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Home My WebLink AboutPeconic Land Trust (Aliano)1000-74-4-4.1, 4.2, 4.3, 4.4, 4.5 & 4.6 Baseline Documentation Premises: 30800, 30840, 30880, 30920, 30960 & 31000 County Road 48 Peconic, New York 12.2357 acres development rights Conservation Easement PECONIC LAND TRUST, INCORPORATED to TOWN OF SOUTHOLD Deed dated August 22, 2002 Recorded September 5, 2002 Suffolk County Clerk - Liber D00012207, Page 424 SCTM #: Premises: Hamlet: Purchase Price: Funding: CPF Project Plan: Total Parcels Acreage: Development Rights: Zoned: Existing Improvements: 1000-74-4-4.1 thru 4.6 30800,30840,30880, 30920,30960&31000 County Road 48 Peconic $400,000.00 per contract Community Preservation Fund (2% land bank) Yes 12.2357 acres 12.2357 easement acres A-C In July 2002 - 1000-74-4-4.1 has a framed barn, framed shed, utility pole and wooded area with a landscaped buffer to CR 48. All other lots are fallow fields. Part 2. Valuation of the Entire Property A. Description of the Subject Site; The subject parcels to be appraised consist of six lots of an eight lot subdivision. Two lots located to the east border were sold on 10/18/01. This appraisal will concern lot #'s 4.1 thru to 4.6. There is to be one entrance located at the middle of the subdivision. The lots are located on the south side of Route 48, approximately 500 ft. w/o Henry's Lane in the Hamlet of Peconic, Township of Southold, County of Suffolk, State of New York. All lots are considered buildable for residential use. All parcels border to the south on Long Island Railroad - a nominal effect on market value. The parcels are unimproved except for lot #4.1 with a barn in poor condition. The parcels were recently used for the growing of sod; they are now fallow. All parcels are level and open except for a small wooded area along lot 4.1. The lot widths range from 100 ft. to 195 ft. and the depths range from 428 ft. to 660 ft. There is electric service and test wells. Lot #4.1 is the westernmost lot; it is flag shaped. The parcel measures 2.6 acres total. This parcel is part woods along the west border. There is a frame barn in very poor condition - no value. This parcel is mostly open fallow lands. Lot #4.2 measures 2 acres and is all open fallow lands. It also is flag shaped. Lot #4.3 measures 1.9 acres and is open fallow lands and flag shaped. Lot//4.4 measures 1.9 acres; is open fallow lands and rectangle in shape. Lot #4.5 measures 1.9 acres; is open fallow lands and rectangle in shape. Lot #4.6 measures 1.9 acres; is open fallow lands and flag shaped. 14 A P P R A I S A L M O T I O N LAND PRESERVATION COMMITTEE MEETING TUESDAY, APRIL 2, 2002 AT 7:30 P.M. MINUTES Present were: Dick Ryan, ,Ray Blum, Ray Huntington, Reed Jarvis, Fred Lee, Marty Sidor, Melissa Spiro, Councilman Wickham and Tim Caufield. Aliano parcels on Route 48 near gas station in Peeoni¢. These lots are 2 acres. There would be approximately 12 acres in all. A motion was made by Reed Jarvis and seconded by Ray Huntington to have an appraisal done on these parcels. AH were in favor. P R 0 P E R T Y V I S U A L S GOI..J3$MITH'S INLET PARK (COUNTY) PECONIC 11958 7O 41 FOR ADJOINING AREA SEE MAP NO 29 SEE ~,~L Z Z Z Photograph Addendum Nicholas Aliano P~d~ Route 48 (s/s) -~ ~econiu~on~ ~,~ S' uffol"~ ~--~e~k Zip Co:le 1195'--~ ~er/~nt ~ ~f Southold - Land Co~. t~eCs~dr~s ~in Road, Sou~old, ~ 11971 ~ew D. St~e~ S~ A~?ddr~.O. ~X 63, ~ttitu0k, ~ 11952 Subject Front Subject Lot #4.1 Subject Rear Subject Lot #4.1 Barn 57 Photograph Addendum Borrower Nicholas Aliano Pr0~Add~Route 48 (s/s) econic ~ull~ S~ffolk TYo°~k~ ~0~ i Land Comm~c~^0or~MainZl~o°d~edl~9s5o8uthol~,uc~ 1~7~1952 Subject Front subject Lot #4.2 Subject Rear Subject Lot #4.3 58 Photograph Addendum Borrower Nicholas Aliano /~Peconic ~un~ Suffolk ~erICfie~t Town of Southold - Land Comm. LendeFsAddress~4aln Road, Southold, NY 11971 )r,iser Andrew O. St~pe, SRA ~?r~!sefsAO~!~ ?~0. B0~ ~, ~tt~tu~k~ ~ 11~ Subject Front subject Lot %4.4 Subject Rear Subject Lot #4.5 59 Photograph Addendum Borrower Nicholas Aliano C~econic County Suffolk L~/OI~! TO~ ~f ~J~old - Land Com. Le.~.~$A~mss ~in Ro~ ~?~old~ ~ Appra~r~ew D. Stye, S~ ~pra~A~re~P.O. Box 63, ~ttituck, ~ 11952 Subject Front subject Lot #4.6 Subject Rear Ail parcels look east 60 Photograph Addendum Bo~row?r Nicholas Aliano Pr0per~Address Route 48 (s/s) ~un~ Suffolk Ci Peconic 11958 L~/Clien~ To~ of Sou~old - ~nd Co~.Le~ersA~r~ R?ad~ ~?~old~ ~!971 AD~ ~ ~ D St~ ] s~ ~rai~dr~ ~.O. ~OX 63, ~titu~k, ~ 11952 Subject South Border on LIRR Subject Electric Panel Box 61 Photograph Addendum Nicholas Aliano oo~,~ ~uffolk C~econic ~/CI~ T~ ~ ~ou~old -~a Co~.te~¢sAddr~in Road, Sou~pld, Subject Street Look East Subject Street Look West 62 E N V I R O N M E N T A L S U M M A R Y EXECUTIVE SUMMARY This document is a Phase I Environmental Site Assessment prepared to determine evidence of recognized environmental conditions and/or potential environmental concerns in connection w/th approximately 12.2 acres of agricultural property located on the south side of County Route 48, Peconic, New York. The property is improved with a 600+ square foot barn. The remainder of the site was formerly used for agricultural purposes, and had been since circa 1955 or earlier. This Phase I Environmental Site Assessment has been prepared in conformance with the scope and limitations of ASTM Practice E1527-00 for agricultural property located on the south side of County Route 48, Hamlet of Peconic, Town of Southold, New York, the subject property. Any exceptions to, or deletions from, this practice are described in the section of the report entitled Methodology. This assessment has not revealed recognized environmental conditions, however, the following potential environmental concerns were identified in connection with the subject property: The subject property has been used for agricultural purposes (possibly a vineyard) since the 1950s or earlier. As such, it is assumed that various pesticides, herbicides, fungicides and fertilizers were applied to the land as part of typical farming activities. Therefore, the potential exists for elevated concentrations of these chemicals as well as their breakdown products to be present within the surficial soils and groundwater on the site; The type of fuel oil storage tank associated with the former irrigation well is undocumented. It is possible for a underground storage tank CLIST) to be located in the vicinity of the irrigation well; and The potential exists for asbestos-containing materials to be associated with the barn. :C,,ONSULTN( GROUP, July 29, 2002 VIA FACSIMILE AND U.S. MAlL Ms. Peri L. Youmans Peconic Land Trust 296 Hampton Road, P.O. Box 1776 Southampton, New York 11969 JUL ZOu PECON C TRUSL ;; Re: Results of Geophysical Survey and Asbestos-Containing Materials Survey 12.2+ Acres of Agricultural Property County Route 48 Hamlet of Peconic Southold, New York Dear Ms. Youmans: In accordance with your request, Freudenthal & Elkowitz Consulting Group, Inc. (F&E) performed oversight of geophysical and asbestos-containing materials (ACM) surveys conducted at the above- referenced property by Naeva Geophysics Inc. of Congers, New York and Enviroscience Consultants, Inc. of Ronkonkoma, New York, respectively, on July 17, 2002. The geophysical survey was performed to ascertain if the pump for the abandoned irrigation well was formerly fueled from an underground storage tank (UST). The ACM survey was conducted to determine the presence or absence of ACM in the barn and shed located on the property for the purposes of demolishing the structures at a later date. Geophysical Survey The geophysical survey was performed utilizing ground penetrating radar (GPR), magnetometer, and utility-locating instruments. The magnetometer was utilized throughout an approximately 50-foot radius of the abandoned irrigation well in a series of closely-spaced transects to delineate ferro- magnetic objects large enough to represent potential UST(s). The GPR was then used to collect data profiles over significant magnetic anomalies to more fully characterize and evaluate same. Utility locating instruments were also employed in an attempt to trace any piping possibly associated with the former irrigation well. Ms. Peri L. Youmans Peconic Land Trust July 29, 2002 Page 2 One small, circular magnetic anomaly was located in close proximity to the well. This anomaly did not have the appearance ora UST on the graphic output from the GPR. To further confirm this, the location was hand excavated. It was determined that the magnetic anomaly was the result of buried metallic debris, specifically, a plow blade and a metal traction tread for a tractor. The remaining piping associated with the well does not appear to connect to any site features, rather, it appears that most of the irrigation system has been removed with the exception of the pipe encased in the concrete pad and the well itself which is equipped with the driveshaft for the pump motor. Based upon the results of the geophysical survey, it is likely that fuel storage for the former well pump was in an above ground storage tank or other type of above ground container which has been removed from the site. No USTs were identified within a 50-foot radius of the well (Photograph Nos. 1 and 2). RICH - OTHER TEST WELL Asbestos-Containing Materials An ACM survey was conducted at the barn and at the shed. Both structures are in poor condition. Shed The shed is a one-story wood frame structure approximately 25-feet by 12-feet in size and contains discarded wood debris. The building does not appear to have been served by any utilities or sanitary disposal facilities. It is likely that the structure was used solely for storage purposes. Only a small portion of the roof remains where asphalt shingles were once attached. One sample of roofing material was collected from the shed. No other suspect ACM was identified in association with the shed (Photograph Nos. 3 and 4). Barn The barn is a two-story wood frame structure approximately 28-feet by 34-feet in size. At the interior, non-hazardous debris including wood pallets, wood furniture, shelving, a metal storage cabinet, several pieces of sheetrock and litter was observed. What appears to have been a flue pipe for a former ~vood stove was noted to penetrate the first floor ceiling up to the loft level of the barn and through the roof. This pipe was determined to be a transite pipe, and thus, same is considered ACM. A confirmatory sample of the pipe material was collected for laboratory analysis along with samples of roofing material, sheetrock debris and a discarded fire hose (Photograph Nos. 5 and 6). Ms. Peri L. Youmans July 29, 2002 Peconic Land Trust Page 3 Results of ACM Analysis Laboratory analysis indicates that the flue pipe in the barn is asbestos-containing. The pipe is approximately 24 feet in length and eight inches in diameter. All other samples collected from the barn and the shed (i.e., sheetrock, roofing materials) were determined not to contain asbestos (see enclosed laboratory analysis results). Conclusions and Recommendations Other than the asbestos detected in the transite flue pipe in the barn, no other environmental conditions were identified with respect to the bam, the shed or the fuel source for the former irrigation well pump. The out-of-service irrigation well should be properly abandoned by a licensed well driller in accordance with New York State Department of Environmental Conservation regulations. The transite flue pipe in the barn must be addressed prior to demolition of the structure in accordance with handling, removal and disposal requirements for asbestos-containing materials set forth in Industrial Code Rule 56 (New York State Department of Labor Asbestos Control Bureau). The pipe must be removed by a licensed asbestos abatement contractor. Should you have any questions or comments, please do not hesitate to contact me. Sincerely, FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. Richard J. Baldwin, CPG Associate RJB/ba 25049 INvOIc~ -I ~,' Zb 211[12 iz:12 k31[b,~i2i'~[ EIf4IRQSC-!c~'-.E ~' F¼GE Jl ENVIROSCIENCE CONSULTANT , INC. 2 ! 50 SMI'~HTOWN AVENUE RONKONKOMA, NEW YORK 1. PHONE: (631) 5~0~3~9~ · FACSimILE Patricia Parvis Freudenthal & Elkowitz Consulting Group, Inc, 368 Veterans Memorial Highway Commack. NY 11725 Phone 499-2222 Fax 499-$928 July 24, 2002 Re: Peconie Land Trust - Route 48 Property, Peconic, NY Asbestos Inspection Dear'Ms, Parvis: On July 17, Ehviroscience Consultants performed an,asbestos inspection of a barn and a shed lOCated at on the south side of Route 48, west of Mill Lane, PecOnic, New York. The purpose ,f,the, m?~pection ~a.s,~ ~den ',ti~, .s,~ap. le, and q.ua~tlfy suspect asbestos materials.. Asbestos was aetecrea m a non-marne translte p~pe m the barn, This' piPe is apprOximately 8" m diameter and 24' long. It runs from the floor of the barn upthrough the roof; it appears to have been a chimney. 'Please refer to the enclosed sample results. The quantities of materials identified ere.as follows: Material , Ouantity. Location Transite Pipe 24 l,/-ear Feel Barn Asbestos was not detected in other sampled materials, which included a length of fn'e hose. sheetrock, and asphalt roof shingles from the barn and the shed. No other suspect asbestos materialswere observe~l. The asbestos transite.pipe must be removed by a licensed asbestos abatement c0n~aetor prior to demolishing the bara~ Enclosure: Please feel free to Contact me if you have any questionS. Sincerely, laghcr / Environmental Engineer Sample Results I~NVII~ONMENTAL- ~ INDU~=TI~IAL HYG~I.EN£ C:ON~ULTANTS WWW. E NVI ROH IEALTH ,ORG 12:12 6315b~,83! 95 EN'-' I ~O$C ~ ENCECNSLTaN PaGE 82 ENviroscieNCE CONSULTANTS, INC. 2150 SmlthTOWN aVENUE I~ONKONKOMA, NY I ] 779 PHONE: (631 ) 580.3191 · FACSIMILE: (63 ~) 580-3195 W'WW'.ENVIRO HEALTH,ORG ELAP # 11681 ASBESTOS BULK SAMPLE RESULTS [1~2 Fr~udenthal & Elkowitz ~', , ~2i~1 B-6%24 ~,~ Pecoaic Land Trust, Route 48~,~ ~a~:~,~ ,,, ~~: J~y 17, 2002 TP 1 Tra~site flue pipe/barn ~:~ % Chrysoffie FH 2 Fire hose door guard/barn None Detected SR 3 Sheetrock debris/bam~ floor None Detected SR 4 Sheetrock/bam~ loft None'~t~ted R 5 Roof shingle, ~reenfoam None Deleted by TEM R 6 Roof shillgIe, ~ray/shed ' ,iNoge Detected by TEM August 20, 2002 N. Aliano 10?4-4 -41 County Road 48 Peconic, NY Asbasws Tt ansi to Pipe Rem o', al Dear Mr. Murphv: Trade-Winds En~SronmcntaI perl'onncd ~ asbez,,Ios abatement project of rEa ~emevai of asbestos transite pipe fi'om in side the abo'~'e reference location this asbestos abatcmear ~ork was conducted in accordance with New York State Industrial Code Rule 56 asbestos regulations for the removal of transitc pipe. The asbestos waste was transported by Asbestos Transportation Company of Shirley, New York to Meadowfill Landfill ia Bridgeport, West Virginia £o2 asbestos disposal. Thc completed waste manifest will mailed upon its return from the landfill. Enclosed is a copy of our comply asbestos license for your records. Jf ye,, should have a~y questions concerning this project, please call me in the office at .531_-435-8900 Sincerely, Calvin Project Manager TradeWinds Envkonm~ntal Restorafi,m, Mc, ENVIRONMENTAL RESTORATION INC. 100 Sweeneydale Averlue, Bay Shore, N~' 11706 · 631-435-8900 · Fax: 631-435-4337 * 1-800-282-8701 kJJ STATE OF NEW YORK- DE ?AR1-MENT OF t ABOR DIV1S[ON OF SAFETY AND HEALTH License and Ce~if~cate Unit BUILDING ~2.~oom 161 STATE CAMPUS AL~ANY, NY t2240 ASBESTOS HANDLING LICENSE Contractor: Address: TradeWinds Environmental Restoration, 100 Sweeneydale Avenue Bay Shore, NY 11706 ~_KIC. LICENSE NUMBER: 00-0079 DATE OF ISSUE: 1 / 28 / 02. EXPIIIA'TION DATE: 2 / 28/03 DulY Authorized Representative: Michael. O'Reilly · · . . ' . ica de +rovlsions of Article 30 tff the Lpbor,l~aw of This license has been msued m accordance w&Ll~ appl, . ..... ~';-na ~12 NYG~ Part 56L. it ~s ~un?~ Lo ., _ ~:i: 6]~.*~ -nd of ~he New York State C,~des, ~t~{~s.an? ~-~'~'F2-~tl'laws with ~gard to the conauC; eman l~W l~a ........ otlan for a {I) serious violation oral. al,e, {¢aera~ suspension o..=- ........ ' job involving asbes~s or ashes~s asbestos project, or (2) demonstrated lack of responsibility in the co.duct of any ma~rial. ,c and lifts 1 cense ora photocop~ mnst bc pr0mtnently -,, - ,' :~ -~lid oolv tbr the contractor named abo;; ..... ,, ......... ~mnloved by the licensee on an displayed aL the asbestos proJecu wor~a~te. -,]~ .......... . asbestos project in New York S~t.e ba~e I~en.?~ied an Asbestos Certificate, appropttate for the type of work U~ey perEorm, by Lh¢ Hew York State Depart. menu o[ baoor. ll.j~;a~d Cucoio, Director FOR IHt COMMISSIOIqER OF LABOR SH 432 (10-00) "Il Photo~raoh No. 1: Use of GroundPenetrating Radar (left) and magnetometer (right) in the area surrounding the former irrigation well (center). Photograph No. 2: Metal debris excavated from an area of a small magnetic anomaly. FREUDENTHAL & ELKOWiTZ CONSULTING GROUP, INC. Photograph No. 3: View of one-story wood frame shed. Photoeraoh No. 4: Interior of shed containing mostly wood debris. FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. Photograph No. 5: Flue pipe in barn determined to contain asbestos. FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. Photograph No. 6: Same flue pipe as in Photograph No. 5. View is from loft area. Note pipe exiting roof. FREUDENTHAL & ELKOWITZ CONSULTING GROUP, INC. P U B L I C H E A R I N G ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor t h fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOVONG RESOLUTION NO. 310 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 7, 2002: RESOLVED that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets a public hearing at the Southold High School Auditorium, Oaklawn Avenue, New York on the 21st day of May, 2002 at 1:35 p.m as the time and place for a public heating for the purchase of development rights of aghcultural lands on the six (6) lots owned now or formally by Nicholas Aliano and Margaret Aliano. Said property is identified as SCTM #1000-74-4-4.1, 4.2, 4.3, 4.4, 4.5 & 4.6. The properties are located on the south side of CR 48 in Peconic. The total development rights easement on the six (6) lots comprises approximately 12.25 acres. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $400,000 (four hundred thousand dollars). The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value in addition to it's scenic value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOT[_C.E OF PUBLIC HEAR?G NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 and/or' Chapter 6 (2% Community Preservation Fund) of the Tow~ Code,. the Town Board &the Town of Southold hereby sets a public hearing at the Sou,.hold High School Auditorium, Oaklawn Avenue, New York on the 21st ~ of May, 2t)02 at 1:35 p.m as the time a~d p~ce for a public hearing for the pur¢hase 0£ development rights of agriculmxal la~as,o~.the Six. (6) lots owned now or £ormal~y by Nicholas Aliano and Margaret AAian(~ at which time all interested persons will be heard.. Said property is identified as SCTM #1000-74-4-4.1, 4.2, 4.3, 4.4, 4.5 & 4.6. The properties are located on the south side of CR 48 in Pecon/c. The total development rights easement on the Six (6) lots comprises approximately 12.25 acres. The exact area of the development fights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $400,000 (four hundred thousand dollari). The property is listed on the Town's Community Preservation Project Plan as property that should be preserved duq to its agricultural value in addition to it's scenic value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York. and may be examined by any interested person during busiimss hours. Dated: May 9, 2002 BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE PUBLIC HEARING MAY 21, 2002 1:35 P.M. ON THE PURCHASE OF DEVELOPMENT RIGHTS OF AGRICULTURAL LANDS OF ALIANO, SCTM # 1000-74-4-4.1, 4.2, 4.3, 4.4, 4.5 & 4.6 Present: Absent: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman Craig D. Richter Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Councilman John M. Romanelli COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets a public hearing at the Southold High School Auditorium, Oaklawn Avenue, New York on the 21st day of May, 2002 at 1:35 p.m as the time and place for a public hearing for the purchase of development rights of agricultural lands on the six (6) lots owned now or formally by Nicholas Aliano and Margaret Aliano at which time all interested persons will be heard.. Said property is identified as SCTM #1000-74-4-4.1, 4.2, 4.3, 4.4, 4.5 & 4.6. The properties are located on the south side of CR 48 in Peconic. The total development rights easement on the six (6) lots comprises approximately 12.25 acres. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $400,000 (four hundred thousand dollars). The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value in addition to it's scenic value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Dated: May 9, 2002 By order of the Southold Town Board of the Town of Southold, May 9, 2002. Elizabeth A. Neville, SoUthold Town Clerk. COUNCILMAN WICKHAM: I have here a notification that this notice appeared in the Town Clerk's bulletin board and also that it has appeared in the Suffolk Times newspaper. SLrPERVISOR HORTON: Would anybody like to address the Board on this public heating? Mr. Skabry, you approached the Board earlier. You have heard through each of these public hearings at the end of the reading that it has been published at various places, at the Town Clerk's bulletin board Or in the newspapers. We are required to make notice to the public that a public hearing is being set so YOu are properly notified and so you can actually be here to address the Board. JOHN SKABRY: Good Afternoon Supervisor. Good Afternoon Members of the Board. Thank-you for giving me this opportunity to speak to you. I am not a public speaker, it's not my forte and I had to develop a lot of courage to get up here. This acquisition, nearly a half a million dollars of taxpayers money, could be much better spent on other areas in the Town. I would like to elucidate. First of all, the farmers and taxpayers and other taxpayers of this Town need tax relief first before anything else. That piece of highway, that sub-division, one-third of it-that is 4.6 acres-has applied last year for a zoning variance. It was granted at 11:30 at night in June of last year. Long after we were all in bed. They wish to put an agri-business child development center on that land. That is going to be a day- care center for out-of-town and in-town migrant and farm workers, whose income is close to slavery. From $4,000 to $9,000 a year will be the income levels of the people who are going to bring their children to this center. The center as explained to me at the Planning Board hearing last week, by ex- SUPervisor Murphy who is the Real Estate Developer on the project, will 75 children and 35 e~ployees, that is a ratio of 2 to 1. It will be funded by a loan from the State of New York to a state ag, ency. It smacks a little bit of Enron to me. It will have 7,000 square feet, that is 110 people on 4.6 aC?es land. The reason that we went to 2 acres, the way that I remember it, 36 years of living here, two ac[e zoning was to protect the environment. I live across the street from this development and up the rofid a piece, many neighbors from here and there. We will drink the sewage from this. The County Health Department has stated in their report that they would recommend because of the nitrate level on th~ property that public water support the project. Who will support the public water on my property? This is a 12 acre sub-division and you are taking only 2/3 of it and making it agricultural only. I have walked that property, gunned on it. It borders on the Long Island Rail Road, it borders on a highway that is 55 mile per hour, originally built for 65 miles per hour and on the other side of it, it borders on industrial zoned property. That property was sub-divided a number of years ago and there have been For Sale signs on it since it was sub-divided and never, ever built on. I offer to you that it will never be built on as long as it is there. There are a lot more places to build houses on than that property. I will admit that it is a gorgeous piece of property. It's proximity to industrial property, the railroad and th~ four-lane highway makes it undesirable for residents. Right now it is resident-agricultural zoned. The soil, Bridgehampton loam, the finest there is in the world. It is a benchmark for the world. I am in favor of preserving land, our open spaces in Southold Town. I think that you could make a choice of some better property. As I said, it is 12 acres, 1/3 of it is zoned already for a child-development. If the child-development center goes in, no one will build on that property adjacent to it because of it's proximity to a public institution. We already have in this Town two day-care centers with plenty of vacancies. There is plenty of room for these people. Each of tbose day-care centers allows people to come there in the poverty level that we are talking about on a sliding scale of no payment at all. I would like you to table this purchase until the Planning Board rules on the child-development center. It would put a different perspective in front of you when you see how the land is zoned around it. As I said the Zoning Board of Appeals already has given them an approval and at the Planning Board final hearing last week, the Chairman Ben Orlowski and I will quote" I don't know why they did that (he was speaking about the Zoning Board of Appeals approval of the use of the land as a child development center from agricultural residential) but we have to look at this as an approved use on the site, that tells me that they are going ahead with the project." I've looked at the New York State, the agri-business development center annual report there is nobody from Long Island on the Board of Directors, I don't know if anybody has an idea what happens downstate on Eastern Long Island. They are all from the Batavia, Rochester area and the western part of New York State. The first time that they came to Eastern Long Island they chose two sites in Riverhead. They were turned down by the Town Board in Riverhead twice to build this child development center. I had the pleasure of speaking to Reverend Coverdale at the Baptist Church on Northville Turnpike, we all go past it in Riverhead at length the day before yesterday. He explained to me that they were offered the use in conjunction with the church for a day-care center that they wanted to build in back of the church and he doesn't know why they didn't accept that offer. I don't have anything further to say about this, I do have quite a bit to say as a matter of fact I have a folder full of items on it, from the Governor's website the Governor announced this facility for children of farm workers and this is the announcement that he made, the one million dollar no interest loan to Grace's Place, which is the spin name of the development center. I h~ve the pleasure of counseling several of the students that are in this body, as a merit badge counselor fro: the three citizenship badges for Boy Scouts. I have been doing that for 22 years. Lately, I asked them what do they think of government. I am unhappy to say that the word corrupt is the first word that they say. We have to project an image, especially as leaders, of no- not even being close to corrupt. It is the government that I fought for, the government that I love and I don't like to hear that. Unfortunately, it may be the times and the press, I don't know what it is. But I am very, very pleased to see this Town Board having a meeting in front of my students. I thank-you very much for this opportunity to address you. ALICE HUSSIE: Alice Hussie. Is this 16 acres or 12 acres? You are talking about buying 12 acres, isn't the whole parcel 167 Or what is the situation. SUPERVISOR HORTON: We will let Melissa Spiro answer the question in regard to that specific. MELISSA SPIRO: There are 8 lots in the approved subdivision, this is 6 of the 8 lots. The other 2 lots ar~ Grace's Place. ALICE HUSSIE: On the eastern part of it? MELISSA SPIRO: Yes, right next to the gas station and North Fork Wood Works. ALICE HUSSIE: Okay, I think that this is a bad idea. The State and many, many planning experts say that any town should heed its Master Plan. And our Master Plan talks about developing housing within half a mile of the Post Offices. This property is definitely within half a mile of the Peconic Post Office. The Board made a mistake in my opinion buying 8 acres on Hortons Lane which was also just north of the railroad there. That's another piece of property, 8 acres which could very well have been used for housing and it is close to the center of Town. Within walking distance of all the necessary things that people need to have. This is also in the same situation. I think that for $400,000 we ought to, as Mr. Skabry says, you can certainly spend your money more wisely than this. I know that this has been in the hopper for a long time but think about it. The Master Plan says concentrate close to the 4 fanning, Mr. Aliano was not a farmer, he is a developer from Wading River or somewhere. He is not ifarming it. It hasn't been fanned in a long time except for having some sod on it for a little while. I wish that you would reconsider this. As far as I guess and not talking about the Grate's Place thing, I don't think that that should have to be happening here. I don't think that it should be happening for a specified group of people if everybody is going to pay for it. Thanks. SUPERVISOR HORTON: Would anybody else care to address the Town Board on this public hearing? COUNCILMAN WICKHAM: Tom Wickham is my name. I am a member of the Town Board and I am also the liaison from the Town Board to the Land Preservation Committee of the Town. It is that Committee which recommends various purchases to the Town and I am not going to make a strong statement in support of this purchase but I would like to reflect for the record why the Land Preservation Committee brought it to the Board for a decision from us. There are basically two reasons for it. The first reason is the importance of saving agricultural land in this town. As many of you know agricultural land is slowly being eaten up and there is less of it each year. And this parcel is a ~trong agricultural land, it has been farmed for many, many years. The second mason is because it is right along Route 48 and opens up a scenic view by people who are driving along on Route 48, you could look out to the side and you are not being obstructed by a strip mall or houses or even by vineyards. It is just an open field. And while the field doesn't go very far back, it only goes as far as the railway, the view of the Committee was that that was worth saving. The appearance, the rural character of the Town is tied up not only in agriculture but in the scenic views that are afforded in this Town. So for those reasons the Land Preservation Committee has recommended it and it has gone to public heating and that is what we am here for today. SUPERVISOR HORTON: Thank-you, Tom. Would any other members of the Town Board care to ad ~dress this public hearing? TIM CAULFIELD: Good Afternoon, my name is Tim Caulfield, I am Vice-President of Peconic Land Trust. Thank-you for hearing me today. I just wanted to speak in support of the acquisition it is 12.25 acres. The State law, the State Ag and Markets defines a viable agricultural parcel as a parcel that is 10 acres or more. As Tom says, it is right on the scenic highway. The Town has done a number of studies to recommend ways of preserving our rural heritage, our scenic vistas and this is one of those properties that can clearly contribute to maintaining our rural heritage and importantly the scenic vistas bom Route 48. There is a well on the property, there is a nice barn on the property so that it lends itself well to being an agricultural operation that will succeed and we do have private support to help acquire the property. And any time that we have private support lending its support to the government, to local government to help preserve some of these properties we certainly think that that's a good idea to work partnerships with private public acquisitions. So again, it is 12.25 acres whatever is happening with the Grace's Place, that is a separate issue and while we appreciate the concerns that may be raised on that issue this issue of preserving a viable agricultural parcel we view as separate and something that would be really a good acquisition for the Town. So again, we support it. Thank-you for your time. COUNCILMAN MOORE: Can you elaborate on that private side of the equation, I am not familiar with that? 5 TIM CAULFIELD: Sure, well what we have is..we call them conservation investors. There are people in Town who very strongly support conservation and are working pro-actively to help us take some land that could be otherwise put to development uses and bring that land back into productive agricultural use. The people who are involved in this acquisition are willing to purchase the restricted farmland so that the Town, if they purchase the development rights, they can purchase the restricted .farmland and then work with the Trust and the Town to get that land back into productive agricultural us~. So it is a way of utilizing some private sector capital to really reverse the development process. And while we have nothing against development in appropriate areas, in certain areas we have a good opPortunity to put the farm unit back together we very strongly recommend that we proceed on those. COUNCILMAN MOORE: One last question, I am assuming that you didn't have a willing seller to include the final four acres on which the other facility is located to make it a whole package of 16 or 17 acres? TIM CAULFIELD: We never got involved in the process until after those two lots were sold. So Grace's Place was purchased and then there were 6 lots and we were concerned that those 6 lots once the market was set for the value was set for those first two lots that those lots would get developed at some point in time and that is when we pro-actively reached out to try to acquire it. COUNCILMAN MOORE: And the timetable in which you must act is quickly or can we, do we have the opportunity to chew on this one? TIM CAULFIELD: We do have a timetable. The land-owner is hoping, is really requesting at this point a July closing. We do have our end of the acquisition together. We have the support for the acquisition of the restricted farmland so that we would be requesting that the Town Board make the decision as soon as possible. MELISSA SP1RO: I don't want to repeat everything that was said in support of the project but I do repeat all of that. I would also like to add that as you can see on the map that this property is in the vicinity of some protected land. The green on that parcel is land that is already, the developing fights are already owned by the Town or the County. The blue in the upper right hand comer is Town owned park land. It is the Cochran and Tasker Park. So it is in the vicinity of already protected land for farmland purposes. And also the parcel, actually all eight parcels in that sub-division but the six that we are talking about are on our Community Preservation list which will allow us to use the 2% funding to purchase this property. Thanks. SUPERVISOR HORTON: Thanks, Melissa. Would anybody else like to address the Town Board on th!~ particular issue? JOAN EGAN: Yes, I think what you are all...(tape change)..about acquiring land and getting it out of private hands always leads me to wonder who will eventually get the land. This is why I oppose the issue down in East Marion where Southold Town wants to lease the land. I think that it is a very, very, very serious issue. I think that the gentleman that spoke brought up a lot of facts. There are a lot of other things that are important that is Route 48. That is a state road and you have to do, right Mr. Yakaboski, you have to be very careful what you do on Town roads and State roads. They are basically different. So I think that it is, and 1 do oot go along xvith the idea that people go along that 'area looking how pretty we are anyhow because they never even stay within the speed limit of 55 miles ~Pe~ hour. And at 55 miles per hour in traffic and most of them are going out to the ferry, they don't even look or care. So I think that you have to put the whole situation into very, very careful care. Don't you all agree with me? SUPERVISOR HORTON: Thank-you, Joan. Would anybody else care to address the Town Board on this public heating? We will close this public hearing and continue on with the printed agenda and the voting of the resolutions. eville L Southold Town Clerk S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 350a OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 21, 2002: WHEREAS, the development rights on six (6) lots comprising approximately 12.25 acres in total, know as SCTM# 1000-74-4-4.1, 4.2, 4.3, 4.4, 4.5 & 4.6, located on the south side of CR 48 in Peconic, have been offered for sale to the Town; WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to it's agricultural value, and WHEREAS, the development rights purchase of this property is in conformance with the Community Preservation Project Plan and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, this action is classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and WHEREAS, the Town Board of the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and WHEREAS, the Short Environmental Form prepared for this project is accepted and attached hereto; be it therefore RESOLVED that the Town Board of the Town of Southold hereby finds no significant ,impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk Appendix C State Environmental Qua#ly Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only 'ART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 4. PRECISE LOCATION (Street addr~ and road Interse~lo~s, Prond~e~t landmadcs, etc., or pm~de ma~) SEQR 6. DESCRIBE PROJEC? 8RI.EFLY: ?. AMOUNT OF lAND AFFECTED= 8, W1LL. PROPO~>EO AGTION COMPLy WITH EX~S~.NG ZONING OR OTHER E~QSllNG LAND USE RE~? [] No ;f No. des~ibe ~x~ehy 10. DOES ACllON INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY ~L, STATE OR r~ ~1% If yes, list agenc!,~ and ~l/al~oro~ats Y~ 11. DOE~ ANY ~ OF THE AC'TR~N HAVE A C~RRE~FLy VAUD PERMIT [~Ye~ ~No' If yes~ list ~ name attd 12. AS A RESULT OF PROPOE~ED ACTION WILL EZIS'I1NG PERMITIAPPROVAL REQUIR~ I~O{NFICAT~O~? Yes I CERTIFY THAT TH£ INFC~qMATION F'flOvIOED AI~E IS TR~E TO THE BEST OF MY KNO'hl. EDGE name: If the action is In the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this essesSmetlf I OVER 1 D ]RflLL THE PROJECT HAVE AN.IMPACT ON THE ENVIRONMENTAL CHARACTERL~TK~i THAT CAUSED THE ESTABUSHMENT OF-A CEA? I-I Ye~ E. IS THERE, OR ~ THI~R~ LIKELY TO BE, GOHTROY~L~Y RELATED TO POTENTIAL ADVERSE EN~qRONMENTAL IMPAC'rb~ [] Yes ~o If Ye~, explain briefly ·ART Ill--DETERMINATION OF SIGNifiCANCE (To be completed by Agency) INSTRUC110NS: For each adverse effect identified above, determine whether it Is substantial, large, imporlant or otherwise significant. E,seh effw3t should'be as~ in connection with Its Ia) setting (i.e. urban or rural); ~) probabllity.of.occ~ning; (c)'dur'~tion; Id) Irraverslblllt~ (e) ge~raphlc scope; and If) magnitude. If secessmy, add attachments or reference suppo,'ttng materials. Ensure that explanatkms contain suffiolset delall to sJtow that all relevant adverse impa~ts have ~.l~n idenilfled and adequately' addressed. If questloft D of part II was che<~ed ~.the detefmtnatlo~ and slgnlficar~e must evaluate the. potential Impact of the proposed actkm o~ the en~iro~mefltal characteristics of the CEA. I-] Check this box if you have identified one cc'more potentially large or significant adverse impacts'which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. docheck this box if you have 'determined, based on the Information and analysis abOve .and any supporting umentatlon, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Title ot Re~'PonSible Off,er P U R C H A S E R E S O L U T I O N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 350b OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 21, 2002: WHEREAS, the development rights on six (6) lots comprising approximately 12.25 acres in total, know as SCTM# 1000-74-4-4.1, 4.2, 4.3, 4.4, 4.5 & 4.6, located on the south side of CR 48 in Peconic, have been offered for sale to the Town; WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to it's agricultural value, and WHEREAS, the development rights purchase of this property is in conformance with the Community Preservation Project Plan and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and RESOLVED that pursuant to the provisions of Chapter 25 and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby elects to purchase a development rights easement comprising approximately 12.25 acres (subiect to survey) on the property identified as SCTM# 1000-74-4-4.1~ 4.2~ 4.3~ 4.4~ 4.5 & 4.6 located on the south side of C.R. 48 in Peconic. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $400,000 (four hundred thousand dollars) for the approximately 12.25 acre development rights easement. Elizabeth A. Neville Southold Town Clerk C L O S I N G S T A T E M E N T CLOSING STATEMENT PECONIC LAND TRUST, INCORPORATED to TOWN OF SOUTHOLD Development Rights Easement- 12.2357 acres (f/Ida Aliano) SCTM #1000-74-4-4.1, SCTM #1000-74-4-4.2, SCTM #1000-74-4-4.3, SCTM #1000-74-4-4.4, SCTM #1000-74-4-4.5, SCTM #1000-74-4-4.6 Location: south side of Route 48, Peconic, New York Closing took place on Thursday, August 22, 2002, 10:00 a.m. Conference Room, Southold Town Hall Purchase Price: Payable to Nicholas & Margaret Aliano Check #068174 (8/22/02) $ 400,000.00 Expenses of Closing: Appraisal Payable to Andrew Stype Realty, Inc. Title Report Payable to Fidelity National Title Check #068174 (8/22/02) Title Insurance $ 2,082.00 Recording fee $ 2~9.00 50~50 Expenses of Closin.q Payable to Peconic Land Trust, Incorporated Check #068163 (8122102) $ 2,500.00 $ 2,301.00 $ 9,513.38 Closing Attendees: Joshua Y. Horton Gregory F. Yakaboski, Esq. Melissa Spiro Timothy Caufield Peri Youmans Susan Q. Tuths, Esq. Jim Miller Frank Murphy Southold Town Supervisor Southold Town Attorney Land Preservation Coordinator Vice President, Peconic Land Trust Project Manager, Peconic Land Trust Attorney for Peconic Land Trust Title Closer Realtor, Century 21 (Bookmiller) 5309~ MAIN ROAD SOUTHOLD NEWYORK 11971~09~9 DOLLARS PAYTO THE ORDER OF NICHOLAS & MARGARET ALI ANO 970 ROUTE 25A MILLER PLACE NY 11764 VENDOR 001355 NICHOLAS & MARGARET ALIANO ....... T .... I}RzOICE o8/2 / oo2 CHECK 68162 DESCRIPTION AM~T 1~T'T' H3 .8660.2.600.100 74-4-4.1 TO4.6 12.2357 ACRES-RT 400,000.00 TOTAL 400,000.00 TOWN OFSOUTHOLD · SOIJTIffOLD NYl19710959 FROM: TO: Andrew Stype Realty, Inc. P.O. Box 63 Mattituck, NY 11952 (631) 298-8760 Town of Southo~d La~d Preservation Committee Southold, NY 11971 * * * INVOICE * * * Dane: 5/1/02 For professional appraisal services rendered. Property Owned By Aliano S/S Rte. 48 Peconic, NY 11958 2~ 500 O0 Subtotal: 2,500~00 State Tax: A service charge of 2% per month will be applied to all accounts more than thirty days past due. Thank you very much for your business. t1971:09~9 NO, 068:].74 AMOUNT **$2,301.00'* PAYTO THE ORDER OF FIDELTTY NATIONAL TITLE 24 COMMERCE DRIVE RIVERHEAD, NY 11901 VENDOR #6182 FIDELITY NATIONAL TITLE 08/22/2002 CHECK #68174 FUND/ACCOUNT INVOICE # PO # DESCRIPTION AMOUNT H3.8660.2.600.100 082202 ALIANO/PECONIC LAND TRUST TO TOS SCTM #1000-74-414.1 THRu 4.6 12.2357 ACRES TITLE 2,082.00 DEED 219.00 TOTAL 2,301.00 TOWN OF SOU1 HOLD · PECON'tC LAND TRUST 296 Hampton Road, EO. Box 1776, Southampton, NY 11969 (631)283-3195 Fax: (63 l) 204-07I l www. peconiclandtrust.org Invoice submitted to: Nicholas Aliano 11 Ashley Lane Shoreham NY 11786 August 7, 2002 In Reference To: Land Preservation Work through August 21,2002 Description of Services Intra-Offer Consultation Meetings Preliminary Research/Mtgs. Project Mgmt & Implementation For professional services rendered Additional charges: Baseline Documentation Report Consultants Express Mail Surveying Costs & Copies Travel Reimbursement Total costs Hours Amount 3.50 No Charge 0.50 47.50 1.00 No Charge 90.75 5,983.75 95.75 $6,031.25 1,200.00 8,475.00 12.85 3,300.00 7.66 $12,995.51 Total amount of this bill $19,026.76 Balance due $19,026.76 ~INE THOUSAND FIVE H:UNDREDTH~ PAYT© PECONIC LAND TRUST, INC. THE ORDER 296 HAMPTON ROAD OF lDO BOX 1776 SOUTHAMPTON NY 11969 ~.38 VENDOR 016140 PECONIC LAND TRUST, INC. 08/22/2002 CHECK 68163 ?~D & ACCOUNT H3 ,8660.2.600.100 I~nzOTC~ 74 -4 -4.1 TO4 . 6 12.2357 ACRES-RT 48 TOTAL AMOI~T 9,513.38 9,513.38 TOV~bIOF SOUTHOLD · SOUTHOLD NY 11971 0959 3udenthal & Elkowitz Consulting Group, Inc. ~68 Veterans Memorial Highway Commack, New York 11725 (631) 499-2222 Invoice DATE INVOICE NO. 7/9/2002 7408 BILL TO Peconic Land Trust 296 Hampton Road i Southampton, New York 11969 Att: Marian Sumner RECEIVED JUL 1 8 ZOOZ PECONIC LAND TRUST, INC, DESCRIPTION Phase I Env. Site Assessment Former Agr]cul ural Property South Side of Rt. 48 (aka North Road) Pecomc, Ney, York i 1000-74-7-4 I through 4.6 ~aration of a Phase I Environmental Site Assessment for the above-referenced propcriy HOURS B!!C~KED A/~P AM'ft PAID .DJ CHECK NO. JOB/ ~ ACC~, NO, TERMS PROJECT RATE 2,200,00 ~TE PAID PEC-02-230 (SS Rt. 48...l AMOUNT 2,200.00 Total $2,200.00 Freucianthal & EIkowitZ GonsUltin§ Group, Inc. 3,68 Vaterans Memorial Highway Commack, New york 11725 (631) 499-2222 Invoice DESCRIPTION Cmmty Route 48- Town of $outhold Limit~ Geophysical Sarvey ~d Li~tcfl ~b~stos-¢om~[as M~¢[a[s Su~¢y Conducted ~md ~ubmi~cd Phase 11 BSA Report cn Jul)' 29, 20(]2. APPROVED / '~ PAI[~ CHECK NO ACCOUNT_ ~rAI 1~ TERMS _~_ PROJECT I pEC-02-230 (SS RI 48,. [ -- ~ ---- ---~- AMOUNT .ou~ ..... ~T%__.~_ __ __ 2,925.00 -- I Total 2,925-00 $2,925.00 C O N S E R V A T I O N E A S E M E N T Number of pages TORRENS Serial# Certificate # Prior Ctfi # Deed / Mortgage Instrmnent Deed / Mortgage Tax Stamp 41 FEES RECORDED 2002 Sep 05 04:12:10 PM Edward P.Romaine CLERK OF SU?FOLK COUNT? L D00012207 P 424 DT~ 02-05420 Recording / Filing Stamps Page / Filing Fee I~__ Notation EA-52 17 (County) Sub ]oral EA-5217 (State) R.P.T.g.A. / 5() J Comm. of Ed. 500 Affidavit Certified Copy Reg. Copy .~ Other /5 SubTotal /~r--0 -- GRAND TOTAL ~,~ 0 ~ ,r~ Real Property Tax Service Agency Verificatio. [~ gg~'~ / D~,,. I SecBon I Olock I ,~, 1 Satisfactions~ta~scnarges/Releases List Properly Owners Mailing Address RECORD & RETURN TO: Town of SouLhold 53095 Main Road Southold, NY 11971 Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec./Assit. 0t Spec./Add. TOT. MTG. TAX Dual Town Dual County__ Held for Apportionment __ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. l YES or NO If NO, see appropriate tax clause on page # __. 0fthis instrument, I I Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved __ Vacant Land x TD TD TD Town of Southold ] Title Company Information Ico.~4~me ~:i~£Lir~l t~kT[oa)t~& Suffolk County Recording & Endorsemem Page- ~s page lbmm pa~ of the attached ConsorvaL~on Eas~menL made by: (SPEOFY ~E OF ~S~ ) Peeonie ~and TrusL, Incorporagod~epret~seshereJnissitmtedin S~FOLK CO~, ~W YO~ In &e To--bp of Sou tho 1 d In the VILLAGE or H~LETof ~Q ~ ~ ~ B()Yd:.S 5 TI [RU 9 MUS'I BE I-¥PED OR PILINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) CONSERVATION EASEMENT (Deed of D~velopmont Rights) THIS DEED OF CONSERVATION EASEMENT, is made on the~ay o f4~"002 at Southampton, New York. The parties are the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York Corporation, having a principal office at 296 Hampton Road, P.O. Box 1776, Southampton, New York 11969 (herein call "Grantor") and the TOX~VN OF SOUTHOLD, a Municipal Corporation, having a principal office at 53095 Main Road, Southold, NY 11971 (herein called Grantee). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of 6 lots totaling 12.2-acres of real property located in the hamlet of Peconic, in the Town of Southold, Suffolk County, New York, identified as SCTM #'s 1000-74-4-4.1, 4.2, 4.3, 4.4, 4,5, and 4.6 and is more fidly described in SCHEDULE A attached hereto, made a part hereof, and hereinafter referred to as the "Property"; and WHEREAS, Grantor wishes to grant a Conservation Easement on the 12.2-acre parcel of Property to extinguish the six (6) development rights on the Property so that it shall remain in its open, undeveloped, natural and scenic state; and WHEREAS, the Property contains soils classified as Class I and Class Il worthy of conservation as identified by the United States Department of Agriculture Soil Consel-:ation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is located in the Agricultural Conservation Zoning District which, according to the Town Code of Southold, Article III, Section 110-30, is to prevent thc unnecessary loss of those currently open lands within file Town containing largc, contiguous areas of prime agricultural soils and provide the open rural environment valued by the Town's residents and tourist population; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's comprehensive planning documents to protect environmentally sensitive areas, presep,'e prime agricultural soils, to protect the scenic, open space character of the Town and to prelect the Town's resort and agricultural economy; and WHEREAS, Article 57 of the New York State Environmental Conservation La,v, Section 57-0101, et.seq., entitled "Long Island Pine Barrens Maritime Reserve Act," declared it to be in the public interest to protect and manage the Pine Barrens/Peconic Bay maritime systeln, including the Property; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, open space, and natural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Conservation Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE: 0.01 Grantor's WarranP~ Grantor warrants and represents to the Grantee that Grantor is tile owner of the Property described in SCHEDULE A, free of any mortgages or liens and possesses thc right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a mun/cipal corporation organized and existing under the laws of the State of New York and authorized under Section 64 of the New York Town Law and Section 247 of the Nexv York General Municipal La~v to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights, which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic, and open space values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its environmental, scenic, open space, and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Grantee's Warrant~ Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property, 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. 0.05 Documentation Grantee acknowledges by acceptance of this Easement that 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 resources and otherwise to aid in identifying and documenting the Property's open space values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terries hereof, Grantor has prepared, with Grantee's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). 2~fis Baseline Documentation includes, but need not be limited to, a Conservation Easement Map marked EXHIBIT A, an aerial photograph, photographs of the PropeWy, a topographical map, a description and site plan of existing land uses, features, and structures and an acknowledgment page signed by Grantor and Grantee which verifies that the Baseline Documentation report accurately represents the condition of the Property at the time of the easement. Grantor and Grantee acknowledge and agree that in the event a controversy atSses with respect to the nature and extent of the Grantor's 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 thc resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, underlakings, and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Conservation Easement (herein called the "Easement"). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" 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 This Easement shall mn with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and ali other individuals and entities. The word "Grantor" when used herein shaIl include all of those persons or 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 GRANT GRANTOR, for $400,000.00 and other good and valuable consideration hereby grants, releases, and conveys to Grantee 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. 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 No structures or non-agricultural improvements are permitted on the Property including, but not limited to residential, commercial, or industrial buildings, permanent or temporary, except as specifically allowed in Section 4.06. 3.02 Excavation and Removal of Materials~ Mining, The excavating or filling of the Property shall be prohibited without the prior written consent of Grantee, which shall not be withheld if the activity does not defeat or derogate from the purposes oftfiis Easement. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, uor shall the topography of the Property be changed cxcept to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, without the prior written consent of Grantee, which shall not bc x~ithheld if thc activity, structure, or improvemcnt does not defeat or derogate from the purposes of this Easement. 3.03 Subdivision The subdivision or partitioning of the Property shall be prohibited without the prior written consent of Grantee, which shall not be withheld if the subdivision or partition does not defeat or derogate fiom the purposes of this Easement. 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 shall bc probibited. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the name and address of the Grantor and/or Grantee, (b) to post the Property to control unauthorized entry or use, or (c) to announce Grantee's conservation easement. Signs shall not be more than six square feet in size and are subject to regulatory requirements of the Town of Southold. 3.06 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited; provided that this prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the US Department of Agriculture s National Resource Conservatmn Servme. 3.07 Landscanine Activities The cutting or harvesting of timber on the Property, and the clear/ng or removal of trees, shrubs, or other vegetation is prohibited, except for the following purposes: (a) to clear and restore forest cover that has been damaged or disturbed by forces of nature or human activity, (b) to prune and selectively thin trees to create limited vistas in accordance with good threst management practices aud the purposes of this Easement, as determined by the Grantor in its sole discretion, (c) to remove or restore trees, shrubs, or other vegetatioo x('hen dead, diseased, decayed, or damaged, and (d) to create and maintain the permitted structures and improvements. 3.08 Uses Non agricultural uses of tbe Property are prohibited, including but not limited to residential, commercial, commercial recreational, or industrial uses. The use of the Property shall be restricted to open land actually used in bona fide agricultural production 3.09 Drainage The use of the Properly for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited except to control flooding or soil erosion on the Property. 3.10 Development Rights The use of the acreage of this Property for purposes of calculaling Io~ xicld on any other Property shall be prohibited. Grantor hereby grants to Grantee ali existing dc} elopment rights (and any further development fights that may be created tl~rougb a rezoning o1'tbc Property) on the Property and the parties agree that such fights shall be terminated and extinguished and may not be used or transferrcd to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain ali 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 YorkState, or federal law. 4.04 Landscanine Activities Grantor shall have the right to continue the current 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, decayed or damaged. 4.05 Aericultural Activiti¢$ Grantor shall have the right to engage in all types of agricultural activity including the raising and cultivation of crops, livestock and livestock products as set forth in Chapter 25 of the Southold Town Code, Agricultural Lands Preservation, provided that such activity shall be conducted in accordance with the purposes of this Easement and subject to other restrictions set forth in this conservation easement (or deed of development rights), including but not limited to the restrictions set forth in Section 3.01 herein. The use of the Property shall be restricted to open land actually used in bona fide agricultural production. 4.06 Seructure~ Grantor shall have the right to erect and maintain the folloxving non-residential improvements on the Property that are necessary to and consistent with the agricultural uses as permitted in Section 4.05 hereof, with the prior written consent of Grantcc: (i) The existing barn and framed shed on the property may be renovated and/or rebuilt with a footprint not to exceed 150% of the original footprint. Any renovation and/or rebuild of said barn mad said shed, shall take place within the existing location of said structures, as noted on a survey dated July 5, 2002 and prepared by Peconic Surveyors. In no event shall the shed and/or the barn be relocated to a different site with out the prior written consent of Grantee (ii) Access drives, to provide access to the improvements pez~ittcd by this Section 4.06; andmust be permeable sufaces. (iii) Underground facilities used to snpply utilities, septic systems, lcach lg lields, irrigation systems, and wells, and control stm~m,.ater runoff from the improvements permitted under the tcm~s offthis Section 4(/6 (iv) Fences, if they are placed so that they do not block or detract from the scenic view, may be constructed but require the prior written approval of the Land Preservation Committee of the Town of Southold. 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 enviromnental, scenic, open space, and agricultural values which are the subject of this Easement. Such approval, disapproval or comments of Grantee shall he 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 re~naining interest in the Property but only subject to this Easement. Grantor shall promptly notify Gratuee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrmnent 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, mad shall incohoorate this Easement by reference, specifically setting for 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 Indenmffication 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 independenl contractors arising fi.om the physical maintenance or condition of the Property or from any taxes. levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.02 Third Part,/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 lhird panics arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine xvhether this Easement and tts 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 pemfit 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 Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the ProperS' 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 persons or to the Property resulting from such causes. &03 Enforcement Ri~ts 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, defauIt 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 forty five (45) days notice thereof by Grantee (which notice requirement is expressly ~vaived 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 Grm~tor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such broach, 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 (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 temps, 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 auy other breach, default or violation of any term, condition, covenant or obligation under this Easement. In the event that Grantee prevails in any legal proceeding brought under the provisions of this Section 6.03, Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by Grantee (herehi called "Legal Expenses") in cormection with aoy proceedings under this Section. 6.04 No Waiver Grantee's exercise of one remedy or relief under this ARTICkE 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 lilniting 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 tem~ "qualified organization" means a not-for-profit corporation, or a governmental unit or agency, which is qualified to receive such interests pursuant to Article 49 of the New York Environmental Conservation Law, and is a qualified organization within the meaning of the IRS Code, Section 170(h)(3), which is organized or operated primarily or substantially for one of the conservation purposes specified in Section 170(h)(4)(A) of the Code. Any assignntent by Grantee or a successor Grantee must require the Assignee or Assignee's successors to carry out the purposes of this Easement. The Assiguee and its successors and assigns shall have the same tight of assignment, subject to compliance with the provisions of this Section 6.05. 6.06 Succession If at any time Grantee or any Assignee is unable to enforce this Easement. or if'Grantee or any Assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section 170(h)(3), then this Easement shall be vested in such qualified corporation, body or agency as defined and upon the conditions contained in Section 6.05 as the Grantee shall designate. If, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of its rights and responsibilities under this Easement and all of its rights, title and interest in and to this Easement to a qualified organization, then the rights and responsibilities under this Easement shall become vested in another qualified orgmrization, in accordance with a cy pres proceeding brought in any court of competent jurisdiction. 6.07 Extineuishment This Easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.07, the fair market value of such right and interest shall be equal to the difference, as of the date hereof, betxveen 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 Proper~y unencumbered by this Easement, is hereinafter referred to as the "Proportionate Share"). In the event a material and potentially 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 by a judicial proceeding, Grantor shall pay to Grantee an amount equal to the Proportionale Share of the fair market value of the Property at such time. In the event of a sale by Grantor to an unrelated person subsequent to such extinguishment, or a transfer made on accoant of the exercise of the power of eminent domain, the sale price or condemnation award shah establish fair market value. Absent such a sale, the Property's fair market value shall be established by independent appraisal. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, or other,vise 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 m~d Grantee shalI 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 incun-ed by the par~ies 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. Grantee shall use such proceeds actually recovered by it in a manuer cousistent 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 ot~ any rights they may have by [aw with respect to a modification or termination of this Easement by reasou of changed conditim~s or the exercise of powers of eminent domain as aforesaid. 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. 7.02 Amendment This Easement can be terminated or modified in accordance with tile common and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement that are oot inconsistent with the purposes of this Easement set forth in the Introduction hereof; provided, hoxvever, that Grantee shall have no fight 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 sanle may be hereafter amended, any regulation issued pursuant thereto. 7.03 S everabiliW 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 that is detenmined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prcpaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to G-rantor'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 Town Attorney, 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 de]ive~3~ or the date of its mailing. 7.05 Governine Law New York Law applicable to deeds and conservation easements pertaialng to land located within New York shall govern this Easement in all respects, including vaIidity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Eascment 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 shalI 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 wltich 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. Any role of strlct construction designed to limit the breadth of the restrictions oil use of the Property ~hall 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 the parties. The parties intend that this Easement, which is by nature and character primarily oegativc 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 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, the right of the public to enter upon the Property without the express permission of Grantor. 7.08:,rqqarranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Alienation As set forth in Chapter 59 and Chapter 6 of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those Chapters shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall nm with the land in perpetuity. 10 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. ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST, INCORPORATED (Grantor) rin~y~ C au~}~ Vice President x,~ ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD (Grantee) ~q,o!hua Horton Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this ~[,~]day off't-in the year 2002 before me, the undersigned, personally appeared Timothy J. Caufield, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. JAMES C. MILLER Notary Public, State of New York No. 01MI6053516 Qualified in Suffolk County Commission Expires January 9, ~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this,~0 day of/~/in the year 2002 before me, the undersigned, personally appeared Joshua Horton, 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 ~cknowledged to me that he executed the same in his capacity, m~d that by his signature, on the instrument, the individual, or the person upon behalf of which the individual acted, executed the insmm~ent. JAMES C. MILLER Notary Public, State of New York No. 01MI6053516 Qualified in Suffolk County Commission Expires January 9, ~-~ Description of the Properly SCHEDULE A: District 1000 1000 1'000 1000 1000 1000 Secton 07400 07400 07400 07400 07400 07400 Tax Maps Block Lot School District 0400 004001 0400 004002 SOUTHOLD 0400 004003 SOUTHOLD 0400 004004 SOUTHOLD 0400 004005 SOUTHOLD 0400 004006 SOUTHOLD DoclD: I 02032250 - Sub Division Name The suffolk County Real Property Ta.x SerVice Agency does not in any manner guarantee the completeness or accuracy o f the information contained on this page Fidelity National Title Insurance Cgmpany of New York TITLE NO. 02-3704-4-3~-SUFF SCHEDULE A-I (Description) AMENDED 8/20/02 ALL that certain plot, piece or parcel of land, with buildings and improvements thereon erccted, situate, lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York, known and designated as Lots 1 to 6 inclusive, as shown on a certain map entitled, "Map of Nicholas Aliano," filed in the Suffolk County Clerk's Office on October 8, 1993 as Map No. 9417, bounded and described as follows: BEGINNING at a point on the southerly side of Middle Road C.R. 48 (North Road) distant 952.24 feet westerly as measured along the southerly side of Middle Road from the comer fom~ed by the intersection of the southerly side of Middle Road and the westerly side of Paul's Lane; RUNNING TItENCE South 21 degrees 41 minutes 20 seconds East 65.01 feet; THENCE Easterly along the am of a curve bearing to the left having a radius of 2989.79 feet a distance along said curve of 320.04 feet; THENCE South 29 degrees 36 minutes 20 seconds East 428.05 feet to the northerly side of Long Island Rail Road; T~tEENCE South 58 degrees 29 minutes 10 seconds West along the northerly side of Long Island Rail Road 930.00 feet; NCE North 40 degrees 15 minutes 00 seconds West 659.72 feet to the southerly side of Middle Road; THENCE North 68 degrees 18 minutes 40 seconds East along the southerly side of Middle Road 703.27 feet; THENCE Easterly still along the southerly side of Middle Road along the arc of a curve bearing to the left having a radius of 2924.79 feet a distance along said curve of 45.00 feet to the point or place of BEGINNING. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which ~l~olaW constitute real property. R CON VEYANCING ONL Y: Together with all the right, title and interest of the party ofthefirst part, of in and to the land lying in the street in front of and adjoining saM premises. SCHEDULE A - l (Description) DoclD: I 02032250 District 1000 1000 1'000 1000 1000 1000 Secton 07400 07400 07400 07400 07400 07400 Tax Maps Block Lot . School District 0400 004001 0400 004002 SOUTHOLD 0400 004003 'SOUTHOLD 0400 004004 SOUTHOLD 0400 004005 SOUTHOLD 0400 004006 SOUTHOLD Sub Division Name The Suffolk County Real Property Tax SerVice Agency does not in any manner guarantee the completeness or accuracy of the information contained on this page N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS Peconic Land Trust Incorporated is the owner of 12.2357 acres of active farmland and/or -0- acres of non-farmland, situated at Suffolk County Tax Map No. 1000-74-4.-4.1;, . 1000-74-4-4.2; 1000-74-4-4.3; 1000-74-4-44; 1000-74-4-4.5; and 1000-74-4-~.6 proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1. Pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, I hereby waive the right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent Jn accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor TOWN OF SOUTHOLD By: 4~s'hua Y. Horton, Supervisor 095 Route 25 Landowner PECONIC LAND TRUST INCORPORATED P.O. Box 1179 Southold, NY 11971-0959 (631)765-1889 By: 'l'in t C-a 'eld, Southampton, NY Vice President 11968 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On the~/d)day of August, 2002, before me personally appeared JOSHUA Y. HORTON, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. ,~; Public JAMES C. MILLER Notary Public, State of New York No. 01Mi6053516 Qualified in Suffolk County Commission Expires January 9, STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: On the day of August, 2002, before me personally appeared , personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as of PECONIC LAND TRUST INCORPORATED; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. Notary Public P R O P E R T Y R E C O R D S '":::l File "-,' 74.-4-4.11 473889 Soul:hold Act:ire P,/S:I School: Southold School Hubbard. Thomas: J Rc, llYeaf: 2007 Cu. Yl' Re:~ vac land Lar,,J,~,¥: 331 30800 CFI 48 Lend Size: 2.G5 acc'es ToIdAV: 331 Ownei ToLd, 1 Tasahle Value Xiscellaneous I"lame: Thomas J Hubbal'd County: 331 Book: 12207' ,~ddl Adflr. Muni 331 Page: 425 Street: SI Legget Rd School: 331 PO Bo:.:: Bard.:: City: Bionsvville. NY ~lg 10:r08- ._chi after Si:ar 331 Sale Total 2 Sil:e I of I Land I of 1 Bbok. Page Sa e Da e Sale P,iue O~.~ner prpcl~: lies '.,'ac land Type T ab e 12207 425 08/22/02 134.000 Hubbard. Thoml Nbhd Cd 0 FF: 0 12207 423 O~/OG/02 665~000 Peconic Lend T Sawe, Deplh: 0 ",A/a~er: ,Acie~: 16 8:3 U~ilifie~: ' Sqlt: 0 E~empl:'ion Total: 0 Term Ov.m Building Total: 0 Code Amoun[ "r'ea~ Pet Special Disl:~'iet To,al: 3 Value / . Improvement Total: 0 Cede IJnits Pc[ T!,~pe Move Tax Type Name D~ml Dim2 SOFT Yr Bull[ FD028 Soul:hold FD _00 .00 .00 SW011 SolidWe~:le .00 .00 .00 ''~ File ',hew T,:,,:,lb,~r Help 74.-4-4.2 473889 Southold Active P,/'S:I .~,-:t,,J,..,l Southold School Hubbard. Thomas J FlollYear: 2007 Curm Yr Res ,,,ac land L.~ed A"./': 250 30840 CR 48 Land Size: 1.98 acres T,:,t.~l A",/: 250 Owner Total: I Taxable Value Miscellaneou.t Name: ThomasJ Hubbard C¢,u~t,,,: 250 Eec4~ 12207 .a. ddl .,kddr: Muni 250 Page: 425 Street: 9 Le§§et Rd !-];,_:h,-,ui 250 M,-,rtg: P0 Box: £i!¥,: Bronxville. NY Zip,: 10708 S,JI ~itu :E.t~ 250 ~.,:;ct No: 10 Sale T,~t.~I: 2 Site I of 1 Land I of 1 Bo_,k Page '_:;.sly Da~e ?~.=le Price [~l,.....,t~ef F'rpuh: Res Yae land Type: Tillable 12207 425 08/22/02 134.880 tlebba~rd. I hc,~ Nbhd Ed 0 FF: 0 121157 62] 07/14/80 ! Ali,.'~no. Ma~qa~e Sel..,el Depth 0 ,...,.., .~ t ,=.¢ ,a.,: res: 16.83 I_ltililie:;: Sqft 0 Exemption Tot.~l: 0 T,=.rrn L-h,..,n Building Total: 8 E:ode Amount 'l"eal Pet Special District T tel: 3 V.~lue,." lap[ever'aent To(al: 0 Co,de I_lrlit:~; P,:( T:,,pe L.to,/e Tm:-: Type lt.~rne Dirt,1 Dim2 SOFT '/"r Built FD028 Southolcl FD ~;'w'Oll Solid ~a~te I .00 .00 O0 E,,:,ul-,le ,:lick b:, ,:,pen .~ ,. ~in~Jow File ',,'lev,, Toolb, at Help 74.-4-4 3 47388~ So~lbold Acd¥~ R?S:I School: Soutbold School Hubbard. Thom~ J Ro~lYear: 2007 ~ur~ Yr Re~ vac land L,~nd~V: 240 30880 CR 48 Land S~ze: 1.52 acres TotalAV: 240 Owne~ Total: I Taxable Value Miscellaneous N.ame: Thomas J Hubbard Coun~: 240 Book: 12207 Addl Add[: Muni: 240 ~age: 425 Skeet: ~ Legge~ Rd Schvut: 240 F'O ~ ,_,~:: WL~ge: 0 B ant:: E:i~,,,: B [on~ville. NY ~ip: 10708- S~hl after Sla~: 240 Acc~ N r,: Sale To~a[ 1 Site ] ol 1 Land 1 3uuk F'~ge Sale Date Sale F'f~,ze 0v,,n-[ Prpcb: Res vac land T~,pe: Tillable 1221J~ ~25 0~/22/B2 13~.gO~ th~bba[d. Thoma Hbhd Ed: 0 FF: 0 ':; e,.. ,~e~: Oep[h: ~ ~,'/a~er: Acres: U dlities: ~;qft 0 [xeaplion Total: ~ Term I-h,vn ~ uildi.] Total Coda Amuunt Year Pot ~pecial Dbliicl T,_,tal: 3 Value / Improvement Total: ~ Code Units P,_~ T~,pe Move Ta:.: rgpe Name Dim1 DJm~ $QFT 'er E',uiit Double ,:li,:k to ,:,peri a ,..vindov,,, 74 -4.-.4 4~ 47'3889 Soulhotd Active R/5:1 School Southold School Hubbard. lhoma~' J Floll'r'ear: 2007 Cui'r Yr Re:s vac land LandAU: 235 30520 CR 48 Land Sizo: 1.88 acres Total.'",V: 235 Owner Total: I Taxable Value Miscellaneous N~me Thoma~J Hubbard County' 235 Book: 12207 &.ddl .~.ddr t.4 u~i 235 Pege: 425 Sh~t 9 Logger Rd School: 235 Mortg PFt 5 n,'.' VIlage: 0 Benk: Cib, Bmn~ville. NY Zip 10708 ScM uM~ Slsr 235 ~ct Nu ~0 Sale Tyrol I Silo 1 ot 1 L~nd I of 1 9-:4 F:g~ S~le D~te S~tePrru~ O.,mer Prpcls: Res vac land Type: Tillable 12207 425 0~/22/02 ~ 34.000 tlubbard. Thom~ Nbhd Ed. O FF' 0 Sewe~ Dvpth. 0 Water: Acres: 16.83 Utilities Sq~t 0 Exemption ToMI. 0 Term Own Building Total 0 F,-,d~ An uunt "Fear Pct Special Pbt~ict Torah 3 Value / Improvement Total: 0 Eode Jnit~ Pct Type MoFe Tax fype Name Dim1 D~m2 SOFT 'r'~ Bu~l~ FB028 S euthold SW011 Solid W~ste '::'/ File ',..'ie,..', T,:,olb,.~r Help 24.-4-4 § 473889 Soutbol~ Active R.,'S:I School: south~M School Hubbard. Thomas J R_,II ~'ea 2007 CuFf Yr Re~ vac land Land~,,": 236 30960 CR 48 L.~rd ~e 1.8~ ~c~e~ TotalAV: 23~ Owner fohbl I Taxable ValUe Miscellaneous Name: Themas J Hubbard Cou,t~: 23G Boo~: 12207 Addh~ddr: Muni: 23~ Page: 425 Street: 9 Legget Rd School: 236 Mortg: F'O Box: Village: 8 E, sr h: Cib,: B~onxville. NY Zip: 10700 Schl after Sale Tot.s[ 1 Site 1 of 1 .La~d I o[ 1 B,:,ol~ F'~ge S.sle Date _ =1~ Pr,c~ Owner Prpcb: Res ~ac land Type: fillable 12207 425 08/22/02 134.000 Hubbard. T hom~ N b~d Cd: O FF: O ._, e~.,,er Depth: 0 'vCater: Acres: 1683 Jdlitie, ,- :.qf 0 [~emp/ion Total 0 Tern-, Own Building Total: 0 Code .5.mouht Year Special Bishict Tc, t.~l: 3 Value/ Improvement Tot31: 0 Code Uni(~: Pc( Type Meve Tax f?pe Name Dim1 Dim2 SQFT Ye E'.uilt FD028 Southold FD .00 .00 .00 5W011 Solid ~a~te I .00 00 00 click to ,:,pen a ,..'.,LF, dow 'll.~ File ',,'ie,...~ To,31b, si Help .:,~.huul Soulhold School Hubbaid. Thomas J R,:,ll~'ear: 2007 Cull Ym Res vac land LarldAV: 241 31000 CFi 48 Ldnd a~e, 1 93 acres To~al AV~ 241 Owner T,_-,(all 1 Taxable Va~ue I',~iscellaneous ~,ksn'le: Thomas d Hubbamd Ccmm. Smt?: 241 Book.: 12207 Addl Ad,dr: b.'B.smh 241 Page: 425 :, ukmoul 241 Cil,? B~onxville. NY Zip 10708- Sdml u~u~ Slur 241 A,sct No: 10 Sale Total: I Sile 1 of 1 Land 1 of 1 ~c,:,k Paqe Sale Date S~I~ Prts~ Ovvner Prp,z:ls: Res vac land Type: Tillable 12207 425 A~/22/02 134.~00 ~lubbard. T he~ N bhd Cd: 0 FF: 0 ':; uwur [) epth: 0 'water: Acres: 16.83 Utilities Sqft: 0 E~emption Total: 8 Term Clvvn Building Total: 0 Code ¢' Special District Tet81:3 Value / Improvement Tobsl: 0 Code Units Pc:t Type Move Tas Fype Name Dirnl Dim2 SQFT h'r Built FD028 Southold FD .OO .00 .OO SW011 Solid ~aste I _00 .00 O0 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR · P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 September 10, 2002 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. Frank Murphy c/o Century 21 P.O. Box 2 1146 Route 25 Jamesport, NY 11947 Re: Approved Major Subdivision of Nicholas Aliano Located in Peconic, bounded by the LIRR on the south, CR 48 on the north, 1307' west of Peconic Lane SCTM#1000-74-4-4.7 & 4.8 Zone: A-C Dear Mr. Murphy: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, September 9, 2002: The final public hearing was closed. The following resolution was adopted: WHEREAS, Agri-Business Child Development, a division of New York State Federation of Growers & Processors Association, Inc. (referred to as ABCD) are the owners of the property known and designated as "Grace's Place", located on County Route 48, 1307' west of Paul's Lane in Peconic; and WHEREAS, ABCD is the owner of the premises more fully described in the annexed Schedule "A" (hereinafter sometimes referred to as the "subject premises"), and has submitted an application to the Planning Board for the Town of Southold for site plan approval for a nursery school on the subject premises situated in the Town of Southold, County of Suffolk, State of New York, which property is further described on the Suffolk County Tax Map as District 1000-74-4-4.7 & 4.8; and WHEREAS, the subject premises are two lots of an eight lot subdivision previously approved by the Planning Board of the Town of Southold (hereinafter referred to as "the Aliano Subdivision"), all of which lots are subject to a Declaration of Covenants and Restrictions dated March 31, 1993 and recorded in the Suffolk County Clerk's Office on June 4, 1993 at liber 11631, page 638 (hereinafter referred to as the "Covenants and Restrictions"), which Covenants and Restrictions provide that there shall be one Aliano - Paqe Two - 9/10/02 common curb cut on County Road 48 as shown on the approved map for all eight lots with one common driveway for all eight lots twenty feet in width, as shown on the approved map to be maintained in equal proportions by all lot owners; and further that said Covenants and Restrictions can be modified only at the request of the then owner with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing on notice to adjoining property owners, whose consent to such modification shall not be required; and WHEREAS, the ABCD is the owner of lots 7 and 8 of the Aliano Subdivision and on August 22, 2002 the Town of Southold purchased the development rights to lots 1 through 6 of the Aliano Subdivision, known as Suffolk County Tax Map Nos. 1000-74-4- 4.1 through 4.6 and more fully described in the annexed Schedule "B"; and WHEREAS, the subject premises, lots 7 and 8 of the Aliano subdivision, have been merged into one lot; and WHEREAS, due to the sale of the development rights to the Town of Southold, lots 1 through 6 of the Aliano Subdivision have also merged under separate ownership from lots 7 & 8; and WHEREAS, in recognition of the aforesaid sale of development rights to the Town of Southold, the existing curb cut in the Aliano Subdivision shall be reserved solely for the use of lots 1 through 6, now merged into one lot, and that there now will be a separate curb cut solely for use of merged lots 7 & 8; and WHEREAS, ABCD as owner of merged lots 7 & 8 requests that the Covenants and Restrictions be so modified, conditioned upon the issuance of a curb cut permit from the Suffolk County Department of Public Works and all other required permits and further conditioned on ABCD receiving final site plan approval; and WHEREAS, ABCD for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that said subject premises described herein in the annexed Schedules "A" and "B" shall hereinafter and forever be subject to the following Covenants and Restrictions, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, as more fully set forth below and which constitute modifications to the Covenants and Restrictions dated March 31, 1993 and filed in the Suffolk County Clerk's Office on June 4, 1993 at liber 11631, page 638: 1) There shall be one curb cut on Route 48 for the exclusive use of previous lots 1 through 6 of the Aliano Subdivision, which have been merged into a single 12.25 acre agricultural parcel. There shall be a second curb cut on Route 48 for the exclusive use of previous lots 7 and 8 of the Aliano Subdivision, which lots were merged as required by the Aliano - Pa.qe Three - 9/10/02 Planning Board as part of the Site Plan approval for a proposed nursery school, a use previously approved by Special Permit of the Zoning Board of Appeals of the Town of Southold, Application No. 4969. 2) Other than as set forth in paragraph "1" herein, the common driveway shown on the approved Aliano Subdivision applicable to all lots shall be abandoned; there shall be a common driveway required only for lots 7 & 8 in a separate curb cut. 3) These Covenants and Restrictions can be modified only at the request of the then Owner of the premises with the approval of the majority plus one of the Southold Town Planning Board after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modifications shall not be required; and WHEREAS, as a condition of final approval of the Grace's Place Site Plan, these amended Declaration of Covenants and Restrictions must be recorded with the County Clerk's Office and the liber and page number of the recorded document must be noted on the final subdivision plan; be it therefore RESOLVED, that the Southold Town Planning Board approve the amended Declaration of COvenants and Restrictions and authorize the Chairman to endorse these modifications. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. /' Chairman Encl. CC: Gregory F. Yakaboski, Esq., Town Attorney Melissa Spiro, Land Preservation Coordinator Tim Caufield, Peconic Land Trust PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 5, 2002 Mr. Thomas Hubbard, Esq. Decker, Hubbard, Weldon & Sweeny 420 Lexington Ave Suite 626 New York, New York 10170 Re: Amended Declaration of Covenants and Restrictions Aliano Subdivision - Lots 7 & 8 SCTM# 1000-74-4.7 and 4.8 Dear Mr. Hubbard; As a result of changes in the Declaration of Covenants and Restrictions required for relocating the driveway and curb cut for a pending site plan application for a nursery school on adjacent lots 7 and 8, your review of the attached C & R's are necessary. While nothing in these amendments affects your property, all eight lots within the original subdivision were parties to the C & R's, and therefore, your consent to the modifications is requested. Attached is a statement of consent for you notarized signature. The Southold Town Planning Board is meeting to vote on these amendments on Monday, SePtember 9, 2002 at 6:00 p.m. and therefore your prompt reply is appreciated. Cc: G. Yakabowski, Town Attorney V. Scopaz, Town Planner M. Spii'o, Land Coordinator ,J V. L'Eplattenier, Senior Planner Very tmty yours, Bennett Orlowski Jr~ ~ Chairman STATEMENT OFCONSENT I, Thomas Hubbard, as owner of a 12.25 acre parcel, Tax Map number 1000-74-4-4.1 thru 4.6, formerly know as Lots 1-6 of the Aliano subdivision on Route #48 in Peconic, have reviewed the amended Declaration of Covenants and Restrictions dated September 4, 2002 and consent to the modifications as they pertain to Lots 7 & 8 of the original Aliano subdivision. Signed, Thomas Hubbard Sworn to before me this day of ,2002. Notary Public ( 11631Pg638 DECLARATION OF AND RESTRICTIONS THIS INDENTURE made this~5~ day of by NICHOLAS ALIANO residing at Ashley Lane, hereinafter called the Declarant. ~0 ~C'~4 , 1993, Shoreham, New York, WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate at Peconlc, Town of Southold, Suffolk County, New York, and designated on the Suffolk County Tax Map as District 1000, Section 74, Block 4, Lot 4.2 containing approximately 16.83 acres, being the same premises acquired by Declarant by deed dated April 5, 1973 and recorded in the Suffolk County Clerk's office on April 5, 1973 in Liber 7376 of deeds at page 571, and referred to herein as the "pr~mises" and WHEREAS, the Declarant intends to subdivide said premises for purposes and desires to subject said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, natural scenic beauty and natural vegetation and to prevent the overcrowding and to conserve the ground water resources of the Town of Southold, and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for approval to subdivide the 16.83 f acres into eight residential lots, NOW THEREFORE, the Declarants do hereby declare that the aforementioned said premises.and every portion thereof is hereb~ held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser ~0~[.FIF~-~ of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions hereinafter set forth. 1. There shall be one common curb cut on County Road 48, as shown on the approved map, for all lots. There shall be one common driveway for all lots. This common driveway shall be 20 feet in width, as shown on the approved map, and shall be maintained in equal proportions by all lot owners. These covenants and restrictions can be modified only at the request of the t~en owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such ~l.,i '-- o That all of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, his heirs, successors and assigns; any owner of any portion of the aforementioned premises, their heirs, successors and assigns and the Town of Southold and its successors or assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. The Declarant grants the continuing right in perpetuity.to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas or similiar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard same and to insure that such covenants, terms and provisions have not been violated. to The Declarant grants the continuing right in perpetuity to the Town of Southold or any of its.designated representatives to enforce the conditions and restrictions of the covenants as they relate to the open space, common area or nomenclature and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenauts. These rights of inspection shall be binding upon declarants, their heirs, executors, legal representatives, distri~utees, successors, assigns and transferees. STATE OF NEW YORK) Nicholas Aliano to me known to be the individual described herein and who executed the foregoing insturment and acknowledged that ~ted/ame. NOTARY PUBLIC ( 11631P 638 SCHEDULE A ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING AND BEING AT PECONIC, IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLKA DN STATE OF NEW YORK BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT SET IN THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (C.R.~7) WHRE THE DIVISION LINE BETWEEN THE LANDS HEREIN DESCRIBED AND LAND NOW OR FORMERLY OF J. P. KURPEK AND OTHERS (FORMERLY OF BAILEY) INTERSECTS THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (C.R.27); RUNNING THENCE SOUTH 35 DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG SAID LAST MENTIONED DIVISION LINE, 495.78 FEET TO A MONUMENT AND LAND OF THE LONG ISLAND RAILROAD COMPANY; THENCE SOUTH 58 DEGREES, 29 MINUTES, 10 SECONDS WEST ALONG sAID LAST MENTIONED LAND 1319.06 FEET TO LAND NOW OR FORMERLY OF BERTHA APPLEBY (FORMERLY KRUPSKI); THENCE NORTH 40 DEGREES, 15 MINUTES, 00 SECONDS WEST ALONG SAID LAST MENTIONED LAND 659.72 FEET TO THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (C.R. 27); THENCE ALONG THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (C.R. 27) THE FOLLOWING THREE COURSES AND DISTANCES: 1) NORTH 63 DEGREES, 18 MINUTES, 40 SECONDS EAST 703.27 FEET; 2) NORTHEASTERLY ALONG THE ARC OF A CURVE BEARING TO THE LEFT HAVING A RADIUS OF 2924.79 FEET A DISTRANCE OF 622.15 FEET; 3) NORTH 56 DEGREES, 07 MINUTES, 20 SECONDS EAST 76.53 FEET TO THE MONUMENT SET AT THE POINT OR PLACE OF BEGINNING. ( ( 116317 639 TERMINATION AND ABANDONMENT OF DECLARATION OF COVENANTS AND RESTRICTIONS THIS TERMINATION AND ABANDONMENT made by Nicholas Aliano residing at Ashley hereinafter called the Declarant. this ~ day o'f J~, 1993, Lane, Shoreham, New York, WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate at Peconic, Town of Southold, Suffolk County, New York, and designated on the Suffolk County Tax Map as District 1000, Section 74, Block 4, Lot 4.2 containing approximately 16.83 acres, being the same premises acquired by Declarant by'deed dated. April 5, 1973 and recorded in the Suffolk County Clerk's office on April 5, 1973 in Liber 7376 of deeds at page 571, and referred to herein as the "premises" and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for approval to subdivide the 16.83 acres into eight residential lots, O?~iii ~[~nt~ ~nt d°es hereby terminate and abandOn ' ts and Restrictions dated June 15, 1988, recorded in the Suffolk County Clerk's office on June 24, 1988 in Liber 10631 at page 185. IN WITNESS WHEREOF, this termination and abandonment has been executed the day and year first above written. STATE OF NEW YORK) COUNTY OF SUFFOLK) N FCNOLA$ ALIAN0 / On the ~}- day of JM~%~ , 1993, before me personally came Nicholas Aliano, to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed the same. ( ( 11631 i639 SCHEDULE A ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING AND BEING AT PECONIC, IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLKA DN STATE OF NEW YORK BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT SET IN THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (C.R.~7) WHRE THE DIVISION LINE BETWEEN THE LANDS HEREIN DESCRIBED AND LAND NOW OR FORMERLY OF J. P. KURPEK AND OTHERS (FORMERLY OF BAILEY) INTERSECTS THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (C.R.27); RUNNING THENCE SOUTH 35 DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG SAID LAST MENTIONED DIVISION LINE, 495.78 FEET TO A MONUMENT AND LAND OF THE LONG ISLAND RAILROAD COMPANY; THENCE SOUTH 58 DEGREES, 29 MINUTES, 10 SECONDS WEST ALONG SAID LAST MENTIONED LAND 1319.06 FEET TO LAND NOW OR FORMERLY OF BERTHA APPLEBY (FORMERLY KRUPSKI); THENCE NORTH 40 DEGREES, 15 MINUTES, 00 SECONDS WEST ALONG SAID LAST MENTIONED LAND 659.72 FEET TO THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (C.R. 27); THENCE ALONG THE SOUTHEASTERLY SIDE OF MIDDLE ROAD (C.R. 27) THE FOLLOWING THREE COURSES AND DISTANCES: 1) NORTH 63 DEGREES, 18 MINUTES, 40 SECONDS EAST 703.27 FEET; 2) NORTHEASTERLY ALONG THE ARC OF A CURVE BEARING TO THE LEFT HAVING A RADIUS OF 2924.79 FEET A DISTRANCE OF 622.15 FEET; 3) NORTH 56 DEGREES, 07 MINUTES, 20 SECONDS EAST 76.53 FEET TO THE MONUMENT SET AT THE POINT OR PLACE OF BEGINNING. A E R I A L S S U R V E Y LOT NUM~ERS ARE REFERENCED 7'0 · M/NOR SUBDIVISION" MADE FOR NICHOLAS ~LIAJ~O FILED IN THE SUFFOLK CO~ITY C~I. ERK'$ OFFICE ON OCT. $~ 1993 A'$MAP NO. ~t17 AREA = 532,988 #q ft. or 12,2357 ac. o 40 4 SURVEY OF Pt~OPERTY ii T PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y, 1000 - 74 - 04 - 4.1, 4.2, 4.3, 4.4, 4.$&4.6 SCALE: I" = 60' JUL Y, 5, 2002 CERTIFIED TO' PECONIC LAND TRUST~ INCORPORATED TOFN OF ~OUTHOL~ THOMAS ,I. HUBBARD FIDELITY NATIONAL TITLE INSURANCE COld'ANY OF NEI~ YORK FINAL SURVEY P.O.~ I~$0 .~OUTHOLD~ 11971 NO, 49618 765 - 1797 ~- " 02- 224