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HomeMy WebLinkAboutDam Pond 1999 22.-3-22.1 (Ruth Oliva Preserve) 1000-22-3-22.1 (f/k/a 1000-22-3-19; 20; 21; 22) Baseline Documentation Premises: te Rd #12 at Dam Pond East Marion, New York 21.64 acres Open Space Acquisition PECONIC LAND TRUST, INCORPORATED to COUNTY OF SUFFOLK and TOWN OF SOUTHOLD Deed dated November 17, 1999 Recorded December 1, 1999 Suffolk County Clerk - Liber 12004, Page 379 SCTM #: 1000-22-3-22.1 (formerly known as lots SCTM #1000-22-3-19; 20; 21; 22) Premises: 11815 Private Rd #12 at Dam Pond Hamlet: East Marion Purchase Price: Funding: $900,000.00 50/50 split with County of Suffolk $450,000; Open Space Acquisitions $450,000 Total Parcel Acreage: 21.64 acres SCTM #1000-22-3-19 = 4.92 acres SCTM #1000-22-3-20 = 4.48 acres SCTM #1000-22-3-21 = 5.57 acres SCTM #1000-22-3-22 = 6.67 acres Zoned: R-80 Existing Improvements: In 1999 - none vacant land, traveled dirt road, tidal wetlands LAND DESCRIPTION The land appraised consists of four Tax Map Parcels which are identified by their lot numbers and described as follows: TAX PARCEL #19 This is a nearly trapezoidal shaped parcel of vacant land with no road frontage. It has an average width of 386+ feet and an average depth of 667_+ feet. This parcel contains in total area 4.915+ acres. The property is mostly level and covered with Iow brush. It has a view of Dam Pond at its southeasterly corner. Access to this property is via a deeded right of way crossing the abutting property to the south and ending on the northerly side of Main Road. TAX PARCEL #2O This is a nearly trapezoidal shaped parcel of vacant land with no road frontage. Its southerly border has 300+ feet of frontage along a southwesterly section of Dam Pond. It has an average width of 310+ feet, an average depth of 700-+ feet and contains in total area 4.578-+ acres. The property is mostly level and covered with Iow brush. Access to this property is via a deeded right of way crossing the abutting properties to the west and to the south and ending on the northerly side of Main Road. TAX PARCEL #21 This is a nearly trapezoidal shaped parcel of vacant land with no road frontage. Its southerly border has 368+ feet of frontage along a southwesterly section of Dam Pond. it has an average width of 369+ feet, an average depth of 689+ feet and contains in total area approximately 5.393-+ acres. The property is mostly level and covered with Iow brush. Access to this property is via a deeded right of way crossing the abutting properties to the west and to the south and ending on the northerly side of Main Road. TAX PARCEL #22 This is an irregular shaped parcel of vacant land with no road frontage. This parcel is a peninsula that extends into Dam Pond from the west. Its has 1,610+ feet of frontage along Dam Pond and contains in total area approximately 6.042+ acres. The property is mostly level and covered with Iow brush. Access to this property is via a deeded right of way crossing the abutting properties to the west and to the south and ending on the northerly side of Main Road. The above dimensions and sizes were taken from the subject deeds and from the Suffolk County Tax Map. Each of the subject parcels has access via a 10 foot wide, deeded right of way over property to the south (Tax Map #1000-31-5-1.2) and ending at the northerly side of Main Road. This property contains an unmapped area of freshwater wetlands which would have to be traversed in order to access the subject parcels. Our research with the Town of Southold planning department indicates that in order to cross this wetland area, the construction of a substantial bridge would be necessary. Estimates provided by local engineers place the cost of a timber bridge consistent with the traffic and weight load requirements for sustaining the transportation needs of this community at approximately $100,000.00. LAND IMPROVEMENTS The subject parcels are vacant land in an essentially natural state. P R 0 P E R T Y V I S U A L S Tax Map Location "/ 24 PHOTOGRAPHS OF SUBJECT VIEW OF SUBJECT - FACING NORTHWESTERLY FACING SOUTHERLY SHOWING R.O.W. given associates 22 PHOTOGRAPHS OF SUBJECT VIEW OF FRONTAGE ALONG DAM POND - FACING EASTERLY VIEW OF WETLAND AREA given associates 23 E N V I R O N M E N T A L S U M M A R Y Advanced Cleanup Technologies, Inc, ENVIRONMENTAL CONSULTANTS -0 PHASE I ENVIRONMENTAL SITE ASSESSMENT Dam Pond, East Marion Town of Southold, New York Tax Map #: 1000-022-003-019, 020, 021 & 022 October 25, 1999 ACT File #: 1820-SCNY Prepared for: Mr. Tim Caufield Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton, New York 11969 117 Verdi Street Farmingdale, New York 11735 Tel: 516/293-4992 Fax: 516/293-4986 103 East Water Street, Suite 204 Syracuse, New York 13202 Tel: 315/47%9720 Fax: 315/471-9727 6.0 CONCLUSIONS There are no Recognized Environmental Conditions present at the site or its immediate vicinity which could adversely impact upon its environmental quality. No releases of chemicals were noted during the site inspection, nor were any documented releases identified in records maintained by any public agencies having jurisdiction over the subject property. After visually inspecting the property and surrounding land, it is also our opinion that this property will not be impacted by releases of chemicals in the foreseeable future. Based on the findings described above, ACT concludes that the Phase I Environmental Site Assessment of the property has revealed no substantial evidence of material contamination of the property (within the scope of this assessment) and no further assessment work is necessary in order to evaluate the environmental condition of the property. 7.0 EXCLUSIONS AND DISCLAIMER The purpose of this investigation was to assess the potential environmental liabilities at the subject site with respect to data which Advanced Cleanup Technologies, Inc. has accumulated during the Phase I Environmental Site Assessment. The conclusions presented in this report are based solely on the observations of the site at the time of the investigation. Data provided, including information provided by others, was utilized in assessing the site conditions. The accuracy of this report is subject to the accuracy of the information provided. Advanced Cleanup Technologies, Inc. is not responsible for areas not seen or information not collected. This report is given without a warranty or guarantee of any kind, expressed or implied. Advanced Cleanup Technologies, Inc. assumes no responsibility for losses associated with the use of this report. 10 lqast Marl - Dwm ORIENT H~IRBOR GA RDINERS ORIENT D From USG 7 5 Minute Topographic Map Of Orient, New York Quadrangle Figure 1 Locational Di_agra_m _ JobNo. I$20-EMNY I Date: 17/21/99 Dwg No.1820-01 ~ Scale: 1"=2~000' ~ AEP~ BDcT. Robmsm~ Dtaxvn_By: W: Sisco Advanced Cleanup Technologies 1 1 1 1 SITE z~i/ / '~* ~- N '~ From 8~o~ Co~W DPW Water Table Map Figure 2 Regional Ground Water Flow JobNo. 1820-EMNY ] Date~ 10/21/9~9 Dwg. No. 1820-02 ~ Scale: 1"=2,000' Dra~xqa _By: W. Siseo [Appt. By: T. Robinson Advanced Cleanup Technologies From Suflb[k County Soil Survey Beach Dam 0 R I E H A R B Figure 3 _ Soil Survey Job No. 1820-EMNY Date: 10/21/99 ~g. No. 1820-03 Scale: 1"=~2.~000' Drawn By: W. Si~sco Appr. By: T. Robinson Advanced Cleanup Technologies Photograph 1: Northern Portion of Lot 19 Lookdng South Photograph 2: Central Portion of Lot 19 Looking West Photograph 3: Central Portion of Lot 19 Looking East Photograph 4: Southern Portion of Lot 19 Looking North Photograph 5: Northeast Portion of Lot 20 Looking South Photograph 6: Central Portion of Lot 20 Looking East Photograph 7: Central Portion of Lot 20 Looking North Photograph 8: Southern Portion of Lot 20 Looking North Photograph 9: Northern Portion of Lot 21 Looking South Photograph 10: Central Portion of Lot 21 Looking East Photograph 11: Central Portion of Lot 21 Looking West Photograph 12: Southern Portion of Lot 2t Looking Nor"th Photograph 13: Northern Portion of Lot 22 Looking South Photograph 14: Central Portion of Lot 22 Looking West Photograph t 5: Ce~tral Portion of Lot 22 Looking East Photograph 16: Southern Portion of Lot 22 Looking North Long Island Sound Vacant Undeveloped Land Dam Pond Dam Pond Property 1000-22-3-19, 20, 21, 22 Lot 19 Lot 20 Lot 21 Lot 22 Dam Pond Vacant Undeveloped Land Residential Properties N Route 25 Figure 4 Site Diagram T Date: 10/22/99 Job No. I S20-SCNY ~ Stole: NTS Drawh~g No. I820-04 ~ ~ 'Approved By: pa~l Stoa'art ~: William K. Sisco ~ Advanced Cleanuf Technolofi'iesI Inc. · Dam Toxics Targeting 1 Mile Radius Map Dam Pond East Marion, NY 11939 Suffolk County NPL/CERCLIS/NYSDEC inactive E~3 Hazardous Disposal Waste Site Hazardous Waste Treater, ] Storer, Disposer Hazardous Substance Solid Waste (~ Waste Disposal Site (~ Facility ~) Major Oil Storage Facility Site Location ~ Waterbody Minor Roads Major ~ -- County Roads Border Expressways , · Railroad Tracks 1Mile ---. 1/2 Mile Radius Radius 1/4Mile -- -- 1/8 Mile Radius Radius P U B L I C H E A R I N G ELIZABETtI A. NEVILLE TOWN CLERK REGISTR-~kR OF VITAL STATISTICS .'vlARRIAGE OFFICER RECOf~DS M-42qAOEMENT OFFICER FREEDOM OF IiNY~OI~V~ATION OFFICER To~wn HaLl, 53095 3,{ain Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON SEPTEMBER lq. 1999: RESOLVED that the Town Board of the Town of Southold hereby sets 5:05p.m., Tuesday, September, 28, 1999, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing on the question of the acquisition of certain parcels of property l~om the Pecenic Land Trust for Open Space preservation puepo~es. The property is located north of State Road Route 25 in East Marion, New York and abuts the westerly side of Dam Pond The parcels are known as SCTM# 1000-2~3-19, SCTM# 1000-22-3-20, SCTM# 1&00-22-3-21 and SCTM# 1000-22-3-22 and comprises a total of approximately 26 acres The total purchase price is $ 900,000 (Nine Hundred Thousand Dollars) Southold Town Clerk September lq, 1999 LEGAL NOTICE NOTICE OF PUBLIC HEARIN NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 59, Open Space Preservation, of the Southold Town Code, the Town Board of the Town of Southold will hold a public hearing on the 28th day of September, at 5:05 P.M., at the Southold Town Hall, 53095 Main Road, Southold, New York, on the question of the acquisition of certain parcels of property from the Peconic Land Trust for Open Space preservation purposes. The property is located north of State Road Route 25 in East Marion, New York and abuts the westerly side of Dam Pond. The parcels are known as SCTM # 1000-22-3-19, SCTM # 1000-22-3-20, SCTM # 1000-22-3-21 and SCTM # 1000-22-3-22 and comprises a total of approximately 26 acres. The total purchase price is $900,00.00. FURTHER NOTICE IS HEREBY GIVEN that the file containing a more detailed description of the aforementioned parcel is available in the Southold Tow. n Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested persons during normal business hours. DATED: September 1~, 1999 BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE $OUTHOLD TOWN cLERK PLEASE PUBLISH ON SEPTEMBER 23, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Member Town Attorney Town Clerk's Bulletin Board Peconic Land Trust PUBLIC HEARING SOUTHOLD TOWN BOARD SEPTEMBER 28, 1998 5:05 ON THE ACQUISITION OF CERTAIN PARCELS OF PROPERTY LOCATED NORTH OF STATE ROAD ROUTE 25 IN EAST MARION FROM THE pi:CONIC LAND TRUST . Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Justice Louisa P. Evans Councilman William D. Moore Coun~;ilman John M- Romanelli Councilman Brian G. Murphy Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski SUPERVISOR COCHRAN: Murphy. The second hearing will be read by Councilman COUNCILMAN MURPHY: "Notice is hereby given that pursuant to the provisions of Chapter 59, Open Space Preservation, of the Southold Town Code, the Town Board of the Town of Southold will hold a public hearing on the 28th day of September, at 5:05 P.M., at the Southold Town Hall, 53095 Main Road, Southold, New York, on the question of the acquisition of certain parcels of property from the Peconic Land Trust for Open Space preservation purposes. Th~ property is located north of State Road Route 25 in' East Marion, New York and abuts the westerly side of Dam Pond. The parcels are known as $CTM ~1000-22-3-19, SCTM #1000-22-3-20, SCTM #1000-22-3-21 and SCTM #1000-22-3-22 and comprises a total of approximately 26 acres. The total purchase price is $900,000. Further notice is hereby given that the file containing a more detailed description of the the aforementioned parcel is available in the Southold Town Clerk's Office, Southo[d Town Hall, 53095 Main Road, Southold, New York, and may be examined by an interested persons during normal business hours. Dated: September 1L~, 1999. By order of the Southold Town Board. Elizabeth A. Neville, Southold Town Clerk." I have an affidavit that it was published on Bulletin Board of the Town Clerk, and also published in the Suffolk Times. There is no other correspondence in the file. SUPERVISOR COCHRAN: Thank you, Brian. You have heard the reading of the proposition to purchase what we all commonly call Dam Pond. It is an absolutely beautiful pristine piece of property. At this time if there is anyone in the audience that would like to address the Board pro or con on this acquisition, please feel free. Tim Caufield from the Peconic Land Trust, I will call on first. TIMOTHY CAUFIELD: Good afternoon. My name is Timothy Caufield. I work presently with the Peconic Land Trust. I am here today in strong support of this acquisition. I am here on behalf of the Peconic Land Trust, and 'also on behalf of the Town. I have been working for the Town in trying to acquire an important parcel such as this. I thought it might be helpful. The Town Board is well aware of our efforts to preserve thls property, these four properties. I thought it might be helpful though to give a little bit more description reading into the record and for the general public. This conservation effort involves the acquisition and preservation of approximately 21.3 acres of waterfront land in Dam Pond area of the North Fork of, Eastern Long Island. The acquisition of four separate parcels is part of a larger public private conservation effort through which nearly seventy acres of land immediately adjacent to the subject parcel have already been protected with private conservation tools. Dam Pond is located on the north side of Route 25 between the hamlets of East Marion and Orient. The parcel includes woodland, meadow, substantial title in some freshwater wetlands. The subject parcel itself was once farmed, and the fields are now in stage one growth. Over one half of the land comes to a peninsula extending into Dam Pon~l, a l~rge crutch between trees, beach and barYier beach along Long Island 5]ound, and the Orient Causeway separating Orient Park. It is highly visible from the Causeway. It is a critical pact of the unspoiled view from the Pond and shoreline to the west. The Town of Sou~thold has put this for many years as one of it's highest pti&titles in it's open space plan. In addition, this parcel is listed with the New York State Conservation Plan as a priority parcel in of the Pine Barrens Maritime Reserve, and the Peconic Bay Preserve. A few other quick comments that I thought would be worth mentioning. There is a charitable gift component to this acquisition. The project is structured where the Peconic La~d' Trust is acquiring three of the four lots at full market value. The landowners are donating the fourth lot in trust~. We will in turn reconvey all four lots to the Town, thereby giving that contribution value directly to the 'Town. We have had two appraisals of the property, one a number of years ago, and one more recently. Both of them established the market value as well (tape change) So, time is of the essence. While we do have'partnership efforts under way we can assist the town in ful3ding the pt'opert¥. The County has already passed their resolution- (unintelligible) We do need the Town to take the lead on this. SUPERVISOR COCHRAN: Thank you, Tim, and it has passed the County Legislature, and it is on Gaffney's desk right now to sign it. Ruth? RUTH OLIVA: Ruth Oliva, Orient. This piece is really, I mean the whole piece is really a jewel of Southold. It just shows that perseverance sometimes pays off. I think we started trying to acquire this piece from the NFEC twenty years ago. So, I hope it will come to fruition and I just want to thank the Town, and certainly all the work that Land Trust has put into it. It really has been remarkable~ and I hope you will pass this as. quickly as possible. Thank you. pg 3 - PH '-~ --' SUPERVISOR COCHRAN: Thank you, Ruth. Anyone else like to address the Town Board? Frank? FRANK CARLIN: Frank Carlin, Laurel. I don't have much to say, but to me when you are heading up to $900,000, that is 3~,000 an acre. It is a lot of money- Now, are we paying directly for this from the Town, or are we getting funding from the County, the State, or whatever. SUPERVISOR COCHRAN: County Legislature passed a resolution that we will go into partnership for them for fifty percent, so that is $~50,000. Also, we submitted a grant to New York State. It was Bernadette Castro, Parks Recreation for the Sta{e, and we are hoping to match again, $/~50,000. If we are lucky, but I am not even going to go there. At this point what it is going to cost us from our bond money will be $~50,000 and the County $450~000, and we are hopeful that the State will come on board also as a partner. We are supposed to, from what I hear, we are supposed to know the results of those grants in mid-October. So, until then we don't know .where the State sits, Frank. FRANK CARLIN: This portion of us will be funded by a bond? SUPERVISOR COCHRAN: The bond we passed already- FRANK CARLIN: It adds to the $10,000,000 bond we are already in deficit for now, right? SUPERVISOR COCHRAN: That is part of it- FRANK CARLIN: Part of it. We keep adding to the deficit- We are already $10,000,000 bond that we.. SUPERVISOR COCHRAN: The voters choose to go that way, yes. Anyone else like to address the Town Beard? CHARLOTTE HANSEN: My name is Charlotte Hansen. I am a resident of Orient. I am also on the Board for Peconic Trust. It is probably unseemly for me to say what an extraordinary piece of property this' is. I live very close to it. But, having had the privilege of looking at ~t for four or five years now, the pristine beauty is, as Supervisor Cochran, is almost irreplaceable- It is certainly is different than any other aspect of homes in Southold Town are able to see, and I urge you to take this opportunity. SUPERVISOR COCHRAN: Thank you, Charlotte. FREDDIE WACHSBERGER: Freddie Wachsberger, Orient; A few years ago we were asked to do an exercise, people in Southold Town generally I think it was, but I know at least in Orient to do an exercise in establishing what we consider our sacred places. I think that the overwhelming vote amongst all of those that people came up with, the majority went to the view from the Causeway, as one of the sacred places in the town, not just for residents, but also for tourists, because of course that site is extremely visible from the road, and really defines the experience of people coming into Southold Town. f think that when we voted to pass the Land Preservation Bond ~t is preservation of pieces like pc:J L~ - PH '~ .... that, that most of us had in mind. So, I heartily support the voting to purchase this. Thanks. SUPERVISOR COCHRAN: Thank you, Freddie. Yes, ma'am? PAT GOUZALIAS: My name is Pat Gouzalias, and I live in Mattituck. Everybody that has spoken in favor of this seems to be far enough out on the east end so that they see it every day. I would like to add that the rest of us care about this property as well, and we figure that everybody in Southold Town thinks it is of paramount importance, that this be acquired, and other places like it, where they identify it. SUPERVISOR COCHRAN: Anyone else like to address the Town Board pro or con in relation to the purchase of the Property known as Dam Pond? BOB JENKINS: Bob Jenkins~ Cutchogue. I would commend the Town Board on making this purchase. I think it is an excellent purchase, and I would behoove them to make further purchases of property that you don~t want developed, such as farmland, limi[ed business properties, other things like that. SUPERVISOR COCHRAN: Thank you for your input, Bob. Anyone else like to address the Town Board? (No response.) If not, I will close the hearing. th A. NeVille Southold Town Clerk S E i R E S 0 L U T I 0 N ELIZABETH A. NEV~I.LE TOWN CLERK REGISTRAR OF VITAL STATISTICS MAILRIAGE OFPICEiR RECORDS MAiN'A.GEMENT OFFICER FREEDOM OF IiN~OKMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON SEPTEMBER 28. 1999: RESOLVED by the Town Board of the Town of Southo[d that the Town Board declares the purchase of certain parcels of property from the Peconlc Land Trust for Open Space preservation purposes identified by SCTM #1000-22-3-19; SCT1V~ 1000-22-3-20; SCTM~ 1000-22-3-21; SCTM# 1000-22-3-22 an Unlisted Action under the SEQRA Rules and Regulations, 6 NYCRR 617.1 et. seq.; be it fumher RESOLVED that the Town of Southold is the single involved agency and thereby is lead agency for SEQRA purposes pursuant to 6 NYCRR 617. I et. seq.; be it further RESOLVED that the Town of Southold, as lead agency for this project, initiates an uncoordinated review for SEQRA purposes; be it further RESOLVED that the Town of Southold, upon review of the Short Environmental Assessment Form prepared for this project, makes the determination of significance for this project to be that there will be no significant adverse impact on the environment and thereby issues a negative declaration pursuant to the SEQRA Rules and Regulations, 6 NYCRR 617.1 et. seq. Southold Town Clerk September 28, 1999 ELIZABETH A. NEVILLE TOWN CLERK REGISTtL~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS M-4NAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON AUGUST 3, 1999: WHEREAS, the Town Board of the Town of Southold is planning to acquire real property adjacent to Dam Pond consisting of a 5 parcels of approximately 35.6 acres, SCTM#1000-22-3-19; 1000-22-3-20; 1000-22-3-21; 1000-22-3-22; and 1000- 31-$-1.2; be it RESOLVED that the Town Board of Southold declares this to be an Unlisted Action under the SEQRA rules and regulations, 6 NYCRR 617.1 et. seq.; be it further, RESOLVED that the Town of Southold is the lead agency pursuant to the instructions for the grant application under the Environmental Protection Act of 1993 and the Clean Water/Clean Air Bond Act of 1996 as the New York Office of Parks and Recreation and Historic Preservation is at this time, the only other involved agency for SEQRA purposes pursuant to 6 NYCRR 617.6(b)(1); be it further, RESOLVED that the Town of Southold, upon completion and review of the Short Environmental Assessment Form prepared for this project, makes the determination of significance for this project to be that there will be no significant adverse impact on the environment and thereby issues a negative declaration pursuant to the SEQRA rules and regulations, 6 NYCRR 617.7 et. seq. RESOLVED that the Town Board of Southold hereby authorizes and directs Supervisor Cochran to execute all necessary documents related to a grant application under the Environmental Protection Act of 1993 and/or the Clean Water/Clean Air Bond Act of 1996 for the acquisition of I parcel of approximately 31.7 acres of land located adjacent to Dam Pond, SCTM#1000-22-3-19; 1000-22-3- 20; 1000-22-3-21; 1000-22-3-22; and 1000-31~5-1.2; ~ · ~ Southold Town Clerk August 3. 1999 [PROJECTL~.NUMBER 61720 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 1. APPLICANT/SPONSOR Town of Southold PROJECT LOCATION: Municipality $outhoId I2. PROJECT NAME Dam Pond Property Acquisition Suffolk 4. PRECISE LOC:AT[ON [Street address and road Inlersecltons, promlnenl lAndman'ks, elc.,.o[ pro'Ada map) SCTM#1000-22-3-19; SCTM#1000-22-3-20; SCTM#1000~22-3-2I; SCTM#1000-22-3-22 5. IS PROPOSED ACTION: 6. DESCRIBE PROJECT BRIEFLy; Acquire approximately 26 acres for open space preservation purposes. 8. ~&qLL PROPOSED ACTION COMPLY Wn'H EX~STING ZONING OR OTHER EXiStING LAND USE RESTRfCTIONS? r'-~Yea [] No II NO, describe brlelly e WHAT IS PRE~E~r LA~D USE IN~qclNrl~f OF PROJECT'/ [] fleaklontlal I--I Industrial [~ Comrner¢laJ Describe:, [--}AgHcullure [] Park~esUOpen space [] Other 10. OOES AG'eoN INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, Sl'AI~ OR t.OC~4? [] Yes [] No Il' yes, IleL agency(s) and pemllUapprovals 11. DOES ANY A~PECI' OF.I~E ACTION HAVE A CUflR~T[.y VALID PERMn' OR APPROVAL? 12. AS A REVOLT OF= PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL nEaumE I CERTIFY THAT THE INFORMATION PROVIDED AeOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appllcanff, pollsor $~a~e: Town of Southold o,~.: $lg,~lure: If the action Is In the Coastal Area. and you are a state agency, complete the Coaslal Assessment Form before proceeding with thls.assessmenl OVER 1 PART II--ENVIRONMENTAL A.c"ESSMENT (To be completed by Agency) D. WILl. THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CALISED THE ESTABLISHMENT OF A CEA? [] Yes [] No E. I$ THERE, OR I,~ THERE UKELY TO GE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVLRONMENTAL IMPACTS? [] Yes [] No If Yes, eKiptain briefly Acquisition of this property will have beneficial environmental impacts as it is for the purpose of land preservation. PART Ill--DETERMINATION OF SIGNIFICANCE [-i'o be completed by Agency) INSTRUCTIONS: For each adverse eflecl identified above, determine whelher it is substantial, targa, important or othe~vise signiticanL Each ef~eCl ~hould be assessed in conne~tion with Its Ia) setting (i.e. u~ban (3~ rurall; SI probability o! occurring; lc) duration; lizevers~lllly;, (e) geographic $oope; and (q magnitude. If flecess~P/, add attachments or fefemflce seppoding materials. Easure that explanatloPs contain sufficient detail to show Ihat ell relevant adverse impacts have been ideatilied and adequately addressed. If question D of Part II was checked yes, Ihs detefrnination and slgnllicance must evaluate the potential impact ol the proposed action oft the envlrorlmental g:haracterlstle$ of the CEA. [] Check this box if you have Identified one or more potenti=lly large or significaAI adverse impacts which MAY' occur. Then proceed direCtly to the FULl- FAF and/or prepare a positive declaration. [] Check this box If you have determined, based on the information and analysis above and any supporting document=lion, Ihat the proposed action WILL NOT result irs any signiticanl adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: ..,~-~.,) C~c_.~,_.w.-~.~ Town of Southold Jean W. Cochran~ . Suoervisor 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 STATLSTICS MAP, RIAGE OFFICER RECORDS lkfANAGENiENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 76~-6145 Telephone (516) 765-1800 OFFICE OF TI{E TOVfN CLERK TOVfN OF SOUTHOLD THIs IS To CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD 'TOWN BOARD HELD ON SEPTEMBER 28. 1999: WHEREAS the Pecunic Land Trust has offered to sell four parcels of property known as the Dam Pond property to the Town of Southold under the Open Space program for land preservation; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the acquisition of the Dam Property property on the 28a day of September, 1999 pursuant to the provisions of the Chapter 59, Open Space Preservation of the Town Code of the Town of Southold, at which time all interested persons were given an opportunity to be heard; and WEHREAS, the Town Board deems it in the public interest that the Town of Southold acquire the Dam Pond property; now therefore be it RESOLVED, by the Town Board of the Town of Southold elects to purchase the Dam Pond property, consisting of four parcels for $900,000 (Nme HUndred Thousand Dollars) described as follows: Suffolk County Tax Map No: 1000-22-3-19; I000-22-3-20; I000.22-3-21; 1000. 22-3-22, comprising approximately 20 acres, located north of Route 25, East Marion, New York at a total cost of $900,000; and be it further REsoLVED by the Towa BOard of the Town of Southold hereby authorizes Supervisor lean W. Cochran to execute a~y and all required documents required for the acquisition of the aforesaid property Southold Town Clerk September 28. 1999 C 0 U N T Y R E S 0 L U T I 0 N OFFICE Of THE COUNTY LEGISLATURE COUNTY OF SUFFOLK HENRY L. BARTON, JR. CLERK JACQUELINE P. FARRELL ILONA G. JULIUS September 29, 1999 Hon. Jean W. Cochran Southold Town Hall Box 1179 Southold, NY 11971 Dear Supervisor Cochra~ Enclosed please find a cc County Legislature on Se of Res. Nos. 958 of 1999, which was adopted by the Suffolk )tember 14, 1999. If you have any questions, please do not hesitate to contact me at 852-1700. F/LB:mb Eric. Ve.ry truly yours, ~n, Jr. Clerk MAILING ADDRESS p~). BOX 6100 Intro. Res. No. 1808-99 Laid on the Table 8/10/99 Introduced by Legislator Caracciolo RESOLUTION NO. ~]--~'-1999, APPROVING SOUTHOLD TOWN ACQUISITION UNDER SUFFOLK COUNTY LAND PRESERVATION PARTNERSHIP PROGRAM WHEREAS, Resolution No. 751-1997 established the Land Preservation Partner- ship Program with Suffolk County towns, subject to receipt by the County Executive of a Town Board resolution which represents that the property is eligible for acquisition under the County Drinking Water protection Program, the Open Space Program, the Farmland Development Rights Program, watershed and/or estuary protection, orparklands; authorizes acquisition of fee title, or a lesser interest therein, to be held by the County of Suffolk; appropriates funds for the acquisition in the amount of fifty-percent (50%) of the total cost of acquisition, including, but not limited to survey, appraisal, environmental audit, title insurance, tax adjustment and taxes prior to exemption and recommends management and use of the property in accordance with existing or new County land preservation and management categories, as listed in that Resolu- tion; and WHEREAS, the Town of Southold has approved such a plan on August 3, 1999; and WHEREAS, Resolution 1092-1997 appropriated the proceeds of $5 Million in County Serial Bonds subject to County Legislature approval of specific acquisitions; now, there- fore, be it RESOLVED, that the County of Suffolk hereby approves the list of parcels set forth in Exhibit "A" attached hereto and made a part hereof for acquisition in the Town of Southold under the Land Preservation Partnership Program pursuant to Resolutions Nos. 751-1'997 and 1092-1997. DATED: ~.~ County Executive of the'Coun~of Suffolk Date of Approval: '~'~ c:[c~ SUFFOLK COUNTY County I.~blature RIVERItEAD, NY This is to certify that 1, HENRY L. BARTON, JR., Clerk of~he County Legislature of the County of Suffolk, have compared the foregoing copy of resolution with the orisjunl resolution now on file in'this office, and which wasduly adopted bythe County Legislature of said Countyon September 14, 1999, and Ihat the ~une is a ~rue and correct transcript of said resolution and of the whole ~hereo~ IN WITNESS ~OF, I have he, torito set my hand and official seal oflfle County Legislature of the Comity of.Suff, pll~ EXHIBIT TO RESOLUTION APPROVING SOUTHOLD ACQUISITION UNDER SUFFOLK COUNTY LAND PRESERVATION PARTNERSHIP PROGRAM PARCEL: ACREAGE: OWNER: 1000-22-3-19 1000-22-3-20 1000-22-3-21 1000-31-5-1.2 1000-22-3-22 5.0 Joseph F. Gazza 4.0 Bernice Lettied 5.0 Joseph F. Gazza 15.0 Andrew Lettieri 6.0 Joseph F. Gazza EXHIBIT "A" 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 (516) 765-6145 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON AUGUST 3. 1999: WHEREAS, the Town of Southold is considering the purchase of a parcel of properly for open space preservation purposes, the property being adjacent to Dam Pond, known as Suffolk County Tax Map Nos. 1000-22-3-19, 1000-22-3- 20, 1000-22-3-21, 1000-22-3-22 and 1000-31-5-1.2 and is approximately 35 acres; and WHEREAS, Suffolk County has established a County-wide Land Preservation Partnership Program to provide matching funds for conservation purposes; and WHEREAS, on December 31, 1997, the Suffolk County Legislature adopted IR 751-1997 appropriating five million dollars from the capital budget for the Preservation Partnership Program; and WHEREAS, the Town Board of the Town of Southold approved a $2,000,000. Farmland/Open Space Protection Bond Act of 1997; and WHEREAS, the Town of Southold seeks to acquire the following five parcels of a total of approximately 35 acres: Dam Pond Parcels Properties: Approx. SCTM# Acres Owner 1000-22-3-19 5.0 1000-22-3-20 4.0 1000-22-3-21 5.0 1000-22-3-22 6.0 1000-31-5-1.2 15.0 therefore, be it Joseph F. Gazza Bernice Lettieri Joseph F. Gazza Joseph F. Gazza Andrew Lettieri; now RESOLVED, that the Town Board of the Town of Southold desires to participate in the Suffolk County Preservation Partnership Program; and be it further RESOLVED, that to the best of their knowledge, the Town Board of the Town of Southold believes the above-mentioned parcels are eligible for acquisition under the Suffolk County Preservation Partnership Program; and be it further RESOLVED, that the Town Board of the Town of Southold, in order to participate in the Partnership Program and subject to the Town Board resolving to acquire the five above-referenced parcels of property after proper public notice, public hearing, compliance with the provisions of Chapter 59 of the Town Code of the Town of Southold for the purchase of Open Space Land and compliance with the State Environmental Quality Review Act, agrees to authorize up to a 50% undivided interest in the property to be held by the County of Suffolk subject to a management agreement between the County/Town and other parties; agrees to appropriate funds or has made arrangements for the appropriation of funds from other sources for the acquisition of an amount equal to 50% of the total cost of acquisition including but not limited to survey, appraisal, environmental audit, title insurance, tax adjustment and taxes prior to exemption and recommends management and use of the property for Open Space/Passive Use Preserve purposes; and be it further RESOLVED, that this agreement by the Town of Southold is subject to final negotiation between the Town of Southold, Suffolk County, the Peconic Land Trust, the landowners, and also subject to the requirements and provisions of Chapter 59 of the Town Code of the Town of Southold for the purchases of Open Space Land and compliance with the State Environmental Quality Review Act; and be it further RESOLVED, that the Town Board of the Town of Southold requests that the Town Clerk forward this resolution authorizing participation in the Preservation Partnership Program to the Suffolk County Executive and the Suffolk County Legislature; and be it further RESOLVED, that the Town Board of the Town of Southold requests that Suffolk County include all of the above parcels as part of the Suffolk County Partnership Program. Elizabeth A. Neville Southold Town Clerk August 3. 1999 C L 0 S I N G E X P E N S E S CLOSING EXPENSES PECONIC LAND TRUST, INCORPORATED to COUNTY OF SUFFOLK and TOWN OF SOUTHOLD SCTM #1000-22-3-:~9 SCTM #1000-22-3-20 SCTM #1000-22-3-21 SCTM #z000-22-3-22 DAM POND Properties (formerly owned by Joseph F. Gazza and Bernice Lettieri) East Marion, New York Closing held on November 17, 1999 PURCHASE PRICE TOWN'S EXPENSES: Town of Southold Check ~054490 (11/17/99) payable to Peconic Land Trust, Inc. (includes $450,000.00 share of purchase price, tax adjustment, survey, appraisal & environmental report) Check #05449:~ (11/17/99) payable to Fidelity National Title Ins. Co. $900,000.00 (50%/50% split - County of Suffolk and Town of Southold) $ 454,116.51 $ 1,998.50 CLOSING A1-FENDANTS: Jean Cochran Gregory F. Yakaboski, Esq. David Fishbein Robert Bhatt Andrew & Bernice Lettieri Joseph Gazza, Esq. Timothy Caufield Susan Tufts, Esq. Jacqueline Donohue Syma Gerard Southold Town Supervisor Southold Town Attorney County of Suffolk County of Suffolk Sellers Seller & Sellers' Attorney Peconic Land Trust Attorney for Peconic Land Trust Title Closer for Fidelity National Title Ins Co Real Estate Broker TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-0959 DATE CHECK NO, 11/17/99 054490 O54490 AMOUNT **$454,116.51 PAYTO Peconic Land Trust, Inc. THE ORDER 296 Hampton Road o~ P.O. Box 1776 Southampton, NY 11969 "'OSI, hcIO,' ':081, hOSL,&t,': ~,~. OOOO0~, O,' 'l'Pl'll'l ~12. 8686 · 2 · 000. 000 Dam Pond Property 1000-22-3-19 1000-22-3-20 1000-22-3-21 1000-22-2-22 ROW 1000-31-5-1.2 Town portion 50% of total price Tax adjustment, survey, appraisal & environmental audit $450,000.00 4,116.51 $454,116.51 TOWN OF SOUTHOLD S SOUTHOLD, NY 11971-0959 TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-0959 NO. 05449:1. CHECK NO, AMOUNT 054491 **$1998.50 PAY TO THE ORDER OF Fidelity National Title Ins. Co. 1149 Old Country Road Riverhead, NY 11901 "'OShhql,"' ':081, hOSt,~=h': r~q, OOOOOh O"' 112 . 8686 . 2 · 000 . 000 Dam Pond Property SCTI~ 1000-22-3-19;20;21;22 Title Costs Town share 501 $1,998.50 TOWN OF SOUTHOLD · SOUTHOLO, NY 11971-0959 Fidelity National Title 24 Commerce Drive, Rive head NY 11901, (63 l) ?2? -0600, (631 ) 727 -06O6 ESTIMATED Rider Municipal Totals Endorsement Totals Total Company Charges: Seller: e Tax Lender Mortgage Tax Deed ) Mortgage ) Assignment of Mortgage ) Consolidation Agreement Release Satisfaction of Judgement Agreement ) (3)Extra tax searches Total Escrow Charges: (3) CHARGES: ECKS pAYABLE TO FIDELITY: table 1o Fidelity: LIST ALL FAX NO. Invoi¢.e November 17, 1999 NOV. 1S 1999 11:09~ P2 ~ Tow~'~ Vendor Total Price Share Share John Ehler~ - survey $3,250.00 $ 1,625.00 $1,625.00 Pat Given ~ appraisal $1,700.00 $850.00 $850.00 Advanced Cleanup - Phaze I audit $1,200.00 $600.00 $600.00 Total $6,150.00 $3,075.00 $3,075.00 ? FOX NO. ~ JOHN C. EHLERS LAND SURVEYOR )6 EAST MAIN STREET RIVERI IEAD, NY 11901 TEL: 516-369-8288 FAX: 516-369-8287 P~oni¢ Land Tm~ P.O, Box 205~ ; $ourhampt,,m, N,Y. 1196!~ BILL TO STATEMENT DATE ,i INVOICE 10/26/99j 991193 DATE 10/26/9{) 1000-22.3.19~22 ~.. DESCRIPTION ~ C~RGES CREDITS S~ of~ ~s of vault pm~y ~own ~ Dam .... Pond prepay ~ PaY ~0~T ~ii()~ g9-259C BALANCE 3,250.~-'- $3,250.00 ! FAX HO. : Nov. 15 1999 11:10AM P4 PATRICK A. GIVEN, SRPA box 53o5 · 550 route 111 · hauppauge, n.y. 11788-0306 ~:~c ~,o.44~ - John V. Halsey, President The Peconic Land Trust 295 Hampton Road P.O. Box 2088 Southampton, N.Y. 11969 Re.' Appraisal of Real Property Located north of Main Road, East Marion, New York Tax Map #1000-22-3-19, 20~ 21 & 22 File #98154 APPROVED .. PAID CHECK NO, A¢COUNT._~ $1,700.00 real estate appraisers and consultants FRX NO. : z-'/z,~/z¥,~,~ z~.'~t b~.2.2~$4g~6 A~VANCED rJL.EC, NUP TEC Nov. 15 1999 ll:iOAM PA~.~ 02 PS P~i~ Land Ti'us Box 1776 SotS*..-;.;-..,, New York 11969 As per Oembsn- 1~, ~ Conlra~ IN~OICt Pet~omumee of · Pha~ I S~e Ammmmt at g~ shove Amount Du~: $1,200.00 117 Verdi Street F~rmirtg~ale, Ne~ York 11735 Tel: 516/293-4992 Fax: 516/293-4986 East Water $~o~t, Suite 204 ,~rac4~e, New Yolt( 13202 Tel: 315/471-9720 Pax: 31,5/471-9727 PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306 (516) 360-3474 FAX 3603622 September 17, 1999 Gregory Yakaboski, Esq. Town Attorney Town of Southold 53095 Main Road Southold, NY 11971 RE: Updated Value Estimate For Property Located North of Main Road, East Madon, NY S.C.T.M. #1000-22-3-19, 20, 21 & 22 File #98154 $250.00 real estate appraisers and consultants R E C O R D E D D E E D 12004P~379 [i ~_ $ ~-~Ar~ ' DEC 0 3 'O99 TORRENS Serial # 18699 RECORDED 59DEC-I P~I 3:2.7 SUFFGLi~ COUNTY Handling TP 584 Notation EA-52 17 {County) EA-5217 (Slate) Camm of Ed Sub Total GRAND TOTAL., -~ Mortgage Ami I. Basic Tax 2. Additional Tax Sub Total Transfer Tax Community Preservation Fund Consideration Amount $ ?{~f, ~}~') 7 ]/Satlsflactlons/Dischargcs/Relcases Lisi Properly Owners Mailing Addl / RECORD & RRTUP~ TO: - CPF Tax Due R~EIVED DEC 0 1 1999 MSION OF REAL ESTATE COM;dUN~T'r' PRESERVATION FUND reproved -- /acaat Land rD /b. I'D FD HAU~PAUGE. Nr~¢YORK 117~8-~ ,, , ATTENTION: ~ Ti~e Company Information [Title ~ ~N ~ q~j~ ~] ~ ~,, ' ' Suffolk Co~ty Recording & Endorsement Page (S~m~EOV ~) S~OLK ~, NEW YO~ ~Ol~l~'j oF E HF~ N nato Ia~VlLLAGE BO~ 5 ~U 9 MU~ BE ~ OR P~ ~ B~CK ~ O~y P~OR TO ~G OR FIL~G. (OVER) DISTRICT 1000 SECTION 022.00 BLOCK 03.00 LOT 020.000 PARCEL III DISTRICT 1000 SECTION 022.00 BLOCK 03.00 LOT 022.000 BETWEEN PECONIC LAND TRUST, INCORPORATED, a New York Not- for-Profit Corporation, having an office at 296 Hampton Road, Southampton, New York 11969, party of the first part, PARCEL I .......... AND the COII~"F OF SUFFOLK, a municipal corporation of the DISTRICT State of New York, having its principal office at the Suffolk 1000 County Center, Center Drive, Riverhead, New York 11901, and the ........ TOW19 OF SOUTHOLD, a municipal corporation, 53095 Main Road, SECTION Southold, New York 11971, as tenants-in-common with each 022.00 holdin~_a fifty percent (50%) undivided interest~ party of the BLOCK 03.00 WZTN~SSETH, that the party of the first part, in .......... consideration of NINE HUNDRED THOUSAND and 00/100 ($900,000.00) LOTS DOLLARS and other valuable consideration paid by the party of 019.000 the second part, does hereby grant and release unto the party Of 021.000 the second part, the heirs or successors and assigns of the .......... party of the second part forever, ALL, that certain piece or parcel of land, situated in the Town of Southold, County of Suffolk, and State of New York, more PARCEL II particularly bounded and described as follows: (see description .......... ! annexed hereto and made a part hereof): THIS DEED is given in accordance with Resolution No. 751- 1997, as amended by Resolution No. 652-1998 and as amended by Resolution No. 375-1999, and Resolution No. 958-1999 authorizing the acquisition of land in the Suffolk County Land Preservation Partnership Program, and further in accordance with Resolution NO. 762-1986, as corrected by Resolution No. 1212-1986, and as further clarified by Resolution No. 1266-1989, all on file with the Clerk of the Suffolk County Legislature and in accordance with the resolution of the Euffolk County Department of Parks, Recreation and Conservation Board of Trustees in exercise of their duties as authorized by Resolution No. 762-1986. PARCEL I BEING AND INTE~;D~D to be the same premises conveyed to Joseph Frederick Gazza by deed dated 9/16/77 recorded 2/17/78 in Liber 8390 cp 366 (as to Tax Map No. 1000-022-03-019 & 021) PARCEL II BEING AND INTEnDeD to be the same premises conveyed to Bernice Lettieri by deed dated 11/24/81 recorded 12/4/81 in biber 9111 cp 64 (as to Tax Map No, 1000-022-03-020) PARCEL III BEING ~ INTENDED to be a part of the same premises conveyed to Joseph Frederick Gazza by deed dated 7/1/89 recorded 10/25/89 in Liber 10954 cp 166 and to Joseph Frederick Gazza (fifty percent [50%] interest) and Andrew Lettieri (fifty percent [50%] interest) by deed dated 5/20/83 recorded 6/14/83 in Liber 9374 cp 4 (as to Tax Map NO. 1000-022-03-022) and BEIN~A~D INTENDED to be the same premises conveyed by said Grantees pursuant to the deeds described above to the grantor herein, Peconic Land Trust, Incorporated, by simultaneous closing by deeds dated November 17, 1999, said deeds intended to he recorded prior in time to this deed. TO~ETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOgETHEK with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second Dart, the heirs or successors and assigns of the party of the second part forever. A~D the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid, AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the im~rov~nent before using any part of the total of the same for any other purpose. F~RTHE~, this conveyance is made subject to and with the benefit of the Declaration and Clarification of Easement dated 1/5/1998, Recorded 6/30/1998, at Liber 11901, Page 936 runni~ from the subject pre~aises to New York State Route 25 a/k/a Main Road. AND the following covenant and restriction shall be deemed to be imposed only upon the TOWN OF SOUTHOLD's undivided fifty percent (50%) interest in the subject premises, and only applicable to it; and further shall not be deemed to be a covenant and restriction imposed upon the COUNTY OF SUFFOLK's undivided fifty percent (50%) interest in the subject premises, and not applicable to it: The TOWn of Southold has purchased its interest in this parcel of property pursuant to Chapter 59 entitled "Open S~ace" of the $outhold Tow~ Code. Pursuant to Chapter 59 the Town's interest in this parcel of property shall not thereafter be alienated except upon the affirmative vote of a majority of the Town Board after a public hearing thereon and upon the approval by the electors of the town voti~ on a preposition submitted at a special or biennial town election. No subsequent a~endment of the provisions of the subsection shall alter the limitation imposed upon the alienation of the fee or any lesser interest Or right acquired by the town prior to any such amendment. This covenant shall run with the land in perpetuity, only as to the TOWN 0F SOUTHOLD and its undivided fifty percent (50%) interest therein. Sd the TOWN OF SOUTHOLD has joined in the execution of this deed as and for its acceptance of the aforestated covenant and restriction, as set forth herein. T~ WOP~D "PA~T~" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS ~OF, the party of the first part has duly executed this deed the day and year first above written. In Presence Of: Town of Southold Peconic Land Trust, Incorporated J~kn w. Cochran, Supervisor FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9923415 SCHEDULE A AMENDED ! 1/16/99 PARCEL I AS TO TAX M,LP 1000-022.00-03.00~019.000 ALL that certain plot, piece or pamel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the southwesterly comer of the hereinafter described premises which point is distant the following eight courses and distances from the point where the division line between lands now or fomerly of Raol J. Witteveen intersects the northerly side of Main Road: 1. North 2.5~degrees 32 minutes 57 seconds West a distance of 242.90 feet to a point: 2. South (~degrees 59 minutes 03 seconds West a distance of 23.10 feet to a point; 3. North 26 degrees 48 minutes 17 seconds West a distance of 387.42 feet to a point; 4, North 25 degrees 14 minutes econds West a distance of 598.78 feet to a point; 5. North 27 degrees 48 minutes 57 seconds West a distance of 111.96 feet to a point; 6. North 27 degrees 09 minutes 47 seconds West a distance of 71.14 feet to'a point; 7 7. North 32 degrees 11 minutes ~seconds West a distance of 144.10 feet to a point; 8~ South 81 degrees 11 minutes 27 seconds ~ a distance of 312.90'f~et to a point; THENCE North 25 degrees 26 minutes 27 seconds West along lands now or formerly ~Xc/- ~' Inc. a distance of 608.91 feet to a point; THENCE South 77 degrees 23 minutes 20 seconds East along the last mentioned lands a distance of 367.50 feet to lands now or formerly of THENCE South 09 degrees 55 minutes 10 seconds East along the last mentioned lands a distance of 712.51 feet; TIIENCE South 84 degrees 18 minutes 53 seconds West 16.60 feet; - continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW y(~RK~ Title No. FNT9923415 SCHEDULE A (continued) THENCE North 60 degrees 20 minutes 54. seconds West 382.75 feet to the point or place of BEGINNING. TOGETI-,:ER with and subiect to a certain right of way as contained in Liber 11901 cp 936. ' PARCEL II 1000-022.00-03.00-0~.000 ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, hounded and described as follows: BEGINNING at the southwesterly comer of the hereinafter described premises, said point being distant the following ten courses and distanCes from the point where the division line between lands now or forfmerly of Raol J. Witteveen intersects the northerly side of Main Road: 1. North 25 degrees 32 minutes 57 seconds West a distance of 242.90 feet to a point; 2. Soutl~ 69 degrees 59 minutes 03 seconds West a distance of 23.10 feet to a point; 3: North 26 degrees 48 minutes 17 seconds West a distance of 387.42 feet to a point; 4. North 25 degrees 14 minutes ~Tseeoads West a distance of 598.78 feet to a point; 5. North 27 degrees 48 minutes 57 seconds West a distance of 111.96 feet to a point; 6. North 27 degrees 09 minutes 47 seconds West a distance of 71. l~-:feet to a point; 7. North 32 degrees 11 minutes jl seconds West a distance of 144.10 feet to a point; 8. South 81 degrees 11 minutes 27 seconds East a distance of 312.90 feet to a point; 9. South 60 degrees 20 minutes 54 seconds East a distance of 382.75 feet to a point; Il). South 84 degrees 18 minutes 53 seconds East a distance of 16.60 feet to the true point or place of beginning; RUNNING THENCE North 9 degrees 55 minutes i0 seconds West 712.51 feet to land now or formerly of Raol J. Witteveen; - continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Title No. FNT9923415 SCHEDULE A (continued) THENCE along the aforementioned land the following two courses and distances: I. South 75' degrees 23 minutes 20 seconds East 153.38 feet; 2. Soutl~ 76 degrees 12 minutes 30 seconds East 165.44 feet: THENCE South 8 degrees 14 minutes 30 seconds East 688.09 feet to a point on the northerly :fide of Dam Pond; THENCE along the northerly side of Dam Pond the following three courses and distances: I. North 64 degrees 54 minutes 53 seconds West 39.35 feet; 2.. North 72 degrees 43 minutes 52 seconds West 153 91 feet; 3. South 84 degrees 18 minutes 53 seconds West 104.14 feet to the point or place of BEGINNING. TOGETHER with and subject to a certain right of way as contained in Liber 11901 cp 936. P,ARCEL iii 1000-022.00 - 03.00-021.000 ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, botmded and described as follows: ~ BEGINNING at the southwesterly corner of the hereinafter described premises, which point is distant the following 13 courses and distances from the point where the division line between lands now or formerly of Raol J. Witteveen intersects the northerly side of Main Road: . . 1. North 25 degrees 32 minutes 57 seconds West a distance of 242.90 feet to a point; 2. South 69 degrees 59 minutes 03 seconds West a distance of 23.10 feet to a point; 3. North 26 degrees 48 minutes 17 seconds West a distance of 387.42 feet to a point; q7 4. North 25 degrees 14 minutes t/~ seconds West a distance of 598.78 feet to a point; - continued on next page - FIi)ELITY NATIONAL TITLE INSURANCE COMPANY OF ~W yORK Title No. FNT9923415 SCHEDULE A (continued) 5. Nonl~ 27 degrees 48 minutes 57 seconds West a distance,of 111.96 feet to a point; 6. North 27 degrees 09 minutes 47 seconds West a distance of 71.14 feet to a point; 7. North 32 degrees 11 minutes j~ seconds West a distance of 144.10 feet to a point; 8. South 81 degrees it minutes 27 seconds East a distance Of 3i2.90 feet to a point; 9. South 60 degrees 20 minutes 54 seconds East a distance of 382.75 feet to a point; 10. South 8,; degrees 18 mmutes 53 seconds East a distance of 16.60 feet to a point; 11. South 84 degrees 18 minutes 53 seconds East a distance of 104.14 feet to a point; 12. Somh 72 degrees 43 minutes 52 seconds East a distance of 153.91 feet to a point; 13. South 64 degrees 54 minutes 53 seconds East a distance of 39.35 feet to the true point or place of beginning; RUNNING THENCE North 8 degrees 14 minutes 30 seconds West 688.09 feet to land now or formerly of Raol J. Witteveen; THENCED along the aforementioned land the following tltree courses and distances: 1. South 76 degrees 12 minutes 30 seconds East 284.57 feet to a point; 2 South 13 degrees 28 minutes 20 seconds West 9.00 feet to a point; 3. South 74 degrees 15 minutes 48 seconds East 84.06 feet to a point; THENCE South 10 degrees 37 minutes 40 seconds East a distance '0£,239.69 feet to a point; THENCE South 5 degrees 20 minutes 50 seconds East 478.69 feet to a point on the northerly side of Dam Pond; THENCE along the northerly side of Dam Pond the following two courses and distances: 1.. North 75 degrees 10 minutes 37 seconds West a distance of 158.03 feet; 2. North 64 degrees 54 minutes 53 seconds West a distance of 212.66 feet to the point or place oi' BEGINNING. - continued on next page - FIDELITY NATIONAL TITLE INSURANCE COMPANY.,OF:NE 'YORK; Title No. FNT9923415 SCHEDULE A (continued) TOGETHER with and subject to a certain right of way as contained in Liber 11901 cp 936. PARCEL IV 1000-022. O0 -03.00-022.000 ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, being bo9unded and described as follows: BEGINNING at the southwesterly comer of the hereinafter described premises, which point is distant the following fifteen courses and distances from the point where the division line between lands now or formerly of Raol J'. Witteveen intersects the northerly side of Main Road: 1. North 25 degrees 32 minutes 57 seconds West a distance of 242.90 feet to a point;. 2. South 69 degrees 59 minutes 03 seconds West a distance of 23.10 feet to a point; 3. North 26 degrees 48 minutes 17 seconds West a distance of 387.42 feet to a point; 4 North 25 degrees 14 minutes econds West a distance of 598.78 feet to a point; 5 North 27 degrees 48 minutes 57 seconds West a distance of 111.96 feet to a point; 6. North 27 degrees 09 minutes 47 seconds West a distance of 71.14 feet to a point; 7. North 32 degrees 11 minutes ~ seeqnds West a distance of 144.10 feet to a point; 8. South 81 degrees 11 minutes 27 seconds Fast a distance of 312.90'feet to a point; 9. South 60 degrees 20 minutes 54 seconds East a distance of 382.75 feet to a point; 10. South 84 degrees 18 minutes 53 seconds Fast a distance of 16.60 feet to a point; 11. South 8,; degrees 18 minutes 53 seconds East a distance of 104.14 feet to a point; 12. South 72 degrees 43 minutes 52 seconds East a distance of 1.53.91 feet to a point; 13. £outh 64 degrees 54 minutes 53 seconds East a distance of 39.55 feet to a point 14. Soutb 64 degrees 54 minutes 53 seconds East a distance of 212.66 feet to a point; continued on next page - 120.04 379 FI. DELITY NATIONAL TITLE INSURANCE COMPANY OF :NEW YORK Title No. FNT9923415 SCHEDULE A (continued) 15. South 75 degrees 10 minutes 37 seconds East 158.03 feet to the true point or place of beginning; tHENCE North 5 degrees 20 minutes 50 seconds West a distance of 478.69 feet to a point; 'tHENCe:, North 10 degrees 37 minutes 40 seconds East a distance of 239.69 feet to a point at the southerly side of Dam Pond; THENCE along the southerly, southwesterly and northerly sides of Dam Pond the following nine courses and distances: [, South 74 degrees 15 minutes 48 seconds East a distance of 12.00 feet to a point; 2. South 68 degrees 54 minutes 58 seconds East a distance of 176.50 feet to a poim; 3. South 68 degrees 40 minutes 38 seconds East a distance of 442.82 feet to a point; 4. South 62 degrees 39 minutes 18 seconds East a distance of 287.20 feet to a point; .";. South 25 degrees 45 minutes 17 seconds West 172.75 feet to a point; 6. South 83 degrees 18 minutes 58 seconds West a distance of 116.45 feet to a point; 5. South 46 degrees 53 minutes 54 seco..nds West 153.90 feet to a point; 8. South 78 degrees 45 minutes 08 seconds, West 232.36 feet to a point; 9. North 75 degrees 10 minutes 37 seconds West 67.77 feet to .the point or place of BEGINNING. . . TOGETHER with and subject to a certain right of way as contained in Liber 11901 cp 936. FOR CONVEYANGING ONLY The policy ,to be issued under this report will insure the title to such buildings and improvements erected on the premises which by law constitute real property. TOGETHER with all the right, title and interest of the party of the first part, of, in and to the land lying in the street in front of and adjoining said premises. ~ersonally known to me or proved to me or) the basis No ~ 'blic! State of New York On this I~ day of in th~year,19~, before ~e, the ~dersi~ed, personally appeared ~f[u% ~ ,~c~r&~ , ~ersonally ~o~ to me or proved to ~e oh the basis ~f on the instant, the individual, or the person upon behalf of TO coLrNTY OF SUFFOLK AND TOWN OF SOUTHOLD RECORD & RETURN TO: BOB BHATT Division of Real Estate Department of Planning Hauppauge, New York 11788 H. Lee DeNnison Bldg., 2"~ Floor P.O. Box 6100 R I G H T O F W A Y A G R E E M E N T 11901~936 TORRF. NS 42586 RECORDEO '~' """ 98 JU~130 PI'I K OF SUFFOLH COURTY Filing FCC &--~ / . hmdling '~. ,,,-sa4 ._~: ~__ EA-5217 (County) Sub Tolal ~ / . EA-S217 (SRUC) Morlgage AmL Sub Total '~lie Number I{I~Ct)I(IJ & REI'IIIIN '10 (A DI)II ESS) NAME: ADDRESS: Stall flk County Recording & l'm(Iorsement Page (SPECIFY TYI'E OP INSI'RUMENT} t!,2j'_kc~_._,:}'_.*.~.,~--,~_, ........ SUI-FOLK COUN'FY. NEW YORK J Itl thc Town_ship o£ -*Po~, ~' ~bt~ I*OXI!,~--.5 'I'IlRU 9 h,U ~S'I' lie 'FYI'El) OR PRINTED IN B1,ACK INK ONLY PPJOR TO RECORDING OR FILIN0, This Declaration made the '~day of-December 199~ by Andrew ' Lettiert and Bernice Lettieri both residing at 48 Cayuga Road, Yonkers, New York 10710 and Joseph Frederick Gazza residing at 5 Ogden Lane, Quogue, New York 11959; hereinafter referred to as the Declarants, Whereas, the Declarants are the owners of certain real property situate at East Marion, Town of Southold,Suffolk County, New York being bounded and described as set forth in Declarants' deeds recorded with the Suffolk County Clerk's Office at Riverhead, New York and pictorially shown on the official tax maps of Suffolk County as follows: SCTM~I000 031.00 05.00 001.002(~4.3ac +) Owner: Andrew Lettieri by Deed L.9374 p.0] D.5/29/83 R.6/14/84 SCTM~ ]000 022.00 03.00 019.000(4.915ac) Owner:Joseph Frederick Gazza hy Deed L.8390 p.365 D.9/i6/77 R.2/]7/78 SCTM~ 1000 022.00 03.00 020.000(5.0 ac_+) Owner: Bernice Lettieri by Deed L.9]ll p.6d D.11/24/81 R.]2/4/81 SCTM~ 1000 022.00 03.00 021.000(5.393ac) Owner: Joseph Frederick Gazza by Deed L.8390 p.366 D.9/I6/77 R.2/17/7~ SCTM~ lO00 022.00 03.00 022.000(6.3ac) Owners:Andrew Lettieri & Joseph Frederick Gazza by Deed L.10954 p.165 D.7/1/89 R.]0/25/89 C' Whereas there e3{ists upon the lands above set forth "rights of way" utilized by former and present OWners of these parcels the location of which has changed over the years as a result of land maintenance, far~ plowing and crop location. Said "rights of way" provide legal access from the lands above set forth to the ~in(state)Road. Early reference to this legal access can be traced to Seth H. Tuthill who designated this land the "Rocky Point Farm". On 3/20/1857 JOSeph Lewis q~thlll & William S. So]~rt Executors of the last will and testament of Seth H. ~thill conveyed the "Rocky Point Farm"at Liber 63 page 91 to Jonathan Tr%~an & George Tuthill. George Tuthill who died in 1870 left a will recorded at Liber E Page 155 and Liber 10 page 602. George Tuthill's heirs at law were Henry H.C.Tuthill and Juliett ~l. Lamphear..In the early 1900's,Henry H.C.Tuthill & Juliett M. Lamphear by Deed Liber 458 page 402 divided the peninsula into lots as they appear on the tax map today. Rights of way to these lots Via travelled farr~ roads have existed since their creation to the main road. The travelled farm road that crosses the lowland area of bet 19 & 001.2 exists at an elevation of o~r 6ft. above mean sea level. This road provides ingress & egress for auto and truck, contains no wetlands on it and our use thereof has been uninterupted during our years of ownership. The parcels were farmed lands and as such required continuous culti~ation by farm equipment & tractors. The various tra~Iled farm roads that connected each parcel to the Main(Sta,te)Road were located and plotted on an actual survey map on July 25, 1977 by Rederick Van~uyl P.C. which said map w~s recorded with the Suffolk County Clerk's office on 2/17/1978 at Libor 8390 pages 367-370 inclusive. . Whereas, for and in consideration of the mutual release and relinquishment of.all rights an~ rights of way, of the DEclarants herein,in and to all the dirt roads, farm roads, w~ods roads and travelled paths as same traverse the lands set forth in deeds above mentioned, the Declarants desire to record this Declaration an,'] Clarification of ~asement in the Suffolk County Clerk's office to accurately define one cc~l~aon right of way and ~{EREAS, the Declarants have considered the foregoing and determined that the same will bo for the l~st interest of the Declarants and subsequent owners of lands ab(~;e set forth in deeds, NOW, T~EREFORE, ~f~{IS DECLARATION WIq~ESS~]: T~{AT the Declarants, for the purpose of carrying out the intentions above expressed do hereby make known admit, publish and impose the following restrictions upon that portion of the parcels whose deeds are above set forth, as is described on "Schedule A" annexed hereto; (I) The Declarants, their heirs, executors,assigns and successors in interest shall have a permanent easement for all ]egaI purposes over, under, and above the described parcel as set fort]] in "Schedule A". owners who are dependent upon the use of the easement area,each owner as to his i STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On the /7¢-~ day of December 1997, before me personally came Joseph Frederick Gazza, STATE OP 'NEW-¥ORI~ Quali[ied in Nassau Cty. 'f3{., c ¢, ~ ss: Commission Expires 7/17/~ ~ un u,~e. day Of/Deqember--1997, ~elore me r Island Zone, and the Meridi~ul of said description being grid no~th, b.]. Zone, (5) Along the arc of a curve heal-lng to the right hauing a radius of 250 feet (7) Along the afc of a cu[-ve bearing to the left having a radi~s of 200 ft. (15) along the arc of a curve bearing to the left havir~ a radius of 25 ft. a (17) Alon~ the arc of a curve bearing to the left having a radiu~ of 25 ft. a (23) Along tile arc of a curve bearing to tile left hay,lng a radius of 200 ft. (24) S 2' 05' 10" W 119.06 feet; (25) Alc~g tile arc of a curve bea~ing to the right ~mving a ~adiu~ of 250 (27) AIc~g the arc of a curue bearing to tbe left lmving a radius of 200 ft. (31) S 27' 30' 20" E 290 ft. to NYS Rt. 25: P R O P E R T Y R E C O R D S 021 NOTICE ~ COUNTY OF SUFFOLK ~ ~ "' '""~ SOUTHOLD SECTION ~~s~ Reel Pr°per fy l°x Service Agency~~ 022 J:'.':.l Fde ',!i,~w Toolbar Help 22.-3-22.- ¥- 473889 Southold Active suffo k County Roll,ear: ~Of~ Em! Yr ~ild land~ ~l~[t Larmd ~)./: 6.500 11815 Privale Rd U12 L~d Size: 21.64 ac~es TotalAV: 6.500 Name SUIIolk County : : Pries NbhdC8: Se,~e~: Wa[er: Utilties; Addl Addr; Depl el Planning ~ild S t[eeb ::: : : : PO Bo:4:~00 ;; ~u~ty 0 ~ B~. 12004 - h A ~1. : : ..... Bu drag Double click to open a window N E W S A R T I C L E S In honor and in memory of Ruth Oliva Please join Su?ervisor Scott A. Russell Legislator Edward P. Romaine Ruth's friends, family, co-workers and admirers Re-Naming of Dam Pond Date: Wednesday, September 22, 2010 Time: 3:00 p.m. I,ocation: Ruth Oliva Preserve at Dam Pond Route 25 East Marion, NY Route 25 through East Marion. One-half mile east of the East Marion Firehouse, turn left onto dirt road. RESOLUTION 2010-192 ADOPTED DOC ID: 5744 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-192 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 23, 2010: WHEREAS: Legislature Edward Romaine has introduced a resolution to the Suffolk County Legislature to rename Dam Pond Maritime Reserve in East Marion after Ruth D. Oliva; and WHEREAS: the Town Board of the Town of Southold unanimously supports this efl'ort, recognizing the outstanding scrvicc Ms. Oliva provided to her community, her town and her county; and WHEREAS: Ms. Oliva worked tirelessly to promote the environment through her public service and through pcrsonal example as she lived her life, always with concern for the V`,orld and the people around her. Iler government and community scrvicc showed her heart lbr preservation of farmland and open space and she consistently supported every initiative available to further that cause: and WHEREAS: Thc Town Board of the Town of Southold can think of no one more deserving of this honor than former Councilwo~nan Ruth D. Oliva; nov,', therefore be it RESOLVED: that the Town Board of the Town of Southold hereby registers its wholehearted support for thc renalning of the Dam Pond Maritime Reserve alter Ruth D. Oliva with deep appreciation to her for the positive differencc she has made in the lives of the residents of Southold Town and Suffolk County: and be it further RESOLVED: the Southold Town Clerk is hercby directed to forward a copy of this resolution to thc Legislator Edward Romaine, to the Comnfissioner of thc Suffolk County Department of Parks. Recreation and Conservation and to the Suffolk County Legislature. Elizabeth A. Neville Sonthold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: l,ouisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland. Orlando, Talbot, Krupski Jr., Evans, Russell The members of the committee to establish Ruth Oliva Preserve at Dam Pond (East Marion) ·3 · · w to n · e wmgzn vz ah an o mzatzons r making wish a rea Supporters The Oliva Family; Suffolk County Legislator Ed Romaine and his staff; Suffolk County Comptroller Joseph Sawicki Jr.; Southold Town Supervisor Scott Russell and his staff; Southold Town Highway Superintendent Pete Harris and staff members Lloyd Kalin, Michael Orientale, Paul Kapustka; John Sepenosld; Jim McM~om Mary Mitchell; International Bronze; Staples Monuments; Times/Review Newspapers Donors Lucille and Donato Cappabianca, Gerry Goehringer, Joan and Troy Gustavson, Sally and John Hearty, Joyce and John Holzapfel, Linda Kowalski, Carolyn and James McLaughlin, Peconic Land 'Eust (Tim Caufield), John Sepenoski, Suffolk County Legislator Ed Romaine, ADby TannenDanm, Teresa Taylor and Bob Feger, Joe %wnsend, Freddie Wachsberger and Sylvia Newman, Leslie Wdsman, Tom Wic~am, Jeri Woodhouse. This slaace donated as a [aubli¢ servi~e by Th~ Suffolk Times SEPTEMBER 16, 2010 I SUFFOLKTIMES.COM DAM POND A JOINT ACQUISITION BY TOWN OF SOUTHOLD SUFFOLK TIMES PHOTO The Dam Pond property in East Marion will be officially renamed in honor of Ruth Oliva in a ceremony next Wednesday, Sept. 22. Dam Pond Preserve to be named for Oliva The preserve at Dam Pond in East Marion will be renamed to honor for- mer Southold Town Councilwoman m,d environmentalist Ruth Oliva, who died in June 2009. Supervisor Scott Russell and County Legislator Ed Romaine will preside at the ceremony on Wednesday, Sept. 22, at 3 p.m. at Danr Pond. It was Mn Romaine who introduced the resolution to rename the preserve in Ms. Oliva's honor and who shepherded it through to unanimous approval by the Suffolk County Legislature. Ms. Oliva was president of North Fork Environmental Council, a post she gave up in 1987 when she was elected to the Southold Town Board. She had become involved in environmental issues when she first moved to Orient from Flushing in 1970 and remained active in efforts to improve the quality of life on the North Fork throughout her life. After being elected to the Town Board as a Democrat and serving from 1987 to 1991, Ms. Oliva won election under the United Southold Party banner in 1993 and served as deputy supervisor to then supervisor Tom Wickhmn. Although she left the Town Board in 1997, she remained active in the Demo- cratic Party and continued to monitor town issues. Ms. Oliva was appointed to the town's Anti-Bias Task Force in 2001, and in 2002 she was named to the Zoning Board of Appeals, a post she held until her death. She was also a member of the Southold Town Trans- portation Commission. Program on Invasive Plants at As part of OUl- outreach and education program for support ers and friends, Pcconic Land Trust sponsored a hike through the Dam Pood Maritime Reserve in earl}, October. Ashlee Reiniger, the Trust's North Fork Land Steward, identified the invasive plants tha~ can be found there and discussed how tbese aggressive species move into a habitat and out-compete native plants for valuable resources such as light, nutrients, water, and space. Participants learned how to identity these invaders and the importance of controlling thegn so that native plants are not endangered. Working with the Town of Southold at Darn Pond since 2002, Peconic Land Trust stewardship staff has removed invasive plants such as Autumn (Russian) Olive, Multiflora Rose, Bittersweet, and Norway Maple. According to James C. McMahon, Director of Public Works and Cmnmunity Dam Pond Maritime Reserve Development ~br the 'Ibwn of Snuthold, "XNe want to encourage grasslands in the Reserve and, without iutervention, much of the site would be easily taken over by invasives. Since the Amumu Olive has berries that are tbrage tbr migrating birds, we have not eliminated all of it, but our goal is to control and confine it." Ashlee Reiniger adds, "The native plants we are encouraging are Blue Stem Grass, Eastern Red Cedar, Winged Sumac, Bayberry, and the Oaks (Black, White and Red)." (Ed. Note: The trail s),stenl at Dam Pond Maritime Reserve is approximately i ~/, miles with many opportunities Jbr scenic views. Under the direction oj Peconic Land Trnst staf], Americtvps has recently widened arid cleaned up the trails. Dam Pond is open from dawn to dusk, 365 days a yem: Hikers are encouraged to stop hy the kiosk to pick up a brochure and map.) Special thanks to our Americorps volunteers jor all the help they provided to oar stewardship staff Among many projects, they placed 1,500 feet of snow fencing at PLT's Reel Point Preserve on Shelter Island. The fencing was funded through the genelvsity of Riverhead Building Supply to encourage sand dune formation and prevent erosion, b~ addition to projects for PLT, members o] this Americorps group served as teachers' aides in inner city Baltimore, worked for Heahhy Acadia Coalition in Maine, and served as counselors at a summer camp for ter- minally and chlvnically ill children in upstate New York. Congratulations Americorps for all your good work.t Dam Pond deal done? It is if town can muster the $$$ By Suzanne Farreil The Peconic Land Trust, acting for the town, has reached a tentative, writ- ten agreement with the Gazza and Lettieri families for the purchase of property around Dam Pond. But there's one contingency: the town must come up with the money to buy it within the next three months. Provided that happens, the town will buy (for an as-yet undisclosed price) the 21 acres of the peninsula that juts into the pond, the most en- vironmentally sensitive part of the property, according to PLT vice presi- dent Tim Caufield. And the PLT will continue to negotiate for the remain- in~ 15 interior acres. ~¥gUst 2~ 1999 *.The Suffolk Times ~o ,~-7 Aerial view of Dam Pond, with the Orient-East Marion causeway at right. "Our goal is to preserve the entire 36-acre property," said Mr. Caufield adding that with adequate funding, "there's no reason why we shouldn't be able to do that." One source of funds could be the County's land partnership program. Last week Legislator Michael Caracciolo brought a resolution to place the property on the program's list before the · legislature's parks and land acquisition Committee. If the Dam Pond acquisition were to be given a go- ahead by the the legislature, fhnding would entail a 50-50 split of the purchase price between the county and the town. Southold Town Supervisor Jean Cochran said two weeks ago that she supports the town's participation in the partnership program. And at last week's Town Board work session, she ald. We re trying to put the funds in place to purchase this property." The town also applied last w~ek for a federal Environmental Protection Act grant to help finance the pur- chase. A jewel in the town The effort to buy the Dam Pond land has been building up steam over !he past year, with Some officials not- mg the town's special interest in the piece because it adjoins an 80-acre parcel already preserved through a conservation easement by the PLT. Considered an increasingly rare and relatively undisturbed ecosystem that provides habitat for a number of fish See Pond, page 41 ·--From page 7 and wildlife species, the property is listed in the New York State Open Space Conservation Plan and has been named a priority parcel for preservation by the Long Island Pine Barrens Maritime Reserve -- a leg- islatively set boundary for the protec- tion of the Peconic Bays, which is a federally designated National Estuary. The Gazza-Lettieri application to widen an existing road on the proper- ty, which could facilitate its future development, is now before the Zoning Board of Appeals, as well as the Board of Trustees. The ZBA is awaiting completion of the SEQRA .process, while the trustees are expect- mga revised site plan from the appli- cants. After inspecting the property several months ago, the trustees asked for a number of site plan revisions, including the proposed width and material of the road, according to the trustees' office. 6 · ThCTimes · August 5, 1999 Dam Pond deal in the works Property eyed for county / town partnership By Suzanne Farrell EAST MARION--County Legis- lator Michael Caracciolo is currently drafting a resolution that could cement the acquisition of the property surrounding Dam Pond, ~vhich resi- dents and town officials have been urging for more than a year. The resolution, to be presented to the County Legislature Aug. 24, pro- poses putting the 36-acre parcel on the list for acquisition under the coun- ty land partnership program. If approved by the legislature, it would entail a 50-50 contribution from the county and the Town of Southold toward the purchase. South01d Town Supervisor Jean Cochran said Monday she's pleased with the legislator's resolution and supports the town's participation in the program. "We're trying to put the funds in place to purchase this proper- ty,'' she said at Tuesday's Town Board work session. The town has a special interest in the piece because it adjoins an 80-acre parcel already preserved through a conservation easement to the Peconic Land Trust. The property itselt has been designated a priority parcel for preservation by the New York State open space conservation plan and is Suffolk Times photo by Holland Redfield Aerial view of Dam Pond, with Orient/East Marion causeway at fight. part of the Long Island pine barrens maritime reserve -- a designated boundary for the protection of the Peconic Bays. "The town and the county should do whatever they have to do to get this piece," said Debbie O'Kane, pro- gram coordinator for the North Fork Environmental Council. "This is such a prime piece of open space. It's a per- fect example of what we need to pre- serve on the North Fork." Peconic Land Trust vice president Tim Caufield continues to negotiate with the Gazza and Lettieri families, the owners, to purchase the property. One constraint, he noted, is that the PLT can offer no more than the appraised value of the property. The PLT is currently updating that value. Eyes on the bottom line Reaching an agreeable price for both parties may require some com- promise on both ends. Mr. Caufield said owner Joseph Gazza has Dam Pond eyed for EPA grant Dam Pond is one of the parcels the town is targeting in its Environmental Protection Act and Clean Water/Clean Air Act grant applications due Aug. 18. Another is the 31-acre Nolo property on Laurel Lake, accord- ing to town administrator Jim McMahon. The property is high priority because it's contiguous to a town-owned 10-acre open space parcel, which adjoins a 25- acre state-owned piece, and 75 acres owned by the Suffolk County Water Authority. And the Peconic Land Trust is cur- rently negotiating on behalf of the town and the county for the development rights to 64 acres of nearby Macari Vineyards. "If we got title to [the Nolo] piece, we would pretty much have the ability to walk all around Laurel Lake through pro- tected land," said Mr. McMahon. "This area will be our watershed area in years to come." expressed an interest in donating part of his property to cut the cost. Also on the table for discussion is the allowance of limited future de- velopment on the most interior of the See Pond, page 32 Pond... ~,,-From page 6 four lots that comprise the property. "There are ways to blend in limited development without compromising the conservation value of the proper- ty,'' said Mr. Caufield. "We're looking for ways to stretch the dollar. You can't see the far back corner of prop- erty [the fourth lot] from the road, and the peninsula -- the most envi- ronmentally sensitive part of the property -- will be mostly protected." He added that the PLT will try its best to preserve the whole property. Mr. Caufield said he's appreciative of the landowners' willingness to con- tinue talks, noting the importance of civic preservation initiatives. "It will be the private landowners that will make or break the future of the North Fork," he said. In the meantime, the Gazza-Lettieri application to widen an existing road, which could facilitate future develop- ment on all four lots, still pends before the Zoning Board of Appeals and the town Trustees. While the ZBA awaits the completion of the SEQRA process, the Trustees are waiting for a revised site plan from the applicant. The Trustees asked for a number of revisions after their site inspection of the property several months ago, including the proposed width and material of the road, according to the Trustees' office. T R A I L G U I D E Welcome to Dam Pond Maritime Rese The reserxc is a ~.~)-ac~c parcel theft ,~as t SouthoJd and ~he County of Suffolk during 1999-200i assistance of thc Pcconic Land 'f?ust. The Dam Pond ~{aritime Reserve has been included in the New ~ork State O the !,ong ls!and Pine Barrens Maritime Rese~;e, Peconic Bay A~adtime Resczve~ and the fcderal!v~dcsignatcd Nafiona! Estuary Program, undcrscorin~ its cnxdronmcnta!' significance. Restoration Projects: ~ou will ired that several areas ha~e been recendv cleared and restored as part of a grassland restoration project. These areas had been 0ve!gr0wn with successional wood) shrubs; nonmadx~e roses and autumn Open grasslands are highly attractive ~o wild'lc, particularly that can also use the ~ oody margin and wetlands surrounding Dam Pond. Help protect and maintain the natural beauts~ and xxildlifc habitat C)f th~ area. · PO Box tt79 Southotd N~Y. 11971 CornelI Unive~s~ty i Cooperative Extenskm of Suffolk County with a newly established nest in additional nesting pairs. = Trail Head Restoration You will find that several areas are being cleared and restored as part ora grassland restoration project. These areas had become overgrown with successional woody shrubs, non-native roses and Russian olive. Open grasslands are highly attractive to wildlife, particularly those that can also use the woody margin and wetlands surrounding Dam Pond. The Dam Pond Maritime Reserve is open to the public year-round fi'om dawn to dusk. Help to protect and maintain the natural beauty and wildlife habitat of the area. Please... Stay on designated trails Take nothing but pictures Leave nothing but footprints Leash your dog Check carefully for ticks after your walk ~ . Eo~moreTffffO"-~:t~ol'r abm t this and other recreational opportunities in the Town of Southold, please contact: Town of Southold PO Box 1179 Southold, NY 11971 (631) 765-1800 Dam Pond Maritime Reserve Trail Guide East Marion, NY Welcome to Dam Pond Maritime Reserve. This brochure includes information on the wide variety of wildlife and plant life that thrive in this significant habitat. Enjoy your visit! Preservation This environmentally sensitive site has been protected forever by the Town of Soutbold and Suffolk County with the assistance of Peconic Land Trust. In total, more than 135 acres have been conserved, ensuring the protection of important habitat and beautiful views that many residents and visitors enjoy each day. The Dam Pond Maritime Reserve, a 35.9-acm parcel, was purchased during 1999-2001 by the Town of Southold and Suffolk County. The Reserve encompasses a small, protected bay, maritime shrub land, beach frontage on Long Island Sound, grasslands, tidal flats, saltwater marshes, successional growth, and mature woodlands. Its inclusion in the New YorkState Open Space Plan, the Long Island Pine Barrens Maritime Reserve, Peconic Bay Maritime Reserve, and the federally-designated National Estuary Program underscores its significance. Wildlife~ Habitat and a Maritime Red Cedar Forest Nine distinct ecological communities have been identified, including the rare maritime red cedar forest, an oak- hickory forest, successional old field, successional shrubland, freshwater wetlands, coastal salt marsh, salt shrub community, maritime shrubland, and maritime beach community. Four species of extremely rare plants, one population of a carnivorous plant~ and two species of native orchids have also been identified. The New York State Coastal Significant Coastal Fish and Wildlife Habitat Inventory' reported more than 15 pairs of osprey in the Long Beach Bay, Orient Harbor, and Dam Pond areas. This is one of the largest concentrations of osprey in New York and, with a newly established nest in 2003~ there is promising potential fc~r additional nesting pairs. Dam Pond is an important waterfowl wintering area and concentrations of broadbill, black duck, merganser, buffiehead, goldeneye and mallard are observed on a regular basis. A wide variety of woodpeckers, wrens, warblers, sparrow, hawks, seabirds, shorebirds, and wading birds use the area for feeding and stopovers during migration. In addition, the area is especially significant as a feeding ama for heron, egret, and ibis. Diamondback terrapin turtles are frequently seen in the marsh and pond during the summer months. Over twenty were recently spotted sunning themselves on the rocks at the trail overlooking the barrier beach and osprey Dam Pond serves as a significant ecological nursery and feeding area for many estuarine fish species and is an important spawning area for ~veakfish, scup and winter flounder. Whitetail deer, red fox, raccoons, muskrats, cottontail rabbits, opossmn, and squirrels are fi'equent visitors to the reserve. Dam Pond contains the remnants of a rare ecological community, the maritime red cedar forest. Years ago, this conifer R3rest was much more extensive on the site, but numerous trees were cut and probably used as dock posts. Usually, eastern red cedar is a pioneer species that invades old fields that have been abandoned. Cedars usually thrive for approximately 30 years, at which time they are replaced by climate tree species. Red cedar, however, is the climax plant species of this maritime forest. These trees often live 150+ years in a matm'e forest and provide Iow-banging horizontal branches that provide excellent habitat for wildlife species. A E R I A L S U R V E Y SuFfolk. Coun~U PepdacBmenL of Public Mocks 555 Ydaphdank Avenue `daphdank, New 'dock. I lq80 Commissioner: Chorles J. tSortho, P.E. SC*T~ 1000-22-~-Iq Arco = 214,121 s.f. or 4.q2 Acres $C*T~ IOOO-22-:D-20 E~ernlce Le~tlerl Arco = IqS,OOq s.f. or 4.48 Acres SC*T# t000-22-~-21 Joseph Frederick 6ozz~ Are~ = 242,~04 s.f. or 5.57 Acres SC.T# 1000-22-D-22 Joseph Frederick ®~zzo ~ E~rnlce Le~tlerl ArGo = 2qO,827 s.f. or 6.67 Acres · bionument Pipe Areo= 21.&4 Acres tho New York Stof. e Plone Coordlno~e S~stem - Lon9 Islond L~mbrrt Zone - NAD 'SB rRAPHIC* SC*ALE I":1OO' 0 I00 200 DO0 400 N89°42'43"E 520.88' S89°06'27"E 450.01' IN N85°37,49,,W 153.91' ~2i N88°04'34"W 225.80' 116.43 JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 N.Y.S. LIC. 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