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Home My WebLink AboutTR-6827 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax:MEN CONSULTANTS, INC. www.enconsultants.com 3-6136 � , ENVIRONMENTAL CONSULTING December 23, 2008 _ l5 0 V Lauren Standish ' Board of Trustees DEC 2 6 + ` Town of Southold P.O. Box 1179 Southold,NY 11971 Re: Hen�Mazzoni,Wetland Permit No. 6827Wetland Permit No. 6827 Dear Ms. Standish: In satisfaction of Term and Condition #8 of the captioned permit, the required Declaration of Covenant was recorded in the Office of the Suffolk County Clerk on December 23, 2008. A copy of the recorded document is enclosed for your files. Respe fully yours, ens Enc. cc: Henry Mazzoni CC# : C08-33080 ILAA COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 12/23/2008 under Liber D00012575 and Page 721 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 12/23/2008 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 12/23/2008 Number of Pages : 4 At: 09:45 : 01 AM Receipt Number : 08-0121079 LIBER: D00012575 PAGE : 721 District: Section: Block: Lot: 1000 022 . 00 03 .00 018 .015 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20 .00 NO Handling $20 .00 NO COE $5 .00 NO NYS SRCHG $15.00 NO TP-584 $0 .00 NO Notation $0 . 00 NO Cert.Copies $5 .00 NO RPT $30. 00 NO Fees Paid $95. 00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County r ao Number of pages .: This document will be public ' '�` record. Please,remove all - _;;_; Social Security Numbers -A prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee D Mortgage Amt. 1. Basic Tax Handling 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. �/ �) EA-52 17 (County) Sub Tota] or Spec. /Add. EA-5217 (State) TOT. MTG. TAX Dual Town Dual County R.P.T.S.A. Held for Appointment Comm. of Ed. 5. 00 Transfer Tax Affidavit �,r,` �• Mansion Tax � The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Totals YES or NO Other Grand Total If NO, see appropriate tax clause on page# of this instrument. 4 1 Dist. 1 1000 02200 0300 018015 X15 5 Community Preservation Fund Real Propert PT S Consideration Amount $ Tax Service R SFL A Agency 3-DEC-0 CPF Tax Due $ Verification 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved RECORD & RETURN TO: Vacant Land En-Consultants , Inc. TD 1319 North Sea Road Southampton, NY 11968 TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk Count Recordin & Endorsement Pa e This page forms part of the attached Declaration of Covenants made by: (SPECIFY TYPE OF INSTRUMENT) Henry Mazzoni The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of Southold Town of Southold In the VILLAGE Roard of TrusteeS or HAMLET of East Marion BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECLARATION OF COVENANTS THIS DECLARATION made this lit day of '� 1/` ' 2008, by Henry Mazzoni, residing at 146-04 25th Street, Flushing, NY 11354, hereinafter referred to as "DECLARANT" : W I T N E S S E T H WHEREAS, DECLARANT is the owner of certain real property located on Stoney Beach Road, East Marion, Town of Southo-Ld, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 22, Block 03, Lot 18 . 15 and filed in the Office of the Clerk of the County of Suffolk as part of Map No. 11131 on July 13, 2004, which is more particularly bounded and described as set forth in Schedule "A" annexed hereto, hereinafter referred to as the Property; WHEREAS, the Property is situated on lands within the jurisdiction of the Board of Trustees of. the Town of Southold (hereinafter. the "Trustees") pursuant to Chapter 275 of the Town Code of the Town of Southold or its su(�:cessor, and various activities conducted upon the property may thus be subject to the regulation and approval of the Trustees prior to being conducted; WHEREAS, the DECLARANT therefore made application to the Trustees for a permit pursuant to the Wetlands Law of the Town of Southold to undertake certain regulated activities; and WHEREAS, as a condition of the granting of a Wetlands Permit to undertake such regulated activities, the Trustees required that a fifty- foot wide "nondisturbance buffer" be maintained adjacent to and landward of the crest of bluff and that no filling or regrading occur within seventy- five feet of the crest of bluff, NOW, THEREFORE, the DECLARANT does hereby covenant and agree as follows : 1) There shall be maintained adjacent to and landward of the crest of bluff a fifty-foot wide "nondisturbance buffer" as defined by Chapter 275 of the Town Code; 2) No filling or regrading shall occur within seventy-five feet of the crest of bluff; and 3) These requirements may only be modified by the DECLARANT, his heirs, assigns, purchasers, or successors in interest upon resolution of the Trustees . Ij�N WITNESS WHEREOF, the owner has duly executed this instrument this ✓eetoKday of /I 2008 . // ienry M ni STATE OF ss : COUNTY OF On the day of a_,Vo jr �, in the year 2008, before me the undersigned, a Notary ub is in and for said State, personally appeared Henry Mazzoni, 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 e cuted the same in his capacity, and that by his signature on the instrume t, the individual or the persons on behalf of which the individual acted, ex cu ed the ins ment. JNo-�a"iy Pub is2 JIMENA CORRIGAN Notary Public,State of New York No.01 C06085034 Qualified In Suffolk County Commission Expires Dec.16,_ :e v t SCHEDULE A ALL that certain plot, piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being at East Marion,Town of Southold,County of Suffolk and State of New York,known and designated as Lot No. 5 as shown on a map entitled"Map of Cove Beach Estates", Town of Southold and filed in the Office of the Clerk of the County of Suffolk on the 13'h day of July, 2004 as Map No. 11131,being more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Stoney Beach Road distant 1,434.66 feet northwesterly from the corner formed by the intersection of the northerly side of Stoney Beach Road and the westerly side of Cove Beach Drive; RUNNING THENCE North 72 degrees 43 minutes 35 seconds West, 179.46 feet along the northerly side of Stoney Beach Road; THENCE North 18 degrees 32 minutes 44 seconds East, 576.21 feet; THENCE South 66 degrees 23 minutes 25 seconds East, 53.87 feet; THENCE South 73 degrees 50 minutes 23 seconds East,99.44 feet; THENCE South 75 degrees 21 minutes 11 seconds East,26.46 feet; THENCE South 18 degrees 32 minutes 44 seconds West 573.41 feet to the northerly side of Stoney Beach Road,the point or place of BEGINNING. 0 9 James F. King, President ��oF souryo Town Hall Jill M. Doherty,Vice-President 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson Southold,New York 11971-0959 Dave Bergen G Q • �O Telephone(631) 765-1892 Bob Ghosio,Jr. Telephone Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD April 22, 2008 Mr. Robert Herrmann En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: HENRY MAZZONI STONEY BEACH ROAD, EAST MARION SCTM# 22-3-18.15 Dear Mr. Herrmann: The Southold Town Board of Trustees reviewed the survey prepared by Young & Young, last dated February 28, 2008, and received on March 6, 2008, and determined the proposed work of the construction of a two-story dwelling and appurtenances to be located no closer than 100' from the top of the bluff and out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code. Therefore, in accordance with the current Wetlands Code (Chapter 275) and the Coastal Erosion Hazard Area (Chapter 111) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, or within 100' landward from the top of the bluff, without further authorization from the Southold Town Board of Trustees pursuant to Chapter 275 and/or Chapter 111 of the Town Code. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. • 2 • This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, James F. King, President Board of Trustees JFK:eac 0 James F. King,President �aOF SOUIy� Town Hall Jill M. Doherty,Vice-President 53095 Route 25 Peggy A. Dickerson P.O. Box 1179Southold, New York 11971-0959 Dave Bergen G Q Bob Ghosio, Jr. Telephone(631)765-1592 Cow Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1St day of construction /z constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6827 DATE: FEBRUARY 27, 2008 ISSUED TO: HENRY MAZZONI PROPERTY ADDRESS: STONEY BEACH ROAD, EAST MARION SCTM# 22-3-18.15 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on February 27,2008,and in consideration of application fee in the sum of$250.00 paid by Henry Mazzoni and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to clear to a distance no closer than 50' from the filed bluff line, and landward of the Coastal Erosion Hazard Boundary Line, for the purpose of improving the vacant subject parcel with a two-story dwelling and appurtenances located no closer than 100' from the top of the bluff, with the condition of a 50' non- disturbance buffer from top of bluff landward, there is to be no filling or re-grading within 75' landward of top of bluff, a line of staked hay bales is to be installed prior to construction, and as depicted on the survey prepared by Young & Young, last dated February 28, 2008, and received on March 6, 2008. IN WITNESS WHEREOF, the said Board of Trustees herebycauses its Corporate Seal to be � affixed, rp , and these presents to be subscribed by a majority of the said Board as of this date. o j �q��gUFFOjkc 0 C* _ w TERMS AND CONDITIONS The Permittee Henry Mazzoni residing at 146-04 25`h Street,Flushing,NY 11354 as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved,but should circumstances warrant,request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. 8. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. 0 0 James F. King, President ��,oF soo4 Town Hall Jill M. Doherty,Vice-President 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson Southold,New York 11971-0959 Dave Bergen G C Bob Ghosio,Jr. � �� Telephone(631) 765-1892 COUNTi Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 27, 2008 Mr. Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: HENRY MAZZONI STONEY BEACH ROAD, EAST MARION SCTM# 22-3-18.15 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, February 27, 2008 regarding the above matter: WHEREAS, En-Consultants, Inc., on behalf of HENRY MAZZONI applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated January 30, 2008, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: a 50' non-disturbance buffer from top of bluff landward, and there is to be no filling or re-grading within 75' landward of top of bluff, a line of staked hay bales to be installed prior to construction, and 2 • • WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of HENRY MAZZONI to clear to a distance no closer than 50' from the filed bluff line, and landward of the Coastal Erosion Hazard Boundary Line, for the purpose of improving the vacant subject parcel with a two-story dwelling and appurtenances located no closer than 100' from the top of the bluff, with the condition of a 50' non-disturbance buffer from top of bluff landward, there is to be no filling or re-grading within 75' landward of top of bluff, a line of staked hay bales is to be installed prior to construction, and as depicted on the survey prepared by Young & Young, last dated February 28, 2008, and received on March 6, 2008. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $ 100.00 Very truly yours, ,J '4�" 0 ames F. King President, Board of Trustees JFK/eac 0 0 James F. King, President so�Ty Town Hall Jill M. Doherty,Vice-President ,�0� �l0 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson Southold, New York 11971-0959 Dave Bergen G Q Bob Ghosio, Jr. �0 Telephone(631) 765-1892 COMM Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: gen(ct lyaZ- Onl Please be advised that your application dated quaC4 3G, ;w&' has been reviewed by this Board at the regular meeting of Fytt if,Igf� - 7Z foo&' and your application has been approved pending the completion of the following items checked off below. Revised Plans for proposed project _ZPre-Construction Hay Bale Line Inspection Fee ($50.00) 1 si Day of Construction ($50.00) /z Constructed ($50.00) &J-1 Final Inspection Fee ($50.00) Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above. COMPUTATION OF PERMIT FEES: C/cJ TOTAL FEES DUE: $ BY: James F. King, President Board of Trustees %%3F F91 fc Donald Wilder,Chairman QUO O� Town Hall,53095 Main Rd. Lauren Standish,Secretary P.O.Box 1179 • 'jc Southold,NY 11971 Telephone(631)765-1892 1 Fax(631)765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., February 13, 2008, the following recommendation was made: Moved by Glen McNab, seconded by Jack McGreevy, it was RESOVLED to SUPPORT the Wetland Permit application of HENRY MAZZONI to clear (as necessary) up to 25' (revised to 50') landward of the top of bluff and landward of the Coastal Erosion Hazard Boundary Line, for the purpose of improving the vacant subject parcel with a two-story dwelling and appurtenances located no closer than 100' from the top of the bluff. Located: Stoney Beach Rd., East Marion. SCTM#22-3-18.15 Inspected by: Glen McNab, Jack McGreevy Vote of Council: Ayes: All Motion Carried 02/28/08 THU 09:12 FAX 6317651366 Southold Town Accounting __.. I�001 FROM FAX NO. : 6317345635 Feb. 277 2069 05:46PM P1 FECONIC LAND TRUS D _ Fr9 2 8 25.6 HAMPTON ROAD I P.O. BOX 1776 1 SOUTHAMPTON, NEW YORK 119 7f L631.2833195 1 FAX:631.2(14.0711 1 www.pecordelandu uiorg Southhold Town Board of Trustees D 4TE; oX/ 7. / T17 � n'17'�C,� /1[/lhtw. L]'t►sv/t.[a41r3 FAX NUMBER' _ R.: ! mf--�+-r-� V +�r r UMBER OF PACES 24CLUDING COVER SHEET: MESSAGa: The information in thio fax and any attachments may be privileged and confidential,and is intended solely for the use of thc•named recipient. Any use,dissemination or copy of this fax by other than the named re dpient is strictly prohibited.if you have received this fax in error,please notify us by telephony Immediately so that We can arrange for the return of these documents at no cost to you. Tlv ik yuu Ior your couperanon. 02/28/08 TIM 09:12 FAX 6317651366 Southold Town Accounting IM002 FROM FR7( NO. 6317345635 Feb. 27 2608 05:47PM P2 P ;ECOI'IIC LAND TRUST February 27,2008 D U FEB 2 g .D Board of Ttustec6 Town Of Southold Southhold Town PO Box 1179 Bard at Trustnas Southald,NY 11971-0959 Re: 8•CTM# 1000-22-3-18.15 Cove Beach:Estates Lot#5 hast Marion,New York To WILOM It May Concern: hank you for allowing us to review the application from Mr.Mazzoni this afternoon and for copies of the documents submitted. After reviewing the proposal and amendment to the proposal all appears to be in order with regard to the clearing of 50' or more tiom the filed bluff line established in the Conservation easement document. Thee1.'ore we are removing our request for a delay on the decision from tho Trustees. Tbank you for your assistance in resolving this matter. Sincerely. Denise Mad= NF Stewardship Manage' 19A HAMPTON LOADPOST OOFIC33OX 1776 1 SOUTHAMPTON XEW YORX 11969 pltOriiE. (6I3)283-3795 PA% (631)704-o7]1 www.pecoaiciandtn r.org PECONIC LAND TRUST February 26, 2008 jjr� I oy ' �nt<„e Came k>QL�L 4U O�H'ra_ pmt o avvci 0. aq Board of Trustees Town of Southold PO Box 1179 Southold,NY 11971-0959 Re: Cove Beach Estates �� East Marion,New York To Whom It May Concern: We have not received neighbor notification regarding the Cove Beach Estates plan on Lot 5 as of today. Although we are aware that a Mr. Mazzoni has applied for a variance of some sort on this piece of property we do not have the details. Therefore we are requesting a delay on the decision from the Trustee re his application until we can review the details. Please feel free to contact me at 734-5630 if you require further information. Thank you very much! Sincerely, o Lfna-'r-&� Denise Markut NF Stewardship Manager 296 HAMPTON ROAD I POST OFFICE BOX 1776 1 SOUTHAMPTON NEW YORK 119691 PHONE (631)283-319$ I FAX (631)20+-0711 ��v.peconiclandtrust.org I. 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' ' G� . 3�P h��,M1� ,t��i��.�tPa°its f+ t. -.,t�r{k'7 a"; t l i'� - !1 rf IIL '�l '� i 4 5 M1,�r_r i i1 i 1P {�{fli`n'}'q i+L°tt1r't�yd Nva P i`» E ti.R�ti r� 'hF'" '�1�Iiid n•yP+� � '.. nj t xar tSS'S' j. d{vtn h'Sn.: s hut I.MfL av t �C?a Sys eS ryi r ' xi siEC nw+'� j_F'fiiy,i1z 5s�Y�tii rE dI a ... :nits .... ... ,.::I ,.. .. ....!!..t +': ?....... " ....t:§.' 1,n !s°a:_{:»+•I„ t *ktoopena Wird04Y,.,. _ ... .... Pkt* fi ' J DECEIVE Memorandum FEB - 7 ?.�03 D To: Board of Trustees Scud of I taws � Board of Trustees From: Heather Cusack Re: Henry Mazzoni SCTM#22-3-18.15 Please be advised that the above referenced applicant did not submit the attached required documentation (C & Rs— Deed of Conservation Easement). It is attached here with the areas that pertain to the application highlighted. Peconic Land Trust is an interested party regarding the Deed of Conservation Easement and it is recommended that you contact them. p E C E I W E FD E 8 _ 7 2003 DEED OF CONSERVATION EA EMENTSoothhold Tow Board of Trosteen a THIS DEED OF CONSERVATION EASEMENT, is made on the A9 day of December, 1997 at Southampton, New York. The parties are Raoul J. Witteveen, residing at 368 Daniels Lane, Sagaponack, New York 11962 (herein called the "Grantor"), and the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York Corporation, having a principal office at 296 Hampton Road (P.O. Box 2088), Southampton, New York 11969 (herein called "Grantee"). INTRODUCTION WHEREAS, the Grantor is the owner in fee simple of approximately 98.38 acres of real property located in the Town of Southold, Suffolk County, New York, known as Final Plat of Map of Cove Beach Estates, dated November 27, 1996, hereinafter more fully described in Schedule A, attached hereto and hereby made a part hereof, and hereinafter referred to as the "Property", further described as Suffolk County Tax Map Parcel Number 1000-22-3-15.1 and 18.3; and WHEREAS, the Property is located in the Low Density Residential R-80 Zoning District of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town of Southold code, Section 100-30; and WHEREAS, the Property is currently restricted by a Conservation Easement held by Peconic Land Trust executed on December 23, 1995, and recorded in the Suffolk County Clerk's Office on December 29, 1995 at Liber 11756 Pg. 282, and known as the 1995 Easement, which restricted the property from a yield of thirty four (34) single family residences to twenty six (26) single family residences; and WHEREAS, the 1995 Deed of Conservation Easement was amended on December 18th, 1996, which Amendment of Deed of Conservation Easement was recorded on December 31, 1996 at the Suffolk County Clerk's Office, to further restrict the Property to seventeen (17) single family residences with appurtenant structures and improvements, thereby creating an Open Area equal to 46.70 acres, and a Development Area equal to 51.68 acres; and WHEREAS, Grantor wishes to further restrict the Property in consideration of the conservation values of the Property and as a product of his own charitable intentions by granting a Conservation Easement over the Property thereby restricting the Development Area to no more than ten (10) single family residences with appurtenant structures and improvements, and thereby increasing the Open Area from 46.70 acres to 68.82 acres (as described in Schedule B attached hereto) and to reduce the Development Area from 51.68 acres to 29.56 acres (as described in Schedule C, attached hereto) so that a substantial portion of the Property shall remain in its open, undeveloped and scenic state, and to that end restates the restrictions applicable to the entire parcel; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United State's Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County New York; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold code, Section 272-a of the Town Law, to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property has approximately 650 feet of frontage on Long Island Sound and approximately 450 feet of frontage on Dam Pond that provides the public with significant scenic vistas of contiguous woodland, wetlands and shoreline; and WHEREAS, the Property contains the following rare species, classified as S-1 by the Natural Heritage Program: Angelica Lucida, Maritime Red Cedar Forest (remnant), Erchtites Megalocarpa (fire weed), Petentilla anserina, sub species sb.pacifica (silver weed) and Digitaria Filisormis species; and 1 WHEREAS, the Property in its present scenic, agricultural and open space condition has substantial and significant value as an aesthetic and agricultural resource by reason of the fact that it has not been subject to any extensive development; and WHEREAS, the Grantor and Grantee recognize the value and special character of the region in which the Property is located, and the Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Open Area as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, the Grantee has determined it to be desirable and beneficial and has requested the Grantor, for itself and its successors and assigns, to grant a Conservation Easement to the Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW,THEREFORE: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in SCHEDULE A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a qualified not-for-profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, and any amendatory or supplemental legislation (herein called "the Code"), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural, scenic and open space values of rural lands located in Suffolk County of Long Island. 0.03 Purpose The parties recognize the environmental, scenic, open space and agricultural values of the Open Area and have the common purpose of preserving these values. This Deed is intended to convey a Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for environmental, scenic, agricultural and natural values, by preventing the use or development of the Open Area for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Government R -cognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural and open condition through conservation restrictions by enactment of Environmental Conservation Law, Article 49-0301, at. seq. and General Municipal Law, Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. _0_.05 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property, as determined by its Board of Directors, at a duly constituted meeting of that Board on November 13, 1995, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open land. 0.06 Documentation The Grantee acknowledges by acceptance of this Easement that Grantor's historical and present uses of the Property are compatible with the purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time of the gift of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, wildlife, watershed, scenic, agricultural and aesthetic 2 resources and otherwise to aid in identifying and documenting the Property's open space values as of the date hereof, to assist the Grantor and Grantee with monitoring the development and use of the Property and ensuring compliance with the terms hereof, the Grantee has prepared, with the Grantor's full cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to: an aerial photograph, photographs of the Property, a topographical map, a description and site plan of existing land uses, features, and structures, if any, and an acknowledgment page signed by the Grantor and the Grantee which verifies that the Baseline Documentation report accurately represents the condition of the Property at the time of the easement. The Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's historical and present uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs, or other evidence to assist in the resolution of the controversy. 0.07 Recitation In consideration of the previously recited facts, mutual promises, undertakings and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THEEASEMENT 1.01 Tvoe This Deed conveys a Conservation Easement (herein called the "Easement"). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited in this Deed. Reference to this "Easement" or its "provisions" in this Deed shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect The covenants, terms, conditions, restrictions and purposes of this Easement shall run with the Property as an incorporeal interest in the Property, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns and all other individuals and entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO GIFT GRANTOR hereby voluntarily grants, releases and conveys to Grantee, as an absolute gift, this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor and all future owners, tenants, occupants, assigns and possessors of said Property. 3 ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures The construction or placement of residential, commercial, industrial or other buildings, structures, or improvements of any kind or nature (including, but not limited to mobile homes), permanent or temporary, on, over or under the Property except pursuant to Section 4.05 and 4.06 hereof. Structures and improvements, including, but not limited to, driveways and agricultural structures as permitted in Sections 4.05 and 4.06 hereof, may not be made on, over, or under the Property without the prior written consent of the Grantee, which may be granted if the structure or improvement does not defeat or derogate from the purposes of this Easement. 3.02 Excavation and Removal of Materials The excavating, mining or filling of the Property except as may be necessary to develop and maintain the single-family residences and appurtenant structures and improvements permitted in the Development Area and allowable non-residential improvements on the Property and to construct and maintain the permitted structures and improvements in the Open Area with the prior written consent of the Grantee. The removal of topsoil, sand, or other materials shall not take place on the Property nor shall the topography of the Property be changed except to develop and maintain the single-family residences and appurtenant structures and improvements permitted in the Development Area, to construct and maintain the permitted structures and improvements in the Open Area and for purposes of erosion control and soil management. Any such activity shall require the written consent of the Grantee. 3.03 Subdivision The subdivision or partitioning of the Property without the prior written consent of the Grantee, which shall be granted if that subdivision or partition does not defeat or derogate from the purposes of this Easement. In no event shall the Development Area be subdivided into more than ten (10) single-family residential lots as provided in Section 4.06 hereof, and none of the 10 lots shall be further subdivided in perpetuity unless the lot lines merge. Any changes in lot lines subsequent to final subdivision approval must be authorized by the Town of Southold Planning Board. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property. 3.05 Sians The display of signs, billboards, or advertisements on the Property except signs, whose placement, number, and design do not significantly diminish the scenic character of the Property and only for the following purposes: a) to state the name of the Property and the names and addresses of the occupants, b) temporarily to advertise the Property or any portion thereof for sale or rent, c) to post the Property to control unauthorized entry or use, and d) to announce the Grantee's conservation easement. 3.06 Clearing and Landscaping Activities Clearing or grading within the Open Area, except with the prior written consent of Grantee and as approved by the Town of Southold Planning Board and as necessary for existing easements of record, if any. Otherwise, the Open Area shall remain in a natural state, and maintenance of the natural vegetation therein shall be the only use or activity allowed, except as provided in Section 4.05. The removal of trees, shrubs, or other vegetation from the Property, except as provided in Sections 4.04 and 4.06. 4 Q.07 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Open Area without the prior written consent* of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the center line of roads or driveways, and may be used solely to service the permitted structures. 3.08 Uses The use of the Property for any commercial or industrial purpose except that agricultural uses expressly permitted in Section 4.05 shall not be considered a commercial or industrial use. 3.09 Development Rights The use of the acreage of this Property burdened with this Easement for purposes of calculating lot yield on any other property. Grantor hereby grants to Grantee all residential development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to this Easement, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York State, and federal law which will not defeat or derogate from the purposes of this Easement. 4.04 Landscaping Activities Grantor shall have the right to continue the historical modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, dangerously decayed or damaged on the Property. Clearing, cutting and grading within 50 feet of the top edge of the bluff shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing, cutting and grading shall be subject to the prior written consent of Grantee and review by the Town of Southold Planning Board to insure proper maintenance and preservation of the natural buffer on Long Island Sound. ;4.05 Agricultural Activities Grantor shall have the right to continue or restore the historical, locally typical and/or customary modes and levels of farming, including pasturing, grazing, feeding and care of livestock and cultivation of crops, provided that such agricultural activity shall be conducted in accordance with the purposes of this Easement and provided that care shall be taken to preserve and protect the rare species of plant life. No agricultural activity shall be conducted within 100 feet of the rare species so that agricultural use of the soil and the application of herbicides cannot affect the rare species. Normal agricultural fencing and accessory structures, as provided in 4.06 B, and as may be reasonably necessary in connection with agricultural use and the maintenance on the Property of horses, sheep, beef or dairy cattle, or similar domestic 5 livestock, may be constructed, maintained or replaced by Grantor with the prior written consent of the Grantee. 4.06 Structures A. Allowable Residential Improvements. Grantor shall have the right to construct no more than ten (10) single-family residences with appurtenant structures and improvements reasonably necessary to serve such residences including, without limitation, driveways, garages, storage sheds, septic systems and leaching pools, swimming pools, pool houses, tennis courts, or other family-scale athletic facilities. All such residences, structures and improvements shall be constructed, maintained and replaced within the Development Area as described in Schedule C except as provided in Section 3.01. Clearing and grading within each residential lot shall be limited to that necessary for siting, constructing, renovating, expanding, converting or replacing the residences and appurtenant structures and improvements with the intent of preserving as much of the natural vegetation on the site as possible and minimizing storm water runoff and erosion. No storm water runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. B. Allowable Non-Residential Improvements. Grantor shall have the right to erect and maintain the following non-residential improvements in the Open Area which are necessary to and consistent with the uses as permitted in Sections 4.05 and 4.06 hereof: ( i ) Agricultural Structures, including but not limited to barns and sheds as is necessary for the agricultural use of the Open Area, placed such that they do not detract from and adversely affect the scenic value of this Easement; and ( i i ) Underground facilities normally used in connection with supplying utilities, removing sanitary sewage effluent, and controlling storm water runoff from the improvements permitted under the terms of this paragraph B hereof. Any such underground utilities must, to the extent possible, be constructed within 30 feet of the center line of roads or driveways, and may be used solely to service the permitted structures. No new sanitary disposal facilities or structures, with the exception of that stated in Paragraph (iii) below, shall be constructed or otherwise located between the high water mark and the one-hundred (100) foot setback from the top of the bluff; and ( i i i ) Access Drives, to provide access to the improvements permitted by this paragraph 4.06 and any existing recorded rights-of-ways to adjacent properties. Access to the beach down the face of the bluff shall be only by means of a suitable structure. The structure shall be designed and constructed in a manner that will result in the least threat to the stability of the bluff and must be in accordance with all applicable permits; and ( iv) Fences, placed such that they do not detract from and adversely affect the scenic value of this Easement; and C. Replacement of Structures In-Kind. In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvement impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted within the same location subject to the review and written approval of Grantee. D. Environmental Sensitivity During and After Construction. The use and location of such improvements shall be consistent with the conservation purposes intended herein, and constructed by methods which are attentive to minimizing disturbances to the environment, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. No storm water runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. 6 4 07 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property which could adversely affect the conservation purposes which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.06 herein. Grantor shall provide Grantee with complete documentation including architectural plans of any proposed structures which are subject to Grantees approval which shall not be unreasonably withheld. Such approval-, disapproval or comments of Grantee shall be given to Grantor within 45 days after all necessary documentation and information is submitted to Grantee. 4.08 Alienability Grantor shall have the right to convey all or any part of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full names and mailing addresses of all Grantees, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting forth the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges which may become a lien on the Property, including any taxes or levies imposed to make those payments. If Grantor fails to make such payments, Grantee is authorized to make such payments (but shall have no obligation to do so) upon ten days prior written notice to Grantor, according to any bill, statement or estimate procured from the appropriate public office without inquiry into the accuracy thereof. That payment, if made by Grantee, shall become a lien on the Property of the same priority as the item if not paid would have become, and shall bear interest until paid by Grantor at two percentage points over the prime rate of interest from time to time charged by Citibank, N.A. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless from any charges or liens imposed upon Grantee arising from the physical maintenance and upkeep of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: a) from injury to persons or damages to Property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 7 ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon reasonable prior notice to Grantor, and in a manner that will not interfere with the Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purpose, except as provided in Section 6.03, nor to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that the Grantee may reasonably deem necessary. However, it is understood and agreed by the parties hereto that the Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the Open Space Values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (f) to institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) to enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto or on the date hereof, or to such condition as is expressly permitted hereby or as may be pursuant to the terms hereof, as Grantee deems appropriate under the circumstances, or (iii) to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "legal expenses") in connection with any proceedings under this Section 7.03. 6.04 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 6.05 Assignability Grantee shall have the right to assign any and all of its rights and responsibilities under this Easement, and any and all of its rights, title and interest in and to this Easement only to a qualified organization (herein called "the Assignee"). As used herein: the term "qualified organization" means a not-for-profit corporation or governmental unit or agency which is qualified to receive such interests pursuant to Article 49 of the New York Environmental Conservation Law, and is a qualified organization within the meaning of Section 170(h)(3) of the Code. Any assignment by Grantee or Grantee's successors must require the Assignee or 8 Assignee's successors to carry out the purposes of this Easement. The Assignee and its successors and assigns shall have the same right of assignment. 6.06 Succession If at any time Grantee or any successor or assignee is unable to enforce this Easement fully or fails to do so, or if Grantee or any successor or assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section 170 (h)(3) then this Easement shall be vested in such other qualified corporation, body or agency as defined and upon the conditions contained in Section 6.05 as the Grantee shall designate. If, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of its rights and responsibilities under this Easement and all of its rights, title and interest in and to this Easement to a qualified organization, then the rights and responsibilities under this Easement shall become vested in another qualified organization in accordance with a cy pres proceeding brought in any court of competent jurisdiction. 6.07. Exting is ment This easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.07, the fair market value of such right and interest shall be equal to the difference, as of the date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby (such difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinafter referred to as the "Proportionate Share"). In the event a material unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, resulting in an extinguishment of this Easement or any material term or provision hereof by a judicial proceeding; then upon a subsequent transfer of title to the Property by sale, gift, devise, exchange, taking by eminent domain or by purchase in lieu of a taking, Grantor shall pay to Grantee an amount equal to the greater of (x) the consideration paid by Grantee to Grantor for this Easement or (y) the Proportionate Share of the proceeds of such transfer. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the Property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered proceeds. The Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.07 shall be in addition to, and not in limitation of, any rights they may have by law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. 6.08 No Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property. Accordingly, Grantee shall not invite the public to enter upon the Property without the prior written consent of the Grantor. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 9 7.027.02 Amendment This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170 (h). The parties agree to amend the provisions of this Easement in such manner as may be indicated by the Internal Revenue Service, as a result of final determination after audit of the federal income tax return of the Grantor, to entitle the Grantor to the charitable deduction described in I.R.C. Section 170 (h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This Easement can be terminated or modified only in accordance with the common and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain of the restrictions contained in this Easement. To this end, Grantee and Grantor shall mutually have the right, in their sole discretion, to agree to amendments to this Easement which are not inconsistent with the basic purposes of this Easement set forth in the Introduction hereof; provided, however, that Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid Conservation Easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, any regulation issued pursuant thereto, or Section 170(h) of the Internal Revenue Code governing "Qualified Conservation Contributions." The parties acknowledge that the boundaries of the Open Area and the Development Area may have to be adjusted as provided herein, and the parties agree to cooperate in such boundary line adjustments as may be necessary, provided said adjustments would not result in diminution of the Open Area or an increase in the number of lots or primary structures to be developed by the Grantor. 7.03 Severability Any provision of this Easement, restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement which is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.04 Notice All notices required by this Easement must be written. Notices shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the President, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement as intended by Grantor. Any rule of strict construction designed to limit the breadth of 10 the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and, this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by Grantor. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07_Warrant1eS The warranties and representation made by the parties in this Easement shall survive its execution. 7.087.08 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.09_ Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 11 IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Conservation Easement on the day and year set forth above. ACKNOWLEDGE AND ACCEPTED: BY: aoul . Witteveen (Grantor) ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST,(Grantee) Trc.ovpore*C BY: oh v.H. Halsey Its President STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On this —kj� day of December, 1997, before me personally appeared Raoul J. Witteveen, who, being by me duly sworn, said that he resides at 368 Daniels Lane, Sagaponack, New York, 11962, the Grantor mentioned and described in, and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same . N('itary Public Julie G. Tiska No. 01T15064466 Notary Public State of New York STATE OF NEW YORK ) Qualified in Suffolk County COUNTY OF SUFFOLK ) SS.: Commission Expires Al-9�,iv On this a9f' day of December, 1997, before me personally appeared JOHN v.H. HALSEY, who, being by me duly sworn, said that he resides at 469 Majors Path, Town of Southampton, New York, that he is President of PECONIC LAND TRUST, INCORPORATED, the Grantee mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein; and that he signed his name thereto by authority of the Board of Directors of the said Corporation. N Lary Public Julie G. Tiska No. 01TI5064466 Notary Public State of New York Qualified in Suffolk County Commission Expires SCHEDULE A: Metes and Bounds Description of the Property. SCHEDULE B: Metes and Bounds Description of the Open Area. SCHEDULE C: Metes and Bounds Description of the Development Area. 12 w nl Cko n' J Qes� o Com"` 5Yw FEB — 7 @� L.. r ...�00 COASTAL EROSION �. HAZZARD BOUNDARY \ APPROXIMATE 00 ro TOP OF BLUFF 1'72,13-7 s.f. �. egg TIE-LINE ALONG \ � 2� � APPROX. HIGH WATER MARK ry/ od / SLA .19 <HOUSE O � 6 ' / F mss. l 119,"168 s.f. 5T oa _ S ' LE fjo p v , , TES «< < �z ry II 43 s.f. , tia ?� mn 114,015 s.f. ' ry �b� 2 a1 b2 N�<4 SSS,>q' s 115,029 S.F. 2m 70. 8 SS4s R<-25 -26g0 369'Y`fi}' S J 6, 2 /r eD C-gq��' >' O>' BF�CIL/ /7 N ° -TEST HOLE 8/ le 230, r— A NO. 3 > James F. King, President SO[/T�o Town Hall Jill M. Doherty,Vice-President AO �� 53095 Route 25 Peggy A. Dickerson .1L P.O. Box 1179 '! Southold,New York 11971-0959 Dave Bergen G Bob Ghosio,Jr. ,O Telephone(631) 765-1892 IyCOU N Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Work session Report Date/Time: HENRY MAZ ONI requests a Wetland Permit to clear (as necessary) up to 25' landward of the top of bluff and landward of the Coastal Erosion Hazard Boundary Line, for the purpose of improving the vacant subject parcel with a two- story dwelling and appurtenances located no closer than 100' from the top of the bluff. Located: Stoney Beach Rd., East Marion. SCTM#22-3-18.15 Type of area to be impacted: _Saltwater Wetland Freshwater Wetland �ound Bay Distance of proposed work to edge of above: Pof Town Code proposed work falls under: _Yhapt.275 Chapt. 111 _other Type of Application: /Wetland_Coastal Erosion_Amendment Administrative _Emergency Pre-Submission Violation Planning Info needed: 11 r 11 N(� Y-, N T C-B k 1, o S t r o L P - _ Modifications: Conditions: r\ 9 f L� ( c Present Were: J.King L'q.Doherty XP.Dickerson D. Bergen B. Ghosio, Jr H. Cusack D. Dzenkowski_Mark Terry other Form filled out in the field by Mailed/Faxed to: Date: Environmental Technician Review See Ifi�1� (c s 6 �r C�hQegN •�, 2 Q k met 50' (�1° bIM is tetnc*_J n' �N , A [ V �. •<_l - - -:'rte..--s:- ' 02/ 12/2008 10 17 s IiAF- U , n ' �... .tea•.., a- "'tt^r'�`4.M:wsa.._ a'Q"Yn-cam k'i;•..,�iw. 02/ 12/2008 10 18 n r> f';7 �b 3 y$ b i 3 'b ♦��1 Y6JC�• � �CI��1--�,rys_•._aa.•.ten •. _ - .. __ BIW 41 02/ 12/2008 10 . 18 ok�` �i t ,.• r it Of @, b '•�* �/�// � � � _�' � ' y�t�: ,��p fit' m - 1 - '•'T"�,s,�� Yea ;r,. �+,F"��•� `� .5 rr tk 4 AP 1 i�7N:v' s, +r tr4-}^`• . "AK e• SC'. 1 A, Y r _ Al Y7l �s ire � w � ih s S } 02-/k] 2/2008 10 19 Ra 9 �1x 01 , 1 _ am", w -' 1 02</ 1V/2J008;,10 19 Y/� i�' ✓� 4'jS. ,�.y Y4 '� Mf Oil J'. HENRY MAZZONI,STONEY BEACH ROAD, LookingIrth from proposed I I I I Long IslandI °�: ilk ;e �E�i• � ,, , ,I Figure2. Looking .e� R j._' 1'i Ip.i V • y north and downslopefromarea to remain undisturbed over beachfrontingI Island HENRY MAZZONI,STONEYBEACH ROAD, MARION '8 Figure3. Looking soullifrom Long Island Sound upslope and toward.subjecl upland, �i q� h z�r t aes � •°;._� �' �'ff !t a .+ � I!I 9 F I o Tr'*' Looking I over upland andproposed building James F. King,President so Town Hall Jill M.Doherty,Vice-President s�0 l0 53095 Route 25 Peggy A. Dickerson P.O. Box 1179 Southold, New York 11971-0959 Dave Bergen e* �c Bob Ghosio, Jr. �O Telephone (631) 765-1892 UW Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: 1" IIc -I Name of Applicant: iii s«n r11� 2 Lo A Name of Agent: Property Location: SCTM# & Street Brief Description of proposed action: Type of area to be impacted: _Saltwater Wetland —Freshwater Wetland /Sound Front _Bay Front Distance of proposed work to edge of above: Part of Town Code proposed work falls under: _Chapt.W _Chapt.� other -775 11 � — Type of Application: —Wetland Coastal Erosion_Amendment_Administrative Info needed: _Emergency �' ^^•�'•""' Modifications: Conditions: Present Were: _J.King _J.Doherty_P.Dickerson_D. Bergen Bob Ghosio, Jr. Other: Mailed/Faxed to: Date: Comments of Environmental Technician: N i �Lo% 9 -%6, 'SLAAb _E SOIJA4D 230 e / "'^``9.16• p SOSOS, �CW��gs 9. 92� 7S , O N fin, y \..; 6•qf,, E am X-r! � 297 N S / •� 6.16 4.09 '70 /(,��...__�� LAICKpD �..� 15.,4 a " i w Q .I6w1 4 1a84 U Ill / 91 / as^, i no V / lk °� o" HT 21. R8L n / U �.\/� ,� �M 24 26.70 2 / 269 t Q / / J6 / � O W / 26a .90 Z •1�j A 2bJ5 O 51b6 S / rye 252 .26 Rp ��• To / 64 �4p mx coyF r is l� LS Il V • OFFICE SIO 1`--� OFF I D JULY 15, 20 L • N/MTIGA El-Maa► ser ■-rr°RrR,r rano A.syN xr A.sr raw • NO DISGE e..aMMlY WO.ROOF.Ov"! s.5T Ce.CEL. EWPAXCG Board of Trustees Young & Young TEST HOLE 400 Ostrander Avenue, Riverhead, New York 11901 aa PROM SLWMSW+Pur 631-727-2303 4Jij Howard W. Young, Land Surveyor b 1 op' Thomas C. llolpert Professional Engineer LOAM Robert it Tact, drehitect 6 pqJ Ronald S. Pfuhl, Landscape Architect ' s Douglas S. Adams, Professional Engineer 0 FINI!SAM HEALTH DEPARTMENT USE CLAY5 BR iVA7t3t WO D LS 1J Rb Opp 22DY6 Son Town Board of Trustees 5URVEYOR'S CERTIFICA U • VE FAY CERTIFY TO HENRY MA , ,C CITIBANK & PRIMARY LAND BE 5 5t1RVEY WAS PREPARED IN ACCORD YY PRACTICE FOR LAND SURVEYS STATE ASSOCIATION OF PRDFE5910 HOWARD W. YOUNG, N.YS. L.5. NO. 45593 0 SURVEY FOR HENRY MA=ONI a LOT 5 "COVE BEACH ESTATES" li. At East Marton, Town of Southolde NOTES Suffolk County, New York County Tax Map otso-xt 1000 swuan 22 ear 05 Int 18.15 .REA = 2.5562 AORE5 �e� OR 102,655 Sa. FT. BALfli� PERMIT SURVEY 0 1AP "COVE BEACH ESTATES" FILED IN THE sJg ,LMK OF SUFFOLK COUNTY ON e!s 5 FILE NO. 11151. MAP PREPAR® APR, 25,2006 TUM = N.G.V. DATUM (M.51. 1929) LE BLUFF EXISTS I ,JOB NO. 2006-0144 DWG. 940452-0005-2006-0141--bp � �l loll r WNG N _ .o c \ p Fx 26 i.R.P • i• e3 rPi ScNO — i ^ .. O M.0.60 f L s 4 \ s n 21 nasc b e+ 9 ... jos \ [un s a 4 o • 4 _ s —�— ..• izv „ _O- .� —_ __ __ .. .^. Mance CWNihaperY W SWTHDLD$UFFOLR © [� o secT rox xo Retl ty im Servim Agency r D + . :., —___ .. _ _�. —_ —_ c,rrr r..r.. RFaMgxr lum ¢ O'Z'Z L— nu.—,•-- w 1000 PROPERTY MM 1319 North Sea Road Southampton, New York 11968 M 631-283-6360 Fax: 631-283-6136 EN-CONSULTANTS, INC. wwwenconsultants.com ENVIRONMENTAL CONSULTING January 29, 2007 James King, Chairman Board of Trustees _ Town of Southold P.O. Box 1179 Southold,NY 11971 Re: Henry Mazzoni: Lot 5,Cove Beach Estates,Mattituck Dear Mr. King: Pursuant to our agreement during the 27 February 2008 public hearing held on the captioned application, please find attached (3) copies of a site plan prepared by Young and Young, last dated 28 February 2008, which has been revised to depict the limit of fill and grading activities no closer than 75 feet from the crest of bluff. Should you require any additional information before the requested Wetlands Permit can be issued,please let me know. Res"c ly yours, Robert E. Herrmann Coastal Management Specialist cc: Henry Mazzoni 0 0 OFFICE LOCATION: 1��OF SO(/jyO MAILING ADDRESS: Town Hall Annex l0 P.O. Box 1179 54375 State Route 25 y Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) w Telephone: 631 766-1838 Southold, NY ,0 Fax. 631 766-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: February 27, 2008 Re: Request for Wetland Permit for HENRY MAZZONI \ SCTM#22-3-18.15 HENRY MAZZONI requests a Wetland Permit to clear(as necessary)up to 25' landward of the top of bluff and landward of the Coastal Erosion Hazard Boundary Line, for the purpose of improving the vacant subject parcel with a two-story dwelling and appurtenances located no closer than 100' from the top of the bluff. Located: Stoney Beach Rd., East Marion. SCTM#22-3- 18.15 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. The proposed action is subject to a 1995 Conservation Easement,dated December 29, 1995, filed with the Clerk of Suffolk County in Liber D00011756,Page 282; to the 1995 Conservation Easement,dated December 18, 1996,filed with the Clerk of Suffolk County in Liber D00011808,Page 661; the1997 Conservation Easement,dated December 29, 1997, filed with the Clerk of Suffolk County in Liber D00011869,Page 975; and Amendment of the1997 Conservation Easement was filed on April 9,2004 with the Clerk of Suffolk County in Liber D00012312,Page 663. The complete language of the Conservation Easements can be found in the Planning Board file. Note that "Clearing cutting and grading within 50 feet of the top edge of the bluff shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing, cutting, and grading shall be subject to the prior written consent of the Grantee and review of the Planning Board..." 0 0 In addition it is recommended that the Board evaluate the location of the residence in relation to the CEHA. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erasion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. Due to the length of the parcel, it is recommended that the Board require that the applicant relocate the residence to meet the above policy to the greatest extent practicable. Provide sufficient lot depth to allow relocation of structures and maintenance of required setbacks over a period of thirty years In the event that the action is approved, it is recommended that the following BMP to further Policies 5, Protect and improve water quality in the Town of Southold and 6.3, Protect and restore tidal and freshwater wetlands, item D (below) is required D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions 1. Maintain a 50' non-disturbance buffer landward of the top-of bluff. Limit clearing of lot as per Deed of Conservation easement. Pursuant to Chapter 268,the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. F G - 2308 oq (_'C Gc o v c'A, +b k m,�- _C Lt*2► 11 - � � v✓�""�' I� �� , _ � � r� I l l \ Vice s �'""�'1 - l _ �(k� ,3 �flivx� Albert J. Krupski, Presi o 4SOFF0J t • Town Hall James King, Vice-Presi - �.� % 53095 Route 25 Henry Smith ,.� P.O. Box 1179 Artie Foster H Z Southold, New York 11971-0959 Ken Poliwoda 5 Telephone(631) 765-1892 Fex(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only Coastal Erosion Permit Application /Wetland Permit Application / Major Minor —Waiver/Amendment/Changes /Received Application: ,-fFeceived Fee:$ Completed Application - _Incomplete _SEQRA Classification: O 26, Type I_Type II_Unlisted Coordination:(date sent) _✓CAC Referral Sent: 3b10� -Bate of Inspection: 4a10% _Receipt of CAC Report: _Lead Agency Determination: Technical Review: --Public Hearing Held: oZ a7�Q _Resolution: Name of Applicant HENRY MAZZ.OI II Addressl46-0425THSTREEtFLUSHING,NY 11354 Phone Number: 347-672-2051 Suffolk County Tax Map Number: 1000 - 22-3-18.15 Property Location: STONEYBEACH ROAD,EAST MARION (provide LILCO Pole #, distance to cross streets, and location) AGENT:EN-CONSULTANTS,INC. (If applicable) Address: 1319NORTHSEA ROAD,SOUTHAMPTON NY 11968 Phone: 631-283-6360 ' • Board of Trustees Appl•tion GENERAL DATA Land Area (in square feet): 102,635 S.F. Area Zoning: R$0 Previous use of property: RESIDENTIAL Intended use of property:NO CHANGE Covenants and Restrictions: X No Yes If"Yes", please provide copy. Prior permits/approvals for site improvements: Agency Date No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): CLEAR(AS NECESSARY)UP TO 25 FEET LANDWARD OF THE "TOP OF BLUFF AS SHOWN ON FILED MAP"AND LANDWARD OF THE "COASTAL EROSION HAZARD BOUNDARY LINE AS SHOWN ON FILED MAP"FOR THE PURPOSE OF IMPROVING THE VACANT SUBJECT PARCEL WITH A TWO-STORY DWELLING AND APPURTENANCES LOCATED NO CLOSER THAN 100 FEET FROM THE "TOP OF BLUFF AS SHOWN ON FILED MAP"AND THEREFORE BEYOND CHAPTER 275 AND CHAPTER 111 JURISDICTION,ALL AS DEPICTED ON THE SITE PLAN PREPARED BY YOUNG&YOUNG, LAST DATED JANUARY 24,2008. • Board of Trustees Applio ion WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: 50 CLEAR AS NECESSARY THE PORTION OF PROPERTY LOCATED WITHIN CHAPTER 275 JURISDICTION FOR THE PURPOSE OF IMPROVING THE VACANT PARCEL WITH A DWELLING TO BE LOCATED MORE THAN 100 FEET FROM THE TRUSTEES'JURISDICTIONAL BOUNDARY. Area of wetlands on lot: 0 square feet Percent coverage of lot: 0 Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: >100 feet Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: N/A Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): THE PROPOSED CLEARING WILL OCCUR NO CLOSER THAN 25 FEET FROM THE TOP OF THE BLUFF SHOWN ON THE FILED MAP AND MORE THAN 100 FEET FROM THE SURFACE WATERS OF LONG ISLAND. ALL CONSTRUCTION IS PROPOSED MORE THAN 100 FEET FROM THE TOP OF BLUFF LINE AND THUS BEYOND CHAPTER 275 JURISDICTION. THE PROJECT WILL HAVE NO SIGNIFICANT ADVERSE IMPACT ON THE ADJACENT TIDAL WATERS. 14-16-4(2/87)—Text 2 PROJECT I.D. NUMBER 617.2 S E QR 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) 1 APPLICANT/SPONSOR:HENRY MAZZONI BY 2. PROJECT NAME EN-CONSULTANTS,INC. 3 PROJECT LOCATION: Municipality EAST MARION county SUFFOLK 4 PRECISE LOCATION (Street address and road intersections,prominent landmarks,etc,or provide map) STONEY BEACH ROAD, EAST MARION,TOWN OF SOUTHOLD, SCTM#1000-22-3-18.15;MAP PROVIDED 5. IS PROPOSED ACT ff ® NEW Expansion ❑ Modification/alteration 6 DESCRIBE PROJECT BRIEFLY: CLEAR(AS NECESSARY)UP TO 25 FEET LANDWARD OF THE"TOP OF BLUFF AS SHOWN ON FILED MAP"AND LANDWARD OF THE"COASTAL EROSION HAZARD BOUNDARY LINE AS SHOWN ON FILED MAP"FOR THE PURPOSE OF IMPROVING THE VACANT SUBJECT PARCEL WITH A TWO-STORY DWELLING AND APPURTENANCES LOCATED NO CLOSER THAN 100 FEET FROM THE"TOP OF BLUFF AS SHOWN ON FILED MAP"AND THEREFORE BEYOND CHAPTER 275 AND CHAPTER 111 JURISDICTION,ALL AS DEPICTED ON THE SITE PLAN PREPARED BY YOUNG& YOUNG,LAST DATED JANUARY 24,2008. 7. AMOUNT OF LAND AFFECTED Initially 2.36 acres Ultimately 2.36 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? aes ❑No If No,describe briefly 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ®Residential ❑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 ❑N o If yes,list agency(s)and permit/approvals NYS DEC, LETTER OF NON-JURISDICTION 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ®Yes ❑No If yes, list agency name and permit/approval NYS DEC, LETTER OF NON-JURISDICTION 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ®N o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name ROBE E. HERRMANN,COASTAL MANAGEMENT SPECIALIST D A T E JANUARY 29,2008 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 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD -- In the matter of applicant : HENRY MAZZONI SCTM#1000— 22-3-18.15 ^1r� YOU ARE HEREBY GIVEN NOTICE: 1 . That it is the intention of the undersigned to request a - Permit from the Board of Trustees to: - - - CLEAR(AS NECESSARY)UP TO 25 FEET LANDWARD OF THE"TOP OF BLUFF AS SHOWN ON FILED MAP" AND LANDWARD OF THE"COASTAL EROSION HAZARD BOUNDARY LINE AS SHOWN ON FILED MAP"FOR THE PURPOSE OF IMPROVING THE VACANT SUBJECT PARCEL WITH A TWO-STORY DWELLING AND APPURTENANCES LOCATED NO CLOSER THAN 100 FEET FROM THE "TOP OF BLUFF AS SHOWN ON FILED MAP"AND THEREFORE BEYOND CHAPTER 275 AND CHAPTER l 11 JURISDICTION,ALL AS DEPICTED ON THE SITE PLAN PREPARED BY YOUNG&YOUNG,LAST DATED JANUARY 24,2008. 2. That the property which is the subject of Environmental Review-is located adjacent to your property and is described as follows : STONEY BEACH ROAD, EAST MARION 3. That the project which is subject to Environmental Review under Chapters 32 , 37 , or 97 of the Town Code is open to public comment on•FEBRUARY27,2008@6:00pm You may contact the Trustees Office at 765-1692 or in writing . The above referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal . OWNERS NAME: HENRY MAZZONI MAILING ADDRESS: 146-0425TH STREET FLUSHING,NY 11354 PHONE # : 347-672-2051 Enc . : Copy of sketch or plan showing proposal for your convenience . 5 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Address : COVE BEACH ESTATES,LLC P.O. BOX 250 SOUTHOLD,NY 11971 SWITZER COVE BEACH, LLC 4651 SENTENEL VIEW ROAD ATLANTA,GA 30327 STATE OF NEW YORK COUNTY OF SUFFOLK ROBERT E.HERRMANN doing business at EN-CONSULTANTS,INC. 1319 NORTH SEA ROAD SOUTHAMPTON,NY 11968 being duly sworn, deposes and says that on the 31st day of JANUARY 20 08 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at SOUTHAMPTON , that said Notices were mailed to each of said perso s by (certified) 3F �ffi7F?f3(fC�k9) mail . ROBERT E.HERRMANN Sworn to before me this 31st COASTAL MANAGEMENT SPECIALIST day of J_`ANUAAR�Y�'p/ 12008 ^' \. i Notary Pu icc NIAH.Si3HEiS NdmyPadB•Salaoli✓ca1'crt Cq�imXaS015911 QdGd6�latCw Cam�aF.giHlupA$� James F. King, President �*OF SOUIy� Town Hall Jill M. Doherty,Vice-President �0 l� 53095 Route 25 Peggy A. Dickerson # # P.O. Box 1179 Southold,New York 11971-0959 Dave Bergen A Q %_ Bob Ghosio, Jr. ' �� Telephone(631) 765-1892 �ly�� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of A"-`_—2 2 ------------------------------ COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, E&r4±+-K'i"ketw(A ,�t !(A&- (y�C f 3(,q r " Sept ( , !��6N L L GG being duly sworn, depose and say: That on thcday of SS 200 I<l S personally posted the property known as a S 691E pCe�l:(.c trt�C by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Weye b, 07) dws on Q OctetDU /77 Dated: (signature) Sworn to before me this day of A 2001 JNotia'ry Public [OIR51EI7EIS NdaryRNe•ShYdNa�Ymt CaoduhNa�ll M o .4 r 0 U.S. Postal Service CERTIFIED MAILT. RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) t` Er M1 I A1- E- O Postage $ C3 Certified Fee mPostmark 0 Retum Receipt Fee Here O (Endorsement Required) O Restricted Delivery Fee O (Endorsement Required) Q' 7 Total Postage^____ C r� r` sent To Switzer Cove Beach Estates, LLC C3 staer,AaTtNe. 4651 Sentinel View Road OrPDBox r'- MKZI Atlanta GA 30327 Clry State,ZlP� > rr Postal CERTIFIED MAILT. RECEIPT a (Domestic 0-' A 111111111!J1111,111 rr Er O Postage $ O Certified Fee M Postmark O Return Receipt Fee O (Entloement Required) Here rs M Restricted Delivery Fee 0 (Endorsement Required) Q' ---rS Total Posr---- ---- r=1 Sent TO Cove Beach Estates, LLC P.O. Box 250 0 Sbeet,Ap( r` POD°" Southold,NY 11971 pry,State, card of Trustees Applica n r. AUTHORIZATION (where the applicant is not the owner) 1� Z Ar--4" MAZ-10 -r- residing at /V� ^ 0 ! 7�J (print owner of property) (mailing address) AL 091 do hereby authorize (Agent) ��J - /w5�,hfYhvTS, fNC.. to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Ow is s' ture) 8 Board of Trustees Appli*ion County of Suffolk State of New York BEING DULY SWORN DE SES AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE D RIB ERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. c Si e �Z SWORN TO BEFORE ME THIS DAY OF 120 NotaryPubl' ROTARY PLgKX STA OF NW YM NO. 4010009 OVALIFIED IN WESTCHESTER COMMISSION EXPIRES FagEe. C) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The pumose of - this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: N-C�,✓4 (Last name,tfrst name,noddle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Variance _. Change of Zone Approval of plat Exemption from plat or official map Other (If"Other",name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the ares. YES NO If you answered"YE",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): _A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); _C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this Z_day of 200 Signature u✓ Print Name yz jleer-X_�-Cv~) 1319 North Sea Road Southampton, New York 11968 M 631-283-6360 Fax: 631-283-6136 EN-CONSULTANTS, INC. www.enconsultants.com ENVIRONMENTAL CONSULTING January 29, 2008 Town of Southold Board of Trustees 54375 Main Road Post Office Box 1179 Southold,New York 11971 Attn.: Lauren Standish l �� Re: Henry Mazzoni Stoney Beach Road,East Marion -- — SCTM#1000-22-3-18.15 Dear Ms. Standish: In regard to the above referenced property, enclosed are the following for the Board of Trustees review: 1. Three(3)Wetland Permit Applications including a) Short Environmental Assessment Form; b) Authorization&Disclosure Forms; and c) surveys. 2. One(1)set of site photographs. 3. Application fee of$250.00 wetlands. 4. Three(3)LWRP Consistency Assessment Forms. a) survey. I trust this information shall allow you to process our permit request. Should any additional information be required, please do not hesitate to contact our office. Si er y, H ' ep e s Enc. Town of Southold • • LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for perm its` including Town of Southold agencies, shall com plete this CCAF for proposed actions that are subject to the Town of Southold W aterfroni Consistency Review Law , This assessm eat is intended to supplem ent other inform ation used by a Tow n of Southold agency in an a k in g a d e t c r m in a t i o n o f c o n s is t e n c y . *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. Aproposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supportine facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 22 - 3 18.15 PROJECT NAME HENRY MAZZONI The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital ❑ construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: Lnhi Nature and extent of action: CLEAR(AS NECESSARY)UP TO 25 FEET LANDWARD OF THE"TOP OF BLUFF AS SHOWN ON FILED MAP"AND LANDWARD OF THE"COASTAL EROSION HAZARD BOUNDARY LINE AS SHOWN ON FILED MAP"FOR THE PURPOSE OF IMPROVING THE VACANT SUBJECT PARCEL WITH A TWO-STORY DWELLING AND APPURTENANCES LOCATED NO CLOSER THAN 100 FEET FROM THE"TOP OF BLUFF AS SHOWN ON FILED MAP"AND THEREFORE BEYOND CHAPTER 275 AND CHAPTER 111 JURISDICTION,ALL AS DEPICTED ON THE SITE PLAN PREPARED BY YOUNG& YOUNG,LAST DATED JANUARY 24,2008. Location of action: STONEY BEACH ROAD,EAST MARION Site acreage: 2.36 Present land use: UNDEVELOPED-RESIDENTIAL Present zoning classification:R-80 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:HENRY MAZZONI (b) Mailing address: 146-04 25TH STREET FLUSHING,NY 11354 (c) Telephone number: Area Code 347-672-2051 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No ® If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria 11 Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ® Yes ❑ No ❑ NO Applicable THE PROJECT IS CONSISTENT WITH POLICY 3 AS ALL CONSTRUCTION WILL BE LOCATED MORE THAN 100 FEET FROM THE DEFINED TOP OF BLUFF,AND ASSOCIATED CLEARING ACTIVITIES WILL BE LIMITED TO A DISTANCE NO CLOSER THAN 25 FEET FROM THE DEFINED TOP OF BLUFF AND MORE THAN 100 FEET FROM THE SURFACE WATERS OF LONG ISLAND SOUND. THEREFORE,A NATURAL BUFFER GREATER THAN 100 FEET WIDE WILL BE MAINTAINED BETWEEN THE SURFACE WATERS OF LONG ISLAND SOUND AND THE DISTURBED PORTION OF THE PROPERTY. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ❑ Yes 1:1No ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ®Yes ❑ No ❑ Not Applicable THE PROJECT IS CONSISTENT WITH POLICY 3 AS ALL CONSTRUCTION WILL BE LOCATED MORE THAN 100 FEET FROM THE DEFINED TOP OF BLUFF,AND ASSOCIATED CLEARING ACTIVITIES WILL BE LIMITED TO A DISTANCE NO CLOSER THAN 25 FEET FROM THE DEFINED TOP OF BLUFF AND MORE THAN 100 FEET FROM THE SURFACE WATERS OF LONG ISLAND SOUND. THEREFORE,ALL COVERAGE BY IMPERVIOUS SURFACES WILL BE LOCATED NO LESS THAN 190 FEET FROM THE SURFACE WATERS OF LONG ISLAND SOUND,AND TREATED SEPTIC EFFLUENT WILL BE LOCATED MORE THAN 230 FEET FROM LONG ISLAND SOUND. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ®Yes ❑ No ❑ Not Applicable THE PROJECT IS CONSISTAITH POLICY 6 BECAUSE IT COMPLIES PH ALL STATUTORY AND REGULATORY REQUIREMENTS OF THE TOWN TRUSTEES AND NYS DEC AND FOR ALL THE REASONS IT IS CONSISTENT WITH POLICIES 3 AND 5 AS OUTLINED ABOVE. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes [:] No® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ❑Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southoos water-dependent uses and promovisiting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy It. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PREPARED BY TITLE COASTAL MOMTSPECIALIST DATE 1/29/08 ROBERT ERRMANN Amended on 811105 Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 / 631-727-2303 • ♦ / Howard W. Young, Land Surveyor Thomas C. t, Professional Engineer Robert C. ♦• ♦ / CO Dauglas F. Adams, Professional Engineer '� . � ♦ ♦ NG �5�,4 N ' ND ♦ ' ♦ 69 SOUND ♦ alias n ♦ 566 w`'oq� ALONE `•• ♦ NayA� �� se S38?$,� N 1°�ANcz Wr ra,Srehe/�sH / ♦ cN LHT +. ' � �\ ? Fe";o NS��TA_".ANo'�Mh TIao•INC �'9f/b'Qk LOC �.• , .♦ �`�e s_'�_\ 73.S kv AmIN W E ' �,• '♦ ."e _ +aZS9q'44, 575°�l'll e / ♦:, '♦ ( ••'♦, \ f f 4E f5 za `��ve3 +v se meq, \ xev [UFF r �s� 1 � O .B ♦, i ' ` �e� m 167) AI1EA Ii►NDWAItD OF _ / • \ \ i '',; �1°— \ \a �'= \ _ S THE ATTACfIBD SOWILLVBY ANDD AND IAS "NON _ • wHE PRESIRIY® AND ww. RBMAQr UNDISTURBED A NATURAL VEGETATION IN MRFETUITY S IN THE PRESERVED AREA ARE ♦ . �:� /r"� _'; �\___—___'\ � \ eg THE POLIAIPINO �, OR CUMNO OF VPA6'1'AMON. I , — SPBCWr-4LL APPLICATION OP Cf�MECAIS. EXCAV ORADPBI.E'IO. CONSLSNCI70N. OF TIME �CNON OF ANY SIR p®RIS. ,rise,`. �" / // / "•,.•, t� \ j„� I \� ARBAIORPARKM.SI'ORAOEOPIdA7FRIAIS, / SPP " e , n♦ _ ` � I �'� � Cr ROPOSE MrOP PI( cCF'4R/NG �\`�.// �/ h/I / .,,•„�� ' '�,, ,�� To N / N, � �. ♦� // 1 / ��—� '•.�z � �” MAP S/y,y, h'N qRr rONH �,* / sex seb// / RO •e '� �'" • zz.9e \ \ STR CT C zz n ^Zas�`e /rEsr/O z"va (�Jf,a,Ato a ,5�/ / 'Il'; 0 \ l alA_x SFS NOfi 17, \40 22_- \ / zaE ROOF DRAIN O , 6U Q / / \ ey\ \ 2n'el8 "JF x 2112 x Ga e 500 OF J U. U za ze _ y.�,�k �kzfi zr ` � use. (2) POOLS lo' DIA. x a' EFFECTIVE DEPTH NOTES w " a 0 \ / / / / / h� `s �\ AREA = 2.3562 ACRE5 OR 102,635 50. FT. y u) / / // } '20• , 0 • SUBDIVISION MAP "GONE BEACH ESTATES" FILED IN THE 0 7103, r THE A5 FILE OF SUFFOLK COUNTY ON 1. i H Pt V VERTICAL DATUM = N.G.V DATUM (M 5L 192q) ,Nqo /0 ` • NO DISCERNIBLE BLUFF EXISTS ADJACENT TO LOT 5 ee • ELEVATIONS 5HOWN THUS: +20 30 HEREON ARE FROM 4 �3� ACTUAL SURVEY COMPLETED BY US IN APRIL 2006 ` zeoz a�t UTILIZING CONVENTIONAL 5URVEYING T5CHNIOUE5. ao 'A' € H • CONTOURS SHOWN HERE ON ARE FROM FHOTOGRAMMETRY DATED JANUARY 1950 AND THE M CONVENTIONAL SURVEY OF APRIL 2006. DRAIN 56T6 5.F. x 2)12 x 0.90 852 C.F. =uza zsz �// / I I1 //I USE: (2) POOLS 10' DIA x T EFFECTIVE DEPTHry=d 1.663 fi�ga $I �� SURVEYOR'S CERTIFICATIONS / '"ei Lot 5 \ l 91 d —26 529 +ze.nApmze see+ ze,s65\o>$� °43�$ 46 / HOWA W. YO W'V 5 �C' BOARD Of TRUSTEES D ,& s -_ ee hq4 alndcP LAPID% a o +ze az / C +z�z,n� 6 .ze �9/nnlny V = e¢ aegntJ TO� 8 2e,,a ze 13 /,494.66, 1' DATE ✓'//9 o g zaa� �� +zc.az\ rp / e.9e `ax Gam r €=de �Chl �O D gFgaHDR o flm- z � \ u ra-ln SURVEY FOR 4 to Palm ap acgntJ TEST HOLE €a5� E FROM 5I5PIV1510N MAP 9ooE 9 HENRY MAZZONI LOAM �=5 " ' LOT 5 "COVE BEACH ESTATES" U 2.0• <Q FI (5M) MANa At East Marlon, Town of Southold ea' Suffolk County, New York gar County Tax Map Dle4mt 1000 sectio" 22 emek 03 Let 18.15 (MU BUILDI146 PERMIT SURVEY g24 200' gzd< 6R.NV.TEA SAN a S.1 bRAVEL ffil (5V11 3� 22.0 FEB. 28, 2008 FEB. 8, 2008 JAN. 22, 2008 MAP PREPARED DEC. 28, 2007 E.MOI.uMEXT ser 0.MOxMSur FouNo Q=ErAr.E sEr =ErAI�E Pcuxv SCALEI"=40'0 JOB NO. 2008-0020 OF D W6. 940452_00052006-0141_40scale =CHIMNEY 0.O=ROOF OVER 5= rOOP 4E=CELLAR ET'1RANGE