HomeMy WebLinkAboutPeconic Land Trust (Koehler) CAI
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,TOWN"OF. SOUTHOLD
Easement dated June.28;1. -2
Recorded July 20;;2022'
" ,h. Suffolk;County'' Clerk--`Liber 13-165 f Page.584
SCTM #: part of 1000-115-10-1
Premises: 4180 New Suffolk Ave
Hamlet: Mattituck
Purchase Price: S 8419351.50
(12.1935 acres c�
$69,000/buildable acre)
Funding: Community
Preservation Fund
(2%)
CPF Project Plan: Yes
Total Parcel Acreage: 14.94 acres
Development Rights: 12.1935 easement acres
Reserved Area: 2.7465 acres
Zoned: R-80
Existing Improvements: In January 2022 —
Several utility poles and
overhead wires, lire hydrant,
wooded and grass areas.
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APPRAISAL OF REAL PROPERTY
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LOCATED AT
4180 New Suffolk Avenue
Mattituck, NY 11952
1000-115-10-1
FOR
Melissa Spiro-Town of Southold
PO Box 1179
Southold, NY 11971
OPINION OF VALUE
AS OF
6/7/2021
BY
Andrew D. Stype
Andrew Stype Realty, Inc.
PO Box 63
Mattituck, NY 11952
NYSREGA#46000022831
Form GA2V LT—"WinTOTAL"appraisal sotvare by a la mode,inc.—1-800-ALAMODE
P e#2
Subject Photo Page
Client Melissa Spiro-Town of Southold
Properly Address 4180 New Suffolk Avenue
city Mattituck County Suffolk State NY Zip Code 11952
Owner Koehler Family Limited Partnership
Subject Look North West
13 acre parcel
Subject Look West
13 acre parcel
Subject Entrance
2 acre parcel
92
Form LPICPD(.DSS LTR—VinTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE
L Page_#3
Subject Photo Page
Client Melissa Spiro-Town of Southold
Property Address 4180 New Suffolk Avenue
city Mattituck County Suffolk State NY Zip Code 11952
Owner Koehler Family Limited Partnership
Subject South Boundary
13 acre parcel
+R Y�
Subject Center
2 acre parcel
Subject Look South
13 acre parcel
93
Form LPICPD(.DSS LTIC—"WinTOTAL"appraisal software by a la mode,inc.—1-800-ALAMODE
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PHASE , I ENVIRONNIENTAL
SITE ASSESSMENT
for the property known as:
4180 New Suffolk Avenue
Mattituck, ,New York 11952
SCTM# 1000- 115- 1001
Owner: Koehler Family Partnership
prepared for:
Peconic Land Trust
296 Hampton Road
PO Sox 1776
Southampton, New York 11968
prepared by:
Cas *aup
es, P.C.
Engineering • tion Management
1200 Veterans Memorial Hw York 11788 - (631) 348-7600
SEPTEMBER 21, 2021
PHASE I ENVIRONMENTAL SITE ASSESSMENT
FOR THE PROPERTY KNOWN AS:
4180 NEW SUFFOLK AVENUE
MATTITUCK,NEW YORK 11952
SCTM# 1000-115-10-01
OWNER: KOEHLER FAMILY PARTNERSHIP
PREPARED FOR:
PECONIC LAND TRUST
296 HAMPTON ROAD
PO BOX 1776
SOUTHAMPTON,NEW YORK 11968
PREPARED BY:
CASHIN ASSOCIATES,P.C.
1200 VETERANS MEMORIAL HIGHWAY
HAUPPAUGE,NEW YORK 11788
21000.034 SEPTEMBER 21, 2021
Cashin Associates,P.C. •Engineering 0 Planning •Construction Management
PHASE I ENVIRONMENTAL SITE ASSESSMENT
FOR THE PROPERTY KNOWN AS:
4180 NEW SUFFOLK AVENUE
MATTITUCK,NEW YORK 11952
SCTM# 1000-115-10-01
OWNER: KOEHLER FAMILY PARTNERSHIP
EXECUTIVE SUMMARY
Cashin Associates, P.C. (CA) has performed an assessment of the property located at 4180 New
Suffolk Avenue, Mattituck, NY (Suffolk County Tax Map No. 1000-115-10-01) in accordance
with the American Society for Testing and Materials (ASTM) E 1527-13, Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment Process. This report
was also prepared in accordance with Suffolk County Department of Economic Development
and Planning Site Assessment Criteria, utilized by the Suffolk County for acquisition of real
estate for land preservation purposes. The Phase I was performed in accordance with Peconic
Land Trust's approval of CA's proposal dated July 19, 2021, and the site inspection was
performed by a CA Environmental Professional on September 10, 2021.
The approximately 14.94 acre subject property consists of agricultural land containing a one-
story residential cottage, a detached garage, and a fallow farm field. The property is situated on
the south side of New Suffolk Avenue in Mattituck, Town of Southold, Suffolk County. The
property's east side borders Deep Hole Creek, a tidal tributary of Great Peconic Bay.
According to CA's historical research, the property has been in agricultural use for the last 60
years and probably much earlier. It appears that the subject cottage was originally constructed
Cashin Associates,P.C. •Engineering i Planning *Construction Management
ES-1
sometime prior to 1962. It appears that adjoining properties have historically contained
cultivated farm fields, Deep Hole Creek and residential properties. The surrounding area is
primarily residential and agricultural at the current time. The only commercial/industrial property
in vicinity of the subject property is the Mattituck Airport located about 850 feet to the southeast.
The airport property has been subject to investigation and clean-up of hazardous materials.
Impacts to the subject property are not likely because the airport is located downgradient with
respect to groundwater flow. While the airport and other local historical land uses may have
contributed to the general degradation of local soil and/or groundwater quality in the area, during
this assessment CA did not find evidence to suggest that conditions at the subject property have
been directly or adversely affected by any adjoining or surrounding area properties.
The site inspection indicated that most of the property consists of a fallow farm field. A portion
of the east side borders Deep Hole Creek and associated tidal wetlands. The property has a steep
slope down to the shoreline which is wooded. The cottage on the east side of the property is a
wood-framed one-story dwelling that is presently occupied. The site inspection did not find
evidence of hazardous material conditions or REC's except those conditions typically associated
with residential and farming activities as outlined below.
The subject property/address was not listed in any of the reviewed environmental regulatory
databases. While some nearby locations in the surrounding area did appear in some of the
reviewed databases, CA found no evidence in the reports to indicate or suggest that any of the
listed sites in the surrounding area have directly or negatively affected conditions at the subject
property or are indicated to be RECs related to the subject property.
Cashin Associates,P.C. •Engineering •Planning •Construction Management
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The findings of CA's Phase I Environmental Site Assessment identified the following
_regarding the subject property:
Recognized Environmental Conditions (RECs)
None identified.
Historical Recognized Environmental Conditions (HRECs)
None identified.
Controlled Recognized Environmental Conditions (CRECs)
None identified.
De Minimis Conditions
None identified.
Business Environmental Risk Issues(BER s)
Potential Asbestos-Containing Materials (AGMs) and Lead-Based Paint(LBP): The original
age of the subject building (pre-1962) indicates that ACM may be present in both exposed and
unexposed building construction materials and components, and that lead-based paint may also
be present. The exterior of the cottage is sided with.asbestos shingles, but there were no other
obvious signs of suspect ACM observed during the site inspection. Lead paint and asbestos
investigations should be performed prior to any major renovation or demolition to identify
abatement needs.
Cashin Associates,P.C. 0 Engineering 0 Planning •Construction Management
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Other site issues relating to environmental conditions
Out-of-Use Groundwater Supply Well: The subject property contains a former on-site
groundwater irrigation well located at the southwest corner of the property. The well appears to
be in poor condition, and there is no pump or other equipment present. If the well is not going to
be returned to service, it is recommended that this former/out-of-use water supply well be
properly closed/decommissioned per the NYSDEC guidelines regarding such action.
Wetlands and Flood Hazard Area: The eastern portioniboundary of the subject property lies
adjacent to tidal wetlands and a flood hazard area associated with Deep Hole Creek which
bounds the property to the east. This wetland and flood hazard area appear to extend onto the
subject property, although field survey would be needed to identify the actual property line. The
presence of the wetland and flood hazard area could place restrictions on future activities or
construction at the property, or may require special planning, permitting or insurance
requirements.
Underground Heating Oil Storage Tank: The cottage is heated with No. 2 fuel oil stored in a
below ground tank. The tank appears to be a single-wall steel construction and relatively old.
The tank was holding oil at the time of the inspection. However, old single-wall steel tanks pose
a risk of leakage and subsurface contamination. It is recommended that the tank be replaced by a
new double-wall underground tank or an aboveground tank.
Historic Agricultural Use - Due.to the historic agricultural use of the subject property and
- adjoining/nearby properties, it is assumed that pesticides, herbicides and fertilizers were used
Cashin Associates,P.C. •Engineering •Planning •Construction Management
ES-4
over a prolonged time period. Regional contamination of shallow groundwater from pesticide
use has been thoroughly documented for much of eastern Long Island. Soil contamination has
also been documented for lands under long-term agricultural use. Site specific investigation
including sampling of soils would be needed to determine the extent to which long-term on-site
and adjacent agricultural uses have affected soils and possibly groundwater at the site.
Cashin Associates,P.C. i Engineering •Planning •Construction Management
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National Transportation Dataset;USGS Global Ecosystems; U.S.Census
Bureau TIGER/Line data, USFS Road Data; Natural Earth Data;U.S.
Department of State Humanitarian Information Unit;and NOAA National
Centers for Environmental Information,U.S.Coastal Relief Model.Data
refreshed August,2021.
N TOPOGRAPHIC LOCATION MAP
Property at New Suffolk Avenue
Mattituck, IVew York
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ENGINEERING p NINQ'-CON"RUCTION MAMAOEMFNT
SCTM # 1000- 115- 10-01
Natior{,..1 Flood Hazard Layer FIRMette FEMA Legend
72'31'21'W 40°59'44"N SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
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Zone A,V A99
jI SPECIAL FLOOD With BFE or Depth Zone AF.Ao.AN,VE.AR
HAZARD AREAS Regulatory Floodway
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FLOOD HAZARD Area with Flood Risk due to Leveeznnc o
AREA OF MINIMAL FLOOD HAZARD
NO SCREEN Area of Minimal Flood Hazard zone
Zone X=
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OTHER AREAS Area of Undetermined Flood Hazard zo,e u
GENERAL -—-- Channel,Culvert,or Storm Sewer
STRUCTURES 111 1 1 1 1 Levee.Dike,or Floodwall
&-92.2 Cross Sections with 1%Annual Chance
17.5 Water Surface Elevation
Torn of Southold a- - Coastal Transect
... Base Flood Elevation Line(BFE)
360813 ZOFI@�� _- Limit of Study
�ELj6�F8@t� Jurisdiction Boundary
----- Coastal Transect Baseline
OTHER _ Profile Baseline
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FEATURES Hydrographic Feature
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{ MAP PANELS Unmapped
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The pin displayed on the map is an approximate
point selected by the user and does not represent
an authoritative property location.
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This map complies with FEMA's standards for the use of
digital flood maps if it is not void as described below.
The basemap shown complies with FEMA's basemap
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l The flood hazard information is derived directly from the
l authoritative NFHL web services provided by FEMA.This map
{ was exported on 9/15/2021 at 10:42 AM and does not
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reflect changes or amendments subsequent to this date and
time.The NFHL and effective information may change or
become superseded by new data over time.
This map image is void if the one or more of the following map
elements do not appear:basemap imagery,flood zone labels,
legend,scale bar,map creation date,community identifiers,
C 72°30'44"W 40°59'16"N FIRM panel number,and FIRM effective date.Map images for
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0 250 .500 1,000 1,500 2,000 regulatory purposes.
Basemap:USGS National Map:Orthoimagery:Data refreshed October,2020
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RESOLUTION 2021-886
ADOPTED DOC ID: 17501
t"
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-886 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 16, 2021:
RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and
Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold
hereby sets Tuesday, November 30, 2021 at 7:00 p.m., Southold Town Hall, 53095 Main
Road, Southold, New York as the time and place for a public hearing for the purchase of a
development rights easement on property owned by Peconic Land Trust, Incorporated, as
Contract Vendee (Koehler Family Limited Partnership). Said property is identified as part of
SCTM#1000-115.-10-1. The address is 4180 New Suffolk Avenue in Mattituck. The property is
located in the R-80 Zoning District and is situated at the southeasterly corner of Marratooka
Road and New Suffolk Avenue in Mattituck, New York. The proposed acquisition is for a
development rights easement for agricultural purposes on a part of the property consisting of
approximately 11.9± acres (subject to survey) of the 15± acre parcel.
The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land
Preservation Committee and the property owner. The easement will be acquired using
Community Preservation Funds. The purchase price is $69,000.00 (sixty-nine thousand dollars)
per buildable acre, estimated at$821,100.00 (eight hundred twenty-one thousand one hundred
dollars) for the 11.9 acre easement. The purchase price is below that of the value indicated in
the Town's commissioned appraisal. Purchase price will be adjusted at time of closing based on
final survey acreage determination, plus acquisition costs.
The property is listed on the Town's Community Preservation Project Plan.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned
parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375
Route 25, Southold, New York, and may be examined by any interested person during business
hours.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:Sarah E. Nappa, Councilwoman
AYES: Nappa, Dinizio Jr, Doherty, Evans, Russell
ABSENT: Robert Ghosio
1
I COUNTY OF SUFFOLK: STATE OF NEW YORK
TOWN OF SOUTHOLD
2 --------------------------------------------------
TOWN OF SOUTHOLD
3 REGULAR TOWN ' BOARD MEETING
PUBLIC HEARING' S
4 --------------------------------------------------
5
6 Southold, New York
7 November 30, 2021
7:00 P.M.
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11 B E F 0 R E:
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13 SCOTT A. RUSSELL, SUPERVISOR
14 LOUISA EVANS, BOARD MEMBER
15 JILL DOHERTY, BOARD MEMBER
16 JAMES DINIZIO, JR. , BOARD MEMBER
17 ROBERT GHOSIO, BOARD MEMBER
18 SARAH NAPPA, BOARD MEMBER
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_ 1 KOEHLER DEVELOPMENT- RIGHTS EASEMENT
2 COUNCILMAN ROBERT GHOSIO: Notice is
3 hereby given resolved that pursuant to the
4 provisions of Chapter 17 Community
5 Preservation Fund and Chapter 70,
6 Agricultural Lands of the Town Code, the
7 Town Board of the Town of Southold hereby
8 sets Tuesday, November 30th at 7:00 P.M. at
9 Southold Town Hall, 53095 Main Road in
10 Southold, New York as the time and place for
11 a Public Hearing for the purpose of
12 development rights easement on property
13 owned by the Peconic Land Trust Incorporated
14 as contract vendee- for the Koehler Family
15 Limited Partnership. And I will read the
16 summary of this . The purpose of this Public
17 Hearing is to hear the public interest on
18 the Town' s purchase of development right ' s
19 easement proposed SEQRA determination for
20 property located at 4180 New Suffolk Avenue
21 in Mattituck. And identified on the SCTM
22 No. 1000-115-10-1 . If the Town Board adopts
23 the proposed resolution, the Town would,
24 elect to propose development 'right ' s on the
25 property for agricultural purposes. in
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_ 1 addition, this would be classified as an'
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2 unlisted action pursuant to the SEQRA Rules
3 and Regulations and the Town Board would,
4 make the determination that there is no
5 significant impact on the environment and
6 declare a negative declaration for SEQRA
7 rules and regulations for this action. :The
8 purposed acquisition is for development ''
9 right' s easement for agricultural purposes
10 on part of the property consisting
11 (inaudible) 11.9 acres of the approximate 15
12 acre parcel. The easement will be acquired
13 using Community Preservation Funds. The
14 purchase price is $69,000 per buildable
15 acre, estimated at $821,100. The Land
16 Preservation Committee has reviewed the
17 application for the acquisition and
18 recommends that the Town Board acquire the
19 easement. A full text of the proposed Local
20 Law is available for review in the Town
21 Clerk' s office and the Town Board website.
22 I do have a signed affidavit, notarized,
23 that this has been noticed in the Town
24 Clerk' s office and bulletin board. And I
25 also have a receipt that this has been
4
1 noticed in the Time ' s Review and Suffolk
2 Times, and that 's it.
3 SUPERVISOR SCOTT RUSSELL: Would
4 anybody, like to address the Town Board on
5 this --
6 MS. SPIRO: Sure. Melissa Spiro,
7 Land Preservation Coordinator. I am really
8 glad to be here tonight as part of the
9 efforts to preserve this property. In June,
10 conditional final approval was granted for 7
11 lot full yield residential subdivision. '
12 Neighbors and others from the greater
13 community got together and worked with the
14 Peconic Land Trust to raise substantial
15 funds to facilitate the preservation of -the
16 property. A component of the ( inaudible) is
17 in the Town' s purchase of development
18 right' s easement for Ag purposes on part of
19 the property. The Peconic Land Trust is in
20 contract with the current land owner,
21 Koehler Family Limited Partnership to
22 purchase the entire property. And after the
23 conclusion of this hearing, the Town will
24 execute a contract with the Peconic Land
25 Trust as contract vendee to purchase the
5
1 development rights on about 11 . 9 acres give
2 or take. The map in front shows the
3 property and area to be preserved is in
4 green. The development area of about two
5 acres, including (inaudible) Creek frontage
6 has been excused from the development rights
7 purchase. This area will remain attached to
8 and be prohibited from being subdivided -from
9 the areas subject to the development rights
10 easement. The development rights is -- is a
11 little bit hard to see on the map. The
12 property as it exist today encumbered upon
13 an existing access easement from New Suffolk
14 Avenue to a separate residential property
15 also fronting on DeBolt Creek. A second
16 area, a strip of land, belongs to
17 (inaudible) Marratuka Road, shown in pink.
1s Bard to see. It' s on the south side of the
19 property. It' s also being excluded from the
20 development rights easement area to allow
21 for the potential relocation of this access
22 easement. The exact width and shape of this
23 access strip is still under review. It -may
24 change slightly from that shown on the map.
25 The exact dimensions of the area will be
6
1 determined when we get a surveyor. We thank
2 the current land owner for giving the trust
3 and Town and the community the opportunity
4 to .preserve this property. Holly Sanford of
5 the Peconic Land Trust has been working
6 non-stop to make this happen. And I thank
7 her for her hard and persistence to all
8 aspects of this effort. The combined
9 efforts of the Trust and the community and
10 the Town, have made this project on a
11 somewhat smaller parcel an area not totally
12 surrounded by agriculture work.
13 Preservation in place of the 7 lot
14 residential subdivision contributes to
15 quality of DeBolt Creek, preserving farmland
16 and preserving the community character o;f
17 this specific area. As noted in the hearing
18 notice, the Town' s purchase of community
19 preservation funds and as (inaudible) of
20 $69,000 an acre. The Land Preservation
21 Committee and I both support this
22 acquisition as its presented and recommend
23 that the Town Board proceed with the
24 acquisition. I am here to answer any
25 questions if you have any.
7
1 SUPERVISOR SCOTT RUSSELL: Would
2 anybody like to address the Town Board on
3 this particular Local Law?
4 MS. SANFORD: Good evening. This is
5 Holly Sanford, resident of Southold Town. I
6 am here on behalf of Peconic Land Trust ,to
7 voice our strong support for this
8 acquisition. The Peconic Land Trust has
9 been fortunate to work with the Koehler
10 Family and local residents on this important
it community based preservation project located
12 on DeBolt Creek in Mattituck. Initially
13 just 11 months ago by a handful of concerned
14 citizens, this conservation project quickly
15 changed momentum by grassroots efforts,
16 which now boasts over 102 donors and
17 supporters throughout the North Fork. We 're
18 so appreciative to the Koehler Family for
19 allowing is to explore the potential
20 protection for this property. Especially
21 helping obtain all of the necessary
22 approvals for a 7 lot subdivision. A
23 process that took the Koehler' s almost 8
24 years. In addition, we would like to thank
- � 25 them for agreeing to lower the sale price,
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1 which reduced our overall costs and
2 represents a substantial commitment to
3 community. The Trusts also wants to thank
4 the Southold Town Board, Planning Department
5 and Land Preservation Department for their
6 work on this conservation opportunity.
7 Particularly Melissa 'Spiro for her work with
8 the Land Preservation Committee and her
9 availability to resolve matters and move
10 this project along. Our thanks go out to
11 Supervisor Russell and the entire Board to
12 their commitment towards conservation.
13 Peconic Land Trust looks forward to future
14 similar collaborations and land owners, the
15 community and the Town to protect North Fork
16 Land and vital quality now and for future
17 generations.
18 UNKNOWN FEMALE: I have Dellaquila on
19 Zoom. Please state your --
20 MS. DELLAQUILA: Good evening
21 everybody. Am I able to talk now?
22 SUPERVISOR SCOTT RUSSELL: Yes . We
23 just need .a name and the hamlet for the
24 record?
25 MS. DELLAQUILA: My name is Denise
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1 Dellaquila and I live in Mattituck, New
2 York.
3 SUPERVISOR SCOTT RUSSELL: Thank you.
4 MS . DELLAQUILA: As a member of the
. 5 North Fork community, I want to thank the
6 Town Board for protecting what was once ;a
7 community farm. Initially this was an
8 unlikely conservation project but you, the
9 Board, responded to the communities mind to
10 protect this. I support the purchase of
11 development rights on the property because I
12 believe it is important to maintain farm V
13 land and community character throughout
14 Southold Town. And thank you from the
15 bottom of my heart and from every single
16 person on the North Fork for taking action
17 to preserve this action. Thank you. Thank
18 you. Thank you. Bravo. Bravo. Bravo.
19 Thank you so much.
20 SUPERVISOR SCOTT RUSSELL: Thank you.
21 Is there anyone else that would also like to
22 address the Town Board on this --
23 MS. MCCALL: Hi. My name is Carolyn
24 McCall and I live in Cutchogue. And I want
25 to add to the Bravo's and the thank you' s .
10
1 We have worked so hard to preserve those
2 parcel and it would not be possible without
3 your support through the community
4 preservation fund. So I am so very deeply
5 grateful to all of you. And I want to thank
6 you and add to those bravo' s.
7 MS . STRONG: Hi. Good evening. 'This
8 is Joni Strong and I am from Mattituck. I
9 wanted to thank the Board for their interest
10 in protecting the integrity of the North
11 Fork. Having lived on the South Fork for
12 over 25 years, I watched the decline of
13 public land, public safe and farm land, and
14 I am so proud to be a member of a- community
15 with a Board that is keeping their eye on
16 what is important in the community. I know
17 this project was originally an unlikely
18 preservation project. I believe that -- for
19 several reasons, which I won 't go into but I
20 just wanted to say I so appreciate what '
21 you ' re doing and I know the community will
22 appreciate it and the public trust will keep
-23 its integrity. So thank you again for all
24 that you have done.
25 SUPERVISOR SCOTT RUSSELL: Thank you.
i
11
1 Is there anybody in the room that would like
2 to comment on this particular --
3 MR. MCCARTRY: Yes. Tommy McCarthy,
4 Southold. I am familiar with the project.
5 I did not come here to speak about the
6 property -but I am glad to see it' s on the
7 agenda. To Holly' s point and to Melissa ' s
8 point before, there is about 8 years of
9 development into this property. And I was i
10 charge of 7 of those years and looking into
11 the water and development work with the
12 agencies and Board' s in Town. And there was
13 consistent feedback about preservation all
14 along. And I will say that the Planning
15 Board when they got it, they were very
16 cognizant and how it was going to be
17 developed under the existing rights of the
18 owner. So the Planning Board really didn 't
19 their job ( inaudible) with that being said,
20 I am certainly at the point of preservation.
21 And even though we worked on it for many
22 years, I am very happy to see it preserved
23 because it's a really beautiful piece of
24 farmland. I commend everyone who got it to
25 this point. Congratulations.
12
1 UNKNOWN FEMALE: We have one more
2 hand raised at the Zoom. I am not sure of
3 your name. It' s under your e-mail address.
4 Please state your name and hamlet you are
5 from?
6 MS. RUSSAN: Good evening. I am
7 sorry about that. My name is Michelle
8 Russan and I live in North Fork. On behalf
9 of the North Fork Civic Association, I want
10 to thank the Southold Town Board for
11 protecting a very special parcel on the '
12 North Fork. We (inaudible) effort to
13 purchase the development rights of this
.14 beautiful piece of land. We believe in
15 preservation and your actions in the
16 interest of community character, deserves
17 our (inaudible) and gratitude. Thank you.
18 SUPERVISOR SCOTT RUSSELL: Thank you.
19 UNKNOWN FEMALE: And I have Carolyn
20 LoCastro.
21 MS. LOCASTRO: Hi. I just wanted to
22 reiterate that there was a huge effort and
23 it' s wonderful that the Town is responding
24 so wonderfully to the preservation of the
25 land in our area. I am from Mattituck. I
13
_ 1 live near the parcel. And I have always
2 admired that open vista. And I am thrilled
3 that it' s going to maintain its character
4 and everyone 's efforts. So thank you very
5 much.
6 SUPERVISOR SCOTT RUSSELL: Thank you.
7 All right. I am going to ask anybody in the
8 room, would anybody like to comment on this
9 particular Local Law -- sorry, Public
10 Hearing? Anybody else in Zoom Land?
11 UNKNOWN FEMALE: Nobody else on Zoom.
12 COUNCILWOMAN JILL DOHERTY: Motion to
13 close the hearing.
14 COUNCILMAN ROBERT GHOSIO: Second.
15 SUPERVISOR SCOTT RUSSELL: All in
16 favor?
17 COUNCILWOMAN SARAH KAPPA: Aye.
18 COUNCILMAN JAMES DINIZIO JR. : Aye.
19 COUNCILWOMAN JILL DOHERTY: Aye.
20 COUNCILMAN ROBERT GHOSIO: Aye.
21 JUSTICE LOUISA EVANS: Aye.
22 SUPERVISOR SCOTT RUSSELL: Aye.
23
24 CHAPTER 280 .
25 COUNCILMAN ROBERT GHOSIO: Notice is
}
14
1 hereby given here has been presented to the
2 Town Board of the Town of Southold, Suffolk
3 County, New York, on the 1911 day of October,
4 2021 , a Local Law entitled "A Local Law in
5 relation to Amendments to Chapters 280-13 ,
6 280-17, 280-38, 280-41, .280-44 , 48, 58 and
7 62 , each entitled Use Regulations" And
8 Notice is Hereby Further Given that the Town
9 Board of - the Town of Southold will hold a
10 public hearing on the aforesaid Local Law at
11 Southold Town Hall, 53095 Main Road in
12 Southold, New York, on the 30th day of
13 November, 2021 at 7: 02 P.M. , at which time
14 all' interested persons will be given an
J
15 opportunity to be heard. And I will read a
16 summary on this as well.
17 The proposed Local Law for which a
18 Public Hearing is being held this evening
19 proposes to amend several sections of 280 of
20 the "Town Code entitled, Zoning. The purpose
21 of the amendment is to address issues of
22 conversion existing space into apartments,
23 as well as, conversion and expansion space
24 for the same purpose. Existing if the
25 amendments were adopted, would amend several
15
1 sections of 280 to establish or amend
2 several ( inaudible) with regard to the
3 creation of apartments ' in several zoning.
4 The proposed Local Law is available for ,
5 review in the Town Clerk' s office and the
6 Town ' s Clerk website. I do have a notarized
7 affidavit that this was in fact notarized on
8 the Town Clerk' s bulletin board and website.
9 I have a copy of the legal notice that this
10 was advertised and noticed in the New London
11 Day, as well as, the Suffolk Times. And it
12 was posted on the Fisher ' sIsland.net
13 website, and we have a letter from the
14 County of Suffolk. I believe this is the
15 Peconic Planning and Development, that
16 pursuant to Planning Commission, that there
17 is county wide (inaudible) and impacts and a
18 decision of local determination should not
19 be considered as an approval or disapproval.
20 And I do have a memorandum from the Planning
21 Board office, that I believe outlines some
22 -- a few concerns that we discussed at the
23 work session this morning but it was in
24 support of what we were trying to do. That
25 is all I have.
16
1 SUPERVISOR SCOTT RUSSELL: Is there
2 anybody that would like' to address the Town
3 Board?
4 MS. MOORE: Patricia Moore, as a -
5 local attorney. Someone who often times has
.6 to review the code for clients that are
7 interested in providing affordable housing.
8 One is a question, when I was reading the
9 Local Law, it wasn't clear on how it was
10 described. Throughout the code it lists it
11 as a permitted use and a permanent use.
12 Bill,, can you explain why it ' s in both
13 places?
14 MR. DUFFY: If you're converting a
15 building without expanding it, it ' s a
16 permitted use. If you' re converting a
17 building and expanding a building, then 'it's
18 a special permitted use.
19 MS . MOORE: Okay. Thank you. I did
20 not catch that difference. Thank you very
21 much. So my other point is, I am generally
22 in favor of this, but I am observing from
23 clients that are looking to do this kind of
24 thing, what they' re faced with, is the cost
25 of first building out a building. That it
17
_ 1 might be• a commercial building because
2 (inaudible) but they're not suitable to
3 redesign for the apartments. So in general,
4 the whole plan makes more sense, get rid of
5 the whole building. Some instances, they' re
6 somewhat delipidated and build a new
7 building. But what they ' re facing is, they
8 have to first build a building, get a
9 Certificate of Occupancy from the building.
10 Then come back and ask to put the apartments
11 in the building. That creates not only
12 logical bureaucracy and just a lengthy
13 process, it ' s a tremendous amount of
14 expenses. Here is somebody who really wants
15 to provide for affordable housing. The
16 property is suitable. It meets all the
17 criteria. And what they are having to do is
18 build an entire building. And as you know,
19 when you' re building something, you want to
20 frame out the plumbing, the electric, the
21 heating, for whatever use you' re planning to
22 run. And what is happening is, essentially
23 they're going to be doing the whole project
24 twice. That is not conducive to providing
25 affordable housing. While I know you're
18
1 trying to focus on existing buildings, I
2 think you should leave the possibility of
3 building a new building for the purposes of
4 apartments. The area within the zone is
5 quite restricted. It 's a small area when
6 you 're looking for properties to convert.
7 To build on. There .are not that many. ISome
8 development rights were sold. There are not
9 that many properties. There are not that
10 many people interested in committing to
11 affordable programs. So I really -- i.t'•s a
12 frustrating process to go through twice., We
13 have that in the accessory apartments for
14 family in accessory buildings. Where
15 clients have to build their frame. Don't do
16 anything. Send away their contractors. ' Get
17 their C of O' s. Then come in and put in an
18 apartment for their member. It 's a
19 tremendous burden and very consuming and.
20 expensive process. It's not the way we
21 encourage affordable housing -- discourage
22 of affordable housing. So I would ask that
23 you please consider that when you're
24 adopting legislation. Thank you.
25 SUPERVISOR SCOTT RUSSELL: Anybody
19
_ 1 else like to comment on this particular
1 1
2 Local Law?
3 I do think we had some discussions.
4 That is probably going to make some changes
5 of the law that would have to be a bit
6 substantial. And we we ' ll certainly have to
7 have another Public Hearing. So certainly
8 any input you would like to put in tonight
9 can be factored in as we seek to redraft
10 some of the components.
11 MS. MOORE: Thank you.
12 SUPERVISOR SCOTT RUSSELL: Yes, Tom?
13 MR. MCCARTHY: Tom McCarthy,
14 Southold. I want to echo Pat' s comments and
15 reiterate them. I think that the code
16 evolves over time and doesn ' t see a clear
17 path as things are amended, as ' we go. So if
18 we add to her point, the ability to have
19 these permitted apartments from the get-,go,
20 conversion and expansion, I think would be a
21 streamline process . And I am presently in
22 the throw' s of the accessory apartment snafu
23 with you. I have to go for a Special
24 Exception as storage or unfinished space.
25 Then go back in order to have standing in
20
1 front of the Zoning Board for the Special
2 Exception use. I think things moving
3 forward, the New Year, perhaps the Board
4 would be open to some suggestions in
5 streamlining that. It' s very expansive 'and
6 you don't have an answer. Even though it 's
7 this ( inaudible) building, you don't have an
8 answer until the approval. The Zoning Board
9 for the Special Exception. Even though
10 you' re putting out a tremendous investment
11 with the hopes of you will be able to obtain
12 a special permit. Pat did a great job
13 there. And I would echo that for allowing a
14 permitted use on the grounds: ( Inaudible)
15 definitions of demolition in the Town Code,
16 if you take down more than 50% , you may be
17 in a demolition circumstance, where this
18 might not apply in the effort to create
19 affordable housing. So you are caught in
20 the middle if it' s not a specific
21 conversion.
22 SUPERVISOR SCOTT RUSSELL: I think
23 part of this was to remove a lot of special
24 exception requirements on the . zone and go as
25 a matter of right. Again, some discussion
21
1 might add to the process because some of
l - " 2 this might impact the process. So there is
3 -- but we do 'want to look as a matter of
4 right. If there is a ground interest, apply
5 for a HAZ (sic) which would allow you to do
6 those things.
7 MR. MCCARTHY: I think that is a good
8 idea. Certainly something that is good. I
9 think it makes a cleaner path. And if
10 you' re trying to encourage someone to invest
11 in the community, and I believe as making it
12 as accomplishable as possible. if you had
13 to go HAZ, it' s just another step along 'the
14 way. You may have additional density on
15 your building. You may say I have a retail
16 store and I have enough land area or perhaps
17 you can build a whole new slue of affordable
18 apartments in this, but this legislation as
19 drafted, doesn't give us -- you know, some
20 difficulties.
21 SUPERVISOR SCOTT RUSSELL: You know,
22 flooding zones are recognized as a planning
23 tool throughout the State of New York.
24 Certainly, you know, the test of time.
- , 25 Again, if you want to go ground up -- I have
22
1 to remember, part of the goals here were to
2 -- compelling of what we thought were goals,
3 was to use vacant commercial inventory out
4 there. You have to remember, this law only
5 requires that you maintain affordable
6 apartments for 8 years. (Inaudible) you lose
7 the right to apartments. That is the quid
8 pro quo. After 8 years you can still keep
9 them, but. they have to be affordable once
10 you keep them. I think there is a public
11 misunderstanding. I think the idea was to
12 accomplish two goals. Under invested in and
13 vacant inventory. And that was part of what
14 we wanted to do at the time. if we go from
15 ground up, that is something to consider.
16 But at the end of the day, what are you
17 building? A commercial building or an
18 apartment building? If you're building an
19 apartment building, then you just committed
20 yourself, in terms of construction, you
21 basically committed yourself to an
22 apartment, you know, building. So the HAZ
23 zone is a cleaner way to go.
24 MR. MCCARTHY: I understand. I would
25 just encourage the Board to look at perhaps
23
1 another tool in the tool box, because you
2 may have the ability say in the Hamlet
3 Business Zoning Category (inaudible) , 10,000
4 feet per use or per structure. So you can
5 quite conceivably have a retail store front
6 and have some available land behind and this
7 legislation, all well meaning, but doesn' t
8 allow that applicant to go and have a
9 detached structure away from the commercial
10 structure to a garden apartment that is
11 affordable. So to just think about it in
12 that regard, it may be a little more
13 accomplishable and get the boots on the
14 ground.
15 SUPERVISOR SCOTT RUSSELL: We will
16 bring that into the discussion. Like I
17 said, we' re going to make revisions and have
18 a new hearing.
1.9 COUNCILMAN ROBERT GHOSIO: It ' s a
20 good point. I hadn't thought of that
21 either.
22 COUNCILMAN- JAMES DINIZIO JR. : It' s a
23 good point. People don't realize, what
24 you ' re doing is basically say, this is in
- \ 25 the code. But it has to be existing and you
24
1 know, you 're saying someone can build
1
2 something and couldn't put the plumbing in
3 because they couldn't get the CO if they
4 wanted to. Sheetrock and insulate and put
5 the plumbing. That doesn't --
6 MR. MCCARTHY: -- make sense in any
7 way. Jim to that point, that would be an
8 accessory apartment to an accessory
9 structure. So that it has evolved into the
10 years that we allow -- you can 't build it
11 with an accessory apartment in it as a
12 right. You have to get the CO and then •go
13 back for the special exception. So that is
14 where it becomes costly.
15 SUPERVISOR SCOTT RUSSELL: If we just
16 bundle those together. So you can go for
17 the accessory apartment and the accessory
18 structure, subject to ZBA approval?
19 MR. MCCARTHY: Yeah. You don 't have
20 standing to go to the ZBA, as the code is
21 written, unless you have a Certificate -
22 SUPERVISOR SCOTT RUSSELL: -- if we
23 change the code and give you that path.
24 MS. MOORE: That certainly makes it
25 at least there.
25
1 SUPERVISOR SCOTT RUSSELL: That is an
2 issue that we will take up separate. We
3 will try to get this issue done first and
4 then that is something to talk about.
5 MR. MCCARTHY: Thank you.
6 SUPERVISOR SCOTT RUSSELL: Just to go
7 back to the accessory apartments. There was
8 a paragon shift. In fact, we drafted that.
9 At the time it was to allow residential use
10 in the structures. And that was never
11 allowed previous. But one of the things
12 that we tried to do was to say, look, we
13 don 't really want construction. We don '.t
14 want -- we don't want people creating family
15 compounds in all these things and addressing
16 the affordable housing goals. That is why
17 we put in there that you had to have an
18 existing garage. It didn't change it
19 because I think the garage has to be before
20 a , certain date. We tried to loosen it quite
21 a bit, you know, but again, one of those
22 attempts at the time was to say, look, we 're
23 going in a very new direction here. So
24 let ' s put some governors in place. So it
25 doesn 't become, I have 3 acres, I am going
l -
26
1 to build 4 or 5 separate structures .becau•se
2 I have 3, 4 or 5 family members. ' Then it
3 becomes a family compound. Certainly
4 something _very difficult for us to manage.
5 MR. MCCARTHY,: Understood. And I
6 have watched that code evolve over the past
7 20 to 30 years and had a voice with yourself
8 and others at the dais. And I think that
9 word has reacted and led the way to be an
10 instrument of change as we needed it. And
11 we need it more now, which is really
12 important. And one thing that I would like
13 to add, is that in order for some of these
14 things to (inaudible) that we create a clear .
15 path, if possible, for any affordable
16 housing. Some of the buildings may be over
17 density for Suffolk County Article VI. So
18 if there is a clear path or paper put
19 together for the applicants, that could
20 •reach out to the Board and say that, I would
21 love to do this to a new building and put in
22 2 or 3 affordable apartments in the downtown
23 level, where we want to do it, but we can't
24 do it because we ' re handcuffed at the County
25 level. And the Town being the resolutory
27
( R
11 affordable housing credits, I think if they
_(
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2 were to reach out to the County or just
3 create something for a streamline process to
4 be able- to give or whatever the thoughts is,
5 these things have to come hand and hand for
6 this to work in'' the hamlet.
7 SUPERVISOR SCOTT RUSSELL: Right now
8 you can come to the Town and acquire the
9 credits. You can purchase them. I am not
10 sure --
11 MR. MCCARTHY: Perhaps it' s not known
12 by all,
( 13 SUPERVISOR SCOTT RUSSELL: So it ' s an
14 outreach. Okay.
15 MR. MCCARTHY: I think so. Outreach
16 is a great word for it. But I think there
17 are some people that look at the code and
18 not necessarily know. If they look at one
19 chapter, maybe this is an accomplished goal
20 or not. I think all of us as community
21 members want to see units on the ground and
22 the more education we have to the applicants
23 and the more than we can share to the Health
24 Department, I think is one issue. Stop sign .
25 is going to be an issue with they get to the
28
r
1 County. If we can make that a yield sign --
2 SUPERVISOR SCOTT RUSSELL: I know. I
3 have spent hours and hours talking to the
4 two Walter' s up there. And I am sure you
5 know the two that you have dealt with. We
6 have made a lot of headway, thanks to
7 Michael Collins and his persistence. So we
8 have made a lot of headway with the County.
9 But the County, no doubt, they 're a big red
10 stop sign. It ' s a little bit different than
11 they use to.
12 MR. MCCARTHY: I think that is great.
r' 13 Again, get this on the ground. It' s going
14 to be a partnership with- the County and
15 perhaps something even with the Building;
16 Department.
17 SUPERVISOR SCOTT RUSSELL: Good idea.
18 MR. MCCARTHY: I think we can get the .
19 ground running.
20 SUPERVISOR SCOTT RUSSELL: Thank you.
21 Anybody else like to address the Board on --
22 COUNCILWOMAN JILL DOHERTY: I do want
23 to thank Tom and Pat for coming out and
24 voicing their opinions on this. When we
25 redo the code, we 're not in the field on
t
29
rI 1 your side. So we value your opinion and
2 taking the time to come.
3 SUPERVISOR SCOTT RUSSELL: I want to
4 thank you too, because I know you both are
5 so shy.
6 Anybody else?
7 COUNCILWOMAN JILL DOHERTY: I will
8 make a motion to close the hearing.
9 COUNCILMAN ROBERT GHOSIO: Second.
10 SUPERVISOR SCOTT RUSSELL: All in
11 favor?
12 COUNCILWOMAN SARAH NAPPA: Aye.
13 COUNCILMAN JAMES DINIZIO JR. : Aye.
14 COUNCILWOMAN JILL DOHERTY: Aye.
15 COUNCILMAN ROBERT GHOSIO: Aye.
16 JUSTICE LOUISA EVAN'S: Aye..
17 SUPERVISOR SCOTT RUSSELL: Aye.
18
19 (Public Hearing's Concluded. )
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1 C E R T I F I C A T I O N
2
3
4 I, JESSICA DILALLO, a Court Reporter
5 and Notary Public, for and within the State
6 of New York, do hereby certify:
7 THAT the above and foregoing contains a
8 true and correct transcription of the
9 Public Hearing held on November 30, 2021,
10 via videoconference, and were transcribed by
11 me.
12 I further certify that I am not
13 related to any of the parties to this.
1.4 action by blood or by marriage and that I
15 am in no way interested in the outcome of
16 this matter.
17 IN WITNESS WHEREOF, I have
18 hereunto set my hand this 30th day of'
19 November, 2021 .
20
21 Pk ,VV1
22 ssica DiLallo
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gUFfO�K RESOLUTION 2021-920
ADOPTED DOC ID: 17541
THIS IS TO C) RTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-920 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 30,2021:
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
the purchase of a development rights easement on a certain parcel of property owned by the
Peconic Land Trust, Incorporated, as Contract Vendee (Koehler Family Limited Partnership) on
the 30th day of November, 2021, at which time all interested parties were given the opportunity
to be heard; and
WHEREAS, said property is identified as part of SCTM #1000-115.-10-1. The address is 4180
New Suffolk Avenue in Mattituck. The property is located in the R-80 Zoning District and is
situated at the southeasterly corner of Marratooka Road and New Suffolk Avenue in Mattituck,
New York; and
WHEREAS, the proposed acquisition is for a development rights easement for agricultural
purposes on a part of the property consisting of approximately 11.9± acres (subject to survey) of
the 15± acre parcel. The exact area of the acquisition is subject to a Town-provided survey
acceptable to the Land Preservation Committee and the property owner; and
WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase
price is $69,000.00 (sixty-nine thousand dollars) per buildable acre, estimated at $821,100.00
(eight hundred twenty-one thousand one hundred dollars) for the 11.9± acre easement. The
purchase price is below that of the value indicated in the Town's commissioned appraisal.
Purchase price will be adjusted at time of closing based on final survey acreage determination,
plus acquisition costs; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan; and
WHEREAS, the purchase of the development rights on this property is in conformance with the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands
Preservation) of the Town Code, and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront
Consistency Review) of the Town Code and Local Waterfront Revitalization Program
("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the
LWRP; and
WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition,
and recommends that the Town Board acquire the development rights easement; and
Resolution 2021-920 Board Meeting of November 30, 2021
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase the development rights on this agricultural land; and,
WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted
Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and,
WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and
Regulations; and,
WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form
for this project that is attached hereto; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact
on the environment and declares a negative declaration pursuant to SEQRA Rules and
Regulations for this action; and, be it further
RESOLVED that .the Town Board of the Town of Southold hereby elects to purchase a
development rights easement on agricultural land owned by Peconic Land Trust, Incorporated, as
Contract Vendee (Koehler Family Limited Partnership), identified as part of SCTM #1000-115.-
10-1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency
Review) of the Town Code and the LWRP and the Town Board has determined that this action is
consistent with the LWRP.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Ghosio, Councilman
SECONDER:Sarah E. Nappa, Councilwoman
AYES: Nappa, Dinizio Jr,Doherty, Ghosio, Evans, Russell
Updated: 11/30/2021 3:17 PM by Lynda Rudder Page 2
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex �F S0 P.O. Box 1179
54375 State Route 25 O�� y�l Southold,NY 11971
(cor.Main Rd. &Youngs Ave.) O
Southold, NY Telephone: 631 765-1938
ww.southoldtownny.gov
• ao w
�y00UNT`I,��
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
I�C�C�C�OdCD
To: Scott Russell, Supervisor
Members of the Southold Town Board NOV 1 7 2021
From: Mark Terry, AICP LAND PRESERVATION DEPT
Assistant Town Planning Director Town of Southold
LWRP Coordinator
Date: November 17, 2021
Ede: SEQR Review for Purchase a Development Rights Easement on Property Owned by Peconic
Land Trust, Incorporated, as Contract Vendee (Koehler Family Limited Partnership)
SCTM#1000-115.40-1
The proposal involves the purchase of a development rights easement for agricultural purposes on a part
of the property consisting of approximately 11.9± acres (subject to survey) of the 15f acre parcel owned
by Peconic Land Trust, Incorporated, as Contract Vendee (Koehler Family Limited Partnership). Said
property is identified as part of SCTM#1000-115.40-1. The address is 4180 New Suffolk Avenue in
Mattituck. The property is located in the R-80 Zoning District and is situated at the southeasterly corner
of Marratooka Road and New Suffolk Avenue in Mattituck,New York.
The proposed action has been reviewed to New York State Department of Environmental Conservation
regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my determination that pursuant to
Part 617.5c(39), the action proposed is a Type II action and therefore not subject to SEQRA review.
617.5(c)(39) "an agency's acquisition and dedication of 25 acres or less of land for
parkland, or dedication of land for parkland that was previously acquired, or acquisition
of a conservation easement;"
Please contact me with any questions.
Cc: William Duffy, Town Attorney
OFFICE LOCATION: OF S0(/T�o MAILING ADDRESS:
Town Hall Annex P.O.Box 1179
54375 State Route 25 Southold, NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY 11971 G • @ Telephone: 631 765-1938
cDUNTN,N��
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM RGCE RVGD
To: Scott'Russell, Supervisor NOV 1 7 2021
Members of the Southold Town Board
From: Mark Terry, AICP LAND PRESERVATION DEPT
Assistant Town Planning Director Town of Southold
LWRP Coordinator
Date: November 19, 2021
Re: Proposed Purchase of a Development Rights Easement on a Property Owned by Peconic
Land Trust, Incorporated, as Contract Vendee (Koehler Family Limited Partnership)
SCTM#1000-115.40-1
The proposal involves the purchase of a development rights easement for agricultural purposes on a
part of the property consisting of approximately 11.9±acres (subject to survey) of the 15± acre
parcel owned by Peconic Land Trust, Incorporated, as Contract Vendee (Koehler Family Limited
Partnership). Said property is identified as part of SCTM#1000-115.40-1. The address is 4180
New Suffolk Avenue in Mattituck. The property is located in the R-80 Zoning District and is
situated at the southeasterly corner of Marratooka Road and New Suffolk Avenue in Mattituck,
New York.
The 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 as well as the records available to me, it is my recommendation that the proposed action
is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP.
Please contact me at(631) 765-1938 if you have any questions regarding the above
recommendation.
Cc: William Duffy, Town Attorney
Melissa Spiro, Land Preservation Coordinator
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CLOSING STATEMENT
PECONIC LAND TRUST, INCORPORATED (Koehler Property)
to TOWN OF SOUTHOLD
part of SCTM #1000-115.-10-1
Total Development Rights Easement— 12.1935 acres
Total Parcel Acreage — 14.94 acres
Premises: 4180 New Suffolk Avenue, Mattituck, New York
Contract Executed: December 8, 2021
Closing Date: June 28, 2022, 11:00 a.m.
Southold Town Hall Annex
Purchase Price of $841,351.50 (based upon 12.1935 acres buildable acres
@ $69,000 per buildable acre) disbursed as follows:
Payable to The Koehler Family Limited Partnership $ 841,351.50
Check #148821 (5/24/2022)
Expenses of Closing:
Appraisal
Payable to Andrew Stype Realty, Inc. $ 1,500.00
Check #146027 (6/29/2021)
Survey
Payable to Kenneth Woychuk Land Surveying PLLC $ 1,800.00
Check#148171 (3/1/2022)
Environmental Report (Phase I ESA)
Payable to Peconic Land Trust, Incorporated $ 700.00
(50% reimbursement— Cashin Associates, P.C.)
Check #148845 (5/24/2022)
Title Report #BAL5409S
Payable to Bridge Abstract $ 4,531.00
Check #148784 (5/24/2022)
Title Insurance Policy $ 3131
Bankruptcy & Patriot Searches $ 50
Recording Easement $ 450
Recording C&R's $ 550
Certified copies $ 50
Title closer attendance fee $ 300
Those present at Closing:
Scott A. Russell Southold Town Supervisor
Mary C. Wilson, Esq. (via Zoom, if needed) Attorney for Town of Southold
Heather A. Wright, Esq. Attorney for PLT
Holly Sanford PLT Project Manager
Steven Bodziner Title Company Closer
Melissa Spiro Land Preservation Coordinator
Melanie Doroski Land Management Specialist II
John Koehler Landowner
Bruce Kennedy, Esq. Attorney for Koehler
Rita Rooney Douglas Elliman Real Estate
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TOWN OF SO UTHOLD
VENDOR .04070 KOEHLER FAMILY LIMITED PTNRSHP 05/24/2022 CHECK 148821
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FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
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CM .8660.2.600.100 21-920 060922 SCTM#1000-115. -10-1 841,351.50
In
TOTAL, 841,351.50
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TO5yM IOoAoOo H 1179
OLD AUDIT 05/24/22` i•-.
SOUTHOLD,;NY 11971.0959 " CHECK NO. 148821
`< I THE SUFFOLK C0:NATIONAL BANK
CUTCHOGUE,NY 11935 DATE . AMOUNT
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• 05/2.4/2022 8413•51 50 ,':•'
_ 50=5461214_;: -
EIGHT! HUNDRED FORTY ONE THOUSAND THREE HUNDRED FIFTY ONE AN:D' S0/10-0:, DOLLARS.
AY. KOEHLER FAMILY LIMITED.PTNRSHP y.. :
TO THE• 4180.-NEW. SUFFOLK AVE
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; ORDER MATTITUCK NY�. 11952
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Andrew Stype Realty,Inc.
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FROM: INVOICE
Andrew Stype Realty,inc.
P0_,Box.6, r;
Mattituck;NY 11952• 2021Q99
6/7/2021
Telephone Numbei':•63149M760 'Fax Number: 631-298-5779
:W ,:.IIMEEEBENCir
TO: Intemil Order#:
Melissa Spiro-Land Preservation Coordinator Client File#:
Town,6f Southold
00$ox;1679 Main File 4 on form:
Southold,;,NY 91971 Qthdr f lle#ori form,
Telephone Number. 'Fax Number: Federal Tax ID:
Aitemalk Number: E-Mail: Employer ID:
REMOVED
JUN 1 0 2021
LAND
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Client: Melissa.Spiro-Town ofSouthold
Property Address:4180 New Suff6lk Avenue,
City: Matti16ck
County: Suffolk State: NY Zip: 11952
Legal Description: 1000-115-10-1
Koehler Family Limited Partnership
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real estate appraisal 1,500.00
:
SUBTOTAL 1,500.00
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Check#: Date: Description:
Check#: Date: Description:
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SUBTOTAL 0
- TOTAL DUE $ 1,500.00
Form NIV3 LT—''WinTOTAL°appraisal software by a la mode,inc.—1-800-ALAMODE
Toww OF SOVTHOLD
VENDOR 019764 Aftr]EW STYPE REALTY, INC. 06/29/2021 CHECK 146027
tk FUND & ACCOUNT P.O.# INVOICE DESCRIPTION
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AMOUNT
. CM .8660.2.500.200 34296 2021099 APRSL—KOEHLER PROPERTY 1,500.00
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TOTAL 1,500.00
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TOWN OF SQUtl�Qib'
53095 MAIN ROAD,,.PO BOX 111179
SOUTHOLD,NY,11'971-0959
' C 0:-'N'A''T 10 IN AL BANK
-61E SUFFOLK
- .
CUTCHOGUE,NY 11935 A
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Kenneth Woychuk Invoice
Land Surveying PLLC
P.O. Box 153 DATE INVOICE#
Aquebogue, NY 11931
Phone/Fax 631298-1588 2/3/22 8913
BILL TO
Town of Southold
PO Box 1179
Southold NY 11971
Job#
14-62
COMPLETED DESCRIPTION AMOUNT
Kohler Family Partnership -New Suffolk Rd&Marratooka 1,800.00
Rd, Mattituck(1000-115-10-01)
' Prepare Conservation Plan for 13 acre parcel
With new driveway access and meets &bounds
calculations for Developments rights area and Reserved area
(existing house)
Pdf,Autocad and (16)original stamped redline drawings
provided.
Total Due Upon Receipt $1,800.00
Your Prompt Payment is always appreciated.Additional
work will not be completed with outstanding balances.
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TOWN OF SO UTH'OLD
VENDOR 023670 KENNETH M WOYCHUK 03/01/2022 CHECK 148171
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FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
CM .8660.2.600.100 35535 8913 SRVY-1000-115-10-01-KHLR 1, 800.00
TOTAL r 1,800.00-
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' ENGINEERING• RLANNI RUCTION MANAGEMENT
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Holly Sanford
Peconic Land Trust
296 Hampton Road
PO Box 1776 September 20,2021
Southampton,NY 11969 Project No: 21000.034
Invoice No: 0821036
Phase I Environmental Site Assessment for property located at 4180 New Suffolk Avenue, Mattituck, NY
SCTM#1000-115-10-01
Professional Services from September 2.2021 to September 17,2021
Fee 1,400.00
Total this Invoice $1,400.00
1200 Veterans Memorial Highway-Hauppauge,NY 11789-631-346-7800-FAX 831-348-71301
www.casN assoaates.com
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TOWN OF SOUTHOLD
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VENDOR 016140 PECONIC LAND TRUST, INC. 05/24/2022 CHECK 148845
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
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CM .8660.2.600.100 21-920 821036 PHASE 1 ESA-KOEHLER 700.00
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TOTAL 700.00 '
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TOWN OF SOUTHOLD AUDIT. 05/24./22
_r I 53095 MAIN ROAD,PO'BOX 1179
SOUTHOLD,NY Ti 971.0959 CHECK:NO. .14884-5
THE SUFFOLK CUTCHOGUE,N�1N935 NAL BANK DATE AMOUNT
f '. .. 50-546/2714' 05`/2:4/2022 .. `.$700.00 -
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SEVEN..HUNDR'ED AND 00/100 'DOLLARS `•
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i TO THE 296:.HAMPTON ROAD w
ORDER
PO BOX '17 7 6 p'
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SOUTHAMPTON. NY 11969 .
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Bridge Abstract LLC
2200 Montauk Highway,P.O.Box 3031-Bridgehampton,New York 11932
` Phone(631)53 7-5 750 Fax(631)537-5679,
TO: Town of Southold TITLE NO. BAL5409S
DATE 6/28/2022
PREMISES: p/o New Suffolk Avenue
Mattituck
FEE asement 841351.50 $3131 00
MORTGAGE
ENDORSEMENTS
MUNICIPAL SEARCHES
BANKRUPTCY&PATRIOT SEARCHES 50 00*
SURVEY
STATE TRANSFER TAX
PECONIC TAX Exempt
MANSION TAX
MORTGAGE TAX
CLOSER GRATUITY 300 00
RECORDING FEES
DEED
MORTGAGE
POWERS OF ATTORNEY
ASSIGN OF L&Rs/255
1 GRANT OF DEVELOPMENT RIGHTS EASEMENT 450 00
1 DECLARATION OF COVENANTS AND RESTRICTIONS 550 00
ASSIGNMENT OF MORTGAGE
UNIT POWER OF ATTORNEY
2021/22 2nd %T&S TAXES
CERTIFIED COPIES 50 00
TAX SERVICE CHARGE
NYS SALES TAX on items marked b * Exem t
TOTAL PAYABLE TO: BRIDGE ABSTRACT LLC $4,531 00
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TOWN OF SOUTHOLD
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VENDOR 002635 BRIDGE ABSTRACT LLC 05/24/2022 CHECK 148784
i FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
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CM .8660.2 .600.100 21-920 BALS409S TITLE INSURANCE POLICY 3,131.00
CM .8660.2 .600.100 21-920 BAL5409S BANKRUPTCY/PATRIOT SRCHS 50.00
CM :8660.2.600.100 21-920 BALS409S RECORDING DEV RIGHTS EAS 450.00
CM . 8660.2.600.100 21-920 BAL5409S RECORDING C&RS 550.00
CM .8660.2.600.100 21-920 BAL5409S CERTIFIED COPIES 50.00
CM .8660.2.600.100 21,920,.-BSL-54:b-9S-`_ ;?-;- ,. TITLE CLOSER/ATTDNC FEE 300.00
\' TOTAL 4,531.00
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______________ ______________TOWN OF SOUTHOLDAUDIT .0'5 /2.4/22 .
53095;MAIN ROAD,PO BOX 1179
SOUTHOLD,NY 1197,110959 CHECK NO.- 148784O 1.•`•:
-' THE SUFFOLK C0:NATIONAL BANK
HOGUE l
NY 1 s3 DATE MOUNT •�'
i .. : uTC5o•5aslzta: :.... 05,:/2.4%2022,;:'' .00 .
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FOUR-THOUSAND FIVE HUNDRED..THIRTY,ONE::AND.:-0,0'/.100 'DOLLARS _.
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PAY. , BRIDGE ABSTRACT,.LLC .
-, TO THE.,' PO BOX 3031
ORDER: •
OF .2 2 0 0`.MONTAUK.HIGHWAY
BRIDGETHAMPTON NY 11932 _
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pis 148784is j:0 2 14054G41: 63 000004 Oil'
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1111111 Iflll IIIII IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 07/20/2022
Number of Pages: 23 At: 03:58:01 PM
Receipt Number : 22-0117687
TRANSFER TAX NUMBER: 21-42061 LIBER: D00013165
PAGE: 584
District: Section: Block: Lot:
1000 115.00 10 .00 001 . 000
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $841,351.50
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $115.00 NO Handling $20.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
TP-584 $5. 00 NO Notation
$0.00 NO
Cert.Copies $0. 00 NO RPT $200.00 NO
Transfer tax $0.00 NO Comm.Pres $0.00 NO
Fees Paid $360.00
TRANSFER TAX NUMBER: 21-42061
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
a
RECORDED
v 2022 Jul 20 03-58:01 PM
oerof pages / - JUDITH A. PASCALE
CLERK OF
- SUFFOLK COUNTS'
This document will be public L D00013165
record. Please remove all P 584
'Social Security Numbers DT# 21-42061
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES
Page/Filing Fee Mortgage Amt.
Handling 20. 00 1.Basic Tax
2. Additional Tax
TP-584 - SubTotal
Notation Spec./Assit.
(] or
EA-52 17(County) Sub Total Spec./Add.
EA-5217(State) TOT.MTG.TAX
R.P.T.S.A. Dual Town Dual County
Held forAppointment
Comm.of Ed. 5. 00 �4 Transfer Tax _
Affidavit • �• Mansion Tax
Certified Copy �� The property covered by this mortgage is
or will be Improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Total
Other YES orNO
Grand Total u If NO, see appropriate tax clause on
page# of this instrument.
4 Dist. 4927130 1000 11500 1000 001000 000 5 Community Preservation Fund
Real Proper PTS III
MJ1® Iill�a Consideration Amount$
Tax Service R Cs�
WH A
Agency 11-JUL-22 CPF Tax Due $
Veriflcatloi
�------- .. .-•- - --.. -, Improved
5 Satisfactions/Discharges[Releases List Pro erty Owners Mailing Address
RtECORD&RETURN�0: Vacant Land
Heather Wright, Esq. TD
P.O.Box 3070
Southampton, NY 11969 TD
TD
Mail to:Judith A.Pascale,Suffolk County Clerk Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name
www.suffo[kcountyny.gov/clerk Bridge Abstract LLC
Title# gAL5409S
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached Grant of Development Rights Easement made
by: (SPECIFYTYPE OF INSTRUMENT)
Peconic Land Trust, Incorporated The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of Southold
Town of Southold In the VILLAGE
'or HAMLET of Mattituck
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
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IMPORTANT NOTICE
f _
,ff the document you've just recorded is your SATISFACTION OF MORTGAGE,please be aware of
the following:
r
If a portion of your monthly mortgage payment included your property taxes,*you will now need to
contact your local Town T ax 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 10. and on or before May 31a.
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 Taxe's 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. 11743 Southampton,N.Y. 11968
(631)351-3217 (631)702-2470
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,
Judith A. Pascale
Suffolk County Clerk
dw '
2/99
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°a GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT is made on the
day of J u at , 2022 at Southold, New York. The parties are
PECONIC LAND TRUST, INCORPORATED, a New York not-for-profit
corporation, with offices at 296 Hampton Road, Southampton, NY 11968
(herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal
corporation, having its principal office at 53095 Main Road, P.O. Box 1179,
Southold, New York 11971-0959 (herein called "Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, identified as part
of SCTM #1000-115-10-1, more fully described in SCHEDULE "A", attached
hereto and made a part hereof and hereinafter referred to as the "Property";
and
WHEREAS, the Property is located in the Agricultural-Conservation
— Zoning District of the Town of Southold; and
WHEREAS, the Property contains soils classified as Class I and Class II
worthy of conservation as identified by the United States Department of
Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New
York; and
WHEREAS, the Property is part of the New York State Agricultural
District #1, and the Grantor wishes to continue using the Property for
agricultural production as defined in this Easement; and
WHEREAS, the Property is used for agriculture; and
WHEREAS, it is the policy of the Town of Southold (the "Town"), as
articulated in the Southold Town Comprehensive Plan dated February, 2020
as adopted by the Town Board, Town of Southold, and §272-a of the New
York State Town Law ("Town Law") to protect environmentally sensitive
areas, preserve prime agricultural soils, to protect the scenic, open space
character of the Town and to protect the Town's agricultural economy; and
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WHEREAS, the Property in its present condition has substantial and
significant value as an agricultural resource since it has not been subject to
'1 any substantial development; and
r WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property is located, and Grantor and
Grantee have, In common, the purpose and objective of protecting and
conserving the present state and inherent, tangible and intangible values of
the Property as an agricultural resource; and
WHEREAS, Grantee has determined it to be desirable and beneficial
and has requested Grantor, for itself and its successors and assigns, to grant
a Development Rights Easement to Grantee in order to restrict the further
development of the Property while permitting compatible uses thereof.
NOW THEREFORE, in consideration of EIGHT HUNDRED FORTY-ONE
THOUSAND THREE HUNDRED FIFTY-ONE DOLLARS AND 50/100
($841,351.50) and other good and valuable consideration paid to the
Grantor, the receipt of which is hereby acknowledged, the Grantor does
hereby grant, transfer, bargain, sell and convey to the Grantee a
Development Rights Easement, which shall be binding upon and shall restrict
the premises shown and designated as the Property herein, more particularly
bounded and described on Schedule "A" annexed hereto and made a part of
this instrument.
TO HAVE AND TO HOLD said Development Rights Easement and the
rights and interests In connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the use and benefit of the Grantor, its legal
representatives, successors and assigns, the fee title to the Property, and
the exclusive right of occupancy and of use of the Property, subject to the
limitations, condition, covenants, agreements, provisions and use
restrictions hereinafter set forth, which shall constitute and shall be
servitudes upon and with respect to the Property..
The Grantor, for itself, and for and on behalf of its legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
0,01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule "A", free of any mortgages or
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;r liens, except as set forth in Bridge Abstract Title Report #BAL5409S, and
possesses the right to grant this Easement.
0.02 Grantee's.Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the State of
New York State and Is authorized under §64 of Town Law, and §247 of the
New York State General Municipal Law ("General Municipal Law"), and §49-
301 et seq. of the New York Environmental Conservation Law
("Environmental Conservation Law") to acquire fee title or lesser interests in
land, including development rights, easements, covenants, and other
contractual rights which may be necessary or desirable for the preservation
and retention of agricultural lands, open spaces and natural or scenic
resources.
0:03 Purpose
The parties recognize the value of the Property resulting from its
agricultural use and further recognize the common purpose of preserving
this value by limiting the uses of the Property. This instrument is intended
to convey a Development Rights Easement on the Property by Grantor to
Grantee, exclusively for the purpose of preserving its character in perpetuity
for its agricultural values, by preventing the use or development of the
Property for any purpose or In any manner contrary to the provisions hereof,
in furtherance of federal, New York State and local conservation policies.
0.04 Governmental Recognition
New York State has recognized the Importance of public and private
efforts to preserve rural land in a scenic, natural, and open condition
through conservation restrictions by the enactment of General Municipal Law
§247. New York State has further recognized the importance of both public
and private efforts to preserve land in a scenic, natural and open space
condition through conservation easements by enactment of §49-301 et seq.
of the Environmental Conservation Law. Similar recognition by the federal
government includes §170(h) of the Internal Revenue Code ("IRC") and
other federal statutes.
0.05 Baseline Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. In order to aid in identifying and documenting
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to otherwise aid in identifying and documenting such values as of the date
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hereof, to assist Grantor and Grantee with monitoring the uses and activities
} on the Property and ensuring compliance with the terms hereof, Grantee has
r prepared, with Grantor's cooperation, an inventory of the Property's relevant
features and conditions (the "Baseline Documentation"). This Baseline
Documentation includes, but need not be limited to, a survey prepared by
Kenneth A. Woychuk, Land Surveyor last dated January 25, 2022, and a
Phase 1 Environmental Site Assessment dated September 21, 2021 by
Cashin Associates.
Grantor and Grantee acknowledge and agree that in the event a
controversy arises with respect to the nature and extent of the Grantor's
uses of the Property or its physical condition as of the date hereof, the
parties shall not be foreclosed from utilizing any other relevant or material
documents, surveys, reports, photographs or other evidence to assist in the
resolution of the controversy.
0.06 Recitation
In consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained in this Development Rights
Easement, the parties agree upon its provisions, intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Type
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall include
any and all of those limitations, covenants, use restrictions, rights, terms
and conditions.
1.02 Definitions
For purposes of this Easement, the following terms shall have the
meanings set forth below:
The term "development rights" shall mean the permanent legal
'Interest and right to restrict the use of the Property to uses or purposes
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;r ? consistent with the terms of this Easement, including agricultural production
as that term is presently referenced In §247 of the General Municipal Law
and defined in Chapter 70 of the Town Code of the Town of Southold (the
"Town Code" or "Code") now, or as they may be amended, and including the
. production of crops, livestock and livestock products as defined in §301(2) of
the New York State Agriculture and Markets Law ("Agriculture and Markets
Law"), now, or as said §301(2) may be amended. No future restrictions in
said laws or limitations in the definitions set forth in said laws shall preclude
a use that is permitted under.the current law as of the date of this
Easement.
The term "improvement" shall mean any addition to raw land, such as
structures, fences, wells or drainage.
The term "lawn" shall mean an area of land on which grasses or other
durable plants are grown and maintained at a short height and principally
used for aesthetic or other non-agricultural purposes. Land that is in
agricultural production, including sod farming, or land in a fallow or
otherwise Idled manner, is not "lawn."
,- The term "riding academy" shall mean a business use of a lot for any
of the following purposes. the letting of horses for hire to individuals 'or
groups whether supervised or unsupervised, horseback riding instruction or
the holding of horse shows or other equine events.
The term "structure" shall mean anything constructed or erected on or
under the ground or upon another structure or building, Including walkways.
Structures shall not include trellis, posts and wiring, farm irrigation systems,
nursery mats, temporary animal shelters or fencing necessary for
agricultural operations or to mark the boundaries of the Property, including
without limitation fencing to keep out predator animals, including deer.
Approvals for those items listed in the preceding sentence shall be as
required by applicable provisions of the Town Code.
1.03 Duration
This Easement shall be a burden upon and run with the Property in
perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeal interest in
the Property, and shall extend to and be binding upon Grantor, Grantor's
v� agents, tenants, occupants, heirs, personal representatives, successors and
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assigns, and all other individuals and entities with an interest in the Property
and provides Grantee with the right to administer, manage and enforce the
Easement as provided herein. The word "Grantor" when used herein shall
include all of those persons or entities. Any rights, obligations, and interests
herein granted to Grantor and/or Grantee shall also be deemed granted to
each and every one of Its respective subsequent agents, successors, and
assigns, and the words "Grantor and/or Grantee" when used herein shall
include all of those persons or entities.
ARTICLE TWO
SALE
Grantor, for EIGHT HUNDRED FORTY-ONE THOUSAND THREE
HUNDRED FIFTY-ONE DOLLARS AND 50/100 ($841,351.50) and such other
good and valuable consideration, hereby grants, releases, and conveys to
Grantee this Easement, in perpetuity, together with all rights to enforce it.
Grantee hereby accepts this Easement in perpetuity, and undertakes to
enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or within the Property:
3.01 Structures
No structures may be erected or constructed on the Property except as
after review by the Southold Town Land Preservation Committee ("Land
Preservation Committee") for consistency with the purposes and other terms
of this Easement, and as permitted under other applicable provisions of the
Town Code and Sections 1.02 and 4.06`of this Easement.
3.02 Excavation and Removal of Materials; Minina
The excavating, regrading, scraping or filling of the Property shall be
prohibited, without the prior written consent of Grantee, including but not
limited to review by the Land Preservation Committee.
Mineral exploitation, and extraction of any mineral, including but not
limited to soil, gravel, sand and hydrocarbons, by any method, surface or
'subsurface, is prohibited.
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The removal of topsoil, sand,, or other materials from the Property is
prohibited, nor shall the topography of the Property be changed, except in
connection with normal agricultural/horticultural activities, all of which shall
require the prior written consent of Grantee, including but not limited to
from the Land Preservation Committee.
3.03 Subdivision
Except as provided in this Section 3.03, the Property may not be
further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the
Real Property Law, as they may be amended, or any other applicable State
or local law. "Subdivision" shall Include the division of the portion of the
Property from which the development rights are acquired into two or more
parcels, in whole or in part.
Grantor may, subject to approval by the Planning Board of the Town of
Southold and as otherwise required by applicable law, modify or alter lot
lines between the Property and adjacent parcels, or subdivide the Property,
provided that all resulting parcels contain at least 10 acres of preserved
agricultural land subject to a development rights easement or other
�— conservation instrument.
Notwithstanding this Section 3.03, upon the death of Grantor or its
members, the underlying fee interest may be divided by conveyance of parts
thereof to Grantor's executor, trustee, heirs or next of kin by will or
operation of law.
3.04 Dumping
The dumping or accumulation of unsightly or offensive materials
including, but not limited to trash, garbage, sawdust, ashes or chemical
waste on the Property shall be prohibited. This prohibition shall exclude
materials used in the normal course of sound agricultural practices on the
Property, including fertilization, composting and crop removal. !.
3.05 .Signs c
The display of signs, billboards, or advertisements shall be prohibited
except signs whose placement, number, and design do not significantly
diminish the scenic character of the Property and only for any of the
following purposes: (a) to state the name of the Property and the names
and addresses of the occupants and the character of the business conducted
thereon, (b) to temporarily advertise the Property or any portion thereof for
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sale or rent, .(c) to post the Property to control unauthorized entry or use, or
(d) with the consent of the Grantor, to announce Grantee's Easement. Signs
are subject to regulatory requirements of the Town.
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3.06 Utilities
The creation or placement of overhead utility transmission lines, utility
poles, wires, pipes, wells or drainage systems ("utilities") on the Property to
service structures approved pursuant to §4.06 shall be prohibited without
the prior written consent of the Grantee. Underground utilities must, to the
extent possible, be constructed within 30 feet of the centerline of any roads
or driveways, and may be used to service the permitted structures on the
Property, and on adjacent properties subject to a development rights
easement or other conservation Instrument. Existing underground irrigation
systems may be repaired or replaced without the consent of or review by the
Grantee.
3.07 Prohibited Uses
Except for uses specifically permitted by this Easement, the use of the
Property or structures on it for any residential, commercial or industrial
r uses, permanent or temporary, including but not limited to a riding
academy, shall be prohibited. For the purposes of this section, agricultural
production, as that term is presently referenced In §247 of the General
Municipal Law and defined in Chapter 70 of the Town Code, now, or as they
may be amended, and including the production of crops, livestock and
livestock products as defined in §301(2) of the Agriculture and Markets Law,
now or as said §301(2) may be amended, shall not be considered a
commercial use.
Uses, improvements and activities permitted by the Town Code now or
in the future on agricultural lands protected by a development rights
easement or other instrument, including but not limited to farmstands, shall
not be considered a commercial use. No improvements, uses or activities
inconsistent with current or future agricultural production shall be permitted
on the Property. Under no circumstances shall athletic fields, golf courses or
ranges, commercial airstrips and helicopter pads, motorcross biking, or any
other Improvements or activity inconsistent with current or future
agricultural production be permitted on the'Property.
Grantor shall not establish or maintain a lawn on the Property.
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Hunting is permitted on the Property provided it does not interfere
with agricultural production and is conducted in accordance with sound
agricultural management practices.
' 3.08 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or
erosion or pollution of any surface or subsurface waters shall be prohibited.
This prohibition shall not be construed as extending to agricultural
operations and practices (including, without limitation, the use of
agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that
are in accordance with sound agricultural management practices of the
Natural Resources Conservation Service ("NRCS").
3.09 Diainane
The use of the Property for a leaching or sewage disposal field shall be
prohibited. The use of the Property for a drainage basin or sump shall be
prohibited, except in accordance with sound agricultural management
practices and in order to control flooding or soil erosion on the Property or
onto adjoining properties.
3.10 Lot Yield: Future Development
Except as provided herein, the use of the acreage of this Property for
purposes of calculating lot yield on any other property shall be prohibited.
Grantor hereby relinquishes to Grantee all existing rights to develop the
Property (and any such further rights that may be created through a
rezoning of the Property) except for the right to construct, maintain, alter
and replace any pre-existing structures, and to construct new structures, as
such rights may be provided in Section 4.06 or elsewhere in this Easement,
and the parties agree that any other such rights shall be terminated and
extinguished and may not be used or transferred to any other parcels..,
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownership
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Subject to the provisions of ARTICLE THREE, Grantor shall retain all
other rights of ownership in the Property, some of which are more
Particularly described in this ARTICLE FOUR.
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I. Grantor shall continue to have the right to exclusive possession of the
Property.
4.03 Use
Grantor shall have the right to use the Property in any manner and for
any purpose consistent with and not prohibited by this Easement, as well as
applicable local, State, or federal law. Grantor shall have the right to use
the Property for uses, improvements and activities permitted.by the Town
Code, now or in the future, on agricultural lands protected by a development
rights easement or other instrument, including, but not limited to
farmstands and for educational or training programs related to agricultural
production or activities.
Grantor shall also have the right to use the Property for traditional
private recreational uses, provided such recreational uses are conducted for
the personal enjoyment of Grantor,.are compatible with farming, and are
otherwise consistent with and do not derogate from or defeat the purposes
of this Easement or other applicable law. These uses shall not be offered or
provided for commercial purposes, including the commercial gain of Grantor
or others. Hunting to remove predators which harm agriculture production
shall not be deemed a recreational use or a use for commercial purposes.
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4.04 Landscaping Activities
Grantor shall have the right to continue the current and/or customary
modes of landscaping,in
g, pruning and grounds maintenance on the Property as
evidenced by the documentation set forth In Section 0.05. Grantor shall 4
have the right to remove or restore trees, shrubs, or other vegetation when
deemed to be invasive, dead, diseased, decayed or damaged.or interfering
with agricultural production or other permitted uses of the Property,
including activities permitted in Section 4.06, to thin and prune trees to
maintain or improve the appearance of the Property or to benefit permitted 5
structures and improvements, and to mow the-Property. Notwithstanding the
above, Grantor is prohibited from establishing or maintaining a lawn on the
Property, as set forth in Section 3.07.
4.05 Agricultural Production and Activit[es
Grantor shall have the right to engage in all
gtypes of agricultural
production as the term is presently referenced in §247 of the General r
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' Municipal Law and defined in Chapter 70 of the Town Code, now, or as they,
may be amended, and including the production of crops, livestock and
livestock products as defined in §301(2) of the Agriculture and Markets Law,
'y now, or as said §301(2) may be amended. No future restriction in said laws
or limitations In the definitions set forth in said laws shall preclude a use that
is permitted under the current law as of the date of this Easement.
Grantor may offer"U-Pick" operations and/or the use of a corn maze
to the general public, provided that such activities are conducted in
conjunction with seasonal harvests, do not interfere with agricultural
production and are otherwise consistent with and do not derogate from or
defeat the purposes of this Easement or other applicable laws.
Notwithstanding the definition of agricultural production in Chapter 70
of the Town Code or any successor chapter, structures shall be prohibited
except as set forth in Section 4.06 herein and as permitted by the Town
Code now or in the future on agricultural lands protected by a development
rights easement or other Instrument, including but not limited to
farmstands.
4.06 Structures
` A. Allowable Improvements. Grantor shall have the right to erect,
alter and maintain the following improvements on the Property, as may be
permitted by the Town Code and subject to review.by the Town of Southold
!_and Preservation Committee, provided the improvements are consistent
with and do not derogate from or defeat the purposes of this Easement or
other applicable laws:
(i) Underground facilities used to supply utilities solely for
the use and enjoyment of the Property, or on adjoining
lands subject to a development rights easement or
other conservation instrument;
New construction, including drainage
improvement structures, provided such structures are
related to or accessory to agricultural-production;
Renovation, maintenance, alteration, expansion and
repairs of any existing structures or structures built or .
permitted pursuant to this Section 4.06, provided the
purpose of the structure remains agricultural;
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f (iv) Additional types of structures, improvements or uses
consistent with the purposes of this Easement which
f arise from future developments in agricultural
production or scientific, mechanical or technological
advances in agricultural production.
B. Conditions. Any allowable improvements shall protect prime
agricultural soils, agricultural production, and otherwise be consistent with
the purposes of this Easement.
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent with
the purposes intended herein, and construction of any such improvement
shall minimize disturbances to the environment. Grantor shall employ
erosion and sediment control measures to mitigate any storm water runoff,
including but not limited to minimal removal of vegetation, minimal
movement of earth and minimal clearance of access routes for construction
vehicles.
D. Replacement of Improvements. In the event of damage resulting
from casualty loss to an extent which renders repair of any existing
improvements or improvements built or permitted pursuant to this Section
4.06 impractical, erection of a structure of comparable size, use, and general
design to the damaged structure shall be permitted in kind and within the
same general location, subject to the review and written approval of
Grantee, pursuant to applicable provisions of the Town Code.
4.07 Notice
Grantor shall notify Grantee, in writing, before the construction of any
permanent or temporary structures as permitted in Section 4.06 herein and
shall file all necessary applications and obtain all necessary approvals that
may be required by this Easement or by the Town Code, and shall provide
documentation as may be required for such applications.
4.08 Alienability
Grantor shall have the right to convey, mortgage or lease all of its
remaining interest in the Property, but only subject to this Easement.
Grantor shall promptly notify Grantee of any conveyance of any interest in
the Property, including the full name and mailing address of any transferee,
and the individual principals thereof, under any such conveyance. The
instrument of any such conveyance shall specifically set forth that the
interest thereby conveyed is subject to this Easement, without modification
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l` or amendment of the terms of this Easement, and shall incorporate this
d , Easement by reference, specifically setting for the date, office, liber and
page of the recording hereof. The failure of any such instrument to comply
with the provisions hereof shall not affect Grantee's rights hereunder.
4.09 Further Restriction
Nothing in this Easement shall prohibit or preclude Grantor from
further restricting the use, improvements or structures on the Property. Any
such further restrictions shall be consistent with and in furtherance of the
general intent and purpose of this Easement as set forth in Section 0.03.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and
other governmental or municipal charges, which may become a lien on the
Property, Including any taxes or levies imposed to make those payments,
- subject, however, to Grantor's right to grieve or contest such assessment.
The failure of Grantor to pay all such taxes, levies and assessments and
other governmental or municipal charges shall not cause an alienation of any
rights or interests acquired herein by Grantee.
5.02 Indemnification
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or
any of its officers, employees, agents or independent contractors, all of •
which shall be reasonable in amount, arising from Injury due to the physical
maintenance or condition of the Property caused by Grantor's actions or
inactions, provided same arises when Grantee or its agents is lawfully on the
Property, or from any taxes, levies or assessments upon it or resulting from
this Easement, all of which shall be considered Grantor's obligations.
5.03 Third Party Claims
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, or expenses; charges or liens to Grantee
or any of its officers, employees, agents or independent contractors, all of
which shall be reasonable in amount, resulting: (a) from injury to persons or
damages to property arising from any activity on the Property; and (b) from
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/// actions or claims of any nature by third parties arising out of the entering
> r into or exercise of rights under this Easement, excepting any of those
matters arising solely from the acts of Grantee, its officers, employees,
agents, or independent contractors, or those matters arising when such
persons are not lawfully on the Property. Grantor as used in Sections 5.02
- and 5.03 shall refer only to the owner of the Property at the time the injury,
damage, action or claim arose.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior notice to Grantor, and in a manner that will not interfere
with Grantor's quiet use and enjoyment of the Property, for the purpose of
inspection to determine whether this Easement and its purposes and
provisions are being upheld. Grantee shall not have the right to enter upon
the Property for any other purposes, except as provided in Section 6.02 and
6.03, or to permit access upon the Property by the public.
Notwithstanding the above, Grantee's use of drones shall be limited to
purposes of enforcement of this Easement and to inspection under this
Easement when traditional means are not available, and shall occur only
with prior notice to Grantor and consent for same, which consent shall not
be unreasonably withheld.
6.02 Restoration
Grantee shall have the right to require the Grantor to restore the
Property to the condition required by this Easement and to enforce this right
by any action or proceeding that Grantee may reasonably deem necessary.
However, Grantor shall not be liable for any changes to the Property
resulting from causes beyond the Grantor's control, including, without
limitation, fire, flood, storm, earth movement, wind, weather or from any
prudent action taken by the Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to persons or to the Property or crops,
livestock or livestock products resulting from such causes.
6.03 Enforcement Rights of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be inadequate. Therefore, in addition to,
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and not as a limitation of, any other rights of Grantee hereunder at law or in
equity, in the event any breach, default or violation of any term; provision,
covenant or obligation on Grantor's part to be observed or performed
#= pursuant to this Easement is not cured by Grantor within thirty (30) days'
notice thereof by Grantee or such longer period as is reasonable during
which time Grantor is curing or attempting to cure such breach, default or
violation, taking Into account extreme weather conditions or catastrophic
events (which such time period for notice is expressly waived by Grantor
with respect to any such breach, default or violation which, in Grantee's
reasonable judgment, requires immediate action to preserve and protect any
of the agricultural values or otherwise to further the purposes of this
Easement), Grantee shall have the right at Grantor's sole cost and expense
and at Grantee's election, taking into account extreme weather conditions or
other emergency conditions or other emergency or catastrophic events:
(1) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(11) To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
such breach, default or violation to the condition that existed
prior thereto, or
(iii) To enforce any term provision, covenant or obligation in this
Easement or to seek or enforce such other legal and/or equitable
relief or remedies as Grantee reasonably deems necessary or
desirable to ensure compliance with the terms, conditions,
covenants, obligations and purposes of this Easement; provided,
however, that any failure, delay or election to so act by Grantee
shall not be deemed to be a waiver or a forfeiture of any right,or
available remedy on Grantee's part with respect to such breach,
default, or violation or with'respect to any other breach, default
or violation of any term, condition, covenant or obligation under
this Easement.
Grantor shall pay either directly or by reimbursement to Grantee, all
reasonable attorneys' fees, court costs and other expenses incurred by
Grantee (herein called "Legal Expenses") in' connection with any proceedings
under this Section, as approved by the Court.
The cure period in this-Section 6.03 may be extended for a reasonable
time by Grantee if such restoration cannot reasonably be accomplished
within thirty (30) days.
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6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered electronically and by first class mail, or by hand or by certified
mail, return receipt requested, with sufficient prepaid postage affixed and
with return receipts requested, or by nationally recognized overnight courier
(USPS, Federal Express, etc.). Mailed notice to Grantor shall be addressed
to Grantor's address as recited herein, or to such other address as Grantor
may designate by notice In accordance with this Section 6.04. Mailed notice
to Grantee shall be addressed to its principal office recited herein, marked to
the attention of the Supervisor and the Town Attorney, or to such other
address as Grantee may designate by notice in accordance with this Section
6.04. Notice shall be deemed given and received as of the date of its
manual delivery or three business days after the date of its mailing.
6.05 No Waiver.
Grantee's exercise of one remedy or relief under this ARTICLE SIX
shall not have the effect of waiving or limiting any other remedy or relief,
and the failure to exercise or the delay in exercising any remedy shall not
constitute a waiver of any other remedy or relief or
-remedy or relief at any other time, the use of such other
6.06 Extin uishment of Easement/Condemnation
At the mutual request of Grantor and Grantee, a court with jurisdiction
may, if it determines that conditions surrounding the Property have changed
so much that it becomes.impossible to fulfill the purpose of this Easement
described in Section 0.03, extinguish or modify this Easement in accordance
with applicable law. The mere cessation of farming on the Property shall not
be construed to be grounds for extinguishment of this Easement.
If at any time the Property or any portion thereof shall be taken or
condemned by eminent domain, by the Grantee or by any other
governmental entity, then this Easement shall terminate with respect to the
Property, or portions thereof so taken or condemned, and the Property
not be subject to the limitations and restrictions of this Easement Iuch II
event, the Grantor, its successors or assigns, shall not be required to pay
any penalties, but the value of the Property
tions of
this Easement. Any condemnation award payable tot etGran orhe ashall be in
proportion to the value attributable to the residual agricultural value of the
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Property. If the.condemnation is undertaken by an entity other than the
Grantee, then the remaining portion of the condemnation award shall be
payable to the Grantee in proportion to the value attributable to the
development rights transferred hereby.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understanding
This Easement contains the entire understanding between its parties
concerning its subject matter. Any prior agreement between the parties
concerning its subject matter shall be merged Into this Easement and
superseded by it.
7.O2 Amendment
This Easement may be amended only with the written consent of
Grantee and current owner of the Property and in accordance with any
applicable State and local laws. Any such amendment shall be consistent
with "the purposes of this Easement and shall comply with the Town Code
and any regulations promulgated hereunder, and shall be duly recorded.
This Easement is made with the intention that it shall qualify as a
Conservation Easement in perpetuity under Internal Revenue Code §170(h).
The parties agree to amend the provisions of this Easement if such
amendment shall be necessary, to entitle Grantor to meet the requirements
of §170(h). Any such amendment shall apply retroactively in the same
manner as if such amendment or amendments had been set forth herein.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except pursuant to the provisions of Chapter 70 of the Town Code or any
successor chapter and other applicable laws, upon the adoption of a local law
authorizing the alienation of said rights and interest, following a public
hearing and, thereafter, ratified by a mandatory referendum by the electors
of the Town of Southold. No subsequent amendment of the provisions of the
Town Code shall alter the limitations placed upon the alienation of those
property rights or interests which were acquired by the Town prior to any
such amendment.
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In addition to the limitations set forth above, Grantee. shall have the
right to transfer all or part of this Easement to any public aency, or private
non-governmental nonprofit organization, that at the time of transfer is a
"qualified organization" under §170(h) of the Internal Revenue Code,
provided that the transferee expressly agrees to assume the responsibility
imposed on the Grantee by this Easement, whereupon all references to
Grantee shall be to such entity,
Any easement transfer must be approved by the Grantor or any
subsequent owner. If the Grantee ever ceases to exist, a court of competent
jurisdiction may transfer this Easement to another qualified public agency or
private non-governmental nonprofit organization that agrees to assume the
responsibilities imposed by this Easement.
7.04 Severability
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court shall not be invalidated.
Instead, that provislon 'shall be reduced or limited to whatever extent that
court determines will make it enforceable and effective. Any other provision
of this Easement that is determined to be invalid or unenforceable by a court
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shall be severed from the other provisions, which shall remain enforceable
and effective.
7.6-5 Governing Law
New York law applicable to deeds to, and easements (including
conservation easements pursuant to the Environmental Conservation Law)
on land located within New York shall govern this Easement in all respects,
including validity, construction, interpretation, breach, violation and
performance.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of this
Easement shall be construed in favor of one of the parties because it was
drafted by the other party's attorney. No alleged ambiguity in this Easement
shall be construed against the party whose attorney drafted it. If any
provision of this Easement is ambiguous or shall be subject to two or more
Interpretations, one of which would render that provision invalid, then that
provision shall be given such interpretation as would render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
designed to limit the breadth of�the restrictions on use of the Property shall
not apply In the construction or interpretation of this Easement, and this
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Easement shall be interpreted broadly to effect the purposes of this
Easement as intended by the parties. The parties intend that this Easement,
F which is by nature and character primarily negative in that Grantor has
restricted and limited its right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate its
purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall it be interpreted
to grant, to the public, any right to enter upon the Property, or to use
images of the Property. Grantee may use images of the Property only for
non-commercial reporting of this Easement.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution..
7,09 Recording
Grantee shall record this Easement in the land records of the office of
the Clerk of the County of Suffolk, State of New York.
7.10 Headings
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be ignored in its construction.
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WFG National Title Insurance Company
Title Number. BAL5409S
f Page 1
Amended 5/1812022
SCHEDULE A DESCRIPTION
ALL that certain plot, piece, or parcel of land,situate, lying and being in the vicinity of Mattituck, in
the Town of Southold, County of Suffolk and State of New York, being more particularly bounded
and described as follows:
BEGINNING at a point on the southerly side of New Suffolk Avenue when:the same is intersected
by the easterly end of a curve having a radius of 20.00 feet and a length of 33.83 feet which said
curve connects the easterly side of Maratooka Road with the southerly side of New Suffolk
Avenue;
RUNNING THENCE from said point or place of beginning along the southerly side of New Suffolk
Avenue North 78 degrees 40 minutes 30 seconds East, 951.84 feet;
THENCE South 03 degrees 46 minutes 30 seconds East, 69.31 feet;
THENCE South 37 degrees 27 minutes 00 seconds West, 98.81 feet;
THENCE South 78 degrees 40 minutes 30 seconds West, 135.90 feet;
THENCE South 08 degrees 09 minutes 01 seconds East, 339.82 feet;
THENCE North 86 degrees 40 minutes 21 seconds East, 19.52 feet; ,
THENCE South 08 degrees 09 minutes 01 seconds East, 267.49 feet;
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THENCE Southerly, southwesterly and westerly along the arc of a curve bearing to the right,
having a radius of 25.00 feet, a distance of 37.93 feet;
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THENCE South 78 degrees 47 minutes 10 seconds West,405.07 feet; !
THENCE North 71 degrees 39 minutes 20 seconds West,206.89 feet to the easterly side of • !
Maratooka Road; f
THENCE along the easterly side of Maratooka Road the following two(2)courses and distances: r
1. North 24 degrees 38 minutes 30 seconds West, 247.95 feet;
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2. North 18 degrees 14 minutes 20 seconds West, 402.61 feet to the southerly end of the i
curve first above mentioned; i
THENCE along said curve bearing to the right in a northerly, northeasterly and easterly direction, a
distance of 33.83 feet to the southerly side of New Suffolk Avenue, the point or place of
BEGINNING. j
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IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee
has accepted and received this Grant of Development Rights Easement on
the day and year set forth above.
ACKNOWLEDGED AND ACCEPTED:
GRANTOR:
PECONIC LAND TRUST, INCORPORATED,
a New York not-for-profit corporation
By:_AL -
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ACKNOWLEDGED AND ACCEPTED:
GRANTEE:
_ TOWN OF SOUTHOLD,
a municipal corporation
By: ze
Scott A. Russell, Supervisor
20
STATF OF NEW YORK)
' COUNTY OF SUFFOLK), SS.•
On the 2.7 day Of-!-& in the year 2022 beforeme, lfie undersigned,
personally appeared Tot., %I.1� afsQi .personally known to me or proved to me on the
basis of satisfactory evidence to be the Individual(s)whose name(s)Is(are)sribscrrbed
to the wibl n In,111umentand acknowledged to me thathe/she/they executed the same in
his/her/their capacity(les), and Mat byhis/her/theirsignatvre(s)on trie instruments the
individual(s), or the person upon behalf of which the individual(s)acted, executed the
instrument.
Signature/oltrce ofindividual taking acknowledgement
MELANIE A.C1RILLa
Notary Public,State of New York
No.01CI5035908
Qualified in Suffolk County
.STATE OF NEW YORK ) Commission Expires 11/14/20?�-
COUNTYOFSUfFpLK ) SS,•
On bhis?-��h,
day of J'JaE in the year 2022 before me, the undersigned,
personally appeared Scott A. Russell,personally known to me or pro ved to me on the
basis Ofsatisfact&Y ev/dence to be the individuals)whose name(s)is(are)subscribed
to the wi6Fiin instrument and acknowledged to me that he/she/they executed the same
-in his/her/their capacity(les), and that by his/her/theirsignature(s)on the instrument,
the individual(s), or the person upon behalf of which th i ividual(s)acted, executed
the instrument.
Signatvrt/ol9'rce o indivi I taking acknowledgement
STEVEN BODZINER
NOTARY PUBLIC,STATE OF NEJYORK
SUFFOLK COUNTY
LIC. #021304672972 COMMISSION EXPIRES FEB.28
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION Recorded: 07/20/2022
Number of Pages : 7 At: 03:58: 01 PM
Receipt Number : 22-0117687
LIBER: D00013165
PAGE : 583
District: Section: Block: Lot:
1000 115 . 00 10.00 001 . 000
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $35.00 NO Handling $20. 00 NO
COE $5.00 NO NYS SRCHG $15 .00 NO
TP-584 $0 . 00 NO Notation $0. 00 NO
Cert.Copies $0 .00 NO RPT $200 .00 NO
Fees Paid $275 .00
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
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7p
,J 2022 Jul 20 03;:�:Ol F19 _
f JUDITH A. P115CALE
CLERK OF
f Number of pages SUFFOLK COUNTY
L D00013165'
P 58.3
_ This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
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3 FEES
Mortgage Amt.
{ Page/Filing Fee
1.Basic Tax
Handling 20. 00 2. Additional Tax
TP-584 SubTotal
4
Notation Spec./Assit.
or
EA-52 17(County) Sub Total Spec./Add.
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EA-52I7(State) TOT.MTG.TAX
I Dual Town Dual County
R.P.T.S.A. i Held forAppointment
Comm.of Ed. S. 00 Transfer Tax
Affidavit
Mansion Tax
� �
The property covered by this mortgage is
CertifredCopy or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Total YES orNO
Other
Grand Total � !/ � ) If NO, see appropriate tax clause on
page# of this instrument.
4 Dist.
000 5 Community Preservation Fund
4927230 1000 11500 1000 0I0@1000
ReaTaxlPrope Servy RPS A IWI� CPF Consideration
ax Due Amount$
Agency IWll1iU1W
Verificatic 11-JUL-22
Improved
Satisfactions/Discharges/Releases List Property Owners Mailing Address
6 RECORD&RETURN TO: Vacant Land
Heather Wright, Esq. TO
P.O. Box 3070
Southampton, NY 11969 TD
TD
Mail to:Judith A. Pascale,Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901, Co.Name Bridge Abstract LLC
www.suffolkcountyny.gov/clerk Title#
BAL5:qo4 S
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached Declaration of Covenants and Restrictions made
by: (SPECIFY TYPE OF INSTRUMENT)
Peconic Land Trust,Incorporated The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of ;Southold
In the VILLAGE
or HAMLET of Mattituck
BOXES 6 THRU 8 M65T BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
IMPORTANT NOTICE
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'�I If the document you've just recorded is your SATISFACTION OF MORTGAGE,please be aware of
d the following:
If a portion of your monthly mortgage payment included your property taxes,'you will now need to
contact your local Town T ax 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 10,E and on or before May 31a.
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.
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Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes
200 East Sunrise Highway 200 Howell Avenue
i; North Undenhurst,N.Y. 11757 Riverhead,N.Y.11901
(631)957-3004 (631)727-3200
l; Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes
I 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
r 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)702-2470
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,
Judith A.Pascale
Suffolk County Clerk
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DECLA TI F CO ND RESTRICTIONS
THIS DECLARATION,made as of the day of TV 4> 2022, by
PECONIC LAND TRUST, INCORPORATED,a New York not-for-profit corporation,
with an address of 296 HAMPTON ROAD,SOUTHAMPTON, NEW YORK 11968,
hereinafter referred to as the"DECLARANT".
WITNESSETH:
WHEREAS,DECLARANT is the owner of certain real property situate at 4180
New Suffolk Avenue, Mattituck in the Town of Southold, County of Suffolk,and State
of New York designated as SCTM#1000-115-10-1 and made a part hereof,and
described in the metes end bounds description attached at Exhibit"A"and made a
part hereof(the"Property");and
WHEREAS,the Survey shows a Development Rights Easement Area of
531,149 square feet and a Reserve/Development Area designated Area#1A of
89,281 square feet,all described in the metes and bounds description attached as
Exhibit"B"and "C",respectively and made a part hereof;and
WHEREAS,the DECLARANT has con eyed to the Town of Southold a Grant
of Development Rights Easement dated, . 2022,and to be recorded in the
official records of Suffolk County("Development Rights Easement") and the Town
Board of the Town of Southold (the"Town Board")has deemed it in the best
interests of the Town of Southold (the"Town") and the owner and prospective
owners of the Property,that the within covenants and restrictions be imposed on
the Property, and as a condition of acceptance of the Grant of Development Rights
Easement,the Town Board has required that the within Declaration be recorded in
the Suffolk County Clerk's Office; and
t.
WHEREAS, the DECLARANT has considered the foregoing and has
determined that this Declaration of Covenants and Restrictions will be in the
interests of DECLARANT and subsequent owners of the Property;and
NOW THEREFORE,be it declared as follows:
The DECLARANT,for the purposed of carrying out the intentions above
expressed does hereby make known,admit,publish,covenant and agree that the
Property shall hereinafter be subject to the covenants and restrictions as set forth
herein,which shall run with the land and shall be binding upon all purchasers and
holders of the Property,their heirs,executors, legal representatives, distributees,
successors and assigns,to wit:
DECLARANT shall not sell, transfer, gift or otherwise relinquish ownership of the
above described Reserve/Development Area unless such is conveyed together with
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Y/l^- the Development Rights Easement Area into the same Grantee; and will not make an
application for or seek any relief from the Town of Southold that would allow
subdivision of the above described Reserve/Development Area separate and apart
from the Development Rights Easement Area. Notwithstanding, said
Reserve/Development Area is subject to the provisions set forth in Section 3. 03 of
the Grant of Development Rights Easement which reads as follows:
"3.03 Subdivision
Except as provided in this Section 3.03.the Property may not be further
subdivided pursuant to Town Law Section 265, 276 or 277 or 335 of the Real
Property Law, as they may be amended,or any other applicable State or local
law. "Subdivision" shall include the division of the portion of the Property
from which the development rights area acquired into two or more parcels,in
whole or part.
Grantor may, subject to approval by the Planning Board of the Town of
Southold and as otherwise required by applicable law, modify or alter lot lines
between the Property and adjacent parcels,or subdivide the Property,provided that
all resulting parcels contain at least 10 acres of preserved agricultural land subject to
a development rights easement or other conservation instrument."
'J Notwithstanding this Section 3.03, upon death of Grantor or its Members,the
underlying fee interest may be divided by conveyance of parts thereof to Grantor's
executor,trustee,heirs or next of kin by will or operation of law."
These covenants and restrictions shall be construed to be in addition to and not in
derogation or Iimitation upon any local,state,and federal laws,ordinances,
regulations or provisions in effect at the time of execution of this Declaration,or at
the time such laws,ordinances,regulations and/or provisions may hereafter be
revised,amended or promulgated.
These covenants and restrictions shall be enforceable by the Town of
Southold,by injunctive relief or any other remedy in equity or at law. The failure of
the Town of Southold or any of its agencies to enforce same shall not be deemed to
affect the validity of this covenant nor to impose any liability whatsoever upon the
Town of Southold or any officer or employee thereof.
If any section,subsection,paragraph,clause,phrase or provision of these
covenants and restrictions shall,by a Court of competent jurisdiction,be adjudged
illegal, unlawful,invalid or held to be unconstitutional,the same shallnot affect the
validity of these covenants as a whole or any other part or provision hereof other
than the part so adjudged to be illegal,unlawful,invalid,or unconstitutional.
This Declaration is made subject to the provisions of all laws required by law
-, or by their provisions to be incorporated herein and they are deemed to be
EXHIBIT "All -
OVERALL DESCRIPTION OF PARCEL(SCTM 111000-115.404)
ALL that certain plot,piece, or parcel of land,situate, lying and being in the vicinity of
Mattituck, in the Town of Southold,County of Suffolk and State of New York, being more
particularly bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southerly side of New Suffolk
Avenue and the easterly side'of Maratooka Road;
RUNNING THENCE along the southerly side of New Suffolk Avenue North 78 degrees 40
minutes 30,seconds East,997.23 feet to a stone monument;
RUNNING THENCE from.said stone monument along land now or formerly of Doreen E. Evans
and Martin P. Evans the following two(2)courses and distances:
1. South 03 degrees 46 minutes 30 seconds East, 181.60 feet;
2. South 69 degrees 36 minutes 50 seconds East, 43.82 feet to Deep Hole Creek;
THENCE along Deep Hale Creek the following three (3) courses and distances:
1. South 23 degrees 18 minutes 04 seconds West 99.43 feet;
2. South 03 degrees 31 minutes 41 seconds West 97.78 feet;and
3. South 06 degrees 44 minutes 36 seconds West, 109.47 feet;
THENCE South 78 degrees 40 minutes 30 seconds West,97.20 feet;
THENCE along the northerly boundary line of land now or formerly of Douglas and Leslie Hirsch,
South 86 degrees 40 minutes 20 seconds West,55.88 feet;
THENCE continuing along said last.mentioned land South 08 degrees 09 minutes 00 seconds
East,321.41 feet to a concrete monument and land now or formerly of Edward Hanus;
THENCE along said last mentioned land and along land now or formerly of Henry].'Loefler and
Nancy M. Loefler, and land now or formerly of Gerard E. Diffley and Karen L. Diffley, South 78
degrees 47 minutes 10 seconds West,440.77 feet;
THENCE North 71 degrees 39 minutes 20 seconds West, 223.91 feet to the easterly side of
Maratooka Road;
THENCE along the easterly side of Maratooka Road the following two(2) courses and distances:
1. North 24 degrees 38 minutes 30 seconds West, 275.29 feet;
2. North 18 degrees 14 minutes 20 seconds West,425.18 feet to the corner formed by the
intersection of the southerly side of New Suffolk Avenue and the easterly side of
Maratooka Road,being the point or place of BEGINNING.
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EXHIBIT "B"
i WF'G National Title Insurance Company
Title Number. BAL5409S
Page 1
Amended 5/28/2022
SCHEDULE A DESCRIPTION
ALL that certain plot, piece, or parcel of land, situate, lying and being in the vicinity of Mattituck, in
the Town of Southold, County of Suffolk and State of New York, being more particularly bounded
and described as follows:
BEGINNING at a point on the southerly side of New Suffolk Avenue where the same is intersected
by the easterly end of a curve having a radius of 20.00 feet and a length of 33.83 feet which said
curve connects the easterly side of Maratooka Road with the southerly side of New Suffolk
Avenue; -
RUNNING THENCE from said point or place of beginning along the southerly side of New Suffolk
Avenue North 78 degrees 40 minutes 30 seconds East, 951.84 feet;
THENCE South 03 degrees 46 minutes 30 seconds East, 69.31 feet; -
THENCE South 37 degrees 27 minutes 00 seconds West, 98.81 feet;
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THENCE South 78 degrees 40 minutes 30 seconds West, 135.90 feet;
THENCE South 08 degrees 09 minutes 01 seconds East, 339.82 feet; t
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THENCE North 86 degrees 40 minutes 21 seconds East, 19.52 feet;
THENCE South 08 degrees 09 minutes 01 seconds East, 267.49 feet;
THENCE Southerly, southwesterly and westerly along the arc of a curve bearing to the right,
having a radius of 25.00 feet, a distance of 37.93 feet; '
THENCE South 78 degrees 47 minutes 10 seconds West,405.07 feet;
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THENCE North 71 degrees 39 minutes 20 seconds West, 206.89 feet to the easterly side of • `
Maratooka Road; j
THENCE along the easterly side of Maratooka Road the following two(2)courses and distances: '
1. North 24 degrees 38 minutes 30 seconds West, 247.95 feet; r
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2. North 18 degrees 14 minutes 20 seconds West, 402.61 feet to the southerly end of the !
curve first above mentioned;
THENCE along said curve bearing to the right in a northerly, northeasterly and easterly direction, a }
distance of 33.83 feet to the southerly side of New Suffolk Avenue,the point or place of
BEGINNING. ;
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EXHIBIT-C-
DESCRIPTION
CDESCRIPTION OF RESERVE/DEVELOPMENT AREA DESIGNATED AREA#IA
(89,281 square feet)
ALL that certain plot,piece, or parcel of land,situate, lying and being in the vicinity of
M'attituck, in the Town of Southold,County of Suffolk and State of New York, being more
particularly bounded and described as follows:
BEGINNING at a point on the southerly side of New Suffolk Avenue,said point being distant
951.84 feet easterly, as measured along the southerly side of New Suffolk Avenue,from the
corner formed by the intersection of the southerly side of New Suffolk Avenue with the easterly
side of Maratooka Road;
RUNNING THENCE from said point or place of beginning along the southerly side of New Suffolk
Avenue North 78 degrees 40 minutes 30 seconds East,45.39 feet to a stone monument and
land now or formerly of Doreen E. Evans and Martin P. Evans;
THENCE along said last mentioned land the following two(2)courses and distances:
1. South 03 degrees 46 minutes 30 seconds East, 181.60 feet;
2. South 69 degrees 36 minutes 50 seconds East, 43.82 feet to Deep Hole Creek;
THENCE along Deep Hole Creek the following three(3)tie line courses and distances:
1. South 23 degrees 18 minutes 04 seconds West, 99.43 feet;
2. South 03 degrees 31 minutes 41 seconds West,97.78 feet;and
3. South 06 degrees 44 minutes 36 seconds East, 109.47 feet;
THENCE South 78 degrees 40 minutes 30 seconds West 97.20 feet;
THENCE along the northerly boundary line of land now or formerly of Douglas and Leslie Hirsch
South 86 degrees 40 minutes 20 seconds West,55.88 feet;
THENCE South 86 degrees 40 minutes 21 seconds West, 54.64 feet;
THENCE North 08 degrees 09 minutes 01 seconds West, 339.82 feet;
THENCE North 78 degrees 40 minutes 30 seconds East, 135.90 feet;
THENCE North 37 degrees 27 minutes 00 seconds East 98.81 feet;
THENCE North 03 degrees 46 minutes 30 seconds West, 69.31 feet to the southerly side of New
Suffolk Avenue,at the point or place of BEGINNING.
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incorporated herein and made apart hereof,as though fully set forth herein.
'This Declaration shall run with the land and shall be binding upon
DECLARANT,its successors and assigns;and upon all persons or entities claiming
under them,and may not be annulled,waived,changed, modified,terminated,
revoked or amended by subsequent owners of the Property unless and until
approved by a majority plus one vote of the Town Board or its legal successor,
following a public hearing.
IN WITNESS WHEREOF,the DECLARANT above named has duly executed
the foregoing Declaration the day and year first above written.
PECONIC LAND TRUST,INCORPORATED
B ' .fern r.V. ,President
J.
STATE OF NEW YORK )
ss.:
COUNTY OF NEW YORK)
On the 21 day of Jyn e, 2022,before me,the undersigned,personally
appeared TGA 4..11.14QI6 e-4 personally known to me or proved to me on the
basis of satisfactory evidencb 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, and that such individual made such appearance
before the undersigned. , ,
���a
Notary Public
—, MEuNIE A.CIRILL4
Rotary Public,State of New'York
_• No.OIC15035908
Qualified in Suffolk County
Commission Expires 11/14/20.ZZ—
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CWF,. (G
National Title Insurance Company-
a Williston Financial Group company
OWNER'S POLICY OF TITLE INSURANCE
Issued By
WFG NATIONAL TITLE INSURANCE COMPANY
POLICY NUMBER: 3176036-06850215 FILE NUMBER: BAL5409S
Any notice of claim and any other notice or statement in writing required to be given to the Company under this
Policy must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B,AND THE CONDITIONS, WFG NATIONAL TITLE INSURANCE COMPANY, a South Carolina corporation
(the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy,
against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against
loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified,expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded,or indexed in the Public Records including failure to perform those acts
by electronic means authorized by law; or
(vii)a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land.The term"encroachment"includes encroachments
of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
3. Unmarketable Title.
In Witness Whereof,WFG NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by
its duly authorized officers as of Date of Policy shown in Schedule A.
WFG NATIONAL TITLE INSURANCE COMPANY
Bridge Abstract LLC nn...
2200 Montauk Highway, PO Box 3031, �Bridgehampton,NY 11932 B ��'Agent Steve OzonlanrpPrL- denVCEO
.C.01
ATTEST:Joseph V.McCVP/Cenerat Counsel/Secretary
ALTA Owner's Policy 06-17-2006
WFG Form No 3176036—without Standard NY Endorsement(7-01-12) Page 1 of 7
WFG National Title Insurance Company
AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY(6-17-2006)
WITH NEW YORK COVERAGE ENDORSEMENT APPENDED (A.L.T.A)
SCHEDULE A
Policy No 3176036-06850215
Title Number Effective Date Amount of Insurance
BAL5409S 6/28/2022 $841,351.50
1. Name of Insured: Town of Southold
2. The estate or interest in the land which is covered by this policy is: Development Rights
3. Title to the estate or interest in the land is vested in:
Town of Southold which acquired Development Rights by Grant of Development Rights Easement
from Peconic Land Trust, Incorporated dated June 28, 2022 recorded July 20, 2022 in Liber 13165,
Cp. 584.
4. The land referred to in this Policy is described herein on Schedule A Description of Premises.
For Information: Premises known as: New Suffolk Avenue, Mattituck, NY 11952
Authoriz4d Sign tory
WFG National Title Insurance Company
SCHEDULE A
DESCRIPTION OF PREMISES
Title No. BAL5409S
Policy No. 3176036-06850215
ALL that certain plot, piece, or parcel of land, situate, lying and being in the vicinity of Mattituck, in the Town of
Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows:
BEGINNING at a point on the southerly side of New Suffolk Avenue where the same is intersected by the
easterly end of a curve having a radius of 20.00 feet and a length of 33.83 feet which said curve connects the
easterly side of Maratooka Road with the southerly side of New Suffolk Avenue;
RUNNING THENCE from said point or place of beginning along the southerly side of New Suffolk Avenue
North 78 degrees 40 minutes 30 seconds East, 951.84 feet;
THENCE South 03 degrees 46 minutes 30 seconds East, 69.31 feet;
THENCE South 37 degrees 27 minutes 00 seconds West, 98.81 feet;
THENCE South 78 degrees 40 minutes 30 seconds West, 135.90 feet;
THENCE South 08 degrees 09 minutes 01 seconds East, 339.82 feet;
THENCE North 86 degrees 40 minutes 21 seconds East, 19.52 feet;
THENCE South 08 degrees 09 minutes 01 seconds East, 267.49 feet;
THENCE Southerly, southwesterly and westerly along the arc of a curve bearing to the right, having a radius of
25.00 feet, a distance of 37.93 feet;
THENCE South 78 degrees 47 minutes 10 seconds West, 405.07 feet;
THENCE North 71 degrees 39 minutes 20 seconds West, 206.89 feet to the easterly side of Maratooka Road;
THENCE along the easterly side of Maratooka Road the following two (2) courses and distances:
1. North 24 degrees 38 minutes 30 seconds West, 247.95 feet;
2. North 18 degrees 14 minutes 20 seconds West, 402.61 feet to the southerly end of the curve first
above mentioned;
THENCE along said curve bearing to the right in a northerly, northeasterly and easterly direction, a distance of
33.83 feet to the southerly side of New Suffolk Avenue, the point or place of BEGINNING.
WFG National Title Insurance Company
SCHEDULE A
DESCRIPTION OF PREMISES
Title No. BAL5409S
Policy No. 3176036-06850215
OVERALL DESCRIPTION OF RESERVE DEVELOPMENT PARCELS
ALL that certain plot, piece;r parcel of land, situate, lying and being in the vicinity of Mattituck, in the Town of
Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows:
BEGINNING at a point on the southerly side of New Suffolk Avenue, said point being distant 951.84 feet
easterly, as measured along the southerly side of New Suffolk Avenue, from the corner formed by the
intersection of the southerly side of New Suffolk Avenue with the easterly side of Maratooka Road;
RUNNING THENCE from said point or place of beginning along the southerly side of New Suffolk Avenue
North 78 degrees 40 minutes 30 seconds East, 45.39 feet to a stone monument and land now or formerly of
Doreen E. Evans and Martin P. Evans;
THENCE along said last mentioned land the following two (2) courses and distances:
1. South 03 degrees 46 minutes 30 seconds East, 181.60 feet;
2. South 69 degrees 36 minutes 50 seconds East, 43.82 feet to Deep Hole Creek;
;r THENCE along Deep Hole Creek the following three(3)tie line courses and distances:
1. South 23 degrees 18 minutes 04 seconds West, 99.43 feet;
2. South 03 degrees 31 minutes 41 seconds West, 97.78 feet; and
3. South 06 degrees 44 minutes 36 seconds East, 109.47 feet;
THENCE South 78 degrees 40 minutes 30 seconds West, 97.20 feet;
THENCE along the northerly boundary line of land now or formerly of Douglas and Leslie Hirsch South 86
degrees 40 minutes 20 seconds West, 55.88 feet;
THENCE continuing along said last mentioned land South 08 degrees 09 minutes 00 seconds East, 321.41
feet to a concrete monument and land now or formerly of Edward Hanus;
THENCE along said last mentioned land and along land now or formerly of Henry J. Loefler and Nancy M.
Loefler, and land now or formerly of Gerard E. Diffley and Karen L. Diffley, South 78 degrees 47 minutes 10
seconds West, 440.77 feet;
THENCE North 71 degrees 39 minutes 20 seconds West, 223.91 feet to the easterly side of Maratooka Road;
THENCE along the easterly side of Maratooka Road North 24 degrees 38 minutes 30 seconds West, 27.34
feet;
THENCE South 71 degrees 39 minutes 20 seconds East, 206.89 feet;
Continued..........
WFG National Title Insurance Company
SCHEDULE A
DESCRIPTION OF PREMISES
- Title No. BAL5409S
Policy No. 3176036-06850215
THENCE North 78 degrees 47 minutes 10 seconds East, 405.07 feet;
THENCE Easterly, northeasterly and northerly along the arc of a curve bearing to the left having a radius of
25.00 feet, a distance of 37.93 feet;
THENCE North 08 degrees 09 minutes 01 seconds West, 267.49 feet;
THENCE South 86 degrees 40 minutes 21 seconds West, 19.52 feet;
THENCE North 08 degrees 09 minutes 01 seconds West, 339.82 feet;
THENCE North 78 degrees 40 minutes 30 seconds East, 135.90 feet;
THENCE North 37'degrees 27 minutes 00 seconds East, 98.81 feet;
THENCE North 03 degrees 46 minutes 30 seconds West, 69.31 feet to the southerly side of New Suffolk
Avenue, at the point or place of BEGINNING.
r
WFG National Title Insurance Company
Policy No 3176036-06850215
Title No BAL5409S
SCHEDULE B
Showing defects, liens, encumbrances and other matters against which the Company does not,
by this Policy, insure:
1. Covenants, conditions, easements, leases, agreements of record, etc. more fully set forth:
A. Declaration of Covenants and Restrictions in Liber 13165, Cp. 583.
B. Boundary Line and Maintenance Agreement in Liber 13165, Cp. 582.
2. No title is insured to any land lying below the present, or former high water line of Deep Hole Creek.
3. Except the right of the United States Government to establish harbor, bulkhead or pierhead lines or
to change or alter any such existing lines and to remove or compel the removal of fill and
improvements thereon (including buildings or other structures)from land now or formerly lying below
the high water mark of Deep Hole Creek without compensation to the insured.
4. No title is insured to any portion or part of the premises herein within the lines of Deep Hole Creek
which is not under solid fill.
5. Except the right of the United States Government, the State of New York and the Town of Southold
or any of their departments or agencies to regulate and control the use of the piers, bulkheads, land
under water and land adjacent to Deep Hole Creek.
6. Riparian rights and easements of others over Deep Hole Creek.
7. Survey made by Kenneth M. Woychuk, Land Surveyors, PLLC dated 6/30/2014, last dated 1/25/2022
depicting premises and more shows (as to subject premises) vacant land. Irrigation well head, fire
hydrant, and utility poles- all within record lines of title. Overhead wires traverse subject premises.
Area of mowed grass, edge of woods and 100 foot jurisdiction line from top of bluff- each delineated.
No variations or encroachments.
8. Policy excepts rights of the utility companies to maintain or relocate overhead wires, utility poles, and
fire hydrant as shown on the survey referred to herein. Policy excepts rights of others to use said
services.
CT( National Title Insurance Company
a Williston Financial Group company
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLICY)
Attached to and made a part of Policy Number 3176036-06850215 File Number BAL5409S
1. The following is added as a Covered Risk:
"11. Any statutory lien arising under Article 2 of the New York Lien Law for services, labor or materials furnished prior
to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the
insured as shown in Schedule A of this policy."
2. Exclusion Number 5 is deleted, and the following is substituted:
5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental
authority and created or attaching between Date of Policy and the date of recording of the deed or other
instrument of transfer in the Public Records that vests Title as Shown in Schedule A.
This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or(iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Dated: 6/28/2022
WFG NATIONAL TITLE INSURANCE COMPANY
A h6rizep Slignatory
Standard New York Endorsement(1/9/2018)For use with ALTA Owner's Policy Page 1 of 1 TP-END-214-20220721-095629
(6/17/2006)
Williston Financial Group
WFG National Title Insurance Company I WFG Title Insurance Company
WFG National Title Company of Washington I WFG Lender Services
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its
affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution
provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you
and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing
you with this document, which notifies you of the privacy policies and practices of the Williston Financial Group of
companies.
We may collect nonpublic personal information about you from the following sources:
- Information we receive from you such as on applications or other forms.
- Information about your transactions we secure from our files, or from our affiliates or others.
- Information we receive from a consumer reporting agency.
- Information that we receive from others involved in your transaction,such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal
information will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our affiliates or
to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of nonaffiliated
companies that perform marketing services on our behalf or with whom we have joint marketing agreements:
- Financial service providers such as companies engaged in banking,consumer finance, securities
and insurance.
- Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR
ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that information in
order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply
with federal regulations to guard your nonpublic personal information.
If you have any questions about this Privacy Policy Notice,please contact us by writing to:
Williston Financial Group LLC
12909 SW 68`h Pkwy., Suite 350
Portland,OR 97223
policy shall be deemed not to include that provision or such arbitrator apply its conflicts of law principles to
part held to be invalid, but all other provisions shall remain determine the applicable law.
in full force and effect. (b) Choice of Forum: Any litigation or other proceeding
17. CHOICE OF LAW; FORUM brought by the Insured against the Company must be
(a) Choice of Law: The Insured acknowledges the filed only in a state or federal court within the United
Company has underwritten the risks covered by this States of America or its territories having appropriate
policy and determined the premium charged therefor in jurisdiction.
reliance upon the law affecting interests in real property 18. NOTICES,WHERE SENT
and applicable to the interpretation, rights, remedies, or Any notice of claim and any other notice or statement in
enforcement of policies of title insurance of the writing required to be given to the Company under this
jurisdiction where the Land is located. policy must be given to the Company at 12909 SW 68th
Therefore, the court or an arbitrator shall apply the law Parkway, Suite 350, Portland, OR 97223,Attention: Claims
of the jurisdiction where the Land is located to Department. WFG National Title Insurance Company's
determine the validity of claims against the Title that are telephone number is (800) 334-8885. Email address:
adverse to the Insured and to interpret and enforce the claims@wfgnationaltitle.com.
terms of this policy. In neither case shall the court or
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WFG Form No 3176036—without Standard NY Endorsement(7-01-12) Page 7 of 7
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to
building and zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
enforce, but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice
of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of
the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in
the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer
of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in
Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,
state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under
federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the
Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been
created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys'fees, and expenses incurred in defense of any matter insured against by
this Policy, but only to the extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,
costs, attorneys'fees, or expenses that arise by reason of:
1.
(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not
modify or limit the coverage provided under Covered Risk 5.
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WFG Form No 3176036—without Standard NY Endorsement(7-01-12) Page 2 of 7
(b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered
Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company,not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant
and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became
an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided
under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the
transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching
between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that
vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS stock, shares, memberships, or other equity
interests of the grantee are wholly-owned by
The following terms when used in this policy mean: the named Insured, (2) if the grantee wholly
(a) "Amount of Insurance':The amount stated in Schedule owns the named Insured, (3) if the grantee is
A, as may be increased or decreased by endorsement wholly-owned by an affiliated Entity of the
to this policy, increased by Section 8(b), or decreased named Insured, provided the affiliated Entity
b Sections 10 and 11 of these Conditions. and the named Insured are both wholly-owned
y by the same person or Entity, or (4) if the
(b) "Date of Policy": The date designated as "Date of grantee is a trustee or beneficiary of a trust
Policy" in Schedule A. created by a written instrument established by
the Insured named in Schedule A for estate
(c) "Entity":A corporation, partnership,trust, limited liability planning purposes.
company, or other similar legal entity.
(ii) with regard to (A), (B), (C), and (D) reserving,
(d) "Insured": The Insured named in Schedule A. however, all rights and defenses as to any
(i) the term "Insured"also includes successor that the Company would have had
(A) successors to the Title of the Insured by against any predecessor Insured.
operation of law as distinguished from (e) "Insured Claimant": An Insured claiming loss or
purchase, including heirs, devisees, survivors, damage.
personal representatives, or next of kin; (f) "Knowledge" or "Known": Actual knowledge, not
(B) successors to an Insured by dissolution, constructive knowledge or notice that may be imputed
merger, consolidation, distribution, or to an Insured by reason of the Public Records or any
reorganization; other records that impart constructive notice of matters
(C) successors to an Insured by its conversion to affecting the Title.
another kind of Entity; (g) "Land": The land described in Schedule A, and affixed
improvements that by law constitute real property. The
(D) a grantee of an Insured under a deed delivered term "Land" does not include any property beyond the
without payment of actual valuable lines of the area described in Schedule A, nor any right,
consideration conveying the Title (1) if the title, interest, estate, or easement in abutting streets,
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WFG Form No 3176036—without Standard NY Endorsement(7-01-12) Page 3 of 7
roads, avenues, alleys, lanes, ways, or waterways, but loss or damage and shall state, to the extent possible, the
this does not modify or limit the extent that a right of basis of calculating the amount of the loss or damage.
( access to and from the Land is insured by this policy.
5. DEFENSE AND PROSECUTION OF ACTIONS
(h) "Mortgage":Mortgage,deed of trust,trust deed,or other (a) Upon written request by the Insured, and subject to the
security instrument, including one evidenced by options contained in Section 7 of these Conditions, the
electronic means authorized by law. Company, at its own cost and without unreasonable
(i) "Public Records": Records established under state delay, shall provide for the defense of an Insured in
statutes at Date of Policy for the purpose of imparting litigation in which any third party asserts a claim
constructive notice of matters relating to real property to covered by this policy adverse to the Insured. This
purchasers for value and without Knowledge. With obligation is limited to only those stated causes of action
respect to Covered Risk 5(d), "Public Records" shall alleging matters insured against by this policy. The
also include environmental protection liens filed in the Company shall have the right to select counsel of its
records of the clerk of the United States District Court choice (subject to the right of the Insured to object for
for the district where the Land is located. reasonable cause)to represent the Insured as to those
"Title": The estate or interest described in Schedule U) A. stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company
(k) "Unmarketable Title": Title affected by an alleged or will not pay any fees,costs,or expenses incurred by the
apparent matter that would permit a prospective Insured in the defense of those causes of action that
purchaser or lessee of the Title or lender on the Title to allege matters not insured against by this policy.
be released from the obligation to purchase, lease, or (b) The Company shall have the right, in addition to the
lend if there is a contractual condition requiring the options contained in Section 7 of these Conditions, at
delivery of marketable title. its own cost, to institute and prosecute any action or
2. CONTINUATION OF INSURANCE proceeding or to do any other act that in its opinion may
The coverage of this policy shall continue in force as of Date be necessary or desirable to establish the Title, as
of Policy in favor of an Insured, but only so long as the insured, or to prevent or reduce loss or damage to the
Insured retains an estate or interest in the Land, or holds an Insured.The Company may take any appropriate action
obligation secured by a purchase money Mortgage given by under the terms of this policy,.whether or not it shall be
a purchaser from the Insured,or only so long as the Insured liable to the Insured. The exercise of these rights shall
shall have liability by reason of warranties in any transfer or not be an admission of liability or waiver of any provision
conveyance of the Title. This policy 'shall not continue in of this policy. If the Company exercises its rights under
force in favor of any purchaser from the Insured of either(i) this subsection, it must do so diligently.
an estate or interest in the Land,or(ii)an obligation secured (c) Whenever the Company brings an action or asserts a
by a purchase money Mortgage given to the Insured. defense as required or permitted by this policy, the
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED Company may pursue the litigation to a final
CLAIMANT determination by a court of competent jurisdiction, and
it expressly reserves the right, in its sole discretion, to
The Insured shall notify the Company promptly in writing (i) appeal any adverse judgment or order.
in case of any litigation as set forth in Section 5(a)of these 6. DUTY OF INSURED CLAIMANT TO COOPERATE
Conditions, (ii)in case Knowledge shall come to an Insured
hereunder of any claim of title or interest that is adverse to (a) In all cases where this policy permits or requires the
the Title, as insured, and that might cause loss or damage Company to prosecute or provide for the defense of any
for which the Company may be liable by virtue of this policy, action or proceeding and any appeals,the Insured shall
or (iii) if the Title, as insured, is rejected as Unmarketable secure to the Company the right to so prosecute or
Title. If the Company is prejudiced by the failure of the provide defense in the action or proceeding, including
Insured Claimant to provide prompt notice, the Company's the right to use, at its option, the name of the Insured
liability to the Insured Claimant under the policy shall be for this purpose.Whenever requested by the Company,
reduced to the extent of the prejudice. the Insured, of the Company's expense, shall give the
4. PROOF OF LOSS Company all reasonable aid (i) in securing evidence,
obtaining witnesses, prosecuting or defending the
In the event the Company is unable to determine the action or proceeding, or effecting settlement, and (ii) in
amount of loss or damage,the Company may, at its option, any other lawful act that in the opinion of the Company
require as a condition of payment that the Insured Claimant may be necessary or desirable to establish the Title or
furnish a signed proof of loss. The proof of loss must any other matter as insured. If the Company is
describe the defect, lien, encumbrance, or other matter prejudiced by the failure of the Insured to furnish the
insured against by this policy that constitutes the basis of required cooperation, the Company's obligations to the
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WFG Form No 3176036—without Standard NY Endorsement(7-01-12) Page 4 of 7
Insured under the policy shall terminate, including any (i) to pay or otherwise settle with other parties for or in
liability or obligation to defend, prosecute, or continue the name of an Insured Claimant any claim insured
any litigation, with regard to the matter or matters against under this policy. In addition, the Company
requiring such cooperation. will pay any costs, attorneys' fees, and expenses
(b) The Company may reasonably require the Insured incurred by the Insured Claimant that were
Claimant to submit to examination under oath by any authorized by the Company up to the time of
authorized representative of the Company and to Payment and that the Company is obligated to pay;
produce for examination, inspection, and copying, at or
such reasonable times and places as may be (ii) to pay or otherwise settle with the Insured Claimant
designated by the authorized representative of the the loss or damage provided for under this policy,
Company,all records, in whatever medium maintained, together with any costs, attorneys' fees, and
including books, ledgers, checks, memoranda, expenses incurred by the Insured Claimant that
correspondence, reports, e-mails, disks, tapes, and were authorized by the Company up to the time of
videos whether bearing a date before or after Date of payment and that the Company is obligated to pay.
Policy, that reasonably pertain to the loss or damage. Upon the exercise by the Company of either of the
Further, if requested by any authorized representative options provided for in subsections (b)(i) or (ii), the
of the Company, the Insured Claimant shall grant its p ( )
permission, in writing,for any authorized representative Company's obligations to the Insured under this policy
for the claimed loss or damage, other than the
of the Company to examine, inspect, and copy all of
these records in the custody or control of a third party Payments required to be made, shall terminate,
including any liability or obligation to defend, prosecute,
that reasonably pertain to the loss or damage. All
information designated as confidential by the Insured or continue any litigation.
Claimant provided to the Company pursuant to this 8. DETERMINATION AND EXTENT OF LIABILITY
Section shall not be disclosed to others unless, in the This policy is a contract of indemnity against actual
reasonable judgment of the Company,it is necessary in monetary loss or damage sustained or incurred by the
the administration of the claim. Failure of the Insured Insured Claimant who has suffered loss or damage by
Claimant to submit for examination under oath, produce reason of matters insured against by this policy.
any reasonably requested information, or grant
permission to secure reasonably necessary information (a) The extent of liability of the Company for loss or
from third parties as required in this subsection, unless damage under this policy shall not exceed the lesser of
prohibited by law or governmental regulation, shall
terminate any liability of the Company under this policy (i) the Amount of Insurance; or
as to that claim. (ii) the difference between the value of the Title as
7. OPTIONS TO PAY OR OTHERWISE SETTLE insured and the value of the Title subject to the risk
CLAIMS; TERMINATION OF LIABILITY insured against by this policy.
In case of a claim under this policy,the Company shall have (b) If the Company pursues its rights under Section 5 of
the following additional options: these Conditions and is unsuccessful in establishing the
Title, as insured,
(a) To Pay or Tender Payment of the Amount of Insurance.
(i) the Amount of Insurance shall be increased by
To pay or tender payment of the Amount of Insurance 10%, and
under this policy together with any costs, attorneys'
fees, and expenses incurred by the Insured Claimant (ii) the Insured Claimant shall have the right to have
that were authorized by the Company up to the time of the loss or damage determined either as of the date
payment or tender of payment and that the Company is the claim was made by the Insured Claimant or as
obligated to pay. of the date it is settled and paid.
Upon the exercise by the Company of this option, all (c) In addition to the extent of liability under(a)and (b),the
liability and obligations of the Company to the Insured Company will also pay those costs, attorneys'fees,and
under this policy, other than to make the payment expenses incurred in accordance with Sections 5 and 7
required in this subsection, shall terminate, including of these Conditions.
any liability or obligation to defend, prosecute, or 9. LIMITATION OF LIABILITY
continue any litigation.
(a) If the Company establishes the Title, or removes the
(b) To Pay or Otherwise Settle With Parties Other Than the alleged defect, lien, or encumbrance, or cures the lack
Insured or With the Insured Claimant. of a right of access to or from the Land, or cures the
claim of Unmarketable Title, all as insured, in a
ALTA Owner's Policy 06-17-2006
WFG Form No 3176036—without Standard NY Endorsement(7-01-12) Page 5 of 7
reasonably diligent manner by any method, including until after the Insured Claimant shall have recovered its
litigation and the completion of any appeals, it shall loss.
have fully performed its obligations with respect to that (b) The Company's right of subrogation includes the rights
matter and shall not be liable for any loss or damage of the Insured to indemnities, guaranties, other policies
caused to the Insured. of insurance, or bonds, notwithstanding any terms or
(b) In the event of any litigation, including litigation by the conditions contained in those instruments that address
Company or with the Company's consent,the Company subrogation rights.
shall have no liability for loss or damage until there has 14. ARBITRATION
been a final determination by a court of competent
jurisdiction, and disposition of all appeals, adverse to Either the Company or the Insured may demand that the
the Title, as insured. claim or controversy shall be submitted to arbitration
(c) The Company shall not be liable for loss or damage to Pursuant to the Title Insurance Arbitration Rules of the
the Insured for liability voluntarily assumed by the American Land Title Association ("Rules"). Except as
Insured in settling any claim or suit without the prior provided in the Rules, there shall be no joinder or
written consent of the Company. consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any
10. REDUCTION OF INSURANCE; REDUCTION OR controversy or claim between the Company and the Insured
TERMINATION OF LIABILITY arising out of or relating to this policy, any service in
All payments under this policy, except payments made for connection with its issuance or the breach of a policy
costs, attorneys' fees, and expenses, shall reduce the provision, or to any other controversy or claim arising out of
Amount of Insurance by the amount of the payment. the transaction giving rise to this policy. All arbitrable
matters when the Amount of Insurance is$2,000,000 or less
11. LIABILITY NONCUMULATIVE shall be arbitrated at the option of either the Company or the
The Amount of Insurance shall be reduced by any amount Insured. All arbitrable matters when the Amount of
the Company pays under any policy insuring a Mortgage to Insurance is in excess of$2,000,000 shall be arbitrated only
when agreed to by both the Company and the Insured.
which exception is taken in Schedule B or to which the Arbitration pursuant to this policy and under the Rules shall
Insured has agreed, assumed, or taken subject, or which is be binding upon the parties. Judgment upon the award
executed by an Insured after Date of Policy and which is a rendered by the Arbitrator(s)may be entered in any court of
charge or lien on the Title, and the amount so paid shall be competent jurisdiction.
deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS 15. LIABILITY LIMITED TO THIS POLICY; POLICY
ENTIRE CONTRACT
When liability and the extent of loss or damage have been (a) This policy together with all endorsements, if any,
definitely fixed in accordance with these Conditions, the attached to it by the Company is the entire policy and
payment shall be made within 30 days. contract between the Insured and the Company. In
13. RIGHTS OF RECOVERY UPON PAYMENT OR interpreting any provision of this policy, this policy shall
SETTLEMENT be construed as a whole.
(a) Whenever the Company shall have settled and paid a (b) Any claim of loss or damage that arises out of the status
claim under this policy, it shall be subrogated and of the Title or by any action asserting such claim shall
entitled to the rights of the Insured Claimant in the Title be restricted to this policy.
and all other rights and remedies in respect to the claim (c) Any amendment of or endorsement to this policy must
that the Insured Claimant has against any person or be in writing and authenticated by an authorized person,
property, to the extent of the amount of any loss, costs,
attorneys' fees, and expenses paid by the Company. If or expressly incorporated by Schedule A of this policy.
requested by the Company, the Insured Claimant shall (d) Each endorsement to this policy issued at any time is
execute documents to evidence the transfer to the made a part of-this policy and is subject to all of its terms
Company of these rights and remedies. The Insured and provisions. Except as the endorsement expressly
Claimant shall permit the Company to sue, states, it does not (i) modify any of the terms and
compromise, or settle in the name of the Insured provisions of the policy, (ii) modify any prior
Claimant and to use the name of the Insured Claimant endorsement, (iii) extend the Date of Policy, or (iv)
in any transaction or litigation involving these rights and increase the Amount of Insurance.
remedies. If a payment on account of a claim does not 16. SEVERABILITY
fully cover the loss of the Insured Claimant, the
Company shall defer the exercise of its right to recover In the event any provision of this policy, in whole or in part,
is held invalid or unenforceable under applicable law, the
ALTA Owner's Policy 06-17-2006
WFG Form No 3176036—without Standard NY Endorsement(7-01-12) Page 6 of 7
N
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WAIVER
NYS DEPARTMENT OF AGRICULTURE AND MARKETS
The undersigned, owner of 12.1935 acres of active farmland and/or 0 acres of non-
farmland, situated at Suffolk County Tax Map No. 1000-115.00-010.00-001.000 (part of)
that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural
District#1, pursuant to Section 305 (4)(d) of the New York State Agriculture and Markets
Law, hereby waive my right to require the Town of Southold to file with the Commissioner
of Agriculture and Markets and the County Agricultural and Farmland Protection Board a
Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of Section
305(4) of the Agriculture and Markets Law.
r-
Proiect Sponsor Landowner
TOWN OF SOUTHOLD PECONIC LAND TRUST, INCORPORATED
By: B
SCO A. RUSSELL, Sup&rvisor .30� -H• 1fr�L.S Ey, Pr��i ,�
53095 Route 25 296 Hampton Road
P.O. Box 1179 P.O. Box 1776
Southold, NY 11971-0959 Southampton, NY 11969
(631) 765-1889 (631) 283-3195
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFQLK )
On the 7j` - day of June, 2022, before me personally appeared SCOTT A.
RUSSELL, personally known to me or provided 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 as Supervisor of the
TOWN OF SOUTHOLD, and that by his signature on the instrument,the individual, or the
i
{
municipal corporation upon behalf of which the individual acted, executed the instrument
and that smch individual made such appearance before the undersigned.
W / —
Notary Public STEVEN BODZINER
NOTARY PUBLIC,STATE OF NEW YORK
SUFFOLK COUNTY
LIC.#02BO4672972 e40
COMMISSION EXPIRES FEB. 28,24M9
STATE OF NEW YORK
) ss..
COUNTY OF SUFFOLK )
On the 7 day of June, 2022, before me personally appeared
jo,PJ v 4. 4At.s'Fj , personally known to me or provided 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 as
of the PECONIC LAND TRUST, INCORPORATED, and that by
his signature on the instrument,the individual, or the corporation upon behalf of which the
individual acted, executed the instrument and that such individual made such appearance
before the undersigned.
Notary Public
MELANIE A.CIRILLO
Notary Public,State of New York
No.01C15035908
Qualified in Suffolk County
Commission Expires 11/14(10?Z-
i
NE1t�v®RtC Agriculture
STATE QF
QPFORTUNIM and Markets
KATHY HOCHUL RICHARD A.BALL
Governor Commissioner
December 20, 2022
Melissa Spiro
Department of Land Preservation
Town of Southold
PO Box 1179
Southold, NY 11971-0959
Re: Waiver—Town of Southold, Suffolk County—Acquisition of an Interest in Land
Dear Ms. Spiro:
The Department has reviewed documentation submitted by The Town of Southold to waive
the Notice of Intent filing requirements in Section 305(4) of the Agriculture and Markets Law
in connection with the acquisition of an interest in land within Suffolk County Agricultural
District No. 1. The documentation includes a waiver signed by Peconic Land Trust, Inc for
- , approximately 12.19 acres of active farmland (Tax Parcel ID No 1000-115.00-010.00-
001.000 located in the Town of Southold.
The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section
371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of
subdivision (4) are deemed waived for acquisition of an interest land on the referenced
parcel by the Town of Southold. Should the project encompass other parcels of more than
one acre from an active farm, or ten acres or more from the district, the Section 305(4)
Notice provisions could still apply to those parcels.
You are reminded that waiving the filing requirements in paragraphs (b) and (c) of
subdivision (4) does not relieve the Town of Southold of its obligation under paragraph (a)
to use all practicable means in undertaking a proposed action to minimize or avoid adverse
impacts on agriculture within agricultural districts. If you have any questions, please feel
free to contact me.
Sincerely,
Judy Littrell
Senior Environmental Analyst
cc: Ken Schmitt, Chair, Suffolk County AFPB
22-23OW
OFFICE LOCATION:
MELISSA A. SPIRO ®F $®(®�� Town Hall Annex
LAND PRESERVATION COORDINATOR ® ®1 54375 State Route 25
melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue)
Southold, New York
Telephone(631)765-5711 ems ,e
MAILING ADDRESS:
www.southoldtownny.gov
C®UNrii P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
November 15,2022
Kate Tylutki
Senior Environmental Analyst
Agricultural Protection Unit
NYS Department of Agriculture and Markets
I OB Airline Drive
Albany,NY 12235
Re: PECONIC LAND TRUST.INCORPORATED to TOWN OF SOUTHOLD
SCTM#1000-115.-10-1
Dear Ms. Tylutki:
Enclosed please find the"Waiver—NYS Department of Agriculture and Markets"that was executed by
Southold Town Supervisor Scott A. Russell and John V. H. Halsey,President of Peconic Land Trust,
Incorporated at a closing held on June 28,2022 for a development rights easement on farmland identified
as part of SCTM#1000-115.-10-1. Details regarding this easement are as follows:
GRANTOR: Peconic Land Trust, Incorporated
GRANTEE: Town of Southold
SUFFOLK CO RECORDING DATE: July 20,2022
LIBER: D00013165
PAGE: 584
LOCATION: 4180 New Suffolk Avenue,Mattituck,NY
EASEMENT ACREAGE: 12.1935 acres
SUFFOLK CO TAX MAP#: 1000-115.00-10.00-001.000
Please provide me with a written acknowledgment of your receipt of this waiver at your earliest
opportunity. Thank you.
Sincerely, Q'
A4r.."./ -
Melissa Spiro
Land Preservation Coordinator
/md
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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Division of Lands and Forests,Bureau of Real Property
625 Broadway,5th Floor,Albany,New York 12233-4250
P:(518)402-9442 1 F:(518)402-90281 Landsforests@dec.ny.gov
www.dec.ny.gov
November 28, 2022
Melanie Doroski
Land Management Specialist II
Land Preservation Department
Town of Southold
53095 Main Road, PO Box 1179
Southold, NY 11971-0959
Dear Ms. Doroski:
We received the following conservation easement from you in our office on November
22, 2022:
CE #: Suffolk 0718
�J Grantor: Peconic Land Trust, Inc.
Deed: Book D00013165, Page 584
Recorded: 7/20/2022
The conservation easement number cited above has been identified for our indexing
and filing purposes. Kindly use this number when contacting us about the easement.
Thank you.
Sincerely,
Lynn M. Lindskoog
Real Estate Specialist
Bureau of Real Property
Iml
NEwYORK Department of
o aoeTUNrzv Environmental
Conservation
OFFICE LOCATION:
MELISSA A. SPIRO *®f S®�/r� Town Hall Annex
LAND PRESERVATION COORDINATOR 54375®�® 54375 State Route 25
melissa.spiroC�town.southold.ny.us (comer of Main Road& Youngs Avenue)
Southold, New York
Telephone(631)765-5711 ems
MAILING ADDRESS:
www.southoldtownny.gov P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
November 28, 2022
Holly Sanford, Project Manager
Peconic Land Trust, Incorporated
P.O. Box 1776
Southampton, NY 11969
Re: NYSDEC Conservation Easements Registry
CE: Suffolk 0718
Part of SCTM 91000-115.-10-1
Dear Holly:
Please be advised that the Town's purchase of a development rights easement on part of
SCTM#1000-115.4 0-1 has been officially registered with the New York State
Department of Environmental Conservation. Enclosed is a copy of the information we
received from NYSDEC with this property's assigned identifier, Suffolk 0718. If you are
eligible to claim a tax credit for the sale of the easement to the Town of Southold, you
may need to provide this control number to the NYS Department of Taxation and
Finance.
Very truly yours,
Melanie Doroski
Land Management Specialist II
enclosure
OFFICE LOCATION:
MELISSA A. SPIRO ��F SO Town Hall Annex
LAND PRESERVATION COORDINATOR �� �1 54375 State Route 25
melissa.spiroC&town.southold.ny.us '` (corner of Main Road& Youngs Avenue)
Southold, New York
Telephone(631)765-5711 va
MAILING ADDRESS:
www.southoldtownny.gov l
CDU�,N P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
VIA electronic mail
robert.morrell@dec.ny.gov
robert.burghe r@dec.ny.gov
November 22,2022
NYSDEC
Bureau of Real Property
625 Broadway,51 Floor
Albany,NY 12233-4256
Re: Conservation Easements Registry
PECONIC LAND TRUST,INCORPORATED to TOWN OF SOUTHOLD
Gentlemen:
Attached within this email,please find a copy of the recorded Grant of Development Rights Easement on
property located within the Town of Southold to be registered with the New York State Department of
Environmental Conservation.Details regarding this easement are as follows:
GRANTOR: Peconic Land Trust, Incorporated
GRANTEE: Town of Southold
SUFFOLK CO RECORDING DATE: July 20,2022
LIBER: D00013165
PAGE: 584
LOCATION: 4180 New Suffolk Avenue,Mattituck,NY
EASEMENT ACREAGE: 12.1935 acres
SUFFOLK CO TAX MAP#: 1000-115.00-10.00-001.000
Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number
assigned to this easement.
Sincerely,
44 4v..�
Melissa Spiro
Land Preservation Coordinator
enc.
cc: Holly Sanford,Peconic Land Trust,Incorporated—P.O.Box 1776, Southampton,NY 11969 w/enc.
P
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St1fF0C,�- OFFICE LOCATION:
MELISSA A.SPIRO O�� COG Town Hall Annex
LAND PRESERVATION COORDINATOR �.� .f. 54375 State Route 25
melissa.spiro@town.southold.ny.us (comer of Main Rd&Youngs Ave)
NSouthold,New York
Telephone(631)765-5711 y.
Facsimile(631)765-6640 0 • !� MAILING ADDRESS:
www.southoldtownny.gov �0( � P.O.Box 1179
Southold,NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To: Supervisor Russell Tax Assessors
Town Board Building Department
Town Clerk Land Management
Land Preservation Committee Town Comptroller
Town Attorney Planning Board
Public Works Peconic Land Trust
Suffolk Co Division of Real Estate The Nature Conservancy
Agricultural Advisory Committee
From: Melissa Spiro, Land Preservation Coordinator
Date: July 5, 2022
Re: PECONIC LAND TRUST, INCORPORATED(Koehler)to TOWN OF SOUTHOLD
Part of SCTM #1000-115.-10-1
Development Rights Easement
Please be advised that the Town of Southold has acquired a development rights easement on the
property listed below. If you would like any additional information regarding the purchase, please feel free
to contact me.
LOCATION: 4180 New Suffolk Avenue, Mattituck
SCTM#: part of 1000-115-10-1
PROPERTY OWNER: Peconic Land Trust, Incorporated
(Property f/k/a Koehler Family Limited Partnership)
CONTRACT DATE: December 8, 2021
PURCHASE DATE: Closing took place on June 28, 2022
PURCHASE PRICE: $841,351.50 (12.1935 buildable acres @$69,000/acre)
EASEMENT ACREAGE: 12.1935 acres
TOTAL PARCEL ACREAGE: 14.94 acres
EXCLUDED AREA ACREAGE: #1A: Reserve/Development Area with existing dwelling @ 89,281 sq.ft.
#1 B: Reserve/Development Area for access purposes @ 30,363 sq.ft.
#2: Excluded area for Town road asphalt encroachment @ 113 sq.ft.
Covenants& Restrictions were recorded at the closing pertaining to
Reserve/Development Area#1A, prohibiting subdivision of this area from
the Development Rights Easement Area.
ZONING: Agricultural-Conservation (A-C)Zoning District
FUNDING: Community Preservation Fund (2%)
} MISC.: A simultaneous closing took place on June 28th:
Peconic Land Trust purchased the 14.94 acre property from the Koehler
Family Limited Partnership, and then the Town purchased the 12.1935
acre Development Rights Easement from Peconic Land Trust.
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11.27.2021 ENVIRONMENT
Deep Dole Creek preservation is near thanks to
major community fundraising effort
By Brianne Ledda
Peconic Land Trust plans to close on the property at 4180 New Suffolk Ave. in Mattituck in the
coming weeks. (Credit: Brianne Ledda)
After an outpouring of community support, Peconic Land Trust has made plans to close on the purchase
of 15 acres of waterfront property in Mattituck in coming weeks.
The land trust intends to become"interim owner"of the property,with hopes to sell the land to a
conservation buyer who will potentially cultivate the land, according to its website. The purchase will be
partially funded by$625,000 in donations raised by community members, after learning at a series of
public hearings over the winter that the property was poised to become a seven-lot subdivision.
"It's never too late to explore a conservation opportunity," said Alison Delaney, development officer at
Peconic Land Trust. "This was in public hearings,which if community members and myself and my
colleagues were pessimists,we might have said it's too little too late. But the community didn't say that
and the land trust didn't say that."
She added that the conservation efforts came to fruition through hard work, a willing seller and
collaboration with the town. "And in this particular case, it was really the community's strong desire to
see this have a conservation outcome that really propelled this project forward," she said.
Holly Sanford, project manager at Peconic Land Trust, said a"major portion"of the 15-acre property has
always been cultivated, although it's fallow at the moment.The land trust hopes to perpetuate the land as
a farm.
"There was an interest by the community to protect the land, initially as,we were thinking a park, but it
was just too financially demanding to do it that way. We had to find some way to partner either with a
municipality or with a conservation buyer,"she said.
She said there's a"little cottage there at the moment" and although the land isn't currently being used to
cultivate crops,the land trust hopes to"reassemble it as a farmstead, sell it to a farmer or prospective
buyer who would be interested in either leaving the land fallow and open or cultivating it, [or] leasing it."
Southold has set a public hearing for Nov. 30 to purchase development rights on the property at$69,000
per acre using Community Preservation Funds. Peconic Land Trust is not associated with CPF, a voter-
approved 2% tax collected by East End towns on real estate transfers and used for open space and
farmland protection programs.
The resolution setting the public hearing, approved at a town board meeting on Nov. 16, notes that the
"exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation
Committee and the property owner."The total cost is estimated at$821,100 for the 11.9-acre easement,
below the value indicated in the town's commissioned appraisal, according to the resolution. The
purchase price will be adjusted at closing based on the final survey acreage determination plus acquisition
costs, it says.
"The preservation was made possible by two groups, and that was a group of very committed people in
that area and Peconic Land Trust," Supervisor Scott Russell said. "The town's happy to play its part to
purchase development rights and further the goals and the accomplishments of both of those groups."
Ms.Delaney said the parcel's location along New Suffolk Avenue, an"iconic road on the North Fork," is
one of the reasons it stands out to the community. The combination of neighborhood developments,
historic homes and preserved land along the approximate 3.5-mile stretch from Main Road to New
Suffolk Beach helps make it"unique."
"It stands out as both developed and sort of a part of modern history, as well as a look back to what
agriculture and historic homes were for the North Fork," she said. "Because so many people live in the
neighborhoods off of New Suffolk Avenue, and because so many people like that as a scenic drive down
to the waterfront, and it is the last large parcel that's undeveloped on the creek,I think it just stood out."
She added that donations came in from people across the North Fork, beyond Mattituck and the
immediate area.
"I think people feel like they want to see the North Fork community come together,you know, as they
have in the past and hopefully will in the future, to preserve what we have left," she said. "Each time that
we don't stand up and try to come up with a conservation option ... it's another parcel that perhaps goes
to commercial development, or residential development."
Ms. Sanford said the community seems to hope that whoever takes possession of the parcel in the future
will maintain a low-impact property. Additionally, it's near Deep Hole Creek so "there's a water quality
aspect to the project as well," she said.
The property was listed at$3.1 million, according to Ms. Delaney. Peconic Land Trust declined to share
the purchase price. The land trust took out a line of credit to fund the rest of the purchase, beyond
community donations. A donor is covering the cost of interest.
"So basically,those are the three funding sources that will be used to close on this,then the land trust will
become the interim owner and our plan will be to sell it to someone,to a conservation buyer,"Ms.
Delaney said. "It'll be restricted land at that point."
Ms. Sanford said the project was "very unlikely"; she emphasized that it was propelled by community
members making donations, writing letters and distributing information.
"It's only because of the community interest and support that it really got the momentum it has, and
hopefully it will come to fruition and it will be part and parcel to the community's involvement," she said.
Peconic Land Trust hopes to raise another$280,000 for the project by the end of the year.
Brianne Ledda
THE SUFFOLK TIMES
07.07.2022 ENVIRONMENT
Peconic Land trust closes on Deep Hole Creek
parcel; community contributed more than
$650K
By Melissa Azofeifa
The parcel in Mattituck.(Credit:Brianne Ledda)
Last week,with the community's help,Peconic Land Trust achieved a goal it had been working toward since last year:closing on the purchase of
Mattituck's Deep Hole Creek parcel.
The land conservation organization became the interim owner of the 15-acre waterfront property along New Suffolk Avenue last Tuesday,according to
Peconic Land Trust senior project manager Holly Sanford.
As interim owner,the trust will protect the land until it can find the right conservation buyer to maintain or cultivate it,Ms.Sanford said.
"We have a stewardship department that will be monitoring and managing the land,"she said."We will have a process where we will need to get an
appraisal,because we are intending to sell this to a conservation buyer...There's a lot of work here ahead of us to find a qualified buyer."
The trust hopes to put the property on the market as soon as the end of the year,Ms.Sanford said.
"We have to assess the value as well as the costs that have now been put into it and that will continue to be incurred over the next couple of months before
we're able to list it,so we don't have a specific price yet,"Ms.Sanford said."We were hoping to tum it around by the end of the year,if that's possible...
we're hoping,but it could be a year and a half."
The trust chose to purchase the land so it wouldn't be lost to development,Ms.Sanford said.
"The trust became the interim owner because there was no immediate conservation buyer at the time this was going to move forward,we needed to move
swiftly to acquire the property,or we would have lost it forever to development,"she said.
The project came to the trust's attention after community members learned through a series of public hearings that the property was on the verge of
becoming a seven-lot subdivision.
The purchase was funded by over$650,000 in community donations,with the trust taking out a line of credit to cover the rest.The Suffolk Times reported
in November that an anonymous donor covered the cost of the interest on the purchase and,Ms.Sanford said,will continue to do so until the land is sold.
Southold purchased development rights to the property at$69,000 per acre using Community Preservation Funds in November.Back then,the total cost
was estimated at$821,000 for the 11.9-acre easement,which was below the value indicated in the town's commissioned appraisal,according to a
November resolution.
The property was listed at$3.1 million,The Suffolk Times reported in November.Peconic Land Trust declined to share the purchase price.Ms.Sanford
said she would wait for that information to become public domain.
Ms.Sanford emphasized that the purchase was made possible through a collaborative effort of Southold Town,community members and the property's
previous owners,the Koehler family.
"Everybody has to realize it's a collective collaboration,"Ms.Sanford said."Thank you to the Koehler family,for being open to conservation,to the town
for acknowledging the importance of protecting this property and the community who really initiated the whole project by contacting the trust and
providing the necessary funds to close the shortfall,"she said.
P
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SCOTT A.RUSSELL
WILLIAM McQUAID DUFFY ,,
Supervisor
TOWN ATTORNEY
'bill.duffyCwtown.southold.ny.us ...,. .....
fi ti, Town Hall Annex, 54375 Route 25
DAMON A. HAGAN t ' `� " P.O.Box 1179
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ASSISTANT TOWN ATTORNEYgK ;> %rte'="''; Southold,New York 11971-0959
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damonhGsoutholdtownny.gov c 1+
�A• �f-,,. ,E� �} Telephone(631) 765-1939
JOHN J.BURKE Cow
Facsimile 1,631)765-6639
ASSISTANT TOWN ATTORNEY
johnbugsoutholdtown ny.gov
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
WHEREAS there is an impending transaction for the sale of the development rights on the parcel
located at SCTM#1000-115-10-01;and
WHEREAS the PECONIC LAND TRUST(the"Purchaser") will be purchasing the parcel
located at SCTM#1000-115-10-01;and
WHEREAS the TOWN OF SOUTHOLD(the"Town")has neighboring roadways to the
northwest of the property adopted into the Town's highway system as Marratooka Road and
New Suffolk Avenue; and
WHEREAS upon a site inspection at the above referenced location it was observed that
approximately 113 square ft at the northwest corner of the parcel has been paved over rounding
out the corner of the roadway at the intersection of Marratooka Road and New Suffolk Avenue;
and
WHEREAS the proposed sale of development rights will not encompass said 113 Square feet
Northwest corner of the subject parcel;and
WHEREAS the status of this 113 Square feet has caused a defect in title that must be addressed
prior to close; and
NOW THEREFORE at the conclusion of the contemplated transaction all parties thereto will
join in an application for a lot line modification at SCTM41000-115-10-01 wherein the 113
square feet will be removed from the subject parcel and added to the adopted road system of the
Town of Southold.
REVIEWED RATIFIED AND ACCEPTED
Dated: April 0, 2022
PECONIC LAND TRUST TOWN OF SOUTHOLD
By: J,Sohn v(�. S>r� f �'"�g dP'd't /�ike,Deputy Town Attorney
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FILL ° / RESERVE/DEVELOPMENT AREA #1A: 89,281 S.F. TOTAL AREA
�–DISTURBANCE BUFFER INCLUDES EXISTING 10' WIDE LONG ISLAND POWER AUTHORITY ACCESS: 5,319 S.F.
\'• TOWN OF SOUTHOLD II �) a.'.'::: / ►
DEVELOPMENT RIGHTS EASEMENT AREA
531,149 S.F. I� 262 S.F. TOTAL AREA
A ! I: ,2.r NO , �r, R .:.'.'.'.' 'iii `. AREA #2: 531,
5TH . • ,••••••••• / INCLUDES TOWN OF SOUTHOLD DEVELOPMENT RIGHTS AREA: 531,149 S.F.
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INCLUDES ROADWAY ASPHALT: 113 S.F.
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54.64' _ Mott x,30• E RESERVED DEVELOPMENT AREA #16: 30,363 S.F. TOTAL AREA
3512'.22E. WA o°ss FENCE N 7�g7,2o' INCLUDES 35' WIDE ACCESS ALONG (SCTM§1000-115-10-2): 25,967 S.F.
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N a6 40 20 E INCLUDES 10' WIDE LUPTON POINT RD. ACCESS: 2,374 S.F.
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................... : ::N PROPOSED 70 WIDE ACCESS 405 — f 440.77 ass 1.+E
\ PROPOSED 35' WIDE ACCESS REVISED 01-12-22
2.022 S.F. _.._. _ AREA of MOWED
GRASSREVISED 12-22-21
::::.... sob _ WA R) REVISED 11-27-21
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RESERVE/DEVELOPMENT AREA #18 SUS�4{/F Po, Cyst�1NE pwEl 1 IN wXO) UNAUTHORIZED ALTERA77ON OR ADD11701V TO 7HIS SURVEY IS A WOLA77ON OF SEC77ON 7209 OF 7HE NEW YORK STATE £DUCA77ON LAW. COPIES OF THIS SURVEY
EXISTING 10' WIDE PORTION es pve ANG ' 9A e.eN ES pusuC MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD TRU£ COPY. GUARANTEES INDICA7ED HEREON SHALL RUN
XI EXISTING 2 I RIGHT OF WAY UC WA � O.o 1►,rp (US ONLY TO 7HE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO 7HE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS777ZJ77ON
2,374 S.F. c- LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INS777U770N, GUARANTEES ARE NOT TRANSFERABLE.
INE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE
NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC770M OF FENCES, ADD17IONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS
AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 77ME OF SURVEY
SURVEY OF:DESCRIBED PROPERTY CERTIFIED T0: PECONIC LAND TRUST;
TOWN OF SOUTHOLD;
SITUATED AT. MATTITUCK BRIDGE ABSTRACT LLC;
TowN DF-SOUTHOLD KENNETH M WQYCHUK LAND SURVEYING, PLLC
SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design
4n��* 4tp� P.O. Boa 153 Aquebogue, New York 11931
FlLE 14-62 scALE:1"=50' DAA JUNE 30, 2014 PHONE (631)298-1588 FAX (631) 298-1588
N.Y•S LI SC. NO. 050882 maintaining the reeords of Robert J. Hennessy& Kenneth Y. •oyebuk
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Town e v e o men Sources: Peconic Land Trust, NY
S ITS GIS Program Office, Suffolk County
Real Property Tax Service Agency
Prepared By: James Mccomb on November 23, 2021
Town of SNYR19ghts Spatial Reference: NAD 1983 2011 StatePlane New York Long Isl FIPS 3104 Ft US