HomeMy WebLinkAboutPeconic Land Trust (Iserman) y . ��FFOL�`
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� � 1000-59.-8-2
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� '� �� Baseline Documentation
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Premises:
6480 Sound View Avenue �
Southold, New York
� 0.48 acre
� - Conservation Easement
PECONIC LAND TRUST,
INCORPORATED
to .
TOWN �F SOUTHOLD
Deed of Conservation Easement
dated December 16, 2022
Recorded February 2, 2023
, Suffolk County Clerk — Liber 13187 Page 395
� SCTM #: 1000-59.-8-2
Premises: 6480 Sound View
Avenue
Hamlet: Southold
Purchase Price: $ -0- (Gift)
Funding for Expenses: Land Preservation
Department Budget
Total Parcel Acreage: 0.48 acre �
. Development Rights: 0.48 easement acre
Zoned: R-g� (low density residential)
Existing Improvements: In December 2022 —
Vacant land
Miscellaneous: Peconic Land Trust,
Inc. has named the
property "Soundview
Avenue Preserve"
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FROM: Melissa Spiro, Land Preservation Coordinator •
RE: Gift of Easement—Peconic Land Trust
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(Property f/k/a Iserman Property)
SCTM# 1000 -59.-8-2
)
DATE: October 26, 2022
As part of the application submission, Peconic Land Trust presented a 2/28/2021Field
Inspection Check List prepared by Matt Swain. The Check List included descriptions of some
encroachments.
On October 26, 2022, I conducted a site visit with Holly Sanford (PLT Senior Project Manager), �
Leandra Bakker (PLT Project Assistant) and Brendan Minogue (PLT Stewardship Manager). We
verified that the encroachments noted in the report were resolved.
' Brendan noted that he conducted a site visit a week ago and did not observe any
environmental issues. On 10/26/22 we observed the property from the exterior boundaries
and did not observe any environmental issues. In my opinion, no further environmental review
of this property is necessary. In addition, PLT conducts yearly monitoring of all holdings.
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Field Ins�ection Check List
Property Name and Location: �serman
matt ti28�2o2,
Name of Staff Inspector(s): Date of Inspection:
I. General�ro�erty description: -
Wooded Lot, approximately 0.5 acres in size
II. Natural Areas: (please describe or note n/a if not applicable)
The property is woodland, with a small freshwater wetland area, prone to flooding.
Are there any high quality habitat areas,i.e. mature forests or wetlands?
The area is wetland and mature forest, good wildlife habitat.
If farmland, is it actively farmed?
No
Are there any special geophysical features such as glacial erratics, cliffs or kettle �
holes, or sensitive areas like wetlands, steep slopes, etc.?
Sensitive Wetland Areas are located on the property.
Were any threatened, endangered or rare species of vegetation, animals or birds
noted during this visit?
None noted, however, This location is in the vicinity of Animals Listed as Endangered
III. Current land uses:
Are there structures of any kind, including buildings, fences, old wells?
There is a driveway to the south, encroaching, and a fence and boat encroaching.
Does the properiy contain any signs of active public use such as trails, water
access, hunting and fishing areas, etc.?
None noted
Are there any existing or potential activities such as ATV use, dumping, or party
spots, etc?
- None noted
Are there any obvious boundary disputes, encroachments?
The boat and the driveway on the property appear obvious encroachments
Are there any man-made safety hazards/liability concerns?
There is a deep hole in the front of the property.
Did you observe anything that requires further investigation such as hazardous
dumping, stains, unusual odors?
None noted, the parcel has no signs of recent human impacts and looks env. sound.
Comments regarding this ins�ection and future mana�ement of the
ro er
Encroachments should be cleared up, environmentally the property looks fine.
FOR USE WHEN RECEIVING FEE TITLE TO PROPERTY:
IV. Physical Inspection of Surrounding Properties:
Please attach a map of surrounding properties inspected.
To be attached in baseline.
What are the land uses for contiguous or surrounding properties?
Residential and Peconic Dunes Camp.
Please note any potential conc�erns for surrounding properties such as safety
hazards, dumping,unusual orders, etc.
- Encroachments and possible landscape debris are common concerns.
V. Investi�ation into land use history of pro�erty and surrounding
pro�erties
Interview landowner about previous land use history of subject parcel and
surrounding area. Make reasonable inquiries into public records, including
online records kept by Town, County and State, include the DEC Environmental
Site Database (http://www.dec.nygov/chemical/8437.htm1) and DEC's Environmental
Resource Mapper (htt�://www.dec.ny.�ov/imsma�s/ERM/viewer.htm).
Vacant lot, in vicinity of threatened and endangered species.
VI. Document any findings by attaching reports to this form.
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.���"`�"� RESOLUTION 2022-807
��`°f��� ADOPTED DOC ID: 18453
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-807 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 4,2022:
RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) of the
Town Code,the Town Board of the Town of Southold hereby sets Tuesday, October 18, 2022, at
4:30 pm, Southold Town Hall, 53095 Main Road, Southold,New York as the time and place for
a public hearing for the acquisition by gift of a conservation easement on land totaling
approximately 0.48 acres from the Peconic Land Trust, Inc. (Property f/k/a Iserman Property
n/k/a Soundview Avenue Preserve). Said property is identified as SCTM#1000-59.-8-2. The
address of the property is 6480 Soundview Avenue, Southold. The property is located within the
Low-Density Residential R-80 Zoning District. The proposed conservation easement will
preserve, in perpetuity,the natural habitat and the open, undeveloped, and scenic condition of the
property. Any and all costs associated with the donation of this conservation easement to the
Town of Southold will be paid for using Land Preservation Department funding for recording
fees. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of
Southold, Section 117-7,the Land Preservation Coordinator and the Town Board have reviewed
the acquisition and have determined that sanitary flow credits will not be transferred from this
property.
FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned
parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375
Main Road (Route 25), Southold, New York, and may be examined by any interested person
during business hours.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Greg Doroski, Councilman
SECONDER:Brian O. Mealy, Councilman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
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aefa0242-b5b6-4af3-88cd-efc411021226 lynda.rudder@town.southold.ny.us �
AFFIDAVIT OF PUBLICATION j
, The Suffolk Times i
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State of New York, ;
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County of,Suffolk, i
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The undersigned is the authorized designee of The Suffolk Times,a Weelcly Newspaper published in '
Suffolk County,New York. I certify that the public notice,a printed copy of which is attached hereto,
was printed and published in this newspaper on the following dates: ;
f
October 13,2022 �
This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in �
this counry,and as such,is eligible to publish such notices.
A G% �`f� '
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Signature
Eliot T. Putnam ;
Printed Name � '
Subscribed and sworn to before me,
This 19 day of October 2022
;
Notary Sig ture �
MARY E3ETH ALE5C10 WALLING
NOTARY f'UBLIC,STATE OF NEW YORK ,
� f�egistration No.01AL5056219
Qualified in Saratoga Counfy
My Commission �:x�ires March 04,2026 ;
Notary Public Stamp � °
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SOUTHOLD TOWN CLERK 1
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aefa0242-b5b6-4af3-SScd-efc411021226 tynda.rudder@town.southold.ny.us i
AFFIDAVIT OF PUBLICATION j
The Suffolk Times ;
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LEGAL NOTICE '
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NOTICE OF PUBLIC HEARING
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NOTICE IS HEREBY GIVEN that �
pursuant to the provisions of ,
Chapter 185(Open Space
Preservation)of the Town Code,the
Town Board of the Town of
Southold hereby sets Tuesday,
October 18,2022, at 4:30 pm, �
Southold Town Hall,53095 Main �
Road,Southold, New York as the `
time and place for a public hearing
for the acquisition by gift of a
conservation easement on land
totaling approximately 0.48 acres .
from the Peconic Land Trust, Inc.
{Property f/k/a Iserman Property ;
n/k/a Soundview Avenue Preserve).
Said property is identified as SCTM �
#1000-59.-8-2.The address of the ;
� property is 6480 Soundview �
Avenue,Southold.The property is �
located within the Low-Density
Residential R-80 Zoning District.
The proposed conservation '
easement will preserve, in
perpetuity,the natural habitat and
the open, undeveloped,and scenic
condition of the property.Any and
all costs associated with the
donation of this conservation
easement to the Town of Southold -
will be paid for using Land
Preservation Department funding
for recording fees.As per Chapter
117(Transfer of Development
Rights) of the Code of the Town of
Southold,Section 117-7,the Land ,
Preservation Coordinator and the -
Town Board have reviewed the
acquisition and have determined
that sanitary flow credits will not be
transferred from this property, i
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NOTICE IS HEREBY FURTHER �
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SOUTHOLD TOWN CLERK 2 I
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aefa0242-b5b6-4af3-88cd-efc411021226 lynda.rudder@town.southold.ny.us ''
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- AFFIDAVIT OF PUBLICATION� I
The Suffolk Times �
GIVEN that a more detailed
description of the above-mentioned
parcel of land is on file in the Land
Preservation Department,Southold
Town Hall Annex,54375 Main Road
(Route 25),Southold, New York, �
and may be examined by any
interested person during business
hours. �
BY NOTICE OF 7HE TOWN BOARD
Dated:Oct 4, 2022
DENIS NONCARROW �
SOUTHOLD TOWN CLERK
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SOUTHOLD TOWN CLERK 3 i
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COUNTY OF SUFFOLK: STATE OF NEW YORK
TOWN OF SOUTHOLD
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TOWN OF SOUTHOLD
TOWN BOARD REGULAR MEETING
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Southold, New York
October 18 , 2022
4 : 30 P . M.
B E F 0 R E :
SCOTT A. RUSSELL, SUPERVISOR
LOUISA P . EVANS , JUSTICE
JILL DOHERTY, COUNCILWOMAN
BRIAN O . MEALY, COUNCILMAN
GREG DOROSKI , COUNCILMAN
SARAH E . NAPPA, COUNCILWOMAN
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October 18, 2022 Regular Meeting 2
ISERMAN PROPERTY CONSERVATION EASEMENT
NOTICE
RESOLVED that pursuant to the
provisions of Chapter 185 (Open Space
Preservation) of the Town Code, the Town
Board of the Town of Southold hereby sets
Tuesday, October 18 , 2022 , at 4 : 30 P .M. ,
Southold Town Hall , 53095 Main Road,
Southold, New York as the time and place for
a public hearing for the acquisition by gift
of a conservation easement on land totaling
,
approximately 0 . 48 acres from the Peconic
Land Trust, Inc . ( Property f/k/a Iserman
Property n/k/a Soundview Avenue Preserve ) .
Said property is identified as SCTM
#1000-59 . -8-2 . The address of the property
is 6480 Soundview Avenue, Southold . The
property is located within the Low-Density
Residential R-80 Zoning District . The
proposed conservation easement will
preserve, in perpetuity, the natural habitat
and the open, undeveloped, and scenic
condition of the property . Any and all costs
associated with the donation of this
conservation easement to the Town of
October 18, 2022 Regular Meeting 3
Southold will be paid for using Land
Preservation Department funding for
recording fees . As per Chapter 117
(Transfer of Development Rights ) of the
Code of the Town of Southold, Section 117-7 ,
the Land Preservation Coordinator and the
Town Board have reviewed the acquisition and
have determined that sanitary flow credits
will not be transferred from this
property .
FURTHER NOTICE is hereby given that a
more detailed description of the
above-mentioned parcel of land is on file in
the Land Preservation Department, Southold
Town Hall Annex, 54375 Main Road (Route 25 ) ,
Southold, New York, and may be examined by
any interested person during business
hours .
SUPERVISOR SCOTT RUSSELL : I am going
to invite anybody that would like to address
the Town Board?
MS . MELISSA SPIRO : Hi . Good
afternoon . My name is Melissa Spiro, the
Southold Land Preservation Coordinator . As
� ` described in the public notice, this is a
October 18, 2022 Regular Meeting 4
small yet important property�. It ' s just
under half an acre . It ' s located in close
proximity to the Town and County Open Space
Soundview Dunes Park and Peconic Dunes
County Park . There is some maps up front
and I think she is putting them there .
Within the vicinity and the geographical
area of west of Gold Smith Inlet to the west
to the Great Pond to the east . And it ' s
connected by vegetation and maritime
freshwater swales and areas of significant
natural habitant . Holly Sanford from the
Peconic Land Trust will explain in a couple
of minutes , the trust work with neighboring
land owners and contributed funds to the
trust , So that the trust could acquire the
property. The Town has a small lot policy,
which supports presentation of some small
parcels as this matter . The trust is now
offering to donate a conservation easement
on the property and protected in its natural
state and perpetuity. And we ' re donating
that to the Town at no cost . Land
Preservation Committee has reviewed this
project and supports the Town Board ' s
October 18, 2022 Regular Meeting 5
� accepting the easement donation by the
� Peconic Land Trust . In addition to thanking
the Peconic Land Trust, I would like to
thank Holly Sanford for all the work she did
to make this project happen . And now I will
turn it over to Holly . Thank you .
MS . HOLLY SANFORD : Thank you,
Melissa . Holly Sanford, Peconic Land Trust,
Senior Project Manager . As Melissa
mentioned, this is a parcel located in a
environmentally sensitive area . It was
first brought to the Trust ' s attention by
� neighboring resident Lizzy Hands . She along
with other residents wanted to protect this
� parcel so that it could contribute not only
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to the scenic vista along Soundview Avenue,
but also remain as a natural habitat for
flower and fauna . Part of this land ' s
� viability is due to it being connected to an
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internal freshwater swales . Conservation
Biologist Louise Harrison, submitted a
letter to the Southold Town Trustees dated
October 10 , 2020 enumerating the abundant
wetlands and uplands vegetative species .
_ Noting for a small parcel, this lot contains
October 18, 2022 Regular Meeting 6
a rich diversity if plaid species . The high
diversity is unusual in a time when our
North Fork native vegetation is threatened
by high levels of deer house . The location
of this parcel is significant . It is part
of the native forest corridor and ancient
communal lands supporting freshwater
wetlands . The Trustee letter also states
that the corridor connects three county
parks , Gold Smith Inlet County Park,
Soundview Dunes County Park and Peconic
Dunes County Park . Along the corridor spans
east from Elle Lane in Peconic towards the
eastern end of Soundview Avenue .
Fortunately, due to the communities -
enthusiasm and financial support, the Trust
was given to purchase this undisturbed
property on February 12 , 2021 , which was on
the market as a residential parcel with
development potential . We know respectfully
respect that 'the Town accept our easement
donation so the la�d may be ensured -
protection in perpetuity . We would also
like to thank the Land Preservation
' � Committee for supporting our request and
October 18, 2022 Regular Meeting �
^ Melissa Spiro for guiding the project for
your consideration . It is important to note
that the Civic Initiative predated the
Kohler project, which you all participated
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in and we greatly appreciate . This little
project inspired residents and acted as a
model for the community driven conservation .
With'in the Trust, this project is referred
to as the "Little Engine That Could. " It is
a small lot that has had big impact on
moving conservative initiatives forward. So
we thank you very much and request that you
accept our donation today. Thank you .
SUPERVISOR SCOTT RUSSELL : Would
anybody like to address the Town Board on
this particular ,Public Hearing?
MS . PATRICIA MOORE : Patricia Moore ,
on behalf of myself . I commend the Peconic
Land Trust, Melissa and the Board for
entertaining this donation . This is a
wonderful private initiative, but I always
welcome the support because it ' s private
individuals in the Land Trust that
voluntarily sterilizing the property. What
I did hear in the description was that there
October 18, 2022 Regular Meeting 8
was no going to be no sanitary credits for
this lot if I understood correctly . I think
that is something that is a shame that we ' re
not preserving the sanitary credits . Any
chance that we get to create a -- a transfer
or land bank for sanitary credits is part of
our pool of sanitary credits for supportive
Affordable Housing . If the legislation gets
adopted and there is the extra half of
percent for Affordable, our limitation on
providing Affordable has always been based
on sanitary . So the preservation of
sanitary credits is going to be crucial .
And it ' s a win-win here . It ' s moving
potential sanitary from what has been
described as a sensitive area . But it will
be then used consistent with the Board ' s
policies and Affordable Housing initiatives .
So that would be my only comment as far as
considering preserving the sanitary credit,
but otherwise, it ' s a wonderful program.
And I know I have clients that have done
wills and estate planning and I have
provided for donations to Peconic Land Trust
and the potential donation of lands for
October 18, 2022 Regular Meeting 9
, preservation . So again, a homeowner or
private property owner wants to do that, we
should encourage it . Thank you .
SUPERVISOR SCOTT RUSSELL : Thank you .
MS . MELISSA SPIRO : Hi . I would just
like to address the sanitary flow credit :
The Town Board did wish to transfer the
sanitary flow credit ; however; this parcel
has wetlands on it . And when calculated the
buildable land it was less than 20 , 000
square feet . And the sanitary flow credit
legislation, wouldn ' t allow for credits less
than 20, 000 square feet . The way that is
worded .
SUPERVISOR SCOTT RUSSELL : Thank you .
Who else would like to address the Town
Board on this particular Public Hearing?
(No Response) .
JUSTICE LOUISA EVANS : I make a
motion to close the Public Hearing .
COUNCILMAN GREG DOROSKI : Second .
SUPERVISOR SCOTT RUSSELL : All in
favor?
COUNCILWOMAN JILL DOHERTY : Aye .
COUNCILMAN BRIAN MEALY : Aye .
October 18, 2022 Regular Meeting 10
COUNCILWOMAN SARAH NAPPA: Aye .
COUNCILMAN GREG DOROSKI : Aye .
JUSTICE LOUISA EVANS : Aye .
SUPERVISOR SCOTT RUSSELL : Aye .
(Whereupon, this Iserman Property
Conservation Easement Public Hearing
concluded at this time . )
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CHAPTER 280 - MAXIMUM HOUSE SIZE
WHEREAS , under Resolution Number
2022-719 there was presented to the Town
Board of the Town of Southold, Suffolk
County, New York, on the 23rd day of August,
2022 , a Local Law entitled "A Local Law in
relation to Amendments to Chapters 280 " and.
wHEREAS , under Resolution Number -
2022-719 there was presented to the Town
Board of the Town of Southold, Suffolk
County, New York, on the 23rd day of August,
2022 , a Local Law entitled "A Local Law in
relation to Amendments to Chapters 280" and
WHEREAS , The Town Board of the Town
of Southold has determined that it is
, necessary to amend the proposed Local Law
` entitled, "A Local Law in relation to
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��"`�"� RESOLUTION 2022-865
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�w*7aa ADOPTED DOC ID: 18481
T�IIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-865 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 18,2022:
WHEREAS, the Town Board of the Town of Southold held a public hearing on the 18th day of
October, 2022, on the acquisition by gift of a conservation easement on land totaling
approximately 0.48 from the Peconic Land Trust, Inc., property f/k/a Iserman Property n/k/a
Soundview Avenue Preserve, for open space preservation pursuant to the provisions of Chapter
185 (Open Space Preservation) of the Town Code of the Town of Southold, at which time all
interested parties were given the opportunity to be heard; and
WHEREAS, the address of the property is 6480 Soundview Avenue, Southold, and said property
is identified as SCTM#1000-59.-8-2. The property is located within the Low-Density Residential
R-80 Zoning District; and
WHEREAS, the acquisition is a gift of a conservation easement and all costs associated with the
donation of this conservation easement to the Town of Southold will be paid for using Land
Preservation Department funding; and
WHEREAS, the property is connected by vegetation to maritime freshwater inter-dunal swales,
possesses significant relatively natural habitat and freshwater wetlands values, and resides
along a forest corridor connecting three County and/or Town public waterfront natural parks,
and the proposed conservation easement will preserve, in perpetuity, the natural habitat and the
open, undeveloped, and scenic condition of the property; and
WHEREAS, the acceptance of this gift is in conformance with the provisions of Chapter 185
(Open Space Preservation) of the Town Code of the Town of Southold; and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront
Consistency Review) of the Town Code and the Local Waterfront Revitalization Program
(LWRP) and the LWRP Coordinator has determined that this action is consistent with the
LWRP; and
WHEREAS, the Land Preservation Coordinator and the Town Board have reviewed the
' acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the
Town of Southold, and have determined that sanitary flow credits are not eligible from this .
acquisition and will not be transferred from this property; and
WHEREAS, the Land Preservation Committee has reviewed the acquisition and recommends
that the Town Board accept the gift of a conservation easement; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
accept the gift of a conservation easement for the purposes of preserving, in perpetuity, the
Resolution 2022-865 Board Meeting of October 18, 2022
natural habitat and the open, undeveloped, and scenic condition of the property; and
� WHEREAS, the Town Board of the Town of Southold classifies th_is action as an Unlisted
Action nursuant to the SEQRA Rules and Re�ulations, 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; 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 accepts the acquisition by gift
of a conservatiori easement on land totaling approximately 0.48 from the Peconic Land Trust,
Inc., property f/k/a Iserman Property, 6480 Soundview Avenue, Southold, identified as
SCTM#1000-59.-8-2, for open space preservation pursuant to the provisions of Chapter 185
(Open Space Preservation) of the Town Code of the Town of Southold. The acquisition is a gift
of a conservation easement and all costs associated with the donation will be paid for using Land
Preservation Department funding. The proposed action has been reviewed pursuant to Chapter
268 (Waterfront Consistency Review) of the Town Code and the LWRP Coordinator and the
Town Board have determined that this action is consistent with the LWRP. The Land ,
Preservation Coordinator and T'own Board and have determined that sanitary flow credits are not
eligible from this acquisition and will not be transferred from this property.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:Brian O. Mealy, Councilman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
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Updated: 10/18/2022 3:12 PM by Lynda Rudder Page 2
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex 0� 50��, P.O. Box 1179
54375 State Route 25 ��� ��� Southold,NY 11971
- (cor. Main Rd. &Youngs Ave.) ^` O
Southold, NY �g � Telephone: 631 765-1938
www.s outh ol dt ownny.gov
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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Scott Russell, Supervisor
Members of the Southold Town Board
From: Mark Terry, AICP
Assistant Town Planning Director
LWRP Coordinator
Date: October 18, 2022
Re: Gift of Conservation Easement to Town: Peconic Land Trust, Property f/k/a Iserman
SCTM#1000-59.-8-2 `
Gift of Conservation Easement for open space purposes.
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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.Sc(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
paYkland, or dedication of land for parkland that was previously acquired, or acquisition
of a conservation easement;"
Please contact me with any questions.
Cc: John Burke, Assistant Town Attorney
Melissa Spiro, Land Preservation Coordinator
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�'� � Short Environmental Assessment Fo�m
' Part 1 -Project Information
�:,
f Instructions for Completin� ' �
Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses beCome part of the
application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on
information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as
thoroughly as possible based on current information.
Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the
lead agency;attach additional pages as necessary to supplement any item.
Part 1—Project and Sponsor Information
Name of Action or Project:
Gift of Conservation Easement to Town:Peconic Land Trust,Property f/Wa Iserman
Project Location(describe,and attach a location map):
6480 Soundview Ave.,Southold SCTM#1000-59.-8-2
Brief Description of Proposed Action:
Gift of conservation easement to the Town for open space purposes.
Name of Applicant or Sponsor:
Telephone: (631)765-5711
Southold Town Board
E-Mai2: melissa.spiro@town.southold.ny.us
Address: �
\'�Southold Town Hall,53095 Main Road
City/PO: State: Zip Code:
Southold NY 11971
1. Does the proposed action only involve the legislative adoprion of a plan,local law,ordinance, NO YES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that � ❑
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2. Does the proposed action require a pemut,approval or funding from any other government Agency? NO YES
If Yes,list agency(s)name and permit or approval: ❑ ❑
3. a.Total acreage of the site of the proposed action? 0.48 acres
b.Total acreage to be physically disturbed? 0 acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? �•48 acres
4. Check all land uses that occur on,are adjoining or near the proposed action:
❑Urban �✓ Rural(non-agriculture) ❑ Indush-ial ❑ Commercial 0✓ Residential(suburban)
❑✓ Forest ❑ Agriculture � Aquatic ❑ Other(Specify):
- 0✓ Parkland e
Page 1 of 3 SEAF 2019
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_ 5. Is the proposed action, NO YES N/A �,
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- a. A permitted use under the zoning regulations? � � � 11
� ❑ ❑ ❑ `�'
b. Consistent with the adopted comprehensive plan. �/
NO YES �.,
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
❑ � ,�`,
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes,identify: ' _ - __ _ _ � �
NO YES
8. a. Will the proposed action result in a substantial increase in traffic above present levels? � ❑
b. Are public transportation services available at or near the site of the proposed action? � ❑
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed � �
action?
9. Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies:
� ❑
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water: ❑ ❑
11. Will the proposed action connect to eacisting wastewater utilities? . NO YES
If No,describe method for providing wastewater treatment:
� ❑
12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES
which is listed on the National or State Register of Historic Places,or that has been determined by the � ❑
Commissioner of the NYS O�ce of Parks,Recreation and Historic Preservation to be eligible for listing on the
State Register of Historic Places?
b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for � �
archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory?
13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal,state or local agency?. ❑ �
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? � ❑
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
Page 2 of 3
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' 14. Identify the typical habitat types that occur on,or are likely to be found on the project site.Check all that apply:
❑Shoreline ❑✓ Forest ❑AgriculturaUgrasslands � Early mid-successional
, �✓ Wetland ❑ Urban ❑ Suburban
I5. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO YES
Federal government as threatened or endangered?
❑� ❑
16. Is the project site located in the 100-year flood plan? NO YES
❑� ❑
17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes, � �
a. Will storm water discharges flow to adjacent properties? � �
b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? � �
If Yes,briefly describe:
18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES
or other liquids(e.g.,retention pond,waste lagoon,dam)?
If Yes,explain the purpose and size of the impoundment: ❑ ❑
�-9. Has the site of the proposed action or an adjoining property been the locarion of an active or closed solid waste NO YES
management facility?
If Yes,describe:
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20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES
completed) for hazardous waste?
If Yes,describe:
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I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Applicandsponsor/name: Southold Town Board Date:�0/5/2022
Signature: Melissa Spiro Title:Southold Town Land Preservation Coordinator
,
PRINT FORM Pabe 3 of 3
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex P.O.Box 1179
54375 State Route 25 ���oF s0(��'��� Southold, NY 11971
- (cor. Main Rd. &Youngs Ave.) h O
Southold, NY � y� Telephone: 631 765-1938
www.southoldtownny.gov
� � ��
�°�COUNT`l,`��
, PLANNING BOAR,D OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Scott Russell, Supervisor
Members of the Southold Town Board
From: Mark Terry, AICP
Assistant Town Planning Director
LWRP Coordinator
Date: October 18, 2022
Re: Gift of Conservation Easement to Town: Peconic Land Trust, Property f/k/a Iserman
SCTM#1000-59.-8-2
Gift of Conservation Easement for open space purposes.
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: John Burke, Assistant Town Attorney
Melissa Spiro, Land Preservation Coordinator
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CLOSING STATEMENT
PECONIC LAND TRUST, INCORPORATED
(formerly owned by Iserman)
to
TOWN OF SOUTHOLD
Gift of Conservation Easement .
SCTM #1000-59.-8-2
Premises: 6480 Sound View Avenue, Southold
0.48 acre Conservation Easement
Executed document delivered to title closer for recording purposes on
December 16, 2022 — Southold Town Hall Annex
Purchase Price (Gift): $ -0-
Expenses of Closing:
Recordinq Fees
Suffolk County Clerk (recording easement) $ 390.00
(11/29/2022)
Suffolk County Clerk (certified copy of easement) $ 42.50
(1/3/2023)
Title Companv Closer Fee
Robert DeFrese $ 275.00
(1/3/2023)
Those present at deliverance of executed documents:
Scott A. Russell Southold Town Supervisor
Mary C. Wilson, Esq. Attorney for Town of Southold
Melissa Spiro Land Preservation Coordinator
Melanie Doroski Land Management Specialist II
Robert DeFrese Title Closer
Fidelity National Title
— Insurance Services LLC
;, , ■ 24 Commerce Drive
I n vo i ce Rnrerhead, NY 11901
(631)727-0600
Date 12/19/22 (631)727-0606
Town of Southold Courtesy - Easement
6480 Sound View Ave
Southold NY
Application Date Report Date
Invoice#
DESCRIPTtON TOTAL
.Cert copy of ease 42.50
PLEASE MAKE CHECK PAYABLE TO
SUFFOLK COUNTY CLERK �
T (S�t�4 0� � i � �M F,k�
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SUBTOTAL
TOTAL DUE 42.50
THANK YOU!
Rob DeFrese
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 02/02/2023
Number of Pages: 30 At: 11 :20 : 57 AM
Receipt Number : 23-0014227
TR�NSFER TAX NUN�ER: 22-16178 LIBER: D00013187
PAGE : 395
District: Section: Block: Lot:
1000 059 . 00 08 . 00 002 . 000
EXAMINED AND CHARGED AS FOLLOWS
' �eed Amount: $0 .00
Received the Following Fees For Above Instrument
Exempt ,.. Exempt
Page/Filing $150 .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 $37 .50 NO RPT $200 .00 �'�V� NO
Transfer tax $0 .00 NO Comm.Pres $0 . 00 NO
Fees Paid $432 .50
TRANS FER TAX NiJ1�ER: 2 2-1617 8
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Vincent Puleo
County Clerk, Suffolk County � ,• `�"��'
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This document will be public '- `",'''-''^=`'�
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Social Security Numbers
priorto recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
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SubTotal YES orNO
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Verification �
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6 Satisfadiorts/Discharges/Relea"ses List Property:Owrters Mailing Address • ���
RECORD&RETURN TO: �� acant Land.
Town of Southold � TD
Land•Preservation Dept. , j
53095 NYS Rt 25 • \l TD
P.O.Box 1179 � Tp
Southold,NY 11971
Mail to: 7 Title Company Information
" 1901 Co.Name
Title#
$ Su,..,.,. ..,,�.. .�, ...._...�..�g & Endorsement Page
This page forms part of the attached Deed of Conservation Easement made
by; (SPECIFYTYPE OF INSTRUMEN�
Parnnir.T.anrl Tn,kt,Is�,rnorated. The premises herein is situated in
SUFFOLK COUNTY,NEW YORK
TO In the TOWN of 4rnrthnld
'r'�•m nf Sp��thnld In the UILLAGE
or HAMLET of ���•*����+
BOXES 6 THRU S MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIORTO RECORDING OR FILING. �
aver
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' DEED OF CONSERVATION EASEMENT
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ry�� TI=IIS DEED OF CONSERVATION EASEMENT (hereinafter referred to as this
"Easement"or"Conser�ation Easement") is made the ���`day of ecem���22, at Southold,
New York,by PECONIC LAND TRUST,INCORPORATEI�, a not-for-profit New York
corporation,having a principal office at 296 Hampton Road,P.O. Box 1776, Southampton,
New York 11969 (herein called"Grantor"), and the T.OWN of SOUTHOLD, a municipal
corporation of New York,having a principal office at 53095 Route 25,P.O. Box 1179,
Southold,New York 11971-0959 (herein called"Grantee"). The date;upon which this
document is recorded in the office of the Clerk of the County of Suffolk, State of New York,
is the"Effective Date".
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RECITALS
WHEREAS, Grantor is the sole owner in fee sunple of certain real property located in the
� Town of Southold, Suffollc County,New York, identified as SCTM#1000-59-8-2 more fully
described in SCHEDULE A, attached hereto and incorporated herein by this reference
(hereinafter referred to as the "Property"); and
WHEREAS, the Property is 0.48 acres and is located in the R-80 Zoning District of the
Town of Southold; and
WHEREAS, the Property is currently vacant open space; and
WHEREAS, the Property is free of any mortgages or liens and Grantor possesses the
right to grant this Easement; and
WHEREAS, the Property in its present scenic and open condition has substantial and
significant value as an aesthetic and natural resource since it has not been subject to any
development; and
V1IHEREAS, the property is connected by vegetation to maritime freshwater inter-
dunal swales; as described and ranked by New York Natural Heritage Program.
WHEREAS, the Property possesses significant relatively natural habitat and freshwater
wetlands values (collectively, the Property's "Conservation Values") of great importance to
Grantor, Grantee, and the people of the Town of Southold, Suffollc County, and State of New
York; and
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_ WHEREAS, the property resides along a forest corridor connecting three Town and
' County public waterfront natural parks, Goldsmith's Inlet, Soundview Dunes Park and Peconic
Dunes Park; and
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WHEREAS, Grantor wishes to grant this Conservation Easeinent on the Property so that
the Property shall remain in its open,undeveloped, and scenic condition; and
- WHEREAS, the Conservation Values are protected by this Easement for the following
conservation purposes:
A. Protection of significant relatively natural habitat. The protection of the Property
through this Easement will preserve significant relatively natural habitat, and is _
therefore consistent with the requirements of New York State Law for the following
; reasons:
� (1) the Property is located within freshwater wetlands as defined under
! Southold Town law, 275-2, and possesses both wetlands and uplands species
as listed in a letter submitted by Conservation Biologist, Louise Harrison, on
October 9 2020, to Southold Town Building Department and Trustee, which
is attached hereto as Exhibit B and incorporated herein by this reference. This
Easement aids in the protection and maintenance of Southold's freshwater
species habitat by restricting the development of the Property; and
(2) The Property is in the ixrunediate vicinity of a significant water body known
. as Great Pond, and protection of the Property through this Easement will
, serve to preserve the ecological integrity of Great Pond;and
i B. Preservation of o�en s�ace for the scenic enjoyxnent of the general�ublic which
� vields significant�ublic benefit. Protection of the Property's open space through this
� Easement will be for the scenic enjoyment of the general public and will yield significant
� _ public benefit, and is therefore consistent with the requirements of New York State Law
for the following reasons:
(1) the Property has a total of 100+/-feet of frontage on the.publicly
passable/navigable Soundview Avenue,which offers the public scenic vistas
from a public highway; and .
(2) the Property contributes to the woodland area in its current scenic and open-
space condition and has substantial and significant value as an aesthetic resource
' because of the fact that it has not been subject to any development; and
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C. Preservation of o�en s�ace�ursuant to clearly delineated �ovemxnental
conservation�olic�,which�ields significant�ublic benefit. Protection of the Property
`� through this Easement will be for the preservation of open space pursuant to clearly
delineated governmental conservation policy, which yields significant public benefit,
and is therefore consistent with the requirements of New York State Law for the
following reasons:
Town Code:
(1) a portion of the Property contains freshwater wetlands that should be
protected and preserved pursuant to the policy of the Town of Southold, as
' articulated in the Town of Southold Code, Chapter 275 (Wetlands and Shoreline)
and Chapter 185 (Open Space Preservation); and
State Legislation:
(1) New York State has recognized the ixnportance of not-for-profit conservation
organizations' efforts to preserve land in a scenic,natural and open condition
through conservation easements by enactment of the Environmental
Conservation Law, Section 49-0301 et seq.; and
(2) Article.l4, Section 4 of the New York State Constitution states that"the policy
of this state shall be to conserve and protect its natural resources and scenic
beauty and encourage the development and improvement of its agricultural
lands for the production of food and other agricultural products"; and
(3) the Property contains freshwater wetlands that should be protected and
preserved pursuant to the�New York State Environmental Conservation Law,
Article 24, 6NYCRR Part 662; and
US EPA Long Island Sound Study:
(1) T'he Property is located within the Long Island Sound Coastal Boundary,the
nearshore watershed of Long Island Sound designated for purposes of
environmental management by the Long Island Sound Study (LISS), a federal
National Estuary Program. Led by the US EPA, in partnership with the states
of New York and Connecticut, the LISS is authorized to research,monitor,
and assess the health of Long Island Sound and prepare a Comprehensive
Conservation and Management Plan to restore its ecosystem; and
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�f �f WHEREAS, Grantor and Grantee recognize the value and special character of the
Property and the region in which the Property is located, and Grantor and Grantee have,in
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common, the purpose and objective of protecting and conserving the present state and i.nherent,
tangible, and iritangible Conservation Values of the Property as an aesthetic,natural, and scenic
resource; and-
�WHEREAS, Grantor has determined that the conveyance of this Easement will be
desirable and beneficial and has requested Grantee, for itself and its successors and assigns, to
accept this grant of a conservation easement in order to restrict.the development of the Property
while permitting uses compatible with the protection of the Property's Conservation Values, all
as further provided herein; and
WHEREAS, Grantee has determined it to be desirable and beneficial and has requested
Grantor, for itself and its successors and assigns,to grant the Easement to Grantee in order to
restrict the development of the Property while permitting compatible uses thereof.
AGREEMENT
NOW, THEREFORE,in consideration of the recited facts,mutual promises,
. undertakings, and forbearances contained in this Easement and other valuable consideration,
but as a donation nonetheless,Grantor hereby voluntarily conveys in perpetuity to Grantee,
and Grantee hereby accepts,this Conservation Easement over the Property pursuant to the New
York Environmental Conservation Law, Section 49-0301 et seq.,, the parties intending to be
bound by its terms:
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0.01 Pur�ose
The parties recognize the Conservation Values of the Property and have the common
purpose of preserving these Conservation Values in perpetuity. This Conservation Easement is
granted by Grantor to Grantee for the purpose of preserving the Conservation Values in �
perpetuity (the "Conservation Purpose")by preventing any use or development of the Property
for any purpose or in any manner that is contrary to the intent and provisions hereof,including
the Conservation Purpose.
0.02 Grantee's Warrantv
Grantee warrants and represents that it has a commitment to uphold the Conservation
Purpose of this Conservation Easement and the resources to enforce the restrictions contained
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, -- herein and that the Property satisfies the criteria adopted by Grantee relating to the quality and
-�Y characteristics of open land whose conservation values should be protected and maintained, as
,��
, determined by the Town Board at a duly constituted meeting of on October 18, 2022.
;..
0.03 Documentation
Grantee acknowledges by acceptance of this Development Rights Easement that present
uses of the Property are compatible with the purposes of this Easement. In order to aid in
identifying and documenting the present condition of the Property's resources and otherwise
aid in identitying and documenting such values as of the date hereof, to assist Grantor and
Grantee with monitoring the uses and activities on the Properiy and ensuing compliance with
the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the.
Property's relevant features and conditions (the "Baseline Documentation')_ This Baseline
Documentation included,but need not be limited to, a survey prepared by John Minto, Land
Surveyor last dated March 1,2021, and a wetlands map dated October 6, 2020,by W.P.
Bowman,PhD, Land Use Ecological Services, Inc, �ek�s-���ed�er�as-£�tibit�4 and
incorporated herein by this reference. This Baseline Documentation includes a Conservation
Easement Map, an aerial photograph,photographs of the Property, a topographical map, a
description and site plan of land uses, features, and structures, and an acknowledgment page
signed by Grantor and Grantee,which verifies that the Baseline Documentation accurately
represents the condition of the Property as of the Effective Date of this Easement. Copies of the
Saseline Documentation shall be retained safely by Grantor and Grantee. Grantor and Grantee
acknowledge and agree that in the event a controversy arises with respect to the nature and
extent of Grantor's uses of the Property or its physical condition as of the date hereof, the
parties shall not be precluded hom utilizing any other relevant or material document,survey,
report, pllotograph, or other evidence to assist in the resolution of the controversy.
ARTICLE ONE �
THE EASEMENT
1.01 T�e
, This instrument conveys a conservation easement in gross under the provisions of
Article 49,Title 3, of the Environmental Conservation Law of the State of New York and the
provisions of Chapter 185 of the Town Code of the Town of Southold. This Conservation
Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited herein.
Reference to this "Easement," "Conservation Easement" or its "provisions" shall include any
and all of those covenants, restrictions, rights, terms and conditions.
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_ 1.02 Duration
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This Easement shall be a burden upon and shall run with the Property in perpetuity.
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� 1.03 Effect
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j This Easement shall run with the Property as an incorporeal interest in the Property and
� shall extend to and be binding upon Grantor and Grantee.The terms "Grantor" and "Grantee"
i when used herein shall include, respectively, the above-named Grantor and its representatives,
� agents, licensees, successors and assigns, and the above-named Grantee and its successors and
i assigns. _
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i ARTICLE TWO
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PROHIBITED USES AND ACTIVITIES
� . Grantor's use and development of the Properiy shall be consistent with the
i Conservation Purpose and compatible with the preservation of the Property's Conservation
; Values in perpetuity, and any use that is inconsistent with the Conservation Purpose of this
' Easement or otherwise deleterious to the Conservation Values is prohibited.Without limiting
� the generality of the foregoing,the following uses and practices, though not an exhaustive
� recital of inconsistent uses and practices, are inconsistent with the Conservation Purposes of this
` Easement and,unless otherwise explicitly provided herein, are prohibited anywhere on the
� Property.
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; � 2.01 Buildings and Struciures
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; Except as otherwise expressly provided in Article Three of this Easement,the
i construction or placement of any residential, commercial,industrial or other building, structure,
i or improvement of any kind or nature (including,but not limited to, one or more mobile
homes), whether permanent or temporary, on, over, or under the Property is prohibited.
2.02 Excavation and Removal of Materials;Minin�
--�
Mineral exploitation, and extraction of any mineral(includ�ng but not limited to soil,
gravel, sand and hydrocarbons),by any method, including surface or subsurface, is prohibited.
Grantor shall not remove or fill topsoil, sand, or any other materials, nor shall the topography of
the Property be changed,except in connection with the construction and maintenance of any
structure or improvement expressly permitted to be placed or constructed on the Property
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_ under the terms of Article Three below. Grantor may remove topsoil, sand or other materials for
:�"�✓ purposes of erosion control and soil management only with the prior written approval of
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Grantee.
2.03 Subdivision
For purposes of this Conservation Easement, the Property is considered and shall
remain one (1) parcel in unified ownership. Grantor shall not subdivide, de facto subdivide,
partition or seek to partition, or otherwise divide the Property into separately conveyable
parcels.
2.04 Dumping
The dumping or accumulation of unsightly or offensive materials, including but not
limited to manure, trash,sawdust,landscape materials, ashes or chemical waste, on the
Property is prohibited.
2.05 Signs
The display of any sign,billboard, or advertisement is prohibited, except as expressly
permitted in Section 3.01 below.
2.06 Cutting of Timber/Landsca�ing
The cutting,harvesting,or removing of trees, shrubs, or other vegetation on the .
Property is prohibited, except as expressly permitted in Section 3.02 below.
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2.07 Soil and Water
,
Any use or activity that is not otherwise expressly or conditionally permitted under this
Easement, which causes or is likely to cause soil degradation or erosion or pollution of any
� surface or subsurface waters, is prohibited.
2.08 Wetlands and/or Stream Buffer
The draining, filling, dredging, or diking of any wetland ar•eas, including any
enlargements thereof,or the cultivation or other disturbance of the soil within 100 feet of any
wetlands is prohibited. �
2.09 Ponds and Watercourses
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;F` The alteration of any or watercourse located on the Property or the creation of any new
j"�
water impoundment or watercourse is prohibited without Grantee's prior written approval.
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; 2.10.Vegetation Management and Screenin� ,
The placement of any landscape screening,hedgerow, or any other type of screening
along or near Soundview Avenue or the scenic viewshed from Soundview Avenue is
prohibited.
2.11 Commercial and Industrial Uses
Any commercial or industrial use of the Property, including any commercial
recreational use, is prohibited. �
' 2.12 Utilities
The creation�or placement of overhead utility transmission lines, utility poles, wires,
pipes, wells or drainage and septic systems on the Property is prohibited, except as provided in
Section 3.03(A)(iv) below.Underground irrigation systems are prohibited.
2.13 Draina�e
The use of any portion of the Property for a Ieaching or sewage disposal field is prohibited,
except to service the structures and improvements expressly permitted by this Easement.The use
of the Property for a drainage basin or sump is prohibited, except to control flooding or soil
. erosion on the Property.
_2_.14 Develo�ment Rights
The use of this Properiy for the purpose of calculating lot yield or development density
on the Property or any other property, adjacent or otherwise, is prohibited. Grantor hereby
grants to Grantee all development rights existing on the Property as of the Effective Date of this
Easement (and any future development rights that may be created through a rezoning-of the
Property or otherwise) that have not been retained or reserved by Grantor under this Easement.
By Grantee's acceptance of this Easement,the parties agree that such excess development rights
granted by Grantor to Grantee are terminated and extinguished by Grantee and may not be
used by any person or entity, including Grantor or Grantee, or transferred to any other person,
entity, or parcel.
S
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ARTICLE THREE
'r.-.. -
PERMITTED USES AND ACTIVITIES
I�
i Grantor reserves the right to use the Property in any manner that is not inconsistent
with the Conservation Purpose and other terms and conditions of this Easement and in
?
accordance with applicable laws and restrictions. Without limiting the generality of the
{ foregoing,the following uses and practices, though not an exhaustive recital of consistent uses
,
and practices, are expressly permitted under this Easement if conducted pursuant to the terms
; hereof.
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{ 3.01 Signs
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' The display of any sign,billboard, or advertisement is prohibited, except for signs
- whose placement,number, and design do not significantly diminish the Conservation Values of
i
� the Property and only for any of the following purposes: (a) to state the name and address of
' the Property; (b) to temporarily advertise the Property or any portion thereof for sale or rent;:(c)
to post the Property to control unauthorized entry or use;or(d) to announce this Conservation
� Easement. Any permitted sign shall not be more than six (6) square feet in size, shall be non-
; illuminated, and shall be subject to applicable governmental regulatory requirements.
3.02 Cutting of Ve�etation/Landscaping,
The cutting,harvesting,or removal of trees, shrubs, or other vegetation on the Property
is prohibited, except for the following purposes with prior written approval of Grantee and in
accordance with good forest management practices and the Conservation Purpose of this
� Easement: (a) to clear and restore trees and forest cover that is or has been dead, damaged,
diseased or destroyed; (b)to prune and selectively thin trees to create limited vistas; (c) to
construct and.maintain those structures and improvements and to conduct those uses and
activities that are expressly permitted under the terms this Easement; (d) for.firewood and
fencing for use on the Property;and (e) to remove hazards to persons or to the Property.
3.03 Structures and Im�rovements
Grantor shall have the right to erect and maintain the following improvements,provided
such improvements are (i) compatible with the preservation of the Conservation Values, (ii)
consistent with the Conservation Purpose, and (iu) in accordance with the following provisions:
A. Allowable Non-Residential(Accessory)Improvements
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With the prior written approval of Grantee, Grantor may erect and maintain the
r � following non-residential improvements on the Property:
;`'
' � i. Structures to facilitate wildlife management, such as signs,feed
dispensers, and hunting blinds/tree stands;
ii. Fences, provided they are placed and constructed so that they do not
; block or detract from the scenic view of the Property from Soundview
Avenue;
� iii. A nature trail(s) or footpath(s) for the use of the owners, tenants,
occupants, assigns, and possessors of the Property, the guests of same,
and,with Grantee's prior written approval,the general public, subject to
any required regulatory approvals; and
iv. A bench for the use of the owners, tenants, occupants, assigns, and
possessors of the Property, the guests of same, and, with Grantee's prior
written approval,the general public, subject to any required regulatory
approvals. `
B. Replacement of Struciures or Itnprovements In-Kind
In the event of destruction of or damage to any existing or expressly permitted
structure or improvement to such an extent that repair of such structure or improvement
- is impractical, erection of a replacement of comparable size,bulk,use, and general
• design to the destroyed or damaged structure or improvement is permitted within the
same location subject to the prior written approval of Grantee.
C. Environmental Sensitivity during Construction
The location and use of any structure or improvement permitted to be
constructed hereunder shall be consistent with the Conservation Purpose, and
construction of any such improvement shall minimize disturbance to the Conservation
Values and other natural resources of the Property. Grantor shall employ erosion and
sediment control measures to ensure that storm water runoff will not carry eroded and
other deleterious materials into Great Pond (or other wetland areas),including but not
limited to employing the least possible removal of vegetation,minimal movement:of
earth, and minimal clearance of access routes for construction vehicles.
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ARTICLE FOUR
,�.:
NOTICE AND APPROVAL
(
4.01 Notice and A��roval
A. Requests for Approval of Certain Uses or Activities
With respect to any use or activity under Articles Two and Three that requires the
prior approval of Grantee, or.in the event Grantor proposes to undertake a use or activity
that is not expressly prohibited hereby but which may have ari adverse impact on the
Conservation Values and other conservation interests associated with the Property,
Grantor shall, in writing, request Grantee's approval and shall include therewith
information identifying the proposed activity and the reasons for and other details of the
proposed activity with reasonable specificity. The request for approval shall describe the
nature, scope, location,timetable, and any other material aspect of the proposed activity
• (including, if appropriate, sketch plans or scaled drawings of the site(s) of the proposed
activity) in sufficient detail to permit Grantee to evaluate such activity. The request shall
also include information evidencing the conformity of such activity with the requirements
of the applicable section under which approval is requested hereunder. Grantee's �
approval,which shall not be unreasonably withheld,shall take into account the following
criteria:
(i) the extent to which the proposed activity or use of the site for the proposed
activity would impair the scenic qualities of the Property that are visible from
Soundview Avenue; and
(ii) the extent to which the proposed activity or use of the site for the proposed activity
would otherwise impair the Conservation Values of the Property; and
(iii) the extent to which the proposed activity or use of the site for the proposed activity
would be inconsistent with the Conservation Purpose of this Easement.
Grantor and Grantee shall cooperate and shall act in good faith to arrive at agreement on
suitable sites and activities in connection with any determinations that are necessary to be
made by them (either separately or jointly) under this scction. Notwithstanding the
foregoing, Grantee's approval of a proposed site or activity shall be withheld if the use of
the site for the proposed activity would interfere with the essential scenic quality of the
Property, impair the Conservation Values of the Property, or would otherwise be
inconsistent with the Conservation Purpose of this Easement.
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B, Grantee's Response
In accordance with Paragraph A of this section, Grantee shall approve,
�� conditionall a rove or withhold a roval of the ro osed use or activi within for
Y PP � pP P 1' tY tY-
five (45) days of receipt of Grantor's written request therefor. Grantee agrees to evaluate
Grantor's requests under this Easement based on its good-faith exercise of professional
judgment. Notwithstanding the above, if in good faith Grantee requires more than foriy-
five (45) days to undertake a sufficient and thorough review of the documentation
provided, or determines that it requires further documentation, Grantee shall so notify
Grantor within the original forty-five (45) day period of the additional time and/or
documentation required to respond to Grantor's request hereunder.At Grantee's sole and
absolute discretion, Grantee may permit commencement of the activity less than forty-
five (45) days after receiving Grantor's written notice. In the case of withholding of
approval, Grantee shall notify Grantor in writing with reasonable specificity of the
reasons for withholding of approval, and the conditions,if any,on which approval might
otherwise be given. Failure of Grantee to deliver a written response to Grantor within
such forty-five (45) days (as extended, as discussed above) shall be deemed to constitute
written approval by Grantee of any request submitted for approval that is not contrary to
the express provision hereof, including but not limited to the Conservation Purpose, and
whose implementation would not impair the Property's Conservation Values. If Grantor
disagrees with Grantee's reasons for withholding approval of the action proposed by
Grantor, upon Grantor's agreement not to commence the disputed activity pending the
resolution of the disagreement, the matter may be submitted to non-binding mediation.
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. If Grantor fails to make any such payment, Grantee is
authorized to make such payments (but shall have no obligation to do so)upon ten (10) days
prior written notice to Grantor, according to any bill, statement or estimate procured from the
appropriate public office without inquiry into the accuracy thereof. That payment, if made by
Grantee, shall become a lien on the Property of the same priority as the item if not paid would
have become, and shall bear interest until paid by Grantor at one (1)percentage point over the
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prime rate of interest from time to time charged by Citibank, N.A., or its corporate successor, in
� ::'� no event to exceed a legal interest rate. ,
,�_.
�"�� 5.02 Indemnification
Grantor acknowledges that Grantee.has neither possessory rights in the Property nor
any responsibility nor right to control, maintain, or keep up the Property. Grantor has and shall
retain all responsibilities and shall bear all costs and liabilities of any nature related to the
ownership, operation,upkeep,improvement, and maintenance of the Property. Grantor hereby
releases and agrees to hold harmless, indemnify and defend Grantee and its members, directors,
officers, employees, legal representatives, agents, and contractors and the heirs,personal '
representatives, successors, and assigns of,each of them(collectively, "Indemnified Parties")
from and against any and all liabilities,penalties, fines, charges, costs,losses, damages,
expenses, causes of action, claims, demands, orders,judgments, or administrative actions,
including, without limitation, reasonable attomeys' fees, arising from or in any way connected
with: (1) injury to or the death of any person, or physical damage to any property, resulting
, from any act, omission, condition, or other matter related to or occurring on or about the
Property, regardless of cause,unless due solely to the negligent act or willful misconduct of
Grantee; or (2) violation or alleged violation of, or other failure to comply with, any state,
federal, or local law, regulation,or requirement or this Easement by any person, other than
Grantee, in any way affecting,involving, or relating to the Property.
5.03 Insurance
�
Grantor shall keep the Property insured by an insurance company rated A1 or better in a
reasonable amount against loss from the perils commonly insured under standard fire and
� extended coverage policies and comprehensive general liability insurance against claims for
personal injury, death, and property damage. Such insurance shall include Grantee as an
additional insured. Grantor shall promptly deliver to Grantee a certificate of insurance upon
reasonable request of Grantee. Grantee shall have the right to obtain a reasonable policy of
insurance on the Property should Grantor fail to obtain same;provided, that in the event
Grantee obtains such insurance,the cost of such insurance shall be,a lien on the Property until
repaid by Grantor.
5.04 Environmental Res�onsibilities
Grantor Res�onsible for the Propertv. Grantor is solely responsible, and Grantee has no
responsibility, for the operation of the Properfy or the monitoring of hazardous or other
conditions thereon. Nothing in this Easement shall be construed as giving any right or ability to
Grantee to exercise physical or managerial control of the day-to-day operations of the Property
�
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or of Grantor's activities on the Property. Neither Grantee nor its agents shall be liable to the
Grantor or other person or entity in connection with consents given or withheld or in
,t� connection with any entry upon the Property pursuant to this Easement.
l�4�
Grantor's Envirorunental Warrant� and Indemnit�. Grantor represents and warrants
that it has no actual knowledge of a release or threatened release of any Hazardous Materials
(as defined below) on the Property and hereby promises to hold harmless, defend and
indemnify Grantee from and against all liabilities, penalties, fines, charges, costs,losses,
damages, expenses, causes of action, claims, demands, orders,judgments, or administrative
actions, including,without limitation, reasonable attorneys' fees, arising from or connected with
the presence of or any release of Hazardous Materials on the Property or violation of federal,
state or local Environmental Laws (as defined below).
This Easement is not intended to and shall not create environmental liability in Grantee.
Notwithstanding any other provision herein to the contrary, the parties do not intend this
Easement to be construed such that it imposes on, creates in, or gives Grantee:
(1) the obligations or liability of an"owner" or "operator' as those words are
defined and used in Environmental Laws,including,without limitation, the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C.
Section 9601 et seq., and hereinafter "CERCLA");
(2) the obligations or liability of a person described in 42 U.S.C. Section
9607(a)(3) or(4);
(3) the obligations of a responsible person under any applicable
Environmental Laws;
(4) the right to investigate and remediate any Hazardous Materials
associated with the Property;or
(5) any control over Grantor's ability to investigate, remove, remediate, or
otherwise clean up any Hazardous Materials associated with the Property.
The term"Hazardous Materials" includes,but is not limited to, (i) material that
is flammable, explosive, or radioactive; (u) petroleum products; and (iii)hazardous materials,
hazardous wastes,hazardous or toxic substances, or related materials, including but not limited
to those defined in CERCLA, the Hazardous Materials Transportation Act(49 U.S.C. Section
5101, et seq.), New York Environmental Conservation Law (NY ECL 27-0901), or any other
Environmental Law, and in the regulations adopted and publications promulgated pursuant to
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them, or any other applicable federal, state, or local laws, ordinances, rules, or regulations now
�'"�� in effect or enacted after the Effective Date of this Easement.
�' The term "Environmental Laws"includes,but is not limited to, any federal, state
or local or administrative agency statute,regulation,rule, ordinance, order or requirement now
in effect or enacted after the Effective Date of this Easement relating to pollution,protection of
human health, the environment,or Hazardous Materials.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entrv and Ins�ection
Grantee and its employees, agents, and contractors shall have the right to enter upon the
Property for the purpose of inspection and monitoring to determine whether this Easement and
its Conservation Purpose and other provisions are being upheld. Except in cases where Grantee
determines,in its reasonable discretion, that immediate entry is required to investigate a use or
condition on the Property in order to prevent, terminate, or mitigate a violation or potential
violation of the terms of this Easement, such entry shall be permitted only at reasonable times
and upon prior notice to Grantor and shall be made in a manner that will not unreasonably
interfere with Grantor's use and quiet enjoyment of the Property. Grantee shall not have the
right to permit access upon the Property by the general public.
6.02 Protection and Restoration
Grantee shall have the right to identify, preserve, and protect in perpetuity the
Conservation Values of the Property,including,but not limited to,by means of review and
approval of improvements and activities as set forth in Article Four above. Grantee shall have
the right to prevent any activity on or use of the Property that is inconsistent with the
Conservation Purpose or other provisions of this Easement and to require Grantor to restore
such areas or features of the Property that may be damaged by any inconsistent and/or
unperxnitted condition, activity or use and to enforce these rights 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 Grantor's control, including,without
limitation, fire, flood, storm, earth movement or other acts of nature,unauthorized acts of
unrelated third parties, or from any prudent action taken by Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to persons, property, or to the
Property resulting from such causes.
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ti n3 Enforcement Ri�hts of Grantee
x" . Grantor acknowledges and agrees that Grantee's remedies at law for any violation of
this Easement may be inadequate. Therefore, in addition to, and not in limitation of, any other
rights of Grantee 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 within thirty (30) days of Grantor's receipt of Grantee's notice of
such breach, default or violation, or in cases where more than 30 days is reasonably needed to
effect a cure a bona fide attempt has not been begun by Grantor within such 30-day period
(which notice and cure requirements are 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 Conservation Values or otherwise to further the Conservation
Purpose of this Easement), Grantee shall have the right at Grantor's sole cost and expense and
at Grantee's election,
(a) To institute a suit to enjoin or cure such breach, default or violation by temporary
and/or permanent injunction and/or to require the restoration of that portion of
the Property affected by such breach, default or violation to the condition that
existed prior thereto;
(b) To enter upon the Property to verify, investigate, document, 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; and/or
(c) To seek or enforce such other legal and/or equitable relief or remedies as Grantee
deems necessary or desirable to ensure compliance with the terms, conditions,
covenants, obligations and Conservation Purpose 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.
Grantee's remedies described in the section shall be cumulative and shall be in addition
to all remedies now or hereafter existing at law or in equity. Grantor shall pay, either directly or
by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses
(collectively, "Litigation Expenses") incurred by Grantee in connection with any proceedings
initiated under this section. Litigation Expenses include,but are not limited to, those Litigation
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Expenses incurred by Grantee in the event Grantor or anyone acting by, through,under, or on
behalf of Grantor, commences litigation against Grantee to enforce any rights hereunder or to
��`� dispute any action or inaction of Grantee,to enforce any alleged duty or obligation of Grantee
�'�`�� hereunder, or to seek damages or specific performance against Grantee, except in the event
Grantee is finally determined by a court of competent jurisdiction,beyond right of appeal, to
have acted in a manner that is contrary to the terms of this Conservation Easement and to have
failed to exercise reasonable judgment(except in those circumstances of which Grantee is given
sole and absolute discretion as expressly provided herein), taking into account the Conservation
Purpose of this Easement and the circumstances of which Grantee had acival knowledge at tlie
relevant time. Grantee shall not be considered to have failed to exercise reasonable judgment as
aforesaid solely based on the fact that Grantee did not or does not prevail in such legal
proceedings or that Grantee is determined to have adopted an interpretation of this
Conservation Easement not accepted by the court. In addition,if Grantee initiates litigation
against Grantor to enforce this Easement, and if the court determines that Grantor is the
prevailing party and also determines that(i) the litigation was initiated with the primary
purpose to harass, embarrass, or injure Grantor; (u) Grantee did not have a reasonable basis to
believe that the facts underlying Grantee's legal position were in fact true; or (ui) Grantee's legal
position was devoid of arguable legal merit, theri the court may require Grantee to reimburse
Grantor's reasonable costs and reasonable attomey's fees in defending the action.
6.04 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 delay in
exercising any remedy shall not have the effect of waiving or limiting the use of any other
remedy or relief or the use of such other remedy or relief at any other time..
6.05 Assignabilitv
Grantee shall have the right to transfer or assign any and all of its rights and
responsibilities under this Easement, ancl any and all of its rights, title and interest in and to this
Easement only to a qualified organization(herein called the"Assignee"). As used herein the
term "qualified organization' means a not-for-profit corporation or a governmental unit or
agency, which is qualified to receive such interests pursuant to Article 49 of the New York
Environmental Conservation Law, and is a qualified organization within the meaning of Section
170(h)(3) of the Code, and which is organized and operated primarily or substantially for one of
the conservation purposes specified in Section 170(h)(4)(A) of the Code. Any assignment by
Grantee must require, and the Assignee must agree, that the Assignee and Assignee's
successors will carry out the purposes of, and enforce, this Easement. The Assignee and its
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� successors and assigns shall have the same right of assignment, subject to compliance with the
�r}" , provisions of this section. Grantee shall promptly notify Grantor of any such assignment.
7 6.06 Succession
�
If at any time Grantee is unable to enforce this Easement, or if Grantee ceases to exist or
ceases to be a qualified organization under Section 170(h)(3) of the Code or eligible donee under
Treasury Regulation section 1.170A-14(c), then this Easement shall be vested in such qualified
corporation,body or agency(other than any governmental unit or agency) and upon the
conditions and limitations contained in Section 6.05 above as Grantee shall designate. If, on the
occurrence of any of these events, Grantee fails to assign all of its rights and responsibilities
under this Easement and all of its rights, title and interest in and to this Easement to a qualified
organization that is an eligible donee upon the condition and limitations contained in Section
6.05, then the rights and responsibilities under this Easement shall become vested in another
qualified organization that is an eligible donee upon the condition and limitations contained in
Section 6.05 in accordance with a c�pres proceeding brought in any court of competent
jurisdiction. The then-current owner(s) of the Property will be notified of any such proceedings.
6.07 Extinguishment ,
The donation of this Easement gives rise to a property right,immediately vested in the
Grantee, with a fair market value that is equal to the proportionate value that this Easement at
the time of this gift,bears to the value of the Property as a whole at that time, and that
proportionate value (hereinafter, "Grantee's Percentage") shall remain constant. This Easement
can be termulated or extinguished, whether in whole or in part, only (i) in a judicial proceeding
in a court of competent jurisdiction, (u) upon a finding by the court that a subsequent
� unexpected change in the conditions surrounding the Property has made impossible or
impractical the continued use of the Property for the Conservation Purpose, and(iu) with a
payment of proceeds (calculated as provided in the following sentence)to Grantee, and Grantee
shall use all such proceeds in a manner consistent with the Conservation Purpose of this
contribution. In the event of such an extinguishment, Grantee shall be entitled to a share of the
proceeds from a subsequent sale, exchange, or involuntary conversion of the Property that is
equal to Grantee's Percentage of such proceeds.The value of this Easement shall be deterxnined
at the time of any such extinguishment by an independent appraisal by a"qualified appraiser,"
as defined in Treasury Regulations section 1.170A-13(c)(5),who is mutually agreeable to
Grantor and Grantee, the cost of which appraisal shall be bome by.Grantor.
If all or any part of the Property is taken under the power of eminent domain by public,
corporate, or other authority so as to abrogate the restrictions imposed by this Easement or
otherwise effectively to frustrate the Conservation Purpose hereof, Grantor and Grantee shall
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jo�n in appropriate proceedings at the time of such taking to recover the full value of the
interests in the Property subject to the taking and all incidental or direct damages resulting from
the taking. �
f: -
In making this grant of Easement, Grantor has considered the possibility that uses
prohibited by the terms of this Easement may become more economically viable than the uses
specifically reserved by Grantor pursuant to this Easement. It is the intent of both Grantor and
Grantee that any such change in economic conditions shall not be deemed to be circumstances
justifying the termuzation or extinguishment of this Easement pursuant to this section.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Alienabilitv
Grantor shall have the right to convey, mortgage,or lease all of its remaining interest in
the Property but only subject to the terms of 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, in the case of a transfer to an entity, the individual principals
thereof. The instrument of any such conveyance shall specifically set forth thaf the interest
thereby conveyed is subject to this Easement, without modification or amendnlent of the terms
of this Easement, and shall incorporate this Easement by reference, specifically setting forth 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 or the validity af
• � this Easement in any way.
7.02 Entire Understandin�
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.
7.03 Amendment
This Easement can be amended and modified only in accordance with the terms of this
Easement and the common and statutory laws of the State of New York applicable to the
modification of easements and covenants n.uuzing with the land. Grantee and Grantor shall
mutually have the right to agree to amendments to this Easement, provided, however, that
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' Grantee shall have no right or power to agree to any amendment hereto that is inconsistent with
I the Conservation Purpose or would result in this Easement failing to qualify as a valid
�;- conservation easement under Article 49, Title 3, of the Environmental Conservation Law of the
State of New York, as the same may be hereafter amended, or any regulation issued pursuant
thereto, or under Code section 170(h). No amendment may be approved by Grantee that would
—or, as Grantee in its judgment may determine,could—violate the rules of impermissible private
benefit or of private inurement under applicable sections of the Code, including but not limited
to Section 501(c)(3) of the Code or affect this Easement's perpetual duration. Any such
amendment shall be permitted only upon Grantee's determination,in its sole discretion,that such
amendment will not jeopardize Grantee's status as an organization described in Code sections
170(h)(3) and 501(c)(3).
7.04 Severabilitv
Any provision of this Easement restricting Grantor's activities that is determined to be
invalid or unenforceable by a court of competent jurisdiction shall not be invalidated. Instead,
that provision 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 of competent jurisdiction shall be severed from the other
provisions,which shall remain enforceable and effective.
7.05 Notice
All notices required by this Easement must be written. Notices shall be delivered by
hand;by express, certified or registered mail, return receipt requested;by certified mail, with
sufficient prepaid postage af�ixed and with return receipts requested; or through courier
delivery by a national courier service that provides automated delivery tracking;provided,
however, that notices from Grantee to Grantor to notify Grantor of the date and time of routine
annual monitoring of the Property pursuant to Section 6.01 above may be delivered by U:S.
First-Class Mail. Notices 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.
Notice to Grantee shall be addressed to its principal office, recited herein, marked for the
attention of the President, or to such other address as Grantee may designate by notice in
accordance with this section. Notice shall be deemed given and received as of the date of its
actual delivery to the recipient.
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7.06 Governing Law �
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�;;:.
New York law applicable to deeds and conservation easements pertaining to land
��'::. , located within New York shall govern this Easement in all respects,including validity,
- construction, interpretation,breach, violation and performance.
� 7.07 Inter�retation
; 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 or the other
party's attorney. No alleged ambiguity in this Easement shall be construed against the party
f which drafted it or against the party whose attorney drafted it. If any provision of this
f
; 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 Conservation Purpose 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 Easemerit, and this Easement shall be
interpreted broadly to effect the Conservation Purpose of this Easement as intended by the
parties. The parties intend that this Easement,which is by nature and character primarily
negative in that Grantor has restricted and limited his right to use the Property, except as
otherwise recited herein,be construed at all times and by all parties to effectuate its
Conservation Purpose.
. , 7.08 Public Access
Nothing contained in this Easement grants,nor shall be interpreted to grant, to the
general public any right to enter upon the Property.
� 7.09 Warranties
i
The warranties and representations made by the parties in this Easement shall survive
its execution.
7.10 Recordin�
Grantee shall record this Easement in the land records of the office of the Clerk of the
County of Suffolk, State of New York.
7.11 Enforceable Restrictiori;Successors
The covenants, terms,conditions, and restrictions of this Easement shall be binding
upon, and inure to the benefit of,the parties hereto and their respective personal
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representatives, agents,heirs, successors, and assigns and shall continue as a servitude running
�' in perpetuity with the Property.
�: ;
� 712 Termination of Rights and Obli�ations
A party's rights and obligations under this Easement terminate upon transfer of the
party's interest in the Easement or the Property, except that liability for acts or omissions
occurring prior to transfer shall survive transfer.
7.13 Headin�s
The headings, titles and subtitles herein have been inserted solely for convenient
reference and shall be ignored in its consfruction.
7.14 Counter�arts
Grantor and Grantee may execute this instrument in two or more counterparts; each
counterpart shall be deemed an original instrument. In the event of any disparity between the
counterparts produced, the recorded counterpart shall be controlling.
�Signatures to follow on next page.]
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� IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and
�� received this Deed of Conservation Easement on the day and year set forth above.
i�
ACKNOWLEDGED AND ACCEPTED: .
GRANTOR
BY: �
hn v.H. Halsey, S;�p�
ACKNOWLEDGED AND ACCEPTED:
GRANTEE
TOWN OF SOUTHO D,INCORPORATED
BY:
Scott Russell, Supervisor
SCHEDULE A: Metes and Bounds Description of the Property
EXHIBIT A: Wetlands Map of the Property
EXHIBIT B: Letter to Southold Town Building Department and Trustees
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STATE OF ��y�t ) •
��:°k~ COUNT'Y OF S uf'�01� ) SS:-
.�t�.
� On this� day of��- in the year 20�°Lbefore me, the undersigned,personally
appeared �2����V ,personally known to me or proved
to me on the basis of satisfactory evi ence to be the individual(s) whose name(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument.
���
N tary Public
piEATHEA VIRIGHT
Notary Public.State of N2w YOtlt '
No.02WR6211495 a�
Oualified in Suftolk County
(bmmission ExpUes September 21.20�
STATE OF N `( �
COUNT'Y OF ,��-�-� ( �� ) SS:
� �
On this ��day of� in the year 20�a before me, the undersigned,personally
appeared ��,-��-- R�Ss� (f ,personally known to me or proved
to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are)
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument.
Notary Public
Robert DeFrese •
Noiary Pubtic State o9 New York
Registration No.010E503511T
Qualified in Suffolk Couniy
Commiss(on E�Ires October 24,2028 I �
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WFG National Title Insurance Company
� �� Title Number. BAL5120S
��-- Page 1
SCHEDULE A DESCRIPT(ON
ALL that certain plot, piece or parcel of land, situate, lying and being near Great Pond,Town of
Southold, County of Suffolk and State of New York, more particularly bounded and described as
follows:
BEGINNING at a point on the southerly side of Sound View Avenue the following two (2)courses
and distances from the point where the northeasterly corner of land now or formerly of Clement W,
Sooth intersects the southerly side.of Sound View Avenue:
�
1. Along the southerly side of Sound View Avenue, North 44 degrees 43 minutes 10
seconds East, 34.87 feet;
2. Continuing along the southerly side of Sound View Avenue in an easterly direction
along the arc of a curve bearing ta the right having a radius of 578.49 feet, a distance of
65.13 feet to the point of beginning;
RUNNING THENCE South 44 degrees 21 minutes 00 seconds East, 219.23 feet;
THENCE North 44 degrees 51 minutes 20 seconds East, 100 feet;
THENCE North 44 degrees 51 minutes 40 seconds West, 199.71 feet to the southerly side of
Sound View Avenue;
THENCE westerly along the southerly side of Sound View Avenue, along the arc of a curve
bearing to the left and having a radius of 578.49 feet, a distance of 100 feet to the point or place of
BEGINNING.
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��� LOUISE HARRISON
CONSERVATION 8c NATURAL AREAS PLANNING
P.O. Box 214 PEcorv�c, NY 11958-0214
� 631-428-1315
October 9, 2020
Town of Southold Building Department Town of Southold Town Trustees
Town Hall Annex Building Southold Town Hall Annex
54375 Route 25 54375 Main Rd.
P.O. Box 1179 P.O. Box 1179
Southold, NY 11971 • Southold, NY 11971
Dear sirs/mesdames:
Re: 6480 Soundview Avenue; S.C.T.M.#1000-59-8-2 �
With this letter I am submitting a list of freshwater wetland and upland plant species I observed
on the above-named lot earlier this month. I am doing so to highlight the existence of
freshwater wetlands on the parcel.As of course you are aware, under Southold Town law,
§275-2,wetlands are defined by the presence of wetland vegetation and not simply whether or
not they are indicated on NYSDEC wetland maps.
Larger freshwater wetland.This parcel, which contains both wetiand and upland species,
appears to have been cut off from a larger, wooded wetland to its immediate east when a
. driveway was constructed a number of years ago to access land to its south.
Species Diversity. For a small parcel (�.46 acres),this lot contains a rich diversity of plant
species:Six (6)species of ferns, two of which are found in freshwater wetlands;.native
wildflowers, including two obligate freshwater wetland species and the showy Jack-in-the-
pulpit; grasses; mosses; shrubs; and trees occupy this parcel.The high diversity is unusual at a
time when our North Fork's native vegetation is threatened by high levels of deer browse,
depauperating much of our forest ground-layer vegetation.
Ecosystem Context. Beyond concerns about the freshwater wetland on the parcel and its rich
plant diversity is the relationship of the parcel to its surroundings.This lot,with road frontage,
is part of a native forest corridor on both sides of Soundview Avenue that occupies ancient '
duneland, complete with dune crests and troughs (duneland blowouts),where the troughs are
exposing groundwater and supporting freshwater wetlands.The corridor connects three
County Parks: Goldsmith Inlet County Park, Soundview Dunes County Park, and Peconic Dunes
County Park.The nearly unbroken corridor along the roadside spans east from Mill Lane in
Peconic toward the more suburbanized eastern end of Saundview Avenue. Development of the
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�',�' lot in question would break up this expanse of native forest and invite further roadside
�� development of a corridor unique in the Town of Southold and unusual, if not unique, in Suffolk
County.
Adjoining County Land.The entrance to Peconic Dunes County Park and its camp lies across
Soundview Avenue from this parcel.The narrow,country road should not be construed as a
boundary for wildlife or the forest, as wildlife freely traverse Soundview Avenue and the
forested corridar has similar components on both sides. In this context, Suffolk County should
be considered a "neighbor"of this parcel and provided any notice of its proposed
development. The construction of a house so close to the road across from the camp entrance
would have a profound effect on the ambiance of the camp. Parents line up for registration and
pick-up of campers all along that stretch of Soundview Avenue in their cars, awaiting entrance '
to the park. What they and their children see there affects their perception of the wildness they
are seeking for a residential camp experience,
!(indly add this fet�er and report to your reco/ds on the above-nomed parcel for youP
consideration should you receive any development proposals for same.
Very sincerely yours, �
�-��'���� . ��Z-f r� -
� ouise Harrison
Conservation Bio{ogist
att.
cc: S.C. �egislator AI Krupski
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�`.�. �j�.�.' ��' � �-
�'� Conservation and Natural Areas Planning
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�'' 6480 Soundview Avenue
'�` S.C.T.M.#: 1000-59-8-2
� Notes: Field Inspection, September 20, 2020,3:30 p.m.
Old pink flagging observed(approximately 5 fiags, numbered). Not fresh, indicating an old delineation of
a freshwater wetiand boundary; incomplete boundary delineafion.
Drop in grade;at bottom there is a small area of cobbles revealed, indicating turned up soil or past
running water.
Driveway to east of property line appears to have been constructed through a freshwater wetland; red
maple swamp lies on east side.
The following species were observed on the parcel.These are not arranged in any particular order other
than separating freshwater wetland species from upland species.
Scientific name Common name FWW Notes Photo-
' Indicator graphs
Status
Freshwater wetland species �
Acer rubrum Red maple FAC Native
Clethra alnifolio Sweet pepperbush, FAC Native
summersweet
Arisaema triphyllum Jack-in-the-pulpit FAC Native,in fruit Yes
Carex stricta Tussock Sedge OBL Native
lmpatiens sp. � Jewelweed FACW Native (not in flower) Yes
Epilobium coloratum Eastern willowherb OBL Native Yes
Onocleo sensibilis Sensitive fern FACW Native Yes
Osmundastrum Cinnamon fern FACW Native
� cinnamomeum
Nysso sylvatica Black tupelo,sourgum FAC Native
Persicoria hydropiperoides 5wamp smartweed OBL Native Yes
Solonum dulcamaro Climbing nightshade FAC Naturalized
Smilaxrotundifolia Greenbrier FAC Native
Salix discolor Pussy willow FACW Native
Vaccinium corymbosum Highbush blueberry FACW Native
Iris sp. Iris(possibly blue flag) Undetermined (not in
flower}*
Phragmites australis Common reed FACW Invasive
Rubus hispidus Swamp dewberry FACW Native
Abbreviations: FWW=freshwater wetland;OBL=obligate wetland species; FACW=facultative-wet
wetland species; FAC=facultative wetland species.
*Check in spring for species.A rare Iris species,lris prismatica, is known in the area around Great Pond.The
leaves of the plant on this site were small.
Continued
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i�ant species 2
,' 6480SoundviewAvenue
1000-59-8-2
'� Common name FWW Notes Photo-
.,�. Scientific riame
Indicator graphs
�� Status
Upland species
Fagus grandifolia American beech Native
Cary sp. Hickory Native
Sossafros albidum Sassafras Native
Quercus alba White oak Native
Quercus coccinea Scarlet oak Native
Phytolacca americono var. Pokeweed Native
americana
Aythyrium filix femina Lady fern - Native
Thelypteris noveborocensis New York fern Native Yes
Pteridium aquilinum Bracken fern Native
Phegopteris hexogonoptero Broad beech ferr� Native
Viburnum acerifolium Maple-leaved Native
� viburnum
Toxicodendron rodicons Poison ivy Native Yes
Parthenocissus quinquefolio Virginia creeper Native
Lonicero japonica Japanese honeysuckle Invasive Yes
Polytrichum sp. Haircap moss Native Yes
Geum sp. Avens
Yes
Solidogo sp. " Goldenrod Native Yes
Aralia nudicoulrs Wild sarsaparilla Native
Nabalus rrrfofiolatus Three-leaved Native
rattlesnake-root,Gall-
of-the-earth
Eurybio divaricata White wood aster Native Yes
Parothelypteris New York fern Native Yes
noveboracensis
Rumex crrspus Curly dock Naturalized
Rubus phoenicolasius Wineberry Invasive
Roso mu/rifloro Multiflora rose Invasive
Cefastrus orbiculatus Asiatic bittersweet Invasive
Persicoria perfoliota Mile-a-minute weed Invasive
Euonymus elptus Burning bush Invasive
Vitis lobrusco Fox grape Native .
Microstegium vimineum Japanese stiltgrass Invasive
Rubus allegheniensis � Blackberry � Native
Elaeagnus umbellpta Autumn olive Invasive
Allium vineple Field garlic Naturalized
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IdEW VOTdK STA►TE DEPARTMENT OF ENVIRONidiEN7AL CONSERVATlOM
Division of Lands and Forests,Bureau of Real Property
625 Broadway,5th Floor,Albany,New York 12233-4250
P:(518)402-9442 I F:(518)402-9028 I Landsforests@dec.ny.gov
www.dec.ny.gov
March 24, 2023
Melanie Doroski
Land Management Specialist II '
Town of Southold
Land Preservation.Department
54375 State Route 25
Southold, NY 1 1 971-0959
Dear Ms. Doroski:
We received the following conservation easement from you in our office on February 8,
2023:
CE #: Suffolk 0720
Grantor: Peconic Land Trust, Inc.
Deed: Book D00013187, Page 395
Recorded: 2/2/2023
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,
� ��n.n c.�%G• �i.n���
Lynn M. Lindskoog
Real Estate Specialist
Bureau of Real Property
Iml
,
NENVYORK Departmentof
or"roa��Nm Environmental
Conservation
LILLIAN F.M�CULLOUGH Su(FQL� OFFICE LOCATION:
LAND PRESERVATION a�,0 C'o� Town Hall Annex
EXECUTIVE ASSISTANT h� �� 54375 State Route 25
lillianm@southoldtownny.gov � .0 (corner of Main Rd&Youngs Ave)
� � Southold,New York
Telephone(631)765-5711 �r T \
Facsimile(631)765-6640 � � g MAILING ADDRESS:
�/� a�� P.O.Box 1179
www.southoldtownny.gov o,( � � Southold,NY 1 1 97 1-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
April 19, 2023
; Holly Sanford, Project Manager
Peconic Land Trust, Incorporated
P.O. Box 1776
Southarnpton,NY 11969
Re: NYSDEC Conservation Easements Registry
CE: Suffolk 0720
SCTM#1000-59.-8-2 �
Dear Holly:
Please be advised that the Town's acquisition of a development rights easement on SCTM
#1000-59.-8-2 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 0720. If you are eligible to claim a tax credit for
the donation of the easement to the Town of Southold,you may need to provide this control
number to the NYS Department of Taxation and Finance.
Sincerely,
��� �
Lillian McCullough
Land Preservation Executive Assistant
Encl !
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g�FFO(�- OFFICE LOCATION:
_ MELISSA A.SPIRO O�� C'OG Town Hall Annex
� LAND PRESERVATION COORDINATOR �.Z. .f�� 54375 State Route 25
melissa.spiro@town.southold.ny.us � �t (comer of Main Rd&Youngs Ave)
� � Southold,New York
Telephone(631)765-5711 �y �'�T
Facsimile(631)765-6640 4 • � MAILING ADDRESS:
�/� �0� P.O.Box 1179
www.southoldtownny.gov 0,( � �. Sou[hold,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
From: Melissa Spiro, Land Preservation Coordinator
Date: December 16, 2022
Re: PECONIC LAND TRUST, INCORPORATED (f.k.a. Iserman)to TOWN OF SOUTHOLD
` SCTM#1000-59.-8-2
Conservation Easement
Please be advised that the Town of Southold has acquired a conservation easement on the property
listed above. If you would like any additional information regarding the purchase, please feel free to
contact me.
LOCATION: 6480 Sound View Avenue, Southold
SCTM#: 1000-59.-8-2 -
PROPERTY OWNER: Peconic Land Trust, Incorporated
CLOSING DATE: December 16, 2022
PURCHASE PRICE: Gift of Conservation Easement
EASEMENT ACREAGE: 0.48 acre
TOTAL PARCEL ACREAGE: 0.48 acre
ZONING: Low-Density Residential (R-80)Zoning District
FUNDING: Closing expenses: Land Preservation Department—Town Budget
Easement gift accepted under the provisions of
Chapter 185 (Open Space Preservation)
PURPOSE: Town accepted this gift for the purposes of preserving, in perpetuity, the
natural habitat and the open, undeveloped, and scenic condition of the
property.
MISC.: The Peconic Land Trust acquired the property in April 2021 with financial
support from over 25 neighbors.
PLT named the property Soundview Avenue Preserve.
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M�QY 6, 2021
Through community outreach, the Trust acquired
the woodland located along a native forest corridor.
May 6, 2021. Southampton, New York. The Peconic Land Trust (the Trust)
announced today that it has acquired about a half-acre woodland parcel along
Soundview Avenue in Southold from Edith Cosban-Iserman
The acquisition was made possible not only by Ms. Cosban-Iserman's interest
in seeing a conservation outcome for the land, but by the dedication and
financial support of over 25 neighbors who saw the opportunity to conserve
this land for future generations. This includes a very active steering committee
� who worked with the Trust to make this project happen: Isabelle Kanz, Cassie
Kanz, Louise Harrison, Andy Duffy and Mike Dukmejian.
The woodland property is located along a native forest corridor in Southold
that connects three County Parks - Goldsmith's Inlet, Soundview Dunes Park,
and Peconic Dunes Park. The woodlands have a variety of plant species,
including native wildflowers and Jack-in-the-pulpit as well as grasses, mosses
and shrubs that create a healthy habitat. This property also provides important
groundwater recharge for our sole source aquifer.
This land is connected by natural plant life to maritime freshwater interdunal
__ swales (a mosaic of weflands that occur in low areas befween dunes along the
' Atlantic coast). Listed as rare habitats by the New York Natural Heritage
Program, maritime freshwater interdunal swales are more likely to be found on
the South Fork, but this land is a key project because of its North Fork location.
(https://guides.nynhp.org/maritime-freshwater-interdunal-swales/).
This property was acquired on Tuesday, April 27, 2021 and will now be called
Soundview Avenue Preserve.
"It takes a community to make conservation possible, and this is a wonderful
example about how a group of neighbors came together to protect land that
provides not only a scenic vista but will contribute to the health of the aquifer.
We thank all involved for stepping forward and making a difference!" said John
v.H. Halsey, President, Peconic Land Trust
"For several years, I've watched a For Sale sign on a piece of land containing �
freshwater wetlands. I knew I couldn't protect it by myself. I was overjoyed
� when the Peconic Land Trust joined in with advice and much hard work, making
this a community effort, and fulfilling my dream of preserving this precious
wild environment," said community member and donor, Isabelle Kanz.
"This parcel isn't large, but it hosts a small freshwater wetland in a critically
important forest corridor. The corridor occupies an ancient dune system
stretching east from Peconic on both sides of Soundview Avenue, through
three protected areas - Goldsmith Inlet, Soundview Dunes, and Peconic Dunes
County Parks. Within this system, interdunal blowout areas have become
vernal pools, sphagnum bogs, shrub swamps, and red maple swamps,
depending on elevation and exposure. The higher elevations host native forest
communities and transitional zones anchoring deep, sandy soils. The overall
ecosystem of the naturally forested dune crests and troughs is unique in , �
Southold and deserves further protection," explains community member,
donor, and conservation biologist Louise Harrison. "Thanks to alert and caring
residents and a partnership with Peconic Land Trust, preservation of land in
this critically important wildlife resource and groundwater protection area
continues. Conservation easements on private property and additional land
, trust or public acquisitions could help protect the corridor in perpetuity;
residents can all get involved."
"It was such a pleasure to work with a group of residents willing to collaborate
on the hard work of research and fund raising in the shared goal of
conservation," said Peconic Land Trust Project Manager Holly Sanford. "Their
community effort enabled the Trust to acquire and protect this land. The result,
a beautiful ecologically sensitive woodland conserved in perpetuity for wildlife
habitat and water quality.
About the Peconic Land Trust
Founded in 1983, Peconic Land Trust conserves Long Island's working farms,
,
natural lands, and heritage. Since its inception, the nonprofif Trust has worked
� conscientiously with landowners, communities, municipalities, partner
organizations, and donors, to conserve over 13,000 acres of land on Long Island.
The Trust's pro fessional sta f f carries ouf the necessary research and planning to
identify and implement alternatives to outright development. While working to
conserve the productive farms, watersheds, woodlands, and beach front o f Long
Island, the Trust is also protecting the unique rural heritage and nafural resources
o f the region. For more in formation about the Peconic Land Trust, visit
peconiclandtrust.org. ,
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P � �i �� ANY, N07 SHOWN ARE NOT GUARAN7EED GUARANTEES INDICA7E0 HEREON SHALL RUN
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