FOREVER. Sincerely, ie R. Newman 00 HL -VIA 335 Detroit St. Denver, Colorado, 80206 To: Southold Town Planning Board, Nov. 18, 2014 Reference: Notice to Adjacent Property Owners mailed October 15, 2014 and public hearing held on November 3, 2014. Dear Sirs, On November 3, 2014, a public hearing was held on the matter of the Planning Board's consideration of the Tuthill Oysterponds Holding Company. Notice of this hearing was sent to all Adjacent Property Owners referencing paragraph 240- 42F of the Southold Town code. However, it was revealed at the meeting that in addition to 240-42F,240-42G was also to be considered as part of the application and discussion. At the time,Town Planning Director Heather Lanza acknowledged that the second paragraph was omitted from the notice to Adjacent Property Owners due to a "clerical error". Such omissions or clerical errors are not unusual in bureaucracy. However, correcting these errors or omissions should be essential and expedited,for the credibility of the Planning Office and the Planning Board, and full disclosure to the Property Owners. With this in mind, I request that the meeting contents pertaining to 240-42G be removed from the minutes record and that a new notice be sent to the Adjacent Property Owners notifying them that the project also includes 240-42G and that it will be a discussion item at an upcoming public hearing of the Planning Board. The notice mailed on October 15, incorrectly depicted the considerations of the Tuthill Oysterponds Holding Company,to the Property owners, citing only 240-42F.To be in compliance with the guidelines of notification, both paragraphs should have been cited. Therefore,the Planning Board is in violation of it's own policies and is disregatding it's obligation to the Adjacent Property Owners. The content of 240-42G has far greater implications than 240-42F and deserves a more thorough investigation and discussion, especially in light of the fact that, by the Board's own admission, such far flung transferring of development rights has not previously been done in Southold town. Finally, please do not be misled by the Denver address. Be assured that I am a property owner in Southold Town. I own property that borders more than 300 feet of SCTM#1000- 17-4-16 (Dyer North) in addition to property in the Village of Orient. I hope you will honor this request and realign your proceedings with the code by which you operate and are bound. Eleanor Kip Hughes D E C E goW NOV 2 SoutholPlannin EARL CARTER 1405 VILLAGE LANE ---�-- ~�-- � P.O. BOX 164 �iT . , ORIENT, N.Y. 11957 �� '� t ; November 8, 2014 Southold 7owfi Planning Boar;l. PLANNING BOARD Town Of Southold 54375 PO Box 1179 Southold, N.Y. 11971 RE: Tuthi110ysterponds Subdivison Dear Planning Board, You have been given an opportunity few of us will ever have in a lifetime. To think, you can drive by Latham's Farm Stand with your grandchildren and be able to tell them that this iconic view exists because you had the courage and wherewithal to stop development at this site.What an opportunity to do something meaningful as a public servant. Frankly,if it was up to me I would put a plaque with all your names at the site. And Reggie's name as well if he agrees not to develop at the site. Also,it should be noted,and may come as a surprise to some of you considering comments made at the public meeting,but the Tuthill family HAS NO HISTORICAL HISTORY at the South Dyre property in question. In fact the property was not even obtained at market rates.John(?) Dyre did not pay his taxes.And it was sold by Southold Town as a tax lien to Ruth Tuthill's uncle in the 1960s. Do the right thing. Do something your grandchildren can be proud of. $est Regard,. �v Earl Carter i p EC7� VE NOV 12 2014 Southold Town Planning Board � ` III•IVY� .:�..: .. r " The Voiew " This view from Latham's Farm Stand is one of the most bucolic in America. There will be less of it if the Tuthill Oysterponds Subdivision is approved by the Planning Board. Contact the Southold Planning Board, the Town Council, the Peconic Land Trust, and let them know how you feel about this view--and farmland--being changed forever by development, as well as the rest of the subdivision proposal that slices up some of the most beautiful land remaining in Orient. Surely, a compromise can be worked out. Save "The View" Committee Orient New York VXVL.,KAI ,-IDS ROBERT S. HUGHES p E C E D V E 1025 PETE'S HILL ROAD NOV 1020114 ORIENT, NY 11957 Southold Town Planning Board November 10, 2014 Southold Town Board Southold Town Hall 53095 Route 25,P.O. Box1197 Southold,NY 11971 BY HAND RE: Tuthill Subdivision Application Southold Town Code Sec. 240-42 F and G Dear Supervisor Russell and Town Board Members, There is a substantial flaw in the Planning Department's file for the Conservation Subdivision in Orient which has been proposed by the Tuthill family. Throughout the application narrative,the provision of the Town Code under which this application is proceeding is cited as Section 240-42 F which reads as follows: F.Where two or more properties are held in common ownership by the applicant(s) and the properties are adjacent or contiguous to one another,whether separated by a public ort private street, utility easement or other such easement, the Planning Board may require clustering of the cummulative permissible yield onto one or more of the parcels. (My emphasis) As you can see, Section 240-42 F allows for parcels which are contiguous to have their acreage combined when calculating"cummulative permissible yield".This section also provides for the building lots to be distributed between the adjacent lots.as the Planning Board sees fit. The Tuthill application consists of four parcels. Two of the parcels (the Dyer properties North and South) adjoin each other and would qualify for treatment under Section 240-42 F. The other two parcels (the Brown properties,North and South) adjoin each other and would also qualify for treatment under Section 240-42 F. However,the Dyer properties and the Brown properties are approximately three quarters of a mile apart. They are not adjacent or contiguous, so Section 240-42_F is not applicable by its terms. The entire file,therefore, is defective in its reliance on an inapplicable subsection. There is,however, a subsection in the Town Code which is directly applicable to this proposed subdivision. The fact that the Brown parcels and the Dyer parcels are not contiguous to one another is specifically addressed by Section 240-42 G of the Town Code which reads as follows: G. Where two or more properties are held in common ownership by the applicant(s) and the properties are not adjacent or contiguous to one another the Planning Board may require clustering of the cumulative permissible yield onto one or more of the parcels subject to an approving resolution by the Town Board. (My emphasis) One of my concerns is that the omission of any reference to Subparagraph G. in the application may render the application, the public notices and the Planning Board's hearing of November 3, 2014 defective. To remedy this defect, what is the Town Board's procedure toward granting an"approving resolution" of this sort? I asked the Planning Department staff and also the Planning Board, at the hearing on November 3,if they knew what the Town Board's procedure regarding such resolutions might be. They did not know. It appears that this issue has never been raised before as Subparagraph G has never been employed. In light of the time and effort which the Tuthill family has already expended on this application,I believe that the Town Board should decide, sooner rather than later, whether it is in favor ofthe transfer ofyield between non-contiguous,non-adjacent parcels under Subparagraph G., before more time is wasted. Further, in light of the fact that Subparagraph G. has never been used before, it seems only fair to the citizens of Southold Town that the Town Board place this"approving resolution"on the agenda of a Regular Town Board meeting where members of the public may voice their opinions and hear from the members of the Board what their opinion is regarding the merits of this aspect of the Tuthill's application. I thank you for your time and attention to this issue. I look forward to hearing from you. 1 cerelly, Robert S. Hughesd cc: Southold Town Planning Board Southold Town Attorney COUNTY OF SUFFOLK 0--5� STEVEN BELLONE NOV 1. 0 70?h 0 SUFFOLK COUNTY EXECUTIVE Southold Town DEPARTMENT OF HEALTH SERVICES JAMES L. ' ,MSW Commissioner November 5,2014 Alyxandra Sabatino Planning Board P.O. Box 1179 Southold,NY 11971 RE: Proposed Conservation Subdivision Open Development Area SCTM# 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 & 1000-18-6-17.3 Dear Ms. Sabatino: The Suffolk County Department of Health Services (SCDHS; "Department") has received a letter from your office dated October 8, 2014 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 A. Article VI Application Status: Our agency has not received an application for the proposed lot line modification as required by Article VI 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. DIVISION OF ENVIRONMENTAL QUALITY—Office of Ecology 360 Yaphank Avenue,Suite 26,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, Philip R. de Blasi Office of Ecology Orient Fire District Board of Fire Commissioners (631) 323-2445 orientfired&ontonline.net Joseph Wysocki,Chairman • Scott Harris•Richard Ntilligan•Arthur Ruroede •Andrew Binkowski Felice Semon,Treasurer•Diana Whitsit,Secretary November 5, 2014 T pnTE T V� Alyxandra Sabatino ff Planning Board Office NOV 10 2014 Town of Southold Southold Town P. O. Box 1179 Planning Board Southold, NY 11971 In Re: Request for Review on Proposed Conservation Subdivision Open Development Area (ODA) for the Tuthill Oysterponds Holding Company. Dear Ms. Sabatino: The Chiefs and the Commissioners of the Orient Fire District have reviewed the subdivision application regarding equipment access, emergency services and other pertinent issues. Prior to building on any of the parcels except South Brown(1000-18-6-17.3), the Fire District requires that the subdivision have either a 10,000 gallon tank or a 400 gallon per minute draft well with a maximum 15' depth to water. Any wells over 15' depth to water must be electric. There must be 15' area of access around the tank or well. Installation should be placed as noted on the attached Sketch Plans. The Fire District must be contacted for specifics on well or tank fittings. All parcels except South Brown must have larger sized cul-de-sac end of road turn- arounds, at least 25' wide, to allow fire truck access and turn around space. All roads must be maintained to have 15' by 15' clearance as per Town Code. Thank you for your attention to these requirements. Cordially, Board of Fire Commissioners Orient Fire District 23300 Main Road ♦ Orient,NY 11957 ♦ (631) 323-2445 ♦ Fax (631) 323-9706 MAILING ADDRESS: PLANNING BOARD MEMBERS OF S0 P.O. Box 1179 DONALD J.WILCENSKI ��� y�lO Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex PIERCE R.AFFERTY 54375 State Route 25 JAMES H.RICH III O (cor.Main Rd.&Youngs Ave.) MARTIN H.SIDOR IyC�Ul11 �� Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 4, 2014 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: Public Hearing Held Open — Proposed Conservation Subdivision Open Development Area for the Tuthill Oysterponds Holdng Company North Dyer& North Brown are located on the n/s/o NYS Route 25, approximately 366' w/o Oysterponds Lane & approximately 2,223' e%o Platt Road, respectively. South Dyer& South Brown are located on the s/s/o NYS Route 25, approximately 460' w/o Oysterponds Lane & approximately 1,960' e%o Platt Road, respectively. All properties are located in Orient. SCTM#1000-17-4-16, 17-6-14.2, 18-3-30.3 and 18-6-17.3 Zoning Districts: R-80 & R-200 Dear Mr. Tuthill: A public hearing was held by the Southold Town Planning Board on Monday, November 3, 2014 regarding the above-referenced Conservation Subdivision Open Development Area. The public hearing was held open. The next public meeting of the Southold Town Planning Board will be held on Monday, December 15, 2014 at 4:30 p.m. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman : II ► ► $OX 282.ORIENT, NEW YORK 11957.ORIENTASSOCIATION.ORG November 3, 2014 FH E � � O An U Planning Board Pi F c 5 201� Town of Southold 54375 Main Rd Southold Town P.O. Box 1179 Planning Board Southold,NY 11971 Re: Tuthill Conservation Subdivision Gentlemen The Orient Association recognizes and welcomes the efforts and commitment that the Tuthill family has shown in their proposal for a Conservation Subdivision project that preserves so much of the open land in our hamlet. We appreciate the time,money and sense of community that has been devoted to creating this proposal to date. The Association also appreciates the efforts that the Planning Department staff and the Planning Board have taken to carefully review this proposal. Because this project is so important and holds so much promise of benefit to the community,it is important that the decision process take into consideration the key elements essential for sound planning. Examination of water issues,drainage, relationship to nearby properties and impact upon the environment all need to be carefully weighed. Critical among these factors is the effect on the scenic vista that is such an integral part of the character of Orient,and Southold in general. We applaud the Planning Board's direction that a study be done simulating the effect that construction of houses would have on that scenic vista,and we look forward to reviewing that study as soon as it is completed and submitted. The public hearing process for projects of this type is an essential element of good planning. The community needs an opportunity to provide input to the town policy makers and the agencies that carry out those policies. But to be most effective,this process should be thoughtful and well-informed. Community members have a duty to base their responses on a careful review of the plans submitted,as well as the various studies and reports that interpret these plans. Planning Board 2 Tuthill Conservation Subdivision Because of this,public input on this proposal needs to reflect certain essential information that is not yet available. Studies being done relating to the proposal are not yet complete and available for public review. This includes the view shed simulation study that the Board has wisely required. These reports may address many of the issues that are most important to the community,and may alleviate concerns or highlight critical issues that need to be resolved. The Orient Association asks that the Planning Board leave this hearing open until the view shed analysis and any other pending analyses are completed,and the public has a brief period to review that material. An adjourned date for this hearing should then be scheduled. In this manner,the community can fulfill its obligation to provide informed and thoughtful response to this most important,and potentially beneficial project. cerel ours, Robert E.Hanlon President A v 4W ECEHE01 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION NOV b 2014 STATE OFFICE BUILDING 250 VETERANS MEMORIAL HIGHWAY Southold Town HAUPPAUGE, N.Y. 1 1788.5518 Planning Board JOSEPH T.BROWN,P.E. JOAN MCDONALD REGIONAL DIRECTOR COMMISSIONER October 31, 2014 �� Ms. Alyxandra Sabatino, Planner Town of Southold P.O. Box 1179 Southold,NY 11971-0959 Town of Southold October 9, 2014 Submission Four Proposed Subdivisions NY 25, Southold North Dyer SCTM# 1000-01700-0400-016000 Our Case No. 14-46157 South Dyer SCTM# 1000-01700-0600-014002 Our Case No. 14-46163 North Brown SCTM# 1000-01800-0300-030003 Our Case No. 14-46165 South Brown SCTM# 1000-01700-0600-017003 Our Case No. 14-46166 Dear Ms. Sabatino: This is to acknowledge receipt of the Town of Southold submission for the above four project applications. We have the following general comments relative to all sites: 1. Highway Work Permits will be required prior to performing any work in the NY 25 right- of-way(ROW), including, but not limited to access, sidewalk, curb, drainage, landscaping, utility installations,,-etc. 2. In order to progress a detailed review of each site we recommend that the design professional consult our driveway policy manual which is available on our website at www.dot.ny.gov. 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. Including all required checklist items on the plans which can minimize subsequent plan Ms. Alyxandra Sabatino October 17,2014 Page 2 of 3 revision requests. All work and material details shall be shown referenced to NYSDOT specification item numbers. Each site should be submitted as its own application. 3. Sidewalk should be considered along the NY 25 frontage for all locations, if not currently in place. If necessary, existing sidewalk should be reconstructed so that it is compliant with Americans with Disability Act (ADA) standards. We recommend a minimum sidewalk width of five (5) feet. 4. Site access should be considered from local roads, where applicable. 5. For the North Dyer, South Dyer and North Brown sites, the proposed driveway right of way should be increased to fifty (50) feet to accommodate the proposed subdivision street design requirements for access to NY 25. Consider realigning the North Brown subdivision lots so that access is through North View Drive. 6. For the South Dyer site, the farm stand access appears different on Google Earth maps than what is depicted on the submitted plan sheet. The farm stand access does not appear to conform to our access requirements for State highway access and should be modified as part of this project to meet current NYSDOT Design guidelines for access to NY 25. For each site please have the design profession submit a separate application. They should submit one (1) paper copy of the plans and one (1) paper copy of a response letter and one (1) electronic copy of each of the noted items in pdf format. The response letter shall state how the above comments are addressed, item by item. Review of the subject project 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. Kindly refer to the subject case number and County tax map number in all correspondence. Thank you for your cooperation concerning this matter. Very truly yours, ZSHAIK A. SAAD,P.E. Civil Engineer III Traffic Engineering and Safety cc: Mr. Vincent M. Orlando, Superintendent of Highways, Town of Southold Mr. Donald Wilcenski, Planning Board Chairperson, Town of Southold SAS:MDW:rq MAILING ADDRESS: PLANNING BOARD MEMBERS '�'OF So(/j�o P.O. Box 1179 DONALD J.WILCENSHI Southold,NY 11971 Chair 41 OFFICE LOCATION: WILLIAM J.CREMERS N yc Town Hall Annex PIERCE RAFFERTY • �� 54375 State Route 25 JAMES H.RICH III ��'. (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR C�[f { Southold,NY Telephone: 631 765-1938 www.southoldtowiiny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 23, 2014 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, New York 11957 Re: Proposed Conservation Subdivision for Tuthill Oysterponds Holding Company SCTM#1000-17-4-16 Zoning Districts: R-80 & R-200 Dear Mr. Tuthill: The Southold Town Planning Board reviewed the above-referenced application at their October 20, 2014 Work Session and found the following: 1. Submit a visual impact study for the South Dyer property. The study will be used to assess potential impacts pursuant to the New York State Environmental Quality Review Act (SEAR). It is recommended that the study include photographic views from State Route 25, a New York State Scenic Byway and show the representative build out of each lot. It is also important to identify any mitigation strategies that have or will be used to lessen impacts of the proposed development on the viewshed. The New York State Department of Environmental Conservation has produced a policy memorandum on assessing visual impacts. It can be found at: http://www.dec.ny.gov/docs/permits ei operations Pdf/visual2000.pdf 2. ' Stake the corners of all proposed lots and 25' wide right of way on the South Dyer property. All stakes must be placed and labeled by a licensed surveyor and remain in-place for the greatest length of time practical. 3. The following two items must be clarified and corrected if necessary, however no changes should be made to the Sketch Plans at this time. 0 • a. The submitted Subdivision map shows SCTM# 1000-17-6-14.3 as 24,984 sq. ft. The approved 2004 set-off entitled "Clustered Subdivision for the Tuthill Family' shows the area of SCTM#1000-17-6-14.3 as 25,015 sq. ft. (set-off map attached) Clarify the inconsistency shown between the approved Tuthill Family set- off and the proposed subdivision. The calculations for the Conservation Subdivision application must be revised to show the correct data. b. A Lot Line Modification entitled "Proposed Line Change on Properties Surveyed for Robert I. Scott, Jr. and John Tuthill" was approved in 1995 that shows the area of SCTM#1000-17-6-14.3 as 32,250 sq. ft. (please see attached lot line change map) The proposed map of South Brown shows SCTM# 1000-17-6-14.3 as 21,332 sq. ft. Clarify the inconsistency between the proposed map and the approved Lot Line Modification. The calculations for the Conservation Subdivision application must be revised to show the correct data. If you have any questions, please do not hesitate to contact this office. Very truly yours, OJJ#C,�� Alyxandra Sabatino Planner cc: Land Preservation Eric: 2004 set-off"Clustered Subdivision forthe Tuthill Family" 1995 Lot Line Modification "Proposed Line Change on Properties Surveyed for Robert I. Scott, Jr. and John Tuthill" Southold Too Ian ning Board Work Session-October Zn!'2014- Page 12 Project - - ............................... oject name: Peconic Recycling & Transfer II SCTM#: 1000 95 2 5 ............................. .. ..................: Location: 560 Commerce Dr., at the intersection of Corporate Rd. & Commerce Dr. Cutcho ue ............................................ ................................................................................................................................................................................................. ........................................................................... Description: This Site Plan is for new construction of a building that includes 32,000 sq. ft. of warehouse space and 2,200 sq. ft. of office space for a transfer station use on a vacant 118,164.2 s ft parcel in the LI O Zone. Status: Approved Site Plan Action: Review revised Site Plan. --.............................................._.._._........._......... .._........................... ............. ........................... ..... .............................. ...... ...................................... ........................... ............... ....... ............................................................ : Attachments: ............................................................................................................................................................................................................................................................................................................................................................................................. ............................................. . . ........................................................................................ ..................................................................._..............................................,..............................._.. ........................ Project Name:..................................__Jose..phson, Zapf.._& Dow........................................................_...._SCTM#: 1000-17-2-1.9 & 6.1 ................................................................................................................................................................................._.............. Location: 900 Birds Eye_Road.& 725 Munn Lane, Orient Description: This proposed Lot Line Modification transfers 0.01 acre from SCTM#1000-17-2-6.1 to SCTM#1000-17-2-1.9. Lot 6.1 will decrease in size from 2.68 acres to 2.67 acres, Lot 1.9 will increase from 2.02 acres to 2.03 acres located in the R-40 Zonin District ...................................................................._...........................................;.........................................................................................................................................................................................................................._9............_................................................................................................................................................................... Status: Pendin..9............................._.._........ .................._._............................................................................................ ........._................................................................................................................................................................................................................................................................................................... c ion_ Review or approval. ....... _................. . . ........ .... ......p..................... . ................................................. .................. .................................................................. ........... .... . .................. Attachments: Staff Report .....__............................................................................_............................,..................................................._..............._.............................................................................................................................................................................................. 1 Project Name: Tuthill Conservation Subdivision SCTM#: oo0- -4- s, 17-6-14.2, 18-3- .. ......................................................................................................_'. ....................................................._'.....30.3.,..._�.8.-6..-_1..... ......�..8-6-18.1 Description: This proposal is for an 80/60 Conservation Subdivision of four parcels (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. SCTM#1000-17-4-16 (North Dyer) is located on the n/s/o NYS Route 25, approximately 366 feet west of Oysterponds Lane, in Orient. SCTM#1000-17-4-14.2 (South Dyer) is located on the s/s/o NYS Route 25, approximately 460 feet west of Oysterponds Lane, in Orient. SCTM#1000-18-3-30.3 (North Brown) is located on the n/s/o of NYS Route 25, approximately 2,223 east of Platt Road, in Orient. SCTM#1000-18-6-17.3 (South Brown) is located on the s/s/o NYS Route 25, approximately....1,96.0.feet.east..of Platt...Road, in Orient ........... ..Status: Pendin.9....................................................................._... ................................................... ._.__............................. . Action: Discuss recommending View Shed Analysis. ................... . ....................... ......... .................... Attachments: Staff Report .... ............ ._................ ........ . ........ ....... ._ ........ .......... .......................................... ........... . ........ . . ........ . Southold Planning Department Staff Report Subdivision Application Work Session Review Date October 20, 2014 Prepared By: Aly Sabatino I. Application Information Project Title: Tuthill Oysterponds Holding Company Applicant: Tuthill Oysterponds Holding Company Date of Submission: July 3, 2014 Tax Map Number: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Project Location: 21505 Route 25 Hamlet: Orient Zoning District: R-80 & R-200 II. Description of Project Type of Subdivision: 80/60 Conservation Subdivision Acreage of Project Site: North Dyer: 21.1 acres South Dyer: 35.4 acres North Brown: 28.75 acres South Brown 26.92 acres-Total of 112 acres # of Lots Proposed: 17 III: Status Pending IV: Action to review Review Scenic Qualities of South Dyer V: Analysis • Applicant is proposing a split cluster 80/60 Conservation Subdivision that incorporates SCTM# 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18- 6-17.3. This transferring of yield is allowed pursuant to §24042 G of the Southold Town Code. • Public water was is not available on any of the sites. • Currently the applicant's proposed method of preservation (required 80% preservation): Sale of development rights to the Town. • The Tuthill Holding Company 80/60 Conservation Subdivision Calculations: o Total Buildable Acreage: 87.78 acres ■ Proposed preservation: 70.36 acres (greater than required amount) ■ Proposed developmental area: 17.42 acres (less than allowed amount) ■ Proposed density: 17 lots (same as allowed amount) Southold Planning Department Staff Report Property Number of Lots Proposed Unbuildable Proposed Proposed Preserved Land Lands (in Development(in __ _ in acres acres acres North Dyer 6 9.87 5.77 5.51 South Dyer � 5 13.88 15.91 5.55 North Brown 5 21.56 2.07 5.12 South Brown 1 _. _._._ _,._...,.. 25.05 0.63 1.24 Total i7.. _ 70.36 24.38 17.42 • The South Dyer property located on the south side of New York State Route 25 has important scenic values as shown by the following: o New York State Route 25 is identified as a Scenic Byway established in 1992 by the New York State Scenic Byways Program. 0 2001 Scenic Corridor Management Plan identifies Route 25 as a Scenic Corridor citing "The most dramatic water view is of Orient Harbor to the southeast and Dam Pond..., featuring...tidal marshes and popular farmstand." o A 2000 Grant of Term Scenic and Conservation Easement on the Southold Dyer property recorded between John B. Tuthill Limited Family Partnership and the Town of Southold. o In 2005 The Town of Southold Hamlet Study and the Draft Comprehensive Plan Community Character Chapter created a goal to preserve the gateway property east of Latham's Farm Stand with an emphasis that the scenic vista is important. • Existing Constraints that may affect current subdivision proposal: o SCTM# 1000-17-6-14.2 (South Dyer): ■ A set off was approved by the Planning Board on August 12, 2002 which shows Lot 2 (now SCTM# 1000-17-6-14.3), the set off, as 0.57 acres or 25,015 sq. ft. The approved map also includes a building envelope referenced as Lot 1. This building envelope is attached to the existing farm field, which was subject to a scenic easement that expired in 2004. o SCTM# 1000-18-6-17.3 (South Brown): o A lot line modification was approved on March 27, 1995 entitled "Robert Scott, Jr. and John Tuthill". This map shows SCTM# 1000- 17-6-14.3 expanded from 21,332 sq. ft. to 32,250 sq. ft., a change in square footage of 10,918 sq. ft. 2 Southold Planning Department Staff Report Next steas of application: o November 3, 2014 Public Hearing is scheduled o November 8, 2014- Declare Lead Agency o November 17, 2014 or December 1, 2014- Review referrals responses and SEQRA review. VI: Staff Recommendations 1. The building envelope (Lot 1) as shown on the approved set off was set aside, outside of the scenic easement. Areas encompassed by the scenic easement prohibit buildings and structures from being erected. The approved building envelope was shown to allow for an area that was not restricted by the scenic easement. The building envelope (Lot 1) was rendered unneeded at the time that the easement expired in 2004. 2. SCTM# 1000-17-6-14.3 is shown on the proposed subdivision map as 24,984 sq. ft. The approved set of shows the area of SCTM#1000-17-6-14.3 as 25,015 sq-ft. Recommend that the applicant clarify the inconsistency shown between the approved set off and the proposed subdivision. 3. The proposed map of South Brown shows SCTM# 1000-17-6-14.3 as 21,332 sq. ft. or the area before the lot line modification was approved in 1995. Recommend that the applicant clarify the inconsistency between the proposed map and the approved lot line modification. The calculations for the conservation subdivision application must be revised. 4. The South Dyer property has important scenic values. Require a viewshed analysis to be submitted for the South Dyer property and require the applicants to stake the exact location of the proposed lots and road. The viewshed analysis shall show the representative build out of each lot. 3 • p �Q(D� *pF SO(/r I ! (4 (�� John M. Bredemeyer III, President ��� Ol0 Town Hall Annex ' Michael J. Domino,Vice-President 54375 Main RoadP.O. Box 1179 James F. King,Trustee Southold, New York 11971-0959 Dave Bergen, Trustee • �OQ Ol�l' � Telephone (631) 765-1892 Charles J. Sanders, Trustee '00UNTI,� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MEMO Date: October 20, 2014 To: Alyxandra Sabatino, Planner From: John M. Bredemeyer III, Preside RE: Review on Proposed Conservation ubdivision Open Development Area for the Tuthill Oysterponds Holding Company; 1000-17-4-16, 1000-17-6- 14.2, 1000-18-3-30.3& 18-6-17.3 Comment: As requested, I have reviewed the proposed Conservation Subdivision Open Development Area (ODA)for the Tuthill Oysterponds Holding Company with Alyxandra Sabatino, Southold Planner, on October 16, 2014 and concur that as presently configured, all development activities on the proposed plots are non jurisdictional under Chapter 275 of the Town Code (Wetlands & Shoreline) and Chapter 111 (Coastal Erosion Hazard Areas) excepting the access path to the Long Island Sound on the North Dyer plot, which to construct would require a Southold Town Wetlands Permit from this office. Additions or changes to the maps which might, among other things, include additional access paths, stairs, catwalks and docks would likely require permits under the aforementioned Codes that the Trustees would respectfully request to comment on prior to final Planning Board approval. The Southold Town Board of Trustees appreciates the opportunity to participate in the Planning process. 0 -5- W-4 A5 Sabatino, AI xandra K. From: Richter,Jamie Sent: Friday, October 17, 2014 2:44 PM To: Sabatino, Alyxandra K. Cc: Terry, Mark; Lanza, Heather; Orlando,Vincent; Martin Finnegan Forward Subject: Tuthill Conservation Subdivision Aly: The preliminary review of the Tuthill Conservation Subdivision shows that the Planning Board is considering a 25' ROW when there are 5 or more lots served. (50' ROW is required) Please keep in mind that the Planning Board may, with the approval of the Superintendent of Highways, approve a minimum right-of-way width of not less than 25 feet in this case. In this case, a 25' ROW may be approved but, to qualify, the site is subject to a requirement that a subdivision would have an overall density of R 200. This density requirement appears to be stretched in this case because the Board is looking at 4 independent properties in an effort to come up with the required density. I do realize that we are dealing with environmentally sensitive properties and spectacular panoramic view sheds that should be preserved here in Southold Town. If this scenario is approved by the Highway Superintendent, as well as the Town Attorney, I see no reason to challenge the Planning Boards reasoning behind it. If Mr. Orlando or Mr. Finnegan have any questions or if you need any additional review regarding this matter, please contact my office. Sincerely; Jamie James A. Richter Office of the Engineer Town of Southold, New York Stormwater Management Control Plan Website: hi tp://www.southoldtowiiny.gov/index.asi)x?iiid=195 Office: 631-765-1560 Cell: 631-926-9430 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. 1 -C�- A ' R New York State Depart of Environmental Consermon 1?(3iL���� Division of Environmental Permits, Region 1 SUNY @ Stony Brook 50 Circle Road, Stony Brook, NY 11790-3409 _ Phone: (631)444-0403 • Fax: (631)444-0360 Website: www.dec.nv.gov Joe Martens Commissioner LEAD AGENCY COORDINATION RESPONSE October 15, 2014 Alyxandra Sabatino Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 Re: LEAD AGENCY COORDINATION REQUEST Subdivision Application Review — Proposed Conservation Subdivision Open Development Area (ODA) for the Tuthill Oysterponds Holding Company North Dyer & North Brown, South Dyer & South Brown Orient, NY SCTM#s: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 & 18-6-17.3 Dear Ms. Sabatino: This letter is in response to your Lead Agency Coordination Request of October 8, 2014 for the above referenced project pursuant to the State Environmental Quality Review Act (SEQRA) of the Environmental Conservation Law and its implementing regulations (6NYCRR Part 617). This Department has no objection to the Town of Southold Planning Board assuming lead agency status for this action. The subdivision of land within the jurisdiction of Article 25 (Tidal Wetlands) will require a permit from this Department. In addition, the subsequent development of any parcels located within the jurisdiction of Article 24 or Article 34 (Freshwater Wetlands and Coastal Erosion Hazard Areas, respectively) will also require DEC permit(s). As such, please include this Department as an involved agency in your SEQRA review process. Please send all correspondence regarding this project to my attention at the above address. If you have any questions, please call me at 631-444-0403. Sincerely, Sherri"Aicher Environmental Analyst AGRICULTURAL DATA STATEMENT TOWN OF SOUTHOLD When to use this form: This form must be completed by the applicant for any special use permit, site plan approval, use variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring this form must be referred to the Suffolk County Planning Commission in accordance with Sections 239-m and 239-n of the General Municipal Law. Applicant Name: Tuthill Oysterponds Holding Co., LLC Address: P.O. Box 86, Orient, NY 11957 Land Owner(if other than applicant): Land Owner Address: Description of Proposed Project: The application is for an 80/60 Conservation Subdivision of four parcels: SCTM#s 1000- 17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acre private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 6 acres of unbuildable lands. North Dyer is localpe_d on the n/s/o NYS Route 25, approximately 366 feet west of Oysterponds Lane, in Orient. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 6 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. South Dyer is located on the s/s/o NYS Route 25, approximately 460 feet west of Oysterponds Lane, in Orient. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.2 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. North Brown is located on the n/s/o of NYS Route 25, approximately 2,223 east of Platt Road, in Orient. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 1 acre of wetlands. South Brown is located on the s/s/o NYS Route 25, approximately 1,960 feet east of Platt Road, in Orient; Is this parcel actively farmed? Yes -SCTM#s1000-17-6-14.2, 18-3-30.3 & 18-6-17.3 r � Tuthill Oysterponds Holding Co. Page Two Agricultural Data Statement Names & addresses of any landowners within the agricultural district containing active farm operations located 500 feet of the boundary of the proposed project: SCTM#1000-18-3-9.9, 9.10 & 9.11: Ralph & Catherine Caslenova, P.O. Box 479, Orient, NY 11957 SCTM#1000-18-6-19.3: The Calverton Group, P.O. Box 177, Orient, NY 11957 Attach a tax map or other map showing the site of the property where the project is proposed relative to the location of farm operations identified above. (�� \ VVVI I q Applicant/Agent Sign ture Date OF SOU MAILING ADDRESS: PLANNING BOARD MEMBERS �� ry0 P.O. Box 1179 DONALD J.WILCENSKI l� Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS G Q Town Hall Annex PIERCE RAFFERTY • �� 54375 State Route 25 JAMES H.RICH III Oly (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Loutm,� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law &Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 3rd day of November, 2014 on the question of the following: 4:31 p.m. Proposed Lot Line Change for The Estate of Albert H. Gordon, located on the corner of Halcyon & Oceanic Avenues, Fishers Island, Town of Southold, County of Suffolk, State of New York. SCTM#s1000-9-7-8.2 & 8.3 4:32 p.m. Proposed Lot Line Change for The Fishers Island Utility Co. & Coleman, located on the corner of Crescent & Central Avenues, Fishers Island, Town of Southold, County of Suffolk, State of New York. SCTM#1000-9-2-13.1 & 15 4:33 p.m. Proposed Site Plan for Belle River Properties, LLC, located at 1350 Alvah's Lane, ±1,190' n/w/o Alvah's La. & NYS Rt. 25, Cutchogue, Town of Southold, County of Suffolk, State of New York. SCTM#1000-102-4-6.1 4:34 p.m. Proposed Conservation Subdivision Open Development Area for the Tuthill Oysterponds Holding Co., LLC, SCTM#1000-17-4-16: located on the n/s/o NYS Route 25, approximately 366' w/o Oysterponds Lane, in Orient; SCTM#1000-17-6-14.2: located on the s/s/o NYS Route 25, approximately 460 feet west of Oysterponds Lane, in Orient; SCTM#1000-18-3-30.3: located on the n/s/o of NYS Route 25, approximately 2,223 e/o Platt Road, in Orient; SCTM#1000-18-6-17.3: located on the s/s/o NYS Route 25, approximately 1,960' e/o Platt Road, in Orient, Town of Southold, County of Suffolk, State of New York. Dated: 10/10/14 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J. Wilcenski Chairman PLEASE PRINT ONCE ON THURSDAY, OCTOBER 23, 2014 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Kalin, Carol From: Cerria Torres <ctorres@timesreview.com> Sent: Friday, October 10, 2014 10:50 AM To: Kalin, Carol Subject: Re: Legal Ad for 10/23/14 Edition of Suffolk Times Importance: High This notice is scheduled to publish in The Suffolk Times on 10/23/14. Thank you rM"I CRfvww NO"GROUP Cerria Torres Display Ad Coordinator 631.354.8011 (D) ctorres@ti mesreview.com legalsa-timesreview.com www.timesreview.com From:<Kalin>,Carol<Carol.Kalin@town.southold.ny.us> Date: Friday,October 10,201410:59 AM To:Times Review<leeals@timesreview.com> Subject: Legal Ad for 10/23/14 Edition of Suffolk Times Please print the attached legal ad for the November 3, 2014 Planning Board Public Hearings regarding the Lot Line Changes for The Estate of Albert H. Gordon and The Fishers Island Utility Co. & Coleman; the Site Plan for Belle River Properties, LLC and the Conservation Subdivision Open Development Area for the Tuthill Oysterponds Holding Co. in the October 23rd edition of the Suffolk Times. An e-mail confirmation of receipt for our files will be appreciated. Thanks. Carol Kalin Secretarial Assistant Southold Town Planning Board Town Hall Annex at Capital One Bank 54375 NYS Route 25, P.O. Box 1179 Southold, New York 11971 631/765-1938 phone 631/765-6640 fax 1 MAILING ADDRESS: PLANNING BOARD MEMBERS O��QF S0(/Tyol P.O. Box 1179 N Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex PIERCE RAFFERTY • �O� 54375 State Route 25 JAMES H.RICH III ��'. �mI (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR C�U ,�` Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law &Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 3rd day of November, 2014 on the question of the following: 4:31 p.m. Proposed Lot Line Change for The Estate of Albert H. Gordon, located on the corner of Halcyon & Oceanic Avenues, Fishers Island, Town of Southold, County of Suffolk, State of New York. SCTM#s1000-9-7-8.2 & 8.3 4:32 p.m. Proposed Lot Line Change for The Fishers Island Utility Co. & Coleman, located on the corner of Crescent & Central Avenues, Fishers Island, Town of Southold, County of Suffolk, State of New York. SCTM#1000-9-2-13.1 & 15 4:33 p.m. Proposed Site Plan for Belle River Properties, LLC, located at 1350 Alvah's Lane, ±1,190' n/w/o Alvah's La. & NYS Rt. 25, Cutchogue, Town of Southold, County of Suffolk, State of New York. SCTM#1000-102-4-6.1 4:34 p.m. Proposed Conservation Subdivision Open Development Area for the Tuthill Oysterponds Holding Co., LLC, SCTM#1000-17-4-16: located on the n/s/o NYS Route 25, approximately 366' w/o Oysterponds Lane, in Orient; SCTM#1000-17-6-14.2: located on the s/s/o NYS Route 25, approximately 460 feet west of Oysterponds Lane, in Orient; SCTM#1000-18-3-30.3: located on the n/s/o of NYS Route 25, approximately 2,223 e/o Platt Road, in Orient; SCTM#1000-18-6-17.3: located on the s/s/o NYS Route 25, approximately 1,960' e/o Platt Road, in Orient, Town of Southold, County of Suffolk, State of New York. Dated: 10/10/14 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J. Wilcenski Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 14th day of October, 2014 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 11/3/14 Public Meeting: 4:31 p.m. Public Hearing for the proposed Lot Line Modification for the Estate of Albert H. Gordon, SCTM#1000-9-7-8.2 & 8.3 4:32 p.m. Public Hearing for the proposed Lot Line Modification for the Fishers Island Utility Co. and Coleman, SCTM#1000-9-2-13.1 & 15 4:33 p.m. Public Hearing for the proposed Site Plan for Belle River Properties, LLC, SCTM#1000-102-4-6.1 4:34 p.m. Public Hearing for the proposed Conservation Subdivision Open Development Area for the Tuthill Oysterponds Holding Co., LLC, SCTM#1000-17-4-16, 17-6-14.2, 18-3-30.3 and 18-6-17.3 &.A�K) Q, Carol Kahn Secretary, Southold Town Planning Board Sworn to before me this Lf Lf.rday of (�Q,,�, 2014. Notary u 'c MELANIE DOROSKI NOTARY PUBLIC,State of New Vbtk No.01 D04634870 Qualified in Suffolk County Commission Expires September 30, ( MAILING ADDRESS: PLANNING BOARD MEMBERS '*OF so yo P.O. Box 1179 DONALD J.WILCENSKI Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS G Q Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR �COU��t�,� Southold, NY Telephone: 631 765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Alyxandra Sabatino, Planner as . Date: October 9, 2014 Re: Subdivision Application Review of: Proposed Conservation Subdivision Open Development Area (ODA) for the Tuthill Oysterponds Holding Company Application Name: Proposed Conservation Subdivision Open Development Area (ODA) for the Tuthill Oysterponds Holding Company Tax Map Numbers:1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 & 18-6-17.3 Location: North Dyer & North Brown are located on the n/s/o NYS Route 25, approximately 366' w/o Oysterponds Lane & approximately 2,223' e/o Platt Road, respectively. South Dyer & South Brown are located on the s/s/o NYS Route 25, approximately 460' w/o Oysterponds Lane & approximately 1,960' e/o Platt Road, respectively. All properties are located in,Orient. Type of Application: X Sketch Subdivision Map (Dated: May 19, 2008) Preliminary Subdivision Map (Dated: ) Final Subdivision Map (Dated: ) Road Profiles (Dated: ) Grading and Drainage Plans (Dated: ) Other (Dated: ) Site Plan (Dated: ) Revised Site Plan (Dated: ) Grading and Drainage Plans (Dated: ) Other (AS BUILT) (Dated: ) 0 • Tuthill Oysterponds Holding Co. Page Two October 9. 2014 Project Description: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6- 17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 6 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 6 lots where the lots range in size from 0.5 -0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 -0.8 acres. This property includes a 1.2 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 1 acre of wetlands. Additional Comments: Please respond to this request by November 3. 2014. Thank you for your cooperation. MAILING ADDRESS: PLANNING BOARD MEMBERS �*0f SOVTy� P.O. Box 1179 DONALD J.WILCENSKI. �� l� Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex R.PIERCE AFFERTY • �O� 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR yCoUffmr Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 9, 2014 Mr. Mark Wolfgang NYS Department of Transportation 250 Veterans Memorial Highway Hauppauge, NY 11788 Re: Subdivision Application Review— Proposed Conservation Subdivision Open Development Area (ODA) for the Tuthill Oysterponds Holding Company Located: North Dyer & North Brown are located on the n/s/o NYS Route 25, approximately 366' w/o Oysterponds Lane & approximately 2,223' e/o Platt Road, respectively. South Dyer & South Brown are located on the s/s/o NYS Route 25, approximately 460' w/o Oysterponds Lane & approximately 1,960' e/o Platt Road, respectively. All properties are located in Orient. SCTM#s: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 & 18-6-17.3 Zoning Districts: R-80/R-200 Dear Mr. Wolfgang: The following Conservation Subdivision Open Development Area is being referred to you for comments: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s 1000- 17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 6 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 6 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. 0 0 Tuthill Oysterponds Holding Co. Page Two October 9, 2014 SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.2 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 1 acre of wetlands. If there are any questions, you can contact us at (631)765-1938 between the hours of 8:00 a.m. and 4:00 p.m. Respectfully yours, oj-� x &Lba*,%- Alyxandra Sabatino Planner Encl. Environmental Assessment Form Subdivision Application Form Subdivision Map(s) r MAILING ADDRESS: PLANNING BOARD MEMBERS �L0f S y� P.O.Box 1179 DONALD J.WILCENSKI �� l0 Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS CAR _*r Town Hall Annex PIERCE RAFFERTY • �O_ 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR OyCQU ,� Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott A. Russell, Supervisor Members of the Town Board Elizabeth A. Neville, Town Clerk cc: Town Attorney From: Alyxandra Sabatino, Planner Q S Date: October 8, 2014 Re: Subdivision Application Review— Proposed Conservation Subdivision Open Development Area (ODA)for the Tuthill Oysterponds Holding Company • Request for Comments pursuant to Southold Town Code §280-131 • SEQR Lead Agency Request • Coordinated Review under SEQR 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 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. r Southold Referral &SEQR Coordination Page Two October 8, 2014 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: Proposed Conservation Subdivision Open Development Area for the Tuthill Oysterponds Holdng Company Address: North Dyer& North Brown are located on the n/s/o NYS Route 25, approximately 366' w/o Oysterponds Lane & approximately 2,223' e/o Platt Road, respectively. South Dyer& South Brown are located on the s/s/o NYS Route 25, approximately 460' w/o Oysterponds Lane & approximately 1,960' e/o Platt Road, respectively. All properties are located in Orient. Tax Map #s: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 & 18-6-17.3 Requested Action: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield pursuant to §240- 42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 6 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 6 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.2 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 1 acre of wetlands. SEQRA Classification: (X) Type I ( ) Type II ( ) Unlisted Contact Person: Alyxandra Sabatino, Planner (631) 765-1938 OF SOU MAILING ADDRESS: PLANNING BOARD MEMBERS DONALD J.WILCENSKI h0�� ly0lo P.O. Box 1179 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex PIERCE RAFFERTY • �OQ 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR y100U1Y 1►,`� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James King, President Southold Town Board of Trustees From: Alyxandra Sabatino, Planner Q� Date: October 8, 2014 Re: Request for Review on Proposed Conservation Subdivision Open Development Area (ODA) for the Tuthill Oysterponds Holding Company Located: North Dyer & North Brown are located on the n/s/o NYS Route 25, approximately 366' w/o Oysterponds Lane & approximately 2,223' e/o Platt Road, respectively. South Dyer & South Brown are located on the s/s/o NYS Route 25, approximately 460' w/o Oysterponds Lane & approximately 1,960' e/o Platt Road, respectively. All properties are located in Orient. SCTM#s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 & 18-6-17.3 The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. The file is available at your convenience. This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s 1000- 17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 6 acres of unbuildable lands. Tuthill Oysterponds Holding Co. Page Two October 8, 2014 SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 6 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.2 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 1 acre of wetlands. Thank you for your cooperation. MAILING ADDRESS: PLANNING BOARD MEMBERS �*OF SO(/j�O P.O.Box 1179 DONALD J.WILCENSKI l� Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex PIERCE RAFFERTY • �OQ 54375 State Route 25 JAMES H.RICH III Oly (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR COU ,� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 8, 2014 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 Re: Project Review Request for 80/60 Conservation Subdivision Open Development Area Tuthill To Whom it May Concern, The Town of Southold is reviewing a Conservation Subdivision application in Orient, Long Island, New York and is seeking information on potential cultural resources that could be impacted on or near each parcel for SEAR purposes. The proposal is for an 80/60 Conservation Subdivision Open Development Area of four parcels SCTM#s1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area= 112 acres) into 17 residential lots,with 94 acres to be preserved. The Town of Southold Planning Board is expected to be the lead agency for the action. Project location maps and descriptions follow. Please contact me with any questions. Sincerely, ;ark Terry cipal PI nner Enc. Cc. Alyxandra Sabatino, Planner • • New York State Office of Parks, Recreation and Historic Preservation b Historic Preservation Field Services Bureau Peebles Island Resource Center,PO Box 189,Waterford,NY 12188-0189(Mail) Delaware Avenue,Cohoes 12047 (Delivery) (618)237-8643 COVERPROJECT REVIEW . Rev. 5-05 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 F] Review(PR)number assigned by this office you do not need to PROJECT NUMBER PR continue unless any of the required information below has changed. COUNTY If you have checked this box you will need to 2.This is a new project. complete ALL of the following information. Project Name Cmmk� e hoo So asl►S104 d� , ���lt k` %d 1 W:�5 Location You MUST include street number,street name and/or County,State or Interstate route number if applicable City/Town/Village W o List the correct municipality in which your proje being undertaken. If in a hamlet you must al provide the name of the town. County �J1� If your undertaking*covers multiple communities/counties please attach a list defining all municipalities/counties included. 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? ❑ No Yes If Yes,list agency name(s)and permits)/approval(s) Agency involved Type of permitiapproval State Federal ❑ ❑ B.Have you consulted the NYSHPO web site at**http://nysparks.state.nY.us to determine the preliminary presence or absence of previously identified cultural Yes ❑ No resources within or adjacent to the project area? If yes: Was the project site wholly or partially included within an identified 03<es ❑ No archeologically sensitive area? Does the project site involve or is it substantially contiguous to a property listed or recommended Yes El No for listing in the NY State or National Registers of Historic Places? CONTACT PERSON FOR PROJECT Name MckyVN �e✓W-1 Title Firm/Agency ►©,-m rn ci S C� J�.Inn'c� ��y\y\ n� Dry „k-r�.✓► Address !�LI*"S City STATE _Zip llq"11 Phone t11 ) 'ltoS.- 1 '14) Fax (Q( ;1 ) -7(DS E-Mail **http://nvsparks.state.ny.us then select HISTORIC PRESERVATION then select On Line Resources • 0 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 projects 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 Parks, Recreation 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 (SEQRA) of 1978. regulations on line at: http://nysparks.state.ny.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 "historic" 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. PROJECTSALL • - REVIEW SHOULD FOLLOWING MAT - 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. ErMaps 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 all portions of the project. Appropriate maps include tax maps, Sanborn Insurance maps, and/or USGS quadrangle maps. EfPhotographs Photographs may be black and white prints, color prints, or color laser/photo copies; standard (black and white) photocopies are NOT acceptable. -If the project involves rehabilitation, include photographs of the building(s) involved. Label each exterior view to a site map and label all interior views. -If the project involves new construction, include photographs of the surrounding area looking out from the project site. Include photographs of any buildings (more than 50 years old) that 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. Project Locations: 5. ppN y . 1 1)/ re f v Figure 1—Project Locations ( Arrows), Orient,Suffolk County, New York. 0 • SCTM#1000-17-4-16(North Dyer)equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 -0.9 acres.This property includes a 0.7 acre private right-of-way and 15.6 acres of preserved open space inclusive of 6 acres of unbuildable lands. Figure 1. North Dyer North Dyer is located north of NYS Route 25. Current land use is residential. The parcel is mostly wooded and includes a brackish water body called Munn Lake. Long Island Sound is located north of the parcel. • • SCTM#1000-17-6-14.2 (South Dyer)equals 35.3 acres proposed to be subdivided into 6 lots where the lots range in size from 0.5-0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. 16 "`�►.. Date: Figure 2. South Dyer South Dyer is located south of NYS Route 25 in Orient,Suffolk County. Current land use is agriculture. Marine wetlands(Orient Harbor)occur to the south of the parcel. This wetland area is protected and will not be disturbed if the action is implemented. • SCTM#1000-18-3-30.3 (North Brown)equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7-0.8 acres.This property includes a 1.2 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. 0/0 Goo( artl Figure 3. North Brown North Brown is located north of NYS Route 25 in Orient, Suffolk County, New York. Current land use is undeveloped (wooded) in the north of the parcel and agriculture in the south of the parcel. Long Island Sound is located to the north of the parcel. 0 • SCTM#1000-18-6-17.3 (South Brown)equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres.This property includes 25.5 acres of open space inclusive of 1 acre of wetlands. Figure 4. South Brown South Brown is located south of NYS Route 25. Current land use is agriculture. Freshwater wetlands occur in the center of the parcel. This wetland area is protected and will not be disturbed if the action is implemented. Hallock Bay is located to the south of the parcel. MAILING ADDRESS: PLANNING BOARD MEMBERS 0� SUUT�o Southold,. Box 1179 1971 DONALD J.WILCENSffi �Q l� Chair OFFICE LOCATION: WILLIAM J.CREMERS va Town Hall Annex PIERCE RAFFERTY G �Q 54375 State Route 25 JAMES MARTIN H. RICH III IDOR �lij'CO (cor.Main Rd. &Youngs Ave.) (f , Southold, NY Telephone: 631 765-1938 www.southoldtowimy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Mark Terry, LWRP Coordinator From: Alyxandra Sabatino, Planner Date: October 8, 2014 Re: Request for Review on Proposed Conservation Subdivision Open Development Area (ODA) for the Tuthill Oysterponds Holdng Company Located: North Dyer & North Brown are located on the n/s/o NYS Route 25, approximately 366' w/o Oysterponds Lane & approximately 2,223' e/o Platt Road, respectively. South Dyer& South Brown are located on the s/s/o NYS Route 25, approximately 460' w/o Oysterponds Lane & approximately 1,960' e/o Platt Road, respectively. All properties are located in Orient. SCTM#s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 & 17.3 The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. The file is available at your convenience. This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s 1000- 17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 6 acres of unbuildable lands. 0 • Tuthill Oysterponds Holding Co. Page Two October 8. 2014 SCTM#1000-17-4-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 6 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.2 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 1 acre of wetlands. Thank you for your cooperation. Please respond by November 3, 2014. • • MAILING ADDRESS: PLANNING BOARD MEMBERS ��0� SOUjjyO So P.hold, NY 1179 11971 DONALD J.WILCENSKI ,`O l� Chair OFFICE LOCATION: WILLIAM J.CREMERS c/s Town Hall Annex PIERCE RAFFERTY �� 54375 State Route 25 JAMES H.RICH III Oly (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR 4DUm,� Southold, NY Telephone: 631 765-1938 www.s outholdtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Suffolk County Planning Commission From: Alyxandra Sabatino, Planner Date: October 8, 2014 Re: Subdivision Application Review: Proposed Conservation Subdivision Open Development Area (ODA) for the Tuthill Oysterponds Holding Company • 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 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 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. • • Southold Referral & SEQR Coordination October 8, 2014 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: Proposed Conservation Subdivision Open Development Area for the Tuthill Oysterponds Holding Company Address: North Dyer & North Brown are located on the n/s/o NYS Route 25, approximately 366' w/o Oysterponds Lane & approximately 2,223' e/o Platt Road, respectively. South Dyer & South Brown are located on the s/s/o NYS Route 25, approximately 460' w/o Oysterponds Lane & approximately 1,960' e/o Platt Road, respectively. All properties are located in Orient. Tax Map #s: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 & 18-6-17.3 Requested Action: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s 1000- 17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 6 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 6 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.2 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. 2 Southold Referral & SEQR Coordination October 8, 2014 SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 1 acre of wetlands. SEQRA Classification: (X) Type I ( ) Type II ( ) Unlisted Contact Person: Alyxandra Sabatino, Planner (631) 765-1938 Enclosures: Environmental Assessment Form Subdivision Application Form Subdivision Map(s) 3 • 0 MAILING ADDRESS: PLANNING BOARD MEMBERS *QF SO(/Ty P.O. Box 1179 DONALD J.WILCENSKI h0� Old Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N _Nc- Town Hall Annex PIERCE RAFFERTY Q 54375 State Route 25 JAMES H_RICH III �� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR yCOU01 Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Suffolk County Department of Health Services From: Alyxandra Sabatino, Planner �( Date: October 8, 2014 Re: Subdivision Application Review— Proposed Conservation Subdivision Open Development Area (ODA) for the Tuthill Oysterponds Holding Company • Request for Comments pursuant to Southold Town Code §280-131. • SEQR Lead Agency Request • 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. • • Southold Referral & SEQR Coordination October 8, 2014 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: Proposed Conservation Subdivision Open Development Area for the Tuthill Oysterponds Holding Company Address: North Dyer & North Brown are located on the n/s/o NYS Route 25, approximately 366' w/o Oysterponds Lane & approximately 2,223' e/o Platt Road, respectively. South Dyer & South Brown are located on the s/s/o NYS Route 25, approximately 460' w/o Oysterponds Lane & approximately 1,960' e%o Platt Road, respectively. All properties are located in Orient. Tax Map #s: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 & 18-6-17.3 Requested Action: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s 1000- 17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 6 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 6 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.2 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. 2 0 • Southold Referral & SEQR Coordination October 8, 2014 SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 1 acre of wetlands. SEQRA Classification: (X) Type I ( ) Type II ( ) Unlisted Contact Person: Alyxandra Sabatino, Planner (631) 765-1938 Enclosures: Environmental Assessment Form Subdivision Application Form Subdivision Map(s) 3 • • MAILING ADDRESS: PLANNING BOARD MEMBERS �QF so�ly P.O. Box 1179 DONALD J.WILCENSKI �0� Old Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III (cor. MYoungs Ave.) MARTIN H.SIDOR �lij'COU'M'� � Souuth d, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: New York State Department of Environmental Conservation From: Alyxandra Sabatino, Planner Date: October 8, 2014 Re: Subdivision Application Review— Proposed Conservation Subdivision Open Development Area (ODA) for the Tuthill Oysterponds Holdng Company • Request for Comments pursuant to Southold Town Code §280-131 SEQR Lead Agency Request • Coordinated Review under SEQR 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 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. • • Southold Referral & SEQR Coordination October 8, 2014 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: Proposed Conservation Subdivision Open Development Area for the Tuthill Oysterponds Holding Company Address: North Dyer & North Brown are located on the n/s/o NYS Route 25, approximately 366' w/o Oysterponds Lane & approximately 2,223' e%o Platt Road, respectively. South Dyer & South Brown are located on the s/s/o NYS Route 25, approximately 460' w/o Oysterponds Lane & approximately 1,960' e/o Platt Road, respectively. All properties are located in Orient. Tax Map #s: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 & 18-6-17.3 Requested Action: This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s 1000- 17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 6 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 6 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.2 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. 2 • • Southold Referral & SEQR Coordination October 8, 2014 SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 1 acre of wetlands. SEQRA Classification: (X) Type I ( ) Type II ( ) Unlisted Contact Person: Alyxandra Sabatino, Planner (631) 765-1938 Enclosures: Environmental Assessment Form Subdivision Application Form Subdivision Map(s) 3 MAILING ADDRESS: PLANNING BOARD MEMBERS ��oF so�ryo P.O. Box 1179 DONALD J.WILCENSKI Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS G Q Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR yCOU1Y 1�,� Southold, NY Telephone: 631 765-1938 www.southoldtow-imy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 8, 2014 Ms. Felice Semon Orient Fire District 23300 Main Road Orient, NY 11957 Re: Request for Review on Proposed Conservation Subdivision Open Development Area (ODA) for the Tuthill Oysterponds Holding Company SCTM# 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 & 18-6-17.3 Dear Ms. Semon: 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 proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s 1000- 17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 6 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 6 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.2 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. 0 • Tuthill Oysterponds Holding Co. Page Two October 9, 2014 SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 1 acre of wetlands Please contact me at (631)765-1938 if you have any questions. Thank you for your cooperation. Sincerely, sabdlk;�'O Alyxand a Sabatino Planner Encls.: Subdivision Application Subdivision Plat MAILING ADDRESS: PLANNING BOARD MEMBERS �*OF So(/T�o P.O. Box 1179 DONALD J.WILCENSKI �� l� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS G Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III �lyC `` (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 7, 2014 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: Set Public Hearing — Proposed Conservation Subdivision Open Development Area for the Tuthill Oysterponds Holdng Company North Dyer & North Brown are located on the n/s/o NYS Route 25, approximately 366' w/o Oysterponds Lane & approximately 2,223' e/o Platt Road, respectively. South Dyer & South Brown are located on the s/s/o NYS Route 25, approximately 460' w/o Oysterponds Lane & approximately 1,960' e/o Platt Road, respectively. All properties are located in Orient. SCTM#1000-17-4-16, 17-6-14.2, 18-3-30.3 and 18-6-17.3 Zoning Districts: R-80 & R-200 Dear Mr. Tuthill: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, October 6, 2014: WHEREAS,this proposal is for an 80/60 Conservation Subdivision Open Development Area of four parcels SCTM#s1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000- 18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acre private right-of-way and 15.6 acres of preserved open space inclusive of 6,acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 6 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. Tuthill O stet onds HoldingCo. Page 2 of 2 • October 7, 2014 SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.2 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 1 acre of wetlands; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, November 3, 2014 at 4:34 p.m. for a Public Hearing upon the maps entitled "Sketch Plan North Dyer", "Sketch Plan South Dyer Lots", "Sketch Plan North Brown Lots", and "Sketch Plan South Brown" prepared by Nathan Taft Corwin 111, Land Surveyor, dated April 1, 2011 and last revised October 22, 2013. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed preen return receipt cards before 12:00 noon on Friday, October 31st. The sign and the post need to be returned to the Planning Board Office after the public hearing is closed. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J. Wilcenski Chairman Encls. Southold Town Planning Boa4r Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a Conservation Subdivision Open Development Area; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#s 1000-17-4-16, 17-6-14.2, 18-3-30.3 and 18-6-17.3; 3. That the properties which are the subject of this application are located in the R-80 and R-200 Zoning Districts; 4. That the application is for an 80/60 Conservation Subdivision of four parcels: SCTM#s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acre private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 6 acres of unbuildable lands. North Dyer is located on the n/s/o NYS Route 25, approximately 366 feet west of Oysterponds Lane, in Orient. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 6 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. South Dyer is located on the s/s/o NYS Route 25, approximately 460 feet west of Oysterponds Lane, in Orient. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.2 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. North Brown is located on the n/s/o of NYS Route 25, approximately 2,223 east of Platt Road, in Orient. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 1 acre of wetlands. South Brown is located on the s/s/o NYS Route 25, approximately 1,960 feet east of Platt Road, in Orient; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rt. 25, Southold (2"d FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Notice to Adjacent Pro�Serty Owners Pam TuRill Oysterponds Holding Co. Information can also be obtained via the internet: 1. Go to the Town of Southold website www.southoldtownny.gov; 2. Click on Laser Fiche Weblink located on bottom left of home page; 3. Click on "Planning Dept." folder; 4. Click on "Applications", then "Conservation Subdivisions", then "Pending"; 5. Click on the SCTM# (tax map #) of the application (found in #2 above). Or by sending an e-mail message to: Carol.Kalin@town.southold.ny.us; 6. That a public hearing will be held on the matter by the Planning Board on Monday, November 3, 2014 at 4:34 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Tuthill Oysterponds Holding Co., LLC Date: 10/8/14 • 0 Tuthill Oysterponds Holding Company Adjacent Property Owners SCTM#1000-17-4-16 (North Dyer) SCTM#1000-17-6-14.2 (South Dyer) SCTM#1000-18-3-30.3 (North Brown) SCTM#1000-18-6-17.3 (South Brown) North & South Dyer: 1000-17-2-11 1000-17-2-15.4 1000-17-2-17 1000-17-4-3 1000-17-4-4 1000-17-4-5 1000-17-4-6 1000-17-4-8 1000-17-4-9 1000-17-4-10 1000-17-4-14 1000-17-4-15 1000-17-4-17 1000-17-4-18 1000-17-4-19 1000-17-4-20 1000-17-4-21 1000-17-4-23 1000-17-6-5 1000-17-6-7 1000-17-6-8 1000-17-6-9.1 1000-17-6-14.3 1000-24-1-3 1000-24-1-4 1000-24-1-5 1000-24-1-6 1000-24-1-7 1000-24-1-9 1000-24-1-10 1000-24-1-11 North & South Brown: 1000-18-3-9.2 1000-18-3-9.10 1000-18-3-9.11 1000-18-3-16 1000-18-3-17 1000-18-3-30.4 1000-18-4-1.3 1000-18-4-2.1 1000-18-6-14.8 1000-18-6-14.9 1000-18-6-14.7 1000-18-6-15 1000-18-6-17.5 1000-18-6-17.2 1000-18-6-18.2 1000-18-6-18.1 1000-18-6-19.3 1000-18-6-20 1000-27-2-6 1000-27-2-7 1000-13-3-1 1000-13-3-3 1000-13-3-4 1000-13-3-5.1 1000-13-1-1 1000-13-1-12.1 Revision ' 12 1-97 0401-99 I 08-100 07.10-01 M wN 766,782 10- 0 N 366,782 01-25-02 12-12-03 08-1604 0-1002 .0 N r , ( J' 9 m 1-9 r to O �Q 65 i / y5 4 30 7.9 g 7.10 A() r F c r6 2.4A(c) 1.3A(c) Q � Im 2 p d nn 7.2A(c) 821 7.13 0� 8.20 1.6A 3.OA(c) w 1.7A j 8.19 y 1.1A l 4 \ 1.7A N' 8.22 82 �.no y4 7A .� Q� aza a,I wI •� 22.tA(c) 1 o 7 IIJA 1.0A(c) �' \v-na 4 on M, 824 R1 dl d �i QQ•6 O s.2 1.3A(C) 0 d 8.13 ,Lv cm C�j$ 8.26 4 ! r• on �� %.• N 4 ` 1.1A(C) 12.1 8.12 $ m O yy on 8.32 a+ 9.2 �o i "P 8.11 DO W ~ m m, ;�µ% •® AD 1.4A(c) 12NC) 11.3 A? 928 `�^ 8.30 Zy b 1.BAtc) ;c 10.1 ►. 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(21) rr.o«eu. - -- .� �. --R-- AREwNWTEfdOWIGp6TBCT5 NOTICE �axu`,�,-,mn` COUNTY OF E ,w E O soaa 2 RT"Ea - """'0 MAINTENANCE.ALTERATION.SALE OR Real Property Tax Service Agency Y Suesaen talm -- a -- -- rAE 25 MYOR.NT •`S014 VILLAGE OFDwrOm„abn wMDM«I liw --W-- NaxvlPaidlm DIBTRIBUTION OF ANY PORTION OF THE E __ ucNT 4D wTeR - Counry pMer RlverMaA,N Y 11l01 Ot3 13 N Mu,M lases MalYo Oaralr--A-- RaW 65 x[Fl6t SIFFOLK COUNTY TN(MAP IS PROHIBITED . EGILE W FEETM a. mot_ orals. wrwwwlzralw-- -- .wwUw¢ T HEN .. Iao aC A01B O10 DISTRICT NO 1000 2m R P PROPERTY MAP IuI�IIIIIIN1111NNUfl� II N 111 nl III III J � �I�KI�I121111 II (IIII N III I II I - III N II III IINI II111111N1 II II IIN INN�NNII�NIININ NINI!NPI1111 N�III I IIN INIII _ p_ WTNOUf WTITTEN PERMISSION OF THE . .-. •-. REAL PROPEQT!LU[ffiERNCE AOENCY �� N1NNNNII III 1111II11 IIIIIN s OB-18-97 6 � 12-11-97 ` % \\ SEE SEC NO.013 SEE SEC.NO.013 01.1498 N363.682 p1 --- 4 \` MATCH .LINE a �+�'� MATCH - LIN N3S3 sae 04-20-98 09-10-98 \v0 a / � 7.7 SUFFOLK COUNIN 11-04-98 �`" / q� 9 WATERAUTHORI • 04.01-99 Cj� 5 �p1 18.8A 9 03-10-00 // �4 1' (TOWN OF SOUTHOLD AND THE UNITED STATES OFAMERICA 03-O5-01 1 \\\ DEVELOPMENT RIGHTS) % ,y+s ;p�C\ 05-02-01 g.g \\� 6.18 z 11-07-Ot A�Q /5 1.3A \\\ 2 8A ' 30.4 03-22-02 CJ.v" ,y° 12.7A(c) \ 7.6 05-10-02 06-05-02 6 6.7 W13-04 2.2A (. 1.3 71-05 Q-� \ a c� 6.19 $ 16.BA(C) 26-0$ `\v / •� \ FQ 1.4A (PECONIC LAND TRUST) •`8 7.5 \ y 1_ 0 ,� (CONSERVATON EASEMENT) : \ 7-30-05 Q 0 \"'''�\QS L'' °� / 7.8 m Zy FOR'LL NO. I 03-30-OB /�wp' \ $ 7s o $� SEE SEC.NO. iY.) 04-10-06 % r-• '4i\ 8.20 ''a 9�2 '7 019-01-001.4 10-26-O8 .fib, 6.12 3� IAA r 3.OA �.1 O&05-07 E .! p,0 € o " �_ _ tOA(c) zm3A f ,� 01.31-O8 f'� �Q' 27 . - r 21.7 03-06-08 'tea¢ Zy '' 6.13 \ 2 4' 30.3 3.1 2 1. , 72.09.09 /.y 0• v 3 5 1.6A 6.17 28.7A(c) '.i 'O L -2510 /" 12.6A1c) 1.6A(C) .y°, a 4r 'I, ti I x ae-zalz p� z *a 2.1 �O I F t1.8A(e) a'� a 3+ 2.3A(c) a 1 20 1.7A y 2 84 rn 848 a9.9 17 1.TA(C) i 21.9 19 11.3A 9.10 '4+ 1.5A(e) t /.. 4 $ 2.3A(C) (CO5L0PUE S RIVH K 4y Ss OEVELOPMEM RIGHTS) 2'OA 20 '1b °'O 18 m 2110 'r 4 .� 37.4 4 28 a+ 2.3A(c) B h9 1.2A(c) 17.5 STATE OF l�J �O 37:1 a 2AA(c)� B ' 0 �NEWYO 28 I ZC 373� 1.tA +�S 21 `p9 4OA 26 $ 2 3q(c) 4 � 23 27.7A.7A(C) 4p s! 23q(c) 15 6 b 9 29 � s� �, '� ..) 1.4A(c) G 1.5A O 2.4A 10 kr ;P ♦ STATE of 2.3A(C) Gy NEWYORK 19.4 Q' ,� °•L j 25 ,15¢ \�\,4 an '4 ip 2.4A(c) 14.6 a, nb• •'4r ,.. ' p^ 14 2.OA(c) G 2�(c) s• 7 17A(c) 4! P r 11 b 12 17.3 1. 8 1620 75 34 a3 t3 3.3A 11$ 'r �p $ 22.2A(c) a d t 122 10 12.1 t. lti 17.2 IS. 2 1 3 11.1 nO ,r, . 7, 14.$ �_ 18.1(c) 3.3A(C) 6' 36 y id 4.OA(c) STATE OF N n Kr $ O 6 B "� N STATE OF NEW YORK NEWYOR 35 \ .y 41' © 14 8 C 4 51 8 .s TSA(c) 3.OA149 _ _ 16.5 q5 \\Ly 5.3 62.3A(c) .. g 5 = ^ 1 OA(c) 24 3.1A n ' y, 3. � \♦ (TOAW OF SOUTNOLD .\. 5.2 \\\w (CO(/NTl' DEVELOPMENTMGHTS) 4 6.3 m _ 23.1 S STATE OF ''•'S�' O g 4 4g�\ SUffOLK �'_ P 4.2A \\OEVELOPMEN p +m 17 12.9A(C) Y NEWYORK B9. ' .� \\RAGHTS) 1 su n.7s 27 OYSTERPONDS ' 28 ry`d A 4.2 S �(COWUNTYOA R s 1g UNION FREE y ~ 18.3 `9T/, '�' RicLNT '^. s �..y/ \�• r L _ SCHOOL DIST. •b 26 2SA ;b \♦ + \�J �. -\ �- 9 8 25 41 ;s ' 7 12;, A , p, 21. 11.7A(c) \\ 0 A 20.1 22.1 ,18.2 18.4 13$ ORIENT b O_ CONGIR OVAL 14. S, q CHURCH 4 18.6 //•18 s=15 1 21 VA 18.5 � 1 + E 14 3.6A 26.20 q, °4 C) V O 2.4A v 13.8 `> a 1;4.1 S ,y < 9.1 T.. 12 4.4A(c) 23 27 ORIENT FIRE DISTRICT e $ + 9.2 pO w i I,I 2.1A � � 18.1 +y9 °+` 2.2A(c) 8 8.1A(c) P/ ^ 26.11; m �� SEE SEC No u N359aa2 } aA 40 // \___ --- 02001 \ N3598a2 ff! J O MATCH LIN MATCH - L1NE i`� � MATCH LINE may, SEES NO.027 SEE SEC NO 027 /�/ , �,1/ SEE SEC NO.027 i 1 1 Revisions 05-10-99 SEE SEC.NO 018 01-29-04 s A M 12-04 '_° MATCH LINE MATCH - LINE .L6' �1l _-__-__ _ N n+ MATCH LINE 04-06-05 oti FOR PCIL NO 05-23-06 SEE SEC NO, FOR PCL NO .(4 IiI FOR PCL.NO. °1 N359.782 12-08-09 N 359.782 w 018-05-013 7 SEE SEC.NO SEE SEC.NO, 06-22 11 Ali01B-OS-023 !� 05-22.12 'p 2.2A ��, {\ o1P�� ,90 13 018-06-014.9 T.A ORIENT CENTRAL �2 \ NP M. 7 14A(C)Sx\ 'V 71 O CEMETERY 25AOF OP TOWN SOUTHOLD \ i 1 9.6A(c) 9 1A\` 5 � � a� 'tr {JM •STATE OF Iz/ 43A(c) S �' f•-�!� \yo NEWYORK 2.3 /COrySERVA no,E1SExEN7/ 8 6 2.8A(c) 2.8 3 S.OA >„� .\ 4 1 SA 13.3A S •2t \��\` - 2.tA(c) NETTAw rORK �a 1.6A .C N d k 3.3 d ORCI{q �O ON ~ 1.7A(c) , STATFE 4 OFNYQ$ 2.10 O a7 O S.OA In 3.4 'S x j+ 2.4 1.7A(c) 1 11.tA w 24 S7, '7j � °" � CO 1 2.7 _3 Q A 22 3.1 S.OA O Q.•,(� 1.2A(c 1.3A 32 Q 23 ; 1.3A 3,3.3A 3.4 2.5 = a J 1.6A b 10.6.A ro 3.5 1" I V1 w S 1.7A �° + (• w 3.6 3.13 J 3 14 1 IN 1.9A 4.1 S�. `\3a A Pic\ r ♦ & SajP��yO 1. •\� \ \ /I 7.2 �• NSTAT EW PEOF ORK \ 14 N w TVAN OF 6 (I W q \ '.g \ CCCJJJ O• w ATE OF N.Y. w /'? 1 \\ O Q� ./ �. - VLP / \ �63 a1i� /'. 1.3A .. 1,1p:., °e .. \., �� •�~.O � �o. .�• �S�O.A� '� ./ 7�- r'• i ` STATE OF -,� �� 1 / g e4• �II Q ;' J ♦1 a' NEW YORK10 ,•, � ,. 0 VP Un It Of 2V $ ® •f \\ 10.4 tf \--. �SPS��'� TOWN OF SOUTHOLD 8 \ 7.7A(c) 9� \ .�,. 52 .° OYSTERA APONDS x \\ FOR PCL NO. Q 2.0.4(c) 'F 4 HISTORICAL SOCIETY0,-0a7 9.6 \ SEE SEC. •�\ \\ 9.2A(c) '\ RBpR 2.7A \ 032 \\ Q C i M1 3.1• ---7Z--- `--1 -�-Q- STATE OF NEWYORK II, fyy 4 � 7 19.5 MATCH LINE N 355902 / ,v,'D•sO 5� 6 a\1,2A(c) STATE OF SEE SEC.NO.032 SEE SEC.NO.032 ; N355982 S4"ITEC'NEWYORK a Bqy � ENT HgRBOR -�.. Nw �P.'� Bw SECTION NO L' A.renrrmNt.. Been.--. °e I-- -�--�- sa.wow°ILe. --BQI--II HrAwwww. --"-- 1+ICE°%°R"r'"°t"E"""ati:."'L""arE"i&B NOTICE -00�1t,,� COUNTY OFSUFFOLK © E' TOwNDF SOUTHOLD EI o-.el..e.oeww ama....eenmww 1 ew w. O li w.aweL:s --�--' Aw,,..u,ww --R-- NtE wn+m THE Fouoww asmem _,+L -�'- (� ) sci+ocL 2 sEwm WAA MAINTENANCE.ALTERATION.BALE OR �- Real Property Tax Service Agency Y 015 +32' G tumNbe W U" ------- OwC CFeMn P Y/Y�OwW 4+ --yy-- w�wW DYMILw --"ST-- ME 25 M9RIMDISTRIBUTION ANYPORTIONh NLIAOE OF / ,G,I' r...r". b•�� o�.w� +z+A(etr+z tw iww l.n� ...-... ..w n..ww --a- r..I,,,��p..4 EH,--..w-- Law 40 E5 tsw wTNour wuTTENs¢wN OF TSIiEO CouRly Gfl BCALE+NT¢ETA Y11901 P �° �7 .. oIBTRIcr NO 1000 PROPERTY MAP HE .. en aE.E �A Y T z aE« .R ENeY Revisions 12-24-97 • 06A3-99 m 04-11-00 �. 09-11-00 li 12-08-00 N W2 582 N 362,582 03-19 01 05-17-01 10-17-02 M o N (�( n ISLAND � 1 � `' /�'•' �L.D 40 o. .o �,• 60 ss : 61 J (7 7 y 3.OA e 1.5 r7 9 ..- 1tJIA" / 19 'f 19 i 6.2 '� 6 w 1.3A(c) r //bTJ/, ../♦ �� a •o' {/Y^/� /�M1ry y�z'a(c) _ 2.OA 0 ) 5 1.9 115.1 c)' pA �i 22 �I t y �MEiE1l O 1.4A )-- 1 3.4A 15.4 .2' 17 14 3.2A is 1 ` 114 z1.1A "' 2.OA(c) tvI , 21 12.1 O 2 A(c) �, �/% °•4 ^� x _ ems+��- — 13.1 14 g 4 s 2.4A(c) m . N4 �.NY `�° 11• 0 11.6 I T0° 9 tl w 1.1A w G 2 1.1A(c) 2 _ 7 us • �O S roI 8.1 i 0 t: we 7/CP 9 3 /O 120.)^ ,t C E + "1: 4 5 6 9 6 1 1A Z 23 10 3 4 910 ) 15 SA(.) 9.2 7 9 w w w w ) s` m 17P +° S.R.25 5 w x A.3's .0P �-} _ 1.9 c Plc 2 ?q �' c $y , * �� tt All � m t.oglc t /�� �. Mp•1t1oN% —';:'c —.4 E —34P 4.BP/1•_ .. 14 3 /ddy B - 10 z$ N _ / / O 11 $ / lL RWATE4 y.� V1 I N 358.782 c N 398,782 L r.o.v Miw —N-- /''� NOTICE 4> COUNTY OF SUFFOLK SECTION NO Elo.wom�om —�— swrt.ensousao.N. (21) amw. O r.v..uw --o--,I waaaw --n-- wewmmnEratamcarnaers L © E t30 TOM SOUTHOLD Emlee..a,aw —————— owso:,.,.:. c vu.,owlnLir --w— NmriNOiMCw--Hsr-- sw� 2528 INon.NT � swMENANCE.ALTERAT10N,tAlEOR P,{{4.,,, Real Property Tax Service Agency Y D1 9rwn,anen - feMommm� m Oawgw UrJff 40 M.'R!R DISTR18UT10NOFAMPORTgNOFTHE . G County CartergNerh"d,NY11901 017 NILAGEOF 17 •+`^ —•-- •..I.....,Owrw--vwv— ....u..,m-M K it ~ scuEm FEEr.. A o23 N srRDNRUTED .. Paz. ION OF THE AO O AD WO A, w�a.rm Qevn�w-- _ AK WS DISTRICT NO JMO .nn .. .. 11.20-02 1 03.17-03 �» e N 3597B2 w N 359,]82 • 2 $ Ip 8 la 3 8 4 8 d? I 5 8 6 d 7 s x co Q 10 O Q 1.2A(c) a 9 C A. � STATE R, 6 O f ST p 1 2 (SKIPpERs tat b a 3 (50) 11 y g , 1.3Mc) ap ,e 4 8 5 Q FN Y 13.1 4. h p 1>r, �.\ 7A( • y 6 t OYSTER PONDS as HSTORICALSOGE7Y � � S O 9 14 p i o 10 pR� zS 15 Fxyj, �� 11 Ly T7 ny �2 �O O ♦ 16 SEE SEC.NO.132 12 0 8 17 060 20 F �7 O`\ 21 p s a y s 22 a, 8 �R�O,Q 1. ♦\26.4 a�\ I I 1� \ 24 S L E 26.5\ J a I 27 y I) s 28.1 , �� NJ57SB2 N 357 882 E -f 1� L agerryw Rwam, swdnwnLa Nd oa waHn --�--_ sewer o�.,a Lwe --sol-- .vd�.a�oand and --n-- I+NLEasaww oTHEBLMSE.AUPnOPERrd:s SECTION NO E o.na.,eWwonownw s�ml,"onamslp.w. (21) O F..o-,L;na.n --F-- .,dPMtiL.H --R-- ""EVATMxTNeFa3waNaasmx:rs. NOTICE ,, ' nx�. COUNTY OFSUFFOLK © K TOM sounlo�o Z emw z SCNOR 2 s�VIER— A'AD MNNTENANCE,ALTERATION.SALEOR , �-a Rea(Property Tax Service Agency Y ol] G SyComWnLa4y ------- —do-- w WlingaMaro --w— eIDmGLwe —HST— RE 25 HYdPxT DISTRIBUTION OFMyPORTIONOFTHE yy VILLAGE OF 24 E M_ __ LIGHT w Pw R .L7 County Center Riverhe4d,NY11901 Exr G2A 02S 2 N a1mml5lve 9vYd Pm,naan da �°'N aw l.p,d O�9rsl Lan —L—— ww PWn,Lme— a �fta SUFFWKCWNTV TAX IS PROHIBITED nZ. � M Me 65 RVVaC - • sn SCALE IN FEET. D Pwc,I No. 23 Osaa An. 12.1 A(d) 12AA "^"a^ ��— P— CYw NATHWT WRITTEN PEflMI5510N OF THE "�'•"' PwL P,IrsILM ,wnierQwal Lnr——WON—— AMMMNCE VAaT 1ER ii_p, .$ 100 0 tpp :Op A 1n 12.1 A(e) v'�"L"1° ----- ,..e.0'wnL.n —a-- . MOSOVITD REAL PROPERTY TAX SERVICE AGENCY L}� P DISTRICT NO 1000 oxs PROPERTY MAP o CONVERSION DATE FM 10,2011 • 0 AGRICULTURAL DATA STATEMENT TOWN OF SOUTHOLD When to use this form: This form must be completed by the applicant for any special use permit, site plan approval, use variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring this form must be referred to the Suffolk County Planning Commission in accordance with Sections 239-m and 239-n of the General Municipal Law. Applicant Name: Tuthill Oysterponds Holding Co., LLC Address: P.O. Box 86, Orient, NY 11957 Land Owner(if other than applicant): Land Owner Address: Description of Proposed Project: The application is for an 80/60 Conservation Subdivision of four parcels: SCTM#s 1000- 17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acre private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 6 acres of unbuildable lands. North Dyer is located on the n/s/o NYS Route 25, approximately 366 feet west of Oysterponds Lane, in Orient. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 6 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. South Dyer is located on the s/s/o NYS Route 25, approximately 460 feet west of Oysterponds Lane, in Orient. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.2 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. North Brown is located on the n/s/o of NYS Route 25, approximately 2,223 east of Platt Road, in Orient. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 1 acre of wetlands. South Brown is located on the s/s/o NYS Route 25, approximately 1,960 feet east of Platt Road, in Orient; Is this parcel actively farmed? Yes - SCTM#s1000-17-6-14.2, 18-3-30.3 & 18-6-17.3 • 0 Tuthill Oysterponds Holding Co. Page Two Agricultural Data Statement Names & addresses of any landowners within the agricultural district containing active farm operations located 500 feet of the boundary of the proposed project: SCTM#1000-18-3-9.9, 9.10 & 9.11: Ralph & Catherine Caslenova, P.O. Box 479, Orient, NY 11957 SCTM#1000-18-6-19.3: The Calverton Group, P.O. Box 177, Orient, NY 11957 Attach a tax map or other map showing the site of the property where the project is proposed relative to the location of farm operations identified above. Applicant/Agent Signature Date RCY4510n5 06-19-96 04-13-97 08.16-97 12 11 97 SEE SEC NO.013 SEE SEC.NO.013 01-14-98 N363,68201 ` MATCH LINE IW20-98 --.�l 1A2c1 N363 eez a 1 / -------- ------- SUFFOLK COUNTY 1•�-` • 09-04-99 O�`O / / 1 .7 i 4 9TERAUTHORI AND 03-10-00 s f`•\ , THE NLITED STATES H(TON OF OFDAMERJCA / y ,9w02m20-01 cl 03 05-01 %1!-¢ \\\\ �, DEVELOPMENT RIGHTS) N/ ,� 1y 5P)• 'I i N 05-02-01 O 8.a\\\♦\ 6.18 11-07-01 1 1.3A \\\ 2.8A a 30.4 "� 7.6 \\ 2.11A ar 03-22-02 \S ,� \\\ 12.7A(t) 1. 05-10-02 06-05-02 6.7 / / 0&13-04 _ 72A 4 �,lle. 86.19 26-05 /y/ Q' tb� F 1.4A "L (PECONC LAND TRUST) .; 7.5 \ G "r �Ok, (CONSERVATON EASELIENT) Zy FOR PCL NO. -14-05 �O j 6 4'aPD ,a 7.8 7.4 �• 03-30-08 Q' ,� \ \8 p $ ++ rJ• SEE SEC.NO. I�) \ 9.2 9 ap 23.1 019-01401.4 10.26-06 q, 6.12 i�\ 1.4A p 3.OA 4 22.1 •b 11-21-08 / 1 1.5A '�\ �4°l\LJ 24 n 9 1 $ aW 06-05-07 '� Dp 'd i 4T _ 1.OA(C) O } .k 21.7 $ 0306408 �,� 'tr 1 'q 5 1.63 J 6.11 ♦ d 2 ; 2.7A(c) ♦ 3.1 2.3A(c) '- s 12-09-09 �Q. 3 12.6A(q _ 1.6A(c) ♦a i .4' $ ♦ +a 'ti �A I x 25-10 F), 2 ♦ i 2.1 �Q• 'U 21.8 / 5 3 -4\ 18 1.7A \ 11.BA(c) i 3 2.3A(c) 20 17' 1-TA(C) $ 2 S 4♦ a 9.9 _ rc �p 21.9 ^-�'- --� 19 11.3A A 9.10 $ 1.5A(c) 1 / 4 $ 2.3A(C) OF SUFFOLK 2.OAOPIWEAITRIGH \ 20 16 6 2110 4 4 -A.4 2.3A(cJ 28 9 1.2A(C) 17.5 1.SA(C) i e ♦ 4 g ♦ _ 76. STATE OF 1c BO 37.1 2-IA(C) � 28 1.1A26 19.3�. NEWYo •¢,G i p � l •1r , „uA 37.3E s 21 �9 $ [P 4.OA ` � 27.7A(ra d ♦ 23A(c) 6 8 29 22 38.1 1.4A(C) 1.5A O 2.4A 'L' Z3AC $ 1 i 5 STATE 19.4 .a G •• 25 s 'Ab � 14 20Mt) ar 4* • 1 4• 1.7A(C) 20A(e) g 7� ♦ 11 � 12 ♦ w 17.3 iO 2.3A(c) ♦ /.7A(t) 26.7A(c) 1620 34 15 d 19 11 8 ,eR 3.. b 22.2A(c) R 3 12.2 2 9$ \q ? Gy\ 10 0 * � Q.rP •� srO �' � M 1 12. i O i 18.2 \ q � - '9 p i 1IA 11.1 0 STATE OF 3 • 36 $ � 4.pA(c) STATE OF NEW YORK r NEW YO 35 4 $ y P 7.9A(c) \� 3.OA14,9 rQ- ,Ep \\ 10A(e) _ ♦ �. 3 \'\♦ 3.1A (TOWN OF SOUTHOLD 24 S , Cl- �s \\♦ OEVELOPMENTRIGH75) I ti , \I• \ 1.9A(e) 1'4 $ p ,.,.', i 5.2 48.\ �SUFay _ 1'1 6.3 23A STATE OF 'b p 4.2A \ RIGIIOTS/E • a 12.9A(C) NEWY(N1K q '�,L9� .0 42'� (CO(mTroA\ (i \� .-.., 1 i n 7y OYSTERPONDS 9 1 Tae UNION FREE �" �';'27 N `9j7• ' > `.� 1Y Y \_ \ LU ¢ 8 s' 18.3 �- _ SCHOOL DIST. I I 26 10 Ta 19 \ ur eo c >i 20.1 F 22.1 182 18.4 a, 3 R e 1.BA(e) = y 16. 2.9A 22 O 13=o ORIENT 14 CONGREATH)NAL T. CHURCH = ` 18.6 m A 15 e e 21 a>d e y *` VA 18.5 ° 26.20 'h, �, Z � {7 pAA)N „i Nt -L O In2.4A Q M � m 10 9 9.1 13.8 as 12 4AA(C) g ,y 23 27 ed u A yF 6„W '+°1 8= ,e ORIENT FIRE DISTRICT a1 p n PCL 18 1 w. a i^S rM 1: 92 O a.. 13.7 I� F B.tA(c) 26 t9 / \ SEE SEC NO Ny7gj$g RE »° 2.2A(C) .,, a/ 2.5A 02007- Yn\ N359 BBI N 369 BB2 0' / MATCH Z LIN .A1f tt MATCH - LINE : , MATCH LINE �,Y1 SEE SEC.NO 027 -�/ SEE SEC NO 027 SEE SEC NO.027 L PNP.Rra,Aw�„,a awal.een,aN^ ^r M,rar�„ ------ cawrAwel.�. --cor-- »ra�.enlPu. --H-- °raEsaORAVA+oT�RwaEAurR°RERNEs NOTICE � Tt1sAe COUNTY OFSUFFOLK © K 13° 0t° rownoF SOUTHOLD SECTION NO ARf yaTI.N THE FIXIOwNOOSTRiC1a- 8:4 'r� E E R..RI..c.,.,ao..,,. -� a�mnwuatrrTay.lb (21J Ns O wOer:Pl.r --F-- MusrPfmlM --R-- SCr100. 2 aENER - Ws.O -NTENANCE.ALTERATION.SALEOR Real Property Tax Service Agency Y E auM.nmld Una �^--A -- wAw Paw l+. --w-- .a party -�T-- spE 25 DE,N UT10N OF ANY PORTION OF THE Ota VILLAGE OF �Q N �y 1w l�o+l o..Q I... -_a__ a aw m-_ -_ ucNr a° 1Ex SUFFOLK COUNTY TAIL MAP is PROHi&TEOn• �(�! r`^ County Center RlverheaY,N Y 1190/ M mT V N 65 RErustr SCALE IN FEET Prcd No. 23 w.a A.. 12.1 N4)a 12.IA T'� -� wA Pa^ol tine -P-- acwrt�Pawlna--ww ANaulureE wKiEYMRR WTNOUT WRITTEN PERM166-1 THE 'M1E).� )�S�''� 300 0 100 AA r DISTRICT NO 1000 AP D REAL PROPERTY TA%SERNCE AGENCY �t'i Y1 V a$cT °n °zT PROPERTY M 12.1 A(,) MuyaL.. s.r Olu+a liv -5-- a CONYERSON PATE:Sµ 0>.2012 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 10/31/14 Re: Proposed Conservation Subdivision Open Development Area for the Tuthill Oysterponds Holding Co., LLC SCTM#s: 1000-17-4-16, 17-6-14.2, 18-3-30.3 and 18-6-17.3 Date of Hearing: Monday, November 3, 2014, 4:34 p.m. Town of Southold PC/Codebook for Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-20031 Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated,proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town,which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant,petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail,return receipt requested,posted at least seven days prior to the date of the initial public hbaring on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property,nature of relief or approval involved, and date, time and place of hearing. The applicant,petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. 1 TUTHILL OYSTERPONDS HOLDING CO. , LLC CONSERVATION SUBDIVISION OPEN DEVELOPMENT #AREA FOR TUTHILL OYSTERPONDS HOLDING CO., LLC 1000-17-4-165 17-6-14.2, 18-3-30.3 and 18-6-17.3 Proposal for an 80/60 Conservation Subdivision of four parcels: SCTM#s 1000-17-4-16, 1000-17- 6-14.29 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where 49he lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acre private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 6 acres of unbuildable lands. MONDAY - NOVEMBER 3 2014 - 4 : 34 P . M . TUTHILL OYSTERPONDS HOLDING CO., LLC CONSERVATION SUBDIVISION OPEN DEVELOPMENT QNREA FOR TUTHILL OYSTERPONDS HOLDING CO., LLC 1000-17-4-165 17-6-14.23 18-3-30.3 and 18-6-17.3 Proposal for an 80160 Conservation Subdivision of four parcels: SCTM#s 1000-17-4-16, 1000-17- 6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 6 lots Ophere the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. MONDAY - NOVEMBER 3 , 2014 - 4 : 34 P . M . TUTHILL OYSTERPONDS HOLDING CO. , LLC CONSERVATION SUBDIVISION OPEN DEVELOPMENT GAREA FOR TUTHILL OYSTERPONDS HOLDING CO., LLC 1000-17-4-16, 17-6-14.2, 18-3-30.3 and 18-6-17.3 Proposal for an 80/60 Conservation Subdivision of four parcels: SCTM#s 1000-17-4-16, 1000-17- 6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield pursuant to §240-42 F of the Southold Town Code. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots Ovhere the lots range in size from 0.7 - 0.8 acres. This property includes a 1 .2 acre private right- of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. MONDAY - NOVEMBER 3 2014 - 4 : 34 P . M . TUTHILL OYSTERPONDS HOLDING CO. , LLC CONSERVATION SUBDIVISION OPEN DEVELOPMENT QNREA FOR TUTHILL OYSTERPONDS HOLDING CO. , LLC 1000-17-4-163 17-6-14.23 18-3-30.3 and 18-6-17.3 Proposal for an 80/60 Conservation Subdivision of four parcels: SCTM#s 1000-17-4-16, 1000-17- 6-14.25 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield pursuant to §240-42 F of the Southold Town Code. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 Oquals 0.92 acres. This property includes 25.5 acres of open space inclusive of 1 acre of wetlands. MONDAY - NOVEMBER 3 2014 - 4 : 34 P . M . From ' �A �-1� / ► S Po. k3ovI&Y I,'Il/a� L� . -_ F- Southold Toi-I'L �~ Planning Boarca all (0 d+w " The V*iew " This view from Latham's Farm Stand is one of the most bucolic in America. There will be less of it if the Tuthill Oysterponds Subdivision is approved by the Planning Board. Contact the Southold Planning Board, the Town Council, the Peconic Land Trust, and let them know how you feel about this view--and farmland--being changed forever by development, as well as the rest of the subdivision proposal that slices up some of the most beautiful land remaining in Orient. Surely, a compromise can be worked out. Save "The View" Committee Orient New York MAILING ADDRESS: PLANNING BOARD MEMBERS �QF SO P.O. Box 1179 DONALD J.WILCENSKI ��� QUO Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G • 54375 State Route 25 JAMES H.RICH III �Qlp (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR �/COU �� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Departmentrp Date: August 29, 2014 Re: Deferred Revenue The Conservation Subdivision Sketch Application referenced below has been accepted by the Planning Board and the funds may be processed to Planning Applications Revenue Account B2116.10. Thank you. Applicant/Project Name & Type Tax Map # Amount Check Date/No. Tuthill Oysterponds Holding Co. 7/2/14 -#1439 Conservation Subdivision — Sketch 17-4-16, 17-6-14.2, Plan Application Fee 18-3-30.3, 18-6- 17.3 & 18.1 $500.00 CK MAILING ADDRESS: PLANNING BOARD MEMBERS ````OF SU!/r P.O. Box 1179 DONALD J.WILCENSKI O�`` ��l Southold, NY 11971 Chair Q OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G • Q 54375 State Route 25 JAMES H.RICH III �� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR li CiAulm Southold, NY Telephone: 631 765-1938 www.southoldtowuny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 5, 2014 Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, New York 11957 Re: Proposed Conservation Subdivision for Tuthill Oysterponds Holding Company SCTM#1000-17-4-16 Zoning Districts: R-80 & R-200 Dear Mr. Tuthill: The Southold Town Planning Board reviewed the above-referenced application at their August 4, 2014 Work Session and found the application complete pursuant to §240-10 of the Southold Town Code. As discussed at the Work Session, the Board will conduct a site visit to view the location of the proposed lots. Please be advised that Planning Staff will contact you to set up a date and time for the site visit. If you have any questions, please do not hesitate to contact this office. Very truly yours, Q� Alyxandra Sabatino Planner cc: Land Preservation Southold Planning Department Staff Report Subdivision Application Work Session Review Date August 4, 2014 Prepared By: Aly Sabatino 1. Application Information Project Title: Tuthill Oysterponds Holding Company Applicant: Tuthill Oysterponds Holding Company Date of Submission. July 3, 2014 Tax Map Number: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Project Location: 21505 Route 25 Hamlet: Orient Zoning District: R-80 & R-200 11. Description of Project Type of Subdivision: 80/60 Conservation Subdivision Acreage of Project Site: North Dyer: 21.1 acres South Dyer: 35.4 acres North Brown: 28.75 acres South Brown 26.92 acres-Total of 112 acres # of Lots Proposed: 17 III: Status Pending IV: Action to review Application Completeness V: Analysis :• The Tuthill Holding Company Application: Applicant is proposing a split cluster 80/60 Conservation Subdivision that incorporates SCTM# 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3. This transferring of yield is allowed pursuant to §240-42 G of the Southold Town Code. Public water was is not available on any of the sites. • Currently the applicant's proposed method of preservation (required 80% preservation): Sale of development rights to the Town. • 80/60 Conservation Subdivision Requirements: 0 80% Minimum amount of land must be preserved as Open Space (sale of development rights) 0 20% Maximum amount of land that can be developed 0 60% reduction in density (60% reduction of number of lots) Southold Planning Department Staff Report • The Tuthill Holding Company 80/60 Conservation Subdivision Calculations: o Total Buildable Acreage: 87.78 acres 0 80% Minimum preserved: 70.24 acres ■ The Tuthill Holding Company proposed preservation: 70.36 acres (greater than required amount) o 20% Maximum development: 17.56 acres ■ The Tuthill Holding Company proposed developmental area: 17.42 acres (less than allowed amount) c} 60% Reduction in density: 17 lots ■ The Tuthill Holding Company proposed density: 17 lots (same as allowed amount) Property Number of Lots Proposed Unbuildable Proposed Proposed Preserved Land Lands (in Development (in in acres acres ._acres) _�. North der . 9.87 5.77 5.51 South D er 5 13.88 15.91 5.55 _.... North Brown 5 21.56 2.07 5.12 South Brown 1 25.05 0.63 '1.24 Total 17 70.36 24.38 17.42 North Dyer Property: 2 Southold Planning Department Staff Report South Dyer Property: North Brown Property: 3 Southold Planning Department Staff Report South Brown Property: Required/Submitted items for Sketch Plan Completeness: -m------ m.,,,,..----------- Required Submitted Cover Letter Yes- includes reference to all materials submitted with the Sketch Application. Subdivision Application form- Sketch Yes- includes all required information. A_proval Authorization Letters Yes Pro ert Deeds Yes Copies of Easements, C&Rs, and Yes decisions from other agencies with conditions restricting this propeq Part 1 of the Environmental Assessment Yes Form New form ..Application Fee Yes- required amount$500 Lot Recognition Yes Five (5) copies of the Existing Resource Yes and Site Analysis Plan ERSAP Five 5 copies of the Yield Plan N/A conservation subdivision Five (5) copies of the Primary and No- Primary and Secondary Conservation Secondary Conservation Area plan Areas.are shown through the ERSAP _ Five 55 copies of the Sketch Plan Yes Local Waterfront Revitalization Program Yes LWRP Consisten9y Assessment Form Table showing buildable land area, Yes- However, not shown on the Sketch. calculation for yield, affordable housing and open space areas as applicable 4 Southold Planning Department Staff Report VI: Staff Recommendations 1. All items have been submitted pursuant to §240-9 submission. Recommend finding the application complete. 2. Set up a Board site visit to view all properties. 5 Southold Town Plann*Board, August 4, 2014 •0 Page 3 ............................................................................................................. ............... ....................................................... ......................... ......................I................................... .............. ........................ ..................................................................-..................................... Project Name: Tuthill Oysterponds Holding Co., SCTM#: 1000-17-4-16, 17-6-14.2, 18-3 LLC - 30.3, 18-6-17.3, 18-6-18.1 Location: 21505 Route 25, Orient ..................................................................................................................................................................................................................­­­............................ ........................................................................................................... .............................-........................ ........................... Description: This proposal is for an 80/60 conservation subdivision of four parcels SCTM #s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-1 17.3 (total area=1 12 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield pursuant to §240-42 IF of the Southold Town Code. SCTM#1 000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots; where the lots range in size from 0.7 — 0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 6 acres of unbuildable lands. SCTM#1000-17-4-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 6 lots; where the lots range in size from 0.5 - 0.9 acres, property includes a 0.5 right -of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. SCTM#1 000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots; where the lots range in size from 0.7 — 0.8 acres. This property includes a 1.2 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM#1 000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 1 acre of wetlands. ............................................................ .................................................................. ..................................................... ................................................................................................. ..................................-...................................................................................................... New Application Status: ..........................................-.1............................................................................................................................. ................ .......................... ............................... ........................... ............................................................................................................................................................................................. Action: Review for completeness. ............................................... .................................................................................................................................... .................................... .............................................................................................................................. ......................................................................................... Attachments: Staff Report ............................................. F.............................................................................................................................­­­­....................... .................................................................. ...................................................................................................................................-....................... Discussion: 1. Draft Monthly Report for July 2014 2. Local Law re: Amendments to Chapter 236, Stormwater Management 3. Planning for Historic Preservation R4CKER Archaeology Services, Inc. 2rac.�cssy Elie �oofsfe�s e�f/reflhcQrEeps REPORTS OF INVESTIGATIONS Phase to Archaeological Documentary Study for the Proposed Tuthill subdivision Orient,Town of Southold,Suffolk County, New York March 2011 Prepared for: Tuthill Oysterponds Holding Company, Orient, New York Southold Town Prepared by. Planning Board Alfred G. Cammisa, M.A./RPA Felicia Cammisa,Alexander Padilla Report#: 709 TRACKER ARCHAEOLOGY SERVICES, INC. MONROE, NY 10950 . (845)783-4082 NORTH BABYLON, NY 11703 . (631) 321-1380 MANAGEMENT SUMMARY Pam. none known ,Involved agencies: Town of Southold Phase: Phase IA Location: Orient Town of Southold Suffolk County Sun=Area: -North Dyer(Munn Lake section): Length:about 1200 feet(366 meters)north-south Width:about 525 feet(160 m)east-west South Dyer: Length:about 1100 feet(335 meters)north-south Width:about 500 feet(152 m)east-west. -North Brown: Length:about 2500 feet(762 meters)northwest-southeast Width:about 400 feet(122 m)east west -South Brown: Length:about 2800 feet(854 meters)east-west Width:about 600 feet(183 m)north-south Acres Studied:approximately 100 acres(40 hectares) USGS: Orient, NY SLOW overview: ST no.&interval:na Size of freshly plowed area:na Surface survey transect interval:na - Results: Recommend Phase IB on area to be developed(proposed duster development) Results of Architectural Survev No.Of buildings/structures/cemeteries in project area:3 No. Of buildings/structures✓cemeteries adjacent to project area:4 dwellings No.Of previously determined NR listed or eligible buildings/stnxtures/cemeteriestdisbicts: 1 district - adjacent to So. Dyer parcel No.Of identified eligible buildings/sbix Wres/cemetedWdistricts:rune Authors: Alfred G.Cammisa, M.A_/RPA, Felicia Cammisa, B.A.,Alexander Padilla, B.A. Date of Renort: - Report completed March,2011 TABLE OF CONTENTS Introduction................................................................................................................................................... Environment..............................................................................................................................................1-3 PrehistoricPotential...................................................................................................................................3-4 HistoricPotential........................................................................................................................................4-5 SiteVisit........................................................................................................................................................6 Conclusions and Recommendations............................................................................................................6 Bibliography................................................................................................................................................6-8 Appendix 1: Figures and Photographs Appendix 2: Table of MDSs Appendix 3: State Forms LIST OF FIGURES Figure 1 Portion of the Orient, New York USGS. Figure 2 Location of shovel tests on the project area. Figure 3 Portion of the 1836 Colton map. Figure 4 Portion of the 1858 Chace map. Figure 5 Portion of the 1873 Beers atlas. Figure 6 Portion of the 1896 Hyde atlas. Figure 7 Portion of the 1904 USGS. Figure 8 Portion of the County Soil Survey. LIST OF PHOTOS Photo 1 Looking north from Main Road(No. Dyer). Photo 2 Carriage house(No. Dyer). Photo 3 Barn on No. Dyer. Photo 4 Looking north on No. Dyer. Photo 5 Looking south from Main Road (So. Dyer). Photo 6 Looking south on So. Dyer. Photo 7 Looking south from Main Road on So. Brown. Photo 8 Looking north on No. Brown. Photo 9 Looking at barn from Main Road(No. Brown). Photo 10 Looking from Main Road at out-parcel house(No. Brown)- INTRODUCTION Between February 11 and March 2, 2011, TRACKER-Archaeology Services, Inc. conducted a Phase IA documentary study for the proposed Tuthill subdivision in Orient, Town of Southold, Suffolk County, New York. The purpose of the Phase IA documentary study was to determine the prehistoric and historic potential for the recovery of archaeological remains.The Phase IA was implemented by a review of past and current environmental data, archaeological site files,other archival literature,maps,and documents. The prehistoric and historic site file search was conducted utilizing the resources of the New York State Historic Preservation Office in Waterford, New York. Various historic and/or archaeological web sites may have been visited to review any pertinent site information. The entire property is approximately 100 acres and is divided into 4 separate properties. North and South Dyer are adjacent but divided by Main Road and located in western Orient. North Dyer is bordered to the north by Long Island Sound and South Dyer is bordered to the south by Orient Bay. North and South Brown are adjacent but divided by Main Road and located about 3600 feet or more east of North and South Dyer. North Brown is bordered to the north by the Long Island Sound and South Brown is bordered to the south by Narrow Rim. The study was conducted by TRACKER-Archaeology Services, Inc.of Monroe, New York. Prehistoric and historic research was conducted by Alfred Cammisa, M.A. The field visit was conducted by field director Alexander Padilla, B.A. Report preparation was by Alfred Cammisa, Felicia Cammtsa, B.A.and Alexander Padilla, B.A. The work was performed for Tuthill Oysterponds Holding Comfy,Orient, New York. ENVIRONMENT The project area is located in the southeast portion of New York State in the northeastern part of Suffolk County.This portion of New York lies in the Atlantic Coastal Plains Physiographic Province.The coastal plain slopes gently eastward and is actually a strip of recently emerged sea bottom.The soils in this region consist largely of sand,day and marl(a mixture of day,finely fragmented shell and calcite).This region of Suffolk County,on Long Islamrs North Fork,lies on an out wash plain south of the Harbor Hill Moraine. A glacial meltwater channel had once separated Orient Point from the rest of the north fork (Schuberth 1968:cover map,9,184-186;Van Diver 1985:70;Sirkin 1995:142, 149-150). Soils and T000ar by Soils on the project area consist of: 1 Name Soil Horizon color Texture Slope Drainage Landform 000th`'ln(lm) 'l° Inclusion Haven O 3.5-1.5in(9-3c m) leaves Lo 0-2&2-6 well outwash 01.5-0(-0) plains A 0-3(-8) organic B 3-10(-25) 10YR4/2 B210-19(-48) 7.5YR4/4 7.5YR5/6 Montauk A=0-3(0-8) 10YR4/2 FSaLo 3-8&8-15 well moraines B=3-19(-49) 10YR5/6 Plymouth A--0-4in(0-10) 10YR3/2 LoSa 8-15 well moraines& B=4-10(-26) 10YR5/4 outwash 13=10-17(-43) 10YR5/6 pis - Riverhead Ap=0-12in(0-30) 10YR4/3 SaLo 3-8 well moraines& B=12-27(-69) 7.5YR5/6 offish plains,& some graded (fig road) Riverhead graded SaLo, Lo 0-8 well moraines& _ &Haven, oulwash graded some gg raded (along road) Scio 0=2-1 (5-3) leaves SiLo 0-2&2-6 well glacial till 0=1-0(3-0) organic A=0-4(-10) 10YR2/2 A=4-7(-18) 10YR4/3 B=7-19(48) !0YR5/4 (Warner 1975:map#5, inset map#3;pgs.71-72,73-74,77-78,81, 83,85-86). Elevations on the property range approximately from 50 feet above mean sea level.The project area is located on the north fork,a narrow peninsula,and Orient a small peninsula. The property(properties) bounds Long Island Sound,Orient Harbor, and Narrow River. Ponds,other freshwater wetlands,and tidal wetlands are on the property. ftetation The predominant forest community inhabiting the Coastal Plain in this vicinity(Cape Cod to the Carolinas) was the Northern Pine-Oak Forest.These forests are maintained largely by the effects of frequent fires. _ Were it not for the fires which the pine species have adapted to,the forests would slowly change to Mew,dominated by oak,hickory and red maple.Northem Pine-Oak Forests fall within the larger Xeric Forest category. Xeric forests occur on sandy or otherwise poor soils that are overly dry.All coastal plains of eastern North America are Xeric.They generally have lower species diversity than bottomland forests 2 (Kricher 1988:16-17,65-66).The reason the forest soils and surfaces are so dry in this moist region is due to the excessive drainage of overly sandy soils on the Coastal Plain. PREHISTORIC POTENTIAL A prehistoric site file search was conducted at the New York State Historic Preservation Office (NYSHPO).The search included a 1 mile radius around the study area The following sites were recorded: S a a"g a��"� .M� .� ..�mP �s �t ds� x x�.�v k,.,E, a='" � # �*•�- .., k�+ 'aim`' t >� �'�,b�i��t� 10310.0008 on property(So. 5 Acres Indian Village:area of Brown) several camp about 600 years prior to Euro-American settlement,relics found,shell midden(Labe woodland?) 10310.0254 on property(South Major Banks(form unfilled),no into. Dyer) 10310.0255 225(68)(No. Brown) Brown Brothers shell midden 10310.0261 18M(549)(So. King Street:(form unfilled)no info Dyer) 10310.0262 4600(1402)(So. Peters Neck Brown) 10310.0263 1200(366)(So. Orient Flaking Station/Hallock Site: Brown) small workshop near the village site,covers more than 50 acres, more than 300 scrapers on plowed surface 10310-0264 400(61)(No. Brown) Orient Period(Transitional)We burial with cremation,artifact cache, red ochre, possible bone bundle at deep level 697 adjacent(No. Brown) no info. An Orient Period ceremonial burial site was reported in Orient(Stone nd%map). - In addition, Indian trails were reported in the general vicinity of the project area connecting the tidal creeks along the southern and rnorrthem portions of the north fork,one appearing along,or new, Route 25 and 48 crossing into Orient(Stone n d:map).Although the foot trails were reported during early historic times,they undoubtedly existed prehistorically. Assessing the known environmental and prehistoric data, we can summarize the following: 3 -The property(properties) bounds Long Island Sound,Orient Harbor,and Narrow River. Ponds,other freshwater wetlands,and tidal wetlands are on the property- -The project area is comprised of mostly level to moderately sloped terrain with well drained soils. -The project parcel is located on a small peninsula. Previous archaeological investigations have shown these areas as more desirable for prehistoric occupation(Cammisa 1996). -Prehistoric sites are on,adjacent,and near the study area. -Indian trails were located in the vicinity. In our opinion,the study area(for all properties)has a high to higher than average potential for the recovery of archaeological remains,depending on the location of the proposed development.The type of - site encountered could be a village,base camp or small processing/procurement site. HISTORIC POTENTIAL contact Period (Seventeenth Century) At the time of European Contact and settlement,the study area was likely occupied by either the Saugust or the Poquatuck.These were probably branches or villages of the large Corchaug tribe. (Stone nd:map; - Stone-Levine 198:161). The previously mentioned Indian trails were reported along Routes 25 and 48,connecting tidal creeks - along the southern and northern portions of the north fork and crossing over to into Orient. It may have been Town policy to keep the Indians grouped in the western portion of the Town which was considered wilderness at this time. In 1664 it was voted that the Indians could plant in Hogs Neck if they - had sufficient fencing(Anonymous 1982-8). Orient was first settled about 1661 (Town of Southold web site). Eighteenth Century Wigwams were still being used during this period.Two wigwams were located in Orient at this time 1 of - which is very dose to the North Dyer property.The wigwams were reported in the 1740's by Reverend Horton who probably lived in it while visiting(Stone nd:map;Stone 1980:170). The term wigwam may refer to a hamlet or small village of these dome shaped dwelling structures. A wharf and warehouse were constructed in Orient by 1740(Town of Southold web site). Oyster Ponds, now called Orient, was connected with the rest of the Town by a low, sandy beach which - was,at times,covered by water.This tract was called Poquatudc by the Indians which means tidal river, cove,or creek(Thompson 1918:385,Tooker 1962:195). Previous to the American Revolution,there was a wharf near Stirling Creek where sloops from West India landed with rum and molasses. During the Revolutionary Period,there were 6 houses in the village of Greenport,5 of which were along Stirling Street(Bayles 1962:379). 4 Nineteenth Century The 1836 Colton map shows Main Road. Buildings appear on or adjacent to North and/or South Brown parcels(Figure 3). The 1858 Chace map does not stow roads but rather the buildings along the roads. Building are depicted along where Village Lane and Main Road are.The road configurations are not accurate,however, Buildings are on or adjacent to the North Brown parcels(Figure 4). The 1873 Beers atlas shows Main Road's orientation is not accurate near the Brown parcels,it should be further north.One or 2 buildings are shown on or adjacent to North Dyer. Buildings are adjacent to South Dyer.A Tuthill house is depicted on South Brown.A Brown house is shown on or adjacent to North Brown (Figure 5). The 1896 Hyde atlas depicts a hotel and another building on or adjacent to North Dyer. Brown and Tuthill houses are shown on or adjacent to South Brown and the North Brown parcel crosses into Brown farm land(Figure 6). Twentieth Century The 1904 USGS shows structure on and adjacent to North Dyer,adjacent to South Dyer,on south Brown, and adjacent to North Brown(Figure 7). In the late nineteenth century,the Town farming became highly specialized in areas such as potatoes, cauliflower,brussels sprouts,peas,beans,and the like(Bailey 1949:162). An historic site file search was conducted at the New York State Historic Preservation Office(NYSHPO). The search included a 1 mile radius around the study area.The following sites or districts were recorded: NR#90NR01894 adjacent(So. Dyer) Orient Historic District Assessing the known environmental and historical data,we can summarize the following: -The property(properties) bounds Long Island Sound,Orient Harbor,and Narrow River. Ponds,other freshwater wetlands,and tidal wetlands are on the property. -The project area is comprised of mostly level to moderately sloped terrain with well drained soils. - -Indian trails were located in the vicinity. Indian wigwams were in the vicinity, 1 was close to North Dyer. -Historic MDS were on or adjacent to the various study areas. -The Orient historic district is adjacent to South Dyer. In our opinion,the study area(for all properties)has a high to higher than average potential for the recovery of nineteenth to early twentieth century Euro-American sites and a higher than average potential for native American historic sites depending on where the development is proposed. 5 SITE VISIT At the time of the site visit in February,the property consisted of wooded sections,with oak, maple, and sycamore, active farm fields, lawn areas near buildings, fresh and salt water wetlands.At the time of the site visit, snow was on the ground. It as also impossible during a 1 day site visit to cover the entire 100 acre property. However, buildings were noted at this time(see below). Buildings MithillBrown family historic structures) Buildings consisted of the following: North Dyer(on study property): 1)Carriage house:2 story wood frame with cut stone blocks set in in mortar.Appears re-modeled. 2) Barn:wood frame with vertical clapboard,cut stone foundation set in mortar and asphalt roof roll.An associated shed/garage was nearby. South Dyer:(Out parcel Dwelling adjacent to study property) : 3): Dwelling:dad's house built circa 1910(Tuthill 2011:p.c.),2 story wood frame with concrete dressed foundation. North Brown 4)Grandma's house built circa late 1800's(Tuthill 2011:p.c.), (Out parceled dwelling adjacent to study property):2 story wood frame Victorian style with stone block foundation and brick chimney 5)Bam(on study property):wood frame with vertical clapboard,cupola,with building set on brick pillars. South Brown(out parceled house):21/2 story wood frame with concrete dressed(possibly over brick) foundation,appears 20th century, possibly early in the century. According to the owner(Tuthill 2011:p.c.),the Brown family owned much of the study area as farm land since the 1640's.The Tuthills and the Browns were intermarried for many years. CONCLUSIONS AND RECOMMENDATIONS Based upon location on a small peninsula with close proximity to water,proximity to known prehistoric sites, Indian trails,terrain and soil types,the entire study area is seen as having a high to higher than average potential for the recovery of prehistoric sites. Based upon the similar environmental characteristics, proximity to historic sites, map documented structures, and/or Indian trails,the entire study area was seen as having a high to above average potential for nineteenth century sites and a higher than average potential for encountering historic aboriginal sites. A Phase IB archaeological survey is recommended for the proposed development(APE)prior to any ground disturbance and according to current standards(NYAC and NYSHPO standards). BIBLIOGRAPHY Bailey, Paul 1949 Long Island:The Story of Two Great Counties, Nassau and Suffolk Volume 1. Lewis Historical Publishing Company, New York. Bayles, Richard 1962 Historical and Descriptive Sketches of Suffolk County. Empire State Historical Publishing Company XVIII. 6 Cammisa, Alfred G. 1996 Phase 1B Archaeological Survey and Phase ll Intensive Testing of the Pellicano Site for the Proposed Bayview Development Bayview, Town of Southold Suffolk County, New York. TRACKER-Archaeology Services. Ms. on file with NYSHPO. Kricher,John C. and Gordon Morison 1988 The Peterson Fred Guide Series:Eastem Forests of North America. Houghton Mifflin Company, Boston. Levine,Gaynell, editor 1978 Readings in Long Island Archaeology and Ethnohlstory, Volume 2:The Coastal Archaeology Reader.Suffolk County Archaeological Association. Pelletreau,William 1982 Southold, in History of Suffolk County, 1683-1883.Suffolk County Tricentennial Commission. W.W. Munsell and Company. Schuberth, Christopher J. 1968 The Geology of New York City and Environs. New York: Natural History Press. Sirkin, Les 1995 Eastem Long Island Geology with Field Trips. Book and Tackle Shop, RI. Stone-Levine, Gaynell 1980 Language and Lore of the Long Island Indians. Readings in tong Island Archaeology and Ethnohistory.Suffolk County Archaeological Association. Stone, Gaynell 1993 Readings in Long Island Archaeology and Ethnohistory: Volume 3, The History and Archaeology - of the Montauk Suffolk County Archaeological Association. Thompson, Benjamin Franklin 1918 History of Long Island.Volume 2. Ira J. Friedman, Inc_, New York. Tooker, William Wallace 1962 The Indian Place Names on Long Island and islands adjacent, with their probable significations. Ira J. Friedman, New York. Town of Southold web site 2010 Orient in, http://southoldtown.northfork.net/orient.htm Tuthill, Lyle 2011 personal communication. Van Diver, Bradford B. 1985 Roadside Geology of New York Missoula Montana: Mountain Press Publishing Company. Warner,John W.;W. E. Hana; R.J. Landry;J. P. Wulforst;J.A. Neeley; R. L Holmes;and C. E.Rice 1975 Soil Survey of Suffolk County, New York U.S. Department of Agriculture,Soil Conservation Service in Cooperation with Cornell Agricultural Experimental Station. M= Chace,Jay 1858 Map of Suffolk County, Long Island, New York.Philadelphia:John Douglas. 7 Z Figure 1 " R4CKER _ f Portion of the orient, NY USGS ArchaeokUServi*Inc. 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Zr-cklre44.`,�T,a-4uyia�tfi/Iwcutori :rr= project • vicinity Rtt+• project Vicinity M. • A M;hOT �] r ; tltA P" �Hot _ s� Navad Bond •� s � � w h •r _"�•� —s_ ,is• � `L•• •• ���.� .1 ow 41 1% -Figure 3 N rrr= n, ► �r,,r•r�fr,• Portion of the 1836 Colton map w ". n . .• 1�.- . __ .� Figure 4 ' J&wido,, ortion of the 1858 Chace map • Wow 006 • , project N project area r area .r•r'�. i!foot I so - lb h � f 16 f •tom • .. •t'. • 1 l ' • �Al 4 O •t t . _ f Figure 5 " 0 ortion of the 1873 Beers atlas project areas project areas Figure 6 " Portion of the 1896 Hyde atlas b � f S 4r "Af Nr I, ro„• 81 �t: r� Ao r 1IN 8 . fi- 4 fi41 • Oy proje .S'tc r w ,�s''�. projec areas t areas .eta i� G 11'ac I, � � Ijli � t h 3l TQdVvtcs-XI t♦ r11 !'-n1 Figure 7 N _ *Portion of the 1904 USGS T rd . #fit, ' North Brown `• •i=' ., pt ,' t ',r� ��-�. t !• r'' tip*;"' , i r :rt ti! A ;,;• ,; r'� " ,' • North Dyer At- JI _- t South DyerAR j'' South Brown • 1. / row n "t Figure 8 " M A C ortion of the County Soil Survey 1„zet r 6 44 Bg. p Mfc �aP £ . MfB Ic " ��..►. HaB Q ' MfC �C HaA J; HaA North Brown m D PIB PatY �> MfB A 6cl RdB- SdA �e ,f T � MfB � - CPE <J 4, HaA 9 W fC CPS North Dyer H O t 25 Wa Tm -Tm w a __ � aA RhB HaA Tm HaA So - South Dyernt fs a SdA CEMETERY . South Brown * �- Tm RfiB SdA - I E N T HaA HaB SdA SdA - R B 0 R ig Tm He HaB SdA HaC Tm " H He MaA 3 oto 1 Looking north from Main Road (No. D er) .. at _ � II Photo 2 Carriage house (No. Dyer) _--- „ �tT Ifl -100 son y` t ;r Photo 3 Barn on No. Dyer S 1 AV Wt V i ♦ # t i� t u ; >• t, t r- _ �.. � •,ram " - �:,�^ �;�._ Photo 4 Looking north • No. Dyer POW t 4 A e 1• � � .,'� � it � � 4 , i�,. �'• ��i i •�' 5h r 10 ii �� ' -���. �•�T!g ice.._ ,'� � �. �.. -«.aM Photo 6 Looking south on So. Dyer '` m 6 rf► �. P oto 7 _ Looking south from Main Road on So. Brown 21 fJ Photo 8 Looking north on No. Brown �� E BIRO .�i�IrWN11R11. I �", ,,,�,._...__.� .'o""""r "! _ .... E - 1 V � n n n 7} Photo • Looking at barn from Main Road • Brown) may. ► A. a h ,►.� r f`.a T r; *Oil fir b t � �jIlit �. 0 a •�, J�I1- i ���L .l •�.` i.i� 1,/S in ti,}., �., �\a`1\ ,, iM ;mac!a !E •�v'111�b,r., f , ; - Photo Looking from Main Road atm.- q� t 4 TABLE OF MAP DOCUMENTED STRUCTURES along Main 1836 on or adjacent na agricultural Fig. 3 Road in either to No.&So. So.or No. Dyer Brown parcels or North or South Brown parcels (between Village La.& Black La.or west of Browns Hill Rd_) same as above 1858 on or adjacent na agricultural Fig. 4 to No Brown same as above 1873 on or adjacent Tuthill& agricultural Fig. 5 to No. &So. Brown Dyer &No.&so. Brown same as above 1896 on or adjacent Tuthill& agricultural Fig.6 to No. Dyer& Brown No. &So. Brown same as above 1904 on No. Dyer, na rural Fig.7 adjacent to So. Dyer,adjacent to No. Brown, on So. Brown BUILDING/STRUCTURE INVENTORY FORM New York State Office of Parks,Recreation UNIQUE NO. and Historic Preservation QUAD Peebles Island,PO Box 189 Waterford,New York 12188-0189 (518)237-8643 Reported by: Alfred Cammisa Your address: 62 Pickerel Rd. Organization(if any): _ TRACKER-Archaeology Services.Inc. Telephone: 845-783-4082 Date: 3-2-1 l 1. BUILDING/STRUCTURE: Tuthill/Brown 2. MUNICIPALITY: County: Suffolk Town/City: Southold Village: 3. LOCATION: Orient(North er proper)north side of Main Road. east of Rack La. 4. PRESENT OWNER: Lyle&Reg Tuthill,Orient NY 5. OWNER'S ADDRESS: 6. USE: Original: carriage house&barn Present: same 7. ACCESSIBILITY TO PUBLIC: Exterior visible from public road: Yeses No Interior accessible(explain): _ private 8. BUILDING _Clapboard x Stone _Brick _Board and batten MATERIAL: _Cobblestone x Shingles _Stucco _Other 9. STRUCTURAL _Wood frame with interlocking joints SYSTEM: x Wood frame with light members _Masonry load-bearing walls _Metal(explain) -&,Other stone cut foundation 10. CONDITION: _Excellent x Good _Fair _Deteriorated 11. INTEGRITY: x Original site _Moved. If so,when? List major alterations and dates(if known): appears remodled PHOTOS: 13. MAP LOCATION: 7.5 Minute Series Quad Name: Orient NY 15 Minute Series Quad Name: Shelter IslancL NY U.T.M.Coordinates: D.O.T.Coordinates(if known): ---Attach modern location map(e.g.City street map, Sanborn map,D.O.T.planimetric map)--- _ 14.THREATS _.None known _Zoning Roads TO BUILDING: x Development ,Deterioration 15.RELATED OUTBUILDINGS AND PROPERTY: x _Barn —Carriage house Garage .—Privy ,Shed _Greenhouse —Shop _Gardens _Landscape features: Other: 16. SURROUNDINGS OF THE BUILDING (check as many as apply): x Residential —Commercial _Industrial Densely built up _Scattered buildings x_Open land _Woodland — _Other: 17.INTERRELATIONSHIP OF BUILDING AND SURROUNDINGS: (Indicate if the building or structure is in an historic district) _ 18.OTHER NOTABLE FEATURES OF BUILDING AND SITE: (Including interior features is known) SIGNIFICANCE 19. DATE OF INITIAL CONSTRUCTION: Architect: -- Builder: 20.HISTORICAL AND ARCHITECTURAL IMPORTANCE: _ 21. SOURCES: BUILDING/STRUCTURE INVENTORY FORM New York State Office of Parks,Recreation UNIQUE NO. and Historic Preservation QUAD _ Peebles Island,PO Bog 189 Waterford,New York 12188-0189 (518)237-8643 Reported by: Alfred Cammisa ^ Your address: 62 Pickerel Rd. Organization(if any): - .TRACKER-Archaeology+Services,Inc. • Telephone: 845-783-4082 Date: 3-2-1 l * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1. BUILDING/STRUCTURE: Tuthill/Brown 2. MUNICIPALITY: N. County: Suffolk Town/City: Southold Village: 3. LOCATION: Orient(South D=properW south side of Main Road,east of Back La 4. PRESENT OWNER: Lyle&Reg Tuthill,OrienL NY - 5. OWNER'S ADDRESS: 6. USE: Original: dwelling Present: same 7. ACCESSIBILITY TO PUBLIC: Exterior visible from public road: Yeses No Interior accessible(explain): private 8. BUILDING _Clapboard _Stone _Brick _Board and batten - MATERIAL: —Cobblestone -.x-Shingles _Stucco _Other 9. STRUCTURAL _Wood frame with interlocking joints SYSTEM: x Wood frame with light members _Masonry load-bearing walls _Metal(explain) .Other concrete dressed foundation 10.CONDITION: _Excellent -x-Good _Fair _Deteriorated 11.INTEGRITY: x Original site —Moved. If so,when? List major alterations and dates(if known): appears remodeled PHOTOS: _ 13. MAP LOCATION: 7.5 Minute Series Quad Name: Orient,NY 15 Minute Series Quad Name: Shelter Islam NY — U.T.M.Coordinates: D.O.T.Coordinates(if known): - ---Attach modern location map(e.g.City street map, Sanborn map,D.O.T.planimetric map)-- 14.THREATS .x None known _Zoning _Roads TO BUILDING: —Development _Deterioration 15.RELATED OUTBUILDINGS AND PROPERTY- -Bam —Carriage house _Garage —Privy _Shed _Greenhouse .—Shop _Gardens — _Landscape features: _Other: 16. SURROUNDINGS OF THE BUILDING (check as many as apply): ` x Residential _Commercial _Industrial Densely built up _Scattered buildings x Open land _Woodland —Other: — 17.INTERRELATIONSHIP OF BUILDING AND SURROUNDINGS: (Indicate if the building or structure is in an historic district) _ 18.OTHER NOTABLE FEATURES OF BUILDING AND SITE: _ (Including interior features is known) SIGNIFICANCE 19. DATE OF INITIAL CONSTRUCTION: 1910 — Architect: Builder: — 20.HISTORICAL AND ARCHITECTURAL IMPORTANCE: 21. SOURCES: BUILDING/STRUCTURE INVENTORY FORM New York State Office of Parks,Recreation UNIQUE NO. and Historic Preservation QUAD Peebles Island,PO Box 189 Waterford,New York 12188-0189 (518)237-8643 Reported by: Alfred Cammisa Your address: 62 Pickerel Rd. Organization(if any): TRACKER-Archaeology Services.Inc. Telephone: 845-7834082 Date: 3-2-11 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1. BUILDING/STRUCTURE: Tuthill/Brown 2. MUNICIPALITY: County: Suffolk Town/City: Southold Village: 3. LOCATION: Orient(North Brown propuly)north side of Main Road,east of Brown Hill Rd 4. PRESENT OWNER: Lyle&Reg Tuthill,OrienL NY 5. OWNER'S ADDRESS: 6. USE: Original: . dwelling _ Present: same 7. ACCESSIBILITY TO PUBLIC: Exterior visible from public road: Yes-x— No Interior accessible(explain): private 8. BUILDING x Clapboard _&_Stone _Brick _Board and batten MATERIAL: _Cobblestone _Shingles _,.Stucco _Other 9. STRUCTURAL _Wood frame with interlocking joints SYSTEM: x Wood frame with light members _Masonry load-bearing walls —Metal(explain) iLOther____stone cut foundation 10.CONDITION: _Excellent -x Good _Fair _Deteriorated 11.INTEGRITY: Original site _Moved. If so,when? List major alterations and dates(if known):appears remodled PHOTOS: 13. MAP LOCATION: 7.5 Minute Series Quad Name: _ Orient NY 15 Minute Series Quad Name: — Shelter Island.NY ` U.T.M.Coordinates: D.O.T.Coordinates(if known): ---Attach modern location map(e.g.City street map,Sanborn map,D.O.T.planimetric map)--- 14.THREATS -A_None known _Zoning Roads _ TO BUILDING: _Development _Deterioration 15.RELATED OUT 3UELDINGS AND PROPERTY: -A_Bam _Carriage house _Garage _Privy —Shed _Greenhouse _Shop _Gardens _ _Landscape features: _Other: 16. SURROUNDINGS OF THE BUILDING (check as many as apply): - ' -x-Residential —Commercial _Industrial _ Densely built up —Scattered buildings X_.Open land _Woodland _Other: - 17.INTERRELATIONSHIP OF BUILDING AND SURROUNDINGS: (Indicate if the building or structure is in an historic district) _ 18.OTHER NOTABLE FEATURES OF BUILDING AND SITE: (Including interior features is known) SIGNIFICANCE 19. DATE OF INITIAL CONSTRUCTION: late 1800's Architect: Builder: 20.HISTORICAL AND ARCHITECTURAL IMPORTANCE: 21. SOURCES: 0 0 Tuthill Oysterponds Holding Company Interest In 80/60 Conservation Subdivision And ODA This provides an overview of the Tuthill Oysterponds Holding Company's interest in pursuing an 80/60 Conservation Subdivision and Open Development Area covering 4 parcels of property in Orient, NY that we own. Property Description-The 4 parcels are known as North Dyer(ND)and South Dyer(SD),just East of Latham's Farm Stand on the Main Road, and North Brown (NB) and South Brown (SB), about 2 miles further east on the Main Road. In total this involves about 112 acres of which 23 acres are coastal and wetland areas with high scenic value.An additional 70 acres would be preserved of which 52 acres would continue to be farmed (98%of current farmed area).The remaining 17 acres would be split up among 17 lots plus the Right-of-Ways needed to support them,and one existing Farm stand. The Tuthill Oysterponds Holding Company is a family company that is currently focused on stewardship for 4 parcels of land.This involves maintaining and growing the current agriculture and aquaculture efforts, identifying additional ways to generate income from the properties and ensuring we have a sufficient number of desirable building lots to pass down to family members.There are currently 4 Managing Directors for the Holding Company: Reg Tuthill, Ruth Tuthill, Lyle Tuthill and Carol Tuthill. Current/Intended Use of Property-There is active agricultural farming on 3 parcels(SD, NB,SB); ND has been farmed in the past and may again in the future.There is an active Aquaculture operation on SD, which utilizes the land we own under the Tidal Creek. We currently have one active Farmstand on SD (Latham's).We have interest in taking advantage of any new flexibility provided by future changes in Town Code in using open space and land for which we've sold development rights.These commercial opportunities allow us to generate the income needed to cover the costs of maintaining and preserving the properties within our families. Of the 17 lots that would be created,there is an existing house on ND that would be located on one of the lots. Beyond that,there are no plans to develop any additional lots at this time, and we expect little to no additional development of lots in the foreseeable future. Preservation of the Property—It would be our intent for the Tuthill Oysterponds Holding Company to retain ownership of all the property including Unbuildable areas, open space, and any land for which we would sell development rights.The Holding Company would serve as the HOA for all open space/preserved land.Our preference would be for the Town of Southold to provide the oversight for the open space/preserved land. Purchase of Development Rights—We would like to take advantage of selling Development Rights to the Town if we can agree on the value of the rights we would give up. We would be open to discuss flexible/creative terms or instruments for the Town to pay us for our Development Rights if a single lump sum payment would not be feasible or practical. Respectfully Submitted by Reg, Ruth, Lyle and Carol Tuthill July 2, 2014 _ List of Materials Submitted - Tuly 2, 2014 (#of Pages) , 1. Oveadew- Family Holding Company Background, Intent, Perspective (1) 2. Subdivision Application -_Sketch Approval Form (2); Check for $500 3.Authorization Letter - Transactional Disclosure Form (1). 4. PropeM Deeds - Current deeds showing ownership by individual LLCs for each parcels. Note: The South Brown deed encompasses two SCTM #s. The LLCs are subsidiaries of the Tuthill Oysterponds Holding Company (27) 5. Easements, Covenants, Restrictions (1) - a. 8/14 2001 Southold Town Planning Board Resolution - 54,985tsq ft: of South Dyer must be excluded from future yield calculations (3). 7/2/2014 Proposal from Tuthill Oysterponds Holding Company to set-off the 54,985 sq. ft. and add it to SCTM# 1000-17-6-14.1 (2). b. Scenic Easements - 5/30/1973: North Dyer (6), South Dyer (6), South Brown (8); 12/27/85 North Brown (8). 6. Lot Recognition (1)- Proof that parcels meet the Zoning Regulation standards a. 10/9/1956 North Dyer Property Deed (4) b. 5/30/1973 South Dyer Scenic Easement referenced in S. b. above. c. 8/31/61 North Brown Property Deed: Lower south side 18 acres (4); 50% ownership of North 23.337 acres (4). 2/10/84 Property Deed 100% ownership of 112/3 acres immediately north of the lower 18 acres (3). d. 11/26/76 South Brown Property Deed (3) 7. Part I of the Environmental Assessment Long Form - (10) 8. ERSAP Maps (4 maps - 1 per parcel) - 5 Copies 9. Tracker Archeological Survey - Phase IA Archeological Study. (41) 10. 80f60 Conservation Subdivision/ ODA Yield Calculation (1) 5 Copies 11. Sketch Plan - (4 Maps - 1 per parcel); Overview of Layout and Impact on Land Use (1) - 5 copies 12. Local Waterfront Revitalization Progom - Assessment Form (7) Sketch Plan Overview Acres Yield-80/60 ODA Buildable Acres P sed 80/60 Cons ODA Total Unbuild. Buildable Caic. #Lots 80%Prsv.20%Dev. #Lots Prsv.Ac. Prsv.% Dev.Ac. ND R-80 21.15 5.77 15.38 3.35 3 12.31 1 3.07 6 9.87 64% 5.51 ISD R-80 3534 15.91 19.43 4.24 4 1555 3.88 5 13SB 71% 5.55 NB R 80 28.75 2.07 26.68 5.81 5 21.35 5.33 5 21.56 81% 5.12 8-R80 15.69 0.12 15.57 3.39 12.46 3.11 1 14.33 92% 1.24 SB-R200 11.23 051 10.72 093 8.58 2.14 10.72 100% 1 0 SB Total 26.92 0.63 26.29 43 4 21.03 5.26 1 25.05 95% 1.24 Not Ailoc. 0.12 Total 112.16 1 24.38 87.78 17.73 16 17 1 70.24 1 1754 17 70.24 80% 17.54 Impact of Project Completion on Land Use Total Lot Size Wading Envelope` Use of Building Envelope Land In Acres-Current and After Completion* eadow,Mn AVk Agricultural Forrested Bidgs,Paved Surk. Unvegetated ND S.F. Acres S.F. Acres Curr. Prop. Curr. Prop. Curr. Prop. Curt. Prop. Cuff. Prop. Lot 1 32,345 0.74 6469.0 0.15 0.07 0.07 0.08 0.08 Lot 2 33,713 0.77 6742.6 0.15 US 0.08 0.08 Lot 3 39,064 0.90 7812.8 0.18 0.09 0.18 0.09 Lot 4 35,552 0.82 7110A 0.16 0.08 0.16 0.08 Lot 5 31,740 0.73 6348.0 0.15 0.07 0.15 0.07 Lot 6 38,159 0.88 7631.8 0.18 0.09 0.18 0.09 R-O-W 29,321 0.67 29,321 0.67 034 0.34 0.67 ND Total 239,894 5.51 71A36 L64 0.56 0.48 0.00 0.00 0.66 0.00 0.08 0.49 0.34 0.67 SD Lot 1 38,271 0.88 7654.2 0.18 0.09 0.18 0.00 0.09 Lot 2 40 685 0.93 81-37.0 0.19 0.09 0.19 0.00 0.09 Lot 3 40,685 0.93 8137.0 0.19 0.09 0.19 0.00 0.09 Lot 4 39,978 0.92 7995.6 0.18 0.09 0.18 0.00 0.09 Lot 5 38,552 0.89 7710A 0.18 0.09 0.18 0.00 0.09 R-O-W 21,783 050 1 21,783 0.50 0.25 0.00 0.25 0.50 Frm.Stand 21,718 050 21,718 0.50 1 0.25 0.25 0.25 0.25 Oyster Shed 96 0.00 96 0.00 0.00 0.00 SD Total 241,768 SS5 83,135 L91 0.00 OAS L17 0.00 0.00 0.00 0.25 0.70 OSO 0.75 NB Lot 1 36,374 0.84 7274.8 0.17 0.08 0.17 0.00 0.08 Lot 2 31,131 0.71 6226.2 0.14 0.07 0.14 0.00 0.07 Lot 3 34,233 0.79 6846.6 0.16 0.08 0.16 0.00 0.08 Lot 4 32,825 0.75 6565.0 0.15 0.08 0.15 0.00 0.08 Lot 5 31,198 0.72 6239.6 0.14 0.07 1 0.14 0.00 0.07 R-O-W 57,300 1.32 57,300 1.32 0.66 0.00 0.66 L32 NBTotal 1223,061 5.12 90AS2 LOB 0.00 0.38 0.00 0.00 142 0.00 0.00 0.38 0.66 L32 SB Lot 1 40,004 092 8000.8 0.18 0.09 0.18 0.09 Driveway 14190 0.33 14190 0.33 0.33 0.33 SB Total 54,194 L24 22,191 0.S1 1 0.00 0.09 0.18 0.00 0.00 0.00 0.00 0.09 033 0.33 TOTAL 758,917 17 267,214 6 0.S6 L40 1.35 QOO 2.08 0.00 0.33 1.67 1.82 3.06 Assumes: Half of building envelope will be used for buildings and half will be lawns/gardens.Right of Ways will be permeable. I 1 80/60 Conservation Subdivision Open Development Area Yield Calculation Acres Yield-80/60 Consrv.Sub. 80/60 Cons. 80/60 Buildable Acres Proposed 80/60 Cons ODA Total Unbuildable Buildable Calculated #Lots ODA 80%Presery 20%Dev. #Lots Presery Ac Presery% Development ND 21.15 5.77 15.38 3.35 3 12.31 3.07 6 9.87 64% 5.51 SD Total 35.34 14.65 20.69 SD Adj* 35.34 15.91 19.43 4.24 4 15.55 3.88 5 13.88 71% 5.55 NB 28.75 2.07 26.68 5.81 5 21.35 5.33 5 21.56 81% 5.12 SB-R80 15.69 0.12 15.57 3.39 12.46 3.11 1 14.33 92% 1.24 SB-R200 11.23 0.51 10.72 0.93 8.58 2.14 10.72 100% 0 SB Total 26.92 0.63 26.29 4.3 4 21.03 5.26 25.05 95% 1.24 unallocated 0.12 Total 112.16 23.12 89.04 Total Adj.* 112.16 24.38 0.78 17.73 16 17 70.24 17.54 70.24 80% 17.54 E C E VE i4 s � 2 Southold Town I Planning Board 2014-06-26 Yield Calculation.xlsx Yield 6/27/14 Compiled by Carol Tuthill Soulpold Planning Department Sit Report Subdivision Application Work Session Review Date October 20, 2014 Prepared By: Aly Sabatino I. Application Information Project Title: Tuthill Oysterponds Holding Company Applicant: Tuthill Oysterponds Holding Company Date of Submission: July 3, 2014 Tax Map Number: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Project Location: 21505 Route 25 Hamlet: Orient Zoning District: R-80 & R-200 II. Description of Project Type of Subdivision: 80/60 Conservation Subdivision Acreage of Project Site: North Dyer: 21.1 acres South Dyer: 35.4 acres North Brown: 28.75 acres South Brown 26.92 acres-Total of 112 acres # of Lots Proposed: 17 III: Status Pending IV: Action to review Review Scenic Qualities of South Dyer V: Analysis • Applicant is proposing a split cluster 80/60 Conservation Subdivision that incorporates SCTM# 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18- 6-17.3. This transferring of yield is allowed pursuant to §240-42 F of the Southold Town Code. • Public water was is not available on any of the sites. • Currently the applicant's proposed method of preservation (required 80% preservation): Sale of development rights to the Town. • The Tuthill Holding Company 80/60 Conservation Subdivision Calculations: o Total Buildable Acreage: 87.78 acres ■ Proposed preservation: 70.36 acres (greater than required amount) ■ Proposed developmental area: 17.42 acres (less than allowed amount) ■ Proposed density: 17 lots (same as allowed amount) Soulpold Planning Department StO Report Property Number of Lots Proposed Unbuildable Proposed Proposed Preserved Land Lands (in Development (in (in acres) acres) acres) North Dyer 6 9.87 5.77 5.51 South Dyer 5 13.88 15.91 5.55 North Brown 5 21.56 2.07 5.12 South Brown 1 25.05 0.63 1.24 Total 17 70.36 24.38 17.42 • The South Dyer property located on the south side of New York State Route 25 has important scenic values as shown by the following: o New York State Route 25 is identified as a Scenic Byway established in 1992 by the New York State Scenic Byways Program. 0 2001 Scenic Corridor Management Plan identifies Route 25 as a Scenic Corridor citing "The most dramatic water view is of Orient Harbor to the southeast and Dam Pond..., featuring...tidal marshes and popular farmstand." o A 2000 Grant of Term Scenic and Conservation Easement on the Southold Dyer property recorded between John B. Tuthill Limited Family Partnership and the Town of Southold. o In 2005 The Town of Southold Hamlet Study and the Draft Comprehensive Plan Community Character Chapter created a goal to preserve the gateway property east of Latham's Farm Stand with an emphasis that the scenic vista is important. • Existing Constraints that may affect current subdivision proposal: o SCTM# 1000-17-6-14.2 (South Dyer): ■ A set off was approved by the Planning Board on August 12, 2002 which shows Lot 2 (now SCTM# 1000-17-6-14.3), the set off, as 0.57 acres or 25,015 sq. ft. The approved map also includes a building envelope referenced as Lot 1. This building envelope is attached to the existing farm field, which was subject to a scenic easement that expired in 2004. o SCTM# 1000-18-6-17.3 (South Brown): o A lot line modification was approved on March 27, 1995 entitled "Robert Scott, Jr. and John Tuthill". This map shows SCTM# 1000- 17-6-14.3 expanded from 21,332 sq. ft. to 32,250 sq. ft., a change in square footage of 10,918 sq. ft. 2 Soutold Planning Department StO Report • Next steps of application: o November 3, 2014 Public Hearing is scheduled o November 8, 2014- Declare Lead Agency o November 17, 2014 or December 1, 2014- Review referrals responses and SEQRA review. VI: Staff Recommendations 1. The building envelope (Lot 1) as shown on the approved set off was set aside, outside of the scenic easement. Areas encompassed by the scenic easement prohibit buildings and structures from being erected. The approved building envelope was shown to allow for an area that was not restricted by the scenic easement. The building envelope (Lot 1) was rendered unneeded at the time that the easement expired in 2004. 2. SCTM# 1000-17-6-14.3 is shown on the proposed subdivision map as 24,984 sq. ft. The approved set of shows the area of SCTM#1000-17-6-14.3 as 25,015 sq.ft. Recommend that the applicant clarify the inconsistency shown between the approved set off and the proposed subdivision. 3. The proposed map of South Brown shows SCTM# 1000-17-6-14.3 as 21,332 sq. ft. or the area before the lot line modification was approved in 1995. Recommend that the applicant clarify the inconsistency between the proposed map and the approved lot line modification. The calculations for the conservation subdivision application must be revised. 4. The South Dyer property has important scenic values. Require a viewshed analysis to be submitted for the South Dyer property and require the applicants to stake the exact location of the proposed lots and road. The viewshed analysis shall show the representative build out of each lot. 3 Soulold Planning p p Department Stafif Report Subdivision Application Work Session Review Date August 4, 2014 Prepared By: Aly Sabatino I. Application Information Project Title: Tuthill Oysterponds Holding Company Applicant: Tuthill Oysterponds Holding Company Date of Submission: July 3, 2014 Tax Map Number: 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3 Project Location: 21505 Route 25 Hamlet: Orient Zoning District: R-80 & R-200 II. Description of Project Type of Subdivision: 80/60 Conservation Subdivision Acreage of Project Site: North Dyer: 21.1 acres South Dyer: 35.4 acres North Brown: 28.75 acres South Brown 26.92 acres-Total of 112 acres # of Lots Proposed: 17 III: Status Pending IV: Action to review Application Completeness V: Analysis ❖ The Tuthill Holding Company Application: • Applicant is proposing a split cluster 80/60 Conservation Subdivision that incorporates SCTM# 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-18-6-17.3. This transferring of yield is allowed pursuant to §240-42 F of the Southold Town Code. • Public water was is not available on any of the sites. • Currently the applicant's proposed method of preservation (required 80% preservation): Sale of development rights to the Town. • 80/60 Conservation Subdivision Requirements: 0 80% Minimum amount of land must be preserved as Open Space (sale of development rights) 0 20% Maximum amount of land that can be developed 0 60% reduction in density (60% reduction of number of lots) • Sout19 De artment Staff Report • The Tuthill Holding Company 80/60 Conservation Subdivision Calculations: o Total Buildable Acreage: 87.78 acres 0 80% Minimum preserved: 70.24 acres ■ The Tuthill Holding Company proposed preservation: 70.36 acres (greater than required amount) 0 20% Maximum development: 17.56 acres ■ The Tuthill Holding Company proposed developmental area: 17.42 acres (less than allowed amount) 0 60% Reduction in density: 17 lots ■ The Tuthill Holding Company proposed density: 17 lots (same as allowed amount) Property Number of Lots Proposed Unbuildable Proposed Proposed Preserved Land Lands (in Development (in in acres) acres) acres North Dyer 6 9.87 5.77 5.51 South Dyer 5 13.88 15.91 5.55 North Brown 5 21.56 2.07 5.12 South Brown 1 1 125.05 0.63 1.24 Total 1 17 70.36 124.38 17.42 North Dyer Property: 2 SoutTiold Planning p p Department Stl Report South Dyer Property: North Brown Property: 111111 IN 3 Soutfold Planning p p Department Stat Report South Brown Property: ❖ Required/Submitted items for Sketch Plan Completeness: Required Submitted Cover Letter Yes- includes reference to all materials submitted with the Sketch Application. Subdivision Application form- Sketch Yes- includes all required information. Approval Authorization Letters Yes Property Deeds Yes Copies of Easements, C&Rs, and Yes decisions from other agencies with conditions restricting this property Part 1 of the Environmental Assessment Yes Form (New form Application Fee Yes- required amount $500 Lot Recognition Yes Five (5) copies of the Existing Resource Yes and Site Analysis Plan ERSAP Five 5) copies of the Yield Plan N/A conservation subdivision Five (5) copies of the Primary and No- Primary and Secondary Conservation Secondary Conservation Area plan Areas are shown through the ERSAP Five (5) copies of the Sketch Plan Yes Local Waterfront Revitalization Program Yes LWRP Consistency Assessment Form Table showing buildable land area, Yes- However, not shown on the Sketch. calculation for yield, affordable housing and open space areas as applicable 4 SoutTiold Planning Department artment SttReport VI: Staff Recommendations 1. All items have been submitted pursuant to §240-9 submission. Recommend finding the application complete. 2. Set up a Board site visit to view all properties. 5 r� 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. I• Name of Subdivision `- Tuthill Oysteroonds Holding Company 2• Suffolk County Tax Map# 47388917.4-16 (North Dyer) U L - 3 1114 473889 17.-6-14 2 (South Dyer) 473889 18.-3-30 3 North Brown) r 473889 18.-6-17 3 Southold Town (South Brown) Planning Board 473889 18.-6-18 1 - (South Brown) 3• Type of Subdivision Standard [ ] Conservation 1x—80/601 Open Development Area 1x1 4• Hamlet Orient 5. Street Address/ North Dver—21505 Route 25 0Project Location South Dver—21920 Route 25 (35 4)1) ( (Tax Map Acreage) North Brown—26975 Route 25 28 South Brown—7685 Narrow River Rd. (26.68) South Brown—8070 Narrow River Rd. 0.6 6• Acreage of Site —112 acres 7. Proposed Yield 17 Lots 8• Number of Lots Proposed 17 Lots 9. Zoning District All 5 parcels in R-80 Zonine and some of South Brown is also in R-200 10. Date of Submission June 26,2014 11. Please provide the names,addresses and phone numbers for the following people: Applicant/ Tuthill Oysternonds Holding Com�anv Property Owners: Managing Directors- Ruth and Reginald Tuthill: PO Box 86. Orient NY 11957. 631-323-3558 Carol and Lyle Tuthill: 1220 Peninsula Drive,•Tavares FL 32778A 513-310-3789 3a3 - 3 30 Surveyor: Nathan Taft Corwin III: PO Box 16•James ort NY 11947 Engineer: Jeffrey Butler: PO Box 634• Shoreham NY 11786 Agent: N/A October 9,2013 Attorney: N/A 912. 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.This is the first application 13. Has a pre-submission conference been held with the Planning Board? If so,provide date.Oct. 1,2012 14. Does the parcel(s)meet the Lot Recognition standard in the Town Code Chapter 280-9 Lot Recognition? Yes x No If"yes",explain how. Deeds for Parcels 15. Has the owner/applicant met with Land Preservation?If so provide date. Melissa Spiro: 10/2009,7/2010, 12/2010, 11/2011 7/2012 9/2012 11/2011•John Sep 11/2011 16. Is any part of the property in agricultural use? yes If so,how many acres? 52.8 17. Is there an existing or proposed sale of development rights on the property? Proposed 18. Does the owner own any adjacent properties? If so,please indicate the properties by SCTM#: None 19. Are there any building permits pending on this property? No If yes,please provide permit number(s) 20. The site will be serviced by the following special districts or utility companies: Fire District Orient/East Marion Post Office Orient School District Oysterponds/Greenport Water Wells on the properties 21. Has LIPA or Keyspan been notified of the proposed subdivision?If so, lease provide roof that P P P service will be provided.Not notified because no immediate development is planned 22. Please indicate the type of open space proposed and how it will be managed? 80/60 Conservation Subdivision Open Development Area Open space will primarily be used for agriculture and aquaculture and will be managed by the Tuthill Oysterponds Holding Companyas the HOA.Oversight will be provided by Southold Town. 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? North Dyer: One house,two Auxiliary buildings-,South Dyer: Lathams Farm Stand small Aquaculture storage shed,North Brown: one Auxiliary building,• South Brown—none All structures will remain and be kept in good repair. 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 Chapter 240- 1013 (2)(c)for options)Conservation Subdivision therefore no units required/planned 25. Application completed by [ x J owner* ( J agent I x J other— *by Managing Director of owner: Tuthill Oysterponds Holding Company Signature of Preparer �4dllDate & ;20 Carol Tuthill `T— October 9,2013 Southold Planning Department Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: Tuthill Oysterponds Holding Company Last,First,middle initial unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name. Nature of Application:(Check all that apply) Subdivision or Re-subdivision x Site Plan x Other(Please name other activity) Do you personally(or through your company,spouse,sibling,parent or child)have a relationship with any officer or employee of the Town of Southold?"Relationship includes by blood,marriage or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. Yes No x If you answered"Yes" complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant)and the town officer or employee.Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse,sibling,parent or child is(check all that apply): A.the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B.the legal or beneficial owner of any interest in a noncorporate entity(when the applicant is not a corporation); C.an officer,director,partner or employee of the applicant;or D.the actual applicant Description of Relationship: Submitted this 26th day of June 2014 Signature j �5���ff Print Name Carol Tuthill Disclosure orm October 9,2013 r f Easements, Covenants, Restrictions PLANNING BOARD HERB BLII E ORLOW81a,JR. Town Hall,53M State Route 25 mermen P.O.Box 1179 WILLIAM d_CREMERS Z Southold,New York 11971-0959 B�-N-LTH L.EDWARDS Telephone(631)765-1938 GEt?RGE SUCHIE LATE aB. Fax(631) 765-3136 MCHARD CAGGIANO ryl�l PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 14, 2001 ✓ 2N��/ ��""� `'� R/-/3/z Ms. Pori Youmans c!o Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 RE: Proposed Set-Off for,bhn Tuthill SCTM# 1000-17-6-14.1 Dear Ms. Youmans: The following took place at a meeting of the Southold Town Planning Board on Monday, August 13, 2001: The final public hearing was closed. The following resolution was adopted: WHEREAS, the proposed set-off application is to set off a 0.574 acre lot from a 35.918 acre parcel; and WHEREAS, there is an existing dwelling on the proposed 0.574 acre(25,015 sq. ft.) lot; and WHEREAS, the property is located in the Low Density Residential, R-80, Zoning District, in which the minimum lot area requirement is 80,000 sq. ft.; and WHEREAS, the Planning Board has allowed the application to be processed as a duster subdivision; and WHEREAS, a notation has been made to the final maps noting that 54,985 sq. ft. (the difference between 80,000 s4. ft. and 25,015 sq. ft.)must be excluded from the yield for any future development of the remaining parcel; and John Tuthill—Pace Two—Auaust 14. 2001 WHEREAS, the Planning Board has determined that access to the proposed lot may be directly from Main Road in the event that access over Rados Court(private right-ot- way) should be p ded_ WHEREAS, a grant of term scenic and conservation saseftnt has been executed between the Town of Southold and the John B. Tuthill Family Limited Partnership on all but 0.798 aces of the remaining parcel; be it therefore RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys, dated April 26, 2001, subject to fulfillment of the following conditions. All conditions must be met within six(6) months of the date of this resolution: 1. The Declaration of Covenants and Restrictions required by the Planning Board must be horded in the County Clerk's Office. A copy of+the recorded document must be submitted to the Planning Board Office. 2. The Park and Playground Fee in the amount of$5,000.00 must be submitted to this Planning Board Office. Please contact this office if you have any questions regarding the above. Very trulyyours, , vx� Bennett Orlowski, Jr. Chairman _..._...� _..,_.. u lie � IIw' IIII IIIIIIIII 1� PlitI Inlet) ,/FINNY I '�� hRJN 'rJllllkrllJ _.,__ l i S 14 m''76'R I 41' 'M7'41 / cY1F11Y, -r-� I. yN, y 11x�WA S •.--� yr I I; •;� ,.p [YFn1/w,'1.1II ANI __ .. .. _ 7� 3� I ,/ ` 4 • �wy,aN.n w ml.,I,w TA 4 •l. ��y;` /I I i 1,�i.1'1bQ. I+wM1lTFllIN I V:M•NI« =� '- _— .,l �� ,. +A�[ g I'.l SrFJTIC 5Y5TEN 7ETAI� (' 'YF'ICYAI PLOT CLAN nut ko scale TYPICAL HR I wows wk to sccls ..eeaaJ/ " `'','� i �,,,,� ,1' ... .., r • i xrn.« b / p h ' I 'MAWS l,m,� Oak ��'4w�'�a' del I t4�N}M Yak � ' M � , a p..�'°.o,l"m"N . ' j " /+// � :f��MOY'j'►iw'µp,✓' rltlLl/MF Ir 6ouexleanw+iw,w ` 4b \ 1 j+ / '"w N+Se� � X44, ■ w r d I;' h " o I WutxT 10 CO7NAANTf 6 BNNTNICTtpq W NN `•.".� -'' a [ +, � +� ��"°�"`.r w.// \ yw„n APPROVED BY, .. A BOA1W _ds^~ma PLANNING raA1.�w,.,�NF,N6rwaswwuxa� �N3 U � '`�' •'i TL !NOFSOUTHOLD awmN,aesMor,Ncuccot ` ::5'^Y•:^.�?watWTj Ci'wy saki a m AMMLoTm ����tNwlT3 �'� �t0,�II South i":TS. NY •.JIF. i 4 K pQJ41In '� �� ��• TorAt New ar o ,rglrre rrwces-IOD,pi'I a� ° rsY �$,{ �,,,�' PIG1.'IL LIMA j .r•r,5!B�x`F lf:: •: ° w�iewJYe«° �.a's�`w'", a^o�x+wrlrx�xc«casaaas���a ��8 ' JOHNC.EHI.ERSLANDSURVBYOR ns!K a ol�fa9u:¢trd!,6�o,�Q�sly w,n a:r ar w 0.ywaa M wceawonxce w M cueme radarrlaa F 6FAUMAIN SIVM N YA.Ln,,o,�03 ' �.r5fiw'xYtar[MMo�ir�a�d,3'F�� eoMta+le�'wNw rwcH Barr ian rNa; r�I'., f�E IY- GO' A1Vm1!®AD.N.Y�11907 I AW caWWJDTloN oN sire wo.1a W w ra•v.toxe N 367-6Mri.300-M7 RW4.114W�3stw I' I ' N Additional Set-off for SCTM # 1000-17-6-14.1 Proposal: We propose that 54,985 sq. ft. from the South Dyer parcel be set-off and attached to the 25,015 sq. ft. area previously set off from the South Dyer parcel, corresponding to the area of SCTM # 1000-17-6-14.1 (John B. Tuthill's house lot). The previous set-off was made on August 13, 2001 in a resolution by the Southold Town Planning Board (attached). The proposed location of the 54,985 sq. ft. relative to the existing set-off is shown on the attached map. Rationale 1. Planning Board intent was to make the lot R-80 compliant - At the time the 25,015 set-off was made, it was further agreed that 54,985 sq. ft. of the remaining South Dyer property would be excluded from the yield for any future development of the remaining parcel. This represented the difference between the 80,000 sq. ft. minimum lot requirement of the R-80 Zoning District and the 25,015 sq. ft. lot being set-off. There is nothing in the resolution to explain why the full 80,000 sq. ft. wasn't set-off at that time, but since it can't be considered in the South Dyer yield, nor in the open space requirement, it is essentially being treated as if it isn't a part of the SD parcel. 2. Flexibility to meet Main Road Setbacks - Making the set-off lot the full 80,000 sq. ft. allows the option to relocate or replace the existing house in the future in a way that meets normal setbacks in the Bulk Schedule. The current house is only about 35' from the main road versus the R-80 front yard set- back of 60' and the recommended 100' set back from the Main Road. Being farther back from the Main Road would also be an advantage for people living in the house to reduce road noise. 3. Value of the lot - In the event we would choose to sell this lot in the future, it would be more valuable to us as an 80,000 sq. ft. lot than a 25,015 s.q. ft. lot. It seems unfair to not allow us to take advantage of this acreage since it is providing no benefit to the proposed South Dyer subdivision. IJ7 •� 91, NNN 2SO. \ ----- N. S h S t .� Op,, � O �h \ �24$98 .* ft. IN 98 sq. ft. - _---.'61 sq. ft. i _' 0 9j,9 \20 I I � �o / I �O 4� f I LOT 1 h Q` �\ 38,122 sq. ft. �\ co w l e'k o"�n° rl / D ( of 4 � ��ry T o P bOl �P`g t yp Q4,yo. ��p�4� 1 Ory ryO 40 � 2 of \x A6e�ot 170, [o 'th Or 43 h8,jy S T 3 46 Oo. 2S! �'�8• �� ��' s9 ' f�°no / T n � w O 4% 11% 9 Ott NT/p °P 6 7 fit. Son & N` y ' �7 A /% J' GRANT OF SCENIC AND CONSERVATION EASEMENT THIS INDENTURE made this 30th day of May, 1973, by and between JOHN B. TUTHILL, residing at Main Road (no number), Orient, Town of �\ Southold, Suffolk County, New York (the "grantor") and the TOWN OF �\ SOUTHOLD, a Municipal Corporation of the State of New York having its office at 16 South Street, Greenport, Suffolk County, New York (the "grantee") WHEREAS, the grantor is the owner of a certain parcel of land \V� consisting of twenty-one (21) acres, more or less, containing a lake, wood- land and beach in the Hamlet of Orient, Town of Southold, Suffolk County, /. New York, generally bounded northerly by Long Island Sound; easterly by land of Horne and others; southerly by Main (State) Road; and westerly by i land of Dorman and others, said lands being shown and delineated on a certain map entitled, "Map of Land surveyed for John Dyer at Orient, New r� York, " made by Van Tuyl &> Son, Licensed Land Surveyor,' Greenport, New .r York, dated September 24, 1956, and more fully described in Schedule A c} U- hereunto annexed and made a part hereof; which said lands are hereinafter referred to as the "premises", and VFHER,EAS, said premises constitute an area of natural scenic beauty and whose existing openness, natural condition, or present state of us, if retained would enhance the present or potential value of abutting and sur- rounding properties and would maintain or enhance the conservation of natural and scenic resources; and WHEREAS, the grantor wishes to grant a scenic and conser,;ation easement to the grantee upon the premises; and WHEREAS, the grantee deems:_it to be in the public interest to acquire interests or rights in real property for the preservation of open space and areas to preserve the beauty and natural conditions of estuarine areas in .7i , 16 373 the Town of Southold; and WHEREAS, Section 247 of the General Municipal Law of the State of New York provides that municipalities, including Towns, may acquire the fee or a lesser interest, development right, easement, covenant or other contractual right in and to real property necessary to achieve the afore- I� said purposes; and the,II WHEaEAS grantee, in furtherance of the above policy and in accordance with Section 247 of the General Municipal Law wishes to accept the scenic and conservation easement hereby proffered by the grantor, and WHEREAS,. a public hearing was held by the Town Board of the Town of Southold after due notice thereof, with respect to the terms and conditions embraced herein, at which public hearing all interested persons were given an opportunity to be heard; NOW, THEREFORE, in consideration of ONE ($1. 00) DOLLAR and other good and valuable considerations paid by the grantee to the grantor the receipt of which is hereby acknowledged, this agreement witnesseth that: 1. The grantor does hereby donate, grant, transfer an convey to the Town of Southold, a scenic and conservation easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the premises. 2. The nature, character and extent of the easement hereby granted is as follows: (a) no dredging, excavating or land fill opera- tions shall be authorized or permitted in or on the premises. (b) Except as provided in paragraph 2(c) no development of any kind shall be permitted nor shall any commercial use ex- cept agricultural and fishing use be made of the premises including the beaches or underwater lands on or adjacent to the premises. (c) Except for the maintenance of the existing -2- buildings on the premises and the storage of fishing nets, stakes, boats and fishing equipment on the premises, no buildings or structures shalt be placed or erected on the premises. (d) No gravel, sand, peat or other- material, except salt hay, thatch„ seaweed or drift shall be removed from the premises nor shall any sand, gravel or other materials be placed upon the premises; (e) No roadways or drivreways shall be con- structed on the premises except :nimproved farm roads. (f) The grantee and its authorized agents shall have the right of inspection of the premises at any and all times during the term hereof. 3. The nature, character and extent of limitations on the within grant of easement are as follows: (a) Notwithstanding the provisions hereof, the . premises shall remain at all times in the exclusive possession of the grantor. (b) All rights, interests and privileges of the grantor in the premises not herein specifically donated, granted, trans- ferred and conveyed shall remain and reside with the grantor. 4. This agreement may be cancelled by the grantor upon sixty (60) days written notice to the grantee and upon payment to the grantee of a sum equal to three times the difference between the amount of real estate taxes paid or assessed against the premises in the year of such cancellation and the amount of real estate taxes that would be assessed against the pre- mises in the year,of such cancellation had the premises not been burdened with the provisions of this instrument, both computed in the tax year in which the cancellation shall take place. Upon payment of such sum, the grantee shall execute and deliver to the grantors a release of easement instrument in recordable form. 5. In the event that the grantor desires to dispose of the -3- �.- r r �1.g_r 1�41fj r.4_� 75 premises, or any part thereof, during the term of this agreement, or any renewal or extension thereof, by sale, the ;rantor shall give the grantee 30 days notice of such proposed sale and the terms thereof. The grantee shall have the first option to acquire the premises within said thirty (30) day period on the same terms as any such proposed sale. 6. The failure of the grantee to insist upon the strict performance of any of the terms, conditions, covenants, or restrictions con- tained herein, shall not be deemed a waiver of any subsequent breach or de- fault in the terms, conditions, covenants or restrictions contained herein. 7. If the whole or any part of the premises shall be condemned or taken by eminent domain, then this agreement shall forthwith cease from the date of title vesting in such proceeding. In such event the grantor shall be required to pay no penalties, nor shall the value of the premises be limited by this easement, nor shaft any part of any award belong to the grantee. 8. The grantee covenants that to the extent legally permissable the valuation placed upon the premises for purposes of real estate taxation will be limited by the restriction of this scenic easement in accordance with Section 247 of the General Municipal Law of the State of New York. 9. All of the covenants, conditions, reservations, re- strictions, easements and provisions of this agreement shall continue and remain in effect until the 31st day of December, 1983, at which time all of the provisions hereof shall be automatically extended for successive periods of one (1) year, unless on or before the 30th day of September, 1983, or 60 days prior to the end of any such extension periods, either party hereto shall by written instrument duly recorded in the Suffolk County Clerk's Office determine to terminate the same. 10. The burden of this easement shall run with the land and shall be binding upon the parties hereto, and their successors and assigis. -4- A � L�SFR FA''L SCHEDULE A ATTACHED TO AND FORMING A PART OF AGREEMENT BETWEEN JOHN B. TUTHILL AND THE TOWN OF SOUTHOLD DATED MAY 30, 1973 All that certain plot, piece or parcel of land situate, lying and being s at Orient, in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: I BEGINNING at a monument set on the northerly line of Main (State) Road about 615 feet westerly of the intersection of the northerly line of Mr: (State ) Road with the westerly line of Youngs Avenue being the southeast(- corner of the premises herein described and the southwesterly corner o' premises now or formerly of-'•eybine; running thence along said norther. . line of Main (State) Road three courses as follows, to wit: (1) North 55 degrees 26 minutes West 180. 0 feet; thence (2) North 56 degrees 22 minutes 50 seconds West -193. 13 feet; the:. (3) North 59 degrees 53 minutes 40 seconds West 133. 3.9 feet to now or formerly of Dorman; running thence along said land of Dorman a-. ' others eight courses as follows, to wit: (1) North 29 degrees 04 minutes East 38. 0 feet; thence (2) North 18 degrees 33 minutes East 50. 37 feet; thence ' (3) North 71 degrees 27 minutes West 7A feet; thence (4) North 2 degrees 36 minutes 30 seconds East 260. 96 feet; the- (5) North 2 degrees 49 minutes 30 seconds East 164. 70 feet; the:- ' (6) North 10 degrees 49 minutes 30 seconds East 60. 72 feet; the'. (7) North 11 degrees 10 minutes 30 seconds West 311. 80 feet; ti-.•_- (8) North 1 degree 55 minutes West 375 feet, more or less, to t~c 9rdinary high water mark of Long Island Sound; thence in a general eas c!-'.V : direction along said ordinary high water mark of Long Island Sound or. 4 tie line course of 64 degrees 58 minutes 50 seconds East 817. 71 feet t M now or formerly of Horne and others; thence along land last mentione, following ten courses, to wit: (1) South 4 degrees 27 minutes 50 seconds East 238. 84 feet, me less; thence (2) South 3 degrees 11 minutes 10 seconds East 262. 92 feet; thc (3) South 3 degrees 18 minutes 50 seconds West 44. 27 feet; them (4) South 18 degrees 56 minutes 50 seconds West 293. 30 feet; tl- (5) South 16 degrees 50 minutes 10 seconds West 300. 65 feet; tl• (6) South 19 degrees 13 minutes 20 seconds West 221. 82 feet; tll, (7) South 12 degrees 45 minutes 40 seconds West 131. 51 feet; tl. ` (8) South 18 degrees 57 minutes 30 seconds West 173. 42 feet; 01 (9) South 56 degrees 16 minutes 40 seconds East 127. 50 feet; th- ' 100) South 27 degrees 43 minutes West 212. 33 feet to a concrete monument at the northerly line of Main (State) Road and the point or p1:1• ' of beginning. i 1 rq 3 77 TOWN OF SOUTHOLD �/ By c'l _ l i ` L 74- c upervisor l John B. Tuthill ',` _ STATE OF NEW YORK) ss. . I COUNTY OF SUFFOLK) tc On the '� day of �c�J 19'7-, before me personally came ALBERT M. MARTOCCHIA, to me known, who, being by me duly sworn, did depose and say that he resides at Seventh Street; that he is the Supervisor of the TOWN OF SOUTHOLD, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed-by order of the board of directors of said corporation and that he signed his name thereto by like order. Notary Pub iYc DDNA -9. ANGELI; h'OT,�BY P!!CLIC• St ,1 1-a Yorg STATE OF NEW YORK) ss. . COUNTY OF SUFFOLK) -tn . On theb`e day of�7 c.-/ 197,�, before me personally came JOHN B. TUTHILL to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public EDNTA R. ANGELL' hOT^"Y PUTLIC. S[al. (I J-1w YOrk k'J'oc-0t�.il7=� STATE OF (_/,_,ue:i ....._:i:.pire,.,.accL•3^,,19�� REAL ESTATE "> TE? lPJSFER TaXYfI�-;'� EW Y0RK o= ti y; DPPt. of 'r� n a finan[e PP.1oP4< -5- ` A U 909es GRANT OF SCENIC AND CONSERVATION EASE THIS INDENTURE made this 30th day of May, 1973, by and between JOHN B. TUTHILL, residing at Main Road (no number), Orient, Town of Southold, Suffolk County, New York, (the "grantor") and the TOWN OF SOUTHOLD, a Municipal Corporation of the State of New York having its office at 16 South Street, Greenport, Suffolk County, New York, (the "grantee"). t� WHEREAS ther grantor is ,the owner of a certain parcel of .land q� consisting of thirty-two (32) acres, more or less, of farm and meadow Y land adjacent to Orient Harbor in the Hamlet of Orient, Town of Southold, 4) Suffolk County, New York, generally bounded northerly by Main State Road; �p easterly by land of Slawski and others; southerly by Orient Harbor, and ' westerly by land formerly of Scheckenbach, said lands being shown and de- lineated on a certain map entitled "Map of Property surveyed for the Estate ` of John Dyer at Orient, Town of Southold, New York" made by Van Tuyl &. �t Son, Licensed Land Surveyor, Greenport, New York, dated November 2 1964 1 �� + , 0 U. CC and more fully described in Schedule A hereunto annexed and made a part hereof, which said lands are hereinafter referred to as the "premises", and WHEREAS, said premises constitute an area of natural scenic beauty and whose existing openness, natural condition, or present state of use, if retained would enhance the present potential value of abutting and surrounding properties and would maintain or enhance the conservation of natural and scenic resources; and WHEREAS, the grantor wishes to grant a scenic and conservation easement to the grantee upon the premises; and WHEREAS, the grantee deems it to be in the public interest to acquire interests or rights in real property for the preservation of open space and areas to preserve the beauty and natural conditions of esti.i.arine areas in UuR 7416 *3 8.0 the To of Southold; and WHEREAS, Section 247 of the General Municipal Law of the State of New York provides that municipalities, including Towns, may acquire the fee or a lesser interest, development .right, easement, covenant or other contractual right in and to real property necessary to achieve the afore- said purposes; and WHEREAS, the grantee, in furtherance of the above policy and in accordance with Section 247 of the General-Municipal Law wishes to accept the scenic and conservation easement hereby proffered by the grantor• and WHEREAS, a public hearing was held by the Town Board of the Town of Southold after due notice thereof, with respect to the terms and conditions embraced herein, at which public hearing all interested persons were given an opportunity to be heard; NOW, THEREFORE, in consideration of ONE( ($1, 00) DOLLAR and other good and valuable consideration paid by the grantee to the grantor the receipt of which is hereby acknowledged, this agreement witnesseth that 1. The grantor does hereby donate, grant, transfer and convey to the Town of Southold, a scenic and conservation easement in gross, of the nature, character and to the extent hereinafter set forth, over• and upon the premises. 2. The nature, character and extent of the easement hereby granted is as follows: (a) No dredging, excavating, or land fill; operations shall be authorized or permitted in or on the premises excepting that the existing dredged channel may be dredged to maintain the entrance to the creek on the premises in substantially the condition in which the same now exists. (b) Except as provided in paragraph 2 (c) no development of any kind shall be ,permitted nor shall any commercial use -2- LIBC� 1416 f-AGt. J61 except agricultural fishing uses be made of the premises including the beach or meadow, or underwater lands adjacent to the premises; (c) Except for the erection and maintenance of a farm vegetable stand, adjacent to the Main State Road and the storage of fishing nets, stakes, . boats and fishing equipment adjacent to the creek entrance at or near Orient Harbor, no buildings or structures shall be placed or erected on the premises. (d) No gravel, sand, peat or other material, except salt hay, thatch, seaweed or drift shall be removed from the premise nor shall any sand, gravel or other materials be placed upon the premises; (e) No roadways or driveways shall be con- structed on the premises except unimproved farm roads; (f) The grantee and its authorized agents shall have the right of inspection of the premises at any and all times during the term hereof. 3. The nature, character and extent of limitations on the within grant of easement are as follows: (a) Notwithstanding the provisions hereof, the premises shall remain at all times in the exclusive possession of the grantor. (b) Ail rights, interests and privileges of the grantor in the premises not herein specifically donated, granted, transferred and conveyed shall remain and reside with the grantor. 4. This agreement may be cancelled by the grantor upon sixty (60) days written notice to the grantee and upon payment to the grantee of a sum equal to three times the difference between the amount of real estate taxes paid or assessed against the premises in the year of such cancellation and the amount of real estate taxes that would be assessed pp against the premises in the year of such cancellation had the premi.s(!s not P' been burdened with the provisions of this instrument both t c omt.�utiec.t in the tax year in which the cancellation shall take place. Upon payment of such sum, the grantee shall execute and deliver to the grantor a release of -3- 00 7416 VE382 . easement instrument in recordable form. 5. In the event that the grantor desires to dispose of the premises, or any part thereof, during the term of this agreement, or any re nevval or extension thereof, by sale the grantor shall give the grantee 30 days notice of such proposed sale and the terms Cher. eof. The grantee shall. have the first option to acquire the premises with`'tAaid thirty (30) day period on the same terms as any such proposed sale. 6. The failure of the grantee to insist upon the strict per formance of any of the terms, conditions, covenants, or restrictions con- twined herein, shall not be deemed a waiver of any subsequent breach or d*-- fault in the terms, conditions, covenants or restrictions contained herein. 7. If the whole or any part of the premises shall be condemned or taken by eminent domain, then this agreement shall forthwith ,cease from the date of title vesting in such proceeding. In such event the grantor shall be required to pay no penalties, nor shall the value of the premises be limited by this easement, nor shall any part of any award belong to the grantee. 8. The grantee covenants that to the extent legally permissable the valuation placed upon the premises for purposes of real estate taxation will be limited by the restriction of this scenic easement in r accordance with Section 247 of the General Municipal T.aw of the State of New York. 9. All the covenants, conditions, reservations, restric- tions, easements and provisions of this agreement shall continue and re- main in effect until the 31st. day of December, 1983, at which time all of the provisions hereof shall be automatically extended for successive periods of one (1) year, unless on or before the 30th day of September, 1983, or 60 days prior to the end of any such extension periods, either party hereto shall by written instrument duly recorded in the Suffolk County Clerk's Office determine to terminate the same. -4- 7416 .383 4 SCHEDULE A ATTACHED TO AND FORMING A PART OF AGREEMENT BETWEEN JOHN B. TUTIIILL AND THE TOWN O.Ti' SOUTITOLI) DATED MAY 30, 1973 All that certain plot, piece or parcel of land situate, lying and being at Orient, in the Town of Southold, County of Suffolk, State of New York, boundE and described as follows: BEGINNING at a concrete monument set on the southerly tine of Main (State) Road at the northeasterly corner of land now or formerly of John Scheckenbach and the northwesterly corner of the premises lierein des- cribed, from said point of beginning running thence along said southerly line of Main (State) Road the following seven courses, to wit: (1) South 80 degrees 44 minutes 40 seconds East 257. 30 feet; thence (2) South 75 degrees 14 minutes 20 seconds East 142. 53 feet; thence (3) South 66 degrees 32 minutes 40 seconds East 104. 15 feet; thence (4) South 61 degrees 42 minutes 30 seconds Fast 118. 64 feet; thence (5) South 59 degrees 50 minutes 00 seconds East 251. 94 feet; thence (6) South 56 degrees 22 minutes 50 seconds East 190. 57 feet; thence (7) South 55 degrees 26 minutes 00 seconds East 88. 31 :feet; thence along land of John B. Tuthill two courses as follows, to wit: (1) South 32 degrees 34 minutes 40 seconds West 200 feet; thence (2) In a southeasterly direction 150 feet, more or less, to a point on the easterly line of land of John B. Tuthill being the westerly line of a pri- vate road at a point along said westerly line of said private road 200 feet South of the southerly line of Main (State) Road; thence running along said westerly line of said private road South 32 degrees 34 minutes 40 seconds West 235. 40 feet; running thence along said southerly terminus )I' said private road and along land now or formerly of Bryant Tabor South 54 de- grees 24 minutes 10 seconds East 178. 36 feet to a concrete monument and land now or formerly of Slawski; thence along 'land last mentioned South 32 degrees 44 minutes 50 seconds West 443. 28 feet to land now or formerly of B. C. Rackett; running thence along land last mentioned North 55 degrees 36 minutes 10 seconds West 316. 19 feet; thence along land last mentioned and along land now or formerly of Eugene McDonnell South 34 degrees 09 minutes 00 seconds West 353. 40 feet to the ordinary high water mark of Orient Harbor; and thence in a westerly direction along said ordinary high water mark of Orient Harbor on a tie line course North'69 degrees 05 minutes 00 seconds West 872. 69 feet to said land now or formerly of Scheckenbach; thence along land last mentioned North 20 degrees 17 minutes 20 seconds East 1268. 00 feet to the southerly line of Main (State) Road and the point or place of beginning. oBER 74% VE 384 n 10. The burden of this easement shall run with the land and shall be binding upon the parties hereto, and their successors and assigns. TOWN OF SOUTHOLD By t Supe r•vi scar C /,;.7,za-1, John B. Tuthill' STATE OF NEW YORK) ss. . COUNTY OF SUFFOLK) On the ,. L' day of 1I1ca• k9fifi, before me personally came ALBERT M. MARTOCCHIA, to me known, who, being by me duly sworn, did depose and say that he resides at 450 Seventh Street; that he is the Supervisor of the TOWN OF SOUTHOLD, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. Notary Public i F,DNA R. A C.V3,1, NOTARY PUBLIC, i';�t, 0 New York C'oraiuit�t,tts:i 1,�al��;r i�ic►ra1�9fA lS►.;�.,� STATE OF NEW YORK) ss. . COUNTY OF SUFFOLK) On the O6 y� day of Way 1971, before me personally came JOHN B. TUTHILL to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public/ I-IONA n. APdCFj,i.; NOTARY PUBLIC, 5tatn of New York R�l�l� ESTATE 4 r - STATE OF � T �NSEF� -,NEW YORK of 0 cil {iiatir,li .�utl{17a t.• it r., & finance r't'�-roaa';h _.. .. .. M. r -5- e ,t • sp uT H 'fin W fA • GRANT OF SCENIC AND CONSERVATION EASEMENT 'i'IIIS INDENTURE made this 30th day of May 1973, by and between JOHN 13. rUTHILL, residing at Main Road (no number), Orient, Town of Southold, Suffolk County, New York, (the "grantor") and the TOWN OF SOUTHOLD, a Municipal Corporation of the State of New York having its office at 16 South Street, Greenport, Suffolk County, New York (the "grantee"). WHEREAS, the grantor is the owner of a certain parcel of land 1 consisting of forty-six (46) acres, more or less, of farm, wood and meadow land located between Route 25 and Hallocks Bay in the Hamlet of Orient, s� 'Town of Southold, Suffolk County, New York, generally bounded northerly w z by Main State Road; easterly by land now or formerly of Peter Brown; Southerly by Ilallock's Bay, and westerly by land now or formerly of s DetnaresL, Said lands being shown and designated on a certain map entitled, "Map of Farm owned by Lydia T. Brown, Julia B. Tuthill and Eva B. Dyer \n, at Orient Point, New York" made by Van Tuyl & Son, Licensed Land U. CC Surveyor, Greenport, New York, dated December 2, 1940, and more fully described in Schedule A annexed hereto and made a part hereof; which said lands are hereinafter referred to as the "premises," and t q L f • Uafx 7416 rxct 387 SCHEDULE "A" ATTACHED TO AND FORMING A PART OF AGREEMENT BETWEEN JOHN B TUTHILL AND THE TOWN OF SOUTHOLD DATED: MAY 30, 1973 veen ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: r BEGINNING at a monument set on the southerly line of llain Road (N. ;Route25) at the northwesterly corner of land now or formerly of Peter Brown and the northeasterly corner of the premises herein described; from T said point of beginning running thence along said land of Peter Brown the following eight courses and distances, to wit: (1) South 30 degrees 26 minutes 10 seconds East, 710. 09 feet to a monument; (2) South 60 degrees 57 minutes 20 seconds Wast, 313. 17 feet to a monument; �dow (3) South 37 degrees 29 minutes 30 seconds.East, 950.22 feet to a monument; (4) Along the edge of a meadow on a tie line course and distance of North 73 degrees 51 minutes 10 seconds East, 419. 37 feet to a monument; ly (5) North 64 degrees 38 minutes East, 95.85 feet to a monument; (6) North 47 degrees 22 minutes East, 247.18 feet to a monument; (7) North 52 degrees 08 minutes 50 seconds East, 298.0 feet to a salt pond; (8) Through said salt pond and across Narrow River Road on a tie line course and distance of South 61 degrees 29 minutes 10 seconds East, 270 :led, feet, mare or less to the ordinary high water marls of Hallocks Bay; running thence in arsouthwesterly direction along said ordinary high water mark of )yer Hallocks' Bay 2000 feet, more or lesq to land now or formerly of Demarest; running thence along land last mentioned and across Narrow River Road the following four courses and distances, to wit: (1) North 37 degrees 27 minutes 50 seconds West, 1368 feet, more or ally less; (2) North 37 degrees 05 minutes 20 seconds East, 320.48 feel; said (3) North 33 degrees 57 minutes 30 seconds West, 494. 56 feet; (4) North 43 degrees 25 minutes 20 seconds West, 1272.43 feet to said southerly line of Main Road; running thence along said southerly line of Main Road, North 60 degrees 10 minutes 40 seconds East, 243.69 feet to land now or formerly of Sibyl T. Young; running thence along land last mentioned the following three courses and distances, to wit: (1) South 35 degrees 10 minutes East, 162.16 feet; (2) North 58 degrees 28 minutes East, 133. 60 feet; (3) North 34 degrees 48 minutes West, 155,28 feet to said southerly line of Main Road; running'thence along said southerly line of Main Road on a tie line course and distance of North 67 degrees 19 minutes 30 seconds East, 367.48 feet to said land of Peter Brown and the point or place of beginning. EXCEPTING, however, from the above described premises, so much thereof as lies within the boundaries of Narrow River Road. b f � � 4 WHEREAS, said premises constitute an area of natural scenic beauty 1. resent state of use, if �+.. and whose existing openness, natural condition, or p VIA present potential value of abutting and sur- retained would enhance the rounding properties and would maintain or enhance the conservation of natural and scenic resources; and WHEREAS, the grantor wishes-to grant a scenic and conservation easement to the grantee upon the premises; and WHEREAS, the grantee deems it to be in the public interest to acquire � 1 41,REAL E$ Ty i , as .. ElA$w�T'T'r��•T�`` Ff -�.t-r�.�a .fir. ��r'. ,.F . { T v� '3 ttatR 7416 389 interests or rights in real property for the preservation of open space and areas to preserve the beauty and natural conditions of estuarine areas in the Town of Southold; and WHEREAS, Section 247 of the General Municipal Law of the State of New York provides that municipalities, including Towns, may acquire the �.: fee or a lesser interest, development-right, easement, covenant or other contractual right in and to real property necessary to achieve the aforesaid ,e purposes; and WHEREAS, the grantee, in furtherance of the above policy and in �. accordance with Section 247 of the General Municipal Law wishes to accept the scenic and conservation easement hereby proffered by the grantor, and WHEREAS, a public hearing was held by the Town Board of the Town of Southold after due notice thereof, with respect to the terms and conditions { embraced herein, at which public hearing all interested parties were given an opportunity to be heard; NOW, THEREFORE, in consideration of ONE (•�1.00) DOLLAR and other good and valuable consideration paid by the grantee to the grantor the receipt of which is hereby acknowledged, this agreement witnesseth that: 1. The grantor does hereby donate, grant, transfer and convey to the Town of Southold, a scenic and conservation easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the premises. 2. The nature, character and extent of the easement hereby granted is as follows: (a) No dredging, excavating, or land fill operations shall be authorized or permitted in or on the premises, except as required for agricultural purposes. (b) Except as provided in paragraph 2 (c) no develop -2- tt9ir 7416 eA+_t 390 ment of any kind shall be permitted nor shall any commercial use except agricultural and fishing uses be made of the premises including the beaches or rneadow, or underwater lands adjacent to the premises; ( ) Except for the erection and maintenance of a farm vegetable stand, adjacent to the Main State Road and the storage of fishing nets, stakes, boats and fishing equipment adjacent to Hallocks Bay, no buildings a or structures shall be placed or erected on the premises. (d) No gravel, sand, peat or other material, except salt hay, thatch, seawood or drift shall be removed from the premises nor shall any sand, gravel or other materials be placed upon the premises; (e) No roadways or driveways shall be constructed on the premises except unimproved farm roads; (f) The grantee and its authorized agents shall have the right of inspection of the premises at any and all times during the term hereof. 3. The nature, character and extent of limitations on the.•within grant of easement are as follows: (a) Notwithstanding the provisions hereof, the premises shall remain at all times in the exclusive possession of the grantor. (b) All rights, interests and privileges of the grantor in the premises not herein specifically donated, granted, transferred and conveyed shall remain and reside with the grantor. 4. This agreement may be cancelled by the grantor upon sixty (60) days written notice to the grantee and upon payment to the grantee of a sum equal to three times the difference between the amount of real estate taxes paid or assessed against the premises in the year of such cancellation and the amount of real estate taxes that would be assessed against the premises in the year of such cancellation had the premises not been burdened with the provisions of this instrument, both computed in the tax year in which the -3- � �J 7416 391. cancellation shall take place. Upon payment of such sum, the grantee shall 4, execute and deliver to the grantor a release of easement instrument, in i j recordable form. as 5. In the event that the grantor desires to dispose of the premises, or any part thereof, during the term of this agreement, or any renewal or able r extension thereof, by sale the grantor shall give the grantee 30 clays notice of such proposed sale and the terms thereof. The grantee shall have the ;s first option to acquire the premises within said thirty (.110� day period on the same terms as any such proposed sale. Y, 6. The failure of the grantee to insist upon the strict performance of 1y any of the terms, conditions, covenants, or restrictions contained herein, O�e�AV�t shall not be deemed a waiver of any subsequent breach or Sit in the terms, conditions, covenants or restrictions contained herein. 7. If the whole or any part of the premises shall be condemned or taken ht by eminent domain, then this agreement shall forthwith cease from the date . of title vesting in such proceeding. In such event the grantor shall be re- .nt quired to pay no penalties, nor shall the value of the premises be limited by this easement, nor shall any part of any award belong to the grantee. tall B. The grantee covenants that to the extent legally pern-,issabte, the valuation placed upon the premises for purposes of real estate taxation will to be limited by the restriction of this scenic easement in accordance with eyed ' Section 247 of the General Municipal Law of the State of New Fork. 9. All the covenants, conditions, reservations, restrictions, easements days and provisions of this agreement shall continue and remain in effect until qu al the 31st.`day of December, 1983, at which time all of the provisions hereof id or shall be automatically extended for successive periods of one (1) year, unless on or before the 30th day of September, 1983,A 60 days prior to the > in end of any such extension period, either party hereto shall by written he -4- te a f II uet�7416 MACE 392 t instrument duly recorded in the Suffolk County Clerk's Office determine to terminate the same. 10. The burden of this easement shall run with the land and shall be binding upon the parties hereto, and their successors and assigns. THE TOWN OF SOUTHOLD ! , By Supervisor John . Tuthill STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) d On the-3� day of 1973, beofre me personally came ALBERT M. MARTOCCIIIA, to me known, who, being by me duly sworn, did depose and say that he resides at 450 Seventh Street; that he is the Supervisor of the TOWN OF SOUTHOLD, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; and that it was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. "e Notary Pt}blic '' ' EDNA R.ANGELL STATE OF NEW YORK) NOTARY Fu tic, Ncn York #I.i 7 77 K2S corm i,.; .. :.;,::..........JO,19..7s COUNTY OF SUFFOLK) ss. : On the ' day of T//«<� 1973, before me personally came JOHN B. TUTHILL, to me known to be the individual described in and who executed m the foregoing instrument, and acknowledged that he executed the same. Notary Pu Ic EDNA R.AN'rFt L NOTARY F;C!'C - r .,Yolk \J` -5- m W i � W i CD 46 -3 ?-Z .RECORDED 07 J:,,TE H..ALuERTSON ;LEER OF F'FOLF, COUNTY JOHN B. TUTHILL with TOWN OF SOUTHOLD GRANT OF SCENIC AND CONSERVATION EASEMENT NORTH 13Z0 W tJ . �'G-PM 1G �Q��ivV1RMt GRANT OF SCENIC AND CONSERVATION EASED THIS INDENTURE made this 27th day of December ,19 85 by and between JOHN B. TUTHILL, residing at Main Road (no number) , Orient, Town of Southold, Suffolk County, New York (the "grantor") and the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its principal office at 53095 Main Road, Southold, Suffolk County, New York (the "gran eel') . WHEREAS, the grantor is the owner of a certain pa cel of land consisting of twenty-nine' (29) . acres , more or less, containing woodland, farmland and` Long Island Sound beach located at Orient, in the Town of Southold, Suffolk County, New York, generally bounded northerly by Long Island Sound; easterly by land of Droskoski and others; southerly by land of Glover and Main (NY Route 25) Road; and westerly by land of Marcus and others , said lands being shown and delineated on a certain map entitled, "Map of Land surveyed for Lawrence Dorman, Joseph Townsend and others at Orient, New York" made by Van Tuyl & Son, Licensed Land Surveyors, Greenport, New York, dated May 12 , 1983 , amended August 26 , 1983 , and amended October 16, 1985 , to show the grantor' s land, said lands being more fully described in Schedule A hereunto annexed and made a part hereof, which said lands are hereinafter referred to as the "premises" , and WHEREAS, said premises constitute an area of natural scenic beauty whose existing openness, natural condition, or present state of use, if retained, would enhance the present and future value of abutting and surrounding properties and would maintain or enhance the conservation of natural and scenic resources of the Town of Southold, and WHEREAS, the grantor wishes to grant a scenic and conservation easement to the grantee upon the premises , and WHEREAS, the grantee deems it to be in the public interest to acquire interests or rights in real property for the preservation of farmland and woodland areas in the Town of Southold, and 6 OF 'r WHEREAS , Section 247 of the General Municipal Law of the State of New York provides that municipalities, including towns, may acquire the fee or a lesser interest, development right, easement, covenant or other contractual right in and to real property necessary to achieve the aforesaid purposes , and WHEREAS , the' grantee, in furtherance of the above policy and in` accordance with §247 of the General Municipal Law wishes to accept a scenic and conservation easement hereby proffered by the grantor, and WHEREAS, a public hearing was held by the town board of the Town of Southold after due notice thereof, with respect to the terms and conditions embraced herein, at which public hearing all interested persons were given an opportunity to be heard; NOW, THEREFORE , in consideration of One ($1 . 00) Dollar and other good and valuable considerations paid by the grantee to the grantor, the receipt of which is hereby acknowledged, this agreement witnesseth that: 1 . The grantor does hereby donate, transfer and convey to the Town of Southold, a scenic and conservation easement in gross, of the nature, character and to the extent hereinafter set forth , over, in and upon the premises . 2 . The nature, character and extent of the easement hereby granted is as follows: (a) No dredging, excavating or land filling operations shall be authorized or permitted in or on the premises. (b) Except as provided in paragraph 2 (c) , no development of any kind shall be permitted nor shall any commercial use, except agricultural uses, be permitted in or on the premises, including any beaches or underwater lands in, on or adjacent to the premises . (c) Except for the maintenance of the existing buildings and structures on the premises , no buildings or structures shall be placed or erected on the premises. . (d) No sand, gravel , peat or other material , except salt hay, thatch, seaweed, drift, or dead or deseased trees or vegetation shall be removed from the premises , nor shall any sand, gravel or other materials be placed in or upon the premises. (e) No roadways or driveways shall be constructed on the premises, except unimproved farm roads. (f) The grantee and its authorized agents shall have the right to inspect the premises at any time to ascertain compliance with the terms and conditions hereof. 3 . That the nature, character and extent of the limitations on the within grant of easement are as follows: (a) Notwithstanding the provisions hereof, the premises shall at all times remain in the exclusive possession of the grantor. (b) All rights, interests and privileges of the grantor in the premises not herein specifically donated, granted, transferred and conveyed shall remain and reside with the grantor. 4. That for a term of eight (8) years from the date hereof , and any extensions thereof, the grantor and his successors and assigns covenant and agree as follows: (a) That those portions of the premises presently used for the production of agricultural crops shall be used solely for such purposes during the term hereof, and any extensions thereof. (b) That the remainder of the premises shall be maintained in their natural state during the term hereof, and any extensions thereof. 5. That in order to entitle the premises to a continuing reduction in assessed valuation for real property tax purposes, the grantor shall , prior to the taxable status date in each year, file a written statement with the Southold Town Board -of Assessors wherein the grantor commits the premises to the uses set forth in paragraph 4 hereof for an additional year. -3- y 6 . That in the event that the grantor or his successors or assigns fails or elects not to file the annual statement pursuant to paragraph 5 hereof , then and in that event the premises shall not thereafter be entitled to a reduction in assessed valuation to which it was granted by reason of the restrictions imposed pursuant to the terms and conditions of this agreement. 7 . That in the event that the grantor or his successors or ` assigns, during the term hereof or any extension thereof, converts the use of the premises , or any part thereof , to any use other than the uses set forth in paragraph 4 hereof, such conversion shall constitute a breach of the terms and conditions of this agreement and shall disqualify all of the premises from thereafter being entitled to a reduction in assessed valuation by reason of the restrictions imposed upon the premises pursuant to the terms and conditions of this agreement. Such breach of committment shall also subject the premises to a charge as compensation for prior tax benefits conferred, which charge shall be equal to two times the taxes determined in the year following such breach of committment, which charge shall be added by the town board of assessors to the real property taxes determined for that year, and when levied shall become a tax lien on the premises . 8 . That in the event that the grantor or his successors or assigns desires to dispose of the premises , or any part thereof, during the term of this agreement, or any extension thereof, by sale, the grantor or his successors or assigns shall give the grantee thirty (30) days written notice of such sale and the terms thereof. The grantee shall have the first option to , acquire the premises within said thirty (30) day period on the same terms as any such proposed sale. 9 . That the failure of the grantee to insist upon the strict performance of any of the terms , conditions, covenants or restrictions contained herein, shall not be deemed a waiver of any subsequent breach or default in the terms , conditions, covenants or restrictions contained herein. -4- 0 10 . That in the event that the whole or any part of the premises is taken by eminent domain, then this agreement shall forthwith cease from the date of title vesting in such proceeding. In such event, the grantor shall not be required to pay any penalties or charges hereunder, nor shall the value of the premises be limited by the provisions of this agreement, nor shall any part of any award belong to the grantee. 11 . That the grantee covenants that to the extent legally permissible, the valuation placed upon the premises for purposes of real property taxes will be limited by the restrictions of the scenic and conservation easement imposed by this agreement in accordance with the provisions of §247 of the General Municipal Law of the State of New York. 12 . That this agreement and all of the terms and conditions contained herein shall apply to and bind the distributees, heirs , executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. Sohn B. Tuthill , Grantor TO OUT D Sup v' Grantee i STATE OF NEW YORK, COUNTY OF SUFFOLK ss. : On this - day of ��; �o,i , 19 6 before me personally came JOHN B. TUTHILL, to me known to be the individual described in and who executed the foregoing instriment, and acknowledged that he executed the same. JUDITH T.TERRY - Notary Public,State of New York Notary Public No.52-0344963 Suffolk Counlr commission Expires March 30.19 STATE NEW YORK, COUNTY OF SUFFOLK ss. : On this 27th day of December 19$5_, before me personally came FRANCIS J. MURPHY , to me known, who, being by me duly sworn, did depose and say that he resides at Old Main Road, (no Number) , Laurel , New York; that he is the Supervisor of the Town of Southold, the municipal corporation described in and which executed the foregoing instrument, that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Town Board of the Town of Southold, and that he signed his name thereto by like order. Notary Public JUDITH T.TERRY Notary Public,State of New York No. 52-0344963 Suffolk Coin Commirsion Expires March 30,18 -6- SCHEDULE A ATTACHED TO AND FORMING PART OF AGREEMENT BETWEEN JOHN B. TUTHILL AND THE TOWN OF SOUTHOLD DATED DECEMBER 27, 1985 All that certain plot, piece or parcel of land situate, lying and being at Orient, in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a monument set on the curved Northerly line of Main ' (State) Road at the Southeasterly corner of the premises herein described and running thence Westerly along said curved Northerly line 185 feet, mor or less, as measured by a tie line S 69 degrees 08 minutes 40 seconds West 185.0 feet to land now or formerly of Glover; running thence along said land of Glover 3 courses as follows, to wit: North 28 degrees 50 minutes 30 seconds West 196 feet, thence South 53 degrees 27 minutes 10 seconds West 129 feet, thence South 24 degrees 48 minutes 50 seconds East 168 feet to said curved Northerly line of the Main (State) Road, thence Westerly along said curved Northerly line, 179 feet, more or less, as measured by a tie line South 61 degrees 48 minutes 40 seconds 'Jest 153. 36 feet to a 25 foot strip or future road of Dorman and others, running thence along said land of Dorman and others 4 courses as follows, to wit: North 46 degrees 56 minutes 10 seconds West 1632.81 feet, thence North 47 degrees 35 minutes 40 seconds West 114.95 feet, thence South 59 degrees 50 minutes 20 seconds West 53.22 feet, thence North 36 degrees 52 minutes 30 seconds West 1015 feet more or less to the ordinary high water mark of Long Island Sound; thence in a general easterly direction along said ordinary high water mark of Long Island Sound 425 feet to land now or formerly of Hamburger and others, thence along land last mentioned the following 2 courses, to wit: South 46 degrees 16 minutes 10 seconds East 1211.25 feet, thence South 45 degrees 33 minutes 00 seconds East 1546.62 feet to a concrete monument at the Northerly line of Main (State) Road and the point or place of beginning. - 5 - s WNW-- RESOLUTION OF THE SOUTHOLD TOWN BOARD - December 27, 1985 WHEREAS, John B. Tuthill has heretofore submitted to this Board a proposed agreement wherein the said John B. Tuthill proposes to grant to the Town of Southold a Scenic and Conservaton Easement on property owned by him and located at Orient, New York, and WHEREAS, the Town Attorney has approved said agreement, and WHEREAS, a public hearing was held by this Board with respect to the grant of such easement pursuant to Section 247 of the General Municipal Law, and WHEREAS, this Board believes that it is in the public interest to accept a grant of easement as proposed in said agreement. NOW, THEREFORE, BE IT RESOLVED that this Board does hereby accept the grant of a Scenic and Conservation Easement affecting the real property set forth in the aforesaid agreement of John B. Tuthill of the nature, character and extend and subnect to the terms and conditions of said agreement, and IT IS FURTHER RESOLVED that the Supervisor be and he hereby is author- ized and directed to execute said agreement on behalf of the Town of Southold and cause said agreement to be recorded in the Suffolk County Clerk's Office. 67_ Town of Southold,NY Monday,June 23,2ot4 Chapter 280. ZONING Article II. Districts , § 280-9. Lot recognition. • [Added 11-28-1995 by LL1No.23-1995;amended 7-22-1997 by LL No.=-,i997] A.A lot created by deed or Town approval shall be recognized by the Town if any one of the following standards apply and if the lots have not merged: (1) The identical lot was created by deed recorded in the Suffolk County Clerk's office on or before June 30,1983,and the lot conformed to the minimum lot requirement(s) set forth in Bulk Schedule AA Editor's Note.Bulk Schedule AA is located a the end of this chapter as of the date of lot creation. (2)The lot(s) in question is/are approved by the Southold Town Planning Board. (3)The lot(s) in question is/are shown on a subdivision map approved by the Southold Town Board prior to June 30,1983- (4)The lot(s) in question is/are approved and/or recognized by formal action of the Board of Appeals prior to June 30,1983. B.All lots which are not recognized by the Town pursuant to the above section shall not receive any building permits or other development entitlements. C. All lots are subject to the merger provisions of§280-i0. TUT a 4,?�� 'FORM 581 N. Y. DEED—Full Co nt with Lien Covenant Tutu T y (Laws of 1917, Chap. 681, tort' Form A, Chap. 827 awe f 992) • �U h de the f o da October .Nineteen Hundred and y Fifty-six fthlifflt JOHN D. DYER, residing on the Main Road, (no number)at e t, inn .the"Town; of Southold', luf'fcdlk County, New York, (widower) , part y of the first part, and JOHN B. TUTHILL, residing at No. 1002 Riverside Drive, Old Hickory, Ten:nesee, 41 .. .4 o � part y of the second part, Mihits0ththat the part y of the first part, in consideration of TEN Dollars lawful money of the United States, and other valuable consideration paid by the part y of the second part, does hereby grant and release unto the part y of the second part, his distributees and assi_gns forever, all that certain lot, piece or parc 1 of land, with the buildings and improvements thereon, situate , lying and being at Oriext, . in the Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at the point in the northerly line of the Main Read, where said northerly line of the Main Road is intersected by the westerly line of land of Reybins, and which said point is _about 615 fee westerly from Youngs Avenue, and which said point is marked by a monument; thence running North. 55 degrees 26 minutes Vest along the northerly line of the Main Road '180 feet' to a point; running thence North 56 degrees 22 minutes 50 seconds West and still along the northerly line of the Main Road 193.13 feet to a point; running thence North 59 degrees 53 minutes 40 seconds West and still along the northerly line of the Main Road 133,39 feet to a paint where the northerly line of the Main Road is intersected ley the easterly line of land of Jane Dorman, whiak said point is marked by an iron pips'; running thence Nortli`429 degrees 04 minutes East along the said easterly lilts of land of Jame Dorman 38%0 feet to a point; running thence North. 18 degrees 33 minutes East and still along the said, easterly line of land of Jane Dorman 50.37 feet to a point; running thence North 71 degrees 27 minutes West along said Dormann's land 7.0 feet to a point; running thence North 2 degrees 36 minutes 30 seconds East and along said easterly line of land of Jane Darman 260.96 feet to a point; running thence North 2 degrees 49 �d nutes 30 seconds East and along the easterly line of land of Stuart Dorman 164.70 feet to a point; running thence North 10 degrees 49 minutes 30 seconds East and still along the said easterly line of land of Stuart Dorman 60.72 feet to a point; running thence North 11 degrees 10 minutes 30 seconds West and still along the said easterly line of land of Stuart Dorman and through a section of Munn Lake 311.80 feet to a paint ; running thence North 1 degree 55 minutes West (first) along the easterly line of Alma Knox, and still through a section of Munn Lake (then) along the easterly line or land of Dorman 375 feet to a point where the ordinary high water mark of Long Island Sound is inter- sected by the said easterly line of land of Dorman; running thence in an easterly direction along the ordinary high water mark of Long Island Sound to a point where said ordinary high water mark of Long Island Sound is intersected by the westerly line of land of Horne & others, and which said point measured on, a course running North 64 degrees 58 minutes 50 seconds East from the aforesaid point of inter- seetion of the easterly line of land of-Dorman with the ordinary high water mark of Long Island Sound it',817- 71r�feets distaht..therefrom• running thence South 4 degrees 27 minutes 50 seconds East (first; along the said westerly ld:ne of land of Horne & others (then) along the westerly lime of land .of Duel 238.84 feet to a point; running thence South 3 degrees 11 minutes 10 seconds East. along the westerly line of land of Duel and the westerly line of other land of Horne & others and through Little Muna, Lake 262.92 feet to a point; running thence South 3 degrees 18 .minutes 50 seconds West and still along said westerly line of other land of Horne & others 44.27 feet to a point marked by a monument; running thence South 18 degrees 56 minutes 50 seconds West and (first) still along said westerly line of land of Horne & others (then) along the westerly line of land of Latham 293.36"feet to a point• running thence South 16 degrees 50 minutes 10 seconds West (first3 along the said westerly line of land of Latham (theft) along the westerly line of land of. Horne 300.65 feet to a point marked by a monument; running thence South 19 degrees 13 minutes 20 seconds West and still along the said westerly lime of land of Herne 221.82 feet to a point marked by a monument; running thence South 12 degrees 45 minutes 40 seconds West along the westerly line of land of Reybine 131.51 feet to a point; running thence South 18 degrees 57 minutes 30 seconds West and still along the westerly line of land of. Reybine 173.42 feet to a point marked by a monument; running thence Bout 56 degrees 16 minuteA 40 seconds East and along the southerly line of said land of Reybine 127.50 feet to a point marked by a monument; runnin thence South 27 degrees 43 minutes West and along the westerly lime of said land of Reybine 212.33 feet to the point or place of beginning,com- prising an area of 21. 1 acres (inc. lakes.) . TOGETHER with all the right, title and interest of the party of the first part, if any, of,in and to land lying in the Main Road, immediately adjacent to said premises , to the center line thereof. TOGETHER with all the right, title and interest of the party of the first part, if any, to land lying under the waters of Long Island Sound adjacent to said premises. • tmW_l pA Ztr with the appurtenances and all the estate and rights of the part y of the first part in and to said premises, At ,Aft 311 U 1101A the premises herein granted unto the part y of the second part, his, _distributees and assigns forever. said party of the first part covenants as follows: trot. That said party of the first part is seized of said premises in fee simple, and has good ri�ght to convey the same; ,$WM . That the part y of the second part shall quietly enjoy the said premises; tA That the said premises are free from incumbrances; A101arth. That the part y of the first part will execute or procure any further necessary assurance of the title to said premises; AAA91. That said party of the first part will forever ��r1" t�� the title to said premises. ixik- That the grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. the part y of the first part ha s hereunto set his hand and seal the day and year first above written. �itpre!enrr of r r � { �Ll 1 �1 ii Tottitty of Suffolk of On this ! day of October Nineteen Hundred and Fifty-six before me, the subscriber, personally appeared - - - - - - - - - JOHND, DYER - - - - - - - - - - - - to me personally known -and known to me to be the same person described in and who executed the within Instrument, and he duly acknowledged to one that he executed the sa e JOHN D. HALLOCK Notary Public in the State of Now Taft Residing is Suffolk County at the time of appoiotmeM Suffolk County Clerk's No.j %-6 y y of o 0 Commission expires March 30, 19•SS` RECoR © E0 OCT '19 19/F�1 NORMAN E. KLDPP irk of �u#�olk GAY f-L OCT C SU Rik OF ; 4UrY Ot • W _ .. . �\ q a a I'i C o 0 X 9 f ® w A l Z z Oz l=1 l O Q A q W •` A i, w 0 FORM 555 N. Y. DEED-BARGAIN AND SALE TUTBLANX REGISTERED US.PA'i.OFFICE (laws of 1917,Oh#,Statutory Form B ) TuWe La w Print PubAshers.Rul/and,{2 ® �ok Tt4 (�(ZovJ� oWe�g_0 41 410rW `I �U q2� Made the � � � day of August -- Sixty-one, VIf -tp1t JULIA B. TUTHILL, residing on Main Road (no number) in Orient, in the Town of Southold , Suffolk County, New York, part y of the first part, and JOHN B. TUTHILL , 'residing on Skippers Lane (no number) in Orient, in the Town of Southold, Suffolk County, New York, part y of the second part, o that the party of the first part, in consideration of Ten Dollars lawful money of the United States, and other good and valuable consideration paid by the part y of the second part, does hereby grant and release unto the part y of the second part, his distributees and assigns forever, all of the right, title and interes of the party of the first part, of, in and to the following described Parcels of land, situate, lying and being at Orient, in the Town of Southold, Suffolk County, State of New York, bounded and described as follows: PARCEL NO. 1 BEGINNING at a point in the northerly line of the Main Road, where the said northerly line of the Main Road is intersected by the easterly line of lands now or formerly of the Wm. H. Youngs Estate; running thence North 46 degrees 56 minutes 10 seconds West along the said easterly line of lands now or formerly of the Wm. H. Youngs Estate 1624 18 feet to a point; thence running North 52 degrees 35 minutes 30 seconds East along the southerly line of lands of the Dorman Estate, Tuthill an Dyer 512.24 feet to a point in the westerly line of lands now or formerly of Luce; thence running South 46 degrees 16 minutes 10 seconds East alOrLg the said westerly line of lands now or formerly of Luce 186.25 feet to a point; thence running South 45 degrees 33 minutes 00 seconds East along the westerly line of lands now or formerly of Droskoski 1546.62 feet to a point in the northerly line of the Main Road; thence running westerly on a curve along the said northerly line of the Main Road to a point South 69 degrees 08 minutes 40 seconds West 185.0 feet there- from which said point marks the point of intersection of the easterly line of land now or formerly of Edwin C. Ryder with the said northerly line of the Main Road; thence running North 28 degrees 50 minutes 30 seconds West along the said easterly line of land now or formerly of Ed in C. Ryder 196.0 feet to a point; thence running South 53 degrees 27 minu es 10 seconds West along the northerly line of said land now or formerly of Edwin C. Ryder to a point; thence running South 24 degrees 48 minute 50 seconds East along the westerly line of said land now or formerly of Edwin C. Ryder 168.0 feet to a point in the northerly line of the Alain Road; thence running westerly on a curve along the said northerly line of the Main Road to a point South 61 degrees 48 minutes 40 seconds West 179.76 feat therefrom, the point or place of beginning. Comprising an area of 8.16,lacres be the same more or less. � Together wf�h all the right, title and interest, if any, of the party of the first part of, in and to land lying in the Main Road adjac nt to said premises tothe center line thereof. PARCEL NO. 2 BEGINNING at a point in the southerly line of the Main Aoad , where' the said southerly line of the Main Road is intersected by the westerly line of lands now or formerly of Peter Brown, which said point is marked by a monument; running thence South 30 degrees 26 minutes 10 seconds East along the said westerly line of .lands now or formerly of Peter Brow 710.09 feet to a point marked by a monument; thence running South 60 degrees 57 minutes 20 seconds West and still along said lands now or formerly of Peter Brown 313.17 feet to a point marked by a monument; thence running South 37 degrees 29 minutes 30 seconds East and still along said lands now or formerly of Peter Brown 950.22 feet to a point marked by a monument; thence running on ,a curving line easterly and northerly and still along. said lands now or formerly of Peter Brown along the boundary line between upland and meadow to a point marked by a monument and which said point is North 73 degrees 51 minutes 10 second East 419.37 . feet from the point marked by a monument next bw=* mention d thence running,-;North 64 degrees 38 minutes East and still along said lan s now or formerly-of Peter Brown 95.85 feet to a point marked by a monument; thence running North 47 degrees 22 minutes East and still along said lands now or formerly of Peter Brown 247.18 feet to a point marked by a monument;- thence running North 52 degrees 08 minutes 50 seconds East and still along said. lands now or formerly of Peter Brown and through a poin marked by a monument 298.0 feet to a point in a salt pond; thence running South 61 degrees 29 minutes 10 seconds East through said salt pond 220.1 feet to a point in the northerly line of a road called Narrow River Road thence running South 38 degrees 08 minutes 50 seconds West along the sai northerly line of Narrow River Road 200 feet to a point; thence running South 18 degrees 58 minutes 50 seconds West and still along said northerly line of Narrow River Road 1453.04 feet to a point; thence running South 35 degrees 28 minutes 50 seconds West and still along said northerly line of Narrow River Road 266.66 feet to a point where said northerly line of Narrow River Road is intersected by the easterly line of- lands , now or formerly of Louis Young; thence running North 37 degrees 27 minutes 50 seconds West along said easterly line of lands now or formerly of Louis Young 1191.86 feet to a point; thence running North 37 degrees 05 minutes 20 seconds East and still along said lands now or Iformerly of Louis Young 320.48 feet to a point; thence running North 33 degrees 57 minutes c30 seconds West and still along said lands now or formerly of Louis Young 494.56 feet to a point; thence running North 43 degrees_25 minutes 20 seconds West and still along said lands now or formerly of Louis Young 1272:43 feet to a point in the southerly line of the Main Road; thence running North 60 degrees 10 minutes 40 seconds East along the said southerly line of the Main Road 243.69 feet to the point of intersection of the westerly line of land now or formerly of Sybil T. Young with the said southerly line of the Main Road; thence running South 35 degrees 10 minutes East along the westerly line of said land now or formerly of Sybil T. Young 162.16 feet to a point; thence running North 58 degrees 28 minutes East along the southerly line of said land now or formerly of Sybil T. Young 133.60 feet to a point; thence running North 34 degrees 48 minutes Nest along the easterly line of said land now or formerly of Sybil T. Young 155.28 feet to a point in the southerly line of the Main Road; thence running easterly on a curve along the said southerly line of the Main Road to a point North 67 degrees 19 minutes 30 seconds East 367.48 feet therefrom, the point or place of beginning. Comprising an area of 42;468 acres be the same more or less. Together with all the right, title and interest, if any, of the party of the first part of, in and to land lying in the Main Road and in Narrow River Road, adjacent to said premises to the center lines thereof , respectively, and to land under the waters of the salt pond within said bounds. SUBJECT to any and all existing rights of way over or upon said premises. PARCEL NO. 3 BEGINNING at a point in the southerly line of Narrow River Road where the said southerly line of Narrow River Road is intersected by the easterly line of lands now or formerly of Louis Young; running thence North 35 degrees 28 minutes 50 seconds East along the said southerly line of Narrow River Road 289.03 feet to a point marked by a monument; thence running North 18 degrees 58 minutes 50 seconds East and still along the said southerly line of Narrow River Road 1451.84 feet to a point marked by a monument; thence running North 38 degrees 08 minutes 50 seconds East and still along the said southerly line of Narrow River Road 190.0 feet, more or less, to the Bay or Creek; thence running southerly and westerly along the said Bay or Creek as the same winds and turns to a point where the said Bay or Creek is intersected by the easterly line of lands now or formerly of Louis Young; thence running North 37 degrees 27 minutes 50 seconds West along said easterly line of lands now or formerly of Louis Young 127.0 feet, more or less , to the point or place of beginning. Comprising an area of 3.6 acres be the same more or less. Together with all the right, title and interest, if any, of the party of the first part of, in ana to Tana lying in Barrow niver nuaa adjacent to said pises to the center line tgftreof; and to land under ' the waters of the Woresaid Bay or Creek adjadWt to said premises. SAID above described Three Parcels are SUBJECT nevertheless to the zoning-- ordinances of the Town of Southold affecting said premises. �l.lt p with the appurtenances and all the estate and rights of the part y of the first part inv and to said premises, C0 C 30 fV 402 the premises herein granted unto the part y of the second part, his d i s t r ib ut e e s and assigns forever. It illO M41MOfo the part y of the first part ha s hereunto set her hand and seat the day and year first above written. '!httprP-4encr of { /f ( ll 0, F Mate o rW nor (6IIuntg of Suffolk it f On this day of .August Nineteen Hundred and Sixty-one before me, the subscriber, personally appeared - - - - - - - - - JULIA B. TUTHILL - - - - - - - - - - to me personally known and known to me to be the same person described in and who executed the within Instrument, and she duly acknowled_'ed to me that s he executed the same q'L.:�b kjj" on DE RXLAXX PWIC n bW&g In Malk County at the tln so W Suffolk County Clark's No.J L— CommYss4n wipir!e Mvah A, Ilk y ` W V N r W � C,\ pY (xr+ ~ C a I"I a M z H rx-t Q x t W A E a Z � w y Z H A a o Ld a m 0 W 'Z o .co FORM 555 N. Y. ULt_Lj_t3ANUAIN ANU SALL 1U1OLANA REGISTERED U.S.PATOFFICE (LAWS of 1917,ch f 1,Statutory Form B ) • Tu>Ne Law Print Pub/fishers,RallandV1 4 Ko i_-T H a 3 �37 a� 1431 k Made the 31 day of August ✓Y L/GvUGG/G 12 Lurcure ai ana Sixty-one Vdwrtlt JULIA B. TUTHILL, residing on Main Road (no number) in Orient, in the Town of Southold, Suffolk CourLty, New York, part y of the first part, and JOHN B. TUTHILL, residing on Skippers Lane (no number) in Orient, in the Town of Southold, Suffolk County, New York, part y of the second part, Witnifor o that the part y of the first part, in consideration of Ten Dollar s 1 10.- ) lawful money of the United States, and other good and valuable consideration paid by the part y of the second part, does hereby ffrant and release unto the part y of the second part, his distributees and assiffns forever, all of the right, title and interest of the party of the first part of, in and to all that certain tract or parcel of land, situate, lying and being at Orient, in the Town of Southold, Suffolk County, State of New York, bounded and descri ed as follows: BEGINNING at a point where Long Island Sound is intersected by the easterly line of lands now or formerly of George L. Edwards, which said point marks the most northwesterly corner of the premises herein descri ed running thence easterly along Long Island Soundfas. the' saihe'.Winds and turns, approximately a distance of 854 feet, be the same more or less, to a point where said Long Island Sound is intersected by the westerly line of lands now or formerly of the Queens, Nassau & Suffolk Realty Company; thence running South 46 degrees 16 minutes East along the said westerly line of lands now or formerly of the Queens, Nassau & Suffolk Realty Company 1021.8 feet, more or less, to a point which marks the intersection of the said westerly line of lands now or formerly of the Queens, Nassau & Suffolk Realty Company with the northerly line of land of the party of the first part and John D. Dyer, the interest of the party of the first part in which is this day being conveyed to the part of the second part by seperate deed therefor; thence running South 52 degrees 36 minutes West and along the said northerly line of lands of the party of the first part and John D. Dyer 512.2 feet to a point; thence running North 47 degrees 36 minutes West 96.5 feet to a point; thence running South 59 degrees 50 minutes West and through a point marked by a monument 472.0 feet to a point and lands now or formerly of George L. Edwards; thence along said lands now or formerly of George L. Edwards the following courses and distances; North 37 degrees 12 minute West 356.9 feet to a point; thence North 39 degrees 30 minutes20 Wcmds s' 201.3 feet to a point, thence North 44 degrees 06 minutes 20 seconds West 273.2 feet to a point, thence North 28 degrees 31 minutes 40 secon s West 189.3 feet to a point, thence North 4 degrees 58 minutes West 39.7 feet to a point, thence North 6 degrees 20 minutes East 52.2 feet to a point, thence- North 9 degrees 25 minutes West 33.9 feet to a point, thence North 22 degrees 45 minutes West to Long Isla_gd Sound at the poi t or place of beginning . Comprising an area of 23.337,.%acres be the same more or less. f Together with all the right, title and interest, if any, o he party of the first part of, in and to land under the waters of bong Island Sound adjacent to said premises. SUBJECT, nevertheles`sa to zoning ordinances of the Town of outhold affecting said premises.. , I i Z10 tr with the appurtenances and all the estate and rights of the part y of the first part in and to said premises, C11 ;tUt 30 4101b the premises herein granted unto the part y of the second part, his distributees and assigns forever. r li It tt PYP s the party of the first part ha s hereunto set her hand and seal the day and year first above written. 'jInpresence of I I r. ` 1 tl } t eats of Wr%vo rig (50untg of Suffolk Dt On this 1-c— day of August Nineteen Hundred and Sixty-one before me, the subscriber, personally appeared _ .� ..�.. - - - - JULIA B. TUTHILL to me personally known and known to me to be the same person described in and who executed the within Instrument, ands he duly acknowledged to me that s he executed the same 4 01"'N �+!PWIC In the Stag of"M ve* 81"101 in&Walk County at the thne a Bulk C"County cwrk••me, J i 6q� y / v rq (�z J . V 14 H H w H p c Z N H ( 0 W p Z ® z ZLL W F W o ) U a zv x (J1 �i Stlhdard N.Y.B.T.U.Form 8007 • Bargain and Sale Deed,with Covenant against Grantcets-Individual W /�(`a R A H 'g�L o c1J i� CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOW 10(3 (O B uJ DNS k� (� LIBER 9584 Pxf 363 r THIS INDENTURE, made the i,*Av- day of Na��� , nineteen hundred $� ANNE E. MACKAY, residing at 360 West 22nd St., Apt , ALLISON M. MILLIS, residing at 46 Randolph., London W9, Bnglan.. i� JOHN A. MACKAY, residing at625 Post St., San Francisco, Ca. 94109 �" as devisees under the Last Will and Testament of Isabel D. MacKay, deceased; LAWRENCE B. DORMAN, residing at (No #) Elm Sea Lane, Plandome Manor, New York; and JOSEPH LAWRENCE TOWNSEND Jrq., residing at (No #) Main Rd., Last Marion lo s devisee under the Last Will and Testament of Jane Dorman Townsend, deceased, a party of the first part, and JOHN BROWN TUTHILL, residing at (No #) Main Road., Orient, New York, as devisee under the Last Will and Testament of Julia B. Tuthill, deceased, 0 � �0 3 party of the second part, F.SSETH, that the party of the first part, in consideration of ------------------------------------- --------------TEN ($10.00) and no/100ths-------------------------------- dollars, ' lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, v�ktx}iaidDctt3t� KHt6iI, situate, lying and being inAacx or near the Village of Orient, Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: \ BEGINNING at a point on the easterly line of land now or formerly of Marcus at the northwesterly corner of other land of Tuthill, said point being North 46 degrees 56 V minutes 10 seconds West, 1624.18 feet from the northerly line of Main Road, and being the southwesterly corner of the premises herein described; running thence along said land now or formerly of Marcus, two courses: (1) North 47 degrees 35 minutes 40 seconds West, 96.45 feet; thence (2) South 59 degrees 50 Iminutes 20 seconds West, 37.80 feet to land of Townsend, etal; thence along said land, North 36 degrees 52 minutes 30 seconds West, 1040 feet, more or less, to the ordinary high water mark of Long Island Sound; �^ thence easterly along said high water mark, 425 feet, more or less, to land of Hamburger; thence along said land of Hamburger and along lands of Dicristina and others, South _4 46 degrees 16 minutes 10 seconds East, 1025 feet, more or less; to the northeasterly corner of said other land of Tuthill; thence along said other land, South 52 degrees 35 minutes 30 seconds West, 512.24 feet to the point of BEGINNING. Containing 11 2/3 acres, more or less. EXCEPTING a parcel of land 25 feet in width across the southwesterly corner of the premises which is being conveyed to the parties of the first part by the party of the second part by deed dated this date. 4 , • • . • • 3�, REAL STATE JUN 191984 { TRANSF17R TAX SUFFOLK COUNTY LIBER U064 PAGE#4 0 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party'of the' second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. .. IN PRESENCE OF . VV�1c� Anne E. MacKay Alliso ;,M. Millis --� ohn M y Lawrence B. Dorman` sepkf Lawrence Townsend, ie. PAGE365 London; ) Z3t3 . � gd States of America) STAW F NEW YORK. COUNTY OF �� ss: t1a t OF SS: On the 31 day of Dec. eritblTanuar 19 83, before me On the 'y of _w0we"da_ 198#, before me personally came personally-callfe Allison M. Millis Anne E. MacKay to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that she executed th same. she executed the same. ol ota Public T^+'Y�& 1$uh 11 c Robert C, Wood JOSEPH LAWRENCE TOWNST9D Vica Consul of the NOTARY PUBLIC OF NEW YORK Vnited States of America Residing in Suffolk County ciks. No. 52-9366350 , London, England 14 Commission Expires March 30,.19 STATE .O� F YO STATE OF ) ter COUNTY OF SUFFOLK )ss. : COUNTY QF ss. : J�� 4- On the 31 day of Dec, 1983, before On the 131)1,7w day of , .,1989, before me personally came JOSEPH LAWRENCE TOWNSEND Jr. me personally came JOHN A. MACKAY to me knows to me known to be the individual described in to be the individual described in and who and who executed the foregoing instrument, and executed the foregoing instrument, and acknowledged that he executed the same. acknowledged that he executed the same. 'j ttyub is ary P is OFFICIAL SEAL f SHERI L, HEINISCH NOTARY PUBUC•CAUFORNIA LAWRENCE TOWNSEND GT1 AND COUNTY OF SAN FAANGSCD mn7ABv PUBLIC OF NEW YORK My CO In-15in,Momh31,1986 Residing in Suffolk county STATE OF NEW YORK ) Clks. No. 52 9366350 COUNTY OF� /_ )s s COMM""> On the `Q day of . 3, before me personally came LAWRENCE DORMAN to me known to be the individual described in and __whn_.executed the foregoing i-a trume..T>t, and acknowledged that he executed the same. Varigain anb Gale 39erd WIIII COVENANT' AGAINST GRANTOR'S ACTS TITLE No. Notary Public I ANNr_ {<. VlHIE_ER � Notary Pi.!Ni c, Strata of New York .NNE E. MACKAY, ALLISON M. MILLIS, JOHN CL?„.f.±-;± ir• .Ya;k County MACKAY, LAWRENCE B. DORMAN and JOSEPH C0niiMiz 'C'n`Xr;*: cs ._ .!. 30, 19.or �AWRENCE TOWNSEND III TO OHN BROWN TUTHILL Recorded At Request of Filst /'erican Title Insurance Company of New York RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by First American Title Insurance Company Irving of New York Attorney-at-law L. Price, Jr. 828 Front Street Gre Greenport, New York 11944 Zip No. W v U. U. O 0 z 0 id 2153 of O C c r, C�cy..�. I.►f � i Cfa ut —•t t7 i au "C tom- �: G W 13 W C9 t NOV s o N 8 t2o uS s ueJrJ N.Y.LI U F—JW .)Maass_a.,ai.,�sd, vrHA C.mawn�ux Gwur' A. divxlwl w C:wpx w enswKT Toss u►+MM 96""am"- o Rtiigi i'>tt; 97 •tattt�e190 1 November nineteen hundred and se oil (no nu" t4 d the Yet } ;LYL3 ILL, residing at 3315 West Side Avenvet:„, Poks I i I I'\ {putt(i t6e se_tMsd put. of the'brst in consideration of ONE DOLLAR ($1.0'l 1) that�,the;p�t!tq,� Pa and other good and valuable consideration deHars; 11 paid \\ hwful money of the United Stites. ant and release unto tile of the second Part.the heirs or by the patty of the second part, does hereby gi succesy)rs and assigns of the pan}'of the second part Forever. ALL that certain Plot Piece pucel oI >and'jwith the buildings and improvements thereon erected, situate, lyrnV and being iai i. at Orient, in' the Town of Southold, County of Suffolk and State of New York, bound,d and described as follows: BEGINNINGat a monument set n the southerly line of Main Road o (N.Y. Route 25) at the northwester ay corner of land now or formerly of Pete:. 6orner of land now or formerly of Peter Brown and the northeasterly Brown and the northeasterly corner of the premises herein described; g1running thence along said land of Peter from said point of beginnin Brown the fallowing eight co6rses and distances, to wit; (1) South' 30 "degrees` 26! minutes 10 seconds East, 710.09 feet to a , monument; (2) South 60 degrees 57!minutes 20 seconds West, 313.17 feet to a monument; (3) South, 37 degrees 29; minutes 30 seconds East, 950.22 fact to a manuraen t: and (4) Aiong 'the edge of almQadow On a ,ti9 line course7 feet to distancw North 73 degrees. i iritites m nutesds L"ast, . (5) North 64 degrees minutes East. 95;85 feet to a monument: (7) North 52 degreee OE minutes So 211 minutes ssecondslEastet?OE.o feet a salt pond; (9) Through said salt pond and across Narrow River Road on a tie line coarse -and distance .of- South '61 degrees 29 minutes 10 seconds East, 270 feet, arose`or less to the ordinary highwatter mark of Halicicks Bay; running thsr►de ^in e'ao hwesterly direction along said ordirary high user �wtr of't �llooiite.' y,' 2000:,"•feet,`awfrr.;Qr"ess to land now or to r i`ettd last mentioned an3 former ly•oft°`I>ealuGis �Yunni Rio eifsg1foUr courses and distances, to { across Narrow dvis* X(r+sti sth I .a( wit; (1) Natth 37`e�t.hey'*4ftr; t7 aa•-k.ikylites 10 sacortdo A q+sst, 136>s feet' ,sore or less! :xtttltltes 20 sataands-16ast, ` • 320:4! felts 14845 DEC ' 2076 �NSfER 'AX TK• fly (Cunt'd,) ;UFF C,p�fY i / a s rasp.. ... k dMkk 49456 facts (3) North 33 dgrat►s :v57 m.l utev 30 seconds;Mea 72.43 feet to (4) North 43 degrees 25 mi utes 20 ,seaat�ds W said southerly r said southerly line of Main Road; running thence line of Main Aoad *o!r ,RO d6yrees 10 minutes 40 seconds East, 243.69 thence feet to land now or themfollowingithreebyl �courses andrun distances, to wit; land last ment (1) South 35 degrees 2g minutes East, 133.60 feet; (2) utes East, 162.3,6 feet; North 58 degrees, (31, North 34.idsgreea-48`� ncasalong�said southerly linedofmain southerly line of Main Readr �unninq c utes Road tit- gastM67 sf�) . a =saidl and,ofrpeter Broe wnand9thenpoint 30 seconds o: place of BEGINNING. 4 EXCEPTING, however, from the above described premises, so much thereof as lies within the'boundar'ie of Narrow River, Roadarty of the first, SUBJECT to Scenic and,Conse.i rion Faee3e0nt1973mand recorded .Tune 1.1, parr to the ir&h-bf�Southold p .. Y 1973 in the Offi. o >thg� cl of. Suffolk County in Liber 7416 of Conveyances aid W g r s�s g t--'s � V F- L'AEia. _y <14 :16t the psKy'of tM At*pert in and to any streets sad ' with M alad''hut�seli, 6 nerds abttetir;g &bow described preaniam to the center lines thereof, TOCCIS1�R with the sppurteoaptea and all thq estate and rights of the part)' of the firs: part in and to said�npisss. A!� g granted unto the party of the second pats. the WTI Or `Tf�IIAaYR , �x n io and w °t tM' p�!t farwer' w I , ,vlik u, <.,,r. IF Wng { 4 I! P ! t`. c a 6 f, u ip AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premfies have,been tticuntberedf in any way whatever,except as aioresaid. Alm the party of the first }part m oompliar►ce' 'th Sectidn 13 of the Lien Uw,covenants that the party of t"'"'for i s oon*yance and will hold the tight'o receive such eonsid- the first port will receive.the ettaNfid�a tan oration at a trust fund to fx applieb first for the'�itrpose of paying the cost of the improvement and will apply .'•; . the mum first to the payment of the cost of the i4prorr,,ment before using any part of the total of the same for any other purpose V The vrord'"party" as;if"fay rb "paruea.whenever the sense of this indertt.rc so requires requires TjjflUWW.the party of the firstapart has duly executed this deed the day and year first above ,AW!r :fry d. i L —AMU taJi&QWp—StU—FrOL-K- am STAIN OPMW Tom�OFftAQ N MW On tfto W of November 1916 beh" Roe On the day of 19 t me me perky own personally name John B. Tuthill to me Ipown to be t+ie individual described in Lad who to on known to be the individual described in and who executed the f oirK instrument. sod adutowledted tlwt executed the f ng instrttrnent, and acknowkadpd that he o:ecAed� lfsae. executed satnR, ; .,UTAet' `SCA t Ot tEw.YOPN WWF teniiq N 5iatfwk Is.N upn OI+a + OF- IfA"0i ww 1t1f11<.608I11r CO sa ttTAT/O�jl/M►t OMi o0tf1M7t on the day of l9 before me on the day of 19 , before me personally came personally game to me known,who.being by one duly sworn,did depoin and to me known,who.hein by me duly sworn,did depuse and say that he resides at No. say that he resi+ks at No ' that he is the that :w is the of dx earperetioe described of .the corporation described in and wbidt execMod the ialKr dtat m and.rhicfi eatecaded the foregoing ifstremetlt that he kwm 1"seal of.said 4, ponwonk; Uset the..sees a6uoed '- knows 111e sewi o(tisfd �, d,b, intruAeat is Stich of potato Seal .W# So to said iRolaiaweiR i1 sa+ch` f it a�Ixad �a( off• ; mod' 't k '+ 2 f 1 M T M1tl �T1693 s�craxv AGR W11H( vs1rANT AGA GRANOf'S AGyt, ,e,• 11 •°� 4�s2 Trttf 1ft LOT tout"y aR TowN Suffolk JOHN B. TUTHILL, TO LYLE B. TUTHILL, "et �llocor,edA+Peques+a� a:eGaarameeCnmpany RRTOaN ST HAIL TO! Irving L. Price, Jr. STARM*nM a Ww was MWO a sole,MIMMMaa` 238 Main Street M+y Greenport, N.Y. 11944 7M GUARANTEE' MEW YORK zM w. t AlIt1011 Ctlafltt/11f r.o r 1 N > r Woo y v r C u f,1Z 12 �Zo 111111111 IN 111111111111111111111 IN SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 12/20/2006 Number of Pages: 4 At: 04 :35 :49 PM Receipt Number : 06-0122250 TRANSFER TAX NUMBER: 06-17161 LIBER: D00012484 PAGE : 274 District: Section: Block: Lot: 1000 •017 . 00 04 . 00 016 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $12 . 00 NO Handling $5 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO EA-CTY $5 . 00 NO EA-STATE $75 . 00 NO TP-584 $5 . 00 NO Cert.Copies $0 . 00 NO RPT $30 . 00 NO SCTM $0 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $152 . 00 TRANSFER TAX NU•IBER: 0 6-17161 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County PZeasE-be advised this documentIS be public record. Remove Social purity Number(s)prior to recording. U o RECORCE D Number of pages 2006 C)ec 2i i 04: 5:49 Pt-1 Judith A. Pascale TORRENS CLERK OF 'UFFQLK COUNTY Serial# L D0001 2484 Certificate# P '2 4 GT# 06-1 i'161 Prior Ctf. # Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. Handling 5. 00 1. Basic Tax 2. Additional Tax TP-584 Sub Total Notation / Spec./Assit. EA-5217 (County)Y) � Sub Total or p /Add. EA-5217 (State) Sec.:::3--K TOT. MTG. TAX R.P.T.S.A. —0-D b Dual Town Dual County Comm. of Ed. 5. 00 �® e� Held for Appointment Transfer Tax �r a Affidavit d��� 4�}a` a Mansion Tax mo Certified Copy The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 Sub Total family dwelling only. Other YES or NO Grand Total C� If NO, see appropriate tax clause on page# off this instrument. 4 Dist 1000 Section017 B1ock04 Lot 016 1751 Community Preservation Fund Real Propert] 06042456 l000 0170o 0400 016000 Tax Service p T S Consideration Amount $ Agency RLPA ,q CPF Tax Due Verification 12-DEC-o Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Vacant Land RECORD & RETURN TO: TD Jay P. Quartararo, Esq. TD Twomey Latham Shea Kelley Dubin & Quartararo, LLP TD P.O. Box 9398 Riverhead, NY 11901 7 Title Com Rnv Information Co. Name Title# 81 Suffolk Countv Recording-& Endorsement Rage This page forms part of the attached QUITCLAIM DEED (SPECIFY TYPE OF INSTRUMENT) made by: LYLE TUTHILL & CAROL TUTHILL, his wife The premises herein is situated in REGINALD TUTHILL &RUTH TUTHILL,his wife SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLD NORTH DYER LIMITED LIABILITY COMPANI In the VILLAGE or HAMLET of ORIENT BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 101 and on or before May 3151. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax pay- ment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson, N.Y. 11777 Shelter Island, N.Y. 11964 (631) 473-0236 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, &44�' • Edward P. Romaine Suffolk County Clerk dw 2/99 12-0104::09/01cg NO CONSIDERATION Quitclaim Deed This Indenture, made the 4 rH day of, Two Thousand and Six BETWEEN LYLE TUTHILL and CAROL TUTHILL, his wife, both residing at 5475 William Henry Harrison Lane, Cincinnati, OH 45243; and REGINALD P1 a hn La• TUTHILL and RUTH TUTHILL, his wife, both residing atNO Box 86, Orient, NY 11957, as tenants in common party of the first part, and NORTH DYER LIMITED LIABILITY COMPANY party of the second part, `V pl WITNESSETH, that the party of the first part, in consideration of Ten Dollars and. other valuable consideration paid by the party of the second part, does hereby remise, TAX MAP release and quitclaim unto the party of the second part, the heirs or successors and DESIGNATION assigns of the party of the second part forever, Dist.: 1000 ALL that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situate, lying and being at Orient, in the Town of Southold, County of Sec.: 017.00 Suffolk and State of New York, bounded and described as follows: Blk: 04.00 Lot: 016. SEE SCHEDULE A BEING AND INTENDED TO BE the same premises conveyed to the grantors herein by deed dated August 28, 1981, and recorded in the office of the Clerk of Suffolk County on September 29, 1981 in Liber 9077 at page 162. Subject to grant of scenic and conservation easement recorded in the office of the Clerk of Suffolk County in Liber 9077 at page 164. Together with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; Together with the appurtenances and all the estate and rights of the party of the first part in and to said premises; To have and to hold the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. And the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. In Witness Whereof, the party of the first part has duly executed this Deed the day and year first above written. IN PRESENCE OF: A� L.S. X ? L.S. X L.S. '� L.S. y K . • STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: On the 6`h day of December in the year 2006 before me, the undersigned, personally appeared REGINALD F. TUTHILL, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that her signature on the instrument, the individual,or the person upon behalf of which the indivi al act d, xecuted the in Notary JAY P. QUAPTnn,ApO otary Puk:!:', NY STATE OF NEW YORK) No.020i. ;95 COUNTY OF SUFFOLK) ss.: Commission Qualified es Oct.County On the 6`h day of December in the year 2006 before me, the undersigned, personally appeared LYLE B. TUTHILL, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and ackno�eil to me that she executed the same in her capacity, and that by her signature off ent, ividual, or the person upon behalf of which the individual acted, executed the ' Notary Pub i JAY P. QUARTA Notary Public, State of Ny STATE OF NEW YORK) Qua0.d n0US055 lifie Cou COUNTY OF SUFFOLK) ss.: Commission Expires Oct.20, 0_� 10 On the 6`h day of December in the year 2006 before me, the undersigned, personally appeared RUTH P. TUTHILL, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within ignstru acknowledged to me that she executed the same in her capacity, and that by her signatthe i ent, the individual, or the person upon behalf of which the individual acted, executed ent. JAY P.QUARTARARO Notary Public, State of NY No.02QU6055695 Qualified in Suffolk County Commission Expires Oct.20,20 p Notary Public STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: On the Ch day of December in the year 2006 before me, the undersigned, personal y appeared CAROL TUTHILL, personally known to me or proved to me on th a 's of satisfact evidence to be the individual whose name is subscribed to the within instrume and a knowle to me that she executed the same in her capacity, and that by her signature on e instr e e i dividual, or the person upon b j*aVdb*AhAMindividual acted, executed the ins rument. Notary Public, State of NY No.02QU5055695 Qualified in Suffolk County Commission Expires Oct.20,2 Notary Public QUITCLAIM DEED DISTRICT: 1000 SECTION: 017.00 LYLE TUTHILL and CAROL TUTHILL, BLOCK: 04.00 his wife, and REGINALD TUTHILL and RUTH TUTHILL, his wife LOT: 016.00 TO COUNTY OR TOWN: SUFFOLK NORTH DYER LIMITED TAX BILLING ADDRESS: PO Box 86 LIABILITY COMPANY Orient,NY 11957 RETURN BY MAIL TO: Jay P. Quartararo, Esq. Twomey,Latham, Shea,Kelley, Dubin, &Quartararo, LLP 33 West Second Street P.O. Box 398 Riverhead,New York 11901 SCHEDULE n BEGINNING at a monument set on the northerly line of Main (State) Road about 615 feet westerly of the intersection of the northerly line of Main (State) Road with the westerly line of Youngs Avenue being the southeasterly corner of the premises herein described and the southwesterly corner of premises now or formerly of Reybine; running thence along said northerly line of Main (State) Road three courses as follows, to wit: 9 (1) North 55 degrees 26 minutes West 180.0 feet; thence (2) North 56 degrees 22 minutes 50 seconds West 193.13 feet; thence (3) North 59 degrees 53 minutes 40 seconds West 133.39 feet to land now or formerly of Dorman; running thence along said land of Dorman and others eight courses as follows, to wit: (1) North 29 degrees 04 minutes East 38.0 feet; thence (2) North 18 degrees 33 minutes East 50.37 feet; thence (3) North 71 degrees 27 minutes West 7.0 feet;. thence (4) North 2 degrees 36 minutes 30 seconds East 260.96 feet; thence (5) North 2 degrees 49 minutes 30 seconds East 164.70 feet; thence (6) North 10 degrees 49 minutes 30 seconds East 60.72 feet; thence (7) North 11 degrees 10 minutes 30 seconds West 311.80 feet; thence (8) North 1 degree 55 minutes West 375 feet, more or less, to the ordinary high water mark of Long Island Sound; thence in a general easterly direction along said ordinary high water mark of Long Island Sound on a tie line course of 64 degrees 58 minutes 50 seconds East 817.71 feet to land now of formerly of Horne and others; thence along land last mentioned the following ten courses, to wit: (1) South 4 degrees 27 minutes 50 seconds East 238.84 feet, more or less; thence (2) South 3 degrees 11 minutes 10 seconds East 262.92 feet; thence (3) South 3 degrees 18 minutes 50 seconds West 44.27 feet; thence (4) South 18 degrees 56 minutes 50 seconds West 293.30 feet; thence (5) South 16 degrees 50 minutes 10 seconds West 300.65 feet; thence (6) South 19 degrees 13 minutes 20 seconds West 221.82 feet; thence (7) South 12 degrees 45 minutes 40 seconds West 131.51 feet; thence (8) South 18 degrees 57 minutes 30 seconds West 173.42 feet; thence (9) South 56 degrees 16 minutes 40 seconds East 127.50 feet; thence (10) South 27 degrees 43 minutes West 212.33 feet to a concrete monument at the northerly line of Main (State) Road and the point or place of beginning. . • • Sow—1 tzev I IIIIIII(III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII IIIIIIIIIIIIIIIIIIII .IIIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 12/05/2008 Number of Pages : 5 At: 03 :28 : 56 PM Receipt Number : 08-0116248 TRANSFER TAX NUMBER: 08-10628 LIBER: D00012.574 PAGE : 090 District: Section: Block: Lot: 1000 017 . 00 06. 00 014 .003 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $25 .00 NO Handling $20 . 00 NO COE $5 .00 NO NYS SRCHG $15 . 00 NO EA-CTY $5 . 00 NO EA-STATE $75. 00 NO TP-584 $5 .00 NO Notation $0 . 00 NO Cert.Copies $0 . 00 NO RPT $50 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $200 . 00 TRANSFER TAX NUMBER: 08-10628 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 'lease be advised this document will ublic record. Remove Social Sec Number(s)prior to recording. 1 2 Number of pages .12 I1 i; E)ec 05 i 3:28:`,A R 1 TORRENS judit•h A. F'as—cal CLERK OF Serial # SU _1LIF". C ii[ff,' L [A-1-101 "74 Certificate# P 0910 Prior Ctf. # Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 5. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17 (County) Sub Total Spec. /Add. EA-5217 (State) TOT. MTG. TAX R.P.T.S.A. ® Dual Town Dual County Held for Appointment Comm. of Ed. 5. 00 Transfer Tax �o Affidavit "q, am=4e" Mansion Tax �+D IMOt4� � The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Total �<-%t-� If NO, see appropriate tax clause on CJ n page# of this instrument. 4 1 Dist.1��08029167 loon o1700 0600 014002 5 Community Preservation Fund Real Proper r P T S 1000 01700 0600 014003 Consideration Amount $ � Tax Service ` RLPA A Agency 05-DEC-0 CPF Tax Due $ Verification Ix Improved _ Vacant Land 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: TD Jay P. Quartararo, Esq. TD Twomey Latham Shea Kelley TD Dubin & Quartararo, LLP P.O. Box 9398 Riverhead, NY 11901 7 Title Company Information Co. Name Title# 81 Suffolk County Recording & Endorsement Page This page forms part of the attached QUITCLAIM DEED made by: (SPECIFY TYPE OF INSTRUMENT) THE JOHN B. TUTHILL The premises herein is situated in FAMILY LIMITED PARTNERSHIP SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLD SOUTH „PYER ' LIMITED In the VILLAGE LIABILITY COMPANY or HAMLET of ORIENT BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) y&01tTA11 T NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage pay me t o includedma your be billed directl roperty afor gall futurel now need to contact our local Town Tax Receiver so that statements. Local property taxes are payable twice a year: on or before January loll' and on or before May 3Is'. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville, N.Y. 11738 Shelter Island, N.Y. 11964 (631) 451-9009 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 13,743 Southampton, N.Y. 11968 (631) 351-3217 (631) 283-6514 Southold Town Receiver of Taxes Islip Town Receiver of Taxes 53095 Main Street 40 Nassau Avenue Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, Judith A. Pascale Suffolk County Clerk 12.0104..06/06kd NO CONSIDERATION • • QUITCLAIM DEED This Indenture, made the /st day of A cG asT , Two Thousand and Seven, BETWEEN THE JOHN B. TUTHILL FAMILY LIMITED PARTNERSHIP residing at 21920 Main Road, PO Box 192 , Orient, NY 11957 party of the first part, and SOUTH DYER LIMITED LIABILITY COMPANY, 21920 Main Road, Orient, NY 11957 party of the second part, WITNESSETH , that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid .by the party of the second part, does hereby grant and release quitclaim unto the party of the TAX second part, the heirs or successors and assigns of the DESIGNATION party of the second part forever, all of the party of the first part ' s interest in District 1000 ALL that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situate, lying and being at Section 01700 Block SEE SCHEDULE "A" 0600 ATTACHED HERETO AND MADE A PART HEREOF Lots 14.2 and 14.3 PREMISES ALSO KNOWN AS 21290 Main Road, Orient, NY 11957 . BEING AND INTENDED TO BE the same premises conveyed to the Grantor by Deed dated December 27 , 1999 and recorded in the Suffolk County Clerk' s Office on December 28, 1999 in Liber 12010 page 079, the Grantor being the same person described as the Grantee in said Deed. Together with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above-described premises to the center lines thereof; Together with the appurtenances and all the estate and rights of the party of the first part in and to said premises; To have and to hold the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. And the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. And the party of the first t)art, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of improvement and will apply • the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose . The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires . In Witness Whereof, the party of the first part has duly executed this Deed the day and year first above written. IN PRESENCE OF: THE JOHN B . TUTHILL FAMILY LIMITED PARTNERSHIP c/o South Dyer Limited Liability Company By: Tuthill Oysterponds Holding Company, LLC 1-4 4 L.S. LYL4 TUTHILL„ L.S. CAROL TUTHILL L.S. REGINAtt TUTHILL RUT TUTHILL STATE OF NEW YORK) COUNTY OF SUFFOLK) ss. : ' vo7 On the day of /97iy •j 7L in the year 2...0$ before me, the undersigned, personally 'appeared LYLE TUTHILL, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. JAY P. QUARTARARO t ' Notary Public, State of NY No.02QU5055695 Qualified in Suffolk Coun Commission Expires Oct.20, 0 l —Notary Public STATE OF NEW YORK) COUNTY OF SUFFOLK) ss. : On the day of 16e� "V j�" in the year 2: -, f before me, the undersigned, personally appeared CAROL TUTHILL, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, individual, or the person upon behalf of which the indivi ual cted ecuted the instrument. JAY P. QUARTARARO Notary Public, State of NY l No.02QU5055695 ! d Notary Publ c Qualified in Suffolk County Commission Expires Oct.20,20_ Page 2 of 3 Pages • • STATE OF NEW YORK) COUNTY OF SUFFOLK) ss. : ln D 7 On the day of 1,qyt4& in the year before me, the undersigned, personally appeared REGINALD TUTHILL, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individu d, executed the instrument. JAY P. QUARTARARO Notary Public, State of NY No.02QU50.55606 Notary Publi Qualified in Suffolk County Y Commission Expires Oct. 20, 20..,_O STATE OF NEW YORK) COUNTY OF SUFFOLK) ss. : QQ a-62 0 1 On the l S�- day of /Y"/ in the year •2-0-n before me, the undersigned, personally appeared RUTH TUTHILL, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, th dividual, or the person upon behalf of which the individu cte executed the instrument. JAY P. QUARTARARO Notary Public, State of NY NotaryPubli No.02Q!J5055695 Qualified in Suffolk County Commission Expires Oct. 20, 201 QUITCLAIM DEED DISTRICT: 1000 SECTION: 017.00 THE JOHN B. TUTHILL FAMILY BLOCK: 06.00 LIMITED PARTNERSHIP LOTS: 14 .2 and 14.3 TO COUNTY OR TOWN: Brookhaven SOUTH DYER LIMITED LIABILITY Tax BILLING ADDRESS: Neighborhood Rd. COMPANY Shirley RETURN BY MAIL TO: JAY P. QUARTARARO, ESQ. Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP 33 West Second Street P.O. Box 9398 Riverhead, New York 11901-9398 Page 3 of 3 Pages SCHEDULE A Legal Descriptiqn for the lands of,J ll,n B. Tuthill: -k c, 5c A( IC 5 ftx -c S t`Lory vc-t/C Commencing at the point of intersection fornied by the southerly side of Main R6ad (State'Road 25) and the westerly side of a private road otherwise known as "Rackett's Court" said point also being 324 feet from the corner of Main Road (State Road 25) and the westerly side of Oystcrponds Lane said point also being the northeast corner of the land of John B. Tuthill and running thence from said point or place of Beginning; South 32 degrees 34'40" West, along the westerly side of Rackett's Court a distance of 435.40 feet to the southwesterly corner of "Rackett's Court"; thence South 54 degrees 24'10" East along the southerly line of "Rackett's Court" and the land of Bryant Tabor, a distance of 178.36 feet to a monument and the land of A. & R. Abersmith; thence South 32 degrees 44'50" West along the land of Abersmith, Dispenza, Neilson, Newman and Van Clecf through a monument a distance of 443.28 feet to the northeast corner of the land of Henrietta Rackett; thence along the land of Rackett North 55 degrees 3610" West, a distance of 316.18 feet to a point; thence South 34 degrees 09'00" West, along said land also along the land of Mary Jane Hicks a distance of 353.40 feet to a point adjacent to the corner of a concrete seawall and the waters of a tidal creek fed from Orient Harbor; thence South 89 degrees 07'16" West, a distance of 319.55 feet to the average high water mark of Orient Harbor; thence along the average high water mark of Orient IIarbor North 57 degrees 01'53" West, a distance of 585.13 feet to the land of Van Cleef thence along the land of Van Cleef and through a post North 20 degrees,16'40" East, a distance of 1252.83 feet to the southerly line of Main Road (State Road 25); thence the following eight courses and distances along the southerly side of Main, Road (State Road 25) South 80 degrees 44'40" East, a distance of 257.40 feet; thence South 76 degrees 14'20" East, a distance of 142.53 feet; thence South 66 degrees 32'40" East, a distance of 104.15 feet; thence South 61 degrees 42'30" East, a distance of 118.64 feet; thence South 59 degrees 50'00" East, a distance of 251.94 feet; thence South 56 degrees 22'50" East, a distance of 190.57 feet; thence South 55 degrebbs 26'00" East, a distance of 178.91 feet; thence South 54 degrees 30'00" East, a distance of 59.40 feet to the westerly line of Rackett's Court and to the Point or place of Beginning. Containing 35.92 ACRES. Being and intended to be pail of the same premises as devised to Grantor under the LWT of Julia B. Tuthill who died Testate on October 4, 1966 (1503 P 66). t � No2Tc-{ � 2ouJr� I I I I I I I I I I I I I I I I I I I I I I I I I I I 11111111111111 III 111111111111111111111 IN SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 12/13/2006 Number of Pages: 4 At: 04 :32 : 17 PM Receipt Number : 06-0119802 TRANSFER TAX NUMBER: 06-16285 LIBER: D00012483 PAGE: 051 District: Section: Block: Lot: 1000 018 . 00 03 .00 030 .003 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $12 . 00 NO Handling $5 .00 NO COE $5. 00 NO NYS SRCHG $15.00 NO EA-CTY $5 . 00 NO EA-STATE $165 .00 NO TP-584 $5. 00 NO Cert.Copies $0 .00 NO RPT $30 . 00 NO SCTM $0 .00 NO Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $242 . 00 TRANSFER TAX NUMBER: 06-16285 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County Pleasel a advised this document jobe public record. Remove Social,*rity Numbers)prior to recording. MF2� Number of pages RECORDED 2006 Dec A.Y �4:. 2:1;• PM Judith N PascaleTORREN i_Li=Rl; OF Serial# IJFFOLK s_O1_1NT%' Certificate# F' 051 LET# 06-162; = Prior Ctf. # Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee I y Mortgage Amt. G 1. Basic Tax Handling 5. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17 (County) Sub Total Spec. /Add. EA-5217 (State) TOT. MTG. TAX R.P.T.S.A. ®�� Dual Town Dual County Held for Appointment Comm. of Ed. 5. 00 ': Transfer Tax Affidavit ��_ �o� e . Mansion Tax MD�4 Certified Copy The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total i YES or NO Other Grand Total If NO, see appropriate tax clause on page# of jh�ins men�� 4 Dist.1000 Section018 B1ock03 Lot 030.0 0 5 Community Preservation Fund Real Property 06042457 1000 01800 0300 030003 nsideration Amount $ Tax Service Agency P T S CP Tax Due $ Verification RLPA A 12-DEC-0 Improved Vacant Land 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: TD Jay P. Quartararo, Esq. TD Twomey Latham Shea Kelley TD Dubin & Quartararo, LLP P.O. Box 9398 Riverhead, NY 11901 7 Title Company Information Co. Name Title# g Suffolk CountyRecordinLy & Endorsement Page This page forms part of the attached QUITCLAIM DEED made by: (SPECIFY TYPE OF INSTRUMENT) LYLE TUTHILL & CAROL TUTHILL, his wife The premises herein is situated in REGINALD TUTHILL &RUTH TUTHILL,his wife SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLD NORTH BROWN LIMITED LIABILITY COMPA In the VILLAGE or HAMLET of ORIENT BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) IMPORTANT NOTICE If the document you've,just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *,you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January lOw and on or before May 3151 Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax pay- ment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson, N.Y. 11777 Shelter Island, N.Y. 11964 (631) 473-0236 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, Edward P. Romaine Suffolk County Clerk dw 2/99 12-0104::09/01cg NO CONSIDERATION Quitclaim Deed This Indenture, made theme day of Two Thousand and Six BETWEEN LYLE TUTHILL and CAROL TUTHILL, his wife, both residing at 5475 William Henry Harrison Lane, Cincinnati, OH 45243; and REGINALD TUTHILL and RUTH TUTHILL, his wife, both residing at PO Box 86, Orient, NY 11957, with each person having one-quarter (1/4) of an undivided half interest as tenants in common party of the first part, and NORTH BROWN LIMITED LIABILITY COMPA :Y party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and TAX MAP other valuable consideration paid by the party of the second part, does hereby remise, DESIGNATION release and quitclaim unto the party of the second part, the heirs or successors and Dist.: 1000 assigns of the party of the second part forever, Sec.: 018.00 ALL that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situate,lying and being at Orient, in the Town of Southold, County of Blk: 03.00 Suffolk and State of New York,bounded and described as follows: Lot:030.003 SEE SCHEDULE A Together with all right,title and interest, if any,of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; Together with the appurtenances and all the estate and rights of the party of the first part in and to said premises; To have and to hold the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. And the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. In Witness Whereof, the party of the first part has duly executed this Deed the day and year first above written. IN PRESENCE OF: n r L.S. L.S. L.S. r L.S. r STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: On the ),W day of be in the year 2006 before me, the undersigned, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on th in rument, the individual, or the person upon behalf of which the individual acted,executed the ins me Notary Public JAY P. QU TARARO Notary Public, State of NY STATE OF NEW YORK No. 02QU5055695 No. in Suffolk County COUNTY OF SUFFOLK) ss.: Commission Expires Oct. 20,20`d On theZ,.tAL day of hPx-P-1je in the year 2006 before me, the undersigned, personally appeared, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and wledged to me that she executed the same in her capacity, and that by her signature on the ' str. ent, the individual, or the person upon behalf of which the individual acted,executed the instru ent. JAY P. QUARTARARO Notary Public, State of NY No.02QU5055695 Qualified in Suffolk County t otary Public Commission Expires Oct. 20,20_ STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: On the&" � day of Ziecer in the year 2006 before me, the undersigned, personally appeared, personally known to me or proved to me on the basi f satis ry evidence to be the individual whose name is subscribed to the within instrument nd c nowledged to me that she executed the same in her capacity, and that by her signature on t i trument, th dividual, or the person upon behalf of which the individual acted,executed the "ns um t. JAY P. QUARTARARO Notary Public, State of NY No.02QU5055695 Qualified in Suffolk County Notary Public Commission Expires Oct. 20,20_ STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: On the day of in the year 2006 before me, the undersigned, personally appeared, personally known to me or proved to me on the basis of satisfactor evidence to be the individual whose name is subscribed to the within instrume nd ack edged to me that she executed the same in her capacity, and that by her signature pn t i ument, the individual, or the person upon behalf of which the individual acted,executed the ins ent. JAY P. QUARTARARO Notary Public, State of NY No.02QU5065695 Qualified in Suffolk County Commission Expires Oct. 20, 20 L Notary Pu lic QUITCLAIM DEED DISTRICT: 1000 SECTION: 018.00 LYLE TUTHILL and CAROL TUTHILL, BLOCK: 03.00 his wife, and REGINALD TUTHILL and RUTH TUTHILL, his wife LOT: 030.00 TO COUNTY OR TOWN: SUFFOLK NORTH BROWN LIMITED TAX BILLING ADDRESS: PO Box 86 LIABILITY COMPANY Orient, NY 11957 RETURN BY MAIL TO: Jay P. Quartararo, Esq. Twomey,Latham, Shea,Kelley, Dubin, &Quartararo, LLP 33 West Second Street P.O. Box 398 Riverhead, New York 11901 Page, 2 of 3 Pa vP.0 SCHEDULE A BEGINNING at a monument set on the Northerly line of Main (State) Road at the Southeasterly corner of the premises herein described and running thence along the Northerly line of Main (State) Road South 69 degrees 8 minutes 40 seconds West 185.0 feet to land now or formerly of Glover; running thence along said land of Glover 3 courses as follows to wit: 1) North 28 degrees 50 minutes 30 seconds West 196 feet thence; 2) South 53 degrees 27 minutes 10 seconds West 129 feet thence; 3) South 24 degrees 48 minutes 50 seconds East 168 feet to the Northerly line of Main (State) Road as follows to wit: South 61 degrees 48 minutes 40 seconds west 153.36 feet to a 25 foot strip or future road of Dorman and others, running thence along said land of Dorman and others 4 courses as follows to wit: 1) North 46 degrees 56 minutes 10 seconds West 1632.81 feet thence; 2) North 47 degrees 35 minutes 40 seconds West 114.95 feet thence; 3) South 59 degrees 50 minutes 20 seconds West 53.22 feet thence; 4) North 36 degrees 52 minutes 30 seconds West 1015 feet more or less to the ordinary high water mark of Long Island Sound, thence in a general easterly direction along said ordinary high water mark of Long Island Sound 425 feet to land now or formerly of Hamburger and others thence along land last mentioned the following 2 courses to wit: 1) South 46 degrees 16 minutes 10 seconds East 1211.25 feet thence; 2) South 45 degrees 33 minutes 00 seconds East 1546.62 feet to a concrete monument at the Northerly line of Main (State) Road and the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part, by deed dated December 10, 1987, and recorded on March 28, 1989 in Liber 10825 at page 394 (as to an undivided 1/2 interest) and by deed dated December 6, 1985 and recorded on January 21, 1986 in Liber 9959 at page 178 (as to an undivided 1/2 interest). . Sou-Ito (3 Q-eW N) Please be advised this document be public record. Remove Social Ari C u j9-V.c t�-1- 'D e D ding. 00 « ( (�p I �oa �0 Number of pages FIE COPY TORRENS Serial# Certificate# Prior Ctf. # Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 5. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17 (County) Sub Total Spec. /Add. EA-5217 (State) TOT. MTG. TAX Dual Town Dual County R.P.T.S.A. ® Held for Appointment Comm. of Ed. 5. 00 �' »:: Transfer Tax Affidavit � 6}0° Mansion Tax �/D IND�4 The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Total If NO, see appropriate tax clause on page# of this instrument. 4 iDist.1000 jSection018 1B1ock06 Lot � 5 Community Preservation Fund Real Property Consideration Amount $ U ` Tax Service Agency CPF Tax Due $ U Verification Improved Vacant Land 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD &RETURN TO: TD Jay P. Quartararo, Esq. TD Twomey Latham Shea Kelley TD Dubin & Quartararo, LLP P.O. Box 9398 Riverhead, NY 11901 7 Title Company Information Co. Name Title# 8 ( Suffolk County Recording & Endorsement Page This page forms part of the attached QUITCLAIM DEED made by: (SPECIFY TYPE OF INSTRUMENT) Lyle B. Tuthill, an undivided 1/2 interest & The premises herein is situated in Reginald & Ruth Tuthill, an undivided 1/2 int. SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLD SOUTH BROWN LIMITED In the VILLAGE LIABILITY COMPANY or HAMLET of ORIENT BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property statements. Local property taxes are payable twice a year: on or before January 101,' and on or before May 31s'. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax pay- ment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson, N.Y. 11777 Shelter Island, N.Y. 11964 (631) 473-0236 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, &Uuiaz A /• 4YfteL4� Edward P. Romaine Suffolk County Clerk dw 2/99 12-0104::09/01cg NO CONSIDERATION Quitclaim Deed This Indenture, made the G rN day of l Two Thousand and Six BETWEEN LYLE B. TUTHILL residing at 5475 William Henry Harrison Lane, Cincinnati, OH 45243, as to an undivided 1/2 interest,; and REGINALD TUTHILL and RUTH TUTHILL, his wife, both residing at PO Box 86, Orient, NY 11957, as to an undivided 1/2 interest; party of the first part, and SOUTH BROWN LIMITED LIABILITY COMPANY party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby remise, TAXMAP release and quitclaim unto the party of the second part, the heirs or successors and DESIGNATION assigns of the party of the second part forever, Dist.: 1000 ALL that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situate, lying and being at Orient, in the Town of Southold, County of Sec.: 018.00 Suffolk and State of New York, bounded and described as follows: Blk: 06.00 Lo(s)t: 17, 3 any( ( �, I SEE SCHEDULE A Together with all right,title and interest, if any,of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; Together with the appurtenances and all the estate and rights of the party of the first part in and to said premises; To have and to hold the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. And the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. In Witness Whereof, the party of the first part has duly executed this Deed the day and year first above written. IN PRESENCE OF: �J n L.S. �• L.S. L.S. L.S. STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: On the 61h day of December in the year 2006 before me, the undersigned, personally appeared, REGINALD F. TUTHILL personally known to me or proved to me on the-basis of satisfactory evidence to be the individual whose name is subscribed to a wi ' instr nt and acknowledged to me that she executed the same in her capacity, and that by tn ure on the instrument, the individual, or the person upon behalf of which the individual actthe instrument. JAY P. QUARTARARO Notary Public, State of NY No.02QU5055695 Qualified in Suffolk County Notary Public Commission Expires Oct. 20,20 v STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: On the 6`h day of December in the year 2006 before me, the undersigned, personally appeared LYLE B. TUTHILL, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within insf me d acknowledged to me that she executed the same in her capacity, and that by her signature on th in rument, individual, or the person upon behalf of which the individual acted, executed the instr m JAY P. QUARTARARO Notary Public, State of NY No.02OU5055695 Qualified in Suffolk County Notary Public commission Expires Oct.20,20� STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: On the 6`'day of December in the year 2006 before meta undersigned, personally appeared, RUTH P. TUTHILL personally known to me or proved to me on basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument nd acknowle ged to me that she executed the same in her capacity, and that by her signature on e i strum , the individual, or the person upon behalf of which the individual acted,executed the ' m n JAY P. QUARTARARO Notary Public, State of NY Notary Public No.020 US055695 d in Suffolk Cou Commalio� Expires n Exp Oct 20,2q,/2 s ty QUITCLAIM DEED DISTRICT: 1000 SECTION: 018.00 LYLE TUTHILL and CAROL TUTHILL, BLOCK: 06.00 his wife, and REGINALD TUTHILL and RUTH TUTHILL, his wife LOT(S): 17.3 and 18.1 TO COUNTY OR TOWN: SUFFOLK SOUTH BROWN LIMITED TAX BILLING ADDRESS: PO Box 86 LIABILITY COMPANY Orient, NY 11957 RETURN BY MAIL TO: Jay P. Quartararo, Esq. Twomey,Latham, Shea, Kelley, Dubin, & Quartararo, LLP 33 West Second Street P.O. Box 398 Riverhead,New York 11901 Pa Pe-,2 of 2 Pa aPc COPY SCHEDULE A SCTM 1000-018.00-06.00 17.3 and 18.1 BEGINNING at a monument set on the southerly line of Main Road (N.Y. Route 25) at the northwesterly corner of land now or formerly of Peter Brown and the northeasterly corner of the premises herein described;from said point of beginning running thence along said land of Peter Brown the following eight courses and distances: 1) South 30 degrees 26 minutes 10 seconds East, 710.09 feet to a monument; 2) South 60 degrees 57 minutes 20 seconds West, 313.17 feet to a monument; 3) South 37 degrees 29 minutes 30 seconds East, 950.33 feet to a monument; 4) Along the edge of a meadow on a tie line course and distance of North 73 degrees 51 minutes 10 seconds East,419.37 feet to a monument; 5) North 64 degrees 38 minutes East, 95.85 feet to a monument; 6) North 47 degrees 22 minutes East, 247.18 feet to a monument; 7) North 52 degrees 08 minutes 50 seconds East, 298.0 feet to a salt pond; 8) Through said salt pond and across Narrow River Road on a tie line course and distance of South 61 degrees 29 minutes 10 seconds East, 270 feet more or less to the ordinary high water mark of Hallocks Bay; running thence in a southwesterly direction along said ordinary high water mark of Hallocks Bay 2000 feet, more or less, to land now or formerly of Demarest; Running thence along land last mentioned and across Narrow River Road the following four courses and distances, to wit: 1) North 37 degrees 27 minutes 50 seconds West, 1368 feet, more or less; 2) North 37 degrees 05 minutes 20 seconds East, 320.48 feet; 3) North 33 degrees 57 minutes 30 seconds West, 494.56 feet; 4) North 43 degrees 25 minutes 20 seconds West, 1272.43 feet to said southerly line of Main Road; running thence along said southerly line of Main Road, North 60 degrees 10 minutes 40 seconds East, 243.69 feet to land now or formerly of Sybil T. Young; Running thence along land last mentioned the following three courses and distances to wit: 1) South 35 degrees 10 minutes East 162.16 feet; 2) North 58 degrees 28 minutes East 133.60 feet; 3) North 34 degrees 48 minutes West, 155.28 feet to said southerly line of Main Road; Running thence along said southerly line of Main Road on a tie line course and distance of North 67 degrees 19 minutes 30 seconds East, 367.48 feet to said land of Peter Brown and the point or place of BEGINNING. SUBJECT TO scenic easement grant dated May 30, 1973, and recorded in Liber 7416 cp 388. BEING AND INTENDED TO BE the same premises transferred to the party of the first part by deeds dated December 11, 1987 in Liber 10825 page 397; December 10, 1986 in Liber 10219 Page 567; and November 20, 1976 in Liber 8151 Page 97. EXCLUDING the following part thereof: ALL THAT TRACT OR PARCEL of land situate, lying and being in Orient,Town of Southold, County of Suffolk, State of New York, being more particularly bounded and described as follows: BEINNING at a point on the westerly line of Narrow River Road, said point having the coordinates of N. 338,962.83 and E. 2,472,905.16 in the New York State Plane Coordinate System, Long Island Zone, and being distant the following two courses and distances, as measured along the westerly line of Narrow River Road,from a pipe marking the division line of land of Latham Farms on the south, and land now or formerly of Ruth and Reginald Tuthill and another on the north: (1) N. 23"59' 29"E. 266.66 feet, (2) N. 7°29' 29" E, 280.00 feet; running thence from said point of Beginning, through lands of Ruth and Reginald Tuthill and another, the following three courses and distances: (1) N. 56' 30' 3 1" W. 1005.00 feet (2) N. 100 59' 30" E. 143.00 feet (3) N. 590 29' 51" E. 64.81 feet to land now or formerly of Henry Sledjeski, et. al being marked by a concrete monument; running thence along land now or formerly of Henry Sledjeski the following four courses and distances: (1) N. 620 21' 49" E. 419.37 feet to a concrete monument(2) N. 53°08' 39" E. 95.85 feet(3) N. 35°52' 39" E. 247.18 feet to a concrete monument(4) N. 40°39' 29" E. 298.00 feet, to land now or formerly of George L. Young Jr. and another, passing through a monument at 208.32 feet; running thence along land of George L. Young Jr. and another, S. 72' 58' 3 1" E. 220.11 feet to a point on the northwesterly line of Narrow River Road; running thence along the northwesterly and westerly line of Narrow River Road, S. 26° 39' 29" W. 200.00 feet to a point, and continuing along Narrow River Road S. 7° 29' 29" W. 1173.04 feet to the point or place of Beginning. Containing 16.0524 acres more or less. The bearings as set forth in the above described parcel of land are referenced to Grid North, New York State Plane Coordinate System, Long Island Zone. Together with all right, title and interest, if any, of the reputed owner their successors and assigns in and to all ponds, streams, roads and highways, and the land within the beds of all ponds, bays, streams, roads and highways, abutting, adjoining or traversing the above described premises. TOGETHER with all right, title and interest of the owner in and to all ponds, bays, streams, roads, highways and rights of way and the land within the beds of all ponds, bays, streams, roads, highways and rights of way abutting, adjoining or traversing the above described premises. EXCLUDING the rights, if any, of others than the owner in and to all ponds, bays, streams, roads, highways, and rights of way abutting, adjoining or traversing the above described premises and; EXCLUDING all public utility easements, transmission and telephone lines affecting the above described premises. ALL as shown on a certain map entitled"Map of Lands to be Acquired Pursuant to Section 3-0305 of the Environmental Conservation Law and the Eminent Domain procedure Law, Project: Q-TWL Suffolk 13, Long Beach Bay Tidal Wetlands situate in Orient, Town of Southold, County of Suffolk, State of New York", dated 11/22/88, signed by Howard W. Young, Licensed Land Surveyor, N.Y. Reg. No. 45893. Filed in the office of the Environmental Conservation Department at Albany, New York as Map No. 10646A (Sheet 1 & 3 of 16 sheets). That pursuant to Section 0305 of the Environmental Conservation Law and the Eminent Domain Procedure Law, this map and description of property to be acquired by the People of the State of New York, are officially filed in the office of the Environmental Conservation Department at Albany, New York on November 28, 1989 and in the Suffolk County Clerk's Office on November 30, 1989 as Index#89-23254. And Excluding the following part thereof: ALL THAT TRACT OR PARCEL of land situate lying and being in Orient,Town of Southold, County of Suffolk, State of New York, being more particularly bounded and described as follows: 2 BEGINNING at a point formed by the intersection of the easterly line of Narrow River Road with the northeasterly line of land of the Town of Southold, the coordinate in the New York State Plane Coordinate System, Long Island Zone being N. 338,407.60, E. 2,472,799.28, and running thence from said point of beginning northerly along the easterly line of Narrow River Road the following courses and distances: 1. N. 23°59' 29" E. 289.03 feet, 2. N. 07°29' 29" E. 1,451.84 feet to a monument 3. N. 26° 39' 29" E. 188.17 feet, 4. N. 340 48' 36" E. 12.31 feet to the land now or formerly of Edward W. Latham; thence S. 72 °58' 31" E. along the land of Edward W. Latham 9.10 feet to the general line of mean high water of Narrow River and Hallock Bay as of February 25, 1988; thence generally southerly along the mean high water line of Narrow River and Hallock Bay, to the land of the Town of Southold, a tie line along said mean high water having the following courses and distances: 1. S. 200 33' 22" E. 210.09 feet, 2. S. 08°55' 50" E. 70.86 feet, 3. S. 260 03' 13" W. 200.36 feet, 4. S. 01°54' 33" W. 150.08 feet, 5. S. 32° 12' 08" W. 277.72 feet, 6. S. 11° 18' 36" W. 203.96 feet, 7. S. 120 19' 47" E. 187.32 feet, 8. S. 090 31' 42" W. 712.83 feet, 9. S. 55°45' 45" W. 60.01 feet; thence N. 48'57' 11" W. along land of the Town of Southold 110.20 feet to the point or place of beginning, containing an area of 4.1253 acres, more or less. EXCLUDING therefrom a portion of the southerly end of the above described parcel, bounded and described as follows: BEGINNING at a point formed by the intersection of the easterly line of Narrow River Road, with the northeasterly line of the land of the Town of Southold. Said point having the Coordinates N. 338,407.60, E. 2,472,799.28 in the N.Y.S. Plane Coordinate System, Long Island Zone. Running thence along the easterly line of Narrow River Road N 23 ° 59' 29" E. 250.00 ft. to a point; thence S. 48°57' 11" E, 80± ft. to the general line of mean high water of Narrow River and Hallock Bay; thence southerly, along the said mean high water line to land of the Town of Southold; thence along said land, N 48'57' 11" W, 110.20 ft. to the easterly line of Narrow River Road and the point or place of beginning. Containing 0.60 acres more or less. TOGETHER with all right, title and interest of the owner in and to all ponds, bays, streams, roads, highways and rights of way and the land within the beds of all ponds, bays, streams, roads, highways, and rights of way abutting, adjoining or traversing the above described premises. EXCLUDING the rights, if any, of others than the owner in and to all ponds, bays, streams, roads, highways, and rights of way abutting, adjoining or traversing the above described premises and; EXCLUDING all public utility easements, transmission and telephone lines affecting the above described premises. ALL as shown on a certain map entitled "Map of Lands to be Acquired Pursuant to Section 3-0305 of the Environmental Conservation Law and the Eminent Domain Procedure Law, Project: Q-TWL Suffolk 13, Long Beach Bay Tidal Wetlands situate in Orient,Town of Southold, County of Suffolk, State of New York", dated 11/22/88, signed by Howard W. Young, Licensed Land surveyor, N.Y. reg. No. 45893. Filed in the office of the Environmental Conservation Department at Albany, New York as Map No. 10646A (Sheet 3 of 16 sheets). That pursuant to Section 3-0305 of the Environmental 3 Conservation Law and the Eminent Domain Procedure Law, this map and description of property to be acquired by the People of the State of New York, are officially filed in the office of the Environmental Conservation Department at Albany, New York on November 28, 1989 and in the Suffolk County Clerk's Office on November 30, 1989 as Index#89-23254. 4 Town of Southold 0 LWRP CONSISTENCY ASSESSMENT FORM A. Instructions 1. All applicants for permits*including Town of Southold agencies,shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency.Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action lost,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program.A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes al of Southold Town). 3. If any questions in Section C on this form is answered"yes"or"no",then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law.Thus,each answer must be explained in detail,listing 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 Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 473889 17.-4-16 (North Dyer SCTM# 473889 17.-6-14.2 (South Dyer) SCTM# 473889 18.-3-30.3 (North Brown) SCTM# 473889 18.-6-17.3 (South Brown) SCTM# 473889 18.-6-18.1 (South Brown) PROJECT NAME Tuthill OysteMonds Holding Company 80/60 Conservation Subdivision ODA The Application has been submitted to(check appropriate response): Town Board _ Planning Board x Building Department Board of Trustees _ 1. Category of Town of Southold agency actions(check appropriate response) (a)Action undertaken directly by Town agency(e.g.capital construction,planning activity, agency regulation,land transaction) x (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: x Nature and extent of action: Create an Open Development Area across 4 parcels under an 80/60 Conservation Subdivision.Intent is to continue passing the land down within the Tuthill family over many generations. Minimal development of lots anticipated in foreseeable future. October 9,2013 Location of action/(Site acreage from tax records): North Dyer: 21505 Route 25,Orient(21.1) South Dyer: 21920 Route 25,Orient(35.34) North Brown: 26975 Route 25,Orient(28.64) South Brown: 7685 Narrow River Rd.,Orient(26.68) South Brown: 8070 Narrow River Rd. Orient(0.6) Site acreage: The combined 4 parcels comprise about 112 acres Present land use: Residential,agriculture including one Farm Stand and aquaculture Present zoning classification: R-80 and 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: Tuthill Oysterponds Holding Company b. Mailing address: PO Box 86; Orient,NY 11957 c. Telephone number: (631) 323-3558 d. Application number,if any: e. Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes No x If yes,which state or federal agency? 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. DEVELOPED COAST POLICY Policy 1.Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location, and minimizes adverse effects of development.See LWRP Section III—Policies; Page 2 for evaluation criteria. I x JYes [ INo [ ]Not Applicable The proposed plan involves—112 acres of which —23 acres are coastal and wetland areas with high scenic value.An additional 70 acres would be preserved under the proposed Open Development Area,which includes 52 farmed acres(98%of area currently cultivated).The remaining 17 acres would be split up among 17 lots plus the right-of- ways needed to support them and one currently existing farm stand,Latham's.The proposed plan clusters houses on each of the 4 properties enabling attractive water views for any lots developed in the future,but will be located so that the much-enjoyed views of the farm operations and water bodies,particularly on the South Dyer property,will continue.The intent is to pass down the land to future generations and there is minimal development of house lots planned for the foreseeable future.There are no significant adverse effects foreseen due to this development. Policy 2.Protect and preserve historic and archeological resources of the Town of Southold.See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria [ x ]Yes [ ]No [ ]Not Applicable October 9,2013 2.1 Maximize Preservation and Retention of Historic Resources—The project is not substantially contiguous to,nor contain a building,site or district listed on the State or National Registers of Historic Places nor Register of National Natural Landmarks.There are no defined plans to develop lots at this time and in the future,as lots are developed,the buildings will meet the standards in place at that time. 2.2 Protect and Preserve archeological resources—A Phase IA site survey(Report#709) was conducted in March 2011 by Tracker Archeology Services,Inc. Based on the proximity of the site to known prehistoric and historic sites,a Phase IB archeological survey is recommended for the proposed development(APE)prior to any ground disturbance and according to current NYAC and NYSHPO standards. Please see attached report for details.Assuming we receive Southold Town approval to our Sketch Plan Application we would do the IB study as part of the Final Plat Review Application for the ODA. 23 Protect and Enhance Resources Significant to the Coastal Culture of the Long Island Sound and Other Important Bodies of Water—Our properties are bounded by the Long Island Sound on the North and,to a great extent,by the Peconic Bay and its estuaries on the South.Throughout the years that the Tuthill family has owned these properties,we have worked to maintain their scenic and natural beauty and to conduct our marine-based activities in accordance with shoreline guidelines.The Tuthill Oysterponds Holding Company has permits for 3 small boat docks: two on the South Dyer property in the Tidal Creek that flows into the Bay and one on the South Brown property in Hallocks Bay.They are used primarily for fishing and aquaculture and are being maintained in good repair Historically,the South Dyer Tidal Creek has been used by fishermen to moor their small boats,which were used to reach their larger fishing boats or nearby fish traps. In the early 2000's the Cornell University Extension Center offered training programs on growing shellfish to enhance the population in the Bay by generating more"natural" sets. Reggie Tuthill,a Managing Director of the Tuthill Oysterponds Holding Company,worked with guidance from the Cornell program to begin an approved Aquaculture operation in the Tidal Creek on our South Dyer property. The operation is focused on growing shellfish utilizing a series of open racks that hold the oysters in porous bags suspended above the bottom.This is a relatively new approach versus the traditional method of broadcasting seed on the bottom and dredging the mature shellfish when they are judged to be saleable size.Since our racks are open and above the bottom,there is minimal impact on water flow and erosion. For many years these marine operations,both fishing and shellfish farming,have provided educational experiences for classes from Oysterponds Elementary School and groups interested in fish trap and shellfish operations.Several educational media presentations have been produced about our operations including color inserts in the Sunday NY Times about our oyster operations,a video of Captain John Tuthill on fish trap operations, a Nova TV segment on the local osprey population nests that are on and adjacent to our property,and an episode for an HBO children's science series(planned for airing in 2014). Policy 3.Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria. [ x ]Yes [ ]No [ ]Not Applicable Our 4 parcels are bisected by SR 25 and bordered on the North by the Long Island Sound and to the South by the Peconic Bay and several of its tributaries.The views from our properties are currently well known and appreciated by travellers on the Scenic Byway and by bicyclists and walkers as well as car riders on Narrow River Road which runs through the southern most part of the South Brown property. For the Brown properties the view from the Scenic Byway is of a wooded area on the northwest side of October 9,2013 the road and open farm fields for the rest.On the North side,there is an existing Barn,built in the early 1800's,which can be partially seen from the road.We plan to maintain this structure in good condition in its current location and will continue to clean the growth around the barn to make it visually appealing. The North Brown house lots would be clustered on the northern area of highest elevation with views of the Sound.The proposed house lot area has never been farmed. On the South Brown,we would locate a single house lot on the far North side of R-80 part of the parcel closest to Narrow River Road.This would minimize disruption to the current farmed area and preserve the view of the farm fields from the highway. It would allow privacy for people who might live there in the future as well as providing a water view of Hallocks Bay. No development of lots or addition of farm stands on the Brown parcels is planned in the foreseeable future. On the Dyer properties the view is of open farmland on the South side and on the North side,a large treed lawn bounded by traditional stone walls with manicured floral beds.The proposal would have the house lots on South Dyer tucked into a niche in the property on the east side,just south of an existing house on the main road and backing up on the east side to a cluster of houses on Oysterponds Lane. This will avoid any obstruction of the public view of the Bay/Tidal Creek and minimize the impact on farmland. On North Dyer there is an existing occupied house set back about 350' from the main road.It was originally the Carriage House for a large Estate house on the property that was destroyed in the 1938 hurricane.The Carnage House has been restored and enhanced to maintain the original character of the building.There are two other auxiliary buildings in the immediate vicinity of the Carriage House that were part of the original farming and horse operations conducted on this estate parcel. Both of these buildings are being maintained to ensure their sustained functionality while maintaining their historic character.Over the last several years,the parts of the North Dyer parcel that are visible from SR 25,have been cleaned of debris and deadwood,which has significantly improved the view from the Scenic Byway including opening up a view of the Sound. It has also uncovered large flowerbeds that were part of the original Estate house,some of which are in view of the main road. The existing Carriage House and its auxiliary buildings would be within one of the proposed lots on North Dyer.One additional lot would be on the south side of the parcel in the approximate place where the original estate house was located.The remaining house lots would be on the North side of the property overlooking the Sound.Several attempts of farming have been tried on this parcel,but it is very rocky and makes the use of mechanized cultivating equipment prohibitive.A Christmas Tree farm was successfully operated here many years ago and there is current consideration being given to using the open space on the property to support an orchard or berry growing operation that would not require major plowing/cultivation on a regular basis. NATURAL COAST POLICIES Policy 4.Minimize loss of life,structures,and natural resources from flooding and erosion.See LWRP Section III—Policies;Pages 8 through 16 for evaluation criteria. [ x ]Yes [ ]No [ ]Not Applicable All proposed building lots are set back from coastlines,wetlands,flood plains and bluffs.In the area of the Aquaculture business in the South Dyer Tidal Creek,natural materials such as rocks and oyster shell are being used to minimize erosion and maintain consistent stability in the launch and work areas. Work supplies are kept between the end of the agricultural farmed field and the upland natural grasses bordering the Tidal Creek. Work materials are kept in and nearby a 10' x 12' storage building.There is minimal visibility of the work October 9,2013 materials from the Scenic Byway. 0 Under current conditions we see no need for new,hard structural erosion protection measures on any of our shoreline or bluffs areas. Policy 5.Protect and improve water quality and supply in the Town of Southold.See LWRP Section III —Policies;Pages 16 through 21 for evaluation criteria [ x ]Yes [ ]No [ ]Not Applicable Our proposed 80/60 Conservation Subdivision Open Development area will generate a 60%reduction in house lots versus the maximum allowed in a Standard Subdivision.This will have a significant positive impact on protecting the water quality and supply available when all lots are developed.Since we anticipate only minimal development of lots during the foreseeable future,this will further lessen any impact on water quality and supply. The project is not anticipated to produce surface liquid waste nor involve disposing of solid waste.It will involve subsurface liquid waste disposal in terms of sanitary sewage for residential houses.When any house lot is developed in the future,we will follow Town guidelines on the appropriate system to use to minimize impacts on water quality and supply. Policy 6.Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands.See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. [ x ]Yes [ ]No [ ]Not Applicable Our proposed 80/60 Conservation System Open Development Area will conserve 80%/70 acres of the Buildable area as well as an additional 23 acres of coastal and wetlands.This will have an important impact on protecting the quality and function of the Town of Southold ecosystems.Much of this conserved acreage is currently farmed and this practice will be continued in the future.No endangered plant,fish or wildlife species has been identified on our properties.The farming practices on our properties are compliant with existing regulations.We proactively reach out to the Cornell Extension service to learn about the best methods to employ in our aquaculture operation.The landscape cleaning efforts we have undertaken have helped clear debris and deadfall to enable healthy trees to continue growing and to encourage attractive undergrowth species to flourish. We are already seeing many forms of attractive ground covers emerge on the North Dyer property which provide natural erosion control and minimize runoff.Wild flowers are now increasing in their presence,too.The wetlands and bluffs remain undisturbed and all proposed lot locations are set well back from these fragile areas. Policy 7.Protect and improve air quality in the Town of Southold.See LWRP Section III—Policies; Pages 32 through 34 for evaluation criteria. [ x ]Yes [ ]No [ x ]Not Applicable Proposed use of land includes limited new residential lots,agriculture and aquaculture operations that have no significant impact on air quality. Policy 8.Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes.See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. [ x ]Yes [ ]No [ ]Not Applicable 0 Our proposal will not generate solid waste that is not covered by the"Town Bag"garbage disposal system and recycling program.No hazardous waste nor petroleum products will be produced as a result of our proposed October 9,2013 subdivision development. PUBLIC COAST POLICIES Policy 9.Provide for public access to,and recreational use of,coastal waters,public lands,and public resources of the Town of Southold.See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. [ x ]Yes [ ]No []Not Applicable There are currently no public access or recreational facilities on any of our properties,nor are there any new ones being proposed.There are no current or planned obstacles to impede the public from walking on the foreshore between our properties and the Long Island Sound or Peconic Estuary.Importantly,by accepting our 80/60 Conservation Subdivision Open Development Area Proposal,the Town will ensure preservation of one of the most impactful view-sheds of the Peconic Bay as you enter Orient from the Causeway.This benefits local residents on their regular trips on this part of SR25 and all the visitors coming to this part of the Northfork,including all the people travelling to or from Orient on the Ferry to New London Connecticut. There are countless numbers of people that stop to photograph the view from our properties,particularly over South Dyer.The proposed lot locations on this parcel are all tucked into a niche on the eastern side of the property and would not impinge upon the visual impact of the public. Separately,the work we did to clean out the debris and deadwood on the North Dyer property has opened up the view to the Long Island Sound.Many people have commented to us that they enjoy this view and that they weren't aware it was even possible to see the Sound from SR 25 in this area.This is evidence of how we see our stewardship of the family land,which includes sharing the beauty and special characteristics we enjoy with our neighbors and area visitors. The Aquaculture operation does not impede the public access via water to the Tidal Creek area that parallels SR 25 behind Latham's Farm Stand(which is also on our property). However,the access channel to the Creek has been narrowed over the last few years due to increased sand brought in by the hurricanes and other major storms.There is currently minimal public land access around most of the Tidal Creek in order to protect the fragile ecosystems of the surrounding Wetlands. WORKING COAST POLICIES Policy 10.Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations.See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. [ x ]Yes [ ]No [ ]Not Applicable Agreement to our proposed Conservation Subdivision ODA will help protect our existing Aquaculture business and the continued use of our docks.Our property is not in the areas targeted for siting of new water- dependent uses in Orient(Orient Point,Orient Hamlet). Policy 11.Promote sustainable use of living marine resources in Long Island Sound,the Peconic Estuary and Town waters.See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. [ x ]Yes [ ]No [ ]Not Applicable Our Aquaculture operation utilizes a racking system to `hold' the shellfish until they reach saleable size.This provides an enhanced habitat,which enables the shellfish to obtain superior access to nutrients in the Creek. The oysters in our racks spawn naturally which increases the population of oysters in the Bay.Our process October 9,2013 0 s eliminates dredging the oysters that can damage the ecosystems.We abide by all restrictions on the harvest of our shellfish when the sanitary/toxic condition of the waters exceeds public health standards.We will continue . to utilize the Cornell Extension Center to stay up-to-date on best Aquaculture practices. Policy 12.Protect agricultural lands in the Town of Southold.See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria [ x ]Yes [ ]No [ ]Not Applicable Although we expect only minimal lot development in the foreseeable future,even if all lots were developed, —98%of the current acreage being farmed would continue to be farmed as it will be included in the conserved area of the Property.Additional Farm Stand operations may be considered on some of the parcels in the future to enhance our ability to ensure our agriculture and aquaculture harvests are profitable and can continue for many years to come. 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 [ ]Not Applicable 13.1 B —We will comply with all energy conservation requirements in the local building codes when any new construction is undertaken. PREPARED BY Carol Tuthill TITLE Managing Director Tuthill Oysterponds Holding Co. DATE 6/26/14 Form Amended on 811105 October 9,2013 • 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine,in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently,there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert In environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data,it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large Impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed or this project: 0 Part 1 F]Part 2 17Part 3 Upon review of the information re'pitled on this EAF(Parts 1 and 2 and 3 If appropriate),and any other supporting information,and considering both the magnitud nd Importance of each Impact, it is reasonably determined by the lead agency that: ©A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment,therefore a negative declaration will be prepared. ©B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ®C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from responsible officer) 1website Date Page 1 of 21 PART 1—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form,Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable,so indicate and specify each instance. Name of Action Tuthill Oysterponds Holding Company's Proposed 80/60 Conservation Subdivision Open Development Area Location of Action(include Street Address,Municipality and County) Four parcels in Orient,Suffolk County: 1)North Dyer(ND):21505 Route 25(Main Rd.);2)South Dyer(SD):21920 Route 25(Main Rd.);3)North Brown(NB):26975 Route 25(Main Rd.);and 4)South Brown(SB):7685 and 8070 Narrow River Rd. Name of Applicant/Sponsor Tuthill Oysterponds Holding Company(Co.Directors:Reginald,Ruth,Lyle,Carol Tuthill) Address PO Box 86 t City/PO Orient State NY Zip Code 11957 Business Telephone 631-323-3558(Reginald Tuthill) Name of Owner(if different) same Address City/PO State Zip Code Business Telephone Description of Action: Action:Create an 80/60 Conservation Subdivision Open Development Area(ODA)covering the combined 4 parcels. The Tuthill Oysterponds Holding Company is a family company that is focused on stewardship for these 4 parcels.This involves maintaining/growing the agriculture/aquaculture efforts,identifying additional ways to generate income from the properties,and ensuring we have a sufficient number of desirable building lots to pass down to family members.There are currently 4 Managing Directors for the Holding Company:Reginald Tuthill,Ruth Tuthill,Lyle Tuthill and Carol Tuthill. The properties cover—1 12 acres of which 23 acres are coastal and wetland areas with high scenic value.An additional 70 acres would be preserved under the ODA.52 of the 53 acres currently being farmed would continue.The remaining 17 acres would be used for Right of Ways and 17 house lots. One house exists on ND;there are no other houses planned at this time. There is active agricultural farming on 3 parcels(SD,NB,SB);ND has been fared in the past and may again in the future.There is an active Aquaculture operation on SD,which utilizes the land we own under the Tidal Creek. We currently have one active Farmstand on SD(Latham's).There may be future interest in adding farmstands or agriculturally related processing work on other parcels to enhance the income producing capability of the agriculture/aquaculture operations.This would be done in alignment with all regulations. The intent for the Tuthill Oysterponds Holding Company is to retain ownership of all the property including Unbuildable areas,open space,and any land for which we would sell development rights.The Holding Company would serve as the HOA for all open space/preserved land.Our recommendation is the Town of Southold would provide the oversight for open space/preserved land. Page 2 of 21 Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use:F�Urban ®Industrial ©Commercial ✓�Residential(suburban) ©Rural(non-farm) 0 Forest �✓ Agriculture 0 Other Aquaculture-shellfish 2. Total acreage of project area: 112 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushiand(Non-agricultural) 9.5 acres 10.4 acres Forested 28.3 acres 26.2 acres Agricultural(Includes orchards, cropland, pasture, etc.) 52.8 acres _51.5 acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) 9.7 acres 9.7 acres Water Surface Area 7.8 acres 7.8 acres Unvegetated (Rock, earth or fill) 3.8 acres 5.0 acres Roads, buildings and other paved surfaces 0.1 acres 1.4 acres Other(Indicate type) acres acres 3. What is predominant soil typ )on project site? Haven Loam a. Soil drainage: ✓ Well drained 96% of site ®✓ Moderately well drained 4% of site. ®Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? 67.5 acres(see 1 NYCRR 370). 4, Are there bedrock outcroppings on project site? © Yes n No a. What is depth to bedrock N/A (in feet) 5. Approximate percentage of proposed project site with slopes: ©0-10% 87% E-110- 15% 6% © 15% or greater 7 % 6. Is project sub stantiall contiguous to or contain a building, site, or district, listed on the State or National Registers of Historic Places? Yes ri No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ®Yes FE1No 8. What is the depth of the water table? 0'-80'(in feet) 9. Is site located over a primary, principal, or sole source aquifer? naYes ❑No 10. Do hunting,fishing or shell fishing opportunities presently exist in the project area? 1E Yes ®No Page 3 of 21 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? RYes On No According to: Identify each species: 12. Are there any unique or unusual land forms on the project site?(i.e.,cliffs,dunes, other geological formations? ElYes ®No Describe: Bluffs on North Brown 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes ENo If yes,explain: 14. Does the present site include scenic views known to be important to the community? Eyes E]No View-shed of Peconic Bay from South Dyer 15. Streams within or contiguous to project area: Yes a. Name of Stream and name of River to which it is tributary ` Tidal Creek Tributary to Peconic Bay on South Dyer 16. Lakes, ponds, wetland areas within or contiguous to project area: Yes b. Size(in acres): ND contains most of Munn Lake(4.96 acres);Munn Pond(05acres);Wetlands on SD and SB(9.7 acres). ND and NB are bordered on their north sides by Long Island Sound;SD borders on Peconic Bay;SB borders on Hallocks Bay; Page 4 of 21 17. Is the site served by existing public utilities? O Yes No a. If YES,does sufficient capacity exist to allow connection? Yes FNINo b. If YES, will improvements be necessary to allow connection? no ®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 7BYes ®No 19. Is the site located in or substantial) contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? rulYes No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ®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: 112.16 acres. b. Project acreage to be developed: 0 acres initially; 1754 acres ultimately. c. Project acreage to remain undeveloped: 94.62 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 4 ; proposed 34 g. Maximum vehicular trips generated per hour: 3 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 1 existing Ultimately 17 s i. Dimensions(in feet)of largest proposed structure: N/A height; N/A width; N/A length. J. Linear feet of frontage along a public thoroughfare project will occupy is? 3,180 ft. 2. How much natural material(i.e. rock, earth, etc.) will be removed from the site? 0 tons/cubic yards. 3. Will disturbed areas be reclaimed Yes RE o ©N/A a. If yes,for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ®Yes no No c. Will upper subsoil be stockpiled for reclamation? R Yes Fm� No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? —2.6 acres. Page 5 of 21 5. Will any mature forest(over 100 years old) or other locally-important vegetation be removed by this project? Yes M No 06. If single phase project: Anticipated period of construction: N/A months, (including demolition) 7. If multi-.phased: a. Total number of phases anticipated N/A (number) b. Anticipated date of commencement phase 1: TBD month TBD year, (including demolition) c. Approximate completion date of final phase: TBD month TBD year. d. Is phase 1 functionally dependent on subsequent phases? ® Yes F1 No 8. Will blasting occur during construction? ®Yes 0 No 9. Number of jobs generated: during construction N/A ; after project is complete N/A 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities?®Yes No If yes, explain: 12. Is surface liquid waste disposal involved? ®Yes IENo a. if yes, indicate type of waste(sewage, industrial,etc)and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? M Yes F]No Type Residential Sanitary Sewage 14. Will surface area of an existing water body increase or decrease by proposal?®Yes F1No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? Q Yes MN. 16. Will the project generate solid waste? ❑Yes CE No a. If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used?®Yes ®No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ®Yes I 7N No Page 6 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? ®Yes no a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? nwYes ®No 19. Will project routinely produce odors(more than one hour per day)? ®Yes On No 20. Will project produce operating noise exceeding the local ambient noise levels? OYes no 21. Will project result in an increase in energy use? E Yes ® No If yes, indicate type(s) Normal Residential use for a maximum of 17 houses.Only one house exists today and there are no current plans to develop additional lots at this point. 22. If water supply is from wells, Indicate pumping capacity 10 gallons/minute. ` 23. Total anticipated water usage per day 5.000 gallons/day. 24. Does project involve Local, State or Federal funding? [i]Yes ® No If yes, explain: Proposed Purchase of Development Rights(PDR) Page 7 of 21 25. Approvals Required: Type Submittal Date Subdivision/ODA;PDR TBD City, Town, Village Board �• Yes ®No City, Town, Village Planning Board Yes © No Subdivision/ODA TBD City, Town Zoning Board ®Yes M No Subdivision;Wells;Sanitary TBD City, County Health Department �• Yes ® No Sewage TBD. t Other Local Agencies • Yes ® No PDR TBD (Preservation Committee) TBD ■ Other Regional Agencies ©Yes ® No NY State DEC TBD State Agencies r7m Yes ® No Federal Agencies ®Yes No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ME Yes 0 No If Yes, indicate decision required: ❑ Zoning amendment E] Zoning variance ®New/revision of master plan • Subdivision ® Site plan Special use permit ®Resource management plan © Other Page 8 of 21 2. What is the zoning classification(s) of the site? R-80( 100.93);and R-200( 1123) 3. What is the maximum potential development of the site If developed as permitted by the present zoning? 17 house lots 4. What is the proposed zoning of the site? No change-R80 and R200 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 17 house lots 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? 0 des ®No 7. What are the predominant land use(s)and zoning classifications within a 1/4 mile radius of proposed action? Uses:Residential,Fainting,Business use. Zoning:R-40,R-80,R-200,Hamlet Business,Business 8. Is the proposed action compatible with adjoining/surrounding land uses with a '/4 mile? no ®No 9. If the proposed action is the subdivision of land, how many lots are proposed? 17 a. What is the minimum lot size proposed? 31,131 s f./.71 acre Page 9 of 21 10. Will proposed action require any authorization(s)for the formation of sewer or water districts? ®Yes No 11. Will the proposed action create a demand for any community provided services(recreation, education, police,fire protection? nYes ®No a. If yes, is existing capacity sufficient to handle projected demand? no Yes ®No 12. Will the proposed action result in the generation of traffic significantly above present levels? ®Yes rol No a. If yes, is the existing road network adequate to handle the additional traffic. ®Yes ®No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Tuthill Oysterponds Holding Company Date 6/26/14 Signature Carol Tuthill Title Managing Director Tuthill Oysterponds Holding Co. If the action Is In the Coastal Area,and you are a state agency,,complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 OFFICE LOCATION: MAILING ADDRESS �v Town Hall Annex �" �� r P.O. Box 1179 54375 State Route 25 `" Southold,NY 11971 (cor. Main Rd.&Youngs Ave.) P Tele hone: 631-765-1938 Southold,NY 'X" www.southoldtownny.gov %", �o � PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: December 30, 2024 Re: Check Please deposit the attached check into B691: Deferred Revenue. Payment is for the Subdivision referenced below whose Final Plat application has not yet been accepted by the Planning Board. .......................................................... ..........................................................W.. ............................................................................................... ......... ....................Check Date/No. .......... Applicant/Project Name & Type Tax Map # Amount Tuthill Conservation Subdivision.w. ..._ .,....._..... _. . _............................__.... ........ ...-_._._...... 'vision Final 17.-4-16 12/28/24 - #1905 Plat $6450.00 CEW Att '�9+nM,,,�wPd+i/i����na ..�lM,.i nrdd". ;.lawn",..✓uuroJ"�H r.r.a^MPoI.aAr'Iapv�lnflo,iwMYP:� k✓rinq�ll .h'M`,�I MiHN rxn.a�R:2r��r orv%�„."N2,Yk...r;.�da'7F%✓ �.g.%'rc�!Ad'bWm.wpwd.a'9m.N ,rn�.lmw�4 v,.�MIM',..=,�}rvn/JuFi�w.HlNaP:,,)Hb�"'wY«r rl ,ii NdA.e n'^d m4.,,Jn,.,.wm0�i4,�Ji : 1905 TUTHILL OYSTERPONDS HOLDING CO LLC 12-07 P.O. BOX 86 1025 MUNN LN. ORIENT,NY 11957-1015 1-2/210 DATE, d .�..�..,. 1 PAY TO HE } � ORDER OF ���. ��� . ........ �"� •- Al�luc__A � � _.__..�.a r . DOLLARS CHASE C.a �e 1PMorgan Chase Bank,N.A. "A www.Chase.com M p NP FORA'.... '�.: " .. * ��,,,,...., .�` ... ...., ............. �... 144� 111100 190 5111 1:0 2 10000 2 W: 74 fPYr . . . ., ., ..,, 0 0 5 17114 ?. ,. .t 4 : r 0 MAILING ADDRESS: PLANNING BOARD MEMBERS �QF SU!/T P.O.Box 1179 DONALD J.WILCENSKI �O� Old Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS va Town Hall Annex PIERCE RAFFERTY G �Q 54375 State Route 25 JAMES H. CH III �li�' (cor.Main Rd. &Youngs Ave.) MARTIN H. C�(f ,� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: July 3, 2014 Re: Checks Please deposit the attached check into B691: Deferred Revenue. Fee is for a Sketch Plan Application not yet accepted by the Planning Board. Thank you. Project Name & Type Tax Map# Amount Check Date & Number Tuthill Oysterponds Holding Co. 17-4-16, 17-6- $500.00 7/2/14 -#1439 Conservation Subdivision 14.2, 18-3-30.3, Sketch Plan Application 18-6-17.3 & 18.1 _ r,V TUTHILL OYSTERPONDS HOLDING CO LLC P O BOX 86 1439 1025 MUNN LANE 2/210 ORIENT,NY 11957-1015 0 PAY TO THE ORDER OF OLLARS JPMorgan Chase Bank,N.A. I New York,New York 10017 www.Chase.com FO AP 000 L 4 3 9 1.12 L0000 2 Le: 7460505 L 711' JUL - 3 2014 N° SO ONO ERSAP MAP FOR Southold Town G \5\A Planning Board °N NORTH DYER �oJ�o SI T UA TE s ORIENT THE NORTH LA. TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK SUBJECT PREMISES m S.C. TAX No. 1000- 1 7-04- 1 6 Or\FOl A ,i THE CIRCLE 9n� m D ��� SCALE 1 "= 100' J U N E 23, 2014 O\� ROgo �"<rs TOTAL AREA = 921 ,631 sq. ft. Rte 21 .15 cc. 2s� UPLAND AREA = 670,061 sq. ft. 15.38 cc. 3 WETLANDS AREA = 251 ,570 sq. ft. o=° 5.77 cc. e KEY MAP SCALE 1 "=600' O i i N o HOUSE m �+40 i 1 CT\ I 'rD � �jo li BEPGN SpN i ZpN� �� �21 �,�► I I I 1 1 m l i II Z I 1 11 t>7 �' ZP 0 pN ��RESNwP��RI i — �,r \A ROS 3 / —rs woo, �. �•►• LPL �` GOP A'I' , Co PIS FROM` p rAo — T PS S'g\,M P ?\AO �o �E��NG� �'1 ���f �'' /� �__S 03'18'50" E 1 PZPRp PREP /�, J F3GG p� C J � %/ -44.27`/ HOUSE N N \ rrl HOUSE _ LOAM �POK j HOUSE Ct 3 TO S% 25 -------X. / LO ycJ— —.---- AM � Z � l. r .. � f��`. /��' —_�r�—(MONTPSLDPES __ � TO HOUSEf�— ------- ----- \ y _�— . tK OUS v \ 55 -- N 1 *49'3D?!, E 0 72 HousE MfC �MONT _. _. � �ILT LOAM \\� \\. T — 8 { \ \ HOUSE Z \\\` I f��MON\Auk SrL1T LOgM /��59 SLOPES � o \ 1 3 t� 8q\\ o \ 1 z I h 1 I N 1 c w C o cn �' HOUSE Al Ci S 3 0'' H �9' �04, 0 OUS ( �\ / jl jny HOUS I SOaz Tp �` 1�O . yOq yq ti e Ab 0 TO 2 \ S�Op S SLOPES <OpFS) (RIVER AD HOUSE \\ NOTES: 1 .. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: 50.0 HOUSE 4� EXISTING CONTOUR LINES ARE SHOWN THUS: ----------s0--------- 2. ZONING USE DISTRICT: R-80 G° 3. WETLAND AREA = 251 ,573 sq. ft. 4. AREAS OF 15% OR GREATER SLOPES 1 5. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36103CO068 H ZONE AE: BASE FLOOD ELEVATIONS DETERMINED ZONE VE: COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION); BASE FLOOD ELEVATIONS DETERMINED ZONE X: AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH EW YORK STATE-LAND TITLE Ilk c -(n ._ S N.Y.S. Lic. No. 50467 UNAUTHORIZED ALTERATION ADDITION Nathan Taft Corwin III TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. Land Surveyor COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN Successor To: Stanley J. Isaksen, Jr. L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. Ingegno L.S. IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys — Subdivisions — Site Plans — Construction Layout LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 Fox (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHT OF WAYS 1586 Main Road P.O. Box 16 AND/OR EASEMENTS OF RECORD, IF Jamesport, New York 11947 Jamesport, New York 11947 ANY, NOT SHOWN ARE NOT GUARANTEED. THE NORTH LA. oc0 1 m v v m THE CIRCLE ��<9 �O�G `POPS m Do 2� o OOPp o z 0 D w j MAIN ROAD (N.Y.S. Rte. 25) = o r � w - S c -- o HOUSE 2 "! � HOUSE ' , S80 \ SUBJECT 4440'.E o PREMISES 257.40� i r . s —_, �61\4 20»� 142.5yIII 3 — ` overg KEY MAP /],� ld7 � SCALE 1 "=600' o s sea �r I t�� 778230�1 Hous 64 Fes\t /vgReoR S� 9Soo o F / M _ p15 p (� A \V \\\ � ya9 rtiq li) � (�lJ � � U ....i ; I I i, T (6qM (0 ` \ 2 7 �SJ LI I- ? 3 91, JUL - 3 2014 TO TD ` s ET S ri 1dJL ri u N \ 1 6 9 &9 Southold Town CUltiv 0\F J of Planning Board ate ' oA SO TH DYER LOTS Fie/d SITUA TE �I 7ORIENT \ ry i � TIaQI \ gLFN \ / yQ�\ ` SS WetlS ®WN � f SOU�FI ® I�® z \ � a ds o \ ----- �F \ �� 77�6'0 \T o \\\ gtij T \\�� — VERHEAD SANDY LOAM 3 TO 8 % SLOPES) S U f F® L K COUNTY, NEW P O R K HOUSE Rd6 (RI S.C. TAX No. 1 000® 1 7-04- 1 4. 2 co/0- � �m / \\ ° s�0" SCALE 1 99 00' �mn z� J . \ / � aI J Q 7�1 ' � S) O a J D �� / \� 0 1 1 I \ JUNE 23, 2014 0 'A AREA = 1 ,539,579 sq. ft. / r ✓ 1 (TO TIE LINES) 35.344 cc. DO 3 ° 7tj 1 .tt ➢ I � lJ \�\ � I II 7?� �?Q9''� 4�0' \ o�'— — _y0�/d'F 1 I 0< D I I I Ln A 1 / Q f D z � ,4 yoG oJ� h. A \ j C I O 1 '� 1 edge of Marsh 1 // ° 1 \� \ y°LS NOTES: ZONE AE EL 8 I �\ 11 F 1 . ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM p 1 0 1 =N ZONE AE (EL 7) I N N i I EXISTING ELEVATIONS ARE SHOWN THUS: 50.0 n � ' I rl EXISTING CONTOUR LINES ARE SHOWN THUS: ---------5D--------- Tidol 0\ /// m`�aa ,�� �I GPI /100 2. ZONING USE DISTRICT: R-80 `'' I 3. WETLAND AREA = 638 161 s ft. ands 1 / 11 / o y � � I / a�SF I I ' q• �/ I / , I , SSA• i II 4. AREAS OF 15°° OR GREATER SLOPES A edge of Marsh I CUlt�vated i 8�V0,, i I F 5. FLOOD ZONE INFORMATION TAKEN FROM: '� i Farm Field l F 1\ FLOOD INSURANCE RATE MAP No. 36103CO068 H A ZONE AE: BASE FLOOD ELEVATIONS DETERMINED ZONE VE: COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION); BASE FLOOD ELEVATIONS DETERMINED ZONE X: AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. \ z N I JJ/ CU/tivated D ZI \ A � m rq F v I \ ` A o U / s'L O <p " yLi F9Cy o O� <p cP ZONE 1 A£ (EL 7 / / <0, \ (Tj0 ONE AE (EL 6) �' i .7�' /)SV ` % Ba 9( _ i Q1 reF �MqR LOAM, 0 TO 2 %i�LOPES) _ � yOOSF -C �CyF�Stiff \ \ aA (HAVEN _..._. .LOB 2 TO 6 % SLOPES) C S(9 ZONE q£� \ o gp�cF HOB (HAVEN � I \ ZONE �£ (£L 6) ` f yOOse �I Tie � \\ --5 St'�a� O � e \` yOOSf L� z S - N89.07'16"W 319.55' �rCJC� leper J OF Neh, XX 1 ' tuylryfrM QJ \ <'o "4►VL15 N.Y.S. Lic. No. 50467 9� �Co \r TO� Nathan Taft Corwin III s° Land Surveyor s< Y u' OA\ _0 1�> s Successor To: Stanley J. Isoksen, Jr. L.S. ° Joseph A. Ingegno L.S. s<p Title Surveys — Subdivisions — Site Plans — Construction Layout ���`j PHONE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS 1586 Main Road P.O. Box 16 Jamesport, New York 11947 Jamesport, New York 11947 OF 49 so�J �55Gp�p�O ERSAP MAP FOR ��l 7,1 vREP MPP JUL - 3 2014 NORTH BROWN LOTS SI T UA TE Southold Town k s Planning Bmrd 0� 6,, � ..... ,��' OF O c°P P 23° SPNp gEP PGN�S� ORIENT -� TOWN 0F SOUTHOL® SUFFOLK COUNTY , NEW YORK / r J;yr y�- - \, T I .� P/C S.C. TAX N®. 1000- 1 8-03-30. 3 . _-_ .. I 6'0 105= y _ _ r0 sg ry C° SCALE 1 = 1 00 r o-__- -- : . _ .._ _ y_�ti Mfc _ , Lo esY SgNo JUNE 23 2014 35- w r� .� -- rr /i —. .. .... . .. ..... J.....,-.. .. . .. 8° (40 + \ AREA = 1 ,252,228 sq. ft. ..\ \. .. \ �.:. (TO TIE LINES) 28.747 ac. 66.5\ \.. ... I WOODED h NOTES: 1 . ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM _;, EXISTING ELEVATIONS ARE SHOWN THUS: 50.0 / I ss— EXISTING CONTOUR LINES ARE SHOWN THUS: ------------------50----------------- �r / I 2. ZONING USE DISTRICT: R-80 A. 3. BLUFF AREA = 90,016 sq. ft. /,' J i ---- h 4. AREA OF 15% OR GREATER SLOPES \ S WOODED NDoSE .. 5. FLOOD ZONE INFORMATION TAKEN FROM: \ FLOOD INSURANCE RATE MAP No. 36103CO068 H ZONE AE: BASE FLOOD ELEVATIONS DETERMINED I \ ZONE VE: COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION); BASE FLOOD ELEVATIONS DETERMINED — -- ZONE X: AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. I / 85.5 r �\ , I �` � � DNS% s�- ��. ► �'.�. ,�h O, WOODED �pPE510 / r� I r� S lip to Ld s� Q Q� r r v 0 0 o / / r ! pP rCn � / + 0_ IN / I � � � I N / O / O so-- CULTIVATED FIELD rl 0 X /l I / F- w I / r� H- I Q / I-- O / J LLJ UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED 0 / TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN '/ II ISLY TO THE PREPARED, AND ON HIS BEHON FOR OALFTTO THE HE VEY TITLE COMPANY, GOVERNMENTAL AGENCY AND 50\ D �O� r�\ / / I __- �i25 LENDING INSTITUTION LISTED HEREON, AND Np TO THE ASSIGNEES OF THE LENDING INSTI- `DNO TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. CULTIVATED FIELD 35 \ + I // ��1 C�51\� THE EXISTENCE OF RIGHT OF WAYS OQ ---- \ AND/OR EASEMENTS OF RECORD, IF 10 ANY, NOT SHOWN ARE NOT GUARANTEED. 0 KEY MAP - `� J \ I �� QP� i�pP�` PREPARED IN ACCORDANCE WITH THE MINIMUM \ STANDARDS FOR TITLE SURVEYS AS ESTABLISHED p ff \ \ ��F BY THE L.I.A.L.S. AND APPROVED AND ADOPTED SCALE -600 1 /�/ ` o SP �QO , ' '� 5 TIITR SUCH TLLE ASSOCIATION. THE NEW YORK STATE LAND �. b� © C1 PREMISES 25\ �/ L /, Cj O OVERGROWN FIELDol . g1 s / r i- / PSI \a� s7 y�\� \\ /4 \�\ I \J���`��\\�O�QF. (�Q a Q��� \ L mow' l N.Y.S. Lic. No. 50467 V YC SIW 6 '�Y•D OVERGROWN FIELD. ��� �� Nathan Taft Corwin III Land Surveyor gP Qr� 'fj�0 Successor To: Stanley J. Isaksen, Jr. L.S. 61 t)� Joseph A. Ingegno L.S. 1 Title Surveys — Subdivisions — Site Plans — Construction Layout NSv5E PHONE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT' MAILING ADDRESS 1586 Main Road P.O. Box 16 Jamesport, New York 11947 Jamesport, New York 11947 — 91-3 tip`�0 �0 0 251 r FR\e C S• !, Mp\N ROPE `�� JUL - 3 2014 "U �a Southold Town s 0 Planning Board ,n - rT� OPRN SUBJECT G PREMISES IA 2°— I I 0 18.0 1 o; --2° KEY MAP o Q.� 6g • -, ,. � s, s d,, SCALE 1 =600,' z� /L CULTIVATED FIELD 0 5$ �6 srs° \\ �3 s, at, `\ ED,SAP MAP \ HaA (HAVEN LOAM, 0 TO 2 % SLOPES) \\\ S O Y T H B R 0 11 \\ \ \ SITUAT ORIENT TOWN OF S O U T H O LD SUFFOLK COUNTY, NEW YORK \\\\ \\\ CULTIVATED FIELD S.C . TAX N®. 1 0 0 0- 1 8-0 6- 1 7 .3 SCALE 1 "= 100' JUNE 23, 2014 \ NO � TO \\ \ °5 \ S 6Q TO AREA = 1 ,172,556 sq. ft. S�OA \\\\ \ \\\ 26.918 cc. TO ` S`OAFSJ uo; NOTES: \ I 1 . ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM '� \\ EXISTING ELEVATIONS ARE SHOWN THUS: 50.0 `\ EXISTING CONTOUR LINES ARE SHOWN THUS: -----------------$0----------------- \ I\\ \ 2. ZONING U CULTIVATED FIELD �,_ _10 RE DISTRICTS: = 683,462 \ \ R-120 = 489,094 sq. ft. \\ 3. WETLAND AREA = 27,147 sq. ft. \\ 4. AREAS OF 15% OR GREATER SLOPES C I e' 5. FLOOD ZONE INFORMATION TAKEN FROM: \\ / FLOOD INSURANCE RATE MAP No. 36103CO068 H / ZONE AE: BASE FLOOD ELEVATIONS DETERMINED ♦ �' ZONE VE: COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION); i - - BASE FLOOD ELEVATIONS DETERMINED I , ZONE X: AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. ,Il, � �x _ O J \s 00 IL \ 9 04 \\ \ \0, �00 -------5 \ \ \ali,of 0 I `AI \-�'O� , 1 ZD+ Vv \ _ — z p°5 S � 9 + fo \\ •� \\ \�� �S\ Q7 � all, \' — ��• all, all, I I Q pc y9 3r, _ \0 I \ 6' 10— — / 1, i FN \.,\ OVERGROWN FIELD l \ \ \S401, �J \\ ��00 ES) s s \ \ _ .0, \v2a 0,IP O' \ CULTIVATED FIELD Cl)- \G s/ \ \ ♦ \ \— o all, \ ♦ \ \ A 0 \6 ��\ s — F F oT I 0 1 ` \ \ 1 01 � O 1 / 1 CULTIVATED FIELD I 1 s\ ti O ai, \ / CO zap — N / i �3 O I � � C) °�j� c / CID / PREPARED IN ACCORDANCE WITH THE MINIMUM All, STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. �O IF T �R /. m .S. I ic. No. 50467 / !- UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF / Nathan T of t Corwin IllLA SECTION 72 OF THE NEW YORK STATE 9 55 EDUCATION LAW. Land Surveyor COPIES OF THIS SURVEY MAP NOT BEARING ' THE LAND SURVEYOR'S INKED SEAL OR \ O� EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ♦ \ �' Successor To: Stanley J. Isaksen, Jr. L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY ♦ all, Joseph A. Ingegno L.S. IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys — Subdivisions — Site Plans — Construction Layout LENDING INSTITUTION LISTED HEREON, AND / TO THE ASSIGNEES OF THE LENDING INSTI— FOX PHONE (631)727-2090 ( )631 727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHT OF WAYS 1586 Main Road P.O. Box 16 AND/OR EASEMENTS OF RECORD, IF Jamesport, New York 11947 Jamesport, New York 11947 ANY, NOT SHOWN ARE NOT GUARANTEED.