HomeMy WebLinkAboutBrecknock AssociatesJUDITH T. TERRY
TOWN CLERK
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
August 15, 1984
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
Richard F. Lark, Esq.
Main Road
(;utcho~lbe, New York 11935
Re: Brecknock Hall Property
Amended Scenic Easement
Dear Dick:
With reference to your letter of August 1st to Town Attorney Tasker
and subsequent resolution of the Southold Town Board at their regular
meeting held on August 1~1, 198~, relative to the above caption matter, I
am enclosing herewith the executed original and copy of the Corrective
Amended Grant of Scenic Easement which I believe you will be recording.
I would only ask that you correct the return address on the backing
sheet to reflect my name and address at the Town Hall.
Very truly yours,
Judith T. Terry
Southold Town Clerk
Enclosures (2)
ROBERT W. TASKER
Town Attorney
RECEIVED
'AUG 8 1984
Tow~ Clerk Seuthold
OFFIC~RNEY
425 MAIN ST.
GREENPORT, L.I., NEW YORK 11944
August 7, 1984
TELEPHONE
(516) 47%1400
Hon. Judith T. Terry
Southold Town Clerk
Southold Town Hall
Southold, New York 11971
Re: Brecknock Hall Property
Amended Scenic Easement
Dear Judy:
I have Just received a letter from Richard F. Lark, the Attorrn~3F for Brecknock
Associates with respect to the scenic easement granted the Brecknock Hall
Property sometime ago.
It appears that there was a typing error in one of the courses and distances
with respect to Parcel I1, and the title company has suggested that an amended
grant of easement be executed by the parties.
I am enclosing herewith Mr. Lark's letter together with an original and copy of
the proposed amended grant of scenic easement. You will note that the correc-
tion is indicated on page 6 of the amendments. I have reviewed this matter and
believe that the amendments should be executed by the Town of Southod, since
there is an obvious error in the description of Parcel II.
I would suggest that you put a resolution on the agenda for the next Town Board
meeting which will authorize the Supervisor to execute the amended g~ant of
easement,
If you have any question concerning this matter, please call me.
Yours very truly,
ROBERT W. TASKER
RWT: set
AU6 1. 3 1984
RICHARD F, LARK
August ~,1984
Robert W. Tasker~ Esq.
425 Main Street
Greenport, NY 11944
RE: Brecknock ~all Property
Greenportt New York
Dear Bob:
In connection with the above-captioned p=operty, the title
company picked up the fact that there was an error in one of the
course descriptions in the Amended Grant of Scenic Easement dated
December 13t 1~83, which was recorded in the Suffolk County Clerk's
Office in Liber 95Q6. cp 268, The error occurred in the third
course in Parcel II. To correct this error~ the title company had
me prepare a Corrective ~mended Grant of Scenic Easement, the
original and copy of which I am enclosing, You will note in re-
viewing the documents that the first five pages are exactly the
same, however, on page six I have noted the correction and made
the change in Parcel II.
Kindly have the Supervisor execute the original Corrective
Amended Grant of Scenic Easement and return same to me. I will
have it recorded and returned to you.
If you have any questionst please do not hesitate to contact
me.
RFL/mld'
Enclosures
~Very truly y~
1000
Dist.
035.00
Sec.
01.00
Blk.
p~o 025.000
Lot
CORRECTIVE AMENDED GRANT OF SCENIC EASEMENT
THIS INDENTURE, made this 13th day of December, 1983,
by and between BRECKNOCK ASSOCIATES, a co-partnership, with
offices c/o Gus Schad, 690 Deer Park Avenue, Dix Hills, New
York, hereinafter called the Grantor, and THE TOWN OF
SOUTHOLD, a municipal corporation having its principal place
of business at 53095 Main Road, Southold, New York,
hereinafter called the Grantee.
WHEREAS, there exists a Grant of Scenic Easement
agreement covering portions of the Grantor's land, dated
July 15, 1971, and recorded in the Suffolk County Clerk's
Office on December 13, 1971 in Liber 7066, page 386; and
WHEREAS, the parties desire to modify the aforesaid
Grant of Scenic Easement by cancelling same and placing in
its stead the following Grant of Scenic Easement on other
property of the Grantor, more particularly described in
Schedule A herein; and
WHEREAS, said premises constitute an area of natural
scenic beauty and whose existing openness, natural con-
dition, or present state of use, if retained, would enhance
the present or potential value of abutting and surrounding
properties and would maintain or enhance the conservation of
natural or scenic resourses; and
WHEREAS, the Grantor wishes to grant a scenic easement
to the Grantee affecting the premises described in Schedule
A; and
-1-
WHEREAS, the Grantee deems it to be in the public
interest to acquire interest or rights in real property for
the preservation of open space and areas to preserve the
beauty and natural conditions of lands in the Town of
Southold; and
WHEREAS, Section 247 of the General Municipal Law of
the State of New York provides that municipalities,
including Towns, may acquire the fee or any lesser interest,
development right, easement, covenant or other contractual
right necessary to achieve the aforementioned purposes to
land within the Town; and
WHEREAS, the Grantee in furtherance of the above policy
and in accordance with Section 247 of the General Municipal
Law, accepts the scenic easement affecting the premises
described in Schedule A.
NOW, THEREFORE, in consideration of ONE ($1.00) DOLLAR
and other good and valuable consideration to the Grantor,
receipt of which is hereby acknowledged, this agreement wit-
nesseth that:
1. The Grant of Scenic Easement agreement dated July
15, 1971 and recorded in the Suffolk County Clerk's Office
on December 13, 1971 in Liber 7066, page 386, is hereby
terminated and cancelled.
2. The Grantor does hereby donate, grant, transfer and
convey unto the Town of Southold, a scenic easement in
gross, of the nature, character and to the extent
hereinafter set forth, over and upon all those certain
-2-
plots, pieces or parcels of land as set forth and described
in Schedule A annexed hereto and made a part hereof.
3. The nature, character and extent of the easement
hereby granted is as follows:
(a) No buildings or structures shall be erected on
the premises, except fencing, utility structures and out-
buildings which might be required by municipal agencies for
the construction and maintenance of communal utilities,
water or sewage systems, consisting of a treatment plant,
pumping and lift stations and collection system, and other
such appurtenances.
(b) No lumbering operations shall be conducted on
the premises and no trees shall be cut unless dead, diseased
or decayed or for the better landscaping of the area or
improvement of existing growth or as may be reasonably
required in the construction of roads, equestrian trails,
recharge areas or communal utility, water or sewage systems;
(c) The land shall remain essentially in its
natural state, except for landscaping and maintenance such
as mowing of grass, the cleaning and removing of debris from
the pond areas.
(d) No topsoil shall be removed from the premises
nor shall sand, gravel or other minerals be excavated
therefrom for purposes of sale or use off the premises; nor
shall sand, gravel or other minerals be stored upon the
premises;
-3-
(e) The Grantee and its authorized agent shall have
the right of inspection of the premises for the purpose of
assuring itself that the Grantor is
of the terms and conditions of this
time.
4. The nature,
the within grant of
not in violation of any
scenic easement, at any
character and extent of limitations on
scenic easement are as follows:
(a) The premises shall not be open or available to
the public for general or park use, but shall remain at all
times in the exclusive possession of the Grantor, its suc-
cessors and assigns in interest, and subject to its or their
unqualified right to exclude others therefrom by any and all
lawful means, except as indicated in paragraph 3(e);
(b) Roads with necessary recharge basins for road
drainage may be constructed to provide access to and from
surrounding properties of the Grantor, as well as the
construction of jogging paths and equestrian trails.
(c) The within grant of scenic easement shall in no
way affect the right of the Grantor to use the premises, for
the uses herein permitted, and to do all
thereon, not expressly forbidden herein,
situated landowner might do;
such things
as a similarly
(d) Ail right, interests and privileges of the
Grantor in the premises not herein specifically donated,
granted, transferred and conveyed, remain and reside with
the Grantor, its successors and assigns.
-4-
5. The waiver or acquiescence in any variation from
any part of the restrictions and covenants herein by the
grantee shall be effective only for the particular instance
involved and shall not be deemed to limit the continuing
force and effect of the restrictions and covenants.
6. If the whole or any part of the premises shall be
condemned or taken by eminent domain, then this easement
shall forthwith cease without need of any further writing
from the date of title vesting in such proceeding. In such
event the Grantor shall not be required to repay to any real
property taxing authority any taxes reduced or abated as a
result of this scenic easement; nor shall the value of the
premises be limited by this easement; nor shall any part of
any award belong to the Grantee.
7. The grantee hereby undertakes to cooperate to the
extent legally permissible in having the valuation placed
upon the premises for purposes of real estate taxation taken
into account and limited by the restrictions imposed by this
scenic easement, all in accordance with State of New York
General Municipal Law ~247.
8. This agreement shall be perpetual and shall be a
covenant running with the land and shall be binding upon the
parties hereto, their successors and assigns.
9. This Grant of Scenic Easement is subject to the
adoption of a resolution by the Town Board of the Town of
-5-
Southold, subject to a permissive referendum authorizing the
execution of this amended Grant of Scenic Easement.
This document is recorded in order to correct an error
in the Amended Grant of Scenic Easement recorded in Liber
9506 cp 268, wherein the third course following the
beginning point in Parcel II was incorrectly described as
South 29° 32' 27" East 250.54 feet instead of South 39° 32'
27" East 250.54 feet.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals this 13th day of July, 1984.
STATE OF NEW YORK:
COUNTY OF SUFFOLK:
SS.:
E.EC OCE S? ATES/
Gus Schadf~ Partnerk
,'
On the 13th day of July, 1984, before me personally
came GUS SCH~, to me known to be the person who executed
the foregoing instrument, and who, being duly sworn ~ me,
did depose and say that he is a member of the firm of
B~CKNO~ ~SOCIATES, a co-partnership, and that he executed
the foregoing instrument in the firm name of B~CKNOCK
ASSOCIATES and that he had authority to sign the same, and
he acknowledged to me that he executed the same as the act
and deed of said firm for the uses and purposes therein men-
tioned.
RICHARD F. LARK
NOTARY PUBLIC, St&te of New Yo~
No. 52-7432500 - Suffolk Count¥~
Oemmisst.n Expires Match 30, 19..~
-6-
STATE OF NEW YORK:
:
COUNTY OF SUFFOLK:
ss.:
On the 1~th day of Auc3u~, 1984, before me came FRANCIS
J. MURPHY, to me known, who, being by me duly sworn, did
depose and say that he resides at (no #) Old Main Road,
Mattituck, New York; that he is the Supervisor of the TOWN
OF SOUTHOLD, the municipal corporation described in and
which executed the foregoing instrument; that he knows the
seal of said municipal corporation; that the seal affixed is
such seal; that it was so affixed by order of the Town Board
and that he signed his name thereto by like order.
{-N o%ar y Public ~ ~
-7-
SCHEDULE A
ALL those certain plots, pieces and parcels of
land, situate lying and being near Greenport, Town of
Southold, Suffolk County, New York, more particularly
bounded and described as follows:
PARCEL I:
BEGINNING at a point located on the southeasterly
portion of the premises being described herein, which
point is the northeasterly corner of land of Schofield
and McIntosh, and is the following two courses and dis-
tances from a monument located on the northerly side of
North Road (State Route 25): (1) North 11" 31' 10" West
210.00 feet; and (2) North 19° 16' 00" West 344.00
feet; running thence from said point of beginning along
land of Schofield and McIntosh, South 65° 47' 10" West
213.37 feet to a point; thence through land of
Brecknock Associates the following two courses and
distances: (1) South 65" 47' 10" West 330.84 feet; and
(2) South 66° 36' 40" West 765.20 feet to land of Jem
Realty Corp.; running thence along said last mentioned
land the following three courses and distances: (1)
North 41~ 39' 10" West 505.36 feet; (2) North 65" 07'
50" East 367.40 feet; (3) North 32" 28' 10" West 290.00
feet; running thence through land of Brecknock
Associates the following six courses and distances:
(1) North 57~ 16' 01" East 652.01 feet; (2) North 2"
50' 30" East 411.75 feet; (3) North 82° 04' 52" East
267.15 feet; (4) South 10° 34' 40" East 472.04 feet;
(5) North 88" 32' 59" East 360.75 feet; (6) South 23"
51' 43" East 1,123.11 feet to the northerly side of
North Road (State Route 25); running thence along the
northerly side of North Road South 66" 01' 20" West
252.76 feet to land of Schofield and McIntosh; running
thence along said last mentioned land the following two
courses and distances: (1) North 11° 31' 10" West
210.00 feet; thence (2) North 19" 16' 00" West 344.00
feet to the point or place of BEGINNING. Containing
31.8212 acres.
PARCEL II:
BEGINNING at a point located at the northwesterly
corner of the premises being described herein, which
point is distant the following seven courses and
distances from the point on the northerly side of
North Road (State Route 25) where the southeasterly
corner of land of Jem Realty Corp. joins the south-
westerly corner of land of Brecknock Associates: (1)
North 41° 39' 10" West 1,084.54 feet; (2) North 65°
07' 50" East 367.40 feet; (3) North 32" 28' 10" West
982.87 feet; (4) North 32° 57' 20" West 410.00 feet;
(5) North 44° 12' 35" East 564.01 feet; (6) North 25°
16' 36" East 398.13 feet; (7) North 58° 57' 15" East
471.09 feet; running thence from said point of
beginning along the ordinary high water mark of Long
Island Sound the following two courses and distances:
(1) North 58° 57' 15" East 130.00 feet; thence (2)
North 42" 36' 45" East 169.85 feet to land of
Brecknock Associates; running thence through said last
mentioned land the following eight courses and
distances: (1) South 39~ 32' 27" East 250.54 feet;
(2) South 3" 43' 35" West 234.96 feet; (3) South 35"
57' 18" East 163.60 feet; (4) South 3° 13' 04" West
277.09 feet; (5) South 57" 49' 51" West 255.05 feet;
(6) North 31° 02' 45" West 300.00 feet; (7) North 5"
13' 27" East 382.02 feet; thence (8) North 38" 52' 02"
West 183.71 feet to the point or place of BEGINNING.
Containing 6.1046 acres.
lO00
035.00
Sec.
01.00
Blk.
~ot
CORRECTIVE AMENDED GRANT OF SCENIC EASEMENT
5Oi
THIS INDENTURE, made this 13th day of December, 1983,
by and between BRECKNOCK ASSOCIATES, a co-partnership, with
offices c/o Gus Schad, 690 Deer Park Avenue, Dix Hills, New
York, hereinafter called the Grantor, and TEE TOWN OF
SOUTHOLD, a municipal corporation having its principal place
of business at 53095 Main Road, Southold, New York,
hereinafter called the Grantee.
WHEREAS, there exists a Grant of Scenic Easement
agreement covering portions of the Grantor's land, dated
July 15, 1971, and recorded in the Suffolk County Clerk's
Office on December 13, 1971 in Liber 706~, page 3~6; and
WHEREAS, the parties desire to modify the aforesaid
Grant of Scenic Easement by cancelling same and placing in
its stead the following Grant of Scenic Easement on other
property of the Grantor, more particularly described in
Schedule A herein; and
WHEREAS, said premises constitute an area of natural
scenic beauty and whose existing openness, natural con-
dition, or present state of use, if retained, would enhance
the present or potential value of abutting and surrounding
properties and would maintain or enhance the conservation of
natural or scenic resourses; and
WHEREAS, the Grantor wishes to grant a scenic easement
the premises described in Schedule
to the Grantee affecting
A; and
REAL ESTAT
SEP I 0
TRANSFER
SUFFOLK
c°UUTy
WHEREAS, the Grantee deems it to be in the public
interest to acquire interest or rights in real property for
the preservation of open space and areas to preserve the
beauty and natural conditions of lands in the Town of
Southold; and
WHEREAS, Section 247 of the General Municipal Law of
the State of New York provides that municipalities,
including Towns, may acquire the fee or any lesser interest,
development right, easement, covenant or other contractual
right necessary to achieve the aforementioned purposes to
land within the Town; and
WHEREAS, the Grantee in furtherance of the above policy
and in accordance with Section 247 of the General Municipal
Law, accepts the scenic easement affecting the premises
described in Schedule A.
NOW, THEREFORE, in consideration of ONE ($1.00) DOLLAR
and other good and valuable consideration to the Grantor,
receipt of which is hereby acknowledged, this agreement wit-
nesseth that:
1. The Grant of Scenic Easement agreement dated July
15, 1971 and recorded in the Suffolk County Clerk's Office
on December 13, 1971 in Liber 7066, page 386, is hereby
terminated and cancelled.
2. The Grantor does hereby donate, grant, transfer and
convey unto the Town of Southold, a scenic easement in
gross, of the nature, character and to the extent
hereinafter set forth, over and upon all those certain
-2-
plots, pieces or parcels of land as set forth and described
in Schedule A annexed hereto and made a part hereof.
3. The nature, character and extent of the easement
hereby granted is as follows:
(a) No buildings or structures shall be erected on
the premises, except fencing, utility structures and out-
buildings which might be required by municipal agencies for
the construction and maintenanc~ of communal utilities,
water or sewage systems, consisting of a treatment plant,
pumping and lift stations and collection system, and other
such appurtenances.
(b) No lumbering operations shall be conducted on
the premises and no trees shall be cut unless dead, diseased
or decayed or for the better landscaping of the area or
improvement of existing growth or as may be reasonably
required in the construction of roads, equestrian trails,
recharge areas or communal utility, water or sewage systems;
(c) The land shall remain essentially in its
natural state, except for landscaping and maintenance such
as mowing of grass, the cleaning and removing of debris from
the pond areas.
(d) No topsoil shall be removed from the premises
nor shall sand, gravel or other minerals be excavated
therefrom for purposes of sale or use off the premises; nor
shall sand, gravel or other minerals be stored upon the
premises;
-3-
(e) The Grantee and its authorized agent shall have
the right of inspection of the premises for the purpose of
assuring itself that the Grantor is not in violation of any
of the terms and conditions of this scenic easement, at any
time.
4. The nature, character and extent of limitations on
the within grant of scenic easement are as follows:
(a) The premises shall not be open or available to
the public for general or park use, but shall remain at all
times in the exclusive possession of the Grantor, its suc-
cessors and assigns in interest, and subject to its or their
unqualified right to exclude others therefrom by any and all
lawful means, except as indicated in paragraph 3(e);
(b) Roads with necessary recharge basins for road
drainage may be constructed to provide a~cess to and from
surrounding properties of the Grantor, as well as the
construction of jogging paths and equestrian trails.
(c) The within grant of scenic easement shall in no
way affect the right of the Grantor to use the premises, for
the uses herein permitted, and to do all such things
thereon, not expressly forbidden herein, as a similarly
situated landowner might do;
(d) All right, interests and privileges of the
Grantor in the premises not herein specifically donated,
granted, transferred and conveyed, remain and reside with
the Grantor, its successors and assigns.
-4-
5. The waiver or acquiescence in any variation from
any part of the restrictions and covenants herein by the
grantee shall be effective only for the particular instance
involved and shall not be deemed to limit the continuing
force and effect of the restrictions and covenants.
6. If the whole or any part of the premises shall be
condemned or taken by eminent domain, then this easement
shall forthwith cease without need of any further writing
from the date of title vesting in such proceeding. In such
event the Grantor shall not be required to repay to any real
property taxing authority any taxes reduced or abated as a
result of this scenic easement; nor shall the value of the
premises be limited by this easement; nor shall any part of
any award belong to the Grantee.
7. The grantee hereby undertakes to cooperate to the
extent legally permissible in having the valuation placed
upon the premises for purposes of real estate taxation taken
into account and limited by the restrictions imposed by this
scenic easement, all in accordance with State of New York
General Municipal Law ~247.
8. This agreement shall be perpetual and shall be a
covenant running with the land and shall be binding upon the
parties hereto, their successors and assigns.
9. This Grant of Scenic Easement is subject to the
adoption of a resolution by the Town Board of the Town of
-5-
Southold, subject to a permissive referendum authorizing the
execution of this amended Grant of Scenic Easement.
This document is recorded in order to correct an error
in the Amended Grant of Scenic Easement recorded in Liber
9506 cp 268, wherein the third course following the
beginning point in Parcel II was incorrectly described as
South 29° 32' 27" East 250.54 feet instead of South 39° 32'
27" East 250.54 feet.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals this 13th day of July, 1984.
STATE OF NEW YORK:
:
COUNTY OF SUFFOLK:
SS.:
B CK.OCK S ATES
GUS Scha~; Partner~
On the 13th day of July, 1984, before me personally
came GUS SCH~, to me known to be the person who executed
the foregoing instrument, and who, being duly sworn by me,
did depose md say that he is a m~ber of the firm of
B~CKNOCK ~SOCIATES, a co-partnership, md that he executed
the foregoing instrument in the firm name of BRECKNOCK
ASSOCIATES and that he had authority to sign the same, and
he acknowledged to me that he executed the same as the act
and deed of said firm for the uses and purposes therein men-
tioned.
RICHAR~ F. LARK
~TARY PUSLIC. S~te of mw York
No. 62-7432~0 - Suffolk County~
-6-
STATE OF NEW YORK:
:
COUNTY OF SUFFOLK:
SS.:
On the l~ th day of August, 1984, before me came FRANCIS
J. MURPHY, to me known, who, being by me duly sworn, did
depose and say that he resides at (no 9) Old Main Road,
Mattituck, New York; that he is the Supervisor of the TOWN
OF SOUTHOLD, the municipal corporation described in and
which executed the foregoing instrument; that he knows the
seal of said municipal corporation; that the seal affixed is
such seal; that it was so affixed by order of the Town Board
and that he signed his name thereto by like order.
-7-
SCHEDULE A
ALL those certain plots, pieces and parcels of
land, situate lying and being near Greenport, Town of
Southold, Suffolk County, New York, more particularly
bounded and described as follows:
PARCEL I:
BEGINNING at a point located on the southeasterly
portion of the premises being described herein, which
point is the northeasterly corner of land of Schofield
and McIntosh, and is the following two courses and dis-
tances from a monument located on the northerly side of
North Road (State Route 25): (1) North 11" 31' 10" West
210.00 feet; and (2) North 19" 16' 00" West 344.00
feet; running thence from said point of beginning along
land of Schofield and McIntosh, South 65" 47' 10" West
213.37 feet to a point; thence through land of
Brecknock Associates the following two courses and
distances: (1) South 65" 47' 10" West 330.84 feet; and
(2) South 66° 36' 40" West 765.20 feet to land of Jem
Realty Corp.; running thence along said last mentioned
land the following three courses and distances: (1)
North 41° 39' 10" West 505.36 feet; (2) North 65" 07'
50" East 367.40 feet; (3) North 32" 28' 10" West 290.00
feet; running thence through land of Brecknock
Associates the following six courses and distances:
(1) North 57" 16' 01" East 652.01 feet; (2) North 2"
50' 30" East 411.75 feet; (3) North 82" 04' 52" East
267.15 feet; (4) South 10" 34' 40" East 472.04 feet;
(5) North 88" 32' 59" East 360.75 feet; (6) South 23"
51' 43" East 1,123.11 feet to the northerly side of
North Road (State Route 25); running thence along the
northerly side of North Road South 66" 01' 20" West
252.76 feet to land of Schofield and McIntosh; running
thence along said last mentioned land the following two
courses and distances: (1) North 11" 31' 10" West
210.00 feet; thence (2) North 19" 16' 00" West 344.00
feet to the point or place of BEGINNING. Containing
31.8212 acres.
PARCEL II:
BEGINNING at a point located at the northwesterly
corner of the premises being described herein, which
point is distant the following seven courses and
distances from the point on the northerly side of
North Road (State Route 25) where the southeasterly
corner of land of Jem Realty Corp. joins the south-
westerly corner of land of Brecknock Associates: (1)
North 41° 39' 10" West 1,084.54 feet; (2) North 65°
07' 50" East 367.40 feet; (3) North 32° 28' 10" West
982.87 feet; (4) North 32° 57' 20" West 410.00 feet;
(5) North 44° 12' 35" East 564.01 feet; (6) North 25°
16' 36" East 398.13 feet; (7) North 58" 57' 15" East
471.09 feet; running thence from said point of
beginning along the ordinary high water mark of Long
Island Sound the following two courses and distances:
(1) North 58° 57' 15" East 130.00 feet; thence (2)
North 42" 36' 45" East 169.85 feet to land of
Breck~ock Associates; running thence through said last
mentioned land the following eight courses and
distances: (1) South 39" 32' 27" East 250.54 feet;
(2) South 3° 43' 35" West 234.96 feet; (3) South 35°
57' 18" East 163.60 feet; (4) South 3" 13' 04" West
277.09 feet; (5) South 57° 49' 51" West 255.05 feet;
(6) North 31° 02' 45" West 300.00 feet; (7) North 5°
13' 27" East 382.02 feet; thence (8) North 38° 52' 02"
West 183.71 feet to the point or place of BEGINNING.
Containing 6.1046 acres.
PLEASE RECORD AND RETURN TO:
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
TQ%~N HALL
~IAIN ROAD
SOUTHOLD, NEW YORK 11971
1000
Dist.
~35~
Sec.
Blk.
AMENDED GRANT OF SCENIC EASEMENT
£1500
THIS INDENTURE, made this 13th day of December , 1983,
by and between BRECKNOCK ASSOCIATES, a co-partnership, with
offices c/o Gus Schad, 690 Deer Park Avenue, Dix Hills, New
York, hereinafter called the Grantor, and THE TOWN OF
SOUTHOLD, a municipal corporation having its principal place
of business at 53095 Main Road, Southold, New York,
hereinafter called the Grantee.
WHEREAS, there' exists a Grant of Scenic Easement
agreement covering portions of the Grantor's land, dated
July 15, 1971, and recorded in the Suffolk County Clerk's
Office on December 13, 1971 in Liber .70_~, page 38_~6' and
WHEREAS, the parties desire to modify the aforesaid
Grant of Scenic Easement by cancelling same and placing in
its stead the following Grant of Scenic Easement on other
property of the Grantor, more particularly described in
Schedule A herein; and
WHEREAS, said premises constitute an area of natural
scenic beauty and whose existing openness, natural con-
dition, or present state of use, if retained, would enhance
the present or potential value of abutting and surrounding
properties and would maintain or enhance the conservation of
natural or scenic resourses; and
WHEREAS, the Grantor wishes to grant a scenic easement
to the Grantee affecting the premises described in Schedule
A; and
-1-
%~I~REAS, the Grantee deems it to be in the public
interest to acquire interest or rights in real property for
the preservation of open space and areas to preserve the
beauty and natural conditions of lands in the Town of
$outhold; and
WHEREAS, Section 247 of the General Municipal Law of
the State of New York provides that municipalities,
including Towns, may acquire the fee or any lesser interest,
development right, easement, covenant or other contractual
right necessary to achieve the aforementioned purposes to
land within the Town; and
WHEREAS, the Grantee in furtherance of the above policy
and in accordance with Section 247 of the General Municipal
Law, accepts the scenic easement affecting the premises
described in Schedule A.
NOW, THEREFORE, in consideration of ONE ($1.00) DOLLAR
and other good and valuable consideration to the Grantor,
receipt of which is hereby acknowledged, this agreement wit-
nesseth that:
1. The Grant of Scenic Easement agreement dated July
15, 1971 and recorded in the Suffolk County Clerk's Office
on December 13, 1971 in Liber 7066, page 386, is hereby
terminated and cancelled.
2. The Grantor does hereby donate, grant, transfer and
convey unto the Town of Southold, a scenic easement in
gross, of the nature, character and to the extent
hereinafter set forth, over and upon all those certain
-2-
plots, pieces or parcels of land as set forth and described
in Schedule A annexed hereto and made a part hereof.
3. The nature, character and extent of the easement
hereby granted is as follows:
(a) No buildings or structures shall be erected on
the premises, except fencing, utility structures and out-
buildings which might be required by municipal agencies for
the construction and maintenance of communal utilities,
water or sewage systems, consisting of a treatment plant,
pumping and lift stations and collection system, and other
such appurtenances.
(b) No lumbering operations shall be conducted on
the premises and no trees shall be cut unless dead, diseased
or decayed or for the better landscaping of the area or
improvement of existing growth or as may be reasonably
required in the construction of roads, equestrian trails,
recharge areas or communal utility, water or sewage systems;
(c) The land shall remain essentially in its
natural state, except for landscaping and maintenance such
as mowing of grass, the cleaning and removing of debris from
the pond areas.
(d) No topsoil shall be removed from the premises
nor shall sand, gravel or other minerals be excavated
therefrom for purposes of sale or use off the premises; nor
shall sand, gravel or other minerals be stored upon the
premises;
-3-
(e) The Grantee and its authorized agent 8hall have
the right of inspection of the premises for the purpose of
assuring itself that the Grantor is not in violation of any
of the terms and conditions of this scenic easement, at any
time.
4. The nature, character and extent of limitations on
the within grant of scenic easement are as follows:
(a) The premises shall not be open or available to
the public for general or park use, but shall remain at all
times in the exclusive possession of the Grantor, its suc-
cessors and assigns in interest, and subject to its or their
unqualified right to exclude others therefrom by any and all
lawful means, except as indicated in paragraph 3(e);
(b) Roads with necessary recharge basins for road
drainage may be constructed to provide access to and from
surrounding properties of the Grantor, as well' as the
construction of jogging paths and equestrian trails.
(o) The within grant of scenic easement shall in no
way affect the right of the Grantor to use the premises, for
the uses herein permitted, and to do all such things
thereon, not expressly forbidden herein, as a similarly
situated landowner might do;
(d) All right, interests and privileges of the
Grantor in the premises not herein specifically donated,
granted, transferred and conveyed, remain and reside with
the Grantor, its successors and assigns.
-4-
5. The waiver or acquiescence in any variation from
any part of the restrictions and covenants herein by the
grantee shall be effective'only for the particular instance
involved and shall not be deemed to limit the continuing
force and effect of the restrictions and covenants.
6. If the whole or any part of the premises shall be
condemned or taken by eminent domain, then this easement
shall forthwith cease without need of any further writing
from the date of title vesting in such proceeding. In such
event the Grantor shall not be required to repay to any real
property taxing authority any taxes reduced or abated as a
result of this scenic easement~ nor shall the value of the
premises be limited by this easement~ nor shall any part of
any award belong to the Grantee.
7. The grantee hereby undertakes to cooperate to the
extent legally permissible in having the valuation placed
upon the premises for purposes of real estate taxation taken
into account and limited by the restrictions imposed by this
scenic easement, all in accordance with State of New York
General Municipal Law 924?.
8. This agreement shall be perpetual and shall be a
covenant running with the land and shall be binding upon the
parties hereto, their successors and assigns.
9. This Grant of Scenic Easement is subject to the
adoption of a resolution by the Town Board of the Town of
-5-
SCHEDULE A
~LL those certain plots, pieces and parcels of
land, situate lying and being near Greenport, Town of
Southold, Suffolk County, New York, more particularly
bounded and described as follows:
PARCEL I:
~ BEGINNING at a point located on the southeasterly
portion of the premises being described herein, which
point is the northeasterly corner of land of Schofield
and McIntosh, and is the following two courses and dis-
tances from a monument located on the northerly side of
North Road (State Route 25): (1) North 11°.31' 10" West
210.00 feet; and (2) North 19" 16' 00" West 344.00
feet; running thence from said point'of beginning along
land of Schofield and McIntosh, South 65" 47' 10" West
213.37 feet to a point; thence through land of
Brecknock Associates the following two courses and
distances: (1) South 65" 47' 10" West 330.84 feet; and
(2) South 66" 36' 40" West 765.20 feet to land of Jem
Realty Corp.; running thence along said last mentioned
land the following three courses and distances: (1)
North 41° 39' 10" West 505.36 feet; (2) North 65° 07'
50" East 367.40 feet; (3) North 32" 28' 10" West 290.00
feet; running thence through land of Brecknock
Associates the following six courses and distances:
(1) North 57" 16' 01" East 652.01 feet; (2) North 2"
50' 30" East 411.75 feet; (3) North 82" 04' 52" East
267.15 feet; (4) South 10" 34' 40" East 472.04 feet;
(5) North 88° 32' 59" East 360.75 feet; (6) South 23"
51' 43" East 1,123.11 feet to the northerly side of
North Road (State Route 25); running thence along the
northerly side of North Road South 66° 01' 20" West
252.76 feet to land of Schofield and McIntosh; running
thence along said last mentioned land the following two
courses and distances: (1) North 11" 31' 10" West
210.00 feet; thence (2) North 19" 16' 00" West 344.00
feet to the point or place of BEGINNING. Containing
31.8212 acres.
PARCEL II:
~ BEGINNING at a point located at the northwesterly
corner of the premises being described herein, which
point is distant the following seven courses and
distances from the point on the northerly side of
North Road (State Route 25) where the southeasterly
corner of land of Jem Realty Corp. joins the south-
westerly corner of land of Brecknock Associates: (1)
North 41° 39' 10" West 1,084.54 feet; (2) North 65°
07' 50" East 367.40 feet; (3) North 32° 28' 10" West
982.87 feet; (4) North 32° 57' 20" West 410.00 feet;
(5) North 44" 12' 35" East 564.01 feet; (6) North 25"
16' 36" East 398.13 feet; (7) North 58" 57' 15" East
471.09 feet; running thence from said point of
beginning along the ordinary high water mark of Long
Island Sound the following two courses and distances:
(1) North 58" 57' 15" East 130.00 feet; thence (2)
North 42" 36' 45" East 169.85 feet to land of
Brecknock Associates; running thence through said last
mentioned land the following eight courses and
distances: (1) South 29" 32' 27" East 250.54 feet;
(2) South 3" 43' 35" West 234.96 feet; (3) South 35"
57' 18" East 163.60 feet; (4) South 3" 13' 04" West
277.09 feet; (5) South 57" 49' 51" West 255.05 feet;
(6) North 31" 02' 45" West 300.00 feet; (7) North 5"
13' 27" East 382.02 feet; thence (8) North 38" 52' 02"
West 183.71 feet to the point or place of BEGINNING.
Containing 6.1046 acres.
-L
Southold, subject to a permissive referendum authorizing the
execution of this amended Grant of Scenic Easement
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals as of the day and year first above written.
BRECKNOCK ASSOCIATES
Ey.
GUS ,
STATE OF NEW YO~:
CO~TY OF SUFFOLK:
On the ~ day of ~fcF~4F~, 1983, before me personally
came GUS SCH~, to me known to be the person who executed
the foregoing instrument, and who, being duly sworn by me,
did depose and say that he is a m~ber of the firm of
BRECKN~K ~S~IATES, a co-partnership, and that he executed
the foregoing instrument in the firm name of B~CKN~K
ASS~IATES and that he had authority to sign the s~e, and
he acknowledged to me that he executed the same as the act
and deed of said firm for the uses and purposes therein men-
tioned.
Ne, ~-7~2~0 - Suffolk Count~
STATE OF NEW YORK: ~mmlssluu Expires Ma~h ~, 19__
COUNTY OF SUFFOLK:
On the 23rd day of January , 198~, before me came
~RANCIS 3. MURPHY, ' to me known, who, being by me duly
sworn, did depose and say that he resides at Old Main
Road, ~attituck, ' New York; that he is the Supervisor of the
TO~ OF SOUTHOLb, the municipal corporation described in and
which executed the foregoing instrument; that he knows the
seal of said municipal corporation; that the seal affixed is
such seal; that it was so affixed by order of the Town Board
and that he signed his name thereto by like order.
tary Public ~
1000
Dist.
Sec.
Blk
p/o~250~
Lot
AMENDED
DECLARATION OF COVENANTS AND RESTRICTIONS
DECLARATION made this 13th day of December, 1983, by
BRECKNOCK ASSOCIATES, a co-partnership, with offices c/o Gus
Schad, 690 Deer Park Avenue, Dix Hills, New York, hereinafter
called the Declarant.
WHEREAS, the Declarant along with Leo Wolowitz, has made
application to the Town Board of the Town of Southold, Suffolk
County, New York, for a change of zone for certain portions of
the property from "A" Residential and Agricultural District to
"M" Light Multiple Residence District, to adjoin other "M" Light
Multiple Residence property of the Declarant, all of which is
more particularly described as follows:
ALL that certain plot, piece or parcel of land,
with buildings and improvements thereon erected,
situate, lying and being near Greenport, Town of
Southold, Suffolk County, New York, bounded and
described as follows:
BEGINNING at a point located on the southeasterly
portion of the premises being described herein, which
point is the northeasterly corner of land of Schofield
and McIntosh, and is the following two courses and dis-
tances from a monument located on the northerly side of
North Road (State Route 25): (1) North 11° 31' 10" West
210.00 feet; and (2) North 19° 16' 00" West 344.00
feet; running thence from said point of beginning along
land of Schofield and McIntosh, South 65° 47' 10" West
213.37 feet to a point; thence through land of
Brecknock Associates the following two courses and
distances: (1) South 65° 47' 10" West 330.84 feet; and
(2) South 66° 36' 40" West 765.20 feet to land of Jem
Realty Corp.; running thence along said last mentioned
land the following four courses and distances: (1)
North 41° 39' 10" West 505.36 feet; (2) North 65° 07'
50" East 367.40 feet; (3) North 32° 28' 10" West 982.87
feet; (4) North 32° 57' 20" West 410.00 feet to the
ordinary high water mark of Long Island Sound; thence
along the ordinary high water mark of Long Island Sound
seven courses and distances as follows: (1) North 44°
12' 35" East 564.01 feet; (2) North 25" 16' 36" East
398.13 feet; (3) North 58" 57' 15" East 601.09 feet;
(4) North 42" 36' 45" East 169.85 feet; (5) North 57"
59' 35" East 188.68 feet; (6) North 41" 51' 15" East
322.22 feet; thence (7) North 31" 15' 06" East 483.73
feet to land of F. King; running thence along said last
mentioned land the following 14 courses and distances:
(1) South 30" 10' 40" East 910 feet; (2) South 31" 03'
40" East 300.01 feet; (3) South 28" 19' 30" East 89.61
feet; (4) South 13" 46' 30" East 33.68 feet; (5) South
27" 56' 50" West 65.47 feet; (6) South 0° 19' 40" East
179.94 feet; (7) South 1° 34' 00" East 300.20 feet; (8)
South 3" 40' 00" East 100 feet; (9) South 0° 04' 20"
West 172.71 feet; (10) South 5" 18' 40" East 100.93
feet; (11) South 0" 39' 30" East 100.15 feet; (12)
South 1° 45' 00" East 434.17 feet; (13) South 7" 02'
00" East 40.19 feet; thence (14) South 76° 49' 10" West
155.10 feet; thence along land of F. King and land of
Abadiotakis, South 24" 34' 30" East 805.00 feet to the
northerly side of North Road (State Route 25); running
thence along the northerly side of North Road South 66"
01' 20" West 634.76 feet to land of Schofield and
McIntosh; running thence along said last mentioned land
the following two courses and distances: (1) North 11°
31' 10" West 210.00 feet; thence (2) North 19° 16' 00"
West 344.00 feet to the point or place of BEGINNING.
Containing 132.08 acres.
WHEREAS, there has heretofore been placed on portions of the
above described property a certain Declaration of Protective
Covenants and Restrictions dated July 15, 1971, which was re-
corded in the Suffolk County Clerk's Office on December 13,
1971, in Liber 7066 cp 382; and
WHEREAS, the Declarant in the place of the aforesaid Cove-
nants and Restrictions desires to impose certain other restric-
tions on the use of aforesaid premises as follows:
NOW THEREFORE, it is declared that said premises shall be
subject to the following restrictions which shall run with the
land:
-2-
1. The total new dwelling units to be erected on the above-
described premises shall not exceed three hundred fifty (350).
Not included therein are any existing structures, clubhouses, or
other accessory, storage or maintenance buildings.
2. Along portions of the easterly boundary of the above-
described premises where living units are located, there shall be
a 50 foot in width buffer zone in which no buildings or struc-
tures will be erected.
3. The Declaration of Protective Covenants and Restrictions
dated July 15, 1971, and recorded in the Suffolk County Clerk's
Office on December 13, 1971, in Liber 7066 cp 382 is hereby ter-
minated and cancelled.
4. Enforcement of these restrictions shall be through pro-
ceeding at law or in equity.
5. These restrictions shall run with the land and may be
altered, modified, terminated or annulled by the Declarant, its
successors and assigns, only with the approval of the Southold
Town Planning Board, its successors and assigns.
IN WITNESS WHEREOF, the Declarant has duly executed this
Declaration on the day and year first above written.
BRECKNOCK ASSOCIATES
By: ~
Gus S~ a~d,~r
STATE OF NEW YORK:
COUNTY OF SUFFOLK:
On this 13th day of December, 1983,
-3-
before me personally
came GUS SCHAD, to me known to be the person who executed the
foregoing instrument, and who, being duly sworn by me, did depose
and say that he is a member of the firm of BRECKNOCK ASSOCIATES,
a co-partnership, and that he executed the foregoing instrument
in the firm name of BRECKNOCK ASSOCIATES, and that he had
authority to sign the same, and he acknowledged to me that he
executed the same as the act and deed of said firm for the~uses
and purposes therein mentioned.~ota~y u~b~ ~/"/~ic~
BICHARD F. LARK
~T&RY PUBLIC, State ~ New Yolk
#o. ~-74~250Q - Suffolk bu~ty~
-4-
LEGAL NOTICE
NOTICE IS HEREBY
GIVEN that the following
solutign~ which is subject to a
perralsslve referendum, was
adopted by the Scuthok[ Town
Board at a Regular Meeting
held on Tuesday, December
20, 1983, at the Southold Town
Hall, Main Read, Southold,
New York:
RESOLVED that the Town
Board of the Town of Southold
hereby approves the modifica-
tion of the Grant of Scenic
Easement by Gus Schad to the
Town of Scuthold, dated July
15, 1971 and recorded in the
Suffolk County Clerk's Office
on December 13, 1971 in Liher
706, page 3~6, which is to be
terminated and canceled by
the folloWing Amended Grant
of Scenic Easement between
Breckneek Associates and the
Town of Scuthold, subject,
however, to a permissive ref-
erendum authorizing the exe-
cution of this Amended Grant
of Scenic Easement by the
Town of Scuthold.
This Amended Grant of
Scenic Easement between
Brecknock Associates and the
Town of Scuthold is on all
those certain plots, pieces and
parcels of land, situate, lying
and being near Greenport,
Town of Southold, Suffolk
County, New York, and more
particularly bounded and des-
crihed as follows:
PARCEL I. BEGINNING at
a point located on the south-
easterly portion of the pre-
mises being described herein,
which point is the northeaster-
ly corner of land of Sehofield
and Mclniozh, and is the
following two courses and dis-
tances from a monument lo-
cated on Die northerly side of
North Road (State Route 25):
(1) North 11° 31' 10" West
210.60 feet; and (2) North 19°
16' 00" West 344.00 feet; run-
ning thence from said point of
beginning along land of Scho-
field and McIntosh, South 65°
47' 10" West 213.37 feet to a
point; thence through land of
Brecknock Associates the fol-
lowing two courses and dis-
lances: il) South 65' 47' I0"
West 330,84 feet; and (2)
South 00° 36' 40" West 765.20
feet to land of Jem Realty
Corp.; running thence along
saidlast mentioned land the
following three courses and
distances: (1) North 41° 39'
10" West 505.35 feet; (2) North
65° 07' 50" East 367.40 feet; (3)
North 32' 28' 10" West 290.00
feet; running thence through
land of Breckneek Asseeiates
the following six courses and
distances: (1) North 57° 16'
01" East 652.01 feet; (2) North
2° 50' 3O" East 411.75 feet; (3)
North 82° 04' 52" East 267.15
feet; (4) South 10° 34' 40" East
472.04 feet; (5) North 00° 32'
59" East 360.75 feet; (6) South
23° 51' 43" East 1,123.11 feet to
the northerly side of North
Road (State Route 25); run-
ning thence along the norther-
ly side of North Road
South 66° 01' 20" West
Road South 66° 01' 20" West
252.76 feet to land of Schofield
and McIntosh: running thence
along said last mentioned land
the following two courses and
distances: (1) North 11° 31'
t0" West 210.00 feet; thence
(2) North 19° 16' 00" West
344.00 feet to the point or place
of BEGINNING. Containing
31.8212 acres.
PARCEL Il. BEGINNING
at a point located at the
northwesterly corner of the
premises being described
herein, which point is distant
the following seven courses
and distances from the point
on the northerly side of North
Road (State Route 25) where
the southeasterly corner of
land of Jem Realty Corp, joins
the southwesterly corner of
land of Breckneek Associates:
(1) North 41° 39' 10" West
1,004.~4 feet; (2) North 65° 07'
50" East 367.40 feet; (3) North
32° 28' 10" West 982.a7 feet; (4)
North 32° 57' 20" West 410.60
feet; (5) North 44° 12' 35" East
564.01 feet; (6) North 25~ 16'
36" East 398.13 feet; (7) North
58° 57' 15 East 471.09 feet;
running thence from said
point of beginning along the
ordinary high water mark of
Long Island Sound the follow-
lng two courses and distances:
(1) North 5~° 57' 15" East
130.00 feet; thence (2) North
42° 36' 45" East 169,85 feet to
land of Brecknock Associates;
running thence through said
isst mentioned land the follow-
lng eight courses and dis-
lances: (1) South 29° 32' 27"
East 200.54 feet; (2) South 3°
43' 35" West 234.96 feet; (3)
South 35° 57' 16" East 163.oo
feet; (4) South 3° 13' 04" West
277.09 feet; (5) South 57° 49'
51" West 255.05 feet; (6)
North 31° 02' 45" West 300.00
feet; (7) North 5° 13' 27" East
382.02 feet; thence (6) North
38° 52' 02" West 183,71 feet to
the point or place of BEGIN-
N/NG. Containing 6.1046 ac-
res.
The Amended Grant of Sce-
nic Easement containing the
terms and conditions thereof,
and the land affected, thereby,
is on file in the Southold T6wn
Clerk's Office, Southold Town
Hall, Main Road, Southold,
New York, and may be exa-
mined by any person interest-
ed therein.
DATED: December 20, 1~13.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
ITD22-4450
LEGAL NOTICE
NOTICE IS HEREBY GIV-
EN that the following resolu-
tion. which is subject to a
pevraissive referendum, was
adopted by the Southold Town
Board at a Regular Meeting
held on Tuesday. December
20. 1983. at the Southold Town
Hall. Main Road. Southold.
New York:
RESOLVED that the Town
Board of thc Town of Southotd
hereby approves the modifica-
tion of the Grant of Scenic
Easement by Gus Schad to the
Towt~ of Southold, dated July
15, 1971 and recorded in thc
Suffolk County Clerk's Office
on December 13. 1971 in Liber
706. page 386. which is to be
termiv~ted and cancelled by
the following Amended Grant
of Scenic Easement between
Brecknock Associates and the
Town of Southold. subject.
however, to a permissive
referendum authorizing the
execution of this Amended
Grant o~' Scenic Easement by
the Town of Southold.
This ~,m, ended Grant of
Scenic ~Eascmcut between
Brecknock Associates and the
Tow0,. of Southold .i~ on all
th~&rtain 1316t~~, ~feces and
oar~els of land, sltuate, lying
and being near Greenport,
Town of Southold, Suffolk
County, New York. and more
particularly bounded and de-
scribed as follows:
PARCEL I. BEGINNING at
a point located on the south-
easterly portion of the pre-
mises being described herein,
which point is the northeaster-
ly corner of land of Schofield
and Mclntosh, and is the
· following two courses and
distances from a monument
located on the northerly side of
North Road (State Route
tl) North 11° 31' 10" West
210.00 feet; and (2) North 19°
16' 00" West 344.00 feet;
running thence from said point
of beginning along land of
Schofield and Mclntosh,'South
65° 47' 10" West 213.37 feet
to a point; thence through land
of Breeknock Associates the
following two courses and
distances: 11) South 65° 47'
10" West 380.84 feet; and
Sooth 66° 36' 40" West 765.20
feet to land of Jem Realty
Corp.; running thence along
said last mentioned land the
following three courses and
distances: (1} North 41° 39'
10" West 505.36 feet; (2)
North 65° 07' 50" East 367.40
feet; (3) North 32° 28' 10"
West 290.00 feet; running
thence through land of Breck-
hock Associates the following
six courses and distances: (ll
North 57° 16' 01" East 652.01
feet; (2) North 2° 50' 30" East
411.75 feet; (3) North 82° 04'
52" East 267.15 feet; (4) South
10° 34' 40" East 472.04 feet;
(5) North 88° 32' 59" East
360.75 feet; (6) South 23° 51'
4Y' East 1,123.11 feet to the
northerly side of North Road
(State Route 25); running
thence along the northerly side
of North Road South 66° 01'
20" West 252.76 feet to land of
Schofield and Mclntosh; run-
ning thence along said last
mentioned land the following
two courses and distances: (1)
North 11° 31' 10" West 210.00
feet; thence (2) North 19° 16'
00" West 344.00 feet to the
point or place of BEGINNING.
Containing 31.8212 acres.
PARCEL II. BEGINNING at
a point located at the north-
westerly corner of the pre-
mises being described herein,
which point is distant the
following seven courses and
COUNTY OF SUFFOLK
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHJVb~N,
a public newspaper printed at Southold, in, Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ........................ ../. ............. weeks
successively, commencing on the ........... .?...~..~..~ ...........
Sworn to before me this .......... ,,~..~. ............... day of
......... ............. ,
Jem Realty Corp. joins the
southwesterly corr~r~f land of
Br~,ekneek Associates:' (1)
North 410 39' 10' 'West 1,
084.54 feet; (2) Nofll~ 650 07'
50" Eest 367.40 feet; (3)
North 320 28' 10'"'Wes~ ~82.87
fee~'; (4~ Nbr~' :32° S?' 20"
~'cst 410.00 feet; ($)'.North
44° 12' 35- bet 564.01 feet;
(6) Noflh ~°-16' 36". East
398.{3 feet; (7) North 58° S7'
15' East 471.09 feet; ru~ning
thenco from hid lMiflt of
beginuin~ along the ordinary
high w&tor mark of Long
]slond Sound the following two
courses and . di~encos: (1)
North 58° $7' 15" East 130.00
feet; theflee (2) North 42° 36'
45" E~st 169.85 fe~t to land of
Bre~noek'Asseeiates; Funnies
"thenco-d~mugh ~id last men-
tioned land the following eight
courses and distances:
South 29° 32' 27" East 250.54
fee~'; (:2) South 3° 43' 35" West
234.96 feet: (3) South 35° $7'
18" Eest 16.3.60 feet; (4) South
3° 137 04" West 277.09 feet:
~) South $~-q~ .$1" West
255.0~ feet; (6) North 31° 02'
45" We~t 300.00 feet; (7)
North $o 13' 27" East 382.02
feet; thenco (8) Noflh 38° 52'
02" West 183.71 feet .to the
point or phee o~ BEGINNING.
Conta. ining 6.1046 acres.
The Athended Grant of
Scenic Ea~emem eomaining
the terms and conditions
thereof, and the land affected
thereby, is on file in the
Southold .Town Clerk's Office,
Southold Town Hall, Main
Road, Southold, New York,
and may be examined by any
person interested therein.
DATED: December 20, 1983.
J~JDITH T. TERRY
SOUTHOLD TOWN CLERK
IT-12/22/83(44)
STATE OF NEW YORK:
SS:
COL~NTY OF SUFFOLK:
JUDITH T. TERRY, Town Clerk of the Town of Southold,
New York, being duly sworn, says that she is over the age of
twenty-one years; thaf on the 20th day of December 198~
she affixed a notice of which the annexed printed notice is a
true copy, in a proper and substantial manner, in a most public
place in the Town of Southold, Suffolk County, New Vork, to wit:-
Town Clerk Bulletin Board, Town Clerk Office, Main Road,
Southold, New York 11971
Legal Notice:
Resolution of the Southold Town Board, subject to a permissive referendum,
adopted on December 20, 1983, approving the modification of the Grant of
Scenic Easement by Gus Schad, which is terminated and cancelled by an
Amended Grant of Scenic Easement between Brecknock Associates and the
Town of Southold.
Judith T. Terry
Southold Town Clerk
Sworn to be before me this
20th day of Dec~mh,~ 1.983
~ Notary Public
~./~ETH ~ NEVIllE
NOTARY ~UC. ~ ~ ~w Y~
~ ~1~, ~k ~/
Y~ ~pi~ ~arch ~ 19 ~ ~
LEGAL NOTICE
NOTICE IS HEREBY GIVEN that the following resolution, which is subject
to a permissive referendum, was adopted by the Southold Town Board at a
Regular Meeting held on Tuesday, December 20, 1983, at the Southold Town
Hall, Main Road, Southold, New York:
RESOLVED that the Town Board of the Town of Southold hereby approves
the modification of the Grant of Scenic Easement by Gus Schad to the Town of
Southold, dated July 15, 1971 and recorded in the Suffolk County Clerk's
Office on December 13, 1971 in Liber 706, page 386, which is to be terminated
and cancelled by the following Amended Grant of Scenic Easement between
Brecknock Associates and the Town of Southold, subject, however, to a
permissive referendum authorizing the execution of this Amended Grant of
Scenic Easement by the Town of Southold.
This Amended Grant of Scenic Easement between Brecknock Associates
and the Town of Southold is on all those certain plots, pieces and parcels of
land, situate, lying and being near Greenport, Town of Southold, Suffolk
County, New York, and more particularly bounded and described as follows:
PARCEL I. BEGINNING at a point located on the southeasterly portion of
the premises being described herein, which point is the northeasterly corr'-er
of land of Schofield and Mclntosh, and is the following two courses and dis-
tances from a monument located on the northerly side of North Road (State
Route 25): (1) North 11° 31' 10" West 210,00 feet; and (2) North 19° 16'
00" West 344.00 feet; running thence from said point of beginning along land
of Schofield and Mclntosh, South 65° 47' 10" West 213,37 feet to a point;
thence through land of Brecknock Associates the following two courses and
distances: (1) South 65° 47' 10" West 330.84 feet; and (2) South 66° 36' 40"
West 765.20 feet to land of Jem Realty Corp,; running thence along said last
mentioned land the following three courses and distances: (1) North 41° 39'
10" West 505.36 feet; (2) North 65° 07' 50" East 367,40 feet; (3) North 32° 28'
10" West 290.00 feet; running thence through land of Brecknock Associates the
following six courses and distances: (1) North 57° 16' 01" East 652.01 feet;
(2) North 2° 50' 30" East 411.75 feet; (3) North 82° 04' 52" East 267.15 feet;
(4) South 10° 34' 40" East 472.04 feet; (5) North 88° 32' 59" East 360.75 feet;
(6) South 23° 51' 43" East 1,123,11 feet to the northerly side of North Road
Page 2 -
Grant of Scenic Easement
Brecknock Associates
(State Route 25); running thence along the northerly side of North Road South
66° 01' 20" West 252.76 feet to land of $chofield and Mclntosh; running thence
along said last mentioned land the following two courses and distances: (1)
North 11° 31' 10" West 210.00 feet; thence (2) North 19° 16' 00" West 344.00
feet to the point or place of BEGINNING. Containing 31.8212 acres.
PARCEL II. BEGINNING at a point located at the northwesterly corner
of the premises being ~lescribed herein° which point is distant the following
seven courses and distances from the point on the northerly side of North
Road (State Route 25) where the southeasterly corner of land of Jem Realty
Corp. joins the southwesterly corner of land of .Brecknock Associates: (1)
North 41° 39' 10" West 1,084.54 feet; (2) North 65° 07' 50" East 367.40 feet;
(3) North 32° 28' 10" West 982.87 feet; (4) North 32° 57' 20" West 410.00
feet; (5) North 44° 12' 35" East 564.01 feet; (6) North 25° 16' 36" Fast
398.13 feet; (7) North 58° 57' 15" East 471.09 feet; running thence from said
point of beginning along the ordinary high water mark of Long Island Sound
the following two courses and distances: (1) North 58° 57' 15" East 130.00
feet; thence (2) North 42° 36' 45" East 169.85 feet to land of Brecknock
Associates; running thence through said last mentioned land the following
eight courses and distances: (1) South 29° 32' 27" East 250.54 feet; (2) South
3° 43' 35" West 234.96 feet; (3) South 35° 57' 18" East 163.60 feet; (4) South
3° 13' 04" West 277.09 feet; (5) South 57° 49' 51" West 255.05 feet; (6) North
31° 02' 45" West 300.00 feet; (7) North 5° 13' 27" East 382.02 feet; thence
(8) North 38° 52' 02" West 183.71 feet to the point or place of BEGINNING,
Containing 6. 1046 acres.
The Amended Grant of Scenic Easement containing the terms and
conditions thereof, and the land affected thereby, is on file in the Southold
Town Clerk's Office, Southold Town Hall, Main Road, Southold, New York,
and may be examined by any person interested therein.
DATED: December 20, 1983.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
Page 3 -
Grant of Scenic Easement
Brecknock Associates
PLEASE PUBLISH ONCE, DECEMBER 22, 1983, AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK,
TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971.
Copies to the following:
The Suffolk Times
The Long Island Traveler-Watchman
Town Clerk's Bulletin Board
Town Board Members
Richard F. Lark, Esq.
PUBLIC HEARING
SOUTHOLD TOWN BOARD
December 20, 1983
7:30 P.M.
IN THE MATTER OF THE MODIFICATION OF GRANT OF SCENIC EASEMENT
BY GUS SCHAD TO THE TOWN OF SOUTHOLD, WHICH IS TO BE TERMINATED
AND CANCELLED BY THE PROPOSED AMENDED GRANT OF SCENIC EASEMENT
BETWEEN BRECKNOCK ASSOCIATES AND THE TOWN OF SOUTHOLD.
Present:
Supervisor William R. Pell, III
Councilman John J. Nickles
Councilman Lawrence Murdock, Jr.
Councilman Francis J. Murphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR PELL: I'd like to call the hearing to order. This is a hearing
for the Scenic Easement between Brecknock Associates and the Town of
Southold. Brecknock Associates will be represented by Richard Lark. The
legal notice will be read by Councilman Townsend.
COUNCILMAN TOWNSEND: "Notice is hereby given that a public hearing will
be held by the Town Board of the Town of Southold, Suffolk County, New York,
at the Southold Town Hall, Main Road, Southold, New York, on the 20th day of
December, 1983, at 7:30 P.M., in the matter of the modification of the Grant of
Scenic Easement by Gus Schad to the Town of Southold, dated July 15, 1971
and recorded in the Suffolk County Clerk's Office on December 13, 1971 in
Liber 7066, page 386, which is to be terminated and cancelled by the proposed
Amended Grant of Scenic Easement between Brecknock Associates and the Town
of Southold on all those certain plots, pieces and parcels of land, situate, lying
and meting near Greenport, Town of Southold, Suffolk County, New York, more
particularly bounded and described as follows: PARCEL I. Beginning at a point
located on the southeasterly portion of the premises being described herein, which
point is the northeasterly corner of land of Schofield and Mclntosh, and is the
following two courses and distances from a monument located on the northerly
side of North Road (State Route 25): (1) North 11° 31' 10" West 210.00 feet;
and (2) North 19° 16' 00" West 344.00 feet; running thence from said point of
beginning along land of Schofield and Mclntosh, South 65° 47' 10" West 213.37
feet to a point; thence through land of Brecknock Associates the following two
courses and distances: (1) South 65° 47' 10" West 330.84 feet; and (2) South
66° 36' 40" West 765.20 feet to land of Jem Realty Corp.; running thence along
said last mentioned land the following three courses and distances: (1) North
41° 39' 10" West 505.36 feet; (2) North 65° 07' 50" East 367.40 feet; (3) North
32° 28' 10" West 290.00 feet; running thence through land of Brecknock Associates
Page 2 - Public Hea~g
Brecknock Associates - Scenic Easement
following six courses and distances: (1) North 57° 16' 01" East 652.01 feet;
(2) North 2° 50' 30" East 411.75 feet; (3) North 82° 04' 52" East 267.15 feet;
(4) South 10° 34' 40" East 472.04 feet; (5) North 88° 32' 59" East 360.75 feet;
(6) South 23° 51' 43" East 1,123.11 feet to the northerly side of North Road
(State Route 25); running thence along the northerly side of North Road South
66° 01' 20" West 252.76 feet to land of Schofield and Mclntosh; running thence
along said last mentioned land the following two courses and distances: (1)
North 11° 31' 10" West 210.00 feet; thence (2) North 19° 16' 00" West 344.00
feet to the point or place of beginning. Containing 31.8212 acres.
PARCEL II. Beginning at a point located at the northwesterly corner of the
premises being described herein, which point is distant the following seven
courses and distances from the point on the northerly side of North Road
(State Route 25) where the southeasterly corner of land of Jem Realty Corp.
joins the southwesterly corner of land of Brecknock Associates: (1) North
41° 39' 10" West 1,084.54 feet; (2) North 65° 07' 50" East 367.40 feet; (3)
North 32° 28' 10" West 982.87 feet; (4) North 32° 57' 20" West 410.00 feet;
(5) North 44° 12' 35" East 564.01 feet; (6) North 25° 16' 36" East 398.13 feet;
(7) North 58° 57' 15" East 471.09 feet; running thence from said point of
beginning along the ordinary high water mark of Long Island Sound the follow-
ing two courses and distances: (1) North 58° 57' 15" East 130.00 feet; thence
(2) North 42° 36' 45" East 169.85 feet to land of Brecknock Associates; running
thence through said last mentioned land the following eight courses and distances:
(1) South 29° 32' 27" East 250.54 feet; (2) South 3° 43' 35" West 234.96 feet;
(3) South 35° 57' 18" East 163.60 feet; (4) South 3° 13' 04" West 277.09 feet;
(5) South 57° 49' 51" West 255.05 feet; (6) North 31° 02' 45" WEst 300.00 feet;
(7) North 5° 13' 27" Est 382.02 feet; thence (8) North 38° 52' 02" West 183.71
feet to the point or place of beginning. Containing 6. 1046 acres.
The proposed Amended Grant of Scenic Easement containing the terms and
conditions thereof, and the land affected thereby, is on file in the Southold
Town Clerk's Office, Town Hall, Main Road, Southold, New York, and may be
examined by any person interested therein. Dated: November 29, 1983, Judith
T. Terry, Southold Town Clerk."
We have certificate of publication in the Suffolk Times signed by Judith
Chien, and Long Island Traveler-Watchman signed by Patricia Wood, and notice
that the notice was placed on the Town Clerk's Bulletin Board by Judith Terry,
Town Clerk.
SUPERVISOR PELL: Thank you. You've heard the reading of the legal notice.
Mr. Lark.
RICHARD F. LARK, Attorney for Brecknock Associates: As read by Council-
man Townsend, there is currently on the property which has been referred to
as the Brecknock Hall property in Greenport, a Scenic Easement on portions of
the multiple zoned properties today, and this hearing is called really for a
two-fold purpose. One, there is an existing Scenic Easement on the property
which you have before you pictured with the green hatch marks there, comprising
19.27 acres, and it is proposed to extinguish this Scenic Easement and replace
it with one containing 37.92 acres, which I'll talk about in a moment. In order
to do this the Town Board has to hear it and then decide as a policy matter,
whether or not they want to extinguish this one and replace it with another one.
The easement which you have depicted on the board here, the 19.2 acres, was
adopted by the Town back on the 15th day of July, 1971, and has been on the
Page 3- Public Hearing
Brecknock Associates - Scenic Easement
property since that time. We've heard a lot of talk in the media and things
of development rights. The County, as you know, has a program and the
Town is about maybe to embark on a program and Southampton has a program,
where they acquire open areas and take the development rights. This in
essence is another way of doing the same thing under Section 247 of the
General Municipal law. The main purpose as enacted by the New York State
Legislature was to enable a Township, such as Southold, to be able to have
open space for reasons of scenic beauty and keep it in its present state or
use, basically, and one of the ways to do it is by an owner granting to the
Town what they call a Scenic Easement. That's what it's referred to as. And
that's what's presently on the property right now. This Scenic Easement here.
What's being proposed, we had a hearing on a related matter for a change of
zone for rezoning portions of the property to multiple back on November 9th,
and part of that planned unit development, if you would, of the property,
called for changing of the Scenic Easement around, and it's proposed that
the Scenic Easement, this one that you see before you in green, be extinguished
and replacing it with one that contains 37.9 acres, which I'll put up on the
board. This what the main thrust of the hearing is tonight, to put on the
property a Scenic Easement containing two parcels which was noticed in the
paper for the meeting. One contains 31.8, and the one containing 6.1, which
you see here. The Grant of the proposed Grant of Scenic Easement is virtually
identical to the one which you currently have on the property which you saw
with the hatch marks in green, and just by way of review, to acquaint everybody
with what is involved, if the Town approves this and accepts this, and it becomes
a recorded document, just like the one that was done on the 15th of July, 1971,
the landowner is limited severely of what he, she or it can do with that property,
which you see hatch marked in red. Basically, as I said, the Scenic Easements,
if you were to compare the one that the Town currently has with the one being
proposed, are identical in what can be done and what cannot be done. Basically
for review, no buildings or structures can be erected in that area. Structures
is defined as a lot of things, so there are certain exceptions like fencing and
utility structures. The main utility structure that would ever go in there
possibly would be a sewage treatment plant if one was required, or pumping
stations or things of that nature, but that's the only type of buildings, fences
and things of that nature. As you know, many of you have viewed the property,
and I'll show you another one that depicts the flora and fauna on it, there can
be no lumbering operation, and all trees are to remain as is, except if they are
dead or diseased, or they need to be thinned for forestration purposes. Road-
ways would be allowed, access roadways would be allowed, as well as trails,
equestrian trails, recharge areas and things necessary for a water and sewage
system. Eventually they're to remain in its natural state, except for landscap-
ing and of course you have to maintain, mow the grass and remove debris from
the pond areas which I'll show in a moment. No top soil or any excavations
can be done in the area, and basically what's intended here is it becomes
open and to remain in the existing state that it is with no building or anything
on it. Now, you've see now what is proposed. Now how it all ties in is that--
and it is true that the applicant also has before you--which the Board has not
voted on--a rezoning plan, rezoning portions of the property, reorientation if
you would, to put the "M" zone along the Sound. Now, those areas that you
saw hatch marked in red you can follow are superimposed right here where
I'm running my finger around, and it was designed with the Planning Board
to provide, in essence what it is, open space and greenbelts and as you could
see, there is a proposed pond--skating pond--which is an existing Iow area
now, which is going to be developed for scenic and vista purposes, so that
Page 4- Public Hear~l~
Brecknock Associates - Scenic Easement
bigger piece, the 31 acres is in here and the other which the Planning Board
insisted there not be any encroachment upon, is that 6 acre piece running from
the Sound up like that with my finger, as you can see it, which you saw over
here, and the purpose of that is the Planning Board figuring that was a place
of natural beauty, wanted to keep that in its natural state, other than cleaning
debris out and things of that nature, but did not want any building, anything
of that nature, so what they did is the Planning Board wanted to get rid of
the existing Scenic Easement and trade it for the one over here where I'm
putting my hand, the 31 acre piece, and the one up here to protect the existing
pond up there of the 6 acre piece. So that in essence, unless the Board has
any questions, is what it's all about. And it does require, under the General
Muncipal Law, it requires a public hearing for the Board to accept the Scenic
Easement which I just talked about, which you see, as it would relate overall
to the property and also the value of one of these is that the Scenic Easement
that you would trade off for, the one I showed you with the green hatch marks,
would also take a Board resolution, and that resolution would also be subject to
a permissive referendum because you're really transferring an interest in property
and in order to do that under our Town Law that is the legal mechanism that you
would have to utilize. So there is nothing more that I can say. The Easements
are virtually identical and the restrictions of what can and cannot be done. It's
a method of the Town acquiring, if you would, the development rights, or keeping
it forever open in those particular areas, and those areas were designed, primarily
not by me or the owner, but by the Planning Board and the owner's land use
planner, which you met at your prior hearing, Mr. Robert Manniello, and that's
how the green belts were segretated and layed out, and if you have any questions--
otherwise I'd just be belaboring it saying the same thing over and over again.
No need for that. So if the Board has any questions on it I'd be glad to answer
them if I could.
COUNCILMAN MURPHY: Tennis courts and all allowed on this?
MR. LARK : No, no, there's not going to be any recreation areas. That the
Planning Board insisted on, because otherwise you would be taking areas that
should be--they wanted to create an openness by limiting the other development
to the amount of units that they required and any amenities, such as tennis
courts, pools, if you would, things of that nature, are not allowed on it. The
only thing that they would allow on it would be things like bridle paths, those
necessary roads to go from one side to the other, as you can see, but they
kept this Scenic Easement--the Planning Board kept it virtually with no roads
except for an emergency access road. Because they thought that that would
be opposite of the purpose of trying to keep it open, but they realized that
there is scenic vistas with this existing pond that they had there, so they
wanted that included. This one that you see here is proposed to be developed,
that's proposed. These are existing, the two that they incorporated. They
were working with what is known, what is there on the property, and no, you
cannot put tennis courts or anything of that nature there. They want to keep
it pretty much the way it is. That was their intent.
COUNCILMAN TOWNSEND: On the old Scenic Easement I noticed that roads
were allowed to service the buildings, for access to the buildings.
MR. LARK: Yes, and there was a reason for that, because it split the property
right in half.
Page 5- Public Hea~
Brecknock Associates - Scenic £asement
COUNCILMAN TOWNSEND: You've eliminated that from the new one?
MR. LARK: Yes, because the way the Planning Board has approved this
site plan, if you would, subject of course to change of zones and the Scenic
Easement and all the things that were here, and you can see that the access
road, the primary road, the road that would be built, if you would, the black-
top road, looking at this, is not in this area at all, they kept it out of there.
Because they didn't want that. They felt to have the transversal back and
forth it would tend to disspoil, if you would, I think that's what Mr. Raynor
felt was it, so he worked out with the planner to work out the access road
without it, and you'll see the same thing applies up here, because in one
of the early plans with the old zoning, was to have a road crossing over here.
And he virtually said nix to that, we just don't want it, we want to try to
keep it the way it is and the only way to insure the way it is is to keep that
type of thing out of there. Now, it is true in order to go through with this
project, to answer your question right on, they would have to have either
sewage facilities from the Village of Greenport, to be able to use their plant,
or build a tertiary treatment plant. The Department of Health has decided
that, and it is contemplated, due to the topograph, the Iow spots in the land
and everything, that a tertiary treatment plant could be developed in this
section, just like it was in the old one, and obviously you'd need an access
road to get to there. You know, to and from it, stuff like that.
SIJPERVISOR PE/L: Any other Board member before we turn it open to the
public? (No response.) If not, this is a hearing. The Town Board sits
here to hear input from the public on the proposed Scenic Easement. At
this time we will turn it over to the public. We wish the Board to receive
their input. Anybody wish to address the Board?
MRS. RUTH OLIVA, President, North Fork Environmental Council: At this
time the NFEC cannot approve or disapprove of the Scenic Easement, even
though we're in I~avor of open land, certainly, until really two basic issues
are solved. Number one, we really feel the density is too high. Number
two, we don't feel that any decision should be made on this project until the
Town Board sits down with the Village Board and Jim Monsell and works out
the water and sewer supply plan. We believe that these matters have to come
under discussion, such as where is the water going to come from, how is it
going to be brought here, how much is it going to cost, and who is going to
pay for it. We feel that this is a really tremendous responsibility for this
Board not just leaving it in say Jim Monsell's lap in the long run, because
some time in the near I~uture I can forsee a rather tragic scenerio, and that
is in the middle of a hot summer, reaching over peak capacity of water, as
Greenport almost did last year, a very serious fire, no water pressure, and
a loss of life, then Gentlemen, who's responsibility is it going to be? Thank
yOU.
SUPERVISOR PEI_L: Thank you. Anybody else wish to address the Town
Board? Mrs. Shirley Bachrach.
MRS. SHIRLEY BACHRACH, Southold: I really do not see the need to
establish a Scenic Easement where that pond is on the water, because it
is already unbuildable and I'm still smarting over just getting my own tax
bill and it seems to me that there is a 50% tax abatement on Scenic Easements.
Page 6- Public Hea~lll~
Brecknock Associates - Scenic Easement
Now that would constitute quite a considerable abatement on a piece of water-
front, 130 feet of that on the water, which would be a considerable tax loss
to the Town. I have a few other questions. One is I read the Environmental
Impact Statement of the developer and it says that this development will not
induce an influx of a particular age group with special needs. Now, Mr. Lark
said that there would be no tennis courts or any amenities for the people who
lived there. I wonder who would be attracted to a development of that kind
if there are no amenities such as a tennis court or playground or anything that
would attract middle income groups who might want to have their children
living in that area. Also I think there ought to be more study done on the
energy impact. The statement said there would be only a small to moderate
impact on the use of energy. I think that there needs to ge a good deal more
study done on what will actually be the cost of energy and cost to the Town
in supplying the needed electrical and other utilities that will result in this
size development. I guess that's all I have for the moment. Thank you.
SUPERVISOR PELL: Thank you. Mr. Prank Bear.
MR. FRANK BEAR, Southold: Could I ask a question before I make my state-
ment? I'd like to know where the sewage treatment plant would go and how much
space that would take and how it is possible to place a sewage treatment plant
in there without taking out some of the trees and doing some of the damage that
Mr. Lark said would not be done?
SUPERVISOR PELL: Anybody care to answer that? I cannot.
MR. LARK: All you have to do is look at the map. A lot of the existing--I
don't have an aerial with me right here, but a lot of this down in this area
here is open. There is no trees at the present time, and it would be picked
at a geographic, Frank, a geographic Iow point, which I believe is somewheres
in this area here, if my memory is not mistaken. So it would be in that area.
And to answer your question as to size, the actual plant itself probably wouldn't
take more than a half acre, the actual plant, by the time you fenced it and every-
thing else, I suppose you would devote an actual acre to it, you know with fencing
and access road to it and so on and so forth, but it would be at a geographical
Iow point, which is probably--a topographical Iow point, which is probably about
in that area right there, if one was located. At the present time though, you
should be aware that it is contemplated because the Village of Greenport has
expressed an interest because it will make their plant more efficient and with
holding tank techique they will be able to keep their plant on a 24 hour operation.
They would like to have the sewage--they would like to service this with sewage,
because it will keep their plant on a more efficient operation due to holding tanks
and pumping stations. That way they process it 24 hours a day, as opposed to
just 18 hours or whatever they do now.
MR. BEAR: Thank you. Gentlemen, this is a statement I wanted to read if I
may. The question of a Scenic Easement for the proposed Brecknock Hall
development for 1000 or more additional Southold Town residents has the potential
for far-reaching consequences. The basic question, of course, is water, not just
for the developer's dream for Brecknock Hall, but for much of the Town of
Southold. Specifically, one important question is: What will happen if areas
Page 7- Public Hearing
Brecknock Associates - Scenic Easement
already available for development along the Greenport water system's lines
are short-changed because Brecknock Hall's extreme density beats them to the
Greenport system's limited supply? Let's look at some figures. According to
the Town Assessor's records in July 1982, there were 2,237 undeveloped lots
in existing major subdivisions in the entire Town--enough to add about 6000
residents to our present population. In addition, there were then 1,486 parcels
of less than two acres each, a large percentage of which could be developed
for housing. And, there were 2,690 acres in 337 more vacant parcels ranging
in size from two acre to 65 acres, all of which are zoned residential. The
total potential population for all this could bring Southold close to the maximum
population projected in 1969 by the planning consultants, Raymond and May.
Of course, not all this acreage would be drawing water from the Greenport
Water System. The problem is, we do not know how much of that potential
housing space would be eligible for the Greenport system's water. We should
know the answer to that question before Brecknock is guaranteed a single
gallon. In order to get that answer will take a little time. I'm sure that you
Water Advisory Committee will be glad to search the records in order to get
that answer for you. Let us consider another and closely related factor.
Almost certain if the Greenport system has to provide water for another 1000
or more residents in the Brecknock project, plus a related commercial develop-
ment the Greenport system will be looking for more water. In fact, that is
already the case. For example, a proposal to take water from Great Pond at
the Peconic Dunes campsite has been under consideration for more than ten
years. The idea was dormant for a while, but it is now under active considera-
tion by the Suffolk County Department of Health Services and the County Depart-
ment of Parks, Recreation and Conservation, which has jurisdiction over Peconic
Dunes as a county park. This is a matter of concern for the Town of Southold.
Should we take water from western Southold in order to add a population of half
the total of Greenport Village's 2400 to an area already water poor? And how
might such action affect the activities at the campsite? Of course, whether you
say yes or no to the Scenic Easement proposal before you tonight, you still have
to act on the basic housing proposal toa dd that 1000-plus to the Town's
population. Hopefully you will not approve anything until you know the answers
to the water questions I've raised here tonight. Please do not rush to a decision
now, or a week from now, just to get it over with before the new Town Board
takes over. Thank you.
SUPERVISOR PELL: Thank you, Mr. Bear. Anybody else wish to address this
topic before we close the hearing? Mrs. Jean Tiedke.
MRS. JEAN TIEDKE, Southold:
I turn it in tomorrow typed?
I'd like some--I didn't type mine up and could
SUPERVISOR PELL: The hearing will be closed tonight. She will take it down
verbatim.
MRS. TIEDKE: I'd like some clarification in the first place. According to the
information I have, a Scenic Easement in the Town of Southold is not open to
the public, is that correct?
SUPERVISOR PELL: Counsel?
Page 8- Public Hea~l~
Brecknock Associates - Scenic Easement
TOWN ATTORNEY TASKER: It's private property.
MRS. TIEDKE: All right, that means it's not open to the public.
TOWN ATTORNEY TASKER: Correct.
MRS. TIEDKE: Okay. Second, this agreement may be cancelled at any time?
TOWN ATTORNEY TASKER: No.
MRS. TIEDKE: It is in perpetuity?
TOWN ATTORNEY TASKER: It's in perpetuity, yes.
MRS. TIEDKE: I have a document from the Cooperative Extension which lists
the facts which pertain to the East Hampton Scenic Easements and Southold Town
Scenic Easements and it indicates---
TOWN ATTORNEY TASKER: I don't think that our Scenic Easements are bound
by the rules of Southampton or East Hampton.
MRS. TIEDKE: No, this says---
TOWN ATTORNEY TASKER: The easement on its face runs in perpetuity.
MRS. TIEDKE: In this document it says, the agreement, and this is referring
to Southold Town, may be cancelled by the grantors upon sixty days written
notice to the grantee and upon payment of the grantee of a sum equal to three
times the difference between the amount of real estate taxes paid or assessed,
and the amount of real estate taxes that would be assessed, etc.
TOWN ATTORNEY TASKER: Can I make a little explanation. Every single
Scenic Easement is a separate and distinct document. It is a document which
is agreed to between the private property owner who is imposing the restriction
and the Town of Southold. They are not identical. You're talking about the
agricultural limitations and the Scenic Easements which have heretofore been
granted by the Town of Southold. Some of them, yes, do have a termination.
The one that is under consideration tonight does not have. It goes in perpetuity.
There are--most of the previous Scenic Agreements do have an option of the
landowner to terminate and the penalty is he pays, I think, twice the amount
of what the taxes would be for the year of termination. This agreement has
nothing of that nature in it. It runs in perpetuity.
MRS. TIEDKE: Okay, I hope that proves to be the case if it is granted.
TOWN ATTORNEY TASKER: The agreement is here, it's filed with the Town
Board if you wish to look at it.
MRS. TIEDKE: It's an interesting document, I think granting of Scenic Ease-
ments is a great idea in terms of the development of the Town of Southold.
I'm not speak for the League of Women Voters, The League has no position
Page 9- Public Hear1~R~j
Brecknock ASsociates - Scenic Easement
on this at the moment, but we would recommend that your decision on this
particular easement not be granted until you have some agreements from the
developers. For instance, the bluff setback. It was indicated at the previous
hearing that some of the property is setback more than 100 feet, or 100 feet
from the bluff, but some is not. We would certainly recommend that it all be
setback at least 100 feet from the peak of the bluff. And this last week of
storms that we had indicates that this would indeed be a very smart idea, in
my opinion. We suggest that the density be reduced by perhaps 50%, as an
agreement between the developer and the Town Board if an easement is granted.
The circumstances under which this original proposal came, which was what
twelve years ago or so? Were different from what they are today. We didn't
know nearly as much about what the carrying capacity of the Town was then,
as we do now, and maybe they wouldn't make quite as much money, but chances
are they would make enough to make it a worthwhile development, even if the
density were reduced again by 50%. What it is? 350 now--units?
SUPERVISOR PELL: In the proposal.
MRS. TIEDKE: In the proposal, right. The charges for extending the Greenport
water and sewage systems should be set in terms of the expenses which will be
estimated over the life of the period of development of that place. We all know,
and as Shirley mentioned, taxes have gone up again this year. Everything is
going up. And if any fees are charged to the developer for the extension of
water and sewer pipes it should be inclusive of increased expenses over the
development--this being done, if I make myself clear, I'm not sure I do. I
think that Jimmy Monsell is inclined to be more optimistic, perhaps, than a lot
of us who live in the Town are, both in terms of what water he can supply and
how much it is going to cost to the utility in Greenport. The other thing that
I think that perhaps the developers have not considered is that a number of
these people who presumably would be buying this type of property, are going
to want to have boats. Now, our marina facilities in the Town of Southold are
already crowded. There is no way that the developers could put a marina up
there unless they broke through the Sound beach barrier up there into that
little bit of water and dredged it out, and I wouldn't be too surprised if some-
body hadn't already thought of that possibility. However, the developers do
say that all they're going to do is allow platforms for the storage of small
sailboats on the beach. I think it should be made very clear that under no
circumstances could that Iow land, which they plan to put into their six acres
of easement, be opened into the Sound and allowed to become a marina for
that development.
SUPERVISOR PELL: Thank you.
TOWN ATTORNEY TASKER: Mrs. Tiedke, paragraph 8 of the proposed agree-
ment provides as follows: "This agreement shall be perpetual and shall be a
covenant running with the land and shall be binding upon the parties hereto,
their successors and assigns.
SUPERVISOR PELL: Thank you, Counsel. Gentleman in the back of the
room, yes, sir?
Page 10- Public g
Brecknock Associates - Scenic Easement
MR. MARTIN CRUISE, Mattituck: It was mentioned that the area would be---
could be used for sewage disposal or a sewer plant and other services that
might be required. I wonder if it was, what would be done with the effluent
from the disposal system there, and who would bear the cost of the disposal,
would that be the developer or the people that are doing the purchasing, or
the whole Town, and facts and questions like these I don't think have been
fully investigated for this particular development or any other development
that would happen on the North Fork here.
MR. LARK: As to the cost of any sewage treatment plant, if one were ever
installed, the landowners on the Brecknock Hall property would bear the
entire cost, and the effluent, the sludge,as they call it, is carted off on a
periodic basis to designated areas designated by the Suffolk County Health
Department, and contrary to some of the common theme that this hasn't been
thought of, the Planning Board has studied this particular proposal for almost
a two year period of time and has been involved with the developer of the
property, the current Chairman, for over about five or six years, so the
alternatives and studies on it have been quite exhaustive, but all costs and
anything related to it, whether it be water, sewage or the amenities, are all
borne by the landowners that live in the development. Now somebody asked
a question there would be no amenities. The answer to the question, there
would be no amenities such as tennis courts and pools in the Scenic I~asement
area. There are amenities on other areas of the property and the other
comment that I address myself to, one of the Planning Board's--although it
wasn't ever stated because of the enormity and practicality of dredging and
making the pond area here connected to Long Island Sound, was that that
right to the Sound is right there in the heart of that six acre Scenic Easement,
and as you can see, which the legal description which the Town Clerk has,
that area goes right to the Sound and encompasses it, and unless the Town
Board wanted to connected the two, it cannot be done. That was one of the
purposes, I suppose, although it was never discussed directly with the Planning
Board, but they run it from the water right back, which encompasses the whole
thing. And in essence you've got to keep in mind the Scenic Easement, the
Town really is--although it's private property and the Town doesn't own it,
the Town controls, to a great deal more than zoning would ever impose, what
can be done and not done there, because the easement itself is very limited
at what can be done and as it says, it's designed primarily to guarantee the
Town open spaces and the Planning Board, after considerable amount of study,
decided that these areas are the areas that they wanted to keep in open space.
That's all I have at this moment.
SUPERVISOR P£LL: Thank you. Any other comment before we close this?
We go to Mr. Martin Trent.
MR. MARTIN TRENT, Orient: I think the length of my statement is going
to depend on if you can answer one question for me, Mr. Pell. Has an
environmental impact statement been required by the Town Board for this
project ?
TOWN CLERK TERRY: We have the Long Form Environmental Assessment on
file, yes.
Page 11 - Public Hea~g
Brecknock Associates - Scenic Easement
MR. TRENT: You have the long form on file?
TOWN CLERK TERRY: Yes.
MR. TRENT: In that case I would just like to begin by saying that this
modification of the Scenic Easement is granted would be tantamount to approval
of the change of zone request for the subdivision application. I think everybody
realizes that. It's difficult to believe that the Town Board would approve of the
condominium project as proposed when they now know from the Nortl~ Fork
Water Supply Plan that there is not enough fresh water at the site to support
a development of this size. As the amount of fresl~ water available in Southold
is limited and water would have to be piped in from other areas of the Town to
serve this development, the water resources from other Southold Town residents
would be diminished by the amount required to support this new population. I
think if the article in last Sunday's New York Times is accurate, five of the Town
Board members have stated that they would deny this application if it came before
them today for the first time. One Councilman was quoted as having said, "We
have to live with mistakes of the past." I say we have to try to correct the
errors of the past and approval of this condominium proposal is a mistake you
have the power to prevent. Thank you.
SUPERVISOR PEI-L: Thank you. Yes, sir? Mr. Oliva.
MR. GENE OLIVA, Orient: I have to say just sitting here and listening to all
this I wondered how come with sometl~ing of such a great import that is affecting
at least 2400 people in Greenport and the rest of the citizens of Southold, we have
a meeting here with about 28 people, including the developers and his lawyers and
the press? It tells me in effect that this meeting, and he iust mentioned--Lark
just mentioned the fact that we've been working on this for two years, on this
particular thing with the Planning Board, well what is the rush? Why don't we
just take a little bit more time to think about it. Do we have to tie everything
up before the end of this year? It seems to me that there was not enough notice
given for this meeting of this import--it should have had much more time and let
the citizens of Southold come to it, instead of falling at this time of year when
most people are jammed up with many other things. We're talking about something
in the future of the Town, as Martin Trent just said, with the water, the biggest
thing going. It seems to me that it's been all wrong. We should have another
meeting and all the people of Southold should have a chance to come here in
January. Thank you.
SUPERVISOR PELL: Thank you. Anybody else wish to have input? Todd Berks.
MRS. DOROTHY BI~RK$, Orient: What we knew twelve years ago is a lot less than
we know now. I would recommend that the Town Board go very slowly, that the
Town Board ask Mr. Schad to reconsider the number that he's requesting, and
that we go very very carefully, not that we sew up something for the sake of
tideness for tl~e end of the year. Let it go on until we really know what we're
giving this Town, because I think that this development, more than any other
development tl~at we have on the boards can be the critical factor in moving this
Town from one quality to another.
SUPERVISOR PELL:
the Board? (No response.) If not,
Thank you very much.
Thank you, Mrs. Berks. Anybody else wish to address
I'm going to declare the hearing closed.
Statement by Franklin Bear before Southold Town Board at public hearing
Brecknock Hall scenic easements, December 20, 1955.
on
Gentlemen:
The question of a scenic easement for the proposed Brec~nock Hall
development for 1000 or m~e additional Southold Town re&ide~ts has the
p®tential for far-reaching consequeuces. The basic question is water, not
Just for a developer's dream for Brecknock Hall, but for much of the Town
of Southold.
Specifically, one important question is: What will happen if areas
already available for development along the Greenport water system's lines
are short-changed because Brecknock Hall's extreme density beats them to
the Greenport system's limited supply?
Let'~ look at some figures. According to the town assessor's records
in July 1952, the~e were 2,23? undeveloped lets in existing major subdivisions
in the entire town -- enough to add about 6000 residents to our present
population. In addition, there were then 1,h$6 parcels of less than two acres
each, a large percentage of which could be developed for housing. Andj there
were ?,690 acres in 337 more vacant parcels ranging in size from two acres
to 65 acres, all of which are zoned residential, The total potential population
for all this could bring Southold close to the maximum population projected
in 1969 by the planning consultants, Raymond and
Of course, not all this acreage would be drawing water from the Greenport
water system. The problem is, we do not know how much of that potential
housing space would be eligible for the Greanport system's water. We should
know the answer to that question before Brecknock is guaranteed a single gallon.
In order to get that answer will take a little time. I am sure your Water
Advisory Committee will be glad to search the records in order to get the
answer for you.
2 statement by Frankl~Bear 12/20/B3
Let us consider another and closely related factor. Almost certainly,
if the Greenport system ~s to provide water for another 1000 or more
residents in the Brecknoc~ project, plus a related commercial development,
the Greenport system will be looking for more water. In fact, that is already
the case. For example, a proposal to take water from Great Pond at the
Peconic Dunes campsite has been under consideration for more than ten years.
The idea was dormant for a while, but it is now under active consideration
by the Suffolk County Department of Health Services and the county Department
'of Parks, Recreation and Conservation, which has jurisdiction over Peconic
Dunes as a county park. This is a matter of concern for the Tewn of Southold.
Should we take water from western Southold in order to add a population
half the total of Greenport village's 2,hO0 to an area already water poor?
And how might such action affect the activities at the campsite?
Of course, whether you say yes or ns to the scenic easement proposal
before you tonight, you still have to act on the basic housing proposal
to add that lO00-plus to the town's population. Hopefully, you wilA mot
approve anything until you know the answers to the w~ater questions I have
raised here t~night. Please do not rush to a decision now or a week from
tsday Just to get it over with before the new Town Bsard takes over.
Thank you.
~3
0
0
0
~3
0
r- rn r~
TRANSFER
AM P~S~ REQUIR~I
7086 388
'i971~
GR32~T OF SCEPTIC EASE~TT
THIS INDeNtURE, made as of this ay of July
by and between GUS SCHA~, residing at 5 Arista Drive, Pix
Hills, New York, hereinafter called the grantor, and
SOUTHOZD, a ?[unicipal Corporation having its principal place of
business at q6 South Street, Greenport, ITew York, hereinafter
called the grantee.
W~EREAS, the grantor is the owner of a parcel of land
near Greenport, Town of Southold, County of Suffolk and State of
New York, described by.metes and bounds in Schedule A annexed
hereto and made a part hereof; and
~ti~PdEAS, said premises constitute an area of natural
scenic beauty and whose existing openness, natural condition, or
present state of use, if retained, would enhance the present or
potential ~alue of abutting and surrounding properties and would
maintain Or enhance the conservation of natural or scenic re-
sources; and
W~i~REAS, the grantor wishes
to the grantee affecting the premises
to grant a scenic easement
described in Schedule A; and
~HEREAS~ the grantee deems it to be in the public
interest to acquire interest or rights in real property for the
preservation of. open space and~reas to preserve the beauty and
natural conditions 'of lands in the To~m of Southold; and
WHEREAS, Section 2~7 of the General Municipal Law of
the State of New York provides that municipalities, including
Towns, may ~cquire the fee or any lesser interest, development
right, easement, covenant or other contractual right necessary
to achieve.the aforementioned p~rposes to land within the To~n;
and.
W~EREAS, the grantee, in furtherance of the above
policy and in accordance with Section 2~7 of the General Municipal
Law accepts the scenic easement affecting the premises described
SCHEDULE A
387
York, bounded and
BEGINNING at
the division line
described and the
ALL that certain piece or parcel of land situate, lying and being
near Greenport, Town of Southold, County of Suffolk, State of New
described as follows:
a point on the northerly side of North Road on
between the southwesterly corner of land herein
southeasterly corner of land of Schofield and
McIntosh which point is distant 634.76 feet westerly from the
division line between lands of Gus Schad and lands now or formerly
of R~pley; running thence a'long land of Schofield and McIntosh
two (2) courses and distances as follows: (1) North 11° 31' 10"
West 210.00 feet to a point; thence (2) North 19° 16' 00" West
344.00 feet to a point; thence
following ten (10) courses and
10° 30' 50" West, 269.45 feet;
feet; (3) North 85° 51' 50" West,
10" East, 380.00~ feet; (5) South
(6) South 4° 08' 10" West, 59.64±
278.65i feet; (8) South 24° 34' 30" East, 1304.59 feet;
11° 41' 20" West, 771.04 feet; thence (10) South 22° 21'
488.29 feet to the northerly side of North Road; thence
01' 20" West aloJg' the northerly side of North Road
to the point or place of BEGINMING.
along other land of Gus Schad the
distances as follows: (1) North
(2) North 24° 34' 30" West, 1310~
280.00± feet; (4) North 4° 08'
~9° 02' 00" East, 280.43~feet;
feet; (7) North 65° 25' 30" East
(9) South
30" East
South 66°
109.76 feet
Said parcel containing 19.271± acres
in Schedule A.
NOW~ THEREFORE, in consideration of O~E ($I~00) DOLLAR
and other good and valuable considerations to the grantor,
receipt of which is hereby acknowledged, this agreement wi6nesseth
that:
I.
convey unto
the nature,
The grantor does hereby donate, grao. b, transfer and
the Town of Southold, a scenic easement in gross, of
character and to the e×tent hereinafter set forth,
over and upon all that certain plot, piece or parcel of land as
set forth s_nd described in Schedule A a~mexed hereto and made a
part hereof.
2. The nature, character and e~.tent of the easement
hereby granted is as follows:
(a) No building or structure of any description
shall be erected on the premises: except ones required by the
Suffolk County Department of Health and/or the Suffolk County
Sewer Agency for the construction and maintenance of a communal
sewerage system, consisting of a treatment plant and collection
system;
(b) Nolumbering operations shall be conducted on
the premises and no trees shall be cut unless dead, diseased or
decayed or for the better landscaping of the area or improvement
of existing growth or as may be reasonable required in the con-
struction of roads, recharge areas or a communal sewerage system;
(c) I';o topsoil shall be removed from the premises
nor shall sand, gravel or other minerals be excavated therefrom
for purposes of sale or use off the premises; nor shall sand~
gravel or other materials be stored upon the premises;
(d) The grantee and its authorized agent shall have
the right of inspection of the premises for the purpose of
assuring itself that the g~antor is not in violation of any of
the terms and conditions of this scenic easement, at any time.
~. ~he nature
character and extent o£ limitations on
the within grant
(a)
the public for general or park use,
in the exclusive possession of the
assigns and successors in interest,
of easement are as follows:
The premises shall ~'ot be open or available to
but shall remain at all times
grantor, his heirs, executors,
and subject to his or their
unqualified right to
exclude others therefrom by any and all law-
ful means, except as indicated in paragraph 2(d);
(b) Roadways with necessary recharge basins for
highway drainage may be constructed to provide access to and from
surrounding properties of the gramtor and communal sewerage system
and may be dedicated to municipal authorities;
(c) ~he within grant of easement shall in no way
affect the right of the grantor to use the premises, for the uses
herein permitted, and to do all such things thereon, not e~ressly
forbidden herein, as a similarly situated landowner might do;
(d) Ail right, interests and privileges of the
grantor in the premises not herein specifically donated, granted,
transferred and conveyed,
successors and assigns.
4. The waiver
part of the restrictions
remain and reside with the grantor, his
or acquiescence in any variation from any
and covenants herein by the grantee shall
be effective only for the particular instance involved and shall
not be deemed to limit the
restrictions and covenants.
5. If the whole
continuing force and effect of the
or arq part of the premises shall be
condemned or taken by eminent domain, then this easement shall
forthwith cease without need of any further writing from the date
of title vesting in such proceeding. In such event the grantor
shall not be required to repay to any real property taxing
authority ar~~ taxes reduced or abated as a result of this scenic
easement; nor shall the value of the premises be limited by this
easement; nor shall m~y part of any award belong to the grantee.
6. The grantee hereby undertakes to cooperate to the
extent legally permissible in ha~ng the valuation placed upon
fithe prem±ses for purposes of real estate taxation which shall take
into account and be limited by The restrictions i~posed by this
scenic easement, all in accordance with State of New York General
Municipal Law Section 247.
7. This agreement shall be perpetual and shall be a
covenant running with the land and shall be binding upon the
parties hereto, their successors and assigns.
IN WITNESS WHEP~EOP, the parties have hereunto set their
hands
.... · ,. , .;:~!':~..~.'? "~' '2' ~'
. '"; "~" '"'"~ ':.i' '" .v 2' '. ::.'.
... ~, ..~ i · .. '.'5. ~.}, - . ' .
· ::1: ~"-.. ' ~, ~', ':" '~'
and seals as of the day and year first above written.
Gus Schad/
Grantor
TO~ OP SOU%%tOLD.
STATE OP NEW YORK;
SS.
COUNTY OP SUFPOB~:
On the /f~'iay of July,
1971,
before me personally came
GUS SCHAD, who resides at 5 Arista Drive, Dix Hills, New York,
to me kn~own to be the individual described in and ~o executed
the foregoing instrument, and acknuowledg.~/o me that he
T RICHARD F. LARR .. / .-.' /
"0 ARY PUBLIC. State ~f N,w yo~/~/ ~' '~/ /2///~_ ~ ~/--~
co~,~s;e. E~;~es ~c~ ~o. ~.~ ~'~0' '~ ~ary ~li~'
STATE 0P I'~ YOP~:
CO~TY OF S~FOLX~
On the Yth day of December,1971~ before me came ALBE~T
N.~. ~IAR~OCCHIA, to me ~own~ who~ bein~ bI me duly sworn~ did
depose ~nd say that he resides at 450 Seventh Street, Greenpor4
New York ; that he is ~he Supervisor of the T0~ 0F
SOUTHOLD; the m~icipal ce~oPation describe~ in and which exe-
cuted the foregoing instrument; that he ~ows the seal of ssi~
m~icipal corporation; that the seal affixed is such seal; that
was so sffixe~ by or~eP of She To~*~ Boar~ and that he signed his
~.c~: t::,'..~ -'~ HATE Of *
TIL'%NSFL~{D~, ~ ~"~r"NEW YORE, *
'706§
0
0
DECLARATION OF PROTECTIVE COVATTANTS AND
by
DECLARATION made this
SC~AD, residi~g at 5 ArisTa
after called the Declarant.
Drive, Dix ~!ill.~', ~:, v. ':'~,'l.k~
by GUS
It,. I',.ih-
WHEREAS, the Declarant is the owner in fee simple of Lhe
following de scribed premises:
PARCEL A -- Landscape Buffer. ~o~_e_I:
~LL that certain p~ot'~ piece or parcel of land~ "
lying ~d being near Greenport, Town of o .. ~ ,
of Suffolk ~d State of New York~ bounded and descriLw.d
as follows: BEGI~ING at a point which is t;~c south-
wes~erl~ corner of the p~emises to be descr.L:;,~fi,
sai~ point is dls~t ~he following courses and dir:-
No~th Road at thc southwesterly corner o]' !nn~t ~u)w o~.
Wes~ 80~.00 feet to a mon~ent; thence ~2> Nor'th
~9' ~0" Eas~ ~?.8~ feet to sai~ poin5 of
r~ing thence from sai~ poin~ of BEOINNiEG the follow-
inE five {~ courses ~d dist~ces along o~her land
~2' 00" Eas~ ~2.0~ feet; {~ North ~0° ~0' z~C" We,lL
~ ~0 fect; thence {~) No,th ~flo fl[-, riO" Easl
fee% to land of Kin~; ~hence alonC land o~'~King Ibc
South ~0° ~0' ~0" East 9flO.O0 feet; ~2) Sough ~flo 03'
~0" Ease ~O0.0fl feet; (~3 Scu~h 28° ~9' ~C," East
feet~ (~) Sou$h ~o ~6' ~0" East ~.O~ fee:; {~..0 South
2?° ~6' ~0" West 6~.4~ feet; ~6~ South 0° ~9' 40"
79-9 feet' (?~ Scuth ~o ~, 00" East ~00.20
(8) South ~ ~0' 00" Eas~ ~00.00 feet; ~9} ~%onth 0°
(q2) South flo ~, 00" East ~34-~7 feet; (~;.;) South
02' 00" East ~.~9 feet; thence (~4) South 70°. 4°',
West ~07.28 feet to the point or place of
PARCEL B -~ Landscape Buffer Zone II:
m~LL that certain plot, piec'e or parcel of land, nitunte,
lying and being near Creenport, Tc. wn of o ·
of Suffolk ~d State of New York, boundud azid desc:ribcJ
as follows: BEGi~,IN~ st a monmment set
side of Lo_th Road at the sou~h~e~erl~ corner of land
now or forme_ y o~ H. Dwight Rzp~e~, which ~a~c moh~n,~nt
is the southeasserly corner of the premises ho~,ci~ des-
cribed; running from said point of ~T .....
7066 Ac, 383
northerly side of North Road South (6° Oq'
525.00 feet to other land of the Declaranl;
thence along other land of the Declarant two I,,
courses and distances as follows: (~) ~!or',h
30" West d50.06 feet to a point; thence
0~' 20" East 5~9.20 feet to land now or i'o:'mcr~'' o£'
H. Dwight Ripley; running along said land now or
formerly of ti. Dwight Ripley, South 2~°
~50.Oq feet to the point or place of
PARCEL C -- Landscape Buffer Zone IIl:
ALL that certain plot, piece or parcel of land, siLuate,
lying and being near Oreenport: ~own el' Sou~:,ol,~,
of Suffolk and State of New York, bounded and dtscri~ed
as follows: BEGINNING at a monument set on Yhe northerly
side of North Road at the southwesterly corner of la~d
of Schofield and McIntosh; which said mon~u~ent is thc
southeasterly corner of the premises hereln described;
running from said point of BEGINNING alon~ tha
side of North Road the following two (2) cou~.ses and
distances to land of Time Structures, Inc.: ('1) South
65° 23' 50" West 285.z~9 feet; thence (2) Sou't!, ~:,6
40" West 589.52 feet to land of Time Structures, Iz~c.;
rur~ming thence along land of Time Structures,Inc., North
~o 39' qO" West ~57.96 feet to a point; ~'uiminC
along other lands of the Declarant the foliowJng two (2)
courses and distances: (q) North 66° 36' ~"-0"
637.a3 feet; thence (2) North 65° 23' [~0" Ea:.,
feet to a point on the westerly boundary -,';no oJ' l~z,d o.['
Schofield and McIntosh; running thence alanG ]amd of
Schofield and McIntosh, South q9° ~6' 00" ~]a~L
feet to the point or place of BEGI~,7~ZNG.
WHEREAS, the Declarant desires Va impose covenant,~ and
restrictions on the use of said premises as follows:
I~OW, THEP~EFORE, it is declared that said prem.~
subject to the following covenants and res%ric~]on~
run with the land:
· 4. No building or
erected on the premises.
the premises may remain.
structure of any description shall bc
Ail structures pz~eaenvlye,-~ ~''~n~" on
2. The premises shall not be used or ma]nl:ained a~ s d~mping
ground for rubbish.
3- No topsoii shall be removed i'rom the premises no~_' ~:hall
sand, gravel or other minerals be extracted therefrom.
#. No lumbering operations shall be conducted on thc pr6mi~s
and no trees shall be cut unless dead, diseased or decayed,
for the better landscaping of the premises.
5. No fowl~ poultry~ animais or livestock shall bt, kepL on
the premises.
6. The Declarant reserves the
roads~ drainage areas and easements
highway and drsinage purposes.
right to ded.icate all
to the Town o.l' Sou,,hold Yor
7- Enforcement of these co,~r.oc,t~ shall
law or in equity. Invalidatiou of a~E,- provtsJo,.. !.~ ~.~.iu :.1.:.,:., :,ave
no effect upon s_ny o~her provision herein.
8. These covenants and restrictions shall ru.r. w~ t,h ''...
and shall remain in force and effect until
may not be altered~ modified: terminated or
Declarant, his successors and assicn-", until
IN WITNESS ~IEREOF, the D¢~claran~ !~',:~
Declaration 'the day ai~d year first above
.....
/'~ j,~.,' /.....~.- ~._.--.~ ./
STATE OF NEW YOrd(:
· SS
COUNTY OF' SUFFOLK:
On the /~day of . July ~371, befo'~e :!:~ pe:'.~c,~:'lly
.. came GUS SCHAD, who resides az 5 Arista Dz.iv¢., li.l.x l!ill:', Ih~.w
York, to me known to be the ~nd~..ual de~cr-_~,,:d '~', an(~ who
executed the foregoing instr~ent,
he e~ecu~e~ the sr~. ..~ ~ / );~ ,.',.' .
,, I~ 0 ~i~,' ~Uo.iC ' ,./
ZON P_..
l