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HomeMy WebLinkAbout1000-22.-3-9.1 NOTES 2 OF 4 ASYoung dYoung I �,• THE APPROVAL OF THIS MAP DOES NOT CONSTITUTE THE 400 Ostrander Avenue, Riverhead, New York 11901 y g I, / ' 6 u LIMIT OF CLEARING, ACCEPTANCE OF HIGHWAYS SHOWN THEREON AS PUBLIC ROADS. 631-727-2303 Oq 1\ b� N� \ a¢I, �uP� _9 �'l) ��• "� �pp GRADING k GROUND N.Y.S. PLANE 603 I P @, \ \� OPEN SPACE A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN Howard W. Young, Land Surue or SFE' qTn� i ( DISTURBANCE Thomas C. Wolpert, ProfesaTonal Engineer ME a" + PARGEL B j' � �N LIBER IN THE SUFFOLK COUNTY CLERKS OFFICE IN Robert rC. Tart, Architect 'ME + °q5 / Ronald E. Pfuhl, Landscape Architect ?� n �\ 31.2552 ACRES �'' \$ PURSUANT D SECTION 278 OF THE N.YS, TOWN LAW R ARTICLE XVIII OF THE CODE OFF THE TOWNS SOUTHOLD,L U THE MINIMUM '@ Z �\ rnotr-h line REQUIREMENTS FOR ALL LOTS IN THIS CLUSTER DEVELOPMENT ITIa tGI"1Ine ��6, y +� �' SHALL CONFORM TO THE FOLLOWING: SITE DATA s. Nn TOTAL AREA = 104.3532 ACRES �/ 'Wa'N� � "'wPOND I _ _ LOT SIZE - 70,000 S.F. SIDE YARD = 20 FEET \° LOT WIDTH = 150 FEET BOTH SIDE YARDS = 45 FEET TOTAL NUMBER OF LOTS = 12 1 - VI/ EFRONT YARD = 60 FEET REAR YARD = 75 FEET mZt\y \+ y _- _ - LENGTH OF COVE BEACH DRIVE = 3,056 L.F. ° / Pt 4 0 Ot'Pj / \ \ \` 'O @„ N81°12'16"w y`,E - - �� ___ LENGTH OF STONEY BEACH ROAD 1,016 L.F. `� • noq' Go 1 �tP + / S\ r TOTAL = 4.074 L.F. O / P CA O P/ $ \ n € g �, G + LIMIT OF CLEARING, N np��/ �p`& S g d h\ \ G DDISTURBANGOUND APPROVE BY i"iga \/t / \ 1P, PLANNING BOARD ` TOWN OF SOUTHOLD log s 1 o.n. . A7 DATE 713/6l/ $dab �ZL @gtg PI n ZONING USE DISTRICT t \ As� dpi s ENGINEER'5 CERTIFICATION HEREBY CERTIFY THAT THE WATER 5UPPLY(S) AND/OR SEWAGE DISPOSAL 5Y5TENI FOR THI5 PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A '(� S6`, p 0 CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND \g805 , ( �� S CONFORSROUNDM TORTHE OSUFFOLK COUNTY DEPARITIONS, ALL L 5 AS TM POSE D \ , 'P„ ` .S G� S i SERVICES CONSTRUCTION STANDARDS IN EF 1 °� , � a6A•3\\�0 \ s�s�9' ), o� DATE. Q OId1 �9� b. 41. 's. y5'� n5'/ , I I \ lh R HOWARD W YOUNG, N.Y5 LS, NO. 458g3n O.A 4.J a ' �$ t N, , S THOMAS G. WOLFERT, N Y 5 FF. NO. 61483 i P ,5" 12;802 SGL. Ft\ 't ORO- TYPICAL W E o hT VPS 5 \G� sip Ny W STB N s3;` � s3 PLOT PLAN SURVEYOR'S CERTIFICATION �� l0 S5 / ` zp 12 ` s. ` _ - ` PROPERTY LINE "I HEREBY CERTIFY THAT ALL LOTS SHOWN ON THI5 PLAT ag ' COMPLY WITH THE BUILDING ZONE ORDINANCE OF THE TOWN OF S �-6 /- `' `� '126025.x, W WELL'" w5u SOUTHOLD, EXCEPT AS MODIFIED PURSUANT TO SECTION 276 &py}W 11 ,920 SGL. Ft_ 1'c25 PIP` i OF THE NY 5. TOWN LAW 6 ARTICLE XVIII OF THE CODE OF THE 'side _ TOWN OF SOUTHOLD " _ nes I HEREBY GrRTIF"T THAT ` p� A, �� \�q, \�.:� 99 1 , ll \4°W / SN O HOIJGjE N $. HO1�rJE SURVEYS COMPLETED SEPT.22, IS MAP NAS AND THAM ON O t \Oi 4 .2 5 I @° MONUMENTS SHOWN THUS M ACTUALLY EXI R G �qN s s, o h n,cs 216 0' Sl ;k„yy 52 k,4 A Wv. 9 p I p. tr o po �66a' g542 .�'�,P %y POSITIONS ARE CORRECTLY SHOWN AND ^�,T' 'f• SOS p5 S 2 2q,54 nl \ Sill I tS C?• ;� sEFrK AND GEOETIG DETAILS ' yRE CORRECT” _ ° o BYO \ ` \ 4uW \ I cP�p nPw °r 4 No 16K ""= AIHIN' `root HOWARD W. YOUNG, N. . L.S. NO. 45093 \ �O'43 0 9�^ 5 Pr forme�n a`, Er\° y . M NO�iG t �LDLAN09\1Q� na n �, 8n° m Ghf16t1ne o \I� w� ROAD D - & i - 13 ?� o v \- OWNER \, 3 / \ ` - ' \ / \ 5 \� o v �63�g\O GOVE BEAGH E5TATE5 LLG 10 3 N G/O INTERPOOL INC. F6§ \ Q I I ^ I N 633 THIRD AVENUE, 1-7th FLOOR VEIN Q 2 q^6 s 0. PLANNING BOARD CERTIFICATION NEN YORK, NEM YORK Iron � � N a m5o� THIS IS TO CERTIFY THAT THIS SLBDIVI510N MAP HAS BEEN APPROVED AS PROVIDED BY PLANNING BOARD OF SOUTHOLD \ \ 4 sod 3 m ----- MAP OF DATE OF APPROVAL ��-3��B O HAIRPERSDN -_ GONE BE,4GH ESTATES \00 W � a At East Marion, Town of Southold ,m—:3 a. m Suffolk County, New York — SUFFOLK COUNTY DEPARTMENT OF HEALTH 1000 22 03 o 1 1000 22 03 p/O 18J \sp I \ _ SERVICES HAUPPAUGE, N.Y. 1000 22 O315. 1 \ I --� __ ESE, U E3 Gourty Tax Map o-smYl 1000 Sumo" 22 81.Fk 03 Lot 18.8 \ __ _ o ,� OATE DEC 31.2003_ FINAL PLAT _ - N � GON T TO SEPARATE PERMITS PJ EFFE TO THOSE u .z Z U THI515 TO CERTIFY THAT THE PROPOSED REALTY 505DIVI510N OR DEVELOP,dENT - IW FOR COVE BEACH ESTATES IN THE TgwN of SOUTHOLD wlrH A TOTAL of 12 LOTS 5. RTE 25 I/' Z La H, WAS APPROVED ON THE 9EOV[-DATE WATER SUPPLIES AND SrINAGE DISPOSAL (NY � �I(L.._//T MAIN ROAD - - /�11 V W FACILITIES MUST CONFORM TO CT TO UOTION TE RETE ITS IN EFFECT AT THE TIME OF ' STRULTON ANO ARE SUBJEG W 10 5TANDARDS, THI5 APPROVAL SMALL BE VALID ONLY IF THE REALTY SUEDI V I510N OR __ F O 3: DEVELOPMENT MAP 15 DULY FILED WITH THE LWNTY CLERK WITHIN ONE YEAR OF THI5 1E 2 nil __ STATE.CONSENT I5 HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH THIS L,C L,[ V KEY MAP � ' _ W a y ENCORSEMENT APPEARS IN THE OFFICE OP THE COUNTY CLERK INA ORDAN E WI D Agb SCALE I"=600' m 6 W PROVISIONS OF ME ADDEO HEALTH LAW AND THE SUFFOLK COUNTY SANITARY C9DE E, 2003 FF Q LC MAP'PREPARED 51 2003 100 O 50 10004-- -------------- ----- `pp - - - - - - - - - VITa A MINE,PE ❑ MONUMENT SET ■= MONUMENT EouNU Q= STAKE SET ♦= Sip"E iouxo 1 DIRECTOR,DIVISION OF ENVIRONMENTAL QUIJOB NO. Igg4-0452 OP 4 $ OR DWG. 940452-fIFCI_plgk Southold Town 119; I SHEET 3 OF 4 NOTES Young & Young �£°g N.Y.S. PLANE 9 968 r W r THE APPROVAL OrTH15 MAP DOES NOT CONSTITUTE THE 400 Ostrander Avenue, Riverhead, New York 11901 �gg S r E ACCEPTANCE OF HIGHWAYS SHOWN THEREON A5 PUBLIC ROADS. 631-727-2303d=°"9 N s Ary A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN Howard W. Young, Land Surveyor a�E` FILED IN THE SUFFOLK COUNTY CLERK5 OFFICE IN Thomas C. Wolpert, Professional Engineer as. , -.a LIBER_____OP_____ Robert C. Tast, Architect .� ¢q Ronald E. Pfuhl, Landscape Architect 4. ,' E FURSUANT TO 5EGTION 270 OF HE N.YS, TOWN LAW t ARTICLE XVIII Q ( r �r, m �\ r OF THE CODE OF THE TOWN OF SOUTHOLD, THE MINIMUM `+ ' m r ' ' \'� r ' r r REOUIREMENT5 FOR ALL LOTS IN THI5 CLUSTER DEVELOPMENT ,P SHALL CONFORM TO THE FOLLOWING SITE DATA TOTAL AREA32 ACRES °�' r / 54 aster r S_ / � + ry \ r HOLE r m , / / NO. 2 ^r - LOT WIIDTH = 50p FEET F BOH SIDE YARDS 45 FEET TOTAL NUMBER OF LOTS = I2 W E �'r, < m 114,015 a.fw r ✓' LOT SIDE YARD 20 FEET FRONT YARD = 60 FEET REAR YARD = 15 FEET in 6so �, 6S8, jq, " - _ ' '�zD. r 2 r , W , r l ' rl\�o _ LENGTH OF COVE BEACH DRIVE = 3,058 L.F. o TN, 49 0 - _ r l , r , µ , LENGTH OF STONEY BEACH ROAD 1,816 L.F. 2\l� <,!�'sse j ob 17q 115,029 s.f. mry \ NELLT2, BUILDING AREA TEST HOLE DATA TOTAL = 4ST4 L.F. S ��7 q1, N72 SOSS 9' _ 9j q61 z r w 4.0580 ACRES 4'='35'W ��J o B x•43 g5� - -/ r p r r _ k112.5 37S321 /=-eT.e/. m _ - r r ' m / yds =3gzi ry P STp� c=zbs 1,334 s.R. ' z 1,664 s.f. a6,S. d-�0 La S.Oo9.Oj, 9.07, 7j gob R=,z - - _ r ' 2 r • TEST HOLE TEST HOLE TESTHOLE 27 No.4 NO T No56. ag 'a N / '], TEST R:Z7�A���=269 e Ca�3 moo• ( r l; \, N 2J'lb" oo' oar 0.0' I $ HOLE �' �'`b= SS• _ / // W LOAM o4ad k NO. 3 pl<\uj rJOJJ \\ \803 y A A 2Sj/ j Vey0.e.3• PROPOSED r I' .'"r" '` LOAM sANo LOAM 't= ANDY N6\°\61� a �! AN 6)� CLEARING / II , `� Sw VEL 's €fie t J O a NO Cn .� 9 g6 04 4449 NO2'42'45"E r �v v 46 els e match line �0t Q0 Q. yW, , 8 m T W 148.69' _/ �s\ . � �, match lire 5ANos �agF _ 1471 N 1 RAVEL HOLE -A �L=9 ,ya .I ` 5ANP I dP' bass QO y,a \kA• ff 'y NO. '7 R, eU� �. �.7q, ryn - GRAVEL R TER 94' E3e� L=1 BONN N66 oo7Qj6' • I„ 0� ZONING USE DISTRICT R-BO @F \ d�pPeq'b Do \ CTO' �s, \ N y NS,o 41. SN9 ENGINEER'S CERTIFICATION Do I HEREBY CERTIFY THAT THE WATER 5UPPLY(5) AND/OR <J VI, 1I SEWAGE DISPOSAL SYSTEMB) FOR THIS PROJECT WERE A' 9 TEST HOLE 1-L DE51GNEO BY ME OR UNDER MY DIRECTION. BASED UPON A @z 6, p ` NO. 5 O CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND p. W 4 GROUNDWATER CONDITIONS, ALL LOTS, AS PROPOS S > O CONFORM D CES CONSTRUCTION 5 NDS IN EFM SERVTAAw OPEN SPACE DATEr 65 5 Q 99 m\ ?rn h p PARCEL A �P� -CO wOCo�f qh,9 o O s 25.9 55 ACRES uJ m. L �(� HOWARp W. YOUNG, NY L- oo NO. 45893n* 2� 0, b 6�4a Q) V 1 THOMAS G. WOLPERT, NYSP.E. NO 61483 t Pon 3h �`.W� s, jOAOFE5S10N E TYPICAL PLOT PLAN SURVEYORCERTIFICATION Ss 'P 'S ag \ POND S P�) T aJ �A PRoFERTr LINE "I HEREBY CERTIFY THAT ALL LOTS SHOWN ON THI5 PLAT p j S PI s' I,eu COMPLY WITH THE BUILOING ZONE ORDINANCE OF THE TOWN OF `,n 6 TEST w ✓¢LL N SOUTHOLD, EXCEPT AS MODIFIED PURSUANT TO SECTION 278 €a�^ 2 pl ', �' HOLE z i OF THE N.'PE TOWN LAW t ARTICLE XVIII OF THE CODE OF THE bide % p N \ 6' @ NO 4 TOWN OF SOUTHOLD CN 520.881 "I HEREBY CERTIFY THAT THIS MAP WAS M HOUSE �. HOUSE SURVEYS COMPLETED SEPT.22,2003 AND TH / oO. p z w MONUMENTS SHOWN 7HU5 m ACTUALLY EXI y 6 9 589°43'34"W o= z P05ITION5 ARE CORRECTLY SHOWN AND ® AQ " noW or formerly -E 11TH - AND GEODETIC DETAILS RE CORRECT." \ Peconic Land Trust a is L sk\,S/+ ss Incorporated `' _ �x 1 h POND 4 bye W : _JI^TIME HOWARD W. YOUNG, N.Y.5. L.5. NO. 45893 �t)t oN v N a q LFAcHws `Foos s 4589 QJ O m � W 0 s' LAND o W"u �\ ROAD 6 3 s 7rI� � OWNER S COVE BEACH ESTATES LLC $ s q x N� C-10 INTERPOOL INC. 9`°+� 9`S ��." a W 633 THIRD AVENUE, I"Ith FLOOR SFk PLANNING BOARD CERTIFICATION NEw YORK, NEW YORK 1101-1 .WE (9 x S6• 9 r{\ TEST HOLE �s ND. 5 LIMIT of CLEARING, W Ess c� THIS I5 TO CERTIFY THAT THIS SUB01VI51ON MAP HAS BEEN a.al D' S \POND OPEN SPACE n GRADING B GROUND APPROVED AS PROVIDED BY PLANNING BOARD OF 5OUTHOLO. uVF ,nO CO \ `.... .� DISfURBANGE yea Wa. x PARCEL B - \<, N� MAP OF 2 \\ 31.2552 ACRES /' DATE OF APPROVAL -------- BY____CHAIRPERSON COVE 5E,4GH ESTATES 1 \]W x Pcye e , •,\ �, / I I match line m % W 0"m ch line e <, w a o At East Marion, Town of Southold a� Q m \� \ m Suffolk County, New York m SUFFOLK COUNTY DEPARTMENT OF HEALTH 0 W 1000 22 03 9.1 H- UGE, IODO 22 03 p/o 18.1 W W SERVICES HAUPPAN.Y. 1000 22 03 Ia. I County Tax Map olzo-lI,t 1000 s«m° 22 Bm°a 03 Lot 18.8 � 312.90' _- - - - -- ; o AC 31 2003 0 .� F rOt\ \v`•` ''` v Nbl I '6 - X � FINAL FLAT '� O ° I PATE _______ 0 G p�' , / r O.6., „j,,, 1'\'EJ'L - �� - c0i z �O!]O� / OltD \ ANDS `` V-_ Tylls Is TO cERnT-r THAT THE PROPOSEv REALM sIBPNISION OR PSVELOFMErvr r Q J _ Q t�� \ S ` 1 W - ul FOR COVE BEACH ESTATES IN THE E.HATE SOUTHOLD WFFH A TOTAL of 12 LOTS \ Z F WAS APPROVED oN THE AETO DATE.WATER 5JPPLIE5 S 1 SEWAGE DISPOSAL FACILITIES M15T CONFORM TO LONSTRIILTION STANDARDS IN EFFECT AT THE TVUBIME OF O` x W (] OONSTRULTION AND ARC-VAL SHALL TO SEPARATE PERMITS S�ALIP ONLY IF E REAL- TO THPEE STANDA�O� -\ LIMIT OF CLEARING, Q L p. 0 �y p VELOPMEW MAP 15 THE D LY FILEOLWITSH THE 00 l CLERK WITHIN P.YEIAR OF TVISION HIS O \ GRADING B GROUND e W w W PATE CONSENT 15 HEREBY GIVEN FOR TIE FILING OF THIS MAP ON WHICH THIS • / a. ,��j EHPOR5EMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE WITH 0 6 PROVI510N5 OF THE PJBLIO HEALTH LAW ANO THE 5 FFOLK OWNr`5ANITARY POPE OGT. 3, 2003 at,o3 ILL 0 50 loo 200 Odd/ DISNRBANGE S y Q N MAP PREPARED BE 22, 2003 ea. o° _________ _ _ _ _ _______-------- - _______- vTPA MINS PE SCALE: "=100' 8:b¢ ❑= MONUMENT sEl ■- RaUMENI FOJa A- slnKE SEl ♦- StAKE FLUNU vO V I / SHEET 101= 4 6N m D PIREOTOR,DIVISION OF ENVIRONMENTAL OJALItt JOB NO. 1994-0452 2 oap DWG, -140452of 4 §9�L NOTES sa3^12b„E Young & Youngs 2b. THE APPROVAL OF THI5 MAP DOES NOT CONSTITUTE THE 400 OstrarEIt Avenue, Riverhead, New York 11901 1, ACCEPTANCE OF HI6HVQAYS SHOWN THEREON AS PUBLIC ROADS. �'��' 631-727-2303 p FI ED NA DECLARATIO61 N GOUN4TYTGLERKS OFS AND FICE INNS HA5 BEEN Hnw¢rd W. young, L¢nd Surveyor a��6 \\ -� 6 Li Tho'm.¢s C. WOlpert, PrafesaT.Doal Engineer g_V3 O Robert C. Tast, Architect ,� $ Ronald E. Pfuhl, Landscape Are 5 '` RIRSUANT TO SECTION 218 OF THE N.YS. TOWN LAW 4 ARTICLE XVIII O MUM OF THE CODE OF THE TONN THE MINIMUM REQUIREMENTS FOR ALL LO SPIN TH 5OCLUSTER DEVELOPMENT ' O I �jo SHALL CONFORM TO THE FOLLOWING, SITE DATA 3 10 � TOTAL AREA = 104.3532 ACRES tV S �$„ LOT SIZE = 70,000 S.F. SIDE YARD - 20 FEET LOT WIDTH 150 FEET BOTH SIDE YARDS _ 75 FEET TOTAL NUMBER OF LOS - 12 H I - FRONT YARD - 80 FEET REAR YARD I o \ N.Y.S. PLANE LENGTH OF COVE BEACH DRIVE = 3,050 L.F. ° N LENGTH OF STONEY BEACH ROAD - 1,816 L.F. fl \ TEST HOLE DATA TOTAL 1 I 3 I r \ = 4,874 L.F. m \ aN 3 Z . \ Off• COASTAL EROSION W E TBT .1 MET HOLE rEsr HOLE p ga I �� � HAZZARD BOUNDARY G NO'I NO.2 "a LOAM O.O' oA' CO. /6' L APPROXIMATE SANDY LOAM TOP OF BLUFF nlm CLAY fee 0 - / ,�l60'. 60' 50' i \ �f RIGHT OF yVAY ,5, o DAM BRAVE, SSg4 TIE-LINE ALONG BC, . sANO a@' snrvor �a5p r r ./ �R"2 ?��/APPROX. HIGH WATER MARK CLAY HARDPAN j tf II ` l 1U l \ \�O' F PALS ZONING USE U15TMCT p R-80AITH E .,/'s , Q z rr �s'�> \ m ? ISO IS 01 >a4F G /C bR T ao.o ENGINEER'S CERTIFICATION �J A I R=25.00 S ' ' ' IV sP.Nv I HEREBY CERTIFY THAT THE WATER SUPPLYS) AND/OR tt9� / ` SEWAGE DI5PO5AL 5YSTEMI FOR THIS PROJECT WERE V ' \ Q7! /gQz, bRAVFL a D DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A PROPOSED 749, F �•JQ/ /( CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND ' CLEARING A r r Yl i d ON / 1 \ N Dqp, GROUNDWATER CONDITIONS, ALL LOS, AS PROPOS Q d r / h CONFORM TO THE SUFFOLK COUNTY DEPARTM Y ° F /6,64 SERVICES CONSTRUCTION 57ANVARDS IN EF A DATE. / HOUSE T 73^ l6p'� S Ci _203 / r O l o• AP m123,-782 B.f. >7,�, C bd 1 r 2 r HOWARD IN YOUNG, N.YS L 5 NO. 45893n Z� 1 r , , \ 16318 THOMAS G WOLPERT, N.Y5 P.E, NO. 61483 �,r(�, 6jg8`D �� rO �N.p 1 ,p /4115 S70o `V� .SSNI 11P a v �s ) \ d I' S 999,E TYPICAL PLOT PLAN Y� 69r, 4 !` NN. y>. 3' SURVEYOR'S CERTIFICATION s � ` / ' \ OC� 1111,165 B.f. _ - 3 Sj3 PROPERTY LINE "I HEREBY CERTIFY THAT ALL L075 SHOWN ON THI5 PLAT r fie! ��� OS'�' , ,' ST g0 - n 39' �a OOn w nF1J.No wEIL COMPLY WITH THE BUILDING ZONE ORDINANCE OF THE TOWN OF as Of OPS 1 / , H LE , / }T/ ,D �7.731 E a i SOUTHOLD, EXCEPT AS MODIFIED PURSUANT TO 5EG7I0N 218 �`abu5p Of �\ C 1 - OF THE N.Y.S TOWN LAW 4 ARTICLE XVIII OF THE CODE OF THE slip O� 8�4 1 r 0 V a TOWN OF SOUTHOLD° 0 � ME TES r r - r' �' Po\Pw9 s O \ �b 7 ` / T 'L 6/36 � HOUSE o 'I HERESY CERTIFY THAT THIS MAP AIAS � HOUSE SURVEYS COMPLETED SEPT 22,2 03 AND TH po _ 7 - MONUMENTS SHOWN THUS . ACTUALLY EX AND yEODETIG DET W 5 RE CORRECT.' O C O I l l �D' SEPTIL fpYLA_IO`,(,�YAC✓y�PI'y'�.(flf r , rnNK POSITIONS ARE DIET Y SHOWN AND (��y i .I CM P� \ � I O � ,'p / � / / � /� - � ` ry// � MIN • � T D ia)�9• ` ' 2 / ' O ' V I l 25`, , Q. '�'�7 r _ I - pNmi 11 T Fo L CORN f HOWARD W. YOUNG, N.Ys. L5. NO. 458-73' LA-- IF^cows O s ry OLE / tDLANU o� ° 1114,015 3.f. ' / ,' N0. 2 , �. / ROAD J, ry i OWNER IL ' GOVE BEACH ESTATES LLC r / TOTAL ArjIEA= CIO INTERPOOL INC. 5 ' !Ory ' ,' r�zp, TEST Q / q.'256� ARES w 633 THIRD AVENUE, 17th FLOORw5 ' r WELL 2, r BUILDING AREA / 115,02q S.F. 2 TEST HOLE LLJPLANNING BOARD GERTIFIGATION NEW YORK, NEW YORK 1101-7 a .T q Ay2. 35�• / NT ST�•4335 , , , , / 4.0580 AGREE as, , NO. 6 = a r r Y s�e� C`- 43 J / / / EVip 86•'25' 37531 ,SO,g,, ,8 / , zO. 8 ' •,Ory ' Gi ,' ;V ,/ /• �•': / ;1N/� < THIS 15 TO CERTIFY THAT THIS SUBDIVISION MAP HAS BEEN �t�ga Q. -Z5 ut - , / 0 , \� OPEN _ APPROVED AS PROVIDED BY PLANNING BOARD OF SOUTHOLD Him �y7�0 , <e26g _ ` J II7'�34 s.f. g r 1,664 s.f. .:� 3 6s@• ^D ° nb:lY R95 269.07, 3611F�$� ,� <. > <.S9 4 r r ' rl ,:% ° DATE OF APPROVAL ________ MAP �F 6B B CHAIRPERSON COVE BEACH ESTATES TESr 'Q HOLE 's.gDGy, G ,� ' ¢ At East Marion, Town of Southold �' J l I/ , - O 2 r- � ROPOSED / I� q�" `I o o Suffolk County, New York N N A N CLEARING r ' 1 H 1 �., a HW- SUFFOLK COUNTY DEPARTMENT OF HEALTH 1000 22 03 q.I s°o G 9 a 444s ll z az'as'B )`. ;, a SERVICES HAUPPAUGE, N.Y. 1000 22 03 o a s. UR ty n p/o 15.1 match line < cs r'.'9 fi Sp `4W 43.69 �, " m Z 000 22 03 O, amt I_ , 1 I w GOunty Tax Mqp olsblm 1000 s«Im1, 22 emcx 03 LaH 18.8 r, Ate, NQ HOLE YI 1 147' '� I, I ?� �,; o match line g NO. "7 �� 4 ''-'�'2 `lA 1I '' N 1 Q DATE uEC_�1z00�_ FINAL PLAT ° 74, " <$ '�' L=15D'`� O ?6, I� p` 1 z THIS 15 TO CERTIFY THAT THE PROFSOISEP REALTY -DNISION OR DEVFLGPMENT `�I I W W FOR COVE SUCH ESTATES IN THE TOM OF SOUTHOLD WITH A TOTAL OF 12 LOT, W 'g F AS APPROVE,ON TME ABOVE DATE.NATER SERIES AND SEWAGE DISPOSAL FACILITIES MAST CONFORM TO CONSIRIGTION STANDARDS IN EFFECT AT THE TIME OF S= 0 I n CONSTRUCTION AND ARE 5U41ECT TO SEPARATE FERMIT5 PUR,UANT TO THOSE L F� STANDARDS TMS APROVAL SHALL 5E VALID ONLY IF THE REALTY SUBDIVISION OR P F ') +� DEVELOPMEW MAP 15 DULY FILED WITH THE C.1 CLERK WITHIN ONE YEAR OF THIS t U ' W DATE CONSENT IS HEREBY bHE O FOR THS Or FILING UN THIS MAP IN AHICH THIS • ,_ U W ` ? ENDORSEMENTVIN5O APPEARS IN THE OFFICE A THE OWNTY CLERK IN ACCORDANCE WITH J-1 m W PROV ISION5 OF TIE Pu9LIL HEP,LIH LAW AND THE SUFFOLK[AUNTY SANITARY LODE 6 3 L� C A SHEET '2 OF 4 100 IOC 200 —�// / MAP PREPARED OCT. 31, 2003 § O' = MONUMENT¢T ■- MONUMENT FOUND 6� STAKE $T A= 4/.ME FOUNp - -- ---/-�-----.- VITO A MINEI.PE SCALE 111= SEP. 22, 2003 Rif _ �+-i114- �B F DIRECTOR,DIVISION DF ENVIRONMENTAL WAum JOB NO. igg4-0452 g . DWG. -140452_fin81_plot Of 4 3 a y NOTES Young & Young 816 - THE APPROVAL OF THIS MAP DOES NOT CONSTITUTE THE 400 Ostrander Avenue, Riverhead, New York 11901 a�� N.Y.S. PLANE ACCEPTANCE OF HIGHWAY5 SHOWN THEREON AS PUBLIC ROADS. 631-727-2303 a&& E JiNg 5'64 • Y FILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN Thomas C. WoLpert, Professional Engineer ea3 A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN Howard W. Young, Land Surveyor aC�� , 150.77, $73. i 6 LIBER,----- § Rahert C. Test, Architect ; �� Ronald E. Pfand, Landscape Architect IVol' / /3$� OF THE NCOVE OT TO r THE OWN OF SOUTHOLD, THE MINIMUM CTION 215 Of: THE N.Y.S. TOININ LAIN 4 RTICLE XVIII m 77� REGUI CONFORM THE FOLLOWING:S IN TH15 CLUSTER DEVELOPMENT SITE DATA S TOTAL AREA = 104.3532 ACRES - m 153.18' LOT SIZE _ "70,000 S.F. 51CIE YARD - 20 FEET / 'S70° LOT WIDTH .= 150 FEET BOTH SIDE YARDS = 45 FEET TOTAL NUMBER OF LOTS = 12 _ - 4q3 /?3�q°� rTf FRONT YARD = 60 FEET REAR YARD = '15 FEET m aH $43 0 /77oq• LENGTH OF COVE BEACH DRIVE = 5,055 L.F. ` $73° LENGTH OF STONEY BEACH ROAD - 1,815 L.F. f _ CO 3'aq' j E TEST HOLE DATA TOTAL = 4,514 L.P. lL $ ( $ 7/. 582°49'3 °E S � 5 10 S6 14,, � a nl ' r H) _ TES� LE TESTf6LE fy . l , l l nryi � 321.20' • W I , l I l V TOP 501EDO yp x' l 6 / l 2!• I / 8T 39•\/ r _ T I 0.5' E „ OLE ee :Nry I 114,0-15 S.F. ' I Nb. z , , - , ^ - _ moi' T-0 A, 4- SANDY ;9f H V LOAM e3. C C Q. NYP v N66"04'49"N1 t0 0) !_ L O A-1 m TO' To' Pq 5 g TOTAL AREA= �'v N m HARDPAN a s - \8.08' Q (>l "1- f LL, ] HARDPAN 1 SAND Toa- / TEST , A/ RES g OL -O. N IL ROCK HARDPAN £� a WELL 2, , BUILDING AREA , TEST HOLE - - - N85°42'49"W 0 0 i s IOC' L0 I , , 4.0589 ACRES may, NO. 6 '� N09°33'38"W N7$°3j, (+_ L 0 V TER 120• p , ' ,C 48, $�1'�' EO O C LARGE 1 RocK ZONING USE DISTRICT - R-50 F 3 8 < , ' ''�aD• 8 , m ' i.... --••�:. ' m�l OPEN SPACE EASEMENT AREA S3li N63•60 7g, GRAvez sAf2Ow`"� 7a.az l�5/ . " _ - l / m l ' �% \ .}I.mi 5.1809 ACRES 3c40\ 4F,?' .54' .9 �, _ 11"7,334 s.f. ' g �;• m, \ 4>° N8"I°$q'45"W ENGINEER'S CERTIFICATION GRAVEL S �5. II 1,664 s#. m \ aS e �'0 s - / / ' 9 W 589'19'53"W . $ 'r�MIT OF G �\ 150' 150• . HEREBY CERTIFY THAT THE WATER SUP PROJECT NERE 5207, q.07� B Rx Cx Cx'S9. - 12 r /: /%10,00 D LEARING, \ / 77 �' �' J. r ' _ , / GRADING 4 GROUN *� SEWAGE DISPOSAL QYSTEM(5) FOR THIS PROJECT WERE _ 1C" 7� DESIGNED BY ME OR UNDER MY DIRECTION. EASED UPON A _ �CRNx ROS' ��' R= -' - -/ ' / ' /; �� N7/=2 ' DISTURBANCE t"')/�M PCNL CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND TEST ��� ^D '�3 =�3 1 ' ' 1 i'' , 716 N' , , - -, 1/ GROUNDWATER CONDITIONS,'ALL LOTS,AS FRE) 5 0 .�. Q' 3g, I' I/ / .Z•25 CONFORM'TO THE SUFFOLK COUNTY DEPARTM ," HOLE �i <x6"p/, I _ - , Ij \ry/ I` .//,��- _- ' ' 25 54' C4 y NO. 3 - a7/ 9.4� y�y0.83 ` `PROPOSED / 1 9� H i 3 -- -' ' ° DATE CONSTRUCTION STANDARDS IN EF 'A, 1 I� �.//• O5^W ' � O N N89'10'25 E "(�fi •Y�'0 , N52'42'48"E , _/ I` rv.\ i ,` r? i CO mQtCh line / m _ �3 match Ilne ��iRW,e 4W r TEST HOLEy L..s N .`IA 1 i II � @/3s HOWARD W YOUNG, NYS. L.S. NO 45893 2 Dl Q- I A 1 lr 7 , . -� 4 tl,� THOMAS 4 WOLPERT, N.Y.S. P:E. NO. 6140 - 6 3 � . � 148 R r , F, 6 �> TYPICAL PLOT PLAN o� SURVEYOR'S CERTIFICATION, 3i. ' "I HEREBY CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT a . PROPERTY LINE COMPLY WITH THE BUILDING ZONE ORDINANCE OF THE TOWN OF Fag; / WETLANDS j S� 0 M'" ""'''' SOUTHOLD, EXCEPT A5 MODIFIED PURSUANT TO 5EC71ON 298 ! e OF THE N,Y.5.'TOWN LAW 4 ARTICLE XVIII OF THE CODE OF THE TEST HOLE, i yl th_ G�\ry pa] 5 ' / 9 3` TOWN OF 50UTHOLD." HI / ✓''� O\S1 hmoDY' ' "I HEREBY CERTIFY THAT THIS MAP WAS M / (� D HOUSE �, HOUSE SURVEYS COMPLETED SEPT.22,200,? AND TH OPEN SPACE 3 „�� _ V� /YY ff bi MONUMEN75 SHOWN THUS • AGTUALLY EXI y rh\ LO w POSITIONS ARE CORRE0 LY SHOWN AND 471 51 �p ii.. °i p __.nL (f ANO GE D7ET L RE GO ECT." �If •ql!�� PARCEL A , ` . ;/ /lS b�� N77 s "� r� �3 �� l 2&.41755 ACRES - - 10" 4 w f � �p 5• "�.`•, � � Q r I i US 53.2°tJ4"j1"V't !(1 r / 1 n J nlry (�) (' i HOWARD W. YOUNG, N.Y.S, L.S. NO. 45099 C 45893 ��� . I SN �s X. v0 m "F Poo \ u;• ys � � ` )CANDS�R LINE OF WETLANDS AS DESIGNATED 1` ^� 3� Sae 2 N 9O ROAD BY THE N.Y.S. D.E.G. IN 1984a, 1 6°�. OWNER m o N� COVE BEACH ESTATES LLG - 0/0 INTERPOOL INC, S .06, W6g E ' Ory 6NU 33 THIRD AVENUE, 17th FLOOR lee $6 ` - $ PLANNING BOARD GERTIFIGATION NEw YORK, NEA YORK Iron �& 1 520.68' - 45001 W N8'i°08'7T„ q Z �11 f7°O01 THIS Is To D rFRTIry DEPT THIS SUBDIVISION MAP HAS BEEN ( 3 0� 1 589°43'34"W N89°05'36"IN m O 46 W o- 5�� \58"W A BY PLANNING BoaRD oP sou D. now or formerly o r oL MAP OF Peconiz. Land Trust v ry er o o ----------- COVE BEACH ESTATES W DATE OF APPROVAL __ -____ By --___-__ 'D/ ?M POND W _ CHAIRPERSON Inco>rporoted z m c n I Y q At East Marion, Town of Sduthold m m Suffolk County, New York ` SUFFOLK COUNTY DEPARTMENT OF HEALTH o00 22 03 9.1 A w 11000 22 03 P/O 18.1 3 a SERVICES HAUPPAUGE, N.Y. 1000 22 03 8.1' - U County Tax MOP DI"mm 1000 s""n°D 22 Bi-N 03 LOl 18.8 - s " Z DEC 31 2003D DATE ------ ---- I NAL PLAT O = U z THIS 15 TO CERTIFY THAT THE PROPOSES/REALTY SUBDIVISION OR DEVELOPMENT FOR COVE BEACH ESTATE? IN THE TOWN OF SOUTHO W KITH A TOTAL OF 12 LOTS • m p Z W WAS APPROVED ON THE AEOVE DATE.WATER 5MPLIE5 AND SEWAGEDISPOSAL LS W FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE TIME OF 'EAR NG, ; p W 0 L0145TRUGTION AND ARE SJEJELT TO 5EPARA1 PERMITS PURSUANT TO THOSE 3 STANDARDS THI5 AFFRP/AL SHALL BE VALID ONLY IF THE REALTY WBDIVI510N OR SHEET {y1 //� F 4 DEVELOPMENT MAP 15 WLY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF THIS I 1 E E T L O W o. W DATE.ENDORSEMENT IS HEREBY bH EN FOR THE FILING UN THIS MAP ON WHICH THIS A'k] S j O, 7, ENDORSEMENT APPEARS IN THE OFFICE OF THE E S.rY CLERK IN ACCORDANCE WITH J IIR yr PROVISIONS OF THE RIBLIL HEALTH LAW AND THE SUFFOLK COUNTY SANITARY LODE. OCT.51, 2005 '._ 4 ID MAP PREPARED SEP. 22, 2003 6 loo 0 50 loo, ___ ---------TO A,MINEI,P,E. SCALE "=114- DIRECTOR,DIVISION OF ENVIRONMENTAL DUALITY JOB NO. 1994-0452 4 of4 3 • DWG. P140452-final-plat , 0= MONOMENi SET 11 - MD+ENT FOUND Q e SiANE Eei A- 4AHE FDIIND ' n ' 1 I Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard W. Young, Land Surveyor Thomas C. Wolpert, Professional Engineer Robert C. Tast, Architect Ronald E. Pfuhl, Landscape Architect TEST HOLE DATA `sig b ae #. TEST HOLE TEST HOLE a� < W Si' Ni NO. 2 �- 5 E0x.•21 A' .0- GL.•ITA' 00' ' � OAM SANDY PING ]D LLAT LOAM DD' DANDY CLAY HARD PAN DR Yl1TER �A, BR WATER IDD' DANA 1 ORAVEL 1 PING ]]A' 24A' TEST HOLE TEST HOLE SHEET 2 OF 5NO. 3 NO. 4 GL..2DD' OA' CL!36D' 0.0. LOAM LOAM _ 4A' Its �, I\ 1 ' . ' \\ '.,` �' G 614 - ' / 1 `• \\ \\ _ -- I I '� 1 ! S� 10 7S. sr R4 50 / ' / ` _ v1,0 1 euro 0. RI .�3$, OPEN 5PAGE \ / h " ,+,' I I '' \ � , °�0 � BAND 1 a d $ N 9 \\\� I ' \\ ,� �\` , \ \ IE.Iq.l9 \ / \ \ i` / / \ \ ' ; .''�Ab \0�`I46 h ` eµwo DRAveL i 5 r, p e PARG�L A `j v 5 9 O / S S,� - `r+t 1 -yAAv VAV CO 90 _ 1, \ EArHING FIE D 6 1 A '''' / I '' A _ / / 1 Q5 N77°5 �l J wlTM �7. ^ O 9� , q _ ; A 28. 955 ACRES _ A "� p �9° 7'36ry V` t Al, ,A' 4 - _ ]a of le Pev.. (4Tr0 X,'EPF.'DEPTH / ..e. ) V 1 %: ." •1 �° 1 V • D00% �sTORM DR N POOLS V - / " - / / A W IDD• pb WATGR n o' �h7 0A1111 A °•v AA v cA _ _.' V _ / /, A , , l I 46.59' d \ L .� 1\11 I \ \\` \' l0 2 N \ �\ / /, '„� / II 54'21"W .IX . \ p 31 #13 _ \ Trlb582° r yt�V 9�1, o O -_- - \ ( l 1 \ 3 3 'S<tA RIMA - -- ' _ - _ -- N \ _ _ ` )\�\g II O,y @ Ip.lgs, / '� I \ \� l / / LINE OF WETLANDS AB DE(aI6NP\T@eS ,Z 9 TEST HOLE TEST HOLE 3 9 24.So , I - \ `' \ \ / BY THE N.Y.S. D E.G. IN\I°Ig4\ \'., \\, l{\ 6. _ / \ N /O NO. 5 NO. b \ lac.. A!� / \Q.�. i,• / / 1\\\ e. z \ \ \ " / ( \ \ S @ `. �\''• � " • ',\ O � � LP DTI° ]4.50 a I = _ _- - � _ '- \. Q6 Y4 TOPDOIL o4, \ \, 2.98 � 1\ °!GoA' P1-DD' o.o' \ 1 eL•]eA�, O / - le'ASPHALT \ C \ _ tO_O,- \ O�/I / _ �D,� PA On, \.+ \ \ , 1 I - _ _ \\ \\ ' \ _ b'4gs5'E _ .I \ XARDPA _ _ Ory match Ins 1 RCGR / ( � // 1 \\ .y @ \ \ = FEST . \ / - - - \ c�\ \ \ 1 ` S4 „ `` ,D' HARDPAN ,A match line \ / �i�6 POND sII � \\ -- 6� \\ � I�10 L4 \�„ \ � - - - - - - - - - \ \ \\\ \ 4Q5 eR WATeR HAROP IOD• 15Atro RA' VA . / � A y \v / VAA1A• 1 ' \ VA ` \ _ 4.63 OR,YIATER Iso' nrau bD - - 4 2, 1 520.88' - - - - - - - - __ - -_ _ 9 4'5o"W L•xee 5A W� VA` II 0� I 1 1,u - BAND 1 / / TEL-25,65 169.71 61. DRAveL \\ 1 - \ _ \ / 3 156'W IGa' 15.a m�� \N87°08'46"W 99°O \ -T65 Pecon� \ and Trust S DAM POND 85 Acres ncorpgrated Z No. 7 No. e P1 1 \ . _ TEST HOLE TEST HOLE OND 4 Il v 9F WNN \ \mel V AIA III1 A i;. G 612 v I i V /// AV ` /. >V v - A STA aB v EL..nA oar eL..•n' Loan °'°' .� S n N'�• A •�tV� 11 i� RinaPw lol A I I - OVA1�10 Al !I : /,/ '�� v E.uol = eAnm 24, r IB A€P / I LOAM 23, IU 1V oao% ONLEAGHI 6 FIELD F\v SANo dND 1 v hG 9T, / `!/ I/ As`�IVA ORES b REU�SH` p\ ,!hL/ a \-,.�,✓(_ // GB '611 A \ \ (4) IO'9W'X IO'EFF.�EPTH STORM BRAIN POOL5 1 s 1 95 + / ( - s - - v r Ur, wwe STA . � / "_ J - " . 1 TO+1991 A v't / / BR PureR \ A; 1 / ,� .\ / .a � ` � � \ '. / � @• OR WATER P.4' 9 HOLE v ' � v DA ILD o .� \4 T , °\ Ili - - - \ \ I / � J4 \ e r LJ.MIT OF GLEARINB, /" r � \ \\\ \ (l11 '� ql /`\ \ \.. =) \ \ \GR�DiNOA -6ROUN �. .� //� p.E�}2 DISWIRB_ ANPE- 3 2 / ` .v 11 I I / / v � v i•. GB�V0. / / ( DTA v /,•W br�.,)mtaDv '( SIM:♦1¢- ��� _- - - // A - s`S � ^ p�- p�•� ��t�\�I:'.\ � _( .. i /�ry; I' - - - -- , 1 1 \\\ \\\\\�\\ I / Ij% 1 _�•�6'�, - - --__ _-��)I ill \�\�\ � � 40 6 .\\__)�,! ! \ \\ \\ "2- l\ POND � \\ `•Ib� \ \ / -'S • _ 24'QF 34" P P• 0000% , �_ _ \;�_'__-)1-� -L - -_ a / 1 _ _ \ \; /_- IasSD•r.�' \\'=moi. . D+`j6.L`� l` _ F° ono \,,, \ / R < _ .� ` \ _f °}2't6 sy3 - STORM WATER t / 0 Ott / + / _ \ \ / 1 / f 1 re•D. \ , \ \ _ _ \ lT LANms _ STORAGE CALCULATIONS \nII \ l ._�b-- 1 LEAGHI FIELa-E of \ I/ \ •��� S, �� C \\, _ - - TRIBUTARY AREA RAIN COEFF VOLUME / ty _ s o MoLs V = A A A�VA �., /i w v wlM9eR a slze AREA f°iJ R beJ 1 c v /.� V4 T �' .' v .� \� -- � J I _' � 1 LIMIT OF GLEARI�IG, A - ,8 \� \ # 1.1 ?` vvv� __ / - ) 1� A 2 ac 40,'187 2/12 0.25 2099 � ' • OnO� GRADING 6 6ROIND � \ \\\ •\`; \', = ---._ �;I I / -- -' 151STURBANGE � � 8 POOLS IO'EDIA xl0' EFF. DEPTH 2P59 -SA /.�, ` #2 1.00 ac 43,560 2/12 0.25 1,615 d� M41DI / % +0/ / 24-OF IB"FBP / \ / 1Trlb 65 1 •000a% LEACH N ELD'`0 ; 1, - _ LEACHING FIELD B NOTES 4`a - - - _ 3 POOLS 10' DIA. x 9' EFF. DEPTH 1,547 @Y G NIN•O ./ h M DRAIN POOL __ -- I. ALL CONSTRUCTION TO BE IN ACCORDANCE WITH TOWN 0 �' bj `\ A \ 1 _ -- - \ .. �• I 1 5r,A;Is.00 / \� \ #3 1.90 ac 82,764 2/12 0.25 9,449 OF SOUTHOLD HIGHWAY SPECIFICATIONS, P'' G3Y M , �S \ / I \ �"141M•le is \ \„ \ 2. CONNECT ALL STORM DRAIN POOLS WITH 15" PEP PIPE.\10 � bA / \ / \ LEACHING FIELD G 3. LOT SIZE 700FE 9,F, BIDE YARD 45 FEET M� /` 6s \ I (" - 6 POOLS 10' DIA, x q' EFF. DEPTH 8,695 LOO WIDTH 60 FEET BOTH SIDE YARDS 45 FEET see �' ` S- •\ \ 1 .< _ FRONT YARD 60 FEET REAR YARD TS FEET / 5GA77ERED +, 1 '� �s= _ 4. THE MINIMUM SETBACK FROM THE TOP OF BLUFF 15 100'. I3q� pq TREES 6 CRUSH I - - THE NYS a•\ \I - - - 4.72 ae 205,609 2/12 0.25 D,967 5. FRESHWATER WETLAND BOUNDARY IS EQUAL TO THE EDGE #� OF PONDS) (EIGHT PONDS) AS VERIFIED BY R. MARSH AND LEAGHI IG FIELD C @g�B " - - - 4„ 7 a A � \ O O5. LORENGE ON 9/2V03 � 9 J O'OIA. 9'EFF DEPTH - LEACHING FIELD D as i°y (b o 5r�k1A DRA Pooys \ S� O 7 14 POOLS 10' DIA, x 9' EFF. DEPTH 61621 gQ_ F'B" PEP eTTA. I cO '�` O S #rj 3.85 ac 16,,706 2/12 0.25 6,908 RI 2.14 Trlb 64 TLA292 \ I`le 5o z �O� Trlb 63 LEACHING FIELD E SITE DATA _ 4.92 Acres \� RIM•2i k '"',. O y 12 POOLS 10' DIA. x 9' EFF. DEPTH 7 89 b - , -_ 26_ - \ IE•1e.,4 • \ \ o % 1.90 Aeras TOTAL AREA = 104.3532 ACRES 10 ��( 5GA77ERED I \Ae�T.]e]4 ` /� \ .. ' TREES ! BRUSH I \ / #6 0.56 ac 37,462 2/12 0.25 1,961 ` \ TOTAL NUMBER OF LOTS = 12 \ - \ \� LEACHING FIELD F -0 \ \ OPRN SPAGE PARCEL A = 28.9756 ACRES I B POOLS 10' DIA. x B' EFF. DEPTH 1,642 `` \ Ie'A5PH 1-T PAVEMENT91.2552 ACRES OPRN SPACE PARCEL B o = . �^^ -r2 02 sq. Ft \ O TEST `v A VA X6Fas°9Aa A WELL 9 v .� ""'t""' � ", + _ � ' ^ \ TFIb 62 ZONING USE DISTRICT = N.G.V. DATUM (M,9.L. 1929) v , ,��,�o-„" ^, 1.00 Acre • VERTICAL DATUM 0 o'c \ OG `�'i1,920 sq•. FE_ s - ' $� At \\ \ Naa, + 2aoPI5•PEP• l000% ENGNEERSGERTIFGATON r2-20411`k ° \ • I HEREBY CERTIFY THAT THE WATER SUPPLY(5) AND/ORSEKA6E v G PROJECT HERE 43 / 59�2954° /% -\ \I\ 512.52 DESIGNED 1SPOSAL BY ME OR UNDER MY DIREC5Y5TES) FOR TION BASED UPON A 5 F \ \ O \ ` 1 \ � CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND 0o b GROUNDWATER CONDITION ALL LOTS, AS PROPOS .j4' \ / ` �.' // \ RI / ` 7 _ \ I CB 64 _ CONFORM TO THE SUFFOLK COUNN DEPAREY OE V lS 9 Q• N ` me �- / ,1.[�, I\ \ 5TA 400 \ 9 ~ Oh 15 4 W ` R OT' fa( I< •\ Tc•]s 5o SERVICES CONSTRUCTION STANDARDS IN EF �.�SI,dPI 'l5` 'L3 prmP'rl� .s HOW W NovVCOv%ok ` _ 91 \VA 9`,7 �a`- I:�'e�2e'BOLEAGHING FIELD B DATE .�c �Q \ G �^ Or f OWn \ EnIG M• ^ - 5' 0 ,' (9) lo'DIA x 9'EFF.DEP1X /��/� ` t); - 9 9fi y now gr fi ttne r� �'�v bi:��,\ L {�j 1,, , \ \ Imo. 11• ` 1'1 an I / /\ GI,f 15 - O \ \ STORM G IN POOLS _ ,j[i r� ,\ _ V rYi. \ s RIM•STAN. le" 22 G O \" \C" l�5 HOWARD W. YOUNG, N.Y S. L5. NO. 45893nMN THOMAS G WOLPERT, NY.S. P.E NO. 61483 �/G t v 1 / LKLK. v A Trlb 61 Vim;' Jccc. (ivAF 5URVEYOR'S CERTIFICATION 9 \W o SEP• 0.0% GB 62 � - LEACHING FIELD A =STORM 1DEPM ORMN POOLS HOWARD�W. YOU- .Y N .S L S. NO. z I _ like, ij� 4589 • ee yaM 5TA, aWO EC C15 #I ° D - � _ ^ice 1 5O-AINS D9 APR - 2 2004 OWNER op lug/]/ 'M.Ro dY9� � - aIM40eb COVE BEACH ESTATES p EE _ D NYS jZT e•IbRO deg _ � - c/o INTERPODL INC, G59 € _ Southold Town 633 THIRD AVENUE, 17th FLOOR /11��� NEW YORK, N.Y. 1001'1 \moo ,_ - � " 1./� yLIN Planning Board '2003 RGE FINAL ROAD 8 DAINAPLAN 1 } COVE BEACH ESTATES off/ 9B4i (NY.5 RTE. 25 MAIN ROAD At East Marion, Town of Southold Suffolk County, New York D 1000 22 3 9.1 LOCATION MAP 1000 3 00 22 3 p /O Iia i SCALE, I"=600' Govrty Tax Map obtrbt 1000 s°sl°° 22 Block 3 Lot 18.8 r S ED C ROAD 4 DRA I NAGE PLAN u%rrr."ETT PT i-ER TERMS AND CONOLTiONs OF PERMIT i0. I)Vy-0/,xW1 DATEII/ 3 (U OCT. 51, 2003 MAP PREPARED MAY 29, =03 19y G. p - MONUMENT SET 0 - MONUMENT FOUND p - S.1 SET ♦- 97ME `.IND ON&, C 1"=100' JOENO. 1994-0542 OF 5 ���� ' I WGi, G0940452_IO-17-09 Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard W. Young, Land Surveyor 1 Thomas C. Walpert, Professional Engineer Robert C. Toilet, Architect Ronald E. Pfuhl, Landscape Architect Qi Np£ 00A STORM WATER TEST HOLE DATA STORAGE CALCULATIONS aye N TRIBUTARY AREA RAIN 100EFF1 VOLUME TEST HOLE TEST HOLE �:sa - NO. I NO. 2 a NUMBER ° SIZE AREA(,l) R(1!) G V(c i) EL.•9a' a.o- GL.•I1,0' OA' � #6 1.39 ac 59b99 2/12 0.25 2.467 �' 2.0' BANDY PING CLAY 9AlID LEACHING FIELD F So. LOAM Bo• 4 POOLS 10' DIA. x 10' EFF. DEPTH 2,'19'1 BAS, ea' W E CLAY HARD PAN �$� 1.02 ac 44,4312/12 0.25 10 BR WAreR BArm ° 200' SR AAAI coAnee lI '� ° rlNc 22A' 244' LEACHING FIELD b 4 POOLS 10' DIA. x '!' EFF. DEPTH 1,916 - - TEST HOLE TEST HOLE #8 1.91 ae 59pb4 2/12 0.25 29'18 No. 9 NO. 4 S _ e�•me' on' eL.aea' Do- LEACHING FIELD H LOAM LOAH 4 POOLS 10' DIA. x W EFF. DEPTH 2,469 aA, 4e' GRAVEL ° BAND #a 1.19 ac 51,896 2/12 0.25 2,159 9n' BAND e PALE SRAV L ]AND HITF LEACHING FIELD IGRAVEL 4 POOLS 10' DIA. x 9' EFF. DEPTH 2,189 583.14'46"E lea' No vureR ITA' #10 5.23 ac 229,819 2/120.25 9,492 LEACHING FIELD J 7E57 HOLE TEST HOLE - - \ 14 POOLS 10' DIA, x 10' EFF. DEPTH g9T9 NO. 5 No. 6 - -� - O TOPSOIL OA' E-.9D' OA' 0.91 11 I ' -- - -�. S # I 0.93 ac 31,999 2/12 0.25 1925 LOAM HARDPAN -_ !� HARDPAN 1 BAND \ - \\ LEACHING, FIELD K HAROPA 2 POOLS 10' DIA. x 10' EFF. DEPTH 1,969 6R wAreR ° Rccx lap' 9n II I / t�Ali•� tt- _ ,` / -% A�o�. .,. v 8• rt, aia varen Ila' SAW 4 I A- �• VA �_ U I '�V A`• A #12 L02 ac 9q�9q 2/12 0.25 3900SeAVTL 1 LEACHING FIELD L 5 POOLS 10' DIA, x 10' EFF. DEPTH 3,421 yN, AA ' \ \ #15 3,45 ac 150,262 1 2/12 0.25 6,262 FE NOHOLE TESTI HOLE \' \ CO' EL..9!' LOAM ON I -1 / _ • :I Y/ /� \V A \ S, LEACHING FIELD M - .. ON BANDY I \ 1 12 POOLS IO' DIA. x 8' EFF. DEPTH 6,566 LOAM 2s, COASTAL EROSION - - #�[]: 1.36 ae 59,242 2/12 0.25 2,M°6 BANDe HAZZARD BOUNDARY I\ i \ // A 'V A del-/ LEACHING FIELD N aa.WATER 6'r eR.wr.reR a4' APPROXIMATE 4 POOLS 10' DIA. x 10' EFF. DEPTH 2,'139 B.O' ICA' TOPOFBLUFF RIGHT Of' WAYI - TIE-LINE ALONG - Jr- 3 / \ / .1 , \ �, i, /sr•?4?' APPROX. HIGH WATER MARK r�ss�'a0VA'` 1 r A `7 V v . , yA V ��p�„ y N,v � I Trlb 0I4 �i, �` I" �\�\ 111 \ \ \ � /Fq /o JL 1.36Acre64F S 045 \ lr ani )vA R=25.00 __ � �I ;\ 1 q � 1 A / I � /63?, L �+ PROPOSED _ I I08T '. v�,vV A'.\\V I v� V _ �4 �i'��F J��J� / GLEARI NG _ I ` / \/b \`l A \1 _ TA,2.00 VAAp VA V �\ RIM-5025 / \.y^I = -ice, - HOUSE \ \ / ` -- _- -a _ ` $ f� LEACHING FIELD . oaf _ f.9S�✓ (�/ / / T �. \ \ - 50/, 9 3$?"F J/p 0.4 N STORM DR4N POOLS _ _ \ O I I> I2J�Y'LI I \ LEACHING FIELD M (12) OF DIA,x a-EFP,DEPTH I ' V- A ' �' _ ' / ` ` STORM DR.IN POOLB ` / '> ` GB #23 v A24'of la"1 ��e 1 *�ro V / - 'V l_ - - _ _ I'D - _ - $70. \ EPs \ STA.4n9003 4 .\ .000Af TO.2920 ./ / 6 - •4$, `d " \ IF 2410 - 0 � 1 LP STA. MSOAS k �, \`} \` \\�� / // CLE / / I \ \ 8 16 ` ��\\ _ - _ 2?7.7S, g b 0� 0�8J0 O \ �� � P28 NO, i NO. I / l \, �I- - 'a - \ ; \ 41 \ PVI STA c l^/a\, l\ `= -2a - _h�� \ - � - $7/°O 502• es t` p EL•2Cas _ 'O k ` so ' ;• \ .� / , r, \/ \ - \� \ _ 2 f'?/" ` QO\ / i `.. / ' lO � _ 1 I CCL _ \ \I $ / TF'Ib 1112 " r';/ / /\ - 22-� � / - - � - -� � -� � - � � � 0 TFIb NI3 ° t , / �s / /-� \ \ _., _ 576• ` O ( . 9-zr rol BrA d.0+w9s /4 .45 Acrae _ _ p -99 1 lr�eo B I t / l , , A I / i/ 1 I .. l r as `O I, / ss ' •`r - V - _ - - - - / -T 6_ - g // , CLE 1'ti r . g I#A'75 s:P\ I / 1 / NO. 2p5 S - 9 l6`%L p - - - - - _-\ _ _ 3 N-_ UL. - �� v � - ez TATA A A= V - - �'V� N62b.08a �aa r" UFV �- N 0 0 r, a LE N FIELD t ..- qq 9.'238_9 A RES a Bro DId,T+� La / / I5 29 9.f1 / .' TEST 'F.-_ A > V A A V _ __ - • l "�L L _" ( /�'•\. '1 I 11 'C // •� /�, � / / AMILDIN6 AREA 'r ' i - � TEST HALE 6 0.-13 Acl'06 \ !� \ GB \ V (s) GIA.x-TOFF n v -- �I STA, 9o.ru r / , 4a:J550 ACRES _ 6 -- " I WELL 2 R Trlb II v v= �ITI�I / 20, - I1 , ' „ i / `"/ / I \ //-- a `/ / =NB�f'39'8$W_ N 3-°•�7 V �'A 24'of I� I I a -��_ / , IO Pb EL.IBA1 - A i ��,� ... :,;, _- ._r - I ( '� / s _ O 06 / I / .� IEa351441 � I � A Vim\ \� ��Lq ��T , I �� /� I � �.�. � I ���,i „ ( / a �.... T1: 1. 1� _ \ STA.29 . T b _ OPEN. 5 E Ef+I l / \ LEACHING, ID Br�i ,5 I ! _ i ' I 31809 ACRES T 14EA eL•Ie.n t' 1 \i !��q (2)\uo•DIA x G2EPF4 PTFI/ 4 9.f. / /� - / 1 - ` 1 4 �Y 589°I9'53,� ` ✓ 9apT,,,pLlf=fLT.-OFGLEAf21NG, Sar roRM DRAI ooLs I .� l lel..�al GBJe 1 , 1rlb •10 , / / 1 t/ '° 0• / V , Gil GROUND ` DAM �/ Acres / �• , l - �' - DSM POND 18.29.0 TEST l m / 1 \ TG.ID,r1 7 / ( .: ' , / 1 / I I - _ .���„__.. .3491 I A 1 OLE 'I ' RIM.IB.3'I 1 - -•. A ( 1 - � / � Ivlbrfiro +� E.Hs9 2a•bB le•P€P �� r , 1 V V •, l / ' 22g• -='r - - /'___ -' � / / A \ x.21 � ,� os✓ � / U; I 1 Vuj J8y >0b \ \ I / / F P _ / n� / v Df 8�(7 -CV8 9 / ' w, ,5rw.7121gs t ( / 0/I N89 J 20- \ i ti 6 O rc•26AB I ,A v (P P � (Q 1� v LEACHING/ EL �? Of \ 1 / A., 'O RIM•26Aa rsl`lo_vlA:x 9'rIFF,derrH v LL WIG ESL 0 DUj //'r = A 1 V A A I C6 �A , �N . I -_ A�BroRM oaAlN Pp / . �j ' /; / .- l V (14) 10• 1A lo' EFF.OPP�H__ -_ -_ _ _ A I / a 1 ; A ' A II• I' N g W� 8k16 I arowJ RbINPools - T �/ �1 e� ENGINEER'S CERTIFICATION 01" Vb° l 1 (( 0 \V'AI V 1 1 1 y. - V \. L_-__ _ A v , I, / I - - q5 - - A ti �_� bA d 1 ;r Up S a> A V A R "-V� AV / A V I A V I - I� / �, . I HEREBY CERTIFY THAT THE WATER SUPPLY(5) AND/OR rd - 5EVNAGE DISPOSAL SYSTEM(S) FOR THIS PROJECT WERE yp VA I ))AVAA A VA A ` �, A IE•22�4 Le�iw,HII G FIELD SrA. IBw19T A \V,A1 •, I / j � A• 1� V � 11 , / @ DESIGNED BY ME OR UNDER MY DIRECTION BASED UPON A n � 4 •B3T V /o-/% / ,- AA V A V '' N CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND � A All - /�,.r . ' / 19To0 vR(.INNPooLd /�// / (/ \V A\ IE.1499 I `•A `ti / ., / / _ .VA „ ' �' V / '_ VI1 �. • /// 1 / - GROUNDWATER CONDITIONS, ALL LOT5, A5 PROPS - _ Oct` P X49 A` - ' `I \ ( -\ W 6, CONFORM TO THE SUFFOLK COUNTY DEPARTM D H bVA •✓n P' 1 A 1 1 SERVICES CONSTRUCTION STANDARDS IN y e16_ 1 2,4.OFIa' A%p F, A 4 v � Per• rbc I V _ / -_ - __ � / I 1 /I 'I d / - -/' V tlT DATE "V 2q °V' j ' Trlb pB 14, �.6 / �.A / I - -� \ I v\ I \ @_ __ � v 11A 1 WETLAND5 '� / , I 1 I �' 0 V ' � V •� °• / ° 1 �=~ \ � ` '- -- - A I � ,;'' / , N°� \ � vAA V 1.91 Acres / 1 \ v V '. _ resTHaLE �v 1 1 \111 , // '; 7 / �v- v % X93 vh r 1j11V' V '4= �- v A � / G •14 / / v V A _ - ' l I 1 'I ` I m• / � Q` HOWARD W YOUNG, N.Y,S. L.S. NO. 45893rr 1 A\ /A,o ' VAt I 1 aT 2 1 _ / V A / 1 I 1 ,/ / ) I _ us . h°Q THOMAS C. 1,401-PERT, NYS, PE N0. 61483 A A V � � A i / / I � aQj � IIFI 1Urj/ � q� � 2 I'V A A --o�A A 'v`A � �'lN � RI�.y9,BT 1 OPEN SPADE I v V .• La ' / I II `, r / l l - i � _ _ . b N �-�.� -121 <��� � 96� .. \V V / •A 8 ,1E.9.19 EA�h1NG FIE1 D G PARI A \ - 1 � l 1 8 (3• \y\V A VA\'VA d _� ? 2a OF le•PEr; : \ (4rro�i�xr@PrtePTH 2 . -755 AL:RES ! I V ' ti/ / l .w ' _ I / .p 1 8 7°$73E''W �'� SURVEYOR'S , \�\�\ NI O - --y . Laooz \?TORn u"^'\N POOLS I I \ ,' // �- - - - -- / .'' / \ \\ 1 , Bl W Gil CERT F GAT ON o 7 1 v �, UL - - v V - / , - V ', / I 46.53' ��� L (� � �' � 111\11 I •` �� Vv � v N� -Bv %� �>,� GB 613 '= � vAv TNG, xb A I A i / _ � /i,� /. ' �• . A ` Av 1 'il 502.54'21"W �lpgr / � tj - g TO,y;,srA.24.w� " A 1.3l Acre A / A � � �0i.. / - /�` - v `,• A '' w qS ° µ ry' p:.0 f11 N �.L p• L�VAV PO M I V N N� ��l �,° RIM 3s _ -/ . \1 \ \ Vim• _ _ . . _ _- __ - / 1 i _ _ i LIN�F WET�ANDS A5 EEslll s" � 3? 3` 2 A / IvAA l9� � iA B N.Y. NII°is V A `V ` @ / � V � Y E 5>D.EG I A 8, `� � @ � / �� s vv\V�i�. ; )AVAA O 'l• l � \\ _\ 16 ASPaALr � �� A _ - - � - - ( .. b '\O .v '°v A _ A A v \ 2.98tp p S - _ - r eL.2ea'ti, V o / PALvE�+eNty A\ AV b°4B'55''E °36' F?W -� �y6 \- \ \ HOST \\ - _ -_- -_ - _ \ 1 \\ c,� \ - \ \ $ '456u _ c\ 1 / �Pv i ��\A1 I Vv \ VJv1A µµH,4p014 v.� - v�' I_ 'I _ ' - _� 90�° match Ilne �) mOtGh ne \VARA .1\II I 11� vAAV �• A - -- A A ��•� HOWARD Al. YOUNG, N.Y.S. L5. NO. 45895' `" % j•: L�n� Fda, \ \VAV /ivA1Q1111 lI 1 \ \ / - \ __ POND `:AV A.• - H i sw 22 cei V - \ 520.88, .63 W / \ 6" // \ - - - - - � 24�� 81 O• F�,, -. ,.Vic•/ $€&� \ \\ 8800` -- \ P.n IA�E��al4ei \ 1 1 / 1 / \ - - - - - Q, \N87°08'46"W i\ 0. 5,1'190,456° '6 1.(,ISV `1% 'G�e 1 Vv r� v now 1pr1,formerly Tr1b #5 Fel and Trust \ 0 a: v v v v (V OWNER €s v;vv` 6 vvvv / v o DAY POND T Vv,�\ V�\' ,I R\11 •, Av'`,"`Ia ' �'r�' - _ ' A �5, AV .05 Acrae Incorporated V Lv z / �� s1 S 1 `VA� \ r A - _ _ �\ v_ -- _ A _ .>.. I 1 \ / / v / GO CIO EIN ERPOOL INC, 5 8�� 90 A \VA �6- I \ 1 POND4 VIII SAV _ _ � �_ - -`•, - _ I A / v` 1v I I 633 THIRD AVENUE, 17th FLOOR O n Ate ��� el V v �(> v b \ F. W N V"� NEW YORK, N.Y. 1001'7 v O O @� v.A .��V v /// A\ / ^v Av v v STA.Iwa92e j' •v / I *.' N 'p � ? • ,� 11 _ - / - _ v \ 0. rc•w.91 A l I i1. vVA ( jvAQ VP; V IRE-14.01 \ - 2 m ` i glAv,.11A SGA�,TERED_ / • /�- r a��/�oN l/ I IV �.�A / IDD R\ V AGHI FIELD F o FINAL ROAD DRAINAGE PLAN LE GB #I I STORM LRAIN POl SEA. I 9�, y �20_ _ _ ; __; At ` " ,' m COVE BEACH ESTATES 9T HOLE c� At East Marlon, Town of Southold Suffolk County, New York SHEET I OF 51000 22 3 9.1 1000 22 3 p/o 15.1 000 22 9 I5.8. I Gourot y Tax Map of,m91 1000 s°cN°° 22 el°9x 9 X91 18.8 ROAD 4 DRAINAGE PLAN N v e IN E c 6•b3 APPEG,P, AS PER TERMS alp AND CGi1Ddiim?;S OF aa OCT. 31, 2003 Ba 'PFe_U,r.T D1».'' 3�'d3/10x0/ MAP PREPARED MAY 23, 2003 @eyEs u DAiE SCALE, 0 - HarvuNexT SET 0 - NorvuNsrvT raurvo A- srsxe scr ♦- s*urs rourvo lq-14- ��� JOB NO. 1994-0942 OF 5 DWG. GOg40452_IO-19-03 Young & Young 400 N Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard W. Young, Land Sumeyor Thomas C. Wolpert, Professional Engineer R.inert C. Tast, Architect Ronald E. Pfuhl, Landscape Architect �@5qa Yi@8 HI6H POINT ELEV • 25DO H16H POINT STA • '1+00 S PVI STA • "1+00 PVI ELEV • 25.10 20.90 so' EXISTING GRADE m I-ROP05EP GRADE a1 .� •,V , - I -0.°00% 0.. _ -- - - -% _ - ._ - - - - - G # - - STA.4.00 / Sol \\ STA 044405 IE•1580 _ E 1630' GB '#4 Z N GB K2 SO-]5500 / RIM I V,1 / Q (V STA 0.4405 RIM 2250 - - / I T.G. • 31.16 IE•I5.56 E- 4.15 0 F E. • 153a' 24' OF 15" PEP ^ / U LEAC, FIELD 5 O 0.00'04'o LEACH N IELD D UWl q LEAGHIN FIELD A STORM P.IN9F001.e `STH 1 STORM RAIN POOLS DEPTH 0-PIA 14)-- IA. X .N' EFF., DEPTH z -ST M DRAIN POOLS _ - - - - ty z GB #70 ` ll d) N \A ITI °a d1 o p O � O O � O � 5TA. 13+00 rvO N rvry Nry NN ci ryN Nm Nm (W`lm (IM ryd' ry '� (mV 't Nm ry 'd' F4 It m TG=15.65 O 1 - ry N N N N N N N N N N N N N ry N R I M= 15.15 DA77/M ELEV a.o � IE=14 15 \?O. \ 0r�1 - - - PROFILE OF GOVE BEACH DRIVE SCALE: HORIZONTAL I" = 50' VERTICAL 1" = 10' LEACHI G FIELD - (&40' DIA, 9' EFF. DEPTH 1 \---- a - HI&H POINT ELEV • 25.00 576*M DRAI 1-001-5 HIGH POINT STA = '1+00 24' 1 %5" PEP g 1.000PV1 STA . '7+00 \ PVI ELEV = 25.10 PVI STA • 10+00 1 PVI ELEV • 2590 so• \ STA. 10+00 _ 3.24 #5- - -- - _ RIM?22.44 v A lecNl PROP05ED GRADE I E=18.50 U ry STA. 10 O °'°mss 7r,=.25.2 k \ - - - - - - - - - - - - -- - - - - -- - - - - RIM=22. - - - - E= 15,74 - - - - -- - -- - _ �' -- -1550A, -- EL=2 O -n - - ' AGT=23.24 1: 5TAA 00 LEAGHIl IELD G \ - RIM=2214 (STORM DRAIN PO LS EPTH I ,\ \ 05 a6o 5TA S. LEAGHINC IELD D ` ` O 5TA5To'TA. 15x00 C' TO.2524 RIM•1515 (I4) 10'01A X 9'E P.DEPTH RIM-22.14 ll STORM DRAIN PO L5 O E.Ib sO GB 06 STA 15100 j \ ` TO•1565 \ 161 ASPHALT PAVEMENT C3 mE1-1`;915 \\ \ m115 mi0 QO QdJ OIiS QN � 6 � Sl mN n1111 - r OW r (V rd'. 4U) �! � n - d v a- r r - -- - ` Nry (NN (v (m'1 NI IN my N (v rvN (dry N C41 - O - Is - (A I- PVI STA: Y \ HP EL 5.00 1 X Y Y Y X Y Y Y Y aP PROFILE OF COVE BEACH DRIVE %ttea 2i�sY ! SCALE: HORIZONTAL I" = 50' v \ VERTICAL I" = 10' 55 lid 24' OF 15" PEP ia� LOOC r ' \k00 GB #2 / I \ CB #4 C� STA. 0+44.05 STA. 4+00 \ TG=21.16 /\ TG=25.50 LEACHING FIELD A 0 s', �� EIM62o�66 RIM=22.50 E=15.56 LEACHING FIELD B (5) 10' DIA. X 10' EFF. DEPTH O STORM DRAIN POOLS a � . O (3) 10' DIA. X 9' EFF. DEPTH p W \ STORM DRAIN P001-5 W GB #I p PROPOSED ��� ENGINEER'S CERTIFICATION STA. 0+44. �k 015 - 5' SIDEWALK - / \ _ 57A. 4+ k a .,\ 7G=21.116 HEREBY CERTIFY THAT THE WATER SUPPLY(5) AND/OR SEWAGE DISPOSALER M FOR THIS PROJECT WERE \ RIM=20.616 DESIGNED ME OR UNDER MY DIRECTION, BASED UPON A n �E RIM=22. t CAREFUL AND UNDER THOROUGH STUDY OF THE SOIL, SITE AND >I 8 IE=16.210 GROUNDWATER CONDITIONS, ALL LOTS, AS PROPOS SERVICES CONSTRUCTION 5TANDARDS IN EF CT_A' THIS CONFORM TO THE SUFFOLK COUNTY DEPARTM OF HE DATE - f i-\ 20-210 � 210-61 L).400% --_ - HO^ NY5 P.E. 63, 4 c1S SURVEYOR'S CERTIFICATION 05TA: 0+00 - \ - NT EL=20� _ 24' OF 15" PEP g 0,000% V N ° \ GB #2 \ 9W , . \ sTA. 0+44.os INTERSECTION �., OF COVE BEACH DRIVE =� ' "�' 4 (MAIN ROAD (NYS 25) T.G.=21.16 `I R Mc20,(p 6 HOWARD W YOUNG, N.YS, L5. NO. 45895 LEACHING FIELD A SCALE: I" = 40' yWs _ --- - (3) 10' DIA. X 10' EFF. DEPTH - STORM DRAIN POOLS _ - __--- - --- _ - COVE BEACH FSTATE5 c/o INTERPOOL INC, se _ 635 THIRD AVENUE, I-Ith FLOOR NEW YORK, N.Y 1001'1 I 5TA 1 0+00 FINAL ROAD & DRAINAGE PLAN - _"-- _ -- - INT EL=20.90 _- _ -- COVE BEACH ESTATES = r 0 - STA. 0+44.05 At East Marlon, Town Of Southold T RIM 2066 County, New York T.7.r..=21.16.=21.16 51I1000 22 5 a.1 I.E.= 16.20 1000 22 3 C/O 15.1 1000 22 3 18.1 PLAN County Tax Map District 1000 Section 22 amu 3 lot 18.8 I � �� � \ ROAD & DRAINAGE PLAN SCALE:I" = 50' w v s n [ c 'APPRO'di' %� PZR TERMS e• 5 SAND COH➢ET fC1Js OF PERMIT i)o. I3.3'-0.!/o cco DATE IY O MAP PREPARED Or 31, 2003 epi. 5a • SCALE AS SHOWN MONUMENT SET MONUMENT FOUND A - SL c SEl A• STARE FWNO � n JOB NO. 1994 52 1 501:25 Il C0114045210-11-03 Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard W. Young, Land Surveyor NThomas C. Welpert, Professional Engineer Robert C. Tait, Architect Ronald E. Pfuhl, Landscape Architect LOW roINT ELLE. IpACF LOW roST ETA• 1 �4b PVI DTA• 1645.14502SBE PVI E. - • leaf] PROPOSED GRADE 'K- bUllKIM aj K. 2eeeT �. btlaa E.E. ti W� _ = W E DD' - - - - - g 7TA i# TO -- 1 93_ _ _ _ __ _ - 1 G=26.98 \ GB #12 RIM=26.48/ S I E=22.48 0 5TA, 19,54, RI=1951 ` 11 To' e J # RIM=1P QI - - / ,) \ a #I6 I I / - GB 7 LEACHING IELD D - - E=1x.51 \ LJ a 15«0o LEAGHI G FIELD E TL=IB 65 (12) 10'DIA 9'EPF DEPTH N RIM=IB 15 na) 10'DIA x 9'E F DEPTH STORM DRAT POOLS LEACH I G FIELD F -I �1 IE=1415 STORM DRAIN RODL5 \ I STA 7+21,8J \ 05 #QJ GB #Q GB #10 STORM OR IN POOLS �1 � 51FSSIC STA I6.SS OT STA 16.55.0'1 (a/ O'DA 10 EFF OEPTN TW=269a I I TL=10650 TL=194T TC-1541 J VA -'RI RIM=1815 RIM=1297 RIM=1291 _ M=2� 48 \ / _ E•Ia 1s IE=B9T IE=Bai \ IE=22 4 1 \ Irn an r � r � Nm v � cmo � ry0 LIN ryTt � cp upi � 43 rt- � N Nz ry `r m41 0 �9 OF OdJ LEAgHI G FIELD/H/ \ , / - W - EIJ - r _ r - � - In - 'v - '�' - n - n - � - � - � IN IN (V N n - - \ i %� - - - - - - - - - - - N WN ryN ry (�V (4) 10\ DIA X G" •i F. D P Haj P la SID ED IN N IN 24' OP 1a" �' V !i EF PEP @ ° S '22, PROFILE OF COVE BEACH DRIVE I 000�Q ti SCALE: HORIZONTAL I" = 50' VERTICAL I" = 10' v I Q I 1 NIGH POINT M1N.2 Ml ^1 Hl POINT BTA.22HUll LON MDIM MI-I•ODD36 / PJI BTA•=HII6.14 LOW POIM'DTA.24M50 \ O \ \ G # 4 / \ P BLEV•2eA49 PVI DTA-= Aa,•e,•loo rE1 MILE• 25.Tm EXISTING GRADE lO K. 14.TOD Aa.• 2400 ° r ST 24+50 PROP05ED GRADE 20GD9 TG 23 a7 I t- 50' RI�=23.5✓7 E=19.13 1 m q : s 9 \ ry ry - - - -- -- - - - - - - - - - - W IY 1V \� 6 EA�HING FIE D G � � � a � � � � - - - - - - - J / 1.200% - - 24' OF Ib" PEP 4T(0�91A\ X 7' E� FJEPTH ��- - - -=100% - 1,000% .�\ \STORM DRAkN POOLS - GB #I ✓ LEACHING FIELD H Ie'M=2,45 STA. 24+50, ^ \ \ \ - GB #13 LEACH NG FIELD G (4) 10'DIA x D'Epp DEPTH GB #16 ETA 24r5O STORM p IN POOLS STA.21,21,a RIM•2S97 5TORM OR IN POO-5 RIM=26.40 TG=23.82 „ 1 T6=23201 S97 ra) Io DIA xT'EFP.DEPTH rE'222a GBI o PVI("ST�: 24+50 \ / .05 61 RIM=2BBT EMP 15 L=23. 2 V "T V A \ LP STA: 24+50 6' ASP�4LT \ EL=23.b \ - 0 \ \ \ N N N r N N N N N N N N (.( P.AVE`L-NT \ �o o � of oLo or our �? T Inn U1dJ Qn - W Qln Q - Qr Iqn Q � Qin q - \ Ery Kn '0 't 'z 'D j m 1n m .o IN4 m 10 1z m ,6 Pr pr pEp pv' \ \ \ \\ \ rvN ryN ryN ryN ryN NN ryIN N (n`! NN N NN ryN ININWN mN m (4 mN $ 4 4 °1+� 4 + Q 4 1 \ IN ry N N IV ry N N N HP 5T\A: 22+63.49\ \ ry \ �6 \ PROFILE OF COVE BEACH DRIVE 0 EL=25.85 p \ - SCALE: HORIZONTAL I" = 50' \ V V�C� p� \V V VERTICAL 1" 10' PVI 5TA: 22+56.14 °� \ \ \E 26.05 \ \ \ CAST IRON FRAME a COVERCAMPEEL FOUNDRY, FIAT, NO..I00lGL OR APPROVED EQUAL. Rg #12/ ; ;�'i�, i,;.�,vl ems. ,m���4' I v. STA, 19+59.2a / Y11_N��HE CAST IRON FRAME t GRATE CAMPBELL __�,�, FOUNDRY, PAT. NO. 340'1 OR APPROVED \ FINISHED GRADE EQUAL. 4000 1-51 PRECAST CONCRETE bv` \ 24' fJ� a�PP ✓ \ \\ E= 14,01 / BOX AS MFG. BY BUFFOLK / ��j• GEMENT OR APPROVED EQUAL. 1.000 0 \ C \ €�-6 \ \ \ \ LEAGHIN FIELD F GROUT AROUND e \ ENTIRE PIPE 3 H GB #1 1 \ (4) 10' DIAIX 10' EFF, DEPTH \ CAST IRON FRAME t COVER TI' 1 CAMPBELL FOUNDRY, PAT \ STORM PSRAIN POOLS PRECASNO. 100"76 OR APPROVED EQUAL. 57A. 9+59.28 / R NG ASTMFS LIBBYWALL TG= I9.5 \ 1\ \ / DRAINAGE PIPE CARL50N PRECAST R APPROVED EQUAL, �2 M= CDCI \ \ ° IN 6.0 \ 4000 1-51 PRECAST CONCRETE \ PRECAST STORM U DRAIN RINGS AS TRAFFIC BEARING DOVER o � 4500 \ \ \ LgMIT OF GLEARN-6 > PRECAST OR CARLSON f \ APPROVED EQUAL. •.-4BOX AB4000 BMFREC ST COLKRETE \ \ \ \ \ \ \ \ \ �� N/D O❑❑ NITQ 00 GEMENT OR APPROVED EQUAL. 7, II TURBAN moo® 2410 \ �`•� CSBIQ-__ - ENGINEER'S CERTIFICATION \ I TA. 16+63,74 -- I HEREBY GER71FY THAT THE WATER SUPPLY(S) AND/OR 1111111 1111111 1 EL- 3-b' II \ y \ 5TA. 16+55.07 STORM WATER LEACHING GATGH BASIN "° € q� Illi,li - 111 I o LP Y�T�:/ 6 55.0 Y - , ° SIX. R h' =24, NTS PADEPTHS EPT co9BREAV RTHAN P o" 5H LL HAVE v To A GROUNDWATER CONDITIONS, ALL LOTS, AS PRDPTS E ON A n De Ilohll I;I?;11 \ l O\ _ EARTH OF v LL NOT Be DESIGNED BY ME OR UNDER MY DIRECTION. BASED UP Illy n' - ALL HnvE rvIRE CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND MIN V FETICAL o z a ALLECONORETE�To BE 261 AT e ,Arvo z SERVICES CONSTRUCTION STANDARDS IN S-• ^^V a 51 LEEDS EL=" 11=-_ CO., n MIN.COVER CONFORM TO THE SUFFOLK COUNTY DEPART FL}IIE /' - 3 5TEP5 REQUIRED WHEN O" i H \ � o ��� \ � 6 _ -- _ - o0o DAYS. DATE GO $x r - 11 ED ED o STORM WATER MANHOLE �G0 Ile,W r i' u l " . 24' F 24" PEP � 0.000% i o e. - :_;;.�"1 t NTS HOWARD W YOUNG, NY,S L5 NO 45893n �F`� 6j¢{}3 CV ��^ \ THOMAS G. WOLFERT, NY PE NO. 61463 OF^ G p9 CSSI h\P CAST IRON FRAME t GRATE CAMPBELL FOUNDRY, PAT. NO. 2511 OR APPROVED EQUAL I o TG SURVEYORS CERTIFICATION RIN-1 Of 7� A A� : A \ i/ - - �I��Uii� _ 1 V IE=b. 'i;'�11 d CAST IRON FRAME < COVER CAMPBELL ROAD DETAIL AT INLETS _. I '1111: 11,1 ,, 1 -!. 4000 PBI PRECAST CONCRETE S• _ FOUNDRY PATTERN NO. 100'16, OR N (12� �0' DXp. X: cJl � � � / ( 1I) I II(, EQUAL (ON INSPECTION POOLS ONLY) A� G L y NTS 5'rORM A7 F'!AXh�OOL,S - -. _- BOX AS MFG. BY SUFFOLK CEMENT ( OR APPROVED EQUAL. LIMIT OF GLEARI G, A`��� Vv GRA-/, N6 4 IJROW�ND `-� ' CAST IRON FRAME G GRATE HOWARD W. YOUNG, N.Y,S, L5. NO. 4589E 1 �J \ \\A A, �\ �� CAMPBELL FOUNDRY, PAT. DSTU RBANGEv A\Vv� �A \ N0. 25110R APPROVED EQUAL �D PL COVE 5EAGH ESTATES eo OWNER FINISHED GRADE c/o NTERPOOL INC esa FINISHED GRADE # 4" x 2'-e" CONCRETE DOVER SHALL 653 THIRD AVENUE, 1"7th FLOOR 3, F 13 / \ BE SET I'-O" MIN. BELOW FINISHED NEW YORK, NY 1001'1 2E'-o" 15'-D" ' 'o /- I ° \ GROUT AROUND GRADE O - 0 57A. 3+00 DRAINAGE 4000 251 PRECAST CONCRETE ENTIRE PIPE �I 1 TIG.--��'�.65 N PIPE TRAFFIC BEARING COVER �i S D° a D, RIMIa.1 FINAL ROAD S DRAINAGE PLAN SLOPE , C ET 4.15 MA% 24' OF IB" PSP O \ 4000 251 PRECAST CONCRETE ,PRECAST SOLID WALL COVE BEACH ESTATES O.O D/o BOX A5 MFG, BY SUFFOLK GEMENT OR APPROVED EQUAL, DRAINAGE PIPE RING AS MFG. BY CARLSON PRECAST 6:: f OR APPROVED EQUAL. _Dx D_Dr. At East Marlon, Town of Southold /A ' Suffolk County, New York 2' SEARING COURSE PLANO, pi (NOTE REIN Q U PRECAST STORM ° (n}� DRAIN RINGS AB 1000 22 3 9 SGALE:I' N FORCEMENT WILL NOT B5 REWIRED TO A > U MFG BY CARLSON 1000 22 3 c/o 18.1 DEPTH Or 9'-O•. UU PREGABT OR 1000 22 5 Ia.; 2.Deems GREATER THAN RCE ENT 5- HAVE WIRE APPROVED EQUAL. Gounty Tax Ma olstrmt 1000 s.ce°n 22 Block 3 Lot 10.5 4" TOPSOIL FABRIC CONCRETE REINFORCEMENT B"NITO ER 2 J 1'D 2 1/2" BINDER CUURSEFINE GRADE MIN VERTICAL WIRES - N D'T 1EX MIN DOVER ❑® GLDPE , 3 ROAD 4 DRAINAGE PLAN MAX 3 5TEP5 REQUIRED WHEN DEPTH EXCEEDS T-O" O❑� 1' STONE TED BASE COURSE 4,ALL CONCRETE TO BE 9000 251 AT 2B DAYS. "1 }' O J/9' STONE BLEND OR CRUSHED ®O® C CONCRETE AP2C.:. 1 1 ,'.9 PER TERMS AND wrvui?fv V9 OF CURB INLET GATGH BASIN a' PLR,'.). 36 �� ROAD SECTION NT5 DATE 7a ,vb3,a a=sa R� NETS STORM WATER LEACHING POOL MAP PREPARED OCT. SI, 2009 gebu NT5 3 as ❑ MONUMENT SET MONUMENT FOUND 0 STAKE SET A= STAKE FOUND -105 NO. 199OF 5 . 1 SHOWN4-0542 59g JOB N � DWG,. 60940452_10-I1-09 -- HIGH IOINT ELEV. M312 XIOH MINT STA bkolk U.166 Young & Yount NI GTA• Dw4M g g NI v o.e • 51.106 400 Ostrander Avenue, Riverhead, New York 11901 A ., An.• N ."Ot K.W.A66 631-727-2303 Lan POINT GLEN/ A.10Howard W. Young, Lend Surveyor Lar MINT 5TA • 4HOG2 loo' ThaTmas C. Wolpert, Professional Engineer PJ15TA. 4✓4) g n Robert C. Tast, Architect rv1 e - aebu Y d ygg♦ Ronald E. Pfuhl, Landscape Architect P ££o b6 io ooze d a s°h =�S, W E / \ R _ �`5 - - - - _ b a i EED T�ASZ BE w srA ..aD GB X23 LEACHING IELD M TL-5156 LEACHING FIELD N STA,4.900: (12) 10'DIA X B'E F.DEPTH LU RIM-SOBS (4) 10'DIA X 10'EFF,DEPTH TI==o .10 20 STORM DRAIN P 5 } IE-2665 STORM DRAIN P 015 RIM=2 .1 0. GB %90 D] TC-21.2D LL RIM=.B 10 ° IE=2i 10 Q L-1 Q IT - m Om Nm rm OIN Om mm Om IN .o - r .} W r0 <t O Oq a m � q ri (Q am mm vN 514 0 - vm � � rTv Qu? W, 6 0t- OI11 M mm mm mm Nm In v � mry IN Nry N � mm mm mm �i g� mm - mm LIN m `r mm mN VA]UM ELEV m [n In ( �\ -/0.0 - A G # ¢ PROFILE OF STONEY BEACH ROAD SCALE: HORIZON'IrAL I" = 50' r `E J \ �y\\ VERTICAL I" = 10' 3� \ 0 \ \� STA. 2+00 \,\ TG=31.3\5 Lan POINT MI 1 15.165 OU 0 \ \� INT.=31.01 Lar POINT 6TA. 16.abT �¢[N1=50. 5 RVI 57A. 15.la" \\ i26.8 rv1 IL.GV - 18.411 \ NP..6.46 - \ - - K •2NID15 __` Z 3 \\ \O Do' w w - - - & LLI IL - _ L000as O } \ Q ° �7o� \ GB rIa - - - - - - - _ - /-), ' 1 (� 5TA IO<722 LEAGHIN FIELD L GB #19 Z \�� RIM-BOG DIA, EFF. ETA 1952909 0 w _ '= E 26.66 STORM DRAIN POOL5 TL-2451 _ E-MRIM-al BI IE.I961 GB X20 LEACHING IELD I TO- 5, (4) 10'DIA.X 9' E F. DEPTH CB #25 / \ \\ `\ -38 LU STA 1x529 D9 LEACHING FIELD J / 0 1 Y \ - RIW3901 STORM DRAIN PO LS STA 1559M10'1 V 161951 GB X21 TO.1011 STORM DRAIN P 0-5 STA. 2+00 / I )\\� (S\\� lu (14) 1O'DIA. X l0'EFF DEPTH TG=31.35 \1'F I �7 A _� V O RIM RIM=30.85 \ .�}� U GB #22 E=26.61 - 1 - _-- \ \ �B 'TL-4- LL rc=16.11 5TA 15.9161 LEACHING FIELD N , _ _ 3�4, � v N ° "o N E-1455 -E, o ✓ tf) .o - a v, O O O m m 6 O - O � a ° O ° 7 (V m cl m m m N \ - �3• to v m .o m .o v m Om p r0 r tV t- -. l mN mm Nts (IQ Nr N 1 Nin Tv (il IN Wry N � - 6 v'� � � 516 °jp 6 n T r v v 3 1 _ O (l N N N N N N N - - - - (4) 10' DIA. X 10' EFF DEPTH \ O �? 200 ' _ 3 - STORM DRAIN POOLS �I O g Q o 4 a o Q y o 4 LEAGHIN& FIELD M - -- N m ry - 2) Io' DIA. x 8' EFF. DEPTH q PROFILE OF STONIEY BEACH ROAD STORM DRAIN POOLS \ �\ \24' OF 8" � / l SCALE: HORIZONTAL I" = ' o EP VERTICAL I" 10' 5TA. 4+50.02 000°6 I - TG=29.20 a +yv RIM=28.70 �\ IE=24.70 �� - 0 00 � t o Egg SYS LP STA: 4+30.02 m @e�z EL=29.20 \ \ \- GB q,1 < 'iaa STA 2959361 Q 9a \ T6.5 24 O ffi�"pp \ RIM=29.14 D.2'14 :L 4Epe PVI STA: 4+50 O z LEACHING FIELD K EL=28.85 30 (,t) 10'DIA X IO'EFF.DEPTH STORM OR IN POOL5 U SIB / ,36- "- -- - fVI 57A: 8+04.49 \ -38- \ \\\ m 6 O m Om H,-5TA_ N m m � r ,� -- /CIS #18 TA. 10+72.2 PROFILE OF COVE BEACH DRIVE RIGHT OF \ ( _ /TG=30.56 j SCALE: HORIZONTAL I" = 50' e WAY 526 \ O \ /� / X26 06 6 ' VERTICAL I" = 10' 4°il@ P� i' \ b� N/ / Q ENGINEER'S CERTIFICATION 4e9 L E��C H I N F ItLip Z a A, . HEREBY CERTIFY THAT THE WATER SUPPLJ AND/OR €a d SEWAGE DISPOSAL SYSTEM(5) FOR THIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A c �e FF. D �Tlr (j CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND `EYa STORM\DRAIN POLS I I I \ / / CONFORM TO THE SUFFOLK COUNTY DEPARTM {�T 1 I GROUNDWATER CONDITIONS, ALL LOTS, AS PROPOS 926A \ O CB #1 ` / _ I 24' OF Ira" \ I I l2z'- �V1 STA° l_+70'95 DATE CONSTRUCTION STANDARDS IN EF, 52ss 5x.56 �� g2� \ PEP C III T EL=18.4 - ./� }' 57A:. 2`1+05.67 0 1000% -20v i / j'- oYc''� bbn, TG= 30.24 ' I / \� \ o ° \ I I #1q LP� ` e r, \ _ A EL=18.77 / . " 1 Iv 74 V v E=25.74 ' 43 ° 5 'A. 15+�29 BTA.2W0 \ EAGHI N& F ID / O \ \ 9% /Tri=2401 `� HOWARD W. YOUNG, NYS. L.S. NO 45693n is S- Tc,Bl55 v I�iM=23.81 1 THOMAS WOLPERT, N.Y5 FENO 61463 IE=19 81 .,�CoSlp� °y \(2)\I0' DIA. X 10' EFF. gEPTH/ ' ST 50+51.75 t� d STORM DRAIN POOLS \ \ / NT EL=31.01 % \ Ge «ss a �. "� � I � SURVEYOR'S GERTIFIGATION D IE=2661 '� L y 24. . \ \ STA. . 7-7 87 IM .81 � / 1 O 4 TG= 18.77 / TURN-A-ROUND OF STONEY . BEACH ROAD \ ( o / = 19'5 / �Vl �r Is+s6 el" als 7 .2-4/0F/ Ia" PEP _ 5GALE: 1" = 40' C � EL=21. /LEACH IN&/FIELD � � / �/ / i � ?, o � / c i C /' /� _ ' /I �j^H; HOWARD W. YOUNG, NY 5. L5. NO 45B� 4 g/r nr^INSF/E� \ �(4)-IO;DIA: X 9' E�F. E EPTH L� 17'iI'fV& � L \'\. __ `t DRni xro C Ta < �: 10 YJ / cg ,Ns ORM DRAIN-PpOI�S \ C \ \r \ - S�P� 5T6s 9r /B 10'I X'10' EFF. D F[H \ x72 STYBF E.M o� 39 �TC�RMR�IN \OLS \\ \ OWNERAvj � . s/vogCN ,Qo 06.06 / \ �\ \` \ / \ \ COVOE BEACH RPOOLT AGES 39E T� 'ST NEW YORK, N Y. 1001'1 F 3r },99 qL D / / r - O�#22 \ \ '\\ \\ �I \ / \ 633 THIRD AVENUE, 1-7th FLOOR ASp �� ) s6 h90 -D.Ts6z 57A. 15+91.87 �\ / TG= 18.77 I \ i0- I B "6 RIM=18.27 \ \, \ \ / � 6 STo zp �D �a RIM=133 FINAL ROAD & DRAINAGE PLAN 9 Cft/ry6 A/ RE s i+4 sl'.vr .�'4C / l \ COVE BEACH ESTATES T�M.,�NOFpp�Dbk �W�I(/I 554 611 �P �rR At East Marlon, TOWn OF Southold �O15 F°M W T rNip3O/b ,jesq ` IO 0 ;5,7(1 ly p EN Sp �� PLAN Suffolk County, New York D q1R,,,-, G� 00 6 /°' 5GALE.1" = 50' 1000 22 3 01 0 q 1000 22 5 P/o 18.1 County Tax Map olstrlct 1000 s.ceon 22 Block 5 Lot 15.8 i 1000 22 3 18.E OPEN SPACE PARCEL A ROAD � DRAINAGE PLAN INTERSECTION OF COVE BEACH DRIVE 1$ STONEY BEACH ROAD TURN-A-ROUND OF STONEY BEACH ROAD Nt' zne APPROVE € CO;J�Ii IGNS OF fig' 5GALE: I" = 40' SCALE: I" 40' �,D ° - FGR TIIRMs ��ba rce��uz n a.a� DAIS Io03Y J MAP PREPARED OCT. 91, 2003 PEG Ppd SCALE AS SHOWN Q' - MONUMENT SET ■ MONUMENT Fourvo A - STAKE SET ♦= STAKE FOUND JOB NO. 1994 OF 5 DNS. &0940452921_10-n-09 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ®f S®U P.O. Box 1179 54375 State Route 25 ®`� ��®� Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 10, 2022 Cove Beach Estates LLC P.O. Box 250 Cold Spring,NY 10516 Re: Cove Beach Estates Subdivision Located n/o Main Road, approximately 1,000' east of Kayleigh's Court, in East Marion SCTM#1000-22.-3-18.11 through 18.23 SCTM#1000-31-4-35 & 36 Dear Property Owner: On Thursday,April 28, 2022,the Town Engineer and Town Planning Director met at the site of the subdivision referenced above with one of the lot owners, Henry Mazzoni, and Joan H. Bischoff van Heemskerck, attorney. The purpose of the meeting was to view the roadway and several examples of the deteriorated condition of the road and drainage system, and to identify the next steps towards being able to obtain a building permit for a residence to be constructed. Pursuant to Town Law §277-2 (a),the Planning Board must require that the streets and highways be of sufficient width and suitable grade to facilitate fire protection, and to provide access of firefighting equipment to buildings. Section(b) states that all streets shown on subdivision plats be suitably graded and paved; street signs, curbs, storm drains be installed in accordance with standards, specification and procedures acceptable to the appropriate town departments, or alternatively,that a performance bond or other security be furnished to the town. Town Law§277-7 states that a performance bond to cover the full cost of the road is a requirement as an alternative to fully constructing the new road. Further, Town Law §280-a states that building permits shall not be issued unless a street giving access to the proposed structure has been duly placed on a map, and the street has been suitably improved to the satisfaction of the planning board as adequate in respect to the public health, safety and general Cove Beach Estates Road Condition 2 welfare. Further, a performance bond sufficient to cover the full cost of such improvement shall be furnished to the town by the owner. Town Code §240-031 Performance Bond, states that a performance bond is posted by the applicant to guarantee to the Town that he/she will faithfully construct or cause to be constructed the required public improvements which were an integral part of the approved final plat. This applies to roads being provided as access to building lots, even when proposed to remain privately owned. The initial bond amount of$705,710 was calculated in 2004. The applicant notified the Town in 2008 that the drainage, curbs and work up until the first lift of asphalt were completed and requested a reduction in the bond amount. This request was granted and the bond was reduced to $186,318. It has been fourteen years since this bond reduction. During this time the lots remained undeveloped and the condition of the road has deteriorated. It is unsafe to allow building to commence on any houses until the road is brought up to Town highway specifications. In addition, the performance bond amount must be re-evaluated to today's costs. According to the Town Engineer, the road system constructed for the Cove Beach Estates subdivision has significantly deteriorated. Portions of the asphalt road have completely broken up, exposed sections of it measure significantly less than the required 2.5"thickness of asphalt binder course and other sections are heavily impacted by vegetation growing through the asphalt surface. The majority of the leaching pools that constitute the drainage system are buried below grade and cannot be inspected to determine their condition. At this point the road system cannot be repaired, it must be completely re-built. For building permits to be issued on any of the subdivision lots, the following must be done: 1) Establish a revised Performance Bond to cover the necessary work to reconstruct the road based on up-to-date unit pricing. 2) Schedule a pre-construction meeting with the Town Engineer prior to any work being initiated. 3) Ensure that all concrete monuments delineating the boundaries of the road right-of-ways are installed and flagged for inspection. 4) Locate and bring to grade all leaching pool clean out covers so that the structures can be inspected and their condition assessed. 5) Completely remove the existing curbing, road asphalt and road base material. 6) Ensure that all underground utilities are intact and functioning prior to rebuilding the roads. 7) Compact the road sub-grade as necessary. 8) Place and thoroughly compact the Recycled Concrete Aggregate (RCA) or stone blend road base. If RCA is to be used it must be NYSDOT Specification RCA. Cove Beach Estates Road Condition 3 9) Place the asphalt binder course. 10)Obtain certification from the East Marion Fire District that the four fire wells are properly installed and functioning. Once the new performance bond has been submitted and the road has been reconstructed to the first lift of asphalt and all items in the list above have been completed, building permits will be allowed to be issued. Please contact the Planning Department at(631)765-1938 or the Town Engineer at(631)765-1560 with any questions. Sincerely, Donald J. Wilcenski, Chairman cc: Michael Verity, Chief Building Inspector Amanda Nunemaker, Plans Examiner Henry Mazzoni Joan H. Bischoff van Heemskerck All owners of land in the Cove Beach Estates Subdivision et lfi PLANNING BOARD MEMBER ��SUFF01,tc JERILYN B.WOODHOUSE P.O. Box 1179 Chair ` Town Hall, 53095 State Route 25 o Southold, New York 11971-0959 RICHARD CAGGIANO N7 ® Telephone 76 -3136 38 �'VILLL'�I J.CREDIERS � Fax('631) 765-3136 KENNETH L.EDWARDS AI R.TIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 15, 2004 Elizabeth A. Neville, Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Proposed Major Subdivision Cove Beach Estates Located on the north side of NYS Route 25,1000' east of Kayleigh's Court, in East Marion SCTNI#1000-22-3-9.1,18.1, 18.7 & 18.8 Zone: R-80 Dear Ms. Neville: The Southold Town Planning Board, at a meeting held on Monday, June 14, 2004, adopted the following resolutions: WHEREAS, the applicant proposes to subdivide a 104.40 acre parcel into 12 lots; and WHEREAS, the parcel is subject to a 1995 Conservation Easement, dated December 29, 1995, filed with the Clerk of Suffolk County in Liber D00011756, Page 282; and WHEREAS, the parcel is subject to an Amendment to the 1995 Conservation Easement, dated December 18, 1996, filed with the Clerk of Suffolk County in Liber D00011808, Page 661; and WHEREAS, the parcel is subject to a 1997 Conservation Easement, dated December 29, 1997, filed with the Clerk of Suffolk County in Liber D00011869, Page 975; and WHEREAS, an Amendment of the1997 Conservation Easement was filed on April 9, 2004 with the Clerk of Suffolk County in Liber D00012312, Page 663; and WHEREAS, the Conservation Easements limit the total number of residential lots to 12; and WHEREAS, on May 10, 2004, the Southold Town Planning Board granted conditional preliminary approval on the plat, dated & last revised September 22, 2003; and WHEREAS, the Suffolk County Department of Health granted approval of the action on December 31, 2003; and a Cove Beach Estates— Page Two — 6/15/04 WHEREAS, On December 13, 2003, the New York Department of Environmental Conservation issued Permit No. 1-4738-03150/00001 shown on the Road and.Drainage Plan, dated as revised May 23, 2003; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and WHEREAS, pursuant to A106-24E of the Southold Town Code, the Planning Board deemathe final plat to be in substantial agreement with the preliminary plat approved and modified in accordance with requirements of such approval, therefore, the Planning Board waives the requirements for a final public hearing; be it therefore RESOLVED, that the Southold Town Planning Board accept the UBS AG Letter of Credit No. Y034116 in the amount $705,710.00 and administration fee in the amount of$42,342.60 and recommend same to the Town of Southold Town Board; and be it further RESOLVED, that the Southold Town Planning Boacd grant final approval on the plat dated as revised September 22, 2003, and the Road and Drainage Plan, dated as revised May 23, 2003, and authorize the Chairpeeson to endorse the final plat subject to the fulfillment of the following conditions: 1. The acceptance of the Letter of Credit No. Y034116 by the Town of Southold Town Board. 2. The filing of the final Road Maintenance "Declaration" with the Office of the Clerk of Suffolk County and upon filing, the recording of the liber and page numbers upon the final plat. The mylar maps, which will be endorsed by the Chairperson as noted above, must be picked up at this office and filed in the Office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval (Chairperson endorsement) shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, �eril�oodhouse Chairperson encl. cc: Melissa Spiro, Land Preservation Coordinator Michael Verity, Chief Building Inspector Tax Assessors 1111111 IIS IIIII IIIII IIIII VIII VIII VIII VIII IIII IIII l 111111 IIIII IIIII IIII Ifll SUFFOLK COUNTY CLERK f RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 06/23/2004 Number of Pages: 13 At: 02 :58 :57 PM Receipt Number : 04-0070928 LIBER: D00012326 PAGE : 677 + District: Section: Block: Lot: 1000 022 . 00 03 .30 009. 001 EXAMINED AND CHARGED AS FOLLOWS i Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $39 .00 NO Handling $5 . 00 NO COE $5 .00 NO NYS SRCHG $15 . 00 NO TP-584 $0 . 00 NO Notation $0 .00 NO Cert.Copies $8 .45 NO RPT $90 . 00 NO SCTM $0 . 00 NO Fees Paid $162 .45 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County jIr 1VumJei Of pd�Es f p = .. G& TORRENS XLL Serial ?! cePntlCdie-Lr E _ Ic,r Deed/i\Iortgagz Instrwnent Deed/Mortgage Tax Stamp Recording!Filing Stamps d FEES Page/Filing Fee ` Nfortzage Amt. Handling 1. Basic Tax TP-584 _ 2.Additional Tax NOtak-ll Sub Total Ek-52 i? (Counrti) Sub Total Spec./Assit. Or EA-5217 (State.) � Spec.:Add. R.P.T.S..A. --- rS��fr; TOT. bITG. Tn i'S l Dual Town Dual County Camra. of Ed. 0 00 `: ! Held for Apportionment s Affidavit ,r .., ' v "�, __ ,�r Transfer Ta.. _ I �r "1�e�9NO,NOEfe Czrtified Copl' Mansion Tax _ The property covered b}this mortgage is or Py Reg,Co - will be improved 'by a one or rico family 5 Sub Total dwellinonly. 0 YE Other i✓� ` j y S or 1,10 GRAND TOTAL I If NO, see appropria.e tax clause on page 9 r afthis ittstrwnznt. Real Property Tax Service Agency Verification 6 ComtnunitY F'reszrv'ati0n Fund Dist. Section 1 B lock Lot Consideration Amount S— _ P. Staalp lid 1000 02200 0300 009001 i•7, CPF Tax Dui S n 1 1000 02200 0300 018007 9 Date P T 5 1000 02200 0300 018008 18' iimoroved z (FP CFE 1000 02200 0300 018010 Initials 23-JUN-04. "vacant Land ------------ �_f x Satisfactictis �Isc�i tree; erefis�szisrProperry �rrers rrarnrrg address e TD RECORD & RETURN TO: TO Charles R. Cuddy, Esq. TD P.O. Box 1547 445 Griffing Ave. Riverhead, NY 11901 AS 'Title Company 111foraflat€oaa Co. Name Title d Siutff ilk County Recordinor & Endorsement Pau, flhis page forn-is part oftheattached RO.AD IIAINTENANCE DECLARATION made by: (SPECIFY T-iTE OF INSTRL iVlENT) Cove beach Estates, LLC and - The premises herein is situated in Ocean Point Development Corp. SUFFOLK COUNTY,NEW YOWL TO In the Township of Southold In the VILLAGE or I-D�NILET of East Marion L'OXL' 5 P4RT i 9 NF, i.CT RF nD DDtr =n rnr n. ,, -- ---- - ROAD MAINTENANCE DECLARATION THIS Declaration ("Reclaration") is made this 14"i day of June, 2004, by Cove Beach Estates, LLC having an office at 90 Park Avenue, Suite 1714,New York, NY 100161 hereinafter referred to as "Declarant," and by Ocean Point Development Corp_ having an office at 90 Park Avenue, Suite 1714, New York, NY 10016 as owner of the road-which services the 5 lot subdivision adjoining the Cove Beach Estates land. WHEREAS, the Declarant is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000, Section 22, Block 3, and Lots 9.1 and 18-7, 18,8 which parcel is described,at Schedule A, and Ocean Point Development Corp. is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000 Section 22 Block 3 Lot 18.1 which parcel conpects the Cove Beach Estates parcels to five(5) existing subdivided lots, which lots are known and designated on the Suffolk County Tax Map as District 1000 Section 22 Block 3 Lots 3, 28, 29, 30 and 31, and WHEREAS, Declarant has made an application to subdivide the Cove Beach real property (Parcel A) into twelve (12) lots, as shown on the subdivision map of Cove Beach Estates, LLC prepared by Young & Young and last dated October 31, 2003, and WHEREAS, Declarant desires to provide for maintenance and management of the roadway which provides ingress and egress to the twelve (12) Cove Beach subdivision lots and with the Ocean Point Development Corp. parcel will provide access to the adjoining five (5) lot subdivision on the west, (together referred to as the "subdivision lots"), NOW,THEREFORE, for purposes of carrying out the intentions above expressed and in consideration of the foregoing recitals, the Declarant hereby covenants and agrees that the subdivision lots shall hereafter be subject to the covenants and restrictions as herein cited. All the provisions of this Declaration shall operate as covenants running with the land and shall be binding upon all purchasers and holders of the subdivision lots, their heir, successors and assigns, to wit: A. ROAD DESIGN AND CONSTRUCTION The Cove Beach subdivision roads shall be located as shown on the subdivision map and shall be paved to a width of 16 feet and run a distance of approximately 5,000 feet. Title to the roads known as Cove Beach Drive and Stoney Beach Road, shall remain with Cove Beach Estates, Page 1 of LLC its successors or assigns with its use subject to this Declaration, and title to the road known as Stoney Beach Road Extension shall remain with Ocean Point Development Corp. its successors or assigns subject to this Declaration. Together Cove Beach Drive, Stoney Beach Road and Stoney Beach Road Extension shall herein be referred to as "the roads". B. MAINTENANCE AND MANAGEMENT OF ROADS L The owners of each of the subdivision lots hereby covenant and agree that Cove Beach Estates, LLC (hereinafter referred to as Cove Beach Estate's) through its agent with the agent being designated in writing by Cove Beach Estates, and with the initial agent being Enzo Morabito, shall manage, administer, maintain and operate the subdivision roads in accordance with the provisions of this Declaration. Cove Beach Estates through its agent hereby agrees to provide year-round management,ofthe road as a right-of-way in accordancie with normal, customary and responsible management practices, which practices includelbut are not limited to: a. The routine maintenance of the roads, including but no united to, litter collection, snow removal and repair of the pavement as necessary to keep the road in good working order. b. The use of agents, subcontractors or employees deenteo`bv Cove Beach Estates to be reasonably necessary to carry out its responsibilities under this Declalration. 2. Cove Beach Estates agrees to maintain in effect at all times a policy of public liability insurance having a face amount of not less than $1,000,000. All costs for such insurance shall be considered as part of the Management Costs as stated in Paragraplt,, C, below. 3. In addition to the insurance provided above, Cove Beach Estates shall be named an additional insured on individual homeowner policies for each of the lots, and each homeowner shall maintain liability insurance of not less than $1,000,000. C. MANAGEMENT COSTS 1. Cove Beach Estates, through its agent, in its sole discretionl, shall: a. Prepare an annual budget and except as to Lots 11 and ll2 apportion to the subdivision lot owners an equal share of the costs of managing the road on a yearly basis (hereinafter referred to as "Maintenance Costs") including, but not limited�o, the costs of a administration, taxes, insurance, maintenance, repair, and reserve fund f* All maintenance costs shall be paid within thirty(30) days of the mailing of the "Maintenance Costs" statement. Owners of lots 11 and 12 shall each pay 25% of a share as assessed to the fifteen (15) lots owners. Page 2 of 6 ' 0 b. Maintain a"Reserve Fund" for extraordinary repair and replacement of the roads. Money for the Reserve Fund shall be held and accounted for separately from the general funds- The Annual Reserve Fund fee for each lot shall be computed by totaling the estimated payments from each of the Lot Owners necessary to reach the amount necessary to replace the road over a.fifteen (15)year period. Likewise the owners of lots 1 I and 12 shall each pay 25% of one . (1) share. b. In the event that unforeseen extraordinary expenses arise and sufficient funds are not available in the above described Reserve Fund, Cove Beach Estates may recommend a special assessment which must be approved by a simple majority of all Lot Owners. All Lot Owners so assessed shall be obligated to promptly pay the amount of the Special Assessment to Cove Beach Estates. D.TAX ASSESSMENT a. In the event the roads are assessed by the Town of Southold and real property taxes are required to be paid thereon it is understood and agreed that the real property tax for the roads will be apportioned among the lot owners and included in the tax bill for each lot. In addition Cove Beach Estates, LLC will request that the road tax be apportioned among the subdivision lots equally except to lots I I and 12 which should be assessed only 1/4(25%) each of the share of the tax attributed to the other(15) lots. E. PERMITTED AND PROHIBITED USES 1. Declarant hereby declares that the roads shall be used by the Lot Owners, their guests and invitees subject to the following restrictions- a. When installing, maintaining, or otherwise servicing utility and service lines, Lot Owners shall have their respective agents, employees, contractors and subcontractors, and other representatives (i) use reasonable care not to damage the road; (ii) minimize the disturbance of shrubbery or other vegetation along the road; and (iii) upon completion of repair or maintenance, restore the road substantially to the same condition as existed at the time of commencement of the work. b- The road shall not be used for the dumping or abandoning of any solid waste or debris on or along its length. c. No construction or installation of any structures of any kind, permanent or otherwise (including, but not limited to, gates), maybe made without prior written consent of Cove Beach Estates. Page 3 of 6 d. No construction or installation of any structures and/or landscaping which serve to impede sight lines along, entering upon, or existing from the road may be made. e. No alternation or modification of the road, once constructed,will be permitted without prior written.consent of Cove Beach Estates. I F.TERMS OF PAYMENT L All Maintenance Costs, Reserve Fund fees, and Special Assessments as detailed above shall be billed to the Lot Owners in their proportionate share and shall be required to be paid within thirty(30) days after the date of the"Maintenance Costs" statement is mailed by Cove Beach Estates- 2. The Lot Owners shall comply with the terns of this Declaration. In the event that any Lot Owners fails to comply with the terms set forth herein within thirty (30) days after notice of violation is given by Cove Beach Estates, then Cove Beach Estates shall have the right and power to enforce by any action or proceeding at law or in equity, all the terms of this Declaration including but not limited to obtaining a judgment for the sum owing including costs and reasonable attorneys' fee to collect the sum or sums owing. G. AMENDMENT This Declaration may be amended by Declarant, its successors or assigns only upon approval ofthe Planning Board of the Town of Southold and the office of the Attorney General of the State of New York- H. MISCELLANEOUS L ffany section, subsection, paragraph, clause, phrase, or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 2. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein, and they are deemed to be incorporated herein and made a part hereof as though fully set forth. 3- The within Declaration shall run with the land and shall be binding upon the Declarant, his heirs, successors and assigns, and upon all persons or entities claiming under them; Page 4 of 6 and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises. 4. All notices required under this Declaration shall be mailed to the Lot Owners' addresses rather than to the property addresses unless other arrangements have been made by the i Lot Owner. Notice shall be deemed effective when mailed. 5. In the event that the Declarant is no longer in title to any portion of the subdivision, { then the owner of Lot No. I on the subdivision map shall thereafter be responsible for retaining an agent to manage, administer, maintain and operate the subdivision roads in accordance with the provisions of this Declaration. IN WITNESS WHEREOF, the Declarant has executed this Declaration the day and _year first above written. ' cclaran� t.Love Beach Estates, LLC B /�- oulSj eveen/Ivlember J ° 1 Declarant:/Ocean Point Development Corp. e•te Witteveen,Tresident STATE OF NEW YORK ) ss-: COUNTY OF SUFFOLK ) On the f day of ri, 2004, before me, the undersigned, personally appeared Raoul J. Witteveen, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that Page 5 of 6 he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. { Notary Public I j HAR NatarY Publicstave at,yew York No.5872225 J STATE OF NEW YORK ) Quaffled in Suffolk County Commission Expires December 31,20!tL )Ss-1 COUNTY OF SUFFOLK ) r. } STATE OF NEW YORK ss.: County of Suffolk 1{ I, EDWARD P. ROMAINE,Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County(said Court being a Court of Record)DO HEREBY CERTIFY that I have compared the annexed copy of and that it is a just and true copy of such original and f of the whole thereof. i IN TESTIMONY WHEREOF,I have hereunto set hand and affixed the seal of said County and Court this ,�2�/C rp day of . . . . . . . . . . . . . . . . . . . .. .. . .... Clerk. Form No. 104 ' cdll� 12-109..12/agm Page 6 of 6 SCHEDULE "A" ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AMD BEIIIG AT EAST MARION, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YOPY BEING j MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: .I BEGII3NING AT A POINT ON THE NORTHEASTERLY SIDE OF MAIN ROAD AT THE SOUTH WEST _ 9d CORNER OF THE PREMISES .ABOUT TO BE DESCRIBED HEREIN; SAID POINT BEING ALSO INTERSECTED BY THE SOUTH WEST. CORNER OF THE PREMISES ABOUT TO BE DESCRIBED HEREIN ASID THE SOUTH EAST .CORNER OF LANDNowOR FORMERLY OF FRANK R_ RUSSEL AND OTHERS; 1 RUNTNING THENCE FROM SAID POINT OR PLACE OF BEGINNING ALONG LAND OF FRANK R_ RUSSEL AND OTHERS THE FOLLOWING FOUR (4) COURSES AND DISTANCES: 1. NORTH 23 DEGREES 22 MINUTES 16 SECONDS WEST 211.37 FEET; 2 . SOUTH 60 DEGREES 31 MINUTES 44 SECONDS WEST 27.55 FEET; 3 . NORTH 25 DEGREES 15 MINUTES 16 SECONDS WEST 402.42 FEET; 4 . SOUTH 72 DEGREES 32 MINUTES 04 SECONDS WEST 52 .24 FEET TO LAND NOW OR FORMERLY OF RONALD JR. AND BARBARA EDEEN; RUNNING THENCE ALONG SAID LAND THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1. SOUTH 77 DEGREES 58 MINUTES 14 SECONDS WEST 155.85 FEET; 2. SOUTH 74 DEGREES 31 MINUTES 54 SECONDS WEST 59.26 FEET TO LAND NOW OR FORMERLY OF FRANK E. BEGORA JR. AND IRIS R. BEGORA; RUNNING THENCE ALONG LAND NOW OR FORMERLY OF FRANK E. BEGORA JR. AND IRIS R. BEGORA THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1. SOUTH 78 DEGREES 29 MINUTES 54 SECONDS WEST 295.42 FEET; 2. SOUTH 27 DEGREES 28 MINUTES 06 SECONDS EAST 11.58 FEET TO LAND NOW OR FORMERLY OF MYRON BROWN; RUNNING THENCE ALONG LAND OF MYRON BROWN, SOUTH 76 DEGREES 28 MINUTES 04 SECONDS WEST 180.74 FEET TO LAND NOW OR FORMERLY OF JOHN AND LUZ PSAROUDAKIS; 1. RUNNING THENCE ALONG LAND OF JOHN AND LUZ PSAROUDAKIS AND LAND NOW OR FORMERLY OF DOROTHY E. COOK, NORTH 24 DEGREES OS MINUTES 36 SECONDS WEST 180.93 FEET; THENCE STILL ALONG LAND NOW OR FORMERLY PSAROUDAKIS SOUTH 65 DEGREES 14 MINUTES 14 SECONDS WEST 149.91 FEET TO THE EASTERLY SIDE OF KAYLEIGH'S COURT THENCE ALONG THE EASTERLY SIDE OF KAYLEIGH'S COURT AND ALONG L'RND NOW OR FORMERLY SINATRA 974.50 FEET I THENCE ALONG LAND NOW OR FORMERLY COTRONE THE FOLLOWING (2) COURSES AND 7 DISTANCES: j 1_ NORTH 24 DEGREES 41 MINUTES 16 SECONDS WEST 196.87 FEET i 2. SOUTH 44 DEGREES 10 MINUTES 44 SECONDS WEST 79.47 FEET TO LAND NOW OR � FORMERLY PAPAZAHAIZ2ON I THENCE ALONG LAST MENTIONED LANDS AND LAND OF CARMELL AND SEP.EMETIS THE FOLLOWING (8) COURSES AND DISTANCES: 9 .I 1- NORTH 25 DEGREES 17 MINUTES16SECTION WEST 21.36 FEET 2 . NORTH 44 DEGREES 10 MINUTES 44 SECTION EAST 79.80 FEET 3 . NORTH 24 DEGREES O1 MINUTES 26 SECTION WEST 89.15 FEET 4. NORTH 23 DEGREES 38 MINUTES 36 SECTION WEST 225.46 FEET 5. NORTH 24 DEGREES 51 MINUTES 36 SECTION WEST 126.14 FEET 6. NORTH 23 DEGREES 34 MINUTES 16 SECTION WEST 151.92 FEET 7. NORTH 24 DEGREES 10 MINUTES 10 SECTION WEST 99.97 FEET 8. NORTH 26 DEGREES 22 MINUTES 46 SECTION WEST 174.98 FEET TO LAND NOW OR FORMERLY G_ARVEY THENCE NORTHEASTERLY ALONG LAND GARVEY AND LAND NOW OR FORMERLY OCEAN POINT DEVELOPMENT CORP. THE FOLLOWING (2) COURSES AND DISTANCES: 1. NORTH 62 DEGREES 11 MINUTES 16 SECTION EAST 149.09 FEET - 2. NORTH 61 DEGREES 16 MINUTES 04 SECTION EAST 167.63 FEET TO LAND NOW OR FORMERLY NFRE DEVELOPMENT CORP. - RUNNING THENCE ALONG LAND NOW OR FORMERLY NFRE DEVELOPMENT CORP. THE FOLLOWING TEN (10) COURSES AND DISTANCES: 1. SOUTH 25 DEGREES 31 MINUTES 36 SECONDS EAST 836.45 FEET; 2. NORTH 65 DEGREES 47 MINUTES 54 SECONDS EAST 288 FEET; 3 . NORTH 24 DEGREES 12 MINUTES 06 SECONDS WEST 176.10 FEET; 4. NORTH 24 DEGREES 38. MINUTES 46 SECONDS WEST 113 .47 FEET; 5_ NORTH 23 DEGREES 32 MINUTES 39SECONDSWEST 110.05 FEET; 6. NORTH 25 DEGREES 39 MINUTES 46 SECONDS WEST 101.00 FEET; 2 f { 7. -NORTH 23 DEGREES 04 MINUTES 56 SECONDS WEST 88 .65 FEET; S. NORTH 26 DEGREES 21 MINUTES 26 SECONDS WEST 100.90 FEET; .9- NORTH 28 DEGREES 49 MINUTES 16 SECONDS WEST 101.34 FEET; 10. NORTH 33 DEGREES 26 MINUTES 56 SECONDS WEST 68 .56 FEET TO OTHER LAND NOW OR FORMERLY OF OCEAN POINT DEVELOPMENT CORP. ; THENCE ALONG SAID LJA20 1. NORTH 61 DEGREES 22 'MINUTES 14 SECONDS EAST 97. 62 FEET; THENCE NORTHERLY ALONG LAND NOW OR FORMERLY OCEAN POINT DEVELOPMENT CORP_ THE FOLLOWING (7) COURSES AND DISTANCES: 1. NORTH 24 DEGREES 21 MINUTES 26 SECTION WEST 46.62 FEET 2 . THENCE NORTHERLY ALONG AN ARC OF A CURVE BEARING TO THE RIGHT HAVING A F_A.DIUS OF 425.00 FEET A LENGTH OF 208.23 FEET; 3 . NORTH 24 DEGREES <21 MINUTES 26 SECTION WEST 508.06 FEET 4. THENCE WESTERLY ALONG AN ARC OF A CURVEY BEARING TO THE LEFT HAVING A RADIUS OF 25-00 FEET A LENGTH OF 34.83 FEET 5- ALONG NORTHERLY ALONG AN ARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 60-00 FEET A LENGTH OF 224.42 FEET 6_ NORTH 45 DEGREES 03 MINUTES 26 SECTION WEST 16.60 FEET 7- NORTH 02 DEGREES 48 MINUTES 04 SECTION EAST 527.67 FEET TO THE APPROXIMATE HIGH WATER MARK OF LONG ISLAND SOUND THENCE SOUTHWESTERLY ALONG THE APPROXIMATE HIGH- WATER MARK OF LONG ISLASID SOUND THE FOLLOWING TIE LINE COURSES AND DISTANCES THENCE ALONG SAID HIGH WATER MARK OF THE LONG ISLAND SOUND THE FOLLOWING 15 TIE LINE COURSES AND DISTANCES: 1. SOUTH 83 DEGREES 14 MINUTES 46 SECONDS EAST 28 .26 FEET; 2 . SOUTH 62 DEGREES 51 MINUTES 09 SECONDS EAST 201.55 FEET; 3 . SOUTH 13 DEGREES 33 MINUTES 58 SECONDS EAST 39.20 FEET; 4_ SOUTH 44 DEGREES 23 MINUTES 15 SECONDS EAST 85-69 FEET; 5- SOUTH 35 DEGREES 17 MINUTES 27 SECONDS EAST 447.02 FEET; 3 I G. SOUTH 54 DEGREES 42 MINUTES 50 SECONDS EAST 142.20 FEET; 1 7. SOUTH 61 DEGREES 51 MINUTES 04 SECONDS EAST 142.79 FEET; 8 . SOUTH 67 DEGREES 52 MINUTES 44 SECONDS EAST 167.49 FEET; i 9. SOUTH 73 DEGREES 20 MINUTES 32 SECONDS EAST 501.35 FEET; 10. SOUTH 70 DEGREES 23 MINUTES 39 SECONDS EAST 215.43 FEET; 11. SOUTH 73 DEGREES 28 MINUTES 00 SECONDS EAST 227.73 FEET; 12. SOUTH 71 DEGREES 06 MINUTES 21 SECONDS EAST 210.19 FEET; 13 . SOUTH 82 DEGREES 49 MINUTES 39 SECONDS EAST 69.50 FEET; 14. SOUTH 76 DEGREES 56 MINUTES 14 SECONDS EAST 108-12 FEET; 15 - SOUTH 81 DEGREES 51 MINUTES 42 SECONDS EAST 321-20 FEET TO LAND NOW OR { FORMERLY OF ROBERT W. AND DAVID GILLESPIE; THENCE ALONG SAID LAND, SOUTH 06 DEGREES 24 MINUTES 34 SECONDS WEST 199.78 FEET TO DAM POND; THENCE ALONG DAM POND THE FOLLOWING 33 COURSES AND DISTANCES: 1. SOUTH 89 DEGREES 19 MINUTES 53 SECONDS WEST 73 .93 FEET; 2- NORTH 75 DEGREES 37 MINUTES 52 SECONDS WEST 48 .78 FEET; 3 - NORTH 87 DEGREES 59 MINUTES 45 SECONDS WEST 58 .54 FEET; 4. NORTH 89 DEGREES 33 MINUTES 38 SECONDS WEST 37.38 FEET; S. NORTH 63 DEGREES 46 MINUTES 47 SECONDS WEST 46.02 FEET; 6. NORTH 85 DEGREES 42 MINUTES 49 SECONDS WEST 63 .84 FEET; 7. NORTH 66 DEGREES 04 MINUTES 49 SECONDS WEST 28.08 FEET; 8. SOUTH 33 DEGREES 57 MINUTES 52 SECONDS EAST 180 .87 FEET; 9. SOUTH 18 DEGREES 42 MINUTES 02 SECONDS EAST 110.06 FEET; 10 . NORTH 89 DEGREES 10 MINUTES 25 SECONDS EAST 85.79 FEET;. 11. SOUTH 38 DEGREES 23 MINUTES 13 SECONDS EAST 81.33 FEET; 12 . SOUTH 24 DEGREES 16 MINUTES 05 SECONDS EAST 73 .11 FEET; 4 13. SOUTH 51 DEGREES 10 MINUTES 48 SECONDS WEST 49.25 .FEET; i� 14- SOUTH 32 DEGREES 39 MINUTES 33 SECONDS EAST 56.55 FEET; I 15. SOUTH 26 DEGREES 04 MINUTES 43 SECONDS WEST 53 -12 FEET; ii. 16. SOUTH 82 DEGREES 54 MINUTES 21 SECONDS WEST 46.53 FEET; i ,I 17_ NORTH 77 DEC-REES 57 MINUTES 30' SECONDS WEST 146.19 FEET; 18. SOUTH 63 DEGREES 05 MINUTES 10 SECONDS WEST 64.66 FEET; 19- SOUTH 4 DEGREES 56 MINUTES 12 SECONDS WEST 73 .36 FEET; 20, SOUTH 23 DEGREES 18 MINUTES 55 SECONDS EAST 58-90 FEET; j 21. SOUTH 55 DEGREES 48 MINUTES 53 SECONDS EAST 32.68 FEET; 22. NORTH 86 DEGREES 48 MINUTES 55 SECONDS EAST 82 .98 FEET; I' 23 . SOUTH 75 DEGREES 54 MINUTES 56 SECONDS EAST 68 .06 FEET; 24- NORTH 55 DEGREES 39 MINUTES 06 SECONDS EAST 61.71 FEET; 25. NORTH 14 DEGREES 48 MINUTES 34 SECONDS EAST 92.74 FEET; 26_ NORTH 53 DEGREES 31 MINUTES 16 SECONDS EAST 24.33 FEET; 27_ SOUTH 7 DEGREES 39 MINUTES 07 SECONDS EAST 31.57 FEET; 28_ SOUTH 11 DEGREES 06 MINUTES 27 SECONDS WEST 49.53 FEET; 29. SOUTH 19 DEGREES 55 MINUTES 03 SECONDS EAST 106.82 FEET; 30 . SOUTH 56 DEGREES 03 MINUTES 02 SECONDS WEST 48 .86 FEET; 31- SOUTH 77 DEGREES 01 MINUTES 56 SECONDS WEST 61.30 FEET; 22. SOUTH 79 DEGREES 24 MINUTES 50 SECONDS WEST 79.63 FEET; 33 . SOUTH 16 DEGREES 48 MINUTES 29 SECONDS WEST 20 .47 FEET TO LADID NOW OR FORMERLY OF JOSEPH FREDERICK GAZZA; THENCE ALONG SAID LAND THE FOLLOWING TWO COURSES. AND DISTANCES: 1. NORTH 87 DEGREES 08 MINUTES 46 SECONDS WEST 103 .77 FEET; 2 . NORTH 00 DEGREES 35 MINUTES 14 SECONDS EAST 9 FEET; 5 1 THENCE STILL ALONG LAND OF GAZZA ASID LAND NOW OR FORMERLY OF BERNICE LETTIERI, { NORTH 89 DEGREES 05 MINUTES 36 SECONDS WEST 450.01 FEET; r THENCE ALONG SAID LAND OF LETTIERI AND OTHER LAND OF JOSEPH FREDERICK GAZZA, j SOUTH 89 DEGREES 43 MINUTES 34 SECONDS WEST 520-88 FEET; l THENCE STILL ALONG SAID LAND OF GAZZA, SOUTH 25 DEGREES 30 MINUTES 6 SECONDS j EAST 608.15 FEET TO LAND NOW OR FORMERLY OF ANDREW LETTIRRI; 1J THENCE ALONG SAID LAND OF LETTIERI THE FOLLOWING EIGHT (8) COURSES AND DISTANCES: & 1. NORTH 61 DEGREES 12 MINUTES 16 SECONDS WEST 312.90 FEET; s 2. SOUTH 32 DEGREES 12 MINUTES 06 SECONDS EAST 144-10 FEET; 3 . SOUTH 27 DEGREES 10 MINUTES 36 SECONDS EAST 71.14 FEET; 4. SOUTH 27 DEGREES 49 MINUTES 46 SECONDS EAST 111.96 FEET; 5. SOUTH 25 DEGREES 15 MINUTES 36 SECONDS EAST 598 .78 FEET; SE 6. SOUTH 26 DEGREES 45 MINUTES 36 SECONDS EAST 387 .32 ,FEET; 7. NORTH 63 DEGREES 01 MINUTES 44 SECONDS EAST 23 .10 FEET; S . SOUTH 25 DEGREES 30 MINUTES 16 SECONDS EAST 242 .90 FEET TO THE NORTHWEST SIDE OF MAIN ROAD; RUNNING THENCE ALONG THE NORTHWEST SIDE OF MAIN ROAD, SOUTH 83 DEGREES 03 MINUTES 14 SECONDS WEST 86.62 FEET TO THE POINT OR PLACE OF BEGINNING. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 022 .000 BLOCK 03 .00 LOT 010.007, 018.008, AND 009.001 6 Karen A. Hoeg Pailner Tlwo ey Lath m V.. 631.727.2180 x269 SHEA, KELLEY, DUBIN & QUARTARAR4, LLP khoegt@suffolklaw.com 141 West Second St Rivei head,N`r'1190 --Aolkla�-};..;m Thoma-s A T%,i--orrey,Jr {, 945-201 4? August 2, 2023 John F Shea,III hi-sl-pner C Kelle�� Cavia M Dub,- .lay F Quertararo T Q � Peter M,Mott V Janice L Snead Kathryn Daf1i Via inail elo iessicam("outholdtownny. roy L Jeffrey V.Pagai,o a Kai en 1 Hoeg Donald Wilcenski RECEIVED Sernadette E.'uth'1I Chairman of the Planning Board Cfai;H Handler Fryer,Li Cf300 Planning Board Office AUG 0 2 :?I Caniel R.Bar^ard 71 Town Hall Annex I SENI0R,(0U\15EL P.O. Box 1179 S uthok �Zt open B Lath:3m 54375 State Route 25 Planning Board Southold,NY 11971 Re Cove Beach Estates Subdivision %14-- L l.rx'1,11w" Located n/o Main Road, approx. 1,000' east of Kayleigh's Court '`'.a J-e ) �-`l in East Marion r°i,o,,. Hun-It SCTM#1000-22.-3-18.11 through 18.23, Zone:R-80 cF f:OLiNSFL SCTM#1000-31-4-35 & 36 Lisa Cla, -Corilonr' k ev,n trl F-):c Pa'ricr3.l R issell Dear Chairman Wilcenski and Members of the Board: Jenrn!fer P Nigro Joan Morgan This firm represents Henry Mazzoni and Hugh Switzer, owners of two of the lots SUc_it Ke i I-at--'-varke, in the Cove Beach Estates Subdivision(the "Subdivision") referenced above. Mr. All sc.i, .,yh Mazzoni owns the residential lot identified as SCTM#1000-22-3-18.14. Mr. Switzer owns the residential lot identified as SCTM#1000-22-3-18.6. 4 � There are 12 lots in all in the Subdivision. Two of those lots are held by persons ..1.A--- other than the developer, Cove Beach Estates LLC, whose principal member is Raoul J. Witteveen (collectively, the "Owner" or "Witteveen"). Two of the I, remaining eight lots held by Witteveen are dedicated open space lots. The Property Main office Owner List for the Subdivision is attached as Exhibit "A". A map of the ;� 1:�2C�!f1;7::=�5 S! P`-' Bov Z439F Subdivision with the lots highlighted is attached as Exhibit"B". River iPad NY 11901 631.727.2180 We are writing as our clients are seeking relief from the Town of Southold. s uffolkiaw.cvm Specifically, they demand that the Town declare the Owner in default and call the performance bond related to the Subdivision pursuant to New York Town Law § 277(9)(e) and the Town of Southold's Code Sec. 240-34(B). August 2, 2023 Page No. 2 That bond,posted in 2004, was on the Owner to ensure that the roads servicing the Subdivision would be adequately completed. Almost two decades have passed and those roads remain unfinished. Because these roads remain unfinished, the Town has refused to issue building permits to our clients, so that they might build residences on their respective lots. Final Plat Approval. By letter dated June 15, 2004, the Town Planning Board informed the Town Clerk that it had granted final plat approval to the proposed Subdivision, subject to two conditions. One was the acceptance by the Town of a Letter of Credit in connection with a$ 705,710.00 performance bond for the paving of the roads associated with the Subdivision. That amount was based on a 2004 estimate of cost. The other condition was the filing and recording of a"Road Maintenance Declaration." The Performance Bond. Some initial work was done to improve the roads: drainage, curbs, and work up of the first lift of asphalt. The Town's Engineer at that time prepared a revised bond estimate for the remaining work, totaling $186,318.00. That revised estimate was dated August 13, 2008. However, it was not until six years later that Witteveen requested that the initial bond amount be reduced to the amount proposed by the Town's Engineer. In late 2015, the Town approved the reduction of the performance bond. Despite the six-year lapse in time, the Town inexplicably did not have a new estimate prepared by the Town Engineer, nor is there any evidence that the bond amount was adequate for the work remaining as of 2015. The Road Maintenance Declaration. As for the Road Maintenance Declaration, it was dated June 14,2004 and recorded on June 23, 2004, in the Suffolk County Clerk's Office in Liber 12323, page 677. A copy of the recorded Declaration is attached as Exhibit"C". The Declaration was made by the Owner of the Subdivision's LLC, Cove Beach Estates LLC, and by ocean Point Development Corp. ("Ocean Point"), as owner of the road which services the five lot subdivision adjoining the LLC's Subdivision. Ocean Point is also controlled by Witteveen as its President. The lots for the LLC take access to Main Road in East Marion via Cove Beach Drive and then along Stoney Beach Road; the Stoney Beach Road Extension provides access to the five- lot subdivision of ocean Point. See Map, Exhibit"B". All these roads are referred to collectively in the Declaration as"the roads." Similarly, the 12 LLC lots and the five ocean Point lots are referred to collectively as the 17 "subdivision lots." Under the Declaration, Sec. (B)(1), the owners of each of the subdivision lots agreed that the LLC was required to"manage, administer,maintain and operate the August 2, 2023 Page No. 3 subdivision roads" and "provide year-round management of the road as a right of way." Routine maintenance of the roads, included but was not limited to"repair of the pavement as necessary to keep the road in good working order." Response to Building Permit Application. In late 2021, an application for a building permit for construction on the property of Mr. Mazzoni,, one of our clients, was denied. Following the denial, on October 259 2021, the Town's Planning Director requested that the Town's Engineer "inspect the [subdivision] site and review"both the performance bond amount and the final road and drainage plans "to provide comments on the suitability of the infrastructure in its current condition, and the adequacy of the bond amount as they relate to permitting construction of homes to begin." In response, the Town's Engineer wrote the Town's Planning Director on October 26, 2021, that before a: thorough evaluation of the road and drainage system constructed, the developer must first cut back the weeds and brush along the road and road shoulder. Additionally, all leaching pools must be located and provided with a cast iron clean out cover to grade. Furthermore, prior to the issuance of a building permit on any lot, the four fire wells specific in the subdivision plans must be located and certified as sufficient and functional by the East Marion Fire District. Thereafter, the Town's Planning Director wrote to the LLC, informing the LLC the road"has become too overgrown to inspect,"and attached the letter of the Town's Engineer, referring to the "next steps" as laid out in that letter, quoted above. Site Inspection 2022. Time passed. Six months following the Town's letter, the LLC still had failed to clear the overgrowth in order for the inspection to occur— despite demands from our clients for the LLC to do so. Finally in March of 2022,our clients were left with no choice but to take matters into their own hands and paid to address the regrowth so that an inspection could occur. The Town Engineer and the Town Planning Director met at the Subdivision site with Mr. Mazzoni on Thursday, April 28, 2022. The results of that visit were reported to the Planning Board which, in response, issued a letter to the LLC outlining "the next steps towards being able to obtain a building permit for a August 2, 2023 Page No. 4 residence to be constructed." The letter of the Planning Board,dated May 10,2022, is attached as Exhibit "D". In its essence,, that letter conveyed that the roads were so far deteriorated that they would need to be rebuilt. Among the ten steps outlined therein, the first step identified was to "[e]stablish a revised Performance Bond to cover the necessary work to reconstruct the road based on up-to-date unit pricing." Some six months later, the only discernible response of the LLC's Owner, Witteveen, - of which we are aware - was to write the other owners of the Subdivision lots, including our clients,, a letter dated November 10, 2022, wherein the LLC assured the other owners that it had"preliminarily"formulated a"possible plan" to address the Town's concerns. A copy of this letter is attached as Exhibit "E". However,the LLC went on to take a position which appears to contradict that of the Town's in so far as the LLC stated: [T]he roads should not be put in 'final form' until construction on all various homes in the subdivision are substantially underway. Notwithstanding that, we have undertaken to retain the services of a professional engineer to embark upon initial review,and recommendations so as to proceed in a manner that will satisfy the Town on a 'short term' and, hopefully, long term basis. April 2023. Six more months passed. The LLC, as far as our clients could determine had done nothing. Accordingly, on April 20, 2023, we wrote to the LLC, Ocean Point and Harvey A.Arnoff,Esq., as counsel to these entities, informing them that they were in flagrant default of their obligation to finish and maintain the roads. We also detailed therein that the roads are now becoming a public nuisance as there is ongoing and open trespassing, property damage, fires and even accidents throughout the Subdivision, and a flimsy wooden gate that does not deter trespassers. Our clients received some assurances from the LLC that it would move forward, but still nothing has happened, and it is now August 2023. Grounds for Default. We respectfully submit herein that there are more than adequate grounds for asking the Town Board to declare a default on the LLC's performance bond at this time. August 2, 2023 Page No. 5 New York Town Law § 277(9)(e) defines a default on a security agreement posted to ensure performance as follows: Default of security agreement. In the event that any required improvements have not been installed as provided in this section within the term of such security agreement,, the town board may thereupon declare the said performance bond or security agreement to be in default and collect the sum remaining payable thereunder; and upon the receipt of the proceeds thereof,the town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds. In almost identical language, this Town's Code similarly provides at 240-34(B) that: Default. In the event that any required improvements have not been installed as provided in this section within the term of such security agreement, the Town Board may thereupon declare the said performance or maintenance bond or security agreement to be in default and collect the sum remaining payable thereunder; and upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds. Accordingly, we ask that the Planning Board make a recommendation to the Town Board to declare a default and to undertake the work needed to finish the roads of the Subdivision and bill the Owner of the Subdivision if the amount of the bond is insufficient to pay for the repairs that the Town deems necessary to issue building permits. August 2,2023 Page No. 6 We are happy to provide additional information as the Board may require. Please advise of the Board's action in this matter. Sincerel , erg A. Hoeg Enclosures cc: Scott Russell, Town Supervisor scut*re s sell Qa to wn.south _I nv.us Paul DeChance, Esq.,Town Attorney pauld fsoutholdtownn , ov Michael M. Collins, Town Engineer mi chael.cc l l i ns town. outhold.n .0 Heather Lanza, Town Planning Director hea(lie r.Ianza town.southoId.n y.us EXHIBIT "A" COVE BEACH ESTATES LLC PR OPERTY OWNER LIST COVE BEACH ESTATES SUBDIVISION: PROPERTY OWNER LIST 22.-3-18.11 22.-3-18.21 OPEN SPACE Cove Beach Estates LLC Cove Beach Estates LLC PO Box 250 PO Box 250 Cold Spring, NY 10516 Cold Spring, NY 10516 22--3-18.12 22 --3-18.22 OPEN SPACE Cove Beach Estates LLC Cove Beach Estates LLC PO Box 250 PC Box 250 Cold Spring, NY 10516 Cold Spring, NY 10516 22 .-3-18.13 Cove Beach Estates LLC 31.-4-35 (sub. Lot 11) 20 Box 250 Cove Beach Estates LLC Cold Spring, NY 10516 PO Box 250 Cold Spring, NY 10516 22.-3-18.14 Cove Realty Group, LLC 31.-4-36 (sub. Lot 12) 26 Delavan Street Cove Beach Estates LLC Brooklyn, NY 11231 20 Box 250 Cold Spring, NY 10516 22--3-18-15 Mazzoni, Henry 146-04 25th Rd Flushing, NY 11354 22.-3-18.16 Switzer Cove Beach LLC 4350 Sentinel View Rd NW Atlanta, GA 30327 22.-3-18.17 Truman's Triumph LLC C/O George Kougentakis 2420 National Dr Brooklyn, NY 11234 22.-3-18.18 Cove Beach Estates LLC PO Box 250 Cold Spring, NY 10516 22.-3-18.19 Cove Beach Estates LLC PO Box 250 Cold Spring, NY 10516 22.-3-18-20 Beaumont Timothy Beaumont Deborah 101 Stillwater Ave Massapequa, NY 11758 EXHIBIT "B" COVE BEACH ESTATE S LLC SUBDIVISION MAP 44 110 rat".ie 14 Of �i •Y JI PX 4� r"Y 7MJ}I RL VA Ya � •a 1 OF •+ WIL + 01 i1 • 1 _ i M � 4F •� dr_ 1•'Ma�w �icy��k •- +� Y-a �i 1: _ -'4..„� }. �7 6,0 of . f i 4f 40 t • �' - Y1 r A.y .Yam ,t �' •' _Ili +R'►t-•" �L. 0* i + mod'' R ;5a y �,• — •i 4+ ��, * ,, +^ 1 MD b)ail# J •'�, 14 '� a i TY tiyl r•r, ' IS �' 1• 'i,/ fif i7 j i 4I to � ry RAF ■ ,i �.i 'f' * _ ` 7'• fi TA* ti 7 Al 10 t •arY- �do - r • r ,ter,s �••••� •� t _low .=1Fs`V�JL• �. 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'+ f.CIL lO t•�• T^, W �'•L 4 11 t lJ�6 Q` r r ■�A«- �. -_ - �rlli4M.ILaw a•lit1r LE ++ i I♦rl 1 OPEN SPA .„.�'*•��. t PARGE_Aui •. r 4 1 � i i.- �� •* T , •i�-,ik;s.�+./,e4F Y�-r*+Ik 5y _ r r-Pblr AL FLor PLAN ..ter. 9 5V-CVEYOR'b r-eKT-!C.A ON • r�00 * -0 v ----,T..�.. �` „..--y•a4 ti.,I}r,rZ. 4 F4a"1-.�nr�+1 ' TdP.WL _ ; ! •i,.r'at�;�,;tr•Y r.*w.�.rear.ter, �r ,;... RDAV + �,FL fV'i�` _ .�,L fYi� 1. ,�f _.7 t �. r�.�..I a•.\as:...F iL+i.,r/f a4 A+.r�, •�rE\'.333■ � �h �Cr'r'.rh'�'�'r� � 'i �. �i •-4KYf+'tir'1a i•_��ak r+.�. �y�,i#1 •+''. � ro.v or ror�Twrly 1� �• I r. � P,IGGYIG L�Tru�i �■ ■ � J pf IC4L � .rr�"r�i.irrr�'.+'ti#ar�F.�..r-.-.v. ` V r EK 7r ACF- .L i�'4 YiF i�4&r�. T��YJ-LA,do�Z-40k r'Ai 0.fi4Y i.�h. 4 a ..r PARCEL 5 77 �Ig:�yJ,y t NAP OF 1 3123r37 x e� ''� •�-•. .T+ ■ _ COVE BEACH E5TATF-5 4L r _ _ _ _ •.L'a•r Ira '�, r r.y 4 + z- ---...,irlt - - ~`r�VlloPA Z<Pwnk�None 5�lra�lca f ■ :71 rl } PPL ;h`� �.rli r• F -s lr 5VPFO,_?c cau+TY vz!r ARTmmT or P-r-.T-v • �y+. �'} 5MV rGES HAIJP-AV6f,N T tG' ,��' � �, R,� :.v.,ti ...•mot. �..r:r�`u�_::.��-� --- PI, k. FINAL F"LAT *. ' yr 'tie#� '-� r�'.,�,{� _ -y. ,,-% .� �r•.yr.� - r �__- - {I 1Lir.Ati[r Ml•lI- i..tom MAO". U. �� ,�i �r � • � -'�...��•~. m.r. _ "� Af . � �►'*� � +�il � � �� `+� �r`p rJ` a. - ---- ___ sue. fi'�i++ _ kL, .1 .+y, ` •L �.. 7•'i! Y ri, i.:tib +tea.. ^. 4e SHEET! OF -Y `T '3 c,-! , r11A -,# f ...�.._-.,--ai-..... r,: fi.'14j1k■ w.•- -- ',' -•.+, 11 is a ! rt iF �.��t �.i - -. !l131 11 131#1 lierrr Na .!i 6 .�I+ti7�l..!r1.i_W-:br&A/r".A4 wa iir Pie�Irr.L-r� Kr'A*W*A OWN-4p+e Fe'H N�C 7 1 w+ti-"1:+y\ri ftOti�h.y.�.nv,no A •1 e L 7J 7 NJ rt� 15215#ABS.No. •.ca.....r.+r_n.7,•n'3�A_-Lal �FILEDyU11f2M �_ i.,�,,.+�f+tife r1 re asee••.wa■yes.irr.a .+...,+ +d:earlarsi#+/■'"1 4+�'eLAK4.rM I M��(µ r.w ia-�sr J ra'fM.a.�re+rw ere-. r + y ■ eVLaa+.epa..r.�.•,a.+m ek III%'An e� •Lk-'U.m%r 517E DATA 44 i I 3 TOTAL A 4CA Z5 FILES ,.� ..�,a... _ Ate. 1ul - � P+� �+�►■.c- eo lrf qr, 6- �v1.ft:a r-�.a R a e•awnya K*rS.MAW OR TCST AO._f 12^f A, APPROVED BY 1 GO,UTAL e�o6low yy IM,AKNWG SOARD VIP OAK f!► ■ AITT7GIUM l+r� .y I 77- I•� �_� _ s� �• I � 11 'r -- �` a •1r Af"C%.rYn.nATLK Vvftl a.. �i^ -�1 ,.tip,..--,- ■ Il f LoNG &WIWI 9aIFFFlr;'51 GeRTIPICAnoN da'F � 'a.•�e N�+r-.i :aa�•.+� ..�■S—ay-y.,rr,l3'•t.f f �'�L/ ur ;ins..IL• .0 .A'y..■i+4+�, J:ram,.. ■ .��— ,. �•r. �!i -M+el.+'w eN Iwo"rid a+Y:v y. •�a, i# " �■.l-J!fA�� -- _.r u -4�'`. nr+—� -'�L.+rat. �r.y.R_qr �.�� a }� —VeY �i•/r _y_er•ata..� -�:t+der'., a. _. } ' 7 ',e�.a •'-:'r+a ei�a�•. . i Wtir-, rrNlcu KOT Pew •'` { I ,J �+ SV YEYOft7 GeRT,rICATION +� } Q �''• +1 Ipq*1 a �� i �{ ,9 +' ter - + -. 'i*`; '� v+.rl; r. '-4 9& W r-®+±`ti.e■.a•,.er►� +rre.s.• Y N*.iC s.l': i r��I� t � # • � '``Jury �. _ h .�9r-' /l■•-i#M #a"w•....'A� .+y r•.. �`ti� a ,� '�+ + S +a�-.--r •' ��� t..r�•le•f� e?Yelo� . i or y� �M' fir' y�.r,{..C'�i�'`.k . O ��+:, -'- -—„'�'. -•.� T i1 ■ �r i. F _ - V as a GJ�t r7L•.:n Lol lr'_5-- r-�IhtwrA,t ila=, � _ e 4 � � f a4 r .� r+ 1 r. , 3ti y.�•■w �, r ` �C—Tu+.�ran TL*O;l:n wo ��' �, ,�J ,. ■a,y J►1 �+ #r"!. =s•w- q* ILI 1 1.,1w1 s t50ARP G.KTIf`GhTIOh —'--�-.; Vol �+r 0) �k .,"e+ .ar•.r F 714Y.+4.ali■.+f�eey 6 eIM yF{+ �, / r V '�, . �, f :`�•+� --%6ft �h.00' a`rML,V i•-y eMe44m~0A.7 Mw}il,-•r.�.r 17�**�.1 i,716+.f r +y}` J+ MAP OF ■.■# h��_ COVE BEACH ESTATES r rCir a�7'b 1' a C COr)L M1pf 1,7n�CJrF,.7I!a_.JLh,-i r7 j� {5UP-FOLK GOArY DEPARTH&ff or r�CA.LTH K�+n c.3 e 4 *� I „ +l��rek , y; S�FJ"CL5 KAL"A�►6C.NY IC b' Z. o5 J ay i is y � a "r ..�:y T a• ,•C _� � •. '.� # Zw a,-\rKl,Y WO K u_+V aovrra�,�a ti h J�� - �� ,� .� •tf � - t� ��rVr�y rtni V+V,w V r•=e.T/"-`pa M�r - _ —�. .� ~•r:�•mac_.•n ter.c erg.��.e. ,.-w..r... _r .-ai a �C\,r ti/C.�T.va.{,uti'.-e•�o+.a.M � � l"� SHEET? OF a +e s�! - (/ .C, .,�- - _ - ew rr r �.eeeeegV aei A+►+r�r i-+"'4.e'4s rn v.'.._�_ 6F s 11131#FILEIF .No. - `,�'-�"- - - � 5 1sway of you►Ig i . �'l'�+�& q T7.�.µt�GVJ�c D•w%t�7F"■O'VB o^lu rl 1.4 •uo urnanY+.rw"r'm?-.z j N..o rvr■i r.ve A. rL4Cd.Trr+Ci a aawnt*f Mo.F nWi'•rD rYO�.i r,IF� Nl-7a17-27W IC•INILT.ap MV LLD. ■I..yw ABS. r.a�un6s"a c i o Wr?C&A &orrwe r,<.�.1 • 11��v�l+�r 1 ter.,•. FILED JUL1 tii I.Y.rwN. �••1..�C 1�c■r.aw P+•w f +&L}-*-.w•J•aa f,r+ ry/�■y.f 1D KCTWIe 7L Q rrR AY aA 11+•,LYI■/•+l.Ll!wv.+ �- t+r INC C(II/C Cr f!i vve.ar.ficumm 1P,rm 1'natll _ --•�:---:_-�Ta, ra"MA119•emw ry a l—Lam r n.i d..-•.r.Tr csvaror•r..lI ' TE D.4Tr. FILED r,�cwvw►.D rm ro.La■.a 51 LOT adi .,ate as bp c•u�r.w •w fQ f f ' $ dI4•�:.'■s'� ■i i L�Ao>t 1+ ..r7 YG7 VCTM FUl r^-" N 1':Ci 1 /r nL i IR�� i7 fOfl vAmW .60 1 CC- 4M 75•arl Lbw+,l Or sfatr 6LA&ranun: .u� LL +� MST hOLE DATA v� :•+_ r �� ! � + �+�•'Rc m -t -— L d pyh APPROVED By 1 ;, � •� n: �� ;",A r ��,. MJAKNIK6 WARD 1 H + ` •t; _tow w of x l"UR D , i 46, / • ate+•-"� 1 = _ to y■F%'llrllfr w � +lLai. O'W r a.;4r `+�D�+�:. .....�RACAES' 4� rt"' '�!r►�* ■� .' Ut_..+_al jj'..a+L° ,- +rrrT� 1 ♦ #1■r q ++r ~1 + !'1�+.G4t b■•?".+i tin4"�, .+� + ..-„ .rrr•, —--- — —_ S i, 117:�p•.■! r� RIP"•I � � �Y � ' ��f.t *-.W4 I 5 �#•L+CfiraC+w�►;la �_ '��Fr LYF 1 ri 'kr 1 ,�p4Mb 1 6lIC�R�L7 T�c i r .'.. .M•4a+.,.t„r y,. ■_ 1.. DAM POND :., ,1-.,.�.�.�;.�.+�•.'�.s� ._�. •� } �'. Jyd IFI - �jy - _ .s✓_+_�J.'S~ ei Y ••i.1�••.ta._."M ■F~'� f 1 • .aL.•,1:s i • _ r +�•7.ad1_r i d .i rik VL■5 F•�y •' ., L.�•lrRw r 1�:L'+ F+ ra y F. L • • • 7'• �-. ----s-- 71FIG.ti rLG'r fLNI -- *AVVZYC;K;GERTIf IGA710N "M�•.a•hr? 4'. ' yam -ti 1 `�'t►L: ■ Ile- T=WILC +.'+ r7 �. ..:_eleLy Litf�Kr'+wr.Lrl•�.+�✓++ r.7 0 ,i Ail, 1 _ ,. .�,@ n r i .I"...w+.-arlcl L+•n a 1-Ct-Al..-I ■ OF"JI/'w.rdL • 4 91 I 4.` 1.•.e .sr�.i �. Lys �Q1 I �i*� ' '� .I L' rr.AA. .•w + y- +lam pA� 4741 '� r•� �1 e` t "1-1? 3 . f i TIFF r' i+l■ Play M ' ri Iar••l,rr!D4 w � -� �'Q^p =_ as .���-r vp . NL . . . r4L1• � F %el.--J7Tr r.Fr••{.N�11■h' au • 4# 1+.46&-•-.••Li iL..r 4e.���=tt'./- w ioF ' 1 f ,+'G4 _'+'•, ti.•a or 0 �''_*r• -- +sc a �li•['d^J+'#1 It4*.�d' d � '!Y � w�1.IL.6_ai-1-..�..1dVUUl.rw.W,.''.. P!D"1'P77�1r � l�1`z��Y■ ,a.;,n't+ r.'r M...�+h+JCV'►'r-/.v iw IYar�r+i,tr.i+rx► MAP or 1 Poe-onK a_a,G 7dz2-[ i/T ■ L�A1"1 POND �� 1`_� J••a a.r•vr.���i''L rr�,+:�+�___' irlcorpol-+aa � I`�� / GOB BE�GH ESTA7�5 t -- +[5.ost Mcrwn,Tarn of�•O.Lf1017 tttt_.a_ Srro ti c n cmly no Ym-%. gc1��IGcs wux►'�zs r�r I;.c,U �5poa, FINAL PLAT LU II �4 AU IlWdll COMM 11MA-00-l" lp .U. I.L Y yat•r .a,iri . ' .M.•1.__~� f,r�rrsYr.rM.a ar�� ' -_ _ �� - - ' �Ce rr�r��+•..- 5}iEEi-3 OF 4 ._..._ arC��V+MI•-rM/•M•l Y tilt�7.�r��M f� 1 ,■ A� r'Rl�.r•Rye n M1[P I■4 O r r�+•r Law..f.+.aaflra,a.•.�. � L F L 4.' T /�Jdd,.��� a. fir... .i a 'It r• 1 a1rl 6%,1-u a•.. EXHIBIT "C" COVE BEACH ESTATES LLC ROAD MAINTENANCE, DECLARATION �I Il lfll l lid Illll IIIII 11111 I�III 1�lll 11111 llill 1111 Il l SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Tn a of Instrument: DECLARATION/DOP Recorded: 06/23/2004 Number of Pages: 13 At: 02:58:57 PM Receipt Number 04-0070928 LIBER: D00012326 PAGE: 677 3 District Section: Block: Lot: 1000 022.00 03,30 009,001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $39-00 NO Handling $5.00 NO COE $5 .00 NO NYS SRCHG $15-00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copiies $8.45 NO RPT $90.00 NO 3CTM $0.00 NO Fees Paid $162-45 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County i �3 J..i Tip RRENS Serial� � � �- r•,,�•`. ir'�`i�-: I P t,?7 yt f Certi;ica!a Y t ICf:Mif - Dead;Mortgage In_trument Deal/Mortgage Ta,s Stamp Recording'Filing Stamps P .0e 7 F US Pager'Filing Fed hlortgaber'unL. H3ndline t-Basio Tax TP-S 54 2.Additional Tax Notation Sub Total FA-S?i?(Counr,) Sub Total -�--- __ Spec./Assit. Eel-5217(S tata) Or Spec.,Add. TOT,hITG.TA A. 1�o1ni1ti.of Ed. Soo # ,� Dual To�%•n Dual Count; � Held for Apportionment A rfildac it -- + A r Transfer Ta►: d C�L��}• erg Mansion Taff _ --- -—- 4—•--- The property-coti•eretl by el►i;ntorr age is or Reg Copy %vjII be irnpr`oti-ed br a ane ur t,-t o CAmiI Sub TaW dueititl0 onlj. Other .�t� ---- 7 LrES U;VJO_��— GK.�vD iG�'r�L Ir NO,see appropi iacc ta.t clrRuse ail page --•T% of this instrument Im I Real Property Tax Service Apacy Verification Communtry Preszrj'ation Fund Dist. Section D lock Lot Consideration Amount 5 st%mllp I1 1000 02200 0300 009001 4.7. =PF Tax ELLS _ . 1000 02200 0300 01Q007 Datz � _'� litj�tt�4d 1000 02200 0300 019008 18. -- E A� 1000 02200 0300 019010 Initials �O�Amr 'tip acaiir Lary►l rm_;e�dd'qs, TG RECORD&RE`1~I r 0 TV- �Tl� Charles R. Cuddy, Esq. D P.O. Sox 1547 - ED 445 Griff ing Ave. � Riverhead, NY 11901 FO.W. Witte t mpany Information e Sulrolk o n e Recording Endorsement' Peer -fll i s PLl -ge farms part of the attached ^.RQAD fL�X NT ENA NC E DEGLMAT IOIY m a de b,r (SPECIFY n-TF,OF INSTRL.N►ENT} Cove Beach Estates, LLC and The premises herein is situated ul []cte Iovnen t Caro. R HOLK CO Nl ,NFW YORK. TO In the TotN-nslup Of Southold _.- In the VTLLACTE _ or j-biN•B,ET of East Marion 5 C fRl;9 kri 1.r-.,T R.7-%IPPn r r7 Dpmrrcn Mr nr i ew,T% r, n.•,...* �•_��_. C ROAD NIAINT ENANCE. DECLARATION" THIS Declaration ("Declaration") is made this 14"' day of June, 2004, by Cove Beacb Estates, [.1-C havi'n.&Y,ari office at 90 I-lark Avenue, Suite 17141,New'York,NY 1001-6 hereinafter referred to as 111)ezlairant,"and by 0CIeaii Point Development Corp-having an office at 90 Park Avenue, Sul to 17141 New York,NN' I QO 16 as owner of the road-which services the 5 1 oL subdivision-adjoining the Cove Beach Estates land. WHEREAS., the Declarant is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State of New)'ork,known �.nd desi-grated on the Suffolk County Tax Map as District 1000, Section 22,Block .'), and Lots 9.1 'tnd 18,7, 1�.S which parcel is described at Schedule A, and Ocean Point Development Corp. is the owner in fee simple of real property situate in the Town of S o utho Id, County of S uffo I k, State o F New York, known and designated on the Suffolk Country Tax' Map as District 1000 Section 222.Block 3 Lot 18-1 -*vhlch parcel connects the Cove Beach Estates parcels to Five(-5) existing subdivided-lots, a which lots are known and designated on the SLI1T0lk County Tax Map as District 1000 Section 22 Block 3 Lots 31) 291) 291) 3 0 and 3 1. and WHEREAS, Declarant has made an application to subdivide the Cove Beach real property(Parcel A) into twelve(1.2) lots, as shokim on the subdivision map of Cove Beach Estates, LL C prepared by Young& Young and last dated October 3 1 11 ?003, and WREREAS9 Declarant desires to provide for maintenance and manacrement of the road-way which provides ingrVess and egress to the twelve(121)Cove Beach subdivision lots and with the Ocean Point Development Corp.. parcel will provide access to the adjoining five(5) lot %.0 subdivision on the west, (together referred to as the"subdivision lots")- NOW9 THEREFORE,for purposes of carrying out the intentions above expressed and in consideration of the fore(lrolila recitals, the Declarant hereby covenants and agrees that the subdivision lots shall hereafter be sub'ject to the covenants and restrictions as herein cited. All the provisions of this Declaration sh a]I operate as covenants ru n n I ng with the laid and shall be binding upon all purchasers and holders of the subdivision lots, their heirs, successors and assigns, to wit: A. ROAD D ES I GN AND CONSTR U CTI 0 N The Cove Beach subdivision roads shall be located as sho\Atn on the subdivision map and shall be paved to a width of[6 feet and run a distance of approximately 5,000 feet. Title to the roads known as Cove Beach Drive,and Stoney Beach Road,shall rernain with Cove Beach Estates, Page 1 of LLC its successors or assigns with its use subject to this Declaration, and title to the road known as Stoney Beach Road Extension shall remain With Ocean n Point Development Corp. its successors or assigns subject to this Declaration. Together Cove Beach Drive, Stoney Beach Road and Stoney Beach Road Extension shall herein be referred to as "the roads". B.MAINTENANCE AND N-IANAGENIENT OF RO-kDS 1. The owners of each of the subdivision lots hereby covenant and agree that Cove Beach Estates,LLC (hereinafter referred to as Cove Beach Estate's)through its agent with the agent being designated in writing by Cove Beach Estates,and with the initial agent being Enzo Nlonabtto,l sha' 11 manage, administer,niaintain arLd operate the subdivision,roads in acwrdance %&11th th6 provisions of this Declaration. Cove Beach Estates through its ag6tjt hereby agrees to provide year-round manager nen t-o f the road as a right-of-way in accordance with norm-at, customary and respons ibie management practices,which practices inc ludelbut are riot I timited to: d a. The routine i-riaintenance Jthc roads including but r1ot HiniLe to,litter collection snow removal and repair of the pavement as necessary to keep the road in good working order. b- The use ofacrunts, subcontractors or einployees deemd.bv Cove Beach Estates to be reasonab[ynecessary Co carry out its responsibilities iii,der this Declarati on. I Cove Beach Estates agrees to maintain In effect at all times a policy of Public liability insurance having a face amount of not less than $1,000,000. All casts for such inslirance shall be considered as part of the Management Costs as stated in Paragraph C,below. 3. In addition to the insurance provided above, Cove Beach estates shall be named I an additional insured onindividual homeowner policies for each ofthe lots,and each hameo\,vner shall maintain liability insurance of not less than $1.,0001000. C. MANAGEMENT COSTS 1. Cove Beach Estates,through its agent, in its sole discretion6 shall a. Prepare an annual budger,and except ass to Lots 11 and 2 apportion to the J subdivision lot owners an equal share(if Lhe costs of M I I C-10 I rig the road orb a yearly basis (110r0in.-Iftff referred to as "Mallitcnance Costs") including, but not llmlLucl ki., the costs C)Lr -5a mtc%iance costs R -a �c- L J-�Jll Inist: tioii. L-Lxes, insurance, ni;p.i nr�,nauce, rep-al r, and a reserve fund ' , - All t shall be paid within thirty(30)days of the mailing of the"Maintenance Costs"statement. Owmers, of lots I I and 12 shall each pay 25%of a share as assessed to the fifteen (15) lots owners. P agr e 2 o F 6 b. Maintain a"Reserve Fund" For extraordinary repair and replacement of the roads. Money for the Reserve Fund shall be held and accounted for separately from the general funds.The Annual Reserve Fund fee for each lot shall be computed by totaling the estimated payments from each of the Lot Owners necessary to reach the amount necessary to replace the road over a.fifteen (15)year period. Likewise the,owners of lots 11 and 12 shall each pay 25%of one (1)share. b. In the event that unforeseen extraordinary expenses arise and sufficien't funds are not avat able in the abo' ve described Reserve Fund, Cove Beach Estates may recommend a special assessment which must be approved by a.simple maj o rity o F a,11 Lot Owners. All Lot Owners so assessed shatl be obligated to promptly pay the amount of the Special Assessmot'to Cove Beach Estates. D.TAX ASSESSMENT a. In the event the roads are assessed by the ToAn of Southold and real property taxes are required to be paid thereon it is understood and agreed that the real property tax for the roads* will be apportioned arrioncr the lot owners and included in the tax bill for each lot. In addition Cove Beach Estates, L LC wl 11 request that the road tax be apportioned arTioncr the subdivision lots equally except to lots 11 and 12 %&rhich should be assessed only 14(250%0) each of the share of the tax attributed to the other(15) lots. E. PERMITTED AND PROFIT [TED USES 1. Declarant hereby declares that the roads shall be used by the Lot Owners,their guests and invitees subject to the following restrictions-, a. When installing, maintaining,or otherwise.servicing utility and service lines,Lot Owners shall have their respective agents,employees, contractors and subcontractors, and other representatives W use reasonable care not to damage the road, (ii)minimize the disturbance of shrubbery or other vegetation along the road; and (iii) upon completion of repair or n1aintenance restore the road substantially to the saine condition as existed at the time of commencement of the Work. b. The road shall not be used for the dumping or abandoning of any solid waste or debris on or along its length %.A c. No construction or installation of any structures of any kind, permanent or otherwIlise(Including, but not limited to,gates), maybe made without prior written consent of Z-V Cove Beach Estates. Page 3 of 6 d. No construction or installation of any structures and/or landscaping Which serve to impede sight lines along, entering upon,or existing from the road may be made. e. No alternation or=dification of the road,once constructed,will be pennitt.ed without prior%Titten-consent of Cove Beach Estates. F.TERMS OF PAYMENT I. All Maintenance Costs,Reserve Fund fees, and Special Assessments as detailed above shall be billed to the Lot Owners in their proportionate share and shall be required to be paid within thirty(30) days after the date of the"Maintenance Costs"statement is mailed by Co.ve Beach Estates. The Lot Owners shall comply with the teens of this Declaration. In the event that 0. any Lot Owners fails to comply with the terms set II rth herein with-in dilrty(30)days after notice of violation is given by Cove Beach Estates, then Cove Beach Estates shall have the right and power to enforce by any action or proceeding at la%,v or in equity,al I the terms of this Declaration including but not limited to obtaining ajudcrinent for the stlrh owing including costs and 0 0 40 reasonable attorneys' fee to collect thiN,-surn or sums owing.. G. AMEND AIENT This Declaration may be amended by Declarant, i is successors or assigns only upon approval ofthe Planning Board ofthe Town of Southold and the office of the Attorney General of the State of New York H. MIS CELL.kNEOCAS I. If any section, subsection, paragraph, clause, phrase, or provision of these covenants and restrictions shall, by�Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole,or any other part or provision hereof other than the part so adjudged to be illegal,unlawful, invalid,or unconstitutional. 2. The within Declaration is iinade subject to the provisions of all laws required by law or by their provisions to be incorporated herein,and they are deemed to be incorporated herein and made a part hereof as though fully set forth. 3 The within Declaration shall run with the land and shall be binding upon the Declarant,his heirs,successors and assigns,and upon all persons or entities claiminer under them, Page 4 of 6 and may not be annulled, waived,changed,irodified,Terminated,revoked,or amended by subsequent owners of the premises. 4. All notices required tinder this Declaration shall be mailed to the Lot Owners` addresses rather than to the property addresses unless other armageinents have been made by the Lot Owner. Notice shall be deemed effective when mailed. 5. In the event that the Declarant is no loncrer in title to any portion of the subdivision then the owner of Lot No. I on the subdivision snap shall thereafter be respopsible for retaining an agent to manage,administer,rnaltitalin and operate the subdivision roads in accordance with the Ptovisions of this Declaration. IN WITNESS WHEREOF, the Declarant has executed this Declaration the day and year first above written. Beach Estates, LLC til fi,ilex,cenlPvft:n i b er -1 /100i X Qbe]atan I C 11 Oint Development Corp. :vo J/.0el y 11 � B : �'—vecnT ident STATE OF NEW YORK )ss COUNTY OF SUFFOLK Oil the IL4 dayo &,-,-,,,7004 2 before me, then Undersigned,personally appeared Raoul J Witteveen, pers6nally known to me, or proved to me on the basis of satisfactory-evidence,to be the individual whose name is subscribed to the with In instrument and acknowledged to me that Page 5 of 6 6 he executed'the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of«-hick the individual acted, executed the instrument. Notary Public R r R.CUDDy Not S tat3 of New York No.6s 5 STATE OF NEW YORK } Dua rit In uffzr county n Expires Decej-nbsr,3 t* COUN-N OF SUJFFOLK --� _ I L j STATE OF NEW YORK SS: County of Suffolk i. EDWARD P, FBI M M,Clark of the.County of Suffolk and Clerk of the Supreme Court of the State of New York an and for said County(said Court being a Court of Record)DO HEREBY CERTIF'Ythat f have compared the annexed copy of and that it is a.just and true copy of such original and of the whole+.hereof. �f IN TESTIMONY WHEREOF,i have hereunto set m hand and affixed the seal of said County and Court this � day of � ',�-'1� ��J� Y �t ,y` *w= •� Clerk. Form No.104 t Page 6 of 6 SCHEDULE "-k" ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF L-UM, SITUATE, LYIXG, AND IBEIZIG AT aAST MARION, TOWN OF SOUTHOLD# COMITY OF SUFFOLK AND STATE OF NEW YORY. BEING MORE PARTICMULY BOUNDED XTD DESCRIBED AS FOLLOWS; lmfEGINNING AT A POINT ON THE NORTHEASTERLY SIDE OF MAIN ROAD AT THE SOUTH WEST COPXMZ OF THE PREMISgS ABOUT TO BE DESCRIBED 'HERE1117; SAID POINT BEING ALSO IINTER5ECTRD BY THE SOUTH WEST CORNER OF THE PR=SES ABOUT TO 2E DESCRIBED HER91-IJ AM THE S0TJTR t-MT CORIXER OF LANt NOW OR FOEU49RLY OF PlUPANK P.- RUSSEL -AlZi OTHERS RUNNING THENCE FROM SAID POINT OR PLACE OF BEGINNING ALONG LAND OF FRA-l-U'c R RUSSEL AND OTHERS THE FOLLOWING FOUR (4) COURSES AND DISTAIXES: I. ITORTH 23 DEGREES 22 MINUTES 16 SECONDS WEST 211-37 FEET; 2- SOUTH 60 DEGREES 31 MlblrJ'l: S 44 SECONDS WEST 27.S5 FEET; 3. ITORTR 25 DEGREES 15 MINUTES 16 SECONDS WEST 402.42 FEET; 4. SOUTH 72 DEGREES 32 MIII=S 04 SECONDS WEST 52-24 FEET TO LAND NOW OR FORMERLY OF RONALD JR. AND BARBJFVUk EDEKT; RUIN NIUG THENCE ALONG SAID LAND TFM, FOLLOWING TWO (2) COURSES ADM DISTANCES: I. SOUTH 77 DEGREES 58 MINUTES 14 SECONDS WEST 155-85 FEET; 2. SOUTH 74 DEGREES 31 MINUTES 54 SECONDS WEST 59.2G FEET TO LAND NOW OR FORMERLY OF FRANK E. BEGORA JR. -AJ\M IRIS R. 13ECORA; RUNMING THEtrcE A-ZONG LAND NOW OR FOPJv ERLY OF FRANTC E. BEGOR-A, JR. ;U%TD IF-IS R- BEGOP-N THE FOLLOWING TWO (2) COURSES AND DISTANCES: I. SOUTH 78 DEGREES 29 MINUTES 54 SECONDS WEST 295-42 FEET; 2. SOUTH 27 DEGREES 28 D41k=ES 06 SECONDS EAST 11-58 FEET TO LAND UON OR FORMERLY OF MYRON BROWN; RUMTING TFMNCE ALONG LAND OF MY-RON BROWIT, SOUTH 76 DEGREES 28 MINUTES 04 SECDIMS WEST 180.74 FEET 'TO LAI-M NOW OR FORMERLY OF JOIUq AND LUZ PSAROUDAKIS; I. F.UNWIITG THENCE ALONG allM OF JORN AND LUZ PSAROUDAKIS AND LAND NOW OR FORMERLY OF DOROTRY E. C009, NORTH 24 DEGREES 08 MINUTES 305 SECOEMS WEST 180.93 FEET; THENCE STILL ALONG 7LM4I NOW OR F0PX8RLY PSAROUDAKIS SOLrfH 65 DEGREES 14 MID41=S 14 SECONDS WEST 149.91 FEET TO THE EASTERLY SIDE OF KAYLEIGH'S COURT THENCE ALONG THE a:kSTERLY SIDE OF F-kYLEIGHfS COURT AND ALONG LAND NOW OR FORAKERLY SINATRA 974.50 "..,ET THENCE ALONG I.LAZM NOW OR FORMERU.0 COTRONE THE FOLLOWING (2) COURSES AND DISTANCES: I- NORTH 24 DEGREES 41 MINWES 16 SECONDS WEST 196-87 FEET 2. SOOTH 44. DEGREES 10 MINUTES 44 SECONDS WEST 79.47 FEET TO LJ-%ND NOW OR FORMERLY PAP AZAHAIZICON THWCE ALONG LAST MENTIONED LANDS %)ID LAND OF CAKBJC.LL AND GgRgMETIS THE FOLLOWING (8) COUiRS95T AND DISTANCES: I- NORTH 25 DEGREES 17 MINUTES 16 SECTION WEST 21-36 FEET 2. NORTH 44 DEGREES 10 MINUTES 44 SECTION EAST 79.80 FEET 3. NORTH 24 DEGREES 01 MINUTES 26 SECTION WEST 99-15 FEET 4. NORTH 23 DEGREES 38 MINUTES 36 SECTION WEST 225-46 FEET" 5- NORTH 24 DEGREES 51 MINUTES 39 SECTION WEST 126.14 FEET 6. NORTH 23 DE(REES 34 MINUTES 16 SECTION WEST 151.92 FEET 7. NORTH 24 DEGREES 10 MINUTES 10 SECTION WEST 99-97 FEET I a& NORTH 26 DEGREES 22 MINUTES 46 SECTION WEST 174-98 F3RT TO LAND ItTOPT OR FORMERLY GARVEY THENCE NORTHEASTERLY ALONG LAM GARVEY AND LAND NOW OR FOMRLY OCEAN' POINT DEVELOPMWT CORP. THE FOLLOWfXG (2) COURSES AIND IDISTAUCES: 1. NORTH 62 DEGREES 11 MINUTES 16 SECTION MAST. 149.09 FEET 2. NORTH 61 DEGREES 16 MINWES 04 SECTION EAST 1157.63 FEET TO LAND NOW OR FORMERLY NFRE DEI%LOPMENT CORP. RUNNING THENCE ALONG LAND NOW OR FORMERLY NFRE DEVELOPMENT CORP. THE FOLL011ING TEN (10) COURSES AND DISTANCES: I. SOUTH 25 DEGREES 31 MINUTES 36 SECONDS EAST 836.45 FEET; 2. NORTH 65 DEGREES 47 M=TBS 54 SECONDS EAST 2088 FEET; 3. NORTH 24 BEGRJ3ES 12 MINUTES 06 SECONDS WEST 1705.10 FEET; 4. WORTH 24 DEGREES 38 MINUTES 46 SECONDS WEST 113.47 FEET; 5- NORTH 23 DEGREES 32 MINUTES 36 SECONDS WEST 110.05 FEET; 6. NORTH 25 DEGREES 39 MINUTES 46 SECONDS WEST 101.00 FEET; 2 7- NORTH 230 DEGREES 04 MINUTES 56 SECONDS WEST 82-65 FEET; S. NORTH 26 DEC-P-EES 21 MINUTES 26 SECONDS WEST 100-90 FEET; NORTH 28 DEGPMS 48 MINUTES 16 SECONDS WEST 101-34 FEET; 10. NORTH 33 DEGREES 26 MINUTES 56 SECONDS WEST 68.56 FEET TO OTRER LAND NOW OR FORMERLY OF OCRAiff POINT DMLOPMENT CORP.; THENCE ALONG SAID LAM I. NORTH 61 DEGREES 22 -MINUTES 14 SECONDS EAST 97.62 FEET; THENCE NORTHERLY ALONG LAND'NOW OR FORMERLY 0Ca*-%lT, POINT l)55VELOPR= CORP. THE FOLLOWING (7) COURSES AND DISTANCES! I. NORTH 24 DEGREES 21 MINUTES 26 SECTION WEST 46.62 FEET 2. THENCE NORTHERLY ALONG AN ARC OF A CURVE DEJARING TO THE RIGHT HA�,TING A RADIUS OF 425-00 FEET A LENGTH OF 208-23 FEET; 3. NORTH 24 DEGREES <21 MINUTES 26 SECTION WEST 508-06 FEET 4, THENCE WESTERLY ALONG AN -ARC OF A CURVEY BEARING TO THE LEFT ILAWING A RADIUS OF 25-00 FEET A LENGTH OF 34.83 FEET 5- ALONG NORTHERLY ALONG AN ARC OF A CURVE BEARING TO TEE RIGHT EVkVING A RADIUS OF 6 0-0 0 FEET A LEDTGrM OF 12124.42 FEET 6- NORTH 45 DEGREES 03 MINUTES 26 SECTION WEST 16.60 FEET 7- NORTH 02 DEGREES 48 MINUTES 04 SECTION EAST 527.67 FEET TO THE APPROXIlvLATE RIGH WATEP- MARK OF LONG ISLA= SOMM 'HENCE SOUTMIESTERLY ALONG THE APPROXIMATE EfIGH �IATER NLALRY, OF LONG ISLAND SOUND THE FOLLOWING TIE LINE COURSES AND DISTANCES THENCE ALONG SAID HIGH WATER MARK OF THE LONG ISLAND SOUND TINE FOLLOWING 15 TIE LINE COURSES AND DISTANCES: I. SOUTH 83 DEGREES 14 MI=Eg 46 SECONDS EAST 28.26 FEET; 2. SOUTH 62 DEGREES 51 MINUTES 09 SECONDS EAST 201-85 FEET; 3. SOUTH 13 DEGREES 33 MID=ES 58 SECONDS EAST 39.20 FEET; 4. SOUTH 44 DEGREES 24 MINUTES 15 SECONDS EAST 85-68 FEET; 5. SO= 35 DEGREES 17 MINUTES 27 SECONDS EAST 447.02 FEET; • G- SOUTH 54 DEGREES 42 MINUTES SO SECONDS EAST 142-20 FEET; 7. SOWN 61 ]DEGREES 51 MINUTES 04 SECONDS EAST 142-78 FEET; S. SO= 67 DEGREES 52 NUNUTES 44 SECONDS EAST 167.49 FEET; 9. SOUTTI 73 DEGREES 20' Mll%=ES 32 SECONDS FAST 501.35 FEET; 10. SOUTH 710 DEGREES 23 Mlb7JTE8 39 SEC.ONDS EAST 215.43 FEET; 11. SOUTH 73 DEGREES 28 MINUTES 00 SECONDS EAST 227-73 FEET; 12. SOUTH 71 DEGREES 06 MID=ES 21 SECONDS EMT 210-19 FEET; 13. SOUTH 82 DEGREES 49 MINUTES 39 SECONDS EAST 69-50 FEET; 14. SOUTH 76 DEGREES 56 MINUTES 14 SECONDS &kST 108-12 FEET; 15 SOUTH 81 DEGREES 51 MINUTES 42 SECONDS EAST 321-20 FEET TO LAND NOW OR FORMERLY OF ROBERT W. AND D-kVID GILLESPIE; THENCE ALONG SAID rAIM, SOUTR 06 DEGREES 24 MINUTES 34 SECONDS tfEST 199.78 ?SET TO DAM POND THENCE ALONG DAM POND THE FOLLOWING 33 COURSES AbM DISTANCES: 1. SOUTH 89 DEGREES 19 Mn=E,S 53 SECONDS WEST 73.93 FEET; 2. NORTH 75 DEGREES 37 MINUTES 52 SECONDS WEST 48.78 FEET; 3- NORTH 137 DEGREES S9 MINUTES 45 SECONDS WEST 52.54 FEET; 4. NORTH 89 DEGREES 33 MINUTES 38 SECONDS WEST 37.38 FEET; S. NORTH 63 DEGREES 46 MINUTES 47 SECONDS WEST 46.02 FEET; 6. NORTH 85 DEGREES 41" MINUTES 49 SECONDS WEST 63.84 FEET; 7. NORTH 66 DEGREES 04 MIN=S 49 SECONDS WEST 29.08 FEET; S. SOUTH 33 DEGREES 57 MINUTES 52 SECONDS 'EAST 180.87 FEET; 9. SOUTH 18 DEGREES 42 MINUTES 02 SECONDS EAST 110-06 FEET; 10. NORTH 89 DEGREES 10 MINUTES 25 SECONDS FAST 85.79 FEET;. 11. SOUTET 38 DEGREES 23 MINUTES 13 SECONDS EMT 81.33 FEET; Z4. SOUTH 24 DEGREES 16 MINUTES 05 SECONDS FAST 73.11 FEET; 4 13. SOUTH Sl DEGREES 10 MINUTES 48 SECONDS ITEST 49-2S FEET; 14- SOUTH 3.:&' DEGR.EES 39 MIllUTE9 33 SECONDS &AST 98,55 FEETr 15. SOUTR 26 DEGREES 04 KTNUTES 43 SECC)NDS WEST 53-12 FEET; 16. SOUTH 82 DEGREES 54 MINUTES 21 SECONDS WEST 46.5� FEET; I?- NORTH 77 57 MINUTES 3*Q*- SECONDS WEST 149-19 FUT; 18. SOUTH 63 DEGREES OS MINUTES 10 SECONDS WEST 64.68 FEET; 19. SOUTH 4 DEGREES 56 MINUZES 12 SECONDS WEST 73 -36 FEET; 20. SOU 23 DEGREES 18 MINUTES 55 SECONDS EAST 58-90 FEET; 21. SOUTH 55 DEGREES 48 MINUTES 53 SECONDS EAST 32.68 FEET; 22. NORTH 86 DEGREES 48 MINUTES 55 SECONDS EAST 82.98 FEET; 23. SOUTH 75 DEGREES 54 M=TES 56 SECObIDS EAST 68-06 FEET; 24. NORTH 55 DEGREES 39 MINUTES 06 SECONDS EkST 61-71 FEET; 25. NORTH 14 DEGREES 48 KINUTES 34 SECONDS EAST 92.74 FEET; 26- NORTH 53 DEGREES 31 MINUTES 16 SECONDS EAST 24.33 FEET; 27. SOUTH 7 DEGREES 39 MINUTES 07 SECONDS EAST 31-57 FEET; 28- SOUTH 11 DE'31R EES 39 Vil-NUTES 27 SECODMiS WEST 49-53 rlEST; 29. SOUTH 19 DEGREES SS MINUTES 033 SECONDS EAST 10G.82 FEET; 30. SOUTH 56 DEGREES 03 MINUTES 02 SECONDS WEST 48.86 FEET; 31- SOUTH 77 DEGREES 01 MI=ES 59 SECONDS WEST 61.30 FEET; .%0 *,,)I 64. SOUTH 73 DEGREES 24 [MMTES 50 SECONDS TEST 79.63 FEET; 33. SOUTH 16 DEGREES 48 MINUTES 29 SECONDS WEST 20.47 FEET TO LAND NOW OR FORMERLY OF JOSEPH FREDERICK GAZZA; THEN'%74E ALONG SAID LAND THE FOLLOWING; TWO COURSES AND DISTANCES: 1. NORTH 87 DEGREES 08 MINUTES 46 SECONDS WEST 103-77 F8ETi 2. NORTH 00 ]DEGREES 35 MINUTES 14 SECONDS EAST 9 FEET; 1p THENCE STILL ALONG LAND OF GAZZA AND 4WD NOW OR F0RVMRVf OF BEFITICE LETTIER.1 NORTH 89 DEGREES 05 MINUTES 36 SECONDS WEST 450-01 FEET; THENCE ALONG SAID LAND OF LETTIERL AND OMR LAND OF JOSEPH FREDERICAOK GAZZAr SOUTH 29 DEGREES' 43 MINUTES 34 SECONDS WEST 520.88 FEET; THENCE STrljj ALONG S-AlD LAND OF CAZZZ A, SOUTH 25 DEGREES 30 MINUTES 6 SEcolmS EAST 608-15 FEET TO IJAllD NOW OR FORMERLY OF ANDUW LETTIERI; THMICE ALONG SAID LAND OF LETTIERI THE FOLLOWING SIGHT (8) COURSES Al-TD DISTANCgS: 1. ITORTH 81 DEGREES 12 MINUTES 16 SECONDS WEST 312.90 FEET; 2. SOUTH 32 DEGREES 12 MINUTES 06 SECONDS FAST 144-10 FEET SOUTH 27 DEGREES 10 MINUTES 36 SECONDS FAST 71-14 FEET; 4. SOUTH 27 DEGREES 49 MINUTES 46 SECONDS EAST 111-96 FEET; 5. SQUTF 25 DEGREES 15 VIIDXrTRS 36 SECONDS EAST 598-78 FEET; 6. SOUTH 26 DEGREES 45 MINUTES 36 SECONDS EAST 387.3.21 FEET; 7. NORTH 63 DEGREES 01 VIINUTES 44 SECONDS EAST 23-10 FEET; S. SOUTH 25 DEGREES 30 MINUTES 16 SECONDS EAST 242.90 FEET TO THE NORTHWEST SIDE OF MAIN ROAD; RUNNING THENCE ALONG THE NORTHWEST SIDE OF MAIN ROAD, SOUTH 83 DEGREES 03 MINUTES 14 SECONDS WEST 86.G2 PERT TO TEE POMYT OR PLACE OF BEGIM.UT(37. FOR INPOP14ATION ONLY: DISTRICT 1000 SECTION 022.000 BLOCK 03-00 LOT 018.007# 018-008, AND 009.0a1 EXHIBIT "D" MAY 109 2022 LETTE R OF THE PLANNING BOARD. OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex v P.O.Box 1179 54375 State Route 25 S O� /Z on'Z';' Southold,"11971 (cor.Main Rd.&Youngs Ave.) Telephone:631765-1938 Southold,NY www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 10,2022 Cove Beach Estates LLC P.O.Box 250 Cold Spring,NY 10516 Re: Cove Beach Estates Subdivision Located n/o Main Road,approximately 1,000' east of Kayleigh's Court,in East Marion SCTM#1000-22.-3-18.11 through 18.23 SCTM#1000-31-4-35&36 Dear Property Owner: On Thursday,April 28,2022,the Town Engineer and Town P1 Director met at the site of the subdivision referenced above with one of the lot owners,Henry Mazzoni,and Joan H. Bischoff van Heemskerck,attorney, The purpose of the meeting was to view the roadway and several examples of the deteriorated condition of the road and drainage system,and to identify the next steps towards being able to obtain a building permit for a residence to be constructed. Pursuaht to Town Law§277-2(a),the Planning Board must require that the streets and highways be of sufficient width and suitable grade to facilitate fire protection,and to provide access of firefighting equipment to buildings. Section(b)states that all streets shown on subdivision plats be suitably graded and paved;street signs,curbs,storm drains be installed in accordance with standards,specification and procedures acceptable to the appropriate town departments,or alternatively,that a performance bond or other security be furnished to the town. Town Law§277-7 states that a performance bond to cover the fd1 cost of the road is a requirement as an alternative to fully constructing the new road.Further,Town Law§280-a states that building permits shall not be issued unless a street giving access to the proposed structure has been duly placed on a map,and the street has been suitably improved to the satisfaction of the planning board as adequate in respect to the public health,safety and general Cove Beach Estates Road Condition 2 welfare. Further, a performance bond sufficient to cover the full cost of such improvement shall be furnished to the town by the owner. Town Code§240-031 Performance Bond,states that a performance bond is posted by the applicant to guarantee to the Town that he/she will faithfully construct or cause to be constructed the required public improvements which were an integral part of the approved final plat.This applies to roads being provided as access to building lots,even when proposed to remain privately owned. The initial bond amount of$7 0 5,7 10 was calculated in 2004. The app tic ant notified the Town in 2008 that the drainage, curbs and work up until the first lift of asphalt were completed and requested a reduction in the bond amount. This request was granted and the bond was reduced to $1863,318. It has been fourteen years since this bond reduction.During this time the lots remained undeveloped and the condition of the road has deteriorated.It is unsafe to allow building to commence on any houses until the road is brought up to Town highway specifications. In addition,the performance bond amount must be re-evaluated to today's costs. According to the Town Engineer,the road system constructed for the Cove Beach Estates subdivision has significantly deteriorated.Portions of the asphalt road have completely broken up, exposed sections of it measure significantly less than the required 2.5"thickness of asphalt binder course and other sections are heavily impacted by vegetation growing through the asphalt surface. The majority of the leaching pools that constitute the drainage system are buried below grade and cannot be inspected to determine their condition.At this point the road system cannot be repaired,it must be completely re-built. For building permits to be issued on any of the subdivision lots,the following must be done: 1) Establish a revised Performance Bond to cover the necessary work to reconstruct the road based on up-to-date unit pricing. 2) Schedule a pre-construction meeting with the Town Engineer prior to any work being initiated. 3) Ensure that all concrete monuments delineating the boundaries of the road right-of-ways are installed and flagged for inspection. 4) Locate and bring to grade all leaching pool clean out covers so that the structures can be inspected and their condition assessed. 5) Completely remove the existing curbing,road asphalt and road base material. 6) Ensure that all underground utilities are intact and functioning prior to rebuilding the roads. 7) Compact the road sub-grade as necessary. 8) Place and thoroughly compact the Recycled Concrete Aggregate(RCA)or stone blend road base. If RCA is to be used it must be NYSDOT Specification RCA. Cove Beach Eitates Road Condition 3 9) Place the asphalt binder course. 10)Obtain certification from the East Marion Fire District that the four fire wells are properly installed and functioning. Once the new performance bond has been submitted and the road has been reconstructed to the first lift of asphalt and all items in the list above have been completed,building permits will be allowed to be issued.Please contact the P1 Department at(631)765-193 8 or the Town Engineer at(631)765-1560 with any questions. Sincerely, 9W Donald J.Wilcenski,Chairman cc: Michael Verity,Chief Building Inspector Amand,%Nunemaker,Plans Examiner Henry Mazzoni Joan H.Bischoff van Heemakerek All owners of land in the Cove Beach Estates Subdivision EXHIBIT E" NOVEMBER 10, 2022 COVE BEACH ESTATES LLC LETTER TO PROPERTY OWNERS COVE BEACH ESTATES, LLC P.O. BOX 250 COLD SPRING, N.Y., 10516 November 10, 2022 Dear Sirs/Madams: As I believe you are aware, earlier this year we received a letter from the Town of Southold Planning Board in regard to problems with respect to the road in the subdivision. We have discussed, preliminarily, a possible plan to address these concerns. As you know, the Town had previously approved the access roads as part of the subdivision process. Furthermore,the roads should not be put in"final form"until construction on all the various homes in the subdivision are substantially underway. Notwithstanding that,we have undertaken to retain the services of a professional engineer to embark upon initial review and recommendations so as to proceed in a manner that will satisfy the Town on a"short term"and,hopefully,long term basis. We, obviously, will continue to advise you as to our progress in regard to this matter. Should you,have any questions or wish to discuss this further,please feel free to contact us directly. Very truly yours, Cove Beach Estates,LLC OFFICE LOCATION: � MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.s outholdtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 10, 2022 Cove Beach Estates LLC P.O. Box 250 Cold Spring,NY 10516 Re: Cove Beach Estates Subdivision Located n/o Main Road, approximately 1,000' east of Kayleigh's Court, in East Marion SCTM#1000-22.-3-18.11 through 18.23 SCTM#1000-31-4-3 5 & 36 Dear Property Owner: On Thursday, April 28, 2022,the Town Engineer and Town Planning Director met at the site of the subdivision referenced above with one of the lot owners, Henry Mazzoni, and Joan H. Bischoff van Heemskerck, attorney. The purpose of the meeting was to view the roadway and several examples of the deteriorated condition of the road and drainage system, and to identify the next steps towards being able to obtain a building permit for a residence to be constructed. Pursuant to Town Law §277-2 (a),the Planning Board must require that the streets and highways be of sufficient width and suitable grade to facilitate fire protection, and to provide access of firefighting equipment to buildings. Section(b) states that all streets shown on subdivision plats be suitably graded and paved; street signs, curbs, storm drains be installed in accordance with standards, specification and procedures acceptable to the appropriate town departments, or alternatively,that a performance bond or other security be furnished to the town. Town Law §277-7 states that a performance bond to cover the full cost of the road is a requirement as an alternative to fully constructing the new road. Further, Town Law §280-a states that building permits shall not be issued unless a street giving access to the proposed structure has been duly placed on a map, and the street has been suitably improved to the satisfaction of the planning board as adequate in respect to the public health, safety and general Cove Beach Estates Road Condition 2 welfare. Further, a performance bond sufficient to cover the full cost of such improvement shall be furnished to the town by the owner. Town Code §240-031 Performance Bond, states that a performance bond is posted by the applicant to guarantee to the Town that he/she will faithfully construct or cause to be constructed the required public improvements which were an integral part of the approved final plat. This applies to roads being provided as access to building lots, even when proposed to remain privately owned. The initial bond amount of$705,710 was calculated in 2004. The applicant notified the Town in 2008 that the drainage, curbs and work up until the first lift of asphalt were completed and requested a reduction in the bond amount. This request was granted and the bond was reduced to $186,318. It has been fourteen years since this bond reduction. During this time the lots remained undeveloped and the condition of the road has deteriorated. It is unsafe to allow building to commence on any houses until the road is brought up to Town highway specifications. In addition, the performance bond amount must be re-evaluated to today's costs. According to the Town Engineer, the road system constructed for the Cove Beach Estates subdivision has significantly deteriorated. Portions of the asphalt road have completely broken up, exposed sections of it measure significantly less than the required 2.5"thickness of asphalt binder course and other sections are heavily impacted by vegetation growing through the asphalt surface. The majority of the leaching pools that constitute the drainage system are buried below grade and cannot be inspected to determine their condition. At this point the road system cannot be repaired, it must be completely re-built. For building permits to be issued on any of the subdivision lots,the following must be done: 1) Establish a revised Performance Bond to cover the necessary work to reconstruct the road based on up-to-date unit pricing. 2) Schedule a pre-construction meeting with the Town Engineer prior to any work being initiated. 3) Ensure that all concrete monuments delineating the boundaries of the road right-of-ways are installed and flagged for inspection. 4) Locate and bring to grade all leaching pool clean out covers so that the structures can be inspected and their condition assessed. 5) Completely remove the existing curbing, road asphalt and road base material. 6) Ensure that all underground utilities are intact and functioning prior to rebuilding the roads. 7) Compact the road sub-grade as necessary. 8) Place and thoroughly compact the Recycled Concrete Aggregate (RCA) or stone blend road base. If RCA is to be used it must be NYSDOT Specification RCA. Cove Beach Estates Road Condition 3 9) Place the asphalt binder course. 10)Obtain certification from the East Marion Fire District that the four fire wells are properly installed and functioning. Once the new performance bond has been submitted and the road has been reconstructed to the first lift of asphalt and all items in the list above have been completed, building permits will be allowed to be issued. Please contact the Planning Department at(631)765-1938 or the Town Engineer at(631)765-1560 with any questions. Sincerely, Donald J. Wilcenski, Chairman cc; Michael Verity, Chief Building Inspector Amanda Nunemaker, Plans Examiner Henry Mazzoni Joan H. Bischoff van Heemskerck All owners of land in the Cove Beach Estates Subdivision OFFICE LCATIO : MAILING DRESS: Town Hall Annex S00,4 P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) l Southold, NY Telephone: 631 765-1938 www.s outholdt owimy.gov p- TI PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 28, 2021 Cove Beach Estates LLC P.O. Box 250 Cold Spring, NY 10516 Re: Cove Beach Estates, LLC Located n/o Main Road, approximately 1000' east of Kayleigh's Court, in East Marion SCTM#1000-22-3-9.1, 18.1, 18.7, 18.8 Zoning District: R-80 Dear Property Owner: It has come to our attention that a building permit has been requested to construct a house on a lot in the subdivision referenced above. As the owner of the road that provides access to this lot, we are informing you that before we can release the building permit, the road must be inspected for safety and compliance. It has been many years since the last inspection (over 6 years ago), and it has become too overgrown to inspect. Please see the attached letter from the Southold Town Engineer with the next step towards completing the inspection. Feel free to call the Town Engineer, at 631-765-1560, or the Planning Department, at 631-765-1938, with any questions. Sincerely, Heather Lanza, AICP Town of Southold Planning Director SCOTT A. RUSSELL MICHAEL M. COLLINS, P.E. SUPERVISOR TOWN ENGINEER TOWN HALL - 53095 MAIN ROAD � TOWN OF SOUTHOLD NEW YORK 11971 Tel. 631 765—1560 Fax (631) 765 9015 o,n R,-EQE'11VEJ1D OFFICE OF THE ENGINEER TOWN OF SOUTHOLD 2 8 2 C)21 Lfl,J101 i(:j d rn Nanning I5oa d Heather Lanza October 26, 2021 Planning Director Southold Town Planning Department 54375 Main Road Southold, New York 11971 Re., Cove Beach Estates Subdivision SCTM #- 1000-022.-03-18.11 through 18.23 1000-031.-04-35 & 36 Dear Ms. Lanza: I have received your memorandum dated October 25, 2021, requesting an inspection of the Cove Beach Estates subdivision and a review of the existing road and drainage improvements and bond with regard to the adequacy of both as they relate to permitting the construction of homes within the subdivision. I drove through the Cove Beach Estates subdivision on October 25, 2021, and observed that the road and road shoulders are heavily overgrown, obscuring most of the drainage structures and some of the asphalt and curbing. In order for me to conduct a thorough evaluation of the road and drainage system as constructed, the developer must first cut back the weeds and brush along the road and road shoulders. Additionally, all leaching pools must be located and provided with a cast iron clean out cover to grade. Furthermore, prior to the issuance of a building permit on any lot, the four fire wells specified in the subdivision plans must be located and certified as sufficient and functional by the East Marion Fire District. If you have any questions regarding this review, please contact my office. Sincerely, 6vv attl- Michael M. Collins, P.E. Town Engineer cc- Vincent Orlando, Superintendent of Highways People's United Bank, N.A. i 850 Main Street RC 1225 Bridgeport, CT 06604 Ir Pe lei; United mow, " ' Tel: 203-338-3223 Fax: 844-835-9130 SWIFT BIC: PESB US 33 XXX Date: 7/10/20 Rescind Notice 100311-001 Southold Town Board Town of Southold Main Road Southold, New York 11971 Re: Irrevocable Standby Letter of Credit No.ISB000031 for the account of COVE BEACH ESTATES LLC, in your favor in the amount of USD 186,318.00. Dear Beneficiary, Please be advised we hereby rescind our cancellation letter for the account of COVE BEACH ESTATES LLC, in the amount of USD 186,318.00. The above mentioned Letter of Credit has been automatically extended to 8/19/2021. All other terms and conditions remain the same, including the reinstatement of the automatic extension clause. Should you have any questions or concerns contact Trade Finance Operations at the number above. THIS IS A COMPUTER GENERATED DOCUMENT. SIGNATURE IS NOT REQUIRED, 850 Main Street,Bridgeport,Connecticut 06604 6/26/20 � People's United Bank, N.A. 850 Main Street RC 1225 Pe 9 �� Bridgeport,CT 06604 Bank, Tel: 203-338-3223 Fax: 844-835-9130 SWIFT BIC: PESB US 33 XXX Notice of Non-Extension Southold Town Board Town of Southold Main Road Southold, New York 11971 Re: Our Irrevocable Standby Letter of Credit No.ISB000031 for the account of COVE BEACH ESTATES LLC, in your favor in the amount of USD 186,318.00. Dear Beneficiary, This is to notify you that we elect not to extend the above Letter of Credit for an additional period of one year and that the final expiration date of this credit is 8/18/20. Should you have any questions or concerns contact Trade Finance Operations at the number above. THIS IS A COMPUTER GENERATED DOCUMENT. SIGNATURE IS NOT REQUIRED. 850 Main Street,Bridgeport,Connecticut 06604 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 llp 54375 State Route 25 � Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.s outh of dt ownny.gov Q C AUNV PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael Collins, Town Engineer From: Heather Lanza, Town Planning Director Date: October 25, 2021 Re: Approved Major Subdivision — Cove Beach Estates, Amended Tax Map Numbers: 1000-22-3-18.11 — 18.23, 31.-4-35 & 36 Location: n/s/o SR 25, approximately 1000' east of Kayleigh's Court in East Marion, NY Laserfiche: Planning/Applications/Major Subdivisions/Approved/1000-22-3-9.1 "roiect Description: This is an approved subdivision from 2004 where a 104.35 acre parcel was divided into 12 lots for future single family residences ranging in area from 1.65 acres to 9.2 acres. The Peconic Land Trust holds a Conservation Easement on 100.60 acres of the 104.35 acres including Lots 1 through 12. Please inspect the site and review the following plans to provide comments on the suitability of the infrastructure in its current condition, and the adequacy of the bond amount as they relate to permitting construction of homes to begin. X Most Recent Bond Amount (Pg. 29 Laserfiche file) X Final Road and Drainage Plans (Pgs. 5 — 9 Laserfiche file) Thank you for your cooperation. i People's United Bank, N.A. ev Pe "" "'e" !;Un ite d 850 Main Street RC 1225 Bridgeport, CT 06604 Tel: 203-338-3223 Fax: 844-835-9130 SWIFT BIC PESB US 33 XXX Date: 7/10/20 Rescind Notice 100311-001 Southold Town Board Town of Southold Main Road Southold, New York 11971 Re: Irrevocable Standby Letter of Credit No.ISB000031 for the account of COVE BEACH ESTATES LLC, in your favor in the amount of USD 186,318.00. Dear Beneficiary, Please be advised we hereby rescind our cancellation letter for the account of COVE BEACH ESTATES LLC, in the amount of USD 186,318.00. The above mentioned Letter of Credit has been automatically extended to 8/19/2021. All other terms and conditions remain the same, including the reinstatement of the automatic extension clause. Should you have any questions or concerns contact Trade Finance Operations at the number above. THIS IS A COMPUTER GENERATED DOCUMENT. SIGNATURE IS NOT REQUIRED, 850 Main Street,Bridgeport,Connecticut 06604 6/26/20 People's United Bank, N.A. 850 Main Street RC 1225 Pepp"leb United Bridgeport,CT 06604 Tel: 203-338-3223 Fax: 844-835-9130 SWIFT BIC: PESB US 33 XXX Notice of Non-Extension Southold Town Board Town of Southold Main Road Southold, New York 11971 Re: Our Irrevocable Standby Letter of Credit No.ISB000031 for the account of COVE BEACH ESTATES LLC, in your favor in the amount of USD 186,318.00. Dear Beneficiary, This is to notify you that we elect not to extend the above Letter of Credit for an additional period of one year and that the final expiration date of this credit is 8/18/20. Should you have any questions or concerns contact Trade Finance Operations at the number above. THIS IS A COMPUTER GENERATED DOCUMENT. SIGNATURE IS NOT REQUIRED. 850 Main Street,Bridgeport,Connecticut 06604 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �QF S0(�Ty P.O. Box 1179 54375 State Route 25h�� Ol0 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY l�L !xi[ Telephone: 631 765-1938 www.southoldtowxmy.gov O � ® �Q PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 19, 2015 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Cove Beach Estates, LLC Located n/o Main Road, approximately 1000' east of Kayleigh's Court, in East Marion SCTM#1000-22-3-9.1, 18.1, 18.7, 18.8 Zoning District: R-80 Dear Mr. Cuddy: As per the Office of the Town Engineer, the Bond Estimate from 2008 is still in effect. If,you have any questions, please do not hesitate to contact me. Very truly yours, Alyxandra Sabatino Planner Encl: Bond Estimate dated August 13, 2008 cc: Office of the Town Engineer I JOSHUA Y. HORTON o� Gyp JAMES A. RICHTER, R.A. y = - PER0ISOR ENGINEER TOWN HALL TOWN OF WYORK 11971 Fax (516)-765-1366 Tel.(516)-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE COVE BEACH ESTATES Route 25,East Marion,TOWN OF SOUTHOLD SCTM#1000-022-03-9.1,18.1,18.7&18.9 DATE August 13, 2008 AMOUNT ITEM QUANTITY DESCRIPTION % Complete UNIT PRICE REMAINING 1. 5.6 ACRE CLEARING&GRUBBING 100% $ 2,500.00 $ 0.00 2. 9,500 C.Y. ROUGH GRADING/ UNCLASSIFIED EXCAVATION 100% 2.00 0.00 3. 680 L.F. BELGIAN BLOCK CURBING 100% 10.00 0.00 4. 13,000 S.Y. FINE GRADING 100% 1.50 0.00 DRAINAGE 5. 26 EACH CATCH BASINS 100% 2,000.00 0.00 6. 831 V.F. 10'DIAMETER LEACHING POOL 100% 300.00 0.00 7. 288 L.F. 18"DIAMETER DRAINAGE PIPE 100% 25.00 0.00 8. 910 L.F. 15"DIAMETER DRAINAGE PIPE 100% 20.00 0.00 SURFACING 9. 985 C.Y. 3/4"STONE BLEND or RCA BASE 100% 40.00 0.00 10. 1,304 TONS ASPHALT BINDER COURSE 95% 90.00 5,868.00 11. 970 TONS ASPHALT WEARING COURSE 0% 90.00 87,300.00 12. 100 S.Y. CONCRETE DRIVEWAY APRON 0% 30.00 3,000.00 13. 3 EACH STREET LIGHTS 0% 2,000.00 6,000.00 14. 25 EACH CONCRETE SURVEY MONUMENTS 0% 100.00 2,500.00 15. 14,825 S.Y. TOPSOIL&SEED 0% 2.00 29,650.00 16. 5 EACH STREET SIGNS 0% 200.00 1,000.00 17. 4 EACH FIRE WELL 100% 15,000.00 0.00 18. 250 EACH STREET TREES 0% 200.00 50,000.00 19. JOB MAINTENANCE & 66% PROTECTION OF TRAFFIC - 1,000.00 REVISED BOND TOTAL: $ 186,318.00 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIPPING AVENUE RIVERHEAD,NEW YORK Mailino Address: TEL: (631)369-8200 P.O. Box 1547 FAX: (631)369-9080 Riverhead,NY 11901E tpr uu � ir�i 41'Ll,y("o veri).1iPi.net October 6, 2015 Southold Town Planning Board 0 9 2015 Southold Town Hall u: at� l 53095 Route 25 6'Val',uO and P.O. Box 11.79 Southold,NY 11971 Re: Cove Beach Estates,LLC-Major Subdivision-Letter of Credit Dear Board Members: My client,Cove Beach Estates, LLC,has a Letter of Credit in the sun» of$705,710.00, and pursuant to the recommendation of the Town Engineer that may be reduced to$186,318.00. However,the People's United Bank has requested that a letter be obtained from the Town indicating that a Resolution will be presented agreeing to or authorizing the reduced Letter of Credit. If you or the Town Attorney would forward such a letter noting the current Letter of Credit inforniation,No. 100311-1 for$705,710.00, then the People's United Bank will issue a new Letter of Credit. Very truly yours, Charles R. Cuddy ' CRC/pc MAILING ADDRESS: .PLANNING BOARDMEMBERS �QF SOUrP.O.Box 1179 DONALD J.WILCENSKI ��� Ol0. Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTYQ 54375 State Route 25 JAMES H.RICH III Ql a (cor.Main Rd. &Youngs Ave.) MARTIN H,SIDOR '�Irou `1,� Southold,NY Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Alyxandra Sabatino,.Planner Date: January 16, 2015 Re: Performance Bond for Cove Beach Estates Application Name: Cove Beach Estates Tax Map Number: 1000-22-3-9.1 Location: h10 Main Road, approximately 1000' east of Kayleigh's Court, in., East Marion The Planning Board has received a request to review the Performance Bond placed on the approved subdivision of Cove Beach Estates. Please review the attached documentation in relation to the Performance Bond and recommend whether the bond can be released or a further bond reduction is necessary. Thank you for your cooperation. I ELIZABETH NEVILLE Town Hall,53095 Main Road TOWN CLERK o�sufvn��co PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER oy • Telephone: (631)765-1800 RECORDS MANAGEMENT OFFICER dol '�aa southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER RESOLUTION# 2005-594 Meeting: 09/27/05 07:30 PM Resolution ID: 1166 Department: Town Clerk Category: Letter of Credit THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2005-594 O 2005 AS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD N SEPTEMBER 27,2005: RESOLVED that the Town Board of the Town of Southold hereby accepts the Irrevocable Letter of Credit Number 100311 issued by the Bank of Smithtown in the amount of$705,710 for the proposed Major Subdivision of Cove Beach Estates located at East Marion,New York,SCTM @ 1000-22-3-9.1, 18.1 &18.8,as a substitute for and release the orMnal Letter of Credit Number Y034116 issued by UBS AG in the amount o $705;7 i 0 at was approved by Town Board Resolution No.496 of 2004. The substitution is requested by the applicant,Southold Town Planning Board recommends approval of the substitution,and is subject to the approval of the Town Attorney. Elizabeth A.Neville Southold Town Clerk `BANK of SMITHT0WN Dedicated.To You. 100 Motor Parkway Sixth Floor,Suite 160 Hauppauge,0,NY 11788 corporate,officer 631-360-9300 direct dial. 631-360-9351 fax: 631-360-9410 August 19, 2005 Town of Southold Main Road Southold, New York IRREVOCABLE STANDBY LETTER OF CREDIT NO. 100311 Issue Date: August 19, 2005 Expiration Date: August 19, 2006 BENEFICIARY: Southold Town Board Town of Southold Main Road' " Southold, New York 11971 SUBJECT: Performance Bond, $705,710.00 Cove Beach Estates, LLC East Marion,'Now York Dear Board Members: This letter of credit is intended to replace UBS,AG's letter of credit#Y034116. C t.LC,with a mailing address By order and for the account of our client, Cove Beach Estates, at c% Raoul Witteveen, 90 Park Avenue,Suite 1713, New York, NY 10016,and in accordance.with the recommendation of the Southold Town Planning Board and the resolution of the Southold Town Board number 496 of 2004 dated June 29,2004,we hereby establish,ourl Irrevocable Letter of Credit No. 100311, in your favor for an amount up to, but not exceedinj 1;!the aggregate sum of Seven Hundred and Five'Thousand'Seven Hundred and Ten Doilars"($705,710.00)effective immediately and expiring at our office located at 100 Motor Parkway, Hauppauge, New York on August 19, 2006: Funds underithis Letter of Credit are available to you against your sight draft(s)signed your authorized officer,drawn on us bearing the clause"Drawn under Letter of Credit N0.1 1 100311"accompanied by a written statement signed by the Chairperson of the Southold Planning Board to read as follows: "This drawing has been caused by the default of Cove Beach Estates, LLC;or its failure to complete performance in the completion of the 'req fired improvements to the Proposed Major Subdivision of Cove Beach Estates as called out by resolution of the Southold Town Planning Board in the amount of up to$705,710.00." i Founded 1910• AUX.. U .. BANKJoSMITHTOWN �- Medicated To You. Southold Planning Board page 2- August 19, 2005 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 100311, continued It is a condition of this Irrevocable Letter of Credit that it shall be deemed automatically extended without amendment for additional one year periods from the present, unless forty- five (45)days prior to any such date,we shall notify you in writing by certified mail the above listed address that we elect not to consider this Letter of Credit renewed for any such additional periods. This Letter of Credit sets forth in full the terms of our undertaking and such undertaking shall not in any way be modified, amended or amplified by reference to.any document or instrument referred to herein or in which this Letter of Credit relates and any such reference shall not be deemed to incorporate herein by reference any document or instrument'. Except as otherwise expressly stated herein,this Letter of Credit is subject to the laws of the State-of New York including the Uniform Commercial Code and the Uniform Customs,and Practice for Documentary Credits(1993 Revision), International Chamber of Commerce Publication No. 500. Very truly yours, BANK OF ITHTOWN f by: Robert J.4nr1b. Executive vice President and Chief Lending Officer 2. • Founded 1910• Ot/bf CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFTNG AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 - E-mail: charles.cuddy@verizon.net December 23, 2014 James A. Richter,R.A. Engineer Office of the Engineer �,n Town of Southold E C u PO Box 1179 Southold,NY 11971 SEC 2 g 2014 Re: Cove Beach Estates,LLC Southold Town SCTM 1000-22-3-9.1, 18.1, 18.7, 18.8 Planning Board Dear Mr. Richter: Please advise if you had an opportunity to inspect the Cove Beach Estates property in accordance. with our letter of October 23, 2014, which is enclosed. Very truly yours, Charles R. Cuddy CRC/ik cc: Heather Lanza, Planning Director , 1 October.23,.2014 James A. Richter,R.A. Engineer Office of the Engineer Town of Southold PO Box 1,179 Southold,NY 11971 Re: Cove Beach Estates,LLC SCTM 1000-22-3-9.1, 18.1, 18.7, 18.8 Dear Mr. Richter: The owner of Cove Beach Estates subdivision at East Marion has requested that you complete an inspection of the road at this site so there will be a current report recommending a reduction of the Letter of Credit. Please note that I have a key to the new gate which has been erected, if that will assist you in accessing the site. Very truly yours,. Charles R. Cuddy CRC/ik MBANKJoSMITHTOWN D dboWd firb,,. /00 Motor Parkway Sixth Floor,Suite 160 Hauppauge,NY 11788 Tel:(631)360-9303 Fax: (631)360-9410 August 19,2008 Office of the Town Clerk Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold,NY 11971 Subject: Performance Bond Cove Beach Estates LLC East Marion,NY Dear Sirs, As per our original agreement,please note that the above referenced Letter of Credit #100311 has been extended to August 19,2011. Patricia Del Bene Administrative Assistant • Founded 1910 BANK f�MIl . i i C]WN Dedicated tG Vou. 100 Motor Parkway Sixth Floor, Suite 160 Hauppauge, NY 11788 Tel: (631)360-9303 RECEIVED Fax: (631)360-9410 AUG 2 1 2006 August 19, 2006 Office of the Town Clerk Southold Town Clerk ' Town of Southold Town Hall ` z 53095 Main Road '' E P.O. Box 1179 Southold, NY 11971 AUG 23 2006 Subject: Performance Bond Cove Beach Estates LLC East Marion, NY Dear Sirs, ::.,. : "•.�4.,:a:,�,..�..«.,...,_... As per our original agreement,please note that the above referenced Letter of Credit#100311 has been extended to August 19, 2007. age Cory Ewald Adm ' trative Assistant • Founded 1910 L RESOLUTION 2005-594 ADOPTED DOC ID: 1166 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2005-594 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 27,2005: RESOLVED that the Town Board of the Town of Southold hereby amenft the Irrevocable Luer of Credit Number 100311 issued by the Bank of Smithtown jn the amount of$705.710 for the proposed Major Subdivision of Cove Asch Estates located at FAIL Marlon New York,SCTM @1000-22-3- 9.1, 18.1 & 18.8,as a subsdttte for and release the a 'i anal Letter of Credit Number Y034116 issued by UBS AG in the amount of$705,710 that was approval by Town Board Resolution No.496 of 2004. The substitution is requested by the applicant,Southold Town Planning Board recommends approval of the substitution,and is subject to the approval of the Town Attorney. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: John M. Romanelli,Councilman SECONDER:William P. Edwards,Councilman AYES: Edwards,Ross,Wickham,Romanelli,Evans,Horton 11M A. U➢I)I.VISION e _ Complete application received YLeld map received +001 Application i eviewed at work session 6K � uot OK !, Applicant advised of necessary revisions Revised submission received ro: n Sketch plan approval - Y --- - -with conditions 1 , Lead Aguncy Coordination SEQRA determinagion f tr"- zo Preliminary maps received Preliminary maps reviewed at work session ��"ro` K ��. 6 I7 —unc OK -revisions n INro. Road profiles/drainage submitted 1 (p . ro.t' l)K 1 l v ® .OK -revisions f-t AW t 3 Road profiles/drainage reviewed be Engineer -r — ixrv. OK O Sent to County Planning Commission f AW a n' Receipt of County Planning Report nro. OK - Review of SCPC report ' 1 p Preliminary hearing Preliminary approval o� I -with conditions e. M -9 's a ' Sent to Fire CommissionerdUt r: ? - E Receipt of firewell location F 1 Notification to applicant to include on final map Ch1 ap EFANq V) Draft Covenants and Restrictions receive nro: OK �,ifr o 5-� C)� � I FAM Draft Covenants and Restrictions reviewed �11Je''v` � Ka�j�ixCovenants .t OK Q Filed Covenants and Restrictions received ;:.9. E/) n 1 H� Bond estimate submitted r. 6 Bond adopted by PB 76zrl716.00 l aIle Q Bond adopted by TB Payment of bond Payment of inspection fee 'A�,IuIi - a 4 u.+ uetcrruination of park&playground fee ' 40 frt. Park &playground fee adopted by TB ? Payment of park &playground fee Zle 0� Open Space documents I, Documents reviewed byTA ,Nro. OK 1 Receipt of mylars and paper prints with �L II Health approval Final Public Hearing fc1.A 1, p Approval of subdivision N -with conditions Endorsement of subdivision CR PLANNING BOARD MEMBERS OSufFo1A'� V 13ENNETT ORLOWSKI,JR. Town`. _ Chairman O C Southol. NVn.LLk%1 J. CREMERS W '? Telep, EF.NNETH L.EDN'VAR.DS _ _ GEORGE RITCHIE I.ATHA1A4,JR. RICHARD CAGGLANO I ' i PLANNING BOARD OFFICE TOWN OF SOUTHOLD A:•IENDED FINAL Subdivision Application Form i i 1 Name of Subdivision: pap of Cove Beach Estates, LLC Suffolk County Tax Map# 1000- 22-3-9. 1 1000-22-3-p/o 18. 1 1000-22-3-18.7 Type of Subdivision: 1 JQ NhilOr Set-Off Lot-Line Cluster Subdivision: Yes No Hamlet: East 2,1arion Street Location: North side of NYS Rt. 25 approximately 1,776 feet east of Stars Road Acreage: 104.3532 Number of Lots: 12 Zoning District: P-80 Date: Plarch 22, 2002 Please list name, mailing address, and phone number for the people below: ' Applicant: CQ li�ach Fstates, LLC i I — i I I Agent handling the application: Charles R. Cuddy, Esq. (Contact Person) PO Box 1547 Riverhead, NY 11901 Cove Beach Estates, LLC Property Owner(s): _— _ _ � c/o Interpool, Inc. 633 Third Avenue, 17th fl. New York, NY 10017 Surveyor: Young & Young 400 Ostrander Ave. Riverhead, 14Y 11901 Engineer: Thomas Wolpert Young E' Young 400 s n er�ec .— -- ,rverhea3' Hy 11981 — Attorney: Charles R. Cuddy, e.sq. PO Box 1547 Riverhead, :JY 1.1901 OtherAgent(s) Enzo Morabito c/o uUnemere socia es —GB t Seathainptgn, NY 1196B Has this property had a previous application to tire-Planning Board? les��) No Has this property pre-,dously received a SEQRA review9 Yes No° Have you had any pre-submission conferences with the.Planning Board" Yes No Does this application have variances from the Zoning Board of Appeals? Yes l Appl_ No. _ Date _ --- Is this property adjacent to any bodies of water? Y`es No � a Ai e there any wetlands on the property? Yes No Are there public water mains in an adjacent street? Yes No ;i Is public imater proposed for the subdivision? Yes o Is the majority of the property forested? Yes No Is any part of the property in active agricultural use Yes No Is there an existing or proposers sale of development rights on the property? Yes ONTO Is there a mortgage on the property? Yes No Does the owner own any adjacent properties? Yes No Principal of CoveTeach Estates has interest in adjoining properties Are there any building permits currently pending, on this property? Yes GCGC)) o ) Signaiure of Preparer Date March 22, 200' Charles R,-Cuddy Lf� i g Cove Beach Estates, LLC c/o Interpool Inc. 633 Third Avenue, 17'floor New York, NY 10017 i March 21, 2002 -3- Raoul Wttteveen, owner of the property at SCTM#1000-022548.1, 18.7, 18.8 and 9.1 in East Marion, New York, hereby authorize Charles R. Cuddy, Esq., to act as my agent and handle all necessary work involved in the subdivision process j• with the Southold Planning Board. Co v a tes, LLC By: 1 veer, President Sworn to before me thisA? day of March, 2002. Notary Public DENISE MASIELLO Notary Pucllc. 5;2'e c. New York Cc'S. Fina- _ ',' `:� Ccunty��✓ Ccrnmis c - -1, 20— p, e 14-16-2 (9/95)-7c 617.20 SEAR. { Appenft A State EnvlronmentalQuallty Review FULL ENVIRONMENTAL 'ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant.The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureabie. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental ii analysis.In addition,.many who have knowledge in one particular area may not be aware of the broader concerns affecting ' the question of'sigo)ficance. The full fAF iF intended to provide a method whereby applicants and agencies can be assured that the determination process hasb'eea olderly:,comprehensdvein nature,yet flexible enough to allow introduction of information to fit a project 1 or action. - - Full EAF Coinponerits: The fuIIEAF-is comprised of three parts: Wait(1: Provides objective data and information about a given project and its site. By identifying basic project fidafa, it assists a reviewer in the analysis that takes place in Parts 2 and 3. ,Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as'to whether an impact is likely to be considered small to moderate orwhether it is a potentially- j large impact The form also identifies whether an impact can be mitigated or reduced. { Part 3: if any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. I I D15TERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions de°tify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 ❑Part 3 Upin review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, Is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for.this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' ❑ C. The project may result In one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date PART 1—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effe on the enviro-invent. Please complete the entire form, Parts A through E. Answers to these questions will be consider( as part of the application for approval and may be subject to further verification and public review. Provide any addition information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not invol new studies, research or-investigation- If information requiring such additional work is unavailable,so indicate and speci each instance. NAME OF ACTION LOCATION OF ACTION(Include Street Address, Municipality and County) S Route 25; East Marion„ To,�m Of Sout Qld County _ NMAE OFkP.PLICANTISPONSOR BUSINESS TELEPHONE GOVe Beach Estates:, P1,C f212'I 1 - v 1 ADDRESS c/o Ititexpool, Inc. , 6,33. Third Ave. 17th Floor u--- STATE ZIP CODE Yorlt '.'£IAKfE:-p(t<OWNER of different) BUSINESS TELEPHONE 2A %31 ) 09 • f•I`DRES$ PO Bqx ,1547 clTrmo STATE ZIP CODE ; erhead RP10NO F ACTION 12-lot subdivision with 213 of land preserved through Conservation Deed, Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑(7rban ❑Industrial ❑Commercial ❑Residential(suburban) ❑Rural(non-fz ❑Forest ❑Agriculture . nOther Vacant - coastal - gartinlixT r -=8a 2. Total acreage of project area: 104.35 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETIOI Meadow or Brushland(Non-agricultural) 20,66 acres 17.74 acre Forested (wooded) 66.76 acres 58.00 acr( Agricultural (Includes orchards, cropland, pasture, etc.) 0 acres 0 acr( Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) �— acres acr( Water Surface Area 0 acres 0 acre Unvegetated (Rock, earth or fill) beach, bluff 9.31. acres 9.31 act, Roads, buildings and other paved surfaces 0 acres 'A ar; act Other (Indicate type) lawns and landscaping 0 acres 7.72 act 3. What is predominant soil type(s) on project site? Pl B.- Plymouth loamy sand a. Soil drainage: ®Well drained SO % of site RModerately well drained . 20 % of site ❑Poorly drained % of site b. if any agricultural land Is involved, how many acres of soil are classified within soil group 1 through 4 of the Land Classification System? 4--acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings oyrroject site? ❑Yes ®No a. What ?s depth to bedrock? / - (in feet) 2 5. Approximate percentage of proposed project site with slopes: K10-10% - % 010-15% % -015% or greater % 6. Is project substantially contiguous to. or contain a building, site, or district, listed on the Stateor the National Registers of Historic Places? Dyes nNO 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes 50 No 8. What is the depth of the water table? _'0zZ(in feet) 9. Is site located over a primary, principal, or sole source aquifer? Utes ❑No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Dyes DNo 11. Does project site contain any species of plant oe animal life that is identified as threatened or endangered? ❑Yes KINo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (Le., cliffs, dunes, other geological formations)- Dyes nNO Describe 13. Is the project site�r. presently used by the community or neighborhood as an open space or recreation area? 6 ❑Yes 1NO If yes, explain 14. Does the present site include scenic views known to be important to the community? Dyes L]No 15. Streams within or contiguous to project area: None a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name L.I. Sound, wetlands at Dam Pond b. Size (In acres) 17. Is the site served by existing public utilities? IRYes ❑No a) If Yes, does sufficient capacity exist to allow connection? ®Yes ❑No b) If.Yes, will improvements be necessary to allow connection? ❑Yes DNo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 3041 Dyes [9No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? Dyes IRINo ' 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes QNo B. Project Description 1. Physical dimensions and scale of project(fill in dimensions as appropriate) a- Total contiguous acreage owned or controlled by project sponsor 104 acres. b. Project acreage to be developed: 38 acres initially; 38 acres ultimately- c. Project acreage to remain undeveloped 66 acres- d. Length of.projec4 in miles: --- (if appropriate) e. if the project is an expansion, indicate percent of expansion proposed -- %; f. Number of off-street parking spaces existing -- proposed 24 . g. Maximum vehicular trips generated per hour 5 (upon completion of project)? h- If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 12 Ultimately 12 I. Dimensions (in feet) of largest proposed structure 351 height; 50' width; 60' length. j. Linear feet of frontage along a public thoroughfare project will occupy is? S7 fL 3 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? N/A Mons/cubic yards 3. Will disturbed areas be reclaimed? -MYes ONO ❑NIA a. If yes, for what intended purpose is the site being reclaimed? To faci±hate the proposed improve— b. Will topsoil be stockpiled for reclamation? )Yes ONO meets c. Will upper subsoil be stockpiled for reclamation? ]Yes ONO 11.68 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? a . _ acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? OYes ONO 6. If single phase project: Anticipated period of construction 24 months, (including demolition). _ 7. If multi-phased: NSA a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? OYes ONO B. Will blasting occur during construction? OYes MNO 9_ Number of jobs generated= during construction 10 ; after project is complete 0 10. Number of jobs eliminated by this project 11_ Will project require relocation of any projects or facilities? Dyes ONO If yes, explain 12. Is surface liquid waste disposal involved? OYes ))No -- -- - a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? Dyes ONO Type Sanitary 14_ Will surface area of an existing water body increase or decrease by proposal? OYes bNo Explain 15_ Is project or any portion of project located in a 100 year flood plain? Elves ONO 16. Will the project generate solid waste? JJYes ONO a. If yes, what is the amount per month3'96 tons b. If yes, will an existing solid waste facility be used? 5MYes ONO c. If yes, give name Southold Tranefor ct,t.op ; location Cutchogue d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? OYes ONO e_ If Yes, explain Materials TP—Tet from tLp wpstestreata t_.- ___ di Y 5 17_ Will the project involve the disposal of solid waste? uYes ONO a. If yes, what is the anticipated rate of disposal? NSA tonstmonth. b. If yes, what is the anticipated site life? NSA years. 18. Will project use herbicides or pesticides? ®Yes ONO i.e. lawn care 19_ Will project routinely produce odors (more than one hour per day)? ❑Yes 12No 20_ Will project produce operating noise exceeding the local ambient noise levels? OYes [RNo 21. Will project result in an increase in energy use? k7Yes ONO If yes , indicate type(s) electrical 22_ If water supply is from wells, indicate pumping capacity 5 gallons/minute. 23. Total anticipated water usage per day 3,600 gallons/day. 24. Does project involve Local, State or Federal funding? OYes ONO If Yes, explain 4 " 25. Approvals Required: submittal Type Date City, Town, Village Board ❑Yes [-]No City, Town, Village Planning Board `]Yes ❑No Town Planning Board x+702-- 1 City, Town Zoning Board Dyes ❑No City, County Health Department )-{]Yes ❑No get-bd.P; Q:inA a-ppge�ral 4/02 I Other Local Agencies Dyes ❑No Other Regional Agencies ❑Yes ❑No State Agencies Dyes ONo Federal Agencies Dyes ONO C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? XRYes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit XMsubdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? R-80 3. What is the maximum potential development of the site if developed as.permitted by the present zoning? 41 35-50 2—acre rpsirlpntial citps I` 4- What is the proposed zoning of-the site? same 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? same 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? XlYes ONO 7. What are the predominant land use(s) and zoning classifications within a 1/. mile radius of proposed action? residential, 8. Is the proposed action compatible with adjoininglsurrounding land uses within a '/. mile? X13Yes ONO 9. If the proposed action is the subdivision of land; how many lots are proposed? 12 a. What is the minimum lot size proposed? 801000 sq. ft. 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes Flo 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? -Byes ONO a. If yes, is-existing capacity sufficient to handle projected demand? Ryes ONO 12. Will the.proposed action result in the generation of traffic significantly above present levels? Dyes ONO a. If yes, is the existing road network adequate to handle the additional traffic? Dyes ONO D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/S/p/oft r Name Cove Beach Estates, ". Date i• /3/n7 Signature ' ? a2n�i� Title Prof. Engineer, Young & Young If the action Is In the Coastal Area,and you are a stale agency,complete (he Coastal Assessment Form before proceeding with (his assessment. 5 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT4 ,1 J0 { Date: 05/20/04 j Recei 0321 Seutnold Tavm t Pis'l Subtotal Transaction(s): a 1 Inspection $42,342.60 Check#: 1032 Total Paid: $42,342.60 R J 1 i I Name: Cove, Beach Estates Lie 633 3rd Ave, 17th FI New York, NY 10017 Clerk ID: LINDAC Internal ID:94304 Town Of Southold P.O Box 1179 0 Southold, NY 11971 * * * RECEIPT date- 03/29/04 Receipt#: 1026 Transaction(s): Subtotal 1 Park R Playground $60,000.00 Check#: 1026 Total Paid: $60,000.00 f rr..� — �'�f �..r Er•,� _ J Zl J'• to h ,I Name: Cove, Beach Estates Llc i Clerk ID: BONNIED Internal ID:91422 r f 8 z i C pF i r PLEASE SEE FILE #2 CHARLES R.CUDDY 1TTORNEI AT LAR 445 GRIFFING AVENUE RIVERHEAD,NET YORK DiailrnE��d�es TEL: (631)369-8_'00 P.O.Bob 154"! FX: (631)369-9080 Ri,erhead,NI 11901 E-mail: charles.cuc!JNCd vexizon.net March 2, 2004 Mr. Mark Terry ECM � � � E Southold Town Planning Department D l+� Southold Town Hall 53095 Route 25 5 2004 P.O:Sox 1179 Southold, NYC 11971 Southold Town Re:. Cove;$each Estates, LLC with Peconic Land Trust, Inc. Planning Boa �'CT'*01000-22-3-9.1., 18.1, 18.7, 18.8 Dear-Mr- Terry= In accordance with your request we are enclosing the following Deeds: 1. D ced of Conservation Easement dated December 23, 1995 1'Amendment of Deed of Conservation Easement dated December 18, 1996 3. Deed of Conservation Easement dated December 29, 1997 Please advise if any additional information is required. Very truly yours, Charles R_ Cuddy CRC:ik Enclosures cc: Valerie Scopaz P.S, We will shortly forward to you the final Deed of Conservation Easement, affecting lots 11 and 12, which is being recorded. lloxtq 5 eliku 91�i11S'l' BI: .1.1:1 011 PRINTED IN IJLAC.1(.INK Uti�' 1'RIOk fCP1 CCOlIU1N•G OI011ilti1 1 §1!1 1 Of.l( COUN'I'1' CLCIiI( z 19237' 3 118U8 PX6, 1RECEIVIE UP# _r Numbcrof.Pa& . . L4 $REALE TORRENS �;�`, . , � C7 ITEC 31 19 Serial# ' TRA'NV SFER TAX —1 t Certificate# SUFFOLK 92 COUNTY Prior f# peel I Mor`tgase Idsttumdnht Deed I Mortgage Tax Stamp Recording 1 Fi[mg Stamps. 4 FE,E$ Page f Filing Fee . d Mortgage Anda i Handling I. Basic Tax TP-584 2. SONYMA Notation // Sub Total EA-5217(County) Sub Total 3. Spec./Add. EA-5217(Slate) TOT.MTG. TAX R.P.T.S.A. 23 Dual Town_Dual County_ Held for Apportionment_ Comm. of Ed. 5_._811_ Transfer Tax Affidavit Mansion Tax _ Certified Copy The property covered by this mortgage is or will be improved by a one or two Reg. Copy _ Sub Total . ;' Cf family dwelling only. /' YES_ or NO Other - GRAND TOTAL [� C) If NO,see appropriate tux clause on page# of this instrument. Real Property Tax Service Agency Verification :� �`' Title Company Information Dist Section Block Lot 1000 022 . 00 03 . 00 015 . 001 all], 1000 022 . 00 03 . 00' 018 . 003 Company Name ! - Title Number FEE PAID BY: HARECUDDY, ES . `'. Cash_Check_Charge 445 GRIFFING AVENUE Payer same as R& R_ P.O. BOX 1547 RIVERHEAD, NY 11901 OR: RECORD & RETURN TO 9' Suffolk County Recording & Endorsement Page This page forms part of the attached 'DEED OF EASEMENT made by: (Deed, Mortgage, etc.) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. Raoul J . Witteveen TO IntheTOWNof Southold Peconic Land Trust , Incorporated In the VILLAGE orIIAMLETof East Marion se f I-VI AMENDMENT OF DEED OF CONSERVATION EASEMENT E1 1 THIS AMENDMENT OF DEED OF CONSERVATION EASEMENT,is made on the&' day of December, 1996:at Southampton, New York. The parties are RAOUL J. WITTEVEEN, residing at 368 Daniels Cane, Sagap'onack, New York 17962 (herein called the "Grantor"),; and the PECONIC LAND TRUST,:INCORPORATED, a not-for-profit New,York Corporation, having a Principal office at 296: Frampton Road (P.O. Box 2088), Southarnpton, New York 11969 (fterein'•call@d` "Grarttee'�. 'INTRODUCTION: WHEREAS, the Grantor is the owner inlfee simple of approximately 98.38 acres of real property located in the Town of Southold, Suffolk County, New York, known as Final Plat of Map of Cove'Beach Estates, dated November 27, 1996, hereinafter,more fully described in Schedule A attached hereto, and Other described as part of Suffolk County Tax Map Parcel Numbers 1000-27-3-15.1 and '18-3, and hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the-R-80 Zone which is included in the Agricultural Conservation District of the.Town of Southold which ,designation, to the extent possible, is intended,to prevent the ,unnecessary loss of those currently open lands which contain prime agricult'Gral soils as outlined in the Town of Southold code, Section 100-30; and WHEREAS, the Grantor has granted to the Grantee, a Conservation Easement dated December 23, 1995, and recorded on December 29, 1995 in the office of the Suffolk County Clerk as. Libor.11756,page 282 and known as the 1995 Easement; and WHEREAS, the 1995 Easement reduced the density of the Property from a yield of thirty four(34) to twenty six (26) single-family residences; and WHEREAS, the Grantor wishes to amend the 1995 Easement on the 98.38-acre parcel of Property in order to further achieve the conservation purposes as set forth in the 1995 Easement by reducing the density of the Property to permit not more than seventeen (17) single-family residences with appurtenant structures and improvements; and thereby increase the Open Area by 10.59 acres, more fully described in Schedule B attached hereto„ (total Open Area to equaLa4G�:4�-cres) and to reduce the Development:Area by 10.59 acres, more fully described in Schedule C attached hereto, (total Development Area to equal":151 Q1 aces), so that a substantial portion of the Property shall remain in its open, undeveloped, and scenic state; and NOW THEREFORE: 0.01 Grantor's Warrant Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in SCHEDULE A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a qualified not-for-profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, and any amendatory or supplemental legislation (herein called "the Code"), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique. environmental, agricultural, scenic and natural values of rural lands located in Suffolk County of Long Island. 0.03 Purpose The parties reiterate the environmental, scenic, open space and agriculturaf values of the Open Area as set forth in the 1995 Easement. This Deed is intended to amend the 1995 Easement on the Property by Grantor to Grantee, exclusively for the purpose of perpetually Preserving its open space character for environmental, scenic, agricultural and natural values, by increasing the size of the Open Area and reducing the density of permitted development, in 1 furtherance of federal, New York State and local conservation policies. 0.04 Government Recognition New York State has recognized, the importance of private efforts:to preserve rural land . in a scenic, natural.and'gpen condition through conservation restrictions'by enactment of Environmental Conservation Law, Section 49-0301, et. seq. and General Municipal Law, Section 247_ Similar;recngnition by the federal government includes Section 170(h) of tile Internal Revenue Codeend-other federal statutes. 0.05 Grantee's: Warrgniv_ Grantee warraVs';and represents that it possesses the intent and ability to enforce the terms of this amendment to conservation easement on the Property, and the .1995 Easement .itself, As determined;by, its Board of Directors;. at a duly; constituted meeting of that.Board on August 12, 1996 �aniiy3hat the Property ,satisfies' the criteria adopted by Grant relating to the quality and characterislibsi of open land that,should be protected and maintained as open land. 0,06 Documentation Both the Grantor and the Grantee acknowledge that the condition of the Property has not changed since the:granting of the 1995 Easement and that any and all documentation given pursuant thereto is sail relevant and applicable to this amendment. 0.07 Recitation In consideration of the previously recited facts, mutual promises, undertakings and forbearances contained in this amendment, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This Deed conveys an amendment to a conservation easement ( herein called the 1995 Easement). The 1995 Easement is hereby amended as provided in Section 8.02 in the 1995 Easement to further its conservation purposes. All of the terms of the 1995 Easement except those specifically amended herein, shall remain in full force and effect- Reference to the "1995 Easement" or its "provisions" in this Deed shall include any and all of those covenants, restrictions, rights, terms and conditions and are incorporated herein- 1.02 Duration This amendment to the 1995 Easement shall be a burden upon and run with the Property in perpetuity- 1.03 Effect The covenants, terms, conditions, restrictions and purposes of this amendment to the 1995 Easement shall run with the Property as an incorporeal interest in the. Property, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to.and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns and all other individuals and entities. Any rights, obligations, and Interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors,and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. Any rights, obligations and interests herein granted by Grantor shall also be,deemed granted by each and every one of its subsequent agents, successors and assigns, and the word "Grantor" when used herein shall include all of those persons or entities. 2 Fes• ARTICLE TWO GIFT GRANTOR hereby voluntarily grants, releases and conveys to Grantee, as an absolute gift, the interests set forth-in this Amendment to Conservation Easement in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Amendment to Conservation Easement in perpetuity, and undertakes to enforce it against. Grantor and all future owners,_tenants, occupants, assigns;and_'possessors of said Property. ARTICLE THREE PROHIBITED ACTS From and after the date of this Deed of Amendment to Conservation Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property to the extent inconsistent with the 1995 Easement or this amendment of the 1995 Easement: 3.01 Subdivision The subdivision or partitioning of the Property without the prior written consent of the Grantee, which shall be granted if that subdivision or partition does not defeat or derogate from the purposes of this Easement. In no event shall the Development Area be,subdivided into more than seventeen (17) single-family residential lots as provided in Section 4.01 hereof, and none of the 17 lots shall befurthersubdivided in perpetuity unless the lot lines merge. Any changes in lot lines subsequent to final subdivision approval must ba authorized by the Town of Southold Planning Board. 3.02 Development Rights. The use of the acreage of this Property burdened with this Easement for purposes of calculating lot, yield on any other property: Grantor hereby grants to Grantee all residential development rights (and any further development rights that may be created through a re- zoning of the Property) on the Property,. ,and the parties agree that such rights shall be terminated and extingulshed and may not be.used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4-01 Structures A. Allowable Residential Improvements. Paragraph 4.06A of the 1995 Easement is hereby amended to provide that Grantor shall have the right to construct no more than seventeen (17) single-family residences with appurtenant structures and improvements reasonably necessary to serve such residences including, without limitation, driveways, garages, storage sheds, septic systems and leaching pools, swimming pools, pool houses, tennis courts, or other family-scale athletic facilities. All such residences, structures and improvements shall be constructed, maintained and replaced within the Development Area. Clearing and grading within each residential lot shall be limited to that necessary for siting, constructing, renovating, expanding, converting or replacing the residences and appurtenant structures and improvements with the intent of preserving as much of the natural.vegetation on the site as possible,and minimizing storm water runoff and erosion. No storm water.,runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. i 3 IN WITNESS WHEREOF, Grantor has execs led rand delivered and GEantee has accepted and received this Deed of Am�ndrnenl to Con,, rrafinn P.Isr.•Inrnl on the dayantfyeaf set#firth 'above. ' ACKNOWLEDGED AND ACCEPTED: BY: Rag r'.1; Witlev4eh (Grantor) /J ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST (Grantee) BY: v.l� / h v.H. Halsey Its President STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On this day of December, 1996, before me personally appeared Raoul J. Witteveen, who, being by r1Se duly sworn, said that he resides at 368 Daniels Lane, Sagaponack, New York 11962.' Grantor mentioned and described in, and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same . Notary Public CHARLES R.CUDDY Notary Public.State of NOW York *% STATE OF NEW YORKNo.5872225 Qualified in Suffolk county COUNTY OF SUFFOLK ) SS.: Commission Expires December 31,19 On this 10 day of December, 1996, before me personally appeared JOHN v.H. HALSEY, who, being by me duly sworn, said that he resides at 469 Majors Path, Town of Southampton, New York, that he is President of PECONIC LAND TRUST, INCORPORATED, the Grantee mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conSeyed therein; and that he signed his name thereto by authority of the Board of Directors of the said Corporation. Notary Public MELANIE A.TEBSENS Nofery Public.State of New York No.01TE5035908,Suffolk County Schedule A: Metes and,Bounds Description of the Property_ ComminionExpires November 14, 199 6 Schedule B: Metes and Bounds Description of the Open Area. Schedule C: Metes and Bounds Description of the Development Area. 4, estNASD:ULE : A November 27, 1996 '— Cove Beach Estates of East Marion, Town of Southold. New York S.G.T_M. No.: lobo 22-345.1 & 1000-22-308.3 Surveyor's Description - Entire Parcel- ALL that.certain plot, piece, or parcel.oflland, with the buildings and improvements fhe�eon erected,.situate; lying' grid being at Easf`Mahon; Town'of Southold, Countyof Suffolk and State df New York, bounded.'and described as follows: , BEGINNING at a point on the northerly side of Main Road at the southeasterly corner of land now o `,r formerl Frank R_ being situate 1776 feet easterly as measured along the northerly s die of Man Road id t from the,intersection of the northerly side of Main Road and the easterly side of Stars Road: RUNNING thence from said point of beginning along land now or formerly Frank R. Russel and. Others the following four(4) courses and distances: 1. North 23 deg. 22 min. 16 sec. West 211.37 feet, 2 South 60,deg. 31 min. 44 sec:,West 27.55 feet, 3. North,25ideg. 15 min. 16 sec.,West 402.42 feet, 4. South 72'deg. 32 min. 04 sec. West 52.24 feet to land now or formerly Ronald Edeen, Jr. and Barbara Edeen; RUNNING thence along land now or formerly Ronald Edeen, Jr. and Barbara Edeen the following two (2) courses and distances: 1. South 77 deg. 58 min. 14 sec. West 155.85 feet, 2. South 74;,deg. 31 min. 54 sec. ,West 59.26 feet to land now or formerly Frank E. Begora, Jr. and Iris R. Begora; RUNNING thence along land now or formerly Frank E. Begora, Jr. and Iris R_ Begora the following two (2) courses and distances: 1. South 78 deg. 29 mina 54,sec. West 295.42 feet, 2. South 27 deg. 28 min. 06 sec. East 11.58 feet to land now or formerly Myron B. Brown; RUNNING thence South 76 deg. 28 min. 04 sec. West along land now or formerly Myron B. Brown 180.74 feet to land now or formerly John Psaroudakis and Luz Psaroudakis; RUNNING thence North 24 deg. 08 min. 36 sec. West along land now or formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E. Cook 932.76 feet to a point; RUNNING thence South 65 deg. 51 min. 24 sec. West still along land now or formerly Dorothy E. Cobk 137.75 feet to the easterly side of a certain 16 foot wide right-of-way through land now or formerly Dorothy.E. Cook; RUNNING thence along the easterly side of said right-of-way the following two (2) courses and .distances: 1. North 24 deg. 41 min. 56 sec..West 529.80 feet, Page 1 2. North 23 deg. 47 min. 16 sec. West 269.74 feet to a point, RUNNING thence still along, land now or.formerly Dorothy E. Cook the fallowing three (3) courses and di§tanaes: 1- North 65,deg. 51 min. 34 sec. East 141.21 feet, 2. North 244eg. 08 min. 36 sec. West 206-00 feet, 3. North 25"�eg. 26 min. 56 sec..West 3 11.78 feet to land now or formerly Otto UK Jr. et @I.; RUNNING Nhehce along land now or formerly Otto Uhl, 16 Jr. et el. North 69 deg. min:'04 sec. Easf"156;76 feet to land,now or formerly Constance J. Terry; RUNNING thence along land now or formerly Constance J. Terry the following ten (10) courses and distances` I. South 25 dreg. 31 min. 36 sec. East 836.45 feet, 2. North 65 deg. 47 min. 54 sec. East 288.00 feet, 3. North 24 deg. 12 min'. 06 sec. West 176.10 feet, 4. North 24°deg. 38 min. 46 sec. West 113.47 feet, 5. North 231deg. 32 min, 36isec.'West 110.05 feet, 6_ North 2$'deg. 39 min: 46-sec. West 101.00 feet, 7. North 23'deg. 04 min. 56.sec. West 88.65 feet, 8. NortFi 26'deg; 21 min. 26'sec. West 100.90 feet, 9. North 28'1deg. 48 min. 16 sec. West 101.34 feet, 10. North 33"deg. 26 min. 56 sec. West 68.56 feet to land now or formerly Otto Uhl,{Jr. et al.; RUNNING ttfence along land now or formerly Otto Uhl, Jr. et al. the following four (4) courses arra distances: 1. North 61 '.deg. 22 min. 14 sec. East 97.62 feet,' 2. North 24 deg. 21 min. 26'sec. West 833.61 feet, 3. North 45 deg. 03 min. 26 sec. West 67.42 feet, 4. North 02 deg. 48 min. 04 sec_ East 527..67 feet to the approximate highwater.mark of Long Island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound the following fifteen (15)tie line courses and distances: 1. South 83 deg. 14 min. 46 sec. East 28.26 feet, 2_ South 62 deg_ 51 min. 09 sec. East 201.85 feet, 3. South 13 deg- 33 min. 58"sec`. East 39.20 feet, 4. South 41 deg. 24 min. 15,.sec. East 85.68 feet, 5. South 35 deg. 17 min. 27 sec. East 447.02 feet, 6. South 54 deg. 42 min. 50 sec. East 142.20 feet, 7. South 61 deg. 51 min- 04 sec: East 142.78 feet, 8. South 67 deg. 52 mina 44 sec. East 167.49 feet, 9. South 73 deg. 20 min. 32 sec. East 501.35 feet, 10. South 70 deg. 23'min. 39 sec. East 215.43 feet, 11. South 73 deg. 28 min. 00 sec. East 227.73 feet, 12. South 71 deg. 06 min. 21 sec. East 210.19 feet, 13. South 82 deg! 49 min. 39 sec. East 69.50 feet, 14. South 76 deg' 56 min. 14 sec. East 108.12 feet, 15. South 81 deg. 51 min. 42 sec. East 321.20 feet to land now or formerly Robert W. Gillespie, Jr. and David Gillespie; RUNNING thence along land now or formerly Robert W_ Gillespie, Jr. and David Gillespie South 06 deg. 24 min: 34 sec. West 198.78 feet to the approximate Page 2 highwater mark of Dam Pond; RUNNING• thence along the approximate highwater mark of Dam Pond the following thirty-three.k(33f tie line courses and distances: 1. South 69 deg_ 19 min. 53 sec. West 73:94 feet, 2. North 75.de`g: 37 min. 52sec. Vest 48`.78 feet, 3. North 87'deg. 59.min. 45 sec. West 56.54 feet, 4. North.89`deg' 33-min. 38 sec. West 37.38 feet, 5. Nort1163ideg:,46 min. 47 sec. West 46,02 feet, C bs 6. North 85 deg_ 42 min_ 49See 7_ North 66 dAg. 64 min_ 4`91e 8. Southi3,; erg:. 57 min,. 52 e st 18 7 ✓ eY - 9.. Sdufh,;t8"y8 42 min.02aec. st 11:0€OCG flet, 10_ North.PrPieg; 1,0 Min. 25zsdc .E�asf 8 79 feet, 11. So"ulh,,8 23 min. 13 sed `-asl B'F 33 fee[, 12. Soufh 24 f6 inin. 05 sec l=ast . 73. feet, 13. So 51'd .. 10 in, 46 °sec..West 49.25 feet, 14. So •3 �d : 3J min. 33 pec._East 5S 55 feet, 15. South 28�d , 04 min. 431Sec. est 53 42 feet, 16. Sou't�i s8" 54 min. 2'1'jjse!,c. , est 46.63 feet, 17. Nortel ? d 57 min. 36 sec. 4f.dsi 146 1,9 feet, 18. South 63 05 min. 10 sec. lest 64 l� feet, 19_ Soufh 04 . 5 min. I" 's 3c. West 73 3E feel, 20. S6UIh 23 16 min. 58soc 'East 58'. 0 feet, 21. South 55 48 min. 53 sec fast 32.6 feet, 22. North 65°116h! 48 min. 55 sec Rest 82,.9b feet, 23. South . 04 min. 56 soblia.st 68 A fe&t, 24_ North 6 , 39 min. 06 sic st 61 feet, 25. tltorth 14 46 min. 34 s c g, st 92 7 feet, 26. North 5.31 . 31 min_ 16 s:c st 24,3`3 feet, 27. South 67 39 min. 07 sec East 3:1 57 feet, 28. South 11 0,6 min. 27 sec -fest 49 feet, 29. South 19° 55 min. 03 sec. •Fest 110.6 feet, 30. South: 6 y �_ 63 min. 02 sec- ; est 48 8p feet, 31. SouCh 7 d§e . 01 min. 56 sec. ., est $1 , feet, 32. South:rn9 . 24 min. 50•sec. est 79 fee, 33_ South 16 48 min. 29 sec. est 20 +7 feet to land now or formerly Jdsepl Fri; eri`ek GazzB`; " RUNNING then along land`now offormerly Joseph Frederick Gazza , along land now or?fdrmerlry ernice Letlieri,along other lands now or formerly Joseph Frederick G 3zza, and along land now or1formerly Andrew Lettieri the following thirteen (13) Cour seJ,bnd.distances: 1. North 87 d . 08 min. 46 sec. Oest 103.77 feet, 2. North 00 r# . 35 min. 14 's'ec. East 1 9.00 feet, . 3. North 89`6e; 05 min. 36 sec. West 450.01 feet, 4. South 89[06g. 43 min. 34 sec. west 520.88 feet, 5. South 25kde1"'g. 30 min. 06 sec. `East 608.15'feet, 6. North 81`&b. 12 min. 16 sec. West 312.90 feet, 7. South 32°06g. 12 min. 06 sec. 'East 144.10 feet, B. South 27°dreg_ 1.0 min. 36 sec. East 71.14 feet, 9. South 27 dog. 49 min. 46 sec. East 111.96 feet, 10. South 25'&g 15 min. 36 sec. East 598.78 feet, 11. South 26 reg. 45 min. 36 sec. East 387.32 feet, 12. North 63 d6g. 01 min. 44.sec..East 23.10 feet, 13. South 25 deg. 30 min. 16 sec. East 242.90 feet to the northerly side of Main Roadh, Page 3 -RUNNING thence along the north''erly side of Main Road South 83 deg. 03 min. 14 sec. West 86:62`feet to the poirit`or'place of BEGINNING. CONTAINING.an area of 98.3783 Acres_ SUBJECT to all rights of way, ,easements and or covenants of record, if any. . Page 4 .,; r^S Cai tEr➢�LE;.B December 30, 1996 Cove Beach.Estates at.East Marion;:Town of,Southold, New York S.C.T_M_.No.: 1.000-22-3-15.1 & 1000-22-3-18.3 Surveyor's Description - Additional Open Area 1996 ALL thatcertain.plot, piece, or parcel,,-of land, with.the buildings and improvements thereon erected, situate ly-ing.and being at East Marion, Town of- Southold, County of Suffolk and State of New York, known and designated as Lots 15, 16, 17;23;,24,25, ,29i 30, and 31 as shown,,�pn Map,of Cove Beach Estates, last dated pecember.6, 1994 and prepared by Young and Young Land Surveyors, Riverhead New York,`more particularly bounded-and described as follows: Parcel 1 - Lots 15 and 16 BEGINNING at a'point on the easterly side of Sunset Lane adjoining.Lot 14, as shown on said Map; RUNNING thence from said point of beginning South 77 deg. 05 min. 16 sec. East along Lot 14,'as�shown on said Map, 267.62 feet to Open Space B, as shown on said Map; RUNNING thence along Open Space B, as shown on said Map, the following three (3) courses and distances: 1. South 29 deg'. 54 min. 57 sec. West 238.16 feet, 2_ South 48 deg_ 44 min. 55 sec. West 209.66 feet, 3. North 41 deg: 43 min. 51 sec. West 240.00 feet to the easterly side of Sunset Lane; RUNNING thence along the easterly side of Sunset Lane, the following two (2) . courses and distances: 1. North 56 deg. 14 min. 44 sec. East 44.51 feet, 2. On a curve to the left having a radius of 330.00 feet for a distance of 249.58 feet to Lot 14, as shown on said Map, and the point or place of beginning. CONTAINING an area of 89160 square feet or 2.0468 acres. i December 30, 1996 Page 2 I Parcel 2 -Lot 17 BEGINNING at alpoint on the southeasterly side of Sunset Lane adjoining Open Space B, as shown on said Map; RUNNING thence from said point of Ebeginning Snuth_41 deg. 43 min. 51 sec. East along Open,Space 3,,,6s shown on.sai.`d Map, 266.56feet to;a monument'and land now or Formerly Joseph Frederick Gazza; RUNNING thence South 64 Oleg. 27 min. 26 sec. West along Lot 18, as shown 4 on said Map, 237.671eet fo Cove Beach Drive; RUNNING thence along Cove-Beach Drive, the following three (3) courses and distances: 1. On a curve to the left having a radius of 805.00 feet for a distance of 115.37 feet, 2. North 33 deg. 45 min. 16 sec. West 75.00 feet, 3. On a curve-to the right having a radius of 40.00 feet for a distance of 62.83;feet to the southerly side of Sunset Lane; RUNNING lhenc4North 56 deg. 14 min: 44 sec. East along the southerly side of Sunset Lane 150.00 feet to Open Space B, as shown on'said Map, and the point or place of beginning. fCONTAINING an area of 51286 square feet or 1.1773 acres. Parcel 3 - Lots 23, 24, and 25 BEGINNING al a point on the easterly side of Cove Beach Drive adjoining Lot 26, as shown on said Map; RUNNING thence from said point of beginning. along Lot 26, 27, and Drainage Area B, as shown on said Map, the following four (4).courses and distances: f 1. South 89 deg. 45 min. 16 sec. East 210.00 feet, 2. South 14°deg. 45 min. 16 sec. East 100.00 feet, 3_ North 75 deg. 14 min. 44 sec. East 100.00 feet, 4. South 47 deg. 25 min. 09 sec. East 275.73 feet to the northwesterly side of Sunset Lane;. . I December 30, 1996 Page 3 RUNNING thence along the northwesterly side of Sunset..Lane, the following three-(3) courses and distances: 1. On a curve to the right having a radius of 280.00 feet for a distance of 112:40:feet; 2. South`_56deg. •14 min.44 sec:EWest24500feet,' 3. On a curve to,the right having a radius of 40. 00 feet for a distance of 62.83'fadt to the easterly side of Cove Beach Drive; RUNNItJG;thence along the easterly,side of Cove Beach Drive, the following two (2) courses and distances: 1. North 33 deg. 45 min_ 16 sec. West 189.96 feet,. 2- Qln a curve to the right having a radius of 545.00 feet for a distance of 323.41 to Lot 26, as shown on said Map, and the point or place of beginning_ CONTAINING an area of 149542 square feet or 3.4330 acres. Parcel 4 - Lots'29, 30, and 31 BEGINNING`at a point on the westerly side of Cove Beach Drive adjoining Drainage Area A, as'1shown on said Map;` RUNNING thence from said point of beginning South 56 deg. 14 min. 44 sec. West along Drainage Area A, as shown on said Map, 225.54 feet to a stake and land now or formerly'Constance J. Terry; RUNNING thence along land now or formerly Constance J. Terry, the following eight (8) courses and distances- 1. istances:1. North 24 deg. 12 min. 06 sec. West 176.10 feet, 2. North 24 deg. 38 min. 46 sec. West 113.47 feet, 3. North 23 deg. 32 min. 36 sec. West 110.05 feet, 4. North.25 deg. 39 min. 46 sec. West 101.00 feet, 5. North 23 deg. 04 min. 56.'sec. West 88.65 feet, 6. North 26 deg. 21 min. 26 sec. West 100.90 feet, - 7. North 28 'deg- 48 min. 16 sec. West 101.34 feet, 8_ North 33'deg. 26 min. 56 sec. West 68.56 feet to the northerly corner of ' I December 30, 1996 Page 4 land now or formerly Constance J. Terry; RUNNING thence North 15 deg. 49 min. 14 sec. East 62-15 feet to Lot 28 as shown on said Map; RUNNING thence South 79 deg: '16min. 30 sec. East along Lot 28, as shown on said Map; 321.32 feet,to the westerly side of Cove Beach Drive; RUNNING thence'piong the westerly side of Cove Beach Drive, the following two (2) .courses and distances: i 1. On a curve to the left having a radius of 595.00 feet for a distance of 461.90 feet, 2. South 33 deg_ 45 min. 16 sec. East 248.97 feet to Drainage Area A, as shown on said Map, and the point or place of beginning.. CONTAINING an area of 171623 square feet or 3.9399 acres. t SCHEDULE C December 30, 1996 Cove Beach Estates at East Marion, Town of Southold, N eW York S.G.T.K'No.: 1000-22 3-15.1 & 1060-22-,3-18.3 Surveyor's Description -Reduction in'Development Area 1996 ALL that certain plot;,piece, or p4cel of land, with the buildings and improvements thereod erected, situate; lying and being at EasCManon,Town of Southold,, Got rnty•of Silffglk�and State Of New Yo,rK known and designated as Lots 15, x 16, 17, 23;'24, 25, 29, 30, and 3l as slicrvn on Map of Gbc,e Beaclj Estates;last dated December B; 1991 and prep-u rd by Yoi.ingxand 1Ybung Laid SttrVeyors;Rivet ead, , 'New York, rmre parliculnrly bounded and descrf600._as fbildWs,,_ I Parcel 1 -Lots 15 and 16 BEGINNING at a point on the easterly side of Sunset Lane adjoining Lot 14, as shown on said Map;.• RUNNINGtherice from said point'of beginning South 77 deg_ 05 min_ 16 sec. East along Lot 14., as shown on said Map, 267.62 feet to Open Space B, as shown-an said Map; RUNNING thence along Open Space B, as shown on said Map, the following three (3) courses and distances- 1. istances:1. South 29 deg. 54 min. 57 sec. West 238.16 feet, 2. South 48 deg_ 44 min. 55 sec_ West 209.66 feet, 3. North 41 deg. 43 min. 51 sec. West 240.00 feet to the easterly side of Sunset Lane; RUNNING thence along the easterly side of Sunset Lane, the following two (2) courses and distances: 1. North 56 deg. 14 min. 44 sec. East 44.51 feet, 2. On a curve to the left having a radius of 330.00 feet for a distance of 249.58 feet to Lot 14, as shown on said Map, and the point or place of beginning. CONTAINING an area of 89160 square feet or 2.0468 acres. i December 30, 1996 :. Page 2 Parcel 2 - Lot 17 BEGINNING at a point on the southeasterly side of Sunset Lane adjoining Open Space B, as shown on,said Map; RUNNING thence from said point of beginning South 41 deg- 43 min. 51 sec. . East along 'Open Space B; as� shown on said Map, 266.50 feet to a monument and4and now orformerly Joseph Frederick Gazza; RUNNING thende South 64 deg: 27 min. 26 sec. West along Lot 18, as shown on said Map, 237.67 feetJo Cove Beach'Drive; I RUNNING thence along Cove Beach Drive,.the following three (3) courses and distances: 1•. On a curve to the left having a radius of 805.00 feet for a distance of 115.37 feet, 2. North 33 deg. 45 min. 16 sec. West 75.00 feet, 3. On a curW to the right having:a radius of 40.00 feet for a distance of 62:83 feet to the southerly side of Sunset Lane; RUNNING thence North 56 deg: 1 min. 44 sec. East along the southerly side of Sunset Lane 150.100,'feet to Open Space B, as shown on said Map, and the point or place of beginning. CONTAINI'NG.an area of 51286 square feet or 1.1773 acres. Parcel 3 - Lots 23, 24, and 25 BEGINNING at a point on the easterly side of Cove Beach Drive adjoining Lot 26, as shown on said Map; RUNNING thence from said point of beginning along Lot 26, 27, and Drainage Area B, as shown on said Map, the following four (4) courses and distances: 1. South 89 deg. 45 min. 16 sec. East 210.00 feet, 2. South 14 deg. 45 min. 16 sec. East 100.00 feet, 3. North 75 deg. 14 min. 44 sec: East 100.00 feet, 4. South 47 deg. 25 min. 09 sec: East 275.73 feet to the northwesterly side of SunsetLane; December 30, 1996 Page 3, RUNNING thence along the northwesterly side of Sunset Lane, the following three (3) courses aid distances: 1" On a curve.to the right having a radius of 280.00 feet for a distance of 112.40 feet, 2. South 56;deg., 14 min 44,secs West 245.00 feet, j 3. On a cutme to the'7ight-having is radius of 40;00 feet for a distance of . 62:83 feet tathe easterly%side,of Cove Beach Drive; i RUNNING.thence albng,the easterly side of Cove Beach Drive, the following two (2) courses and distances: I 1. North 33•deg. 45 min. 16 sec" West 189.96 feet, j 2. On a curve to the right having a radius of 545.00 feet for a distance of 32341 to Lot 26, as shown on said Map, and the point or place of i beginning_ CONTAINING an area of 149542 square feet or 3.4330 acres. " Parcel 4 - Lots 29, 30,1and 31 BEGINNING at a point on the westerly side of Cove Beach Drive adjoining Drainage Area A; as shown on said Map; RUNNING thence from said point ofbeginning South 56 deg. 14 min. 44 sec. tWest along Drainage Area A, as shown on said Map, 225.54 feet to a stake and land now or formerly Constance J. Terry; j RUNNING thence along land now or formerly Constance J. Terry, the following eight (8) courses and distances: 1. North 24 deg. 12 min. 06 sec. West 176A0 feet, 2. North 24 deg. 38 min_ 46 sec. West 113.47 feet, 3. North 23 deg. 32 min. 36 sec. West 110.05 feet, 4. North 25 deg. 39 min. 46 s_ec. West 101.00 feet, 5" North 23 deg 04 min. 58 s'ec. West 88:65 feet, 6. North 26 deg.21 min. 26 sec. West 100.90 feet, 7. North 28 deg. 48 min. 16 sec. West 101.34 feet, 8, North 33 deg" 26 min. 56 sec. West 68.56 feet to the northerly corner of 1 III I 11808 PT61 December 30, 1996 Page 4 land now or formerly Constance J. Terry; RUNNING thence North 15 deg. 49 min. 14 sec. East 62.15 feet to Lot 26, as shown on said Map; RUNNING fence South 79 deg. 16 min. 30 sec. East along Lot 26, as shown on said Map, 321.32.feet to the westerly side of Cove Beach Drive; RUNNING lhenc? along the westerly side of Cove Beach Drive, the following two (2) courses and distances: 1. Ona curve to the left having a radius of 595.00 feet for a distance of 461.90'feet, 2. South 33 deg. 45 min. 16 sec. East 240.97 feet to Drainage Area A, as shownonsaid Map, and (tie point or place of beginning- CONTAINING an area of 171623 square feet or 3.9399 acres. S DOX o 5 Tr1RU-9 MUST BE TYPEiS",OR PRU',TED 114 IILA INI�'DN RiOR TO itECOItDIIYG OR TILING. . ... 1 SUFI+OLK.COUNTY CLE I k t 2 3 q-:.: .. _ FrI Cn �� J Number of pages V ! 19 L54 or r—T Fu .ts � N _ {rs�pry -0.597 r Serial# ocjc Certificate# =– '' -+t ® 6.RPrior Clfff . Recd'/6lortgagc Ylistrument Deed/Mo'i-tgage Tax Stamp Recording/Flhn g Siam ' 4 r. 6 b p95 4 t . .TLES ! Page/Filing Fee Mortgage Amt. _ I handling C — 1.Basic Tax — III TT-584 2. SONYMA Notation Sub Total EA-5217 (County) Sub Total '7 3. SpecaAdd. — EA-5217 (State) TOT.MTG. TAX R.P.T.S.A. --1 �` ✓rt� -. �. Dual Town—Dual County— Held for Apportionment_ I Corm.of Ed. 1a Transfer Tax Affidavit <.`.o INOET^e — Itr Mansion Tax — Certified Cully I s The property covered by this mortgage is or will be improved by a one or two Reg. COPY _ Sub Total 3 family dwelling only. YES— or NO— If Olhcr GRAND TOTAL. If NO,see appropriate tax clause on page# of this instrument. Mp, Real Property Tax Service Agency Verification G,• Title Company Information Dist Section Block Lot c..tirrt r D OQ 1000 1)2200 03 /,17 im 1 1000 Company Name D c Title Number FEE PAID BY: 7 Cash_Check_Charge Peconic Land Trust Incorporated Payer.sameasR&R , P .O . Box 2088 Southampton, NY 11969 OR: g; RECORD & RETURN TO 9:: Suffolk County Recording & Endorsement Page This page forms part Of the attached Conservation Easement made by: (Deed, Mortgage, etc.) Raoul J . Witteveen The premises herein is situated in f SUFFOLK COUNTY,.NEW YORK. TO In the TOWN of Southold Peconic Land, Trust , Inca In the VILLAGE orHANILETof East Marion DEED OF CONSERVATION EASEMENT 4, THIS DEED OF CONSERVATION EASEMENT, is made on the a9�day of-December, 1997 at j . Southampton, New York. The parties are Raoul J. Witteveen, residing at 368 Daniels Lane, Sagaponack, New York 11.962 (herein called the "Grantor"), and the PECONIC LAND TRUST, INCORPORATED, a not-for-pfofit New York Corporation, having a principal office at 296 i Hampton Road, (P.O- Box 2088), Southampton, New York 11969'(herein called"Grantee''). INTRODUCTION WHEREAS, the Grantor is the owner in feesimple of approximately 98.38 acres of real f property located in the Town of Southold, SuffolK'County, New York, known as Final Plat of Map { of Cove_Beach Estates, dated November 27, ,1996,;hereinafter more fully described in Schedule A, attached hereto and hereby made a part hereof, and.hereinafter referred to as the 'I "Property", further described as Suffolk County Tax Map Parcel Number 1000-22-3-15.1 and 18.3; and '1 WHEREAS, the Property is located in the Low Density Residential R-80 Zoning District of the Towrr.of Southold which designation, tolthe extent possible, is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as jI outlined in the Town of Southold code, Section 100-30; and WHEREAS, the Property is currently restricted by a Conservation Easement held by Reconic'Land Trust executed on December 23, 1995, and recorded in the Suffolk County Clerk's Office on December 29, 1995 at Liber 11756 Pg. 282, and known as the 1995 Easement, which restricted the property from a yield of thirty four (34) single family residences to 4 twenty six (26) single family residences; and WHEREAS, the 1995. Deed of Conservation Easement was amended on December 18th, 1996, which•'Amendment of'.Deed of Conservation Easement was recorded on December 31, 1996 at the Suffatk County Clerk's Office, to further restrict the Property to seventeen (17) single family residences with appurtenant structures'artd improvements, thereby creating an Open Area equal to 46.70 acres, and a Developmen`'t Area equal to 51.68 acres; and WHEREAS, Grantor wishes to further restrict the Property in consideration of the conservation values of the Property and as a product of his own charitable intentions by granting a Conservation Easement over the Prop'e'rty thereby restricting the Development Area to no more than ten (10) single family residence's with appurtenant structures and improvements, and thereby increasing the Open Area from 46.70 acres to 68.82 acres (as described in Schedule B attached hereto) and'to reduce the Development Area from 51.68 acres to 29.56 acres (as described in Schedule C, attached hereto) so that a substantial portion of the Property shall remain in its open, undeveloped and scenic state, and to that end restates the restrictions applicable to the entire parcel; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United State's Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County New York; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master ; Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board', Town of Southold code, Section 272-a of the Town"Law, to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property has approximately 650 feet of frontage on Long Island Sound and approximately 450 feet of frontage on Dam Pond that provides the public with significant scenic vistas of contiguous woodland, wetlands and shoreline; and WHEREAS, the Property contains the following rare species, classified as S-1 by the Natural Heritage Program: Angelica Lucida, Maritime Red Cedar Forest (remnant), Erchtites Megalocarpa (fire weed), Petentilla anserina, `sub species sb.pacifica (silver weed) and Digitaria Filisormis species; and 1 WHEREAS, the.Property in its present scenic, agricultural and open space condition has substantial and sign ificanV value as an aesthetic and agricultural resource by reason of.the fact that it has not been subject#e any extensive,development, and WHEREAS, the Grantor and Grantee recognize the value and special character of the region in which the.PrO�tty is located, and the'Grantor and Grantee have, in common, the purpose and objective ofi�06T'e ting and'conservint the present state and inherent, tangible and intangible values of the Open Area as an aesthetic, natural, scenic and agricultural resource; and i WHEREAS, the Grantee has determined it,to be desirable and beneficial and has requested 9 the Grantor, for itself and'Ats successors and assigns, to grant a Conservation.Easement to the Grantee in 'order to TeOlTl'9"further development' of the Property' while permitting E compatible uses thereof; i i NOW,THEREFORE: 0.01 Grantor's Warranty Grantor warrants and represents to4he Grantee that Grantor is the owner of the Property described in SCHEDULE A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a qualified not-for-profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, and any amendatory or supplemental legislation (herein called "the Code"), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural, scenic and open space values of rural lands located in Suffolk County of Long Island. 0.03 Purpose The parties recognize the environmental, scenic, open space and agricultural values of the Open Area and have the common purpose of preserving these values. This Deed is intended to convey a Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for environmental, scenic, agricultural and natural values, by preventing the use or development of the Open Area for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Government Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural and open condition through conservation restrictions by enactment of Environmental Conservation Law, Article 49-0301, et. seq. and General Municipal Law, Section 247. Similar recognition ;by the federal government,includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property, as determined by its Board of Directors, at a duly constituted meeting of that Board on November 13, 1995, and that the Property satisfies the criteria adopted by Grantee relating to'the quality and characteristics of open land that should be protected and maintained as open land. 0.06 Documentation The Grantee acknowledges by acceptance of this Easement that Grantor's historical and present uses of the Property are compatible,with the purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time of the gift of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, wildlife, watershed, scenic, agricultural and aesthetic 2 resources and otherwise to aid in identifying and documenting the Property's open space values as of the date hereof, to assist the Grantor and Grantee with monitoring the development and use of the Property and ensuring compliance.with.the terms hereof, the Grantee'has prepared,.with the Grantor's full cooperation, an irrventory'of the 'Property's relevant features and conditions (the "Baseline Documentafionl). :This Baseline Documentation includes, kn]t heed not be limited to: an aerial photograph,phatographs of the Property, a topographical map, a.description and site plan of;eAsting land usb�-j features, and.structures, if any, and an'ackn Medgment page signed.by the .Grantor an0he.Grantes which verifies that the Basefine Documentation report a accurately represents the icondition of the Property at the time of the-easernent. The Grantor and Grantee acknowledge and,agree that in the event a controversy arises-with respect-to they nature and eztenf.af the Qri:ritoit `histunc r, and present,uses Af t e,Rrcpcryits phy cal condition �- 1 as of the `d*s helcol, n mrtic. sha;l not be fg4r6bibsed fnk hi frtr"k7iY j a "Oh.,`raYewartf or l m4tena[do`'66meiits;,surdefts„5Yeports, photographs, or other evidence, to;assist in the resolution of t[he controversy. 0.07 Recitation In consideration of the previously recited facts, mutual promises, undertakings and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. f ARTICLE ONE THE EASEMENT 1.01 Type This Deed conveys a Conservation Easement (herein called the "Easement"). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited in this Deed. Reference to this "Easement" or its "provisions” in this Deed shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect The covenants, terms, conditions, restrictions and purposes of this Easement shall run with the Property as an incorporeal interest in the Property, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns and all other individuals and entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO GIFT GRANTOR hereby voluntarily grants, releases and conveys to Grantee, as an absolute gift, this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor and all future owners, tenants, occupants, assigns and possessors of said Property. t 3 ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon & within the Property: 3.01 Structures The construction,or,placement of residentia[,.commerctal, industrial or other buildings, structures, or improvements`of an.y:.kihd or nature�(includir g, but not limited to mobile homes) perrrianent or temp lrary; on, over or undI er,fhet Property aleph puirsuaritto Ser tion 405;and 4.06°hereof. Structures and trrpCovementd� ineludirtg bbtvftdt luntfe`cf to tliveuuays and agnculfuraf structure's as permitted m S-ectfons 4M5,and 4:06 hereof may not'be.made on over, `o E ; i r under the Property wiChout the pnor,wnften,iconsent of the Grantee, which may be granted if the structure .or improvement does not defeat,or derogate f Easemenf- rom the'purposes Of this 3.02 Excavation and Removal of Materials The excavating, mining,or filling of the Property except as may be necessary to develop and maintain the single-family residences and'appurtenant structures and improvements permitted in;the Development Area'and allowable non-residential improvements on the Property and to construct and maintain the permitted structures and improvements in the Open Area with the prior written consent of the Grantee. The removal of topsoil, sand, or other materials shall not take'place.on the'Property nor shall'the topography' of the Property be changed.except to develop and maintain the single-family residences and appurtenant structures and improvements permitted srn•the Development Area, to construct and maintain the permitted structures and fmprovemenfs116 the Open Area and for purposes of erosion control and soil management: Any such activity`shall require,�the written consent of the Grantee. 3.03 Subdivision The subdivision or partitioning of the Property without the prior written consent of the Grantee, which shall,be granted if that subdivision or partition does not defeat or derogate from the purposes of this Easement. In no event shall the Development Area be subdivided into more than ten (10) single-family residential lots as provided in Section 4.06 hereof, and none of the 10 lots shall be"further subdivided'in perpetuity unless the lot lines merge. Any changes in lot lines subsequent to final subdivision approval must be authorized by the Town of Southold Planning Board. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property. 3.05 Sians The display of signs, lbillboaids, or advertisements on the Property except signs, whose placement, number, and design do not significantly diminish the scenic character of the Property and only for the following purposes: a) to state the name of the Property and the names and addresses of the occupants, b) temporarily to advertise the Property or any portion thereof for sale or rent, c) to'' post the Property to control unauthorized entry or use, and d) to announce the Grantee's conservation easement. ' 3.06 Clearing and Landscaping Activities Clearing or grading within the Open Area, except with the prior written consent of Grantee and as approved by the Town of Southold Planning Board and as necessary for existing easements of record, if any. Otherwise, the Open Area shall remain in a natural state, and maintenance of the natural vegetation therein shall be the only use or activity allowed, except as provided in Section 4.05. The removal of trees, shrubs, or other vegetation from the Property, except as provided in�Sections 4.04 and 4.06. , 4 . 3.07 Utilities The creationor placement of overhead utility transmission liii06, ulifily poles, iron. pipes, wells or.drainage anc(septic systernsi on the Open Area .-.Thwil lho prior .vrill.on conount of the Grantee. Underground utilities must; to the extent possibl , bo curistrtrclod :vil .in 30 loet of the center tine of roads'or'driveways,,and may be used solely to service the permitted structures. { 3.08 Uses i I ' The use oVthe Property for any commercial:or industrial purpose except that { agricultural 'uses expressly permitted in Section' 405 shall not be considered a commercial or industrial use_ 3.09 Development Rights' The use of;the acreage of this Property burdened with this Easement for purposes of I calculating lot yield on any other property. Grantor hereby grants to Grantee all residential development rights,(and any further development rights that may be created through a rezoning of the Property)on the Property, and the parties agree that such rights shall be terminated and extinguished and may not'be used'or transfected to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to this Easement, Grantor shall 1retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR, 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement'as well as applicable local, New York State, and federal law which will not defeat or derogate from the purposes of this Easement. 4.04 Landscaping Activities Grantor shall have the right to continue the historical modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, dangerously decayed or damaged on the Property. Clearing, cutting and grading within 50'feet of the top edge of the bluff shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing, cutting and grading shall be subject to the prior written consent of Grantee and review by the Town of Southold Planning Board to Insure proper maintenance and preservation of the natural buffer on Long Island Sound. 4.05 Agricultural 'Activities Grantor shall have the right to continue or' restore the historical, locally typical and/or customary modes and levels of farming, including pasturing, grazing, feeding and care of livestock and cultivation of crops, provided that such agricultural activity shall be conducted in accordance with the purposes of this Easement and provided that care shall be taken to preserve and protect the rare species of plant life. No agricultural activity shall be conducted within 100 feet of the rare species so that agricultural use of the.soil and the application of herbicides cannot affect the rare species_ Normal agricultural fencing and accessory structures, as provided in 4.06 B, and as may be reasonably necessary in connection with agricultural use and the maintenance oni'the Property of horses, sheep, beef or dairy cattle, or similar domestic 5 . 3 livestock, may be constructed, maintained or replaced by Grantor with the prior written consent of the Grantee. 4.06 Structures, A. Allowable Residential Improvements. Grantor shall have the right for construct no more than ten (1 0) single-family residences with appurtenant structures and improvements reasonably necessary to serve such residences including', withaut limitation; driveways, garages, storage sheds, septic systems and leaching pools; swimming,pools, pool houses, tennis courts, or other family-scale athletic facilities. All such reside'nb'ies, structures.and, improvements.shall be`•con'structed, maintained . ' and Yeplaced'within the Development Area aiMiascribed iffSchl6dule C except as provided in Seetton 3.01. •Clearing'�and.,grading within each residential lot'shall be limited :to that necessary I for siting; cortstl uctirYgr•rerrovWlydg, expanding, converting,or replacing the residences; and appurfenant structureis`.''and improvements with the intent of: preseruing;as,much of the natural %vegetation an the•site ars-,po's'sible and maFririifzing storm water runoffand erosion. No storm wato,' runoff rosu1101' fi'o: 1h2 (hutcluDin 'l l -tnd improvement:of the 'subd!yijon.6 any of,its Jots Shall ho ilisch [r!a::J do..n ,ho Iacr. , I 11.0 L.'utf. ' B. Allowable Non-fiesidential Improvements. Grantor, shall have the right to,erect .and maintain the following non-residential improvements in the Open Area which are'necessary to and consistent with the uses as permitted in Sections 4.05 and 4.06 hereof: ( i ) Agricultural Structures; including but not limited to barns and sheds as is necessary for the agriculturaluse of the Open Area, placed such that they do not detract from and adversely affect the scenic value of this Easement; and (i i ) Underground facilities normally used in connection with supplying utilities, removing sanitary sewage effluent, and controlling storm water runoff from the improvements permitted under the terms of this paragraph B hereof. Any such underground utilities must, to the extent possible, be constructed within 30 feet of the center line of roads or driveways, and may be used solely to service the permitted structures. No new sanitary disposal facilities or structures, with the exception of that stated in Paragraph (iii) below, shall be constructed or otherwise located between`th'e high watermark and the one-hundred (100) foot setback from the top of the` bluff; and (i i i ) Access Drives, to provide access to the improvements permitted by this paragraph 4.06 and any existing recorded rights-of-ways to adjacent properties. Access to the beach down the face of the bluff shall be only by means of a suitable structure. The structure shall be designed and constructed in a manner that will result in the least threat to the stability of the bluff and must be in accordance with all applicable permits; and (iv) Fences, placed such that they do not detract from and adversely affect the scenic value of this Easement; and C. Replacement of Structures In-Kind. In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvement impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted within the same location subject to the review and written approval of Grantee. D. Environmental Sensitivity During and After Construction. The use and location of such improvements shall be consistent with the conservation purposes intended herein, and constructed by methods which are attentive to minimizing disturbances to the environment, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. No storm water runoff resulting from ,the development and improvement of the subdivision or any of its lots shall be discharged down th'e face of the bluff. 6 i 4.07 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with.respect-to the Property which -coufd adversely affect the conservation purposes which are the'subject of this Easemerit. This includes the'eonstruction of any permanent ortemporary structures as pro'vided`in Section 4.06 hetefn. Grantor shall provide Grantee with comO'dccumont;rtion in kr�.ng ,architect IlkAural plan&of,arty proposed,structures which are cubjoct Io Gr'anteas approval ..h. ,: shalt not be,.unrdasoritbly withbeld.. Such approvaF dieahhioval ur c•oinnnons oI ( ,,•.r--%a ehall be gixdn to QearAor. within 45.days after all necessary dccumonluTiun and inlormnl;rm s_ib•mitted to,Grantee. 4.•O8 Alienability. Grantor shall have the right to convey all or any part of its remaining interest in the Property 'but only eubjebt to this Easement. Grantor shall promptly notify Grantee of any conveyance,of any interest in the Property, including the full names.-and mailing addresses of all Grantees, and the individual principals thereof, under any such conveyance: The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement,wJthout modification or amendment of the terms of this Easernient, and shall incorporate this Easernentby reference, specifically setting forth thb date, office; Ifber 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: 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 such payments, Grantee is authorized to make such payments (but shall have no obligation to do so) upon ten 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 two percentage points over the prime rate of interest from time to time charged by Citibank, N.A. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless from any charges or liens imposed upon Grantee arising from the physical maintenance and upkeep of the Property or from any taxes, levies. or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold 'Grantee harmless for any liability, costs, attorneys' fees, judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: a) from injury to persons or damages to Property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and b) from actions or claims of any nature by third. parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 7 ARTICLE SIX GRANTEE'S RIGHTS 6,01 . Entry:and lnspection', Grantee shell ,have the right to enter upon the Property at. reasonable times, upon rea-sonalYle prior'notice° to Grantor, and in aI manner that will not interfere with the Grantor's quiet use and enjoyment .of'the Property, for the purpose of inspection to determine whether this_Easement and its purposes and provisions are being upheld. ,Grantee shall not have the right to enter upon the F�roID ytfor any other purpose, except as provided`in. Section 6-03, nor to : permit access Cie`.f'rop'erty by the pub8d. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that the Grantee may reasonably deem.necessary. However, it is understood and agreed by the parties ereto that the Grantor shall not be liable for any changes to the Property resulting from causes lbeyond the Grantor's control, including; without limitation, fire, flood, storm, and I earth movement, or`from any prudent action taken by the Grantor under emergency conditions to prevent,, abate, or mitigate significant injury to the Property resulting'from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity,-in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantorwithin thirty (30) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any, of tha Open Space Values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) to institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) to enter upon the'.Property and exercise reasonable efforts to terminate or cure'such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto or on the date hereof, or to such condition as is expressly permitted hereby or as may be pursuant to the terms hereof, as Grantee deems appropriate under the circumstances, or (iii) to seek or ertforde such other legal"and/or equitable relief or rernedies.as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes off thisKdEasement; provided, however, that any failure, delay or election to so act 'f 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 vfdlation of any term;condition, covenant"or obligation 'under this Easement. r ` Grantor shall;,pey, either' directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs ands other 'expenses Muried by Grantee (herein called "legal expenses") in connection, with any proceedings under this Section 7.03. 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 F remedy or relief or the use of such other remedy or relief at any other time. 6.05 Assignabflity Grantee shall-.have the right to assign any and all of its rights and responsibilities under this Easement, and 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 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 qual'rfied organization within the meaning of Section 170(h)(3) of the Code. Any assignment by Grantee or Grantee's successors must require the Assignee or 8 . - i k Assignee's successors to:carry out the purposes of this Easement. The Assignee and its successors and assigns shall have the same right of assignment. 6.06 Succession If at any time Grantee or any successor or assignee is unable to enforce this Easement .fully or fails to do so, or if Grantee. or any successor or assignee.ceases to exist or ceases to be a qualified orgaNzation unddr I.R.C. Section 170 (h)(3) then this ,Easement shall be vested in, such other qualified_cdfporation, body or'agency'as defined and.upon the conditions contained in Section 6.05 as the Grantee shall designate. If,:on the occurrence of any of these events, Grantee or any 3uceesnor of assi6 iaa Jails to ns:I ll: ill of i1r, rights'and,`responsibRities'und'e�,ttliS,t Las,;m::rt and•ill o` I s I liile..;tilli: and irj'e si. n and t&this 04s rtrenf t�r�grra1lfl�' organization; lhon'thej'171�1'i andI'CShollsiL•:5,ios i�r..ior lliia Cr.,iamWil.Sl6'llr !CCOrnC :�..0 ICU In j another qualified orgaiiizalion in accerdaitco.W.'tli a ey pros pruccedinj .brought in arry court off competent jurisdiction. 6.07 Extinguishment, This easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6'07,'the'fair market value 'of such right and interest shall be equal to the difference, as of fhwdate hereof, between the fair market value of the Property`subject fo thio Easement and the fair market value of the Property if unencumbered hereby (such 'dffferende, divided by the fair market value of the Property unencumbered by this Easement, is hereinafter referred to as the "Proportionate Share"). In the event a material unforeseeable changein the conditions surrounding the Property makes impossible its continued use for the purposes cbrite isolated hereby, resulting in an extinguishment of this Easement or any material'temi 'or provision`hereof by.a judicial proceeding; then upon a subsequent transfer of title'to the Property by sale, gift, devise, exchange, taking by eminent domain or by purchase In lieu'of a taking„ Grantor shall"pay to Grantee an amount equal to the greater of (x) the consideration paldiby.Grartee to Grantor for this Easement or (y) the Proportionate Share of the proceeds of's'ucfi Ilransfer. If all or any pan of the Property 1s taksn;under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join 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. All expenses reasonably incurred,by`the parties to this-fEa§ement in connection with such taking shall be paid out of the recovered proceeds: Grantee 'shall be entitled to.the Proportionate, Share of the remaining recovered p'roceeds.' The Grantee'shall use such proceeds actually recovered by it in a manner consistent'with'the,purposes of this Easement. The respective rights of Grantor and Grantee set forth in this' Section 6.07 shall be in addition.to, and not in limitation of, any rights they may have by law with respect to a modification or termination.of this Easement by reason of changed conditions or the exercise of powo4lof eminent domain as aforesaid. 6.08 No Public Access ' •ri: Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to anter.upon the Property.: Accordingly, Grantee shall not invite the public to enter upon the Property without the prior written consent of the Grantor. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. . .9 7.02 Amendment in This Easement is made with the intention that it shall qualify as a Conservation Easement This under I.R.C. Section 170 (h). The,parties agree to amend the provisions of this Easement in such`:manne(as may be indicated by;the Internal Revenue. Service,.as a result of final determination after audit 'bf the federal income tax return of the.Grantor, to-entitle the Grantor to :the charitable deduction'described:in1'.R.C. Section 170,(1i)'. Any such-amendment shall.apply retroactively inbe same manner as if such arpendment or amendments had been set i . forth herein. i { This Easement can be rormi�.f.,4 7 a ;.in accordance wtth.the common and statutory law of,tlie`Statso#". :. eimmat+oft,"fid rnodifacafon,d ' , easements and covenan+s`ri[ and Grarrk�jj}}}3ee recognize that circumslancos could arISU kC:I;.'Cll Would jLJSl�"V Ill^ niodi ICahu, ;'i uCrta in of the r61}I;II:IIUfIS containoll in Il.s Easen;ent. 'I0 lh;, end (manna and Glamor shat; n,ulual!y huvo tnc n I i, in their solo di-cl-c•ijon; lU iil.c�o'in n,cndm l ,,,to'li,ia =as• nl-r;t.:7:IIClI are Il : inco IFI;.(G.t ,71th the basic purpcse of lhr,lGo .,irlo:lt sol fonli in.tl:o ' 'r. V •, that GPani�eshc:i hc:u ho ruII;Lf:r lio::!:I' tUrJf:::::`lJ E ;y'wo1d;7ult.fn thisaser�ditfc:iliiu; to .JII , CI�: c.li; Ions�ly..,.lioi ' Envfron'niental Conseryatfort Law of4he State.of Mew ', the arn'erided, arty`,reg tllatroh 4"ss'•ueti-pl rsuant�liheretoi or : ;• ,enue Code goveYning':'QualI led' Conservation Contrit ations." The parties ackn6wledge:that the boundaries of the Open Area'agd the Development Area may have.to be adjiiias.provided,hereln an4, 1d1he parties agree to cooperate in such boundary line adjustmentsas may be nece;sary, provided said adjustments would.'notresult in diminution of the Open Area or an Increase in the number of lots or primary struct l res to be developed by the Grantor. 7.03 Severability Any provision of this, Easement, restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not'be invalidated. Instead, that provision shall be reduced or limited to whatever extent that,bourt determines will make it enforceable and effective. Any other provision of this 'Easement which is determined to be invalid or unenforceable by a court'shall be severed 'from the other provisions, which shall remain enforceable and effective. 7.04 Notice All notices required by this Easement must be written. Notices shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Mailed notice to Grantor shall be addressed.to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed 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 noticein accordance with this Section 7.04. Notice shall be deemed given and received as of thedate of its manual'delivery or the .date of its mailing. 7.05 Governing Law 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.' t 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render-that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this k Easement as intended by Grantor. Any ruleof strict construction designed to limit the breadth of 10 , i the restrictions on use of the Property shaft not apply in the construction or interpretation of this Easement; and; .tFiis Easement stiall'be interpreted broadly to effect the purposes of this Easement as intended by Grantor. Tfie parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and fimited,hfs right to use'the Property, except as otherwise recited,herein, be construed at alf times and by all parties to effectiiate its purposes. 7.07 7.07 The warranties and representation made by the parties in this EasemenE shall survive its execution. 7.0806 Becordina Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.09 Homos The headings, titles and subtitles herein have been inserted solely for convenient reference, and 'shall be ignored in its construction. 11 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. ACKNOWLEDGE AND'ACCEPTED: BY: aoul Witteveen (Grantor) ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST,(Grantee) - T^LW'�OrOjGCGt BY: oh v.Hi Halsey Its President STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On this Aq day of December, 1997, before me personally appeared Raoul J. Witteveen, who, being by me duly sworn, said that he resides at 368 Daniels Lane, Sagaponack, New York, 11962, the Grantor mentioned and described in, and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same . N tary Public Julie G. Tiska No. 01T15064466 Notary Public State of New York STATE OF NEW YORK ) Qualified in Suffolk County COUNTYOFSUFFOLK > SS.: Commission Expires jr11941ty On this a9* day of December, 1997, before me personally appeared JOHN v.H. HALSEY, who, being by me duly sworn, said that he resides at 469 Majors Path, Town of Southampton, New York, that he is President of PECONIC LAND TRUST; INCORPORATED, the Grantee mentioned'and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein; and that he signed his name thereto by authority of We Board of Directors of the said'Corporation. N tary Public Julie G. Tiska No. OIT15OG4466 Notary Public State of New York Qualified in Suffolk County Commission Expires 5-1t4�w SCHEDULE A: Metes and Bounds Description of the Property. SCHEDULE B: Metes and Bounds Description of the Open Area. SCHEDULE C: Metes and Bounds Description of the Development Area. 12 SCHEDULE "A':! November 27, 1996 Cove Beach Estates h at East Marion, Town of,Southold, New York . S.G.T.M. No. 1000-22-3-15.1 & ,1000-22-3-18.3 t Surveyor's Description'- Entire Parcel ALL that certain plot, piece, or parcel of land, with the buildings and f improvements thereon erected situa€e lying andbeing at`East Merion,.Town of Southold, County of Suffolk and''State'of New York, bounded and described as follows: BEGINNING,at a point on the northerly side of Main Road at the southeasterly comer of land now or Frank R :Russel and Others, said point being situate 1776 feet easterly as measured along the northerly side'of Main Road from the intersection of the northerly side of Main Road and the easterly side of Stars Road: RUNNING thence from said point of beginning along land now or formerly Frank R. Russel and Others the following four (4) courses:and distances: 1. North 23 deg- 22 min. 16 sec. West 211.37,feet, 2. South 60 deg. 31 min. 44 sec_ West 27.55 feet, 3. North 25 deg. 15 min. 16 sec. West 402.42 feet, 4. South 72 deg. 32 min. �04,sec West 52.24'feet to land now or formerly Ronald,-Edeen, Jr. and Barbara Edeen; RUNNING thence along land now or formerly Ronald Edeen, Jr. and Barbara Edeen the following two (2) courses and distances: 1, South 77 deg. 58 min, 14 sec. West 155.85 feet, 2. South 74 deg. 31 min. 54 sec, 59.26 feet to land now or formerly Frank E. Begora; Jr. and Iris R. Begora; RUNNING thence along land now or formerly Frank E. Begora, Jr. and Iris R. Begora the following two (2) courses and distances: 1. South 78 deg. 29 min. 54 sec. West 295.42 feet, 2. South 27 deg. 28 min. 06 sec. East 11.58 feet to land now or formerly Myron B. Brown; RUNNING thence South 76 deg.. 28 min. 04 sec. West along land now or formerly Myron B. Brown 180.74 feet to�'land now or formerly John Psaroudakis and Luz Psaroudakis, RUNNING thence North 24 deg. 08 min. 36 sec. West along land now or formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E. Cook 932.76 feet to a point; RUNNING thence South 65 deg. 51 min- 24 sec_ West still along land now or formerly Dorothy E. Cook 137.75 feet to the easterly side of a certain 16 foot wide right-of-way through land now or formerly Dorothy E. Cook,- RUNNING ook;RUNNING thence along the easterly side of said right-of-way the following two (2) courses and distances: 1. North 24 deg. 41 min. 56 sec..West 529.80 feet, Page 1 2. North 23 deg_ 47 miri: highwater mark of,Dam Pond; RUNNING thence along the approximate highwater mark of Dam Pond the following.thirty-three(33) tie line courses and distances: 1. South 89.deg. 19 min. 53 sec. West 73.9.4 feet,. 2. North 75 deg..37 min.. 52 sec. West 48.78 feet, 3. North 87 deg_ ;59 min. 45 sec.'West. 58.54 feet, 4. North 89'deg. 33 rein. 38 sec. West 37.38 feet, 5. North 63 deg. 46 min. 47 sec. West 46.02 feet, 6. North 85 deg, 42 min. 419 sec. West 63.84 feet, 7. North 66 deg. 04 min. 49 sec. West 2840816et, 8. Soutf=i 366g;57 57 min. 52 sec. East 1'80-.87 fee( 9. South 18 deg. 42 min. 02 sec. East 110.06 feet, 10. North 89 A4g'.,1.0 min. 25 sec. East 85.79'feet, 11 South 38 deg. 23 ruin. 1'3 sec. East 81.33 feet, 12. South 24k'>66. `16 min. 05 sec. East 73.11 feet, 13. South51 ;10 min. 48 sec. West 49.25 feet, 14. South 32 de'g. F39 min. 33 sec. `East 58.55 feet, 15. Sbuth 26 deg.,04 min. 43 sec. West 53.12 feet, 1 r' i i ;. . 16. South 82 d6g. 54 min. 2i1; sec. West 46.53'feet, 17. North 77 ddg. 57 min. 36,sec. Chest 146.19 feet, 18. South 63,deg..05 min. 10,sec. West 64.68 feet, 19. South 04 deg. 56 min. 12 sec. West 73.36 feet, 20. so'tdh 23 deg. 18 mi`ri. 55 sec. East 58.90 feet, 21. South 55 deg. 48 min. 53 sec. East 32.68 feet, I 22. Norttf 86 cfeg_ 48 ming 55 sec. East 82.98 feet, $ 23. Sotith 75 deg. 54 min. 56 sec. East 68.05 feet, 'i 24. North 55 dreg, 3.9 min. 06 sec. East 61.71 feet, 25. Norto 14de'g; 48 min. 34 sec. East 9274 feet, 26. Nbrth 5ideg, 31 min' 16 sec. East 24.33 feet, 27. South 07 dig. 39 min. 07 sec. East 31.57 feet, 28. South 1't deg. 06 min- 27 sec. West 49.53 feet, 29. South 1.9 deg. 55 min. 03 sec. East 106-82 feet, 30. South 56 deg. 63 min. 02.sec. West 48.86 feet, 31. South 7t.46. 01 min. 56.sec. West 61.30 feet, 32. Sou�h 79 dreg . 24 mitt. 5b.sec.. West 79.63 feet, 33. Sou 16 dreg. 48 min. 29 sec. 'West 20.47 feet to land now or formerly Joszh Frederick Gazza• RUNNING thence along land now oriformerly Joseph Frederick Gazza , along land now or forms erly Bernice Lettieri, along other lands now or formerly Joseph Frederick Gaz2a, and along land now-,or formerly Andrew Lettieri the following thirteen (13) courses and distances: 1. North 87; deg. 08 min. 46 sec. West 103.77 feet, 2. North 00 deg. 35 min. 14 sec. East 9.00 feet, 3. North 89 deg. 05 min. 36 sec. West 450.01 feet, 4. South 89 deg_ 43 min. 34 sec. West 520.88 feet, 5. South 25 deg. 30 min. 06 sec. East 608.15 feet, 6. North 81. deg. 12 min: 16 sec. West 312.90 feet, 7. South 32 deg. 12 min. 06-sec. East 144.10 feet, 8. South 27 deg. 10 min. 36 sec. East 71.14 feet, 9. South 27,;deg. 49 min. 46.sec. East 111.96 feet, 10. South 25 deg. 15 min. 36 sec. East 598.78 feet, 11. South 26 deg. 45 min. 36 sec. East 387.32 feet, 12. North 63 deg. 01 min. 44 sec- East 23.10 feet, 13. South 25 deg. 30 min. 16 sec. East 242.90 feet to the northerly side of Main Road; ic Page 3 RUNNING thence along the northerly side of Main Load South 83 deg. 03 min. 14 sec. West 86.62 feet to the point or place of BEGINNING. CONTAINING'A area 'of 98.4.7834. SUBJECT to al,'rights of+tiay;,"edsements and or covenants of record, if any. Page 4 Pwhk SCHEDULE "B" November 26, 1996, Cove Beach Estates at East Marion, Town of Southold„ New York S"C.T.M. No.: 1f)do-22-3-15.1 & 1000-22-3-18"3 Surveyor's Description- Open Space Area ALL that certain plot, piece, or parcel of land, with the buildings and impravemenl I'th�redn,erected, syiituaie. .lying;,arid bein'g:at':,East Marion,Town:of SoutholdCounty:' of Suffolk and State oaf'New York, bounded and de§cribecfas fol lows: BEGINNING at a point on the nor'therly side of Main Road at the southeasterly corner of land now or formerly Frank R.. Russel`and Others, said point being situate 1776 feet easterly as measured along the,northerly side of Main Road from the intersection of the northerly side of Main Road and the easterly side of Stars Road: RUNNING thence from said.-point of beginning along land now or formerly Frank R.'Russel and Others the following four (4) courses and distances: 1. North 23 deg. 22 min- 16 sec.:West 21.1.37 feet, 2. South 60.deg. 31 min. 44 sec..West 27.55 feet, 3. North 25 deg- 15 min. 16 sec. West 402:42 feet, 4. South 72 deg. 32 min- 04 sec"West 52.24 feet to land now or formerly Ronald Edeen, Jr. and Barbara Edeen; RUNNING thence along land now or formerly Ronald Edeen, Jr. and Barbara Edeen the following two (2) courses and distances: 1. South 77 deg. 58 min. 14 sec. West 155.85 feet,. 2. South 74 deg. 31 min. 54 sec. West 59.26 feet to land now or formerly Frank E. Begora, Jr. and Iris R. Begora,- RUNNING egora,RUNNING thence along land now or formerly Frank E. Begora, Jr. and Iris R. Begora the following two (2) courses and distances: 1. South 78 deg. 29 min. 54 sec. West 295.42 feet, 2. South 27 deg- 28 min. 06 sec East 11.58 feet to land now or formerly Myron B. Brown; RUNNING thence South 76 deg. 28 min. 04 sec. West along land now or formerly Myron B. ;Brown 180.74 feet to.land now or formerly John Psaroudakis and Luz Psaroudakis; RUNNING thence North 24 deg. 08 min. 36 sec. West along land now or formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E. Cook 932.76 feet to a point; RUNNING thence South 65 deg. 51 min. 24 sec. West still along land now or formerly Dorothy E. Cook 137.75 feet to the easterly side of a certain 16 foot wide right-of-way through land now or formerly Dorothy E. Cook; RUNNING thence along the easterly side of said right-of-way the following two (2) courses and distances: 1. North 24,deg. 41 min. 56 'sec. West 529.80 feet, " e Page 1 2. North 23 deb. 47 min_ 16 sec--West 269.74 feet to a point;= RUNNING thence still along land now or formerly Dorothy E. Cook the following three (3)courses and distances: 1_ North 65 deg. 51 min. 34 sec. East .141:21 feet, 2. North 24'deg. 08 ruin. 36 sec. West 206.00 feet, 3. North 25deg. 26 min. 56 'sec. West 311.78 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thence North 61 deg. 16 min. 04 sec. East along land now or formerly Otto Uhl, Jr. et al to land now or formerly Constance J. Terry; RUNNING-thence along land'`now'6rformerly Constance J. Terry the following ten (10) Courses and distances_ 1. South 25-deg. 31 min. 36 sec. 'East 836.45 feet, 2. North 651.deg. 47 min. 54 sec..East 288.00 feet, 3. North 24 'deg. 12 min. 06 sec. West 176.10 feet, 4. North 24;deg. 38 min. 46 sec._West 113.47 feet, 5. North 23 deg. 3.2 min. 36,sec. West 110.05 feet, 6. North 25 deg. 39 min. 46 'sec. West 101.00:feet, 7. North 23 deg. 04 min. %isec. West 88.65 feet; 8. North 26 deg. 21 min. 26 sec. West 100.90 feet, 9. North 28 deg. 4;8 min. 16 sec. West 101.34 feet, 10. North 33 deg. 26 min. 56'see. West 68.56 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thenc North 61 deg. 22.min. 14. sec. .East along land now or formerly Otto Uhl,•Jr. et al 97.62 feet to the southeasterly corner of land now or formerly Otto Uhl;,Jr., et al; RUNNING thence through land of the party of the first part the following ten (10) courses and distances: 1. South 84 deg. 52 min. 22 sec. East 164.13 feet, 2. on a curve to the right having a radius of 60.00 feet a distance of 203.36 feet, 3. on a curve to the left having a radius of 40.00 feet a distance of 34.00 feet, 4. on a curve to the left having a radius of 900.00 feet a distance of 209.64 feet, 5. on a curve to the.right having a radius of 2250.00 feet a distance of 263.01 feet, 6. South 66 deg. 01 min. 44 sec. East 183.36 feet, 7. on a curve to the right having a,radius of 170.11 feet a distance of 187.23 feet, 8. North 44 deg. 01 min, 27 sec. East 404.16 feet, 9. South 7.1 deg. 27. min. 16 sec. East 110.00 feet, 10. North 18 deg. 32 min. 44 sec. East 428.72 feet to the approximate highwater mark of Longe Island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound the following four (4) tie line courses and distances: 1. South 71 deg. 06 min. 21 sec. East 210.19 feet, 2. South 82 deg. 49 min. 39 sec: East 69.50 feet, 3. South 76 deg. 56 min. 14 sec. East 108.12 feet, 4. South 81 deg. 51 min. 42 sec. East 321.20 feet to land now or formerly Robert W. Gillespie, Jr, and David Gillespie; page 2 RUNNING Tel ht'e along IaEad now or formerly Robert W- Gillespie, Jr- and David Gillespie Sout� ,06 degt: 24 �1 X4 sec, West-198 78 feet to the approximate highwater mark oA0011 t Pond; ` RUNNING thence along the approximate highwater mark of Dam Pond the following thirty-thr" 6JW) tie line courses.and distances`` 1. South 89 deg. 19 min. 53'sec. West 73.94_feet, 2. North 75;deg. 37 min. 52 sec,. West48.78 feet, 3. North 87,deg. 59 min. 45 sec. West 58.54 feet, 4. North 89 deg, 33 min. 38 sec. West 37.38 feet, 5. North 63-deg_46 min. 47 sec. West46.02,feet, 6. North 85 deg: 42 min. 49 sec. West 63.84 feet, 7. North E;Q,deg. 04 min' .49 sec_ West 28:08 feet, 8. South 33 tleg. 57 min. 52'sec. East 180.87 feet, 9. South .1,S,'deg'. 42 min. 02 sec. East 111-0.Q6feet, 10. North 89 deg_ 10 min. 25 sec. East 85..79.,feet, 11. South 38jtteg. 23 min..13 sec. East.81.33 feet, 12. South.24•deg: 16 min. 05 see. East 73.11 feet, 13. South 51. deg. 10 min. 48 sec. West49.2'5,feet, 14. South 32 ded- 39 min. 33 sec. East 58.55 feet, 15. South 28 •deg. 04 min. 43 sec. West 53.12 feet, 16. South 82 deg. 54 min. 21 sec. West 46.53 feet, 17. North 77.deg. 57 min. 36 sec. West 146.19 feet, 18. South 63'deg. 05 min. .10 sec. West 64.68 feet, 19. South 04 deg_ 56 min. 12 sec. West 73.36 feet, 20. South 23 dieg„ 18 min. 55 sec. East 58;90 feet, 21. South 55 deg. 48 min. 53 sec. East 32-68 feet, 22. North 86id'eg, 48 min. 55 sec. East 82-98 feet, 23. South 75 deg. 54 min. 56 sec. East 68.05 feet, 24. North 55A'bg. 39 min. 06,sec. East 61.71 feet, 25_ North 1.4`,dg48 min. 34 sec.. East 92.74 feet, 26. North 53.deg. 31 min. 1.6 sec!..East 24.33.feet, 27. South 07 deg. 39 min. 07 sec. East 31.57 feet, 28. South 11. deg. 0,6 min. 27 sec. West 49.53 feet, 29. South 19.deg..55 min. 03 sec.!East 1.06.82 feet, 30. South 56 deg. 03 min. 02 sec. West 48.86 feet, 31. South 77, deg; 01 min. 56 sec. West 61.30 feet, 32. South 79 deg. 24 min. 5.0 sec. West,79.63 feet, 33. South 16 deg. 48 min. 29 sec. West 20.47 feet to land now or formerly Joseph Frederick Gazza; RUNNING thence along land now or formerly Joseph Frederick Gazza , along land now or formerly.Bernice Lettieri, along other lands now or formerly Joseph Frederick Gazza, and along land now.orformerly Andrew Lettieri the following thirteen (13) courses and distances: 1. North 87 deg. 08 min- 46 sec. West 103.77 feet, 2. North 00 deg.. 35 min. 14 sec: East 9.00 feet, 3. North 89 deg. 05 min. 36 sec. West 450.01 feet, 4. South 89 deg; 43 min. 34 sec. West 520.88,feet, 5. South 2.5 deg; 30 min. 06 sec. East 608.15 feet, 6. North 8.1 deg:',12 min. 16 sec. West 312.90 feet, 7. South 32 deg. 1.2 min. 06 sec: East 144.10 feet, 8. South 27 deg., 10 min. 36 sec, East 71.14 feet, 9. South 27 deg. 49 min. 46 sec. East 111.96 feet, 10. South 25 deg. 15 min. 36 sec. East 596.78 feet, 11. South 26 deg. 45 min. 36 sec. East 387.32 feet; 12. North 63 deg. 01 min- 44 sec. East 23.10 feet, 13. South 25 deg. 30 min. 16 sec: East 242.90 feet to the northerly side of Main Road; Page 3 RUNNING f66Jrice along,the northerly side of. Main__i�iRoad South 83 deg.'03 min. 14 sec. West.,8dk feet to 661, oint'or place of BEGINNING. CONTAININDian area of 6818177 Acres. SUBJECT (¢'bil rights of wayi easements and orcovenants of record, if any. Page 4 �Jt CT rL� 1� � SCHEDULE "Cn November 26, 1996 Cove Beach Estates, at East Marion, Town of Southold, New York S.C.T.M. No.: 1000-22-3-15.1 & 1000-22-3718.3 Surveyor's Description = Development Area ALL that certain_plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at East Marion; Town of Southold, County of'Suffolk and State of New York, bounded and described as follows: BEGINNING at a point marking the southeasterly corner of land now or formerly Otto Uhl, Jr. et al; RUNNING thence from said point of beginning along land now or formerly Otto Uhl, Jr. et al. the following three (3) courses and distances.- 1. istances:1. North 24 deg. 21 min. 26 sec. West 833.61 feet, 2. North 45 deg. 03 min. 26 sec. West 67.42 feet, li 3. - North 02 deg. 48_min. 04 sec. East 527.67 feet to the approximate highwater mark of Long Island Sound; RUNNING thence'along the approximate highwater mark of Long Island Sound the following twelve (12) tie line courses and distances: 1. South 83 deg. 14 min, 46 sec. East 28.26 feet, 2. South 62 deg- 51 min. 09 sec. East 201-85 feet, 3. South 13 deg. 33 min. 58 sec. East 39.20 feet, 4. South 41 deg. 24 min. 15 sec. East 85.68 feet, 5. South 35 deg. 17 min. 27 sec" ,East 447.02 feet, 6. South 54 deg. 42 min. 50 sec. East 142.20 feet, 7. South 61 deg. 51 min. 04 sec. East 142.78 feet, 8. South 67 deg. 52 min. 44 sec. East 167.49 feet, 9. South 73 deg. 20 min. 32 sec. East 501.35 feet, 10. South 70 deg. 23, min. 39 sec. East 215.43 feet, 11. South 73 deg. 28 min. 00 sec. East 227.73 feet, ! 12. South 71 deg. 06 min. 21 sec. East 61.36 feet to a point; RUNNING thence through land of the party of the first part the following ten (10) courses and distances: 1. South 18 deg. 32 min. 44 sec, West 428.72 feet, ! 2- North 71 deg. 27 min. 16 sec. West 110.00 feet, 3. South 44 deg. 01 min. 27 sec" West 404.16 feet, 4- on a curve to the left having a radius of 170.11 feet a distance of 187.23 feet, 5. North 66 deg. 01 min. 44 sec. West 183.36 feet, 6. on a curve to the left having:a radius of 2250.00 feet a distance of 263.01 ! feet, 7. on a curve to the right having a radius of 900.00.feet a distance of 209.64 feet, 8. on a curve to the right having a radius of 40.00 feet a distance of 34.00 feet, 9. on a curve to the left having a radius of 60.00 feet a distance of 203.36 feet, 10. North 84 deg- 52 min. 22 sec. West 164.13 feet to southeasterly corner of land now or formerly Otto Uhl, Jr., et al and the point or place of beginning. CONTAINING and area,of 29.5606 acres. BOXY %-'HRU 4^MUST BE Tl - F �► , � ¢PEG PRINTED 1N $Lr`1Ck1NK•`QttNI:IOR TO RECORDING OR F[i3ING t I I SUFFOLL C,OLAT t' CLERKa' 2 r, 3 L/P# Fb 2 p z .�, _ Number,of pages - t -c.J TORRGIY t F r rJ , e Serial# ¢ � s , tT=a 0 7 Certificate# Prior lf# cn w + DcW 11lnrtgage instrument, Decd/Moi�age Tax Statup RecordmglJFihngStampc + 4 FEES Page/Filing Fee t Mortgage Amt Handling A.°Basic Tax. . TP-584 2.SONVAIA — Nutation Sub Total EA-5217 (County) Sub Total ! T 3. Spec/Add. EA-5217 (State) TOT.MTG.TAX R.P.T.S.A. 1 Dual Town_Dual County held for Apportionment — Comm.of Ed. 5 . UU_ � "e i — -- " rhe Transfer Tax 1— Affidavit "�R — Mansion Tax _ Certified Copy The property covered by this mortgage is or will be improved by a one or two Reg. Copy _ Sub Total family.dwelling only. YES_ or N6-- Other O= Other GRAND TOTAL' %' I€NO,see,appropriate tax clause on page# of this instrument. 5' Real Property Tax Service Agency VerificationTitle Company Information Dist Section Block Lot x:= 1000 22 3 18 . 003 Slam 1000 22 3 15 . 001 Company Name Vate , 71 Title Number FEE PAID BY: Cash_Check_Charge 'CHARLES R . CUDDY , ESQ. Payer same asR&R ;'PO Box 1547 - 445 Griffing Avenue OR: Riverhead , NY 11901 s`S'; RECORD & RETURN TO Suffolk County Recording & Endorsement Page This page forms part of the attached DEED OF CONSERVATION EASEMENTmade by: (Deed, Mortgage, etc.) The premises herein is situated in RAOUL J . WITTEVEEN SUFFOLK COUNTY, NEW YORK. TO In the TOWN of SOUTHOLD . PFrnniTr + Aran' TRUST In'theVILLAGE EAST MARION or IIANILET of DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT,is made on the i_5 day of December, 1995 at Southamptor, New York.:The parties are Raoul J. Witteveen, residing at 368 Daniels Lane, Sagaponack, New York 11962 (herein called the "Grantor"), and the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York Corporation,. having a. principal, office at. 296 Hampton Road (P.O. Box 2088),-Southampton, New York 11969 (herein,called "Grantee"). INTRODUCTION WHEREAS, the Grantor is the owner in fee simple of approximately 98.38 acres real property located in the Town of. Southold, Suffolk County, New York; hereinafter more fully described in.Schedule A.attached hereto, further described as part of Suffolk County Tax,Map Parcel Numbers 1000- 22-3-15.1 and 18.3, and hereinafterreferred to as the "Property"; and WHEREAS, the Property has conditional final approval from the Town of Southold for a yield of,thirty-four (34) single-family residences as shown on a map prepared by Young &. Young Surveycrs and dated 6/27/90 and revised on 6/23/94; and WHEREAS, the Property is located in the R-80 Zone which is included in the Agricultural:Conservation District of the Town of Southold which designation;to the extent possible,is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the'Town of Southold code, Section 106-30; and WHEREAS, the Grantor,wishes to grant a Conservation Easement on the 98.38-acre parcel of'.Property so that a substantial portion of the Property shall remain in .its open, undeveloped, and scenic state, as shown on the Conservation Easement.Map marked Exhibit A attached hereto-, and WHEREAS, the Grantor wishes to grant a Conservation Easement on the 98.38-acre parcel of,Property so that a portion of the Property (hereinafter referred to as the "Open . Area", cmprising approximately 36.11 acres of the Property, more fully described in Schedule'B attached hereto) shall remain in its open, undeveloped, and scenic state and the remainder of.the Property (hereinafter referred to as the "Development Area comprising approximately 62.27 acres of the Property, more fully described in Schedule G attached hereto), may be further developed with no more than twenty-six (26) single-family residences with appurtenant structures and improvements; and WHEREAS, the Property contains soils qualified as Class I and Class II worthy of conservation as identified by the United State's Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold code, Section 272-a of the Town Law, to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property has approximately•650 feet of frontage on Long Island Sound and approximately 450 feet of frontage on Dam Pond that provides the public with significant scenic vistas of contiguous woodland, wetlands and shoreline; and WHEREAS, the Property contains the following rare species, classified as S-1 by the Natural Heritage Program: Angelica Lucida, Maritime Red Cedar Forest (remnant), Erechtites Megalocarpa (fire weed), Potentilla anserina subspecies sb.pacifica (silver weed) and Digitaria Filisormis species; and WHEREAS, the Property in its present scenic and open space condition has substantial and significant value as an aesthetic and agricultural resource by reason of the fact that it has not been subject to any extensive development; and 1 ls WHEREAS, the Grantor and Grantee recognize the value and special character of the region in which the Property is. located, and the Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property,,as an aesthetic and agricultural resource; and WHEREAS, the Grantee has determined it to be desirable and beneficial and has:requested. the Grantor, for itself and its successors and assigns, to granfa Conservation Easement to the Grantee°in order to,restrict the further development of the Property while 1permitting compatible uses thereof; . ., NOW,THEREFORE; 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in SCHEDULE A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a qualified not-for-profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, and any amendatory or supplemental legislation (herein called "the Code"), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural,. scenic and natural values of rural lands located in Suffolk County of Long Island. 0.03 Purpose The parties recognize the environmental, scenic, open space and agricultural values of the Open Area and have the common purpose of preserving these values. This Deed is intended to convey a Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of perpetually preserving its open space character for environmental, scenic, agricultural and natural values, by preventing the use or development of the Open Area for any purpose or in any manner contrary to the provisions herein, in furtherance of federal, New York State and local conservation policies. 0.04 Government Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural and open condition through conservation restrictions by enactment of Environmental Conservation Law, Section 49-0301, et. seq. and General Municipal Law, Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability-to enforce the terms of this Conservation Easement on the Property, as determined by its Board of Directors, at a duly constituted meeting of that Board, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open land. 0.06 Documentation The Grantee acknowledges by acceptance of this Easement that Grantor's historical and present use of the Property is compatible with the purposes .of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time of the gift of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, wildlife, watershed, scenic, agriculture and aesthetic resources and otherwise to aid in ident'rfying and documenting the Property's open space values as of the date hereof, to assist the Grantor and Grantee with monitoring the development and use 2 of the Property and ensuring compliance with the terms hereof, the Grantee has prepared, with the Grantor's full cooperafiionI an inventory of the Property's relevant features and conditions (the "Baseline Documentation". This Baseline Documentation includes, but need not be.limited to, the Conservation Easement'Map marked Exhibit A, an aerial photograph, photographs of the Property, a topographical map, a description and site plan of existing land uses,'. ses, features, and structures., if any. The Grantor and Grantee ackngwledge and agree that in•thepvent A controversy arises with respect to the, nature and extent of the Grantor's historical and present uses.of the .Property or it's physical condition as of the date hereof, fhe,paFtfes shall not be foreclosedfrom;utilizing any,other relevant or material documents, surveys, reports, photographs, or other evidence to assist in the resolution of the controversy. 0.07 Recitation In consideration of the previously recited facts, mutual promises, undertakings and forbearances contained in.this Easement, the parties agree upon its provisions„ intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Tyne This Deed conveys_a Conservation Easement (herein called the "Easement"). This Easement shall consist of the covenants, restrictions, right's, terms, and conditions recited in this Deed. Reference to this "Easement" or its "provisions" in this Deed shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect The covenants, terms, conditions, restrictions and purposes of this Easement shall run with the Property as an incorporeal interest in the Property, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon . Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns and all other individuals and entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. Any rights, obligations and interests herein granted by Grantor shall also be deemed granted by each and every one of its subsequent agents, successors and assigns, and the word "Grantor" when used herein shall include all of those persons or entities. ARTICLE TWO GIFT GRANTOR hereby voluntarily grants, releases and conveys to Grantee, as an absolute gift, this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor and all future owners, tenants, occupants, assigns and possessors of said Property. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3 y w 3.01 Structures The constructiomor placement of residential, commercial,'-industrial _or other buildings or structures of any kind. or nature (ihcfudrng,. but not limited to mobile homes)„ permanent•or temporary,, on, over or under the Prop. tyexcept pursuant to Section 4 06 'hereof. Structures 4 and improvements, includ,mg, bW-,ncf limited to. d vicerays, rra is end agric d,wal structures as permitted inSection.� 11.05) and 406 horns.', may not Lo made cn. over. or uridcr Ilio Op_an; Area with6o t the prior written' consent.of the Grades. v.hich finny bo granted if Uhm sin;:ure or` ' improvement does not.defeat or derogate frorrfthe purposes-of`this`,semeht. ` 3.02 Excavation and Removal of Materials The excavating,.mining, filling, grading or clearing of the Property except as maybe necessary to develop and maintain the single-family residences and appurtenant structures and improvements per,mitted'in Che,Development Area and allowable hon-resMential improvements i on the Property and to construct"and maintain the permitted structures and improvements in the Open Area with the;prioT written consent of the Grantee. The. removal of topsoil, sand, or j other materials shall not Cake place,on the Property nor shall the topography of the Property be changed except;tg develop and maintain the single-family residences-and structures and improvements permitted in`the Devel'o'pment Area, to construct and maintain the permitted . structure's and improver6enfs in_the Open Area and for purposes of erosiori control and soil management with fhe pnor`Written consent`of thy'Grantee. Any grading within 50 feet of the top edge of the bluff, except Q1. wtiich limy lie;necessary to control or"remedy erosion.or to prevent storm water from flowing`.cr&r .the edge of the. bluff. 3.03 Subdivision The subdivision or partitioning of the Property without the prior written consent of the Grantee, which shall be granted if that subdivision or partition does not defeat or derogate from the purposes of this Easement. In no event shall the Development Area be subdivided into more than.twenty-six (26) single-family residential lots as. provided in .Section 4.06 hereof, and none of the 26 lots shall be further subdivided in perpetuity unless the lot lines merge. Any changes in lot lines subsequent to final subdivision approval must be authorized by the Town of Southold Planning Board. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited tcF trash, garbage, sawdust, ashes or chemical waste on the Property. 3.05 Signs The display of signs, billboards, or advertisements on the Property except signs, whose placement, number, and design do not significantly diminish the scenic character of the Property and only for the following purposes: a) to state the name of the Property and the names and addresses of the occupants, b) temporarily to advertise the Property or any portion thereof for sale or rent (subject to and in accordance with Section 100-201 through 207 of the Zoning Code of the Town of Southold, as same may be amended from time to time) or to post the Property to control unauthorized entry or use, and c) to announce the Grantee's conservation easement. 3.06 Clearing and Landscaping Activities Clearing or grading within the Open Area, except with the prior written consent of Grantee and as approved by the Town of Southold Planning Board and as necessary for existing easements of record, if any. Otherwise, the Open Area shall remain in a.natural state, and maintenance of the natural vegetation therein shall be the only use or activity allowed, except as provided in Section 4.05. The removal of trees, shrubs, or other vegetation from the Property, except as provided in Sections 4.04 and 4.06. 3.07 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Open Area except with the Grantee's prior written consent. Underground utilities must, to the extent possible, be constructed within 30 4 feet of the center line of roads or driveways, and may be used solely to service the permitted structures. 3.08 Uses The use of the Property for any commercial or industrial purpose except that agricultural uses expressly permitted in Section 4.05 shall not be considered a commercial or industrial use. 3.09 Development Rights The use:of the acreage of this Property'bu'rdened with this Easement for purposes of calculating .lot yield on any other.property. GranYor.,hereby grants to,Grantee all residenlial� developer eht rights on $he Property and the` _sirties agree that such rights shall be terminated' and exfmguished and iiiay,not be.used ortransferred to any other parcels: ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to this Easement, Grantor, shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the,right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York State, and federal law which will not defeat or derogate from the`purposes of this Easement. 4.04 Landscaping Activities Grantor shall have the right to continue the historical modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased,,dangerously decayed or damaged on the Property. Clearing, cutting and grading within 50 feet of the top edge of the bluff shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species: Such clearing, cutting and grading shall be subject to the prior written consent of Grantee and review by the Town of Southold Planning Board to insure proper maintenance and preservation of the natural buffer on Long Island Sound. 4.05 Agricultural Activities Grantor shall have the right to continue or restore the historical, locally typical and/or. customary modes and levels of farming, including pasturing, grazing, feeding and care of livestock and cultivation: of crops, provided that such agricultural activity shalt be conducted in accordance with the purposes of this Easement and provided that care shall be taken to preserve and protect the rare species of plant life. No agricultural activity shall be conducted within 100 feet of the rare species so that agricultural use of the soil and the application of herbicides cannot affect the rare species. Normal agricultural fencing and accessory structures, as provided in 4.06 B, and as may be reasonably necessary in connection with agricultural use and the maintenance on the Property of horses;;sheep; beef or dairy cattle, or similar domestic livestock, may be constructed, maintained or replaced by.Grantor with the prior written consent of the Grantee. 5 4.06 Structures A. Allowable Residential Improvements. Grantor shall have the right to construct no more than twenty-six (26) single-family residences with appurtenant structures and improvements,reasonably necessary toserve such residences including', without 111mitation, driveways,, garages, storage sheds, sept%c systems and leaching pools, swimming `p'ooI' pool'houses, tennis courts, or other•famffy�scale athletic' facilities. All such residences, structures and improvements shall be constructed, maintained and replaced within the Developrnent Area as described in Schedule,;C,except as provided in Section 3.01. Clearing 'andjgrading within ,each Nsidemial i60shall ti'e limited+'to that ,necessary ` for siting, consuructing renovating. expandm,g, converting or replacing the-res%d`ences and appurtenant structures and.Jrimprovements with.the intent'of`pre' erving,asmuch of the' natural vegetation on the site as possible andjLmiraimizingist'orm sate"r 'runoff and erosion. No:storm water'rurioff resulting fromrth'e•development and`lmproverrtenfof'the subdivision or any of its lot's.shall be discharged;down`•thle fa�elof the bluff. B. Allowable Non-Residential frhprovements. ' Grantor shall have the .right-to erect and maintain the following non-residential improvements in the Open Area which are necessary to and consistent with the uses as permitted in Sections 4.05 and=4.06 hereof: ( i ) Agricultural Structures,' including but not: limited to barns and sheds as is necessay",for the agricultural use of'the Open Area, placed `such that they do not detract from and adversely affect the scenic value of this Easement; and (i i ) Underground facilities normally used'in connection with supplying utilities, removing,,,:sanitary sewage effluent; and controlling storm water runoff from the improvemtents permitted under the terms of this paragraph B hereof. Any such underground-utilities must, to the'extent possible, be, constructed within 30 feet of the center line of roads or driveways, and maybe used solely to service the permitted;structures. No new. `sanitary disposal facilities or structures, with the exceptioni.of that stated in Paragraph (iii) below, shall be constructed or otherwise';located between the high water mark and the one-hundred (100) foot setback from the top-of the bluff a''s shown on the Conservation Easement map marked Exhibit A','and Access Drives, to-provide access to the improvements permitted by this paragraph 4.06 and any existing recorded rights-of-ways to adjacent properties. Access to'the beach down the face of the bluff shall be only by means of a suitable structure. The structure shall be designed and constructed in a manner that will result in the least threat to the stability of the bluff and must be in accordance with all applicable permits;.,-and ( i v) Fences, placed such that they do not detract from and adversely affect the scenic value of this Easement, and ` C. Replacement of Structures In-Kind. In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvement' impractical, erection of a 'structure of comparable size, bulk, use, and general design to the damaged structure shall bspermitted within the same location subject to the review and written approval of Grantee.,' D. Environmental Sensitivity during and after Construction. The use and location of such improvements shall be consistent with the conservation purposes intended herein, and constructed by methods which are attentive to minimizing disturbances to the environment, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. .No storm water runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. ` 6! f 4.07 Notice Grantor shall notify Grantee, in,writing, before taking any action or before exercising any,reserved ,right with respect to the,Pr6perty'wihich..could`adversely:affecY•the'cohservafion purposes which,are the subject of this Easement. This includes the,constructibn':of any permanent or temporarystructures as provided •in Section 4.06 herein. Grantof shall ptovide Grantee With complete documentation including archrtectural plans of ahY�Pid osed giryt:tures ' which are s.bbject to Grantees approval which shall not be unlreasot ably uin°tl khejd. Such approval,,disapproval or.corrirn6ri'ts of Grantee shall{be given to Grantor within.45 days after all necessary d'o6umentatio;6 4nd information is submitted.to Grantee. 4.08Alienabifibi Grantor shall have the right to convey all or any part of its remaining interest in the Property but.only subiect,to this Easement. Grantor shall promptly notify 'Grantee of any conveyance of a r`' Y ` ny'interesf!in the Property;,including the full Haines and.mailin'g addresses of all Grantees; and, he individual' principals thereof, under any:such conveyance. The instrument of any such conveyance shall specifically:set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment.of the'terrris of this Easement, and shall incorporate this Ease'rhent by reference, specifically setting forth the date, office, liber and page of the,record ng hereof. The failure of any such instrument-to 'comply'with the provisions hereof shall not'affect'Grantee's rights hereunder. 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 such payments, Grantee is authorized to make such payments (but shall have no obligation to do so) upon ten days prior written notice to Grantor, according ta'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 two percentage points over the prime rate of interest from time to time charged by Citibank, N:A. ARTICLE SIX INDEMNIFICATION 6.01 Grantor's Obliaations Grantor shall indemnify and hold Grantee harmless from any charges or liens imposed upon Grantee arising from the physical maintenance and upkeep of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 6.02 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments or expenses to Grantee or'any of its officers, employees, agents or independent contractors resulting: a) from injury to persons or damages to Property arising from any activity on-the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 7 ARTICLE SEVEN GRANTEES RIGHTS 7.01 'Entry and- Inspection Grantee shall have,.the right to enter upon the Property at reasonable times, upon reasonable prior notice.to Grantor, and in a manner that will not interfere with the: Grantor's quiet use and enjoyment of the Property, for the purpose:of inspection to determine whether this Easementand its purposes and provisions are being upheld. Grantee shall.not have the right to enter upon tl�e Property ,tor`any other purpose, except as. 'rovided in Section:? 03, nor to permif aocce'sa upon:1hd Property by the public. 7.02 Re§tbration Grantee shall have the right to require the Grantor to restore the Property to the condition'required by this Easement.and to enforce this right by any action or proceeding that the Granteemay. reasonablydeem necessary. However, it is understood and agreed by the parties h-eieto that the Grantor shall not be liable for any changes-to the Property resulting from.cailss beyond the' ' rantor's control, including, without limitation, fire, flood, storm, and earth nidV6 rent, or from any prudent action taken by the_Grantor under emergency conditions to prevent, abate; or mitigate significant injury to the Property resulting fromtsuch-causes. 7.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate, Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at )aw or in equity, in the event any breach, default or violation of any term, provision,:coyenant or obligation on Grantor's part to be observed or performed pursuant to this Easa dpt is not cure'd'by Grantor within thirty (30) days' notice thereof by Grantee (which notice requirement is expressly'waived by Grantor with respect to any such breach, default or Violation,which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the Open Space Values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) to institute's suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) to enter upon the Property and exercise reasonable efforts to terminafa,or'cure such br'each;;default or violation and/or to cause the restoration of that portion ofthe Property affb'cted'by such breach, default or violation to the condition that existed prior thereto or on the dafe'hereof, or to such condition as is expressly permitted hereby or as . may be,pursuant to the terms hereof, as Grantee deems appropriate under the circumstances, or (iii) 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, condit'io'ns, covenants, obligations and puripose.s of this Easemeni;'provided, however, that any failure;,delay.or election to so act by Grantee shall not'l a deemed'to be a waiver or a forfeiture of any right or available remedy on Grantee's'ipart with,respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall! pay, either directly or by reimbursement to Grantee,'all reasonable attorneys' fees, court costs and other'expenses incurred by Grantee (herein called "legal expenses") in connection with any proceedings under this Section 7.03. 7.04 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SEVEN 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. 7.05 Assignability Grantee shall have the right to assign any and all of its rights and responsibilities under this Easement, and 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 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. Any assignment by Grantee or Grantee's'successors must reuire the Assignee or 8 Assignee's successors to carry out the purposes of this Easement. The Assignee and its - successors and assigns shall have the same right of assignment. 7.06. Succession If at any time Grantee or any successor.or assignee is unable to enforce this Easement fully or fails to do so, or if Grantee or any successor or assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section 170 (h)(3) then this Easement:shall be vested in such other qualified corporation, body or agency as defined.and upon the.conditions contained in Section 7.05,as the.Grantee shall designate If, on the occurrence of,any of these events, Grantee or any successor or assignee fails�to, assign alrof its rights and resp'onsi6fii s under this Easement.antl all of ij nghr[s;titre and'interest in�and-to this Easement to'a qualified orgenvatie`n,t rchthc"rigfrts and iosuonsibilftics'under',this Easement shall become'vested in. uno hor 4ua!if;cd organization in acccrdanc, ::,ith a cy pres proceeding brought in.any court of competent jurisdictidn.' 7.07 Extinguishment This easement gives rise to a property right and interest.immediately vested in the Grantee. For purposes of this Section 7.07, the fair market value of such right and interest shall be equal to.the difference, as of the date hereof, between the fair market value of the Property subject to this lEaseme'nt and, the fair market value of the Property if unencumbered hereby- (such difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinafter referred to as the.."Proportionate Share"). In the event a material unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the,purposes contemplated hereby,'resulting in an extfhguishment'of this Easement or any material term or provision hereof by a judicial proceeding;; then upon a subsequent transfer of title to the Property by 'sale; gift; devise, exchange, taking by eminent domain or by purchase in lieu of a taking, Grantor shall pay to Grantee an amount equal to the greater of (x) the consideration paid by Grantee to Grantor for this Easement or (y) the Proportionate Share of the proceeds of such transfer. r If all or any part of the Property is taken under,the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, so as-to abrogate the restrictions imposed by this-Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join 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. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered pro'cedds, Grantee shall bedntitled to the Proportionate Share of the remaining recovered proceeds. The Grantee shall use such proceeds actually recovered by it in a manner consistent with.the purposes of this Easement. The.respective rights of Grantor and Grantee set forth in this Section 7.07 shall' bel in addition to, and not in (imitation of, any rights they may have by law with respect to a modification or termination of this 'Easement.by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. 7.08 No Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property. Accordingly, Grantee shall not invite the public to enter upon the Property without the prior written consent of the Grantor: ARTICLE EIGHT MISCELLANEOUS 8.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 9 iT .-.. ..moi .l 8.02 Amendment This Easement is;made with the intention that it shall qualify as a Conservation Easement in 'perpetuity under I.R.C. Section 170 (h). The4parties agree to amend the:.provfsions:.of this Easement in such manner as may be.indicated,by the internal Revenue Service,:as a result of final determination after audit of the federai income tax return-of`the Grantor, to,entitle the Grantorto the charitable d_ eduction described In '1.R.C. Section a70 (h!. An) suds amelndmcn: shall a 1 ' retroactive pp y ry in thesalne manner as if,suc'h amendlilent or amendments had beon sot forth herein. This Easemont•can bo terminated or modified only in aWdfdahce`wfth tl e'commoo and statutory law of tho Statc o, Nay:' Ycrk applicable to tho teiminalion and'modification cf easements and co e'rianis Running •;:illi •clic lard. Granior and Greintoo recognize;that circumsti,:,cc, cold arise 1r:1116h ::ould ji;�'i;� tha modilicrtien of -certain C the restrictions contained in this Eesomm,il. To this end. Grartoo rind Grantor shall.mulcrally have the right, in their sole discrolion. Lc a,groG to amcrid`monts io this EasoMeot WHich are not inconsistcnl bas:;; purpcsas of )his Easerhent ser fc,lii in the Imrdducticr;1•6reof: 'p:ovidod, ho'v.over, IhaY C,inntee sht ll have no right or po:vor to agrcc•lo any.amcndmcn's-heralo tha¢-eiould result in ;his Eascrr:cnl.fa;ling to ''qualifv as a valid Ccn'servt,lion Easement�undcr.Articlo 40. Title ;i of the Lm:irohrrm!,icl Conservation La: of tnc• Sta;e.cl Nov: Yorle.,as tho same may ue hereafter alrnc.t,,f-tt, any regulaiion issued pursuant Lhorato. or Seclion 170Th) of tl7e Internal Ro':enue Coda ge:te7r.ulg 'nuah icd Consorva:iun Gc:-:iibutiopy ' The.parties ackrrowledge'that the,bdOhdariesr-of the Open Area and the Development Area may have to,be adlusified as;provided'herem,and the parties agreeto,cooperate in such boundary line adjuMmbnts as7r. iY)66.necessary; provided?Aid adjustments would not result in diminution of the Open Area .or"an Increase in thei number ofl lots or primary structures'to-be developed by the. Grantor. 8.03 Severability Any provision of this Easement, restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement which Is determined to be invalid or unenforceable by a court shall be severedfrom the' other provisions, which shall remain enforceable and effective. 8.04' Notice All notices required by this Easement must be written. Notices shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in'an accurately addressed, sealed envelope, marked for delivery by first class` registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Mailed ,notice to Grantor shall be addressed to Grantor's address as recited herein,`or to such other address as Grantor may designate by notice in accordance with this Section 8.04. Mailed 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 8.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 8.05 Governing Law 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. 8.06 Interpretation Regardless of any contrary rule of construction, no provision of this'Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of.this Easement is am6iguou5 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 withthe•purposes of this Easement as intended by Grantor. Any rule of strict construction designed to limit the breadth of 10 the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and, this Easement shall be interpreted broadly to effect the purposes of this 'Easement as intended by Grantor. The parties intend that.this Easement, which is by nature and =cliaracter.primarily negative in that Grantor has restricted and limitedhis right to use the 'Property,,.except as otherwiserecited herein, be construed at all times and'by all parties to effectuate.its Ourposes. 8.07 Warranties The warranties and representation made by the parties in this Easement shall survive its execution.. 8.08 Recording Grantee shall record this Easement,in the land records of the office of the Clerk of the County of Suffolk, State 'of New York. 8.09 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. I f k tt IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Conservation Easement onahe day and year set forth above. ACKNOWLEDGED AND ACCEPTED: BY: •RaoJ:-Witteveen (Grantor) ACKNOWLEDGED AND ACCEPTED: PECONIC.LAND TRUST(Grantee) BY: o n v.H. Halsey Its President STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On this Z 3 day of December, 1995, before me personally appeared Raoul J. Witteveen, who, being by me duly sworn, said that he resides at 368 Daniels Lane, Sagaponack, New York 11962. Grantor mentioned and described in, and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same . Notary Public MELANIE I4 TESSENS Notary Public.State of New York No.03TES035908,Suffolk County Commission Expires November 14,198L STATE OF NEW YORK ) COUNTYOFSUFFOLK ) SS.: On this !-3 day of December, 1995, before me personally appeared JOHN v.H. HALSEY, who, being by me duly sworn, said that he resides at 469 Majors Path, Town of Southampton, New York,that he is President of PECONIC LAND TRUST, INCORPORATED,the Grantee mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein; and that he signed his name thereto by authority of the Board of Directors of the said Corporation. Notary Public MELANIE A.TEP13EN5 - Npta ry rubli,:, �,�.e of t??•ai York No.01TE50354JS,Suboik Count{ Commission Expires November 14, 199L Schedule A: Metes and Bounds Description of the Property. Schedule B: Metes and Bounds Description of the Open Area. Schedule C: Metes and Bounds Description of the Development Area. Exhibit A: Conservation Easement Map 12 SGitFbU E A Description of Property ALL that certain pfot;,,piece, or parcel:of land,with the-buildings,add improvements thereon'erected, situate .,lying and being of East Marion; Town of Southold, County of Suffolk'and Slate.,of New York; bounded and described•as follows: BEGINNING at a point on the northerly side of Main-Road at the southeasterly corner of land now or formerly Frank R: Russel and Others; said point being situate 1776 feet easterly as measured along'the northerly side of Main Road from the intersection of the northerly side of Main Road and the easterly side of Stars Road: RUNNING thence from-said point of beginning along land now or formerly. Frank R. 'Russel and Others the following four (4) courses and distances: 1. North 23 deg. 22 min. 16 sec. West 211.37 feet, 2. South 60 deg. 31 min. 44 sec. West 27.55 feet; 3. 'North 25 deg. 15 min. 16 sec; West 402.42 feet, 4. South-72 deg. 32 min, 04 sec. West 5224 feet to land now or formerly Ronald Edeen, Jr.•,and Barbara Edeen;. RUNNING thence along land now or formerly Ronald Edeen, Jr. andBarbara Edeen the following two (2) courses and distances.- 1. istances:1. South 77 deg. 58 min. 14 sec. West 155.85 feet, 2. South 74 deg. 31 min. 54 sec. West 59.26 feet to land now or formerly Frank E. Begora, Jr. and Iris+R. Begora; RUNNING thence along land now or formerly Frank E. Begora, Jr. .and Iris R. Begora the following two (2) courses and distances: 1. .South 78 deg. 29 min. 54 sec. West 295.42 feet, 2. South 27 deg. 28 min. 06 sec. East 11.58 feet to land now or formerly Myron B. Brown; RUNNING thence South 76 deg. 28 min. 04 sec. West along land now or formerly Myron B. Brown 180.74 feet to land now or formerly John Psaroudakis and Luz Psaroudakis; RUNNING thence North 24 deg.'08 min. 36 sec. West along land now or formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E. Cook 932.76 feet to a point; RUNNING thence South 65 deg. 51 min. 24 sec. West still along land now or formerly Dorothy E. Cook 137.75 feet to the easterly side of a certain 16 foot wide right-of-way through land now or formerly Dorothy E. Cook; RUNNING thence along the easterly side of said right-of-way the following two (2) courses and distances: 1. North 24 deg. 41 min. 56 sec. West 529.80 feet, Page l 2. North 23 deg' 47 mina 16 sec. West 26974 feet to'a point; RUNNING thence still along land noWorforrr[erly Dorothy.E. C,00k.the following:three(3) courses and distances: 1. `North 65 deg. 51 min. 34 sec. East 141.21 feet, 2. North-24 deg, 08 min. 36 sec. West 206.00 feet, 3. North'e25;deg: 26 min. 56'sec. Vilest 311.78 feet to land now or formerly 'Otto Uhl, Jr. et at.; �. RUNNING thence along land nowor formerly Otto U l Jr_ et al: North 61 deg: 16'min. 04 sec. East 156.76 feet to land.,W or formerly Constance J: Terry; :' RUNNING thence along land now or formerly Constance J. Terry the following ten (1 t)) courses and distances:' 1. South 25 deg. 31 min. 36 sec. East 836.45 feet, 2. North 65deg. 47 min. 54 sec. East 288.00 feet, 3. North 24 deg. 12 min. 06 sec. West 176.16 feet, 4. North 24 deg. 38 min. 46 sec_ West 113.47 feet, 5. North 23.deg. 32 min. 36 sec. West 110.05 feet, 6. North 25 deg. 39 min. 46`sec. West 101.00 feet, 7. North 23 deg. 04 min. 56 sec. West 88.65 feet, 8. North 26 deg. 21 min. 26 sec. West 100:90 feet, 9. North'M deg.•48 min. 16 sec. West 101.34 feet, 10. North'33,deg.'26 min. 56 sec. West 68.56 feet to land now or formerly Otto Uhl, Jr. et a[_; RUNNING thence along land now or formerly Otto Uhl, Jr. at al'. the following four (4) coursesi and distances: 1. North 61 deg.,22 min. 14 sec. East 97.62 feet, 2. North 24 deg. 21 min. 26 sec. West 833.61 feet, 3. North 45 deg. 03 min. 26 sec. West 67.42 feet, 4. North 02 deg. 18 min. 04 sec. East 527.67 feet to the approximate highwater mark of Long Island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound the following fifteen'(15) tie line courses and distances: 1. South.83 deg. 14 min. 46 sec. East 28.26 feet, 2. South 62 deg. 51 min. 09 sec. East 201.85 feet, 3. South 13 deg. 33 min. 58 sec. East 39.20 feet, 4. South 41 deg. 24 min. 15 sec. East 85.68 feet, 5. South 35 deg. 17 min. 27 sec. East 447.02 feet, 6. South 54 deg. 42 min. 50 sec. East 142.20 feet, 7. South 61 deg. 51 min. 04 sec. East 142.78 feet, 8. South 67 deg. 52 min. 44 sec. East 167.49 feet, 9. South 73 deg. 20 min. 32 sec. East 501.35 feet, 10. South 70 deg. 23 min. 39 sec. East 215.43 feet, 11. South 73 deg. 28 min. 00 sec. East 227.73 feet, 12. South 71 deg. 06 min. 21 se_c. East 210.19 feet, 13. South 82 deg. 49 min. 39 sec. East 69.50 feet, 14. South 76 deg_ 56 min. 14 sec. East 108.12 feet, 15. South 81 deg. 51 min_ 42 sec. East 321.20 feet to land now or formerly Robert W. Gillespie, Jr. and`David'Giliespie; RUNNING thence along land noworformerly Robert W. Gillespie, Jr. and David Gillespie South 06 deg. 24 min.'34 sec. West 198.78 feet to the approximate Page.2 highwater mark of Dam Pond; RUNNING thence along the approximatehighwatermark.of Dam;Pond.,the . following thirty-three (33 tie line'courses.and distances: 1. South 89 deg. 19 min. 53 sec. West 73.94 feet, 2. North 75 deg. 37 min. 52_se6. West 48.78 feet, i 3. North 87 deg. 59 min. 45'sec. Wbst 58.54=feet, 4. North.89 deg` 33 min: 38 sec. West 37.38 feet, 5 North 63fdeg 46 rim 47F sec West 4602eet;. 6 NorthR8V)deg iiim 49isea V1Vbst 63 84,feet 7 North 66 deg 04 mm 40sec UUlrest 28B;fee ; a. South 33 deg; 57 min. 52i§ec f=asti t80.t, 'fist 9. South 18 deg: 42 min 01ars 1 Fel ff 'eet, 10. North 8914eg.' I0 ruin 25501W. East 68,51 11. South 36cfegt 23 mm. 1�s c_ Egst, 8fi_ et; 12. South 2i�teg' 1.ti mm. !15 secEast' 73.11 feet, 13 South 51 dQ 1;0 rion 48 sec. uWes3 49-25 feet, 14 S, th 32,"dog 39 min. 33 sec East` 58 55'4q'et; 15 S�ruth 7981 de 64 roti 43 sec West 53.121'", 16 South 84 6T 954 min. 21, sec West 46. 2ON' 17 North 77ide°g 57 min 35s . Wes 146I�'f�t 18. Sguth 631degl 65 min 'IO sec lest 66ot 19. South 04idI An. 1 sic Ii1/es` 7313fet, 20. South 2-3 degi mm k sed aistl 5 „ i fe tt 21. Srh u t h 5 cJ' g- 418 min. Se 1 I tt 6 t. 22. Ibrth 86e�g 4�8 mm 5 'secESt 8" ;88 t, 23. South 7�,de i 54 min. 5stm 68 OS f�f, 24. orth 55-t 'e� �9 ruin 0�6,s �t 6ti psi ef, 1 . � 1, 25. forth 14 a 46�min. 31,s' t 92�7�,f t 26 I{I'bo`rtli 53AUeg.L Jj min.. 16 6,66 t 2413 {flet, 27. South 0 [[��,, d're`�. 3� min_ 07 st;t; est 31�5Y t, 28. South 1�1',il,06 ruin. 27 sec. UIst 29. $oath 1 d g 55 min 63 sec East 109:B�f�et, 30. South 56 d Q3 min, 02 soc I st 413 bid f t, 31. South 77' 01 min. 56 sea. s# 6t 3feet, 32_ South 79 dE• . 21 mm 5 y' sic st 79,6 Feet, 33. South 16 dt . 48 min. 2 sec. st 20.4tfie t to land now orformerly J`aseph FrellriL,,k Gazza; RUNNING'thenc' lalig'land how or formerly Joseph Frederick Gazza , along �t 1 land now ar'forrne[ly'Bern. e' Lettieri;,along&Other lands now or formerly Joseph Frederick Gazza, andRaldrtgland novu'or fo erly Andrew Lettieri the following', thirteen (13j courses and distances.- 1. istances:1. North 87 deg: 08 min. 46 sec. West 103.77 feet, 2. North 00!deg. 35' min. 14 sec. East 9.00 feet, 3. North 89 de'gi 05 min. 36 sec. West 450.01 feet, 4. South 69'd4g'. 43 min. 34 sec. West 520.88 feet, 5. South 25 deg, 30 min. 06 sec. East 608.15 feet, 6. North 81 deg_ 12 min. 16 sec. West 312.90 feet, 7. South 32 deg,. 12 min. 06 sec. East 144AGfeet, 8. South 27 doge. 10 min. 36 sec. East 71.14 feet, 9. South 27 dpa. 49 min. 46 sec. East 111.96 feet, 10. South 25 deb. 16 min. 36 sec. East: 598.78feet, 11. South 26 dep'. 45 min. 36 sec. East 387.32 feet, 12. North 63 deg. 0!l min. 44 sec. East 23.10 feet, 13. South 25 deg..30 min. 16 sec. East: 242.90 feet to the northerly side of Main Road';}" II : Pdge 3 I F RUNNING thence along the northerly side of Main Road South 83 deg. 03 min. 14:sec. West a distance of 86.62 feett:to the point or place of BEGINNING CONTAINING ari area of 98.3783 Acres, } SUBJECT to all rights of way, easements and or covenants of record, if any- I k Page 4 ail SCHEDULE B Description of Open- Area ALL that certain plot, piece, or parcel of land, with the buildings and bb erected improvements theresituate lying%and being at East Marion, Town of,, , Southold; Counfy of Suffolk and State of NewiYork bounded and described as follows BEGINNING at a point on the.-northerly side of Main Road at the . southeasterly comer of.land now or formerly.Frank.R. Russel,and Others, said point being situate 177.6 feet easterly as meas..lredalong the northerly side of Main Road from the intersection of;the northerly side of Main Road and the easterly 'side of Stars Road: RUNNING thence from.said point of beginning along land now or formerly Frank k,Russel and Others the following four (4) courses and distances: 1. .North 23 deg_ 22 min. 16 sec. West 211:37 feet, Z South 60 deg. 31 min..44 sec. West 27;55 feet, 3. North 25 deg_ 15 min. 16 sec. West 402..42 feet, 4_ ,South 72 deg. 32 min. 04 sec. West 52:24 feet to. land now or formerly Ronald Edeen, Jr. and Barbara Edeen;,: RUNNING thence along land now or formerly Ronald Edeen,`Jr. and Barbara Edeen the following two (2) courses and distances: 1. South 77 deg. 58 min. 14 sse'c. West 155.85 feet, 2. South 74 deg. 31,min. 54 sec. West 59 26 feet to land now or formerly Fiank E. Begora, Jr. and Iris R'.iBegora; RUNNING.thence along land now or formerly Frank E. Begora, Jr. and Iris R. Begora the following two (2) courses and distances: 1. South 78 deg. 29 min. 54 sec. West 295.42 feet, 2. South 27 deg. 28 min. 06 sec. East 11.58 feet to land now or formerly Myron B. Brown; RUNNING thence South 76 deg. 28 imin. 04 sec. West along land now or formerly Myron B. Brown 180.74 feet to land now or formerly John Psaroudakis and Luz Psaroudakis; RUNNING thence North 24 deg. 08 min_ 36 sec. West along land now or formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E. Cook 932.76 feet to a point; RUNNING thence South 65 deg. 51 min. 24.sec. West still along land now or formerly Dorothy E_ Cook 137.75 feet to the easterly side of a certain 16 foot wide right-of-way through land now or formerly Dorothy E. Cook; RUNNING thence along the easterly side of said right-of-way the following two (2) courses and distances: 1. North 24 deg. 41 min. 56 sec. West 529.80 feet, Page 1 2. North 23 deg. 47 min. 16 sec. West 269.74 feet to a point; RUNNING thence still along land now or formerly Dorothy E..Cook the >following.three (3) courses arid''distances: 1. North,65 deg. 51 min. 34 sec.. East 141.21 feet, 2. -North 24 deg. 08 min. 36 sec. West 206.00 feet, 3_ North.25 deg:.26 min. 56 sec. West 311.78 feet to land now or formerly Otto Uhl, Jr. et Ed.; RU.NNI.NG_Ihpnce along land ndw or formerly Otto Uhl, Jr. ot.al...North 61 deg. 1`6 min. 04 sec:sEasf 1 6:"76 feet to land nok orformerly Constance J. Terry; RUNNING thence along land now or formerly Constance J. Terry the following two (2) courses and.distances: 1. South 25 deg. 31 min. 36 sec: East;,836.45 feet, 2. North 65 deg. 47 min. 54 sec.1 East 288.00 feet to the southeasterly corner of land now or formerly Constance J. Terry; RUNNING thence through land of the party of the first part the following four (4) courses and distances: 1. North 56 deg. 14 min. 44 sec. East. 225.54 feet, , 2. South 33'deg. 45 rein. 16 sec- Eas.( 145;98 feet, 3. on a curve to4th.e right having a radius of 755.00 feet a distance of 108.21 feet, 4. North 64 deg.?;,27 min. 26 sec., East, 287.67 feet to land now or formerly Joseph Frederick Gazza; RUNNING thence along land now or formerly Joseph Frederick Gazza, and along land now or formerly Andrew Lettieri the following nine (9) courses and distances: 1. South,25 deg. 30 min_ 06 sec. East 608.15 feet, 2. North 81 deg. 1.2 min. 16 sec. West 312.90 feet, 3. South 32 deg. 12 min. 06 sec. East 144.10 feet, 4. South 27 deg. 10 min. 36 sec. East 71.14 feet, 5. South 27 deg. 49 min. 46 sec. East 111.96 feet, 6. South 25 deg. 15 min. 36 sec. East 598.78 feet; 7. South 26 deg. 45 min. 36 sec. East 387.32 feet, 8. North 63 deg. 01 min. 44 sec: .East 23.10 feet, 9. South 25 deg. 30 min. 16 sec. East 242.90 feet to the northerly side of Main Road; RUNNING thence along the northerlyiside of Main Road South 83 deg. 03 min_ 14 sec. West a distance of 86.62 feet to the point or place of BEGINNING. CONTAINING an area of 36.1138 Acres. SUBJECT to all rights of way, easements and or covenants of record, if any. d Page 2 i i SCHEDULEC g� Description of Development Area 4 I f ALL that certain plot piece, or parcel of land,with the buildings and impGovements fh'ereen,erected; situate- lying;and being afEast Mdrion; Town'of Southold, County of 5t,if6lk and State of Ne'w' York, boundedEand described as follows: BEGINNING at`a-point marking the.�§outheasterly corner of land how-or formerly Constance :,Terry; RUNNING thence from said point'of beginning along land now or formerly Constance1J_ Terry file following eight (8);courses and distances: 1. North 24 deg. 12 min. 06 sec.-West 176.10 feet, 2. North 24 deg. 38'min. 46 sec. West 113:47 feet,, 3. North 23 deg. 32 min. 36 sec. West 110:05 feet, ' 4. North 25 deg. 39min. 46 sec. West 101;00 feet, `. 5. North 23 deg. 04.min. 56 sec. West 88;65 feet, 6. North 26-deg. 21 min. 26 sec. West 100 90 feet, k 7. Notth 281deg. 46 min. 16 sec. UVest 101.134 feet, 8. Nptth 33 deg. 26,min. 56 sec. West 68:56;feet to land now or formerly Otto Uhl, Jr.. et al.; RUNNING thence along land now or formerly.Otto Uhl, Jr. at al..the following four (4) courses and'distances: 1. North 61 deg. 22'min. 14 sec. East 97.62 feet, 2. North 24;deg. 21 min. 26 sec. West 833.61 feet, ' 3. North 45 deg.r03-min. 26 sec. West 67.42 feet, 4. North 02 deg. 48.min. 04 sec. East 527.67 feet to the approximate highwater mark of Long Island Sound; RUNNING thence along the approximate.highwater mark of Long Island Sound the following fifteen (16) tie line courses and distances: 1. South 83 deg. 14 min. 46 sec_°East 28.26 feet, Ik 2. South 62 deg. 51 min. 09 sec. East 201.85 feet, 3. South 13 deg_ ,33 min. 58 sec. ,East 39.20 feet, 4. South 41 deg. 24,min. 15 sec. East 85.68 feet, 5. South 35 deg. 17 min. 27 sec. East 447.02 feet, f 6. South 54 deg. 42 min. 50 sec. East 142.20 feet, 7. South 61 deg. 51;min. 04 sec. East 142.78 feet, 8. South 67 deg. 52 min. 44 sec. East 167.49 feet, 9. South 73',deg. 2.01 min. 32 sec. ;East 501.35 feet, 1.0. South 70;deg. 23j min. 39 sec. East 215.43 feet, 11. South 73ldeg: 281 min. 00 sec.,East 227.73 feet, 12. South 71 deg. 06;min. 21 sec.;East 210:19 feet, 13. South 82 deg. 49.min. 39 sec. ,East 69.50 feet, 14. South 76 de,g;. 56jmin. 14 sec. East 108:12 feet, 15. South 81 deg: 51 Amin. 42 sec. East 321.20 feet to land now or formerly Robert W.,Gillespie, Jr. and David Gillespie; I Page 1 RUNNING thencealong land now or formerly Robert W. Gillespie, Jr. and David Gillespie South 06 deg_ 24 min. 34 sec. West 198.78 feet to the.approximate highwater mark of Darr] Pond; RUNNING the' nce$Iong the approxim to highwater mark of barn Pond the following thirty-three (33)aie, line courses nd distances- 1 South'89 deg:' 19 min. 53'se'c: West 73.914`feet, . 2. North 75 d'eg,i 37 min_ 52 sec'West` 48.7,8 feet; 1 3 North 87 adeg 59,Tnm_ 45;sec VF)'est�� 58.54 feet J 4 0,orfh 8qefeg`A'33inm_ 38 sed,.-d1`/iyst, 37..3846ef, 5 tlartti 63 deg X46 min_ 47jsec" West< 46. (feet, 1 6. North 85 deg 42'mm. 49sob VVe't 63 84`foet, 7. Norfh 66`de 04.rhm. 46 e� t 9 � 213 OS eel; 8. South 33 deg; 57 mm 52,,sec i st, T80y8 'feet; 9. South•1.&deg. 42min. 02'tse�1 °E 10. Noah 8.9 deg.'10 mm :251s66, Eek: 85.79^met, 11. Sobth 3 ,ldega 23 min. 13,seo �st� 81,33teet, 12. South 24'deg, Oser Ea 73 1;.i feet, 13. South 51 dpg_ TO min. 4i4s'e Weit 4 _2 ,'feet, 14 South 3Zdeg:3g mm 3Jseo Eat 5&85`1 t, 15. South 2pde9. 04 mm 43j;.se8. 0.1 5'3.T2.feet, 16. South 8jzdegr,i54 min. 21j c t 46 'teat, 17. North 77:d;eg 'S7'min. 18 Sduth 63ideg 5 mm 1,O e 64I,, 164t, 19. So�lHh�04Ege6'�,�56 riin. 12 " s T3. eel, 20. 912dideg.' 1b'mm. 55I�;& 0 58. 'feet; 21. SoiLfh 55I ,ep. 48 rain. 53!fs0O 32. feet, 22 t�lOn-tu86, eg 48 min 55Aee s [ B2eel 23 South 7$ ''&b 54 chin 561a " 68 OS eet 24. Forth 55"'���g.39min. 09S e; � 61, 1•feat' 25. f?iiorth 14 deg. 48 rein 34,'a 92.74 ,eet, 26. Orth 53c'� '' �'_ al min 1Ge ! 24, ; eet, 27. th 071 dlrg. 39 rein. 07�s r 31. feet, 28. ' ii h 11a d"- . 06 t eg ram. 27 sec a"t 49.W'feet, 29. ''ufh 1 . 5$,mm 03is;c a 106. -fit 30. S�ufh 5 , d ,g Q' mm 02 e _ �t 48 feet 31- S , 7 Vide M mm 5f�sec, t 61 'feet, 32. S , th 79�dOg 2�I rain 50!3 "c t 79 6c8 faet, 33. S�Outh 16Ig 48 rnm. 29;se . 20.47 flet to Land now or formerly Je°ph Fiexlerick Gazza;1 ray RUNNJVG thenckal&rg.)and nove,orf�merly Joseph Frederick Gazza ,along land now oA drmeYl,y'�rn;ce4Lettieri,.I along other lands now or formerly Joseph Frederick azza tl eryfolloWing four'(4}ooPsOs and'distances: ;1 1. North 87 deg. 08 min. 46 sec!. W deg. 103.77 feet, 2. North 00 de ". 35 min. 1411sec, East 9.00 feet, 3. North 89 deg: 05 min. 36 sect West 450.01 feet, 4. S,guth 89 d". 43 min. 34 sec. V'Vest 520.88 feet to the northwesterly comer of lan'.d now'or formerly Jogeph Frederick Gazza; RUNNING thence through land of the party of the first part the following four (4) courses and distances' 1. South 64 dei. 27 min. 26 sec. West 287.67 feet, 2. on a curve to the left having a radius of 755.00 feet a distance of 108.21 feet,]; 3. North 33 deg. 45 min. 16 sec. !Nest 145.98 feet, Page,-2 4. South 56 deg` ;14 min. 44 sec. West 225.54,feet to the southeasterly corner of land now or formed Constance J. Terry and the point or place of BEGINNING. CONTAINING an area of 62.2645 Acres. 9 SUBJECT to all rights of way, easements and or covenants of record, if any. 1, i F i I Page 3 �X,1�3�90 MOO Ntlld A& 10 G pq ,�ls NO aNOd VIV(l Z--I�W.—18RAF2— v pFFOL PLANNING BOARD MEMBERS O O JERILYN B.4Z'OODHOUSE .i. G P.O. Box 1179 Chair y� Town Hall, 53095 State Route 25 C y Southold, New York 11971-0959 RICHARD CAGGLINO y. Telephone (631) 765-1935 WILLIAM J. CREMERS Fax(631) 765-3136 KENNETH L.EDWAR.DS NI.kRTLN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 3,2004 DEVELOPMENT RIGHTS - PRIORITY 1 Mr. James Richter Office of the Town Engineer Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Dear Mr. Richter: The Southold Town Planning Board hereby refers the foll.6wing application for your review: Application Name: Major Subdivision of Cove Beach Estates, LLC Tax Map Number: 1000-22-3-9.1., 18.1, 18.7 & 18.8 Street Location: North of S.R. 25 Hamlet Location: East Marion Type of Application: Road Profiles Shown on Final Plat (Dated Grading and Drainage Plans (Dated: Other (Dated: Sketch Site Plan (Dated: Preliminary Site Plan (Dated: Grading and Drainage Plans (Dated: BOND ESTIMATE (Dated January 9, 2004: Comments: R&D plan has been previously reviewed and accepted by your department. New submissions with your recommended changes. Contact Person: Mark Terry CHARLES R.CUDDY r/�j� ATTORNEY AT LAT 145 GRIFHNG-IVENUE RI VERHE AD,NET YORK :kddr_s: TEL: (631)369-8270 P.O. Bos 1544 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cmldy@verizon.net March 2, 2004 i i Mr" Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route 25 P.O:Box 1179 Southold,NY 11971 Re: Cove Beach Estates, LLC SCTM#1000-22-3-9.1., 18.1, 18"7, 18.8 Dear Mr. Terry: We are enclosing a Construction Cost Estimate prepared by Tom Wolpert, P.E. of Young&Young. Please have this revie,.ved by the Town Engineer and confirm that Cove Beach may obtain a performance bond based on this estimate. Very truly yours, L Charles R. Cuddy'/'Anil CRC:ik Enclosures MAR _ 4 0 D 2 04 Southold Town Planning Baan Revised January 04 R ry 9 2 0 March 26, 2002 CONSTRUCTION COST ESTIMATE Prepared for Cove Beach Estates . at East Marion, T/O Southold, New York i 1 t { Item Item Description Qtv- & Unit Unit Price Total 1 Clearing & Grubbing 5.6 Acres $2,500.00 $14,000.00 2 Rough Grading/ Uncl. Excavation 9,500 C.Y. $2.00 $19,000.00 3 Belgian Block Curb 580 L.F. $10.00 $5,800.00 1 4 Fine Grading 13,000 S.Y. $1.50 $19,500.00 f 5 Catch Basin 26 Each $2,000.00 $52,000.00 6 Drng:Manhole w/Solid Cover to Grade 0 Each $1,500.00 $0.00 7 Leaching Pool - 10' Dia. 831 V.F. $250.00 $207,750.00 8 Drainage Pipe -24" Dia. 0 L.F. $30.00 $0;.00 9 Drainage Pipe - 18" Dia. 288 L.F_ $25.00 $7,200.00 - 10 Draiange Pipe- 15" Dia. 910 L.F. $20.00 $18200-00 i 11 Pipe End Sect. -24" 0 Each $500.00 $0.00 12 3/4" Stone Blend or RCA Base 985 C.Y. $30.00 $29,550.00 I 13 Asphalt Binder Course - 2 1/2" 1,304 Tans $60.00 $78,240.00 14 Asphalt Wearing Course - 1 112" 782 Tons $60.00 $46,920,00 4 15 Concrete Driveway Apron 100 S.Y. $25.00 $2,500.00 16 Street Light 3 Each $2,000.00 $6,000.00 17 Concrete Survey Monuments 25 Each $100.00 $2,500.00 18 Topsoil & Seed 14,825 S.Y. $2.00 $29,650..00 19 Street Sign 4 Each $200.00 $800.00 20 Fire Well 2 Each $15,000.00 $30,000.00 21 Maint. & Protection of Traffic Lump Sum Lump Sum $3,000.00 Sub-Total = $572,610.00 + 6 % Administration Fee = $34,356.60 TOTAL = $606,966.60 p Ec� � a � E LMAR - 4 2004 D Southold Town Planning Boar MON r7V '20 isr CHARLES R.CUDDY -kTTORHEY AT L k Ya J 1 445GRIFFItiG aVENUE RIVERHEAD,NET YORK K,ilins Addces=: TEL: (631)369-4700 P.Q.Box 1547 F'X (631)369-9080 Ri,,e h ad,NY 11901 E-mail. charles.euddyCverizon.aet March 2, 2004 Mr. Mark Terry i Southold Town Planning Department ' SouthoId Town Hall 53095 Route 25 P.O_ Box 1179 Southold, NY 11971 Re: Cove Beach Estates, LLC SCTM#1000-22-3-91., 18.1. 18.7, 18.8 Dear Mr. Terry: We are enclosing a Construction Cost Estimate prepared by Tom Wolpert, P.E. of Young&Young. Please have this reviewed by the Town Engineer and conform that Cove Beach may obtain a performance bond based on this estimate. Very truly yours, Charles R. Cuddy CRC:ik Enclosures p � CE0VE MAR - 4 2004 D : Sovtnafd Town Planning Boar! Revised January 9, 2004 March 26, 2002 CONSTRUCTION ZOST ESTIMATE Prepared for Cove Beach Estates at East.Marion, TIO Southold, New York d Item Item.Descriptiort QtY- & Unit Unit Price Total 1 Clearing & Grubbing 5.6 Acres $2,500.00 2 Rough Grading I Uncl. Excavation $14,000.00 9,500 C.Y. $2.00 $19,000.00 3 Belgian Block Curb 580 L.F. $10.00 $5,800.00 4 Fine Gradin g 13,000 S.Y. $'1.50 $19,500.00 5 Catch Basin 26 Each $2,000.00 6 Dmg. Manhole.w/Solid Cover to Grade 0 Each $52,000.00 $1,500.00 $0.00 7 Leaching Pool - 10' Dia. 831 V.F. $250:00 8 Drainage Pipe-24" Dia. $207,750.00 0 L.F. $30.00 $0.00 9 Drainage Pipe - 18" Dia. 288 LF_ $25.00 10 Draiange Pipe - 15" Dia. $7,200.00 910 L.F. $20.00 $18,200.00 11 Pipe End'Sect. -24° 0 Each $500.00 12 314"+Stone Blend or RCA Base $0.00 985 C.Y. $30.00 $29,550.00 13 Asphalt,Binder Course-2 112" 1,304 Tons $60.00 $78,240.00 14 Asphalt-Wearing Course - 1 112" 782 Tons $60.00 .15 Congrete,Driuewa A $46,920.00 - y Apron- 10D S.Y. $25.00 $2,50D:00 16 Streef,ught . 3. Each $2,0.00.00 17 Concrete.Survey Monuments $6,000 .00 25 Each $100.00 $2,500.00 18 Topsoil S'Seed 14,825 S.Y. 19 Street Sign $200 $29,650.00 4 Each $210.00 $800.00 20 Fire Well 2 Each $15,000.00 21 Maint. & Protection of Tra`fic Lump Sum Lump $0,000.00 Sum w..,DODAO Sub-Total = $572,610.00 + 6 % Administration Fee = $34,356.60 TOTAL = $606,966.60 p E C E V E MAR - 4 2004 Southold Town Planning Boaarf PUNNING BOARD MEMB S OL'tC JERILYN B.WOODHOUSE �0 G P.O. Box 11'9 Chair C Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 RICHARD CAGGIANO ® Telephone (631) 765-1938 I=LAM J. CREMERS KENNETH L.EDWARDSFax (631) 765-3136 MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 4, 2004 Cynthia Goldsmith, Secretary East Marion Fire District P.O. Box 131 East Marion, New York 11939 Dear Ms. Goldsmith: I Enclosed please find one (1) site plan/survey, dated October 31,2003, for the Site Plan/Subdivision for Cove Beach Estates, North side of Route 25, East Marion. SCTM# 1000-22-3-9.1,18.1, 18.7 and 18.8. O The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether firewells are shallow or electric. O The enclosed subdivision is being referred to you for your recommendation at to whether any firewells are needed. Please specify whether firewelis are shallow or electric. Thank you for your cooperation. Very trulyn y?I, , Mark Terry Senior Environmental Planner enc. FAX NO. b. 02 2003 04:25W P1 Pr Wi PrudeoW Domes Elliman Foul Ealale 10;'UC�Ij3iii Fwd 5�, ��p���,� t4.5triWck.PJY 11552 ATO A �` Iq" d�S. �FrPY'�! Bus 631'7*8000 1 Fn.634 298-B!23 �r'•¢5f—O /�"`� ��G'�f�j^�/ I�.''�- vatw pr�Ger�taalellirt•.z�i.ccm I February 9,-4004 To W hors it May C�mcer Let ii bv-l'aao w.i that VT.Laren Pf ra iti is working on the behalf of Cove Such Estates as r.cmordiaaLag agene for per.niltiar,road corastru.tion 42d utility insiallwon,ect. W, h1eby ipim oertnission fer .Nlr. 17'=n Pfonrig to review any and all documents as well as ctserdiuKte df c*xmrxdor'r activities fnr Cove Reach Estates- Thak You, PrudW1;a1 Douglas Elliman:foal [,;state D Cell 516-695-3433 FEB 10 20,04 ]lS t'ri Pfe- -g Southold Town � P!ann!ng Bear+P.O. Box i 33l Mat tuck.NY11452 e . . . . .. US:*: a 1-248-0214 -'...._ - ax: 6s i-298-+r235 Cell: 631-904.8088 �M�eluwe;Nx wr;�vtlaGz+eWa�mmN�.in,.h,� irti ewu Fsae err.,,,,, .. PLANNING BOARD MEMBERS ��$UFFO(,�c JERILYN B.WOODHOUSE P.O. Box 1179 Chair A y`T Town Hall, 53095 State Route 25 a y Southold, New York 11971-0959 4 RICHARD CAGGI.4NO y, Telephone (631) 765-1938 WILLIAM J. CREMERS KENNETH L.EDWARDS 'aij� ® oP� Fax(631) 765-3136 w.' MARTIN H.SIDOR ®1 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 8th day of March, 2004 on the question of the following: I' 6:00 p.m. Public Hearing for the proposed lot line change for Fishers Island Development Corp. and K. Louise Bogert. The parcels are located on Fishers Island, adjacent to (no #), unimproved FIDCO road, approximately 809 ft. off of East End Road Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-10-6-1.9,1.10, 2.3 and 3.1 6:05 p.m. Public Hearing for the proposed site plan for Silver Nail Vineyards. The property is located 3,612' east of Peconic Lane, on 6e north side of State Route 25, in Southold, Town of Southold, County of Suffolk, Stam of New York. Suffolk County Tax Map Numbers 1000-75-2-15.1 & 15.2 6:10 p.m. Public Hearing for the proposed amended major subdivisionfCodvie.B 51% --stat s The property is located on the north side of NYS Route 25, 1,776' east of Stars Road in East Marion, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-22-3-9.1, 18.1, 18.7 and 18.8 6:15 p.m. Public Hearing for the proposed site plan for Daffodils Country Store. The property is located 832.77' west of Kenny's Road, on CR 48, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 59-9-30.4 Dated: 2/17/04 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, FEBRUARY 26, 2004 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Feb-23-04 01t49P times/review 6312983287 P.01 FE6. 2 . 2061 2 50 )UTHDLC Sl Rti'Ia0R N0, 471 F. 1 R.D. Banc 1179 53095 Route 25 Sauthbld„ NY 11971 Soti-t uald Town Phone: (631) 765-1938 Plara-iing Bard Fax (031)765-3136 E PAai9; planningQsouthold.org j - Ta; The Suffolk Times Prawn; Valerle Soopa=aroi jRax Payees 2 Phor� Warn 2117/04 Re: Legal A6 for 2116103 Editlon GCe urgent For Review Please Catnsnent Wase Reply ps Rewomm d 4 Q Please print the following legal ads In the 2126!04 editron.Thanks_ :YU04 Regular Meeting: 0:00 p.m. FIDCOIBagert Lot tine Change 6:05 p.m. Silver Nail Vineyards Site Plan 6:10 p.m. Cave Beach Estates Amended Major Subdivislon 6:15 p.m. Daffodils Country Store Site Plan Wndly acknowledge receipt by signing below and faxing cover letter back. Received by: Date: PLANNING BOARD MEMMhR9 JERILYN B.R'OODHOUSE .r� � G P.O. Box 1179 Chair G Town Hall, 53095 State Route 25 CM Southold, New York 119 71-0959 RICFLIRD CAGGLANOy. • Telephone (631) 765-1938 NVILLL11�1 J. CREMERS KENNETH L. EDWARDS rfJ Fax 1631) 765-3136 it 11ARTIN H.SIDOR I PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 8th day of March, 2004 on the question of the following: 6:00 p.m. Public Hearing for the proposed lot line change for Fishers Island Development Corp. and K. Louise Bogert. The parcels are located on Fishers Island, adjacent to (no #), unimproved FIDCO road, approximately 809 ft. off of East End Road, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-10-6-1.9,1.10, 2.3 and 3.1 Dated: 2/17/04 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, FEBRUARY 26, 2004 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The New London Day Sen' by: —Nt DAY CLA68IF—U 669 442 0443, U2/2312UU4 11 :3U; V Uy,�a Hage 1/1 MB@e1 V6Gx r'+ Iuu-x irp - r w..• ,waax�a wx+, �_� . �+:d� • 1 1=ROM : SOIJTFOLD TOWN PL.ANN2 M. 6OARD } F*P NO. 631 765 7_36 Fcb. 17 2004 03:59FM PI P.O. Box 1179 X3096 Route 25 Southold, NY 11971 Southold Torun Phone:(631)766-1938.. Pgannk-ig Beard Fax:(631) 765~3136 f i l ftx To; The Day Puhlighirlg Co: from: Value SwpaPfcarol Fax 88D/442-5443 - raaeee 2 M Pho�rx 8601442-2200 naft 2/17/04 Rim Legal Ad for 2f2t;d04 Edition cc: - - -- - - Urseat For Review. : . :P4iP�Ctimx~eet please Reply As PeWested Please print the folloWrig legal ad in ycur2/P6/04 edition. Thanks. 6:00 p.m. Fishers Island pevelopment Corp./K_. Louise Bogert Lot Line Change Kindly acknowledge rot-Opt by signing below and faxing cover letter back. Received by: Date: C> '. C PLANNING BOARD MEMBERS JERILYN B-WOODHOUSE `Z® �G P.O. Box 1179 Chair j �� Town Hall, 53095 State Route 25 ® - Southold, New York 11971-0959 RICILARD CAGGI4NO ,y. T Telephone (631) 765-1938 WILLL MJ. CREMERSG KENNETH L.EDWARDS �' ® ��� Fax(631) 765-3136 MARTIN H. SIDOR ��I �T•a 9 j PLANNING BOARD OFFICE j TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article j - -- XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 8th day of March, 2004 on the question of the following: 6:00 p.m. Public Hearing for the proposed lot line change for Fishers Island Development Corp. and K. Louise Bogert. The parcels are located on Fishers Island, adjacent to (no #), unimproved FIDCO road, approximately 809 ft. off of East End Road, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-10-6-1.9,1.10, 2.3 and 3.1 6:05 p.m. Public Hearing for the proposed site plan for Silver Nail Vineyards. The property is located 3,612' east of Peconic Lane, on the north side of State Route 25, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-75-2-15.1 & 15.2 6:10 p.m. Public Hearing for the proposed amended major subdivision Cove Beach Estates. The property is located on the north side of NYS Route 25, 1,776' east of Stars Road in East Marion, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-22-3-9.1, 18.1, 18.7 and 18.8 6:15 p.m. Public Hearing for the proposed site plan for Daffodils Country Store. The property is located 832.77' west of Kenny's Road, on CR 48, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 59-9-30.4 Dated: 2/17/04 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) i CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York j being duly sworn, says that on the 18th day of February, 2004 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in j a most public place in the Town of Southold, Suffolk County, New York, to wit: Town j Clerk's Bulletin Board, Southold Town Hall„53095 Main Road, Southold, New York 3/8/04 Regular Meeting: 6:00 p.m. Public Hearing for the proposed Lot Line Change for Fishers Island Development Corp. and K. Louise Bogert SCTM#s1000-10-6-1.9, 1.10, 2.3 & 3.1 6:05 p.m. Public Hearing for the proposed Site Plan of Silver Nail Vineyards SCTM#s1000-75-2-15.1 & 15.2 6:10 p.m. Public Hearing for the proposed Amended Major Subdivision Cove Beach Estates SCTM#1000-22-3-9.1, 18.1, 18.7 & 18.8 6:15 p.m. Public Hearing for the proposed Site Plan for Daffodils Country Store SCTM#1000-59-9-30.4 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this day of l"✓ KUA-- ,, 2004. M Notary Public ZQ OZ`9 yomn sajidx3 waal A]uno0 mlogns ui pai}psn0 U60Z090O W'ON 3Pok MON}o a}e;S 'onund ANtliON NH08 TV VONAI STATE OF NEW YORK) )SS: COUNTY OF Sb'` FOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy,has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 26th day of February 2004. Principal Clerk I i 1 i jSworn to before me this cR_7 day of 2004 i CHRISTINA VOLINSKI _— NOTARY PUBLIC-STATE OF NEW YORK - t No. 01-VO6105060 � i Pif3�4.�01'••'�3�I,�E'-'f1�6�IN[i Qualified In Suffolk County &H Commission Expires February 28, 2022 Pu>- fr* 1i336-xrTBre 'tvs" La, ma wowed'of the Code of the Town 0f 5' f thnLi,a public lQdne AA '.Ile old h).41l somhold-Town Piadaing - 13osr& of tLa—Toq%Fair-1Ctaio_R14 ,southold New fork in said Topna[the $lbda�',8T Mar1�. Oa ubet'Necft()n - ft'00 p.m.Publie ffeaftg fur the p:c.. '(ii.�ai klll,`mri'FG nFeJur�sGzn 1=1add Iy'Loase Bggar�i. The-parcels .e locuted wm fish-e#sklma.atltaxrci+ {tii a,;w�n- pfdfAifBJC{�-K�-ruad-aPP[t1a_ltt�kW;lt"J�r.10 fE=vg..of F•:r Eod�Roa_V_ fnnyl of -Somhold Cosui s f Sabolk.-5rate of Nrw�Yark. Sigj':�®i'CnuoSj Tax mar, Num�-kilfdl-121-6.1-4:1'.10. 2.3 and 3.1 _ 6.05 P,m:Pubix_Nedtalg:iir me pro- posed-- §6 PLO fbr--S-1 er Nal 3t 't weyards.'Tiir,. �uperry_i.s .I;xsred "3.612'-e isl:of;Po Al-LMIe on the upnh side,:o-f:itipF..-R,xuz-_i. in Southold.T 1P1oF5npelmld fnuaty-Of Slrfwk_Stade of i4ru-YOrk_- Swil;lk -Cuum}.lax Ma�Number,-IWO.7s-'. Lsi+&r5:_^^- t KO pain %bbc liepon€tor-winyn, posed-amended mW—r sut+ini,-4on Cace on the-f 4*V &-ts,Rnule 2:. 1 776':east of Sum' 4dad in ,Ea-.t NL%iou;-iuno of »onlaid Cemty of - 1 5uftoke.$tare afq: !od<. Sayow Concert T'ax Islay Number - I a.1.1§A.'4X?aad I$sS 6115 Hear g farlhe pm- pu ed iup a� nr_U,ltiurhl Couno- Strt .AfadYn ort-t 4i:{o,,,+Wi i942w,:: •ntK;a aµcs_Rg5d. ,rd CR 4F in SOvRmI�-':�NFtP�wltial�4c'rhuaf�uF ' '3uttnll[.-=" uir Ry- NA-506a Cmrn las 11ia{.*1VOn[irs( I-Im 79 4- Q PLANNING BOARD MEMBEEt`S �D� 'rF®��i CO O (� P.O. Box 1179 JERIL4N B.hair USE +',`� �` Town Hall, 53095 State Route 25 Char Southold, New York 11971-0959 RICHARD CAGGIAN0 c7 - Telephone (631) 765-1938 6VILLL92Q J. CREMERS KENNETH L.EDWARDS `* �O! - Fax(631) 765-3136 MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD 1 February 10, 2004 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, New York 11901 RE: Proposed Major Subdivision for Cove Beach Estates Located on the north side of NYS Route 25,1000' east of Kayleigh's Court in East Marion SCTM#1000-22-3-9.1,18.1 , 18.7 & 18.8 Zone: R-80 Dear Mr. Cuddy: The Southold Town Planning Board, at a meeting held on Monday, February 9, 2004, adopted the following resolution: WHEREAS, the applicant proposes to subdivide a 104.40 acre parcel into 12 lots; and I WHEREAS, the Peconic Land Trust holds a Conservation Easement on 100.60 acres of the 104.40 acres; and WHEREAS, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law, acting under the State Environmental Quality Review Act, established itself as lead agency for the action on March 10, 2003; and WHEREAS, on October 15, 2003, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, Part 617. Article 7, made a determination of non-significance and granted a Negative Declaration; therefore be it RESOLVED that the Southold Town Planning Board set Monday, March 8, 2004, at 6:10 p.m. for a preliminary public hearing on the maps as revised, October 31, 2003. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign %vill need to be picked up at the Planning Board Office, Southold Town Hall. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday, March Cove Beach Estates — Page Two — 2/10/04 5th,The sign needs,to be returned to the Planning Board Office afterthe public hearing. Please contact this office if you have any questions regarding the above. Very truly yours, i ` erilyn B. Woodhouse Chairperson encl. cc: Melissa Spiro, Land Preservation Coordinator l Southold Town Planning Board Notice to Adiacent Property Owners i You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a major subdivision; b 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#s1000-22-3-9.1, 18.1, 18.7 & 18.8; 3. That the property which is the subject of this application is located in the R-80 Zoning District; 4. That the application is for 12 lots on 104.4 acres located on the north side of C NYS Route 25, 1776' east of Stars Road in East Marion; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, March 8, 2004 at 6:10 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owners Name(s): Cove Beach Estates, LLC Date: 2/13/04 AFFIDAVIT OF POSTING Th'fs.fs'to`serve notice#hat I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to.the date of the pubfid hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every propefty which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 3/5/04 Re: Proposed Major Subdivision Cove Beach Estates SCTM#s: 1000-22-3-9.1, 18.1, 18.7 & 18.8 Date of Hearing: Monday, March 8, 2004. 6:10 p.m. §'58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 68 NOTICE OF PUBLIC HEARING § 58-1. Providing notice of public hearings. IIIISTORY: Adopted by the Town Board of the Town of Southold 12-27-1996 as L.L. No. 25-1596: A neadaients noted where applicable.] 58-1. Providing notice of public hearings, Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon,,The board or commission reviewing an application shall providefor the giving of notice: A. .By causing a notice giving the ,time, date, place and nature of the hearing to be published In the official newspaper within the period prescribed bylaw. B. -Bp requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing.each public or private street which the property involved in the application abuts,.giving notice of the application, the nature of the approvaI sought thereby and the time and place..pf the public hearing thereon. The sign shall beset back not more than ten (10) feet from the properly line. The,sign shall be displayed for a period.of not lees 'than seven (7) days immediately preceding,the;date of the public hearing. Tito. pplicant or Wslfior:.agdnt shaITffie as atfidavit&at alba hee complied`wit}i this�irovls 16n.I C. By requiring the appllcant.to send, otioe to the owners of record of every, property which abuts and every property which is acrosefiom any-public or private street. 5801 t-as-ae i COVE BEACH ESTATES. , SLC CaOV� BEAGHESTATES 1000-22-3-g. 1 , 18 . 1 & 18 . 7 & 18 . 8 Proposed rr�aj� subdi�visi� for 12 lots on 104.4 acres. C- WN . - MARCH 8 , 2004 - 6 : 10 P . M . r PLANNING BOARD MEMBERS O��$UFFO(I(BOG p O_Box 1179 JERILYN B_WOODHOUSE , .r Chair G y` Town Hall, 53095 State Route 25 C* Southold, New York 11971-0959 RICHARD CAGGLANO y, • Telephone (631) 765-1938 SVLLLLINI J.CREMERS KENNETH L.EDWARDs Fax(631) 765-3136 MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Patricia Finnegan, Town Attorney From: The Planning Board Date: March 2, 2004 Re: Draft Road and Maintenance Agreement for the Major Subdivision of Cove Beach Estates: SCTM# 1000-22-3-9.1; 18.1; 18.7 & 18.8 The Planning Board has reviewed the proposed Draft Road and Maintenance Agreement. The Planning Board has no comment. Please review for legal application. Cc: Kieran Corcoran, Assistant To-,Nu Attorney 5vt3F CHARLES R.CUDDY ATTORNEY AT LAW / `I 445 GRIFFING AVENUE RIVERHEkD,NEW YORK Milia_Address: TEL: (631)369-8300 PO.Bos 1547 FAY: (631)369-9080 Riverhead,NY 11901 E-mail: c6arles.cuddy4' nzon.net January 29, 2004 Mr. Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route 25 P-O: Box 1179 Southold,NY 11971 Re: Cove Beach Estates - Subdivision SCTNI#1000-22-3-9.1., 18.1, 18.7, 18.8 Dear Dfr. Terry: In connection with your letter of January 23, 2004, we are enclosing a draft of Road Maintenance Anreement. Should you rewire any additional information, please contact the undersigned. Very truly yours, Ir Charles R. Cuddy CRC:ik Enclosures SautholdB ar'' Plannin3 DECLARATION THIS Declaration ('Declaration") is made this day of 2003, by Cove Beach Estates, LLC hereinafter referred to as 'Declarant,"and by Ocean Point Development Corp. as owner of the road which services the 5 lot subdivision adjoining the Cove Beach Estates land. WHEREAS,the Declarant is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000, Section 22, Block 3, and Lots 9.1 and 18.7, 18.8 and p/o 18.1 and Ocean Point Development Corp. is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000 Section 22 Block 3.p/o Lot 18.1, and with the 5 lots known and designated on the Suffolk County Tax Map as District 1000 Section 22 Block 3 Lots 3, 28, 29, 30 and 31. WHEREAS, Declarant has made an application to subdivide the Cove Beach real property into twelve(12) lots, as shown on the subdivision map of Cove Beach Estates,LLC prepared by Young& Young, and WHEREAS, Declarant desires to provide for maintenance and management of the roadway which provides ingress and egress to the 12 Cove Beach subdivision lots and will provide access to the adjoining 5 lot subdivision on the west, (together referred to as the "subdivision NOW, THEREFORE, for purposes of carrying out the intentions above expressed and in consideration of the foregoing recitals, the Declarant hereby covenants and agrees that the subdivision lots shall hereafter be subject to the covenants and restrictions as herein cited. All the provisions of this Declaration shall operate as covenants running with the land and shall be binding upon all purchasers and holders of the subdivision lots, their heirs, successors and assigns, to wit, A. ROAD DESIGN AND CONSTRUCTION The Cove Beach subdivision roads shall be located as shown on the subdivision map and shall be paved to a width of 16 feet and run a distance of approximately 5,000 feet. Title to the roads known as Cove Beach Drive and Stoney Beach Road, shall remain with Cove Beach Estates, LLC its successors or assigns with its use subject to this Declaration, and title to the road known as Stoney Beach Drive Extension shall remain with Ocean Point Development Corp. its successors or assigns subject to this Declaration. B. MAINTENANCE AND MANAGEMENT OF ROADS 1. The owners of each of the subdivision lots hereby covenant and agree that Cove Beach Estates, LLC (hereinafter referred to as Cove Beach Estates) through its agent with the agent being designated in writing by Cove Beach Estates, and with the initial agent being Enzo Nlorabito, shall manage, administer, maintain and operate the subdivision roads in accordance Page 1 of 4 with the provisions of this Declaration. Cove Beach Estates through ids agent hereby agrees to provide year-round management of the road as a right-of-way in accordance with normal, customary and responsible management practices, which practices include but are not limited to: a. The routine maintenance of the roads, including but not limited to, litter collection, snow removal and repair of the pavement as necessary to keep the road in good .working order. b. The use of agents, subcontractors or employees deemed by Cove Beach Estates to be reasonably necessary to carry out its responsibilities under this Declaration. 2_ Cove Beach Estates agrees to maintain in effect at all times a policy of public liability insurance having a face amount of not less than $1,000,000. All costs for such insurance shall be considered as part of the Management Costs as stated in Paragraph C, below. 3. In addition to the insurance provided above, Cove Beach Estates shall be named an additional insured on individual homeowner policies for each of the lots, and each homeowner shall maintain liability insurance of not less than $1,000,000. C. MANAGEMENT COSTS 1. Cove Beach Estates, through its agent, in its sole discretion, shall: a. Prepare an annual budget and except as to Lots 11 and 12 apportion to the subdivision lot owners an equal share of the costs of managing the road on a yearly basis (hereinafter referred to as "Maintenance Costs") including, but not limited to, the costs of administration, taxes, insurance, maintenance, repair, and a reserve fund fee. All maintenance costs shall be paid within thirty (30) days of the mailing of the "Maintenance Costs" statement. Owners of lots I l and 12 shall each pay 25% of a share as assessed to the ten (10) lots owners. b. Maintain a "Reserve Fund" for extraordinary repair and replacement of the roads. money for the Reserve Fund shall be held and accounted for separately from the general funds. The Annual Reserve Fund fee for each lot shall be computed by totaling the estimated payments from each of the Lot Owners necessary to reach the amount necessary to replace the road over a fifteen (15) year period. Likewise the owners of lots I 1 and 12 shall each pay 25% of one ("1) share. c. In the event that unforeseen extraordinary expenses arise and sufficient funds are not available in the above described Reserve Fund, Cove Beach Estates may recommend a special assessment which must be approved by a simple majority of all Lot Owners. All Lot Owners so assessed shall be obligated to promptly pay the amount of the Special Assessment to Cove Beach Estates. D. PERMITTED AND PROHIBITED USES 1. Declarant hereby declares that the roads shall be used by the Lot Owners, their quests and invitees subject to the following restrictions: PaLye 2 of 4 + • a. When instatfing, maintaining, or otherwise serviciJlity and service lines, Lot Owners shall have their respective agents, employees, contractors and:subcontractors, and other representatives (i) use reasonable care not to damage the road; (ii) minimize the disturbance of shrubbery or other vegetation along the road, and (iii) upon completion of repair or maintenance, restore the road substantially to the same condition as existed at the time of commencement of the work. b. The road shall not be used for the dumping or abandoning of any solid waste or debris on or along its length_ c. No construction or installation of any structures of any kind, permanent or otherwise (including,but not limited to, gates), may be made without prior written consent of Cove Beach Estates. d. No construction or installation of any structures and/or landscaping which serve to impede sight lines along, entering upon, or existing from the road may be made. e_ No alternation or modification of the road, once constructed, will be permitted Without prior written consent of Cove Beach Estates. E. TER31S OF PAYMENT 1_ All Maintenance Costs, Reserve Fund fees, and Special Assessments as detailed above shall be billed to the Lot Owners in their proportionate share and shall be required to be paid within thirty (30) days after the date of the "Maintenance Costs" statement is mailed by Cove Beach Estates. 2. The Lot Owners shall comply with the terms of this Declaration. In the event that any Lot Owners fails to comply with the teens set forth herein within thirty(30) days after notice of violation is given by Cove Beach Estates, then Cove Beach Estates shall have the right and power to enforce by any action or proceeding at law or in equity, all the terms of this Declaration including but not limited to obtaining ajudgment for the sum owing, including costs and reasonable attorneys' fee to collect the sum or sums owing. F. MISCELLANEOUS 1. If any section, subsection, paragraph, clause, phrase, or provision of these co%enants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affectthe validity ofthese covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional--- 2 nconstitutionaln2. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein, and they are deemed to be incorporated herein and made a part hereof as though fully set forth. 3. The within Declaration shall run with the land and shall be binding upon the declarant, his heirs, successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises. Page 3 of i 4. All notices required under this Declaration shall be mailed to the Lot Owners' addresses rather than to the property addresses unless other arrangerttdpts have been made by the Lot Owner. Notice shall be deemed effective when mailed. 5. In the event that the Declarant is no longer in title to any portion of the subdivision, then, in the event,notice shall be given to the then owners of the lands making up the subdivision by mailing said notice to their addresses shown on the current Town tax rolls. IN WITNESS WHEREOF, the Declarant has executed this Declaration the day and year first above written. Declarant: Cove Beach Estates, LLC By: Raoul J. Witteveen./President/Member I STATE OF NEW YORK ) i ) ss.. COUNTY OF SUFFOLK ) i i On the day of 2003, before me, the undersigned, personally appeared Raoul J. Witteveen, personally knokvm to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 4 of 4 CHARLES R.CUDDY fr}1 ATTORNEY kT LAT 445GRIFFING AVENUE RIV ERHE AD,NES'YORK .`La iag Address: TEL: (631).369-8200 P.O. Bos 1547 F NX: (631)369-9080 Riverhead, NY 11901 E-mail: charles.cnddvC'verizon.net January 16, 2004 W. Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route 25 P.O_Box 1179 Southold, NY 11971 Re: Cove Beach Estates - Subdivision SCT 1#1000-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Terry: We are enclosing two (2) prints of the Final Plot of Cove Beach Estates which have been endorsed with the approval of the Suffolk County Department of Health Services. We would like to have a final hearing as soon as possible. Very truly yours; Charles R. Cuddy CRC:ik Enclosures p � CEPV � JAN 3 0 200 D Southold Town Planning Board PLANNING BOARD MEMBERS o CIO C .IERILYN B.WOODHOUSE P.O. Box 1179 Chair O y`I Town Hall, 53095 State Route 25 Southold, New York 11971-0959 RICFLIRD CAGGL�NO y. � Telephone (631) 765-1938 WILLLaIII J. CREMERS �� ® ��a Fax f 631) ;65-3136 KENNETH MARTIN H.SIIDORDS ��', o PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 23, 2004 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, New York 11901 RE: Proposed Major Subdivision of Cove Beach Estates Located on the north side of NYS Route 25 in East Marion SCTM#1000-22-3-9.1, 18.1,18.7 and 18.8 Zone: A-C Dear Mr. Cuddy: The Office of the Town Engineer has approved the Road and Drainage Plan submitted on November 6, 2003. The Southold Town Planning Board is requesting the following items to continue review of the above reference application: 1. An updated bond estimate for the reconfigured road configuration. 2. If road is proposed to remain private, a draft Road Maintenance Agreement. If you have any questions please contact me at 765-1938 ext. 243. Sincerely, A6rk Terrey' p s~ Senior:15nvironmental Planner O�SUFFQI �o JOSHUA Y. HORTON �� Gyp JAMES A. RICHTER, R.A. SUPERVISOR cc ENGINEER TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW TORIC 11971 Fac. (516)-765-1366 'y�O' �aQ`� Tel (516)-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD December 19, 2003 Bennett Orlowski, Jr. 2 Chairman - Planning Board 6 D LPp E 1. V E Town,Hall, 53095 Main Road D Southold, New York 11971 DEC 19 2003 Re: Cove Beach Estates— East Marion SCTM#_ 1000-22-3 -9.1518.1,18.7,18.9 Southold Two Dear Mr. Orlowski: L Plannin Boars As per your request, I have reviewed the Road & Drainage plan for the above referenced project. Due to the nature of the site and the proximity of the proposed road to adjacent wetlands,the Department of Environmental Conservation has mandated that all storm-water runoff be treated with j individual leaching pools and drainage structures located within the right-of-ways delineating the proposed road system. I. Due to the overall size of the site,the Town Code requires the installation of recharge basins that would contain a 6"rainfall. Because of the DEC requirement and the fact that the proposed road runs primarily through open space, it would seem reasonable to design for a 2"rain-fall that would be contained'within a leaching pool system in the road shoulder areas. As designed,the proposed road and drainage. system shown on the plan is considered adequate and meets the minimum requirements of the Town Code. Bond estimates should be obtained from the applicant and submitted for review. This estimate should include all construction items required by code for review. If there is a question as to weather an Rem can be omitted from the final bond, it will be the Planning Board who would then decide which item's maybe deleted. If you have any questions regarding this review, please contact my office. Si erely, ames A. Richter, R.A. cc: Peter Harris (Superintendent of Highways) K PLANNING BOARD MEMBERS ®gUFFO(, , BENNETT ORLOWSKI,JR. P.O. Box 1179 Chairman = y` Town Hall, 53095 State Route 25 o Southold, New York 11971-0959 AGGLaNO RICHARD CCIO Z .y �' Telephone (631) 765-1938 RLLL-W TJ.CREMERS O Fax (631) 765-3136 KENNETH L.MARTIN r-L SIDORDB y�Ql PLANNING BOARD OFFICE TOWN OF SOUTHOLD 1 To: J amie Richter/Town Engineer From: Mark Terry, Senior Environmental Planner 1� Date: November 13, 2002 B { Re: Cove Beach Estates—East Marion SCTb1# 1000-22-3-9.1, 18.1, 18.7, 18.8 Enclosed please find the Road and Drainage plans for Cove Beach Estates dated October 31, 2003. 1 have not yet received a draft cost estimate for improvements. Note the attached DEC letter regarding drainage stipulations (attached). If you have any questions please give me a call at extension 243. -j' -w York State Dor .�entno''f 1=rrviraniriental C s: ration Division of Environmental Permits; AR gi6n One Building 40 -SUNT, Stony Brook, New York 11790-2356 Phone: (631) 444-0365 • FAX: (631)444-0360 Website: ww%,vAeastate.ny.us Erin NL Crotty K. 0 Commissiotter C�ctober 21,200'. Enzo blorabito, Manager,North Fork Prudential Long Island Realty Southold Town 53345 Main Rd. - PO Box 1145Eaztd Southold, N-Y. 11971 Re: Application# 1-4738-03150/00001 Cove Beach Estates East P;Iarion SCTNI x 1000-29-3-9.1;18.1,18.7&_ 18.8 Dear 11Ir. Morabito: I am writing to follow up our meeting of this morning on the referenced applicdtion for Tidal Wetlands and Freshwater Wetlands approval for the Cove Beach Estates residential subdivision. You submitted a copy of Che State Environmental Quality Review Negative Declaration issued by the Town of Southold Planning Board on October 14, 2003 and a copy of the September 2, 2003 report of the rt�ults of the rare, threatened and endangered plant reconnaissance conducted by the Gibney Design Group. You also provided a print of the road and drainage plan for the project which depicts two significant changes in the alignment and design of the access roadway. The new alignment more closely follows the existing roadway on the site and reduces the amount of clearing on Open Space Parcel A and is, therefore, an improvement. However, this design also includes the construction of a large drainage pond on Open Space Parcel B, which contains regulated freshwater wetlands and is supposed to remain undisturbed. The Department of Environmental Conset-ation will not approve the construction of a pond or any other drainage structures on Open Space Parcel B, because the disturbance is certain to degrade the sensitive freshwater wetlands, which consist of a complex of small, glacial ponds. The stormwater from the access road must be accommodated elsewhere on the site, outside of the two open space parcels. We suggest installing a series of leaching catch basins along the length of the road. Please submit six sets of the road and drainage plan revised to eliminate the proposed drainage pond on Open Space Parcel B and show an acceptable alternate design for-the drainage system- Please be certa.in that the revised set of drawings includes the profile and section drawings for the new road alignment and details for the selected drainage structures. An additional unresolved item involves the stake out of the proposed development on Lot 10. In my May 6, 2003 letter to Thomas Wolpert, P.E. of Young& Young Surveyors, I asked for an explanation of what is represented by two stakes numbered "8019" and "8020" we found on lot 10 in addition to the stakes labeled "building envelope" and a drammg of lot 10 which shows the locations of all four stakes. No response has been received to date. Lastly. you were issued the Department's Notice of Complete_application for the project. This notice must be published once during the week of October 2-17, 2003 in the Town of Southold's official local newspaper for the East Marion area as described in the instructions included with the notice. t CHARLES R.CUDDY ATTORNEY AT LAT' 445 GRIFFINGAVEN UE RTVERHEAD,NEV'YORK Mailing Adre==: TEL: (631)369-872()0 PO.Box 1547 FAY- (631)369-9080 Riverhead,NY 11901 F-mail: claaAes.cuddyCvexizon.net November 6, 2003 Mark Terry, Town Planner Southold Town Planning Department D Town Hall D 53095 Route 25 P.O. Brox 1179 Southold, NY 11971 Re: Cove Beach Estates Southold Town SCT`M#1000-22-3-9.1,18.1,18.7&18.8 Plannin Baard Dear Mr. Terry: Enclosed are two copies of the Final Plat and two copies of the Final Road and Drainage Plan for your review. We are awaiting the Health Department's approval. Very truly yours "( • / Charles R. Cuddy U CRC:ik Enclosures THIS IS NOT A PERMIT NeYork State,Department of Environmental Conservation E y ,,Notice of Complete Appi><cdt"ioa sa Date: 10/21/2003 Applicant: COVE BEACH ESTATES LLC C/O LNTERPOOL INC 633 THIRD AVE 17TH FLOOR NEW YORK, NY 10017 Facility•: COti E BEACH`E'ST•ATES LLC PROPERTY NIS MAIN RD APPROX 1000' EAST OF KAYLEIGHS CT SCTM 1000-22-3-9.1 18.1 1S. EAST iviARfON,.NY 11939 Application LD: 1-4738-03150/00001 rr Pennirs(s)Applied for: 1 -Article 24 Freshwater Wetlands ��EE lu3El � V 1 -Article 25 Tidal Wetlands 1� Project is located: in SOUTHOLD in SUFFOLK COUNTY Project DescriptionSouthold Town: Plariiq Board Applicant proposes to subdivide a 104.4 acre parcel with frontage on Long lslUffSound a—nU Dam Pond into 12 lots and construct a cul-de-sac access road. The proposed lots will range from 1.7 acres to 9.2 acres in area and will be sold for future residentialdevelopment.Two reserved areas of open space measuring 19.3 and 41.2 acres, respectively,are also proposed. The site is located on the north side of Main-Road, approximately 1000 feet east of Kayleigh's Court in East-Marion. SCTM# 1000-22-3-lots 9.1,18.1;18.7,18.8. State Environmental Oaalin Reweu•(SEOR)Detenninatiory Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other involved agencies was performed and a Negative Declaration is on file. SEOR Lead A;ency Southold Tower Planning Board Srare Historic Preservation Act(SHPA)DetermMation A cultmal resources survey has been completed. The report of the survey is on file. No archaeological sites or historic stntcnrres were identified at the project location. No further review in accordance with SHPA is required. 4vailability For Public Comment Conracr Person Comments on this project must be GEORGE W HANIMARTH submitted in writing to the Contact NYSDEC Person no later than 11/14/2003 SUNY @ STONY BROOK BUILDING 40 STONY BROOK,NY 11790-2356 (631) 444-0365 CC List for Complete Notice vi Chief Executive Officer COVE BEACH ESTATES LLC THOMAS WOLPERT ENB File Ve'w York, State` DepaCent of Envirb'nmenta9 Cons €ation DMsion of Environmental P6rmits, Region One i Building 40 -SUNY, Stony Brook, New.York 11790-2M6 Phone: (631)'444"-0365 • FAX: (531)444-0360 i h•' Website wA;,.dec state.nv us Erin NI:Crotty Commissioner cto`b) e f�'. r 2i,iJ )�I � 200 I. Enzo Nlorabito, Manager, North Fork Prudential Lona Island Realt3 So'JiL)O;d Toy^n ' 53345 Main Rd. -PO Box 1145 ., Pla^1i�E_Pnaid =_ Southold,N-Y. 11911 Re: Application rt 1-4738-0 31.50/00001 Cove Beach Estates EastMarion SCTM 4 1000-22-3-9.1.18-1,18]&- 18.8 i; Dear Mr. Morabito: t Y , I am writing to follow up our meeting of this morning on the referenced application for Tidal'Wetlands and Freshwater Wetlands approval for the Cove Beach Estates residential subdivision. You submitted a couv of the State Environmental Qualitc Review Negative Declaration issued by the Town of Southold Planning Board on October 14, 2003 and a cop 1 of the September 2,. 2003 report of the results of the rare, threatened and endangered plant reconnaissance conducted by the Gibney Design Group. ii II; You also provided a print of the road and drainage plan for the project which depicts two significant changes in the alignment and design of the access roadway. The new alignment more closely follows the existing roadway on the site and reduces the amount of clearing on Open Space Parcel A and is, therefore, an improvement. However, this design also includes the construction of a large drainage pond on Open.Space Parcel B, which contains regulated freshwater wetlands and is supposed to remain undisturbed. The Department of Environmental 'j Conservation will not approve the construction of a pond or any other drainage structures on Open Space Parcel '1 B,because the disturbance is certain to degrade the sensitive hteshwater wetlands,which consist of a complex of 1 small, glacial ponds. The stormwater from the access road must be accommodated elsewhere on the site, outside ri of the rn o open space parcels. We suggest installing a series of leaching catch basins along the length of the road. Please submit six sets of the road and drainage plan revised to eliminate the proposed drainage pond on Open _ace oa show R �r4��Parcel B and sz,avec^*ab1_z alternate des,-„ for the Rramage system. Please be certain that the revised set of drawings includes the profile and section drawings for the new read alignment and details for the selected l' drainage structures. ,I r; An additional unresolved item involves the stake out of the proposed development on Lot 10. In my May 6, 2003 letter to Thomas Wolpert, P.E. of Young & Young Surveyors, I asked for an explanation of what is represented by two stakes numbered"8019" and "8020" we found on lot 10 in addition to the stakes labeled building envelope" and a drawing of lot 10 which shows the locations of all four=_takes. No response has been received to date. Lastly, you were issued the Department's Notice of Complete Application for the project. This notice must be 4i published once during the �.veek of October 17, 2003 in the Town of Southold's official local newspaper for the §' East Marion area as described in the instructions included with the notice. i' a i Enzo Morabito October 21, 2003 Page 2 Please be certain to obtain an affidavit of publication from the newspaper for submission to the undersigned as soon as it is available_The Department will publish the same notice in our electronic Environmental Notice. Bulletin. I can be reached at (631) 444-0371 if you have any questions or need to discuss these requirements. Thank you for your attention in this matter. Very Truly Fours, George W. Hammarth Deputy Regional Permit Administrator cc: Thomas Wolpert, P.E. - Young& Young / Mark Terry - Southold-T Planning Dept.✓ file f P� C �! i' . 617.20 Appendix A 3 State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM r� Purpose: The full EAF is designed to help applicants and agencies determine, in.an orderly manner, whether a project or action may . t ; be significant. The question of whether an action may be significant is not always easy to answer. Frequently,there are aspects of t a project that are subjective or unmeasurable. It is also understood that those who determine aignifibahce may have little or no formal _ knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge °'�" • in one particular area may not be aware of`the broader concerns affecting the question of significance. I The full EAF is intendedto provide'a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Rill EAF-corriparrehts: The full EAF is comprised of three parts: 'Part 1: Pfovides objective data and information about a given project and its site. By identifying basic project data,it assists a reviewer in the "analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also Identifies whether an impact can be mitigated or reduced. { Part 3: If any impact in Part 2 is identified as potentia[ly-large, then Part 3 is used to evaluate whether or not the impact is f actually important. ' I THIS AREA FOR LEAD AGENCY USE ONLY 41 DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions I � jI Identify the Portions of EAF completed for this project: F Part 1 E]Part 2 Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information,and ' considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a i significant impact on the environment, therefore a negative declaration will be prepared. 1! B. Although the project could have a significant effect on the environment, there will not be a significant effect [ for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ®C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. f `A Conditioned Negative Declaration is only valid for Unlisted Actions I IVIAJOR SUBDIVISON OF COVE BEACH ESTATES-EAST NI•IRION I I I Name of Action TOWN OF SOUTHOLD PLANNING BOARD Name of Lead Agency BENNETT ORLOWSKI JR. CH UR-NLaN Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer y! ure of Responsible Officer in Led gency Signa of Prep er (If diff nt fro onsible officer) I OCTOBE 100 website Date Page 1 of 21 PLANNING BOARD MEMBERS �O$OFFOL�C BENNETT ORLOWSKI,JR. �,0 OGy P.O. Box 1179 Chairman We Town Hall, 53095 State Route 25 i y Z Southold, New York 11971-0959 RICIL9R.D CAGGUN0 v �f Telephone (631) 765-1938 WILLIAM J. CREMERS O 1 KENNETH L_EDW.IRDS y O`, Fax(631) 765-3136 - _ ' NIARTIN H.SIDOR �0,( '*a k,l I ' PLANNING BOARD OFFICE 9 TOWN'OF SOUTHOLD October 15, 2003 6 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, New York 11901 RE: Proposed Major Subdivision for Cove Beach Estates Located on the north side of NYS Route 25 in East Marion,1000' of east of Kayleigh's Court in East Marion SCTM#1000-22-3-9.1,18.1, 18.11 & 18.8 Zone: R-80 Dear Mr. Cuddy: The Southold Town Planning Board, at a meeting held on Tuesday, October 14, 2003, adopted the following resolution: WHEREAS, the applicant proposes to subdivide a 104.40 acre parcel into 12 lots; and WHEREAS, the Peconic Land Trust holds a Conservation Easement on 100.60 acres of the 104.40 acres; and WHEREAS, the Southold Town Planni�g Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law, acting under the State Environmental Quality Review Act, established itself as lead agency for the action on March 10, 2003; and WHEREAS, the New York Department of Environmental Conservation, in a May 6, 2003, letter, identified several concerns with the proposed action; and WHEREAS, the Planning Board has contacted Mr. George Hammarth of the New York State Department of Environmental Conservation and all concerns have been satisfied; and WHEREAS, an Archaeological Reconnaissance Survey was conducted upon all building envelopes with no remarkable findings; and Cove Beach Estates — Page Two — 10/15/03 WHEREAS, on July 21, 2003, the Planning Board mandated that an Endangered and Threatened Vegetation Survey be conducted for the areas identified through the Natural Heritage Program upon Lots 1, 2 and 10; and WHEREAS, on September 26, 2003, the applicant has provided the results of such survey indicating that the listed species were not identified and `will not be found in the dense invasive growth" of the areas sampled; therefore be it RESOLVED, that the Southold Town Planning Board, acting under the State ? Environmental Quality Review Act, Part 617, Article 7, makes a determination of non- significance and grants a Negative Declaration on the application. A copy of the Negative Declaration is enclosed for your records. If you have any i questions, please do.not hesitate to call. Please contact this officeif you have any questions regarding the above. F { Very truly yours, Bennett Orlowski, Jr. Chairman a. encl. cc: Melissa Spiro, Land Preservation Coordinator f w i UFFO( PLANNING BOARD MEMBERS ��$ kC _ BENNETT ORLOWSKI,JR. P.O. Box 1179 Chairman y` Town Hall, 53095 State Route 25 Z Southold, New York 11971-0959 RLCHARD CAGGIANO N �. ' Telephone (631) 38 WILLIAM J.CREMERS O KENNETH L.EDWARDS y Fax(631) 765-3136-3136 MARTIN EL SIDOR �01 � `*a� PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant October 14, 2003 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 7 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Major Subdivision of Cove Beach Estates SCTM#: SCTM#1000-22-3-9.1,18.1, 18.7 & 18.8 Zone R-80 Location: Located on the north side of NYS Route 25 in East Marion SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: The proposed action involves the subdividing of a 104.35 acre parcel into 12 lots for future single family residences ranging in area from 1.65 acres to 9.2 acres. The Peconic Land Trust holds a Conservation Easement on 100.60 acres of the 104.35 acres. Note that a Conservation Easement has been executed for Lots 1 through 12. The parcel includes frontage on Long Island Sound and Dam Pond. Dam Pond is a listed Critical Environmental Area designated pursuant to 617.14(g). The property is located n/o Main Road approximately 1000' east of Kayleigh's Court in East Marion SEQR Negative Declaration - Page Two Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed. In 1997 the Peconic Land Trust was deeded a Conservation Easement on SCTM# 1000-22-3-15.1 and 18.3. The Conservation Easement restricts the developable area of the property to 26.56 acres. Furthermore, the Conservation Easement imposes certain conditions upon the 26.56 acre developable area. The residual acreage (68.82) will remain as open space into perpetuity. A total of 10. bots are proposed for the 26.56 acres. Post the execution of the Consekvationi.Easement, the Applicant has filed an amended subdivision plan with this office dated Ap.ril:30, 2002 amending the location and size of the 10 lots. Agricultural uses as we[[as ag icultural support structures are permitted on the 68.82,acres except within a 100.' buffer around documented rare species that'existon-site. In addition, no removal of"healthy' trees is permitted within 50' of the top edge of the bluff. The determination was based upon the following: No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems are expected to occur if the propose action is implemented as planned. Although clearing will take place no significant removal or destruction of large quantities of vegetation or fauna is expected to occur. No substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; In response to the New York Natural Heritage Program identifying areas potentially containing endangered and threatened vegetative species within Lots 1, 2 and 10, the applicant performed an endangered and threatened vegetation survey of the area in July and August of 2003. No endangered or threatened vegetation were found within the study area. In addition, several rare species have been identified on-site. The areas where the rare species are located are included within the conservation easement areas. Therefore, no substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources will occur. The project is located adjacent to Dam Pond a listed Critical Environmental Area as designated pursuant to subdivision 617.14(g). f � SEQR Negative Declaration - Page Three The lot is currently wooded, and successional field. The proposed action will not result in the loss of agricultural lands and due to the conservation easements described above, significant area of open space. The proposed action is not in a significant material conflict with a community's current plans or goals as officially approved or adopted. The,proposed action is not expected to impair the character or quality of any known important historicaL archaeological, architectural, or aesthetic resources or existing community or neighborhood character. An Archaeological Reconnaissance Survey was,conducted upon all building envelopes.with.no remarkable findings No major change in the use of either the quantity or type of energy will occur. No creation of a hazard to human health is expected to occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Mark Terry, Senior Environmental Planner Address: Planning Board Telephone Number: (631) 765-1938 Enc. cc: Sherry Aicher, DEC Stony Brook Walter Hilbert, Suffolk County Dept. of Health John Milazzo, Esq. Suffolk County Water Authority Suffolk County Planning Commission Elizabeth Neville, Town Clerk Applicant CHARLES R-CUDDY ATTORNEY AT LAVV' 413uRIFFINGAVENUE a a 3'`r RIVERHEAD,NER YORK l$ 7 I�lailin�Address tg 8 TEL: (631)369-820o P.O B.Bos 1517 FA-X: (631)36.9-9030 Rive hl d,NY 119o1 E-mail: clrarle..cuddyC'verizon.net October 9, 2003 Mark Terry, Town Planner Southold Town Planning Department Town Hall 53095 Route 25 R.O. Box 1179 Southold, NY 11971 Re: Cove Beach Estates Dear Mr. Terry: i In accordance with your request, we are enclosing the Archaeological Report. Please advise if you need any additional information to complete SEQRA. Verytruly yours, a "l CRC:ik Charles R. Cuddy Enclosures I I i D E C EOCT 0 1 [ 0, a D cou.pooi ToWn t Gr$NFY kyr' DESIGN GR0L €T IUCQRPogkr=_o sm , Mr.Mark Terry, Environmental Planner 26 September 2003 Town of Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Cove Estates Dear Mr.Terry: Enclosed is a copy of my report to Enzo Morabito regarding our inspection of the Cove Estates property. Please call me with any questions. �Sincerelys I / Richard W. Gibney, RIA/Certified Arborist President E C V E n Enc. [ ' RWG-mj I t Sr? 3 0 2iJC3 ���JJJ Southold Town I Fhlnir,�ooard PO Box 371 Wading River New YorK 11792-0371 631 929 0054 gibgroupQoptonline.net GIBNEY D .=SrGH G R O U P WCOR.PORATE] Mr. Enzo Morabito 02 September 2003 Prudential—Douglas Elliman Real Estate 53345 Main Road/Rte.25 P.O. Box 1145 Southold, New York 11971 _ Page 1 of 2 Re:Cove Beach Estates Dear Mr. Morabito: As per your request,we inspected the property at the proposed subdivision of Cove Beach Estates in compliance with Southold's requirement to identify the following endangered plant species. Angelica lucida Aster subulatus Atriplix glabriuscula Digitaria filiformis Erechtites hieracldolia var megalocarpa Ligusticum scothicum Festuca saximontana Agrimonia rostellata Carex hormathodes Cyperus flavescens Ju%us brachycarpus Juncus marginatus var biflorus Ligusticum scothicum Rumex maritimus varfueginus The following is a summary of our services: 21 July 2003—We met with Mr.Terry at the Southold Planning Office to receive documents and review the maps. Mr.Terry suggested that we concentrate our inspection in the areas included at Lots#1,#2 and#10 which are indicated as most sensitive on the Natural Heritage Map. 24 July 2003—1 met you at the site to orient my inspection and understand general subdivision layout and locations. 28 July 2003—With an assistant, I walked through all the clearings and paths we located along the outer edge of the site. We identified the proposed construction areas and limits of construction as shown on the map provided by the surveyor. 08 August 2003—I visited the site to further inspect areas identified on the aerial photograph that we had missed on our first trip. Several areas were impenetrable due to the density of woody vegetation (Ligustrum, Eleagnus,Smilax, etc.) 19 August 2003—1 made a final trip to the site and using a flagging key provided by the surveyor and a sharpened machete, I inspected the entire area surrounding Lot#10 and toward the wetland area to the southeast. Photographs were taken for our records. PO Box 371 Wading River New York 11792-0371 631 929 0054 gitgroupooptonline.net Mr. Enzo Morabito 02 September 2003 Page 2 of 2 Report of Findings: Throughoutthe areas we inspected,there was no indication of the endangered species on the list Lot#10 in particular, is densely overgrown with invasive Ligustrum (Privet)creating a heavily shaded environment which is impenetrable except along cleared lines. Smilax vires(Cat Briar) are growbig rampantly throughout the site and shading out shrubs and small trees. Hardy,aggressive native and"near native"species are found in typical communities over the site(Myrica, Baccharis,Eleagnus, Prunus;etc.). Phragmites have all but taken over the wetland areas adjacentto Lot#10. Although we were unable to,penetrate,every area on the site, it is our opinion that the species indicated.on the list will not be found in the dense invasive growth areas within the proposed building envelopes. The.current Habitats are not conducive to the colonizing or survival of these vascular plants. We will be happy to meet with you at the site to review this report We can also inspect further once•cleanng has begun and the site is more accessible. Sincerely, Richard W. Gbney, R.L.A./Certified Arborist President RWG:mj y PLANNING BOARD MEMBERS 221 FBENNETT ORLOWSHI,JR. �/y P.O. Box 11 i 9 Chairman Tovm Hall, 53095 State Route 25 CA Z Southold, New York 11971-0959 RICELA,RD CAGGIANO 0 ^'� Telephone (631) 765-1939 VVILLLA-3 J.CREIIIERS Fax 1631) 765-3136 KENNETH L.EDWAI{DS ®1 �.ad, n•L1R.TIN SIDOR f PLANNING BOARD OFFICE TOWN OF SOUTHOLD f To: The Planning Board Valerie Scopaz, Town Planner Melissa Spiro, Land Preservation Coordinator Jamie Richter, Town Engineer From: Mark Terry, Senior Environmental Planner Date: July 11, 2003 Re: Cove Beach Estates SEQR Update Today, I meet xvith Mr. Charles Cuddy,Mr. Enzo Morabito and Mr. Howard Young regarding the DEC concerns with the proposed action. Several issues were identified by the DEC and PB to be addressed they included: 1. The potential redesign of the plat dependent upon the location of the eight kettle holes identified by DEC staff. The eight kettle holes were located within an area subject to a Conservation Easement therefore no potential impacts will occur. 2. The DEC will not permit any ROW drainage to be discharged into an existing wetland. The ROW was redesigned into the T design proposed by the PB and the Town Engineer therefore, drainage will also be redesigned... the applicant proposes to drain the ROW into a natural depression upon the property subject to a Conservation Easement. 3. The DEC also requested that Lot 10 building envelope be staked for wetland setback confirmation. It is my understanding that this has been accomplished. I do not know if the DEC has returned for an inspection. 4. The Conservation Easement limits development to 10 lots. I informed Xlr. Cuddy of this and he will submit written confirmation to permit the 2 additional lots in the south of the property.. 5. I informed the applicant of the DEC identified endangered and threatened plant species on site and requested an endangered and threatened plant survey be conducted for all lots within the mapped area. The applicant agreed and will have the areas surveyed for endangered and threatened plant species. I will not issue a SEQR determination until this information is submitted. 6. A Phase I Archeological Surv-ey was requested by the DEC. The applicant stated that this was completed and no significant findings were made. The applicant will submit a copy to this office. 7. Prior to the meeting, the applicant had redesigned the ROW.to use the existing roadway. A T and two cul-de-sacs at the western and eastern ends are proposed to access the lots. This was in response to the PB and Tour Engineers request to minimize disturbance to potential endangered and threatened plant species, woodland and other sensitive lands adjacent to Dam Pond. PLANNING BOARD MEMBERS F.01 It BENNETT ORLOWSKI,JR. �Q 0 P.O. Box 1179 Chairman GS Town Hall, 53095 State Route 25 h o '4 Southold, New York 11971-0959 RICHARD CAGGLANO y M Telephone (631) 765-1938 'WILLIAM J. CREMERS _ Fax(631) 765-3136 KENNETH L- DS MARTIN H.SIDO PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: The Planning Board From: Mark Terry, Senior Environmental Planner Date: May 12, 2003 Re: Major Subdivision of Cove Beach Estates SEQR Update On February 3, 2003 the NYSDEC re-coordinated SEQR and requested that the Planning Board become Lead Agency for the proposed action. The reason the DEC re-coordinated was that the previous permits issued had expired. In summary, the site is extremely environmentally sensitive- The Town of Southold's records show that the following studies were conducted for the proposed action in the past. 1. Stage 1A Archeological Survey of the Cote Beach Estates at East Marion (1988) 2. Final Environmental Impact Study(FEIS). A Findings Statem nt for the FEIS was adopted by the Town of Southold Planning Board on August 14, 198 . In 1997 the Peconic Land Trust was deeded a Conservation Easement on SCTM# 1000- 22-3-15.1 and 18.3 The Conservation Easement restricts the developable area of the property to 26.56 Ares. Furthermore, the Conservation Easement imposes certain conditions upon th26.56 acre developable area. The residual acreage (68.82) is to remain as open sp a into perpetuity. A total of 10 lots a proposed for the 26.56 acres. Post the execution of the Conservation Eas ent, the applicant has filed an amended subdivision plan with this office dated April 0, 2002 amending the location and size of the 10 lots. The applicant also added 2 new 1 is in ...the Conservation Easement restricts the parcel to 10 lots and may need to be am nded. k � Agricultural uses as well as agricultural support structures are permitted on the 68.82 acres except within a 100' buffer around documented rare species that exist on-site. In addition, no removal of"healthy" trees is permitted within 50' of the top edge of the bluff. Clearing limits are also proposed. On March 10, 2003 the Southold Planning Board took lead agency for the action_ In phone conversations with Mr. George Hatmnarth, he indicated that the DEC is requiring a new wetland survey and archeological survey. The wetland survey has been completed and it is my understanding that the archeological survey is currently being conducted (Hammarth). The wetland survey identified eight kettle holes that will be required to be mapped. Following the mapping, new setback areas need to be established The DEC is also prohibiting any road-driainage into wetland systems and requesting lot staking explanations. The New York Natural Heritage program identifies sensitive plant area that contains threatened and endangered plant species. The problem is that the map identifying these areas overlaps proposed road and the eastern lots. As mentioned above, rare species are protected by a 100 buffer. However, accurate locations where the rare species are located is largely unknown and the data is outdated(prior 1989). I recommend that a new threatened and endangered species survey be conducted for all proposed developed areas. I also recommend that the ROW be relocated to use the existing ROW and therefore reduce clearing, the loss of sensitive habitat. All historic data supports the relocation of the ROW; stating the significance of the Dam Pond ecosystem. Correspondingly, the threatened and endangered species survey would be lesser in scope and cost if the applicant utilizes the existing ROW. Jamie Richter, proposed this alternative and is in agreement with the relocation. A T ROW with two separate cul-de-sacs at the terminus is acceptable per;B. This habitat is also apart of the New York State Coastal Management Program. Last week I forwarded Steve Resler, of the Department of State the proposed project for comment. I will not issue a SEQR declaration until I have all the above information mapped and a response from the DOS. Cc: Valerie Scopaz, Town Planner Melissa Spiro, Land Preservation S vis " Mew York State DePaP ent of Environmental ConsYrvation �►+ Division of EnvironmentatPermits, Reglort Once Building 40 SUP1Y 8tony6rook ewYork11790-2356 V Phone (631)444 0368..- FAX:(631) 4440360 Website www.dec.state_ny.us Commissioner May 6,2003 Thomas Wolpert, P.E. E C E Young and Young Surveyors &Engineers i"� 400 Ostrander Ave. Riverhead,N-Y. 11901 y lac: Cove Beach Estates East n+'Iz'ion_Tnwn of Southold 1-4738-03150/00001 Southold Iowa flanning8oard Dear Mr.Wolpert I am writing to update you on the status of the referenced application for Tidal Wetlands and Freshwater Wetlands approval to subdivide a 104.4 acre parcel of land with frontage on Long Island Sound and Dam Pond into 12 residential lots and construct a cul-de-sac access road. The Department of Environmental Conservation's field inspections of the site have identified several issues or informational details which should be brought�o your attention. _A. Freshwater Wetlands: As-we discussed by t lephone recently.,staff identified eight kettle hole ponds to the` west of the access road alignment on proposed pen Space Parcel B as a state regulated freshwater wetland. I identified the eight ponds for you during our ccrrversaiion. The subdivision plan must be updated to indicate the eight ponds as freshwater wetlands and include the following identifying language: "The NYS Freshwater Wetland Boundary is equal to the edge of pon (eight ponds) as verified by R. Marsh and S. Lorene on 3/27/03." Also, please note that when the road and drainage design is finalized(see item B below), the subdivision plan must also depict a line labeled"limit of clearing, grading and ground disturbance" for any construction, clearing, grading or ground distur ante which will occur within 100 feet of the freshwater wedand boundary. B. Access Road Drainage: The current access road design includes a drainage system which consists of a series of catch basins collecting stormwater for discharge to one of the ponds in Open Space Parcel B which has been identified as a freshwater wetland. Small, glacial ponds like these are very susceptible to water quality degradation from the introduction of road runoand can quickly lose their habitat value. This Department will not allow any discharge of stormwater runoff into the ponds or any surface waters on or near the site. All stormwater runoff generated by the access roadway must be recharged on site as far away from the freshwater wetland boundary as is practically possible. I s jggest that you begin work on a redesign of the roadway drainage system which eliminates the surface water disc arge, but hold off on finalizing the-design until the results of the Stage 1A/ 113 Archaeological Survey. which is;now underway, are known. C. Tidal Wetlands Lot 10 Stake Out: Staff found two stakes on lot 10 labeled"building envelope", with paths cut throueh the thick vegetation to the vicinity of the tidal wetland boundary. while we found these two stakes to be located at least 90 feet from the tidal wetland boundary, there was some confusion because we also found two additional stakes labeled -8019'L and"8020" in the lot 10 area_ s c dress Thomas Wolpert, P.E. May 6, 2003 Page 2 It was not clear what stakes 8019 and 8020 represent. Please provide a drawing or a photocopy of the appropriate section of the subdivision plan which.clearly depicts the locations of all four stakes on lot 10 to scale(the two building envelope stakes, stake 8019 and stake 8020). This information will allow us to continue the review of the Cove Beach Estates application. As indicated above. the.plan updates required in items A&13 should be done after the results of the archaeological survey are known i The clarification for the lot 10 s[ak-e out required in item C should be provided at yonnearliest convenience. I can be reached at 631 444-03j71 if you have any questions or need to discuss these reqL6rcmennts-Thatilk you for your continued cooperation in this matter. d I I Very Truly Yours, George W. Haromarrh Deputy Regional Permit Administrator cc: Enzo Morabito / I Mark Terry-Town of Southold e/ BOH � ~ PLANNING BOARD MEMBERS titi Is3�fQC. BENNETT ORLOWSKI,JR. fr � t� P.O-Box 1179 Chairman ��C Town Hall, 53095 State Route 25 � ® - Southold, New York 11971-0959 RICELARD CaGGL1NO `� Telephone (6311 765-1938 RZLLLANI J. CREMERS KENNETH L.EDW?.RDS � �� ®e '7" Fax 1631 i 765-3136 NUR.TIN H-SIDOR 'O,� �'� PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 5, 2003 Mr. Steve Resler NYS Department of State Division of Coastal Resources and Waterfront Revitalization 41 State Street, Albany NY 12231 Re: Cove Beach Estates Lead Agency Coordination and Comment Dear Mr. Resler: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Cove Beach Estates, LLC Subdivision SCTM#1000-22-3-9.1,18.1, 18.7 & 18.8 Requested Action: The proposed action involves the subdividing of a 104.35 acre parcel into 12 lots for single family residences ranging in area from 1.65 acres to 9.2 acres. The Peconic Land Trust holds a Conservation Easement on 100.60 acres of the 104.35 acres. Note that a Conservation Easement has been executed for Lots 1 through 12. The Conservation Easements are attached for your perusal. The parcel includes frontage on Long Island Sound and Dam Pond. Dam Pond is a listed Critical Environmental Area designated pursuant to 617.14(g). The property is located n/o Main Road approximately 1000' east of Kayleigh's Court in East Marion (See Figure 1). SEQRA Classification: ( ) Type I (X) Unlisted Contact Person: Mark Terry, Senior Environmental Planner (631) 765-1938 x 243 i Page 2 a Lead Agency Coordination Request The lead agency will determine the need for any supplemental information on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. In addition please provide any information that should be considered during this review. Planning Board Position: (X ) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( X ) Other (see comments below) The Planning Board assumed lead agency for the action on March 10, 2003. Comments: This site is environmentally sensitive. The Town of Southold's records show that the following studies were conducted for the proposed action in the past. 1. Stage 1A Archeological Survey of the Cove Beach Estates at East Marion (1988) 2. Final Environmental Impact Study (FEIS). A Findings Statement for the FEIS was adopted by the Town of Southold Planning Board on August 14, 1989 (attached). In 1997 the Peconic Land Trust was deeded a Conservation Easement on SCTM# 1000-22-3- 15.1 and 18.3. The Conservation Easement restricts the developable area of the property to 26.56 acres. Furthermore, the Conservation Easement imposes certain conditions upon the 26.56 acre developable area. The residual acreage (68.82) will remain as open space into perpetuity. A total of 10 lots are proposed for the 26.56 acres. Post the execution of the Conservation Easement, the Applicant has filed an amended subdivision plan with this office dated April 30, 2002 amending the location and size of the 10 lots. Agricultural uses as well as agricultural support structures are permitted on the 68.82 acres except within a 100' buffer around documented rare species that exist on-site. In addition, no removal of"healthy" trees is permitted within 50' of the top edge of the bluff. Please feel free to contact this office for further information. ? truly our Bennett Orlowski, Jr. Chairman cc: , ie uHl.vlJ TeTTBoard - Board VdUward { eesPt,Odin 3 6 meet_ 7 r �rarrrmm� *Maps are enclosed for your review Enc 4 COUNTYOF'SUFFOLK S✓ ROBERT J. GAFFNEY ' SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES LINDA MERMELSTEIN,M.D., M.P.H_ ACTING COMMISSIONER .6{ April 20, 2003 Mark Terry, Senior Environmental Planner Tonin Hall p qp PO Box 1179 53095 State Route 25 D q� { Southold,New York 11971 PR 2 2003 Li RE: Cove Beach Estates, LLC Subdivision SCT-N!tL- 1000-22-3-9.1, 18.1, 18-7 & 18-8 _ soaaola Tavrn - - m•n�7nrRp�r�- Dear Mr. Terry: The Suffolk County Department of Health Services (SCDHS: "Department") has received your letter dated March 19, 2003, concerning the above-referenced project. The Department recommends that the Southold Town Planning Board asstune lead agency responsibilities. Based on a review of the subject coordination, the Department offers the following comments. However, the Department wishes to reserve its right to provide more detailed information within the comment period(s) established for this action. These comments should not be construed as an implicit SCDHS approval or rejection of the project. All applications are reviewed thoroughly with respect to Suffolk County Sanitary Code concerns by appropriate departmental personnel when SCDHS applications are completed. 1. SANITARY CODE A. Article VI Application Status: Our agency has not received an application for the above referenced project as yen tnred by Article V1 of the Suffolk Coturny Scut'_y Code. ne projeC, sponsor should !� submit an application to our agency's Office of Wastewater at the earnest possible date s. that a complete technical assessment of this proposal can be undertaken- B. SCDHS Jurisdiction: EThe SCDHS maintains jurisdiction over the final location of sewage disposal and j water supply systems. The applicant.therefore, should not undertake the construction of •DIXZ40N OF EN IRONNIENT.'.L QU.UITY• OFFICE OF ECOLOGY• RIc'ERHE.ND COUNTY CENTER• RB-ERHE 1D NY L1901-339.' Phone(631(353-2077 Fax(6311552-2743 either system without Health Department approval. Design and flow specifications, subsurface soil conditions, and complete site plan details are essential to the review of this project. These considerations are reviewed completely at the time of SCDHS application. Thank you for the opportunity to review this application_ If you have any questions, please feel free to contact the Office of Ecology at 852-2077. Sincerely, Mara Hogan Environmental Analyst Office of Ecology MH/amf PC: Kimberly Shaw Walter Hilbert, P.E. i I� I i I Mr. Bennett Orlowski, Jr. %off Planning Board Town Hall ,53095 State Route 25 I. PO Box 1179 ' Southald, New York 11971 ( S .: Concerned regarding ROW pertaining to Lot 10. Total area 9.1812 acres and open space area = 5.1809 acres net area = 4.0003 acres. do concerned regarding the.ROW near test hole No. 5 and the wetlands designated by the N.Y.S. D.E.C. Lotl0.is,extrem�lyclose mPond. l ` r a Thank You Wayne Rock % East Marion, 631-477-0089 pE � ' ' v � APR t 5 M Southold Town Plannin Board Ii Mond.y,April ty 2W3 America Online:Guest Page: 1 ¢PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. �Q�' _®G P.O. Box 1179 Chairmanh 'rte Town Hall, 53095 State Route 25 ® ` Southold, New York 11971-0959 RICILARD C-kGGLSNO y Z Telephone (631) 765-1938 WILLL9IvI J.CRED4ERS °Y® • `� Fax(631) 765-3136 KENNETH L.MARTINI3EDS SID.OR PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 19, 2003 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Cove Beach Estates, LLC Subdivision SCTM#1000-22-3-9.1,18.1, 18.7 & 18.8 { Requested Action: I The proposed action involves the subdividing of a 104.35 acre parcel into 12 lots for future single family residences ranging in area from 1.65 acres to 9.2 acres. The Peconic Land Trust holds a Conservation Easement on 100.60 acres of the 104.35 acres. Note that a Conservation Easement has been executed for Lots 1 through 12. The Conservation Easements are attached for your perusal. The parcel includes frontage on Long Island Sound and Dam Pond. Dam Pond is a listed Critical Environmental Area designated pursuant to 617.14(g). The property is located n/o Main Road approximately 1000' east of Kayleigh's Court in East Marion (See Figure 1). f SEQRA Classification: ( ) Type I r (X) Unlisted Contact Person: Mark Terry, Senior Environmental Planner (631) 765-1938 x 243 Page 2 Lead Agency Coordination Request _ The lead agency will determine the need for any supplemental information on this project. Within.thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. In addition please provide any information that should be considered during this review. Planning Board Position: (X ) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( X ) Other (see comments below) The Planning Board assumed lead agency for the action on March 10, 2003. Comments: This site is environmentally sensitive. The Town of Southold's records show that the following studies were conducted for the proposed action in the past. 1. Stage 1A Archeological Survey of the Cove Beach Estates at East Marion (1988) 2. Final Environmental Impact Study (FEIS). A Findings Statement for the FEIS was adopted by the Town of Southold Planning Board on August 14, 1989 (attached). In 1997 the Peconic Land Trust was deeded a Conservation Easement on SCTM# 1000-22-3- 15.1 and 18.3. The Conservation Easement restricts the developable area of the property to 26.56 acres. Furthermore, the Conservation Easement imposes certain conditions upon the 26.56 acre developable area. The residual acreage (68.82) will remain as open space into perpetuity. A total of 10 lots are proposed for the 26.56 acres. Post the execution of the Conservation Easement, the Applicant has filed an amended subdivision plan with this office dated April 30, 2002 amending the location and size of the 10 lots. Agricultural uses as well as agricultural support structures are permitted on the 68.82 acres except within a 100' buffer around documented rare species that exist on-site. In addition, no removal of"healthy" trees is permitted within 50' of the top edge of the bluff. Please feel free to contact this office for further information. Very truly yours, Bennett Orlowski, Jr. 3 � "" Chairman cc: Joshua Y. Horton, Supervisor Southold Town Board Greg Yakaboski, Town Attorney 0 Board of Trustees Building Department Southold Conservation Advisory Committee Melissa Spiro, Land Preservation Coordinator Suffolk County Department of Health Services NYSDEC- Stony Brook NYSDEC- New York Natural Heritage Program—Albany Suffolk County Water Authority -New York State Department of Transportation "Maps are enclosed for your review Enc Town Hall. 53095 blain Road P.O. Box 1179 Southold. New York 11971 a TELEPHONE (5 16) 765-1939 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ?a3us'c 13 , 1939 f T_�enneth C_ Coenen P.O. Box 308 . Manorville, ?]Y 1.1949 Ro-: vo'7e Beach Estates SCTM 41000-22-3-15. 1 &18 . 3 Dear Mr . Coenen: The following action was taken by the Southold Town -Planning on Monday, August 14, 1989 . RESOLVED that the Southold Town Planning, Board adopt the Findings Statement dated July 10, 1989. Upon receipt of revised maps incorporating the recommendations of the Findings Statement , which was adopted on August 10, 1939, the Planning Board will continue their reviewon this ma?or subdivision. i If you have anv questions, please do not hesitate to contact this office. Iv truly yours„ [/ -�3iE1fNST ORLOkfSKI ,JR. CHAIRMAN t s enc. jt } i i l I State Environmental Quality Review FINDINGS STATEMENT Pursuant to Article 8 (State Environmental Quality Review Act - SEQR) of the Ernironmental Conservation Law and 6 NYCRR Part 617, the Planning Board of the Town of Southold as lead agency, makes the following findings. Maine ofAction: Cove Beach Estates Description ofAction: The action involves the proposed subdivision of a 96.3847 acre parcel of land zoned Residential "Ai' into 34 single family lots. There are also provisions for the construction of roads and drainage systems as well as the preservation of a portion of the site in open space and passive park. Location: The action is Iocated on the north side of Main Road (NYS Route 25), west of Dam Pond, in the hamlet of East Marion, Town of Southold, Suffolk County, New York. The parcel fronts on Long Island Sound. It can be further defined as Suffolk County Tax Map Numbers 1000-22-3-15,1 & 18.3. Agena Jutisdiction(s): The Planning Board of the Town of Southold, as the preparer of these "findings, has jurisdiction over the application for the subdivision of the parcel. Date Final EIS Filed: July 10, 1989 Page 1 of 6 Cove Beach Estates Statement of Findings Facts and Conclusions in the EIS ReliedUoon to Support the Decision: During the coordinated review of the Draft EIS numerous substantive comments were received from other involved agencies, civic groups and individuals. In addition, after the Final ELS was filed and circulated for public consideration two letters were received regarding the Final EIS, from the Suffolk County Department of Health Services and the North Fork Environmental Council, both dated ftily 20, 1989. The above referenced substantive comments, the relevant issues contained within the two letters and the facts and conclusions contained within the 'EIS; are used in consideration of the preparation of these findings, and summarized as follows: s I Surface Water/Wetlands: The site contains both tidal and freshwater j wetlands. The tidal wetlands were flagged by the NYSDEC in 1984 and this line has been placed on the proposed plot layout. This line corresponds to i conditions in the field. Freshwater wetlands are contained within three areas of the parcel. One of these areas, the largest, is proposed to be preserved in part of the open space land provided for in the subdivision. The other two areas, immediately east and west of the existing paved roadway, should be protected/preserved utilizing techniques such as; inclusion into the open space network, change in lot lines Jo provide sufficient setbacks, and/or through the use of restrictive covenants. No activity will be permitted within 100 feet of any natural freshwater'wetlands. This condition will be im osed at the time of subdivision through the filing of necessary assurances and�or covenants. In the case of the small man-made,depression west of the existing road, some disturbance in this area maybe necessary in order construct the main access road and maintain the necessary setback from natural wetlands. If impacts to a portion of this area are necessary,.mitigation in the form of the creation of suitable wetland habitat will.be required. The wetlands to be created shall be at least four (4) time's the area of:the wetlands that will be disturbed. Suitable area for wetland creation exists in the vicinity of the drainage area, and the open space area,west of the man-made depression. Plans must be provided by the applicarit and prepared by a licensed engineer or landscape architect; to addrdss the area of wetland creation, grading, water source(s), plantings, etc. These plans, as well as appropriate assurances for the wetlarid creation must be submitted fo and approved by the Town prior to the issuance of final approvals on the subdivision. Such a condition will mitigate.the loss of the environmental benefits of the existing man-made wetland, west of the proposed access road. The site contains significant tidal and freshwater wetlands. These areas and the areas adjacent to the wetlands are among the most sensitive and environmentally valuable habitats the site. The Final EIS explored the sensitivity of these areas and the potential impacts associated with site development. In addition, comments on the Final EIS expressed significant concerned over the adequate protection of these areas. The project which was the subject of the Draft EIS, was found to encroach upon sensitive wetlands on the site, through violation of minimum setback requirements as required Page 2 of 6 AM Cove Beach Estates Statement of Findings under New York State wetlands regulations_ As a result, the Final EIS contained a design alternative which sought to comply with regulations and provide additional setbacks from wetlands. It is herein determined that additional measures are needed to minimize environmental impacts to the maximum extent practicable. The EIS contains mitigation such as the use of restrictive covenants to limit clearing and locate structures, as well as the relocation of lot lines and reduction of the size of larger lots, thereby providing for greater land area to be included within the open space and wetland setback areas. In addition,the relocation of some of the lots, to other portion of the site is also an appropriate measure to create additionatopen space and protect wetlaitd.areas. The importance of these measures will be further discussed herein#as related to individual impact areas. Groundwater.• It has been demonstrated;through on site sampling and analysis,that the groundwater underlying the site is of satisfactory quality to provide potable water to the future residents of the subdivision from on site wells. In addition to the water quality analyses, groundwater elevations were established around the site. Some areas of high groundwater were identified. However, these areas are associated with the wetland areas, the conditions discussed above in the surface waters/wetlands section will also address any impacts which could occur from construction in areas of high groundwater. Information provided in the Final EIS also demonstrated that the implementation of the project at the proposed density will not cause a significant elevation in the existing level of nitrogen in groundwater underlying the site. Topography_ Certain areas of the project site have areas of steep slopes, with the primary area of concern located adjacent to Long Island Sound. While none of the areas proposed for development are presently in active recession, the potential for erosion does exist if uncontrolled site development is allowed to occur. The proposed site development plan provides deep lots along Long Island Sound in order to allow for sufficient setbacks from the sound front slope areas. Additional conditions were considered in the Draft EIS and recorded in comments on the various documents. These include, but are not limited to: site grading plans at the time of building permits, limiting and controlling of access in areas of steep slopes (particularly on the slopes adjacent to Long Island Sound), restrictive covenants to limit clearing and locate structures, definition of building envelopes to avoid steep slope areas, containment of runoff from impervious surfaces and the relocation of lots and/or property lines to avoid construction on steep slope areas. These mitigation measures should be employed in connection with consideration of the subdivision map_ Page 3 of 6 Cove Beach Estates Statement of Findings Vegetation_ The site presently has a mix of vegetation types and habitats, with a majority of the site being wooded. The existing vegetation of site is important in terms support of area wildlife, as well as other natural resources and site aesthetics. While it is recognized that clearing will be necessary to undertake the proposed use; the amount and location of the clearing must be controlled._ The above discussions on surface waters/wetlands and topography outline`certain conclusions and mitigation measures contained within the EIS. Tiese`are'also appropriate to prevent significant impacts to the vegetation found on site. p In addtAon to the above, restrictive covenants should be,filed on each lot wli t:hk*46igFd`limit the amount of clearing on each lot depending on its size. The standards for the maximum percent of clearing; as related to the square footage`of%lot, is contained within the EIS. For those areas of the lots which will be cleared for construction, a minimum amount of turf and fertilizer dependant plant species should be installed during landscaping.-Restrictions could be placed on the development tof the i subdtvisiou to utilize riative and near native plant species during landscaping. !I The above mitigation not only will help to restore the natural vegetation lost i during�construction„but will also reduce the potential for groundwater impacts from tfieuse''of lawn and garden fertilizers. Public Access/Open Space: Public access to the waterfront is appropriate and is to be provided in the northeast corner of the site. This proposed area prouides access to both Long Island Sound and Dam Pond. This access point will be'for passive use,with no access by motorized vehicles. As the area is f also in close proximity to a wetland area, only minimal improvements to provide pedestrian access should be allowed. These improvements should avoid sensitive areas of the adjoining open space. The location and type of such improvements must be approved by the Town prior to final approvals and construction. As discussed above the wetland areas and their surrounding habitats should be protected and preserved. The relocation of lots and lot lines provide the opportunity to protect these resource's integrity. The most sensitive portion of the site in terms of natural habitat area and tidal and freshwater wetlands, is adjacent to Dam Pond and the associated wetlands. Accordingly, the maximization of open space in these areas should be strongly considered. Such a measure would provide an expansive open space continuum, which t includes the passive recreation area and the designated open space on site, a coupled with the Dam Pond area and adjacent large lots in the vicinity. The alternate design plan included in the Final EIS provided some measures to 4 mitigate impacts, in response to comments on the proposed project; however, { additional measures including relocation of lots, and further reduction of lot t sizes, are also appropriate in order to maximize the preservation and I enhancement of open space. s a I i Page 4 of 6 i 4- (� 1 1-16-2 (9195)-7c .® E LS- 61's:.�b SECH Appendix, A FEB _ SM Stale Environmental Ouall y Re levo FULL EVIVIRONMENTAL ASS SS Southold fawn Purpose: The full ERF is designed to help applicants and agencies o 4 ether a project or action maybe significant. Tile cluestion of whether an action maybe significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureabfe. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, manywho,l(ave knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to prvAde a method v:hereby applicants and agencies can be assured that the determination jpraeess has-been order4y, comprehensive in nature,yet flexible enough to allow introduction of information to fit a project or arrtfon. Full EAF Components: The full EAF is comprised of three parts: Part 1: Pro'rides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. .Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETER&UHATION OF SIGFIIFICANCE—Type -I and Unlisted fictions Identify the Portions of EAF completed for (his project: ❑ Part 1 ❑ Part 2 ❑Part 3 Upon review of the information recorded an this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting Information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impacts) and, therefore, Is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ fl- Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a C011DITIONED negative declaration will be prepared.` ❑ C. The project may result In one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. " A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency PrintorType-NaineofResponsibleOfficerinLeadAgency Title of Responsible Officer ^ Signature of Responsible Officer in Lead Agency Signature of Pieparer(If different from responsible officer) �— Date I 01 PART 1—PROJECT INFORMATION Prepared by Project Sponsor t40TICE: Tld, document is designed to assist in determining whether the action proposed may have a significant elf, on the enviroiment. Please complete the entire form, Parts A through E. Answers to these questions will be consider as partof the application for approval and maybesubject to further verification and public review. Provide any additior information you believe will be needed to complete Parts 2 and 3. it is expected that completion of the full EAF will he dependent on information currently available and will not invol new studies, research or investigation. If information requiring such additional work is unavailable,so indicate and spec each instance. - NA6lE OF ACTION Hap nF Cove- 1 r Estat=es LoCATIO11.017 A.CT4014(Induce Street Address, f.lunlclpallty and County) _ - ;P1Y5 Pnoulte 25, East Clarion„ Towa of Southold CcuinV3r n _ :TT`-LdE OF,APPLICANTfSFONSOA - BUSINESS TPLEPNONE Co"ve B ach Estates, LLC (212')916- 2 1 A.I)DM;B - c./o late-rpo.ol, Inc.. , 633. Third ,kve° , 17th Floor L7TY/P0 - STATE 71P CODE Ilei Youc - N7AE OF OWNER(11 dlfferenl) BUSINESS TELEPI ION E}7 t 1_3(59-5900 AbbF ESS - .�rd- Bo.x 1547 - Cil"a IPO STATE ZIP CODE fII yRi;rreL head - Tdv i DPSCMPTION OFA.CTION - 12–lot subdivision -vith. 2/3 of land preserved through Conservation Deed. Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: []Urban ❑Industrial ❑Commercial ❑Residential(suburban) Mural(non-fa ❑Forest ❑Agriculture . 00ther _Vacant - coastal - partial i3r—w ed 2. Total acreage of project area: 104.35 _ acres. APPROXIMATE ACREAGE PRESEFITLY AFTER COMPLE1T01 Meadow or Utusldand (I-Ion-agricultural) 20,66 acres 17.74 acre Forested loraoded) 66,76 acres 55.00 acre Agricultural (Includes orchards, cropland, pasture, etc.) 0 acres0acr( Wetiand�(Freshwater or tidal as per Articles 24, 25 of ECL) acres —77-12 acr( Water Surface Area _ 0 acres 0 acn Unvegetated (Rock, earth or fill) beach,, bl,uf 9.81 acres — 9'.,1 acr Roads, buildings and other paved surfaces 0 acres 1.96 acr. Other (Indicate type) laerRs and l,atrascaping 0 acres 7.72 acr 3. What is predominant soil type(s) on project sites Fi, E.., Plymouth loamy sand a. Soil drainage: ©Well drained Eon 95 off site Ohioderately well drained . 20 % of site []Poorly drained ., – as 4F site b. If arty agricultural land is involved, how many acres of soil are classified within soil group'I through 4 of the Land Classification 5ystemi 4;}—_ acres. (See ti NYCRR 370). 4. Are there bedrock outcroppfngs or�lpTiect sitel ❑Yes 0140 a. What is depth to bedrockl —�(in feet) 2 5. Approximate percentage of proposed project site with 516pi1v no-ii795 __°6 ❑10-15°b _g;, ❑ISO, or greater 6. Is project substantially contiguous to, or contain a building., site, or district, luted on the State or the Italional Registers of Hislpfic Places? aYes Of10 7. Is project subslantially configuous to a site listed on the Register of I lational Natural Landmarks? Oyes 91HO g- What is the depth of the water table? -0-22(in feet) { 9- is site located over a primary, principal, or sole source aquifer? 'les ❑No { ❑'ies ❑tlo 10. Do htrn ling, fishing or shell fishing opportunities presently exist in the project area? { 71. Does project site contaryn any species of plant or animal life that is identified as threatened or endangered? ❑Yes +'Duo I According to Identify each species 12. Are there any unique or unusual land form.s. the project Bile? (i.e-, cliffs, dunes,,other geological formations)- Elye5 � Describe 13. Is the project site presently used by the community or neighhorhood as an open space or recreation area? ❑Yes UNC) If yes, explain 14. Does reseut site include scenic views known to be important to Elie community? L7Yes` I-klf o 15. Streams within or contiguous to project area: UeTrr'e a, I Janie of 5Eream and name of River to which it is tributary 16- Laf E!s, ponds, wetland areas within or contiguous to project area: a- flame L. I. Sound, tretlauds at Darn Fond_ b. Size (In acres) _ 17. Is die site served by existing public utilities? Q'fes DNo a) If Yes, does sufficient capacity exist to allow connection? MYes ❑hlo b) If-Yes, will improvements be necessary to allow connection? MYes ❑No 10. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Lasv, Article 25-AA, Section 303 and 304? Byes IMNO '19- Is the site located in or substantudi v c ntiguous to a Critical Environmental Area designated pursuant to Article fl of the ECL, and 6 HYCRR 617? Ye 0 ' 1� !"tr'l �"u;tt/- 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes 10HO B. Project .Description 1. Physical dimensions and scale of project [fill in dimensions as appropriate) Loa a. Total contiguous acreage owned or controlled by project sponsor acres- b. _ b. Project acreage to be developed: 38 acres initially; _ 38_ acres ultimately. c. Project acreage to remain undeveloped 66 acres. d. Length of project, in utiles: _--- (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed f_ plumber of off-street parking spaces existing —_ proposed 24 —. 9. 4_.g, Maximum vehicular trips generated per hour ^ o —(upon completion of project)? It. If residential: Number and type of housing units; one Family Two Family filultiple Family Condonniniurn Initially 1_Z - -- 17 Ultimately -- I. Dimensions (in feet) of largest proposed structure 35' height; — 50 r—width; 60r _ length. j. Linear feet of frontage along a public thoroughfare protect will occupy Isf — 87 ft. 3 2. 1-low much natural material (i.e.; rock, earth, etc.) will be removed front the site? 11/A tons/cubic yards 3. Will disturbed area; be reclaimed? UYes Otto ❑N/A a. If yes, for what intended purpose is the site beigng, reclaimed? To facHitate the proposed itnprove_ 6. Will topscif be slo4pk1jfed for reclamation? es Othi mems c. Will upper subsoil be slocl piled for reclamation? f?Yes ONo 11.68 4. Hcv many acres of vegetation (trees, shrubs, ground covers)will be removed-from site? _ acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ❑Yes Eyllo ' 2:,,. 6. If single phase project: Anticipated period of construction ion months, (including demolition). .. 7. If multi-phased: I'f/A a- Total number of phases anticipated (number). ' b. Anticipated date of commencement phase 1 __ month }ear, (including demolition). c. Approximate completion date of final phase month year- d. Is phase 1 functionally dependent on subsequent phases? ❑Yes 01,10 8_ Will blasting occur during construction? ❑Yes Mllo 9- Number of jobs generated: during construction 10 ; after project is complete 0 j 10. Number of jobs eliminated by this project It- Will project require relocation of any projects or facilities? ❑Yes MNo If yes, explain 12. Is surface liquid waste disposal involved? ❑Yes 117110 - -- -- a. If yes, indicate type of waste (sewage, industrial, etc-) and amount b. Name of water body into which effluent cvill be discharged _ -13- Is subsurface liquid waste disposal involvedi a es ❑PIU Type Sanitary 14- Will surface area of an existing water body increase or decrease by proposal? ❑Yes 01,10 Lxplain 15. Is project or any portion of project located in a 100 year flood plain? Lr7Yes ❑Pro "I6. Will the project generate solid waste? P'(es ❑No a. If yes, what is the amount per month 3.96 tons b. If yes, will an existing solid waste facility be used? 171Yes ❑No c. If yes, give name Southold TranGfPr crarp" location Cutchogue d_ Will any wastes nut go into a sewage disposal system or into a sanitary landfill? f)Yes ❑t`Io e. IF Yes, explain LlaterialG ram,>SrEd_fr^,,, .* g,xa9testr��zrc d . cyc ing 17- Will the project involve the disposal of solid waste? Oyes IZINo N/A a. If yes, what is the anticipated rate of disposal? 61r A tons/month. b- If yes, what is the anticipated site lire? _ IVA years. 18. Will project use herbicides or pesticides? MY es ❑Pro i.e. lawn care 19. Will project routinely produce odors (more than one hour per day)? ❑Yes [Milo 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes CIA Ho 21 Will project result in an increase in energy use? ZlYes ❑No If yes , indicate type(s) e1.ec.txica..� 22. If water supply is from wells, indicate pumping capacity. 5 _ gallons/minute. 23. Total anticipated water usage per day .-3,600 gallonsfday. 24. Does project involve Local, State or rederal fundings ❑Yes Ell In If Yes, explain . 4 25. .Approvals Required: Suh millal r)'pe Date Cie), Tuv,n, Village Board ❑Ie5 111Id0 City, Tovai, Village Planning board (7Ye5. ❑Nct Tocm Planning .Hoard --- i - - City, To.vn Zoning board ❑Yes ❑No t City, County Health Department fes 01-10 I J Other Local Agencies CIYes ❑N0 1 Other Regional Agencies - ❑1'es 0140 1 State Agencies ❑Yes ONO I ederal Agencies r❑'h'es 11140 I G. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? 12)'es ONO If Yes. indicate decision required: . i Moiling amendment ❑zoning variance ❑special use permit XEIsubdivision ❑site plan ❑newfrevision of roaster plan ❑resource management plan Oother _- 2. What is the zoning classification(s)of the site? 3. What is the maximum potential development of the site if developed as permitted bl. rhe present zoning? 35-4Q7—arl-p jdanYiaT Yac __ 4. -What is [he proposed zoning of .the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? saute . 6. Is (lieproposed action consistent with the recommended uses in adopted local land use plansl Mes 111,10 7. What are rhe predominant land use(s) and zoning classifications within a b; mile radius of proposed action? residential B. Is the proposed action compatible with adjoining/surrounding land uses within a M mile? X'Mes 0110 9. If the proposed action is the subdivision of land; how many lots are proposed? 12 80,000 sq. ft, a. YVbat is the minimum lot size proposed? — --- qo. Will proposed action require any authorizaHon(s) for the formation of sewer or water districts? Oyes J;I0 -11 . Will the proposed action create a demand for any community provided ser–Aces (recreation, education, police, fire protection)? `CJ Yes El Io a. If yes, is-r!xisting capacity sufficient to handle projected demand? Ryes OHO -12. Will the proposed action result in the generation of traffic significantly above present levels? ❑YesEll to a. If yes, is the existing road netivork adequate to handle the additional traffic? ❑Yes ❑140 D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such Impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant(Spgpysor Name �;f>l,'t �J{-Crr-)Z f=S F}�.S h LL.,I`�-. �_1 _ _ Date SignaturG'!- Title If (lie acllonlr In the Coastal Area, and Iou are a slale agency, complete (lie Coacfal Assecsmeuf Form before proceeding wllh (Ills assessmenl. 5 ..RNA k:( 340000 FEET '— (N.Y.)� 1 ,re 11111t\�!M1i A p1�,11- 4556 - _ ilF ell _ 6 1 _� � 1 •(ice:.- 11 )rr7I- ( - I ,UI ,' T tlRnn ( II r 1 I \ _. �...-I I '1a 11 >-L•, /\ 1 4 L�nul Lw C, nf1+lENT 5Y I I- ' F'runi —\ - ' 14 .1 F � Irl v 5 Mg� Orl I � '-� �)•!�2\l � ��. j-) �•CiARPIIN.ERLS ,1.' ... ✓(/� �." � \ \\ ,. ,\SRM J��',i`" :�\� 1�' "� /;: r _ .. . _ r iN 'n - d,•�n7r301/ ' f2 1925 IlOREENP ORT) 1226 ° 2130° I 7450000 FEEI (N,V� IjZ( /'� 20' z4 6565121 NE �2 GIVCRH ART AWN HALL: ..4 MI RNERHCAA 344 All. Mapped, edited, and published by the Geological SilrveV SCALE 1.24000 e\a0 Control by USC&GS (1 L < I 9Gsfg` Topography from aerial photographs by photogrammetric methods Aerial photographs tal(On 1954• Field check 1956 Mnl loon 3DDo zepn Sono 4npo 50,�0 J c" 5 c S HYdrographY compiled from USC&GS charts 363 (1956) 1i and i212 (1956) 1M \1 E zei MILS- ^pIL ® lUi CONTOUR If•1TERVA_ 1D FEET Polvcanic-prosection. 1997 North Arnarlcan datum 1 BIMILS iC OOC-tOG grids based on 'New Vml( ceordlne"'te'$YStarn, DOTTED LINES PEPRESENI 5-F007 COFJ70IJ Lane Island zona, and ComrV.0ouLdeOrdlhate atpttht `ll VESATIAND GEODETIC VERTICAL DATUM OF 1,000-meter'Universal Transverse MerddtM grid-Iloks• �� — C 'IMNV1�i Or ,S_D nN0 500I'TNTH A FEET—Ur.TUh 10 l4E p 7 5 ORELIN SHOWN nEPPEEC P!L THE hPPgOYIIn 4T- LINE OF 1�1E 'd7 zone 18, shown In blue IITP1 GRIP AND 1956 MAGNETI THE MEATI RANGE OF TIDE IS APPROYIMATELY]A 1 DECLARATION AT CENTER OF HEET Fine red dashed lines indicate selagfed,Bnce.end field lines S MA COMPLIES WITH NATIONAL MAP-ACCURA' visible on aerial photographs Thi" Information 3R dhch6dked SGOthGld TOWIII FOR SALE BY U.S GEOLOGICAL SURVEY,RESTON,\ Plant n BG r ING TOPOGRAPHIC MAPS AND SYMBOLS IS Map photoinspected 19.76 1 No major culture 01 drainage changes observed . r l a CHARLES R.CUDDY ATTORNEY AT L AT 445GRIFFING VENUE RIVERHEAD,NEI, YORK AIA; a=Addre s: TEL: (631)369-3200 P.O.Bos 1547 FAX: (631)369-9030 Rnwh--d,NZ 11901 E-mail: clrarles.cuddycd vc izon.net March 17, 2003 f 1 s .Southold Town Planning Board Main Road Southold, New York 1I971 Attn: Mark Terry Re: Cove Beach Estates-Subdivision Dear Mr. Terry: We are enclosing five (5) additional prints of the subdivision map for the above matter- Very truly yours,7 Charles R. Cuddy CRC:ik Enclosures D E C E I 1E D Southold Town Planning Board TF y New „YoYic State Departnt of Environmental Conve(;F atian "�s�� division of Errvironmental Fgrmits, Region One Building 40-SUNY, Stony Brook, New York 11790-2356 j Phone: (631) 444-0365 • FAX: (631) 444-0360 j Website: www.dec.state.ny.us Erin M.Crotty Commissioner dd LEAD AGENCY COORDINATION REQUEST Town of Southold Planning Board February 3, 2003 Town Hall s PO Box 1179 53095 Main Rd. Southold.NX. 11971-0959 RE: SEQRA Lead Agency Coordination for Cove Beach Estates Subdivision DEC# 1-4738-03150/00001 Dear Sir/Madame: The purpose of this.request is to determine under Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617, State Environmental Quality Review, the following: 1. Your agency's jurisdiction in the action described below. 2. Your agency's interest in acting as lead agency. 3. Issues of concern which your agency believes should be evaluated. Enclosed is a copy of the completed Part 1 of the environmental assessment form. DEC permit application and supporting documents to assist you in responding. Project Name: Cove Beach Estates,LLC Subdivision Proiect Location: North side of Main Road, approximately 1000 feet east of Kayleighs Court.East Marion. SCTM# 1000-22-3-9.1, 18.1. 18.7, 18.8. DEC Proiect Number: 1-1738-03150/00001 DEC Permits: Tidal Wetlands, possible Freshwater Wetlands SEOR Classification: Type 1 DEC Contact Person: George Hammarth (631) 444-0371 DEC Position: The Department of Environmental Conservation reCmmends that the Town of Southold or Suffolk County Planning Commission assume lead agency status for this action because the majority of impacts/ issues appear to be of local concern. D E C E a � FEE _ 3 2 D Southold Town Planning Board i 7 ` e SEQR Lead Agency Coordination-Cove Beach Estates,LLC Subdivision i February 3, 2003 Page 2 . The action is the subdivision of a 104.4 acre parcel with frontage on Long Island Sound and Darn Pond into 12 residential lots ranging in area from 1.65 acres to 9.2 acres and the construction of a cul-de-sac access road. Two parcels of open space measuring 19.3 acres and 41.3 acres:respectively, will also be created. Response: Please respond within 30 days of the date of this letter. We recommend that the Town of Southold or Suffolk Count Planning Commission assume:lead agency status for this action. If no response is zeceived within 30 days. %%a n'ill as s ume that you have no objection to DEC or another agency:assuming tlxe role of lead agency, jadd hav ho comments to offer regarding the proposed action at this time. Pleasefeel free to contact the undersigned for further information and discussion. Sincerely, George W. Ilarnmarth Deputy Regional Permit Administrator Enclosures cc: Town of Southold Supervisor's Office l4rPL ICATt )P .95-19-3 (a=)pfp ° ork State FOR PERMIT M U d States Arn y Corps of Engineers w ' ._1-:1,; --; --=' _.'--..e ,1.,.,.i.. �•' -:,f PI_,n :. ,...' :.. 1.Cl,u.k palmus appiL.d to a it uic of Aplaiclln IU;_ dl neu..1__— ----- Tel l i,wro NmubI.r r P. li NYS Dept.of Environmental Conseh,anon -QOo 'Beach Estates, LLC - - - (212)--9ib-3261 ❑ Stream Disturbance(Bed and Ranks) - C/O EnterlDool, Ina. 633 Third-:Avente, 17th Fiocr Navigable I .a,...,.•�n:.dr I. - "- Pu'I Uhicd 'sod. Lip CoJ: •. -❑ Docks Mo' I n P c. 'n.: (Cora[uC Pn.,.�, Iii:: h. 1_ I"" I li __-- 9 ❑ Dams and :.-1 r"r _nl ! (Construct.car,Lr.i.: c.r?:,":r, •- ❑ Fmshwatel rVeyauds -. QTidal Wets:: 1 .Applirmrt Is Wan; c C]•":^ Coastal Eros-I l un];I G(] 'i::..: ❑a'.:._:. ❑i r:>__ FJ:..• i-i.a r'...." ._ -..c r I O V,fild,Stem. Idk - m u :'. a I ;L ' I d '.. I u• pis II. ng u r - "I ' .II J I E3: 401 Water(/r hr f,: I._,..',u i n'.,r Ag IiCunL:cl Fynml �Il 1. r-C II 'I I T I phml Ninnixr Potable W-. o Long Island L u M1S'tdiug AdJrn . J _ Q Aquatic Vegetation Control Pos6rAffice ip Q Aquaderszct¢anVol 9R$ RiVeYhead 1I90I Fish Control - RR S.Project/Facility Location (mark location on map see.instruction 1a.) i {y NYS:of lice of General services - CountyTown/City+Vllage: Tax Map Section/Block /Lot Number . k (Slate Owned Lands Under Water) Suffolk, Edast Purr Ion, T,0 Sa.lthoid 1 OCY)-72 313.1, P/,0 18.1, 1$ 7 E: 13.8 16 Lease License.Easement or Location (nduding Street oe Road) - - Tefephone Number-�(daytime) other Real Prope ty Ihte a;t Mairi Road''.(S.R. 25) (212) 9163261 0, Utility Easement(pipelines,conduits - N abler etc.) PostOffice State Zip Code 17.Name of stream or Waterbody (on or near project site) u [ ( Docks,Moorings or Platforms Eastk Marion _ NY 11939 Long Tslanc� So -.Dam Pond (Construct or Place) S.Name of USPS Quad Map: Location Coordinates. ` Adirondack Park Agency - E-2,458,f3w00 N 335,900 - Freshwater Wetlands Permit Orient — _ ;YT1 FF t1Y^I-r1 1 ❑ Wild,Scenic and Recreational Rivers J Pr j:ct U UIIb n aid Fuip%I:u: .:'--.I, j _ 1 I I 11 I' I I.,. I.• .'._rI III .e .id .... o ':'..L. I II.:I. I X. rl 1 . i l _.... _ n L,.',�... i . .. Va..'!: and Quantities; Structure and Work Area Dimensions;Need or Purpose issued) - Lake George Park Commission - -• ❑ _Realty-"Subdivision_-_12-LotA_____________Docks(Construct or Place) _ ------------------------------ --------------- v ❑ Moorings(Establish) . _______--------____-----_________________________--------------------------------------- US Army Corps of Engineers.. - ----__- ---- - ------- - ------- ----- --- 11^' I LLSS ❑ rn Section 404(W ters of the United States) - D ty E ❑ Section 10(Rivers and Harbors Ad) --_--__- - --� ❑ Nationwide Permit(s) Identify Number(s) ` -_-___ 1 CE-pp For Agcnoq Use'Only. DEC APPLICATION NUMBER ------------------------------------------------------- ---- -----SidihrdBoard -------- �u, � Us ARMY C6RPS OF ENGINEERS 11I.Proposed Use; 11.WIII Project Occupy 12.Proposed s ompleGon `+ ❑ ❑ state LandT❑ ® Date: Date: _ Private Public Commercial Yes NoXM Dec. 31, 2003 14.Has Work Begun on Project? (If yes, attach ❑ ® 15.List Previous Permit/Application Numbers and Dates: (IFAny) 'r} explanation of why work was started without permit.) Y85 No 10-84-0701 15. Will this Project Require Additional _ Alf Yes, -� Town of Southold Planning Board Federal, State,or Local Permits? - ®. -N. -- "rte No- -Please List Suffolk Count Dept. of ealth Services 17. If applicant is not the owner,both must sign the application - F: I hereby affirm that information providedon this form and all attachments submitted herewith is true to the best of my knowledge and belief. False statements made herein d I are punishable is a Class A misdameahor pursuantto section 210.45 of the Penal Law. Further,the applicant accepts full responsibility for all damage,director indirect,.' ' of whatever nature,and by whomever suffered arising out ofthe project described herein and agrees to indemnify and save harmless the State from suita}actions, 7- damages and costs of every name and cascnptron resulting from said project.'In'eddition,Federal Law,la U.S.C-,Section 1001 provides for a fine of not more than --- { t $10,000 or imprisonment for not more than 5 years or both where anM/zl' nowingly-nd willingly'falsifies,wnceaIs,or coves up amaterial fact,oror usea a Fa z fi 'cious or fraudulent statement iDate a b�SSignature of Apphca - - Title fl riPd l - Date Signature of owner's Agent WJJ ' Engi-nee01/06/03 r �+ BOXE$-S TRRU 911tU$TBE' 'b OR PRINTED I N'B LACK INK ONLY PRIORECORUING OR FILING. v IISUFFOLK COUNTY cY:> xx z 3 ► 1915 4 `c LPR 1186�'�75 v J U N 7 Number of pages :1•� I �_.� ip O TORRENS _ L -7 -o j H c 7 SerialcrI N - 1.9154 llh inr(11 q ILr ?lmleaeeln.nnmcnl _ _ _ Ilr.d. 1141111drr-1.1%�l.w.'. . _ Recording I Filing Stamps It°s '11111r,Fee Nlul Ig.y;eAmt. Mm I$n� IC,. __ 1.Bamc Tax. pa a.SONYMA - A ulali m ;Sub Total — •I:,1-5 '(County) Sub Total `� � ._ �3,Spcc/Add. t P. a ,, -_.IC(Slate) - TOT.MTG.TAX rp R8:7:S.A. Lnal d for _Dual County_ Held for Apportionment Comm.or Ed. 5 . ob_ c3: C yl Transfer Tax Affnlavit Mansion Tax _ / Certified Copy ��._ The property cmxred by this mortgage I is or will be improved by a one or two Rcg.Copy _ Sub Total �._ family dwelling only. YES_ or NO Other GRAND TOTAL �C�.- If NO,see appropriate tax clause an page k ur this inArumcnt. y '4„ Real Property Tu Service Agency Verification 6 Title Company Information U ' Dist Section Block Lot 1000 022 p0 0300 ocoo m 1000 - Company Name d D. cP I Title Numbrr, FEE PAID BY: Cash_Cheek_Charge_ Peoon is Land Trust Incorporated PayersameasR&R_ P.O. Box 2088 Southampton, NY 11969 OR: >8' RECORD &RETU11N TO 9 Suffolk County Recording & Endorsement Page This page forms part of the attached Conservation Easement made by: (Deed, Mortgage, etc.) Raoul J- Witteyeen The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Peconic Land Trust, Inc. In the VILLAGE or HAMLET of East Marion :l DEED OF OONSEAVA ION EASEMLM THIS DEED OF CONSERVATION EASEMENT,is made on the49—'day of December, 1997 at Southamptdn, New York.The parlies are Raoul J.Witteveen, residing at 368 Daniels Lane, Sagaponack, New York 11962 (herein called the "Grantor");and the PECONIC LAND TRUST, INCORPORATED; a not-for-,profit New York Corporation; having a principal office at 296 Bampton Road (P.O. Box 2088), Southampton, New York 11969 (herein called "Grantee"). i INTRODUCTION i � WHEREAS, the Grantor is the owner in fee simple of approximately 98.38 acres of real property located.in.the Town of Southold, Suffolk County,New York,.known as Final Plat of Map of Cove Beach.Esfates, dated'November 27, 1996;.hereinafter.:more fully described in Schedule A attached hereto and hereby rrrado,a parf Jlereol,and hereinafter referred to as[fie-- °Properly','further &scribed a& Suffolk Coirrrty TaX Map Parcei Number 1000-22-3-15-1 and 18.3;and WHEREAS, the Property is located in the Low Density Residential FT-80 Zoning District of the.Tow.q.of Southold which designation, to the extent possible, is intended to prevent the unnecess`t$rzy?loss of those currently open lands which contain prime agricultural soils as outlined in,the Town of Southold code, Section 100-30; and WJiEHEAS, the Properly is currently restricted by a Conservation Easement held by Peconic Land Trust executed on December 23, 1995, and recorded in the Suffolk County Clerk's € Office on.December 29, 1995 at Liber 11756 Pg- 282, and known as the 1995 Easement, which restdcled the property from a yield of thirty four (34) single family residences to twenty six[26) single family residences; and WHEREAS,the 1995 Deed of Conservation Easement was amended on December 18th, 1996, which Amehdment of Deed of Conservation Easement was recorded on December 31, 1996 at the Suffolk County Clerk's Office, to further restrict the Property to seventeen (17) single' family residences with appurte'napt structures and improvements, thereby creating an Open Area equxl'io 46.70 acres, and•a Development Area equal to 51.68 acres;and W#4EREAS, Grantor wishes to further restrict the Property in consideration of the conservation:values of the Property and as a product of his own charitable intentions by �; -:� 1 .- +••'• �,� .: :, ine Property thereby restricting the.Development Area l: : +r•� • �•. ...... . i , • sidences with appurtenant structures and - ,:.r:, r, ... _ , ,n: Open Area from 46,70,acres to 66.82 acres.(as describedlin�Schedule B attached hereto) and to reduce the Development Area from 51.68 acres to 29,56.iacres(as described in',Scheddle C,attached hereto)so that a.substantial portion of the Property shilf remain in its open,undeveloped and scenic slate, and to,that end restates the restrictions,applicable to the entire parcel; and WHEREAS,the Property,contains soils classified as Class I and Class II worthy of conservation.as,idenlified by the UnitedSlate's Department of Agriculture Soil Conservation Service's Soil Survey or Suffolk,,County New York;and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 11973, amended in 1986 and 198,9 as adopted by the Town Board,Town of Southold code, Section 27�=a of,the Town Law, to protect environmentally sensitive areas, preserve prime agricullurpf;soils, to protect the scenic, open space character of the Town and to protect the Town's resbd and agricultural economy; and WHPEAS,the Property has approximately 650 feet of frontage on Long Island Sound and approximately 450 feet of frontage on Dam Pond that provides the public with significant scenic vistas of contiguous woodland',wetlands and shoreline; and WHEREAS, the Property contains the following rare species, classified as S-1 by the Natural Heritage Program: Angelica Lucida, Maritime Red Cedar Forest (remnant), Erchtites Megalocaip8'(fire weed), Perentilla anserina, sub species sb.pacifica (silver weed) and Digilaria Fihsormis species; and 1 WHEREAS, the Property in its present scenic, agricultural and openspacecondition has substantial and significant value as an aesthetic and agricultural resource by reason of the fact that it has not been subject to any extensive development; and WHEREAS,the Grantor and Grantee recognize the value and special character of the region in which the Property,is located, and the Grantor and Grantee have,in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and - intangible values of the Open Area as an aesthetic, natural, scenic and agricultural resource;and WHEREAS,the Grantee has determined it to be desirable and beneficialand has requested the Grantor,for itself anditssuccessors and assigns,to grant a Conservation Easement to the Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW,THEREFORE: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in SCHEDULE A,free of any mortgages or liens and possesses the right to grant[his easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a qualified not-for-profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, and any amendatory or supplemental legislation (herein called 'the Code'), and incorporated under the Not-For-Profil Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural, scenic and open space values of rural lands located in Suffolk County of Long Island. 0.03 Purpose The parties recognize the environmental, scenic, open space and agricultural values of the Open Area and have the common purpose of preserving these values. This Deed is intended to convey a Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for environmental, scenic, agricultural and natural values, by preventing the use or development of the Open Area for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Government Recognition New York State,has recognized the importance of private efforts to preserve rural land in a scenic, natural and,open condition through conservation restrictions by enactment of Environmental Conservation Law, Article 49-0301, at. seq. and General Municipal Law, Section 247. Similar recognition by,the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property, as determined by its Board of Directors, at a duly constituted meeting of that Board on November 13, 1995, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open land. 0.06 Documentation The Grantee acknowledges by acceptance of this Easement that Grantor's historical and present uses of the Property are compatible with the purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time,of the gift of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, wildlife, watershed, scenic, agricultural and aesthetic 2 resources and otherwise to aid in identifying and documenting the Property's open space values as of the dale hereof, to assist the Grantor and Grantee with monitoring the development and use of the Property and ensuring compliance with the terms hereof, the Grantee has prepared, with the Grantor's full cooperation, an inventory of the Properly's relevant features and conditions (the "Baseline Documentation"), This Baseline Documentation includes, but need not be limited to: an aerial photograph,photographs of the Property, a topographical map; a description and site plan of existing land,ubes,features, and structures, if any,and an acknowledgment page signedbythe Grantor and the Grantee which verifies that the,Baseline Documentation report wcuralely represents the condflion of the Properly at fie time of the easement The Grantor and Grantee ackroMi dge and$5dree that in the e:erl a controversy arises 'him reapect to thenature and s<tanl c1 Hie Cr3nrorT. s hi•Iorial 3rid pres-st uces of ine Property or Is physical condition as of If a dale hereof. Ihe,pwl r: than not Ge lrreclosed from ulil,zmg ar,v olner relevant material documems, surveys, reports. pholograptis, or ether e%;dence lr, acs,;t`in:the resofulion of the controversy. O07 RecdaBon t , ' In consideration of the previously recited facts, mutual promises, undertakings and forbearances containedi in this Easement, the parties agree upon its provisions, intending to be bound by ft ARTICLEONE THE EASEMENT 1.01 Type This Deed conveys a Conservation Easement(herein called the"Easement y This Easement shall consist of the covenants, restrictions, rights, terms. and conditions recited in this Deed. Reference to this"Easement" or its "provisions" in this Deed shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Properly in perpetuity. 1-03 Effect The covenants, terms, conditions, restrictions and purposes of this Easement shall run with the Property as an incorporeal interest in the Property, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns and all other individuals and entities. Any rights, obligations, and interests herein - granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee"when used herein shall include all of those persons or entities. ARTICLETWO GlFr GRANTOR hereby voluntarily grants, releases and conveys to Grantee, as an absolute gift, this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor and all future owners, tenants,occupants, assigns and possessors of said Property. 3 C ARTICLE THREE PROHIBffED ACTS From and after the date of[his Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 101S j 1 The construction or placement of residential, commercial, industrial or other buildings, structures, or improvements of any kind or nature (including, but not limited to mobile homes), permanent or temporary, on, over or under the Property except pursuant to Section 405 arid 4.06 hereof. Structures-and improvements, including, but not limled to, driveways a and agricultural structures as permitted in Sections 4.05 and 406 hereof, may not be made on, over, or under the Property without the prior written consent of the Grantee,which may be granted-i@tne s racture or-improyement does riot deleat or derogate from the purposes of this Easement. r 3.02 Excavation and Removal of Materials The excavating, mining or filling of the Property except as may be necessary to develop and maintain the single-family residences and appurtenant structures and improvements permitted�.in the Development Area and allowable non-residemial improvements on the Property and to construct and-maintain the permitted structures and improvements in the Open -Area with the prior written consent of the Grantee. The removal of topsoil, sand, or other materials shall pot take place on the Property nor shall the topography of the Property be c6nged except to develop..and maintain the single-family residences and appurtenant structures and improvemehls permitted In the Development Area, to construct and maintainthe permitted structures and iT iprJVEmprds in the Gpen'Area and for purposes of erosion control and soil maoagemerd. Any such acr,mly shall require the written consent of the Grantee. 3.03 Subdivision The subdivision or partitioning of the Property without the prior written consent of the Grantee, which shall be granted if that subdivision or partition does not defeat or derogate from the purposes of this Easement, In no event shall the Development Area be subdivided into more than len (10) single-family residential lots as provided in Section 4.06 hereof, and none of the 10 lots shall be further subdivided in perpetuity unless the lot lines merge. Any changes in lot lines subsequent to final subdivision approval must be authorized by the Town of Southold Planning Board. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property. 3.05 Slans The display of signs, billboards, or advertisements on the Property except signs, whose placement, number, and design do not significantly diminish the scenic character of the Property and only for the following purposes: a) to state the name of the Property and the names and addresses of the occupants, b) temporarily to advertise the Property or any portion thereof for sale or rent, c) to post the Property to control unauthorized entry or use, and d) to announce the Grantee's conservation easement- 3 06 Clearina and Landscaoino Activities Clearing or grading within the Open Area, except with the prior written consent of Grantee and as approved by the Town of Southold Planning Board and as necessary for existing easements of record, if any. Otherwise,the Open Area shall remain in a natural stale, and maintenance of the natural vegetation therein shall be the only use or activity allowed, except as provided in Section 4.05. The removal of trees, shrubs, or other vegetation from the Property, except as provided in Sections 4.04 and 4.06. 4 3.07 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Open Area without the prior written consent of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the center line of roads or driveways, and may be used solely to service the:permitted structures. I - 3.08 Use I The use of the Property for any commercial or industrial purpose except that I agricultural uses expressly permitted in Section 4.05 shall not be considered a commercial or industrial use- 309 se.309 Development Rights The use of the acreage of this Property burdened with this Easement for purposes of calculating lot yield on any other property. Grantor hereby grants to Grantee all residential development rights(arid any further development rights that may be created through a rezoning of the Property) on.the Property, and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTORS RIGHTS 4.01 Ownership - Subject to this Easement, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Properly in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York State, and federal law which will net defeat or derogate from the purposes of this Easement. 4.04 Landscaping Activities Grantor shall have the right to continue the historical modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs,or other vegetation when dead,diseased,dangerously decayed or damaged on the Property. Clearing, cutting and grading within 50 feet of the top edge of the bluff shall be limited to that necessary for proper maintenance and removal of diseased,decayed or dead material and obnoxious plant species. Such clearing, cutting and grading shall be subject to the prior written consent of Grantee and review by the Town of Southold Planning Board to insure proper maintenance and preservation of the natural buffer on Long Island Sound. 4.05 Agricultural Activities Grantor shall have the right to continue or restore the historical, locally typical and/or customary modes and levels of farming, including pasturing, grazing, feeding and care of livestock and cultivation of crops, provided that such agricultural activity shall be conducted in accordance with the purposes of this Easement and provided that care shall be taken to preserve and protect the rare species of plant life. No agricultural activity shall be conducted within 100 feel of the rare species so that agricultural use of the soil and the application of herbicides cannot affect the rare species. Normal agricultural fencing and accessory structures, as provided in 4.06 B, and as may be reasonably necessary in connection with agricultural use and the maintenance on the Property of horses, sheep, beef or dairy cattle, or similar domestic 5 livestock, may be constructed, maintained or replaced by Grantor with the prior written consent of the Grantee. 4.06 Structures A_ Allowable Residential Improvements- - Grantor shall have the right to construct no more than ten (10) single-family residences with.appurtenant structures and improvements reasonably necessary to.serve such residences including, without limitation, driveways, garages, storage sheds, septic systems and leaching pools, swimming pools, pool houses, tennis courts, or other family-scale athletic facilities. Allsuchresidences, structures and improvements shall be constructed, maintained and replaced within the Development Area as described in Schedule C except as provided in Section 3.01. Clearing and plading within each residential lot shall be limited to that necessary for sflirng, conalruciing, renoV91ing, expanding, convemng or replacing rhe residences and.: - appurlenant structure and(improvemmis wrlh the irt.m of presenrng 3s much of the natural veget3fion on me site,A pss�rlo and'-minimizing srrm water runolf and erosion. No storm 'w31er runoff resulting rrorn tike devel•;pnrmt and impra✓ement of the subdi ision for any of.ils 1015 shall to discnarg�a down the face of rhe bluh. B. Allowable No Resfdenrral Improvements. Grantor shall have-M-e right t0 erect and maintain the following non-residential improvements'.in the($p nArea whicharenecessary to and consistent with the uses as permitted in Section',."4.OS.and 4.06 hereof. (i) Agriculfural Structures, including but not limited to barns and sheds as is necessity for'-the agricultural use of the Open Area,placed such that they do not j detrac4rom 'sand adversely affect the scenic value of this Easement; and +I} (it) Underground facilities normally used,in connection with supplying utilities, removing:sanitary sewage effluent, and controlling storm water runoff from the improvepents;permitted under the terms of this paragraph B hereof. Any such undergroundiulflities must,to the extent possible, be constructed within 30 feet r of the centerFire of roads or driveways, and may be used solely to service the permitldd.structures. No new sanitary disposal facilities or structures, with the exception.or�rat slated in Paragraph (iii) below, shalt be constructed or olherMe.4oc`ated between the high water mark and the one-hundred (100) foot setback€ corn tfie top of the bluff; and (iii) Access Drives, to provide access to the improvements permitted by this paragraph,4.b& and any existing recorded rights-of-ways to adjacent properties. Access to thel'beach down the face of the bluff shall be only by means of a suitable structure. 'Thee structure shall be designed and constructed in a,manner that will resuftlir@Ibe least threat to the stability of the bluff and must be in accordance with all applicable permits; and (Iv) Fences,.placed such that they do not detract from and adversely affect the scenic value of this Easement;and C. Replacement of Structures In-Kind. In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvement impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted within the same location subject to the review and written approval of Grantee. - D. Environmental Sensitivity During and After Construction. The use and location of such improvements shall be consistent with the conservation purposes intended herein, and constructed by methods which are attentive to minimizing disturbances to the environment, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. No storm water runoff;resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. 6 4.07 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property which could adversely affect the conservation purposes which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.06 herein. Grantor shall provide + - Grantee.with complete documentation including architectural plans of any proposed structures which are subject to Grantees approval which shall not be unreasonably withheld_ Such approdal,disapproval or cammentsot Grantee shall be given to Grantor within 45 days after all necessary documentafiodand information is submitted to Grantee. 4.08 Alienability Grantor shall have the right to convey all or any part of its remaining interest in the Properly but only subjectto this Easement- Grantor shall promptly notify Grantee of any conveyance of any interest,in the Property,including the full names,and mailing addresses of all f Grantees,.and.the ;nd"nidu it'-pnn6pals thereof, unchaT,any such conveyance. The'mstrument of ` - any,such condeyar,,ce shall zpeafw-afly Eel forth that Fie irlterost thereby copyayed is,subject to, { (his Easement.without mboificauon or amendment of-the terms of this Easement,gfid "shalt incoiporafe this,Easement by reference, specifically setting forth,,the,date, office,, fiber and. `page of'04e re'eording hereof_ The failure of any such instrument to comply with the provisions Ireieofhall,nui�aYfeetrGrantee's rights hereunder. ARTICLE FIVE GRANTORS 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 such payments,Grantee is authorized to make such payments (but shall have no obligation to do so) upon ten days prior written notice to Grantor, according to any bill, statement or estimate procured from the appropriate public i 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 two percentage points over the prime rate of interest from time to time charged by Citibank, N.A. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless from any charges or liens imposed upon Grantee arising from the physical maintenance and upkeep of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees,judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: a) from injury to persons or damages to Property arising from any activity on the Property, except those due solely to the ads of the Grantee, its officers, employees, agents, or independent contractors; and b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the ads of Grantee, its officers, employees, agents, or independent contractors. 7 ARTICLE SIX GRANTEES RIGHTS 6.01 Entry and Inspection Grantee shall have [he right to enter upon the Property at reasonable times, upon reasonable prior notice to Grantor, and in a manner that will not interfere with the Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for.any other purpose, except as provided in Section IBM, nor to permit access upon the Properly by the public_ 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the - condTtori required by this Easement and to enforce this right by any action or proceeding that the Grantee may-reasonably deem necessary. However,it is understood artd agreed by the parties hereto that the.Graritor shall not be liable for any changes to the Property,resulting ? from rouses Ui?gond the Grantor's control, including, without limitation fire, flood, storm, and ea7th moverrI Grimm any prudent action taken by the Grantor under.emergency conditions to.pteYYeiit; abate; or mt[igate significant-injury to the Property resulting from such causes. 6.03 Enforcement Rights-Df Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate: Therefore, in addition to, and not in limitation of,any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision-, covenant or obligation on Grantor's part to be observed or performed pursuant to this-EAsement is hot cured by Grantor within thirty (30) days notice thereof by Grantee (which rclice requirement is ecpr`bssly waived by Grantor with respect to any such breach,default or %ir I3GGn,NnirM,Ln Grantee`s reasonable judgment.:requires immediate actroTito,preserve and protect am o1,1F1. Open Space Values or oihei w,_e to further the purposes;ohth s Easement),. Granite -sh5fj t abe;me righr at Grantor's sole cost and expense and at Grahf4es election, (i) to in;gjule a pud oto Pripin or care such treacn, default.or vlolation.by temporary andfor perrnatalt 'npmccdon, '(nl ti enter upon the Properly and exercise reasora'�fefefforls to xl - lerrin3le or Sire sucli:tireach, dcfaul, or wolahon and/or to cause.the ecolic a orT•of that p]rfio,Y t3Ir.?'PVpprrty affeGed'by such b,each, default,or violation to they [difion,that;existed poor tFe�e[o oar ` re ifie"Td`aT"e hereof,or to such conditio0 as f0 expressly pler tied hereby or as mar toIF, . ro Ihelterm=- hereof, a:; Gr3ruee deeme appropriate und4r1F ,&ircumstances, or h , f[ wk is iror,.e s,h 5h ether Irg31 and or equdable relief or remedles ,GT,antee+dee ms r Hca_- y rir�ble r3. nsurs compiarce with the terms,condrtiot+s,F fr;enati+tsr ob)igattons and pu60a l;ten Ea- ent,pro,toed, For.ever,that any failure,:deta�r' t Ie upGt to 5o.act by Grgr le hag aril be, to be 3 *rva ger or a forterture'of any rrghfFd yaI ab?e remedy on Granite Pao; ih rxspesr;C 10-aoch breacr default or.:vtolatfpn qr wrath rp'_S,'peGF to an other t•reacFf, d rau¢f rc v+ Iraforiipf any tem, cnndR r covenant or 0110 0r?yli(r 1, cr-tfris.EasemenL r .r[r J-11 r t y 1 -. -� r , , n i C' ' le affRmeys`., 'I 'V i 1 ie. .1: .. . ] t , ..r: r :5n f yp `Peals a`) in 6.04. No ydaiver GrantedW exemise of one remedy or relief under this ARTICLE SIX shall not have the effect of lveivinw',-pr limiting any other remedy or relief, and the failure to exercise or delay in i exercisiri9 any F*edy shall not have the effect of waiving or limiting the use of any other remedy' of relreKof the use of such other remedy or relief at any other time. 6.05 Assipnabflily Grantee,shall have the right to assign any and all of its rights and responsibilities under this Easement and any and all of its rights,title and interest in and to this Easement only to a qualified.organiieTiion (herein called "the Assignee"). As used herein: the term "qualified organizefibn" means a not-for-profit corporation or governmental unit or agency which is quatiffed:io receive such interests pursuant to Article 49 of the New York Environmental Conservalion Law, and is a qualified organization within the meaning of Section 170(h)(3) of the Code. Any assignment by Grantee or Grantee's successors must require the Assignee or 8 Assignee's successors to carry out the purposes of this Easement. The Assignee and its successors and assigns shall have the same right of assignment. 6.06 Succession If at any time Grantee or any successor or assignee is unable to enforce this Easement fully or fails tondo so,or if Grantee or any successg or assignee ceases to exisbor ceases to be a qualified organization under I.R.Q. Section 170 (h)(3) then this Easement shall be vested in such other qualiffed.corpbralion, body or agency a5 defined and upon.the conditions contained in - Section 6-05 as the Grantee shall designate. If,on the occurrence of any of these.events, Grantee or my successor or.assignee 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 quafified organization, then the rights.and responsibilities under this Easement shall become vested in another qualified organization in accordance witk a-cy pres proceeding brought in arty court of competent jurisdichon. 697_ Extinguishment This easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.07, the fair market value of such right and interest shall-be equal to the difference, as of the date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hareby(such difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinafl'er referred to as the "Proportionate Share"). In the event a material unforeseeable changeyn the conditions surrounding the Property makes impossible its continued use for the purpose's cpnfemplated hereby, resulting in an extinguishmentof this Easement or any material term or provisfon hereof by a judicial proceeding; then upon a subsequent J transfer of title to,the�'Propery by sale, gill, devise, exchange, taking by eminent domain or by piurchase in lieu of a taklg, Grantor shall pay to Grantee an amount equal to the greater of (x) thl'e consideration paidRby,Grantee to Grantor for this Easement or(y) the Proportiohate Share o?the proceeds of such transfer. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other'au�&ity, or otherwise acquired by such authority through a purchase in 4 lieu of a taking,so asflb abrogate the restrictions imposed by this Easement or otherwise ! eitectivelyto frustraldlthegpurposes hereof, Grantor and Grantee shall join in appropriate 1 prpceedings at the lime df such taking to recover the full value of the interests in the Property sGbject fo the taking and all incidental or direct damages resulting from the laking. All expenses reasonably'':incurred bytthp.parties to this Easement in conneam with such taking shall be paid oil of the recovered proceeds_ Grantee shall be entitled to the proportionate Share of the remaining recovered proceeds. The Grantee shall use such proceeds actually recovered by it in a mannercoirsistant with,Rhe,purposes of this Easement. The respective rights of Granter and Grantoe set forth in this Section 6.07 shall be in addition to, and not in limitation of,any rights I they may have by law WWto respect to a modification or termination of this Easeinent by reason f orichanged conditions or tfib exercise of powers of eminent domain as aforesaid. 6.00 No Public Nothing contained jn this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property. Accordingly, Grantee shall not invite theP ublic to enter upon the Property without the prior written consent of the Grantor. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it- 9 s•==s-..-nom C 7.02 Amendment This Easement is made with the intention that it shall quality as a Conservation Easement _ in perpetuity under I.R.C. Section 170 (h). The parties agree to amend the provisions of this Easement in such manner as may be indicated by the Internal Revenue Service, as a result of final determination after audit of the federal income tax return of the Grantor,to entitle the i Grantor to the charitable deductiondescribedin 1.R-C_Section 170 (h). Any such.amendment ! shaff apply retroactively imthe same manner as if such amendment oramendmehts-had been set forth herein. 1 This Easement can be terminated or modified only in accordance with the common and statutory law of the State of'New York applicable to the termination and modification of easements and covenants running with the land_ Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain of the restrictions contained fr mts tas6menf. To ih= erd. Grantee and Grantor shallt4nutuallyhaye,ihe rgfitin their suie discrerfcn. to agree In amendments to this Earemem :vhich are not inrcnsislenj with the basic purposfs,of fms Easement set forth in the frilroduct;n hereof provided, however. ihaf {` Grantee :haff.have no right or p•7her to agre? to any arnendmems hereto that would res011 m this - Easement tau;Wyle gttatih , as a void G;nsenation Easement under Artiue,49,Title 3 o the ErrmunTe.dal Conservation Law of he State of New York, as the same may be hereafter amerd d5 anjreguilal.cn issued pursuant Iherelo, or Section 1701h) of the Inlemai.Revenue i Code go zrr,nq •il,tauned Consenabon Contributions.'. P, Thapartres;acknowfedge that the boundaries of the Open Area and the Development Area may hai,d to be adju ted as prov deo herons and the parties agree to coopePatat%griph 6oupdary line adlu dm ors ao may be necE,sarv, prop sled,said adjustments would riot r�Yllt'iri c5minution of the Open Araa or dr tr reaae n the number cF lots or primary.structures tabe-developed iby the Grantor. 7.03 Seyerabilrly �ny provision of this Easement, restricting Grantor's activities, which is determined to be fnvalfd-,or unenforceable by a court, 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 which is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.04 Notice All notices required by this Easement must be written. Notices shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United States Postal Service. 'Mailed notice must be contained in an accurately addressed,sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein,or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed 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 7.04. Notice shall be deemed given and received as of the dale of its manual delivery or the date of its mailing. 7.05 Governing Law 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. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it_ If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement as intended by Grantor. Any rule of strict construction designed to limit the breadth of 10 OWN the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and, this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by Grantor. The parties intend that this Easement,which is by nature and character primarily negative in [hat 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 purposes- 7 07 urposes.7-07 Warranties 1 The warranties and representation made by the parties in this Easement shall survive I its execution. 9 7.08 Fec rding Grantee shall record this Easement in the land records of the office of the Clerk of the -County of Suffolk,Mata.of New York_ 7.09 Headings The headings, tilles and subtitles herein have been inserted solely for convenient §� reference, and shall be ignored in its construction. I 1 I! i it ) 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. STATE OF NEW YORK SS: COUNTY OFSUFFOLK I, EDWARD P.ROMAINE,CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY(SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPARED THE E ANNEXED COPY OF LIBER %/dG% AT PAGE `% �—c RECORDED r.i 97 AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL EASEMENT AND OF THE WHOLE THEREOF. IN..TE&TIMONY.WHEREOF, L HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID j COUNTY`ANDCOURF;THfS r, * DAYOF ,(7,r,,4,' 1997 r I CLERK I ,za+va.a9sc. I STATE OF NEW YORK ) I COUNTYOFSUFFOLK ) SS.: . On this day of December, 1997, before me personally appeared Raoul J. Wi[teveen, who,being by me duly sworn,said that he resides at 360 Daniels Lane, Sagaponack, New York, 11962, the Grantor mentioned and described in, and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same. N tary Public Julie G.Tiska No.01TI5064466 Notary Public State of New York STATEOFNEWYORK ) Qualified in Suffolk County COUNTY OFSUFFOLK ) SS.: Commission Expires T119wv On this 29t�day of December, 1997, before me personally appeared JOHN v.H. HALSEY,who, being by me duly sworn,said that he resides at 469 Majors Path,Town of Southampton, New York,that he is President of PECONIC LAND TRUST,INCORPORATED,the Grantee mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein; and that he signed his name thereto by authority of the Board of Directors or the said Corporation. N Lary Public Julie G.Tiska No. 01T15064466 Notary Public State of New York Qualified in Suffolk County Commission Expires s-jMb it SCHEDULE A: Metes and Bounds Description of the Property. SCHEDULE B: Metes and Bounds Description of the Open Area. SCHEDULE C Metes and Bounds Description of the Development Area. 12 SCHEDULE "A" November 27, 1996 Cove Beach Estates at East Marion, Town of Southold, New York S.0 T.M_No.: 1000-22-3-15.1 & 1000-22-3-18.3 Surveyor's Description-Entire Parcel ALL that certain plot, piece, or parcel of land,with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: I BEGINNING ata point on the northerly side of Main Road at the southeasterly corner of land now or formerly Frank R. Russel and Others,said point being situate 1776 feet easterly as measured along the northerly side of Main Road from the;intersection of the northerly side of Main Road and the easterly side of Stars Road' RUNNING thence from said point of beginning along land now or formerly Frank R. Russel and Others the following four(4)courses and distances: 1_ North 23 deg. 22 min. 16 sec. West 211.37 feet, j 2. South 60 deg. 31 min. 44 sec. West 27.55 feet, i 3_ North 25 deg. 15 min_ 16 sec. West 402.42 feet, 4. South 72 deg. 32 min. 04 sec. West 52.24 feet to land now or formerly Ronald Edeen; Jr. and Barbara Edeen; RUNNING thence along land now or formerly Ronald Edeen, Jr. and Barbara Edeen the following two (2)courses and distances: 1. South 77 deg_58 min. 14 sec. West 155.85 feet, 2. South 74 deg. 31 min. 54 sec. West 59.26 feet to land now or formerly Frank E. Begora, Jr. and Iris R. Begora; RUNNING thence along land now or formerly Frank E. Begora, Jr. and Iris R. Begora the following two (2)courses and distances: 1_ South 78 deg+29 min. 54 sec. West 295.42 feet, 2. South 27 deg.28 min. 06 sec. East 11.58 feet to land now or formerly Myron B. Brown; RUNNING thence South 76 deg. 28 min. 04 sec. West along land now or formerly Myron B- Brown 180.74 feet to land now or formerly John Psaroudakis and Luz Psaroudakis; RUNNING thence North 24 deg. 08 min. 36 sec. West along land now or formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E- Cook 932.76 feet to a point,- RUNNING oint;RUNNING thence South 65 deg. 51 min. 24 sec_ West still along land now or formerly Dorothy E. Cook 137.75 feet to the easterly side of a certain 16 foot wide right-of-way through land now or formerly Dorothy E. Cook; RUNNING thence along the easterly side of said right-of-way the following two (2)courses and distances: 1. North 24 deg. 41 min. 56 sec_West 529.80 feet, Page 1 2. North 23 deg. 47 min. 16 sec. West 269.74 feet to a point; RUNNING thence still along land nowor formerly Dorothy E. Cook the following three (3) courses and distances: 1. North 65 deg_51 min_ 34 sec. East 141.21 feet, 2- North 24 deg. 08 min. 36 sec. West 206.00 feet, 3_ North 25 deg- 26 min. 56 sec_ West 311.76 feet to land now or formerly Otto Uhl,Jr. er al.; RUNNING thence along land now or formerly Otto Uhl, Jr. et al- North 61 deg. i 16 min. 04 sec.East 156.76 feet to land now or formerly Constance J. Terry; i RUNNING thence along land now or formerly Constance J.Terry the following ten(10)codrses and distances: 1. South 25 deg. 31 min. 36 sec. East 836.45 feet, 2. North 65 deg):.47 min. 54 sec. East 288.00 feet, 3. North 24 deg; 1;2 min. 06 sec. West .176.10 feet, 4. North 24 deg;,38 min. 46 sec. West 113.47 feet, 5. North 23 deg:.32 min. 36 sec: West 110.05 feet, 6. North 25 dega,39 min. 46 sec West 101.00 feet, f 7. North 2&,d'pg'dy4min. 56 sec.West 88.65 feet, 8. North 26 deg' 21 min-26 sec. West 100.90 feet, 9. North 28 deg�48'min. 16 sec. West 101-34 feet, 10_ North 33,.deg;126,min. 56 sec West 68.56 feet to land now or formerly Otto Uhl, Jr.el al_; 5 r RUNNING thence along land now or formerly Otto Uhl, Jr. et al. the following four(4) courses and"dislances: 1. North 61 deg.'22 min. 14 sec East 97.62 feet, 2. North 24 deg°21 min. 26 sec West 833.61 feet, 3. North 45 deg.,03 min. 26 sec. West 67.42 feet, 4. North 02 deg:08 min. 04 sec. East 527.67 feet to the approximate highwatermark of Long Island Sound; i RUNNING thence along the approximate highwater mark of Long Island Sound the following fifteen (15 f tie line courses and distances: 1. South 83 deg. 14 min. 46 sec. East 2826 feet, 2. South 62 deg..51 min. 09 sec. East 201.85 feet, 3. South f3 deg.fd3 min. 58 sec East 3920 feet, 4. South 41 deg_P4 min. 15 sec. East 85.68 feet, 5. South 35 deg.ii7 min. 27 sec East 447.02 feet, 6. South 54 deg. 42 min. 50 sec. East 14220 feet, 7. South 61 deg.61 min. 04 sec. East 142.78 feet, 52 B. South 67 deg: min. 44 sec. East 167.49 feet, 9. South 73 deg_20 min. 32 sec. East 501.35 feet, 10. South 70 deg.23 min. 39 sec. East 215.43 feet, 11. South 73 deg. 6 min. 00 sec. East 227.73 feet, 12. South 71 deag. 66min.21 sec. East 210.19 feet, 13. South 82 deg.. 49 min. 39 sec. East 69.50 feet, 14. South 76 deg,56 min. 14 sec. East 108.12 feet, 15. South 81 deg. 51 min_ 42 sec. East 321.20 feet to land now or formerly Robert W. G'ill*pie, Jr. and David Gillespie; RUNNING thence al' ng land now or formerly Robert W. Gillespie, Jr. and David Gillespie South 060eg_24 min. 34 sec. West 198.78 feet to the approximate Page 2 highwater mark of Dam Pond; RUNNING thence along the approximate highwater mark of Dam Pond the following thirty-three(33) tie line courses and distances: 1. South 89 deg. 19 min. 53 sec. West 73.94 feet, j 2. North 75 deg.37 min. 52 sec. West 48.78 feet, J 3. North 87 deg. 59 min_45 sec. West 58.54 feet, 4. North 89 deg. 33 min. 38 sec. West 37.38 feet, ? 5. North 63 deg.46 min.47 sec.West 46.02 feet, 6. North 85 deg.42 min. 49 sec. West 63.84 feet, 7. North 66 beg,l74 min. 49 sec. West 28.08 feet, B. South 33'deg:57 min. 52 sec. East 18, 0.87 feet, 9. South Mtleg..42 min. 02 sec East 110.06 feet, 10. Nor't16;,89sde9'110-min_25 sea East 8579 feet, 11 Souftr38 deg. 23 min. 13 sec. East 61.33 feet, 12 South24,deg, 16.min. 0'5 sec East 73.11 feet, 13 South 51 deg.: 1D min. 48 sec.West 4925 feet, 14 South3 eg;39�min. 33 sec. East 58.55.feet, 15 S'ouffi 28, 4d 04 miri-43 sec. West 53.12 feet, 16 Soutft$ rje-a 4 ruin.21 sec.V1/est 46 53feet, i 17 North 7�eg 5Z mm, 36 sec Wiest 1461A,feet, v 16 SoftYft e aQ5m¢t 6,& to sec. West 64. feet, i 19 Sv;1Jh O9 e 56 iM 12 sec. West 73.36 feet, 20 5o5th �'r9riin. 55 sec. Cyst 58:90 feet, 21 Ssoh 55 45 r[fn 53 sec. East 82.68!feet , 22 IdBttlrB '49.rim S5 sec C st B2 9i3 feet, 23 Sot (17 -645rrsec. East 68.05 feet, 24 No in.06 sec East 61.71 feet, 25 f }ai '1 t q rrrfn_ 34 sec. East 92.74 feet, 26. rtfr5 `,3i( On' 16 sec. East 24.33 feet, 27 S6 h; ,3b min. 07 sec. East 31-57 feet, 28. Sv. 94 min. 27 sec. West 49:53 feet, f 30 � 5 g.19S min.03,se,a East 106.82 feet, g.03 min. 02 sec. West 48.86 feet, 31 7 g',4,j min-56 sec. West 61'.30 feet, 32. Sp 7 t�X29 mbr. 50 sec. West 79.63 feet, 33. Sp 1 g-4 mfi . 29 bec. West 211.47 feet to land now or formerly Joseph Brick Gazza; RUNNING thenfie,along:land now or formerly Joseph Frederick Gazza, along land now or feune4 etnice Letlieri, along other lands now or formerly Joseph Frederick Gazzat alalong land now or formerly Andrew Lettieri the following thirteen (13)coursd+nd distances: 1_ North 87 deg. 08 min. 46 sec. West 103.77 feet, 2. North.00 deb. 35 min. 14 sec. East 9.00 feet, 3. Norfh 89 deq.05 min. 36 sec. West 450.01 feet, 4. South 69 dd'g. 43 min. 34 sec. West 520.88 feet, 5. South 2.5.6 j. 30 min. 06 sec. East 608.15 feet, 6. North 81 def _ 12 min. 16 sec. West 312.90 feet, 7. South 32 d . 12 min.06 sec. East 144.10 feet, 8. South 27 d : 10 min. 36 sec. East 71.14 feet, 9. Sorlth 27 .49 min_ 46 sec. East 111.96 feel, 10. Sodth25 .15min. 36 sec. East 598.78 feet, 11. So..; .46 min. 36 sec. East 387.32 feet, 12. North-63 d'e . 01 min: 44 sec. East 23.10 feel, 13. So4fi 25 . 30;min. 16 sec. East 242.90 feet to the northerly side of Main Roadl Page 3 RUNNING thence along the northerly side of Main Road South 63 deg. 03 min. 14 sec. West 66.62 feet to the point or place of BEGINNING. CONTAINING an area of 96.3763 Acres. SUBJECT to all Bights of way, easements and or covenants of record, if any. 9 i ti { 3 I�dI i I Page 4 i SCHEDULE "B" November26, 1996 Cove Beach Estates at East Marion, Town of Southold, New York S.C.T.M. No.: 1000-22-3-15.1 & 1000-22-3-1B.3 Surveyor's Description-Open Space Area i ALL that certain plot, piece, or parcel of land, with the buildings and I improvements thereon erected, situate, lying and being at East Marion,Town of Southold, County of Suffolk and State of New York, bounded and described as fol lows- BEGINNING=.at,a_poinfon the northerly side of Main Road at the southeasterly corner of land now or formerly Frank R. Russel and Others, said point being situate f776.feet easterly as measured along the northerly side of Main Road from the intersection of the northerly side of Main Road And the easterly side of Stars Road: RUNNING thence from said point of beginning along land now or formerly Frank R. Russel and Others the following four(4) courses and distances: 1 1. North 23 deg_ 22 min. 16 sea West 211.37 feet, 2. South 60 deg. 31 min. 44 sec. West 27.55 feet, ° 3- North 25 deg_ 15 min. 16 sec. West 402.42 feet, 4. South 72 deg_ 32 min.04 sec. West 5224 feel to land now or formerly Ronald Edeen,Jr. and Barbara Edeen; RUNNING thence along land now or formerly Ronald Edeen, Jr. and Barbara Edeen the following two (2)courses and distances: 1. South.77 deg.5B min. 14 sea West 155.85 feet, 2. South 74 deg:31 min. 54 sec. West 59.26 feet to land now or formerly I Frank E. Begora, Jr. and Iris R_ Begora,- RUNNING egora;RUNNING thence along land now or formerly Frank E. Begora, Jr. and Iris R. Begora the following two (2) courses and distances: 1. South 78 deg. 29 min. 54 sec. West 295.42 feet, 2. South 27 deg, 28 min. 06 sec. East 11.58 feet to land now or formerly Myron B_ Brown.- RUNNING rown;RUNNING thence South 76 deg. 28 min_ 04 sec. West along land now or formerly Myron B. Brown 180.74 feel to land now or Formerly John Psaroudakis and Luz Psaroudakis; RUNNING thence North 24 deg. 08 min. 36 sec.West along land now or formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E. Cook 932.76 feel to a point.- RUNNING oint;RUNNING thence South 65 deg. 51 min.24 sec. West still along land now or formerly Dorothy E. Cook 137.75 feel to the easterly side of a certain 16 foot wide right-of-way through land now or formerly Dorothy E. Cook; RUNNING thence'along the easterly side of said right-of-way the following two (2) courses and distances: 1. North 24 deg_41 min. 56 sec. West 529.80 feet, Page 1 2. North 23 d `47 min. 16 sec. West 269.74 feet to a point; RUNNING thence still along lana now or formerly Dorothy E. Cook the following three(3)IcWrses and distances: 1. North 65 deg. 51 min. 34 sec_ East 141.21 feet, 2. North 24ideg.08 min_ 36 sec. West 206.00 feet, 3. North 25.deg.26 min- 56 sec. West 311.78 feet to land now or formerly Otto Uhl,Jr,el a6_; RUNNING thence,North 61 deg. 16 min. 04 sec. East along land now or 1 formerly Otto Uhf, Jr. at at to land now or formerly Constance J.Terry; RUNNING thence along land now or formerly Constance J.Terry the following ten( -0) courses and distances: 1. South 25 deg. 31 min_36 sec. East 836.45 feet, f 2_ NSYth£5 deg_ ,47 min. 54 sec. East 288.00 feet, { 3. aarth24.deg,. 12 min. 06 sec. West 176.10 feet, 4_ North 24 deg, 38 min.46 sec_West 113.47 feet, 5_ Nor;'h23ideg.32 min. 36 sec. West 110.05 feet, 6. No+rtlt 25`beg,,39 min. 46 sec. West 101.00 feet, 7- Naj'th;23 deg.N min. 56 sec. West 88.65 feet, I 6. I�orYh 26 deg,21 min.26 sec- West 100:90 feet, i 9 North 28 deg 48 min_ 16 sec. West 101.34 feet, 10 Na%tky 93 Heg 2b`nin.56 sec. West 6856 feet to land now or formerly 1 Otto-Uhl tJr le[at-; i RUNNVG then North 61 deg. 22 min. 14 sec. East along land now or { formerly Otto,Uh), Jr_et a(97.62 feet to the southeasterly corner of land now or formerly Offo UNI,`Jr. et`tal; RUNNING thence through land of the party of the first part the following ten (10)courses and distances- 1. istances:1. South 64 deg. 52 min.22 sec. East 164.13 feet, 2. on a curve to-the right having a radius of 60.00 feet a distance of 203.36 feet, 3. on a curve to the left having a radius of 40.00 feet a distance of 34.00 feet, 4. on a curve:to the left having a radius of 900.00 feet a distance of 209.64 feet„ 5. on a curve to'1he right having a radius of 2250.00 feet a distance of 263.01 feet, 6. South 66 deg. 01 min. 44 sec. East 183.36 feet, 7. on a'curve to the right having a radius of 170.11 feet a distance of 187.23 feet, 8. North 44 deg. 01 min. 27 sec East 404.16 feet, 9. South 71 deg. 27 min. 16 sec. East 110.00 feet, 10. North 18 deg. 32;min. 44 sec. East 428.72 feet to the approximate highwater mark of Long Island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound the following four(4`) Lie line courses and distances: 1. South 71 deg. 06 min. 21 sec. East 210.19 feet, 2. South 82 deg.49 min. 39 sec_ East 69-50 feet, 3. South 76 deg. 56 min. 14 sec. East 108.12 feet, 4. South 81 deg. 51 min. 42 sec. East 32120 feet to land now or formerly Robert W. Gillespie, Jr. and David Gillespie; Page 2 RUNNING thepce along land now or formerly Robert 1N. Gillespie, Jr- and David Gillespie SoutV 06 deg-24 min. 34 sec.West 196.78 feet to the approximate highwaler mark of Dam Pond.- RUNNING ond;RUNNING thence along the approximate highwater mark of Dam Pond the following thirty-three (33)tie line courses and distances: 1. South 89 deg. 19 min- 53 sec. West 73-94 feet, 2- North 75 deg. 37 min. 52 sea West 48.78 feet, 3. North.67 deg. 59 min. 45 sec. West 58.54 feet, 4. North 89 d'eg. 33 min- 36 sec. West 37.,38 feet, 5. North80treg:46 min- 47 sec. West 46.02 feet, 6. North 85 k6g.42 min. 49 sec. West 63.84 feet, 7. North 616 d,,�6g. 04 min. 49 sec. West 28:08 feet, f 6. Soukh?3 deg- 57 min. 52 sec. East 180,87 feet, + 9. South D8 V d_42 mire. 02 sec. East 110:06 feet, 10. Nom-STaeg, 10mkk�25 sec. Fast 85.79 feet, I 11. Soufh 23 train. 13 sec- East 61 33 feet, 12 SoiSFh ZI deg: 16 min. 05 sec. East 73-11 feet, '< 13 South 10 min-48 sec West 49 25 feet, d 14 SoutFi .39 m?n.33 sec East 58.55 feet, 15 Sbtittr 04 rrtpn.43 sec. West 53.12 feet, ° is. 1R44'-2F1 `1 it. -t ._ West 46.56 feet, 17- Ii:.;p,77 .�:•; n,r it Whsk`14619'feet, Wost04 68 feet, 19. ,•:ar, 0A •7•] ? -,,,, t ' W%st73.36feet, 20 r,,,ir,'_i .j=,7 to r,r, East58.90feet; 21 7..,;q t,j_,, i; ;„r, - t - East 32-68 feet; i ! 22 ....... = East 92 g8 feet 23. •_•r,u,r,: .y.,; -a „ �, r East 6.8.05feet, 24. IF;rn„>r[} ., 3-i „ir 1-117- ,..,: East 61-71 feet, 25. ta:,ir, 74 j w- -V3 ,T,iri 11 - East 917.74 feet, 26. t 1,;,'u, -3, .3 -ti „ c, t c: East 24.33 fleet, 27 ' 'u1r, i-• ] iir,r, 0 po East 41,57 feet 28. r,in _f .. . V est 9.51feei, a � 29 „rr,, l +, ,, E� t't��6 82 feet, 30 'n{jr,, ,y�.,7.i i i ,�„h i_i gest 86ifbet, 31. W est�1.30'feet, 32. -Cr. aA, _a n West X9.63 feet, 33. =,'u,r, t„t7�,, „ p,,-c _. "Iest2047feetfoland now orformerly J FET,r IF�j Fi. land no,, r it rn+'y irl.� -'„� ' r' 7 r,.-..v or formerly Joseph Frederick Gazza, along �'-' IF- , ;long other lands now or formerly Joseph Frederic, ;-;, ;. j Ml.>,-.., i;,-.,y r..;, _:r formerly:Andrew Lettieri the following thirteen t 13) courses-*- distances: 1. North 87 dam-08 min. 46 sec. West 103.77 feet, 2. North 00 R- 35 min. 14 sec. East 9.00 feel, 3. North 89.,050t0'5 min. 36 sec. West 450-01 feet, 4. S64 89:'b' 43 mirt. 34 sec. West 520.88 feet, 5. Soulh,25,ii -30 min. 06 sec. East 608.15 feet, 6. North ffi � . 12 min. 16 sec. West 312.90 feet, 7. Sout42A . 12 min. 06 sec. East 144.10 feet, 8. South 27- g. 10 min. 36 sec. East 71.14 feet, 1 South p7 .49 min. 46 sec. East 111-96 feet, 10. SoutFYizS'a - 15 min. 36 sec. East 596.78 feet, 11. South,-26� - 45 min. 36 sec. East 387-32 feet, 12. Nort01 min.'44 sec. East 23.10 feel, 13. South 25 •9.30 min. 16 sac. East 242-90 feet to the northerly side of Main Road; Page 3 I RUNNING thete along the northerly side-of Main Road South deg. 03 min. 14 sec. West 86+.62 feet to the point or place of BEGINNING. CONTAINING on area of 68.8177 Acres. SUBJECT to all rights of way, easements and or covenants of record, if any. i it i I Page 4 ;11SiOE975 SCHEDULE "C" { November 26, 1996 Cove Beach Estates at East Marion, Town of Southold, New York S_C.T.M. No.: 1000-22-3-15.1 & 1000-22-3-18.3 Surveyor's Description-Development Area j ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point marking the southeasterly corner of land now or J formerly Otto Uhl,Jr_ et al; 1 RUNNING thence from said point of beginning along land now or formerly Otto Uhl, Jr. et at the following three(3) courses and distances: 1. North 24 deg. 21 min. 26 sec. West 833.61 feet, 2. North 45 deg. 03 min_ 26 sec. West 67.42 feet, j 3. North 02 deg. 48 min_04 sec. East 527.67 feet to the approximate highwater mark of Long Island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound i the following twelve(12}tie line courses and distances: ! 1. South 83 deg. 14 min. 46 sec. East 28.26 feet, f 2. South 62 deg. 51 min. 09 sec. East 201.85 feet, 4 3. South 13 deg. 33 min. 58 sec. East 39.20 feet, 4. South 41 deg. 24 min. 15 sec. East 85.68 feet, 5. South 35 deg. 17 min. 27 sec. East 447.02 feet, 6. South 54 deg; 42 min. 50 sec_ East 142.20 feet, 7. South 61 deg,'51 min. 04 sec. East 142.78 feet, ' B. South 67 deg_ 52 min. 44 sec. East. 167.49 feet, 9. South 73 deg. 20 min. 32 sec_ East 501.35 feet, j 10. South 70 deg,23 min. 39 sec. East 215.43 feet, 11. South 73 deg:28 min. 00 sec. East 227.73 feet, 12. South 71 deg- 06 min. 21 sec. East61.36 feet to a point; RUNNING thence through land of the party of the first part the following ten (10)courses and distances- 1- istances:1. South 18 deg_32 min. 44 sec. West 428.72 feet, 2. North 71 deg.27 min. 16 sec. West 110.00 feet, 3. South 44 deg. 01 min. 27 sec. West 404.16 feet, 4. on a curve to the left having a radius of 170.11 feet a distance of 187.23 feet, 5. North 66 deg. 01 min. 44 sec. West 183.36 feet, 6. on a curve to the left having a radius of 2250.00 feet a distance of 263.01 feet, 7. on a curve to the right having a radius of 900.00 feet a distance of 209.64 feet, B. on a curve to the right having a radius of 40.00 feet a distance of 34.00 feet, 9. on a curve to the left having a radius of 60.00 feet a distance of 203.36 feet, 10. North 84 deg. 52 min. 22 sec. West 164.13 feet to southeasterly corner of land now or formerly Otto Uhl, Jr., et at and the point or place of beginning. CONTAINING and area of 29.5606 acres. i� f:f(�,.. T = ELIZABETH A_NEVI LLE ia Town Hall, 53095 Main Road TOIiN CLERK i P_O. Box 1179 vt Southold, New York 11971 REGISTRAR OF V'ITAI.ST-ATISTICS Fax (516) ;65-1823 MARRIAGE OFFICER ✓ ae --- RECORDS 1VLAN-kGEb1ENT OFFICER Telephone(516) i 65-1800 FREEDOM OF INFORILATION OFFICER '- OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO. CERTIFY THAT THE FOLLOWING RESOLUTION WAS j , ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING " HELD ON MARCH 17, 1999: WHEREAS, it is the policy of the Town of Southold to preserve prime agricultural soils and to protect the scenic,open space character of the Town; and WHEREAS,.the Town of Southold's Master Plan of 1973, amended in 1986 and 1989, has taken the following actions to clearly define, delineate and implement its policy to preserve prime agricultural soils an&to protect the scenic, open space character of the Town, specifically by the adoption of,, 1. Section 272-a of the code of the Town of Southold, for the preservation of prime agricultural soils, the protection of the scenic, open space character of the Town and to preserve the Town's resort and agricultural economy_ 2- Section 59-10 through 59-60 of Local Law No.2-1988 adopted by the Town Board of the Town of Southold on 3-22-88 known as Open Space Preservation legislation, finds that the acquisition of open space in the Town of Southold, if preserved and maintained in their present open state,is in the public interest and a proper purpose of the Town in accordance with the findings and determination of the New York State Legislature, as set forth in Section 247 of the General Municipal Law. 3. Sections 97-10 through 97-33 of the Code of the Town of Southold known as Wetlands, to preserve,protect, and to maintain the Town's wetlands for the protection of its citizens. WHEREAS, Raoul J- Witteveen, residing at 368 Daniels Lane, Sagaponack,New York 11030, is the owner in fee simple of 98.8 acres land situate southerly by the Main Road, easterly by Dam Pond, northerly by Long Island Sound, and westerly by lands of others, in East Marion,New York; further identified as Suffolk County Tax Map Parcel#1000-022.000-03.00- 15.1 and 18.3; and WHEREAS, the soils on Raoul Witteveen's property have been identified by the United . State's Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County. New York as prime agricultural soils of Class I and CIass II quality; and WHEREAS,portions of Raoul J. Witteveen's property contain pristine woodland areas that offer the public scenic vistas of the same; and dopwN C' WHEREAS, significant portions of Raoul J. Witteveen's property include pristine saltwater wetlands and approximately 650 feet of undisturbed pristine frontage on Long Island Sound; and WHEREAS, the Town Board wishes to encourage other methods of open space and q farmland preservation including the voluntary granting of conservation easements by private landowners to private conservation organizations; and ' WHEREAS,Raoul Witteveen has granted a Conservation Easement to the Peconic Land Trust on December 23, 1995,and recorded in the County Clerk's office on December 25, 1995 in Li her 11756 cp 282 which reduced the:density of the Property from 34 to 26 lots and which { Easement was amended on December 12;.1996 and recorded on December 31, 1996 in Liber 11508 cp 661, which further reduced the,density of the Property from 26 lots to not more than 17 '{ lots;and i i WfJEREAS,.Raoul Witteveen has granted a second Conservation Easement to the Peconic Land Trust on December 29, 1997,recorded in the office of the Suffolk County Clerk on Decembgr X.4997,in Liber 11969 cp'975, which further reduces the-density on the Property to i not more'than 10 lots; and NOW,.THEREFORE,BE IT RESOLVED, that the Town Board hereby determines that the Conservatibn.Easements conveyed by Raoul Witteveen to Peconic Land Trust are pursuant to the Towns clearjy delineated public policy to preserve prime agricultural soils and to protect the scenic, cpernspace character of the Town, and that said conveyances will yield a significant public benefit, and; BE IT FURTHER RESOLVED, that the Southold Town Clerk forward a copy of this resolution to Mr_Raoul L Witteveen c%Interpool,Inc. 633 Third Avenue,New York,NY 10017; and to the Peconic Land Trust, P.O. Box 2088, Southampton,New York 11969. Elizabeth A. Neville Southold Town Clerk March 18, 1998 21638 3 /Oak 11936Pi3l i c 34mnlmrofpagu fIMESTATE 95 GEC 30 PH 1: 49 TORRENS DEC 3 0 IM Serial n CLL!u� OF TRMSFER TAX SUFFGLNi COUNTY 'Cenificaten SUFFOLK COUNTY rrinr cicn - 21638 - Deed/Mortgage Instrument Decd/Mortgage Tax Slmop Recording Filing Slamps 4 GFFS Pnge/19ling rm y C hlungaga Ann. _ Ilendling S 1. Dasie Tax _ 'IP-58•t S 2. Addilional'fax _ Notation Snb Talal _ "EA-5217(Cmmly) Sub Total C ._ SI=JAssit. or tA-5217(State) .�� .Spec_/Add. _ Doll 101'.MTG_TAX _ 'Comm_of L•d. 5.00 L� Dual _Decal Cranny a I lead for fur Aplxmim Dun _ Affidavit Transfer Tax ._ Cerium]Copy —S 0 'a S('t9� Mansion Tax Tara property Covcrcd by ods mortgage,is or Iteg_Cnpy Will be improved by a One nr Iwo family Sub Total s--_tb dwelling wily. P V Olhcr / YM_or NO_ GRAND TOTAL f NO I ,see approptiale lax clause un page n ! of this insimmcnt. yS.Y Real Property'rax Service Agency Verificulion �6.1 Tllle Company Infnrmalion Dist. Section Block Lot at�4r 1000 022.00 03.00 028.000 Company Namc )atc�0 1000 022.00 03.00 030.000 Init' Title Number .;N- rF_F PAIDIIY: CHARLES R. CUDDY, ESQ. Caslt_CLeck_Charge_ 445 GRIFFING AVENUE Payer same as &R NAME P.O. BOX 1547 (or if different) RIVERHEAD, NY 11901 Annncss: RECORD&RETURN TO (ADDRESS) ..9 Suffolk County Recording & Endorsement Page Tads page funns part of the alaachul DEED OF CONSERVATION EASEMENT - Inu1c by: (SPFCIFY'rYPF Or,INS-111UMFNI7) . 'Fite premises herein Is situated In NFRE DEVELOPMENT CORP. SUFFOLK COUNf•Y,NEW YORK- TO hl Ole'rownship of Southold PECONIC LAND TRUST, INCORPORATED In the VILLAGE or IIANILGr of East Marion ' DOXE•S 5 TIM 9 MUST DF TYPED OR PRINTED IN DLACK INK ONLY PRIOR TO RECORDING OR FILING. u enr_wek. _ DEED OF CONSERVATTON EASEMENT - THIS DEED OF CONSERVATION EASEMENT,is made on the 30th of December,1998 at Southampton,New York The parties are NFRE Development Corp.,a New York Corporation having its office at 633 Third Avenue,New York NY 10017(herein called the"Granfor l and the PECONIC LAND TRUST,INCORPORATED,anof-for-profit New York Corporation,having a principal officeat 296 Hampton Road,P.O.Boz 1776,Southampton,New York 11969(herein called"Grantee'. INTRODUCTION WHEREAS,Grantor is the owner in fee simple of 6.4 acres of certain real property located in the Town of Southold,Suffolk County,New York and hereinatier referred to as the"Entire Property";and IWIEREAS,the Entire Property is located in the Low Density Residential R-80ZorringDistrict. of the Town of Southold,wliich designation,to the nint possible,is intended to prevent the annecessary loss of thoie cur,coaly open`lands which contain prime agricultural sods as outlined to the Town of Southold code,Section 100-30;and WHEREAS,Granter wishes to grant a Conservation Easement on a 2-6-acre portion of the Eno Property,desm-bed in Sc4icaule A,attached hereto, further identified as SCTM#1000-22-3-U&,29,3and here tafrerrefened to asthe Property"which%i 11 reduce thedensityfrum a3*1dof2single-family residences to zero(0),so�that the Property shall remain in its open,undeveloped,andiscenic state;and WHEREAS,it is th'tapolicy of the To"of Southold,as articulated in the Town's;Master plan of 1973,amendedin M86.hnc0989 as adopted by the Town Board,Town of Southold code,,Section 272-a of the Town It*,to protect environmentally sensitive areas,to protect the scenic,open space character of the Townandtoprotect the Town's resort and agricultural economy,and WHEREAS,the Property has approximately 271 Feet of frontage on Long Island Sound that provides the public with signff cant scenic vistas of woodland,wetlands and shoreline;and WITREAS,the Property,which is located on Long Island Sound in the Town of Southold, r:.1.1 , ;ii,...+ ii.,t r...,i,i bepreserVRd pursuatitto Section 97-1.,O tp97-33oflhe f..,• +i mr it r....i v0r-i.r IT...r. v. Aands,.forthe purpose,ofprotecting;preserving,and mamtainimthe,town's wetlands for the Protection,of its citizens;and WHEREAS,the Property contains designated tidal wetlands that should be preserved pursuant to the New Ynrk Stare Environmental Conservation Law Article 25 and 6NYCRR Part 661;and R'HEREAS.Grantor hal grantedto conservation,emements ort 9838 acres of Vroperty known as "Cove Beach"which is conlib'uous to the Entire Pm ertyberein referred to,which demonstrates that this eonservmion casement is a prt of a larger conservation plan;and WHEREAS,the Town of Southold has passed a Resolution at a regular meeting of the Southold Town Boatilleld on March 17,1998 in support of the protection of the lands known as"Cove Beach"; and WHEREAS,this conservation easement will protect additional acreage in an area already determined to be worthy of public and private conservation efforts;and WHEREAS,the Property in its present scenic,open and woodland condition has substantial and significantvalue as an aesthetic,beachfront,and wetland resource by reason of the fact that it has not been subject to,any extensive development;and WHEREAS,Grantor and Grantee recognize the value and special character of the region in which the Property is Located,and Grantor and Grantee have,in common,the purpose and objective of Protecting and conserving the present state and inherent,tangible and intangible values of the Property as an aesthetic,natural,and scenic resource,and WHEREAS,Granlee,lias determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns,to grant a Conservation Easement to Grantee ht order to restrict the further development of the Property while permitting compatible uses thereof; l NOW THEREFORE: 0.01 Grantor's Warranty Grantor waammand_represents to the Grantee that Grantor is the owner of the Property described in SCHEDULE A,free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Staftu Grantee warrants and represents to Grantor that Grantee is a qualified not-for-profit charitable organization under Section 170(h)(3)of the Internal Revenue Code of 1986,(herein called"the Code"), and incorporated under the Not-For-Profit Corporation Law of New York State forthe purposeof conserving and preserving the unique environmental,agricultural,scenic and open space values of rural lands located in Suffolk County of Long Island. 0.03 Puroose The parties recognize the environmental,scenic,open space,wetland,and woodland values ofthe Property and have the common purpose of preserving these values. This Deed is intended to convey a Conservation Easement on the Property by Grantor to Grantee,exclusively for the purpose of preserving its openi,pace character in perpetuity for its environmental,scenic,and natural values,by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof,in furtherance of federal,New YorkState and local conservation policies. p, 0.04 Government Recognition I New York State has recognized the importance of private efforts to preserve rural land in a scenic,natural and open condition through conservation restrictions by enactment of Environmental 6 Conservation Law,Arficle 49-0301,et seq.and General Municipal Law,Section 247. Similar a recognition by the federal government includes Section 170(h)of the Internal Revenue Code and other federal statutes. 0.05 Grantees Warranty k Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservdtion Easement on the Property,as determined by its Board of Directors,at a duly constituted meeting of that Board on December 14,1998 and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open Ind that should be protected and maintained as open land. 0.06 Documentation Grantee acknowledges by acceptance of this Easement that historical and present uses of the Property are compatible with the purposes of this Easement Grantor has made available to Grantee sufficientdocumentation to establish the condition of the Property at the time of the gift of this Easement. In order to aid in identifying and documenting the present condition of die Property's natural,wildlife, watershed,scenic,woodland and aesthetic resources and otherwise to aid in identifying and documenting [he Property's open spare values as of the date hereof,to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof,Grantee has prepared, with Grantor's full cooperation,an inventory of the Property's relevant features and conditions(the "Baseli¢e;Documentation")-This documentation includes,but is not limited to,an aerial photograph, photographs ofthe Property,a topographical map,a desorption and site plan of existing land uses, features,and structures and an acknowledgment page signed by Grantor and Grantee which verifies that the Baserme Documentation report accurately represents the condition of the Property at the time of the easement, Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's historical and present uses of the Property or its physical condition as of the date hereof,the parties shall not be foreclosed from utilizing any other relevant or material documents,surveys,reports,photographs,or other evidence to assist in the resolution of the controversy. 0.07 Recitation In consideration of the previously recited facts,mutual promises,undertakings and forbearances contained in this Easement,the parties agree upon its provisions,intending to he bound by it- 2 t2 ARTICLE ONE. THE EASEMENT 1.011.01 Tvne This Deed conveys a Conservation Easement(herein called the"Easement"). This Easement shall consist of the covenants,restrictions,rights,terms,and conditions recited in this Deed. Reference to this"Easement"or its"provisions"in the Deed shall include any and all of those covenants,restrictions, rights,terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. The covenants,terms,conditions,restrictions and purposes of this Easement shall run with the Property as an incorporeal interest in the Property,and shall bind the successors and assigns of each of the Parties respectively. This Easement shall extend to and be binding upon Grantor,Grantor's agents, tenants,occupants,heirs,personal representatives,successors and assigns and all other individuals and entitics-,Any rights,obligations,and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents,successors,and assigns,and the word"Grantee'when used herein shall include all of those persons or entities. ARTICLE TWO GIFT GRANTOR hereby voluntarily grants,releases and conveys to Grantee,as an absolute gift,this Easement,in perpetuity,together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity,and undertakes to enforce it against Grantor and all future owners,tenants,occupants,assigns and possessors of said Property. ARTICL TH FE . PROHIBITED ACTS From and atter the date of this Easement,the following acts,uses and practices shall be probibited forever upon or within the Property: 3.01 Structures The construction or placement of residential,commercial,industrial or other buildings,structures, or improvements of any kind or nature(including,but not limited to mobile homes),permanent or temporary,on,over,or under the Property shall be prohibited. 3.02 Excavation and Removal of Materials-Afi ing The excavating or filling of the Property shall be prohibited. Mineral exploitation,and extraction by any method,surface or subsurface,is prohibited. The removal of topsoil,sand,or other materials shall not take place,nor shall the topography of the Property be changed except for purposes of erosion control and soil management,which will require the prior written consent of Grantee,which shall not be unreasonably withheld if the activity does not defeat or derogate from the purposes of this Easement. 3.03 Subdivision The subdivision or partitioning of the Property shall be prohibited without the prior written consent of Grantee,which shall be granted if that subdivision or partition does not defeat or derogate from the purposes of this Easement. 3 4 03 Possession Grantor shall continue to have the right to exclusive possession of the Property- 4.03 Ts Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by.this Easement as well as applicable local, New York State,or federal law which will not defeat or derogate lmm the purposes of this Easement. J 04 Landscaping Activities Grantor shall have the right to continue the historical modes of landscaping,pruning and grounds maintenance on the Property.. Grantor shall have the right to remove or restore trees,shrubs,or other vegetation when diad,diseased,dangerously decayed or damaged,without the prior written consent of Grantee Clearing,cutting and grading within 50 feet of the top edge of the bluff shall be limited to that necessary for proper maintenance and removal of diseased,decayed or dead material and invasive plant - species. Such clearing;cutting and grading shall be subject to the prior written consent of Grantee and review by the Town of Southold to ensure proper maintenance and preservation of the natural holler on Long Island Sound 4.05 Improvements {I A. Allowable Non-Residential Improvements and Structures. Grantor shall have the right to erect and maintain the following non-residential improvements and structures on the Property which are necessary to and consistent with the uses as permitted in Section 4.03 and 4.04 hereof,with the prior written consent of Grantee: (i) Trails,to provide access for landscaping and maintenance as allowed in this easement, are permitted with the prior written consent of Grantee and any regulatory approvals which may be necessary. (ii) Dune fences,specifically to prevent beach erosion,and so long as they are consistent with the uses and the purposes of this easement,are permitted Fences must be placed so that they do not materially block or detract from the scenic view,and may only be constructed with the prior written consent of Grantee and any regulatory approvals, which may be necessary. B. Replacement oflmprovements and Structures Lt-Kind In the event of damage resulting from casualty to an extent which renders repair of any existing structure impractical,erection of a structure of comparable size,bulk,use,and general design to the damaged structure shall be permitted within the same general location subject to the review and written approval of Grantee. - C. Environmental Sensitivity During Construction. The use and location of any improvement and structure permitted hereunder shall be consistent with the conservation purposes intended herein,and construction o£any such improvement or structure shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to insure that storm water runoff will not carry eroded and other deleterious materials into Long Island Sound and the wetland area,including but not limited. to minimal removal pf vegetation. 4.06 Notice Grantor shall notify Grantee,in writing,before taking any action or before exercising any reserved right with respect to the Property which could adversely affect the environmental,scenic,and woodland values which are the subject of this Easement. This includes the construction of any permanent or temporary improvements as provided in Section 4.05 herein. Grantor shall provide Grantee with complete documentation including information on the need for and use of such improvements or structures,and plans for any proposed improvements or structures which are subject to Grantee's approval,whose approval shall not be unreasonably withheld. Such approval,disapproval or comments of Grantee shall be given to Grantor within 45 days after all necessary documentation and information is submitted to Grantee. 5 C Whenever an action by Grantorrequires the approval of Grantee,it is understood Grantor must also obtain any required governmental approvals for the action. 3.07 Alienability Grantor shall have the right to convey all or any part of its remaining interest in the Property but - only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property,including the full name and marling address of any Grantee,and the individual principals thereof,under-any such conveyance_ The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement,without modification or amendment of the terms of this Easement,and shall incorporate this Easement by reference,specifical ly setting for the date, office,lberand page of'the recording hereof The failumof any such instnuneot.to comply with the .prov`isions kereof shall riot,.affect Grantee's rights hereunder_ ARTTCLFFIVE GRANTOR'S OBi.IGATIONS 5.01 Taxes and A srssmen s 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 such payments,Grantee is authorized to make such payments(but shall have no obligation to do so)upon ten 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 two percentage points over the prime rate of interest from time to time charged by Citibank,NA- 5.02 Indemnification Grantorshall indemnify and hold Grantee harmless for any liability,costs,attorneys'.fees, judgments orexpenses to Grantee or any of its officers,employees,agents or independent contractors arising from the physical maintenance or condition of the Property or from any taxes,levies or assessments upon it or resulting from this Easement,all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability,costs,attorneys'fees, judgments,or expenses to Grantee or any of its officers,employees,agents or independent contractors resulting. (a)from injury to persons or damages to property arising from any.activity on the Property, except those due solely to the acts of the Grantee,its officers,employees,agents,or independent contractors,,and(b)from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement,excepting any of those matters arising solely from the acts of Grantee,its officem,employees,agents,or independent contractors. ARTICLES GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times,upon reasonable prior notice to Grantor,and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property,for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld_ Grantee shall not have the right to enter upon the Property for any other purpose,except as pro"ded in Section 6.03,nor to permit access upon the Property by the public 602 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonable deem necessary. However,it is understood and agreed by the parties hereto that Grantor shall not be liable for 6 7 J any changes to the Property resulting from causes beyond the Grantor's control,including,without limitation,fire,flood,storm,and earth movement,or from any prudent action takenrby the Grantor under emergency conditions to prevent,abate,or mitigate significant injury to persons or to the Property resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore,in addition to,and not in limitation of,any other rights of Grantee hereunderat law or in equity,in the event any breach,default or violation of any term,provision, covenantor obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty(30)days notice thereof by Grantee(which notice requirement is expressly waived by Grantor with resQ ct to any such breach,default or violation which,int Grantee's reasonable judgment;requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes ofrtfihis;Easement),Grantee shall,have the right at Grantor's sole cost and expense and at Grardeers election, (i) To institute a suit to enjoin or cure such breach,default or violation by temporary and/or permanent injunction,or (ii) To enter upon the Properly and exercise reasonable efforts to terminate or care such breach,default orviola tion and/or to cause the restoration of that portion of the Property affected by such breach,default or violation to the condition that existed prior thereto,or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirableto ensure compliance with the terms,conditions,covenants, obligations and purposes of this Easement provided,however,that anylfailure,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 anyterq,condition, covenant or obligation under this Easement. In the event that Gr tee prevails in any legal proceeding brought under the provisions of this Section 6.03,Grantor shall pay,either directly or by reimbursement to Grantee,all reasonable attorneys' fees,court costs and other expenses incurred by Grantee(herein called"Legal Expenses.')in connection with any proceedings undeithis Section. 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 falure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or reliefor the use of such other remedy or relief at any other time. 6.05 Assienability Grantee shall have the right to assign any and all of its rights and responsibilities under this Easement,and 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,which is organized or operated primarily or _ substantially for one of the conservation purposes specified in Section 170(h)(4XA)of the code. Any - assignment by Grantee or a successor Grantee must require the Assignee or Assignee's successors to carry out the purposes of this Easement The Assignee and its successors and assigns shall have the same right of assignment,subject to compliance with the provisions of this Section 605. 6.06 Succession If at any lime Grantee or any Assignee is unable to enforce this Easement,or if Grantee or any Assignee ceases to exist or ceases to be a qualified organization under I-R.C.Section 170(h)(3),then this Easement shall be vested in such qualified corporation,body or agency as defined and upon the conditions contained in Section 6.05 as the Grantee shall designate. If,on the occurrence of any of these events,Grantee or any successor or assignee 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,then the rights and responsibilities under this Easement shall become vested in the Town of Southold or if such Town will not accept this Easement,then in another qualified organization,in accordance with a cy pres proceeding brought in any court of competentjurisdiction. 7 C 6.07 Extineuishment This Easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.07,the fair market value of such right and interest shall be'equal to the difference,as of the date hereof,between the fair market value of the Property subject to this Easement and the fair market value nfthe Property if unencumbered hereby(such difference,divided by the fair market value of the Property unencumbered by this Easement is hereinafter referred to as the "Proportionate Sha e'l. In the event a material and potentially unforeseeable change in the conditions surmunding'the Property makes impossible its continued use for the purposes contemplated hereb)% resulting in an extinguishment of this Easement by a judicial proceeding,Grantor shall pay.to Grantee an amount eq=T the Proportiamatc-Share of the fair market value of the Property at such-time. In the event of a sale by Grantor tman unrelated person subsequent to such extinguishment ora transfermadc on - account of the exercise of the power of eminent domain,thesale,price or condemnation award shall establish fair marketvalue_ Absent such a sale,the Property's fair market value shall be established by grdependenrappraisal' [fail or anypnrt ofthe Property is taken under the power of eminent domain by publicporpgrate, or other authority,or otherwise acquired by such authority through a purchase in lieu of a taking 5o as to abmd3te the re6ichons imposed by thus Easement or otherwue effecnvely to ftwtrate the purposes hereof,Graniorlim!firantee shall join in appropria le proceedings at rhe time of lith raking to recoyerthe full calde ofihearinciesls in the property subject to the taking and all mcident3l or direct damages, recmbing from tbe'taldng. All expenses reasonably incurred by the parries to this asrment mcomieetion with such lalring shall be paid our of the recovered proceeds. Grantee shall be entitled to the Propornmfate.Share.of the remaining recovered proceed;. Grantee shill use such proceeds actually- recovered by:it.id a manner eonsistencwith the purposes of ibis Easement Therespeptive rights of Grmloriod Gr3bree set forth in this Section 6.07 shall be in addition to and not in li=: 6on of,20Y rights thpymr1i'Yvanny, law with refect in a modification or termmaoon of this Easement byreawn of changeckonditin us o�r the exemse of powers of eminent domain as aforesaid. ARTTCl FREVEN MISCELF ANFOUS 2,01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall he merged into this Easement and superseded by it 7.02 Amendment This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I_R.C.Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary,to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set Forth herein. This Easement can be terminated or modified only in accordance with the common and statutory ' law of the State of New York applicable to the termination and modification of easements and covenants running with the land_ Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain restrictions contained in this Easement. To this end,Grantee and Grantor shall mutually have the right,in their sole discretion,to agree to amendments to this Easement that are not inconsistent with the pnrposes of this Easement set forth in the Introduction hereof,provided,however, that Grantee shall have no right or power to agree to any amendments hereto that 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,any regulation issued pursuant thereto,or Section 170(h)of the Code governing"qualified conservation contribubons"- 7.03 Several,ility Any provision of this Easement restricting Grantor's activities,which is determined to be invalid or unenforceable by a court shall not be invalidated_ Instead,that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this 8 Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions,which shall remain enforceable and effective. 7.04 Notice All notices required by this Easement must be written. Notices shall be delivered byregistered mail,return receipt requested,or by certified mail,with sufficient prepaid postage affixed and with return receipt requested. Marled notice to Grantor shall be addressed to Grantor's address as recited herein,or to such other address as Grantormay designate by notice in accordance with this Section 7.04. Mailed 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 accordancewith this Section 744_ Notice shall be deemed given and received as of the date of its manual delivery or the date of its marling- ZU Govemine LM . New York Law applicable to deeds and conservation easements pertaining to land located within New York'shall goverthism t.Easeent.in all respects,including validity,construction,interpretation, breach,violatiortand performance_ 7.06 inL=mtation Regardless of any contrarymle of construction,no provision of this Easement shall be construed in favor of oneof the parties because it was dmfted by the other party's attorney. No alleged ambiguity in this Easement shall be conslmed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations,one of which would render that provision invalid,then that provisionsha11 be given such interpretation as would render it valid and be consistent with"purposes of this Easement as intended by Grantor. Any role of strict construction designed to lirm't the breadth of the:restrictions on use of the Property shall not apply in the constructionor interpretatiorgof this Easement,and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by Grantor. The parties intend that this Easement;which is by nature and characterprimarily 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 purposes. 7.077.07 PublicAcres Nothing contained in this Easement grants,nor shall be interpreted to gran%to the public any right to enter upon the Property. 7.08 Warranties The warranties and representation made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of - Suffolk,State of New York. 7.10 Headings The headings,titles and subtitles herein have been inserted solely for convenient reference,and shall be ignored in its construction- 9 I �..` IN WITNESS WHEREOF,Grantor has executed and delivered and Grantee has accepted and received this Deed of Conservatfon Easement on the day and year set forth above" ACKNOWLEDGED AND ACCEPTED: NFRE DEVELOPMENT CORP.(Grantor) BY: Charles Cuddy 0-1 Title ACKNOWLEDGED AND ACCEPTED: -- PECONIC LAND TRUST(Grantee) I BY: U. k!on v.H"Halsey 1 resident STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS! On this JJ`diday of December, 1998,before me personally appeared CHARLES CUDDY,who beingbymedulyswom,saidthathemsidesat tlattituck New York, thatheis Assistant Secretary of NFRE DEVELOPMENT CORP.,the Grantor mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein;and that he signed his name thereto by authority of the Board of Directors of the said Corporation. otary Public ✓ .-..- F]IF'F]�G�;�i- H!t"i i.i f`..- Voter✓F'.er,.-a=:i iCSaY!ifi STATE OF NEWYORK ) - ' t �'aPs>'Cl; a"'U / .. . ?.:Cx..3iJ �#RN- 5d8J1 .$4 T+eG COUNTY OF SUFFOLK ) SS: r- On this j3 day of December, 1998,before me personally appeared JOHN v.H.HALSEY,who being by me duly sworn,said that he resides at 469 Majors Path,Town of Southampton,New York,that he is President of PECONIC LAND TRUST,INCORPORATED,the Grantee mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein;and that he signed his name thereto by authority of the Board of Directors of the said Corporation. IA/anm LaryPublic 5},}e nF Ak4 York Na.otWE 5o6g46G Q.+alii eJ in G.PCvl;, Cdun}y COM1MI$$lary Fvp;edS 6/l4/3dod �i,u6� tUL?SNn FSKE SCHEDULE A: Metes and Bounds Description of the Property 10 SCHEDULE A Metes and Bounds Description Tax Lot 30 All that certain lot,piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York,bounded and described as follows: i BEGINNING at a point on the ordinaryhi gh 405.00 feet easterly along said high water mark from the northeasterlyr mark of cornetrctof land nod, which w point is 1 formerly of Guimaraes and the northwesterly comer of land now or formerly of Cove Beach I{ Estates, Iac_ from said point ofbegintring rung easterly along said high water mark as I measured liy&tie line south 76 degrees 00 minutes east I35 feet; thence.south 5 degrees 28 minutes 00,Peconds west 466.20 feet; thence north 80 degrees 00 minutes west 100 fee- ,thence north'I degree 25minutes.2fteconds east 479.52 feet to the point or place of beginning_ TOGETHER WITH a right-of--way,a minimum of 50 feet wide, within a parcel of land described by metes and bounds as follows: BEGINNING of the southwesterly comer of the premises above described, easterly one course, a distance of 355 feet more or Iess, thence southerly nineteen course, a distance o€3,900 feet more or)ess, tolthe Main Road, Route 25, more particularly described as follows: From the said point oflieginnirg, one course: (1)South. 8,0,degrees 00 minutes, east 355 feet, thence southerly along land of Cove Beach Estates;Ine.and others and along the course of a presently existing paved road nineteen courses: (1) South 11 degrees 26 minutes 00 seconds, east 872 feet more or less (2) South 83 degrees 16 minutes 50 seconds, west 25 feet more or less (3) South 9 degrees 46 minutes 00 seconds, east 202.41 feet (4). South 9 degrees 23 minutes 00 seconds, east 111.57 feet (5) South 72 degrees 29 minutes 10 seconds, east 170.82 feet (6) Sothth 10 degrees29'minutes 50 seconds, east 267.72 feet (7) South 16 degrees 40 minutes 20 seconds, east 70.34 feet (8) South 12 degrees 29 minutes 40 seconds, east 139.02 feet (9) South 11 degrees,l5 minutes 40 seconds, east 91.00 feet (10) South 14:degrees J3lminutes 50 seconds, east 192.50 feet (111) Sodttt I Ldegrees 41 ;minutes 10 seconds, east 180.95 feet (12) South]14 degrees j06"Minutes 30 seconds, east 161.70 feet (13) SouX 19 degrees 39 mn*es 50 seconds, east 1144.43 feet (14) SouthF1'4.,degrees � 5 minutes 50 seconds, east 71.14 feet (15)' SouTi;l4!',degrees 55 mi&utes 00 seconds, east 111.96 feet � 1 Tax Lot .28 All that certain Iot,piece orparcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a,point on the ordinary high water mark of Long Island Sound which point is 135.00 feet easterly along said high water mark from the northeasterly comer of land now or formerly of Guimaraes and the northwesterly comer of land now or formerly of Cove Beach Estates,Inc.,from said point of beginningrunning,easterly along s�iftigh watermark as measured by a tie`line, nort9-76'degree`s 00°minutes edst; 135.00 feet;-thence south Zdegrees 44 minute%s 30 seconds east;496,84 feet; thence south 58 degrees OWmimues west, 100:013feet; thence'north 7'd'egrees ZO#Oweil11secoits,west 50 7:3$ eeiCo bite point iirrce a beginning_ TOGETHER with a right-of-way a minimum of 50 feet wide, within a parcel of land described bymetes and bounds as follows: BEGINNING at the southwesterly corner of the premises above described, easterly three courses,a distance of 555 feet`more or less; thence, southerly nineteen courses, a distance of 3,9d0 feet more or less, to,the Main Road, Route 25, more particularly described as follows: From the s4id point of beginning, three courses: (1) North 58 degrees 00 minutes, east 100 feet; thence (2) North 83 degrees.00 minutes, east.100 feet; thence (3) South 80 degrees 00 minutes, east 355 feet; thence southerly along land now or formerly ofiCove Be ach.Ntates, Inc_, and others and along the course of a presently existing paved road nineteen courses: (1) South 11 degrees 26 minutes 00 seconds, east 872 feet more or less (2) South 83 degrees 16 minutes 50 seconds, west 25 feet more or less (3) South 9 degrees 46 minutes 00 seconds, east 202.41 feet (4) Soufli 9 degrees 23 minutes 00 seconds, east 111.57 feet (5) South 72 degrees 29 minutes 10 seconds, east 170.82 feet (6) South 10 degrees 29 minutes 50 seconds, east 267.72 feet (7) south 16 degrees 40 minutes 20 seconds, east 70.34 feet (8) South 12 degrees 29 minutes 40,seconds, east 139.02 feet (9) South 11 degrees 15 minutes 40 seconds, east 91.00 feet (10) Soul 14.degrees 13 minutes,50 seconds, east 192.50 feet (11) South 1 I.degrees 41 'minutes 10 seconds, east 180.95 feet (I2) South 14 degrees 06 iuinutes 30 seconds, east 161.70 feet (13) Souti 19 degrees 39 minutes 50 seconds, east 144.43 feet (14) South 14 degrees 115 minutes 50 seconds, east 71.14 feet (15) South 14.degrees o� minutes p0 seconds, east 111.96 feet (16) Soutl 12 degrees?(J niinuties 50 'seconds, east 598.78 feet 3 11y:�bfCc�11 �,,� (17) South 13 degrees 54 minutes 20 seconds, east 387.42 feet (18) North 75 degrees 53 minutes 00 seconds, east 23.10 feet (19) South 12 degrees 39 minutes 00 seconds, east 242.90 feet, thence to the northerly side of Main Road, Route 25; rnnnifig thence along the northerly side of said Main Road, one course: (1) North 84 degrees 05 minutes 30 seconds, west 86.53 feet, thence in a northerly direction along lands of Russel, Latham and Terry, twenty-one courses: (1) North 10 degrees 3k1 minutes 00 seconds, west 211.37 feet (2) South 73 degrees 23 minutes 00 seconds west 27.55 feet (3) North 12 degrees 21 minutes 00 seconds,west 402.42 feet (4) South 85 degrees 2t3 minutes 20 seconds,west 52.24,feet (5) North 12 degrees 5.7 minutes 3p=secon4 west 107.40 feet (6) North 14 degrees 50 minutes 40 seconds,west 92,60 feet (7) North 134degtees°03 miautes 20 seconds,west 84.75 feet (8) Norlh?T3idegrees minutes 10,seconds, west 340.95 feet (9) NortIO_21grees11 rriiitnrtes 30 seconds, west 89.30 feet (10) North,l�dr 3��c s 0�mor uic s 20 z econds,west 125.12 feet (11) Nord1h 3 drirl �� minutes u)seconds, west 243.90 feet (12) North3e ;18 L��e> 35 mimics ani seconds, west 365.65 feet (13) Sou+h 'o dcr�ties:r4 m'inuie: ' + ;cconds, west 132.47 feet (14) North,l ItAe_raus Ah m-r,uu:s -1++ rcconds, west 290.10 feet (15) Nonh 11.dc_Zecs43m;nutes21).ieconds, west°113.47 feet (16) Nidrth 11i°depees 3 ruinures 11i tcconds, west 110.05 feet (17) N,d,rth 1 miiuic-5 '+i eeands, west 101.00 feet (18) Nor[h,ll.l d2 csy+ '.a mu-,u+c5 3++ :cOnds,west 88.65 feet Or nUles ( Cconds,west 100.90 feet (20) Nd'rthil r " ill tconds, west 101.34 feet (21) minwes 3++ Cconds,west 68.56 feet to a rock; thence easterly, one course: (1) North 74 degrees 17 minutes 40 seconds, east 97.62 feet; thence northerly one course: (1) North 11 degrees 26 minutes 00 seconds, west 833.61 feet; thence westerly four courses: (1) North 80 degrees 00 minutes, west 287.76 feet (2) South 83 degrees 00 minutes, west 81.45 feet (3) South 58 degrees 00 minutes,west 93.73 feet (4) South 69 degrees 00 minutes, west 113.24 feet; thence northerly, two courses: (1) North 11 degrees 26 minutes 00 seconds,west 50.71 feet (2) North 69 degrees 00 minutes, east 100.00 feet to the point or place of beginning. 4 s� CHARLES R.CUDDY ATTORNEY AT LAT 445 GRIFFING AVENUE RIVERHEAD,NER 1"GRK blal'a =add e : I TEL: (631)369-82A0 P.� Bux 15i: F_AX (631)369-90&7 bRaver6ad,vY"11901 E-mail- cbailea.cuddyCaverizon.net March 10, 2003 Southold Town Planning Board Main Road Southold, New York 11971 Attn: Mark Terry Re-- Cove BeackEstates-Subdivision Dear Mr. Terry: Enclosed is ourcheck payable to the Town of Southold in the sum of$500.00_ This is for the Cove Beach,subdivision. Also, attached is a subdivision map. Please note that we will promptly provide you with additional subdivision maps. Please proceed with your review of this application. Very truly yours, Charles R. Cuddy CRC:i� Enclosulres V 1 MAR 1 i3 Soethold Town planning Board ION PLANNING BOARD MEMBE �$1ifFO(,�e�Gy V BENNETT ORL04VSKI,JR. ��Q Y.O. Box 11-19 Chairman ® Town Hall, 53095 State Route 25 v9 x Southold, New York 11971-0959 RICHARD CAGGLANO Telephone (631) 765-1935 OVILLLA11 J.CREMERS y ® KENNETH L. EDWARDS o`er Fax(631) 765-3136 'IIp! � �� MARTIN SIDOR PLANNING BOARD OFFICE + TOWN OF SOUTHOLD s March 4, 2003 i Mr. George W. Hannnarth I Deputy Regional Permit Administrator New Fork State Department of Environmental Conservation Division of Environmental Permits, Region one Building 40- SUNY, Stony Brook, New York 11970-2356 Re: SEQR Lead Agency Coordination Request for Cove Beach Estates DEC # 1-4738-03150,10001 Dear Mr. Hammarth: The Town of Southold Planning Board would like to become Lead Agency for the above referenced project for the reason stated below: 1. The action lies within the Town of Southold and therefore the majority of impacts are of local concern. 2. The Town of Southold Planning Board is currently processing a lot line application for the proposed action. If you have any further questions please call (631) 765-193 S. Sincerely M Cc: Town Board Greg Yakaboski, Town Attorney Valerie Scopaz, Town Planner New York State Depa - ent of Environmental donsWovation � Division of Environmental Permits, Region One AM Building 40-SUNY, Stony Brook, Now York 11790-2356 Phone: (631)444-0365 • FAX: (631) 444-0360 Website: www.decstate.ny.us Erin M.Crotty Commissioner LEAD AGENCY COORDINATION REQUEST Town of Southold Plamting Board February 3, 2003 Town Hall PO Bos 1179 53095 blain Rd. p Southold, N.Y. 11971-0959 i RE: SEQR.1 Lead;),gency Coordination for Cove Beach Estates Subdivision i DEC# 14738-03150/00001 I Dear Sir/Madame: The purpose of this request is to determine under article 8 of the Environmental Conservation Lars and 6 NYCRR Part 617. State Environmental Quality Review, the following: 1. Your agency's jurisdiction in the action described below. 2. Your agency's interest in acting as lead agency. 3. Issues of concern which your agency believes should be evaluated. Enclosed is a copy of the completed Part 1 of the environmental assessment form, DEC permit application and supporting documents to assist you in responding. Proiect Name: Cove Beach Estates,LLC Subdivision Project Location: North side of Main Road, approximately 1000 feet east of Kayleighs Court, East Marion. SCTM# 1000-22-3-9.1, 18.1. 18.7. 18.8. DEC Project Number: 14738-03150/00001 DEC Permits: Tidal Wetlands. possible Freshwater Wetlands SEOR Classification: Type 1 DEC Contact Person: George Hammarth (631) 444-0371 DEC Position: The Department of Enviromnental Conservation recommends that the Town of Southold or Suffolk County Planning Commission assume lead agency status for this action because the majority of impacts / issues appear to be of local concern. D E0 E FEB _ 5 2003 D Southold Town Pfanniug Hoard v SEQR Lead Aeency Coordination-Cove Beach Estates,LLC Subdivision February 3, 2003 Page 2 J The action is the subdivision of a 104.4 acre parcel with frontage on Long Island Sound and Dam Pond into 12 residential lots ranging in area from 1.65 acres to 9.2 acres and the construction of a cul-de-sac access road. Two parcels of open space measuring 19.3 acres and 41.3 acres, respectively, will also be created. Response: Please respond within 30 days of the date of this letter. We recommend that the Town of Southold or Suffolk County Planning Commission assume lead agency status for this action.If no response is received within 30 days, we will assume that you have no objection to DEC or another agency assuming the role of lead agency, I and have no comments to offer regarding the proposed action at this time. l' Please feel free to contact the undersigned for further information and discussion. i i Sincerely, kGeorge W_ Hammarth Deputy Regional Permit Administrator Enclosures cc: Town of Southold Supervisor's Office 14-16-2 (9/95)—%c 0SEOR Appendix A92E Stale Envlronmenlal QuaFULL ENV1110NMENTAL ASSPurpose: The full EAF is designed tohelp applicants and agenciesther a project or action may be significant.The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expel L in environmental analysis. In addition, many who have knowledge in one particular area may not be ay.,are of the broader concerns affecting (lie question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. i Full EAF Components: the full EAF is comprised of three parts: r Part 1: Provides objective data and information about a given project and its site. I3y identifying basic project data, it assists a reviewer in the analysis that takes place in Partr 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced- Part 3: If any Impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. — DETERMINATION OF SIGNIFICAIdCE—Type -1 and Unlisted Actions Identify the Pur(ions of EAF completed for (his project: ❑ Part 1 ❑ Part 2 []Part 3 � (]poll review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and Importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important innpact(s) arid, therefore, Is one which swill not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ n. Although the project could have a significant effect on the environment, there will riot he a significant effect for this Unlisted Action because the mitigation measures described fn PART 3 have been required, therefore a C014DITIONED negative declaration will he prepared.` ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Flame of Lead Agency Print or Type I-lame of Responsible Officer in Lead Agency Title of Responsible Officer —Signature of Responsible Officer in Lead Agency SlgnatureofPieparer(Ifdifferentfromresponsible officer) Date Y----- ----- -- j PART 1—PROJECT INFOlIMAIION Prepared by Project Sponsor PIOTICE6 This document is designed to assist in determining whether Lite action proposed may have a significant elf on the enviro Iment. Please complete the entire form, Parts A through C'. Answers to these questions will be conside jas part of the application for approval and maybe subject to further verification and public re•;iew_ Provide any additio information you believe will be needed to complete Parts 2 and 3. It is expected that compleron of the full EAF will be dependent on information currently available and will riot love new studies, research or investigation. If information requiring such additional wort: is unavailable, so indicate and spe, each instance- NAME OF ACTION ... -Afap nF- (ova Reach RgI-.,.F LOCATIOr;I OF ACT1011(Include Street Address, Munlclpallly and County) tiYS R6L1_e 25, _East A)ar.1011, Town. of Southold County of SU NAME OF APPLICAIMSPONSOR BUS114ESS TELEPHONE Cove Beach Esta Les, LLC _ t212'1 16- 7 1 ADDRESS c/o Interpool, ILLC. , 633. Third .,kye: , 17th floor ` CITY/PO - STATE ZIP CODE lfeV ToTk I NAME OF OWNER of different) 6USINESS TELEPI 101TEB 7 A}rR µn^t.arf;• r'z,.ak a_['.1��—c." F'� -- f ) 69-°,n ADDRESS PO Box 1,547 CIMPO STATE ZIP CODE- Riverhead "' IIoA1 DESCRIPTION OF A.OTIOn 12-1ot subdivision,ioTr with 2/3 of laird preserved Ihrougli.Conse.rcation Deed. Please Qh Each Complete ComP luesfion—Indicate N.A, if notapplicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Orban []Industrial ❑Commercial ❑Residential (suburban) ❑Rural(iron-f; ❑Forest ❑Agriculture no(ber -tracant - coastal - partia111rT„-o_ ,F� 2. Total acreage of project area: 104.35 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COf.1PLE110 Nl.eadow or B«ahldnd (Mon-aglicultural) _ 20,66 acres 17.74 _ acr( Forested (caQoded) 66,76 acres 58.00 acr. Agricultural (Includes orchards, cropland, pasture, etc.) 0 acres 0acr 7. 12 Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) _ acres Her Water Surface Area _ 0 acres 0 acr Unvegetated (Rock, earth or (Ili) bea.ctt, bl,u F' 9.S1 acres _ 9111 act Roads, buildings and other paved surfaces 0 acres 96 acr Other (Indicate type) lawns anal landscaping 0 acres 7.72 act P1, R.- Plymouth. Loamy sand 3. What is predominant soil types) on project sitel a. Soil drainage: C1Well drained stn 96 of site ,U Moderately well drained 20 % of site ❑Poorly drained .. _ % of site b. If any aglicultural land Is involved, how many acres of soil are classified within soil group-1 through 4 of thr Land Classification System? 44,/.,q _ acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings o prolect sltel ❑Yes 014o a. What Is depth to bedrock? _�1 e —(in feet) 2 g r �eW r S. Approximate percentage of proposed project site testi slopes: X10-1096 ❑101595 a6 tl"1596 or greater %. 6. 15 projeCt sulis[antjally contiguous to. or contain a building, site, or district, listed on Llie State or the Hational Re6isters of lljsloft Places? ❑Yes Of In 7. Is project substantially contguous to a site listed on the Register of National Natural Landmarks? ❑Yes 01,10 fl. What is the deplb of the }eater table? 0-29- tee[) 9. Is site located over a primary, principal, or sole source aquifer? Tlyes ONo 10. Do bunting, fishing or shell fishing opportunities presently exist in the project area? UYes [AHo 11. Does project site contain any species of plant or anirnal life that is identified as threatened or endangered? I ❑y'es 91140 According to -- J Identify each species __-- a ' 12. Are there any unique or unusual [arid forms on thej roect site? p lie., cliffs, dunes, other geological f❑rrna[ions)- Mes Milo Describe —_-- ---.- -13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes ©No If yes, explain -- -- 14. Does the present site include scenic views known to be important to [lie community? Dyes Ot'lo .15. Streams within or contiguous to project area: bone a. Name of Stream and name of River to which it is tributary �— - 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name L. I. Sound, wetlands aC Dam Fond b Size On acres) 17. Is the site served by existing public utilities? BIYes ❑No a) If Yes, does sufficient capacity exist to allow connectionl 10yes Ell to b) If.Yes, will Improvements be necessary to allow connection? 0Y es ONO 10. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Lair, Article 25-AA, Section 303 and 304? Dyes 171 10 19- Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 9 of the ECL, and 6 NYCRR 617? ❑Yes (Atte 20. I las the site ever been used for the disposal of solid or hazardous wastes? ❑'res FJNo B. Pro,ec( Descr(p1(011 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage awned or controlled by project sponsor_66 acres. b. Project acreage to be developed: 38__ acres initially; _ 38 — acres ultimately. c. Project acreage to remain undeveloped _65 acres. d. Length of project, in miles: – (If appropriate) e. If the project is an expansion, indicate percent of expansion Proposed o. L ]dumber of off-street parking spaces existing —_— Proposed ?i - g. Maximum vehicular trips generated per hour _ 5 — (upori completion of project)? It. If residential: Number and type 61 housing units: one Famlly Two Family f5lujtlple Family Condominium Initially _ 12 — — — s Ultimately --- `–i'—� L Dimensions (in (eel} of largest proposed structure 35 r helght; _ 50 NvIdth; 60' length. 87 j. Linear fee[ of hoihtnge along a public tboroughfare project will vccupy Is? _ ft. 8 2. How much natural material ii.e.; rock, earth, etc.) will be removed frorii the site? _ 11/A " tbnslcuhic Yards 1. Will dfs(urLed areas be reclaimed? MYes ❑No ❑Id/A a. If yes, for what intended purpose is the site being reclajmed? To faciiitate Che Proposed imgrovv— b. Will lopsoil be oockpiled for reclamation? ]Yes ❑No me ts" c. Will upper subsoil he stockpiled for reclamation? ]Yes ❑fdO 11.63 j 4. fio.v many acres of vegetation (trees, shrubs, ground covers) v:ill be removed-horn site? _ acres. 91 5. 1Vill any mature forest (over loo year old) or other locally-important vegetation be removed by this project? Dyes Ell to __. 6. If single phase project Art(icipated period of construction ?q months, (including demolition). 7. If multi-phased: I?%A a. Total number of phases anticipated (number). 1 b. Anticipated date of commencement phase -1 _ month year, (including demolition). c. Approximate completion date of final phase month _ year. d. Is phase 1 functionally dependent on subsequent phases? El Yes ❑IJo 8. Will blasting occur during construction? Dyes DI'lo 9. flwnber-of jobs generated: during construction _— IO ; after project is complete _0 " p - 10. Number of jobs eliminated by this project 1 "1-I. Will project require relocation of any projects or facilidesi Dyes AHo If yes, explain i i 12. Is surface liquid waste disposal involved? Dyes K11•16 a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. flame of water body into which effluent will be discharged "13. Is subsurface liquid waste disposal involved? dies ❑h10 Type Sanitary 1•t,. Will surface area of an existing water body increase or decrease by proposal? ❑Yes 'Mrio Explain 15. Is project or any portion of project located in a 100 year flood plain? [AWES ❑f10 16. Will the project generate solid waste[ 1pYes ❑No a. If }yes, what is the amount3. 96 per month tons b. If yes, will au existing solid waste facility be used? `Myes ❑IJo c- If yes, give name Southold TrangfPr_qt t�^u ; location Cutchogue d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? €?7yes ONO e. If Yes, explain Materials rpmwpri from "- W--a-6es-t�e-aM ._t_ —ro-�—i=—us'e—andfoZ—F c_ c rag 17. Will the project involve the disposal of solid waste? ❑yes ONO a. If yes, what is the anticipated rate of disposal? Idre1 tonsjnaonth. b. If yes, what is the anticipated site life? _ Ili9 years. 18. Will project use herbicides or pesticides? Dyes ❑l,lo i.e. lawn care 19. Will project routinely produce odors (more than one hour per day)? ❑Yes 1511-40 20. Will project produce Operating noise exceeding the local ambient, noise levels? ❑Yes IRNo 21. Will project result in an increase in energy use? F7Yes ❑No If yes , indicate type(s) elec.t[ical 22. If water supply is from we11s, indicate pumping capacity.. 5 _ gallonsfminute. 23. Total anticipated water usage per day 3,600 _ gallons/clay. 24. Does project involve Local, State or Federal funding? Dyes Ell o If Yes, explain 4 D 25. Approvals Required: Sub ntillal TI-pe Dale Cit), Tov+n, Village Beard ❑ 1I'S ❑l'fo City, forvn, Village Planning Board b'es- Dr to Town Pl.anriing Board Cil), lo-,vii Zoning f3aard Dyes ONO _ City, County Health Department ? Yes L7fJo —Sub U-4€ Other Local Agencies ❑Yes 01 to Other Regional Agencies ❑Yes ❑t'(o t `[ate Agencies ❑Yes ONO Iederal Agencies pies ❑No a C. Zoning and Planning Inforinalion I 1 . Does proposed action involve a planning or zoning decision? %RYES ❑Ito If Yes, indicate decision required- ❑zoning amendment ❑zoning vaiiance ❑special use permit X[i?7subdivision ❑site plan Il ❑nets/revision of master plan ❑resource management plan Oother 2. What is the zoning classificatiou(s)of the site? _ F_$0 3. What is the maximurn potential development of the site if developed as permftted by the present zoning? _ 2 Cre raGlden.1131_ci L " ".Wha( is the proposed zoning of.the site? same____ 5- ?What is the niaxinlum potential development of [he site it developed as permitted by the proposed zoning? same 6. Is the proposed action consistent with the recommended uses in adopted local land use plansl -Mes ❑No 7. What are the predominant land uses) and roving classifications within a Y, mile radius of proposed action? resident:iaL B. Is the proposed action compatible with adjoining/surrounding land uses within a b; rifle? XVIYes ❑IJo 9. If rhe proposed action is the subdivision of land; how many lots are proposed? -1-2--- 30 230 000 sq., Yt, 'a. What is the minimwn lot size proposed? _ 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes J0,1 to 'I1 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? -FlYes Clldo - a. If yes, is existing capacity sufficient to handle projected demand? ]ares 17-1190 "12. Will the proposed action result fn the generation of traffic significantly above present levels? ❑Yes B)No a. If yes, is the existing road netvroik adequate to handle [lie additional traffic! ❑Yes ❑NG D. Informational betails Attach aup additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to (he best of my knowledge. Applicant/Spofasor Haine c'OVf' CD C7C?-If=S t{PS _L L..C. _ Date ='t_f_319? Signature r%�1:?. Title ^j-- �tJ✓ LLtii7-rr'!�' c'3^'�C" If rhe 2cli0F1 l i the Coastal Area, and you are a stale agency, complete the Coastal Assessment roan before proceeding with this aasesslneaf. 5 _- ED N P fir, 1 — tn. C 340000 FEET , 1 / !!/ Pllept� —'JE. Terq /o c� (N.Y.) j, Shoall - ..t//,�, ^ 1l p s p p ^a5B 'I-nO Prr0�4cr� L 'roc t� IL7Y1 eM 1 . f 1 PY '• ` Q _ 7 cFWm I i 1 ! Y 4557 I )� 1 ` -- �} 2. 1 + Dar�x /l -ems J' Yajht Chuff_ 9?'! lPond(( `' :. OATE'NT Ir \ \1 HAJ'E012 Jo Ll IV / 0" ` � _ t\}k'aS\� \h 4558 / ✓"7 /� �+ ,a'^� , \:zrv, `:� �A.-s'),: ~\\`\ 7, i . +, If-0713011 72"22/30° =450000 FEET UV.Y.1 1722 20/ '724 1725 i(GREENPORT) 1726 ORF_ENPORT 'TOW IJ HALL) 2.4 Ml. 6565 111 NE on Mapped, edited, and published bV the Geological Survey RIVERHEAD 24 All. �,°� Control by USC&GS SCALE 1.24000 t5C6yh` Tocography from aerial phoi0graphs by photogrammetrlc methods * - � 0 Aerial ohotographs taken 1954. Field check 1956 1000 2000 3000 4000 501 GH Hydrography compiled from USC&GS charts 363 (1956) \ 5 0 and 1212 (1956) 13' \ Polyr"onic projection. 1927 North American datum z31 MILS' 1.46' 1Ir�,_ ® v 10,000-foot grids based on New York coordinate system, 31 MILS CONTOUR, INTERVAL '10 FEET `Ii DOTTED LINE` REPREENT 5-FOOT CONTCU Long Island zone, and Connecticut coordinate system `I ATIONAL GEODETIC VERTICAL DATUM OF 1,000-meter Universal Transverse Mercator grid tick., \VV FEB _ 520 .DE +nL; AND SOUNDING' IT FEET-DaTUM Is 14E zone 1E, shown In blue UTM GRID AND 1956 MAGNET L 51 ORELn -HD%VN FFPRSEPo4 THE APPROMMATE LINE OF H1 DECLINATION AT CENTER Cr HEET THE MEAN RANGE U°TIDE 6 APPEOXIMATELY 3.4 ! Fine red dashed plots graphs. selected fence and field eck S MA COMPLIES WITH NATIONAL MAP ACCURA visible on aerial photographs. This Information is unchecked Sauthald Town FOR SALE BY U.S.GEOLOGICAL SURVEY, RESTON, Map photoinspedted 1976 Planning Bo r ING TOPOGRAPHIC MAPS AND SYMBOLS IS / 110 major culture of drainage Changes observed JOINT APPLICATIPt, 'AM QniYork State FOR PERMIT ed States Army Corps of Engineers %it �Pprclt I,,. v,d P'Frw me'Doa—I;Jaci 0 lie U1 1 Pig V.read all „cu- .4111. 11 q Li 1.Check permits applied ior: 2.Name at Applicant (Use full name) Telephone Number falB,tirri Cade B.each Estates, LLC (212 916-3261 NYS Dept.of Environmental Conservation Stream Disturbance(Bed and 1.Banks) Mailing 9 Address ❑ Navigable Waters;(Excavation and Fill) c/o In%EE�211. Inc. 633 Third Avenue, 17th Floor F1 Docks,Moorings orPlatforms. . State . I ';Ip Code (Construct or Pla.-) Neta York, NY 10017 Dame and impoundment Structures .3.tax Pyau ID I applicantlanotan I individual) (Construct,Reccmstnuct or Repair) E-1 Freshwater Wetlands 13-414i836 Tidal Wetlands A.Applicant Is alan: (check as many�as apply) Coastal Erosion Control K]Owner E]Operator []Lessee ❑Municipality i Governmental Agency Wild,Scenic and Racreational Rivers S.If applicant Is not the Owner,klanflty Owner here- otherwise,:you may provideApht(Contact Person information- - d01 fAgentrCantactPe E30wner El AgerfUComlactpe 6n- Tele hone❑ 401 Water Quality Gasification Number (daytime) Potable Water Supply Young & Young Attn: Thomas C. Wolpert, P.E. (631) 727-2303 ❑ Long IsFand Wells MpIliq - Address 46V Ostrander Avenue ❑ Aquatic Vegetation Control Post.'amcie State Zip Code 0 Aquatic Insect Control Riverhead, 11901 El Fish Control 6.Pnil-actl Facility Location (mark location on map, see instruction Ia.) NYS Office of General Services County: Town/CityNillage Tax Map Sectiord Block /Lot Number. (State Owned Lands Under Water) Sfffolk, ElEet Marion, T/O S3ill-lold 10(0—�)�-3-K)J, P,,O 18.1, 18.7 & 18.8 Lease,License,Easement of Ltickion lincluding Street or Road) Telephone Number (daytime) other Real Properly Interest Main Road (S.R. 25) (212) 916-3261 UlJl.ty Easement(pipelines,conduits, . . . . I cables, etc) Post Office State JZip Code 17.Name of Stream or Waterbody (on or near project site) ❑ Docks,Moorings or Platforms East Marion NY I 71939 , Long Island Sound & Dam Pond (Construct or Place) . I 8.Name of USGS Quad Map: Location Coordinates: Adirondack Park Agency E=2,458,300 N=335,900 El Freshwater Wetlands Permit orient ..NYTIvI-E NYFM-N 4 EJ Wild,Scenic and Recreational Rivers 9.Project Description and Purpose:(Category of Activity e.g.new constructionlinstallaillen,maintenance or replacement; Type OF Structure or Activity e.g.bulkhead,dredging,filling,darn,deck,taking of water. Type of Materials and Quantities; Stmicture and Work Area Dimensions;Need or Purpose Served) Lake George Park Commission Subdivision 12 Lts 0 Docks(Construct or Place) __Realty_------- ------------------ - _ o --- ... ................... ..... ............ ... ❑ Moorings(Establish) ---------------------- --- -- --- ----- ---------------- ------- ------------ ----- --- US Army Corps of Engineers ❑ Section 404(Waters of the United States) Section 10(Rivers and Harbors Act) -----------I------------- ------ -- ----- D -- -- ----- -- --------- C] Nationwide Permit (a) ___¢€_B_ 2003 Identity Niurbal(l ----------- ------ --- ------ ------ ------- -- ------ For Agency We Only: DEC; APPLICATION NUMBER I 1 ---- --- --------- ----- -- -W3S-0315Vloo ------ --- -- -- ------ ----- ----- Southold Town ng Board US ARMY CORPS OF ENGINEERS 110.1croposed Use: 11.Will Project Occupy 112.Proposed StaCompletion El 0 State Land?Ej ®I Date Date Private Public Commercial I Yes No iir�i 1 2, Z 31 2003 14.Has Work Begun on Project? (if yes, attach L] E] ii 1 15.List Previous Permit I Application Numbers Dates: (I(Any) explanation of why work was started without Y.-- No 1 10-84-0701 16. Will this Project Require Additional Z] [_ If Yes. To47n of Southold PlanningBoard Federal, State,or Local Permits? Yes No Please List: Suffolk Count V Dept: of ealth Services 17- If applicant is not the owner,both must sign the application I hereby affirm that information provided on this form and all attachments submitted herewith is Ima to the cast of my knowledge and belief. False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law. Further,life applicant accepts full responsibility for all damage,direct or indirect, of whatever nature and by whomever suffered,arising out of the project described herein and agrees to indemnify and save harmless the State from suits,actions, damages and costs of every name and description resulting from said project In addition,Federal Law,is U.S.C.,SacHcn 1001 provides for a fine of not more than $10.000 or imprisonment for not more than 5 years,or both where an appli nowingly rid illingly falsiffas,conceals,or covers up a material fact;or kn "Rea, or uses a ta)sa ii licious or fraudulent statement. -,-D Date /MM)Signature of Applica :4 1jille 1 Date Ti -7- tle Professional Engineer —�11/06/03 Signature of Owner's ACIent If,14 Os�FF04�, ' f PLANNING BOARD MEMBERS P.O.Box 1179 .BENNETT ORLOWSKI,JR _ y` Town Hall, 53095 State Route 25 Chairman o Southold, New York 11971-0959 y Telephone (631) 765-1938 RICHARD C9GGIANO P • Fax C631) 765-3136 WILLLAMJ. CREMERS KENNETH L.EDWARDS NLkRTIN SIDOR PLANNING BOARD OI f rl f�C.� i TOWN OF SOUTHOL %� (� f3 I DEVELOPMENT RIGHTS Mr. James Richter j Office of the Town Engineer — --- -- - Town of Southold P.O. Box 1179 Southold, NY 11971-0959 i Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review: Application Name: Cove Beach Estates Tax Map Number: 1000-22-3-9.1 &18.7 & 18.8 Street Location: North of Main Road Hamlet Location: East Marion Type of Application: Sketch Subdivision Map (Dated: 1 Preliminary Subdivision Map (Dated: ) Final Subdivision Map (Dated: ) Road Profiles (Dated: ) Grading and Drainage Plans (Dated: ) Other (Dated: ) Sketch Site Plan (Dated: 1 Preliminary Site Plan (Dated: 1 Grading and Drainage Plans (Dated: ) f l�� W , BOND ESTIMATE (Dated: 3/26/02 Comments: i New submissions with your recommended changes. Contact Person: Mark Terry i i CHARLES R.CUDDY Af i ATTORNEY AT LAT 445 GRIFFING AVENUE RIVERHEAD,NET ORK Flailing yddress: TFL: 1631j369-871](1 j P.O. Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: cicules.cuddy(a verizon.nct 0 i E i R -. July 23, 2002 Mark Terry Environmental Planner JUL 9 6 2002 Planning Department Town of Southold Main Road southold Town Southold, NY 11971 pig Board Re: Cove Beach Estates Subdivision Dear Mr. Terry: Enclosed is the construction cost estimate for the road to the Cove Beach subdivision. This was prepared by Young&Young under date of March 26, 2002. Please include this with the application submitted for both the lot line change and amending the final subdivision approval. Very truly yours, Charles R. Cuddy Enc. CRC:cg 07/23/2002 13:01 63174W90144 YOUNG YOUNG, PAGE G2� YOUNG &YOUNG Telephone(631) 727-2303 § 400 Ostrander AvenueCOPY Facanuk(631) 727-014-2Riverhead, Nein York I2901 adminOyoungengineenng.conz HOVW:3RD W. YOUNU-, Land Surveyor THOhfA5 C. WOLPERT, P rojissional Engineer ROBERT C TAST, Arch&ct I March 26, 2002 Charles R. Cuddy, Esq. I 445 Griffng Avenue P.O. Box '1547 Riverhead, New York 11901 i i RE: COVE BEACH ESTATES At East Marion, T/O Southold, New York (98-0843) Dear Mr. Cuddy: Enclosed is our Construction Cost Estimate dated March 26, 2002, for your use. Very( truly yours, Thomas C. Wolpert, P.E. TCWet) Encl. cc: Mr. Enzo Morabito + Encl, P1annaig Engineering I�nd Surveying Arrhitech re 07/23/2002 13:01 G317W44 YOUNG YOUNG PAGE 03 r I 99 March 26, 2002 'I- j CONSTRUCTION COST ESTIMATE i Prepared for Cove Beach Estates at East Marion, T/O Southold, New York 1 ' Item Item Description ON. & Unit Unit Price Total 1 Clearing & Grubbing 5.4 Acres $2,500.00 $13,500.00 2 Rough Grading / Uncl. Excavation 0,900 C.Y. $2.00 $17,800.00 3 Belgian Block Curb 440 L.F. $10.00 $4,400.00 j 4 Fine Grading 11,200 S-Y. $1.50 $16,800.00 5 Gatch Basin 22 Each $2,000.00 $44,000.00 6 Drng. Manhole w/ Solid Cover to Grade 6 Each $1,500.00 $9;000.00 7 Leaching pool -8' Dia. 161 V.F. $250.00 $40,250.00 8 Drainage Pipe -24" Dia. 100 L.F. $30.00 $3,000.DD 9 Drainage Pipe - 18" Dia. 3.423 L.F. $25.00 $a5,575.00 10 Draiange Pipe- 16" Dia. 170 L.F. $20.00 $3;400,001 11 Pipe End Sect - 24" 1 Each $500.00 $500.00 12 3W' Stone Blend or RCA Base 950 C.Y. $30.00 $254500.00 13 Asphalt Binder Course - 2 1/2" 985 Tons $60.00 $54.1()0-00 14 Asphalt UVe'aring Course- 1 1/2" 710 Tons $60-00 $44600.00 15 Concrete,Driveway Apron 100 S.Y. $25.00 $2,500.00 16 Street Light 3 Each $2,000.00 $6,000.00 17 Concrete Survey Monuments 25 Each $100.00 $2,500.00 1B Topsoil &Seed 13,980 S.Y. $2.00 $27,960.00 19 Street Sign 4 Each $200.00 $900.00 20 Fire Well 2 Each $15,000.00 $30,MUD 21 Maint. &'Protection of Traffic Lump Sum Lump Sum $3,000.00 Sub-Total = $441,1-85.00 + 6 % Administration Fee = $26,471.10 TOTAL = $467,656.10 CHARLES RL CUDDY ATTORNEY kT LAT 415 GRIFFINGAVENUE RI\7ERREAD,NEW YORK TEL: (631)369-8-MC) PO.Box 1517 FVC: 16311369-9080 Pivrhead,NY 11901 E-mail: cl�arles:cudd�-(_[tyeii-ron.neC July 23, 2002 UW 0 Mark Terry M JU2 6 Environmental Planner L 902 Planning Department Town of Southold Main Road Southold Town Southold, NY 11971 Re: Cove Beach Estates Subdivision Dear Mr. Terry: Enclosed is the construction cost estimate for the road to the Cove Beach subdivision. This was prepared by Young& Young under date of March 26, 2002. Please include this with the application submitted for both the lot line change and amending the final subdivision approval. Very truly yours, Charles R. Cuddy Enc. CRC:cg 13: 01 6317270144 90DNG YOUNG PAGE 02 y YOUNG &YOUNG Telephone(631) 727-2303 400 Ostrander Avenue copy admiFacsimile(637) 71 013Riverhead, Nein York I190I n0joungengineering.rnm HOWARD W. YOUNG, Land Surveyor THOMAS C. WOLPERT, ,Professional Engineer RDBERT C TASr Architect March 26, 2002 i Charles R. Cuddy, Esq. 445 Griffing Avenue P.O. Box 1547 j Riverhead, New York 11901 9 i RE: COVE BEACH ESTATES At East Marion, T/O Southold, New York (98-0843) J Dear Mr. Cuddy: i Enclosed is our Construction Cost Estimate dated March 26, 2002, for your use. Very truly yours,, Thomas C. Wolpert, P.E. TCW sjt Encl. CC: Mr. Enzo Morabito + Encl, Planning Engineering Land Surveying Architecture 0r _di< b1 id:ni 6317270144 YOUNG YOUNG m¢PAGE 03 March 26, 2002 ! CONSTRUCTION COST ESTIMATE Prepared for Cove.Beach Estates j at East Marion, T/O Southold, New York VIII { Ifem Item Description Qtv. & Unit Unit Price Total 1 Clearing & Grubbing 5.4 Acres $2,500.00 $13,500.00 q 2 Rough Grading / Uncl- Excavation 8,900 C.Y. $2.00 $17,800.00 8 3 Belgian Block Curls 440 L.F. $10.00 $4,400.00 4 Fine.Grading 11,200 S-Y. $1.50 $16,800.00 5 Catch Basin 22 Each $2,000.00 $44,000.00 6 Dmg. Manhole w/ Solid Cover to Grade 6 Each $1,500.00 $9,000.00 i 7 Leaching Pool -B' Dia_ 161 V.F- $250.00 $40,250.00 ` 8 Drainage Pipe-24" Dia. 100 L.F. $30.00 $3,000-00 9 ' Drainage Pipe- 18" Dia. 3,423 L.F. $25.00 $85,57-5.00 10 Draia' ge Pipe - 15" Dia- 170 L.F. $20.00 $3,400.00 11 Pipe;End Sect. - 24" 1 Each $500.00 $500.00 12 3/4" Stone Blend or RCA Base 950 C.Y. $30.00 $28,500.00 13 Asph6It Binder Course -2 1/2" 985 Tons $60.00 $59,100-00 14 Asphalt Wearing Course - 1 1/2" 710 Tans $60.00 $42,600,00 15 Concrete Driveway Apron 100 S.Y. $25.00 $2,500.00 16 Strew Light 3 Each $2,00.0.00 $6,000.00 17 Concrete Survey Monuments 25 Each $100.00 $2,500.00 18 Topsoil & Seed 13,980 S.Y. $2-.00 $27;300.00 19 Street Sign 4 Each $200:00 $s300.0o 20 Fire Walt 2 Each $15,000.00 $30;000-00 21 SMainh & Protection of Traffic Lump Sum Lump Sum $3,000.00 Sub-Total= $441,135-00 + 6 %Administration Fee = $26,471.10 TOTAL= $467,688.10 CHARLES R.CUDDY ATTOR\'ET AT L AT 445 GRiFFINGAVENUE RIVERHEkRNER PORK TEL: (631)369-8200 J RO.Bos 1541 FAX: (631)369-9080 Ri�xernwd,NNY 11901 E-mail: crcuddvC eartUinle_net 1 �y i June 7. 2002 ii d i I Planning Board Southold Town Town Hall Main Road Southold, NY 11971 - :e'•!- Re ove Beach Estates ,RaVid J itte"veciv- To Members of the Planning Board: A number of weeks ago we submitted map revisions in connection with the Cove Beach subdivisions. Please advise when this matter will be considered by the Planning Board. Very truly yours, l c( Charles R Cuddy i CRC:cg } `Jx¢ E; JUN.-I 0 iWul CHARLES R.CUDDY ATTORNEY AT LAT 445GRIFFING VENUE RIVERHE.YD,NER YORK -taLI A, ddr -. TEL: (60'1)369-8290 P.O.Box 1547 EVX: (631)369-9080 Ricerlxead,NI 11901 E-mail: crcuddyC'eartWink.net April 26, 2002 Hand Delivered ' Mark Terry Southold Town Planning ' R§ Southold Town Hall Main Road Southold, NY 11971 Re: Amended Final Subdivision - Cove Beach Estates, LLC SaftId Town SCTM#1000-22-3-9.1,18.1, 18.7, 18-8 Fhp!ftBGB� Dear Mr. Terry: In connection with this amended final subdivision application, we enclose the following: 9 I. Authorization Letter from applicant to agent ¢ � 2. Long Environmental Assessment Form 3. Disclosure Affidavit y� 4. Subdivision application form Copies of maps of this subdivision were previously submitted to and reviewed by the Planning Board. Please place this matter on your agenda, so that it may be discussed and the application acted upon. Very truly yours, Charles R_ Cuddy JI Enclosures CRC:cg PLANNING BOARD MEMBERS ®G BENNETT ORLO�['SKI,JR. p.0.Bok 1179 x H`Z® ' ` �f. Chairman ® Town Hall, 53095 State Route 25 'VtiTLLLAAI J.CREbrERS CIO f'= Southold, New York 11971-0959 KENNETH L.ElYWARDS O ®_ '� Telephone (631) 765-1938 GEORGE RITCHIE LATH-"ll1I,JR. Fax(631) 765-3136 B. RICHAD CAGGL4N0 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 27, 2002 Mr_ Enzo Morabito C/O Dunemere Associates 60 Windmill Lane Southampton, N.Y. 11968 Re: Cove Beach Estates SCTM#22-3-183 Dear Mr.Morabito: As you are aware the Southold Town Planning Board reviewed the revised Cove Beach Estates sketch plan during the February 25, 2002 work session. To simplify the process, Ms. Valerie Scopaz, Town Planner issued a letter dated October 30, 2001 outlining the necessary steps to amend the application. The letter is enclosed for your perusal. Upon receipt of the items outlined in Ms. Scopaz's letter, a formal review will proceed. Please do not hesitate to call me at 765-1938 extension 243 with any questions. Sincerely, y ParTek Terry SeniorEnvnment la Enclosure E l ya VALERIE SCOPAZ,AICPG -� Telephone (631).765-1938 TOWN PI.ANNER y � Fax (631) 165-3136 I$ yC Valerie.Scopaz&own.couthold.ny.us P.O. Box 11^9 Town Hall, 53095 blain Road �al Southold, New York 11971-0959 OFFICE OF TIIE TOWN PLANNER By Facsimile 8 U.S. Mail TOWN OF SOUTHOLD October 30, 2001 Mr: Enzo Morabito c/o Dunemere Associates 60 Windmill Lane Southampton, NY 11968 Re: Cove Beach Estates Dear Mr. Morabito: In response to your facsimile of October 10�h, I met with Tim Caufield of the Peconic Land Trust and the Planning Board to discuss how to proceed with your client's application. Based on the information supplied in the facsimile you sent (a copy of which is attached), you need to do the following: 1. Submit a lot line change application and maps in order to move the road and cul- G,2.. de-sac onto the former Uhl property. (The maps must follow proper lot line ✓ format.) 2. Submit a complete amended final application package and maps for Cove Beach incorporating the land obtained through the lot line change. 3. Submit revised bond estimates for the proposed road. a^ ` Further, you must make a formal request to the Peconic Land Trust requesting the amendments and obtain formal approval, in writing, from the Peconic Land Trust with respect to the following: 1. The amendment swapping 5.7 acres for the two new 1.5 acre lots. 2. The lot line adjustment for Lot #10. 3. Any other amendments to the easement that may be required in the re-location of the cul-de-sac. i Morabito/Cove Beach Estates — Page Two — October 30, 2001 Enclosed you will find application packets and environmental review forms. The fee schedule is included. Updated approvals from the Suffolk County Department of Health Services will be required along with a New York State curb cut and the Board of Trustees. Please note that the revised plats should show a 1 00' setback from all wetlands. Finally, because the Uhl subdivision plat is a filed plat, you also will hava to file an amendment to a filed map with the Suffolk County Clerk's Office. I suggest you contact the County Clerk to obtain the application forms. Please contact my office with any questions regarding this matter. Very truly yours, Valerie Scopaz, AICP Town Planner VS:ck Cc: Tim Caufield, Peconic Land Trust Raoul Witteveen Charles Cuddy, Esq- Encl. 4 VALERIE SCOPAZ,AICP y� - Telephone (631) 765-1938 TOWN PLANNER c � Fax(631) 765-3136 O P.O.Box 1179 Valerie.ScopazCa town.southold.ny.us �' �� Town Hall, 53095 Main Road i Southold, New York 11971-0959 OFFICE OF THE TOWN PLANNER By Facsimile & U,S. Mail TOWN OF SOUTHOLD October 30, 2001 Mr. Enzo Morabito cfo Dunemere Associates j 60 Windmill Lane Southampton, NY 11968 Re: Cove Beach Estates t� Dear Mr. Morabito: In response to your facsimile of October 10th, I met with Tim Caufield of the Peconic f Land Trust and the Planning Board to discuss how to proceed with your client's application. Based on the information supplied in the facsimile you sent (a copy of which is attached), you need to do the following: 1. Submit a lot line change application and maps in order to move the road and cul- de-sac onto the former Uhl property. (The maps must follow proper lot line format.) 2. Submit a complete amended final application package and maps for Cove Beach incorporating the land obtained through the lot line change. 3. Submit revised bond estimates for the proposed road. Further, you must make a formal request to the Peconic Land Trust requesting the amendments and obtain formal approval, in writing, from the Peconic Land Trust with respect to the following: 1. The amendment swapping 5.7 acres for the two new 1.5 acre lots. 2. The lot line adjustment for Lot#10. 3. Any other amendments to the easement that may be required in the re-location of the cul-de-sac. w Morabito/Cove Beach Estates — Page Two — October 30, 2001 Enclosed you will find application packets and environmental review forms. The fee schedule is included. Updated approvals from the Suffolk County Department of Health Services will be required along with a New York State curb cut and the Board of Trustees. Please note that the revised plats should show a 1 00' setback from all wetlands. Finally, because the Uhl subdivision plat is a filed plat, you also will have to file an amendment to a filed map with the Suffolk County Clerk's Office.'l suggest you contact the County Clerk to obtain the application forms. a i Please contact my office with any questions regarding this matter. Very truly yours, Valerie Scopaz, AICP Town Planner VS:ck Cc: Tim Caufield, Peconic Land Trust Raoul Witteveen Charles Cuddy, Esq. Encl. I T-441 P_O11UF F-Sal 10-10-01 05:5M prom-DURE ASSOC p! !fes _T of WDUNEMERE ASSOCIATES a'1f /4,0 P� REAL ESTATE 1 FAX COVER PAGE Oje, 5 Q �11 DATE. I D b o ` o c 4 PAGES TO FOLLOW: 11� ' p TO: _ yo0.i Q, v-,I SCP GZ - I FAX #: 7,t(5-3f3� I FROM: ENZO MORABITO l(o (631) 297-4900 EXT. 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V " 3 > p e "' we T v ,�ti " p"•i q. /• ��p aei j J:� 4 0 I R �M fi p Y 4.tb S LL ry rA�• ig73,� - T b R �_ � a ` ]]7j• 2� y y o d [ 0161 M(AL N61 C m r NN : 4.00Q�Ai� $q`� ., ...-.. .. a ti �E tr f F k 3 r)) r b y we eA;fN'h. 1 - I � S[Ktt 1 OF A �yy f S�• \ 1 � r lry _ wt - LL- lti 9E O G Q b T' • S V L7 u/, .r i l.." sT xxa.xx �2?7�• S 7esa7s- .� SOUNE "7! ` erzp I 5Q• q � 7 ao. ✓ � 3 �. i e9 rau a ' � _ 1� _ E 3zt,�v' � � s k' SHEET 3 OF • RAI?,E?a , ' a A x ,yh WAf, �� fr - R7 pF a� .SAY v ^ : QTSR a ` - 4"I rA AF AS,AFS �mi°E `` w �� !r V t,, gBQH y ` rn .y v �'G.SRF'5 t 5` er a Ar e JA NH rrkb. 1 i` r'� ��._� E � e, ■`� a 1 ■f`� V x • le ' 7 J wEmARns V� IJJan � � �� I � �•e fp OPM SPACE wt J 1r c.M r914 * V 'boa PLANNING BOARD MEMBERSgOFFO(,�. BENNBTT ORLOWSKI,JR. Town Hall 69096 State Chairman yJ� P.O.Box 1179 Southold,New York 11 WILLIAM J.CREMERS Telephone(631) 761 KENNETH L.EDWARDS Fax(631}.766-3: GEORGE RITCTUR.LATHAM,JR. RICHARD OAGGIANO y'1101 PLANNING BOARD OFFICE TOWN OF SOUTHOLD. Sample authorization letters: 1. I Joseph Smith'owner of the property at SCTW 1000-100-10-10 in Mattituc NY, hereby authorize Southold Consultants Inc. to:act as my agent and handle all necessary work involved in the subdivision process with the Southold Planning Board. Signature: �tni Sworn before me this 30th day of February 2000, 114CY1& HiE [Michael fIill's Notary stamp Z. We John and Jane Smith owners of the property at SCTN# 1000-88-8-8 in Southol NY, hereby authorize Home Builders Inc"to apply for a subdivision on our property and hire any agents necessary to complete the work involved in the subdivision process with the Southold Planning Board. n� pp Signatures: udiM. Sworn before me this 30"`day of February 2000'. [Michael Hill's Notary stamp ] 3. I Tim Davis. President of Home Builders Inc. hereby authorize John Jones.Esq. to act as my agent on the property of SCTM# 1000-88-8-8 in S uthol NY, and handle all necessary work involved in the subdivision process with the Southold PlanningBoard. Signature: c� Sworn before me this 30a' day of February 2000 [Michael hill's Notary stamp ] Y��� low AIM e8 PLANNING BOARD MEMBERS �gUFFO(� BENNETT ORLOWSKI,JR. ���� - OGy Town Hall, 53095 State Route 25 Chairman o= ` P.O.Box 1179 WILLU\ J J.CREAIERS w Z Southold,New York 11971-0959 KENNETH L.EDWARDS �y �� Telephone (631) 765-1935 GEORGE RITCHIE I ATHAM,JR- Fax (631) 765-3136 RICHARD CAGGLUSM PLANNING BOARD OFFICE October 4, 2001 Mr. Enzo Morabito c/o-Dunemerp—Associates 60 Windmill Lane Southampton, NY 11968 Re: Cove Beach Estates Dear Mr. Morabito: This letter is in response to your correspondence of October 2, 2001, in which you requested time at a Planning Board Work Session to discuss amendments to the Cove Beach Subdivision Application. At the August 27"' Work Session, you verbally presented a number of alternatives to the Planning Board, some of which were not agreeable to me. According to my notes and recollection, you wished to adjust lot lines and swap land subject to easements currently held by the Peconic Land Trust. Any review of potential amendments to this application will require coordination between the Planning Board, your client, and the Peconic Land Trust. For this reason, I suggest you define in writing, and with a marked- up plan (in pencil), precisely what amendments you would like to make to the proposed subdivision plat. A copy of this letter and sketch should be sent to Tim Caufield of the Peconic Land Trust so that we can conduct a joint review. Finally, there is no record in the file from either Mr. Witteveen or Charles Cuddy, his attomey for this application, authorizing you to represent Mr. Witteveen on this application. A sample authorization is attached for your information. Please contact my office with any questions regarding this matter. Very truly Valerie Scopaz, AICP Town Planner VS:ck Encl. CHARLES R.CUDDY A ATTORNEY AT LAW 445 GRI FFING AVENUE RIVERHEAD,NEWYORK Mailing Address: TEL: (631)369-8300 P.O. Box 1547 FAX: (631)369-9080 Riverhead,NY 1_1901 E-mail: charles.cuddy@verizon.net March 15, 2006 Planning Board Town of Southold PO Box 1179 Southold, NY 11971 Re: Cove Beach Estates, LLC SCTM 1000-22-3-9.1, 18.1, 18.7, 18.8 Dear Planning Board Members: We have requested a bond reduction for Cove Beach Estates by our letter of December 2, 2005. Please advise us of the status of this matter. Very truly yours, 04.4 Charles R. Cuddy CRC/ik p ECE MAR , ?006 f JJ SOJ;h0(I io;,n Pier u9at; December 2, 2005 Planning Board Town of Southold PO Box 1179 Southold, NY 11971 Re: Cove Beach Estates, LLC SCTM 1000-22-3-9.1, 18.1, 18.7, 18.8 Dear Planning Board Members: In accordance with your request, this is to advise that the Cove Beach subdivision improvements are completed to the extent that the property is graded, all of the drainage work has been completed, and the roadway is substantially completed, with only a small section remaining to be paved. We therefore request that the Town Engineer inspect the site so that a reduction in the Letter of Credit may be authorized. Thank you. Very truly yours, Charles R. Cuddy CRC/ik cc: Anthony Trezza, Planning Department • MAILING ADDRESS: PLANNING BOARD MEMBER ISO U [. P.O. Box 1179 JERILYN B.WOODHOUSE �� •J0� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS co Q 54375 State Route 25 MARTIN H. SI �0 (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON �iyCOU,M' Southold, NY 111, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Jamie Richter, Town Engineer From: Anthony Trezza, Sr. Planner Date: December 20, 2005 Re: Cove Beach Estates 1000-22-3-9.2, 18.1, 18.7, 18.8 In a letter dated December 2, 2005, Charles Cuddy, Esq. informed the Planning Board that a portion of the improvements for the above-referenced subdivision have been completed and has asked that the Town Engineer inspect the site so that the bond estimate may be amended accordingly. Please inspect the improvements and advise the Planning Board if the bond may be reduced. If you have any questions or need additional information, please feel free to contact this office. CHARLES R.CUDDY h� � ATTORNEY AT LAW S� 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address_ TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: chartes.euddy@verizon.net December 2, 2005 Planning Board Town of Southold PO Box 1179 Southold, NY 11971 Re: Cove Beach Estates, LLC SCTM 1000-22-3-9.1, 18.1, 18.7, 18.8 Dear Planning Board Members: In accordance with your request, this is to advise that the Cove Beach subdivision improvements are completed to the extent that the property is graded, all of the drainage work has been completed, and the roadway is substantially completed, with only a small section remaining to be paved We therefore request that the Town Engineer inspect the site so that a reduction in the Letter of Credit may be authorized. Thank you. Very truly yours, Charles R. Cudd( Y . CRC/ik — cc: Anthony Trezza, Planning Department - ,r 1 9 .. Al" CHARLES R.CUDDY h. ATTORNEY AT LAW S� 445 GRIFFING AV E NUE RIVERHEAD,NEW YORK Mailing AddreSH: TEL: (631)369-8200 P.O.Boa 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net December 2, 2005 Planning Board Town of Southold PO Box 1179 Southold, N ' 11971 Re: Cove Beach Estates, LLC SCTM 1000-22-3-9.1, 18.1, 18.7, 18.8 Dear Planning Board Members: In accordance with your request, this is to advise that the Cove Beach subdivision improvements are completed to the extent that the property is graded, all of the drainage work has been completed, and the roadway is substantially completed, with only a small section remaining to be paved. We therefore request that the Town Engineer inspect the site so that a reduction in the Letter of Credit may be authorized. Thank you. Very truly yours, �; Charles R. Cuddy CRC/ik cc: Anthony Trezza, Planning Department pFC _ 5 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK MailingAddress: TEL: (631)369-£200 P.O.Box 1547 FAX: (631)369-9050 Riverhead, NY 11901 E-mail: charles.euddy(a,verizon.net October 13, 2005 Planning Board Town of Southold PO Box 1179 Southold, NY 11971 Re: Cove Beach Estates, LLC SCTM 1000-22-3-9.1, 18.1, 18.7, 18.8 Dear Planning Board Members: The Cove Beach subdivision road and other improvements have been substantially completed. We therefore ask that the performance bond (in the form of the Letter of Credit) be reduced. Thank you. Very truly yours, 0"4� Charles R. Cuddy CRC/ik cc: James A. Richter, Town Engineer 9 p PATRICIA A. FINNEGAN . JOSHUA Y. HORTON fff TOWN ATTORNEY �o�QF so Supervisor Supervisor patricia.finnegan@town.southold.ny.us P KIERAN M. CORCORAN ,IL Town Hall Annex, Route 25 1179 T P.O. Box 1179 ASSISTANT TOWN ATTORNEY A � Southold, New York 11971-0959 wn kieran.corcoran@to ,southold.ny.us ,� LORI HULSE MONTEFUSCO �I,YCOu ' Telephone (631) 765-1939 ASSISTANT TOWN ATTORNEY Facsimile (631) 765-6639 tori.montefusco@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD October 6, 2005 Charles R. Cuddy, Esq. 445 Griffing Avenue Riverhead, NY 11901 RE: Cove Beach Estates Letter of Credit Dear Mr. Cuddy: I write in response to your facsimile dated September 30, 2005. In furtherance of the Town of Southold Resolution No. 2005-594, I can confirm that the Town Attorney's office has approved the Bank of Smithtown letter of credit number 100311, as substitute for and effecting the release of UBS AG letter of credit number Y034116. If you require anything further in the way of confirmation to facilitate this process, please let me know. jIe ?nMI.YACorcoraours, n Assistant Town Attorney KMC/Ik _ I t S'V,�F ELIZABETH NEVILLE • own Hall, 53095 Main Road ,y TOWN CLERK ,yroy PO Box 1179 / ' 3� Southold,NY 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER Telephone: (631) 765-1800 RECORDS MANAGEMENT OFFICER +lF southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER RESOLUTION# 2005-594 Meeting: 09/27/05 07:30 PM Resolution ID: 1166 Department: Town Clerk Category: Letter of Credit THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-594 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 27,2005: RESOLVED that the Town Board of the Town of Southold hereby accepts the Irrevocable Letter of Credit Number 100311 issued by the Bank of Smithtown in the amount of$705.710 for the proposed Maior Subdivision of Cove Beach Estates located at East Marion,New York, SCTM @1000-22-3-9.1, 18.1 & 18.8, as a substitute for and release the original Letter of Credit Number Y034116 issued by UBS AG in the amount of$705,710 that was approved by Town Board Resolution No. 496 of 2004. The substitution is requested by the applicant, Southold Town Planning Board recommends approval of the substitution, and is subject to the approval of the Town Attorney. 04 'jaw7GrJ Elizabeth A.Neville Southold Town Clerk I • MAILING ADDRESS: PLANNING BOARD MEMBEOf SOUTP.O. Box 1179 JERILYN B.WOODHOUSE O�� �70 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS G Q 54375 State Route 25 MARTIN H. SIDOR (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON "Teoun 1,rm Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 13, 2005 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Major Subdivision Cove Beach Estates Located on the n/s/o NYS Route 25,1000' e/o Kayleigh's Court, in East Marion SCTM#1000-22-3-9.1,18.1, 18.7 & 18.8 Zone: R-80 Dear Mr. Cuddy: The Southold Town Planning Board, at a meeting held on Monday, September 12, 2005, adopted the following resolutions: WHEREAS, the applicant proposes to subdivide a 104.40-acre parcel into 12 lots; and WHEREAS, the Southold Town Planning Board issued final approval for the subdivision by resolution on June 12, 2004; and WHEREAS, the Town Board accepted the Irrevocable Letter of Credit Number Y034116 issued by UBS AG in the amount of$705,710 on June 29, 2004; and WHEREAS, the applicant has requested that a new Irrevocable Letter of Credit issued by the Bank of Smithtown for the same amount be substituted for the UBS AG Letter of Credit; be it therefore RESOLVED, that the Southold Town Planning Board accept the Bank of Smithtown Irrevocable Letter of Credit #100311 in the amount of$705,710 and recommends same to the Town Board; and be it further RESOLVED, that the Southold Town Planning Board recommends that the Town Board release the Irrevocable Letter of Credit Number Y034116 in the amount of$705,710 as requested by the applicant. I Cove Beach Estates — Page Two — September 13, 2005 If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson enc. cc: Kieran Corcoran, Assistant Town Attorney Elizabeth Neville, Town Clerk • • sty CHARLES R.CUDDY ATTORNEY AT LAW 445GRIFFING AVENUE RIVERHEAD,NEWYORK Madan Address_ TEL: (631)369-8200 P.O. Box 1547 FAX: (631)369-90E0 Riverbead,NY 11901 E-mail: charles.euddy@verizon.net May 2, 2005 Planning Board Town of Southold PO Box 1179 Southold, NY 11971 Re: Cove Beach Estates, LLC SCTM 1000-22-3-9.1, 18.1, 18.7, 18.8 Dear Planning Board Members: Cove Beach Estates, LLC has completed a substantial amount of work covered by the subdivision performance bond. We respectfully request that this Board ask the Town Engineer to prepare a letter or statement recommending a reduction of the amount of the performance bond. Thank you. Very truly yours, Charles R. Cuddy CRC/ik STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788-551'8 SUBIMAL CHAKRASORTI, P.E. JOSEPH H. BOARDMAN REGIONAL DIRECTOR COMMISSIONER April 1, 2005 Mr. Doug Adams Young & Young 400 Ostrander Avenue Riverhead, NY 11901 Your February 18, 2005 Resubmission Cove Beach Estates Last Revision 2/18/05 Route 25, East Marion SCTM 1000-22-3, 18.1 & 18.7 Our Case No. 94-55P Dear Mr. Adams: This is in regard to the revised site plans for the referenced project which were submitted to us for review. Your plans are acceptable as submitted. This site plan approval for highway work permit issuance is contingent upon our receipt of all of the following items within six (6) months of the date of this letter. Prior to issuing a Highway Work Permit, you must submit the required permit fee and Surety Bond (sample enclosed). It is also mandatory that protective liability insurance be provided by the permittee. Also, enclosed is a Highway Work Permit Application to be completed and returned to us. The application, completed Penn 17 and the Surety Bond must be secured by the same party. All checks issued to the State of New York must show a Federal Identification Number. Permit Fee (Payable to "State of New York"): $900.00 Bond Amount: $10,000.00 Insurance Fee: Perm 17 Certificate of Insurance Questions concerning this matter should be directed to Mr. Gene Smith at (631) 952-6028. Please send all correspondence to his attention. Kindly refer to the subject case number and County tax map number in all correspondence Very truly yours, SHAIK A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety cc: Mr. Peter Harris, Superintendent of Highways, Town of Southold 4<Is. Valerie Scopaz, Planning Director, Town of Southold SAS:ES:DW M1 • • V M-r STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788-5518 SIIBIMAL CHAKRABORTI, P.E. -- ❑ JOSEPH H. BOARDMAN REGIONAL DIRECTOR - 1 ��� ❑ COMMISSIONER December 7, 2004 Mr. Doug Adams Young & Young l 400 Ostrander Avenue -- J Riverhead,NY 11901 Your October 11, 2004 Resubmission Cove Beach Estates Last Revision 10/7/04 Route 25, East Marion SCTM 1000-22-3, 18.1 & 18.7 Our Case No. 94-55P Dear Mr. Adams: This is in regard to the site plans for the referenced project which were submitted to us for review. Prior to an approval of the site's access and issuance of a New York State Highway Work Permit, the following items must be addressed: 1. Prior submission showed a 5 sheet set, the plans submitted 10/11/04 shows a 2 sheet set. The missing detail sheets provided necessary information that were not incorporated in the 2 sheet set for the site. Incorporate NYSDOT details within a complete set of plans for the entire site. Provide an index sheet listing all plan detail sheet titles( not just for NYSDOT details) in your resubmission. This comment applies to all current and future site submissions to NYSDOT. 2. Provide greater detail of the adjacent properties' features to the east and west. Design all highway features in accordance with our Policy and Standards manual on our website @ vr%vw.dot.state.ny.us/traffic/oper/permits/hwp/dmTolind.i)d Any exceptions to this policy must be clearly identified in your correspondence. Modification of the adjacent driveway apron to the west appears necessary to install the subdivision road as the access location appears closer than our standards allow. Curb section details must have a transition from full height to zero reveal for a ten foot run adjacent to travel lanes. 3. A note shall be added to the plans requiring the contractor to clean existing drainage basins along and immediately adjacent to the Route 25 site frontage at the completion of construction. 4. A Maintenance and Protection of Traffic plan must be provided for sidewalk closure work on Route 25. Provide Lane shift symbol sign in series for scheme shown. Provide shoulder closed signs for shoulder closure scheme. 5. The sidewalk to the west shall transition to a design joint. 6. Resolve the grading issues along the site's frontage. The sidewalk on the east side cannot exceed maximum incline specifications. 7. A note shall be added to the plans stating which consecutive reference markers the site falls between or the reference markers shall be shown on the plan. 8. Provide "STOP" sign, stop bar, and driveway centerline pavement marking in accordance with the NYS Manual of Uniform Traffic Control Devices. 9. Any utility work proposed in State Highway right-of-way will require separate application and submission of plans (installation details, restoration details and Maintenance and Protection of Traffic plan - all referenced to NYSDOT specification item numbers and the Manual of Uniform Traffic Control Devices) to our Riverhead Maintenance facility. The applicant may contact Mr. Kevin Matthaei at (631) 727-1731 for further directions regarding Utility Highway Work Permit (HWP)applications. The applicant should be made aware that utility HWP issuance is subject to issuance of the HWP required for site work. Please submit four sets of revised plans. Prior to issuing a Highway Work Permit, you must submit the required permit fee and Surety Bond (sample enclosed). It is also mandatory that protective liability insurance be provided by the permittee. Also, enclosed is a Highway Work Permit Application to be completed and returned to us. The application, completed Perm 17 and the Surety Bond must be secured by the same party. All checks issued to the State of New York must show a Federal Identification Number. Permit Fee (Payable to "State of New York"): $900.00 Bond Amount: $10,000.00 Insurance Fee: Perm 17 Certificate of Insurance Questions concerning this matter should be directed to Mr. Gene Smith at (631) 952-6028. Please send all correspondence to his attention. Kindly refer to the subject case number and County tax map number in all correspondence Very truly yours, Crigir. ! ;i�:oed By SHAIK A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety SAS:ES:DW cc: . Peter Harris, Superintendent of Highways, Town of Southold r Xs. Valerie Scopaz, Planning Director, Town of Southold SAS:ES:DW Ek5T MARION FIRE DISTkitT 15L"VI-1 Board of Fire Commissioners PO Box 131 - Main Road - East Marion, N-Y 11939 Y�71 (631) 477-0163 Fax (631) 477-8310 Email EIv1FDistrict@optonline.net September 23, 2004 Daren Pfenning D E C E E Henning Construction Corp. , P. 0. Bcv 1331 SEP 2 T 2004 Mattituck,NY 11952 Re: Cove Beach farewells Southold Sown Piannin BaarA Dear Mr. Henning, The Board of Fire Commissioners has reviewed your request regarding firewells for your sub-division in East Marion and has made the following recommendations. At the entrance to the sub-division at Rt. 25 there is to be one electric well. On the LI Sound road there are to be one electric well at each end(total of two, one at the 1 west end and one at the east end.) s j In the center of the LI Sound road there is to be one 10,000 gal. water storage tank. a All wells should have a capacity of 350 gpm, have connections to be run by generator in { case of power failure and have couplings of National Standard hose thread. If you have anv further questions please contact our office. Thank you for your cooperation. Very truly yours, Walter Gaipa Fire District Secretary 1 Cc: ToNvn of Southold Planning Dept. . i i P' PLANNING BOARD MEMBEKS JERILYN B.WOODHOUSE P.O. Box 1179 Chair ® yt Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 RICIL4RD CAGGIANO T Telephone (631) 765-1938 WILLLAA1 J. CREMERS • , Fax(631) 765-3136 ' KENNETHDS L�,RTIN H.SIDOR i PLANNING BOARD OFFICE TOWN OF SOUTHOLD e July 13, 2004 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, New York 11901 I Re: The Major Subdivision of Cove Beach Estates I` SCTM# 22-3-9.1, 18.1, 18.7 &18.8 I Dear Mr. Cuddy; Enclosed please find the final plats for the above referenced subdivision that were signed by the Jerilyn B. Woodhouse, Chairperson of the Planning Board. Note that final approval Was granted on June 29, 2004, thc'date the Town Board accepted the Letter of Credit for the action. If you have any questions please do not hesitate to contact me at 765-1938 III u Smcerel , MarTerry S or Enviro ental Planner Cc: Melissa Spiro, Land Preservation Coordinator Tax Assessors Building Department o�OSUFFo��-�o G ELIZABETH A. NEVILLE y� Town Hall, 53095 Main Road TOWN CLERK COD Z P.O. Box 1179 REGISTRAR.OF VITAL STATISTICS %b-- Southold, New York 11971 NLAR.RIAGE OFFICER 41 • o`� Fax(631) 765-6145 .RECORDS NLANAGEMENT OFFICER �! � �a Telephone (631) 765-1800 FREEDOM OF INFORAIATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 496 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 29, 2004: RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of credit No. Y034116 issued by UBS AG in the amount of$705,710.00 and an administration fee in the amount of$42,342.60 for the proposed Maior Subdivision of Cove Beach Estates located at East Marion, New York, SCTM#1000-22-3-9.1,18.1, 18.7 & 18.8 as recommended by the Southold Town Planning Board, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk F E V Egu"iiJn. r( jul — $ 9,, s Southold Town Planning?oa•+ CD �0- '� CHARLES R.CUDDY S to, ATTORNEY AT L AR 41,5ORIFFIN3_ VENUE RIVERHE aD,NEC YOR& Mailing Addre__: IEL: (631)369-87110 P.O.sns 151 77 i F_YZ: i631136n-9080 Riverhead,NY 11901 E-mail: chanes-cudd,,Cu verizon.net June 24. 2004 Hand Delivered Mr_ Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route25 P_O. Box 1I79 Southold, NY 11971 Re_ Cope Beach Estates, LLC -Major Subdivision SCTB'191000-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Terry: In accordance with the Planning Board resolution granting final approval to the above subdivision, we are enclosing a certified copy of the Road Maintenance Declaration, which rNas recorded with the SLItTo Uc County Clerk's Office on June 23, 2004, at Liber D000123'_'6 page 677. Please make it part of your record. Very truly yours, Charles R. Cuddy CRC:ik Enclosures I , FDr E 1 J T-,1q,'. CHARLES R.CUDDY ? aTTORNE1 AT LAR 445 GRIFFINS:X\'E NUE RI\'ERHE_ID,NF\'YORK Dlailine lddre_s: TEL: (631)369-8200 P.G.Bos 1541 FAX: 1(j31)369-9080 Riverkead,NZ 11901 E-mail: charles.cuddi,averizon.nat June 24, 2004 Hand Delivered Air. Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Cove Beach Estates, LLC -Major Subdivision SCM41000-22-3-9.L, 18.1, t8.7, 18.8 Dear Mr. Teny: We are enclosing four (4) mylars and five (5) prints of the subdivision map endorsed with approval of the Suffolk County Department of Health Services. The applicant has complied with all of the requirements of the resolution of the Planning Board and now requests that the map be signed so it may be filed with the County Clerk. Very truly your; Charles R. Cuddy CRCA Enclosures L Lai ,r c t_ I rr::� ! :, '2 C3, CHARLES R CUDDY D. U ATTORNEY AT LAW MAY l g 2004 445 GRIFHNG AVENUE RIVERHEAD,NEWYORK $OUSI7UId T6`H 6. 1,1ailing Address: Plartn -8200 P.O_Box 1547 FSK: (631)369-9080 Ri, h.d,NY 11901 E-mail: c6arles.cuddv@verizon.net May 18, 2004 Mr. Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Cove Beach Estates,LLC -Letter of Credit Dear Mr. Terry: We are enclosing the amended Letter of Credit for the sum of$705,710.00 in accordance with the estimate r.iepared by James A.Richter, Engineer, and we have added$30,000 fortwo additional fire wells. If you have any question please do not hesitate to call me. Very truly yours, Charles R. Cuddy CRC:ik Ench,sures t UBS V UBS AG " New York Branch BV ' 299 Park Avenue New York, New York 10171 Tel.212-916-2000 Date: MAY 17, 2004 SWIFT Address : UBSWUS33 SOUTHOLD PLANNING BOARD TOWN OF SOUTHOLD MAIN ROAD SOUTHOLD, N-Y. 11971 AMENDMENT OF OUR STANDBY LETTER OF CREDIT NO_ Y034116 170. OF AMENDMENT: 1 Applicant : COVE BEACH ESTATES, LLC C/O RAOUL WITTEVEEN 90 PART AVE_ , STE 1713 NEW YORK, N_Y_ 10016 Ref- No . : 089613 The above-mentioned credit is being amended as follows : The amount of this credit is increased by 98 , 743 .50 USD. The amount of this credit now totals 705, 710 - 00 USD not exceeding. All other terms and conditions remain unchanged_ Please signify your agreement or disagreement to this amendment by signing on the appropriate line below and faxing to the attention of DIANE SMART a fax no - (203) 719-4634/4657 . ----------------- ----------------- WE AGREE WE DISAGREE Very truly yours, UBS AG New York Branch Associate Di ctor Fran Martell Operationr Director Operationa ' T *� UBS � UBS AG New York Branch f _ 299 Park Avenue New York,Plew York 10171 Tel.212-916-2000 Date: APRIL 2 , 2004 SWIFT Address : UBSWUS33 SOUTHOLD PLANNING BOARD TOWN OF SOUTHOLD MAIN ROAD SOUTHOLD, N.Y- 11971 IRREVOCABLE STA14DBY LETTER OF CREDIT NO: Y034116 On behalf of Cove Beach Estates, LLC, NYS Route 25, East Marion, New York, we hereby issue in your favor our Irrevocable Letter of Credit No . Y034116 up to an aggregate amount of USD 606, 966 .50 (f?S Dollars Six Hundred and Six Thousand Nine Hundred and Sixty Six and 5:J/100) ' effective immediately and expiring at our office located.%'at 677 Washington Boulevard, Stamford, CT 06901 on April 3 , 2006 . Funds under this Letter of Credit are available by your sight draft (s) drawn on us, indicating our Credit No - Y034116 accompanied by: "Beneficiary's signed statement certifying that Cove Beach Estates, LLC has failed to complete certain site improvements for the final plan of " Cove Beach Estates Subdivision"', as called out by resolution of the Southold Planning Board in the amount of $ " It is a condition of this Letter of Credit that it shall be deemed automatically extended without amendment for one additional year from the present, unless forty-five (45) days prior to any such date, we shall notify you in writing by certified mail or courier mail at the above listed address that we elect not to consider this Letter of Credit extended for any such additional period. In such an event, the Letter of Credit may be drawn on in the full amount . Draft (s) drawn to state: "Drawn under UBS AG Letter of Credit No . Y034116 dated April 2 , 2004 . " We hereby engage with you to honor your draft (s) as specified above when accompanied by documents in conformity with the terms and conditions of this Letter of Credit when presented to: UBS AG, 677 Washington Boulevard, Stamford CT 06901, Attn: Letters of Credit Dept. All correspondence regarding this Letter of Credit must also be sent to this office mentioning our LC No_ Y034116 - Except as far as otherwise expressly stated herein, the Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No . 500 . Very truly yours, UBS AG / New York Branch ohn Garbanno Fran� Associate Director Dire �lardeu Director Operations Operations J. UFFOL PLANNING BOARD MEMBERS SOS xCO p P.O.Box 1179 JERILI'N R.PJOODHOUSE Chair Town Hall, 53095 State Route 25 � o Southold, New York 11971-0959 RICHARD CAGGIANO ® Telephone (631) 765-1938 WILLLAA1 J. CRENIERS O KENNETH L.EDWARDS Fax(631) 765-313fi MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 15, 2004 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, New York 11901 Re: Proposed Major Subdivision Cove Beach Estates Located on the north side of NYS Route 25,1000' east of Kayleigh's Court, in East Marion SCTM#1(100-22-3-9.1,18.1, 18.7 & 18.8 Zone: R-80 Dear Mr. Cu(4:y: The Southold Town Planning Board, at a meeting held on Monday, June 14, 2004, adopted the following resolutions: WHEREAS, the applicant proposes to subdivide a 104.40 acre parcel into 12 lots; and WHEREAS, the parcel is subject to a 1995 Conservation Easement, dated December 29, 1995, filed with the Clerk of Suffolk County in Liber D00011756, Page 282; and WHEREAS, the parcel is subject to an Amendment to the 1995 Conservation Easement, dated December 18, 1996, filed with the Clerk of Suffolk County in Liber D00011808, Page 661; and WHEREAS, the parcel is subject to a 1997 Conservation Easement, dated December 29, 1997, filed with the Clerk of Suffolk County in Liber D00011869, Page 975; and WHEREAS, an Amendment of the1997 Conservation Easement was filed on April 9, 2004 with the Clerk of Suffolk County in Liber D00012312, Page 663; and WHEREAS, the Conservation Easements limit the total number of residential lots to 12; and WHEREAS, on May 10, 2004, the Southold Town Planning Board granted conditional preliminary approval on the plat, dated & last revised September 22, 2003; and WHEREAS, the Suffolk County Department of Health granted approval of the action on December 31, 2003; and 0 Cove Beach Estates — Page Two — 6/15/04 WHEREAS, On December 13, 2003, the New York Department of Environmental Conservation issued Permit No. 1-4738-03150/00001 shown on the Road and Drainage Plan, dated as revised May 23, 2003; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and WHEREAS, pursuant to A106-24E of the Southold Town Code, the Planning Board deems the final plat to be in substantial agreement with the preliminary plat approved and modified in accordance with requirements of such approval, therefore, the Planning Board waives the requirements for a final public hearing; be it therefore RESOLVED, that the Southold Town Planning Board accept the UBS AG Letter of Credit No. Y034116 in the amount $705,710.00 and administration fee in the amount of $42,342.60 and recommend same to the Town of Southold Town Board; and be it further RESOLVED, that the Southold Town Planning Board grant final approval on the plat dated as revised September 22, 2003, and the Road and Drainage Plan, dated as revised May 23, 2003, and authorize the Chairperson to endorse the final plat subject to the fulfillment of the following conditions: 1. The acceptance of the Letter of Credit No. Y034116 by the Town of Southold Town Board. 2. The filing of the final Road Maintenance "Declaration" with the Office of the Clerk of Suffolk County and upon filing, the recording of the liber and page numbers upon the final plat. The mylar maps, which will be endorsed by the Chairperson as noted above, must be picked up at this office and filed in the Office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval (Chairperson endorsement) shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, Jerilyn B. Woodhouse Chairperson encl. cc: Melissa Spiro, Land Preservation Coordinator Michael Verity, Chief Building Inspector Tax Assessors CHARLES R CUDDY D D ATTORNEY AT LAW 445 GRIFFING AV ENUF RIVERHEAD,NEWYORK Sau��d Tov+� Dlailind Address; Plana, 369-800 Roo Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@vexizon.net May 18, 2004 Mr. Mark Terry Southold Town Planning Department Southold TowirHall 53095 Route 25 P.O. Bax 1179 Southold,NY 11971 Re: Cove Beach Estates, LLC -Letter of Credit Dear NIr. Terry: We are en losing the amended Letter of Credit for the sum of$705,710.00 in accordance with the estimate 1wepared by James A.Richter,Engineer, and we have added$330,000 for tcvo additional ire wells. If you have any question please do not hesitate to call me. Very truly yours, C Ydq oe_ Ccc Charles R. Cuddy CRC:ik Enclosures ' UBS i UBS AG New York Branch � 299 Park Avenue New York, New York 10171 Tel.212-910'-2000 Date: MAY 17, 2004 SWIFT Address : UBSWUS33 SOUTHOLD PLAD]NING BOARD TOWN OF SOUTHOLD MAIN ROAD SOUTHOLD, N.Y- 11971 AMENDMENT OF OUR STANDBY LETTER OF CREDIT NO. Y034116 NO. OF AMENDMENT: 1 Applicant: COVE BEACH ESTATES, LLC C/O RAOUL WITTEVEEN 90 PART AVE- , STE 1713 NE[n7 YORK, N-Y. 10016 Ref . No . : 089613 The above-mentioned credit is being amended as follows : The amount of this credit is increased by 98, 743 . 50 USD. The amount of this credit now totals 705, 710 . 00 USD not exceeding. All other terms and conditions remain unchanged. Please signify your agreement or disagreement to this amendment by signing on the appropriate line below and faxing to the attention of DIANE SlAART a fax no - (203 ) 719-4634!4657 . ----------------- ----------------- WE AGREE WE DISAGREE Very truly yours , UBS AG New York Branch ez-p' Associate Ih ctor r7"en Martell Qperationr Director Operations UBS AG S New York Branch 299 Park Avenue j New York,New York 10171 Tel.212-916-2000 Date: APRIL 2 , 2004 SWIFT Address : UBSWUS33 SOUTHOLD PLANNING BOARD TOWN OF SOUTHOLD MAIN ROAD SOUTHOLD, N.Y. 11971 IRREVOCABLE STANDBY LETTER OF CREDIT NO : Y034116 On behalf of Cove Beach Estates, LLC, NYS Route 25, East Marion, New York, we hereby issue in your favor our Irrevocable Letter of Credit Pio . Y034116 up ;:o an aggregate amount of USD 606, 966 .50 (L'S Dollars Six Hundred and Six Thousand Nine Hundred and Sixty Six and 5,0/100) effective immediately and expiring at our office located, at 677 Washington B.,ulevard, Stamford, CT 06901 on April 3 , 2GOG . Funds under this Letter of Credit are available by your sight draft (s) drawn on us, indicating our Credit No . Y034116 accompanied by: " Beneficiary's signed statement certifying that Cove Beach Estates, LLC has failed to complete certain site improvements for the final plan of " Cove Beach Estates Subdivision"', as called out by resolution of the Southold Planning Board in the amount of $ It is a condition of this Letter of Credit that it shall be deemed automatically extended without amendment for one additional year from the present, unless forty-five (45) days prior to any such date, we shall notify you in writing by certified mail or courier mail at the above listed address that we elect not to consider this Letter of Credit extended for any such additional period. In such an event, the Letter of Credit may be drawn on in the full amount . Draft (s) drawn to state: "Drawn under UBS AG Letter of Credit No . Y034116 dated April 2 , 2004 . " We hereby engage with you to honor your draft (s) as specified above when accompanied by documents in conformity with the terms and conditions of this Letter of Credit when presented to : UBS AG, 677 Washington Boulevard, Stamford CT 06901, Attn: Letters of Credit Dept. All correspondence regarding this Letter of Credit must also be sent to this office mentioning our LC No - Y034116 . Except as far as otherwise expressly stated herein, the Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber df "Commerce Publication No . 500 . Very truly yours, UBS AG New York Branch WW I ohn Garbarino Mran Martell Associate Director Director Operationa Operations 0 CHARLES R.CUDDY ATTORNEY kT LAT 445GRIFFING AVENLE RR'ERHEkD,NER YORK Dimling Addrzsa: t�,�a,, E � � RE 11369-5_700 P.O.Box 1547 _ I 11369-9050 Rn,erlread,NY 11901 E-mail: claarlesx verizon.net June 1, 2004 JUN — 2 2004 Southold Town Planning3of Mr. Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route 25 P_O. BOX 1.179 Southold,NY 1197 1 Re: Cove Belch Estates, LLC DeaTMr. Terry.- As indicated to.you the only outstanding requirement is final approval from the NYS Department of Transportation: The applicant had submitted the final plans to the DOT and the curb cut is located at the same place as in the previous submission.In fact, the applicant has been paying on the DOT Performance Bond required on the last submission years ago. Because of anticipated delay in the DOT approval process Cove Beach Estates agrees that it will not seek any reduction in the Letter of Credit which was submitted in connection with the site improvements until final DOT approval has been received. Based upon flus representation Cove Beach Estates, LLC respectfully requests the Town Planning Board grant final approval of the subdivision_ If there are any questions concerning this matter I will be pleased to meet with you or the Planning Board to resolve them. May I please hear from you at your earliest convenience. Very truly yours, Charles R. Cuddy CRC:ik Enclosures cc, Raoul J. Witteveen COUNTY OF SUFFOLK D EC E ]ISLES ' r7�O JUN - 2004STEVE LEVY SUFFOLK COUNTY EXECU 1 E Southold TownPlanning BosrHOMAs C.ICP DEPARTMENT OF PLANNING - DIREcroa of PLANNING May 25, 2004 Ms. Jerilyn B. Woodhouse, Chair Town of Southold Planning Bd. Main Road Southold, NY 11971 Plat Name: Cove Beach Estates (Cove Beach Associates) Tax Map No.: 1000-22-03-9.1, 18.1, 18.7 & 18.8 SCPD File No.: S-SD-84-2.5 Dear Ms. Woodhouse: Pursuant to the-requirements of Section A14724, Article XIV of the Suffolk County Admtnistratty e Code,the above captioned proposed final plat which has been referred-to the Suffolk CountyPlanning Commtgsion is considered to be`a matterforlocal determination ;A;decision of local determination should not be construed as either an approval or disapproval. The Department offers the following remarks pursuant to Suffolk County Planning Commission Policy_ The "top of bluff' should be flagged in the field by a qualified expert, verified by the appropriate regulatory agency and shown on all surveys, maps, plans, plats or sketches associated with this action. The rate of erosion on site should be calculated by the expert. The "Coastal Erosion Hazard Line" should be flagged in the field by a qualified expert, verified by the appropriate regulatory agency and shown on all surveys,maps, plans,plats or sketches associated with this action. The most landward limit of freshwater wetland should be flagged in the field by a qualified expert, verified by the appropriate regulatory agency and shown on all surveys, maps, plans, plats or sketches. No new.residential structure or sanitary disposal_facility should be constructedorotherwise. located less than 100 feet frmothe-.,-top of bluff or adequate to guarantee 50 years of protection_ to the:dwellings or,sanitary.system based on the calculated erosion rate; Within 50 feet of the top edge of the bluff there should not be any grading except that that may LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR • P. O. BOX 51 00 • 151 61 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE. NY 1 1 788-0099 TELECOPIER 5 6 853-4044 May 26, 2004 Sb,-FOLK COUNTY PLANNING DEPARTN& Page t be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this area should be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading should be subject to review by the Town to insure proper maintenance and preservation of the natural buffer. There should not be any individual access structure to the beach from lots 1-10. Access to the beach should be limited to a single structure to serve all residents of the subdivision. The structure should be designed and constructed in a manner that will result in the least disturbance of the stability of the bluff. The subdivider should acknowledge in writing to the Planning Board that the creation of this subdivision in no way commits either the Town of Southold or the County of Suffolk to any program to protect this property from shoreline erosion through the, construction of engineering or other works. No structure or sanitary facility should be located less than 100 ft. from the most landward limit of wetland. Sincerely, Thomas Isles, AICP Director of Planning s 4Andrew P. Freleng, AICP Principal Planner APF:cc G:ICCHORNY UEDMU)20Y6V.1 MI)94-25.VAY LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR ■ P. 0. BOX 6100 • f5161 653-51 DO 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE. NY 1 1 788-0009 TELECOPIER(516) 853-4044 CHARLES R.CUDDY ATTORNEY AT LAW 445GRIFFINGAVENUE RIVERHEAD,NEW YORK hlalliniAddre,,: TEL: (631)369-8200 P.O.Boz 1547 FAX: (631)369-9080 'Rzn erhead,NY 11901 E-mail: clwrles..JdyCbzrizon.net May 19, 2004 IW Mark Terry''" LS _q I. E_ Southold TM(n Planning Department r r Southold Towri Hall r _ 53095Poure25 �)—/ q /yq�'q /- MAY :2 Q 2094- .6 g&--I 179 Sa&hold, N;' 11971 G vCt 5o¢,frcld Town - PfawiagBaard Re: Cove Beach Estates, LLC Dear Mr. Terry: In connection with the above major subdivision, we are enclosing a check in the sum of$42,342.60 representirig an administrative and engineering fee of 61'o of the bond total. Very truly yours, cu cN-res we C�a CRC:ik Charles R. Cuddy Enclosures P't. CHARLES R.CUDDY ATTORNEY AT LAW 4.15GRIFFING VENUE MTRRE AD,NEW YORK Saalhold Tas d -mailing kddrees: PI rd, ,3(jQ-9200 P.O.Bo= 1547 Ell: (631)369-9030 - Riverkead,NY" 11901 E-mail: charles.cuddv@verizon.net May 13, 2004 Mr. Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route 25 PD, Box 1179 Southold, NY 11971 Re_ Cove Beach Estates, LLC -Letter of Credit Dear.Mr. Terry. We are enclosing the amended Letter of Credit for the sum of$705,710.00 in accordance with the estimate prepared by James A Richter,Engineer;and we have added$30,000 for two additional fire wells. If you have any question please do not hesitate to call me. hVery truly yours, ZB-2 CQ. a Charles R. Cuddy CRC:ik Enclosures . T TB(ZS 1 ( 3 UBS AG rU New York Branch �J 299 Park Avenue _ New York. New York 10171 Tel.212-916-2000 f Ir 1 i i ' Date: MAY 17, 2004 SWIFT Address : UBSWUS33 SOUTHOLD PLANNING BOARD TOWN OF SOUTHOLD MAIN ROAD SOUTHOLD, N.Y. 11971 9 I AMENDMENT OF OUR STANDBY LETTER OF CREDIT NO. Y034116 NO. OF AMENDMENT: 1 Applicant : j COVE BEACH ESTATES, LLC G C/O RAOUL WITTEVEEN 90 PART AVE . , STE 1713 NEW YORK, N.Y- 10016 Ref_ No_ : 089613 I The above-mentioned credit is being amended as follows : The amount of this credit is increased by 98 , 743 . 50 USD. The amount of this credit now totals 705, 710 - 00 USD not exceeding. All other terms and conditions remain unchanged. Please signify your agreement or disagreement to this amendment by signing on the appropriate line below and faxing to the attention of DIANE SMART a fax no _ (203) 719-4634/4657 . ----------------- ----------------- WE AGREE WE DISAGREE Very truly yours, UBS AG New York Branch ce ?� � [c'� -Amo.1ate Ctor Fran ertei4 Operation, Vector Operations " UBS �y V L UBS AG New York Branch R 299 Park Avenue New'lork,New'fork 10171 Tel.212-916-2000 Date: APRIL 2 , 2004 SWIFT Address : UBSWUS33 SOUTHOLD PLANNING BOARD { TOWN OF SOUTHOLD MAIN ROAD SOUTHOLD, N_Y_ 11971 { IRREVOCABLE STANDBY LETTER OF CREDIT NO : Y034116 1 j On behalf of Cove Beach Estates, LLC, NYS Route 25 , East Marion, New York, we hereby issue in your favor our Irrevocable Letter of Credit No . Y034116 up to an aggregate amount of USD 606, 966 . 50 (US Dollars Six Hundred and Six Thousand Nine Hundred and Sixty Six and 50/100) effective immediately and expiring at our office located at 677 Washington Boulevard, . Stamford, CT 06901 on April 3 , 2006 _ Funds under this Letter of Credit are available by your sight draft (s) drawn on us, indicating our Credit No . Y034116 accompanied by: "Beneficiary's signed statement certifying that Cove Beach Estates, LLC has failed to complete certain site improvements for the final plan of "Cove Beach Estates Subdivision,", as called out by resolution of the Southold Planning Board in the amount of $ " It is a condition of this Letter of Credit that it shall be deemed automatically extended without amendment for one additional year from the present, unless forty-five (45 ) days prior to any such date, we shall notify you in writing by certified mail or courier mail at the above listed address that we elect not to consider this Letter of Credit extended for any such additional period. In such an event, the Letter of Credit may be drawn on in the full amount . Draft (s) drawn to state: "Drawn under UBS AG Letter of Credit No _ Y034116 dated April 2 , 2004_ " We hereby engage with you to honor your draft (s) as specified above when accompanied by documents in conformity with the terms and conditions of this Letter of Credit when presented to: UBS AG, 677 Washington Boulevard, Stamford CT 06901, Attn: Letters of Credit Dept. All correspondence regarding this Letter of Credit must also be sent to this office mentioning our LC No_ Y034116 . Except as far as otherwise expressly stated herein, the Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No _ 500 . Very truly yours , 9 UBS AG New York Branch John Garbadno Fran Marteu =Associate Director Director Operations Operations s 7 p a a �� •.:�fFOL,� 6 . JAMES A. RICHTER, R.A. JOSHUA Y. FIORTON y� ENGINEER SUPERVISOR w w m Toct oFsoLTaol�,NEA,YORK lt4n T&%VN FLkL4- 509 �'f:•li;�RQrYD - �j Tel (516)-76;-1560 Fax. ilp)-765-T366 T OFFICE OF THE ENGINEER 7 G E � � TOWN OF SOUTHOLD (� � !i t T L1 If BORED ESTIMATE APR 8 ?fid a COVEJ3EACH ESTATES f '. it Rqufe125 fWarion,TOWN OF SOUTHOLD fy .,:� ";•3 . . - S'GTAT 1000`'-02-2-03=9.1,18.1,16.7&16.9 $Gi'1I14fd TQWQ i ; € Planning Boar ' DATE March 29,2D04 ��p4ti ' UAN� ESCRIPTION UNIT PRICE AMOUNT ip %RUBBING $ 2,500.00 S 14,000.00 T D,WAVATIGN -ROADS 2.00 19,000.00 I '• r;r i • i rr CK CIIR$1NG 10.00 6,800:00 1 • 5n , ri ve „e.-.I•i.,,j. 1.50 19,500:00: 1 ACE I''I; _ -'S Fl • .!, ii t• - _1.,a 2,000.00 52,000.00 LEACHING POOL 300.00 249,300.00 i ri rVT LDRAINAGE! V PIPE 25.00 7,200.00 . el, IF ir20-00 18,20Q.00- - r C•I .CING 7 L, 4 ,, i,:- .I r:i f ND ok RCA BASE 40.00 39,400.00 i71� N r�� ,•� i i r.T 11 i, OER COURSE—(2'/�"Thick) 60.00 7$,240-00 +' x• - PH I 1 F RING COURSE—(1 %"Thick) 60-00 46,920,00. 'I - ?y}t vi:TF I•I.NEWAYAPRON 30.00 3,000.00 nil :- IF i I T i.1 .!11,S 2,000-00 6,000.00 'x pirl. i •I-:RVEYMONUMENTS 100.00 2,500.00 ae. atr [,;t••, il. JIED 2.00 29,650-00 .F 6 T :•I, ,: 200.00 1,000.0Q J 6a ]h-.` 'iu1 IT i' 15,000.00 30,000-00 200.00 50,000-00 I ! I „i I, I i ' F TRAFFIC - 3.000.00 I BOND-TOTAL $ 675,710.00 r +6%ADMINISTRATION FEE $ 40 542 60 e TOTAL AMOUNT $ 716,252.60 Ij I • CHARLES R.CUDDY F ATTORNEY AT Law f AFR f 4�45GR[BF[NGaVENUE % 6 RIVERI EaD,NEW PORK C Ntai6k address: SDe;"" PO.Bos 1541 P'a-1,r : (631)36 - 0 31)369-9080 Riverhead,NY 11901 E-mail: clFarles.cuddyLgvenzon.net April 5, 2004 Mr. Mark Terry Southold Town Planning Department Southold Town Hall 53095.Route 25 P.O. Box 1179 Southold, NY 11971 Re: Cove Beach Estates, LLC -Major Subdivision SCT161#1000-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Terry: Supplementing our previous correspondence, enclosed is a copy of the Town Trustees' approval to improve the existing roadway together with a copy of the wetland permit. Please make this part of your file. Very truly yours, 4- Charles R. Cuddy CRC:ik Enclosures Albert J.Krupski,President - F Si }='C,. _ '-s- �` Town Hall James King,Vce-President -53095 Route 25 Artie Foster P:O..Bax 1179 Ken Poliwoda ' - Southold,New York 11971-0959 - . . - Peg, A. Dickerson .Telephone (6331) 765--1892 - r - Fax(631) 765-1366 _ I ; BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD :'March 24;2004 Charles R_Cuddy,-Esq. 445 Griffing Ave. P.O. Box 1547 Riverhead, NY 11901 RE: COVE BEACH ESTATES, LLC ROUTE 25, EAST MARION SCTM#2263-9.1,18.1,18.7 & 18.8 Dear Mr. Cuddy: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, March 24, 2004 regarding the above matter: WHEREAS, Charles R. Cuddy, Esq.on behalf of COVE BEACH ESTATES,.LLC applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 Of the Southold Town Code, the Wetland Ordinance of the Town of Southold; application dated March 4, 2004'and; WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to'said application on March 24, 2004, at which time all interested persons were given an op'porturtity to be heard, and, WHEREAS, the Board members have personally,viewed.and are familiar with the premises in question and.the surrounding area, and, WHEREAS, the,Board has considered all the testimony and documentation`submitted concerning this application;-and; V _ 'WHEREAS, the structure.complies.With the standards set forth in Chapter 97-of-the Southold Town Code, ;WHEREAS ;the Board has-.determined Thatthe projectas proposed will.ino_t'affecuf% health';safety and `general welf ire of-the people of the#own, .;_'.NOW THEREFORE BE IT, !RESOLVED;.that the Board of Trustees approve the application of COVE BEACH :ESTATES,;LLC to improve the existing roadway, as depicted on the site plan prepared by Howard W. Yaiang,las.dated:October 31, 2003. ,'Permit to consfruetand complete.proiect Will expire.two years from the•dateothe permit' ls:sfg ned` Fees muskbe aid, if_ p, applicable, and permit issued within six month5.'ofthe- ^Wte`of this notificatr`om fnspections are required at a fee of$50.00 per inspection. (See attached schedule.) -.Fees: $50.00 Very truly yours, rh r lye Albert J. Krupski, Jr. President; Board of'Trustees. AJK/Ims tAlbertJ.Krupski,President @� - - Q. Town.Hall - JamesKing Vice-President _pOFF0�i1{'C - '53095Borate25 - - Artie Faster - O7: OG - P.O.Box 1179 .Z. ,. y Ken PoliTvoda iJ ` • Southold New York 11971:0959 Peggy A.Dickerson W°a Telephone(631) 765-1892 Fax(631) 765-1366 poi � Sao BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE.-REQUIRED TO,CONTACT THE OFFICE OF.THE.BOARD OF TRUSTEES 7ZHOURS PRIOR TO COMMENCEMENT F SHE W0kFC;_TO MAl¢AN. APPOINTMENT AOR A PRE-CONSTRUCTIONb-INSPECTION..FA"ILURE�TORUO',O SHALL.BE CONSIDEREb-A VI01_ATION tAI t)°POSSIBLE REVOCATION C?F THE.. pERBAIT: INSPECTION SCHEDULE Pre-construction, hay bale line l t day of construction '2 constructed- - - Project complete, compliance inspection. i ' di) t /' .--.8oard Of Southold. Town - Trustees [ s f 1 ) _ SOUTHOLD, NEW YORKki f ppp PERMIT NO. 5 pG .. _.- s' ` � DATE- . [.larch -'1, �iiiid, � } CC VE BEACH; FSTAIEti LLC OSSUED 7O _. _._ ._ '* Pursuant ,toithe, provisions,of .Cha'pfei, 15 of the Laws of +the Stefe of New Yorkra893;:and 'Chapter 404 of the Laws of the ` t State 'of New York 1952; and the Southold Town Ordinance en- ;titled "REGULATING AND-THE,,PLACING,OF OBSTRUCTIONS , e IN AND ON TOWN WATERS AND PUBLIC LANDS and the ' J 1 +'#REMOVAL OF SAND, GRAVEL OR ,OTHER;MATERIALS FROM , ELANDS .UNDER TOWN WATERS;" and in accordance with the = Resolution of The Board adop#ed at a.meeting held on . P.[arcn '{, 'toi „-and m consideration of the sum of.,-,$ on _0 paid by Co, e Beach E_tate f:uc � ! of .. .,Cold Spring N. Y. and subject to the { +' Terms and . Conditions listed on .the , reverse side hereof, of Soufh`old Town Trusfees authorizes and permits the following: LVctland Persnit'to improve the'E_tiisting iosd .,a„- a's depicted � on the sit Pim prepared P e aced b Hoe:a d Lti. Young last dated October 31q'; 2004.1 =` all in accordance with the detailed specifications as presented in' s fhe-originating application. s IN WITNESS WHEREOF, The said.Board of Trusrees'hkre- 'by causes its Corporate Seal to be affixed, and these .ppresents to be subscribed by a majority of the said Board -as of these.. dafe. . ' i ��� COG l,:�r:•+ '�t "� /C��_ �_, ' '" � � 4' �.: � in Y Artia to-tet`b,tabsent'I Trustees .� t�<`' �: \ c. , •�\+ v 4L.,®A. ! •• .Rr,�. •"'G !r.y t v CHARLES R.CUDDY D E C E ATTORNEY AT L AQP 445GRIFFINGAVENUE APR . RIVERHEAD,NET YORK 6 Ln-I D'Iailin,Address: SO JiFG -� 7 P.O.Bax 1547 Ffenei.�. ;x(631)369- - Rive&) d,NY 11901 E-mail: char es.cu ave= April 5, 2004 Mr. Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Cove Beach Estates, LLC -Letter of Credit SCTNI#1000-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Terry Enclosed is a Letter of Credit in the sum of$606,966.50 from the UBS AG Bank. Please have it reviewed and confirm that it is acceptable_ Very truly yours, Charles R. Cuddy d CRC:ik i Enclosures v S�2 PAGE ©=,'61 ' I 9 CF—ARLES R. CUDDY ,Attorney at Law Yds C:ri'fling .Avenue Riverhead, New York 11401 TO No.: (631) 36 -FZ00 Fax No.: (631)369-9080 { TO: IrviarX Terry FaxFax4, .65-31'6 �1 E 6E D V E (f Ll TE.LECOPTER COVER SHEET jj Total N;:mber oFpages?including cover .heet SAY 3 2004 1 if transtri3sion is raLdt,,or ncorn iez--, p'I235e inf,-rrr, iic Hi sncr as pcissibl . Southold Town Operator: Iveov:a Dvle: Maj-3, 2W14 PlanningBoara I Re: C;o.•e Reach Esb: ties Please auv:seus o`the status if dhe Letter of%redi-.and the"?oad Maintenance 6 grmementforxarded to you r. April 5. 2.-04 C:har.es R. C:ucdy _......o.....----a.....---------------------------------------------------- v- Thea-rax lramsmmion Avgdfhz w;,m arruarin&folk,inA•arc intended for rise pert•rn nrpersm.,.,Pumice herevlr andere ', coati:lererf s.�uferi�wrtiaf rnformafiar,.. I�'yau Army rerci++er!rhes trrrnsanir.riefn in c+rnt,pnu are rGteclad to raturu rheve ,rsntcriais tmrvccrirre'p hr reg;+lar mail lu she.eesder ei rhe a3nvc txl.lrcxs. Postage incurred for nccterurs will be paid ------------ -----firm:; PAGE 01r01 � f CHARLES R. CUDDY Attorney at Law 445 Griffrng Avenue Riverhead, New York €1901 Tel,No.: J631)36?�-82ft0 Pax No., (631)369-9090 T€7: IN.ark Tartu FRI, E c E Fax 4: '6'3r3 liz -VuxcOPIER COVER$BEET APR 2 2 2Cu4 Total Number of pages ] inciudmg cover sheet. If transmission is fault},or incomplete, please inform us as soon asp sable. Soufro!d Yav n Pla�nic;Scar.' Operator: 1wgPa Ante. April 21,2004 j Comments: I Re. Cove Beach Estates -Mease advise whether-tha Letter of Credit and the Maintenance Agreement have been approved so we may pscceea.o obtain linai scbdivisim,, approval. I Charles R Cuddy I - This l,,t�rren.Pmfssian tngati+ee:uith rtiateriol:fnGmning are intended far rte pCRaa w per.Pnras.named Aerean and are cone:dera caqZaenlial i&formwi&& 1/you bare retched duP oramm&dw..iu error, you we directed to rcturn there nmateria.•r imwsediafc4r hr regairr mail do Ae sender at the abowe address, the raurn will be paid kv Phi.P�rmt ufFoc PLANNINYN BO OODMEMBERS O SEE %-4 P.O. Box 1179 JERILChair Town Hall, 53095 State Route 25 �y Southold, New York 11971-0959 RICHARD CAGGIANO ,y � Telephone (631) 765-1939 WILLIAM J. CREr ERS ® KENNETH L.EDWARDS Fax (631) 765-3136 MARTIN H.SIDOR ®1 �a0 , PLANNING BOARD OFFICE TOWN OF SOUTHOLD yTo: Patricia Finnegan, Town Attorney 1 i j From: Mark Terry, Senior Environmental Planner Date: April 19, 2004 Re: Proposed Road and Maintenance Agreements Mill Creek Farms (SCTM#56-1- 11.1 Proposed Letter of Credit for Cove Beach Estates (SCTM#22-3-9.1, 18.1, 18.7 and 18.8.) Proposed Road Maintenance Agreement Cove Beach Estates (SCTM#22-3-9.1, 18.1, 18.7 and IS.S.) Attached are the proposed documents as described above. Please review the Letter of Credit for acceptability to satisfy the performance guarantee requirement. The amount is incorrect and will be modified. Note that the Road Maintenance Agreement is proposed to be held by a corporation. This is not the norm. What liability does the town incur with this proposal? The ROW does not meet specifications for the dedication to the Town and therefore, cannot be dedicated in the event of default. } i r .Terry, Mark From: Terry, Mark Sent: Friday, April 16, 2004 2:27 PM To: Richter, Jamie Subject: Cove Beach Fire Wells i I just recieved a response from the East Marion Fire District. They are requiring 4 electric Fire Wells. I am fowarding the map for you review. In addition, if you are in agreement the bond estimate needs to be amended prior to adoption ii t r i I i ST MARION FIRE DISC CT Board of Fire Commissioners PO Box 131 - Main Road - East Marion, NY 11939 (631) 477-0163 Fax (631) 477-8310 Email: EMFDistrict@optonline-net 9 iI 1 { April 8, 2004 9 _ Mr. Bruno Semon, Sr. Site Plan Reviewer E C Planning Board Town of Southold, 2004 t 1 PO Box 1179 APR 9 2004 ` Southold, NY 11971 - - -- — rmurt: Dear Mr. Semon, sowhuld= Planning Bard The Board of Fire Commissioners, in consultation with the Chief of the Fire Department, have made the following requests in regard to the three projects sent to us for our review. Gala Holistic Circle, Shipyard Lane, East Marion- 1) Drawing C1.0-three locations for fire hydrants 2) Request fire access to the marina area for fire protection Hellenic Snack Bar, Main Rd. East Marion 1) Hydrant location at west entrance Cove Beach Estates, Main Rd. East Marion 1) Drawing #1-one electric well location 2) Drawing #3-three electric well locations Please contact us if further information is required. Thank you very much for requesting our input. Very truly yours Walter Gaipa Fire District Secretary O�gU ,( FFO( cD JOSHUA Y. HORTON �� �� JAWS A. RICHTER, R.A. SUPERVISORi ENGINEER TOWN HALL - 53095 LLUN ROAD ' TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (516)-765-1366 y�o1 a0� Tel.(516)-765-1560 OFFICE OF THE ENGINEERUj02Urtnhj0nB TOWN OF SOUTHOLD BOND ESTIMATE COVE BEACH ESTATES Route 25,East Marion,TOWN OF SOUTHOLD SCTM 91000-022-03-9.1,18.1,18.7&18.9 DATE March 29,2004 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 5.6 ACRE CLEARING&GRUBBING $ 2,500.00 $ 14,000.00 2- 9,500 C.Y. ROUGH GRADING/ UNCLASSII-IED EXCAVATION -ROADS 2.00 19,000.00 3. 680 L.F. BELGIANBLOCK CURBING 10.00 6,800.00 4. 13,000 SY. FINE GRADING 1.50 19,500.00 DRAINAGE 5. 26 EACH CATCH BASINS 2,000.00 52,000.00 6. 831 V.F. 10' DIAINIETER LEACHING POOL 300.00 249,300.00 7. 288 L.F. 18"DIAMETER DRAINAGE PIPE 25.00 7,200.00 8. 910 L.F. 15"DIAMETER;DRAINAGE PIPE 20.00 18,200.00 SURFACING 9_ 985 C.Y. o"STONE BLEND or RCA BASE 40.00 39,400.00 10. 1,304 TONS ASPHALT BINDER COURSE-(2 14"Thick) 60.00 78,240.00 11. 782 TONS ASPHALT WEARING COURSE-(1 ! "Thick) 60.00 46,920.00 12. 100 S.Y. CONCRETE DRIVEWAY APRON 30.00 3,000.00 13. 3 EACH STREET LIGHTS 2,000.00 6,000.00 14. 25 EACH CONCRETE SURVEY MONUMENTS 100.00 2,500.00 15. 14,825 S.Y. TOPSOIL&SEED 2.00 29,650.00 16. 5 EACH STREET SIGNS 200.00 1,000.00 17. 2 EACH FIRE WELL 15,000.00 30,000.00 18. 250 EACH STREET TREES 200.00 50,000.00 19. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 3,000.00 BOND-TOTAL, S 675,710.00 +6°o ADMINISTRATION FEE S 40542.60 TOTAL .AAIOUNT S 716,252.60 COUNTY OF SUFFOLK STEVE LEvY SUFFOLK COUNTY EXECLMVE DEPARTMENT OF PLANNING THOMAS ISLES, AICP April 14, 2004 E LOW 1_0 V E Ms.Jerilyn B.Woodhouse Jr.,Chair Town of Southold Planning l3d, Main Road SmAhold Town PlmningBoarti Sautho"d, NY 11971 Preliminary--.Final Plat Name: Cove Beach Estates Tax Map#: 0100-022-03-18.3 SCPD File No.: S-SD-84-2.5 Dear Ms. WoodhoUse: Pleas_e�e�ladvisedtlratpurs,uant tb Sectid.n A14-24, Article)(IV of ib.6 5�ff6lk,County A-drainistiative Code,-the above,referral xvill. not be reviewed by the Suffolk County Planning Commission because of no.neompliance with requirements for notice and maps as stipulated in the Suffolk County Planning Commission Subdivision Guidebook." The staff has checked the above referenced referral and find that it is incomplete and that the following items are required: Copy of PLT Conservation Easement not attached in Town referral as indicated. In Copy of FEIS finding statement not attached in Town referral as indicated. Sincerely, Thomas Isles, _AJCP n Ire to' 0 4dreoiv P Freleig,AIOC Principal Planner ,kPF:ec. U. 2C *NOTE: Please consult-the S�ffolk_'Coun' Planning Commis-siot'iSubdi�,i�loii�Guid6b'obk-f&f- �ornplcte ty re.ferral—requirements. This Guidebook can also be found on the Internet a xN,��,�x,.Co.Suffolk.NY.US../PlarLnin.ai'GUII)BK98.html. LOCA70N MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P. 0 BOX 5 100 IS 16) B-3-5190 1 00 VEPERANE MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 768-OC99 TELECOPER IS 1 6) 8�3-4044 4, 2LI 313639c_G PAVE 01i62 e .r7q� ,.eM1A �I j' CHARLES R. CURDY Attorney at Law ` J 445 Grilring Avenue 1 Riverhead,New York 11901 j So��:�c;dB,�•i S ^Iznnins JI Tel No,: (631.)369-823J Fax a.: (531)369-9080 TQ: Mark Terry Fa-_# 765-3136 TELTCOPTER COVER SHEET Teal Dumber of pages 7 including cover sheet. I`transmission :s faulty or incomplete, please inform is as soon as possible- Operator: Iwara Date: April 14,2004 Comments; Re: Cove Beach Estates I recvvec the Inrermational Details and `dilater Supply Narrative Request [arm and I attached that £Jrm with t: a responses and ask if'this is satisfactory form se I can have it signed and submit it. Charles R. Cuddy T/d v fax 1rammission ra p!Aicr with miateiials JoRawing are intended far ilea, cffjm orpersons Rmned hereon and are crm4dared confidential rnfarnearlar. of you have rceeroed rldc transtmssror in error,you are direeted to rotas[base materials by regular prod i+ the verde, u,:ncc above address. Pastape incurred far f.4e return wijT Ag pmw f.y'L"s faun. I' I 1 04%14l2r J" 15:5? 6S'3F390:a PAGE 02/02 id ,B D.INFORMATIONAL DETAILS AND WATER SUPPLY NARRATIVE REQUEST Attach any additional information as may be needed to claj*your project. If there are or may be any adverse impacts assoe ated witb your proposal, please discuss such impacts and the measures which you � propose to mitigate or avoid them. !. Provide cxplat tion of existing site use, occupancy-. strucrures�sanitary flow,water use; compare to proposed use,occupancy, structures, sanitary flow,water rise. Vacant fared Indicate the 5ousec of water supply, nearest public water main,nearest pudic wC11 field, and + =j sclaccntprivArewelts (if krawn). Private wells i .+, 3 If publie water supply is proposed, indicate the ability of the water utility to provide water supply to the prgyect. Provide letter of water availability or detailed expianation of status of review by water utility. ! Pr ivate wells I: it it 4, if privat;water supply is sroposcd, indicate the well specifications,water quality based on w-sitc w'atcr , quality daze. Provide 5urrolk County Qcpa!*.mcnt of Health Services approve!or derailed Gcplanaaen of status of rcvim, by aa^cnCy. " The Suffolk County Department.)f Health Semites approval received; endorsed final map submitted to the Planning Board. i. ladicate proposed water conservation measures that will mitigate for unavoidable adverse impacts(If any). Conswvation mcasurns should ine!udc,bus not be limited:o; a. The u„c ol`droo¢ht tolerant plants fcr landscaping. b. The pmsenation o€existing native vegetative buffers. e. The conservation of existing open space areas. Through the Peconic Land Trust and as shown on the final map and drainage plan. (sec final map and drainage plan) d. The implementation of"natural”stcrmwater management practices{g.ass sw•alcs, Filter strip;, creased wetlands,ote...), (See Tinal map and drainage plan) E. VERIFfCATTON certiA that tltc infonnat:on provided above is true to the best of my knowledge. A- lioant/Sponsor Name Date Signature Titic Tf the action is in the Coastal Arca: and you are a state agency, complete the Cea_etal .kssessmen:Foran bc£3rz proceeding with this assesar ant. If FROM "`1 FAX No. �1. 23 2003 e3:09PM P1 V5 TO: MRS. WOODHOUSE p C FROM: WASNE ROCK D DATE: 4/13/2004 APR ] a 2004 RE: COVE BEACH ESTATES E i $RuJ'wid TovYq Pl2nni g Ecard The following pages are rough diagrams that should be considered when entering Cove Beach Estates. Cove Beach Estates can transplant cedar and privacy trees at the front entrance so East Marion remains a beautiful j community. Cove Beach Estates should transplant the trees. ASAP before the warm weather arrives. Cove Beach Estates saved hundreds of cedar trees for this purpose. The State owns the sidewalk and Cove Beach Estates should repair the damage immediately. Remove unnecessary tools from the sidewalk so we have a safe community. Thank You Wayne Rock 477-0089 cc: Valerie Scopaz Mark Terry Denise Markut -POM FF; NO. l: 23.2D03 03['09PM P2 .A � R 00 CPO ofto 00 w y Q6Q 1501, ai, r sae rS �-''� a °l_S� 1W�„3.J �.+ f i�-♦k���,A! i ..y.'S ��� h,l '� htF � i f, _= 1� �r Z �� �• A 1 �_f t�F•9 +I'�1 A 'ems-: ,' � y.� '♦ ����� � ���� � :tit � ., �� p �k r -. F `rr j � .w �� i t5 W it +G h ]� wX*�V'Y ♦ 1• Y 1 ' � r ..�. I z1v�%oF- CHARLES R.CUDDY n ATTORNEY AT L XT 445 GRIFFING AVE NUE RIVERHEAD,NER YORK nlaihae address: TEL: (631)369 8200 P.O.Bos 1547 FAX: (60-1)369-9080 Riverhead,NY 11901 I _ F- nJ_c}Il)r cu.ld-r..rd ecru.`ret Apri19, 2004 APR 13 2604111 Mr, Mark Terry 1 Southold Town Planning Department - SOuthold Town Hall ac d rvr 53095 Route 25 P.D. Box 1173 Southold, NY 11971 Re: Cave Beach Estates, LLC -Major Subdivision SCTM4100.0-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Terry: In accordance with the Planning Board's resolution of March 9, 2004, we are enclosing a certified copy of the recorded Amendment of Conservation Easement. Please make this part of your file. Very truly yours, Charles R. Cuddy CRC:ik Enclosures l I 1 1111111 IIIIIIIII IIIII IIlllllllllllll IIIII IIIA IIII IIII 1111111 IIIII IIIII IIII f III SUFFOLK COUNTY CLERK RECORDS OFFICE j _ RECORDING PAGE .1 u Type of Instrument: EASEMENT/DOP Recorded: 04/09/2004 a Number of Pages : 12 At: 11:47 :29 AM Receipt Number : 04-0040.927 TRANSFER TAX NUMBER: 03-37793 LIBER: D00012312 PAGE: 663 District: Section: Block: Lot: 1000 022 . 00 03 .00 009 . 001 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $36 . 00 NO Handling $5 . 00 NO COE $5. 00 NO NYS SRCHG $15 . 00 NO TP-584 $5 . 00 NO Notation $1. 50 NO Cert.Copies $7 . 80 NO RPT $70 . 00 NO SCTM $0. 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $145 .30 TRANSFER TAX NUMBER: 03-37793 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County I ` l ` . Number of pages TORRETNS erio Prior r f-# - ,: ,'.''''- - I .•,i .. -, . : U:,,.I '. _ I_•..`ii .,Rai :,I ' i ' ii • '• „�,. / dtngV e bfartgage Amt. Page r - - HarxdIin I Basic Tait 53a 2.Additional Tax 1 I� - Notati'on $' LO V + j� Sub Total EP.52 171' untyY. i Sub Total t _ SpecaAssit: Or E.4-5217(State) Spec. /Add. R.P.T.S.A. i .4-•� 2o o ��s��'027 TOT.b[TG. TAX Ed: r Dual Tbscn Dual County Comm.of cd: 5 00 Held for Apportionment Affidavit Transfer Tax Mansion Tax The property cocered.b} this mortgage is or Reg-Copy will be improved by a one of two family Sub Total t 1 dwelling only. Other G 30 YES or NO - - -J - if NO, see appropriate fax clause on page 9 GRAND TOTAL ^-1 of this insiruatent. S PROu Real Proper-;,Tax Service Agency Verification 6 Corrntt.unitTr Preservation Fund erre Dist. Section B lock _ Lot Cortrsideration Amount S - _ 1X.eosL s-ta Sta„ 1000 022,00 p3.00 6�9`1 CPIATaxDue S t177- Date3llg j ,I C'o G ®--2-2,00 -03--.00 0 i5--t`o l Improved lnitialsbOV IC00 022,(70 .03.00 Vacant Land is 73 :Satisfactions/Discharges/Releases List Property Owners Mailing Address TD / (J RECORD&RETURIN TO: TD. Charles R. Cuddy, Esq. TD 445 Griff-ing' Ave. P.O. Box 1547 Riverhead, NY 11901 s 'Titre Company fnfbrmafion Co. Name Title # 9 Suffolk County Recording & Endorsement Paye This page forms part of the attached. Amendment of Conservation Easement made bv: (SPECIFY T RE Or 1NSTRUMEN1.) Cove Beach Estates .. LLC - The prenises herein is situated in SUFFOLK COLNTT” NENN YORK. TO In the To',Nm ip of Southold Peconic Laid Trust, .Inc. In theiRLLAGE or,1-U&ILET of €as=klacina BOXLS 5 TFRU 9 MUST BE T-IT ED OR PREF T ED IN BLACK INK ONLY PRIOR TO RECORUING OR FILFNTG-- "•t""': ' Ab1ENDMENT OF CONSERVATION EASEMENT fri 1 ' THIS DEED OF CONSERVATION EASEMENT, is made on the 13 tL day of 700 at Southampton,, New York- The parties are Raoul J. Witteveen, on behalf of Cove Beach Esta[ ,LLC with an address at 368 Daniels Lane, Sagaponack,NY 11962 (herein called "Grantor"), and the PECONIC LAND TRUST, INCORPORATED,a not-fox-profit New York Corporation, having a principal office at 296 Hampton Road, P.O. Box 1776, Southampton,New York 11969 (herein call"Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of 98.38-acres of certain real property located in the Town of Southold, Suffolk County, New York, more frilly described in SCHEDULE A attached hereto, made a part hereof,and hereinafter referred to as the "Property"; and Whereas. Grantor has previously granted to Grantee a Conservation Easement dated 12/29/95. recorded in the Suffolk County Clerk's Office on 12/29/95 in L. 11756 cp. 282. Said Easement reduced the density of the subject Property from 34 to 26 units and is knorNn as the 1995 Easement and Whereas, Grantor has previously granted to Grantee an Amendment of Conservation Easement dated 12/18/96.recorded in the Suffolk County Clerk's Office on 12/31/96 in L. 11808 cp 661. Said Amendment of Easement reduced the density of the subject Property from 26 to 17 units. and is known as the 1996 Amendment; and Whereas, Grantor has previously granted to Grantee a Conservation Easement dated 12/29/97, recorded in the Suffolk County Clerk's Office on 12/29/97and recorded in L. 11869 cp 975. Said Easement reduced the density of the subject Property from 17 to 10 units, and is known as the 1997 Easement; and Whereas. Grantor has progressively reduced the density of the Property from thirty four(34) to not more than ten(10) units; and Whereas. Grantor is the owner of a 5.5-acre parcel of Property contiguous to the westerly side of the subject Property, identified as SCTM#1000-22-3-9.1, and is further described in SCHEDULE B. attached hereto, and is shown on EXHIBIT A, attached hereto; and Whereas, Grantor wishes to amend the aforementioned Conservation Easements to incorporated said 5.5-acre parcel into the Open Area of the aforementioned Conservation Easements to reduce the density from two (2)residential units to none, to preserve the property in perpetuity: and Whereas, in exchange for grant of easement over said 55-acre parcel, Grantor wishes Grantee to release a 3.3-acre portion of property from the existing Open Area so that the 3.3-acre parcel may be placed within the Development Area of the aforementioned Conservation Easements so that it may be developed with no more than 2 units. Said 33-acre portion of property is identified as part of SCThI# 1000-22-3-18.8,and is further described in SCHEDULE C, attached hereto, and is shown on EXHIBIT A, attached hereto; and Whereas, this exchange would place the 5.5-acre parcel into the Open Area in perpetuity, and remove the 3.3-acre parcel from the Open Area and place it in the Development Area. Said exchange would result in the net increase of 2.2-acres to the "Open Area"; and Whereas,the 5.5-acre parcel contains important wetlands, wildlife and habitat and could be improved with(2) two residential units and the 3.3-acre parcel contains old field, making the 5.5-acre I. parcel more desirable for conservation protection; and ll Whereas,both Grantor and Grantee have commissioned an appraisal that establishes that the hill monetary value of the 5.5-acre parcel exceeds that of the 3.3-acre parcel: and Whereas. Grantor and Grantee wish to amend the existing Conservation Easements as provided in the 1995 Easement, the 1996 Amendment, and the 1997 Easement, to further their conservation purposes by shifting 3.3-acres from the Open Area to the Development Area and adding 5.5-acres of environmentally sensitive habitat to the Open Area and thereby increasing the Open Area by 2.2-acres. tr� J NOW THEREFORE; 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in SCHEDULE A, SCHEDULE B. AND SCHEDULE C, except that the Property is subject to a mortgage held by the BANK OF AMERICA.N.A., dated November 1, 2000 and recorded on November 14, 2000 in the Suffolk County Clerk's office in Liber 19784 of mortgages, page 719. BANK OF AMERICA, N.A., the holder of the mortgage. has executed a subordination agreement recognizing the terms of this easerrient.and subordinating its mortgage.to the easement. Said subordination agreement is beingreeorded in the Suffolk County Clerk's office prior to the recording of this'easement 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a 501(c)(3) qualified not-for-profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, (hereinafter called "the Cotte"),and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural. scenic and open space values of Lural lands located in New York State. 0.03 Purpose Grantor and Grantee hereby amend the 1995 Easement, the 1996 Amendment, and the 1997 Easement to further the conservation purposes of the documents by protecting a 5.5-parcel of environmentally sensitive habitat. and adding a total of 2.2-acres to the overall"Open area" of the protected Property. AlJ other terms and provisions of the 1995 Easement,the 1996 amendment, and the 1997 Easement remain in full force and effect. 0.04 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the term of this Amendment and the previous Easements and Amendment, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open land, as determined by the Board of Directors at a duly continued meeting of that Board on august 13, 2001. 0.05 Documentation Both Grantor and Grantee acknowledge that the condition of the Property has not changed since the granting of the 1997 Easement. The baseline documentation has been updated accordingly, so that any and all documentation given pursuant thereto is still relevant and applicable to this amendment. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings and forbearances contained in this Easement, the parties agree upon its provisions. intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This Deed conveys an amendment to the 1995 Easement, the 1996 Amendment, and the 1997 Easement as provided in Section 7.02 of the 1997 Easement. All the terms of the prior easements except those specifically amended herein, shall retrain in full force and effect. Reference to the 1995 Easement, the 1996 Amendment, the 1997 Easement, and their provisions in this Deed shall include any and all of those covenants,restrictions, rights, terms, and conditions and are incorporated herein. 1.02 Duration This Amendment shall be a burden upon and run with the Property in perpetuity. OWN 1.03 Effect The covenants,terms, conditions,restrictions, and purposes of this amendment shall run with the property as an incorporeal interest in the property, and shall bind the successors and assigns of each of the parties respectively. This amendment shall extend to and be binding upon Grantor. Grantor's agents, tenants,heirs,personal representatives, successors and assigns. Any rights,obligations, and interest herein granted to Grantee shall.also be deemed granted to each of its agents, successors„and assigns and each such following successor and assign, and the work"Grantee when used herein shall include all of those persons and entities. ARTICLE TWO GIFT GRANTOR, as an absolute gift,hereby grants, releases and conveys to Grantee, this Amendment of Conservation Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE THE AMENDMENT 3.01 Amendment A. The 5.5-acre parcel of property described in Schedule B is hereby incorporated into the Open Area of the 1995 Easement, the 1996 Amendment, and the 1997 Easementand is subject to all the terms and conditions thereof. B. The 33-acre parcel of property described in Schedule C is hereby incorporated into the Development Area of the 1995 Easement, the 1996 Amendment, and the 1997 Easement and is subject to all the terms and conditions thereof. i C. The 1995 Easement, the 1996 Amendment, and the 1997 Easement are hereby amended to provide that Grantor shall have the right to construct no more than twelve (12) single-family residences with appurtenant structures and improvements reasonably necessary to serve such residences including. without limitation, driveways, garages. storage sheds, septic systems. and leaching pools. swimming pools,pool houses, tennis courts, or other family-scale athletic facilities. D. All other terms and conditions of the 1995Easemeat, the 1996 Amendment, the 1997 Easement shall remain in full force and effect. ARTICLE FOUR Miscellaneous 4.01 Warranties The warranties and representations made by the parties in this Amendment to the 1995 Easement, the 1996 Amendment, and the 1997 Easement shall survive its execution. 4.02 Recordine Grantee shall record this Amendment of Conservation Easement in the land records of the office of the Clerk of the County of Suffolk. State of New York, 4.03 Headines The headings, titles, and subtitles herein have been inserted solely for convenient reference, and shall be ignored in it construction. 3 s 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 J� ACKNOWLEDGED AND ACCEPTED: } COVE BEACH LLC BY: � Vitteveen(Grantor) f 1 a sf ! ACKNOWLEDGED AND ACCEPTED: ! PECONIC LAND TRUST.INCORPORATED (Grantee) BY: IAIv. (� J v.H. Halsey resident STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this / day of/i1,;re.I7in the year 2004 before me, the undersigned, personally appeared Raoul X Witteveen, personally 1:nowu to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (ate) subscribed to the within instrument and aclmowled.ged 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. — zlgza4 �' Notary Public CHARLES R:CUDDY. Notary Public,State of New York No.5872225 Qualified in Suffolk County Commission Expires December 31,2sC STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: STATE OF NEW YORK SS: COUNTY OF SUFFOLK i, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERT THAT I HAVE COMPARE THE ANNEXED COPY O DEED LIBER a AT - . .-- (_ RECORDED G" O AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL EAStMItNT AND OF THE WHOLE THEREOF. N TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID _OUNTYAND COURT THIS DAY OF CLERK 12-0166..4,96cb SCHEDULE Ai Metes and Bounds Description of the property SCHEDULE B: Metes and Bounds Description of the 5.5-acre parcel(Open Area) j SCHEDULE C: Metes and Bounds Description of the 3.0-acre parcel also known.as Lots 11 & 12 (Development Area) s 1 3 r i 5 SCHEDULE "A" . Cove Beach Estates at East Marion, Town of Southold, New York i &G.T.M. No.: 1000-22-3-15.1 & 1000-22-3-18.3 Surveyor's Description - Entire Parcel ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected,.situate, lying and being at East Marion,Town of Southold,County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road at the southeasterly corner of land now or formerly Frank R. Russel and Others, said point being situate 1776 feet easterly as measured along the northerly side of Main Road from the intersection of the northerly side of Main Road and the easterly side of Stars Road: RUNNING thence from said point of beginning along land now or formerly Frank R.,Russel and Others the following four (4) courses and distances: 1. North 23 deg. 22 min. 16 sec. West 211.37 feet, 2. South 60 deg. 31 min. 44 sec. West 27.55 feet, 3. North 25 deg. 15 min. 16 sec. West 402.42 feet, 4. South 72 deg. 32 min. 04 sec. West 52.24 feet to land now or formerly Ronald Edeen, Jr. and.Barbara Edeen; RUNNING thence along land now or formerly Ronald Edeen, Jr. and Barbara Edeen the following two (2) courses and distances: 1, South 77 deg. 58 min. 14 sec. West 155.85 feet, 2. South 74 deg. 31 min. 54 sec. West 59.26 feet to land now or formerly Frank E. Begora, Jr. and Iris R. Begora; RUNNING thence along land now or formerly Frank E. Begora, Jr. and Iris R. Begora the following two (2) courses and distances: 1. South 78 deg. 29 min. 54 sec. West 295.42 feet, 2. South 27 deg" 26 min. 06 sec. East 11.58 feet to land now or formerly Myron B. Brown; RUNNING thence South 76 deg. 28 min. 04 sec. West along land now or formerly Myron B. Brown 180.74 feet to land now or formerly John Psaroudakis and Luz Psaroudakis; RUNNING thence North 24 deg. 08 min. 36 sec. West along land now or formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E. Cook 932.76 feet to a point; RUNNING thence South 65 deg. 51 min. 24 sec_ West still along land now or formerly Dorothy E. Cook 137.75 feet to the easterly side of a certain 16 foot wide right-of-way through land now or formerly Dorothy E. Cook; RUNNING thence along the easterly side of said right-of-way the following two (2) courses and distances: 1. North 24 deg. 41 min. 56 sec_ West 529.80 feet, Page 1 2. North 23 deg. 47 min. 16 sec. West 269.74 feet to a point; RUNNING thence still along land now or formerly Dorothy E. Cook the following three (3) courses and distances: 1. North 65 deg. 51 min. 34 sec. East 141.21 feet, 2. North 24 deg. 08 min. 36 sec. West 206.00 feet, 3. North 25 deg. 26 min. 56 sec. West 311.78 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thence along land now or formerly'Otto Uhl, Jr. at al. North 61 deg. 16 min. 04`sec. Easy 1'56.76 feet to land now or formerly Constance J. Terry; RUNNING thence along land now or formerly Constance J. Terry the following ten (10) courses and distances: 1. South 25 deg. 31 min- 36 sec. East 836.45 feet, 2. North 65 deg. 47 min. 54.sec. East 288.00 feet, 3. North 24 deg. 12 min. 06 sec. West. 176.10 feet, 4. North 24 deg. 38 min. 46 sec. West 113.47 feet, 5. North 23 deg. 32 min. 36 sec. West 110-05 feet, 6. North 25 deg. 39 min. 46 sec. West 101.00 feet, 7. North 23 Deg. 04 min. 56 sec. West 88.65 feet, B. North 26 deg. 21 min. 26 sec. West 100.90 feet, 9. North 28dig. 48 min. 16 sec. West 101.34 feet, 10. North 33 g. 26 min. 56 sec. West 68.56 feet to land now or formerly Otto Uhl, Jr: et al.; RUNNING thence along land now or formerly Otto Uhl, Jr. et al, the following four (4) courses andidistances: 1. North 61 deg. 22 min. 14 sec. East 97.62 feet, 2. North 24 deg. 21 min. 26 sec. West 833.61 feet, 3. North 45 deg. 03 min. 26 sec_ West 67.42 feet, 4. North 02 deg. 48 min. 04 sec. East 527.67 feet to the approximate highwater mark of Long Island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound the following fifteen (15) tie line courses and distances: 1. South 83 deg. 14 min. 46 sec. East 28.26 feet, 2. South 62 deg. 51 min. 09 sec. East 201.85 feet, 3. South 13 deg. 33 min. 58 sec. East 39.20 feet, 4. South 41 deg. 24 min. 15 sec. East. 85.68 feet, 5. South 35 deg. 17 min_ 27 sec. East 447.02 feet, 6. South 54 deg_ 42 min. 50 sec. East 142.20 feet, 7. South 61 deg. 51 min. 04 sec. East 142.78 feet, 8. South 67 deg. 52 min. 44 sec. East 167.49 feet, 9. South T3 deg. 20 min. 32 sec. East 501.35 feet, 10. South 70 deg. 23 min. 39 sec. East 215.43 feet, 11. South 73 deg. 28 min. 00 sec. East 227.73 feet, 12. South 71 deg. Q6 min. 21 sec. East 210.19 feet, 13. South 82 deg_ 49 min. 39 sec. East 69.50 feet, 14. South 76 deg. 56 min. 14 sec. East 108.12 feet, 15. South 81 deg. 51 min. 42 sec. East 321.20 feet to land now or formerly Robert W. Gillespie, Jr_ and David Gillespie; RUNNING thence along land now or formerly Robert W. Gillespie, Jr. and 'David Gillespie South 06 deg. 24 min. 34 sec. West 198.78 feet to the approximate Page 2 T � highwater mark of Dam Pond; RUNNING thence along the approximate highwater mark of Dam Pond the following thirty-three (33) tie line courses and distances: { 1. South 89 deg. 19 min. 53 sec, West 73.94 feet, ' 2. North 75 deg_ 37 min. 52 sec. West 48.78 feet, 3. North 87 deg. 59 min. 45 sec. West 58.54 feet, 4. North 89 deg, 33 min. 38 sec. West 37.38 feet, 5_ North 63 deg. 46 min. 47 sec. West 46.02 feet, 1 6. North 85 deg. 42 min. 49 sec. West 63.84 feet, 7. Forth 66 deg, 04 min. 49`sec. West 2,8.08 feet, 8. SDuth 33 deg. 57 rain. 52 sec. East. 180-87 feet, 9 South 18 deg. 42 min. 02,sec. East 110.06 feiat, 1O. Nort[ ,89 deg. 10 min. 25-sec. East 85._79:feet, 11. South,38 deg. 23 min. 13 sec. East 81.33.feet, 12. South' 24 deg. 1.6 min. 05 sec. East 73.11 fleet, 13. South 51 deg. 10 min. 48 sec. West 49.25 feet, 14. South 32 deg. 39 min_ 33 sec. East 56.55 feet, 15. South.26 deg. 04 min. 43 sec. West 53.12 feet, i 16. South 82 deg. 54 min. 21; sec. We.# 46.53 feet, 17. North 77 deg. 57min. 30 sec. West 146.19 feet, 18. South 63 deg. 05 min. 10 sec. West 64.68 feet, 19. South 04 deg. 56 min. 12 sec. West 73:36 feet, 20. South 2.3 deg. 18 min. 55 sec. East 5$195feet, 21. South 55,deg. 4.8 min. 53 sec. E=ast 32,68 feet, 22. North 86 deg. 48 min. 55 sec. East 82,98 feet, 23. South 75 deg. 54 min. 56 sec. East 68;05 feet, 24. North 55 deg. 39 min. 06 sec. East 61'.71 fee , 2 . North 14 deg. 48 min. 34 sec. East 92.74 feat, 2 . North 53,deg. 31 min. 16 sec. East 24.33 feat, 27, South 07 deg. 39 min. 07 sec. Ebst 31.57 feet, 28. South 11 'deg. 06 min. 27 sec. 1IVF,e.st 49.53 feet, 29. South 19 deg. 55 min. 03 sec. East 106:82 feet, 30. South 56 deg. 03 min. 02 sec. West 48.86 feet, 31. South 77 deg. 01 min. 56 sec. Wiest 61.30 feet, 32. South 79 deg. 24 min. 50 sec. West 79.63 feet; 33. South 16 deg. 48 min. 29 sec. West 20.:47 feet to land now or formerly it Joseph Frederick Gazza; RUNNING thence along land now or formerly Joseph Frederick Gazza , along land now or formerly Bernice Lettieri, along other lands now or formerly Joseph Frederick Gazza, and along land now or formerly Andrew Lettieri the following thirteen (13) courses and distances: j 1. North 87 deg. 08 min. 46 sec. West 103.77 feet, 2. North 00 deg. 35 min. 14 sec. East 9.00 feet, 3. North 89 deg. 05 min. 36 sec. West 450.01 feet, 4. South 89 deg. 43 min. 34 sec. West 520.88 feet, 5. South 25deg. 30 min. 06 sec. East 608.15 feet, 6. North 81 deg. 12 min_ 16 sec. West 312.90 feet, 7. South 32 deg. 12 min. 06 sec. East 144.10 feet, S. South 27 deg. 10 min. 36 sec. East 71.14 feet, 9. South 27 deg. 49 min. 46 sec. East 111.96 feet, 10. South 25 deg. 15 min. 36 sec. East 598.78 feet, 11. South 26 deg. 45 min. 36 sec. East 387.32 feet, 12. North 63 deg. 01 min. 44 sec. East 23.10 feet, 13. South 25 deg. 30 min. 16 sec. East 242.90 feet to the northerly side of Main Road; Page 3 Ii r RUNNING thence along the northerly side of Main Road South 83 deg. 03 min. 14 sec. West 86.62 feet to the point or place of BEGINNING. CONTAINING an area of 98.3783 Acres. SUBJECT to all rights of way, easements and or covenants of record, if any. Page 4 �r S C H E L U L E "B" BEGINNING at the southwest corner of the premises herein to be described, distant the following three (3) courses and distances from the northerly side of Main Road (N.Y-S. Route 25) ; (1 ) North 09 degrees 27 minutes 00 seconds West, 124.20 feet; (2 ) North 10 degrees 01 minutes 00 seconds West, 263.40 feet to a monument; (3) North 11 degrees 50 minutes 20 seconds West, 262.00 feet; RUNNING THENCE North 11 degrees 50 minutes 20 seconds West, 974. 50 feet to a`mdnuTnent; THENCE North 11 degrees 46 minutes 10- seconds West, 196. 87 feet; THENCE South 57 degrees 05 minutes 50 seconds West, 79 .47 feet; THENCE North 12 degrees 22 minutes 40 seconds West, 21 .36 feet; THENCE North 57 degrees 05 minutes 50 seconds East, 79 .80 feet; THENCE North 11 degrees 06 minutes 20 seconds West, 89.15 feet; THENCE North 10 degrees 37 minutes 30 seconds West, 225.46 feet; THENCE North 11 degrees 56 minutes 30 seconds West, 126. 14 feet; THENCE North 10 degrees 39 minutes 10 seconds West, 151. 92 feet; THENCE North 11 degrees 15 minutes 10 seconds West, 99.97 feet; THENCE North 13 degrees 27 minutes 40 seconds West, 174. 98 feet; THENCE North 75 degrees 06 minutes 20 seconds East, 149.17 feet- to a monument; THENCE North 74 degrees 11 minutes 10 seconds East, 10.79 feet; THENCE South 12 degrees 31 minutes 50 seconds East, 311 . 78 feet; THENCE South 11 degrees 13 minutes 30 seconds East, 206 .00 feet to a stake; THENCE South 78 degrees 46 minutes 40 seconds West, 141 .21 feet to a stake; THENCE South 10 degrees 52 minutes 10 seconds East, 269 .74 feet; THENCE South 11 degrees 46 minutes 50 seconds East, 529. 80 feet to a stake; THENCE North 78 degrees 46 minutes 30 seconds East, 137.75 feet; THENCE South 11 degrees 13 minutes 30 seconds East, 751.83 feet; THENCE South 78 degrees 09 minutes 20 seconds West, 149. 94 feet to the point or place of BEGINNING. SCHEDULE C Lot 11 &12 All that certain plot,piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, State of New York, more particularly bounded and described as follows: BEGINNING at a point on the northerly side of the Main Road(NYS Route 25) where the same is intersected by the za;[erly lint of land now or formerly Frank Jt. Russel and others and from said point running northern along'the easterl3 I ine of Frank R,Russel-and offers Elie followrng'tlrree courszs and i distances: i 1. North 23 degrees 22 minutes 16 seconds West, a distance of 211.37 feet to a point; 2. South 60•,degrees,31 minutes 44 seconds West, a distance of 27.55_feet to a point; 3'. Notlt 25 degrees 15 minutes' 16 seconds West, a distance of 402.42 feet to the true point or place of BEGINNING, ' RUNNING THENCE front said true point or place of beginning along the northerly line of land now or t• formerly Frafrk,k Russsel and others, South 72 degrees 32 minutes 04 seconds West, a distance of i 52.24-11eet;to land now or formerly Ronald Jr. and Barbara Edeen r RUNNING THENCE along land now or formerly Ronald Jr. &Barbara Edeen South 77 degrees 58 minutes 14 seconds West, a distance of 155.85 feet to a point; RUNNING THENCE still along land now or fonnerly Ronald Jr. &Barbara Edeen South 74 degrees 1 31 rrdnutes 54 seconds,West, a distance of 59.26 feet to land now or formerly Frank E. Jr. &Iris R. Begora; RUNNING THENCE along land now or formerly Frank E. Jr. and Iris R. Begora South 78 degrees 29 minutes 54 seconds West, a distance of 216.78 feet to a point; RUNNING THENCE northerly through land of Cove Beach Estates, LLC North 25 degrees 28 minutes 42 seconds West, a distance of 277.99 feet to a point; RUNNING THENCE easterly through land of Cove Beach Estates, LLC North 64 degrees 31 minutes 18 seconds East;a distance of 40835 feet to a point, RUNNING THENCE southerly through land of Cove.Beach Estates, LLC the following four(4) courses and distances- 1. South 25 degrees 28 minutes 42 seconds East 43.58 feet; 2. On the arc of a curve to the left having a radius of 375.00 feet for a distance of 122.97 feet; 3. South 44 degrees 15 minutes 59 seconds East 46.38 feet, 4. On the arc of a curve to the right having a radius of 539.63 feet for a distance of 179.06 feet to the point or place of BEGINNING. x. UBUS AGS� 01 New York Branch 299 Park Avenue New York,New York 10171 Tel. 212-916-2000 Date: APRIL 2 , 2004 SWIFT Address : UBSWUS33 SOUTHOLD PLANNING BOARD TOWN OF SOUTHOLD MAIN ROAD SOUTHOLD, N.Y_ 11971 IRREVOCABLE STANDBY LETTER OF CREDIT N0: Y034116 On behalf of Cove Beach Estates , LLC, NYS Route 25, East Marion, New York, we hereby issue in your favor our Irrevocable Letter of Credit No _ Y034116 up to an aggregate amount of USD 606, 966 - 50 (US Dollars Six Hundred and Six Thousand Nine Hundred and Sixty Six and 50;100) effective immediately and expiring at our office located at 677 Washington Boulevard, Stamford, CT 06901 on April 3 , 2006 . Funds under this Letter of Credit are available by your sight draft (s) drawn on us , indicating our Credit No . Y034116 accompanied by: "Beneficiary's signed statement certifying that Cove Beach Estates, LLC has failed to complete certain site improvements for the final plan of "Cove Beach Estates Subdivision"', as called out by resolution of the Southold Planning Board in the amount of $ . 11 It is a condition of this Letter of Credit that it shall be deemed automatically extended without amendment for one additional year from the present, unless forty-five (45 ) days prior to any such date, we shall notify you in writing by certified mail or courier mail at the above listed address that we elect not to consider this Letter of Credit extended for any such additional period- In such an event, the Letter of Credit may be drawn on in the full amount - Draft (s) drawn to state: "Drawn under UBS AG Letter of Credit No _ Y034116 dated April 2 , 2004. " We hereby engage with you to honor your draft (s ) as specified above when accompanied by documents in conformity with the terms and conditions of this Letter of Credit when presented to: UBS AG, 677 Washington Boulevard, Stamford CT 06901, Attn: Letters of Credit Dept- All correspondence regarding this Letter of Credit must also be sent to this office mentioning our LC No _ Y034116 _ Except as far as otherwise expressly stated herein, the Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revi on) International Chamber ( Commerce Publication No_ 500 . Very truly yours, ! UBS AG ., New York Branch ( John Garbarino .ran Martel.# \Associate Director Director Operations DPeratione r I I I CHARLES R.CUDDY D E C E pW E ATTORNEY AT LAZY 415GRIFFINGAVENVE APR 2: 2DD4 RnrERHEAD,NER'YORK ��Ainy Address: - - ��. ) - P.O.Box 154PCar#EX9 3 ))I 69- Rivezhead,NY 11901 `E-ma" : cliaxles-cuddvCwexizon-net March 29, 2004 Mr. Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route 25 P.O-Box 1179 Southold, NY 11971 Re_ Cove Beach Estates, LLC -Major Subdivision SCTIVI#1000-22-3-9.1., IS.1, 18.7, 18.8 Dear Mr- Terry: Pursuant to your letter of March 26, 2004, enclosed is the Final Plat and Road and Drainage Plan each stamped with the DEC approval. Very truly yours, Charles R Cuddy CRC:ik Enclosures CHARLES R.CUDDY I1 E C E V E ATTORNEY AT L aRC U D 45GRIFFINGAVENUE PH _ 2 �OC¢ RIVERHEAD,NEW YORK i hlailina Addzees. SOuthGid '. 31�369- P.O.Box 15-17 P12201g �,+: 631 369- '0 Riverhead,NY 11901 E-mail: chasles.cuddy@venzon.uet April 1, 2004 i Mr. Mark Terry Southold Town Planning Department Southold Town Hall 1 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Cove Beach Estates, LLC -Major Subdivision SCTAT91000-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Terry: Enclosed is a Road Maintenance Agreement for Cove Beach Estates. The responsibility for the road maintenance is with the corporate type entity (Cove Beach Estates, LLC). By this agreement, the road maintenance will be under the control of the LLC, although, each of the lots may be taxed separately if the road is separately assessed. Since, the open space, which is 2/9 of the subdivision, is under the control of the Peconic Land Trust through the recorded Deeds of Easement and the road is separately provided for, there is no need for a Homeowners Association. As this is virtually the last subdivision requirement outstanding, I would appreciate your review of this Road Maintenance Agreement as soon as possible. V/eery truly yours, Charles R. Cuddy CRC:ik Enclosures C DECLARATION THIS"Declaration ("Declaration") is made this day of 2004, by Cove Beach Estates,LLC hereinafter referred to as "Declarant," and by Ocean Point Development Corp. as owner of the road which services the 5 lot subdivision adjoining the Cove Beach Estates land. WHEREAS,the Declarant is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State,of New York, known and designated on the Suffolk `County Tax Map as-Distiict 1000, Section 22; Block 3, and Lots 9.1 and 18.7, 18.8 and p/o 18.1 and Ocean Point.Development Corp_ is the owner in fee simple of real property situate in the Town of Southold,County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1..000 Section 22 Block 3 p/o Lot 18.I,and.with the 5 lots known and designated on the Suffolk County Tax Map as District 1000 Section 22 Block 3 Lots 3, 28,29, 30 and 31. f' WHEREAS, Declarant has made an application to subdivide the Cove Beach real :property into twelve (12) lots, as shown on the subdivision map of Cove Beach Estates, LLC prepared by Young& Young, and WHEREAS, Declarant desires to provide for maintenance and management of the roadway which provides ingress and egress to the 12 Cove Beach subdivision lots and willP rovide access to the adjoining 5 lot subdivision on the west, (together referred to as the "subdivision lots"); NOW, THEREFORE, for purposes of carrying out the intentions above expressed and in consideration of the foregoing recitals, the Declarant hereby covenants and agrees that the subdivision lots shall hereafter be subject to the covenants and restrictions as herein cited. All the provisions of this Declaration shall operate as covenants running with the land and shall be binding upon all purchasers and holders of the subdivision lots, their heirs, successors and assigns, to wit A.ROAD DESIGN AND CONSTRUCTION The Cove Beach subdivision roads shall be located as shown on the subdivision map and shall be paved to a width of 16 feet and run a distance of approximately 5,000 feet. Title to the roads known as Cove Beach Drive and Stoney Beach Road, shall remain with Cove Beach Estates, Page 1 of 6 LLC its successors or assigns with its use subject to this Declaration, and title to the road known as Stoney Beach Road Extension shall remain with Ocean Point Development Corp. its successors or assigns subject to this Declaration. Together Cove Beach Drive, Stoney Beach Road and Stoney ;Beach Road Extension shall herein be referred to as "the roads". B. 1VTAINTENANCE AND MANAGEMENT OF ROADS 1. The owners of each of the subdivision lots hereby covenant and agree that Cove Beach Estates, LLC (hereinafter referred to as Cove Beach Estates)through its agent with the agent being designated in writhig,by Cove Beach Estates, and with the initial agent being Enzo Morabito, shall manage, administer, maintain and operate the.subdivision roads in accordance v6th the provisions of this Declaration. Cove Beach Estates through its agent hereby agrees to provide year-round management of the road as a right-of-way in accordance with normal, customary and responsible management practices, which,practices include but are not limited to: a. The routine maintenance of the roads, including but not limited to, litter collection, snow removal and repair of the pavement as necessary to keep the road in good working order_ b- The use of agents, subcontractors or employees deemed by Cove Beach Estates to be reasonably necessary to carry out its responsibilities under this Declaration. 2. Cove Beach Estates agrees to maintain in effect at all times a policy of public liability insurance having a face amount of not less than $1,000,000. All costs for such insurance shall be considered as part of the Management Costs as stated in Paragraph C, below. 3. In addition to the insurance provided above, Cove Beach Estates shall be named an additional insured on individual homeowner policies for each of the lots, and each homeowner shall maintain liability insurance of not less than $1,000,000. C. MANAGEMENT COSTS I. Cove Beach Estates,through its agent, in its sole discretion, shall- a. Prepare an annual budget and except as to Lots 11 and 12 apportion to the subdivision lot owners an equal share of the costs of managing the road on a yearly basis (hereinafter referred to as "Maintenance Costs") including, but not limited to, the costs of administration, taxes, insurance, maintenance, repair, and a reserve fund fee. All maintenance costs shall be paid within thirty(30) days of the mailing of the "Maintenance Costs" statement. Owners of lots 1 I and 12 shall each pay 25% of a share as assessed to the fifteen (15) lots owners. Page 2 of 6 b. Maintain a"Reserve Fund" for extraordinary repair and replacement of the roads. Money for the Reserve Fund shall be held and accounted for separately from the general funds. The Annual Reserve Fund fee for each lot shall be computed by totaling the estimated payments from each of the Lot Owners necessary to reach the amount necessary to replace the road over a fifteen(15) year period. Likewise the owners of lots 11 and 12 shall each pay 25% of one (1) share. b. In the event that unforeseen extraordinary expenses arise and sufficient funds are not available in the above described Reserve Fund, Cove Beach Estates may recommend a special { <.assessment which.must be approved by a simple majority of,all`Lot Owners. All Lot Owners so assessed shall be;obligated to promptly pay the amount of the Special Assessment to Cove Beach Estates. D. TAX ASSESSMENT a. In the event the roads are assessed by the Town of Southold and real property taxes are required to be paid thereon it is understood and agreed that the real property tax for the roads will be apportioned among the lot owners and included in the tax bill for each lot. In addition Cove Beach Estates,LLC will request that the road tax be apportioned among the subdivision lots equally except to lots 11 and 12 which should be assessed only'/,(25%) each of the share of the tax attributed to the other(15) lots. E. PERN'IPTTED AND PROHIBITED USES 1. Declarant hereby declares that the roads shall be used by the Lot Owners, their guests and invitees subject to the following restrictions: i a. When installing, maintaining, or otherwise servicing utility and service lines, Lot Owners shall have their respective agents, employees, contractors and subcontractors, and other representatives (i) use reasonable care not to damage the road; (ii) minimize the disturbance of shrubbery or other vegetation along the road,- and (iii) upon completion of repair or maintenance, restore the road substantially to the same condition as existed at the time of commencement of the work. b. The road shall not be used for the dumping or abandoning of any solid waste or debris on or along its length. c. No construction or installation of any structures of any kind, permanent or otherwise(including, but not limited to, gates), may be made without prior written consent of Cove Beach Estates- Page 3 of 6 d. No construction or installation of any structures and/or landscaping which serve to impede sight lines along, entering upon, or existing from the road may be made. e. No alternation or modification of the road, once constructed, will be permitted without prior written consent of Cove Beach Estates. F.TERMS OF PAYMENT 1. All Maintenance Costs, Reserve Fund fees, and Special Assessments as detailed above shall be billed to the Lot Owners in their proportionate share and shall be required to be ! paid within thirty(30) days after the date of the"Maintenance Costs'statement is mailed by Cove j Beach Estates. 2. The Lot Owners shall comply with the terms of this Declaration. In the event that any Lot Owners fails to comply with the terms set forth herein within thirty(30) days after notice of violation is given by Cove Beach Estates, then Cove Beach Estates shall have the right and power to enforce by any action or proceeding at law or in equity, all the terms of this Declaration including but not limited to obtaining a judgment for the sum owing, including costs and reasonable attorneys'fee to collect the sum or sums owing. G. AMENDMENT This Declaration may be amended by Declarant, its successors or assigns only upon approval of the Planning Board of the Town of Southold and the office of the Attorney General of the State of New York. H. MISCELLANEOUS L If any section, subsection, paragraph, clause, phrase, or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 2. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein, and they are deemed to be incorporated herein arid made a part hereof as though fully set forth. 3. The within Declaration shall run with the land and shall be binding upon the Declarant, his heirs, successors and assigns, and upon all persons or entities claiming under them, Page 4 of 6 and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises. 4. All notices.required under this Declaration shall be mailed to the Lot Owners' addresses rather than to the property addresses unless other arrangements have been made by the Lot Owner_Notice shall be deemed effective when mailed_ 5. In the event that the Declarant is no longer in title to any portion of the subdivision, then the owner of Lot No. 1 on the subdivision map shall thereafter be responsible for retaining an „:,agent to manage,administer, maintain and operate the subdivision roads in accordance with the i .provisions of this Declaration. JIN WITNESS WHEREOF, the Declarant has executed this Declaration the day and year first above written. i' I f I Declarant: Cove Beach Estates. LLC By: Raoul J. Witteveen/President/Member STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) On the day of 2004, before me, the undersigned, personally appeared Raoul J_ Witteveen, personally known tome, or proved tome on the bis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 5 of 6 CHARLES R.CUDDY ATTORNEY AT LAT 445GRIFFING AVENUE RI\'FRHEkD,NEW YORK 1,1.l g A d=,s: TEL: (631)369-8200 i P.O.Boa 1547 FAX: (631)369-9080 Rivex6.d,NY 11901 1 -mail: cliaxles.cudde(dveiizon.nat April 1, 2004 ( Mr_Mark Terry ra � � � 2 Southold Town Planning Department C E Southold Town Hall 53095 Route 25 P.O. Box 1179 APR - 2 2004 1 Southold, NY 11971 Southold Town Res Cove Beach Estates, LLC -Major Subdivision Pl;;nir>9aa; SCTA4#1000-22-3-9.1., 18.1, 18.7, 18.8 l Dear Mr. Terry: We are enclosing the approval determination made by the Town Trustees together with a copy ofthe application to wluch it refers. Please make this part of the subdivision file. Very truly yours, Charles R. Cuddy CRC:iIc Enclosures gUFFO( kbert J"Krupski, President Off+-. ,f•.: -Town Hall `Z` O - James King,Vice-President � s� y� 53095 Route 25 Artie Foster - o P.O.Box 1179 y: Z Southold,New York 11971-0959 Ken Poliwoda Peggy A. Dickerson dy ® O�� - Telephone(631) 765-1892 �a Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD I I l Please be advised that your application dated 3 $j of has been reviewed by this Board at the regular meeting of Sia- f( and the foilowing action was taken: (__Application Approved (see below) t Application Denied (see below) O Application Tabled (see below) If your application is approved as noted above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedule of rates as set forth in the instruction sheet. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: ot c n moi' 7 L.�� TOTAL FEES DUE: $__Q7_ '- Cc) , SIGNED: PRESIDENT, BOARD OF TRUSTEES Albeit J Yfrup'ski,Presidentc ? Town Hall James'King,Vice-President d l( 53095 Route 25 Artie Foster - � �GyP.O-Box,1179 Ken Poliwoda `,< Southold,New York 11971-0959 Peggy A.Dickerson y r Z Telephone(631) 765-1892 Fax(631) 765-1366 a BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE.REQUIR. .ED.TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES j. 72 HOURS PRIOR TO'GOMMENCEMENTOF T�iE WORK,.TO MAKE AN APPOINTMENT FOR A PRE=CONSTRUCT MINSPECTION. FAILURE TO DO SO . .;SHALL BE CONSIDERED A VIOLATION A DPOSSIBLE REVOCATION OF THE :PERMIT. QQ I INSPECTION SCHEDULE Pre-construction, hay bale line 1 st day of construction 'Y2 constructed . Project completes compliance inspection. Albert J.Krupski,President ��A 5, �� Town Tull James King,Vice-President .`a' 53095 Route 25 P.O.Box 1179 Artie Foster H Ken PoliwodaSouthold,NewYork 11971-0959 Peggy A.Dickerson _ � � ®.C� Telephone(631) 765-1892 - 1 Fax(831).765-1366 J BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ! Office Use Only ;i ;I n _Coastal Erosion Permit Application Wetland Permit Application Major _Minor - t _WaiverlAmendmendChanges _Received Application_ t _Received Fee:S 4 Completed Application___ _Incomplete _SEQR4 Classification: Type I Type If—Unlisted Coordination:(date.sent) _CAC Referral Sent-- -Date ent_Date of Inspection:_ _Receipt of CAC Report - --Lead Agency'Determination: _Technical Review: _Public Hearin held:- Resolution: - - Name of Applicant Cove Beach Estates, LLC Address P.O. Box 250 Cold Spring NY 10516 Phone Number:( ) (845) 265-7946 Suffolk County Tax Map Number: 1000 - 22-3-9.1. 18. 1 18.7 & 18.8 Property Location: North side of ?IYS Route 25 in East Marion, 1000' of east of Kayleigh's Court in East Marion (provide LILCO Pole#, distance to cross streets, and location) AGENT.- Charles P._ Cuddy, Esq. . (If applicable) Address: 445 Criffing Ave. , P.O. Box 1547 Riverhead, NY 11901 Phone_ (631) 369-8200 Board of Trustees Application GENERAL DATA Land Area(in square feet): 104.40 acres Area Zoning: R-80 7 Previous use of property: vacant land Intended use of property- 12 lot subdivision Prior permits/approvals for site improvements: Agency Date NYS Department of Environmental Conservation November, 2003 Suffolk County Department of Health Services December 31. 2003 x No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? x No Yes If yes, provide explanation: Project Description(use attachments if necessary): The applicant in conjunction with the Peconic Land Trust, has proposed a 12 lot subdivision on 104.40 acres in East Mkrion. The existing roadway at this site runs close to a small pond. The road improvement could impact the pond. Board of Trustee=s Pppl .c2iLon WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Pond#1 shown on the subdivision map may be impacted by repaving the existing road which provides i ingress and egress to the site. Area of-wetlands on lot: less than 400,0'Square feet 1 Percent coverage of lot.. 1110 o f 1 % Closest distance between nearest existing structure and upland edge of wetlands: 20 feet Closest distance between nearest proposed structure and upland edge of wetlands: 20± feet Does the project involve excavation or filling? X No Yes If yes, flow much material will be excavated? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A _ feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited:' N/A Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): With the mitigate measures there should be no adverse effect. 6tZ20 SELIR PROJE� ID NUM6ER APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM - for UNLISTED ACTIONS Only PART -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1.APPLICANT'SPONSOR 1 2.PROJECT NAME - CoveReach .Estates, LLC Major Subdivision - �- 3.PP•0JECT LOCATION: 1 - Municipality East Marion County Suffolk - 4.PRECISE LOCATION:.Street Addess and Road Intersections, Prominent landmarks etc -or provide mao North side of NYS Route 25 in East Marion, 1000` of east of Kayleigh's Court, East - _ Marion 'r 5.IS.PROPOSED ACTION: �' New _ - {�Expansion Modification V altaration (. LJ - 6.DESCRIBE PROJECT BRIEFLY: The exisitng roadway at this site runs close to a small pond. The road improvement could impact the pond. i t f F} t I i 7.AMOUNr OF LAND AFFECTED: Ini5ally 1•52: acres Ultimately - 1-5± acres 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? -�'❑Yes F-1 No It no,describe briefly: - 9 WHAT IS PRESENT LAND USE. IN VICINITY OF PROJECT? (Choose as many as apply-) - - �Residential F]Industrial 0 Cammercial ❑Agriculture F]Park/Forest/Open Space Other (describe) i 10. DOES ACTION- INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, Stateor Local) - --FYes F-1NoIf yes, list agency name and permit / approval: Southold PLanning Board — subdivision approval - 11DOESANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? - - Yes No If yes, list agency name and permit V approval: Suffolk County Department of Health Services—. subdivision approval DIYS Department of Environmental Conservation—subdivision approval 122t,AS A. RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL.REQUIRE NTODIFICATION? D'es ❑' No _ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY IUIOWLEDGd ?,ppricant V Sponsor Name Cove Beach Estates, LLC by; Charles R. Cuddy, Agenlb.,, 3/3/04 Signature_ ��_ .c _ = _ >'• If the actiohis a Costal Area,and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART 11 - IMPACT ASSESSMENT(To be completed by Lead Agency) A. DOES.ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRPy PART 617.4? If yes,coordinate the review process and uselthe RILL E4F_ t �'fe_ El No. -B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR LNLISTED ACTIONS IN 6 NYCRR,PART 5176? If Ne,p negaflve declarationmray be,superseded by another involved agency. -• _Yes .0 No -'C. COULD ACTION FESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may he handwritten,if legible) C7:Existing air quality,surface or groundwaterquality or quantfty,noise levels,existing trafrtc pattern,solid waste production or disposal, potential foremsion,drainage orflooding problems?. Explain brieffy: _ C2 Aeslhetic,agricultural,archaeological,hirtoric;,or other natural or cultural resources or community or neighborhood character?[Explain briefly:� C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly- 14 fr C4 A cornmuni}'E existing plans or goals as officially adopted ora change in use or intensny oruse'of land or other natural ressources. Explain briefly,.— 05. rieflyC5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: _ C6. Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly: C7- Other impacts(including changes in use of either quantity or type of energy? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? If s,e Iain briefly: efl - D Yes El No _ _ E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain Yes �Na PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) - INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant- Each effect should be assessed in connection with its(a)setting(i.a.urban or rural);(b)probabilibj or occurring;(c)duration: (d)irreversibility;(a)_ geographic scope;and (f)magnitude_ If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes,the determination of significance must evaluate the potentiaf impact of the proposed action on the environmental characteristics of the CEA. Checkthisbox if you have identified one ormore potentially large or significant adverse impacts which MAY occur.Then proceed d�re fy to the FUL E,F and,ror prepare a positive declaration- Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed actio WILL NOT result in any significent adverse environmental impacts AND provide, on attachments as necessary,;the reason's supporting thi r determination. - - Name of Lead Agency Date Print or Type Name of Responsi leificer in Lead,agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparar(If different from responsible officer r Board of Trustees Application County of Suffolk- State uffolkState of New York { { Estates, LLC Charles R. Cuddy, Esq. , Agent for Cove beach BEING DULY SWORN I DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S)-AND THAT ALL STATEMENTS CONTAINED HEREIN=ARE r TRUE.TO THE BEST OEHIS/FIERKNOWLEDGB AND BELIEF, AND THAT ALL WORK ' 1 WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND As.NIAY ! BE APPROVED BY THE SOUTROLD TOWN BOARD OF�TRUSTEES! THE APPICANT AGREES'TO'HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM A�q,Y AND.ALIS DAMAGESAND CLAMS ARISING UNDER ORBYVIRTUE`OF.SAIDPERMTI(S);:IFGRANTED- MCONIFLETINGTHIS APPLT'ATIO ,?IIIEREB rUTHORIZETHETRIJSTEE5 IFIEIItAGENT(S)'OR REPRE SENIATIVES(S); IO ENTER ONTOILYFROPERIX>TO`IlTSPECATI3E PREIVZ<SES IN CONI7NCTION WI7T3 REVIEW OF T HIS API'LICATIOIV- Signature SWORN TO BEFORE ME THIS 3rd DAY OF Tarch 2004 I Notary Public E' MONA KODYM Nctely Public, State of New York No. olKo6cems Qualified in Suffolk County Commission Expires march a, 2&`'' 'k I� APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM i The Town of Southold's Code of Ethics prohibits conflicts of interest on the par[of town officers and emplovees_The purpose of -this form is to provide information winch can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAiE: Charles R- Cuddy, Esq. Agent for Cove Beach Estates, LLC (Last name,first name,riddle initial,unless you are applying in the name of - I someone else or other egtity,such as a company.If so,indicate flit.other _ person's or cumpanys name.) j NAME OF APPLICATION: (Check all that apply,) Tax grievance _ 1 Variance — Change of Zone Approval of plat _k F' Exemption from plat or official map 1 i Other r. (If"Other',name the activity_) I Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or em�loyee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest.`Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO Y If you answered"YES",complete the balance of this form and date and sign where indicated- Name ndicatedName of person employed by the Town of Southold Title or position of that person , Describe the relationship between yourself([he applicandagentirepresenfative)and the towm-oMcer or employee. Either ch'' ck - the appropriate line A-)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): _ A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); - C)an officer,director,partner,or employee of the applicant;or _ D)the actual appticam_ DESCRIPTION OF RELATIONSHIP - Submitted.this '`r• davof Plarch 2004_ Signature :l _a7y,_ � s�J Print Name C a��s R. .Cud��sq. Board of TZUMt&Qg Application AUZBMZAT=CW +- (where the apPlicant is not the owaer) Beach Estates, LLC I,.R80u1 S. Witteveen Member, Cove residing at R.,O. 250 (prxAst owner of Property) {mailiag adds®sa) � - - Cold Spring, NY 10516 - �I dv h¢rebY authorise Charles A. Cuddy (Agent) to $PP1Y for Permit(s) from the southol"oard—ef` Town Trustees on my behalf. , --�ttiwper s signature) Raoul J. Witteveen, Member, Cove Beach Estates, LLC e lisF CHARLES R.CUDDY 6 ATTORNEY ATLAS' R'. �If,�R 26, C 7G04 445 GRIFFING AVENUE i RIVERHEAD,NET YORE Sautold Tawn m.i"g Address: Planrin BuarA 0 P.O.Bos 15- 7 FAY: (631)369-9060 - Rivesliead,NY 11901 E-mail: Aazles.cuddgCcexizon-net- March 25, 2004 Mr. Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route 25 P.0.'Box H79 Southold, IVY I1971 Re: Cove Beach Estates, LLC -Major Subdivision SC'TNT41000-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Terry- In accordance with the Planning Board's resolution approving a preliminary map, enclosed is a check in the surri of$60,000 as payment of the park and recreation fee. Very truly yours, Charles R. Cuddy CRC:ik Enclosures PLANNING BOARD MEMBEMS �gUFFO(,�c �� 0 P.O. Box 1179 JERILYN B.wOODHOUSE YYY °r G Chair ' = y` Town Hall, 53095 State Route 25 Southold, New York 119 71-0959 RICHARD CAGGIANO y. Rxj Telephone (631) 765-1938 WILLIAM J. CREMERS KENNETH L.EDWARDS ® o Fax(631) 765-3136 J MARTIN H. SIDOR �O! �q PLANNING BOARD OFFICE TOWN OFSOUTHOLD i J March 26, 2004 i Mr. Charles Cuddy, Esq. j P.O. Box 1547 Riverhead, NY 11971 Re: Cove Beach Estates, LLC SCTM#1000-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Cuddy: The Planning Board reviewed your letter dated March 10, 2004 requesting the start of surveying and cleating work within the right-of-way prior to receiving final approval. The Planning Board considered the conservation component of the subdivision and agreed to the tasks as outlined in the letter, recognizing that, the dates outlined are conceptual. In addition, the Planning Board is requiring that the New York Department of Environmental Conservation's stamp of approval are shown on all final plats submitted for final approval. If you have any further questions please do not hesitate to call me at(631) 765-1938. Sincerely, ark Terry Senior En onmental Planner Cc: Planning Board Daren Pfennig, Phennig Construction Corp. CHARLES R.CUDDY r1j'—/ (CrLj) ATTORNEY AT LAT 15 GRIFFINGAVENUE RIVERHEAD,NEW YORK t IvIeiliag Address: TEL: (631)369-8200 PO-BaY1547 FAX: (631)369-9080 I Riverhead.,NY 11901 E-mail: charles-cuddyC'veriz=-net March 19, 2004 Southold Town Planning Department Town of Southold l ; t aAR 2 2 2004 'f Main Road Southold, NY 11971 Southold Town P AttentionMark Terry PlanningBcard Re.- Cove Beach Estates Subdivision Dear Mr. Terry: In connection with the lot fine change, we are enclosing a certified copy of the recorded deed whereby Ocean Point Development Corp_ conveyed additional land to Cove Beach Estates in connection with the road dedication- The deed was recorded with the Suffolk County Clerk on March 18, 2004 in Liber 12307 at Page 979. We will shortly forward to you the recorded deed of conservation easement. Very truly yours, Charles R. Cuddy CRC:ms Enclosure 11111111.1111-IIIIflll,111111f1f Iif III1111f 1111111111111 a flllfl11111 Illll�llfl 1111 SUFFOLK COUNTY CLERK RECORDS OFFICE t RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 03/18/2004 R Number of Pages: 4 At: 10 :02 : 01 AM Receipt Number : 04-0030433 TRANSFER TAX NUMBER: 03-34219 LIBER: D00012307 PAGE : 979 OCEAN POINT DEVELOPMENT CORP COVE BEACH. ESTATES LLC District': Section: Block: Lot: .1000 022 .00 03 .00 018 . 010 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $12 . 00 NO Handling $5 . 00 NO COE $5. 00 NO NYS SRCHG $15 . 00 NO EA-CTY $5 .00 NO EA-STATE $50 . 00 NO TP-584 $5 .:00 NO Cert .Copies $5. 00 NO RPT $30 . 00 NO SCTM $0. 00 NO Transfer tax $0 .00 NO Com .Pres $0 .00 NO Fees Paid $132 . 00 TRANSFER TAX NUMBER: 03-34219 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County Jl Number of pages - TORRENS i s Scrral - - L - ! ' t t C Certt6caEe' - - Elm - Prior Ctf.�ff - . . . Deed l orr_3g rnstrcurcLH Decd MIrtga;e t3•_Stamp - .F cording thinsSiamp r?4 . FEES r.: Pags f filing Fee f. I•fon5ae�.mut. . - 1-Fandling .� ... _.. - 1:Basic-Taz - - TP-584 7 1 Additional Tax Notation Sbb Total Er-52 17(County) 'Sub Tota! Spec_/Assit. Or E.4-5217(Stat ei 5 Spec-/Add. r� R_P.I:S A. ys ;u TOT. hITG TAA Comm, of Ed. 5 00 Dual Town Dual County . Held for Apportionnic L ems. Affidavit •, + �ti - -_; a .. LransferTaY Certified Copy �1�,�'�S Ddansicn Tax The property covered by this mortgage is or Reg. Copy will be improved b a one or two family . Sub Total" dwelling only Other J fr �j YES ocNO GRAND TOTAL ✓✓ If NO, see appropriate tax clause on page 4 01 this instrument: L- J Real Property Ta $e�VdCE Agencv Verlift:aupr! b- C'Oia'aa`rl ud3lS YlcSci i 3`Lla7ra $'US3d I Dist. Section Bleck Lot o' ideration_linotrrit'$ ! — pa e of 134011602 1000 02200 0300 016010 %C1PF Tax Duej $ 1�• St p , r F `J - Improsed Date (Ft CFE A'� 18-MAR-01 I� Vacant Land Initials 7 I Satisfactions/Discharges./Releases List Property Owners Mailing Address TD �7 RECORD& RETURN TO: TD I TD Charles R. ' Cuddy, Esq. 445 Criffing Ave_ \ (' P.O.. box 1547 V Riverhead, NY 11901 s 'Title Company Information , Co. Name Title 9 SUMIIC COUP Ya'Peon bng &Endorsernent Page This page fcrtrns part of the attached DEED made bv: (SPECIFY TYPE OF INSTRUNIENT) Ocean Point Development Corp The premises herein is situated in SUFFOLK COUNTY,NEW YORK- TO, In the•Towmhi of Southold Cove Beach-- Estates:, LLC - I hiJe',!L'LACF - - orHaff ET of East Mr on ElS 5•TILRU'9 NIUS"f BE"f EL)ORPRINTED FV BLACK INK ONLY PRIOR TO RECORDING OR FILING- II f •,� ANY 005-2ar�ain and Satz Deed with Cavenan[3cLrt ,r r_Tu3„;d-„i .-.r Con I uou u.dc I r CONSULT YOUR_LA'W iER BEFORE SIGNING TIES[N'STRLNIENT-TWS INSTRlMENT SHOULD BE USED 81' LA%I 1ERS ONg-} y , a { THiS 1NDEN fLiBE made th l;t day of Ifar�h .n the tear 9ilrL 3 la G BET% TEN is a -t- `u f rx r 5 , 2�'-,+1 .Ii T, 111T Dh _L LOP1It11f CORP aving an:=':o`T#ice''a£ 9 Tia �.t' d>;ueriue', Sutr < Mets .ork, New Sock 10016 ;' :m part} fthefirst par[ and �':- r rlCl 4r 5 r ,1,1 F{ nr � y F4,tt i _ - f �- _ s x ' 3 liG•r r� 4 r 5' $ x '�'; # COC7E`BEAC EStAi,t.S,'[LLC Lia ani mz ottica• at'bg� XPi#"'k`'Ave'iLue iii + ,lTlys', 'New "3 1Xatk - Ne,a York .101016, part}:-of the secondpart: `• , - _ - ! - - 11'ITNESSETH,that the patty,of the first part,in consideration of Ten Dollars and other valuable•considetationpaid bythe_ party of the second part,does hereby grant and release untothe patty of the second part,the heirs.or.successors and assigns of. the'party ofthesecond part forever. ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,sit a[e,]}mPartd being in heT - atFEast -MArion, .Town.-of -Southold,- County. of. Suffolk and. State :of New 'York - ,more `partici larly bounded :and. described as -follows a.. . r '. SEE ATTACHED DESCRIPTION 1 i . I _ TOGETHER with all noht-title and interest,if any,of the party of the first part of,in and to'any streets and roads abutting the., _ - above-described.premtses.toakre centerlines thereof;TOGETHER with the appurtenances and all the estate and rights of the : - _ party of the-first.pan to and,td said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of,the party of the second part forever. I - - - AND the party of the first part covenants that the partyof the first part has not done or suffered anything whereby the said -• -- premises have been incumbered in anyway whatever, except as aforesaid. _I AND the party of the first part, in compliance with Section 13 of the Lien Law,covenants that the,party of the first part will _I receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement.before using any part of the total of the same:for any other,purpose. The.word "party"shall be construed as it it,read"parties"whenever The sense of this indenture so requires. IN 44TTNESS WHEREOF, the party of the firstparthas duty executed-this.deezT[licday and.year fist above written. � - IN PRESENCE OF: Ocean ,P.glnf' Development CQY_p_. - - RaoulWitteveen - ZsrzctisonT�D ii�rFo2+is¢otl�nrrtis `Y0itK s6Y UsrnzxvoftF acav�n!�``PTBW VdIR�vh'41TYGR�rTE �T jrN S'tnteoflVelti S-ork.lounq of - , }ss SriateofNevfYozk3C Wof k ..5-..� TOndlel` tda°, ct xr�h prtl@year,,2004, ,On°°the day df k mlteear .t kztxe me. theund�hrm d 1�ra�a.�h appeared the-undersign d--personallyiappe5ced j Paoill J. W1LLe'.e2R + n ;Y f ,1,i 4 r,i a1 11 5 11 �� a�ncfacfnn neG onallv.knowri to me or pmved to the on'ttie basis of sal s'factory I k=STATE OF'NEW YORK SS: COUNTY OF SUFFOLK I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE QQMPARED THE ANNEXED COPY OF DEED - 1610o3— ATPAGE Y T7 RECORDED ='1 r�_OV AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DEED AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID ' , r COUNTY AND COURT THIS gr DAY OF n 200Y CLERK 12-0156.10/021x1 Say 3Y e D _ - , wit n tlStraIneurana�xckmv...=oo-- - (if the place ofresidencets r'a czn znclude thestreetmzd srreermtirrber, The same in his/her/die-ir capacity(ies),that by his/her/their signature(s) i . if any. tbera'rr: that he :hehhe} l no\rr.a on the instrument,the indhidual(s),or the person upon behalf of which " the individual(s)actedjsxecated the ins[,ument,and that such individual „.. to'be the lridi\;dui described r, ono tuboex`ecute3 the for`egorng :made such appearance before the tmdeisigned in the- instrument;that said subscribing witness was present and saw said e% n[_ the- bi-ne: .,nd dt.,t paid wttrtdss at°6e lama Mune subscribed `(Insert thg cny orother polinealsubdn.rsion mzd the-state or comztry or ' hd, her[heir nalne, \°tine•• thereto.` otherplace the'acla[otvle,Igmentivas'ta'ken) :/�- , - . . . , r , w 1� , F � 1 �.B 4RG 4IN 8SaLE DEED R1TFiC0\EN.iNTS;Gdl bT GRdNTGR'S TrrcENo -. - DisrxtcT _ SEC'CJON_ E 'BLOCK --. - - - - -Aceau Point pelVelopinent Corp. LOT COUNTYORToWN - - - TO Cave Beach Estates, LLC RECORDED..ITREQUESTOF Fidelity National Title Insurance Cotmpany of New Yorl_ 1?LTU BYb1.41L�T0 FIDELIYN NaTI11NiLTITCEtNSURANCE 1 I;' COiVIP4NS OF NEW1-0Rh T t F° i tis + 14 i F'lLIPj/h, �..a.er � r C h } E ' / ,o i , = ILL 11 a.m.. SCHEDULE A , ALL that certaimplot, puce or parcel of land, with the buildings and imprdvemetits thereon f erected; situate lying and being at East Marion, Town of Southold; County of Suffolk and State of New York, bounded and desciibed as follows: BEGINNING at a point on the easterly side of land now or formerly Ocean Point Development, Corr -sa,ifi pr tr±hemg,46 ¢ het froze.tbe�sorrtheasterl}r-cotnerlaf laid il—6'r.)o'r`tnetty:Orean ` RUNNING thence from said po,'_rt of begiizning through land now or formerly Ocean Point Development Corp. the following four(4) courses and distances: k 1. On the arc of a curveto the right having a radius of 425.00 feet, for a distance of 208.2; feet, 6' 2- North 24 degree2l minutes 26 seconds Nest 508.06 feet, On the arc of a curve to the left having.a radius of 25 feet, for a distance of.34.83 feet, 4. On the arc of a curve#o the right having a radius of 60-00 feet, for a distance of 224.42 feet to land now`oe formerly,Cove Beach Estates, LLC,; RUNNING thence along]and now or formerly Cove Beach Estates, L ­LC,the following rivo (2), courses and disthuces 1.. South 45 degree 03 .tniriutes 26 seconds East 50.32 feet, 2 South 24 degree 21.minutes 26 seconds East 78699 feet to the point or place of BEGINNING. Containing an area of 1.0409 Acres. - 79 Eff_ C''f ire r s TAR200 + Z8A RECEIVED NOTICE TO ADLkCFNI,PROPER '; ER 2004 BOARD OF TRUSTEES,TOWN OF SOUTHOLD Southold Town cieri. In the matter of applicant: Cove Beach Estates, LLC SCT1b1# 1000-22=�-9. 1 1R_ T 1R 7 R.8 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: improve the existing roadway adjacent to a small, pond 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: North side of NYS Route 25, 1000' east of Kayleigh's .Court, East MArion, NY SCTM# 1000-22-3-9.1, 18. 1, 18.7, 18.8 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: March. 24, 2004 _ You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. ONVNERS NAME: Cove Beach Estates, LLC MAILINGADDRESS: P.O. Box 250 Cold Spring, NY 10516. PHONE #: (845) 265-7996 or (631) 369-8200 Enc: Copy of sketch or plan showing proposal for your convenience. _ M 0 z o AVN Z �Q n, m oe LPI 7 7 - -- LPI w C [J LPI fG Q a ^ � rll M M O {J o a w IM � --I- 0 �W C3 r �WA G w 3 "z c N U � a OWN CHARLES R.CUDDY T- ATTORNEY AT L a 14oGRIFFING.�l'ENUE R VERHEAD,N'FW YORK 1�'lailin A,11e,s: TEL: (631)369-&U) P.O.Box 1547 FAX (631)369-9080 Ri.,rhead,INY 11901 E-mail: cli Ies.cuJdyCaerizon.net March 11, 2004 u P Hand Delivered l ' Mr. Mark Terry Southold Town PIanning Department Southold Town Hall 53095 Route.25 P.O- Bos 1174 Southold,NY 11971 Ret Cove Beach Estates, LLC -Major Subdivision SCTM€k1000-22-3-9.t., 18.1, 18.7, 18.8 Dear Mr. Terry: In accordance with your request, enclosed please find the following: 1. Five (5)Road and Drainage Plans 2. Five (5)PFinal Plat maps If you require any additional information please advise. [Very truly yours, Charles R. Cuddy CAC:ik Enclosures 790am L F�V AW CHARLES R.CUDDY ATTORNEY ATLAS' 415 GRIFFING AV E NUE RIVERHEAD,NEV-YORK ASadmg Adrhese: TEL: (631)369-3200 P.O-Box 1547 FAX: (631069-9080 Riverhead,NY 11901 E-mail: ch.rle>.cuddvCY,erizon.nek March 11, 2004 D EC75-7z4 Mr- Mark Terry SoutholdTown Plannin De artment g P Southold Town Hall53095 Route 25 P.OBox I`J,7 Southold, NY 11971 1 Re: Cove Beach Estates, LLC -Major Subdivision SCTNI#1000-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Terry: Pursuant to the conditions of the resolution approving a preliminary map, enclosed is a copy of the DEC approval and permit. Please also confirm that the bond estimate is being reviewed by the Town Engineer. Very truly yours, Charles R. Cuddv J CRC:ik Enclosures New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40.-SUNY:$tony Brook,NetfYork 11790-2356 . � e Fhar3 `S' n•.44 a fi' ,, m�, Oy6a - 4=4X:(631)44-03C-0. ` Website.�vwuv.dec state.nY us Erin U.crony - Comml�inner Cove Beach Estates,LLC Dcoeomber l9,2003 c/o Inrerpool,Inc. 633 Third Ave. Ir Floor New York I•I_Y-100I7 Re' Permit.'#1-4738-03x50/000CdCoccBeaclaEstate�Suhdi�inion Bear Pezmittce: In X19 regulations a ion with the reciyirett 621 of the State Unifo=Procedures Act(Article 70,ECL)and its itxtplemtrxtirxeguIations SNY IUSMg _ We c uei'ully. If you are unable to comply with MY conditions,please conYPact us eruut,gt the P easebove re aall ddress. ditione Also The weathex enclosed is a permit sib which is to be oanspicuouslY ppsted at the project nice and protected from Very holy yours, Creorge W.Hauumarth Deputy Regional Permit cc:BMFIP Adinbrdstrator EOR File y r } 65•?.0.Ei�wao-15c P2 raNU YOFxsrATE7FPaRiMENi9P ENVIRON¢FENFAL EUMERVAMUN �k NECPagrtarNUMaen _ . . E1A.n4ry7iF3y8pF-0p96a1e5m0n/p0rd0a0ER4r�1 - [rrc,,xrn:)ar NEDAM mber l5,-PERMIT IJOe the Enwranmerrml Car ear tr"n Law(ECL) TYPE OF PERMIT(ChEckAIIA pfic8ble6oxes). New Q Renewal Modirrcation OPermit to Construct ����{{ ❑ Ample is,YNe 5: L_I Permit to a- t6 - Prot®Gionaf.WBtar ❑ AVIIGe t7,r.(!..7,$: AtlldEi7sTide If;BNYCRg an- I�—! MarartorrWEmiE Mariagemarrc. I ` ;dTttre lfi: Wa f�J WBIEr$SUpupply - ArGGe 19; . Air Poliulion Cardrpf Aflido 34: ^� CopB[21 Erpa;^rt:.Sl7iyyE.;,ept U Article 15'7-,Na,15: r--� Wafer rranYport tt`II IVII ree29, Rw27; NI!ned Land fteciamalfon ArVcla 36: Flcndplain MEnauemEnt Long Ialend Wells fl� AglCle 24: V FrEshyrEtar WElfentla � Anieles 7,3,17.i9,2Y,37;6NYCRR ❑ 8617 Radieu"n Corrfrol Article 15,Tlflp 2.': Wfld,s�nlp&Racreatloaal RIVe(s I r/ t Arlicla 28; r ' 1 T;dm Wegantls athor BNIYORR UGM - Water quality CertlficEtion ❑ SNf l Wa Tim 7:0HYCRR gap- --- 'F PF`lAVirrl53t1ae Tp Cove Bench Estates, LLC cfo Interpool, Iha teEPNQNervuniasR p appgEA4pFPERh+rtTEE (212)918-3261 (, 683 Th1mAve_ 171111Floor New York,N.Y.10017 h CONrAC7 PEi9eN FORPERMITr�p VdpRK _ F"20 Morablto-Douglas ElffMan Real E�9tata PO Box 1145 SoutholdN.Y, , 11971 ,�P roreENu�oER '� rrmn,=ArlNnopa6>u o�aRa �ecTirweknr - �(631)765-6005 Cove Heath EsiBtes,LLC Property North side LecnnvN W pROM-Cl FraGal:_ de of Main Rd.approxL 1000'east of KayleiA hs CL SCTM#1000-22-3=9-1,1310 13.1,18.7& 18 8 East Marian COUNTY FOM Suffolk 8Ou6QjCl WArE1WWF V1.VeT WN Na, oLonsllsland SoundIDa COO pw Es esca�rron of atRRea¢epac7wln•.. m.Pond - . E:723.7 N:4 557:3. SubdwiiCtaab'auriaa a1arcalinta'i2--,7sideritiatloisgridtwoppenspaceres®roea - . roed�wlth sclBsurraca dra;narge,sys6yrrj,The gLr[h lot a dtivo o shall the 1- s of Cove Beech Estates dated _ -Cone a paved access 5,23103,last revised 1013.1103"Ali d aµrngs re $Irped"NYSpEC q fiv,, hee�t"Final R"Onlha ed Dr tl,ro,�rsr eef-Map- oad&Drainage Plan"dated By EGL c� tnca of this permit, the permittee agrees that the permit 15 cvnrt - - . applicable regulations. the General Conditions s n9ent upon strict complianca W7h the Included as part of this perrllit, Par✓ffed(See Fage 2)and an S - Y Spacial Conditions - -- P61LtItTApuaNlsrRgFpR. - Caor aar.+rteas - - W. NAlnrrrartlT NYSDEC R1 DEP SUNY Building 40 Sta a�n�orzrzee s�wl'ruRE y, n YBreak; N_Y. 1173D-2356 - Page 1 oto NEW 1'�RK STATE NI:FF.RTWIENT-OF'FNV't�f3CJFdoi1ENTA4 CONSFRVFTIQN sFECtAL CONDMONS 1.The permittee sba11 ineorporare-the follovring language as a notice covcnant tP the deed of the 104A acte-parcel and each lot "F � Wdlby thoFatt;l viszou of tTus parcel author;zed under this pemair kegul,amdfreahwrieswedauds.associatedvilitFizlmater�Tetlaud$ystWn OlandregUlaIedtdaiwetlaPds839ociatedwtla 3 1 ouglslsodSotndaudDmnPo:tda:elocatednnthelU4.4art-paxcellq�tedwestofDaruPoadatsdsauthofT,ongSajandSUund � " - iiiFa:;[I�larioP,Toc�xxoTSoutholdM.nor+ma;11[e(:o+e2eactsE�an:,3ubdxvisic>Fx,SG11�f#1DOOZZ-31ats9.l,plal$.l,l$.7,18.$, ' tac properues of CoveBcach Estates,LLC and dtch heirs,aaiignrorsttcsessors. Thlaproperiyis's[tbjectto-tlioptnv'isimp£ Envtrcr[t[teacJ t:.Ptt9ervation.aw+(rCLt;.rt:les 34 and ?i,anti[he capduct'ofregulstedaciivities FF,ay actor onlypbrsuatxr�tb E(�. xdcle 3 24 and:y is prior appznx�l ie;roar[Y , tPe ticu t'nrk Statti�eparhuent oFLzavicmvncntaI Conservat oa(NYSDBQ ' orjtssuccessdz�s}.Aegu2aiedaaxt>z4cs:�clu&butarenot:Iiudtedtoc=iagofvegetatidu;appllcaYrono£chemicals;excava4ou; . . -gradinyzikd:filliuig;-sit$'erecnoF:.o'f?nystructrut(s}." - . This deed covenant shallbe recorded with the Ckxk of Suffolk County wither 90 days of-die issuance oftl>;s permit. A copy of tlie. or•malted deed or vflter wxptabk proof OfTIC eord,l[1=9 with the 71111ucr assigned to this Kpeen#x-Shx 11let sent withiA Qne _ r:al6ndaryealroftbeIssuance'oftbkp:rntittwFLi�G,RenionsilylanagelBureau-WHr ita;a3 if' 8gero NJaime Hablt_t Protection sUN Y kkIuUft9.4R Stony Brook,NewXor&11790»2355.:. 2.There shall,be no direcdnz of ave dlowftornt1w access road drainage systtw to thenrgrrlated freshwater wetland area or its 100 foot regutateSi adjamxLi also locoed on open Space Parcel E. - 3.Any work,;dfsturbance,and storage of coxtsttwdOn materials-tzn-be confined to within.the' molt of Cleating and Crroond i Disturbance"as drown on the approved'plaa. g 4.All areas ofzoil disturbance resulting from tltis projezt shall be seeded vrithmt appropriate perennial grass,andrunkhed with straw immediately upon completion of the project, whkin two (2) days of final grading,or by the expiration of the peomlt .; wlxichever is feat. Mulch shall be maintained until a witable vegetative cover is establisher. If seeding is i*,iacticable due tq the lime of year,a tetvpouatp Malch shall be applied and final seediug shall be perfonned as germination and growtb_. roan as weather conditions favor ^. k5.Suitable vegeWAve cover is defMad as It Miniillnm of 85%area vegetative cover wish coatigaous mrvegefated axes no larger f than 1 square foot in size. t. 6.All equip[nent and maebinery shall be stored and safely contained greater tlxan 100 feet landward Of the regnlated wetland or - water bodyattheend ofeachwozkday-. Thi8willsctvetoavoidthenadvectet[tlealffigaofdelat ioussubstancesigtvthe area- Fuel or ocher chemical stotage tanks shall be rontaaaed and located at all times n an ares regulated the regulated wetland or water body, if the above greater than 100 feet Lwdward of tgnedtt land o ware Sequtlewrtt cannot be net byte petwitttee,$,ay.the storage areas nest be des eemp any andallpotivniatieekage.3ttchacrnxtaintnehzsysienaFraustbeapptavedbyl�YSAECs�Tpziee to c4uipt a ,'machmery or rankatorage Within 100 feet of the regulated wetland or water body. , 7. All fill shall consist of clean soil, sand andlof gravel#lot b free of ft followxag substances;asphalt, Slag, flvash,broken . concrete,demoliuonde oris,garbage,IrouseHole8se,fires,woodymaterials irxcyudiugtree orlandscape debris,andrumlobiecrs. • The mtlgduClrOa Of fnA4mi [ Ppghf tc to agnabC hili FSsexpxCSaly ptoltlbrted_-. S.Ariy dcmvlirioa debris,excess consmrcavn tpaYerlal$,and/orexcess Meavated materials shall be ivmzediatcly and completely . dsposcdofoururapptaveduplaudsitemolet m100feetfromauyregnlatodfrmhw tarwetlaud.Thesematerialsshallbesuitably Stabilized so as not to re-enter s>xy water body,wetland,or werland adjacent area. 9.Prior to cPMMneneetment of any constroc activities, a uo]gfu Lceis row of Straw bales shall be staked end to and along the ,landtra rd e r e of the and t of clearing, grading&ground disttr[banee"line as shown on the approved plans.The be shall be f eP zep]aced as often.as necessary to ensure proper fl=tioa, until all distosbed eraas , pkat, vegetarzd. The avcragt useful Iifs of a bale is approximately 3-4 months. 8 .. _ approved uplznd l0eatiott before the bales theroseivea are reanor-ed,. e:dimentg upped by the belts shall T;c removed to arx 4 10.Sb axv bales shall be reeesscd two to four inches into the groand. - - , PEC FF�trdfi'NVr�'Fg ' 1 4738-U3I5U/00001 PAGE 2 OF 4 . - - NEW YORK STATE 6@p ARTIAM F OF l N4Q]iaNMENTAt.COAtgErnrgTlON _ Item A. Pertttittee AcceptsNOTIFlORTiON OF OTHER PERMITTEE ORUGATIONS The e' t:e8alRernni4siliilityand)1giees(riMdemnifoation p mtittaeexpresslyagreestOln -State ofNevvYork its repraser,f�tives,empl❑yees.anda = rva .-n - or aurhon3ed b role tO the Ger Ih uem m1O hold earn ress the DO e I lent of Environmental C e kOn ofthey txfe�r .(ME,. i rr' se s making of aclivtties or o suns,actions,anddamagas, I• it ndernniFcailnndoeseote�tfen �iiance or p P�ationand to the non C(l Bance' wish rite terms andtcandce Of toe fache ulty orfacrlrtles j y,ts ycfalms,suits,ae�ons,prdama gash°'tFteextenrattributabtetopEC'sm,,n� This Item 9: Perrn ittee's COntractors to C glig-nt The permittee rs tespon8ible for inf❑rmirrotyits indepenPermdent cont rac=ors, employees. rothePermitttocomplywththis Permft,Ncludingall special coridition3 otor actin a _ t❑the permitted actly{pas and such e agents and assigns of their. Con'servatian Law as those Persons shah[beaubjart to the same 9 Vhe perrnittee•szgenttwit r a Prespribed fbr the permittee. sanctions for violations or the Environr r,rai - fteThenl C perinitteal2 sPOhsble for Obtaining Other Required Permits be req permittee is responsible for-Obtaining anyotherPermlts,approval- I,r, is cp.:itlas that are authorized by ths e ,easemenis and itghts of that Item D Na Right to Tr`espass,or interfere with r a _ permit. way at may. This pgrnrit�7 I g iu]#Onnt a to the _ fT P rian Rigfrts Of oth ars in order to perform the pea-ni tet d work nor d roast to or Personal ro s t rtauthorrze the.im ailtnant of any With the rip riasest In rest P p cEf _ eld orvested:.in a person not a party to the permit, P Yrights, General Condition 1: Fa GENFRAL CONE)CrI.ONS The permitter]site or ci{fty Inspection by the Department an authorized:ra facilRy.including relevant records,is subject to Inspection at reasonspie hours and' PresenWiveof the Department Of Envirorrmental Consery (uta De the C 71.0 Jscomplying vrith this perrnitand the EEL. Such representatFre may order the work suspende'�tpu SI by to.EGL 71 0301 bncfSAPA 01(3). Department)to determine whether, The permittee shall provide a person to acCOrrpany the DeparlinenPs representative during an ins Ection t area when requested by the Department. by AcopyoFthlspermit,lnclud,;tgllraF®rerctadma s d . P to ha permit rlhe Department at alt times aEythe p ' razmngg and Special conditions mustbe available forinspect on. 7 DePartment representative.is,&Vioia6on of thisttpermit�llty, Failure fo produce a w t PY of the permit upon request by a t Generat expre sln2 ldedPonchRqIQ `IpofthisPermitt❑ OtherDeparGitentprdersandpetarminallons Unless e�g7ressly-provided for by the Department, issuance of this e order or determigaden Pfe'✓farisly3ssued : in such order or de&rminattan. by.the De permit does not madffy,Supersede or rwind any parfVtent or any ofthe terms, conditions or Pequframents Contained General G p lti fteioust /app:lications torPermit Ren4walsorM❑diflcations rml Q.Svllrlteemustsubrhita eparateWrfftenappllcationtotltaDepartmentf❑rrerta q Modific,SunoIrtrr,ifergraation mu 6 ode fprmsOrsupplemental informaliom on or afthfs Modification or Vali far e�rty renewal hansfer The permiffeeTnUatsub the,Deparimert musi be In vvTkir, _ the Department reaufres.An is al 1An rye '_-r mit a renewal apPticann of least; g Y newal, r t71B a.p r3r],1 of L''•sl nlai'Oenr� iorSt,„ PollutantDischargeElimination F3.a,rie_ F vol Faulye; til t't,lrl, ttrajarAir Pollution Control Solid este, ;;Hag�rdous _ l_4 F,iFi, ;nr) {qpG) and Solid Wast i Supml;t3onyof ePphr�rr R m'radr , of all Ou,:r per fiit#ypes, a Management n„s tar pe nit rens . .,i�•r md0ir*tIOn are to ba suiom t{ed fo: - 1 f,'3UE4 hcgronai Pgmrat Admi ' I Taleph❑r a (rat q ntstrator, Region 1 SUNY Building 4D Stony Brook, N Y. 7 i79u- 44 O�t35 2356 GeheralCandttlon4i..-p+trrriitMod:ficatir+ns,Suspanslcartsg The C'sP ,r, 2nl r;or E, the r_,hr i . rno r and Revocations The grow,.1 r1o.],tr n s,suspend Or revoke thrs I'7f the Department. J” r ''o'' re✓oration include: Permit in accordance wtih 6 NYC a) r"itenolt false pnn rcu RR ParE 621. s b) ` failure.b)y'�?e permttt'C u Statements in the permit apPlica#tan or supporting p r) rnr - pro act With may.terms or,conditions Of the ppaper's; ¢ e thr apa ,1f tr g j as described in the t t - d) nc ,l•:h;-]�-r ori„_rr,lin•Fbl"eteSd strrbedint permd.applicatfttn: PC tifplkniq.'r' r• ...Iul oris'sinc t tinge lit ervlrohmenfal conditions, i e) nuncompriance.with-preys❑usty issued he issuance of fi-*existing permit: ret®v ant technology f En1�r011m9YFtal�enservatlonl_aworregulaiiotnopdrtons, ordersaftnecommtssloner an � Dcc PERMITDoparimentrelated#❑the pemlttfed arovi ions of the NUrnaER 9 t'a? g-F)3t50d00001 ty. PAGE, OF 4 . .IVEw YORK8TATE 0 ERAPTM7 NTXt 4,q, (;,i ihlGn TAL r'Ota3cF:il,STlatl FAIDDITIONAL GENERAL CONDITIONS FOP ARTICLES 15(TITLE 5),24, 25,34 AND SNYCRR PART 6as(TIDAL WETLANDS) Jf uthori operations th 6se SLate flf Nara Yorkfequlre ars alterationIrr The pas�fon of tfje strticyura 6r We[k herellyuthorized,or if, in the opininn of t11e pep?rimenf ofErtviilnrr]�tltat,L.orlservationttshall cause unreasonable People fart o the free navigation of said wafers br flood flows or endanger-,the health;_safety or welfare of the - peopls offho 5tat0,.or cause loss or destruction of the natural r2SpurCes o1 tete State,th2 owner maybe Ordered Oythe,State.tirnd .tv remove or aftarthe sfilcturaj work,:obstructlorts,or hUarde caused therebywlt Touf expense to the State olid if, opera the eXp ratlbn or revocation of this moddtg2tion of tlTe watercourse hefabyauthorized shall nr,t`?ern Permit, thio stnrctUre, fill, excavation, Cr other fila SMte and Ir. . iu ext_nt 1•d in:ucn,To ar, mpl.t.d,the owners,shalt,'wffr,oute TF w�rq rE TI•:' 51I ura.-.;, 1 t71:❑nar ri=In,Uen^, expense to nrhor r n- rrrtmsn€df EnvironmenfaiConservationrna P IAr:m,;law 7 olhnal,r, or ft and"reetore;to !ts former condition the n 'x,70• �a,Id flood,capac ty pf tlTe wO`15UPMUFsW No claim shall be maria gainsGthe State o New York an accoinitYtf 2ny`8uah removal or alfsratitrn. 2. The State of New York shall in no cane be liable,for any damage or In ury to'the si cpUl a�r:work herein ahal rImPrOedwhichfrayig cauaeabyorrerPufrernfiatvreorerattensUnderfakerrb0heStateforEtl"sgrhsarvatieq or,more age. ofnsvigativn. Orforoyerparposes,andnaClaimorrighttoeompensatione-fbr cdOhOr fromany such damage. 3. Granting:of this permit does not relieve the applicant of the responaibility of obtalning any other permission, consgntorapproval from the U,6_Army Corps of Engineers,U.S.Coast Guard,NewYork S Sm -Services orlocyl governmentwhich may be required. tate Office ofGeneral 4. 'All necessary Precautions shall be Taken to precl solids, dude contamination of arty wetland or waterway by suspended "sediments, foals, solvents, lubricants; epoxy coatings, paints, concrete, Ieachate . environmentally deleterious materials associated with the project. or any oth.or 5. Any matertal.dredged in'the conductof the work herein permitted shallut.loavjng large be removed evenly,wit Fto refuse pile`s,ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to gauge damage to navigable channels or to the banks of a waterway. 5_ There chaff be no unreasonable Interference.with navigation by the work heroin authorized, 7. a upon the expiration or revocation of this permit, the prUject hereby authorized has not been completed, the applicant shall;without expense to 1116 State;and to such extent and in such time and manneras ilia peeled, the, of Environmental Conservatlon may regUire, remove all or any poMon of the uncompletne structure or rtme d restore the site to Its farmer condition. No claim shall be made against the State of New York On account fill of any .such removal or alteration. B. If9 rented'uhd0rSWCRRPart608;theNY$Department&Environment[Conservationherebycertiffesthatthe . 303subje306 ct pro)ect will not cone travene ffluent limiratrons or other fimltations or standards unoer Sections$01,302, met., and 307 of the Clean WaterAct of 1977(PL 95_217)provided that all of the conditions listed herein are 9. At least of 48 hours priorto eemmencemerrt of tlTe project,the permittee and cantraetor shall sign and return the top portion the enclosed rat fiaaGon farm certifying that they are fully aware of and understand all terms and Within 3o days of completion of conditions Of this permit, project the bottom Portion of the form must also be and returned,along with photographs of the completed work and,Ifi'equired,a survey 10. All activities nby this omni,must be In shint canformanoe with the approved pians submitted by-ot e - applicant or his is agent 85 part of the permitappfioaGon. - DEC KiRMIT NUAMER 1-4738-03150/00001 PAGE 4 OF 4 CHARLES R.CUDDY f kTTORNEY AT LA7 445 GRIFFING AVE Nli E Rn'ERHE_kD,Nl:V YORK 'Mailing addxes_: TEL: (631)369-5_700 P.O.Bos 1547 FAX: (631)36Q-9050 Riverhead,NS 11901 E-mail: charles_cuddyCverizon.net I March 10,2004 Southold Town Planning Board Southold Town Hall 53095 Route 25 P.O. Box 1179 Sonthold; NY 11971 Re: Cove Beach Estates, LLC-Major Subdivision SCT11191000-22-3-9.1., 18.1, 18.7, 18.8 Dear Board Members: This is to confirm the request to commence work on the road at the Cote Beach site which will be scheduled as follows: March 17, 2004 Start survey work in filed. D 12 (!a 2 pp 2 March 22-31 LS L�1 LS U LS D Install hay bale protector per DEC perrrut. NAR 12 2UU4 Organize and schedule work to begin, order lead time materials. Week of 29' Soo,hold Town Planning Board Possible clearing at North end. Note: We will not be clearing or grading in the area of ponds until trustees perant is granted. April 1-30 Clearing o=trees. cluppinZ and grinding. Excavating_ cutting and filling of roadway per survey. blay 1-June 30 Installing drainage and utilities. The work will be under the supervision of Daren Pfennig, Pfennig Construction Corp., Mattituck NY. In accordance with our discussion, may we please hear from you at your earliest com enience. Very truly yours, Charles R. Cuddy CRC.'ik Enclosures 3j, Prudential Prudential Douglas Elliman Real Estate 53345 P:1ain Road, Rte^_5, P.O.Bax 1145 SOLIthOld,NY 11571 j Bus 631 765-5005 Fax 631 765-9644 ,^anti^,.pnldentia lel I imaacom IVlarch 9, 2004 I To: Southold Tone Planting Board P.O. Bot 1179 5 Southold,NY 11971 From: Daren Pfennig Construction Supervisor Cove Beach Estates East Marion_ NY Reference: Planning Board Meeting of March S. 2004. Permission to start construction of roadway at Cove Beach Estates. Per request of Town Board, Outline of Intent. j March 17rh - Scheduled meeting eeith town trustees in field at site. - Start sun,e} work in field. March 22-31 - Install hay bale protector per DEC permit. - Organize and schedule work to begin, order lead time materials. Week of 29th Possible clearing at North end. Note: We will not be clearing or grading in the area of ponds until trustees permit is granted. April 1-30 - Clearing of trees, chipping and grinding. - Excaif ating, cutting and filling of roadway per survey. May 1-June 30 Installing drainage and utilities. 21 €a-n innrd-noadr:o.,nea nud uptawai menta of lfe Ord di of,l fieal""Ice fn I Ia1H In.: Amy firther questions please contact Daren Pfennig: Office: 631-298-0234 ;{ Cell: 631-804-8868 i Pfennig Construction Corp !` P.O. BOY 1331 I Mattituck, NY 11952 A sincere thank you from the Cove Beach staff for keeping the project moving forward. TDllk Pott, g J i CC: Enzo Morabito Charles Cuddy ESQ UFFO� PLANNING BOARD MEMBERS JERILYN B.WOODHOUSE .r0 (/ P.O. Box 1179 Chairy6 Town Hall, 53095 State Route 25 H Southold, New York 11971-0959 RICHARD C9GGLaNO �, • Telephone (631) 765-1935 wILLUal J.CREhIERSKENNETH L. G D' Fax(631) 765-3136 RTIN H.SIDOR ��-d IDaO� PLANNING BOARD OFFICE TOWN OF SOTJTHOLD March 9, 2004 Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Andrew Freleng, Principal Planner Subdivision Review Division Gentlemel'i: Pursupm,t to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of: Major Subdivision of Cove Beach Estates (Amended) Hamlet/Locality: East Marion n _av S.C.D.P.W. Topo No.: See plat Zoning:X S.C. Tax Map No.: 1000-22-3-9.1.18.1.18.7 & 18.8 Major Sub._X Minor Sub.—Site Plan Cluster Lot Line Change MATERIAL SUBMITTED: Preliminary Plat (3 copies)_X_ Road Profiles (1) Drainage Plans (1)_X_ Topographical Map (1) Site Plan (1) Grading Plan (1) Other materials (specify and give number of copies) 1. One copy of Application Packet as submitted by applicant. Waiver of Subdivision Requirements - See attached sheet Page 2 Southold Town Planning Board Referral Referral Criteria: The proposed action is located within 500 feet of the Long Island Sound and Dam Pond. Dam Pond is a listed Critical Environmental Area designated pursuant to 617.14(g). The property is located within 500 feet of State Road 25. SEQRA STATUS: 1. The project is an ( ) Unlisted Action ( X ) Type I Action ( ) Type II Action 2. A (X) Negative Declaration (On amended subdivision application) ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. 3. E.I.S. statement enclosed. ( ) Yes ( X ) No 4. The proposed division has received approval from the Suffolk County Department of Health. (X )Yes ( )No Comments: The proposed action involves the subdividing of a 104.35 acre parcel into 12 lots for single family residences ranging in area from 1.65 acres to 9.2 acres. The property is located n/o Main Road approximately 1000' east of Kayleigh's Court in East Marion. The Peconic Land Trust holds a Conservation Easement on 100.60 acres of the 104.35 acres. Note that a Conservation Easement has been executed for Lots 1 through 12. The Conservation Easements are attached for your perusal. In 1997 the Peconic Land Trust was deeded a Conservation Easement on SCTM# 1000-22-3-15.1 and 18.3. The Conservation Easement restricts the developable area of the property to 26.56 acres. Furthermore, the Conservation Easement imposes certain conditions upon the 26.56 acre developable area. The residual acreage (68.82) will remain as open space into perpetuity. This site is environmentally sensitive. A Findings Statement for the FEIS was adopted by the Town of Southold Planning Board on August 14, 1989 for a proposed 34 lot subdivision. Since the adoption of the Findings Statement the yield of the proposed subdivision has been reduced to 12 lots. The Town of Southold's records show that the following studies were conducted for the proposed past action. 1. Stage 1A Archeological Survey of the Cove Beach Estates at East Marion (1988) 2. Final Environmental Impact Study (FEIS). In response, to the New York Natural Heritage Program identifying areas potentially containing endangered and threatened vegetative species within Lots 1, 2 and 10, the applicant performed an endangered and threatened vegetation survey of the area in July and August of 2003. No endangered or threatened vegetation was found within the study area. In addition, several rare species were identified on-site. The areas where the rare species are located are included within the conservation easement areas. Agricultural uses as well as agricultural support structures are permitted on the 68:82 acre conservation easement area except within a 100' buffer around documented rare species that exist on-site. In addition, no removal of"healthy' trees is permitted within 50' of the top edge of the bluff. We request.acknowledgement of receipt of this referral (X ) Yes ( ) No Referral received 2004 by the Suffolk County Planning Commission and assigned File No. Sincerely, ] � , JJ _,.,,,��y � erilyn B. oodhouse Chairperson J PLANNING BOARD NMMBERB Q�OgUFFO(,�co P.o. Box 1179 JERILYN B.WOODHOUSE �. G Chair o y` Town Hall, 53095 State Route 25 W3 Southold, New York 11971-0959 RICILARD CAGGLANO %y ® ; Telephone (631) 765-1938 ' WILLIAM J. CREMERS Fax(631) 765-3136 KENNETH L_ EDW_9RDS '�'ifJ Q� DL-kR.TIN H-SIDOR ' PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 9, 2004 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, New York 11901 RE: Proposed Major Subdivision for Cove Beach Estates Located on the north side of NYS Route 25,1000' east of Kayleigh's Court in East Marron SCTM#1000-22-3-9-1,18.1, 18.7 & 18.8 Zone: R-80 Dear Mr. Cuddy: J The Southold Town Planning Board, at a meeting held on Monday, March 8, 2004, adopted the following resolution: WHEREAS, the applicant proposes to subdivide a 104.40 acre parcel into 12 lots; and WHEREAS, the Peconic Land Trust holds a Conservation Easement on 100.60 acres of the 104.40 acres, including areas within Lots 1 through 12, Open Space Parcel A which equals 31.25 acres, Open Space Parcel B which equals 28.97 acres and 5.18 acres included within Lot 10; and WHEREAS, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law, acting under the State Environmental Quality Review Act, established itself as lead agency for the action on March 10, 2003; and WHEREAS, on October 15, 2003, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, Part 617, Article 7, made a determination of non-significance and granted a Negative Declaration; therefore be it RESOLVED, that the Southold Town Planning Board grant preliminary approval on the plat, dated as revised September 22, 2003, and the Road and Drainage Plan, dated as revised May 23, 2003. The following items remain outstanding and must be submitted in order to proceed to final approval: -aa7 w'e em�ssv�mv®-e q' Cove Beach Estates — Page Two :: 3/9/04 1. The Planning Board has reviewed the property and has decided that it is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required. The amount to be deposited with the Town Board shall be $60,000 ($5,000 per vacant lot in the subdivision). Payment is required prior any the final endorsement of the map. 2. Upon approval by the Town Attorney, thefiling of the right-of-way maintenance agreement with the Suffolk.County Clerk and, upon filing, the recording of the liber and page number upon the final map. po s 3. The filing of the amended conservation easements with the Suffolk County �'� ,N \ Clerk and, upon filing, the recording of the liber and page number upon the final map. A draft By-Laws of Cove Beach Estates Homeowners Association, Inc., a not- for-profit corporation, was submitted to the Planning Board in 1993. Please up-date this document and submit for legal review. 5. The submission of a Town of Southold Trustee Permit for the proposed roaq6l�_ re-location in relation to Pond 1. 6. The submission of a Curb Cut Permit from the New York Department of Transportation for the proposed right-of-way access. 7. On December 19, 2003, the Office of the Engineer approved the road and drainage plan without modification. Please submit a bond estimate for all V , proposed road and drainage improvements. 8. The submission of the New York State Department of Environmental',, N� Conservation Permit for the proposed action. i�n� Q P 9. Submission of 3 mylar and 8 paper plats with Suffolk County Department of Health approval stamp. Please contact this office if you have any questions regarding the above. Very truly yours, ^may Jerilyn B. Woodhouse Chairperson encl. cc: Melissa Spiro, Land Preservation Coordinator CHARLES R.CURDS' ATTORNEY AT LAT 440 GRI FFING ZVE NUE RI\'ERHEzD,NET YORK mailine kddres_: TEL: (631)369-82200 P.J.Box 104—� FAX: 16311369-9080 Riaexlxead, NI 11901 E-mail: Aarles.cudd_vCvexizon.net March 5, 2004 Hand Delivered Mr. Mark Terry Southold Town Planning Department f �' C Southold Town Hall E �j 53095 Route 25 P.O: Box, MAS 1179 - 5 Southold;IVY 11971 2004 + Re: Cove Beach Estates, LLC -Major Subdivision i SC'I'M#1000-22-3-91., 18.1, 18.7, 18.8 l Dear Mr. Terry: In connection with the above matter, which is scheduled for a hearing on March 8, 2004, we are enclosing.the following: 1. Affidavit of Posting 2. Certified mailing receipts and signed green return receipt cards. Please make these part of your file. Very truly yours, C _4 Charles R- Cuddy CRC:ik Enclosures I! I i I P , Y i i .� � eI '7f v �^ 3i&c'I ltP. 1�.8 �. . M r r i ru EAST ON, ff--%114'€19 " 4.37 4A4IT IX 4901 LQ Postage S f1J ' t+l Er Certified Fee 2.34 p51II�I4 A!1 11fU3 f.75- Postmark 037 11Nrr n 694 Ln P.rsem ntFleeeipt Fee r` - - 4 � (Endorsement Requireo7 - Here �I- • Poste $ ., :. -1ilEP�C� 'I�Q .' CaNfied'.Fee 2.�4, Resided Delivery Fee O"' o r3- (EeNareement Required) Postmark :- 'li o rural Postage a Pees $ r 4,42 ©2/27104 m. Ran m Race pe Fee I.M Pere A. 7 o �dowinetdRequNKI) Clerk: KDk Sent To mamm ll aui J: E-M u _osiaei W—Z 1155 Kayleigh'sect. __ -- T Pasmseasa� $ 4.42 42/27/44 o "-"— - — —..... — -----------•--- ! 1. East MArion, NY :11939 0 'Efstxatzas & Ors-'Papazahariou' - Clig Serie,ZIP+4 • -rr ee __ N Slleel,Qpt No.• y��� ru ,rro eox No<25:17 35th street M, Totai Postage a Fees 4.42 4"'= V'i ..- _..—..... —.... Cray,Stare,ZIP+4 a•,----•—.• Long Island Citv, NY. 11103 ru sereet;apsMarion, , Y 119 - o si:_t-ppoio:-- ---Sere'metis—„--Marth— Campbel p or PO Box No. 1105 Ka lei h s Ct. ru -- East N etfy,slate zid:`a-- -- -'..---"--------------------3 9-. _.-.--___—__. o or ao Box No. P.O. Box 6-+1 Clay,Srate,Z/P+4 ”"" entero East. MArin NY' 11939 •RonaldEdeen ora o e • giii--° -------------------------------- — — _n ru 0 orpoBoxNo P.O. Box 335 7 Sent To o ---------------------•-------------------------------•--------- r3 Mr. Don Cotrone - crry,state,zIA+a ------------------------ EastliP !tion NY 1193 NStree;Apf.&a. — ��- • O err PO Box No. I __ 1 Wheeler Cts---- -- — -- „O` O City,State,ZIP+4 s sertr,To. N Deer Park, NY 11729 Mr. &Mrs. Frank-Russel - �- --------------- Bay------------- 'BaY Breeze Associates, In' p mrvo9wrNa"; 49 Benedict Ave. ru Street,Apt.No.; i------E,zia+a------------------------------------------,- ;. - r or PO Box No. 10 Pop lar Street r` Staten Island, NY 10311 — ----------_...____... — -- i - f7 City Sene,Zip+4 aim= t` Sayville, NY 117£32 ! - �lz s nrro &�[rs. _Ric3sa�d`�iva�r o pLs. Elizabeth A. Neville, TocarL Cleric u _ .a_—______.—_..._—______. O --"--.....-_._...__....—_.........-------...._-----------------—..-.------- f1J Street,APL No.; C3 Crpo'iierZlP+4 ""......"��'------------------------------- O nrPOBoxNe. 164 15th !venue ty out old NY 11971 q o - —"-----.....---1579---- ----------- -- ' t` erey,sraee,ZrP+ ea Cliff DIY 11579 f o orpOBw No--53095 Route 5 P.o. Box 117 � f� - Yi - 13 ean ' r5'�IyYoa� .a- Brown,-xJ22-i E. 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ISI � ',-t7iJohn Psaroudakis _ __ C3 ualified_Gillispie_c/o-_Charles Gilli_5pi street Apt No i nJ lBtreel APL No.;...—....-...—........_.....- i C3 or PO ox Na. 1553 64th Street ru orPOBexN6. 102 North Erlwood Ct -- o ---- - -------------- — - -- - ----- ---- ----- clan ate,ZlP+4----- . y ry city,seafe,nP.a�chmond VA 23229 r Brook! n, NY 11219 I I ------ ITT...&TLzS...�xllLe E----Sie4ar an - Stieef,Ayt.No.;_...• .._-_.. _-_..— rLj Stteeg Apt.Pfo.- 0 or PO Box No. P.O. Box 9r ' C3 or AO BoxNe.655 Kayleigh's Ct. l -- it N City State,ZIP+ --------------------- �- � � C%ty,State.ZIP+ -------- i C3 ast Marion NY 11939 r East rion, NY 11939 U.- - 1� I II ilii �•i .;: ` ... 'i . :r-: . ,•o�rrs,a,: -- .a"t t: a r r k jVbL1'i. COMPLETE THIS SECTION •��" ' 1 - GEh'f f w _ 0 Complete items 1,2.and 3.Also complete A. Received 1 b""y(Please Pnnt earl I B. Date of Delivery J IX ^y item 4 if Restricted Delivery is desired. (,�•f.`t�t% (� Print your name and address on the reverse C. 51g ure so that we can return the card to you. �_; ..r 1 z- 6�'-��Anent Attach this card to the back of the mailpiece, ,r - - - for on the front if space permits. "^ EN CHER: COPV,PLE TE THIS SECTION COMPLETE THIS SECTION ON DELIVERY 'r$cfU�'rtsl - • i xgg'^- ■ Com fete Items 1,2,aTd 3.Also complete A. Rec ived by(Please Print ClesHY) B. Date of Deliver X15.- acqueJ,ute Copas P . `OS Ka leiah's Ct. Item 4 if Restricted Delivery is desired. Y a '+ e Print your name and address on the reverse ast : 1, NY 11939 &'• so that we can return the card to you. 1 - 0 Agent ■ Attach this card to the back of the mailpiece, X l yyl, g I�..tr on the front if space permits. dres=e[ D. Is deliv addre>differ nt from item 1? Yes n- �. 4rtG'e Addressed to. If YES,enter delivery address below: o s: ¢1l1 .t1n1r +z, - � it 17 t, F w, 70D2 0460 uu1*. r _� 9 u ¢ S a 'S Form :oolL S { 6Domestic Rett C +1 a HBO ElE, sMz$ c ^ S*F&„Tr Rc, Prd• rl :h' Fi C1 _ a I t, y r •' L �.� I' r"1�• I C"rte ^4.�r •,. ;. o 1 = y-•— 5r"$'# eG._ 01460 00'03 1 - 1 .06 _Y1 . 15 . x:. . s � aaYo m o . 7002 0460 0003 1958 5224 K. � , zm .I rt o 1 70 II -tr.,•�.rla s, y/' i �y,: - 1J LIfi,` 4 '� ID n o mIp w 2r.M _ Fla[ v � O 96j�a . coir olp. LEA -IN 8P ' �O m�V mj LL '•S` � y 705= 546E uuG3 158 5394 . 71 ;•p:...Ei:: i.1...+, 70Ii,y 1 H•i.i Ryf `r i�l'`:I41•': {i.y `• i t :. � Z,u+ �".,� Fy M1�r l'1•1i 1 N,l - • J Ir t I 11 I NO •••211��A' t 1 - 6 fib.• -, .- "'s t I .�`Illi � i:J.",3 J460 00D3 195E El 4 9 J {q I Naomi SENDER:COMPLETE THIS SECTIO,); � SENDEP: CO:btPLETE THIS SECTION =O'.i'LETP THISEC TION ON DELIVERY 15 Complete items 1,2, and 3.Also com leie A ■ complete items 1,2,and 3.Also complete A. ivd by(PI nt Clearly) B. Date of Deliver item 4 if Restricted Delivery is desired item 4 if Restricted Delivery is desired, Elm's 9 � 44i� o'L I ■ Prim your name and address on the reverse ■ Print our name and address on the reverse so that we can return the card to you. C so that we can return the card to you. C. Sign ❑Agent ® Attach this card to the back of the mail lece, X ■ Attach this card to the back of the mailpiece, X/ l ddresser or on the frontrf space permits. P or on the front it space permits. / n Yes 1' 1. Article Addressed to: -. Is derive ores ifferent from item 1. D_ 1. Article Addressed to: ` If YES,enter livery address below: ❑ No Mr. & hers. Llilliam J. Snyder 11s. Patricia Desylva Garvey SENDER: COMPLETE Th'l5 SECTION! �.. SENGE,i- COMPLETE T-1,S SECTION r i ' - r i I' utaaai!TTT/7p Complete items 1,2,and*PPI c��p'�®z rl I r i t r ' item 4 if Restricted Delivery is desired. , 'Complete items 1,2,and 3.Also complete A. Received by(Please Print Cieatly) B. ate of Delive ■ Print your name and address on the reverse . item 4 if Restricted Delivery is desired. t so that we can return the card to you. C Print your name and address on the reverse _ e Attach this card to the back of the mailpiece, so that we can return the card to you. C. Sgnature - )i ■ Attach tis card to the back of the mailpiece, �/ ``' • .tib Agent or on the front if space permits. or on, font it ace permits. X v 9 Eq ,5 ;�. P P - .Sr ❑Addresse 1. 'Article A tlressed to: 1. Artel; sed to: D. Is deli a rent, 'item 1? ❑Yes Brut, s Ct.r. Sieverman 4 `_ P �r If YES,ent r elyi dres low: 0 No 655 I:aylleigh.f' Efst . tios & Ors Pa a ahariou ; P ,1 _ 25-1,T' �� ere a1 ^av 11A3g Lona 1?35th Street er N w Island City, NY 11103 E'ENULK: COMPLETE THIS SECTION f "%`— F F I r–, p COMPLETE THIS SECTION ON DEL/VERY ■ Completitents 1,2,ago 3.Also complete item 4 if name an Delivery is desired. ■ Complete items 1,2,and 3.Also complete A. Recei ed by^IPlease Pnnt C/early) B. Date of Delivery Print youname and address on the reverse I item 4 if Restricted Delivery is desired. r Ij so that w¢can return the card to you. a Print your name.andaddress on-the reverse . lGUlG� -Sr,rlcy�� j ■ Attach thio card to the back of the mailpiece, so that we can return the card to you. C. Signature - - - - - or on the front if space permits. ■ Attach this card to the back of the mailpiece, X r ❑Agent 1. Anile Addressed to: or on the front if space permits. I �� �'��l7 Addressee r 1 t Article Addressed m: D. Is delivery address different from item 1? ❑ Yes Myron B. Brown If YES,enter deliveryaddres=below: 0N ,t Jean E. Dean Mr.& 1Irs. Richard Sinatra j P.O. Box 224 164 15th Avenue t Pain Road Sea Cliff, NZ 11579 i East P"Arion, NY 11939 .i 3. Service Type t ! XrCertified Mail ❑ ExPress Mail ❑ Registered krRettim Receipt for Merchandise I ❑ Insured Mail ❑C.O.D. „ 2. Article Number - 7002 0460 4. Restricted Delive J ❑Yes "s (Transfer from service/abe/J 2, Article Number - - r1'?(Extra Fee PS Form 3811, March 2001 Domestic Rat, (transfer yrom service labelr_ : 7022 0460 0003 1958 5248. i �' E , i t ; • i - PS Form 3611. March 2001 —�Domeshc Return Receipt - -1 -5"faf`en s anct, Y 10314 E [` - It tur.-ss-ot-nitazi –' 1. Article'Addressed to: ��— T SENDER: COMPLETE THIS SECTION p1Y.. L,� - - - COMPLETE THIS SECT/OF!ON DELIVERY I a Comple a items 1,2,and 3.Also complete A.], P.O.1 SENDER:COMPLETE THIS SECTION item 4 if pestricted Delivery is desired. East' and 3.Also complete f� Received by IP ease.Print Clearly) B. Da. ■ Print your nafne and address on the reverse ■ Complete items 1,2, ,7 C. item 4 if Restricted Deliveryis desired. so that'M can return the card to you. C. Si n t _ re ■,Prink your name and address on the reverse ■ Attach this c,srd to the back of the mailpiece, X so that we can return the card to you. or on the fre+lt if space permits. ■=Attach this card to the back of the mailpiece, X C. I' 1. Article Addressed to: I - or on the front if space permits. D. Is delivery adores;different f item 1? ❑ 1. Article Addressed to: If YES.enter delivery address below: Ronald Edeen P.O. Bot 335 2' Art" PIR Don Cotrooe Trar East Marion, NY 11939 4 Wheeler CT_ PS For, Deer PArk, NY 11729 �Certi'.iztll- 9. .Seerrvice Type .❑ Register L31 Certified Mail7CP Mail0,Insured'. ❑ RegistaredRecept bRestricted t ❑ Insured Mailtea - 4 Restnctzd Delivery?(Extra FeEI 2. Article Number- 7002 4464 0003 11 (Transfer from service iabel) - I > , � -- � z. Article Number , I 7002. 0460 0003 1958 5255 PS Form 3811,.March 2001 , , ,Domestib'ReturrFReceipce t (Transfer from'se,mIabe1J - March 2AOt Domestic Return Receipt 'cam PS Form 3811, AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as Cove Beach Estates, at NYS Route 25, East Marion, NY ' by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on " nlarch'8,, , oo4, posted on .February 25, 2004. I have sent notices, bycertified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts,and every property which is across on - February 27, 2004 Charles R. Cuddy Your Name (print) ' _ S�, Signature 445 -Criffiag Ave. , Riverhead, NY 11901 Address March 8, 2004 Date 1 - - Notary Public 6�S09Y PultatefNW%* No. OI KOBOO8380 *07 PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 315104 Re: Proposed Maior Subdivision Cove Beach Estates SCTM#s: 1000-22-3-9.1, 18.1, 18.7 & 18.8 Date of Hearing: Monday, March 8, 2004, 6:10 p.m. AFFIDAVIT OF POSTING. This is to serve notice that I personally posted the property known as Cove Beach Estates, at NYS Route 25, East Harion, NY by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easilyseen, and that I have checked to be sure th&poster has remained in place for seven days prior to the date of the public=Hearing?on• FebruarV 25, 2004 I-have sent notices, by certified mail - return receipt, the receipts and green ` return receipt'cards of which are attached, to the owners of record of every i property which abuts and every property which is across on February 27, 2004 I Charles R. Cuddv Your Name (print) Signature 445 Griffing, Ave. , Riverhead, Nv 11901 Address MArch 5, 2004 . Date Notary PublicMONA MMM ryapp {{/�a7 Pub1 8 * HElu! tl U No. O1 K060McMV br sotto MaMh&W07 . 5M— D Southaw TOM FUnni Boar$ PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 3/5/04 Re: Proposed Maior Subdivision Cove Beach Estates SCTM#s: 1000-22,3-9.1, 18.1, 18.7 & 18.8 Date of Hearing: Monday, March 8, 2004, 6:10,p.m. LASER FICHE FORM SUBDIVISIONS Proiect Type: Major Status: Final Approval SCTM # : 1000 - 22.-3-9.1 KProiect Name: Cove Beach Estates -ocatio.n: The property is located n/o Main Road approximately 1000east of ;Kayleigh's Court in East Marion :Hamlet: East Marion ;Applicant Name: Cove Beach Estates. LLC ,Owner Name: Cove Beach Estates LLC ,Zone 1 : R-80 'Approval+.Date: 6/15/04 'PLAT Signed Date: 7/13/04 OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: C and R's : Homeowners Association R and M Agreement: 6/23/04 Address: County Filing Date: SCAN Date: 1 JUNE 201 2003 1 DRAFT 1 ARCHAEOLOGICAL RECONNAISSANCE SURVEY 1 COVE BEACH ESTATES (LOTS 1 THROUGH 12) East Marion, Town of Southold, Suffolk County, New York 1 1 1 1 1 1 1 1 1 1 D E C E Wr Prepared by: 003 D 1 OCTocr o E A R T H G\ T E C N 1 w/ — — Southold Town Earth Tech, Inc. Panning board 655 Third Avenue, New York, NY 10017 1 Prepared for: ' Cove Beach Estates, LLC 633 Third Avenue, New York, NY 10017 1 Table of Contents ' Chapter Title Page 1 Introduction....................................................................................................................1-1 1.1 Location and Description of Project Area..................................................................1-1 1.2 Description of Proposed Action.................................................................................1-2 ' 1.3 Objectives and General Methodology........................................................................1-2 2 Environmental Setting...................................................................................................2-1 3 Prehistoric and Historic Overview ...............................................................................3-1 3.1 Prehistoric Overview..................................................................................................3-1 ' 3.2 Historic Overview......................................................................................................3-3 4 Research Design/Survey Methods.................................................................................4-1 ' 4.1 Background Research.................................................................................................4-1 4.2 Field Methods.............................................................................................................4-2 4.3 Laboratory Analysis...................................................................................................4-3 5 Results .............................................................................................................................5-1 5.1 Results of Background Research................................................................................5-1 ' 5.2 Cartographic Analysis................................................................................................5-2 5.3 Results of Reconnaissance Walkover ........................................................................5-5 5.4 Results of Fieldwork ..................................................................................................5-5 5.5 Results of Laboratory Analysis..................................................................................5-8 6 Conclusions.....................................................................................................................6-1 ' 7 References.......................................................................................................................7-1 ' 8 List of Preparers.............................................................................................................8-1 ' List of Appendices Title Page 1 Appendix A Excavation Record ' Table Al Shovel Test Pit Location Record...................................................................Al-1 Table A2 Excavation Record ........................................................................................Al-2 ' Appendix B Artifact Catalogue.............................................................................................B-1 ' i List of Figures Number Title Following Page 1 Project Area Vicinity.........................................................................................1-2 2 Cove Beach Estates...........................................................................................1-2 — 3 Rocky Point, 1894.............................................................................................3-4 4 East Marion, 1896.............................................................................................3-6 5 East Marion, 1904.............................................................................................3-6 — 6 Portion of East Marion, 1909............................................................................3-6 7 East Marion, 1947.............................................................................................3-6 8 East Marion, 1956.............................................................................................3-6 — 9 Cove Beach Estates Study Area........................................................................4-2 10 Previously Identified Cultural Resources in the Project Area Vicinity...............................................................................5-2 — 11 Results of Testing-Lots 1-10...........................................................................5-6 12 Results of Testing-Lots 11 and 12...................................................................5-6 List of Tables Number Title Page 3-1 Cultural Sequence and Chronology...................................................................3-1 4-1 Historic Artifact Attributes................................................................................4-4 4-1 Historic Functional Groups and Artifact Classes..............................................4-5 _ 5-1 Results of NYSHPO Site File Search ...............................................................5-1 5-2 Results of Subsurface Testing...........................................................................5-6 5-3 Artifact Totals by Stratum by Lot.....................................................................5-9 5-4 Artifact Totals by Class by Lot.......................................................................5-10 ii �. .a g 1 � Y MKI �r v+ ' Cove Beach Estates, LLC is subdividing a roughly 104-acre parcel of land located in the Village of East Marion, Town of Southold, Suffolk County, New York (Figure 1, Project Area Vicinity). This parcel, known as Cove Beach Estates, will be divided into 12 house lots, each having an ' area of between two and four acres, with a combined area of approximately 33 acres, approximately 66 acres of open space, and a proposed new access road constituting the remaining five acres. As part of their DEC wetlands permit application, Cove Beach Estates, ' LLC was requested to determine the impact of planned development upon archaeological resources. The New York State Historic Preservation Act of 1980 affords protection to archaeological resources meeting the eligibility requirements for inclusion on the National ' Register of Historic Places. Earth Tech, Inc. was contracted by Cove Beach Estates, LLC to conduct the present archaeological reconnaissance survey. 1 .1 Location and Description of Project Area ' Cove Beach Estates is located in eastern Long Island, on the north shore of Long Island's north fork in the Village of East Marion, Town of Southold, Suffolk County, New York. The irregularly-shaped property is bound to the south by New York State Route (SR) 25 (Main ' Road), it is partially bound to the west by a road named Kayleigh's Court and undeveloped privately owned property, to the north it is bound by Long Island Sound, and to the east by Dam Pond and undeveloped private and town lands (Figure 1 and Photos 1 and 2). A private paved ' road named Cove Beach Drive provides access to the property, and extends roughly southeast/northwest through the property from SR 25 to a bluff overlooking Long Island Sound (Photo 3). A second, unpaved road extends roughly to the west and east near the northern ' terminus of Cove Beach Drive (Photos 1, 3 and 4). There are also a number of dirt tracks, mainly within the west of the study area. ' Ground cover on the property varies from mature woodland, to heavy scrub brush with occasional trees, to relatively clear grassland. The topography is undulating with a number of ' minor rises and depressions. Steep slopes are present along the coastline, separating the beach from the elevated bluff that extends the length of the property. The highest elevation is encountered near the northwest corner of the parcel, with elevations dropping to the east and south. There are presently no structures on the property except for a small wood frame summer residence located near the northwest corner of the property, overlooking Long Island Sound. Aside from the Sound and Dam Pond, a number of small wetlands are present both within and ' adjacent to Cove Beach Estates (Figure 2, Cove Beach Estates and Photos 1 and 2). 1 ' Introduction 1-1 Introduction Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York 1 .2 Description of Proposed Action As mentioned above, the 104-acre Cove Beach Estates is being subdivided for construction of 12 residences. The 12 residential lots, named Lots 1 through 12, will comprise a total area of approximately 33 acres, with the remainder of the property being preserved as open space, with _ the exception of a new access road. Lots 1 through 10 are located on the north side of the property and Lots 11 and 12 are located on the southern side (Figure 2). 1 .3 Objective and General Methodology The primary objective of the present archaeological reconnaissance survey is to determine the presence or absence of archaeological resources within the proposed building envelopes of Lots 1 through 12. Completion of this survey involved background research, a site walkover, the excavation of 206 shovel test pits, and laboratory analysis of collected materials. Introduction 1-2 Introduction Project Area Vicinity ' Long Itsla,nd Sound ; i s B ' c 1 M . aV F �• 5' Rye p .001 I �• ,, s�. Pond 7E�'-': UR(EXT 9d RHnH f-. _� ,•J A � Easy Ma ' d 3 13j ti �. ,BAY ,. +,` r '`' �• -Q B I-E V T 8 A R R 2 L D 1 CT NY - (pro.or Int~ r1 sr� ._-_ �.. - `/�' nn8 (sl°^d Sou^a 13 Long Island !a t Atlantic Ocean l / _J 94 [� Cove Beach Estates 2400 0 2400 F� N 600 � 0 am M� ' Source: USGS, 1956. Figure 1 �j 1 1 1 K�tl ' Photo 1. 1994 aerial photo showing most of the Cove Beach Estates study area, including Lots 1-10. Long Island Sound is visible along the top, with ' Truman Beach to the right, and a portion of the Dam Pond visible below the beach. 1 Photo 2. Looking southeast at wetlands pond outside of Lot 10; the narrow channel that ' leads to the Dam Pond can be seen across the pond through the opening in the reeds. T K S )'r . a t.. _ k a - ' Photo 3. Looking north towards Long Island Sound from paved road which runs through Lot 5; the dirt road intersects with the paved road here, to both the left and right. Lots 11 and 12 are about 1 mile south on the west side of paved road. 1 +u. w� r. ��.. •.,., rE'at Ate` . ` runs through Lots ' Cove Beach Estates <ONO i \ ♦ SO TR UA1.4h B E,4 ell i r � O � � b 1 s 0 1 1 i �.•''�� - LOM 1142 1 , 11 1 y� 1 . 1 1'h 11 1 . � 11 1 � p 25) MAIN ROAD (NYS RT. 400 0 400 ' Ccve Beach Estates N I'--- Scale in Feet Study Area 120 0 120 II Scale in Meters ll ' Source: young 8 Young, Land Surveyors, 2002 Figure 2 1,� Paleoenvironment The primary geomorphological process that led to the formation of Long Island was the advance ' and retreat of glaciers during the Pleistocene era. Glacial advance transported rock, gravel, and sand that were then deposited as glaciers melted and retreated. Ridges or moraines were formed by the deposition of such material along the-maximum line of glacial advance. Meltwaters from the glaciers also formed streams that carried material and formed outwash plains. Across parts of Long Island glacial sediments may be hundreds of feet thick. ' The second, Wisconsin stage of glacial advance formed the north fork of Long Island. It is characterized by the Hill Harbor Moraine in the town of Southold, which consists of a ridgeline between five and 50 ft high containing stratified sand, gravels, and boulders. A number of gaps in the ridge line are occupied by various creeks and ponds, including Dam Pond, and were produced when buried blocks of glacial ice melted after the main ice front retreated northward (Figure 1)(Town of Southold 2003:Section II, A, 4-5). At the glacial maximum the Atlantic coastal plain extended between 50 to 68 miles south of the ' present shore of Long Island and sea level was over 295 ft lower than today. As global temperatures rose, the glaciers began to melt and retreat northward, forming massive lakes and recessional moraines. Smaller recessional moraines were deposited near Old Saybrook, Madison, ' and Branford along the Connecticut shore, and by 15,000 years before present (BP) the glacier had receded from Connecticut entirely. ' By 9000 BP rising sea levels, at the rate of some 20 ft per millennium, caused massive erosion and submergence along the Northeast coast, flooding Long Island Sound and isolating Long Island and other offshore islands such as Martha's Vineyard from the mainland (Dunford, 1999). ' These terrestrial and climatic changes were accompanied by dramatic changes in the composition of plant and animal communities and similar variations in coastal and marine resources. By t 5,000 BP the rate of sea level rise began to decrease and by 2000 BP had slowed to approximately four inches (in)per century. ' Topography Over the thousands of years following the retreat of the glaciers, storms, waves, and near shore ' currents have continuously and extensively reshaped Long Island's sedimentary deposits into a variety of coastal environments and features. In the vicinity of Cove Beach Estates, these features include beaches, steep bluffs, sand spits, and discontinuous chains of barrier islands. ' Exposed sandy bluffs are gradually eroded; depending on near shore currents these sediments can be redeposited linearly along projections from the shore, forming sand spits. It is likely that this type of process led to the connection of East Marion to Orient, with Dam Pond becoming ' Environmental 2-1 Setting Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York partially landlocked between two narrow tendrils of redeposited sands. This would suggest that at some point in the past, Long Island Sound might have flowed directly through present day Dam Pond, into Orient Harbor, making much of Cove Beach Estates an exposed peninsula. However, historic maps indicate that the villages of East Marion and Orient have been connected by two narrow strips of land enclosing the tidal Dam Pond except for a small channel (Figure 1) since at least the mid 1800s. The present topography of Cove Beach Estates is undulating with a number of minor rises and _ depressions; Photo 5 depicts one such rise. Steep slopes are present along the coastline, separating the beach from the elevated bluff that extends the length of the property. The highest elevation, approximately 38 ft above mean sea level, is encountered near the northwest corner of _ the parcel, with elevations dropping to approximately 20 ft to the south, in the vicinity of Lots 11 and 12, and as low as five ft above mean sea level east of Lots 1 through 10. Within Lots 1-10, there are numerous shallow pits and low mounds, likely produced by a number of means, including fallen trees, small-scale gravel mining, and in some cases dumped debris. Area workers revealed that local residents occasionally remove small and medium sized trees _ from the area, inevitably leaving behind pits (Ashlee W. Reiniger, May 28, 2003). Glacial erratics deposited during the last glacial retreat are found throughout Lots 1-10. Further south, the study area encompassing Lots 11 and 12 contains relatively open terrain, with both secondary — and more mature growth. As mentioned above, storm activity, specifically hurricanes, has had a great influence oil the current topography of eastern Long Island, including Cove Beach Estates. The maximum storm surges projected for even a low level, category 1 hurricane indicate that at least the eastern half of the project area would be inundated, along with the communities of East Marion, Greenport and Orient. Storm surges from a category 5 hurricane would completely inundate the entire North Fork up to five miles east of Cove Beach Estates (Mandia, n.d.). These inundations can result in the movement and deposition of large quantities of sand and gravel. A notable storm of the past century is the category 4 hurricane that occurred from September 12th to the 20`s, 1945 and tracked through Connecticut to the west of Long Island Sound. This storm would have produced significant storm surges, and would have washed over and altered the shape of the project area (Unisys Corp., 2003). Surface Waters and Wetlands The most significant water body in the area is Long Island Sound, which is adjacent to Cove Beach Estates to the north. Long Island Sound is tidal and opens into the Atlantic Ocean further to the east (Figure 1 and Photo 1). Just east of the property is the saltwater Dam Pond, a narrow- necked inlet off Orient Harbor to the south (Figure 1 and Photo 1). In addition, a number of small wetlands are present both within and adjacent to Cove Beach Estates (Figure 2). The most significant of these is located immediately east of Lot 10, the eastern most lot of Lots 1 through 10 (Photo 2). This wetland is currently part of an intertidal high marsh area including mudflats Environmental 2-2 Setting � � - �£ ^�� MOON Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York ' but appears from historic maps to be a result of filling activities between 1884 and 1894 (USGS, 1884 and 1894). Soils The primary soils in the area are the Carver-Plymouth-Riverhead Association, which consists of sands, sandy loams, and loamy sands (Town of Southold 2003:Section II, A, 7-8). Within Lots 1- 10, a thin topsoil layer was typically encountered, followed by sandy loams and then several layers of sand (Figure 2). The topsoil in the study area by Lots 11 and 12 was substantially ' thicker and richer, clearly the result of past agricultural activity and plowing (Figure 2). The specific soils encountered during subsurface testing are discussed in Subchapter 5.3, Stratigraphy. 1 Environmental 2-3 Setting 1 P � C ANfl'Hl ' 3.1 Prehistoric Overview The basic cultural sequence and chronology for New York State remains that of Ritchie (1994 ' [originally published 1965, revised 1969, 1980]), and modified by Funk (1976), Snow (1995) and others. It follows generally the overall sequence for eastern North America: ' Table 3-1 Cultural Sequence and Chronology ' Paleo-Indian Ca. 9,000-7,000 BC Late Pleistocene Early Archaic 7,000-5,000 BC ' Middle Archaic 5,000-3,000 BC Late Archaic 3,000-1,000 BC Early Woodland 1,000-0 BC Early Holocene ' Middle Woodland AD 1-AD 1000 Late Woodland AD 1000-AD 1525 ' Contact AD 1525-17'"Century Paleo-Indian ' The timing and route of Paleo-Indian colonization of North America, and the first human occupation of New York State remain unclear. Relatively few Paleo-Indians sites have been excavated in New York State, and only two Paleo-Indian projectile points are known from Long ' Island. The material culture of the Paleo-Indian period consists largely of projectile points, with smaller numbers of knives, scrapers, flakes, choppers and pounding tools. These assemblages indicate heavy dependence on hunting, probably of large game. • Archaic ' During the Archaic period ca. 7,000-5,000 BC, temperatures dramatically rose, causing drying, lowered water tables, and shrinking post-glacial lakes. Additional impacts of short-term change and deglaciation were rising sea levels which resulted in the sea entered Long Island Sound and ' separated Long Island from the Connecticut coast. The Early and Middle Archaic environment of Coastal Long Island Sound was therefore less favorable to specialized hunting, but offered a ' Prehistoric and 3-1 Historic Overview Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York variety of marine resources and small game along the coast, swamps, and in mixed forests, and especially along forest margins. Several Late Archaic or `Transitional' sites have been excavated along the northeast coast of Long Island, including the Stony Brook habitation site (Ritchie, 1959). The `Orient phase' sites of this period are especially interesting. The Jamesport, Sugar Loaf Hill, and Orient sites contained elaborate mortuary evidence, including ritually broken stone and pottery vessels, and other offerings such as flint tools (Ritchie and Funk 1973; Ritchie 1994:164-178). Small quartz _ projectile points and a variety of other quartz tools typify the Small Point Phase, a diagnostic site type of this period. Two Late Archaic sites have been found within a two-mile radius of the Cove Beach Estates, on the Sound side of the North Fork. More information on these sites is provided in Subchapter 5.1, Results of Background Research. _ Woodland During the Woodland period, horticulture was first developed, as well as the appearance of larger social units, including the predecessors of historically attested tribes. In technological terms the Early Woodland period is marked by the emergence of pottery but in most respects is similar to the preceding Terminal Archaic. Curiously, despite the expansion of horticulture, the emergence of large villages, and the presence of important settlement areas on western Long Island and southern Westchester County (Smith 1950), few Woodland sites are known on eastern Long Island. Contact Period Dutch maps and other historical sources note that the Mohegans, a subgroup of the Algonquins, — occupied Long Island during the Contact Period, and their numbers were quick to decline due to intertribal warring, disease, and conflict with European settlers. The History of Suffolk County, New York states that the Corchaug tribe owned the territory from Wading River to Oyster Ponds, encompassing East Marion and Orient (1882). Along the shore of Peconic Bay, about six miles west of Cove Beach Estates, a Corchaug Indian Village was excavated in the 1930s by Long Island Archaeologist Nathaniel Booth (The Traveler, 1997). The majority of the Native American sites found on the north fork of Long Island are known to have been on the sheltered, bay side. Prehistoric and 3-2 Historic Overview Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York 3.2 Historic Overview ' Seventeenth Century Various histories of Long Island indicate that English colonists from the New Haven Colony ' settled the area of Southold in 1640. At this point in time, East Marion and Orient were known collectively as `Oyster Ponds,' with East Marion being referred to as the `Upper Neck,' and Orient as the `Lower Neck.' These areas were partitioned among a few families into 50-acre ' plots running from the bay to the "north sea" (Long Island Sound) (History of Suffolk County, 1882). A brief history of the town noted that a common field was set up along the bay side, and to the north by Long Island Sound, an area was reserved for timber for building and firewood (Town of Southold, 1965). In 1650, there were about six families living in the area, this number grew to 24 by the year 1700 (History of the Town of Southold, 1882). ' The main ground transportation route at this time was the Kings Highway, now called Main Road (SR 25). The King's Highway was laid out as early as 1661, serving to connect both sides of the settlement across a narrow tidal inlet (Smith, 2003; Amy Philk, June 4, 2003). ' The lack of decent roadways leading to substantial trade markets on the western side of Long Island helped shape these remote eastern settlements. The coastal communities on the North Fork ' had a stronger tie to the communities across the Sound in Connecticut, as travel by water was more efficient for business purposes. From its earliest years, the town of Southold actually lived under the jurisdiction of the New Haven Colony, which merged with Connecticut in 1662. The governor of New York soon after claimed the entirety of Long Island under his jurisdiction, but trade and other aspects of life continued much as they had before. ' Between 1649 and 1732 there were four churches organized in the Town of Southold, and every man had to belong to one in order to hold a vote in town matters (Goodrich, 1983). ' Eighteenth and Nineteenth Centuries ' During the 181h century, the villages of eastern Long Island became more self sufficient, evidence by the construction of windmills in individual communities. Oyster Ponds was serviced early on by a windmill built on the south side of Main Road (SR 25). This windmill was replaced ' in the same spot two more times, in 1760 and 1810. A New York State archaeological site inventory form has been prepared for the ruins of this windmill, known as the East Marion Windmill (discussed further in subchapter 5.1, Results of Background Research). ' As in most New England towns, the American Revolution greatly affected the area's population. After the battle of Long Island many settlers left for Connecticut, feeling that Long Island was ' too vulnerable to invasion. As the area recovered from the war, and stability increased, it began to prosper in its marine activity. The waters surrounding the island had always been exploited for subsistence uses, and at this time, it began to develop into an industry. In the early 19`h century, Prehistoric and 3-3 Historic Overview Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York Greenport, situated on the bayside, was established as a major village, and shipbuilding, whaling, fishing and oystering all continued to prosper around this center. By 1844 the railroad reached as far east as Greenport, increasing the population and adding Irish and Germans to the traditional stock of English, Welsh and French Huguenots which already lived in the area. Soon after many eastern Europeans immigrated here, with the result that many Polish families still live the town of Southold. Agriculture also remained a top industry, as Long Island has some of the best soils in the state. Further advancements in this rural section of eastern Long Island was publication of the Suffolk Times, a weekly paper dedicated almost exclusively to news within the Town of Southold and Shelter Island. This paper has served these communities continuously since 1857. An 1873 map of East Marion depicts a number of structures along the Main Road, west of Dam Pond inlet, on both sides of the road (Beers, 1873). Most of the structures on the road appear to _ have been private dwellings, though there was also a Baptist Church, Temple Hall, and school. A cemetery was located on the north side of a body of water called the East Marion Lake, behind the church (see Figure 1). The more industrial aspects of the village were located further south of the road, including a number of ice houses on the south side of Lake Marion, a fish factory near Orient Harbor, the previously mentioned East Marion wind mill, and a tidal grist mill; both mills appeared to have been owned by H. H. Horton. The tidal mill was located at the outlet to Orient Harbor, though its exact time of construction is unclear. The mill utilized tidal waters moving from the harbor to the pond and back as a power source. The use of tidal power to drive the mill indicates that Dam Pond was a contained body of water. Cartographic evidence from this period shows no activity in the Cove Beach Estates study area, until the 1890s. By this time, the Lower and Upper Necks of Oyster Ponds had been officially separated into the villages of Orient, to the east of Orient Harbor, and Rocky Point, to the west (Figure 3, Rocky Point, 1894). Around this time, the causeway carrying the Main Road connecting the two villages was rebuilt, removing the remains of the tidal gristmill, which had fallen out of use. Cartographic evidence from the second half of the 19th century appears to show that the northwestern portion of Dam Pond was filled, creating the wetlands that now exist east of Lots 1-10 (see Figure 3). The area that encompasses the eastern portion of Lots 1-10 appears to have been plotted into agricultural lots, and a small bridge connected this area across the western spur of Dam Pond to other agricultural lots north of Main Road. Farm plots can be seen throughout most of Rocky Point, though much of the study area appears to have been wooded (Figure 3). The farming industry had become highly specialized in the area; staple crops included potatoes, cauliflower, brussel sprouts, and peas (Bailey, 1949). One recreational activity of the 19th century in the Town of Southold was "camp meetings" (Corwin and Corwin, 1972). Steamboats would arrive from Connecticut, particularly from towns along the Connecticut River, and local churches would organize tents and other provisions for Prehistoric and 3-4 Historic Overview Rocky Point, 1894 ]�L 11 8} 7 .... D U. 30} ( \ 1.0 34- 1r. 10 a 4 13' : 434 'hmyx l'�, >R•: o• t l ' ;Y; ',r 6 3yt [.} [. ]B ianL�Ahnalr.l,, 44rit .Hr ..� ri\•%`. l i 11 103i 0} a# W.r. �( . .,(9"�")w' �:f `,;•.; 'r.,. LB 3# r.S 3} :} i' 7. ! - � ,.• 'r"�•.�4 `fir•:. 8y3 311x.,' t1V 31 ,.3i• - �' 't_ lam`,, lu R cl<Y Pl r `', V , •� , , 7 7 .b'7 ',tr hra 7".� ,,, ^�/ yn 14i U}, 6 ,` r 4*3 ��° •��m f y� A� lU mss` J. �,'tu�,.i,_l�;••'t./ , 6t I4 hnl. 7 G ^ i. ,,t M, O�,' 16- 0 rN. r'1 / .r� 1p r16 - V a lrYri L ' 2 16( - ,,>• ..�i\ ..� t 1p. . r,{, .> r` r •r 11# G n":c P� 1 0 tlIQ 7 S `„ 18 ai ( \ p tr•,L+ [:U• • 4 \,d \ Ot ' ak 17 1D p 7 it to lob.. D# 3} 'o ',3 r l Gtr` .-1N` c , C ♦ 3 , 17 34 1. 6# at 19 16 S 113IA 1G - at p a o`n a 7 9 31 15 w i} 1nl.t �I [ . a n.. _ fir. �^ �s.e 7P t 4g 17 'r!. D- . Br^ ^ '�Sp „ 1 d •`� V ory I O� 1 VlJhrq.shead Ifk;t Sa 31 f 10 7 .r 7• t n.r�, .y� 3 r "" ai 31 0} 'on�Q I�Snch 1't. ....et 6k Dk h^.L.G D4 f 11 1i 14 6t a# ' 8t 1G ss uox [[yyyy 1r t.l 1• ,' '�y. Y[I: Dt 1r 7} 8 Ok x[[1,3/^ 1J• :'.x.1-. ♦x. 11! 10 Study Area 2500 _ _ 0 2500 Fmt 1x 500 0 500 Meters Source: USGS, 1894 Figure 3 1 ' Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York ' retreats in Southold, as well as other parts of Long Island. An 1896 map shows the location of a substantial summer camp, St. Thomas Episcopal Church Children's Home, adjacent to the study area, to the west of Lot 1 (see Figure 1 and Figure 4, East Marion, 1896). A New York City ' church ran this camp. ' Twentieth Century Cartographic evidence from the beginning of the 20°i century shows that the St. Thomas ' Episcopal Church Children's Home, a summer camp, was relocated, about 1200 ft east of its original location adjacent to Lots 1-10, to the center of the northern portion of the Lots 1-10 study area (Figure 2, Figure 5, East Marion, 1904 and Figure 6, Portion of East Marion, 1909). ' Containing 50 to 60 acres of land, the camp site included a dormitory building, washhouse, chapel, vicarage, tennis court, baseball diamond, and crib and summer house at the beach, as noted in a pamphlet of East Marion History post dating 1977 (Photos 6 and 7) (Wenk, n.d.). ' Employees of the St. Thomas Episcopal Church in New York City were contacted on several occasions in an attempt to gather more information regarding the summer home, its change in location, and any known activity in the area after it was no longer used as a campsite. One employee who was familiar with the Church's history recalled that there had been a fire on the property, which is when the site location was changed (Rachel Shah, June 4, 2003). More ' information was not available regarding the exact dates the camp was established or discontinued, or other activities that may have taken place there. As late as 1947, three of the four buildings shown on previous maps (the two southern buildings and the northwestern ' building) are extant; it is unknown what happened to the fourth structure (Fiure 7, East Marion, 1947). However, local residents recall a fire on the site during the mid-20I century; Ms. Shah also recalled a second fire on the property, which may account for the absence of a fourth ' building in 1947 (Rachel Shah, June 4, 2003). By 1956 none of these structures remain (Figure 8, East Marion, 1956). The site currently retains little evidence of past activity related to the St. Thomas site, except for a few areas of disturbed earth and construction debris, and intense secondary growth in the north of the Lots 1-10 study area (Figure 2). Another early structure in the area was the Life Saving Station, roughly 3500 ft west of the Cove ' Beach Estates Study Area, on the northwestern tip of the area still known as Rocky Point (see Figures 2 and 5). During World War II, the Coast Guard manned the station, disbanding the service in 1948. The building is extant, and was converted into a residence. The area of Rocky ' Point continued to develop over the century, as summer and year round houses were constructed, as well as a fire house (Figure 8). East this neighborhood, where the Cove Beach Estates property is located, the area has remained relatively undeveloped, aside from the St. Thomas site ' (Figure 2 and 8) and some modem homes. During the later half of the century, the Town of Southold began to buy open space in an effort to ' preserve these features from development; east of the property the 22-acre Dam Pond Maritime Reserve is evidence of this, as is the Cove Beach Estates property itself, which donated a large ' Prehistoric and 3-5 Historic Overview 1 East Marion, 1896 e 6 qq u• CN/L DRC NS NOMC 7iC. � =' •� PY'tr�� �51'�• Jii TNO+WAS (PIS. CNJRCR N r [: Y r err.•°Ni `1 < 5 rl 4 5 0 • 4 < <rk�.. • i '', _ - ��• Df[� kitk �• r 1 Y2 IOU's 90 i ii �04ato . ! �, �y��� � Y i ' iti f�� 9 �c •� 1 WA\" a ,Z �`�� 0 It I Is AV 7"o ,F . � • ,\` � HA Vil b I cxe�s �ecic44 v Y/ (1 1 s° •._� ��y R ac�Ci 1'L. f, - 4 y + 17 'r r 4 3 h llr FACTO o� 1' F 2 R � �'r t q 1�+`Voo .�• �l . 7 F 12 O AM �L) 0 Study Area 2500 0 2500 feet H 500 _ _ 0 500 Meters Source: Hyde, 1896 Figure 4 i 1 1 d= ,i 1 Photo 6. View of the main building (to the right) and chapel (to the left) of St. Thomas Summer Home. These buildings burned and were demolished sometime during the mid-twentieth century. They were likely located along the northern portions of Lots 4, 5 and 6. 1 1 1 Photo 7. View northwest along Truman Beach, looking at the Bathing Pavilion and dock of the St. Thomas Summer Home. These structures appear ' to have been north of Lot 5, but evidence of them at the Cove Beach Estates property does not remain. East Marion, 1904 Te r/y 7CIA Rocky , \ \U rr n � l East. b . _ aaa P \ fir\ ♦ / / - �:a ' 101 1 Petere Neck P?. a N\ a \ I � } Q Study Area Source: USGS, 1904 Figure 5 Portion of East Marion, 1909 r {' ST. TMAS CHILDREN HOME ' ✓Q S° I I r p I � �' r- I I • —c�r 1, II `{ p - .. ORIENT HARBOR Q Study Area Source: Hyde, 1909 Figure 6 East Marion, 1947 Terry Pt Rot uSf $ OC �� 4 ~C1. � •s• Z,1 it Oam 25 A \v;,East Mar n /� \\� • \70 ORIENT HARBOR /' � � -,Lok• [� Study Area 2500 0 2500 Feet 500 0 500 Meters Source: USGS, 1947 Figure 7 C East Marion, 1956 M N d► N J7 Y /O M 1r N N M IIl � � � 0<fie.'•. S ne SO As Of n AO N X e Terry . a • A. as Of u 4 4. sr • N n /Huns' • ♦ +' . •.••,w tf n to is �r t es so As'( M AV 13 1p is Qor Rx '•�.. 7 l^ i �a.n ° p•,ent 9 o pam /r Ye:ht C�uD pv ppm • ORIENT e x 2 is is HARBOR ` o /s x Q x S• .� l`, s is t • mKiort C.. 21 of W. t � ��' ; • e GARDINERS m BAY a Q Study Area Source:USGS, 1956 Figure 8 .� 'I' � # •4rx 1 � .Ya/ ti As part of their DEC wetlands permit application, Cove Beach Estates, LLC was requested to ' determine the impact of planned development upon archaeological resources. The New York State Historic Preservation Act of 1980 affords protection to archaeological resources meeting the eligibility requirements for inclusion on the National Register of Historic Places. Per a ' telephone conversation with George Hammarth of the DEC, it was agreed that Cove Beach Estates, LLC would focus its efforts exclusively on the building envelopes of Lots 1 through 12 (Figure 9, Cove Beach Estates Study Area) (Hammarth, April 24, 2003). For Lots 1 through 10, ' this building envelope is set back 100 feet (ft) from the bluff overlooking the Sound. The only planned construction activities outside of these building envelopes are driveways that will ' connect each house to the proposed new access road. The objective of this archaeological reconnaissance survey is to provide the documentary and ' physical evidence necessary to determine the potential for archaeological resources to be impacted by construction within the building envelopes of Lots 1 through 12 (Figure 9). This effort involved background research, a walkover survey, subsurface testing, and laboratory analysis of the recovered artifacts. The general methods followed for each of these tasks are provided below. This survey followed the general recommendations of the New York Office of Parks, Recreation, and Historic Preservation (SHPO). 4.1 Background Research 1 As an initial phase of research, the goal of background research is to determine the potential for the presence or absence of archaeological resources and to develop appropriate contexts against ' which to assess the importance of any finds. In order to develop necessary background information on the environment, prehistory, history, and known cultural resources in the area, research was conducted at the following repositories: ' • New York SHPO, Peebles Island, NY; ' • New York State Library, Albany, NY; • New York State Museum, Albany, NY; • New York Public Library, New York, NY; ' • Southold Historical Society, Southold, Long Island, NY; and • Floyd Memorial Library, Greenport, Long Island, NY. ' This effort also involved personal communications with individuals knowledgeable of past site activities. Employees of the St. Thomas Episcopal Church in NYC were contacted to find out more information regarding their summer camp in East Marion (Rachel Shah, June 4, 2003). ' Employees of the Peconic Land Trust, who helped clear some of the Cove Beach Estate Lots while field work was conducted, provided valuable information and documentary evidence of prior activity (Ashlee W. Reiniger, May 28 and June 8, 2003). Several area residents who were ' Research Design/ 4-1 Survey Methods 1 Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York walking through the Cove Beach Estates property while fieldwork was conducted also shared information regarding past activity within and around the project area; however, the names of these people were not taken. — 4.2 Field Methods - Fieldwork consisted of a walkover survey and subsurface testing. The walkover survey involved — observation and documentation (through photography, maps, and/or field sketches) of the following: • Location, condition, and extent of known sites in project area; • Past and current land uses; • Topography, vegetation, and hydrology; • Nature and extent of historic and modern ground disturbance; and • Evidence of historic and/or prehistoric activity. Subsurface testing was conducted in order to determine the presence or absence of archaeological resources and gather general information regarding the area's stratigraphy. Subsurface testing consisted of the excavation of a series of 15-inch (in) diameter circular shovel test pits, excavated in each lot's building envelope. Tests were laid out in either roughly linear transects, small grids, or individually, depending on the following factors: • Perceived archaeological potential; • Uniformity or variability of the topography; • Evidence of significant ground surface disturbance; and • Accessibility of ground surface. On certain occasions, portions of lots with dense ground cover and little variability in topography were avoided when alternative areas with less ground cover were discovered. Shovel test pits established along transects or in grids were generally spaced at an approximately 33 ft interval. Shovel test pits were excavated by hand using shovels and trowels. All excavated soils were screened through 0.25-in hardware cloth. All recovered artifacts were placed in ziplocked plastic bags and labeled with the test number and stratum. Each location was excavated until sterile subsoils were encountered except on a few occasions when large buried cobbles impeded further excavation. Pits were excavated in natural stratigraphic levels. The location and excavation records are provided in Appendix A. The locations of shovel test pits were marked with surveyor's pin flags during excavation. A unique numerical name (a Test #) was assigned to each and written on the pin flag. Mapping the location of these test pits was established by measuring off existing building envelope stakes, surveyed in by Young & Young, Land Surveyors, with a cloth metric tape to measure distance, Research Design/ 4-2 Survey Methods ' Cove Beach Estates Study Area Lot IN ' Lot 2 i ' Lot ' Lot 4 of 5 ' Loth � Lot 7 7 Lot 8 Lot 9 Lot 1 OA n � o� Lot 1 Sm r Cave Beach Es400 0 400tates N j---� Scale in Feet I '---� study Area tzo o 120U1 BUg EnVBIOpa Scale in Meters n Source: young & Young, Land Surveyors, 2002. Figure 9 V ' Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York ' and a handheld compass to calculate angles. Maps supplied by Young & Young, showing the building envelope stakes and the paved and roads were used to mark the location of individual pits in the field. ' All field data were entered into field notebooks. Excavation information, including provenience data, complete soil descriptions, and lists of collected artifacts, were entered into these notebooks ' as work progressed. ' 4.3 Laboratory Analysis ' At completion of fieldwork all recovered artifacts were taken to the Earth Tech archaeology laboratory for processing. The artifacts were brushed and washed to facilitate identification, sorted, catalogued, and computer inventoried. The complete artifact catalogue is presented in ' Appendix B. Historic/Modern Artifacts The process of cataloguing historic artifacts involved collecting information on several attributes for each artifact. Table 4-1 provides a list and description of these attributes. Table 4-2 provides ' a breakdown of the several Functional Groups, and their respective artifact classes, by which the assemblage was sorted. Several reference works were utilized during the artifact identification, dating, cataloguing, and analysis stages of laboratory processing for the Cove Beach Estates ' collection. The dating of artifacts from such a highly fragmented assemblage is always problematic, ' however, there are numerous reference works considered standard by most professionals in the field of historic archaeology. The dates used for historic ceramics in this analysis were taken primarily from Noel Hume (1976) and South (1972), with additional information regarding ' diagnostic stylistic and decorative changes or refinements derived from Coysh and Henrywood (1982). Glass references include Munsey (1970), Noel Hume (1976), and Lief (n.d.). Dates and descriptive information for other classes of artifacts were taken from Busch (1981), Lifsey ' (1973), Noel Hume (1976), Peterson (1976) and Stehling in Geismar(1996). 1 Research Design/ 4-3 Survey Methods Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York Table 4-1 Historic Artifact Attributes Functional Food Service, Describes the general type of activity the artifact is Group Architectural, etc. reflective of. Artifact Historic Ceramics, More narrowly. defines the activity the artifact Class Nails,Window Glass, etc. represents within the broader functional group. Material Wood, glass, iron, etc. The primary material that the artifact is composed of. Type Whiteware, redware, A term describing a diagnostic attribute of the artifact, aqua glass, etc. where relevant. Element Fragment, bodysherd, The portion of the original object that the particular spall, etc. artifact was once part of. Specific For certain artifact classes, specific date ranges are Date Range 1850+ available based on documented ranges of manufacture. General POth century This field describes the century or portion of century Time Period during which the artifact was likely manufactured. Comments Motif and/or vessel More specific information concerning the artifact and corm any diagnostic aspects or details. Research Design/ 4-4 Survey Methods 1 ' Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York ' Table 4-2 Historic Functional Groups and Artifact Classes Historic Ceramics ' Food Service/Preparation/Storage Bottle/Container Tableware Glass ' Architectural Materials Construction Materials Nails ' Furnishings Decorative Furnishings Clothing Related Fastener ' Smoking Pipe Smoking Pipe Faunal Remains Shell ' Public Services Related Activities Group Miscellaneous Artifacts 201"Century Debris Not Assigned Unspecified ■ Research Design/ 4-5 Survey Methods sam"M W4 5.1 Results of Background Research A site file search conducted at the New York Office of Parks, Recreation and Preservation, also ' known as the NYSHPO revealed that five previously identified archaeological sites and one National Register-listed site are located within a 1.5-mile radius of the project area (Figure 10, Previously Identified Cultural Resources in the Project Area Vicinity). These resources are listed ' in Table 5-1 below. Table 5-1 ' Results of NYSHPO Site File Search ' 1No Al 03-10-0252 information No information Dam Pond 2 A10210.00.1165 Historic Early 19th century East Marion ' Windmill 3 At 0310.001297 Prehistoric No information Orient Islates 4 A10310.001295 Prehistoric Late Archaic Period Peconic Landing Prehistoric Site #2 5 A10310.001294 Prehistoric Probably Late Archaic Peconic Landing Period Prehistoric Site #1 ' National Register- Late 18th to early 19th Orient Historic Register- listed Historic N/A Historic District I I centuries District Of the archaeological sites, three contained prehistoric remains, one contained historic remains, ' and the cultural affiliation of the fifth site was unspecified. The Orient Islates site was located in a wooded area near Orient Harbor, and was comprised of only six isolated pieces of quartz _ debitage, the remains of tool making; the archaeologists studying this site in southern East Marion believed this to be evidence of a prehistoric site located near an adjacent tidal inlet (Figure 10). Peconic Landing Prehistoric Sites 1 and 2, located northeast of the Town of Greenport, and closer to Long Island Sound, were identified through a series of archaeological surveys (Figure 10). Both sites were concluded to be part of the Late Archaic Small Stemmed Point Tradition of northeast North America, and are likely from the same occupation. Site #1 Results 5-1 Results Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York contained approximately 760 artifacts, including quartz tools and debitage; Site #2 contained over 160 artifacts. The East Marion Windmill was a wind-powered gristmill built in 1810, on the site of a previous windmill (built in 1760), and was one of the few remaining mills still operating in the beginning of the 201h century (Figure 10). The building no longer stands, but was important in the development of windmill technology and as a part of the industrial and agricultural history of the Town of Southold. An archaeological site inventory form was submitted to the NYSHPO identifying the approximate area of the Dam Pond site, noting it's general location on the west side of Dam Pond (Figure 10). A call was made to Mike Schifferly at the NYSHPO, who reported that they have no further information for the Dam Pond site, though he believes the form was probably filled out in the 1970s when the Suffolk County Archaeological Association (SCAA) (Schifferly, June 4, 2003) conducted a comprehensive cultural resource study. Dr. Gaynell Stone from the SCAA was contacted, and she noted that the Dam Pond site was listed in their files for the village of East Marion under site #735, but no further information was located at their repository regarding the nature of the site (Personal communication, June 19, 2003). Evidence recovered at the Floyd Memorial Library in Greenport provides a clue to the identify the Dam Pond site; a map produced by the Town of Southold in 1965 for their 325th anniversary indicates two "Indian villages" on the west side of Dam Pond, on the north side of its spur, southeast of Cove Beach Estates. No further information regarding these Indian villages is mentioned in the accompanying town history, and it is only their locations that suggest they are related to the Dam Pond Site. The National Register-listed Orient Historic District encompasses over one hundred dwellings and public buildings from the late 18th to early 19th centuries, located on 60 acres of land in Orient, Long Island, stretching from Truman's Beach to Orient Point (Smith, 1976). The hamlet of Orient still retains its traditional atmosphere as a 19th century seafaring and agricultural district. 5.2 Cartographic Analysis A series of historic maps were reviewed to identify changes in land use at Cove Beach Estates and the immediate vicinity. An 1873 map of East Marion (Beers, 1873) depicts the shoreline of Orient Harbor. Dam Pond is shown connecting to Orient Harbor via a channel, with road segments of Main Road (later Route 25) to the east and west. The H. H. Horton Grist Mill was located on the western spur and utilized tidal waters moving from the harbor to the pond and back as a power source. Documentary information suggests that at this time, residents could travel from East Marion to Orient via a road running northward along the western edge of Dam Pond, and then along Results 5-2 Results Previously Identified Cultural Resources in the Project Area Vicinity _ eo 17 JAM ^ J { . r x ` ..meq N. npAY ✓ �A� P )rOi.lH 7 ` a. soft T .H Q L D L AL � 1 r: \ ."r P' 4 Fr Jr > t L���,. �' bra! a; Nds• '� � ! ���`-'�` • Previously Identified 2400 0 2400 Feel Archaeological Sites IN 0 Study Area 600 0 400 rnetem Q Orient Historic District (National Register-listed) ' Source:USGS,1956. Figure 10 Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York ' Truman Beach and into Orient. However, no cartographic evidence was discovered to support this scenario, and Truman Beach's sandy and gravel composition would have made travel _ difficult. The 1894 USGS map (Figure 3) shows Main Road as extending, unbroken from Rocky Point to ' Orient, suggesting that a causeway had been constructed over the channel between Dam Pond and Orient Harbor (Town of Southold 2003:Section II, 10). This map also indicates two areas of swamp or wetland to the west of Dam Pond, one immediately along the shore and the other ' further inland, closer to Lot 10 (Figure 3). The eastern and northern portions of Cove Beach Estates appear partially cleared and parceled on this map; the western portion appears forested. No structures are shown. ' Offshore measurements from the 1894 map show a uniform depth of seven ft along the central area of Truman Beach, corresponding to the eastern shore of the project area and the area to the immediate north of Dam Pond (Figure 3). The offshore depth along the entirety of Truman Beach then grade upward to an unusually uniform depth of 3.5 ft. Depths are more varied further to the north and east around Orient Shoal. These measurements are suggestive of efforts to ' reinforce Truman Beach with offshore dredging and piling debris along the shoreline. Coupled with the possible earlier presence of a roadway, these data suggest Truman Beach had been significantly modified earlier in the 19th century. ' The 1896 Hyde map (Figure 4) indicates a large structure northwest of Lots 1 through 10 (Figure 9). This structure is labeled "Childrens Home/St Thomas Epis. Church NY." The ruins of a ' wood-railed staircase leading from the bluff top to the beach in this area may have once been associated with this structure. According to sources at St. Thomas Church in NYC, this building was a summer camp that, due to a fire, was later relocated to the east. ' The new location of the St. Thomas summer camp is depicted on a 1904 USGS map (Figure 5) as within the eastern half of the Lot 1 through 10 area of Cove Beach Estates. This 1904 map . shows four structures, two larger ones, located close to the Sound, and two smaller ones, located immediately behind the first two, further from the Sound. Photos 6 and 7 depict some of these structures. The original structure indicated on the 1896 map (Figure 4) is no longer present on this map. Access to these structures from Main Road appears to be by an unimproved road (indicated with a double dashed line on Figure 5). This map also indicates a small wetland to the east of Lots 1 through 10. A Hyde map from 1909 (Figure 6), which was traced from an original map for inclusion in this report, indicates a similar configuration and location for these four structures. On this map the structures are labeled "St. Thomas Childrens Home." Although the access road depicted on the 1904 map is still present on this one, a new access road to the east of the first is also depicted. This new road extends northward from Main Road, across an inlet of Dam Pond, a projecting finger of land, labeled Addisons Point, and the property of Herbert Schellinger. It then curves to the east, possibly avoiding the wetlands pond east of the study area (Photo 2), and then to the Results 5-3 Results Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York northwest, along Truman's Beach to the St. Thomas site. However, evidence of this road was not noticed in the field, and it is unclear whether it ran east or west of the wetlands. A 1947 USGS map shows only three of the four structures associated with the St. Thomas site (Figure 7). Documentary and photographic evidence suggests that it is the parish house that is no longer present, previously located in the northeast quadrant of this site (Photos 6 and 7). Employees of the St. Thomas Church in NYC as well as East Marion residents, remember another fire occurring at the summer camp during the mid 20`s century, which could explain the missing structure. The access road also appears to have been changed as compared to earlier maps. On this map, the western access road appears to no longer fork at its northern terminus, and the eastern road no longer appears to extend all the way to the beach. Instead, this eastern roadway only extends roughly 700 ft north of SR 25, to two new structures, and is not shown crossing the western spur of Dam Pond. The 1956 USGS map (Figure 8) was executed from photogrammetric information and field checked. This topographic map was rechecked in 1976 and no significant cultural or drainage changes were noted (NYSGIS, 1956 and 1976). None of the structures once associated with the St. Thomas Summer Home, or any new ones are present in Cove Beach Estates. The access road is still depicted, although with a slightly different configuration. This map (Figure 8) also indicates a small but very straight channel extending west from the northwest corner of Dam Pond. A previous landowner indicated that during the Great New England Hurricane of 1938 Long Island Sound had broken through Truman Beach and connected with Dam Pond (Mandia, n.d.). In the aftermath the U.S. Army Corps of Engineers had constructed the channel between Damp Pond and the wetland, apparently as a flood control measure. This information suggests the reconstruction of Truman Beach as a heavily modified structure in an area prone to heavy flooding. Another local informant recalled that during World War II the areas of Lots 11 and 12 were plowed and planted with vegetables, possibly cauliflower. This may account for the level topography and deep rich topsoil in this area. Topographic information on the 1956/1976 map is problematic. The finger previously labeled Addisons Point is indicated by a dotted contour that does not connect with other contours. Still more interesting, however, is the fact that the elevated portion of Truman Beach is indicated by a single oblong contour that does not join with the landmasses to either the west or east. The elevation of this contour is unclear, but these data have been abstracted in the current New York State Department of Transportation Raster Quadrangle (NAD 83 datum) (NYSGIS, 1956 and 1976) and in effect depicts Truman Beach as an island. Also noted on the 1956/1976 map are areas of gravel mining. Landscapers in the area noted that sand mining had been conducted over the past 50 years in the area around Cove Beach Estates; the map suggests that mining was particularly intensive along the mid western portion of Cove Beach Estates (Figure 2 and 8). Results 5-4 Results 1 ' Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York 5.3 Results of Reconnaissance Walkover t Prior to initiating subsurface testing, a reconnaissance walkover was conducted in Lots 1 through 12. During this walkover, the field team identified the following evidence of past ground surface disturbances: ' • A varied patchwork of ground cover, with some areas being forested, some very heavily vegetated with scrub brush and only occasional mature trees, and some ' areas that have been cleared (Photo 8); • Specific areas where the prevailing vegetation are indicators of past ground disturbance (such as wild grape vine); ' • Numerous shallow pits, low mounds, and piles of gravel; and • Locations where modern dumping has occurred. ' Limited evidence of historic activity was also observed. This evidence consisted of a possible foundation pit and occasional building debris (Photos 9 and 10). The possible foundation pit was observed along the western edge of Lot 5's building envelope (Figure 9). This area was highly ' overgrown with shrub brush and wild grape vines. The pit was irregular in shape and contained no evidence of building material, suggesting that it in fact was probably not a former foundation but instead an unknown disturbance. Shovel test pits excavated in this area did not encounter any tcultural material. Small amounts of building debris were observed in several locations and consisted of brick wall fragments, individual bricks, and concrete fragments. These remains were observed in the southern portions of Lots 5 and 6. 1 ' 5.4 Results of Subsurface Testing Based on the presence of previously identified prehistoric and historic sites in the general ' vicinity of Cove Beach Estates (Section 5.1), the results of cartographic analysis (Section 5.2), and the walkover (Section 5.3), it was assumed that Lots 1 through 12 have a moderate potential for archaeological resources to be present. In order to evaluate this conclusion, a subsurface testing program involving the excavation of shovel test pits was carried out. Between May 13th and 30`s, 2003, a total of 206 shovel test pits were excavated at the Cove ' Beach Estates property. As discussed in the field methods section, these test pits were either located within or, in a few locations, immediately adjacent to the building envelopes of Lots 1-12 (Figure 11, Results of Testing - Lots 1 to 10 and Figure 12, Results of Testing - Lots I 1 and 12). ' An average of about 17 shovel test pits were excavated within each building envelope, depending on its size, along either linear transects, small grids, or as isolated, judgmental pits. The most pits were excavated in the Lot 1 building envelope (Photo 8), 26, as it was the largest of all of the lots. The results of subsurface testing are summarized in Table 5-2. ' Results 5-5 Results 1 Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York Table 5-2 Results of Subsurface Testing — 1 26 0 0 0 0 No cultural material — 2 14 1 7 1 <1 One unidentified iron fragment 3 19 2 11 3 <1 Two charcoal fragments; one coal -- fragment Low concentration of scattered historic 4 19 4 21 983 39 and modern remains including many tin can fragments 5 17 5 19 29 12 Low concentration of scattered historic and modern remains _ Low concentration of scattered historic and modern remains, including many 6 16 7 44 97° 39 charcoal fragments; eleven glass bottle/container fragments; one shell — fragment; nine fragments 20th c. debris Low concentration of scattered historic 7 16 3 19 18 7 and modern remains, including four charcoal fragments; two hard shell fra ments 8 18 0 0 0 0 No cultural material — Low concentration of scattered historic 9 18 2 11 1 <1 and modern remains including one historic ceramic; one charcoal fragment — 10 13 0 0 0 0 No cultural material 11 14 1 7 2 <1 One charcoal fragment; one historic -- ceramic fragment 12 16 0 0 0 0 No cultural material Total 206 25 12 249 Notes: 'Percent of pits excavated in lot containing artifacts. 2Percent of the total artifact assemblage. 382 of these artifacts are small rusted fragments of a single tin container. 480 of these artifacts are charcoal fragments from a single deposit. Results 5-6 Results A ��, �. ;. x Y �� �'� ' of .:� fi - +fyJ' � . j � ,. ,.._may,.. ��. � � 'y 'r i � � T r r ' �, . � L � ��� �_ i +� <�� ,.'?;� � � '�.- -� s r � _i ./ i ��- _ .. � � .3' � � � Z. � i � '� •' _ G i. F ,'��•pC t � Y A a j t i i • • • •• ••• •• Results of Testing - Lots 1 to 10 1.11 ;• L 1.172 Lot .k.••• •1. 6 1.1.8 1.1� •1.: .9 •` 1.1� •1. 10 1.1.11 •1.1.1 - 14• 01.1.15 1-1.13 't'• s, 116 .3.1.36 .�•. ,. . _.� , •1.1.16 r .ig laad .StandLot 2 :F ' .r \ •1.1.19 A 1.1.20 '••. �. . 2.2 2.2.8 L 1.1.2{ •1.1. a € - £E( ' `•�...�c 1.1.\ 02.2. 2.219 h'•�h _."-. ".+- - £ - < a i.:--- _ pp •`h tt ! E f \ \ Lot~�•• MOW f c \ p` 02.1.5 € S >£ I p y! 1 -,92.14 \ ,92.11 .2.60• .5 = -\ j •. .2-23 �w " ! ! �F ! £ ; ' '\ t 2.2 3.1.1 2- • :\ •� 3.1.7• ! Lot 4 I••. ♦„y :. _ 03.1. - 3.13• pf 4.2.2,2w f •,�••�„ s 1 (i€ t \ f 320.3 2.3 • 1.9 € .; -51 Lot ST 0 21 03 ,\ 1i « 03.1.13 �Q A2O. • t 05-' 3. 1 • / £ tit T •• f 3 ................. 1.4 '\ 3.1.12 € 4.26 1 05:179 • .lt f Lot �•"•• `h. t •6. . s;YA 0 .1.4 - € 7.23 3.1.10 ( 4.1.5 6 f 06.2.2 03.1.9 € € s2!6� •6.23 If € Lot 0 .7.1.1 A2.73.1 1 • 05.13 • >3 •'.297.12 € y� Lot 9 04 € ••f'•... ; ,\ 1 F' " • .1.4 € 8.1.1• ,{ t 0A29 5.2.9 Q' 62.6 � � / 07.1.3 •. `°` '• p4. 0 Al ;� 5.1.60 €` • 13:. .� 1 .2 8.1.20 € •9.2.1 } • ` t 5.1.7• 1 06.2.7 0 1 , f i � •' i € Qu.3- _- ! • 9.1.1 Lot7 A€ 1 6.1.3• € p 6212 �� 9,. 5.1.8 QQ (] ('6.2.8 ( I 9.2.3 T .7#$ 07.2-6 07 Sy- 2.4 + •8 41 F \; 7 06.2.9 ) .1. 07.2.7 .230 • Ie09.2A 0 ' �•• b f d ' 0 . • .1..7. ___._..__.__. • 0.2.11 0.2.33.1.9 (77.2.8 07 1.7 •822.5 0.2.1. •7.2.907.1. •8.76 0 5• 9.1.3• 1 0.2.2 10.2.9 10.2.10 0.2-382 •� .9 •8.2.8 • (]'1.8 .2.6 9.1.4 0 ? 0.2A 10.2.8 •� - - 08.2.9 9.2.70 09 .5 0.2.7 ' •\ 199 30.2.6 .90 •9.2.8 0 .2-7 •• 8.2.1 9.1.6• SB 10.2.5 .119 • Shovel Test Pit 200 0 200 400 Feet 6 ' 0 Shovel Test Pit-Modem or historic artifact so D 50 100 Meters Building Envelope - •-•• Cove Beach Estates ' •--••---- Study Area Lot Boundary Figure 11 ' Results of Testing - Lots 11 and 12 i ' Lot 11 ' 1 1.9 • ' � 1.1.5• •.\ `� • t • 31. 7 � t Lot 12 12.2. 01 .6 •• � � � .1.6• •1 2.3 ♦ 11.2.5 1 •1 2.2 s •11. 5 12.1.5 • a 11.2. • 2.21. 11.2 O •11. 4 012.1.4 ♦% 1 .2.2 • • 1 .3 ' ` •11.2.1 • .1.2 • 12.3.4 912.1.3 ' •'12. • • 12.1.2 � r •'. '\ 12. .2 • :2.3.6 12 1 4`1 r +�•�,:�:;.;:i^�•.i"� ' .12. .1 • 1 s . !.. .., ..•:;i ` • Shovel Test Pit 50 0 50 100 Feet N O Shovel Test Pit-Modern or historic artifact •= Building Envelope 20 0 20 40 Meters 4 •• Cove Beach Estates ' ......... Study Area — Lot Boundary Figure 12 Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York Artifacts were recovered in only 25 (12 percent) of the excavated pits, with the remaining 181 being sterile. A total of 249 artifacts were recovered from these 25 pits. The entire artifact assemblage consisted of assorted historic and modem refuse, although the majority of these finds (76 percent) were either coal refuse or fragments of a tin can encountered in test pit # 4.2.3 (Figure 11). No prehistoric artifacts or features were encountered in any of the test locations. Subsurface testing revealed a low concentration of scattered historic and modem debris. Based on the following observations, it appears that Lots 4, 5, 6, and 7 were the location of historic activity, likely associated with the St. Thomas site indicated on historic maps dating to as early ' as 1904, discussed earlier in Section 5.2: • Approximately 97 percent of the artifact assemblage was recovered from Lots 4, ' S, 6, and 7; • The only excavated architectural remains (six artifacts) were recovered from Lots ' S and 6; • The majority of the architectural debris observed during the walkover was encountered in Lots 5 and 6; and ' • Almost half of all shovel tests containing historic artifacts were located in the southern portion of Lots 5, 6, and 7. ' Aside from a small number of isolated artifacts, cultural material was absent from the remaining eight lots (1 through 3 and 8 through 12). Section 5.4 provides a more detailed discussion of the recovered artifacts. ' The stratigraphy encountered during subsurface testing is comprised of three basic stratum, an organic topsoil horizon (AO), a leached horizon (Al), and an accumulation horizon (131) ' (Appendix A provides the excavation record). These stratigraphic layers were present throughout the site, though subtle variations in these layers were detected across the site suggesting that the eastern half of the site had at one time been a beach. The topsoil across the site is loamy sand, ' and ranges from a maximum depth of approximately four in to being locally absent. In the easternmost units, especially Lot 10, the topsoil was essentially comprised of a dense root mat with some accumulation of organic material and sand (Photo 11). The depth of the topsoil in the east was often difficult to determine due to the thick roots and accumulations of organic materials, but often was as little as two in. In contrast, the southwestern most units in Lot 1 were characterized by well-developed sandy loam, ranging up to eight or four in in depth. Topsoil was ' absent, however, at higher elevations along the bluff line in the northwest, probably due to modern disturbances and aeolian processes. The presence of well developed topsoil at higher elevations (except the bluff) and poorly developed topsoil at lower elevations is indicative of ' higher groundwater and runoff in the easternmost units, in proximity to Dam Pond and associated wetlands. It also indicates that soil formation in the east is more recent than in the west. ' Results 5_7 Results Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York The leached horizon (Al) throughout the site is characterized by sandy loams. Once again, however, the soils in the west were better developed, moist, and often compact. To the south, in the area of Lots 11 and 12, they were more uniform and compact, characteristics of agricultural soils (Photos 12 and 13). Considerable variability was also noted in the thickness and composition of the Al horizon, suggesting these soils formed across complex topography. In specific terms, it was difficult to determine in some cases whether the soils should be characterized as sandy loam or loamy sand, as grain size and angularity varied. It is suggested that these soils formed across a topographically complex beach surface, which as noted above, rose to the south and west, but which also undulated. The numerous depressions that would be found on such a surface provided an environment for additional sorting of sands, cobbles, pebbles and gravels. The presence of heavy fractions such as sands, pebbles and gravel, and even cobbles in some units, while absent in adjacent units, is another indication that wave transport and sorting of sediments took place on a topographically complex surface. The accumulation horizon (B1) found in the area was comprised of sand, which in some units was described as loamy or even silty sand. The sand horizon was found across the entire site, and closer to the beach overlaid another lighter colored sand horizon at a depth of more than 20 in. The presence of cobbles, pebbles, and gravels again indicates sorting of material. The presence of such variation even in Lots 11 and 12 shows that the beach stretched a considerable distance to the south toward East Marion. During subsurface testing, artifacts were recovered from both the topsoil horizon (AO, Al, and A2) and the subsoil (B1 and 132). However, the cultural material recovered from the subsoil is more a reflection of soil disturbance than depth of deposition. Table 5-3 provides the vertical distribution of artifacts at Cove Beach Estates. 5.5 Results of Laboratory Analysis A total of 249 artifacts were recovered from the Cove Beach Estates test excavations. The artifact assemblage consists of scattered historic and modern debris, and the artifacts are in a highly fragmented condition. The highly fragmented condition of most of the historic materials recovered made dating difficult, and, in most cases,precise dating impossible. The 249 identified historic artifacts recovered from the Cove Beach Estates shovel test pits were identified to eight Functional Groups within the overall artifact taxonomic classification system used during cataloguing and analysis. These broad functional groups were: Food Service/Preparation/Storage (26 artifacts, 10.4 percent of the total artifact assemblage; Architectural Materials (6 artifacts, 2.0 percent); Furnishings (1 artifact, 0.4 percent); Clothing Related 1 artifact, 0.4 percent); Smoking Pipes (1 artifact, 0.4 percent); Faunal Remains (5 artifacts, 2.0 percent); Activities (121 artifacts, or 48.6 percent); and Not Assigned (89 artifacts, 35.8 percent). The complete artifact inventory appears as Appendix B. Results 5_8 Results 1 1 i 1 1 1 fit 1 Photo 12. View northwest in Lot 12, showing typical topography of Lots 11 and 12, lightly wooded, level with some briers and other secondary growth. 1 1 1 1 Photo 13. View north from the northern portion of Lot 11, showing the typically open, level topography of this area. 1 ' Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold New York Table 5-3 Artifact Totals by Stratum by Lot ' 2 0 1 0 0 0 3 0 1 0 2 0 ' 4 0 12 3 0 83' 5 14 2 0 13 0 ' 6 21 87+ " 0 0 0 7 2 1 0 3 0 ' 9 0 1 0 1 0 11 0 2 0 0 0 ' Total 37 107 3 19 83 Notes: " 82 of these artifacts were fragments of a very rusted tin can. " Four of the artifacts from this category were located in a buried A layer. Within the broad functional groups, the artifacts have been further assigned to eleven Artifact ' Classes. The breakdown of artifact class by lot appears as Table 5-4. ' The seven Historic Ceramic sherds identified in the assemblage have initial dates of manufacture in the mid-19th century. However, the date ranges of production for the ceramic ware types continue throughout the latter half of the 190i century, and continue well into the 200' century. The presence of sherds or whole vessels with identifiable maker's marks usually enables more precise dating of ceramic artifacts. The identification of certain vessel forms, sometimes together with particular decorative motifs, can also help to more narrowly date ceramic artifacts. ' Results 5-9 Results Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York Table 5-4 Artifact Totals by Class by Lot Ceramics 3 2 1 1 7E66.. B/C Glass 2 4 11 17Tableware 2 2ConstructionMaterial 4 4 Nails 1 1 2 0.8 Decorative 1 Furnishings 1 0.4 HFasteEner 1 1 0.4 _ nE 1 1 0.4 Shell 2 1 2 5 2 Public 1 Services 1 0.4 Misc. Artifacts 3 2 13 84 5 1 108 43 Unspecified 1 F F 84 1 3 1 1 1 1 89 36 20th c. Debris I 1 1 1 10 1 1 11 4.4 Totals By Lot 1 1 3 1 98 29 1 97 1 18 1 1 1 2 249 100 The historic ceramic sherds identified from the Cove Beach assemblage displayed partial maker's marks. The first, an undecorated ironstone basesherd, was recovered from test number 9.2.3, Stratum Al. The partial mark consists of "...P. CO. over ...in U.S.A." printed in underglaze green. This mark is too incomplete to identify. Based on the specific ceramic ware type and the green printing, this sherd has been dated post-1850. The second marked ceramic sherd was recovered from STP 5.2.7, Stratum B 1. This partial mark, on an undecorated ironstone basesherd, consists of "Rd..." in underglaze green within a box. This mark represents a partial British Registry Mark. Following the passage of the Copyright Act of 1842, it was possible for designs or shapes to be registered at the London Patent Office. The registry mark gave protection from copying or piracy for a three-year period, after which the protection could be continued for an additional period by re-registration. From 1843 to 1883, the registry marks were diamond- shaped, either impressed or printed on the base of the vessel. Beginning in 1884, these diamond- shaped marks were replaced by the letters "Rd No." with the following numbers indicating the year the design was registered. It should be noted that the date recorded the time of the Results 5-10 Results ' Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York ' introduction of a design, and was not necessarily the date the vessel was potted. Such marks were often used for many years, often far beyond the time protection was provided for by the Copyright Act (Wetherbee 1980; Coysh & Henrywood 1982; Kovel & Kovel 1986). The ' ironstone basesherd identified in STP 5.2.7 has been dated post-1884, based on the style of the registry mark. ' Seventeen sherds of Bottle/Container Glass were recovered from the STPs. Ten diagnostic sherds from a Mason-type bail seal jar lid, dated post-1875, were recovered from STP 6.2.8, Stratum AO.The remaining bottle/container glass sherds were too small to date. Two sherds of Tableware Glass were identified from test number 4.2.2, 2W, Stratum Al. These ' sherds likely represent a drinking glass, or tumbler, and remain undated. Few Construction Materials were recovered including two small fragments of red brick and one ' of concrete. For the most part, these artifacts are not temporally diagnostic. Two iron wire Nails were identified in the assemblage. These have been assigned the general date of 20th century. ' One Decorative Furnishing related artifact was identified from STP 5.1.8, Stratum A0. This artifact, a sherd of iridescent Carnival type glass has been dated post-1905. ' One clothing related Fastener was recovered from STP 4.2.4, Stratum Al. This artifact, a copper alloy grommet, measuring 3/8 in in diameter, remains undated. ' One ball clay smoking pipe Pipestem was identified in STP 5.2.7, Stratum B1. The bore diameter measured 4/64th inch. The pipestem is undecorated and unmarked, and remains undated. ' Five artifacts representing faunal remains have been identified, all of which were shell. Most of this shell represent hard shell clam fragments, the rest were too weathered and abraded to identify to species. These artifacts are not temporally diagnostic. ' Miscellaneous Artifacts such as coal and charcoal have been identified across the STPs. The nine coal fragments likely represent furnace related waste; the 98 charcoal fragments may be the ' result of either man-made or natural fire activity. Eighty of the pieces of charcoal, recovered from STP6** were from a single object***???These artifacts are not dateable. 20`h Century Debris was recovered from STP 4.2.4, Stratum Al and from STP 6.1.7, Stratum AO and Al. Identified artifacts include automobile window safety glass, opaque white plastic fragments, a white metal foil, possible wine bottle closure, and an iron key with rolled metal ' from a coffee or food can. Unspecified artifacts are those that have not been assigned to a specific functional group. Of the ' 89 unspecified artifacts from the Cove Beach assemblage, 82 of them represent iron can fragments, likely a single can, of unknown function, recovered from STP 4.2.3, Stratum B1. ' Results 5-11 Results Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York As stated above, the identified historic artifact assemblage recovered from the Cove Beach Estates test excavations appear to consist of scattered, highly fragmented debris, much of which was not dateable. Results 5-12 Results a Cove Beach Estates is located in East Marion, NY. This 104-acre property is being subdivided ' for construction of 12 residences. The 12 residential lots will comprise a total area of approximately 33 acres, with the remainder of the property being preserved as open space, with the exception of a new access road. All planned construction within each lot, will be constrained ' within a building envelope. The combined area of these building envelopes is approximately 11 acres. The primary objective of the present archaeological reconnaissance survey is to determine the presence or absence of archaeological resources within these building envelopes. Completion ' of this survey involved background research, a site walkover, the excavation of 206 shovel test pits, and laboratory analysis of collected materials. ' Based on the presence of previously identified prehistoric and historic sites in the general vicinity of Cove Beach Estates (Section 5.1), the results of cartographic analysis (Section 5.2), ' and walkover reconnaissance (Section 5.3), it was assumed that Lots 1 through 12 have a moderate potential for archaeological resources to be present. However, subsurface testing revealed only a low concentration of highly fragmented historic and modern debris, very little of ' which was diagnostic, and the absence of any prehistoric remains. Only 249 artifacts were recovered, the majority of which were coal refuse and highly fragmented pieces of tin. The few diagnostic artifacts all dated to either the mid to late 19th or 20th centuries. ' Both the absence of any prehistoric remains and the very low concentration of historic remains were unexpected. The absence of prehistoric remains is likely a reflection of both poor site preservation and a less attractive environment for occupation during prehistory. Site preservation is likely poor due to the repeated erosion and redeposition of sediments across much of the site due to both storm events and smaller-scale processes. The site may have been less attractive for ' prehistoric settlement before the creation of Dam Pond, when much of Cove Beach Estates was likely a peninsula exposed to Long Island Sound (Section 2). The majority of previously ' identified prehistoric sites on eastern Long Island are located near sources of fresh water such as kettle hole ponds. Fresh water sources on Cove Beach Estates are very limited. ' Of greater surprise was the absence of concentrations of historic domestic refuse, food remains, and building material associated with the 20'h century St. Thomas Episcopal Church summer camp (referred to on multiple historic maps as "Childrens Home"). The St. Thomas Episcopal ' Church, which is located in New York City, was contacted numerous times as part of this archaeological survey in an effort to gather information regarding their former site. Rachel Shah, a long time employee of the church, recalled that there had been multiple fires at the site of the ' summer camp, the first of which led to its relocation from west of Lot 1 to roughly within Lots 4, 5, 6 and 7 by the early 20th century. ' Fieldwork indicated that Lots 4, 5, 6, and 7, and particularly the southem portion of Lots 5, 6, and 7 were the location of limited historic activity, likely associated with the St. Thomas site. The majority of the recovered artifacts came from these lots. The absence of greater artifact ' Conclusions 6-1 Conclusions Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York concentrations could be the result of a thorough site clean up after the aforementioned fires and the closing of the camp during the 1950s. Additionally, it is likely that during the camp's operation, trash would have been regularly collected and deposited off site or elsewhere on the property,further away from the living and activity areas. In any case, it is unlikely that structural remains of the former camp buildings would be considered archaeologically significant given their recent age and the availability of non-archaeological sources of information on this property. Aside from a small number of isolated artifacts, cultural material was absent from the remaining eight lots (1 through 3 and 8 through 12). Further investigation of the Cove Beach Estates deposits would likely result in the collection of redundant data of little archaeological value. Given the absence of significant deposits, it is concluded that proposed construction in the building envelopes of Lots 1 through 12 would have no effect upon archaeological resources meeting the eligibility criteria of the National Register. Conclusions C-2 Conclusions _0 "' M Bailey, Paul, editor. 1949. Long Island; a history of two great counties, Nassau and Suffolk. New York: Lewis Historical Pub. Co. ' Corwin, Elsie Knapp, with Frederik Langton Corwin. 1972. Greenport, Yesterday & Today and the Diary of a Country Newspaper. Greenport: The Suffolk Times. p 24-25. ' Coysh, A.W. and R.K. Henrywood. 1982. The Dictionary of Blue and White Printed Pottery, 1780-1880, Volume 1. Woodbridge, Suffolk,England: Antique Collector's Club Ltd. ' Goodrich, Magdaline. 1983. A Brief History of the Town of Southold. Prepared for the Suffolk County Tercentary Committee. Gornitz, V., S. Couch and E.K. Hartig. 2001. Impacts of Sea Level Rise in the New York City ' Metropolitan Area. Global and Planetary Change 32:61-88. Gustayson, Troy. 2003. "Hiking Dam Pond Preserve, East Marion's 22-acre gem". In The Suffolk ' Times, April 3, 2003, p. 21. History of Suffolk County, New York, with illustrations and sketches of prominent families and ' individuals. 1882. New York: W.W. Munsell & Co. Kovel, Ralph M. and Terry H. Kovel. 1953. Kovel's Dictionary of Marks-Pottery and Porcelain. New York: Crown Publishers Inc. Lief, Alfred. n.d.A Close Up of Closures. Glass Containers. New York: Manufacturers Institute. ' Lifsey, Earl. 1973. The Housewares Story. A History of the American Housewares Industry. Chicago, IL: National Housewares Manufacturers Association. Munsey, Cecil. 1970. The Illustrated Guide to Collecting Bottles. New York: Hawthorne Books. ' Noel Hume, Ivor. 1976.A Guide to Artifacts of Colonial America. New York: Hawthorne Books. Peterson, Charles E. editor. 1976.Building Early America. Radnor, PA: Chilton Book Company. ' Scopaz, Valerie with Steve Ridler, preparers. 2003. Town of Southold: Final Local Water Revitalization Program. April 2003, Volume 2. Bibliography 7-1 Bibliography Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York Slater, Rev. Dr. Myron F. " The Life Saving Station" in In the midst of...discovery. Pamphlet compiled by the Reverand for the Community Church. Found at the Floyd Memorial Library, Greenport, in the historical file on East Marion. Smith, Raymond W., preparer. 1976. "Orient Historic District' from the National Register of Historic Places Inventory Nomination Form. Prepared in April 1976 for the New York State Office of Parks and Recreation, Division for Historic Preservation. Stehling, Nancy A. in Joan H. Geismar. 1996. The Ceramic Analysis; the Saratoga Square Urban Renewal Area, CEQR No. 89-232K. Joan H. Geismer, Ph.D. NY, NY Brooklyn, New York. Stright, Melanie J. 1990. Archaeological sites on the North American Continental Shelf, in Lasca, N. P., and J. Donahue, eds, Archaeological Geology of North America, p. 439-465. Boulder: Geological Society of America. Thompson, Benjamin F. 1918. The history of Long Island;from its discovery and settlement, to the present time. With many important and interesting matters; including notices of numerous individuals and families; also a particular account of the different churches and ministers.; revised & greatly enlarged with a biography of the author by C.J. Werner. New York: Dodd. Town of Southold: Final Local Water Revitalization Program. April 2003. 2 volumes. Town of Southold. 1965. A Summer of History, Town of Southold 1640-1965, 325`h Anniversary Celebration. Tracker Archaeologicaly Services (Tracker). 2000. Reports of Investigations. Phase I Archaeological Investigation for a proposed house lot, East Marion, Town of Southold, Suffolk County, New York. Prepared for John Defilippi, Port Washington, New York, Land use Ecological Services, Inc., Baiting Hollow, New York. Prepared by Alfred G. Cammisa of Tracker Archaeology Services, North Babylon,NY. The Traveler. 1997. "Time Pieces". May 22, 1997. Photo and caption in local paper discussing _ excavation of Prehistoric site in Southold, Long Island. United States Soil Conservation Service. 1976. General Soil Map of Nassau County, New York. Prepared for the Suffolk County Soil and Water Conservation District by the U.S. Soil Conservation Service,Department of Agriculture. Varekamp, J.C. and Thomas, E. 1998. Climate change and the rise and fall of sea level over the millenium. EOS,Transcations of the American Geophysical Union 79:69 74-75. Wenk, Lloyd A. No date. "Main Building and Chapel, St. Thomas Summer Home, East Marion" in In the midst of—discovery. Pamphlet compiled by Rev. Dr. Myron F. Slater for the Bibliography 7-2 Bibliography Archaeological Investigation Roslyn Viaduct,Village of Roslyn,New York ' Community Church, including this synopsis of St. Thomas Summer Home, East Marion. Found at the Floyd Memorial Library, Greenport, in the historical file on East Marion. Wetherbee, Jean. 1980. A Look at White Ironstone. Des Moines, IA: Wallace-Homestead Book Company. ' Correspondences Hammarth, George. Employee of Department of Environmental Conservation (DEC). Personal communication, April 24, 2003. ' Philk, Amy. Historian at Oyster Ponds Historical Society, Orient, Long Island, NY. Personal communication, June 4, 2003. Reiniger, Ashlee W. Employee of Peconic Land Trust, Northbrook, Long Island, NY. Personal ' communication, May 28, 2003 and mail communication June 8 2003. Schifferly, Mike. Archaeologist at the New York State Office of Parks, Recreation and Historic Preservation (NYSHPO), Peebles Island, NY. Personal communication, June 4, 2003. Shaw, Rachel. Choir Mother, long time employee of St. Thomas Episcopal Church, Fifth Ave, New York, NY. Personal communication, June 11, 2003. ' Stone, Dr. Gaynell. Director of Sufffolk County Archaeological Association. Personal communication, June 19, 2003. 1 Web Sites Beers. 1873. "East Marion, Town of Southold, Suffolk Co." In Beers Atlas of Long Island. ' Accessed June 5, 2003. Available at http://freepages.genealogy.rootsweb com/—bikyn/MaD/E Marion html. ' Bourque, Bruce J. (n.d.) Prehistoric Indians of Maine. Portion of paper. Accessed June 7, 2003. Available at: http://www.mainepbs.org/hometsom/mptschapl.html Mandia, Scott A. (n.d.) The Long Island Express. The Great Hurricane of 1938. Accessed June ' 4, 2003. Available at http://www2.sunysuffolk.edu/mandias/38hunicane/storm surge maps html Morang, A. (n.d.) "The Great New England Hurricane of 1938." Adapted from A. Morang. ' Coastal Inlets Research Program. Shinnecock Inlet, New. York, Site Investigation, Report 1, Morphology and Historical Behavior. Technical Report CHL-98-32, USAE Waterways Experiment Station, Vicksburg, MS. 1999. Accessed June 6, 2003. Available at ' http://chl.wes.ariny.mil/shore/1938hurricane.pd Coastal Hydraulics Laboratory ' Bibliography 7-3 Bibliography Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York New York State Geographic Information System (NYSGIS) Clearinghouse. New York State Department of Transportation (NYSDOT) Raster Quadrangle (1:24,000 scale-NAD 83 datum). NYSDOT Edition Date: 1991, USGS Contour Date: 1956. Accessed June 6, 2003. Available at htti)://www.nysgis.state.ny.us/quads/Auadpage/ee6O.htm. New York State Geographic Information System (NYSGIS) Clearinghouse. United States Geodetic Service (USGS) Digital Raster Graphic (DRG) Quadrangle (1:24,000 scale-NAD 27 datum). 1976. Accessed June 6, 2003. Available at http://www.nysgis.state.nv.us/guads/quadpage/ee60.htm. _ UNiSYS Corp. (2003). "Hurricane #9." 1945 Hurricane/Tropical Data for Atlantic. Accessed June 4, 2003. Available at http://weather.unisys.com/hunicane/atlantic/1945/9/track.dat. Maps Beers, F.W. 1873.Atlas of Long Island, New York. New York: Beers, Comstock, and Cline. Hyde and Company. 1896. Map of Long Island. Brooklyn, New York: Hyde & Company. Hyde,E. Belcher. 1909.Atlas of Suffolk County, Long Island, New York. Volume 2, Sound. "Part of the Town of Southold, Suffolk County." Town of Southold. 1965. Section three of map from: A Summer of History, Town of Southold 1640-1965, 325`h Anniversary Celebration. Found at the Floyd Memorial Library, Greenport, NY. United States Coastal and Geodetic Survey (USGC&DS). 1894. "Gardiners Bay, Long Island, New York." Washington D.C.:USGS. (First published 1891). 1944. "Gardiners Bay, Long Island, New York." Washington D.C.:USGS. (First published 1935,reissued 1938, further corrections to 1944). USGS. 1884. Orient Quadrangle, 15 Minute Series."Middle Part of Long Island". Washington D.C.:USGS. 1904. Orient Quadrangle, 15 Minute Series. Washington D.C.:USGS. 1947. Orient Quadrangle, 15 Minute Series. Washington D.C.:USGS. -' Bibliography 7-4 Bibliography ' A. Michael Pappalardo, RPA, Principal Investigator: Eleven years of experience conducting and managing cultural resource assessments and documentary research studies and in preparation of cultural resource and environmental documents. New York University, 1988, BA, ' Anthropology; State University of New York, Binghamton, 1992, MA, Anthropology. Michele Besson, Archaeologist, Co-author: Four years of field experience in historic and prehistoric cultural resource analysis in the northeastern United States and northern Europe. Experienced in analysis of historic artifacts. Brooklyn College, City University of New York, 1999, BA, Anthropology and Archaeology. Alexander Joffe, Ph.D., Prehistoric Archaeologist: Twenty-one years of experience ' conducting and directing prehistoric archaeological field research in the Middle East and United States. Cornell University, 1981, BA, History, University of Arizona, 1987, MA, Near Eastern Studies, University of Arizona, 1991, Ph.D., Near Eastern Studies. ' Nancy A. Stehling, RPA, Laboratory Director: Twenty-six years experience in cultural resource and artifact analysis. State University of New York, Potsdam, 1977, BA, Anthropology ' and Geology; Rensselaer Polytechnic Institute, 1980, MS, Public Archaeology. Sherry L. Felix, Cartographer: Twenty years of experience in commercial fine art, ' cartography, computer graphics, air-photo interpretation, GIS, and field mapping. Hunter College, City University of New York (CUNY), 1993; Hunter College, Graduate studies in Geography. ' List of 8-1 Preparers I' 1 Appendix A Table Al, Shovel Test Pit Location ' Table A2, Excavation Record Cove Beach Estates Appendix A Fast Marion,NV Table A-1 Location Becord pine scrub 1 1.1.1 STP cearin 5/29/03 30 42 st7soils pine scrub 1 1.1.2 STP clearing5/29/03 30 50 st ' 1 1.1.3 STP 5/29/03 30 60 st1 1.1.4 STP 5/29/03 30 65 st7 pine scrub 1 1.1.5 STP clearin 5/29/03 30 49 sterile soils pine scrub 1 1.1.6 STP Iclearing 5/29/03 30 49 isterile soils pine scrub 1 1.1.7 STP 1cfearino 5/29/03 30 59 sterile soils ' 1 1.1.8 STP 5(29/03 30 50 rock 1 1.1.9 STP 5/29/03 30 50 sterile soils ' 1 1.1.10 STP 5/29/03 30 59 sterile lolls 1 1.1.11 STP 5/29/03 30 48 sterile soils 1 1.1.12 STP 5/29/03 30 58 isterile soils 1 1.1.13 STP 1 5/29/03 30 48 sterile soils 1 1.1.14 STP 5/29/03 30 58 sterile soils 1 1.1.15 STP 5/29/03 30 63 sterile soils STP 5/29/03 30 56 sterile anile 1 1.1.17 SiP 5/29(03 30 50 rock in kettle hole-like depression,NW 1 1.1.18 STP lot STP 1.1.17 5/29/03 1 30 50 Istedle soils ' 1 1.1.19 STP 5/29/03 30 50 rock north side of dirt 1 1.1.20 STP road 5/29/03 30 51 sterile soils north side of dirt ' 1 1.1.21 STP road 5/29/03 30 57 sterile soils slightly north of dirt road,in small 1 1.1.22 STP clearing 5/29/03 30 57 sterile soils 1 1.1.23 STP Inorth side of road 5/29/03 1 30 60 laterite soils 1 1.1.24 STP north side of road 5/29/03 30 63 sterile soils Buried A ' 1 1.1.25 STP north side of road 5/29/03 30 55 sterile soils near sw comer of 1 1.1.26 STp building envelope 5/29/03 30 60 sterile soils 2 2.1.1 STP 5/27/03 30 48 sterile soils ' 2 2.1.2 STP 5/27/03 30 62 sterile soils south side of dart near top of a 2 2.1.3 STP I road 5/27/03 1 30 58 Islerile soils ridge north side of dirt ' 2 2.1.4 STP road 5(27/03 30 58 sterile soils slightly north of dirt road,in smell 2 2.1.5 STP clearina 5/28/03 d3ol 48 sterile soils north side of dirt 2 2.2.1 STP road 5/28/03 95 sterile soils north side of dirt 2 2.2.2 STP road 5(28(03 51 sterile soils ' north side of din 2 2.2.3 STP roatl 5128/03 54 sterile soils 2 2.2.4 STP 5/28/03 75 sterile soils 2 2.2.5 STP 5/28103 48 sterile soils A7-1 of 5 Cove Beach Estates Appendix A East Marlon,NY Table A-1 Location Record 2 2.2.6 STP 5/28/03 30 44 sterile soils — 2 2.2.7 STP 5/28/03 30 52 sterile soils 2 2.2.8 STP 5/28/03 30 54 sterile soils 2 2.2.9 5/28/03 51 sterile soils east of modem — wood4rame 3 3.1.1 STP house 5/28/03 30 50 rock east of modem wood-frame — 3 3.1.2 STP I house 5/28/03 30 55 sterile soils east of modem wood-frame 3 3.1.3 STP house 5/28/03 30 49 sterile soils — east of modem wood-frame 3 3.1.4 STP house 5/28/03 30 42 sterile soils north side of dirt _ 3 3.1.5 STP road 5/28/03 30 51 sterile soils south side of dirt 31 3.1.6 STP I road 5/28/03 30 1 57 sterile soils 3 3.1.7 STP 5/28/03 30 65 sterile soils 3 3.1.8 STP 5/28/03 30 59 sterile soils — 3 3.1.9 STP 5/27/03 30 48 sterile soils 3 3.1.10 STP 6/27/03 30 58 sterile soils 3 3.1.11 STP 5/27/03 30 64 sterile soils 3 3.1.12 STP 5/27/03 30 56 sterile soils — 3 3.1.13 STP 5/27/03 30 63 sterile soils north side of dirt 3 3.2.1 STP road 5/27/03 30 59 sterile soils north side of dirt 3 3.2.2 STP I road 5/27/03 1 30 47 Isterfle soils north side of dirt 3 3.2.3 STP road 5/27/03 30 57 sterile soils Buried A north side of dirt _ 3 3.2.4 STP road 5/27/03 30 59 sterile soils 3 3.2.5 STP 5127/03 30 47 sterile soils 3 5/27/03 65 sterile soils 4 4.1.1 STP 5/27/03 30 46 sterile soils 4 4.1.2 STP 5/27/03 30 38 sterile soils --- 4 4.1.3 STP 5/27/03 30 54 sterile soils north side of dirt 41 4.1.4 STP road 5/27/03 30 48 sterile soils 4 4.1.5 STP 5/27/03 30 70 sterile soils 4 4.1.6 STP 5/27/03 30 66 sterile soils halt of Impressed brick found on -- surface north of 4 4.1.7 STP 5/27/03 30 52 sterile soils STP 4 4.1.8 STP 6/27/03 30 59 sterile soils 4 4.1.9 STP 5/27/03 30 64 sterile soils 41 4.2.1 STP 5/28/03 30 44 sterile soils surface littered with sm-med 4 4.2.2 STP 5/28/03 30 56 sterile soils rocks _ surface littered 4.2,2 with med-med 4 2 W STP 5/28/03 30 66 sterile soils rocks metal artifact 4 4.2.3 STP 5/28/03 30 58 compaction Tras SW of north side of dirt disturbed?earth 4 4.2.4 STP road 5/28/03 30 90 depth mound north side of dirt -- 4 4.2.5 STP road 5/28/03 30 57 sterile soils 41 STP 5/28/03 30 sterile soils At-2 of 5 ' Cove Beach Estates Appendix A East Marion,NV Table A•1 Location Record near deposit of ' 4 4.2.7 STPmodem trash 5/27/03 30 48 sterile soils debris 4 4.2.8 STP 5/27/03 30 56 sterile soils 4 4.2. 5/27/03 58 sterile soils ' 5 5.1.1 STP 5/13/03 30 68 sterile soils 5 5.1.2 STP 5/13/03 30 42 sterile soils south side of dirt 5 5.1.3 STP road, 5/13/03 30 28 rock in clearing,west ' 5 5.1.5 STP of ved road 5/29/03 30 43 sterile soils 5 5.1.6 STP 5/14/03 30 62 sterile soils 5 5.1.7 STP 5/14/03 30 70 sterile soils 5 5.1.8 STP 5/14/03 30 60 sterile soils ' 5 5.1.9 STP 5(14/03 30 59 sterile soils 5 5.2.1 STP 5/15/03 30 55 sterile soils 5 5.22 STP 5/15/03 30 57 aterile soils 5 5.2.3 STP 5/15/03 30 57 sterile soils ' north side of dirt 5 5.2.4 STP road 5/15/03 30 62 rock southwest comer of paved and dirt ' 5 5.2.5 STP roads 5/27/03 30 77 sterile soils Buried A east of debris littered ' west of paved depression, cellar 5 5.2.6 STP road 5/27/03 30 65 sterile soils hole?,Buried A seat aide of paved 5 5.2.7 STP road 5/27/03 30 95 de pth ' east side of paved 5 5.2.8 STP road 5/27/03 30 89 sterile soils east side o pave 5 5.2.9 STP road 5/27/03 30 84 sterile.oila 1 NN-1iSTP 5/13/03 30 51 sterile soils STP clean 5/13/03 30 75 sterile soils Burietl A 6 6.1.3 STP clearin 5/13/03 30 54 sterile soils 6 6.1.4 STP clearin 5/13/03 30 47 sterile lolls ' 6 8.1.5 STP 5/14/03 30 62 sterile soils 6 6.1.6 STP 5(14/03 30 30 rock 6 6.1.7 STP 5/14/03 30 70 sterile soils 6 6.1.8 STP 5/14/03 30 63 sterile soils 6 6.1.9 STP 5/14/03 30 56 roots 6 6.2.1 STP clearin 5/13/03 30 40 sterile soils 6 6.22 STP clearin 5/13/03 30 59 sterile soils 6 6.2.3 STP clearin 5/13/03 30 43 roots 6 6.2.6 STP 5/14/03 30 49 sterile soils ' 6 6.2.7 STP 5/14/03 30 38 rock 6 6.2.8 STP 5/14/03 30 45 rods 6 5/14/03 5o sterile soils 7 7.1.1 STP clearin 5/14/03 30 50 sterile soils 7 7.1.21 STP clean 5/14/03 30 77 de 5/t 7 7.1.3 STP clearin 5/14/03 30 70 sterile soils 11 7 7.1.4 STP clearin 5/14/03 30 80 sten--soils north side of dirt ' 7 7.1.5 STP road 5/13/03 30 61 sterile soils 7 7.1.7 STP 5/14/03 1 30 i42 sterile soils 7 7.1.8 STP 5/14/03 130 61 sterile soils 7 7.1.9 STP 5/14/03 30 61 sterile soils ' 7 7.2.2 STP clearin 5/13/04 30 40 sterile soils 7 7.2.3 STP clearin 5/13/03 30 82 sterile soils Buried A 7 7.2.4 STP clearin 5/13/03 30 53 sterile soils 7 7.2.5 STP 5/14/03 30 87 sterile soils ' 7 7.2.6 STP 5/14/03 30 69 sterile soils 7 7.2.7 STP 5/14/03 30 45 sterile soils 71 7.2.81 STP 5/14/03 30 59 sterile soils ' A7-3 of 5 Cove Beach Estates Appendix A Past Marion,NV Table A-1 Location Record 1-8 7-8.1.6S2T- 5/14/03 30 53 sterile soils 5/15/03 30 58 sterile soils 5/15/03 30 60 sterile soils 5/15/03 30 62 sterile soils 5/15/03 30 67 sterile soils 5/15/03 30 56 sterile soils P 5/15/03 30 45 sterile soils 8 8.1.7 STP 5/15/03 30 54sterile soils 8 8.1.8 STP 5/15/03 30 47 sterile soils — 8 8.1.9 STP 5/15/03 30 42 sterile soils 8 8.2.1 STP 5/15/03 30 43 sterile soils 8 8.2.2 STP 5/15/03 30 56 sterile soils 8 8.2.3 STP 5/15/03 30 54 sterile soils — 8 8.2.4 STP 5/15/03 30 66 sterile soils 8 8.2.5 STP 5/15/03 30 53 sterile soils 8 8.2.6 STP 5/15/03 30 56 Isterile soils 8 8.2.7 STP 5/15/03 30 58 aterile soils _ 8 8.2.8 STP 5/15/03 30 57 sterile soils 8 8.2.9 STP 5/15/03 45 sterile soils 9 9.1.1 STP 5/16/03 30 51 sterile soils 9 9.1.2 STP 5/1603 30 40 rock _ 9 9.1.3 STP 5/16103 30 43 roots 9 9.1.4 STP 5/16/03 30 48 sterile soils 9 9.1.5 STP 5/16/03 30 63 sterile soils 9 9.1.6 STP 5/16/03 30 61 sterile soils _ 9 9.1.7 STP 616103 30 62 1 sterile soils Buried A? 9 9.1.8 STP 5/16/03 30 40 rock 9 9.1.9 STP 5/16/03 30 60 sterile solls near disturbed? — 91 9.2.11 STP 1 6/16/03 30 60 sterile soils earth mounds 9 9.2.2 STP 5/16/03 30 50 sterile soils 9 9.2.3 STP 5/16/03 30 64 sterile soils 9 9.2.4 STP 5/16/03 30 65 sterile soils — 9 9.2.5 STP 5116/03 30 43 rock 9 9.2.6 STP 5/16/03 30 53 1 rock 9 9.2.7 STP 5/16/03 30 59 sterile soils 9 9.2.8 STP 5/1603 30 57 sterile soils 9 5/16103 30 57 sterile wits several N W of 10 10.2.11 STP envelope 5/16/03 30 54 rocks several ft W of 10 10.2.2 STP envelope 5/1603 30 62 sterile soils several ft W of 10 10.2.3 STP envelope 5/1603 30 45 sterile soils several It of 10 10.2.4 STP envelope 61603 30 67 sterile soils -- several ft W of 10 10.2.5 STP envelope 616/03 30 56 sterile soils 101 10.2.6 STP 5/1603 30 53 sterile soils 10 10.2.7 STP 5/16/03 30 63 sterile soils 10 10.2.8 STP 5/16/03 30 69 sterile soils 10 10.2.9 STP 5/16/03 30 60 sterile soils 10 10.2.10 STP 61603 30 56 sterile soils 10 10.2.11 STP 5/1603 30 54 sterile soils -- 10 10.2.12 STP 5/1603 30 48 sterile soils 10 0. . 61603 47 sterile soils old agricultural 11 11.1.1 STP field 5/28/03 1 30 57 sterile soils - old agricultural 11 11.1.2 STP Held 5/2603 30 51 sterile soils old agricultural 11 11.1.3 STP field 6/28103 30 49 gravel _ old agricultural 11 11.1.4 STP field 628103 30 1 53 loravel old agricultural 11 11.1.5 STP field 5/28/03 30 1 55 sterile soils A1-4 of 5 ' Cove Beach Estates Appendix A East Marion,NV Table A-1 Location Record old agricultural ' 11 11.1.6 STP field 5/28/03 30 53 sterile soils old agricultural 11 11.1.7 STP field 5/28/03 30 52 sterile soils old agricultural 11 11.1.8 STP field 5/28/03 30 60 sterile soils ' old agricultural 11 11.1.9 STP field 5/28/03 30 59 sterile soils old agricultural 11 11.2.1 STP field 5/28/01 30 50 sterile soils old agricultural 11 11.2.2 STP field 5/29103 30 54 sterile soils old agricultural 11 11.2.3 STP field 5/29/03 30 58 sterilesoils old agricultural 11 11.2.4 STP field 5/29/03 30 54 sterile soils o agcuura 11 11.2.5 STP field 529103 30 53 sterile soils old agricultural 12 12.1.1 STP field 5/29103 30 5o sterile soils old agricultural 12 12.1.2 STP field 5/29103 30 26 sterile soils ' old agricultural 12 12.1.3 STP field 5/29103 30 48 sterile soils old agricultural 12 12.1.4 STP field 5/29103 30 32 sterile soils old agricultural ' 12 12.1.5 STP field 529103 30 59 sterile soils old agricultural 12 12.1.6 STP flak 529/03 30 58 sterile soils old agricultural ' 12 12.2.1 STP field 529/03 30 51 sterile soils old agricultural 12 12.2.2 STP field 5/29/03 30 50 sterile soils rid agricultural ' 12 12.2.3 STP field 5/29/03 30 5o sterile soils old agricultural 12 12.2.4 STP field 529/03 30 5o sterile soils old agricultural ' 12 12.3.1 STP field 529/03 30 58 sterile soils old agricultural 12 12.3.2 STP field 529/03 30 53 sterile soils old agricultural 12 12.3.3 STP field 5/29/03 30 59 sterile soils rid agricultural 12 72.3.4 STP - field 5/29103 30 59 sterile soils old agricultural 12 12.3.5 STP field 5/29/03 30 55 sterile soils ' olu agricultural 12 12.3.6 STP field 5/29/03 30 50 sterile soils ' A1-5 oI 5 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record p m. 1 1.1.1 AO 7 1OYR 3/1 sandy loam am roots 1 1.1.1 Al 22 10YR 4/4 sandy loam 1 1.1.1 B1 42 10YR 5/8 loamy sand I e cobbles 1 1.1.2 Al 8 10YR 4/ com act, san loam many roots 1 1.1.2 B1 38 10YR 5/8 loamy sand med cobbles 1 1.1.2 B2 50 10YR 7/4 sand 11 1.1.31 AO 4 10YR 3/11 sandy loam roots sm roots, many angular 1 1.1.3 Al 15 10YR 3/ loamy sand cobbles and pebbles 1 1.1.3 B1 20 10YR 4/6 loamy sand interface 1 1.1.3 82 60 10YR 5/6 fine sand few roots and pebbles 1 1.1.4 AO 5 10YR 3/1 sandy loam roots 1 1.1.4 Al 15 10YR 3/3 loamy sand am roots am roots, med-Ige angular cobbles, pebbles an 1 1.1.4 B1 50 10YR 5/6 loose,fine sand gravel 1 1.1.4 B2 65 10YR 6/61 loose,fine sand angular gravel well developed sand 1 1.1.5 AO 17 10YR 3/1 loam many roots compact, well developed, sand 1 1.1.5 Al 37 10YR 2/1 loam 1 1.1.5 Bt 40 10YR 5/8 loamy sand med and I e cobbles well developed sand 1 1.1.6 AO 10 10YR 3/1 loam many roots compact,well developed, sandy 11 1.1.61 At 29 10YR 2/1 loam 11 1.1.61 B1 49 10YR 5/8 loamy sand few pebbles 1 1.1.7 AO 6 10YR 3/1 sandyloam roots 1 1.1.7 Al 29 10YR 4/4 sandy loam 1 1.1.7 61 59 10YR 5/ loamy sand vy I e cobble 11.1.8 Al 20 10YR 3/ sand loam angular pebbles 1 1.1.8 B1 50 10YR 5/ fine sand angular rock and gravel 1 1.1.9 A 1 3 10YR 3/11 . sandy loaml many roots A2-1 of 25 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record tr 1 1.1.9 Al 28 10YR 3 compact, sandy loam 1 1.1.9 B1 50 10YR 414 sandy loam few I e cobbles 1 1.1.10 AO 9 10YR 3/1 sandy loam many roots 1 1.1.101 Al 41 10YR 4/3 sandy loam many roots 1 1.1.10 B1 59 10YR 4/6 sandy loam cobbles and sm pebbles 1 1.1.11 Al 20 10YR 3/4 sandy loam few sm roots few sm roots, angular 1 1.1.11 B1 48 10YR 5/6 fine sand pebbles and gravel 1 1.1.12 AO 5 10YR 3/1 sandy loam many roots 1 1.1.12 Al 37 10YR 3/3 sandy loam many roots heavy cobbles an 1 1.1.12 B1 58 10YR 4/6 sandy loam pebbles 1 1.1.13 Al 28 10YR 3/3 sandyloarn few sm and med roots 1 1.1.13 B1 48 10YR 5/6 loose,fine sand many angular rocks 1 1.1.14 AO 8 10YR 3/1 sandy loam many roots 1 1.1.14 Al 35 10YR 3/3 sandyloarn many roots heavy cobbles an 1 1.1.14 Bt 58 10YR 4/6 sandy loam pebbles 1 1.1.15 AO 10 10YR 3/1 sand loam many roots 1 1.1.15 Al 41 10YR 4/3 sandy loam many roots 1 1.1.15 81 58 10YR 4/6 sandy loam sm and med cobbles 1 1.1.16 AO 3 10YR 2/1 sandy loam 1 1.16 Al 24 10YR 3/2 sandy loam many roots 1 1.1.16 B1 56 10YR 4/6 loam sand sm cobbles and pebbles 1 1.1.17 Al 28 10YR 3/3 damp, sandy loam sm-med roots few sm roots, angular pebbles and grave 11 1.1.17 B1 50 10YR 5/6 damp,fine sand towards bottom 1 1.1.18 Al 28 10YR 3/3 sandy loam many medA a/sm roots few sm roots and angular 1 1.1.18 B1 50 10YR 5/6 fine sand gravel few sm roots and angular 1 1.1.191 Al 12 10YR 4/61 damp, fine loamy san4 rocks A2-2 of 25 r I I I I I I I I 1 I I I 1 I I I I i Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record vy many mod cobbles an 1 1.1.19 B1 50 10YR 4/6 fine sand angular rocks and gravel 1 1.1.20 Al 10 1OYR 3/4 fine loamy sand few roots few sm roots and angular 11 1.1.201 B1 51 10YR5/6 fine sand rocks and pebbles 1 1.1.211 Al 15 10YR 3/4 loamy sand few roots 1 1.1.21 B1 57 10YR 5/6 fine sand an ular rocks and gravel 1 1.1.22 Al 15 10YR 3/4 loamy sand many roots many cobbles and angular 1 1.1.22 61 23 10YR 5/6 fine sand gravel 1 1.1.22 82 1 57 1 OYR 6/8 loose,fine sand angular gravel 1 1.1.23 At 15 10YR 3/4 sandy loam 1 1.1.23 B1 50 10YR 5/6 fine sand angular rock and gravel many angular rocks and 1 1.1.23 62 60 10YR 6/8 fine sand gravel 1 1.1.24 AO 3 1 OYR 3/4 sandy loam 10YR 4/ mottled with sm roots, cobble and 1 1.1.24 Redeposited A 25 10YR 5/6 loamy sand round and angular rocks 1 1.1.24 Buried Al 38 10YR 3/4 damp, loamy sand few sm roots,few rocks many angular rocks and 1 1.24 B1 63 10YR 5/6 fine sand gravel 1 1.25 AO 3 10YR 4/3 sandyloam 1 1.25 Al 15 10YR 4/3 damp,fine loamy sand sm-med roots 1 1.25 81 30 10YR 5/61 damp fine sand angular rocks and pebbles 1 1.25 132 55 10YR 6/ damp fine sand angular rocks and pebbles 1 1.26 AO 4 10YR 3/ sandyloam few roots 1 1.26 Al 30 10YR 4/4 sandyloam 1 1.26 B1 60 10YR 5 loam sand 2 2.1.1 AO 4 10YR 2/ loam man roots 2 2.1.1 Al 8 10YR 3/ sandy loaml few sm roots A2-3 of 25 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record OREM,k yy: sm angular rocks and 2 2.1.1 61 48 10YR 5 wet, loam sandbbles 2 2.1.2 AO 3 10YR 3/1 sand loam 2 2.1.2 Al 21 10YR 5/4 sandy loam 2 2.1.2 B1 62 10YR 5/8 sandy loam pebbles 2 2.1.3 AO 2 10YR 3/3 loose sandy loam 2 2.1.3 Al 7 10YR 3/4 loamy sand few sm roots few sm roots, angular rock 2 2.1.3 Bl 58 10YR 4/61 fine-med loamy sand and gravel 2 2.1.4 AO 2 10YR 3/2 sandy loam 2 2.1.4 Al 10 10YR 4/3 sand loam 2 2.1.4 B1 58 10YR 6/8 sandy loam pebbies 2 2.1.5 AO 2 10YR 3/2 sandyloam many roots and moss 21 2.1.5 Al 15 10YR 313 sand loam sm-med roots few sm to and angular sm cobbles, pebbles and 2 2.1.5 81 48 10YR 4/6 damp, fine sand gravel thin, weak, hard to define, under dirt 2 2.2.1 AO 1 10YR 2/1 sandy loam road 2 2.2.1 At 7 10YR 3/3 loamy sand 2 2.2.1 Bl 51 10YR 5/8 loamy sand 2 2.2.2 AO 5 10YR 3/1 sandy loam 2 2.2.2 At 18 10YR 4/6 sandy loam 21 2.2.2 B1 54 10YR 5/8 compact, sandy loam 21 2.2.3 AO 3 10YR 3/1 sandy loam 2 2.2.3 Al 20 10YR 4/6 compact, sandy loam 2 2.2.3 B1 54 10YR 516 compact, loamy sand 2 2.2.4 AO 5 10YR 3 sandy loam 2 2.2.4 Al 55 10YR 2/2 sandy loam many fine roots 2 2.214 B1 75 10YR 2/1 compact, loamy sand 2 2.2.5 AO 4 10YR 2/1 sandyloam A2-4 of 25 t l i l I I I I t I I I I 1 I I I I I M M M M M M M M M M s Cove Beach Estates Appendix A East Marion,NY Table A-2 Excavation Record compact,well developed, sandy 2 2.2.5 Al 27 10YR 3 loam 2 2.2.5 Bi 46 1OYR 5/6 loamy sand ebbles 77 2 2.2.6 AO 3 10YR 2/1 sandy loam compact, well developed,sandy 21 2.2.6 Al 26 10YR 3/2 loam 21 2.2.6 B1 44 10YR 5/8 loamy sand bbles 2 2.2.7 AO 4 10YR 2/1 sandy loam compact,well developed, sand 2 2.2.7 Al 18 10YR 3/2 loam 2 2.2.7 B1 52 10YR 5/6 loamsand ebbles 2 2.2.8 AO 4 10YR 3/1 sandy loam compact,well developed, sand 2 2.2.8 Al 26 10YR 2/1 loam 2 2.2.8 Bi 54 10YR 4/4 loamv sand gravel 2 2.2.9 AO 3 10YR 3/1 sandy loam moist,compact,sandy 2 2.2.9 At 33 10YR 2/1 loam 2 2.2.9 B1 51 10YR 4/4 loamy sand gravel 3 3.1.1 AO 4 10YR 3/2 sandy loam many roots few sm-med roots and 3 3.1.1 Al 19 10YR 3/4 moist,silty sand small round pebbles few sm-med roots and 3 3.1.1 B1 50 10YR 5/6 wet san small cobbles and pebbles 3 3.1.2 AO 3 10YR 3/1 sand loam 3 3.1.2 At 24 10YR 4/ san loam 3 3.1.2 B1 55 10YR 5 loam sand few pebbles 3 3.1.3 AO 3 10YR 2/1 san loam 3 3.1.3 Al 26 10YR 3 san loam pebbles 3 3.1.3 61 49 10YR 5/ com act, loam sand 3 3.1.4 AO 1 4 1 10YR 3/11 san loam A2-5 of 25 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record 3 3.1.4 Al 14 10YR 3 sandv loam 3 3.1.4 61 42 10YR 5/6 compact, loamy sand few pebbles 3 3.1.5 AO 5 10YR 3 sandy loam 3 3.1.5 Al 21 10YR 3/3 sandy loam few roots few charcoal few angular pebbles and fragments near 3 3.1.5 B1 51 10YR 5/6 compact, fine sand graveltOD 3 3.1.6 AO 6 10YR 2/1 -Ioamy sand 3 3.1.6 Al 28 10YR 3/3 loamy sand 3 3.1.6 B1 57 10YR 5/8 loamy sand 3 3.1.7 AO 5 10YR 3/1 sandy loam 3 3.1.7 Al 24 10YR 3/2 sandy loam 3 3.1.7 B1 65 10YR 3/6 sandy loam 3 3.1.8 AO 5 10YR 2/1 sand loam 3 3.1.8 Al 27 10YR 3/2 sand loam 3 3.1.8 B1 59 10YR 4/61 sandy loam 3 3.1.9 AO 6 10YR 2/2 loam few sm-med roots 3 3.1.9 At 18 10YR 3/4 sandy silty loarr many sm roots many sm angular rocks 3 3.1.9 B1 32 10YR 4/6 com act, silty sand and pebbles many sm angular rocks 3 3.1.9 B2 48 10YR 5/8 fine sand and pebbles 31 3.1.10 AO 5 10YR 3/1 sandy loam many sm roots 31 3.1.10 Al 16 10YR 4/3 sandy loam 31 3.1.10 B1 58 10YR 416 sandy loam 3 3.1.11 AO 4 10YR 3/1 sandy loam many sm roots 3 3.1.11 At 22 10YR 4/2 sand loam 3 3.1.11 B1 64 10YR 4/6 sandy loam 3 3.1.12 AO 4 10YR 3/1 sandv loam many sm roots 3 3.1.12 Al 1 29 10YR 4/31 san loam 3 3.1.12 B1 56 10YR 4/ san loam 3 3.4.13 AO 4 10YR 2/21 sandy loam many sm roots 3 3.1.13 Al 32 10YR 3/ sandy sill sm-med roots charcoal fragment 3 I.T.1 B1 53 10YR 4/ sandysillfew pebbles 3 AO 3 10YR 2/11 sandy loam A2-6 of 25 Cove Beach Estates Appendix A East Marion,NY Table A-2 Excavation Record 3 3.2.1 Al 19 10YR 3/ corn act, sand loam 3 3.2.1 B1 59 1OYR 5/8 wet, loamy sand few pebbles 3 3.2.2 AO 4 10YR 3/2 san loam few roots many sm-med roots and 3 3.2.2 At 19 10YR 3 com ct, sand loam few angular rocks damp, compact fine few vy am roots and man 3 3.2.2 B1 47 10YR 5/ sand angular rocks and pebbles mottled 10YR 4/ with 10YR 3 3.2.3 Redeposited A 25 4/6 Compact. sandy loam angular gravel yes 3 3.2.3 Al 1 50 10YR 3/4 loamy sand roots and gravel dark due to roots slightly lighter than 3 3.2.3 B1 57 10YR 4/ loamy sand gravel 3 3.2.4 Al 28 10YR 4/3 compact, sandy loam 3 3.2.4 81 59 10YR 3/3 compact sandy loam 3 3.2.5 AO 4 10YR 3/1 sand loam 3 3.2.5 Al 16 10YR 3/3 sand loam 3 3.2.5 Bi 1 47 10YR 4/6 loose, loamy sand gravelly, with few cobble 3 3.2.6 AO 4 10YR 3/1 sandy loam 3 3.2.6 Al 25 10YR 3/3 sand loam gravelly,with few med 3 3.2.6 B1 65 10YR 4/6 loose, loamy sanc cobbles sewer pipe 4 4.1.1 AO 4 10YR 4/1 sandy loam many pebbles fra ? 4 4.1.1 Al 19 10YR 3/21 sandy loam many pebbies 4 4.1.1 61 46 10YR 5 wet, silty san few pebbles 4 4.1.2 AO 8 10YR 4/1 san loam many pebbles 4 4.1.2 Al 21 10YR 5/1 sandy loam many pebbles 41 4.1.2 B1 38 10YR 5/8 wet, silty san few pebbles sandy loam and 4 4.1.3 Al 13 10YR 3/2 loam /sil san pebblesi A2-7 of 25 Cove Beach Estates Appendix A East Marion,NY Table A-2 Excavation Record few pebbles, many broken 4 4.1.3 Bt 31 10YR 5/ silty sand quartz fra s 4 4.1.3 B2 54 10YR 7/4 sand 4 4.1.4 Al 13 10YR 4/3 sandy loam 41 4.1.41 61 40 10YR 4/4 loamy sand roots 7r 41 4.1.41 62 48 10YR 7/3 loamy sand 41 4.1.51 AO 3 10YR 3/2 sand loam many sm roots 10YR 4/4 banded with silty sand with bands few sm roots and angular 4 4.1.5 At 26 3/3 of siltier soil pebbles 4 4.1.5 61 41 10YR 4/6 wet sand med angular pebbles 4 4.1.5 B2 70 10YR 616 wet sand sm-med angular pebbles 4 4.1.6 AO 3 10YR 3/1 sandy loam 4 4.1.6 Al 26 10YR 4/2 wet, san loam 4 4.1.6 131 66 10YR 5/8 wet,clayey san 4 4.1.7 AO 5 10YR orglanic loam man sm-med roots rounded rocks and 41 4.1.7 At 30 10YR 3/3 silty loa pebbles vy wet clayey, silt. 4 4.1.7 B1 52 10YR 4/ sand many sm an ular Dabbles 41 4.1.81 AO 4 10YR 2/1 sandy loam 41 4.1.8 At 30 10YR 4/1 sand loam 41 4.1.8 Bt 59 10YR 5/6 loamy san pebbles 41 4.1.9 AO 4 10YR 3/2 loose, sandy loam man sm-med roots few sm roots and angular 4 4.1.9 Al 30 10YR 3/3 wet,silty sandy loam pebbles - few sm roots and many 4 4.1.91 61 54 10YR 4/61 silty sand angular pebbles 41 4.2.11 AO 5 10YR 2/1 sandy loam 4 4.2.11 Al 10 10YR 3/2 sandy loam 4 4.2.1 Bi 26 10YR 516 compact, loamy sand 4 4.2.1 B2 44 10YR 5/6 loose,silty sand bbles 4 4.2.2 AO 3 10YR 3 sandy loam A2-8 of 25 i i i i i 1 I I 1 I I I I I I I I I I Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Recons W . many whole and broken extremely compact med round and angular quantity of quartz 4 4.2.2 Al 12 10YR 3/3 sandv loam pebble and sm cobbles pebbles and cobbles many med rounded and many pieces of 4 4.2.2 B1 22 10YR 4/6 fine sand angular rocks and pebbles broken quartz 4 4.2.2 B2 56 10YR 6/6 loose, fine sand few pebbles 4.2.2, 2 4 W AO 3 10YR 3/1 sandy loam manv sm roots 4'2.21 2 sm roots and sm-med 4 W Al 19 10YR 3/ silty sand rounded pebbles 42.2, 2 few sm-med rounded 4 W Bt 41 10YR 4/6 wet sand pebbles 4'22, 2 few sm-med rounded 4 west B2 66 10YR 6/6 wet sand pebbles 4 4.2.3 Al 12 10YR T13 sandy loam many roots Iyes vy compact due to sm 4 4.2.3 A2 24 10YR 3/ —compact, sandy loam angular rocks, many roots yes few sm roots and angular 4 4.2.3 B1 31 10YR 4/ compact,fine sand rocks yes metal wire and 4 4.2.3 B2 54 10YR 5/6 compact, fine sand fra s Yes 4 4.2.3 B3 58 10YR 6/4 compact, fine sand 4 4.2.4 AO 3 10YR 3/3 sandy loam 4 4.2.4 Al 14 10YA 3/ fine sand loam few sm-med roots yes mottled few sm-med roots, 10YR 3 angular pebbles and 4 4.2.4 A2 52 with 4/ fine loamy sand gravel historic artifacts yes med cobbles and angula 4 4.2.4 B1 90 10YR 5/E damp, fine sand gravel historic artifacts yes 4 4.2.5 AO 4 10YR 4/1 sandyloam 4 4.2.5 At 25 10YR 3 compact, sandy loam 4 4.2.5 B1 5710YR 6/ loam sand 4 4.2.6 At 26 10YR 3/4 sandyloam sm-med roots A2-9 of 25 Cove Beach Estates Appendix A East Marion,NY Table A-2 Excavation Record .damp,compact,silty few sm roots,angular 4 4.2.6 B1 56 10YR 4/6 fine sand gravel 4 4.2.7 AO 4 10YR 2/2 loam many sm roots sm-med roots and angular 41 4.2.71 At 25 10YR 3/4 loamy sil rocks few small roots, man 4 4.2.7 B1 48 10YR 4/61 compact, silty sand angular rocks and pebbles many sm roots, decomposing wood chips 4 4.2.8 AO 4 10YR sandy loam from tree fall sm-med roots and round 41 4.2.8 Al 15 10YR 3/3 sandy loam and angular pebbles sm roots, many round and 4 4.2.81 B1 56 10YR 4/6 compact,silty sand angular rocks and pebbles Ivery thick 41 4.2.91 AO 5 10YR 3/1 sand loam 41 4.2.91 Al 28 10YR 4/3 sand loam 4 4.2.9 81 58 10YR 5/8 sandy loam 5 5.1.1 AO 9 10YR 3/3 silty sandy loam few sm roots 5 5.1.1 At 23 10YR 3/4 silty sand few sm-I a roots few sm roots, many 5 5.1.1 81 52 10YR 4/6 fine sand an ular rocks and pebbles 5 5.1.1 B2 68 10YR 5/6 fine sand few sm pebbles 5 5.1.2 AO 8 10YR 3/3 sandy loam few sm roots 5 5.1.2 Al 25 10YR 3/4 siltyandpiece of shell 5 5.1.2 61 42 10YR 5/6 fine sand few I e roots sm roots and rounded 5 5.1.3 AO 7 10YR 3/ san loam pebbles many sm-med roots and historic artifact 5 5.1.3 Al 19 10YR 4/ loamy sand pebbles fra many large rocks and 51 5.1.3 61 28 10YR 4/6 fine sand pebbl 5 5.1.5 AO 3 10YR 3/1 sandyloam man sm roots 5 1.5 Al 19 10YR 3/2 sandyloam roots 51 5.1.51 B1 1 43 1 OYR 4/ loamy sand roots, sm-med cobbles A2-10 of 25 Cove Beach Estates Appendix A East Marion,NY Table A-2 Excavation Recons 5 5.1.6 Al 8 10YR 3/ sandyloam man sm-med roots 5 5.1.6 Al 31 31 8 7.5YR 5/ dam sand few sm roots 5 5.1.6 B1 62 1OYR 5/ san loam few pebbles 5 5.1.7 AO 7 10YR 3/ loam sand roots 5 5.1.7 At 20 10YR 4 loamy sand roots 5 5.1.7 B1 43 10YR 3/31 loam sand pebbles7, 5 5.1.8 AO 7 10YR 3/31 loam sand 5 5.1.8 At 30 10YR 3/ loamy san 5 5.1.8 B1 60 10YR 5/61 loamy sand pebbles 5 5.1.9 AO 12 10YR 4/2_—sa—ndy loam many roots 5 5.1.9 Al 47 1OYR 3/ sand loam historic artifacts 5 5.1.9 B1 59 10YR 4 sandyloaff 5 5.2.1 AO 3 10YR 4/1 sandy loam 5 5.2.1 Al 20 1OYR 4/2 sand loam 5 5.2.1 B1 55 10YR 5/8 loamy sand many pebbles 5 5.2.2 AO 3 10YR 2/1 sandy loam 5 5.2.2 Al 11 10YR 3/1 sandy loam 5 5.2.2 Bl 45 10YR 5/6 loam sand many pebbles 5 5.2.2 B2 57 10YR 6/6 sandy loam pebbles 5 5.2.3 AO 2 10YR 2/1 sandy loam 5 5.2.3 Al 7 10YR 4/2 sandy loam 5 5.2.3 Bt 21 10YR 4/3 heavy sanc pebbles 5 5.2.3 B2 57 10YR 6/ sand pebbles 5 5.2.4 AO 3 10YR 3/2 sandy loam many roots asphalt yes sm roots and med-Ige 5 5.2.4 Al 21 10YR 3/ rounded rocks and sil san pebbles many med-Ige rounded 5 5.2.4 131 38 10YR 4/6 wet san rocks and pebbles few med-Ige rounded 5 5.2.4 B2 62 10YR 5/ wet sand bbles many sm roots and 5 5.2.5 AO 4 10YR 3/ sand loam rounded ebbles asphalt Iyes A2-11 of 25 Cove Beach Estates Appendix A East Marion,NY Table A-2 Excavation Recons Ell mottle banded 10YR 4 few roots, many rounded 5 5.2.5 Fill 43 and 3/4 sandy loam pebbles asphalt yes 5 5.2.5 Buried Al 66 10YR 3/3-sandy loam few rounded pebbles 5 5.2.5 Bt 77 10YR 4/6 damp,silty sand few pebbles sm-med roots, rounded 5 5.2.6 AO 7 10YR 3/4 loam pebbles mottled/ banded 10YR 4/ 5 5.2.6 Redeposited A 45 and 4/6 damp,sandy loam cobbles and pebbles 5 5.2.6 Buried AO 50 10YR 3/2 silty sandy loam few sm roots buried root mat few angular rocks and 5 5.2.6 Buried Al 65 10YR 3/4 silty sandy loam pebbles 5 5.2.7 AO 15 10YR 3/2 sandy loam 5 5.2.7 Al 35 10YR 5/6 sandy loam 5 5.2.7 Bt 73 10YR 5/1 reworked sandy loam coal fra ments coal chips and 5 5.2.7 B2 95 10YR 3/4 sandy chunks 5 5.2.8 AO 10 10YR 3/3, sandy loam many roots med roots, many angular 5 5.2.8 Al 18 10YR 3/2 dam ,sand loam and rounded rocks asphalt damp,silty sand 5 5.2.8 A2 36 10YR 4/4loam many angular rocks asphalt yes 5 5.2.8 B1 69 10YR 4/6 damp sand some rounded pebbles 5 5.2.9 AO 2 10YR 2/2 sand loam 5 5.2.9 At 11 10YR sandy loam 5 5.2.9 B1 58 10YR 6 sand few pebbles 5 5.2.9 B2 64 10YR T/4 sand few pebbles 6 6.1.1 AO 8 10YR sandy loam many roots few roots, many rounded 61 6.1.1 Al 16 10YA 3/3 silty sanc pal 61 6.1.1 61 51 10YR 5/ sand pebblesl 61 6.1.21 AO 3 10YR 2/2 sandy loam many am roots 1peaty A2-12 of 25 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record RedepositedA 6 6.1.2 1 18 1OYR 3/2 silty sand many sm roots RedepositedA 6 6.1.2 2 40 10YR 4/4 damp, silty loam few sm roots and rocks 6 6.1.2 Buried Al 58 10YR 3/ dam , sil sand few sm roots bottom of level 6 charred wood at 6.1.2 61 75 10YR 5/ dam , fine sand few sm pebbles 6 6.1.3 AO 8 10YR 3/ sand loam man sm roots vy organic 6 6.1.3 A7 28 10YR 4/ si son few sm roots and pebbles 6 6.1.3 61 54 10YR 5/8 sand man pebbles 6 6.1.4 AO 6 10YR 2/2 sand loam man sm roots 6 6.1.4 Al 11 10YR 3/ sil son man sm roots vy organic 6 6.1.4 A2 25 10YR 3/ sil son 6 6.1.4 B1 47 10YR 5/6 10YR 4/3 sand at sand man sm pebbles bottom 6 6.1.5 AO 7 10YR 3/2san loam many sm roots 6 6.1.5 Al 15 10YR 3/3 silty sanc few sm roots IOYR 7/6 mixing of sand could 6 6.1.5 61 62 and 6/ be due to interface sand pebbles with a lower strat 6 6.1.6 AO 4 10YR 2/2 sand loam man sm roots 6 6.1.6 Al 22 10YR 3/2 dam ,sil sand few sm roots machine cut nail 6 6.1.6 61 30 tOYR 4/ dam sand worm holes 6 6.1.7 AO 8 10YR 2/ sand loam aluminum modern/historic man root container frogs artifacts 6 6.1.7 Al 30 10YR 3/ dam ,sil sand sm-med roots metal screw 6 6.1.7 Bi 70 10YR 5/ pebbles, large root Wesand botto6 6.1.8 AO 5 10YR 3 sand loam com act, man roo6 6.1.8 Ai 35 10YR 3 dam , sil sand few sm roo6 6.1.8 61 63 10YR 4/ sand tew bbl6 6.1.9 AO 3 10YR 3/ san loam few roo6 6.1.9 Ai 18 10YR 3/ dam ,sil sand man sm-med roo A2-13 of 25 Cove Beach Estates Appendix A East Marion,NY Table A-2 Excavation Record 6 6.1.9 Bi 56 1OYR 4/61 sand few roots, pebbles 6 6.2.1 AO 7 10YR 3/ loam many roots 6 6.2.1 Al 15 10YR 4/31 clayey san 6 6.2.1 61 40 10YR 6/2 sand pebbles 6 6.2.2 AO 5 10YR 2/2 sandy loam oom act, many roots peaty 6 6.2.2 Al 12 10YR 3/4 fine silty sand few sm roots and pebbles 61 131 29 10YR 4/6 coarse-fine sand I e roots and rocks many cobbles, pebbles 6 6.2.2 B2 44 10YR 5/8 sand and gravel 61 6.2.2 B3 59 10YR 5/ sand many vy sm pebbles 6 6.2.3 AO 6 10YR 2/2 sand loam compact, many roots 6 6.2.3 Al 31 10YR 3/3 fine sand man sm-med roots 6 6.2.3 B1 43 10YR VE fine sand vy man root 6 6.2.6 AO 6 10YR 3/ sandy loam many sm roots charred wood in north wall, 12 cm wide btwn 61 6.2.6 Al 28 10YR 3/ silty sanc few sm roots 14-23 cm down 6 6.2.6 B1 49 1OYR 6/81 sand few pebbles 6 6.2.7 AO 3 10YR 3/6 sandy loam many sm roots 6 6.2.7 Al 20 10YR 3/6 silty san 6 6.2.7 B1 38 10YR 4/6 sand many pebbles 6 6.2.8 AO 5 10YR 3/2 sand loam man sm roots fra s glass container 6 6.2.8 All 23 10YR 3/4 si sand 6 6.2.8 B1 45 10YR 5/4 sand layer of sm cobbles 6 6.2.9 AO 7 10YR 3/31 sandy loam roots 6 6.2.9 Al 14 10YR 3 silty sanc roots 6 6.2.9 B1 50 10YR 4/61 fine silly sent few sm pebbles 7 7.1.1 AO 4 10YR 2/ loamy sand man sm roots 7 7.1.1 Al 21 10YR 3/ sillysandsm roots 7 7.1.1 B1 50 10YR 4/61 sandl few rounded pebbles, 7 7.1.2 AO 6 10YR 2/ loam sand com act, man roots 7 7.1.2 Al 35 10YR 3/ siltysan few sm ,00 roots A2-14 of 25 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record i 7 7.1.2 B1 77 10YR 4/6 few am roots, pebbles 7 7.1.3 AO 7 10YR 3/1 sand loam towards bottom charcoal fra s any am roots 7 7.1.3 At 27 10YR 3 sil san mfew sm roots 7 7.1.3 B1 70 10YR 5/ sand many pebbles 7 7.1.4 AO 2 1OYR 3/2 sandy loam many am roos 7 7.1.4 Al 20 10YR dam , s"-sanc man sm-med roos 7 7.1.4 81 60 10YR 4/ dam sand few roos, man ebbl 7 7.1.4 B2 80 1OYR 5/6 sand vy many rounded pebbles 7 7.1.5 AO 8 10YR 3/ sand loam man sm roots 7 7.1.5 Al 18 10YR 4/3 sil san few sm roots 7 7.1.5 81 61 10YR 5/ sand man sm ebbles 7 7.1.7 AO 8 1OYR 4/ sand loam 7 7.1.7 Al 25 10YR 4/ sand loam 7 7.1.7 B1 42 10YR 5/6 loam sand bbles 7 7.1.8 AO 8 10YR 4/ san loam 7 7.1.8 Al 31 10YR 3/3 san loam 7 7.1.8 61 61 10YR 5/ loam sandbbles 7 7.1.9 AO 8 1 OYR 2/2 thick roots 7 7.1.9 Al 31 10YR 2/2 sand loam 7 7.1.9 B1 61 10YR 5/4 san loampebbles 7 7.2.2 AO 2 10YR 3/1 sand loam man roots 7 7.2.2 Al 20 10YR 3/ sil loam man root 7 72.2 Bt 40 1OYR 4/6 fine sand few am roots 7 7.2.3 AO 5 10YR 3/1 loamy sand RedepositedA 7 7.2.3 1 15 10YR 3/4 loam many roots 7 72.3 Buried Al 32 10YR 3 san loam 7 7.2.3 B1 52 --Toy—R4/4 sand 7 7.2.3 B2 62 10YR 5/ sand bbles 7 7.2.4 AO 7 10YR 3 sand loam man am roots 7 7.2.4 At 13 10YR 3/ si san few am roots and ebbles 7 7.2.4 B1 53 10YR 4/ sand ebbles lass sherds 7 7.2.5 AO 3 10YR 3/ sand loam man roots 7 7.2.5 At 43 t OYR 3/ si san few am roots charcoal A2-15 of 25 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record yrx 7 7.2.5 Bt 67 10YR 4/ sand sm pebbles 7 7.2.6 AO 7 10YR 4/4 sand loam 7 7.2.6 Al 27 10YR 4/2 sandyloan 7 7.2.6 B1 69 10YR 516 loam sand cobbles and-pebbles 7 7.2.7 AO 9 10YR 212 sandy loam many sm roots 7 7.2.7 Al 27 10YR 3 damp,silty sand few sm-I a roots 7 7.2.7 B1 45 10YR 4/6 sand pebbles 7.2.8 AO 6 10YR Y/2 sand loam 7 7.2.8 Al 34 10YR 4/41 sand loam 7 7.2.8 B1 59 10YR 4/61 loamy sand pebbles 7 7.2.9 AO 10 10YR 2/ sand loam 7 7.2.9 Al 28 10YR 3/ sandy loam 7 7.2.9 B1 53 1 10YR 5141 sandy loam 8 8.1.1 AO 8 10YR 3/1 sand loam 8 8.1.1 Al 18 10YR 4 sandyloam 8 8.1.1 Bt 58 10YR 7/4 sand 8 8.1.2 AO 3 10YR 3TJ sandvioam many sm roots many sm-med angular 8 8.1.2 Al 13 10YR 3/4 damp,silty sand pebbles 8 8.1.2 61 1 62 10YR 5/8 many angular rocks and sand pebbles 8 8.1.3 AO 5 10YR 3/2 sand m loa 8 8.1.3 Al 22 1OYR 4/4 sand loam 8 8.1.3 B1 60 10YR 6/ loamy sand 8 8.1.4 AO 10 10YR 4/11 sandy loam 8 8.1.4 Al 40 10YR 3/31 sandy loam 8 8.1.4 B1 67 10YR 5/61 loam sand 8 8.1.5 AO 6 10YR 3/1 sand loam 8 8.1.5 Al 34 10YR 4 sandv loam 8 8.1.5 B1 67 10YR 5/6 loam sand 8 8.1.6 AO 8 10YR 3/1 sandy loam 8 8.1.6 Al 20 10YR 4/2 san loam 8 8.1.6 B1 45 10YR 5/6 loamy sand pebbies 8 8.1.7 AO 10 10YR 3/1 sandy loam 8 8.1.7 Al 34 10YR 3/ sand loam 8 8.1.7 B1 54 10YR 4/ loam sand la a cobbles 8 8.1.8 AO 7 10YR 4/1 san loam A2-16 of 25 I I I I I I I t 1 1 I I I i I I I I 1 Cove Beach Estates Appendix A East Marion,NY Table A-2 Excavation Record 8 8.1.8 Al 25 10YR 5/3 sandy loam 8 8.1.8 Bt 47 7.5YR 6/8 loamy sand 8 8.1.9 AO 5 10YR 3 sandy loam 8 8.1.9 Al 17 10YR 4/3 sand loam 8 8.1.9 B1 42 10YR 5 loamz sand many sm roots, few med- 8 8.2.1 AO 4 10YR 3/ sandy loam I e pebbles few sm roots and rounded 81 8.2.1 Al 11 10YR 3/ silty sand pebbles few med roots, sm 8 8.2.1 B1 43 10YR 5/8 compact sand pebbles 8 8.2.1 B2 57 10YR 7/1 sand many sm roots and 8 8.2.2 AO 7 tOYR 3/ sandy loam rounded pebbles 8 8.2.2 At 15 10YR 3/ silty sand many sm rounded pebbles few sm roots and rounded 8 8.2.2 B1 38 1 10YR 4/6 sand pebbl 81 8.2.2 B2 56 10YR 6/6 sand few sm rounded pebbles many sm roots, sm-med 8 8.2.3 AO/A1 11 1OYR 2/2 sandy loam rounded pebbles few sm-med rounded 8 8.23 B1 54 10YR 5/8 sand pebbles many roots and pebbles- 8 8.2.4 AO 22 10YR 2/2 sandy loam thick root mat 8 8.2.4 Al 39 10YR 3/3 silty sand many pebbles 81 8.2.4 Bt 66 10YR 4/6 sand few small pebbles 81 8.2.5 AO 6 10YR 3/2 sandy loam many sm roots 81 8.2.5 Al 33 10YR 3/4 silty san few sm-med roots 8 8.2.5 B1 53 10YR 5/8 sand some sm pebbles 8 8.2.6 AO 5 10YR 3/31 sandy loam 8 8.2.6 Al 18 10YR 4/41 sandy loam 8 8.2.6 Bt 56 1 10YR 5/81 loamy sand pebbl 8 8.2.7 AO 5 10YR 3/21 sandyloam 8 8.2.7 Al 23 10YR 4/ sandyloam 8 8.2.7 B1 58 10YR 5 loamy sandl pebblesl 81 8.2.8 AO 8 10YR damp, sandy loaml many sm roots A2-17 of 25 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record 81 8.2.8 Al 28 10YR 3/4 siltv san few sm-I a roots 8 8.2.8 81 57 10YR 5/ sand pebbles 8 8.2.9 AO 5 10YR 2/2 sandy loam 8 8.2.9 Al 25 10YR 3/2 sandy loam 8 8.2.9 61 45 10YR 4/4 loamy sand pebbles 9 9.1.1 AO 3 10YR 3/1 sandy loam 9 9.1.1 At 24 10YR 4/1 sandy loam many roots 9 9.1.1 B1 51 10YR 4/4 wet loamy/clayey san 91 9.1.2 AO 4 10YR 3/2 sandy loam sm roots few sm roots, rounded 9 9.1.2 At 15 10YR 3/4 silty sanc pebbles few med roots,sm-med 9 9.1.2 B1 40 10YR 4/61 sand rounded pebbles 9 9.1.3 AO/A1 7 10YR 3/3 silty sand many roots few roots, sm-med rocks 9 9.1.3 B1 43 10YR 4/6 sand and pebbles 9 9.1.4 AO 4 10YR 4/2 sand loam 9 9.1.4 At 17 10YR 3/2 sandy loam 9 9.1.4 B1 48 10YR 4/6 loamy sand pebbles 9 9.1.5 AO 17 10YR 3/2 sandy loam many sm roots 9 9.1.5 Al 27 10YR 3/4 silty sand some sm roots charcoal frags, not recovered 9 9.1.51 B1 63 10YR 5/6 sand sm-med rounded pebbles from field 91 9.1.61 AO 3 10YR 2/1 sand loam 9 9.1.6 Al 24 10YR 3/2 sandy loam 9 9.1.6 81 61 10YR 4/61 loamy sand 9 9.1.7 AO 4 10YR 4/11 sandy loam 9 9.1.7 Buried A? 21 10YR 4/21 sand loam many roots 9 9.1.7 A2 38 10YR 4/ sandy loam roots 9 9.1.7 Bt 62 10YR 5/61 loam sand pebbles 9 9.1.8 AO 5 10YR 3 sandvioan man sm-med roots 91 9.1.8 Al16 10YR 3/ si san few sm roots 9 9.1.8 B7 40 10YR 5/ sand few sm roots, bbles 91 9.1.9 AO 5 1 10YR sandy loam root mat A2-18 of 25 I I 1 I I I I I I I I I I 1 I I 1 I 1 Cove Beach Estates Appendix A East Marion,NY Table A-2 Excavation Record 119 MM charcoal(rags, not recovered 9 9.1.9 Al 21 10YR 3/4 silty sand sm-I a roots from field few sm roots, sm-med 9 9.1.9 61 1 60 10YR 4/6 sand loam rounded pebbles 9 9.2.1 AO 10 10YR 3/1 sandy loam 9 9.2.1 Al 30 10YR 3/2 sandy loam 9 9.2.1 B1 60 10YR 5/6 loamy sand pebbles 9 9.2.2 AO 10 10YR 3/1 sandy loam 9 9.2.2 At 25 10YR 3/1 sandy loam 91 9.2.2 Bt 50 10YR 5/6 loamy sand 91 9.2.2 AO 5 10YR 3/1 sandy loam 91 9.2.3 At 24 10YR 3/2 sandy loam 9 9.2.3 131 54 10YR 5/6 loamy sand few pebbles 9 9.2.4 AO 4 10YR 3/3 sand loam many sm roots few roots, sm-med round 9 9.2.4 At 17 10YR 3/4 silty sand pebbles med roots, few sm-med 9 9.2.4 61 51 10YR 5/8 sand rounded pebbles 9 9.2.4 132 65 10YR 6/4 sand 9 9.2.5 AO 2 10YR 3/4 sand loam many roots many sm-med roots,few rounded rocks and 9 9.2.5 Al 25 10YR 3/4 damp,silty sand pebbles damp, compact fine 9 9.2.5 Bt 43 10YR 4/6 sand many cobbles 9 9.2.6 AO 5 10YR 3/3 damp, sandy loam sm-med roots 9 9.2.6 At 12 10YR 3/4 silty sand sm-med rounded pebbles 9 9.2.6 B1 53 10YR 4/6 sand sm-med rounded pebbles rusty iron fra 9 9.2.7 AO 8 10YR 3/3 sandy loam sm-med roots sm roots, sm-med 91 9.2.71 At 1 18 1 10YR 3/ silty sand rounded pebbles sand sm-Ige rocks and 9 9.2.7B1 59 10YR 4/ sand cobbles 91 9.2-81 AO 10 10YR 2/11 loam A2-19 of 25 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record r 9 9.2.8 Al 35 10YR 3 loam 9 9.2.8 B1 57 10YR 4/ sand loam 9 9.2.9 AO 7 1 OYR 3/2 loam 9 9.2.9 Al 25 1 OYR 3/3 loam 9 9.2.9 B1 57 1 OYR 5/8 sandy loam sm-med roots,specks of 10 10.2.1 AO 6 1 OYR 3/3 damp, sandv loam light colored sand 101 10.2.1 Al 23 10YR 3/3 sifty sand few sm roots, sm-med 10 10.2.1 Bi 54 10YR 4/6 sand rounded pebbles 10 10.2.2 AO 12 10YR 4 sand loam 10 10.2.2 Al 41 1 10YR 3/2 sandyloam 10 10.2.2 B1 62 10YR 5/6 loamy sand 10 10.2.3 AO 12 10YR 3/2 sandv loam 10 10.2.3 Al 25 10YR 3/3 sandy loam 10 10.2.3 B1 45 10YR 5/6 loamy sand 10 10.2.4 AO 5 10YR 3/2 sandy loam 101 10.2.4 Al 25 1 OYR 4/3 sandy loam 10 10.2.4 Bt 67 1 OYR 5/8 loamV sand 10 10.2.5 AO 6 1 OYR 3/3 wet, sandy loam root mat 10 10.2.5 At 23 1 OYR 3/2 compact siltv sand sm roots 10 10.2.5 B7 56 1 OYR 5/6 wetsandy med rounded pebbles 10 10.2.6 AO 7 1 OYR 3/1 sandy loam 10 10.2.6 Al 25 1 OYR 3/3 sandv loam 10 10.2.6 131 53 1 OYR 5/8 loamV sand 101 10.2.71 AO 11 10YR 3/3 sandy loam 101 10.2.71 Al 36 10YR 3/2 sandy loam 101 10.2.71 131 63 1OYR 5/6 loamy sand 101 10.2.81 AO 1 1 OYR 2/2 sandy loam dense root mat few roots, sm rounded 10 10.2.8 Al 19 1 OYR 3/2 wet,siftV sanpebbles compact,wet,sand) sm-med rocks and 10 10.2.8 Bi 69 10YR 4/6 loam pebbles 10 10.2.9 AO 5 1OYR 2/2 sandy loam 10 10.2.9 Al 20 1 OYR 3/3 sandy loam 10 10.2.9 B1 60 1 OYR 5/8 loamv sand pebbles 101 10.2.10 AO 4 1 OYR 2/2 sandyloam A2-20 of 25 1 I 1 I I I I I I I I I I I I I I I 1 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record 101 10.2.101 Al 32 10YR 3/1 sandy loam 10 10.2.10 61 56 10YR 5/6 wet, loamy sand 10 10.2.11 AO 4 10YR 3/1 sandy loam 10 10.2.11 Al 22 10YR 3/2 sandy loam 10 10.2.11 Bt 54 10YR 5/6 loamy sand pebbles 1010.2.12 AO 4 10YR 3/1 sandy loam 77 10 10.2.12 Al 17 10YR 3/2 sandy loam 10 10.2.12 81 48 10YR 5/6 loamy sand cobbles 101 10.2.131 AO 5 10YR 3/1 sandy loam 101 10.2.131 Al 20 10YR 3/2 sand loam 101 10.2.131 B1 47 10YR 5/8 loamy sand few pebbl 11 11.1.1 AO 8 10YR 3 loam root mat compact, damp, few roots, sm angular 11 11.1.1 Al 47 10YR 3/4 sandy loam rocks compact, damp,silty 11 11.1.1 Bt 57 10YR 4/6 sand 11 11.1.2 AO 3 10YR 3/1 damp, sandy loam 11 11.1.2 Al 31 10YR T13 sandy loam 11 11.1.2 B1 51 10YR 4/ compact, sandy loam few pebbles 11 11.1.3 AO 4 10YR 3 sandy loam root mat compact,wet,sandy very compact, 11 11.1.3 At 34 10YR 3/4 silt few am roots almost clayey compact, wet, silty 11 11.1.3 B7 49 10YR 5/8 sand gravel at bottom 11 11.1.4 AO 2 10YR 3/2 sandy loam root mat compact, wet sand 11 11.1.4 At 47 10YR 3/4 silt compact, wet, silty 11 11.1.4 131 53 10YR 5 sand gravel at bottom 11 11.1.5 AO 4 10YR 3/1 damp, sandy loam 11 11.1.5 Al 33 10YR 4/3 sandyloam 11 11.1.5 B1 55 10YR 4/61 compact, sandy loami oebblesl 11 11.1.6 AO 4 10YR 3/ silty load compact, wet sanrM 11 11.1.6 Al 40 10YR 3/ silt sm-med roots A2-21 of 25 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record .�;Y ttr Gott' I: compact, wet,sandy many rounded rocks and 11 11.1.6 B1 53 10YR 4/6 silt pebbles rclaev 11 11.1.7 AO 3 10YR 3/1 sandy loam 11 11.1.7 At 31 10YR 4/3 sandy loam many roots compact, damp, 11 11.1.7 Bi 52 10YR 5/61 loamy sand cobbles 11 11.1.8 AO 4 10YR 3/3 wet,silty loam compact,wet silly 11 11.1.8 Al 28 10YR 4/4 loam sm-med roots clayey few sm roots, rounded 11 11.1.8 131 60 10YR 4/6 sandy silt pebbles 11 11.1.9 AO 3 10YR 3/1 sandy loam 11 11.1.9 Al 31 10YR 3/1 damp, sandy loam many roots compact, damp, ill 11.1.9 B2 59 10YR 5/61 loamy sand cobbles 111 11.2.1 AO 4 10YR 3/ wet,silly loam roots 11 11.2.1 Al 30 10YR 3/41 wet,silly loam sm-med roots compact,wet silty 11 11.2.1 B1 50 10YR 5/6 sand few sm roots clayey 11 11.2.2 AO 4 10YR 2/1 loose,sandy loam 11 11.2.2 At 32 10YR 4/2 com act, sand loam 11 11.2.2 Bt 54 10YR 4/4 loamy sand pebbles 111 11.2.3 AO 3 10YR 2/1 sandy loam compact, damp,sandy 11 11.2.3 Al 38 10YR 3/2 loam compact, damp sandy 11 11.2.3 B1 58 10YR 4/4 silt pebbles 11 11.2.4 AO 4 10YR 3/2 sandy loam root mat compact, wet,sandy 11 11.2.4 Al 43 10YR 4/4 sift few sm roots compact, wet, silly sm-med rounded cobbles 11 11.2.4 Al 54 10YR 5/8 sand at bottom 11 11.2.5 AO 2 1 10YR 3/21 sandyloaml root mat compact,wet,sand 11 11.2.5 Al 41 10YR 3/ silt sm roots A2-22 of 25 I I I I I I I I I I I I I I M = M = = M = = M = M M M I� Cove Beach Estates Appendix A East Marion,NY Table A-2 Excavation Record tfyryM^fS L compact,wet, silt 11 11.2.5 Bt 53 10YR WE sand clum py 12 12.1.1 AO 4 10YR 3/2 sand loam root mat 12 12.1.1 Al 32 10YR 4/4 compact sandy sit sm-med roots Iclumpy compact, damp, silty 12 12.1.1 61 50 10YR 5/8 sand 12 12.1.2 AO 4 10YR 3/1 wet, sandy loam roots 1clayey 12 12.1.2 Al 11 10YR 3/3 compact, sandy loam heavy roots compact, wet, sand 12 12.1.2 B1 26 10YR 4/6 loam clayey, pills 12 12.1.3 AO 3 1OYR 3/2 sandy loam root mat 12 12.1.3 Al 42 10YR 4/4 compact sandy silt sm-med roots almost clayey compact, damp, silty 12 12.1.3 B1 48 10YR 5 sand 12 12.1.4 AO 3 10YR 2/2wet,sandy loam roots heavy, clayey compact, wet, sand 12 12.1.4 B1 52 1OYR 4/6 loam clayey, pills 12 12.1.4 Al 32 10YR 3/2 compact, sandy loam very heavy root 12 12.1.5 AO 4 10YR 3/1 sandy loam detaches easily 12 12.1.5 Al 47 10YR 4/3 compact, sandy loam heavy roots compact, wet, sandy 12 12.1.5 B1 59 10YR 5/6 loam clayey, pills 12 12.1.6 AO 3 10YR 3/1 sandy loam detaches easily 12 12.1.6 Al 44 10YR 4/ compact, sandy loam very heavy root compact, wet,sandy 12 12.1.6 Bt 56 10YR 5/ loam clayey, ills 12 12.2.1 AO 6 1 OYR 3/ san loam root mat 12 12.2.1 Al 37 10YR 4/4 compact, sandy silt sm-I a roots clayey 12 12.2.1 61 51 10YR 5/ com act, sil sand 12 f12,2.2 AO 5 10YR 3 sand loam root mat compact, wet,san 12 Al 37 tOYR 4/ siftsm-med rootsi clayey A2-23 of 25 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record a compact, wet,si 12 12.2.2 Bi 50 10YR 5/8 sand 12 12.2.3 AO 2 10YR 3/2 sandy loam root mat compact, wet, sandy 12 12.2.31 At 40 10YR 4/4 silt sm-med roots compact,wet,silty 12 12.2.3 B1 50 10YR 5/E sand I e root at bottom 12 12.2.4 AO 4 10YR 3/2 sand loam root mat compact, wet, sandy 12 12.2.4 Al 40 10YR 4/4 silt compact,wet,silty 12 12.2.4 B1 50 10YR 5/6 sand 121 12.3.11 AO 3 10YR 3/1 loose,sandy loam 12 12.3.1 At 43 10YR 4/3 compact, sandy loam roots 121 12.3.1 Bi 58 10YR 4/6 loamy sand 121 12.3.2 AO 4 10YR 3/1 loose,sandy loam 12 12.3.2 Al 29 1OYR 3/3 compact, sandy loam roots 12 12.3.2 81 53 10YR 4/6 wet, loamv sand clayey 12 12.3.3 AO 5 10YR 3/1 sandy loam root mat detaches easil 12 12.3.3 Al 40 10YR 3/3 compact, sand loam heavy root compact,wet, loam 12 12.3.3 Bi 59 10YR 4/6 sand clayey, pills 12 12.3.4 AO 3 1OYR 3/1 sandv loam detaches easy 12 12.3.4 At 38 10YR 4/ compact, sandy loam heavy root compact,wet, sand 12 12.3.4 Bi 59 10YR 5/6 loam clayey, pills 12 12.3.5 AO 3 10YR 3/1 sandy loam detaches easy 12 12.3.5 Al 43 10YR 4/ compact, sandy loam compact, wet andy 12 12.3.5 B1 55 10YR 5/6 loam clayey, ills 12 12.3.6 AO 4 10YR 3/ sandyloam root mat A2-24 of 25 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record ,aa lot# Ust�# A-Strat Nig, ``�@ °�� Notes, compact, wet, sandy 12 12.3.6 Al 36 10YR 4/4 silt sm-med roots compact, wet, silty 12 12.3.6 B1 50 1OYR 5/8 sand A2-25 of 25 1 ' Appendix B Artifact Catalogue 1 1 Cove Beach Estates Appendix B Long Island,NY Artifact Catalogue 2 2.2.4 Al Not Assi ned Unspecified Iron 1 Cast Iron? Fragment Possible cookware IIF ?- 3 3.1.5 B7 Activities Miscellaneous Artifacts Charcoal 2 Fragments 0.3 Tiny 3 3.1.13 Al Activities Miscellaneous Artifacts Coal 1 Fragment 0.1 Tiny 4 4.1.1 A7 Activities Public Services Ceramic 1 Pipe Fragment Brown glazed q_2.2water/sewer pipe 4 2W A7 Food S/P/S Tableware Glass 2 Molded Clear Bodysherds Possible tumbler 4 q2W' Al Not Assigned Unspecified Glass 1 Clear Fragment Curved;thin;tiny 4 4.2.3 A2 Food S/P/S Historic Undecorated Ceramic Ceramic 1 Ironstone Bodyspall 1850+ Unidentified form Historic 4 4.2.3 A2 Food S/P/S Ceramic Ceramic 1 Undecorated Bodysherd 1850 Thick body; unidentified Whiteware form 4 4.2.3 A2 Faunal Remains Shell Shell 1 Hard Shell Fra ment Clam g 0.5 Small 4 4.2.3 62 Faunal Remains Shell Shell 1 Unidentified Fragment 0.3 Very weathered 4 4.2.3 B2 Not Assigned Unspecified Iron 82 Can? Very oxidized; Fragments unidentified can; includes crimped rim section 4 4.2.4 Al Food S/P/S Historic Undecorated Ceramic Ceramic 1 Madeysherd 1850+ Probable dinner size Ironstone late 4 4.2.4 A7 Food S/P/S Bottle/Container Glass 1 Aqua Bodysherd Unidentified;possible beverage 4 4.2.4 Al Food S/P/S Bottle/ Glass 1 Pale Green Bodysherd Container Y Unidentified 4 4.2.4 At ClothingRelated Fastener Cu Allo 1 Grommet Whole 3/8 inch diameter 4 4.2.4 Al Activities Miscellaneous Charcoal 2 Artifacts Fragments 0.2 Tiny 4 4.2.4 At Activities 20th C Debris Glass 1 Automobile indow Fragment 20th C Safety glass W 4 4.2.4 Al Not Assigned Unspecified Glass 1 Molded Ambe Bodysherd Ink/Pharm/Med? 5 5.1.3 Al Architectural Construction Red Brick 1 Materials Fragment 0.2 Tiny B-1 Cove Beach Estates Appendix B Long Island,NY Artifact Catalogue v 5 5.1.3 Al Architectural Construction Concrete 1 Fragment 0.6 Tiny Materials 5 5.1.6 B1 Activities Miscellaneous Chamoal 4 Fragments 1.3 Artifacts 5 5.1.8 AO Furnishings Decorative Glass 1 Pressed Bodysherd 1905 Iridescent Carnival Glass Fumishin s 5 5.1.9 AO Historic 1 Burned Food S/P/S Ceramic Ceramic Unidentified Bodyspall 5 5.1.9 AO Bottle/ 3 Unidentified Food S/P/S Container Glass Clear Bod sherds 5 5.1.9 AO Bottle/ 1 Unidentified Food S/P/S Container Glass A ua Bod sherd 5 5.1.9 AO Construction 2 Tiny Architectural Materials Red Brick Fragments 0.8 Miscellaneous 5 5.1.9 AO Activities Artifacts Coal 2 Fragments 5.6 5 5.1.9 AO Miscellaneous 1 Small Activities Artifacts Charcoal Fragment 0.1 5 5.1.9 AO Not Assigned Unspecified Glass 2 Fragments Melted; unidentified 5 5.1.9 AO Not Assigned Unspecified Glass 1 Clear Fragment Thin,curved; light bulb? Historic Undecorated Partial green printed 5 5.2.7 61 Ceramic 1 Ironstone mark: Rd in box-Registry Food S/P/S Ceramic Basesherd 1884 mark, British 5 5.2.7 B1 Architectural Nails Iron 1 Wire Partial Corroded; missing head 5 5.2.7 Bt 1 Undecorated, unmarked; SmokingPie Pie Ball ClayPi estem Fragment 4/64 inch bore diameter Miscellaneous 5 5.2.7 B1 Activities Artifacts Coal 6 Fragments 16.3 6 6.1.1 AO Faunal Remains Shell Shell 1 Unidentified Fragment 0.4 Very weathered Miscellaneous 6 6.1.2 Al Activities Artifacts Charcoal 4 Fragments 4.5 Appear to be woods fra s 6 6.1.6 Al Architectural Nails Iron 1 Wire Whole 20th C 4 inch Ion 6 6.1.7 AO Activities 20th C Debris White Metal 1 Foil Fra ment 20th C Possible closure-wine? 6 6.1.7 AO Activities 20th C Debris Plastic 8 Fra mems 20th C O a ue white 6 6.1.7 AO Not Assi Assigned _Unspecified Unidentified 1 Fra ment Possible rabbit ellet? B-2 M = = = M M M M M M M = = M = i Cove Beach Estates Appendix B Long Island,NY Artifact Catalogue . a Key/Rolled 6 6.1.7 Al Activities 20th C Debris Iran 1 Metal Whole 1928 Ke from food/coffee can Bottle/ 6 6.1.8 Al Food S/P/S Container Glass 1 Clear Bod sherd Unidentified 6 6.2.6 A7 Miscellaneous Activities Artifacts Charcoal 80+ Fragments7 275 Bottle/ 6 6.2.6 AO Food S/P/S Container Clear Glass 10 Mason-type lid Fragments 1875 Mason-t ejar lid Miscellaneous 7 7'1'2 81 Activities Artifacts Charcoal 3 Fragments 0.3 Small Miscellaneous 7 7.2.5 Al Activities Artifacts Charcoal l Fragment 0.1 Tin Hard Shell 7 7.2.8 AO Faunal Remains Shell Shell 2 Clam Fragments 37.1 Including hinge Historic Undecorated Partial green printed 9 9.2.3 Al Ceramic l Ironstone mark: "...P Co. ...in Food S/P/S Ceramic Basesherd 1850+ U.S.A.",not identified Miscellaneous 1/2 inch square section; 2 9 9.2.6 B1 Activities Artifacts Iron 1 Grate? Fragment inch long Historic Undecorated 11 11.2.3 Al Food S/P/S Ceramic Ceramic 1 Whiteware Rimsherd 1850+ Scalloped rim; plate 11 11.2.3 Al Miscellaneous 1 Activities Artifacts Charcoal Fragment 1 0.1 Tin B-3