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HomeMy WebLinkAboutPeconic Land Trust (Koehler) CAI 1000415=10=1 Baseline"Do,cumentation remises• 41,80 'New= Suffolk: Avenue • : - y Y mattituck New 'York+ , ;,•ale fi f _ v —' 'r '• -' ., v .. : i,,- _ 12"A935 "acres ` „ Development Rights Easement �PEC,ONIC LAND.:TRYST ,. :INCORPORATE-D . } ;y - : ---_- f/k/.gXoehl' Pro er . . ,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. A P P R A I S A L Pace#1_ APPRAISAL OF REAL PROPERTY A I _ 4 a :� —■w 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 E N V I R O N M E N T A L S U 1VI M A R Y 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 ES-2 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 ES-3 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 ES-5 'P 1 .A J Atarratuoka pond Site A l ? O r X n Mattdud 3 iUprO'Ji P ii''f Mf r Airport O , Y 4F ' N of n f SN�k ���OA uttl'ER 11we frr, i USGS The National Map: National Boundaries Dataset, 3DEP Elevation Program,Geographic Names Information System,National Hydrography Dataset,National Land Cover Database, National Structures Dataset,and 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 0 375 750 1,125 1,500 Feet Sc/ /I I #/000— 115— /O—O/ 19000.034 r, •Am� At l E 1, M , sor y r • '.r is ( `� „ '•, • L e � � • ylAr iy �`• Site • _I•���t �,'+ tt,.nLE���t.. Ott Y • Is urc -sri Max r,Ge• =y Ea hs ar G ograp ies, ESN-Airbus=Q;S, USDA, U � ,Aer•G , IGN an• th I$`4User mom nits ' � `� o iso 300 Feet AREA SITE MAP N Property Mew Suffolk Avenue Cashin AssvciatEs. P.C. Mattituck, New York 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 00 Without Base Flood Elevation(BFE) Zone A,V A99 jI SPECIAL FLOOD With BFE or Depth Zone AF.Ao.AN,VE.AR HAZARD AREAS Regulatory Floodway Ir r � 0.2%Annual Chance Flood Hazard,Areas of 1%annual chance flood with average r depth less than one foot or with drainage areas of less than one square mile z—x Future Conditions 1%Annual Chance Flood Hazard zone x Area with Reduced Flood Risk due to AL AL- # { OTHER AREAS OF Levee.See Notes.zone x 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= Q Effective LOMRs 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 36 2 1 I FEATURES Hydrographic Feature 11 ` . Digital Data Available N i o No Digital Data Available 1 { MAP PANELS Unmapped { 0 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. Y' { 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 *\ accuracy standards 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 L 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 Feet 1.V 00o unmapped and unmodernized areas cannot be used for 0 250 .500 1,000 1,500 2,000 regulatory purposes. Basemap:USGS National Map:Orthoimagery:Data refreshed October,2020 P U B L I C H E A R I N G 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. 8 9 10 11 B E F 0 R E: +.ma 12 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 19 20 21 22 23 24 25 l . 2 _ 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 i ` 3 _ 1 addition, this would be classified as an' � J 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, J - 8 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 9 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 _( r 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. ) 20 21 22 23 24 25 30 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 23 24 r 25 S E Q R A P U R C H A S E R E S O L U T I O N 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 C L O S I N G S T A T E M E N T 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 • I ;ti — I TOWN OF SO UTHOLD VENDOR .04070 KOEHLER FAMILY LIMITED PTNRSHP 05/24/2022 CHECK 148821 q I FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT I I I I CM .8660.2.600.100 21-920 060922 SCTM#1000-115. -10-1 841,351.50 In TOTAL, 841,351.50 LA ''./ :.,?r�q"" t.a •t•N S. _ Al 1 , `f >✓s�V y. � � r CI i4•mom c� J_•� - \ I i 'F '�=1i i�...;. y"�f;• �.-��+• � v,�?� �"\ / I �'�" 4. •!:t :Y4 -; 5�..�u�14'✓1.��-�'t•'� 3- y4''}M1 ^3+J• ' (Sf "'"`-+ -,•,,;•: ii�^j:!.'i� Ii Mt,l+'� ''"�':,;X"' tt, .'•"•'x, 'f .y ''ry ."• :. ( .. w r., ''"-'es`.� :,.{{i:•r..,i%i•riiZ:}'I�r, l'�`.i,1:CLv-_'•. ��•• '�' �''e`I—�'�. I f .S;E�fi� .�T}'.•'i=F�m�.'"'�-,f=1� i'rs:: ,..f-:r�;,``i�:f'''' "''�:,� "'` I • �'. ��1' •� {,, �$,YL�'`y �.N.4.n �•�' .},its..... ?u• �J':t'•''.+1. .,✓"' `:'.: `�" t• "F4.,.' ':;`.iA • 1` �': r:t?'r'?'mir�kIL. .�i;�. J,.Y���.�:w °� '.�y;•F`,''{+t �F°<�•' a:;Com•*,.,•;•:� l is rl.5.i$r' •4. I'1�•'i:t i•.•:..,.C'•L• r X51.y af'�.:Jih u us r"%;1{��..;'� t—,;.r.p%> ��1§.s .°5.w'.;.•;M' '�i?7.:1=� t "A ::� : .•yy:t..A.4 ti t r .:i Yt''L!• I'Cli?h:�.�kl:;. •�1�7:' �t:m•� '�Aw • ia`+�'raa t�: j•".f':iso:2:1:�t3•';'•"�!-t:'<I:�i'W'v• .•:b=,;y�y,�q^•� y ' , 1 i; I . 111 I I 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 '., • 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 V- �►.. . �T ; ORDER MATTITUCK NY�. 11952 OF' v 1488 2 Luw 40 2 L4-05464i: 63 000004 Ons ` Andrew Stype Realty,Inc. l 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 h = _= e � _ ` � ►�7 :j+At a;';C2i _':sem.,SCR�� - �..ac.�.-- -s•..L.�-�e�:s--r;:x:�?- .�c� '=i__.ucr, _ �'.�,"-^�"^�'���.�=-%�w-'_.�.,� :,: �_ �. 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 ' rSs ' Y.' •'^ :x�r�''.':.�--"2 :.x_� � .='--.�V-._ -•- ^v.__'c:': _' - "�'--'�E.'w'�.�--•: r�� ���.`a-c� •-�'�.�._.._t-.s- y..-.-�---�.•�—=�:�':xr.-=�.�?t�=�c�:�`�.:�•� .:fir real estate appraisal 1,500.00 : SUBTOTAL 1,500.00 .",fi.'�t���:SF:�,�Kr =.;?�_'_-^..-,�.j r_^-j`%K`�_�� '.`:`=rr.+:^(�t"�'ir-;s=`�"..._,�,.,_.. _ - K•.5-'+'ay=:r^. c-�""�`'z.3'-.'•Q=.F �"'F''C•."�'..:�"a-�e1': -_..::'cam-_r:�:.,c' -" _ `-;;%s•..- �.=ix:-�-:,sc-c5:.=ii�:.---. 'V:1„7_:d fs.:-i?y.,,-3s:..,� i�"-r:=�+.s+::..._. '"�-�`i _ __ '�'::" " � _ �PAXM�TS�=�=�.. .H;:=-� - �.�__.� _s;.�_-,.;��-__v�.: �_ _�.�;z���r�'---Y;_•Y�:�.,;.,:-�~--�-.��. ��',��.�:�A DG. -_:x'�>..-... _ ._.�-^_. ��...a"'� ... cw-�--•-�'_.c'`''s--=,_'.-"-T:t..� _ _ _ s�F-`k :+r�:ei=r sc; �.z-"`�;-��:.. ��-`�. Check#: Date: Description: Check#: Date: Description: Check#: Date: Description: 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 fLi AMOUNT . CM .8660.2.500.200 34296 2021099 APRSL—KOEHLER PROPERTY 1,500.00 'jt TOTAL 1,500.00 co :5 bvb co X� p 45 - -- ------ ----- - ---- ----- - A z--------- -I­ In �R, # P-1 ,fy ---------- ------ --- - ---- ---- ---- ------- - ------ ib2f 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 MOUNT,' "."500 0 Q'..:.7 '10 50 -5,4 H'Q',U'S`A" o o 11,6 o .,. 61,, -,:ONE THOUSAND.FIVE' HUNDRED;AND, D DAY• ANDREW STYPE -REALTY, -INC. co It PO,'BOX 63 _R -j-ikTT­I'TUCK 14Y 'lij52 Zv OF A, I L,r3D 2711' 1:0 211,0 51,6til: 63 'DOODDL, 0 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. otNI , f TOWN OF SO UTH'OLD VENDOR 023670 KENNETH M WOYCHUK 03/01/2022 CHECK 148171 a 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- -zr u lip R . .................... fill A --- -4- c 4 ............... --------------------------- -------------------------------- - ------------- .............. PA, jh4 !�,.. ........ 4 ........... igx RINI, . .............. -------- al�ill.2i�--�--,�zwlt�l,%",)--M-1 : --TbiW:6F---s6u-YlY0L-D% -53096:MAI�):ROAD,-PbBOX:1.179.., 'SO THESUFFO KCD..NATIONA -TAM qUTG�pGqE;.�Y 11935- OUNT.,jjei. -.202.2- ? A - .,-KENNETHt.M'W• OYCHUK 4... Y-ING', s. 1-53 OF!' L48 1.7 11" +:0 2 1 L,0 5 L, 1: 63 00000", Dus A4CON Cashintes, P.C. ' ENGINEERING• RLANNI RUCTION MANAGEMENT a. 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 I TOWN OF SOUTHOLD I I VENDOR 016140 PECONIC LAND TRUST, INC. 05/24/2022 CHECK 148845 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT ' I i CM .8660.2.600.100 21-920 821036 PHASE 1 ESA-KOEHLER 700.00 I TOTAL 700.00 ' ' i R ,a M r"t t' •fk... �"h�,��;•'' _a J�1.b ?f"'Yq ° S.`. I 9.J 3:z �'•:r'.%�Ajr a'.::Fj:r:...-:.i� i:;t,¢`,:.: 1 ---'---- -- --------------------------- . w I w� .r;..,r i"'r�"`t y::;"�'5;.-a't `.••1c''� r:1• __•� I .j. �;.� ,t�'':L`,"„?':x'`!,;,i?;�y' •'„�".:'xjl•;'rTTk"':::'{'�, tLl.:i: =#;-t l.'+:m'' :'k:'C�: �y ;°}^"i ,:"_rya;'#i�.;:ia-�;•!r, .:zcH`:F,r<'T^ �y:. v•: t:�',,rtt~::f'k}r�,,��.s+,,:�';a '3?3;.. d...t�`.•'..':' =1i-.',`_ {� {'. I. 'Y'E'T'. an i-r='- fit.:•:'' '' �, pa'.."3;� 2 Y�1:s�•'',`• i:ta3 �Tc`r:�.:.,:.�:!1;at�' :: ,:' )1 �-ry-.. {.G J �'^a L'�' • t.�Y ,i? 4:ht-.:.x:{ :':° _*,!':r'{'y".tt''."•.j�•at''"" "P"'y''.t::i<.. �C� N. I. e I ' l ! I I i tl I -yea_._-_•___.. ._... .. 1 I' - i i i, ._•aotBST_ -. I e ... ,,11 .^� p ^;�� 9 ® {9 n � 9 6 dti @ 6< d - .;:�• 7'; fY i':�,''. 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 - .': ' . SEVEN..HUNDR'ED AND 00/100 'DOLLARS `• I AY. .-PECON.IC LAND TRUST, INC.. a. • '• ' i TO THE 296:.HAMPTON ROAD w ORDER PO BOX '17 7 6 p' OF SOUTHAMPTON. NY 11969 . ii' L4884 Slim 1:0 2 L40 54641: 6 3 000004 Oil' 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 I TOWN OF SOUTHOLD I ' I I VENDOR 002635 BRIDGE ABSTRACT LLC 05/24/2022 CHECK 148784 i FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT I 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 m I ,i•'`� :>; �Sa}y;ice Yt C'f Sri=_ ���f :Y --A-'x� I �... �..• ,rr...,�...�" . .yin r.:':• � �✓ ,Qy�,,, +.dn' r..f'S�. �.Y �ro� ,j 's'k:�/.Ir•'+n 2;t :. :r:,. ;'��• .7?.. yw-y,.::5<,ly�{:;y .:;:(A, y'ja"• •.p+7.,'.s.�T.;, r ��-tft; �.�iµr'�qtr:• �+:�..''s `..� i TP : I , •y_:i�'v�i:� ;y 1s� ':�;�� +"'�`Y�":i� rr a r, g_•.i 4"`,14"'= 'ai jj �'�.� s�r1'j}��' ��l' ' ; 1 ior.:�. .��,;:•,'tC's';r3.;.ti,_rZ e,::a:�i.r,• .L_�ei{:;r':,};,� :i:Kr=.;,- Y i � '�,,.�a: •i'.'..:i`:y+:i,;'-� +4:-�'�'.3u•-.'ECr,.3.'i�?;};u.e.�'�? ��+s;:�.?_. I .• ''�:`{?:?;;air�.'��:i7s.;.•' +:;�;�i� :•i•r' I i. R-" �• I 1 • I i � i • • I . , ' I , d'' I Iir I -- -_ _---.---_--_--____._--_. --------------- ______________ ______________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 . f C FOUR-THOUSAND FIVE HUNDRED..THIRTY,ONE::AND.:-0,0'/.100 'DOLLARS _. i, PAY. , BRIDGE ABSTRACT,.LLC . -, TO THE.,' PO BOX 3031 ORDER: • OF .2 2 0 0`.MONTAUK.HIGHWAY BRIDGETHAMPTON NY 11932 _ � i pis 148784is j:0 2 14054G41: 63 000004 Oil' R E C O R D E D E A S E M E N T 11111111 IIII IIIII IIIII IIII!11111 IIIII IIIII IIIII Ilii IIII 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. over ,i +r. i i tr 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 .0 M.WOW �t �7 f °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 Z f° f' Sr r'YJ F 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 2 f: ;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 J 3 :t- a P! the present condition of the Property's agricultural and other resources and to otherwise aid in identifying and documenting such values as of the date 4I' 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 4 r. ;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 l i 5 x l-" ry� j fes. 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. 6 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 t 7 4, fff. 43 r ,P is y�. 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. i. 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. 8 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 i Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more Particularly described in this ARTICLE FOUR. i� 9 (, Ir i �f 7' f` 4.02 Possession 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. i` 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 ]0 i ' 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; 11 r 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 12 f" 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 - __ 13 x /// 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, 14 r 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. --- i i 15 - � r 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 16 i 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. 17 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 i; 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 18 J _ _l 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. 19 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; i 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; i 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; f 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 . j i r f r 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 - �ti Itse ��-� 1 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 21 r C O V E �N A N T S R E S T R I C T I O N S s i illllll 1111 11111 11111 11111 11111 11[11 VIII VIII Ilfl lllr Ill�lllilllllllllllllllll • 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 $275 .00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County r s F:-:CnRDED 7p ,J 2022 Jul 20 03;:�:Ol F19 _ f JUDITH A. P115CALE CLERK OF f Number of pages SUFFOLK COUNTY L D00013165' P 58.3 _ This document will be public record. Please remove all Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps i f 3 FEES Mortgage Amt. { Page/Filing Fee 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 SubTotal 4 Notation Spec./Assit. or EA-52 17(County) Sub Total Spec./Add. li EA-52I7(State) TOT.MTG.TAX I Dual Town Dual County R.P.T.S.A. i Held forAppointment Comm.of Ed. S. 00 Transfer Tax Affidavit Mansion Tax � � The property covered by this mortgage is CertifredCopy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES orNO Other Grand Total � !/ � ) If NO, see appropriate tax clause on page# of this instrument. 4 Dist. 000 5 Community Preservation Fund 4927230 1000 11500 1000 0I0@1000 ReaTaxlPrope Servy RPS A IWI� CPF Consideration ax Due Amount$ 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 r' - f '�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. �j 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 dw 2/99 i 1 i i i 1 11 aIU.W/D6kd ( i t f r � •- fj 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 • w 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. r .•r -ft 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; i 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 i 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; i 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 i 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. ; j� r I � 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. k pal f f 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— T I T L E P O L I C Y 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 ALTA Owner's Policy 06-17-2006 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. ALTA Owner's Policy 06-17-2006 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, ALTA Owner's Policy 06-17-2006 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 ALTA Owner's Policy 06-17-2006 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 Y S A G M K T S W A I V E R 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 enc. N Y S D E C R E G I S T R Y 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 R O P E R T Y R E C O R D S 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. -2- Aw AVEt71fE vee 12% ,.+• f e `l,� KEY MAP gsmlc/¢w.a1Yw1 ( 1:;!!•: Al SCALE 1'=600' 1 � 4G�kI\`\ ¢� _� SURVEY OF PROPERTY Ip0 \ I °" A '% SITUATE MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-115-10-01 d '\ •I L z ,� O SCALE 1'=50' 1� �MS S a 'tro K IrE)•aw.aoe w.a.w 11.1 hom 1' ML1 I2 SSLM2 ss.>122 Avo NM 1 4\ i • SITE DATA \ j "" eNRt EmTK 10'Y0[10,C 1fKQI SS 5119 Sf.IOVI I16A \ i0wl 01 mU0101➢ I "i 0.1IIOi1FM . GIDOit MSA y.� '\ Mm.V. j v � :1:iSii MCA RMI=S! y1 .TOOL MCA • _• ..... �� MI¢x NIC V SOUOIOID OEAONm6�i115 MCA Sllro SI. WIULT:tU U. V> \ I e rw+l'v I�OaID OL14w1oR MaA 11@]0.M Ss.NUL MdA �vTT�lr •.. •n A e 1QIpL{35'e0E IOflSS ItOaO(Y011t000-IIS-IYiY xZ31.V. S 1 me eKl 0E5 N0UY•OOEMYL4 NAC PM III S!' \ 1 1 / yI \ •1 ` lk ,\ I \ I I \� 1 \ IIINI u 01-25-22 \ ^-.� '!�a, gvMl4wanOrt uRn ne �Mi4tamMW n. *��' PEN4D� Ot-1z-s-2x\ -""my=`�. •a'v� `_ ar.ac rem a "'P;� ��l laxsn of-Iu 21 11-27 Fav x w s "•' ��. �pN1�•me 2],1 L. v � �mnae ra•,•suv >I.•T OESOaBFD PROPOttt Iem TaVECOYG IAMD TTRT�• TOn1OPDi SoLI.—; en.t YATIINQI Bt E AU—T LLQ mSNMCID y_�����p yam, �M NL q�pr�s..T•t Ita1 �ax erw t'�50'uwxE X.x011 N E W S A R T I C L E S 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 E C O N I C L A N D T R U S T 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 .5 Yw ASSISTANT TOWN ATTORNEYgK ;> %rte'="''; Southold,New York 11971-0959 ;.' ..; 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 S U R V E Y A E R I A L M A P (SPV��WA'�ER) ES VVE�t"'A TER) ( pusuc WA �. �• �� USES !^" ' Fol 997.2' 45 3g* N $ o $ Z l) N,ata ENNOUSES Groh `►� X10 e I \\ 01 GRE 8� 1RRE ♦♦ A,, MARLAKE p GR1 WATER `. TOOKA m� \ p LAKE c (USES _..�' ' ,dol \♦ pVEN ' OF v VIE \ -0,t, x� `,3 I�rac c ,� ' pWEI� WATER) \ F- o :;;: ;.... ... ..... . .. .. . '`� \ � a+� Z ••SUBJECT••• • • •• • • • DEEP HOLE usEs *v / �" _ _ * a :PREMISES':: CREEK °' 2 A rn — •QQ / v $ A ti/ m N vuI WATER) —• . ... ... .... . . .. �+f�0�/ I o r>s RonD _ . � • u \ Yl AVENUE pL ` 22 57RATe�E Sv .13R tNE�) e - SE (pimr,� 40'30 N7a 7�g4 50'gg00� �, ;. ..S.o 6.,9• 36SASPW T 43aQ 7.8' AggAREA #Z ZI f r a� KEY MAP Rom�AT\-y...._ I �� ,�` ::.;�y� // // ��,%� 22,57 \'A 4.33830, I •'•..•'•'•''• o, RESERVE/DEVELOPMENT // // o, SCALE 1 —600 IA...... \� I AREA #1A ` 89,281 Sq. Feet \♦ .. .�` //// +l NON–DISTURBUFF ANCE BER >. .. .; .. �. \oa I 2.05 Acres .. . �x�' SURVEY OF PROPERTY �`\ �7 /. // H FOR DOCK ACCESS. /` M EASEMENT AREA 0 I 00 0 .. �' .;.;:;:;:;;:;:;�• : : : / � `' SITUATE . 'LLQ;;; ; � � MATTITUCK S13' YR^ TOWN O F SOUTHOLD �0 o .. 'I' .:.'. . SUFFOLK COUNT N Y, NEW YORK 0,0 0bm C S.C. TAX No. 1000- 115- 10-01 r I \ 'SIVt ss &14f! C� mI r = � '� SCALE 1 =50f I O 1'• �� y '.':' / / / M ,� TOTAL LOT AREA = 650,906 sq. ft. or 14.94 ACRES (TO TIE LINE) \ II CaSTM HOUSE \\ AREA #2 TO REAWN I to W I // w • 531,262 S.F. or 12.2 Acres TOTAL s�` m stoR'r o.T' • �• � � \\ p10.6• 1 TNA �'. // // � I w,°.� � s�. / /// SITE DATA 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. U 3179 INCLUDES ROADWAY ASPHALT: 113 S.F. .... S 88'40'21 lf' (� o pzs i 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. 0.2 N a6 40 20 E INCLUDES 10' WIDE LUPTON POINT RD. ACCESS: 2,374 S.F. I 55.sa INCLUDES ADDITONAL 10' ACCESS ALONG LUPTON RD.: 2,022 S.F. RESERVE/DEVELOPMENT AREA #1B I PROPOSED 35' WDE ACCESS I \ 25,967 S.F. \NO, G LEACHING POOL SEPTICTANK I 1 1 pl 1 Z Z 400 p I '11 \as: a.o I p 0 DOUGH LCSZM HIRSCH \wo tnI N c DWELLING I 1 CA \•' SSD, I �': ?*X 0 AREA OF MOWED \ X142` & I GRASS \ y 24• :k --–'A Sk 11 1 100' W \ o \ g g-25•V37.g3, \ zoo — REVISED 01-25-22 \ >�, RESERVE/DEVELOPMENT AREA J18 0" R _ F '0�a+• '- a+' ..... "1 RESERVE/DEVELOPMENT AREA #1B S 78.47 07' _ C0�� REVISED 01-19-22 ..... ................... : ::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 \ S. .............; ... i' �W (USES Pugoc N 7'3g•?0� ::.: :•.. •:: -. GRASS — — -._ — — ' — „Ne UPDATE 10-12-21 .. ...............:.:.,,T OF MOWED ....... ...... ............ ....... ... .................. ....... ... .................... ............. ..... l \ CVpTO :•::.::•:::::;;::.;:. 'e3• _ — sv '.— °/P R D YIATE) REVISED 09-09-21 • . ,. .••• � — \•_••. —.' REVISED 09•-24 21 H p0/ ::.:;•.:::: ::.....^,. .r HLNRY y yOStLg (USES \ 7.4 N M G THE WATER SUPPLY. , RQ •' F LLIN wA ) WELL R L AND CESSPOOL '. �_ (USEW 77ONS SHOWN ARE FROM R7 LE D LOBSERVA77ONS0 o,p •• ,.. � ... 7�47.�0 �.. KA piFfT Y N q A 9 , "':•::•..::....'':.:�........ S �� GSRARDN L• DJFRT3 AND OR DATA OBTAINED FROM OTHERS ??3 1 « 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 ? . , .�• � Yom` w a ,r - . w . 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't� B e ,. ♦ e . r +. ,;r' »as ..+- - ,�. ,.'?w.hY k' ;t, `.:'►w=',.` rT.!' t _ Proposed PDR Area ^ u, r Zl Cf ,y r , 'r4 a _ ROW Area >. r,.:: a. �,.��a.§,p, ,.!� „}"' p r!� ,�,.... .r, as;:. y y.,*.,,,; m«s gaE. nv.�•_ '" %': °::,''Wd 'a".., :." ,s�,x., 4J.3$'" •c.y�ya ,k"- .(�. ," . ' X "_ *t'+r.,k W,...i "'.i+r ma.,: :.:a .. _. .,; ,i '; + ,-� �,., .. M•, ,' ; ,rw.,,ap.r� . � fri• R , �' Subject Parcel - z , , _ r �v-, �� :fit, <3�,,� �r � � :, '>r. .�r: .'e> " .�-, ,�;,p, » .�,,�# la"'^°' s;� �r �„� •!^� Private , � n r a Road ROW E . tent a y - . ry _ 200 100 US Feet -t 101 ' , r , •ti e r� x . � h I ..iE" IM. R;♦ �. r y r — ..•400- 0 ^•.. - i♦ - , S , � d s •y. ,r 1 1 - €. L . Peconic en ee 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