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Q~ OZ '8~1 S {b S 6 o. w lee- . 6 6 hq~ I I \ O 3gdrd+ yo '6 SAM AA~ lEaaa+mzri7 'v ~ aa9 O b o 4r °'a Psi ~ III Fyn- \d 1 ~ P b bd O~ W O .C 4 b 15= LAJ \ ~ N O AJD o~ o \\l~~ 111 > o p ~l Q m a G \ ti ,r Hof ~So sQ in o va W CO o N i Z LL w O u at z O ~ I / \ / , % \ ~ J~i Q 0 i I~IA I ~ \ a it w _ JJ \ I ~ ~ \ s t ~ ~ ` , / \ ~ ~~V l \ / I Pti ~ I ~ ~ ~ W W OW C J 1 V z # f(1 Z a-~ ~T x < mW~ ~J ~ d ~V ~ a~ ~ W Lf) ti? ~ _ I~ ~ ~ ~ ~ ~ LLI 6~-~~ DOS i N o ~ r l~ \ ~ ~ \ _ \ ~ ~ ~ ~ ~ c0 0 u~ cs . / / Pv /J ~ . ~ / a ~ % WQQ V- < ~y O~S) X N F w Q NONt N[ i j N O s 0 0 I- <Z~ WQ(~ O - ~O Q~ f a N ~N\ % ~ ~ ~ ro6`\ V A A yvyLL >K/'WW IWOO~ o~ = W~ OQO O~ \ ~ \ O ` O U- 0 D O 0¦ o Q 0 Q O. 00 7 lld WO ° 0 i ~ i i l),<< Un \ ~ ii ~L i PLANNING BOARD MEMBEI OgOFF01/( BENNETT ORLOWSKI, JR. O~ - Town Hall, 53095 State Route 25 Chairman P.O. Box 1179 WILLIAM J. CREMERS CD < Southold, New York 11971-0959 KENNETH L. EDWARDS C4 2 Fax (631) 765-3136 GEORGE RITCHIE LATHAM, JR. O • .LAC Telephone (631) 765-1938 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 22, 2000 Ms. Pen Youmans Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Proposed Lot Line Change for Joseph Macari - Suffolk County Water Authority SCTM#1000-121-4-9.1 & 121-5-5.1 Dear Ms. Youman: The following resolution was adopted by the Southold Town Planning Board at a meeting held on August 21, 2000. BE IT RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated September 9, 1999. Conditional final approval was granted on September 13, 1999. All conditions have been fulfilled. Enclosed please find a copy of the map which was endorsed by the Chairman. Please contact this office if you have any further questions. Sincerely, Bennett Orlowski, Jr. Chairman Encl. cc: Tax Assessors PLANNING BOARD MEMBE6 ~OSIJFF0J C • Town Hall, 53095 Main Road BENNETT ORLOWSKI, JR. Gym P.O. Box 1179 Chairman Southold, New York 11971 WILLIAM DWAR S W Fax (516) 765-3136 KENNETH L L RITCHIE LATHAM EATHAM, JR. Telephone (516) 765-1938 GEORGE L. y O\. RICHARD G. WARD ~r PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 14, 1999 Rae Lapides Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Proposed lot line change for Joseph Macari - Suffolk County Water Authority - SCTM# 1000-121-4-9.1 & 121-5-5.1 Dear Ms. Lapides: The following took place at a meeting of the Southold Town Planning Board on Monday, September 13, 1999: The final public hearing, which was held at 7:30 p.m. was closed. The following resolution was adopted: WHEREAS, Joseph Macari is the owner of the property known and designated as SCTM# 1000-121-4-9.1, and Suffolk County Water Authority is the owner of the property known and designated as, SCTM# 1000-121-5-5.1, located on the south side of Sound Ave. in Mattituck; and WHEREAS, this proposed lot line change is to subtract 7.8 acres from a 63.57 acre parcel owned by Joseph Macari; and WHEREAS, the remaining acreage of the Macari parcel (55.77 acres) will be purchased by Suffolk County through the Safe Drinking Water Program; and WHEREAS, the 7.8 acre area will be merged with adjacent land owned by the Suffolk County Water Authority; and Page 2 Proposed lot line change for Joseph Macari - Suffolk County Water Authority September 14, 1999 WHEREAS, the Suffolk County Water Authority, in addition to obtaining the 7.8 acre area, will obtain a 4.0 acre easement area on the parcel to be purchased by Suffolk County, as shown on the Lot Line Change for Macari - Suffolk County Water Authority; and WHEREAS, the partnership with Suffolk County and Suffolk County Water Authority has been proposed in order to protect the aquifer; and WHEREAS, all parties involved have reached an agreement in principle in regard to the proposal; 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 August 16, 1999; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on September 13, 1999; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated September 9, 1999, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition. All conditions must be met within six (6) months of the date of this resolution: 1. New deeds reflecting the lot line change must be filed for each parcel. Copies of the recorded deeds must be submitted to this office. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. Chairman cc: Suffolk County Water Authority Suffolk County Department of Planning THIS FOR SUBDIVISION IS FOR L01 'S ON ACRES LOCATED ON IN SCTM-7 1000- R JDIVISION (NO ROAD) ~ -o U y Complete application received Va n b o N Application reviewed at work session ro~ ex a. ~ r. 2 n. -a o xa'i M Applicant advised of necessary revisions y Revised submission received E ox I 0K 00 F y a Sketch plan approval O d -with conditions A/A O N 7 Lead Agency Coordination - U ccazd. 7Ceve~v o M o SEQRA determination 8 i1, q Nc _ 00 N H = Sent to Fire Commissioner ° Receipt of fireweil location E Notification to applicant to include on final map ~ as o ? Sent to County Planning Commission INFO. OK a 3 Receipt of County Report L e« 0 l7. I n.`i ox 1 v ao y d y ~ ~ a Review of SC.DC report a ~ Q o v~ Draft Covenants and Restrictions received INFO. ox ° T Draft Covenants and Restrictions reviewed eK U c o c Filed Covenants and Restrictions received ro Y Y " ~ rA ° Y Receipt of mylars and paper prints with 0 3 Health approval . y Final Public Hearing 4 91 ~ I~ r ~ o .sa Approval of subdivision o ,D ° -with conditions 9 13 9T9 P u cZ iiu GrsC Luerii of Si.i `u ill Jia-ivri 0 APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 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.) 1 2. The name of the subdivision is to be L.Qf..Ls.NG...a.!u f Fare... /??ate..4~s.C.UJA 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: -y 4.9 ag I Liber .....1 !3 Page ......Q12 On 01 7 ~~0• ; Liber Page On Liber Page On Liber Page Liber Page On as devised under the Last Will and Testament of or as distributee 5. The area of the land is 8.t- acres. 6. All taxes which are liens on the land at the (late hereof have been paid except ..........P *-.09 ...0:7 a3.-..4.4...1. Q 7. The land is encumbered by N//9....................................... mortgage (s) as follows: (a) Mortgage recorded in Liber Page in original amount of $ unpaid amount $ held b address (b) Mortgage recorded in Liber Page in original amount of unpaid amount held b address (c) Mortgage recorded in Liber Page in original amount of unpaid amount held b address S. There are no other encumbrances or liens against the land except . l~Cl~eT.GjgssnaPavT Li gag(o.~..140C., ov" 2~Gte~f. E.~seme.~Tri. GCben t i. aP 4o~C~~pp~QQ 9. The land lies in the following zoning use districts .......l1.,',QV 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept ~'•r It. The applicant shall at his expense install all required public improvements. 12. The land (does) fdees F ) lie in arW^ater District or Water Supply District. Name of Dis- trict, if within a District, is VT1.of.K..C0.0.1PTY.... ".77g!~...A4LJ-t ,.4).1,tr~ 13. Water mains will be laid by N/A and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by i14l.0............................... • • • • • • • • . • • . • • . • • • • . • • and (a) (no) charge will be made for installing said lines. ,'//a 15. Gas mains will be installed by ' / . , . , , . and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streels in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. Ar 17. If streets shown on the plat are claimed by the applicant to be existing public stre is in the Town of Southold Highway system, annex Schedule "C" hereto to show same. NIA 18. There are no existing buildings or structures oil the land which are not located and shown on the plat. NSA 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the, end of the streets on said existing maps at their conjunctions with the proposed streetsA A 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 9-s 21. Submit a copy of proposed deed for s shoxvinm all restrictions, covenants, etc. Annex Schedule "D". got ~e-f AUA. 10Igi10_ 22. The applicant estimates that the cost of grading and required public improvements will be 0.... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at Q...... years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". r D c DATE VsT 19.5q .1 !R .C 167~~0~ (Nameelo_f.Applican-t ~~jr, By (Signature and tle) (Address) STATE OF NEW YORK. COUNTY OF . 511. -k I IS ss: On the Ai-'d.......... day of...AkL 1.1st 19.vj.., before me personally came & s:. , . ns?. i d e-,5 . • to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . ,.rr-'h/ executed the same. Notar Public ,6dle T. Wasnotslt~ MAwy Pubtlo State of Now York No. Ot WE5054466 CkmdMW in Suf (M C*urAV STATE OF NEW YORK, COUNTY OF ss: Co"Mosi n a0" al a 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 of the corporation described in and which executed the foregoing instrument; that knows the .eal of said corporation; that the seal affixed by order of the board of directors of said corporation. and that signed . . . . . . . . . . . . . . name thereto by like order. Notary Public Attachment to questionnaire for:.-the Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the ird day of u~ t 1911, before me personally cameRAe 4ApjeS to me known to be the individual described in and who executed the foregoing instrum and acknowledged that ,h- executed the same. "Urry Public A* T. Wesnofte OLalffiadP~~g~ 4468 York Cortr?Nssion Expires 8!t PL ~A;N'NING' O'APD 4 4:o i -G~ TO.R~Y O .HO SOU LD SGFFOLII.4q TY Southold. N.Y. 11971 (516) 765-1933 WIQUESTIONNAIRE TO BE COMPLETED AND TH YOUR APPLICATIONS F ~ SUII:IITTc .,D OIL IS 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 es, please indicate these on your guaranteed survey or submit other appropriate evidence: 1. Are there any wetland (Attached is a list-o"f therwasses o this rcel? etlandngrassesadefined Yes by the Town Code No T- own 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` ~ concerning there any other, applications pending 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 sa Yes No NIff I certify that.the above statements are true and will be relied on b the Plan ing B and -in considering this application. Amu. Signat e or property owner 15 - 0 authori cd agen - fla- eFn IA-16-4 (2187)-Text 12 PROJECT I.D. NUMBER 617.21 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) PROJ 1. APPLICANT /SPONSOR SO? 1 L.^-1JDVU.LST 2. m ` Of ECT NAME 3. PROJECT LOCATION: 1 ^ Municipality ou+ County 5u r to Ll(a 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc. or provide map) Al 5~ekD" ~ -1 ~ B6 Ek izKe~lo RC~. + 5. IS PROPOSED ACTION: ? New . ? Expansion Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Lot- L i n?e e h a.AAC,L _ A pp it . $ A.~ R es -Fo beM4D E ft P1// T 9,,o s-r Xk S fibs, o-' --fa. Q/LoeA4 7. AMOUNT OF LAND AprFFECTED: Initially - , . D acres Ultimately lik4 fn l acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes ? No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 0. ,fiesldentlal ? Industrial ? Commercial ? Agriculture ? Park/Forest/Open space ? Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ?Yes 32~No If yes, list agency(s) and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ? Yes )9410 If yes, list agency name and permitlapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ? Yes ? No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE ~ IS TRUE TO THE BEST OF MY KNOWLEDGE -1 Applicant/sponsor me: TGG.ON I G ?thIP S. 06 7]wA raz Date: J a _ Signature: If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II-ENVIRONMENTAL ASSES T (To be completed by Agency) A700E S ACTION FX ED ANY TYPE I THR OLD IN 6 NYCRR, PART 677.12? If yes, coordinate ne review process and use the FULL EAF. ?Yes No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 677.6? If No, a negative deularallon may be superseded by another involved agency. ? Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may s, nantlwritten, if legible Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: No C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neigh DOrhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: Ca. A community's existing plans or goals as officially adopted, or a change In use or intensity of use of land or other natural resources? Explain briefly Nj C5. Growth. subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not identified in CI.C5? Explain briefly. C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. D. IS THERE, OR is TTH///ERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ?Yes (lo It Yes, explain briefly PART III-DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or oring (c) duranifiicant. probab of Each effect should be assessed in connection with its (a) setting (ban or rus Ior(e)ference supporting materials. Ensure that irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments explanations contain sufficient detail to show that all relevant adverse impacts have been Identified and adequately addressed. ? Check this box if you have identified one or more potentially large or significant adverse impacts which MAY cCuL Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessa the reasons supporting this determination: le_,~,1, v, ~ \otL~fv l , IAJ \ spons,ble icer N Ld Ag Y *'Pa(ij r type Name espo i dicer m Agency Pr o s ns,ble o icer) S,g ,gnature o i er [ rom respo om b cer m ea Agency natur p 9 2 OWNER'S ENDORSE.INMNT STATE OF NEW YORK) Ss COUNTY OF SUFFOLK) Joseph Macari, being duly sworn, deposes and says: i am: (check one) a part owner in fee; or the sole owner in fee; or an officer of the corporation which is the owner in fee of the premises desctibed in the foregoing application. I reside at: M atutg Address a A-1 ' amievyost cV Village I have authorized the Peeonic Lead Trost, Incorporated to represent me with reEard to Laard Lake/Macari Parcel negatiatlous and appNcationa with Suffolk County, the Suffolk County Water Authority, and the Town of Southold. ire Date (If the owner is a corporation, please indicate the name of the corporation and the title of the corporation officer whose signature appears above.) Sworn before me this 3,*4 day of A us + , 14 `f " N°t blic Judie T. Wesnofske Notary DiWE5 State of Now York 054465 oudified in Suftol 81unty Commission Expires ELIZABETH A. NEMLE, TPWN CLERK RECEIPT 0 7 4 9 8 3 Town of Southold Southold, Phone: DATE 19 C/ 516-65-180071 RECEIVED1OO7R-4 )-~C~'~"-''~~ -c~$ FOR: -14'`~ w J ? CASH BY: M!5 I'econic Land Trust x-00 /'~eIiSSA.~ Pert, asked- m e -y~ 0,~oo ~/1e mail in 4o e s e n ~alft~s a ~ ~ cam % c~P(dJ~ yy /19 CA-~ y' bla? e A Cc R 296 Hampton Road, 11.0. Box 1776, 5outhampton, NY 11969 516-283-5195 r~ A1998PC747 C 2 7 +ECORD ED Number of pages L R~_D TORRENS ~r_ 1 l II 15 HM '49 ~C~1~L EO t A~'E EDWARD P. I'Qa(;±Ir4E Serial # N OV 0 4 1999 { C L 1. Ft OF :,U Certifcate# t FFOL k tr R TAX Prior Ctf. # THAN ~FE t.X ct Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 4 FEES Page / Filing Fee Mortgage Amt. Handling I. Basic Tax TP-584 2. Additional Tax Notation Sub Total _ EA-52 17 (County) Sub Total Spec./Assit. EA-5217 (State) Or _ Spec. /Add. R.P.T.S.A. ~YU ` TOT. MTG. TAX Comm. of Ed. 5 00 Ty Dual Town Dual County _ Held for Apportionment Affidavit Transfer Tax 0 (em o ) Certified Copy Mansion Tax The property covered by this mortgage Reg. Copy will be improved by a one or two Sub Total dwelling only. Other YES or NO GRAND TOTAL A0114-1- P If NO, see appropriate tax clause on I of this instrument. enoa m uFFoLK Real Property Tax Service Agency Verification 6 Community Preservation Fi W 45 Dist. Section B lock Lot Consideration Amount $J1"66 Stamp 100D Id-1.0 D 04.00 b(rj_ cX_ CPF Tax Due $ - daft e4 _tl9 _ / Improved Initials I Vacant Land I /,loin /S tit 7 Satisfactions/Discharges/Releases List Property Owners Mailing Add ess NOV 0 4 10,09 TD RECORD & RETURN TO: C 9~n~s(rro~-tG, n t TD ~r'17T o 'alLlnr wr:t~~ ~1 t.).ois-. lver~ ~nT2 Pfl~ • .~;;.;i TD - -P Y-- (0 C) o I :z rib 5L-00 R 100 \j Q;~'kc.ti's "-t 40t^BQ~- ETitle Title CompanyInformation e F'tbgu AIA7?mA,(, K3I X70 Suffolk Count Recording & Endorsement Page _ This page forms part of the attached D E- \ made (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. n TOO In the Township of p p L- (vc~l L In the VILLAGE or HAMLET of_m rT/TIJ C BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RFmRnt\lr, nn r T t M,n r •n A...I, DISTRICT SUFFOLK COUNTY 1000 BARGAIN AND SALE DEED WITH COVENANTS SECTION 121.00 771 THIS INDENTURE, made the c_Q`s day of DQ Tb 66 KZ, 1999 BLOCK 04.00 BETWEEN PECONIC LAND TRUST, INCORPORATED , a not-for-profit - New York corporation, having its principal offices at 296 LOT P/O Hampton Road, P.O. Box 1776, Southampton, New York 11968, party 009.001 of the first part AND the COUNTY OF SUFFOLK, a municipal corporation of the 7 State of New York, having its principal office at the Suffolk County Center, Center Drive, Riverhead, New York 11901, party of the second part, WITNESSETH, that the party of the first part, in consideration of ONE MILLION FORTY-FOUR THOUSAND and 00/100 ($1,044,000.00) DOLLARS and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL, that certain piece or parcel of land, situated in the Town of Southold, County of Suffolk, and State of New York,identified as Parcel I and Parcel II, more particularly bounded and described as follows: (see description annexed hereto and made a part hereof): THIS CONVEYANCE is made pursuant to Suffolk County Charter Article XII, Section 3 (entitled "Suffolk County Drinking Water Protection Program") as amended by Local Law No. 35 of 1988 which authorizes those portions of the premises which may later be determined by Resolution of the Suffolk County Legislature as being necessary for use for water supply production and distribution, including ancillary facilities required specifically for such production and distribution and all rights-of-way for ingress and egress to the water supply production and distribution facilities not to be dedicated to nature preserve purposes as set forth in Article I, Section 7 of the Suffolk County Charter. Once specified areas of the land for the purposes hereinbefore set forth have been determined by Resolution of the Suffolk County Legislature, those areas of the land may be used for all purposes not inconsistent with Article XII of the Suffolk County Charter as it now exists, or as it may be amended in the future. This conveyance is further made pursuant to Resolution Nos. 372-91, 677-96 and Resolution No. 920-93 of the Suffolk County Legislature. BEING AND INTENDED to be part of the same premises conveyed to JOSEPH T. MACARI and NISSIM ALHADEFF granting each an undivided one-half interest from Mets Homes, Inc., by deed dated 12/16/75 and recorded 12/22/75 in Liber 7962 cp 282; BEING AND INTENDED to be part of the same premises conveyed to JOSEPH T. MACARI by simultaneous deed dated May 10, 1999 from JOSEPH T. MACARI and NISSIM ALHADEFF, said deed intended to be recorded prior in time to this deed; BEING AND INTENDED to be part of the same premises conveyed to Peconic Land Trust by simultaneous closing deed dated October 25, 1d999, said deed intended to be recorded prior in time to this eed; 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 all the estate and rights of the party of the first part in and to said premises; TOGETHER with benefits and subject to the burdens of a right of way to and from Sound Avenue over a 20 foot right of way known as Laurel Lake Drive and a 25 foot right of way known as Laurel Way, and a 25 foot right of way known as Crescent Way. TOGETHER with benefits and subject to the burdens of a use easement dated October 25, 1999 granted in perpetuity to the Suffolk County Water Authority over Parcels lA and 1B being part of Parcel I and described in Schedule A, annexed hereto and made a part hereof, intended to be recorded prior in time to this deed; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. 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 encumbered in any way whatever, except as aforesaid. THIS CONVEYANCE is made in the regular course of business actually conducted by the party of the first part and upon the consent of its Board of Directors. 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 tthe he improvement and will apply the same first to the payment 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 WITNESS WHEREOF, the narr.r SS: STATE OF NEW YORK COUNTY OF SUFFOLK i, ED ARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) OFT F IE STATE OF NEW YORK IN DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED CO DEEDQ DEED AT PAGE 7`_ AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL AND AFFIXED T/HEO SEAL OF THEREOF. IJ~NTSET MY HAND A F, I HAVE DAY OF HERE IN TESTIMONY WHEREO 1999 COUNTY AND COURT THIS ° CLERK ,20,56&9503 me or proved to me on t e ba is of, satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by,his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. i Notary Public: State of New York ANDREA RIVE r VU it , State 01 N" VA yp~4788d970 l • pyr pUi~ YWk I FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A AMENDED 10/22/99 PARCEL I: (TO COUNTY OF SUFFOLK) ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue which marks the division line between lands now or formerly of Peconic Homes Corp. and the westerly boundary of lands described herein; RUNNING THENCE South 72 degrees 49 minutes 20 seconds East 22.40 feet to lands now or formerly of Edward J. Woessner and Genevieve Woessner; THENCE along said lands of Woessner the following three courses and distances: 1. South 10 degrees 22 minutes 00 seconds East 150.00 feet; 2. South 81 degrees 30 minutes 40 seconds East 120.00 feet; 3. North 10 degrees 22 minutes 00 seconds West 150.00 feet to the southerly side of Sound Avenue; THENCE along the southerly side of Sound Avenue: 1. South 81 degrees 30 minutes 40 seconds East 160.85 feet; 2. South 86 degrees 05 minutes 40 seconds East 203.36 feet; 3. North 75 degrees 24 minutes 20 seconds East 58.24 feet to lands now or formerly of Janet Jazombeck and others; THENCE along said lands of Janet Jazombek and others: 1. South 14 degrees 35 minutes 40 seconds East 200.00 feet; 2. North 75 degrees 24 minutes 20 seconds East 108.90 feet; 3. North 14 degrees 35 minutes 40 seconds West 200.00 feet to the southerly side - continued on next page - FIDLI.ITY NATIONAL 'I'117LE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) of Sound Avenue; THENCE along the southerly side of Sound Avenue: 1. North 75 degrees 24 minutes 20 seconds East 109.35 feet; 2. North 71 degrees 47 minutes 10 seconds East 53.08 feet to lands now or formerly of Genevive A. Woessner, Constance M. King and Barbara C. Boner; THENCE along said lands of Woessner, King and Boner: 1. South 19 degrees 38 minutes 00 seconds East 203.61 feet; 2. North 64 degrees 54 minutes 00 seconds East 117.92 feet to lands now or formerly of Peter Sabat, Cynthia M. Schneider and Mark P. Sabat; THENCE along said lands of Sabat, Schneider and Sabat: 1. South 21 degrees 52 minutes 00 seconds East 103.47 feet; 2. North 67 degrees 09 minutes 00 seconds East 252.29 feet to lands now or formerly of Barbara B. Sayre; THENCE along said lands now or formerly of Barbara B. Sayre: 1. South 26 degrees 57 minutes 20 seconds East 353.61 feet; 2. North 63 degrees 02 minutes 40 seconds East 200.00 feet to lands now or formerly of AABR Realty Facilities Holding Corp.; THENCE along said lands of AABR Realty Facilities Holding Corp.: 1. South 26 degrees 57 minutes 20 seconds East 84.08 feet; 2. South 24 degrees 01 minutes 50 seconds East 496.97 feet to lands now or formerly of Barbara Ann Kujawski and William W. Rusch; THENCE along said lands of Kujawski and Rustin South 20 degrees 53 minutes 50 seconds East 740.80 feet to lands now or formerly of Barbara Kujawski; THENCE along said lands now or formerly of Barbara Kujawski South 23 degrees 00 minutes 00 seconds East 115.50 feet; - continued on next page - - NA •a~NA~. '~''~'•JS 1NSV~<A NUIi c; OMI'ANY V1` NLW YVltli Title No. FNT9922707 SCHEDULE A (continued) THENCE still along said lands of Barbara Kujawski and later along said lands now or formerly of Marilyn and Walter Gatz South 01 degrees 15 minutes 00 seconds West 311 feet; THENCE through lands now or formerly of Macari: 1. Thence North 88 degrees 45 minutes 00 seconds West 50.00 feet; 2. Thence North 01 degrees 15 minutes 00 seconds East 300.26 feet; 3. Thence North 23 degrees 00 minutes 00 seconds West 105.68 feet; 4. Thence North 20 degrees 53 minutes 50 seconds West 740.35 feet; 5. Thence North 24 degrees 01 minutes 50 seconds West 494.33 feet; 6. Thence North 26 degrees 57 minutes 20 seconds West 32.80 feet; 7. Thence South 63 degrees 02 minutes 40 seconds West 217.48 feet; 8. Thence South 20 degrees 08 minutes 09 seconds East 682.86 feet; 9. Thence North 70 degrees 23 minutes 40 seconds East 205.87 feet; 10. Thence South 20 degrees 53 minutes 50 seconds East 557.08 feet; 11. Thence South 23 degrees 00 minutes 00 seconds East 95.85 feet; 12. Thence South 01 degrees 15 minutes 00 seconds West 193.31 feet; 13. Thence South 28 degrees 38 minutes 00 seconds West 147.91 feet; 14. Thence still southerly along an arc of curve which bears to the left having a radius of 200.00 feet an arc of 101.27 feet; 15. Thence South 00 degrees 22 minutes 40 seconds East 236.57 feet; 16. Thence Southwesterly along an arc of curve which bears to the right having a radius of 61.23 feet and an arc of 97.46 feet; 17. Thence North 89 degrees 10 minutes 20 seconds West 130.51 feet to lands now or fomerly of Anschutz; - continued on next page - , , rrr•.~•: ~NPi ll lcA Nt'L•: C;UMYANI' U3. NU Y DU Title No. FNT9922707 SCHEDULE A (continued) THENCE North 64 degrees 41 minutes 20 seconds West 55.28 feet to land now or formerly of Thomas Gorman; THENCE North 35 degrees 33 minutes 20 seconds West 55.13 feet to lands now or formerly of Namrog Holding Corp.; THENCE along said lands North 13 degrees 54 minutes 20 seconds West 72.03 feet to lands now or formerly of Donald Shapiro; THENCE North 00 degrees 25 minutes 10 seconds East along said lands now or formerly of Shapiro 101.67 feet to lands now or formerly of Bradley J. Belz and Janet B. Belz; THENCE along said lands now or formerly of Bradley J. Belz and Janet B. Belz: 1. North 04 degrees 58 minutes 20 seconds East 78.09 feet; 1. Along an arc of curve which bears to the left having a radius of 165.75 feet an are of 159.72 feet to lands now or formerly of Marion E. Smith Family Trust; THENCE along said lands now or formerly of Marion E. Smith Family Trust: 1. North 50 degrees 14 minutes 20 seconds West 72.00 feet; 2. North 57 degrees 53 minutes 20 seconds West 65.00 feet to lands now or formerly of Donald Rosen; THENCE North 65 degrees 53 minutes 20 seconds West along said lands 210.00 feet to lands now or formerly of Marjorie Schalkham; THENCE North 57 degrees 08 minutes 50 seconds West along said lands 166.00 feet to land now or formerly of Joseph and Patricia Maida; THENCE along said lands now or formerly of Maida North 60 degrees 08 minutes 50 seconds West 60.00 feet to lands now or formerly of Steven Brautigam; THENCE along said lands now or formerly of Steven Brautigam: 1. North 79 degrees 27 minutes 10 seconds West 90.00 feet; 2. South 88 degrees 34 minutes 30 seconds West 100.00 feet to lands now or formerly of Stanley Weisz P.C. Retirement Plan; - continued on next page - a<>N..y 777: ac aNSVxnNCi: G'OMPANY 0F NEW YORK Title No. FNT9922707 SCHEDULE A (continued) THENCE along said lands now or formerly of Stanley Weisz P.C. Retirement Plan: 1. South 16 degrees 13 minutes 10 seconds East 23.00 feet; 2. South 73 degrees 46 minutes 50 seconds West 75.00 feet; 3. North 16 degrees 13 minutes 10 seconds West 43.34 feet; THENCE North 41 degrees 23 minutes 40 seconds East 455.22 feet; THENCE South 70 degrees 23 minutes 40 seconds West 826.27 feet to the westerly side of lands now or formerly of Peconic Homes Corp.; THENCE Northerly along the easterly side of lands now or formerly of Peconic Homes Corp.; 1. North 09 degrees 09 minutes 40 seconds East 50.00 feet; 2. North 13 degrees 02 minutes 20 seconds West 285.00 feet; 3. North 30 degrees 04 minutes 00 seconds West 61.00 feet; 4. North 22 degrees 04 minutes 00 seconds West 232.49 feet; 5. North 14 degrees 59 minutes 00 seconds West 265.00 feet; 6. North 10 degrees 20 minutes 30 seconds West 741.14 feet to the southerly side of Sound Avenue, the point or place of BEGINNING. TOGETHER with benefits and subject to the burdens of a right of way to and from Sound Avenue over a 20 foot right of way known as Laurel Lake Drive and a 25 foot right of way known as Laurel Way, and a 25 foot right of way known as Crescent Way. EXCEPTING therefrom the following 2 parcels: EXCEPTED PARCEL #1 OF 2 FROM PREMISES CONVEYED TO COUNTY OF SUFFOLK: BEING the lands now or formerly of The Joan Ryan Family Trust: BEGINNING at the northeast corner of a 25 foot right of way known as Crescent - continued on next page - • ` .<„rxc -ri'..-i-~NSVi«aN i? CUMYANY OF NSW YOltis Title No. FNT9922707 SCHEDULE A (continued) Way and the southerly line of a 25 foot right of way known as Laurel Way; RUNNING THENCE northeasterly on a curve which bears to the right having a radius of 9.65 feet a distance of 22.42 feet; THENCE along Laurel Way along an arc of a curve to the left having a radius of 112.0 feet a distance of 149.23 feet; THENCE still along Laurel Way North 61 degrees 45 minutes 40 seconds East 76.00 feet; THENCE Southeasterly along an arc of a curve which bears to the right having a radius of 8.54 feet a distance of 17.57 feet; THENCE South 00 degrees 22 minutes 40 seconds East 267.33 feet to the northerly side of Crescent Way; THENCE Southwesterly along an arc of a curve which bears to the right having a radius of 36.23 feet a distance of 57.67 feet; THENCE along the northerly and easterly side of Crescent Way: 1. North 89 degrees 10 minutes 20 seconds West 125.09 feet; 2. North 64 degrees 41 minutes 20 seconds West 43.36 feet; 3. North 35 degrees 33 minutes 20 seconds West 43.85 feet; 4. North 13 degrees 54 minutes 20 seconds West 64.11 feet; 5. North 00 degrees 25 minutes 10 seconds East 97.53 feet; 6. North 04 degrees 58 minutes 20 seconds East 78.07 feet to the point or place of BEGINNING. EXCEPTED PARCEL #2 OF 2 BEING THE LANDS NOW OR FORMERLY OF JUDITH A. GRECO: BEGINNING at a monument set at a point of deflection in a 25 foot right of way known as Laurel Way which said monument marks the southeast corner of said lands now or formerly of Judith A. Greco; RUNNING THENCE Northwesterly along said lands and along an arc of curve continued on next page - Title No. FNT9922707 SCHEDULE A (continued) which bears to the left having a radius of 292.52 feet and an arc of 112.32 feet; THENCE 1. North 50 degrees 14 minutes 20 seconds West 73.67 feet; 2. North 57 degrees 53 minutes 20 seconds West 68.42 feet; 3. North 65'degrees 53 minutes 20 seconds West 186.48 feet; 4. North 24 degrees 06 minutes 40 seconds East 9.74 feet; 5. South 81 degrees 23 minutes 10 seconds East 375.33 feet; 6. South 05 degrees 39 minutes 10 seconds West 199.78 feet to the monument, the point or place of BEGINNING. PARCEL 11: TO COUNTY OF SUFFOLK ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southerly side of Crescent Way described in Parcel I herein at the division line between lands to be conveyed to Suffolk County Water Authority and premises described herein and; RUNNING THENCE South 30 degrees 19 minutes 40 seconds West along the division line between lands conveyed to Suffolk County Water Authority and premises described herein 236.95 feet to the waters of Laurel Lake; THENCE North 75 degrees 43 minutes 00 seconds West 26.01 feet along Laurel Lake to lands now or formerly of Michael Ryan; THENCE North 30 degrees 19 minutes 40 seconds East along said lands now or formerly of Michael Ryan 230.00 feet to the southerly line of Crescent Way and Parcel I herein; THENCE North 89 degrees 10 minutes 20 seconds West along the southerly side of Crescent Way 28.72 feet to the westerly side of lands to be conveyed to the Suffolk County Water Authority, the point or place of BEGINNING. (1000-121.00-04.00-part of 009.001) - continued on next page - FIDEI.TTY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) PART OF PARCEL I TO BE CONVEYED TO SUFFOLK COUNTY WATER AUTHORITY FOR USE EASEMENT AREA: BEGINNING at a point which marks the southeast corner of premises described herein which is located the following courses and distances from a point on the northerly side of Laurel Lake which marks the division line between lands now or formerly of NOFO Associates and the easterly line of lands now or formerly of Macari, described herein; RUNNING THENCE along the northerly side of Laurel Lake: 1. North 32 degrees 27 minutes 10 seconds West 94.40 feet; continued on next page - Title No. FNT9922707 SCHEDULE A (continued) 2. North 75 degrees 43 minutes 00 seconds West 31.04 feet; THENCE North 30 degrees 19 minutes 40 seconds East 236.95 feet; THENCE South 89 degrees 10 minutes 20 seconds East 1.79 feet; THENCE Northerly along an arc of curve which bears to the left having a radius of 61.23 feet a distance of 97.46 feet; THENCE North 00 degrees 22 minutes 40 seconds West 236.57 feet; THENCE Northeasterly along an arc of curve which bears to the right having a radius of 200.00 feet a distance of 101.27 feet; THENCE North 28 degrees 38 minutes 00 seconds East 147.91 feet; THENCE North 01 degrees 15 minutes 00 seconds East 193.31 feet; THENCE North 23 degrees 00 minutes 00 seconds West 95.85 feet; THENCE North 20 degrees 53 minutes 50 seconds West 557.08 feet; THENCE South 70 degrees 23 minutes 40 seconds West 205.87 feet to the true point or place of beginning, and from said point or place of beginning; RUNNING THENCE North 20 degrees 08 minutes 09 seconds West 682.86 feet; THENCE South 63 degrees 02 minutes 40 seconds West 263.46 feet; THENCE South 20 degrees 08 minutes 09 seconds East 649.16 feet; THENCE North 70 degrees 23 minutes 40 seconds East 261.61 feet to the true point or place of BEGINNING. (1000-121.00-04.00-part of 009.001). PARCEL 1-B ADDITIONAL EASEMENT FOR THE BENEFIT OF SUFFOLK COUNTY WATER AUTHORITY OVER LANDS OF COUNTY OF SUFFOLK ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituk, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: - continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW ~RK Title No. FNT9922707 SCHEDULE A (continued) BEGINNING at a point on the easterly side of Laurel Lake Drive which marks the southeast corner of lands now or formerly of Barbara B. Sayre and the northeast corner of easement herein described; RUNNING THENCE South 18 degrees 02 minutes 40 seconds West across Laurel Lake Drive 70.71 feet to the northeast corner of lands to be conveyed to Suffolk County Water Authority; THENCE South 63 degrees 02 minutes 40 seconds West 35.36 feet along said lands to be conveyed to Suffolk County Water Authority; THENCE North 18 degrees 02 minutes 40 seconds East across lands to be conveyed to County of Suffolk 70.71 feet to the southerly line of lands now or formerly of Barbara B. Sayre; THENCE North 63 degrees 02 minutes 40 seconds East along the southerly line of lands now or formerly of Barbara B. Sayre 35.36 feet to the point or place of BEGINNING. The policy to be issued under this report will insure the title to such buildings and FOR improvements erected on the premises which by law constitute real property. CONVEYANCING ONLY TOGETHER with all the right. title and interest of the party of the first part. of, in and to the land lying in the street in front of and adjoining said premises. r- v d BARGAIN AND SALE DEED DISTRICT 1000 WITH COVENANT AGAINST SECTION 121.00 GRANTOR'S ACT BLOCK 04.00 TITLE NO. 9922707 LOT 009.001 . ' COUNTY OF SUFFOLK PECONIC LAND TRUST, INCORPORATED TO COUNTY OF SUFFOLK RECORD & RETURN TO BOB ZAHER Division of Real Estate Department of Planning H. Lee Dennison Bldg., 2" Floor P.O. Box 6100 Hauppauge, New York 11788 rI L 2 IJ 11998PC745 IiC t11,DEU Ndmber of~pages I• TORRENS t Ea3 13 Aii r99 Serial # 04419 Ivw~ HwMiJ P. iw"",11NE Certificate9 SUFF C I- UL1~ ?<in r -TV Prior Ctf. # Deed / Mortgage Instrument eed / Mortgage Tax Stamp Recording/ Filing Stamps 4 FEES it Page / Filing Fee S Mortgage Amt. _ Handling 1. Basic Tax TP-584 2. Additional Tax Notation Sub Total EA-52 17 (County) Sub Total Spec./Assit. EA-5217 (State) Spec. . /Add. R.P.T.S.A. 17; AyCcSV~YLa~ TOT. MTG. TAX _ Dual Town Dual County Comm. of Ed. 5 QQ_ a Held for Apportionment Affidavit Transfer Tax ho,ho Mansion Tax / The property covered by this mortgage is or Reg. Copy / will be improved by a one or two family Sub Total J'~ J dwelling only. Other YES orNO GRAND TOTAL ,~(J If NO, see appropriate tax clause on page # of this instrument. 5 n Real Property Tax Service Agency Verification 6 Community Preservation Fund Dist. Section . B lock Lot Consideration Amount $ i 0 4 no . auFFOLK cowm OD O 12 fl D 01k. DO Duey, bbl CPF Tax. Due. S ^ O Y late mproved Iniua s acant Land 7 Satisfactions/Discharges/Releases List Property Owners Mailing Addrdss D RECORD & RETURN TO: { rtC, , .F 1999 WNlb 'Tax(ST 1 C. 1! D QCONrC, D b t R +kp`~ r 12o .Q+ ?ins cQ v Fve~~ 8 Title Company Information Co. Name rn VQ "I I Alwnniht, 7/rb /a1 CA "6t Title # PNT 110) Suffolk Count Recording & Endorsement Page This page fortis part of the attached Dee-l) made by: (SPECIFY TYPE OF INSTRUMENT) s e Q h T M tkC A-kA The premises herein is situated in SUFFOLK COUNTY, NEW YORK. ' ^ _T`O In the Township of ~ V Q_7 O V-1) YE-Q-0011 ,D n1 In the VILLAGE /NCnReQRATS'~O or HAMLET of T-U BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) p~se~is;pFS?aww.rwra+~,ai.111.40, ' - DISTRICT SUFFOLK COUNTY 1000 BARGAIN AND SALE DEED WITH COVENANTS SECTION 121.00 THIS INDENTURE, made the day of 1999 BLOCK 04.00 BETWEEN JOSEPH T. MACARI, residing at 95-40 Roosevelt Avenue, Jackson Heights, New York 11372, party of the first part LOT 009.001 AND PECONIC LAND TRUST INCORPORATED, a not-for-profit New York corporation, having its principal offices at 296 Hampton Road, P.O. Box 1776, Southampton, New York 11968, party of the second part, WITNESSETH, that the party' of ',the_ -first part, in consideration of ONE MILLION "FORTY-FOUR `THOSAND 00/100 ($1,044,000.00) DOLLARS and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL, that certain piece or parcel of land, situated in the Town of Southold, County of Suffolk, and State of New York, identified as Parcels I, II, and III more particularly bounded and described as follows: (see description annexed hereto and made a part hereof): THIS CONVEYANCE is made pursuant to Suffolk County Charter Article XII, Section 3 (entitled "Suffolk County Drinking water Protection Program") as amended by Local Law No. 35 of 1988 which authorizes those portions of the premises which may later be determined by Resolution of the Suffolk County Legislature as being necessary for use for water supply production and distribution, including ancillary facilities required specifically for such production and distribution and all rights-of-way for ingress and egress to the water supply production and distribution facilities not to be dedicated to nature preserve purposes as set forth in Article I, Section 7 of the Suffolk County Charter. Once specified areas of the land for the purposes hereinbefore set forth have been determined by Resolution of the Suffolk County Legislature, those areas of the land may be used for all purposes not inconsistent with Article XII of the Suffolk County Charter as it now exists, or as it may be amended in the future. This conveyance is further made pursuant to Resolution Nos. 372-91, 677-96, and Resolution No.920-93 of the Suffolk County Legislature. BEING AND INTENDED to be the same premises conveyed to JOSEPH T. MACARI AND NISSIM ALHADEFF granting each an undivided one-half interest from Mets Homes, Inc.,by deed dated 12/16/75 and recorded 12/22/75 in Liber 7962 cp 282; BEING AND INTENDED to be the same premises conveyed to Grantor by simultaneous deed dated May 10, 1999 from JOSEPH T. MACARI and NISSIM ALHADEFF TO JOSEPH T. MACARI, said deed intended to be recorded prior in time to this deed; 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 all the estate and rights of the party of the first part in and to said premises; TOGETHER with benefits and subject to the burdens of a. right of way to and from Sound Avenue over a 20 foot right of way known as Laurel Lake Drive and a 25 foot right of way known as Laurel Way, and a 25 foot right of way known as Crescent Way. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. 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 encumbered 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 atrust fund of othe applied first for the purpose of paying the cost improvement and will apply the same first to t:he 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 WTTNF..CC taul%DLr%V r1- ^^"`.-r t- . STATE OF NEW YORK SS: COUNTY OF SUFFOLK I, WARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CL OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COl ' DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED f DEED 1 193 K AT PAGE ?`f RECORDED / AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGIN TESTIMONY WHEREOF, I HAVE HEREUNTQ SF" UNTY AND COURT THIS DAY OF in the Xear 19b~~ef,gre ,cfsonally appeared ?05E~~/ ~vrt~w , --to me or proved to me on the basis of to evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public: State of New York ANDREA RIVE Notary Public, State of New York No. 01R14768970 Oueltfled In Suffolk County Commission Ezplnee Nov. 30, 0! BARGAIN AND SALE DEED DISTRICT 1000 WITH COVENANT AGAINST SECTION 121.00 GRANTOR'S ACT BLOCK 04.00 TITLE NO. FNT9922707 LOT 009.001 COUNTY OF SUFFOLK JOSEPH T. MACARI TO PECONIC LAND TRUST, INCORPORATED mrMw~,, r. p ,:.,db'4Nr Y, . Fr ir.a,w u±AN+r~ 11 • FIDELITY NATIONAL TITLE INSURANCE COMPANY 01, NEW YO1tIC Title No. FNT9922707 SCHEDULE A AMENDED 10122/99 PARCEL I: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue which marks the division line between lands now or formerly of Peconic Homes Corp. and the westerly boundary of lands described herein; RUNNING THENCE South 72 degrees 49 minutes 20 seconds East 22.40 feet to lands now or formerly of Edward J. Woessner and Genevieve Woessner; THENCE along said lands of Woessner the following three courses and distances: 1. South 10 degrees 22 minutes 00 seconds East 150.00 feet; 2. South 81 degrees 30 minutes 40 seconds East 120.00 feet; 3. North 10 degrees 22 minutes 00 seconds West 150.00 feet to the southerly side of Sound Avenue; THENCE along the southerly side of Sound Avenue: 1. South 81 degrees 30 minutes 40 seconds East 160.85 feet; 2. South 86 degrees 05 minutes 40 seconds East 203.36 feet; 3. North 75 degrees 24 minutes 20 seconds East 58.24 feet to lands now or formerly of Janet Jazombeck and others; THENCE along said lands of Janet Jazombek and others: 1. South 14 degrees 35 minutes 40 seconds East 200.00 feet; 2. North 7S degrees 24 minutes 20 seconds East 108.90 feet; 3. North 14 degrees 35 minutes 40 seconds West 200.00 feet to the southerly side continued on next page - FIDELITY NATIONAL'TI'I'LE INSUItANCE COMPANY OF NEH, YORIc Title No. FNT9922707 S C H E D U L E A (continued) of Sound Avenue; THENCE along the southerly side of Sound Avenue: ii 1. North 75 degrees 24 minutes 20 seconds East 109.35 feet; 2. North 71 degrees 47 minutes 10 seconds East 53.08 feet to lands now or formerly of Genevive A. Woessner, Constance M. King and Barbara C. Boner; THENCE along said lands of Woessner, King and Boner: 1. South 19 degrees 38 minutes 00 seconds East 203.61 feet; 2. North 64 degrees 54 minutes 00 seconds East 117.92 feet to lands now or formerly of Peter Sabat, Cynthia M. Schneider and Mark P. Sabat; THENCE along said lands of Sabat, Schneider and Sabat: 1. South 21 degrees 52 minutes 00 seconds East 103.47 feet; 2. North 67 degrees 09 minutes 00 seconds East 252.29 feet to lands now or formerly of Barbara B. Sayre; THENCE along said lands now or formerly of Barbara B. Sayre: 1. South 26 degrees 57 minutes 20 seconds East 353.61 feet; 2. North 63 degrees 02 minutes 40 seconds East 200.00 feet to lands now or formerly of AABR Realty Facilities Holding Corp.; THENCE along said lands of AABR Realty Facilities Holding Corp.: 1. South 26 degrees 57 minutes 20 seconds East 84.08 feet; 2. South 24 degrees 01 minutes 50 seconds East 496.97 feet to lands now or formerly of Barbara Ann Kujawski and William W. Rusch; THENCE along said lands of Kujawski and Rustin South 20 degrees 53 minutes 50 seconds East 740.80 feet to lands now or formerly of Barbara Kujawski; THENCE along said lands now or formerly of Barbara Kujawski South 23 degrees 00 minutes 00 seconds East 115.50 feet; - continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW yORK Title No. FNT9922707 SCHEDULE A (continued) THENCE still along said lands of Barbara Kujawski and later along said lands now or formerly of Marilyn and Walter Gatz South 01 degrees 15 minutes 00 seconds West 311 feet; THENCE through lands now or formerly of Macari: 1. Thence North 88 degrees 45 minutes 00 seconds West 50.00 feet; 2. Thence North 01 degrees 15 minutes 00 seconds East 300.26 feet; 3. Thence North 23 degrees 00 minutes 00 seconds West 105.68 feet; 4. Thence North 20 degrees 53 minutes 50 seconds West 740.35 feet; 5. Thence North 24 degrees 01 minutes 50 seconds West 494.33 feet; 6. Thence North 26 degrees 57 minutes 20 seconds West 32.80 feet; 7. Thence South 63 degrees 02 minutes 40 seconds West 217.48 feet; 8. Thence South 20 degrees 08 minutes 09 seconds East 682.86 feet; 9. Thence North 70 degrees 23 minutes 40 seconds East 205.87 feet; 10. Thence South 20 degrees 53 minutes 50 seconds East 557.08 feet; 11. Thence South 23 degrees 00 minutes 00 seconds East 95.85 feet; 12. Thence South 01 degrees 15 minutes 00 seconds West 193.31 feet; 13. Thence South 28 degrees 38 minutes 00 seconds West 147.91 feet; 14. Thence still southerly along an arc of curve which bears to the left having a radius of 200.00 feet an arc of 101.27 feet; 15. Thence South 00 degrees 22 minutes 40 seconds East 236.57 feet; 16. Thence Southwesterly along an arc of curve which bears to the right having a radius of 61.23 feet and an arc of 97.46 feet; 17. Thence North 89 degrees 10 minutes 20 seconds West 130.51 feet to lands now or fomerly of Anschutz; - continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) of Sound Avenue; THENCE along the southerly side of Sound Avenue: 1. North 75 degrees 24 minutes 20 seconds East 109.35 feet; 2. North 71 degrees 47 minutes 10 seconds East 53.08 feet to lands now or formerly of Genevive A. Woessner, Constance M. King and Barbara C. Boner; THENCE along said lands of Woessner, King and Boner: 1. South 19 degrees 38 minutes 00 seconds East 203.61 feet; 2. North 64 degrees 54 minutes 00 seconds East 117.92 feet to lands now or formerly of Peter Sabat, Cynthia M. Schneider and Mark P. Sabat; THENCE along said lands of Sabat, Schneider and Sabat: 1. South 21 degrees 52 minutes 00 seconds East 103.47 feet; 2. North 67 degrees 09 minutes 00 seconds East 252.29 feet to lands now or formerly of Barbara B. Sayre; THENCE along said lands now or formerly of Barbara B. Sayre: 1. South 26 degrees 57 minutes 20 seconds East 353.61 feet; 2. North 63 degrees 02 minutes 40 seconds East 200.00 feet to lands now or formerly of AABR Realty Facilities Holding Corp.; THENCE along said lands of AABR Realty Facilities Holding Corp.: 1. South 26 degrees 57 minutes 20 seconds East 84.08 feet; 2. South 24 degrees 01 minutes 50 seconds East 496.97 feet to lands now or formerly of Barbara Ann Kujawski and William W. Rusch; THENCE along said lands of Kujawski and Rustin South 20 degrees S3 minutes 50 seconds East 740.80 feet to lands now or formerly of Barbara Kujawski; THENCE along said lands now or formerly of Barbara Kujawski South 23 degrees 00 minutes 00 seconds East 115.50 feet; - continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) THENCE still along said lands of Barbara Kujawski and later along said lands now or formerly of Marilyn and Walter Gatz South 01 degrees 15 minutes 00 seconds West 311 feet; THENCE through lands now or formerly of Macari: I~ 1. Thence North 88 degrees 45 minutes 00 seconds West 50.00 feet; 2. Thence North 01 degrees 15 minutes 00 seconds East 300.26 feet; 3. Thence North 23 degrees 00 minutes 00 seconds West 105.68 feet; 4. Thence North 20 degrees 53 minutes 50 seconds West 740.35 feet; 5. Thence North 24 degrees 01 minutes 50 seconds West 494.33 feet; 6. Thence North 26 degrees 57 minutes 20 seconds West 32.80 feet; 7. Thence South 63 degrees 02 minutes 40 seconds West 217.48 feet; 8. Thence South 20 degrees 08 minutes 09 seconds East 682.86 feet; 9. Thence North 70 degrees 23 minutes 40 seconds East 205.87 feet; 10. Thence South 20 degrees 53 minutes 50 seconds East 557.08 feet; 11. Thence South 23 degrees 00 minutes 00 seconds East 95.85 feet; 12. Thence South 01 degrees 15 minutes 00 seconds West 193.31 feet; 13. Thence South 28 degrees 38 minutes 00 seconds West 147.91 feet; 14. Thence still southerly along an arc of curve which bears to the left having a radius of 200.00 feet an arc of 101.27 feet; 15. Thence South 00 degrees 22 minutes 40 seconds East 236.57 feet; 16. Thence Southwesterly along an arc of curve which bears to the right having a radius of 61.23 feet and an arc of 97.46 feet; 17. Thence North 89 degrees 10 minutes 20 seconds West 130.51 feet to lands now or fomerly of Anschutz; - continued on next page - l ' FIDELITY NA77ONAL'I'I'I'Lli INSUIZANC1% COMPANY OF NI?W YOItK Title No. FNT9922707 SCHEDULE A (continued) THENCE North 64 degrees 41 minutes 20 seconds West 55.28 feet to land now or formerly of Thomas Gorman; THENCE North 35 degrees 33 minutes 20 seconds West 55.13 feet to lands now or formerly of Namrog Holding Corp.; THENCE along said lands North 13 degrees 54 minutes 20 seconds West 72.03 feet to lands now or formerly of Donald Shapiro; THENCE North 00 degrees 25 minutes 10 seconds East along said lands now or formerly of Shapiro 101.67 feet to lands now or formerly of Bradley J. Belz and Janet B. Belz; THENCE along said lands now or formerly of Bradley J. Belz and Janet B. Belz: 1. North 04 degrees 58 minutes 20 seconds East 78.09 feet; 1. Along an arc of curve which bears to the left having a radius of 165.75 feet an arc of 159.72 feet to lands now or formerly of Marion E. Smith Family Trust; THENCE along said lands now or formerly of Marion E. Smith Family Trust: 1. North 50 degrees 14 minutes 20 seconds West 72.00 feet; 2. North 57 degrees 53 minutes 20 seconds West 65.00 feet to lands now or formerly of Donald Rosen; THENCE North 65 degrees 53 minutes 20 seconds West along said lands 210.00 feet to lands now or formerly of Marjorie Schalkham; THENCE North 57 degrees 08 minutes 50 seconds West along said lands 166.00 feet to land now or formerly of Joseph and Patricia Maida; THENCE along said lands now or formerly of Maida North 60 degrees 08 minutes 50 seconds West 60.00 feet to lands now or formerly of Steven Brautigam; THENCE along said lands now or formerly of Steven Brautigam: 1. North 79 degrees 27 minutes 10 seconds West 90.00 feet; 2. South 88 degrees 34 minutes 30 seconds West 100.00 feet to lands now or formerly of Stanley Weisz P.C. Retirement Plan; - continued on next page - AL~ FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) THENCE along said lands now or formerly of Stanley Weisz P.C. Retirement Plan: 1. South 16 degrees 13 minutes 10 seconds East 23.00 feet; 2. South 73 degrees 46 minutes 50 seconds West 75.00 feet; 3. North 16 degrees 13 minutes 10 seconds West 43.34 feet; THENCE North 41 degrees 23 minutes 40 seconds East 455.22 feet; THENCE South 70 degrees 23 minutes 40 seconds West 826.27 feet to the westerly side of lands now or formerly of Peconic Homes Corp.; THENCE Northerly along the easterly side of lands now or formerly of Peconic Homes Corp.; 1. North 09 degrees 09 minutes 40 seconds East 50.00 feet; 2. North 13 degrees 02 minutes 20 seconds West 285.00 feet; 3. North 30 degrees 04 minutes 00 seconds West 61.00 feet; 4. North 22 degrees 04 minutes 00 seconds West 232.49 feet; 5. North 14 degrees 59 minutes 00 seconds West 265.00 feet; 6. North 10 degrees 20 minutes 30 seconds West 741.14 feet to the southerly side of Sound Avenue, the point or place of BEGINNING. TOGETHER with benefits and subject to the burdens of a right of way to and from Sound Avenue over a 20 foot right of way known as Laurel Lake Drive and a 25 foot right of way known as Laurel Way, and a 25 foot right of way known as Crescent Way. EXCEPTING therefrom the following 2 parcels: EXCEPTED PARCEL N1 OF 2 FROM PREMISES BEING the lands now or formerly of The Joan Ryan Family Trust: BEGINNING at the northeast corner of a 25 foot right of way known as Crescent - continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) Way and the southerly line of a 25 foot right of way known as Laurel Way; RUNNING THENCE northeasterly on a curve which bears to the right having a radius of 9.65 feet a distance of 22.42 feet; THENCE along Laurel Way along an arc of a curve to the left having a radius of 112.0 feet a distance of 149.23 feet; THENCE still along Laurel Way North 61 degrees 45 minutes 40 seconds East 76.00 feet; THENCE Southeasterly along an arc of a curve which bears to the right having a radius of 8.54 feet a distance of 17.57 feet; THENCE South 00 degrees 22 minutes 40 seconds East 267.33 feet to the northerly side of Crescent Way; THENCE Southwesterly along an arc of a curve which bears to the right having a radius of 36.23 feet a distance of 57.67 feet; THENCE along the northerly and easterly side of Crescent Way: 1. North 89 degrees 10 minutes 20 seconds West 125.09 feet; 2. North 64 degrees 41 minutes 20 seconds West 43.36 feet; 3. North 35 degrees 33 minutes 20 seconds West 43.85 feet; 4. North 13 degrees 54 minutes 20 seconds West 64.11 feet; 5. North 00 degrees 25 minutes 10 seconds East 97.53 feet; 6. North 04 degrees 58 minutes 20 seconds East 78.07 feet to the point or place of BEGINNING. EXCEPTED PARCEL N2 OF 2 BEING THE LANDS NOW OR FORMERLY OF JUDITH A. GRECO: BEGINNING at a monument set at a point of deflection in a 25 foot right of way known as Laurel Way which said monument marks the southeast corner of said lands now or formerly of Judith A. Greco; RUNNING THENCE Northwesterly along said lands and along an arc of curve - continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) which bears to the left having a radius of 292.52 feet and an arc of 112.32 feet; THENCE 1. North 50 degrees 14 minutes 20 seconds West 73.67 feet; 2. North 57 degrees 53 minutes 20 seconds West 68.42 feet; 3. North 65 degrees 53 minutes 20 seconds West 186.48 feet; 4. North 24 degrees 06 minutes 40 seconds East 9.74 feet; 5. South 81 degrees 23 minutes 10 seconds East 375.33 feet; 6. South 05 degrees 39 minutes 10 seconds West 199.78 feet to the monument, the point or place of BEGINNING. PARCEL II: ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southerly side of Crescent Way described in Parcel I herein at the division line between lands to be conveyed to Suffolk County Water Authority and premises described herein and; RUNNING THENCE South 30 degrees 19 minutes 40 seconds West along the division line between lands conveyed to Suffolk County Water Authority and premises described herein 236.95 feet to the waters of Laurel Lake; THENCE North 75 degrees 43 minutes 00 seconds West 26.01 feet along Laurel Lake to lands now or formerly of Michael Ryan; THENCE North 30 degrees 19 minutes 40 seconds East along said lands now or formerly of Michael Ryan 230.00 feet to the southerly line of Crescent Way and Parcel I herein; THENCE North 89 degrees 10 minutes 20 seconds West along the southerly side of Crescent Way 28.72 feet to the westerly side of lands to be conveyed to the Suffolk County Water Authority, the point or place of BEGINNING. (1000-121.00-04.00-part of 009.001) - continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY Or NEW YORK Title No. rNT9922707 SCHEDULE A (continued) PARCEL III: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the northerly side of Laurel Lake which marks the division line between lands now or formerly of NOFO Associates and the easterly line of lands now or formerly of Macari, described herein; RUNNING THENCE along the northerly side of Laurel Lake: 1. North 32 degrees 27 minutes 10 seconds West 94.40 feet; 2. North 75 degrees 43 minutes 00,seconds West 31.04 feet; THENCE North 30 degrees 19 minutes 40 seconds East 236.95 feet; THENCE South 89 degrees 10 minutes 20 seconds East 1.79 feet; THENCE Northerly along an arc of curve which bears to the left having a radius of 61.23 feet a distance of 97.46 feet; THENCE North 00 degrees 22 minutes 40 seconds West 236.57 feet; THENCE Northeasterly along an arc of curve which bears to the right having a radius of 200.00 feet a distance of 101.27 feet; THENCE North 28 degrees 38 minutes 00 seconds East 147.91 feet; THENCE North 01 degrees 15 minutes 00 seconds East 193.31 feet; THENCE North 23 degrees 00 minutes 00 seconds West 95.85 feet; THENCE North 20 degrees 53 minutes 50 seconds West 557.08 feet; THENCE South 70 degrees 23 minutes 40 seconds West 205.87 feet; THENCE North 20 degrees 08 minutes G9 seconds West 682.86 feet; THENCE North 63 degrees 02 minutes 40 seconds East 217.48 feet; - continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YOR-K Title No. FNT9922707 SCHEDULE A (continued) THENCE South 26 degrees 57 minutes 20 seconds East 32.80 feet; THENCE South 24 degrees 01 minutes 50 seconds East 494.33 feet; THENCE South 20 degrees 53 minutes 50 seconds East 740.35 feet; THENCE South 23 degrees 00 minutes 00 seconds East 105.68 feet; THENCE South 01 degrees 15 minutes 00 seconds West 300.26 feet; THENCE North 88 degrees 45 minutes 00 seconds West 50.00 feet; THENCE South 01 degrees 15 minutes 00 seconds West 388.60 feet to lands now or formerly of SCWA; THENCE South 48 degrees 52 minutes 50 seconds West 16.94 feet; THENCE South 40 degrees 35 minutes 00 seconds West 420.00 feet to Laurel Lake, the point or place of BEGINNING. TOGETHER with benefits and subject to the burdens of a right of way to and from Sound Avenue over a 20 foot right of way known as Laurel Lake Drive and a 25 feet right of way known as Laurel Way, and a 25 foot right of way known as Crescent Way; RECORD & RETURN TO O'J Peconic Land Trust Inc. 296 Hampton Road P. 0. Box 1776 Southampton, New York 11968 Attn: Tim Caufield Ccl' L4 r 2 J FE' 'ORDEO2 11998PC 746 REdEIVED $ p Number of pages REAL IF ti,fi4f II 1? t99 TORRENS NOV 041999 EDWAR; 11 . R^K;,ME Serial # C L E R f: Or T17144SFEH TAX 00 SUFFO1_K CQII`,TY Certificate # Prior Ctf. # 1 jl rl Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 4 FEES Page / Filing Fee Mortgage Amt. _ HandlingI. Basic Tax _ TP-584 2. Additional Tax Notation Sub Total _ EA-52 17 (County) r Sub Total Spec./Assit. EA-5217 (State) _ Or Spec. /Add. R.P.T.S.A. TOT. MTG. TAX Comm. of Ed. 5 00 =y Dual Town Dual County a , Held for Apportionment Affidavit Transfer Tax 4 a~ - MO IMO ~ Certitied Copy y ~9~ Mansion Tax The property covered by this mortgage is or Reg. Copy will be improved by a one or two family Sub Total dwelling only. Other YES or NO GRAND TOTAL /00- If NO, see appropriate tax clause on page # of this instrument. 1 7`3 ~t. Real Property Tax Service Agency Verification 6 Community Preservation Fund ounrr Dist. Section B lock Lot Consideration Amount $ t}3-j'cco o-p pp o / CPF Tax Due $ S/ta' /DOD ~02 / • 8~ 2. /Dar -qq .._.._.___,...,........Q:_zrar ~m PI proved Initialsr Vacant Land t/ 7 Satisfactions/Discharges/Releases List Property Owners Mailing Address TD /I) RECORD & RETURN TO; i •.,:Y f TD I 7k Q ~/Q/) Ci ~Go TD ' ~10 t~41_ FT10t.1 Title Company Information 1i373 Name / e # T.- 02~ yp Suffolk Count Recording & Endorsement Page This page forms part of the attached d made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in 7 '71L CA1j L, SUFFOLK COUNTY, NEW YORK TO y~ In the Township of v/lQl'~/4 t~ In the VILLAGE U or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN RI ,ACK TNK ()M v oR TOR TO 0Frr)DT1n,T0_ nT) r it r* r CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD ¦E USED BY LAWYERS ONLY. l~ THIS INDENTURE, made the ~U day of 'May nineteen hundred and ninety-nine BETWEEN JOSEPH T. MACARI, residing at 121 Malba Drive, Malba, New York as to an undivided one-half interest and NISSIM ALHADEFF, residing at 181-35 Midland Parkway, Jamaica Estates, New York, as to the remaining undivided one-half interest party of the first part, and JOSEPH T. MACARI, residing at 121 Malba Drive, Malba, New York party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF 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 all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. STATE OF NEW YORK SS: COUNTY OF SUFFOLK I, WARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF DEED ! 1 2 q,(~ AT PAGE I4(6 RECORDED y'% AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DEED AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS ~ DAY OF ~ fj ? 199 IIr CLERK 6 12.01W.895cs l.' IV1bJ1M AL1tA1JLVk STATE OF NEW 'YORK, COUNTY OF QU NS Its: STATE OF NEW YORtC, C• OF QUEENS su On the 10 day of May 1999 , before me On the /D day of May 19 99 , before me personally came personally came NISSIM ALHADEFF JOSEPH T. MACARI to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged,. that he executed the sa he executed the same. T f 7~1 r Notary Public NQ'f LOUIS J. MACARI UDAK f>YtIN New York 'No~ public, Stan of Naw York ~yolary blic.state v No.02fsL°s7 No. 4tAklnr70747a2 county OualMletl In Ka Z C°untY_..gOOH q itied xnt November 30. 199'R Crmmisaion Fxpl TIX_= Co anion E P STATE. OF NEW YORK, COUNTY OF ssr STATE OF NEW YORK, COUNTY OF ssr On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the ' of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. 0IBrrantp 31)ttb stcnoN WITH FULL COVENANTS TITLE No. BLOCK JOSEPH T. MACARI, as to an undivded one-half LOT interest and NISSIM ALHADEFF, as to an COUNTY OR TOWN undivided one-half interest TO JOSEPH T. MACARI Recorded At Request of First American Title Insurance Company of New York RETURN BY MAIL TO: STANDARD row Of NEW YORK aOARD Of TITLE UNDERWRITERS Dithibw,d by First American Title Insurance Company of New York %Zip No. T V O u z 0 s O Rs O n a s V s N FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNIT9922707 SCHEDULE A AMENDED 10/22/99 PARCELI: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue which marks the division line between lands now or formerly of Peconic Homes Corp. and the westerly boundary of lands described herein; RUNNING THENCE South 72 degrees 49 minutes 20 seconds East 22.40 feet to lands now or formerly of Edward J. Woessner and Genevieve Woessner; THENCE along said lands of Woessner the following three courses and distances: 1. South 10 degrees 22 minutes 00 seconds East 150.00 feet; 2. South 81 degrees 30 minutes 40 seconds East 120.00 feet; 3. North 10 degrees 22 minutes 00 seconds West 150.00 feet to the southerly side of Sound Avenue; THENCE along the southerly side of Sound Avenue: 1. South 81 degrees 30 minutes 40 seconds East 160.85 feet; 2. South 86 degrees 05 minutes 40 seconds East 203.36 feet; 3. North 75 degrees 24 minutes 20 seconds East 58.24 feet to lands now or formerly of Janet Jazombeck and others; THENCE along said lands of Janet Jazombek and others: 1. South 14 degrees 35 minutes 40 seconds East 200.00 feet; 2_ North 75 degrees 24 minutes 20 seconds East 108.90 feet; 3. North 14 degrees 35 minutes 40 seconds West 200.00 feet to the southerly side - continued on next page - I II)IC1,17'1' NA'I'IOIYAI,'I7'I'I,Ii INSURANCE COMPANY Oh NEW YORK Title No. FNT9922707 S C H E D U L E A (continued) of Sound Avenue; THENCE along the southerly side of Sound Avenue: 1. North 75 degrees 24 minutes 20 seconds East 109.35 feet; 2. North 71 degrees 47 minutes 10 seconds East 53.08 feet to lands now or formerly of Genevive A. Woessner, Constance M. King and Barbara C. Boner; THENCE along said lands of Woessner, King and Boner: 1. South 19 degrees 38 minutes 00 seconds East 203.61 feet; 2. North 64 degrees 54 minutes 00 seconds East 117.92 feet to lands now or formerly of Peter Sabat, Cynthia M. Schneider and Mark P. Sabat; THENCE along said lands of Sabat, Schneider and Sabat: 1. South 21 degrees 52 minutes 00 seconds East 103.47 feet; 2. North 67 degrees 09 minutes 00 seconds East 252.29 feet to lands now or formerly of Barbara B. Sayre; THENCE along said lands now or formerly of Barbara B. Sayre: 1. South 26 degrees 57 minutes 20 seconds East 353.61 feet; 2. North 63 degrees 02 minutes 40 seconds East 200.00 feet to lands now or formerly of AABR Realty Facilities Holding Corp.; THENCE along said lands of AABR Realty Facilities Holding Corp.: 1. South 26 degrees 57 minutes 20 seconds East 84.08 feet; 2. South 24 degrees 01 minutes 50 seconds East 496.97 feet to lands now or formerly of Barbara Ann Kujawski and William W. Rusch; THENCE along said lands of Kujawski and Rustin South 20 degrees 53 minutes 50 seconds Fast 740.80 feet to lands now or formerly of Barbara Kujawski; THENCE along said lands now or formerly of Barbara Kujawski South 23 degrees 00 minutes 00 seconds East 115.50 feet; - continued on next page - Iwo -77 1r1IIt:1.I"I')' NA7'1ONA1. T'I I'LIs INSUKANCIS COMPANY OF NEW YORK Title No. YNT9922707 SCHEDULE A (continued) THENCE still along said lands of Barbara Kujawski and later along said lands now or formerly of Marilyn and Walter Gatz South 01 degrees 15 minutes 00 seconds West 311 feet; THENCE through lands now or formerly of Macari: 1. Thence North 88 degrees 45 minutes 00 seconds West 50.00 feet; 2. Thence North 01 degrees 15 minutes 00 seconds East 300.26 feet; 3. Thence North 23 degrees 00 minutes 00 seconds West 105.68 feet; 4. Thence North 20 degrees 53 minutes 50 seconds West 740.35 feet; 5. Thence North 24 degrees 01 minutes 50 seconds West 494.33 feet; 6. Thence North 26 degrees 57 minutes 20 seconds West 32.80 feet; 7. Thence South 63 degrees 02 minutes 40 seconds West 217.48 feet; 8. Thence South 20 degrees 08 minutes 09 seconds East 682.86 feet; 9. Thence North 70 degrees 23 minutes 40 seconds East 205.87 feet; 10. Thence South 20 degrees 53 minutes 50 seconds East 557.08 feet; 11. Thence South 23 degrees 00 minutes 00 seconds East 95.85 feet; 12. Thence South 01 degrees 15 minutes 00 seconds West 193.31 feet; 13. Thence South 28 degrees 38 minutes 00 seconds West 147.91 feet; 14. Thence still southerly along an arc of curve which bears to the left having a radius of 200.00 feet an arc of 101.27 feet; 15. Thence South 00 degrees 22 minutes 40 seconds East 236.57 feet; 16. Thence Southwesterly along an are of curve which bears to the right having a radius of 61.23 feet and an arc of 97.46 feet; 17. Thence North 89 degrees 10 minutes 20 seconds West 130.51 feet to lands now or fomerly of Anschutz; continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) THENCE North 64 degrees 41 minutes 20 "seconds West 55.28 feet to land now or formerly of Thomas Gorman; THENCE North 35 degrees 33 minutes 20 seconds West 55.13 feet to lands now or formerly of Namrog Holding Corp.; THENCE along said lands North 13 degrees 54 minutes 20 seconds West 72.03 feet to lands now or formerly of Donald Shapiro; THENCE North 00 degrees 25 minutes 10 seconds East along said lands now or formerly of Shapiro 101.67 feet to lands now or formerly of Bradley J. Betz and Janet B. Belz; THENCE along said lands now or formerly of Bradley J. Belz and Janet B. Belz: 1. North 04 degrees 58 minutes 20 seconds East 78.09 feet; 1. Along an arc of curve which bears to the left having a radius of 165.75 feet an arc of 159.72 feet to lands now or formerly of Marion E. Smith Family Trust"; THENCE along said lands now or formerly of Marion E. Smith Family Trust: 1. North 50 degrees 14 minutes 20 seconds West 72.00 feet; 2. North 57 degrees 53 minutes 20 seconds West 65.00 feet to lands now or formerly of Donald Rosen; THENCE North 65 degrees 53 minutes 20 seconds West along said lands 210.00 feet to lands now or formerly of Marjorie Schalkham; THENCE North 57 degrees 08 minutes 50 seconds West along said lands 166.00 feet to land now or formerly of Joseph and Patricia Maida; THENCE along said lands now or formerly of Maida North 60 degrees 08 minutes 50 seconds West 60.00 feet to lands now or formerly of Steven Brautigam; THENCE along said lands now or formerly of Steven Brautigam: 1. North 79 degrees 27 minutes 10 seconds West 90.00 feet; 2. South 88 degrees 34 minutes 30 seconds West 100.00 feet to lands now or formerly of Stanley Weisz P.C. Retirement Plan; - continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 S C H E D U I, E A (continued) THENCE along said lands now or formerly of Stanley Weisz P.C. Retirement Plan: 1. South 16 degrees 13 minutes 10 seconds East 23.00 feet; 2. South 73 degrees 46 minutes 50 seconds West 75.00 feet; 3. North 16 degrees 13 minutes 10 seconds West 43.34 feet; THENCE North 41 degrees 23 minutes 40 seconds East 455.22 feet; THENCE South 70 degrees 23 minutes 40 seconds West 826.27 feet to the westerly side of lands now or formerly of Peconic Homes Corp.; THENCE Northerly along the easterly side of lands now or formerly of Peconic Homes Corp.; 1. North 09 degrees 09 minutes 40 seconds East 50.00 feet; 2. North 13 degrees 02 minutes 20 seconds West 285.00 feet; 3. North 30 degrees 04 minutes 00 seconds West 61.00 feet; 4. North 22 degrees 04 minutes 00 seconds West 232.49 feet; 5. North 14 degrees 59 minutes 00 seconds West 265.00 feet; 6. North 10 degrees 20 minutes 30 seconds West 741.14 feet to the southerly side of Sound Avenue, the point or place of BEGINNING. TOGETHER with benefits and subject to the burdens of a right of way to and from Sound Avenue over a 20 foot right of way known as Laurel Lake Drive and a 25 foot right of way known as Laurel Way, and a 25 foot right of way known as Crescent Way. EXCEPTING therefrom the following 2 parcels: EXCEPTED PARCEL 171 OF 2 FROM PREMISES BEING the lands now or formerly of The Joan Ryan Family Trust: BEGINNING at the northeast corner of a 25 foot right of way known as Crescent continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) Way and the southerly line of a 25 foot right of way known as Laurel Way; RUNNING THENCE northeasterly on a curve which bears to the right having a radius of 9.65 feet a distance of 22.42 feet; THENCE along Laurel Way along an arc of a curve to the left having a radius of 112.0 feet a distance of 149.23 feet; THENCE still along Laurel Way North 61 degrees 45 minutes 40 seconds East 76.00 feet; THENCE Southeasterly along an arc of a curve which bears to the right having a radius of 8.54 feet a distance of 17.57 feet; THENCE South 00 degrees 22 minutes 40 seconds East 267.33 feet to the northerly side of Crescent Way; THENCE Southwesterly along an arc of a curve which bears to the right having a radius of 36.23 feet a distance of 57.67 feet; THENCE along the northerly and easterly side of Crescent Way: 1. North 89 degrees 10 minutes 20 seconds West 125.09 feet; 2. North 64 degrees 41 minutes 20 seconds West 43.36 feet; 3. North 35 degrees 33 minutes 20 seconds West 43.85 feet; 4. North 13 degrees 54 minutes 20 seconds West 64.11 feet; 5. North 00 degrees 25 minutes 10 seconds East 97.53 feet; 6. North 04 degrees 58 minutes 20 seconds East 78.07 feet to the point or place of BEGINNING. EXCEPTED PARCEL N2 OF 2 BEING THE LANDS NOW OR FORMERLY OF JUDITH A. GRECO: BEGINNING at a monument set at a point of deflection in a 25 foot right of way known as Laurel Way which said monument marks the southeast corner of said lands now or formerly of Judith A. Greco; RUNNING THENCE Northwesterly along said lands and along an arc of curve - continued on next page - • 111111111111 1P 10111111 rrr~ui.t t i' rvn"riotvni 't'i1'LL INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 S C H E D U L E A (continued) which bears to the left having a radius of 292.52 feet and an arc of 112.32 feet; THENCE 1. North 50 degrees 14 minutes 20 seconds West 73.67 feet; 2. North 57 degrees 53 minutes 20 seconds West 68.42 feet; 3. North 65 degrees 53 minutes 20 seconds West 186.48 feet; 4. North 24 degrees 06 minutes 40 seconds East 9.74 feet; 5. South 81 degrees 23 minutes 10 seconds East 375.33 feet; 6. South 05 degrees 39 minutes 10 seconds West 199.78 feet to the monument, the point or place of BEGINNING. PARCEL II: ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southerly side of Crescent Way described in Parcel I herein at the division line between lands to be conveyed to Suffolk County Water Authority and premises described herein and; RUNNING THENCE South 30 degrees 19 minutes 40 seconds West along the division line between lands conveyed to Suffolk County Water Authority and premises described herein 236.95 feet to the waters of Laurel Lake; THENCE North 75 degrees 43 minutes 00 seconds West 26.01 feet along Laurel Lake to lands now or formerly of Michael Ryan; THENCE North 30 degrees 19 minutes 40 seconds East along said lands now or formerly of Michael Ryan 230.00 feet to the southerly line of Crescent Way and Parcel I herein; THENCE North 89 degrees 10 minutes 20 seconds West along the southerly side of Crescent Way 28.72 feet to the westerly side of lands to be conveyed to the Suffolk County Water Authority, the point or place of BEGINNING. (1000-121.00-04.00-part of 009.001) - continued on next page - 0 FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) PARCEL III: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the northerly side of Laurel Lake which marks the division line between lands now or formerly of NOFO Associates and the easterly line of lands now or formerly of Macari, described herein; RUNNING THENCE along the northerly side of Laurel Lake: 1. North 32 degrees 27 minutes 10 seconds West 94.40 feet; 2. North 75 degrees 43 minutes 00 seconds West 31.04 feet; THENCE North 30 degrees 19 minutes 40 seconds East 236.95 feet; THENCE South 89 degrees 10 minutes 20 seconds East 1.79 feet; THENCE Northerly along an arc of curve which bears to the left having a radius of 61.23 feet a distance of 97.46 feet; THENCE North 00 degrees 22 minutes 40 seconds West 236.57 feet; THENCE Northeasterly along an arc of curve which bears to the right having a radius of 200.00 feet a distance of 101.27 feet; THENCE North 28 degrees 38 minutes 00 seconds East 147.91 feet; THENCE North 01 degrees 15 minutes 00 seconds East 193.31 feet; THENCE North 23 degrees 00 minutes 00 seconds West 95.85 feet; THENCE North 20 degrees 53 minutes 50 seconds West 557.08 feet; THENCE South 70 degrees 23 minutes 40 seconds West 205.87 feet; THENCE North 20 degrees 08 minutes G9 seconds West 682.86 feet; THENCE North 63 degrees 02 minutes 40 seconds East 217.48 feet; - continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) THENCE South 26 degrees 57 minutes 20 seconds East 32.80 feet; THENCE South 24 degrees 01 minutes 50 seconds East 494.33 feet; s THENCE South 20 degrees 53 minutes 50 seconds East 740.35 feet; THENCE South 23 degrees 00 minutes 00 seconds East 105.68 feet; THENCE South 01 degrees 15 minutes 00 seconds West 300.26 feet; THENCE North 88 degrees 45 minutes 00 seconds West 50.00 feet; THENCE South 01 degrees 15 minutes 00 seconds West 388.60 feet to lands now or formerly of SCWA; THENCE South 48 degrees 52 minutes 50 seconds West 16.94 feet; THENCE South 40 degrees 35 minutes 00 seconds West 420.00 feet to Laurel Lake, the point or place of BEGINNING. TOGETHER with benefits and subject to the burdens of a right of way to and from Sound Avenue over a 20 foot right of way known as Laurel Lake Drive and a 25 feet right of way known as Laurel Way, and a 25 foot right of way known as Crescent Way; uaa,~ ~ az•t,~ w ?:ryy~~.d/aa^+iavwt,~. r. 11998PC 745 Number of pages TORRENS Serial # EoX GLER'. Certificate # S 0 F F 0l ~ r; Prior Ctf. 17 mie15-17 Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 4 / FEES Page / Filing Fee Mortgage Amt. c Handling 1. Basic Tax J - TP-584 2. Additional Tax Notation Sub Total EA-52 17 (County) r Sub Total V y Spec./Assit. _ Or EA-5217 (State) Spec. /Add. R.P.T.S.A. TOT. MTG. TAX - Dual Town Dual County Comm. of Ed. 5 00 Held for Apportionment a u _ Affidavit Transfer Tax S U/} Mansion Tax Certified Copy ' V The property covered by this mortgage is or Reg. Copy will be improved by a one or two family Sub Total C dwelling only. YES or NO Other If NO, see appropriate tax clause on page # GRAND TOTAL of this instrument. Real Property Tax Service Agency Verification 6 Community Preservation Fund i srxrux ~1 Dist. Section B lock Lot Consideration Amount $ I, Q Odfl • O ` Stag DDO 12i .9 D DID.• DO 6)09• CPF Tax Due $ Date Improved Initi I X. .....-r !1VF_O acant Land D_ 71 Satisfactions/Discharges/Releases List Property Owners Mailing Addr ss $ RECORD & RETURN TO: N('-'%" 0,r 1999 D QCONtc WN"b TRatgT I C. D J~ SO.t kdl~I-ho 1Oo_,J y0f k 114b 8 Title Company Information ~7? TiM CRN hec-~ Co. Name '~,Dat.ll A/wflmtrt, 7/rb !n'!Lo tit• Title# FNT Z7D Suffolk County Recording & Endorsement Page This page forms part of the attached 17e e.D made by: p Q ` (SPECIFY TYPE OF INSTRUMENT-) ~J S e ~1 (1~~ The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of Is 9 Lu tvb Ll~l 4PbTTsT In the VILLAGE / N CL~ R Po R ATni\-O or HAMLET of A TTI TU Q-- BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) . DISTRICT SUFFOLK COUNTY 1000 BARGAIN AND SALE DEED WITH COVENANTS SECTION u 121_00 THIS INDENTURE, made the~day of 1999 BLOCK 04.00 BETWEEN JOSEPH T. MACARI, residing at 95-40 Roosevelt venue, Jackson Heights, New York 11372, party of the first part LOT 009.001 AND PECONIC LAND TRUST INCORPORATED, a not-for-profit New ork corporation, having its principal offices at 296 Hampton load, P.O. Box 1776, Southampton, New York 11968, party of the econd part, WITNESSETH, that the party of the first part, in onsideration of ONE MILLION FORTY-FOUR THOSAND 00/100 ($1,044,000.00) DOLLARS and other valuable consideration paid by he party of the second part, does hereby grant and release unto he party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL, that certain piece or parcel of land, situated in the own of Southold, County of Suffolk, and State of New York, identified as Parcels I, II, and III more particularly bounded and described as follows: (see description annexed hereto and ade a part hereof): THIS CONVEYANCE is made pursuant to Suffolk County Charter Article XII, Section 3 (entitled "Suffolk County Drinking Water Protection Program") as amended by Local Law No. 35 of 1988 which authorizes those portions of the premises which may later be determined by Resolution of the Suffolk County Legislature as being necessary for use for water supply production and distribution, including ancillary facilities required specifically for such production and distribution and all rights-of-way for ingress and egress to the water supply production and distribution facilities not to be dedicated to nature preserve purposes as set forth in Article I, Section 7 of the Suffolk County Charter. Once specified areas of the land for the purposes hereinbefore set forth have been determined by Resolution of the Suffolk County Legislature, those areas of the land may be used for all purposes not inconsistent with Article XII of the Suffolk County Charter as it now exists, or as it may be amended in the future. This conveyance is further made pursuant to Resolution Nos. 372-91, 677-96, and Resolution No.920-93 of the Suffolk County Legislature. BEING AND INTENDED to be the same premises conveyed to JOSEPH T. MACARI AND NISSIM ALHADEFF granting each an undivided one-half interest from Mets Homes, Inc.,by deed dated 12/16/75 and recorded 12/22/75 in Liber 7962 cp 282; BEING AND INTENDED to be the same premises conveyed to Grantor by simultaneous deed dated May 10, 1999 from JOSEPH T. MACARI and NISSIM ALHADEFF TO JOSEPH T. MACARI, said deed intended to be recorded prior in time to this deed; 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 all the estate and rights of the party of the first part in and to said premises; TOGETHER with benefits and subject to the burdens of a right of way to and from Sound Avenue over a 20 foot right of way known as Laurel Lake Drive and a 25 foot right of way known as Laurel Way, and a 25 foot right of way known as Crescent Way. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. 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 encumbered 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 consideraticn 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 WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. ice, iL. ; OSEP T. MACARI STATE OF NEW YORK) ) SS: COUNTY OF On this day of in the yea 19'79, before me, the undersigned, personally appeared jVSe;jrW- Z personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public: State of New York ANDREA RNE Notary No.1O1R4788970fYyork~ Com a,Expires oNOV. 3u. BARGAIN AND SALE DEED DISTRICT 1000 WITH COVENANT AGAINST SECTION 121.00 GRANTOR'S ACT BLOCK 04.00 TITLE NO. FNT9922707 LOT 009.001 COUNTY OF SUFFOLK JOSEPH T. MACARI TO PECONIC LAND TRUST, INCORPORATED FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A AMENDED 10/22/99 PARCEL I: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue which marks the division line between lands now or formerly of Peconic Homes Corp. and the westerly boundary of lands described herein; RUNNING THENCE South 72 degrees 49 minutes 20 seconds East 22.40 feet to lands now or formerly of Edward J. Woessner and Genevieve Woessner; THENCE along said lands of Woessner the following three courses and distances: 1. South 10 degrees 22 minutes 00 seconds East 150.00 feet; 2. South 81 degrees 30 minutes 40 seconds East 120.00 feet; 3. North 10 degrees 22 minutes 00 seconds West 150.00 feet to the southerly side of Sound Avenue; THENCE along the southerly side of Sound Avenue: 1. South 81 degrees 30 minutes 40 seconds East 160.85 feet; 2. South 86 degrees 05 minutes 40 seconds East 203.36 feet; 3. North 75 degrees 24 minutes 20 seconds East 58.24 feet to lands now or formerly of Janet Jazombeck and others; THENCE along said lands of Janet Jazombek and others: 1. South 14 degrees 35 minutes 40 seconds East 200.00 feet; 2. North 75 degrees 24 minutes 20 seconds East 108.90 feet; 3. North 14 degrees 35 minutes 40 seconds West 200.00 feet to the southerly side - continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) of Sound Avenue; THENCE along the southerly side of Sound Avenue: 1. North 75 degrees 24 minutes 20 seconds East 109.35 feet; 2. North 71 degrees 47 minutes 10 seconds East 53.08 feet to lands now or formerly of Genevive A. Woessner, Constance M. King and Barbara C. Boner; THENCE along said lands of Woessner, King and Boner: 1. South 19 degrees 38 minutes 00 seconds East 203.61 feet; 2. North 64 degrees 54 minutes 00 seconds East 117.92 feet to lands now or formerly of Peter Sabat, Cynthia M. Schneider and Mark P. Sabat; THENCE along said lands of Sabat, Schneider and Sabat: 1. South 21 degrees 52 minutes 00 seconds East 103.47 feet; 2. North 67 degrees 09 minutes 00 seconds East 252.29 feet to lands now or formerly of Barbara B. Sayre; THENCE along said lands now or formerly of Barbara B. Sayre: 1. South 26 degrees 57 minutes 20 seconds East 353.61 feet; 2. North 63 degrees 02 minutes 40 seconds East 200.00 feet to lands now or formerly of AABR Realty Facilities Holding Corp.; THENCE along said lands of AABR Realty Facilities Holding Corp.: 1. South 26 degrees 57 minutes 20 seconds East 84.08 feet; 2. South 24 degrees 01 minutes 50 seconds East 496.97 feet to lands now or formerly of Barbara Ann Kujawski and William W. Rusch; THENCE along said lands of Kujawski and Rustin South 20 degrees 53 minutes 50 seconds East 740.80 feet to lands now or formerly of Barbara Kujawski; THENCE along said lands now or formerly of Barbara Kujawski South 23 degrees 00 minutes 00 seconds East 115.50 feet; - continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) THENCE still along said lands of Barbara Kujawski and later along said lands now or formerly of Marilyn and Walter Gatz South 01 degrees 15 minutes 00 seconds West 311 feet; THENCE through lands now or formerly of Macari: 1. Thence North 88 degrees 45 minutes 00 seconds West 50.00 feet; 2. Thence North 01 degrees 15 minutes 00 seconds East 300.26 feet; 3. Thence North 23 degrees 00 minutes 00 seconds West 105.68 feet; 4. Thence North 20 degrees 53 minutes 50 seconds West 740.35 feet; 5. Thence North 24 degrees 01 minutes 50 seconds West 494.33 feet; 6. Thence North 26 degrees 57 minutes 20 seconds West 32.80 feet; 7. Thence South 63 degrees 02 minutes 40 seconds West 217.48 feet; 8. Thence South 20 degrees 08 minutes 09 seconds East 682.86 feet; 9. Thence North 70 degrees 23 minutes 40 seconds East 205.87 feet; 10. Thence South 20 degrees 53 minutes 50 seconds East 557.08 feet; 11. Thence South 23 degrees 00 minutes 00 seconds East 95.85 feet; 12. Thence South 01 degrees 15 minutes 00 seconds West 193.31 feet; 13. Thence South 28 degrees 38 minutes 00 seconds West 147.91 feet; 14. Thence still southerly along an arc of curve which bears to the left having a radius of 200.00 feet an arc of 101.27 feet; 15. Thence South 00 degrees 22 minutes 40 seconds East 236.57 feet; 16. Thence Southwesterly along an arc of curve which bears to the right having a radius of 61.23 feet and an arc of 97.46 feet; 17. Thence North 89 degrees 10 minutes 20 seconds West 130.51 feet to lands now or fomerly of Anschutz; 1 - continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) of Sound Avenue; THENCE along the southerly side of Sound Avenue: 1. North 75 degrees 24 minutes 20 seconds East 109.35 feet; 2. North 71 degrees 47 minutes 10 seconds East 53.08 feet to lands now or formerly of Genevive A. Woessner, Constance M. King and Barbara C. Boner; THENCE along said lands of Woessner, King and Boner: 1. South 19 degrees 38 minutes 00 seconds East 203.61 feet; 2. North 64 degrees 54 minutes 00 seconds East 117.92 feet to lands now or formerly of Peter Sabat, Cynthia M. Schneider and Mark P. Sabat; THENCE along said lands of Sabat, Schneider and Sabat: 1. South 21 degrees 52 minutes 00 seconds East 103.47 feet; 2. North 67 degrees 09 minutes 00 seconds East 252.29 feet to lands now or formerly of Barbara B. Sayre; THENCE along said lands now or formerly of Barbara B. Sayre: 1. South 26 degrees 57 minutes 20 seconds East 353.61 feet; 2. North 63 degrees 02 minutes 40 seconds East 200.00 feet to lands now or formerly of AABR Realty Facilities Holding Corp.; THENCE along said lands of AABR Realty Facilities Holding Corp.: 1. South 26 degrees 57 minutes 20 seconds East 84.08 feet; 2. South 24 degrees 01 minutes 50 seconds East 496.97 feet to lands now or formerly of Barbara Ann Kujawski and William W. Rusch; THENCE along said lands of Kujawski and Rustin South 20 degrees 53 minutes 50 seconds East 740.80 feet to lands now or formerly of Barbara Kujawski; THENCE along said lands now or formerly of Barbara Kujawski South 23 degrees 00 minutes 00 seconds East 115.50 feet; - continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) THENCE still along said lands of Barbara Kujawski and later along said lands now or formerly of Marilyn and Walter Gatz South 01 degrees 15 minutes 00 seconds West 311 feet; THENCE through lands now or formerly of Macari: 1. Thence North 88 degrees 45 minutes 00 seconds West 50.00 feet; 2. Thence North 01 degrees 15 minutes 00 seconds East 300.26 feet; 3. Thence North 23 degrees 00 minutes 00 seconds West 105.68 feet; 4. Thence North 20 degrees 53 minutes 50 seconds West 740.35 feet; 5. Thence North 24 degrees 01 minutes 50 seconds West 494.33 feet; 6. Thence North 26 degrees 57 minutes 20 seconds West 32.80 feet; '7. Thence South 63 degrees 02 minutes 40 seconds West 217.48 feet; 8. Thence South 20 degrees 08 minutes 09 seconds East 682.86 feet; 9. Thence North 70 degrees 23 minutes 40 seconds East 205.87 feet; 10. Thence South 20 degrees 53 minutes 50 seconds East 557.08 feet; 11. Thence South 23 degrees 00 minutes 00 seconds East 95.85 feet; 12. Thence South 01 degrees 15 minutes 00 seconds West 193.31 feet; 13. Thence South 28 degrees 38 minutes 00 seconds West 147.91 feet; 14. Thence still southerly along an arc of curve which bears to the left having a radius of 200.00 feet an arc of 101.27 feet; 15. Thence South 00 degrees 22 minutes 40 seconds East 236.57 feet; 16. Thence Southwesterly along an arc of curve which bears to the right having a radius of 61.23 feet and an arc of 97.46 feet; 17. Thence North 89 degrees 10 minutes 20 seconds West 130.51 feet to lands now or fomerly of Anschutz; - continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) THENCE North 64 degrees 41 minutes 20 seconds West 55.28 feet to land now or - formerly of Thomas Gorman; THENCE North 35 degrees 33 minutes 20 seconds West 55.13 feet to lands now or formerly of Namrog Holding Corp.; THENCE along said lands North 13 degrees 54 minutes 20 seconds West 72.03 feet to lands now or formerly of Donald Shapiro; r, THENCE North 00 degrees 25 minutes 10 seconds East along said lands now or formerly of Shapiro 101.67 feet to lands now or formerly of Bradley J. Belz and Janet B. Belz; THENCE along said lands now or formerly of Bradley J. Belz and Janet B. Belz: 1. North 04 degrees 58 minutes 20 seconds East 78.09 feet; 1. Along an arc of curve which bears to the left having a radius of 165.75 feet an arc of 159.72 feet to lands now or formerly of Marion E. Smith Family Trust; THENCE along said lands now or formerly of Marion E. Smith Family Trust: 1. North 50 degrees 14 minutes 20 seconds West 72.00 feet; 2. North 57 degrees 53 minutes 20 seconds West 65.00 feet to lands now or formerly of Donald Rosen; THENCE North 65 degrees 53 minutes 20 seconds West along said lands 210.00 feet to lands now or formerly of Marjorie Schalkham; THENCE North 57 degrees 08 minutes 50 seconds West along said lands 166.00 feet to land now or formerly of Joseph and Patricia Maida; THENCE along said lands now or formerly of Maida North 60 degrees 08 minutes 50 seconds West 60.00 feet to lands now or formerly of Steven Brautigam; THENCE along said lands now or formerly of Steven Brautigam: 1. North 79 degrees 27 minutes 10 seconds West 90.00 feet; 2. South 88 degrees 34 minutes 30 seconds West 100.00 feet to lands now or formerly of Stanley Weisz P.C. Retirement Plan; - continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) THENCE along said lands now or formerly of Stanley Weisz P.C. Retirement Plan: 1. South 16 degrees 13 minutes 10 seconds East 23.00 feet; 2. South 73 degrees 46 minutes 50 seconds West 75.00 feet; 3. North 16 degrees 13 minutes 10 seconds West 43.34 feet; THENCE North 41 degrees 23 minutes 40 seconds East 455.22 feet; THENCE South 70 degrees 23 minutes 40 seconds West 826.27 feet to the westerly side of lands now or formerly of Peconic Homes Corp.; THENCE Northerly along the easterly side of lands now or formerly of Peconic Homes Corp.; 1. North 09 degrees 09 minutes 40 seconds East 50.00 feet; 2. North 13 degrees 02 minutes 20 seconds West 285.00 feet; 3. North 30 degrees 04 minutes 00 seconds West 61.00 feet; 4. North 22 degrees 04 minutes 00 seconds West 232.49 feet; 5. North 14 degrees 59 minutes 00 seconds West 265.00 feet; 6. North 10 degrees 20 minutes 30 seconds West 741.14 feet to the southerly side of Sound Avenue, the point or place of BEGINNING. TOGETHER with benefits and subject to the burdens of a right of way to and from Sound Avenue over a 20 foot right of way known as Laurel Lake Drive and a 25 foot right of way known as Laurel Way, and a 25 foot right of way known as Crescent Way. EXCEPTING therefrom the following 2 parcels: EXCEPTED PARCEL k1 OF 2 FROM PREMISES BEING the lands now or formerly of The Joan Ryan Family Trust: BEGINNING at the northeast corner of a 25 foot right of way known as Crescent - continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) Way and the southerly line of a 25 foot right of way known as Laurel Way; RUNNING THENCE northeasterly on a curve which bears to the right having a radius of 9.65 feet a distance of 22.42 feet; THENCE along Laurel Way along an are of a curve to the left having a radius of 112.0 feet a distance of 149.23 feet; THENCE still along Laurel Way North 61 degrees 45 minutes 40 seconds East 76.00 feet; THENCE Southeasterly along an are of a curve which bears to the right having a radius of 8.54 feet a distance of 17.57 feet; THENCE South 00 degrees 22 minutes 40 seconds East 267.33 feet to the northerly side of Crescent Way; THENCE Southwesterly along an are of a curve which bears to the right having a radius of 36.23 feet a distance of 57.67 feet; THENCE along the northerly and easterly side of Crescent Way: 1. North 89 degrees 10 minutes 20 seconds West 125.09 feet; 2. North 64 degrees 41 minutes 20 seconds West 43.36 feet; 3. North 35 degrees 33 minutes 20 seconds West 43.85 feet; 4. North 13 degrees 54 minutes 20 seconds West 64.11 feet; 5. North 00 degrees 25 minutes 10 seconds East 97.53 feet; 6. North 04 degrees 58 minutes 20 seconds East 78.07 feet to the point or place of BEGINNING. EXCEPTED PARCEL #2 OF 2 BEING THE LANDS NOW OR FORMERLY OF JUDITH A. GRECO: BEGINNING at a monument set at a point of deflection in a 25 foot right of way known as Laurel Way which said monument marks the southeast corner of said lands now or formerly of Judith A. Greco; RUNNING THENCE Northwesterly along said lands and along an are of curve - continued on next page - • FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) which gears to the left having a radius of 292.52 feet and an arc of 112.32 feet; THENCE 1. North 50 degrees 14 minutes 20 seconds West 73.67 feet; 2. North 57 degrees 53 minutes 20 seconds West 68.42 feet; 3. North 65 degrees 53 minutes 20 seconds West 186.48 feet; 4. North 24 degrees 06 minutes 40 seconds East 9.74 feet; 5. South 81 degrees 23 minutes 10 seconds East 375.33 feet; 6. South 05 degrees 39 minutes 10 seconds West 199.78 feet to the monument, the point or place of BEGINNING. PARCEL II: ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southerly side of Crescent Way described in Parcel I herein at the division line between lands to be conveyed to Suffolk County Water Authority and premises described herein and; RUNNING THENCE South 30 degrees 19 minutes 40 seconds West along the division line between lands conveyed to Suffolk County Water Authority and premises described herein 236.95 feet to the waters of Laurel Lake; THENCE North 75 degrees 43 minutes 00 seconds West 26.01 feet along Laurel Lake to lands now or formerly of Michael Ryan; THENCE North 30 degrees 19 minutes 40 seconds East along said lands now or formerly of Michael Ryan 230.00 feet to the southerly line of Crescent Way and Parcel I herein; THENCE North 89 degrees 10 minutes 20 seconds West along the southerly side of Crescent Way 28.72 feet to the westerly side of lands to be conveyed to the Suffolk County Water Authority, the point or place of BEGINNING. (1000-121.00-04.00-part of 009.001) - continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) PARCEL III: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the northerly side of Laurel Lake which marks the division line between lands now or formerly of NOFO Associates and the easterly line of lands now or formerly of Macari, described herein; RUNNING THENCE along the northerly side of Laurel Lake: 1. North 32 degrees 27 minutes 10 seconds West 94.40 feet; 2. North 75 degrees 43 minutes 00 seconds West 31.04 feet; THENCE North 30 degrees 19 minutes 40 seconds East 236.95 feet; THENCE South 89 degrees 10 minutes 20 seconds East 1.79 feet; THENCE Northerly along an arc of curve which bears to the left having a radius of 61.23 feet a distance of 97.46 feet; THENCE North 00 degrees 22 minutes 40 seconds West 236.57 feet; THENCE Northeasterly along an arc of curve which bears to the right having a radius of 200.00 feet a distance of 101.27 feet; THENCE North 28 degrees 38 minutes 00 seconds East 147.91 feet; THENCE North 01 degrees 15 minutes 00 seconds East 193.31 feet; THENCE North 23 degrees 00 minutes 00 seconds West 95.85 feet; THENCE North 20 degrees 53 minutes 50 seconds West 557.08 feet; THENCE South 70 degrees 23 minutes 40 seconds West 205.87 feet; THENCE North 20 degrees 08 minutes 09 seconds West 682.86 feet; THENCE North 63 degrees 02 minutes 40 seconds East 217.48 feet; - continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) THENCE South 26 degrees 57 minutes 20 seconds East 32.80 feet; THENCE South 24 degrees 01 minutes 50 seconds East 494.33 feet; THENCE South 20 degrees 53 minutes 50 seconds East 740.35 feet; THENCE South 23 degrees 00 minutes 00 seconds East 105.68 feet; THENCE South 01 degrees 15 minutes 00 seconds West 300.26 feet; THENCE North 88 degrees 45 minutes 00 seconds West 50.00 feet; THENCE South 01 degrees 15 minutes 00 seconds West 388.60 feet to lands now or formerly of SCWA; THENCE South 48 degrees 52 minutes 50 seconds West 16.94 feet; THENCE South 40 degrees 35 minutes 00 seconds West 420.00 feet to Laurel Lake, the point or place of BEGINNING. TOGETHER with benefits and subject to the burdens of a right of way to and from Sound Avenue over a 20 foot right of way known as Laurel Lake Drive and a 25 feet right of way known as Laurel Way, and a 25 foot right of way known as Crescent Way; u'a RECORD & RETURN TO Peconic Land Trust Inc. '296 Hampton Road P. O. Box 1776 Southampton, New York 11968 Attn: Tim Caufield ~aau~ nr ~f 11998PC743 C 2 14U6 ' RECORDED RE I A n04 _C - 1.1, Tiber of page: NOV Y 11 14 AM '99 - Tor:RENS EDWARD P. CLE ;P. Or' SUFFOLI`~ "OUNFY iicate h F for Ctf. N 1451.6 Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps FEES ige / Filing Fee ~e Mortgage Amt. _ E andling I. Basic Tax I P-:S 84 S! 2. Additional Tax potation Sub Total _ i A-52 17 (Cow(y) Sub Total c ~'1 Spec./Assit. E A-5217 (State) Or Spec. /Add. TOT. MTG. TAX } Dual Town Dual County Comm. of Ed. 5 00 Held for Apportionment _ idfidavit Transfer Tax Certified Copy Mansion Tax The property covered by this mortgage is or ;eg. Copy will be improved by a one or two family Sub Total _ dwelling only. Other YES or NO GRAND TOTAL If NO, see appropriate tax clause on page N of this instrument. i Real Property Tax Service Agency Verification _ G Community Preservation Fund Dist. Section B lock Lot Consideration Amount $ 77- SUFFO. cc t[ @Ita ~02~• ~/,d'0 000 CPFTax Due S `zf~- •D Dat l Q 7 Improved liitials C F!S~'`~IVII? VacanLand Satisfactions/Dischar es/Releases List Property Owners Mailin Addre 7 g g Address TD I _ RECORD & RETURN TO: 0 4 199 :TD > t g Title Company Information C,~Gt~~~ /(0 9 Co. Name Title # ]Fff`7--- - &D--70 Suffolk Count Recording & Endorsement Page This page forms part of the attached made by: 2 1(SPECIFY TYPE OF INSTRUMENT) j The premises herein is situated in _ SUFFOLK COUNTY, NEW YORK. O In the Township of _ E or HAIAI.Jil of 1"V1:(Z r "l-rr)110 NAI IQ'r DC TVDCn nT) nnn,"M.n tai TIT A nT~ n.nI r 11 11 nnTr~n .r•r. n.•r.~nr.n .....n n.... EASEMENT AGREEMENT THIS INDENTURE made this a Sou day of 0 C sober 1999, between the Peconic Land Trust, Inc. having its principal place of business at 296 Hampton Road, P.O. Box 1776, Southampton, New York, 11969, Grantor, and the SUFFOLK COUNTY WATER AUTHORITY (hereinafter "SCWA"), a public benefit corporation having its principal place of business at 4060 Sunrise Highway, Oakdale, New York 11769, Grantee. WITNESSETH: WHEREAS, the Grantor is seized of certain premises described in Schedule A as Parcel 2A and Parcel , attached hereto and made part hereof, and has good right to convey the same (hereinafter the "Premises"); and WHEREAS, the Grantor covenants that the said Premises are free and clear of encumbrances other than those of record; and WHEREAS, the Grantee owns and operates a public water supply system adjacent to and in the vicinity of the Premises; and WHEREAS, Grantor wants to convey an easement in perpetuity on, over and across the Premises described in Schedule A to the Grantee, its successors, and assigns use, for water supply purposes as set forth below; NOW THEREFORE, the Grantor in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration paid by the Grantee does hereby grant and convey unto the Grantee, its successors and assigns forever an easement in perpetuity over the Premises consisting of the right to install, operate, maintain and repair any structures and/or appurtenances and ancillary facilities, without limitation for the purposes of taking and using water for water supply purposes together with the right to install, operate said structures and/or appurtenances and ancillary facilities to the extent the same may be required, within the Premises, TOGETHER with the right of normal vehicular and pedestrian ingress and egress over the Premises necessary to install, operate, maintain and repair such structures and/or appurtenances and ancillary facilities, TO HAVE AND TO HOLD, the rights and easements granted herein unto the Grantee, its successors and assigns, and which shall run with the Premises in perpetuity. AND said Grantor and Grantee mutually agree and covenant as follows: 1. All structures and/or appurtenances installed or to be installed by the Grantee, its successors and assigns, shall be and remain property of the Grantee, its successors and assigns, forever; 2. That the Grantee shall quietly enjoy the said rights and easements; 3. A survey dated October 21, 1999 and prepared by John Elhers, L.S. depicts the Premises described herein. 4. The Grantor agrees that the terms, conditions, restrictions and purposes of this easement shall continue as a servitude running in perpetuity with the Premises and will be incorporated by reference in any subsequent deed or other legal instrument by which the Grantor divests himself of either the fee simple title to or its possessory interest in the premises or any portion thereof specifically setting forth the date of this easement and that such conveyance is subject to the terms of this easement. This easement is intended to be recorded prior in time to that of a deed from the Grantor herein to the County of Suffolk conveying the premises described herein and more. Such conveyance is specifically subject to the terms of this easement. 5. Any rule of strict construction designed to limit the breadth of the restrictions on the 2 use of mo 1'ruati>es span not gPP+y in the construction or interpretation of this easement, and, this easement shall be interpreted broadly to effect the purposes of this easement as intended by Grantor. 6. That this easement is intended to be in conformity with that portion of Article XII Section C12-3(A) of the Suffolk County Charter which provides that portions of Suffolk County Drinking Water Protection Program lands necessary for water supply production and distribution, including ancillary facilities required specifically for such production and distribution, may be used therefor. cbtcel With sole regard to "PsFe notwithstanding anything to the contrary, Suffolk County Water Authority's use thereof shall not interfere with any rights others may have including but not limited to the County of Suffolk. IN WITNESS WHEREOF, the Grantor has executed and delivered and Grantee has accepted this easement and Grantor and Grantee have hereunto set their respective hands and seals, caused their corporate seals to be hereunto affixed and caused these presents to be signed by their duly authorized Officers, the day and year first above written. 3 Peconic Land Trust Inc. By. Ti t Cau Id, Vice-President STATE OF NEW YORK }ss.: COUNTY OF SUFFOLK } On the Z~*day of4d" in the year ~yQ before m he uttdersi ed, a Notary Public in and for said State, personally appeazed personally known to me or proved to me on the basis of satisfactory vi nce t e the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/thev CS ATE OF NEW YORK SS: C iUNTY OF SUFFOLK I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF DEED 1 1 qq8 AT PAGE -7q b RECORDED 1I-1'1 ~ AN THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DEED AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREYNTO SET MY HAND AND~AFFIXED THE SEAL OF SAID CO NTY AND COURT THIS q DAY DAY OFkPt 19-T! e. CLERK 12-0156.&95cs r uunc u, a,iu rur saiu rare, personally appearea Y Y\<<1 n rJ U t personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. `fC~rc~ 1 f 'CJ.-vim! _IJO~t'Jt-~ Notary Public DONNA MARIE MAKUSO NOTARY PUBLIC, Stete of New York No.OIMA4988471 Qualified in Suffolk County Commission Expires November 12, 1991 4 5 HEDULE A a t~k P7uzt1 b All that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point which marks the southeast corner of premises described herein which is located the following courses and distances from a point on the northerly side of Laurel Lake which marks the division line between lands now or formerly of NOFO Associates and the easterly line of lands now or formerly of Macari, described herein; RUNNING THENCE along the northerly side of Laurel Lake: 1. North 32 degrees 27 minutes 10 seconds West 94.40 feet; 2. North 75 degrees 43 minutes 00 seconds West 31.04 feet; THENCE North 30 degrees 19 minutes 40 seconds East 236.95 feet; THENCE South 89 degrees 10 minutes 20 seconds East 1.79 feet; THENCE Northerly along an are of curve which bears to the left having a radius of 61.23 feet a distance of 97.46 feet; THENCE North 00 degrees 22 minutes 40 seconds West 236.75 feet; THENCE Northeasterly along an are of curve which bears to the right having a radius of 200.00 feet a distance of 101.27 feet; THENCE North 28 degrees 38 minutes 00 seconds East 147.91 feet; THENCE North 01 degrees 15 minutes 00 seconds East 193.31 feet; THENCE North 23 degrees 00 minutes 00 seconds West 95.85 feet; THENCE North 20 degrees 53 minutes 50 seconds West 557.08 feet; THENCE South 70 degrees 23 minutes 40 seconds West 205.87 feet to the true point or place of beginning, and from said point or place of beginning; RUNNING THENCE North 20 degrees 08 minutes 09 seconds West 682.86 feet; THENCE South 63 degrees 02 minutes 40 seconds West 263.46 feet; 5 SCHEDULE A - (br(o 1 z a Pareel-A (continued) THENCE South 20 degrees 08 minutes 09 seconds East 649.16 feet; THENCE North 70 degrees 23 minutes 40 seconds East 261.61 feet to the true point or place of BEGINNING. TOGETHER with benefits and subject to the burdens of a right of way to and from Sound Avenue over a 20 foot right of way known as Laurel Lake Drive and a 25 foot right of way known as Laurel Way) a"~J, gt„eh C ,14-~ SCTM: 1000-121-4- part of 9.001 6 SCHEDULE A All that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Laurel Lake Drive which marks the southeast comer of lands now or formerly of Barbara B. Sayre and the northeast comer of the easement herein described; RUNNING THENCE South 18 degrees 02 minutes 40 seconds West across Laurel Lake Drive 70.71 feet to the`northeast comer of lands to be conveyed to the Suffolk County Water Authority; RUNNING THENCE South 63 degrees 02 minutes 40 seconds West 35.36 feet along said lands to be conveyed to the Suffolk County Water Authority; RUNNING THENCE North 18 degrees 02 minutes 40 seconds East across lands to be conveyed to County of Suffolk 70.71 feet to the southerly side of the lands now or formerly of Barbara B. Sayre; RUNNING THENCE North 63 degrees 02 minutes 40 seconds East along the southerly line of lands now or formerly of Barbara B. Sayre 35.36 feet to the point or place of BEGINNING. TOGETHER with benefits and subject to the burdens of a right of way to and from Sound Avenue over a 20 foot right of way known as Laurel Lake Drive and a 25 foot right of way known as Laurel Way, Gt o-t ~ 51"&"r SCTM: 1000-121-4-part of 9.001 7 A45 11'G CORDED 11998PC744 C 2 SEC ~vED Q Number of pages $ R~1~1 ATE PIQ4 tl 1113 QM '99 TORRENS NOV 04 1999 F.DtIARD P. P:0*'."l'it Serial# CLEFi~ (iF 'OU}J7Y SUFFOLK Certificate N TRANSFER TAX SUFFOLK COUNTY Prior Ctf, tt Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 4 FEES Page / Filing Fee Mortgage Amt. _ Handling I. Basic Tax _ TP-584 2. Additional Tax _ Notation Sub Total _ EA-52 17 (County) J Sub Total v Spec./Assn. GA-5217 (State) Or Spec. /Add. _ R. P, T.S.A TOT. MTG. TAX Comm. of Ed. 50-0-- iS 0 Dual Town Dual County 'a . Held for Apportionment Affidavit '~j~} z" • Transfer Tax Certified Copy Mansion Tax The property covered by this mortgage is or Reg. Copy will be improved by a one or two family Sub Total 7 / J dwelling only. Other ` YES or NO GRAND TOTAL If NO, see appropriate tax clause on page ft of this instrument. Real Property Tax Service Agency Verification G Connnrtnity Pt'esen'ntiott Fund eoutrrv Dist_ Section Block Lot ' Consideration Amount $ " Stamp DOD ~a2/ • Q~ Dfl CPF Tax Due $ - . ~C7g-OdJ all-aM F I Date!/- improved Initials Vacant Land L/ 7 Satisfactions/Discharges/Releases List Property Owners Mailing Add ss TD_ RECORD & RETURN TO' NOW 0 4 1999 TD TD Z/0 8 Title Company Information Co. Name r Tile # T: c2e7-`7p 9 Suffolk Count Recording & Endorsement Page This page forms part of the attached made by: SPECIFY TYPE OF INSTRUMENT) 2"-j-The premises herein is situated in I N CO(Z~i~A l SUFFOLK COUNTY, YORK. TO In the Township of tofaeMLLAGE or RAI&ET of ~ / CAL BOXES 5 THRU 99 ST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. coNSULT YOUR LAWYER REF THIS INDENTURE, made the 125fh day of OaDber in the year nineteeny BETWEEN PECONIC LAND TRUST INCORPORATED, 296 Hampton Road nilrx t Southampton, New York 11968 party of the first part, and SUFFOLK COUNTY WATER AUTHORITY, 4060 Sunrise Highway, Oakdale, New York 11769 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by"the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece orparcel of land, with the buildings and improvements thereon erected, §4KtX,)jrig& xtuftkT"X tug described on Schedule A attached hereto and made a part hereof. BEING AND INTENDED TO BE part of the same premises conveyed to the Tax Map party of the first part by deed from Joseph T. Macari dated of even designation date herewith and to be recorded prior hereto in the Suffolk County Clerk's Office. )i5t. 1000 ;ec. 121 Ilk. 04 ot(S) p/c 9.1 TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. STATE OF NEW YORK SS: COUNTY OF SUFFOLK I,~ :DWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT 01-' THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) 00 HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF DEED 112 9 S AT PAGE 7 44 RECORDED //-I `9 AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DEED AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTg SET MY HAND AND AFFIXED THE SEAL OF SAID C~UNTY AND COURT THIS DAY OF AJL d 1995 1/..use/ ~ ° CLERK ramse.S,escS i PRO CI, it ! t 02,10GArT hT l C i!;ll BCLOW IVTTHINNE)V YORK STA77: 0Ai, i L.SE ACK.v(; m_ju)GAlEA'TO7I RiiLOfl' IVTTIIPI iJEW YORKSTATE ONLI: Sut cl'i•°w1'a;k,Lounc;f SaFfo1K )ss. ClateofNini,N'ork,Counivof jM O i 1 ~•.'.i slay o: ill the year I A9 ' i n the day of in the year L( n I the ttndets I no l per;)aally appeared ,cfote m:, the undersigned, Ixascoally appewid 4- TiMothy Cctw-~iE,Ij r(-~, lMO%n to n"e 0 poved to me on the basis of sitisloctori xxsunally known to me Or prn•,,ed to me on the basis of satisfactory es -:1 nt /he the ira I idtn I(s) whose name(s) is (are) subscnlxYI tc, thr ~O&nce to be the individid(s) whose name(s) is (ate) subscribed to the v, h Wtter11 and :knt v/lodged to me that hefshe they execuiexl the within instrument and acknowledged to me that he/shdthey executed the sa. -I it i Ih~ iijr c il!ac it •(i(->), and that by hishler*,ew siguinui,s) on s une in his'her/theircalxrcity(its)., and that by his/her/their signature(s) on th rce cI ent, the, in lividu0(s. i, or the person upon behalf of which Ili,, the insurmtent, the individual(s), or the person upon behalf of which the in i. id.:,r(s) acre'., oo:utct ht: instrument inclividttsd(s) acted, executer the instrument. AN )I ItiA RIVE Notary Public, State of New York No, 01814788970 Gualif ed In Su'folk County Comm ssin t EKtirer, Nov. 30, 20aD A 1( o,4ix_iaGME(TT01iM tOR VSEHITMW VEWYORKSTATFOArl.P: 1IOLSOI{irDGwEvTFORMFOR UsFOUTSDENEWYORKSTATE ONLN. York.iRb,cribir; Witness Acknowledgment Certificale; (Oul of State or Foreign General Acknowledgment Certificate) S ,a, c tt,' ew York, Ccu nh of ) Ss.: . } SS.: (Complete Venue with State, Country, Province or Municipality/ 0 hr day of in the year bt fi re rt, the ttadeisigm (1, )ersonally appeared On the day of in the year before rie, the undersigned, personally appeared th::: tilt Q i ibing witnt ss '.o the foregoing instrument, with whom t art , pert :-r ;1!'.. , acquainha, vil-o, being by me duly swom, did depose and personally known to me or proved to me on the basis of satisfactory sr it Ii ii -es d :(s; in evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they (i 'I; ¢ of re.; del re i:u I a ciN, include the street and street ncmber, j' executed the same in his/henttheir capacity(ies), that by his/her/ their that hu she/ hey know(s) ' signature(s) on the instrument, the individual(s), or the person upon behalf c f which the individual(s) acted, executed the instrument, and 1( I:. individua desc~ibed in and who executed the foregoing that such individual made such appearance before the undersigned it T,turncnt that said sub,ctibing witness was present and saw said in tie e: d. me he same; and th it said witness at the same time subscribed (Inserl the city or other pob' ical subdivision and the state or country or It III to .'vi-:ir narne(r•) as a witness thereto. other place the acknowledgment was taken). BP.,2CA N & SALE DEED WITH C01 IINAP 5 A( ArNST ORANTOR'S ACTS flTl.l No DISTRICT SECTION BLOCK LOT TC COUNTY OR TowN RECORDEDATREQUESTOF Fidelity National Title Insurance Company of New York RETURN BY MAIL TO 'll)F ITYNA1]ONuTITLE INSURANCE John C. Milazzo, Esq. COMPANY OFNEwYORK Suffolk County Water Authority INCOR? X, TED 11128 4060 Sunrise Highway FidelityOakdale, NY 11769-0901 Alemtr•r N,r• rot it )ate Land Title Artxiation i l f7 U i c1 <.1 C. T C4 ° II I~• 01, r,V7 9922707 w ERIC SC14 e,,. -71'1'LL 1NJUKANCL C OMPAIN Ulu N1_yy lj yl'tY' NA'I'IUNAL Y ~ »a q Pik Title No. FNT9922707 SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the northerly side of Laurel Lake which marks the division line between lands now or formerly of NOFO Associates and the easterly line of lands now or formerly of Macari, described herein; RUNNING THENCE along the northerly side of Laurel Lake: 1. North 32 degrees 27 minutes 10 seconds West 94.40 feet; 2. North 75 degrees 43 minutes 00 seconds West 31.04 feet; THENCE North 30 degrees 19 minutes 40 seconds East 236.95 feet; THENCE South 89 degrees 10 minutes 20 seconds East 1.79 feet; THENCE Northerly along an arc of curve which bears to the left having a radius of 61.23 feet a distance of 97.46 feet; THENCE North 00 degrees 22 minutes 40 seconds West 236.57 feet; THENCE Northeasterly along an arc of curve which bears to the right having a radius of 200.00 feet a distance of 101.27 feet; THENCE North 28 degrees 38 minutes 00 seconds East 147.91 feet; THENCE North 01 degrees 15 minutes 00 seconds East 193.31 feet; THENCE North 23 degrees 00 minutes 00 seconds West 95.85 feet; THENCE North 20 degrees 53 minutes 50 seconds West 557.08 feet; THENCE South 70 degrees 23 minutes 40 seconds West 205.87 feet; THENCE North 20 degrees 08 minutes 09 seconds West 682.86 feet; THENCE North 63 degrees 02 minutes 40 seconds East 217.48 feet; - continued on next page - PACC ISLITI~ NATIONAL 'TITLE INSURANCE COMPANY itle No. FNT9922707 SCHEDULE A (continued) THENCE South 26 degrees 57 minutes 20 seconds East 32.80 feet; THENCE South 24 degrees 01 minutes 50 seconds East 494.33 feet; THENCE South 20 degrees 53 minutes 50 seconds East 740.35 feet; THENCE South 23 degrees 00 minutes 00 seconds East 105.68 feet; THENCE South 01 degrees 15 minutes 00 seconds West 300.26 feet; THENCE North 88 degrees 45 minutes 00 seconds West 50.00 feet; THENCE South 01 degrees 15 minutes 00 seconds West 388.60 feet to lands now or formerly of SCWA; THENCE South 48 degrees 52 minutes 50 seconds West 16.94 feet; THENCE South 40 degrees 35 minutes 00 seconds West 420.00 feet to Laurel Lake, the point or place of BEGINNING. TOGETHER with benefits and subject to the burdens of a right of way to and from Sound Avenue over a 20 foot right of way known as Laurel Lake Drive and a 25 feet right of way known as Laurel Way, and a 25 foot right of way known as Crescent Way; State of New York ) ss.. County of Suffolk ) Michael A. LoGrande, being duly sworn deposes and says: I am the Chairman and the Chief Executive Officer of the Suffolk County Water Authority. The Suffolk County Water Authority (the "SCWA") is the owner of a certain piece of real property located on the north side of the Long Island Railroad's track in Laurel, in the Town of Southold, County of Suffolk, State of New York. Said property has the Suffolk County Tax Map identifier number 1000-121-5-5.1 (hereinafter the "SCWA Property"). The SCWA Property shares a common border with certain real property with the Suffolk County Tax Map identifier number 1000-121-4-9.1 purportedly owned by Joseph T. Macari (hereinafter the "Macari Property"). SCWA in conjunction with the County of Suffolk by its Department of Planning, Division of Real Estate and the Peconic Land Trust, Inc. has been negotiating the potential purchase of the Macari Property. Under the current negotiations, SCWA would receive a 7.8 acre piece of the Macari Property which it intends to merge with the SCWA Property as indicated on the survey prepared by John Ethers, L.S. and dated August 2, 1999 and amended August 10, 1999 and amended September 9, 1999 attached hereto as Exhibit A. SCWA would also receive an easement over a portion of the Macari Property for use for water supply purposes. If the Town of Southold Department of Planning approves the pending Lot Line Modification, and if the SCWA closes title on a portion of the Macari Property, the portion of the Macari Property purchased in fee by the SCWA will be merged with the SCWA Property. I make this affidavit, as Chairman and CEO of SCWA in support of the Macari Property Lot Line Modification Petition submitted by the Pec is Land Trust Inc. Michael A. LoGrande, Chairman/CEO Sworn to before me this Sep~e~e~ 13-day of 1999 o~ Notary Public JEAN CARUSO Mel" 1ki ft, State of New V94 Ne. 01CA5836730 w-- '1 ~eA^E'Pk"DOWnberSt. • COUNTY OF SUFFOLK • ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING September 9, 1999 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Bd. Main Road SEP 13 1999 Southold, New York 11971 Southold Town Plat Name: Macari, Joseph/SCWA Planning Bard Tax Map No.: 1000-121-04-9.1 and 1000-121-05-5.1 SCPD File No.: S-SD-99-05 Dear Mr. Orlowski: Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County Administrative Code, the above captioned proposed final plat which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Sincerely, Stephen M. Jones, AICP Director of Planning Andrew P. Freleng, AICP Principal Planner APF:cc G.=H0RNY)SU8DM1-MSEPnSD9M.8EP NOTE: Please consult the Suffolk County Planning Commission Subdivision Guidebook for complete referral requirements. This Guidebook can also be found on the Internet @ www.Co.Suffolk.NY.US./Planning/GUIDBK98.httnl. LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ¦ P. O. BOX 6100 • 1516) 853-51- 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER IS 16) 853-4r_ P.02 COUNTY OF SUFFOLK • ?~5 RceEirr J. OAr SUFFOLK COUNTY EXECLMVC OEPARTMENT OF PLANNING S PNCU M. JONES. A.I. C.R. September 9, 1999 C!RECTOR Or RUWNN( Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Bd. Main Road Southold, New York 11971 SE P 1 n I~~y Plat Name: Nlaeari, Joseph/SCWA Southold Town ex Map NO-: 1000-12104-9.1and 100a-121-05-5 Planning Board SCPD File No.: S-SD-99-05 Dear Mr. Orlowski: Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County Adtninistradve Code, the above Captioned proposed final plat which has been referred to the suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval, Sincerely, Stephen M. Jones, AICP Director of Plansidng Andrew P. Freleng, AICP Principal Planner APF:cc r-=HaVM$uBDN MaFT%6DB46.BBP NOTE: Please consult the Suffolk Count}' Planning Commission Subdivision Guidebook for complete referral requirements. This Guidebook Can also be found on the latemet www.Ca.SuffoLk.NY.US./Pl=ning/GUFDBKgg,htini, TOTAL P.02 ~s Submission Without a Cover Letter Sender: T L:- -I-Subject: Mclrari f _ SCTM#: 1000- Date: 9 /c /f 9 Comments: 6 M ys weed SEP 10 1999 Southold Town Planning Board r that pursuant to Sectia Me - Town Law, a public hearns; will - - STATE OF NEW YORK) held by the Southold Town ning Board, at the Town Hall,. Maim )SS: Road, Southold, New York.nt said Town on the 13th day of September, or formerly of NOFO. Associates OUNTY OF SUFFOLK) 1999 on the question of the follow- - and by land now or formerly,of The ~n,~_! n 1..Q r' Of Mattituek, in said 1 /1 IC.[ 1 L1 l ing: loan Ryan' Family Trust: on the CA 7:30 P.M. Public hearing for the sown by good now or formerly Of county, being duly sworn, says that he/she is proposed lot dine change for Joseph ` long Island Railroad, by land now or Macmi and Suffolk County Water formerly of Judith A. Greco, and by Principal clerk of THE SUFFOLK TIMES, a Authority, in Mattituck, Town of lard or formerly of Scott d weekly newspaper, published at Mattituck, in -Southold, County of Suffolk, State Albrecht: and on the west by land Y of New York. Suffolk Cmrmy Tax now or formerly of Michael Ryan, the Town of Southold, County of Suffolk and Map Number .1000-121.49.1 and by land now or formerly of Pamela . Izt-s•s.t. Lilli Ambatz and others; by land State of New York, and that the Notice of which The y la bordered on the :now or. formerly of Thomas J. the annexed is a printed copy, has been regu- north by Sound Ave. (County RL Gmman: byland now or isarm"Iy of del by land now or.laru>crly of NaauogRoldingCorp.,bykudnmv larly published in said Newspaper once each Edward J. V0cmer & Genevieve or formerly of Cornelia M: Shapiro week for weeks successively, Wocamor. by land now or ImMerly & Rooald A. Shapiro, by land now of Janet Jaaombek and others, by ~I or farmalyof Bradley L Bela & 2ommene' g on the f' day land now of formerly of Genevieve I jaw B. Betz, by lard roar or for Jf 19 A. Wossaner, Constance M. King & , Truly M Marion E. Smith family Barbara C. Boner, by lard now or Tana by ose now or formerly for- formerly of Peter J. Sabel, Cynthia Doadd Raven, by land now tor- n M. Schneider and Mark P. Sabot, by Rose of Carol Rich and or Donald ` - lIC l~~l (.l r her Poem, titad a or formerly t, by l ' Principal Clerk lead now o<~ r9'Wioroverly of Paul Scott k Bharat athi Scott, by land nd _ t D ei Mark Barbara $ Sayre, by land now or , now or forarerly'of Grace ' formal* ofAABRkeskyFacames Schalkham & Grace Marjorie ,Worn t0 bef0 a me this /~/t- Ho Corp.,Kby and now or for- Schalkksss, by land now or formerly land of Joseph. V Maids & Patricia G.. ay Of 19 yg overly gPiiblia remsr iry . now oCl,[oimerly of Suffolk County Maids, by land now Of tormerly of . water Authority, kkW now or Steven Brautigam, by hind now or ¢ fat FOS' CEa YORK tormerN}. of Brake Ykak, by land formerly:. Of Sianley Wmat- PC NOTAft1 r u ;i o~ 1!E J' ?~J now at formerly ..of Michael 'Retirement Phan, by label now or`.' S~,3t40ti" z'DLNTY d AdamasNicz a ad others. and by land formerly of Peconic Homes Corp., r,...,_il il, Zv now or 4phawly of Barbara Am by land now or formerly of County Kujawski and William W. Ruscht on of. Suffolk; and by Kirkup Lane. the east by land now or formerly of Dated: August Ills 1999 SuffolkCoanty Water Authority, by BY ORDER OF THE land now or forme ly. d. Barbara ' SoLTHOLDTOWN Kujawstf and by laidnow or for- PLANNING BOARD overly dMarflyn Gott & Walter, Bennett Orlowski, Jr. Gatr, off ft southeast by land now Chairman - 1818-1TS2 PLANNING BOARD MEMBLO gUFFO(,~ . CQG Town Hall, 53095 Main Road BENNETT aiman HI, JR. h~ 'yam P.O. Box 1179 Chairman Southold, New York 11971 WILLIAM J. CREMERS co Fax (516) 765-3136 GEORGE KENNETH L I L. ELATHAM JR. Telephone (516) 765-1938 RICHARD G. WARD oy'J101 * ~a~~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD S_1999 Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Gerard Newman, 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 Jose Macwz, - S.C-WJ kte A. Hamlet/Locality MQ-4 A jc~-\ S.C.D.P.W. Topo No.: Zoning I\' gC) S.C. Tax Map No.: 1000 -IA 1 4 - 9.1 4. al - S - s. 1 Major Sub. Minor Sub. Site Plan Cluster Lot Line Change MATERIAL SUBMITTED: u ~~PA spo~sq z Preliminary Plat (S copies) Road Profiles (1) Drainage Plans (1) Topographical Map (1) Site Plan (1) Grading Plan (1) Other materials (specify and give number of copies) I~r~ (e S61U~\OY~1 6t• ~T~ Waiver of Subdivision Requirements - See attached sheet Page 2 Southold Town Planning Board Referral Referral Criteria: l,I~/LYI St~U ~ of ~o ~nTv~~ ~ o /lC~ SEQRA STATUS: 1. The project is an (%A) Unlisted Action ( ) Type I Action ( ) Type II Action 2. A Negative Declaration ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. 3. E.I.S. statement enclosed. ( ) Yes (X) No 4. The proposed division has received approval from the Suffolk County Department of Health. ( )Yes (x )No NA Comments: -1 \e(ra~e pS.an 81171iil e.g. rescl 4,a.v ~a Ck~k1t)t'110raC __~N~armc._7.ti`o-N ~v w'{~au~~'~y roPas 9 We request acknowledgement of receipt of this referral ( ) Yes ( ) No Referral received 1997 by the Suffolk County Planning Commission and assigned File No. Sincerely, Bennett Orlowski, Jr. Chairman cc: Lydia Tortora rev. 6/94 PLANNING BOARD MEMBEO SUFFO(,~ • CQG Town Hall, 53095 Main Road BENNETT ORLOWSKI, JR. ~Q y P.O. Box 1179 Chairman o= Southold, New York 11971 WILLIAM J. CREMERS W Fax (516) 765-3136 KENNETH L. EDWARDS .F Telephone (516) 765-1938 GEORGE I RICHARD G. WARD + JR. PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 17, 1999 Rae Lapides Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Proposed lot line change for Joseph Macari - Suffolk County Water Authority - SCTM# 1000-121-4-9.1 & 121-5-5.1 Dear Ms. Lapides: The following took place at a meeting of the Southold Town Planning Board on Monday, August 16, 1999: WHEREAS, this proposed lot line change is to subtract 7.8 acres from a 63.57 acre parcel owned by Joseph Macari; and WHEREAS, the remaining acreage of the Macari parcel (55.77 acres) will be purchased by Suffolk County through the Safe Drinking Water Program; and WHEREAS, the 7.8 acre area will be merged with adjacent land owned by the Suffolk County Water Authority; and WHEREAS, the Suffolk County Water Authority, in addition to obtaining the 7.8 acre area, will obtain a 4.0 acre easement area on the parcel to be purchased by Suffolk County, as shown on the Lot Line Change for Macari - Suffolk County Water Authority; and WHEREAS, the partnership with Suffolk County and Suffolk County Water Authority has been proposed in order to protect the aquifer; and WHEREAS, all parties involved have reached an agreement in principle in Page 2 Proposed lot line change for Joseph Macari - Suffolk County Water Authority August 17, 1999 regard to the proposal; be it therefore RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as Lead Agency, and as Lead Agency makes a determination of non-significance and grants a Negative Declaration. BE IT FURTHER RESOLVED that the Southold Town Planning Board set Monday, September 13, 1999, at 7:30 P.M. for a final public hearing on the map dated August 10, 1999. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The sign and notification form are enclosed for your use. Please return the endorsed Affidavit of Posting and the signed green return receipts from the certified mailings on the day of, or at the public hearing. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. S Chairman enc. / PLANNING BOARD MEMBF6 ~61641i`l C 0 QG Town Hall, 53095 Main Road BENNETT ORLOWSHI, JR. ~f.~ P.O. Box 1179 Chairman o Southold, New York 11971 WILLIAM J. CREMERS y x Fax (516) 765-3136 KENNETH L. EDWARDS W • Telephone (516) 765-1938 GEORGE RICHARD WARD JR. HARD PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant August 16, 1999 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, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed lot line change for Joseph Macari and Suffolk County Water Authority SCTM#: 1000-121-4-9.1 & 121-5-5.1 Location: south side of Sound Ave., Mattituck SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This lot line change is to subtract 7.8 acres from a 63.57 acre parcel (SCTM# 1000-121-4-9.1), and to add it to an adjacent 69.43 acre parcel (SCTM# 1000- 125-5-5.1). The remaining 55.77 acre parcel will be sold to Suffolk County through the Safe Drinking Water Program. The 7.8 acre area will be merged with adjacent land owned by the Suffolk County Water Authority. Page 2 SEAR Negative Declaration -Joseph Macari/Suffolk County Water Authority August 16, 1999 Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. One of the parcels involved in the lot line change (SCTM# 1000-1214-9.1) will be purchased by Suffolk County through the Safe Drinking Water Program in order to protect the aquifer. The other parcel will be merged with adjacent land owned by the Suffolk County Water Authority. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (516) 765-1938 cc: John P. Cahill, DEC Albany Roger Evans, DEC Stony Brook Suffolk County Dept. of Health Suffolk County Planning Commission Suffolk County Water Authority Elizabeth Neville, Town Clerk Applicant Submission Without a Cover Letter Sender: John ?-h k Ls Subject: Mcua.r i - sGw ~t SCTM#: 100I0- Date: r I ' Z (qq Comments: ~f devised pans F Q' AO 4 tJ~~ Notice of Hearing A public hearing will be held by the Southold Town Planning Board at Town Hall, 53095 Main Road, Southold, New York, concerning this property: OWNER(S) OF RECORD: Joseph Macari and Suffolk County Water Authority NAME OF APPLICATION: Lot line change for above REFERENCE/TAX MAP 1000-121-4-9.1 and 121-5=5.1 SUBJECT OF HEARING:# This lot line change is to subtract 7.8 acres from a 63.57 acre parcel (SCTM# 1000-121-4-9.1), and to add it to an adjacent 69.43 acre parcel (SCTM# 1000-121-5-5.1). The remaining 55.77 acre parcel will be sold to Suffolk County through the Safe Drinking Water Program. The 7.8 acre area will be merged with adjacent land owned by the Suffolk County Water Authority. TIME & DATE HEARING: Monday, September 13, 1999 at 7:30 p.m. If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the hearing during normal business days between the hours of 8 a.m. and 4 p.m. PLANNING BOARD - TOWN OF SOUTHOLD - (516) 765-1938 Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a lot line change. 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: Proposed lot line change for Joseph Macari and Suffolk County Water Authority SCTM#1000-121-4-9.1 and 121-5-5.1, located on the south side of Sound Ave. 3. That the property which is the subject of this application is located in the R-80 zone. 4. That the application is to subtract 7.8 acres from a 63.57 acre parcel (SCTM# 1000-121-4-9.1), and to add it to an adjacent 69.43 acre parcel (SCTM# 1000-125-5-5.1). The remaining 55.77 acre parcel will be sold to Suffolk County through the Safe Drinking Water Program. The 7.8 acre area will be merged with adjacent land owned by the Suffolk County Water Authority. 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board office at (516) 765-1938. 6. That a public hearing will be held on the matter by the Planning Board on Monday, September 13, 1999 at 7:30 p.m. in the meeting hall at Southold Town Hall, Main Rd., Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owners Name(s): Date: PECOA • LAND TRUST ~ t 296 Hampton Road, P.O. Box 1776, Southampton, NY 11969 (516) 283-3195 Fax: (516) 204-0711 w pecomdandtruacorg August 2, 1999 Mr. Bennett Orlowski, Jr., Chairman Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 RE: Macari Laurel Lake Property SCTM# 1000-121-4-9.1 Lot Line Change Application Dear Mr. Orlowski; Enclosed please find an application for a lot line change for Mr. Joseph Macari's property adjoining Laurel Lake. I am enclosing the following information as part of the application: ? Notarized letter by owners of properties approving of the change and stating reasons for the change. ? Affidavit declaring that upon approval the property will be merged. ? Existing covenants applying to either of the properties. ? Letter regarding drainage, roads, and grading.. ? Short Environmental Assessment Form, Part I. ? Town of Southold Application Form ? A completed questionnaire ? Eight copies of the survey Thank you for your attention and consideration. Sine ely, GLC- V ae Lapides Project Manager t~ , t- ae Enclosures £t CC: Mr. Joseph Macari AuG 1999 Enut told Town Planning Board PECOA LAND TRUST • 296 Hampton Road, BO. Box 1776, Southampton, NY 11969 (516) 283-3195 Fax: (516) 204-0711 w pemnidandtrust.org August 2, 1999 Mr. Bennett Orlowski, Jr., Chairman Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 RE: Macari Laurel Lake Property SCTM# 1000-121-4-9.1 Lot Line Change Application Dear Mr. Orlowski; I am representing the owner of approximately 64 acres on the south side of Sound Avenue, adjoining Laurel Lake Drive, and known as SCTM#1000-121-4-9.1. We have requested a lot line change involving 7.8 acres of this property, as shown on the enclosed survey, dated by John Ehlers, L.S., to be merged with Suffolk County Water Authority Property known as SCTM#1000-121-5-5.1. Suffolk County Water Authority has proposed that a property trade would be advantageous to both parties. Mr. Macari will trade 7.8 acres plus 4 acres "use easement" for the Suffolk County Water Authority's 11.8 acres on Bergen Road, just north of Sound Avenue. This will give Suffolk County Water Authority another protected well site as well as add the Bergen Road property to Mr. Macari's adjoining property north of Sound Avenue. Therefore, I would like to notify the Town of Southold that Mr. Macari is in complete agreement with this proposed lot line change and ask for your approval. Thank you for your attention and consideration. Si redly, Rae Lapides Project Manager CC: Mr. Joseph Macari STATE OF NEW YORK ) COUNTY OF ) SS: Joseph Macari being duly sworn and says: I am the Owner of a certain parcel of real property (approximately 64 acres) located on the south side of Sound Avenue between Kirkup and Laurel Lakes Drive in the Town of Southold, State of New York. Said property has the Suffolk County Tax Map identifier number 1000-121-4-9.1 (hereinafter the "Macari Property"). The Property shares a common border with certain real property with the Suffolk County Tax Map identifier number 1000-121-5-5.1 owned by Suffolk County Water Authority (hereinafter the "SCWA Property"). The proposed merger of 7.8 acres of this property will happen during a like-kind exchange between Mr. Joseph Macari and the Suffolk County Water Authority. Mr. Joseph Macari agrees to exchange with the Suffolk County Water Authority said 7.8 acres plus a 4 acre "use easement" on the south side of Sound Avenue with the Suffolk County Water Authority's 11.8 acres on Bergen Road north of Sound Avenue. Mr. Joseph Macari hereby declares that upon approval of the lot line change by the Town of Southold, 7.8 acres of the Macari Property will be merged with the SCWA Property. The Macari Property parcel is indicated on the survey prepared by John Ehlers, L.S. and dated------ and attached hereto as Exhibit A. I make this affidavit, as Owner of the Macari Property and in support of the Macari Property Lot Line modification Application submitted to the Town of Southold. Mr. Joseph Macari Sworn to before me this day of 199_ Notary Public RUG-02-1999 11126 SOAR CHRIRrrANS CFC. 515 563 0370 R.02 L • 0 State of New York ) ss.: County of Suffolk ) Michael A. LoGrande, bing duly sworn deposes and says: I am the Chairman and the Chief Executive Officer of the Suffolk County Water. The Suffolk County Water Authority (the "SCWA") is the owner of certain piece of real property located on the north side of the Long Island Railroad's track in Laurel, in the Town of Southold, State of New York. Said property has the Suffolk County Tax Map identifier number 1000- 121-5-5.1 (hereinafter the "SCWA Property). The Property has shares a common border with certain real property with the Suffolk County Tax Map identifier number 1000.121-4.9.1 purportedly owned by a Joscph T. Macad (hereirudler the "Macari Property'j. SCWA in conjunction with the County of Suffolk by its Department of Planning, Division of Real Estate and the Peconic Land Trust has been negotiating the potential purchase of the Macari Property. Under the current negotiations, SCWA would receive a 7.8 piece of the Macari Property which it intends to merge with the SCWA Property as indicated on the survey prepared by John Elhers, L.S. and dated and attached hereto as Exhibit A. If the Town of Southold Planning Department approves the Lot Line Modification, and if the SCWA closed title on a portion of the Macari Property, the portion of the Macari Property purchased by the SCWA will be merged with the SCWA Property. I make this affidavit, as Chairman and CEO of SCWA in support of the Macari Property Lot Line Modification Petition submitted by the Peconic Land Trust. Michael A. LoCTrande, Chairma CEO Sworn to before me this day of_,1999 Notary Public RUG-E2-1559 11 26 SCWR CHAIP.MANS OFC. 516 5463 0, P.03 • 0 SCUD R ~r SCHEDULE B FXCMICNS :RCH OVERAGE POLICY NO. 166-003871 FILE NO. RI522098 This policy does not insure against lose or damage land the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Telep)nne and Electric Agreement in Liber 965 cp 350. 2. Electric Agreement in Liber 1122 cp 29. 3. Drainage Easement in Liber 5712 cp 315. 4. Surrey made by Roerick Van Tlp•l P.C. dated 11/14/86 shows premises as unimproved vacant land. No encroachments shown (parcel I). 5, Corpany excepts any state of facts since date of above survey. 6. Survey made by Roderick Van Tuyl P.C. dated 11/14/96 shows preni5e9 as unimproved vacant lard. No encroachments shoes (parcel 11) . 7. Canpany excepts arrf state of facts sine date of above survey. 8, Survey made by Roderick Van Tuyl P. C. dated 11/12/86 shows premises as uninproved vacant land. No encroadunan.ts shown (parcel III). 9. Carpary excepts any state of facts since date of above survey. 10. Survey made by Roderick Var. Tuyl P. C. dated 11/12/86 shows premises as uninpoved vacant land. Lilco easanant traverses premises. No other variations qlo (pawl M. 11. many excepts any state of facts since date of above survey. 12. Rights or claims of parties other than insured in actual possession of any or all of the property. TOTAL P. a3 PECONt LAND TRUST • 296 Hampton Road, PO. Box 1776. Southampton, NY 11969 (516) 2833195 Fax: (516) 204-0711 w .peconidandtrmt.org August 2, 1999 Mr. Bennett Orlowski, Jr., Chairman Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 RE: Macari Laurel Lake Property SCTM# 1000-121-4-9.1 Lot Line Change Application Dear Mr. Orlowski; I am representing the owner, Mr. Joseph Macari and the following statements are offered for your consideration in the review of the above-mentioned lot-line change and its referral to the Suffolk County Planning Commission: 1.) No grading, other than foundation excavation for a residential building is proposed. 2.) No new roads are proposed and no changes will be made in the grades of the existing roads. 3.) No new drainage structures or alteration of existing structures are proposed. Thank you for your attention and consideration. Sincerely, q! 4Rae Lapides Project Manager CC: Mr. Joseph Macari \\PEC PDC\SHARED\PROIECTS\Macari SCWAMOwn\Tcwn Board re drainage em 072799 doe Cf ( i l b ~i+C~ ~f'i{5~?Ah'e7' fj ve N N.*~ ~Y A ~ ~tR''F+ c1.3a,FYYt1yM~Li~ S q" r4,11IR my v . 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I }t , y irl f ! 3 ! ) JU ~r~.11'A rY<L?g-- 4W 4 w1'rl 3 h}1 t..ti~. (4 r1 i' ey r lF f r t a: e - ty+i.A'` h k V 4. .eel .w 1 f t t } t J' t i .,}5 -:t 1 t i t e Fy .er 3GAS w ,~xy r e f u l.vt4y 5- w A t o t ; Yk .dar a y r t A r4. rt n. l ft Jt _.3 'tom S, ..1 $ y:Rt ~ < T t 4i Y S ' A ^ ~ Y 1 ;y i 1 P.4 ! JY+1~'J a[yt~ C I -~Yrr J t ) LJ. 7 F111 Y y ~~N.+'Y. a JS N .'[§.P1 f 4 S F+ S N V s i4 p 5 ~ zJ a 1, t + C4^a~A..2t .w. Y,,. i at f`4 #?r x 1 T i- f J naY...~ 4`t"r'2 4 rF .s, 3 1r 1r71 yl° , ,Aa j ^t r f Y` Y. c ~x , t A*~af"i fSY ^ J"'a'+...~r` ~ Ye rS.° t _ ~ > 1 t t ; n N T. e. .t Y\ r/') ~v P fro' K ~ r s.5 ~ , K h r t 7 3~ ~ vtir~i Yrw .mss 3"'c{"S'~ r X 2 I ,S ~j ~tY tr v' 1:: t'cy F Y-K ' - *tir i ~r 1 ~~)OS .tn ~ .V t,~ .t 5 t"h~i a J A .v1 a >4 F a t7. y e , k v~~. Qe Y3- •hnt r;; `A>^'~ 4 yTl . y-YJYIrvr Y 1 ~.f t 1 M1 W 4 ! - <~f44 7{ h1..~SY^A ''f[`i4+A (~..eks:.a?z..7 Iffi+.'Y ? x Y, re 2Y..> M t v e 4 ; p t 3a '*'y G•;' ~i4 ~X~^~6tp>~3^t`t3~~,. x." ~ -L T., rr tj ~,`it''v ~7' xv;'a 'v"tkai. IS {-x vf: i .ixit~K^s"~'r h .f yhf2j'IG AIS~~~~~~~Y'- `s~i'~~^'R. W`.'~7: D`m'i9riti«,. df>D{`d•• _ ~ ~ 'pfz6. r. And that these covenants shall be taken to be real covenants running with h' and binding upon the successors and assi,,,ns of the party of the second par;ti•. until January 1, 1930, when they shell cease and terminate. 1. ' T-GiiTUZ with the appurtenances and all the estate and rights. the party of the first part in Lnd to said premises, TO H[.Vd AND TO HOLD; the premises herein b~ranted unto the party of the second part, his heirs ' and assigns forever. LND said party of the first part does covenant as follows;!. ' FIRST. That said party of the first part is seized of said premises in.fe simple, and has good rir_ht to convey the same; SECOND. That the party of the second part shall quietly enjoy the said premises; THIRD. That thus" premises are free from incambrances; except as above mentioned. FOURTH:' That the party of the first part will execute or procure any further necessa assurance of the title to said premises; FIFTH. That said party of the''„ first part will forever 6iiidatJT the title to said premises. IN WITNESS!, WHzi!iOF, the party of the first part has hereunto set her hand and seal',t e d.y and year fir=_t above written. ~E•.. In Presence of Elizabeth J. Beale H„NMF Ji. OLTROW5 'L; State of i4eve York, Jounty of ouffolk SS.; On this 14th day,, F} of October ivin=_teen Hundred and twenty-four before me, the subscriber, personaliy appeared Hannie m. Oltro,,6e to me personally known and known to' *1 ,05 me to be the szm.6 person deSCribEd in and who executed the within Instrumen and she duly acknovrled,;ed to me that she Executed the same. alizabeth J. Deuls, i+otarv rublic, auffolk Jo., N.Y. ~:`fcorded 31 Oct. 192e 0 11;39 ir.cd. Compared by ,s THIS Ii4.Ui LJra, made the dcy of oeptember, nineteen hundred and twenty-four, Bj%iii ~LB.rl' ,L1aK and uL&IiL:a ui:laK, his wife, of /D Nantucket, County of Nantucket, Jommonwealth of massachusetts, formerly of Pest Sayville, Lon,; Island, Nev, York, parties of the first part, and LOUISE V..N POPaiiliJu, kar.THa 'i.,i ruPaR1 Ju, Ii1LHaLtilltl., m, V..N POPERING and CORLNELIUS I ,^T V_N POPERINU, all of Vest aayville, Long Island, Nev. York, parties of the' a second part WITNESSsTH, that the parties of the first part,' in considers,* ;o of ONa DOLL&R, lawful money of the United States, and other good and value a I I ' I V TTT~ ~ ~i considerations, paid by the parties of the second part, do hereby rent and rl<_ase unto the parties of the second part, their heirs and assi&as forever, LLL that tract or parcel of land, situ:ae in the Town of Islip, County of Suffolk, and State of New York, in the Villa,;e of 'lest 04yvi1le and bounded and described as follows: Be,;inninG at a point on the easterly side of i;Est BtCEe and at the northwest corner of t}e land now or formerly of John DE iiaal, running thence easterly by and with said land of John DE Kraal about one hundred and fifty eight (158) feet io land now or formerly of Gabriel Di iiaal; thence northerly by and with said land of Gabriel De Waal and the land now or formerly of Jacob Da Waal about sixty-six (66) feet to land now or formerly of Pe :Er Schaper; thence westerly by and with the land of said Peter Schaper about one hundrad and sixty- ' I four (164) feet to the easterly side of said iiEst Street; thence southerly by and r. with the easterly side of said nest Street about sixty-six (66) feet to the point or place of bc6inninG. BEin6 the same property conveyed to us by .rie Schaper and Etta Schaper, his wife, by indenture dated -eptember 14, 1921, rECOrdad in Suffolk County Clerk's office in Liber 1032 of Leeds page Zb1_. 1OuZTh,:, with the appurtenances and all the estate and rights of the •E tl; parties of the first part in and to said premises. TO HI:VF >ND TO HOLD the premises herein granted unto the parties of the second part, their heirs and assiL forever. find said filbert Griek and Gabriella uriEk, parties of the first part 2 covenant as follows: F1r',ST. That said nlbert uriek and uabriEll? Griek are seized of the said premises in fee simple, and hive tiood ri Ght to convey the scmE; k:' ! SECOir'D. That the parties of the second part shall quietly enjoy the said premises " THIRD. That the said premises are free from incumbrances; FOMTH. That the (parties of the first part will execute or procure any further necessary assurance the title to said premises; FIFTH. That said parties of the first part will forever warrant the title to the said premises. 1N WITNESS the parties the first part have hersunto set their hands and se_ls the d-y and ,ye-r first abo written. In presence of i,Li3ac1T ti,, (SLbL) r ' aqx iston Bunker GABi{I3TL~; GLi1DK(Sii.l) State of Massachusetts, Oounty of Nantucket, as.: On the twenty-fift day of September nineteen hundred and twenty-four before me came ..lbert uri.k anc Gabrielle Griek, his wife, to me known to be the individuals described. in, and 7 who executed, the foree;oing instrument, and acknowledged that they executed the same. L.S. Lauriston Bunker, Notary Public, Nantucket County, idassachusetts. My Commission expires April 30. 1931. nn.,.dnWTR:.1.TH OF rvii„S8LCHUSFTTS. CJJJT'Y OF Nf.NTJJKiT, SS.: I. JOHN C. ~Record having a seal,/ 1)0 HcnEBY #11TIFY That Lauriston Banker, whose name is subscribed to the Certificate or Proof of ncknov,ledfinent of the annexed instrument, and therein written, was, at the time of taking such P or Acknowledeemt,, a Notary rublic in and for said county, duly authorized- take the same, and authorized by the laws of the State Lo take 'acknowiedgm of deeds to be recorded therein, and further, That I am acquainted with th I hand-writing of said Notary, and verily believe that the si,nature to trek Certificate of -roof and ..cknowledgment is genuine. In Testimony Whereof,.; have hereunto to set my hand and affixed the Seal of said Court, at Nantuc4 this twenty-fifth day of September A.D. 1924 L.S. John C. Jones, Clerk. ~ i corded 31 Oct. 1924 as 11:43 A.nd, x(°h Compared by~(~ c x e _7. t (.p1.00 U.S.I.R.S. CLN.j { / THIS IiiDiaTUHs, made the ciahtecnth day of July, nineteen hundred and twenty-four, BKV;c'Eia THn Vuh. F. G,.HDINEii COadPLNY., a domestic;;:;; oL corporation, of ouffolk County, New York, party of the first part, and LITPi v NECK BUNGLLOVi HUILD.:iiS, IA., ii domestic corporation, hsvine its principal. office at 67 Liberty Street, Borough of adanhattan, City, County and State o: New York, party of the second Dart, WMESSETH, that the party of the firs' part, in consideration of Oian HUM)2dii) (w100) dollars, lawful money of the I United States and other valuable considerations,paid by the party of the second part, does hereby gr-nt and release unto the party of the second par' its successors and assi;,ns forever, LLL that lot or parcel of land, with the buildings and improve i ments thereon, known as lot number Nineteen (19) on Lisp of property of John A. Potter at Bellport, L.I. Said map beine; filed in the office of the Count Clerk of Suffolk County, Riverhead, L.I., day.lp, 1907, file number 324. Said lot being bounded as follows: One hundred (100) feet on Howells Point Road, Two hundred and seventy-two (272) feet on south side, and Two hundred and fifty-one (251i feet on north side. TJGnTHiiH with all the right, title and, interest of the grantor in and to the bed of maple avenue, now known as' Howells Point Road, loins in front of said premises to the can ter line thei ~i. The northerly boundary line of said property being the southerly boundary I' of the property now or formerly of Little-ton H. Fitch. TOLiKKii with the appurtenances and ail the,&state and ridhts`F' of the party of the first part in and to said premises. TO HAVE AND TO HOLD i I RICHARD A. JACKSON May 20, 1994 Mr. Richard G. Ward, Chairman Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: Macari At Laurel FEIS Dear Mr. Ward: In behalf of my client, this letter will address the issue raised concerning soil and water quality: residual pesticides and heavy metals (i.e., iron, manganese, and lead) on the Macari At Laurel site, Laurel. Over the last several months we have researched the results of the laboratory analyses and have discussed the soil/water chemistry at length with many individuals in various agencies. The following will outline our findings: On November 4, 1993, in their review of the Final Environmental Impact Statement of the project, the Town's consultant, Cramer, Voorhis, & Associates, indicated the following (Exhibit A): "A previous comment pertained to soil testing for residual pesticides due to public health concerns related to future residential use of this site. It was requested that the soil analysis be evaluated as regards public health concerns and the Suffolk County Department of Health Services be contacted in order to provide input regarding sampling methodology, analysis arid potential public health issues. The revised Final Environmental Impact Statement includes a letter from Martin Trent of the Suffolk County Department of Health Services dated April 5, 1993. This letter indicates that iron and manganese concentrations exceed the 1 tightwood street, Patchogue, New York 11772 (516-758-71521 T Y drinking water maximum contaminant level and lead levels exceed the federal action level in groundwater samples collected at the site. In addition, Mr. Trent notes that `analyses for aldicarb residues (Temik) were apparently not performed, but would be critical to any evaluation of water quality in this area.' The letter further indicates that `since organohalide pesticides were detected in the composited soil sample, water analyses should also include these compounds. As I (Trent) informed you (Jackson) in our telephone conversation the significance of the soil findings should be discussed with Cornell Cooperative Extension and the New York State Department of Environmental Conservation.' Mr Trent's letter also indicates that the request for comments concerning water and soil tests was referred to Mr. Vito Minei at the SCDHS Office of Ecology. This letter is the only one included in the appendix in response to the above noted comment. This letter does not adequately respond to the comment and raises further issues which may require resolution. Furthermore, input from Mr. Vito Minei of the Office of Ecology, Cornell Cooperative Extension, and the NYSDEC seems appropriate in view of the letter from Mr. Trent. The Applicant should be contacted to determine if this additional information is forthcoming. In reply to these comments, letters of inquiry, accompanied by the laboratory test results from the soil and water samples collected on the site (see Appendix D, Soil and Groundwater Quality at the Macari At Laurel site, DEIS), were sent to Vito Minei (SCDHS), John Meister (NYSDEC), and William Sanok (Cornell Cooperative Extension Service) on December 9, 1993 (Exhibit B). On January 10, 1994 Mr. John Meister (Supervising Pesticide Inspector, NYSDEC) indicated in letter that he had referred our requests for comments to Robert Becherer (Regional Engineer for the Dept. Hazardous Substance Regulation Unit, NYSDEC) (Exhibit B). On January 12, 1994 Ms. Kimberly Shaw (Senior Environmental Analyst, SCDHS, Office of Ecology) commented on the groundwater data (soil contamination was not considered by the agency) since the SCDHS would grant or deny private wells on the site following all other approvals) (Exhibit B). According to the SCDHS in this letter, the elevated levels of iron, manganese, and lead found in the groundwater samples were inconclusive and incomplete and the SCDHS would perform their own test hole/groundwater analyses at a later date associated with the Town approved subdivision. Consequently, the applicant was urged to submit a new application to the Office of Wastewater Management. In this regard the Applicant would do this following the granting of subdivision approval from the Town. On February 24, 1994 Mr. William J. Sanok (Cooperative Extension Agent, Cornell Cooperative Extension) corresponded that there were 2 articles available that addressed the subject of pesticide contamination in soil that the NYSDEC use as guidelines in such matters (Exhibit B). Consistent with this information, Mr. Robert Becherer (NYSDEC) indicated in a telephone conversation that there were two specific NYSDEC articles available that evaluated pesticide contamination of soil in regard to public health concerns. The following table summarizes pertinent data on pesticide contamination of soil as it relates to public health (Exhibit C) (i.e., taken from HWR-94-4046, Determination of Soil Cleanup objectives and Cleanup Levels, NYSDEC, Division of Hazardous Waste Remediation, January 24, 1994; Memorandum 3028, Contained-in Criteria for Environmental Media, NYSDEC, Division of Hazardous Substances Regulation, Bureau of Technical Support, November 30, 1992) (Please note that one composite soil sample was taken at the site and that these results may or may not be representative of the entire site): Allowable Soil Soil/Sed. Sample Contam. Conc. (ppm) Active/Remed. L1. (ppm) Macari (ppm) DDD 0.077 2.9 0.049 DDE 0.044 2.1 0.260 DDT 0.025 2.1 0.130 Endrin 0.001 200 0.006 Diedrin 0.001 0.044 0.015 As noted from this table, the compounds DDT and DDE, found in the sample collected from the Macari At Laurel parcel, exceeded the NYSDEC Allowable Soil Concentration. However, acceptable remediation levels or the concentration felt to be active and capable of potentially contaminating groundwater in both cases are considerably greater in concentration levels then those found in the sample collected on the site. Consequently, the concentration levels of DDT and DDE, although elevated (i.e., related to long- term farming on the site) are not significantly high in concentration levels. In addition, although iron, manganese, and lead do exceed the SCDHS allowable levels for potable water, as indicated in the letter from Ms. Shaw (SCDHS, January 12, 1994, Exhibit B), a community water source could be developed or wells could be deepened to levels yielding more acceptable concentrations. Mr. John W. Hallman (EcoTest Laboratories, Inc.) indicated that these particular compounds may be naturally occurring at these concentrations in this area. However, a mitigation measure that could be utilized, if necessary, is to provide a water purifying device for each house 3 r Y of the Macari At Laurel project. In summary, the soil and groundwater test results do exceed certain established chemical parameters or guidelines. However, pesticide concentrations within the soil are well below active levels or those levels hoped for from remedial action on severely contaminated soils containing these compounds. Elevated levels of iron, manganese, and lead in the groundwater samples collection from the site could be localized and may not exist at deeper levels, could be removed by individual housing unit's water purification equipment, and/or could be mitigated by a community water system. It is hoped that this response to the above comment is sufficient to alleviate any further concerns regarding contamination to soil and water on the site. We wish to have this response incorporated into the overall record of the FEIS. As indicated by the Town's consultant, although there are a few other comments concerning their critique of the FEIS, these are of a minor nature and should not be a deterrent from accepting the FEIS as complete. Consequently, we urge you to accept the FEIS as a complete document at this time. Please contact our office at your convenience. This project has been on-going for an extended time and we wish to finish this phase as soon as possible. Thank you for your time and consideration in this matter. Cordially yours, iA chard A. Jackson, Ph.D. Enclosures CC: Joseph Macari Peter Danowski, Esq. 4 SOOIAT ~S FRAMER,. Jn~~, FNVIRpNM~NTA,__ !N•^.,CCtI_'!T;h;?c - j V vA November 4, 199, Mr. Richard G, Ward, Chairman Southold Pls:aniia Board Town of Southold P.O. Box 1179 Southold, MY 11971 RE: Macari @ Laurel R Agw of the Final EIS Dear Mr. Ward: In aa:ordr~nce with your authotizitior„ we have i,:vie,ved the Final'Envirnnmental Impact Statement for l`lacan Cc,) I.aurcl dated August 1('V',`)'. 'This document ;,as re.•Ased in order to address a co:=ent 1Ptter issued by this office dated May 29, 1991. GVei:tll, nearly all Of the cornsL;nts fromletter of 'May 29, 1993 i;avrr been satisfar:::i; addressed. C; ne issue of substance seems to still be outsran:?h , and several other motor issues also remain. It is recommendz!d that the applicant i,c contacted to determine if additional iafbr:.:don is av4abl- v>ith me and to pesdcice u:,e on the site. It is further recommended ?h4t the minor issues not ba usrT s a basis for r- ie i;rn of i}le Final EIS, due to ibe fact that they will ror Cl:ar.ge P.h+c reievi_rat + rP.Ciu,ion`; f :li_ _~acumczt. The following rE riY J idcntir ra LA ;;sues for yo:.tr Ill. EXISTING E:' VI?O; NIEN iA1 SEITiNG C. Hydrologic Setting 2. Groundwater (page 38; Aprevious com-nest perta_n, ' to.soil tC'S.al? f^.r residual nestic-ides due to public health concerns relatea to :u re Tr51+_letlt:B.I llSC'ii lltl5 at(. lt'H ireill'•ated that th:. Sall analysis be evaluated is regards public health concerns :.nd t'Jat 'he Suf ollk Coi-mry Deputment of Health Service; b, coutzcted in oM,Cr to povide input sampling inethodologl', analysis and potential public heat's issues. nc - tiised Minas rrvirotur. ntal impact Statement mcludes a letter fr orn'dxma Trost .,f Mlle Si: f;ik Co7urtty, Department of Health Services dated Aprii 5, 19 f3. T'ois letter badicate5 s ;at ima and razinganese concentrations exceed the drinking water ma,•diu-i,u ccr °sitinr~rt level and kad levels exceed the federal actior, level in woun.Jwa.ter samples ;,~llec,cd at th-^ site. Ln adriition, Mr. Trent notes -:hat "aataiyscs for ildicarb residues ('f etrik" were apoarectly nc: i=forned, but would be critical to tui~+ evrJu:.lic? cf'uatcr q lali 11.! : , area` Tb- letter 111rther indicates that "StaG.^ C;: 'anolaiGe pe5660Z.i \VrrI Gstrcted in the c;,mhcsked soil water analyses sboild also inclui;: ;h; se compounds-As I (Trent; niformcd you (i,r:.k,oaj in cur tclc!phooa eonversatioa. di^ 5icr Fjrzjico of the 591 be clseih~erl with Corne11 Cooperatlyc Extension and tale +lew ..>rk State J,pu;;;7:'-I'.[ of Luv1h7;.UI:ental ConservatioiL" `Ay. Trent's 1:'•t:er all-r, ilidicat°S that the i equC;= fnr cots me'nt.'i concerning .l t nnru rrnn,ITDY onon C1117 7 MI[LFn PLK'E. Pig' 11754 (515) VH 55 Macarl laurel ~ :ievin? or Flwe! F.iSi water and soil testswas referre Vlto ?![li e`..'.t tht °r sir`' ^ xu; Szology. Thus . Pd to . i.. letter is the oaly one included to the npp4ndix In res?,~a.w to t:sc :.orve =ctexi c-Gtnment. This letter does not udeqquately respenuco the ooa14ea. Mn r::i:.ep r;-be-r ^ssucs which may require resolution. Furthermore, input erom . _r. /:to ,-Sir. i =>f the. t 5ce coteav, ehe7ettor Cornell Cooperative Ecteasion, and the NYSDEC becl = app:oprat2 in view tit from Mr. Trout. The applicant should 'be contwxd to detcrmttne i this ej 1i: Oval information I; forthcoming. 'M ANTTt:IPATED ENVIRONMENTAL I2S':.~ O FROPOSET) ACTION C Hydrologic Setting 3. Sanitarf Wash (page 62-73) Questions were raved wnccmr,: the tae~W^_ alo%,y 1'."~d In corno.:tS.- the corcentradoi; of niveg4n is :ecba;ge aid co^sis,en- / N=ere ~.".e :~.:caiisCeet computation,in se eadix E and th- text ou Pages 62- v e u ^ -s sera to persist in the revised Final EIS; however, it should h? noted tf:at 'Will not Change the conclusion ti^.c+t the project `~Fill not cause- zn eScesswe conc8ntrat'.on Gr nitrogen in recharge. An additional coAt:uent :.:,ucsted crzLp~~:oa r•,~ :<c T?rP ed conc^n~_radon of nitrogen in recharge with &v-, stausa.: i brwiK to t!::rarmi:!e 'v6at nerceztage of the dirl.- the anticipated 4.49 mti.iigrara pcr bit:r :u;, o en would exceed the 16 IIlt l n"T27 : ter liter 'L rogeia standard. Tri; infcrnatio a u:~= IN-4 zppear to he inctndcti in the rev%i~ -~d pinz•! MS; 'L=d Use in Csroux:.l•,vater ba sty in the Lne Buren of however, review oa tls: publicati~s Southampton" /h; ugh:s area' Loner 1933), finds that the urc dl t ;l co:: enrration of nitrogen in recharge vu! exccF~d i liirrarn per liter stamb r'd :e.flprr;xi rt,t^i,r g4.95% of the .;e i~~ trM time. Though tb:a Libr:natlon wot d be useful in tile. Litz 17W--' it`ll, i't will not Ch.w2P t; a conclus,cu that the aitso-?n III recpaxge will not tti cant clverse enviroarnectai effect. V. mrnGAnvEIvii,-,5[T2'w5'ro,," i-nmi n WV's SF- IMPACTS OF THE :PROPOSE'D ACTION. C. Hydrologic Setting 3. Sanitarf Waste (page 107) The comment requested that -,b- discrarSe of rit-ot cn in ::charge b'; c)=p:scd io on site nitrogen levels, not in a snore &-tort, vratcr sou;cc4. ;im:l-r C:ouun,!ntb; L-1 o?her s-lotiom were revised; bowever, this section seats not revised i_- current sub.-niss:or. ;his defieienc} i; not considered sit,nifc:.nt sand wl; rot c:::tn- F '.hc ,On< 1 s;ol s :1; regard to the proposed project. VIT. ALTE.Rt+1A'IZ'r 3S TO'T'E t lPOSED AC-AM3P? D. Transfer of Duvelopmcnt Fights (page 181) fieveioiltt ens The comment requested that aelditionsl a rzlysis reg :rdirlg a tr=sfer of CRAMER, V I / SOCIATES rar. 2or3 ENVIRONMENT NG CONSULT ;NTS d 1~~1 r ~ r n. w J PLANNING BOARD MEMBERS ' m SCOTT L. HARRIS Supervisor Richard O. Ward. Chalrman George Ritchie bitham. Jr. _ .4 - Town Hall. 53095 M:dn Road P Bennet! Orlowski. Jr. P. O. box 1179 Mark S. McDonald ' Suntholat. New York 11971 Kenneth L Edwards PLANNING BOARD OFFICE Fax 151 6) 765. 1823 Tdephanc (SI61 765.1938 -TOWN OF SOUrHOLD November 17, 1993 Peter Danowski, Esq. P.O. Box 779 Riverhead, NY 11901 RE: Review of Final Environmental Impact Statement Macari r: Laurel SCTM k 1000-121-4-9 Dear Mr Danowski: The enclosed report, written by Charles Voorhis our environmental consultant, was reviewed by the Planning Board at its last work session. Befora accepting the proposed Final Environmental Impact Statement as complete for reviewing purposes, the Board would appreciate receiving all relevant information regarding the possible presence of toxins, particularly input from Vito Minei of the Suffolk County Department of Health, the staff of the Cornell Cooperative Extension and the New York State Department of Environmental Conservation, as noted in the enclosed report. While not critical, we also would appreciate correction of the minor discrepancies noted in the report by our consultant. With regard to the discounting of any consideration of the transfer of development rights option, the Board has decided to proceed with the review of the document as written once the information on pesticides is received. If there are any questions, please contact Valerie Scopaz. Sincerely, Richard G. ward Chairman enc. ' 'A~uui (3;; Qw l PXWIT. or Rant LIS rights or a non-contiguous 281 concept b:. evaluatcd. ue revis-d p'i.F;S indicates that although then. are other tax parcels in to Town v 6 tjolc u-ivn', Virg the own-°xs name, /.order other parcels are not within t., a same oommu-I ity of owrenhio. "ilii; re--vm o. u utilized in to avoid further analysis of a T. DR or non. coatiguor., 231 ccrnccot. `f it is ixidoe: d srue that there are no other parcel in a sir,30ar ownership as th:: s;ib ect siic, thi> Tw.Wd appear to be sufficient reason to not pursue a nor,-contiguous 281 coac"cat. iarthonaore, tl;e amended site development plan involvbr5 a sowid clzmr p:oocs i v3"oi:d lend cmdencc to the cluster alternative as a mews of nlrian ing cnvroa4 enta! impaC.s to dhe maximum extent practicable. If the Planning Board is is aa:eement w~th'_'r^f'-f ;Mtc:lerts, this would be a basis to not require further analysis of TDk or non-x-mi;-4ous 231. The above cots heats irdiwe that there is only one si cant ou=t Zdin~ issue with regard to the Final EIS for Macwi @ urel. n6 issue viYO v@s coucerns regar~iag potential presence of toxius in soil due to past agriailt.rai ac!ivicics +ye site. F urge: idormation should be sought corsistent with the April 5, 1993 letter tcom the ::L 'Olh County Depatt~rer.t of Health SwA-1,7_, aid our p=_srivus commec+s. Toe ap• lica.rt: should be contacted to determine if this L4~Or6?hL`qu is f6rtacowiag. _,'P. 9:ouid' `v.`, pleascu. to review any further udormation at your request. yoTa for Ibe oarortunity m be of service to the Planning Board is review of tic'rin:sl :i;> for n3zcan 111za:;•_ c::l if you cave any. further gaestlons. Very truly yours, ~tnarles J. V oo!his, CEA, AICt' g~K3013 GFiAMER, V fT ENViRONMgNP NG CONSULTANTS RICHARD A. JACKSON H H' M CUAL IsOAR AL AUDITOR ME.A.) December 9, 1993 Mr. Vito Minei, P.E. Office of Ecology Suffolk County Department of Health Services County Center Riverhead, New York 11901 RE: Macari At Laurel Soil/Water Quality Analysis Dear Mr. Minei: I am presently completing the Final Environmental Impact Statement (FEIS) for the Macari At Laurel development project, Laurel, Town of Southold, New York. The plan will construct 27 single-family houses on a 63.6 acre site on the south side of Sound Avenue (State Truck Route #25), between Kirkup Lane and Laurel Lane. upon the request of the Town's environmental consultants, soil and groundwater quality tests were completed for the site. Considering that the site was previously utilized for agricultural purposes, there was a concern that pesticides and other toxins could be residual on the site. Soil and groundwater quality tests were completed and they indicated elevated levels of iron and manganese in the water samples. Organohalide pesticides were detected in the soil sample. This information was forwarded to Mr. Martin Trent of your agency. He indicated in his follow-up letter that this material had been sent to your office. He was requesting that your input be included in the environmental analysis of same. 37 Brightwood Street, Patchogue, New York 11772 (516-758-7152) For your convenience, I am including all of the above mentioned material for your examination. Please inform me of your opinion of the potential for problems if this site is developed as described. Cordially urs, and A. Jackson, Ph.D. RAJ:js CC: Peter Danowski o RICHARD A. JACKSON O fRUMOR4Q~®~4QG}]4 M' M' • ~0®POQ6 C~(PO@?Of~ ~Qa. AUDav®(d December 9, 1993 Mr. John Meister Office of Pesticide Management New York State Department of Environmental Conservation Bldg. 40 SUNY Campus Stony Brook, New York 11794 RE: Macari At Laurel Soil/Water Quality Analysis Dear Mr. Meister: I am presently completing the Final Environmental Impact Statement (FEIS) for the Macari At Laurel development project, Laurel, Town of Southold, New York. The plan will construct 27 single-family houses on a 63.6 acre site on the south side of Sound Avenue (State Truck Route #25), between Kirkup Lane and Laurel Lane. Upon the request of the Town's environmental consultants, soil and groundwater quality tests were completed for the site. Considering that the site was previously utilized for agricultural purposes, there was a concern that pesticides and other toxins could be residual on the site. Soil and groundwater quality tests were completed and they indicated elevated levels of iron and manganese in the water samples. Organohalide pesticides were detected in the soil sample. This information was forwarded to Mr. Martin Trent of the Suffolk County Department of Health Services (SCDHS). He indicated in his follow-up letter that this material should be examined by the NYSDEC. 37 Brightwood street, Patchogue, New York 11772 (516-756-7152) For your convenience, I am including all of the above mentioned material for your examination. Please inform me of your opinion of the potential for problems if this site is developed as described. Cordially urs, and A. Jackson, Ph.D. RAJ:js CC: Peter Danowski RICHARD A. JACKSON PR® L R AL AUDITOR ((P.F.A.) December 9, 1993 Mr. William Sanok Cooperative Service Agent Cornell Cooperative Extension Service Suffolk County 246 Griffing Avenue Riverhead, New York 11901 RE: Macari At Laurel Soil/Water Quality Analysis Dear Mr. Sanok: I am presently completing the Final Environmental Impact Statement (FEIS) for the Macari At Laurel development project, Laurel, Town of Southold, New York. The plan will construct 27 single-family houses on a 63.6 acre site on the south side of Sound Avenue (State Truck Route #25), between Kirkup Lane and Laurel Lane. Upon the request of the Town's environmental consultants, soil and groundwater quality tests were completed for the site. Considering that the site was previously utilized for agricultural purposes, there was a concern that pesticides and other toxins could be residual on the site. Soil and groundwater quality tests were completed and they indicated elevated levels of iron and manganese in the water samples. Organohalide pesticides were detected in the soil sample. This information was forwarded to Mr. Martin Trent of the Suffolk County Department of Health Services (SCDHS). He indicated in his follow-up letter that this material should be examined by your agency. 37 Hrightwood Street, Patchogue, New York 11772 (516-758-7152) For your convenience, I am including all of the above mentioned material for your examination. Please inform me of your opinion of the potential for problems if this site is developed as described. Cordially ours, chard A. Jackson, Ph.D. RAJ:js CC: Peter Danowski New York State Department of Environmental Conservation Building 40-SONY, Stony Brook, New York 11790-2356 Telephone: (516) 444-0340 Facsimile: (516) 444-0373 NNW Thomas C. Jorling Commissioner January 10, 1994 Richard A. Jackson 37 Brightwood St. Patchogue, N.Y. 11772 Dear Mr. Jackson: I have referred your requests for comments concerning water and soil tests to Robert Becherer, Regional Engineer for the Departments Hazardous Substance Regulation Unit. Mr. Becherer will be discussing your request with other units to see what role the Department may have concerning your request. Mr. Becherer will be contacting you directly regarding this matter sometime in the future. Sincerely, 'John Meister Supervising Pesticide Insp. JM:eg ie wimee on recnk4wwr COUNTY OF SUFFOLK 6) ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES MARY E. HIBBERD, M.D., M.P.H. COMMISSIONER MEMORANDUM To: Richard Jackson, Ph.D. Environmental Consultant From: Kimberly Shaw, Senior Environmental Analyst , J Date: January 12, 1994 Re: Macari at Laurel SCl'M # 1000-121-4-9 The Office of Ecology has received the groundwater data regarding the above-captioned application. The data is inconclusive and incomplete and is not acceptable for Health Department subdivision review. Although the data indicates excessive concentrations of iron, manganese, and lead, other options (eg. construct an on site community water system or deepen the test wells) and alternatives (reconfigure the subdivision so that all the lots are greater than 5.0 acres) should be considered. Test wells are required by the Department if it has been determined that public water supply is not available or accessible. Test wells must be constructed in accordance with all Department standards if their eventual use for potable supply is anticipated. Water sampling and analyses is performed by the Department provided proper application has been made and testing fees have been paid. Analytical results will be deemed valid for one year from the date of sampling. The Office of Ecology submitted comments on this application in 1989 to the the Town of Southold. As per our agencies review requirements test wells were performed in 1988 and 1989, however, this information is no longer valid. If the Town of Southold is concerned with the potability of the water supply, the applicants can submit a new application to the Office of Wastewater Management. Technical comments and the analysis of the test wells can be made available to the Town. KS/anf cc Southold Town Planning Board DIVISION OF ENVIRONMENTAL QUALITY COUNTY CENTER RIVERHEAD. N.Y. 11901-3397 832-2100 Cornell Education Center Suffolk County 246 Griffing Avenue Cooperative Riverhead, NY 11901-3086 Extension 516-727-7850 FAX 516-727-7130 February 24, 1994 Prof. Richard Jackson Environmental Consultant 37 Brightwood Street Patchogue, NY 11772 Dear Prof. Jackson: The same day that I talked with you concerning your request for information on pesticide residuals in Long Island soils, I attempted to contact several people at Cornell University to get a scientific reference on the topic. I talked with Prof. Don Lisk who referred me to Prof. James Gilette who in turn mentioned that he would obtain a copy of a report done by another individual and have a copy sent to our office. To date, I have not received the report requested. As I mentioned to you, I am presently involved with a project headed by Prof. Vincent Breslin of Waste Management Institute, New York State University at Stony Brook. As part of this project Prof. Breslin has been testing for heavy metals particularly lead, cadmium and arsenic. He found that the top eight inches of topsoil contained very low but uniform levels of arsenic. There were no traces of arsenic below that layer. This is explained by the frequent applications of sodium arsenite during the 1950s and 1960s when this chemical was used for weed control and vinekilling in potatoes. The vinekiller was a label approved pesticide until 1969 when it was withdrawn from use in New York State. The reason it is uniform is that the soil is plowed each spring before annual crops such as potatoes are planted. Over the years, I have heard a number of reports that the chlorinated hydrocarbon pesticides such as DDT, Dieldrin, Chlordane and many of the breakdown products are adsorbed and held tightly on the organic, clay and silt particles of the soil just as the arsenic mentioned in the above project. These materials are not water soluble and therefore do not leach readily into the lower strata of the soil or groundwater. To my knowledge, no heavy metals have been discovered in groundwater in the agricultural areas of Long Island. I will forward the report to you as soon as I receive it from Dr. Gilette. Sincerely, William J. SanoV COOPERATIVE EXTENSION AGENT Agricultural Program Leader WJS:II Helping You Put Knowledge to Work Cornell Cooperative Extension provides equal program and employment opportunities. NYS College of Agriculture and Life Sciences, NYS College of Human Ecology, and NYS College of Veterinary Medicine at Cornell University, Cooperative Extension associations, county governing bodies. and U.S. Department of Agriculture, cooperating. NtW YORK °.TATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION MerrorvWUm 3028 Page 1 of 21 DIVISION OF HAZARDOUS SUBSTANCES REGULATION Subject "Contained-In" Criteria BUREAU OF TECHNICAL SUPPORT for Environmental Media Technical 0i1s` November 30, 1992 © New Administrative p Obsolete Guidance Memorandum p Supercedes Memo No. Technical Manual I. Policy Environmental media containing hazardous constituents from listed hazardous waste identified in 6 NYCRR Part 371, must be managed as hazardous wastes unless or until the media contain hazardous constituent concentrations which are at or below action level concentrations. II. Applicability This "contained in" policy only applies to soil, sediment, and groundwater contaminated by listed hazardous waste and removed from their natural environment pursuant to a Department or EPA issued permit, order, approved closure plan, or approved corrective action plan (hereinafter referred to as permit/order/work plan). This policy does not apply to listed or characteristic hazardous wastes as initially generated or residuals derived from treating these listed hazardous wastes. Such residuals may include: fly and bottom ash from the incineration of listed hazardous waste; precipitation and biological sludge from the wastewater treatment of listed hazardous waste; spent activated carbon from the treatment of listed hazardous waste. III. Intention and Purpose The policy is primarily intended for situations where contaminated media, especially soil, is expected to contain low concentrations of listed hazardous waste for which treatment may not be practical or feasible. By far the most frequently occurring situation which this policy will address is the excavation of such TAGTRQ.FRM -/'YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION m---,dum 3028 Page 2 of 21 SION OF HAZARDOUS SUBSTANCES REGULATION Subject ^Contained-In" Criteria ;EAU OF TECHNICAL SUPPORT a for Environmental Media Technical 0`0 November 30, 1992 © New Administrative Obsolete Guidance a Sapereedes Memo No. Memorandum Technical Manual contaminated soils for planned and emergency projects at RCRA facilities, including both RCRA Corrective Action and facility construction and reconstruction activities. It is the purpose of this policy to set minimum criteria (i.e., action levels, cover requirements, and restricted access) for an environmental medium contaminated by listed hazardous waste which must be met in order to preclude its management as hazardous waste. Otherwise, management as hazardous waste could trigger one or more of the following stringent land disposal requirements: - minimum technology standards; - groundwater monitoring; - land disposal restrictions; and - closure/post-closure standards. There is no intention within this policy to put forth a methodology for developing cleanup levels for contaminated environmental media. Nor does this policy preclude the Department from requiring the facility to implement a remedy that will achieve environmental media cleanup levels which could be more stringent than the action levels tabulated in Appendix I of the "Contained-In" Guidance presented as Attachment A to this policy document. Also, compliance with action levels discussed in Section VI of this policy does not necessarily mean that the media is entirely decontaminated and acceptable for unrestricted use. TAGTR-2FRM NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF HAZARDOUS SUBSTANCES REGULATION M°"t"r°ndum 3025 Page 3 of 21 BUREAU OF TECHNICAL SUPPORT Sublsot "Contained-In" Criteria for Environmental Media Technical D't November 30, 1992 Administrative © New Guidance ID Obsolete Memorandum [D Supereedea Memo No. Technical Manual IV. Regulatory Requirements Certain situations may require contaminated media be subject to treatment before achieving this policy's action levels. That treatment system will be subject to RCRA permitting unless addressed in a Article 27, Title 13 Order on Consent, 71-2727(3) Corrective Action Order or if subject to a specific Part 373 exemption (e.g., wastewater treatment units with a surface water discharge). In most instances permitting may be accomplished by addressing the treatment system in the Corrective Measures Implementation section of the Corrective Action Module (i.e., Module III) of the Part 373 permit. Environmental media, i.e., soil or sediment, contaminated by listed hazardous waste or commercial chemical products listed in 6 NYCRR Part 371, and subject to treatment before land disposal, must meet the land disposal requirements (LDRs) established pursuant to 6 NYCRR Part 376. That treated soil or sediment meeting LDRs, and then subsequently subject to land disposal, need not be managed as hazardous waste if it meets the "contained-in" criteria. A successful "contained-in" demonstration, as discussed in Attachment A-"Contained-In" Guidance, may still require the environmental media be regulated and actively managed as a waste material. This "contained-in" policy does not exempt solid or semi-solid media relocated off the facility property from being subject to regulation as a solid waste, pursuant policy exempt aqueous waste from being subject to the discharges into the groundwater and surface waters of New York State. TAGTR-.FRM NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Memorandum 3028 Page 4 of 21 DIVISION OP HAZARDOUS SUBSTANCES REGULATION BUREAU OF TECHNICAL SUPPORT Subject 'Contained-ln" Criteria for Environmental Media Technical Det" November 30, 1992 New Administrative © Guidance Obsolete Memorandum a Supercedes Memo No. Technical Manual V. Implementation This policy cannot be self-implemented by the facility, but will be put into effect by the Department on a case-by-case basis with a "contained-in" demonstration. That demonstration shall be made by the facility and evaluated by the Department as discussed in Attachment A - "Contained-In" Guidance. Before a "contained-in'I demonstration is implemented at any facility, a work plan for the demonstration must be submitted to and approved by the Department. This work plan may be a separate document focusing on a specific area of contamination at the facility or it could be part of a closure plan for a hazardous waste TSD unit undergoing closure, or part of a facility-wide remedial investigation work plan. Work plans will address all hazardous constituents from listed hazardous waste contained in each environmental medium. In addition to these hazardous constituents derived from listed hazardous waste, hazardous constituents from all other known or suspected sources of contamination shall be addressed in the work plan. Environmental media contaminated by hazardous constituents from listed hazardous waste at or below action levels as discussed in Section VI of this policy, either on initial removal or after treatment, shall be managed as follows: A. If a solid or semi-solid (i.e., sediment), it may be: (1) disposed on the facility property as a non- hazardous solid waste in accordance with acceptable management practices identified in permits/orders/work plans, or TAGTFL .fRM W YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Memorandum 3028 Page 5 of 21 ISION OF HAZARDOUS SUBSTANCES REGULATION :EAU OF TECHNICAL SUPPORT 8ublect "Contained-Inr' Criteria for Environmental Media Technical November 30, 1992 © Nsw Administrative Obsolete Guidance ' Supercedes Memo No. Memorandum Technical Manual (2) shipped off the facility property as a non- hazardous industrial solid waste to a permitted Part 360 land disposal facility, and B. If aqueous, it may be: (1) discharged on the facility property as a non- hazardous waste in accordance with a SPDES permit or Department Order, or (2) shipped or discharged off the facility property as a non-hazardous industrial solid wastes to a POTW or industrial wastewater treatment facility. VI. Action Level Concentrations The action levels to be used in the "contained in" demonstration are listed in Appendix I - "Action Levels for Groundwater and Soil/Sediment" and only focus on the direct human ingestion exposure pathway. The levels were developed using promulgated USEPA and State standards protective of human health with recourse to USEPA health risk assessment data or State guidance values in the absence of standards. Refer to Attachment A - "Contained-In" Guidance for further information on the development of action levels. TAGTR.2.FRM 4EW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Memormtdum 3028 Page 6 of 21 [VISION OF HAZARDOUS SUBSTANCES REGULATION BUREAU OF TECHNICAL SUPPORT Subied "Contained-In" Criteria for Environmental Media Technical November 30, 1992 ® New Administrative Guidance a Obsolete Supercedes Memo No. Memorandum Technical Manual The action levels tabulated in Appendix I that are not promulgated standards may change from time-to-time as new health risk assessment data becomes available. The Facility compliance Region 2 Section, in the Bureau of Hazardous Waste Eastern Regions, has responsibility for updating the tabulation. These tables will be updated quarterly, if necessary. Tables more than three (3) months old should not be used without first checking with the Section. That section should be contacted for information on action levels not found in Appendix I. TAGTZ FRM NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION MemonuWum 3025 Page 7 of 21 DIVISION OF HAZARDOUS SUBSTANCES REGULATION - SUREAUOfTECHNICALSUPPORT subject .%6ntained-In" Criteria for Environmental Media Technical Dem: November 30 1992 © New Administrative 0 Guidance Obsolete ~-I Memorandum lJ Supercedes Memo No. Technical Manual ATTACHMENT A "Contained-In" Criteria Guidance I. Basis for Action Levels The "contained-in" criteria employs concentration levels for individual chemical constituents that are protective of public health through the direct ingestion pathway. The levels were developed from the following promulgated standards, USEPA health risk assessment data and New York State Department of Environmental Conservation (NYSDEC) guidance values. A. Soil and Sediment Action Level Concentrations The action levels to be used with the "contained-in" demonstration for soil and sediment are tabulated in Appendix I under the title "Soil/Sediment Action Levels." These levels are based on assuming human oral ingestion of soil or sediment. The soil/sediment tabulation lists action level concentrations calculated from USEPA, non-promulgated health risk assessment data (i.e., carcinogen slope factor (CSF) and the risk factor for carcinogens, and the chronic reference dose (RFD) for systemic toxicants) and oral intake assumptions (i.e., 0.1 g/day for a 70 kg. person/70 year exposure period for carcinogens, and 0.2g/day for a 16 kg. child/5 year exposure period for systemic toxicants). CSFs and RFDs are compiled from USEPA's Health Effects Assessment summary Tables (HEASTs) 7AGTR-2. FRM W YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Memorandum 3028 Page 8 of 21 VISION OF HAZARDOUS SUBSTANCES REGULATION JREAUOFTECHNICAL SUPPORT Subject "Contained-In" Criteria for Environmental Media Technical D" November 30 1992 © New Administrative Guidance Q Obsolete Memorandum Supersedes Memo No. Technical Manual issued annually but updated periodically with supplements. The only soil/sediment action level representing a standard is the less than one (1) part per million (i.e., < 1.0 mg/kg) for polychlorinated biphenyls (PCBs). This standard was established under the TSCA PCB spill cleanup policy (i.e. 40 C.F.R. Part 761) for clean soil. B. Groundwater Action Level Concentrations Action levels to be used with the "contained in" demonstration for groundwater are tabulated in Appendix I under the title "Groundwater Action Levels." The tabulation lists for a particular constituent the most stringent level selected from promulgated New York State Part 703 Standards and USEPA MCLs. Recourse to non-promulgated USEPA health-based levels or more stringent New York State guidance values was considered appropriate only for constituents which do not have a State or USEPA Standard. The action level calculations based on USEPA health risk data included the same slope factor, risk factor, and reference dose used for soil/sediment action levels. The intake assumption of 2 1/day for a 70 kg. person/70 year exposure period was used for carcinogens and systemic toxicants. For a given chemical, non- promulgated health-based values or guidance values that are more stringent than promulgated standards were not selected as action levels. TAGTR-2FRM 4EW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Me b"m 3028 Page 9 of 21 DIVISION OF,HAZARDOUS SUBSTANCES REGULATION :UREAU OF TECHNICAL SUPPORT Subject "Contained-In" Criteria for Environmental Media Technical D't'' November 30, 1992 © Administrative New Guidance Q Obsolete Memorandum Supersedes Memo No. Technical Manual II. Action Levels Are Not Always Cleanup Levels No attempt was made through the "contained in" criteria to develop cleanup levels for hazardous constituents in contaminated environmental media either left in place or subject to a removal action. The development of media specific cleanup levels is a complex undertaking that takes into consideration available and applicable remedial technologies, the degree of contamination in an environmental medium, and site-specific factors. These factors may include, but not be limited to, potential impacts on off-site public and/or environmental receptors, future land use (e.g., unrestricted vs. industrial), and intermedia contaminant transport (e.g., the influence of heavily contaminated groundwater on unsaturated soils lying over the groundwater). In the RCRA Corrective Action program, the Corrective Measures Study (CMS) is the appropriate means for the facility to address media cleanup levels in the context of the remedy selection process. The CMS should provide the necessary exposure and risk assessments coupled to an evaluation of remedial alternatives to focus the development of site-specific cleanup levels. However, in the RCRA program the Department will make the final determination on selecting cleanup levels. That determination could result in a cleanup level for a contaminant in a specific environmental medium being equated to the contaminant's action level for that medium. TAGTR- .FRM NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF HA7ARDOUS SUBSTANCES REGULATION MefeOf'^dem 3028 Page 10 of 21 BUREAU OF TECHNICAL SUPPORT Subject "Contained-In" Criteria for Environmental Media Technical Date: November 30, 1992 Administrative U0 New Guidance 0 Obsolete Memorandum O Sepercedes Memo No. Technical Manual F ituation can occur in the RCRA corrective action when hazardous constituents contaminate ter. Under this scenario the target cleanup levels aminants in groundwater equate to respective action abulated in Appendix I, if protection of public s the only concern (i.e., there is no environmental rom the contaminated groundwater). on levels tabulated in Appendix I for soil and sediment only consider protection of public health through the direct ingestion pathway. These ingestion levels were selected as one of several criteria that must be met by soil and sediment contaminated by listed hazardous waste in order not to require their management as hazardous waste. However, these specific action levels may not equate to target cleanup levels. Target cleanup levels for sediments must address impacts on environmental receptors (i.e., aquatic life forms). Target cleanup levels for soils should be established considering potential impacts through their exposure pathways (e.g., inhalation, drinking water, etc) and not be limited to only the direct ingestion pathway. Therefore, target cleanup levels for soil and sediment will be less than the direct ingestion action levels tabulated in Appendix I for the majority of hazardous constituents identified to RCRA facilities. A subsequent TAGM will provide more details on the subject of cleanup levels to RCRA facilities. That document discusses the use of action levels, target cleanup levels and cleanup standards (i.e., final cleanup levels) in the context of RCRA corrective action and RCRA "remove and decontaminate" closures. TAGTR-2.FRM 'EW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Memorandum 3028 Pagel 1 of 21 WISION OF kAzARDOUS SUBSTANCES REGULATION •UREAU OF TECHNICAL SUPPORT "Contained-In" Criteria for Environmental Media Technical °atsc November 30, 1992 © Now Administrative Guidance Obsolete Memorandum Supersedes Memo No. Technical Manual III. "Contained In" Demonstration In a "contained-in" demonstration, the facility will identify the source(s) of the environmental media contamination. If it can be conclusively established that the hazardous constituents in the media did not come from listed hazardous waste, or commercial chemical products, then the contaminated media need not be managed as hazardous waste, unless they exhibit one or more of the characteristics of a hazardous waste identified in 6 NYCRR Part 371, Section 3 or in the USEPA Toxicity Characteristic in 40 CFR 261.24. Since a "contained-in" demonstration will be implemented through a work plan submitted by the facility, that plan should specify the source of the contamination including identification of the listed hazardous waste identified in 6 NYCRR Part 371 which contributed to the environmental contamination. For each listed waste identified the plan shall specify the hazardous constituents presented in 6 NYCRR Part 371, Appendix 22, which are the basis for listing the waste. Additionally, the plan will identify any hazardous constituent presented in 6 NYCRR 371, Appendix 23, and in 6 NYCRR 373, Appendix 33, which may be present in the contaminated media from sources other than listed hazardous waste. A work plan for a "contained-in" demonstration applied to environmental media (i.e., soil or sediment) that will be subject to land disposal either before or after treatment, must address applicable land disposal restrictions (LDRs) established pursuant to 6 NYCRR Part 376. A facility may request a Treatability Variance from applicable LDRs through USEPA:Region II and the NYSDEC for the TAGTR-2.FRM NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF HAZARDOUS SUBSTANCES REGULATION memote"d"'" 3025 Page 12 of 21 BUREAU OF TECHNICAL SUPPORT Sublett "Contained-In" Criteria for Environmental Media Technical Dm*: November 30, 1992 © Administrative New Guidance D obsolete Memorandum Q Supercedn Memo No. Technical Manual environmental media. A "contained-in" demonstration work plan shall address the LDR variance obtained from USEPA/NYSDEC for the environmental media subject to the "contained-in" criteria. Treated or untreated environmental media meeting LDR requirements and subsequently subject to land disposal need not be managed as hazardous waste when the "contained-in" criteria are met. A "contained-in" demonstration requires that environmental media be sampled and analyzed in accordance with a work plan approved by the Department. Such plans must be developed in a manner that clearly sets forth the project objectives and the procedures that will be followed to meet those objectives. This entails specification in the work plan of a sufficient number of samples, sampling protocols, appropriate analytical methods, proper Quality Assurance/Quality Control (QA/QC) procedures, detection limits, and applicable action level concentrations. Analytical methods must be capable of achieving hazardous constituent detection levels less than their corresponding action levels. Refer to the most recent version, dated March 29. 1991, of the NYSDEC RCRA Quality Assurance Project Plan Guidance for information on work plan requirements and detection levels. A crucial element of a "contained in" demonstration is the evaluation of analytical data generated after implementation of approved work plans. This evaluation will be made by the Department including review of laboratory QA/QC data and comparison of action levels with analytical data. TAGTR-2 FRM NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF HAZARDOUS SUBSTANCES REGULATION Ma"°re^du"' 3028 Page 13 of 21 BUREAU OF TECHNICAL SUPPORT subject "Contained-In" Criteria for Environmental Media Technical November 30, 1992 © Administrative Now Guidance p Obsolete Memorandum p Supercedes Memo No. Technical Manual A. Soil and Sediment Evaluation Solid or semi-solid environmental media (i.e., soil or sediment) shall be analyzed directly for total concentrations of each hazardous constituent expected to be contained in the medium. The resultant concentrations for each detected constituent will be compared against their corresponding "Soil/Sediment Action Level" in Appendix I. Solid or semi-solid media must also have their respective leachate analyzed directly for each hazardous constituent expected to be contained in the contaminated environmental medium. The Synthetic Precipitation Leaching Procedure (SPLP) will be the preferred laboratory method employed to generate leachate for analysis when the excavated soil/sediment will remain on the facility property. Soil/sediment that will be excavated and relocated off the facility property will be subject to the Toxicity Characteristic Leaching Procedure (TCLP). The resultant concentrations for each detected constituent in leachate will be compared against their corresponding "Groundwater Action Level" in Appendix I.. The actual leaching test (i.e., SPLP or TCLP) may not have to be performed when the concentration of the hazardous constituent in the soil or sediment is accurately known, and when the following calculation shows that the constituent's concentration in the leachate to be equal to or less than its respective groundwater action level: TAGTR-2.FRM ' EW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION MamorarMum 3028 Page 14 of 21 [VISION OF HAZARDOUS SUBSTANCES REGULATION UREAU OF TECHNICAL SUPPORT Subiect "Contained-In" Criteria for Environmental Media Technical 0i1: November 30 1992 New Administrative © Guidance I] Obsolete Memorandum a Supercedes Memo No. Technical Manual constituent concentration + 20 maximLn possible constituent in soil or sediment concentration in the leachate (ug/k9 or ppb) test (up/t or ppb) This calculation presumes that the entire mass weight of the hazardous constituent present in the soil or sediment will leach out during the test. When the resultant analyses demonstrate that all hazardous constituents detected in the soil or sediment and in their respective leachates are at or below corresponding action levels, the environmental medium does not have to be managed as hazardous waste However, if the medium is to be moved off the facility property it shall be managed in accordance with 6 NYCRR Part 360 and as directed by the Division of Solid Waste. If it is to be managed on the facility property, such management must be in accordance with an approved work plan. Should the analyses for the soil or sediment and their respective leachates yield non-detectable measurements for hazardous constituents below approved detection limits, then unrestricted use of that medium will be approved. The constituents would be considered not present in the medium if not detected below approved analytical method detection limits (MDLs) for the matrix analyzed. The N.Y.S. RCRA QAPjP guidance addresses the issue of detection levels and their relationship to action levels. That guidance must be followed for the "contained-in" demonstration. TAGTR-2.FRM NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF HAZARDOUS SUBSTANCES REGULATION Momomelum 3028 Page 15 Of 21 BUREAU OF TECHNICAL SUPPORT subject "Contained-In" Criteria for Environmental Media Technical oete1 November 30, 1992 © Administrative Now Guidance 0 Obsolete Memorandum 0 Sepercedes Memo No. Technical Manual B. Groundwater Evaluation This aqueous medium shall be analyzed directly for the total concentration (without filtering) of each hazardous constituent expected to be contained in the medium. The resultant concentrations for each detected constituent will be compared against the corresponding "Groundwater Action Level" in Appendix I. When the resultant analyses demonstrate that all hazardous constituents detected in groundwater are at or below their corresponding action levels, the environmental medium does not have to be managed as hazardous waste. However, groundwater discharges must still be managed in accordance with any prevailing and more stringent SPDES limitations (e.g., aquatic water quality standards or guidance values). C. Evaluation for all Hazardous Constituents The comparison of hazardous constituent analytical data with corresponding action levels will be carried out using all applicable action levels. For solid and semi-solid media subject to leaching evaluations, both soil/sediment and groundwater action levels will be examined. The evaluation will address all possible groups of hazardous constituents including the specific chemical compound and all inorganic elements and chemical species contributed by the compound for which action levels are listed in Appendix I. TAGTR4.FRM NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Memorandum 3025 Page 16 of 21 OMtSION OF HAZARDOUS SUBSTANCES REGULATION BUREAU OF TECHNICAL SUPPORT subject "Contained-In" Criteria for Environmental Media Technical De1i November 30, 1992 © Now Administrative p Guidance Obsolete . Memorandum p sepereedee Memo No. Technical Manual In Appendix I, action levels for several different groups of hazardous constituents have been identified. Those groups include: 1. Total inorganic elements (e.g., total lead) 2. Total class of organic compounds (e.g., phenols) 3. Specific chemical species (e.g., total cyanide, hexavalent chromium); and 4. Specific chemical compounds (e.g., copper, cyanide, tetraethyl lead, phenol). Several examples will serve to illustrate the use of Appendix I. Soil contaminated by the commercial chemical product tetraethyl lead would require soil and its leachate to be analyzed for the chemical compound itself and total lead. The compound can contribute lead to the contaminated media and Appendix I lists total lead with soil and groundwater action levels. A second example, soil contaminated by the commercial chemical product copper cyanide would require the soil to be analyzed for the chemical compound copper cyanide and total cyanide, a chemical species donated by the compound for which a soil action level exists. However, the soils' leachate would be analyzed for copper cyanide, total copper, and total cyanide because the latter two constituents donated by the compound have groundwater action levels. A third example illustrates the analysis required for a chemical compound which itself does not have a action level, but can transform to TAGT0.2FRM :EW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ?anume aim 3028 Page 17 of 21 ]VISION OF,HAZARDOUS SUBSTANCES REGULATION -BUREAUOFTECHNICAL SUPPORT subied OCOntalned-Inu Criteria for Environmental Media Technical 0ssa November 30, 1992 © Administrative New Guidance Obsolete Memorandum Supercedes Memo No. Technical Manual constituents with media specific action levels and which constituents have a total organic class medium action level. The chemical compound that best illustrates this example is the commercial chemical product creosote. This compound is a mixture of phenols, including the three isomers of cresol, if the creosote is derived from wood. The analysis of the contaminated environment medium may also indicate the presence of other phenolic compounds including phenol. Soil/sediment , contaminated by creosote would require gas chromatographic (GC) analysis for phenolic compounds including phenol. However, analysis of the soils, leachate can be limited to total phenols since its groundwater action level is the most restrictive of all individual phenolic compounds including phenol. The last example points to the only situation where the analysis would only be required for a constituent (i.e., total phenols), with the most restrictive action level. This approach which focuses the demonstration only on the constituent(s) with the most restrictive level is not always appropriate. The "contained in" criteria requires the contaminated media to be analyzed for residual concentrations of all hazardous constituents. Limiting the analysis only to a constituent with the most stringent action level would violate the criteria unless a petition, as discussed in Section III-D of this attachment, is submitted by the facility and approved by the NYSDEC. Also, certain technical TAGTR-.FRM NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Memorandum 3028 Page 18 of 21 DIVISION OF HAZARpOUS SUBSTANCES REGULATION BUREAU OF TECHNICAL SUPPORT subject ."Contained-In" Criteria for Environmental Media Technical November 30, 1992 Administrative © New Guidance [--]Obsolete Memorandum Superceda Memo No. Technical Manual issues preclude focusing the demonstration in this manner. For example, analyzing only for a constituent component of a chemical compound because its action level is more stringent than the compound's level could result in a false negative determination (i.e., the contaminated medium passes the "contained in" evaluation). Such false results may occur when small differences exist between the action level of the compound and the more stringent action level of a constituent contributed by the compound. There is a reason for such erroneous results; the weight of a chemical compound always exceeds the weight of any of its individual parts taken separately and, therefore, the compound always contributes more mass of contamination per unit weight or volume to the media. Many listed hazardous wastes are not listed for a specific chemical compound, but only for metallic elements or for certain chemical species. For example, F006 waste is listed for cadmium, nickel, cyanide, and hexavalent chromium. Therefore, environmental media contaminated by only F006 waste would require analysis for all four constituents, including total cadmium, total nickel, total cyanide, and hexavalent chromium. D. Analytical Proposals and Petitions When a standard laboratory analytical procedure is not available for a hazardous constituent the facility will propose one. The proposed analytical method will be included in the work plan submitted by the facility for NYSDEC TAGTR- .FRM NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF HAZARDOUS SUBSTANCES REGULATION m---w= 3028 Page 19 of 21 BUREAU OF TECHNICAL SUPPORT Subi-o 'Contained-In" Criteria for Environmental Media Technical November 30, 1992 © Administrative New Guidance 0 Obsolete Memorandum Q Sapercedes Memo No. Technical Manual approval, and it should be capable of detecting chemical compounds or chemical species below their respective action levels. The proposal will be examined and, if approved, it will become part of the work plan. The facility may petition the NYSDEC through the work plan not to analyze for certain hazardous constituent chemical compounds that cannot be detected by practical analytical methods. Such a situation could arise when a chemical compound transforms into other constituents leaving only undetectable trace levels of the original compound in the sample matrix. The petition must include verified technical data, which can be taken from referenced literature, that clearly demonstrates the impact transformation processes have on the chemical compound in the environmental medium under evaluation. Such processes may include hydrolysis, photolysis, oxidation, dissociation, equilibria, and biotransformation. The petition will be examined and, if approved, it will become part of the work plan. For chromium the most restrictive action level in soil is for the hexavalent species. When analyzing a solid or semi-solid matrix for chromium using SW-846 methodology the sample preparation step in the laboratory (i.e., digestion of the sample by acidification) converts by chemical reduction most, if not all, hexavalent chromium to the trivalent species which is TAGTR-2.FRM NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF HAZARDOUS SUBSTANCES REGULATION m-mo and- 3025 Page 20 of 21 BUREAU OF TECHNICAL SUPPORT Subject "Contained-In" Criteria for Environmental Media Technical Date' November 30 1992 Administrative © Now Guidance 0 Obsolete Memorandum Sapercede, Memo No. Technical Manual reported as total chromium. Therefore, unless the facility proposes an approvable analytical method for hexavalent chromium, the "contained in" demonstration will compare the hexavalent chromium action level in soil/sediment with the sample's total chromium concentration. IV. Acceptable Management Practices Under the "contained-in" criteria soil/sediment must meet oral human ingestion action levels, and not leach out contaminants above groundwater action levels. However, that requirement may not be sufficient to mitigate potential impacts via other exposure pathways (e.g., inhalation) or site-specific exposure conditions (e.g., the additive impact from mixtures of hazardous constituents) either of which may threaten public health. Also, potential impacts on environmental receptors (e.g., leachate discharging to surface water) are not considered under the "contained in" demonstration. Therefore, to be fully protective of public health and the environment, soil/sediment at or below the action levels in Appendix I and above approved detection limits must be managed in a manner that affords restricted access to the media by the public and that provides cover for the medium, if unrestricted access is not granted by NYS Department of Health. These requirements will be satisfied by managing the media off the facility property in accordance with 6 NYCRR Part 360 and as directed by the Division of Solid Waste. Management on the facility property should be in approved areas at locations where public access is restricted. Such areas must be tracked and noticed in a legal instrument that will be examined when the property is sold or transferred. TAGTR-2.FRM NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION _ DIVISION OF HAZARDOUS SUBSTANCES REGULATION t'~°"'Ofe^a"m 3028 Page 21 0f P1 BUREAU OF TECHNICAL SUPPORT Subject "Contained-In" Criteria for Environmental Media Technical Dote: November 30, 1992 Administrative © New Guidance Q Obsolete Memorandum Q Supercedes Memo No. Technical Manual To mitigate other potential public health and environmental impacts through the air and surface water exposure pathways the approved on-site areas will be covered. Cover designs will be submitted by the facility to the Department for review and approval. The cover design submittal should occur simultaneously with the submittal of the "contained- in" work plan. However, if site-specific circumstances preclude such a simultaneous submittal, no placement of soil/sediment media must occur until a cover design is approved by the Department. Cover designs should demonstrate how wind blown particulate matter will be eliminated at the approved area and account for long term inspection and maintenance of the cover. If necessary, the cover design will address mitigating impacts on the air exposure pathway from volatilizing hazardous constituent residuals that remain in the approved area. This release mechanism may be important for volatile constituents with high soil/sediment ingestion action levels which do not readily leach out from the medium. Such a situation could allow large residual volatile contaminant concentrations in the soil/sediment which may result in negative air impacts. Cover designs should also demonstrate protection of adjacent surface waters from runoff. TAGTR•2.FRM ACTION LEVEL for GROUNDWATER and SOIL/SEDIMENT Constituent CAS No. Groundwater Soil/Sediment Action Level Action Level (091L) (-S/Kg) ACENAPHTHENE 83-32-9 2.0 X 101, 5.0 X 103 ACEPHATE 30560-19-1 4.0 X 1016 3.0 X 102 ACETONE (2-PROPANONE) 67-64-1 3.5 X 103h 8.0 X 103 ACETONE CYANOHYDRIN 75-86-5 2.5 X 103E 6.0 X 103 ACETONITRILE (METHYL CYANIDE) 75-05-8 2.1 X 102h 5.0 X 103 ACETOPHENONE (1-PHENYL-ETHANONE) 98-86-2 3.5 X 103, 8.0 X 103 ACROLEIN (2-PROPANAL) 107-02-8 5.0 ACRYLAMIDE 79-06-1 5.0 1.6 X 10'' ACRYLIC ACID 79-10-7 5.0 X 1019 6.0 X 103 ACRYLONITRILE (2-PROPENENITRILE) 107-13-1 5.0 1.3 ALACHLOR 15972-60-8 2.0; 8.6 ALDICARB 116-06-3 7.0 6.0 ALDICARB and METHOMYL 3.5 X 10-1i ALDRIN 309-00-2 ND 4.1 X 10'3 AlKn DEtEMYL BF7ML AMMONNM CHLORME 68391-01-5 5.0 X 1019 ALLYL ALCOHOL 107-18-6 1.8 X 102h 4.0 X 103 ALLYL CHLORIDE (3-CHLORO-I-PROPENE) 107-05-1 5.0 2.0 X 103 ALUMINUM PHOSPHIDE 20859-73-8 1.4 X 101 3.0 X 101 AMETRYN 834-12-8 5.0 X 10' 7.0 X 102 AMIBEN 133-90-4 5.0 4-AMINOBIPHENYL 92-67-1 5.0 m-AMINOPHENOL 591-27-5 t 6.0 X 103 4-AMINOPYRIDINE 504-24-5 1.01 2.0 AMMONIA 7664-41-7 < 2.0 X 103 ANILINE (BENZENAMINE) 62-53-3 5.0 1.2 X lOZ ANTHRACENE 120-12-7 5.0 X 101, 2.0 X 104 ANTIMONY, TOTAL e 3.0, 3.0 X 101 ARAMITE 140-57-8 1.4E 2.8 X 10' ARSENIC, TOTAL 2.5 X 101e 8.0 X 101 Pip No. 1 11!1.593 ..nn a~nr. ~XATE DEPARTMENT of ENVIRONMENTAL CONSERVATION ACTION LEVEL for GROUNDWATER and SOIL/SEDIMENT Action Level Action Level (µg/1') (mg/Kg) ffBENEFIN tuent CAS No. Groundwater Soil/Sediment 1912-24-9 3.0; 4.0 X io2 HYL 86-50-0 4.4 103-33-3 5.0 6.4 L 1.0 X 103 4.0 X 103 DE 542-61-1 2.5 X 1036 6.0 X 103 1861-40-1 3.5 X 10' 2.0 X 104 BENZALDEHYDE 100-52-7 3.5 X 103h 8.0 X 10 3 BENZ(a)ANTHRACENE (BENZANTHRACENE) 56-55-3 2.0 X 10'39 2.2 X 10'' BENZENE 71-43-2 7.0 X 10'1 2.4 X 10' BENZIDINE 92-87-5 5.0 3 3.0 X 10' BENZISOTHIAZOLE 271-61-4 5.0 X 1019 BENZO(b)FLUORANTHENE 205-99-2 2.0 X 10'39 2.2 X 10'' BENZO(k)FLUORANTHENE 207-08-9 2.0 X 10'39 2.2 X 10'1 BENZOIC ACID 65-85-0 1.4 X 101h 3.0 X 103 BENZO(a)PYRENE 50-32-8 ND 6.1 X 10'3 BENZOTRICHLORIDE 98-07-7 2.7 X 10-'h 5.4 X 10'3 BENZYL ALCOHOL (BENZENEMETHANOL) 100-51-6 1.4 X 104h 2.0 X 104 BENZYL CHLORIDE 100-44-7 2.1 x 10'16 4.1 BERYLLIUM, TOTAL 3.09 1.6 X 10'1 a-BHC 319-84-6 ND 1 1.1 X 10' P-BHC 319-85-7 ND 3.9 6-BHC 319-86-8 NO 1,1-BIPHENYL 92-52-4 5.0 4.0 X 103 BIS(2-CHLOROETHOXY)METHANE 111-91-1 5.0 BIS(2-CHLOROETHYL)ETHER 111-44-4 1.0 6.4 X 10'' BIS(CHLOROMETHYL)ETHBR (BC E) 542-88-1 5.0 3.2 X 10'3 BIS(2-CHLORO-I-METHYLETHYL)ETHER 108-60-1 5.0 1.0 X 103 BIS(2-ETHYLHEXYL) PHTHALATE 117-81-7 5.0 x 101 BISPHENOL A 80-50-7 r 4.0 X 103 BIS(PENTABROMOPHENYL)ETHER 1163-19-5 5.0 8.0 X 103 Pw Na 3 I1mm ucrNnlNIGNT of ENVIRONMENTAL CONSERVATION ACTION LEVEL for GROUNDWATER and SOIL/SEDIMENT Constituent CAS No. Gtoundwuer Soil/Sediment Action Level Action Level (Iu8/L) (m6/Kg) BORIC ACID, BORATES 6 METABORATES NA 1.3 X lOj BORON, TOTAL ` 1.0 X 103 7.0 X 103 BROMACIL 314-40-9 4.4 BROMIDE NA 2.0 X 103 BROMOBENZENE 108-86-1 5.0 BROMOCHLOROMETHANE 74-97-5 5.0 BROMODI CHLOROMETHANE 75-27-4 5.0 X 101ee 5.4 BROMOFORM (TRIBROMOMETHANE) 75-25-2 5.0 X 101,b 8.9 X 10' BROMOMETHANE (METHYL BROMIDE) 74-83-9 5.0 8.0 X 10' 4-BROMOPHENYL PHENYL ETHER 101-55-3 5.0 BROMOPHOS 2104-96-3 1.8 X 1036 4.0 X lOZ BROMOXYNIL M&D®ROMO- cYANOrHENOQ 1689-84-5 , 2.0 X 103 BUTACHLOR 23184-66-9 3.5 1-BUTANOL (BUTYL ALCOHOL) 71-36-3 3.5 X 103e 8.0 X 103 BUTOXYETHOXYETHANOL 112-34-5 5.0 X loll BUTOXYPROPANOL 5131-66-8 5.0 X 10'e BUTYLATE 2008-41-5 5.0 X 101 4.0 X 103 n-BUTYLBENZENE 104-51-8 5.0 sec-BUTYLBENZENE 135-98-8 5.0 tert-BUTYLBENZENE 98-06-6 5.0 BUTYL BENZYL PHTHALATE 85-68-7 5.0 X 101 2.0 X 10' BUTYL ISOPROPYL PHTHALATE NA 5.0 X 1O1e CACODYLIC ACID (AGENT BLUE) 75-60-5 1.1 X 102h 2.0 X lOZ CADMIUM, TOTAL 5.0 8.0 X 10' CALCIUM CYANIDE 592-01-8 1.4 X 103h 3.0 X 103 CAPROLACTAM 105-60-2 1.8* X 104h 4.0 X 10' CAPTAFOL 2425-06-1 4.0 X 101h 2.0 X 103 CAFTAN 133-06-2 1.8 X 101 2.0 X 103 CARBARYL 63-25-2 2.9 X 101 8.0 X 103 CARBAZOLE 86-74-8 5.0 3.2 X 10' wR Na 11/25M NEW YORK STATE DEPARTMENT of ENVIRONMENTAL CONSERVATION ACTION LEVEL for GROUNDWATER and SOIL/SEDIMENT _ Constituent CAS No. Groundwater ;4.0 Sediment Action Level n Level (µg/L) mg/Kg) CARBOFURAN 1563-66-2 4.0 X 10'; X 102 CARBON DISULFIDE 75-15-0 3.5 X lO3h 8.0 X 10, CARBON TEfRACHLORME (f'EMACHLOROMETHANE) 56-23-5 5.0 5.4 CHLORAL (TRICHLOROACETALDEHYDE) 75-87-6 7.0 X 1O'h 2.0 X 102 CHLORANIL 118-75-2 5.0 1.7 X lot CHLORDANE 57-74-9 1.0 X 10"1 5.4 X 10'' CHLORIDES NA 2.5 X 105 CHLORINE CYANIDE 506-77-4 1.8 X 103h 4.0 X 103 CHLOROACETIC ACID 79-11-8 7.0 X 10'h 2.0 X 102 p-CHLOROANILINE (4-CHLOROANALINE) 106-47-8 5.0 2.0 X 102 CHLOROBENZENE 108-90-7 5.0 2.0 X 103 CHLOROBENZILATE 510-15-6 7.0 X 102h 2.0 X 103 p-CHLOROBENZOIC ACID 74-11-3 5.0 2.0 X 104 4-CHLOROBENZOTRIFLUORIDE 98-56-6 5.0 2.0 X 103 1-CHLOROBUTANE 109-69-3 5.0 3.0 X 104 PCHLORO•m-CRESOL (4CHLORO-3-MErHYLPHENOL) 59-50-7 r I-CHL0R0-2160XYPR0PANE 04CH2UROHYDRIN) 106-89-8 3. 5h 7.1 X 10' CHLOROETHANE (ETHYL CHLORIDE) 75-00-3 5.0 5.4 X 102 CHLOROFORM (TRICHLOROMETHANE) 67-66-3 7.0, 1.1 X 10, CHLOROMETHYL METHYL ETHER (CHME) 107-30-2 5.0 3.5 X 10'3 2-CHLORONAPHTHALENE 91-58-7 1.0 X 10' O-CHLORONITROBENZENE 88-73-3 5.0 2.8 X 10' p-CHLORONITROBENZENE 100-00-5 5.0 3.9 X 10 2-CHLOROPHENOL 95-57-8 t 4.0 X 102 4-CHLOROPHENYL PHENYL ETHER 7005-72-3 7.0 X 102y 2.0 X 105 CHLOROPRENE (2-CHLORO-I,3-BUTADIENE) 126-99-8 5.0 CHLOROPROPHAM 101-21-3 5.0 CHLOROPYRIFOS 2921-88-2 1.1 X 102h 2.0 X 102 2-CHLOROTOLUENE (o-CHLOROTOLUENE) 95-49-8 5.0 2.0 X 103 4-CHLOROTOLUENE (p-CHLOROTOLUENE) 106-43-4 5.0 Rae No. 4 1125N3 ACTION LEVEL for GROUNDWATER and SOIL/SEDIMENT Constituent CAS No. Groundwater Soil/Sediment Action Level Action Level (YY/L) (mg/Kg) 4-CHLORO-o-TOLUIDINE 95-69-2 5.0 1.2 4-CHLORO-o-TOLUIDINE HYDROCHLORIDE 3165-93-3 5.0 1.5 5-CHLORO-o-TOLUIDINE 95-79-4 5.0 CHROMIUM, TOTAL 5.0 X 10' CHROMIUM, HEXAVALENT (CHROMIUM (VI)) 18540-29-9 5.0 X 10' 4.0 X 102 CHROMIUM, TRIVALENT (CHROMIUM (III)) 16065-83-1 3.5 X 104h 8.0 X 104 CHRYSENE 218-01-9 2.0 X 10'3r COPPER, TOTAL C < 2.0 X 102 COPPER CYANIDE 544-29-3 1.8 X 102h 4.0 X 102 m-CRESOL (3-METHYL PHENOL) 108-39-4 r 4.0 X 103 o-CRESOL (2-METHYL PHENOL) 95-48-7 r 4.0 X 103 p-CRESOL (4-METHYL PHENOL) 106-44-5 r 4.0 X 103 CRESOLS 1319-77-3 r 4.0 X 103 CROTONALDEHYDE (2-BUTENAL) 123-73-3 5.0 3.7 CYANAZINE 21725-46-2 7.0 X 10' 2.0 X 102 CYANIDE, TOTAL c <1.0 X 102 2.0 X 103 CYANOGEN 460-19-5 1.1 X 103 3.0 X 103 CYANIGEN BROMIDE 506-68-3 5.0 7.0 X 103 CYCLOHEXYLAMINE 108-91-8 7.0 X 103h 2.0 X 104 DACTRAL (DCPA) 1861-31-1 5.0 4.0 X 104 DALAPON (SODIUM SALT) NA 5.0 X 10' 2.0 X 102 2,4-DB 94-82-6 5.0 6.0 X 102 4,4'-DDD 72-54-8 ND 2.9 -4,4'-DDE 72-55-9 ND 2.1 4,4'-DDT 50-29-3 ND 2.1 DIALLATE 2303-16-4 6.0 X 10"1h 1.2 X 10' DIAZINON 333-41-5 7.0 X 10'' 7.0 X 10' DIBENZ(a,h)ANTHRACENE 53-70-3 7.0 X 10~h 1.4 X 10"2 1,4-DIBROMOBENZENE (p-DIBROMOBENZENE) 106-37-6 5.0 8.0 X 102 DBROMOCHLOROMEI'HANE(CHLORODBROMOMETHANE) 124-48-1 5.0 X 10Th 8.3 v.re N- 5 tinsvz NEW YORK STATE DEPARTMENT of ENVIRONMENTAL CONSERVATION ACTION LEVEL for GROUNDWATER and SOIL/SEDIMENT Constituent CAS No. Groundwater Soil/Sediment Action Level Action Level (08/L) (mg/Kg) 1,2-DIBROMO-3-CHLOROPROPANE (DBCP) 96-12-8 5.0 3.2 X 10-2 DIBROMODICHLOROMETHANE 594-18-3 5.0 8,3 1,2-DIBROMOETHANE (ETHYLENE DIBROMIDE) 106-93-4 5.0 8.2 X 10-3 DIBROMOMETHANE (METHYLENE DIBROMIDE) 74-95-3 5.0 8.0 X 10, 2,2-DIBROMO-3-NITRILOPRIONAMIDE 10222-01-2 5.0 X 10'R DI-n-BUTYL PHTHALATE 84-74-2 4.0 8.0 X 103 DICAMBA 1918-00-9 4.4 X 10-' DICHLONE 117-80-6 5.0 1,3DICFBAROBE ZENE (uWCHWROBENZENEl 95-50-1 4. 7i 7.0 X 10t I,iMCILLOROBENZENE ( 1)108 ROBENZENE) 541-73-1 5.0 1,4DICPLLOROBENZENE (IDICIB.OROBENZENE) 106-46-7 4. 7i 2.9 X 10' 3,3'-DICHLOROBENZIDINE 91-94-1 5.0 1.6 1,4-DICHLORO-2-BUTENE 764-41-0 5.0 trans-1,4-DICHLORO-2-BUTENE 110-57-6 5.0 DICHLORODIFLUOROMETHANE (FREON 12) 75-71-8 5.0 2.0 X 104 1,1-DICHLOROETHANE 75-34-3 5.0 8.0 X 10' 1,2-DICHLOROETHANE (ETHYLENE CHLORIDE) 107-06-2 5.0 7,7 1,1-DICHLOROETHYLENE 75-35-4 5.0 1.2 X 10' cis-1,2-DICHLOROETHYLENE 156-59-2 5.0 8.0 X 102 trans-1,2-DICHLOROETHYLENE 156-60-5 5.0 2.0 X 10' DICHLOROFLUOROMETHANE 75-43-4 5.0, 2,4-DICHLOROPHENOL 120-83-2 P 2.0 X 10= 2,6-DICHLOROPHENOL 87-65-0 r 2,4-DICHLOROPHENOXYACETIC ACID (2,4-D) 94-75-7 4.4 8.0 X 102 1,2-DICHLOROPROPANE 78-87-5 5.0 1.0 X 10' 1,3-DICHLOROPROPANE 142-28-9 5.0 2,2-DICHLOROPROPANE 594-20-7 5.0 1,1-DICHLOROPROPENE 563-58-6 5.0 1,3-DICHLOROPROPENE 542-75-6 5.0 8,9 cis-1,3-DICHLOROPROPENE 10061-01-5 5.0 PW No. 6 I12SA2 NEW YORK STATE DEPARTMENT of ENVIRONMENTAL CONSERVATION ACTION LEVEL for GROUNDWATER and SOIL/SEDIMENT Constituent CAS No. Groundwater SoillSediment Action Level Action Level (NB/L) (mg/Kg) trans-1,3-DICHLOROPROPENE 10061-02-6 5.0 DICYCLOPENTADIENE 77-73-6 1.1 X 103h 2.0 X 103 DIELDRIN 60-57-1 ND 4.4 X 10'1 DIETHYLENE GLYCOL MONOETHYL ETHER 111-90-0 7.0 X 104 s 2.0 X 10, DIETHYLFORMANIDE 617-84-4 3.9 X 103a 9.0 X 10, DIETHYL PHTHALATE 84-66-2 4.0 6.0 X 10' DIETHYLSTILBESTROL (DES) 56-53-1 7.0 X 104` 1.4 X 10'3 DIMETHOATE 60-51-5 7.0, 2.0 X 10' P-(DIMETHYLAMINO)AZOBENZENE 60-11-7 5.0 2,4-DIMETHYLANILINE (2,4-XYLIDINE) 95-68-1 5.0 9.3 n,n-D IMETHYLANILINE 121-69-7 5.0 2.0 X 101 3,3'-DIMETHYLBENZIDINE 119-93-7 5.0 7.6 X 10'1 DMfETHYLFORMANME (n.n-DMfMyLFORMANIDE) 68-12-2 5.0 X 1019 8.0 X 10, 1,1-DIMETHYLHYDRAZINE a 57-14-7 4.0 X 10'1h 8.1 X 10'' 1,2-DIMETHYLHYDRAZINE 540-73-8 2.5 X 10 a 5.0 X 104 a,a-DIMETHYLPHENETHYLAMINE 122-09-8 5.0 2,4-DIMETHYLPHENOL 105-67-9 t 2.0 X 103 2,6-DIMETHYLPHENOL 576-26-1 t 3,4-DIMETHYLPHENOL 95-65-8 f DIMETHYL PHTHALATE 8.0 X 101 131-11-3 5.0 X 10' 8.0 X 10' DIMETHYL-P-PHTHALATE a 120-61-6 3.6 X 103a 8.0 X 105 1,3-DINITROBENZENE (m-DINITROBENZENE) 99-65-0 5.0 8.0 4,6-DINITRO-o-CRESOL 534-52-1 r 8.0 2,4-DINITROPHENOL 51-28-5 t 2.0 X 101 2,4-DINITROTOLUENE 121-14-2 5.0 1.0 2,6-DINITROTOLUENE 606-20-2 5.0 1.0 DINOSEB (DNBP) 88-85-7 f DI-n-OCTYL PHTHALATE 8.0 X 101 117-84-0 5.0 X 101 2.0 X 103 4-DIOXANE a 123-91-1 3.5, 6.4 X 10' DIPHENYLAMINE (N,N-DIPHENYLAMINE) 122-39-4 5.0 2.0 X 103 P.r Ne. I I(t391 MEW X(JkLK STA:XE UbrY XM X vi c Wv nvnawnae+... .-.•.uaw..+++...• ACTION LEVEL for GROUNDWATER and SOIL/SEDIMENT Constituent CAS No. Groundwater Soil/Sedi=nt Action Level Action Level (µg/L) (mg/(g) 1,2-DIPHENYLHYDRAZINE 122-66-7 ND 8.8 X 10'1 DISULFOTON 298-04-4 ND 3.0 DITHANE D-14 (NABAM) 142-59-6 1.8 DYPHYLLINE 479-18-5 5.0 X 1011 ENDOSULFAN 115-29-7 1.8b 4.0 ENDOTHALL 145-73-3 5.0 X 101 2.0 X 102 ENDRIN 72-20-8 ND 2.0 X 102 ENDRIN ALDEHYDE 7421-93-4 5.0 2-ETHOXYETHANOL 110-80-5 1.4 X 104 3.0 X 10` 2-ETHOXYETHANOL ACETATE 111-15-9 1.1 X 104 b 2.0 X 104 ETHYL ACETATE 141-78-6 3.2 X 104b 7.0 X 104 ETHYL ACRYLATE 140-88-5 7.3 X 10''b 1.5 X 101 ETHYL BENZENE 100-41-4 5.0 8.0 X 105 ETHYL DI-n-PROPYLTHIOCARBOMATE (EPTC) 759-94-4 8.8 x 102a 2.0 X 105 ETHYLENE CHLOROHYDRIN 107-07-3 5.0 X 101t ETHYLENE CYANOHYDRIN 109-78-4 1.1 X 104a 2.0 X 104 ETHYLENEDIAMINE 107-15-3 7.0 X 102b 2.0 X 105 ETHYLENE GLYCOL 107-21-1 5.0 X 1019 2.0 X 105 ETHYLENE OXIDE 75-21-8 5.0 X 10-29 2.0 ETHYLENETHIOUREA 96-45-7 ND 1.9 X 101 ETHYL ETHER 60-29-7 1.8 X 10'b 4.0 X 104 ETHYL METHACRYLATE 97-63-2 3.2 X 10th 7.0 X 105 FEREAM 14484-64-1 4.2 FLUORANTHENE 206-44-0 5.0 X 101' 3.0 X 10' FLUORENE 86-73-7 5.0 X 10 3.0 X 10' FLUORIDES NA <1.5 X 10, 5.0 X 105 FOLPET 133-07-3 5.0 X 1011 2.0 X 102 FORMALDEHYDE (METHYL ALDEHYDE) 50-00-0 5.0 2.3 X 101 FORMIC ACID 64-45-8 7.0 X 104% 2.0 X 105 FURAN 110-00-9 3.5 X 10' 8.0 X 10, >••F Na t 1t R5~ ACTION LEVEL for GROUNDWATER and SOIL/SEDIMENT Constituent CAS NO. Groundwater Soil/Sediment Action Level Action Level (V8~) (-g/XS) FURAZOLIDONE 67-45-8 9.2 X 104h 1.8 X 10-1 FURFURAL 98-01-1 1.1 X 101h 2.0 X 102 FURIUM 531-82-8 7.0 X 10.3h 1.4 X 10-2 GLYCIDALDEHYDE (2,3-EPOXYPROPANAL) 765-34-4 1.4 X 10th 3.0 X 10' GROSS ALPHA RADIATION NA 5 pCi/L GROSS BETA RADIATION NA 1000 pCi/L GUAIFENESIN 93-14-1 5.0 X 1019 HEPTACHLOR 76-44-8 ND 1.6 X 10-1 HEPTACHLOR EPOXIDE 1024-57-3 ND 7.7 X 10-2 HEXABROMOBENZENE NA 5.0 2.0 X 102 HEXACHLOROBENZENE 118-74-1 3.5 X 10.1 4.1 X 10" HEXACHLOROBUTADIENE 87-68-3 5.0 9.0 X 10' HEXACHLOROCYCLOPENTADIENE 77-47-4 5.0 6.0 X 102 HEXACHLORODIBENZO-p-DIOXIN" 19408-74-3 5.6 X 10.5 1.1 X 10° HEXACHLOROETHANE 67-72-1 5.0 8.0 X 101 HEXACHLOROPHENE 70-30-4 5.0 2.0 X 101 HEXACHLOROPROPENE 1888-71-7 5.0 N-HEXANE 110-54-3 2.5 X 10'h 5.0 X 101 2-HEXANONE 591-78-6 5.0 X 1019 HYDRAZINE 302-01-2 1.2 X 10.2h 2.3 X 10-' HYDRAZINE SULFATE 10034-93-2 1.2 X 10-21 2.3 X 10' HYDROGEN CYANIDE 74-90-8 7.0 X 102h 2.0 X 101 HYDROGEN SULFIDE 7783-06-04 1.1_X 102h 2.0 X 102 HYDROQUINONE 123-31-9 5.0 X 1019 3.0 X 103 1-HYDROXYLTHYm¢te-1,l-DBtW5 KOW AM 2809-21-4 5.0 X 1019 2-C2-HYDROXY-3,5-Dl-TERTPENTYLPHENYL)-BENZOTRIAZOLE 25973-55-1 5.0 X 1019 INDENO(1,2,3-cd)PYRENE 193-39-5 2.0 X 10-1t IRON, TOTAL 3.0 X 102, ISOBUTYL ALCOHOL (2-METHYL-I-PROPANOL) 78-83-1 1.1 X 104h 2.0 X 104 ZSODRIN 465-73-6 5.0 Pp No. 9 112592 ' 1CTION LEVEL for OROMMMATER and fOIL/EEDINENT Constituent CAS No. Groundwater Sod/Sadimant Action Laval Action Laval (4192) (o9/K9) ISOPHORONE 78-59-1 5.0 X 1019 1.8 X 10, ISOPROPALIN 33820-53-0 5.0 1.0 X 101 ISOPROPYLBENZENE (CUNENE) 98-82-8 5.0 3.0 X 101 p-ISOPROPYLTOLUENE 99-87-6 5.0 KEPONE 143-50-0 ND LEAD, TOTAL 1.5 X 101 5.0 X 102k LINDANE (y-BHC) 58-89-9 ND 5.4 LINURON 330-55-2 5.0 2.0 X 102 MAGNESIUM, TOTAL 3.5 X 1049 MALATHION 121-75-5 7.0 2.0 X 103 MALEIC ANHYDRIDE (2,5-PURANDIONE) 108-31-6 3.5 X 10'9 8.0 X 10' MALEIC HYDRAZIDE 122-33-1 1.4 X 104a 4.0 X 104 MALONONITRILE 109-77-3 7.0 X 10'19 2.0 MANCOZES (DITHANE M-45) 8018-01-7 1.8 2.0 X 101 MANES 12427-38-2 1.8 4.0 X 101 MANGANESE, TOTAL ` - 3.0 X 102° 2.0 X 104 MCPA 94-74-6 4.4 X 10'1 4.0 X 101 MCPB 94-81-5 5.0 8.0 X 102 MCPP 93-65-2 5.0 8.0 X 10, MEPHOSFOLAN 950-10-7 7.2a 3.0 MERCAPTOBENZOTHIAZOLE 149-30-4 5.0 X 1011 MERCURY, TOTAL ° 2.0 2.0 X 301 METHACRYLIC ACID 79-41-4 5.0 X 10,1 METMACRYIANnHN! aMEn1Yl.2-PR0PD EHRRtlX 126-98-7 5.0 8.0 METHANOL 67-56-1 1.8 X 104a 4.0 X 104 METHOMYL 16752-77-5 3.5 X 10'1 2.0 X 10' METHOXYCHLOR 72-43-5 3.5 X 101 4.0 X 102 2-METHOXYETHANOL 109-86-4 3.5 X 30'a 3.0 X 10' 2-METHOXYETHANOL ACETATE' 110-49-6 7.0 X 1019 2.0 X 102 2-METHOXYETHYLBENZENE 3558-60-9 5.0 X 10'9 u.1° N°. 10 01/14N NEW YORK STATE DEPARTMENT of ENVIRONMENTAL. t:UMSERVATION ACTION LEVEL for GROUNDWATER and SOIL/SEDIMENT Constituent CAS No. Groundwater Soil/Sediment Action Level Action Level W/L) (m¢/Kg) 1-METHOXYETHYLBENZENE 4013-34-7 5.0 X 10'9 2-METHOXY-5-NITROANILINE 99-59-2 7.0 X 10-'h 1.5 X 10' METHYL ACRYLATE 96-33-3 7.0 X 10'h 2.0 X 103 2-METHYLANILINE 100-61-8 5.0 2.9 2-METHYLANILINE HYDROCHLORIDE 636-31-5 5.0 3.9 3-METHYLCHOLANTHRENE 56-49-5 7.6 X 10-3h 7.4 X 10-2 METHYL CHLORIDE (CHLOROMETHANE) 74-87-3 5.0 5.4 X 102 4,4'24ETHYLENE-BIS-(2-CHLOROANILINE) 101-14-4 5.0 5.3 4,4'METHYLENEBIS(N,N'DIMETHYL)ANILINE 1807-55-2 5.0 1.5 X 101 METHYLENE BISTHIOCYANATE 6317-18-6 5.0 X 1019 METHYLENE CHLORIDE (DICHLOROMETHANE) 75-09-2 5.0 9.3 X 101 4-(1-METHYLETHOXY)-1-BUTANOL 31600-69-8 5.0 X 1019 2-METHYLETHYL-I,3-DIOXOLANE 126-39-6 5.0 X 10'9 METHYL ETHYL KETONE (2-BUTANONE) 78-93-3 1.8 X 103h 4.0 X 103 METHYL IODIDE (IODOMETHANE) 74-88-4 5.0 METHYL ISOBUTYL KETONE (4-METHYL-2-PENTANONE) 108-10-1 1.8 X 103h 4.0 X 103 METHYL MERCURY 22967-92-6 1.1 X 102h 2.0 X 10' METHYL METHACRYLATE 80-62-6 5.0 X 1019 6.0 X 103 2-METHYL-5-141717ROAND.INE(5-NTTROoTOLUIDINE) 99-55-8 5.0 2.1 X 103 METHYL PARATHION 298-00-0 1.5i 2.0 X 10' METHYL STYRENE 25013-15-4 5.0 5.0 X 102 MEVINPHOS 7786-34-7 5.0 MIREX 2385-85-5 5.0 2.0 X 10-' MOLINATE 2212-67-1 7.0 X 10'h 2.0 X 102 MOLYBDENUM, TOTAL 1.4 X 102h 3.0 X 102 NAPHTHALENE 91-20-3 1.0 X 1019 3.0 X 102 NIACINAMIDE 98-92-0 5.0 NICKEL, TOTAL ` 7.0 X 102h 2.0 X 103 NITRALIN 4726-14-1 3.5 X 10' NITRATES (as N) NA 1.0 X 1041 e.. No. 11 11ro~ NEW YORK STATE DEPARTMENT of ENVIRONMENTAL CONSERVATION ACTION LEVEL for GROUNDWATER and SOIL/SEDIMENT Constituent CAS No. Groundwater Soil/Sediment Action Level Action Level W/L) (mg/Kg) NITRIC OXIDE 10102-43-9 3.5 X 103h 8.0 X 103 NITRITE NA 1.0 X 103, 8.0 X 103 NITRILOTRIACETIC ACID 139-13-9 3.0 m-NITROANILINE (3-NITROBENZENAMINE) 99-09-2 5.0 o-NITROANILINE (2-NITROBENZENAMINE) 88-74-4 5.0 p-NITROANILINE (4-NITROBENZENAMINE) 100-01-6 5.0 NITROBENZENE 98-95-3 5.0 4.0 X 10' NITROFURANTOIN 67-20-9 2.5 X 103h 6.0 X 103 NITROFURAZONE 59-87-0 2.3 X 10'Zh 4.7 X 10" NITROGEN DIOXIDE 10102-44-0 3.5 X 104h 8.0 X 104 o-NITROPHENOL (2-NITROPHENOL) 88-75-5 t p-NITROPHENOL (4-NITROPHENOL) 100-02-7 r 2-NITROPROPANE 79-46-9 3.7 X 10-3h 7.4 X 10"2 n-NITROSODI-n-BUTYLAMINE 924-16-3 6.5 X 10"31, 1.3 X 10" n-NITROSODI-ETHANOLAMINE 1116-54-7 1.3 X 10-1h 2.5 X 10" n-NITROSODIETHYLAMINE 55-18-5 2.3 X 104h 4.6 X 104 n-NITROSODIMETHYLAMINE 62-75-9 6.9 X 104h 1.4 X 10" n-NITROSODIPHENYLAMINE 86-30-6 5.0 X 101t 1.4 X 102 n-NTMOSODIPROPYLAMINE (DI-n-PROPYLNITROSAMINE) 621-64-7 5.0 X 10-3h 1.0 X 10-1 n-NITROSODIMETHYLETHYLAMINE 10595-95-6 1.6 X 10-3h 3.2 X 10" n-NITROSO-n-METHYL UREA 684-93-5 1.2 X 10-3h 2.3 X 10" n-NITROSOPYRROLIDINE 930-55-2 1.7 X 10.3h 3.3 X 10-' NITROTOLUENESt TOTAL NA 5.0 8.0 X 102 OCTAMETHYLPYROPHOSPHORAMIDE 152-16-9 5.0 2.0 X 102 PARAQUAT 4685-14-7 3.0 PARATHION 56-38-2 1.51 5.0 X 102 PEBULATE 1114-71-2 1.8 X 103h 4.0 X 103 PENDIMETHALIN 40487-42-1 5.0 3.0 X 103 PENTACHLOROBENZENE 608-93-5 5.0 6.0 X 10' PENTACHLOROETHANE 76-01-7 5.0 ty No. 12 11/25M NEW YORK STATE DEPARTMENT of ENVIRONMENTAL CONSERVATION ACTION LEVEL for GROUNDWATER and SOIL/SEDIMENT Constituent CAS No. Groundwater SoiVSedimem Action Level Action Level (;Lg/L) (m6 XB) PENTACHLORONITROBENZENE 82-68-8 NO 2.7 X 10' PENTACHLOROPHENOL 87-86-5 5.8 PHENACETIN 62-44-2 5.0 PHENANTHRENE 85-01-8 5.0 X 101h PHENOL 108-95-2 r 5.0 X 106 PHENOLS, TOTAL NA 1.01 .PHENYLENED1AMINE (11eENZENEDuMwEi 108-45-2 5.0 1.5 X 102 >P1 Y1f3+MD INE (Lb8ENMED tsm 95-45-5 5.0 6.0 X 102 P?F YLENED1 INE (1.4REi7P11ED1AMINE) 106-50-3 5.0 PHENYL ETHER 101-84-8 1.0 X 1019 PHENYL MERCURIC ACETATE 62-38-4 2.89 6.0 2-PHENYL PHENOL 90-43-7 r 3.7 X 103 PHENYLPROPANOLAMINE 14838-15-4 5.0 X 1019 PHORATE 298-02-2 ND PHOSPHINE 7803-51-2 1.1 X 101h 2.0 X 10' PHTHALIC ANHYDRIDE 85-44-9 7.0 X 104h 2.0 X 10' POLYBROMINATED BIPHENYLs (PBBS) 59536-65-1 5.0 7.9 X 10'2 POLYCHLORINATED BIPHENYLS (PCBs) 1336-36-3 1.0 X 10'1 1.0 ppm` POTASSIUM CYANIDE 151-50-8 1.8 X 103h 4.0 X 103 POTASSIUM SILVER CYANIDE 506-61-6 7.0 X 103h 2.0 X 104 PROFLURALIN 26399-36-0 5.0 6.0 X 102 PRONAMIDE 23950-58-5 2.8 X 103h 6.0 X 103 PROPACHLOR 1918-16-7 3.5 X 10' 1.0 X 103 PROPANIL 709-98-8 7.0 PROPAZINE 139-40-2 1.6 X 101 2.0 X 103 n-PROPYLBENZENE 103-65-1 5.0 PROPYLENE GLYCOL (1,2-PROPANEDIOL) 57-55-6 7.0 X 103, 2.0 X 106 PROPYLENE GLYCOL MONOETHYL ETHER 19089-47-5 2.5 X 104h 6.0 X 104 PROPYLENE GLYCOL MONOMETHYL ETHER 1589-49-7 2.5 X 104 h 6.0 X 106 PROPYLENE OXIDE 75-56-9 1.1 X 10"1h 2.9 Pw Na 13 j imm NEW YORK STATE DEPARTMENT of ENVIRONMENTAL UUNSERVA'XION ACTION LEVEL for GROUNDWATER and SOIL/SEDIMENT Constituent CAS No. Gmundwater Soil/Sedintent Action Level Action Level (Yg/L) (mg/Kg) PYRENE 129-00-0 5.0 X 10'1 2.0 X 103 PYRIDINE 110-86-1 5.0 X 1011 8.0 X 10' QUINOLINE 91-22-5 2.5 X 10-'h 5.6 X 10" RADIUM 226 NA 3 pCi/L RADIUM 226 plus RADIUM 228 NA 5 pCi/L RDX (CYCLONITE) 121-82-4 3.2h 6.4 X 10' RESERPINE 50-55-5 3.3 X 104h 6.7 X 10'= RONNEL 299-84-3 5.0 4.0 X 103 SELENIOUS ACID 7783-00-8 1.1 X 102h 2.0 X 10' SELENIUM, TOTAL 1.0 X 10' SELENOUREA 630-10-4 1.8 X 101b 4.0 X 102 SILVER, TOTAL 5.0 X 10' 2.0 X 10' SILVER CYANIDE 506-64-9 3.5 X 1031, 8.0 X 103 SIMAZINE 122-34-9 1.0 5.8 X 10' SODIUM, TOTAL <2.0 X 104 SODIUM CYANIDE 143-33-9 1.4 X 1031, 3.0 X 103 SODIUM DIETHYLDITHIOCARBAMATE 148-18-5 1.3 2.6 X 10' SODIUM METAVANADATE 13718-26-8 3.5 X 10' 8.0 X 10' STRONTIUM 90 NA 10 pCi/L STRYCHNINE and SALTS 57-24-9 5.0 X 101h 2.0 X 10' STYRENE (ETHENYLBENZENE) 100-42-5 5.0 2.3 X 10' SULFATES NA 2.0 X 105 SULFIDES (as H,S) NA 5.0 X 10'0 - TEMOPHOS 3386-96-8 7.0 X 10'1 2.0 X 103 TERBUFOS 13071-25-6 9.0 X 10'' 8.0 1,2,4,5-TETRACHLOROBENZENE 95-54-3 5.0 2.0 X 10' 2,3,7,8-TETRACHLORODIBENZO-p-DIOXINd 1746-01-2 3.5 X 10.5 4.5 X 104 1,1,1,2-TETRACHLOROETHANE 630-20-6 5.0 2.7 X 102 1,1,2,2-TETRACHLOROETHANE 79-34-5 5.0 3.5 X 10' TEIRACHLOROETHYLENE(PERCHLOROETHYLENE) 127-18-4 5.0 1.4 X 10' Py N.. 14 11mm HJ;W TUl2LC ~'1'A'1'!; Uk:YAx'1'Mtf11 OI L3'1V1xUxMLx 1'eu. a,un~carniiun ACTION LEVEL for GROUNDWATER and SOIL/SEDIMENT Constituent CAS No. Groundwater Soil/Sediment Action Level Action Level (318/L) (mg/Kg) 2,3,4,6-TETRACHLOROPHENOL 58-90-2 r 2.0 X 103 p,a,a,a,a-TETRACHLOROTOLUENE 5216-25-1 1.8 X 10'3h 3.5 X 10'z TETRAETHYL DIPHIOPYROPHOSPHATE(SULFOTEPP) 3689-24-5 1.8 X 10th 4.0 X 101 TETRAETHYL LEAD 78-00-2 1.8 X 10'3h 1.0 X 10.2 TETRAHYDROFURAN 109-99-9 5.0 X 1019 THALLIC OXIDE 1314-32-5 2.5h 6.0 THALLIUM, TOTAL 4.09 6.0 THALLIUM ACETATE 563-68-8 3.5h 7.0 THALLIUM CARBONATE 6533-73-9 2.8h 6.0 THALLIUM CHLORIDE 7791-12-0 2.8h 6.0 THALLIUM NITRATE 10102-45-1 3.5h 7.0 THALLIUM SELENITE 12039-52-0 3.5h 7.0 THALLIUM SULFATE 10031-59-1 2.8h 6.0 THEOPHYLLINE 58-55-9 4.0 X 1019 2-(TH10CYANOMEfHYLTHIO)-BENZOTHL4ZOLE(TCMB) 21564-17-0 1.1 X 103h 3.0 X 103 THIOFANOX 39196-18-4 1.0 X 102h 2.0 X 10' THIOUREA 62-56-6 1.8 x 10"1h 3.6 X 10" THIRAM 137-26-8 1.8 5.0 X 102 TIN, TOTAL 2.1 X 104h 5.0 X 104 TOLUENE (METHYL BENZENE) 108-88-3 5.0 2.0 X 104 2,4-TOLUENEDIAMINE 95-80-7 5.0 2.2 X 10" 2,5-TOLUENEDIAMINE 95-70-5 5.0 5.0 X 104 2,6-TOLUENEDIAMINE 823-40-5 5.0 2.0 X 104 TOLUENE DIISOCYANATE 584-84-9 5.0 o-TOLUMINE(2-METHYL BENZENAMINE) 95-53-4 5.0 2.9 p-TOLUMINE(4-METHYL BENZENAMINE) 106-49-0 5.0 3.7 X 10' TOLYLTRIAZOLE 29385-43-1 5.0 X 10'9 TOXAPHENE 8001-35-2 ND 6.4 X 10" 2,4,5-TP (SILVEX) 93-72-1 2.6 X 10"1 6.0 X 10= TRIALLATE 2303-17-5 4.6 X 10'h 8.0 X 102 hr Ne. 15 - uc`v u4tu;NT 01 ENVIRONMENTF.L, CONSERVATION ACTION LEVEL for GROUNDWATER and SOIL/SEDIMENT Constituent CAS No. Gmundr-,ler Soil/Sedimem Action Level Action L4ve1 (91L) (mg/Kg) 1,2,4-TRIBROMOBENZENE NA 5.0 4.0 X 102 TRIBUTYLTIN OXIDE 56-35-9 5.0 X 10, i 2,4,6-TRICHLOROANILINE 634-93-5 5.0 2.0 X 102 2,4,6-77UCHLOROANUINE HYDROCHLORIDE NA 5.0 2.4 X 102 1,2,3-TRICHLOROBENZENE 87-61-6 5.0 1,2,4-TRICHLOROBENZENE 120-82-1 5.0 2.0 X 102 41,1-TRICm-OROEn1ANE O6ErNYL CHWROFORAO 71-55-6 5.0 7.0 X 102 1,1,2-TRICHLOROETHANE 79-00-5 5.0 1.2 X 102 TRICHLOROETHYLENE (TRICHLOROETHENE) 79-01-6 5.0 6.4 X 10' TRICHLOROFLOUROMETHANE (FREON 11) 75-69-4 5.0 2.0 X 10' 2,4,5-TRICHLOROPHENOL 95-95-4 f 8.0 X 102 2,4,6-TRICHLOROPHENOL 68-06-2 f 6.4 X 10' 2,4,5-7RICHLOROPHENOXY ACE77C ACID (2,4,5-7) 93-76-5 5.0 8.0 X 102 1,1,2-TRICHLOROPROPANE 598-77-6 5.0 4.0 X 102 1,2,3-TRICHLOROPROPANE 96-18-4 5.0 5.0 X 102 1,2,3-TRICHLOROPROPENE 96-19-5 5.0 4.0 X 102 1,1, 2-TRICHLORO-1,2,2.7RIFLUOROEIHANE 76-13-1 5.0 2.0 X 106 TRIFLURALIN 1582-09-8 3.5 X 10' 6.0 X 102 1,2,4-TRIMETHYLBENZENE 95-63-6 5.0 1,3,5-TRIMETHYLBENZENE 108-67-8 5.0 TRIMETHYL PHOSPHATE 512-56-1 9.0 X 10-16 1.9 X 10' 2,4,6-TRIMETHYLpypMINE (2,4,6COLLIDINE) 108-75-8 5.0 X lOle 2,3,6-TRIMETHYLPYRIDINE 1462-84-6 5.0 X 10's 6Ym-TRINIIROBENZENE (1,3,5-7RINLrROBENZENE) 99-35-4 5.0 4.0 2,4,6-TRINITROTOLUENE (TNT) 118-96-7 5.0 4.0 X 10' TRIPHENYLPHOSPHATE 115-86-6 5.0 X 1019 VANADIUM, TOTAL ` 2.5 X 102n 6.0 X 102 VANADIUM PENTOXIDE 1314-62-1 3.5 X 1026 7.0 X 102 VANADYL SULFATE 27774-13-6 7.0 X 1026 2.0 X 103 VERNOLATE 1929-77-7 3.5 X 1016 8.0 X 101 Pp Na 16 112591 NEW YORK STATE DEPARTMENT of l:NVSXONlir;d iw,. t.unac,Aw-. yr ACTION LEVEL for GROUNDWATER and SOIL/SEDIMENT F nstituent CAS No. Groundwater Soil/S-- Action Level Action OWL) (mgt 108-05-4 3.5 X 10' 8.0 . CETATE HLORIDE (CHLOROETHENE) 75-01-4 2.0 ~3..6 X N 81-81-2 1.1 X 101 ~ _2.0 X (DIMETHYL BENZENE), TOTAL 1330-20-7-2.0 X 1 E (3-DIMETHYL BENZENE) 108-38-4 5.0 2.0 X 1 E (2-DIMETHYL BENZENE) 75-01-4 5.0 2.0 X 1 E (4-DIMETHYL BENZENE) 81-81-2 5.0 OTAL <3.0 X 102 2.0 X 1 YANIDE 557-21-1 1.8 X 103h 4.0 X 1 HOSPHIDE 1341-84-7 1.1 X 101h -_1 2.0 X 1 ZINEB 12122-67-7 1.78 4.0 X 1 ZIRAM 137-30-4 4.18 Pap He. 17 Footnotes a Total concentration of iron and manganese should not exceed 500 ug/l. b Total concentration of these four trihalomethanes shall not exceed 100 ug/l. c All species in the groundwater and/or soil that contain this element are included in the total. d Guidance value for total chlorinated dibenzo-p-dioxins and chlorinated dibenzofurans is 0.0000002 kg/L equivalents of 2,3,7,8- tetrachlorodibenzo-p-dioxin (2,3,7,8-TCDD). The 2,3,7,8-TCDD equivalent for a congener is obtained by multipling the concentration of that congener by its toxicity equivalence factor (TEF) from the table below. The Guidance value for Class GA waters does not include the congener 2,3,7,8-TCDD. A guidance value for an idividual congener value can be calculated by dividing 0.0000002 Ng/L by the TEF for that congener. 0.000035 Mg/L applies only to 2,3,7,8-TCDD Congener - TEF 2,3,7,8-TETRACHLORODIBENZO-p-DIOXIN 1 Other tetrachlorodibenzo-p-dioxins 0.01 2,3,7,8-PETTACHLORODIBENZO-p-DIOXIN 0.5 Other pentachlorodibenzo-p-dioxins 0.005 2,3,7,8-HEXACHLORODIBENZO-p-DIOXINS 0.05 Other hexachlorodibenzo-p-dioxins 0.0005 2,3,7,8-HEPTACHLORODIBENZO-p-DIOXIN 0.005 Other heptachlorodibenzo-p-dioxins 0.00005 OCTACHLORODIBENZO-p-DIOXIN 0.005 2,3,7,8-TETRACHLORODIBENZOFURAN 0.1 Other tetrachlorodibenzofurans 0.001 2,3,4,7,8-PENTACHLORODIBENZOFURAN 0.5 1,2,3,7,8-PENTACHLORODIBENZOFURAN 0.05 Other pentachlorodibenzofurans 0.005 2,3,7,8-HEXACHLORODIBENZOFURAN 0.1 Other hexachlorodibenzofurans 0.001 2,3,7,8-HEPTACHLORODIBENZOFURAN 0.005 Other heptachlorodibenzofurans 0.00005 OCTACHLORODIBENZOFURAN 0.005 II?391 np Ne. 13 e This value has been adopted by the New York State and USEPA Region II RCRA programs. USEPA promulgated under TSCA a clean soil standard of one (1) part per million for PCBs. f All phenolic compounds (total phenols) shall not exceed 1 Ng/L [NY TOGS q Since 6NYCRR a Part 703 GA Standard does not exist for this constituent, Guidance value from NY T.O.G.S. 1.1.1 was used. h Since 6NYCRR a Part 703 GA Standard and/or Guidance value does not exist for this constituent, a Health Based value from the EPA Health Effects Assessment Summary Tables was used. i The effective date for these EPA HCLS is July 30, 1992 j Refer to footnotes in the NYSDEC Division of Water Technical and Operational Guidance Series (TOGS) 1.1.1. k This is EPA's recommendation based on the Uptake/Biokinetic (UBR) model in assessing total lead exposure and developing a soil lead cleanup level at CERCLA and RCRA sites. NA Not Available ND Not Detectable by tests or analytical determinations. The groundwater protection concentration should be written as non-detectable (ND) with a footnote specifying the method detection limit (MDL) for the most sensitive analytical technique (e.g., benzene ND by USEPA Method 602 or 8020 with an MDL - 0.2 ug/1). References 6 NYCRR Part 703.5(a)(3) - September 15, 1991 10 NYCRR Part 5 - January 9, 1989 EPA MCL - January 31, 1991 NY TOGS (1.1.1) - November 15, 1991 EPA HEAST - January 31, 1991 Rp No. 19 II RS92 HER-94A046 Janwy 24, 1994 New York State Department of Environmental Conservation (REVISED) MEMORANDUM To: Regional Haz. Waste Remediation Engineers, Bureau Dirs. & Section Chiefs FROM: Michael J. O'Toole, Jr., Director, Div. of Hazardous Waste Remediation SUBJECT: DIVISION TECHNICAL AND ADMINISTRATIVE GUIDANCE MEMORANDUM: DATE: DETERMINATION OF SOIL CLEANUP OBJECTIVES AND CLEANUP LEVELS JAN 24 1994 ?,?~9~ The cleanup goal of the Department is to restore inactive hazardous waste sites to predisposal conditions, to the extent feasible and authorized by law. However, it is recognized that restoration to predisposa"t conditions will not always be feasible. 1. INTRODUCTION: This TAGM provides a basis and procedure to determine soil cleanup levels at individual Federal Superfund, State Superfund, 1986 EQBA Title 3 and Responsible Party (RP) sites, when the Director of the DHWR determines that cleanup of a site to predisposal conditions is not possible or feasible. The process starts with development of soil cleanup objectives by the Technology Section for the contaminants identified by the Project Managers. The Technology Section uses the procedure described in this TAGM to develop soil cleanup objectives. Attainment of these generic soil cleanup objectives will, at a minimum, eliminate all significant threats to human health and/or the environment posed by the inactive hazardous waste site. Project Managers should use these cleanup objectives in selecting alternatives in the Feasibility Study (FS). Based on the proposed selected remedial technology (outcome of FS), final site specific soil cleanup levels are established in the Record of Decision (ROD) for these sites. It should be noted that even after soil cleanup levels are established in the ROD, i these leveis may prove to be unattainacic wiper ;emed;a, :xrst"-aCu..n I that ,,:,6....,. event, alternative remedial actions or institutional controls may be necessary to protect the environment. 2. BASIS FOR SOIL CLEANUP OBJECTIVES: The following alternative bases are used to determine soil cleanup objectives: (a) Human health based levels that correspond to excess lifetime Page 1 of 5 ® PmiweD on RECYCLED PAPER cancer risks of one in a million for Class Al and B2 carcinogens, or one in 100.000 for Class C3 carcinogens. These levels are contained in USEPA's Health Effects Assessment Summary Tables (HEASTs) which are compiled and updated quarterly by the NYSDEC's Division of Hazardous Substances Regulation; (b) Human health based levels for systemic toxicants, calculated from Reference Doses (RfDs). RfDs are an estimate of the daily exposure an individual (including sensitive individuals) can experience without appreciable risk of health effects during a lifetime. An average scenario of exposure in which children ages one to six (who exhibit the greatest tendency to ingest soil) is assumed. An intake rate of 0.2 gram/day for a five-year exposure period for a 15-kg child is ms Limed. These levels are contained in USEPA's Health Effects Assessment Summary Tables (HEASTs) which are compiled and updated quarterly by the NYSDEC's Division of Hazardous Substances Regulation; (c) Environmental concentrations which are protective of groundwater/drinking water quality; based on promulgated or proposed New York State Standards; (d) Background values for contaminants; and (e) Detection limits. A recommendation on the appropriate cleanup objective is based on the criterion that produces the most stringent cleanup level using criteria a, b, and c for organic chemicals, and criteria a, b, and d for heavy metals. If criteria a and/or b are below criterion d for a contaminant, its background value should be used as the cleanup objective. However, cleanup objectives developed using this approach must be, at a minimum, above the method detection limit (MDL) and it is preferable to have the soil cleanup objectives above the Contract Required Quantitation Limit (CRQL) as defined by NYSDEC. If the cleanup objective of a compound is "non-detectable", it should mean that it is not detected at the MDL. Efforts should be made to obtain the best MDL detection possible when selecting a laboratory and analytical protocol. The water/soil partitioning theory is used to determine soil cleanup objectives which would be protective of groundwater/drinking water quality for its best use. This theory is conservative in nature and assumes that contaminated soil and groundwater are in direct contact. This theory is based upon the ability of organic matter in soil to adsorb organic chemicals. The approach predicts the maximum amount of contamination that may remain in soil so that leachate from the contaminated soil will not violate groundwater and/or drinking water Page 2 of 5 standards. (1) Class A are proved human carcinogens (2) Class B are probable human carcinogens (3) Class C are possible human carcinogens This approach is not used for heavy metals, which do not partition appreciably into soil organic matter. For heavy metals, eastern USA or New York State soil background values may be used as soil cleanup objectives. A list of values that have been tabulated is attached. Soil background data near the site, if available, is preferable and should be used as the cleanup objective for such metals. Background samples should be free from the influences of this site and any other source of contaminants. Ideal background samples may be obtained from uncontaminated upgradient and upwind locations. 3. DETERhE dATION OF SOIL CLEANUP GOALS FOR ORGANICS IN SOIL FOR PROTECTION OF WATER QUALITY Protection of water quality from contaminated soil is a two-part I problem. The first is predicting the amount of contamination that will leave the contaminated media as leachate. The second part of the problem is to determine how much of that contamination will actually contribute to a violation of groundwater standards upon reaching and dispersing into groundwater. Some of the contamination which initially leaches out of soil will be absorbed by other soil before it reaches groundwater. Some portion will be reduced through natural attenuation or other mechanism. PART A: PARTITION THEORY MODEL There are many test and theoretical models which are used to predict leachate quality given a known value of soil contamination. The Water-Soil Equilibrium Partition Theory is used as a basis to determine soil standard or contamination limit for protection cf water quality by most of the models currently in use. It is based on the ability of organic carbon in soil to adsorb contamination. Using a water quality value which may not be exceeded in leachate and the partition coefficient method, the equilibrium concentration (Cs) will be expressed in the same units as the water standards. The following expression is used: Allowable Soil Concentration Cs = f x Koc x Cw (1) Where: f = fraction of organic carbon of the natural soil medium. Page 3 of 5 Koc = partition coefficient between water and soil media. Koc can be estimated by the following equation: log Koc = 3.64 - 0.55 log S S = water solubility in ppm Cw = appropriate water quality value from TOGS 1.1.1 Most Koc and S values are listed in the Exhibit A-1 of the USEPA Superfund Public Health Evaluation Manual (EPA/540/1-86/060). The Koc values listed in this manual should be used for the purpose. If the Koc value for a contaminant is not listed, it should be estimated using the above mentioned equation. PART B: PROCEDURE FOR DETERMINATION OF SOIL CLEANUP OBJECTIVES When the contaminated soil is in the unsaturated zone above the water table, many mechanisms are at work that prevent all of the contamination that would leave the contaminated soil from impacting groundwater. These mechanisms occur during transport and may work simultaneously. They include the following: (1) volatility, (2) sorption and desorption, (3) leaching and diffusion, (4) transformation and degradation, and (5) change in concentration of contaminants after reaching and/or mixing with the groundwater surface. To account for these mechanisms, a correction factor of 100 is used to establish soil cleanup objectives. This value of 100 for the correction is consistent with the logic used by EPA in its Dilution Attenuation Factor (DAF) approach for EP Toxicity and TCLP. (Federal Register/Vol. 55, No. 61, March 29, 1990/Pages 11826-27). Soil cleanup objectives are calculated by multiplying the allowable soil concentration by the correction factor. If the contaminated soil is very close ( <3' - 5') to the groundwater table or in the groundwater, extreme caution should be exercised when using the correction factor of 100 (one hundred) as this may not give conservative cleanup objectives. For such situations the Technology Section should be consulted for site-specific cleanup objectives. Soil cleanup objectives are limited to the following maximum values. These values are consistent with the approach promulgated by the States of Washington and Michigan. 1) Total VOCs < 10 ppm. 2) Total Semi VOCs < 500 ppm. 3) Individual Semi VOCs < 50 ppm. 4) Total Pesticides < 10 ppm. One concern regarding the semi-volatile compounds is that some of these compounds are so insoluble that their Cs values are fairly large. Experience (Draft TOGS on Petroleum Page 4 of 5 Contaminated Soil Guidance) has shown that soil containing some of these insoluble substances at high concentrations can exhibit a distinct odor even though the substance will not leach from the soil. Hence any time a soil exhibits a discernible odor nuisance, it shall not be considered clean even if it has met the numerical criteria. 4. DETERMINATION OF FINAL CLEANUP LEVELS: Recommended soil cleanup objectives should be utilized in the development of final cleanup levels through the Feasibility Study (FS) process. During the FS, various alternative remedial actions developed during the Remedial Investigation (RI) are initially screened and narrowed down to the list of potential alternative remedial actions thai will be evaluated in detail. These alternative remedial actions are evaluated using the criteria discussed in TAGM 4030, Selection of Remedial Actions at Inactive Hazardous Waste Sites, revised May 15, 1990, and the preferred remedial action will be selected. After the detailed evaluation of the preferred remedial action, the final cleanup levels which can be actually achieved using the preferred remedial action must be established. Remedy selection, which will include final cleanup levels, is the subject of TAGM 4030. Recommended soil cleanup objectives that have been calculated by the Technology Section are presented in Appendix A. These objectives are based on a soil organic carbon content of 196 (0.01) and should be adjusted for the actual organic carbon content if it is known. For determining soil organic carbon content, use attached USEPA method (Appendix B). Please contact the Technology Section, Bureau of Program Management for soil cleanup objectives not included in Appendix A. Attachments cc: T. Jorling J. Davis J. Lacey J. Kelleher M. Gerstman J. Colyuhoun A. DeBarbieri D. Persson E. Sullivan A. Carlson T. Donovan M. Birmingham C. Sullivan D. Johnson J. Eckd B. Hogan R. Davies Regional Directors R. Dana Regional Engineers C. Goddard Regional Solid and Haz. Waste Engrs. E. McCandless Regional Citizen Participation Spec. P. Counterman Page 5 of 5 APPENDIX A TABLE 1 ReeoaaNxded soil cleanup objectives (p/kg or ppa) Volatile Organic Contaminants a b USEPA Mea Lth Based Contaminant Partition groundwater Allowable Soil Cleanup (Ppa) coefficient Staidards/ Soil conc. objectives to Rec.soii Koc Criteria Cw pps. Protect Gw Carcinogens; Systemic CRDL Clnup Objci ug/l or ppb. Cs Quality (ppm) Toxicants (ppb) (Ppm) Acetone 2.2 50 0.0011 0.11 N/A 8,000 10 0.2 Benzene 83 0.7 0.0006 0.06 24 M/A 5 0.06 Benzoic Acid 54• 50 0.027 2.' N/A 300,000 5 2.7 2-Butanone 4.5• 50 0.003 0.3 N/A 4,000 10 0.3 Carbon Disulfide 54• 50 0.027 2.7 N/A 8,000 5 2.7 Carbon Tetrachloride 11D• 5 0.006 0.6 5.4 60 5 0.6 Chlorobenzene 330 5 0.017 1.7 M/A 2,000 5 I J Chloroethane 37• 50 0.019 1.9 N/A MIA 10 1.9 Chloroform 31 7 0.003 0.30 114 800 5 0.3 Dibroamhloromethan* M/A 50 M/A MIA N/A MIA 5 MIA 1,2-Dichlorobenzene 1,700 4.7 0.079 7.9 N/A N/A 330 7..9 1,3-Dichlorobenzene 310 • 5 0.0155 1.55 N/A MIA 330 1.6 1,4-Dichlorobenzene 1,700 5 0.085 8.5 M/A M/A 330 8.5 1,1-Oichloroethene 30 5 0.002 0.2 N/A N/A 5 0.2 1,2-Dich Loroethane 14 5 0.001 0.1 7.7 M/A 5 0.1 1,1-Dichloroethene 65 5 0.004 0.4 12 700 5 0.4 1,2-Dichloroethene(trans) 59 5 0.003 0.3 N/A 2,000 5 0.3 i 1,3-dichloropropane 51 5 0.003 0.3 N/A N/A 5 4.3 Ethylbenzene 1,100 5 0.055 5.5 N/A 8,000 5 5.5 113 Freon(1,1,2 Trichloro- 1,2,2 Trifluoroethane) 1,230• 5 0.060 6.0 N/A 200,000 5 6.0 Methylene chloride 21 5 0.001 0.1 93 5,000 5 0.1 4-Methyl-2-Pentanone 19• 50 0.01 1.0 N/A M/A 10 1.U Tetrachlorcethene 2T7 5 0.014 1.4 14 800 5 1.4 1,1,1-Trichloroethane 152 5 0.0076 0.76 M/A 7,000 5 0.8 1,1,2,2-Tetrachloroethane 118 5 0.006 0.6 35 N/A 5 0.6 1,2,3-trichloropropane 68 5 0.0034 0.34 N/A 80 5 0.4 1,2,4-Trichlorobenzem 670 • 5 0.034 3.4 N/A MIA 330 :.a Toluene 300 5 0.015 1.5 MIA 20,000 5 Trich(orxtham 126 5 0.00.' 0.70 64 MIA 5 ('.7 Vinyl chloride 57 2 0.0012 0.12 N/A MIA 10 0.2 xytenes 240 5 0.012 1.2 N/A 200,000 a. Allowable Soil Concentration CS = f x Cm x Koc b. Soil cleanup objective - Cs x Correction Factor (CF) N/A is not available • Partition coefficient is calculated by using the following equation: tog Koc = -0.55 log S + 3.64, where S is solubility in water in ppn. All other Koc values are experimental values. Correction Factor (CF) of 100 is used as per TAGM 04046 As per TAGM 04046, Total VDCs < 10 ppm. Note: Soil cleanup objectives are developed for soil organic carbon content (f) of 1% and should be adjusted for the actual soil organic carbon content if it is known. APPENDIX A (cont.) TABLE 2 Recaamrded Soil Clesnup Objectives (am/k6 or ppa) Seri-Volatile Organic Contest nents a b USEPA Nealth Based Contaminant Partition Groundwater Allowable Soil Cleanup (ppa) CROL Rec.soil coefficient Standards/ Soil conc. objectives to (ppb) Clnup Obj- Koc Criteria CN ppm. Protect GV Carcinogens Systemic (ppm) ug/l or ppb. CS Quality (Ppm) Toxicants Acenaphthene 4,600 20 0.9 90.0 N/A 5,000 330 50.0•' Acensphthyl ene 2,056• 20 0.41 41.0 N/A N/A 330 41.0 Aniline 13.8 5 0.001 0.1 123 N/A 330 0.1 Anthracene 14,000 50 7.00 700.0 M/A 20,000 330 50.0•' Benzowanthraceu 1,380,000 0.002 0.03 3.0 0.224 N/A 330 0.224 or Benzo(a)pyrene 5,500,000 0.002(ND) 0.110 11.0 0.0609 M/A 330 0.061 or Senzo(b)f Luoranthene 550,000 0.002 0.011 1.1 N/A N/A 330 1.1 Bsnzo(9,h,0peryl ene 1,600,000 5 8.0 am M/A N/A 330 50.0•- Be zo(k)fluoranthene 550,000 0.002 0.011 1.1 M/A N/A 330 1.1 bis(2-ethylhexyl)phthalate 8,706• 50 4.35 435.0 50 2,000 330 50.0• Butylbenzylphthlate 2,430 50 1.215 122.0 N/A 20,000 330 50.0• Chrysee 200,000 0.002 0.004 0.4 N/A M/A 330 0.4 4-Chloroaniline 43 5 0.0022 0.22 200 300 330 0.220 or : 4-Chloro-3-methylphencL 47 5 0.0024 0.24 N/A N/A 330 0.240 or : i 2-Chlorophenol 15• 50 O.ODS 0.8 M/A 400 330 0.8 Dibeizofuren 1,230• 5 0.062 6.2 N/A N/A 330 6.2 Dibenzo(a,h)anthrecene 33,000,000 50 1,650 165,000 0.0143 N/A 330 0.014 or : 3,31-Dichlorobenzidine N/A N/A N/A N/A N/A N/A N/A N/A 2,4-DichlorophenoL 380 1 0.004 0.4 N/A 200 330 0.4 2,4-Dinitrophenol 38 5 0.002 0.2 N/A 200 1,600 0.200 or : 2,6 Dinitrotoluene 198• 5 0.01 1.0 1.03 M/A 330 1.0 Diethylphthlate 142 50 0.071 7.1 N/A 60,000 330 7.1 Dimethylphthlate 40 50 0.020 2.0 N/A 80,000 330 2.0 Di-n-butyl phthaLate 162• 50 0.081 8.1 N/A 8,000 330 8.1 Di-n-octyl phthlate 2,346• 50 1.2 120.0 N/A 2,000 330 50.0•- FLuoranthene 38,000 50 19 1900.0 N/A 3,000 330 50.0• F Lucrene 7,300 50 3.5 350.0 N/A 3,000 330 50.0' Nexachlorobenzene 3,900 0.35 0.014 1.4 0.41 60 330 0.41 Indem(1,2,3-cd)pyrene 1,600,000 0.002 0.032 3.2 N/A N/A 330 3.2 Isophorone 88.31• 50 0.044 4.40 1,707 20,000 330 4.40 2-methylnsphthalene 727• 50 0.364 36.4 M/A N/A 330 36.4 2-Methylphanol 15 5 0.001 0.1 N/A N/A 330 0.100 or 4-Methylphe of 17 50 0.009 0.9 N/A 4,000 330 0.9 Naphthalene 1,300 10 0.130 13.0 N/A 300 330 13.0 Nitrobenzene 36 5 0.002 0.2 N/A 40 330 0.200 or : 2-NitroaniLine 86 5 0.0043 0.43 N/A N/A 1,600 0.430 or : 2-NitrophemL 65 5 0.0033 0.33 N/A N/A 330 0.330 or : 4-NitrophemL 21 5 0.001 0.1 N/A N/A 1,600 0.100 or : 3-NitroaniLine 93 5 0.005 0.5 N/A N/A 1,600 0.500 or : Pentachlorophenol 1,022 1 0.01 1.0 N/A 2,000 1,600 1.0 or MDi Phensnthrene 4,365' 50 2.20 220.0 N/A N/A 330 50.0• Phenol 27 1 0.0003 0.03 N/A 50,000 330 0.03 or H Pyrene 13,295• 50 6.65 665.0 N/A 2,000 330 50.0•- 2,4,5-Trichloropheno 1 89• 1 0.001 0.1 N/A 8,000 130 0.1 a. Allowlble Soil Concentration Cs = f x Cw x Koc b. Soil cleanup objective = Cs x Correction Factor (CF) N/A is not available ML is Method Detection Limit • Partition coefficient is calculated by using the following equation: Log Koc = -0.55 log 5 + 3.64, where S is solubility in water in ppm. Other Koc values are experimental values. Correction Factor (CF) of 100 is used as per TAGM 04046 As per TAGM 04046, Total V%s < 10 ppm., Total Semi-VOCs < 500 ppm. and individual Semi-VOCs < 50 Pm• Koc is derived from the correlation Koc = 0.63 Kow ( Determining Soil Response Action Levels..... EPA/54012-89/057 Kow is obtained from the USEPA computer database 'MAINZ. Note: Soil cleanup objectives are developed for soil organic carbon content (f) of 1%, and should be adjusted for the actual Soil organic carbon content if it is known. APPENDIX A (cant.) TABLE 3 Recamerdad soil cleanup objectives (mg/kg or ppm) Organic Pesticides / Herbicides and PCBs a b USEPA Health Based Contaminant Partition Groundwater Allowable Soil Cleanup (ppm) coefficient Standards/ Soil cone objectives to Koc Criteria Cw PPM. Protect GN Carcinogens Systemic CROL Rec.soil ug/t or ppb. Cs Quality (Ppm) Toxicants Clnxp Objct (ppb) (Ppa) Aldrin %,000 ND(<0.01) 0.005 0.5 0.041 2 8 0.041 alpha - BHC 3,800 ND(<0.05) 0.002 0.2 0.111 N/A 8 0.11 beta - BHC 3,800 ND(<0.05) 0.002 0.2 3.89 N/A 8 0.2 delta - BHC 6,600 NDC<0.05) 0.003 0.3 N/A N/A 8 0.3 Chlordane 21,305• 0.1 0.02 2.0 0.54 50 80 0.54 2,4-D 104• 4.4 0.005 0.5 M/A 800 800 0.5 4,41-DDO 770,000• ND(<0.01) 0.077 7.7 2.9 N/A 16 2.9 4,41-DDE 440,000• ND(<0.01) 0.0440 4.4 2.1 N/A 16 2.1 4,41-DDT 243,000• ND(<0.01) 0.025 2.5 2.1 40 16 2.1 Dibenzo-P-dioxins(PCDD) 2,3,7,8 TODD 1709800 0.000035 0.0006 0.06 N/A N/A N/A N/A Dieldrin 10,700• MD(<0.01) 0.0010 0.1 0.044 4 16 0.044 Endosulfan I 8,168• 0.1 0.009 0.9 N/A N/A 16 0.9 Endosulfan 11 8,031• 0.1 0.009 0.9 N/A N/A 16 .0.9 Endosulfan Sulfate 10,038• 0.1 0.01 1.0 N/A N/A 16 1.0 Endrin 9,157• ND(40.01) 0.001 0.1 N/A 20 8 0.10 Endrin keytone N/A N/A M/A N/A N/A N/A N/A N/A gamma - BHC (Lirdane) 1,080 ND(<0.05) 0.0006 0.06 5.4 20 8 0.06 gamma - chlordane 140,000 0.1 0.14 14.0 0.54 5 80 0.54 Heptachlor 12,000 ND(<0.01) 0.0010 0.1 0.16 40 8 0.10 Heptachlor epoxide 220 MDC<0.01) 0.0002 0.02 0.077 0.8 8 0.02 Methoxychlor 25,637 35.0 9.0 900 N/A 400 80 mitotane N/A N/A N/A N/A N/A N/A N/A N/A Parathion 760 1.5 0.012 1.2 N/A 500 8 1.2 PCBS 17,510• 0.1 0.1 10.0 1.0 N/A 160 1.0(Surfacc 10(sub-surf Polychtorinated dibenzo- furans(PCDF) N/A N/A N/A N/A N/A N/A N/A N/A Silvex 2,600 0.26 0.007 0.7 N/A 600 330 0.7 2,4,5-T 53 35 0.019 1.9 N/A 200 330 1.9 a. Allowable Soil Concentration Cs = f x Cw x Koc b. Soil cleanup objective = Cs x Correction Factor (CF) N/A is not available • Partition coefficient is calculated by using the following equation: log Koc = -0.55 log S + 3.64, where S is solubility in water in ppm. All other Koc values are experimental values. Correction Factor (CF) of 100 is used as per TAGN 04046 As per TAGH #4046, Total Pesticides < 10 ppm. Note: Soil cleanup objectives are developed for soil organic carbon content (f) of 1% (5% for PCBs as per PCB guidance document), and should be adjusted for the actual soil organic Carbon content if it is known. APPENDIX A Rev. 12/93 TABLE 4 Recommended Soil Cleanup Objectives (M/kg or ppm) for Heavy Metals • HH• Protect Contaminants Water Eastern USA CRDL Rec.soil Quality Background mg/kg Clnup Objet. PPM PPM or ppm (ppm) Aluminum N/A 33,000 2.0 SB Antimony N/A N/A 0.6 SB Arsenic N/A 3-12 0.1 7.5 or S8 Barium N/A 15.600 2.0 300 or SB Beryllium N/A 0-1.75 0.05 0.16(HEAST) or SB Cadmium N/A 0.1-1 0.05 1 or 5B Calciun N/A 130 - 35,000 50.0 SB Chromium N/A 1.5-40 0.1 10 or SB Cobalt N/A 2.5-60 0.5 30 or SB Copper N/A 1-50 0.25 25 or SB N/A N/A 0.1 H• Cyanide Iron N/A 2,000 - 550,000 1.0 2,000 or SB N/A 0.03 SB•••• Lead Magnesium N/A 100 - 5,000 50.0 SB Manganese N/A 50 5,000 0.15 SB Mercury N/A 0.001-0.2 0.002 0.1 Nickel N/A 0.5-25 0.4 13 or SB Potassi un M/A 8,500 - 43,000 50.0 SB Selenium N/A 0.1.3.9 0.05 2 or SB Silver N/A N/A 0.1 SS Sodium N/A 6,000 - 8,000 50.0 SB Thallium N/A N/A 0.1 SS Vsnediun N/A 1-300 0.5 150 or SS Zinc W/A 9.50 0.2 20 or S8 Note: Soae forms of meta( salts such as Aluminum Phosphide, Calcium Cyanide, Potassium Cyanide, Copper cyanide, Silver cyanide, Sodium cyanide, Zinc phosphide, Thalliun salts, Vanadium pentoxide, and Chromium (VI) compounds are more toxic in nature. Please refer to the USEPA HEASTs database to find cleanup objectives if such metal salts are present in soil. SB is site background N/A is not available • CRDL is contract required detection limit which is approx. 10 times the CRDL for water. New York State backgrond Some form of Cyanide are complex and very stable while other forms are pH dependent and hence are very unstable. Site-specific form(s) of Cyanide should be taken into consideration when establishing soil cleanup objective. Background levels for lead vary widely. Average levels in undeveloped, rural areas may range from 4-61 ppm. Average background levels in metropolitan or suburban areas or near highways are much higher end typically range from 200-500 ppm. --*-*Recommended soil cleanup objectives are average background concentrations as reported in a 1984 survey of reference material by E. Carol McGovern, NYSDEC. Conventional Sediment Variables Total Organic Carbon (TOC) March 1986 TOTAL ORGANIC CARBON (TOC) USE AND LIMITATIONS Total organic carbon is a measure of the total amount of nonvolatile, volatile, partially volatile, and particulate organic compounds in a sample. Total organic carbon is independent of the oxidation state of the organic compounds and is not a measure of the organically bound and inorganic elements that can contribute to the biochemical and chemical oxygen demand tests. Because inorganic carbon (e.g., carbonates, bicarbonates, free C02) will interfere with total organic carbon determinations, samples should be treated to remove inorganic carbon before being analyzed. FIELD PROCEDURES Collection Samples can be collected in glass or plastic containers. A minimum sample size of 25 g is recommended. If unrepresentative material is to be removed from the sample, it should be removed in the field under the supervision of the chief scientist and noted on the field log sheet. Processing Samples should be stored frozen and can be held for up to 6 mo under that condition. Excessive temperatures should not be used to thaw samples. LABORATORY PROCEDURES Analytical Procedures e Equipment = Induction furnace e.g., Leco WR-12, Dohrmann DC-50, Coleman CH analyzer, Perkin Elmer 240 elemental analyzer, Carlo-Erba 1106 Analytical balance 0.1 mg accuracy • Desiccator Combustion boats 10 percent hydrochloric acid (HC1) Cupric oxide fines (or equivalent material) Benzoic acid or other carbon source as a standard. 23 Conventional Sediment Variables Total Organic Carbon (TOC) March 1986 e E u1 ment re oration can canbus ion boats by placing them in the induction furnace at 9500 C. After being cleaned, combustion boats should not be touched with bare hands. Cool boats to room temperature in a desiccator. Heigh each boat to the nearest 0.1 mg. e ample re oration ow rozen samples to warm to room temperature. Homogenize each sample mechanically, incorporating any overlying water. Transfer a representative aliquot (5-10 g) to a clean container. e Anal tical rocedures ry $amp es to constant weight at 70 + 20 C. The drying temperature is relatively low to minimize loss of volatile organic compounds. Cool dried samples to room temperature in a desiccator. Grind sample using a mortar and pestle to break up aggregates. Transfer a representative aliquot (0.2-0.5 g) to a clean, preweighed combustion boat. Determine sample weight to the nearest 0.1 mg. Add several drops of HC1 to the dried sample to remove car- bonates. Wait until the effervescing is completed and add more acid. Continue this process until the incremental addition of acid causes no further effervescence. Do not add too much acid at one time as this may cause loss of sample due to frothing. Exposure of small samples (i.e., 1-10 mg) having less than 50 percent carbonate to an HC1 atmosphere for 24-48 h has been shown to be an effective means of removing carbonates (Hedges and Stern 1984). If this method is used for sample sizes greater than 10 mg, its effectiveness should be demonstrated by the user. Dry the HC1-treated sample to constant weight at 70 ± 20 C. Cool to roan temperature in a desiccator. Add previously ashed cupric oxide fines or equivalent material (e.g., alumina oxide) to the sample in the combustion boat. Combust the sample in an induction furnace at a minimum temperature of 950 + 100 C. e Calculations an ascarite-fitted tube 1s used to capture C02, the carbon content of the sample can be calculated as follows: Percent carbon . A(0.2729) 100 24 Conventional Sediment Variables Total Organic Carbon (TOC) March 1986 Where: A the weight (g) of C02 determined by weighing the ascarite tube before and after combustion 8 • dry weight (g) of the unacidified sample in the combustion boat 0.2729 • the ratio of the molecular weight of carbon to the molecular weight of carbon dioxide A silica gel trap should be placed before the ascarite tube to catch any moisture driven off during sample combustion. Additional silica gel should be placed at the exit end of the ascarite tube to trap any water that might be formed by reaction of the trapped C02 with the NaOH in the ascarite. If an elemental analyzer is used, the amount of C02 will be measured by a thermal conductivity detector. The instrument should be calibrated daily, using an empty boat blank as the zero point and at least two standards. Standards should bracket the expected range of carbon concentrations in the samples. QA/QC Procedures It is critical that each sample be thoroughly homogenized in the laboratory before a subsample is taken for analysis. Laboratory homogenization should be conducted even if samples were homogenized in the field. Dried samples should be cooled in a desiccator and held there until they are weighed. If a desiccator is not used, the sediment will accumulate ambient moisture and the sample weight will be overestimated. A color- indicating desiccant is recommended so that spent desiccant can be detected easily. Also, the seal on the desiccator should be checked periodically and, if necessary, the ground glass rims should be greased or the "0" rings should be replaced. It is recommended that triplicate analyses be conducted on one of every 20 samples, or on one sample per batch if less than 20 samples are analyzed. A method blank should be analyzed at the same frequency as the triplicate analyses. The analytical balance should be inspected daily and calibrated at least once per week. The carbon analyzer should be calibrated daily with freshly prepared standards. A standard reference material should be analyzed at least once for each major survey. DATA REPORTING REQUIREMENTS Total organic carbon should be reported as a percentage of the dry weight of the unacidified sample to the nearest 0.1 unit. The laboratory should report the results of all samples (including QA replicates, method 25 Conventional Sediment Variables Total organic Carbon (TOC) March 1986 blanks, and standard reference measurements) and should note any problems that may have influenced sample quality. The laboratory should also provide a summary of the calibration procedure and results (e.q., range covered, regression equation, coefficient of determination). 26 PLANNING BOARD MEMBE gpFFO(,~ BENNETT ORLOWSKI, JR. Town Hall, 53095 State Route 25 Cnairman P.O. Box 1179 WILLIAM J. CREMERS O < Southold, New York 11971-0959 KENNETH L. EDWARDS y Fax (63D 765-3136 GEORGE RITCHIE LATH", JR. O .-F?Y Telephone (637..) 765-1938 RICHARD CAGGIANO 4w, PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 22, 2000 Ms. Peri Youmans Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Proposed Lot Line Change for Joseph Macari - Suffolk County Water Authority SCTM#1000-121-4-9.1 & 121-5-5.1 Dear Ms. Youman: The following resolution was adopted by the Southold Town Planning Board at a meeting held on August 21, 2000: BE IT RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated September 9, 1999. Conditional final approval was granted on September 13, 1999. All conditions have been fulfilled. Enclosed please find a copy of the map which was endorsed by the Chairman. Please contact this office if you have any further questions. Sincerely, Bennett Orlowski, Jr. Chairman Encl. cc: Tax Assessors IAA Peconic Land Trust to Q s key M e Ao 4o ese i n \ d 1 ~~tft 5 ab t~ C cocO 9 c& f / r/C O GIJe a f) iCc G7Ry, 296 Hampton Road, P.O. Box 1776, 5outhampton, NY 11969 516-253-3195 ,11998PC747 C 2 R[ QOROEO Number of pages E RE~p it 15 N1'99 $ TORRENS F\El\LES 'A1'E Serial EDWARl; I;O+t„INE NOV 0 41999 vcr) -1 C E;"t OF T Ln SUFFOIje, U;. riTY Certificate # CRAWSMS TAX rl Prior Ctf. # ?J~i";" Jt.:C Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 4 FEES Page / Filing Fee Mortgage Amt. Handling I. Basic Tax TP-584 2. Additional Tax _ Notation - Sub Total EA-52 17 (County) Sub Total Spec./Assit. EA-5217 (State) Or _ Spec. /Add. R.P.T.S.A. ~S ~Z(UDIU~ ~~y TOT. MTG. TAX Comm. of Ed. Soo =y Dual Town Dual County Held for Apportionment Affidavit Transfer Tax n) Certified Copy Mansion Tax The property covered by this mortgage Reg. Copy will be improved by a one or two t Sub Total dwelling only. Other YES or NO If NO, see appropriate tax clause on F GRAND TOTAL e4 d-, of this instrument. t,PROP uFFOrK ` Real Property Tax Service Agency Verification 6 Community Preservation Ft Dist. Section B lock Lot Consideration Amount $4"y Stamp 1000 /a.i.0 O 0q. 00 OCx CPF Tax Due $ - © - da'te9 -V 4 - Improved Imuals .1 t11n6 - - - I Vacant Land. t SSatisfactions/Discharges/Releases List Property Owners Mailing Add ess RECORD & RETURN TO: N OV 0 4 199 TD 9uN eF .F f o~-tC t TD ~f ©c TO i oo etc, k's 0'-"g1, 't"RaA e. i V~oA-j \jo.2.l-- It -is- - ETit]e# itle Company Information tDELti NA~11-M(, Co•aF-N l eZ70 9 Suffolk Count Recording & Endorsement Page T' is page fonrts part of the attached -DE-E\\ 1-~ made (SPECIFY TYPE OF INSTRUMWF ) The premises herein is situated in SUFFOLK COUNTY, NEW YORK TO_ In the Township of Sp p L~ L In the VILLAGE or I IA ILET of m A TTi?v c BOXES 5 THRU 9 MUST BE TYPED OR PRIMED IN BLACK INK ONLY PRIOR TO RPmRnlxtn nn r. t r min l DISTRICT SUFFOLK COUNTY 1000 BARGAIN AND SALE DEED WITH COVENANTS SECTION 121.00 THIS INDENTURE, made the BLOCK 0'J- day of _ OQ7b6eY, 1999 04.00 BETWEEN PECONIC LAND TRUST, INCORPORATED , a not-for-profit New York corporation, having its principal offices at 296 LOT P/O Hampton Road, P.O. Box 1776, Southampton, New York 11968, 009.001 of the first part party AND the COUNTY OF SUFFOLK, a municipal corporation of the Y State of New York, having its principal office at the Suffolk County Center, Center Drive, Riverhead, New York 11901, party of the second part, WITNESSETH, that the party of the first part, in consideration of ONE MILLION FORTY-FOUR THOUSAND and 00/100 ($1,044,000.00) DOLLARS and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL, that certain piece or parcel of land, situated in the Town of Southold, County of Suffolk, and State of New York,identified as Parcel I and Parcel II, more particularly and described as follows: (see description annexed hereto and made a part hereof): THIS CONVEYANCE is made pursuant to Suffolk County Charter Article XII, Section 3 (entitled "Suffolk County Drinking Water Protection Program") as amended by Local Law No. 35 of 1988 which authorizes those portions of the premises which may later be determined by Resolution of the Suffolk County Legislature as being necessary for use for water supply production and distribution, including ancillary facilities required specifically for such production and distribution and all rights-of-way for ingress and egress to the water supply production and distribution facilities not to be dedicated to nature preserve purposes as set forth in Article I, Section 7 of the Suffolk County Charter. Once specified areas of the land for the purposes hereinbefore set forth have been determined by Resolution of the Suffolk County Legislature, those areas of the land may be used for all purposes not inconsistent with Article XII of the Suffolk County Charter as it now exists, or as it may be amended in the future. This conveyance is further made pursuant to Resolution Nos. 372-91, 677-96 and Resolution No. 920-93 of the Suffolk County Legislature. BEING AND INTENDED to be part of the same premises conveyed to JOSEPH T. MACARI and NISSIM ALHADEFF granting each an undivided one-half interest from Mets Homes, Inc., by deed dated 12/16/75 and recorded 12/22/75 in Liber 7962 cp 282; BEING AND INTENDED to be part of the same premises conveyed to JOSEPH T. MACARI by simultaneous deed dated May 10, 1999 from JOSEPH T. MACARI and NISSIM ALHADEFF, said deed intended to be recorded prior in time to this deed; BEING AND INTENDED to be part of the same premises conveyed to Peconic Land Trust by simultaneous closing deed dated October 25, 1999, said deed intended to be recorded prior in time to this deed; 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 all the estate and rights of the party of the first part in and to said premises; TOGETHER with benefits and subject to the burdens of a right of way to and from Sound Avenue over a 20 foot right of way known as Laurel Lake Drive and a 25 foot right of way known as Laurel Way, and a 25 foot right of way known as Crescent Way. TOGETHER with benefits and subject to the burdens of a use easement dated October 25, 1999 granted in perpetuity to the Suffolk County Water Authority over Parcels lA and 1B being part of Parcel I and described in Schedule A, annexed hereto and made a part hereof, intended to be recorded prior in time to this deed; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. 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 encumbered in any way whatever, except as aforesaid. THIS CONVEYANCE is made in the regular course of business actually conducted by the party of the first part and upon the consent of its Board of Directors. 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 WITNESS WHEREOF, the nlrt- SS: STATE OF NEW YORK COUNTY OF SUFFOLK HE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT I, ED ARD P. ROMAINE, CLLEERKN AOF T ND FOR SAID OUNTY (SAD COURT BEING A COURT OF RECORD) y OF OF Tf 1E STATE OF NEW YORK DO HEREBY CERTIFY THAT I HAVE COMPARED TRECOANNEXED RDED Copy DEED II Imo- AT PAGE AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DEEDND AFFIXED THEO SEAL OF THEREOF. SAID 199q IN TESTIMONY WHEREOF, i HAVE HEREUNTP 6 V SET MY HAND DAY Y OF d . COUNTY AND COURT THIS LF CLERK 12.0156.8/95CS me or proved to me on t e eba is of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by,his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public: State of New York a1Mtlp Fd%flo 6 e o N" *A. 0. ~ ~4UNdk Co41 NWw p~8~oi~New Yak 1I • ~ I FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 .SCHEDULE A AMENDED 10/22/99 PARCEL 1: (TO COUNTY OF SUFFOLK) ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue which marks the division line between lands now or formerly of Peconic Homes Corp. and the westerly boundary of lands described herein; RUNNING THENCE South 72 degrees 49 minutes 20 seconds East 22.40 feet to lands now or formerly of Edward J. Woessner and Genevieve Woessner; THENCE along said lands of Woessner the following three courses and distances: 1. South 10 degrees 22 minutes 00 seconds East 150.00 feet; 2. South 81 degrees 30 minutes 40 seconds East 120.00 feet; 3. North 10 degrees 22 minutes 00 seconds West 150.00 feet to the southerly side of Sound Avenue; THENCE along the southerly side of Sound Avenue: 1. South 81 degrees 30 minutes 40 seconds East 160.85 feet; 2. South 86 degrees 05 minutes 40 seconds East 203.36 feet; 3. North 75 degrees 24 minutes 20 seconds East 58.24 feet to lands now or formerly of Janet Jazombeck and others; THENCE along said lands of Janet Jazombek and others: 1. South 14 degrees 35 minutes 40 seconds East 200.00 feet; 2. North 75 degrees 24 minutes 20 seconds East 108.90 feet; 3. North 14 degrees 35 minutes 40 seconds West 200.00 feet to the southerly side continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) of Sound Avenue; THENCE along the southerly side of Sound Avenue: 1. North 75 degrees 24 minutes 20 seconds East 109.35 feet; 2. North 71 degrees 47 minutes 10 seconds East 53.08 feet to lands now or formerly of Genevive A. Woessner, Constance M. King and Barbara C. Boner; THENCE along said lands of Woessner, King and Boner: 1. South 19 degrees 38 minutes 00 seconds East 203.61 feet; 2. North 64 degrees 54 minutes 00 seconds East 117.92 feet to lands now or formerly of Peter Sabat, Cynthia M. Schneider and Mark P. Sabat; THENCE along said lands of Sabat, Schneider and Sabat: 1. South 21 degrees 52 minutes 00 seconds East 103.47 feet; 2. North 67 degrees 09 minutes 00 seconds East 252.29 feet to lands now or formerly of Barbara B. Sayre; THENCE along said lands now or formerly of Barbara B. Sayre: 1. South 26 degrees 57 minutes 20 seconds East 353.61 feet; 2. North 63 degrees 02 minutes 40 seconds East 200.00 feet to lands now or formerly of AABR Realty Facilities Holding Corp.; THENCE along said lands of AABR Realty Facilities Holding Corp.: 1. South 26 degrees 57 minutes 20 seconds East 84.08 feet; 2. South 24 degrees 01 minutes 50 seconds East 496.97 feet to lands now or formerly of Barbara Ann Kujawski and William W. Rusch; THENCE along said lands of Kujawski and Rustin South 20 degrees 53 minutes 50 seconds East 740.80 feet to lands now or formerly of Barbara Kujawski; THENCE along said lands now or formerly of Barbara Kujawski South 23 degrees 00 minutes 00 seconds East 115.50 feet; - continued on next page - ~ ~.,~....r~.. .'r r._.•: •tvSVl<n NI~~S I.:VMI•ANl' V1~ NlSW Y(11tK Title No. FNT9922707 SCHEDULE A (continued) THENCE still along said lands of Barbara Kujawski and later along said lands now or formerly of Marilyn and Walter Gatz South 01 degrees 15 minutes 00 seconds West 311 feet; THENCE through lands now or formerly of Macari: 1. Thence North 88 degrees 45 minutes 00 seconds West 50.00 feet; 2. Thence North 01 degrees 15 minutes 00 seconds East 300.26 feet; 3. Thence North 23 degrees 00 minutes 00 seconds West 105.68 feet; 4. Thence North 20 degrees 53 minutes 50 seconds West 740.35 feet; 5. Thence North 24 degrees 01 minutes 50 seconds West 494.33 feet; 6. Thence North 26 degrees 57 minutes 20 seconds West 32.80 feet; 7. Thence South 63 degrees 02 minutes 40 seconds West 217.48 feet; 8. Thence South 20 degrees 08 minutes 09 seconds East 682.86 feet; 9. Thence North 70 degrees 23 minutes 40 seconds East 205.87 feet; 10. Thence South 20 degrees 53 minutes 50 seconds East 557.08 feet; 11. Thence South 23 degrees 00 minutes 00 seconds East 95.85 feet; 12. Thence South 01 degrees 15 minutes 00 seconds West 193.31 feet; 13. Thence South 28 degrees 38 minutes 00 seconds West 147.91 feet; 14. Thence still southerly along an arc of curve which bears to the left having a radius of 200.00 feet an arc of 101.27 feet; 15. Thence South 00 degrees 22 minutes 40 seconds East 236.57 feet; 16. Thence Southwesterly along an arc of curve which bears to the right having a radius of 61.23 feet and an arc of 97.46 feet; 17. Thence North 89 degrees 10 minutes 20 seconds West 130.51 feet to lands now or fomerly of Anschutz; - continued on next page - ¦ ¦ r.•. .~r~, •i ~rl.~c ~NJVxANCL•' CUMI'ANY OF NL;W YORK Title No. FNT9922707 SCHEDULE A (continued) THENCE North 64 degrees 41 minutes 20 seconds West 55.28 feet to land now or formerly of Thomas Gorman; THENCE North 35 degrees 33 minutes 20 seconds West 55.13 feet to lands now or formerly of Namrog Holding Corp.; THENCE along said lands North 13 degrees 54 minutes 20 seconds West 72.03 feet to lands now or formerly of Donald Shapiro; THENCE North 00 degrees 25 minutes 10 seconds East along said lands now or formerly of Shapiro 101.67 feet to lands now or formerly of Bradley J. Belz and Janet B. Belz; THENCE along said lands now or formerly of Bradley J. Belz and Janet B. Belz: 1. North 04 degrees 58 minutes 20 seconds East 78.09 feet; 1. Along an are of curve which bears to the left having a radius of 165.75 feet an arc of 159.72 feet to lands now or formerly of Marion E. Smith Family Trust; THENCE along said lands now or formerly of Marion E. Smith Family Trust: 1. North 50 degrees 14 minutes 20 seconds West 72.00 feet; 2. North 57 degrees 53 minutes 20 seconds West 65.00 feet to lands now or formerly of Donald Rosen; THENCE North 65 degrees 53 minutes 20 seconds West along said lands 210.00 feet to lands now or formerly of Marjorie Schalkham; THENCE North 57 degrees 08 minutes 50 seconds West along said lands 166.00 feet to land now or formerly of Joseph and Patricia Maida; THENCE along said lands now or formerly of Maida North 60 degrees 08 minutes 50 seconds West 60.00 feet to lands now or formerly of Steven Brautigam; THENCE along said lands now or formerly of Steven Brautigam: 1. North 79 degrees 27 minutes 10 seconds West 90.00 feet; 2. South 88 degrees 34 minutes 30 seconds West 100.00 feet to lands now or formerly of Stanley Weisz P.C. Retirement Plan; - continued on next page - arv~;VKANCli COMPANY OF NEW YORK Title No. FNT9922707 SCHEDULE A (continued) THENCE along said lands now or formerly of Stanley Weisz P.C. Retirement Plan: 1. South 16 degrees 13 minutes 10 seconds East 23.00 feet; 2. South 73 degrees 46 minutes 50 seconds West 75.00 feet; 3. North 16 degrees 13 minutes 10 seconds West 43.34 feet; THENCE North 41 degrees 23 minutes 40 seconds East 455.22 feet; THENCE South 70 degrees 23 minutes 40 seconds West 826.27 feet to the westerly side of lands now or formerly of Peconic Homes Corp.; THENCE Northerly along the easterly side of lands now or formerly of Peconic Homes Corp.; 1. North 09 degrees 09 minutes 40 seconds East 50.00 feet; 2. North 13 degrees 02 minutes 20 seconds West 285.00 feet; 3. North 30 degrees 04 minutes 00 seconds West 61.00 feet; 4. North 22 degrees 04 minutes 00 seconds West 232.49 feet; 5. North 14 degrees 59 minutes 00 seconds West 265.00 feet; 6. North 10 degrees 20 minutes 30 seconds West 741.14 feet to the southerly side of Sound Avenue, the point or place of BEGINNING. TOGETHER with benefits and subject to the burdens of a right of way to and from Sound Avenue over a 20 foot right of way known as Laurel Lake Drive and a 25 foot right of way known as Laurel Way, and a 25 foot right of way known as Crescent Way. EXCEPTING therefrom the following 2 parcels: EXCEPTED PARCEL #1 OF 2 FROM PREMISES CONVEYED TO COUNTY OF SUFFOLK: BEING the lands now or formerly of The Joan Ryan Family Trust: BEGINNING at the northeast corner of a 25 foot right of way known as Crescent - continued on next page - W F r 1 , A. L. DOWNS EST. h 5S 212/-°4499-420a"EED- 1onal' CHARLES S. WELLS EST, .D anq,UG\ Don ack - 1904.05 2l-5°9 -'f~ 6C.^y. 6'9 59 V 9040 5.ZZ•49'40"E. - 603.50 S B srr. r i AVERR4G L,NE aF OTCN 3 r) m J IVv o' 13.3(gr,5 Cq x u lf, i212 d r t~. l so a a m o' a ~y 26.636 ACRES ACRES r P Np ~H 1 1 a ~ 3 <A P x m o , 0 N QOM o' m Fr 4i Z Y ~ ~ u x i < i Y J da 2 Jl y u 1 i aS QJ w q N.z4'ol'SO"W. - 96.97 ' 2mea IISS ? N.2.0.53' S0"W. - 74Q0 1 NZ3.00' W. ~ N.Z6-ST'20"W' gZ4.o8 a e ey k~ \~,\<'Sp yJ BARBRRP jA20M BEK N h3 oe N.21'30' W. -172. N u r•/ e"~RQ S'oo.. qRR e, ? •f, fN.ryo Vd N N \OOo C ~ 0 MAP OF FARM JA k k f` p h jAa1 w .r OWNED BY o'er 3 MAI MARY E. HALLOCK y o O SITUATE AT O W LAUREL 5URVVEE,Y/ED- MAY 25, 1950 9096 ' VI < SUFFOLK CO., MY - ° c/isvr iF•/'A*~U~/u/~~(~~ , h UcENSED SURVEYOR 6$' 1 m . ~ GREENPORT, N. Y. 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