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1000-79.-5-20.2
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I ,1, _��,l,���i � I t �-....... __ �-_ . ( I I I i I , I I I � � I i 11"'.1, I I I . -- I I I I 1, j, 11,�,.',,1�i�i I I - i ) ?I R,a�,�,IN �� l J I! ",' i� C, � I � � I � I I �,RGUNT,WATFR f 1'��10�11��l��11� � I '�"L Ay E'�' : I I I - I(100 I ; �� _.__1____ —1-1- -----I-- -1--f-_ ___ - ________ __ 5 G.R M, 1, Suff. Co. Tax ivlap� 1 ,2 : I - " - _ - - 11 _______�_ I - " 79 5 2() , I I 11 Q i I � I � -, � , - �__�, � _ , - _ �,�, It � I _ ____ -"-,- - , � � - ... - � 11 ,i ; I � f I I ROAD I I PUMP- - I �)!�,iocl 4,AH"n t��,.,,�li� i 1-l', t � i -,�, , SUBMERSIBLE I , ', � � : �i k,,,:, I � 1�I- I - - - - I �, I I ,� I � � . I : V ,�t"""A"�l-, : �11 11 1'_`111 11'D � j�.........I-,---_; . 71 I -.1-1-1:_ �, _ _ . I _ l I � � t ,�- _=�:� -11- 1 4 1 - "I" " . 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CI�AR�,E � i C L A If r-if i I I I 11 -, - I I I "�)"!�� ,i � `5 A.1�0 ,��N I I I �1! , � I F lqi��, - , Z�R, : � C I I SAN�; I I I �,N �" I I � 11 I i I I I I � I , . � 14 , : g � I I � I (','�j/-" ,_ MAY 2,4,' 19'�4 � ,� I , 11'.i", I , , �, �' , ;"I � , ,, , , -11 , I. I I I I l � "'' 7 1 1 1 1 �Ih I I I"I I I I'll - -11,-.1 I� 1, - " .-- �--� �,C :-------___j illl, I I I I 1 I I I I � ,� 1� , "� _-4 �� ,,'�,- , . I I � I �I � I I I I I � I � � ,� , h; I ,-1,il 11 , !-,- ,��,, I I : I I I I I I ,,, �,., I APR. 28,19`� ,,,� I I V I � I I � I � I I 11 I � I I �9A �: I , :: , i I I I I I '� �K` I � 'eO�, , 1j A N 28,1994 , ,� , , I I I I � I l H111 9 - I "�, i: e�,,,��:�� ;� I I I I I I I V I .1 I DAT E JUN 2 8,1 99-1 ` " , I I � I I I I I I I , I 11 . I r�, � , I it "',",-�, I �, �.' I �,I�t I 'I li 3 I I I I I I I I I I �1 I 11 � I I 1� , , I 11 . . I . . I 11,� I- I . I 10 I "!so �l:J�, ', i.".�I I I . � I I It , � I I I � I I . I I . I i I'll..."k, IT . 50 ,, -, , � � . I ] I I I ��� I ,' ! I 11 11 I � I . I I I I I , � 47 I%e!61!6i��� I I.'', I I I I I I I I ,,, I ��,, -,J,,,, I I I � -) - I I I ,� " - � I I � I I I I I I � �` I - -) ;� "I - , I ,.1 1 I � I I I I I .1----- - ,_�,_�,,__4 ;� ,,,.,I,�, "I I � I I I � �, ,_ - - I -,, -.111 I - - 1 1,;�4 1 : I I I I , � � I 1[_-,- � , �_, 11,_� I - ��� �11 SCALE � "11=,,,. I !,, �,,l:�� , , __ I t ig7 I _ F I I, A I _,'711 ll�---11 , ' ' I I - I I I I I - � llt� I l-- __ - "I' " I .00 , - l, . 11 I I I I I i I I I I I I 11 I . I I I I � I t , 1 7� " 11.� � 1; ,��il , , � � I i I I I I I I I I I I,,--7� ��, " I J11?6 IM I(' :91- 906 0 " I I , I J, , I I ,, �- I "" , . I . � " I - " " " I , d AND' - I . : I I ,Il AN` -,- I - - :,�, � � -, - - ,_ 11 - � 11 I I I I I I I I I I .- ,_ 11 11;_��, I , I : ,� l 1_1_k, ,i���,;: � I I ,I �' I I I I � I I � I I I I I , � I i2� �� , t� � � 1� 'l ,, � * � I ��, ,_.,� "�l � � t__11..... I I I I I : I - I � I I I � I I I � i ,,,�,�,o I- . I,,, ,,.,- ___ � � ____ --.I--- ________.�� I I , ,� i 1. I � . " - ni�l - -�� -��- -,- ____ 11 ___ - ___,___1_1_______,___'_ ;___ __-.____________ _____________,_____ L,.-�--,------,--�----�,.,----,�-,.�-----�l----"�-11�-�""�,,��', .-,-�--L-�,,�--.�-1.1.1-1�-.1�-. 1.1___1.1: 3 � - � 44A;i�4;�,_,�,�,�-�����,�,,��:"":,��,.�,��,�,��,,;t,-�-,,;�,��,��� — . 0i;�.6�____ ---�______________ __-,.----] �1.-, I I I I I � I I ,� I ;;�� gai�_,_,. I iig� --__---- — � _� _1r, � --- I I I I I I � I . : I I �, I I . I I � I I , I . , " ; I I I I � I � I . I i I I I I � I I ; I � � I I � I I I I I - � I I I I I I I I I I I , I I 1 50!75 1 1 1 1 1 1 1 �� � I � , I - --i�1. .-_� � 11 11 I I I _ - 11 I I I I � I I 1. -1-1-1, __ _111-1-1-1-".."', ______ __ "" 11-1 111.1-. ......- _.......---- ,�........_.__ ____:.___1_----------�----�.-.,�-,--.-,.,-,-,---�-�"-..__._--____------------------__-_-......_-__--_______-_---:______._._.__._____,_______......-------.___-�---"----��--..--,�-----,-----�---____�_.____________.,__------______.___________-__,.________�__------i-,-,-,----,--,-----,-,---,--,-,-,--__-----,--,-- "---- __ - __,- -____-_�-______-----�...�- -''�___�,-,.--,-,.--.,.�---..'�---.,-�,� .......__---------------__----__-�------��__-,-,,,, __-__--____- - --I-I--I 1.--I-I--I--I 1.��I--1---I-______�----,I-I------- 1.1-1-1-1-1-1..11-_- 1''..--111----1 � - -1- -�. I -I - I'll � 11 I I I I 11 . i I 1 _ 1 ,)ni Y i Yz ,r, tIIDnn'tg 3 o I :,. IL , � JU Fit 1� _ --- i� .... C.d II lorry rn r of Iix , �. C 1 Lire i r =r svu� n 4 ] nr nrue p) h L ,.Je / w L - ar c V I C EnS niTrinX now or `�\ { w�txx formerly Robert Herman Q E 4°" f R•, q PX ESERVE n ��, �\ I HERLISF LERIIFY THAT ALI LOTS SHOWN ON THIS P[AL COMPLY I � .. WITH THE REQUIREMENTS OF THL UIIILDPIC '01lE ORDINATICS CF THE II ' S;Ba + 9 TOWN OF SOUTHOLD " 1 - 61,00 33 "W D .A� NFHFUY GER III i IHAI ➢alx MAP WAS MALh NI d TIJ L SLNeEY' N° III COMP ETLU JUNE 1993 AND III .1 /LI fXNJr' FiE MOJIJMENIS �•, p SHOWN THUS rW ARIA-Lf L ' T A^D TNEIR L OS111'RI ACI CORPFCpY '1 SHOWI I AND H vdONA L DIME I 41,!D 01 CDE TIC D11A I S ARE CORRECT" II '0 22 � ALL, ST WELLTE , y \_ a - 8 714J ao ry, 1 --� Ri h 2o2sz s H � N v S. uc.i1o. aysy ' Q ¢ 3, q9 iec 94`44 S.f. oIVR 1e _ -I}- ' senw - • '+� 5N a z0 30.Op' N W. \o3�T� ��-' b, \'f�\ 5 b'N. LPG _ • ; ' ; 117- I II I h--'-- Po'T yJ — IS I E,\S HLEN APPNOVEL xclhE xo I,„ m l s1a'oabls' Sz R.ZZo.od' v \e • 5o y �. �' TI)a T— BY :III AJ.AH 0+G BOARD of soLJTIAfn�i;lnN PI ,;I. - NxaExvElaPE' a,e 4 S-0`T3' H' `45� -pc295�rrV pA,50M1 cin J fC "�^ Sgg 3991'K. °w _�f7l� Nr 'P N al5 03 10 L_ - 3 " N 17OooI, ..4..6�Ev-. pP rvEWPY -1 6j _ __ , 4' �75 "Nlq -JOB 1 ,r;n-p5. 9tAdE'BLEno AO oo p W � 'm , 49 Lr IISu.� �ina4\i;�,�—/ y� }I LOCATION MAP DAI Or +.I'PRU`/AL CHAIRMAN 1 tl3 M N- f� 00 rDOt' gp� to j+ SCALE: I °= O rV W q' 'O ,a & 11°200.010 .. S E, m :°. _ rl�iry Q m r I _ aro9 A000 / _y° m = m — s SE°2X'o2'E 597 Xz' A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN FILED 7. .0 01,7 _ - °" ei r s 2 s9s"as'n 'E, 38 T.az' IN THE SUFFOLK COUNTY CLERKS OFFICE IN LIBER11725 CID. 066 1 �I N4) v/a e.f, 5p a'4 ylj � NIN P -_I J p 3 N B°3349 E 1091 13' m a 41 r °�io N I o a, . $ 8 m a,0 1 ., iezTx lE, IDIo 14.44aQ3tym - xor now Or LR'r''p�'S��br 'til-yyy4� DISPOSAL _ _ !� - 'xPi iO .? � �Y ° y ' i, Robert formerly 2O " �` � 0,+� 'r THIS DEVELOPMENT SHALL COMPII'DWIT`{S THE FSIAHUAI J,O APIf.1 LREQUI LO SHEJ kas°3 �_'.,.,_ e 'a + ' ' " 4 /' - - c�h0, °oL wr J' W Herman 'A� rTs38o� �3--� 'O / acearEfrvgl b _y MENTS Or THE SUFFOLY COUNTY GEPARTMENI OF HEALTH. -a N Q34� lyl 15 57089 / °F earc" eas,N' S.60 S�B E ' ' •f 0 �W 46twu� I. 0 . t 111 1vP °yaex`v THOMAS C. WOLPERT, N 'fS P.E. LIC. NO. 51483 - r , w. s.67 Sr w F Y zXu @ ^ 'aso now �yg F r N: n 7s `� 4i' Y 'W� rs� n L.PloCkefJ now or - , Joh _ 6gaw1A161r, 2 - N ° -` ' / aa2 S_6�33'4s"w, . &Carol A.PIOckr ahn LPlocmerly now' 04 �a 55 o` 8 / NO D. <9d 331.1s' CarolA.Pockr Jamoes C.&rmerly L/� 360.00 BoYle Patricias'c are m APPROVED BY s lol.ra � L 4s OWNER/oevELOPEH:0' Ff �I I . 56'Acr oN,xEw aoo.00r ET At. PLANNING BOARD p1 ANNAk. PLOCK � z 94 HOHART ROAD II I, -!' �� " x"Ex o° souTFloLO. N.Y. its 1 TOWN OF SOUTHOLD •. ., RIG ` 1oS4.5g e"m- DA E SUN 121 95 802 BOAT E _ HT OFeW Y AREA Ay r now Robert formerly D t 4cTi S'I� p, °Y -' ' , Nr./ "au - Lnp'• Herman 0 'j o m, ENXDvaS (�. DoSITE DATA: I Rti r° a 'laai¢�', wf,Yu[ mmxz`�'ITfl"$ a! 'w3gg�.� 335.3e' D.ux aG.•s i .. 1 . TOTAL AREA =21 7733 ACRES '? . 2 i 4r rz to Nm 'yv'r y1 Lx6�'I' , L,dS'Ye 5 r I. �L,. 2. TOTAL N0. OF LOTS = U II Lot 2 Lot 1,• 337.q v�,,,i• 2O IGA4 M A5 a ay USE }Q I ' 776 I p 3. ZONING RESIDENTIAL LOWDENSITY IR -40' m Who Lot ^ 99 IC`�C.k. 14 n tot 13 �z m T) SOI.LTHOLD �a T. BA,$IN F Lot 3 / / °/ / WAD a UrC. }-} l992 v��� - - -,e_ Ai I Ila3-7 Swddlvlslom' of f Re �A X 1 1 . n SIT _ PROP YNxe ydo ores Inc. kCoun YFile In of t MAY 2 5 p99 ' o. Suff «E 5 _ TOWN �, • - xwsL aN $ /� ,��♦�— T"1/1 �-- - T PLANNNGDBO RD 's. FINAL P ppp r 631 F L LA l ,.Pw MAP OF 14 .HE. PLOCK SHELLFISHER PRESERVE NC AREA TNRI TES - HOLE 0.2 � 7 HOLE" N TEST HOLE NO.L T N E,S "N� � NATER AND.Y.0w. ° x y - ssivma°:xx Suffolk County, New Yolk At: BAYVIEW Town of: SOUTHOLD ulN I 4Y ' . '- 4ec.5YN1Np Wd p.' T.LcT Sox.bw 5LNO4AOwW v n4c 1 unvX ac L r_1s u..xxc vows Suff.�Co. Tax Map: 000 79 _ 5 1 20.2 IdI I"nml f lu V 1.t E9 M CCA55E 5L/p!T ROAD NAc AND v. cA se v T e' wxown - a T ^Texu' ',T. nr,u 5xnwn cv.xcY TYPICAL PLOT PLAN TYPICAL SEWAGE DISPOSAL SYiT_E_M— TYPICAL WELL DETAIL ML5.x.N Ilxe .cgouxo 5.a' 1 - NX.i.0 - Ti 'wl.Tax 5p°wX', - - r"ELYPnaLCE,�. I �Q� Nf "Y 2� OCT v 1994 Y 5xx°X5 NSno lilc !1 � , mY c6.Yer i0 !• }�• MAY 24, $.NO I994 n I. - ,e Q APR L8 1994 + JAN28+1994 DATE JUNE 26,1993All I'll I i - -- ��. �a: SCALE 1 =100' . - - .�tC�AND � sF1�Elorlq eloF sae - r'1 - • : " - - 50175 ---- - - gQFF0 PLANNING BOARD MEMBERS Richard G.Ward, Chairman y Z Town Hall,53095 Main Road George Ritchie Latham,Jr. P. O. Box 1179 Bennett Orlowski,Jr. Southold, New York 11971 Mark S. McDonald y�0( �`a Fax (516)765-3136 Kenneth L. Edwards Telephone(516) 765-1938 �6 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 13, 1995 Richard F. Lark, Esq. P.O. Box 973 Cutchogue, NY 11935 Re: Proposed major subdivision for Anna K.Plock (a.k.a. Plock Shellfisher Preserve) SCTM# 1000-79-5-20.2 Dear Mr. Lark: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, June 12, 1995: BE IT RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated October 4, 1994 (received by Planning Board May 25, 1995) and the final road and drainage plans dated October 10, 1994, Conditional final approval was granted on December 12, 1994. All conditions have been fulfilled. As noted in a report dated June 21, 1994 from James Richter, Engineering Inspector, all required road and drainage construction has been completed in a satisfactory manner. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. Y W1 Lou. Falls p;ceed up of mee+ir>q. Page 2 Proposed major subdivision for Anna K. Plock June 13, 1995 Please contact this office if you have any questions regarding the above. Sincerely,, ce Q / Richard G. Ward Chairman enc. cc: Tax Assessors Building Department DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND EASEMENTS PLOCK SHELLFISHER PRESERVE at Bayview, Town of Southold Suffolk County , New York �£c�A'1 y DECLARATION made this -?anel� day of , 199�", b ANNA K. PLOCK, residing at 945 Hobart Road, Southold, New York 11971 ; CAROL ANNE WEIL f/k/a CAROL ANNE PLOCK, residing at 10003 North Bayview Road, Southold, New York 11971; DEBORAH ANNE PLOCK , residing at 415 Oaklawn Avenue, Southold, New York 11971 ; WILLIAM JOHN PLOCK, residing at 945 Jockey Creek Drive, Southold, New York 11971 ; KATHERINE MARIAN ROKE f/k/a KATHERINE MARIAN PLOCK, residing at 745 Case ' s Lane, Cutchogue, New York 11935 ; CAROL ANNE WEIL f/k/a CAROL ANNE PLOCK, Trustee under the Will of JOHN L. PLOCK, JR. , residing at 10003 North Bayview Road, Southold , New York 11971; RICHARD F. LARK, residing at 28785 Main Road, Cutchogue, New York 11935 , JEROME F. HOLUB, JR. , residing at 78 Debbie Lane, Berkeley Heights , New Jersey 07922 , and WALLACE KANDELL, residing at 10578 Stonebridge Road, Boca Raton , Florida 33498 , Trustees of the Trust under the Will of JOHN L. PLOCK ; hereinafter referred to as the "Declarants " . WHEREAS, Declarants are the owners in fee simple of the following real property: ALL those certain plots or parcels of land in the Town of Southold, County of Suffolk, State of New York, known and designated as Lots 1 through 5 on a certain map entitled "Map of Plock Shellfisher Preserve" at Bayview, Town of Southold, Suffolk County, New York, to be filed in the Office of the Clerk of the County of Suffolk; and which land is more particularly bounded and described in Attachment 1 . WHEREAS, Declarants desire to provide for the preservation of the values of the lots and amenities as shown on the subdivision map as more particularly described in Attachment 1, and for the maintenance of roadways and easement areas and therefore create a homeowners association known as the "Plock Shellfisher Preserve Homeowners Association , Inc . " under the not-for-profit corpora- tion law of the State of New York for the purposes of maintaining , administering and enforcing the covenants and restrictions; and WHEREAS, the Planning Board of the Town of Southold, as a condition of granting subdivision approval , requires certain covenants and restrictions be placed on the property . NOW, THEREFORE, the aforedescribed premises shall be subject to the following covenants , restrictions and easements which shall run with the land. -1- l e�{. 3 ARTICLE I. EASEMENTS AFFECTING LOTS 1, 2, 3, 4 and 5 A. The easements hereinafter described shall be appurtenant to and shall pass with the title to every Lot to which the ease- ments apply . B. Lots 1 , 2 , 3 , 4 and 5 shall each have an easement, in common with others , 50 feet in width , extending from North Bayview Road to the southerly portion of Lot 5 as shown on the subdivision map as "Right of Way " , for the purpose of ingress , egress , and installation , maintenance and inspection of utilities . The expenses as determined by the Homeowners Association to be incurred for the improvement, maintenance and use of this portion of the easement area as described in Schedule A shall be shared equally by each of the owners of Lots 1 , 2 , 3 , 4 and 5 . C. Lots 1 , 2 , 3 and 4 shall each have an easement, 50 feet in width , over and through portions of Lot 5 as shown on the subdivision map as "Right of Way " to the southerly portions of Lots 1 and 4, for the purpose of ingress , egress , and installation , maintenance and inspection of utilities . The expenses as determined by the Homeowners Association to be incurred for the improvement, maintenance and use of this portion of the easement area as described in Schedule B shall be shared equally by the owners of Lots 1 , 2, 3 and 4 . D. Lots 1 , 2, 3 and 4 shall each have an easement across portions of Lots 1 and 4 as shown on the subdivision map as "Right of Way" for the purpose of ingress , egress , and installa- tion , maintenance and inspection of utilities . The expenses as determined by the Homeowners Association to be incurred for the improvement, maintenance and use of this portion of the easement area as described in Schedule C shall be shared equally by the owners of Lots 1 , 2 , 3 and 4 . E. Lots 1 , 2 , 3 and 4 shall each have an exclusive easement across a portion of Lot 4 as shown on the subdivision map as "Easement" and an easement in common with others across portions of Lot 5 , as shown on the subdivision map as "Boat Easement Area" , all as described in Schedule D, for purposes of foot passage to and from the Lagoon and for the dockage of boats and parking of vehicles . F. Lots 1 , 2, 3 and 4 shall each have the right to park one vehicle per lot in the Boat Easement Area in conjunction with the lot owner ' s use of this area . The two 75 ' x 9' wooden boat finger piers' located in the Boat Easement Area shall be owned by the owners of Lots 1, 2 , 3 and 4 (Lots 1 and 2 shall own the easterly pier as tenants in common; .Lots 3 and 4 shall own the westerly pier as tenants in common ) . The owners of Lots 1 , 2 , 3 and 4 shall have an easement: (a ) to use and maintain these two -2- 3 "� � ; i �. wooden boat finger piers and their supports , and the 8' x 15 ' concrete building located in the easement area ; (b) to install underground electric , telephone and water lines across Lot 5 to the concrete building and the two wooden boat finger piers in the Boat Easement Area. The cost and expense of maintenance of the Boat Easement Area and the installation of underground utili- ties and repair of the two piers and concrete building located in the Boat Easement Area , as well as the general maintenance of the easement area across portions of Lots 4 and 5 as described in Schedule D will be determined by the Homeowners Association , and the shall be shared equally by the owners of Lots 1 , 2, 3 and 4 . G. Lots 1 , 2, 3 and 4 shall have an easement, in common with others , across and over portions of Lot 5 as shown on the sub- division map as the "Boat Easement Right of Way" , for purposes of vehicular ingress and egress to the Boat Easement Area . The expenses , as determined by the Homeowners Association , to be incurred for the maintenance and use of this "Boat Easement Right of Way" as described in Schedule E shall be the responsibility of the owner of Lot 5 . H. Lots 1 , 2, 3 and 4 shall each have the right to use the entire lagoon area north of the Boat Easement Area in common with others for ingress and egress to and from the finger piers and Shelter Island Sound (Southold Bay ) . The dredging of this por- tion of the lagoon area and the channel to Shelter Island Sound (Southold Bay ) , and the maintenance of the wood bulkheads located on portions of Lot 5 shall be shared equally by the owners of Lots 1 , 2, 3, 4 and 5 . The Homeowners Association is authorized to arrange with Reydon Shores Homeowners Association for alloca- tion of the cost to the lot owners of dredging the channel to Shelter Island Sound (Southold Bay ) . I. The owners of Lots 1 , 2 , 3 and 4, their guests and invi- tees , shall each have the right to temporary daytime dockage of boats along the wood bulkhead on Lot 5 , so long as such dockage does not interfere with boat traffic in the lagoon and channel areas . J. The right to use the aforesaid easements for installa- tion, maintenance and inspection of utilities shall include , but not be limited to, the right to connect with , maintain and make use of electric, telephone and cable television lines , wires , pipes , conduits , water lines , sewers and drainage lines which may from time to time be in or along the streets and roads or other areas of the aforesaid easements . K. In the event that any portion of any roadway , walkway , driveway, catch basin , leaching pool , drainage pipe , electric transformer, electric meter, utility line, or any other structure as originally constructed by Declarants encroaches on any lot, it -3- /4 .; 3 shall be deemed the owner of such lot has granted a perpetual easement to the owner of the adjoining lot for continuing main- tenance and use of such encroaching roadway , walkway , driveway , catch basins , leaching pools , drainage pipes , electric trans- former, meters , utility lines , or structure . The foregoing shall also apply to any replacements of any such roadway , walk- way, driveway , catch basin , leaching pool , drainage pipe , electric transformer, electric meter , or structure if same are constructed in substantial conformance to the original , as constructed. The foregoing condition shall be perpetual in dura- tion and shall not be subject to amendment of these covenants and restrictions . ARTICLE II. COVENANTS AFFECTING LOTS 1, 2, 3, 4 and 5 A. There shall be no further subdivision of ,Lots 1 , 2 , 3, 4 and 5 , as shown on the subdivision map, in perpetuity. B. No stormwater runoff resulting from the development and improvement of the subdivision or any of .its five lots shall be discharged down the bluff or bank or into Southold Bay (Shelter Island Sound) . C. No residential structure shall be constructed or other- wise located within 75 feet of the mean high water line of Southold Bay (Shelter Island Sound ) ; and no sanitary disposal facility shall be constructed or otherwise located within 150 feet of the mean high water line of Southold Bay (Shelter Island Sound) . D. A Buffer Area shall be established extending 75 feet landward from the mean high water line of Southold Bay (Shelter Island Sound ) along the northerly boundaries of Lots 2 and 3 as shown on the subdivision map to insure that no development adverse to the aesthetic quality of the shoreline will take place. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased , decayed or dead material and obnoxious plant species . Such clearing and cutting shall be subject to review by the Board of { Trustees of the Town of Southold prior to clearing and cutting to insure proper maintenance and preservation of the natural 1. buffer . i E. Erosion and sediment control measures shall be required during and after construction on each lot to insure that storm- water runoff will not carry eroded and other deleterious materials into Southold Bay (Shelter. Island Sound ) . i F. The covenants contained in ARTICLE II , paragraphs A through E, can be modified only at the request of the then owner -4- S q3 of a lot with the approval of a majority plus one of the PLanninq Board of the Town of Southold after a public hearing . Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. ARTICLE III. COVENANTS AFFECTING RESIDENTIAL LOTS 1, 2, 3 and 4 A. No lot shall be improved or have placed or maintained thereon any structure other than a single family dwelling , not to exceed two stories in height with attached or detached private garage. Said attached or detached garage shall be for not more than three ( 3 ) automobiles . A two-story dwelling shall contain a first floor area of not less than 1 ,000 square feet, and a one- story dwelling shall contain a floor area of not less than 1 , 500 square feet exclusive of attached or detached garages , carports , open breezeways , patios , terraces or basements . B. No building or structure shall be erected on any lot nor shall the exterior of any building or structure be altered, except in accordance with the plans and specifications therefore which have received prior written approval from the Declarants , their successors or assigns . All dwellings and structures shall conform to all applicable codes and regulations of the Town of Southold, and no variance thereof may be obtained without written approval of the Declarants , their successors or assigns . Two copies of proposed plans and specifications shall be submitted to the Declarants , their successors or assigns , one or which , when approved, shall be returned to the owner with such approval endorsed thereon. If the Declarants , their successors or assigns shall neither approve nor disapprove the plans and specifications within 30 days after they have been submitted to and received , the plans and specifications shall be deemed approved . C. No mobile type home or house trailer shall be kept, used, moved or allowed on said premises regardless of the size. A camper, boat, boat trailer or utility trailer are allowed on said premises , but must be stored in an enclosed area shielded from view of neighboring properties . This restriction does not include contractor ' s trailers , etc . when used during the construction of a house, providing same shall be removed from the premises upon completion of the house construction . D. No lot shall be used or maintained for any purpose other than a one-family residence . No trade , business or manufacturing shall be carried on in any residence or anywhere on the property. E. No obnoxious or offensive activities shall be carried on upon any lot, nor shall anything be done on a lot which may become an annoyance or nuisance to the neighboring properties . -5- �� 3 F. Tree stumps and debris must be removed from any lot prior to occupancy . No area of the premises may be used for the dumping or storage of garbage , and all such materials shall be stored . in sanitary containers and shall be removed regularly from the premises . There may be no total removal of the trees from any lot, and the grounds of each lot shall at all times be reaso- nably well maintained. G. All exterior construction , including roof , exterior walls , painting , windows , doors and landscaping shall be completed within one (1 ) year from the date construction commen- ces . H. No electric , telephone or cablevision poles shall be allowed on the premises , as all utilities and services for electric , telephone and cable, must be underground. I. Any lot owner who mortgages or sells his lot shall notify the Homeowners. Association and provide the name and address of his mortgagee or new owner . J. No activities shall be conducted, nor shall any improve- ments be constructed which are or might be unsafe or hazardous to any person , or any structure on a lot in the development . ARTICLE IV. COVENANTS AFFECTING LOT 5 A. Lot 5 as shown on the subdivision map after filing of same, is to be gifted to Peconic Land Trust which is a not-for- profit corporation pursuant to Section 170 (h ) ( 3 ) of the Internal Revenue Code. Peconic Land Trust was incorporated on August 1 , 1983 and is dedicated to the preservation of farmland , mari- culture and open space on Eastern Long Island. Peconic_ Land Trust has expressed its interest in doing what is necessary to preserve the unique mariculture and wetlands areas presently located on Lot 5 , in order to preserve and provide lasting benefit to the people of the Town of Southold. B. To accomplish these purposes , the following uses are per- mitted on Lot 5 : (i ) Utilize existing house as a caretaker cottage for Peconic Land Trust, its successors and assigns . (ii ) Utilize portions of the lot for Southold Town ' s Shellfish Seed Program which the Town has subcontracted with Cornell Cooperative Extension; however , the scope and intensity of such uses are subject to review and approval by the Southold Town Planning Board and Southold Town Board of Trustees . ( iii ) Conduct feasibility studies , especially with Cornell Cooperative Extension , with respect to small scale mari- culture and shellfish nursery uses ; however , the scope and inten- -6- -7 3 sity of such uses are subject to review and approval by the Southold Town Planning Board and Southold Town Board of Trustees . (iv ) The dock in the lagoon area, north of the residen- tial Boat Easement Area will be used to provide dockage for boats used by the Peconic Land Trust, its successors and assigns , in its mariculture program. (v) The Peconic Land Trust, its successors and assigns , may continue with wetland restoration projects; and in par- ticular , with plans to use portions of the lot for a native plan- tings nursery . (vi ) Waterfront portions of Lot 5 bordering Shelter Island Sound (Southold Bay ) will be used for passive recreational activity of Lots 1 , 2, 3 and 4 , such as picnicking , walking , and enjoying scenic vistas . C. Any uses of Lot 5 other than as specified above are sub- ject to review and approval by the Southold Town Planning Board and the Southold Town Board of Trustees . D. No obnoxious or offensive activities shall be carried on upon Lot 5 , nor shall anything be done on such lot which may become an annoyance or nuisance, unsafe or hazardous to Lots 1, 2, 3 and 4. The mariculture uses of Lot 5 shall not be conducted prior to 6 A.M nor after 10 P.M. prevailing time. E. To preserve the uses and purposes of the gift of Lot 5 to the Peconic Land Trust, the covenants contained in ARTICLE IV, paragraphs A through C, can be modified only at the request of the then owner of Lot 5 with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing . Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. ARTICLE V. PLOCR SHELLFISHER PRESERVE HOMEOWNERS ASSOCIATION AFFECTING LOTS 1, 2, 3 , 4 and 5 A. The Homeowners Association shall have one class of mem- bership interest. The owner of a lot in the subdivision subject to this Declaration shall be a member . B. Each member is entitled to one vote . When more than one person or entity holds such interest in any Lot, the one vote attributable to such Lot shall be exercised as such persons mutually determined and not more than one vote may be cast with respect to any such Lot. No member shall split or divide its votes on any motion , resolution or ballot . -7- ,P �( .-Z 3 ARTICLE VI. MAINTENANCE ASSESSMENTS AFFECTING LOTS 1, 2, 3 , 4 and 5 A. Each lot owner, by the acceptance of a deed , whether or not it shall be expressed in any such deed or other conveyance, shall be deemed to covenant and agree , to pay to the Homeowners Association such assessments as are fixed by the Association ' s Board of Directors and assessed to the lot owners as hereinafter provided. B. All sums assessed by the Homeowners Association but not paid, together with such interest thereon , as hereinafter provided, shall be a charge upon each lot and shall be a con- tinuous lien upon said lot against which such assessment is made . C. The assessments levied by the Homeowners Association shall be used exclusively for the purpose of maintenance and repairs to the easement areas as set forth above, liability insurance, and the cost of management and supervision of the covenants and restrictions . D. The Homeowners Association ' s Board of Directors shall , from time to time, but at least annually, fix and determine the budget representing the sum or sums necessary and adequate for the continued operation of the Association and shall send a copy of the budget and any supplement thereto to each member prior to assessing the members thereon . The Board shall determine the total amount of money required, including the operational items such as insurance, repairs , reserves , maintenance and other operating expenses , as well as charges to cover any deficits from prior years and capital improvements approved by the Board . The Declarants ' obligation for such assessments on unsold lots sub- ject to this Declaration will be limited to the difference between the actual operating costs of the Association and the assessments levied on owners who have closed title to their lots . In no event, however, will the Declarants be required to make a deficiency contribution in an amount greater than it would other- wise be liable for if it were paying assessments on unsold lots . The sum due the Association from each individual lot owner shall constitute an assessment of the Board of Directors , and unpaid assessments shall constitute liens on the individual lots subject to foreclosure as hereinafter provided. E. All assessments against each lot shall be payable semiannually or more frequent intervals as determined by the Board of Directors of the Homeowners Association . The Association shall prepare a roster of the lots and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any member . Upon the written request of a member or his mortgagee , the Board shall promptly furnish such member or his mortgagee with a written statement of the unpaid charges due from such member . -g- F. If an assessment is not paid on the date when due , as fixed by the Board of Directors of the Homeowners Association , then such assessment shall become delinquent and shall , together with such interest thereon at the legal rate of 9% per annum, and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the member ' s lot which shall bind such property in the hands of the member , his heirs , devisees , personal representatives and assigns . Such lien shall be prior to all other liens except: (a ) tax or assessment liens on the lot by the taxing subdivision of any governmental authority , including but not limited to State, County and School District taxing agencies; and (b) all sums unpaid on any first mortgage of record encumbering the lot. G. An assessment not paid within thirty ( 30 ) days after its due date , shall bear interest from the date of delinquency at the legal rate of 9% per annum; and the Homeowners Association may bring an action at law against the member or former member personally obligated to pay the same and may foreclose the lien against the property . There shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action , and in the event a judgment is obtained, such judgment shall include interest on the assessment as above pro- vided and reasonable attorney ' s fees to be fixed by the court together with the cost of the action. ARTICLE VII. INSURANCE AFFECTING LOTS 1 , 2, 3, 4 and 5 The Homeowners Association , through its Board of Directors shall maintain public liability insurance, to the extent obtainable, covering each lot owner , the Association , managing agent, and any lessee or occupant of any of the lots , against liability for any negligent act of commission or omission attri- butable to them which occurs in the easement areas . The cost of the premium for this liability insurance will be shared equally by Lots 1 , 2 , 3, 4 and 5 . ARTICLE VIII. GENERAL PROVISIONS AFFECTING LOTS 1, 2, 3, 4 and 5 A. The easements , licenses , rights or privileges established, created and granted by this Declaration shall be for the benefit of and restricted solely to, the Homeowners Association and the owners of lots on the subdivision map. Any owner may also grant the benefit of such easement, license, right or privilege to his tenants and guests of any home built on a lot and their immediate families for the duration of their tenancies or visits ; but the same is not intended nor shall it be construed as creating any rights in or for the benefit of the general public . -9- B. The Declarants grant the continuing right in perpetuity to the Southold Town Planning Board and Southold Town Board of Trustees or any of their designated representatives to inspect any areas designated on the subdivision map as buffer areas , easement areas , roadways , open space, common areas or any similar nomenclature so as to insure continued compliance with the cove- nants , terms and provisions designated herein in regard to same and to insure that such covenants , terms and provisions have not been violated. C. Declarants grant the continuing right in perpetuity to the Southold Town Planning Board and Southold Town Board of Trustees or any of their designated representatives to enforce the conditions and restrictions of the covenants as they relate to the buffer areas , easement areas , roadways , waterways , open space and common areas and to take any .legal action they deem necessary to enforce the conditions and restrictions of the cove- nants . D. Except as provided in paragraphs B and C above, these covenants and restrictions of this Declaration shall run with , and bind the land, and shall inure to the benefit of, and be enforceable by the Association , any member , or the owner of Lots 1, 2, 3 , 4 and 5 , subject to this Declaration , their respective legal representatives , heirs , successors and assigns , unless an instrument signed by eighty (80% ) percent of the members has been recorded, agreeing to change said covenants and restrictions in whole or in part. Notwithstanding the foregoing , the easements , licenses , rights and privileges established and created by ARTICLE I shall be perpetual , run with the land , and shall sur- vive any destruction, reconstruction , and relocation of the physi- cal structure, unless said provision is abrogated by the unanimous consent of all the members . Unless specifically prohi- bited herein, this Declaration may be amended by an instrument signed by members holding not less than eighty (80% ) percent of the membership. Any amendment must be properly recorded to be effective. E. Any notice required to be sent to any member or owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as member or owner on the records of the Association at the time of such mailing . F. The administration of the Homeowners Association shall be in accordance with the provisions of the Association By-Laws . G. Invalidation of any of the covenants , limitations or pro- visions of this Declaration by court order or judgment shall in -10- e, ? -3 r T no way affect any of the remaining provisions hereof and the same shall continue in full force and effect. IN WITNESS WHEREOF, the Declarants have caused their hands and seals to be affixed the day and year first above written . Anna K. Plock Carol Anne Weil f/k a �� 1 � Carol Anne Plock, Trustee and �1 Will of ohn L. Plock, Jr . CWA- Qom,Carol Anne Weil f k a Carol Anne Plock ' chard F. Lark , Trustee under Will of John L. Plock Deborah Anne Plock / rome F. Holub, Trustee under Zi ll of John L. Ploc William JohrVPlock / Wallace Kand Trustee under � Xd ,tt Will of John L. Plock Katherine Marian Roke f k a Katherine Marian Plock -11- STATE OF NEW YORK: . ss . COUNTY OF SUFFOLK: LQBc�i, Giv On this �� -"!day of , 1994 , before me personally came ANNA K. PLOCK to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. Itary Public MARY LOU FOLTS Notary PubBc,State of Now Yak No.l00085tl•Suffolk CpouM Commission Expires Mar.30,19�5 STATE OF NSW-40RVG 1--&e .,o..y. SS . COUNTY OF S91210@6 On this / 3 day of �� , 1995', before me personally came CAROL ANNE WEIL f/k/a CAR L ANNE PLOCK to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same individually and as trustee. Notary "Public µA� f?, MY CUd1,;I;510U/(r,in5082 Bonded❑im Nn4iv HRec UWmAem STATE OF NEW YORK: _ F� as . COUNTY OF SUFFOLK: On this 27 day of dzczrn/�cf--, 199y, before me personally came DEBORAH ANNE PLOCK to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same . L.'A- iQG. . Notary Public THMSATWw Nob7 PAkM&ofHMYaM -12- w.49?M.&ft&C0A+d cwffib n Bove wo it IM /; 3 STATE OF NEW YORK: ss . COUNTY OF SUFFOLK: On this a�day of ( uvicGt , 199' , before me personally came WILLIAM JOHN PLOCK to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. G) � --- Notary Public TFffiESAT owwN NDbNo. il=�SuNo�nry STATE OF NEW YORK: CanmNsbnE+dro�Aw 3.1 aw ss . COUNTY OF SUFFOLK: On this °lgV, day of ^'� �'�� 199V before me personally came KATHERINE MARIAN ROKE f/k/a KATHERINE MARIAN PLOCK to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same . /Notary Public MARY LOU FOLTS Nolary Public,Slala of Now Yak No.1000858•Suffolk County Commission EMpkos Mar.X 19M STATE OF NEW YORK: ss . COUNTY OF SUFFOLK: On this .7)�kday of -�/, 1995-, before me personally came RICHARD F. LARK to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public MARYLOU FOLTS Notary Public Slala of Naw Yak No.1000858•Suffolk -13- Commission i+dm Mar,90.1 /y dj .4 _" STATE, OF NEW YORK : / ss . COUNTY OF�L, On this 67 day of February, 1995 , before me personally came JEROME, F . HOLUB , JR. , to me known to be the individual described in and who executed the foregoing instrument , and acknowledged that he executed the same. Notary Public LAURA M.RAM Notary Public,State of New Yak No.31-4805512 Qualified in New York County Commission Expires December 31,19L6 STATE OF FLORIDA ss . COUNTY OF PALM BEACH: On this X day of January, 1995, before me personally came WALLACE KANDELL, to me known to be the individual described in and who executed the foregoing instrument , and acknowledged that he executed the same . A�G16 Notary 7yblic 11!�ITI\e+. 11V 111 iC(�iaP.r I'l'LI r :a �; . �r Ilnc!Iq� i iY(OAI I i C.X I_ II ,71_I'' i -14- Southold Town Planning Board 3 ` June 12, 1995 Ayes : Mr. Orlowski , Mr. Latham, Mr. Edwards , Mr. Cremers, Mr, Ward Mr. Ward: Opposed? Motion carried. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Final Determinations: Mr . Ward: Anna K. Plock (a .k.a. Plock Shellfisher Preserve) -- This major subdivision is for 5 lots on 21 .79 acres located on an existing right-of--way off North Bayview Rd. , approximately 935 feet east of Reydon Rd. in Southold. Four of the lots are between 1 . 7 acres and 2 .2 acres in size. The fifth lot is a reserved area to be conveyed to the Peconic Land Trust. SCTM# 1000--79-5-20 . 2 . Is the applicant here or agent of the applicant? Mary Lou Folts: Mary Lou Folts, of Lark and Folts , for the applicant . I believe we've met all the conditions of your final approval of December 12 and I just request that you sign the maps . I ' d just like to wait , if I may, for them. Mr. Ward: Is there anybody else here this evening that would like to address the Board on this particular application? If not, what ' s the pleasure of the Board? Mr . Latham: I move that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated October 4, 1994 (received by Planning Board May 25 , 1995) and the final road and drainage plans dated October 10, 1994. Conditional final approval was granted on December 12 , 1994. All conditions have been fulfilled. Mr. Edwards: Second the motion. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski , Mr. Latham, Mr. Edwards , Mr. Cremers, Mr. Ward Mr. Ward: Opposed? Motion carried. Preliminary Extensions: Mr. Ward: Bayberry Estates -- This major subdivisionis for 18 lots on 50.0171 acres located on the west side of Laurel Ave. ; 140 feet south of Yennecott Drive in Southold . SCTM# 1000--55--6-35 & 36 'and 1000--56--1-1 What ' s the pleasure of the Board? Mr . Cremers: Mr. Chairman, I move that the Southold Town Planning Board grant a six, month extension of preliminary approval from June i p�L vs�i rely q 35 ' . evs4 'Rey(e„ THIS MAiM SUBDIVISION IS FOR J-7 JOTTo N 1% '� ACRES LOCATED ON an Uvis};n��-w c{ /Uec11t (�ays '+ Toa ( N SOUrIN l < Lour gr tQ_ Ip SCT,%I# 1000- Q�e between 1.7 Qcres an4 2,2acres ;,v s,ze. •Tle. V44} \ IQ1- A is Q reserk/ area -6 6e cenveyeA to -rte_ n(c. Lgnd Tf�st. MA)OR SUBDIVISION (< 4 LOTS WITH ROAD) Complete application received -2- Ap plication reviewed at work session ,ro.` oK AWL , Jim. Kf Applicant advised of necessary revisions Revised submission received %` oK PWIL tEl OK Sketch plan approval 50A k -with conditions -ic�. ha.dnvvv� a CY�Fevrn�vc.Toh $ 131g3 c..3 ,d. Lead Agency Agency Coordination ��K See- SEQR I c��s2 �e� �� cooad.' SEQRA determination sae.t i2(a� N _(fir_ _ c a4112• SQM+out ebaa: reotew Road profiles/drainage submitted ro` oK -revisions ,ro:` oK Road profiles/drainage reviewed be Engineer; �,'f"c r a pro.` oK AWL 07K Bond estimate submitted Bond adopted by PB Bond adopted by TB Payment of bond Payment of inspection fee Sent to County Planning Commission oK Receipt of County Report 20 i m.` oK Review of SCPC report sh 153 Sent to Fire Commissioner Receipt of firewell location Notification to applicant to include on final map ai 0.3 - re�,;recl Draft Covenants and Restrictions received l i5 4 tnj OK Draft Covenants and Restrictions reviewed a� 9y �m.` bi 1.A. Filed Covenants and Restrictions received Receipt of mylars and paper prints with Health approval Final Public Hearing Approval of subdivision -with conditions Endorsement of subdivision ms ,/Hla� STATE ENVIRONMENTAL QUALITY REVIEW (SEQRA) STATUSSHEET TYPFOFAh"fION: TYPE1 TYPE UNLISTED LEAD AGENCY PLANNING BOARD OTHER: n INITIAL DETERMINATION �( NON-SIGNIFICANCE SIGNIFICANCE LEAD AGENCY COORDINATION?: UNCOORDINATED REVIEW_/ / 70 f 3 COORDINATED REVIEW - START OF 30 DAY COORD. PROCESS 6 / / L`4:% re�`sect COMMENTS RECEIVED FROM: 4.2'il9z- st-"-`� AGENCY NV S O EG 7 42 woof&'A .ti an AGENCY: Trostte 11, 11L AGENCY A¢r^ l.s Cre« titdl a5 cc1 I��a��9} Q� f�Q��ueste4 DETERMINATION NEGATIVE DECLARATION ATE3/)-/_3 CONDITIONAL NEG.DEC,_DATE_/—/— POSITIVE DECLARATION—DATE—/—/— IF POSITIVE DECLARATION SCOPING SESSION_/—/ RECEIPT OF DEIS /— DATE DEIS COMPLETE—/—/—//DATE DEIS INCOMPLETE /_/_ RECEIPT OF REVISIONS TO DEIS—/—/— DATE DEIS COMPLETE—/—/—//DATE DEIS INCOMPLETE_/—!— RECEIPT OF REVISIONS TO DEIS—/—/— DATE DEIS COMPLETE_/—/_//DATE DEIS INCOMPT ETF /_/— ST.ART OF PUBLIC COMMENT PERIOD FOR DEIS—/—/— PUBLIC HEARING ON DEIS—/—/— COMMENTS RECEIVED FROM: AGENCY: AGENCY: AGENCY: AGENCY: AGENCY: AGENCY: AGENCY: AGENCY: END OF PUBLIC COMMENT PERIOD FOR DEIS—/ / FEIS TO BE PREPARED BY FEIS RECEIVED—!—/— FEIS COMPT FTE !_/ START OF PUBLIC COMMENT PERIOD FOR FEIS—/—/— PUBLIC HEARING ON FEIS / /_ FINDINGS STATEMENT ADOPTED BY PLANNING BOARD—/—/_ ENVIRONMENTAL FEES SCOPING SESSION$ PAID REVIEW OF DEIS $ PAID_/_/_ ADDITIONAL REVIEW OF DEIS $ PAID_/—/— $ PAID—/_/— $ PAID PREPARATION OF FEIS $ PAID_/_/_ REVIEW OF FEIS $ PAID_/_/_ ms ��I9a ` • • Sub. - cr�,4i'e RICHARD F. LARK JS ATTORNEY AT LAW MS MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 March 16, 1992 Southold Town Planning Board Town Hall , 53095 Main Road P. O. Box 1179 Southold, New York 11971 RE: Subdivision for "Flock Shellfisher Preserve" SCTM #1000-079 .00-05 .00-020 .002 Gentlemen: In connection with the above-captioned matter, I am enclosing the following: 1 . Application for Approval of Plat. 2 . Full Environmental Assessment Form. 3 . Questionnaire. 4 . Twelve (12) prints of Sketch Plan of Subdivision Map Prepared for Anna K. Plock, prepared by Young & Young, dated March 5, 1992 . 5 . Check No. 501 of Plock Family iv, payable to Town of Southold, in the amount of $3 ,000 .00 . As you know from prior discussions, this property is the former location of shellfish seed growout system, which was operated for many years in the Town of Southold by the Shelter Island Oyster Company (flock family business ) . The Plock family has a real affinity to this land, however, estate planning pressures have left the family no other choice but to develop and sell the property. It is our hope to accomplish this , however, in a manner respectful of the properties natural attributes and historical land use. To this end, the family has worked closely with the Peconic Land Trust to identify a means of selling the property while also preserving the integrity and special character of the land. Thus , while the p ps�o/u. : _ rLI1N N114. Southold Town Planning Board -2- March 16 , 1992 a yield of as many as fourteen (14 ) building lots under existing zoning regulations , we anticipate the conveyance of approximately 12 . 6 acres, as a reserve area, to the Peconic Land Trust thereby limiting the property to a total of four (4) building lots. Prior to conveying the reserve area to the Trust, we intend to make improvements to the existing aquaculture facility so that it may be used in the future for limited research, educational and other appropriate shellfish dependent uses . After this conveyance to the Peconic Land Trust, they through a homeowners association, will manage the entire property. The concept plan submitted herewith for Sketch Plan approval reflects this intention. As you will note , we have made every effort to protect the most sensitive portions of this property as well as to preserve future options for the use of the aquaculture facility. Needless to say, we believe that this plan is in compliance with the Town' s Master Plan and the recommendations of the recent US/UK Stewardship Exchange Report. I am also enclosing a copy of the Plock Project Overview explaining some of the goals to be accomplished by this application. If you have any questions , do not hesitate to contact me. Very truly yours, RFL/bd Richard Aar Enclosures APPLICATION FOR APPROVAL OF PLA D To the Planning Board of the Town of Southold: I,JSZ The undersigned applicant hereby applies for (Yr�lSXVX) (final) appr W accordance with Article 16 of the Town Law and the Rules and Regulati Planning Board, and represents and states as follows: Town 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be . . . PlOck Shellfishes Preserve 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows Liber . ,11194.. .. .. .. . . . . .. . Page 516 On P. 99Uer, 24r. 1990, . . Liber . ,11277 „ Page . .. .. ,559 . . . . . . . . .. .. .. . On Juno'-. .I.�r. ,1,9s�-. . . . . . . ; �d3dbm. . . .. .. .. .. ...... .. . . .. . Rom. . . .. . . .. .. .. . . . . . . . . . )OW . .. .... . . .. . . .. . . . .... . , XXfWf . .. . . . . .... . .. . . . . .. .. . . . )L . .. .. . . . . .. .. . . . . . . .. X3ibee . .... .. .. .. .. .... ...... . Raps . . . .. . . .. . . .. . . . . . . . . XXXX dishaixxaex. .. .. .. . . . . .. .. .. .. ... .. .. . . .. . . . . .. .. . . .. . . .. . . .. .. .. . .... .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . .. .. .. . .. .. ... . .. . 5. The area of the land is . ..2,1 7.90.3 , , ,• , acres. 6. All taxes which are liens on the land at the date hereof have been paid imenoc . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . .... . . . . . 7. The land is encumbered by . ,no mortgage.jWXWX&blocps9c . . . . . . . . . . ... . ... . . . . . . . . (li}f7ltkdFP [�Cxdt•J4Yt1@`XJ4HXT�i14dt . . . .. . . . . . . . . . . . . . . . . . . . . . H9Cbt5¢�t�T3�N1163!Lt�t Xt$�X. . .. . . .. . . . . . XmX3iC;XXmXD1X*. . . .. . . . . . . :. x&bfm x . .. .. ... . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . (k}ca),Sy}[ ISaXQ[HDt�d aol{3a!}CR . . . . . . . . . 9jX. . . . . . . . . . . . . . . . . . . . Xk . . . . . . . . . . . . . . W]jxiCIKmmoa=4C.. .. . . . . . . .. . . . . . .. . . .. .. .. . . . mkka6X . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . .. . . .. PAX x xxxQtat�eaxinxdcidre.. . . . . . . . . . . . . . . R.,Qm . . . . . . . . . . . .. . . . 3r xaag xbcxt�mxx . . . . . . . . . . . . . . anxXbi&MMX=s. . . . . . . . . . . . . . . . . . . . . . xxixxtw . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . xx4s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. There are no other encumbrances or liens against the land except . . . . . . . . . . . . . . . . . . . .. . . . . , , .None . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . .... . 9. The land lies in the following zoning use districts . . . . . . . . . .. .. . . .. . . . . . . . . . . . . . . .. .. . . . . R-40 . . . . . . . . . .. . . . . . . . . .. . . . . . . I . . . . . . . . .. . . . . . . 10. No part of the land lies under grater whether tide water, stream, pond water or otherwise, ex- cept ,Two ponds , one creek and some under water ground in Reydon Shore . . . . . . . . . . . . .. . . . . Marina . 11. The applicant shall at his expense install all required public improvements. 12. The land K]EA (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is . . . .N/A. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .�. . . . . 13. Water mains will be laid by . . No •water ma-ills/. .lots. served. -by.private. .wells . .. . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . . . . .L ILC0 . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and (a) �E, yil diarge will be made for installing said lines.. . . . . . . . . . . . . . . . . . . . . . 15. Gas mains will be installed by . ._ ,No. ,gas_ and (a) (no) charge will be made for installim* � said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "13" hereto, to show same. 17, If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings on the plat. n or structures o the land which are not located and shown 19. Where the plat shoe-s proposed streets «•hick division maps heretofore filed, there are no re are extensions of streets on adjoining sub- existing maps at their conjunctions w serve strips ith the proposed streets. the end of the streets on said 20. In the course these proceedings, the a 335 of the Real Property Law. pplicant will offer proof of title as required by Sec. 21. Submit a copy of proposed deed for lots sl'CON'iag all restrictions, covenants, etc. Annex Schedule "D". Undetermined until all permits have been obtained. 22. The applicant estimates that the cost of grading and required public improvements will he Undetermined until all permits have been obtained. $. . . . . . . . . . as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at . . . . . . . . . . . . . . years. The Performance Bond will be written by a licensed surety company unless otherwise v shown on Schedule "F". y DATE // ^ `2 /Z ✓ . . . . .. . . . . . . . . .. 19�? (N of Applicant) • h> d F. Lark jd)c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (��aCCgeCXMbCgi4� . . . . . . Main Road — P. O. Box 973 Cnt�.hosue.. . .NeW.Xork. ?.� 9.35. . . . . . . . . . . . (Address) STATE OF NEW YORK. COUNTY OF . . .SUFFOLK On the . . . . 12th. _ . . . . day of. . . . . , .March RICHARD . . . . . . • . . . • . • .1 1992 • ., before me personally came F. LARK . . •. . . . . • " " " • . . • I • . • • • • . . . . . to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . , he. • . . executed the same. Notary Public 64FPdAt161W4LQ Notary Puolia,Sale of New Yak No.e535120,SofloAc CMV STATE OF NEW YORK, COUNTY OF . . . . . . . . . . . . . . . . . . . . . . . . . . . . ss;fommb"EOmOdober 31,1$n On the . . . . . . . . . .. . . . . . day . . . .. . . . . . . . of . . . . . . . . . . . . . .. 19. . . . . .. before me personally came . . . . . . . . . . . . . . . . . . . . . . to me known, who being by me duly sworn did de- pose and say that . . . . . . . . . .. . resides at No. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . that . . . . . . . . . . . . . . . . . . . . . . . . . . is the . .. . . . . . . . the corporation described in and which executed the foregoing instrument; that . . . . . . . . . . . . knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. :uvl that signed • • . . • • • • . .. . name thereto by like order. Notary Public. . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . 297 -StR[utory Form F. W JU 9 BLU MB ERG. INC.. LBR ADWA PUBLISHERS I ll Referee'.Deed in Foreeloeore. • SON NRNGE PUCE. AT BROAOW RY. NEW PORK 111946516 s :ys,; I.Y.S. TRANSFER 'AX STAMPS :5,674.00 !i 15 Made the 18th day of December nineteen hundred and ninety �Bethleen STANLEY J. SOMER, 1030 West Jericho Turnpike, Smithtown, New Yorvleferee duly appointed in the action hereinafter mentioned, Grantor ' i gi n tli ANNA K. PLOCK, residing at 945 Hobart Road, Southold, New York, as to a 16.920% interest; ANNA K. PLOCK, Executrix of the Estate of JOHN L. PLOCK, residing at 945 Hobart Road, Southold, New York, as to a 35.720% interest; CAROL ANNE PLUCK, residing at (no #) North Bayview Road, Southold, New York, as to a 11.312% interest; DEBORAH ANNE PLOCK, residing at (no #) North Bayview Road, Southold, New York, as to a 10.472% interest j WILLIAM JOHN PLUCK, residing at 945 Jockey Creek Drive, Southold, New York, as to a 10.472 7. interest; KATHERINE MARIAN PLOCK, residing at (no ll) North Bayview Road, Southold, New jl York, as to a 10.472% interest; and CAROL ANNE PLOCK, Trustee under the Will of JOHN L. 'i PLUCK, JR. , residing at (no #) North Bayview Road, Southold, New York, as to a Grantee 4.632% interest, Witneizab, that the Grantor, the Referee appointed in an action between I ANNA K. PLUCK, ANNA K. PLOCK, Executrix of the Estate of JOHN L. PLUCK, CAROL ANNE PLOCK, DEBORAH ANNE PLOCK, WILLIAM JOHN PLUCK, KATHERINE MARIAN PLUCK, and CAROL i; ANNE PLOCK, Trustee under the Will of JOHN L. PLUCK, JR. , �00 at. ' 9s 00 -.00 k. I I plaintiffs . f 0��`002 and 7f/eP'C t ` l ANDRAS JAKAB, EC 24 1t�Ar7sFE� 7Nx + '�r . �`` ci�fFOLK r ter e EC 24 1990 tt; i defendant,% .;I foreclosing a mortgage recorded on the 7th day of January nineteen hundred and eighty-eight in the office of the Clerk j. of the County of Suffolk , in liber 13705 of mortgages, at page 23 in pursuance of a judgment entered at a Wig' 'term o t e12supreme Court of the State of New York, County of Suffolk on the 2nd day of July, 1990 and entered in the Office of the Clerk of Suffolk County, Index No. 89-6025 �Ion the 24th day of July nineteen hundred and ninety and in consideration of ONE MILLION ONE HUNDRED THOUSAND and 00/100----------------------- Ii ---------------------------------------($1,100,000.00)----------- Dollars paid by the Grantee, being the highest sum bid at the sale under said judgment does hereby grant and convey unto the Grantee. I' t� ti �I� 11194PC517 that certain plot, piece or parcel of land, with the buildings and improvements i thereon erected, situate, lying and being at Bay View, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: i i! j (See attached Schedule A) 4 1Y194H51 SCHEDULE A • BEGIIIIII14G at a point on the division line between the land now or formerly of Raymond Kerester and others and the easterly Iine of'a realty subdivision as shown on a certain Map entitled "Map of Reydon Shores, Inc." filed in the office of the Clerk of Suffolk County under File No. 631 , which point Is the following courses, and distances from the point of Intersection of the northerly line of North 8ayview Road with the easterly line of "Reydon Drive", a road Shown on the aforesaid realty subdivision entitled "Map of Reydon Shores, Inc. ": 1 . S. 860 24' 02" E. 597.82 feet along the northerly LEGIBILITY line of North Dayvlew Road, PWR FOR 2. N. 80 33' 49" E. 1117.84 feet along the westerly WNCROFILM line of land now or formerly of Raymond Kerester and others; and running thence from the said point of beginning N. 0" 33' 49" E. along the easterly line of the aforesaid realty subdivision entitled "Flap of Reydon Shores, Inc." 776.99 feet to a point In the southerly line of a boat basin, hereinafter designated point A; thence easterly and northerly along s boat basin to a point In Shelter island Sound, the courses and distances fNonl the last mentioned point to the point In Shelter Island Sound being as follows: along a bulkhead, a tie line along the shore of the boat basin and again along a bulkhead the following courses and distances: 1 . N. 870 49' 47" E. 11.91 feet, 2. S. 830 30' 59" E. 17,20 feet, 3. N. 250 32' 22" E. 4U.09 feet, 4. 11. 130 00' 06" E. 27.17 feet, S. N. 3" 09' 28" W. 29. 12 feet, 6. N. 110 45' 36" F. 90.89 feet, 7. 14. 400 52' 20" W. 22.02 feet, 8. N. 220 15' 13" W. 21 .09 feet, 9. 14. 140 14' 55" E. 21 . 10 feet, l0. 11. 50" 06' 23" E. 43.39 feet, ll . oil. 15' 19' 2U" E. 30.56 feet] 12. U. 10 09' 00" E. 34.07 feetl 13. N. 50" 58' 53" W. 21 .03 feet] 14. 14. 380 46' 36" W. 12.75 feet, ' 15. N. 110 27' 29" E. 166.99 feetl thence easterly, southerly and again easterly along Shelter Island Sound to the land now or formerly of Raymond Kerester and others the courses and distances from the last mentioned point to the point in the westerly line of the land now or formerly of Raymond Kerester and others a tie line along a bulkhead and the shore of Shelter Island Sound the following courses and distances: I . S. Goo 04' 30" E. 33.80 feet, 2. S. II° 24' 46" W. OU.03 feet, 3. S. 740 39' 27" E. 156.96 feet, FF; 01113HATY qw4 4. if. 590 10' 16" E. 41 .61 feet, II.T rrf 5. S. 610 57' 14" E. 11 .79 feet, � �s L7 d 6. S. 210 33' 13" E. 21 .37 feet, 7. S. 000 56' 50" E. 19.52 feet, 0. N. 350 34' 02" E. 22.07 feet, rt 9. S. 1110 57' 10" E. IU.43 feet, f'4 10. S. 20° 55' 34" E. 30.57 feet, II . S. 050 46' 21" E. 475.02 feet; thence southerly and westerly along the land now or formerly of Raymond Kerester and others the following courses and distances: I . S. 00 33' 49" W. 1207.25 feet, 2. Il. 030 01 ' 21" W. ODU.30 feet to the point or place of beginning. 10GE111UH with all right, title and Interest, If any, In and to the land under water of the boat basin described as follows: OEGIIINING at the point hereinbefore designated Point A and uT running thence northerly and easterly through the boat basin the following courses and distances: 1 . N. 00 33' 49" E. 447.13 feet, 2. S. 740 39' 27" E. 19. 12 feet; thence southerly and westerly along a bulkhead, the shore line of the boat basin and again along a bulkhead to the point or place of beginning. IOGEIIIER with a right of way 5U feet wide extending northerly from North Uayvlew Road to lire above described parcel of land described as follows: , ,, . BEGINNING at a point mr the uortherly line of North Oayview Road. which point Is the following courses and distances from the easterly line of aforesaid "Reydon Drive": 1 . S. 1160 24' 02" E. 597.02 feet, 2. S. 060 56' il" E. 331.09 feet and running thence from said point of beginning N. 0° 33' 49" E. through the land now or formerly of Raymund Kerester and others 1094.50 feet to a point In the first above described parcel of land; thence S. 030 UI ' 21" E. along said first above described parcel of land 50.02 feet; l thence S. 0° 1331LAfouUn tI09Id�ta f011or formerly of Raymond Kerester and others and along the westerly line of land now or formerly of John L. flock, Jr, and Carol A. Pluck, and along tine land now or formerly of James C. Boyle, ill and Patricia L. Boyle to a point In the northerly line of North Dayview Road; thence N. 06° 56' 11" W. along the northerly line of North Uayvlew Road 50.23 feet to the point or place of beginning. 90 babt anb tO bOlb the premises herein granted unto the Grantee their successors and assigns forever. r) is e $tt �ittteggfjereof, the Grantor has hereunto set his hand and seal, the date first above written. revJ. ..............................._ .L. S. eeS omer JR PCtlftme of: STATE OF NEW YORK } ss.: COUNTY OF SUFFOLK On the 18th day of December nineteen hundred and ninety before me came STANLEY J. SOMER Referee to me known and known to me to be the individual described in, and who executed, the foregoing instrument and acknowledged to me that he executed the same. Notary Piflilic Notary pt 6 c,1S ate of N w York No.4651809 ovalifira in Sulfalk Counttyy Commipcion Expires March 30, 10 9 / ii � - r ' i Reserve this space for use of Recording office. `j STANLEY J. SOMER, I � INA C Ki Referee to ANNA K. PLOCK, ANNA K. PLOCK, Executrix of the Estate of JOHN L. I PLOCK, CAROL ANNE PLOCK, DEBORAH • ANNE PLOCK, WILLIAM JOHN PLOCK, KATHERINE MARIAN PLOCK, and CAROL ANNE PLOCK, Trustee under the will of JOHN L. PLOCK, JR. ���, �eteree'g �eeb �• IN FORECLOSURE 1 - > w r i a = Dece cSu..� Dated, ...........mber._18, .............. 19-.9A. i 000 O) ^-_.,,' The land affected by the within instrument lies in Southold, Town of Southold, • ?.r j Suffolk County, New York. a a o "' Record and return to Richard F. Lark, Esq. Main Road - P. 0. Box 973 Cutchogue, New York 11935 '\ Standard N.Y.N.T.U.Form'8010a�5M—Executor's Deed—Individual or Corporation. • / � M t • CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD 11 USED RT LAWYERS ONLY. 11277PC559 27991 THIS INDENTURE, made the 6 — day of June, nineteen hundred and ninety-one 40 N.Y.S. BETWEEN ANNA K. PLOCK, residing at 945 Hobart Road, Southold, New York 11971, TRANSFER TAX STAMPS iEQUIRED as executmix of the last will and testament of JOHN L. PLOCK late of Suffolk County, New York, who died on the 30th day of January nineteen hundred and eighty-seven, party of the first part, and RICHARD F. LARK, residing at 28785 Main Road, Cutchogue, New York 11935, JEROME F. HOLUB, JR. , residing at 78 Debbie Lane, Berkeley Heights, New Jersey 07922 and WALLACE KANDELL, residing at (No #) Basket Neck Lane, Remsenberg, New York 11960, Trustees of the Trust Under the Will of John L. Plock party of the second part, WITNESSETH,that the party of the first part, to whom letters testamentary were issued by the Surrogate's Court, Suffolk County, New York on June 15, 1987 and by virtue of the power and authority given in and by said last will and testament, and/or by Article 11 of the Estates, Powers and Trusts Law, and in consideration of partial distribution of estate pursuant to paragraph FOURTH of Last Will And Testament of JOHN L. PLOCK, deceased ak&= TEikkhprid>etp=tjcplt:tkmcsepon&*Lrk does hereby grant and release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever, of the 35,727� interest in ALL,/that certain pot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beingko6a at Bay View, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: 4� I (SEE ATTACHED SCHEDULE A) TAX MAP ]ESIGNATION ' Art. 1000 <r. 079.00 Q. 05.00 RECTE{IV` ntIa020.002 REAL ESTATE JUN 13 1991 (,} TRANSFER TAX SUFFOLK COUNTY a\9 1127 7PE0560 SCHEDULE ItAll ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Bay View, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the division line between the land now or formerly of Raymond Kerester and others and the easterly line of a realty subdivision as shown on a certain map entitled, "Map of Reydon Shores, Inc." filed in the Office of the Clerk of Suffolk County under File No. 631, which point is the following courses and distances from the point of intersection of the northerly line of North Bayview Road with the easterly line of "Reydon Drive", a road shown on the aforesaid realty subdivision entitled, "Map of Reydon Shores, Inc.": 1. South 86 degrees 24 minutes 02 seconds East, 597.82 feet along the northerly line of North Bayview Road; 2. North 8 degrees 33 minutes 49 seconds East, 1117.84 feet along the westerly line of land now or formerly of Raymond Kerester and others and; RUNNING THENCE from the said point of beginning North 8 degrees 33 minutes 49 seconds East, along the easterly line of the aforesaid realty subdivision entitled, "Map of Reydon Shores, Inc." 776.99 feet to a point in the southerly line of a boat basin, hereinafter designated point A; THENCE easterly and northerly along a boat basin to a point in Shelter Island Sound, the courses and distances from the last mentioned point to the point in Shelter Island Sound being as followsi along a bulkhead, a tie line along the shore of the boat basin and again along a bulkhead the following courses and distances: CONTINUED it < < � ��- -----_- --- ---- ----� -_ 1. North 87 degrees 49 minutes 47 seconds East, 11.91 feet; 2. South 83 degrees 30 minutes 59 seconds East, 17.20 feet; 3. North 25 degrees 32 minutes 22 seconds East, 40.09 feet; 4. North 13 degrees 08 minutes 06 seconds East, 27.17 feet; 5. North 3 degrees 09 minutes 28 seconds West, 29.12 feet; 6. North 11 degrees 45 minutes 36 seconds East, 90.88 feet; 7. North 48 degrees 52 minutes 28 seconds West, 22.82 feet; 8. North 22 degrees 15 minutes 13 seconds West, 21.09 feet; 9. North 14 degrees 14 minutes 55 seconds East, 21.10 feet; 10. North 50 degrees 06 minutes 23 seconds East, 43.39 feet; 11. North 15 degrees 19 minutes 20 seconds East, 30.56 feet; 12. North 1 degree 09 minutes 00 seconds East, 34.07 feet; 13. North 50 degrees 58 minutes 53 seconds West, 21.03 feet; 14. North 38 degrees 46 minutes 36 seconds West, 12,75 feet; 15. North 11 degrees 27 minutes 29 seconds East, 166.99 feet; THENCE easterly, southerly and again easterly along Shelter Island Sound to the land now or formerly of Raymond Kerester and others the courses and distances from the last mentioned point to the point in the westerly line of land now or formerly of Raymond Kerester and others a tie line along a bulkhead and the shore of Shelter Island Sound the following courses and distances: 1. South 80 degrees 04 minutes 30 seconds East, 33.80 feet; 2. South 11 degrees 24 minutes 46 seconds West, 80.03 feet; 3. South 74 degrees 39 minutes 27 seconds East, 156.96 feet; 4. North 59 degrees 10 minutes 16 seconds East, 41.61 feet; 5. South 67 degrees 57 minutes 14 seconds East, 11,79 feet; 6. South 21 degrees 33 minutes 13 seconds East, 21.37 feet; 7. South 80 degrees 56 minutes 58 seconds East, 19.52 feet; 8. North 35 degrees 34 minutes 02 seconds East, 22.07 feet; CONTINUED - 112''1''tnUi -- - 9. South 81 degrees 57 minutes 10 seconds East, 10.43 feet$ 10. South 28 degrees 55 minutes 34 seconds East, 38.57 feet$ 11. South 85 degrees 46 minutes 21 seconds East, 475.02 feet$ THENCE southerly and westerly along the land now or formerly of Raymond Kerester and others the following courses and distances: 1. South 8 degrees 33 minutes 49 seconds Nest, 1207.25 feet; 2. North 83 degrees 01 minute 21 seconds Nest, 800.30 feet to the point or place of BEGINNING. TOGETHER with all right, title and interest, if any, in and to the land under water of the boat basin described as follows: BEGINNING at the point hereinbefore designated Point A and,- RUNNING THENCE northerly and easterly through the boat basin the following courses and distances: 1. North 8 degrees 33 minutes 49 seconds East, 447.13 feet; 2. South 74 degrees 39 minutes 27 seconds East, 19,12 feet; THENCE southerly and westerly along a bulkhead, the shore line of the boat basin and again along a bulkhead to the point or place of BEGINNING. North TOGETHER with a right of way 50 feet wide extending northerly from/Bayview Road to the above described parcel of land described as follows: BEGINNING at a point on the northerly line of North Bayview Road which point is the following courses and distances from the easterly line of aforesaid "Reydon Drive": 1. South 86 degrees 24 minutes 02 seconds East, 597.82 feet= 2. South 86 degrees 56 minutes 11 seconds East, 337.09 feet and; RUNNING THENCE from said point of beginning North 8 degrees 33 minutes 49 seconds East through the land now or formerly of Raymond Kerester and others 1094.58 feet to a point in the first above described parcel of land= THENCE South 83 degrees 01 minute 21 seconds East along said first above CONTINUED 12''l?P�5b3Addk described parcel of land 50.02 feet; THENCE South 8 degrees 33 minutes 49 seconds Neste 1091.15 feet through the land now or formerly of Raymond Kerester and others and along the westerly line of land now or formerly of John J. Plock, Jr. and Carol A. Plock# and along the land now or formerly of James C. Boylet III and Patricia L. Boyle to a point in the northerly line of North Bayview Road; THENCE North 86 degrees 56 minutes 11 seconds Nest along the northerly line of North Bayview Road 50.23 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises as conveyed by deed dated December 18, 1990, and recorded in the Suffolk County Clerk's Office on December 24, 1990, in Liber 11194, page 516. PREMISES are not subject to a Credit Line Mortgage. 112 7PC56P TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances, and also all the'estate which the said decedent had at the time of decedent's death in said premises,and also the estate therein, which the party of the first part has or has power to convey or dispose of, whether individually, or by virtue of said will or otherwise, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the distributees or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WI IWM WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ANNA K. PLOCK, Executrix 11277PE565 ' "ATE OF MEW YORK, COUNTY 0! SUFFOLK On the. ( � day of June 19 91 ear sTATt OF NEW YORK, CpyNTy OF Personally came , before me On the day of ~' ANNA K. PLOCK Personally came 19 , before me to me known to be the individual described in executed the foregoing instrument, and and who to me known to be the individual she executed the same, o acknowledged that executed the for described in and who executed the same.instrument, and acknowledged that l�C ot(arrlyy Public rl�3� k York m calm, Wmhdc D E*Ws Mar.30.1 l) aTATR OF NEW ypW, COUMV OF On the day of an "ATE OF NEW PORK, CoUpM OF Personally came 19 , before me On the day of am to me known, who, being by me duly sworn, did d Personally came 19 , before me say that he resides at No. epose and the subscribing whom I am Personallys to the foregoing instrument, with that he is the sworn did depose and �' who, being by me duly Of Y he resides at No. that he knows in and which executed the foregoingthe corporation described knows the seal Of said ithatuthenS that he to said ins corporation; that the seek affixed described in and who ex to be the individual instrument is such corporate Seal; that it was so that scored the for affixed by order of the board of directors of said corpora- he, said subscribe ektmnB instrument; HOu, and that he signed h execute the Same; d was he, and saw 8n trams thereto by like order. at the � that he, Said witness, same time gibed h name as witness thereto. ftcCUtor's ]Deeb TITLR No SECTION BLOCK ANNA R. PLOCK, Executrix LOT COUNTY OR TOWN TAX BILLING ADDRESS TO RICHARD F. LARK, JEROME F. HOLUB, JR., and WALLACE RANDELL, Trustees Recorded At Request of The Tllle Guarantee Company aNTUUM By NAM TO: AAMDARD FORM rtJ OF W IOaa BOARD OF ilia DNWaM71rMf ow.a.as by ■r.■TITLE GUARANIES- RICHARD F. LARK, ESQ. NEWYORK Main Road - P. o. Box 973 Cutchogue, New York 11935 ATCOp COMly1t1Y zip W AlRnon xio��ns , �N►btJcJ��" ri , �r�Ma3 6t h{i iE Q� �' NQ(` � t W ' i PLAIV'NI G,Bo, .RD t. _� �� TO.R5-NN O `SOU ;B(O�LD 7 SL FOTY r Southold, N.Y. 11971 M1,"', (516) 765-1938 r�ry;�T�HOLD TOWN M1INING BOARD QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the Office of the Planning Board with your completed applications forms . If your answer- to any of the following questions is yes , please indicate these on your guaranteed survey or submit other appropriate evidence . 1. Are there any wetland grasses on this parcel? Yes No (Attached is a list of the wetland grasses defined by the Town Code, Chapter 97 , for your reference) 2. Are there any other premises under your ownership abutting this parcel? Yes No , 3 . Are there any building permits pending on this parcel? Yes No 4 . Are there any other applications pending concerning this property before any other department or agency? (Town , State, County, etc. ) Yes No 5. Is there any application pending before any other agency with regard to a different project on this parcel? Yes No 6 . Was this property the subject of any prior application to the Planning Board? Yes No 7. Does this property have a valid certificate Of occupancy, if yes please submit a copy of same Yes No I certify that the above statements are true and will be relied On by t P1 nning Bo r in considering this application. Si nature Of prOptrty owner or authorized d a ent a S L g ate Attachment to questionnaire for the Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss : On the 12th day of March 1992 , before me personally came RICHARD F. LARK to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public EAPDAnA DIACHl1N Notary Public,State of New Yatt No.4&U,190,Suffa Counter Cwatissbe E*=Odder 31,1902 ot Plock Project r 3/11/92 Overview I Peconic Land Trust: MR ' 7 1992 The Peconic Land Trust is a nonprofit, tax-exempt conservation SOUTNO;.^ -,! v Preservation of farmland and open space on eastern Long Island. The Trust acquires and land as well as easements for conservation purposes. In addition, the Trust assists landowners' es with the implementation of alternatives to outright development. The organization was incorporated on August 1, 1983. Since that time, over 1,000 acres of land have been protected. Current projects encompass several thousand acres. Activities: The Peconic Land Trust provides a unique planning approach to preservation and development. Our planning process begins with the goals of each landowner. Once these goals have been established, the Trust prepares a base map showing site conditions and natural features. Additional maps are prepared showing slope, soils, vegetation or hydration, as appropriate. Other environmental specialists are utilized as needed. From this information and input from the landowner, the land is divided into three categories: 1) that which should be preserved at all costs, 2) that which should be preserved if affordable and, 3) that which is suitable for limited development. The Trust then prepares several concept plans which illustrate options for the future use, ownership and management of the land. Options may range from a donation of land to a blend of conservation measures including the sale of appropriate portions of one's property. The Trust's staff carefully reviews such options with the landowner. Once an option has been selected,it is refined into a mutually agreed upon "master plan". The next step is the implementation of the plan itself. After land has been acquired, its long term management must be assured. The Trust prepares a management plan for each parcel of protected land. Some properties are passive and need minimal maintenance, while others require extensive measures to control soil erosion, restore wetlands, etc. The Trust monitors land protected by conservation easements to ensure that the restrictions thereon are not violated. In addition, the Trust can assume management responsibilities for parcels to be donated in the future as well as preserves held by others. Shellfisher Preserve: The Peconic Land Trust is currently working on a unique project which will result in the Preservation of approximately 15 acres of open space and the revitalization of a premier mariculture facility which could provide lasting benefit to Long Island's educational,commercial and recreational shellfishing community. Shellfisher Preserve is a 22-acre waterfront site located on Great Hog Neck in the Town of Southold, Suffolk County, New York (please see attached map). The property includes significant wetlands and woodlands which should be preserved as open space. In addition, the site is the former location of a seed growout system for the Shelter Island Oyster Company. According to marine science experts from the Cornell Cooperative Extension Sea Grant Program and the Plock Overview (page 2) SUNY/Stony Brook Living Marine Resources Institute, this is a 'one of a kind facility on Long Island, and one that could be put to good use by research, extension, municipalities and the commercial sector." Recently the property had been slated for maximum development with a yield of 14 lots. Such a plan would have adversely impacted the natural landscape and would also have resulted in the loss of a significant community asset which could not be rebuilt today due to regulatory constraints. Fortunately, however, the Peconic Land Trust has been authorized by the current owners to implement a preservation/limited development plan which will achieve three primary objectives: 1) preserve approximately 15 acres of open space, 2)revitalize the pre-existing mariculture facility and 3) provide a means for the owners to realize some equity in their property through limited development. Project Schedule: The Peconic Land Trust has been working with the owners of the property for the past eight months on the conceptual planning phase of this project. We have recently reached a consensus with the current owners on the previously outlined "master plan" and we are now ready to begin the implementation phase of the project. We envision a two year implementation phase during which time we will accomplish the following: 1) restore and enhance the wetlands, woodlands in the open space areas of the preserve, 2) repair the marine structures and facilities for the mariculture operation and management center, and 3) work with the research, extension, municipal and commercial shellfishing community to develop appropriate uses for the facility. At the end of the two-year implementation phase, the Trust plans to license an appropriate agency to maintain the facility for shellfish-dependent uses thereby ensuring the long-term management of the facility. Community Benefit: This mariculture facility has the potential of providing significant public benefits to the entire Long Island community. There is a growing need throughout the region for wet storage of certified shellfish, "relaying' of uncertified (polluted) shellfish and growout of hatchery seed to be purchased by baymen, townships, and other holders of underwater land throughout the Long Island Sound and Peconic Bay estuary systems. In addition, this facility could be utilized as a practical research center in conjunction with local and regional educational programs. In short, we are presented with a once-in-a-lifetime opportunity to preserve a one-of-a-kind community asset. 1-'.16-2 (2/87)-7c • • 617.21 Appendix A SE State Environmental Quality Review it FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a prof. or action may be significant. The question of whether an action may be significant is not always easy to answer. Freque ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determ significance may have little or no formal knowledge of the environment or may be technically expert in environmen analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecti the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determinati process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or actin • Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic proje data, it assists a reviewer in the analysis that takes place in Parts 2and I Part 2: Focuses on identifying the range of possible impacts that may occur r � guidance as to whether an impact is likely to be considered small to t!pr Lid large impact. The form also identifies whether an impact can l t m toporr rwehhether it is a potentiall Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 i d evaluate w impact is actually important. to evaluate whether or not [i HOID TOWN DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: Part 1 ( Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if a ❑ Part 2 []Part 3 nformation, and considering both the magitude and importance of each impact, it is reason bly deteoprite), and anylrmined by the lead agency that: supporting . ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date V 1 ART 1—PROJECT INFORMATIOA Prepared by Project $ponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Plock Shellfishes Preserve LOCATION OF ACTION(Include Street Address, Municipality and County) North of North Ba iew Road Town of Southold,CTM Suffolk -079.00-05.00-020.002) NAME OF APPLICANT/SPONSOR Richard F. Lark BUSINESS TELEPHONE ADDRESS 1518 734-6807 Main Road - P. O. Box 973, CITY/PO - CUtcho ue STATE ZIP CODE NAME OF OWNER(11 different) Annd K. P)p(7k� Carol Anne Plock, Deborah Anne BUSINESSN.ITELEPHONEI 3S Plock, William John Plock, Katherine Marian Plock, Richard F. ADDRESS erome o , r. cum Wallace e I ) Same Same CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION -- -- Minor Subdivision of 21. 7903 acre parcel into four building lots with sizes ranging from 1.5 acres to 2 . 1 acres. Project proposes an Trustxandtimprovementsrto an reserve nexisting aquaculture facility area to be conveyed to the etobe owned and managed by the Trust. Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial ❑Residential (suburban) ❑Rural (non-farm) ❑Forest ❑Agriculture NOtheryarant strnr+lims/varant land 2. Total acreage of project area: 21,7903 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or 8ru5hland (Non-agricultural) 2 . 0 Forested 15 . 5 acres 2 6 acres Agricultural Includes orchards, cropland, 0 . 0 acres 12 . 6 acres g ( P pasture, etc.) acres 0 . 0 Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) 0 . 70 . 7 acres Water Surface Area acres 0 • 7 acres 2 • 8 acres 2 . 3 3 Unvegetated (Rock, earth or fill) 0 • 7 acres Roads, buildings and other paved surfaces acres mil. 2 acres Other (Indicate type) 0 0 acres 0 9 _acres 2 . 2 acres acres 3. What is predominant soil type(s) on project site? Rdn a. Soil drainage: ❑Well drained % of site MModerately well drained 100 e ❑Poorly drained /o of site �o of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS� Land Classification System? N/A acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes a. What is depth to bedrock? l31No (in feet) 2 5. Approximate percentage of propos*oject site with slopes: L(]0-10% 0. —1-•-- ❑10-15% o/ 015% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Nationa Registers of Historic Places? ❑Yes MNo � '. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Oyes 8. What is the depth of the water table? (in feet) L�Nc Greater than 4 feet to seasonal High water tat 9. Is site located over a primary, principal, or sole source aquifer? tYes ONo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? 11. Does project site contain any species of plant or animal life that is identified as threatened eatened orYes endangered? ❑Yes IlNo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) OYes LNNo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes LytNo If yes, explain 14. Does the present site include scenic views known to be important to the community? OYes JINo 15. Streams within or contiguous to project area: NO a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name Unnamed__ _ 17. is the site served by existingb. Size (In acres) C public utilities? ]Yes ❑No aj If Yes, does sufficient capacity exist to allow connection? Oyes ❑No b) If Yes, will improvements be necessary to allow connection? 18. Is the site located in an agricultural district certified pursuant to Agriculture andaond Markets Law, Article 25-AA, Section 303 and 304? Dyes INO 19. Is the site located in or substantiall contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? klYes ❑No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes 1�3No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor _ 21 790'i b. Project acreage to be developed: 6 . 97 acres. acres initially; c. Project acreage to remain undeveloped 14. 82 acres ultimately. d. Length of N/A acres, g project, in miles: e. If the project is an expansion, indicate percent of expansion p N/A pansion proposed N/A o f. Number of off-street parking spaces existing �O' g. Maximum vehicular trips generated proposed per hour N/A (upon completion 7 h. If residential: Number and type of housingproject). units: One Family Two Family Initially _ 4 Multiple Family Condominium Ultimately A i. Dimensions (in feet) of largest proposed strut[ -- �— j. Linear feet of frontage along a height; width; length. b g public thoroughfare project will occupy ? N/A is. ft. 3 2. Flow much natural material (i.e., , earth, etc.) will be removed from thine? None tons/cubi C yards, 3. Will disturbed areas be reclaimed? ❑Yes ONO MN/A a. If yes, for what intendcc purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Dyes ONO c. Will upper subsoil be stockpiled for reclamation? Dyes ONO 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Dyes f2;No 6. If single phase project: Anticipated period of construction N/A months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated 3 (number). b. Anticipated date of commencement phase 1 April month 1992 year, (including demolition). c. Approximate completion date of final phase April month 1997 year. d. Is phase 1 functionally dependent on subsequent phases? ❑Yes (No 8. Will blasting occur during construction? Dyes JNo 9. Number of jobs generated: during construction a_r ors; after project is complete 0 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? ❑Yes MNo If yes, explain 12. Is surface liquid waste disposal involved? ❑Yes K1NO a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? Dyes �)NO Type 14. Will surface area of an existing water body increase or decrease by proposal? r7Yes ONO Explain Increase by opening inlet to Reydon Shores . 15. Is project or any portion of project located in a 100 year flood plain? Dyes CNN 16. Will the project generate solid waste? f]Yes ONO a. If yes, what is the amount per month 1 946/mo LMONTH b. If yes, will an existing solid waste facility be used? 7 lbs per capita/day,2.3 persons/house �7Yes ONO c. If yes, give name and'' A ; location cutcho¢ue d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Dyes gNo e. If Yes, explain 17. Will the project involve the disposal of solid waste? YYes ONO a. If yes, what is the anticipated rate of disposal?1,946 BS./MQons/month. b. If yes, what is the anticipated site life? —bNK-N19WN_ years. 18. Will project use herbicides or pesticides? Dyes 1INo 19. Will project routinely produce odors (more than one hour per day)? Dyes qNo 20. Will project produce operating noise exceeding the local •ambient noise levels? Dyes f7No 21. Will project result in an increase in energy use? 57Yes ONO If yes , indicate type(s) _* �*��tiFlH rfr�lTn ueFerF 22. If water supply is from wells, indicate pumping capacity 10 gallons/minute, 23. Total anticipated water usage per day I F200 gallons/day. (300GPD/LOT) 24. Does project involve Local, State or Federal funding? Dyes CXNo - If Yes, explain 4 2`. Approvals Required: Submittal Type Date City, Town, Village Board ( Yes ❑No 280A City, Town, Village Planning Board INYes ❑No Subdivision Approval City, Town Zoning Board Dyes MNo City, County Health Department IMYes ❑No Suffolk Count v Dent of Health Other Local Agencies Ayes ❑No Town Trustees Tidal WetlaEds Other Regional Agencies 1 XYes ❑No Suffolk County Planning Dept . State Agencies fXlYes ❑No NYS DEC Permits Federal Agencies MYes ❑No Army Corns of Engineers Permit C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? El Yes ❑No If Yes, indicate decision required: ❑zoning amendment Ozoning variance ❑special use permitlsubdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? R-40 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? FTnnntino-b-1 -ire What is the maximum potential development of the site if developed as permitted by the proposed zoning? Maximum development will be 4 lots 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? );)Yes 7. What are the predominant land use(s) and zoning classifications within a Y. mile radius of proposed action? ❑No 8. Is the proposed action compatible with adjoining/surrounding land uses within a Y. mile? KIYes ❑No 9. If the proposed action is the subdivision of land, how many lots are proposed? 4 a. What is the minimum lot size proposed? 1.5 acres 10. Will proposed action require any authorization(s) for the formation of sewer or water districts?11 . Will the proposed action create a demand for any communit ❑Yes �No fire protection)? QYes ❑No Y provided services (recreation, education, police, a. If yes, is existing capacity sufficient to handle projected demand? Wes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? byes ❑No ' a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or Attach any additional information as may be needed to clarify your project. If there are or may be avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsoy-PQLme Signature Date 7 2z Title �..i -''- C�,e✓T If the action is in the C---oastal Area, and you are a state agency, complete the Coastal with this assessment. Assessment Form before proceeding 5 J.-K-j _ Box ink S�utham un,NY 1l969 p: (516P85.3195 Fu,1516k830235 ego /Ks V5 FAX TRANSMISSION COVER SHEET DATE : �- 4�+ `d FROM : l-�'N -----e--•- TO : C ? ---------------- ` t ATTENTION : _�jmOe _C_C — FAX NO: RE : ----------------------------------------------------- MESSAGE: is A ea�i app 'W.Q h� � }lJ1C\ �I.S�✓r�l'vS Nl54AC V�c'1'� JtSSICI� . 1 ni'x'I$6 jNG�J C,•G �L y1..] p ' CONSW V -;O's LAge t`!�¢ I i ••J�lii� 1 oM. `q3 AP/4ycvt,E— a�s rer A-icl� 5 ( � }qc,o Seu l ,_( Ara° ✓�s Wa are sending you 11 pages including tl�Is cover sheet. If you are having any problems receiving this document:, please contact our office at (516) 283-3195. DEG22 PECOW LAMS 'TRUST }�(apl"I nc,F.O.Box 2088,$outl,ampon,NVY 11969 (5I0283,I175 Fu:(5:6)287-0275 Copy December 20, 1993 Richard Ward, Chairman Southold Town Planning Board Town of Southold, Town Hall 53095 Main Road Southold, New York 11971 Re: Plock Shellfisher Preserve(SCTM#1000-79-05-20.2) Dear Mr. Ward: As you know, the Plock Family Joint Venture (owners of the above referenced parcel) intends to convey an Open Space Conservation Easement to Peconic :Land Trust which will, among other things, limit the allowable density on the property to a maximum of four (4) additional residential units. The owners have derided to make this gift after the new year so as to receive the maximum tax benefit. I enclose a copy of th,- docurnent for your files. The Internal Revenue Code requires that specific "Conservation Purposes" be met in order for a gift of conservation easement to qualify as a charitable contribution. The criterion which most often applies to easements granted on Eastern Long Island is that the gift of easement be "pursuant to a clearly delineated Federal, state, or local governmental conservation policy and will yield a significant public benefit." Therefore, it would be most helpful if the Planning Board could pass a resolution which supports this action. Such a resolution could be included in the introduction of the casement (please see page one of easement). I enclose a draft copy of a resolution for the Planning Board's consideration. Thank you very much. Sincerely, TmIdih Ca Hied Assistant Director cc: R. Lark, Esquire 0 i TMR54 Resolution No. December 20, 1993 The following resolution was introduced by seconded by and adopted: and WHEREAS, it is tz'te policy of the Town of Southold to conserve its open spaces; WHEREraS, the Town has clearly defined, delineated and implemented its policy of conserving its open space by: I. The adoption of Chapter 59, Open Space Preservation of the Town Code, by the Town Board which determined that it is in the nub!;-. interest to preserve and maintain open space within tine Town of Southold. 2. The implementation by the Town of an Open Space Bond Act to purchase open space and development rig..rts from the owners of open lands in the Town of Southold. This bond act was approved by public referendum; and 3. The adoption by the Town Board of a local law creating a "Land Preservation Committee" which reviews all matter relevant to preservation of open space in Southold Town; and 4. The adoption by the Town Board Of a local law (No. 1-1989) providing for Cluster Development, specifically for the purposes of conserving "land and protection of groundwater supply and groundwater recharge areas...and preservation of scenic qualities of open space." WIi1 kEAS, despite the continues efforts of the different levels of government, open space to_be converted to other uses in Southold; and WHEREAS, the Planning Board of the Town of Southold wishes to encourage other methods of open space preservation including the voluntary granting of conservation casements by private landowners to private conservation organizations; and WHEREAS, Anna K. Plock and others (operating under the name of "Plock Family ,V') are the owners of land situate North of North Bayview Road, Town of Southold, New York, identified as SCTM# 1000-79-05-20.002, comprising approximately 22 acres as shown on the "Map of Lands of Anna K. Plock" W; prepared by Young & Young Surveyors; and WFIEEREAS, Plock Family JV wishes to convey to Peconic land Trust, it not-for- profit charitable organization an Open Space Conservation Easement to the Peconic Land Trust, a Not-For-Profit charitable organization qualified under Section 170 h) (3 of the Internal Revenue Cade of 1985 (amendatory or supplemental legislation) a )conservation easem-rt primarily to reduce the allowable density from approximately 14 lots to no greater than five tots; four lots which will be developed for new single family residences, and the fifth lot which is to contain all the existing buildings and boat docking facilities, which will be used primarily for open space and as a resource for mariculture, scientific and educational purposes; now therefore, be it RESOLVED, that the Planning Board of the Town of Southold hereby determines that the Open Space Conservation Easement which the Plock Farr.ily Joint Venture*intends to convey to the Peconic Land Trust in January of 1994 will be made pursuant to the Town, clearly delineated public policy of preservi that said conveyance wi ng open space and ll yield a significant public benefit, and, be it further Ls D a f GRANT OF OPEN SPACE CONSERVATION EASEMENT THIS GRANT OF OPEN SPACE CONSERVATION EASEMENT, is made on the day of January, 1994 at Southampton, New York. The parties are ANNA K. PLOCK, residing at 945 Hobart Road, Southold, New York; CAROL ANNE PLOCK, residing at 10003 North Bayview Road, Southold, New York; DEBORAH ANNE PLOCK, residing at 10003 North Bayview Road, Southold, New York; WILLIAM JOHN FLOCK, residing at 945 Jockey Creek Drive, Southold, New York; KATHERINE MARIAN FLOCK, residing at 10003 North Bayview Road, Southold, New York; CAROL ANNE PLOCK as TRUSTEE UNDER THE WILL OF JOHN L. PLOCK,JR., residing at 10003 North Bayview Road, Southold, New York; and RICHARD F. LARK, residing at 28785 Main Road, Cutchogue, New York, JEROME F. HOLUB, JR., residing at 78 Debbie Place, Berkley Heights, New Jersey, and WALLACE KANDELL, residing at (no#) Basket Neck Lane, Remsenberg, New York, as TRUSTEES OF THE TRUST UNDER THE WILL OF JOHN L. PLOCK (herein collectively called "Grantor") and PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York Corporation, having a principal office at 30 Jagger Lane (P.O. Box 2088), Southampton, New York 11969 (herein called the "Grantee"). INTRODUCTION WHEREAS, the Grantor is the owner in fee simple of certain real property (Tax Map # 1000-79-5-20.2) located North of North Bayview Road, Town of Southold, Suffolk County, described in EXHIBIT A, attached hereto and hereinafter referred to as the "Property"; and WHEREAS, the Property has substantial and significant value as an educational and scientific resource by reason of the fact that the site was the former location of a shellfish seed growout system for mariculture purposes; and WHEREAS, clamming throughout Eastern Long Island is a popular recreational activity and is also a commercial activity, as is the harvesting of oysters and other shellfish, which activities can be enhanced through mariculture; and WHEREAS, marine science experts from the Cornell Cooperative Extension Sea Grant Program and the SUNY/Stony Brook Living Marine Resources Institute have determined that the Property is unique on Long Island, and one which could be used for research, extension and municipalities to enhance recreational and commercial shellfishing and mariculture as defined by Aquaculture Development in New York State (1986); Apuaculture in New York State - Technology Research and onomi D v lopment Prospects (1988) and Environmental Conservation Law Section 13 -0316 - Marine hatcheries, off-bottom and on-bottom culture permits; and WHEREAS, the Property is located in the R40 Zoning District of the Town of Southold and has a yield of (14) single-family residences according to a map of the property prepared on _ by Conservation Advisors which map is on file at the Peconic Land Trust office; and WHEREAS, the Planning Board of the Town of Southold has endorsed the conveyance of this Open Space Conservation Easement by resolution dated and WHEREAS, the Board of Trustees of the Town of Southold has endorsed th conveyance of this Open Space Conservation Easement by resolution dated and WHEREAS, the Grantor wishoo grant an Open Space Conservation Easement on the Property so that a portion of the Property (hereinafter referred to as the "Mariculture Area") shall remain in its open, undeveloped, and natural state except for the following uses: mariculture activities, one (1) single family residence and boat docking facilities for the mariculture purposes and new residences as defined hereafter; and the remainder of the Property (hereinafter referred to as the "New Residential Area") may be further developed only with four additional single-family residences with appurtenant structures and improvements (see attched Exhibit B); and WHEREAS, the Suffolk County Legislature has designated the Property and land surrounding Shelter Island Sound to be a "critical environmental area" as part of the Peconic Bay Estuary; and 1 DEG 2 119M • WHEREAS, the Property has frontage on public waters and offers the public scenic vistas of wetlands and wildlife habitat; and WHEREAS, the Grantor and the Grantee recognize the value and special character of the region in which the Property is located, and the Grantors and the Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, natural, tangible and intangible values of the Property as a natural, aesthetic, scientific and educational resource; and WHEREAS, the Grantee has determined it to be desirable and beneficial and has requested the Grantor, for itself and its successors and assigns, to grant an Open Space Conservation Easement to the Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW,THEREFORE: 0.01 Grantor's Warranty Grantor warrants and represent to the Grantee that Grantor is the owners in fee simple of certain real property located North of North Bayview Road, Town of Southold, Suffolk County, New York, described in Exhibit A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grant . .'s Status Grantee warrants and represents to Grantor that Grantee is a Not-For-Profit charitable organization qualified under Section 170(h)(3) of the Internal Revenue Code of 1986, and any amendatory or supplemental legislation (herein called "the Code"), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural, scenic and natural values of rural lands located in Suffolk County of Long Island. 0.03 Purpose The parties recognize the educational, scientific, scenic and agricultural values of the Property and have the common purpose of preserving these values. The Grantor intends to convey an Open Space Conservation Easement on the Property by Grantors to Grantee, exclusively in furtherance of federal and New York State conservation policies for the purpose of preserving its open space character in perpetuity for environmental, educational, scientific, scenic, natural and recreational values, by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions herein. 0.04 oy .rnment Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural and open condition through conservation restrictions by enactment of Environmental Conservation Law, Section 49-03031, et. seq. and General Municipal Law, Section 247, and the federal government has recognized and encouraged such efforts through Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Open Space Conservation Easement on the Property, as determined by its Board of Directors, at a duly constituted meeting of that Board, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open land. 0,06 Documentation The Grantee acknowledges by acceptance of this Easement that Grantor's historical and present uses of the Property are compatible with the purpose of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, wildlife, watershed, wetland, scenic, and aesthetic resources and otherwise to aid in identifying and 2 documenting the Property's open space values as of the date hereof, to assist the Grantor and Grantee with monitoring the development and use of the Property and ensuring compliance with the terms hereof, the Grantee shall maintain, with the Grantor's full cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Data") and shall submit the same to the Grantor for their review. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time of the gift of this Easement an inventory of the Property's relevant features and conditions (the "Baseline Data"). The Baseline Data may include, but need not be limited to, aerial photographs, photographs of the Property, topographical maps, a description and site plan of existing land uses, features, and structures. The Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's historical and present uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs, or other evidence to assist in the resolution of the controversy. 0.07 Recitation In consideration of the previously recited facts, mutual promises, undertakings and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type The Grantor conveys an Open Space Conservation Easement (herein called the "Easement"). The Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited in this Grant of Easement. Reference to "the Easement" or its "provisions" in this Grant of Easement shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the property in perpetuity. 1.03 Effect The covenants, terms, conditions, restrictions and purposes of this Easement shall run with the Property as an incorporeal interest in the Property, and shall bind the successors and assigns of each of the parties respectively. The Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, heirs, personal representatives, successors and assigns, and all other individuals and entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each of its agents, successors, and assigns and each such following successor and assign, and the word "Grantee" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted by Grantor shall also be deemed granted by each of its agents, successors, and assigns and each such following successor and assign, and the word "Grantor" when used herein shall include all of those persons or entities. ARTICLE TWO fin GRANTOR hereby voluntarily grants, releases and conveys to Grantee, as an absolute gift, the Easement, in perpetuity, together with all rights to enforce it, as recited herein, against Grantor and all future owners, tenants and occupants. Grantee hereby accepts the Easement in perpetuity, and undertakes to enforce it against Grantor and all future owners and tenants and occupants. 3 ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures The construction or placement of buildings or structures of any kind or nature, permanent or temporary, on, over or under the Property except as permitted in Section 4.07 herein. Structures and improvements, including, but not limited to, driveways, catwalks, trails, floating docks, and agricultural structures as permitted in Section 4.07 hereof, may not be made on, over, or under the Property without the prior written consent of the Grantee, which may be granted if the structure or improvement does not defeat or derogate from the purpose of this Easement. 3.02 Excavation and Removal of Materials The dredging or mining of the Property other than routine maintenance of ponds and tidal waterways, to maintain present and future driveways on the Property, and to construct and maintain the permitted structures and improvements in the Mariculture Area with the prior written consent of the Grantee. The removal of topsoil, sand, or other materials shall not take place on the Property nor shall the topography of the Property be changed except to the extent needed to maintain and preserve the existing vegetation and as may be necessary to undertake and maintain the improvements permitted in Section 4.07. 3.03 Subdivision The subdivision or partitioning of the Property without the prior written consent of the Grantee, which may be granted if that subdivision or partition does not defeat or derogate from the purpose of the Easement. However, such consent shall not be unreasonably withheld. The parties agree that any such subdivision will not exceed five residential plots including the existing residence as permitted in section 4.04. 3.04 Development Rights The use of acreage within the Property for purposes of calculating lot yield for the Property. Grantor grants to the Grantee all development rights except as specifically reserved herein and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to adjacent parcels. 3.05 Cuttinc of Timber The cutting or harvesting of timber except for the following purposes: a) to clear and restore forest cover that has been damaged or disturbed by forces of nature or otherwise, b) to prune and selectively thin trees to create vistas in accordance with good forest management practices and the purposes of this Easement, as determined by the Grantee in its sole discretion, c) to maintain present and future driveways on the Property, and d) to construct and maintain the permitted structures and improvements permitted in Section 4.07 with the prior written consent of the Grantee. 3.06 Dumoina The dumping or accumulation of trash, garbage, sawdust, ashes, chemical waste or other unsightly or offensive material on the Property, except the temporary storage of waste materials from mariculture activities as permitted in Section 4.05. 3.07 Sions The display of signs, billboards, or advertisements on the Property except signs, whose placement, number, and design do not significantly diminish the scenic character of the Property and only for the following purposes: a) to state the name of the Property and the 4 names and addresses of the occupants, b) to temporarily advertise the Property or any portion thereof for sale or rent, c) to post the Property to control unauthorized entry or use, and d) to announce the Grantee's open space conservation easement. 3.08 Landscaping Activities The removal of trees, shrubs, or other vegetation from the Property, except as provided by Section 4.05, 4.07 and 4.08. 3.09 Utilities The creation or placement of utility transmission lines, utility poles, or wires on the Property, except with the Grantee's prior written consent and as provided for in Section 4.07 herein. ARTICLE FOUR r2RANTOR'S RIGHTS 4.01 Ownership Subject to this Easement, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and permitted or not prohibited by the Easement as well as applicable New York State law and which would not defeat or derogate from the purposes of the Easement. 4.04 Subdivision Grantor shall have the right to subdivide the Property into no more than 5 lots (as shown more or less in Exhibt B) and as provided in section 3.03 hereof. Four of such lots shall be in the new Residential Area and one in the Mariculture Area. 4.05 Mariculture Activities Grantor shall have the right to continue the historical use of the property for Mariculture Activities if prior approval therefore is obtained in writing from the appropriate government and regulatory authorities. 4.06 Other Activities In the event that the property can no longer be used for educational, scientific or research purposes related to mariculture as described herein, the Property shall be used for other open space purposes , including wildlife habitat or parkland. In the event that the property is no longer used for mariculture purposes, however, the Grantor reserves the right to one single family residence as allowed in Section 4.07 below. 4.07 Structures A Allowable Improvements - New Residential Area. Grantor reserves the right to construct repair, remodel, reconstruct and maintain no more than four (4) single family residences in the New Residential Area with accessory structures and improvements and shall have the right to remove trees, shrubs, or other vegetation reasonably necessary to construct, repair, remodel, reconstruct, and maintain the single family residences and accessory structures and improvements including, without 5 • • limitation, driveways, garages, storage sheds, septic systems and leaching fields, swimming pools, pool houses, tennis courts, or other family-scale athletic facilities as permitted by the Town Code of the Town of Southold. Such structures shall be placed on the lots shown in Exhibit B within the building envelopes indicated on that exhibit and no structures shall be built within a 75 foot buffer area extending back from the MHW line with the exception of bulkheading which may be approved by focal and state regulatory agencies for the specific purpose of controlling or preventing erosion. B. Allowable Improvements - Mariculture Area. Grantor shall have the right to construct, repair, remodel, reconstruct, and maintain the following improvements on the Mariculture Area: ( 1 ) Mariculture Structures, including but not limited to the footprints of existing accessory structures as shown on a map of the property (Exhibit B). Grantor shall only have the right to expand or extend any existing accessory structures and improvements provided such expansion does not exceed 100% of the existing square footage of such structure (exclusive of basement area) on the date of this easement and as permitted by the Town Code of the Town of Southold; and ( 2 ) Boat docking facilities used exclusively for the mariculture facility and/or for private recreational use. ( 3 ) Access Drives, to provide access to the improvements permitted herein; and ( 4 ) Fences;and ( 5 ) Facilities normally used in connection with supplying utilities, removing sanitary sewage effluent, and controlling stormwater runoff from the improvements permitted under the terms of this Easement. ( 6 ) One Single Family Residence; Whereas there is an existing residence/Caretaker Cottage on the Mariculture Area and the parties agree that grantor may always construct and maintain one single family residence on the Mariculture area, in the event grantor demolishes and removes the existing residence/caretaker cottage, it may construct a new replacement single family residence elswhere on the Mariculture area with accessory structures and improvements and shall have the right to remove trees, shrubs, or other vegetation reasonably necessary to construct, repair, remodel, reconstruct, and maintain the single family residences and accessory structures and improvements as permitted by the Town Code of the Town of Southold. C. In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvement impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted within the same location subject to the review and written approval of Grantee, not to be unreasonably withheld. D. The use and location of such improvements shall be consistent with the conservation purposes intended herein, and constructed by methods which are attentive to minimizing disturbances to the environment, including but not limited to minimal removal of vegetation, minimal movement of earth, and minimal clearance of access routes for construction vehicles. 4,08 Landscapina Activities Grantor shall have the right to continue the historical modes of landscaping, pruning, and grounds maintenance of the Property. Grantor shall have the right to remove trees shrubs, or other vegetation when dead, diseased, or dangerously decayed. Spraying with biocides shall be permitted only in conformance with the appropriate local and state regulatory agencies. 4.08 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property which could adversely affect the conservation purposes which are the subject of this Easement. 6 4.09 Alienability Grantor shall have the right to convey all or any part of its remaining interests in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full names and mailing addresses of all Grantees, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting forth the date, office, Tiber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTORS OB I GATION4 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges which may become a lien on the Property, including any taxes or levies imposed to make those payments. If Grantor fails to make such payments, Grantee is authorized to make such payments (but shall have no obligation to do so) upon ten days prior written notice to Grantor, according to any bill, statement or estimate procured from the appropriate public office without inquiry into the accuracy thereof. That payment, if made by Grantee, shall become a lien on the Property of the same priority as the item if not paid would have become, and shall bear interest until paid by Grantor at two percentage points over the prime rate of interest from time to time charged by Citibank, N.A. 5.02 Maintenance Grantor, at his/her sole expense, shall continue to maintain the Property in the same physical condition as it is on the date of, and in conformance with, this Easement. However, nothing contained in this Easement shall be construed to require the Grantor to repair any injury to or change in the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement. ARTICLE SIX INDEMNIFICATION 6.01 Grantor's Obligations Grantor shall indemnify and hold Grantee harmless from any charges or liens imposed upon Grantee arising from the physical maintenance and upkeep of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered the Grantor's obligations. 6.02 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorney's fees, standard fees awarded by court, judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: a) from injury to persons or damages to property arising from any activity on the Property, except those due solely or partly to the acts of the Grantee, its officers, employees, agents, or independent contractors; and b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 7 ARTICLE SEVEN GRANTEES RIGHTS 7.01 Entry and Inspection Grantee shall have the right to enforce the purposes of this Easement by injunctive relief and to that end shall have the right to enter upon the Property at reasonable times, upon reasonable prior notice to Grantor, and in a manner that will not interfere with the Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld, and for purposes of scientific research such as collection of data and the placement and monitoring of resource sampling and data collection equipment. Grantee shall not have the right to enter upon the Property for any other purpose, except as provided in Section 7.03, nor to permit access upon the Property by the public. 7.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that the Grantee may reasonably deem necessary. However, it is understood and agreed by the parties hereto that the Grantor shall not be liable for any changes to the Property caused by action of the elements, any natural disaster or act of God, or by action of any governmental authority. 7.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of the Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the Grantee's rights or otherwise to further the purpose of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (1) to institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) to enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto or on the date hereof, or to such condition as is expressly permitted hereby or as may be pursuant to the terms hereof, as Grantee deems appropriate under the circumstances, or (iii) to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by Grantee (herein called "legal expenses") in connection with any proceedings under this Section 7.03. 7.04 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SEVEN shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any remedy or relief or the use of such remedy or relief at any other time. 7.05 Assignability Grantee shall have the right to assign any and all of its rights and responsibilities under this Easement, and any and all of its right, title and interest in and to this Easement only to the Town of Southold or another qualified organization (herein called "the Assignee"). As used herein: the term "qualified organization" means a not-for-profit corporation which is qualified to receive such interests pursuant to Article 49 of the New York Environmental Conservation 8 Law, and is a qualified organization within the meaning of Section 170(h)(3) of the Code, which is organized or operated primarily or substantially for one of the conservation purposes specified in Section 170(h)(4)(A) of the Code or a governmental unit or agency as provided in said Code section. Any assignment by Grantee or Grantee's successors must require the Assignee or Assignee's successors to carry out the purpose of this Easement. The Assignee and its successors and assigns shall have the same right of assignment. 7.06 Succession If at any time Grantee or any successor or assignee is unable to enforce this Easement fully or fails to do so, or if Grantee or any successor or assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section 170 (h)(3) then the easement shall be vested in the Town of Southold or such other qualified organization the Grantee shall designate. If, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of its rights and responsibilities under this Easement and all of its right, title and interest in and to the Easement to a qualified organization, then the rights and responsibilities under this Easement shall become vested in and fall upon another qualified organization in accordance with a cy pres proceeding brought in any court of competent jurisdiction. 7.07 Extinguishment This easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 7.07, the fair market value of such right and interest shall be equal to the difference, as of the date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby (such difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinafter referred to as the "Proportionate Share"). In the event a material unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, resulting in an extinguishment of this Easement or any material term or provision hereof by a judicial proceeding; then upon a subsequent transfer of title to the Property by sale, gift, devise, exchange, taking by eminent domain or by purchase in lieu of a taking, Grantor (or any successors or assigns) shall pay to Grantee an amount equal to the greater of (x) the consideration paid by Grantee to Grantor for this Easement or (y) the Proportionate Share of the proceeds of such transfer. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the Property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered proceeds. The Grantee shall use such proceeds actually recovered by it in a manner consistent with the purpose of this Easement. The respective rights of Grantor and Grantee set forth in this Section 7.07 shall be in addition to, and not in limitation of, any rights they may have by law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. ARTICLE EIGHT MISCELLANEOUS ANFC1US 8.01 Entire Understandino This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 8.02 Amendment This Easement is made with the intention that it shall qualify as a conservation easement in perpetuity under I.R.C. Section 170 (h). The parties agree to amend the provisions of this Easement in such manner as may be indicated by the Internal Revenue Service, as a result of final determination after audit of the federal income tax return of the Grantor, to entitle the 9 Grantor to the charitable deduction described in I.R.C. Section 170 (h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This Easement can be terminated or modified only in accordance with the common and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain of the restrictions contained in this Easement. To this end, Grantee and Grantor shall mutually have the right, in their sole discretion, to agree to amendments to this Easement which are not inconsistent with the basic purpose of the Easement set forth in the Introduction hereof; provided, however, that Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid conservation easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended or any regulation issued pursuant thereto, or Section 170(h) of the Internal Revenue Code governing "Qualified Conservation Contributions." The parties acknowledge the boundaries of the Open and Development Areas may have to be adjusted to accommodate the Town of Southold at such time that the Property is subdivided as provided herein, and the parties agree to cooperate in such boundary line adjustments as may be necessary, provided said adjustments would not result in diminution of the Easement Area, or an increase in the number of lots or primary structures to be developed by the Grantor. 8.03 Severability Any provision of this Easement, restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement which is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 8.04 Notice All notices required by this Easement must be written. Notices shall be given either by manual delivery or by mailing In a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 8.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the President, or to such other address as Grantee may designate by notice in accordance with this Section 8.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 8,05 Governing Law New York law applicable to conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 8.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement as intended by Grantor. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and, this Easement shall be interpreted broadly to effect the purposes of the Easement as intended by Grantor. The parties intend that the Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 10 r r 8.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property. 8.08 Warranties The warranties and representation made by the parties in this Easement shall survive its execution. 8.09 Binding The covenants, terms, conditions, restrictions and purposes of this Easement shall run with the Property, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, heirs, personal representatives, successors and assigns. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each of its agents, successors, and assigns and each such following successor and assign, and the word "Grantee" when used herein shall include all of those persons or entities. 8.10 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk. 8.11 Headinas The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Open Space Conservation Easement on the day and year set forth above. WITNESS: ACKNOWLEDGED AND ACCEPTED: PLOCK FAMILY JOINT VENTURE (Grantor) BY: --------------------------------------------- ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST, INCORPORATED (Grantee) BY: -------------------------------------------- John v.H. Halsey President STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On this day of 1994, before me personally appeared to me known and known to me to be the Grantor mentioned and described in, and who executed the foregoing instrument, and he/she duly acknowledge to me that he/she executed the same. Notary Public 11 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On this day of , 1994 before me personally appeared JOHN v.H.. HALSEY, who, being by me duly sworn, said that he resides at 469 Majors Path, Town of Southampton, New York,that he is President of PECONIC LAND TRUST, INCORPORATED the Grantee mentioned and described in and which acknowledge and accepted all of the rights and responsibilities under the foregoing instrument and the Easement conveyed therein; that he knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the Board of Directors of the said Corporation; and that he signed his name thereto by like authority. Notary Public [REVISED: 12/20/931 EXHIBIT A: Description of the Property 12 PECONI�AND TRUST Su6FJC 30 Jammer Lane,P.O.Box 2088,$ou[hamp[oq Ny 11969 (516)2833195 Fax:(516)283-0235 �S December 20, 1993 Richard Ward, Chairman Southold Town Planning Board Town of Southold, Town Hall 53095 Main Road Southold, New York 11971 Re: Plock Shellfisher Preserve (SCTM#1000-79-05-20.2) Dear Mr. Ward: As you know, the Plock Family Joint Venture (owners of the above referenced parcel) intends to convey an Open Space Conservation Easement to Peconic Land Trust which will, among other things, limit the allowable density on the property to a maximum of four (4) additional residential units. The owners have decided to make this gift after the new year so as to receive the maximum tax benefit. I enclose a copy of the document for your files. The Internal Revenue Code requires that specific "Conservation Purposes" be met in order for a gift of conservation easement to qualify as a charitable contribution. The criterion which most often applies to easements granted on Eastern Long Island is that the gift of easement be "pursuant to a clearly delineated Federal, state, or local governmental conservation policy and will yield a significant public benefit." Therefore, it would be most helpful if the Planning Board could pass a resolution which supports this action. Such a resolution could be included in the introduction of the easement (please see page one of easement). I enclose a draft copy of a resolution for the Planning Board's consideration. Thank you very much. Sincerely, i Tim o lyVCafield Assistant Director cc: R. Lark,Esquire DEC 2 1 19M L • NICHOLAS A. PACE, M.D. GENERAL MOTORS BUILDING 767 STN AVENUE, 9TH FLOOR NEW YORK, NEW YORK 10153 TELEPHONE (212)418-6450 914-779. 1411 C HI November 15, 1993 Richard G. Ward Chairman Southold Planning Board Dear Mr. Ward, I have been a resident of Southold since 1980 with a house in Reydon Shores on Reydon and Lake Drives. (Suffolk County Tax Map Number 1, 000. 80. 3 . B. Map 1215 BL. F L & 9 & 10 & S31 of Lot 11. Reydon Shores Re-Subdiv. ) My address is 1760 Reydon Drive, Southold. I am writing you in regards to the Plot Family Land Trust Project. First, my family, neighbors, and I want to compliment the Land Trust project on what a fine job they have done thus far. However, my neighbors and I are very concerned with the appearance of the Quonset Hut. We are requesting that a landscaping screen of mature evergreen trees be installed along side the Quonset Hut so that it will not be as visible and will blend in with the natural environment. As you can see by the photographs that I have enclosed, the Quonset Hut, without this screen, can be quite unsightly and intrusive. It is our hope that the planning board & the Land Trust take proper action to solve this unattractive problem. Please keep me informed as to what action the board takes on this matter. Thank you for your kind attention. Sincerely, Nicholas A. Pace, M.D. cc: " ee Assistant Planner Town of Southold ��I7I93 �t IgnY ;w��mn� reQ evi kc lel�erz E' 1a�6 ��i3 Work Se Ss o1v, So�ses-6s -L spaice is 'Drz, t ce. Qnc9 mrormec� )wn o� S Inc. tn4;(irVla NC, '&,,ass cpoSc JSS 1 e. . i• 1�. ¢I !4 l-W S:- 1 NICHOLAS A. PACE, M.D. ,5_ 1 -7 GENERAL MOTORS BUILDING 767 STH AVENUE, 9TH FLOOR NEW YORK, NEW YORK 10153 TELEPHONE (212) 418-6450 November 15, 1993 Richard G. Ward Chairman Southold Planning Board Dear Mr. Ward, I have been a resident of Southold since 1980 with a house in Reydon Shores on Reydon and Lake Drives. (Suffolk County Tax Map Number 1, 000. 80. 3 . B. Map 1215 BL. F L & 9 & 10 & S31 of Lot 11. Reydon Shores Re-Subdiv. ) My address is 1760 Reydon Drive, Southold. I am writing you in regards to the Plot Family Land Trust Project. First, my family, neighbors, and I want to compliment the Land Trust project on what a fine job they have done thus far. However, my neighbors and I are very concerned with the appearance of the Quonset Hut. We are requesting that a landscaping screen of mature evergreen trees be installed along side the Quonset Hut so that it will not be as visible and will blend in with the natural environment. As you can see by the photographs that I have enclosed, the Quonset Hut, without this screen, can be quite unsightly and intrusive. It is our hope that the planning board & the Land Trust take proper action to solve this unattractive problem. Please keep me informed as to what action the board takes on this matter. Thank you for your kind attention. Sincerely, Nicholas A. Pace, M.D. cc: Melissa A. Spiro Assistant Planner Town of Southold _ SuaFc� TRUSTEES �0,bFFGL ,`; SUPERVISOR John M. Bredemeyer, III, President ®� ��Fr SCOTT L. HARRIS Albert J. Krupski, Jr., Vice President Henry P. Smith y t' �;' "` Town Hall John B. Tuthill ,. ii` T 53095 Main Road William G. Albertson ;a _' `� P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 � Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 29, 1993 Chris Pickerell Wetland Restoration P.O. Box 186 Laurel, NY 11948 RE: Plock Property SCTM #1000-79-5-20.2 Dear Mr. Pickerell: The following action was taken by the Southold Town Board of Trustees on Thursday, October 28, 1993 : { RESOLVED that the Southold Town Board of Trustees approves the plan of Chris Pickerell for the restoration area on the plock property dated October 27, 1993 . If you have any questions, please do not hesitate to contact this office. Very truly yours, Albert J. Krupski, Jr. Vice-President, Board of Trustees ALK: jmd CC: Tim Caufield Bruce Anderson Planning Board v F,t OCT 2 919M Wetland Restoration Christopher Pickerell, M.S. Specializing in Coastal Wetland Science P.O. Box 186 Laurel, New York 11948 Albert J. Krupski, Jr. October 27, 1993 Southold Town Trustees Town Hall Main Road Southold, NY 11971 Dear Mr. Krupski: Enclosed please find a copy of the mitigation plan for the Plock property. Pending your approval, I would like to initiate construction as soon as possible. Sincerely Yours, Chris Pickerell a- Enclosure cc. Tim Caufield Bruce Anderson i I Creation and Restoration of Freshwater and Coastal Wetlands (516) 298-0123 r _ I _ Wetland Restoration Christopher Pickerell' M.S. Specializing in Coastal Wetland Science P.O. Box 186 laurel, New York 11948 Plock Property Mitigation Plan Existing Intermittently Flooded Wooded Wetlands The three existing wetlands on the site that are to be impacted consist of three low-lying areas comprising a total area of approximately 0.8 acres. The following brief descriptions are based on field observations and the numerical designation is that used by Bruce Anderson in an letter dated January 25, 1992 to John Bredemeyer of the Southold Board of Trustees (See attached). Wetland#1- There are no plans to impact this area. Wetland#2-This wetland is adjacent to the east side of the tidal lagoon at an approximate elevation of 5' and comprises an area of 0.3 acres. As noted by Bruce Anderson this area is characterized by a relatively low species diversity and is overgrown with Phragntites australis (Common Reed) and Smilax rotundifolia(Common Greenbrier). Other species growing on this site include Nyssa sylvatica(Black Gum), Vaccinum corymbosut (Highbush Blueberry), Carex crinita (Fringed Sedge), and Betula populifolia(Gray Birch) on a high spot in the center of the depression. Wetland#3-This wetland is east of the common driveway at an approximate elevation of 4.1', comprising an area of 0.2 acres. This shrub swamp area is characterized by a considerable diversity of wetland deciduous shrubs. Existing Species include 3-5 year old Acer rubrum (Red Maple), Nyssa sylvatica(Black Gum), Vaccinum corymbosum (Highbush Blueberry), Clethra alnifolia(Sweet Pepperbush),Aronia arbutifolia(Red Chokeberry) and young Rhododendron viscostnn (Swamp Azalea). As noted by Bruce Anderson there are also dead and decaying trees (species unknown) in the depression. Wetland#4 - This is the northern-most wetland on the property at an elevation of 0.7' and comprising and area of approximately 0.3 acres. This area is the lowest and wettest of all three and is found within a larger low-lying area composed of wetland and upland species. The center of the depression appears to be inundated with water for most of the year and supports numerous OBL and FAC species which include Phragmites australis (Common Reed), Carex crinita(Fringed Sedge), Carex tribuloides(Bristle Bract S dge), Proserpinaca palustris (Mermaid-weed), Triademtm virginicum (Marsh St. John's- ort), Thelypteris thelypteroides (Swamp Fern) and Scirptts cyperimts(Wool Grass). p, central area that contains the above species is within a larger patch of organic sediment(Peat Outside of this area, at the edge of the depression there are numerous (FAC) deciduo trees and wetland shrubs including Acer rubruni(Red Maple),Nyssa sylvatica (Black Gum), Vaccinum corymbosum(Highbush Blueberry), Clethra alnifolia (Sweet Pepperbush),Aronia arbutifolia (Red Chokeberry) and Rhododendron viscostan (Sw Azalea). Creation and Restoration of preshivater and Coastal Wetlands (516) 298-0123 f - Wetland Restoration Christopher Pickerell, M.S. Specializing in Coastal Wetland Science P.O. Box 186 Laurel, New York 11948 Functional Value of Existing Wetlands Ranking Value Wetland #2 Wetland #3 Wetland #4 fish L L L wildlife/waterfowl L L-M L stormwater management(retention L L L or detention) water purification L L L flood control (attenuation or storage) L L M groundwater recharge M L-M H shore erosion control and NA NA NA sediment stabilization education and aesthetics L M L-M Creation and Restoralion of Freshivater and Coastal Wetlands (516)298-0123 E Wetland Restoration Christopher Pickerell• M.S. Specializing in Coastal Wetland Science n P.O. Box 186 Laurel, New York 11948 - a Wetland Compensation Alternatives The property offers two suitable locations for wetland creation and/or enhancement on the west side of the lagoon within the Peconic Land Trust's easement. One area, currently occupied by a dense stand of Phragmites would involve excavation of rhizomes followed by chemical control of the remaining propagules;the other area just south of the above site lies within a naturally moist area which would require some excavation and plan'.. Restoration of the phragmitic area requires the use of the herbicide," yphosate) and would take considerably longer given the need for opening up the S.E.Q.R.A. review process. Use of this material would be very time consuming due to the need to apply and wait several weeks for effectiveness (more than once). In addition, the groundwater elevation in this area has risen to within 1 ft. of the soil surface due to recent rain events. This condition alone, precludes excavation on this site until late Summer of 1994. On the other hand, construction within the second area could be initiated immediately. The following wetland creation proposal concentrates on this second area. Proposed Wetland Creation Area Site Conditions The proposed wetland creation site is within the 12.6 acre parcel of land adjacent to (west of) the tidal lagoon. This parcel will be transferred to the Peconic Land Trust as a conservation easement. The entire area is wooded and dominated by Maples and several Oak species. Soils on the site are Riverhead sandy loam with 3 to 8 percent slopes. Depth to the groundwater table in this area ranges from 1-4 ft. depending on time of year. The groundwater table fluctuates approximately 2-3 ft. on an average year. The proposed creation work would involve removal of a minimum number of trees to maintain the existing plant canopy and prevent colonization of the site by invasive species such Phragmites (See attached plan). Following tree removal a serpentine excavation wits, be made to bring the ground level down to a point where it will intersect the grouridwat4r table during part of an average year(See cross-section). As a result of this groundwater fluctuation, the area will be seasonally flooded and support numerous FAC and OBL wetland species. Plantings on the site will consist of several emergent herbaceous emergent and woody shrub species native to the area(See planting specifications) and found in local "reference" wetlands. Following excavation this Fall, seeds of two emer nt species will be sown. These plants will stabilize the soil in the Spring and add to the organic matter on the site. Other species, including the woodies, will be planted in spring. Creation mid Restoration of Freshwater and Coastal Wetlands (516) 298-0123 E 15' 0' 15' 30, SCALE Seasonally flooded wetland ® Temporarily flooded wetland Existing moist �"� {gymr ❑ deciduous woods t.a � Cross section detail Excavation and planting area Edge of moist woods buffer Groundwater observation well A Al N Phragmitic 1 10 © t area—� x s:;p;::r. 1.5 Lagoon ,F f =i Edge of tidal wetlands Proposed NOTES: mitigation The above proposed contours reflect the existing micro- site topography and take into account the preservation of existing FAC+tree species including Red Maple, Black 1 Gum and Swamp White Oak. t Final contours to be delineated in the field by Chris Pickerel]. Wetland Restoration E - PLOCK PROPERTY WETLAND CREATION PLAN EXISTING PROFILE AT APPROXIMATELY AREA TO BE EXCAVATED • ELEVATION 4' A _ PR_OPO_SED PROFILE Al SEASONALLY HIGH GROUND WATER ELEVATION 2-2.5' SEASONAL GROUND WATER FLUCTUATION SEASONALLY LOW GROUND WATER ELEVATION TEMPORARILY FLOODED TEMPORARILY FLOODED WETLAND TO BE PLANTED SEASONALLY FLOODED EMERGENT/SHRUB WETLAND WETLAND TO BE PLANTED ACCORDING TO TO BE PLANTED ACCORDING TO SPECIFICATIONS ACCORDING TO SPECIFICATIONS SPECIFICATIONS CROSS SECTION A-Al SCALE: 1"=2' Wetland Restoration Wetland Restoration Christopher Pickerell, M.S. Specializing in Coastal Welland Science P.O. Box 186 Laurel, New York 11948 - G Planting Specifications Seasonally Flooded Emergent/Shrub Wetland Species Quantity Condition* Spacing Shrubs Cletl:ra alnifolia 50 BR&P Random (Sweet Pepperbush) Rl►ododendrom viscosu►n 25 BR&P Random (Swamp azalea) Cepl►alantl►us occidentalis 20 BR&P Random (Button Bush) Decodon verticillatus 20 BR&P Random (Water Willow) Herbaceous Emer¢ents Carex crinita NAt Seeds &P Random (Fringed Sedge) Scirpus cyperinus NA Seeds &P Random (Wool Grass) * BR-Bare-Root, P-Potted t The quantity of seeds depends on the area of exposed and inundated soil after final excavation and grading. Notes: All plant material will be native wetland stock collected from plants on or nearby the property. Planting will take place in early Spring of 1994 when conditions are suitable. Creation and Restoration of Fresh ivater and Coaslal IVellaads (516) 298-0123 SCOTF L. HARRIS ' i PLANNING BOARD MEMBERS Supervisor Richard G.Ward. Chairman l Town Hall, 53095 Main Road George Ritchie Latham.Jr. _ P.O. Box 1179 Bennett Orlowski.Jr. .. Southold,New York 11971 Mark S. McDonald Kenneth L. Edwards Fax(516)765- 1823 PLANNING BOARD OFFICE Telephone(516)765-1938 TOWN OF SOUTHOLD October 26 , 1993 Richard F. Lark, Esq. P.O. Box 973 Cutchogue, NY 11935 Re: Major Subdivision for Anna K. Plock Southold, NY SCTM# 1000-79-5-20 . 2 Dear Mr. Lark: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, October 25, 1993: BE IT RESOLVED that the Southold Town Planning Board grant a six month extension of preliminary approval from November 3 , 1993 to May 3 , 1994. Conditional preliminary approval was granted on May 3 , 1993 . Please contact this office if you have any questions regarding the above. Sincerely, __.. ��14�P' "fit• �K�1� Richard G. Ward INS Chairman • P� RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 October 25 , 1993 Planning Board Office Town of Southold Town Hall , 53095 Main Road P. O. Box 1179 Southold, New York 11971 RE: Anna K. Plock Subdivision at Bayview, Town of Southold, New York Gentlemen: On behalf of the applicants for the above-mentioned sub- division, I request a 6 month extension of your preliminary approval to May 3 , 1994 . This extension is requested in order to complete the improvements , and thereby eliminate the need for a bond, and to allow time for creation of the Conservation Easement and Homeowners Association. Kindly advise if the Board is amenable to this extension of time to obtain final approval of this subdivision. Very tr ly yours , Richard F. k RFL/tt OCT 2 51993 a]jg L P I F�L t RICHARD F. LARK {. ` ✓ ESL ATTORNEY AT LAW '•'l g N, MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 �y3 �ry �w C October 80, 1993 x James A. Rich A.R. Baginoerinq Inspector office of the Engineer <` of Southold nic Lane ` Peconic, NY 11956 a RB: ANNA 1C PLOCR Subdivision at Bs Jew T O Southold New York ar Mr. Richter: Pursuant to our conference in the ith field in dletioconnection the A ° a above-captioned project, in particular, the deletion of the soposed bulkhead on the road leading into the sibsXeobeen shown on the�eha heocontractor,r stations3Steve Buchols, of Riverhead advised by and also Thomas C. Nolpsrt, a professional anent Block Company yang Surveyors, that the installation gineer with Young i Youaq, a copy of the ' f this bnikhead is not necessary. I am enclosing 1993,coaaerninq ? latter of Thomas C. Nolpert, P,B. , dated October Tt Be this scatter, as well- as a print o! the Road an8 Drainage Plan, dated August lo, 1993. i would appreciate your reviewing the project and advising e Planning Board accordingly. Verytuly Youryj hard P. ark �x1 ,..',. RFL:l j c encl. Planning Board ccs Southold TownAz f fix ,. YOUNG &YOUNG PLANNING. ENGINEERING &LAND SURVEYING 400 OSTRANDER AVENUE. RIVERHEAD. NEW YORK 11901 Telephone 516-727-2303 Facsimile 61g-727-0144 October 8, 1993 Richard F. Lark, Esq. Main Road P.O. BOX 973 Cutchogue, New York 11935 RE: ANNA L. PLOCR at Bayview, T/O Southold, New York (91-0908) Dear Mr. Lark: Please be advised that the proposed wood bulkheading between stations 3+40 and 4+95 is not necessary for the proper stabilization of the stone blend pavement. The wood bulkhead was designed to prevent any fill material from entering the lagoons during construction. Enclosed is one (1) set of the Final Road & Drainage Plan, last dated August 10, 1993 , for reference. if you have any questions regarding this matter, please do not hesitate to call me. Very truly yours, _11� ,L-a , Thomas C. Wolpert, P.E. TCW sjt Enc ALDEN W.YOUNG HOWARD W.YOUNG THOMAS C.WOLPERT HENNETHF.ABRUZZO Professional Engineer Land Surveyor Professional Engineer Land Surveyor &Land Surveyor • ���S�FFO(,��0� . �a�GcE a ;c MS RAYMOND L. JACOBS cC=ti T JA ES A. RICHTER SUPERINTENDENT OF Q • ENGINEERING HIGHWAYS ��Ol � ��0� INSPECTOR 765-3140 765-3070 OFFICE OF THE ENGINEER TOWN OF SCUTHOLD SEPTEMBER 27 , 1993 Richard G. Ward Chairman - Planning Board Town Hall , 53095 Main Road Southold , New York 11971 Re: ANNA K. PLOCK - Minor Subdivision North Bayview Road , Southold SCTM # 1000 - 79 - 05 - 20. 2 Dear Mr . Ward: As per your request, I have reviewed the proposed drainage changes and modifications for the above referenced project. The proposed changes to the drainage systems are in keeping with the overall use of the property and will meet the minimum requirements found in the Highway Specifications. Mr . Jacobs has also been notified of the changes and has no objections. For your information, I have also been contacted by the Peconic Land Trust and the contractor who has been selected to do the work. The above referenced changes have been discussed in the field and some of the work has already begun. If you have any questions concerning this matter , please contact my office. IJam cerelyes A. Richter , R. A. cc : Raymond L. Jacobs ( Superintendent of Highways ) � y , �I U SEP 2 7 1993 SOUT110LD ror a PLANINMG BOAQ ao Ltd,.. '3 rn i` y PLANNING BOARD MEMBERS ^� �a- t SCOTT L. HARRIS �' '�t � , Supervisor Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. -a �i _-rs yo Richard G. Ward Town Hall, 53095 Main Road P.O. Box 1179 Mark S. McDonald Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 g� , ic, 1943 James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: Ahng k Tax Map No. : 1000- 7q-S -ao 1 Street Location: g�^ ma 's+' � ? w 04 NorI1 8 �9��* 9ss' e's'ta�R.yJ, >�C Hamlet Location: �- ttatd Type of Application: Sketch Subdivision Map (Dated Preliminary Subdivision Map (Dated Final Subdivision Map (Dated Road Profiles (Dated 8 / io / 93 ) Grading and Drainage Plans (Dated other (Dated Sketch Site Plan (Dated Preliminary Site Plan (Dated Grading_ and Drainage Plans (Dated Other n( (Dated Comments: ?Ao.m fiinnp Atld/F a4J LrYarrtdAQ ���I Contact Person: //I :SSa 1 S u�FicE PECONIC LAND TRUST Ms FOR YOUR INFORMATION... September 9, 1993 Dear Melissa, As per our conversation today,we submit 2 Final subdivision maps for the Anna K.Plock property that include the final revised road and drainage plan for you to forward to the Town Engineer, James Richter. Even though this is the Final map,there is the possibility that we may slightly modify the 4lot subdivision lines to equalize the size of the lots. Because this has not been determined as of yet we are holding off on formally submitting Final plats to the Planning Board. Thank you. Sincerely, P.O. Box 2088 30 Jagger Lane Ly,,,, Melanie A.Tebbens Southampton, New York 11968 (516) 283 3195 - '"" _ • � c> MS RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 August 25 , 1993 Southold Town Planning Board Town Hall, 53095 Main Road P. 0. Box 1179 Southold, New York 11971 ATT: Melissa Spiro RE: Plock Subdivision SCTM #1000-079 . 00-05 . 00-020. 002 Dear Ms . Spiro: In connection with the above-captioned matter, I am enclosing four prints of the Final Subdivision Plat dated June 28 , 1993 along with the Final Road & Drainage Plan dated Aug. 10 , 1993 . Very truly yours, RFL/bd ichard F. k $EP 0 ,� Enclosures PECON*LAND TRUST 30 Jager Lane,P.O.Box 2088,Southampton,NY 11969 (516)283-3195 Fax:(516)283-0235 July 7, 1993 Mr. John M. Bredemeyer III Board of Town Trustees Town of Southold, Town Hall 53095 Main Road Southold, New York 11971 Re: Plock Family Joint Venture SCTM#1000-79-5-20.2 Dear Mr. Bredemeyer: On June loth Tim Caufield met with the Planning Board in a work session. They discussed the Plock Shellfisher Preserve project and have no problem with Plock Family Joint Venture beginning work at the site. Therefore, the family plans to move forward with the restoration of the waterfront property unless there are any concerns or questions you may have. All the involved regulatory agencies have granted approval of the improvements and issued the appropriate permits. Tom Samuels of James H. Rambo, Inc. will be the marine contractor. He will be contacting you upon commencement of the work which we expect to be the week of July 19th. Please do not hesitate to call us at 283-3195 if there is anything we can do for you. Thank you for your time. �Sincerely, Melanie A. Tebbens Planning Assistant cc: Richard F. Lark, Esquire Southold Town Planning Board ------------------ SOUTUOLD TOWN PLANNING BOARD PLANNING BOARD MEMBERS rn SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman , " #- ,...�j',.,.5 �4r1 Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 June 17, 1993 Richard F. Lark Main Road P.O. Box 973 Cutchogue, New York 11935 RE: Major Subdivision for Anna K. Plock Southold, New York SCTM# 1000-79-5-20. 2 Dear Mr. Lark: Please note the following correction in regard to the Planning Board' s May 3, 1993 conditional preliminary approval: Condition Letter "C" is to be eliminated from the resolution. The proposed subdivision has not been designed as a cluster subdivision. If you have any questions regarding the above, please contact this office. Sincerely, Richard G. Ward w1r Chairman cc: Melanie Tebbins, Peconic Land Trust 30Ja�er lane,P.O.B:x ZORB,�nuihamFrton,h711964 ( tb)2313155Fa����» '---�4 S PB . wt5 May 24, 1993 Melissa Spiro Planning Department Town of Southold Main Road Southold, NY 11971 Re: Preliminary map submission for Plock Shellfisher Preserve subdivision (SCTM# 1000-79-05-20.2) Dear Melissa: On behalf of the Plock Family Joint Venture, I would like to request that the Planning Board defer making a decision on the engineers report with respect (required improvements on the right of way and road which leads to the subdivision. Mr. Lark would like to look into the situation further before a final decision is made. We do have a few suggestions and changes in this regard which we would like to review with the Planning Board. Please call if you have any questions. I will tie in to discuss this matter in greater detail in the near future. Thanks again for your kind assistance. Sincerely, 7T!,.�jaufi t Dir or I enclosure �L MAY 2 4 SM SOUTIAND PLANt4 R', 'Pu', - { PLANNING BOARD MEMBERS : M T SCOTT L. HARRIS ` tY Bennett Orlowski, Jr., Chairman Supervisor P George Ritchie Latham. Jr. Richard G. Ward _ _ Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 May 21, 1993 Richard F. Lark Main Road P.O. Box 973 Cutchogue, NY 11935 Re: Anna Plock SCTM# 1000-79-5-20. 2 Dear Mr. Lark: Enclosed please find, for your records, a copy of the Southold Fire District Board of Commissioners letter regarding firewells on the above subdivision. If I can be of any further assistance, please do not hesitate to contact my office. Sincerely, Richard G. Ward Chairman enc. • =�OSUEFOI��o� i Sli�t,� RAYMOND L. JACOBS t�t� X 1&MES A. RICHTER RS SUPERINTMENT OF Q i W ENGINEERING HIGHWAYS �1y�1 � ���� INSPECTOR 763-3140 763-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD MAY 10, 1993 Richard G. Ward Chairman - Planning Board Town Hall , 53095 Main Road Southold, New York 11971 Re : ANNA K. PLOCK M' Sodiv�sion V � scTM # * _;:. _ 26. Z"t MAY 111993 � � SOUTHOLD TOWN PLANNING BOARD Dear Mr . Ward : As per your request , I have conducted an inspection of the existing access road that will be utilized by the above referenced subdivision. The existing road has a fifty ( 501 ) foot right-of-way and the traveled lane is approximately ten ( 101 ) feet in width. In certain sections along the road the shoulder areas have been overgrown to the extent that brush and trees are overhanging the traveled portion of the road . The road surface itself is very hard and has a surface layer of broken or crushed shells. The following is a list of recommendations that will be required to provide proper access by emergency or service vehicles : 1 . The existing road should be re-graded to provide a four ( 4" ) inch crown and a minimum width of sixteen ( 16 ' ) feet. Once graded , the remaining sub-base should be rolled or compacted to meet the minimum requirements found in the Highway Specifications. 2 . The remaining shoulder ares should be cleared & grubbed to a minimum of three ( 3 ' ) feet beyond the limits of the new road surface. Where required, topsoil should be placed , raked and seeded . 3 . A system of catch basins & leaching pools should be installed at both ends of the existing road . The design criteria found in the Highway Specifications should be used to calculate the number of pools required to handle the runoff generated within the existing right-of-way. Page 1 of 2 Richard G. Ward MAY 10 , 1993 Page 2 of 2 Re: ANNA K. PLOCK - Minor Subdivision 4 . The wearing course should be a lift of 3/4" Stone Blend that has been graded and compacted to a uniform thickness of not less than two ( 2" ) inches. If you have any questions concerning this report, please contact my office . S cerely, ames A. Richter , R.A. cc : Raymond L. Jacobs ( Superintendent of Highways ) su rLtS 40OTMO<o DISTR�`� SOUTHOLD FIRE DISTRICT P.O. BOX 908, SOUTHOLD, N.Y. 11971 May 13, 1993 Mr. Richard G. Ward, Chairman Town of Southold Planning Board Office PO Box 1179 Southold, NY 11971 Re: Anna Plock 1000.-79-5-20.2 . Dear Mr. Ward: This is to notify you that the Southold Fire District Board of Commissioners has reviewed the survey for the above mentioned parcel. At this time, there is no need for fire- wells on this property. Sincerely, Cynthia Caprise Secretary r MAY I T W3 1 50U;HOLD T04`7'N-� i %.AtiPtt,'G BONF�W�D 6M�Y, Southold Town Planning Board 5 May 3, 1993 Mr. Ward: Is there a second? Mr. Latham: Second the motion. Mr. Ward: Motion seconded. All. those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlows"i, Mr. Ward. Mr. Ward: Opposed? Motion carried. (Chairman endorsed survey) Hearings Held Over From Previous Meetings Mr. Ward: , P2r3C); -- This major subdivision is for 5 lots on 21.79 ed o acres locatn an existing right--of--way off North Bayview Road, aNproxi-- mately 935 square feet east of Reydon Road in Southold. The fifth lot is a reserved area to '>e conveyed to the Peconic Land Trust. SCTM#k 1000--79--5--20.2. Is there anynod-y here that �ou.1d. have any opposition to this project? Anybody here that .could just like to address the Board, neither pro nor con, that may have some general information that would li',te to address the Board? if not, is there any'�ody here in favor that *.would li'c to address the Board? Tim Caufield: Tim Caufield with the Peconic Land Trust. 7iere were just a couple of issues in the County Planning Deparment's letter to the Planning Board that we wanted to discuss. '^sere were some items that they put on their recommendation list :which were not a part of our original plan and if you have them, Vicy're items number 3,4,6 and 7. Mr. Ward: 3,4,6 and 7? Mr. Caufield: Yes. Mr. Ward: OK. Six was easy. We were recommending to omit it. Mr. Caufield.: OK Mr. Ward: Three, we were recommending to amend as follows: As per the Southold Town Code, the mimimum setback for buildin s located on lots adjacent to tidal water bodies is seventy five (75) feet. There— fore, no new residential structure shall be constructed or otherwise located within seventy--five (75) feet of Southold Bay. Mr. Caufield: That's what the elan called for. Mr. Ward: Number four is to be amended as follows: The conservation or scenic easement is to !lave a minimum wi-dt'n of seventy-- five (75) feet rather than one--hundrod (100) feet for tha reason stated in Number 3 above. Southold Town Planning Board 6 May 3, 1.993 Dic'- Lar'c: That easement we were going to wor': out in conjunction with lot number 5, to the Peconic Land Trust, and we felt they would he th.e better ones to hold t'.iat conservation easement over that strip of 1-each in front of the two building lots there. We haven't wor'red out all the language. Mr. Ward: We understand. that. This is just in reaction to the County. These are not the CSR's on it. Mr. Lark: OK Mr. Ward: Number seven is to be revised as follows: The private road that serves as access to this property shall be inspected by the Engineering Inspector. Any improvements deemed necessary ?;y the Engineering Inspector for proper access by emergency or service vehicles shall be completed in conjunction with the improvements for the proposed road. In addition, road identification signs shall ? e installed if necessary. Mr. Lar'-: You did oet the Engineer's report? You're tall-ing a'•rout. . . Mr. Ward: Yeah, 'he 'tas done the road within your plotting. The private road is w'-iat's being addressed here. Mr. Lark: Yes, I understood that. The road outside of the property, we 'have a right--of--way on the right. Are you going to do that then in conformance with 239M of the general municipal law? We're going to need an override because the majority plus one, and then you have to re--notify them within 7 days after you ta'-e action. Mr. McDonald: Notify who? Mr. Lar' The Suffol'. County Planning Commission, that's what the law. . . Mr. McDonald: Well, we're going to have a vote and see if we have the votes. You'll find out along with us and then we will notify them. RTe send every- thing bac'-. Whether we override them or not, we send everything bac': and let them 'mow what we're doing, just as a matter of X)licy. Mr. Lar'c: Well, I'll explain this a little hit. I found out that the meet- ing that they held, there were no representatives from the Town of Southold there. Because the newly appointed one, he didn' t go to that meeting, nor did be 'mow anything about this property. And it's the age old situation, those that voted on it, none of them `lave been to the property. Mr. Orlowski: It's a shame, isn't it. Mr. McDonald: I could 'lave 'Zelpod you, but I couldn't help you. Mr. Orlows'.ri: It's called politics. Mr. Ward: Alright, anything else for the applicant? Southold Town Planning Board 7 May 3, 1993 Mr. LaV-: Yeah, the other thing that 2 wanted to address -- we're in the process now, if the Board does grant preliminary approval with what we just taV,ed about, to go get a. . .because how we're going to govern the property is with a homeowners association. So we'11 get one filed and get it approved by the AG before we get bac': here for a final. And that's really going to be the governing instrument as to how the lagoon, which will event- ually be cut through, and everything will be administered in connection with the property. So we'll get a copy of that to you just as soon as it's drawn up and approved by the Attorney General's office. And just to bring you up- dated, if you didn't get notice, the DEC gave us all the permits to go ahead so we're in good shape there. So, we're moving along, albeit a little slowly, but we're still moving along. Ms. Scopaz: Could you mare copies of the permit for us so we. . . Mr. LARK: Yes, we will get you a cop e Y Th y just came in the other day. And, of course I thing- you have copies of the Trustees permits. Mr. Ward: OK, I'd 1i'-e to entertain a motion from the Board than regard- ing Suffolk County Planning Commission. Mr. Orlowski: I'll make a motion that BE IT RESOLVED to adopt the April 15, 1993 Suffolk County Planning Comm- ission report with the following amendments (numbers correspond with to the numbers in the report) : I. Is to remain as written. 2. Is to remain as written. 3. Is to be amended as follows: As per the Southold Town Code, the minimum setback for buildings located on lots adjacent to tidal water bodies is seventy--five (75) feet. There- fore, no new residential structure shall be constructed or otherwise located within seventy--five (75) foot of Southold Bay. 4. Is to be amended as follows: The conservation or scenic easement is to 'lave a minimum width of seventy-- five (75) feet rather than one--hundred (100) feet for the reason stated in Number 3 above. 5. Is to remain as written. 6. Is to be omitted. 7. Is to be revised as follo=.rs: The private road that servos as access W this property shall be inspect- ed by the Engineering Inspector. Any improvements deemed necessary by the Engineering Tnspector for proper access by emergency or service 0 Southold Town Planning Board 8 May 3, 1997 ve' icles shall be completed in conjunction with the improvements for t'ie proposed road. In addition, road identification signs shall lie installed if necessary. 8. Conditions 1 to 5, inclusive, must he presented in a Declaration of Covenants and Restrictions. The second )aragraph of Numnx r 8 is to be included in the Declaration. 9. Is to remain as written. r"io Li'x r and "age number of the recorded Declaration must also bz noted on the final map. Mr. McDonald: Second. Mr. Latham: Just a question. We should .n consider c' anging Shelter Island Sound and all t?ic other ones to Southold Bay, may've. So here's no confusion about that. Mr. Ward: OK, is there a second? Mr. McDonald: Second. Mr. Ward: All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. What is the plca;>are of t'!c Board regarding the Engineering report? Mr. Orlowski: I mace a motion to adopt the April 9, 199_1 report from the Engineering Inspector. Mr. Ward: Is there a second? Mr. Latham: Second. Mr. Ward: All those in favor? Ayes. Mr. McDonald, Mr. Latham, Mr. Orlows'-i, Mr. Ward. Mr. Ward: Opposed? Motion carried. All is in order right now to close t172 preliminary hearing. Mr. Orlows'ci: So moved. Mr. Latham: Second. Mr. Ward: All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowsl-i, Mr. Ward. Mr. Ward: Opposed. Motion carried. 7iis furt'= conditional preliminary approval is in order at this time. SUFF014, O o PLANNING BOARD MEMBERS rn Z p ^� SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman y�.® O�� Supervisor George Ritchie Latham, Jr. O! �a Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 May 4, 1993 Richard F. Lark Main Road P.O. Box 973 Cutchogue, New York 11935 RE: Major Subdivision for Anna K. Plock Southold, New Y $ Dear Mr. Lark: The following took place at a meeting of the Southold Town Planning Board on Monday, May 3, 1993 : The following resolutions were adopted: 1. It was RESOLVED to adopt the April 15, 1993 Suffolk County Planning Commission report with the following amendments (numbers correspond to numbers in report) : #1. Is to remain as written. #2. Is to remain as written. #3 . Is to be amended as follows: As per the Southold Town Code, the minimum setback for buildings located on lots adjacent to tidal water bodies is seventy-five (75) feet. Therefore, no new residential structure shall be constructed or otherwise located within seventy-five (75) feet of Southold Bay. #4 . Is to be amended as follows: The conservation or scenic easement is to have a minimum width of seventy-five (75) feet rather than one-hundred (100) feet for the reason stated in Number 3 above. Anna K. Plock May 4, 1993 Page 2 #5. Is to remain as written. #6. Is to be omitted. #7. Is to be revised as follows: The private road that serves as access to this property shall be inspected by the Engineering Inspector. Any improvements deemed necessary by the Engineering Inspector for proper access by emergency or service vehicles shall be completed in conjunction with the improvements for the proposed road. In addition road identification signs shall be installed if necessary. #8. Conditions 1 to 5, inclusive, must be presented in a Declaration of Covenants and Restrictions. The second paragraph of Number 8 is to be included in the Declaration. #9. Is to remain as written. The Liber and Page number of the recorded Declaration must also be noted on the final map. A copy of the draft Declaration of Covenants and Restrictions must be submitted for review by the Planning Board and the Town Attorney. Once approved, the document must be filed in the Office of the County Clerk. 2. It was RESOLVED to adopt the April 9, 1993 report from the Engineering Inspector. 3 . The preliminary public hearing which was opened on April 12, 1993 , was closed. 4. It was further RESOLVED that the Southold Town Planning Board grant preliminary approval on the maps dated August 17, 1992, with the following conditions: A. The seventy-five (75) foot conservation easement described in Number 4 of the April 15, 1993 Suffolk County Planning Commission report shall be indicated on the final maps. B. The following term shall be included in the Declaration of Covenants and Restrictions: Anna R. Plock May 4, 1993 Page 3 Any specific use or improvement to Lot Number 5 shall be subject to review and approval by the Planning Board and the Town Trustees. C. The final maps shall contain a note that the subdivision is a Cluster Subdivision designed in accordance with Section 281, Town Law. Failure to submit the final submission within six (6) months of the date of preliminary approval shall automatically cancel the conditional preliminary approval, unless a request for an extension of time is requested, and granted by the Planning Board prior to the expiration of this six ( 6) month period. The final submission must contain the following: 1 . Final subdivision maps, modified in accordance with the conditions of preliminary approval and containing a valid stamp of Health Department approval. (Six ( 6) paper copies will be required as part of the final subdivision. Two (2) mylars with a valid stamp of Health Department approval will be required prior to any endorsement of the subdivision. ) 2 . Final drainage plans and road profiles revised in accordance with the April 9, 1993 Engineering Inspector's report. (Six (6) paper copies are required. ) 3 . A draft of the Declaration of Covenants and Restrictions. The Planning Board may require additional covenants and restrictions upon review of the final maps. 4 . A draft bond estimate for all subdivision improvements. The draft will be reviewed by the Planning Board and the Engineering Inspector. 5 . A draft of the By-laws for the Homeowners Association. 6. The preliminary maps have been sent to the Commissioners of the Southold Fire District for a recommendation as to whether a firewell is necessary for fire protection. If the Commissioners recommend that a firewell be installed and the Planning Board determines that such is required, its location shall be shown on the final map. The cost for the installation will be included in the bond estimate. (you will be notified under separate cover if a firewell is required. ) Anna K. Plock May 4, 1993 Page 4 7. A letter from each public utility company whose facilities are proposed to be installed in the proposed subdivision. Such letter shall state that the utility company will make the installations necessary for the furnishing of its services. The final hearing will not be scheduled until all of the above items are submitted and are accepted by the Planning Board. Please note that a Park and Playground fee as per Section A106-38 (E) must be submitted prior to any endorsement of the final map. If you have any questions regarding the above, please contact this office. Sincerely, �11 /W '14/ O�w01s Richard G. Ward Chairman Encl. cc: Melanie Tebbins, Peconic Land Trust Suffolk County Planning Commission - ,z. O� � t H PLANNING BOARD MEMBERS kT SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman F+ +. �� Supervisor George Ritchie Latham, Jr. Richard G. Ward zrr- Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MAH 4 , 19cL3 Frederick R. Weber, Secretary Southold Fire District Main Road Southold, New York 11971 Dear Mr. Weber: Enclosed please find ( 2) surveys for AMA, k S--Tm# loco 79--S -20 2. Please notify this office as to whether any firewells are needed. Please specify whether shallow wells or electric wells will be needed. Please reply by a o7 1993. Thank you for your cooperation. Very /truly yours,,, `l d%et, Q � kaa Richard G. Ward Jys Chairman enc. o y` PLANNING BOARD MEMBERS H Bennett Orlowski, Jr., Chairman - y O �� - SCOTT L. HARRIS Supervisor George Ritchie Latham, Jr. Richard G. Ward Ol �a Mark S. McDonald Town Hall, 53095 P.O. Box Main Road Kenneth L. Edwards 179 PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 4Gy 41 11cf3 James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: �nna k dock Tax Map No. : 1000 7q 5 Street Location: p� �N3 r.o.w JLrtt B� Hamlet Location: )� `='— � r >■ 435'eas+ o� Q<rg„� �� �otL.el,� Type of Application: Sketch Subdivision Ma (Dated Preliminar Subdivision Ma (Dated Final Subdivision Ma (Dated Road Profiles (Dated Gradin and Draina a Plans (Dated Other Sketch Site Plan (Dated Preliminary Site Plan (Dated Grading and Draina a Plans (Dated Other Comments: ��g -e L MLA 4 1 q ._e No 1 (2 *i fal �m wQ.f Contact Person MP1 c ,q 0 COUNTY OF SUFFOLK SU6FCE L' Pg ROBERT J.GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING April 15, 1993 Mr. Bennett Orlowski, Jr. , Chairman Town of Southold Planning Board Main Road Southold, NY 11971 99-s Re: Preliminary Subdivision - Anna K. Plock 1094.58 feet n/o North Bayview Road, between the end of a private right-of-way and Shelter Island Sound, Bayview in the Town of Southold, New York. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on April 14, 1993, reviewed the proposed subdivision plat, entitled, "Preliminary Subdivision - Anna K. Plock" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. The attached Resolution signifies action taken by the Commission relative to this application. Very truly yours, Arthur H. Kunz Director of Planning by Frank Dowling, Sr. Planner Subdivision R view Division File: S-SD-93-04 FD:mb Attachment cc: Edward Romaine, County Clerk D L5 V I5� APR 2 0 IM SOUTHOLD TOWN PLANNING BOARD H.LEE DENNISON BUILDING ■ VETERANS MEMORIAL HIGHWAY ■ HAUPPAUGE. NEW YORK 11768 ■ (516) 853-5192 File No. S-SD-93-04 Resolution No. ZSR-93-38 of Suffolk County Planning Commission Pursuant to Sections A14-24, Article XIV of Suffolk County Administrative Code WHEREAS, pursuant to Sections A14-24, Article XIV of the Suffolk County Administrative Code, a referral was received by the Suffolk County Planning Commission on March 26, 1993, with respect to a proposed plat entitled, "Preliminary Subdivision - Anna K. Plock" submitted by the Town of Southold Planning Board affecting premises located 1094.58 feet n/o North Bayview Road, between the end of a private right-of-way and Shelter Island Sound, Bayview, in the Town of Southold, New York, and WHEREAS, said referral was considered by the Suffolk County Planning Commission at its meeting on April 14, 1993, and WHEREAS, the Commission has voted to approve with certain changes said referral, Be It Therefore RESOLVED, That the Suffolk County Planning Commission hereby approves and adopts the report of its staff as the report of the Commission, Be It Further RESOLVED, That said proposed plat is approved subject to the meeting of the following conditions that are deemed necessary to help preserve the natural and aesthetic attributes of the shoreline of Shelter Island Sound and for good planning and land use. 1. The lots in this subdivision shall be made subject to a covenant that will prohibit future subdivision. 2. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the bluff or bank or into Shelter Island Sound. 3. No new residential structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the top of the bluff or bank of Shelter Island Sound. 4. A conservation or scenic easement having a minimum width of 100 feet shall be established along the shoreline of Shelter Island Sound to insure that no development adverse to the aesthetic quality of the shoreline will take place. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and cutting shall be subject to review by the Town to insure proper maintenance and preservation of the natural buffer. 5. Erosion and sediment control measures shall be required during and after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Shelter Island Sound. Resolution No. ZSR-93-38 S-SD-93-04 -------------------------------------------------------------------------------- 6. Only one point of access to the beach shall be allowed for the residents of the subdivision. 7. The private road that serves as access to this property shall be brought up to Town specifications and standards and properly signed for location and access by emergency or service vehicles. 8. Conditions 1 to 6, inclusive, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 9. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comment on the map: Consideration should be given to maintaining the existing Aquiculture potential on Parcel No. 5 as a viable industry in the future, for the benefit of the Town and future generations. Motion by: Commissioner Stahlman Seconded by: Commissioner Dodge Commission Vote: 11 Present - Yeas 11 Nays 0 Abstentions 0 Dated April 14, 1993 Hauppauge, New York Suffolk County Planning Commission SOUTHOLD TOWN PLANN#G BOARD 4 APR* 12, 1993 Ar • all of the requirements of the Town o outhold have been and now therefore, be it RESOLVED, t the Southold Town Pla g Board approve and authorize the Chai to endorse the al survey dated January 5, 1993 . Mr. McDonald: Second. Mr. Ward: Motion secon All t in favor? Ayes: Mr. MCDona , Mr. Edwards, Mr. La Mr. Or i, Mr. Ward. Mr. Ward- pposed? Motion carried. (Chai n endorsed maps) . xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Subdivisions - Preliminary: Mr. Ward: 7: 40 p.m. Anna K. Plock - This major subdivision is for five lots on 21.79 acres located on an existing right-of-way off North Bayview Road, approximately 935 feet east of Reydon Road in Southold. SCTM #1000-79-5-20.2. Is there anyone here who has any comments? Timothy Caulfield: I am with the Peconic Land Trust. I am here on behalf of the Plock family joint venture and I just wanted to speak in support of the application and as the Planning Board knows we have been working with the applicant for quite some time on the project and we believe that we have supplied all of the information that has been requested. If there are any other questions Mr. Lark is here representing the applicant and we would be happy to answer any questions. otherwise, we would just request that the application move forward as soon as possible. Mr. McDonald: I don' t know if you are aware but the Suffolk County Planning Commission failed to make a quorum so they set the meeting back and so we don' t have a report from the Suffolk County Planning Commission yet. Mr. Caulfield: Is that the only thing that is outstanding in this? Mr. McDonald: That is the only thing. Mr. Ward: I think at the May 3rd meeting we will be able to address it. Mr. McDonald: We expected to have the report back from them by now but because they cancelled their meeting and moved it back. Mr. Caulfield: O.K. , thanks. SOUTHOLD TOWN PLANNI& BOARD 5 APR.012, 1993 Mr. Ward: Would anybody else like to address this Board on this? If not, what is the pleasure of the Board? Mr. McDonald: I move that we keep this hearing open. Mr. Edwards: Second. Mr. McDonald: Seconded. All those in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. McDonald, Mr. Orlowski, Mr. Ward. Mr. McDonald: Opposed? Motion carried. Hearing Held Over From Previous Meetings: Mr. Ward Hillcrest Estates Section 2 - This major subdivi0 SCTM #100 3-2-8. 5.is for twenty lots on 22. 9 acres located in ient. Mr. Harold Ree Jr. - 2 was not aware that this walbe on the calendar this e ning but in light of that Young nd Young has addressed a Lett to the Board trying to deter ine what the bluff line is on t ' s particular subdivision. I wrote a follow-up letter to he Board which you sho}r d have received last week wondering w t the outcome of tbiis meeting was to determine this bluff e li e and we do hav a meeting with the Health Department concer 'ng the water/Problem of this parcel tomorrow. Mr. Ward: As of today, we ha n hin in writing back from g g you. Mr. Reese: There was somethin om Young and Young and I didn't bring in the file bec se idn't know it was on the calendar but there was a le er fro Young and Young to the Board to try and determin the Bluff ne. Mr. McDonald: Would y drop us a note nd let us know about how long you think th time frame is on t t? Mr. Reese: No pro em. Thank you. Mr. Ward: What sthe pleasure of the Board? Mr. McDonald- / I move we keep this hearing open. Mr. LathSecond. Mr. War Seconded. All those in favor? LEGAL �r PUBLISHER'S -CERTIFICATE Town of Southold Nake a Publk: s'Y G`1 _ nso NOTICE IS HEREBY GI6 ofI thet pursueO b Public eor ld - -the Town Law,a Pumbtk hearino will be hale by Pa SmMnlo Town ga""I"a Board, at the State of Connecticut Town Hell, Mein Rose, South- ttMtS�adayat 1193Mph thhee County of New London, )) ss. New London ,Lasers of the falbwle: 730 P.M.Final a in oval Of the minor subdivision for Robert D. Hemlffon In MidtRUCk, Town of Sauthald,County of Suffolk,State On this at Nay,Hutritional r osuf tax 9th day of April MapThe property Is boreane on 1M rarih Dy Westplalla Avenue: f0mmeny of on,9 y lannaoe s A.D. 19 9,3 personally appeared before the undersigned. on the south by Middle Road - (C.R. M); on the southwest by land now or formerly of Stanley E.:.SwMson 6 Sharon M.Swan- a Notary Public, within and for said Count and State , son:by land now a formerly a Y J.6 J.Czukor:on the northwest by Horton Avenue:by land now or formerly of Rosemary Byrnes:by lard now or Wnnerly J 7 i l i n s k i Le oa 1 Adv. Clerk of Anne M.Morris by lane row or formerly of Ruth Anna Whltmarsh: by land now or formerly of Pamela L. McCaf- of THE DAY , a daily 735 P.M. Final approval for the rot Ilya Charge for Raymond B.Go",Raymond B.Gary and prudent! G. Gary and Fishers newspaper published at New London, County of New Island omlopmenr Corporation at Fishers Island, Town of Scuff kL County of Suffolk,Sate nty Tax MapNNumb r5 4uffolk Wst London, State of Connecticut, who being duly sworn, Part of Private Road p7. The property Is bordered on the norm by land now or for- merly mmtm B. GO", b states on oath, that the Order of Notice in the case of Hokkb an III east by one now or formerly a Stephen A. Conk &wife,by arse row ter formerly of Michael a Roa rob s sta s L, as 1 Adv.. 4158 on the sash by PrNaro Rose p1 at the Fishes- them Corp., by lard now on formerly of Stephen A. &I a true copy of which Cynthia P.Cook,by land now or formerly a Stephen A.Cook and woe:an the west by land now or formerly of BOW Cushaa is hereunto annexed was Whitney,by Prlvero Road p7a - s published in said newspaper in _ the Fishers ISlerd DeY 0-7 pt dP M. Preliminary ter proval of the near subevision its issues of the 1st M Anna K. Pkxk, In Southold, Town Of Southold, Canty of Suffolk,State of Nev,York.Suit- days Of "so N most Y April A. D. 1993 property 'N bordered On the north by Shelter Island /J Sound;an ex,hest by land now or formerly of Robert ttorman;i on the south by lane now or, formerly of Robert t/Kmen: on the west by lots contained on IM "Map of Reyaon Slates, Inc Subscribed and swo n o before me this Sutblk CPPPtY File No.M. 9 t h (Sufrffrn�olppk� Count Tax�MaD� pp�1Y,T2;I b yTe.13.�{�1=d4.taend �y��Boa(I�s115 day of April A. D. 1993 . oivislon (Suffolk County Tax prep NumbeM00Bi0.9'+R1.sR Any parson deslrino to be heard on the above matter should appear at file time and Place:March 25,Ind — Dace:Marco 75,199I By order a the Sonnins, 0rrd Pla Bo Notary Public. Richard G.Ward,Chairman ..._.. _. _._ . . J I I , 1 � ��S�FFoc�-�oG _ ✓�B� MS RAYMOND L. JACOBS cn T p8 SUPERINTE`ME`IT OF n JA.MES A. RICHTER HIGHGiAYS ENGINEERING INSPECTOR 763-3140 OFFICE OF THE ENGINEER 763-3070 TOWN OF SOUTHOLD APRIL 9 , 1993 Richard G. Ward Chairman - Planning Board Town Hall , 53095 Main Road Southold, New York 11971 Re: ANNA K. FLOCK - Minor Subdivision SCTM # 1000 - 79 - 05 - 20 . 2 Dear Mr . Ward: for the As per your request, I have reviewed the latest submission constructionodiffersefromethe spec The proposed road ifications found in the current Town Code. However , in this site specific case, the proposed road construction would be considered acceptable due to existing site conditions . The proposed road will need to traverse the Property containing lagoons and other wetland areas that are to be preserved . As you know, this property will be conveyed managed by the Peconic Land Trust . to and The drainage calculation and the drainage design are adequate for this project .alc,ve, the road profile For the reasons stated will be considered acceptable with one exception. The Road & Bulkhead of Section indicatea wearing course finish product the tone blen9 or crushed conc rete , Since this material is crushed concrete will not be acceptable . The wearing course should consist of 3/4 " Stone Blend material. that is compc at.e9 to the thickness shown on the drawing. Tla contact myoofficF' any q'aestions concerning this review, Please S�cerely a A. Richter , A. Raymond L. ,Jacobs ( Superinten3erlt of Highways ) APR - 9 1993 ' '1 -PC S7 ✓SUe)F,' W :NEGATIVE DECf_ARATION :;.:.. - . .,, 4 02 3 T L._f NUMRFR N11.J iftl�fl-!'1n855 !; Town of SOUTHOL.D ..: SUFFOLK FAD AGENCY 473800 . : " - : :Town of SOU ('HOLD SUE":: .. .. _. FOLK County '� .. Fr7Cr- orROARD ; Planning Board iII F � CLASS ; T lJnti_.. Anna P1 :,ck ;: _.... ted �FSCRTP I"I ON : '3uh,Ji vira .. 2t . 71.3 ar int„ 4 ) rt,ti lo . exist r tghi of-wav oft N. Rywt F2C .I D.'TE. RFCE:,71;ED [ . Negative Drclarat�.on .'03/3.L,/93 Norm.eal Vnid c!. i!Cordi. ti.oned ': .. ..;_..._.Rescinded .:. .. :: .. rrent Record 2MPORTANT > > Fi1a NumbeY- : TT7- - 473800 - 00865 Use the above number in correspondence about this action ! To the Lead Agency ; Ills above information confirms that filings cn the described Negattvc Derl_arati.on were Officially received by, ,end entered in the F.C'dR Repository on the date (s) -Shown in the box headed DATE d in the a1aOve The dat,g and time in the second line show when this JDc:umr- � carat arinted• Please check the information above carefully, nor corn ct-r„ns or questions contact Charles L,ockrow, (518) 487-2224, write to : SEOR Repositor_y NYSDEC Division of Regulator/ Affairs .50 Wolf Road, Room 514 Albany, NY 12233 f o`^'n o'f SOIJ I HOLD Planning Board APR - 8 I9M 53095 !9a7-n Read-P_ O. Box 1..179 ' SouthOl d, NY 11971 `""`"'. . F'::, o PLANNING BOARD MEMBERS rn - Bennett Orlowski, Jr., Chairman W A George Ritchie Latham, Jr. y?JO! ��Qt� Richard SCOTT L. HARRIS rd G. Ward Supervisor Mark S. McDonald Town Hall, 53095 Main Road Kenneth L. Edwards P.O. Box 1179 PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-I823 April 13, 1993 Richard F. Lark Main Road P.O. Box 973 Cutchogue, New York 11935 RE: Major Subdivision for Anna K. Plock Southold, New York Dear Mr. Lark: SCTM# 1000-79-5-20. 2 The following took place at a meeting of the Southold Town Planning Board on Monday, April 12, 1993. The preliminary public hearing which was opened at 7:40 P.M. was held open until the Board receives the report from the Suffolk County Planning Commission. The hearing will be continued at the Board' s next meeting which is on May 3, 1993. Please contact this office if you have any questions regarding the above. Sincerely, �=��ardG Wardf iood CIVs Rich Chairman COUN-TY OF SUFFOLO S I A I-F OF NEW YORK ss: LEGAL NOTICE Patricia Wood, being duly sworn, says that she i> ill,. Notice of Public Hearing „ 4aP°r1Of `am>roadNa 7 : Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, NOTICE IS HEREBY The property is bordered on a public newspaper printed at Southold, in Suffolk County; GIVEN that pursuant to See_ the north by land now or and that the notice of which the annexed is a printed copy, lion 276 of the Town haw; a ' b formerly of Raymond$Gary, has been .published in said Long Island 'I7avcler-Watchman y public hearing will be held by y land now or formerly of once each week for . . . . . . .'_the Southold Ibwit �i W.Hokki;on the east by . . . . . . . w e e k S Board,at the Tbwn Planniningall,Main land now or formerly of Stephen A. Cook a wife, by . . . . Road,Southold, New York in land now, or formerly successvcly, commencingonthe said Town on the 12th day of Michael a Rothteld a others; April 1993 on the question of on-the South the following: by Private Road 7:30 P.M.Filial approval of NO. 7 of the Fishers Island the minor' subdivision for DMIOPment Corp., by land Robert A Hamilton in Mat- now or formerly of Stephen . . . . . . . . . . .-. . . tituck, Town of Southold, ' .a Cynthia P.Cook,by land County of Suffolk, State of now or formerly of Stephen New York. Suffolk County A.Cook and wife;on the west Tax Map Number by land now or formerly of 1000-141-2-21.2. ` mosey Cushing Whitney, by Sworn to before me This . . . . . . . . J. . . . . . . . . . . clay of The property is bordered on Private Road No. 7 of the the north by Westphalia FisherCa pos Island Development . . . . , . . i 3 Avenue on the east by land 1 ' now or formerly of E. a P. 7°40 PM. Preliminary ap- Kontoveros; on the loath by , Proval of the major subdivi- Middle Road(CR 48);on the lion for k, in southwest by land now or Southolcqthold, formerly of Stanley E. Swan- County of Suffolk, State of � � :• . son a Sharon M.Swanson;by New York. Suffolk County Notary Public -land now or formerly of J& Tax Map Number J.Czukor,on the northwest by 1000-79-5-20.2.— BARBARA A. SCHNEIDER Horton Avenue; by land now The Property is bordered on NOTARY PUUIC, State ofNmYork or formerly of Rosemary ' the north by Shelter island No. 4 06 4G Byrnes; by land now or Sound; on the east by land Qualifie(I in Suffclk County formerly of Anna M.Morris; now or formerly of Robert Caminlcsion Expires 0/3i/9Y by land now or formed of Herman,On the south by land Ruth Anna Whitmarshy by now or formerly of Robert land now or formerly of Herman; on the west by lots Pamela L. McCaffery. contained on the ,Map of 7:30 P.M.Final approval for Reydon Shores, Inc" Suffolk the lot line change for Ray. County File No. 631 (Suffolk mond B. Gary, Raymond B. County Tax Map Numbers Gary and Prudence G. Gary I�80 3-9, 10, 11, 12, 13, 14, nd Fishers Island Develop 15, 16, 17, 19.1 and 20)and by gent Corporation at Fishers the Beat Basin for the Reydon stand, Town of Southold, Shores Inc. subdivision(Suf- 'ounty of Suffolk, State of folk County Ux Map Number Jew York. Suffolk County 1000 80 3.2I.I). ax Ma Number 1000-q-5-13 � Person �Iring to be P _ ' heard on the above matter Should appM at the time and place above specified. Dated: March 25, 1993 By OR1D*W OF THE SOUTHOLD TOWN PLANNING BOARD Richard G. Ward Chairman IX-4/l/93(4) 5 1993 �y UNiy Cornell Suffolk County Education Center 54�FIli Cooperative 246 Grilling Avenue Riverhead,NY 11901-3086 �8 F=� Extension 516-727-7850 r is FAX 516-727-7130 April 1, 1993 Mr. Richard Ward Chairman Southold Town Planning Board Town Hall Main Road Southold, NY 11971 Dear Mr. Ward: Cornell Cooperative Extension of Suffolk County is committed to improving economic development and enhancing environmental quality through research-based education. In this role we support the efforts of the Peconic Land Trust to preserve open space and the mariculture facility at the former Shelter Island Oyster Company located on Great Hog Neck, Southold. This location is one-of-a-kind on Long Island, and will complement the educational programs at the nearby Suffolk County Marine Environmental Learning Center. We envision the Plock facility as a mariculture incubator, where fledgling companies can get a good start without investing in waterfront property and capital improvements. We would be pleased to offer technical assistance to whatever projects may be placed on this site. We commend the Peconic Land Trust and the Plock family for undertaking the preservation of this unique part of Suffolk County. Please feel free to contact our staff if we can be of service in accomplishing the goals of the Peconic Land Trust related to this project. Sincerely, ��"z C/ Kermit W. Graf COOPERATIVE EXTENSION AGENT Association D' ctor KWG:bs t! LS Q cc: Gregg Rivas -..� AjR _ 7 l;:d Helping You Put Knowledge to Work Cornell Cooperative Extension provides equal program and em to mento g g f NYS College of Veterinary Medicine at Cornell University,Cooperat ve Extensi n associations, of A ricultture and late Sciences,NYS College of Human Ecology,and s, y governing bodies,and U.S.Department of Agriculture,cooperating. PLANNING BOARD MEMBERS "Cz Bennett Orlowski, Jr., Chairman W 2 O a SCOTT L. HARRIS George Ritchie Latham, Jr. ' ' s' Supervisor Richard G. Ward Mark S: McDonald Town Hall, 53095 Main Road Kenneth L. Edwards P.O. Box 1179 PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD *t Fax (516) 765-1823 ► 8 19Q3 James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: �r�a k �tj� k Tax Map No. : 1000 Street Location: c 7`I 5 �c t Hamlet Locat ' e ,5�_ 'O Nor Location* So.�Tl1 Id r�•, R�4 TyPe of Application. Sketch Subdivision Ma Preliminar Subdivision Ma (Dated Final Subdivision Ma (Dated / 1-7 /q z Road Profiles Gradir12 and Draina a (Dated Other Plans (Dated (Dated Sketch Site Plan Prelim.nar Site Plan (Dated Gradin and Draina a Plans Other (Dated Comments- (Dated Contact Person: Sv�ni� ' f___�ECONI&AND TRUST . wer Lane,P.O.Be.2088,Southampton,NY 11969 (516)283-3195 Fax{516)283-0235 March 22, 1993 ✓UBFitE -P� Mr. Michael Corey MS ✓ Senior Environmental Analyst New York State Department of State Division of Local Government and Community Services Coastal Management Program 162 Washington Avenue Albany, New York 12231 Re: Plock Shellfisher Preserve F-92-502 Dear Mr. Corey: Pursuant to your letter of March 11, 1993 Peconic Land Trust encloses a revised Federal Consistency Assessment Form for the Plock Shellfisher Preserve. As noted in the heading of the attached memo, question #2A has been revised to include a action that was excluded in the original project description due to an oversight Thesed overall project includes not only the restoration of the aquaculture facility but also a residential subdivision of the woodland just east of the Quonset Hut. It has been proposed that the 3 vernal depressions, which are dry most of the year, be filled in and a one for one wetland be recreated in the 13 acre Preserve. protection. In this way Peconic Land Trust can monitor the health and well being of this newly created wetland and ensure its Your request for additional information also inquired about an engineering report which details the drainage and stormwater overflow plans for the subdivision area. I enclose a copy as an addendum to your E.A.F. Part III report, to be included as Appendix 16. Please do not hesitate to contact us at 516-283-3195 if we can be of any further assistance. Thank you for your time. We look forward to hearing from you soon. Sincerely, %k -Clad . (z . ath4 .2-- Mclanie A. Tebbens Planning Assistant cc: Richard F. Lark, Esquire James Haggerty, Dept. of Army, Corps of Engineers #92-18790-L2 John Wieland, Dept. of Environmental Conservation #1-4738-00522/00001-0 Richard Ward, Southold Town Planning Board Enclosure -A--PA PR ) 2 K193 P0�^HULD 1DWN '. h( BOARD NEW YORK STATE DEPARTMENT Of STATE COASTAL MANAGEMENT PROGRAM r Federal Comlatency Assessment Fore An applicant, seeking a permit, licensee .elver, certification or similar type of approval from a federal agency which is subject to the New Cork State Coastal Management Program (CIF), atoll complete this assessment form for any proposed activity that will ..�o�- -n'!•'- ^ri/or directly affect the State's Coastal Area. This fare is intended to assist an applicant in certifying that the proposed activity is consistent with Nmw York State's C1P as required by U.S. Department of Commerce regulations (15 CFR 930.57). It should be eonplated at the time 'Awe the federal application is prepared. The Department of State will use the completed form and accompanying information in it• review of the applicant's certification of eonststeney. A. APPLICANT 1, meet: Flock Family Joint Venture (Pick Shellfisher Preserve) (Please print) 2. Address, c/o Richard F. Lark, Esquire, Managing Agent, P.O. Box 973, Cutchogue, NY 11935 3. Telephone: Area Code ( ) 516-734-6807 Construct 199' of rock revetment;replace, in-kind in-place, 270' box Jetty B, PRDPOSED ACTIVITY bulkhead; dredge channel to Bay to be shared with Reydon SHores; break throe. to tidal basin to create a new boat basin (water depth to be 4 MLW); constr+ 1. Brief description of activity:_162 of bulkhead to support new break through; remove 195' of pi-. in the boat basin; fill .9 acres of—vernal of- vernal areas ff woodland or proposed Subdivision. (Please refer to attached proposal of improvements) 2. Purpose of activity: Revitalize aquaculture facility, subdivide 22 acres into 5 lots; 5th loi to be 12.6 acres, including the aquaculture facilityato be preserved. 3. Location of activity: Suffolk County Town of Southold North of North Bayview Road County city. Town or village street or Site ascription ♦. Type of federal permit/license required: Army Corps permit 5. Federal application number, if known: 92-06640-L2 6. If a state permit/license was issued or is required for the proposed activity. identify the stato agency end ` provide the application or permit number. if known: D E C Permit(AOo #1-47 38-00 5 2 2/nonol—nl C. COASTAL ASSESSMENT Check either "Yes" or "Now for each of the following questions. The numbers following each -•uestion refer to the policies described in the C!P document (see footnote on page 2) which may be affected by the proposed activity. YES NO 1. Will the proposed activity result in any of the following: a. Large physical change to a site withiq the coastal area which will require the preparation of an onvirooments) impiet statameetl (11, 22, 25i .32. 37. 380 41. •3)..........._ X_ b. Physical alteration of more thin two acres of land along the shoreline. land under X water or coastal waters? (2, 11, 32, 20, 26, 35, 44)........................................ — e. Revitalization/redovelopment of i deteriorated or underutilized waterfront site? (1)........ % d. Reduction of existing or potential public access to or along coastal waters? (19. 20)....... __ -I- *. Adverse effect upon the commercial or recreational use of coastal fish resources? (9, 10)... _ , X I. Siting of a facility essential to the exploration, development and production of enorgy X resources 1n coastal waters or on the Outer Continental Shelf? (29)......................... _ X 9. Siting of a facility essential to the generation or transmission of onergy? (27)........... h. Mining, excavation, or dredging activities, or the placement of dredged or fill materials X in coastal waterst (150 35).. • ............................,............................,.. , I. Discharge of taxies, hazardous substances or other pollutants into coastal waters? (15, 35). — X J. Draining of stormwater runoff or seeer overflows into coastal waters? (33).....0....0....... X k. Transport, storage, treatment, or disposal of solid wastes. or hazardous materials? (36, 3911. X -1. Adverse effect upon land or water uses within the State's�amall harbors? (4)............... R 2. Will the proposed activity affect or be toostted in, on, or adjacent to any of the following: a. State designated freshwater or tidal wetland? (aa).......................................... X b. Federally designated flood and/or state designated erosion hazard area? (11. 12. 17)........ X e. State designated significant fish and/or wildlife habitat? (7).............................. X d. State designated d9nificant &conic resource or ar"? (24)......0........................... o. State designated important agricultural lands? (26)......................................... R f. Beach, dune or barrier island? (12)......................................................... 9. Major ports of Albany, Buffalos Ogdensburg, Oswego or Now York? (3).............0........... X h. State, county, or local park? (19, 20)...................................................... .� -XX-- I. Historic resource listed on the National or State Register of Historic Places? (23)........ .__ _ 1 _ J YES jw 3, wili the proposed activity require any of the follOwingi •. waterfront site? (2. 21, 22)....... ........................................................ K b. /rovision of now public Services Or tnfrantructun in undeveloped or sparsely K populated sections Of the Coastal area? (3)...........................................*`-• c. Construction or reconstruction of a flood or•ermlem 640*e1 structural 03, 140 16)........ X d. State water quality permit er COrtifiestlon? (300 36, qe)................................... •. State air quality permit or Cortifieatice? (i,t, 43)..................1.....0............. :.. a. will the proposed activity occur within and/or offset On area covered by a State approved local waterfront revitalization program? (see policies in local program documental.... �.. ADDITIONAL STEPS 1. If all of the questions in Section C ore answered "Mows then the applicant or agent shall Complete Section E and submit the documentation required by Section F. 2. If any of the questions in Section C are answered "Yea"s then the applicant Or agent is advised to Consult she C1� ors where appropriate, the local waterfront revitalization program docum*Pt*- TM P?OPOsad activity must be snalyzad in more detail with respect to the applicable state or leoal Coastal policies. In the apace provided below or on a separate page(s), the applicant or agent &halls (a) identify, by tMir policy numbers, which coastal policies are affected by the activity, (b) briefly also&s the effectwings the completion activity iivity upon the policy; and, (C) state how the activity is consistent with each policy. this written assessmenta the applicant or agent shall complete Section E and submit the documentation required by Section F. CERTIFICATION The applicant or agent must certify that the proposed activity is consistent with the State's Oir or the approved local waterfront revitalization program, as appropriate. if this Certification Cannot be made$ the proposed activity shall not be undertaken, if this certification can be made, eowplate this Section- -rho proposed activity complies with New York State's approved Coastal N&nagement Program, or with the applicable approved local waterfront revitalization program, and will be conducted in a manner consistent with such program." Applicant/Agent's Now: FLOCK FAMILY JOINT VENTURE c/o Richard F. Lark, Esquire, Managing Agent, P.O. Box 973, Cutchogue, NY 11935 Address: Telephone: Area Code Applicant/Agent's Signature: "Gs' SLSmISSION REOUIREMENTS 1. The applicant or agent shall submit the following documents to tK&,N9 York State DOPaftmOPt of State, office of Local Covernment Services. Coastit NanagamsnL Program 162 Washington Avenue, Albany, a. Original signed form. b. Copy of the completed federal agency OPPlic&tiOn. c. Other available information which would support the Certification Of Consistency. 2. The applicant or agent shall also submit a Copy of this completed form along with his/her application to the federal agency. E. if there are any questions regarding the submission of this fora. contact the Department of State at (519) 474-3fA2. s partment *These state end local documents are available for lnapeetlon at the offlCos of syny 'Od 1itaral regional end county of Environmental Conservation and Department of State regional offices, and the ape oP planning agencies. Local program documents are also available for inspection at the of of the appropriate local government. - 2 - -CAF Revised 6/54 - PECONI(�AND TRUST 30 Jar;cr bane,P.O.box 2088,Southampton,M'11969 (S I6)283-3195 Fax{516)283-0235 Memorandum To: N.Y. State Dept. of State/Coastal Management Program From: Peconic Land Trust Date: March 22, 1993 (Question #2A -Revised from August 26, 1992) Re: Federal Consistency Assessment Form Pursuant to section#D.2 of the Federal Consistency Assessment Form, the following is a further review of the questions in section#C.1, #C.2 and#C.3 which were answered "Yes". (Please refer to the attached proposed work schedule for the 3 phases of improvements we intend to undertake once permission is granted.) Question #1C Our proposed activity will result in the restoration and revitalization of a deteriorated and under-utilized waterfront area. Our proposed activity is, therefore, consistent with Policy #1. Upon referring to Policy#1: Our proposed activity will provide for the revitalization of a aquaculture facility for limited research and educational use in an effort to enhance the regions commercial and recreational shellfishing community. Our proposed activity could therefore serve as a catalyst to private investment in this area (as per item#lc of policy#1). In addition, the proposed activity will improve the deteriorated condition of the site (item#ld of Policy#1) and increase the potential for multiple use of the site(item #lh of Policy #1). Our proposed activity is compatible with the surrounding area. Most of the proposed work will replace (in-kind) structures that have been on the property for years. In addition, the proposed use of the tidal basin as a boat docking facility is completely consistent with the adjacent Reydon shores boat docking area (consistent with item#le of Policy#1). Question #111 Our proposed activity will require limited dredging. Upon referring to'Policy#15 and#35: Proposed activity will not cause an increase in erosion of the land, rather it is a preventative measure which will halt current erosion problems due to deteriorated structures (consistent with Policy#15). No dredge material will be placed in coastal waters (consistent with Policy#35). Question #2A There are tidal wetlands located on the property; there are no state designated freshwater wetlands on the property. (See attached correspondence with the Department of Environmental Conservation determining non jurisdiction over seasonally wet vernal areas). The Army Corps of Engineers (federal), however, has declared jurisdiction over 3 venial depressions which total .9 acres. Upon referring to Policy#44: After conferring with D.E.C. officials regarding the tidal wetlands, we concluded that the proposed activity will enhance tidal flow and, therefore, should enhance the overall quality of the tidal wetland system(consistent with Policy#44). Our project proposes to fill in the three (3) vernal areas and recreate, one for one, a freshwater wetland in the Preserve area(lot#S). In this way Peconic Land Trust can monitor the health and well being of a newly created wetland rather than leave these marginal, venial depressions within a residential development area. We believe the proposed residential use surrounding the vernal areas will most likely render useless 11_X potential wildlife uses of this habitat and benefits of this wetland. Therefore, our proposed action promotes and ensures all of the benefits derived from freshwater wetlands to the fullest extent possible (consistent with Policy #44). Question #3A Our proposed activity is located at a waterfront site. Upon referring to Policy #2, #21 and#22: The proposed activity will result in the revitalization of a unique aquaculture/shellfish seed grow out facility and is therefore completely consistent with policy#2 (as defined in Section #1, 2 & 5 - Water dependent uses and facilities). Given the proximity of the established boat basin just west of our proposed boat basin, there is access to an adequately sized navigation channel. The activity will therefore be consistent with the surrounding community. The revitalization of the facility will enhance the region's recreational and commercial shellfishing industry and is therefore consistent with Policy#21 and Policy #22. Question #3C Our proposed activity will require the reconstruction of an erosion control structure. Upon referring to Policy#13, #14 and #15: The proposed activity (rock revetment) will be constructed in a manner such that it will have a reasonable probability of controlling erosion for at least thirty years (consistent with Policy#13). Further, the proposed activity will be undertaken so that there will be no measurable increase in erosion and will not significantly interfere with the natural coastal processes which supply beach materials to land adjacent to such waters. (consistent with Policy#14 and Policy#15) PECONl•LAND TRUST 30 Ja�;cr L.,."P.O.Box 2088.S=hampton,NY 11969 (516)283.7195 FmJS16u830235 Plock Shellfisher Preserve Project Description of Project/Proposed Work Revise 2/3/93 I. OVERVIEW Peconic Land Trust - The Peconic Land Trust is a nonprofit, tax-exempt conservation organization dedicated to the preservation of farmland and open space on eastern Long Island. The Trust acquires and manages land as well as easements for conservation purposes. In addition, the Trust assists landowners with the implementation of alternatives to outright development. The organization was incorporated on August 1, 1983. Since that time, over 1,000 acres of land have been protected. Current projects encompass several thousand acres. Plock Shellfisher Preserve - Currently, the Trust is working on a unique project with the owners of a waterfront property located on Great Hog Neck in the Town of Southold. Plock Shellfisher Preserve is a 23-acre property which includes significant wetlands and woodlands which should be preserved as open space. In addition, the site is the former location of a unique aquaculture facility for the Shelter Island Oyster Company. According to marine science experts from the Cornell Cooperative Extension Sea Grant Program and the S.U.-N.Y./Stony Brook Living Marine Resources Institute, this is a "one of a kind facility on Long Island, and one that Fould be put to good use by research, extension, municip,dities and the commercial sector." While the property may have a yield of as many as fourteen (14) building lots under current zoning regulations, we anticipate the gift of approximately 15 acres to the Peconic Land Trust thereby limiting the property to a total of five (5) building lots. Prior to conveying the fifth lot (open space and facility) to the Trust, the current owners are willing to make all the necessary marine improvements to the existing aquaculture facility so that it may be used in the future for limited research, educational and other appropriate shellfish dependent uses. The permit applications submitted herewith for the Department of Environmental Conservation approval reflects this intention. Specifically, we are requesting permits to complete the marine improvements as outlined below. As you will note, we have made every effort to protect the most sensitive portions of this property aS well as to preserve future options for the use of the aquaculture facility. Needless to say, we believe that the proposed marine improvements will enhance tidal flow and the overall quality of the existing marine system. In addition, once the marine improvements are completed, this aquaculture facility would have the potential of providing significant public benefits to the Town of Southold's educational, recreational and commercial shellfishing community. II. DESCRIPTION OF GENERAL PURPOSE OF PROJECT Our general goal, therefore, is to implement a conservation/limited development plan which will achieve three primary objectives: 1) preserve approximately 13 acres of open space, 2) revitalize the pre-existing aquaculture facility and 3) provide a means for the owners to realize the equity in their property through limited development. III. DESCRIPTION OF WORK Phase I - Phase I work is the hizhesi priority- current bulkhead, fronting Shelter Island Sound, is in very bad shape and in danger of breaking apart. Emergency permits would be helpful, if possible. Work will include the following: 1) Replace dilapidated front bulkhead with a 199' (42'+157) rock revetment; bedding stone to be 4" in dimension, core stone to be 8"-18" in dimension and the dolomite quarry stone to be 1,000 - 1,5001bs.; filter cloth to be poly filter X. 2) Reconstruct, in-kind/in place, the box jetty bulkhead at the entrance to Southold Bay Opposite Reydon Shores property; 270' (80'+34'+156') in len description on the plan dated 1/7/93). gth. (please see 3) Reconstruct, in-kind/in place, the bulkhead located between the gateways and the Quonset Hut, 87' in length. 4) Replace the dock planking.over the tidal water's entryway into the Quonset Hut. 5) Place stone armor on the east side of the gateway behind the reconstructed bulkhead. Purpose: The specific pu marine swctures. rpose of this work is to prevent further erosion and stabilize existing Phase II - Phase II work will focus on the creation of a limited use boat basin for the reserve area and aquaculture facility. Work will include the following: 1) Dredging of channel to Southold Bay from Reydon Shores basin. Dredge material to be deposited as backfill behind reconstructed box jetty bulkhead. 2) Dredging a 35' wide break through to create a boat slips in the tidal lagoon. Water depth of break through is to be 6' at MLW. 3) Recreate 35' of Spartina alterniflora south of the break through to replace what is being disturbed. 4) Construct bulkhead 162' in total length to support the break through to the basin. These bulkhead walls will contain the earth bordering this break through. 5) Removal of 195' of the existing 435' of tracks in the boat basin area; resurfacing tracks for use as docking piers for a maximum of 10 boat slips. 6) Carting away the existing cement slabs which are south of the box jetty along the shoreline. Purpose: The specific purpose of phase II work is to provide for a combined-use area (boat basin), with access to Southold Bay. This boat basin will be used by the aquaculture facility and homeowners in the limited development. This work will also provide for increased tidal flow and exchange to the entire marine system. Phase ITI - Phase III work will focus on the stabilization of the banks of the existing long creek which leads to the Long Pond. This work is the least important as regards the overall project. We have yet to determine whether or not this will be done with Bulkheads or Gabeons. Purpose: The specific purpose of the phase III work is to prevent erosion along the banks of the long creek which leads to the Long Pond. This work will also increase tidal flow and exchange to the back area of the Long Pond. While we are eager to begin work as soon as possible, we are requesting 5 year permits for all the proposed work. N6•w York State Departmetof Environmental Conservation • Building 40—SUNY, Stony Brook, New York 11790-2356 -�---- (516) 751-1596 D C 1 \ Mr. Timothy Caufield Pec OCT _ 9 e02 Peconic Land Trust P.O. Box 2088 Thomas C. Jorling Southampton, NY 11969 Commissioner 2 October-1992 Re: Plock Shellfisher Preserve SCTM #1000-79-5-20.2 Dear Mr. Caufield: In response to your letter dated September 2, 1992, 1 have been asked by Steve Sanford to answer your questions regarding the Article 24 jurisdictional status of the above-referenced Parcel. I hope that the following information will fulfill your needs: 1) A preliminary review in the office and an inspection of the site revealed that there is one NYSDEC-regulated freshwater wetland on the subject property. This wetland is designated as part of#SO-41. I have attached a map noting this area. copy ro our wetland 2) There are three small unmapped wetlands, not regulated by NYSDEC, also located on the parcel. I have attached a copy of a site plan showing these unregulated wetlands. Please note that these wetlands may be protected by the US Army Corp of Engineers. For further information regarding federal protection of these wetlands contact Steve Mars at (212) 264-9053. 3) There is a pending permit application before our Department, UPA #1-4738- 00522/00001-0. Please contact John Wieland, Division of Regulatory Affairs, at (516) 751-1389 for further information regarding this application. if i c2i" be Of hill he,- ass hesitate to caii ine a assistance, Pledge do noc Ht die above-referenced telephone number. Yours very truly, Diane S. Goetke Conservation Biologist II (Ecology) cc: John Wieland Bureau of Environmental Protection Attachments CJ PrinreE on re[yde0 paper llVJ1@N l.'r r9Kv24b' 'r ft15�{�I rl PI !.S�JI , ' 3 rrlJ7n.!S j'a" IW aprU L11 LI !i l! 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X 4.1 X 11, I 1: 5 .IS 7/'Oop 5•FF I } wq iEU WETLAND! y/ to co I I- X m Q� N X �PGO I i' = RIGOF w4yTO 9 i E 1 PE�� EDT LAN p T 1 "0 �,5 5.8dV3 9'.w LAG II 2.�±Acr r i _ 0 SON aioo (1 Ls e5 16.8 . : ' — t 3. PK1VAT �O f X J or .._, I�a WETLANDS X C R AD I I °33 � . COxc. (D: �i-1 /� lLoo 4A n..322~'2F � � GD. Bruce Anderson environmental Consultant `•.� April 17 , 1992 John Bredemeyer , President Southold Board of Trustees Town Hall P . 0 . Box 1179 Southold , NY 11971 Re: Anna K , Plock SCTM # 1000-79-5-20. 2 Dear Mr. Bredemeyer, A field inspection of the above referenced site was conducted on April 17 , 1992 . Mr . Tim Coeffield assisted in the field inspection of freshwater wetlands located on lots 1 , 2 and 4 as indicated on the Sketch Plan prepared by Howard Young, dated March 5 , 1992. Specifically , these wetlands were inspected for the presence of ambystomid salamanders and other aquatic fauna. Visual inspection of these ephemeral ponds revealed no egg masses nor adult amphibians . Only a limited seining effort was made as to minimize disturbance to these wetlands and any larval amphibians potentially present. It is recommended that these wetlands be re-examined in May as any larval forms present will be more effectively sampled and identified at that time. Additionally, the hollow located within the preserve area on the western portion of the site ("hollow area ) was inspected to evaluate its potential for a wetlands creation project (See attached map) . My preliminary finding is that the hollow area may in fact be suitable for the creation of freshwater wetlands . As you are aware , the lagoon was dug some time ago and the resultant spoil was deposited in various adjacent locations. Phragmites dominates the mapped hollow area suggesting that the fill may have been previously placed in this area. In fact , the hollow area may have been , in earlier times , a freshwater wetland. You will note the hollow area consists of a larger drainage shed than wetlands found 'on lots 1 and 4 . Given that clay soil types are associated in freshwater wetland areas found on site and these wetlands may in fact be perched above the water table , a successful wetlands creation project may be possible in the hollow area. Therefore, it is recommended that shovel probes be conducted in the hollow area to see whether underlying soil types are clay like. 475 Rambler Road, Southold, NY. 11971 15161 765-4071 In summary, an additional field inspection should be conducted on the Plock site in mid to late May to determine aquatic fauna utilizing wetlands on lots 1 , 2 and 4 , and shovel probes should be conducted in the hollow area to partially evaluate the likelihood of success of any wetlands creation project in this area. Sincerely , Bruce Anderson 475 Rambler Road, Southold, NY 11971 (516) 765-4071 IS �� S.F. r IanAC , q�C7 ' -- ^ � I ICY'/ .{pt 1Q7 c• /ri.t. �, 'y i,/ , / / I,%�oP / I w � I ( t Y �X 31�� 10 MC • ` ifFJA D%AY 103.13.�/�- / '� I 5.58 -- i CHAIN LINK F� Lot C 1a�713 �N.B°?� 49 \ �42 1 _ Loli iti Wm �N A P- .�•fr �, `r ��N -^',gym -i. lotY_,,, ,I j; ' Lot2 w ,v nN (' .r m i i - `o I vt w SSS r o �= W�� - vo13 r' s\ n' ` / \ . \ Appendix 16 February 8 , 1993 ATTACHMENT TO ENVIRONMENTAL ASSESSMENT FORM, PART III Discussion of Impacts A. Stormwater Control/Drainage Plan 1. The proposed road and drainage system (refer to Preliminary Subdivision Map, dated August 17 , 1992 , prepared by Young & Young) will prevent surface water runoff from discharging directly into the adjacent wetlands. In accordance with New York State Department of Environmental Conservation Tidal Wetlands Land Use Regulations 6 NYCRR Part 661, the proposed drainage system will collect, store, and ultimately recharge the surface water runoff generated on the project site by a five-year storm, ie. 2 inch rainfall. As designed, the proposed road and drainage system will minimize disturbance to the adjoining areas. By proposing a roadway pavement material, ie. crushed stone or recycled concrete that is relatively permeable, the expected volume of storm water runoff and the required number of storage structures is significantly reduced. As designed, the proposed road and drainage system will reduce the potential for degradation of adjacent wetlands by retaining and recharging the first flush storm water which generally carries the majority of any road runoff contaminants. Additional filtering of storm water prior to ground water recharge is accomplished by setting all leaching pool bottoms a minimum of 2 feet above the water table. The overall drainage plan includes two (2) separate and distinct drainage systems. The first system consists of two (2) catch basins (nos. 1-2) , seven (7) 10 foot diameter by 4 foot deep leaching pools, approximately 80 linear feet of 18 inch diameter connecting pipe, and one (1) bubble basin. This system is designed to handle the storm water runoff generated from the southerly 400 feet of roadway and tributary areas. The second system consists of two (2) catch basins (nos. 3-4) , eight (8) 10 foot diameter by 3 foot deep leaching pools, approximately 60 linear feet of 18 inch diameter connecting pipe, and one (1) bubble basin. This system is designed to handle the stormwater runoff generated from the northerly 500 feet of roadway and tributary areas. An integral component of each drainage system is the bubble basin. The bubble basin provides a safe overflow for: the drainage system during storm events which generate surface water runoff that exceeds the design capacity of the system. The proposed grate elevations for each of the two (2) bubble basins are set 0 . 2 feet to 0. 3 feet lower than the respective catch basin grate elevations to maximize storage capacity, minimize overflow to the adjacent wetlands, and prevent roadway flooding. ' 2 . The proposed roadway will provide proper access to emergency vehicles for the following reasons: * The proposed roadway consists of a 16 foot wide crushed stone or recycled concrete pavement on a base course of stabilized soil. * The only curbing proposed is a 20 foot section at each of the four (4) catch basins. In these areas, the pavement width increases to 20 feet from face of curb to face of curb. * There is a 15 foot grassed shoulder on both sides of the pavement along those sections of roadway without curbing. * The minimum inside turning radius for the proposed roadway is approximately 105 feet. These features of the proposed roadway are deemed more than adequate to facilitate access for all 2-wheel drive and 4-wheel drive emergency vehicles. 3 . Additional detail regarding sanitary system location and design is addressed in Section C. below. 4 . The proposed building envelopes are based predominately on wetland setback requirements as regulated by the New York State Department of Environmental Conservation and on zoning setback requirements for front, rear and side yards as regulated by the Town of Southold. The proposed building envelopes are more than adequate for a single family dwelling, providing the individual building lot site designer with some flexibility in locating the proposed structures to avoid any unnecessary removal of desirable vegetation. B. Protection of Vegetation Refer to Section A. 4 above. C. Sanitary System Design & Conformity to Suffolk County Department of Health Services Regulations 1. The subdivision of land is regulated by Article 6 of the Suffolk County Sanitary Code. The Suffolk County Department of Health Services will approve a subdivision map only if the proposed arrangement of sewage disposal and water supply facilities, as shown in a typical lot detail, meet the requirements of Article 6. The suitability of soils for the proper functioning of a subsurface sewage disposal system is determined by excavating a test hole on the property at a location selected by the Health Department. The test hole is also used to verify the depth to groundwater. - Page 2 - • Following approval of the subdivision map, the Health Department requires a survey, ie. map for building permit, showing the proposed dwelling, water supply and sewage disposal system locations and details of construction. This map for building permit is approved for construction if the proposed arrangement of water supply and sewage disposal system complies with the requirements of Article 6 and the Standards for Approval of Plans and Construction for Subsurface Sewage Disposal Systems for Single-Family Residences, latest revision. The minimum sewage disposal system required for a single-family residence consists of a 900 gallon septic tank and a leaching pool or leaching pools containing 300 square feet of sidewall leaching area. Depending on the depth to groundwater from the existing or proposed surface elevation, a one, two, or three leaching pool system may be used. If the distance from existing grade to groundwater is less than 5 feet, then a grading plan showing the sewage disposal system location and proposed grading is required. The three (3) test holes shown on the Preliminary Subdivision Map, dated August 17 , 1992 , indicate depths to groundwater of 9 . 7 feet, 7 . 6 feet, and 3 .7 feet, respectively. Based on the existing grades and depth to groundwater, the proposed sewage systems for the four (4) lots are likely to be as follows: Lot No. Septic Tank Leaching System 1 900 Gal. Tank (3) Pools - 81 Dia. X 41 Deep 2 900 Gal. Tank (3) Pools - 81 Dia. X 41 Deep 3 900 Gal. Tank (3) Pools - 8' Dia. X 4 ' Deep 4 900 Gal . Tank (3) Pools - 8 ' Dia. X 4 ' Deep A proposed grading plan would be included with the map for building permit prepared for each of the four (4) lots due to the rolling terrain and depth to groundwater. 2 . The results of the three (3) test holes excavated on the property depict the prevalent subsoil conditions as fine, medium, and coarse sand. These subsoil conditions are conductive to the proper functioning of a subsurface sewage disposal system. 3 . Based on the foregoing discussion, the proposed configuration of lots, dwellings, water supply and sewage disposal systems conform to the latest Health Department Standards . 4 r Prepared by: Thomas C. Wolpert, P. E. Young & Young, Land Surveyors Page 3 - y PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman +*� .S SCOTT L. HARRIS George Ritchie Latham, Jr. `'J� a�P Supervisor Richard G. Ward Mark S. McDonald a Town Hall, 53095 Main Road Kenneth L. Edwards P.O. Box 1179 PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (5I6) 765-1823 March 23, 1993 Richard F. Lark Main Road P.O. Box 973 Cutchogue, New York 11935 RE: Major Subdivision for Anna K. Plock Southold, New York SCTM# 1000-79-5-20. 2 Dear Mr. Lark: The following took place at the meeting of the Southold Town Planning Board on Monday, March 22, 1993: It was RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assume lead agency, and as lead agency, make a determination of non-significance, and grant a Negative Declaration. A Part III Long Environmental Assessment Form was submitted and reviewed. The Part III demonstrated that consideration had gone into the balancing of issues and it was determined that the overall objectives of the project are beneficial. It was determinated that significant adverse effects to the environment are not likely to occur should the project be implemented as planned. A copy of the Negative Declaration is enclosed for your records. It was also RESOLVED that the Southold Town Planning Board set Monday, April 12, 1993 at 7 : 40 P.M. for a preliminary public hearing on the maps dated August 17, 1992. Anna K. Plock March 23, 1993 Page 2 Please contact this office if you have any questions regarding the above. Sincerely, K�4-a /*' 4'�'w Richard G. Ward 41 f Chairman Encl. CC: Melanie Tebbins, Peconic Land Trust PLANNING BOARD MEMBERS � Bennett Orlowski, Jr., Chairman t' 0 SCOTT L. HARRIS George Ritchie Latham, Jr. l`" ��0� Supervisor Richard G. Ward 1 Mark S. McDonald Town Hall, 53095 Main Road Kenneth L. Edwards P.O. Box 1179 PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (5I6) 765-1823 State Environmental Quality Review NEGATIVE ION Notice of Determination L Of Non-Significance Date: March 22, 1993 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency,ill not has determined that the proposed action described below w have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Anna K. Plock SCTM$: 1000-79-5-20. 2 Location: The subject existing right-ofrwayty l off oNorth gaicated on ew v Road, approximately 935 feet east OfReydon Road. SEQRA Status: Type 1 (x) Unlisted ( ) Cond. Negative Declaration: Yes ( ) No (x) Description of Action: Subdivision of 21 . 79 acre parcel into 4 building lots with sizes ranging from 1. 5 acres to 2 .1 acres. A fifth 12. 6 acre parcel is also proposed as a reserve area to be conveyed to the Peconic Land Trust. The existing aquaculture facility is proposed to be improved and will be owned and managed by the Trust. PECONIC LAD TRUST � lob 30 Jagger Lane,P.O.Box 2088,Southampton,NY 11969 (516)283-3195 Fax:(516)283-0235 March 19, 1993 �' �i1 NQ 2 INS N Richard Ward, Chairman LLP:SLOA=NTtHJ(NGRD Southold Town Planning Board `� Town of Southold, Town Hall 53095 Main Road Southold, New York 11971 Re: Plock Shellfisher Preserve (SCTM#1000-79-05-20.2) Dear Mr. Ward: I am writing to clarify the Peconic Land Trusts plans with respect to the above referenced subdivision. As you know,the Plock property lies in the R-40 zone with a yield of approximately 14 lots. The Plock Family Joint Venture has proposed a 5 lot subdivision. They intend to retain the four smaller residential lots and gift the larger fifth lot to the Peconic Land Trust. The natural characteristics of this property, as well as the historical use of the property as a aquaculture facility, makes it unique and ideally suited for preservation and/or restoration for limited educational, scientific and research use. It is our firm belief that this property has the potential of providing significant public benefits to Southold Town's educational,commercial and recreational shellfishing community. We are not currently proposing any specific use for this property other than those allowed under current zoning. We are simply trying to protect the property from full scale development and restore the fifth lot(aquaculture facility) so that it May possibly be used in the future for appropriate aquaculture uses. Of course, it is understood that BUX specific use or improvements to the fifth lot will require the review and approval of the Planning Board and the Town Trustees. We have submitted a draft conservation easement to the Planning Department which may be useful in establishing the specific covenants and restrictions with respect to the ownership, use and maintenance of the fifth lot area. We are eager to bring this project to fruition. The Plock Family has been most generous in their willingness to provide the property, the funds for restoration and therefore the attendant opportunities for public benefit. We look forward to working cooperatively with the Town of Southold on this worthwhile project. Thank you for your patience and assistance in this regard. Sincerely, T�iro VCa'Uik11(( Assistant Director cc: Mr. Lark, Esquire • 6F)L9' V MS STATE OF NEW YORK DEPARTMENT OF STATE ALBANY, N.Y. 1 223 1-0001 GAIL S.SHAFFER SECRETARY OF STATE March 11, 1993 Ms. Melanie Tebbins Peconic Land Trust 30 Jagger Lane P.O. Box 2088 Southampton, New York 11969 Re: F-92-502 U.S. Army Corps of Engineers/New York District Permit Application - #92-06640-L2 Plock Family joint venture Town of Southold DEC #1-4738-00522/00001-0 Request for Additional Information Dear Ms. Tebbins: Pursuant to 15 CFR 930.58, the following data and information is necessary to enable the Department of State to adequately assess the coastal zone effects of this proposed project. Thank you for the information you attached with your letter of February 26, 1993, including correspondence between you and the Corps of Engineers, and the survey of the overall property. I have a couple of additional questions. 1) According to the correspondence, the residential development and in-water work components will be treated as one proposal. The status of the potential isolated wetland fills on the residential development area seemed to be unclear. Because of the combining of the residential and in-water proposals, it would make sense for the overall application to the Corps of Engineers to reflect this combination. The present application does not include the proposal to fill the wetlands - a revised application that reflects the entire proposal should be submitted to the Corps of Engineers. Because of the possible wetlands impacts and the removal of the revetment and box jetty portions of the project (these last portions already permitted--by-the-Corps) , a- new Federal Consistency Assessment Form _ that will clarify what approvals are being sought should be Enclosed is a blank form for your use. 77 W3 Coaint� ewleEImI. sourP,0I PL@f'° :OUNTY OF SUFFOLK M5 , �F . � v-�.e0" br^ ftA. d" �t ROBERT J. GAFFNEY y U�� SUFFOLK COUNTY EXECUTIVE MARv E. HIBBERD. M.D., M.P.H. /VI COMMISSIONER January 6, 1993 Richard F. Lark, Esq. Main Road PO Box 973 Cutchogue,NY 11735 Dear Mr. Lark: Subject: Board of Review Hearing - December 17, 1992 Plock Subdivision,#92-204, Bayview, (T) Southold; SCTM 1000-79-5-20.2. Enclosed is a copy of the Board of Review's findings, recommendations and determination concerning the subject application. Based on the information submitted, the Board granted the request for variance with the provisions indicated in the determination. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. ^^Very truly yours, '�—�s. YAw,4, Dennis Moran, P.E. Chairman Board of Review DMAst Enclosure cc Board of Review File - Riverhead Peter Akras, P.E. - SCDHS Roy Dragotta, Esq., Dept. of Law 0 Wi DIVISION OF ENVIRONMENTAL QUALITY M AUnrm 0-111: WIR 17 IM__ 225 RABRO DRIVE EAST HAUPPAUGE. ' Y I1788�a290 TI, . 151,853.30T9 F— 5'6) 853-2927 SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES ` DIVISION OF ENVIRONMENTAL QUALITY - " . - Article 2, Section 760-220, Suffolk County Sanitanf OAN PM 4 23 To: Mary E. Hibberd,M.D.,M.P.H. COMA i-'�[k`uFHEAITH Commissioner From: Dennis Moran, P.E. Chairman,Board of Review Subject: Ploc k Subdivision,ort of #92 204,Bayview, (T) Southold; SCTM 1000 9 ngs and Recommendations of the Review Board Regarding: 0.2. Applicant: Richard F. Lark, Esq.,Main Road, PO Box 973,Cutchogue,NY 11735 Notice of Hearing: Screening - Hearing Date: December 17, 1992 Statement of Problem Installation of private water supply wells should be screened a minimum of 40 feet into groundwater to comply with the intent of Article 6, Section 760-606.1.d, of the Suffolk County Sanitary Code, and Section 3 of the Department's Standards and Procedures for Private Water Systems. The applicant is requesting approval of shallow wells. Findings and Facts 1. Proposed development of a 21.7 acre parcel into five lots ranging in size from 1.7 to 12.6 acres. 2. Site is in Groundwater Management Zone IV. 3. Area is zoned AA Residential. 4. Public water is not available. On-site test wells with 16 feet of water in casing indicate acceptable water quality. Nitrates <0.2 mg/l; chlorides 28 mg/l; and iron 0.18 mg/l. Due to saltwater, the well could not be installed at a greater depth. 5. Depth to groundwater is about 5 feet. 6. Soils are loam 0-3 feet; clay 3-6 feet; and san-',/C+Avel 6-12 feet. 7. Average lot size is 81,000 square feet, excluding a I2-7 acre parcel to be maintained as a mariculture research and educational facility by the Peconic Land Trust. 8. Proposal complies with Article 6 density requirements. a Mary E. Hibberd, M D., M.P.H6 Page 2 Subject: Report of Findings and Recommendations of the Review Board Regarding: Plock Subdivision,#92-204, Bayview, (T) Southold; SCTM 1000-79-5-20.2. Detemtination It was a 3 to 0 detemunation of the BoardC97,'t4� request for the variance provided the following conditions are met: I 1. Obtaining all state/town wetlands and SSEQRA approvals. �2- Covenant, in language acceptable to the County Attorney, that none of the parcels will be further subdivided. 3. Covenant, in language acceptable to the County Attorney, that on-site private wells do not comply with the department's construction standard for well depth; i.e., wells will be less than the required 40 feet into groundwater. Article 6 is intended to protect surface and groundwater quality by establishing limits on population density. Approval of the requested variance under the conditions specified should not have any substantial adverse effect on water quality. ily�g3 co.� YV1�.A ._ Date Dennis Moran, P.E., Chairman DM/ist a g�FF04 • �� 5 SUPERVISOR TRUSTEES �O CD John M. Bredemeyer, III, President =yam Gy` f a IV r � 5 SCOTT L. HARRIS Albert J. Krupski, Jr., Vice President y x p 19�3 Henry P. Smith ,�, n� Town Hall John B. Tuthill �y 53095 Main Road William G. Albertson Oj �a0 P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Southold Town Trustee FROM: John M. Bredemeyer, DATE: March 10, 1993 RE: SCTM #1000-79-5-20. 2 Plock Shellfisher Preserve This office is in possession of a Lead Agency Coordination Request for the above referenced project. Any Trustee wishing to comment to the Planning Board should do so prior to March 22, 1993 . A copy of this coordination request has been filed in our permit file for the facility. cc. Richard G. ward, Chairman, Southold Town Planning Board . • Su a.3F ic.0 RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P. 0. 80X 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 February 19 , 1993 Southold Town Planning Board Town Hall , 53095 Main Road P. O. Box 1179 Southold, New York 11971 7 , ATT: Melissa Spiro RE: Plock Subdivision SCTM #1000-079 .00-05 . 00-020. 002 Dear Ms . Spiro: Pursuant to your letter dated February 10 , 1993 I am enclosing Check No. 522 of Plock Family JV to the Town of Southold in the amount of $500 .00 . Very truly yours, RFL/bd Al'Chard F. Lark Enclosure FM 2 2199(i ! " t �oSyFWtf o : PLANNING BOARD MEMBERS rn + T SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman � ` �''^ 4`� Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 March 4, 1993 RE: Lead Agency Coordination Request LEAF Part III Anna K. Plock Southold SCTM## 1000-79-5-20. 2 Dear Reviewer: Under separate cover you received information pertaining to the environmental review for the above mentioned subdivision proposal. The applicant has presented a LEAF Part III for the project, a copy of which is enclosed. The Planning Board is circulating the Part III for inter-agency input. It is anticipated that a Determination of Significance will be issued on March 22, 1993 . Please notify this office if you have any comments prior to that date. Sincerely, �tGNAVL(/� Richard G. Ward *15 Chairman Encl. cc: John M. Bredemeyer, President, Board of Trustees Suffolk County Dept. of Health Services John Wieland, NYSDEC - Stony Brook Michael Corey, Dept. of State James Haggerty, U.S. Army Corp. of Engineers H PLANNING BOARD MEMBERS � � �� SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. '�,( Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 February 5, 1993 Charles J. Voorhis Cramer, Voorhis & Associates, Inc. Environmental and Planning Consultants 54 N. Country Road Miller Place, New York 11764 RE: Review of EAF Part III Anna K. Plock SCTM# 1000-79-5-20.2 Dear Mr. Voorhis: Under separate cover, the Environmental Assessment Form Part III for the above mentioned subdivision was sent to your office for review. Please develop an estimate of what it will cost to undertake the review. If the Planning Board wishes you to proceed with the review, it will send a facsimile of such authorization. The actual purchase order will be sent through the mail. The next Planning Board meeting is scheduled for March 1, 1993 . Therefore, receipt your report would be appreciated no later than February 22nd. If there are any questions, please contact Planning Staff. Sincerely, Melissa Sp' ro Planner PECONVAND TRUST icy 30 Jagger Lane,P.O.Box 2088,Southampton,NY 11%9 (516)2833195—to Fax{5166))2883-0235 /0 —e- Y February 11, 1993 Ms. Melissa Spiro Southold Town Planning Board Town of Southold, Town Hall 53095 Main Road Southold, New York 11971 Re: Plock Shellfisher Preserve (SCTM#1000-79-05-20.2) Dear Melissa: Enclosed please find Appendix 16 to be inserted in the Plock Shellfish Preserve E.A.F. Part III. This information was calculated for us by Young & Young in response to Cramer, Voorhis & Associates concerns as outlined in Issue#4 and Issue#6 in the EAF Part III. Could you please add this as a supplement to our report? I have sent 2 copies for you at the Planning Board and one copy to Cramer, Voorhis and Associates. Also, I have forwarded the $500 bill to Mr. Lark for Cramer, Voorhis & Associates to review this report. I expect this will be paid promptly so that we can meet the deadline to get on the agenda for the March 1st Planning Board meeting. Thank you for your time and consideration. Very truly yours, Melanie A. Tebbens Planning Assistant Enclosure cc: Charles J. Voorhis, Cramer, Voorhis & Associates Mr. Lark, Esquire f6 1 6 a Soo.V'�L� 1y 9 PLAlaN' _ PECONLAND TRUST is E 30 Jammer Lane,P.O-13ox 2088,Sou�hamproq iy 11969 � (51 N283-3195 Par(516)283-0235 tils -w�Coirr�(. February 11, 1993 Ms. Melissa Spiro Southold Town Planning Board Town of Southold, Town Hall 53095 Main Road Southold, New York 11971 Re: Plock Shellfisher Preserve (SCTM#1000-79-05-20.2) Dear Melissa: Enclosed please find Appendix 16 to be inserted in the Plock Shellfish Preserve E.A.F. Part III. This information was calculated for us by Young & Young in response to Cramer, Voorhis & Associates concerns as outlined in Issue#4 and Issue#6 in the EAF Part III. Could you please add this as a supplement to our report? I have sent 2 copies for you at the Planning Board and one copy to Cramer, Voorhis and Associates. Also, I have forwarded the $500 bill to Mr. Lark for Cramer, Voorhis & Associates to review this report. I expect this will be paid promptly so that we can meet the deadline to get on the agenda for the March 1st Planning Board meeting. Thank you for your time and consideration. Very truly yours, Melanie A. Tebbens Planning Assistant Enclosure rad � cc: Charles J. Voorhis, Cramer, Voorhis & Associates Mr. Lark, Esquire Appendix 16 Ll souL4( -in PLA'dNlP1G[ • ! CFebruary 8 , 1993 ATTACHMENT TO ENVIRONMENTAL ASSESSMENT FORM PART III Discussion of Impacts A. Stormwater Control/Drainage Plan 1. The proposed road and drainage system (refer to Preliminary Subdivision Map, dated August 17, 1992 , prepared by Young & Young) will prevent surface water runoff from discharging directly into the adjacent wetlands. In accordance with New York State Department of Environmental Conservation WetlandsTidal 61, the proposed drainage nsystem Rwill acollect,tions 6 Nstore, andYCR Part6ultimately recharge the surface water runoff generated on the project site by a five-year storm, ie. 2 inch rainfall. As designed, the proposed road and drainage system will minimize disturbance to the adjoining areas. By proposing a roadway pavement material, ie. crushed stone or recycled concrete that is relatively permeable, the expected volume of storm water runoff and the required number of storage structures is significantly reduced. As designed, the drainage system will reduce the potential proposed road and for degradation of and recharging the first flush adjacent wetlands by retaining storm water which generally carries the majority of any road runoff contaminants. Additional filtering of storm water prior to ground water recharge is accomplished by setting all leaching Pool bottoms a minimum of 2 feet above the water table. The overall drainage plan includes two (2) separate and distinct drainage systems. The first system consists of two basins (nos. 1-2) , seven (7) foot (2) catch 10 diameter by 4 foot deep leaching pools, approximately 80 linear feet of 18 inch diameter connecting pipe, and one (1) bubble basin. This system is designed to handle the storm water runoff generated from the southerly 400 feet of roadway and tributary areas. The second system consists of two (2) catch basins (nos. 3-4) , eight 8 10 foot diameter by 3 foot deep leaching pools, approximately 60 linear feet of 18 inch diameter connecting pipe, and one (1) bubble basin. This system is designed to handle the stormwater runoff generated from the northerly 500 feet of roadway and tributary areas. An integral component of each drainage system is the bubble basin. The bubble basin provides a safe overflow for the drainage 'system during storm events which generate surface water runoff that exceeds the design capacity The proposed grate elevations of the system. for each of the two (2) bubble basins are set 0 . 2 feet to 0 . 3 feet lower than the respective catch basin grate elevations to maximize storage capacity, minimize overflow to the adjacent wetlands, and prevent roadway flooding. C2 . The proposed roadway will provide proper access to emergency vehicles for the following reasons: * The proposed roadway consists of a 16 foot wide crushed stone or recycled concrete pavement on a base course of stabilized soil. * The only curbing proposed is a 20 foot section at each of the four (4) catch basins. In these areas, the pavement width increases to 20 feet from face of curb to face of curb. * There is a 15 foot grassed shoulder on both sides of the pavement along those sections of roadway without curbing. * The minimum inside turning radius for the proposed roadway is approximately 105 feet. These features of the proposed roadway are deemed more than adequate to facilitate access for all 2-wheel drive and 4-wheel drive emergency vehicles. 3 . Additional detail regarding sanitary system location and design is addressed in Section C. below. 4 . The proposed building envelopes are based predominately on wetland setback requirements as regulated by the New York State Department of Environmental Conservation and on zoning setback requirements for front, rear and side yards as regulated by the Town of Southold. The proposed building envelopes are more than adequate for a single family dwelling, providing the individual building lot site designer with some flexibility in locating the proposed structures to avoid any unnecessary removal of desirable vegetation. B. Protection of Vegetation Refer to Section A. 4 above. C. Sanitary System Design & Conformity to Suffolk County Department of Health Services Regulations 1. The subdivision of land is regulated by Article 6 of the Suffolk County Sanitary Code. The Suffolk County Department of Health Services will approve a subdivision map only if the proposed arrangement of sewage disposal and water supply facilities, as shown in a typical lot detail, meet the requirements of Article 6 . The suitability of soils for the proper functioning of a subsurface sewage disposal system is determined by excavating a test hole on the property at a location selected by the Health Department. The test hole is also used to verify the depth to groundwater. Page 2 - CFollowing approval of the subdivision map, the Health Department proposed dwellinuires a g, ie. map for building permit, showing the locations and dettailstof coer nstruction. Thislmapsforsbuilding permit is approved for construction if the proposed arrangement of water supply and sewage disposal system complies with the requirements of Article 6 and the Standards for Approval of Plans and Construction for Subsurface Sewage Disposal Systems for Single-Family Residences, latest revision. The minimum sewage disposal system required for a single-family residence consists of a 900 gallon septic tank and a leaching Pool or leaching pools containing 300 square feet of sidewall leaching area. Depending on the depth to groundwater from the existing or proposed surface elevation, a one, two, or three leaching pool system may be used. If the distance from existing grade to groundwater is less than 5 grading plan showing the feet, then a sewage disposal system location and proposed grading is required. The three (3) test holes shown on the Preliminary Subdivision Map, dated August 17, 1992, indicate depths to groundwater of 9. 7 feet, 7. 6 feet, and 3 . 7 feet, respectively. Based on the existing grades and depth to systems groundwater, the proposed sewage for the four (4) lots are likely to be as follows: Lot No. Septic Tank Leaching System 1 900 Gal. Tank 2 900 Gal. Tank (3) Pools - 8 ' Dia. X 4 ' Deep 3 900 Gal . Tank (3) Pools - 8 ' Dia. X 4 ' Deep 4 900 Gal. Tank (3) Pools - 8 ' Dia. X 4 ' Deep (3) Pools - 8 ' Dia. X 4 ' Deep A proposed grading plan would be included with the map for building permit prepared for each of the four (4) lots due to the rolling terrain and depth to groundwater. 2 . The results of the three (3) test holes excavated on the property depict the prevalent subsoil conditions as fine, medium, and coarse sand. These subsoil conditions are conductive to the Proper functioning of a subsurface sewage disposal system. 3 . Based on the foregoing discussion, the proposed configuration of lots, dwellings, water supply and sewage disposal systems conform to the latest Health Department Standards. Prepared by: cc \�`•`� �� ,i ?ai, Thomas c . Wolpert, P —_ Young & Young, Land Surveyors Page 3 - Appendix 16 February 8 , 1993 ATTACHMENT TO ENVIRONMENTAL ASSESSMENT FORM PART III Discussion of Impacts A. Stormwater Control/Drainage Plan 1. The proposed road and drainage system (refer to Preliminary Subdivision Map, dated August 17, 1992 , prepared by Young & Young) will prevent surface water runoff from discharging directly into the adjacent wetlands. In accordance with New York State Department of Environmental Conservation Tidal Wetlands Land Use Regulations 6 NYCRR Part 661, the proposed drainage system will collect, store, and ultimately recharge the surface water runoff generated on the project site by a five-year storm, ie. 2 inch rainfall. As designed, the proposed road and drainage system will minimize disturbance to the adjoining areas. By proposing a roadway pavement material, ie. crushed stone or recycled concrete that is relatively permeable, the expected volume of storm water runoff and the required number of storage structures is significantly reduced. As designed, the drainage system will proposed road and reduce the potential for degradation of adjacent wetlands by retaining and recharging the first flush storm water which generally carries the majority of any road runoff contaminants. Additional filtering of storm water to ground water recharge is accomplished g all leaching prior by settin Pool bottoms a minimum of 2 feet above the water table. The overall drainage plan includes two (2) separate and distinct drainage systems. The first system consists of two (2) catch basins (nos. 1-2) , seven (7) l0 foot diameter by 4 foot deep leaching pools, approximately 80 linear feet of 18 inch diameter connecting pipe, and one (1) bubble basin. This system is designed to handle the storm water runoff generated from the southerly 400 feet of roadway and tributary areas. The second system consists of two (2) catch basins (nos. 3-4) , eight (8) 60 10 foot diameter by 3 foot deep leaching pools, approximately linear inch bubblebasin. This Bsystem dism designed eter ntothandlep the astormwanne ter runoff generated from the northerly 500 feet of roadway and tributary areas. An integral component of each drainage system is the bubble basin. The bubble basin provides a safe overflow for the drainage system during storm events which generate surface water runoff that exceeds the design capacity of the system. The proposed grate elevations for each of the two (2) bubble basins are set 0. 2 feet to 0. 3 feet lower than the respective catch basin grate elevations to maximize storage capacity, minimize overflow to the adjacent wetlands, and prevent roadway flooding. 2 . The proposed roadway will provide proper access to emergency vehicles for the following reasons: * The proposed roadway consists of a 16 foot wide crushed stone or recycled concrete pavement on a base course of stabilized soil. * The only curbing proposed is a 20 foot section at each of the four (4) catch basins. In these areas, the pavement width increases to 20 feet from face of curb to face of curb. * There is a 15 foot grassed shoulder on both sides of the pavement along those sections of roadway without curbing. * The minimum inside turning radius for the proposed roadway is approximately 105 feet. These features of the proposed roadway are deemed more than adequate to facilitate access for all 2-wheel drive and 4-wheel drive emergency vehicles. 3 . Additional detail regarding sanitary system location and design is addressed in Section C. below. 4 . The proposed building envelopes are based predominately on wetland setback requirements as regulated by the New York State Department of Environmental Conservation and on zoning setback requirements for front, rear and side yards as regulated by the Town of Southold. The proposed building envelopes are more than adequate for a single family dwelling, providing the individual building lot site designer with some flexibility in locating the proposed structures to avoid any unnecessary removal of desirable vegetation. B. Protection of Vegetation Refer to Section A. 4 above. C. Sanitary System Desian & Conformity to Suffolk County Department of Health Services Regulations 1. The subdivision of land is regulated by Article 6 of the Suffolk County Sanitary Code. The Suffolk County Department of Health Services will approve a subdivision map only if the proposed arrangement of sewage disposal and water supply facilities, as shown in a typical lot detail, meet the requirements of Article 6. The suitability of soils for the proper functioning of a subsurface sewage disposal system is determined by excavating a test hole on the property at a location selected by the Health Department. The test hole is also used to verify the depth to groundwater. - Page 2 - Following approval of the subdivision map, the Health Department requires a survey, ie. map for building permit, showing the Proposed dwelling, water supply and sewage disposal locations and details of construction p for building system . This ma permit is approved for construction if the proposed arrangement of water supply and sewage disposal system complies with the requirements of Article 6 and the Standards for Approval of Plans and Construction for Subsurface Sewage Disposal Systems for Single-Family Residences, latest revision. The minimum sewage disposal system required for a single-family residence consists of a 900 gallon septic tank and a leaching Pool or leaching pools containing 300 square feet of sidewall leaching area. Depending on the depth to groundwater from the existing or proposed surface elevation, a one, two, or three leaching pool system may be used. If the distance from existing grade to groundwater is less than 5 feet, then a grading plan showing the sewage disposal system location and proposed grading is required. The three (3) test holes shown on the Preliminary Subdivision Map, dated August 17, 1992 , indicate depths to groundwater of 9 . 7 feet, 7 . 6 feet, and 3 . 7 feet, respectively. Based on the existing grades and depth to groundwater, the proposed sewage systems for the four (4) lots are likely to be as follows: Lot No. Septic Tank Leaching System 1 900 Gal. Tank 2 900 Gal . Tank (3) Pools - 8 ' Dia. X 4 ' Deep (3) Pools - 8 ' Dia. X 4 ' Deep 3 900 Gal . Tank 4 900 Gal . Tank (3) Pools - 8 ' Dia. X 4 ' Deep (3) Pools - 8 Dia. X 4 ' Deep A proposed grading plan would be included with the map for building permit prepared for each of the four (4) lots due to the rolling terrain and depth to groundwater. 2 . The results of the three (3) test holes excavated on the property depict the prevalent subsoil conditions as fine, medium, and coarse sand. These subsoil conditions are conductive to the proper functioning of a subsurface sewage disposal system. 3 . Based on the foregoing discussion, the proposed configuration of lots, dwellings, water supply and sewage disposal systems conform to the latest Health Department Standards. i. lPry k • t' Prep aced by: <4r7 . \, Thomas C. wolpert, _- - Young & Young, Land Surveyors Page 3 - PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman +^11; SCOTT L. HARRIS George Ritchie Latham, Jr. `�'t.�� ,.��� � Supervisor Richard G. Ward ..7a Mark S. McDonald ' Town Hall, 53095 Main Road Kenneth L. Edwards P.O. Box 1179 PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 February 10, 1993 Melanie Tebbens Peconic Land Trust 30 Jagger lane P.O. Box 2088 Southampton, NY 11969 RE: Plock Subdivision SCTM#1000-79-5-20.2 Dear Ms. Tebbens: The Planning Board has received a .cost estimate of $500. 00 from their Environmental Consultant for review of the Environmental Assessment Form, Part III . The above mentioned sum must be paid in full by your client before we can authorize our consultant to proceed with the review. The check should be made payable to the Town of Southold. When the consultant completes his review, the Planning Board will consider their findings in making a determination of whether the project will have a significant environmental impact. Very truly yours, Melissa Spifo Planner cc: Richard F. Lark • su�c-,c -fo PECONOLAND TRUST 30 Japyer Lane,P.O.Box 2088,Southampton,NY 11969 (516728}3195 Fax;(516)283-0235 February 8, 1993 Ms. Melissa Spiro Southold Town Planning Board Town of Southold, Town Hall 53095 Main Road Southold, New York 11971 Re: Plock Shellfisher Preserve (SCTM#1000-79-05-20.2) Dear Melissa: Enclosed please find some inserts for the Plock Shellfish Preserve E.A.F. Part III. After I met with Mr. Lark some changes needed to be made. It would be easier if I had numbered the pages, therefore, I apologize for this inconvenience. Would you mind replacing the existing sheets with these 2 pages of corrections? As per our conversation on Monday, I have sent 2 copies for both of the copies of the report you have at the Planning Board and am sending a copy to Cramer, Voorhis and Associates as well. Thank you very much. I expect we'll be talking to you shortly regarding the outcome of Cramer & Voorhis review of this report. Thank you for your time and consideration. Very truly yours, Melanie A. Tebbens Planning Assistant Enclosures cc: Charles J. Voorhis, Cramer, Voorhis & Associates PECO I-, LAND TRUST • 30 Ja ,er Lane,P.O.&tt 2088,Suuthamp¢m,ivY 11969 �sie�zs33iv>r�:�s�e)za3-0z3s February 8, 1993 Ms. Melissa Spiro Southold Town Planning Board Town of Southold, Town Hall 53095 Main Road Southold, New York 11971 Re: Plock Shellfisher Preserve (SCTM#1000-79-05-20.2) Dear Melissa: Enclosed please find some inserts for the Plock Shellfish Preserve E.A.F. Part III. After I met with Mr. Lark some changes needed to be made. It would be easier if I had numbered the pages, therefore, I apologize for this inconvenience. Would you mind replacing the existing sheets with these 2 pages of corrections? As per our conversation on Monday, I have sent 2 copies for both of the copies of the report you have at the Planning Board and am sending a copy to Cramer, Voorhis and Associates as well. Thank you very much. I expect we'll be talking to you shortly regarding the outcome of Cramer & Voorhis review of this report. Thank you for your time and consideration. Very truly yours, Melanie A. Tebbens Planning Assistant Enclosures cc: Charles J. Voorhis, Cramer, Voorhis & Associates p r'�L5 _._.- Ll _w - From the beginning, it has been our intention to preserve as many appropriate options for the use of the facility as possible. Hopefully, we can preserve all of the possible uses. At the same time, if we are to reserve any possible use at all, it is critical that we find and approve a viable plan for the Plock family to realize some of the equity in their property. Given the current residential zoning, we would not be able to have a comprehensive commercial operation on site. Therefore, because there are many other potential aquaculture uses such as research, education and/or an initial growth operation of shellfish/finfish, it is not mandatory to have certified waters in the tidal lagoon. Furthermore, if the sluiceway between the boat basin area and the Quonset canal/long lagoon area could be regulated or even closed, there remains the possibility of maintaining the most significant part of the facility with certified waters (Quonset canal and long lagoon area) and part of the facility with uncertified waters and access to open waters (boat basin/mixed use area). Issue#9 Navigational adequacy, bathymetry and circulation, and addition of pollutants must be considered depending upon the intent of this surface water connection. Response: The navigational adequacy of this tidal lagoon for the use of a maximum of 10 boat slips will be fine inside the lagoon at the current depth of 4' at the apparent low water line. The actual break through into the tidal lagoon will be dredged by James H. Rambo, Inc. a dock contractor who is very familiar with this property as he has done work there in the past. In January of 1972 Tom Samuels, of James H. Rambo, Inc., was hired by Mr. Plock to build the tracks in the tidal lagoon. In order to do so, the cement sluiceway had to be closed off and the basin was drained over the course of two weeks time. They discovered that the bottom of the lagoon is clay, therefore, they can assure us that there will be little or no movement of silt or sand from the tidal lagoon to the Reydon Shores basin. The observed circulation patterns have been diagrammed on the enclosed restoration plan. (see appendix 12) With respect to the addition of pollutants, as described above, there still remains the very real possibility of maintaining the most significant part of the facility with certified waters (Quonset canal and long lagoon area) and part of the facility with uncertified waters and access to open waters (boat basin/mixed use area) by regulating or permanently closing the sluiceway between the two areas. Issue#10 Access to the marina area by proposed users is unclear. Response: The vehicular access has been defined more clearly on the enclosed plan. (see appendix 12,page 2) Four (4) vehicles, for the 4 homeowners, may park in the designated parking area along the roadway leading to the tidal lagoon to access the boat slips. The details of grating and gravel will be supplied when it is determined that the tidal lagoon will, in fact, be broken through for boat slips. Issue#11 The future use of the mariculture facility should be conceptually indicated in order for the Planning Board to consider potential impacts to adjacent existing uses. Response: Again, the concensus of opinion is that the facility is one-of-a-kind and should be preserved for future shellfish dependent uses. The Peconic Land Trust is not in the aquaculture business; we are simply trying to preserve future options for the use of this important community resource. We believe that it is inappropriate, at this time, to consider any specific concept plan for the use of the facility. Issue#12 The lagoon opening would involve the loss of a small area of Spartina alterniflora, which should be offset through wetlands improvement or creation. Response: The opening of the tidal lagoon would involve the loss of only a small area o POTEN & PARTNERS, INC. W. LAURENCE KENNY July 27, 1992 7 Mr. Timothy Caufield Peconic Land Trust P.O. Box 2088 Southampton, N.Y. 11969 Dear Mr. Caufield, I I just returned from a vacation to the Far West- 7 and, on catching up on my reading, I noted a June 17th Suffolk Life article about your work on the Plock Property in Southold. Congratulations! This property's natural characteristics, not to mention its history, makes it ideal for use in the effort to revive our bays. I attach a letter I wrote some time ago in an effort to call attention to this unique resource. If I can be of any assistance in this effort, please don't hesitate to call on me. My compliments also to the Plock family -- they are preserving the memory of their forefathers in a mot meaningful fashion. s i incerel ,L. Kenny 00 Reydon Drive 7 Reydon Shores Southold, N. Y. 11971 1 885 THIRD AVENUE•NEW YORK,N.Y. 10022-4802 - TELEPHONE:(212) 230-2000 TL%:222464/420811•TWX:710-5 813 4 75•CABLE ADDRESS:POTENTANK i POTEN & PARTNERS, INC. W.LAURENCE KENNY July 27, 1992 p � c� n Mr. Timothy Caufield Peconic Land Trust P.O. Box 2088 JUL Southampton, N.Y. 11969 I J Dear Mr. Caufield, I just returned from a vacation to the Far West and, on catching up on my reading, I noted a June 17th Suffolk Life article about your work on the Plock Property in Southold. Congratulations! This property's natural characteristics, not to mention its history, makes it ideal for use in the effort to revive our bays. attach a letter I wrote some e ago effort to call attention tothisuniqueresouin an If I can be of any assistance in this effort, Please don't hesitate to call on me. My compliments also to the Plock family -- they are preserving the memory of their forefathers in a most meaningful fashion. 8incerel , L. Kenny 7 2000 Reydon Drive Reydon Shores Southold, N. Y. 11971 885 THIRD AVENUE- NEW YORK,N.V. 10022-4802 -TELEPHONE:12I21 230-2000 TL%:2 2 2 4 64/420811-TWX:710-5 813 4 7 5 .CABLE ADDRESS:POTENTANK From the beginning, it has been our intention to preserve as many appropriate options for the use of the facility as possible. Hopefully, we can preserve all of the possible uses. At the same time, if we are to reserve ay possible use at all, it is critical that we find and approve a viable plan for the Plock family to realize some of the equity in their property. Given the current residential zoning, we would not be able to have a comprehensive commercial operation on site. Therefore, because there are many other potential aquaculture uses such as research, education and/or an initial growth operation of shellfish/finfish, it is not mandatory to have certified waters in the tidal lagoon. Furthermore, if the sluiceway between the boat basin area and the Quonset canal/long lagoon area could be regulated or even closed, there remains the possibility of maintaining the most significant part of the facility with certified waters (Quonset canal and long lagoon area) and part of the facility with uncertified waters and access to open waters (boat basin/mixed use area). Issue #9 Navigational adequacy, bathymetry and circulation, and addition of pollutants must be considered depending upon the intent of this surface water connection. Response: The navigational adequacy of this tidal lagoon for the use of a maximum of 10 boat slips will be fine inside the lagoon at the current depth of 4' at the apparent low water line. The actual break through into the tidal lagoon will be dredged by James H. Rambo, Inc. a dock contractor who is very familiar with this property as he has done work there in the past. In January of 1972 Tom Samuels, of James H. Rambo, Inc., was hired by Mr. Plock to build the tracks in the tidal lagoon. In order to do so, the cement sluiceway had to be closed off and the basin was drained over the course of two weeks time. They discovered that the bottom of the lagoon is clay, therefore, they can assure us that there will be little or no movement of silt or sand from the tidal lagoon to the Reydon Shores basin. The observed circulation patterns have been diagrammed on the enclosed restoration '� plan. (see appendix 12) C With respect to the addition of pollutants, as described above, there still remains the very real possibility of maintaining the most significant part of the facility with certified waters (Quonset canal and long lagoon area) and part of the facility with uncertified waters and access to open waters (boat basin/mixed use area) by regulating or permanently closing the sluiceway between the two areas. Issue#10 Access to the marina area by proposed users is unclear. Response: The vehicular access has been defined more clearly on the enclosed plan. (see appendix 12,page 2) Four (4) vehicles, for the 4 homeowners, may park in the designated parking area along the roadway leading to the tidal lagoon to access the boat slips. The details of grating and gravel will be supplied when it is determined that the tidal lagoon will, in fact, be broken through for boat slips. Issue#11 The future use of the mariculture facility should be conceptually indicated in order for the Planning Board to consider potential impacts to adjacent existing uses. Response: Again, the concensus of opinion is that the facility is one-of-a-kind and should be preserved for future shellfish dependent uses. The Peconic Land Trust is not in the aquaculture business; we are simply trying to preserve future options for the use of this important community resource. We believe that it is inappropriate, at this time, to consider any specific concept plan for the use of the facility. Issue#12 The lagoon opening would involve the loss of a small area of Spartina alterniflora, which should be offset through wetlands improvement or creation. Response: The opening of the tidal lagoon would involve the loss of only a small area Post-it"brand fax tran_mi;;ai mamD 7675 A 01 ge. . / �4�O$UFf01 T Ftis� 7/ro cc T C; oo'2 Dept. e PLANNING BOARD MEMBERS Pncna 331- /4 s`S-` v' paxn Bennett Orlowski, Jr„ Chairman �1,� • BoyG _. Gcoree Ritchie Latham. Jr. O ---- Richard G. Ward ! Town Hall, 53095 Main Ro, Mark S. McDonald P.O. Box 1179 Kenneth L Edwards PLANNING BOARD OFFICE Southold. New York 11971 Telephone (516) 763.1938 TOWN OP SOUTHOLD Fax (516) 765.1823 February 5, 1993 1 9FrLG7- M,S Charles J. Voorhis Cramer, Voorhis & Associates, Inc. Environmental and Planning Consultants 54 N. Country Road Miller Place, New 'York 11764 RE: Review of EAF Part III Anna K. Plock SCTM# 1000-79-5-20. 2 Dear Mr. Voorhis: Under separate cover, the Environmental Assessment Form Part III for the above mentioned subdivision was sent to your office for review. Please develop an estimate of what it will cast to undertake the review. If the Planning Hoard wishes you to proceed with the review, it will send a facsimile of such authorization. The actual purchase order will be sent through the mail. The next Plannin� rd meeting is scheduled for March 1 , 1993 . Therefore, receipt your report would be appreciated no " " later than Februar 22 If there are any questions, please conWr '—��^ ^n f , Sincerely, 0 D i 1'1g;AFEB I 0 1993 Melissa SpSOUTHOLDTOWNPlannerPLANNING BOARD pnI P2/per �'2o3�C-YS �Er7's'�' �a�7sL-' ft�/li./© U a � ,SCc�FiGC` RICHARD F. LARK ATTORNEY AT LAW ., MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11936 TELEPHONE 616 734-6601 June 2, 1992 Southold Town Planning Board Town Hall 53095 Main Road Southold, New York 11971 ATT: Bennett Orlowski , Jr„ Chairman RE: Subdivision for "Plock Shellfisher Preserve" SCTM #1000-079. 00-05 - 00-020 .002 Dear Mr. Orlowski : I would ease finde to enclosed submit otwelve the el (12) copies of a Sketch Plan ard for with respect to a property owned by Anna oX. Plocka and othe Plock Family Joint Venture. I have already submitted the full application form, however, I have decided to revise the sketch plan as per the enclosed survey. Please disregard previously submitted surveys effort . Again, I have made every to protect the most sensitive portions of this property as well as to preserve future Options for the use of the aquaculture facility. Also, it would be helpful if I could receive formal notification from the Planning Board with respect to "lead agencyn status . The designation of lead agency must be made before I can proceed with the marine repair work on the Property. I hope the Planning Board will review this application at its earliest possible convenience. If you have any questions , please free to contact me at 734-6807. Thank you very much. ;c�hard ry truly yours, RFL/bd el �L k �#' . SOUTHOLD TDWN PLANNING BOARD V R �� OCIATES ✓ ENT G CONSULTANTS November 2, 1992 Ms. Melissa Spiro Southold Planning Board Town Nall, 53095 Main Road -- ---=- P.O. Box 1179 Southold, NY 11971 '2 Re: Anna K Plock souTHoto T Proposed Long EAF Part III etaNrn�ic Dear Melissa: I am in receipt of the proposed Scope of Services for the above referenced project, prepared by Inter-Science. The proposal generally a]dresses the issues of importance as per our letter of recommendation of October 14, 1992. Section B addresses the Site Reclamation 1'roject in terms of creation of wetlands to offset those impaired or lost as a result of the prc;ect. Though not specifically stated, the intent of this section should be to provide information in the project description, impact anal sis and mitigation sections pertaining to both creai ion of freshwater wetlands, filling of surface water behind a non-functional bulkhead ne ar the inlet, and offsetting the loss of intertidal marsh for the proposed lagoon opening. T ie Long EAF will be circulated to other agencies involved in permitting the action, and will , ssist in permit determinations. All other services specified are consistent v-ith our sggestions for additional information which the Plannin& Board should consider n connection with the environmental determination of significance. Very truly yours, Charles J. Voorhis,CEP,AICP 54-2 NORTH COUNTRY ROAD, M LLER PLACE, NY 11764 (616) 331.1455 PECONI�AND TRUST .5u�! r c 30 JagBer Lane,P.O.Box 2088,Southampton,NI'11%9 (316�83-3195 Faz:(51 2 3 235 November 12. 1992 Ms. Melissa Spiro Planning Board Town of Southold 53095 Main Road Southold, NY 11971 Re: Plock Shellfisher Preserve Dear Melissa: Enclosed please find a copy of the revised letter of support we received from Reydon Shores. Tim Caufield thought you should have a copy for your files. Thank you. Sincerely, Melanie A. Tebbens Consultant Enclosure NOV 1 6 , f i PLANNING Boed' October 12, 1992 Messrs. T. Caufield, Representative Peconic Land Trust & B. Orlowski, Chairman of Southold Planning Board Re: Harbor Facilities - Reydon Shores Gentlemen: Mr. T. Caufield has asked me to provide an update as to the attitude of the residents in Reydon Shores regarding the proposed use of the land lying Southeast of our harbor. By way of some back- ground, Mr. Caufield had met with several members of the association and provided them with insight as to the proposed land use. That informa- tion was provided at our General Meeting which was held on August 1 , 1992. Several details are as follows: 1 . Land would be set aside for educational purposes and would adjoin our facilities. 2. Up to four homes could be built. 3. Their facilities would also provide space for four boats with access through our existing channel from Southold Bay. 4. The bulkhead on the south side would be repaired and eliminate the dredging of the inlet every two years or so, thus saving the environment. To put it simply, the members of Reydon Shores were extremely pleased as the benefits would enhance the harbor and the channel to Southold Bay. I can only say, every so often something happens that makes me feel good all over, but when something happens that makes all our members feel the same way, I know its a special occasion. "Good Luck". Very truly yours, O (� HN R. CREGEEN President, Reydon Shores Property Owners Assn. Sr�Fi c� CRAMER, V R OCIATES P6 ENVIRONMENT G CONSULTANTS MS November 2, 1992 Ms. Melissa Spiro Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Anna K Plock Proposed Long EAF Part III Dear Melissa: I am in receipt of the proposed Scope of Services for the above referenced project,prepared by Inter-Science. The proposal generally addresses the issues of importance as per our letter of recommendation of October 14, 1992. Section B addresses the Site Reclamation Project in terms of creation of wetlands to offset those impaired or lost as a result of the project. Though not specifically stated, the intent of this section should be to provide information in the project description, impact analysis and mitigation sections pertaining to both creation of freshwater wetlands, filling of surface water behind a non-functional bulkhead near the inlet, and offsetting the loss of intertidal marsh for the proposed lagoon opening. The Long EAF will be circulated to other agencies involved in permitting the action, and will assist in permit determinations. All other services specified are consistent with our suggestions for additional information which the Plannin&Board should consider in connection with the environmental determination of significance. Very truly yours, Charles J. Voorhis,CEP,Aicr I�qV - q i9S2 SOIITHOL�J K:inN 54-2 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455 & TRUSTEES �N�- �pG SUPERVISOR John M. Bredemeyer, III, President tip' t SCOTT L. HARRIS Albert J. Krupski, Jr., Vice President j a '� Henry P. w Smith a Town Hall John B. Tuthill �� "� �� 53095 Main Road William G. Albertson _ P.O. Box 1179 Telephone (516) 765-1892 r-^ L Southold, New Y0� 11971 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 8 iC�J2 1 3.E.Q.R.A. So THOLDTO'A.'N PLANNING MAID NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT APPLICATION NO. 1000-79-5-20 . 2 - Chapt. 97 - Wetlands NAME: Plock Joint Family Ventures Chapt. 37 - Coastal Erosion DATE: October 22, 1992 RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617. 10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as Lead Agency for the action described below, has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. A planting survey shall be submitted prior to final approval, if applicable. TYPE OF ACTION: Type I DESCRIPTION OF ACTION: to construct 211' of rock revetment and 357 ' bulkhead replacing existing bulkheading within 1811, 1700 c.y. of dredging and filling to construct boat basin/Mariculture area, remove approx. 195 ' of pier, deck over approx. 240 ' of pier, fill approx. 15,000 sq.ft. of vernal area & improve or create 15,000. sq. ft. of wetland habitat. Located at Bayview, Southold. LOCATION:SCTM #1000-79-5-20. 2 REASONS SUPPORTING THIS DETERMINATION: 1. An on site inspection has been conducted by the Board of Trustees. 2 . An environmental assessment, submitted by the applicant and reviewed and completed by the Board of Trustees, has indicated that no significant adverse effects to the environment are likely to occur should the project be implemented as planned. cc: Planning Board Tim Caufield, Peconic Land Trust Bruce Anderson Environmental Consultant L14! 2 JV� To: John Bredemeyer, President SOL ,1T�, 11OLD. Southold Board of Trustees From: Bruce Anderson/�� Date: July 18 , 1992 Re: Field Inspection Plock Property A field inspection was conducted on the above referenced parcel to determine the presence of rare species , specifically, the presence of tiger salamander larvae. In addition, a test hole was dug within the topographical depression described as the hollow area" in my earlier correspondence of April 17 , 1992. Mr. Tim Coeffield of the Peconic Land Trust assisted in the inspection. With regard to the rare species investigation , it is apparent that none of the freshwater wetlands serve as breeding habitats for the endangered tiger salamander as no standing water was present in any of these wetlands. It is also noted, that in .the earlier field inspection in which standing water was present, no egg masses were detected in any of the freshwater wetlands . With regard to the test hole that was dug in the hollow area, water was encountered at two feet below grade. Additionally, soils one and a half feet below grade was clay like and appeared to be highly organic in quality. This finding supports the earlier finding that this hollow area may have been a freshwater wetland at one time. Accordingly , a wetlands creation project in the hollow area may very well be successful. 475 Rambler Road, Southold, NY 11971 (516) 765-4071 Bruce Anderson Nn� *1 Environmental Consultant ti April 17 , 1992 John Bredemeyer , President Southold Board of Trustees Town Hall P . 0. Box 1179 Southold , NY 11971 Re: Anna K, Plock SCTM # 1000-79-5-20.2 Dear Mr. Bredemeyer, ' A field inspection of the above referenced site was conducted on April 17 , 1992. Mr. Tim Coeffield assisted in the field inspection of freshwater wetlands located on lots 1 , 2 and 4 as indicated on the Sketch Plan prepared by Howard Young, dated March 5 , 1992. Specifically, these wetlands were inspected for the presence of ambystomid salamanders and other aquatic fauna. Visual inspection of these ephemeral ponds revealed no egg masses nor adult amphibians. Only a limited seining effort was made as to minimize disturbance to these wetlands and any larval amphibians potentially present. It is recommended that these wetlands be re-examined in May as any larval forms present will be more effectively sampled and identified at that time. Additionally, the hollow located within the preserve area on the western portion of the site ("hollow area") was inspected to evaluate its potential for a wetlands creation project (See attached map) . My preliminary finding is that the hollow area may in fact be suitable for the creation of freshwater wetlands. As you are aware , the lagoon was dug some time ago and the resultant spoil was deposited in various adjacent locations. Phragmites dominates the mapped hollow area suggesting that the fill may have been previously placed in this area. In fact , the hollow area may have been, in earlier times, a freshwater wetland. You will note the hollow area consists of a larger drainage shed than wetlands found on lots 1 and 4 . Given that clay soil types are associated in freshwater wetland areas found on site and these wetlands may in fact be perched above the water table , a successful wetlands creation project may possible in the hollow area. Therefore, it is recommended that shovel probes be conducted in the hollow area to see whether underlying soil types are clay like. 475 Rambler Road, Southold, NY 11971 (516) 765-4071 In summary, an additional field inspection should be conducted on the Plock site in mid to late May to determine aquatic fauna utilizing wetlands on lots 1 , 2 and 4 , and shovel probes should be conducted in the hollow area to partially evaluate the likelihood of success of any wetlands creation project in this area. Sincerely, Bruce Anderson 475 Rambler Road, Southold, NY 11971 (516) 765-4071 AJ.E 23E0,3901 St �_ o 21K . C 22 ,E j j I ��.♦♦_ R Ai C zo 11 G36 5 N 3°09 28 W _ ._. z96 ?9.12' 7°30,!6-E E� I (� 11 tie li w _ z O. V\V A OD LAI Ap CJ �t \ \ ; o I+ i N�Zr�- f I� lot6� � ' u I t �%aA, r IN Bruce Anderson ; Environmental Consultant 1 V LITOWN r111 _OF SOUTHOLD January 25, 1992 John Bredemeyer, President Southold Board of Trustees P. 0 . Box 1179 Southold, NY 11971 Re: Plock Property Dear Mr. Bredemeyer, A field inspection of the above referenced project was conducted on this day and all freshwater wetlands were flagged on site. Mr. Cauffield and Mr. McDonald of the Southold Planning Board attended the field inspection. A total of four separate freshwater wetlands were flagged (see attached map) . Wetland #1 is an artifical pond which was apparently dug at the same time that Long Basin was dug. Located approximately 50 feet from the back end of Long Basin, this wetland is characterized as having permanent standing water. The associated wetland species include green brier and phragmites . The wetland is characterized as having low plant species diversity. Wetland #2 is also characterized as having low plant species diversity. Phragmites and green brier dominate coverage in this wetland. Other wetland species found include black tupelo and highbush blueberry. There is a small patch of grey birch located in the center of the wetland where there is a slight elevation in topography. Standing water was also observed in this wetland and was estimated to be 6 inches to 1 foot deep. Wetland #3 is a shrub swamp of considerable diversity. The center of the swamp is dominated by highbush blueberry. Other wetland species found include red maple, black tupelo, sweet pepperbush, and green brier. Dead decaying trees are also found. Standing water having a depth of approximately 1 foot was observed in the center of this wetland, but the pond is believed to be ephemeral. Wetland #4 contains standing water which may have greater permanence than the ponding in Wetland #3 . Depths were judged to be approximately 1 to 2 feet . A small patch of phragmites was found in the center of the pond. Other species found within this wetland include : highbush 475 Rambler Road, Southold, NY 11971 (516) 765-4071 blueberry, sweet pepperbush, red maple, black tupelo, green brier and cross vine. This wetland is part of a larger depression area which also supports grey birch and a variety of oaks as well as highbush blueberry and sweet pepperbush. I have advised Mr. Cauffield to have these wetland areas plotted on a map by licensed surveyors and to design the development portion of the site in accordance with the maximum setbacks practicable using building envelopes . Sincerely, Bruce Anderson 475 Rambler Road, Southold, NY 11971 (516) 765-4071 �• , ' ; � '� _yam-^�,_ (t W FT44tvS � SW4M0 4 1 I 225 ac. I wl w I L^ - O it Z o 2 I� 2.32 ac. Iq Q � II � i II GWES t.14 ac- � T I I � 0 TRUS ~ �' �p WALK", PRESERVE — TLD4�- � i ' C�2�-OJf � � JJETIIWOS i � ¢AuuTy , ZpRo°Aacs 11 �.> ; r+l Wr MAIN PONDFOAOve AND __ ----� 90�xdJE AL fhe lards of ANNA K. PLOCK r, ( T fir; TOWN OF SOUTHOLD , A V PECONOLAND TRUST 30 Jagger Lane,P.O.Box 2088,Southampton,NY 11969 (516)283-3195 Fax:(516)283-0235 MS ✓ P/S October 23, 1992 Ms. Melissa Spiro Planning Board Town of Southold Main Road Southold, NY 11971 Dear Melissa: I have enclosed a copy of the proposal for services for the Environmental Assessment Form, Part III from Inter-Science. This will be completed as per the Planning Board's request for the Anna K. Plock subdivision. Is there anything that should be added to this format? Could you please forward this to Cramer, Vorhees & Associates for their approval before Mr. Lark signs this proposal to commence work? Thank you very much for your time and please call at 283-3195 to let us know if any changes need to be made. Sincerely, /7 (Ji Melanie A. Tebbens Consultant Enclosure N i7 V' r(1 2 7 1992 .�( sOuTti�n ��� ;� Ftrr':' ' mil lvlzVl7tlZ b:Ub 51b-293-5974 - -- INTERSCIENCE PAGE 02 RESEARCH ASSOCIATES, INC. ENVIRONMENTAL PLANNING a DEVELOPMENT CONSULTANTS RICHARD ERIK WARREN,AICP PrpiGt _ October 23, 1992 VIA FAX/MAIL Richard F. Lark, Esq. OCT 2 7 1�92 P.O. Box 973 Cutchogue, New York 11935 �p�pNNIN Mr. Timothy Canfield, Assistant Director Peconic Land Trust P.O. Box 2088 Southampton, New York 11968 RE: MMA PLO= PROPRATY - PROPOSAL FOR 6ERVICES FOR ENVIROMONTAL AaanssXgNT FORK, PART III. Dear Mr. Lark & Mr. Caufield: As a follow-up to my meeting with Mr. Caufield last week, I have prepared the following proposal for services for the preparation of an Environmental Assessment Form, Part III, for the proposed subdivision of property of Anna K. Plock, located in Cutchogue, New York. It is my understanding from our meeting and the mate- rial which you transmitted to me that the Southold Town Planning Board has agreed to the submittal of an EAF, Part III to address the issues raised in the October 9, 1992 memorandum by Cramer, Voorhis & Associates. Based upon a review of their memorandum, I would propose to prepare the EAF, Part III report in the following format: 1. Description of Proposed Action. 2. Disoussion of lapaota. A. stormwater Control/Drainage Plan. Drainage Computations from Engineer. Proposed Stormwater Control Plan. B• site Reclamation Project. Existing vegetation in Wetland Areas to be Filled. Description of Reclamation Areas & Planting Details. Value Of Existing Habitats to be disturbed vs. Proposed Reclamation Areas. POST OFFICE BOX 1201 • 36 NUGENT STREET •SOUTHAMPTON, NEW YORK 11969-1201 516- 203.5956 • FAX: 516.283-5974 . n •ryitreat trve PAGE 03 C. Protection of vagetationo. Building Envelopes Proposed. Clearing Restrictions. D. Sanitary System Design i Conformity to BCDRB Regulations Individual Lot Designs for Septic System. Soil Suitability (Test Pit - SCDHS Witnessed) . E. Adequacy of water supply. Existing Groundwater Quality (Test Well) . SCDHS Standards. F. surface Raters/Proposed Dockage Area. Intent/Purpose of Opening Lagoon. Navigational Aspects. Bathymetry (Bottom contours/topography) . Water Circulation Patterns. Potential Addition of Marine Pollutants. Pedestrian/Vehicular Access to Dockage Area. G. Future use of PIT Parcel. Caretakers Cottage. Shellfish Aquiculture Facility. Future Restrictions. Based upon the above outline, additional field investigations which need to be completed are outlined as follows: 1. Test Pit Excavation (witnessed by the SCDHS) 2 . Wetlands/Vegetation Inventory 3. Determination of Bottom Contours & Water Circulation Patterns. Details regarding site clearing limitations, landscaping of the proposed wetlands restoration/drainage retention area must also be completed. I understand that you already have information regarding the soil borings. If you retain us to proceed, I would want to review your files and make copies of any pertinent infor- mation that you have regarding this site, to aid in the produc- tion of this report. The issues which are identified above to be included within the EAF, Part III are based the October 9, 1992 letter/memorandum from Cramer, Voorhis & Associates. I would recommend that we review the Town's EAF, Part II to make sure that there are no additional issues that need to be addressed. In addition, I would also recommend that if you choose to proceed (whether with us or with someone else) that you send to the Town your interpre- tation of what the outline for the EAF, Part III should include. Therefore, you will not have any confusion at the time of its submittal . INTER5CM CE 10/23!1992 16:06 516-283-5974 INTERSCIENCE. PAGE 04 i as we scussed we ld need theoadjacenti surface, waters uto allow auseto take bottombcontourss to Smallhin information for the completion of this report. It is my understanding that YOU could arrange this for us. Based on a rief origi- nally thoughtbthat thisew of the work ouldnbercompleted in approximately 2 weeks. After detailing the outline for this ation report,, I nowgi believe that this work will take longer (4 weeks?) and is depend- ent fieldupon inspectionlitemsolistednabove�ickly complete the three (3) Based upon this outline, I would estimate that the completion of an Environmental Assessment Form, Part III for this project meetiof ng the format identified above would cost in the neighbor- hood installation,$3, to $5 hole in , 000 (not including any engineering, test surveying, and the like) . Please note, however, that our fees are charged on an hourly basis only, and that the overall cost may be more or less depending upon what we find as we begin to address the issues y the Town. I With The following represents the terms of our standard en a e will be l compensated ents. BY ifornthehservicessdescribes agreedgthatewe services you may require in the manner and any other provided herein. All services which are provided by Inter-aci0400 Research Associates' 'no' staff sha11 be rendered on an hourly basis only. I I charge my time to clients at a rate of $75 per hour, with my staff being billed in accordance with the following rates: Principal Planner: Planner: $65. 00/hour AUTOCAD Operator/Machine Time $55. 00/hour $60. 00/hour Travel time will be charged portal to portal plus an additional twenty cents ($, 20) per mile of travel. All out-of-pocket done uin-house or Will atbcostpifadone billed our standard rates if dered on a monthly basis or as time accrues Bills will be ren- count. Unless prior arrangements are made it the eour expressed agreement that each bill will be Project expressed days of the date of each bill. within inyi is not Paid within the thirt thirty (30) on the outstanding balance) day period, you agree rate of one and from the date of each bill, interest bill is one-half percent (1 1/2$) per month untilt the each Paid. If we have to send any bill out for collection, You agree to reimburse us for all costs, including which we incur. g attorney fees, jNT�NGE agreement.Would you please review the above outline of wo7and terainer responsible 1f YOU viduachoose totprohe ceed, Please haappropriate to us together with a retainer in theo sum hof $5nd is letter and Propriate retainer will be applied by us against our regular time d out-pf-Pocket disbursements. In the event that d notify us to cease work on this project prior to the tiur charges and disbursements equal the amount of thr, we will return to you any unused portion. If you h to ave any questions regarding this proposal, please do not Science Research contact ResearchAssociatI YOU considering Inter- project. Very truly yours, INTER-SCIENCE RESEARCH ASSOC. , INC. By: __ Richard E. Warren, AICP President The foregoing correctly sets forth our agreement and I/we agree to the terms of this retainer. BY: Billing Address (if diffe naabove) : Telephone: Ilv�'Er�:S�vC,� �<�,OFFt7[� PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward 1 ? � ��lY _ - t' Town Hall, 53095 Main Road Mark S. McDonald -" -"` P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 Richard F. Lark October 20, 1992 Attorney At Law Main Road P.O. Box 973 Cutchogue, NY 11935 RE: Major Subdivision for Anna K. Plock SCTM#1000-79-5-20. 2 Dear Mr. Lark: The following resolution was adopted by the Southold Town Planning Board on October 19, 1992: WHEREAS the Planning Board has reviewed the subdivision proposal for Anna K. Plock and the Long Environmental Assessment Form for the proposed project; and WHEREAS the Planning Board' s consultant has also reviewed the site and the Long Environmental Assessment Form; and WHEREAS the Planning Board has received comments from only one coordinating agency, the Southold Town Board of Trustees, in response to the Lead Agency coordination request; and WHEREAS both the Planning Board and the Board' s consultant have concluded that there are additional items that must be addressed; be it therefore RESOLVED that the Planning Board adopt the October 14, 1992 report from Cramer, Voorhis & Associates, and further, require that the information requested in the report be addressed by the applicant in the form of a Part III Long Environmental Assessment Form. Please contact this office if you have any questions regarding the above. Very truly yours, / E 3� 6��h , Bennett Orlowski, Jr %MS Chairman cc: John M. Bredemeyer, President, Town Trustees Timothy Caufield, Peconic Land Trust C'rRH%1� i/CRAMER, VO , SOCIATES ENVIRONMENTk G CONSULTANTS Mr. Bennett Orlowski, Jr. October 14, 1992 Chairman Southold Planning Board I g till, Town Hall, 53095 Main Road I 1�_ P.O. Box 1179 �t 1 y Southold, NY 11971 Re: Review of Long EAF Anna K Plock, Cutcho e PL SCTM No. 1000-79-5-20.2 _ Dear Mr. Orlowski: As per the authorization of the Planning Board,we have conducted a review of the above referenced project. Our evaluation included review of the Long EAF Part I, review of supplemental information prepared by the applicant and the Trustees, as well a field inspection and consultation with office references. The project is a Type I action, involving subdivision of a 21.79 acre parcel into five residential lots including a reserved area of 12.6 acres to be conveyed to the Peconic Land Trust. Four of the residential lots are 82,000 sq.ft., 98,000 sq.ft:, 76,000 sq.ft. and 73,000 sq.ft. in size respectively. The site lies adjacent Southold Bay on Great Hog Neck, north of North Bayview Road, and is zoned R-40 Residence. Background he site is unusual in that it is the culture seed row-out system for the Shelter Island Oyster Company.ePast users s r location of a l evident on the proposed Peconic Land Trust parcel, and includes several lagoons, a Quonset structure over a surface water grow out tank, as well as other deteriorated accessory structures. The northwest comer of the subject site is adjacent an inlet and boat basin used by an adjacent residential community for marina purposes. It is also noted that there are other structures on the Land Trust portion of the site including a Quonset but near the site entrance, and a 2-story frame house and garage on the west central side of the site. Environmental Conditions The unique character of the site results in a variety of natural and man-made environmental features. On the Peconic Land Trust dedication piece, the lagoons provides surface water and were observed to support a variety of aquatic avifauna. Fringing wetlands and surface water associated with these lagoons would appear to be classified as formerly connected tidal wetlands and we would expect they would be regulated by NYSDEC. Lagoons were enhanced by dred&ing with obvious berms and spoil disposal proximate to these features, now overgrown with Phragmites and other vegetation. The depth of water in these areas is currently unknown. Near the inlet, deteriorated bulkheading has expanded Littoral Zone wetlands in areas of non-functional bulkheading. NYSDEC involvement Pagel of 3 54-2 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455 Anna K.Plock Long EAF Review would be necessary in any planned reconstruction and filling of non-functional bulkhead areas. The dormant nature of the mariculture facility has resulted in overgrowth and use by area wildlife and should be considered in terms of future use. One area in a depression southwest of the long lagoon contains contains some freshwater wetland indicator species mixed with deciduous upland species. An area dominated by Phragmites was noted as well as red maple and highbush blueberry, mixed with oak and cedar species and upland groundcover, shrubs and saplings. This area has been suggested for possible wetlands creation by the Trustees. The portion of the property proposed for residential development is more natural in. character and is dominated by moist deciduous forest. This area exhibits undulating topography, forming more diversity of ecological communities due to the relatively shallow depth to groundwater and locally varying soils in depressions. Three (3) depressions are sufficiently near groundwater to support freshwater wetlands indicators including; red maple and tupelo, as well as transition and disturbance species such as highbush blueberry and Pragmites. These areas are expected to contain standing water during periods of high intensity/duration rainfall and during the spring. Evidence of use by large mammals including deer was apparent. Much of this area is less than 10 feet in elevation resulting in shallow depth to groundwater, and underlying water quality with potential for a shallow salt- water interface is not known. Discussion Q Potential Impacts In terms of the proposed project, the use is conceptually excellent due to reduced density and the dedication of 12.6 acres, presumably for open space management purposes. The yield of the site under "AA"zoning would be expected to be higher; however, the actual yield would require consideration of wetlands, surface water area, proper wetland and zoning setbacks, etc. This would certainly reduce the yield below what straight arithmetic computations might suggest. We do note that proposed residential land use is located in a sensitive portion of the site, and therefore warrants careful review. Sacrifice of one (1) or more of the vernal depressions should be balanced with wetlands creation, and any reclamation project should be carefully planned and monitored to ensure that the resulting habitat is of equal or greater area and value to that which is being sacrificed. Minimum building and clearing envelopes should be enforced, and drainage and access should be reviewed in detail to ensure that minimum disturbance occurs and stormwater overflow does not impair wetlands. Lots 2 and 3 front on the Bay, and therefore, proper setbacks and visual resource preservation issues should be linked with providing maximum retention of natural vegetation. It is noted that a 16 foot road is proposed with stormwater retention for a 2-inch storm. Stormwater overflow to depressions should attempt to determine additional above ground retention to ensure proper containment, and input should be gained from emergency service providers to ensure that minimal paved roads will allow proper access. Due to the depth to&roundwater, and subsurface ggeology, additional detail regarding sanitary system location and design is warranted. In addition, the source and quality of potable water from the proposed development should be determined. The portion of the project including the Peconic Land Trust area also raises several questions. The intent with regard to the opening of the northwest lagoon should be clarified. A lagoon opening for marina purposes or even limited homeowner purposes may cause certain impacts. Navigational adequacy, bathymetry and circulation, and addition of CRAMER, VOA HR 1\ i ��/ ENVIRONMENTA SOCIATES \,1G CONSULTANTS Page 2 of 3 Anna K Plock Long EAF Review pollutants must be considered depending upon the intent of this surface water connection. In addition, access to the marina area by proposed users is unclear. The future use of the mariculture facility should be conceptually indicated in order for the Planning Board to consider potential impacts to adjacent existing uses. The placement of rip-rap in the area of the deteriorated bulkhead appears beneficial and warranted due to observed erosion along the shoreline; however, the in kind replacement of bulkheading at the northwest corner of the site would involve fill of littoral zone behind the non-functional bulkhead, and may invoke concerns on the part of wetlands permittingg agencies. The lagoon opening would involve the loss of a small area of Spartina alternifiora,which should be offset through wetlands improvement or creation. The use of the 2-story frame house on the 12.6 acres should also be specified. Finally, if wetland recreation is proposed on the 12.6 acre parcel as a means of offsetting land use on other areas of the site, proposed restoration plans should be provided in greater detail to ensure a balancing of environmental factors. -Conclusion in a car manner. Review of theIn conclusion, the land use copncept has merit provided it is planned and implemented are several environmental concerns, and a significant need for additional infect to date finds that ormal on clarifying the intended use of the site. There is also a need for the applicant and the Town to initiate a concerted effort between the applicant and permitting agencies to determine in the early planning stages, the most appropriate utilization of the site. Further contact with the Trustees as well as the NYSDEC and SCDHS would be beneficial in this regard, and would certainly enhance future permitting of various components of the project. It is also recommended that the above noted items be addressed in a supplemental environmental report. Additional information could be provided in the form of a Part III Long EAF narrative addressing specific issues, or if public involvement is to be encouraged, it is recommended that a reduced scope Environmental Impact Statement be utilized. This process can work efficiently provided a suitable design and concept is achieved, and only those issues which may have a significant environmental impact are analyzed in the Draft EIS. I hope this letter provides you with useful information in your deliberations on this pro)ect. Attached,pleased find the reviewed Long EAF Part I, as well as the Long EAF Part II, for your further consideration. If you have any questions, please do not hesitate to call. Very try y`ouus, �G harles J. Voorhis, CEP,AICP CRAMER, V06 Hj\ ��SOCIATES ENVIRONMENTAL`` � `NG CONSULTANTS ((��\ Page 3 of 3 DEPARTMENT OF THE ARMY /LIS NEW YORK DISTRICT. CORPS OF ENGINEERS JACOB K_ JAVITS FEDERAL BUILDING I �1 NEW YORK. N.Y. 10278-0090 i REPLY TO w TTENT.ON Oi LJ October 13, 1992 Eastern Permits Section SUBJECT: Application No. 92-06640, by Plock Shellfisher Preserve Anna K. Plock c/o Young and Young 400 Ostrander Ave. Riverhead, New York 11901 Dear Ms . Plock: Since we have received the subject application to replace and construct bulkheads, dredge and place fill in an unnamed creek off Shelter Island Sound, at the Town of Southold, Suffolk County, New York, we were informed by Town of Southold of your proposed subdivision. Pursuant to Section 404 of the Clean Water Act, the placement of dredged or fill material for the primary purpose of creating dry land or of changing the bottom elevation of waters of the United States is an activity regulated by the Corps of Engineers. Most wetlands constitute a productive and valuable public resource, the unnecessary alteration or destruction of which should be discouraged as contrary to the public interest. Individual permits authorizing the loss or substantial adverse modification of wetlands are not issued unless it has been demonstrated that no practicable alternatives exist, that the proposed fill discharge will not have an unacceptable impact on the aquatic ecosystem and the project is found to be in the public interest . Currently, the State of New York Department of Environmental Conservation (NYSDEC) recognizes and maps state freshwater wetlands as those wetland areas that are 12 .4 acres or more and/or are ecologically unique. Please remember that a NYSDEC determination classifying an area as a non-state wetland does not free a property owner from his or her obligations under the Clean Water Act; the Corps regulates the discharge of dredged or fill material into all freshwater wetlands, regardless of size. In order for us to determine the need for an individual permit, a delineation of the extent of wetlands on the site must be performed in accordance with the Corps of Engineers 1987 Wetland Delineation Manual as stated in the attached public notice. You may wish to retain the services of an environmental consultant or other entity that specializes in performing these delineations. Once the wetland boundaries are established on the site, we should be supplied with two copies of a site and/or grading plan showing the limits of development and the extent of wetlands . This should enable us to determine the extent of our jurisdiction on the project site. Also, we believe at this time that it would be appropriate to consider the proposed subdivision and work proposed in the subject application as one application, since the overall project appears interrelated. Any questions pertaining to this matter can be addressed to Mr. Sophie Ettinger of my staff at (212) 264-3912 . Sincerely, 4 / A Ja es W. Haggerty Chef, Eastern Permits Section Enclosure CF: Bennett Orlowski, Jr. Chairman, Planning Board Office Melanie Tebbens Peconic Land Trust Richard F. Lark, Esq. Managing Agent i CRAMER, V H OCIATES ENVIRONMENT G CONSULTANTS Mr. Bennett Orlowski,Jr. October 14, 1992 Chairman Southold Planning Board Town Hall, 53095 Main Road Q P.O. Box 1179 Southold, NY 11971 OCT 6 G92 ' Re: Review of Long EAF couT;k„sp jr,CN Anna K Plock, Cutchogue In;;;ac pa:.pn SCTM No. 1000-79-5-20.2 Dear Mr. Orlowski: As per the authorization of the Planning Board,we have conducted a review of the above referenced project. Our evaluation included review of the Long EAF Part I, review of supplemental information prepared by the applicant and the Trustees, as well a field inspection and consultation with office references. The project is a Type I action, involving subdivision of a 21.79 acre parcel into five residential lots including a reserved area of 12.6 acres to be conveyed to the Peconic Land Trust. Four of the residential lots are 82,000 sq.ft, 98,000 sq.ft., 76,000 sq.ft. and 73,000 sq.ft. in size respectively. The site lies adjacent Southold Bay on Great Hog Neck, north of North Bayview Road, and is zoned R-40 Residence. Background The site is unusual in that it is the former location of a mariculture seed grow-out system for the Shelter Island Oyster Company. Past use is evident on the proposed Peconic Land Trust parcel, and includes several lagoons, a Quonset structure over a surface water grow out tank, as well as other deteriorated accessory structures. The northwest comer of the subject site is adjacent an inlet and boat basin used by an adjacent residential community for marina purposes. It is also noted that there are other structures on the Land Trust portion of the site including a Quonset but near the site entrance, and a 2-story frame house and garage on the west central side of the site. Environmental Conditions The unique character of the site results in a variety of natural and man-made environmental features. On the Peconic Land Trust dedication piece, the la&oohs provides surface water and were observed to support a variety of aquatic avifauna. Fringing wetlands and surface water associated with these lagoons would appear to be classified as formerly connected tidal wetlands and we would expect they would be regulated by NYSDEC. Lagoons were enhanced by dredging berms with obvious bes and spoil disposal proximate to these features, now overgrown with Phragmmtes and other vegetation. The depth of water in these areas is currently unknown. Near the inlet, deteriorated bulkheading has expanded Littoral Zone wetlands in areas of non-functional bulkheading. NYSDEC involvement Pagel of 3 54-2 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455 Anna K.Plock Long EAF Review would be necessary in any planned reconstruction and filling of non-functional bulkhead areas. The dormant nature of the mariculture facility has resulted in overgrowth and use by area wildlife and should be considered in terms of future use. One area in a depression southwest of the long lagoon contains contains some freshwater wetland indicator species mixed with deciduous upland species. An area dominated by Phragmites was noted as well as red maple and highbush blueberry, mixed with oak and cedar species and upland groundcover, shrubs and saplings. This area has been suggested for possible wetlands creation by the Trustees. The portion of the property proposed for residential development is more natural in character and is dominated by moist deciduous forest. This area exhibits undulating topography, forming more diversity of ecological communities due to the relatively shallow depth to groundwater and locally varying soils in depressions. Three (3) depressions are sufficiently near groundwater to support freshwater wetlands indicators including; red maple and tupelo, as well as transition and disturbance species such as highbush blueberry and Pragnutes. These areas are expected to contain standing water during periods of high intensity/duration rainfall and during the spring. Evidence of use by large mammals including deer was apparent. Much of this area is less than 10 feet in elevation resulting in shallow depth to groundwater, and underlying water quality with potential for a shallow salt- water interface is not known. Discuc ion 4f Potential impacts In terms of the proposed project, the use is conceptually excellent due to reduced density and the dedication of 12.6 acres,presumably for open space management purposes. The yield of the site under "AA"zoning would be expected to be higher; however, the actual yield would require consideration of wetlands, surface water area, proper wetland and zoning setbacks, etc. This would certainly reduce the yield below what straight arithmetic computations might suggest. We do note that proposed residential land use is located in a sensitive portion of the site, and therefore warrants careful review. Sacrifice of one (1) or more of the vernal depressions should be balanced with wetlands creation, and any reclamation project should be carefully planned and monitored to ensure that the resulting habitat is of equal or greater area and value to that which is being sacrificed. Minimum building and clearing envelopes should be enforced, and drainage and access should be reviewed in detail to ensure that minimum disturbance occurs and stormwater overflow does not impair wetlands. Lots 2 and 3 front on the Bay, and therefore,proper setbacks and visual resource preservation issues should be linked with providing maximum retention of natural vegetation. It is noted that a 16 foot road is proposed with stormwater retention for a 2-inch storm. Stormwater overflow to depressions should attempt to determine additional above ground retention to ensure proper containment, and input should be gained from emergency service providers to ensure that minimal paved roads will allow proper access. Due to the depth to groundwater, and subsurface ggeology, additional detail regarding sanitary system location and design is warranted. In addition, the source and quality of potable water from the proposed development should be determined. The portion of the project including the Peconic Land Trust area also raises several questions. The intent with regard to the opening of the northwest lagoon should be clarified. A lagoon opening for marina purposes or even limited homeowner purposes may cause certain impacts. Navigational adequacy, bathymetry and circulation, and addition of CRAMER, V OCIATES ENVIRONMENT GCONSULTANTS Page 2of3 Anna E.Plock Fong EAF Review pollutants must be considered depending upon the intent of this surface water connection. In addition, access to the marina area by proposed users is unclear. The future use of the mariculture facility should be conceptually indicated in order for the Planning Board to consider potential impacts to adjacent existing uses. The placement of rip-rap in the area of the deteriorated bulkhead appears beneficial and warranted due to observed erosion along the shoreline; however, the in kind replacement of bulkheadin$ at the northwest comer of the site would involve fill of littoral zone behind the non-functional bulkhead, and may invoke concerns on the part of wetlands permitting agencies. The lagoon opening would involve the loss of a small area of Spartina altemiflora,which should be offset through wetlands improvement or creation. The use of the 2-story frame house on the 12.6 acres should also be specified. Finally, if wetland recreation is proposed on the 12.6 acre parcel as a means of offsetting land use on other areas of the site, proposed restoration plans should be provided in greater detail to ensure a balancing of environmental factors. Conclusion In conclusion, the land use concept has merit provided it is planned and implemented in a careful manner. Review of the project to date finds that there are several environmental concerns, and a significant need for additional information clarifying the intended use of the site. There is also a need for the applicant and the Town to initiate a concerted effort between the applicant and permitting agencies to determine in the early planning stages, the most appropriate utilization of the site. Further contact with the Trustees as well as the MYEC and SCDHS would be beneficial in this regard, and would certainly enhance future permitting of various components of the project. It is also recommended that the above noted items be addressed in a supplemental environmental report. Additional information could be provided in the form of a Part III Long EAF narrative addressing specific issues, or if public involvement is to be encouraged, it is recommended that a reduced scope Environmental Impact Statement be utilized. This process can work efficiently provided a suitable design and concept is achieved, and only those issues which may have a significant environmental impact are analyzed in the Draft EIS. I hope this letter provides you with useful information in your deliberations on this go ect. Attached, pleased find the reviewed Long EAF Part I, as well as the Long EAF Part for your further consideration. If you have any questions, please do not hesitate to call. VeryVJVZ s, harles . is,CEP,AICP CRAMER, V OCIATES ENVIRONMENT G CONSULTANTS Page 3of3 14-16-2 (2187)-7c 617.21 • S Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a pro or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequ ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who deterr. significance may have little or no formal knowledge of the environment or may be technically expert in environme, analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affec the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determinai . process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or act Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic proi . data, it assists a reviewer in the analysis that takes place in Parts 2 aD Part 2: Focuses on identifying the range of possible impacts that may occur r ffi a Cnn guidance as to whether an impact is likely to be considered small to r to or whether it is oporo i large impact. The form also identifies whether an impact can be mi d or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is to evaluate whether or not impact is actually important. PUNTOWN NING BOARD DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: y Part 1 )d Part 2 ❑Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting nformation, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.` C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. A Conditioned Negative Declaration is only valid for Unlisted Actions • A � � K , Plo � Name of Action �t�uJln o� �uA4 lant-. l n� 43act_r- Name of Lead Agency n InG-tt- TineadkAgency ' - (�Pr' Type Name fRe on Li"1ency le Res nsible O icer Signature of Respons le Si ureof Pre rer(If different from responsibleotficer) � lcl�i a Date 1 OLT 1-PROJECT INFORMATWir Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on, information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Plock Shellfisher Preserve - I r ( ( Vl©r S q bd I \J)516n LOCATION OF ACTION(Include Street Address,Municipality and County) (SCjr] #1000-079.00_05-00_020.002) North of North Elavyiew Road Town of SoutholdSuffolk NAME OF APPLICANTISPONSOR 7BUSINESS TELEPHONE Richard F. Lark S[ 734-6807 ADDRESS Main Road - P. O. Box 973 CITYIPO STATE ZIP CODE Cutcho ue N.Y. 11 935 NAME OF OWNER(It dillerent) Anna K. Plook, Caro-L Anne Plock, Deborah Anne BUSINESS TELEPHONE Plock William John Plock, Katherine Marian Plock, Richard F. ( I Same ADDRESS , erase F. , r, a ace e Same CITY/Po STATE ZIP CODE DESCRIPTION OF ACTION Minor Subdivision of 21. 7903 acre parcel into four building lots with sizes ranging from 1.5 acres to 2 . 1 acres. Project proposes an approximate 12. 6 acre reserve area to be conveyed to the Peconic Land Trust and improvements to an existing aquaculture facility to be owned l and managed' by the Trust. Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial ❑Residential (suburban) ❑Rural (non-farm), ❑Forest ❑Agriculture Id Other-Vacant StrnrtnrPg1v,n-nt land 2. Total acreage of project area: 21__7�0�_ acres.- APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 2 . 0 acres 1. 9 9 :t/-- - - acres Forested 15 .5 acres 12 .6 acres Agricultural (Includes orchards, cropland, pasture, etc.) 0 0 acres 0 . 0 acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) 0 . 7 acres 0 . 7 Water Surface Area acres 2 . 8 acres 2 . 3 acres Unvegetated (Rock, earth or fill) 0 . 7 acres 1. 2 Roads, buildings and other paved surfaces 0 1 acres ( acres !S� 0 . 9• acres Other (Indicate type) 0.0 acres i•36 2. 2 acre 3. What is predominant soil types) on project site? RdR '^ pt j3 t ra �,�t 40 as5a a. Soil drainage: ❑Well drained % of site a9Moderatel well Y drained 100 % of site ❑Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYSE Land Classification System? _ N/A acres. (See 1 NYCRR 370). F )3 _ r r � 1 LaND) 4. Are there bedrock outcroppings on project site? Dyes ®No NAM prA L a. What is depth to bedrock? 100 - 1000 r (in feet) Pr 6 -o/yrnoVyh (ggMY5AWD 3-ID S°J CIE. accoaoln9 �o R-4o Lonrny l 410, 2 Ad 13 -Qr✓Er2h0A0 5ANp y CoAM ge- 3 fa 9 /o 5 16,Aes 5. Approximate ercenta a of roWC s w aYv.r� P g P �oject site with slopes: L0-1040 —°o ❑10-155 ❑15% OW eater eater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Nation. Registers of Historic Places? ❑Yes MNo � '. Is project substantially contiguous to a site listed on th Register of National Natural Landmarks? ❑Yes [ N 8. What is the depth of the water table?.Z—IL in eet) Greater than 4 feet to seasonal High water is 9. Is site located over a primary, Principal, or sole source aquifer? )byes 10. Do hunting, ONO fishing or shell fishing opportunities presently exist in the project area? es 11. Does project site contain any species of plan{ or animal life that is identified as threatened of endangered❑Yes 13Neach Accor2y2 to /� i o //VyES77 T70ell i3 �e Identify each species Cif//g- 12. Are there any unique or unusual land forms on the project site? i.e., cliffs, dunes, other geological formations ,' Yes CNNo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes INNO If yes, explain 14. Does the present site include scenic views known to be important to the community? ❑Yes LAVO 15. Streams within or contiguous to Project area: NO a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to Project area:a. Name Uanamed_1L1tt LAI�OS o.s ojecC '�krl koe_ �S�Gtl2� Soc�iL� 17. Is the site served by existing Si/zee _(In acres) �J/IKf/OW C g Public utilities? &Yes ONO �42� s , a) If Yes, does sufficient capacity exist to allow connection? 11yes ONO 1 b) If Yes, will improvements be necessary to allow connection? X]Yes ONO 18. Is the site located in an agricultural district certified Pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Dyes C$No 19. Is the site located in or substantial[ contiguous to a Critical Environmental Area desig nated pursuant to Article 8 of the ECL, and 6 NYCRR 617? �Yes ONO 20. Has the site ever been used for the disposal Of solid or hazardous wastes? Dyes ANo B. Project Description 1. Physical dimensions and scale of Project (fill in dimensions as a a. Total contiguous acreage owned or controlled p PPropnate) b. Project acreage to be developed: T.�Y ?r ject sponsor _ 21 7904acres. A c. Project acreage to remai undevelope 7�acrres initially; n 14. 82 -- acres ultimately. d. Length of project, in miles: N/A —�— " acres. ©��N SP�`I GE—Of appropriate) e. If the project is an expansion, indicate percent of expansion proposed I. Number of off-street N/A parking spaces existing Q %; g. Maximum vehicular trips generated per hour N/ Proposed /;2`4--4 Y S h. If residential: Number and t (upon cornple[ion of project)?type of housing units: aPP/Z-trx InitiallyOne Family Two Family 4_ Multiple Family Condominium Ultimately _ --- -- __—_ i. Dimensions (in feet) of lar ��— —� 6 Proposed structure NSA � j. Linear feet of frontage along a height; width;h g public torou5hfare length. 35 heo, !7 Project will occupy is? NSA ft. / 5 3v !r/i r?g , • So 2. How much natural material 10 C(. earth, etc.) will be removed fro�e t None 3. Will disturbed areas be reclaimed (XJN/A? (Yes ONO e' tons/cubic yard- a. If yes, for what intendcc purpose is the site being reclaimed? ��CL�/ b. Will topsoil be stockpiled for reclamation? Wes IrJETG.�,t�- ONO C. Will u pper subsoil be stockpiled for reclamation? $)Yes ONO 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 / 5. Will any mature forest (over 100 years old) or other local) p g acres. Ayes INNo �j�7-�,,k�C>s _ y im ortant ve elation be removed by this project? 6. If single phase project: Anticipated period of construction N/A 7. If multi-phased: months, (including demolition). a. Total number of phases anticipated 3 ) SLlhf�Cr 1-0 (number). .* 14P'a'2'0vA6 S b. Anticipated date of commencement phase 1 April 1992 c. Approximate completion date of final phase April month �_ year, (including demolition). d. Is phase 1 functionally dependent on subsequent phases? month oDYes 1997 year. 8. Will blasting occur during construction? ❑Yes f�?J LNo O 9. Number of jobs generated: during construction 6_,1 is 10. Number of jobs eliminated b this �T`r"""' after project is complete 0 Y Project 0 11. Will project require relocation of any projects or facilities? ❑Yes QC1No If yes, explain 12. Is surface liquid waste disposal involved? Mkies K7N0 a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? 18(Yes bNO Type A /77�/fit/ EFL 14. Will surface area of an existing water body increase or decrease b /USN' Explain Increase by opening inlet to Reydon Shorres . al? Y3Yes ONO 15. Is project or any portion of project located in a 100 year flood plain? 16. Will the project generate solid waste? �IYes CNo �.7Yes ONO G a. If yes, what is the amount per month 1 ,946/mo IJWMONTH r 116P6 �/�WILk. b. If yes, will an existing solid waste facility' �use ? ��xahx 7 lbs per capita/day,2.3 persons/house C. If yes, give name-'CtrJf1O}.� Yes ONO g location CAtchoaue e. Will any wastes not go into a sewage disc I system or into a sanitary landfill? AgYes No e. If Yes, explain �'G g �L� 1 Zy 7 iE 7ck-,,i., �,� ,,yA r .4 Bch 26 C6JoosFscl 17. Will the project involve the disposal of solid waste? �7 a. If yes, what is the anticipated rate of disposal2e; 946LBS5/MQ No b. If yes, what is the anticipated site life? ons/month. //O-)—A aiflLl e-AIi 145 18. Will -fJKJJeWN— years. protect use herbicides or pesticides? DYes QNo 19. Will project routinely produce odors (more than one hour per day)? Oyes qNo 20. Will project produce operating noise exceeding the local_ambient noise levels? Ayes %DNo 21. Will project result in an increase in energy use? 7Yes N+ If yes , indicate types) im _ E IG _ , 22. If water supply urgkcj I y + 'Ftn5r L �IA7r5( 5 pp V is from wells, indicate pumping capacity 10 23. Total anticipated water usage per day , ��� gallons/minute. 24. Does �'+�-- gallons/day. (300GPD/LOT) project involve Local, State or Federal funding? Oyes l If Yes, explain CTNo 4 • 25. Approvals Required: •� _ 5ubmitt. P/e Date City, Town, Village Board IXJYes ONO _ "R'gn— l�fT CCity, Town, Village Planning Board INYes ONO Subdivision Approval City, Town Zoning Board Ayes IXINo City, County Health Department QDYes ONO Suffolk County Dept of Health Other Local Agencies INYes ONO Town Trustees Tidal b�etlautds Other Regional Agencies my es ,QNo Suffolk County Planning Dept . State Agencies (MYes ONO NYS DEC Permits Federal Agencies IXYes ❑No Army Corps of Engineers Permit C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? KIYes ONO If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit ❑new)revision of master plan lsubdivision Dsite plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? R-40 R95I eEkjr; p-c 3. What is the maximum pofpnti�l deve ment of the site if developed as �FI�SL R r� 1 QC ( lo- � Y'�/O00 L�+t 20 f ent P permitted by the present zoning? 2- /z sTW-lZS o 37 ' ht ' h ' IOT 4. What is the Proposed zoning of the site? n 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? Maximum development will be 4 lots In I 0. 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? nyeS 7. What are the predominant land use(s) and zoning classifications within a 1/4, mile radius of proposed action? D R-40 and R-Rn RCS IOf AT-( A� 12ES toz n T-10 I ►�,cu-tr�c �s�s 8. Is the proposed action compatible with adjoining/surrounding land uses within a 'I/ mile? G Yes ❑i 9. If the proposed action is the subdivision of land, how many lots are proposed? 4 a. What is the minimum lot size proposed? 1.5 acres , 1 � '7 G'G f'is $ 17 QZ 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? 11 . Will the proposed action create a demand for any communit ❑Yes ®? fire protection)? QYes ONO Y provided services (recreation, education, polio a. If yes, is existing capacity sufficient to handle projected demand? CZYes ONO 12. Will the proposed action result in the generation of traffic significantly above present levels? byes a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes D. Informational Details ONO [IN Attac ay to impacts aslsocriated additional ith your proposal, please se discuss such impactsy Your tile roject. If there are measureswhich youopr pose toa avoid them. Y advers mitigate ._ E. Verification I certify that the information provided above is true to the best of my knowledge. ApplicantlSponsor r--41mc rX�/ t'U L Gi/yrt Signature ' '.i C � , Date L' Title x l If the action is in the Coastal Area, and You are a state agency, com Iete they with this assessment. P Coastal Assessment form before proceeding 5 Part 2—P JECT IMPACTS AND THEIR J#GNITUDE Resporssibility of lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my.responses and +!terminations tree, reasonable? The reviewer is not expected to be an expert environmental analyst. • Identifying that an impact will be potentially large (column 2)does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simpl- asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold o magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State an- for most situations. But. for any specific project or site other examples andlor lower thresholds may be appropriat for a Potential large Impact response, thus requiring evaluation In Part 3. • The Impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative an have been offered as guidance.They do not constitute an exhaustive list of impacts and thresholds to answer each questio, • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact- b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of t7 impact If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but thresho is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to modera impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. TF must be explained in Part 3. 1 2 3 Small to Potentlal Can Impact B- Moderate Large Mitigated By IMPACT ON LAND .... R�p� Impact ' Project Chang 1 . Will the proposed action result in a physical change to the project site? ONO YES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ ❑ ❑Yes ON. foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than ❑ Dyes ON, 3 feet • Construction of paved parking area for 1,000 or more vehicles. 0 ❑ ❑Yes ❑N. • Construction on land where bedrock is exposed or generally within ❑ ❑ ❑Yes ON. 3 feet of existing ground surface. •.Construction that will continue for more than 1 year or involve more ❑ ❑ ❑Yes ❑N than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ❑ ❑ ❑Yes ❑N tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. ❑ ❑ ❑Yes ❑N • Construction in a designated floodway. ❑ ❑ Oyes ON • Other impacts ❑ ❑ Oyes ❑N 2. Will there bean effect V. _ay unique or unusual land forms found on the site?(i.e.. cliffs, dunes geological format? s_etc.)ONO YES • Specific land forms: ^h• �' '�' ❑ Oyes; Or 8 - 2 3 IMPACT ON WATER 1 to Potential Can Impact [*Ioderate Large Mitigated By 3 Will proposed action affect any water body designated as protected? Impact Impact Project Chan_ (Under Articles 15,24,25 of the Environmental Conservation Law, ECU _ -- ONO JSIYES Examples that would apply to column 2 • Developable area of site contains a protected water body. O O DYes ON. • Dredging more than 100 cubic yards of material from channel of a O ❑ F)Yes ON. protected stream. • Extension of utility distribution facilities through a protected water body. O O DYes ON. • Construction in a designated freshwater or idal wetland. ❑ ❑ ,Ales ON. • Other impacts: ❑ ❑Yes ON. 4. Will proposed action affect any non-protected existing or new body of water? ONO 'RYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water O O DYes ON- or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10acrres of surface area. ❑ ❑ ❑Yes ON � f� � • Other impacts: �>M�Q �� V � ❑ Z02 ❑Yes ON S. Will Proposed Action affect surface or groundwater quality or quantity? ONO JOYES Examples that would apply tq column 2 • Proposed Action will require a discharge permit. ❑ ❑ Dyes ON • Proposed Action requires use of a source of water that does not ❑ ' ❑ ❑Yes ON have approval to;serve proposed(project) action. • Proposed Action requires water supply from wells with greater than 4S O ❑ ❑Yes ON gallons per minute pumping Capacity. • Construction or operation causing any contamination of a water O ❑ DYes ON supply system. ,,! • Proposed Action will adversely affect groundwater. D 1�. DYes ❑N • Liquid effluent will be conveyed off the site to facilities which presently ❑ ❑ Dyes ❑N do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ❑ ❑ ❑Yes ❑N day. • Proposed Action will likel•• cau;r siltation or other discharge into an ❑ ❑ DYes ON existing body of water iv the-vacnt that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical ❑ ❑ DYes ❑P products greater than 1.100 gallons. • Proposed Action will allow residential uses in areas without water O O Oyes O� and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ❑ ❑ ❑Yes ❑� require new or expansion of existing waste treatment and/or storage facilities. • Other� impacts: ���dam'' �-� ❑ >7 ❑Yes Or- ` der Alyv��"��l'I� o Gl✓aJnGI I J 4. Will proposed action alter drainage flow or patterns, or surface water runoff? NNO YES Examples that would apply to column 2 0 Proposed Action would change flood water flows. 0 -12— DYes ❑t Small to Polentlal Can Impact Eta . M to Large Mltlpated By IS Impact Project Change Proposed Action may cause substantial erosion. ❑ ❑ ❑Yes ONO Proposed Action is incompatible with existing drainage patterns. O ❑ Oyes ONO Proposed Action will allow development in a designated floodway. ❑ ❑ Oyes ONO Other impacts: DPENu%ta Or LAAOon yyu%"A eA+-BSc O OYes ONO CA "fb � aV t c�Tio•io:•l od vat IMPACT ON AIR Will proposed action affect air quality? ARNO OYES Examples that would apply to column 2 Proposed Action will induce 1,000 or more vehicle trips in any given O ❑ OYes ONo hour. Proposed Action will result in the incineration of more than 1 ton of ❑ ❑ OYes ONO refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour or a ❑ ❑ OYes ONO heat source producing more than 10 million BTU's.per hour. Proposed action will allow an increase in the amount of land committed ❑ ❑ Oyes ❑No to industrial use. Proposed action will allow an increase in the density of industrial ❑ O OYes ONo development within existing industrial areas. • Other impacts: D O Oyes ONO IMPACT ON PLANTS AND ANIMALS 5. Will Proposed Action affect any threatened or endangered species? 1NO OYES Examples that riould apply to column 2 ' • Reduction of one or more species listed on the New York or Federal O ❑ OYes 'ONo list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ OYes ONO • Application of pesticide or herbicide more than twice a year, other O ❑ OYes ONO than for agricultural purposes. • Other impacts: ❑ ❑ OYes ONO 9. Will Proposed Action substantially affect non-threate or non-endangered species? ,VNO ^ES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or ❑ ❑ OYes ONO migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of mort than 10 acres ❑ ❑ OYes ONo of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? Examples that would apply to column 2 O%NO OYES • The proposed action would sever, cross or limit access to agricultural ❑ O Oyes ONo land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 • , 2 a Sma Potential Can Impact e� Moderate Large Mitigated By Impact Impact Project Chang# • Construction activity would excavate or compact the soil profile of ❑ ❑ ❑Yes ONo agricultural land. • The proposed action would irreversibly convert more than 10 acres ❑ ❑ ❑Yes ONo of agricultural land or, if located in an Agricultutal District, more than 2.S acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural ❑ ❑ ❑Yes ONo land management systems (e.g.. subsurface drain lines, outlet ditches, strip cropping} or create a need for such measures (e.a. cause a farm field to drain poorly due to increased runoff) • Other impacts: ❑ ❑ ❑Yes ONo IMPACT ON AESTHETIC RESOURCES 11 . Will proposed action affect aesthetic resources? JgjNO OYES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from O ❑ ❑Yes ONe or in sharp contrast to current surrounding land use patterns, whether manmade or natural. • Proposed land uses, or project components visible to users of ❑ ❑ Oyes ❑Nc aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant ❑ ❑ ❑Yes ❑Nc screening of scenic views known to be important to the area. • Othw impacts: ❑ ❑ ❑Yes ❑Nc IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? NO OYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ ❑Yes ON, contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ❑ ❑ ❑Yes ON project site. • Proposed Action will occur in an area designated as sensitive for ❑ ❑ ❑Yes ❑N archaeological sites on the NYS Site Inventory. • Other impacts: O D ❑Yes ON IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2NO OYES { )The permanent foreclosure of a future recreational opportunity. ❑ ❑ Oyes ON C A major reduction of an open space important to the community. ❑ O Oyes ON • Other impacts: 0 0 Oyes ON �1 2 3 IMPACT ON TRANSPORTATION Small to Potential Can Impact 14. Will there be an effect to existing transportation syst mst Moderate Large Mitigated B NO OYES Impact Impact Project CMn Examples that would apply to column 2 - - — • Alteration of present patterns of movement of people and/or goods. ❑ ❑ Oyes ❑C • Proposed Action will result in major traffic problems. ❑ ❑ Oyes 01 • Other impacts: ❑ ❑ ❑Yes O. IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? ANO OYES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of ❑ ❑ ❑Yes ❑t any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy ❑ ❑ ❑Yes Ot transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ❑ O ❑Yes Or NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? }�NO OYES`' Examples that would apply to column 2 ' ` • Blasting within 1,500 feet of a hospital, school or other sensitive ❑ ❑ ❑Yes O` facility. • Odors will occur routinely (more than one hour per dayJ _ ❑ O Oyes O; • Proposed Action will produce operating noise exceeding the local 13 . ❑ Oyes Ot ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a O O ❑Yes Ot noise screen. • Other impacts: O ❑ Oyes Ot IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safe ? NO OYES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous ❑ ❑ Dyes Of substances(i.e.oil,pesticides,chemicals, radiation, etc.)in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in any ❑ ❑ Oyes ❑t form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquified natural ❑ ❑ ❑Yes ❑t gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance ❑ ❑ (--]Yes ❑t within 2.000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: 0 0 Dyes Dt 2 3 IMPACT ON GROWTH AND CHARACTER Small to Potential Can Impact Be OF COMMUNITY OR NEIGHBORHOOD Moderate Large Mitigated By 18. Will proposed action affect the character of the exist? community?' Impact Impact Project Change �NO OYES - _ Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ ❑ OYes . ONO project is located is likely to grow by more than S%. • The municipal budget for capital expenditures or operating services ❑ O ❑Yes ONO will increase by more than S% per year as a result of this project. • Proposed actions will conflict with officially adopted plans or goals. ❑ ❑ OYes ONO • Proposed action will cause a change in the density of land use. O ❑ OYes ONO • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ OYes ONO or areas of historic importance to the community. • Development will create a demand for additional community services ❑ ❑ OYes ONO (e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. ❑ ❑ OYes ONO • Proposed Action will create or eliminate employment. ❑ ❑ OYes ONO • Other impacts: ❑ O OYes ONO 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ONO ,*ES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3—EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impacts) is considered to be potentially large, even if the impact(s) may mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1 . Briefly describe the impact 2. Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(- 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments) P8 ;1<iAIv1ER, V R i AO•TES • �� ENViRONMEN a CONSULTANTS October 14, 1992 Mr. Bennett Orlowski, h. Chairman -- Southold Planning Board Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Review of Long EAF JOUTHDLD TOWN Anna K. Plock, Cutchogguue PLANNING BOARD SCTM No. 1000-79-5-20.2 Dear Mr. Orlowski: per the authorization of the Planning lroard,we have conducted a review of the above n.t'erenced project. Our evaluation includ -d review of the Long Et\,F Part I, review of supplemental laformation prepared by the appli,ant and the Trustees, as well a field iii5pection and consultation with office reference;. Th.t. project is a'I'ype I action, involving s lbdivision of a 21.79 acre �arceI into five residential lays including a reserved area of 12.6 ieres to be conveyed to the Peconic Land Trust. Fou,� c:f the residential lots are 82,000 sq tt., 98,000 sq.ft., 76,000 sq.ft,-and 73,000 sq.ft. in size r spectively. The site lies adjacent :o::thold Bay on Great Hog ;Week, north of North 'Bayvie w Road, and is zoned R-40 5esidet ce. B.ask.gM%i d The sits:: is unusual in that it is Oe foruler location of a mariculture se,:I grow-out system for tine Shelter Island Oyster Company. !last use is evident on the pro p,=ed Peconic Land Trust pa eel, �..nd inclv-les sev;ral lagoons, a Quonset structure over a surfac,°water grow out tank, as Lv:2 as other de;.,r;rated acce,� o y structures. The ncirthwest core.,tr of the subject sitr �s ac: i;cent an Inlet ar:.: bout basi T used by an adjacent rea,dc.tial Orrin, for marina pun loses. It ii ;'so noted tt.:t there ; re other structures on tl : Land Trust portion of t, a site ir.:,:ludiny a Quonset bt t nt:,;Lr ,he site entrance, and a 2-stojy frame house and garage na the wr.st centre;? side of tire: site. Enviranmenill can i s Tl>e uni;�ue character of tt•; piw r su;ts ir. a variety of;kwural and man-rr,ade environmental f natures. On Ilse P.,canic :�n.d 7 rust dedication piece, the: lapons provides surface water aml were observed to sup�ort ; variety of?quatic avifauna. ;Ang:rg wetland;, and surface wale as with these .ago a,:s vculd appear to be clas;.i[;e as:yj formerly connected tidal we lands and �,c would expect t).ey wovfd be regulated Ly NYSD:EC. Lagoons were 0haviced by dreu4ing with ob?.io: s berms ,cud spoil dispol;,l ,Iroximate to these features, now ow nrown vith Phraggmites u.d other vegetation. T'�e �%pih of water in these areas i:: ,curreatly un .know , Near the s:nle , &teriorated bulkheadmg has expanded Littoral Zonr: wetlands in areas of non-funct,on .1 bul'.•t,eading. NYSDEC involvement Page 1 of 3 i. #^ 54.2 NI 'trH COUNTRI' 4"/,D, MILLEF 01_+<CE, NY 11764 (516) 331.411E:i to Anna K. Plock Long LEAF Review pollutants must be considered depending upon thf intent of this surface water connection. In addition, access to the marina area by .roposec users is unclear. The future use of the mariculture fadlity should be conceptually indicat W in order for the Planning Board to consider potential impacts to adjacent existing use s. The placement of rip-rap in the area of the deteriorated bulkhead appears beneficial and warranted due to observed erosion along the shoreline; however, the to kind replacement o'bulkheading at the northwest corner of the site would involve fill of littoral zone behind a.e non-functional bulkhead, and may invoke concerns on the part of wetlands per"ttin ; agencies. The lagoon o erring would involve the loss of a small area of. Spartina alterni fora,which should be offset through wetlands improvement or creation. The use of th : 2-story frame hoese on the 12.6 acres should also be specified. Finally, if wetland recre;.tion is proposed ou the 12.6 acre parcel as a means of offsetting land use on other areas of tl site,proposed restoration plans should be provided in greater detail to ensure a balancin,:of environmental factors. Conclusion In conclusion, the land use concept has me-it provided it is planned and implemented in a careful manner. Review of the project to dat finds that there are several environmental concerns, and a significant need fe- additional information clarifying the intended use of the site. There is also a need for he applicant and the Town to initiate a concerted effort between the applicant and permi ing agencies to determine in the early planning stages, the most apppproppriate utilization c f the site, Further contact with the Trustees as well as the NYSE EC and SCDHS wo ild be beneficial in this regard, and would certainly enhance future permitting of various coi iponents of the project. It is also recommended that the above not :d items be addressed in a supplemental environmental report. Additional information co ild be provided in the form of a Part III Long EAF narrative addressing specific issues, or ifpublic involvement is to be encouraged, it is recomineuded that a reduced scope Environr rental Impact Statement be utilized. This process can work efficiently provided a suitable d :sign and concept is achieved, and only those issues which may have a significant environ rental impact are analyzed in the Draft EIS. I hope this letter provides you with useful nformation in your deliberations on this project. Attached, pleased find the reviewed Lor;EAF Part I, as well as the Long EAF Part 11, for your fuitber consideration. 1f you have an; questions, please do not hesitate to call. Very tru vo s, harles J. Voorhis,CEP,A1CP CRAMER, V C R SOCIATES Page 3of3 ENVIRONMENT W G CONSULTANTS tit S ` TRUSTEES John M.Bredemeyer,III,President c .' 2i SUPERVISOR Henry . Smith,Vice President "'my rze SCOTT L.RABBIS Albert J.Krupski,Jr. John L.Bednoski,Jr. Town Hall John B.Tuthill 53095 Main Road P.O.Box 1179 Telephone(516)765-1892 BOARD OF TOWN TRUSTEES Southold,New York 11971 Fax(516)765-1823 TOWN OF SOUTHOLD NOTICE OF COMPLETE APPLICATION DATE: October 1, 1992 DESCRIPTION: Pursuant to Article 8 of the Environmental Conservation Law, Part 617 Title 6 of NYCRR and Chapter 44 of the Southold Town Code (Environmental Quality Review) the Southold Town Trustees have reviewed the (Chapter 97, Wetlands/0tXQDX LXN�X >$ sX> atc�xatYst&c )X permit application of: Richard F. Lark, Esq. , Managing Agent on behalf of Plock Family Joint Venture forconstruction of 235' rock reventment & 285' bulkhead replacing existing bulkheading, 2700 c.v. of dredging & filling to construct boat basin/mariculture area. remove approx. 185' of pier, deck o-, at SCTM #1000- 79- 5 - 20.2 being situated at: North Bayview Road, Southold Tributary/Southold Bay Street, Town Body of Water/Wetland Area approx. 254' of pier, fill approx. 15,000. sq.ft. of vernal area & improve or create 15,000Atsaojf .. of 7etlyd hab(a gular/SfAI§Xaa) meeting iJyC1XSi# >? 1tI£E3ItYXXB�d it has been determined that said application is complete. The Board (4=will not) seek lead agency status for this proposal as we commence our Environmental Review in this matter which we have typed as a Type I action. (Located/ IUMN Y4bbX95 in a Critical Environmental Area. ) copies to: ✓flown Clerks Bulletin Board on 10/1 / 92 conservation Advisory Council planning Board gaAizzlg= d Bll��.d�A6�-D6�r-t3i1�At D4atxitucl� 1-Applicant/Agent W WT - 1 1992 S0UTI.10 TG''N PLA"iWIC,RD':HD TRUSTEES �� CC SUPERVISOR John M. Bredemeyer, III, President �.'t' sw. Gym SCOTT L. HARRIS Albert J. Krupski, Jr., Vice President o f Henryo {' a �E OCT 1992 Y P. Smith Town Hall John B. Tuthill 0��,�► �� }�� _, 095 Main Road William G. Albertson �Cl dad PLANT,1 G F�� P.O-,Box 1179 Telephone (516) 765-1892 oS"uth=; New York 11971 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD LEAD AGENCY COORDINATION REQUEST TO: DEC DATE: October 1, 1992 Enclosed is a permit application and a completed part I of the Environmental Assessment Form. Southold Town Trustees are interested in your ageny' s comments in acting as SEQRA Lead Agency for: NAME: Richard Lark, Esq. on behalf of Plock Family Joint Venture LOCATION: Off North Bayview Road, Southold, NY TAX MAP: 1000-79-5-20.2 PERMIT # Pending DESCRPTN: See Attached Notice of Complete App. PERMIT REQUIRED: (X) TOWN WETLAND ( X ) OTHER Trustee Permit SEQRA CLASSIFICATION: (X) Type I ( ) Type II ( ) UNLISTED (X) CEA Please contact John M. Bredemeyer, III, President, within 30 days and be advised that the Southold Town Trustees NAM /(DO NOT WANT) to assume lead agency. SENT TO: DOS ( )d DEC ( X) DOH (X) PB ( ) ZBA ( ) BLD ( ) Please complete, detach and return this form to expedite processing. Involved Agency: Project Name: Location: SCTM: We at AGENCY (Have/No) objection to Southold Town TgXWXR%X assuming Lead Agency. Comments/Reasons: Signature of Authorized Representative TRUSTEES ��0 CO SUPERVISOR John M. Bredemeyer, III, President may' Gyp SCOTT L. HARRIS Albert J. Krupski, Jr., Vice President o Henry P. Smith `n u- T Town Hall 530 John B. Tuthill 95 Main Road William G. Albertson y'�O( ��0! P.O. Box 1179 Telephone (516) 765-1892 Southold, New York 11971 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 30, 1992 TO: File RE: Plock SCTM ##1000-79-5-20. 2 The following action was taken by the Southold Town Board of Trustees on August 26, 1992: RESOLVED that the Southold Town Board of Trustees adopts the report of Consultant, Bruce Anderson dated July 18, 1992. cc: Planning Board Bruce Anderson CAC Dr-- n .i Off " i I t ;p;;r _S 'd a Bruce Anderson Environmental Consultant JU-L--1 2 t992 r To: John Bredemeyer, President TOWN OF SOUTHOLD Southold Board of Trustees "" - From: Bruce Anderson :?� /J Date: July 18 , 1992 Re: Field Inspection Plock Property A field inspection was conducted on the above referenced parcel to determine the presence of rare species, specifically, the presence of tiger salamander larvae. In addition, a test hole was dug within the topographical depression described as the hollow area" in my earlier correspondence of April 17 , 1992. Mr. Tim Coeffield of the Peconic Land Trust assisted in the inspection. With regard. to the rare species investigation, it is apparent that none of the freshwater wetlands serve as breeding habitats for the endangered tiger salamander as no standing water was present in any of these wetlands. It is also noted , that in the earlier field inspection in which standing water was present, no egg masses were detected in any of the freshwater wetlands . With regard to the test hole that was dug in the hollow area, water was encountered at two feet below grade. Additionally, soils one and a half feet below grade was clay like and appeared to be highly organic in quality. This finding supports the earlier finding that this hollow area may have been a freshwater wetland at one time. Accordingly , a wetlands creation project in the hollow area may very well be successful. 475 Rambler Road, Southold, NY 11971 (516) 765-4071 • COUNTY OF SUFFOLKS d a ROaERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING September 24, 1992 Mr. Bennett Orlowski, Jr. , Chairman Town of Southold Planning Board Main Road Southold, NY 11971 Preliminary X Final Plat Name: Preliminary Subdivision Map Prepared for Anna K. Plock Tax Map #: 1000-79-5-20.2 SCPD File No. : 1333-INC-92-21 Dear Mr. Orlowski: Please be advised that pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code, the above referral will not be reviewed by the Suffolk County Planning Commission because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin #9 of the Suffolk County Planning Commission. The staff has checked the above referenced referral and find that it is incomplete and that the following items are required: 1 copy of SEQRA status '"- a .R T 1 11 f_4l Very truly your 9 -U C EP 2 8 1992 Arthur H. Kunz Director of Pla inTUNN PLANNING SOP.RD i S/s Frank Dowling, Sr. Planner FD:mb Subdivision Review Division NOTE: Please consult Suffolk County Department of Planning Informational Bulletin No. 9 for complete referral requirements. H.LEE DENNISON BUILDING 0 VETERANS MEMORIAL HIGHWAY ■ HAUPPAUGE, NEW YORK 11788 ■ (516) 853-5192 YOUNG & YOUNG PLANNING. ENGINEERING & LAND SURVEYING 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK 1 1901 Telephone 516-727-280:3 Facsimile 516-727-0144 AIC September 23 , 1992 Melissa Spiro, Planner Town of Southold Planning Board Office 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: ANNA R. PLOCR (91-0908) PRELIMINARY SUBDIVISION MAP at Bayview, T/O Southold, N.Y. (S.C.T.M. NO. 1000-79-5-20.2) Dear Mrs. Spiro: Enclosed herewith find five (5) sets of the above captioned preliminary subdivision map, dated August 17, 1992 , as per the request of Mr. Timothy Caufield, at Peconic Land Trust, for your use. (ti Very truly yours, SEP 2 PLANNING BOARD Howard W. Young HWY Oje Enc ALDEN W.YOUNG HOWARD W.YOUNG THOMASC.WOLPERT KENNETH F.ABRUZZO Professional Engineer Land Surveyor Professional Engineer Office Mana er &Land Surveyor g \ ,rt�'SUfFt7(�-CO� PLANNING BOARD MEMBERS ti z SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman g `S Supervisor George Ritchie Latham, Jr. Richard G. Ward 1 S' Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 Tembe r Z I ,19 4 Suffolk County Planning Commision ` H. Lee Dennison Executive Office Building - 12th Floor Veterans Memorial Highway Hauppauge, New York 11788 Attention: Mr. Frank Dowling, Senior Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of - -Anna R. TP 06-1 Hamlet/Locality ':->ou4V\ola S.C.D.P.W. Topo No. : Zoning _R- `)O S.C. Tax Map No. : 1000 _ _ —�_- 5 Major Sub. X _ Minor Sub. Site Plan Cluster MATERIAL SUBMITTED: Xm+p dolrc( 8�„i92 Preliminary Plat ( 3 copies) Road Profiles (1) Drainage Plans (1) \Z--Topogroaphical Map ( 1) Site Plan ( 1) _ Grading Plan (1) Other materials (specify and give number Of cop ies) Waiver of Subdivision Requirements - See attached sheet CONTINUED r i REFERRAL CRITERIA: SEQRA STATUS: 1. The project is an (Unlisted) (Type I) Type II)Action. 2. A (Negative Declaration) (Positive Declaration) (Determ. of Non-Significance) has been adopted by the Planning Board. 3 . E.I.S. statement enclosed. (Yes) 4. The proposed division has received approval from the S.C. Dept of Health. (Yes) (No) _Comments: fro, 's n Ar6rm n��. ..� ��! r ba^'° fCsseg 11C c wr SEQR n ben mod We request acknowledgement of receipt of this referral (Yes) (No) Referral received 19 by Suffolk County Planning Commission and assigned File NO. Very truly yours, Bennett Orlowski, Jr. mf Chairman i PLANNING li,RD MEMBERS cra SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Oj` Supervisor George Ritchi: Latham. Jr. 2.',���-I Town Hall, 53095 Main Road Richard G.Mark S. McDonald P.O.r P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold. New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 September 18, 1992 RE: Lead Agency Coordination Request Major Subdivision Anna K. Plock SCTM# 1000-79-5-20. 2 Dear Reviewer: Under separate cover you received information pertaining to the lead agency environmental review for the above mentioned subdivision proposal. Please note the following: 1. Revised preliminary maps have been submitted that show the enclosed lagoon at the N/W/C of the property being opened to provide direct boat access. A minor change has also been indicated in the location of the proposed rock revetment. A copy of this map is enclosed for your review. 2 . The Southold Town Board of Trustees has notified the Planning Board that additional information is:. necessary to complete the wetland application before that Board. The Trustees have requested that all involved agencies hold in abeyance their lead agency determination until their Board determines that it has a complete application for a wetland permit. Upon receipt of notification from the Board of Trustees tha-;. they have a complete application, determinations as to lead agency status and significance will be made. Please contact this office if you have any questions regarding the above. Very truly ours, en�rlowsk��l� Enc'L. cc: *Board of Appeals *Board of Trustees Southold Town Board *1v1_ffolk County Dept. of Health Services *NYSDEC - Stony Brook *NYSDEC - Albany *U.S. Army Corp. of Engineers ✓*James Richter * Maps are enclosed for your review �OgUFFO(,� a t PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman p Q � Supervisor George Ritchie Latham. Jr. {{tiff Richard G. Ward @�F ( � i� Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 September 21, 1992 gamer, Voorhis & Associates Environmental and Planning Consultants 54 N. Country Road Miller Place, New York 11764 RE: Review of EAF Anna K. Plock SCTM# 1000-79-5-20.2 Dear Messrs. Cramer and Voorhis: Please find the following information in reference to the above mentioned subdivision proposal: 1 . A copy of the preliminary map. This map has been revised to indicate among other changes, the proposed opening of the enclosed lagoon for boat access. 2 . A copy of the incomplete application notification from the Board of Trustees. In this notification, the Trustees requested that all involved agencies hold in abeyance their lead agency determination until their Board determines that it has a complete application for a wetland permit. The applicant has submitted additional information to the Trustees. Therefore, it is expected that the Trustees will be making a decision as to lead agency status shortly. A copy of their determination will be faxed to your office in order for you to proceed with your review of the EAF. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, J ++s Chairman ~ • o r�15 ✓5 ✓ POTEN & PARTNERS, INC. :URENCE KENNV August 12, 1992 Southold Town Planning Board Village Hall Main Road Southold, N.Y. Dear Sir/Madam, I just returned from a vacation to the Far West and, on catching up on my reading, I noted a June 17th Suffolk Life article about Peconic Land Trusts' work on the Plock Property in Southold. This property's natural characteristics, not to mention its history, makes it ideal for use in the effort to revive our bays. I attach correspondence written some time ago in an effort to call attention to this unique resource. If I can be of any assistance in this effort, please don't hesitate to call on me. My complements also to the Plock family -- they are attempting to preserve the memory of their forefathers in a most meaningful fashion. My complements also to our representative Government who seem to be making every effort to maintain our way of life, albeit in bad times. Very truly yours, L. Kenny 2000 Reydon Drive Reydon Shores Southold, N.Y. 885 THIRD AVENUE•NEW YORK,N.V.10022-4802•TELEPHONE:(212) 0-2 TLX:222464/420811.TWX:710-5 813 4 7 5•CABLE ADDRESS:POTEN i -- 4.40, IL • • POTEN h PARTNERS, INC. 01. LAURENCE KENNY July 24, 1990 Mr. Arthur H. Kunz Director of Suffolk County Planning Dept. H. Lee Dennison Blvd. 12th floor Veterans Memorial Highway Hauppauge, N.Y. 11788 Dear Mr. Kunz, Picture this! Sunday morning, July 22, 0600 and foggy, very calm, no noise -- I'm standing in Southold Bay in about 3 feet Of water picking up whelks to make Conch chowder. of a sudden I hear a noise behind me on the shore -- I look All up and there's a big, beautiful doe looking down at me. We eye each other for a minute or so and off she scampers back into the woods. A few moments later an osprey flies over my head with her young, heading for the fish nets close off shore, probably to teach her kids the technique of finding food. It was beautiful to experience nature this way and I long to do anything to preserve the open space that allowed this to happen. Thus my reason for writing to you. I would like you to consider the possibility of adding a certain piece of property to your land preservation program. This land is, I would guess, 25 or 30 acres and is located in Southold on Great Hog Neck between the communities of Reydon Shores and Paradise Point. It is known locally as the "Plock Property" after the gentlemen who owns (owned?) it, 885 THIRD AVENUE2464/4 •NEW YORK,N.V. 10022-4802 •TELEPHONE:f2121 230-2000 D „OQ)TLX:22g64/420811.TWg:7f0-5813g75•CABLE ADDRESS:POTENTANK AUG �.� !a✓ Soul !i);-D , PLAN ,iN PLANNIfJG SUA1 RD ` PAGE 2 • • Mr. Arthur H. Kunz At one point the land was used to grow oysters in concrete bunkers that still exist. The bunkers are fed by a stream that stretches 1/4 to 1/2 a mile into the property. The property is home to the deer and Osprey I've already mentioned and is also the home for numerous ducks, swans, fox, egrets, heron and I'm sure numerous other creatures. Most of the property is forest but there is a path through it that is used by the local teenagers enroute to the beach. It's great that a place like this exists for the teenagers where they can "hang out" and enjoy beach, woods and water sports in a peaceful and safe environment. I understand that the property has been for sale for some time. I believe the elder Mr. Plock is deceased and his son passed away in an accident some 3 years ago. It would be a shame if this beautiful property were to be raised some day for expensive homes. I believe that the only way for you to feel what I'm trying to convey would be for you or your associates to take a look at it. If I can be of assistance, I'll be on vacation in Southold from July 28th thru Aug. 12th and I'd love to have the honor of showing you this land which should be preserved for our future generations. Sincerel , W L. Kenny WLK:mI Southold telephone No. (516) 765-2564 % COUNTY OF SUFFOLK 41 PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING July 27, 1990 Mr. W. Laurence Kenny Poten & Partners, Inc. 885 Third Avenue New York, N. Y. 10022-4802 Dear Mr. Kenny: I agree with your goal of trying to protect the Plock Property in Southold. I knew Mr. Plock and I know that the piece of land would be a valuable addition to the open space in the Town of Southold. At the present time, there are no County funds available for wetlands preservation since all of the County's resources are oriented towards the Watershed Preservation Program. In the Town of Southold, we are concentrating our acquisition efforts in the aquifer areas near Laurel Lake and in the vicinity of Route 48. I will keep your letter in a current environmental file that we maintain since there might be a possibility of funds being available through the New York State Bond Issue after January 1st. The passage of the bond issue will make available funds for environmentally sensitive pieces of land like wetlands. If the Town of Southold or the County wish to make this parcel a high priority, it could apply for State assistance to acquire the land. (gs truly, ArthgurH. Kun AHK:pd Director VETERANS MEMORIAL HIGHWAY HAUPPAUGE. LI., NEW YORK 11766 1616)960-S192 PECO 1COAND TRUST 0, Suomi 30 Jammer Lane,P.O.Box 2088,Southampton,NY 11%9 (516)283-3195 Fax:(516)28M235 CC 'AV P6 8�3 August 13, 1992 Valerie Scopaz Town Planner Town of Southold Main Road Southold, NY 11971 Dear Valerie: As per your suggestion, I am writing to clarify the Peconic Land Trusts plans with respect to the preserve area of the Plock Subdivision. As you know, the Plock property lies in the R-40 zone with a yield of 14 lots. The Plock Family Joint Venture has proposed a 4 lot subdivision with the remainder of the property to be deeded to the Peconic Land Trust as a preserve area. The natural characteristics of this property,not to mention its history,makes it unique and ideally suited for preservation and restoration for limited educational, scientific and research use in an effort to promote other mariculture activities. I attach,for your review, a draft copy of a conservation easement which could be conveyed to the Town of Southold and used by the Planning Board to establish the specific conditions of ownership, use and maintenance of this preserve area. We are not currently proposing any specific use,however, we believe this document will be sufficient to assure the preservation of this property for its specific and intended uses. In general,the easement will restrict any commercial, industrial or residential use except as may be specifically permitted by a provision of the easement and approved by the Town of Southold. This draft is intended to generate further discussion with public officials in Southold and their attorneys about the future use of the preserve area. We are eager to bring this project to fruition. The Plock Family has been most generous in providing this property, the funds for restoration and therefore the attendant opportunities to benefit the Town of Southold's educational, commercial and recreational shellfishing community. Any advice or assistance in further refining this easement would be helpful and most appreciated. Thank you. Sincerely, ),mot y Caufield enclosure Assistant Director p [ 71 ; LAUG t d 1992 SOUTHOLD TOWN PLANNING BOARO DRAFT: FOR DISCUSSION PURPOSES ONLY A(� 1l POU LANNIf BiRP DEED OF OPEN SPACE CONSFIa MION EASEMENT THIS DEED OF OPEN SPACE CONSERVATION EASEMENT, is made on the day of August, 1992 at Southampton, New York. The parties are TOWN OF SOUTHOLD, a municipal corporation, having offices at P.O. Box 1179, Southold, New York 11971 (herein called the "Grantee"), and the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York Corporation, having a principal office at 30 Jagger Lane (P.O. Box 2088), Southampton, New York 11969 (herein called the "Grantor"). INTRODUCTION WHEREAS, the Grantor is the owner in fee simple of certain real property (Tax Map # 1000-79-5-20.2) located North of North Bayview Road, Town of Southold, Suffolk County, described in EXHIBIT A, attached hereto and hereinafter referred to as the "Property"; and WHEREAS, the Property possesses natural, scenic, open space and water resource values worthy of conservation protection; and WHEREAS, the Property has substantial and significant value as an educational and scientific resource by reason of the fact that the site is the location of a shellfish seed growout facility for mariculture purposes; and WHEREAS, marine science experts from the Cornell Cooperative Extension Sea Grant Program and the SUNY/Stony Brook Living Marine Resources Institute have determined that the facility is unique on Long Island, and one which could be used for research, extension and municipalities to enhance recreational and commercial shellfishing in the region; and WHEREAS, the Grantor and the Grantee recognize the value and special character of the Property, and the Grantor and the Grantee have the common purpose and objective of protecting and conserving the present state and inherent, natural, tangible and intangible values of the Property as a natural, aesthetic, scientific and educational resource. WHEREAS, the Grantee has determined it to be desirable and beneficial and has requested the Grantor, for itself and its successors and assigns to grant an Open Space Conservation Easement to the Grantee in order to restrict the development of the Property while permitting compatible uses thereof; NOW,THEREFORE: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner in fee simple of certain improved real property located North of North Bayview Road, Town of Southold, Suffolk County, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grant Status Grantee warrants and repesents to Grantor that Grartee is a municipal corporation. 1 0.03 Purpose The parties recognize the environmental, educational, scientific, scenic and natural values of the Property and have the common purpose of preserving these values. This Deed is intended to convey an Open Space Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for environmental, educational, scientific, scenic and natural values, by preventing the use or development of the Protected Property for any purpose or in any manner contrary to the provisions herein, in furtherance of New York State conservation policies clearly delineated by the New York Statutes. 0.04 Government Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural and open condition through conservation restrictions by enactment of Title 3 of Article 49 of the Environmental Conservation Law and General Municipal Law, Section 247. (All of these statutes are herein collectively called the "New York Statutes"). 0.05 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Open Space Conservation Easement on the Protected Property, as determined by the Town Board of the Town of Southold at a duly constituted meeting of that Board, and that the Protected Property satisfies the criteria adopted by Grantee and the laws of the State of New York relating to the quality and characteristics of open land that should be protected and maintained as open land. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings and forbearances contained in this Easement, and for the good and valuable consideration, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Tyne This Deed conveys an Open Space Conservation Easement (herein called the "Easement"). The Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited in this Deed. Reference to "the Easement" or its "provisions" in this Deed shall include any and all of those covenants, restrictions, rights, terms and conditions. 1 .02 Duration This Easement shall be a burden upon and run with the property in perpetuity. 1.03 Effect The Easement shall run with the Protected Property as an incorporeal interest in the Protected Property, enforceable against Grantor, Grantor's agents, tenants, heirs, personal representatives, successors and assigns, and all other individuals and entities. ARTICLE TWO Oil GRANTOR hereby voluntarily grants, releases and conveys to Grantee, as an absolute gift, the Easement, in perpetuity, together with all rights to enforce it, as recited herein, against Grantor and all future owners and tenants. Grantee hereby accepts the Easement in perpetuity, and undertakes to enforce it against Grantor and all future owners and tenants. 2 ARTICLE THRF PROHISI_ TEDACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Protected Property. 3.01 Gtr L t IM The construction or placement of buildings, structures or improvements of any kind or nature, including, but not limited to, residences, roads, mobile homes, antennae and satellite dishes, permanent or temporary, on, over or under the Protected Property except structures used exclusively for conservation purposes or as otherwise permitted in Sections 4.06. 3.02 Excavation and Removal of Materials The dredging, excavating, mining or filling of the Protected Property. The removal of topsoil, sand, or other materials shall not take place on the Protected Property nor shall the topography of the Protected Property be changed except to the extent needed to maintain and preserve the existing vegetation and as may be necessary to undertake the improvements permitted in Section 4.06. 3.03 Subdivision The subdivision or partitioning of the Protected Property except the modification of lot lines may be made if prior approval therefor is obtained in writing from the Town of Southold. In any such case, the deed or other legal instrument recorded to evidence such lot line modification shall make explicit reference to the easements, which shall then apply with full force and effect to such modified premises as if the description thereof had originally been set forth in the easements. 3.04 Cutting of Timber The cutting or harvesting, of timber except for the following purposes: a) to clear and restore forest cover that has been;damaged or disturbed by forces of nature or otherwise, and b) to prune and selectively thin trees in accordance with good forest management practices. 3.05 Dumoina The dumping or accumulation of trash, garbage, sawdust, ashes, chemical waste or other unsightly or offensive material on the Protected Property. 3.06 Sians The display of signs, billboards, or advertisements on the Protected Property except signs, whose placement, number, and design do not significantly diminish the scenic character of the Protected Property and only for the following purposes: a) to state the name of the Protected Property and the names and addresses of the occupants, b) temporarily to advertise the Protected Property or any portion thereof for sale or rent, and c) to post the Protected Property to control unauthorized entry or use. 3.07 Landscaping Activities The removal of trees, shrubs, or other vegetation from the Protected Property, except as provided for in Section 4.04, 4.06 and 4.07. 3.08 Utility Linea The creation or placement of utility transmission lines, utility poles, or wires on the Protected Property except with the Grantee's prior written consent and as provided for in section 4.06 herein. 3 D � a� 4 3.09 (Jqeq The use of the Protected Property for any commercial, industrial, or residential purpose except that Mariculture and the Renting of Boats slips for private recreational use by the owner of the Protected Property will not be considered a commercial or industrial use, and except as may be specifically permitted by a provision of this Easement. ARTICLE FOUR GRANTOR'S RIGHT 4.01 Own .rchin Subject to this Easement, Grantor shall retain all other customary rights of ownership in the Protected Property, some of which are more particularly described in this ARTICLE FOUR. 402—pam3ska Grantor shall continue to have the right to exclusive possession of the Protected Property. 4.033 Use Grantor shall have the right to use the Protected Property in any manner and for any purpose consistent with and not prohibited by the Easement as well as applicable New York State law and which would not defeat or derogate from the purposes of the Easement. 4.04 Mariculture Activities Grantor shall have the right to continue the historical use of the property for Mariculture if prior approval therefor is obtained in writing from the Town of Southold. 4.05 Extinaijighment In the event that the Property can no longer be used for educational, scientific or research purposes related to Mariculture as described herein, the Property shall be used for other open space purposes including wildlife habitat or parkland. In the event that the property is no longer used for mariculture purposes, however, the Grantor reserves the right to one single family residence as allowed in section 4.06 below. 4.06 W&WM A Allowable Residential Improvements. Grantor reserves the right to construct, repair, remodel, reconstruct, and maintain no more than one single-family residence with accessory structures and improvements and shall have the right to remove trees, shrubs, or other vegetation reasonably necessary to construct, repair, remodel, reconstruct, and maintain the single family residence and accessory structures and improvements as permitted by the Town Code of the Town of Southold. B. Allowable Non-Residential Improvements. Grantor shall have the right to construct, repair, remodel, reconstruct, and maintain the following non-residential Improvements on the Protected Property: ( i ) Mariculture Structures, including but not limited to the existing Quonset HuttGreenhouse, Cabana, sheds, barn; and ( i i) Other accesory structures used exclusively for conservation purposes and as permitted by the Town Code of the Town of Southold; and 4 Boat Docking Facilities used exclusively for the mariculture facility or for private recreational use as permitted by the Code of the Town of Southold and as specifically permitted and approved by the Town Board of Trustees. (iv) Access Drives, to provide access to the Improvements permitted herein; (v ) Fences;and (v i) Facilities normally used in connection with supplying utilities, removing sanitary sewage effluent, and controlling stormwater runoff from the Improvements permitted under the terms of this Easement. C. In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvement impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted within the same location subject to the review and written approval of Grantee, not to be unreasonably witheld. D. The use and location of such Improvements shall be consistent with the Conservation Purposes intended herein, and constructed by methods which are attentive to minimizing disturbances to the environment, including but not limited to minimal removal of vegetation, minimal movement of earth, and minimal clearance of access routes for construction vehicles. 4.07 Landscap'na Activities Grantor shall have the right to continue the historical modes of landscaping, pruning, and grounds maintenance of the Protected Property. Grantor shall have the right to remove trees, shrubs, or other vegetation when dead, diseased, or dangerously decayed. There shall be no spraying with biocides or other disturbances or changes in the natural habitat. 4.08 Notice. Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Protected Property which could adversely affect the conservation purposes which are the subject of this Easement. 4.09 Alienability Grantor shall have the right to convey all or any part of his remaining interest in the Protected Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full names and mailing addresses of all Grantees, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting forth the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARMEME GRANTOR'3OB 1 ,6D= 5.01 Maintenance Grantor, at his/her sole cost and expense, shall continue to maintain the Protected Property in the same physical condition as it is on the date of, and in conformance with, this Easement. However, nothing contained in this Easement shall be construed to require the Grantor to repair any injury to or change in the Protected Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement. 5 5.02 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges which may become a lien on the Protected Property, including any taxes or levies imposed to make those payments. If Grantor fails to make such payments, Grantee is authorized to make such payments (but shall have no obligation to do so) upon ten days prior written notice to Grantor, according to any bill, statement or estimate procured from the appropriate public office without inquiry into the accuracy thereof. That payment, if made by Grantee, shall become a lien on the Protected Property of the same priority as the item if not paid would have become, and shall bear interest until paid by Grantor at two percentage points over the prime rate of interest from time to time charged by Citibank, N.A. ARTICLE SIX INDEMNIFICATION 6.01 Grantor's Obligations Grantor shall indemnify and hold Grantee harmless from any charges or liens imposed upon Grantee arising from the physical maintenance and upkeep of the Protected Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 6.02 Third Party .JaiM Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorney's fees, judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: a) from injury to persons or damages to property arising from any activity on the Protected Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. ABICLEBEVEN GRANTEES RIGHTS 7.01 Entry and Inspection Grantee shall have the right to enter upon the Protected Property at reasonable times, upon reasonable prior notice to Grantor, and in a manner that will not interfere with the Grantor's quiet use and enjoyment of the Protected Property, for the purpose of inspection to determine whether the Easement and its purposes and provisions are being upheld, and for purposes of scientific research such as collection of data and the placement and monitoring of resource sampling and data collection equipment. Grantee shall not have the right to enter upon the Protected Property for any other purpose, nor to permit access upon the Protected Property by the public. 79 nfor . .m nt Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of the Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the Open Space Values or otherwise to further the purpose of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) to institute a suit to enjoin or cure such breach, default or violation by temporary and/or 6 DG3p Q permanent injunction, (ii) to enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto or on the date hereof, or to such condition as is expressly permitted hereby or as may be pursuant to the terms hereof, as Grantee deems appropriate under the circumstances, or (iii) to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by Grantee (herein called "legal expenses") in connection with any proceedings under this Section 7.02. 7.03 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SEVEN shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not,have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 7.04 Assignability Grantee shall have the right to assign any and all of its rights and responsibilities under this Easement, and any and all of its right, title and interest in and to the Easement only to a qualified organization (herein called "the Assignee"). As used herein: the term "qualified organization" means a unit of government or not-for-profit corporation which is qualified to receive such interests pursuant to Article 49 of the New York Environmental Conservation Law, and is a qualified organization within the meaning of Section 170(h)(3) of the Code, which is organized or operated primarily or substantially for one of the conservation purposes specified in Section 170(h)(4)(A) of the Code. Any assignment of benefits by Grantee or Grantee's successors must require the Assignee or Assignee's successors to carry out the purpose of this Easement. The Assignee and its successors and assigns shall have the same right of assignment. 7.05 raasinn If at any time Grantee or Airty successor or assignee is unable to enforce this Easement fully or fails to do so, or if Grantee or any successor or assignee ceases to exist or ceases to be a qualified organization, and, if, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of its rights and responsibilities under this Easement and all of its right, title and interest in and to the Easement to a qualified organization, then the rights and responsibilities under this Easement shall become vested in and fall upon another qualified organization in accordance with a cy pres proceeding or in any court of competent jurisdiction. 7.06 Extinguishment This easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 7.06, the fair market value of such right and interest shall be equal to the difference, as of the date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby (such difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinafter referred to as the "Proportionate Share"). In the event a material unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, resulting in an extinguishment of this Easement or any material term or provision hereof by a judicial proceeding; then upon a subsequent transfer of title to the Property by sale, gift, devise, exchange, taking by eminent domain or by purchase in lieu of a taking, Grantor shall pay to Grantee an amount equal to the greater of (x) the consideration paid by Grantee to Grantor for this Easement or (y) a Proportionate Share of the proceeds of such transfer. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise 7 effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the Property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to a Proportionate Share of the remaining recovered proceeds. The Grantee shall use such proceeds actually recovered by it in a manner consistent with the purpose of this Easement. The respective rights of Grantor and Grantee set forth in this Section 7.06 shall be in addition to, and not in limitation of, any rights they may have a common law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. ARTICLE EIGHT MISCELLANEOUS 8.01 Entire Understandina This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. $.02 Amendment y This Easement can be terminated or modified only in accordance with the common and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land and the laws and ordinances of the Town of Southold. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain of the restrictions contained in this Easement. To this end, Grantee and Grantor shall mutually have the right, in their sole discretion, to agree to amendments to this Easement which are not inconsistent with the basic purpose of the Easement set forth in Section 1 hereof; provided, however, that Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid conservation easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, any regulation New York, as the same may be hereafter amended, any regulation issued pursuant thereto, or Section 170(h) of the Internal Revenue Code governing "Qualified Conservation Contributions." 8.03 Severshility. Any provision of this Easement, restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement which is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 8.04 Notice All notices required by this Easement must be written. Notices shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 8.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the President. Notice shall be deemed given and received as of the date of its rnanual delivery or the date of its mailing. 8 0 e B.OS +ovPrning�� New York law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 8.06 Interpret_ ation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement as intended by Grantor. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Protected Property shall not apply in the construction or interpretation of this Easement, and, this Easement shall be interpreted broadly to effect the purposes of the Easement as intended by Grantor. The parties intend that the Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Protected Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 8.07 Puj r_Ar� Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Protected Property. 8.08__Wa,�rantgY The warranties and representation made by the parties in this Easement shall survive its execution. 8.09 Binding. The covenants, terms, conditions, restrictions and purposes of this Easement shall run with the Protected Property, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, heirs, personal representatives, successors and assigns. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each of its agents, successors, and assigns and each such following successor and assign, and the word "Grantee" when used herein shall include all of those persons or entities. 8.10 R .nnrd= Grantor.Grantee shall have the right to record this Easement at any time without notice to 8.11 Headlnac The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 9 IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Open Space Conservation Easement on the day and year set forth above. WITNESS: --------------------------------- PECONIC LAND TRUST, INCORPORATED(Grantor) BY: _DRAFT John van Heusen Halsey Its President ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD(Grantee) BY: _DRAFT__ Scott L. Harris, Supervisor STATE OF NEW YORK ) ) ss:. COUNTY OF SUFFOLK ) ON this_day of August, 1992, before me personally appeared JOHN VAN HEUSEN HALSEY, to me known and known to me to be the President of the PECONIC LAND TRUST, INCORPORATED, Grantor mentioned and described in, and who executed the foregoing instrument, and he duly acknowledges to me that he executed the same; that he knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the Board of Directors of the said Corporation; and that he signed his name thereto by like authority. Notary Public STATE OF NEW YORK ) ) ss:. COUNTY OF SUFFOLK ) On this day of 19_, before me appeared onally who, being by me duly sworn, said that her resides at that he is Grantee mentioned and described in and which acknow ledge and accepted all of the rights and responsibilities under the foregoing instrument and the Easement conveyed therein; and that he signed his name thereto by like authority. Notary Public 10 w .w did A t N.130p8� SPOIL AREA R8o33'ggsE E \h REMOVE AND go �r Is �L13' �REPLAGE 6ULKHEAD a N �N � ORN g � CD IO o°j Y i -2gi -TNi )sk A "' _v°' Lot i N.8°33 000 PROPOSED CHANNEL = z —""-2. �- z+ Lot: A KOPOePED bULKHEAD r a Of Un Br�yUtB�LQRd_ y PATIO . ULKHEAD 13j8PS.f • Bl F BUL HEAO _ c` BbAT ASIN 1 S division "Mop Of Re 0 1Y AUtlAI VJM w AVWIW. � C_ mot' (� / 9 IS A Y ow TV Q !Yt Ywx',yvPl STAtI j AW. y V MS SIHYfT MAP H LLAPINC Pr'f k') fW.iG 'AlAL 01 ID ikLk COPY Ps i r i SYt iU7rvq � \V'\ IIY CIJHOGY Al A ICY An �M pufwe � ANO .3Y N try �t<. 6 Ncn, Incomplete notice and regTiest to withold SE, ,IRA Lead Agelpy Determination P-8 MS Consultant Richard F. Lark Fcq ""anaging Agent Project Name Ploc_ k Shellfish preserve/Plark Family Joint Venture SCTM 11000- 79-5-20.2 Date July 9.. 1-992 The Southold Town Trustee office has--1 `..ned that your application for a c wetland perms is n ncom lete plea nsiF the following information in this regar or any required return submission: Pursuant to--TaW1 Gode Chapter 97-21 Provide itt _the owners wherein yclu derive your authority for making an ap linatioyi-xu --t eir hehalf. F. Please describe the method of dr dgying pronosed fnr e- h area u, phase of the pri G. Application map must show project site in con o n of one foot increments of elevation or request waiver therefrom pursuant to code Se.-ti n 97-22. H. The request to fill in any "Vernal" areas as discussed on Dr -s , mission conferee should be included with the application alone with their calculated area tatal in. square feet. -H. The project appleiatig) should project `he amount of int idal marsh (Spartina species) ins nape feet which shall be removed by the nrox�od cut-throng to the basin. G.The appl 'atioxi map must detail the plans for the mixe use _ 'marina maricLilture" basin showing all additions and deletions and than es proposed thereto. J. The applicant must secure other governmental approvals or request a 97 22 waiver. As the suers requested above ®mr h• affect the decisiol by the Beard to seek Lead Agency Status par�aut #,g A U (sue �. ), wee sperrfrcaity request allraec►lvoest aReacies to I:ohi in nbeQauce then mad Ageacy cietermination until 3 Bmar3 Aetermdmes it ims a cmmteted stee Representative cc: BH33diRg--Deg-.. Richard Lark, Esq. 8s it3g-lt3rd-4€-AppOal� -- Peconic Land. Trust Planning Board NYS Dept. of Environmental Cons. Conservation Advisory Council Bruce Anderson This notice makes no claim with respect to other jurisdictions within or outside the Town of Southold with respect to permits, permission required. 4/92 p d , n B8 O RND' icy E\aw York State Department of Environmental Conservation s3o9 � c� Al�/ iZpitil -1��; � l' . U. J� ox l 79 ,AN.. - 2M L1 Jo L) T N v ziJ /d Y / 9 7 J sourHot�T_N 9/7�✓, Q/ZLot-tw( i 512. UNNINGBOARD Re: LEAD AGENCY COORDINATION RESPONSE Dear Cl/Z- O�Lv�✓-�lC/ This letter responds to your communication of regarding lead agency coordination for the above-noted project, under Article 8 (State Environmental Qualify Review - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617. The Department has the following interest in this project: DEC Permits (if any) . l T/J-) ,+ e- /.v/7C ,9 —,-,0 s (/Uf /'iZa Tic T� .✓ Of= DEC Contact Person: /'`� �3/=✓Zl�}�7-C SEQR classification; [ y' Type i i ] Unlisted DEC Position: �Basen the information provided: s no objection to your agency assuming lead agency status for this action. [ ] DEC wishes to assume lead agency status for this action. [ ] DEC needs additional information in order to respond (see comments) . [ ] DEC cannot be lead agency because it has no jurisdiction in this action. Comments: [vl see attached ( ] none s/6/vL z-��- v If you do not concur with the DEC position indicated above, please contact this office to resolve designation of lead agency within the time allowable under Part 617. Please feel free to contact this office for fu her informatio r dis Sion. «! ince y, cc: (attach distribution list) 6yti , NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL. CONS(iJATION NOTICE Mi- INCOMPLETE APPLICATION - THIS IS NOT A PERMIT APPLICANT FLOCK '�,L-i_LFISHER PRESERVE owNERIONUMBEa 40349 BOX 9-_' ^.1AIN ROAD CUTCHOr.,UE. NY I I935 nPPucnT„r. :r 1'38-00522 00001-0 BATDI NUMBER 124805 PERMrT A,: i. 1 SECTION 401 - CLEAN WATER ACT. WATER QUALITY CERTIFICATION ARTICLE 15. TITLE 5: EXCAVATION AND FILL IN NAVIGABLE WATERS 1 ARTICLE 25. TIDAL WETLANDS EncrLm,PR ..I ?I-JCR SHELLFISHER PRESERVE PROPERTY PROJECT Is_.-, - I. SOUTHOLD IN SUFFOLK COUNTY Your ApIplCation for Permit is Incomplete, the Following items are Required: • Complr:r. ,,II ,u ul, I ,1 L-nvironnrental ASsessl;b ,,n Innrluz: ■ Complete,.: hurt I of the Slruclulal-Archaeological Assessrn ■ Signed Int . irunl Ian driwner glving you permission to apply fry I:w I!II; ;rn Iu� I ;rr property. ■ The pr,;j . I I, h J!'IJ pursuant to the State Environrn, OudlI[y Ra.Lew Act (SEQR). A destgnalE ;rl Lcarl Ay,:: anti a determination of significance. „r t1w pinpr,en :rf SEQR are necessary before ycw IPPhcali()f' : rin ho considered complete. ■ The correct fae was nuI sr,btted. Please submit a check Or nl,I-ey order pu y;)Llo to the New York State Departmn fi( nt Etvirwimental Conservation for S740.,ij Additional Inkxmation: (1)YOURa.�=�PLICATIUN IS BEING REVIEWED FOR FRESHWATER WETLAND CONCERNS. (2)THE CROSSSECTIUN OF THE ROCK REVETMENT MUST BE TO SCALE AND SHOW MEAN L^:. 'ND MEAr,I I MGH WATER. YOU MAY WISH TO CONSIDER A REVETMENT OF GRADUA ED STONE SIZE TO ENHANCE IT'S STRUCTURAL INTEGRITY. 3)YOUR *'�=)OPOSAL AlC LS FOR A 235 LINEAR FT. REVETMENT, HOWEVER IT SEEMS T .ALE Ol.1-1 TO 255 LINEAR FT. --PLEASE CLARIFY. (4)YOU NE D =ERrv1ISSICN FROM REYDON SHORES ASSOCIATION TO DREDGE ON THr H.-l_ r I-,1 Y (5)YOLF r`i F ;),i,SN'T DEPICT DREDGING THROUGH TiIE CHANNEL TO THE BAY-- P. I. HIF� AND REVISE YOUR PLANS IF NECESSARY-(6)HOW MANY SO- Fl -1EDL ( i"E4 IS INVOLVED- (7)APPROX THE CU- YDS. OF DREDGE SPOIL A, CU- YDS OF FILL (STONE) TO BE PLACE IN TAIL. NO FURTHER ACTION CAN BE TAKEN UNTIL ALL OF THESE MATE STARE RfFCEIVED _rCff+ CONTACT° -JOHN �VIEL1IND SIGNATURE _ (,. _ IY,, TI T I _I'" )NMENIALUONSEHVATIUN — _"vCIUN I ,u,nTORY AFFAIRS DATE 0506.'92 3,IN .r. HROIK IN 1L-$; .ao ROOM 219 TELEPHONE NUMBER 516-751-7900 1)Ny E r t NEW YJRK r I790-2356 NOTE_ ,}RI-Nr ndMf y ,ru r0 DISCpgS THIS Ai,Ij k.,S1I1)N R EASE CLINTACT THE PERSON ABOVE TO ARHANGE A MeenNG r r • AyUFFO�,� PLANNING BOARD MEMBERS rn ' 2 SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman` , �o �� George Ritchie Latham, Jr. � .;wj� �� Supervisor( Richard G. Ward Mark S. McDonald Town Hall, 53095 Main Road �'�"1-�'" � P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 July 1, 1992 Cramer, Voorhis & Associates Environmental and Planning Consultants 54 N. Country Road Miller Place, New York 11764 RE: Review of EAF Anna K. Plock SCTM#1000-79-5-20. 2 Dear Messrs. Cramer and Voorhis: The Southold Town Planning Board hearby refers the Environmental Assessment Form for the above mentioned subdivision to your office for review. Also enclosed are the following: 1 . A copy of the sketch plan dated June 16, 1992; 2 . A copy of the Plock Project Overview that was submitted with the application materials; 3 . A copy of the Planning Board' s Lead Agency Coordination request that was sent out on June 24, 1992; 4. A copy of the Planning Board' s June 8, 1992 resolutions granting sketch approval and initiating the coordination process; 5. A copy of the Board of Trustees February 20, 1992 letter. The Planning Board started the lead agency coordination Process on June 8, 1992. The $400. 00 review fee has been submitted by the applicant. If all is in order, the Board will make their SEQRA determination at the August 10, 1992 public meeting. Please submit your report no later than July 31, 1992 in order for the Board to review it before the meeting date. Please note that although not shown on the map, the northerly half of each track is to be removed and planking is to be constructed over the remaining tracks. In this manner two short piers will be created. Anna K. Plock July 1, 1992 Page 2 Any comments the Planning Board receives in response to the Lead Agency request will be forwarded to your office. The purchase order will be sent to you under separate cover. If you have any questions concerning the above, please contact Planning Staff. Very truly yours, Bennett Orlowski, Jr. "S Chairman Encl. 14-16-2 (2/87)-7c • • 617.21 Appendix A S` State Environmental Quality Review � . FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a pre or action may be significant. The question of whether an action may be significant is not always easy to answer. Fregr ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who deter, significance may have little or no formal knowledge of the environment or may be technically expert in environme analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affe� the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determina • process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or act Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic pro . data, it assists a reviewer in the analysis that takes place in Parts 2 AD Part 2: Focuses on identifying the range of possible impacts that may occur rp - m [n guidance as to whether an impact is likely to be considered small to d r to or whether it is a potent Prov large impact. The form also identifies whether an impact can be mi t or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Par[ 3 is ^ray impact is actually important. to evaluate whether or not $DUTHOLD TOVfN PLANNING BOARD DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: IN Part 1 CUpon review of the information recorded on this EAF (Parts 1 and 2 and 3 if a ❑ Part 2 ❑Part 3 rite), and any other iead agenformati ncy thaton, and considering both the magitude and importance of each impaPtprotPsreason reasonably determined bytthc l : ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer t Signature of Responsible Officer in Lead Agency Sig'nature of 1'reparer(If different fromresponsible officer) Date Y 1 14-16-2 (2187)-7c • 617.21 Appendix A S State Environmental Quality Review �' . FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a pr, or action may be significant. The question of whether an action may be significant is not always easy to answer. Fregr ly, there are aspectsof a project that are subjective or unmeasureable. It is also understood that those who deter. significance may have little or no formal knowledge of the environment or may be technically expert in environme analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affe" the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determine . process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or ac • Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic prc data, it assists a reviewer in the analysis that takes place in Parts 2 ri z Part 2: Focuses on identifying the range of possible impacts that may occur rW a r� guidance as to whether an impact is likely to be considered small to rrd' r to or whether it is ea pl([�'P�1otenti. large impact. The form also identifies whether an impact can be mi d or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is 1 impact is actually important. to evaluate whether or not ; ... SOUTHOLD TOWN i PLANNING BOARD DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: 13 Part 1 CUpon review of the information recorded on this EAF(Parts 1 and 2 and 3 if a ❑ Part 2 ❑Part 3 ioriate), and any oter nformation, and considering both the magitude and importance of each impact, i[Ps reasonably detehmined bysupporting lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer ( 5ignature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible Officer) Date 1 i� .. PAHT 1—PROJECT INFORMPON- Prepared by Project $ponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a Sir;mfica nt rlt,•, on the environment. Please complete the entire form, Parts A through E. Answers to these questions will he cons lam,.,, as part of the application for approval and may be subject to further verification and public review. Provi(le any micht,o,,,, information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not in%n1N•• new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and ,pera, each instance. NAME OF ACTION Plock Shellfisher Preserve LOCATION OF ACTION(Include Street Address, Municipality and County) North of North Ba iew Road (SLIM #1000-079.00-05.00-020.002) Town of Southold Suffolk Count w yorIc NAME OF APPLICANT/SPONSOR Richard F. Lark BUSINESS TELEPHONE ADDRESS ( 510 734-6RO7 Main Road — P. O. Box 973 , CITY/PO CutchO ue STATE ZIP CODE NAME OF OWNER(If different) Anna K. P1_ock, 5IclCu l Anne Plock, Deborah Anne BUSINESS N.1TELEPHONE O Plock, William John Plock, Katherinrian Plock, Richard F. ADDRESS Irar , erc e o , r. an e ( I Same rsi me PO E RIPTION OF ACTIONor Subdivision of 21. 7903 acre parcel into four building lots with es ranging from 1.,5 acres to 2 . 1 acres. Project proposes an area to be conveyed to ic Land Trustxandtimprovementse 12 . 6 acre rtoeaneexisting aquacculture facilityetonbe owned and managed by the Trust. Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial OCommercial ❑Residential (suburban) ❑Rural (non-farm) ❑forest ❑Agriculture 00ther-vacant strurt-nrag/vacant 1^nr1 2. Total acreage of project area: 21 • 7 0 --23_ acres.. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) 2 0 PRESENTLY AFTER COMPLETION Forested acres 1. 9 acres 15 . 5 acres 12 • 6 acres Agricultural (Includes orchards, cropland, pasture, etc.) 0 . 0 acres 0 . 0 acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) 0 . 7 acres 0 . 7 Water Surface Area Unvegetated (Rock, earth or fill) 2 . 8 acres 2 . 3 acres acres 0 . 7 acres 1. 2 Roads, buildings and other paved surfaces . acres 0 1 acres 0 • 9 acres Other (Indicate type) 0 . 0 2 . 2 acres acres 3. What is predominant soil types) on project site? _Br1R a. Soil drainage: ❑Well drained % of site ®Moderately well drained 100 % of site ❑Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? N A acres. (See 1 NYCRR 370). 4- Are there bedrock outcroppings on project site? ❑Yes a. What is depth to bedrock? ®No (in feet) 2 5. Approximate percentage of osc oject site with slopes: (NO-1� o, e 1315% or greater 0, �'— 6. Is project substantially contiguous ta, or contain a building, site, or district, listed on Registers of Historic Places? ❑Yes &NO the State or the Natio � '. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ,a 8. What is the depth of the water table? ❑Yes {in feet) greater than 4 feet to seasonal High water i 9. Is site located over a primary, principal, or sole source aquifer? )bYes ONO 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? E yes 11. Does project site contain any species of plant or animal life that is identified as threatened o❑rNendangere Dyes ❑No According to Identify each species 12. Are there any unique or unusual land forms on the project site? Dyes (i.e., cliffs, dunes, other geological formatior fNo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation are, ❑Yes t_'.`No If yes, explain 14. Does the present site include scenic views known to be important to NO the community? ❑Yes IA 15. Streams within or contiguous to project area: NO a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name Unnamed- -_- ___ _ 17. Is the site served by existingb. Size (In acres) C a) If Yes, does sufficient capacity public exist to allow connectionyes ❑No b) If Yes, will improvements be necessary to allow connection? UYes ONO 13Yes ONO 18. Is the site located in an ag ricultural district certified pursuant to Agriculture and Markets Law, Aruc:e :5-1A Section site and ❑Yes ffN o 19. Is the site located in or substantiall contiguous to a Critical Environmental Area designated of the ECL, and 6 NYCRR 617? Yes ONO g Pursuant ;o Ar;ic:e 8 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes ItNo B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor b. Project acreage to be developed: 6 . 97 91 7903 acres. c. Project acreage to remain undevelope aces initially;14. 82 acres ultimately. d. Length Of acres. project, in miles: N/A (If ap propriate) e. If the project is an expansion, indicate percent of expansion proposed N/A f. Number of offstreet parking spaces existing N/A °' g. Maximum vehicular tri s proposed p generated per hour N/A h. If residential Number and type of housin (upon completion of project)? One Family 6 units: Initially 4 Two Family Multiple Family—� Y Condominium Ultimately i. Dimensions (in feet) of�largest —� 6 proposed structure N/A --� j. Linear feet of frontage along height; width; length 6 a public thoroughfare project will occupy is? N/A ft. - 3 2. How much natural materiI e., l.K, earth, etc.) will be removed Athe,. ,e? None 3. Will disturbed areas be rec aimed? Dyes ONO MN/A tons/cubic yard a. If Yes, for what intender' purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Dyes ONO c. Will upper subsoil be stockpiled for reclamation? Oyes ONO 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 5. Will any mature forest (over 100 years old) or other local)Y-important project.acres. Dyes INNo vegetation be removed by this r 6. If single phase project: Anticipated Period of construction N/A 7. If multi-phased: months, (including demolition). a. Total number of phases anticipated 3 (number). b. Anticipated date of commencement phase 1 April 1992 c. Approximate completion date of final phase p 1 month year, (including demolition) PP p p A ri 1997 d. Is phase 1 functionally dependent on subsequent phases? mo❑yes nth Year. 8. Will blasting occur during construction? Dyes L�7N0 CAN o 9. Number of jobs generated: during construction 1 n i hajAse 10. Number of jobs eliminated by this Project 0 : after project is complete 0 11. Will project require relocation of any projects or facilities? Dyes MNo If yes, explain 72. Is surface liquid waste disposal involved? Oyes MNO a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? Dyes NO 14. Will surface area of an existing water body increase or decrease by Type Explain Increase by opening inlet to Reydon ShPesosal? N]Yes ONO 15. Is project or any portion of project located in a 100 year flood plain? Dyes LNo 16. Will the project generate solid waste? in ONO a. If yes, what is the amount per month 1 .946/mo LMONTH b. If yes, will an existing solid waste facility be used? (�7 lbs per capita/day,2.3 personsihouse Yes ONO C. If yes, give name _} 1 1 i g d. Will any wastes not go into a sewage disposal system or into location sanitary�lan f ll?lle ❑Yes No e. If Yes, explain 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal?1,946tBS5/MQ ONO b. If yes, what is the anticipated site life? ons/month. —bft — years. 18. Will proje-t use herbicides or pesticides? Dyes gNo 19. Will project routinely produce odors (more than one hour per day)? Oyes 20. Will Project produce operating noise exceeding the local _ambient noise levels?CNo 21. Will project result in an increase in energyr Dyes f(7No 1use. tt��Ycs If yes indicate type(s) X' ONo 22. If water supply is from wells, indicate pumping capacity 10 23. Total anticipated water usage Per day , onn gallons/minute. 24. I gallons/day. (300GPD/LOT) Does ` project involve Local, State or Federal funding? Dyes C If Yes, explain C$No 4 25. Approvals Required: • • - Type Submit City, Town, Village Board L74Y Date es ONO 280A City, Town, Village Planning Board Ayes ONO Subdivision A ❑Y - City, Town Zoning Board pproval es CX]NO City, County Health Department MYes ONO Suffolk County Dept , Other Local Agenciesof Health Ayes ONO Town Trustees Tidal etlands Other Regional Agencies ®Yes ONO Suffolk County P1 State Agencies anning Dept . lMYes ONO NYS DEC Permits Federal Agencies lMYes ONO Arm Corns of Engineers Permit C. Zoning and Planning Information 1 . Does proposed action involve a Planning or zoning decision? X]Yes If Yes, indicate decision required: ONO Ozoning amendment ❑zoning variance ❑special use permit 7subdivision ❑site plan ot ❑newjrevision of master plan ❑resource management plan ❑ her 2. What is the zoning classification(s)of the site? R-40 -- 3. What is the maximum potential development of the site if developed as RR AS M.ULY AS 1-4 1,07S permitted by the present zoning? 4. What is the proposed zoning of the site? P 5. What is the maximum o in potential development oro the site if developed as permitted by the Proposed zoning? Maximum development will be 4 lots 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? Yrs G 7. What are the predominant land use(s) and zoning classifications within a Y. mile radius of Proposed action? 8. Is the proposed action compatible with adjoining/surround in and uses 9. If the proposed action is the subdivision of land, how many lots) are propo eId?n 4 / mile? }L yes C a. What is the minimum lot size proposed? 1.5 acres 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? 11 . Will the proposed action create a demand for Dyes (�li fire protection)? liyes ONo any community provided services (recreation, education, polio - a. If yes, is existing capacity sufficient to handle projected demand? Wes ONO 12. Will the proposed action result in the generation of traffic significantly above present levels? u1'es ON a. If yes, is the existing road network adequate to handle the additional traffic? Oyes D. Informational Details �\� Attac as may e needed impacts aslsociated additional your proposal. to dibcuss such impacts clarify antl your re measures which ou project. If there are or may be any advers avoid them. Y propose to mirgate c E. Verification 1 certify that the information provided above is true to the best of my knowledge. APPlicanUSponsor,-Paine Signature L.�,C, � �/� Date If the action is in the Coastal Area, and r/ with this assessor Y°° are a state agency, complete the Coastal Assessment Form before ` assessment. Proce edin 5 Plock Project E"'T 3/11/92 Overview 17Peconic Land Trust:The Peconic Land Trust is a nonprofit, tax-exempt conservationo 62a ' „ ,a preservation of farmland and open space on eastern Long Island. The Trust acquires and manages land as well as easements for conservation purposes. In addition, the Trust assists landowners with the implementation of alternatives to outright development. The organization was incorporated on August 1, 1983. Since that time, over 11000 acres of land have been protected. Current projects encompass several thousand acres. Activities: The Peconic Land Trust provides a unique planning approach to preservation and development. Our planning process begins with the goals of each landowner. Once these goals have been established, the Trust prepares a base map showing site conditions and natural features. Additional maps are prepared showing slope, soils, vegetation or hydration, as appropriate. Other environmental specialists are utilized as needed. From this information and input from the landowner, the land is divided into three categories: 1) that which should be preserved at all costs, 2) that which should be preserved if affordable and, 3) that which is suitable for limited development. The Trust then prepares several concept plans which illustrate options for the future use, ownership and management of the land. Options may range from a donation of land to a blend of conservation measures including the sale of appropriate portions of one's property. The Trust's staff carefully reviews such options with the landowner. Once an option has been selected, it is refined into a mutually agreed upon "master plan". The next step is the implementation of the plan itself. After land has been acquired, its long term management must be assured. The Trust prepares a management plan for each parcel of protected land. Some properties are passive and need minimal maintenance, while others require extensive measures to control soil erosion, restore wetlands, etc. The Trust monitors land protected by conservation easements to ensure that the restrictions thereon are not violated. In addition, the Trust can assume management responsibilities for parcels to be donated in the future as well as preserves held by others. Sltellfisher Preserve: The Peconic Land Trust is currently working on a unique project which will result in the preservation of approximately 15 acres of open space and the revitalization of a premier mariculture facility which could provide lasting benefit to Long Island's educational, commercial and recreational shellfishing community. Shellfisher Preserve is a 22-acre waterfront site located on Great Hog Neck in the Town of Southold, Suffolk County, New York (please see attached map). The property,includes significant wetlands and woodlands which should be preserved as open space. In addition, the site is the former location of a seed growout system for the Shelter Island Oyster Company. According to marine science experts from the Cornell Cooperative Extension Sea Grant Program and the • i Plock Overview (page 2) SUNY/Stony Brook Living Marine Resources Institute, this is a 'one of a kind facility on Long Island, and one that could be put to good use by research,extension, municipalities and the commercial sector." Recently the property had been slated for maximum development with a yield of 14 lots. Such a plan would have adversely impacted the natural landscape and would also have resulted in the loss of a significant community asset which could not be rebuilt today due to regulatory constraints. Fortunately, however, the Peconic Land Trust has been authorized by the current owners to implement a preservation/limited development plan which will achieve three primary objectives: 1) preserve approximately 15 acres of open space, 2) revitalize the pre-existing mariculture facility and 3) provide a means for the owners to realize some equity in their property through limited development. Project Schedule: The Peconic Land Trust has been working with the owners of the property for the past eight months on the conceptual planning phase of this project. We have recently reached a consensus with the current owners on the previously outlined "master plan" and we are now ready to begin the implementation phase of the project. We envision a two year implementation phase during which time we will accomplish the following: 1) restore and enhance the wetlands, woodlands in the open space areas of the preserve, 2) repair the marine structures and facilities for the mariculture operation and management center, and 3) work with the research, extension, municipal and commercial shellfrshing community to develop appropriate uses for the facility. At the end of the two-year implementation phase, the Trust plans to license an appropriate agency to maintain the facility for shellfish-dependent uses thereby ensuring the long-term management of the facility. Community Benefit: This mariculture facility has the potential of providing significant public benefits to the entire Long Island community. There is a growing need throughout the region for wet storage of certified shellfish, "relaying" of uncertified (polluted) shellfish and growout of hatchery seed to be purchased by baymen, townships, and other holders of underwater land throughout the Long Island Sound and Peconic Bay estuary systems. In addition, this facility could be utilized as a practical research center in conjunction with local and regional educational programs. In short, we are presented with a once-in-a-lifetime opportunity to preserve a one-of-a-kind community asset. PLANNING BOARD MEMBERS �.- Bennett Orlowski, Jr., Chairman O r SCOTT L. HARRIS_ George Ritchie Latham, Jr. iy . T1 Supervisor - Richard G. Ward ��� sd �ail Mark S. McDonald Town Hall, 53095 P.O. Box 1 Main Road ���� Kenneth L. Edwards 179 PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 SUNS 24) 1991 RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3 . Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: .AnINA M ��M' lono- 74- 5 -70 Ln br Requested Action: S�bc4iu'ts en �� 21 74oi gcre parcc� I. c r Pi. ese 6 nv Ana i;4 L[eni�¢rl LO SEQRA Classification ( x ) TY e T� ypc I ( ) Unlisted Contact Person: Meliss t (516) /65 1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty ( 30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (X ) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( See comments below) . Comments: -- v Qrfhsrl �it��rnsk�s b. Lcc.moveb " k c ica Please feel free to contact this Office for further information. Sincerely, . Bennett Orlowski, Jr. �S Chairman Jr. CC: 'KBoard of Appeals 'Board of Trustees Southold Town Board 'RSuffolk County Dept. of Health Services "`NYSDEC - Stony Brook *NYSDEC - Albany U.S. Army Corp of Engineers Qf Highway Superintendent * Maps are enclosed for your review Coordinating agencies 1 �y 0- p PLANNING BOARD MEMBERSBennett Orlowski, Jr., Chairman O rSCOTT L. HARRIS George Ritchie La[ham, Jr. f�l Supervisor Richard G. Wad '� ?.� 'r Mark S. McDonald Town Hall, 53095 Main Kenneth L. Edwards P.O. Box 1179 PLANNING BOARD OFFICE Southold, New York I Is Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 June 9, 1992 j Richard F. Lark Attorney At Law Main Road P.O. Box 973 ' Cutchogue, NY 11935 RE: Minor Subdivision for j Plock Shellfisher Preserve SCTM#1000-79-5-20. 2 Dear Mr. Lark: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on June 8, 1992: Be it RESOLVED that the Southold Town Planning Board start the coordination process on this Type 1 action. Be it RESOLVED that the Southold Town Planning Board grant--- sketch approval on the map dated May 26, 1992. Sketch plan approval is conditional upon submission of final maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. Road profiles and drainage plans are also required prior to, or in conjunction with the final submission. Five ( 5) paper prints and two ( 2) mylars of the final map, all containing a current stamp of Health Department approval must be submitted before a final public hearing will be set. The Long Environmental Form has been forwarded to the Board's environmental consultant for review. The fee for the review is $400. 00. This sum must be paid in full before the Planning rcan eview. The aPlanninguBoardZwilleconsiderant thetfindingsdoflthethe consultant in making a determination of whether the project will have a significant environmental impact. Page 2 Plock Shellfisher Preserve Upon receipt of the road and drainage plans, the maps will be forwarded to the Engineering Inspector and the Suffolk County Planning Commission for review. Please do not hesitate to contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. "S Chairman TRUSTEES y�al;rru(,f= fS ✓ John M.Bredemeyer,III,President �` �! /?S J717/ :. Henry P. Smith,Vice President ti ,,,,k' 1 SUPERVISOR Albert J.Krupski,Jr. a ( ,l :' SCOTT L.HARRIS JohnJr. John B. Tuthill ,�� - Town Hall 53095 Main Road Telephone(516)765-1892 BOARD OF TOWN TRUSTEES P.O.Box 1179 Fax(516)765-1823 TOWN OF SOUTHOLD Southold,New York 11971 February 20, 1992 Tim Caufield Peconic Land Trust • P.O. Box 2088 ( T [ r, `iu 30 Jagger Lane Southampton, NY 11969 RE: Plock Property SCTM #1000-79-5-20. 2 1 °CltiiiiJGlyC?ftD Dear Mr. Caufield: This letter will confirm the Southold Town Board of Trustees meeting and field inspection with you this date at the site of the Plock property, Southold, NY. This communication is designed to further facilitate the pre-submission process now that the freshwater wetlands have been flagged and inspected by the Trustees consultant and the entire Board of Trustees. 1• The Board requests that all finished roads in the project area be as narrow as possible and of a pervious material. We view the cul-de,sac as wasteful of valuable mature woodland cover in close proximity to the vernal wetlands noted on site and hope the Planning Board will accept some alternative to this design. 2• The Trustees request that the road be configured such that a maximum setback is created to all the freshwater wetland vernal areas. 3 • At a minimum, the Trustees request t7ads l t a zone" be created around each wetland of a east"35 feeturbance 4. The Trustees request that once the and final envelopes are placed on the submission re building flagged for a final field inspection. ady map that 5. Where possible seventy five foot building set backs to wetland areas are requested. 6. If all infrastructure needs of the site can be met with one continuous operation of short duration a single wetlands permit for all activities would be suggested. This might even include building envelope clearing if their size can be limited is actually needed. to what as a 7. Wetlands creation, although an option, should be reserved s enhance fish sand wildlife sneeds eoff the ic psitect goal to help The Trustees appreciate the opportunity the work the Peconic Land Trust in the pre-submission setting and shall continue to work with you and the Plock family to keep this irreplaceable shellfish facility available as a future asset of the community. If we can be of further assistance, please do not hesitate to call. A ely, ..._ Q John M. Bredemey President, Board of Trustees JMB:jmt CC: Planning Board Bruce Anderson CAC /Y�s RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 June 25, 1992 Southold Town Planning Board Town Hall Main Road South Southold, New York 11971 ATT: Bennett Orlowski, Jr. , Chairman RE: Subdivision for "Flock Shellfisher Preserve" SCTM #1000-079 . 00-05. 00-020. 002 Dear Mr. Orlowski: Pursuant to the resolution adopted by the Southold Town Planning Board on June 8 , 1992 I am enclosing Check No. 508 of Plock Family JV, in the amount of $400 . 00 , for the environmental consultant review fee. Very t ly yours, RFL/bd D a Enclosure chard F. L JUN 2 9 1992�, 1 OgUffO(�- � y A 1 } PLANNING BOARD MEMBERS COBna 4t ? Bennett Orlowski, Jr., Chairman p " SCOTT L. HARRIS George Ritchie Latham, Jr. Supervisor Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald -«cam Kenneth L. Edwards P.O. Box 1179 PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 SuNe 24t 199.2 RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2 . Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed Please prpo Environmental Assessment dForm o(EAF) topy of theassistsal and a completed you in your response. Project Name: _ AVtVA k r Ainer C LJI SCT *f- 000- 7 I- 5 - zo.z Requested Action: 10 5 wk ;esrc, rce�N b� 1, ncn acres �. 6& ConnLCMi�e t n b n ne n l nnna b T rn 1' SEQRA Classification ( " ) Type I ( ) Unlisted Contact Person: 1Ple)t55,t � R (516) 765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty ( 30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: ()( ) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( See comments below) . Comments: no{ sown Dn -Ke w� 9- ��urlcc the L A + �ollowc .gin '11,'s m wo Aad „ �� he -F ,� k Please feel free to contact this office for further information. Sincerely, Bennett Orlow �X. 415 Chairman f cc: 'ABoard of Appeals *Board of Trustees Southold Town Board '"Suffolk County Dept. Of Health Services *NYSDEC - Stony Brook 'KNYSDEC - Albany C. R U.S. Army Corp of Engineers Highway Superintendent * Maps are enclosed for your review Coordinating agencies Plock Project 3/11/92 Overview Peconic Land Trust: "'� � 7 W ll The Peconic Land Trust is a nonprofit, tax-exempt conservation Preservation of farmland and open space on eastern Long Island. The Trust acquires and manages land as well as easements for conservation purposes. In addition, the Trust assists landowners with the implementation of alternatives to outright development. The organization was incorporated on August 1, 1983. Since that time, over 11000 acres of land have been protected. Current projects encompass several thousand acres. Activities: The Peconic Land Trust provides a unique planning approach to preservation and development. Our planning process begins with the goals of each landowner. Once these goals have been established, the Trust prepares a base map showing site conditions and natural features. Additional maps are prepared showing slope, soils, vegetation or hydration, as appropriate. Other environmental specialists are utilized as needed. From this information and input from the landowner, the land is divided into three categories: 1) that which should be preserved at all costs, 2) that which should be preserved if affordable and, 3) that which is suitable for limited development. The Trust then prepares several concept plans which illustrate options for the future use, ownership and management of the land. Options may range from a donation of land to a blend of conservation measures including the sale of appropriate portions of one's property. The Trust's staff carefully reviews such options with the landowner. Once an option has been selected, it is refined into a mutually agreed upon "master plan". The next step is the implementation of the plan itself. After land has been acquired, its long term management must be assured. The Trust prepares a management plan for each parcel of protected land. Some properties are passive and need minimal maintenance, while others require extensive measures to control soil erosion, restore wetlands, etc. The Trust monitors land protected by conservation easements to ensure that the restrictions thereon are not violated. In addition, the Trust can assume management responsibilities for parcels to be donated in the future as well as preserves held by others. Shellfisher Preserve: The Peconic Land Trost is currently working on a unique project which will result in the Preservation of approximately 15 acres of open space and the revitalization of a premier mariculture facility which could provide lasting benefit to Long Island's educational, commercial and recreational shellfrshing community. Shellfisher Preserve is a 22-acre waterfront site located on Great Flog Neck in the Town of Southold, Suffolk County, New York (please see attached map). The property includes significant wetlands and woodlands which should be preserved as open space. In addition, the site is tite former location of a seed growout system for the Shelter Island Oyster Company. According to marine science experts from the Cornell Cooperative Extension Sea Grant Program and the Plock Overview (page 2) SUNY/Stony Book Living Marine Resources Institute, this is a 'one of a kind facility on Long Island, and one that could be put to good use by research, extension, municipalities and the commercial sector." Recently the property had been slated for maximum development with a yield of 14 lots. Such a plan would have adversely impacted the natural landscape and would also have resulted in the loss of a significant community asset which could not be rebuilt today due to regulatory constraints. Fortunately, however, the Peconic Land Trust has been authorized by the current owners to implement a preservation/limited development plan which will achieve three primary objectives: 1) preserve approximately 15 acres of open space, 2) revitalize the pre-existing mariculture facility and 3) provide a means for the owners to realize some equity in their property through limited development. Project Schedule: The Peconic Land Trust has with ht months on the conceptual planning phase of this pt oject owners have recentlyfrea reor the ached a con ensus with the current owners on the previously outlined "master plan" and we are now ready to begin the implementation phase of the project We envision a two year implementation phase during which time we will accomplish the following: 1) restore and enhance the wetlands, woodlands in the open space areas of the preserve, 2) repair the marine structures and facilities for the mariculture operation and management center, and 3) work with the research,extension, municipal and commercial shellfishing community to develop appropriate uses for the facility. At the end of the two-year implementation phase, the Trust plans to license an appropriate agency to maintain the facility for shellfish-dependent uses thereby ensuring the long-term management of the facility. Community Benefit: This mariculture facility has the potential of providing significant public benefits to the entire Long Island community. There is a growing need throughout the region for wet storage of certified shellfish, "relaying" of uncertified (polluted) shellfish and growout of hatchery seed to be Purchased by bagmen, townships, and other holders of underwater land throughout the Long Island Sound and Peconic Bay estuary systems. In addition, this facility could be utilized as a practical research center in conjunction with local and regional educational programs. In short, we are presented with a once-in-a-lifetime opportunity to preserve a one-of-a-kind community asset. 14-16-2 (2;87)-7c • _ _ _ - — - 617.21 • Appendix A S State Environmental Quality Review � . FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a pn or action may be significant. The question of whether an action may be significant is not always easy to answer. Freq, ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who deter, significance may have little or no formal knowledge of the environment or may be technically expert in environm.- analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affe, the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determina process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or ac Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic pro data, it assists a reviewer in the analysis that takes place in Parts 2_anlf 1 Part 2: Focuses on identifying the range of possible impacts that may occur rQ guidance as to whether an impact is likely to be considered small tom r to or whether it is a poterov large impact. The form also identifies whether an impact can be mi Part 3: If an d or reduced. V impact in Part 2 is identified as potentially-large, then Part 3 is impact is actually important. to evaluate whether or not .. 80UTNOLD TOWN PUNNING BOARD DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: IN Part 1 CUpon review of the information recorded on this EAF(Parts 1 and 2 and 3 if a ❑ Part 2 ❑part 3 information, and considering both the magitude and importance of each impact, it isreaoprite)son bly deteand anylrer mined by the lead agency that: supporting ❑ A. The project will not result in any large and important impacts) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. A Conditioned Negative Declaration is only valid for Unlisted Actions Ck CC_ �` Name of Action Name of Lead Agency Print or Type Name or Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency t, V Signature of I'reparer(Ifdifferent from responsibleofficer) Date 1 • t P/AHT 1—PROJECT INFORMAOONz Prepared by Project $ponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effec on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considere. as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Plock Shellfisher Preserve LOCATION OF ACTION(Include Street Address, Municipality and County( North of North Ba iew Road (SLIM #1000-079.00-05.00-020.002) NAME OF APPLICANT/SPONSOR TOW1] Of Sollthold Suffolk Count Richard F. Lark BUSINESS TELEPHONE ADDRESS t 516 734-6807 Main Road - P, O. Box 973, CITY/PO Cutcho ue t TE ZIP CODE NAME OF OWNER(It ditlerent) Anna K. Plock, Carol Anne Plock, Deborah AnneTELEPHONE) 35 Plock, William John Plock, Katherine Marian Plock, Richard F.ADDRESS I,ar , erome o , r. an a ace an e SameSameCITY/PO E ZIP CODEDESCRIPTION OF ACTION -- Minor Subdivision of 21. 7903 acre parcel into four building lots with sizes ranging from 1 .5 acres to 2. 1 acres. Project proposes an Trustxandtimprovements 12 . 6 acre rto an eeexisting aquaculture facility area to be conveyed to the etonbe owned and managed by the Trust. Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial ❑Residential (suburban) ❑Rural (non-farm) ❑Forest ❑Agriculture 00ther vacant Strnrtnraa/v r• nt land 2. Total acreage of project area: 21 , 7903 acres., APPROXIMATE ACREAGE Meadow or Srushland (Non-agricultural) PRESENTLY AFTER COMPLETION 2 . 0 acres 1 . 9 Forested 15 . 5 —'---- acres Agricultural Includes orchards, cropland, — 0 acres 12. 6 _ acres g ( p pasture, etc.) acres 0 . 0 Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) 0 . 7 0 . 7 acres Water Surface Area acres 0 • 7 acres 2 . 8 acres 2. 3 Unvegetated (Rock, earth or fill) -- acres Roads, buildings and other paved surfaces acres 1. 2 0 . 1 �— acres type)Other (Indicate t acres _0.99 _ acres 0 . 0 3. What is predominant soil [YP c s project roject site? rTrltz acres 2 . 2 acres a. Soil drainage: ❑Well drained % of site NModerately well drained ❑Poorly drained o �� % of site b. If /o of site any agricultural land is involved, how man Land Classification S stem? N acresy acres of soil are classified within soil group 1 through 4 of the NYS� V �_ . (See 1 NYCRR 370), 4. Are there bedrock outcroppings on project site? Dyes ®No a. What is depth to bedrock? (in feet) 2 5. Appro.ximate percentage of�osci 'oject site with slopes: It0-10 15'� ❑10-15% 6. Is project substantially contiguous to 015% or greater Registers of Historic ? g or contain a building, site, or district, listed on the State or c Places. Dyes PJNO the Natior � '. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes 151 8. What is the depth of the water table? (in feet) Greater than 4 feet to seasonal High water t 9. Is site located over a primary, principal, or sole source aquifer?10. Do hunting, fishing or shell fishingbyes ONO opportunities presently exist in the project area? Y Yes 11. Does project site contain any species of plant or animal life that is identified as threatened oorNendangere, Dyes 11No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formation Dyes CXNo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area ❑Yes V f�No If Yes, explain 14. Does the present site include scenic views known to be important to the community? ❑Yes ° 15. Streams within or contiguous to project area: NO a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous t a. Name Uaflamed-_;. - - to o project area: 17. Is the site served by existingb. Size (In acres) a) If Yes, does sufficient capacity exist utilities? b. connection? Yes ONo b) If Yes, will Improvements be necessary to allow connection? IXYes ONo 18. Is the site located in an agricultural district certified X7Yes ❑No Pursuant to Agriculture and Markets Law, Article 25-A A, Section 303 and 30,1? Dyes 19. Is the site located in or substantiall contiguous to a Critical Environmental Area designated of the ECL, and 6 NYCRR 6177 g I ONO 20. Has the site ever been used for the disposal Of solid or hazardous wastes? g pursuant [o Article 8 Dyes 93No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor _ 21 b. Project acreage to be developed: 6. 97 790" _ acres. e. Project acreage to remain undeveloped acres initially; 14 . 82 ------ acres ultimately, d. Length of project, in miles: �— acres. e. If the N/A-- (If appropriate) project is an expansion, indicate percent of eexpansion proposed f. Number of off-street parkin s N/A g paces existing g. Maximum vehicular trips Family generated ' pfOPosed h. If residential: N Per hour N/A (u umber and type of housing COfiPletion of project)? One Family a Initially Two F Fly _ 4 Multiple Family Condominium Ultimately � —�_ _ i. Dimensions (in �— 'feet) of lar b Best Proposed structure N/A — ---�_ I Linear feet of frontage alon height;; � width; g a public thoroughfare project will occu r N/A length. PV is. ft. 3 2. How much natural materr' 0 e. -K earth, etc.) will be removed r None 3. Will disturbed areas be r imed? the .,e? tons/cubi q❑Yes ONO IMN/A yard a. If yes, for what intender: purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ❑Yes ONO c. Will upper subsoil be stockpiled for reclamation? ❑Yes ONO 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? _0 acres. 5. Will any mature forest (over 100 years old) or other local) p g elation be removed by this project? ❑Yes fNNo Y-important ortant vegetation 6. If single phase project: Anticipated period of construction NIA 7. If multi-phased: months, (including demolition). a. Total number of phases anticipated 3 b. Anticipated date of commencement phase April number). month 1992 year, (including demolition). c- Approximate completion date of final phase _April d. Is phase 1 functionally dependent on subsequent p month❑Yes 1997 —_ year. B. Will blasting occur during construction? Oyes ffNo INNo 9. Number of jobs generated: during construction 6-1 P heas : after project is complete 9 10. Number of jobs eliminated by this project 0 _ 11. Will project require relocation of any projects or facilities? ❑Yes LiNo If yes, explain 12. Is surface liquid waste disposal involved? ❑Yes a. If yes, indicate t �]No type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? 14. Will surface area of an ❑Yes �7N0 Type existing water body increase or decrease by proposal? Explain Increase by opening inlet to Reydon Shores . K7Yes ONO 15. Is project or any portion of project located in a 100 year flood plain?16. Will the project generate solid waste? ..LL�� ❑Yes LNo Yes ONO a. If yes, what is the amount per month IF 94F 6/m�L$„�5, /MONTH b. If yes, will an existing solid waste facility be used? �xx 7 lbs per ca ita da 2,3 f� P P / y, persons/house C. If yes, give name Ay es ONO d. Will any wastes not go into a sewage disposal system or into location landfill?ue e. If Yes, explain ❑Yes7No 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal?1�946 BS5/MQ ❑No b. If yes, what is the anticipated site life? ons/month. -lfNifN6wN-- Years. 18. Will project use herbicides or pesticides? ❑Yes 19. Will project routine) QNo y produce odors (more than one hour per day)? ❑Yes qNo 20. Will project produce operating noise exceeding the local_ambient noise levels? ❑Yes 21. Will project result in an increase in energy use? 7No If Yes , indicate type(s) QYes ONO 22. If water supply is from wells, indicate pumping capacity 10 23. Total anticipated water usa �— gallons/minute. 6e per day _ 1 onn gallons/da 24. Does project involve Local, State or Fed eral'funding? ❑Yes y (300GPD/LOT) l If Yes. explain CXNo f\- 4 25. Approvals Required: • _ Submit } Type Datc City, Town, Village Board LEIYes ❑No 280A CPlanning Board City, Town, Village Pl l� 9Yes ❑No Subdivision Approval City, Town Zoning Board Oyes MN0 City, County Health Department MYes ❑No Suffolk County D=o f Other Local Agencies Health INYes ❑No Town Trustees Tidal I etlautds Other Regional Agencies ®Yes ❑No Suffolk onnty State Agencies Planning Dept . Yes ❑No NYS DEC Permits Federal Agencies Myes ❑No Army CorUs of Engineer Permit C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? El Yes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit One-/revision of master plan ❑resource managemen f7subdivision ❑site plan plan ❑other 2. What is the zoning class ification(s)of the site? R-40 t 3. What is the maximum Potential development of the site if developed as P permitted by the present zoning? 4. What is the proposed zoning of the site? Pre oo i n,g-t,-1 u_i 5. What is the maximum Potential development of the site if developed as permitted by the proposed zoning? Maximum development will be 4 lots b. Is the proposed action consistent with the recommended uses in adopted local land use plans? E]Yes L_ 7. What are the predominant land use(s) and zoning classifications within a IX mile radius of Proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a �/, mile? ❑ 9. If the proposed action is the subdivision of land, how many lots are proposed? 4 `71'es a. What is the minimum lot size proposed? 1.5 acres 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes 11 . Will the proposed action create a demand for any Community provided services (recreation, education, polio fire protection)? RYes ❑No a. If yes, is existing capacity sufficient to handle projected demand? es 12. Will the proposed action result in the generation of traffic significantly above present lev❑e so a. If yes, is the existing road network adequate to handle the additional traffic? . byes ❑�, D. Informational Details ❑Yes ❑No Attach any additional information as may be needed to clarify your project. If there are or may impacts associated with your proposal, please discuss such impacts and the measures which You avoid them. V be any adver V Propose to mitigate , E. Verification I certify that the information r p ovided above is true App to the best of my knowledge. SignaturehcantlSponso�c /�/Cy//�,/] �,� Date zjZ If the action m the Coastal Area, and you are a stale agency, Tale c //��.....__ __���y- with this assessory ent. � complete flee Coastal Assessment Form before proceedin 5 �� SttBFiGE" PECONIWAND TRUST ✓s —40 M5 30 Jalger Izoe,P.O.Box 2088,Southampton,NY 11969 (516)2833195 F=(516)283-0235 June 22, 1992 Valerie Scopaz Town Planner Town of Southold Main Road Southold, NY 11971 Dear Valerie: Attached please find twelve (12) copies of the revised survey for the Plock subdivision. Please let me know if you need any additional information in order to begin the review process. Also, I would like to request a meeting with you and a town attorney to determine whether or not the Plock Project, as proposed, conforms to the zoning chapter and, if not, how the project or the ordinance might be modified so that they are compatible. We have done some preliminary research into this issue and we have a few suggestions which we would like to review with the Town. Thanks again for all of your kind assistance. Sincerely, Timothy Canfield Assistant Director enclosure :2 J SOUTHN PLANNING BOARD PLOCK PROJECT SOUTHOLD, NY Proposed amendment to Southold Code, Chapter 100, Zoning. Amend Article III, Agricultural-Conservation (A-C) District, to add a new Section 100-31 , B. (16) to read as follows: (16) Mariculture or aquaculture operations or research and development. .l 2 3 I!ag _ FL:�"rltv!(vG Bv�RO n h ,aG PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham. Jr. '9l ���,,;` Richard G. Ward3 zr' Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 June 9, 1992 Richard F. Lark Attorney At Law Main Road P.O. Box 973 Cutchogue, NY 11935 RE: Minor Subdivision for Anna K. Plock SCTM#1000-79-5-20. 2 Dear Mr. Lark: As you know, at the June 8th public meeting the Planning Board granted sketch approval to the above mentioned subdivision. In addition, at the meeting a motion was made and seconded to start the lead agency coordination process. It is the Planning Board' s understanding that the map has been updated and that copies of the updated map are being forwarded to our office. Accordingly, the Board will not initiate the lead agency coordination until the updated maps are received. Please do not hesitate to contact this office if you have any questions regarding the above. Very truly yours, ,� Qtr �r1f�Y� Bennett Orlowski, if. "(s Chairman cc: Timothy Caufield, Peconic Land Trust o '- PLANNING BOARD MEMBERS rn Bennett Orlowski, Jr., Chairman SCOTT L. HARRIS_ O �, George Ritchie Latham, Jr. Supervisor Richard G. Ward Mark S. McDonald � Town Hall, 53095 Main Road Kenneth L. Edwards P.O. Box 1179 PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 June 9, 1992 Richard F. Lark Attorney At Law Main Road P.O. Box 973 Cutchogue, NY 11935 RE: Minor Subdivision for Plock Shellfisher Preserve SCTM#1000-79-5-20. 2 Dear Mr. Lark: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on June 8, 1992: Be it RESOLVED that the Southold Town Planning Board start the coordination process on this Type 1 action. Be it RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated May 26, 1992. Sketch plan approval is conditional upon submission of final maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. Road profiles and drainage plans are also required prior to, or in conjunction with the final submission. Five ( 5) paper prints and two ( 2) mylars of the final map, all containing a current stamp of Health Department approval must be submitted before a final public hearing will be set. The Long Environmental Form has been forwarded to the Board's environmental consultant for review. The fee for the review is $400.00. This sum must be paid in full before the Planning Board can authorize the consultant to proceed with the review. The Planning Board will consider the findings of the consultant in making a determination of whether the project will have a significant environmental impact. Page 2 Plock Shellfisher Preserve Upon receipt of the road and drainage plans, the maps will be forwarded to the Engineering Inspector and the Suffolk County Planning Commission for review. Please do not hesitate to contact this office if you have any questions regarding the above. Very �t�rThufl—y yours, �Y""wf Or�o/ws Orlowski, J 4'"S Chairman • R ICHARD F. LARK _ ATTORNEY AT LAW MAIN ROAD - P. 0. BOX 973 CUTCHOGUE, NEW YORK 11935 J �� TELEPHONE 516 734-6807 June 2, 1992 Southold Town Planning Board Town Hall 53095 Main Road Southold, New York 11971 ATT: Bennett Orlowski , Jr. , Chairman RE: Subdivision for "flock Shellfisher Preserve" SCTM #1000-079 . 00-05 . 00-020 .002 Dear Mr. Orlowski : Please find enclosed twelve (12 ) copies of a Sketch Plan I would like to submit to the Planning Board for approval with respect to a property owned by Anna K. Plock and the Plock Family Joint Venture. I have already submitted the full application form, however, I have decided to revise the sketch plan as per the enclosed survey. Please disregard previously submitted surveys . Again, I have made every effort to protect the most sensitive portions of this property as well as to preserve future options for the use of the aquaculture facility. Also, it would be helpful if I could receive formal notification from the Planning Board with respect to "lead agency" status . The designation of lead agency must be made before I can proceed with the marine repair work on the property. I hope the Planning Board will review this application at its earliest possible convenience. If you have any questions , please free to contact me at 734-6807 . Thank you very much . Very truly yours RFL/bd chard .� Enclosures Lil-Wd � D-31992 i0LD TOWNNNING 80ARD � O C� 6 TRUSTEES p�U,Mthl l�s ✓ �o� 4_4 John M.Bredemeyer,III,President �� �� M S FW Henry P. Smith,Vice President o ..4 SUPERVISOR `n x SCOTT L.HARRIS Albert J.Krupski,Jr. _- John L. Bednoski,Jr. _ Hall John B.Tuthill ��� aO 53095 Main Road Telephone(516)765-1892 BOARD OF TOWN TRUSTEES P.O.Box 1179 Fax(516)765-1823 TOWN OF SOUTHOLD Southold,New York 11971 February 20, 1992 Tim Caufield Peconic Land Trust P.O. Box 2088 30 Jagger Lane Southampton, NY 11969 - c 1992 RE: Plock Property SCTM #1000-79-5-20. 2 SOUTHOLD TOWN 1 PLANN{NG SCAB@ Dear Mr. Caufield: ~v This letter will confirm the Southold Town Board of Trustees meeting and field inspection with you this date at the site of the Plock property, Southold, NY. This communication is designed to further facilitate the pre-submission process now that the freshwater wetlands have been flagged and inspected by the Trustees consultant and the entire Board of Trustees. 1. The Board requests that all finished roads in the project area be as narrow as possible and of a pervious material. We view the cul-de-sac as wasteful of valuable mature woodland cover in close proximity to the vernal wetlands noted on site and hope the Planning Board will accept some alternative to this design. 2. The Trustees request that the road be configured such that a maximum setback is created to all the freshwater wetland vernal areas. 3 . At a minimum, the Trustees request tFads i t a "no disturbance zone" be created around each wetland of aeast 35 feet. 4. The Trustees request that once the and final build envelopes are placed on the submission ready map that they be flagged for a final field inspection. 5• Where possible seventy five foot building set backs to wetland areas are requested. 6. If all infrastructure needs of the site can be met with one continuous operation of short duration a single wetlands permit for all activities would be suggested. This might even include building envelope clearing if their size can be limited to what is actually needed. 7. Wetlands creation, although an option, should be reserved as a last resort and or as a specific project goal to help enhance fish and wildlife needs of the site. The Trustees appreciate the opportunity the work the Peconic Land Trust in the pre-submission setting and shall continue to work with you and the Plock family to keep this irreplaceable shellfish facility available as a future asset of the community. If we can be of further assistance, please do not hesitate to call. ncerely, Y Jr John M. Bredemeyer, III President, Board of Trustees JMB:jmt CC: Planning Board Bruce Anderson CAC PLANNING BOARD • 31 �CEMBER 9, 1991 Mr. Orlowski: Mr. Caulfield is here to discuss Plock property. Mr. Caulfield: Is the whole Board aware of the whole project do you think? Mr. Orlowski: I explained it to them briefly. Mr. Caulfield: I would like to just do two things primarily. One is to really formerly get the ball rolling on the subdivision and I want to thank the Planning Department and the Planning Board for all of your help and patience and you know we have gone through the whole process with the family and we are ready to proceed as quickly as we possibly can. I also wanted to, before I get into how we want to go ahead here, I just wanted to inform the Board about an independent work that the Peconic Land Trust has been involved with with the neighboring parcels. We have been having a number of discussions with two neighbors, one is George Dunn and others and the other piece is the Ray Kerresterparcel. We have been talking to them about working with them on their property in a similar way that we have been working with the Plock family to try to come up with some kind of plan that would have a conservation element, a significant reduction in density and then perhaps work together with the trust, if the trust were involved in managing the open space and preserve. As far as George Dunn is concerned and that is the immediately adjacent piece, the property did just recently come back to him. He has now received a deed and they are very interested in the very next property and they are very interested in working with the trust. He wanted to wait to see if Ray Karresteron the third parcel was as interested as they were in getting involved. We have been meeting and talking with Wickham, Wickham and Bressler and apparently they are very interested although we don' t have any final word from Ray Karrester. George Dunn expressed a strong interest in working along the same lines but wanted to wait to hear from Ray Karrester. We may be meeting with Ray as soon as this Wednesday so it looks good in terms of the trusts interest in working on a larger scale in the area. However, when we look at just the Plock property, we 're at the point right now where the Plock family really wants to go ahead with the subdivision and my most recent communication formerly with the Planning Department and I think the Board, was that we should submit a six lot subdivision which would be showing the four subdivision lots, the trust preserve and then another piece of neighboring lands. Mr. Orlowski: The whole piece. / Mr. Caulfield: Yes. At this point. . . . PLANNING BOARD • 32 �CEMBER 9, 1991 C Mr. Lark: That is neighboring lands and we have no control over that. If you want five lots, that is fine by me, one of which would be a covenant with the title will pass on final approval of the subdivision to the Peconic Land Trust. They were going to manage and run the boat basin but there are no six lots there. Mr. Orlowski: If done in Karrester. Mr. Lark: I don' t care. Mr. Orlowski: Wait a minute, if they want to do the same thing, the Board can probably handle this all separately with some type of set-off. Mr. Lark: It won' t be a sixth lot. Mr. Orlowski: But, we can do it different then a sixth lot. Mr. McDonald: If you want to call it a sixth lot you can but we could look at it simply as just setting it off? Mr. Lark: No, it will not be a sixth lot because we can' t, we don' t own the property. Mr. Orlowski: No, it will be Karrester' s property and Dunn' s property. Mr. McDonald: You would be set apart from that property if you would rather look at it in that light. Mr. Lark: That is a very important point because the Township is getting something with this applicant and they are going to give up something possibly with the other application because this is a no profit application, there is no money to be made obviously they are not in it for laughs since they had to take it back in foreclosure. Mr. McDonald: Those issues of whether there is a sixth lot or not will have no effect on your subdivision. Mr. Lark: If you want five lots as opposed to four, that is fine. Mr. Orlowski: Well, on your piece it would be that. Five lots. Mr. Lark: The fifth lot being the covenant. Mr. Caulfield: So we are saying the same thing. Mr. Orlowski: Yes. PLANNING BOARD • 33 OCEMBER 9 , 1991 C Mr. Caulfield: So that is where we are at. We would like to submit a application that shows just this property and we need to start working with the surveyor, he has been working already but we held it up when we were discussing a larger map. We want to proceed with a map that just shows this property but what we would like to do or can do is provide every opportunity either in this subdivision application, in the homeowners association that would put together for expanding it for allowing access from adjoining parcels. Mr. Orlowski: I 'm sure that whatever you do down here will tie in with what you are doing over here as far as preserved area with Mr. Dunn. That would be separate from this. Mr. Caulfield: That is the key, I think. We want to make clear that any work would be all done on a separate basis. I think there are too many people and there are too many things could go wrong. Mr. Orlowski: I think with what we are gaining here we can do it. Mr. McDonald: Yes, we' re ready to move ahead. Mr. Caulfield: O.K. . Mr. McDonald: As long as the Plocks are happy. Let' s go. Mr. Lark: What he is asking you is, do you want provisions for future expansion on the roadway? I am not getting involved with the boat basin because that is a separate issue which involved the Trustees and a lot of other people. But, do you want access that these properties can then ultimately utilize this road for keeping in mind that if any other properties or any other subdivision or any other resident' s use this that this would have to be upgraded to Town specs. Then you would have a flow through going out which we would have to, is what he is saying, work out some kind of easement arrangements that in the future with the land trust that they could grant if you would, the right to come through this portion of it. Mr. McDonald: I think that is what we would ask. That we reserve the right that we would be able to grant us this is should need it. There is really no reason to put it down because who knows what is going to happen. Mr. Lark: That is what. I was talking to Tim and the people in the Land Trust. . . but we would provide for that language wise and I think he can show feasibility wise because he did look at it and did do a study and he can hook in here. Mr. McDonald: It presents some other problems but we certainly are going to leave the option open for the future. 'PLANNING BOARD • 34 *CEMBER 9, 1991 CMr. Caulfield: What type of problems do you have? Mr. McDonald: Well, one of the problems is that it is one thing because of the enormous give backs in this, the proximity of this road to the wetlands for four potential properties right but suddenly there is this innumerable, and I 'm not going to try and make a guess about how many would go in there vehicles and persons in close proximity to the wetlands it might have an impact on whether we viewed taking all the traffic in this way or not. I 'm sure you have been up there but on paper it is not as wide, in reality you get up there and you say this is not that wide. Mr. Ward: You may have additional filling in to do. Mr. McDonald: Rather than lock ourselves in to it, I would like to be able to have the option. Mr. Caulfield: We are talking about potentially a second access, not the primary access. Mr. McDonald: Once it is open, people go where ever they please. I am not saying no, I want to make it clear, I 'm just saying that rather then get caught up in whether we are going to do this or not, leave ourselves the option and if we need it, it is there. We would ask for that against your section. Mr. Lark: Yeah, it would be on lot five. What we're calling lot five now. Mr. McDonald: Should we need you to provide access in the future it would be available. Mr. Lark: I said that would be no problem and we could put that in language in an informative form, I have no problem with that for future expansion because it is recognized and it is a very nice road it will serve very nicely for four lots and for what they are going to do down in here but, if you are going to create a major subdivision, they are going to have to bring that up to grade because you are going to be changing the drainage. Mr. McDonald: Until you see the overall plan of how the other properties are going to come in, it is hard to make a judgement. Mr. Lark: He has to make clear in his negotiations with Dunn and anybody else if they want to impact this property with more residences, they are going to have to bring that road up to town specs. Mr. McDonald: Unless their access is some other access. Mr. Lark: When you look at the layout of Dunn' s property, there is not some other way. PLANNING BOARD • 35 �CEMBER 9 , 1991 C Mr. McDonald: We feel what they are giving up is sufficient. All this is open for negotiation. Mr. Caulfield: I would like a little clarification on the road spec as it is considering one subdivision right here. If we went through, I just want a little clarification. Last time I heard from the Planning Department, I think, that there would be some road specs. Mr. McDonald: Who owns this. Mr. Lark: Dunn. Mr. McDonald: This is a ZBA matter, right? I 've been on that road. Ms. Scopaz: The only time it would be within the Planning Boards prerogative is setting off one lot from the other. Then you have control over it, if you don' t then you can' t. Mr. McDonald: The question is what happens on the section they are going build? Mr. Orlowski: The section they are going to build we will have to use the minimum spec whatever it is . There is a base in there anyhow. Mr. Lark: Where are you talking about now because I do know the property. (Everyone talking. ) Mr. McDonald: You are going to have to do something more to really get through here with a minimal of disturbance. Mr. Lark: If you get too beefy there you are going to cause trouble. Ms. Scopaz: I believe if you look on the map there are two access points here, this road is split and you can get down here and over. Mr. Lark: No, they don' t intend to cross it will just be a foot path. It will only be a foot path this way. Ms. Scopaz: I am referring to the statement he made earlier about emergency access.. Mr. McDonald: There is a big difference between the state of the road that goes this way and what is left. t Everyone talking. ,PLANNING BOARD • 36 OCEMBER 9, 1991 CMr. Caulfield: So what I am hearing, the part that is unimproved right now would certainly have to be improved. Mr. Orlowski: No, how much and how you are going to access that property or are you going to keep the development down here and tie this together? Ms. Scopaz: You are going to have to decide how to split the property off. Mr. McDonald: I know but I don' t think that is an issue with the road. Ms. Scopaz: It only becomes an issue if you want control over the road or not. If you treat it as it is then it goes to the Zoning Board. Mr. McDonald: I would look to our SEQRA Determination which could have a serious impact on the condition of the road. Mr. Orlowski: When Mr. Dunn comes in you talk with him, that will decide what we are going to do with that part of the road. Mr. McDonald: We are going to proceed with this though. Mr. Lark: Yes. That may never come in. Mr. McDonald: If and when the other people come in we will have to adjust our plans accordingly but for now we need to move ahead. Mr. Lark: Well, I think what Tim wanted to know and I think you have answered it. In this we have to language it for possible future access if requested by the Planning Board. You don't have a problem with that? Because you are semi government here anyway because of the transactions you want to do with the Town with the shellfishing and things like that so I 'm not too concerned about it. That can be done language wise and then the environmental thing will take over because you can' t make a fifty foot road in there if it is going to impact on the water. Mr. Ward: Right now, the spec for this would be sixteen foot without curbs. Mr. Lark: You are talking about in here. Yeah, that 's not a problem. If we can get by here that is just not a problem. That is all figured in and we don't have a problem with that. Everyone talking. Mr. McDonald: I don' t want to cut it off though. Mr. Orlowski: But, if we have that option, it would be nice. PLANNING BOARD . 37 OCEMBER 9, 1991 C Mr. Lark: Well, that is what you want, looking for. that is what he is Mr. McDonald: It might be useful for like with a break away to make the second access. Mr. Lark: Well not only that it could be a fire access road too. Mr. McDonald: Exactly. Mr. Lark: The Land Trust is very nervous about the whole thing because it is a pilot project for them. Mr. McDonald: It is a great project. Mr. Lark: Actually, I 'm a legal owner here unfortunately. Mr. Orlowski: That' s what I heard. That's good. Mr. Lark: I think it will work out nice especially if we can get good utilization out of that pond area. Everyone talking. Mr. McDonald: I would ask that we take the lead agency since we have the larger determination although there are wetlands here. The subdivision is the major action that is taking place. Everything the Trustees would be doing is secondary and I would ask that we take Lead Agency but that is a discussion that will take place within the process itself because if they make an application for Lead Agency then there will be discussions. Mr. Orlowski: Well, we will initiate it and coordinate it. Mr. Lark: The DEC indicated that they would leave it for local determinations as far as DEC. Mr. Caulfield: It was just a question of whether the Trustees wanted it or not. Mr. McDonald: I am sure we ' ll be the Lead Agency. Mr. Lark: That makes sense because the major thing is the subdivision. Mr. Caulfield: The only last thing I wanted to ask you and I 've asked you this before. Now that we are at this size. Technically, which application is it? The minor subdivision application? Mr. McDonald: I really think it has to be the major because of the road. That is the real problem with this. The code says with the road, you are now a major. If I 'm not mistaken is it cheaper for the major at this size than the minor? PLANNING BOARD • 38 EMBER 9 , 1991 CMs . Spiro: Maybe, it depends. Mr. Lark: It doesn' t make any difference to me, but it does to him because there is only so many dollars for the improvement and he is trying to maximize the dollars. Mr. McDonald: The major may be cheaper for him when he calculates what it costs to make the application. Ms. Scopaz: Except that they have an enormous amount of land that they are not using and the major subdivision fee is based on land acreage. Mr. McDonald: Maybe we can take a look at the application. Mr. Orlowski: Maybe we can base it on what they are going to end up with and what we are going to end up with we can deduct because that would only be fair. Mr. Lark: He wants to put maximum dollars into the land as he can, into his section of the land. This is what he is interested in because one of the big problems that he doesn't like to talk about is the bulkheading, with one northeaster is gone. He just wants to find out which way he is going so it is obviously Trustee and DEC and everyone else. Mr. Caulfield: Previously, we were going to have to hold off on doing a lot of the improvements but apparently through the goodness of the Plock family now we will be able to proceed with a lot of the improvements a lot sooner. Mr. McDonald: We want to do whatever we can to help move the project ahead so if you have particular problems whatever they may be, you should bring them to our attention. There might be something we can do to help you. Mr. Orlowski: Have you talked to the marine program people at the Suffolk County Extension and Sea Grant? Mr. Caulfield: Yes, he seems to think it would be a good compliment to what he is doing down there at Cedar Beach. Mr. Orlowski: This will fit right in. Mr. Lark: O.K. , is that about it because he is ready to file the application he just wanted some direction on it just which way to go. Thank you. Mr. Orlowski: Being there are no further questions here tonight, I ' ll make a motion to adjourn. Richard Israel: East Marion, the eight and one quarter feet that I want to try to take over. Do I have the right to move TOWN OF SOUTIOLD, NEW YORK DATE .April 21, 19 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2264 Dated April 5 , 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Appellant To Carol and John Plock, Jr. 10003 North Bayview Road Southold, NY 11971 21 1977 . the appeal at a meeting of the Zoning Board of Appeals on :April r - was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be Section ...... Subsection .................... paragraph granted ( ) be denied pursuant to Article •����••������•................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9 :35 P .M. (E.S .T. ) upon application of Carol and John Plock, Jr. , 10003 North Bayview Road, Southold, New York for a Variance in accordance with1the Zoning Ordinance, Article III, Section 100-32 for permission to construct tower exceeding maxi- mum height. Location of property: Right-of-way, north side North Bayview Road, Southold, New York, bounded on the north and east by Kerester & others; south by J. Plock; west by right-of-way. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because` - SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE ZONING BOARD OF APPEALS FORM ZB4 After investigation and inspection, the Board finds that the applicant requests permission to construct tower exceeding maximum height, right-of-way, north side North Bayview Road, Southold, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Carol and John Plock, Jr. , 10003 North Bayview Road, Southold, New York be GRANTED permission to construct tower exceeding maximum height, right-of-way, north side North Bayview Road, Southold, New York, as applied for. Vote of the Board: Ayes : - Messrs : Gillispie, Bergen, Hulse, Grigonis. ,y' c,�FFO(lry� _ Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (5161 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3611 Application Dated January 29 , 1987 T02 Patricia C. Moore , Esq . Edson & Bruer as Attorneys for MR. AND MRS . RAYMOND KERESTER Main Road Southold , NY 11971 At a Meeting of the Zoning Board of Appeals held on April 23 , 1987 , the above appeal was considered , and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ XI Request for V&riance to the Zoning Ordinance Article III , Section 100-31 , Bulk Schedule [ ] Request for Application of RAYMOND AND ELEANOR KERESTER for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of insufficient lot width of three parcels , each containing 4. 6± acres , in this pending minor subdivision . Location of Property : West Sid of, Pr Point Road north side 8�f1N25th Bayview Road , Southold NY ; County Tax Map Parcel No WHEREAS , a public hearing was held on March 5 , 1987 and April 2 , 1987 , at which time the hearing was concluded , in the Matter of the Application of RAYMOND AND ELEANOR KERESTER , Application No . 3611 ; and WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , the board made the following findings of fact : 1 . The premises in question is a described parcel of land con- taining a total area of 13. 85 acres which extends from the north side of North Bayview Road and the west side of Paradise Point Road , Southold , Town of Southold , and is more particularly desig- nated on the Suffolk County Tax Maps as District 1000 , Section 81 , Block 1 , Lot 25 . The entire premises is vacant at this time . 2 . By this application , appellants request a Variance from the Provisions of Article III , Section 1 DO-31 , Bulk Schedule of the Zoning Code , for approval of: (a ) the insufficient lot width of proposed Lot No . 1 of 150 feet ; (b) the insufficient lot width of proposed Lot No . 2 of 150 feet , and (c ) the insufficient lot width of proposed Lot No . 3 of 150 feet , and frontage along North Bayview Road of 169 . 42 feet . Lot No . 3 as proposed is a corner lot as defined by Section 100- 13-Definitions of the Zoning Code .- DATED: April 23 , 1987 . CHAIRMAN, SOUT OLD TOZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No . 3611 Matter if RAYMOND AND ELEANOR KERESTER Decision Rendered April 23 , 1987 3 . Each of the parcels as proposed will contain a minimum lot area of 4 . 5 acres ( inclusive of right-of-way and low contour .areas ) , and new construction will be regulated by Column A-80 of the Zoning Code . 4 . Records show that the subject 13 . 85-acre parcel is owned by Eleanor M. Kerester and Jamal Manassah (Deeds at Liber 9310 cp 548 dated November 22 , 1982 , and at Liber 6823 cp 40 , dated October 9 , 1970 ) . 5 . The amount of relief requested as to the lot width of each proposed parcel is 25 feet, or 14% of the requirements . 6 . It is noted for the record that : (a ) Permit #10-86- 1817 was issued January 2 , 1987 by the N . Y . S . Department of Environ- mental Conservation concerning this subdivision ; however , any Proposed development will need an additional application to and approved by the NN . Y . S . D. E. C. Bureau of Marine Habitat Protection ; (b ) an application for subdivision approval is pending with the Southold Town Planning Board , whose preliminary comments were received February 11 , 1987 ; (c ) approval was received December 16 , 1986 from the Suffolk County Department of Health Services concerning this subdivision . 7 . It should be understood that the actual "building envelopes " as shown on the survey plan amended April 2 , 1987 are not part of the approval in this variance application and therefore is not to be automatically considered acceptable building areas . One of the main concerns in these areas is full protection of the wetland and pond areas , and the Position of the right-of-way to Lots 1 and 2 should be located in an area distant- from wetland areas . In considering this appeal , the board also finds and determines : (a ) the percentage of relief requested is not substantial in relation to the requirements ; (b) the circum- stances of the property are unique ; (c ) there will not be a substantial change in the character of the neighborhood ; (d ) the relief requested is not unreasonable and there is no other method feasible for appellants to pursue other than a variance ; (e ) the safety , health , welfare , comfort , convenience and order of the Town will not be adversely affected by the grant of this variance ; (f) in view of the manner in which the difficulties arose and in considering all the above factors , the interests of justice will be served by allowing the variance , as conditionally noted below. Accordingly , on motion by Mr . Goehringer , seconded by Mr. Grigonis , it was RESOLVED , to GRANT a Variance from the Provisions of Article III , Section 100-31 , Bulk Schedule , of the Zoning Code for the insufficient lot width of proposed Parcels 1 , 2 and 3 at 150 feet , as shown by plan amended April 2 , 1987 by Roderick VanTuyl , P . C . in the Matter of RAYMOND KERESTER, Application No . 3611 , SUBJECT TO THE FOLLOWING CONDITI NS : 1 . No disturbance of any freshwater or saltwater wetlands or wetland grasses defined by Chapter 97 (13) of the Town Code , for road construction , development , or any other activities ; 2 . No lot- line changes or adjustments without formal applications to the Board of Appeals and the Planning Board . 3 . This variance is temporary for a maximum period of two years , EXCEPT where the pending division of land has been finalized by all involved agencies and the parcels have been transferred by deed or other legal document to reflect the subdivision lot lines accordingly . 4. Planning Board Subdivision and 280-a Approvals . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen was absent . ) This resolution was duly adopted . lk c s� TRUSTEES hy4� . > C!✓py John M.Bredemeyer,III,President y < SUPERVISOR Henry P. Smith,Vice President x SCOTT L. RABBIS Albert J.Krupski,Jr. O ,� 7 _ John L. Bednoski,Jr. John B. Tuthill r©� " t ' �4 Town Hall z 53095 Main Road Telephone(516)765-1892 BOARD OF TOWN TRUSTEES P.O.Box 1179 Fax(516)765-1823 TOWN OF SOUTHOLD Southold,New York 11971 August 23, 1991 Tim Cauffield P.O. Box 2088 30 Jagger Lane Southampton, NY 11969 RE: Plock Property SCTM #1000-79-5-20. 2 °':'h 2 6 !; e Dear Mr. Cauffield: On August 13, 1991 the Southold Town Trustees had the pleasure of meeting with Mr. Tim Cauffield of the Peconic Land Trust on the site of the Anna K. Plock property to discuss possible land use strategies for the site. Upon arrival, it became instantly obvious to this Board that a serious effort should be undertaken to maintain and preserve and hopefully work toward an upgrade of the shellfish facility on site. Whether for commercial, public or a mixed use, this site should not be lost to the Town and Peconic Bays. Environmental permitting requirements to create a facility such as this de novo would probably take several years to complete and might not possibly be duplicated. Additionally, the site is geographically in one of the best areas for rapid grow out of clams as evidenced by growth rates in Goose and Mill Creeks which are consistently among, the highest of all east end town shellfish programs. Owing to the very serious effort being taken by the Peconic Land Trust and the Plock family the Trustees offer the following information and help: 1 ) In-kind Services: As the Board views the current 2 lot (possibly 3 lot) proposal of the Land Trust as directly enhancing public benefit to the site, we will waive those Town Trustee fees usually associated with the wetland flagging and wetland natural resources report of our environmental consultant, Bruce Anderson. Mr. Anderson, who lives in the Bayview area, is somewhat familiar with the t site having recently compiled reports on neighboring properties for us. He should be contacted as soon as possible to determine if any of the vernal areas on site are jurisdictional freshwater wetlands protected under Town Code Chapter 97, which might affect the development plans already commencing. If the Planning Board or Health Department will require a yield map or should you need one for valuation purposes, Mr. Anderson should be asked to flag all Tidal Wetlands as well so that they can be placed on your survey. Site plan approval, yield, roads and drainage issues are under the direct purview of the Planning Board and they should be contacted on a per-submission basis as soon as possible. 2) Statutory authority of the Trustees on the site The Town Trustees regulate tidal and freshwater wetlands and the adjacent areas within 75 ' of those wetlands under Chapter 97 of the Town Code. On this site, all activities within 75 ' of and including all wetlands would be regulated (permit requiring) except the day to day operations of the shellfish facility and Possibly some repairs to existing bulkheads if they already have a town wetland permit(s) . The Trustees, as owners in trust for all Southold citizens, also own and regulate all tidal streams within the Town and on this site from mean high water to the entrance into Southold Bay. Any licensed surveys which clearly show the native high water mark of the stream (s) on this site prior to dredging, bulkheading, construction and other mechanical intervention should be submitted to this Board. Absent survey or property records detailing the man-made activities on site, the Board of Trustees may, if necessary, make a determination on public lands owned within the site using the best available information. 3 ) Permit processincr and review under the State Environmental Quality review Act (SE RA) Owing to the potential uses of the site the Southold Town Trustees will want to work closely with the Planning Board and other involved agencies. Upon submission of applications to the various parties, we may wish to consider lead agency status under SEQRA. Thought should be given as to whether all wetland permits should be sought under the subdivision planning process. Many of the bulkhead building activities proposed are essentially in-kind replacements, which, if not considered a SEQRA fault known as "segmentation" by the involved agencies, could be concluded at some future date when funding them might be more advantageous. The Trustees have never denied bulkhead rebuilds under the circumstances seen on this property. Slight modifications are usually agreed to by the parties based on engineering and practical considerations. 4 ) Concerns The Trustees are concerned that a project this generous to the environment and Town might get bogged down in red tape. To this end, we will offer our offices to expedite any plan similar to the one set forth on our preliminary meeting with Mr. Cauffield. This Board is not reluctant or bashful to approach the "mixed" use concept advanced by the Land Trust. We believe from our experience that the proposed "break thru" will increase tidal flushing in the shellfish facility and result in increased water quality from both a public health and shellfish needs stand point; in addition to improving the health of the vegetated tidal wetlands. This project and it' s components will result in a substantial net environmental gain for the .own; substantially better than other alternatives, including the no action alternative. The Trustees wish to thank the Peconic Land Trust and Mrs. Plock for their pre-submission approach to this Board and wish them good luck in this endeavor. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB: jmt cc: Planning Board Bruce Anderson r � . PECONIIIAI�•D TRUST I'.O.Box 2088,30 Jagger Lane,Southampton,N.Y.11968 (516)283-3195 Fax:(516)283-0235 �/W/cc June 17, 1991 ��2f5i ,Su 4l Valerie Scopaz Ad -cvr-v Southold Town Planning Dept. 11?5 Town Hall, 53095 Main Road ✓S — N P.O. Box 1179 Southold, New York 11971 Re: Plock property (1000-79-5-20.2) Located South of North Bayview Road Town of Southold Dear Valerie: As per our conversation on June 13th, I have done some research with regard to the "right-of-way" issue on the Plock family property in Southold. I attach for your review the following: (1) a copy of the original deed (1000-79-5-20.7) from John L. & Anna K. Plock to Raymond Kerester & Associates (1974). (2) a copy of the original deed (1000-79-5-20.7) from Raymond Kerester & Associates to Robert Herman (1988). (3) the most recent copy of the Plock Property deed (1000-79-5-20.2) which resulted from the Jakab foreclosure of the Plock property in 1990. We were very pleased to see that the right-of-way to the above referenced property was clearly described in both the original 1974 deed (1) and the recent 1990 deed (3) which returned the property back to the Plock family. The deed of property to Robert Herman (2) in 1988 does not directly mention the right of way, however, it does reference the 1974 deed from the Plocks and transfers all rights and appurtenances. Please let me know if I can provide further clarification in this regard. Thanks again for your time and assistance. Sincerely, cc: J. Halsey 191991 Ti thy Caufield A. Johnson ' 3 THU DiDENTLML w,.k thr 1ttP day of nv vcwve• ,rvu<tem nuua.cu uw --_r f te. arrvemm f 'ty�t 'i„•' , J L. PLOCK and AM K. PI.00(, broth r idiug at�Hobart load, r� ' ,� �,•f ,,,{ �. ' - Sd, York, party of the first 3- an Note` RAYhDND J. KERHSTER, residing it orio a Avenue, Broaxvills, N.Y.; TH)MAS D. SMITH, residing at 195 E. Allsndale Avenue, Allendale, too New Jersey; WILLIAM LEONZ, residing at 215 E. 64th Street, .apartment 7K, 'New York, N.Y.; WILLIAM HECHT, residing at 80 Norfolk Street, Bergenfield, Now ?errey; TIMOTHY P. REAKKS, residing at 1721 Diamond = ' Avenue, So, Pasadena, G.lifornis; CEORCE P. DUNN, residing at 51 eamobt) &taawtatslx Atkinson Read, Roclville Centre, N.Y.; J. VAYNE I ' M .r Ft2EDERIMS, residing at 25 Oriole Avenue, 3ronxville, N.Y.; ROGER BRACH. resid_ng at 115 Central Park Vest, New fork, N.Y. ; and LEON HAI.�TON,: li f residing at 340 E. 64th Street, Apartment 28D, New York, N.Y., 1 putt'a(the reseed part. :-- ` WrrNES'ETM,that the pany of the fins pert•in ton•ideratiao of TEN AND 00/100____________________ • " f r.fd ttervey of the t -Jki Sntt4 and other•good and valuable coneideretion P"4;:n= y r� by the p.ny of the eerottd pan,doet hrrcl•t tote and nine rem the pony of the e.cvtd Prt,the Twin `�: . 11�. I rtetae.ton and wairm of thr psny of Ih< r.ad pen ALL that tgyie plot, fiat cr parcel of].ad. with the:wiy 5r%, atd intpro+enwwn theteen ended, 4iWte. h3, F+ 'N Trier and Mee Jutmuac it Bey View, near the Village of Southold,. =otw o! 1 . t� Southold, County of Suffolk, State of New York, more particularly bovndett ' ai PM described an follows: c.t'MBEGINNING at a mommsent het on the northerly line of North Bay View ieed, .: which monument form the southeast corner of land now or formerly-of. Roydon Shores and the southwest*corner of the promises. ibeut to be'da- xyir scribed;. rtxming thence northerly slang- lssd now or formerly of 24ydon o- r Shores about 1140 feet to land of Paradise Aqua Farm, Inc.; thence <• ;r easterly along the aforementioned land about 800 feet; thence northerly��� still along the aforementioned land about 1200 feet to the average-hlahh-; x; water mark of Shelter Inland-Sound; thence easterly along the average high watermark of Shelter Island Sound about 150 feet to land �;y... Eleanor M. Kerweter; thence southerly- along land of Eleanor-M. Kermter., about 1339 feat to land nov-or. fotverl3 of Nolen B. Case; thence '• westerly along land now or forsarly of Mien 3. Case, about 23 thence scutherly along-said last s•-utitned land about 320 feet 'to t%- }5y, northwesterly line of North Bay View Road; thence sovr.Intesterlyloil; the northwesterly line ofNorth Bay Viw Ro,.d about 900 feet tit V`11160u- sent set an the northerly lina.of North Bay View Ruad; thencewasteriy r.,•' +g along the northerly line of North Bay View Road about 402 feet to,the p monument at the point or place of begir.edng. '9'. ,? t UCR?TING THZREFROM the following described parcels: tto rARCELLI All that certain plot, piece or rarcel of land, g1tuate" t, lying and ^sing at Southold, in the Tosco of Southold, County of £uffolk fit, and Stara of New York, bounded and destribed as follows: &� -- ,BEGINNING at a point ee the easterly line of s'SO foot ,i: t private road Korth 20- 47' Zest, 640.0 fact along said easterly li.n .t:- c' from North Bayviw Road, said point of beginning being the aorthwetsterly € corner of latJ conveyed by the party of the first part to .16ho.L.•plock, a y. Jr: and Carol A. Pluck his wife; from said p,�� �"•`+�. point'ef begitetditg- th-neealong said easterly line of ►a:d fifty foot private road lforthy 201 `� Zest 120 feet; theme• along thn s other southerly line of land & � -a R a It r jilt'• .iL.l ! 'AIY` 1 ytiS ya' '� ,tom,. 11C f}�'f �f +'i .r t.<L ha• `,^'q �.l' o r y Y�+rt��i'- .- t St ''� i t � K e,/(1« d. a(/ y.�Y�!"+�eC""�»�+�5 0 4+ .> +t ,i l� �� . 1 s. �e�iy,>•Y.. M I' ! .3' � ��>n� 1y 1�qY yty't' "�M�a-0 S t; i �'t�4 In T 4°a-�.t ♦'Qa .a ! .+ Hem } t fr. !, h �V'✓ �! ley�y(t,'�4 "1 a ` -I`d.l - -��v- L31" �+. '- �.yye' i : � '•t at ty..-1�G•t? 1'%, }�4t� ,`.,Z 'a4 � l+t l}+ I .t �tY�}7�y�a tt.n•x':YE"+.d..-r� � � :tii..S�r�tu�.'.. .. in-519..anti''•4»...tM.ei4`��3lHts?...Vf.N...-a,r.h6:1LL:�-.:'avl.�e. ryL - along land of the party cc cow 'rirst pail., .w V ..... ../ ....-. - w"r. ...Yut 170.D f , thence (2) South 36' C7' West 29.84 feet; theaceelong ,; r e said I� c by tea party of the firs�rt Wohn L. MU, Jr. and Ca c '' k, his wife, north 69' 13' t, 06-feet to the H point of beginning. Containing 44,074 aquare feet.-Together with 4� r right-of-way over said 50 foot private road leading to worth Beiyview Road. PARCEL II-- All that certain plot, pSete nr pa•.•-eel of land, situate, �•� rir . , lying and ping at Southold, in the noun of Southold, County of Suffolk., y ¢; State of New York, bounded and described as foliow: :7' r kkk�•`Lq� J, BEGINNING at a point on the ee,r_erly line of a 50 foot private road, < North 20' 47' East, a disc , 400,C feet along said easterly line from the northerly line o. ortn Bcyvirv.Road; from said point of ba 4 ,fir ginning-Running along salt ea..tr rlv lira of said 50 foot private read, . ? ,'. North 20' 47' East, a distance of 240.0 feet; theme along-otbnland formerly of John L. Ploc Sr. ^nd Anne R. Flock, his vife.� Soeth 6Se 13' East, a distance of . 0.Uo fee.; ttonce slang land of Jon L 'Ploeka • w - 'Sr. and Anna E. Flock h' s wife two S • " " - - .� eturaesr (1) oath 64 26 50 ',• West . a distance of 331.77 feet; thence,(1) North 691 13' West, a'diia". „3•.;. tance of 60.0 feet to the point-of begs nafU. .Containing 41,$88 sgears- Y ' feet. Together with a right-of-way ow said 50 foot private road s from the northwester) corner of- the y pt..aieer ■outlaarly�ebooe 6CD faat�' . 1 to .North Bayview_Rood -`. SUBJECT:TO AND RESERV:NC in favor of lends of Paradise Aqua Farms'-Pra, 'I And in favor of lauds of John L. Plod, Jr, and Carol 'A,.Plock, bias "...: x* `, .. wife, an absolute and unobstructed right'and essomeat to use- for all _." purposes ■ private road now existing at a portion of the above 4eacrib6d premises, said road being 50 feet in wHth and running nortnerly from yx + the northerly line of North Bayview Raid to the lends of Paradise Aqua Farms, Inc. <ar SUBJECT, ALSO, to any rights-of-ray or easements of record, including the easeownt granted to Long Island Lii:hting Company to construct end ray `Y maintain the latter's electric poles and lines along the westerly side ..,:, , of said private road. The undivided interests of the parties of the second part are 1/Bch ,.�� each, with the exception of Roger Bract, and Leon Nariton whose undivided m' inte_esG are 1116th each, i , i`- a1 J1.: a h � 1 F � I k 171 1Y Y r �+ a "`i 4I.i'}....a -0 '$t(• � .t.� vt'�y�., �. ` , • Y I q u f .'.'�'j, }) i k�t..e<a�L.o-'•' <`,Y?�1� .. �. +.Lr y .tr' h 7 �K' •rx"p<'.�"< y�ry` vAJ.hy F'' -+.','!; Y+M_.�___.•1 r.. :L'fi weir,. N.'s?"?5,6 " �''Y� �` r .,ly,,, i>< r..ta said pftr4m� .r. yt r TO HAVW.T11jr thepeaniM herein granted or.. the Pat I the Pam the heirs ar snmms WMAgaMPRIPF Partywx of the td part lorner. • " 1 , r a K s .y .E r*. - - . . ,. ',zvW Svt':t y Sa4t�yd• bg"11;', `•r14, t�t AND the Fart of the firm pan c.nerunt, that the party of d e An,pan has not done or wf[eeed whereby the said penman M.e been itteamtbercd in any way •huever, except as aforesaid, T { t AND e>,parry,of the fun part, in t.mpliance tech Sectiim I t of the Lies IJV,evavenanp that IM Pasty of b '. tthenT Arrt pa w receivthe mn esiderstion far this conxyann u.d will hold the rilfit to eecee st eir1a toad- " 4��,Acb;,. e+ation as a trtbt mad o be applied Ant (oe the purpose of pay nR the nut of the intpteverretn and will tr �t t the tsern Arm an the paymem of the Coal of the unproven nt More using arty pan of the bo41 of Ile a `fit ij�. any,.they purpose- * The.Cad'lwr!v'sh.1 M �H rued a- it it lead'•partit " wF mtvn the sense�f this indenture o requires, Ttt . M R17M3!717HEAEOF,the parry of the Ant put has duly taecatwf this deed the day and year Ent ahn.a In or; 4�t t n r ; John L. Flock Artoa R, Plock REA! ESTAEF ..`t' STATE OF a- TRANUER TAX`^'""{}`.NEW YORK Ir wIM rn+ . . N tit; - _ tun• a qua-nf a 3 3 0. 0 0 s - .c�:tA«" {.. r r igu .��"'s wS.��S-"L!r'„�'ee ,� i r -. s , g� -erq. ♦ �"t'�tc ,N •�`�}�"rA sayYrs}+ut.. R n,•C tle+3'(¢ ��sK✓.pat 'v t� �„ a Lf P w L yi yF i',s'lG F c. .{ r r se++aa. .�y -•ivy" >� a •T �{ fi t ,�'� d ♦ ��r r y.�y�,.y ?fv"r d�+v.: .Ll+�a'atic`:. y_,.... .�._.•w/V rb.a._'� �Cii41Ef�: -Li7K h`Yw+�nL9i1S.��I#f���l��-1A,c , t.,;4�. + , �� .g �' 1. fleaYa! O�S :aBuws..e:a:'Y�,. �.a;•� r—_ _ ;,_, it iG.t l /7«7 lYd1 sat Suf folk ` f YT A �•r;.S, STAIRS OF es foes tw mfATe OP age rl •a ��` :. d�v�+• ` n ' oa a. J� p 6 i of November t9 74,►e(.. me A the A"of - ri . teefwe row 1 k �gi�pr:l + . � r---Dv ease MM L. FLOCK and penology art m . 4 ARM K. PUCK as re b. to he 6te iaS i&W adest, ed in reed .ho a oe k ove to be ter 6&rW" &Wiled w m d who - e 'i•: .�+ l egoled ebe f, aroiK .mCsentl mtd admo+t'ntred that d r i usd dme.bdged dmt theyrhe met. aa =-w OWL dT�t"Rtn r � 1sorA: 74 c�lrm r� .sea to u�w .. - ''• ZrATR O!WW T04M COM"Of tY 1TATl w NOW reel COMMIT a as C+m the dry e1 19 Moat air On the day of 19 .Wait,toe v"r. P."..Ry arm nrwnelly one wli° kTa.n,rlo.hn�OT ore 4*worn,d4 depose a aT ne k.awM.ho,hnrq by me duly slant,did depee mA . .. uy th+t he rcnMe mt W. ,.ay that he m:d.at Na , Px + that be it tir •hat he 4 t1. of the do ribed .the dambed ., 6 and which esacis" the foregoing in�OW tv in xM .hich execu d the foregoing aettatlae Ott-,yW he e y n klvas the seal of tad cerpeuTna; that the seal affixed know, the sal of raid corporation; eat the set Riard , ta will intrt wneot it such meporate sell, that it sras to eo ail: ietrerecot 1% setch am pa we ream; ewe i wait to e G S affiarh by order of the hoard of d'vectora of aid orpea- affixed by at'.v of the bmed of di_m of quid mrper Hon, and tie he aigOed h twee thereto:.y like rdw, giro. and tlal he signed h nee decerts by La order. A y it d F , �• r Ile*' ' Tpb pupm we ask lbtt► 9••iT)1 CC"ANTA AIWT GIAMfnl I,1111 TM a Nor 9t9i `g s •R)! MC1C 0Q L. A and ANNA K. PLOGK, COUNtT a. TOWN T°. his rife .a W• `)1 TO / 5 , E,11YMOlID J. KERES26t, at al. � Tl,ryer A•.aa,wi a t*.T:w Ow.ewtbnaaan zt'e �t,.. aaTvalt By YAM t'o p\1•ef t,' a . - CRUSER 6 F1IId.S, ESQS. + e :." imrar e.wrw...arrwmm�w �� 206 Roanoke Avenue :Rp 'e. - oa.e,r ss Riverhatd, New York ITME YP R. &JAPAMME- MMYORK Att: Edgar Hills, EYq. tj t Mp Y. 11901 T f t aAF �I�Y y� v e z7 & ,f.• 4i.. a Y Y47 y � L 1�C�f,J1 fl$ y.�ev oZo ir, ?4�4- ,� :'.. p�al�✓ � �r•��.�.;;" Y-j ,.1• �..SR. l , T b hd'. e r • Ott ,1 ,. «� , t {+tx'.. 4•+a �..rl''aal'' -:, a •� t ..r t;• .t ♦•,,, ..tt h$ t , � �'' e,.yi t1t . "i Wefai (,LVHI.L V. UUNN. re rang at ar nnuu vc•r nc., n�run vnre i.eni t it u RAYMOND J. KERESTLR residing at .1 Oriole Ave•. Brunxvilla, NY 1 708, SVr 9y 'r Mn F'4 THOMAS D. TH,�ding at 195 E. Allet. tale Ave., All le, )u01 fv'sy '.Y�1 �•' WILLIAM HE re gal 2099 Winterborne E. Unit 302 nt k, FL 3d073; W a r TIMOTHY P.0AMES, residing at 5156 Rosecrans Ave.. Hire, CA 90/50; j - ! J. WAYNE FREDERICKS, residing at 25 Oriole Ave., Bronxvhlle, NY 10708; •'ir ROGER BRACH, residing at 146 Central Park W., New York,NY 10023; and t. T ' M DISTRIC7ij LEON HARITON, res,ding at 16t E. 38th Sl. , Apt. 73A, New York, NY 10016; SECTION Party a/uu first p+rt.aed i- J 4 079.00 I ROBERT HERMAN. resid ng at t BLOCK 40 Edgewood Raad, Valley Stream, NY 11596, 05.00 .. LOT VAf I r.,,.. ..j•` '.�f q ^� 32GZ9 a� F fty of the .isond part, —_+— .' t _� � y •._". n.� I NRT4M5TtL that the Nny of tN fin' ryri,in mnadaaion of Ten and 00'IVO ($10.00) dollars, 3 � k .,' nxxcy of the Unified Stater. {`vd t! 0. J - e 1 by the>ny of tM setvnd ryrt,dr.1 rrehy [`an; and r.lnv unto:Ir perry of the m'td pan, Ili, hnn or _ and usisn. ] the rynr ..I the .«•-na ryn 6,rrrrr, _ Y AlL that o•rtain pid,pica ur panel of Lnd, with ihr IviLhnp aid improvernenu thereon erMrd, ututq f�i i s t^nt a'd beiK i-*exat Southold, in the Town of Southold, :ounty of Suffolk and Statt 's of New York, being more )articularly bunded and described as fellowi: a BEGINNING at a monument set in the Northerly line of North bay View Road, :. i� whirh monument forma the Sou'heast corner a' land of Beacu Estate and the Southwest < rorrvwr of premises about to uo described herein, said point also beine distant 597.83 q `.. 11feet Easterly from the corner formed by the intersection of the Easterly side of Reydon Drive with the Northerly side of North Bay View Road; r RUNNING THENCE along land of Beach Eat.rte and land of Reydon Shores Sub- f r +. division North 20 degrees 47 minutes 00 seconds East 1117.atl feet to lands of Paradise j qua Farms, Inc.: ' 4 J s �I THENCE along lands of Paradise Aqua Farms, Inc., the following two courses 1^r and distances: III South 70 degrees 411 minutes 10 .econds East 800.30 feet; ;„ II (2) North 20 degrees 47 minutes 00 seconds East 1200.00 feet to the meen high y water mark of Shell r Is 1-70 Sound as of 3/t1189; �1� ky ' ae THENCE alb A4r;}�t!1[�Fti[Y K8tS6ur4!r'8u':. :e degrees 20 minutes 00 seconds VLi t East 158.19 fret to land of Kerester; •1 i THENCE along land of Kerester the following two courses and distances- (1) South 16 degrees Otl minutes 40 seconds West, 45tl.30 lee•, morel `z j to a monument; oress, (2) South 16 degrees 50 minutes 40 seconds We-.( 885.54 feet to land y formerly of Case; now x r THENCE along said land now or formerly of Case the following three courses and distances: It1) North 70 degrees 20 minutes 00 seconds We,t, 20.55 feet; (2) South 23 degrees 10 minutes 20 seconds West, 222.83 feet, ;r 131 South 19 dcgre•. 51 minutes 50 seconnts West, 112.35 feet to the Nort Mrly + side of North Ba"iaw Road; N rih ab THENCr along h Northerly side of Ylayview Road South 64 degrees 26 minutes "ii Gf1�• i 50 seconds • eat, sdb 09 fret; THENCE North 15 degrees 33 minutes 10 seconds West, 242.74 feet; _ n THENCE North 64 degrees 26 minutes 50 seconds East, 331.77 feet; +'S T �r az-- �'Sut�fair r" w i:� .5,+'�t+-Yv'• F VS<, -' e � x'. r. Z w �y, ,Tz � M1.. iF�"r3 r ✓n rA, s'1 iw. a ` fta'� r +k "?'i�t f e' 4 e 'y n *s`,••L S i t..11s dt. ryy.,,3� " '1• 'wt. 7i / r 'Cs/�.L3 �f' �,�•�`J3,Yj�++rr.:e��"f � 'Ji. �-7 +y> AV��i` 1 ri�'tr�,��' ���; r�ay�•fr..'JY++..1f"ryK�G33Cx �` 1 `r e'.-' i kf ♦� fa/r ru r � z ' ! ° j.a rl 'S-. n.a, ti rry%� ✓ 1!I P�al'i. �Y'"/ .y.' r 1 r+i �r f' v `r y 4 .., '..M�ti.. .... .-�F1ct.i!C.. .:'.°�rc ..,;.M.z i..t .w..c�!•..J'''J^/JY�ti.. . Mai^'e'tiXsr ± 'i' w �.S,r i �..�1 Y�'3t44 THC No 6 degrees 07 minutes 00 second. E 9.8 994 J,'a7D I THEN North '3 dcyr3•rs 47 minull•x 00 seconds Ea7C.On eel; S 71 THE VCE Nort'i 85 drnrees iS minutes 00 seconds West, 260.70 tech; + THENCE South 20 deq,"s 47 minutes Of seconds East, 760.00 feel to the ,fit I' Northerly side of North Bayview Road; e s7 , THENCE along the Northerly side of North Bavview Road South 74 degrees 42 minute% 10 seconds West, 387.78 feet !o the point or place o1 BEGINNING. t Bung the same prrl•nses as tlioce conveyed to the parties of the first part herein .1 ( by deed from JOI+ 4 L. PLO K E. ANNA K. P-OCK dated November 12, 1974. •'ecorded • January 7, 1975 in Libet 7 of conveyances at pano 147 (covers premises and more; . and by deed from WIILLIAM LEONE, dated May 3, 1976, recorded November 26, 1976 3.. in Liber 3148 of conveyances at page 329 (covers p•emeses and more). "he party of the second y f+• ' p:a y part has, slmultaneousl herewith. executed a pu^chass money mortgage in the sum of J784,n00.00 intended to tr_ recorded "1f+ simultaneously herewith. I, .SNP ^ A I k I: ~e71rn r° �` 4 �Y•f? ICI 1'� H� ♦ � ff Gyp 3• + 1 ,'v, lF , .b � t Oft {t^2 1� .3 f r 4 7•e^'l 'f ,t { { 4." i�'s�.l-`.�'-`,:4e?'~•,tc3Y� ����' .,p�' ; 1 •�:tk�.si t � - 11 � d'�,N��# .r'�,�"'�t7' ^.-'�._ �I � ' � - I TOC.ETFM with ar. .cm.htk and -MnM. 11 am. d Inr irnr of tM nrn hits w.•.. ,. _. ..: .. _._ tl 4 +- +Ta roae6 abutrtrtg Ja•ve �tr+1 i•rrnura to the crnrer I rx. 14....1 t n"1 fyT Y"i TOGL7•HI7� the crur<rs atd ad :he mate atd rgvs .1 IM �d * part m r-1 to - r _rid peanisn.TO HAVE MID TO HOLD the ptemisa herein granted unto the party of thr uc.d pan, Itw hnn nr1 a - 1 N �� atmasws and assign,aA the party of the sttord part fm r. 4. 07 W r, a•. .` II � 3� is gar p•.,. � s t, r. 1 •� v3 Ga -Ti d tJ! ' Oj•- atY W ,xr I � a � wt tX. AND Ili, I.,, ••1 Ihr firs mrt ro.rnann tln• I•x I n .d IM 1.•I pan lua not dorx or au R•rrd mythirlg a ti ti wb,rhv ttw ..uI p, Iu 1.•n m un•Ix-r1 a `.rr.rr .crept at,'•,••sod rtY tit yv-, + L, 1 AND rhr party of the Ir t lur.. n vmp .nc �. . Sml r. I •f:}c Len Li maeean:a [hat thr party of 91.•}f11• 4-FH r the first part w-li mri a the t '.kravor rot th nc.r;arse uvl ..II Mid the ngM to rece'.ve rocs cwod- F}5 � rr. mn as a neat fun I t 11 I hnt hr .M pc•I+v.f lu..r,thr o,,t rJ .he -p,,mt oA will app4 thr .anx fnq Io t}r...j nir, •.f Ihr•n.l of tM impr•.rmrni Lrorr u.rr rn vn o1 Ib oral of it, mne 1m ;any ,ay}ya�yF .ny oihrr wrynse .. s '` iTr wry 1"jury' 1,rvrd .� a if is r,d jug•ra .I.<r.cr thr ;era tr fh. rants sn regonrs ems-*� lyi n OI WrWESg WiIEREOF t •+•ty_. 1 t}.e first tort tua?uly r.,,0,d to. 1-1 tlr dsy an i ve't,first r r Fjj�*�r•,„ '' 9 ;r In nasanra or: Gmr F. ttinn ^Fr 'T, ` t a• �: •�•a., ..�..A �t t<,:,t; t I �... .a tt.�,_..... `'lam _, t..'i- <� IIt Raymond C. e e rate by G•4 qe P:Dunn,Atto nev in Fact �Y� a �m tthn rby �wrge P. Atlor ne) m fact 11 ,`...•s.w • l t Wit,. . -- WilTiam� IF( 1'f�y�rge�a�ti nn—. A AttorneyinT act Y Y.� Ye p D -motto rneyln tact YI"'/� I�o<�}�F�feames-'-6l trirw'ec i � �-Wavn . rl e3e chat, b) GMrgt �r Dunn Atto my-in Fact Y{^ { JJ _ i . _ ran �r Bch, f av Mar (' Du In r\It ern In Fact (L t .AL r' a'•k%: s $. Lery Ilanron, ta} G•rr pe P.Dun Atr,nrya rn Fa t yIIj�' 9{ Al Th",.t� 1,1t ,C av a �Frr .s•4}' M; .. .� ;# r t s�'YY'"' L.''4'�aA ea � 1 t 1 •'w_. `tl r,1 t� k -* ^.« 4x���,�.��A�• `2'1 }c t p y4, • r v�Y+''¢Ff,'y`It h7��y„��y�a.}}y�y rJ��'�� ,+ t �,�y,yd�aa p+4L a ♦�.d9 � t�/.�be�� , 37n<i, �J4 ``' ± r rt - - 1r• f� . .e7r'.��. �s.��i�, F•f•w�.''TGvZr,. .� ).li -C,"".^n�Arcltn!t•+,rJiv!:x$�s" v .a••9 a� I. Z ;+ a ti47 f:,W nan W was Tom ceawn NAW aul STATE OF NEW YORK COU�OF NASSAU: ,<� Ut the 171h dq d A , hrlote vw On the f eaY of Iore < ya' I ersonally came GEO� P. DUNN, ;. me p I;✓lysg. GEORGE P. DIJNN 1 known to by the individual described in and d "; �_� who executed the foreyoi-g instrument, and - 'A to r.1 known to 6r the u,dir,dual """""( er and to me known to be the attorney in fact of the l - eahe Ih edfto Lbe ne r r�•�rry..a4d .cYrv.b�ed yu} following ind,viJuals descntxd in and son, he exaeuud We rmn. Y /� �y 1 9 °. t �}. 1s by said attorn;v in tact, each resp..ctivety eg executed said instrument and duly acknuwladged + that he executed the same as his act end deed ; 3 s IUnaM M o Maut� b .-i rt ue of a y aaa • taawn w�c swrwr,..rsr Y power o! attorney dated, as r K ale no.n rat ou.wewr„ar,ro indicated, and to be recur Ia t cw-..wM.s,c.w,sy ai�>m tled ,.m Wtaneouz ly y hsr,wilh in the nfficetf the duffulk County sl, t t Clerk: y�9:1f RAYMOND J. KERESTER on Feb. 23, 1909; THOMAS D. SMITH ) tiLL,AA, HECHT on Feb. 73, 1989; vats OP MM)OtR CrxlMn W w. On Jan, 24, 1989; ` d, TIMOTHY P. EDEREARIC - on Feb. ,?. 1989, 0,i lots da of J. WAYHE FR EDERIC KS on F 19 Ic.'urr mr Feb. d5, 1969, ,34 (..wnaly ome ROGER BRACH on F-b. e-m tm.wn wb, 1wnr, bs me ddr sworn,did 'rp+v ud LEON HARITON R t F ..t rut otr rcmrs a 40. i �Y+� Ii !x ,a the Mar - ` `- ' .to-r,rrnrathr dr,enhrd I Y Ub it. , s f in n'. which rxefvref the (drrnR In.lrun,n 1. total he ar,Itrrl0 O'Mata[T a 5 kn w. Ihs vat of rvA utti.n n,nn, tl..: IM a-ai aRieM I aa,Mr�e,exe.a.+rsMw t'va y' . F•, In ,ai mUrun,rnt it ..,rh r•,r1.vae wa!' rota it ,Ra t0 lae ptp.altlaX QwlaMa In arMa ee *: 1 ras+MMa saps•an►at.'M } I' a Hisr.l by onlrr of thr hmrd of di-canon of nie !,:port.I 5 1 iron, uA -hat he "Ved h aame d<rno by Like order.I ' 1 I�lt w, a. 'acant Land, N.Bayview Rd., Southold, NY ' `t r District 1000 r x ' t licySl iarrm. ant Sale 8rra AI t.r. oN n,.ai..,..aaY„a,a♦,n 079.00 Tons No131 S-3461 First American Title Ins. °1cxr x 05.00 George P. Dunn, Raymond J. Kerester, 1O1 20.4 ' Thomas D. Smith, William Hecht, cnet.'r 111'1 Southold, Suffolk County n. Timothy P. REames, J. Wayne Fredericks, Icy a ' ' Roger Brach and MJ 10 Leon Naritnn Robert Herman x, .. x•n,an r Ibl a.,...an Lw arroaM By slsn )o r� 4. t, Y Golden, Upton (. W'exlcr,P-r 1 ��r 61' ` �Icd I wr rrnn TlL b!uun i , !'nropnrnl ATTENTION: Christopher ':olden, ES 4F a�. . 300 Merrick Road v Fr �l kt rib _ I Lynbrook, NY 11563 n. t Ax"`d sip c�a I m aa, Y :✓ e n 1 a 'eCf 'r�,, -s II y 7 31 nY E •M o e ; aryc , s is sl, kt ate., + A ,ea lK�� a.. � 6y•' 0,l Ar°IOAVI nrm CTN{qrr PIC i:;I N'i IFt[R r , 7 r ' innrvl`^o-t o! n t" "I a T,s 6¢rvfat Aarnc,p'r•.rnt rh's zl!IAav¢ kn the i• •.41 :,� p.u,-a nl r,..rr, -�•a.. : .,,Ip ,n•.,•� L•s !w l�rnrr nrf0 l amd.n!he a,ties :.� ..'ATr i r '.r rCcKpay ?�v + i • n •q L, t . .....Prra .....l I, I r ., f ��• t� � l I � F- i I 1 - I I > I•.- I _ Wt-�z f :',.r i•• r L� r• (,\ h n {�- Ilfh� �:i � � �-, f I- r - li ,I _ r - - F7 i �� u I n f r � `c�. t ..- > � i. � F• if r rt r h - - - � i• f II_ L i I`_ I � i L. ` I _ �� I o - , If M1 ` tf(Iilffil Sr.UI r .Irrfoha Ti rnpiIll KS.1'hn•vn. Sry 1'.rt kHr/rrrr 1. ti4r �110 \\\\ A. I A £ In `1 c 945 I{ b v t ftn,J \ [h 1 \r fork to to a Ix [rI f [h Iota. I hIII I a In.'A. r fding ac rf ( yi n x 1 , .rt lr I I \ Y , t 15 0' 1 [ r t t,\c y Y1; Af a[ -1 \• t. I' Ir A 1 'nt 11 \ v 5 rk - t II IL ' 1 tr .t Cli tlhtl AllpA'f`,fv fI N. nI x .ui, \r ,tl nl, Ill- 1rk, . Inh•rt• [7 W'll .nlu I . A r tdl , 4 ['r k ❑r I ti n ri I. b ,•rk..v Y a �u � I r t K1 I R V lul II r, •' 4r a 10,4715 \Hul. ,\\\P IIII'A 'nr=t •r nrd^r tlo Will of WHN I..at (n xl \,a[h haYvlry R d, S.nrthc id, La Pork: t s o n Gnnrrr �S.tom 1 t L`t eren;, I'K' � �IIIlIf55[III, r,� r ( ,r. N,r kwnr•r .ly,n nrr rn ,n . rr,rr hr. . A\\\ A I 11! \\]d \! IIUCK F:t"1.tr lz r,( thr F.r Drte a( ,itJIIS L. I'.lrt r;, rf' PI t k Pf P.r•.A h \\SI. 19D1 A, 11.1 AM J, .S I I.00K, KATIII.Rl.%. MARIA] PLUCK. and RCARC`LOL SI t[[AS\1 Pl,",K. ,ru.•rr ,n,dvr thr WI I n( 10i6' -may L. PIUCK. .IR.' 111 i D(nt ~ � 1000 i 079_f'0 . OS.O( If s i Hlk, pbinrigEll_t t ;` t DM 24 1995 Y'/� PP �, t rlrlrnrla nr7( - ,. rnn - . 1✓I [' r t „r rh. It..rm rhr I Clerk 11705 0l r nr r4 agr.. ji. •. - 1 ,r 1. I.A. p q ! '•t.rt. r•t \•v Ir rk r rt r IIW I r .r M'rznn.A)rrS,r17tiu Preme Cnurt of the n! IL ° Ih nJ dnv If lul Y, I'190 and r n[rrrA 1� [he Ihr r'I r4 ..I ant. i._ .. p .4t 1,�_ JJd7i7i7 r Irrl,red nlnr[v F �� In.\ IINr 111 l:ORFII TII(11'SASO and 00/100--- t. 11 _ ________ ___-r., Y _ _ __`r o-trl.ICf1.000;no ---- ______ /Inif ....lhv h. Lrnr rrr t G .,/r,. I. 1. h,l rl. rd• rrl ml� Iv •hv [r+rrr .r n.l rnn rr urrn rh. 1 F�\t y � I • c9 r '♦ li r L 1 t the hu l l Jtnv.•.in,l lmprovexn[n �r 1. nl 4tg at Y V1r I ,<S �,. ~11 .1 `,•. I'avn of Snue h, IJ, 1:•, n( !i ti F_. •t.'t,. Y. i I. ,d,.l � 1 Jr vi� lt,rJ V.,. I, Ilov.. unry r A ta'he,t SahrJnlr d) {{([ T k f i ti (1 ' t C 1 II Sr F._ t I {r{ Y I� I+ - 4 :. M `l I 1 1 d ) E k 3 i F l4- i 1 1� �- 1 Y` Yt f I �3 ' 1 L r 1 ty PI,i III III, At a poi lit On the dl vl Sl oil IIne be twee'I thn [And t fr4•In. I I.rf nStrr And Otl1CI'S and the O1cI rr1Y Ilan n l'a 1 1d11y ulbdlciclnn Ac tOclnl un �l CnrtAlo map enLlllyd "Ilgr of I:ny,p,ll I In, " fllnl In tho Offlr.e of tbo L1erk Of SuffJIF rt1r11y i ell^ ❑ 6f1, vl.lch 1,i,,L I: thn Following courses and JI aIA '•:nc from ,]! Inn 1. n 1. of Inr rr,..r,I ion nF Inn nor Lher I Ilne or North 111 y+l ow Read w 111, 11• o.1 t^r I line If 'I!^,'dnI Of lvn', A rOA-I Shown nn lln AFnr n•,.tid 1 .1 ,rtl1Y d,11':1;I,•11 not I I Itap of Firydnn St or•^S. Inc."' I. nl,' 24 02' F. 597.RP feat along U10 n„r lllnl 1y . a L.tilt Ivry E Ilno or North bayvlew Road, II. II" 37' Aq' E. IIILRA feet almlo Ihn wnclrrly i Ili^ u( la"II now or f01'morly of NAymmfd i.rr nS:rr S, An,l ntbn;'S; (. . I nnnl'ill Lhrvlcr (rnn thr said point of blglnning If. U" 33' Aq" F. al,, Ihn nt cl r, ly Ilan of lhn afornsald really Subdivision entllin,l IT I, f 1, 11•n 'I, ,n;, In,.. 11A.nn font. to A point i Life southerly lion of a {i d,.Igvpd Point A: j. L. n, raSi rr ly and north^rly Along A boat basin to A point In E- + lalao-I tilmmol. Iln rnnrcoS and di Stancn4 frOm thn last rnr,ILlnnod 1 ti,, I I.,I fn Ilan p„Inl In "I tnr I;Innd SOun!1 bnlog AS f011nwS: AII1uq A " - I ill rt 1, 1 tlr Ili^ nl ,j III, atom, of lhn boat btSln And A111111 Alnnq p r, I f I- 11 ono ' rl, f Jlnwl Ill Stanrr S: k { 1. if. ni" a0' A F. Il.nl fret. l 1 i l 1" f. 17.7(1 fort, I, it 1 2" I, I,lll f rot, I .v 4. it 1 11 fill ;if, I . 111.II frill, _ n rN., W. I' font. .� 1n" r, n0.( I font, 4:1- '„' Fit" W. :2.,': font.. 11, 11, .:' 15' 11' N. II_' 1 font, font, ( . , 11, I1. ',n' n(, ,'A, r, 41.31 frol, .. I'r" 1'I' 20' t. 30.'G feet, _ ,' "• I' I I" Il')' 00" F. 34.01 fret, t I'll- 51" ll. 71.113 fool, E A 35" N. 17.75 fro t. F feet; flrri o rt ' r ly. illhrrly And Agaln ea SlerlY Ainn,l Ito, ant ' end to I I.,, I now or foil"^r I of Raymond Knrn Sl rr An,I of hr, ; ati lji. . 11. r„o:nS .1,1, dI;11,.rS from Ihn I A S I, mr ill 10nnd 001 nt In Ihr Inlnt In „ n' tl,n w,•Sl nr lv Ilro of Ihn Inn'1 now Or fOrmrrly Of RaymnnJ rr o;irr and Ir - yg r,!I.rrs a 1In Ilan al ,,,f a hu U.hnad And life Slmre Of Shellor, iclana _:,� Ill. fnlim+l n'f tour;"• And dI Sl Artrr;; / 1. 11,11 (A. 30" E. 33.90 feet, 's f � I + f - 11 ;'I' 46" 11. IY1.n1 Ire:, 1 .. ] 'i�: ;, rr ,,•, I . 1'.r� feel, .� e - - 16" 1 . Al .L1 rr^1. �y lT '• ;. I ; ' 4;' In" 1. II.;') fr.,,l� 21.31 fret. _ 1 In•. I.III r,q" 1 . 19.51 fret. J� Il, 11. 1'." '1' Ilj" I. ;1 U fret, i �i 'I [ Ill Sr' I:11 f . 111.41 11'rl, r lu, S. ;' I' "I' if. 1 . M.'.1 fret, 4lsm0 feet; r I61 I'LI- situ 11101 ly aId wes t III I al ring the land flow ur fenI II ly 1 . a I I I1 %11` v. l nl lore the fill turd lul LUUI SCS and ill Sl At, rs: f :. n" 11' Ay" N. 17nLr'S feet F� 21 H. MO.311 feel to We pond o1 place ` IUI;111111! wl lh all IIght, I l le and Ini el es 1, If any, Ill ,vrl F 1 l I.1 rnl undrl' water of LLr boat basin desert Led as fuGuws: 5 11!1111, At 111" pnl ill het rl nhrfulP des l Ullalyd IuIill A an.I _ meet n9 thane lion lbry I and Ca S l rl I flu muyll the InIL L:SI'I -i 11�.. 1,.1 l�vlfly trim ors .nnl dl Slmc es: 13' 119" 1. 447.13 fret, - r'•w` 2. S. /1" ill, "Ill I. I1.12 feet; r I I I.I m.e "'llhnl ly led wrtler ly a1mv; a bullhead, lire Shull Ilnr or 16 I ,lit basin "Ulf mlaln Jlriny a bulllreJd to '' a point or plane of L '" 1,,.11 I'd 1 1. - IoId IIII It wl lh a Ilght (or way 5o feel wl do eatendl fill riot lh-n'ly 11lyvlIw III),"! II the above det(l ILed parcel of laud d,SLI ILrd as r at a I l olnl nit the roof flier Iy II le of Ito 11111n}rl rw Iluad. 1.1 all 11 I Ini Is III• fill 11III uq curie Ses and Ill Stances If of" I eaStrl I Ilnc III "Pet,oil 1), ; MW 74' U7" I. !r I1.117 felt, t"L . .nod S. lib" 'If, II" E, 1./,III frrl I unnl fry thelIfC (r1u1 S!Ill 11u1rit of b:•n l fin l fly 11. I3" 33' 49" I . [ Ito onuh If.,, laud now or folnmrly of P•ynlund Cel es Ler and utlrivs I094.58 ferl It{ In If Point In Ilse first dbuvl` dr`1, Ilied It,Lpl of Iand; 111' ill' 2I" t, aluuy s.Ild first abuve destolbeil pen,•1 f nl lard 1,1).W feel;1. 117Lwn.r If'I VUill lfl tAR'iO l fAtUP formerly of Ila}mmel � ' Ire r.in au,l others aria nlurig (lie wrSICrly Ilife of laud from or fonm'rly of r a 1 I I IL, .h Jml Luill A. I'I ut l'., aUd al uny file land new it, ftjFI1 I11 . 11 Ir L. Hoyle. III ,111.1 fall Itla L. fluyle to a point In file rim lnrl ly s Ilu` of I'n ill llayv few It In I; I hrure Il. IIG^ ',b' II" W. al un9 1.Ile tour tlrr I IItic of Ilnl lh } -. Ituad Sri-21 fr"I for lire point ill' place of beylunlrry. lip , 5 , I i l i " �r ; �a B�bt .:I;D tc � r r.,r. r ,r,�<..' . r.r.. .�...• r �. 'an+FGi-. I 4 , �r G7 Y In 7.r49«nns ::^httr»[. :!v G-,-.,: k,s hrrrur.n ,n hrs hand anj•ra 1,rhr Aar. R�rr,ao•r .rrrtrn j i . P.drrn .y"• ]n >Qrrurrcr e(: I I 1 { STA Th: JF •;r G YrtPY I 11 COUNTY OF ),I FPnI A On rhr I`•th dry / ❑•w a•r ninn.rn hund:nl,nA nln![v t rr n+r r• tiL\�1!.1' a Rr/.r.. • m mr kno.•, and kn,.n rn . r rnr mdi vidu,: rb<rrrhr.l i, acd .•L. ...rr rrl. rnr /oa rgoinq ncrru m.nr anr. .v 4noWl.lq.d •� ••• r h. .,..ur.J rhr vm. J, frl 0hl la 1 1\J 111 rT)tgy • 1 N _ - 1 Y�.t • . 1 s 1 I t i l z fly � J 17 11194M521 rN 01 t ii r . I J ^ e J Y � w t r b � , Y 1 �t + � I' AW OFFICES PETER S. DANOWSKI, JR. ��I (�( • 616 ROANOKE AVENUE U� WV 8 V� P O. BOX 779 RIVERHEAD, NV 11901 ""'•""-'3 � $O NTH .il 1i71diti PLANN;N^J 6r"AFt0 (516) 727-4900 ---`""`"�—' PETER S. DANOWSKI, JR. MICHAEL T. CLIFFORD OF COUNSEL. ROBERT F. KOZAKIEWICZ PAMELA A. BLAKE November 15, 1988 EILEEN HUBERT SECRETARIES Planning Board j . Town of Southold 53095 Main Road Southold, New York 11971 Attention: Valerie Scopaz Re: Andras Jakab Plock Oyster Farm, Southold Dear Valerie: Some time has passed since we discussed the procedures with _�. regard to my client 's plan to develop "Plock Oyster Farm". Pursuant to your site plan regulations, I am enclosing a copy of a proposed site plan and am simultaneously forwarding three copies to the Southold Town Building Inspector. I would appreciate having the opportunity to have Mr. Howard Young and myself address the Planning Board, so that more detailed plans can be submitted to the Town for approval. My reading of the Town Code Provisions indicate that both a marina and a restaurant are permitted uses by a special exception from the Zoning Board of Appeals . Although some people might argue that the M-1 General Multiple Residence District might provide for a preferable clustered residential use, it is my understanding that the Town has not j, moved in that direction. As a result, my client has no choice but to develop the site based on the uses as outlined in the Light Industrial District. Very truly yours, PETER S. DANOWSKI , JR. PSD:as Enclosures cc: Andras Jakab Howard Young Land Trust is planning. a ' sea :: TarrOM A%M _ r. Three years ,ago, working with the Plock family of the trust a grant of$3,000. Future plans include additional profit," tax-exempt conservation organization, the- trust Southold, the Peconic Land Trust embarked on a unique renovation of the marine structures and facilities, establish .prepares these alternatives within the content of the owners' conservation project that expanded its farmland and open ment of a management center including related equipment, long-term needs as well as appropriate uses and attributes of space conservation mission to include"a"sea farm" or mari- as well as the restoration and enhancement of the preserve. the land itself. culture facility.The trust has recently received fee title to the The trust has been working with Cornell Cooperative Exten- The trust's office is located.at--296-Hampton-Road in 14-acre Shellfisher Preserve on Great Hog Neck, which is sion, the Town of Southold,and the commercial shellfishing Southampton .Village. Potential projects, regardless'of the apart of a 22-acre waterfront site that was formerly home to community to develop appropriate uses, including researchamount of acreage involved, are welcomed. Interested the Plock family business. and education,for the facility. landowners may contact the trust at 283-3195. . According to John V.H..Halsey, president of the trust; The Peconic Land Trust actively works'with landown- "The Shellfisher Preserve has presented us with a wonderful cis to identify and_implement practical-alternatives to ou - - - opportunity to restore the natural beauty-of the site, preserv- tright development. More than 2,000 acres of farmland and m t g.not only significant woodlands and wetlands, but also a 1mi*s, open space, valued at more than$27 million,have been pro i -r SENTRAL FUEL unique mariculture.operation:Given current wetland regula- : r tecfed through a variety of conservation techniques. A Wort .. otseouwrF et of Irons;this -of-a-kind facility on Long could not be _ _ t.�.a 1 built loday." As.such, the preserve and facility can,playa _ -role in assuring a future for traditional shellfishing and mari- culture operations throughout the Long Island Sound and ° Peconic Bay estuary systems,he added: . Egg hunt slated Service Coasts - In anticipation of its gift to the Land Trust, the Plock The Riverhead Recreation Department and radio sta- =��Wes:Nome.Ftter.' S family has generously underwritten renovations to the man- tion WLNG(Sag Harbor)will sponsor an Easter egg hum for straercr BaBervacwm r,�9999 - culture facilityenabling its'continued continued _use: for limited re- children B ages four through nine who live in the Town of Riv- - - _- search, educational and other appropriate shellfish erhead or the Riverhead Central School District. The hunt dependent purposes. The family built and operated the fa- will take place at Stotzky Park on Saturday, March 30:,The cility from the 1940s through the 1970s as a shellfish hatch- rain date-is.Saturday,April 6. - F H ery and for grow-out purposes. Prior. to the "trust's The egg.hunt will begin at 1090 a.m. Children should - PROUDLY PRESENTS.... involvement, the site had been slated for.maximum resi- bring a bag or basket to collect their eggs in. THE WORLD-FAMOUS ' dential development, and would have resulted in the loss of At the.completion of the hunt, there will be bunny hop- the mariculture facility,a potential community asset_ ping races with prizes. Country Time Cycle will give away a - - Fortunately, the Peconic Land Trust was authorized by new bicycle to one youngster.the Plock Family to design and implement a conservation/li- The Easter egg hunt will be broadcast live on WLNG' mited development plan that protects approximately 14 of 1600 AM(92.1-FM)and cable channel 14. = the22 acres of open space, woodlands, wetlands,and man- For more information, call the recreation department made lagoons,while enabling the owners to realize equity in office at 727-5744, . their.property through a limited-development plan of four l lots. Under existing zoning, the property could have yieldedas many as 14 lots.The four individual lots may b6 sold sep- Reunion Ascheduled. arately, or one conservation buyer interested in a private es _ : For One Very Special Performance tate setting could purchase the four and ultimately place a William.Floyd High-School's Class of 1976 will hold its SATURDAY MARCH 3O 1"6 > conservadop easement on three of them. In this latter sce- _ i. f r nario,there is the potential for a charitable gift-and the asso- reunion in July.' w 8:+�PM rAll Se86 -$25 . CiatidL tax benefits..Inquiries may be made to Peconic Land For more information, call 821-7701 or write to: 1976 Trustat283-3195- _ Class Reunion Committee, PO Box 638, Rocky Point, NY: Sponsored By' In 1994, the Rural New York Land Trust Grant Pro- 11778. lwkecs and Inforaauon - gm ra recognized the importance of this project by awarding ForCall James Faith Presents 3 l , ion, , all Starbucks Coffer Stores _ .. • and all Ticketmaster wdets 888-9000 i ut{es� �ebniary 8 1g98 TPlock Site Saviors p Land 73ust awaits' transfer to preserve, ,i S.L Oyster,Co. land By Tlsn Kelly - f ' SOUTHOLD-Town officals and the 3 local sheWishing industry are awaiting I the completion of the loud step beces- POWarY to preawe a unique mariculture f y facility along the.shores of Southold Bay. k.- t Once the site of the prosperous Shel- ter Island Oyster Company,the.Pock off North Bayview Rod had vacant for years,and during that ��`-f. , .,.•.. °: yy time the value of the woodlands ad HELL GAM!—Cooperative Extension agent Gregg Rivera(right)and t0chnlcal specialist David" "ra Icuiture facilities shifted from its a shellfish larval culture vessels at the Plock aquaculture center In Southold, a facility marine : commercial potential to that of yd an- -will again became a valuable asset to the local commercial fishing Industry. other waterfront residential subdivision. - _... With the help of the Peconic Land T's the mwk family Wort town Plan- sing fiord approval lard summer for ame five-lot subdivision that creme for ho aims of about two acres and seta .hQppe, off the shellfish testa.including sev- i 01de ,P real lagoons and butchery structures,as .A a 13.8-acre pawd to be owned by the Tool Anna Poock,who founded Shelter Is- , lend Oyster with her husband in Grwr_ i port in 1933,AW last month,but before she did she signed die dead foundering % t a®i 4B'+i,• r. - ri+ „ ., + title to the Land lImew'Tlml dead is a- .'.'� 'f 'pected'io lie rod with,the county ja a ' tatuea S r.i�• t matter of days 7 •.• . ; "forth celebrnhrtg It's been a long process,but we're at • .. ., ' the door."said Ed Tnocio,a Riverhead l • •, A _ realtor and a member,of the Tntst's j board of directors. .^ , '. . Par sevemi years comet[Compared" ' •, Extension marine program agents have lob • • . .•• - ^^'F •.-• held permission to"dabble"in shellfish • nursery projects at the Poock site,aid " Valentine:s Special but gert OwU elucumlvara weert the permanent relnctenf to make permanent Ire_ provemenr to the facilities until the doe transfer ulcer place. . 1 Dozen-Red AHatcheryHalpeb +The property could save sa a valu- able link between shellfish hatcheries, Heart-Shaped Balloons where commeroially valuable species suc((� 5: 9 5 bay oysters ti spawned,and lento • -..bay bouoms where they are grown to market size,W.Rivera said.Because I �J \� the Poock lagoons rarely freeze over, about a quarter-million hard elms And see our wide selection of spawned at the town's shelfuh hatchery Valentine cards, candy, at Cedar Beach are being kept sloes` aver .the wmter. 'We've got plenty of hatcheries and gifts and more._� we've got plenty of bay bottom,"Mr. Rivam said."But we need a place like this to sarm as a shellfish nursery, - We're talking about a smelt-scale opera_ .. - lion,nbt a mgla fish lean.It will never be what it was.Three's nothing else like 10% Seniors' Discount it on the Bard Cori,red I'm glad it was Open 7 Days f 's aved fiom gdting bulldmed aver t.. 3 Free Balloon Deliveryand Gift;Wrap p., VISA, M/C, AMEX, DISCOVER' " Tkiank you • 765-5708 • for 53850 Main Road, Southold The Suffolk Times 1415 r14ONF:852-2000 l � SUFFOLK COUNTY CLERK'S OFFICE Edward P. RomOit;A, COUNTY CLERK AlvinllE nr., rv4w YOnµ 11!Inl Yown of Southold Assessor ✓Town of Southold Planning Board Chief Deputy County Treasurer To Whom This May Concern: The Subdivision Plap Of : PI(xX SheJIPlq)f,t � n)t(Jov Was Filed , JLlhe- let, Filed Number , A} stract Number , I2-1 (m8 qq Southold SOuthow 71-5-ZD L Township , /y ()wner : )CA Very truly yours, County Clerk .. Map Deparlrnent m! 2 2 W5 S01.11HOLD}OWN PLANNING BOARD rrn No. 4 9 uur:else LAW OFFICES RICHARD F. LARK MAIN ROAD.P.O.BOX 973 CUTCHOGUE,NEW YORK I I935.0973 TELEPHONE 516 734-6807 RICHARD F. LARK MARV LOU FOLTS May 23, 1995 Melissa Spiro, Planner Southold Town Planning Board Town Hall, 53095 Main Road - P. O. Bo 1179 Southold, NY 11971 RE: Subdivision - Plock Shellfisher Preserve Southold, New York - SCTM# 1000-79-5-20 .2 Dear Melissa: Enclosed are four (4) mylar maps and six ( 6) paper prints of the above-mentioned subdivision which contain a valid stamp of approval from the Health Department, and show the building envelopes, location of wetlands and Park and Recreation area. Please confirm that we have now met all the conditions of the final approval of the Southold Town Planning Board which was granted on December 12, 1994, and the mylars and prints will be signed at the next meeting of the Planning Board on June 12, 1995 . Very truly yours, hard F. La RFL/m Enclosures K � on �2 5 g95 !NING TOWN RD LAW OFFICES RICHARD F. LARK MAIN ROAD-P.O.BOX 973 CLITCHOGVE,NEW YORK 11935.0973 TELEPHONE 516 734-6807 RICHARD F. LARK MARV LOU FOLTS May 16, 1995 Melissa Spiro, Planner Southold Town Planning Board Town Hall, 53095 Main Road - P. O. Bo 1179 Southold, NY 11971 RE: Subdivision - Plock Shellfisher Preserve Southold, New York - SCTM# 1000-79-5-20 .2 Dear Melissa: Enclosed for your records is a copy of a letter from the New York State Department of Law indicating acceptance and filing of the Offering Plan of the Plock Shellfisher Preserve Home Owners Association on May 11, 1995 . I will be delivering to you shortly the required mylar maps and prints containing the notation of the recorded Declaration of Protective Covenants, Restrictions and Easements, a valid stamp of approval from the Health Department, and building envelopes, location of wetlands and Park and Recreation area. Very truly yours, X 5 RFL/m Richard F. Lark Enclosure --L-S� j4 ;,' MAY 161995j souit�u„ yq"" STATE of NEw YORK DEPARTMENT OF LAW ego BnoADNAz DENNIS C. VACCO Nzw Yosx,N.Y. loan Anormay O&Wd GARY R. CONNOR Ani met Aumksy Gemrsl is Charge Rod Bow 1==tAg Hems (212) 416-8116 Plock Family Joint Venture NAe '• wI N11 Loo Forts - HOA c/o Certilman basin Adler 6 Hyman • ;kd 'I-I!, b.(,k ytre-e,004 C5e Attn: Ira J. Adler 90 Merrick Avenue East Meadow, NY 11554 RE: Plock Shellfisher Preserve HOA File Number: 9950011 Amount offering: $ 0.00 Filing Fee: $ 0.00 Receipt Number: 442415385 Acceptance Date: 05/1'1195 Dear Sponsor: The offering literature submitted for the subject premises is hereby accepted and filed. Unless extended by duly filed amendment, the effectiveness of the filing shall expire twelve months from this date. All advertising and solicitation material must be consistent with the Contents of the filed offer ing literature. Any material change of facts or circumstances affecting the property or the offering requires an immediate amendment. Any misstatement or concealment of material fact in the literature filed renders this filing void ab initio. This office has relied on the truth of the certification of sponsor, Sponsor's principals and sponsor's experts, as well as the transmittal letter of sponsor's attorney. The issuance of this letter is conditioned upon the faithful perfor- mance of all of the obligatione of the sponsor, its agents and instrumentali- ties, which are required by law or set forth in the offering literature. If there is a failure or neglect to perform any much obligations when Fequired, the effectiveness of this letter' shall be suspended, and &U. offering and sales shall coats, pending further action by this office. Issuance of this letter is further conditioned on the collection of all fees imposed by law. This letter is your receipt for the above filing fee. The filing of the offering literature shall not in any way be con- strued as approval of the contents or terms thereof by the Attorney General of the State of Now York. Nor does it waive or limit the Attorney Genexal's authority to take enforcement action for violation of Article 23-A of the General business Law or other applicable provisions of law. Ver 1 ® y truly yours,�v.,� HARVKY FE M -'-`� ASSISTANT ATTORNEY GENERAL LAW OFFICES R IC HARD F. LARK MAIN ROAD�P.O.BOX 973 CUTCHOGUE.NEW YORK 1 1 935-097 3 TELEPHONE 516 734-6607 RICHARD F. LARK MARY LOU FOLTS May 12, 1995 Melissa Spiro, Planner Southold Town Planning Board cheolc In drgwe Town Hall, 53095 Main Road - P. O. Bo 1179 Southold, NY 11971 RE: Subdivision - Plock Shellfisher Preserve Southold, New York - SCTM# 1000-79-5-20 . 2 Dear Melissa: Pursuant to the resolution of the Planning Board on December 12, 1994, granting conditional final approval to the above-mentioned subdivision, I am enclosing the following: 1 . Copy of recorded Declaration of Protective Covenants, Restrictions and Easements, which contains the covenants and restrictions required by the Planning Board. 2 . Copy of Filing Receipt issued by the Department of State evidencing incorporation of the "flock Shellfisher Preserve Home Owners Association, Inc. " on January 23, 1995 . 3 . Check payable to the Town of Southold in the amount of $4, 686 . 00 representing the administration fee. Please advise if the above meet your requirements numbered 2, 3 and 4 of your letter of December 13, 1994 . I am in the process of having the notation of the recorded Declaration of Protective Covenants, Restrictions and Easements placed on the mylar maps and prints which already contain a valid stamp of approval from the Health Department, and show the building envelopes, location of wetlands and Park and Recreation area. Very truly yours, RFL/m ! !, Richard�Flr�k Enclosures 1 5 l995 BOX�'PHRU 9 MUST BE TYPED SPRINTED IN BLACK INK ONLY F _ .OR TO RECORDING OR FILING. 1 SUFFOLK COUNTY CLERK 2 R 3033 3 L/P# E;�L STATE Number of pages TORRFNS MAY 11 � omo = n = ; `0 -- t� Serial TPP."!T EA TAX nx, v ::aSt;?=f QI.,K oCDn a Castc_ rill Certificate# D r tz `` Prior # �303 7 m cn Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Fee r C/._ C op Mortgage Amt _ Handling 1.Basic Tax _ TP-584 ._ 2. SONYMA _ Notation Sub Total _ EA-5217(County) Sub Total Q._ 3.Spec./Add. EA-5217 (State) TOT. MTG.TAX RP.T.S.A. I5.00 � Dual Town_Dual County Comm.of Ed. 5 UO Held for Apportionment- -- pportionment_ . -- — zoo,• - Transfer Tax 1'�N4,NOf'Q� Affidavit Mansion Tax _ Certified Copy The property covered by this mortgage is or will be improved by a one or two Reg. Copy Sub Total C) family dwelling only. YES_ or NO_ ( f Other ._ GRAND TOTAL r� } L" If NO,see appropriate tax clause on lot '/a page# of this instrument. Real roperty Tax Service Agency Verification 6 Title Company Information ED!tc Dist Section Block Lot 1000 079.00 05.00 020.002 Company Name Title Number FEE PAID BY: Cask Check X Charge RICHARD F. LARK, ESQ. Payer same as R&R_ MAIN ROAD — P. 0. BOX 973 CUTCHOGUE NY 11935-0973 OR: $ RECORD & RETURN TO J� Suffolk County Recording & Endorsement Page Declaration of Protective Covenants This page forms part of the attached Faaamantc made by: (Deed, Mortgage, etc.) ANNA K. PLOCK, et al. The premises herein is situated in € r4 SUFFOLK COUNTY, NEW YORK. i 1 .a. MAY 5 igpw. In the TOWN of SOUTHOLD In the VILLAGE or HAMLET of SOUTHOLD . . , min, %,a, /9 TT,4 CN M Ems/T ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at at Bayview, Town of Southold, County of Suffolk and State of New York, known and designated as "Map of Plock Shellfisher Preserve" more particularly bounded and described as follows: BEGINNING at a point on the division line between Lot 5 "Map of Plock Shellfisher Preserve" and land now or formerly Robert Herman, where said division line is intersected by the easterly side of a certain 50 foot wide right of Way shown on "Map of Plock Shellfisher Preserve" , said point being situate the following three (3) courses and distances from the intersection of the easterly side of Reydon Road and the northerly side of North Bayview Road: 1) South 86 deg. 24 min. 02 sec. East 597 . 82 feet along the northerly side of North Bayview Road, 2) South 86 deg. 56 min. 11 sec. East 387 . 32 feet still along the northerly side of North Bayview Road, 3) North 08 deg. .33 min. 49 sec. East 1091 . 15 feet along land now or formerly James C. & Patricia Boyle, along land now or formerly John L. Plock, Jr. and Carol A. Plock and through land now or formerly Robert Herman, being along the easterly side of a certain 50 foot wide Right of Way shown on "Map of Plock Shelifisher Preserve" , RUNNING thence from said point of beginning North 83 deg . 01 min . 21 sec. West along land now or formerly Robert Herman 385 . 69 feet to land shown on Subdivision "Map of Reydon Shores, Inc. " Suffolk County file No. 631; RUNNING thence North 08 deg. 33 min. 49 sec. East along land shown on Subdivision "Map of Reydon Shores, Inc. " 776 . 99 feet to the bulkheaded shore of a "boat basin" ; RUNNING thence along the bulkheaded shore and high water mark of said "boat basin" and along the bulkheaded shore and high water mark of Shelter Island Sound the following twenty five (25) tie-line ` courses and distances: 1) North 87 deg. 49 min. 47 sec. East 11 . 91 feet, 2) South 83 deg. 30 min. 59 sec. East 17 . 20 feet, 3) North 25 deg. 32 min. 22 sec. East 40 . 09 feet , 4) North 13 deg. 08 min. 06 sec. East 27 . 17 feet, 5) North 03 deg. 09 min. 28 sec. West 29 . 12 feet, 6) North 11 deg. 45 min. 36 sec. East 90 . 88 feet, 7) North 48 deg. 52 min. 28 sec. West 22 . 82 feet, 8) North 22 deg. 15 min. 13 sec. West 21 . 09 feet, 9) North 14 deg. 14 min. 55 sec. East 21 . 10 feet, 10) North 50 deg. 06 min. 23 sec. East 43 . 39 feet, 11) North 31 deg. 10 min. 00 sec. East 21 . 88 feet, 12) North 11 deg. 50 min. 34 sec. East 43 . 03 feet, 13) North 42 deg. 42 min. 57 sec. West 49 . 86 feet , 14) North 11 deg. 29 min. 54 sec. East 155 . 99 feet, 15) South 79 deg. 58 min. 23 sec. East 33 . 94 feet, 16) South 11 deg. 22 min. 51 sec. West 80 . 20 feet, 17) South 74 deg. 46 min. 25 sec. East 156 . 91 feet, 18) North 59 deg. 10 min. 16 sec. East 41 . 61 feet, 19) South 67 deg. 57 min. 14 sec. East 11 . 79 feet, 20) South 21 deg. 33 min. 31 sec. East 21 . 37 feet, 21) South 80 deg. 56 min. 58 sec. East 19 . 52 feet, 22) North 35 deg. 34 min. 02 sec. East 22 . 07 feet, DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND EASEMENTS FLOCK SHELLFISHER PRESERVE at Bayview, Town of Southold Suffolk County, New York Ec���/3�2 DECLARATION made this -?an'— day of , 199i4, by ANNA K. PLOCK, residing at 945 Hobart Road, Southold, New York 11971 ; CAROL ANNE WEIL f/k/a CAROL ANNE PLOCK, residing at 10003 North Bayview Road, Southold, New York 11971; DEBORAH ANNE PLOCK , residing at 415 Oaklawn Avenue, Southold, New York 11971 ; WILLIAM JOHN PLOCK, residing at 945 Jockey Creek Drive, Southold, New York 11971; KATHERINE MARIAN ROKE f/k/a KATHERINE MARIAN PLOCK, residing at 745 Case's Lane, Cutchogue, New York 11935 ; CAROL ANNE WEIL f/k/a CAROL ANNE PLOCK, Trustee under the Will of JOHN L. PLOCK, JR. , residing at 10003 North Bayview Road, Southold , New York 11971; RICHARD F. LARK, residing at 28785 Main Road, Cutchogue, New York 11935 , JEROME F. HOLUB, JR. , residing at 78 Debbie Lane, Berkeley Heights , New Jersey 07922 , and WALLACE KANDELL, residing at 10578 Stonebridge Road, Boca Raton , Florida 33498, Trustees of the Trust under the Will of JOHN L. PLOCK; hereinafter referred to as the "Declarants" . WHEREAS, Declarants are the owners in fee simple of the following real property: ALL those certain plots or parcels of land in the Town of Southold, County of Suffolk, State of New York, known and designated as Lots 1 through 5 on a certain map entitled "Map of Plock Shellfisher Preserve" at Bayview, Town of Southold, Suffolk County, New York, to be filed in the Office of the Clerk of the County of Suffolk; and which land is more particularly bounded and described in Attachment 1 . WHEREAS, Declarants desire to provide for the preservation of the values of the lots and amenities as shown on the subdivision map as more particularly described in Attachment 1, and for the maintenance of roadways and easement areas and therefore create a homeowners association known as the "flock Shellfisher Preserve Homeowners Association, Inc . " under the not-for-profit corpora- tion law of the State of New York for the purposes of maintaining , administering and enforcing the covenants and restrictions; and WHEREAS, the Planning Board of the Town of Southold, as a condition of granting subdivision approval , requires certain covenants and restrictions be placed on the property. NOW, THEREFORE, the aforedescribed premises shall be subject to the following covenants , restrictions and easements which shall run with the land. -1- -3 ARTICLE I. EASEMENTS AFFECTING LOTS 1, 2, 3, 4 and 5 A. The easements hereinafter described shall be appurtenant to and shall pass with the title to every Lot to which the ease- ments apply. B. Lots 1 , 2, 3 , 4 and 5 shall each have an easement, in common with others , 50 feet in width, extending from North Bayview Road to the southerly portion of Lot 5 as shown on the subdivision map as "Right of Way" , for the purpose of ingress , egress, and installation , maintenance and inspection of utilities . The expenses as determined by the Homeowners Association to be incurred for the improvement, maintenance and use of this portion of the easement area as described in Schedule A shall be shared equally by each of the owners of Lots 1 , 2 , 3 , 4 and 5 . C. Lots 1 , 2, 3 and 4 shall each have an easement, 50 feet in width, over and through portions of Lot 5 as shown on the subdivision map as "Right of Way" to the southerly portions of Lots 1 and 4, for the purpose of ingress , egress , and installation, maintenance and inspection of utilities . The expenses as determined by the Homeowners Association to be incurred for the improvement, maintenance and use of this portion of the easement area as described in Schedule B shall be shared equally by the owners of Lots 1 , 2, 3 and 4. D. Lots 1, 2, 3 and 4 shall each have an easement across portions of Lots 1 and 4 as shown on the subdivision map as "Right of Way" for the purpose of ingress , egress , and installa- tion, maintenance and inspection of utilities . The expenses as l determined by the Homeowners Association to be incurred for the improvement, maintenance and use of this portion of the easement area as described in Schedule C shall be shared equally by the owners of Lots 1 , 2, 3 and 4 . E. Lots 1, 2, 3 and 4 shall each have an exclusive easement across a portion of Lot 4 as shown on the subdivision map as 7 "Easement" and an easement in common with others across portions of Lot 5 , as shown on the subdivision map as "Boat Easement E Area" , all as described in Schedule D, for purposes of foot passage to and from the Lagoon and for the dockage of boats and parking of vehicles . F. Lots 1 , 2, 3 and 4 shall each have the right to park one vehicle per lot in the Boat Easement Area in conjunction with the lot owner ' s use of this area . The two 75 ' x 9' wooden boat finger piers located in the Boat Easement Area shall be owned by the owners of Lots 1, 2, 3 and 4 (Lots 1 and 2 shall own the 4 easterly pier as tenants in common; Lots 3 and 4 shall own the westerly pier as tenants in common ) . The owners of Lots 1 , 2 , 3 and 4 shall have an easement: (a ) to use and maintain these two -2- 3 "f a3 wooden boat finger piers and their supports , and the 8' x 15 ' concrete building located in the easement area; (b) to install underground electric , telephone and water lines across Lot 5 to the concrete building and the two wooden boat finger piers in the Boat Easement Area. The cost and expense of maintenance of the Boat Easement Area and the installation of underground utili- ties and repair of the two piers and concrete building located in the Boat Easement Area, as well as the general maintenance of the easement area across portions of Lots 4 and 5 as described in Schedule D will be determined by the Homeowners Association , and the shall be shared equally by the owners of Lots 1 , 2 , 3 and 4 . G. Lots 1 , 2, 3 and 4 shall have an easement, in common with others , across and over portions of Lot 5 as shown on the sub- division map as the "Boat Easement Right of Way" , for purposes of vehicular ingress and egress to the Boat Easement Area. The expenses , as determined by the Homeowners Association , to be incurred for the maintenance and use of this "Boat Easement Right of Way" as described in Schedule E shall be the responsibility of the owner of Lot 5. H. Lots 1, 2, 3 and 4 shall each have the right to use the entire lagoon area north of the Boat Easement Area in common with others for ingress and egress to and from the finger piers and Shelter Island Sound (Southold Bay) . The dredging of this por- tion of the lagoon area and the channel to Shelter Island Sound (Southold Bay ) , and the maintenance of the wood bulkheads located on portions of Lot 5 shall be shared equally by the owners of Lots 1 , 2, 3, 4 and 5 . The Homeowners Association is authorized to arrange with Reydon Shores Homeowners Association for alloca- tion of the cost to the lot owners of dredging the channel to Shelter Island Sound (Southold Bay ) . I. The owners of Lots 1 , 2, 3 and 4, their guests and invi- tees , shall each have the right to temporary daytime dockage of boats along the wood bulkhead on Lot 5, so long as such dockage does not interfere with boat traffic in the lagoon and channel areas. J. The right to use the aforesaid easements for installa- tion, maintenance and inspection of utilities shall include, but not be limited to, the right to connect with , maintain and make use of electric, telephone and cable television lines , wires , pipes, conduits , water lines , sewers and drainage lines which may from time to time be in or along the streets and roads or other areas of the aforesaid easements. R. In the event that any portion of any roadway, walkway , driveway, catch basin, leaching pool , drainage pipe , electric transformer, electric meter, utility line, or any other structure as originally constructed by Declarants encroaches on any lot, it -3- 3 shall be deemed the owner of such lot has granted a perpetual easement to the owner of the adjoining lot for continuing main- tenance and use of such encroaching roadway , walkway, driveway , catch basins , leaching pools , drainage pipes , electric trans- former, meters , utility lines , or structure . The foregoing shall also apply to any replacements of any such roadway , walk- way, driveway, catch basin, leaching pool , drainage pipe, electric transformer, electric meter , or structure if same are constructed in substantial conformance to the original , as constructed. The foregoing condition shall be perpetual in dura- tion and shall not be subject to amendment of these covenants and restrictions . ARTICLE II. COVENANTS AFFECTING LOTS 1, 2, 3, 4 and 5 A. There shall be no further subdivision of Lots 1 , 2 , 3 , 4 and 5, as shown on the subdivision map, in perpetuity. B. No stormwater runoff resulting from the development and improvement of the subdivision or any of its five lots shall be discharged down the bluff or bank or into Southold Bay (Shelter Island Sound) . C. No residential structure shall be constructed or other- wise located within 75 feet of the mean high water line of Southold Bay (Shelter Island Sound) ; and no sanitary disposal facility shall be constructed or otherwise located within 150 feet of the mean high water line of Southold Bay (Shelter Island Sound) . { D. A Buffer Area shall be established extending 75 feet j landward from the mean high water line of Southold Bay (Shelter j Island Sound) along the northerly boundaries of Lots 2 and 3 as shown on the subdivision map to insure that no development j adverse to the aesthetic quality of the shoreline will take place. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased , decayed or dead material and obnoxious plant species . Such clearing and cutting shall be subject to review by the Board of Trustees of the Town of Southold prior to clearing and cutting to insure proper maintenance and preservation of the natural -') buffer. > S E. Erosion and sediment control measures shall be required during and after construction on each lot to insure that storm- water runoff will not carry eroded and other deleterious materials into Southold Bay (Shelter Island Sound ) . F. The covenants contained in ARTICLE II , paragraphs A 'SY through E, can be modified only at the request of the then owner `d -4- 5' d� R3 of a lot with the approval of a majority plus one of the Planninq Board of the Town of Southold after a public hearing . Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. ARTICLE III. COVENANTS AFFECTING RESIDENTIAL LOTS 1, 2, 3 and 4 A. No lot shall be improved or have placed or maintained thereon any structure other than a single family dwelling , not to exceed two stories in height with attached or detached private garage. Said attached or detached garage shall be for not more than three ( 3 ) automobiles . A two-story dwelling shall contain a first floor area of not less than 1,000 square feet, and a one- story dwelling shall contain a floor area of not less than 1 , 500 square feet exclusive of attached or detached garages , carports , open breezeways, patios , terraces or basements . B. No building or structure shall be erected on any lot nor shall the exterior of any building or structure be altered, except in accordance with the plans and specifications therefore which have received prior written approval from the Declarants , their successors or assigns . All dwellings and structures shall conform to all applicable codes and regulations of the Town of Southold, and no variance thereof may be obtained without written approval of the Declarants , their successors or assigns . Two copies of proposed plans and specifications shall be submitted to the Declarants , their successors or assigns , one of which , when approved, shall be returned to the owner with such approval endorsed thereon. If the Declarants , their successors or assigns shall neither approve nor disapprove the plans and specifications within 30 days after they have been submitted to and received, the plans and specifications shall be deemed approved. i ' C. No mobile type home or house trailer shall be kept, used, moved or allowed on said premises regardless of the size. A camper, boat, boat trailer or utility trailer are allowed on said jpremises, but must be stored in an enclosed area shielded from 1 view of neighboring properties . This restriction does not include contractor ' s trailers , etc . when used during the construction of a house, providing same shall be removed from the premises upon completion of the house construction . D. No lot shall be used or maintained for any purpose other than a one-family residence. No trade, business or manufacturing shall be carried on in any residence or anywhere on the property. i i E. No obnoxious or offensive activities shall be carried on upon any lot, nor shall anything be done on a lot which may become an annoyance or nuisance to the neighboring properties . i -5- 's 6 a1 ? 3 F. Tree stumps and debris must be removed from any lot prior to occupancy. No area of the premises may be used for the dumping or storage of garbage , and all such materials shall be stored in sanitary containers and shall be removed regularly from the premises . There may be no total removal of the trees from any lot, and the grounds of each lot shall at all times be reaso- nably well maintained. G. All exterior construction , including roof , exterior walls , painting, windows , doors and landscaping shall be completed within one (1 ) year from the date construction commen- ces . H. No electric , telephone or cablevision poles shall be allowed on the premises , as all utilities and services for electric, telephone and cable, must be underground. I. Any lot owner who mortgages or sells his lot shall notify the Homeowners Association and provide the name and address of his mortgagee or new owner. J. No activities shall be conducted, nor shall any improve- ments be constructed which are or might be unsafe or hazardous to any person, or any structure on a lot in the development. ARTICLE IV. COVENANTS AFFECTING LOT 5 A. Lot 5 as shown on the subdivision map after filing of same, is to be gifted to Peconic Land Trust which is a not-for- profit corporation pursuant to Section 170 (h) ( 3 ) of the Internal Revenue Code. Peconic Land Trust was incorporated on August 1 , 1983 and is dedicated to the preservation of farmland, mari- culture and open space on Eastern Long Island. Peconic Land Trust has expressed its interest in doing what is necessary to preserve the unique mariculture and wetlands areas presently located on Lot 5, in order to preserve and provide lasting benefit to the people of the Town of Southold. B. To accomplish these purposes , the following uses are per- mitted on Lot 5: (i ) Utilize existing house as a caretaker cottage for Peconic Land Trust, its successors and assigns . (ii ) Utilize portions of the lot for Southold Town ' s Shellfish Seed Program which the Town has subcontracted with Cornell Cooperative Extension; however, the scope and intensity of such uses are subject to review and approval by the Southold Town Planning Board and Southold Town Board of Trustees. (iii ) Conduct feasibility studies , especially with Cornell Cooperative Extension , with respect to small scale mari- culture and shellfish nursery uses; however, the scope and inten- -6- 7 -7 3 sity of such uses are subject to review and approval by the Southold Town Planning Board and Southold Town Board of Trustees . (iv) The dock in the lagoon area, north of the residen- tial Boat Easement Area will be used to provide dockage for boats used by the Peconic Land Trust, its successors and assigns , in its mariculture program. (v) The Peconic Land Trust, its successors and assigns , may continue with wetland restoration projects; and in par- ticular, with plans to use portions of the lot for a native plan- tings nursery. (vi ) Waterfront portions of Lot 5 bordering Shelter Island Sound (Southold Bay ) will be used for passive recreational activity of Lots 1, 2, 3 and 4 , such as picnicking , walking , and enjoying scenic vistas . C. Any uses of Lot 5 other than as specified above are sub- ject to review and approval by the Southold Town Planning Board and the Southold Town Board of Trustees . D. No obnoxious or offensive activities shall be carried on upon Lot 5 , nor shall anything be done on such lot which may become an annoyance or nuisance, unsafe or hazardous to Lots 1, 2, 3 and 4 . The mariculture uses of Lot 5 shall not be conducted prior to 6 A.M nor after 10 P.M. prevailing time . E. To preserve the uses and purposes of the gift of Lot 5 to the Peconic Land Trust, the covenants contained in ARTICLE IV, paragraphs A through C, can be modified only at the request of the then owner of Lot 5 with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. ARTICLE V. PLOCR SHELLFISHER PRESERVE HOMEOWNERS ASSOCIATION AFFECTING LOTS 1, 2, 3, 4 and 5 A. The Homeowners Association shall have one class of mem- bership interest. The owner of a lot in the subdivision subject to this Declaration shall be a member . B. Each member is entitled to one vote. When more than one person or entity holds such interest in any Lot, the one vote attributable to such Lot shall be exercised as such persons mutually determined and not more than one vote may be cast with respect to any such Lot. No member shall split or divide its votes on any motion, resolution or ballot . -7- �( a3 ARTICLE VI. MAINTENANCE ASSESSMENTS AFFECTING LOTS 1, 2, 3, 4 and 5 A. Each lot owner, by the acceptance of a deed, whether or not it shall be expressed in any such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Homeowners Association such assessments as are fixed by the Association ' s Board of Directors and assessed to the lot owners as hereinafter provided. B. All sums assessed by the Homeowners Association but not paid, together with such interest thereon , as hereinafter provided, shall be a charge upon each lot and shall be a con- tinuous lien upon said lot against which such assessment is made. C. The assessments levied by the Homeowners Association shall be used exclusively for the purpose of maintenance and repairs to the easement areas as set forth above, liability insurance, and the cost of management and supervision of the covenants and restrictions . D. The Homeowners Association ' s Board of Directors shall , from time to time, but at least annually, fix and determine the budget representing the sum or sums necessary and adequate for the continued operation of the Association and shall send a copy of the budget and any supplement thereto to each member prior to assessing the members thereon. The Board shall determine the total amount of money required, including the operational items such as insurance, repairs , reserves , maintenance and other operating expenses , as well as charges to cover any deficits from prior years and capital improvements approved by the Board . The Declarants ' obligation for such assessments on unsold lots sub- ject to this Declaration will be limited to the difference between the actual operating costs of the Association and the assessments levied on owners who have closed title to their lots . In no event, however, will the Declarants be required to make a deficiency contribution in an amount greater than it would other- wise be liable for if it were paying assessments on unsold lots . The sum due the Association from each individual lot owner shall constitute an assessment of the Board of Directors , and unpaid assessments shall constitute liens on the individual lots subject to foreclosure as hereinafter provided. E. All assessments against each lot shall be payable semiannually or more frequent intervals as determined by the Board of Directors of the Homeowners Association . The Association shall prepare a roster of the lots and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any member . Upon the written request of a member or his mortgagee, the Board shall promptly furnish such member or his mortgagee with a written statement of the unpaid charges due from such member . -8- �y -2 3 F. If an assessment is not paid on the date when due , as fixed by the Board of Directors of the Homeowners Association , then such assessment shall become delinquent and shall , together with such interest thereon at the legal rate of 9% per annum, and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the member ' s lot which shall bind such property in the hands of the member, his heirs , devisees , personal representatives and assigns . Such lien shall be prior to all other liens except: (a ) tax or assessment liens on the lot by the taxing subdivision of any governmental authority, including but not limited to State, County and School District taxing agencies; and (b) all sums unpaid on any first mortgage of record encumbering the lot. G. An assessment not paid within thirty (30 ) days after its due date, shall bear interest from the date of delinquency at the legal rate of 9% per annum; and the Homeowners Association may bring an action at law against the member or former member personally obligated to pay the same and may foreclose the lien against the property. There shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include interest on the assessment as above pro- vided and reasonable attorney ' s fees to be fixed by the court together with the cost of the action. ARTICLE VII. INSURANCE AFFECTING LOTS 1, 2, 3, 4 and 5 The Homeowners Association , through its Board of Directors shall maintain public liability insurance, to the extent obtainable, covering each lot owner, the Association , managing agent, and any lessee or occupant of any of the lots , against liability for any negligent act of commission or omission attri- butable to them which occurs in the easement areas . The cost of the premium for this liability insurance will be shared equally by Lots 1, 2, 3, 4 and 5 . ARTICLE VIII. GENERAL PROVISIONS AFFECTING LOTS 1, 2, 3, 4 and 5 A. The easements, licenses , rights or privileges established, created and granted by this Declaration shall be for the benefit of and restricted solely to, the Homeowners Association and the owners of lots on the subdivision map. Any owner may also grant the benefit of such easement, license, right or privilege to his tenants and guests of any home built on a lot and their immediate families for the duration of their tenancies or visits; but the same is not intended nor shall it be construed as creating any rights in or for the benefit of the general public . -9- c) cl ? 3 • B. The Declarants grant the continuing right in perpetuity to the Southold Town Planning Board and Southold Town Board of Trustees or any of their designated representatives to inspect any areas designated on the subdivision map as buffer areas , easement areas, roadways, open space, common areas or any similar nomenclature so as to insure continued compliance with the cove- nants, terms and provisions designated herein in regard to same and to insure that such covenants , terms and provisions have not been violated. C. Declarants grant the continuing right in perpetuity to the Southold Town Planning Board and Southold Town Board of Trustees or any of their designated representatives to enforce the conditions and restrictions of the covenants as they relate to the buffer areas , easement areas , roadways , waterways , open space and common areas and to take any legal action they deem necessary to enforce the conditions and restrictions of the cove- nants. D. Except as provided in paragraphs B and C above, these covenants and restrictions of this Declaration shall run with , and bind the land, and shall inure to the benefit of , and be enforceable by the Association , any member , or the owner of Lots 1, 2, 3, 4 and 5, subject to this Declaration , their respective legal representatives, heirs, successors and assigns , unless an instrument signed by eighty (80 %) percent of the members has been recorded, agreeing to change said covenants and restrictions in whole or in part. Notwithstanding the foregoing , the easements , licenses, rights and privileges established and created by ARTICLE I shall be perpetual , run with the land, and shall sur- vive any destruction, reconstruction , and relocation of the physi- cal structure, unless said provision is abrogated by the unanimous consent of all the members . Unless specifically prohi- bited herein, this Declaration may be amended by an instrument signed by members holding not less than eighty (80%) percent of the membership. Any amendment must be properly recorded to be effective. E. Any notice required to be sent to any member or owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as member or owner on the records of the Association at the time of such mailing . F. The administration of the Homeowners Association shall be in accordance with the provisions of the Association By-Laws . G. Invalidation of any of the covenants , limitations or pro- visions of this Declaration by court order or judgment shall in -10- // M 3 no way affect any of the remaining provisions hereof and the same shall continue in full force and effect. IN WITNESS WHEREOF, the Declarants have caused their hands and seals to be affixed the day and year first above written. i] dC do k,Q W p1� Ck Anna K. Plock Carol Anne Weil f/k a � ) � Carol Anne Plock, Trustee and Will of John L. Plock, Jr . Carol Anne Weil f k a Carol Anne Plock chard F. Lark , Trustee under Will of John L. Plock Deborah Anne Plock /V7,Arome F. Holub, Trustee under ill of John L. Ploc A/Vz William JohrVPlock Wallace Kand , Trustee under ceq �j Ak Will of John L. Plock Katherine rian Rokae t k Katherine Marian Plock -11- / STATE OF NEW YORK: . ss . COUNTY OF SUFFOLK: On this^4day of .0 &tftd1W, 1994, before me personally came ANNA K. PLOCK to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. vNotary Public MARY LOU FOLTS Nolwy Pubk,Slate of New Yak No.10W858.Suffolk y J OommlWw Eom Mar.30,i STATE OF NOW-4Oii: COUNTY OF 900*06K: On this /3 day of , 1996 , before me personally came CAROL ANNE WEIL f/k/a CAR L ANNE PLOCK to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same individually and as trustee. Notary Public GhA!AI:;SIaH R Cr S�5ae2 FXPME9:Apli 22,19% �`�:±o,:�J• eWIdBEIhNWfierYRMMUNkrvnfters STATE OF NEW YORK: • Ss . COUNTY OF SUFFOLK: On this •.77 r'Rday of &c&rw/ticc.-, 199yA, before me personally came DEBORAH ANNE PLOCK to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. Notary Publi TF MM MWSON ►bWy PAk 8W dNew Yak -12- AwCo t e STATE OF NEW YORK: Ss . COUNTY OF SUFFOLK: On this a9 day of (Lez xAzc-, 199 , before me personally came WILLIAM JOHN PLOCK to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public TFf 0ATHDWSM Nouq Mk 8"w Herr York NiL407 n-&"Cana STATE OF NEW YORK: Ca wh"E%O�aw 13,10-w SS . COUNTY OF SUFFOLK: On this °�g day of .tSP�em 199V before me personally came KATHERINE MARIAN ROKE f/k/a KATHERINE MARIAN PLOCK to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. V,Notary Public MARY LOU RXTS Notary Pubk,SW@ of Now Yak No.1000958-SuNofk Cmq CommksW Ey*n Mac X iffiS STATE OF NEW YORK: ss . COUNTY OF SUFFOLK: On this .7)"kday of���wq��/i, 199,F, before me personally came RICHARD F. LARK to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. ,Notary Public MARyLOU FOLTS Notary Pabk Slate aNM ypk No,IOU5g.SUNA -13- Annmkape ivk"Mar.14 /-sue `x 3 STATE OF NEW YORK: • ss . COUNTY OFA, On this �` day of February, 1995, before me personally came JEROME F . HOLUB, JR. , to me known to be the individual described in and who executed the foregoing instrument , and acknowledged that he executed the same. Notary Public LAURA M.RAM Notary Public,State of New York No.31-4805512 Qualified in New York County Commission Expires December 31,1au STATE OF FLORIDA ss . COUNTY OF PALM BEACH: On this X day of January, 1995, before me personally came_ WALLACE KANDELL, to me known to be the individual described in and who executed the foregoing instrument , and acknowledged that he executed the same. Notary lic VAFTA! • I It'll l -14- / s' �y a� 23) South 81 deg. 57 min. 10 sec. East 10. 43 feet, 24) South 28 deg. 55 min. 34 sec. East 38 . 57 feet, 25) South 85 deg. 46 min. 21 sec. East 475. 02 feet to land now or formerly Robert Herman; RUNNING thence along land now or formerly Robert Herman the following two (2) courses and distances: 1) South 08 deg. 33 min. 49 sec. West 1207 . 25 feet, 2) North 83 deg. 01 min. 21 sec. West 414 . 61 feet to the easterly side of a certain 50 foot wide Right of Way shown on "Map of Plock Shellfisher Preserve" and the point or place of BEGINNING. CONTAINING an area of 21. 7733 acres. x a r SCHEDULE A COMMON RIGHT-OF-WAY EASEMENT FROM NORTH BAYVIEW ROAD TO LOT 5 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Bayview, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows : BEGINNING at a point on the northerly side of North Bayview Road at the southwesterly corner of land now or formerly James C. Boyle and Patricia Boyle, said point being situate the following two (2) courses ,.a and distances as measured along the northerly side of North Bayview 4V- _ Road from the intersection of the northerly side of North Bayview Road and the easterly side of Reydon Road : 1) South 86 deg. 24 min. 02 sec. East 597 . 82 feet, 2) South 86 deg.. 56 min. 11 sec. East 387 . 32 feet ; RUNNING thence from said point of beginning North 86 deg . 56 min . �L . 11 sec. West along the northerly side of North Bayview Road 50. 23 feet to a point; . RUNNING thence North 8 deg. 33 min. 49 sec. East through land now or formerly Robert Herman 1094 . 58 feet to "Map of Plock Shellfisher Preserve"; I RUNNING thence South 83 deg. 01 min. 21 sec. East along "Map of Shellfisher Preserve" 50. 02 feet to a point; "p# RUNNING thence South 8 deg. 33 min. 49 sec. West through land now ' or formerly Robert Herman, along land now or formerly John L. Plock, Jr . and Carol A. Plock and along land now or formerly James C. Boyle and ec Patricia Boyle 1091 . 15 feet to the northerly side of North Bayview Road * and to the point or place of BEGINNING. q F� t}t� eF SCHEDULE B RESIDENTIAL INGRESS AND EGRESS EASEMENT OVER LOT 5 All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Bayview, Town of Southold, County of Suffolk, and state of New York, known and designated as Right of Way "Map of Plock Shellfisher Preserve" more particularly bounded and described as follows: BEGINNING at a point on the division line between Lot 5 "Map of Plock Shellfisher Preserve" and land now or formerly Robert Herman, where said division line is intersected by the easterly side of a certain 50 foot wide Right of Way leading N, r from North Bayview Road to the aforementioned "Map of Plock � F - Shellfisher Preserve" , said point being situate the following r` three (3) courses and distances from the intersection of the easterly side of Reydon Road and the northerly side of North Bayview Road: + *" 1) South 86 deg. 24 min. 02 sec. East 597 . 82 feet along the northerly side of North Bayview Road, 2) South 86 deg. 56 min. 11 sec. East 387 . 32 feet still along the northerly side of North Bayview Road, + 3) North 08 deg. 33 min. 49 sec. East 1091 . 15 feet along land now or formerly James C. Boyle and Patricia Boyle, along land } now or formerly John L. Plock, Jr. and Carol A. Plock and through land now or formerly Robert Herman, being along the easterly side of 'the aforementioned 50 foot wide Right of Way leading from North ;h $ayview Road to the "Map of Plock Shellfisher Preserve" ; ,% RUNNING' thence from said point of beginning North 83 deg. ".-01 min. 21 sec. West along the division line between Lot 5 G#Map of Plock Shellfisher Preserve" and land now or formerly ;Robert Herman 50. 02 feet to a point; RUNNING thence through Lot 5 "Map of Plock Shellfisher Preserve" he following four (4) courses and distances: 1) North 08 deg. 33 min. 49 sec. East 1 . 38 feet, ' 2) on a curve to the right having a radius of 135. 00 feet a distance of 208 . 32 feet, 3) South 83 deg. 01 min. 21 sec. East 161 . 72 feet, �ma 4) on a curve to the left having a radius of 125 . 00 feet a distance of 250. 62 feet to the division line between Lot 4 and Lot 5 "Map of Plock Shellfisher Preserve" ; k� RUNNING thence North 72 deg. 06 min. 13 sec. East along the division line between Lot 1 and Lot 5 "Map of Plock Shellfisher yx, „Preserve" 70. 48 feet to land now or formerly Robert Herman; RUNNING thence South 08 deg. 33 min. 49 sec. West along land now or formerly Robert Herman 87 . 10 feet to a point; RUNNING thence through Lot 5 "Map of Plock Shellfisher Preserve" the following three (3) courses and distances : 1) on a curve to the right having a radius of 175 . 00 feet a distance of 270. 04 feet, 2) North 83 deg. O1 min. 21 sec. West 161 . 72 feet, 3) on a curve to the left having a radius of 85. 00 feet a distance of 131. 16 feet to the division line between Lot 5 "Map of Plock Shellfisher Preserve" and land now or formerly Robert Herman and to the point or place of BEGINNING. im L aF }Sr1 ♦ r i d T>i wt r 4E 3Y aX m iq�P r SCHEDULE C RESIDENTIAL INGRESS AND EGRESS EASEMENT OVER LOTS 1 and 4 All that certain plot, piece or parcel, with the buildings and improvements thereon erected, situate, lying and being at Bayview, Town of Southold, County of Suffolk, and State of New York, known and designated as Right of Way "Map of Plock Shellfisher Preserve" more particularly bounded and described as follows: BEGINNING at a point formed by the intersection of the lines of Lot 1, Lot 2, Lot 3, and Lot 4 "Map of Plock Shellfisher Preserve" ; RUNNING thence from said point of beginning South 81 deg, 26 min. , .. it sec. East along the division line between Lot 1 and Lot 2 "Map of s Plock Shellfisher Preserve" 25. 07 feet to a point; ' RUNNING thence through Lot 1 "Map of Plock Shellfisher Preserve" the following eight (8) courses and distances: 1) South 14 deg. 03 min. 49 sec. West 30. 00 feet, 2) North 81 deg. 26 min. 11 sec. West 1.0. 00 feet , 3) South 14 deg. 03 min. 49 sec. West 27 . 33 feet, 4) on a curve to the left having a radius of 170. 00 feet a distance of 106. 01 feet, 5) South 21 deg. 39 min. 55 sec. East 40 . 00 feet, 6) on a curve to the right having a radius of 480. 00 feet a y. distance of 144 . 09 feet, ' 7) on a curve to the left having a radius of 270. 00 feet a distance of 164 .80 feet, 8) on a curve to the right having a radius of 165. 00 feet a distance of 62 . 03 feet to the division line between Lot 1 and Lot 5 "Map; of Plock Shellfisher Preserve"; RUNNING thence South 72 deg. 06 min. 13 sec. West along the ^X ' ',division line between Lot 1 and Lot 5 and along the terminus of another ,y rx "Right of Way "Map of Plock Shellfisher Perserve" 15 . 00 feet to Lot 4 "AlMap of Plock Shellfisher Preserve"; RUNNING thence South 72 deg. 06 min. 13 sec. West along the L division line between Lot 4 and Lot 5 and still along the terminus of �s ,: another Right of Way "Map of Plock Shellfisher Preserve" 15. 00 ', feet to a point; RUNNING thence through Lot 4 "Map of Plock Shellfisher Preserve" •,. the following eight (8) courses and distances: L y. 1) on a curve to the left having a radius of 135 . 00 feet a ¥ distance of 50. 75 feet, 2) on a curve to the right having a radius of 300. 00 feet a distance of 183 . 11 feet, 3) on a curve to the left having a radius of 450. 00 feet a distance of 135. 09 feet, 4) North 21 deg. 39 min. 55 sec. West 40. 00 feet, 5) on a curve to the right having a raduis of 200 . 00 feet a distance of 124 . 72 feet, 6) North 14 deg. 03 min. 49 sec. East 24 . 44 feet, 7) North 81 deg. 26 min. 11 sec. West 10. 00 feet, 8) North 14 deg. 03 min. 49 sec. East 30. 00 feet to the division line between Lot 3 and Lot 4 "Map of Plock Shellfisher Perserve" ; RUNNING thence South 81 deg. 26 min. 11 sec. East along the division line between Lot 3 and Lot 4 "Map of Plock Shellfisher Preserve" 25. 07 feet to the point of place of BEGINNING. a7 d 3 SCHEDULE D BOAT EASEMENT AREA All that certain plot, piece or parcel, with the buildings and improvements thereon erected, situate, lyiAg and being at Bayview, Town of Southold, County of Suffolk, and State of New York, known and designated as "Easement" , "Map of Plock Shellfisher Preserve" more particularly bounded and described as follows: BEGINNING at a point on the division line between Lot 3 and Lot 4 "Map of Plock Shellfisher Preserve" , adjoining a Right of Way shown on said Map, said point being situate North 81 deg. 26 min. 11 sec. west 25. 07 feet as measured along the division line between Lot 3 and Lot 4 "Map of Plock Shellfisher Preserve" , from the southwesterly corner of Lot 2 "Map of Plock Shellfisher Preserve" ; RUNNING thence from said point of beginning South 14 deg. 03 min . 49 sec. West through Lot 4 and along said Right of Way "Map of Plock Shellfisher Preserve" 15. 07 feet to a point; RUNNING thence North 81 deg. 26 min . 1.1 sec . West through Lot 4 "Map of Plock Shellfisher. Preserve" 188 . 95 feet to the division line between Lot 4 and Lot '5 "Map of Plock Shellfisher I'rrsrrve" ; RUNNING thence through Lot 5 "Map of Plock Shellfisher Perserve" the following nine (9) courses and distances : 1) North 81 deg. 26 min. 11 sec. West 15 . 01 feet, 2) North 10 deg. 03 min. 49 sec. East 155 . 40 feet, 3) North 79 deg. 56 min. 11 sec. West 65 . 00 feet, 4) South 10 deg. 03 min. 49 sec. West 170. 00 feet, %_- 5) North 79 deg. 56 min. 11 sec. West 180 . 00 feet, 6) North 10 deg. 03 min. 49 sec. East 125 . 00 feet, 7) South 79 deg. 56 min. 11 sec. East 165. 00 feet, 8) North 10 deg. 03 min. 49 sec. Fast 60 . 00 feet , 9) South 79 deg. 56 min. 11 sec. East 95 . 00 feet to the division line between Lot 5 and Lot 3 "Map of Plock Shellfisher Preserve" ; RUNNING thence South 10 deg. 03 min. 49 sec. West along the division line between Lot 5 and Lot 3 "Map of Plock Shellfisher Preserve" 155 . 00 feet to the division line between Lot 3 and Lot 4 "Map of Plock Shell- fisher Preserve" ; k°z RUNNING thence South 81 deg. 26 min. 11 sec. East along the lf` ' division line between Lot 3 and Lot 4 "Map of Plock Shellfisher Preserve" 190. 00 feet to a Right of Way shown on said Map and the point or place of BEGINNING. 11725 N 066 � SCHEDULE E BOAT EASEMENT RIGHT-OF-WAY All that certain plot, piece, or parcel of land , situate, lying and being at Bayview, Town of Southold, county of Suffolk and State of New York, designated as Boat Easement Area Right of Way "Map of Plock Shellfisher Preserve" , being 15 feet in width over Lot 5 "Map of Plock Shellfisher Preserve" and leading from a certain Right of Way providing access to Lots 1 , 2 , 3 , and 4 "Map of Plock Shellfisher Preserve" , the centerline of which is more particularly bounded and described as follows : BEGINNING at a point in Lot 5 "Map of Plock Shellfisher Preserve" on the westerly side of a certain Right of Way "Map of Plock Shellfisher Preserve" providing access to Lots 1 , 2 , 3 , and 4 "Map of Plock Shellfisher Preserve" , said point being situate the following four (4) course and distances from the intersection of the easterly side of Reydon Road and the northerly side of North Bayview Road: 1. South 86 deg. 24 min. 02 sec. East 597 . 82 feet along the northerly side of North Bayview Road , 2. South 86 deg. 56 min. 11 sec. East 337 . 09 feet still along the northerly side of North Bayview Road, 3 . North 08 deg. 33 min. 49 sec. East 1095 . 96 feet along the westerly side of a certain 50 foot wide Right of Way shown on "Map of Plock Shellfisher Preserve" , 4 . on a curve to the right having a radius of 135 . 00 feet a distance of 93 . 66 feet still along the westerly side of a certain 50 foot wide Right of Way shown on "Map of Plock Shellfisher Preserve" ; RUNNING thence from said point of beginning westerly and northerly generally following an existing traveled roadway and through Lot 5 "Map of Plock Shellfisher Preserve" the following eight (8) courses and distances: ". - 1. on a curve to the left having a radius of 57 . 50 feet a distance of 80. 56 feet, 2. North 83 deg. 47 min. 35 sec. West 118 . 41 feet, 3 . on a curve to the right having a radius of 75 . 00 feet a distance of 121 . 58 feet, 4 . North 09 deg. 05 min. 20 sec. East 91 . 07 feet, 5. North 07 deg. 00 min. 59 sec. East 230 . 94 feet, 6. North 00 deg. 28 min. 29 sec. West 90 . 34 feet, 7. North 06 deg. 12 min. 28 sec. West 45 . 77 feet , 8 . North 08 deg. 19 min. 36 sec. East 172 . 47 feet to a point on the southerly boundary of the Boat Easement Area "Map of Plock Shellfisher Preserve" 7 . 50 feet easterly of the southwesterly corner of said Boat Easement Area . � 3 cz „� 3 DIVISION OF CORPORATIONS AND STATE RECORDS ALHAN) . NY FILING RECEIPT ENTITY NAMC FLOCK SHGL.LFISHER PRESERVE HOME OWNERS ASSOCIATION , In, -- - -- DOCUMENT TYPE DOMESTIC: (NOT- FUR-PROFIT ) CORPORATIO TYPE A COUNT' 3UF' SERVICE COMPANY UNITED CORPORATE SERVICES: SERVICE 75K 07 FILED 01 /22/1991 DURATION . -PERPETUAL --CASH 950123000514 FILM K "Fo123000' ADDRESS FOR PROCESS C/O RICHARD F . LARK , ESC. MAIN ROAD - .B'DX 973 CUTC:HOGUE , NY 1 'iP7 REGISTERED AGENT .. ? 1 I FILER FEES 110. 00 PAYMENTS 110. CFRTIL_MAN FALIN ADLFR A HYMAN FILING 75 . 0G• cn5H---- 0. FINANCIAL CTR - 90 MERRICE AVENUE: TAX 0 . 00 CHECK 0. C:ERT 0. 00 BILLED i10 . EAST MEADOW , NY 115`;4 COPIES 10 . 00 HANDLING 25 . 00 REFUND . 0. ms-1m �S oSpFfOIK`OG JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK o T P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (516) 765-1823 MARRIAGE OFFICER .j ��� Telephone (516) 765-I801 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 27, 1994: RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $78,100.00 for a bond for roads and improvements in the minor subdivision of Anna K. Plock (a/k/a Plock Shellfish Preserve), Southold, all in accordance with the approval of the Southold Town Planning Board and Engineering Inspector James A. Richter. Judith T. Term Southold Town Clerk December 28, 1994 DEC 29M SOUTHO!D TOWN PLANNING BOARD SL�bm�tta✓d b �rc.K la�Kye he'c- III Iggy ft4 111) PHONE PA -7.2839 2850 RIVERHEAD CEMENT BLOCK CO., INC. BUILDING BLOCKS—BUILDING TILE CESSPOOLBLOCKS PRECAST POOLS INSTALLED BULLDOZERS 6 CRANE WORK RIVERHEAD, L. I., 11901 Customer's Order o. n D�ar/ey �(•/� 111�LI 7 M �L�CJn[L.�. .ZntOY /C[LOL^ Address • eOLa MY I e11sx I C. a. D. I ..CrIoN AeeT.) ^Ro: I,ArO OUTI aUAx. OAeaM,TION ,NIO{ AMOUNT � ao Tax of9 -7 Total ALL claims and returned goods MUST be accompanied by this bill. 17757 Rec d by .Mc LIES.RMERHEAD,N.T. - 0DEC 13 W sour NI F 5ai ! f, 1 RIVERHEAD CEMENT BLOCK CO., INC. 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EXCAVATION & DRAINAGE SITE DEVELOPMENT BULLDOZERS & CRANE WORK RIVERHEAD, NEW YORK 11901 (516) 727.2839 nnnrrvt -.L-di r,.n .-n..,.�r nq,,...., or•T non rem om O I hI I , I I I I I I I I I I I I I TAX I rrnnev necnvrn nv TOTAL /4r rrn In and rclurnad ponds MI IST be 21239 u rnpnnl^d hY rhi,b11L crnan/_ You RIVERHEAD CEMENT BLOCK CO., INC. EXCAVATION & DRAINAGE SITE DEVELOPMENT BULLDOZERS & CRANE WORK RIVERHEAD, NEW YORK 11901 (516) 727.2839 --.. _-- ----- - 11-1 r 1_ O I I I I I I I I I I I I I I I TAX ^i.-�6n.. . -cii�n•n� I TOTAL All.tr.i,.rt r,.d Mvsr ne ,.. r>..r,,,rr•d nv uas����. `Ihank`You 21240 RIVERHEAD CEMENT BLOCK CO., INC. EXCAVATION & DRAINAGE SITE DEVELOPMENT BULLDOZERS & CRANE WORK RIVERHEAD, NEW YORK 11901 (516) 727.2839 fl 1 Irrl',r(11'n11`N 'r)Nf 11•ri^ flr �93 1 NON- ..�/t{/f�. ���V.. ,/ /4l�/►_ UP F.[gib nnG r;nn�li I a)tr ill f it Plip NOT - - ,� i.L�c •.�xelueC� /fb >�.�. 1 a 3Z•3) ov cae/1 Clls�5e iot ,4+ ,�;-aoloc) kl TAX - I - TOIAL wrinnv nrnr:rnv 00, I & All r'.In inr�nn•1 rrhrn.nd pnnda iAl IF!he .v.r ortrnv.lnri by Ihl,,hill �1mkcYUu 21285 /� RIVERHEAD CEMENT BLOCK CO., INC. EXCAVATION & DRAINAGE SITE DEVELOPMENT BULLDOZERS & CRANE WORK RIVERHEAD, NEW YORK 11901 (516) 727.2839 -- - ---- ---- rn A Ce:.r I r:l)1) CrIAIMF IIr NAf:l:i nlll�r rrfrrl r�nrrl(Irlt I I I I I I I I I I I I I I I TAX I TOTAL P��.-Inirnc>.nd rr Hrrnad �d�-yMVGT n�o[J // ,wk /ou 21322 „_.. , . ,, .. . .. ..._,,,., RIVERHEAD CEMENT BLOCK CO., INC. EXCAVATION At DRAINAGE SITE DEVELOPMENT BULLDOZERS & CRANE WORK RIVERHEAD, NEW YORK 11901 (516) 727.2839 - 1--- - , 1 kozw*�-,99 ���)LGP lC�ln�7 �ICIIB� I i i I i i I i i i i i TAX dom nv n rrr.vri'nv - �— TOIAL MI cln in le and relmned PneCd�sMIiST b�."(J 21350 nr••,.rPn plod by lhle bill /hank {ou RGVERHEAD CEMENT BLOCK CO., INC. EXCAVATION & DRAINAGE SITE DEVELOPMENT BULLDOZERS & CRANE WORK RIVERHEAD, NEW YORK 11901 (516) 727-2839 CUSTOMER'S ORDER NO. PHONE D NAME ADDRESS CASH CAA CHARGE ON ACC MGNE.RETA. MID OUT I I I TAX SOLD flY RECEIVED BY TOTAL All claims and returned goods MUST be eccompanled by this bill. "nuIIIkcYUtl 21370 vMIDCI RN 1--"1..G.Vm 11IN RIVERHEAD CEMENT BLOCK CO., INC. EXCAVATION & DRAINAGE SITE DEVELOPMENT BULLDOZERS & CRANE WORK RIVERHEAD, NEW YORK 11901 (516) 727.2839 F- w OMFRS ONNFP NO. 'L CA D 19 (1� �,4d Aoensss CASH Co D. CHARGE ONACCT. 101MRET'D. PADCDT I I I I I I I I I I I I TAX I TOTAL I All clelrns end returned goods MUST be 1 eccompenled by th,s bill 'Ihank�'Uu 21382 INIIMRI \r RIVERHEAD CEMENT BLOCK CO., INC. EXCAVATION & DRAINAGE SITE DEVELOPMENT BULLDOZERS & CRANE WORK RIVERHEAD, NEW YORK 11901 (516) 727.2839 CUfi IOMFN 9 ONOFP NO. PHONE OA ! NANq �8 nouncss CASH C.O.p. CHARGE OHACCT. MDSE.RET'p. PAD OUT TAX aoio ev— nEcenrcp IT --- TOTAL I All claims end raorn.d good.MUST bO 21465 &CCOMPOnled by Ihi.bill 77 _ ix j/"7OU rlm lmi en=,��:/b�lry c�nm mn olen (()� PLANNING BOARD MEMBERS j. Richard G.Ward, Chairman Town Hall, 53095 Main Road George Ritchie Latham,Jr. P. O. Box 1179 Bennett Orlowski,Jr. Southold, New York 11971 Mark S. McDonald t Fax(516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 13, 1994 Mary Lou Folts, Esq. P.O. Box 973 Cutchogue, NY 11935 Re: Proposed minor subdivision for Anna K. Plock (a.k.a. Plock Shellfisher Preserve) SCTM# 1000-79-5-20.2 Dear Ms. Folts: The following took place at a meeting of the Southold Town Planning Board on Monday, December 12, 1994: BE IT RESOLVED to adopt the bond estimate dated December 9, 1994, and to recommend same to the Town Board. The bond estimate is in the amount of $78,100.00 with an administration fee in the amount of $4,686.00. The final public hearing which was held at 7:35 p.m, was closed. The following resolution was adopted: WHEREAS, Anna K. Plock and others are the owners of the property known and designated as SCTM# 1000-79-5-20.2, located on an existing r-o-w (Shell Fisher Road) off North Bayview Road; approximately 935 feet east of Reydon Road in Southold; and WHEREAS, this proposed minor subdivision, to be known as Plock Shellfisher Preserve, is for 5 lots on 21.7733 acres; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on March 22, 1994; and i • Page 2 Proposed minor subdivision for Anna K. Plock December 12, 1994 WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on December 12, 1994; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold will be met upon fulfillment of the following conditions; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the subdivision maps dated October 4, 1994 and on the final road and drainage plan dated October 10, 1994. All conditions must be met within six (6) months of the date of this resolution: 1. Six (6) final subdivision maps and two (2) mylar maps must be submitted. All maps must contain the following: A. A valid stamp of approval from the Health Department. B. A notation that a Declaration of Covenants and Restrictions was filed pertaining to the subdivision. The notation must include the liber and page number of the filed document. C. Building envelopes and the location of all wetlands on the site. D. The Park and Recreation area must be shown on the map. 2. The Declaration of Covenants and Restrictions required by the Planning Board must be recorded. A copy of the recorded document must be submitted. 3. The Homeowners Association must be incorporated. A copy of the recorded document must be submitted. 4. The administration fee in the amount of $4,686.00, must be paid. Please contact this office if there are any questions regarding the above. Sincerely, Q w �'I�/, �IGu�,�w�(`l 'c" ^ Richard G. Ward Chairman enc. RAYMOND L _ J ACOB S c�,, Z J AME S A . R I CHTER , R . A . SUPERINTENDENT- SOUTHOLD TOWN HIGHWAY DEPARTMENT 0�, � �..]]� ENGINEERING INSPECTOR Fax (516)-765-1750 �01 l[ l�VO (516)-765-5070 O F F I C E O F TH£ E NG I N£E R TOMN OP sa0 mn LD BOND ESTIMATE December 9 , 1994 MINOR SUBDIVISION FOR ANNA K. PLOCK SCTM: # 1000-79-05-20 . 2 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1 . 1 . 2 ACRE CLEARING & GRUBBING $ 2 , 500 . 00 $ 3 ,000 . 00 2 . 900 C .Y . ROUGH GRADING / UNCLASSIFIED EXCAVATION 6 . 00 5 ,400 . 00 DRAINAGE 3 . 2 EA. BUBBLE BASIN 2 , 500 . 00 5 ,000 . 00 4 . 6 EA. CATCH BASINS 3 , 000 . 00 18 ,000 . 00 5 . 3 EA. 10 ' Dia. LEACHING POOL W/ CAST IRON MANHOLE & FRAME 2 , 500 . 00 7 , 500 . 00 6 . 7 EA. 10 ' Dia. LEACHING POOL 2 , 000 . 00 14 ,000 . 00 7 . 150 L . F . 18" Dia. C .M.P. 30 . 00 4, 500 . 00 8 . 4 , 200 S .Y . FINE GRADING 1 . 50 6 , 300 . 00 9 . 200 L. F . GUARD RAIL 20 . 00 4,000 . 00 10 . 400 TONS 3/4" STONE BLEND 25 . 00 10 ,000 . 00 11 2 EA. STREET SIGNS 200 . 00 400 . 00 SUB-TOTAL = $ 78 ,100 . 00 + 6% ADMINISTRATION FEE = $ 4 ,686 . 00 TOTAL = $ 82 ,786 . 00 Southold Town Planning Boar• 5 • December 12, 1994 been pending for years. They're actual subdivision applications. We have gone into the SEQR process. We have had a Scoping Session with Chic Voorhis, who was compensated, who represents the Town. At that Scoping Session it was determined that an alternate access over the wetland area must be accomplished in order to proceed. We cannot cross that wetland area without creating impacts which were, in the opinion of the Town's environmental consultants, too severe to handle. Therefore, we cannot proceed under SEQR. We can do an impact statement, we've discussed it. We've had consultants, we've retained En-Consultants, Mr. Roy Haje, but we cannot proceed unless alternate access is provided. That's why we have not proceeded under our SEQR and submitted a DEIS. If we have an access spur, a DEIS will follow. Thank you Mr. Chairman. Mr. Ward: Is there anyone else here that would like to address this particular application? Mr. Russell: My name is Mr. Russell and we own the adjacent property to the west. We're entirely in favor of the 34 acre set up. That's all I have to say. Thank you. Mr. Cuddy: I would like to make just one point to the Board. We have DOT approval. Mr. Gazza and Mr. Lettieri do not have DOT approval. We have a road that we can go over; despite what he says, Mr. Gazza can't go over his road and I think that should very much be part of the record. Mr. Ward: Is there anyone else here this evening that would like to address the Cove Beach Estates subdivision? If not, I believe then that all is in order to close the hearing. Mr. McDonald: Mr. Chairman, I make a motion to close. Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: 7:35 p.m. Anna K. Plock - This major subdivision is for 5 lots on 21.79 acres, located on an existing right of way off North Bayview Rd., approximately 935 feet east of Reydon Road in Southold. Four of the lots are between 1.7 acres and 2.2 acres in size. The fifth lot is a reserved area to be conveyed to the Peconic Land Trust. SCTM# 1000-79-5-20.2. 1 notice that the attorney for the applicant is here. Mr. Lark if you would just come forward for a second. There are several things that we would like to see put on the map. One would be that the easement for park and recreation be shown on the map. There's a few other things that we have technically that we want to put on the map. We can approve that, subject to, and so before you go into park and recreation and Southold Town Planning Boa re 6 • December 12, 1994 the rest of it I think everything's in order. Mr. Lark: OK. Mr. Ward: So you don't have to necessarily give us all the reasons tonight, we're agreeing as long as it shows on the map as an easement. Mr. Lark: You mean lot number five? Mr. Ward: Yes, for the park and playground. Mr. Lark: Alright, the only thing she asked me to get you, I worked out all the language changes on the C&R's. That's all been done. Mr. Ward: Well, that's going to be subject to... Mr. Lark: ...subject to anyway and she wanted to know what my costs were for construction. I finally calculated those, I have those here, I can hand them to you. Mr. Ward: Well, you can give them in but that will still be subject to right now, so... anything else? Mr. Lark: Well, basically I appear before the Board, the applicant, and ask that the map be approved. The C&R's which will be filed simultaneously, the minor language changes I have worked out with the planner, Melissa Spiro. The engineering fee, she asked me since there should be no bond posted for this because all of the improvements have been done according to the inspection of Mr. Richter and I will hand up the cost that I did incur so that you'll have those in setting the inspection fee. Those are actual costs that I did incur, which were a little bit less than if the municipality had to do it. The Homeowners Association, which will also be a condition of the Board approval is being approved at the Attorney General's office now, and soon as that gets approved and this Board approves the map to be filed with the C&R's, and some minor technicalities that you wanted relative to putting on the park and recreation easement, I'll do that in cooperation with you; I understand what you need there. The Health Department has rendered approval, as you have that approval before you. They did that in October. So, that pretty much meets all your requirements and I ask that it be approved at your earliest convenience subject to the conditions that you need to put on for final approval. Mr. Ward: Is there anyone else here this evening that would like to address this subdivision? If not, all is in order to close the hearing. Mr. McDonald: I move to close this hearing. Mr. Edwards: Second. Mr. Ward: Motion seconded. All in favor? Southold Town Planning Boar 7 r December 12, 1994 Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. What's the pleasure of the Board? Mr. McDonald: Mr. Chairman, I'd like to make a motion BE IT RESOLVED to adopt the bond estimate dated December 9, 1994, and to recommend same to the Town Board. The bond estimate is in the amount of $78,100.00 with an administration fee in the amount of $4,686.00. Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. McDonald: I make a further motion that WHEREAS, Anna K. Plock and others are the owners of the property known and designated as SCTM# 1000-79-5-20.2, located on an existing r-o-w (Shell Fisher Road) off North Bayview Road; approximately 935 feet east of Reydon Road in Southold; and WHEREAS, this proposed minor subdivision, to be known as Plock Shellfisher Preserve, is for 5 lots on 21.7733 acres; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on March 22, 1994; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on December 12, 1994; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold will be met upon fulfillment of the following conditions; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the subdivision maps dated October 4, 1994 and on the final road and drainage plan dated October 10, 1994. All conditions must be met within six (6) months of the date of this resolution: 1. Six (6) final subdivision maps and two (2) mylar maps must be submitted. All maps must contain the following: A. A valid stamp of approval from the Health Department. B. A notation that a Declaration of Covenants and Restrictions was filed pertaining to the subdivision. The notation must include the liber and page number of the filed document. C. Building envelopes and the location of all wetlands on the site. D. The Park and Recreation area must be shown on the map. Southold Town Planning Boa10 8 • December 12, 1994 2. The Declaration of Covenants and Restrictions required by the Planning Board must be recorded. A copy of the recorded document must be submitted. 3. The Homeowners Association must be incorporated. A copy of the recorded document must be submitted. 4. The administration fee in the amount of $4,686.00, must be paid. Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Robert Scott - This lot line change is to subtract 10, 868 square feet from a 42.468 acre parcel and add it to a 21,382 square foot parcel in/Orient. SCTM# 1000- -6-16. Is there anybody here that would like to address the Board regarding this app ' ation7 If not, what's the pleasure of the Board? Mr. Mc nald: I move to close. Mr. Edwards: Second. Mr. Ward: Motion econded. All in favor? Ayes: Mr. McDonald, r. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Mott n carried. Mr. McDonald : I'd like to make further motion that WHEREAS, Robert I. Scot0and Margaret M. Scott and Reginald Tuthill and others are the owners of the property known and esignated as SCTM# 1000-.18-6-16 & 17, located on Main Road in Orient; and, j WHEREAS, this lot line change, to be known s lot line change for Robert Scott is for a lot line change to subtract 10,868 square from a 42.468 acre parcel and add it to a 21,382 square foot parcel; and, WHEREAS,,the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itsel ead agency and issued a Negative eclaration on November 14, 1994; and, WHE AS, a final public hearing was closed on said lot line hange application at Tow Hall, Southold, New York on December 12, 1994; and, W EREAS, all the requirements of the Subdivision Regulations oft a Town of Southold have been met; be it therefore, PLANNING BOARD MEMBERS ? J� Richard G. Ward, Chairman ` Town Hall, 53095 Main Road George Ritchie Latham, Jr. n P. O. Box 1179 Bennett Orlowski,Jr. " _ ' Southold, New York 11971 Mark S. McDonald Fax(516)765-3136 Kenneth L. Edwards _ -; Telephone(516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 13, 1994 Judith Terry, Town Clerk Southold Town Hall Southold, NY 11971 Re: Proposed minor subdivision for Anna K. Plock (a.k.a. Plock Shellfisher Preserve) SCTM# 1000-79-5-20.2 Dear Ms. Terry: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, December 12, 1994: BE IT RESOLVED to adopt the bond estimate dated December 9, 1994, and to recommend same to the Town Board. The bond estimate is in the amount of $78,100.00 With an administration fee in the amount of $4,686.00. Please contact this office if there are any questions regarding the above. Sincerely, I&L 14 Richard G. Ward m�5 Chairman enc. At �c�1FF01q-��G p6 RAYMOND L . J ACOB S �� � J AME S A _ R 2 CHTER , R . A . SUPERINTENDENT. W • ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT Fax (516)-765-1750 �01 liit !`� (516)-765-3070 O F F I C E O F TH£ £NG I NE E R wow op sov ma x.m BOND ESTIMATE December 9 , 1994 MINOR SUBDIVISION FOR ANNA K. PLOCK SCTM: # 1000-79-05-20 . 2 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1 . 1 . 2 ACRE CLEARING & GRUBBING $ 2 , 500 . 00 $ 3 ,000 . 00 2 . 900 C.Y. ROUGH GRADING / UNCLASSIFIED EXCAVATION 6 . 00 5 , 400 . 00 DRAINAGE 3 . 2 EA. BUBBLE BASIN 2 , 500 . 00 5 ,000 . 00 4 . 6 EA. CATCH BASINS 3 ,000. 00 18,000 . 00 5 . 3 EA. 10 ' Dia. LEACHING POOL W/ CAST IRON MANHOLE & FRAME 2, 500 . 00 7 , 500 . 00 6 . 7 EA. 10 ' Dia. LEACHING POOL 2 ,000 . 00 14 ,000 . 00 7 . 150 L.F. 18" Dia. C.M.P. 30 . 00 4, 500 . 00 8 . 4, 200 S .Y . FINE GRADING 1 . 50 6 , 300 . 00 9 . 200 L . F . GUARD RAIL 20 . 00 4,000 . 00 10 . 400 TONS 3/4" STONE BLEND 25 . 00 10 ,000 . 00 11 2 EA. STREET SIGNS 200 . 00 400 . 00 SUB-TOTAL = $ 78 ,100 . 00 + 6% ADMINISTRATION FEE = $ 4 , 686 . 00 TOTAL = $ 82 , 786 . 00 i I COUNTY OF SUFFOLK NOTICE OF PUBLIC Sound;on the east by land now STATE OF NEW YORK ss: HEARING or formerly of Robert Herman; on the south by land now or NOTICE IS HEREBY formerlyofRobertHerman;on Patricia Wood , being duly sworn GIVEN that pursuant to Sec- the east by land now or for-tion276of the Town Law, a merly of Richard Kuo,by land says that she is the Editor, of th Public hearing will beheld b now or formerly of Konrad and j TRAVELER—WATCHMAN, a publi the Southold Town Planning Diane Goeldner, by land now I newspaper printed at Southold, i Board,at the Town Hall,Main or formerly ofWallaceA. and ', Suffolk County; and that the notic Road, Southold, New York in Mary S. McGahan, by land ! of which the annexed is a printe said Town on the 12th day of now or formerly of Edward J. copy, has been published in sa i December, 1994 on the ques- M, urn (Trust), by land now Traveler—Watchman once each wee' tionof the following: or` ormerly of Joan and Ed- for watd J.Smith,Jr.,by land now i � , , , , , , , , , , , , , ,week �`7:30 P.M.Final Public hear- . . . . . ' ' ' • • • . or formerly of John M. Helf ing for the proposed major sub- and others; and on the north- division for Cove Beach Es- west by Reydon Shore's Boat suc��ssrively, commencing on th tates,in East Marion,Town of Basin. • • • • • • • • • • • • Southold, County of Suffolk, 7:40 P.M.Final public hear- State of New York. Suffolk ing for the proposed lot line County Tax Map Number change for Robert Scott, in day of . . . �e:� 7 �-? , , , , , , , , 1000-22-3-15.1 & 18.3. Orient, Town of Southold, ! 19 2 . . The property is bordered on County of Suffolk, State of j the north by Long Island New York.Suffolk County Tax f _ Sound;on the east bY land now Map Number1000-I8-6-16. or formerly of Robert W The property is bordered on Gillespie and David Gillespie, the north by Main State Road; by Dam Pond,by land now or on the northeast by land now formerly of Joseph F. Gazza, or formerly of K.Sledjeski;on by land now or formerly of the east by land now or for- Bernice Lettieri, and by land merly of A. Sledjeski, by land Swan to before me on thi: now or formerly of Andrew now orformerlyofTuthill,and • • • l• • •day of Lettieri; on the south by Main by Narrow River Road;on the Road,by land now or formerly south by land now or formerly of Frank R.Russell and others, of Latham Farms, Inc.; and on �✓ ¢" �✓y . . . . . . . . . . . . . . . 190' by land now or formerly of the northwest b land now or Barbara and Ronald Edeen,Jr. formerly of Latham Farms,Inc. by land now or formerly of Iris Dated:November 28, 1994 R.and FrankE.Begora,Jr.,and BY ORDER OF THE by land now or formerly of SOUTHOLD TOWN /J Myron B. Brown; on the west PLANNING BOARD � � �E �? . . . . by land now or formerly of Richard G. Ward,Chairman • • • • • • . • John & Luz Psaroudakis, by IX-12/l/94(1) Notary Public land now or formerly of Dor- othy E.Cook,and by a 16 foot NOTARY BARA , State Ot New York right of way;and on the north- No. , State west by land now or formerly' Qualified in Suffolk Couaq of Otto Uhl,Jr.,et.al. Commission Expires 0/3I/96 7:35 P.M. Final public hearing for the proposed ma- jor subdivision for Anna K. Plock in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk I � County Tax Map Number j i IS 1000-79-5-20.2. !: D The property is bordered on 1 the north by Shelter Island 1' i; , CrEC 7 ;O i a •Utif0j,0 MS LAW OFFICES RICHARD F. LARK MAIN ROAD-P.O.BOX 973 CUTCHOGUE.NEW YORK 11935-0973 TELEPHONE 516 734-6607 RICHARD F. LARK MARY LOU FOLTs December 2, 1994 Melissa Spiro, Planner Southold Town Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 RE: Subdivision for Anna K. Plock Plock Shellfisher Preserve Southold, New York SCTM# 1000-79-5-20. 2 Dear Ms . Spiro: Pursuant to our conversation, I have combined the two covenant documents into one and enclose same for your review. I have highlighted in pink the location of all covenants required by the Planning Board. Kindly review same at your earliest convenience. Very truly yours, 77 Mary ou Folts MLF: lc Enclosure D LW � i�l �OLUN rC Q PGE DBE ION OF PROTECTIVE COVENANTS, RESTRICTIONS AND EASEMENTS \ \1 PLOCK SHELLFISHER PRESERVE O at Bayview, Town of Southold Suffolk County, New York DECLARATION made this day of 1994 , by ANNA K . PLOCK, residing at 945 Hobart Road, Southold, New York 11971; CAROL ANNE WEIL f/k/a CAROL ANNE, PLOCK, residing at 10003 North Bayview Road, Southold , New York 11971; DEBORAH ANNE PLOCK, residing at 415 Oaklawn Avenue, Southold, New York 11971; WILLIAM JOHN PLOCK, residing at 945 Jockey Creek Drive, Southold, New York 11971; KATHERINE MARIAN ROKF f/k/a KATHFRINE MARIAN PLOCK, residing at 745 Case' s Lane, Cutchogue, New York 11935; CAROL ANNE WEIL f/k/a CAROL ANNE PLOCK, Trustee under the Will of JOHN L. PLOCK, JR. , residing at 10003 North Bayview Road, Southold, New York 11971; RICHARD F. LARK, residing at 28785 Main Road, Cutchogue, New York 11935, JEROME F . HOLUB , JR. , residing at 78 Debbie Lane, Berkeley Heights , New Jersey 07922 , and WALLACE KANDELL, residing at 10578 Stonebridge Road, Boca Raton , Florida 33498 , Trustees of the Trust under the Will of JOHN L. PLOCK; hereinafter referred to as the "Declarants" . WHEREAS, Declarants are the owners in fee simple of the following real property: ALL those certain plots or parcels of land in the Town of Southold, County of Suffolk, State of New York, known and designated as Lots 1 through 5 on a certain map entitled "Map of Plock Shellfisher Preserve" at Bayview, Town of Southold, Suffolk County, New York, filed in the Office of the Clerk of the County of Suffolk on the day of , 1995 as Map No. WHEREAS, Declarants desire to provide for the preservation of the values of the lots and amenities as shown on the subdivision map and for the maintenance of roadways and easement areas and therefore create a homeowners association known as the " Plock Shellfisher Preserve Homeowners Association , Inc. " under the not- for-profit corporation law of the State of New York for the purposes of maintaining , administering and enforcing the cove- nants and restrictions; and tr i 'oEi"one" e p hl s al rdi-I 0 o B n dV ya, and, r3 NOW, THEREFORE, the aforedescribed premises shall be subject to the following covenants , restrictions and easements which shall run with the land . -1- ARTICLE I . EASEMENTS AFFECTING LOTS 1, 2, 3, 4 and 5 A. The easements hereinafter described shall be appurtenant to and shall pass with the title to every Lot to which the ease- ments apply. B. Lots 1, 2 , 3 , 4 and 5 shall each have an easement, in common with others, 50 feet in width, extending from North Bayview Road to the southerly portion of Lot 5 as shown on the subdivision map as "Right of Way", for the purpose of ingress, egress, and installation , maintenance and inspection of utilities . The expenses as determined by the Homeowners Association to be incurred for the improvement, maintenance and use of this portion of the easement area as described in Schedule A shall be shared equally by each of the owners of Lots 1, 2, 3 , 4 and 5 . C. Lots 1, 2 , 3 and 4 shall each have an easement, 50 feet in width, over and through portions of Lot 5 as shown on the subdivision map as "Right of Way" to the southerly portions of Lots 1 and 4 , for the purpose of ingress, egress, and installation, maintenance and inspection of utilities. The expenses as determined by the Homeowners Association to be incurred for the improvement, maintenance and use of this portion of the easement area as described in Schedule B shall be shared equally by the owners of Lots 1, 2, 3 and 4. D. Lots 1, 2, 3 and 4 shall each have an easement across portions of Lots 1 and 4 as shown on the subdivision map as "Right of Way" for the purpose of ingress, egress, and installa- tion , maintenance and inspection of utilities. The expenses as determined by the Homeowners Association to be incurred for the improvement, maintenance and use of this portion of the easement area as described in Schedule C shall be shared equally by the owners of Lots 1, 2, 3 and 4 . E. Lots 1, 2 , 3 and 4 shall each have an exclusive easement across a portion of Lot 4 and an easement in common with others across portions of Lot 5, as shown on the subdivision map as "Easement" and "Boat Easement Area", as described in Schedule 0, for purposes of foot passage to and from the Lagoon and for the dockage of boats and parking of vehicles . F. Lots 1, 2, 3 and 4 shall each have the right to park one vehicle per lot in the Boat Easement Area in conjunction with the lot owner' s use of this area. The two 75 ' x 9 ' wooden boat finger piers located in the Boat Easement Area shall be owned by the owners of Lots 1, 2, 3 and 4 (Lots 1 and 2 shall own the easterly pier as tenants in common; Lots 3 and 4 shall own the westerly pier as tenants in common) . The owners of Lots 1, 2, 3 and 4 shall have an easement: ( a) to use and maintain these two -2- wooden boat finger piers and their supports , and the 8 ' x 15 ' concrete building located in the easement area. ( b) to install underground electric, telephone and water lines across Lot 5 to the concrete building and these two wooden boat finger piers in the Boat Easement Area. The cost and expense of maintenance of the Boat Easement Area and the installation and repair of the two piers and concrete building located in the Boat Easement Area, as well as the general maintenance of the easement across portions of Lots 4 and 5 as described in Schedule D will be determined by the Homeowners Association, and the shall be shared equally by the owners of Lots 1, 2 , 3 and 4 . G. Lots 1, 2 , 3 and 4 shall have an easement, in common with others, across and over portions of Lot 5 as shown on the sub- division map as the "Boat Easement Right of Way", for purposes of vehicular ingress and egress to the Boat Easement Area. The expenses, as determined by the Homeowners Association, to be incurred for the maintenance and use of this "Boat Easement Right of Way" as described in Schedule E shall be the responsibility of the owner of Lot 5. H . Lots 1, 2, 3 and 4 shall each have the right to use the entire lagoon area north of the Boat Easement Area in common with others for ingress and egress to and from the finger piers and Shelter Island Sound ( Southold Bay) . The dredging of this por- tion of the lagoon area and the channel to Shelter Island Sound ( Southold Bay) , and the maintenance of the wood bulkheads located on portions of Lot 5 shall be shared equally by the owners of Lots 1, 2 , 3, 4 and 5 . The Homeowners Association is authorized to arrange with Reydon Shores Homeowners Association for alloca- tion of the cost of dredging the channel to Shelter Island Sound ( Southold Bay ) . I . The owners of Lots 1, 2 , 3 and 4, their guests and invi- tees, shall each have the right to temporary daytime dockage of boats along the wood bulkhead on Lot 5, so long as such dockage does not interfere with boat traffic in the lagoon and channel areas. J. The right to use the aforesaid easements for installa- tion, maintenance and inspection of utilities shall include, but not be limited to, the right to connect with, maintain and make use of electric, telephone and cable television lines, wires, pipes, conduits, water lines, sewers and drainage lines which may from time to time be in or along the streets and roads or other areas of the aforesaid easements. R. In the event that any portion of any roadway, walkway, driveway, catch basin , leaching pool, drainage pipe, electric transformer , electric meter, utility line, or any other structure as originally constructed by Declarants encroaches on any lot, it -3- shall be deemed the owner of such lot has granted a perpetual easement to the owner of the adjoining lot for continuing main- tenance and use of such encroaching roadway, walkway, driveway, catch basins, leaching pools, drainage pipes, electric trans- former, meters, utility lines , or structure. The foregoing shall also apply to any replacements of any such roadway, walk- way, driveway, catch basin , leaching pool , drainage pipe, electric transformer, electric meter, or structure if same are constructed in substantial conformance to the original, as constructed. The foregoing condition shall be perpetual in dura- tion and shall not be subject to amendment of these covenants and restrictions. A ii16 �I�. " 40#00"W' s 1`r 2r 3.. 4 and 5 ' , ' Lots o 2, 3, h and , a orru oh "su" v ui Y. v s a� ` rJr- n , �ti1t, a ay t*r - Gx•�� erg C�$ a it wx n' #' t mesa IMS&I t , eitet Iola d # Bu€£e �► "# . . n 't real Nolan nl t dz `,Gyp C n: mn n- ;s d a�! prdser`datOit "of' the i #tu' ba a .< • � aauc. du x. a MMY X er "IsT:and SCwn�. throe r. o e only a e req 0 .. ., e. teen o"r r'� -4- mainrifv n1iin one ^P the 101 4 ng0 n O u le , n� ek con t 'o isluffim000 frTaWt"i'on eh 12' 3�p "tom' ARTICLE III. COVENANTS AFFECTING RESIDENTIAL LOTS 1, 2, 3 and 4 A. No lot shall be improved or have placed or maintained thereon any structure other than a single family dwelling, not to exceed two stories in height with attached or detached private garage. Said attached or detached garage shall be for not more than three ( 3) automobiles . A two-story dwelling shall contain a first floor area of not less than 1 , 000 square feet, and a one- story dwelling shall contain a floor area of not less than 1, 500 square feet exclusive of attached or detached garages, carports , open breezeways , patios , terraces or basements. B. No building or structure shall be erected on any lot nor shall the exterior of any building or structure be altered, except in accordance with the plans and specifications therefore which have received prior written approval from the Declarants , their successors or assigns . All dwellings and structures shall conform to all applicable codes and regulations of the Town of Southold, and no variance thereof may be obtained without written approval of the Declarants , their successors or assigns . Two copies of proposed plans and specifications shall be submitted to the Declarants , their successors or assigns , one of which , when approved, shall be returned to the owner with such approval endorsed thereon. If the Declarants , their successors or assigns shall neither approve nor disapprove the plans and specifications within 30 days after they have been submitted to and received, the plans and specifications shall be deemed approved. C. No mobile type home or house trailer shall be kept, used, moved or allowed on said premises regardless of the size. A camper, boat, boat trailer or utility trailer are allowed on said premises , but must be stored in an enclosed area shielded from view of neighboring properties . This restriction does not include contractor 's trailers , etc. when used during the construction of a house, providing same shall be removed from the premises upon completion of the house construction. D. No lot shall be used or maintained for any purpose other than a one-family residence . No trade, business or manufacturing shall be carried on in any residence or anywhere on the property. E. No obnoxious or offensive activities shall be carried on upon any lot, nor shall anything be done on a lot which may become an annoyance or nuisance to the neighboring properties. -5- F. Tree stumps and debris must be removed from any lot prior to occupancy . No area of the premises may be used for the dumping or storage of garbage, and all such materials shall be stored in sanitary containers and shall be removed regularly from the premises . There may be no total removal of the trees from any lot , and the grounds of each lot shall at all times be reaso- nably well maintained. G. All exterior construction , including roof , exterior walls, painting , windows, doors and .landscaping shall be completed within one (1 ) year from the date construction commen- ces . H. No electric , telephone or cablevision poles shall be allowed on the premises, as all utilities and services for electric, telephone and cable, must be underground . I . Any lot owner who mortgages or sells his lot or any home thereon shall notify the Homeowners Association and provide the name and address of his mortgagee or new owner . J . No activities shall be conducted, nor shall any improve- ments be constructed which are or might be unsafe or hazardous to any person , or home on a lot in the development. ARTICLE IV. COVENANTS AFFECTING LOT 5 A. The Declarants will deed rot 5 as shown on the sub- division map to the Peconic Land Trust, which is a not-for-profit organization incorporated on August 1, 1983 , dedicated to the preservation of farmland and open space on eastern Long Island. The Peconic Land Trust is interested in preserving the unique mariculture facility presently located on Lot 5 in order to pro- vide a lasting benefit to Long Island' s educational , commercial and recreational shellfishing community, and to restore and enhance the wetland and woodland areas located on Lot 5. isig uses are permitted on tot 5: � i 1t � �g s c ins house a$ caretaker cottage. for $ -F�aconio Ca[id Trua r n �B gl'13. (ii ) U ns f the lot. for Southol& Town' s '. ei),; Seed . "lln�. e scape AW37INT111i C 0 T v " .OU O OUE10 SOW n s ludies es ecially ;withI v .,iaari-� 1Ce and s nursery uses,• owev r, -6- _ki ;uses are; Wig&, : review and "p_ rovskly tbe.� `S3Mt wn Planni'ng,.#�pard and SoRRZ` Vfaia Board ':of 'Rr ateae. tcti provkde� Trust, t liCc'essors,A d r �.' �► ns b"-Ott" pa tt he leit `for eF!(tilan r { sndpq - rfejoying eeanid vistas. " fe are:= b- E D. No obnoxious or offensive activities shall be carried on upon Lot 5, nor shall anything be done on such lot which may become an annoyance or nuisance, unsafe or hazardous to Lots 1 , 2 , 3 and 4 . The mariculture uses of Lot 5 shall not be conducted prior to 6 A.M nor after 10 P.M. prevailing time . R th »« n ssnr o1 ':'thy r nand, n ng , QMn@rg:- $ Co sent to 'euC 1 a a , s i' 11 not be ARTICLE V. PLOCR SHELLFISHER PRESERVE HOMEOWNERS ASSOCIATION AFFECTING LOTS 1, 2, 3, 4 and 5 A. The Homeowners Association shall have one class of mem- bership interest. The owner of a lot in the subdivision subject to this Declaration shall be a member. B. Each member is entitled to one vote . When more than one person or entity holds such interest in any Lot, the one vote attributable to such Lot shall be exercised as such persons mutually determine and not more than one vote may be cast with respect to any such Lot . No member shall split or divide its votes on any motion , resolution or ballot. -7- ARTICLE VI. MAINTENANCE ASSESSMENTS AFFECTING LOTS 1, 2, 3, 4 and 5 A. Each lot owner, by the acceptance of a deed, whether or not it shall be expressed in any such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Homeowners Association such assessments as are fixed by the Association 's Board of Directors and assessed to the lot owners as hereinafter provided. B. All sums assessed by the Homeowners Association but not paid, together with such legal interest thereon as hereinafter provided, shall be a charge upon each lot and shall be a con- tinuous lien upon said lot against which such assessment is made. C. The assessments levied by the Homeowners Association shall be used exclusively for the purpose of maintenance and repairs to the easement areas as set forth above, liability insurance, and the cost of management and supervision of the covenants and restrictions . D. The Homeowners Association 's Board of Directors shall , from time to time, but at least annually, fix and determine the budget representing the sum or sums necessary and adequate for the continued operation of the Association and shall send a copy of the budget and any supplement thereto to each member prior to assessing the members thereon . The Board shall determine the total amount required, including the operational items such as insurance, repairs , reserves , maintenance and other operating expenses , as well as charges to cover any deficits from prior years and capital improvements approved by the Board . The Declarants ' obligation for such assessments on unsold lots subject to this Declaration will be limited to the difference between the actual operating costs of the Association and the assessments levied on owners who have closed title to their lots . In no event, however, will the Declarants be required to make a deficiency contribution in an amount greater than it would other- wise be liable for if it were paying assessments on unsold lots . The sum due the Association from each individual lot owner shall constitute an assessment of the Board of Directors and unpaid assessments shall constitute liens on the individual lots subject to foreclosure as hereinafter provided. E. All assessments against each lot shall be payable semiannually or more frequent intervals as determined by the Board of Directors of the Homeowners Association. The Association shall prepare a roster of the lots and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any member. Upon the written request of a member or his mortgagee, the Board shall promptly furnish such member or his mortgagee with a written statement of the unpaid charges due from such member. -8- F. If an assessment is not paid on the date when due, as fixed by the Board of Directors of the Homeowners Association , then such assessment shall become delinquent and shall , together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the member 's lot which shall bind such property in the hands of the member , his heirs , devisees , personal representatives and assigns . Such lien shall be prior to all other liens except: (a ) tax or assessment liens on the lot by the taxing subdivision of any governmental authority, including but not limited to State, County and School District taxing agencies; and (b) all sums unpaid on any first mortgage of record encumbering the lot. G. An assessment not paid within thirty (30 ) days after its due date, shall bear interest from the date of delinquency at the maximum permissible rate in the State of New York; and the Homeowners Association may bring an action at law against the member or former member personally obligated to pay the same and may foreclose the lien against the property. There shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action , and in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and reasonable attorney ' s fees to be fixed by the court together with the cost of the action. ARTICLE VII. INSURANCE AFFECTING LOTS 1, 2, 3, 4 and 5 The Homeowners Association , through its Board of Directors shall maintain public liability insurance, to the extent obtainable, covering each lot owner , the Association , managing agent, and any lessee or occupant of any of the lots , against liability for any negligent act of commission or omission attri- butable to them which occurs in the easement areas . The cost of the premium for this liability insurance will be shared equally by Lots 1 , 2, 3 , 4 and 5 . ARTICLE VIII. GENERAL PROVISIONS AFFECTING LOTS 1, 2, 3, 4 and 5 A. The easements , licenses , rights or privileges established, created and granted by this Declaration shall be for the benefit of and restricted solely to, the Homeowners Association and the owners of lots on the subdivision map. Any owner may also grant the benefit of such easement, license, right or privilege to his tenants and guests of any home built on a lot and their immediate families for the duration of their tenancies or visits; but the same is not intended nor shall it be construed as creating any rights in or for the benefit of the general public. -9- ..q} t-,44"tr,� 4oritinuing right ta: ' iing adord,and . 9uth91 : �Tq -JO 4.W n of .t ! a . t r emen o eas and! s is ar i �F • ns ctoan ance vie-? f� cic ;dea ted t s r s rs is a � nu aq r L ��.(( eae o , ` a• ; Y 6 ce thee �col 9 a ns e; ve- i nats D. Except as provided in paragraphs B and C above, these covenants and restrictions of this Declaration shall run with, and bind the land, and shall inure to the benefit of, and be enforceable by the Association, any member, or the owner of Lots 1 , 2, 3, 4 and 5 , subject to this Declaration, their respective legal representatives , heirs , successors and assigns , unless an instrument signed by eighty ( 80% ) percent of the members has been recorded, agreeing to change said covenants and restrictions in whole or in part . Notwithstanding the foregoing , the easements , licenses, rights and privileges established and created by ARTICLE I shall be perpetual , run with the land, and shall sur- vive any destruction , reconstruction and relocation of the physi- cal structure , unless said provision is abrogated by the unanimous consent of all the members. Unless specifically prohi- bited herein , this Declaration may be amended by an instrument signed by members holding not less than eighty (80% ) percent of the membership. Any amendment must be properly recorded to be effective. E. Any notice required to be sent to any member or owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as member or owner on the records of the Association at the time of such mailing. F. The administration of the Homeowners Association shall be in accordance with the provisions of the Association By-Laws which are made a part of this Declaration and attached hereto. G. Invalidation of any of the covenants, limitations or pro- visions of this Declaration by court order or judgment shall in -10- no way affect any of the remaining provisions hereof and the same shall continue in full force and effect . IN WITNESS WHEREOF, the Declarants have caused their hands and seals to be affixed the day and year first above written. Anna K. Plock Carol Anne Weil f/k a Carol Anne Plock, Trustee under Will of John L. Plock, Jr. Carol Anne Weil f/k/a Carol Anne Plock Richard F. Lark, Trustee under Will of John L. Plock Deborah Anne Plock Jerome F. Holub, Trustee under Will of John L. Plock William John Plock Wallace Kandell , Trustee under Will of John L. Plock Katherine Marian Roke f/k/a Katherine Marian Plock -11- STATE OF NEW YORK: . ss . COUNTY OF SUFFOLK : On this day of before me personally came ANNA K. PLOCK to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. ------------- Notary Public STATE OF NEW YORK: . ss . COUNTY OF SUFFOLK: On this day of , before me personally came CAROL ANNE WEIL f/k/a CAROL ANNE PLOCK to me known to be the individual described in and who executed the foregoing instrument , and acknowledged that she executed the same individually and as trustee . Notary Public STATE OF NEW YORK: ss . COUNTY OF SUFFOLK: On this day of before me personally came DEBORAH ANNE PLOCK to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. Notary Public -12- STATE OF NEW YORK: Ss . COUNTY OF SUFFOLK: On this day of before me personally came WILLIAM JOHN PLOCK to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same . Notary Public STATE OF NEW YORK: ss . COUNTY OF SUFFOLK : On this day of before me personally came KATHERINE MARIAN ROKE f/k/a KATHERINE MARIAN PLOCK to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same . Notary Public STATE, OF NEW YORK: SS . COUNTY OF SUFFOLK: On this day of before me personally came RICHARD F. LARK to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same . Notary Public -13- SCHEDULE A COMMON RIGHT-OF-WAY EASEMENT FROM NORTH BAYVIEW ROAD TO LOT 5 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Bayview, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows : BEGINNING at a point on the northerly side of North Bayview Road at the southwesterly corner of land now or formerly James C. Boyle and Patricia Boyle, said point being situate the following two (2) courses and distances as measured along the northerly side of North Bayview Road from the intersection of the northerly side of North Bayview Road and the easterly side of Reydon Road : 1) South 86 deg . 2.4 min. 02 sec. East 597 . 82 feet, 2) South 86 deg . 56 min. 11 sec. East 387 . 32 feet; RU1414ING thence from said point of beginning North 86 deg . 56 min. 11 sec. West along the northerly side of North Bayview Road 50 . 23 feet to a point; RUNNING thence North 8 deg . 33 min. 49 sec. East through land now or formerly Robert Herman 1094 . 58 feet to "Map of Plock Shellfisher Preserve" ; RUNNING thence South 83 deg. 01 min. 21 sec. East along "Map of Shellfisher Preserve" 50. 02 feet to a point; RUNNING thence South 8 deg. 33 min. 49 sec. West through land now or formerly Robert Herman, along land now or formerly John L. Plock, Jr. and Carol A. Plock and along land now or formerly James C. Boyle and Patricia Boyle 1091 . 15 feet to the northerly side of North Bayview Road and to the point or place of BEGINNING. SCHEDULE B RESIDENTIAL INGRESS AND EGRESS EASEMENT OVER LOT 5 1 All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Bayview, Town of Southold, County of Suffolk, and State of New York, known and designated as Right of Way "Map of Plock Shellfisher Preserve" more particularly bounded and described as follows: BEGINNING at a point on the division line between Lot 5 "Map of Plock Shellfisher Preserve" and land now or formerly Robert Herman, where said division line is intersected by the easterly side of a certain 50 foot wide Right of Way leading from North Bayview Road to the aforementioned "Map of Plock Shellfisher Preserve" , said point being situate the following three (3) courses and distances from the intersection of the easterly side of Reydon Road and the northerly side of North Bayview Road : 1) South 86 deg . 24 min . 02 sec. East 597 . 82 feet along the northerly side of North Bayview Road, 2) South 86 deg. 56 min. 11 sec. East 387 . 32 feet still along the northerly side of North Bayview Road, 3) North 08 deg. 33 min. 49 sec. East 1091 . 15 feet along land now or formerly James C. Boyle and Patricia Boyle, along land now or formerly John L. Plock, Jr. and Carol A. Plock and through land now or formerly Robert Herman, being along the easterly side of the aforementioned 50 foot wide Right of Way leading from North Bayview Road to the "Map of Plock Shellfisher Preserve" ; RUNNING thence from said point of beginning North 83 deg. O1 min. 21 sec. West along the division line between Lot 5 "Map of Plock Shellfisher Preserve" and land now or formerly Robert Herman 50 . 02 feet to a point; RUNNING thence through Lot 5 "Map of Plock Shellfisher Preserve" the following four (4) courses and distances: 1) North 08 deg. 33 min. 49 sec. East 1 . 38 feet, 2) on a curve to the right having a radius of 135 . 00 feet a distance of 208 . 32 feet, 3) South 83 deg. 01 min . 21 sec. East 161 . 72 feet, 4) on a curve to the left having a radius of 125 . 00 feet a distance of 250 . 62 feet to the division line between Lot 4 and Lot 5 "Map of Plock Shellfisher Preserve" ; RUNNING thence North 72 deg. 06 min . 13 sec. East along the division line between Lot 1 and Lot 5 "Map of Plock Shellfisher Preserve" 70 . 48 feet to land now or formerly Robert Herman; RUNNING thence South 08 deg. 33 min. 49 sec. West along land now or formerly Robert Herman 87 . 10 feet to a point; RUNNING thence through Lot 5 "Map of Plock Shellfisher Preserve" the following three (3) courses and distances : 1) on a curve to the right having a radius of 175 . 00 feet a distance of 270. 04 feet, 2) North 83 deg. 01 min. 21 sec. West 161 . 72 feet, 3) on a curve to the left having a radius of 85 . 00 feet a distance of 131 . 16 feet to the division line between Lot 5 "Map of Plock Shellfisher Preserve" and land now or formerly Robert Herman and to the point or place of BEGINNING. SCHEDULE C RESIDENTIAL INGRESS AND EGRESS EASEMENT OVER LOTS 1 and 4 All that certain plot, piece or parcel , with the buildings and improvements thereon erected, situate, lying and being at Bayview, Town of Southold, county of Suffolk, and State of New York, known and designated as Right of Way "Map of Plock Shellfisher Preserve" more particularly bounded and described as follows: BEGINNING at a point formed by the intersection of the lines of Lot 1, Lot 2 , Lot 3 , and Lot 4 "Map of Plock Shellfisher Preserve" ; RUNNING thence from said point of beginning South 81 deg, 26 min. 11 sec. East along the division line between Lot 1 and Lot 2 "Map of Plock Shellfisher Preserve" 25. 07 feet to a point; RUNNING thence through Lot 1 "Map of Plock Shellfisher Preserve" the following eight (8) courses and distances : 1) South 14 deg. 03 min . 49 sec. West 30 . 00 feet , 2) North 81 deg. 26 min . 11 sec. West 10 . 00 feet, 3) South 14 deg. 03 min. 49 sec. West 27 . 33 feet, 4) on a curve to the left having a radius of 170 . 00 feet a distance of 106 . 01 feet, 5) South 21 deg. 39 min. 55 sec. East 40 . 00 feet, 6) on a curve to the right having a radius of 480. 00 feet a distance of 144 . 09 feet, 7) on a curve to the left having a radius of 270 . 00 feet a distance of 164 . 80 feet, 8) on a curve to the right having a radius of 165 . 00 feet a distance of 62 . 03 feet to the division line between Lot 1 and Lot 5 "Map of Plock Shellfisher Preserve" ; RUNNING thence South 72 deg. 06 min. 13 sec. West along the division line between Lot 1 and Lot 5 and along the terminus of another Right of Way "Map of Plock Shellfisher Perserve" 15. 00 feet to Lot 4 "Map of Plock Shellfisher Preserve" ; RUNNING thence South 72 deg. 06 min. 13 sec. West along the division line between Lot 4 and Lot 5 and still along the terminus of another Right of Way "Map of Plock Shellfisher Preserve" 15 . 00 feet to a point; RUNNING thence through Lot 4 "Map of Plock Shellfisher Preserve" the following eight (8) courses and distances : 1) on a curve to the left having a radius of 135 . 00 feet a distance of 50 . 75 feet, 2) on a curve to the right having a radius of 300 . 00 feet a distance of 183 . 11 feet, 3) on a curve to the left having a radius of 450 . 00 feet a distance of 1.35 . 09 feet, 4 ) North 21 deg. :39 min . 55 sec. West 40 . 00 feet, 5) on a curve to the right having a radiis of 200 . 00 feet a distance of 124 . 72 feet, 6) North 14 deg. 03 min . 49 sec. East 24 . 44 feet, 7) North 81 deg. 26 min. 11 sec. West 10 . 00 feet, 8) North 14 deg. 03 min. 49 sec. East 30 . 00 feet to the division line between Lot 3 and Lot 4 "Map of Plock Shellfisher Perserve" ; RUNNING thence South 81 deg. 26 min. 11 sec. East along the division line between Lot 3 and Lot 4 "Map of Plock Shellfisher Preserve" 25 . 07 feet to the point of place of BEGINNING. SCHEDULE D BOAT EASEMENT AREA All that certain plot, piece or parcel, with the buildings and improvements thereon erected, situate, lying and being at Bayview, Town of Southold, County of Suffolk, and State of New York, known and designated as "Easement" , "Map of Plock Shellfisher Preserve" more particularly bounded and described as follows : BEGINNING at a point on the division line between Lot 3 and Lot 4 "Map of Plock Shellfisher Preserve" , adjoining a Right of Way shown on said Map, said point being situate North 81 deg. 26 min . 11 sec. West 25 . 07 feet as measured along the division line between Lot 3 and Lot 4 "Map of Plock Shellfisher Preserve" , from the southwesterly corner of Lot 2 "Map of Plock Shellfisher Preserve" ; RUNNING thence from said point of beginning South 14 deg . 03 min . 49 sec. West through Lot 4 and along said Right of Way "Map of Plock Shellfisher Preserve" 15 . 07 feet to a point; RUNNING thence North 81 deg. 26 min . 1. :1 sec . West through Lot 4 "Map of Plock Shel.lf.i.sher. Preserve" 188 . 95 feet to the division line between Lot- 4 and Lot 5 "Map of Plock Shellfisher Preserve" ; RUNIVING thence through Lot 5 "Map of ('.lock Shellfisher Peeserve" the following nine (9) courses and distances : 1) North 81 deg . 26 min. 11 sec. West 15 . 01 feet, 2) North 10 deg . 03 min. 49 sec. East 155. 40 feet, 3) North 79 deg. 56 min. it sec. West 65 . 00 feet, 4 ) South 10 deg . 03 min. 49 sec. West 170 . 00 feet, 5) North 79 deg. 56 min. 11 sec. West 180 . 00 feet, 6) North 10 deg . 03 min. 49 sec. East 125 . 00 feet, 7) South 79 deg . 56 min. 11 sec. East 165 . 00 feet , 8) North 10 deg . 03 min. 49 sec. East 60 . 00 feet, 9) South 79 deg. 56 min. 11 sec. East 95 . 00 feet to the division line between Lot 5 and Lot 3 "Map of Plock Shellfisher Preserve" ; RUNNING thence South 10 deg. 03 min. 49 sec. West along the division line between Lot 5 and Lot 3 "Map of Plock Shellfisher Preserve" 155 . 00 feet to the division line between Lot 3 and Lot 4 "Map of Plock Shell- fisher Preserve" ; RUNNING thence South 81 deg . 26 min. 11 sec. East along the division line between Lot 3 and Lot 4 "Map of Plock Shellfisher Preserve" 190 . 00 feet to a Right of Way shown on said Map and the point or place of BEGINNING. SCHEDULE E BOAT EASEMENT RIGHT-OF-WAY All that certain plot, piece, or parcel of land , situate, lying and being at Bayview, Town of Southold , County of Suffolk and State of New York, designated as Boat Easement Area Right of Way "Map of Plock Shellfisher Preserve" , being 15 feet in width over Lot 5 "Map of Plock Shellfisher Preserve" and leading from a certain Right of Way providing access to Lots 1 , 2 , 3 , and 4 "Map of Plock Shellfisher Preserve" , the centerline of which is more particularly bounded and described as follows : BEGINNING at a point in Lot 5 "Map of Plock Shellfisher Preserve" on the westerly side of a certain Right of Way "Map of Plock Shellfisher Preserve providing access to Lots 1 , 2 , 3 , and 4 "Map of Plock Shellfisher Preserve" , said point being situate the following four (4) course and distances from the intersection of the easterly side of Reydon Road and the northerly side of North Bayview Road : 1 . South 86 deg . 24 min. 02 sec. East 597 . 82 feet along the northerly side of North Bayview Road , 2 . South 86 deg . 56 min. 11 sec. East 337 . 09 feet still along the northerly side of North Bayview Road, 3 . North 08 deg . 33 min . 49 sec. East 1095 . 96 feet along the westerly side of a certain 50 foot wide Right of Way shown on "Map of Plock Shellfisher Preserve" , 4 . on a curve to the right having a radius of :135 . 00 feet a distance of 93 . 66 feet still along the westerly side of a certain 50 foot wide Right of Way shown on "Map of Plock Shellfisher Preserve" ; RUNNING thence from said point of beginning westerly and northerly generally following an existing traveled roadway and through Lot 5 "Map of Plock Shellfisher Preserve" the following eight (8) courses and distances : 1 . on a curve to the left having a radius of 57 . 50 feet a distance of 80 . 56 feet, 2 . North 83 deg. 47 min. 35 sec. West 118 . 41 feet, 3 . on a curve to the right having a radius of 75 . 00 feet a distance of 121 . 58 feet, 4 . North 09 deg. 05 min. 20 sec. East 91 . 07 feet, 5 . North 07 deg . 00 min. 59 sec. East 230 . 94 feet, 6 . North 00 deg . 28 min . 29 sec. West 90 . 34 feet, 7 . North 06 deg . 12 min. 28 sec. West 45 . 77 feet, 8 . North 08 deg . 19 min. 36 sec. East 172 . 47 feet to a point on the southerly boundary of the Boat Easement Area "Map of Plock Shellfisher Preserve" 7 . 50 feet easterly of the southwesterly corner of said Boat Easement Area . PLANNING BOARD MEMBERS " Richard G.Ward, Chairman Town Hall, 53095 Main Road George Ritchie Latham,Jr. a b'7 ,y P. O. Box 1179 Bennett Orlowski,Jr. ��'+. Aye'^' Southold, New York 11971 Mark S. McDonald ? � .x +� _= Fax(516)765-3136 Kenneth L. Edwards - Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 15, 1994 Mary Lou Folts, Esq. c/o Richard Lark, Esq. P.O. Box 973 Cutchogue, NY 11935 Re: Major subdivision for Anna K. Plock SCTM# 1000-79-5-20.2 Dear Ms. Folts: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, November 15, 1994: BE IT RESOLVED that the Southold Town Planning Board set Monday, December 12, 1994 at 7:35 p.m. for a final public hearing on the maps dated October 4, 1994. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman LAW OFFICES R ICHARD F. LARK MAIN ROAD-P.O.BOX 973 CUTCHOGUE.NEW YORK 11935-0973 TELEPHONE 516 734 6807 RICHARD F. LARK MARY Lou FOL.TS November 2, 1994 Melissa Spiro, Planner Southold Town Planning Board Town Hall, 53095 Main Road P. G. Bo 1179 Southold, NY 11971 RE : Subdivision - Plock Shellfisher Preserve Southold, New York SCTM# 1000-79-5-20 . 2 Dear Miss Spiro: Pursuant to your recent inquiry, please be advised the right of way from North Bayview Road to the subdivision is known as "Shellfisher Road" . Very truly yours, D� Mary MLF/lc NOV 41994 SOUTHOLD TOWN PLANNING BOARD MS LAW OFFICES RICHARD F. LARK MAIN ROAD P.O.BOX 973 CUTCHOGUE.NEW YORK 119350973 TELEPHONE 516 734-6607 RICHARD F. LARK MARY Lou FOLTs October 31, 1994 Melissa Spiro, Planner Southold Town Planning Board Town Hall, 53095 Main Road P. O. Bo 1179 Southold, NY 11971 RE: Subdivision - Plock Shellfisher Preserve Southold, New York SCTM# 1000-79-5-20 .2 Dear Miss Spiro: This will confirm my delivery* to you today of the following: 1 . REVISED draft of proposed Declaration of Protective Covenants, Restrictions and Easements with attached Schedules A through E . 2 . REVISED draft of proposed By-Laws of Plock Shellfisher Preserve Homeowners Association. It is my understanding you will forward these to the Town Attorney for review in lieu of the draft Declaration and By-Laws which I previously delivered to you on October 28, 1994 . The revisions were to correct various typographical errors, and to provide Schedules A through E which were inadvertently omitted from the previous draft Declaration. Thank you for your attention to this matter. Very truly yours, Mary Lou Folts MLF/m Enclosures l5 l�7 L5 _�II hl l _ NOV 3 E94 w; 9 LI1lj 11 I' MS SUBMISSION WITHOUT COVER LETTER DATE: �0131�54 SENDER: (Y�ry �ou Folt2 SUBJECT: tc1c C+�,> SCTM7 : COMMENTS: l�P�J C�ieS Ao M ort, NOV 11994 SOIL?N:;iil T;r';�.I DRAFT - - D R A F T O F P R O P O S E D BY—LAWS OF PLOCK SHELLFISHER PRESERVE HOMEOWNERS ASSOCIATION, INC. E " �1994 N'OAon BY-LAWS OF PLOCR SHELLFISHER PRESERVE HOMEOWNERS ASSOCIATION, INC. TABLE OF CONTENTS ARTICLE I . NAME, LOCATION AND PRINCIPAL OFFICE . . . . 1 ARTICLE II . DEFINITIONS . . . . . . . . . . . . . . . . 1 ARTICLE III . PURPOSE . . . . . . . . . . . . . . . . . . 2 ARTICLE IV. APPLICABILITY . . . . . . . . . . . . . . . 2 ARTICLE V. USE OF FACILITIES . . . . . . . . . . . . . 2 ARTICLE VI . MEMBERSHIP AND VOTING RIGHTS . . . . . . 2 Section 1 . Membership . . . . . . . . . . . . . . . 2 ARTICLE VII QUORUM, PROXIES AND WAIVERS . . . . . . 3 Section 1 . Quorum . . . . . . . . . . . . . 3 Section 2 . Vote Required to Transact Business . . . 3 Section 3 . Right to Vote. . . . . . . . . . . . . . 3 Section 4 . Proxies . . . . . . . . . . . . . . . . . 4 Section 5 . Waiver and Consent . . . . . . . . . . . 4 Section 6 . Place of Meeting . . . . . . . . . . . . 4 Section 7 . Annual Meetings . . . . . . . . . . . . . 4 Section 8 . Special Meetings . . . . . . . . . . . . 4 Section 9 . Notice of Meetings . . . . . . . . . . . 4 Section 10. Order of Business . . . . . . . . . . . 4 ARTICLE VIII . BOARD OF DIRECTORS . . . . . . . . . . . . 5 Section 1 . Number and term . . . . . . . . 5 Section 2 . Voting and Right of Developer to Designate Certain Board Members . . . . . . . . . 5 Section 3 . Vacancy and Replacement . . . . . . . . . 5 Section 4 . Removal . . . . . . . . . . . . . . . . . 6 Section5 . Powers . . . . . . . . . . . . . . . . 6 Section 6 . Compensation. . . . . . . . . . . . . . . 7 Section 7 . Meetings . . . . . . . . . . . . . . . . . 7 Section 8 . Annual Statement. . . . . . . . . . . . . 8 ARTICLE IX. OFFICERS. . . . . . . . . . . . . . . . . . 8 Section 1 . Elective Officers . . . . . . . . . . . . 8 Section 2 . Election. . . . . . . . . . . . . . 9 Section 3 . Appointive Officers . . . . . . . . . . . 9 Section 4 . Term. . . . . . . . . . . . . . . . . 9 Section 5. The President . . . . . . . . . . . . . . 9 Section 6 . The Vice President. . . . . . . . . . . . 9 Section 7 . The Secretary . . . . . . . . . . . . . . 9 Section 8 . The Treasurer . . . . . . . . . . . . . . 10 Section 9 . Agreements, etc . . . . . . . . . . . . . . 10 ARTICLE X. NOTICES . . . . . . . . . . . . . . . . . . 10 Section 1 . Definitions . . . . . . . . . . . . . 10 • Section 2 . Service of Notice Waiver. . . . . . . . . 10 ARTICLE XI ASSESSMENTS AND FINANCES. . . . . . . . . . 11 Section 1 . Purpose of Assessments . . . . . . . . . . 11 Section 2 . Basis of Assessments . . . . . . . . . . . 11 Section 3 . Date of Commencement of Assessments : Due Dates . . . . . . . . . . . . . . 11 Section 4 . Effect of Non-Payment of Assessment. . . 11 Section 5 . Subordination of Lien to Mortgages . . . 11 Section 6 . Checks . . . . . . . . . . . . . . . . . 11 Section 7 . Operating Account. . . . . . . . . . . . 11 Section 8 . Other Accounts . . . . . . . . . . . . . 11 ARTICLE XII . AMENDMENTS . . . . . . . . . . . . . . . . 11 ARTICLE XIII . SELLING, LEASING AND GIFTS OF HOMES. . . . 12 Section 1 . Selling and Leasing Homes . . . . . . . . 12 Section 2 . Gifts, etc. . . . . . . . . . . . . . . . 12 ARTICLE XIV. GENERAL PROVISIONS . . . . . . . . . . . . 13 Section 1 . Fiscal Year. . . . . . . . . . . . . . . 13 Section 2 . Seal . . . . . . . . . . . . . . . . . . 13 Section 3 . Examination of Books and Records . . . . . 13 Section 4 . Construction . . . . . . . . . . . . . . 13 Section 5 . Severability . . . . . . . . . . . . . . 13 BY-LAWS OF PLOCK SBELLFISBER PRESERVE HOMEOWNERS ASSOCIATION, INC. A New York Not-For-Profit Corporation ARTICLE I . NAME, LOCATION AND PRINCIPAL OFFICE These are the By-Laws of Plock Shellfisher Preserve Homeowners Association, Inc. hereinafter referred to as the "Association" . The principal office of the Association shall be located at North Bayview Road, County of Suffolk and State of New York. ARTICLE II . DEFINITIONS The following words when used in these By-Laws shall, unless the context otherwise prohibits, have the meanings set forth below: (a) "Association" shall mean and refer to Plock Shellfisher Preserve Homeowners Association, Inc. , a New York Not-for-Profit Corporation. (b) "Developer" shall mean and refer to Plock Family Joint Venture c/o Richard F. Lark, Managing Agent, Main Road, P. O. Box 973, Cutchogue, New York 11935, and its successors and assigns if such successors and assigns should acquire an undeveloped or developed but unsold portion of The Properties from the developer for the purpose of development. (c) "Declaration" shall mean and refer to the Declaration of Protective Covenants, Restrictions and Easements applicable to The Properties recorded among the land records in the Clerk of the County of Suffolk, New York. (d) "The Properties" shall mean and refer to all property in the Development, including the easement areas of land described in and subject to the Declaration. (e) "Lot" shall mean and refer to any plot of land in tended and subdivided for residential uses shown on the subdivision map of the Properties but shall not include the Common Areas as herein defined. (f) "Member" shall mean and refer to each holder of a membership interest in the Association, as such interest is set forth in Article VI . (g) "Home" shall mean and refer to all units of residential housing situated upon lots located on The Properties . (h) "Owner" shall mean and refer to the record owner of fee simple title to any Lot, including the Developer with respect to any unsold Lot. Every Lot Owner shall be treated for all purposes as a single owner for each Lot held, irrespective of whether such ownership is joint, in common or tenancy by the entirety. Where such ownership is joint, in common or tenancy by the entirety, majority vote of such owners shall be necessary to cast any vote to which such owners are entitled, but not more than one vote may be cast with respect to any such Lot. (i) "Common Properties" or "Common Areas" shall mean and refer to certain easement areas and rights of ways, other than individual Lots as shown on the filed subdivision map and intended to be devoted to the common use and enjoyment of the owners of the Properties . ( j ) "Development" shall mean Plock Shellfisher Preserve, consisting of four (4) residential Lots and Lot 5 to the conveyed to Peconic Land Trust, having uses as set forth in the Declaration. ARTICLE III . PURPOSE This Association is formed to maintain the Common Properties. ARTICLE IV. APPLICABILITY All present and future Members shall be subject to these By-Laws and to the rules and regulations issued by the Association to govern the conduct of its Members . ARTICLE V. USE OF FACILITIES The Common Properties shall be limited to the use by the Members and their guests . In the event that a Member shall lease or permit another to occupy any Home located on a Lot, however, the lessee or occupant shall at the option of the Member, be permitted to enjoy the use of the Common Properties in lieu of and subject to the same restrictions and limitations as said Member. However, both the Member and the Lessee may not use the facilities at the same time. Any Member, lessee or occupant entitled to the use of the Association facilities may extend such privileges to members of his family residing in his household by notifying the Secretary in writing of the names of any such persons and of the relationship of such Member, lessee or occupant to such persons . 2 ARTICLE VI . MEMBERSHIP AND VOTING RIGHTS Section 1 . Membership. The Association shall have one class of membership interest as follows : The Owner of each Lot on the Properties shall be a member of the Association whether such ownership is joint, in common or tenancy by the entirety. Each member is entitled to one vote. When more than one person or entity holds such interest in any Lot, the one vote attributable to such Member shall be exercised as such persons mutually determine but not more than one vote may be cast with respect to any such Lot. No member shall split or divide its votes on any motion, resolution or ballot. ARTICLE VII . QUORUM, PROXIES AND WAIVERS Section 1 . Quorum. So many Members as shall represent at least 51% of the total authorized votes of all Members present in person or represented by written proxy shall be requisite to and shall constitute a quorum at all meetings of the Association for the transaction of business, except as otherwise provided by Statute, by the Declaration, the Certificate of Incorporation of the Association or by these By-Laws . If, however, such quorum shall not be present or represented at any meeting of the Association, the Members entitled to vote thereat, present in person or represented by written proxy, shall have the power to adjourn the meeting. At least 5 days written notice of such adjourned meeting shall be given to all Members. At such adjourned meeting any business may be transacted which might have been transacted at the meeting originally called. At such adjourned meeting, so many members as shall represent at least 33 1/3% of the total authorized votes of all members shall constitute a quorum. Section 2 . Vote Required to Transact Business . When a quorum is present at any meeting, or the necessary number of members at any adjourned meeting, the vote of a majority of the Members present in person or represented by written proxy shall decide any question brought before such meeting and such vote shall be binding upon all Members, unless the question is one upon which by express provision of the Statute, Declaration, Certificate of Incorporation or of these By-Laws, a different vote is required, in which case such express provisions shall govern and control the decision of such question. Section 3 . Right to Vote. Members shall be entitled to vote either in person or by proxy at any meeting of the Association. Any such proxy shall only be valid for such meeting or subsequent adjourned meetings thereof . 3 Section 4 . Proxies . All proxies shall be in writing signed by the owner, and shall be filed with the Secretary prior to the meeting at which the same are to be used. A notation of such proxies shall be made in the minutes of the meeting. Section 5 . Waiver and Consent. Whenever the vote of the membership at a meeting is required or permitted by Statute or by any provision of the Declaration, Certificate of Incorporation or by these By-Laws to be taken in connection with any action of the Association, the meeting and vote of the membership may be dispensed with if all Members who would have been entitled to vote upon the action if such meeting were held, shall consent in writing to such action being taken. Section 6 . Place of Meeting. Meetings shall be held at any suitable place convenient to the Members as may be designated by the Board of Directors and designated in the notices of such meetings . Section 7 . Annual Meetings . The first annual meeting of the membership of the Association shall be held within six ( 6) months of the closing of the first Lot. Thereafter, the annual meeting of the membership of the Association shall be held on such date as is fixed by the Board of Directors . At such meetings there shall be elected by ballot of the membership a Board of Directors in accordance with the requirements of Article VIII of these By Laws . The Members may also transact such other business as may properly come before the meeting. Section 8 . Special Meetings . It shall be the duty of the President to call a special meeting of the Association, if so directed by the Board of Directors, or upon the presentation to the Secretary of a petition signed by a majority of the Members . Section 9 . Notice of Meetings . It shall be the duty of the Secretary to mail a notice of each annual or special meeting, stating the purpose thereof as well as the time and place where it is to be held, to each Member at least ten but not more than thirty days prior to such meeting. The mailing of a notice in the manner provided in these By-Laws shall be considered notice served. Section 10 . Order of Business . The order of business at all meetings shall be as follows : (a) Roll call (b) Proof of notice of meeting or waiver of notice (c) Reading of minutes of preceding meeting (d) Report of officers (e) Report of committees 4 (f) Appointment of inspectors of election (in the event there is an election) (g) Election of Directors (in the event there is an election) (h) Unfinished business (i) New business ARTICLE VIII . BOARD OF DIRECTORS Section 1 . Number and term. The number of Directors which shall constitute the whole Board shall be three. An initial Board consisting of three Directors shall be designated by the Developer to serve until the first annual meeting of the Association. At the first annual meeting and at all subsequent annual meetings the Members shall vote for and elect three directors to serve for one year terms and until their successors have been duly elected and qualified. All directors, other than those the Developer shall have the right to designate, must either be Members of the Association or immediate family members of a member owning a Lot or residing in any Member ' s home that may be located on a Lot. As required by law, each Director shall be at least eighteen years of age. Section 2 . Voting and Right of Developer to Designate Certain Board Members . In an election of Directors, each Member shall be entitled to one ( 1) vote. Notwithstanding the foregoing, the Developer shall have the right to designate two (2 ) or a majority of the Directors whichever is greater, until the fifth anniversary date of the closing of title to the first Lot or until 60% of the Lots in the Development have closed title, whichever is sooner. Thereafter, the Developer shall have the right to designate one Director so long as it holds at least one membership. When the Developer no longer has any Lots for sale, it may not designate any Directors . Developer may not cast its votes to elect any Directors in addition to the designated Directors set forth above. The provisions of Article VIII Sections 1 and 2 may not be amended without the written consent of the Developer. Section 3 . Vacancy and Replacement. If the office of any Director other than a Director appointed by the Developer, becomes vacant by reasons of death, resignation, retirement, disqualification, removal from office or otherwise, a majority of the remaining Directors, though less than a quorum, at a special meeting of Directors duly called for this purpose, shall choose a successor, who shall hold office for the unexpired term in respect of which such vacancy occurred and until his successor is duly elected and qualified. In the event a Director appointed by Developer resigns, the Developer shall have the right to appoint another Director in his place. 5 Section 4 . Removal . Directors may be removed for cause by an affirmative vote of a majority of the Members. No Director, other than a designee of the Sponsor, shall continue to serve on the Board if, during his term of office, he shall cease to be a Member. Section 5 . Powers . (a) The business of the Association shall be managed by its Board of Directors, which may exercise all such powers of the Association and do all such lawful acts and things as are not by Statute, Declaration, Certificate of Incorporation or by these By-Laws, directed or required to be exercised or done by the Members or Owners personally. These powers shall specifically include, but not be limited to the following items: 1 . To determine and levy assessments ( "Association assessments" ) to cover the cost of maintaining the Properties payable in advance. The Board of Directors may increase the assessments or vote a special assessment in excess of that amount, if required, to meet any additional necessary expenses . 2 . To collect, use and expend the assessments collected to maintain, care for and preserve the easement areas, rights of ways, boat basin and channel dredging. 3 . To make repairs, restore or alter the Common Properties after damage or destruction by fire or other casualty or as a result of condemnation or eminent domain proceedings . 4 . To open bank accounts and borrow money on behalf of the Association and to designate the signatories to such bank accounts . 5 . To collect delinquent assessments by suit or otherwise, to abate nuisances and to enjoin or seek damages from Members for violations of the Declaration of Protective Covenants, Restrictions and Easements herein referred to. 6 . To employ workmen, contractors and supervisory personnel, and to purchase supplies and equipment, to enter into contracts to provide maintenance and other services, and generally to have the power of Directors in connection with the matters hereinabove set forth. 7 . To bring and defend actions by or against one or more Members pertinent to the operation of the Association and to assess special assessments to pay the cost of such litigation. 6 8 . To hire a Managing Agent to perform and exercise the powers of the Board of Directors in the management of the Development. 9 . (a) The Board of Directors may, by resolution or resolutions, passed by a majority of the whole Board, designate one or more committees, each of such committees to consist of at least three ( 3) Members or immediate family members of a Member owning a Lot or residing in any home on a Lot of a Member, one of whom shall be a Director, which, to the extent provided in said resolution or resolutions, shall have and may exercise the powers of the Board of Directors in the management of the business and affairs of the Association and may have power to sign all papers which may be required, provided the said resolution or resolutions shall specifically so provide. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors . Committees established by resolution of the Board of Directors shall keep regular minutes of their proceedings and shall report the same to the Board as required. (b) Notwithstanding anything to the contrary contained in these By-Laws, so long as the Developer or its designee shall continue to own lots representing at least 40% of the total lots in the development or more, but in no event later than 5 years from the closing of title to the first lot, the Board of Directors may not, without the Developer' s prior written consent (i) make any addition, alteration or improvement to the common area, or (ii) assess any Association charges for the creation of, addition to or replacement of all or part of a reserve, contingency or surplus fund or, (iii) enter into any service or maintenance contract for work not covered by contracts in existence on the date the said Plan is declared effective or, (iv) borrow money on behalf of the Association or, (v) increase or decrease the services or maintenance; (vi) purchase any materials, equipment or other goods costing in excess of $2,500 . Developer shall not use its veto power or control of the Board of Directors to reduce the level of services described in the Offering Plan or prevent capital repairs or prevent expenditures required to comply with applicable laws or regulations . Section 6 . Compensation. Directors and officers, as such, shall receive no compensation for their services . Section 7 . Meetings . (a) The first meeting of each Board newly elected by the Members shall be held immediately upon adjournment of the meeting at which they were elected, provided a quorum shall then be present, or as soon thereafter as may be practicable. The annual meeting of the Board of Directors 7 shall be held at the same place as the annual meeting of Association Members and immediately after the adjournment of same, at which time the dates, places and times of regularly scheduled meetings of the Board shall be set. (b) Regularly scheduled meetings of the Board may be held without special notice. (c) Special meetings of the Board may be called by the President on two (2 ) days notice to each Director either personally or by mail or telegram. Special meetings shall be called by the President or Secretary in a like manner and on like notice on the written request of at least two (2) Directors . (d) At all meetings of the Board, a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business, and an act of a majority of the Directors present at any meeting at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by Statute or by the Declaration or by these By-Laws . If a quorum shall not be present at any meeting of Directors, the Directors present thereat may adjourn the meeting from time to time, without notice other than announcement at the meeting until a quorum shall be present. (e) Before or at any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof . If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. Section 8 . Annual Statement. The Board of Directors shall furnish to all Members and shall present annually (at the annual meeting) and when called for by a vote of the Members at any special meeting of the Members, a full and clear statement of the business conditions and affairs of the Association, including a balance sheet and profit and loss statement compiled by an independent certified public accountant and a statement regarding any taxable income attributable to the Members and a notice of the holding of the annual meeting of Association members . ARTICLE IX. OFFICERS Section 1 . Elective Officers . The officers of the Association shall be chosen by the Board of Directors and shall consist of a President, a Vice-President, a Secretary and a Treasurer. The Board of Directors may also choose one or more Assistant Secretaries and Assistant Treasurers and 8 such other officers as in their judgment may be necessary. All officers must be either members of the Board of Directors or members of the Association. Other than the President, two or more offices may be held by the same person. Section 2 . Election. The Board of Directors, at its first meeting after each annual meeting of Association Members, shall elect a President, a Vice President, a Secretary and a Treasurer. Only the President must be a member of the Board. Section 3 . Appointive Officers. The Board may appoint such other officers and agents as it shall deem necessary who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. Section 4. Term. The officers shall hold office for a period of one year or until their successors are chosen and qualify in their stead. Any officer elected or appointed by the Board of Directors may be removed with or without case, at any time, by the affirmative vote of a majority of the Board of Directors, provided prior notice was given to all Board members that this item was on the agenda for such meeting. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors . Section 5 . The President. The President shall be the chief executive officer of the Association; he shall preside at all meetings of the Association Members and the Board of Directors, shall be an ex-officio member of all standing committees, shall have general and active management of the business of the Association, shall see that all orders and resolutions of the Board are carried into effect and shall have such other powers and duties as are usually vested in the office of President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. Section 6 . The Vice President. The Vice President shall take the place of the President and perform his duties whenever the President shall be absent or unable to act and shall have such other powers and duties as are usually vested in the office of Vice President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. Section 7 . The Secretary. The Secretary and/or Assistant Secretary shall attend all sessions of the Board and all meetings of Association Members and record all votes and the minutes of all proceedings in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be 9 0 given, notice of all meetings of Association Members and special meetings of the Board of Directors, and shall perform such other duties as may be prescribed by the Board of Directors or by the President, under whose supervision he shall be. Section 8 . The Treasurer. The Treasurer shall have the custody of the Association funds and securities and shall keep full and accurate chronological accounts of receipts and disbursements in books belonging to the Association including the vouchers for such disbursements, and shall deposit all monies, and other valuable effects in the name and to the credit of the Association in such depositories as may be designated by the Board of Directors . These duties may also be exercised by the Managing Agent, if any. However, such Managing Agent shall not replace the Treasurer. He shall disburse the funds of the Association as he may be ordered by the Board, making proper vouchers for such disbursements and shall render to the President and Directors, at the regular meeting of the Board or whenever they may require it, an account of all his transactions as Treasurer, and of the financial condition of the Association. He shall keep detailed financial records and books of account of the Association, including a separate account for each Member, which among other things, shall contain the amount of each assessment, the date when due, the amount paid thereon and the balance remaining unpaid. Section 9 . Agreements, etc . All agreements and other instruments shall be executed by the President or such other person as may be designated by the Board of Directors . ARTICLE X. NOTICES . Section 1 . Definitions . Whenever under the provisions of the Declaration or of these By-Laws, notice is required to be given to the Board of Directors or to any Director or Association Member, it shall not be construed to mean personal notice; but such notice may be given in writing, by mail, by depositing the same in a post office or letter box in a postpaid sealed wrapper, addressed to the Board of Directors, such Director, or Member, at such address as appears on the books of the Association. Section 2 . Service of Notice Waiver. Whenever any notice is required to be given under the provisions of the Declaration, or of these By-Laws, a waiver thereof, in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent thereof. 10 ARTICLE XI . ASSESSMENTS AND FINANCES Section 1 . Purpose of Assessments . The purpose of assessments is as specified in Article V C. of the Declaration. Section 2 . Basis of Assessments . The basis of the Assessments is as specified in Article I of the Declaration. Section 3 . Date of Commencement of Assessments: Due Dates. The date of commencement and the due dates of assessments shall be upon closing of title to a lot in the Development and as provided in the Declaration. Section 4 . Effect of Non-Payment of Assessment: Remedies of the Association. The effect of non-payment of assessments and the remedies of the Association shall be as specified in Article V G. of the Declaration. Section 5 . Subordination of Lien to Mortgages . The lien of the assessments provided for herein shall be subordinated pursuant to the provisions of Article V F. of the Declaration. Section 6 . Checks . All checks or demands for money and notes of the Association shall be signed by the President and Treasurer, or by such other officer or officers or such other person or persons as the Board of Directors may from time to time designate. Section 7 . Operating Account. There shall be established and maintained a cash deposit account to be known as the "Operating Account" into which shall be deposited the operating portion of all monthly and special assessments as fixed and determined for all members . Disbursements from said account shall be for the general needs of the operation including, but not limited to, wages, repairs, betterments, maintenance and other operating expenses of the community. Section 8 . Other Accounts . The Board shall maintain any other accounts it shall deem necessary to carry out its purposes . ARTICLE XII . AMENDMENTS . Except as otherwise provided, these By-Laws may be altered, amended or added to at any duly called meeting of Association Members provided: ( 1) that the notice of the meeting shall contain a full statement of the proposed amendment and (2 ) that the amendment shall be approved by vote of at least eighty (80%) percent of the members . No amendment, however, shall affect or impair the validity or 11 priority of the Members ' interests and the interests of holders of a mortgage encumbering a Member' s Lot or any Home constructed thereon. Not shall any amendment have the effect of infringing upon the Developer' s right to develop and make membership in or use of the Association available to purchasers or lessees of no more than four (4 ) residential Lots on the Properties . ARTICLE XIII . SELLING, LEASING AND GIFTS OF LOTS Section 1 . Selling and Leasing Lots or any Home thereon. Any Lot or Home thereon may be conveyed or leased by a Member free of any restrictions except that no Member shall convey, mortgage, pledge, hypothecate, sell or lease his Lot or Home thereon unless and until all unpaid Association expenses assessed against the Lot shall have been paid as directed by the Board of Directors . Such unpaid Association expenses, however, may be paid out of the proceeds from the sale of a Lot, or by the Grantee. Any sale or lease of a Lot or Home thereon in violation of this section shall be voidable at the election of the Board of Directors . Upon the written request of a Member or his mortgagee, the Board or its designee shall furnish a written statement of the unpaid charges due from such Member which shall be conclusive evidence of the payment of amounts assessed prior to the date of the statement. A reasonable charge may be made by the Board for the issuance of such statements . The provisions of this section shall not apply to the acquisition of a Lot or Home constructed thereon by a mortgagee who shall acquire title to such Home by foreclosure or be deed in lieu of foreclosure. In such event the unpaid assessments against the Lot or Home constructed thereon which were assessed and became due prior to the acquisition of title to such Lot or Home constructed thereon by such mortgagee shall be deemed waived by the Association and shall be charged to all other members of the Association as a common expense. Such provisions shall, however, apply to any assessments which are assessed and become due after the acquisition of title to such Lot or Home constructed thereon by the mortgagee and to any purchaser from such mortgagee. Whenever the term "Lot" is referred to in this Section, it shall include the Lot, the Home, the Member ' s interest in the Association and the Member' s interest in any Lots or Homes acquired by the Association. Section 2 . Gifts, etc. Any Member may convey or transfer his Lot or Home thereon by gift during his lifetime or devise his Lot or Home thereon by will or pass the same by intestacy without restriction. 12 ARTICLE XIV. GENERAL PROVISIONS Section 1 . Fiscal Year. The fiscal year of the Association shall be fixed by resolution of the Board of Directors . Section 2 . Seal. The Association seal shall have inscribed thereon the name of the Association and the year of its incorporation under the laws of the State of New York. The seal may be used by causing it or a facsimile thereof to be impressed or affixed or in any manner reproduced. Section 3 . Examination of Books and Records . Each Member, or their respective representatives and first mortgagees, shall be entitled to a reasonable examination of the books and records of the Association at any time upon reasonable notice to its Board of Directors . The Declaration, Certification of Incorporation and the By-Laws of the Association shall be available for inspection by any Member or first mortgagee at the principal office of the Association. Section 4 . Construction. Whenever the masculine singular form of the pronoun is used in these By-Laws, it shall be construed to mean the masculine, feminine or neuter, singular or plural, whenever the context so requires . In the case of any conflict between the Certificate of Incorporation and these By-Laws, the Certificate shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control . Section 5 . Severability, Should any of the covenants, terms or provisions herein imposed be or become unenforceable at law or in equity, the remaining provisions of these By-Laws shall, nevertheless, be and remain in full force and effect. 13 0ev�Sc� � DECLARA 104V PROTECTIVE C S, RESTRICTIONS AND BASEMENTS J. I'1 PLOCLFISHER PRESERVE ` at Bay*lew,' Town of Southold Suffolk County, New York DECLARATION made this day of , 1994 , by ANNA K . PLOCK, residing at 945 Hobart Road, Southold, New York 11971; CAROL ANNE WEIL f/k/a CAROL ANNE PLOCK, residing at 10003 North Bayview Road, Southold, New York 11971; DEBORAH ANNE PLOCK, residing at 10003 North Bayview Road, Southold, New York 11971; WILLIAM JOHN PLOCK, residing at 945 Jockey Creek Drive, Southold, New York 11971; KATHERINE MARIAN ROKE f/k/a KATHERINE MARIAN PLOCK, residing at 745 Case' s Lane, Cutchogue, New York 11935 ; CAROL ANNE WEIL f/k/a CAROL ANNE PLOCK, Trustee under the Will of JOHN L. PLOCK, JR. , residing at 10003 North Bayview Road, Southold, New York 11971; RICHARD F. LARK, residing at 28785 Main Road, Cutchogue, New York 11935 , JEROME F . HOLUB , JR. , residing at 78 Debbie Lane, Berkeley Heights , New Jersey 07922 , and WALLACE KANDELL, residing at 10578 Stonebridge Road, Boca Raton, Florida 33498 , Trustees of the Trust under the Will of JOHN L . PLOCK; hereinafter referred to as the "Declarants" . WHEREAS, Declarants are the owners in fee simple of the following real property described property: ALL those certain plots or parcels of land in the Town of Southold, County of Suffolk, State of New York, known and designated as Lots 1 through 5 on a certain map entitled "Map of Plock Shellfisher Preserve" at Bayview, Town of Southold, Suffolk County, New York, filed in the Office of the Clerk of the County of Suffolk on the day of , 1995 as Map No. WHEREAS, Declarants desire to provide for the preservation of the values of the lots and amenities as shown on the subdivision map and for the maintenance of roadways and easement areas and therefore create a homeowners association known as the " flock Shellfisher Preserve Homeowners Association , Inc . " under the not- for-profit corporation law of the State of New York for the purposes of maintaining , administering and enforcing the cove- nants and restrictions . NOW, THEREFORE, the aforedescribed premises shall be subject to the following covenants , restrictions and easements which shall run with the land . Nov 11994 m ! sourH:,_,?C4;�u ARTICLE I . EASEMENTS • A. The easements hereinafter described shall be appurtenant to and shall pass with the title to every tot to which the ease- ments apply. B. Lots 1, 2 , 3 , 4 and 5 shall each have an easement, in common with others, 50 feet in width, extending from North Bayview Road to the southerly portion of Lot 5 as shown on the subdivision map as "Right of Way", for the purpose of ingress , egress, and installation , maintenance and inspection of utilities . The expenses as determined by the Homeowners Association to be incurred for the improvement, maintenance and use of this portion of the easement area as described in Schedule A shall be shared equally by each of the owners of Lots 1, 2 , 3 , 4 and 5 . C . Lots 1 , 2 , 3 and 4 shall each have an easement , 50 feet in width , over and through portions of Lot 5 as shown on the subdivision map as "Right of Way" to the southerly portions of Lots 1 and 4 , for the purpose of ingress, egress, and installation , maintenance and inspection of utilities . The expenses as determined by the Homeowners Association to be incurred for the improvement , maintenance and use of this portion of the easement area as described in Schedule B shall be shared equally by the owners of Lots 1, 2 , 3 and 4 . 0. Lots 1, 2 , 3 and 4 shall each have an easement across portions of Lots 1 and 4 as shown on the subdivision map as "Right of Way" for the purpose of ingress , egress , and installa- tion , maintenance and inspection of utilities . The expenses as determined by the Homeowners Association to be incurred for the improvement , maintenance and use of this portion of the easement area as described in Schedule C shall be shared equally by the owners of Lots 1 , 2 , 3 and 4 . E. Lots 1, 2 , 3 and 4 shall each have an exclusive easement across Lot 4 and an easement in common with others across portions of Lot 5 , as shown on the subdivision map as "Easement" and "Boat Easement Area" for purposes of foot passage to and from the lagoon and for the dockage of boats and parking of vehicles . The owners of Lots 1 , 2 , 3 and 4 shall each have the exclusive right to use one side of a dock located in the "Boat Easement Area" for dockage of boats and each lot owner has the right to install and maintain utilities such as electricity, telephone and water to the docks . The assignment of dock slips shall be by the mutual agreement of the owners of Lots 1, 2 , 3 and 4 . In the event an agreement cannot be reached, then assignment shall be by lottery. The docks in the Boat Easement Area do not presently have utilities such as electricity, telephone or running water. It shall be the responsibility of each of the owners of Lots 1, -2- • 0 2 , 3 and 4 at their expense to install and maintain these utili- ties if such utilities are installed. However, all such utili- ties shall be run underground to the docks. Lots 1, 2 , 3 and 4 shall each have the right to park one vehicle in the Boat Easement Area in conjunction with the lot owner' s use of this easement . The expenses as determined by the Homeowners Association to be incurred for improvement, maintenance and use of this easement and Boat Easement Area as described in Schedule D shall be shared equally by the owners of Lots 1, 2 , 3 and 4 . F . Lots 1, 2 , 3 and 4 shall each have an easement , in common with others, across and over portions of Lot 5 as shown on the subdivision map as the "Boat Easement Right of Way", for purposes of vehicular ingress and egress to the Boat Easement Area, and for installation , maintenance and inspection of utilities to the docks located in the Boat Easement Area. The expenses as deter- mined by the Homeowners Association to be incurred for the main- tenance and use of this right of way as described in Schedule E shall be the responsibility of the owner of Lot 5. G. Lots 1, 2 , 3 and 4 shall each have the right to use the entire lagoon area north of the Boat Easement Area in common with others in the uses and purposes of Lot 5, for ingress and egress to Shelter Island Sound ( Southold Bay) . The dredging of this portion of tile lagoon area and the channel to Shelter Island Sound (Southold Bay) , and the maintenance of the wood bulkheads located on portions of Lot 5 shall be shared equally by the owners of Lots 1 , 2 , 3 , 4 and 5 . The Homeowners Association is authorized to arrange with Reydon Shores Homeowners Association for allocation of the cost of dredging the channel to Shelter Island Sound ( Southold Bay) . H . The owners of Lots 1, 2 , 3 and 4, their guests and invi- tees, shall each have the right to temporary daytime dockage of boats along the wood bulkhead on Lot 5, so long as such dockage does not interfere with boat traffic in the lagoon and channel areas. I . The right to use the aforesaid easements for installa- tion , maintenance and inspection of utilities shall include, but not be limited to, the right to connect with, maintain and make use of utility lines, wires, pipes, conduits , cable television lines, sewers and drainage lines which may from time to time be in or along the streets and roads or other areas of the aforesaid easements . J. In the event that any portion of any roadway, walkway, driveway, leaching pool , electric meter, utility lines , or any other structure as originally constructed by Declarants encroaches on any lot, it shall be deemed the owner of such lot has granted a perpetual easement to the owner of the -3- 0 adjoining lot for continuing maintenance and use of such encroaching roadway, walkway, driveway, leaching pool , electric meter, utility line, or structure. The foregoing shall also apply to any replacements of any such roadway, walkway, driveway, electric meter, leaching pool , utility lines, or structure if same are constructed in substantial conformance to the original as constructed. The foregoing condition shall be perpetual in duration and shall not be subject to amendment of these covenants and restrictions . ARTICLE II . COVENANTS AFFECTING RESIDENTIAL LOTS 1, 2, 3 and 4 A. No lot shall be improved or have placed or maintained thereon any structure other than a single family dwelling, not to exceed two stories in height with attached or detached private garage. Said attached or detached garage shall be for not more than three ( 3 ) automobiles . A two-story dwelling shall contain a first floor area of not less than 1 ,000 square feet, and a one- story dwelling shall contain a floor area of not less than 1, 500 square feet exclusive of attached or detached garages, carports , open breezeways , patios , terraces or basements . B. No building or structure shall be erected on any lot nor shall the exterior of any building or structure be altered, except in accordance with the plans and specifications therefore which have received prior written approval from the Declarants, their successors or assigns . All dwellings and structures shall conform to all applicable codes and regulations of the Town of Southold, and no variance thereof may be obtained without written approval of the Declarants, their successors or assigns . Two copies of proposed plans and specifications shall be submitted to the Declarants , their successors or assigns , one of which, when approved, shall be returned to the owner with such approval endorsed thereon. If the Declarants , their successors or assigns shall neither approve nor disapprove the plans and specifications within 30 days after they have been submitted to and received, the plans and specifications shall be deemed approved. C. No mobile type home or house trailer shall be kept, used, moved or allowed on said premises regardless of the size . A camper , boat- , boat trailer or utility trailer are allowed on said premises , but must be stored in an enclosed area shielded from view of neighboring properties . This restriction does not include contractor' s trailers, etc . when used during the construction of a house, providing same shall be removed from the premises upon completion of the house construction. D. No lot shall be used or maintained for any purpose other than a one-family residence . No trade, business or manufacturing shall be carried on in any residence or anywhere on the property. -4- E. No obnoxious or offensive activities shall be carried on upon any lot, nor shall anything be done on a lot which may become an annoyance or nuisance to the neighboring properties. F . Tree stumps and debris must be removed from any lot prior to occupancy. No area of the premises may be used for the dumping or storage of garbage, and all such materials shall be stored in sanitary containers and shall be removed regularly from the premises . There may be no total removal of the trees from any lot, and the grounds of each lot shall at all times be reaso- nably well maintained . G. All exterior construction, including roof , exterior walls , painting, windows , doors and landscaping shall be completed within one (1 ) year from the date construction commen- ces . H. No electric, telephone or cablevision poles shall be allowed on the premises , as all utilities and services for electric, telephone and cable, must be underground. I . No stormwater runoff resulting from the construction of any home or improvement of the lots shall be discharged down the bluff or bank into Southold Bay ( Shelter Island Sound) . J . No residential structure shall be constructed or otherwise located within 75 feet of the mean high water line of Southold Bay ( Shelter Island Sound) ; and no sanitary disposal facility shall be constructed or otherwise located within 150 feet of the mean high water line of Southold Bay ( Shelter Island Sound) . K. A Buffer Area shall be established extending 75 feet landward from the mean high water line of Southold Bay ( Shelter Island Sound) along the northerly boundaries of Lots 2 and 3 as shown on the subdivision map to insure that no development adverse to the aesthetic quality of the shoreline will take place . Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plan species . Such clearing and cutting shall be subject to review by the Town of Southold prior to execution to insure proper maintenance and pre- servation of the natural buffer . L. Rrosion and sediment control measures shall be required during and after construction on each lot to insure that storm- water runoff will not carry eroded and other deleterious materials into Southold Bay ( Shelter Island Sound) . M. Any lot owner who mortgages or sells his lot or any home thereon shall notify the Homeowners Association and provide the name and address of his mortgagee or new owner. -5- N. The maintenance assessments shall be paid within thirty ( 30 ) days of the due date. 0. No activities shall be conducted, nor shall any improve- ments be constructed -which are or might be unsafe or hazardous to any person , or home on a lot in the development . ARTICLE III . COVENANTS AFFECTING LOT 5 A. The Declarants will deed Lot 5 as shown on the sub- division map to the Peconic Land Trust, which is a not-for-profit organization incorporated on August 1, 1983 , dedicated to the preservation of farmland and open space on eastern Long Island. The Peconic Land Trust is interested in preserving the unique mariculture facility presently located on Lot 5 in order to pro- vide a lasting benefit to Long Island' s educational, commercial and recreational shellfishing community, and to restore and enhance the wetland and woodland areas located on Lot 5. B. The following uses are permitted on Lot 5: ( i) Utilize existing house as a caretaker cottage for Peconic Land Trust, its successors and assigns. ( ii ) Utilize portions of the lot for Southold Town' s Shellfish Seed Program which the Town has subcontracted with Cornell Cooperative Extension; however, the scope and intensity of such uses are subject to review and approval by the Southold Town Planning Board and Southold Town Board of Trustees . ( iii) Conduct feasibility studies, especially with Cornell Cooperative Extension, with respect to small scale mari- culture and shellfish nursery uses; however, the scope and inten- sity of such uses are subject to review and approval by the Southold Town Planning Board and Southold Town Board of Trustees . ( iv) The dock in the lagoon area, north of the residen- tial Boat Easement Area will be used to provide dockage for boats used by the Peconic Land Trust, its successors and assigns, in its mariculture program. (v) The Peconic Land Trust, its successors and assigns, may continue with wetland restoration projects; and in par- ticular, with plans to use portions of the lot for a native plan- tings nursery. (vi) Waterfront portions of the lot will be used for passive recreational activity of lot owners such as picnicking and enjoying scenic vistas . -6- C . Any uses of Lot 5 other than as specified in paragraph B above are subject to review and approval by the Southold Town Planning Board and the Southold Town Board of Trustees . D. No obnoxious or offensive activities shall be carried on upon Lot 5, nor shall anything be done on such lot which may become an annoyance or nuisance, unsafe or hazardous to Lots 1, 2 , 3 and 4 . The mariculture uses of Lot 5 shall not be conducted prior to 6 A.M nor after 10 P .M. prevailing time . ARTICLE IV. PLOCR SHELLFISHER PRESERVE HOMEOWNERS ASSOCIATION A. The Homeowners Association shall have one class of mem- bership interest. The owner of a lot in the subdivision subject to this Declaration shall be a member . B. Each member is entitled to one vote. When more than one person or entity holds such interest in any Lot, the one vote attributable to such Lot shall be exercised as such persons mutually determine and not more than one vote may be cast with respect to any such Lot. No member shall split or divide its votes on any motion, resolution or ballot. ARTICLE V. MAINTENANCE ASSESSMENTS A. Each lot owner, by the acceptance of a deed, whether or not it shall be expressed in any such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Homeowners Association such assessments as are fixed by the Association' s Board of Directors and assessed to the members as hereinafter provided . B. All sums assessed by the Homeowners Association but not paid, together with such legal interest thereon as hereinafter provided , .shall be a charge upon each lot and shall be a con- tinuous lien upon said lot against which such assessment is made. C . The assessments levied by the Homeowners Association shall be used exclusively for the purpose of maintenance and repairs to the easement areas as set forth above, liability insurance, and the cost of management and supervision of the covenants and restrictions . D. The Homeowners Association' s Board of Directors shall, from time to time, but at least annually, fix and determine the budget representing the sum or sums necessary and adequate for the continued operation of the Association and shall send a copy of the budget and any supplement to each member prior to assessing the members thereon. The Board shall determine the -7- total amount required, including the operational items such as insurance, repairs, reserves, maintenance and other operating expenses , as well as charges to cover any deficits from prior years and capital improvements approved by the Board. The Declarants' obligation for such assessments on unsold lots subject to this Declaration will be limited to the difference between the actual operating costs of the Association and the assessments levied on owners who have closed title to their lots. In no event, however, will the Declarants be required to make a deficiency contribution in an amount greater than it would other- wise be liable for if it were paying assessments on unsold lots . The sum due the Association from each individual lot owner shall constitute an assessment of the Board of Directors and unpaid assessments shall constitute liens on the individual lots subject to foreclosure as hereinafter provided. E. All assessments against each lot shall be payable semiannually or more frequent intervals as determined by the Board of Directors of the Homeowners Association. The Association shall prepare a roster of the lots and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any member. Upon the written request of a member or his mortgagee, the Board shall promptly furnish such member or his mortgagee with a written statement of the unpaid charges due from such member. F. If an assessment is not paid on the date when due, as fixed by the Board of Directors of the Homeowners Association, then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the meffber' s lot which shall bind such property in the hands of the member, his heirs , devisees , personal representatives and assigns . Such lien shall be prior to all other liens except: ( a) tax or assessment liens on the lot by the taxing subdivision of any governmental authority, including but not limited to State, County and School District taxing agencies; and ( b) all sums unpaid on any first mortgage of record encumbering the lot. G. An assessment not paid within thirty ( 30 ) days after its due date, shall bear interest from the date of delinquency at the maximum permissible rate in the State of New York; and the Homeowners Association may bring an action at law against the member or former member personally obligated to pay the same and may foreclose the lien against the property. There shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and reasonable attorney' s fees to be fixed by the court together with the cost of the action. -8- ARTICLE VI . INSURANCE The Homeowners Association, through its Board of Directors shall maintain public liability insurance, to the extent obtainable, covering each lot owner, the Association, managing agent, and any lessee or occupant of any of the lots, against liability for any negligent act of commission or omission attri- butable to them which occurs in the easement areas . The cost of the premium for this liability insurance will be shared equally by Lots 1 , 2 , 3, 4 and 5 . ARTICLE VII . GENERAL PROVISIONS A. Beneficiaries of Easements, Rights and Privileges . The easements, licenses, rights or privileges established, created and granted by this Declaration shall be for the benefit of and restricted solely to , the Homeowners Association and the owners of lots on the subdivision map and any owner may also grant the benefit of such easement , license, right or privilege to his tenants and guests of any home built on a lot and their immediate families for the duration of their tenancies or visits; but the same is not intended nor shall it be construed as creating any rights in or for the benefit of the general public. B. Duration and Amendment . The covenants and restrictions of this Declaration shall run with, and bind the land, and shall inure to the benefit of , and be enforceable by the Association, any member, or the owner of any land subject to this Declaration , their respective legal representatives, heirs, successors and assigns, until December 31, 2010 , unless otherwise expressly limited herein , after which time, said covenants and restrictions shall be automatically extended for successive periods of ten (10 ) years, unless an instrument signed by eighty (80% ) percent of the members has been recorded, agreeing to change said cove- nants and restrictions in whole or in part . Notwithstanding the foregoing, the easements , licenses, rights and privileges established and created by ARTICLE I shall be perpetual , run with the land, and shall survive any destruction, reconstruction and relocation of the physical structure, unless said provision is abrogated by the unanimous consent of all the members. Unless specifically prohibited herein , this Declaration may be amended by an instrument signed by members holding not less than eighty ( 80% ) percent of the membership. Any amendment must be properly recorded to be effective. C. Notices . Any notice required to be sent to any member or owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as member or owner on the records of the Association at the time of such mailing. -9- D . Administration . The administration of the Homeowners Association shall be in accordance with the provisions of the Association By-Laws which are made a part of this Declaration and attached hereto. F. Severability . Invalidation of any of the covenants , limitations or provisions of this Declaration by judgment or court order shall in no way affect any of the remaining provi- sions hereof and the same shall continue in full force and effect. Anna K. Plock Carol Anne Weil f/k/a Carol Anne Plock, Trustee Carol Anne Weil f/k/a Carol Anne Plock Richard F. Lark, Trustee Deborah Anne Plock Jerome F. Holub, Trustee William John Plock Wallace Kandell, Trustee Katherine Marian Roke f/k/a Katherine Marian Plock -10- 0 STATE OF NEW YORK: ss . COUNTY OF SUFFOLK : On this day of , , before me personally came ANNA K. PLOCK to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same . Notary Public STATE OF NEW YORK: ss . COUNTY OF SUFFOLK : On this day of before me personally came CAROL ANNE WEIL f/k/a CAROL ANNE PLOCK to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same . Notary Public STATE OF NEW YORK: ss . COU14TY OF SUFFOLK : On this day of before me personally came DEBORAH ANNE PLOCK to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same . Notary Public -11- STATE OF NEW YORK : SS . COUNTY OF NEW YORK: On this day of before me personally came JEROME F. HOLUB to me known to be the individual described in and who executed the foregoing instrument , and acknowledged that he executed the same . Notary Public STA,rB OF FLORIDA ss . COUNTY OF PALM BEACH: On this day of before me personally came WALLACE KANDELL to me known to be the individual described in and who executed the foregoing instrument , and acknowledged that he executed the same . Notary Public -12- SCHEDULE A COMMON RIGHT-OF-WAY EASEMENT FROM NORTH BAYVIEW ROAD TO LOT 5 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Bayview, Town of Southold, County of Suffolk and State of New York , more particularly bounded and described as follows : BEGINNING at a point on the northerly side of North Bayview Road at the southwesterly corner of land now or formerly James C. Boyle and Patricia Boyle, said point being situate the following two (2 ) courses and distances as measured along the northerly side of North Bayview Road from the intersection of the northerly side of North Bayview Road and the easterly side of Reydon Road: 1) South 86 deg. 24 min . 02 sec. East 597 . 82 feet, 2) South 86 deg.. 56 min. 11 sec. Fast 387 . 32 feet ; RUNNING thence from said point of beginning North 86 deg . 56 min. 11 sec. West along the northerly side of North Bayview Road 50 . 23 feet to a point; RUNNING thence North 8 deg. 33 min. 49 sec. East through land now or formerly Robert Herman 1094 . 58 feet to "Map of Plock Shellfisher Preserve" ; RUNNING thence South 83 deg. 01 min . 21 sec . East along "Map of Shellfisher Preserve" 50. 02 feet to a point; RUNNING thence South 8 deg. 33 min. 49 sec . West through land now or formerly Robert Herman, along land now or formerly John L. Plock, Jr. and Carol A. Plock and along land now or formerly James C. Boyle and Patricia Boyle 1091 . 15 feet to the northerly side of North Bayview Road and to the point or place of BEGINNING . SCHEDULE B RESIDENTIAL INGRESS AND EGRESS EASEMENT OVER LOT 5 t All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Bayview, Town of Southold, County of Suffolk, and State of New York, known and designated as Right of Way "Map of Plock Shellfisher Preserve" more particularly bounded and described as follows : BEGINNING at a point on the division line between Lot 5 "Map of Plock Shellfisher Preserve" and land now or formerly Robert Herman, where said division line is intersected by the easterly side of a certain 50 foot wide Right of Way leading from North Bayview Road to the aforementioned "Map of Plock Shellfisher Preserve" , said point being situate the following three (3) courses and distances from the intersection of the easterly side of Reydon Road and the northerly side of North Bayview Road: 1) South 86 deg. 24 min. 02 sec. East 597 . 82 feet along the northerly side of North Bayview Road, 2) South 86 deg. 56 min. 11 sec. East 387 . 32 feet still along the northerly side of North Bayview Road, 3) North 08 deg. 33 min. 49 sec. East 1091 . 15 feet along land now or formerly James C. Boyle and Patricia Boyle, along land now or formerly John L. Plock, Jr. and Carol A. Plock and through land now or formerly Robert Herman, being along the easterly side of the aforementioned 50 foot wide Right of Way leading from North Bayview Road to the "Map of Plock Shellfisher Preserve" ; RUNNING thence from said point of beginning North 83 deg. O1 min. 21 sec. West along the division line between Lot 5 "Map of Plock Shellfisher Preserve" and land now or formerly Robert Herman 50. 02 feet to a point; RUNNING thence through Lot 5 "Map of Plock Shellfisher Preserve" the following four (4) courses and distances: 1) North 08 deg. 33 min. 49 sec. East 1 . 38 feet, 2) on a curve to the right having a radius of 135 . 00 feet a distance of 208 . 32 feet, 3) South 83 deg. 01 min. 21 sec. East 161 . 72 feet, 4) on a curve to the left having a radius of 125 . 00 feet a distance of 250. 62 feet to the division line between Lot 4 and Lot 5 "Map of Plock Shellfisher Preserve" ; RUNNING thence North 72 deg . 06 min . 13 sec. East along the division line between Lot 1 and Lot 5 "Map of Plock Shellfisher Preserve" 70 . 48 feet to land now or formerly Robert Herman; RUNNING thence South 08 deg. 33 min. 49 sec. West along land now or formerly Robert Herman 87 . 10 feet to a point; RUNNING thence through Lot 5 "Map of Plock Shellfisher Preserve" the following three (3) courses and distances: 1) on a curve to the right having a radius of 175 . 00 feet a distance of 270. 04 feet, 2) North 83 deg. 01 min. 21 sec. West 161 . 72 feet, 3) on a curve to the left having a radius of 85. 00 feet a distance of 131 . 16 feet to the division line between Lot 5 "Map of Plock Shellfisher Preserve" and land now or formerly Robert Herman and to the point or place of BEGINNING. SCHEDULE C RESIDENTIAL INGRESS AND EGRESS EASEMENT OVER LOTS 1 and 4 All that certain plot, piece or parcel , with the buildings and improvements thereon erected, situate, lying and being at Bayview, Town of Southold, County of Suffolk, and State of New York, known and designated as Right of Way "Map of Plock Shellfisher Preserve" more particularly bounded and described as follows: BEGINNING at a point formed by the intersection of the lines of Lot 1, Lot 2 , Lot 3 , and Lot 4 "Map of Plock Shellfisher Preserve" ; RUNNING thence from said point of beginning South 81 deg, 26 min. 11 sec. East along the division line between Lot 1 and Lot 2 "Map of Plock Shellfisher Preserve" 25 . 07 feet to a point; RUNNING thence through Lot 1 "Map of Plock shellfisher Preserve" the following eight (8) courses and distances: 1) South 14 deg . 03 min . 49 sec. West 30 . 00 feet, 2) North 81 deg. 26 min. 11 sec. West 10 . 00 feet, 3) South 14 deg. 03 min . 49 sec. West 27 . 33 feet, 4 ) on a curve to the left having a radius of 170 . 00 feet a distance of 106 . 01 feet, 5) South 21 deg. 39 min. 55 sec. East 40 . 00 feet, 6) on a curve to the right having a radius of 480 . 00 feet a distance of 144 . 09 feet, 7) on a curve to the left having a radius of 270 . 00 feet a distance of 164 . 80 feet, 8) on a curve to the right having a radius of 165 . 00 feet a distance of 62 . 03 feet to the division line between Lot 1 and Lot 5 "Map of Plock Shellfisher Preserve" ; RUNNING thence South 72 deg. 06 min. 13 sec. West along the division line between Lot 1 and Lot 5 and along the terminus of another Right of Way "Map of Plock Shellfisher Perserve" 15 . 00 feet to Lot 4 "Map of Plock Shellfisher Preserve" ; RUNNING thence South 72 deg. 06 min. 13 sec. West along the division line between Lot 4 and Lot 5 and still along the terminus of another Right of Way "Map of Plock Shellfisher Preserve" 15 . 00 feet to a point; RUNNING thence through Lot 4 "Map of Plock Shellfisher Preserve" the following eight (8) courses and distances : 1) on a curve to the left having a radius of 135 . 00 feet a distance of 50 . 75 feet, 2) on a curve to the right having a radius of 300 . 00 feet a distance of 183 . 11 feet, 3) on a curve to the left having a radius of 450 . 00 feet a distance of 1.35 . 09 feet, 4) North 21 deg. 39 min. 55 sec. West 40 . 00 feet, 5) on a curve to the right having a raduis of 200. 00 feet a distance of 124 . 72 feet, 6) North 14 deg. 03 min. 49 sec. East 24 . 44 feet, 7) North 81 deg. 26 min. 11 sec. West 10. 00 feet, 8) North 14 deg. 03 min . 49 sec. East 30. 00 feet to the division line between Lot 3 and Lot 4 "Map of Plock Shellfisher Perserve" ; RUNNING thence South 81 deg. 26 min. 11 sec. East along the division line between Lot 3 and Lot 4 "Map of Plock Shellfisher Preserve" 25. 07 feet to the point of place of BEGINNING. SCHEDULE D BOAT EASEMENT AREA All that certain plot, piece or parcel, with the buildings and improvements thereon erected, situate, lying and being at Bayview, Town of Southold, County of Suffolk, and State of New York, known and designated as "Easement" , "Map of Plock Shellfisher Preserve" more particularly bounded and described as follows: BEGINNING at a point on the division line between Lot 3 and Lot 4 "Map of Plock Shellfisher Preserve" , adjoining a Right of Way shown on said Map, said point being situate North 81 deg. 26 min. 11 sec. West 25 . 07 feet as measured along the division line between Lot 3 and Lot 4 "Map of Plock Shellfisher Preserve" , from the southwesterly cornet of Lot 2 "Map of Plock Shellfisher Preserve" ; RUN14ING thence from said point of beginning South 14 deg . 03 min. 49 sec. West through Lot 4 and along said Right of Way "Map of Plock Shellfisher Preserve" 15 . 07 feet to a point; RUNNING thence North 81 deg . 26 min . 11 sec . West through Lot 4 "Map of Plock Shellfisher Preserve" 188 . 95 feet to the division line between Lot 4 and Lots "Map of Plock Shellfisher Preserve" ; RUNNING thence through Lot 5 "Map of Plock Shellfisher Perserve" the following nine (9) courses and distances: 1) North 81 deg. 26 min. 11 sec. West 15 . 01 feet, 2) North 10 deg . 03 min. 49 sec. East 155 . 40 feet, 3 ) North 79 deg . 56 min. 11 sec. West 65 . 00 feet, 4) South 10 deg. 03 min. 49 sec. West 170 . 00 feet, 5) North 79 deg. 56 min . 11 sec. West 180. 00 feet, 6) North 10 deg. 03 min. 49 sec. East 125 . 00 feet, 7) South 79 deg . 56 min . 11 sec. East 165 . 00 feet, 8) North 10 deg . 03 min. 49 sec. Fast 60 . 00 feet, 9) South 79 deg. 56 min. 11 sec. East 95 . 00 feet to the division line between Lot 5 and Lot 3 "Map of Plock Shellfisher Preserve" , RUNNING thence South 10 deg. 03 min . 49 sec. West along the division line between Lot 5 and Lot 3 "Map of Plock Shellfisher Preserve" 155 . 00 feet to the division line between Lot 3 and Lot 4 "Map of Plock Shell- fisher Preserve" ; RUNNING thence South 81 deg. 26 min. 11 sec . East along the division line between Lot 3 and Lot 4 "Map of Plock Shellfisher Preserve" 190 . 00 feet to a Right of Way shown on said Map and the point or place of BEGINNING . � M SCHEDULE E BOAT EASEMENT RIGHT-OF-WAY All that certain plot, piece, or parcel of land, situate, lying and being at Bayview, Town of Southold, County of Suffolk and State of New York, designated as Boat Easement Area Right of Way "Map of Plock Shellfisher Preserve" , being 15 feet in width over Lot 5 "Map of Plock Shellfisher Preserve" and leading from a certain Right of Way providing access to Lots 1 , 2 , 3 , and 4 "Map of Plock Shellfisher Preserve" , the centerline of which is more particularly bounded and described as follows : BEGINNING at a point in Lot 5 "Map of Plock Shellfisher Preserve" on the westerly side of a certain Right of Way "Map of Plock Shellfisher Preserve" providing access to Lots 1 , 2 , 3 , and 4 "Map of Plock Shellfisher Preserve" , said point being situate the following four (4 ) course and distances from the intersection of the easterly side of Reydon Road and the northerly side of North Bayview Road: 1 . South 86 deg. 24 min . 02 sec. East 597 . 82 feet along the northerly side of North Bayview Road , 2 . South 86 deg. 56 min. 11 sec . East 337 . 09 feet still along the northerly side of North Bayview Road, 3 . North 08 deg. 33 min . 49 sec. East 1095 . 96 feet along the westerly side of a certain 50 foot wide Right of Way shown Oil "Map of Plock shellfisher Preserve" , 4 . on a curve to the right having a radius of 135 . 00 feet a distance of 93 . 66 feet still along the westerly side of a certain 50 foot wide Right of Way shown on "Map of Plock Shellfisher Preserve" ; RUNNING thence from said point of beginning westerly and northerly generally following an existing traveled roadway and through Lot 5 "Map of Plock Shellfisher Preserve" the following eight (8) courses and distances : 1. on a curve to the left having a radius of 57 . 50 feet a distance of 80 . 56 feet, 2 . North 83 deg. 47 min. 35 sec. West 118 . 41 feet, 3 . on a curve to the right having a radius of 75 . 00 feet a distance of 121 . 58 feet, 4 . North 09 deg. 05 min. 20 sec. East 91 . 07 feet, 5 . North 07 deg . 00 min . 59 sec. East 230 . 94 feet, 6 . North 00 deg. 28 min . 29 sec. West 90 . 34 feet, 7 . North 06 deg. 12 min. 28 sec. West 45 . 77 feet, 8 . North 08 deg . 19 min . 36 sec. East 172 . 47 feet to a point on the southerly boundary of the Boat Easement Area "Map of Plock Shellfisher Preserve" 7 . 50 feet easterly of the southwesterly corner of said Boat Easement Area . �S LAW OFFICES RICHARD F. LARK MAIN ROAD-P.O.BOX 973 CUTCHOGUE,NEW YORK 11935 0973 TELEPHONE 516734-6807 RICHARD F. LARK MARY Lou FOLTS October 28, 1994 Melissa Spiro, Planner Southold Town Planning Board Town Hall, 53095 Main Road P. O. Bo 1179 Southold, NY 11971 RE : Subdivision - Plock Shellfisher Preserve Southold, New York SCTM# 1000-79-5-20 . 2 Dear Miss Spiro: Enclosed are the following: 1 . Draft of proposed Declaration of Protective Covenants, Restrictions and Easements This Declaration is in addition to the proposed Declaration of Covenants and Restrictions as required by the Planning Board and which were sent to you for review on October 4, 1994 . 2 . Draft of proposed By-Laws of Plock Shellfisher Preserve Homeowners Association. Very truly yours, �o Mary Lou Folts MLF/m Enclosures OUT 3 1 1994 SOUTHOLD TOWN PLANNING BOARD r , MM a 5 1 0 DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND EASEMENTS PLOCK SHELLFISHER PRESERVE at Bayview, Town of Southold Suffolk County, New York DECLARATION made this day of , 1994 , by ANNA K . PLOCK, residing at 945 Hobart Road , Southold, New York 11971; CAROL ANNE WEIL f/k/a CAROL ANNE PLOCK, residing at 10003 North Bayview Road, Southold , New York 11971; DEBORAH ANNE PLOCK, residing at 10003 North Bayview Road, Southold, New York 11971; WILLIAM J'OHN PLOCK, residing at 945 Jockey Creek Drive, Southold, New York 11971; KATHERINE MARIAN ROKE f/k/a KATHERINE MARIAN PLOCK, residing at 745 Case' s Lane, Cutchogue, New York 11935 ; CAROL ANNE WEIL f/k/a CAROL ANNE PLOCK, Trustee under the Will of JOHN L. PLOCK, JR. , residing at 10003 North Bayview Road, Southold, New York 11971; RICHARD F. LARK, residing at 28785 Main Road, Cutchogue, New York 11935 , JEROME F . HOLUB , JR. , residing at 78 Debbie Lane, Berkeley Heights , New Jersey 07922 , and WALLACE KANDELL, residing at 10578 Stonebridge Road, Boca Raton , Florida 33498 , Trustees of the Trust under the Will of JOHN L. PLOCK; hereinafter referred to as the "Declarants" . WHEREAS, Declarants are the owners in fee simple of the following real property described property: ALL those certain plots or parcels of land in the Town of Southold, County of Suffolk, State of -1- OCT 3 11994 SUUTWAD m'Vnn, i, PLAN 41NG BUnftD I New York , known and designated as Lots 1 through 5 on a certain map entitled "Map of Plock Shellfisher Preserve" at Bayview, Town of Southold, Suffolk County, New York, filed in the Office of the Clerk of the County of Suffolk on the day of , 1995 as Map No. WHEREAS, Declarants desire to provide for the preservation of the values of the lots and amenities as shown on the subdivision map and for the maintenance of roadways and easement areas and therefore create a homeowners association known as the "Plock Shellfisher Preserve Homeowners Association, Inc. " under the not- for-profit corporation law of of the State of New York for the purposes of maintaining, administering and enforcing the cove- nants and restrictions . NOW, THEREFORE, the aforedescribed premises shall be subject to the following covenants , restrictions and easements which shall run with the land . ARTICLE I . EASEMERTS A. The easements hereinafter described shall be appurtenant to and shall pass with the title to every Lot to which the ease- ments apply. B. Lots 1, 2 , 3 , 4 and 5 shall each have an easement, in common with others, 50 feet in width, extending from North Bayview .Road to the southerly portion of Lot 5 as shown on the subdivision map as "Right of Way", for the purpose of ingress, egress , and installation , maintenance and inspection of -2- utilities . The expenses as determined by the Homeowners Association to be incurred for the improvement , maintenance and use of this portion of the easement as described in Schedule A shall be shared equally by each of the owners of Lots 1, 2 , 3 , 4 and 5 . C . Lots 1, 2, 3 and 4 shall each have an easement, 50 feet in width, over and through portions of Lot 5 as shown on the subdivision map as "Right of Way" to the southerly portions of Lots 1 and 4 , for the purpose of ingress , egress, and installation , maintenance and inspection of utilities . The expenses incurred for the improvement , maintenance and use of this portion of the easement area as described in Schedule B as determined by the Homeowners Association shall be shared equally by the owners of Lots 1, 2 , 3 and 4 . 0. Lots 1, 2 , 3 and 4 shall each have an easement across portions of Lots 1 and 4 as shown on the subdivision map as "Right of Way" for the purpose of ingress, egress, and installa- tion , maintenance and inspection of utilities. The expenses incurred for the improvement, maintenance and use of this portion of the easement area as described in Schedule C as determined by the Homeowners Association shall be shared equally by the owners of Lots 1, 2 , 3 and 4 . E. Lots 1, 2 , 3 and 4 shall each have an exclusive easement across Lot 4 and an easement in common with others across portions of Lot 5, as shown on the subdivision map as "Easement" -3- • • and "Boat Easement Area" for purposes of foot passage to and from the lagoon and for the dockage of boats and parking of vehicles . Lots 1, 2, 3 and 4 shall each have the exclusive right to use one side of a dock located in the "Boat Easement Area" for dockage of boats and has the right to install and maintain utilities such as electricity, telephone and water to the docks. The assignment of dock slips shall be by the mutual agreement of the owners of Lots 1, 2 , 3 and 4 . In the event an agreement cannot be reached, then assignment shall be by lottery. The docks in the Boat Easement Area do not presently have utilities such as electricity, telephone or running water . It shall be the responsibility of each of the owners of Lots 1, 2 , 3 and 4 at their expense to install and maintain these utilities if such utilities are installed. However , all such utilities shall be run underground to the docks . Lots 1, 2 , 3 and 4 shall each have the right to park one vehicle in the Boat Easement Area in conjunction with the lot owner' s use of this easement. The expenses incurred for improvement , maintenance and use of this easement and Boat Easement Area as described in Schedule D as determined by the Homeowners Association shall be shared equally by the owners of Lots 1, 2 , 3 and 4 . F . Lots 1 , 2 , 3 and 4 shall each have an easement, in common with others, across and over portions of Lot 5 as shown on the subdivision map as the "Boat Easement Right of Way", for purposes of vehicular ingress and egress to the Boat Easement Area, and -4- for installation, maintenance and inspection of utilities to the docks located in the Boat Easement Area. The expenses incurred for the maintenance and use of this right of way as described in Schedule E as determined by the Homeowners Association shall be the responsibility of the owner of Lot 5. G. Lots 1, 2, 3 and 4 shall each have the right to use the entire lagoon area north of the Boat Easement Area in common with others in the uses and purposes of Lot 5, for ingress and egress to Shelter Island Sound ( Southold Bay) . The dredging of this portion of the lagoon area and the channel to Shelter Island Sound ( Southold Bay) , and the maintenance of the wood bulkheads located on portions of Lot 5 shall be shared equally by the owners of Lots 1, 2, 3, 4 and 5 . The Homeowners Association is authorized to arrange with Reydon Shores Homeowners Association for allocation of the cost of dredging the channel to Shelter Island Sound (Southold Bay) . H . The owners of Lots 1, 2 , 3 and 4 , their guests and invi- tees , shall each have the right to temporary daytime dockage of boats along the wood bulkhead on Lot 5, so long as such dockage does not interfere with boat traffic in the lagoon and channel areas. I. The right to use the aforesaid easements for installa- tion , maintenance and inspection of utilities shall include, but not be limited to, the right to connect with, maintain and make use of utility lines, wires, pipes , conduits, cable television -5- lines, sewers and drainage lines which may from time to time be in or .along the streets and roads or other areas of the aforesaid easements . J. In the event that any portion of any roadway, walkway, driveway, leaching pool , electric meter, utility lines , or any other structure as originally constructed by Declarants encroaches on any lot, it shall be deemed the owner of such lot has granted a perpetual easement to the owner of the adjoining lot for continuing maintenance and use of such encroaching roadway, walkway, driveway, leaching pool , electric meter, utility line, or structure . The foregoing shall also apply to any replacements of any such roadway, walkway, driveway, electric meter, leaching pool , utility lines, or structure if same are constructed in substantial conformance to the original as constructed. The foregoing condition shall be perpetual in duration and shall not be subject to amendment of these covenants and restrictions . ARTICLE II. COVENANTS AFFECTING RESIDENTIAL LOTS 1, 2, 3 and 4 A. , No lot shall be improved or have placed or maintained thereon any structure other than a single family dwelling, not to exceed two stories in height with attached or detached private garage. . Said attached or detached garage shall be for not more than three ( 3 ) automobiles . A two-story dwelling shall contain a first floor area of not less than 1,000 square feet , and a one- -6- story dwelling shall contain a floor area of not less than 1, 500 square feet exclusive of attached or detached garages, carports, open breezeways, patios , terraces or basements . B. No building or structure shall be erected on any lot nor shall the exterior of any building or structure be altered, except in accordance with the plans and specifications therefore which have received prior written approval from the Declarants , their successors or assigns . All dwellings and structures shall conform to all applicable codes and regulations of the Town of Southold, and no variance thereof may be obtained without written approval of the Declarants, their successors or assigns . Two copies of proposed plans and specifications shall be submitted to the Declarants , their successors or assigns , one of which, when approved, shall be returned to the owner with such approval endorsed thereon . If the Declarants , their successors or assigns shall neither approve nor disapprove the plans and specifications within 30 days after they have been submitted to and received, the plans and specifications shall be deemed approved. C. No mobile type home or house trailer shall be kept, used, moved or. allowed on said premises regardless of the size . A camper, boat , boat trailer or utility trailer are allowed on said premises, but must be stored in an enclosed area shielded from view of neighboring properties . This restriction does not include contractor' s trailers , etc . when used during the construction of a house, providing same shall be removed from the -7- premises upon completion of the house construction . D. No lot shall be used or maintained for any purpose other than a one-family residence . No trade, business or manufacturing shall be carried on in any residence or anywhere on the property. E. No obnoxious or offensive activities shall be carried on upon any lot, nor shall anything be done on a lot which may become an annoyance or nuisance to the neighboring properties . F. Tree stumps and debris must be removed from any lot prior to occupancy. No area of the premises may be used for the dumping or storage of garbage, and all such materials shall be stored in sanitary containers and shall be removed regularly from the premises . There may be no total removal of the trees from any lot, and the grounds of each lot shall at all times be reaso- nably well maintained. G. All exterior construction , including roof , exterior walls, painting, windows , doors and landscaping shall be completed within one (1 ) year from the date construction commen- ces . H. No electric, telephone or cablevision poles shall be allowed on the premises , as all utilities and services for electric, telephone and cable, must be underground . I . No stormwater runoff resulting from the construction of any home or improvement of the lots shall be discharged down the bluff or bank into Southold Bay ( Shelter Island Sound) . -8- J . No residential structure shall be constructed or otherwise located within 75 feet of the mean high water line of Southold Bay ( Shelter Island Sound) ; and no sanitary disposal facility shall be constructed or otherwise located within 150 feet of the mean high water line of Southold Bay ( Shelter Island Sound) . K. A Buffer Area shall be established extending 75 feet landward from the mean high water line of Southold Bay ( Shelter Island Sound) along the northerly boundaries of Lots 2 and 3 as shown on the subdivision map to insure that no development adverse to the aesthetic quality of the shoreline will take place. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plan species . Such clearing and cutting shall be subject to review by the Town of Southold prior to execution to insure proper maintenance and pre- servation of the natural buffer . L. Rrosion and sediment control measures shall be required during and after construction on each lot to insure that storm- water runoff will not carry eroded and other deleterious materials into Southold Bay (Shelter Island Sound) . M. Any Member who mortgages or sells his lot or any home thereon shall notify the Homeowners Association and provide the name and address of his mortgagee or new owner . -9- N. The maintenance assessments shall be paid within thirty ( 30 ) days of the due date. O. No activities shall be conducted, nor shall any improve- ments be constructed which are or might be unsafe or hazardous to any person, or home on a lot in the development. ARTICLE III. COVENANTS AFFECTING LOT 5 A. The Declarants will deed Lot 5 as shown on the sub- division map to the Peconic Land Trust, which is a not-for-profit organization incorporated on August 1, 1983 , dedicated to the preservation of farmland and open space on eastern Long Island. The Peconic Land Trust is interested in preserving the unique mariculture facility presently located on Lot 5 in order to pro- vide a lasting benefit to Long Island' s educational , commercial and recreational shellfishing community, and to restore and enhance the wetland and woodland areas located on Lot 5. B. The following uses are permitted on Lot 5: (i) Utilize existing house as a caretaker cottage for Peconic Land Trust, its successors and assigns . (ii) Utilize portions of the lot for Southold Town' s Shellfish Seed Program which the Town has subcontracted with Cornell Cooperative Extension; however, the scope and intensity of this such uses are subject to review and approval by the Southold Town Planning Board and Southold Town Board of Trustees . -10- ( iii) Conduct feasibility studies , especially with Cornell Cooperative Extension , with respect to small scale mari- culture and shellfish nursery uses; however, the scope and inten- sity of such uses are subject to review and approval by the Southold Town Planning Board and Southold Town Board of Trustees . ( iv) The dock in the lagoon area, north of the residen- tial Boat Easement Area will be used to provide dockage for boats used by the Peconic Land Trust, its successors and assigns , in its mariculture program. (v) The Peconic Land Trust, its successors and assigns , may continue with wetland restoration projects; and in par- ticular, with plans to use portions of the lot for a native plan- tings nursery. (vi) Waterfront portions of the lot will be used for passive recreational activity of lot owners such as picnicking and enjoying scenic vistas . C. Any uses of Lot 5 other than paragraph B above are subject to review and approval by the Southold Town Planning Board and the Southold Town Board of Trustees . D. No obnoxious or offensive activities shall be carried on upon Lot 5, nor shall anything be done on such lot which may become an annoyance or nuisance, unsafe or hazardous to Lots 1 , 2 , 3 and 4 . The mariculture uses of Lot 5 shall not be -11- conducted prior to 6 A.M nor after 10 P.M. pevailing time . ARTICLE IV. PLOCR SHELLFISHER PRESERVE HOMEOWNERS ASSOCIATION A. The Homeowners Association shall have one class of mem- bership interest . The owner of a lot in the subdivision subject to this Declaration shall be a member. B . Each member is entitled to one vote. When more than one person or entity holds such interest in any Lot, the one vote attributable to such Lot shall be exercised as such persons mutually determine and not more than one vote may be cast with respect to any such Lot. No member shall split or divide its votes on any motion , resolution or ballot. ARTICLE V. MAINTENANCE ASSESSMENTS A. Each lot owner, by the acceptance of a deed, whether or not it shall be expressed in any such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Homeowners Association such assessments as are fixed by the Association' s Board of Directors and assessed to the members as hereinafter provided. B. All sums assessed by the Homeowners Association but not paid, together with such legal interest thereon as hereinafter provided, shall be a charge upon each lot and shall be a con- tinuous lien upon said lot against which such assessment is made. -12- C. The assessments levied by the Homeowners Association shall be used exclusively for the purpose of maintenance and repairs to the easement areas as set forth above, liability insurance, and the cost of management and supervision of the covenants and restrictions . D. The Homeowners Association' s Board of Directors shall , from time to time, but at least annually, fix and determine the budget representing the sum or sums necessary and adequate for the continued operation of the Association and shall send a copy of the budget and any supplement to each member prior to assessing the members thereon . The Board shall determine the total amount required, including the operational items such as insurance, repairs, reserves, maintenance and other operating expenses, as well as charges to cover any deficits from prior years and capital improvements approved by the Board . The Declarants' obligation for such assessments on unsold lots subject to this Declaration will be limited to the difference between the actual operating costs of the Association and the assessments levied on owners who have closed title to their lots . In no event, however, will the Declarants be required to make a deficiency contribution in an amount greater than it would other- wise be liable for if it were paying assessments on unsold lots . The sum due the Association from each individual lot owner shall constitute an assessment of the Board of Directors and unpaid assessments shall constitute liens on the individual lots subject to foreclosure as hereinafter provided . -13- E. All assessments against each lot shall be payable semian.nually or more frequent intervals as determined by the Board of Directors of the Homeowners Association . The Association shall prepare a roster of the lots and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any member. Upon the written request of a member or his mortgagee, the Board shall promptly furnish such member or his mortgagee with a written statement of the unpaid charges due from such member. F . If an assessment is not paid on the date when due, as fixed by the Board of Directors of the Homeowners Association, then such assessment shall become delinquent and shall, together with. such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the member' s lot which shall bind such property in the hands of the member, his heirs, devisees, personal representatives and assigns . Such lien shall be prior to all other liens except: ( a) tax or assessment liens on the lot by the taxing subdivision of any governmental authority, including but not limited to State, County and School District taxing agencies; and (b) all sums unpaid on any first mortgage of record encumbering the lot. G. An assessment not paid within thirty (30 ) days after its due date, shall bear interest from the date of delinquency at the maximum permissible rate in the State of New York; and the Homeowners Association may bring an action at law against the -14- member or former member personally obligated to pay the same and may foreclose the lien against the property. There shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action , and in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and reasonable attorney ' s fees to be fixed by the court together with the cost of the action. ARTICLE VI . INSURANCE The Homeowners Association , through its Board of Directors shall maintain public liability insurance, to the extent obtainable, covering each lot owner, the Association , managing agent, and any lessee or occupant of any of the lots , against liability for any negligent act of commission or omission attri- butable to them which occurs in the easement areas . The cost of the premium for this liability insurance will be shared equally by Lots 1, 2 , 3, 4 and 5 . ARTICLE VII . GENERAL PROVISIONS A. Beneficiaries of Easements, Rights and Privileges . The easements , licenses , rights or privileges established, created and granted by this Declaration shall be for the benefit of and restricted solely to, the Homeowners Association and the owners of lots on the subdivision map and any owner may also grant the benefit of such easement, license, right or privilege to his -15- tenants and guests of any home built on a lot and their immediate families for the duration of their tenancies or visits; but the same is not intended nor shall it be construed as creating any rights in or for the benefit of the general public. B. Duration and Amendment. The covenants and restrictions of this Declaration shall run with, and bind the land, and shall inure to the benefit of , and be enforceable by the Association , any member, or the owner of any land subject to this Declaration , their respective legal representatives , heirs, successors and assigns , until December 31, 2010 , unless otherwise expressly limited herein, after which time, said covenants and restrictions shall be automatically extended for successive periods of ten ( 10 ) years, unless an instrument signed by sixty-six and two- thirds (66 2/38 ) percent of the members has been recorded, agreeing to change said covenants and restrictions in whole or in part . Notwithstanding the foregoing, the easements , licenses , rights and privileges established and created by ARTICLE I shall be perpetual , run with the land, and shall survive any destruc- tion , reconstruction and relocation of the physical structure, unless said provision is abrogated by the unanimous consent of all the members. Unless specifically prohibited herein , this Declaration may be amended by an instrument signed by members holding not less than eighty (80% ) percent of the membership. Any amendment must be properly recorded to be effective. C. Notices. Any notice required to be sent to any member or owner under the provisions of this Declaration shall be deemed to -16- have been properly sent when mailed, postpaid, to the last known address of the person who appears as member or owner on the records of the Association at the time of such mailing . D. Administration . The administration of the Homeowners Association shall be in accordance with the provisions of the Association By-Laws which are made a part of this Declaration and attached hereto. E. Severability. Invalidation of any of the covenants , limitations or provisions of this Declaration by judgment or court order shall in no way affect any of the remaining provi- sions hereof and the same shall continue in full force and effect. Anna K. Plock Carol Anne Weil f/k/a Carol Anne Plock, Trustee Carol Anne Weil f/k/a Richard F. Lark , Trustee Carol Anne Plock Deborah Anne Plock Jerome F. Holub, Jr . , Trustee William John Plock Wallace Kandell , Trustee Katherine Marian Roke f/k/a Katherine Marian Plock -17- D R A F T O F P R O P O S E D BY-LAWS OF PLOCR SHELLFISHER PRESERVE HOMEOWNERS ASSOCIATION, INC. 09311994 SOUTHO!D JM"ii PLANNING SO:ND BY-LAWS OF PLOCR SHELLFISHER HOMEOWNERS ASSOCIATION, INC. TABLE OF CONTENTS ARTICLE I . NAME, LOCATION AND PRINCIPAL OFFICE . . . . 1 ARTICLE II . DEFINITIONS . . . . . . . . . . . . . . . . 1 ARTICLE III . PURPOSE . . . . . . . . . . . . . . . . . . 2 ARTICLE IV. APPLICABILITY . . . . . . . . . . . . . . . 2 ARTICLE V. USE OF FACILITIES . . . . . . . . . . . . . 2 ARTICLE VI . MEMBERSHIP AND VOTING RIGHTS . . . . . . 2 Section 1 . Membership . . . . . . . . . . . . . . . 2 ARTICLE VII QUORUM, PROXIES AND WAIVERS . . . . . . . . 3 Section 1 . Quorum . . . . . . . . . . . . . . . 3 Section 2 . Vote Required to Transact Business . . . 3 Section 3 . Right to Vote. . . . . . . . . . . . . . 3 Section 4 . Proxies. . . . . . . . . . . . . . . . . 4 Section 5 . Waiver and Consent . . . . . . . . . . . 4 Section 6 . Place of Meeting . . . . . . . . . . . . 4 Section 7 . Annual Meetings . . . . . . . . . . . . . 4 Section 8 . Special Meetings . . . . . . . . . . . . 4 Section 9 . Notice of Meetings . . . . . . . . . . . 4 Section 10 . Order of Business . . . . . . . . . . . 4 ARTICLE VIII . BOARD OF DIRECTORS . . . . . . . . . . . . 5 Section 1 . Number and term . . . 5 Section 2 . Voting and Right of Developer to Designate Certain Board Members . . . . . . . . . 5 Section 3 . Vacancy and Replacement . . . . . . . . . 5 Section 4 . Removal . . . . . . . . . . . . . . . . . 6 Section 5 . Powers . . . . . . . . . . . . . . . . . 6 Section 6 . Compensation. . . . . . . . . . . . . . . 7 Section 7 . Meetings . . . . . . . . . . . . . . . . . 7 Section 8 . Annual Statement. . . . . . . . . . . . . 8 ARTICLE IX. OFFICERS. . . . . . . . . . . . . . . . . . 8 Section 1 . Elective Officers . . . . . . . . . . . . 8 Section 2 . Election. . . . . . . . . . . . . . . 9 Section 3 . Appointive Officers . . . . . . . . . . . 9 Section 4 . Term. . . . . . . . . . . . . . . . . 9 Section 5 . The President . . . . . . . . . . . . . . 9 Section 6 . The Vice President. . . . . . . . . . . . 9 Section 7 . The Secretary . . . . . . . . . . . . . . 9 Section 8. The Treasurer . . . . . . . . . . . . . . 10 Section 9 . Agreements, etc . . . . . . . . . . . . . . 10 ARTICLE X. NOTICES . . . . . . . . . . . . . . . . . . 10 Section 1 . Definitions . . . . . . . . . . . . . . . 10 Section 2 . Service of Notice Waiver. . . . . . . . . 10 ARTICLE XI ASSESSMENTS AND FINANCES. . . . . . . . . . 11 Section 1 . Purpose of Assessments . . . . . . . . . . 11 Section 2 . Basis of Assessments . . . . . . . . . . . 11 Section 3 . Date of Commencement of Assessments : Due Dates . . . . . . . . . . . . 11 Section 4 . Effect of Non-Payment of Assessment. 11 Section 5 . Subordination of Lien to Mortgages 11 Section 6 . Checks . . . . . . . . . . . . . . . 11 Section 7 . Operating Account. . . . . . . . . . . . 11 Section 8 . Other Accounts . . . . . . . . . . . . . 11 ARTICLE XII . AMENDMENTS . . . . . . . . . . . . . . . . 11 ARTICLE XIII . SELLING, LEASING AND GIFTS OF HOMES. . . . 12 Section 1 . Selling and Leasing Homes . . . . . . . . 12 Section 2 . Gifts, etc. . . . . . . . . . . . . . . . 12 ARTICLE XIV. GENERAL PROVISIONS . . . . . . . . . . . . 13 Section 1 . Fiscal Year. . . . . . . . . . . . . . . 13 Section 2 . Seal . . . . . . . . . . . . 13 Section 3 . Examination of Books and Records . . . . . 13 Section 4 . Construction . . . . . . . . . . . . . . 13 Section 5 . Severability . . . . . . . . . . . . . . 13 BY-LAWS OF PLOCR SHELLFISHER PRESERVE HOMEOWNERS ASSOCIATION, INC. A New York Not-For-Profit Corporation ARTICLE I . NAME, LOCATION AND PRINCIPAL OFFICE These are the By-Laws of Plock Shellfisher Preserve Homeowners Association, Inc. hereinafter referred to as the "Association" . The principal office of the Association shall be located at North Bayview Road, County of Suffolk and State of New York. ARTICLE II . DEFINITIONS The following words when used in these By-Laws shall, unless the context otherwise prohibits, have the meanings set forth below: (a) "Association" shall mean and refer to Plock Shellfisher Homeowners Association, Inc. , a New York Not- for-Profit Corporation. (b) "Developer" shall mean and refer to Plock Family Joint Venture c/o Richard F. Lark, Managing Agent, Main Road, P. O. Box 973, Cutchogue, New York 11935, and its successors and assigns if such successors and assigns should acquire an undeveloped or developed but unsold portion of The Properties from the developer for the purpose of development. (c) "Declaration" shall mean and refer to the Declaration of Protective Covenants, Restrictions and Easements applicable to The Properties recorded among the land records in the Clerk of the County of Suffolk, New York. (d) "The Properties" shall mean and refer to all those easement areas of land described in and subject to the Declaration. (e) "Lot" shall mean and refer to any plot of land in tended and subdivided for residential uses shown on the subdivision map of the Properties but shall not include the Common Areas as herein defined. (f) "Member" shall mean and refer to each holder of a membership interest in the Association, as such interest is set forth in Article VI . (g) "Home" shall mean and refer to all units of residential housing situated upon lots located on The Properties. (h) "Owner" shall mean and refer to the record owner of fee simple title to any Lot, including the Developer with respect to any unsold Lot. Every Lot Owner shall be treated for all purposes as a single owner for each Lot held, irrespective of whether such ownership is joint, in common or tenancy by the entirety. Where such ownership is joint, in common or tenancy by the entirety, majority vote of such owners shall be necessary to cast any vote to which such owners are entitled, but not more than one vote may be cast with respect to any such Lot. (i) "Common Properties" or "Common Areas" shall mean and refer to certain easement areas and rights of ways, other than individual Lots as shown on the filed subdivision map and intended to be devoted to the common use and enjoyment of the owners of the Properties . ( j ) "Development" shall mean Plock Shellfisher Preserve, consisting of four (4) residential Lots and Lot 5 to the conveyed to Peconic Land Trust, having uses as set forth in the Declaration. ARTICLE III . PURPOSE This Association is formed to maintain the Common Properties . ARTICLE IV. APPLICABILITY All present and future Members shall be subject to these By-Laws and to the rules and regulations issued by the Association to govern the conduct of its Members . ARTICLE V. USE OF FACILITIES The Common Propitious shall be limited to the use by the Members and their guests . In the event that a Member shall lease or permit another to occupy any Home located on a Lot, however, the lessee or occupant shall at the option of the Member, be permitted to enjoy the use of the Common Properties in lieu of and subject to the same restrictions and limitations as said Member. However, both the Member and the Lessee may not use the facilities at the same time. Any Member, lessee or occupant entitled to the use of the Association facilities may extend such privileges to members of his family residing in his household by notifying the Secretary in writing of the names of any such persons and of the relationship of such Member, lessee or occupancy to such persons . 2 ARTICLE VI . MEMBERSHIP AND VOTING RIGHTS Section 1 . Membershio. The Association shall have one class of membership interest as follows : The Owner of each Lot on the Properties shall be a member of the Association whether such ownership is joint, in common or tenancy by the entirety. Each member is entitled to one vote. When more than one person or entity holds such interest in any Lot, the one vote attributable to such Member shall be exercised as such persons mutually determine but not more than one vote may be cast with respect to any such Lot. No member shall split or divide its votes on any motion, resolution or ballot. ARTICLE VII . QUORUM, PROXIES AND WAIVERS Section 1 . Ouorum. So many Members as shall represent at least 51% of the total authorized votes of all Members present in person or represented by written proxy shall be requisite to and shall constitute a quorum at all meetings of the Association and shall constitute a quorum at all meetings of the Association for the transaction of business, except as otherwise provided by Statute, by the Declaration, the Certificate of Incorporation of the Association or by these By-Laws . If, however, such quorum shall not be present or represented at any meeting of the Association, the Members entitled to vote thereat, present in person or represented by written proxy, shall have the power to adjourn the meeting. At least 5 days written notice of such adjourned meeting shall be given to all Members . At such adjourned meeting any business may be transacted which might have been transacted at the meeting originally called. At such adjourned meeting, so many members as shall represent at least 33 1/3% of the total authorized votes of all members shall constitute a quorum. Section 2 . Vote Required to Transact Business . When a quorum is present at any meeting, or the necessary number of members at any adjourned meeting, the vote of a majority of the Members present in person or represented by written proxy shall decide any question brought before such meeting and such vote shall be binding upon all Members, unless the question is one upon which by express provision of the Statute, Declaration, Certificate of Incorporation or of these By-Laws, a different vote is required, in which case such express provisions shall govern and control the decision of such question. Section 3 . Right to Vote. Members shall be entitled to vote either in person or by proxy at any meeting of the Association. Any such proxy shall only be valid for such meeting or subsequent adjourned meetings thereof . 3 Section 4 . Proxies . All proxies shall be in writing signed by the owner, and shall be filed with the Secretary prior to the meeting at which the same are to be used. A notation of such proxies shall be made in the minutes of the meeting. Section 5 . Waiver and Consent. Whenever the vote of the membership at a meeting is required or permitted by Statute or by any provision of the Declaration, Certificate of Incorporation or by these By-Laws to be take in connection with any action of the Association, the meeting and vote of the membership may be dispensed with if all Members who would have been entitled to vote upon the action if such meeting were held, shall consent in writing to such action being taken. Section 6 . Place of Meeting. Meetings shall be held at any suitable place convenient to the Members as may be designated by the Board of Directors and designated in the notices of such meetings . Section 7 . Annual Meetings . The first annual meeting of the membership of the Association shall be held within six ( 6) months of the closing of the first Lot. Thereafter, the annual meeting of the membership of the Association shall be held on such date as is fixed by the Board of Directors . At such meetings there shall be elected by ballot of the membership a Board of Directors in accordance with the requirements of Article VIII of these By Laws . The Members may also transact such other business as may properly come before the meeting. Section 8 . Special Meetings . It shall be the duty of the President to call a special meeting of the Association, if so directed by the Board of Directors, or upon the presentation to the Secretary of a petition signed by a majority of the Members . Section 9 . Notice of Meetings . It shall be the duty of the Secretary to mail a notice of each annual or special meeting, stating the purpose thereof as well as the time and place where it is to be held, to each Member at least ten but not more than thirty days prior to such meeting. The mailing of a notice in the manner provided in these By-Laws shall be considered notice served. Section 10 . Order of Business. The order of business at all meetings shall be as follows: (a) Roll call (b) Proof of notice of meeting or waiver of notice (c) Reading of minutes of preceding meeting (d) Report of officers (e) Report of committees 4 (f) Appointment of inspectors of election (in the event there is an election) (g) Election of Directors (in the event there is an election) (h) Unfinished business (i) New business ARTICLE VIII . BOARD OF DIRECTORS Section 1 . Number and term. The number of Directors which shall constitute the whole Board shall be three. An initial Board consisting of three Directors shall be designated by the Developer to serve until the first annual meeting of the Association. At the first annual meeting and at all subsequent annual meetings the Members shall vote for and elect three directors to serve for one year terms and until their successors have been duly elected and qualified. All directors, other than those the Developer shall have the right to designate, must either be Members of the Association or immediate family members of a member owning a Lot or residing in any Member' s home that may be located on a Lot. As required by law, each Director shall be at least nineteen years of age. Section 2 . Voting and Right of Developer to Designate Certain Board Members . In an election of Directors, each Member shall be entitled to one ( 1 ) vote. Notwithstanding the foregoing, the Developer shall have the right to designate two (2 ) or a majority of the Directors whichever is greater, until the fifth anniversary date of the closing of title to the first Lot or until 60% of the Lots in the Development have closed title, whichever is sooner. Thereafter, the Developer shall have the right to designate one Director so long as it holds at least one membership. When the Developer no longer has any Lots for sale, it may not designate any Directors . Developer may not cast its votes to elect any Directors in addition to the designated Directors set forth above. The provisions of Article VIII Sections 1 and 2 may not a amended without the written consent of the Developer. Section 3 . Vacancy and Replacement. If the office of any Director other than a Director appointed by the Developer, becomes vacant by reasons of death, resignation, retirement, disqualification, removal from office or otherwise, a majority of the remaining Directors, though less than a quorum, at a special meeting of Directors duly called for this purpose, shall choose a successor, who shall hold office for the unexpired term in respect of which such vacancy occurred and until his successor is duly elected and qualified. In the event a Director appointed by Developer resigns, the Developer shall have the right to appoint another Director in his place. 5 Section 4 . Removal . Directors may be removed for cause by an affirmative vote of a majority of the Members . No Director, other than a designee of the Sponsor, shall continue to serve on the Board if, during his term of office, he shall cease to be a Member. Section 5 . Powers. (a) The business of the Association shall be managed by its Board of Directors, which may exercise all such powers of the Association and do all such lawful acts and things as are not by Statute, Declaration, Certificate of Incorporation or by these By-Laws, directed or required to be exercised or done by the Members or Owners personally. These powers shall specifically include, but not be limited to the following items : 1 . To determine and levy assessments ( "Association assessments" ) to cover the cost of maintaining the Properties payable in advance. The Board of Directors may increase the assessments or vote a special assessment in excess of that amount, if required, to meet any additional necessary expenses . 2 . To collect, use and expend the assessments collected to maintain, care for and preserve the easement areas, rights of ways, boat basin and channel dredging. 3 . To make repairs, restore or alter the Common Properties after damage or destruction by fire or other casualty or as a result of condemnation or eminent domain proceedings . 4 . To open bank accounts and borrow money on behalf of the Association and to designate the signatories to such bank accounts . 5 . To collect delinquent assessments by suit or otherwise, to abate nuisances and to enjoin or seek damages from Members for violations of the house rules or rules and regulations herein referred to. 6 . To employ workmen, contractors and supervisory personnel, and to purchase supplies and equipment, to enter into contracts to provide maintenance and other services, and generally to have the power of Directors in connection with the matters hereinabove set forth. 7 . To bring and defend actions by or against one or more Members pertinent to the operation of the Association and to assess special assessments to pay the cost of such litigation. 6 8. To hire a Managing Agent to perform and exercise the powers of the Board of Directors in the management of the Development. 9 . (a) The Board of Directors may, by resolution or resolutions, passed by a majority of the whole Board, designate one or more committees, each of such committees to consist of at least three ( 3) Members or immediate family members of a Member owning a Lot or residing in any home on a Lot of a Member, one of whom shall be a Director, which, to the extent provided in said resolution or resolutions, shall have and may exercise the powers of the Board of Directors in the management of the business and affairs of the Association and may have power to sign all papers which may be required, provided the said resolution or resolutions shall specifically so provide. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors . Committees established by resolution of the Board of Directors shall keep regular minutes of their proceedings and shall report the same to the Board as required. (b) Notwithstanding anything to the contrary contained in these By-Laws, so long as the Developer or its designee shall continue to own lots representing at least 40% of the total lots in the development or more, but in no event later than 5 years from the closing of title to the first lot, the Board of Directors may not, without the Developer' s prior written consent (i) make any addition, alteration or improvement to the common area, or (ii) assess any Association charges for the creation of, addition to or replacement of all or party of a reserve, contingency or surplus fund or, (iii) enter into any service or maintenance contract for work not covered by contracts in existence on the date the said Plan is declared effective or, (iv) borrow money on behalf of the Association or, (v) increase or decrease the services or maintenance; (vi) purchase any materials, equipment or other goods costing in excess of $2, 500 . Developer shall not use its veto power or control of the Board of Directors to reduce the level of services described in the Offering Plan or prevent capital repairs or prevent expenditures required to comply with applicable laws or regulations . Section 6 . Compensation. Directors and officers, as such, shall receive no compensation for their services . Section 7 . Meetings. (a) The first meeting of each Board newly elected by the Members shall be held immediately upon adjournment of the meeting at which they were elected, provided a quorum shall then be present, or as soon thereafter as may be practicable. The annual meeting of the Board of Directors 7 shall be held at the same place as the annual meeting of Association Members and immediately after the adjournment of same, at which time the dates, places and times of regularly scheduled meetings of the Board shall be set. (b) Regularly scheduled meetings of the Board may be held without special notice. (c) Special meetings of the Board may be called by the President on two (2 ) days notice to each Director either personally or by mail or telegram. Special meetings shall be called by the President or Secretary in a like manner and on like notice on the written request of at least two (2 ) Directors . (d) At all meeting of the Board, a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business, and an act of a majority of the Directors present at any meeting at which there is a quorum shall be the act of the Board of Directors, except as may be otherwise specifically provided by Statute or by the Declaration or by these By-Laws. If a quorum shall not be present at any meeting of Directors, the Directors present thereat may adjourn the meeting from time to time, without notice other than announcement at the meeting until a quorum shall be present. (e) Before or at any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. Section 8 . Annual Statement. The Board of Directors shall furnish to all Members and shall present annually (at the annual meeting) and when called for by a vote of the Members at any special meeting of the Members, a full and clear statement of the business conditions and affairs of the Association, including a balance sheet and profit and loss statement compiled by an independent certified public accountant and a statement regarding any taxable income attributable to the Members and a notice of the holding of the annual meeting of Association members . ARTICLE IX. OFFICERS Section 1 . Elective Officers . The officers of the Association shall be chosen by the Board of Directors and shall consist of a President, a Vice-President, a Secretary and a Treasurer. The Board of Directors may also choose one or more Assistant Secretaries and Assistant Treasurers and 8 such other officers as in their judgment may be necessary. All officers must be either members of the Board of Directors or members of the Association. Other than the President, two or more offices may be held by the same person. Section 2 . Election. The Board of Directors, at its first meeting after each annual meeting of Association Members, shall elect a President, a Vice President, a Secretary and a Treasurer. Only the President must be a member of the Board. Section 3. Appointive Officers . The Board may appoint such other officers and agents as it shall deem necessary who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. Section 4 . Term. The officers shall hold office for a period of one year or until their successors are chosen and qualify in their stead. Any officer elected or appointed by the Board of Directors may be removed with or without case, at any time, by the affirmative vote of a majority of the Board of Directors, provided prior notice was given to all Board members that this item was on the agenda for such meeting. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors . Section 5 . The President. The President shall be the chief executive officer of the Association; he shall preside at all meetings of the Association Members and the Board of Directors, shall be an ex-officio member of all standing committees, shall have general and active management of the business of the Association, shall see that all orders and resolutions of the Board are carried into effect and shall have such other powers and duties as are usually vested in the office of President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. Section 6 . The Vice President. The Vice President shall take the place of the President and perform his duties whenever the President shall be absent or unable to act and shall have such other powers and duties as are usually vested in the office of Vice President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. Section 7 . The Secretary. The Secretary and/or Assistant Secretary shall attend all sessions of the Board and all meetings of Association Members and record all votes and the minutes of all proceedings in a book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be 9 given, notice of all meetings of Association Members and special meetings of the Board of Directors, and shall perform such other duties as may be prescribed by the Board of Directors or by the President, under whose supervision he shall be. Section 8 . The Treasurer. The Treasurer shall have the custody of the Association funds and securities and shall keep full and accurate chronological accounts of receipts and disbursements in books belonging to the Association including the vouchers for such disbursements, and shall deposit all monies, and other valuable effects in the name and to the credit of the Association in such depositories as may be designated by the Board of Directors . These duties may also be exercised by the Managing Agent, if any. However, such Managing Agent shall not replace the Treasurer. He shall disburse the funds of the Association as he may be ordered by the Board, making proper vouchers for such disbursements and shall render to the President and Directors, at the regular meeting of the Board or whenever they may require it, an account of all his transactions as Treasurer, and of the financial condition of the Association. He shall keep detailed financial records and books of account of the Association, including a separate account for each Member, which among other things, shall contain the amount of each assessment, the date when due, the amount paid thereon and the balance remaining unpaid. Section 9 . Agreements , etc. All agreements and other instruments shall be executed by the President of such other person as may be designated by the Board of Directors . ARTICLE X. NOTICES. Section 1 . Definitions . Whenever under the provisions of the Declaration or of these By-Laws, notice is required to be given to the Board of Directors or to any Director or Association Member, it shall not be construed to mean personal notice; but such notice may be given in writing, by mail, by depositing the same in a post office or letter box in a postpaid sealed wrapper, addressed to the Board of Directors, such Director, or Member, at such address as appears on the books of the Association. Section 2 . Service of Notice Waiver. Whenever any notice is required to be given under the provisions of the Declaration, or of these By-Laws, a waiver thereof, in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent thereof. 10 ARTICLE XI . ASSESSMENTS AND FINANCES Section 1 . Purpose of Assessments . The purpose of assessments is as specified in Article V C. of the Declaration. Section 2 . Basis of Assessments . The basis of the Assessments is as specified in Article I of the Declaration. Section 3 . Date of Commencement of Assessments : Due Dates . The date of commencement and the due dates of assessments shall be upon closing of title to a lot in the Development and as provided in the Declaration. Section 4 . Effect of Non-Payment of Assessment: Remedies of the Association. The effect of non-payment of assessments and the remedies of the Association shall be as specified in Article V G. of the Declaration. Section 5 . Subordination of Lien to Mortgages . The lien of the assessments provided for herein shall be subordinated pursuant to the provisions of Article V F. of the Declaration. Section 6 . Checks . All checks or demands for money and notes of the Association shall be signed by the President and Treasurer, or by such other officer or officers of such other person or persons as the Board of Directors may from time to time designate. Section 7 . Operating Account. There shall be established and maintained a cash deposit account to be known as the "Operating Account" into which shall be deposited the operating portion of all monthly and special assessments as fixed and determined for all members . Disbursements from said account shall be for the general needs of the operation including, but not limited to, wages, repairs, betterments, maintenance and other operating expenses of the community. Section 8 . Other Accounts . The Board shall maintain any other accounts it shall deem necessary to carry out its purposes. ARTICLE XII . AMENDMENTS. Except as otherwise provided, there By-Laws may be altered, amended or added to at any duly called meeting of Association Members provided: ( 1) that the notice of the meeting shall contain a full statement of the proposed amendment and (2 ) that the amendment shall be approved by vote of at least eighty (80% ) percent of the members . No amendment, however, shall affect or impair the validity or 11 priority of the Members ' interests and the interests of holders of a mortgage encumbering a Member ' s Lot or any Home constructed thereon. Not shall any amendment have the effect of infringing upon the Developer' s right to develop and make membership in or use of the Association available to purchasers or lessees of no more than four (4) residential Lots on the Properties . ARTICLE XIII . SELLING, LEASING AND GIFTS OF LOTS Section 1 . Selling and Leasing Lots or any Home thereon. Any Lot or Home thereon may be conveyed or leased by a Member free of any restrictions except that no Member shall convey, mortgage, pledge, hypothecate, sell or lease his Lot or Home thereon unless and until all unpaid Association expenses assessed against the Lot shall have been paid as directed by the Board of Directors . Such unpaid Association expenses, however, may be paid out of the proceeds from the sale of a Lot, or by the Grantee. Any sale or lease of a Lot or Home thereon in violation of this section shall be voidable at the election of the Board of Directors . Upon the written request of a Member or his mortgagee, the Board or its designee shall furnish a written statement of the unpaid charges due from such Member which shall be conclusive evidence of the payment of amounts assessed prior to the date of the statement. A reasonable charge may be made by the Board for the issuance of such statements . The provisions of this section shall not apply to the acquisition of a Lot or Home constructed thereon by a mortgagee who shall acquire title to such Home by foreclosure or be deed in lieu of foreclosure. In such event the unpaid assessments against the Lot or Home constructed thereon which were assessed and became due prior to the acquisition of title to such Lot or Home constructed thereon by such mortgagee shall be deemed waived by the Association and shall be charged to all other members of the Association as a common expense. Such provisions shall, however, apply to any assessments which are assessed and become due after the acquisition of title to such Lot or Home constructed thereon by the mortgagee and to any purchaser from such mortgagee. Whenever the term "Lot" is referred to in this Section, it shall include the Lot, the Home, the Member ' s interest in the Association and the Member' s interest in any Lots or Homes acquired by the Association. Section 2 . Gifts, etc. Any Member may convey or transfer his Lot or Home thereon by gift during his lifetime or devise his Lot or Home thereon by will or pass the same by intestacy without restriction. 12 ARTICLE XIV. GENERAL PROVISIONS Section 1 . Fiscal Year. The fiscal year of the Association shall be fixed by resolution of the Board of Directors . Section 2 . Seal . The Association seal shall have inscribed thereon the name of the Association and the year of its incorporation under the laws of the State of New York. The seal may be used by causing it or a facsimile thereof to be impressed or affixed or in any manner reproduced. Section 3 . Examination of Books and Records . Each Member, or their respective representatives and first mortgagees, shall be entitled to a reasonable examination of the books and records of the Association at any time upon reasonable notice to its Board of Directors . The Declaration, Certification of Incorporation and the By-Laws of the Association shall be available for inspection by any Member or first mortgagee at the principal office of the Association. Section 4 . Construction. Whenever the masculine singular form of the pronoun is used in these By-Laws, it shall be construed to mean the masculine, feminine or neuter, singular or plural, whenever the context so requires . In the case of any conflict between the Certificate of Incorporation and these By-Laws, the Certificate shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control . Section 5 . Severability, Should any of the covenants, terms or provisions herein imposed be or become unenforceable at law or in equity, the remaining provisions of these By-Laws shall, nevertheless, be and remain in full force and effect. 13 • • , /CIS 1 AW OFFICES RICHARD F. LARK MAIN ROAD-P.O.BOX 973 CUTCHOGUE.NEW YORK 119150973 TFLEPHONE 516 734-6807 RICHARD F. LARK MARY LOU FOLTS October 25, 1994 Melissa Spiro, Planner Southold Town Planning Board Town Hall, 53095 Main Road P. 0. Bo 1179 Southold, NY 11971 RE: Subdivision - Plock Shellfisher Preserve Southold, New York SCTM# 1000-79-5-20 .2 Dear Miss Spiro: 7 Enclosed are two (2) Mylars and -&!-A 3 paper prints of the final subdivision map with a valid stamp of the Suffolk County Department of Health Services approval thereon. Very truly yours, Mary Lou Folts MLF/m Enclosures OCT 3 11994 SOUTH%L'J TOY/iJ PLAAJPi6NCr cGAR3 PLANNING BOARD MEMBERS Richard G.Ward, Chairman Town Hall,53095 Main Road George Ritchie Latham,Jr. `j ry P. O. Box 1179 Bennett Orlowski,Jr. %• ° Southold, New York 11971 Mark S. McDonald + �' Fax(516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE 19 TOWN OF SOUTHOLD �• �8, 1994 James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: A,,. k. �llock Tax Map No. : 1000- 7q-5 -ap.11 Street Location: Hamlet Location: �, o�& Type of Application: Sketch Subdivision Mao (Dated / / ) Preliminary Subdivision Mao (Dated Final Subdivision Map (Dated Road Profiles ge (Dated / / ) Grading and Draina Plans (Dated / / ) Other (Dated Sketch Site Plan (Dated / / ) Preliminary Site Plan (Dated / / ) Gradina and Drainage Plans (Dated Other (Dated Comments•- j tv_ �rma�� dAe brn A a d4o apes k a Auo fo0.0[ 0. ✓�@,n\a. T LAW OFFICES RICHARD F. LARK MAIN ROAD P.O.BO%973 CUTCHOGUE.NEW YORK I i93S 0973 TELEPHONE 516 734-6807 RICHARD F. LARK MARY LOU FOLTS October 13, 1994 Melissa Spiro, Planner Southold Town Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 RE: Subdivision for Anna K. Plock Plock Shellfisher Preserve Southold, New York SCTM# 1000-79-5-20 .2 Dear Ms . Spiro: Pursuant to the Planning Board' s requirements for final submission, I am enclosing six ( 6) copies of the final drainage plans and road profiles revised in accordance with the April 9, 1993 Engineering Inspector' s Report. As you will recall, the Engineer conducted a final inspection and filed a Report dated June 21, 1994 approving the road and drainage construction, which report was adopted by the Planning Board on October 3, 1994 . Very truly yours, Mary Lou Folts MLF: lc Enclosures 19,94 sourt+aLo Tr,�nli,� �j PLANNING 36ARD d ram!S AW Orl IC FG IR IC HARD F. LARK MAIN ROAD P.O.RO%973 CUTCIIOGUE NEW YORK 11935 0913 Tr1.r Pi-In Nr 516 734 6807 RICHARD F. LARK MARY LOU FOL"T5 October 7, 1994 Southold Town Planning Board Town Ball, 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Melissa Spiro, Planner RE: Subdivision for Plock Shellfisher Preserve SCTM #1000-079 . 00-05. 00-020 .002 Dear Ms . Spiro: Pursuant to your request in connection with the above- captioned matter, I am enclosing a copy of the Grant of Easement with New York Telephone Company dated September 25 , 1993 and the Electric Easement with Long Island Lighting Company dated March 15 , 1994. Kindly let me know if the above meets with your approval. :ckha RFL/bd rd F. k Enclosures L OCT 1419 44 D Pt � D w ' D 4 ELECTRIC EASEMENT 4 ►994 (UNDERGROUND) Dist. - 1000 Sect. - 79 SOUP- O Block- 5 Lot- 20.2 THIS INDENTURE, made the IS"^ day of 19Qy between ANNA K. PLOCK, 945 Hobard Road, Southold, New York, CAROL ANNE WEIL, 10003 North Bayview Road, Southold, New York; DEBORAH ANNE PLOCK, 10003 Bayview Road, Southold, New York; WILLIAM JOHN PLOCK, 945 Jockey Creek Drive, Southold, New York; KATHERINE MARIAN ROKE, 10003 North Bayview Road, Southold, New York, as owners and CAROL ANNE WEIL, 10003 North Bayview Road, Southold, New York; JEROME F. HOLUB, JR. , 78 Debbie Lane, Berkeley Heights, New Jersey; RICHARD F. LARK, ESQUIRE, 28785 Main Road, Cutchogue, New York; and WALLACE KANDELL, 10578 Stonebridge. Road, Boca Raton, FL , as Owners as Trustees, the grantors, and LONG ISLAND LIGHTING COMPANY, a New York corporation duly organized and existing under and by virtue of the laws of the State of New York, having its principal office at 175 E. Old Country Road, Hicksville, New York, the grantee, - WITNESSETH, that the grantor, in consideration of the sum of One ($1.00) Dollar lawful money of the United States and other good and valuable consideration paid by the grantee, does hereby grant and release unto the grantee, its successors and assigns, forever, easements and rights-of-way on, over, under, across, through and along certain portions of the land of the grantor shown on map of said land entitled "Anna K. Plock", lying and being in Southold, Town of Southold, County of Suffolk, State of New York, and filed in the Office of the Clerk of said County on August 17, 1992, as Map No. 50175. A copy of said map, on which are now shown the location and width of the said easements and rights-of-way herein granted, is attached hereto and made a part hereof as "Exhibit A" . Said easements and rights-of-way herein granted include the following rights and privileges: FIRST: To construct, reconstruct, relocate, operate, repair, maintain and, at its pleasure, remove underground or grade level electric systems, transformers, power pedestals and switchgear together with the necessary manholes and accessories as said grantee may now and from time to time deem necessary. SECOND: To attach to the electric distribution lines installed or to be installed thereon other wires for the purpose of providing electric service to consumers upon property adjacent to said easements and rights- of-way. THIRD: To permit the installation of wires and facilities of public utility companies or others and to convey to such other companies an interest in the easements and rights-of-way herein granted. FOURTH: To permit such access from the street over the balance of the grantor's property as is necessary for the enjoyment of the easements and rights-of-way herein granted. 20-72252-340-836-370 -2- ELECTRIC EASEMENT (UNDERGROUND) FIFTH: Grantor agrees not to erect or maintain within the easement area any building, structure or physical obstruction, including trees and shrubbery, of any kind or nature whatsoever or permit the same to be so erected or maintained, except such as the Grantee may specifically consent to in writing. SIXTH: The cables, conduits, manholes, transformers, power pedestals, switchgear, vaults, vents, and other apparatus as from time to time installed, constructed and maintained by the grantee shall at all times be and remain the property of the grantee, its successors and assigns. SEVENTH: The grantor covenants that it is seized of the said land and, for itself, its successors and assigns, forever warrants its title thereto and will defend the easements and rights-of-way herein granted, forever, against all lawful claims and demands. The easements and rights-of-way herein granted are exclusive and shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the grantor has caused these presents to be duly executed (under seal) the day and year first above written. ANNA K. PLOCK CAROL ANNE WEIL DEBORAH ANNE PLOCK O. wiLL0 JOHN PLOCKILN C' -1P 0) KATHERINE MARIAN ROKE 20-72252-340-836-370 ELECTRIC EASEMENT (UNDERGROUND) -3- OkaUQ (it:v%O CAROL ANNE WEIL, Trus JEROME F. HOLUB&Jjkjrustee RIC Trustee z .Q _- A WALLOE KANDELL, Trustee 20-72252-340-836-370 8a € R GENERAL NOTES a Z US PREASED AS=~CT4R yE 'aES51L Y ER a RTLETT N, C {W`rlit CATE CS MpNSRRMv a-.A-N E.xw1QORiRL YR 6 M KY ARR 6T=TE I.II 4� - CWRCNaTE STATEY,L.i.IOXE S VERTKRL RA S T1E NATIONAL CEOOETIC VERTICAL I' /J hA R•IorTRr1Y RYppRrl M.mon CATW pE (STAR SEA LEaTl•fANM XMM,R 1 / V t I LEGEND 3 mhoo - - O f I °e ..® xlw w w O ttu _ �} •T 6ro1 ELE.oa.UTILITY MLE a�- O 1 ..e , xcE h /yam a Lu Ri >. 71 AI RI R w4TOW SET �_ . AED C a I O�I, EwA uu �.� y a C � A,w= 1 wi>•� oe or iwr.yrl y� � R 6E� Y RK I f.. tin% w �y• pp YHv C s [x. _ _ _ _ � ^�'R. 'I� 4La Qc _ I'✓1 e T y M' eVM1 i _ tiI hRu.Ra �pIR W L=-F�II LAGOON \\;I' (P ;RAC sGO T A II• MTrr'r.v3R `1R7��` �rcal'�}shw'RB\\ R4 ': r eW.RwerAwT � AI A eRAXR EL AR6. - _ ( �.:t„ `:.7 s ror AT M^•I evunRw un RK I�� l a ` MA A AA Ai. A� a IxA• 1 �A AL IAR a� ES nae�em Rsun A m1136B2R1 L I SITE Ai AREA l� =E � TEW 1Y(—I 1 _ z. DSEG+I ST-RE RESIDENTIAL BOAT 1 2TQtAL 116E ILM-�RF6DEHT 4L L(iW DEN iITY'G L' e151x s aineari.• - ✓` .--1� V r J� AT AL xO.OFLeE ROAD SIFT. 4RR 01 R60cn ' I 41plGL LEXDTX OF ROGD. 1 SSaRs•Mc.'SUIIWF CwnIV Gi4 Na 6]I 1 ....0 Ro a E.XHIDI T"A• 'r::��I P� �L-12252-31p-S'!b-E70 PRELIMINARY SUBDIVISION MAP ia: I�•` _ M ♦~ ,vo• PHFFAFED FOR •�' � I•a DRAWA6E OALOULATIONS w• o ANNp' K. PUCK i �w ..R. RAR..«LGr.E w' AT BAYVIEW _ � _ �•^^^ TOWN OF SOUTHOLD • '� a�`zRa ��=I.Rn.•R SUFFOLK COUNTY,NY >,A.R,—SUIa.,L:. °a,ms wxRu ,L. w�wIS,4c cRl STATE OF NEW YORK, iss. : COUNTY OF SUFFOLK JJ On the a'A day of TVNY one thousand nine hundred and ninety-foal before me came ANNA K. PLOCK residing at 945 Hobard Road, Southold, New York to me known to be the individual described in, and who executed the foregoing instrument, and acknowledged that She executed the same. Ego" "Itt� Notary Pubamomlic COUNTY OFSTATE OF NEW YORK,) ss. : Aj uft Slat& Cooyy SUFFOLK ComwwWm EmGae Ocitzo 3r, im On the 0104 day of Td, e , one thousand nine hundred and ninety-Four before me came CAROL ANNE WEIL, residing at 10003 North Bayview Road, Southold, New York to me known to be the individual described in, and who executed the foregoing instrument, and acknowledged that -he ex'/egcuted the same. Notary Public STATE OF NEW YORK,l AMMONQW }s s. : Ndwy Puw,strAe d New YaAt COUNTY OF SUFFOLK 11 Ab, 403;190,SdfcAc Co" Comra'sabir Ebro.O.1obor 31,19W On the 'a� J day of ToNe , one thousand nine hundred and ninety-Foor before me came DEBORAH ANNE PLOCK, residing at 10003 Bayview Road, Southold, New York to me known to be the individual described in, and who executed the foregoing instrument, and acknowledged that She executed the same. L.ULEJ Notary Public STATE OF NEW YORK, lss. : �� Iwiftm iwM6tk COUNTY OF SUFFOLK Jf Nk 4M1GO.SdIA CW* cw " 60"Odow 31,1t194/ On the day of ToNe one thousand nine hundred and ninety-Four before me came WILLIAM JOHN PLOCK, residing at 945 Jockey Creek Drive, Southold, New York to me known to be the individual described in, and who executed the foregoing instrument, and acknowledged that he `executed the same. Notary Public STATE OF NEW YORK, lNFOss. : Y MOMde d NOW yqk COUNTY OF SUFFOLK ff No.,frygo sdfA C"* On the a^� day of �0 a Cemmb"E'er Odobw 31,199y one thousand nine hundred and ninety-Four before me came KATHERINE MARIAN ROKE, 10003 North Bayview Road, Southold, New York to me known to be the individual described in, and who executed the foregoing instrument, and acknowledged that she executed the same.-- QQ Notary Public ODUSMI N*JY Pub%State of New Yo* ND.1835189,&A*Co" E40 Odabn 31.1W I STATE OF NEW YORK, iss. : COUNTY OF �FAbtf J NCtW Yuj On the ,24 day of Sep /e �� one thousand nine hundred and ninety-'four before me came JEROME F. HOLUB, JR. , residing at 78 Debbie Lane, Berkeley Heights, New Jersey to me known to be the individual described in, and who executed the foregoing instrument, and acknowledged that he executed the same. otary STATE OF NEW YORK, l ���� COUNTY OF SUFFOLK ss. . In*w AtY �p�/ otrnNwwNa��M..oattwMr>tt,il�f,s On the O—J day of :�uot one thousand nine hundred and ninety- our- before me came RICHARD F. LARK, residing at 28785 Main Road Cutchogue, New York to me known to be the individual described in, and who�`A,X"uted the foregoing instrument, and acknowledged that he executed the same. Notarlk"W&W STATE OF FLORIDA . . NoWy P&L.State of N w Yak COUNTY OFPo1m �}ss W.4MI90.SW`NONICW* l Caa k"E*ka Odubw 71.f99N On the th day of March one thousand nine hundred and ninety-fourbefore me came WALLACE KANDELL, residing at 10578 � �.,e•- bridge Road, Boca Raton, Florida / \I to me known to be the individual detNotalryPublia a execu fed the foregoing instrument, and acknowledge a� u e same. NOTARY PUBLIC STATE OF FLORID ,1994 BONDEDmy GENERAL ION EXP. INS 6UND iPTclWIrV1CQ STATE OF NEW YORK, l COUNTY OF ss" On the day of one thousand nine hundred and before me came to me known to be the individual described in, and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public STATE OF NEW YORK,iss. : COUNTY OF JJ On the day of one thousand nine hundred and before me came to me known to be the individual described in, and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public STATE OF NEW YORK ) ) se. : COUNTY OF ) On the day of one thousand nine hundred and , before me came to me known to be the individual described in, and who executed the foregoing instrument, and acknowledged that he executed the same. STATE OF NEW YORK ) ) ss. : COUNTY OF ) On the day of one thousand nine hundred and before me came , to me known, who being by me duly sworn, did depose and say that he resides at in that he is the of the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of of said corporation, and that he signed h name thereto by like order. W xH o x W H W ^ A V 04 wa X g a v w E. a voxw z x OR � z d1) U C AM ow H Uqq aa3 d .� D, P4 13 za ^ Ma w �a E+ °° d y aXc o W cxi ^a b E y 'a ,� U ti oa d q x z w0044 oxa m cca w0. O ro a z z cdHG H X c o `" W 4 X V105935 ROW 2-93 GRANT OF EASEMENT, made this day of S£OTGw9EQ 1993, between ANNA K. PLO CK, residing at 945 Hobart Road, Southold, New York; CAROL ANNE FLOCK, residing at 10003 North Bayview Road, Southold, New York; DEBORAH ANNE FLOCK, residing at 10003 North Bayview Road, Southold, New York; WILLIAM JOHN FLOCK, residing at 945 Jockey Creek Drive, Southold, New Yqrk; KATHERINE MARIAN FLOCK, residing at 10003 North Bayview Road, Southold, New York; CAROL ANNE FLOCK, as TRUSTEE UNDER THE WILL OF JOHN L. FLOCK, JR. , residing at 10003 North Bayview Road, Southold, New York; and RICHARD F. LARK, residing at 28785 Main Road, Cutchogue, New York, JEROME F. HOLUB, JR. , residing 78 Debbie Place, Berkeley Heights, New Jersey, and WALLACE KANDELL, residing at (no #) Basket Neck Lane, Remsenberg, New York, as TRUSTEES OF THE TRUST UNDER THE WILL OF JOHN L. FLOCK (hereinafter referred to as "Grantor") to NEW YORK TELEPHONE COMPANY, a corpora- tion of the State of New York, having its principal office at 1095 Avenue of the Americas, New York, New York (hereinafter referred to as "Grantee"). WHEREAS, the grantor owns in fee a certain parcel of land situated f DIET. 1000_$g(,�• 07 0 SLR, 0600 LOT .020.002 in the County of Suffolk , State of New York, as shown on Exhibit" A ", attached hereto and hereby made part of this Grant. NOW, THEREFORE, WITN98819TH: FIRST: That for and in consideration of the sum of One Dollar In hand paid by the grantee to Grantor the receipt of which is hereby acknowledged the grantor grants unto the grantee, Its successors and aesigme, the right, privilege and authority to construct, place, operate, replace, remove, repair and maintain service lines, including buried cable, pedestals, conduits, controlled environmental vaults (CEY's), manholes, poles and snob 1 crosaarms, guys, stubs, anchors, cables, wires and fixtures as the grantee may from time to time deem necessary upon, over, under and along the said land and the highways adjoining or upon said land y Exhibit "----A- Is � approximately an shown on together with the right of ingress and egress to exercise all of the rights herein granted and with the right to trim any trees and roots along said lines, as reasonably necessary, to keep the said cables and wires free and clear from interference on said land and said highways. SECOND: The exoluaive and permanent right-of-way and easement above described and herein conveyed is intended to prohibit the longitudinal or parallel occupancy of said easement strip by others, Including Grantor and to prohibit surface or subsurface structures or otherwise of others, including Grantor, which might damage or interfere with the operation and maintenance of Grantee's facilities without the prior written consent of grantee, but is not intended to Prohibit crossing of said easement strip so long as such crossings do not interfere with or prohibit the full use of the easement herein granted. Grantor agrees with the Grantee, on behalf of himself, his successors and assigns, and an a covenant running with the land, that the grade existing at the time of execution of this grant of easement will remain undistributed and maobamged. OCT 141994 SOUTNOLD iC!' PLAMP'I:�G !qA" THIRD: The Grantor hereby grants unto the Grantee, its successors and assigns the right to permit the attachment of the communication and electric service wires and facilities of other utility companies and to convey to such other companies an interest in the rights under this Grant. FOURTH: It is a condition of this Grant that each corporation receiving thin Grant shall pay the cost of guarding adequately all excavations made by that corporation under this Grant and pay the cost to restore or repair any damage done by that corporation to the property of the Grantor while plaalag, replacing, relocating, operating, repairing, maintaining, renewing or removing its facilities, and shall save harmless and indemnify the Grantor from any injury to its property, its employees or the public which may at any time occur through the negligence of that corporation. IN WITNESS WHEREOF, Grantor has caused this instrument to be duly executed under seal the day and year first above written. - Witness nna r6ck— ��� LIX Carol Anne Flock Let"b _R&Z/ Deborah Anne Flock 1� ��William John lock Katherine Marian` Flock aroLAnne Flock, Trustee ichard F. L rk, Trustee 0' i Je me F. Ho u , Jr. Wallace K ndell STATE OF NEW YORK: ss. . COUNTY OF SUFFOLK: On the dS)� day of SEPT�+ni9[i4 1993, before me personally came ANNA K. PLOCK, CAROL ANNE FLOCK, DEBORAH ANNE PLOCK, WILLIAM JOHN FLOCK, KATHERINE MARIAN PLOCK, CAROL ANNE FLOCK, as TRUSTEE UNDER THE WILL OF JOHN L. PLOCK, JR. , and RICHARD F. LARK, JEROME F. HOLUB, JR. , and WALLACE KANDELL, as TRUSTEES OF THE TRUST UNDER THE WILL OF JOHN L. FLOCK, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that each executed the same. NatATy-P4blic ►iARY LUu FMIS ►iojuy Pubk.Sub of NesYank E ftj0DDW"SA&CWJ* ,2"9 mw SNEG]ER 1rtAND 01WI ) V105935 O Mook , C) 8 Pg o �a Ply 0 a MAP OF: p�ocf� KEY CABLE Scurf/ u /,y PROPOSED 013. LOCALITY: = TOWN OF: SOUTM01-D �rv,lE COUNTY OF: SUFFOLK STATE OF: NEW YORK EXHIBIT ,A PLEASE RETURN TO, NEW YORK TELEPHONE CO 501 NO. OCEAN AVE PATCHOGUE. NY 11772 Art RAN SUPV ROOM 105 NewYorkTeWphone ANYNE=Company ripI NorII Ocean Avennn Palchopue.New York 1177P January 7 , 1994 SUBJECT: V105935 DISTRICT 1000 SECTION 07900 BLOCK 0500 LOT 020. 002 Cutchogue, New York Peconic Land Trust c/o Ms. Melanie A. Tebbens 30 Jagger Lane Southampton, New York 11969 Dear Ms. Tebbens: Enclosed please find a copy of the recorded agreement for New York Telephone Company facilities on property owned by Peconic Land Trust, located in Cutchogue, New York. The recording information has been noted. Please retain this copy for your files. Thank you for your courtesy and cooperation in this matter. Very truly yours, L V7 Is G. Ladd OCT 14 Asst. Mgr. , R/W L. I . New York Telephone SOUTFt!LDTGIb!N PLANNIiVG"nfi11PD GL:bs nn Enclosure D A1v1 NYNF%Recycles /L(0 LONG ISLAND LIGHTING COMPANY, .airauro 600 DOCTORS PATH - RD 2 • RIV ERHEAD. NEW YORK 11901 Direct Dial Number: (516) 548-7062 it December 2, 1993 1 Richard F. Lark, Esq. c/o Peconic Land Trust P. O. Box 2088 Southampton, New York 11969 Re: Plock Family Joint Venture LILCO Ref. # Dear Sir: Enclosed are an original and two copies of said easement between yourselves as property owners and grantors, and LILCO, the grantee. Please sign each of these on the second pages and have them notarized in BLACK INK on the backs of the jackets. After the easement has been executed, please return the original and first copy to this office and keep the second copy for your record. In addition, Suffolk County now requires a 'Real Property Transfer Gains Tax Affidavit" (attached) to accompany each easement. Please enter name, address, and Social Security number of Owner. Check appropriate box between 1 - 5, sign the back bottom left (Transfer or/Grantor area), have it notarized, and return it with the easement. If you have any questions in regard to this matter, please contact Mr. Robert Delaney of our office at 548-7043. Very truly yours, OCT 14 1994 Anthonya gell PLANNING BOARD ; Electric D i Con t tion AGL/rh Enc. PC-8689.4-SS Stu3F LAW OFFICES RICHARD F. LARK MAIN ROAD-P.O.BOX 973 CUTCHOGUE.NEW YORK 119350973 TF1 EPHONE 516 734-6607 RICHARD F. LARK MARY LOU FOL.TS October 4, 1994 Melissa Spiro, Planner Southold Town Planning Board — -F Town Hall, 53095 Main Road P. O. Bo 1179 Southold NY 11971 , lull l T 1-&" RE: Subdivision for Anna K. Plock OCT�� Southold, New York SOUTHi7I0 Ta'vt� SCTM# 1000-79-5-20 .2 PL�rsr�r���oe J Dear Miss Spiro: Pursuant to your letter of September 15, 1994, I have revised the proposed Declaration of Covenants and Restric- tions . Paragraph 1 is revised to reflect there shall be no further subdivision in perpetuity. As you know from my prior discussions with you, once this is executed and recorded, this paragraph cannot be changed even with approval of all five lot owners . As far as Lot 5 is concerned, I do not think this is in the interest of the Town. Rather than revising Paragraph 6 to refer to a letter stating the uses and proposed uses of Lot Number 5, I have added Schedule B which I believe lists the uses and contem- plated uses in accordance with your letter of September 15, 1994 . Please review the revised proposed Declaration of Covenants and Restrictions with the Planning Board and Town Attorney and let me know if it is satisfactory, so I can have it executed by the Declarants . Very truly yours, Mary Lou Folts MLF/m Enclosure DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this of , 1994 by ANNA K. PLOCK, residing at 945 Hobart Road, Southold, New York 11971; CAROL ANNE WEIL, f/k/a CAROL ANNE PLOCK, residing at 10003 North Bayview Road, Southold, New York 11971; DtBORAH ANNE PLOCK, residing at 10003 North Bayview Road, Southold, New York 11971; WILLIAM JOHN PLOCK, residing at 945 Jockey Creek Drive, Southold, New York 11971; KATHERINE MARIAN ROKE, f/k/a KATHERINE MARIAN PLOCK, residing at 745 Case ' s Lane Extension, Cutchogue, New York 11935; CAROL ANNE WEIL, f/k/a CAROL ANNE PLOCK, Trustee under the Will of JOHN L. PLOCK, JR. , residing at 10003 North Bayview Road, Southold, New York 11971; RICHARD F. LARK, residing at 28785 Main Road, Cutchogue, New York 11935; JEROME F. HOLUB, JR. , residing at 78 Debbie Lane, Berkeley Heights, New Jersey 07922 , and WALLACE KANDELL, residing at 10578 Stonebridge Road, Boca Raton, Florida 33498, Trustees of the Trust under the Will of John L. Plock; hereinafter called the Declarants . WHEREAS, the Declarants have title to certain land situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, said land hereinafter being more particularly described in Schedule A attached hereto; and WHEREAS, the Planning Board of the Town of Southold did on May 3, 1993 grant preliminary subdivision approval of the land described in Schedule A into a major subdivision of five lots to be known as "Flock Shellfisher Preserve" at Southold, Suffolk County, New York; and D i I� 0 Z 1994 WHEREAS, the Planning Board of the Town of Southold resolved on May 3, 1993, there should be placed on the subdivision the following covenants and restrictions; NOW, THEREFORE, the premises described in Schedule A shall be subject to the following covenants and restrictions : 1 . There shall be no further subdivision of the five lots as shown on the subdivision map in perpetuity. 2 . No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the bluff or bank or into Southold Bay (Shelter Island Sound) . 3 . No residential structure shall be constructed or otherwise located within 75 feet of the mean high water line of Southold Bay ( Shelter Island Sound) ; and no sanitary disposal facility shall be constructed or otherwise located within 150 feet of the mean high water line of Southold Bay (Shelter Island Sound) . 4. A Buffer Area shall be established extending 75 feet landward from the mean high water line of Southold Bay (Shelter Island Sound) along the northerly boundaries of lots 2 and 3 as shown on the filed map of "flock Shellfisher Preserve" to insure that no development adverse to the aesthetic quality of the shoreline will take place. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and cutting shall be subject to review by 2 the Town of Southold prior to execution to insure proper maintenance and preservation of the natural buffer. 5. Erosion and sediment control measures shall be required during and after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Southold Bay (Shelter Island Sound) . 6. Any use or improvement to Lot Number 5, other than those uses and improvements provided in Schedule B attached hereto, shall be subject to review and approval by the Southold Town Planning Board and the Southold Town Board of Trustees . 7 . The Declarants grant the continuing right in perpetuity to the Southold Town Planning Board and Southold Town Board of Trustees or any of their designated representatives to inspect any areas designated on the filed map as buffer areas, easement areas, roadways, open space, common areas or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. 8 . Declarants grant the continuing right in perpetuity to the Southold Town Planning Board and Southold Town Board of Trustees or any of their designated representatives to enforce the conditions and restrictions of the covenants as they relate to the buffer areas, easement areas, roadways, open space and common areas and to take any legal action they deems necessary to enforce the conditions and restrictions of the covenants. 3 DECLARANTS, do hereby further warrant, covenant and represent that the foregoing restrictions and agreements shall bind the undersigned, their heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises or any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarants have caused their hands and seals to be affixed this day of , 1994. Anna K. Plock Carol Anne Weil f/k/a Carol Anne Plock Deborah Anne Plock William John Plock Katherine Marian Roke f/k/a Katherine Marian Plock Carol Anne Weil f/k/a Carol Anne Plock, Trustee Richard F. Lark, Trustee Jerome F. Holub, Jr. , Trustee Wallace Kandell, Trustee 4 "Plock Sj;t_llf isher Pr*rve" • ALL that certain plot, piece or parcel of land , with the buildings and improvements thereon erected, situate, lying and being at at Bayview, Town of Southold, County of Suffolk and State of New York, known and designated as "Map of Plock Shel.lfisher Preserve" more particularly bounded and described as follows: BEGINNING at a point on the division line between Lot 5 "Map of Plock Shellfisher Preserve" and land now or formerly Robert Herman, where said division line is intersected by the easterly side of a certain 50 foot wide right of Way shown on Map of P1ockEShellfisher Preserve" , said point being situate the following three ( 3) courses and distances from the intersection of the easterly side of Reydon Road and the northerly side of North Bayview Road: 1) South 86 deg. 24 min. 02 sec. East 597 . 82 feet along the northerly side of North Bayview Road, 2) South 86 deg. 56 min. 11 sec. East 387 . 32 feet still along the northerly side of North Bayview Road, 3) North 08 deg. 33 min. 49 sec. East 1091 . 15 feet along land now or formerly James C. & Patricia Boyle , along land now or formerly John L. Plock, Jr. and Carol A. Plock and through land now or formerly Robert Herman, being along the easterly side of a certain 50 foot wide Right of Way shown on "Map of Plock Shellfisher Preserve" , RUNNING thence from said point of beginning North 83 deg. 01 min. 21 sec. West along land now or formerly Robert Herman 385 . 69 feet to land shown on Subdivision "Map of Reydon Shores, Inc. " Suffolk County file No. 631; RUNNING thence North 08 deg. 33 min. 49 sec . East along land shown on Subdivision "Map of Reydon Shores, Inc. " 776 . 99 feet to the bulkheaded shore of a "boat basin" ; RUNNING thence along the bulkheaded shore and high water mark of said "boat basin" and along the bulkheaded shore and high water mark of Shelter Island Sound the following twenty five (25) tie-line courses and distances: 1) North 87 deg. 49 min. 47 sec. East 11 . 91 feet, 2) South 83 deg. 30 min. 59 sec. East 17 . 20 feet, 3) North 25 deg. 32 min. 22 sec. East 40. 09 feet, 4) North 13 deg. 08 min. 06 sec. East 27 . 17 feet, 5) North 03 deg. 09 min. 28 sec. West 29 . 12 feet, 6) North 11 deg. 45 min. 36 sec. East 90. 88 feet, 7) North 48 deg. 52 min. 28 sec. West 22 . 82 feet, 8) North 22 deg. 15 min. 13 sec. West 21 . 09 feet, 9) North 14 deg. 14 min. 55 sec. East 21 . 10 feet, 10) North 50 deg. 06 min. 23 sec. East 43 . 39 feet, 11) North 31 deg. 10 min. 00 sec. East 21 . 88 feet, 12) North 11 deg. 50 min. 34 sec. East 43 . 03 feet, 13) North 42 deg. 42 min. 57 sec. West 49 . 86 feet, 14) North 11 deg . 29 min. 54 sec. East 155 . 99 feet, 15) South 79 deg. 58 min . 23 sec. East 33 . 94 feet, 16) South 11 deg. 22 min. 51 sec. West 80. 20 feet, 17) South 74 deg. 46 min. 25 sec. East 156 . 91 feet, 18) North 59 deg. 10 min . 16 sec. East 41 . 61 feet, 19) South 67 deg. 57 min. 14 sec. East 11 . 79 feet, 20) South 21 deg. 33 min. 31 sec. East 21 . 37 feet, 21) South 80 deg. 56 min. 58 sec. East 19 . 52 feet, 22) North 35 deg. 34 min. 02 sec. East 22 . 07 feet, SCHEDULE A 23) South 81 deg. 57 min. 10 sec. East 10 . 43 feet, 24) South 28 deg. 55 min. 34 sec. East 38 . 57 feet, 25) South 85 deg. 46 min. 21 sec. East 475 . 02 feet to land now or formerly Robert Herman; RUNNING thence along land now or formerly Robert Herman the following two (2) courses and distances: 1) South 08 deg. 33 min. 49 sec. West 1207 . 25 feet, 2) North 83 deg. 01 min. 21 sec. West 414 . 61 feet to the easterly side of a certain 50 foot wide Right of Way shown on "Map of Plock Shellfisher Preserve" and the point or place of BEGINNING. CONTAINING an area of 21 . 7733 acres. TOGETHER with and subject to certain Rights of Way and/or easements. SCHEDULE B USES AND CONTEMPLATED USES OF LOT NUMBER 5 1 . Utilize existing house as a caretaker cottage for Peconic Land Trust, its successors and assigns . 2 . Utilize portions of lot for Southold Town' s Shellfish Seed Program (Town of Southold has subcontracted with Cornell Cooperative Extension to operate part of the program) ; however, the scope and intensity of such uses are subject to review and approval by the Southold Town Planning Board and Southold Town Board of Trustees . 3 . Conduct feasibility studies especially with Cornell Cooperative Extension with respect to small scale mariculture and shellfish nursery uses; however, the scope and intensity of such uses are subject to review and approval by the Southold Town Planning Board and Southold Town Board of Trustees . 4 . Two southerly boat docks in the lagoon area will be used to provide one boat slip each for Lots 1 through 4 . The northerly dock will be used by Peconic Land Trust, its successors and assigns, in connection with its mariculture activities . 5 . The owners of Lots 1 through 4 will have vehicular access over Lot 5 to the Boat Easement Area. 6 . Peconic Land Trust, its successors and assigns, will continue with wetland restoration projects; and in particular, plans to use portions of the lot for a native plantings nursery. 7 . Waterfront portions of the lot will be used for passive recreational activity of lot owners such as picnicking and enjoying scenic vistas . PLANNING BOARD MEMBERS Richard G.Ward, Chairman z .v Town Hall,53095 Main Road George Ritchie Latham,Jr. j - `' P. O. Box 1179 Bennett Orlowski,Jr. Southold, New York 11971 Mark S. McDonald '� 2 �� Fax(516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 4, 1994 Richard F. Lark, Esq. P.O. Box 973 Cutchogue, NY 11935 Re: Major subdivision for Anna Plock SCTM# 1000-79-5-20.2 Dear Mr. Lark: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, October 3, 1994: BE IT RESOLVED to adopt the Engineering Inspector's report dated June 21, 1994. Please contact this office if you have any questions regarding the above. Sincerely, �daof R 41� Richard G. Ward 11�5 Chairman enc: Engineering Inspector's report /sourPIS R90LD TCwY HIGHWAY DEPARTMENT ENGIAEERIYG IMPEC70 ;�Or - FaX (516)-765-1750 l sXa �bO`• (516)-765-70" O F F I C E O F THE E N G I N E E R TOWN pp 60V'I'HOLD JUNE 21 , 1994 Richard G . Ward Chairman - Planning Board Town Hall , 53095 Main Road Southold , New York 11971 Re: ANNA K. PLOCK - Minor Subdivision SCTM # 1000 - 79 - 05 - 20 . 2 Dear Mr . Ward : As per your request , I have conducted a final inspection of the above referenced subdivision . = The required road and drainage construction has been completed in a satisfactory manner . The new Stone Blend road meets or exceeds all of the requirements found within the standard highway specifications . If you have any questions concerning this report , please contact my office . Si+tcbrely , - .lames A: ichter , R. A. cc : Raymond L. Jacobs ( Superintendent of Highways ) D �� �� I ! 3 l) LJ I PLA1410or ROOM .UUf�UIJ IC'rSV '� .F.+Oii� _-�.x:•.�s[br••-._ _rx:.w:e111 — �....s�4�at� RAYMOND L . -T ACOE3 s J AME s A . R Z CHTER . R A _ SUPERINTENDENT.. • ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT O Fax (516)-765-17501 jig (516)-765-7070 O F F I C E O F THE E N G Z NE£R lroA OP 80V HOLD JUNE 21 , 1994 Richard G. Ward Chairman - Planning Board Town Hall , 53095 Main Road Southold , New York 11971 Re: ANNA K. PLOCK - Minor Subdivision SCTM # 1000 - 79 - 05 - 20 . 2 Dear Mr . Ward : As per your request , I have conducted a final inspection of the above referenced subdivision . The required road and drainage construction has been completed in a satisfactory manner . The new Stone Blend road meets or exceeds all of the requirements found within the standard highway specifications . If you have any questions concerning this report , please contact my office . S ' c relyW In 4R . cc : Raymond L. Jacobs (Superintendent of Highways) LE P 3 0 11� 9,', PLA^JM!iJG B�:'�� PLANNING BOARD MEMBERS Richard G. Ward, Chairman Town Hall,53095 Main Road George Ritchie Latham,Jr. " ti P. O. Box 1179 Bennett Orlowski,Jr. ^VOW Southold, New York 11971 Mark S. McDonald Fax(516)765-3136 Kenneth L. Edwards Telephone(516)765-1936 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 15, 1994 Mary Lou Folts Idain Road P.O. Box 973 Cutchogue, New York 11935 RE: Major Subdivision for Anna K. Plock Southold, New York SCTM# 1000-79-5-20. 2 Dear Ms. Folts: The Planning Board reviewed your letter of August 24, 1994 , at the last work session. The Planning Board is not in favor of allowing all of the uses described in Numbers 2 and 3 , without review and approval by the Planning Board and the Town Trustees. Therefore, Numbers 2 and 3 must be amended to state that the scope and intensity of the proposed uses are subject to review and approval by the Town Trustees and the Town Planning Board. In a letter dated June 27, 1994, you proposed certain wording for paragraph 6 of the Declaration of Covenants and Restrictions. The Planning Board will accept the proposed wording if the above mentioned wording is added to Numbers 2 and 3 of the August 24th letter. In addition, paragraph 6 must refer to the August 24th letter rather than the Homeowners Association By-Laws. As we discussed, the Planning Board is not in favor of the proposed change mentioned in the June 27th letter for paragraph 1. The Board is requiring that there shall be no further subdivision in perpetuity. Anna K. Plock September 15, 1994 Page 2 Please submit a revised copy of the uses and contemplated uses for proposed Lot #5, along with a revised copy of the Declaration of Covenants and Restrictions for review by the Planning Hoard and the Town Attorney. Please contact me if you have any questions regarding the above. Sincerely, �GL� Melissa Spiro Planner LAW OFFICES ' RICHARD F. LARK MAIN ROAD-P.O.BOX 973 CUTCHOGUE,NEW YORK 1 1 935-097 3 TELEPHONE 516 734-6807 RICHARD F. LARK MARY LOU FOLTS August 24, 1994 Melissa Spiro, Planner Southold Town Planning Board Town Hall, 53095 Main Road P. O. Bo 1179 Southold, NY 11971 RE: Subdivision for Anna K. Plock Southold, New York SCTM# 1000-79-5-20 .2 Dear Miss Spiro: Pursuant to your request, the following are the uses and contemplated uses of proposed Lot #5 on the above- mentioned subdivision: 1 . Utilize existing house as a caretaker cottage for Peconic Land Trust. 2 . Utilize portions of lot for Southold Town' s Shellfish Seed Program (Town of Southold has subcontracted with Cornell Cooperative Extension to operate part of the program) . 3 . Conduct feasibility studies especially with Cornell Cooperative Extension with respect to small scale mariculture and shellfish nursery uses . 4 . Two southerly boat docks will be used to provide one boat slip for each of the four residential lot owners . The one northerly dock will be used by Peconic Land Trust in connection with its mariculture activities . 5 . The four residential lot owners will have vehicular access over the lot to the docks and parking for their vehicles in the dock area. AUG 2 61994 SOUTHOLDTOWN PLANNING BOARD ' Melissa Spiro, Planner -2- August 24, 1994 Southold Town Planning Board 6 . Peconic Land Trust will continue with wetland restoration projects; and in particular, plans to use portions of the lot for a native plantings nursery. 7 . Waterfront portions of the lot will be used for passive recreational activity of lot owners such as picnicking and enjoying scenic vistas . Please review the above with the Planning Board and let me know what wording you would like incorporated in the covenants and restrictions concerning these current and proposed uses for Lot 5 . Very truly yours, Mary Lou Folts MLF/m LAW OFFICES RICHARD F. LARK MAIN ROAD-P.O.BOX 973 CUTCHOGUE.NEW YORK 11935-0973 TELEPHONE 516 734-6807 RICHARD F. LARK MARV LOU FOLTS June 27 , 1994 Melissa Spiro, Planner Southold Town Planning Board P 0 Hall,1179 O95 Main Road P. D Bo D R 6 R D Southold, NY 11971 l5 L5 RE: Subdivision for Anna K. Plock " 2 91994 Southold, New York SCTM# 1000-79-5-20 . 2 SOUTHDLDi�wN PLANNING BOARD Dear Miss Spiro: This letter is in response to our recent telephone conversation wherein you advised me of certain proposed changes by the Planning Board to paragraphs 1 and 6 of the draft Covenants and Restrictions which I sent you on June 14, 1994 . As to paragraph 1 concerning future subdivision, although I realize the Planning Board is concerned about any further subdivision of the property, inserting the words "in perpetuity" takes away the Planning Board' s right to approve any subdivision in the future even if the Planning Board was in favor of same. Therefore, I suggest the following wording for paragraph 1 : " l . There shall be no further subdivision of the five lots as shown on the subdivision map without prior approval of the Southold Town Planning Board. " As to paragraph 6 concerning the use or improvement of Lot Number 5, it is my understanding the uses and improvements in existence are to be permitted and the Planning Board is concerned with any changes of use or improvement after the filing of the subdivision map. Specifically, I want to make sure the four individual lot owners have the right to exclusive use of their respective docks and have the right to walk to and tie up a boat at the outer bulkhead on Southold Bay. These rights will be contained in the By-Laws of the Homeowners Association which Melissa Spiro, Planner -2- June 27, 1994 Southold Town Planning Board will have to be approved by the Planning Board as well as the New York State Attorney General ' s Office. Therefore, I suggest the following wording for paragraph 6 : "6 . Any use or improvement to Lot Number 5, other than those uses and improvements provided in the Homeowners Association By-Laws which will be recorded in the Suffolk County Clerk' s Office simultaneously with the filing of the subdivision map, shall be subject to review and approval by the Planning Board and the Town Trustees . " Please advise if the above meets with the approval of the Planning Board and Town Attorney so I can finalize the Covenants and Restrictions, and arrange for execution and recording in the Suffolk County Clerk' s Office. Very truly yours, Or Mary7ou Folts MLF/m PLANNING BOARD MEMBERS t :C Richard G. Ward, Chairman Town Hall,53095 Main Road George Ritchie Latham, Jr. P. O. Box 1179 Bennett Orlowski,Jr. "4r -' Southold, New York 11971 a •.. �, Mark S. McDonald ' ( _ • ,s :, Fax(516)765-3136 Kenneth L. Edwards `2> � Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Laury Dowd, Town Attorney FROM: Melissa Spiro, Planner,06 RE: Draft Declaration of Covenants and Restrictions Major Subdivision Anna K. Plock SCTM# 1000-79-5-20. 2 DATE: June 21, 1994 Enclosed please find a copy of the draft Declaration of Covenants and Restriction for your legal review. j All of the Planning Board' s requirements have been included in i the document. However, I will be requesting that the document be revised as described below before it is recorded. Number 1. This restriction shall be in perpetuity. Number 4 . The map shows a conservation easement, not a buffer area. Therefore, this restriction should refer to the conservation easement. In addition, the last sentence in regard to clearing and cutting shall be subject to review by the Town prior to its execution. Number 6 . This sentence should read "Any use. . . ," the word "specific" should be omitted. Please let me know if you need any additional information. enc. PLANNING BOARD MEMBERS Richard G. Ward, Chairman o � .,, r :� t Town Hall,53095 Main Road George Ritchie Latham,Jr. ` rF sue, P. O. Box 1179 Bennett Orlowski,Jr. Southold, Newyork 11971 Mark S. McDonald o� -;�' Fax(516)765-3136 Kenneth L. Edwards => Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Juve (71 James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: -Annoc k. t?1mir, Tax Map No. : 1000-9q -5 -ap.Z Street Location: Hamlet Location: Cam ( o-Qx Type of Application: Sketch Subdivision Map (Dated Preliminary Subdivision Map (Dated Final Subdivision Map (Dated Road Profiles (Dated Grading and Drainage Plans (Dated Other (Dated Sketch Site Plan (Dated Preliminary Site Plan (Dated Grading and Drainage Plans (Dated Other / (Dated Comments: 1& PQ tin es+ a w ?Q aI a-& &he f hours kez� 2/0c Contact Person: !'Vq S r2D LAW OFFICES RICHARD F. LARK MAIN ROAD-P.O.BOX 973 CUTCHOGUE,NEW YORK 11935-0973 TELEPHONE 516 734-6607 RICHARD F. LARK MARY LOU FOLTS June 14, 1994 Melissa Spiro, Planner Southold Town Planning Board Town Hall, 53095 Main Road P. 0. Bo 1179 Southold, NY 11971 RE: Subdivision for Anna K. Plock Southold, New York SCTM# 1000-79-5-20 . 2 Dear Miss Spiro: Enclosed for the Planning Board' s review and approval is a copy of the proposed Declaration of Covenants and Restrictions for the above-mentioned subdivision. Please advise if same meets with the Board ' s approval so I can arrange for execution and recording in the Suffolk County Clerk' s Office. Very truly yours, Mary Lou Folts MLF/m enc. r1J51994 I D TOWNBOARD DECLARATION OF yL COVENANT AND RESTRICTION DECLARATION made this of , 1994 by ANNA K. PLOCK, residing at 945 Hobart Road, Southold, New York 11971; CAROL ANNE WEIL, f/k/a CAROL ANNE PLOCK, residing at 10003 North Bayview Road, Southold, New York 11971; DEBORAH ANNE PLOCK, residing at 10003 North Bayview Road, Southold, New York 11971; WILLIAM JOHN PLOCK, residing at 945 Jockey Creek Drive, Southold, New York 11971; KATHERINE MARIAN ROKE, f/k/a KATHERINE MARIAN PLOCK, residing at 745 Case ' s Lane Extension, Cutchogue, New York 11935; CAROL ANNE WEIL, f/k/a CAROL ANNE PLOCK, Trustee under the Will of JOHN L. PLOCK, JR. , residing at 10003 North Bayview Road, Southold, New York 11971; RICHARD F. LARK, residing at 28785 Main Road, Cutchogue, New York 11935; JEROME F. HOLUB, JR. , residing at 78 Debbie Lane, Berkeley Heights, New Jersey 07922, and WALLACE KANDELL, residing at 10578 Stonebridge Road, Boca Raton, Florida 33498, Trustees of the Trust under the Will of John L. Plock; hereinafter called the Declarants . WHEREAS, the Declarants have title to certain land situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, said land hereinafter being more particularly described in Schedule A attached hereto; and WHEREAS, the Planning Board of the Town of Southold did on May 3, 1993 grant preliminary subdivision approval of the land described in Schedule A into a major subdivision of five lots to be known as "flock Shellfisher Preserve" at Bayview, Town of Southold, Suffolk County, New York; and WHEREAS, the Planning Board of the Town of Southold resolved on May 3, 1993, there should be placed on the subdivision the following covenants and restrictions; NOW, THEREFORE, the premises described in Schedule A shall be subject to the following covenants and restrictions : 1 . There shall be no further subdivision of the five lots as shown on the subdivision map. 2 . No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the bluff or bank or into Southold Bay (Shelter Island Sound) . 3 . No residential structure shall be constructed or otherwise located within 75 feet of the mean high water line of Southold Bay (Shelter Island Sound) ; and no sanitary disposal facility shall be constructed or otherwise located within 150 feet of the mean high water line of Southold Bay (Shelter Island Sound) . 4 . A Buffer Area shall be established extending 75 feet landward from the mean high water line of Southold Bay (Shelter Island Sound) along the northerly boundaries of lots 2 and 3 as shown on the filed map of "Plock Shellfisher Preserve" to insure that no development adverse to the aesthetic quality of the shoreline will take place. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plan species . Such clearing and cutting shall be subject to review by 2 the Town of Southold to insure proper maintenance and preservation of the natural buffer. 5 . Erosion and sediment control measures shall be required during and after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Southold Bay ( Shelter Island Sound) . 6 . Any specific use or improvement to Lot Number 5 shall be subject to review and approval by the Planning Board and the Town Trustees . 7 . The Declarant grants the continuing right in perpetuity to the Southold Town Planning Board and Southold Town Board of Trustees or any of their designated representatives to inspect any areas designated on the filed map as buffer areas, easement areas, roadways, open space, common areas or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. 8 . Declarant grants the continuing right in perpetuity to the Southold Town Planning Board and Southold Town Board of Trustees or any of their designated representatives to enforce the conditions and restrictions of the covenants as they relate to the buffer areas, easement areas, roadways, open space and common areas and to take any legal action they deems necessary to enforce the conditions and restrictions of the covenants . These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a 3 majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. DECLARANTS, do hereby further warrant, covenant and represent that the foregoing restrictions and agreements shall bind the undersigned, their heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises or any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarants have caused their hands and seals to be affixed this day of 1994 . Anna K. Plock Carol Weil f/k/a Carol I. Anne cd Deborah An lAck William John PPl< c Katherine Marian Roke f/k/a Katherine Marian Plock Carol An it f/k/a Carol Anne Plo ,,J�xustee Richard F. Lallc ustee Jerome F. Holub, Jr. , Trustee Wallace Kandell, Trustee 4 "Plock Shellfisher pe serve" " r . ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at at Bayview, Town of Southold, County of Suffolk and State of New York, known and designated as "Map of Plock Shellfisher Preserve" more particularly bounded and described as follows: BEGINNING at a point on the division line between Lot 5 "Map of Plock Shellfisher Preserve" and land now or formerly Robert Herman, where said division line is intersected by the easterly side of a certain 50 foot wide right of Way shown on Map of Plock Shellfisher Preserve" , said point being situate the following three (3) courses and distances from the intersection of the easterly side of Reydon Road and the northerly side of North Bayview Road: 1) South 86 deg. 24 min. 02 sec. East 597 . 82 feet along the northerly side of North Bayview Road, 2) South 86 deg. 56 min. 11 sec. East 387 . 32 feet still along the northerly side of North Bayview Road, 3) North 08 deg. 33 min. 49 sec. East 1091 . 15 feet along land now or formerly James C. & Patricia Boyle, along land now or formerly John L. Plock, Jr. and Carol A. Plock and through land now or formerly Robert Herman, being along the easterly side of a certain 50 foot wide Right of Way shown on "Map of Plock Shellfisher Preserve" , RUNNING thence from said point of beginning North 83 deg. 01 min. 21 sec. West along land now or formerly Robert Herman 385 . 69 feet to land shown on Subdivision "Map of Reydon Shores, Inc. " Suffolk County file No. 631; RUNNING thence North 08 deg. 33 min. 49 sec. East along land shown on Subdivision "Map of Reydon Shores, Inc. " 776 . 99 feet to the bulkheaded shore of a "boat basin" ; RUNNING thence along the bulkheaded shore and high water mark of said "boat basin" and along the bulkheaded shore and high water mark of Shelter Island Sound the following twenty five (25) tie-line courses and distances: 1) North 87 deg. 49 min. 47 sec. East 11. 91 feet, 2) South 83 deg. 30 min. 59 sec. East 17 . 20 feet, 3) North 25 deg. 32 min. 22 sec. East 40 . 09 feet, 4) North 13 deg. 08 min. 06 sec. East 27 . 17 feet, 5) North 03 deg. 09 min. 28 sec. West 29 . 12 feet, 6) North 11 deg. 45 min. 36 sec. East 90 . 88 feet, 7) North 48 deg. 52 min. 28 sec. West 22 . 82 feet, 8) North 22 deg. 15 min. 13 sec. West 21 . 09 feet, 9) North 14 deg. 14 min. 55 sec. East 21. 10 feet, 10) North 50 deg. 06 min. 23 sec. East 43 . 39 feet, 11) North 31 deg. 10 min. 00 sec. East 21 . 88 feet, 12) North 11 deg. 50 min. 34 sec. East 43 . 03 feet, 13) North 42 deg. 42 min. 57 sec. West 49 . 86 feet, 14) North 11 deg. 29 min. 54 sec. East 155 . 99 feet, 15) South 79 deg. 58 min. 23 sec. East 33 . 94 feet, 16) South 11 deg. 22 min. 51 sec. West 80. 20 feet, 17) South 74 deg. 46 min. 25 sec. East 156 . 91 feet, 18) North 59 deg. 10 min. 16 sec. East 41 . 61 feet, 19) South 67 deg. 57 min. 14 sec. East 11 . 79 feet, 20) South 21 deg. 33 min. 31 sec. East 21. 37 feet, 21) South 80 deg. 56 min. 58 sec. East 19 . 52 feet, 22) North 35 deg. 34 min. 02 sec. East 22 . 07 feet, xHeb&tE A 23) South 81 deg. 57 min. 10 sec. East 10. 43 feet, 24) South 28 deg. 55 min. 34 sec. East 38 . 57 feet, 25) South 85 deg. 46 min. 21 sec. East 475. 02 feet to land now or formerly Robert Herman; RUNNING thence along land now or formerly Robert Herman the following two (2) courses and distances: 1) South 08 deg. 33 min. 49 sec. West 1207 . 25 feet, 2) North 83 deg. 01 min. 21 sec. West 414 . 61 feet to the easterly side of a certain 50 foot wide Right of Way shown on "Map of Plock Shellfisher Preserve" and the point or place of BEGINNING. CONTAINING an area of 21 . 7733 acres. TOGETHER with and subject to certain Rights of Way and/or easements. LAW OFFICES RICHARD F. LARK MAIN ROAD.P.O.SOX 973 CUTCHOGUE.NEW YORK 1193S-0973 TELEPHONE 616 73A."07 RICHARD F. LARK MARY LOU FOLTS June 3, 1994 Southold Town Planning Board Town Hall, 53095 Main Road Southold, NY 11971 RE: Anna K. Plock (Plock Shellfisher Preserve) Subdivision at Sayview, Southold, New York Gentlemen: Please be advised the required subdivision improvements have been completed. It is my understanding you will contact the Town Engineer for his approval and final report. Very truly yours, Mary tou Foltss MLF/m .J 6 Asa SOUTHOLD TOWN PLANNING BOARD PLANNING BOARD MEMBERS Richard G. Ward, Chairman + Town Hall,53095 Main Road George Ritchie Latham,Jr. „ a O. Box 1179 Main Bennett Orlowski,Jr. Southold, New York 11971 Mark S. McDonald a Fax(516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 10, 1994 Richard F. Lark P.O. Box 973 Cutchogue, NY 11935 Re: Major Subdivision for Anna K. Plock SCTM# 1000-79-5-20.2 Dear Mr. Lark: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, May 9, 1994: BE IT RESOLVED that the Southold Town Planning Board grant a six month extension of preliminary approval from May 3, 1994 to November 3, 1994. Conditional preliminary approval was granted on May 3, 1993. Please contact this office if you have any questions regarding the above. Sincerely, kil4A0(h( 71/ Richard G. Ward Chairman cc: Tim Caufield 1 LAW OFFICES RICHARD F. LARK S MAIN ROAD-P.O.BOX 973 CUTCHOGUE.NEW YORK 11935-0973 TELEPHONE 516 734-6807 RICHARD F. LARK MARY LOU FOLTS April 28, 1994 r Southold Town Planning Board 2 9 19 Town Hall, 53095 Main Road Southold, NY 11971 SOUTNOLDTOWN FUNNING BOARD RE : Anna K. Plock Subdivision at Bavview, Southold, New York Gentlemen: On behalf of the applicants for the above-mentioned subdivision, I am requesting a two (2 ) month extension of your preliminary approval to July 5, 1994 . The prior extension was requested in order to complete all of the improvements and eliminate the need for a bond. Due to the weather conditions this past winter and spring, the road improvements were not able to be completed. All that is now necessary is to touch up the road surface and complete the guardrails . At this point, the surveyors, Young & Young are preparing the final subdivision maps so the Town Engineer can note his approval thereon and I will then submit the maps to the Suffolk County Department of Health Services for its final approval to be endorsed on the final maps . In addition, I have been working continuously with the Peconic Land Trust to finalize the Conservation Easement and as of last week had put together what I thought would be the final draft including the covenants and restrictions required by the Suffolk County Planning Commission and Southold Town Planning Board and thereby eliminate the need for two separate documents . However, I have just been advised this week that the Planning Board prefers to have its own separate Declaration of Covenants and Restrictions and therefore I am in the process of preparing same for the Planning Board' s approval . The Conservation Easement will have to be amended and then finalized without reference to the County and Town covenants . Since the Declaration and Conservation Easement will have to be executed by all owners Southold Town Planning Board -2- April 28, 1994 of the property, I have scheduled a meeting with the Plock family to accomplish this on May 17, 1994, but I will still need time to send these documents to Florida and New Jersey for execution by two Trustees . The LILCO easement will also be ready for execution at this meeting. I have also been working with the Peconic Land Trust to assemble the information necessary for the formation of the Homeowners Association for submission to the Attorney General ' s Office. An extension of your preliminary approval will allow sufficient time for preparation of the final draft of the proposed By Laws of the Homeowners Association which is a condition of your approval . It is for these reasons I am requesting a two month extension of your preliminary approval for this subdivision. Your favorable consideration to this request will be appreciated. Very ly yours, Pichard F. ark RFL/m PECONI�AND TRUST 30 Jagger hnq P.O.Box 2088,Southampton,NY 11969 (516)283-3195 Fax:(516)283-0235 April 27, 1994 Richard Ward, Chairman Southold Town Planning Board Town of Southold, Town Hall 53095 Main Road Southold, New York 11971 Re: Plock Subdivision (SCTM#1000-79-05-20.2) Dear Mr. Ward: I want to thank the Planning Board for taking the time to meet with Tim Caufield and me on April 25th. I hope you found our discussions about the use of conservation easements in lieu of covenants and restrictions helpful. While the board decided not to use our conservation easement in the case of the Plock subdivision, we were pleased to hear of your willingness to consider this option in the future. To this end, I would recommend that we spend some time together at your earliest convenience to discuss any concerns or questions regarding our conservation easements. It is very important that you and other planning board members understand the level of protection such easements provide. In order for the Trust to be successful in acquiring conservation easements, it is essential that we work closely together. In addition, integrating private, incentive-based conservation methods into the Town's regulatory approach will reap benefits for Southold well beyond our initial investment of time and energy. Thanks again for your kind attention and consideration. I look forward to hearing from you soon. Sincerely, J Halsey Pr dent PECOW LAND TRUST � 1 30 Jagger Lane,P.O.Box 2088,Southampton,NY 11969 (516)283-3195 Fax:(516)283-0235 Pe' April 12, 1994 1 Richard Ward, Chairman yeas Trh Cap eld r Southold Town Planning Board -to rAiscv5s own Town of Southold, Town Hail 53095 Main Road p, �o� �oQ �( Southold, New York 11971 wooAci Q<ebttz, r9oe�m^eiv.)E- Re: Covenants and restrictions/P1ockSubdivision wtC<Rs. (S CTM#1000-79-05-20.2) Dear Mr. Ward: I am writing to respectfully request the Planning Board to consider some modifications to your letter of 20 January 1994 which requires a separate document containing a number of Covenants and Restrictions for the above referenced subdivision. If the Planning Board would consider adopting our Conservation Easement document as a means to achieve its goals with respect to the SC Planning Commission recommendations and other C&R's, we believe there could be added benefit and protection for the Town of Southold. The requested modifications are as follows: 1) SC Planning Commission covenant#1 should pertain to all new residential lots but not to the Mariculture area. 2) In lieu of a covenant restricting the further subdivision of the Mariculture area, the Trust would be willing to convey a conservation easement on this portion of the property to the Town of Southold. 3) In lieu of all other C&R's the Planning Board could adopt the conservation easement which the Plock Family is conveying to us. We believe this should be acceptable and preferable for the following reasons: - Our conservation easement includes all of the concerns which the Planning Board has outlined in the proposed C&R's (please see attached conservation easement with notes and highlights). - Our Conservation easement will be actively monitored and enforced by the Trust. We would be pleased to provide you with some of our monitoring/site visit forms if you think it would be helpful. In addition, the Trust will have an active management presence on this property, thereby providing further assurance that the Town's concerns are addressed. - Our Easement provides the Planning Board with succession, amendment and enforcement rights. In the event that the Trust is unable to uphold the terms of the easement, the Town would be granted these rights. Unlike C&R's, these are vested property rights (i.e. leagal division of ownership) and therefore, all the more significant and effective. i A recent article in the American Planning Association Journal (Fall 1993) has urged planning professionals to integrate private easements into their "comprehensive planning goals and landscape conservation strategies". I attach a copy of the article for your review. I also attach a copy of a letter from John Halsey which further details our conservation easement program. In the long run, I believe this approach can help achieve broader conservation goals in the Town of Southold. Thank you very much for your consideration of our request. Sincerely, Timothy field Assistant Director enclosure cc: R. Lark T. Wickham PECOIVPC LAND TRUST • 30 Jagger Lane,P.O.Box 2088,Southampton,NY 11969 (516)283-3195 Fax:(516)283-0235 April 13, 1994 Richard Ward, Chairman Southold Town Planning Board Town of Southold, Town Hall 53095 Main Road Southold, New York 11971 Re: Conservation Easements Dear Mr. Ward: As you are aware, Peconic Land Trsut has requested some modifications to the covenants and restrictions which the Planning Board has required for the Plock subdivision. The purpose of this letter is to provide the Planning Board with background as to the benefits of allowing grants of conservation easements to the Trust in lieu of covenants and restriction which may be required by the Town of Southold under special circumstances. I will also explain the monitoring and enforcement role that the Trust performs with all of its easements. Back rg ound New York State has recognized the importance of conservation easements that preserve rural lands and are held by nonprofit, tax-exempt organizations such as the Peconic Land Trust by enactment of the Environmental Conservation Law, Section 49- 03031, et. seq. and General Municipal Law, Section 247. In addition, the federal government has recognized and encouraged such easements through Section 170(h) of the Internal Revenue Code and other federal statutes. In order to comply with the Internal Revenue Code, conservation easements must be perpetual. In order to assure this, easements are drafted such that they are assigned or otherwise conveyed to similar organizations or units of government should the recipient organization dissolve or cease to exist. Such successors or assigns can be specifically designated within the easement document itself. Conservation easements represent the conveyance of interests in property (vested property rights) to the recipient organization. As such, they are far stronger and more enforceable than covenants and restrictions filed with a subdivision. Benefits of Easements Granted to the Peconic Land Trust The Trust presently holds conservation easements on about 600 acres of land. In most instances, easements identify an open area (to be maintained as farmland, open space, etc. in perpetuity) and a development area (where future residential units could be located). Typically, our easements reduce the zoning density of parcels from 50% to 100% at no public cost. Since most of our easements are granted for estate, property, or charitable gift purposes, subdivision is often not an issue, at least not in the short term. There are, however, instances where a conservation easement may coincide with a subdivision application. Under such circumstances, it is very important that the Trust work closely with the Town Planning Board that has jurisdiction over the property upon which an easement will be granted. Indeed, there are compelling reasons for the Trust to be considered as the recipient of a conservation easement in lieu of covenants and restrictions under special circumstances, as follows: 1. In cases where an applicant is voluntarily reducing the density on his/her property, Trust easements are specifically drafted with provisions necessary to provide a charitable gift to the Grantor. Town easements are typically not drafted with such considerations. 2. In cases where a charitable gift may be warranted in conjunction with a subdivision, Town easements could raise the issue of a quid pro quo and ultimately result in the disallowance of a gift by the Internal Revenue Service. A Trust easement may mitigate this concern to some extent. 3. In order to avoid confusion with future owners, it is better to have one easement on a given property rather than two separate documents (one to the Trust for charitable gift purposes and one to the Town for subdivision purposes). 4. Trust easements can include all of the provisions usually found within covenants and restrictions or Town easements. 5. Trust easements are regularly monitored by Trust staff. Towns usually do not have the financial resources to adequately monitor easements and restrictions. 6. Trust easements can provide for Town involvement with regard to succession, enforcement, and amendment. Monitoring and Enforcement The Peconic Land Trust takes its monitoring and enforcement responsibilities very seriously. We have to in order to be considered a qualified recipient of easements by the Internal Revenue Service. To this end, we must document the condition of property at the time of the conveyance of a conservation easement. We must also be able to show that we have the resources and capabilities to monitor and enforce the easements. To this end, the Trust maintains monitoring files for every easement. Regular monitoring visits are conducted by our stewardship staff. Finally, we require an endowment to accompany gifts of easements to underwrite the monitoring expenses and to provide funds to initiate legal action to enforce an easement, if necessary. Our easements are drafted so that ultimately such costs will be borne by the Grantor. However, we need financial resources to initiate such actions. The Trust presently holds about $100,000 in endowments for such purposes, most of which are in a dedicated fund called the Peconic Stewardship Fund. Conclusion Conservation easements represent an excellent tool for the perpetual preservation of all types of landscapes without the expenditure of public funds. In order for the Trust to be successful in promoting the use of this tool, we need the support of Southold Town Planning Board. There is no question that such support depends upon an understanding of conservation easements in general and the role of the Peconic Land Trust in specific. I hope that this letter and the materials accompanying it will serve to strengthen our working relationship as we endeavor to preserve the very essence of Southold Town and other parts of our East End. Sincerely, �.u. o v.H. Halse President Enclosures GRANT OF OPEN SPACE CONSERVATION EASEMENT THIS GRANT OF OPEN SPACE CONSERVATION EASEMENT,is made on the day of January, 1994 at Southampton, New York. The parties are ANNA K. PLOCK, residing at 945 Hobart Road,Southold,New York;CAROL ANNE WEIL f/kra CAROL ANNE PLOCK,residing at , Florida; DEBORAH ANNE PLOCK, residing at 10003 North Bayview Road, Southold, New York; WILLIAM JOHN PLOCK, residing at 945 Jockey Creek Drive, Southold, New York;KATHERINE MARIAN POKE f/k/a KATHERINE MARIAN PLOCK,residing at 745 Case's Lane Extension,Cutchogue,New York;CAROL ANNE PLOCK as TRUSTEE UNDER THE WILL OF JOHN L. PLOCK,JR., residing at 10003 North Bayview Road, Southold, New York; and RICHARD F. LARK,residing at 28785 Main Road,Cutchogue,New York,JEROME F. HOLUB,JR., residing at 78 Debbie Place, Berkley Heights, New Jersey, and WALLACE KANDELL, residing at 10578 Stonebridge Road Boca Raton,Florida,as TRUSTEES OF THE TRUST UNDER THE WILL OF JOHN L. PLOCK(herein collectively called"Grantor") and PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York Corporation, having a principal office at 30 Jagger Lane (P.O. Box 2088), Southampton, New York 11969 (herein called the "Grantee"). INTRODUCTION WHEREAS, the Grantor is the owner in fee simple of certain real property (Tax Map # 1000-79-5-20.2) located North of North Bayview Road, Town of Southold, Suffolk County, and more particularly described in Schedule A, attached hereto and hereinafter referred to as the "Property"; and WHEREAS, the Property has substantial and significant value as an educational and scientific resource by reason of the fact that the site was the former location of a shellfish seed growout system for mariculture purposes; and WHEREAS, clamming throughout Eastern Long Island is a popular recreational activity and is also a commercial activity, as is the harvesting of oysters and other shellfish, which activities can be enhanced through mariculture; and WHEREAS, marine science experts from the Cornell Cooperative Extension Sea Grant Program and the SUNY/Stony Brook Living Marine Resources Institute have determined that the Property is unique on Long Island, and one which could be used for research, extension and municipalities to enhance recreational and commercial shellfishing and mariculture as defined by Aquaculture Development in New York State (1986); Acuaculture in New York State - Technoloov. Research and Economic Development Prospects (1988) and Environmental Conservation Law Section 13 -0316 - Marine hatcheries, off-bottom and on-bottom culture permits; and WHEREAS, the Property is located in the R40 Zoning District of the Town of Southold and has a yield of (14) single-family residences according to a map of the property prepared on February 19, 1991 by Conservation Advisors which.map is on file at the Peconic Land Trust office; and WHEREAS,the Grantor wishes to grant an Open Space Conservation Easement on the Property so that a portion of the Property as more particularly described in Schedule B and shown on Schedule D as "Mariculture Area", shall remain in its open, undeveloped, and natural state except for the following uses: mariculture activities, one (1) single family residence and boat docking facilities for the mariculture purposes and new residences as defined hereafter; and the remainder of the Property, as more particularly described in Schedule C and shown on Schedule D as "New Residential Area", may be further developed only with four additional single-family residences with appurtenant structures and improvements; and WHEREAS, the Suffolk County Legislature has designated the Property and land surrounding Shelter Island Sound to be a "critical environmental area" as part of the Peconic Bay Estuary; and WHEREAS,the Planning Board of the Town of Southold has endorsed the conveyance of this Open Space Conservation Easement by resolution dated January 31, 1994; and WHEREAS,the Board of Trustees of the Town of Southold has endorsed the conveyance of this Open Space Conservation Easement by resolution dated December 21, 1993;and 1 WHEREAS, the Property has frontage on public waters and offers the public scenic vistas of wetlands and wildlife habitat; and WHEREAS,the Grantor and the Grantee recognize the value and special character of the region in which the Property is located, and the Grantors and the Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, natural, tangible and intangible values of the Property as a natural, aesthetic, scientific and educational resource; and WHEREAS,the Grantee has determined it to be desirable and beneficial and has requested the Grantor,for itself and its successors and assigns, to grant an Open Space Conservation Easement to the Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW,THEREFORE: 0.01 Grantor's Warranty Grantor warrants and represent to the Grantee that Grantor is the owner in fee simple of certain real property located North of North Bayview Road, Town of Southold, Suffolk County, New York,described in Schedule A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a Not-For-Profit charitable organization qualified under Section 170(h)(3) of the Internal Revenue Code of 1986, and any amendatory or supplemental legislation (herein called "the Code"), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural, scenic and natural values of rural lands located in Suffolk County of Long Island. 0.03 Purpose The parties recognize the educational, scientific, scenic and agricultural values of the Property and have the common purpose of preserving these values. The Grantor intends to convey an Open Space Conservation Easement on the Property by Grantors to Grantee, exclusively in furtherance of federal and New York Stale conservation policies for the purpose of preserving its open space character in perpetuity for environmental, educational, scientific, scenic, natural and recreational values, by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions herein. 0.04 Government Recocnition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural and open condition through conservation restrictions by enactment of Environmental Conservation Law, Section 49.03031, at. seq. and General Municipal Law, Section 247, and the federal government has recognized and encouraged such efforts through Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Open Space Conservation Easement on the Property, as determined by its Board of Directors, at a duly constituted meeting of that Board, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open land. 0.06 Documentation The Grantee acknowledges by acceptance of this Easement that Grantor's historical and present uses of the Property are compatible with the purpose of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, wildlife, watershed, wetland, scenic, and aesthetic resources and otherwise to aid in identifying and 2 documenting the Property's open space values as of the date hereof, to assist the Grantor and Grantee with monitoring the development and use of the Property and ensuring compliance with the terms hereof, the Grantee shall maintain, with the Grantor's full cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Data") and shall submit the same to the Grantor for their review.Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time of the gift of this Easement an inventory of the Property's relevant features and conditions (the "Baseline Data"). The Baseline Data may include, but need not be limited to, aerial photographs, photographs of the Property, topographical maps, a description and site plan of existing land uses, features, and structures. The Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's historical and present uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs, or other evidence to assist in the resolution of the controversy. 0.07 Recitation In consideration of the previously recited facts, mutual promises, undertakings and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.011.01Tvoe The Grantor conveys an Open Space Conservation Easement(herein called the "Easement"). The Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited in this Grant of Easement. Reference to "the Easement" or its "provisions" in this Grant of Easement shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the property in perpetuity. 1.03 Effect The covenants, terms, conditions, restrictions and purposes of this Easement shall run with the Property as an incorporeal interest in the Property, and shall bind the successors and assigns of each of the parties respectively. The Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, heirs, personal representatives, successors and assigns, and all other individuals and entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each of its agents,successors,and assigns and each such following successor and assign, and the word "Grantee"when used herein shall include all of those persons or entities. Any rights, obligations, and Interests herein granted by Grantor shall also be deemed granted by each of its agents, successors,and assigns and each such following successor and assign, and the word "Grantor" when used herein shall include all of those persons or entities. ARTICLE TWO GIQ GRANTOR hereby voluntarily grants, releases and conveys to Grantee, as an absolute gift, the Easement, in perpetuity, together with all rights to enforce it, as recited herein, against Grantor and all future owners, tenants and occupants. Grantee hereby accepts the Easement in perpetuity, and undertakes to enforce it against Grantor and all future owners and tenants and occupants. 3 ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures The construction or placement of buildings or structures of any kind or nature, permanent or temporary, on,.over or under the Property except as permitted in Section 4.07 herein. Structures and improvements, including, but not limited to, driveways, catwalks, trails, floating docks, and agricultural structures as permitted in Section 4.07 hereof, may not be made on, over, or under the Property without the prior written consent of the Grantee, which may be granted if the structure or improvement does not defeat or derogate from the purpose of this Easement. 3.02 Excavation and Removal of Materials C-� The dredging or mining of the Property other than routine maintenance of ponds and tidal waterways, to maintain present and future driveways on the Property, and to construct and maintain the permitted structures and improvements in the Mariculture Area with the prior written consent of the Grantee. The removal of topsoil, sand, or other materials shall not take place on the Property nor shall the topography of the Property be changed except to the extent needed to maintain and preserve the existing vegetation and as may be necessary to undertake and maintain the improvements permitted in Section 4.07. 3.03 Subdivision With the exception of subdividing the property into a "New Residential Area" consisting of four (4) new residences and a "Mariculture Area" consisting of one lot as shown on Schedule D, the subsequent subdivision or partitioning of the Property is prohibited without the prior written consent of the Grantee, which may be granted if that subdivision or partition does not defeat or derogate from the purpose of the Easement. 3.04 Development Rights The use of acreage within the Property for purposes of calculating lot yield for the Property. Grantor grants to the Grantee all development rights except as specifically reserved herein and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to adjacent parcels. 3 05 Cutting of Timber r The cutting or harvesting of timber except for the following purposes: a) to clear and restore forest cover that has been damaged or disturbed by forces of nature or otherwise, b) to prune and selectively thin trees to create vistas in accordance with good forest management practices and the purposes of this Easement, as determined by the Grantee in its sole discretion, c) to maintain present and future driveways on the Property, and d) to construct and maintain the permitted structures and improvements permitted in Section 4.07. 3.06 Dumoina The dumping or accumulation of trash, garbage, sawdust, ashes, chemical waste or other unsightly or offensive material on the Property, except the temporary storage of waste materials from mariculture activities as permitted in Section 4.05. 3.07 Sians The display of signs, billboards, or advertisements on the Property except signs, whose placement, number, and design do not significantly diminish the scenic character of the Property and only for the following purposes: a) to state the name of the Property and the names and addresses of the occupants, b) to temporarily advertise the Property or any portion thereof for sale or rent, c) to post the Property to control unauthorized entry or use, and d) to announce the Grantee's open space conservation easement. 4 • Ct� 3.08 Landscaping Activities The removal of trees, shrubs, or other vegetation from the Property, except as provided by Section 4.05, 4.07 and 4.08. Cs 3.09 Utilities The creation or placement of utility transmission lines, utility poles, or wires on the Property, except with the Grantee's prior written consent and as provided for in Section 4.07 herein. ARTICLE FOUR GRANTORS RIGHTS 4.01 Ownership Subject to this Easement, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and permitted or not prohibited by the Easement as well as applicable New York State law and which would not defeat or derogate from the purposes of the Easement. 4.04 Subdivision Grantor shall have the right to subdivide the Property into no more than 5 lots (as shown more or less in Schedule D) and as provided in section 3.03 hereof. Four of such lots shall be in the new Residential Area and one in the Mariculture Area. 4.05 Mariculture Activities Grantor shall have the right to continue the historical use of the property for Mariculture Activities if prior approval therefore is obtained in writing from the appropriate government and regulatory authorities. 4.06 Other Activities In the event that the property can no longer be used for educational, scientific or research purposes related to mariculture as described herein, the Property shall be used for other open space purposes , including wildlife habitat or parkland. In the event that the property is no longer used for mariculture purposes, however, the Grantor reserves the right nn to one single family residence as allowed in Section 4.07 below. Gam` 4.07 Structures r� +• 4 A Allowable Improvements - New Residential Area which is shown on Schedule D and more particularly described in Schedule C. Grantor reserves the right to construct repair, remodel, reconstruct and maintain no more than four (4) single family residences in the New Residential Area with accessory structures and improvements and shall have the right to remove trees, shrubs, or other vegetation reasonably necessary to construct, repair, remodel, reconstruct, and maintain the single family residences and accessory structures and improvements including, without limitation, driveways, garages, storage sheds, septic systems and leaching fields, swimming pools, pool houses, tennis courts, or other family-scale athletic facilities as permitted by the Town Code of the Town of Southold. Such structures shall be placed on the lots shown in Schedule 5 D within the building envelopes indicated on that Schedule and no structures shall be built within a 75 foot buffer area extending back from the MHW line with the exception of bulkheading which may be approved by local and state regulatory agencies for the specific purpose of controlling or preventing erosion. Ck� No stonnwater runoff resulting from the development and Improvement of the subdivision or any of Its lots shalf be discharged down the bluff or bank or Info Shelter Island -0 Sound. 04- As per the Southold Town Code;the minimum setback for buildings located on lots s 3 adjacent to tidal water bodies Is seventy-live (75) feet. Therefore, no new residential structure shall be constructed or otherwise located within seventy-five (75) feet of Southold Bay. B. Allowable Improvements - Mariculture Area which is shown on Schedule D and more particularly described in Schedule B. Grantor shall have the right to construct, repair, remodel, reconstruct, and maintain the following improvements on the Mariculture Area: ( 1 ) Mariculture Structures, including but not limited to the footprints of existing accessory structures as shown on a map of the property(Schedule D). Grantor shall only have the right to expand or extend any existing accessory structures and improvements provided such �61�1 expansion does not exceed 100% of the existing square footage of such structure (exclusive of -�' basement area)on the date of this easement and as permitted by the Town Code of the Town of Southold;and ,Aar 1����5� (2) Boat docking facilities used exclusively for the mariculture facility and/or for private recreational use of the four single family residences in the New Residential Area. (3) Access Drives, to provide access to the improvements permitted herein including utility service to the boat docking facilities; and (4) Fences;and (5) Facilities normally used in connection with supplying utilities, removing sanitary sewage effluent, and controlling stormwater runoff from the improvements permitted under the terms of this Easement. ( 6) One Single Family Residence; Whereas there is an existing residence/Caretaker Cottage on the Mariculture Area and the parties agree that grantor may always construct and maintain one single family residence on the Mariculture area, in the event grantor demolishes and removes the existing residence/caretaker cottage, it may construct a new replacement single family residence elswhere on the Mariculture area with accessory structures and s improvements and shall have the right to remove trees, shrubs, or other vegetation reasonably necessary to construct, repair, remodel, reconstruct, and maintain the single family residences and accessory structures and improvements as permitted by the Town Code of the Town of a. o� Southold. C. In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvement impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted within the same location subject to the review and written approval of Grantee, not to be unreasonably withheld. D. The use and location of such improvements shall be consistent with the conservation purposes intended herein, and constructed by methods which are attentive to minimizing disturbances to the environment, including but not limited to minimal removal of vegetation, minimal movement of earth, and minimal clearance of access routes for construction vehicles. 4.08 Landscaping Activities Gt� ..fp c�-I•S Grantor shall have the right to continue the historical modes of landscaping, pruning, and grounds maintenance of the Property. Grantor shall have the right to remove trees shrubs, or other vegetation when dead,diseased,or dangerously decayed;and shall have the right to spray with herbicides and pesticides or make other changes in the natural habitat with the written permission of Grantee provided that such changes do not contradict the purposes of this 6 • 0 easement. Spraying with herbicides and pesticides shall be permitted only in conformance with the appropriate local and state regulatory agencies. 4.09 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property which could adversely affect the conservation purposes which are the subject of this Easement. 410 Alienability Grantor shall have the right to convey all or any part of its remaining Interests in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full names and mailing addresses of all Grantees, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting forth the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBI 76DONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal.charges which may become a lien on the Property, including any taxes or levies imposed to make those payments. If Grantor fails to make such payments, Grantee is authorized to make such payments (but shall have no obligation to do so) upon ten days prior written notice to Grantor, according to any bill, statement or estimate procured from the appropriate public office without inquiry into the accuracy thereof. That payment, if made by Grantee, shall become a lien on the Property of the same priority as the item If not paid would have become, and shall bear interest until paid by Grantor at two percentage points over the prime rate of interest from time to time charged by Citibank, N.A. 5 02 Maintenance The property shall continue to be maintained in the same physical condition as it is on the date of, and in conformance with,this Easement at the Grantors sole expense. However, nothing contained in this Easement shall be construed to require the Grantor to repair any injury to or change in the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement. ARTICLE SIX INDEMNIFICATION 6,01 Grantor's Obloations Grantor shall indemnify and hold Grantee harmless from any charges or liens imposed upon Grantee arising from the physical maintenance and upkeep of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered the Grantor's obligations. 6 02 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, reasonable attorney's fees, standard fees awarded by court,judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: a) from injury to persons or damages to property arising from any activity on the Property, except those due solely or 7 partly to the acts of the Grantee, its officers, employees, agents, or independent contractors; and b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or Independent contractors. ARTICLE SEVEN GRANTEES RIGHTS 7.01 Entry and Inspection Grantee shall have the right to enforce the purposes of this Easement by injunctive relief and to that end shall have the right to enter upon the Property at reasonable times, upon reasonable prior notice to Grantor, and in a manner that will not interfere with the Grantor's quiet use and enjoyment.of the Property, for the purpose of inspection to determine whether this Easement and Its purposes and provisions are being upheld, and for purposes of scientific research such as collection of data and the placement and monitoring of resource sampling and data collection equipment. Grantee shall not have the right to enter upon the Property for any other purpose, except as provided in Section 7.03, nor to permit access upon the Property by the public. 7.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that the Grantee may reasonably deem necessary. However,it is understood and agreed by the parties hereto that the Grantor shall not be liable for any changes to the Property caused by action of the elements, any natural disaster or act of God, or by action of any governmental authority. 7.03 Enforcement Richts of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of the Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the Grantee's rights or otherwise to further the purpose of this Easement), Grantee shall have the right to, (1) to institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (it) to enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto or on the date hereof, or to such condition as is expressly permitted hereby or as may be pursuant to the terms hereof, as Grantee deems appropriate under the circumstances, or (III) to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. If the Grantor acknowledges or is found in violation of the terms of this easement by a court, then Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by Grantee (herein called "legal expenses") in connection with any proceedings under this Section 7.03. 7.04 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SEVEN shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any remedy or relief or the use of such remedy or relief at any other time. 8 7 05 Assicnability 6rentee shall have.the.right to assign any and all of Its rights and responsibilities under this Easement and any and all'of Its right title and interest In and to this Easement only to the Town of Southo/do(another qualified organization (herein called "the Assignee"). As used herein: the term "qualified organization" means a not-for-profit corporation which is qualified to receive such interests pursuant to Article 49 of the New York Environmental Conservation Law, and is a qualified organization within the meaning of Section 170(h)(3) of the Code, which is organized or operated primarily or substantially for one of the conservation purposes specified in Section 170(h)(4)(A) of the Code or a governmental unit or agency as provided in said Code section. Any assignment by Grantee or Grantee's successors must require the Assignee or Assignee's successors to carry out the purpose of this Easement. The Assignee and Its successors and assigns shall have the same right of assignment. 7.06 Succession If at any time Grantee or any successor or assignee Is unable to enforce this Easement fully or falls to do so,,or If Grantee or any successor or assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section 170 lh)(3) then the easement shall be vested In the Town of Southold or such other qualified organization the Grantee shall designate. If, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of its rights and responsibilities under this Easement and all of its right, title and interest in and to the Easement to a qualified organization, then the rights and responsibilities under this Easement shall become vested in and fall upon another qualified organization in accordance with a cy pres proceeding brought in any court of competent jurisdiction. 7.07 Extinguishment This easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 7.07, the fair market value of such right and interest shall be equal to the difference, as of the date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby (such difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinafter referred to as the "Proportionate Share"). In the event a material unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, resulting in an extinguishment of this Easement or any material term or provision hereof by a judicial proceeding; then upon a subsequent transfer of title to the Property by sale, gift, devise, exchange, taking by eminent domain or by purchase in lieu of a taking, Grantor (or any successors or assigns) shall pay to Grantee an amount equal to the greater of (x) the consideration paid by Grantee to Grantor for this Easement or (y) a share of the proceeds of such transfer in a proportion which the appraised value of this Conservation Easement at the time of granting of same bears to the amount of proceeds of such transfer. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the Property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to a share of the remaining recovered proceeds in a proportion which the appraised value of this Conservation Easement at the time of granting of same bears to the amount of the remaining recovered proceeds. The Grantee shall use such proceeds actually recovered by it in a manner consistent with the purpose of this Easement. The respective rights of Grantor and Grantee set forth in this Section 7.07 shall be in addition to, and not in limitation of, any rights they may have by law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. 9 ARTICLE EIGHT MISCELLANEOUS 8.01 Entire Understandino This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 8.02 Amendment This Easement is made with the intention that it shall qualify as a conservation easement in perpetuity under I.R.C. Section 170 (h). The parties agree to amend the provisions of this Easement in such manner as may be indicated by the Internal Revenue Service, as a result of final determination after audit of the federal income tax return of the Grantor, to entitle the Grantor to the charitable deduction described in I.R.C. Section 170 (h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This Easement can be terminated or modified only in accordance with the common and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain of the restrictions contained in this Easement. To this and, Grantee and Grantor shall mutually have the right, in their sole discretion, to agree to amendments to this Easement which are not inconsistent with the basic purpose of the Easement set forth in the Introduction hereof; provided, however, that the Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid conservation easement under Article 49, Title 3 of the t;J^ Environmental Conservation Law of the State of New York, as the same may be hereafter amended or any regulation issued pursuant thereto, or Section 170(h) of the Internal Revenue # C Code governing "Qualified Conservation Contributions:' In the event of amendment, the Grantee at will be required to obtain the consent of the Planning Board of the Town of Southold, which �e consent shall not be unreasonably witheld or delayed. In the event Grantor or Grantee submits a proposed amendment for approval to the Planning Board of the Town of Southold together with a copy of this easement, the amendment shall be deemed approved unless the Planning Board of the Town of Southold objects thereto In writing within a reasonable period of time, not to exceed one hundred twenty(120) days after receipt of the proposed amendment. The parties acknowledge the boundaries of the Open and Development Areas may have to be adjusted to accommodate the Town of Southold at such time that the Property is subdivided as provided herein, and the parties agree to cooperate in such boundary line adjustments as may be necessary, provided said adjustments would not result in diminution of the Easement Area, or an increase in the number of lots or primary structures to be developed by the Grantor. 8.03 Severability Any provision of this Easement, restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement which is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 8.04 Notice All notices required by this Easement must be written. Notices shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 8.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the President, or to such other address as Grantee may designate by notice in accordance with this Section 8.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 10 8.05 Governina Law New York law applicable to conservation easements pertaining to land located within New York shall govern this Easement,in all respects, including validity, construction, interpretation, breach, violation and performance. 8.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other parry's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render It valid and be consistent with the purposes of this Easement as intended by Grantor. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and, this Easement shall be interpreted broadly to effect the purposes of the Easement as intended by Grantor. The parties intend that the Easement,which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 8.07 Public Access Nothing contained in this Easement grants, nor shall be Interpreted to grant, to the public any right to enter upon the Property. 8.08 Warranties The warranties and representation made by the parties in this Easement shall survive its execution. 8.09 Bindina The covenants, terms, conditions, restrictions and purposes of this Easement shall run with the Property, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, heirs, personal representatives, successors and assigns. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each of its agents,successors,and assigns and each such following successor and assign, and the word "Grantee" when used herein shall include all of those persons or entities. 8.10 Recordina Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk. 8.11 Headinas The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be Ignored in its construction. 11 IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Open Space Conservation Easement on the day and year set forth above. ANNA K.PLOCK ---------------- CAROL ANNE WEIL V7ka CAROL ANNE PLOCK ---------------- DEBORAHANNEPLOCK WILLIAM JOHN PLOCK ---------------- KATHERINE MARIAN ROKE f/k/a KATHERINE MARIAN PLOCK And; ---------------- CAROLANNEPLOCK as TRUSTEE UNDER THE WILL OF JOHN L.PLOCK,JR. And; ---------------- RICHARD F.LARK ---------------- JEROME F.HOLUB,JR. WALLACE KANDELL as TRUSTEES OF THE TRUST UNDER THE WILL OF JOHN L PLOCK ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST,INCORPORATED(Grantee) BY:------------------------------------------- John v.H. Halsey President (Nine are required) (2 with State of Florida, County of _) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On this day of , 1994, before me personally appeared to me known and known to me to be the Grantor mentioned and described in, and who executed the foregoing instrument, and he/she duly acknowledge to me that he/she executed the same. Notary Public 12 .o STATE OF NEW YORK ) COUNTY OFSUFFOLK ) SS.: On this day of 1994 before me personally appeared JOHN v.H.. HALSEY, who, being by me duly sworn, said that he resides at 469 Majors Path,Town of Southampton,New York,that he is President of PECONIC LAND TRUST,INCORPORATED the Grantee mentioned and described in and which acknowledge and accepted all of the rights and responsibilities under the foregoing Instrument and the Easement conveyed therein; that he knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the Board of Directors of the said Corporation; and that he signed his name thereto by like authority. Notary Public [REVISED: 4/14/94] Schedule A: Description of the Property Schedule B: Description of the Mariculture Area Schedule C: Description of the New Residential Area Schedule D: Map of the Property 13 • i �o��gUFFO(k�o Gy` O r PLANNING BOARD MEMBERS ti SCOTT L. HARRIS cp _ Supervisor Richard G.Ward,Chairman y �� George Ritchie Latham,Jr. ��,( �a Town Hall, 53095 Main Road Bennett Orlowsid,Jr. P.O. Box 1179 Mark S. McDonald Southold,New York 11971 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE Fax(516)765- 1823 ' TOWN OF SOUl'HOLD t February 8, 1994 Richard F. Lark Main Road P.O. Box 973 Cutchogue, New York 11935 RE: Major Subdivision for Anna K. Plock Southold, New York SCTM# 1000-79-5-20. 2 Dear Mr. Lark: The Planning Board reviewed your suggested revisions for covenant Number 4 at the last work session. As you know, the Board, on May 3, 1994, adopted covenant Number 4 from the Suffolk County Planning Commission report. As noted in the Board' s letter dated May 4, 1993 , the Planning Board amended the report from the Commission so that the conservation or scenic easement had a minimum width of seventy-five (75) feet rather than one-hundred (100) feet. The Board is not in favor of the revised wording you suggested for this covenant. However, the Board has agreed to amended the requirement so that it reads as follows: A conservation or scenic easement having a minimum width of 75 feet extending landward from the mean high water line of Southold Bay (Shelter Island Sound) shall be established to insure that no development adverse to the aesthetic quality of the shoreline will take place. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and cutting shall be subject to review by the Town to insure proper maintenance and preservation of the natural buffer. Please contact me if you have any questions regarding the above. Melissa ipi-?1_6t0_ Planner l PLANNING BOARD MEMBERS `� rn SCOTT L. HARRIS Supervisor Richard G.Ward.Chairman ✓✓" George Ritchie Latham,Jr. _ ; Town Hall, 53095 Main Road Bennett Orlowski,Jr. 3 P.O. Box 1179 Mark S. McDonald Southold, New York 11971 Kenneth L. Edwards i� PLANNING BOARD OFFICE Telephone(516) 765-1938 Fax(516) 765- 1823 TOWN OF SOUTHOLD February 1, 1994 Richard F. Lark Main Rd. P.O. Box 973 Cutchogue, NY 11935 RE: Major Subdivision for Anna K. Plock Southold, New York SCTM# 1000-79-5-20. 2 Dear Mr. Lark: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, January 31, 1994: WHEREAS, it is the policy of the Southold Town Planning Board to conserve open space in the Town of Southold; and WHEREAS, the Southold Town Planning Board wishes to encourage alternative methods of open space preservation including the voluntary granting of conservation easements by private landowners to private conservation organizations; and WHEREAS, Anna K. Plock and others (operating under the name of "Plock Family JV" ) are the owners of land situated North of North Bayview Road, Town of Southold, New York, identified as SCTM# 1000-79-5-20. 2, comprising approximately 22 acres as shown on the "Map of Lands of Anna K. Plock" as prepared by Young & Young Surveyors; and WHEREAS, Plock Family JV wishes to convey to Peconic Land Trust, � a not-for-profit charitable organization qualified under Section 170 (h) ( 3 ) of the Internal Revenue Code of 1986 (amendatory or supplemental legislation) an Open Space Conservation Easement primarily to reduce the allowable density from approximately 14 lots to no greater than five lots; four lots which will be Page 2 Anna K. Plock February 1, 1994 developed for new single family residences, and the fifth lot which is to contain all the existing buildings and boat docking facilities, which will be used primarily for open space and as a resource for mariculture, scientific and educational purposes; and, be it therefore, RESOLVED, that the Southold Town Planning Board hereby determines that the Open Space Conservation Easement which the Plock Family Joint Venture intends to convey to the Peconic Land Trust will be made pursuant to the Town' s public policy of preserving open space and that said conveyance will yield a significant public benefit. Please contact this office if you have any questions regarding the above. Sincerely, �1� /� Vow/ Richard G. Ward Chairman CC: Tim Caufield Melanie Tebbins PLANNING BOARD MEMBERS w SCOTT L. HARRIS J t N supervisor Richard G. Ward,Chairman '� ✓e, ^— 7�.;Ar� George Ritchie Latham,Jr. �4 Town Hall, 53095 Main Road Bennett Orlowski,Jr. -Yy ` � P.O.Box 1179 Mark S. McDonald Southold,New York 11971 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE Fax(516)765- 1823 TOWN OF SOUTHOLD January 20, 1994 Richard F. Lark Main Road P.O. Box 973 Cutchogue, New York 11935 RE: Major Subdivision for Anna K. Plock Southold, New York SCTM# 1000-79-5-20 . 2 Dear Mr. Lark: The Planning Board has reviewed the Open Space Conservation Easement and the draft resolution submitted by Timothy Caufield on December 20, 1993 , for the above mentioned subdivision. Upon advice of the Town Attorney, the Board has decided to require a separate document containing the covenants and restrictions required by the Board ( see list below) rather than to adopt the Open Space Conservation Easement as presented. The Conservation Easement is an easement between the Grantor and the Grantee, and does not involve the Planning Board. In addition, the Planning Board has scheduled a resolution for the January 31 , 1994, meeting in order to satisfy your request to specify the conservation purposes of the project. The Board has modified the draft resolution submitted by Mr. Caufield. However, the original intend has been met. I have enclosed a COPY of the draft resolution for your review. The following items must be included in the Declaration of Covenants and Restrictions: A. The Covenants and Restrictions required by the Suffolk County Planning Commission. Please refer to the Board' s letter of May 4, 1993 for additional information pertaining to the report. I 've enclosed a copy of the letter and the Suffolk County Planning Commission report' for your convenience. Anna K. Plock January 20, 1994 Page 2 . B. Condition Letter B of the Board' s conditional preliminary approval: Any specific use or improvement to Lot Number 5 shall be subject to review and approval by the Planning Board and the Town Trustees. C. The following two paragraphs: The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants as they relate to the open space, common area or nomenclature and to take' any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. A copy of the draft Declaration of Covenants and Restrictions must be submitted for review by the Planning Board and the Town Attorney. Once approved, the document must be filed in the Office of the County Clerk. Please contact me if you have any questions regarding the above. Sincerely, „ Melissa p-iEJX/9 Planner #o enc. cc: Laury Dowd, Town Attorney Albert Krupski, President, Board of Trustess Timothy Caufield, Peconic Land Trust Melanie Tebbins, Peconic Land Trust r:' DRAFT RESOLUTION FOR JANUARY 31, 1994 RE: Major Subdivision for Anna K. Plock Southold, New York SCTM# 1000-79-5-20. 2 WHEREAS, it is the policy of the Southold Town Planning Board to conserve open space in the Town of Southold; and WHEREAS, the Southold Town Planning Board wishes to encourage alternative methods of open space preservation including the voluntary granting of conservation easements by private landowners to private conservation organizations; and WHEREAS, Anna K. Plock and others (operating under the name of "Plock Family JV" ) are the owners of land situated North of North Bayview Road, Town of Southold, New York, identified as SCTM# 1000-79-5-20. 2, comprising approximately 22 acres as shown on the "Map of Lands of Anna K. Plock" as prepared by Young & Young Surveyors; and WHEREAS, Plock Family JV wishes to convey to Peconic Land Trust, a not-for-profit charitable organization qualified under Section 170 (h) ( 3 ) of the Internal Revenue Code of 1986 (amendatory or supplemental legislation) an Open Space Conservation Easement primarily to reduce the allowable density from approximately 14 lots to no greater than five lots; four lots which will be developed for new single family residences, and the fifth lot which is to contain all the existing buildings and boat docking facilities, which will be used primarily for open space and as a resource for mariculture, scientific and educational purposes; and, be it therefore, RESOLVED, that the Southold Town Planning Board hereby determines that the Open Space Conservation Easement which the Plock Family Joint Venture intends to convey to the Peconic Land Trust will be made pursuant to the Town' s public policy of preserving open space and that said conveyance will yield a significant public benefit. • COUNTY OF SUFFOLK • SUBFic� -- r��_ "�4. J� ✓ F � C ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING April 15, 1993 Mr. Bennett Orlowski, Jr. , Chairman Town of Southold Planning Board Main Road Southold, NY 11971 -10.,1 Re: Preliminary Subdivision - Anna K. Plock 1094.58 feet n/o North Bayview Road, between the end of a private right-of-way and Shelter Island Sound, Bayview in the Town of Southold, New York. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on April 14, 1993, reviewed the proposed subdivision plat, entitled, "Preliminary Subdivision - Anna K. Plock" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. The attached Resolution signifies action taken by the Commission relative to this application. Very truly yours, Arthur H. Kunz Director of Planning by Frank Dowling, Sr. Planner Subdivision R view Division File: S-SD-93-04 FD:mb Attachment M cc: Edward Romaine, County Clerk D a U APR 2 01193j SOUTHOLD TOWN PLANNING BOARD H.LEE DENNISON BUILDING ■ VETERANS MEMORIAL HIGHWAY ■ HAUPPAUGE. NEW YORK 11788 0 (516) 853-5192 File No. S-SD-93-04 Resolution No. ZSR-93-38 of Suffolk County Planning Commission Pursuant to Sections A14-24, Article XIV of Suffolk County Administrative Code WHEREAS, pursuant to Sections A14-24, Article XIV of the Suffolk County Administrative Code, a referral was received by the Suffolk County Planning Commission on March 26, 1993, with respect to a proposed plat entitled, "Preliminary Subdivision - Anna K. Plock" submitted by the Town of Southold Planning Board affecting premises located 1094.58 feet n/o North Bayview Road, between the end of a private right-of-way and Shelter Island Sound, Bayview, in the Town of Southold, New York, and WHEREAS, said referral was considered by the Suffolk County Planning Commission at its meeting on April 14, 1993, and WHEREAS, the Commission has voted to approve with certain changes said referral, Be It Therefore RESOLVED, That the Suffolk County Planning Commission hereby approves and adopts the report of its staff as the report of the Commission, Be It Further RESOLVED, That said proposed plat is approved subject to the meeting of the following conditions that are deemed necessary to help preserve the natural and aesthetic attributes of the shoreline of Shelter Island Sound and for good planning and land use. 1. The lots in this subdivision shall be made subject to a covenant that will prohibit future subdivision. 2. No stormwater runoff resulting from the development and improvement of the subdivision of any of its lots shall be discharged down the bluff or bank or into Shelter Island Sound. 3. No new residential structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the top of the bluff or bank of Shelter Island Sound. 4. A conservation or scenic easement having a minimum width of 100 feet shall be established along the shoreline of Shelter Island Sound to insure that no development adverse to the aesthetic quality of the shoreline will take place. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and cutting shall be subject to review by the Town to insure proper maintenance and preservation of the natural buffer. 5. Erosion and sediment control measures shall be required during and after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Shelter Island Sound. �SyfFl74 4 O� O PLANNING BOARD MEMBERS p + SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ,i�'4<'� ' O`. Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 May 4, 1993 Richard F. Lark Main Road P.O. Box 973 Cutchogue, New York 11935 RE: Major Subdivision for Anna K. Plock Southold, New York SCTM# 1000-79-5-20. 2 Dear Mr. Lark: The following took place at a meeting of the Southold Town Planning Board on Monday, May 3 , 1993 : The following resolutions were adopted: 1. It was RESOLVED to adopt the April 15, 1993 Suffolk County Planning Commission report with the following amendments (numbers correspond to numbers in report) : #1. Is to remain as written. #2. Is to remain as written. #3 . Is to be amended as follows: As per the Southold Town Code, the minimum setback for buildings located on lots adjacent to tidal water bodies is seventy-five (75) feet. Therefore, no new residential structure shall be constructed or otherwise located within seventy-five (75) feet of Southold Bay. #4. Is to be amended as follows: The conservation or scenic easement is to have a minimum width of seventy-five (75) feet rather than one-hundred (100) feet for the reason stated in Number 3 above. a Anna K. Plock May 4, 1993 Page 2 #5. Is to remain as written. #6. Is to be omitted. V. Is to be revised as follows: The private road that serves as access to this property shall be inspected by the Engineering Inspector. Any improvements deemed necessary by the Engineering Inspector for proper access by emergency or service vehicles shall be completed in conjunction with the improvements for the proposed road. In addition road identification signs shall be installed if necessary. #8. Conditions 1 to 5, inclusive, must be presented in a Declaration of Covenants and Restrictions. The second paragraph of Number 8 is to be included in the Declaration. #9. Is to remain as written. The Liber and Page number of the recorded Declaration must also be noted on the final map. A copy of the draft Declaration of Covenants and Restrictions must be submitted for review by the Planning Board and the Town Attorney. Once approved, the document must be filed in the Office of the County Clerk. 2. It was RESOLVED to adopt the April 9, 1993 report from the Engineering Inspector. 3 . The preliminary public hearing which was opened on April 12, 1993 , was closed. 4. It was further RESOLVED that the Southold Town Planning Board grant preliminary approval on the maps dated August 17, 1992, with the following conditions: A. The seventy-five (75 ) foot conservation easement described in Number 4 of the April 15, 1993 Suffolk County Planning Commission report shall be indicated on the final maps. B. The following term shall be included in the Declaration of Covenants and Restrictions: Anna K. Plock May 4 , 1993 Page 3 Any specific use or improvement to Lot Number 5 shall be subject to review and approval by the Planning Board and the Town Trustees. C. The final maps shall contain a note that the subdivision is a Cluster Subdivision designed in accordance with Section 281, Town Law. Failure to submit the final submission within six (6) months of the date of preliminary approval shall automatically cancel the conditional preliminary approval, unless a request for an extension of time is requested, and granted by the Planning Board prior to the expiration of this six ( 6 ) month period. The final submission must contain the following: 1 . Final subdivision maps, modified in accordance with the conditions of preliminary approval and containing a valid stamp of Health Department approval. (Six ( 6) paper copies will be required as part of the final subdivision. Two (2) mylars with a valid stamp of Health Department approval will be required prior to any endorsement of the subdivision. ) 2. Final drainage plans and road profiles revised in accordance with the April 9, 1993 Engineering Inspector's report. (Six (6) paper copies are required. ) 3 . A draft of the Declaration of Covenants and Restrictions. The Planning Board may require additional covenants and restrictions upon review of the final maps. 4. A draft bond estimate for all subdivision improvements. The draft will be reviewed by the Planning Board and the Engineering Inspector. 5. A draft of the By-laws for the Homeowners Association. 6. The preliminary maps have been sent to the Commissioners of the Southold Fire District for a recommendation as to whether a firewell is necessary for fire protection. If the Commissioners recommend that a firewell be installed and the Planning Board determines that such is required, its location shall be shown on the final map. The cost for the installation will be included in the bond estimate. (You will be notified under separate cover if a firewell is required. ) Anna K. Plock May 4, 1993 Page 4 7. A letter from each public utility company whose facilities are proposed to be installed in the proposed subdivision. Such letter shall state that the utility company will make the installations necessary for the furnishing of its services. The final hearing will not be scheduled until all of the above items are submitted and are accepted by the Planning Board. Please note that a Park and Playground fee as per Section A106-38 (E) must be submitted prior to any endorsement of the final map. If you have any questions regarding the above, please contact this office. Sincerely, in� ® / �/ Richard G. Ward Chairman Encl. cc: Melanie Tebbins, Peconic Land Trust Suffolk County Planning Commission Albert J. Krupski, President O�OS�FFO(�-COG Town Hall John Holzapfel, Vice President �� y� 53095 Main Road William G. Albertson P.O. Box 1179 ^Z+ Martin H. Carrell Southold, New York 11971 � • `t` Peter Wenczel Telephone(516) 765-1892 O( �O Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 5, 1994 Tim Caufield Peconic Land Trust P.O. 2088 30 Jagger Lane Southampton, NY 11969 + FEB _ 81994 RE: Plock Property SCTM #1000-79-5-20.2 Dear Mr. Caufield: The following action was taken by the Southold Town Board of Trustees on Tuesday, December 21, 1993 . WHEREAS, it is the policy of the Town of Southold to conserve its open spaces; and WHEREAS, the Town has clearly defined, delineated and implemented its policy of conserving its open space by: 1. The adoption of Chapter 59, Open Space Preservation, of the Town Code, by the Town Board which determined that it is in the public interest to preserve and maintain open space within the Town of Southold. 2. The implementation by the Town of an Open Space Bond Act to purchase open space and development rights from the owners of open lands in the Town of Southold. This bond act was approved by public referendum; and 3. The adoption by the Town Board of local law creating a "Land Preservation Committee" which reviews all matters relevant to the preservation of open space in Southold Town; and 4. The adoption by the Town Board of local law (No. 1-19891 providing for Cluster Development, specifically for the purposes of conserving "land and protection of groundwater supply and groundwater recharge areas—and (the) preservation of scenic qualities of open space." WHEREAS, despite the efforts of the different levels of government, open space continues to be converted to other uses in Southold; and WHEREAS, the Board of Town Trustees of the Town of Southold wishes to encourage other methods of open space preservation including the voluntary granting of conservation easements by private landowners to private conservation organizations; and WHEREAS, Anna K. Plock and others (operating under the name of "Plock Family JV" ) are the owners of land situate North of North Bayview Road, Southold, New York identified as SCTM#1000-79-5-20. 2 comprising approximately 22 acres as shown on a survey prepared by Young & Young Surveyors entitled Lands of Anna K. Plock; and WHEREAS, the Plock Family JV wishes to convey to Peconic Land Trust, a Not-For-Profit charitable organization qualified under Section 170(h) (3 ) of the Internal Revenue Code of 1986 (amendatory or supplemental legislation) , an Open Space Conservation Easement primarily to reduce the expected density from approximately 14 lots to o greater than five lots; four lots which will be developed for new single family residences, and the fifth lot which is to contain all the existing building s and boat docking facilities, which will be used primarily for open space and as a resource for Mariculture, scientific and educational purposes; now therefore, be it RESOLVED, that the Board of the Town Trustees of the Town of Southold hereby determines that the Open Space Conservation Easement Which the Plock Family Joint Venture intends to convey to the Peconic Land Trust in 1994 will be made pursuant to the Town's clearly delineated public policy of preserving open space and that said conveyance will yield a significant public benefit. Vote of the Board: All Ayes. If we can be of further assistance, please do not hesitate to contact this office. Albert J. Krupski, Jr. , President, Board of Trustees AJK:jmd cc: Richard Lark RICHARD F. LARK M s ATTORNEY AT LAW MAIN ROAD - P. 0. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 January 28, 1994 Melissa Spiro, Planner Southold Town Planning Board Town Hall, 53095 Main Road P. O. Bo 1179 Southold, NY 11971 RE: Subdivision for Anna K. Plock Southold, New York SCTM# 1000-79-5-20 .2 Dear Miss Spiro: After our meeting on January 27, 1994, I discussed your understanding of the Planning Board' s amendment to the proposed covenant for (#3 ) with Mr. Lark and he therefore proposes the covenant read as follows : " ( 3) . No residential structure shall be constructed or otherwise located within 75 feet of the mean high water line of Southold Bay (Shelter Island Sound) ; and no sanitary dis- posal facility shall be constructed or other- wise located within 150 feet of the mean high water line of Southold Bay (Shelter Island Sound) . As you will recall, the County Planning Commission suggested a restriction of 100 feet from the top of the bluff or bank for construction of the sanitary disposal facility; however, to provide a definite point, Mr. Lark suggests 150 feet from the mean high water line which is more restrictive than the County ' s request. It is my understanding you have placed this sub- division on the agenda for the work session of the Planning Board on January 31, 1994 so Mr. Lark can appear and discuss the proposed covenants . Very truly yours, _.�✓. Mary L u Folts MLF/m JAN 3 1 a , RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 January 24, 1994 Melissa Spiro, Planner Southold Town Planning Board Town Hall, 53095 Main Road P. O. Bo 1179 Southold, NY 11971 RE: Subdivision for Anna K. Plock JAN 2 8 Southold, New York SCTM# 1000-79-5-20 . 2 Dear Miss Spiro: Thank you for your letter of January 20, 1994 . In reviewing same, I agree with the Board that the Open Space Conservation Easement between the Plock family and Peconic Land Trust is a private matter and does not involve the Planning Board. Mr. Caufield gave a preliminary draft of the Easement to the Planning Board merely to show what was contemplated as to the development of the property. As far as I am concerned, the resolution which you propose for the January 31 , 1994 meeting in connection with this subdivision is acceptable. I am preparing a draft of a Declaration of Covenants and Restrictions which I will be forwarding to you in the near future. However, in preparing same I have reviewed the Planning Board ' s letter of May 4, 1993 and I have a recommendation as to item 1, (#3 ) and (#4 ) referring to paragraphs 3 and 4 of the Suffolk County Planning Commission resolution dated April 14, 1993 . I would suggest the covenant for (#3 ) read as follows : " ( #3) . No residential structure or sanitary disposal facility shall be constructed or otherwise located within 75 feet of the mean high water line of Southold Bay ( Shelter Island Sound) . " The reason I suggest the mean high water line is that it provides a definite point from which to measure the 75 feet. I added "Shelter Island Sound" because that is how the body of water is referred to in the legal description and sub- division map. I realize it is referred to on the Hagstrom Maps and locally as "Southold Bay" . � T V Melissa Spiro, Planner -2- January 24, 1994 RE : Plock subdivision I would also suggest that the covenant for ( #4 ) read as follows : " ( #4) . A 75 foot buffer area extending landward from the mean high water line of Southold Bay ( Shelter Island Sound) shall be established along the northerly boundaries of lots 2 and 3 as shown on the filed map of ' flock Shellfisher Preserve ' . No buildings or structures shall be constructed, within this buffer area, with the exception of : patios; decks not to exceed 24" in height; and bulkheads which may be approved by the Southold Town Board of Trustees, New York State Department of Environmental Conservation, for the specific purpose of controlling or preventing erosion and protection of the property. The reason for this request is this is what has been agreed upon with Peconic Land Trust after physically inspecting the property, noting the probable location of the footprint of a house to be no closer than 75 feet from the mean high water line. Further, the topography of the land in this area is level or a slight decrease in slope landward from the top of the bank. This will allow bulkheads within the 75 foot buffer area as well as lawns, patios and decks which will no doubt be constructed landward of the bank or bulkhead in this area. I am in the process of finalizing the easements for telephone and electric and will forward copies to you. As soon as the weather clears, I hope to have all the improvements finished so the property can be inspected by the Planning Board and Engineering Inspector. Very truly yours, Richard F. Lark RFL/m 7 8 9 10 ,_._,_....__,__....._.._._..�I I,r 13 - 15 16 17 G _- In, Vrq rO N r, 10 r0'I O o Z r I n,IAP PREPARED BY LOCKWOOD, KESSL,_R & k N�F�UL 1110TE5 ->- -- r �- _°^ c L3ARfLETT , INC ' _ - PIIOTOGRTOGIC METHODS D I --_- - - \ - -- 1 DATE OF PHUTOGRAPRAPHY ' 4'-28-88 �•,,'. HORIZONTAL DATUM IS THE NEW YORK STATE PLANE :'OORDINATE £Y S'fEM, L I ZONE u I � I 3. 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I' �[�_ _ _ oTMe Rs ee rrnerl Pwnv 1 =w wm "wD,` ) us ilx9 m wlo xa u N PROP Y Rober // / / n69 sxELL e I I A-�\LTL_�`�-� O`-+ED f Herm o_ "MO l 3' _ 1p _ /rfuaownv / \o O Ip STONE 0n f G ON W- N y'_ 3. / �+un M E'+LENp i o °� j In Dav ;ro wm N - _ r (2� 10'_ �-- N ` G / rR WHecr A.% S\ ° m �m \ 0 1 P �os Ir6R I z a - vl '^m o v Lorl __ _ _ I IA1 RI�H E'E Ps m �j a p i "v NotN io0 mN pm N.e°3349 55 r6 sc -.• I EXISY 7'_p,�p 5 2, 442,000 ' '+�°- I ' I z ,m o m w ° ;'- = i - cR x10.1 TpP STA z � N - Lon � � AIN LINK FENCE x s WAY D L E.= 8. 17 I X- L J v / n L-� _ Lot2 \ I "�_ .._. T.G.= 11 .42 33z4z' o ° o .r E 2,442 ,000 7 a' Ar Of IJn erworer aan�'„� � --=�Dr2 ,D o ;' /' -- )_ Land=13982s.f �eLNP Lora Eu�KHEAD- � 0 r O f euL�HrAc- � SITE DATA I. TOTAL AREA = 21.7733 ACRES H ' _ i __ 2 ZONING USE DISTRICT = 'RESIDENTIAL LOW DENSITY IAA'BOAT , _ I 4 TOTAL LENGTH OF R 180(' FT BASIN S bdivis l 3 TOTAL NO OF LOTS � Ion , l� Mop Of Re ROAD = ' 1 Ydon ' Shores � I I �`' - _ - -� �� , - Inc.' Suffolk Count' File No, I 1 {' TEST HOLE NO. TEST HOLE NO 2 TEST HOLE NO DARK 0.0 BROWN BROWN BROWN LOAMY SANDY SANDY SAND LOAM I LOAM O T' BROWN I BROWN LOAMY w FINAL ROAD 5 DRAINAGE PLAN I LOAMY SAND S'0 SAND PALE AYEY PALE � = BROWN 6AND PREPARED FOR ry' FINE GW' S.'I NSA BROWN TO BROWN MEOI°M cOA0.5E CLAYEY PLOCK SHELLFISHER PRESERVE 'ro VERY SAND =^~oE GW E SAND BD DRAINAGE CALCULATIONS [) \ / ` ,�/ E 2,441 ,500 J BROWN PALE FrNE S7RU CTURE RUNOFF 9U RFACE AREA RAINFALL GaEFF. REq. VOLUME STRUCTURE RUNOFF SURFACE AREA RAINFALL GOEFF REQ. VOLUME AT BAY V IE VV 1 MEDIUM FALE TO fi ROWN FAVEMENT 9 6.00 5.F 0.06 FL O.lo 460.8 G.F. I To vERY coxgse PAVEMENT 6400 5 F. o 17 FT. O 6 652.8 G.F. `n, d SAR ANDE FINE SAND GRASS 372aOS.F a. 17FT. 02 12GA.8G.F TOWN OF �OUTI--TOLD it GRA`.+S 24750 S.F 0.08 FT. 0.2 39G.0 C.F. C'` T° tT' COARSE 15. C. 5 NO TOTAL REq U I R e V VOLUME I915'O.F. G 6 Mo. TOTAL REQUIRED VOLUME SS6.8 GF.SAND rq 2 ARENTO BE PLANTev, 19000 SFi n 1.5 FT. = 2B5000.F.) 5 t, 10 657 GB - lc B.42 6F./FT - I?-.6 V F. SUFFOLK COUNTY N . Y. 14 USE (2) 10'-0 DIA v _7'-O"DEEP L.P'S f r TOTAL PROVIDED VOLUME 205oo G.F TOTAL PROVIDED VOLUME 9S1.9 GF ��( NEt'yy tiP W- W r NO iFC T - co I I ■ = MONUMENT .mnox¢ro cvnwuR W xrnnrye * 2c-1= STAKE 'y mis suxv[ns xvlounon nr STRUGTU RE RUNOFF SURFACE AREA RAINFALL GOEFF REq. VOLUME .ear°x nor of n¢ urw ro,x s+An 3. 9UFFOI_I( COUNTY TAX :oucxnon uw PAVEMENT I] I' 015T .0 SECT jQ 13LK 5 LOT 20.y :ont5 or wIs susvtr.uAr xos Nx[ING $000 9.F O. IT FT Q C. 616.0 G F ! Q 4 LANDWARD LIMIT OF FRESHWATER &TIDAL WETLANDS rMr s"x° ,uxvors 1Nreo sru or GRASF� 22300 5 F O. I7 FT 0.2 T 38.2 C E OCT. 10,199Q 45893 { 8 1994 UU osuo n"s sr au nor rt cucwusc MAY E4,1994 " OFSIr,NATFOEIYflRDCEANDER50N, ronevumnmroxv. G.15. NO Yo7AL REgUIRED VOLUME 15740.E MAYAPR 24,1994 �LAPIDSQQ` suAr..are[s rnnm.rm xurwr vau rUv '6 E, 4 AUG.10 1993 15T4 G.F. + G8.42 4F.�FT. 2?,.O J.F. JUN 26,1993Q,ZI SOUTHOID10W49 II onsr To me v.xsov ryll wxorn o NWvn DATE AUG.17, 1992 l SOUTHNG BOARD Ji srxsr"xen, Arm orvxlsmusrmme U2E (B) 10-0 b1A x 3'- O OEE•P LP"� PLANNI 'rrsr c°Na.u., ccvNextnut xcsxcr AM 1OJ YOUNG B VOUM1IG xnoule lnsu°uory usrto xexmn. Aw 'TOTAL PROVIDED VOLUME 1642 G,F, �as� '����eo-� 40005TRq NDER AVE , RWERHEAD,N.V _ l ° nn essr,:xes or mr El lA Ixsn, ALDEN W YOUNG,N V.S.PE fl L E D, N0.12 845 unxmrte[s nxr nor rx.xsrsxxrt I ;GALE' 1" = 100 m V, rra Inrnmuons NO. 91 - 906 HOWARD W YOUNG,N.YS. L S LIC NO 45693 ...,_,.., �„_„��,s,���„�- - _ V��Wes• rTHOMAS C WOLPERT, N Y 9 FIE LIC NO 61483 , 10 _ 11 - 12 7�I ���- . 4 -_ __�_ _ 15 _��� SHEET I OF 3 r % 00 T.'A2 F1. • 7 $6, P1 - S.00 PI = 740 1360 Vc< =+O Io Vcc =- 0.20 Vcc= +O 413 A &.cT= 8.80 ACT= 789 EXIS-PING GRADE PROPOSED GRADE i 0 800° -0.800% +0.800% 3 Z N _ > bJBBLE BASIN — b bbLE BA'71N O B NO 3 LEALH W v poo Ly 20 OF 10 G M.P t O. 00% -- G.6. : 7 1 p T.L. =726 T.L. 772 Y I E •+.OI I.b. 447 Z GB. NO.4 G.E. N0.2 IL O T.G . z2m TG. 772 O LE.• 5.89 I .E. 435 K IL 0 u T. p LP HP LP a Z 7.2[0 8.60 772 0 J] H n a l9 O l9 T N 19 AI N N O DO DO LO d N N — d N L ~ r tn N l9 t` l9 N N W r ao O 6i 6i qp a0 m -6 19 > 5 > 61 c0 q0 > m 61 > O N c0 N O N O N O N N rNO O N O 0 Y N O N O C + + + + + + + + + + + + + y + + + + + + + + + + + + + + + + + + 6) 6) e0 s0 r r 0 , .9 19 UN N N d' It It 0 tO s0 N N N O O PROFILE DRIVEWAY de- PROFILE ROAD SCALE SCALE HORIZ' 1° = 50� HORIZ' 1" = 0 V ERT 1 Iq = 0 V ERT 10 LEACHING POOL G 1. COVER 3 N GATGH J 2)ASIN W O AJ1 NFL > S GONG. d CURE S -0 LO 6-O 101-0 101-0 G-O ROAD DETAIL NO SCALE 50'-o RIGHT OF WAY 472 4 31 Is,- 1e/2" HANDRAIL HA 4" GCA IG'- O PA EMENT o FINAL ROAD B DRAINAGE PLAN 3°TOPSOIL fx SEED GI x G' GCA WALE PI TOH d' 4°GROWN I/4�, 1' PREPARED FOR 3/4 GALVANIZED w�N 1i.SHER � NJT PLOCK SHELLASHER PRESERVE EXISTING GRADE 3/4/p GALVANIZED 60LT, TU RN BUCKLE FILTER FABRIC 2'-O LONG W/WASHER F NUT 4' OF a/+" STONE BLEND AT BAYV I EW h°• IO°T i.G GCA STAVING WAILS WITH G'- G O LONG I i STABILIZED SOIL EASE ADJUST WAE TOWN OF SOUTHOLD GRADE PER FIELD 1 GALVAN1Z00 TIE ROD, 6-0 O.O.+ CONDITIONS CONTINUOUS BULKHEAD TO BULKHEMD WITH TURNBUCKLE SUFFOLK COUNTY , N. Y 9"c¢ TIMBER PILE 14'-0 LONG COAT $-OO.G. FpF NEty W. -L Ugle ,IIIw ROAD �, bULI�iHEAD SECTION 1." rws sugvsr Is 6 N,,, y... .. n smnoN Dear oI rxL xre� vngq srnr!MCA �aj 5589'+ C.Ml o.D.w SGAIE ' I = 5 OCT. 10, 1994 cONb or rms s0vlr 11. lkL.l MAY 24,1994 �i'daD rsu LAID AAe-+LN9 NO1 1 Cl all APR 28 1994 £, :M1055[0 SGt $FALL Nul qt Cf4'ICIgfO ro n A VALID rqw co•r AUG. 10,1993 jlALA'Ull INcl;.co rvE,,.,N srau Aurl JUN 2B,1993 YOUNG 8 YOUNG mKl 1. 1x1.11o11 ;uq wxon rxL swvf DATE: AUG. 17, 1992 400 OSTRANDER AVE.. RIVERHEAD, N.Y. ALDEN WYOUNG, N.Y S. PE. IN L.S.LIC.NO.12645 SCALE: AS SHOWN HOWARD W.YOUNG, N.Y.S. L.S. LIC. NO.45893 DI'61 R; er+o ox eis allAlr ro IxL THOMAS C.WOLPERT, N.Y.S. P.E. LIC. N0.61483 0LI Alll lN, covra,unlwAl nclNcr AN NO. 91 - 908 exou�c. nswwr%I+ mnu x,gmx, AND o nn nssl::rrs ,.r rw LLrvuINc INsn. bM1ON GWIgI11F5 Aqi NOI IAANSffgA61 rinl WmN11f1N5 O! SYAsiOs- SHEET 2 OF 3 50175 27.55 Vcc= 0.,aa Voo= 0. 15 Ac#.. 27. 29 A,+ 2592 -1.000 % G B IJO. w _� — EXISTING fSRADE TCEST)42 8.05 147 % LB, IJO. S 3 TG = 11 .42 W _ PROPOSED CAR DE Q or O W p 2 J (2) 10'-O"DIA v 7=0" DEEP L.F's Q F- V K 0. W a I n O H .A= 27. 3(0 W a z — F � q N F FEE? O O m F 0 N o m ENE r Fri r N N N N N N a r .� a 5 N1 0 0 0 d; m q O N _ _ _ � N N 1 to ) N N N N c r P sJ p O p O O O O O O O O O N O ,n N N O O O O O O O O O N O O N p ED O N O N ED N -3N N 9 0 N n O N N O N 0 N O N O ED S 0 — + 4 + + + + 4 + i + F 4 f F + F F + i 4 f F F F T 1' i + Y T + 0 0 0 — — N N m m It Q, d �t N 0 n 5 y S r r o0 w G- 0 0 O = = 1 1 1 - I C� PROFILE EXISTINIG RIGHT OF WAY 5CALE HORIZ 1 50' VERT. I"= 10' FINAL ROAD B DRAINAGE PLAN PREPARED FOR PLOCK SHELLFISHER PRESERVE AT BAYVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY , N . Y. vtt.UIMUN<SU � \IIIR.I,UN OR IJNNII- co 10rws SURVEY rs A V101MION nr yT na."MR OF INI NfW 10R"An mucenoa uw, o- V, c' ONES Of IRIS SUryF1 MM MOf 11,11, 4G895 INt ILND vTH15 suY'S INEA m.r U JVDJ V 10 BE Ap SEALAUD .RUE NUI SF Cf ICJpnIO )LAND� Io R!a veuo nn E. OCT. 10, 1994 sFFAF`Al 0 Ill w010nF R VvI nuN Run MAY 20, 1994 111 10 IN, 11..N ru5 w,[U, m(., APR 2B,1994 YOUNG B YOUNG s nmee61 nuo oN 11 nneu ro I,, AUG 10, 1993 q00 OBTRA NDER AVE RIVE RHEAD , I¢r m� "U rav Elmcmet ncwc oe,u DATE, JUN.2B,1993 400 O W YOUNG , N.Y.S. P.E.B ER EAD , N.Y.N. 12945 ouicA,lamwcv+ ASrm n.uuN SCALE. AS SHOWN ALDEN W YOUNG, L.S. LIC N. O, 1Z o (m ss;^ns„ul,Ell ,INowc wstl. TOWARD C.YOUNG, N.Y.S.N. , N.L.S. E. LIC. 45O. 93 ... ouna.enes All ananNsrneu` NO, 91 - 908 61483 NENNETH P ABRUZZO,N.Y.S. L.S. LIC. NO.49999 SHEET 3 OF 3 50175 - 0 0 iYoung & Young, Land Surveyors PH 400 Ostrander Avenue, Riverhead, New York 11901 Agh rtng o - I 516-727-2303 jigg Alden IV, Young, Professional Engineer & Land .Slarve'yur $ Howard W. Young, Land Surveyor Thomas C. 1Vulpert, Professional Engineer �IRN,Inq _ _ Kenneth F. Abruzzo, Land Surveyor 8npimBHas now R Or formerly �- •OfY•!i^4obert 2 \ Herman Q PLotK I NEE SERVE Efl PR O 61.00 38° W. I HEREBY CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT COMPLY L/31 3349 �_ WITH THE REQUIREMENTS OF THE BUILDING ZONE ORDINANCE OF THE __� 30900' a \\ ����_ TOWN OF SOUTHOLD." I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS n I „oLz 414V ow, 2 COMPLETED JUNE I , 1993 AND THAT ALL CONCRETE MONUMENTS '< N pm �- ° ��-�_ SHOWN THUS: ■ ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY =F r to °' rE]r xo B / '�- `^ SHOWN AND ALL DIMEIISIONAL AND GEODETIC DETAILS ARE CORRECT." Q7 IN I O OR �I rfsr wfLL� 0n*cx �3 2 504 t j w W 837gg 3' Oj a\62o"^ $. I O R 1207.25' 7 - `p'ssk x G I $ f 3 0, 94444 \So C R I hf �25?.9a' r �j '/ KEI'INETH F. ABRUZZO, N.Y.S. Lt�. 49999e$� c o S.f 0` g6 '1 u - 2\50 •� -- ta-2n io mm 5.19003' 'E. '- �Cbr I N 20 30.00' 99"ly og955 \6 q5 �. .m Of 00, I .03 m h SS,B939991y 52\0 9 RZ+�O \0.',5 g�+ N. "� Lp0p0 1_. I -JIF-7-- I - ° ]E,woad' L=`iT J 5gfis ' 99 z h 27 w 48�� -M'-�85�• \°\6 \g515 _ 'v THIS I` TO CERl7FY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED t15 W. N SI -R 0� Q W _�--1-LLB BY THE PLANNING BOARD OF SOUTHOLD U- 350.05 R:170.0q y'(/R.465. _,• onlvEwnv x�j __� LL 75 Nl4 L__I06.01, �5�9 St ONE 9LEN0 1 0 W. �--LL, e 'er .w W m �399'E ]11536� L' q50. �1 p o se S to 2 I� 3QO'j z155.00�" 1`• 5 a °Z 3� DATE OF APPROVAL CHAIRMAN �t in W o O 13°7 . LJ 124.T2, eF LOCATION MAP gN 5 r\ m mVPi h N o n. 8]200.00° 955E f m _ N� -) " oM SCALE: I "=600 a 9E '^ ml^ 3 00 0 :E E q _ _ TIC n p_ 77 a - o E\ Ao. p es, Opm mn a OI> $.f. s3 3 6. 9 10 4 r }n a 2.9.36°?fill"E 397.32' 6W6 O 5`ll' 4/ Q 19 .POI 02'E 397,B2' '3'T I5.3 _ N �� V 3 N 9^3349'E. 1011.15' ,Ao I ' oI mo N2t'v' q0� !v � R.140 °O N rear NDLe d 2 m 29.99P3'49"E m 1O li nowOr N35O xo ] Ye 3I 2 w m = form y 4 Irv° ° Robert Her e�Y 2Q , H (� 32 2E SIOo 175.36' 1n m l a 3 O cl.PAISMC .D, A, W 0 AND 2prr 0349 „ 'a Errs m �� THIS DEVELOPMENT SHALLSCOMPLY WITH STHEFSTANDARDS AND REQUIRE- El REACILITIES FOR ALL LOTS N f\ s.6o° m a w ISs.o :� 6 97089 c4TCH I 51953z h •Lm "' rvlobE 0 Is of_o S.f. rv. .. 4aM s4sIN ^P. MENTS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH. S.21°33'311. `° 1. =na=__ n� ' _ 9.5 gyp. °4•�e,.. 21.37' ]u¢oln°xur.. g 1C o. o" 'S.67°57 3 590.02' `'° •+ 9\ ( p 600 14 ry5 6„E now Or \ 1NOMAS C. WOLPER�N.Y�.E. LI1483 0 g°Id141.61 „?��0 `b.'�o John L, form .W N ID•03°°4g° \ \... -, s.e� w. aCa PlococL now Or forY no �q 'C Y John merl E0r NEW N 8 / 2• x 4s - A.PI CorolA.Plock JOmesC 8, Pmerly .4i u N0.9 `93 m u for aJ Iqi '1 or s I/ s Ba 0}flCla �r N I-Wc Pn Y nS auxD 3349 ' m � Lnvmi w LA GOOlI z I 5 I "n ARM,D 8.33 o sraNf 3so,00• Yle �j 12 •��p 74 D v i cyw I •LQ°. 13.6856 „ III ° E' eLfrvo ` OWNER DE ELOPER: " hn $ I ° '"''�mv coxD,o O ACreS e I I u"DD WE, OflIVE 900.OOT 15' -_ / yT} �+I y 1° MN w uoD_ I N.B° 99nE �� _Y war z ANNA K, PLOCK, ET AL 9§ fio2o W „ ,��1 / i-I ^ql° 1.38 c4rc omP \d�� @yea ' \ // L L I N s4sIN mm 945 HOBART ROAD �, Wo00 °rlO,R41L NID"034s✓z n ."2e"w 094�� °1m SOUTHOLD, N.Y. 11971 L SSI a€ Nl0 9ULKNf4D 25.00' F AI`19'3E' 15.7r' m BOAT EAS 6 EEMN 129E 15 I11/r WETLwoaraT�� ����2�r' ago=4z's'w. N.7• RIGHi OFEWAY TAREA R:>3 ao' Mc�e. -_ rIE SINE I � -= � 3^"E, 23D.94' 1g21.5p. /� EtgL 1� f e E �-� N9°03 La LORD- m wm __ i�� M 3 3uy� a� now 0 �D6 ON W„mj j'm0 xS IR _� � RO t r r D 4ez 6ei. o m ianiwo in. " 103.99' B xoLIS uL.o- ber HetmanlY v PpW m C NP] m N _ r P ".4, x°H p N,b 0_ M mN0 3 Ja- Wm N.O.° R.MOUSE l� ,n M a'L Z z a N ip ry� _3`Ly inr ivo J,im 3349'E. _'� 335.56' 0.RANADE a ^I y 2 N' aWONNmNNQ, a} 11 LOl I -=x41WL,xx /E z SITE DATA: 2 Z O "Ymo m Qa m� c C ��xcE 1. TOTAL AREA =21 7733 ACRES P m 0 DU F' A P 1 2 i o i i z 49- i W Lot I / 33742' - 2. TOTAL NO. OF LOTS = 5 �< / 77699, 3. ZONING USE DISTRICT = ei m �` of ? eRESIDENTIAL L6tl-BIVSFP AA' Lot 3 BOAT BASIN m { _ m W; Lot /� /., \o j �- a J � 1 Subdivision A - "Mop of �° Reydon Shores , Fn„R.n,.L_IXE___ � A Suffolke No /� � .} ,NNEl, „p,Dl-_- m County File e 63 9 N]L & 5 1 M 4 " BB D o Dx"DE y r""ME FINAL PLAT NDN]E _ MAP OF 6 NL EA OCK SHELLFISHER PRESERVE TEST HOLE N0.1 TEST HOLE NO2 TEST HOLE NO.3 6 xX T �a L��_. ���� LN Lvnc .ANNSOP L LLmIM.P°DL �I DRDUND W At: BAYVIEW ]MN N'yw °° SAND ° ]LOAM ^-isADD Dlir•N✓ i. = - - - - Town of: SOUTHOLD L.A. os' SAND LOAM.RU Da' I O `FIND PALE BROWN ° �... �1 Suffolk County, New York PALK BROWN ] PINOE BEND ° y "IN°PCOI xl,. MEDIUM T BROWN \ - LC , 3, ' 2 nT ENgING WUEv TO [ORR]F CLAYEY R. COARSE SAND ].„D ] - _ - --_ - -__ - -_-_- __- - ---- uff. Co. Tax Map: _ 1000 7s_ 5_ _ _ __z_o_z__ ]AND WATER° 24' BNow ROAD SUBMERSIBLE PUMP P' -L' -1 -L- WATERSECON° r PALE DON CLAYEY Dlelr c[ Sactl^n Block Lol BROWN FIHE RDunO ]4xD Y P"`,a°Y T RARE A BROWN .D TYPICAL PLOT PLAN Tr_PICAL SFWAGE DISPOSAL SYSTEM TYPICAL WELL DETAIL OF N COARSE EW L SXOL CLAYEY SAND ,( L. A .Me LE,]POOI MEEK ) \� F T a hQ �N �9 OP OCT 4, 1994 MAY �j MAY 24, 1994 APR 28,1994 S` i JN, 28,1994 6 3 DATE � JUNE 28,1993 2 dSae SCALE : 1 90 3_b .p LANDS doe No. :s9r oB SHEET NO. :1 OF 1 2 O - ------ - - 50175