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HomeMy WebLinkAbout1000-22.-3-9.1 I NOTES a ° SHEET 2 OF 4 Young & Young 1 THE APPROVAL OF THIS MAP DOES NOT CONSTITUTE THE 400 Ostrander Avenue, Riverhead, New York 11901 l0,11 1' f LIMIT OF CLEARING, N.Y.S. PLANE ACCEPTANCE OF HIGHWAYS SHOWN THEREON AS PUBLIC ROADS. 631-727-2303 �V Q GRADING GROUND �\p�o031 POND OPEN SPADE A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN Howard W. Young, Land Surveyor �o-< *f 1 D 1 STURBANGE } ;� "� � �� 1 z� t� PARCEL B `� FILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN Thomas C. Wolpert, Professional Engineer � �R Robert C. Tost, Architect =pa 0 F:a< —�-- �c4 LIBER_____GP___-- Ronald �'. P fuhl, Landscape Architect I 512552 ACRES �' �� j PURSUANT TO SECTION 215 OF THE N.Y.S. TOWN LAW 8 ARTICLE XVIII OF THE CODE OF THE TOWN OF SOUTHOLD, THE MINIMUM ' 2 � match I Ine REQUIREMENTS FOR ALL LOTS IN THIS CLU5TER DEVELOPMENT match line, 6, N �9 SHALL CONFORM TO THE FOLLOWING: SITE DATA �d Dip` Q'gyp, 2� �. 1-11� TOTAL AREA = 104.5552 AGRE5 POND I \� __ __ - ;. LOT SIZE _ '70,000 S.F. SIDE YARD = 20 FEET PK \\ _ LOT WIDTH 150 FEET BOTH SIDE YARDS = 45 FEET TOTAL NUMBER OF LOTS = 12 _ 1 W „„; ,•..„,.,, •; . � FRONT YARD 60 FEET REAR YARD - 15 FEET �(\P/ f 1 A i 31�,q�f-_ - -- -` LENGTH OF COVE BEACH DRIVE = 5,055 L.F. 0 1012 LENGTH OF STONEY BEACH ROAD = 1,516 L.F. �\ 0� Of GO,�C Na 16 {N `` TOTAL = 4874 L.F. OfV offOf 5- 0 \�\� �� -'- Ns •\ N, \ -_ __ - / LIMIT OF CLEARING, �• �'- •Q� APPROVED BY N'o GRADING $ GROUND S >F� PLI�t��NING BOARD O,�d•� � x `O DISTURBANCE / TO%Sri: OF SOUTHOLD g3�F DATE a a� o� �Qo I O w==< �° OL =No N -�y ZONING USE DISTRICT ENGINEER'S CERTIFICATION \�0 \ r� •— Nlr O 1 HEREBY' CERTIFY THAT THE WATER 5UPPLY(5) AND/OR O 5EWAGE DISPOSAL 5Y5TEM(S) FOR TH15 PROJECT WERE DESIGNED E3Y ME OR UNDER MY DIRECTION. BASED UPON A �, O S CAREFUL AIND THOROUGH STUDY OF THE 501L, SITE AND �.N �� '" OO GROUNDWATER CONIDITION5, ALL LOTS, A5 PROPOSEQ/ ' \ � �r N GONFORM T O THE SUFFOLK COUNTY DEPARTM- o Q P, `% SERVICES CONSTRUCTION STANDARDS IN E- \ O DATE. 'o A°3\\�, �Q C G �Q� N \ / ao e all LU HOWARO W. YOUNG, N.Y.S. L.5 NO. 458g3n ��Ji Cam' THOMAS C. WOLPERT, N.Y.S. P.E. NO. 61485 ej 1453 12; Si02 S Ft�\ � ROFESS\OAP o \ - <,. 3 <° TYPICAL PLOT PLAN e �° ` � TEST ` s �`�i a< o S\ WELL 3 zoos'° s SU E ORS CERTIFICATION N u � ° o / /\ ` e 1� PROPERrr LIN COMPLYRWI�•TH THE BUILD NG ZONE ORDINANCE OF THE TOWNTOF N_ S iJ� // \ � � `r 12 � � -' ( � 5'MIN YIELL O p 268 �q,�� tU WELL SOUTHOLD, (EXCEPT AS MODIFIED PURSUANT TO SECTION 2-78 �Ifg20 �JCi• Ft_ - °5�,1p"y1 �-=25 ppG z OF THE N.Y.!5. TOWN LAW 6. ARTICLE XVIII OF THE CODE Or THE a\` �, �5 " TOWN OF SOUTHOLD." g. 1 IIr7 5�,1�11� \ SN o o "I HEREBY' CERTIFY THAT THIS MAP WA5 U w 11 HOUSE o HOUSE SURVEYS GG�MPLETED SEPT.22,2003 AND TH 5 �Q i MONUMENTS 'SHOWN THUS: ■ ACTUALLY EXI 0 z w POSITIONS 1-RE CORRECTLY SHOWN AND O O O -Tp�.64' '1q� n \ oJ� S -� SEPTIC £ AND GEODE 'C DETAILS ARE CORRECT." 4 7i �p VA 2 S�(/ND2a154 �� \ 6 TANK yQ O 1 `DA• V� \ C4 f°gym 4i \ '� MIN, FUTURE U- HOWARD W. YOUNG, NIM L.S. NO. 455g5 sC� ;4 i;J3 o 5�6 r� o now °f o, k \ /yam 58 ` 0� \ \ QO \ �°'r�� \ ��iG y�. N°v IGk i1 >� O c4� f LEPOOL G L POOL G 'v�f•19�U \ i �` 4 9�•s `\ n°`'� � �• 8r0 \ fi h�15tire � � •� _ — �. 3 �" °p\°` p N fps \0 GOVE BEACH ESTATES LL'G G/0 INTERFOOL INC. mz C-55 THIRD AVENUE, 17th FLOOR "N PLANNING BOARD CERTIFICATION NEW YORE, NEW `(ORK 1101-7 TH15 IS TO CERTIFY THAT THIS 5LB1:;)IV1510N MAP HAS BEEN Na. \ `� 2o3 APPROVED AS PROVIDED BY PLANNING BOARD OF SOUTHOLD. N=� 0 a- MAP OF =Woa \ 00 , •+"p I, DATE OF APPROVAL ?C-3/a/ _ B ______ \ ��� _ _ --� NN�� P 1 p HAIRPERSON GO\VE BEAGfl ESTATES At East Marion, Town of Southold Suffolk County; Ni York . SUFFOLK COUNTY DEPARTMENT OF HEALTH 1000 22 05 151.1 A 1000 22 03 p/o 18.1 N\ - - - s r�, a SERV I CE5 HAUPPAUOE,_ .Y. 1000 22 05 15.-1 �Oti County Tax Map District 1000 Section 22 el0ck 03 Lot 18.8 ULC 312003 o � u \ ,�� —�- �' Z W DATE FINAL PLAT qq TH15 15 TO CERTIFY THAT THE PROPOSED REALTY SUBDIVISION OR DEVELOPMENT RTE 25) !q 0 ✓ FOR COVE BEACH ESTATES IN THE TOWN OF SOUTHOLD WITH A TOTAL OF 12 LOTS MAIN W WA5 APPROVED ON T"iE .ABOVE DATE WATER SUPPLIES AND 5EWAGE DISPOSAL _ •_, IL FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE TIME OF 0- g j CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO THOSE 5TANDARDS.TH15 APPROVAL SHALL BE VALID ONLY IF THE REALTY SUBDIVISION OR DEVELOPMENT MAP 15 DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF THIS KEY MAP DATE.CONSENT 15 HEREBY GIVEN FOR THE FILING OF TH15 MAP ON WHICH THIS JUN 2 5 2004 �< C`� • ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN ACC D CE W ORANITH SCALE I°=600 PROVISIONS OF THE PUBLIC HEALTH LAW AND THE SUFFOLK COUNTY SANITARY GORE. T 3I, 2003 �Sra MAP PREPARED SEP. 2, 2003 e z o 100 O 50 100 200 — — N SOUtfTO�d-r `.W �oN. ------ - --------------- _ --------------------VITO A. MINE[,PE. SCALE: 1"=1c00' PfanningBoarrt STAKE SET STAKE FOUND \NT SET ®= �= = DIRECTOR,DfVI510N OF ENVIRONMENIAL QUALITY JOB NO. Iggl4-0452 MONUMENT FOUND \Y DWG. 140452-final-plat of 4 wag -- ------- --- N.Y.S. PLANE SHEET 5 OF 4 NOTES Young & Young a��W .. o t� THE APPROVAL OF THI5 MAP DOES NOT CONSTITUTE THE 400 Ostrander Avenue, Riverhead, New York 11901 00 \ ACCEPTANCE OF HIGHWAYS SHOWN THEREON AS PUBLIC ROAD5. 631-727-2303 �< A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN Iloward 4'. Young, Land Surveyor �Wo er t3�a�co � , � v FILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN Thomas C. Wol p t, Professional F,ngineer LIBER-----GP----- Jtonatd Robert Pf hl,Tast, Architect Landsca�oe Architect y` PUR5UANT TO SECTION 278 OF THE N.Y.S. TOWN LAW d ARTICLE XVIII Q � ` ' �o. ,m l l OF THE GODS OF THE TOWN OF SOUTHOLD, THE MINIMUM / CO / ' , REQUIREMENTS FOR ALL LOTS IN THIS CLUSTER DEVELOPMENT SHALL CONFORM TO THE FOLLOWING: 5ITE DATA TEST Q ma's / "HOLE TOTAL AREA = 104.3532 AGRE5 � ,� .,:'. ". a mry 114 O-l5 S.f.. _ i w , W j /' ° w, , i / NO. LOT WIDTH =LOT 51ZE70, FEO S.F. Bo H SID SIDE E YARD _ 20 FEET S - 45 FEET TOTAL NUMBER OF LOTS = 12 •:'• �� �`.� <`.3 <` /, ,z ry \` ` -_---�/ / / // _ FRONT YARD = 60 FEET REAR YARD = 75 FEET LENGTH OF COVE BEACH DRIVE = 3,058 L.F. o LENGTH OF STONEY BEACH ROAD = 1816 L.F. 4$ 0 / a` / ti o / / / TEST TOTAL 4,874 L.F. o6t mry o TEST HOLE DATA = (�\ CO WELL 2 BUIL ' w , DING AREA � 433$„$ N7 S � 43�$„ ' � _, � � � � � , l l 4.0580 ACRES 8 ry �--- -� >9 w ti w s.2, �9 37S $0.8/, `` 111334 S.f. / w >F� 3q.2�, �� . STQ �6•s l z 111,664 s.f. „� �•' �__� / \ < / / _n oazm tr ry R, �6 6 \ �6�6 n 2$O 90T 6`�•O Ra Cc 06, / l 2 wo z �--3q 7j4 �$O / 77 4 / // TEST HOLE TEST HOLE TEST HOLE O00' NO.4 NO. I NO.B 6 0 �, Soo, ` Y l°.2 s„T. .ty TEST Z2Cb b 3 �/c- ?3$$ �. 1 >�6 0.0' o.o o.o ;N ` V HOLE �'e6 _ - _ _J 1 I/I / I LOAM �`Rz v o> t7(` NO. 3 C2S <O/ . �Y/ I 4"F L �jO.83 e SANDY LOAM SAND>' LOAM SO— It oOW „\ � LEARING 25 s GRAVEL �66° 0/4 SILTY • 9 N82 11 w of match l ine 0� ��y iNATER6.1' SAND a =m 9 match line •\G\� Q °\�`�v ` Q Q ��, TEST 147' , 1 GRAVEL k"-"�o uz�z �2 AOQ HOLE --I— _'_,►� I \\ ` SAND b 8.O' �o NO. 7 R, �$ �� \.� / GRAVEL e . WArER a4' lei? pp, L=1 cp� 66 6' D°0 ZONING USE DISTRICT = R-80 ENGINEER'S CERTIFICATION ° I HEREBY CERTIFY THAT THE WATER SUPPLY(S) AND/OR �M '010 QQ a a9. '1 SEWAGE DISPOSAL SY5TEM(S) FOR THI5 PROJECT WERE � o 0 Q � �9, TEST HOLE L DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A x? �y NO. 5 O CAREFUL AND THOROUGH STUDY OF THE 50IL, SITE AND S GROUNDWATER GONDITION5, ALL LOTS, AS PROP �. CONFORM TO,' THE SUFFOLK COUNTY DEPART SERVICES GONSTRUGTION STANDARDS IN T OPEN SPACE DATE. �P 5 K �� pp� �� '� a PARCEL A �.O g� co 9'. 1r."SOAA cc z d17, �a s 28.g755 ACRES jH t e. St 9 O HOWARD W. YN.Y.S.YOUNG, NY L.S. NO. 4 -s O� �p Q� v / THOMAS G. NOLPERT, N.Y.S. P.E. NO. SS14� 61 TYPICAL PLOT PLAN mJ so> �WU o 1- �, SURVEYOR'S CERTIFICATION ==og POND S `a9 PROPERTY LINE "I HEREBY CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT COMPLY WITHI THE BUILDING ZONE ORDINANCE OF THE TOWN OF WELL 11, SOUTHOLD, EXr-EFT AS MODIFIED PURSUANT TO SECTION 278 TEST MIN WELL bzoo 2 N HOLE ` i OF THE N.Y.5. TOWN LAW 8 ARTICLE XVIII OF THE CODE OF THE °� J POND 5 6, C NO. 4 N_ Wo \ TOW OF 50U'THOLD." o "I HEREBY CERTIFY THAT THIS MAP WAS M a HOUSE °S HOUSE SURVEYS GOMPLETED SEPT.22,2003 AND TH L \ ON OO, �� s 589c 43,34„W J i MONUMENTS SI NOWN THUS: ■ ACTUALLY EXI i-1, w POSITIONS ARE CORRECTLY SHOWN AND ON,SEPTIC F z AND GEODETIC DETAILS ARE CORRECT." 1 "� �T 2 now or formerly TANK J Q 2� T1 Peconic Land TrustLIJ Incorporated POND 4 (05 MIN. -- -- „ \ N %. z _%FUTURE HOWARD N. YOUNG, N.Y.5. L.5. NO. 458415 � Q Cr!`� O Q�• `N S - s to l- LEACHING ,` LEACHIN6 ��h ,/ POOL POOL o o �N LAND ROAD el �oN� OWNER , � . ti 2 0. COVE BEACH ESTATES LLG „ \\ �So C/O INTERPOOL INC. pNN4 653 THIRD AVENUE, I7th FLOOR _ N NEW YORK, NEW YORK 1101-7 aE o Q O �-, PLANNING BOARD CERTIFICATION 4rimW O 9 \ TEST HOLE w No. 8 s\ LIMIT O)F GLEARING, Il oWo w�" O POND OPEN SPADE GRAPINq& $ GROUND i 01 THIS 15 TO GERTIFY THAT THIS SUBDIVISION MAP HAS BEEN �a APPROVED AS PROVIDED BY PLANNING BOARD OF SOUTHOLD. � q� � \ •� \ � DISTfURBANGE =_ PARCEL � �D moo. I ,•- ca MAP OF =woo y� �\ 51.2552 AGRES DATE OF APPROVAL -------- BY---------------------- CHAIRPERSON GYO BI�GI I ✓TT ✓ b�5 \`• .s �., match line N v f" / match line ,y> ^� �, \\1T `.\ / '" , At East Marion, Town of Southold / !/ Suffolk County' New York � �O� �. POND I a I w D� ���° \\ - -_ _ SUFFOLK COUNTY DEPARTMENT OF HEALTH 1000 22 05 q.1 �T' J `� SERVIGES HAUPPAUGE N.Y. t000 22 03 p/o 18.1 \ _ l 000 22 03 18.7 \ o Count Tax t`,Ia otstrlct 1000 Section 22 Block O5 roc Ia. _ FINAL PLAT O /,p�� / / 1 �O 6 8 12'I6��w l,�t�r ` \ ` DATE C4, _ - THIS IS TO CERTIFY THAT THE PROPOSED REALTY 5U6DIVI5I0N OR DEVELOPMENT FOR COVE BEACH ESTATES IN THE TOWN OF SOUTHOLD WITH A TOTAL OF 12 LOTS s f WA5 APPROVED ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE DISP05AL O r'�� Y \ �o N�\ j __ (, FACILITIES MUST CONrORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE TIME OF / Of ' / \ o 10 —---- O �` CONSTRUCTION AND ARE 5UBJECT TO SEPARATE PERMITS PURSUANT TO THOSE �91\ LIMIT OF GLEARING, N, _ 5TANDARD5. THIS APPROVAL SHALL BE VALID ONLY IF THE REALTY SU501VI51ON OR J�? - DEVELOPMENT MAP 15 DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF TH15 -1L o GRADING $ GROUND �\ 6y DATE.CONSENT 15 HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH THIS oN€g 5O \ \O (1 S ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE WITH OO O IOO 2OO g P'( / Vi �`� 17I5TURBANGE \ PROVISIONS OF THE PUBLIC HEALTH LAW AND THE SUFFOLK COUNTY SANITARY CODE. OCT. 31, 2003 �Yr MAP PREPARED SEP. 22, 2003o a Q�V - --------------------------------VITO A.MINEI,P.E. SCALE: i"=IOQ' o.-�G ` �= MONUMENT SET ®= MONUMENT FOUND Q= STAKE SET = STAKE FOUND ✓0 \ SHEET I OF �' T 'j ,­ A DIRECTOR,DIVISION OF ENVIRONMENTAL QUALITY JOB NO. 19014-0452 � DWG. 940452_final_plat of 4 ma w s NOTES ag Young & Young 83°14'46"� THE APPROVAL OF THI5 MAP DOES NOT CONSTITUTE THE 400 Ostrander Avenue, Riverhead, New York 11901 "890 28•�6� c- ACCEPTANCE OF HIGHWAYS SHOWN THEREON AS PUBLIC ROADS. 631-727-2303 S/� W W A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN Howard W. Young, Land Surveyor ��Q C/ W C FILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN Thomas C. Wolpert, Professional Engineer 11� Robert C. Tast, Architect 4-1 LIBER_____GP___-- a i \ C9 6 Ronald E. Pfuhl, Landscape Architect { I PURSUANT TO SECTION 278 OF THE N.Y.S. TOWN LAW 4 ARTICLE XVIII OF THE COPE O \\ REWIREMENT5F FOR ALL THE TONN OLOTSFIN T SOUTHOLD,H 5CLUSTER 12EVELOPMENT I � -r. SHALL CONFORM TO THE FOLLOWING: SITE DATA - Ssz�p TOTAL AREA = 104.3532 ACRES I N �$�R•, LOT SIZE = 70,000 5.F. SIDE YARD = 20 FEET I I S fl, 6S�5,, LOT W B WIDTH = 150 FEET OTH SIDE YARDS = 45 FEET TOTAL NUMBER OF LOTS = 12 1 I lC FRONT YARD = 60 FEET REAR YARD = -75 FEET 1 o I , , N.Y.S. PLANE LENGTH OF COVE BEACH DRIVE = 5,055 L.F. LENGTH OF STONEY BEACH ROAD = 1,816 L.F. 11 t 4 ♦ \ O, TEST HOLE DATA TOTAL = 4,874 L.F. LU I .(� M/ �<U TEST HOLE TE5T HOLE TEST HOLE h I � E Q \ �' COASTAL EROSION w �* n', NO.I NO.s NO. Z t \ HAZZARD BOUNDARY LOAM >a`o i 1 \ \ \ ♦ APPROXIMATE e SAND SANDY LOAM Ji o s y FINE CLAY 6O, TOP OF BLUFF W \ \ O \ 1 12,15 1 S•f !� LOAM GRAVEL Irvv, $ , \ \ 10 E SAND I GHT OF 00 ♦ ♦ ♦ SS. SANDY a.o' R Vo CLAY HARDPAN u¢u� TIE-LINE ALONG <_ f , ,/ ♦ \7g g?i PALE ZONING USE DISTRICT = R-80 APPROX. HIGH WATER MARK 5AND W A II , \ ♦ \•�0�,' WITH u i GRAVEL �� g3 ENGINEERS CERTIFICATION O4" ems/ GR. TE 20.0' COARSE • I HEREBY (CERTIFY THAT THE WATER SUPPLY(S) AND/OR p0 ♦ SAND 8 5AND SEWAGE 01SIP05AL 5Y57EM(S) FOR THIS PROJECT WERE Jam} GRAVEL GRAVEL OE516NEO B ` ME OR UNDER MY DIRECTION. BASED UPON A a Z rs P r_ ♦ \ �q 7p I 8 FINES L=34.83 �o, 2 ,S 22.0' �J N /\ ?>, 2 CAREFUL ANIO THOROUGH STUDY OF THE SOIL, 51TE AND PROPOSED 3;-p ��, IOa,2g5 S.f• / ` \ ` \ / 16?4 44'F GROUNDWATER CONDITIONS, ALL LOTS, AS PROPOSE CLEARING N S 11 , / ` \ �BS, 9 24•0� CONFORM TO THE SUFFOLK COUNTY OEPARTM ° SERVICES CONSTRUCTION STANDARDS IN EF i / DATE. VA HOUSE lE'O• Jc > 73 p HOWARD W. YOUNG, N.Y.S. L.S. NO. 45893n S G��a3 � t d , 2 , ' ((( THOMAS G. NOLPERT, N.Y.S. P.E. NO. 6148B (�` P g, o° ` S7o°23 TYPICAL PLOT PLAN � mo 'D �s,43,39'F SURVEYOR'S CERTIFICATION sN� =WW -yy / l �l \ ui />7 5 i 99 ' 4 /' / \ PROPERTY LINE "I HEREBY' CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT 11��jj-T (} ` �� S7 o COMPLY WITH THE BUILDING ZONE ORDINANCE OF THE TOWN OF a°"< —1, 1�C� S.f. ,� 3 3 � 5'MIN WELL F. \Jj GO _ ` n .3q. �800 z WeLL Z SOUTHOLD, EXCEPT AS MODIFIED PURSUANT TO SECTION 278 ago ST _ _ _ 7 773, f OF THE N.Y.S.. TOWN LAW $ ARTICLE XVIII OF THE CODE OF THE W �O /� S H LE , _ 1 �D " TOWN OF SOUTHOLD." g \OC O. O� O4 0 ' W l ' o ►� — ' "1 HEREBY CERTIFY THAT THIS MAP WAS Nle 9 SURVEYS COMPLETED SEPT.22,2003 AND TH pi p / rE5 / - o HOUSE o HOUSE mry �' 6j'36' y MONUMENTS SHHOWN THUS: a ACTUALLY EX � v �Q ° POSITIONS ARE CORRECTLY SHOWN AND k I L 'r- AND ISFEODETIC DETAILS RE CORRECT. 0 .p \ ` Z ?$ �' ?$ � ° ` � , y a ���.�..,� .--. �• � " !�c II 43 S.f. IL ./y ilYh.�• wnraE HOWARD W- YOUNG, N.Y.S. L.5. NO. 458Q ty O o LEACHING LEA(H ��� 45&JOJ J� •� 'p�,�9. ` ' r ' � ' 6 , / 2g• , , �J ?s•�/ l` ,I OLE1 POOL Pool °mry / 114 0-15 s f ' ~ ' NO. 2 / i _ , ; �D LAN m . . w o , , \ \ / o ROAD p o 2 / </- / ' , ,� ° i d- OWNER 6 �r:S < J'/6S%34 0 J t /��o l ,l i IO ` COVE BEACH ESTATES LLGCO / �— G/0 INTERPOOL INC. gym= ry /, r $ TOTAL A EA= 635 THIRD AVENUE, I-7th FLOOR �",o6 0) TEST Q 38Q ACRES NEW YORK, NEW PORK 1101-7 � �€ ` p 2p, , PLANNING BOARD CERTIFICATION < �d/ 3$8 /7 ' 115 02�{ S.f.• / WELL 2 , BUILDING AREA , 3{� TEST HOLE mg a��2 N7� �SS >`t' S7`�4{ - l ' r 2 /L ' r 4.0580 ACRES , 1� NO. 6 =w 6 /O� ° 33 $F /� a ' ry ' / �; ry�' THIS IS TO CERTIFY THAT THIS SUBDIVISION MAP HAS BEEN o % ?o' m l :' �' , ` / l OPEN `_ ' <� 5p / , ° / APPROVED AS PROVIDED 8Y PLANNIN.� BOARD OF SOUTHOLD. y �,s q27, _ STp ?6.5 Ill-1,664 s.f. m MAP OF <oa A, c /Y J ' ' n ` o. \ W DATE OF APPROVAL BY______________________ �G, 2'0 0 ry R;29 .26q 0 s6q Y \�S l <.$q , Z / b�1 -------- G OV �3 AG f� ESTATES 6,6, �'�0 Lc OO, 7 07, R, L./ 06, � CHAIRPERSON S n� 3 � J , � J' ,, _ llopo ,� 9 6 '�� N>/° \ o At East Marion, Town of Southold �y TEST �c� �63 6° �� oo' ' ' /' ` �7/6 ; f Suffolk Count , New York • i� HOLE �' � ' �S6 SS' � r l l� ,' I W._, r- x NO. 3 y �\ SUFFOLK COUNTY DEPARTMENT OF HEALTH Ld 1000 22 03 �.I (CLEARING \ 00 1000 22 03 p/O 0.1 2 6 0 9 N66- /, 9 �aa°42'43"E �,s ), 1 Z z SERVICES HAUPPAUGE, N.Y. I000 22 03 18. I O a 4 o Count Tax t•` o District IODO Section 22 Block 03 Lot 18.8 match line �� QO TAT 4`► _ __..-j4S 6� v-, ~ X match line DEC 31 ?0n y p C4, 1 DATE -------_-- _ r I NAL PLAT HOLE p _(> L _ �T � � U NO. 7 °� �. �3.274, I , �� ,� Q I QJ UJ THI5 15 TO CERTIFY THAT THE PROPOSED REALTY SUBDIVISION OR DEVELOPMENT _ �76' °0 ` `' E- FOR COVE BEACH ESTATES IN THE TOWN OF SOUTHOLD WITH A TOTAL OF 12 LOTS `�3S$ L-I O/Sc4� I DtvK \, , Q WA5 APPROVED ON THE ABOVE DATE.WATER SUPPLIES AND 5EWAGE DISPOSAL �l FACILITIES MUST CONFORM TO GON57RUGTION STANDARDS IN EFFECT AT THE TIME OF ) O �„ CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO TH05E LLI STANDARDS. 714I5 APPROVAL SHALL BE VALID ONLY IF THE REALTY 505DIV1510N OR DEVELOPMENT MAP 15 DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF TH15 S IL k] DATE.CONSENT 15 HEREBY GIVEN FOR THE FILING OF THI5 MAP ON WHICH THI5 3 v < ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY GLERK IN ACCORDANCE WITH oN�S 41 &J PROVISIONS OF THE PUBLIC HEALTH LAW AND THE SUFFOLK COUNTY SANITARY CODE. OCT. 3I, 2003 q�N 6 F;-X MAP PREPARED SEP. 22, 2003 ao 100 "ro 50 100 200 0 Q: MONUMENT SET ®= MONUMENT FOUND Q='STAKE SET A= ST AKE FOUND SHEET f OF 4 ------------ --------------------VITO A. MINE(,P.E. SCALE: I"=I0(O' F-1 DIRECTOR,DIV151ON OF ENVIRONMENTAL DUALITY JOB NO. Icig4�-0452 <sC� DWG. g40452_finoI_PI0t of 4 ;o�W s y i NOTES Young & Young N.Y.S. PLANE THE APPROVAL OF THIS MAP DOES NOT CONSTITUTE THE 400 Ostrander Avenue, Riverhead, New York 11901 =8So N t ACCEPTANCE OF HIGHWAYS SHOWN THEREON AS PUBLIC, ROADS. 631-727-2303 �$E__ C �6'64' l60 v I A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN Howard W. Young, Land Surveyor b��< FILED IN THE SUFFOLK COUNTY'GLERK5 OFFICE IN Thomas C. Wolpert, Professional Engineer �N�o $°�208 O Ronald E. Pf hl,TLandscape Architect 77' 73 � L I BER-----cP----- Robert ;p o 0/ PURSUANT TO SECTION 2-75 OF THE N.Y.S. TOWN LAW d ARTICLE XVIII w 177.40, OF THE CODE OF THE TOWN OF SOUTHOLD, THE MINIMUM REQUIREMENTS FOR ALL LOTS IN THIS CLUSTER DEVELOPMENT SHALL CONFORM TO THE FOLLOWING: SITE DATA TOTAL AREA = 104.5552 ACRES /4 9S S 0 �233 LOT SIZE = 70,000 S.F. SIDE YARD = 20 FEET LOT WIDTH = 150 FEET BOTH 5112E YARDS = 45 FEET TOTAL NUMBER OF LOTS = 12 FRONT YARD = 60 FEET REAR YARD = 75 FEET\ �W 77OCT,3 o `0 G LENGTH OF COVE BEACH DRIVE = 3p58 L.F. D� r�0 3.39, S °�8�00 F r LENGTH OF STONEY BEACH ROAD = 1,816 L.F. TEST HOLE DATA TOTAL = 4,874 L.F. tI S w 61 S82°4q'3 m _ , o0 8.8 S 6 0 >F / , N LLJ ry TEST HOLE TEST HOLE s w / , - - No.5 NO.6 c / o.o OLE �/ ' o;o' osNo TOP SOIL < a U /f FY / / I / / m / 114,0�15> S.F. w , NO. 2 SANDY14- HARDPAN ^N LOAM N66°04'4q"W d0 m L t L V =w TOTAL AREA= ` 28.08' h tf !1 j 7.0' HARDPAN '7.0' 0V 61�- Q 3SQ ACRES tr oY lL HARDPAN a SAND 90 z< TEST , \ 0 L � oN L om gyp. / _ - i L a ROCK i Z / , t0 , WELL 2, ! BUILDING AREA , TEST HOLE N85042'4q" O 6 '.o' FprO 115,02q S.F. / ! , w / , 4.0580 ACRES No. 6 - W N i s HARDPAN �< •25''/ / �� NSq°33'38"W /`/75°3 " L O V Io.o' a ROCK ZONING USE DISTRICT = R-80 w OPEN SPACE EASEMENT AREA S \ M6> E'p LARGE BROWN a o 3 4 � _ 58.54' .q GRAVEL SAND a 5.180q ACRES 64 o i u GRAVEL N8� 5q 45 W o TpN� �, ! ,% �, ; ;�j\ 58q Iq 53 W ENGINEERS CERTIFICATION 'i 269.07, 36g0 sq 4 4 i i z �; is LIMIT OF CLEARING, 15.01 Is.o' . 1 HEREBY' CERTIFY THAT THE WATER 5UPPLY(5) AND/OR 7 �� �so�./ 77 06, / - , l / l/oo i\ GRADING 4 GROUND �'' \� SEWAGE DISPOSAL 5Y5TEM(S) FOR THIS PROJECT WERE / DISTURBANCE ' N7/° DESIGNED EY ME OR UNDER MY DIRECTION. BASED UPON A • TE5'T 2?� �.D '?63�. , / <.?3 Oo, � , /, ` ?�/6„ ,I -- DAM POND CAREFUL AND THOROUGH STUDY OF THE SOIL, 51TE AND HOLE <` 566 o SS \ _ _ _ - r` ICI ^�,i r ??g 1� 01 - GROUNDWATER CONDITIONS, ALL LOTS, AS PROP - o CONFRM 70 THE 5UFFOL< COUNTY \ I ` __ 2aa ° , „ SERVICES CONSTRUCTION STANDARDS IN .No. 3 PROPOSED I �. ' - s� CLEARING I / I� ; �� 338.//, - p5°Vy �� O N NSq 1025E DATE. �� jr I N66° •� 042'43"E r / ,'; �t �\\ � ,5�q°06 ��� �Q 85."lq' ��,, c�C�• �'i�i �4 N } Y?rt match line W t o match line - TEST umj r4-7 r� / I` ��% HOLE R C`3?1�rN / 'I NO.•'l •74 / . I ° �L �?� V ry �, HOWARD W. YOUNG, N.Y.5. L.S. NO. 45895 S '� ��DSO O'�b M66�>>76' / °0\ 1 `� \� ?_ i �� lS THOMAS C. IWOLPERT, N.Y.S. P.E. NO. (60 614 ? o L=I 5 ass 0/441 DK` ��\ �.. � � ,' ,Q� pR4F�Sa�©� • TYPICAL PLOT PLAN mho: % ✓ \�Q� SURVEYOR'S CERTIFICATION aYmW . ��� "I HEREBSY CERTIFY THAT ALL LOTS 5HOWN ON TH15 PLAT WETLANDS ` ` S 0.' .D�� PROPERTY LINE: a W / r 0 O 5'MIN WELL COMPLY WITH THE BUILDING ZONE ORDINANCE OF THE TOWN OF .ova TEST HOLE / j / ao ON z WELL z 50UTHOLD, EXCEPT AS MODIFIED PURSUANT TO SECTION 27e, �Joo NO. 5 i - ' 'S Gj f OF THE N.Y.5. TOWN LAW $ ARTICLE XVIII OF THE CODE OF THE �ry Wm w TOWN OF SOUTHOLD." �. '05 00 a "I HEREBY' CERTIFY THAT THI5 MAP WA5 OPEN SPAGF — `�ti 50 a HOUSE o HOUSE SURVEYS GO'MPLETED SEPT.22,2003 AND TH PARCEL / N/// ik� ,\O� 1�.1 ° \� �ry O ° i MONUMENTS SHOWN THUS: ■ AGTUALI E <1 14"p,�Op� I- , — GJ �] /J) of z w POSITIONS AIRE CORRECTLY SHOWN AND N1 � 71 28.�i7rJ-5 ACRES , \ // m I�b�°n 77°S7'36�, �oj�,ypt• W -� STvK AND'GEODETIC DE T6I RGO REGT." z '-� -A 5' 582° ap r to MIN. it FUTURE HOWARD W. YOUNG, N.Y.S. L,S. NO. 458g3` 3 (�S�a o SSs° / in z LEACHING LEACHING ���(� ``V 9\ �' / ,(� POOL POOL ` C A�VO LINE OF WETLANDS AS DESIGNATED ` 9 BY THE N.Y.S. D.E.G. IN 1584 �'8� / \ (30. ROAD (3 OWNER N186°48'55"E _ _ N �° _ \ COVE BEAGH ESTATES LLG = N S7 6g•06� C/O INTERPOOL INC, pa = < Z� 633 THIRD AVENUE, I7th FLOOR '0�g o pu% PLANNING BOARD CERTIFICATION NEW PORK, NEW PORK I101-7 4 520.88' 450.01' tU - q°°24'� 0% 58q 43 34 W N8q°OS'36°W - r 163.77 3' 6�. 6"� THI5 I5 TO CERTIFY THAT THI5 5UBDIV1510N MAP HAS BEEN �<J p' N8-1°08'4( '(°�1 4 ►.x. APPROVED AS PROVIDED BY PLANNING BOARD OF SOUTHOLD. i� 115 now or formerly m O ry S� o ®1 MAP OF Nogd ' Peconic Land Trust ai 0 CO c4 2` ry o� DAM POND D �' c OO DATE OF APPROVAL -------- BY---------------------- Gl.� W � LJ�AGI I ESTATES Incorporated z I r a� a� CHAIRPERSON W rn � r- �• At East Marion, Town of Southold Suffolk County, New York v U � M SUFFOLK COUNTY DEPARTMENT OF HEALTH 1000 22 03 Q.1 V) n — 1000 22 05 p/o 15.1 Z3 + SERVICES HAUPPAUGE, N.Y. 1000 22 03 15.7 SN a e0i County Tox Mop District 1000 Section 22 Block 03 Lot Ia.& s° s7 < t% o o zFDEC3 ZD03- DATE - F I NAL PLAT — 6� W ® THI5 15 TO CERTIFY THAT THE 11ROP05ED REALTY 5UBDIV1510N OR DEVELOPMENT FOR COVE BEACH ESTATES ;N THE TOWN OF SOUTHOLD WITH A TOTAL OF 12 LOTS EARING, m w WA5 APPROVED ON THE AE10VE DATE.WATER SUPPLIES AND SEWAGE PISPD,AL g_. IL r FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE TIME Or- CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO TH05E 4 STANDAR015. THIS APPROVAL SHALL BE VALID ONLY IF THE REALTY SUBDIVISION OR O _ �"� DEVELOPMENT MAP IS DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF THI5 SHEET 2DATE.CONSENT 15 HEREBY GIVEN FOR THE FILING OF THI5 MAP ON WHICH THI5 S ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE WITH ^� z- Q PROVISIONS OF THE PUBLIC HEALTH LAW AND THE SUFFOLK COUNTY SANITARY CODE. OCT. 31, 2003 MAP PREPAIRED SEP. 22, 2003 o 100 O 50 100 200 _ -✓� -- -- ------------------VITO A.MINEI,P.E. 50ALE: I"=IOO' ��x T L3= MONUMENT FOUND STAKE SET a STAKE FOUND ` DIRECTOR,DIVI51ON OF ENVIRONMENTAL QUALITY JOB NO. Ia9.4-0452 z03 DWG. C140452-final-plat i Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard W. Young, Land Surveyor Thomas C. Wolpert, Professional Engineer Robert C. Tast, Architect Ronald E. Pfuhl, Landscape Architect TEST HOLE DATA `sig b ae #. TEST HOLE TEST HOLE a� < W Si' Ni NO. 2 �- 5 E0x.•21 A' .0- GL.•ITA' 00' ' � OAM SANDY PING ]D LLAT LOAM DD' DANDY CLAY HARD PAN DR Yl1TER �A, BR WATER IDD' DANA 1 ORAVEL 1 PING ]]A' 24A' TEST HOLE TEST HOLE SHEET 2 OF 5NO. 3 NO. 4 GL..2DD' OA' CL!36D' 0.0. LOAM LOAM _ 4A' Its �, I\ 1 ' . ' \\ '.,` �' G 614 - ' / 1 `• \\ \\ _ -- I I '� 1 ! S� 10 7S. sr R4 50 / ' / ` _ v1,0 1 euro 0. RI .�3$, OPEN 5PAGE \ / h " ,+,' I I '' \ � , °�0 � BAND 1 a d $ N 9 \\\� I ' \\ ,� �\` , \ \ IE.Iq.l9 \ / \ \ i` / / \ \ ' ; .''�Ab \0�`I46 h ` eµwo DRAveL i 5 r, p e PARG�L A `j v 5 9 O / S S,� - `r+t 1 -yAAv VAV CO 90 _ 1, \ EArHING FIE D 6 1 A '''' / I '' A _ / / 1 Q5 N77°5 �l J wlTM �7. ^ O 9� , q _ ; A 28. 955 ACRES _ A "� p �9° 7'36ry V` t Al, ,A' 4 - _ ]a of le Pev.. (4Tr0 X,'EPF.'DEPTH / ..e. ) V 1 %: ." •1 �° 1 V • D00% �sTORM DR N POOLS V - / " - / / A W IDD• pb WATGR n o' �h7 0A1111 A °•v AA v cA _ _.' V _ / /, A , , l I 46.59' d \ L .� 1\11 I \ \\` \' l0 2 N \ �\ / /, '„� / II 54'21"W .IX . \ p 31 #13 _ \ Trlb582° r yt�V 9�1, o O -_- - \ ( l 1 \ 3 3 'S<tA RIMA - -- ' _ - _ -- N \ _ _ ` )\�\g II O,y @ Ip.lgs, / '� I \ \� l / / LINE OF WETLANDS AB DE(aI6NP\T@eS ,Z 9 TEST HOLE TEST HOLE 3 9 24.So , I - \ `' \ \ / BY THE N.Y.S. D E.G. IN\I°Ig4\ \'., \\, l{\ 6. _ / \ N /O NO. 5 NO. b \ lac.. A!� / \Q.�. i,• / / 1\\\ e. z \ \ \ " / ( \ \ S @ `. �\''• � " • ',\ O � � LP DTI° ]4.50 a I = _ _- - � _ '- \. Q6 Y4 TOPDOIL o4, \ \, 2.98 � 1\ °!GoA' P1-DD' o.o' \ 1 eL•]eA�, O / - le'ASPHALT \ C \ _ tO_O,- \ O�/I / _ �D,� PA On, \.+ \ \ , 1 I - _ _ \\ \\ ' \ _ b'4gs5'E _ .I \ XARDPA _ _ Ory match Ins 1 RCGR / ( � // 1 \\ .y @ \ \ = FEST . \ / - - - \ c�\ \ \ 1 ` S4 „ `` ,D' HARDPAN ,A match line \ / �i�6 POND sII � \\ -- 6� \\ � I�10 L4 \�„ \ � - - - - - - - - - \ \ \\\ \ 4Q5 eR WATeR HAROP IOD• 15Atro RA' VA . / � A y \v / VAA1A• 1 ' \ VA ` \ _ 4.63 OR,YIATER Iso' nrau bD - - 4 2, 1 520.88' - - - - - - - - __ - -_ _ 9 4'5o"W L•xee 5A W� VA` II 0� I 1 1,u - BAND 1 / / TEL-25,65 169.71 61. DRAveL \\ 1 - \ _ \ / 3 156'W IGa' 15.a m�� \N87°08'46"W 99°O \ -T65 Pecon� \ and Trust S DAM POND 85 Acres ncorpgrated Z No. 7 No. e P1 1 \ . _ TEST HOLE TEST HOLE OND 4 Il v 9F WNN \ \mel V AIA III1 A i;. G 612 v I i V /// AV ` /. >V v - A STA aB v EL..nA oar eL..•n' Loan °'°' .� S n N'�• A •�tV� 11 i� RinaPw lol A I I - OVA1�10 Al !I : /,/ '�� v E.uol = eAnm 24, r IB A€P / I LOAM 23, IU 1V oao% ONLEAGHI 6 FIELD F\v SANo dND 1 v hG 9T, / `!/ I/ As`�IVA ORES b REU�SH` p\ ,!hL/ a \-,.�,✓(_ // GB '611 A \ \ (4) IO'9W'X IO'EFF.�EPTH STORM BRAIN POOL5 1 s 1 95 + / ( - s - - v r Ur, wwe STA . � / "_ J - " . 1 TO+1991 A v't / / BR PureR \ A; 1 / ,� .\ / .a � ` � � \ '. / � @• OR WATER P.4' 9 HOLE v ' � v DA ILD o .� \4 T , °\ Ili - - - \ \ I / � J4 \ e r LJ.MIT OF GLEARINB, /" r � \ \\\ \ (l11 '� ql /`\ \ \.. =) \ \ \GR�DiNOA -6ROUN �. .� //� p.E�}2 DISWIRB_ ANPE- 3 2 / ` .v 11 I I / / v � v i•. GB�V0. / / ( DTA v /,•W br�.,)mtaDv '( SIM:♦1¢- ��� _- - - // A - s`S � ^ p�- p�•� ��t�\�I:'.\ � _( .. i /�ry; I' - - - -- , 1 1 \\\ \\\\\�\\ I / Ij% 1 _�•�6'�, - - --__ _-��)I ill \�\�\ � � 40 6 .\\__)�,! ! \ \\ \\ "2- l\ POND � \\ `•Ib� \ \ / -'S • _ 24'QF 34" P P• 0000% , �_ _ \;�_'__-)1-� -L - -_ a / 1 _ _ \ \; /_- IasSD•r.�' \\'=moi. . D+`j6.L`� l` _ F° ono \,,, \ / R < _ .� ` \ _f °}2't6 sy3 - STORM WATER t / 0 Ott / + / _ \ \ / 1 / f 1 re•D. \ , \ \ _ _ \ lT LANms _ STORAGE CALCULATIONS \nII \ l ._�b-- 1 LEAGHI FIELa-E of \ I/ \ •��� S, �� C \\, _ - - TRIBUTARY AREA RAIN COEFF VOLUME / ty _ s o MoLs V = A A A�VA �., /i w v wlM9eR a slze AREA f°iJ R beJ 1 c v /.� V4 T �' .' v .� \� -- � J I _' � 1 LIMIT OF GLEARI�IG, A - ,8 \� \ # 1.1 ?` vvv� __ / - ) 1� A 2 ac 40,'187 2/12 0.25 2099 � ' • OnO� GRADING 6 6ROIND � \ \\\ •\`; \', = ---._ �;I I / -- -' 151STURBANGE � � 8 POOLS IO'EDIA xl0' EFF. DEPTH 2P59 -SA /.�, ` #2 1.00 ac 43,560 2/12 0.25 1,615 d� M41DI / % +0/ / 24-OF IB"FBP / \ / 1Trlb 65 1 •000a% LEACH N ELD'`0 ; 1, - _ LEACHING FIELD B NOTES 4`a - - - _ 3 POOLS 10' DIA. x 9' EFF. DEPTH 1,547 @Y G NIN•O ./ h M DRAIN POOL __ -- I. ALL CONSTRUCTION TO BE IN ACCORDANCE WITH TOWN 0 �' bj `\ A \ 1 _ -- - \ .. �• I 1 5r,A;Is.00 / \� \ #3 1.90 ac 82,764 2/12 0.25 9,449 OF SOUTHOLD HIGHWAY SPECIFICATIONS, P'' G3Y M , �S \ / I \ �"141M•le is \ \„ \ 2. CONNECT ALL STORM DRAIN POOLS WITH 15" PEP PIPE.\10 � bA / \ / \ LEACHING FIELD G 3. LOT SIZE 700FE 9,F, BIDE YARD 45 FEET M� /` 6s \ I (" - 6 POOLS 10' DIA, x q' EFF. DEPTH 8,695 LOO WIDTH 60 FEET BOTH SIDE YARDS 45 FEET see �' ` S- •\ \ 1 .< _ FRONT YARD 60 FEET REAR YARD TS FEET / 5GA77ERED +, 1 '� �s= _ 4. THE MINIMUM SETBACK FROM THE TOP OF BLUFF 15 100'. I3q� pq TREES 6 CRUSH I - - THE NYS a•\ \I - - - 4.72 ae 205,609 2/12 0.25 D,967 5. FRESHWATER WETLAND BOUNDARY IS EQUAL TO THE EDGE #� OF PONDS) (EIGHT PONDS) AS VERIFIED BY R. MARSH AND LEAGHI IG FIELD C @g�B " - - - 4„ 7 a A � \ O O5. LORENGE ON 9/2V03 � 9 J O'OIA. 9'EFF DEPTH - LEACHING FIELD D as i°y (b o 5r�k1A DRA Pooys \ S� O 7 14 POOLS 10' DIA, x 9' EFF. DEPTH 61621 gQ_ F'B" PEP eTTA. I cO '�` O S #rj 3.85 ac 16,,706 2/12 0.25 6,908 RI 2.14 Trlb 64 TLA292 \ I`le 5o z �O� Trlb 63 LEACHING FIELD E SITE DATA _ 4.92 Acres \� RIM•2i k '"',. O y 12 POOLS 10' DIA. x 9' EFF. DEPTH 7 89 b - , -_ 26_ - \ IE•1e.,4 • \ \ o % 1.90 Aeras TOTAL AREA = 104.3532 ACRES 10 ��( 5GA77ERED I \Ae�T.]e]4 ` /� \ .. ' TREES ! BRUSH I \ / #6 0.56 ac 37,462 2/12 0.25 1,961 ` \ TOTAL NUMBER OF LOTS = 12 \ - \ \� LEACHING FIELD F -0 \ \ OPRN SPAGE PARCEL A = 28.9756 ACRES I B POOLS 10' DIA. x B' EFF. DEPTH 1,642 `` \ Ie'A5PH 1-T PAVEMENT91.2552 ACRES OPRN SPACE PARCEL B o = . �^^ -r2 02 sq. Ft \ O TEST `v A VA X6Fas°9Aa A WELL 9 v .� ""'t""' � ", + _ � ' ^ \ TFIb 62 ZONING USE DISTRICT = N.G.V. DATUM (M,9.L. 1929) v , ,��,�o-„" ^, 1.00 Acre • VERTICAL DATUM 0 o'c \ OG `�'i1,920 sq•. FE_ s - ' $� At \\ \ Naa, + 2aoPI5•PEP• l000% ENGNEERSGERTIFGATON r2-20411`k ° \ • I HEREBY CERTIFY THAT THE WATER SUPPLY(5) AND/ORSEKA6E v G PROJECT HERE 43 / 59�2954° /% -\ \I\ 512.52 DESIGNED 1SPOSAL BY ME OR UNDER MY DIREC5Y5TES) FOR TION BASED UPON A 5 F \ \ O \ ` 1 \ � CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND 0o b GROUNDWATER CONDITION ALL LOTS, AS PROPOS .j4' \ / ` �.' // \ RI / ` 7 _ \ I CB 64 _ CONFORM TO THE SUFFOLK COUNN DEPAREY OE V lS 9 Q• N ` me �- / ,1.[�, I\ \ 5TA 400 \ 9 ~ Oh 15 4 W ` R OT' fa( I< •\ Tc•]s 5o SERVICES CONSTRUCTION STANDARDS IN EF �.�SI,dPI 'l5` 'L3 prmP'rl� .s HOW W NovVCOv%ok ` _ 91 \VA 9`,7 �a`- I:�'e�2e'BOLEAGHING FIELD B DATE .�c �Q \ G �^ Or f OWn \ EnIG M• ^ - 5' 0 ,' (9) lo'DIA x 9'EFF.DEP1X /��/� ` t); - 9 9fi y now gr fi ttne r� �'�v bi:��,\ L {�j 1,, , \ \ Imo. 11• ` 1'1 an I / /\ GI,f 15 - O \ \ STORM G IN POOLS _ ,j[i r� ,\ _ V rYi. \ s RIM•STAN. le" 22 G O \" \C" l�5 HOWARD W. YOUNG, N.Y S. L5. NO. 45893nMN THOMAS G WOLPERT, NY.S. P.E NO. 61483 �/G t v 1 / LKLK. v A Trlb 61 Vim;' Jccc. (ivAF 5URVEYOR'S CERTIFICATION 9 \W o SEP• 0.0% GB 62 � - LEACHING FIELD A =STORM 1DEPM ORMN POOLS HOWARD�W. YOU- .Y N .S L S. NO. z I _ like, ij� 4589 • ee yaM 5TA, aWO EC C15 #I ° D - � _ ^ice 1 5O-AINS D9 APR - 2 2004 OWNER op lug/]/ 'M.Ro dY9� � - aIM40eb COVE BEACH ESTATES p EE _ D NYS jZT e•IbRO deg _ � - c/o INTERPODL INC, G59 € _ Southold Town 633 THIRD AVENUE, 17th FLOOR /11��� NEW YORK, N.Y. 1001'1 \moo ,_ - � " 1./� yLIN Planning Board '2003 RGE FINAL ROAD 8 DAINAPLAN 1 } COVE BEACH ESTATES off/ 9B4i (NY.5 RTE. 25 MAIN ROAD At East Marion, Town of Southold Suffolk County, New York D 1000 22 3 9.1 LOCATION MAP 1000 3 00 22 3 p /O Iia i SCALE, I"=600' Govrty Tax Map obtrbt 1000 s°sl°° 22 Block 3 Lot 18.8 r S ED C ROAD 4 DRA I NAGE PLAN u%rrr."ETT PT i-ER TERMS AND CONOLTiONs OF PERMIT i0. I)Vy-0/,xW1 DATEII/ 3 (U OCT. 51, 2003 MAP PREPARED MAY 29, =03 19y G. p - MONUMENT SET 0 - MONUMENT FOUND p - S.1 SET ♦- 97ME `.IND ON&, C 1"=100' JOENO. 1994-0542 OF 5 ���� ' I WGi, G0940452_IO-17-09 Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard W. Young, Land Surveyor 1 Thomas C. Walpert, Professional Engineer Robert C. Toilet, Architect Ronald E. Pfuhl, Landscape Architect Qi Np£ 00A STORM WATER TEST HOLE DATA STORAGE CALCULATIONS aye N TRIBUTARY AREA RAIN 100EFF1 VOLUME TEST HOLE TEST HOLE �:sa - NO. I NO. 2 a NUMBER ° SIZE AREA(,l) R(1!) G V(c i) EL.•9a' a.o- GL.•I1,0' OA' � #6 1.39 ac 59b99 2/12 0.25 2.467 �' 2.0' BANDY PING CLAY 9AlID LEACHING FIELD F So. LOAM Bo• 4 POOLS 10' DIA. x 10' EFF. DEPTH 2,'19'1 BAS, ea' W E CLAY HARD PAN �$� 1.02 ac 44,4312/12 0.25 10 BR WAreR BArm ° 200' SR AAAI coAnee lI '� ° rlNc 22A' 244' LEACHING FIELD b 4 POOLS 10' DIA. x '!' EFF. DEPTH 1,916 - - TEST HOLE TEST HOLE #8 1.91 ae 59pb4 2/12 0.25 29'18 No. 9 NO. 4 S _ e�•me' on' eL.aea' Do- LEACHING FIELD H LOAM LOAH 4 POOLS 10' DIA. x W EFF. DEPTH 2,469 aA, 4e' GRAVEL ° BAND #a 1.19 ac 51,896 2/12 0.25 2,159 9n' BAND e PALE SRAV L ]AND HITF LEACHING FIELD IGRAVEL 4 POOLS 10' DIA. x 9' EFF. DEPTH 2,189 583.14'46"E lea' No vureR ITA' #10 5.23 ac 229,819 2/120.25 9,492 LEACHING FIELD J 7E57 HOLE TEST HOLE - - \ 14 POOLS 10' DIA, x 10' EFF. DEPTH g9T9 NO. 5 No. 6 - -� - O TOPSOIL OA' E-.9D' OA' 0.91 11 I ' -- - -�. S # I 0.93 ac 31,999 2/12 0.25 1925 LOAM HARDPAN -_ !� HARDPAN 1 BAND \ - \\ LEACHING, FIELD K HAROPA 2 POOLS 10' DIA. x 10' EFF. DEPTH 1,969 6R wAreR ° Rccx lap' 9n II I / t�Ali•� tt- _ ,` / -% A�o�. .,. v 8• rt, aia varen Ila' SAW 4 I A- �• VA �_ U I '�V A`• A #12 L02 ac 9q�9q 2/12 0.25 3900SeAVTL 1 LEACHING FIELD L 5 POOLS 10' DIA, x 10' EFF. DEPTH 3,421 yN, AA ' \ \ #15 3,45 ac 150,262 1 2/12 0.25 6,262 FE NOHOLE TESTI HOLE \' \ CO' EL..9!' LOAM ON I -1 / _ • :I Y/ /� \V A \ S, LEACHING FIELD M - .. ON BANDY I \ 1 12 POOLS IO' DIA. x 8' EFF. DEPTH 6,566 LOAM 2s, COASTAL EROSION - - #�[]: 1.36 ae 59,242 2/12 0.25 2,M°6 BANDe HAZZARD BOUNDARY I\ i \ // A 'V A del-/ LEACHING FIELD N aa.WATER 6'r eR.wr.reR a4' APPROXIMATE 4 POOLS 10' DIA. x 10' EFF. DEPTH 2,'139 B.O' ICA' TOPOFBLUFF RIGHT Of' WAYI - TIE-LINE ALONG - Jr- 3 / \ / .1 , \ �, i, /sr•?4?' APPROX. HIGH WATER MARK r�ss�'a0VA'` 1 r A `7 V v . , yA V ��p�„ y N,v � I Trlb 0I4 �i, �` I" �\�\ 111 \ \ \ � /Fq /o JL 1.36Acre64F S 045 \ lr ani )vA R=25.00 __ � �I ;\ 1 q � 1 A / I � /63?, L �+ PROPOSED _ I I08T '. v�,vV A'.\\V I v� V _ �4 �i'��F J��J� / GLEARI NG _ I ` / \/b \`l A \1 _ TA,2.00 VAAp VA V �\ RIM-5025 / \.y^I = -ice, - HOUSE \ \ / ` -- _- -a _ ` $ f� LEACHING FIELD . oaf _ f.9S�✓ (�/ / / T �. \ \ - 50/, 9 3$?"F J/p 0.4 N STORM DR4N POOLS _ _ \ O I I> I2J�Y'LI I \ LEACHING FIELD M (12) OF DIA,x a-EFP,DEPTH I ' V- A ' �' _ ' / ` ` STORM DR.IN POOLB ` / '> ` GB #23 v A24'of la"1 ��e 1 *�ro V / - 'V l_ - - _ _ I'D - _ - $70. \ EPs \ STA.4n9003 4 .\ .000Af TO.2920 ./ / 6 - •4$, `d " \ IF 2410 - 0 � 1 LP STA. MSOAS k �, \`} \` \\�� / // CLE / / I \ \ 8 16 ` ��\\ _ - _ 2?7.7S, g b 0� 0�8J0 O \ �� � P28 NO, i NO. I / l \, �I- - 'a - \ ; \ 41 \ PVI STA c l^/a\, l\ `= -2a - _h�� \ - � - $7/°O 502• es t` p EL•2Cas _ 'O k ` so ' ;• \ .� / , r, \/ \ - \� \ _ 2 f'?/" ` QO\ / i `.. / ' lO � _ 1 I CCL _ \ \I $ / TF'Ib 1112 " r';/ / /\ - 22-� � / - - � - -� � -� � - � � � 0 TFIb NI3 ° t , / �s / /-� \ \ _., _ 576• ` O ( . 9-zr rol BrA d.0+w9s /4 .45 Acrae _ _ p -99 1 lr�eo B I t / l , , A I / i/ 1 I .. l r as `O I, / ss ' •`r - V - _ - - - - / -T 6_ - g // , CLE 1'ti r . g I#A'75 s:P\ I / 1 / NO. 2p5 S - 9 l6`%L p - - - - - _-\ _ _ 3 N-_ UL. - �� v � - ez TATA A A= V - - �'V� N62b.08a �aa r" UFV �- N 0 0 r, a LE N FIELD t ..- qq 9.'238_9 A RES a Bro DId,T+� La / / I5 29 9.f1 / .' TEST 'F.-_ A > V A A V _ __ - • l "�L L _" ( /�'•\. '1 I 11 'C // •� /�, � / / AMILDIN6 AREA 'r ' i - � TEST HALE 6 0.-13 Acl'06 \ !� \ GB \ V (s) GIA.x-TOFF n v -- �I STA, 9o.ru r / , 4a:J550 ACRES _ 6 -- " I WELL 2 R Trlb II v v= �ITI�I / 20, - I1 , ' „ i / `"/ / I \ //-- a `/ / =NB�f'39'8$W_ N 3-°•�7 V �'A 24'of I� I I a -��_ / , IO Pb EL.IBA1 - A i ��,� ... :,;, _- ._r - I ( '� / s _ O 06 / I / .� IEa351441 � I � A Vim\ \� ��Lq ��T , I �� /� I � �.�. � I ���,i „ ( / a �.... T1: 1. 1� _ \ STA.29 . T b _ OPEN. 5 E Ef+I l / \ LEACHING, ID Br�i ,5 I ! _ i ' I 31809 ACRES T 14EA eL•Ie.n t' 1 \i !��q (2)\uo•DIA x G2EPF4 PTFI/ 4 9.f. / /� - / 1 - ` 1 4 �Y 589°I9'53,� ` ✓ 9apT,,,pLlf=fLT.-OFGLEAf21NG, Sar roRM DRAI ooLs I .� l lel..�al GBJe 1 , 1rlb •10 , / / 1 t/ '° 0• / V , Gil GROUND ` DAM �/ Acres / �• , l - �' - DSM POND 18.29.0 TEST l m / 1 \ TG.ID,r1 7 / ( .: ' , / 1 / I I - _ .���„__.. .3491 I A 1 OLE 'I ' RIM.IB.3'I 1 - -•. A ( 1 - � / � Ivlbrfiro +� E.Hs9 2a•bB le•P€P �� r , 1 V V •, l / ' 22g• -='r - - /'___ -' � / / A \ x.21 � ,� os✓ � / U; I 1 Vuj J8y >0b \ \ I / / F P _ / n� / v Df 8�(7 -CV8 9 / ' w, ,5rw.7121gs t ( / 0/I N89 J 20- \ i ti 6 O rc•26AB I ,A v (P P � (Q 1� v LEACHING/ EL �? Of \ 1 / A., 'O RIM•26Aa rsl`lo_vlA:x 9'rIFF,derrH v LL WIG ESL 0 DUj //'r = A 1 V A A I C6 �A , �N . I -_ A�BroRM oaAlN Pp / . �j ' /; / .- l V (14) 10• 1A lo' EFF.OPP�H__ -_ -_ _ _ A I / a 1 ; A ' A II• I' N g W� 8k16 I arowJ RbINPools - T �/ �1 e� ENGINEER'S CERTIFICATION 01" Vb° l 1 (( 0 \V'AI V 1 1 1 y. - V \. L_-__ _ A v , I, / I - - q5 - - A ti �_� bA d 1 ;r Up S a> A V A R "-V� AV / A V I A V I - I� / �, . I HEREBY CERTIFY THAT THE WATER SUPPLY(5) AND/OR rd - 5EVNAGE DISPOSAL SYSTEM(S) FOR THIS PROJECT WERE yp VA I ))AVAA A VA A ` �, A IE•22�4 Le�iw,HII G FIELD SrA. IBw19T A \V,A1 •, I / j � A• 1� V � 11 , / @ DESIGNED BY ME OR UNDER MY DIRECTION BASED UPON A n � 4 •B3T V /o-/% / ,- AA V A V '' N CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND � A All - /�,.r . ' / 19To0 vR(.INNPooLd /�// / (/ \V A\ IE.1499 I `•A `ti / ., / / _ .VA „ ' �' V / '_ VI1 �. • /// 1 / - GROUNDWATER CONDITIONS, ALL LOT5, A5 PROPS - _ Oct` P X49 A` - ' `I \ ( -\ W 6, CONFORM TO THE SUFFOLK COUNTY DEPARTM D H bVA •✓n P' 1 A 1 1 SERVICES CONSTRUCTION STANDARDS IN y e16_ 1 2,4.OFIa' A%p F, A 4 v � Per• rbc I V _ / -_ - __ � / I 1 /I 'I d / - -/' V tlT DATE "V 2q °V' j ' Trlb pB 14, �.6 / �.A / I - -� \ I v\ I \ @_ __ � v 11A 1 WETLAND5 '� / , I 1 I �' 0 V ' � V •� °• / ° 1 �=~ \ � ` '- -- - A I � ,;'' / , N°� \ � vAA V 1.91 Acres / 1 \ v V '. _ resTHaLE �v 1 1 \111 , // '; 7 / �v- v % X93 vh r 1j11V' V '4= �- v A � / G •14 / / v V A _ - ' l I 1 'I ` I m• / � Q` HOWARD W YOUNG, N.Y,S. L.S. NO. 45893rr 1 A\ /A,o ' VAt I 1 aT 2 1 _ / V A / 1 I 1 ,/ / ) I _ us . h°Q THOMAS C. 1,401-PERT, NYS, PE N0. 61483 A A V � � A i / / I � aQj � IIFI 1Urj/ � q� � 2 I'V A A --o�A A 'v`A � �'lN � RI�.y9,BT 1 OPEN SPADE I v V .• La ' / I II `, r / l l - i � _ _ . b N �-�.� -121 <��� � 96� .. \V V / •A 8 ,1E.9.19 EA�h1NG FIE1 D G PARI A \ - 1 � l 1 8 (3• \y\V A VA\'VA d _� ? 2a OF le•PEr; : \ (4rro�i�xr@PrtePTH 2 . -755 AL:RES ! I V ' ti/ / l .w ' _ I / .p 1 8 7°$73E''W �'� SURVEYOR'S , \�\�\ NI O - --y . Laooz \?TORn u"^'\N POOLS I I \ ,' // �- - - - -- / .'' / \ \\ 1 , Bl W Gil CERT F GAT ON o 7 1 v �, UL - - v V - / , - V ', / I 46.53' ��� L (� � �' � 111\11 I •` �� Vv � v N� -Bv %� �>,� GB 613 '= � vAv TNG, xb A I A i / _ � /i,� /. ' �• . A ` Av 1 'il 502.54'21"W �lpgr / � tj - g TO,y;,srA.24.w� " A 1.3l Acre A / A � � �0i.. / - /�` - v `,• A '' w qS ° µ ry' p:.0 f11 N �.L p• L�VAV PO M I V N N� ��l �,° RIM 3s _ -/ . \1 \ \ Vim• _ _ . . _ _- __ - / 1 i _ _ i LIN�F WET�ANDS A5 EEslll s" � 3? 3` 2 A / IvAA l9� � iA B N.Y. NII°is V A `V ` @ / � V � Y E 5>D.EG I A 8, `� � @ � / �� s vv\V�i�. ; )AVAA O 'l• l � \\ _\ 16 ASPaALr � �� A _ - - � - - ( .. b '\O .v '°v A _ A A v \ 2.98tp p S - _ - r eL.2ea'ti, V o / PALvE�+eNty A\ AV b°4B'55''E °36' F?W -� �y6 \- \ \ HOST \\ - _ -_- -_ - _ \ 1 \\ c,� \ - \ \ $ '456u _ c\ 1 / �Pv i ��\A1 I Vv \ VJv1A µµH,4p014 v.� - v�' I_ 'I _ ' - _� 90�° match Ilne �) mOtGh ne \VARA .1\II I 11� vAAV �• A - -- A A ��•� HOWARD Al. YOUNG, N.Y.S. L5. NO. 45895' `" % j•: L�n� Fda, \ \VAV /ivA1Q1111 lI 1 \ \ / - \ __ POND `:AV A.• - H i sw 22 cei V - \ 520.88, .63 W / \ 6" // \ - - - - - � 24�� 81 O• F�,, -. ,.Vic•/ $€&� \ \\ 8800` -- \ P.n IA�E��al4ei \ 1 1 / 1 / \ - - - - - Q, \N87°08'46"W i\ 0. 5,1'190,456° '6 1.(,ISV `1% 'G�e 1 Vv r� v now 1pr1,formerly Tr1b #5 Fel and Trust \ 0 a: v v v v (V OWNER €s v;vv` 6 vvvv / v o DAY POND T Vv,�\ V�\' ,I R\11 •, Av'`,"`Ia ' �'r�' - _ ' A �5, AV .05 Acrae Incorporated V Lv z / �� s1 S 1 `VA� \ r A - _ _ �\ v_ -- _ A _ .>.. I 1 \ / / v / GO CIO EIN ERPOOL INC, 5 8�� 90 A \VA �6- I \ 1 POND4 VIII SAV _ _ � �_ - -`•, - _ I A / v` 1v I I 633 THIRD AVENUE, 17th FLOOR O n Ate ��� el V v �(> v b \ F. W N V"� NEW YORK, N.Y. 1001'7 v O O @� v.A .��V v /// A\ / ^v Av v v STA.Iwa92e j' •v / I *.' N 'p � ? • ,� 11 _ - / - _ v \ 0. rc•w.91 A l I i1. vVA ( jvAQ VP; V IRE-14.01 \ - 2 m ` i glAv,.11A SGA�,TERED_ / • /�- r a��/�oN l/ I IV �.�A / IDD R\ V AGHI FIELD F o FINAL ROAD DRAINAGE PLAN LE GB #I I STORM LRAIN POl SEA. I 9�, y �20_ _ _ ; __; At ` " ,' m COVE BEACH ESTATES 9T HOLE c� At East Marlon, Town of Southold Suffolk County, New York SHEET I OF 51000 22 3 9.1 1000 22 3 p/o 15.1 000 22 9 I5.8. I Gourot y Tax Map of,m91 1000 s°cN°° 22 el°9x 9 X91 18.8 ROAD 4 DRAINAGE PLAN N v e IN E c 6•b3 APPEG,P, AS PER TERMS alp AND CGi1Ddiim?;S OF aa OCT. 31, 2003 Ba 'PFe_U,r.T D1».'' 3�'d3/10x0/ MAP PREPARED MAY 23, 2003 @eyEs u DAiE SCALE, 0 - HarvuNexT SET 0 - NorvuNsrvT raurvo A- srsxe scr ♦- s*urs rourvo lq-14- ��� JOB NO. 1994-0942 OF 5 DWG. GOg40452_IO-19-03 Young & Young 400 N Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard W. Young, Land Sumeyor Thomas C. Wolpert, Professional Engineer R.inert C. Tast, Architect Ronald E. Pfuhl, Landscape Architect �@5qa Yi@8 HI6H POINT ELEV • 25DO H16H POINT STA • '1+00 S PVI STA • "1+00 PVI ELEV • 25.10 20.90 so' EXISTING GRADE m I-ROP05EP GRADE a1 .� •,V , - I -0.°00% 0.. _ -- - - -% _ - ._ - - - - - G # - - STA.4.00 / Sol \\ STA 044405 IE•1580 _ E 1630' GB '#4 Z N GB K2 SO-]5500 / RIM I V,1 / Q (V STA 0.4405 RIM 2250 - - / I T.G. • 31.16 IE•I5.56 E- 4.15 0 F E. • 153a' 24' OF 15" PEP ^ / U LEAC, FIELD 5 O 0.00'04'o LEACH N IELD D UWl q LEAGHIN FIELD A STORM P.IN9F001.e `STH 1 STORM RAIN POOLS DEPTH 0-PIA 14)-- IA. X .N' EFF., DEPTH z -ST M DRAIN POOLS _ - - - - ty z GB #70 ` ll d) N \A ITI °a d1 o p O � O O � O � 5TA. 13+00 rvO N rvry Nry NN ci ryN Nm Nm (W`lm (IM ryd' ry '� (mV 't Nm ry 'd' F4 It m TG=15.65 O 1 - ry N N N N N N N N N N N N N ry N R I M= 15.15 DA77/M ELEV a.o � IE=14 15 \?O. \ 0r�1 - - - PROFILE OF GOVE BEACH DRIVE SCALE: HORIZONTAL I" = 50' VERTICAL 1" = 10' LEACHI G FIELD - (&40' DIA, 9' EFF. DEPTH 1 \---- a - HI&H POINT ELEV • 25.00 576*M DRAI 1-001-5 HIGH POINT STA = '1+00 24' 1 %5" PEP g 1.000PV1 STA . '7+00 \ PVI ELEV = 25.10 PVI STA • 10+00 1 PVI ELEV • 2590 so• \ STA. 10+00 _ 3.24 #5- - -- - _ RIM?22.44 v A lecNl PROP05ED GRADE I E=18.50 U ry STA. 10 O °'°mss 7r,=.25.2 k \ - - - - - - - - - - - - -- - - - - -- - - - - RIM=22. - - - - E= 15,74 - - - - -- - -- - _ �' -- -1550A, -- EL=2 O -n - - ' AGT=23.24 1: 5TAA 00 LEAGHIl IELD G \ - RIM=2214 (STORM DRAIN PO LS EPTH I ,\ \ 05 a6o 5TA S. LEAGHINC IELD D ` ` O 5TA5To'TA. 15x00 C' TO.2524 RIM•1515 (I4) 10'01A X 9'E P.DEPTH RIM-22.14 ll STORM DRAIN PO L5 O E.Ib sO GB 06 STA 15100 j \ ` TO•1565 \ 161 ASPHALT PAVEMENT C3 mE1-1`;915 \\ \ m115 mi0 QO QdJ OIiS QN � 6 � Sl mN n1111 - r OW r (V rd'. 4U) �! � n - d v a- r r - -- - ` Nry (NN (v (m'1 NI IN my N (v rvN (dry N C41 - O - Is - (A I- PVI STA: Y \ HP EL 5.00 1 X Y Y Y X Y Y Y Y aP PROFILE OF COVE BEACH DRIVE %ttea 2i�sY ! SCALE: HORIZONTAL I" = 50' v \ VERTICAL I" = 10' 55 lid 24' OF 15" PEP ia� LOOC r ' \k00 GB #2 / I \ CB #4 C� STA. 0+44.05 STA. 4+00 \ TG=21.16 /\ TG=25.50 LEACHING FIELD A 0 s', �� EIM62o�66 RIM=22.50 E=15.56 LEACHING FIELD B (5) 10' DIA. X 10' EFF. DEPTH O STORM DRAIN POOLS a � . O (3) 10' DIA. X 9' EFF. DEPTH p W \ STORM DRAIN P001-5 W GB #I p PROPOSED ��� ENGINEER'S CERTIFICATION STA. 0+44. �k 015 - 5' SIDEWALK - / \ _ 57A. 4+ k a .,\ 7G=21.116 HEREBY CERTIFY THAT THE WATER SUPPLY(5) AND/OR SEWAGE DISPOSALER M FOR THIS PROJECT WERE \ RIM=20.616 DESIGNED ME OR UNDER MY DIRECTION, BASED UPON A n �E RIM=22. t CAREFUL AND UNDER THOROUGH STUDY OF THE SOIL, SITE AND >I 8 IE=16.210 GROUNDWATER CONDITIONS, ALL LOTS, AS PROPOS SERVICES CONSTRUCTION 5TANDARDS IN EF CT_A' THIS CONFORM TO THE SUFFOLK COUNTY DEPARTM OF HE DATE - f i-\ 20-210 � 210-61 L).400% --_ - HO^ NY5 P.E. 63, 4 c1S SURVEYOR'S CERTIFICATION 05TA: 0+00 - \ - NT EL=20� _ 24' OF 15" PEP g 0,000% V N ° \ GB #2 \ 9W , . \ sTA. 0+44.os INTERSECTION �., OF COVE BEACH DRIVE =� ' "�' 4 (MAIN ROAD (NYS 25) T.G.=21.16 `I R Mc20,(p 6 HOWARD W YOUNG, N.YS, L5. NO. 45895 LEACHING FIELD A SCALE: I" = 40' yWs _ --- - (3) 10' DIA. X 10' EFF. DEPTH - STORM DRAIN POOLS _ - __--- - --- _ - COVE BEACH FSTATE5 c/o INTERPOOL INC, se _ 635 THIRD AVENUE, I-Ith FLOOR NEW YORK, N.Y 1001'1 I 5TA 1 0+00 FINAL ROAD & DRAINAGE PLAN - _"-- _ -- - INT EL=20.90 _- _ -- COVE BEACH ESTATES = r 0 - STA. 0+44.05 At East Marlon, Town Of Southold T RIM 2066 County, New York T.7.r..=21.16.=21.16 51I1000 22 5 a.1 I.E.= 16.20 1000 22 3 C/O 15.1 1000 22 3 18.1 PLAN County Tax Map District 1000 Section 22 amu 3 lot 18.8 I � �� � \ ROAD & DRAINAGE PLAN SCALE:I" = 50' w v s n [ c 'APPRO'di' %� PZR TERMS e• 5 SAND COH➢ET fC1Js OF PERMIT i)o. I3.3'-0.!/o cco DATE IY O MAP PREPARED Or 31, 2003 epi. 5a • SCALE AS SHOWN MONUMENT SET MONUMENT FOUND A - SL c SEl A• STARE FWNO � n JOB NO. 1994 52 1 501:25 Il C0114045210-11-03 Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard W. Young, Land Surveyor NThomas C. Welpert, Professional Engineer Robert C. Tait, Architect Ronald E. Pfuhl, Landscape Architect LOW roINT ELLE. IpACF LOW roST ETA• 1 �4b PVI DTA• 1645.14502SBE PVI E. - • leaf] PROPOSED GRADE 'K- bUllKIM aj K. 2eeeT �. btlaa E.E. ti W� _ = W E DD' - - - - - g 7TA i# TO -- 1 93_ _ _ _ __ _ - 1 G=26.98 \ GB #12 RIM=26.48/ S I E=22.48 0 5TA, 19,54, RI=1951 ` 11 To' e J # RIM=1P QI - - / ,) \ a #I6 I I / - GB 7 LEACHING IELD D - - E=1x.51 \ LJ a 15«0o LEAGHI G FIELD E TL=IB 65 (12) 10'DIA 9'EPF DEPTH N RIM=IB 15 na) 10'DIA x 9'E F DEPTH STORM DRAT POOLS LEACH I G FIELD F -I �1 IE=1415 STORM DRAIN RODL5 \ I STA 7+21,8J \ 05 #QJ GB #Q GB #10 STORM OR IN POOLS �1 � 51FSSIC STA I6.SS OT STA 16.55.0'1 (a/ O'DA 10 EFF OEPTN TW=269a I I TL=10650 TL=194T TC-1541 J VA -'RI RIM=1815 RIM=1297 RIM=1291 _ M=2� 48 \ / _ E•Ia 1s IE=B9T IE=Bai \ IE=22 4 1 \ Irn an r � r � Nm v � cmo � ry0 LIN ryTt � cp upi � 43 rt- � N Nz ry `r m41 0 �9 OF OdJ LEAgHI G FIELD/H/ \ , / - W - EIJ - r _ r - � - In - 'v - '�' - n - n - � - � - � IN IN (V N n - - \ i %� - - - - - - - - - - - N WN ryN ry (�V (4) 10\ DIA X G" •i F. D P Haj P la SID ED IN N IN 24' OP 1a" �' V !i EF PEP @ ° S '22, PROFILE OF COVE BEACH DRIVE I 000�Q ti SCALE: HORIZONTAL I" = 50' VERTICAL I" = 10' v I Q I 1 NIGH POINT M1N.2 Ml ^1 Hl POINT BTA.22HUll LON MDIM MI-I•ODD36 / PJI BTA•=HII6.14 LOW POIM'DTA.24M50 \ O \ \ G # 4 / \ P BLEV•2eA49 PVI DTA-= Aa,•e,•loo rE1 MILE• 25.Tm EXISTING GRADE lO K. 14.TOD Aa.• 2400 ° r ST 24+50 PROP05ED GRADE 20GD9 TG 23 a7 I t- 50' RI�=23.5✓7 E=19.13 1 m q : s 9 \ ry ry - - - -- -- - - - - - - - - - - W IY 1V \� 6 EA�HING FIE D G � � � a � � � � - - - - - - - J / 1.200% - - 24' OF Ib" PEP 4T(0�91A\ X 7' E� FJEPTH ��- - - -=100% - 1,000% .�\ \STORM DRAkN POOLS - GB #I ✓ LEACHING FIELD H Ie'M=2,45 STA. 24+50, ^ \ \ \ - GB #13 LEACH NG FIELD G (4) 10'DIA x D'Epp DEPTH GB #16 ETA 24r5O STORM p IN POOLS STA.21,21,a RIM•2S97 5TORM OR IN POO-5 RIM=26.40 TG=23.82 „ 1 T6=23201 S97 ra) Io DIA xT'EFP.DEPTH rE'222a GBI o PVI("ST�: 24+50 \ / .05 61 RIM=2BBT EMP 15 L=23. 2 V "T V A \ LP STA: 24+50 6' ASP�4LT \ EL=23.b \ - 0 \ \ \ N N N r N N N N N N N N (.( P.AVE`L-NT \ �o o � of oLo or our �? T Inn U1dJ Qn - W Qln Q - Qr Iqn Q � Qin q - \ Ery Kn '0 't 'z 'D j m 1n m .o IN4 m 10 1z m ,6 Pr pr pEp pv' \ \ \ \\ \ rvN ryN ryN ryN ryN NN ryIN N (n`! NN N NN ryN ININWN mN m (4 mN $ 4 4 °1+� 4 + Q 4 1 \ IN ry N N IV ry N N N HP 5T\A: 22+63.49\ \ ry \ �6 \ PROFILE OF COVE BEACH DRIVE 0 EL=25.85 p \ - SCALE: HORIZONTAL I" = 50' \ V V�C� p� \V V VERTICAL 1" 10' PVI 5TA: 22+56.14 °� \ \ \E 26.05 \ \ \ CAST IRON FRAME a COVERCAMPEEL FOUNDRY, FIAT, NO..I00lGL OR APPROVED EQUAL. Rg #12/ ; ;�'i�, i,;.�,vl ems. ,m���4' I v. STA, 19+59.2a / Y11_N��HE CAST IRON FRAME t GRATE CAMPBELL __�,�, FOUNDRY, PAT. NO. 340'1 OR APPROVED \ FINISHED GRADE EQUAL. 4000 1-51 PRECAST CONCRETE bv` \ 24' fJ� a�PP ✓ \ \\ E= 14,01 / BOX AS MFG. BY BUFFOLK / ��j• GEMENT OR APPROVED EQUAL. 1.000 0 \ C \ €�-6 \ \ \ \ LEAGHIN FIELD F GROUT AROUND e \ ENTIRE PIPE 3 H GB #1 1 \ (4) 10' DIAIX 10' EFF, DEPTH \ CAST IRON FRAME t COVER TI' 1 CAMPBELL FOUNDRY, PAT \ STORM PSRAIN POOLS PRECASNO. 100"76 OR APPROVED EQUAL. 57A. 9+59.28 / R NG ASTMFS LIBBYWALL TG= I9.5 \ 1\ \ / DRAINAGE PIPE CARL50N PRECAST R APPROVED EQUAL, �2 M= CDCI \ \ ° IN 6.0 \ 4000 1-51 PRECAST CONCRETE \ PRECAST STORM U DRAIN RINGS AS TRAFFIC BEARING DOVER o � 4500 \ \ \ LgMIT OF GLEARN-6 > PRECAST OR CARLSON f \ APPROVED EQUAL. •.-4BOX AB4000 BMFREC ST COLKRETE \ \ \ \ \ \ \ \ \ �� N/D O❑❑ NITQ 00 GEMENT OR APPROVED EQUAL. 7, II TURBAN moo® 2410 \ �`•� CSBIQ-__ - ENGINEER'S CERTIFICATION \ I TA. 16+63,74 -- I HEREBY GER71FY THAT THE WATER SUPPLY(S) AND/OR 1111111 1111111 1 EL- 3-b' II \ y \ 5TA. 16+55.07 STORM WATER LEACHING GATGH BASIN "° € q� Illi,li - 111 I o LP Y�T�:/ 6 55.0 Y - , ° SIX. R h' =24, NTS PADEPTHS EPT co9BREAV RTHAN P o" 5H LL HAVE v To A GROUNDWATER CONDITIONS, ALL LOTS, AS PRDPTS E ON A n De Ilohll I;I?;11 \ l O\ _ EARTH OF v LL NOT Be DESIGNED BY ME OR UNDER MY DIRECTION. BASED UP Illy n' - ALL HnvE rvIRE CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND MIN V FETICAL o z a ALLECONORETE�To BE 261 AT e ,Arvo z SERVICES CONSTRUCTION STANDARDS IN S-• ^^V a 51 LEEDS EL=" 11=-_ CO., n MIN.COVER CONFORM TO THE SUFFOLK COUNTY DEPART FL}IIE /' - 3 5TEP5 REQUIRED WHEN O" i H \ � o ��� \ � 6 _ -- _ - o0o DAYS. DATE GO $x r - 11 ED ED o STORM WATER MANHOLE �G0 Ile,W r i' u l " . 24' F 24" PEP � 0.000% i o e. - :_;;.�"1 t NTS HOWARD W YOUNG, NY,S L5 NO 45893n �F`� 6j¢{}3 CV ��^ \ THOMAS G. WOLFERT, NY PE NO. 61463 OF^ G p9 CSSI h\P CAST IRON FRAME t GRATE CAMPBELL FOUNDRY, PAT. NO. 2511 OR APPROVED EQUAL I o TG SURVEYORS CERTIFICATION RIN-1 Of 7� A A� : A \ i/ - - �I��Uii� _ 1 V IE=b. 'i;'�11 d CAST IRON FRAME < COVER CAMPBELL ROAD DETAIL AT INLETS _. I '1111: 11,1 ,, 1 -!. 4000 PBI PRECAST CONCRETE S• _ FOUNDRY PATTERN NO. 100'16, OR N (12� �0' DXp. X: cJl � � � / ( 1I) I II(, EQUAL (ON INSPECTION POOLS ONLY) A� G L y NTS 5'rORM A7 F'!AXh�OOL,S - -. _- BOX AS MFG. BY SUFFOLK CEMENT ( OR APPROVED EQUAL. LIMIT OF GLEARI G, A`��� Vv GRA-/, N6 4 IJROW�ND `-� ' CAST IRON FRAME G GRATE HOWARD W. YOUNG, N.Y,S, L5. NO. 4589E 1 �J \ \\A A, �\ �� CAMPBELL FOUNDRY, PAT. DSTU RBANGEv A\Vv� �A \ N0. 25110R APPROVED EQUAL �D PL COVE 5EAGH ESTATES eo OWNER FINISHED GRADE c/o NTERPOOL INC esa FINISHED GRADE # 4" x 2'-e" CONCRETE DOVER SHALL 653 THIRD AVENUE, 1"7th FLOOR 3, F 13 / \ BE SET I'-O" MIN. BELOW FINISHED NEW YORK, NY 1001'1 2E'-o" 15'-D" ' 'o /- I ° \ GROUT AROUND GRADE O - 0 57A. 3+00 DRAINAGE 4000 251 PRECAST CONCRETE ENTIRE PIPE �I 1 TIG.--��'�.65 N PIPE TRAFFIC BEARING COVER �i S D° a D, RIMIa.1 FINAL ROAD S DRAINAGE PLAN SLOPE , C ET 4.15 MA% 24' OF IB" PSP O \ 4000 251 PRECAST CONCRETE ,PRECAST SOLID WALL COVE BEACH ESTATES O.O D/o BOX A5 MFG, BY SUFFOLK GEMENT OR APPROVED EQUAL, DRAINAGE PIPE RING AS MFG. BY CARLSON PRECAST 6:: f OR APPROVED EQUAL. _Dx D_Dr. At East Marlon, Town of Southold /A ' Suffolk County, New York 2' SEARING COURSE PLANO, pi (NOTE REIN Q U PRECAST STORM ° (n}� DRAIN RINGS AB 1000 22 3 9 SGALE:I' N FORCEMENT WILL NOT B5 REWIRED TO A > U MFG BY CARLSON 1000 22 3 c/o 18.1 DEPTH Or 9'-O•. UU PREGABT OR 1000 22 5 Ia.; 2.Deems GREATER THAN RCE ENT 5- HAVE WIRE APPROVED EQUAL. Gounty Tax Ma olstrmt 1000 s.ce°n 22 Block 3 Lot 10.5 4" TOPSOIL FABRIC CONCRETE REINFORCEMENT B"NITO ER 2 J 1'D 2 1/2" BINDER CUURSEFINE GRADE MIN VERTICAL WIRES - N D'T 1EX MIN DOVER ❑® GLDPE , 3 ROAD 4 DRAINAGE PLAN MAX 3 5TEP5 REQUIRED WHEN DEPTH EXCEEDS T-O" O❑� 1' STONE TED BASE COURSE 4,ALL CONCRETE TO BE 9000 251 AT 2B DAYS. "1 }' O J/9' STONE BLEND OR CRUSHED ®O® C CONCRETE AP2C.:. 1 1 ,'.9 PER TERMS AND wrvui?fv V9 OF CURB INLET GATGH BASIN a' PLR,'.). 36 �� ROAD SECTION NT5 DATE 7a ,vb3,a a=sa R� NETS STORM WATER LEACHING POOL MAP PREPARED OCT. SI, 2009 gebu NT5 3 as ❑ MONUMENT SET MONUMENT FOUND 0 STAKE SET A= STAKE FOUND -105 NO. 199OF 5 . 1 SHOWN4-0542 59g JOB N � DWG,. 60940452_10-I1-09 -- HIGH IOINT ELEV. M312 XIOH MINT STA bkolk U.166 Young & Yount NI GTA• Dw4M g g NI v o.e • 51.106 400 Ostrander Avenue, Riverhead, New York 11901 A ., An.• N ."Ot K.W.A66 631-727-2303 Lan POINT GLEN/ A.10Howard W. Young, Lend Surveyor Lar MINT 5TA • 4HOG2 loo' ThaTmas C. Wolpert, Professional Engineer PJ15TA. 4✓4) g n Robert C. Tast, Architect rv1 e - aebu Y d ygg♦ Ronald E. Pfuhl, Landscape Architect P ££o b6 io ooze d a s°h =�S, W E / \ R _ �`5 - - - - _ b a i EED T�ASZ BE w srA ..aD GB X23 LEACHING IELD M TL-5156 LEACHING FIELD N STA,4.900: (12) 10'DIA X B'E F.DEPTH LU RIM-SOBS (4) 10'DIA X 10'EFF,DEPTH TI==o .10 20 STORM DRAIN P 5 } IE-2665 STORM DRAIN P 015 RIM=2 .1 0. GB %90 D] TC-21.2D LL RIM=.B 10 ° IE=2i 10 Q L-1 Q IT - m Om Nm rm OIN Om mm Om IN .o - r .} W r0 <t O Oq a m � q ri (Q am mm vN 514 0 - vm � � rTv Qu? W, 6 0t- OI11 M mm mm mm Nm In v � mry IN Nry N � mm mm mm �i g� mm - mm LIN m `r mm mN VA]UM ELEV m [n In ( �\ -/0.0 - A G # ¢ PROFILE OF STONEY BEACH ROAD SCALE: HORIZON'IrAL I" = 50' r `E J \ �y\\ VERTICAL I" = 10' 3� \ 0 \ \� STA. 2+00 \,\ TG=31.3\5 Lan POINT MI 1 15.165 OU 0 \ \� INT.=31.01 Lar POINT 6TA. 16.abT �¢[N1=50. 5 RVI 57A. 15.la" \\ i26.8 rv1 IL.GV - 18.411 \ NP..6.46 - \ - - K •2NID15 __` Z 3 \\ \O Do' w w - - - & LLI IL - _ L000as O } \ Q ° �7o� \ GB rIa - - - - - - - _ - /-), ' 1 (� 5TA IO<722 LEAGHIN FIELD L GB #19 Z \�� RIM-BOG DIA, EFF. ETA 1952909 0 w _ '= E 26.66 STORM DRAIN POOL5 TL-2451 _ E-MRIM-al BI IE.I961 GB X20 LEACHING IELD I TO- 5, (4) 10'DIA.X 9' E F. DEPTH CB #25 / \ \\ `\ -38 LU STA 1x529 D9 LEACHING FIELD J / 0 1 Y \ - RIW3901 STORM DRAIN PO LS STA 1559M10'1 V 161951 GB X21 TO.1011 STORM DRAIN P 0-5 STA. 2+00 / I )\\� (S\\� lu (14) 1O'DIA. X l0'EFF DEPTH TG=31.35 \1'F I �7 A _� V O RIM RIM=30.85 \ .�}� U GB #22 E=26.61 - 1 - _-- \ \ �B 'TL-4- LL rc=16.11 5TA 15.9161 LEACHING FIELD N , _ _ 3�4, � v N ° "o N E-1455 -E, o ✓ tf) .o - a v, O O O m m 6 O - O � a ° O ° 7 (V m cl m m m N \ - �3• to v m .o m .o v m Om p r0 r tV t- -. l mN mm Nts (IQ Nr N 1 Nin Tv (il IN Wry N � - 6 v'� � � 516 °jp 6 n T r v v 3 1 _ O (l N N N N N N N - - - - (4) 10' DIA. X 10' EFF DEPTH \ O �? 200 ' _ 3 - STORM DRAIN POOLS �I O g Q o 4 a o Q y o 4 LEAGHIN& FIELD M - -- N m ry - 2) Io' DIA. x 8' EFF. DEPTH q PROFILE OF STONIEY BEACH ROAD STORM DRAIN POOLS \ �\ \24' OF 8" � / l SCALE: HORIZONTAL I" = ' o EP VERTICAL I" 10' 5TA. 4+50.02 000°6 I - TG=29.20 a +yv RIM=28.70 �\ IE=24.70 �� - 0 00 � t o Egg SYS LP STA: 4+30.02 m @e�z EL=29.20 \ \ \- GB q,1 < 'iaa STA 2959361 Q 9a \ T6.5 24 O ffi�"pp \ RIM=29.14 D.2'14 :L 4Epe PVI STA: 4+50 O z LEACHING FIELD K EL=28.85 30 (,t) 10'DIA X IO'EFF.DEPTH STORM OR IN POOL5 U SIB / ,36- "- -- - fVI 57A: 8+04.49 \ -38- \ \\\ m 6 O m Om H,-5TA_ N m m � r ,� -- /CIS #18 TA. 10+72.2 PROFILE OF COVE BEACH DRIVE RIGHT OF \ ( _ /TG=30.56 j SCALE: HORIZONTAL I" = 50' e WAY 526 \ O \ /� / X26 06 6 ' VERTICAL I" = 10' 4°il@ P� i' \ b� N/ / Q ENGINEER'S CERTIFICATION 4e9 L E��C H I N F ItLip Z a A, . HEREBY CERTIFY THAT THE WATER SUPPLJ AND/OR €a d SEWAGE DISPOSAL SYSTEM(5) FOR THIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A c �e FF. D �Tlr (j CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND `EYa STORM\DRAIN POLS I I I \ / / CONFORM TO THE SUFFOLK COUNTY DEPARTM {�T 1 I GROUNDWATER CONDITIONS, ALL LOTS, AS PROPOS 926A \ O CB #1 ` / _ I 24' OF Ira" \ I I l2z'- �V1 STA° l_+70'95 DATE CONSTRUCTION STANDARDS IN EF, 52ss 5x.56 �� g2� \ PEP C III T EL=18.4 - ./� }' 57A:. 2`1+05.67 0 1000% -20v i / j'- oYc''� bbn, TG= 30.24 ' I / \� \ o ° \ I I #1q LP� ` e r, \ _ A EL=18.77 / . " 1 Iv 74 V v E=25.74 ' 43 ° 5 'A. 15+�29 BTA.2W0 \ EAGHI N& F ID / O \ \ 9% /Tri=2401 `� HOWARD W. YOUNG, NYS. L.S. NO 45693n is S- Tc,Bl55 v I�iM=23.81 1 THOMAS WOLPERT, N.Y5 FENO 61463 IE=19 81 .,�CoSlp� °y \(2)\I0' DIA. X 10' EFF. gEPTH/ ' ST 50+51.75 t� d STORM DRAIN POOLS \ \ / NT EL=31.01 % \ Ge «ss a �. "� � I � SURVEYOR'S GERTIFIGATION D IE=2661 '� L y 24. . \ \ STA. . 7-7 87 IM .81 � / 1 O 4 TG= 18.77 / TURN-A-ROUND OF STONEY . BEACH ROAD \ ( o / = 19'5 / �Vl �r Is+s6 el" als 7 .2-4/0F/ Ia" PEP _ 5GALE: 1" = 40' C � EL=21. /LEACH IN&/FIELD � � / �/ / i � ?, o � / c i C /' /� _ ' /I �j^H; HOWARD W. YOUNG, NY 5. L5. NO 45B� 4 g/r nr^INSF/E� \ �(4)-IO;DIA: X 9' E�F. E EPTH L� 17'iI'fV& � L \'\. __ `t DRni xro C Ta < �: 10 YJ / cg ,Ns ORM DRAIN-PpOI�S \ C \ \r \ - S�P� 5T6s 9r /B 10'I X'10' EFF. D F[H \ x72 STYBF E.M o� 39 �TC�RMR�IN \OLS \\ \ OWNERAvj � . s/vogCN ,Qo 06.06 / \ �\ \` \ / \ \ COVOE BEACH RPOOLT AGES 39E T� 'ST NEW YORK, N Y. 1001'1 F 3r },99 qL D / / r - O�#22 \ \ '\\ \\ �I \ / \ 633 THIRD AVENUE, 1-7th FLOOR ASp �� ) s6 h90 -D.Ts6z 57A. 15+91.87 �\ / TG= 18.77 I \ i0- I B "6 RIM=18.27 \ \, \ \ / � 6 STo zp �D �a RIM=133 FINAL ROAD & DRAINAGE PLAN 9 Cft/ry6 A/ RE s i+4 sl'.vr .�'4C / l \ COVE BEACH ESTATES T�M.,�NOFpp�Dbk �W�I(/I 554 611 �P �rR At East Marlon, TOWn OF Southold �O15 F°M W T rNip3O/b ,jesq ` IO 0 ;5,7(1 ly p EN Sp �� PLAN Suffolk County, New York D q1R,,,-, G� 00 6 /°' 5GALE.1" = 50' 1000 22 3 01 0 q 1000 22 5 P/o 18.1 County Tax Map olstrlct 1000 s.ceon 22 Block 5 Lot 15.8 i 1000 22 3 18.E OPEN SPACE PARCEL A ROAD � DRAINAGE PLAN INTERSECTION OF COVE BEACH DRIVE 1$ STONEY BEACH ROAD TURN-A-ROUND OF STONEY BEACH ROAD Nt' zne APPROVE € CO;J�Ii IGNS OF fig' 5GALE: I" = 40' SCALE: I" 40' �,D ° - FGR TIIRMs ��ba rce��uz n a.a� DAIS Io03Y J MAP PREPARED OCT. 91, 2003 PEG Ppd SCALE AS SHOWN Q' - MONUMENT SET ■ MONUMENT Fourvo A - STAKE SET ♦= STAKE FOUND JOB NO. 1994 OF 5 DNS. &0940452921_10-n-09 �5 PLANNING BOARD MEMBERS �0$UFFO�,�►co JERILYN B.WOODHOUSE �4 P.O. Box 1179 Chair C y� Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 RICHARD CAGGLANO W- Telephone (631) 765-1938 WILLIAM J.CREMERSKENNETH L. Fax (631) 765-3136 MARTIN HESDORDS ��0� `1►�O� PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 15, 2004 Elizabeth A. Neville, Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Proposed Major Subdivision Cove Beach Estates Located on the north side of NYS Route 25,1000' east of Kayleigh's Court, in East Marion SCTM#1000-22-3-9.1,18.1, 18.7 & 18.8 Zone: R-80 Dear Ms. Neville: The Southold Town Planning Board, at a meeting held on Monday, June 14, 2004, adopted the following resolutions: WHEREAS, the applicant proposes to subdivide a 104.40 acre parcel into 12 lots; and WHEREAS, the parcel is subject to a 1995 Conservation Easement, dated December 29, 1995, filed with the Clerk of Suffolk County in Liber D00011756, Page 282; and WHEREAS, the parcel is subject to an Amendment to the 1995 Conservation Easement, dated December 18, 1996, filed with the Clerk of Suffolk County in Liber D00011808, Page 661; and WHEREAS, the parcel is subject to a 1997 Conservation Easement, dated December 29, 1997, filed with the Clerk of Suffolk County in Liber D00011869, Page 975; and WHEREAS, an Amendment of the1997 Conservation Easement was filed on April 9, 2004 with the Clerk of Suffolk County in Liber D00012312, Page 663; and WHEREAS, the Conservation Easements limit the total number of residential lots to 12; and WHEREAS, on May 10, 2004, the Southold Town Planning Board granted conditional preliminary approval on the plat, dated & last revised September 22, 2003; and WHEREAS, the Suffolk County Department of Health granted approval of the action on December 31, 2003; and Cove Beach Estates— Page Two —6/15/04 WHEREAS, On December 13, 2003, the New York Department of Environmental Conservation issued Permit No. 1-4738-03150/00001 shown on the Road and Drainage Plan, dated as revised May 23, 2003; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and WHEREAS, pursuant to A106-24E of the Southold Town Code, the Planning Board deems the final plat to be in substantial agreement with the preliminary plat approved and modified in accordance with requirements of such approval, therefore, the Planning Board waives the requirements for a final public hearing; be it therefore RESOLVED, that the Southold Town Planning Board accept the UBS AG Letter of Credit No. Y034116 in the amount $705,710.00 and administration fee in the amount of$42,342.60 and recommend same to the Town of Southold Town Board; and be it further RESOLVED, that the Southold Town Planning Boa,-d grant final approval on the plat dated as revised September 22, 2003, and the Road and Drainage Plan, dated as revised May 23, 2003, and authorize the Chairpe.son to endorse the final plat subject to the fulfillment of the following conditions: 1. The acceptance of the Letter of Credit No. Y034116 by the Town of Southold Town Board. 2. The filing of the final Road Maintenance "Declaration" with the Office of the Clerk of Suffolk County and upon filing, the recording of the liber and page numbers upon the final plat. The mylar maps, which will be endorsed by the Chairperson as noted above, must be picked up at this office and filed in the Office of the County Clerk. Any plat not so filed or.recorded within sixty (60) days of the date of final approval (Chairperson endorsement) shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, /Jeyn B. Woodhouse Chairperson encl. cc: Melissa Spiro, Land Preservation Coordinator Michael Verity, Chief Building Inspector Tax Assessors , \ DEED OF CONSERVATION EASEMENT ~ . THIS DEED OF CONSERVATION EASEMENT, is made on the 02~j~ay of December, 1997 at Southampton, New York. The parties are Raoul J. Witteveen, residing at 368 Daniels Lane, Sagaponack, New York 11962 (herein called the "Grantor"), and the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York Corporation, having a principal olliceat 296. Hampton Road (P.O. Box 2088), Southampton, New York 11969 (herein called "Grantee"). INTRODUCTION WHEREAS, the Grantor is the owner in fee simple of approximately 98.38 acres of real property located in the Town of Southold, Suffolk County, New York, known as Final Plat of Map of Cove Beach Estates, dated November 27, 1996, hereinafter more fully described in Schedule A, attached hereto and hereby made a part hereof, and hereinafter referred to as the "Property", further described as Suffolk County Tax Map Parcel Number 1000-22-3-15.1 and 18.3; and WHEREAS, the Property is located in the Low Density Residential R-80 Zoning District of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town of Southold code, Section 100-30; and WHEREAS, the Property is currently restricted by a Conservation Easement held by Peconic Land Trust executed on December 23, 1995, and recorded in the Suffolk County Clerk's Ollice on December 29, 1995 at Liber 11756 Pg. 282, and known as the 1995 Easement, which restricted the property from a yield of thirty four (34) single family residences to twenty six (26) single family residences; and WHEREAS, the 1995 Deed of Conservation Easement was amended on December 18th, 1996, which Amendment of Deed of Conservation Easement was recorded on December 31, 1996 at the Suffolk County Clerk's Ollice, to further restrict the Property to seventeen (17) single family residences with appurtenant structures and improvements, thereby creating an Open Area equal to 46.70 acres, and a Development Area equal to 51.68 acres; and WHEREAS, Grantor wishes to further restrict the Property in consideration of the conservation values of the Property and as a product of his own charitable intentions by granting a Conservation Easement over the Property thereby restricting the Development Area to no more than ten (10) single family residences with appurtenant structures and improvements, and thereby increasing the Open Area from 46.70 acres to 68.82 acres (as described in Schedule B attached hereto) and to reduce the Development Area from 51.68 acres to 29.56 acres (as described in Schedule C, attached hereto) so that a substantial portion of the Property shall remain in its open, undeveloped and scenic state, and to that end restates the restrictions applicable to the entire parcel; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United State's Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County. New York; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold code, Section 272-a of the Town Law, to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property has approximately 650 feet of frontage on Long Island Sound and approximately 450 feet of frontage on Dam Pond that provides the public with significant scenic vistas of contiguous woodland, wetlands and shoreline; and WHEREAS, the Property contains the following rare species, classified as S-1 by the Natural Heritage Program: Angelica Lucida, Maritime Red Cedar Forest (remnant), Erchtites Megalocarpa (fire weed), Petentilla anserina, sub species sb.pacifica (silver weed) and Digitaria Filisormis species; and 1 WHEREAS, the Property in its present scenic, agricultural and open space condition has substantial and significant value as an aesthetic and agricultural resource by reason of the fact that it has not been subject to any extensive development; and WHEREAS, the Grantor and Grantee recognize the value and special character of the region in which the Property is located, and the Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Open Area as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, the Grantee has determined it to be desirable and beneficial and has requested the Grantor, for itself and its successors and assigns, to grant a Conservation Easement to the Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW, THEREFORE: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in SCHEDULE A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a qualified not-for-profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, and any amendatory or supplemental legislation (herein called "the Code"), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural, scenic and open space values of rural lands located in Suffolk County of Long Island. 0.03 Purpose The parties recognize the environmental, scenic, open space and agricultural values of the Open Area and have the common purpose of preserving these values. This Deed is intended to convey a Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for environmental, scenic, agricultural and natural values, by preventing the use or development of the Open Area for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. o 04 Government Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural and open condition through conservation restrictions by enactment of Environmental Conservation Law, Article 49-0301, et. seq. and General Municipal Law, Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property, as determined by its Board of Directors, at a duly constituted meeting of that Board on November 13, 1995, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open land. 0.06 Documentation The Grantee acknowledges by acceptance of this Easement that Grantor's historical and present uses of the Property are compatible with the purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time of the gift of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, wildlife, watershed, scenic, agricultural and aesthetic 2 resources and otherwise to aid in identifying and documenting the Property's open space values as of the date hereof, to assist the Grantor and Grantee with monitoring the development and use of the Property and ensuring compliance with the terms hereof, the Grantee has prepared, with the Grantor's full cooperation, an inventory of the Property's relevant features and conditions' (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to: an aerial photograph, photographs of the Property, a topographical map, a description and site plan of existing land uses, features, and structures, if any, and an aCknowledgment page signed by the Grantor and the Grantee which verifies that the Baseline Documentation report accurately represents the condition of the Property at the time of the easement. The Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's historical iind present uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs, or other evidence to assist in the resolution of the controversy. 0.07 Recitation In consideration of the previously recited facts, mutual promises, undertakings and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This Deed conveys a Conservation Easement (herein called the "Easement"). This Easement shall consist of the covenants, restrictions, rights, terms, and condi.tions recited in this Deed. Reference to this "Easement" or its "provisions" in this Deed shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect The covenants, terms, conditions, restrictions and purposes of this Easement shall run with the Property as an incorporeal interest in the Property, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns and all other individuals and entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE 1WO gjEJ: GRANTOR hereby voluntarily grants, releases and conveys to Grantee, as an absolute gift, this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor and all future owners, tenants, occupants, assigns and possessors of said Property. 3 ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures The construction or placement of residential, commercial, industrial or other buildings, structures, or improvements of any kind or nature (including, but not limited to mobile homes), permanent or temporary, on, over or under the Property except pursuant to Section 4.05 and 4.06 hereof. Structures and improvements, including, but not limited to, driveways and agricultural structures as permitted in Sections 4.05 and 4.06 hereof, may not be made on, over, or under the Property without the prior written consent of the Grantee, which may be granted if the structure or improvement does not defeat or derogate from the purposes of this Easement. 3.02 Excavation and Removal of Materials The excavating, mining or filling of the Property except as may be necessary to develop and maintain the single-family residences and appurtenant structures and improvements permitted in the Development Area and allowable non-residential improvements on the Property and to construct and maintain the permitted structures and improvements in the Open Area with the prior written consent of the Grantee. The removal of topsoil, sand, or other materials shall not take place on the Property nor shall the topography of the Property be changed except to develop and maintain the single-family residences and appurtenant structures and improvements permitted in the Development Area, to construct and maintain the permitted slructures and improvements in the Open Area and for purposes of erosion control and soil management. Any such activity shall require the written consent of the Grantee. 3.03 Subdivision The subdivision or partitioning of the Property without the prior written consent of the Grantee, which shall be granted if that subdivision or partition does not defeat or derogate from the purposes of this Easement. In no event shall the Development Area be subdivided into more than ten (10) single-family residential lots as provided in Section 4.06 hereof, and none of the 10 lots shall be further subdivided in perpetuity unless the lot lines merge. Any changes in lot lines subsequent to final subdivision approval must be authorized by the Town of Southold Planning Board. _ 3.04 DumDing The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property. 3.05 Sians The display of signs, billboards, or advertisements on tlie Property except signs, whose placement, number, and design do not significantly diminish the scenic character of the Property and only for the following purposes: a) to state the name of the Property and the names and addresses of the occupants, b) temporarily to advertise the Property or any portion thereof for sale or rent, c) to post the Property to control unauthorized entry or use, and d) to announce the Grantee's conservation easement. 3.06 Clearina and Landscaping Activities Clearing or grading within the Open Area, except with the prior written consent of Grantee and as approved by the Town of Southold Planning Board and as necessary for existing easements of record, if any. Otherwise, the Open Area shall remain in a natural state, and maintenance of the natural vegetation therein shall be the only use or activity allowed, except as provided in Section 4.05. The removal of trees, shrubs, or other vegetation from the Property, except as provided in Sections 4.04 and 4.06. 4 3.07 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Open Area without the prior written consent" of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the center line of roads or driveways, and may be used solely to service the permitted structures. 3.08 Uses The use of the Property for any commercial or industrial purpose except that agricultural uses expressly permitted in Section 4.05 shall not be considered a commercial or industrial use. 3.09 Develooment Rights The use of the acreage of this Property burdened with this Easement for purposes of calculating lot yield on any other property. Grantor hereby grants to Grantee all residential development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to this Easement, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York State, and federal law which will not defeat or derogate from the purposes of this Easement. 4.04 Landscaoing Activities Grantor shall have the right to continue the historical modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, dangerously decayed or damaged on the Property. Clearing, cutting and grading within 50 feet of the top edge of the bluff shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing, cutting and grading shall be subject to the prior written consent of Grantee and review by the Town of Southold Planning Board to insure proper maintenance and preservation of the natural buffer on Long Island Sound. 4.05 Aaricultural Activities Grantor shall have the right to continue or restore the historical, locally typical and/or customary modes and levels of farming, including pasturing, grazing, feeding and care of livestock and cultivation of crops, provided that such agricultural activity shall be conducted in accordance with the purposes of this Easement and provided that care shall be taken to preserve and protect the rare species of plant life. No agricultural activity shall be conducted within 100 feet of the rare species so that agricultural use of the soil and the application of herbicides cannot affect the rare species. Normal agricultural fencing and accessory structures, as provided in 4.06 B, and as may be reasonably necessary in connection with agricultural use and the maintenance on the Property of horses, sheep, beef or dairy cattle, or similar domestic 5 livestock, may be constructed, maintained or replaced by Grantor with the prior written consent of the Grantee. 4.06 Structures A. Allowable Residential Improvements. Grantor shall have the right to construct no more than ten (10) single-family residences with appurtenant structures and improvements reasonably necessary to serve such residences including, without limitation, driveways, garages, storage sheds, septic systems and leaching pools, swimming pools, pool houses, tennis courts, or other family-scale athletic facilities. All such residences, structures and improvements shall be constructed, maintained and replaced within the Development Area as described in Schedule C except as provided in Section 3.01. Clearing and grading within each residential lot shall be limited to that necessary for siting, constructing, renovating, expanding, converting or replacing the residences and appurtenant structures and improvements with the intent of preserving as much of the natural vegetation on the site as possible and minimizing storm water runoff and erosion. No storm water runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. B. Allowable Non-Residential Improvements. Grantor shall have the right to erect and maintain the following non-residential improvements in the Open Area which are necessary to and consistent with the uses as permitted in Sections 4.05 and 4.06 hereof: ( i ) Agricultural Structures, including but not limited to barns and sheds as is necessary for the agricultural use of the Open Area, placed such that they do not detract from and adversely affect the scenic value of this Easement; and ( i i ) Underground facilities normally used in connection with supplying utilities, removing sanitary sewage effluent, and controlling storm water runoff from the improvements permitted under the terms of this paragraph B hereof. Any such underground utilities must, to the extent possible, be constructed within 30 feet of the center line of roads or driveways, and may be used solely to service the permitted structures. No new sanitary disposal facilities or structures, with the exception of that stated in Paragraph (iii) below, shall be constructed or otherwise located between the high water mark and the one-hundred (100) foot setback from the top of the bluff; and ( i i i ) Access Drives, to provide access to the improvements permitted by this paragraph 4.06 and any existing recorded rights-of-ways to adjacent properties. Access to the beach down the face of the bluff shall be only by means of a suitable structure. The structure shall be designed and constructed in a manner that will result in the least threat to the stability of the bluff and must be in accordance with all applicable permits; and ( i v ) Fences, placed such that they do not detract from and adversely affect the scenic value of this Easement; and C. Replacement of Structures In-Kind. In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvement impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted within the same location subject to the review and written approval of Grantee. D. Environmental Sensitivity During and After Construction. The use and location of such improvements shall be consistent with the conservation purposes intended herein, and constructed by methods which are attentive to minimizing disturbances to the environment, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. No storm water runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. 6 4.07 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property which could adversely affect the conservation purposes which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.06 herein. Grantor shall provide Grantee with complete documentation including architectural plans of any proposed structures which are subject to Grantees approval which shall not be unreasonably withheld. Such approval" disapproval or comments of Grantee shall be given to Grantor within 45 days after all necessary documentation and information is submitted to Grantee. 4.08 Alienability Grantor shall have the right to convey all or any part of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full names and mailing addresses of all Grantees, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting forth the date, office, Iiber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges which may become a lien on the Property, including any taxes or levies imposed to make those payments. If Grantor fails to make such payments, Grantee is authorized to make such payments (but shall have no obligation to do so) upon ten days prior written notice to Grantor, according to any bill, statement or estimate procured from the appropriate public office without inquiry into the accuracy thereof. That payment, if made by Grantee, shall become a lien on the Property of the same priority as the item if not paid would have become, and shall bear interest until paid by Grantor at two percentage points over the prime rate of interest from time to time charged by Citibank, N.A. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless from any charges or liens imposed upon Grantee arising from the physical maintenance and upkeep of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: a) from injury to persons or damages to Property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 7 ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon reasonable prior notice to Grantor, and in a manner that will not interfere with the Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purpose, except as provided in Section 6.03, nor to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that the Grantee may reasonably deem necessary. However, it is understood and agreed by the parties hereto that the Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the Open Space Values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (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 breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto or on the date hereof, or to such condition as is expressly permitted hereby or as may be pursuant to the terms hereof, as Grantee deems appropriate under the circumstances, or (iii) to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "legal expenses") in connection with any proceedings under this Section 7.03. 6.04 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 6.05 Assionability Grantee shall have the right to assign any and all of its rights and responsibilities under this Easement, and any and all of its rights, title and interest in and to this Easement only to a qualified organization (herein called "the Assignee"). As used herein: the term "qualified organization" means a not-for-profit corporation or governmental unit or agency which is . qualified to receive such interests pursuant to Article 49 of the New York Environmental Conservation Law, and is a qualified organization within the meaning of Section 170(h)(3) of the Code. Any assignment by Grantee or Grantee's successors must require the Assignee or 8 Assignee's successors to carry out the purposes of this Easement. The Assignee and its successors and assigns shall have the same right of assignment. 6.06 Succession If at any time Grantee or any successor or assignee is unable to enforce this Easement fully or fails to do so, or if Grantee or any successor or assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section 170 (h)(3) then this Easement shall be vested in such other qualified corporation, body or agency as defined and upon the conditions contained in Section 6.05 as the Grantee shall designate. If, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of its rights and responsibilities under this Easement and all of its rights, title and interest in and to this Easement to a qualified organization, then the rights and responsibilities under this Easement shall become vested in another qualified organization in accordance with a cy pres proceeding brought in any court of competent jurisdiction. 6.07 ExtinQuishment This easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.07, the fair market value of such right and interest shall be equal to the difference, as of the date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby (such difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinafter referred to as the "Proportionate Share"). In the event a material unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, resulting in an extinguishment of this Easement or any material term or provision hereof by a jUdicial proceeding; then upon a subsequent transfer of title to the Property by sale, gift, devise, exchange, taking by eminent domain or by purchase in lieu of a taking, Grantor shall pay to Grantee an amount equal to the greater of (x) the consideration paid by Grantee to Grantor for this Easement or (y) the Proportionate Share of the proceeds of such transfer. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the Property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered proceeds. The Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.07 shall be in addition to, and not in limitation of, any rights they may have by law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. 6.08 No Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property. Accordingly, Grantee shall not invite the public to enter upon the Property without the prior written consent of the Grantor. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 9 7.02 Amendment This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170 (h). The parties agree to amend the provisions of this Easement in such manner as may be indicated by the Internal Revenue Service, as a result of final determination after audit of the federal income tax return of the Grantor, to entitle the Grantor to the charitable deduction described in I.R.C. Section 170 (h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This Easement can be terminated or modified only in accordance with the common and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain of the restrictions contained in this Easement. To this end, Grantee and Grantor shall mutually have the right, in their sole discretion, to agree to amendments to this Easement which are not inconsistent with the basic purposes of this Easement set forth in the Introduction hereof; provided, however, that Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid Conservation Easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, any regulation issued pursuant thereto, or Section 170(h) of the Internal Revenue Code governing "Qualified Conservation Contributions." The parties acknowledge that the boundaries of the Open Area and the Development Area may have to be adjusted as provided herein, and the parties agree to cooperate in such boundary line adjustments as may be necessary, provided said adjustments would not result in diminution of the Open Area or an increase in the number of lots or primary structures to be developed by the Grantor. 7.03 Severability Any provision of this Easement, restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement which is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.04 Notice All notices required by this Easement must be written. Notices shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Maiied notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the President, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governino Law New York law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no proviSion of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easernent shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Ea1!ement as intended by Grantor. Any rule of strict construction designed to limit the breadth of 10 the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and, this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by Grantor. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Warranties The warranties and representation made by the parties in this Easement shall survive its execution. 7.08 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.09 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 1 1 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. BY: ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST, (Grantee) tl\c.c>rf'"ro*-<.cl BY: ~v. u.. L\..t..... ./ oh v.H. Halsey '0 Its President STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: On this ;l,~t'1 day of December, 1997, before me personally appeared Raoul J. Witteveen, who, being by me duly sworn, said that he resides at 368 Daniels Lane, Sagaponack, New York, 11962, the Grantor mentioned and described in, and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same. STATEOFNEWYORK ) COUNTY OF SUFFOLK ) SS.: ~ Jd..J'~ N tary Public Julie G. Tiska No. 01Tl5064466 Notary Public State of New York Qualified in Suffolk County Commission Expires :rl/51Lq9' On this 0l4f1' day of December, 1997, before me personally appeared JOHN v.H. HALSEY, who, being by me duly sworn, said that he resides at 469 Majors Path, Town of Southampton, New York, that he is President of PECONIC LAND TRUST, INCORPORATED, the Grantee mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein; and that he signed his name thereto by authority of the Board of Directors of the said Corporation. ~)i.j'~ N tary Public Julie G. Tiska No. 01Tl5064466 Notary Public State of New York Qualified in Suffolk County Commission Expires :?l'~b'll" SCHEDULE A: Metes and Bounds Description of the Property. SCHEDULE B: Metes and Bounds Description of the Open Area. SCHEDULE C: Metes and Bounds Description of the Development Area. 12 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ®f S®U P.O. Box 1179 54375 State Route 25 ®`� ��®� Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 10, 2022 Cove Beach Estates LLC P.O. Box 250 Cold Spring,NY 10516 Re: Cove Beach Estates Subdivision Located n/o Main Road, approximately 1,000' east of Kayleigh's Court, in East Marion SCTM#1000-22.-3-18.11 through 18.23 SCTM#1000-31-4-35 & 36 Dear Property Owner: On Thursday,April 28, 2022,the Town Engineer and Town Planning Director met at the site of the subdivision referenced above with one of the lot owners, Henry Mazzoni, and Joan H. Bischoff van Heemskerck, attorney. The purpose of the meeting was to view the roadway and several examples of the deteriorated condition of the road and drainage system, and to identify the next steps towards being able to obtain a building permit for a residence to be constructed. Pursuant to Town Law §277-2 (a),the Planning Board must require that the streets and highways be of sufficient width and suitable grade to facilitate fire protection, and to provide access of firefighting equipment to buildings. Section(b) states that all streets shown on subdivision plats be suitably graded and paved; street signs, curbs, storm drains be installed in accordance with standards, specification and procedures acceptable to the appropriate town departments, or alternatively,that a performance bond or other security be furnished to the town. Town Law§277-7 states that a performance bond to cover the full cost of the road is a requirement as an alternative to fully constructing the new road. Further, Town Law §280-a states that building permits shall not be issued unless a street giving access to the proposed structure has been duly placed on a map, and the street has been suitably improved to the satisfaction of the planning board as adequate in respect to the public health, safety and general Cove Beach Estates Road Condition 2 welfare. Further, a performance bond sufficient to cover the full cost of such improvement shall be furnished to the town by the owner. Town Code §240-031 Performance Bond, states that a performance bond is posted by the applicant to guarantee to the Town that he/she will faithfully construct or cause to be constructed the required public improvements which were an integral part of the approved final plat. This applies to roads being provided as access to building lots, even when proposed to remain privately owned. The initial bond amount of$705,710 was calculated in 2004. The applicant notified the Town in 2008 that the drainage, curbs and work up until the first lift of asphalt were completed and requested a reduction in the bond amount. This request was granted and the bond was reduced to $186,318. It has been fourteen years since this bond reduction. During this time the lots remained undeveloped and the condition of the road has deteriorated. It is unsafe to allow building to commence on any houses until the road is brought up to Town highway specifications. In addition, the performance bond amount must be re-evaluated to today's costs. According to the Town Engineer, the road system constructed for the Cove Beach Estates subdivision has significantly deteriorated. Portions of the asphalt road have completely broken up, exposed sections of it measure significantly less than the required 2.5"thickness of asphalt binder course and other sections are heavily impacted by vegetation growing through the asphalt surface. The majority of the leaching pools that constitute the drainage system are buried below grade and cannot be inspected to determine their condition. At this point the road system cannot be repaired, it must be completely re-built. For building permits to be issued on any of the subdivision lots, the following must be done: 1) Establish a revised Performance Bond to cover the necessary work to reconstruct the road based on up-to-date unit pricing. 2) Schedule a pre-construction meeting with the Town Engineer prior to any work being initiated. 3) Ensure that all concrete monuments delineating the boundaries of the road right-of-ways are installed and flagged for inspection. 4) Locate and bring to grade all leaching pool clean out covers so that the structures can be inspected and their condition assessed. 5) Completely remove the existing curbing, road asphalt and road base material. 6) Ensure that all underground utilities are intact and functioning prior to rebuilding the roads. 7) Compact the road sub-grade as necessary. 8) Place and thoroughly compact the Recycled Concrete Aggregate (RCA) or stone blend road base. If RCA is to be used it must be NYSDOT Specification RCA. Cove Beach Estates Road Condition 3 9) Place the asphalt binder course. 10)Obtain certification from the East Marion Fire District that the four fire wells are properly installed and functioning. Once the new performance bond has been submitted and the road has been reconstructed to the first lift of asphalt and all items in the list above have been completed, building permits will be allowed to be issued. Please contact the Planning Department at(631)765-1938 or the Town Engineer at(631)765-1560 with any questions. Sincerely, Donald J. Wilcenski, Chairman cc: Michael Verity, Chief Building Inspector Amanda Nunemaker, Plans Examiner Henry Mazzoni Joan H. Bischoff van Heemskerck All owners of land in the Cove Beach Estates Subdivision 1111111 IIS IIIII IIIII IIIII VIII VIII VIII VIII IIII IIII l 111111 IIIII IIIII IIII Ifll SUFFOLK COUNTY CLERK f RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 06/23/2004 Number of Pages: 13 At: 02 :58 :57 PM Receipt Number : 04-0070928 LIBER: D00012326 PAGE : 677 + District: Section: Block: Lot: 1000 022 . 00 03 .30 009. 001 EXAMINED AND CHARGED AS FOLLOWS i Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $39 .00 NO Handling $5 . 00 NO COE $5 .00 NO NYS SRCHG $15 . 00 NO TP-584 $0 . 00 NO Notation $0 .00 NO Cert.Copies $8 .45 NO RPT $90 . 00 NO SCTM $0 . 00 NO Fees Paid $162 .45 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County v-- 2 3 Number of pages RECORDED TORRENS , Ed!,e r d P.R it is-.i'Ie i_Lr:-K OF' Serial# _I; F01-., f•O E,i I Y 1: V�ii1_= 2U Certificate# P 677 Prior Ctf. # Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Fee Mortgage Amt. Handling 1. Basic Tax TP-584 2.Additional Tax Notation Sub Total EA-52 17(County) Sub Total Spec./Assit. EA-5217 (State) OrSpec./Add. R.P.T.S.A. TOT. MTG. TAX Conlin. of Ed. 500 z� '` "f Dual Town Dual County Held for Apportionment Affidavit 02 + Transfer Tax lr ,No Ho�4` Certified Copy �� ��f i('9 Mansion Tax The property covered by this mortgage is or Reg. Copy will be improved by a one or two family Sub Total dwelling only. Other , p YES or NO GRAND TOTAL a l If NO, see appropriate tax clause on page # ((� of this instrument. 5 Real Property Tax Service Agency Verification j 6 Community Preservation Fund Dist. Section Block Lot Consideration Amount $ Stamp 10 --0 )% 0220C ECG O.r:: ,,it3 .7, CPF Tax Due $ Date. \ FE — ""00 ()2-rj.� 03G0 ""_r��08 18. Improved Initials Vacant Land 7 Satisfactionsilitscnargesiiteieases List rropeny owners ivianing,iddress TD RECORD&RETURN TO: TD Charles R. Cuddy, Esq. TD P.O. Box 1547 445 Griffing Ave. Riverhead, NY 11901 8 'Title Company 111for%fl' atioll Co. Name Title# Suffolk Coro�Recording & Endorsement _r Tizis page f011115 part of the attached ROAD MAINTENANCE DECLARATION made bv: (SPECIFY TYPE OF INSTRUMENT) Cove Beach Estates, LLC and The premises herein is situated in Ocean Point Development Corp. SUFFOLK COUNTY,NEW YORK TO In the Township of Southold In the VILLAGE . or HANILET of East Marion BOXES 5 THRi J 9kff 1RT RF TVPRTI nD DD1Tr=n TNT„T A I—IT7 Tl —1 � P � NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE the following: please be aware of If a portion of your monthly mortgage payment included your property taxes, *You will now need to contact your local Town Tax Receiver so that you may be billed directly for all future properly tax statements. Local property taxes are payable twice a year: on or before January 10"' and on or before May Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax Payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. *11757 Riverhead, N.Y. 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson, N.Y. 11777 Shelter Island, N.Y. 11964 (631) 473-0236 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631) 351-3217 (631) 283-6514. Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, Edward P. Romaine Suffolk County.Clerk. dw 2/99 • z 12-0104::09i01cg ROAD MAINTENANCE DECLARATION THIS Declaration ("Declaration") is made this 14"' day of June, 2004, by Cove Beach Estates, LLC having an office at 90 Park Avenue, Suite 1714, New York, NY.10016 hereinafter referred to as "Declarant," and by Ocean Point Development Corp. having an office at 90 Park Avenue, Suite 1714, New York,NY 10016 as owner of the road-which services the 5 lot subdivision adjoining the Cove Beach Estates land. WHEREAS, the Declarant is the owner in fee simple of real property situate in-the Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000, Section 22, Block 3, and Lots 9.1 and 18.7, 18.8 which parcel is described at Schedule A, and Ocean Point Development Corp. is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000 Section-22 Block 3 Lot 18.1 which parcel connects the Cove Beach Estates parcels to five (5) existing subdivided lots, which lots are known and designated on the Suffolk County Tax Map as District 1000 Section 22 Block 3 Lots 3, 28, 29, 30 and 31, and WHEREAS, Declarant has made an application to subdivide the Cove Beach real property (Parcel A) into twelve (12) lots, as shown on the subdivision rnap of Cove Beach Estates, LLC prepared by Young& Young and last dated October 31, 2003, and WHEREAS, Declarant desires to provide for maintenance and management of the roadway which provides ingress and egress to the twelve(12) Cove Beach subdivision lots and with the Ocean Point Development Corp: parcel will provide access to the adjoining five(5) lot subdivision on the west, (together referred to as the "subdivision lots"); NOW,THEREFORE, for purposes of carrying out the intentions above expressed and in consideration of the foregoing recitals, the Declarant hereby covenants and agrees that the subdivision lots shall hereafter be subject to the covenants and restrictions as herein cited. All the provisions of this Declaration shall operate as covenants running with the land and shall be binding upon all purchasers and holders of the subdivision lots, their heirs, successors and assigns, to wit: A. ROAD DESIGN AND CONSTRUCTION The Cove Beach subdivision roads shall be located as shown on the subdivision map and shall be paved to a width of 16 feetand run a distance of approximately 5,000 feet. Title to the roads known as Cove Beach Drive and Stoney Beach Road, shall remain with Cove Beach Estates, Page 1 of 6 LLC its successors or assigns with its use subject to this Declaration, and title to the road known as Stoney Beach Road Extension shall remain with Ocean Point Development Corp. its successors or assigns subject to this Declaration. Together Cove Beach Drive, Stoney Beach Road and Stoney Beach Road Extension shall herein be referred to as "the roads". B. MAINTENANCE AND MANAGEMENT OF ROADS 1. The owners of each of the subdivision lots hereby covenant and agree that Cove Beach Estates, LLC (hereinafter referred to as Cove Beach Estates) through its agent with the agent being designated in writing by Cove Beach Estates, and with the initial agent being Enzo Morabito, shall manage, administer, maintain and operate the subdivision roads in accordance with the provisions of this Declaration. Cove Beach Estates through its agent hereby agrees to provide year-round management of the road as a right-of-way in accordance with normal, customary and responsible management practices, which practices include but are not limited to: a. The routine maintenance of the roads, including but not limited to, litter collection, snow removal and repair of the pavement as necessary to keep the road in good working order. b. The use of agents, subcontractors or employees deemed by Cove Beach Estates to be reasonably necessary to carry out its responsibilities under this Declaration. 2. Cove Beach Estates agrees to maintain in effect at all times a policy of public liability insurance having a face amount of not less than $1,000,000. All costs for such insurance shall be considered as part of the Management Costs as stated in Paragraph C, below. 3. In addition to the insurance provided above, Cove Beach Estates shall be named an additional insured on individual homeowner policies for each of the lots, and each homeowner shall maintain liability insurance of not less than $1,000,00.0. C.MANAGEMENT COSTS 1. Cove Beach Estates, through its agent, in its sole discretion, shall: a. Prepare an annual budget and except as to Lots 1 I and 12 apportion to the subdivision lot owners an equal share of the costs of managing the road on a yearly basis (hereinafter referred to as "Maintenance Costs") including, but not limited to, the costs of administration, taxes, insurance, maintenance, repair, and a reserve fund fee. All maintenance costs shall be paid within thirty(30) days of the mailing of the "Maintenance Costs" statement. Owners of lots 11 and 12 shall each pay 25% of a share as assessed to the fifteen (15) lots owners. Page 2 of 6 b. Maintain a"Reserve Fund" for extraordinary repair and replacement of the roads. Money for the Reserve Fund shall be held and accounted for separately from the general funds. The Annual Reserve Fund fee for each lot shall be computed by totaling the estimated payments from each of the Lot Owners necessary to reach the amount necessary to replace the road over a fifteen (15)year period. Likewise the owners of lots 11 and 12 shall each pay 25% of one . (1) share. b. In the event that unforeseen extraordinary expenses arise and sufficient funds are not available in the above described Reserve Fund, Cove Beach Estates may recommend a special assessment which must be approved by a simple majority of all Lot Owners. All Lot Owners so assessed shall be obligated to promptly pay the amount of the Special Assessment to Cove Beach Estates. D. TAX ASSESSMENT a. In the event the roads are assessed by the Town of Southold and real property taxes are required to be paid thereon it is understood and agreed that the real property tax for the roads will be apportioned among the lot owners and included in the tax bill for each lot. In addition Cove Beach Estates, LLC will request that the road tax be apportioned among the subdivision lots equally except to lots 11 and 12 which should be assessed only '/4(25%) each of the share of the tax attributed to the other(15) lots. E. PERMITTED AND PROHIBITED USES 1. Declarant hereby declares that the roads shall be used by the Lot Owners, their guests and invitees subject to the following restrictions: a. When installing, maintaining, or otherwise servicing utility and service lines, Lot Owners shall have their respective agents, employees, contractors and subcontractors,-and other representatives (1) use reasonable care not to damage the road; (ii) minimize the disturbance of shrubbery or other vegetation along the road; and (iii) upon completion of repair or maintenance, restore the road substantially to the same condition as existed at the time of commencement of the work. b. The road shall not be used for the dumping or abandoning of any solid waste or debris on or along its length. c. No construction or installation of any structures of any kind, permanent or otherwise(including, but not limited to, gates), may be made without prior written consent of Cove Beach Estates. Page 3 of 6 d. No construction or installation of any structures and/or landscaping which serve to impede sight lines along, entering upon, or existing from the road may be made. e. No alternation or modification of the road, once constructed, will be permitted without prior written consent of Cove Beach Estates. F. TERMS OF PAYMENT 1. All Maintenance Costs, Reserve Fund fees, and Special Assessments as detailed above shall be billed to the Lot Owners in their proportionate share and shall be required to be paid within thirty(30) days after the date of the"Maintenance Costs" statement is mailed by Cove Beach Estates, 2. The Lot Owners shall comply with the terms of this Declaration. In the event that. any Lot Owners fails to comply with the terms set forth herein within thirty(30) days after notice of violation is given by Cove Beach Estates, then Cove Beach Estates shall have the right and power to enforce by any action or proceeding at law or in equity, all the terms of this Declaration including but not limited to obtaining a judgment for the sum owing, including costs and reasonable attorneys'fee to collect the sum or sums owing.. G. AMENDMENT This Declaration may be amended by Declarant, its successors or assigns only upon approval of the Planning Board of the Town of Southold and the office of the Attorney General of the State of New York. H. MISCELLANEOUS 1. If any section, subsection, paragraph, clause, phrase, or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 2. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein, and they are deemed to be incorporated herein and made a part hereof as though fully set forth. 3. The within Declaration shall run with the land and shall be binding upon the Declarant, his heirs, successors and assigns, and upon all persons or entities claiming under them, Page 4 of 6 and may not be annulled, waived, changed, modified, terminated., revoked, or amended by subsequent owners of the premises. 4. All notices required under this Declaration shall be mailed to the Lot Owners' addresses rather than to the property addresses unless other arrangements have been made by the Lot Owner. Notice shall be deemed effective when mailed. 5. In the event that the Declarant is no longer in title to any portion of the subdivision, then the owner of Lot No. 1 on the subdivision map shall thereafter be responsible for retaining an agent to manage, administer, maintain and operate the subdivision roads in accordance with the provisions of this Declaration. IN WITNESS WHEREOF, the Declarant has executed this Declaration the.day and year first above written. c arant: o e Beach Estates, LLC Ba oul rtteveen/Member eclarant: ce n P int Development Corp. By: etT itteveen/President STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) On the !4 day o�2004, before me, the undersigned, personally appeared Raoul J. Witteveen, 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 Page 5 of 6 i 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. t Notary Public CHARLES R.CUDDY Notary Public, State of New York STATE OF NEW YORK NO•S872225 ss.: Commission lfF Aires DecemCounty er 31,20E�- COUNTY OF SUFFOLK ) STATE OF NEW YORK ss.: County of Suffolk I, EDWARD P. ROMAINE,Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County(said Court being a Court of Record)DO HEREBY CERTIFY that I have compared the annexed copy of and that it is a just and true copy of such original and of the whole thereof. IN TESTIMONY WHEREOF,I have hereunto set y hand and affixed the seal of said County f and Court this day of -j-tf./V 1e.�d C/� .�,.. f . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .� . . .� . . . . . . . . . . . . . . . �� Form N0. 104 Clerk. 1a-1os..1tieacs Page 6 of 6 SCHEDULE "A" 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 MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEASTERLY SIDE OF MAIN ROAD AT THE SOUTH WEST CORNER OF THE PREMISES ABOUT TO BE DESCRIBED HEREIN; SAID POINT BEING ALSO INTERSECTED BY THE SOUTH WEST CORNER OF THE PREMISES ABOUT TO BE DESCRIBED HEREIN AND THE SOUTH EAST CORNER OF LAND NOW OR FORMERLY OF FRANK R. RUSSEL AND OTHERS; RUNNING THENCE FROM SAID POINT OR PLACE OF BEGINNING ALONG LAND OF FRANK R. RUSSEL AND OTHERS THE FOLLOWING FOUR (4) COURSES AND DISTANCES: 1. NORTH 23 DEGREES '22 MINUTES 16 SECONDS WEST 211.37 FEET; 2 . SOUTH 60 DEGREES 31 MINUTES 44 SECONDS WEST 27.55 FEET; 3. NORTH 25 DEGREES 15 MINUTES 16 SECONDS WEST 402.42 FEET; 4. SOUTH 72 DEGREES 32 MINUTES 04 SECONDS WEST 52.24 FEET TO LAND NOW OR FORMERLY OFFRONALD JR. AND BARBARA EDEEN; RUNNING THENCE ALONG SAID LAND THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1. SOUTH 77 DEGREES 58 MINUTES 14 SECONDS WEST 155.85 FEET; .2. SOUTH 74 DEGREES 31 MINUTES 54 SECONDS WEST 59.26 FEET TO LAND NOW OR FORMERLY OF FRANK E. BEGORA JR. AND IRIS R. BEGORA; RUNNING THENCE ALONG LAND NOW OR FORMERLY OF FRANK E. BEGORA JR. AND IRIS R. BEGORA THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1. SOUTH 78 DEGREES 29 MINUTES 54 SECONDS WEST 295.42 FEET; 2. SOUTH 27 DEGREES 28 MINUTES 06 SECONDS EAST 11.58 FEET TO LAND NOW OR FORMERLY OF MYRON BROWN; RUNNING THENCE ALONG LAND OF MYRON BROWN, SOUTH 76 DEGREES 28 MINUTES 04 SECONDS WEST 180.74 FEET TO LAND NOW OR FORMERLY OF JOHN AND LUZ PSAROUDAKIS; 1. RUNNING THENCE ALONG LAND OF JOHN AND LUZ PSAROUDAKIS AND LAND NOW OR FORMERLY OF DOROTHY E. COOK, NORTH 24 DEGREES 08 MINUTES 36 SECONDS WEST 180.93 FEET; THENCE STILL ALONG LAND NOW OR FORMERLY PSAROUDAKIS SOUTH.65 DEGREES 14 MINUTES 14 SECONDS WEST 149.91 FEET TO THE EASTERLY SIDE OF KAYLEIGH'S COURT THENCE ALONG THE EASTERLY SIDE OF KAYLEIGH'S COURT AND ALONG LAND NOW OR FORMERLY SINATRA 974.50 FEET THENCE ALONG LAND NOW OR FORMERLY COTRONE THE FOLLOWING (2) COURSES AND DISTANCES: 1. NORTH 24 DEGREES 41 MINUTES 16 SECONDS WEST 196.87 FEET 2. SOUTH 44 DEGREES 10 MINUTES 44 SECONDS WEST 79.47 FEET TO LAND NOW OR FORMERLY PAPAZAHARION THENCE ALONG LAST MENTIONED LANDS AND LAND OF CAMBELL AND SEREMETIS THE FOLLOWING (8) COURSES AND DISTANCES: 1. NORTH 25 DEGREES 17 MINUTES -16. SECTION WEST 21.36 FEET 2. NORTH 44 DEGREES 10 MINUTES 44 SECTION EAST 79.80 FEET 3. NORTH 24 DEGREES 01 MINUTES 26 SECTION WEST 89.15 FEET 4. NORTH 23 DEGREES 38 MINUTES 36 SECTION WEST 225.46 FEET S. NORTH 24 DEGREES 51 MINUTES 36 SECTION WEST 126.14 FEET 6. NORTH 23 DEGREES 34 MINUTES 16 SECTION WEST 151.92 FEET 7. NORTH 24 DEGREES 10 MINUTES 10 SECTION WEST 99.97 FEET 8 NORTH 26 DEGREES 22 MINUTES 46 SECTION WEST 174.98 FEET TO LAND NOW OR FORMERLY GARVEY THENCE NORTHEASTERLY ALONG LAND GARVEY AND LAND NOW OR FORMERLY OCEAN POINT DEVELOPMENT CORP. THE FOLLOWING (2) COURSES AND DISTANCES: 1. NORTH 62 DEGREES 11 MINUTES 16 SECTION EAST 149'.09 FEET 2. NORTH 61 DEGREES 16 MINUTES 04 SECTION EAST 167.63 FEET TO LAND NOW OR FORMERLY NFRE DEVELOPMENT CORP. RUNNING THENCE ALONG LAND NOW OR FORMERLY NFRE DEVELOPMENT CORP. THE FOLLOWING TEN (10) COURSES AND DISTANCES: 1. SOUTH 25 DEGREES 31 MINUTES 36 SECONDS EAST 836.45 FEET; 2. NORTH 65 DEGREES 47 MINUTES 54 SECONDS EAST 288 FEET; 3 . NORTH 24 DEGREES 12 MINUTES 06 SECONDS WEST 176.10 FEET; 4. NORTH 24 DEGREES 38. MINUTES 46 SECONDS WEST 113 .47 FEET; 5. NORTH 23 DEGREES 32 MINUTES 36 SECONDS. WEST 110.05 FEET; 6. NORTH 25 DEGREES 39 MINUTES 46 SECONDS WEST 101.00 FEET; 2 7. NORTH 23 DEGREES 04 MINUTES 56 SECONDS WEST 88.65 FEET; 8. NORTH 26 DEGREES 21 MINUTES 26 SECONDS WEST 100.90 FEET; 9. NORTH 28 DEGREES 48 MINUTES 16 SECONDS WEST 101.34 FEET; 10. NORTH 33 DEGREES 26 MINUTES 56 SECONDS WEST 68.56 FEET TO OTHER LAND NOW OR FORMERLY OF OCEAN POINT DEVELOPMENT CORP. ; THENCE ALONG SAID LAND 1. NORTH 61 DEGREES 22 MINUTES 14 SECONDS EAST 97.62 FEET; THENCE NORTHERLY ALONG LAND NOW OR FORMERLY OCEAN POINT DEVELOPMENT CORP. THE FOLLOWING (7) COURSES AND DISTANCES: 1. NORTH 24 DEGREES 21 MINUTES 26 SECTION WEST 46.62 FEET 2 . THENCE NORTHERLY ALONG AN ARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 425.00 FEET A LENGTH OF 208.23 FEET; 3. NORTH 24 DEGREES <21 MINUTES 26 SECTION WEST 508.06 FEET 4. THENCE WESTERLY ALONG AN ARC OF A CURVEY BEARING TO THE LEFT HAVING A RADIUS OF 25.00 FEET A LENGTH OF 34.83 FEET 5 . ALONG NORTHERLY ALONG AN ARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 60.00 FEET A LENGTH OF 224.42 FEET 6. NORTH 45 DEGREES 03 MINUTES 26 SECTION WEST 16.60 FEET 7. NORTH 02 DEGREES 48 MINUTES 04 SECTION EAST 527.67 FEET TO THE APPROXIMATE HIGH WATER MARK OF LONG ISLAND SOUND THENCE SOUTHWESTERLY ALONG THE APPROXIMATE HIGH WATER MARK OF LONG ISLAND SOUND THE FOLLOWING TIE LINE COURSES AND DISTANCES THENCE ALONG SAID HIGH WATER MARK OF THE LONG ISLAND SOUND THE FOLLOWING 15 TIE LINE COURSES AND DISTANCES: 1. SOUTH 83 DEGREES 14 MINUTES 46 SECONDS EAST 28.26 FEET; 2 . SOUTH 62 DEGREES 51 MINUTES 09 SECONDS EAST 201.85 FEET; 3 . SOUTH 13 DEGREES 33 MINUTES 58 SECONDS EAST 39.20 FEET; 4. SOUTH 44 DEGREES 24 MINUTES 15 SECONDS EAST 85.68 FEET; S. SOUTH 35 DEGREES 17 MINUTES 27. SECONDS EAST 447.02 FEET; 3 6. SOUTH 54 DEGREES 42 MINUTES 50 SECONDS EAST 142.20 FEET; 7. SOUTH 61 DEGREES 51 MINUTES 04 SECONDS EAST 142.78 FEET; 8. SOUTH 67 DEGREES 52 MINUTES 44 SECONDS EAST 167.49 FEET; 9. SOUTH 73 DEGREES 20' MINUTES 32 SECONDS EAST 501.35 FEET; 10. SOUTH 70 DEGREES 23 MINUTES 39 SECONDS EAST 215.43 FEET; 11. SOUTH 73 DEGREES 28 MINUTES 00 SECONDS EAST 227.73 FEET; 12. SOUTH 71 DEGREES 06 MINUTES 21 SECONDS EAST 210.19 FEET; 13 . SOUTH 82 DEGREES 49 MINUTES 39 SECONDS EAST 69.50 FEET; 14. SOUTH 76 DEGREES 56 MINUTES 14 SECONDS EAST 108.12 FEET; 15. SOUTH 81 DEGREES 51 MINUTES 42 SECONDS EAST 321.20 FEET TO LAND NOW OR FORMERLY OF ROBERT W. AND DAVID GILLESPIE; THENCE ALONG SAID LAND, SOUTH 06 DEGREES 24 MINUTES 34 SECONDS WEST 198.78 FEET TO DAM POND; THENCE ALONG DAM POND THE FOLLOWING 33 COURSES AND DISTANCES: 1. SOUTH 89 DEGREES 19 MINUTES 53 SECONDS WEST 73 .93 FEET; 2. NORTH 75 DEGREES 37 MINUTES 52 SECONDS WEST 48.78 FEET; 3 . NORTH 87 DEGREES 59 MINUTES 45 SECONDS WEST 58.54 FEET; 4. NORTH 89 DEGREES 33 MINUTES 38 SECONDS WEST 37.38 FEET; S. NORTH 63 DEGREES 46 MINUTES 47 SECONDS WEST 46.02. FEET; 6. NORTH 85 DEGREES 42 MINUTES 49 SECONDS WEST 63 .84 FEET; 7. NORTH 66 DEGREES 04 MINUTES 49 SECONDS WEST 28.08 FEET; 8. SOUTH 33 DEGREES 57 MINUTES 52 SECONDS EAST 180.87 FEET; 9. SOUTH 18 DEGREES 42 MINUTES 02 SECONDS EAST 110.06 FEET; 10. NORTH 89 DEGREES 10 MINUTES 25 SECONDS EAST 85.79 FEET;. 11. SOUTH 38 DEGREES 23 MINUTES 13 SECONDS EAST 81.33 FEET; 12. SOUTH 24 DEGREES 16 MINUTES 05 SECONDS EAST 73 .11 FEET; i.• 4 13 . SOUTH 51 DEGREES 10 MINUTES 48 SECONDS WEST 49.25 FEET; 14. SOUTH 32 DEGREES 39 MINUTES 33 SECONDS EAST 58.55 FEET; 15. SOUTH 28 DEGREES 04 MINUTES 43 SECONDS WEST 53.12 FEET; 16. SOUTH 82 DEGREES 54 MINUTES 21 SECONDS WEST 46.53 FEET; 17. NORTH 77 DEGREES 57 MINUTES 36 SECONDS WEST 146.19 FEET; 18. SOUTH 63 DEGREES 05 MINUTES 10 SECONDS WEST 64.68 FEET; 19. SOUTH 4 DEGREES 56 MINUTES 12 SECONDS WEST 73 .36 FEET; 20. SOUTH 23 DEGREES 18 MINUTES 55 SECONDS EAST 58.90 FEET; 21. SOUTH 55 DEGREES 48 MINUTES 53 SECONDS EAST 32.68 FEET; 22. NORTH 86 DEGREES 48 MINUTES 55 SECONDS EAST 82 .98. FEET; 23 . SOUTH 75 DEGREES 54 MINUTES 56 SECONDS EAST 68.06 FEET; 24. NORTH 55 DEGREES 39 MINUTES 06 SECONDS EAST 61.71 FEET; 25. NORTH 14 DEGREES 48 MINUTES 34 SECONDS EAST 92.74 FEET; 26. NORTH 53 DEGREES 31 MINUTES 16 SECONDS EAST 24.33 FEET; 27. SOUTH 7 DEGREES 39 MINUTES 07 SECONDS EAST 31.57 FEET; 28. SOUTH 11 DEGREES 06 MINTJTES- 27 SECONDS WEST 49.53 FEET; 29. SOUTH 19 DEGREES 55 MINUTES 03 SECONDS EAST 106.82 FEET; 30. SOUTH 56 DEGREES 03 MINUTES 02 SECONDS WEST 48.86 FEET; 31. SOUTH 77 DEGREES 01 MINUTES 56 SECONDS WEST 61.30 FEET; 32. SOUTH 79 DEGREES 24 MINUTES 50 SECONDS WEST 79.63 FEET; 33. SOUTH 16 DEGREES 48 MINUTES 29 SECONDS WEST 20.47 FEET TO LAND NOW-OR FORMERLY OF JOSEPH FREDERICK GAZZA; THENCE ALONG SAID LAND THE FOLLOWING TWO COURSES. AND DISTANCES: 1. NORTH 87 DEGREES 08 MINUTES 46 SECONDS WEST 103.77 FEET; 2 . NORTH 00 DEGREES 35 'MINUTES 14 SECONDS EAST 9 FEET; 5 THENCE STILL ALONG LAND OF GAZZA AND LAND NOW OR FORMERLY OF BERNICE LETTIERI, NORTH 89.DEGREES 05 MINUTES 36 SECONDS WEST 450 .01 FEET; THENCE ALONG SAID LAND OF LETTIERI AND OTHER LAND OF JOSEPH FREDERICK GAZZA, SOUTH 89 DEGREES 43 MINUTES 34 SECONDS WEST 520.88 FEET; THENCE STILL ALONG SAID LAND OF GAZZA, SOUTH 25 DEGREES 30 MINUTES 6 SECONDS EAST 608.15 FEET TO LAND NOW OR FORMERLY OF ANDREW LETTIERI; THENCE ALONG SAID LAND OF LETTIERI THE FOLLOWING EIGHT (8) COURSES AND DISTANCES: 1. NORTH 81 DEGREES 12 MINUTES 16 SECONDS WEST 312'.90 FEET; 2. SOUTH 32 DEGREES 12 MINUTES 06 SECONDS EAST 144.10 FEET; 3. SOUTH 27 DEGREES 10 MINUTES 36 SECONDS EAST 71.14 FEET; 4. SOUTH 27 DEGREES 49 MINUTES 46 SECONDS EAST 111.96 FEET; 5. SOUTH 25 DEGREES 15 MINUTES 36 SECONDS EAST 598.78 FEET; G. SOUTH 26 DEGREES 45 MINUTES 36 SECONDS EAST 387.32 FEET; 7. NORTH 63 DEGREES 01 MINUTES 44 SECONDS EAST 23 .10 FEET; 8. SOUTH 25 DEGREES 30 MINUTES 16 SECONDS EAST 242.90 FEET TO THE NORTHWEST SIDE OF MAIN ROAD; RUNNING THENCE ALONG THE NORTHWEST SIDE OF MAIN ROAD, SOUTH 83 DEGREES 03 MINUTES 14 SECONDS WEST 86.62 FEET TO THE POIDTT'OR PLACE OF BEGINNING. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 022.000 BLOCK 03 .00 LOT 018.007, 018.008, AND 009.001 6 Karen A. Hoeg Pailner Tlwo ey Lath m V.. 631.727.2180 x269 SHEA, KELLEY, DUBIN & QUARTARAR4, LLP khoegt@suffolklaw.com 141 West Second St Rivei head,N`r'1190 --Aolkla�-};..;m Thoma-s A T%,i--orrey,Jr {, 945-201 4? August 2, 2023 John F Shea,III hi-sl-pner C Kelle�� Cavia M Dub,- .lay F Quertararo T Q � Peter M,Mott V Janice L Snead Kathryn Daf1i Via inail elo iessicam("outholdtownny. roy L Jeffrey V.Pagai,o a Kai en 1 Hoeg Donald Wilcenski RECEIVED Sernadette E.'uth'1I Chairman of the Planning Board Cfai;H Handler Fryer,Li Cf300 Planning Board Office AUG 0 2 :?I Caniel R.Bar^ard 71 Town Hall Annex I SENI0R,(0U\15EL P.O. Box 1179 S uthok �Zt open B Lath:3m 54375 State Route 25 Planning Board Southold,NY 11971 Re Cove Beach Estates Subdivision %14-- L l.rx'1,11w" Located n/o Main Road, approx. 1,000' east of Kayleigh's Court '`'.a J-e ) �-`l in East Marion r°i,o,,. Hun-It SCTM#1000-22.-3-18.11 through 18.23, Zone:R-80 cF f:OLiNSFL SCTM#1000-31-4-35 & 36 Lisa Cla, -Corilonr' k ev,n trl F-):c Pa'ricr3.l R issell Dear Chairman Wilcenski and Members of the Board: Jenrn!fer P Nigro Joan Morgan This firm represents Henry Mazzoni and Hugh Switzer, owners of two of the lots SUc_it Ke i I-at--'-varke, in the Cove Beach Estates Subdivision(the "Subdivision") referenced above. Mr. All sc.i, .,yh Mazzoni owns the residential lot identified as SCTM#1000-22-3-18.14. Mr. Switzer owns the residential lot identified as SCTM#1000-22-3-18.6. 4 � There are 12 lots in all in the Subdivision. Two of those lots are held by persons ..1.A--- other than the developer, Cove Beach Estates LLC, whose principal member is Raoul J. Witteveen (collectively, the "Owner" or "Witteveen"). Two of the I, remaining eight lots held by Witteveen are dedicated open space lots. The Property Main office Owner List for the Subdivision is attached as Exhibit "A". A map of the ;� 1:�2C�!f1;7::=�5 S! P`-' Bov Z439F Subdivision with the lots highlighted is attached as Exhibit"B". River iPad NY 11901 631.727.2180 We are writing as our clients are seeking relief from the Town of Southold. s uffolkiaw.cvm Specifically, they demand that the Town declare the Owner in default and call the performance bond related to the Subdivision pursuant to New York Town Law § 277(9)(e) and the Town of Southold's Code Sec. 240-34(B). August 2, 2023 Page No. 2 That bond,posted in 2004, was on the Owner to ensure that the roads servicing the Subdivision would be adequately completed. Almost two decades have passed and those roads remain unfinished. Because these roads remain unfinished, the Town has refused to issue building permits to our clients, so that they might build residences on their respective lots. Final Plat Approval. By letter dated June 15, 2004, the Town Planning Board informed the Town Clerk that it had granted final plat approval to the proposed Subdivision, subject to two conditions. One was the acceptance by the Town of a Letter of Credit in connection with a$ 705,710.00 performance bond for the paving of the roads associated with the Subdivision. That amount was based on a 2004 estimate of cost. The other condition was the filing and recording of a"Road Maintenance Declaration." The Performance Bond. Some initial work was done to improve the roads: drainage, curbs, and work up of the first lift of asphalt. The Town's Engineer at that time prepared a revised bond estimate for the remaining work, totaling $186,318.00. That revised estimate was dated August 13, 2008. However, it was not until six years later that Witteveen requested that the initial bond amount be reduced to the amount proposed by the Town's Engineer. In late 2015, the Town approved the reduction of the performance bond. Despite the six-year lapse in time, the Town inexplicably did not have a new estimate prepared by the Town Engineer, nor is there any evidence that the bond amount was adequate for the work remaining as of 2015. The Road Maintenance Declaration. As for the Road Maintenance Declaration, it was dated June 14,2004 and recorded on June 23, 2004, in the Suffolk County Clerk's Office in Liber 12323, page 677. A copy of the recorded Declaration is attached as Exhibit"C". The Declaration was made by the Owner of the Subdivision's LLC, Cove Beach Estates LLC, and by ocean Point Development Corp. ("Ocean Point"), as owner of the road which services the five lot subdivision adjoining the LLC's Subdivision. Ocean Point is also controlled by Witteveen as its President. The lots for the LLC take access to Main Road in East Marion via Cove Beach Drive and then along Stoney Beach Road; the Stoney Beach Road Extension provides access to the five- lot subdivision of ocean Point. See Map, Exhibit"B". All these roads are referred to collectively in the Declaration as"the roads." Similarly, the 12 LLC lots and the five ocean Point lots are referred to collectively as the 17 "subdivision lots." Under the Declaration, Sec. (B)(1), the owners of each of the subdivision lots agreed that the LLC was required to"manage, administer,maintain and operate the August 2, 2023 Page No. 3 subdivision roads" and "provide year-round management of the road as a right of way." Routine maintenance of the roads, included but was not limited to"repair of the pavement as necessary to keep the road in good working order." Response to Building Permit Application. In late 2021, an application for a building permit for construction on the property of Mr. Mazzoni,, one of our clients, was denied. Following the denial, on October 259 2021, the Town's Planning Director requested that the Town's Engineer "inspect the [subdivision] site and review"both the performance bond amount and the final road and drainage plans "to provide comments on the suitability of the infrastructure in its current condition, and the adequacy of the bond amount as they relate to permitting construction of homes to begin." In response, the Town's Engineer wrote the Town's Planning Director on October 26, 2021, that before a: thorough evaluation of the road and drainage system constructed, the developer must first cut back the weeds and brush along the road and road shoulder. Additionally, all leaching pools must be located and provided with a cast iron clean out cover to grade. Furthermore, prior to the issuance of a building permit on any lot, the four fire wells specific in the subdivision plans must be located and certified as sufficient and functional by the East Marion Fire District. Thereafter, the Town's Planning Director wrote to the LLC, informing the LLC the road"has become too overgrown to inspect,"and attached the letter of the Town's Engineer, referring to the "next steps" as laid out in that letter, quoted above. Site Inspection 2022. Time passed. Six months following the Town's letter, the LLC still had failed to clear the overgrowth in order for the inspection to occur— despite demands from our clients for the LLC to do so. Finally in March of 2022,our clients were left with no choice but to take matters into their own hands and paid to address the regrowth so that an inspection could occur. The Town Engineer and the Town Planning Director met at the Subdivision site with Mr. Mazzoni on Thursday, April 28, 2022. The results of that visit were reported to the Planning Board which, in response, issued a letter to the LLC outlining "the next steps towards being able to obtain a building permit for a August 2, 2023 Page No. 4 residence to be constructed." The letter of the Planning Board,dated May 10,2022, is attached as Exhibit "D". In its essence,, that letter conveyed that the roads were so far deteriorated that they would need to be rebuilt. Among the ten steps outlined therein, the first step identified was to "[e]stablish a revised Performance Bond to cover the necessary work to reconstruct the road based on up-to-date unit pricing." Some six months later, the only discernible response of the LLC's Owner, Witteveen, - of which we are aware - was to write the other owners of the Subdivision lots, including our clients,, a letter dated November 10, 2022, wherein the LLC assured the other owners that it had"preliminarily"formulated a"possible plan" to address the Town's concerns. A copy of this letter is attached as Exhibit "E". However,the LLC went on to take a position which appears to contradict that of the Town's in so far as the LLC stated: [T]he roads should not be put in 'final form' until construction on all various homes in the subdivision are substantially underway. Notwithstanding that, we have undertaken to retain the services of a professional engineer to embark upon initial review,and recommendations so as to proceed in a manner that will satisfy the Town on a 'short term' and, hopefully, long term basis. April 2023. Six more months passed. The LLC, as far as our clients could determine had done nothing. Accordingly, on April 20, 2023, we wrote to the LLC, Ocean Point and Harvey A.Arnoff,Esq., as counsel to these entities, informing them that they were in flagrant default of their obligation to finish and maintain the roads. We also detailed therein that the roads are now becoming a public nuisance as there is ongoing and open trespassing, property damage, fires and even accidents throughout the Subdivision, and a flimsy wooden gate that does not deter trespassers. Our clients received some assurances from the LLC that it would move forward, but still nothing has happened, and it is now August 2023. Grounds for Default. We respectfully submit herein that there are more than adequate grounds for asking the Town Board to declare a default on the LLC's performance bond at this time. August 2, 2023 Page No. 5 New York Town Law § 277(9)(e) defines a default on a security agreement posted to ensure performance as follows: Default of security agreement. In the event that any required improvements have not been installed as provided in this section within the term of such security agreement,, the town board may thereupon declare the said performance bond or security agreement to be in default and collect the sum remaining payable thereunder; and upon the receipt of the proceeds thereof,the town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds. In almost identical language, this Town's Code similarly provides at 240-34(B) that: Default. In the event that any required improvements have not been installed as provided in this section within the term of such security agreement, the Town Board may thereupon declare the said performance or maintenance bond or security agreement to be in default and collect the sum remaining payable thereunder; and upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds. Accordingly, we ask that the Planning Board make a recommendation to the Town Board to declare a default and to undertake the work needed to finish the roads of the Subdivision and bill the Owner of the Subdivision if the amount of the bond is insufficient to pay for the repairs that the Town deems necessary to issue building permits. August 2,2023 Page No. 6 We are happy to provide additional information as the Board may require. Please advise of the Board's action in this matter. Sincerel , erg A. Hoeg Enclosures cc: Scott Russell, Town Supervisor scut*re s sell Qa to wn.south _I nv.us Paul DeChance, Esq.,Town Attorney pauld fsoutholdtownn , ov Michael M. Collins, Town Engineer mi chael.cc l l i ns town. outhold.n .0 Heather Lanza, Town Planning Director hea(lie r.Ianza town.southoId.n y.us EXHIBIT "A" COVE BEACH ESTATES LLC PR OPERTY OWNER LIST COVE BEACH ESTATES SUBDIVISION: PROPERTY OWNER LIST 22.-3-18.11 22.-3-18.21 OPEN SPACE Cove Beach Estates LLC Cove Beach Estates LLC PO Box 250 PO Box 250 Cold Spring, NY 10516 Cold Spring, NY 10516 22--3-18.12 22 --3-18.22 OPEN SPACE Cove Beach Estates LLC Cove Beach Estates LLC PO Box 250 PC Box 250 Cold Spring, NY 10516 Cold Spring, NY 10516 22 .-3-18.13 Cove Beach Estates LLC 31.-4-35 (sub. Lot 11) 20 Box 250 Cove Beach Estates LLC Cold Spring, NY 10516 PO Box 250 Cold Spring, NY 10516 22.-3-18.14 Cove Realty Group, LLC 31.-4-36 (sub. Lot 12) 26 Delavan Street Cove Beach Estates LLC Brooklyn, NY 11231 20 Box 250 Cold Spring, NY 10516 22--3-18-15 Mazzoni, Henry 146-04 25th Rd Flushing, NY 11354 22.-3-18.16 Switzer Cove Beach LLC 4350 Sentinel View Rd NW Atlanta, GA 30327 22.-3-18.17 Truman's Triumph LLC C/O George Kougentakis 2420 National Dr Brooklyn, NY 11234 22.-3-18.18 Cove Beach Estates LLC PO Box 250 Cold Spring, NY 10516 22.-3-18.19 Cove Beach Estates LLC PO Box 250 Cold Spring, NY 10516 22.-3-18-20 Beaumont Timothy Beaumont Deborah 101 Stillwater Ave Massapequa, NY 11758 EXHIBIT "B" COVE BEACH ESTATE S LLC SUBDIVISION MAP 44 110 rat".ie 14 Of �i •Y JI PX 4� r"Y 7MJ}I RL VA Ya � •a 1 OF •+ WIL + 01 i1 • 1 _ i M � 4F •� dr_ 1•'Ma�w �icy��k •- +� Y-a �i 1: _ -'4..„� }. �7 6,0 of . f i 4f 40 t • �' - Y1 r A.y .Yam ,t �' •' _Ili +R'►t-•" �L. 0* i + mod'' R ;5a y �,• — •i 4+ ��, * ,, +^ 1 MD b)ail# J •'�, 14 '� a i TY tiyl r•r, ' IS �' 1• 'i,/ fif i7 j i 4I to � ry RAF ■ ,i �.i 'f' * _ ` 7'• fi TA* ti 7 Al 10 t •arY- �do - r • r ,ter,s �••••� •� t _low .=1Fs`V�JL• �. 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N wa r Am"—.0. ..�..,s'rr7 tear -rr- I� OPEN SPACE s+� a IL•c:�sC f A&4^�T w.PP Cx w%AmM itv xxamuarr.,.w.w col ��+-,r rLsD r.M 1VroLm eawT►��or rcL n f1•�l-•.1�L w�/e.w-..1• �, ti+ PARCEL N L A•.�lo t PJ+•+L L+J.sy.JAay i U.t+.��■�L ar•anrrl 1 •t•* +' ! or m u vc a rTm 1co.l a mvvi I"06,rjk0 re.r� GLt•v Pl — ' _ _.�..�.I+i 1dLL�O hb POOR kL LP TW R TW9 94 M IR LCV6�S4+r .+•+a1 r.ahrrr•I,•ry•w ruLoa.•o f im jk� hrt+ •+Tarsy-,•: % At •rMr #• i �+r1+sr r��r+ •-7.+1�CC Or *VC r1x iPj4f1 •A 1f --- 4 C +-wr r� .ov Pssr c►ri TA o .is rCrT +•••1 `�'• i W+na Q I"LACY+cr r pow A.f y r '4a I r PuL,MIIIMP ) IGW K 04#illFl1.16;' 16 �� .. +� 11131#FILE.No. I � 4- 15 215#ABS,No. FILED JUL13L + rt T FILEDtwt•• �t w�+�r' r . P " „.ys r'•aP,�ax y -+- ad + f4 .Y� a a �ft I La a+l,'f+•'s4.i,a•.tir - r .` dip i .tirV .r'+4+s.rP•a•J•rt •♦s h, _ate , �ay �� � '�It r a�,+.•,el'+#•�3+.•,f.•..�._,•+4�+4•� '� , { R 4 rt _•+a.7.Y 44,,ei aw P'6-J441- -1 7:.e+a;*aFr ~ +•. o�bAN10 a a ` • F y T •'� _ tip.. 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'+ f.CIL lO t•�• T^, W �'•L 4 11 t lJ�6 Q` r r ■�A«- �. -_ - �rlli4M.ILaw a•lit1r LE ++ i I♦rl 1 OPEN SPA .„.�'*•��. t PARGE_Aui •. r 4 1 � i i.- �� •* T , •i�-,ik;s.�+./,e4F Y�-r*+Ik 5y _ r r-Pblr AL FLor PLAN ..ter. 9 5V-CVEYOR'b r-eKT-!C.A ON • r�00 * -0 v ----,T..�.. �` „..--y•a4 ti.,I}r,rZ. 4 F4a"1-.�nr�+1 ' TdP.WL _ ; ! •i,.r'at�;�,;tr•Y r.*w.�.rear.ter, �r ,;... RDAV + �,FL fV'i�` _ .�,L fYi� 1. ,�f _.7 t �. r�.�..I a•.\as:...F iL+i.,r/f a4 A+.r�, •�rE\'.333■ � �h �Cr'r'.rh'�'�'r� � 'i �. �i •-4KYf+'tir'1a i•_��ak r+.�. �y�,i#1 •+''. � ro.v or ror�Twrly 1� �• I r. � P,IGGYIG L�Tru�i �■ ■ � J pf IC4L � .rr�"r�i.irrr�'.+'ti#ar�F.�..r-.-.v. ` V r EK 7r ACF- .L i�'4 YiF i�4&r�. T��YJ-LA,do�Z-40k r'Ai 0.fi4Y i.�h. 4 a ..r PARCEL 5 77 �Ig:�yJ,y t NAP OF 1 3123r37 x e� ''� •�-•. .T+ ■ _ COVE BEACH E5TATF-5 4L r _ _ _ _ •.L'a•r Ira '�, r r.y 4 + z- ---...,irlt - - ~`r�VlloPA Z<Pwnk�None 5�lra�lca f ■ :71 rl } PPL ;h`� �.rli r• F -s lr 5VPFO,_?c cau+TY vz!r ARTmmT or P-r-.T-v • �y+. �'} 5MV rGES HAIJP-AV6f,N T tG' ,��' � �, R,� :.v.,ti ...•mot. �..r:r�`u�_::.��-� --- PI, k. FINAL F"LAT *. ' yr 'tie#� '-� r�'.,�,{� _ -y. ,,-% .� �r•.yr.� - r �__- - {I 1Lir.Ati[r Ml•lI- i..tom MAO". U. �� ,�i �r � • � -'�...��•~. m.r. _ "� Af . � �►'*� � +�il � � �� `+� �r`p rJ` a. - ---- ___ sue. fi'�i++ _ kL, .1 .+y, ` •L �.. 7•'i! Y ri, i.:tib +tea.. ^. 4e SHEET! OF -Y `T '3 c,-! , r11A -,# f ...�.._-.,--ai-..... r,: fi.'14j1k■ w.•- -- ',' -•.+, 11 is a ! rt iF �.��t �.i - -. !l131 11 131#1 lierrr Na .!i 6 .�I+ti7�l..!r1.i_W-:br&A/r".A4 wa iir Pie�Irr.L-r� Kr'A*W*A OWN-4p+e Fe'H N�C 7 1 w+ti-"1:+y\ri ftOti�h.y.�.nv,no A •1 e L 7J 7 NJ rt� 15215#ABS.No. •.ca.....r.+r_n.7,•n'3�A_-Lal �FILEDyU11f2M �_ i.,�,,.+�f+tife r1 re asee••.wa■yes.irr.a .+...,+ +d:earlarsi#+/■'"1 4+�'eLAK4.rM I M��(µ r.w ia-�sr J ra'fM.a.�re+rw ere-. r + y ■ eVLaa+.epa..r.�.•,a.+m ek III%'An e� •Lk-'U.m%r 517E DATA 44 i I 3 TOTAL A 4CA Z5 FILES ,.� ..�,a... _ Ate. 1ul - � P+� �+�►■.c- eo lrf qr, 6- �v1.ft:a r-�.a R a e•awnya K*rS.MAW OR TCST AO._f 12^f A, APPROVED BY 1 GO,UTAL e�o6low yy IM,AKNWG SOARD VIP OAK f!► ■ AITT7GIUM l+r� .y I 77- I•� �_� _ s� �• I � 11 'r -- �` a •1r Af"C%.rYn.nATLK Vvftl a.. �i^ -�1 ,.tip,..--,- ■ Il f LoNG &WIWI 9aIFFFlr;'51 GeRTIPICAnoN da'F � 'a.•�e N�+r-.i :aa�•.+� ..�■S—ay-y.,rr,l3'•t.f f �'�L/ ur ;ins..IL• .0 .A'y..■i+4+�, J:ram,.. ■ .��— ,. �•r. �!i -M+el.+'w eN Iwo"rid a+Y:v y. •�a, i# " �■.l-J!fA�� -- _.r u -4�'`. nr+—� -'�L.+rat. �r.y.R_qr �.�� a }� —VeY �i•/r _y_er•ata..� -�:t+der'., a. _. } ' 7 ',e�.a •'-:'r+a ei�a�•. . i Wtir-, rrNlcu KOT Pew •'` { I ,J �+ SV YEYOft7 GeRT,rICATION +� } Q �''• +1 Ipq*1 a �� i �{ ,9 +' ter - + -. 'i*`; '� v+.rl; r. '-4 9& W r-®+±`ti.e■.a•,.er►� +rre.s.• Y N*.iC s.l': i r��I� t � # • � '``Jury �. _ h .�9r-' /l■•-i#M #a"w•....'A� .+y r•.. �`ti� a ,� '�+ + S +a�-.--r •' ��� t..r�•le•f� e?Yelo� . i or y� �M' fir' y�.r,{..C'�i�'`.k . O ��+:, -'- -—„'�'. -•.� T i1 ■ �r i. F _ - V as a GJ�t r7L•.:n Lol lr'_5-- r-�IhtwrA,t ila=, � _ e 4 � � f a4 r .� r+ 1 r. , 3ti y.�•■w �, r ` �C—Tu+.�ran TL*O;l:n wo ��' �, ,�J ,. ■a,y J►1 �+ #r"!. =s•w- q* ILI 1 1.,1w1 s t50ARP G.KTIf`GhTIOh —'--�-.; Vol �+r 0) �k .,"e+ .ar•.r F 714Y.+4.ali■.+f�eey 6 eIM yF{+ �, / r V '�, . �, f :`�•+� --%6ft �h.00' a`rML,V i•-y eMe44m~0A.7 Mw}il,-•r.�.r 17�**�.1 i,716+.f r +y}` J+ MAP OF ■.■# h��_ COVE BEACH ESTATES r rCir a�7'b 1' a C COr)L M1pf 1,7n�CJrF,.7I!a_.JLh,-i r7 j� {5UP-FOLK GOArY DEPARTH&ff or r�CA.LTH K�+n c.3 e 4 *� I „ +l��rek , y; S�FJ"CL5 KAL"A�►6C.NY IC b' Z. o5 J ay i is y � a "r ..�:y T a• ,•C _� � •. '.� # Zw a,-\rKl,Y WO K u_+V aovrra�,�a ti h J�� - �� ,� .� •tf � - t� ��rVr�y rtni V+V,w V r•=e.T/"-`pa M�r - _ —�. .� ~•r:�•mac_.•n ter.c erg.��.e. ,.-w..r... _r .-ai a �C\,r ti/C.�T.va.{,uti'.-e•�o+.a.M � � l"� SHEET? OF a +e s�! - (/ .C, .,�- - _ - ew rr r �.eeeeegV aei A+►+r�r i-+"'4.e'4s rn v.'.._�_ 6F s 11131#FILEIF .No. - `,�'-�"- - - � 5 1sway of you►Ig i . �'l'�+�& q T7.�.µt�GVJ�c D•w%t�7F"■O'VB o^lu rl 1.4 •uo urnanY+.rw"r'm?-.z j N..o rvr■i r.ve A. rL4Cd.Trr+Ci a aawnt*f Mo.F nWi'•rD rYO�.i r,IF� Nl-7a17-27W IC•INILT.ap MV LLD. ■I..yw ABS. r.a�un6s"a c i o Wr?C&A &orrwe r,<.�.1 • 11��v�l+�r 1 ter.,•. FILED JUL1 tii I.Y.rwN. �••1..�C 1�c■r.aw P+•w f +&L}-*-.w•J•aa f,r+ ry/�■y.f 1D KCTWIe 7L Q rrR AY aA 11+•,LYI■/•+l.Ll!wv.+ �- t+r INC C(II/C Cr f!i vve.ar.ficumm 1P,rm 1'natll _ --•�:---:_-�Ta, ra"MA119•emw ry a l—Lam r n.i d..-•.r.Tr csvaror•r..lI ' TE D.4Tr. FILED r,�cwvw►.D rm ro.La■.a 51 LOT adi .,ate as bp c•u�r.w •w fQ f f ' $ dI4•�:.'■s'� ■i i L�Ao>t 1+ ..r7 YG7 VCTM FUl r^-" N 1':Ci 1 /r nL i IR�� i7 fOfl vAmW .60 1 CC- 4M 75•arl Lbw+,l Or sfatr 6LA&ranun: .u� LL +� MST hOLE DATA v� :•+_ r �� ! � + �+�•'Rc m -t -— L d pyh APPROVED By 1 ;, � •� n: �� ;",A r ��,. MJAKNIK6 WARD 1 H + ` •t; _tow w of x l"UR D , i 46, / • ate+•-"� 1 = _ to y■F%'llrllfr w � +lLai. O'W r a.;4r `+�D�+�:. .....�RACAES' 4� rt"' '�!r►�* ■� .' Ut_..+_al jj'..a+L° ,- +rrrT� 1 ♦ #1■r q ++r ~1 + !'1�+.G4t b■•?".+i tin4"�, .+� + ..-„ .rrr•, —--- — —_ S i, 117:�p•.■! r� RIP"•I � � �Y � ' ��f.t *-.W4 I 5 �#•L+CfiraC+w�►;la �_ '��Fr LYF 1 ri 'kr 1 ,�p4Mb 1 6lIC�R�L7 T�c i r .'.. .M•4a+.,.t„r y,. ■_ 1.. DAM POND :., ,1-.,.�.�.�;.�.+�•.'�.s� ._�. •� } �'. Jyd IFI - �jy - _ .s✓_+_�J.'S~ ei Y ••i.1�••.ta._."M ■F~'� f 1 • .aL.•,1:s i • _ r +�•7.ad1_r i d .i rik VL■5 F•�y •' ., L.�•lrRw r 1�:L'+ F+ ra y F. L • • • 7'• �-. ----s-- 71FIG.ti rLG'r fLNI -- *AVVZYC;K;GERTIf IGA710N "M�•.a•hr? 4'. ' yam -ti 1 `�'t►L: ■ Ile- T=WILC +.'+ r7 �. ..:_eleLy Litf�Kr'+wr.Lrl•�.+�✓++ r.7 0 ,i Ail, 1 _ ,. .�,@ n r i .I"...w+.-arlcl L+•n a 1-Ct-Al..-I ■ OF"JI/'w.rdL • 4 91 I 4.` 1.•.e .sr�.i �. Lys �Q1 I �i*� ' '� .I L' rr.AA. .•w + y- +lam pA� 4741 '� r•� �1 e` t "1-1? 3 . f i TIFF r' i+l■ Play M ' ri Iar••l,rr!D4 w � -� �'Q^p =_ as .���-r vp . NL . . . r4L1• � F %el.--J7Tr r.Fr••{.N�11■h' au • 4# 1+.46&-•-.••Li iL..r 4e.���=tt'./- w ioF ' 1 f ,+'G4 _'+'•, ti.•a or 0 �''_*r• -- +sc a �li•['d^J+'#1 It4*.�d' d � '!Y � w�1.IL.6_ai-1-..�..1dVUUl.rw.W,.''.. 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EXHIBIT "C" COVE BEACH ESTATES LLC ROAD MAINTENANCE, DECLARATION �I Il lfll l lid Illll IIIII 11111 I�III 1�lll 11111 llill 1111 Il l SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Tn a of Instrument: DECLARATION/DOP Recorded: 06/23/2004 Number of Pages: 13 At: 02:58:57 PM Receipt Number 04-0070928 LIBER: D00012326 PAGE: 677 3 District Section: Block: Lot: 1000 022.00 03,30 009,001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $39-00 NO Handling $5.00 NO COE $5 .00 NO NYS SRCHG $15-00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copiies $8.45 NO RPT $90.00 NO 3CTM $0.00 NO Fees Paid $162-45 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County i �3 J..i Tip RRENS Serial� � � �- r•,,�•`. ir'�`i�-: I P t,?7 yt f Certi;ica!a Y t ICf:Mif - Dead;Mortgage In_trument Deal/Mortgage Ta,s Stamp Recording'Filing Stamps P .0e 7 F US Pager'Filing Fed hlortgaber'unL. H3ndline t-Basio Tax TP-S 54 2.Additional Tax Notation Sub Total FA-S?i?(Counr,) Sub Total -�--- __ Spec./Assit. Eel-5217(S tata) Or Spec.,Add. TOT,hITG.TA A. 1�o1ni1ti.of Ed. Soo # ,� Dual To�%•n Dual Count; � Held for Apportionment A rfildac it -- + A r Transfer Ta►: d C�L��}• erg Mansion Taff _ --- -—- 4—•--- The property-coti•eretl by el►i;ntorr age is or Reg Copy %vjII be irnpr`oti-ed br a ane ur t,-t o CAmiI Sub TaW dueititl0 onlj. Other .�t� ---- 7 LrES U;VJO_��— GK.�vD iG�'r�L Ir NO,see appropi iacc ta.t clrRuse ail page --•T% of this instrument Im I Real Property Tax Service Apacy Verification Communtry Preszrj'ation Fund Dist. Section D lock Lot Consideration Amount 5 st%mllp I1 1000 02200 0300 009001 4.7. =PF Tax ELLS _ . 1000 02200 0300 01Q007 Datz � _'� litj�tt�4d 1000 02200 0300 019008 18. -- E A� 1000 02200 0300 019010 Initials �O�Amr 'tip acaiir Lary►l rm_;e�dd'qs, TG RECORD&RE`1~I r 0 TV- �Tl� Charles R. Cuddy, Esq. D P.O. Sox 1547 - ED 445 Griff ing Ave. � Riverhead, NY 11901 FO.W. Witte t mpany Information e Sulrolk o n e Recording Endorsement' Peer -fll i s PLl -ge farms part of the attached ^.RQAD fL�X NT ENA NC E DEGLMAT IOIY m a de b,r (SPECIFY n-TF,OF INSTRL.N►ENT} Cove Beach Estates, LLC and The premises herein is situated ul []cte Iovnen t Caro. R HOLK CO Nl ,NFW YORK. TO In the TotN-nslup Of Southold _.- In the VTLLACTE _ or j-biN•B,ET of East Marion 5 C fRl;9 kri 1.r-.,T R.7-%IPPn r r7 Dpmrrcn Mr nr i ew,T% r, n.•,...* �•_��_. C ROAD NIAINT ENANCE. DECLARATION" THIS Declaration ("Declaration") is made this 14"' day of June, 2004, by Cove Beacb Estates, [.1-C havi'n.&Y,ari office at 90 I-lark Avenue, Suite 17141,New'York,NY 1001-6 hereinafter referred to as 111)ezlairant,"and by 0CIeaii Point Development Corp-having an office at 90 Park Avenue, Sul to 17141 New York,NN' I QO 16 as owner of the road-which services the 5 1 oL subdivision-adjoining the Cove Beach Estates land. WHEREAS., the Declarant is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State of New)'ork,known �.nd desi-grated on the Suffolk County Tax Map as District 1000, Section 22,Block .'), and Lots 9.1 'tnd 18,7, 1�.S which parcel is described at Schedule A, and Ocean Point Development Corp. is the owner in fee simple of real property situate in the Town of S o utho Id, County of S uffo I k, State o F New York, known and designated on the Suffolk Country Tax' Map as District 1000 Section 222.Block 3 Lot 18-1 -*vhlch parcel connects the Cove Beach Estates parcels to Five(-5) existing subdivided-lots, a which lots are known and designated on the SLI1T0lk County Tax Map as District 1000 Section 22 Block 3 Lots 31) 291) 291) 3 0 and 3 1. and WHEREAS, Declarant has made an application to subdivide the Cove Beach real property(Parcel A) into twelve(1.2) lots, as shokim on the subdivision map of Cove Beach Estates, LL C prepared by Young& Young and last dated October 3 1 11 ?003, and WREREAS9 Declarant desires to provide for maintenance and manacrement of the road-way which provides ingrVess and egress to the twelve(121)Cove Beach subdivision lots and with the Ocean Point Development Corp.. parcel will provide access to the adjoining five(5) lot %.0 subdivision on the west, (together referred to as the"subdivision lots")- NOW9 THEREFORE,for purposes of carrying out the intentions above expressed and in consideration of the fore(lrolila recitals, the Declarant hereby covenants and agrees that the subdivision lots shall hereafter be sub'ject to the covenants and restrictions as herein cited. All the provisions of this Declaration sh a]I operate as covenants ru n n I ng with the laid and shall be binding upon all purchasers and holders of the subdivision lots, their heirs, successors and assigns, to wit: A. ROAD D ES I GN AND CONSTR U CTI 0 N The Cove Beach subdivision roads shall be located as sho\Atn on the subdivision map and shall be paved to a width of[6 feet and run a distance of approximately 5,000 feet. Title to the roads known as Cove Beach Drive,and Stoney Beach Road,shall rernain with Cove Beach Estates, Page 1 of LLC its successors or assigns with its use subject to this Declaration, and title to the road known as Stoney Beach Road Extension shall remain With Ocean n Point Development Corp. its successors or assigns subject to this Declaration. Together Cove Beach Drive, Stoney Beach Road and Stoney Beach Road Extension shall herein be referred to as "the roads". B.MAINTENANCE AND N-IANAGENIENT OF RO-kDS 1. The owners of each of the subdivision lots hereby covenant and agree that Cove Beach Estates,LLC (hereinafter referred to as Cove Beach Estate's)through its agent with the agent being designated in writing by Cove Beach Estates,and with the initial agent being Enzo Nlonabtto,l sha' 11 manage, administer,niaintain arLd operate the subdivision,roads in acwrdance %&11th th6 provisions of this Declaration. Cove Beach Estates through its ag6tjt hereby agrees to provide year-round manager nen t-o f the road as a right-of-way in accordance with norm-at, customary and respons ibie management practices,which practices inc ludelbut are riot I timited to: d a. The routine i-riaintenance Jthc roads including but r1ot HiniLe to,litter collection snow removal and repair of the pavement as necessary to keep the road in good working order. b- The use ofacrunts, subcontractors or einployees deemd.bv Cove Beach Estates to be reasonab[ynecessary Co carry out its responsibilities iii,der this Declarati on. I Cove Beach Estates agrees to maintain In effect at all times a policy of Public liability insurance having a face amount of not less than $1,000,000. All casts for such inslirance shall be considered as part of the Management Costs as stated in Paragraph C,below. 3. In addition to the insurance provided above, Cove Beach estates shall be named I an additional insured onindividual homeowner policies for each ofthe lots,and each hameo\,vner shall maintain liability insurance of not less than $1.,0001000. C. MANAGEMENT COSTS 1. Cove Beach Estates,through its agent, in its sole discretion6 shall a. Prepare an annual budger,and except ass to Lots 11 and 2 apportion to the J subdivision lot owners an equal share(if Lhe costs of M I I C-10 I rig the road orb a yearly basis (110r0in.-Iftff referred to as "Mallitcnance Costs") including, but not llmlLucl ki., the costs C)Lr -5a mtc%iance costs R -a �c- L J-�Jll Inist: tioii. L-Lxes, insurance, ni;p.i nr�,nauce, rep-al r, and a reserve fund ' , - All t shall be paid within thirty(30)days of the mailing of the"Maintenance Costs"statement. Owmers, of lots I I and 12 shall each pay 25%of a share as assessed to the fifteen (15) lots owners. P agr e 2 o F 6 b. Maintain a"Reserve Fund" For extraordinary repair and replacement of the roads. Money for the Reserve Fund shall be held and accounted for separately from the general funds.The Annual Reserve Fund fee for each lot shall be computed by totaling the estimated payments from each of the Lot Owners necessary to reach the amount necessary to replace the road over a.fifteen (15)year period. Likewise the,owners of lots 11 and 12 shall each pay 25%of one (1)share. b. In the event that unforeseen extraordinary expenses arise and sufficien't funds are not avat able in the abo' ve described Reserve Fund, Cove Beach Estates may recommend a special assessment which must be approved by a.simple maj o rity o F a,11 Lot Owners. All Lot Owners so assessed shatl be obligated to promptly pay the amount of the Special Assessmot'to Cove Beach Estates. D.TAX ASSESSMENT a. In the event the roads are assessed by the ToAn of Southold and real property taxes are required to be paid thereon it is understood and agreed that the real property tax for the roads* will be apportioned arrioncr the lot owners and included in the tax bill for each lot. In addition Cove Beach Estates, L LC wl 11 request that the road tax be apportioned arTioncr the subdivision lots equally except to lots 11 and 12 %&rhich should be assessed only 14(250%0) each of the share of the tax attributed to the other(15) lots. E. PERMITTED AND PROFIT [TED USES 1. Declarant hereby declares that the roads shall be used by the Lot Owners,their guests and invitees subject to the following restrictions-, a. When installing, maintaining,or otherwise.servicing utility and service lines,Lot Owners shall have their respective agents,employees, contractors and subcontractors, and other representatives W use reasonable care not to damage the road, (ii)minimize the disturbance of shrubbery or other vegetation along the road; and (iii) upon completion of repair or n1aintenance restore the road substantially to the saine condition as existed at the time of commencement of the Work. b. The road shall not be used for the dumping or abandoning of any solid waste or debris on or along its length %.A c. No construction or installation of any structures of any kind, permanent or otherwIlise(Including, but not limited to,gates), maybe made without prior written consent of Z-V Cove Beach Estates. Page 3 of 6 d. No construction or installation of any structures and/or landscaping Which serve to impede sight lines along, entering upon,or existing from the road may be made. e. No alternation or=dification of the road,once constructed,will be pennitt.ed without prior%Titten-consent of Cove Beach Estates. F.TERMS OF PAYMENT I. All Maintenance Costs,Reserve Fund fees, and Special Assessments as detailed above shall be billed to the Lot Owners in their proportionate share and shall be required to be paid within thirty(30) days after the date of the"Maintenance Costs"statement is mailed by Co.ve Beach Estates. The Lot Owners shall comply with the teens of this Declaration. In the event that 0. any Lot Owners fails to comply with the terms set II rth herein with-in dilrty(30)days after notice of violation is given by Cove Beach Estates, then Cove Beach Estates shall have the right and power to enforce by any action or proceeding at la%,v or in equity,al I the terms of this Declaration including but not limited to obtaining ajudcrinent for the stlrh owing including costs and 0 0 40 reasonable attorneys' fee to collect thiN,-surn or sums owing.. G. AMEND AIENT This Declaration may be amended by Declarant, i is successors or assigns only upon approval ofthe Planning Board ofthe Town of Southold and the office of the Attorney General of the State of New York H. MIS CELL.kNEOCAS I. If any section, subsection, paragraph, clause, phrase, or provision of these covenants and restrictions shall, by�Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole,or any other part or provision hereof other than the part so adjudged to be illegal,unlawful, invalid,or unconstitutional. 2. The within Declaration is iinade subject to the provisions of all laws required by law or by their provisions to be incorporated herein,and they are deemed to be incorporated herein and made a part hereof as though fully set forth. 3 The within Declaration shall run with the land and shall be binding upon the Declarant,his heirs,successors and assigns,and upon all persons or entities claiminer under them, Page 4 of 6 and may not be annulled, waived,changed,irodified,Terminated,revoked,or amended by subsequent owners of the premises. 4. All notices required tinder this Declaration shall be mailed to the Lot Owners` addresses rather than to the property addresses unless other armageinents have been made by the Lot Owner. Notice shall be deemed effective when mailed. 5. In the event that the Declarant is no loncrer in title to any portion of the subdivision then the owner of Lot No. I on the subdivision snap shall thereafter be respopsible for retaining an agent to manage,administer,rnaltitalin and operate the subdivision roads in accordance with the Ptovisions of this Declaration. IN WITNESS WHEREOF, the Declarant has executed this Declaration the day and year first above written. Beach Estates, LLC til fi,ilex,cenlPvft:n i b er -1 /100i X Qbe]atan I C 11 Oint Development Corp. :vo J/.0el y 11 � B : �'—vecnT ident STATE OF NEW YORK )ss COUNTY OF SUFFOLK Oil the IL4 dayo &,-,-,,,7004 2 before me, then Undersigned,personally appeared Raoul J Witteveen, pers6nally known to me, or proved to me on the basis of satisfactory-evidence,to be the individual whose name is subscribed to the with In instrument and acknowledged to me that Page 5 of 6 6 he executed'the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of«-hick the individual acted, executed the instrument. Notary Public R r R.CUDDy Not S tat3 of New York No.6s 5 STATE OF NEW YORK } Dua rit In uffzr county n Expires Decej-nbsr,3 t* COUN-N OF SUJFFOLK --� _ I L j STATE OF NEW YORK SS: County of Suffolk i. EDWARD P, FBI M M,Clark of the.County of Suffolk and Clerk of the Supreme Court of the State of New York an and for said County(said Court being a Court of Record)DO HEREBY CERTIF'Ythat f have compared the annexed copy of and that it is a.just and true copy of such original and of the whole+.hereof. �f IN TESTIMONY WHEREOF,i have hereunto set m hand and affixed the seal of said County and Court this � day of � ',�-'1� ��J� Y �t ,y` *w= •� Clerk. Form No.104 t Page 6 of 6 SCHEDULE "-k" ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF L-UM, SITUATE, LYIXG, AND IBEIZIG AT aAST MARION, TOWN OF SOUTHOLD# COMITY OF SUFFOLK AND STATE OF NEW YORY. BEING MORE PARTICMULY BOUNDED XTD DESCRIBED AS FOLLOWS; lmfEGINNING AT A POINT ON THE NORTHEASTERLY SIDE OF MAIN ROAD AT THE SOUTH WEST COPXMZ OF THE PREMISgS ABOUT TO BE DESCRIBED 'HERE1117; SAID POINT BEING ALSO IINTER5ECTRD BY THE SOUTH WEST CORNER OF THE PR=SES ABOUT TO 2E DESCRIBED HER91-IJ AM THE S0TJTR t-MT CORIXER OF LANt NOW OR FOEU49RLY OF PlUPANK P.- RUSSEL -AlZi OTHERS RUNNING THENCE FROM SAID POINT OR PLACE OF BEGINNING ALONG LAND OF FRA-l-U'c R RUSSEL AND OTHERS THE FOLLOWING FOUR (4) COURSES AND DISTAIXES: I. ITORTH 23 DEGREES 22 MINUTES 16 SECONDS WEST 211-37 FEET; 2- SOUTH 60 DEGREES 31 MlblrJ'l: S 44 SECONDS WEST 27.S5 FEET; 3. ITORTR 25 DEGREES 15 MINUTES 16 SECONDS WEST 402.42 FEET; 4. SOUTH 72 DEGREES 32 MIII=S 04 SECONDS WEST 52-24 FEET TO LAND NOW OR FORMERLY OF RONALD JR. AND BARBJFVUk EDEKT; RUIN NIUG THENCE ALONG SAID LAND TFM, FOLLOWING TWO (2) COURSES ADM DISTANCES: I. SOUTH 77 DEGREES 58 MINUTES 14 SECONDS WEST 155-85 FEET; 2. SOUTH 74 DEGREES 31 MINUTES 54 SECONDS WEST 59.2G FEET TO LAND NOW OR FORMERLY OF FRANK E. BEGORA JR. -AJ\M IRIS R. 13ECORA; RUNMING THEtrcE A-ZONG LAND NOW OR FOPJv ERLY OF FRANTC E. BEGOR-A, JR. ;U%TD IF-IS R- BEGOP-N THE FOLLOWING TWO (2) COURSES AND DISTANCES: I. SOUTH 78 DEGREES 29 MINUTES 54 SECONDS WEST 295-42 FEET; 2. SOUTH 27 DEGREES 28 D41k=ES 06 SECONDS EAST 11-58 FEET TO LAND UON OR FORMERLY OF MYRON BROWN; RUMTING TFMNCE ALONG LAND OF MY-RON BROWIT, SOUTH 76 DEGREES 28 MINUTES 04 SECDIMS WEST 180.74 FEET 'TO LAI-M NOW OR FORMERLY OF JOIUq AND LUZ PSAROUDAKIS; I. F.UNWIITG THENCE ALONG allM OF JORN AND LUZ PSAROUDAKIS AND LAND NOW OR FORMERLY OF DOROTRY E. C009, NORTH 24 DEGREES 08 MINUTES 305 SECOEMS WEST 180.93 FEET; THENCE STILL ALONG 7LM4I NOW OR F0PX8RLY PSAROUDAKIS SOLrfH 65 DEGREES 14 MID41=S 14 SECONDS WEST 149.91 FEET TO THE EASTERLY SIDE OF KAYLEIGH'S COURT THENCE ALONG THE a:kSTERLY SIDE OF F-kYLEIGHfS COURT AND ALONG LAND NOW OR FORAKERLY SINATRA 974.50 "..,ET THENCE ALONG I.LAZM NOW OR FORMERU.0 COTRONE THE FOLLOWING (2) COURSES AND DISTANCES: I- NORTH 24 DEGREES 41 MINWES 16 SECONDS WEST 196-87 FEET 2. SOOTH 44. DEGREES 10 MINUTES 44 SECONDS WEST 79.47 FEET TO LJ-%ND NOW OR FORMERLY PAP AZAHAIZICON THWCE ALONG LAST MENTIONED LANDS %)ID LAND OF CAKBJC.LL AND GgRgMETIS THE FOLLOWING (8) COUiRS95T AND DISTANCES: I- NORTH 25 DEGREES 17 MINUTES 16 SECTION WEST 21-36 FEET 2. NORTH 44 DEGREES 10 MINUTES 44 SECTION EAST 79.80 FEET 3. NORTH 24 DEGREES 01 MINUTES 26 SECTION WEST 99-15 FEET 4. NORTH 23 DEGREES 38 MINUTES 36 SECTION WEST 225-46 FEET" 5- NORTH 24 DEGREES 51 MINUTES 39 SECTION WEST 126.14 FEET 6. NORTH 23 DE(REES 34 MINUTES 16 SECTION WEST 151.92 FEET 7. NORTH 24 DEGREES 10 MINUTES 10 SECTION WEST 99-97 FEET I a& NORTH 26 DEGREES 22 MINUTES 46 SECTION WEST 174-98 F3RT TO LAND ItTOPT OR FORMERLY GARVEY THENCE NORTHEASTERLY ALONG LAM GARVEY AND LAND NOW OR FOMRLY OCEAN' POINT DEVELOPMWT CORP. THE FOLLOWfXG (2) COURSES AIND IDISTAUCES: 1. NORTH 62 DEGREES 11 MINUTES 16 SECTION MAST. 149.09 FEET 2. NORTH 61 DEGREES 16 MINWES 04 SECTION EAST 1157.63 FEET TO LAND NOW OR FORMERLY NFRE DEI%LOPMENT CORP. RUNNING THENCE ALONG LAND NOW OR FORMERLY NFRE DEVELOPMENT CORP. THE FOLL011ING TEN (10) COURSES AND DISTANCES: I. SOUTH 25 DEGREES 31 MINUTES 36 SECONDS EAST 836.45 FEET; 2. NORTH 65 DEGREES 47 M=TBS 54 SECONDS EAST 2088 FEET; 3. NORTH 24 BEGRJ3ES 12 MINUTES 06 SECONDS WEST 1705.10 FEET; 4. WORTH 24 DEGREES 38 MINUTES 46 SECONDS WEST 113.47 FEET; 5- NORTH 23 DEGREES 32 MINUTES 36 SECONDS WEST 110.05 FEET; 6. NORTH 25 DEGREES 39 MINUTES 46 SECONDS WEST 101.00 FEET; 2 7- NORTH 230 DEGREES 04 MINUTES 56 SECONDS WEST 82-65 FEET; S. NORTH 26 DEC-P-EES 21 MINUTES 26 SECONDS WEST 100-90 FEET; NORTH 28 DEGPMS 48 MINUTES 16 SECONDS WEST 101-34 FEET; 10. NORTH 33 DEGREES 26 MINUTES 56 SECONDS WEST 68.56 FEET TO OTRER LAND NOW OR FORMERLY OF OCRAiff POINT DMLOPMENT CORP.; THENCE ALONG SAID LAM I. NORTH 61 DEGREES 22 -MINUTES 14 SECONDS EAST 97.62 FEET; THENCE NORTHERLY ALONG LAND'NOW OR FORMERLY 0Ca*-%lT, POINT l)55VELOPR= CORP. THE FOLLOWING (7) COURSES AND DISTANCES! I. NORTH 24 DEGREES 21 MINUTES 26 SECTION WEST 46.62 FEET 2. THENCE NORTHERLY ALONG AN ARC OF A CURVE DEJARING TO THE RIGHT HA�,TING A RADIUS OF 425-00 FEET A LENGTH OF 208-23 FEET; 3. NORTH 24 DEGREES <21 MINUTES 26 SECTION WEST 508-06 FEET 4, THENCE WESTERLY ALONG AN -ARC OF A CURVEY BEARING TO THE LEFT ILAWING A RADIUS OF 25-00 FEET A LENGTH OF 34.83 FEET 5- ALONG NORTHERLY ALONG AN ARC OF A CURVE BEARING TO TEE RIGHT EVkVING A RADIUS OF 6 0-0 0 FEET A LEDTGrM OF 12124.42 FEET 6- NORTH 45 DEGREES 03 MINUTES 26 SECTION WEST 16.60 FEET 7- NORTH 02 DEGREES 48 MINUTES 04 SECTION EAST 527.67 FEET TO THE APPROXIlvLATE RIGH WATEP- MARK OF LONG ISLA= SOMM 'HENCE SOUTMIESTERLY ALONG THE APPROXIMATE EfIGH �IATER NLALRY, OF LONG ISLAND SOUND THE FOLLOWING TIE LINE COURSES AND DISTANCES THENCE ALONG SAID HIGH WATER MARK OF THE LONG ISLAND SOUND TINE FOLLOWING 15 TIE LINE COURSES AND DISTANCES: I. SOUTH 83 DEGREES 14 MI=Eg 46 SECONDS EAST 28.26 FEET; 2. SOUTH 62 DEGREES 51 MINUTES 09 SECONDS EAST 201-85 FEET; 3. SOUTH 13 DEGREES 33 MID=ES 58 SECONDS EAST 39.20 FEET; 4. SOUTH 44 DEGREES 24 MINUTES 15 SECONDS EAST 85-68 FEET; 5. SO= 35 DEGREES 17 MINUTES 27 SECONDS EAST 447.02 FEET; • G- SOUTH 54 DEGREES 42 MINUTES SO SECONDS EAST 142-20 FEET; 7. SOWN 61 ]DEGREES 51 MINUTES 04 SECONDS EAST 142-78 FEET; S. SO= 67 DEGREES 52 NUNUTES 44 SECONDS EAST 167.49 FEET; 9. SOUTTI 73 DEGREES 20' Mll%=ES 32 SECONDS FAST 501.35 FEET; 10. SOUTH 710 DEGREES 23 Mlb7JTE8 39 SEC.ONDS EAST 215.43 FEET; 11. SOUTH 73 DEGREES 28 MINUTES 00 SECONDS EAST 227-73 FEET; 12. SOUTH 71 DEGREES 06 MID=ES 21 SECONDS EMT 210-19 FEET; 13. SOUTH 82 DEGREES 49 MINUTES 39 SECONDS EAST 69-50 FEET; 14. SOUTH 76 DEGREES 56 MINUTES 14 SECONDS &kST 108-12 FEET; 15 SOUTH 81 DEGREES 51 MINUTES 42 SECONDS EAST 321-20 FEET TO LAND NOW OR FORMERLY OF ROBERT W. AND D-kVID GILLESPIE; THENCE ALONG SAID rAIM, SOUTR 06 DEGREES 24 MINUTES 34 SECONDS tfEST 199.78 ?SET TO DAM POND THENCE ALONG DAM POND THE FOLLOWING 33 COURSES AbM DISTANCES: 1. SOUTH 89 DEGREES 19 Mn=E,S 53 SECONDS WEST 73.93 FEET; 2. NORTH 75 DEGREES 37 MINUTES 52 SECONDS WEST 48.78 FEET; 3- NORTH 137 DEGREES S9 MINUTES 45 SECONDS WEST 52.54 FEET; 4. NORTH 89 DEGREES 33 MINUTES 38 SECONDS WEST 37.38 FEET; S. NORTH 63 DEGREES 46 MINUTES 47 SECONDS WEST 46.02 FEET; 6. NORTH 85 DEGREES 41" MINUTES 49 SECONDS WEST 63.84 FEET; 7. NORTH 66 DEGREES 04 MIN=S 49 SECONDS WEST 29.08 FEET; S. SOUTH 33 DEGREES 57 MINUTES 52 SECONDS 'EAST 180.87 FEET; 9. SOUTH 18 DEGREES 42 MINUTES 02 SECONDS EAST 110-06 FEET; 10. NORTH 89 DEGREES 10 MINUTES 25 SECONDS FAST 85.79 FEET;. 11. SOUTET 38 DEGREES 23 MINUTES 13 SECONDS EMT 81.33 FEET; Z4. SOUTH 24 DEGREES 16 MINUTES 05 SECONDS FAST 73.11 FEET; 4 13. SOUTH Sl DEGREES 10 MINUTES 48 SECONDS ITEST 49-2S FEET; 14- SOUTH 3.:&' DEGR.EES 39 MIllUTE9 33 SECONDS &AST 98,55 FEETr 15. SOUTR 26 DEGREES 04 KTNUTES 43 SECC)NDS WEST 53-12 FEET; 16. SOUTH 82 DEGREES 54 MINUTES 21 SECONDS WEST 46.5� FEET; I?- NORTH 77 57 MINUTES 3*Q*- SECONDS WEST 149-19 FUT; 18. SOUTH 63 DEGREES OS MINUTES 10 SECONDS WEST 64.68 FEET; 19. SOUTH 4 DEGREES 56 MINUZES 12 SECONDS WEST 73 -36 FEET; 20. SOU 23 DEGREES 18 MINUTES 55 SECONDS EAST 58-90 FEET; 21. SOUTH 55 DEGREES 48 MINUTES 53 SECONDS EAST 32.68 FEET; 22. NORTH 86 DEGREES 48 MINUTES 55 SECONDS EAST 82.98 FEET; 23. SOUTH 75 DEGREES 54 M=TES 56 SECObIDS EAST 68-06 FEET; 24. NORTH 55 DEGREES 39 MINUTES 06 SECONDS EkST 61-71 FEET; 25. NORTH 14 DEGREES 48 KINUTES 34 SECONDS EAST 92.74 FEET; 26- NORTH 53 DEGREES 31 MINUTES 16 SECONDS EAST 24.33 FEET; 27. SOUTH 7 DEGREES 39 MINUTES 07 SECONDS EAST 31-57 FEET; 28- SOUTH 11 DE'31R EES 39 Vil-NUTES 27 SECODMiS WEST 49-53 rlEST; 29. SOUTH 19 DEGREES SS MINUTES 033 SECONDS EAST 10G.82 FEET; 30. SOUTH 56 DEGREES 03 MINUTES 02 SECONDS WEST 48.86 FEET; 31- SOUTH 77 DEGREES 01 MI=ES 59 SECONDS WEST 61.30 FEET; .%0 *,,)I 64. SOUTH 73 DEGREES 24 [MMTES 50 SECONDS TEST 79.63 FEET; 33. SOUTH 16 DEGREES 48 MINUTES 29 SECONDS WEST 20.47 FEET TO LAND NOW OR FORMERLY OF JOSEPH FREDERICK GAZZA; THEN'%74E ALONG SAID LAND THE FOLLOWING; TWO COURSES AND DISTANCES: 1. NORTH 87 DEGREES 08 MINUTES 46 SECONDS WEST 103-77 F8ETi 2. NORTH 00 ]DEGREES 35 MINUTES 14 SECONDS EAST 9 FEET; 1p THENCE STILL ALONG LAND OF GAZZA AND 4WD NOW OR F0RVMRVf OF BEFITICE LETTIER.1 NORTH 89 DEGREES 05 MINUTES 36 SECONDS WEST 450-01 FEET; THENCE ALONG SAID LAND OF LETTIERL AND OMR LAND OF JOSEPH FREDERICAOK GAZZAr SOUTH 29 DEGREES' 43 MINUTES 34 SECONDS WEST 520.88 FEET; THENCE STrljj ALONG S-AlD LAND OF CAZZZ A, SOUTH 25 DEGREES 30 MINUTES 6 SEcolmS EAST 608-15 FEET TO IJAllD NOW OR FORMERLY OF ANDUW LETTIERI; THMICE ALONG SAID LAND OF LETTIERI THE FOLLOWING SIGHT (8) COURSES Al-TD DISTANCgS: 1. ITORTH 81 DEGREES 12 MINUTES 16 SECONDS WEST 312.90 FEET; 2. SOUTH 32 DEGREES 12 MINUTES 06 SECONDS FAST 144-10 FEET SOUTH 27 DEGREES 10 MINUTES 36 SECONDS FAST 71-14 FEET; 4. SOUTH 27 DEGREES 49 MINUTES 46 SECONDS EAST 111-96 FEET; 5. SQUTF 25 DEGREES 15 VIIDXrTRS 36 SECONDS EAST 598-78 FEET; 6. SOUTH 26 DEGREES 45 MINUTES 36 SECONDS EAST 387.3.21 FEET; 7. NORTH 63 DEGREES 01 VIINUTES 44 SECONDS EAST 23-10 FEET; S. SOUTH 25 DEGREES 30 MINUTES 16 SECONDS EAST 242.90 FEET TO THE NORTHWEST SIDE OF MAIN ROAD; RUNNING THENCE ALONG THE NORTHWEST SIDE OF MAIN ROAD, SOUTH 83 DEGREES 03 MINUTES 14 SECONDS WEST 86.G2 PERT TO TEE POMYT OR PLACE OF BEGIM.UT(37. FOR INPOP14ATION ONLY: DISTRICT 1000 SECTION 022.000 BLOCK 03-00 LOT 018.007# 018-008, AND 009.0a1 EXHIBIT "D" MAY 109 2022 LETTE R OF THE PLANNING BOARD. OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex v P.O.Box 1179 54375 State Route 25 S O� /Z on'Z';' Southold,"11971 (cor.Main Rd.&Youngs Ave.) Telephone:631765-1938 Southold,NY www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 10,2022 Cove Beach Estates LLC P.O.Box 250 Cold Spring,NY 10516 Re: Cove Beach Estates Subdivision Located n/o Main Road,approximately 1,000' east of Kayleigh's Court,in East Marion SCTM#1000-22.-3-18.11 through 18.23 SCTM#1000-31-4-35&36 Dear Property Owner: On Thursday,April 28,2022,the Town Engineer and Town P1 Director met at the site of the subdivision referenced above with one of the lot owners,Henry Mazzoni,and Joan H. Bischoff van Heemskerck,attorney, The purpose of the meeting was to view the roadway and several examples of the deteriorated condition of the road and drainage system,and to identify the next steps towards being able to obtain a building permit for a residence to be constructed. Pursuaht to Town Law§277-2(a),the Planning Board must require that the streets and highways be of sufficient width and suitable grade to facilitate fire protection,and to provide access of firefighting equipment to buildings. Section(b)states that all streets shown on subdivision plats be suitably graded and paved;street signs,curbs,storm drains be installed in accordance with standards,specification and procedures acceptable to the appropriate town departments,or alternatively,that a performance bond or other security be furnished to the town. Town Law§277-7 states that a performance bond to cover the fd1 cost of the road is a requirement as an alternative to fully constructing the new road.Further,Town Law§280-a states that building permits shall not be issued unless a street giving access to the proposed structure has been duly placed on a map,and the street has been suitably improved to the satisfaction of the planning board as adequate in respect to the public health,safety and general Cove Beach Estates Road Condition 2 welfare. Further, a performance bond sufficient to cover the full cost of such improvement shall be furnished to the town by the owner. Town Code§240-031 Performance Bond,states that a performance bond is posted by the applicant to guarantee to the Town that he/she will faithfully construct or cause to be constructed the required public improvements which were an integral part of the approved final plat.This applies to roads being provided as access to building lots,even when proposed to remain privately owned. The initial bond amount of$7 0 5,7 10 was calculated in 2004. The app tic ant notified the Town in 2008 that the drainage, curbs and work up until the first lift of asphalt were completed and requested a reduction in the bond amount. This request was granted and the bond was reduced to $1863,318. It has been fourteen years since this bond reduction.During this time the lots remained undeveloped and the condition of the road has deteriorated.It is unsafe to allow building to commence on any houses until the road is brought up to Town highway specifications. In addition,the performance bond amount must be re-evaluated to today's costs. According to the Town Engineer,the road system constructed for the Cove Beach Estates subdivision has significantly deteriorated.Portions of the asphalt road have completely broken up, exposed sections of it measure significantly less than the required 2.5"thickness of asphalt binder course and other sections are heavily impacted by vegetation growing through the asphalt surface. The majority of the leaching pools that constitute the drainage system are buried below grade and cannot be inspected to determine their condition.At this point the road system cannot be repaired,it must be completely re-built. For building permits to be issued on any of the subdivision lots,the following must be done: 1) Establish a revised Performance Bond to cover the necessary work to reconstruct the road based on up-to-date unit pricing. 2) Schedule a pre-construction meeting with the Town Engineer prior to any work being initiated. 3) Ensure that all concrete monuments delineating the boundaries of the road right-of-ways are installed and flagged for inspection. 4) Locate and bring to grade all leaching pool clean out covers so that the structures can be inspected and their condition assessed. 5) Completely remove the existing curbing,road asphalt and road base material. 6) Ensure that all underground utilities are intact and functioning prior to rebuilding the roads. 7) Compact the road sub-grade as necessary. 8) Place and thoroughly compact the Recycled Concrete Aggregate(RCA)or stone blend road base. If RCA is to be used it must be NYSDOT Specification RCA. Cove Beach Eitates Road Condition 3 9) Place the asphalt binder course. 10)Obtain certification from the East Marion Fire District that the four fire wells are properly installed and functioning. Once the new performance bond has been submitted and the road has been reconstructed to the first lift of asphalt and all items in the list above have been completed,building permits will be allowed to be issued.Please contact the P1 Department at(631)765-193 8 or the Town Engineer at(631)765-1560 with any questions. Sincerely, 9W Donald J.Wilcenski,Chairman cc: Michael Verity,Chief Building Inspector Amand,%Nunemaker,Plans Examiner Henry Mazzoni Joan H.Bischoff van Heemakerek All owners of land in the Cove Beach Estates Subdivision EXHIBIT E" NOVEMBER 10, 2022 COVE BEACH ESTATES LLC LETTER TO PROPERTY OWNERS COVE BEACH ESTATES, LLC P.O. BOX 250 COLD SPRING, N.Y., 10516 November 10, 2022 Dear Sirs/Madams: As I believe you are aware, earlier this year we received a letter from the Town of Southold Planning Board in regard to problems with respect to the road in the subdivision. We have discussed, preliminarily, a possible plan to address these concerns. As you know, the Town had previously approved the access roads as part of the subdivision process. Furthermore,the roads should not be put in"final form"until construction on all the various homes in the subdivision are substantially underway. Notwithstanding that,we have undertaken to retain the services of a professional engineer to embark upon initial review and recommendations so as to proceed in a manner that will satisfy the Town on a"short term"and,hopefully,long term basis. We, obviously, will continue to advise you as to our progress in regard to this matter. Should you,have any questions or wish to discuss this further,please feel free to contact us directly. Very truly yours, Cove Beach Estates,LLC . s OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �F soy P.O. Box 1179 54375 State Route 25 O�� ryOl Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) O • Southold, NY � � Telephone: 631 765-1938 www.southoldtownny.gov �yI'OUNTY,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 10, 2022 Cove Beach Estates LLC P.O. Box 250 Cold Spring,NY 10516 Re: Cove Beach Estates Subdivision Located n/o Main Road, approximately 1,000' east of Kayleigh's Court, in East Marion SCTM#1000-22.-3-18.11 through 18.23 SCTM#1000-31-4-35 & 36 Dear Property Owner: On Thursday, April 28, 2022, the Town Engineer and Town Planning Director met at the site of the subdivision referenced above with one of the lot owners, Henry Mazzoni, and Joan H. Bischoff van Heemskerck, attorney. The purpose of the meeting was to view the roadway and several examples of the deteriorated condition of the road and drainage system, and to identify the next steps towards being able to obtain a building permit for a residence to be constructed. Pursuant to Town Law §277-2 (a),the Planning Board must require that the streets and highways be of sufficient width and suitable grade to facilitate fire protection, and to provide access of firefighting equipment to buildings. Section(b) states that all streets shown on subdivision plats be suitably graded and paved; street signs, curbs, storm drains be installed in accordance with standards, specification and procedures acceptable to the appropriate town departments, or alternatively,that a performance bond or other security be furnished to the town. Town Law §277-7 states that a performance bond to cover the full cost of the road is a requirement as an alternative to fully constructing the new road. Further, Town Law §280-a states that building permits shall not be issued unless a street giving access to the proposed structure has been duly placed on a map, and the street has been suitably improved to the satisfaction of the planning board as adequate in respect to the public health, safety and general Cove Beach Estates Road Condtiiun 2 welfare. Further, a performance bond sufficient to cover the full cost of such improvement shall be furnished to the town by the owner. Town Code §240-031 Performance Bond, states that a performance bond is posted by the applicant to guarantee to the Town that he/she will faithfully construct or cause to be constructed the required public improvements which were an integral part of the approved final plat. This applies to roads being provided as access to building lots, even when proposed to remain privately owned. The initial bond amount of$705,710 was calculated in 2004. The applicant notified the Town in 2008 that the drainage, curbs and work up until the first lift of asphalt were completed and requested a reduction in the bond amount. This request was granted and the bond was reduced to $186,318. It has been fourteen years since this bond reduction. During this time the lots remained undeveloped and the condition of the road has deteriorated. It is unsafe to allow building to commence on any houses until the road is brought up to Town highway specifications. In addition,the performance bond amount must be re-evaluated to today's costs. According to the Town Engineer,the road system constructed for the Cove Beach Estates subdivision has significantly deteriorated. Portions of the asphalt road have completely broken up, exposed sections of it measure significantly less than the required 2.5"thickness of asphalt binder course and other sections are heavily impacted by vegetation growing through the asphalt surface. The majority of the leaching pools that constitute the drainage system are buried below grade and cannot be inspected to determine their condition. At this point the road system cannot be repaired, it must be completely re-built. For building permits to be issued on any of the subdivision lots, the following must be done: 1) Establish a revised Performance Bond to cover the necessary work to reconstruct the road based on up-to-date unit pricing. 2) Schedule a pre-construction meeting with the Town Engineer prior to any work being initiated. 3) Ensure that all concrete monuments delineating the boundaries of the road right-of-ways are installed and flagged for inspection. 4) Locate and bring to grade all leaching pool clean out covers so that the structures can be inspected and their condition assessed. 5) Completely remove the existing curbing, road asphalt and road base material. 6) Ensure that all underground utilities are intact and functioning prior to rebuilding the roads. 7) Compact the road sub-grade as necessary. 8) Place and thoroughly compact the Recycled Concrete Aggregate (RCA) or stone blend road base. If RCA is to be used it must be NYSDOT Specification RCA. Cove Beach Estates Road Condiiwh - 3 9) Place the asphalt binder course. 10)Obtain certification from the East Marion Fire District that the four fire wells are properly installed and functioning. Once the new performance bond has been submitted and the road has been reconstructed to the first lift of asphalt and all items in the list above have been completed, building permits will be allowed to be issued. Please contact the Planning Department at(631)765-1938 or the Town Engineer at(631)765-1560 with any questions. Sincerely, Donald J. Wilcenski, Chairman cc: Michael Verity, Chief Building Inspector Amanda Nunemaker, Plans Examiner Henry Mazzoni Joan H. Bischoff van Heemskerck All owners of land in the Cove Beach Estates Subdivision i OFFICE LCATIO : MAILING DRESS: Town Hall Annex S00,4 P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) l Southold, NY Telephone: 631 765-1938 www.s outholdt owimy.gov p- TI PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 28, 2021 Cove Beach Estates LLC P.O. Box 250 Cold Spring, NY 10516 Re: Cove Beach Estates, LLC Located n/o Main Road, approximately 1000' east of Kayleigh's Court, in East Marion SCTM#1000-22-3-9.1, 18.1, 18.7, 18.8 Zoning District: R-80 Dear Property Owner: It has come to our attention that a building permit has been requested to construct a house on a lot in the subdivision referenced above. As the owner of the road that provides access to this lot, we are informing you that before we can release the building permit, the road must be inspected for safety and compliance. It has been many years since the last inspection (over 6 years ago), and it has become too overgrown to inspect. Please see the attached letter from the Southold Town Engineer with the next step towards completing the inspection. Feel free to call the Town Engineer, at 631-765-1560, or the Planning Department, at 631-765-1938, with any questions. Sincerely, Heather Lanza, AICP Town of Southold Planning Director SCOTT A. RUSSELL MICHAEL M. COLLINS, P.E. SUPERVISOR TOWN ENGINEER TOWN HALL - 53095 MAIN ROAD � TOWN OF SOUTHOLD NEW YORK 11971 Tel. 631 765—1560 Fax (631) 765 9015 o,n R,-EQE'11VEJ1D OFFICE OF THE ENGINEER TOWN OF SOUTHOLD 2 8 2 C)21 Lfl,J101 i(:j d rn Nanning I5oa d Heather Lanza October 26, 2021 Planning Director Southold Town Planning Department 54375 Main Road Southold, New York 11971 Re., Cove Beach Estates Subdivision SCTM #- 1000-022.-03-18.11 through 18.23 1000-031.-04-35 & 36 Dear Ms. Lanza: I have received your memorandum dated October 25, 2021, requesting an inspection of the Cove Beach Estates subdivision and a review of the existing road and drainage improvements and bond with regard to the adequacy of both as they relate to permitting the construction of homes within the subdivision. I drove through the Cove Beach Estates subdivision on October 25, 2021, and observed that the road and road shoulders are heavily overgrown, obscuring most of the drainage structures and some of the asphalt and curbing. In order for me to conduct a thorough evaluation of the road and drainage system as constructed, the developer must first cut back the weeds and brush along the road and road shoulders. Additionally, all leaching pools must be located and provided with a cast iron clean out cover to grade. Furthermore, prior to the issuance of a building permit on any lot, the four fire wells specified in the subdivision plans must be located and certified as sufficient and functional by the East Marion Fire District. If you have any questions regarding this review, please contact my office. Sincerely, 6vv attl- Michael M. Collins, P.E. Town Engineer cc- Vincent Orlando, Superintendent of Highways People's United Bank, N.A. i 850 Main Street RC 1225 Bridgeport, CT 06604 Ir Pe lei; United mow, " ' Tel: 203-338-3223 Fax: 844-835-9130 SWIFT BIC: PESB US 33 XXX Date: 7/10/20 Rescind Notice 100311-001 Southold Town Board Town of Southold Main Road Southold, New York 11971 Re: Irrevocable Standby Letter of Credit No.ISB000031 for the account of COVE BEACH ESTATES LLC, in your favor in the amount of USD 186,318.00. Dear Beneficiary, Please be advised we hereby rescind our cancellation letter for the account of COVE BEACH ESTATES LLC, in the amount of USD 186,318.00. The above mentioned Letter of Credit has been automatically extended to 8/19/2021. All other terms and conditions remain the same, including the reinstatement of the automatic extension clause. Should you have any questions or concerns contact Trade Finance Operations at the number above. THIS IS A COMPUTER GENERATED DOCUMENT. SIGNATURE IS NOT REQUIRED, 850 Main Street,Bridgeport,Connecticut 06604 6/26/20 � People's United Bank, N.A. 850 Main Street RC 1225 Pe 9 �� Bridgeport,CT 06604 Bank, Tel: 203-338-3223 Fax: 844-835-9130 SWIFT BIC: PESB US 33 XXX Notice of Non-Extension Southold Town Board Town of Southold Main Road Southold, New York 11971 Re: Our Irrevocable Standby Letter of Credit No.ISB000031 for the account of COVE BEACH ESTATES LLC, in your favor in the amount of USD 186,318.00. Dear Beneficiary, This is to notify you that we elect not to extend the above Letter of Credit for an additional period of one year and that the final expiration date of this credit is 8/18/20. Should you have any questions or concerns contact Trade Finance Operations at the number above. THIS IS A COMPUTER GENERATED DOCUMENT. SIGNATURE IS NOT REQUIRED. 850 Main Street,Bridgeport,Connecticut 06604 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 llp 54375 State Route 25 � Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.s outh of dt ownny.gov Q C AUNV PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael Collins, Town Engineer From: Heather Lanza, Town Planning Director Date: October 25, 2021 Re: Approved Major Subdivision — Cove Beach Estates, Amended Tax Map Numbers: 1000-22-3-18.11 — 18.23, 31.-4-35 & 36 Location: n/s/o SR 25, approximately 1000' east of Kayleigh's Court in East Marion, NY Laserfiche: Planning/Applications/Major Subdivisions/Approved/1000-22-3-9.1 "roiect Description: This is an approved subdivision from 2004 where a 104.35 acre parcel was divided into 12 lots for future single family residences ranging in area from 1.65 acres to 9.2 acres. The Peconic Land Trust holds a Conservation Easement on 100.60 acres of the 104.35 acres including Lots 1 through 12. Please inspect the site and review the following plans to provide comments on the suitability of the infrastructure in its current condition, and the adequacy of the bond amount as they relate to permitting construction of homes to begin. X Most Recent Bond Amount (Pg. 29 Laserfiche file) X Final Road and Drainage Plans (Pgs. 5 — 9 Laserfiche file) Thank you for your cooperation. i People's United Bank, N.A. ev Pe "" "'e" !;Un ite d 850 Main Street RC 1225 Bridgeport, CT 06604 Tel: 203-338-3223 Fax: 844-835-9130 SWIFT BIC PESB US 33 XXX Date: 7/10/20 Rescind Notice 100311-001 Southold Town Board Town of Southold Main Road Southold, New York 11971 Re: Irrevocable Standby Letter of Credit No.ISB000031 for the account of COVE BEACH ESTATES LLC, in your favor in the amount of USD 186,318.00. Dear Beneficiary, Please be advised we hereby rescind our cancellation letter for the account of COVE BEACH ESTATES LLC, in the amount of USD 186,318.00. The above mentioned Letter of Credit has been automatically extended to 8/19/2021. All other terms and conditions remain the same, including the reinstatement of the automatic extension clause. Should you have any questions or concerns contact Trade Finance Operations at the number above. THIS IS A COMPUTER GENERATED DOCUMENT. SIGNATURE IS NOT REQUIRED, 850 Main Street,Bridgeport,Connecticut 06604 6/26/20 People's United Bank, N.A. 850 Main Street RC 1225 Pepp"leb United Bridgeport,CT 06604 Tel: 203-338-3223 Fax: 844-835-9130 SWIFT BIC: PESB US 33 XXX Notice of Non-Extension Southold Town Board Town of Southold Main Road Southold, New York 11971 Re: Our Irrevocable Standby Letter of Credit No.ISB000031 for the account of COVE BEACH ESTATES LLC, in your favor in the amount of USD 186,318.00. Dear Beneficiary, This is to notify you that we elect not to extend the above Letter of Credit for an additional period of one year and that the final expiration date of this credit is 8/18/20. Should you have any questions or concerns contact Trade Finance Operations at the number above. THIS IS A COMPUTER GENERATED DOCUMENT. SIGNATURE IS NOT REQUIRED. 850 Main Street,Bridgeport,Connecticut 06604 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �QF S0(�Ty P.O. Box 1179 54375 State Route 25h�� Ol0 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY l�L !xi[ Telephone: 631 765-1938 www.southoldtowxmy.gov O � ® �Q PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 19, 2015 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Cove Beach Estates, LLC Located n/o Main Road, approximately 1000' east of Kayleigh's Court, in East Marion SCTM#1000-22-3-9.1, 18.1, 18.7, 18.8 Zoning District: R-80 Dear Mr. Cuddy: As per the Office of the Town Engineer, the Bond Estimate from 2008 is still in effect. If,you have any questions, please do not hesitate to contact me. Very truly yours, Alyxandra Sabatino Planner Encl: Bond Estimate dated August 13, 2008 cc: Office of the Town Engineer I JOSHUA Y. HORTON o� Gyp JAMES A. RICHTER, R.A. y = - PER0ISOR ENGINEER TOWN HALL TOWN OF WYORK 11971 Fax (516)-765-1366 Tel.(516)-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE COVE BEACH ESTATES Route 25,East Marion,TOWN OF SOUTHOLD SCTM#1000-022-03-9.1,18.1,18.7&18.9 DATE August 13, 2008 AMOUNT ITEM QUANTITY DESCRIPTION % Complete UNIT PRICE REMAINING 1. 5.6 ACRE CLEARING&GRUBBING 100% $ 2,500.00 $ 0.00 2. 9,500 C.Y. ROUGH GRADING/ UNCLASSIFIED EXCAVATION 100% 2.00 0.00 3. 680 L.F. BELGIAN BLOCK CURBING 100% 10.00 0.00 4. 13,000 S.Y. FINE GRADING 100% 1.50 0.00 DRAINAGE 5. 26 EACH CATCH BASINS 100% 2,000.00 0.00 6. 831 V.F. 10'DIAMETER LEACHING POOL 100% 300.00 0.00 7. 288 L.F. 18"DIAMETER DRAINAGE PIPE 100% 25.00 0.00 8. 910 L.F. 15"DIAMETER DRAINAGE PIPE 100% 20.00 0.00 SURFACING 9. 985 C.Y. 3/4"STONE BLEND or RCA BASE 100% 40.00 0.00 10. 1,304 TONS ASPHALT BINDER COURSE 95% 90.00 5,868.00 11. 970 TONS ASPHALT WEARING COURSE 0% 90.00 87,300.00 12. 100 S.Y. CONCRETE DRIVEWAY APRON 0% 30.00 3,000.00 13. 3 EACH STREET LIGHTS 0% 2,000.00 6,000.00 14. 25 EACH CONCRETE SURVEY MONUMENTS 0% 100.00 2,500.00 15. 14,825 S.Y. TOPSOIL&SEED 0% 2.00 29,650.00 16. 5 EACH STREET SIGNS 0% 200.00 1,000.00 17. 4 EACH FIRE WELL 100% 15,000.00 0.00 18. 250 EACH STREET TREES 0% 200.00 50,000.00 19. JOB MAINTENANCE & 66% PROTECTION OF TRAFFIC - 1,000.00 REVISED BOND TOTAL: $ 186,318.00 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIPPING AVENUE RIVERHEAD,NEW YORK Mailino Address: TEL: (631)369-8200 P.O. Box 1547 FAX: (631)369-9080 Riverhead,NY 11901E tpr uu � ir�i 41'Ll,y("o veri).1iPi.net October 6, 2015 Southold Town Planning Board 0 9 2015 Southold Town Hall u: at� l 53095 Route 25 6'Val',uO and P.O. Box 11.79 Southold,NY 11971 Re: Cove Beach Estates,LLC-Major Subdivision-Letter of Credit Dear Board Members: My client,Cove Beach Estates, LLC,has a Letter of Credit in the sun» of$705,710.00, and pursuant to the recommendation of the Town Engineer that may be reduced to$186,318.00. However,the People's United Bank has requested that a letter be obtained from the Town indicating that a Resolution will be presented agreeing to or authorizing the reduced Letter of Credit. If you or the Town Attorney would forward such a letter noting the current Letter of Credit inforniation,No. 100311-1 for$705,710.00, then the People's United Bank will issue a new Letter of Credit. Very truly yours, Charles R. Cuddy ' CRC/pc MAILING ADDRESS: PLANNING BOARD MEMBERS �pF so(/T P.O. Box 1179 DONALD J.WILCENSKI ��� Old Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY @ 54375 State Route 25 JAMES H.RICH III Ql (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR �coUNTY,� Southold,NY Telephone: 631 765-1938 www.s outhol dtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Alyxandra Sabatino, Planner PS. Date: January 16, 2015 Re: Performance Bond for Cove Beach Estates Application Name: Cove Beach Estates Tax Map Number: 1000-22-3-9.1 Location: n/o Main Road, approximately 1000' east of Kayleigh's Court, in East Marion The Planning Board has received a request to review the Performance Bond placed on the approved subdivision of Cove Beach Estates. Please review the attached documentation in relation to the Performance Bond and recommend whether the bond can be released or a further bond reduction is necessary. Thank you for your cooperation. ELIZABETH NEVILLE Town Hall,53095 Main Road TOWN CLERK �9.UFF04,t PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER 'A • �� Telephone:(631)765-1800 RECORDS MANAGEMENT OFFICER cl + �a southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER RESOLUTION# 2005-594 Meeting: 09/27/05 07:30 PM Resolution ID: 1166 Department: Town Clerk Category: Letter of Credit THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2005-594 O 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD N SEPTEMBER 27,2005: RESOLVED that the Town Board of the Town of Southold hereby accents the Irrevocable Letter of Credit Number 100311 issued by the Bank of Smithtown in the amount of$705,710 for the proposed Maior Subdivision of Cove Beach Estates located at East Marion,New York,SCTM @1000-22-3-9.1, 18.1 &18.8,as a substitute for and release the orieinal Letter of Credit Number Y034116 issued by UBS AG in the amount o $705,710 at was approved by Town Board Resolution No.496 of 2004. The substitution is requested by the applicant,Southold Town Planning Board recommends approval of the substitution,and is subject to the approval of the Town Attorney. Elizabeth A.Neville Southold Town Clerk `BANK of SMITHTOWN Dedicated.To You. 100 Motor Parkway Sixth Floor,Suite 160 Hauppauge,Ll,NY 11788 corporate office: 631-360-9300 direct dial: 631-360-9351 fax: 631-360-9410 August 19, 2005 Town of Southold Main Road Southold, New York IRREVOCABLE STANDBY LETTER OF CREDIT NO. 100311 Issue Date: August 19, 2005 Expiration Date: August 19, 2006 BENEFICIARY: Southold Town Board Town of Southold Main Road Southold, New York 11971 SUBJECT: Performance Bond, $705,710.00 Cove Beach Estates, LLC East Marion, New York Dear Board Members: This letter of credit is intended to replace UBS, AG's letter of credit#Y034116. By order and for the account of our client, Cove Beach Estates, LLC,with a mailing address at c/o Raoul Witteveen, 90 Park Avenue,Suite 1713, New York, NY 10016, and in accordance with the recommendation of the Southold Town Planning Board and the resolution of the Southold Town Board number 496 of 2004 dated June 29,2004,we hereby establish our Irrevocable Letter of Credit No. 100311, in your favor for an amount up to, but not exceeding, the aggregate sum of Seven Hundred and Five Thousand Seven Hundred and Ten Dollars ($705,710.00)effective immediately and expiring at our office located at 100 Motor Parkway, Hauppauge, New York on August-19, 2006. Funds under this Letter of Credit are available to you against your sight draft(s)signed by your authorized officer, drawn on us bearing the clause "Drawn under Letter of Credit No. 100311"accompanied by a written statement signed by the Chairperson of the Southold Planning Board to read as follows: "This drawing has been caused by the default of Cove Beach Estates, LLC or its failure to complete performance in the completion of the required improvements to the Proposed Major Subdivision of Cove Beach Estates as called out by resolution of the Southold Town Planning Board in the amount of up to$705,710.00." 1 • Founded 1910• BAN K f SM ITHTOWN �- Dedicated.To You. Southold Planning Board page 2- August 19, 2005 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 100311, continued It is a condition of this Irrevocable Letter of Credit that it shall be deemed automatically extended without amendment for additional one year periods from the present, unless forty- five (45)days prior to any such date, we shall notify you in writing by certified mail at the above listed address that we elect not to consider this Letter of Credit renewed for any such additional periods. This Letter of Credit sets forth in full the terms of our undertaking and such undertaking shall not in any way be modified, amended or amplified by reference to any document or instrument referred to herein or in which this Letter of Credit relates and any such reference shall not be deemed to incorporate herein by reference any document or instrument. Except as otherwise expressly stated herein,this Letter of Credit is subject to the laws of the State of New York including the Uniform Commercial Code and the Uniform Customs and Practice for Documentary Credits(1993 Revision), International Chamber of Commerce Publication No. 500. Very truly yours, BANK OF ITHTOWN J by: Robert J. nri Executive ice President and Chief Lending Officer 2 • Founded 1910• CHARLES R.CUDDY � ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net December 23, 2014 James A. Richter, R.A. Engineer Office of the Engineer -���,. •- ��--- Town of Southold r, E u PO Box 1179 Southold,NY 11971 pE 2 9 M4 Re: Cove Beach Estates,LLC south old Town SCTM 1000-22-3-9.1, 18.1, 18.7, 18.8 Planning Board Dear Mr. Richter: Please advise if you had an opportunity to inspect the Cove Beach Estates property in accordance with our letter of October 23, 2014,which is enclosed. Very truly yours, Charles R. Cuddy CRC/ik cc: Heather Lanza, Planning Director y-�y October 23, 2014 James A. Richter, R.A. Engineer Office of the Engineer Town of Southold PO Box 1179 Southold,NY 11971 Re: Cove Beach Estates,LLC SCTM 1000-22-3-9.1, 18.1, 18.7, 18.8 Dear Mr. Richter: The owner of Cove Beach Estates subdivision at East Marion has requested that you complete an inspection of the road at this site so there will be a current report recommending a reduction of the Letter of Credit. Please note that I have a key to the new gate which has been erected, if that will assist you in accessing the site. Very truly yours, Charles R. Cuddy CRC/ik MBANKJoSMITHTOWN D dboWd firb,,. /00 Motor Parkway Sixth Floor,Suite 160 Hauppauge,NY 11788 Tel:(631)360-9303 Fax: (631)360-9410 August 19,2008 Office of the Town Clerk Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold,NY 11971 Subject: Performance Bond Cove Beach Estates LLC East Marion,NY Dear Sirs, As per our original agreement,please note that the above referenced Letter of Credit #100311 has been extended to August 19,2011. Patricia Del Bene Administrative Assistant • Founded 1910 BANK f�MIl . i i C]WN Dedicated tG Vou. 100 Motor Parkway Sixth Floor, Suite 160 Hauppauge, NY 11788 Tel: (631)360-9303 RECEIVED Fax: (631)360-9410 AUG 2 1 2006 August 19, 2006 Office of the Town Clerk Southold Town Clerk ' Town of Southold Town Hall ` z 53095 Main Road '' E P.O. Box 1179 Southold, NY 11971 AUG 23 2006 Subject: Performance Bond Cove Beach Estates LLC East Marion, NY Dear Sirs, ::.,. : "•.�4.,:a:,�,..�..«.,...,_... As per our original agreement,please note that the above referenced Letter of Credit#100311 has been extended to August 19, 2007. age Cory Ewald Adm ' trative Assistant • Founded 1910 L RESOLUTION 2005-594 ADOPTED DOC ID: 1166 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2005-594 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 27,2005: RESOLVED that the Town Board of the Town of Southold hereby amenft the Irrevocable Luer of Credit Number 100311 issued by the Bank of Smithtown jn the amount of$705.710 for the proposed Major Subdivision of Cove Asch Estates located at FAIL Marlon New York,SCTM @1000-22-3- 9.1, 18.1 & 18.8,as a subsdttte for and release the a 'i anal Letter of Credit Number Y034116 issued by UBS AG in the amount of$705,710 that was approval by Town Board Resolution No.496 of 2004. The substitution is requested by the applicant,Southold Town Planning Board recommends approval of the substitution,and is subject to the approval of the Town Attorney. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: John M. Romanelli,Councilman SECONDER:William P. Edwards,Councilman AYES: Edwards,Ross,Wickham,Romanelli,Evans,Horton W MAJOR SUBDIVISION Complete application received Yield map received Application reviewed at work session �10��/ •e� iMroL OK i uv'i iero. OK Applicant advised of necessary revisions "L OK Revised submission received inro. inro. OK Sketch plan approval -with conditions Lead Agency Coordination SEQRA determination 1 iS Ue� s zo Preliminary maps received FA Preliminary maps reviewed`at work session in►v. OK a -revisions , ,` OK .v) s �. Road profiles/drainage submitted �� (� 7 iMro.� OK -revisions Road profiles/drainage reviewed be Engineer inro. z � O Z � N W OK H 0 Sent to County Planning Commission c i ro� OK Receipt of County Planning Report inro.` OK Review of SCPC report o No " Preliminary hearing Preliminary approval L Z. -with conditions o -9 6- Sent to Fire Commissioner 3{yt r M ' .-. I Receipt of firewell location iNotification to applicant to include on final map o�� o Draft Covenants and Restrictions receive inro: OK sw Draft Covenants and Restrictions reviewed �'^J�+v��"'''� �°��c�-�*}' iro.` oK �cx # Filed Covenants and Restrictions received }—' V) Bond estimate submitted p Bond adopted by PB 7��,71 t>.L 5 1 Bond adopted by TB Payment of bond Payment of inspection fee XJ1 Determination of park &playground fee ��� Park &playground fee adopted by TB ? / Payment of park &.playground fee _40 �v Open Space documents t. Documents reviewed by TA INFO. OK �j Receipt of mylars and paper prints with Health approval I Final Public Hearing >VA. Approval of subdivision -with conditions / f ms Endorsement of subdivision PLANNING BOARD MEMBERS O�OSUFFO��C �` BENNETT ORLOWSKI,JR. ��j Town Hall, 53095 State Route 25 Chairman y1 P.O. Box-1179 cz WILLIAM J.CREMERS CODZ Southold, New York 11971-0959 KENNETH L.EDWARDS �y • �� Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD AMENDED FINAL Subdivision Application Form Name of Subdivision: Map of Cove Beach Estates, LLC Suffolk County Tax Map # 1000- 22-3-9.1 1000-22-3-p/o 18.1 1000-22-3-18.7 Type of Subdivision: 1 ado 2-3-18.Minor Set-Off Lot-Line Cluster Subdivision: Yes No Hamlet: East Marion. Street Location: North side of NYS Rt. 25 approximately 1,776 feet east of Stars Road. Acreage: 104.3532 Number of Lots: 12 Zoning District: R-80 Date: March 22,. 2002 I Please list name, mailing address, and phone number for the people below: Applicant: Cove Beach Estates, TLC I Agent handling the application: Charles R. Cuddy, Esq. (Contact Person) PO Box 1547 Riverhead, NY 11901 Property Owner(s): Cove Beach Estates, LLC c/o Interpool, Inc. 633 Thit.d Avenue, 17th fl. New York, NY 10017 I I Surveyor: Young & Young j 400 Ostrander Ave. i Riverhead, NY 11901 Engineer: Thomas Wolpert Young & To-ung 400 s ran. a .. Riverhead, HY 11901 Attorney: Charles R, Cuddy, Esq. PO. Box. 1547 Riverhead, NY 1.1901 Other Agent(s): En.z.o Morabito c o Dunemere Ts.soclates --SE)tlt} pte�, W 14968 Has this property had a previous application to the Planning Board? Yes No Has this property previously received a SEQRA review? Yes No Have you had any pre-submission conferences with the Planning Board? Yes No Does this application have variances from the Zoning Board of Appeals? Yes No Appl. No. Date Is this property adjacent to any bodies of water? es No Are there any wetlands on the property? No Are there public water mains in an adjacent street? Yes No o . Is public water proposed for the subdivision? Yes CNo , Is the majority of the property forested? Yes No Is any part of the property in active agricultural use? Yes No Is there an existing or proposed sale of development rights on the property? Yes No Is there a mortgage on the property? Yes No Does the owner own any adjacent properties? Yes No Principal of Cove Beach Estates has interest in adjoining g properties Are there any building permits currently pending on this property? Yes No , Signature of Preparer Date March 22, 2002 Cha..r jes R,Cuddy Cove Beach Estates, LLC c/o Interpool Inc. 633 Third Avenue, 17"floor New York, NY 10017 March 21, 2002 -3- I, Raoul Witteveen, owner of the property at SCTM#1000-022;48.1, 18.7, 18.8 and 9.1 in East Marion, New York, hereby authorize Charles R. Cuddy, Esq., to act as my agent and handle all necessary work involved in the subdivision process with the Southold Planning Board. Coved ac es, LLC By: t veen, President j Sworn to before me thisWO? day of March, 2002. j Notary Public (� I DENISE MASIELLO Notary Public, State of New York No. 41-7750155 Qualifies! in C_ezns County Cert. File it 5i-_.: Yorl< County�j-Z' Commissi�-. ,uly 31,20� I I . I i i 14-16-2 (9195)-7c 617.20 S EQ R. Appendix A State Environmental Quality Review -FULL ENVIRONMENTAL ASSESSMENT FORM Purpose:The full EAF is designed to help applicants and agencies determine, in an orderly manner, whetheria project or action may be significant.The-question of whether an action may be significant is not always easy to answer.I Frequent - ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or'no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition,many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature,yet flexible enough to allow introduction of information to fit a project or action. I j Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of.possible impacts that may occur from a project or action.It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. j Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. • I DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions I . Identify the Portions of EAF completed for this project: ❑ Part 1 ❑' Part 2 0Part13 Upon review of'the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information,and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The-project will not result in any large and important impacts) and, therefore, Is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for.this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. A Conditioned Negative Declaration is only valid for Unlisted Actions I Name of Action I i Name of Lead Agency ! Print or Type'Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer In Lead Agency Signature of Preparer(If different from responsible officer) ; Date i i PART 1—PROJECT INFORMATION i Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effe on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considers as part of the application for approval and maybe subject to further verification and public review. Provide,any addition information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and iwill not invol� new studies, research or investigation. If information requiring such additional work is unavailable,so indicate and sped each instance. NAME OF ACTION I ... LOCATION OF ACTION(Include Street Address, Municipality and County) _.. NYS Route 25, East Marion,, Town: of Southold, C u NAME OF APPLICANTISPONSOR BUSINESS TELEPHONE Cove Beach Estates, LLC (2121 1 -1 ADDRESS c/o In.terpool., Inc.. , 6.33. Third. Ave, 17th Flog STATE _ ZIP CODE CITYIPO New York NY 1AA1 NAME OF OWNER of different) BUSINESS TELEPHONE ( ) ADDRESS PO Box 1547 STATE I. ZIP CODE CITYIPO Riverhead i DESCRIPTION OF ACTION 12-.lot subdivision, with 2f3 0 ' land preserved through.Conse.rvation Deed. j I Please Complete Each Question-Indicate N.A. if not applicable A. Site Description i Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial OCommercial OResidential(suburban) I ❑Rural(non-fa ❑Forest ❑Agriculture . Wither Vacant coastal prese=xed 2. Total acreage of project area: 104.35 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETIOI Meadow or Brushland (Non-agricultural) 20.66 acres, 17 74 acre Forested (wooded) 66.76 acres 58. )0 acre 0 acres 0 acre Agricultural (Includes orchards, cropland, pasture, etc.) .112 acr+ Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres Water Surface Area 0 acres 0 1 acr4 Unvegetated (Rock, earth or fill) beach, bluff' 9 31 acres 9.131 acre Roads, buildings and other paved surfaces 0 acres —a*— acr Other (Indicate type) lawns az�d l,aldscapinE 0 acres 7 72 acr Rl, B..-• plymouth• loamy, sand. 3. What is predominant soil type(s) on project site? a. Soil drainage: OWell drained g % of site )UModerately well drained 2'0 g'a of site ❑Poorly drained _. °Xo .of site. b. If any agricultural land Is involved,' many acres of soil are classified within soil group 1 through 4 of the Land Classification System? .g,[4 acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings o roject site? ❑Yes ®No a. What is depth to bedrock? " (in feet) 2 i I r I I I 5. Approximate percentage of proposed project site with slopes: E10-10% % 010-15% % I •015% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State-or the National Registers of Historic Places? ❑Yes nNo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes R]No 8. What is the depth of the water table? _-0-22(in feet) i 9. Is site located over a primary, principal, or sole source aquifer? XXYes ❑No i 10. Do hunting, fishing or shell fishing opportunities presently exist.in the project area? ❑Yes ®No i 11. Does project site contain any species of plant, or animal life that is identified as threatened or endangered? ❑Yes K1No According to I Identify each.species 12. Are there any unique or unusual land forms on the project site? (i.e., _cliffs, dunes, other geological formations) ❑Yes nNo Describe i • i 13. Is the project site presently used by the community,or neighborhood as an open space or recreation area? ❑Yes bNo If yes, explain i 14. Does the present site include scenic views known to be important to the community? ❑Yes KiNo j .15.'Streams within or contiguous to project area: None a. Name of Stream and name of.River to which it is tributary . I 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name L.I. Sound, wetlands at Dam. Pond b. Size (In acres) 17. Is the site served by existing public utilities? CRYes ❑No i. a) If Yes, does sufficient capacity exist to allow connection? ®Yes ❑No b) If Yes, will improvements be necessary to allow connection? - MYes QNo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ❑Yes ®No I 19. Is the site located in or substantially contiguous to.a Critical Environmental Area designated pursuant to;Article 8 of the ECL, and 6 NYCRR 617? ❑Yes 53No I 20. Has the site ever been used for the disposal of solid or hazardous wastes? Oyes QNo ' I I B. Project Description 1. Physical dimensions and scale of project(fill in dimensions as appropriate) contiguous acreage owned or controlled b 104 .. a. Total conti g g y project sponsor acres. b. Project acreage to be developed: 38 acres initially; 38 acres ultimately. c. Project acreage to-.remain undeveloped 66 acres. j d. Length of.project, in miles: (If appropriate) e. -If the project is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing — ;.proposed 24 g. Maximum vehicular trips generated per hour 5 • (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 12 Ultimately 12 1. Dimensions(in feet) of largest proposed structure 35' height; 50' width; 60' length! j. Linear feet of frontage along a public thoroughfare project will occupy is? 87 ft. " g I i i n I 2. How much natural material (i.e., rock, earth, etc.) will. be removed from the site? N/A tons/cubic yards 3. Will disturbed areas be reclaimed? MMYes ONo ON/A a. If yes, for what intended purpose is the site being reclaimed? To faci±state the proposed improve- b. Will topsoil be stockpiled for reclamation? ilYes ONo ments ! c. Will upper subsoil be stockpiled for reclamation? MYes ONo 11.68 . 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed-from site? r, .,z acres. S. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? OYes CKNo j 6. If single phase project: Anticipated period of construction 24 months, (including demolition). 7. If multi-phased: NSA a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (includin.g demolition). ! c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? OYes ONo 8. Will blasting occur during construction? OYes t]No ! I 9. Number,of jobs generated: during construction 10 ; after project is complete 0 10. Number of jobs eliminated by this project j 11. Will project require relocation of any projects or facilities? Oyes ANo If yes, explain ! ! 12. Is surface liquid waste disposal involved? Oyes KINo j -.--- -• a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? Yes ONo Type Sanitary j 14. Will surface area of an existing water body increase or decrease by proposal? OYes bNo Explain ! 15. Is project or any portion of project located in a 100 year•flood plain? Me's ONo 16. Will the project generate solid waste? PYes ONo 3.96 a. If yes, what is the amount per month �—tons b. If yes, will an existing solid waste facility be used? )GYes ONo j c. If yes, give name Southold Trnnefar Stati,e ; location Cutchogue d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ' KlYes iONo Material s r mnvarl from ! e. If Yes, explain t;h® �aas�es eaa3--fie nuu,vi recycling 17. Will the project involve the disposal of solid waste? ems.Yes ®No ! a. If yes, what is the anticipated rate of disposal? NSA tons/month. b. If yes, what is the anticipated site life? NSA years. . 18. Will project use herbicides or pesticides? 1IYes ONo i.e. lawn: care 19. Will project routinely produce odors (more than one hour per day)? OYes QNo 20. Will project produce operating noise exceeding the local ambient noise levels? OYes ®No i 21. Will project result in an increase in energy use? JDYes ONo If yes , indicate type(s) electrical, I 22. if water supply is from wells, indicate pumping capacity. 5 gallons/minute. 23. Total anticipated water usage per day 3,600 gallons/day. 24. Does project involve Local, State or Federal funding? OYes ONo i If Yes, explain 4 I I i i ' 25. Approvals Required: Submittal Type Date City, Town, Village Board dYes ONo I City, Town, Village Planning Board . nYes ONo Town Planning Board City, Town Zoning Board ❑Yes ❑No City,.County Health Department Yes ONo c„t, av-isn—a�Preval, 4/02 Other Local Agencies Dyes ONo Other Regional Agencies. OYes ❑No State Agencies ❑Yes ❑No j Federal Agencies OYes ONo I C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? XXYes ❑No j If Yes, indicate decision required: Ozoning amendment Ozoning variance ❑special use permit Xwsubdivision Osite plan Onew/revision of master plan ❑resource management plan Oother 2. What is.the zoning classification(s)of the site? R-80 j 3. What is the maximum potential development of the site if developed as.permiitted by the present zoning? 35--40 2-acre rpsidpP .Hnl cl tP4 4: -.What is the proposed zoning of.the site? same 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? same 6. Is'.the proposed action consistent with the recommended uses in adopted local land use plans? %Wes ❑No 7.. What are the predominant land use(s) and zoning classifications within a 1/, mile radius of proposed!action? residential 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/. mile? XTiYes ONo 9. If the proposed action is the subdivision of land; how many lots are proposed?.12 a. What is the minimum lot size proposed? 80,000. sq. fit, 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? OYes P to 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? 76Yes ONo - i. If yes, is-existing capacity sufficient to handle projected demand? ZlYes 0.No 12. Will the.proposed action result in the generation.of traffic significantly above present levels? OYes• ®No a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes iONo D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse- impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification certify that the information provided above is true to the best of my knowledge. A Iicant/S r Name Cove Beach Estates PP P Date 4/a�in2 Signature Title Prof. Engineer, Young & Young If the action is in the Coastal Area,and you are a state agency,complete the Coastal Assessment Form before proceeding with this assessment. 5 Town Of Southold 1 P.O Box1179 Southold, NY 11971 a 1 * * * RECEIPT * * * 0 tk 2004 1. 1 Date: 05/20/04 Recei 032 Sout'nold down '1 Planning Boar Transaction(s): Subtotal 1 Inspection $42,342.60 Check#: 1032 Total Paid: $42,342.60 Name: Cove, Beach Estates LIc 633 3rd Ave, 17th FI New York, NY 10017 Clerk ID: LINDAC Internal ID:94304 i ^� Town Of Southold L, \ P.O Box1179 Southold, NY 11971 RECEIPT \ Date: 03/29/04 Receipt#: 1026 Transaction(s): Subtotal 1 Park& Playground $60,000.00 \ Check#: 1026 Total Paid: $60,000.00 2 9 Pf.,A° �,�� Name: Cove, Beach Estates Llc Clerk ID: BONNIED Internal ID:91422 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net March 2, 2004 Mr. Mark Terry E C Southold Town Planning Department ID Southold Town Hall 53095 Route 25 5 2004 P.O. Box 1179 MAR Southold, NY 11971 Southold Re: Cove Beach Estates, LLC with Peconic Land Trust, Inc. Plann ng Board SCTM#1000-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Terry: In accordance with your request we are enclosing the following Deeds: 1. Deed of Conservation Easement dated December 23, 1995 2. Amendment of Deed of Conservation Easement dated December 18, 1996 3. Deed of Conservation Easement dated December 29, 1997 Please advise if any additional information is required. Very truly yours, Charles R. Cuddy CRC:ik Enclosures cc: Valerie Scopaz P.S. We will shortly forward to you the final Deed of Conservation Easement, affecting lots 11 and 12, which is being recorded. BOX 'S 5 THRU 9 MUST BE TY! :i OR PRI TED IN BLACK INK OII , ' PRIOR TO RECORDING OR FILING r 1 SUFFOLK COUNTY CLERK. 2 .. . ,92��r 3 11808 UP# PG 661 RECEIVED Number of pages 17. 1 REAL ESTATE �..._�;_i...... . w C 31 1.9W Serial# c-= i I:.�: -" ''TRANSFER TAX Certificate# SUFFOLK -� coin 9� Prior ! Iced/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Fee . 2 d Mortgage Amt. Handling 1. Basic Tax TP-584 2.SONYMA Notation Sub Total EA-5217(County) Sub Total 4� . G d 3.Spec./Add. EA-5217(State) TOT.MTG. TAX R.P.T.S.A. Dual Town Dual County Held for Apportionment Comm.of Ed. 5_._UII_ Transfer Tax . Affidavit 4Ho 2NoeQ� Mansion Tax Certified Copy The property covered by this mortgage is or will be improved by a one or two Reg. Copy _ Sub Total , , C' (0 . family dwelling only. : YES or NO Other GRAND TOTAL ' (� If NO,'see appropriate tax clause on - � page# of this instrument. }5 _ Real Property Tax Service Agency Verification ?`> Title Company Information . Dist Section . Block Lot 1000 022 . 00 03 .00 015 .001 1000 022. 00 03.00 018. 003 Company Name . P > ate Title Number FEE PAID BY: ,. �{AR E E Cash Check Charge 445 GRIFFING AVENUE, Payer same as R&R P.O. BOX .l 547 OR: RIVERHEAD, NY 11901 RECORD & RETURN TO Suffolk, County Recording & Endors,ement Page This page forms part of the attached 'D E E D 0 F .EASEMENT made by: . (Deed, Mortgage, etc.) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. Raoul J . Witteveen TO In the TOWN of Southold Efffs, Peconic Land Jrust', Inc'oroorated In the VILLAGE ' or HAMLET of East Mario n AMENDMENT OF DEED OF CONSERVATION EASEMENT THIS AMENDMENT OF DEED OF CONSERVATION EASEMENT,is made on the �day of December, 1996 at Southampton, New'York. ,The parties are RAOUL J: WITTEVEEN, residing at 368 Daniels Lane,.Sagaponack, New York 11962 (herein, called the '.'Grantor"),, and the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York Corporation, having a principal office at 296 Hampton Road (P.O. Box 2088), Southampton, New .York 11969 (herein called "Grantee"). INTRODUCTION' WHEREAS, the Grantor is the owner in'fee simple of approximately 98.38.acres of real property located in the Town of Southold, Suffolk County, New York, known as Final Plat of Map of Cove Beach Estates,,dated November 27, .1996, hereinafter more fully described in Schedule A attached hereto, and lurther described as part of Suffolk.County Tax Map Parcel Numbers 1000-22-3-15.1 and 18.3, and hereinafter referred to:°as the "Property"; and WHEREAS, the Property is located in•the R 80 Zone:which is-included in the Agricultural Conservation District ofIthe Town:of Southold which designation, to the extent possible, is intended to prevent the :unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town of Southold code, Section 100-30; and . WHEREAS, the Grantor has granted to'the Grantee, a Conservation Easement dated December 23, 1995, and recorded on December 29, 1995 in the office,of the Suffolk County Clerk as Liber 117.56 page 282 and known as 'the 1995 Easement; and WHEREAS, the 1995 Easement reduced the density of the Property from a yield of thirty four(34) to twenty six (26),single-family residences; and WHEREAS, the Grantor wishes to.amend the 1995 Easement on the' '.98.38-acre parcel of ' Property in order to further achieve the conservation purposes as set forth' in the 1995 Easement by reducing the density of the Property to permit not more than seventeen (17) single-family residences with appurtenant structures and improvements; and thereby increase the Open Area by 10.59 acres, more fully described in Schedule B attached hereto, (total Open Area to equal:4;6.7.b..:acr_es) and to reduce the Development Area by 10.59 acres, more fully described in Schedule C attached hereto, (total Development Area to equal=5-.UQ8 a_cres), so that a substantial portion of the Property shall remain in its open, undeveloped,,and scenic state; and NOW THEREFORE: . 0.01 `Grantor's Warranty, Grantor warrants and:represents'jo the Grantee that Grantor is the owner of the Property described in SCHEDULE`'A, free of any.mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a qualified not-for-profit charitable organization under Section 17.0(h)(3) of the..Internal Revenue Code of 1986, and any amendatory or supplemental legislation,:(herein called "the Code"), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural, scenic and natural values of rural lands located in Suffolk County of Long Island. 0.03 Purpose The parties .reiterate the environmental, scenic, open space and agricultural values of the Open Area as set forth in the 1995.Easement., This.Deed is-intended to amend the 1995 Easement on the Property by Grantor to Grantee, exclusively for the purpose of perpetually preserving its:open space character for.•environmental,.scenic, agricultural and natural values, by increasing the size of the Open Area and 1 reducing the density of permitted development, in furtherance of federal, New York State 'and local conservation policies. 0.04 Government Recognition New York State has recognized the importance of'private efforts.to preserve rural land . in a scenic, natural and open condition through conservation restrictions, by enactment.of Environmental Conservation Law, Section 49-0301, 'et. seq. and General Municipal Law, Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Grantee's WarrantX Grantee warrants and represents,that it.possesses the intent and ability to enforce the terms of this amendment to conservation easement on the Property, and the 1995 Easement . itself, as determined by its Board of Directors, at a duly constituted meeting of that Board on August 12, 1996 and that the. Pro satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open land. 0.06 Documentation Both the Grantor and the Grantee acknowledge that the condition of the Property has not changed since the granting of the 1995 Easement and.that any and-all documentation given pursuant thereto is still relevant and applicable to this amendment. 0.67 Recitation. In consideration of,the previously recited facts, mutual promises', undertakings and forbearances contained in.this amendment, the parties agree upon its provisions, Intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type, This Deed conveys an amendment to a conservation easement ( herein called the 1995 Easement). The 1995 Easement is hereby amended as provided in Section.8.02 in the 1995 Easement to further its conservation.purposes.''All of the terms of the 1995 Easement except those specifically ,amende,d herein, shall .remain, in full force and effect. Reference to the "1995. Easement" or its "provisions" in this Deed shall include any and all of those covenants, restrictions, rights, terms and conditions and ,are incorporated herein. 1.02 Duration This amendment-to the 1995 Easement"shall be a burden upon and run with the Property in perpetuity. 1.03 Effect The covenants, terms, conditions, restrictions and purposes of this amendment to the 199.5 Easement shall run with the Property as an'incorporeal interest in the. Property, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns and all other individuals and entities. Any rights, obligations,.and interests herein grantedJo Grantee shall also.be deemed granted to each and everyone of its subsequent agents, s,uccessors,;and assigns, and the word "Grantee when used herein shall include, all of those persons or,entities. Any rights, obligations and interests herein granted by Grantor shall also be,deemed granted by.each and every one of its subsequent agents, successors and assigns, and the.word:"Grantor" when used herein shall include all of those persons or entities. 2 ARTICLE TWO GIFT - GRANTOR hereby voluntarily grants,,releases and, conveys to Grantee, as an absolute gift, the interests set forth in this Amendment to Conservation Easement in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Amendment to Conservation Easement in perpetuity, and undertakes to'enforce it against Grantor and .all future owners, tenants, occupants, assigns.and possessors of said Property. ARTICLE THREE I PROHIBITED ACTS From and after the date of this Deed of Amendment to Conservation Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property to the extent inconsistent with the 1995 Easement'or this amendment of the 1995 'Easement: 3.01 Subdivision The subdivision or partitioning of the Property without the prior written consent of. the Grantee; which shall be granted if that subdivision or.pa'dition does not defeat or derogate from the purposes of this Easement. In no event,shall the Development Area be,subdivided into more than seventeen (17) single-family residential lots as provided in Section 4.01 hereof, and. none . of the 17 lots shall be further. subdivided.in 'perpetuity unless the lot lines merge. Any changes in lot lines subsequent to .final subdivision approval must be authorized by the Town of Southold Planning Board. 3.02 Development Rights. The use of the acreage of this Property burdened with this Easement-for purposes of calculating lot yield'on''any other property: :Grantor hereby grants to Grantee all residential development rights (and any further development rights that may be created through a re- zoning of the_Property) on the Property,,.,and the parties..agree that such rights shall be terminated and extinguished and may not.,be.used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Structures A. Allowable Residential Improvements.','` Paragraph 4.06A .Pf the 1995 Easement•is hereby amended.to provide that Grantor shall " have the right to construct no more than seventeen (17) single-family residences with appurtenant structurgs;and improvements reasonably necessary to serve such residences including,without limitation, driveways, garages,' storage'sheds,'septic systems and leaching pools, swimming pools, pool houses, tennis courts, or, other family-scale athletic facilities. All _ such residences,'structures and improvements,shall be constructed, maintained and replaced within the Development Area. Clearing and..grading within each residential lot shall be limited . to that necessary for .siting, constructing, renovating, expanding, converting or replacing the residences and appurtenant structures and improvements with the intent of, preserving as much of the natural.vegetation'on.the site.as possible and minimizing storm water runoff and erosion. No storm water..runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. 3 I IN WITNESS WHEREOF,,Grantor has executed and delivered and Grantee has accepted and received this Deed of Amendment to Conservation Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: BY: ' -Ra I J. Witteveen (Grantor) ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST.(Grantee) BY: r. J�hj v.H.,Halsey. Its President STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS:: On this day of December, 1996, before me personally appeared Raoul J. Witteveen, who, being by rrie duly sworn, said that he resides at 368 Daniels Lane, Y n , Sagaponack, New York 11962..' Grantor mentioned and described in, and-who executed the foregoing instrument, and he duly acknowledged to me that he executed the same Notary Public CHARLES R.CUDDY Notary Public,State of New York STATE OF NEW YORK ) No.5872225 Qualified in Suffolk County COUNTY OF 8UFFOLK ) SS.: Commission Expires December 31,19 r On this 10 day of December, 1996, before me personally appeared'JOHN v.H. HALSEY, who, being by'me duly sworn, said that he resides at 469 Majors Path, Town of Southampton, New York, that he is President of PECONIC LAND TRUST, INCORPORATED, the Grantee mentioned and.described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conseyed therein; and that he . signed his name thereto by authority of the Board of Directors of the said Corporation. Notary Public MELANIE A.TESBENS' Notary Public,State of New York Schedule A: Metes and;Bounds Description of the Property: Na 01TE5035908,Suffolk County 6 CornrnisstIon Expires November 14, 19t1LD Schedule B:. Metes and Bounds Description of the Open Area., Schedule C: Metes and Bounds Description of the Development Area. 4 CHEDULE .A ---------- November 27, 1996 Cove Beach Estates at East Marion, Town of Southold, New York S.C.T.M. No.: 1.000-22-3-15.1 & 1000-22-3-18.3 Surveyor's Description - Entire Parcel ALL that certain plot, piece, or parcel of land, with the,buildings and improvements thereon erected, situate, lying and being at Last Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road at the southeasterly corner,of land now or formerly Frank R. Russel and Others, said point being situate 1776 feet easterly as measured along the northerly side of Main Road from the intersection of th Stars Road: e northerly side of Main Road and the easterly side of - RUNNING thence from said.point of beginning along land now or formerly Frank R. Russel and Others the following four,(4) courses and distances: 1. North 23 deg. 22 'min. 16 sec. West 211.37 feet, 2. South 60 deg. 31 min. 44 sec: West 27.55 feet, 3. North 25 deg. 15 min. 1.6 sec.,West 402.42 feet, 4. South 72 deg. 32 min. 04 sec. West 52.24 feet to land now or formerly Ronald Edeen, Jr. and Barbara Edeen;. RUNNING thence along land now or formerly Ronald Edeen, Jr. and Barbara Edeen the following two (2) courses and distances: 1. South 77 deg..58 min. 14 sec. West 155.85 feet, 2. South 74 deg. 31 min. 54 sec.:West 59.26 feet to land now or formerly Frank E. Begora, Jr. and Iris.R. Begora; RUNNING thence along land now or formerly Frank E. Begora, Jr. and Iris R. Begora the following two (2) courses and distances: .1. South 78 deg. 29 mina 54'sec. West 295.42 feet; 2. South 27 deg. 28 min. 06 sec. East 11.58 feet to land now or formerly Myron B. Brown; RUNNING thence, South 76 deg:' 28'min. 04 sec. West along land now or formerly Myron B. Brown 180.74 feet to land now or formerly John Psaroudakis and Luz Psaroudakis;' RUNNING thence North 24 deg. 08 min. 36 sec. West along land now or formerly John Psaroudakis and Luz Psaroudakis and-along land now or formerly'. Dorothy E. Cook 932.76 feet to a point; RUNNING thence South 65 deg. 51 min. 24 sec. West still along land now or formerly Dorothy'E. Cobk 137.75 feet to the easterly side of a certain 16 foot wide right-of-way through land now or formerly Dorothy.E. Cook; RUNNING thence along the easterly side of said right-of-way the following two (2) courses and distances: 1. North 24 deg. 41 min. 56 sec..West 529.80 feet, i Page 1 . 2. North 23 deg. 47 min. 16 sec: West 269.74 feet to a point; RUNNING thence still along land now or.formerly Dorothy E. Cook the following three (3) courses and distances: 1. North 65 deg. 51 min. 34 sec: East 141.21 feet, 2. North 24 deg. 08 min. 36 sec. West 206.00 feet, 3. North 25 deg 26 min. 56 sec. West 31.1.78 feet to land now or formerly Otto Uhl; Jr. et'al.; RUNNING thence along land how orformerly Otto Uhl, Jr. et al. North 61 deg. 16 min. 04 sec. East 156.76 feet to land now or formerly Constance J. Terry; RUNNING thence along land now.or formerly Constance J. Terry the following ten (10) courses, and.distances: 1.'' South 25 deg. 31 min. 36 sec. East 8$6.45 feet, 2. North 65 deg. 47 min. 54 sec. East '288.00 feet, 3. North 24 deg. 12 min'. 06 sec. West 176.10 feet, 4. North 24 deg: 38 min. 46 sec. West 113.47 feet, 5. North 23 deg. 32 mih. 36 sec. West 110.05 feet, 6. North 25 deg. 39 min. 46`sec. We. 101.00 feet, , 7. North 23 deg. 04 min. 56'sec.'West 68.65 feet, 8. North 26 deg. 21 min. 26 sec. West 100.90 feet; 9. North 28'deg. 48 min. 1,6. sec.''West 101.34 feet, 10. North 33-deg: 26 min. 56 isec.'West 68.56 feet to land now or formerly Otto. Uhl; Jr.' et al.; RUNNING thence along land,nowor formerly Otto Uhl, Jr. et al. the following four (4) courses and distances: 1. North 61 deg. 22 min. 14 sec. East 97.62 feet, 2. North 24 deg. 21 min. 26:sec. West 833.61 feet, 3. North 45 deg. 03 min. 26.sec. West .67.42 feet, . 4. North 02 deg. 48 min. 04 'sec. East 527..67 feet to the approximate highwater.mark of Long. Island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound the following fifteen (15) tie line courses.and distances: . 1. South 83 de'g., 14 min. 46 sec. East 28.26 feet; 2. South 62 deg.,51 min. 09. sec. East 201.65 feet, 3. South 13 deg: 33 min. 58,sec. East 39:20 feet, 4. South 41 deg. 24 min. 16.sec: East 85.68 feet, 5. South 35 deg. 17 min. 27 sec. East 447.02 feet, 6. South 54 deg. 42 min. 50 sec. East 142.20 feet, 7. South 61 deg. 51,min. 04'seci East 142.78 feet, P. South 67 deg. 52 min. 44 sec: .East 167.49 feet; l 9. South 73 deg. 20 min. 32 sec. East 501.35 feet, 10. South 70 deg. 23 min. 39 sec: East 2.15.43 feet, 11. South'73 deg. 28 min. 00 sec.' East 227.73 feet, 12. South 71 deg: 06 min. 21 sec. East 210.49 feet, 13. South 82 deg; 49-min. 39 sec. East 69.50 feet, 14. South 76 deg: 56 min. 14 sec.,East 108.1'�2 feet, 15. South 81 deg. 51 min. 42 sec. East 321.20 feet to land now or formerly Robert W.,Gillespie, Jr. and David Gillespie; RUNNING thence along land now or formerly Robert W. Gillespie, Jr. and David Gillespie South 06 deg. 24 min., 34 sec: West 198.78 feet to the approximate t . page,2 highwater mark of.Dam Pond; RUNNING thence along the approximate highwater mark of Dam Pond the following thirty-three (33) tie line courses and distances: 1: South 89 deg. 19 min:. 53 sec. West 73:94 feet, 2. North 75 deg. 37 min. 52 sec. West 4.8.78 feet, 3. North 87 deg. 59.min. 45 sec. West . 58.54 feet, 4. North 89 deg. 33 min. 38',sec. West 3.7.38 feet, 5. North'63 deg. 46 min. 47 sec. West 46.02 feet, 6. North 85.deg. 42-min.-49 sec. West 63.84 feet, 7. North 66 deg. 04 min. 49 sec. West 28,08 feet, 8. South'33,deg. 57 min. 52 sec. East 180:87 feet, 9. South 18 deg. 42 min. 02 sec. East 110.06 feet, 10. North 89 deg. 10 min. 25 sec. ,East 85..79 feet, 11. South 38 dig. 23 min. 13'sec. East . 8.1.33 feet, 12. South 24,deg. 16 min. 05 sec. East . 7V 1 feet, 13. South 51 deg. 10 min. 46.. sec. West 49.25 feet, 14. South 32 deg: 39 min. 33 sec. East 58.55,feet, 15. South 28 deg. 04 min. 43`.sec. West 53.12 feet, 16. South 82 deg. 54 min. 21�1sec: West 46.53 feet', 17. North 77'deg: 57 min: 36,'sec.'West 146.19 feet, 18. South 63 deg. 05 min'. 10 sec. West 64.68 feet, 19. South 04 deg. 56 min. 12 sec. West 73.36 feet, 20. South 23'deg. 18 mina 55'sec.East 581,90 feet, 21. South 55;deg. 48 min. 53'sec.-East 32.68 feet, 22. North 86'deg. 48 min. 55 'sec..'East 82.98 feet, 23. South 76deg. 54 min. 56'sec. East 68.05 feet, 24. North 55,Ideg. 39 min. 06,'.sec. East 161.71 feet, 25. North 14;deg. 48 min. 34aec. `East. 92:74 feet, 26. North 53`deg. 31 min. 16 sec. East 24.33 feet, 27. South 07.deg. 39 min. 07 'sec. East 31.57 feet, 28. South 11'deg. 06 min. 27"sec.Vest 49.53 feet, 29. South"19 deg. 55 min. 03:sec. East 106.82.feet, 30. South"56 deg. 03 min. 02 sec. West 48:86 feet, 31. South 77 deg: 01 min. 56 sec. West 6.1.30 feet, 32. South 79 deg. 24 min. 50,sec. West 79.63 feet, 33. South 16 deg. 48 min. 29 sec. West 20.47 feet to land now or formerly Joseph Frederick Gazza RUNNING thence along land;now or formerly Joseph Frederick Gazza , along land now or;formerly;Bernice Lettieri; along other lands now or formerly Joseph Frederick Gazza, and along land now orlformerly Andrew Lettieri.the following thirteen 0 8) courses'and distances: 1. North 87';deg. 08 min. 46':se'c.'West 103.`77 feet, 2. North 00 deg. 35 min. 14 s'e'c. East 9.00 feet, , 3. North 89`deg. 05 min. 36 sec..West`450.01 feet, ; 4. South 89'deg. 43 min. 34'sec. !West 620.88'f iet, 5. South 25 deg. 30 min. 06 sec. East 608.15'feet, 6. North 81:`deg. 12 min. 16 sec:'West 312.90 feet, 7. South 32 deg. 12 min. 06'sec. East 144.10 feet, B. South 27 deg. .40 min: 36.sec. East 71.14 feet, 9. ' South 27 deg. 49 min. 46 sec. ;East 111.96 feet, 10. South'25 deg. 15 min. 36.sec. East 598.78 feet, 11. . South 26 deg. 45 min. 3,6, 'sec.. East 387.32 feet, 12. North 63 deg. 01 min. 44 sec.,,East 23.10 feet, 13: South 25 deg. 30 min. 16 sec: _East 242.90-feet to the northerly side of Main'Road;: i Page 3 I , RUNNING thence along the northerly,side of'..Main Road South 83 deg. 03 min. 14 sec. West 86.62 feet to the point.or place of BEGINNING. CONTAINING an area of 98.3183 Acres. SUBJECT to all rights.of way,'easements and or covenants of record, if any. F i Page 4 ;. SCH.EDULE_B December 30, 1996 Cove Beach_Estates at East Marion, Town of Southold, New York , S.C.T.M. No.: lobo-22-3-15.1 & 1000-22-3-18.3 Surveyor's Description -Additional Open Area 1996 ALL that certain plot, piece, or parcel of land,.with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State.of New York, known and designated.as Lots 15, 16, 17, 23; 24,.25, 29, 3.0, and 31 as shown on Map of Cove Beach Estates, last dated December 6, 1994 and prepared by Young and Young Land Surveyors, Riverhead, New York, more particularly bounded and described as follows: Parcel 1 - Lots 15 and 16 BEGINNING at a'point on the easterly side of Sunset Lane adjoining Lot 14, as shown on said Map; RUNNING thence from said point of beginning South 77 deg: 05 min. 16 sec. East along Lot 14, as,•shown�on said Map, 267.62 feet to Open Space B, as shown on said Map; RUNNING thence along Open Space B, aslshmv n on said Map, the following three (3) courses and distances: 1. South,29 deg. 54 min. 57 sec.•West238..16 feet, 2. South 48 deg. 44 min..55 sec:West 209.66 feet, 3. North 41 deg. 43 min.,.51 sec.West 240'00 feet to the easterly side of Sunset Lane; RUNNING thence along the easterly side of Sunset Lane, the following two (2) courses'and distances: 1. North 56 deg. 14 min. 44 sec. East 44.'51 feet, 2. On a,curve to,the left having a radius of:330.00 feet for a distance .of 249.58 feet to Lot 14, as shown on said'Map, and the point or place of beginning.' . CONTAINING an area of 89160 square feet or 2.04,68 acres. December 30, 1996 Page 2. Parcel 2 --Lot 17 BEGINNING at a point on the.southeasterly side.of Sunset Lane adjoining Open Space B, as shown on said Map; RUNNING thence from said point'of,begi,nning;South 41 deg. 43 min. 51 sec. East along Open Space B, as shown on said Map, 266.50 feet to.a monument and land now or formerly Joseph Frederick Gazza; RUNNING thence South 64 deg. 27 min: 26 sec. West along Lot 18, as shown on said Map, 287.67 feet.to Cove Beach Drive; RUNNING thence along Cove Beach Drive, the following three (3) courses and distances: 1. On a.curve to the left having a radius.of 805.00 feet for a. distance of 115.37 feet, 2. ' North 33 deg. 45 min. 16,'sec. West 75.0.0 feet, 3. On a curve'to the right having a radius of.40.00 feet for a distance of 62.83:feet to.the southerly side of Sunset Lane; RUNNING thence North 56 deg. 14 min. 44 sec. East along the southerly side of Sunset Lane 150.00 feet to Open Space B,-as shown on said Map, and the point or place of beginning. CONTAINING an area:of 51286 square feet or 1.1773 acres. Parcel 3 Lots 23, 24, and 25. BEGINNING at a point on the easterly side of Cove Beach Drive adjoining Lot 26, as shown on said Map; RUNNING thence from said point of beginning along Lot 261.27, and Drainage Area B, as shown on said Map, the following four (4).courses and distances: 1. South 89 deg. 45 min. 16 sec. East 210.00 feet, 2. South 14 deg. 45 min. 16'sec. East 100.00 feet, 3. North 75 deg. 14 min. 44`sec. East. 100.00 feet', 4. South 47 deg. 25 min. 09'8ec. East 275.73 feet to the northwesterly side of Sunset Lane; 1 o December 30, 1996 i Page 3 RUNNING thence along the northwesterly side of Sunset Lane; the following three (3) courses and distances: 1.. . On a curve to the right)having a radius of.280.00 feet for a distance of 112.40,feet; . 2. South 56 deg. 14 min. .44 secs;West:245.00 feet,' 3. On a curve to the right,having a radius of 40.00 feet for a distance of 62.83 feet to the easterly side of Cove Beach Drive; RUNNING thence along the easterly side of Cove Beach Drive, the following two (2) courses and distances: 1. 'North 33 deg. 45 min. 16 sec, West 1.89.96 feet,. 2. On a curve to the right having a radius of 545.0.0 feet for a distance of 323.41 to Lot 26, as shown on said Map, and the point or place of beginning. CONTAINING'an area of 149542 square feet or 3.4330 acres. Parcel 4 - Lots'29, 30 and 31 BEGINNING at 'a point on-th'e-westerly side of Cove Beach Drive adjoining Drainage Area A,�as';shown'on said-Map;!'`''" RUNNING thence from said point of beginning South 56 deg. 14 min. 44 sec. West along Drainage'Area A, as shown on said Map, 225.54 feet to a stake and land now or formerly Constance J. Terry RUNNING thence along land now or formerly Constance J. Terry, the following eight (8) courses and distances: { 1. North 24 deg. 12 min: 06 sec. West 176.10 feet, 2. North,24 deg. 38 min. 46 sec. West 113.47 feet, 3. North 23 deg. 32 min. 36 sec:West 110.05 feet, 4. North 25 deg. 39'min 46 sec. West I01.00 feet, 5. North 23 deg. 04 min`. 56`sec. West ,.88.65 feet, 6. North)26 deg. 2.1, min..26 sec. West 100.90 feet, 7. North 28 deg. 48 min. 16 sec. West 10..34 feet, 8. North.'33 deg. 26 min.'56 sec. West 68.56 feet to the northerly corner of December 30,, 1996 Page 4 land now or formerly Constance J. Terry;' RUNNING thence North 15 deg. 49 min. 14 sec. East 62.15 feet to Lot 28, as shown on said Map; RUNNING thence South 79 deg. '16 min. 30 sec. East along Lot 28, as shown on said Map, 321.32 feet to the westerly side of Cove Beach Drive; RUNNING thence plong the westerly side of Cove Beach Drive, the following two (2) courses and distahces: 1. On.a curve to the left having a radius of 595.00 feet for a distance of 461.90 feet, 2. South 33 deg. 45 min..16 sec. East 248.91 feet to Drainage Area A, as shown-on.said Map, and the point or place of beginning.. CONTAINING an area of 171623 square feet or 3.9399 acres. • SCHEDULE C December 30, 1996 Cove Beach Estates at East Marion, Town of Southold,.New York S.C.T.M. No.: 1000-22-3-15.1 & 1000-22=3-18.3 Surveyor's Description - Reduction in'Development Area 1996. ALL. that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at-East'Marion, Town of Southold, County of Suffolk and State of New,York, known and designated as Lots 15; 16, 17, 23, 24, 25, 29, $0, and 31 as shown,on Map of Cove Beach Estates, last dated December 6,, 1994 and prepared by Young,and Young Land,Surveyors, Riverhead, New York, more particylarly bounded and described as follows: Parcel 1 - Lots 15 and 1.6 BEGINNING at a point on the easterly side of Sunset Lane adjoining Lot 14,.`as shown on said Map;. RUNNING thence from said point of beginning South 77 deg. '05 min. 16 sec. East along Lot 14, as shown on said Map,` 267.62 feet to Open Space B, as shown-on said Map; RUNNING thence along Open Space.B, as shown on said:Map; the following three (3) courses and distances: 1. South 29f deg._54 min: 57'sec. West 238.16 feet, 2. South 48 deg. 44 min. 55 sec. West 209.66 feet, , 3. North 41 -deg. 43 min. 51 sec. West;240.00 feet to the.easterly side of Sunset 'Lane; RUNNING thence along the.easterly side of Sunset Lane, the following two (2) courses and distances: 1. North'56 deg. 14.min. 44:sec. East 44.51 feet, 2. On a curve to the left having a radius of 330.00 feet fora distance of 249.58 feet to Lot 14,�as shown on said Map, and the point or place of beginning. CONTAINING an area of 89160 square feet or.2-.0468 acres. i December 30, 1996 Page 2 ; Parcel 2 Lot 17 BEGINNING at a point'on the southeasterly side of Sunset Lane adjoining . Space B,'as shown on said Map; RUNNING thence from said point of beginning South 41 deg. 43 min. 51 sec. East along Open Space B, as shown on said Map, 266.50 feet to a monument and land now or formerly Joseph Frederick Gazza; RUNNING thence South 64 deg. 27 min. 26 sec. West along Lot 18, as shown on said Map, 237.67 feet to Cove Beach Drive; } RUNNING thence along Cove Beach Drive, the following three (3) courses and distances: 1,. On a curve to the left having a radius of 805.00 feet for a distance of 115.37 feet, . 2. North 33 deg. 45 min. 16 sec. West 75.00 feet, 3. On a curve to the right having a radius of 40.00 feet for a distance of 62.83 feet to the southerly side of Sunset Lane; RUNNING thence North'56 deg. 14 min. 44 sec. East along the southerly side of Sunset Lane 150.00 feet to Open Space B,,as shown on said Map, and-the. point or place of beginning. } CONTAINING. an area of 51286 square feet or 1.1773 acres. Parcel 3 -.Lots.23, 24, and 25 BEGINNING at a point on the easterly side of Cove Beach Drive adjoining Lot 26, as shown on said Map; RUNNING thence from said point of beginning along Lot 26, 27, and Drainage Area B, as shown on said Map; the following four (4) courses and distances: 1: South 89 deg.. 45 min. -16 sec: East 210.00 feet, , 2. South 14 deg. 45 min. 16 sec:'East 100.00 feet, 3. North,75 deg. 14 min. 4`4 secr East 100.00 feet, 4.. South 47 deg. 25 min. 09 sec: East 275.33 feet.to the northwesterly side of Sunset Lane; I 1 December 30, 1996 Page 3 RUNNING thence along the northwesterly side of Sunset Lane, the following three (3) courses and distances: 1. On a cur ve.to the right having a radius of 280.00 feet for a distance of 112'40 feet, 2. South 56 deg. 14 min. 44+sec. West 245.00 feet, i 3. On a curve to the right having.;a radius of 40.00 feet for distance of 62.83 feet-to the easterly,side.of Cove Beach Drive; RUNNING thence along the easterly side of Cove Beach Drive, the following two (2).courses and distances: 1. North 33 deg. 45 min. 16 sec. West 189.96 feet, 2. On a curve to the right having a radius of 545.00 feet for a,distance of 323.41 to Lot 26, 'as shown. on said Map, and the point or place of beginning. CONTAINING an area of 149542 square feet or,3.4330 acres. ' Parcel 4 - Lots 29, 30,'and 3'1 BEGINNING at�b point on the westerly side of Cove Beach Drive adjoining Drainage Area A; as�shown 'on said Map; RUNNING thence from said point of.b. inning 56 deg. 14 min. 44 sec. West along Drainage Area A, as shown on said Map, 225.54 feet to a stake and land now or formerly:Constance J. Terry;. RUNNING thence along-land now or formerly Constance J. Terry; the following eight (8) courses and distances: ' 1. . North 24. deg: 12 min. 06 sec. West 176.10 feet, 2. North 24 deg. 38.min. 46 sec. West 11.3.47 feet, 3. North 23 deg. '32 min. 36 sec: West 110.05 feet, 4. North 25 deg. 39 min. 46 sec.;West 101.00 feet, 5. North 23 deg.'04 min. '56 sec: West 88:65 feet, 6. North 26 deg. 21 min. 26 sec. West 100.90 feet, 7. North 28 deg. 48 min. 16 sec. West 101.3.4 feet, 8. North 33 ,deg: 26 min. 56 sec: West 68.56 feet to the northerly corner of 11808 PG 66 . December 30, 1996 Page 4 land now�or formerly Constance J. Terry; RUNNING thence North 15 deg. 49 min: 14 sec. East 62.15 feet to Lot 28, as shown on said Map; RUNNING'thence South 79 deg. 16 Imin. 30 sec. East along.Lot 28, as shown on said Map, 321.32 feet to the westerly side;of Cove.Beach Drive; RUNNING thencg along the westerly,side of Cove Beach Drive, the following two (2) courses and distances: 1. On'a.curve to the left having a radius of 595.00 feet,for a distance of 461.90'feet, 2. South 33 deg. 45 min. 16 sec. East 248.97 feet to Drainage Area A, as shown on said Map; and the point or,place of beginning. CONTAINING an area of 171623.square r 3.9399 acres. feet o `BOX SHRU 9 MUST DC TYP�,,u OR PRINTED iil BLACI{'INK ONLx i'R10R TO RECORDING OR rIGING. 1 SUFFOLK.COUNTY CLERK 2 3 LIP# _118S9K9"7.5 f�l rri Number of pales °'F1 J L54 o o - TORREN5 ;•b -r� �n ADC F: �:. Serial# o_r,�. . c-ri l �i;•:• � ;t . O Certificate# , -� Priirr Ctfff Deed/Mortgage Instrument Deed/Mortgage Tax Stamp17 Recording/Filing Stamps 4 FEES Page/Filing Fee Mortgage Amt. Ilandliiig 1. Basic Tax TP-584 2.SONYMA Notation Sub Total EA-5217(County) Sub Total '7 3.Spec:/Add. EA-5217 (State) TOT.MTG:TAX R.P.T.S.A. `,�� Dual Town Dual County • ; Held for Apportionment Comm.of Ed. 5__00_ M Transfer Tax Affidavit Mansion Tax Certified Copy . The property covered by this mortgage is or will be improved by a one or two Reg. Copy Sub Total -3 family dwelling only. �-7 YES or NO . Other GRAND TOTAL � / If NO,see appropriate tax clause on _...._..: page# of this instrument. _. k Real Property Tax Service Agency Verification »»G» Title Company Information Dist Section e Block_ © Lot rr DO .. 1000 022,00 03 00 1000 ' Company Name Title Number FEE PAID BY: Cash Check Charge Pe:conic Land Trust Incorporated Payer same asR&R_ P .O . Box 12088 Southampton; NY 11969 i OR: ' RECORD & RETURN TO ` Suffolk :County.Recording & Endorsement Page This page forms part of the attached Conservation Easement made by: (Deed, Mortgage; etc.) Raoul J'. Witteveen The premises herein is situated in SUFFOLK COUNTY,,NEW YORK. TO In the TOWN of Southold Peconic' Land Trust, Inc . In the VILLAGE or HAMLET of East Marion DEED OF CONSERVATION EASEMENT t THIS DEED OF CONSERVATION EASEMENT, is made.on the -,21 ay of December, 1997 at Southampton, New York. The parties.are.Raoul J. Witteveen, residing at 368 Daniels Lane, Sagaponack, New York 11962 (herein called the "Grantor".), and the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York Corporation, having a principal office.at 296. Hampton Road (P.O. Box 2088), Southampton, New York 11969 (herein called "Grantee"). INTRODUCTION WHEREAS, the Grantor is the owner in fee simple of approximately 98.38 acres of real property located in the Town of Southold; Suffolk.County, New.York, known as Final Plat of Map of Cove Beach Estates, dated November 27; 1996, hereinafter more fully described in Schedule A, attached hereto. and hereby made a part hereof, and hereinafter referred to as the "Property", further described as Suffolk County Tax Map Parcel Number'1000-22-3-15.1 and 18.3; and WHEREAS, the Property is located in the Low Density Residential R-80 Zoning District of the Town of Southold which designation, toLthei extent possible, is intended to prevent,the. unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in"the Town of Southold code, Section 100-30; and WHEREAS, the Property is currently restricted by a Conservation Easement held by Peconic Land Trust executed on December 23, 1995, and recorded in the.Suffolk County Clerk's Office on December 29, 1095 at Liber 11756.Pg. 282, and known as the 1995 Easement, which restricted the property from a yield of thirty four (34) single family residences to twenty six (26) single family residences; and WHEREAS, the 1995 Deed of Conservation Easement was amended on December 18th, 1996, which Amendment of Deed of Conservation'Easement was recorded on December 31, 1996 at the Suffolk County Clerk's Office, to further restrict the"Property to .seventeen,(17) single . . family residences with,appurtenant structures and improvemenfs, thereby creating an Open Area equal to 46.70 acres,'and a Development'Area equal to 51.68 acres; and WHEREAS, Grantor wishes to further restrict.the Property in consideration of the conservation values of the Property and as a''product of his own charitable intentions.by granting a Conservation Easement over the Property`thereby restricting the Development Area to no more than ten (10) single family residences,'with appurtenant structures and improvements, and thereby increasing the Open Area from.46.70 acres to 68.82 acres (as described in Schedule B attached hereto) and'to reduce the Development Area from 51..68 acres to 29.56 acres (as described in SchedulekC, attached hereto)-so that a substantial portion of the Property shall remain in its opent undeveloped'and scenic state, and to that end restates the restrictions.applicable to the entire parcel; and WHEREAS; the.'Property contains soils classified as Class I and Class 11 worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, it is the policy of the Town;of Southold, as articulated in.the Town's Master. Plan of 1973, amended in 1986 and 1989 as adopte&by'the Town Board', Town of Southold code, Section 272-a of the Towne Law, to protect environmentally,sensitive areas; preserve prime agricultural soils, to protect the.scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the,Property has approximately 650 feet of.frontage on Long Island Sound and approximately.450 feet of frontage, on Dam Pond that provides the public with significant scenic. vistas of contiguous woodland;,wetlands and shoreline;'and WHEREAS, the Property contains the,following rare species, classified as S-1 by the Natural Heritage Program: Angelica Lucida, Maritime Red Cedar Forest (remnant), Erchtites Megalocarpa (fire weed), Petentilla anserina,'sub species sb.'pacifica (silver weed) and Digitaria Filisormis species; and ,. 1 WHEREAS., the.Property in its present scenic, agricultural and'.open space condition has substantial and significant value• as an aesthetic and'agricultural resource by reason of the fact that it has not been subject to any extensive development; and WHEREAS, the Grantor and Grantee recognize the value and special character of the region in which the Property is located, .and the Grantor and.Grantee have, in common, the purpose and objective of'protecting and' conserving,the present state and inherent, tangible and intangible values of the Open Area as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, the Grantee has dete'rmined'it.to be desirable and beneficial and has requested the Grantor, for itself and its successors and assigns, to grant.a Conservation Easement to the Grantee in order to resfrict the further development of the,Property while, permitting compatible uses thereof; NOW,THEREFORE: 0.01 Grantor's Warranty Grantor warrants and represents to.the Grantee that Grantor is the owner of the Property described in SCHEDULE A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to' Grantor that Grantee is a qualified not-for-profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, and any amendatory or supplemental legislation;(herein called "the Code"), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and . preserving the unique environmental, agricultural, scenic and open space values of.'rural lands located in Suffolk County of'Long Island. 0.03 Purpose The parties.recognize the environmental, scenic, open space and agricultural values of the Open Area and have the common purpose of preserving these values. This Deed is intended to convey a Conservation Easement on the Property..by Grantor to Grantee, exclusively for the . purpose of preserving its,open'space character in perpetuity for environmental, scenic, agricultural and natural values, by preventing the use or development of the'Open Area for any. purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04. Government Recognition New York State has recognized the importance of. private efforts to preserve rural land. in a Scenic, natural and open condition through,conservation restrictions by' enactment of Environmental Conservation Law, Article 49-0301, et. seq. and General Municipal Law, Section 247. Similar recognition ,by the federal .government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement'on the Property, as determined by its Board of Directors, at a duly constituted meeting of that Board on November 13, 1995, and that the Property satisfies the criteria adopted by Grantee relating to'the quality and characteristics of open land that should be protected and maintained as open land. 0.06 Documentation The Grantee acknowledges by acceptance of this Easement that Grantor's historical and present uses of the Property are compatibie..with the purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition -of the Property at the time of the gift of this Easement. In order to_aid in identifying and documenting the present condition of the Property's natural, wildlife,�watershed, scenic, agricultural and aesthetic 2 resources and otherwise to aid in identifying and documenting the Property's open space values as.of the date hereof, to assist the Grantor.and Grantee with monitoring the development and use of the Property and ensuring compliance with the terms hereof,the Grantee 'has prepared, with the Grantor's full cooperation, an inventory, of the,Property's relevant features and conditions (the "Baseline.Documentation"). This Baseline Documentation includes, but need not be limited to: an aerial photograph, photographs of the Property, a topographical map, 'a description and site plan"of existing land uses, features, and 'structures, if any,.and an acknowledgment page. signed by the Grantor and the Grantee which verifies that the Baseline Documentation report "accurately represents the condition of the Property at the time of the easement. The Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's historical and present'uses of the Property or its physical condition as.of the date hereof,,the parties shall not be foreclosed from utilizing any other relevant or material documents; surveys, reports, photographs, or other evidence to assist in the resolution of the controversy. 0.07 Recitation In consideration of the previously recited facts, mutual promises, undertakings and forbearances contained in this Easement, the parties agree upon its;provisions, intending.to be bound by it. ARTICLE ONE THE'EASEMENT 1.01 Type This Deed conveys a Conservation Easement,(herein.called the "Easement"). This Easement shall consist of the covenants, restrictions,,.rights, terms; and conditions.recited in this Deed. Reference"to this "Easement" or its "provisions" in this Deed.shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in" perpetuity: 1.03 Effect The covenants, terms, conditions, restrictions and purposes of this Easement shall run with the Property as an incorporeal interest in the Property,"and shall'bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantor's agents; tenants, occupants, heirs, personal representatives; successors and assigns and all other individuals and entities. Any rights, obligations, and interests herein granted to Grantee shall also-be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee"'when used herein shall include all of those persons or entities. ARTICLE TWO GIFT . GRANTOR hereby,voluntarily grants, releases and conveys to Grantee, as an absolute gift, this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in. perpetuity, and undertakes to enforce it against Grantor and all future owners, tenants, occupants, assigns and possessors of said Property. 3 ARTICLE THREE , PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures. The construction or, placement of residential, commercial,' industrial or other buildings, structures, or improvements of any kind or nature.(including, but not limited. to mobile homes), permanent or temporary, on, over or under the Property except pursuant to Section' 4.05 and 4.06 hereof: Structures and improvements, including, but not limited to, driveways and agricultural structures as permitted in Sections 4.05 and 4.06 hereof, may not be made_on, over, or under the Property without the prior,writteri consent of the Grantee, which may be granted if the structure or improvement does not defeat,or derogate from the purposes of this Easement. 3.02 Excavation and Removal of Materials The excavating, mining or filling of the Property except.as may be necessary to develop ' and maintain the single-family residences and`appurtenant structures and improvements permitted in the Development Area and allowable non-residential improvements on the Property and to construct and,maintain the permitted structures and improvements in the Open Area with the prior written consent of the Grantee. The removal of topsoil, sand, or other, materials shall not take place on the Property nor shall.the topography of the Property be changed except to develop and, maintain the single-family residences land appurtenant structures and improvements permitted in the Development Area, to construct and maintain the permitted structures and improvements in-the Open Area`and for Our of erosion control and soil management. Any such activity shall requirei,the'written consent of the Grantee. 3.03 Subdivision The subdivision or partitioning of the Property without the priori written consent of the Grantee, which shall Abe granted if that subdivision or'partition does not defeat or derogate from the purposes of this Easement.. In no.event shall the Development Area be subdivided-into more than ten (10)' single-family residential lots as provided.in Section 4.06 hereof,`and none of. the 10 lots shall be further subdivided'in perpetuity unless the lot lines merge. Any changes in lot . lines subsequent to final subdivision approval must be authorized.by the Town of Southold Planning Board. 3.04 Dumping The dumping, or accumulation of unsightly'or offensive materials' including, but not limited to trash, garbage, sawdust, ashes or ch'emi cai waste on the Property. 3.05 Signs The display of signs,`billboards, or advertisements on :the Property.except signs, whose placement, number, and design do not significantly diminish the scenic character of the Property and only for,the following purposes:a)'to state the name of the Property and the names and addresses of the, occupants, b) temporarily'to advertise the Property or any portion thereof for sale or rent, c) to', post the Property to `control 'unauthorized entry or use, and'd) to announce the Grantee's'conservation easement.''' I 3.06 Clearing and Landscaping Activities Clearing or grading within the Open Area, except with the prior written consent of Grantee and as approved by the Town of Southold Planning Board and as necessary for existing easements of record, if any. Otherwise, the Open Area shall remain in a natural state,and maintenance of the natural vegetation. therein shall be the only`use or activity allowed, except as provided in Section 4.05. The removal of .trees, shrubs; or other vegetation from the Property,. except as provided in Sections 4.04 and 4.06. - I 3.07 Utilities j The creation or placement of overhead utility transmission. lines, utility poles, wires, pipes, wells or drainage and septic systems:.'on .the'Open Area without the prior written consent of the 'Grantee. Underground utilities must, to the extent,possible,:be constructed within 30 feet of the center line of roads,or driveways,-and,:may be used solely-to service the.permitted. structures. 3.08 Uses The use of the Property for any commercial-or industrial purpose except that agricultural uses expressly permitted in Section' 4.05 shall not be considered a commercial or industrial use. 3.09 Development Rights I The use of the acreage,of this Property burdened with this Easement for purposes of calculating lot.yield on any other property. Grantor `hereby grants to Grantee all residential development rights;, (and any further development rights that may .be created through a rezoning of the Property) on •the Property, and the parties agree that such rights shall be terminated and extinguished and may'not.be used; or transferred to'any other. parcels. ARTICLE FOUR'' .. GRANTOR'S RIGHTS 4.01 Ownership Subject to, this Easement; 'Grantor shall `retain'all'other customary rights of ownership in the Property, some 'of which' are more particularly'described in this ARTICLE FOUR.. 4.02 Possession j 'I 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;riot prohibited by this`Easement as well-as applicable local, New York State, and federal law which will not defeat or derogate from the purposes of this Easement. i I 4.04 Lan dscap!no*!Activities ' Grantor shall have the right to continue the historical. modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, dang' ously`decayed or damaged on the Property. Clearing, cutting and`grading within 5b feet-'of the top. edge of the bluff shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing, cutting and grading shall be subject to the prior written consent of Grantee ,and review by the Town of Southold Planning Board to insure proper maintenance and preservation of the natural buffer on Long Island Sound. 4.05 Agricultural 'Activities Grantor shall have 'the right to continue nor' 'restore the historical, locally typical and/or customary modes and levels` of farming, including pasturing, grazing, feeding and care of livestock and cultivation of'`crops, provided,that such agricultural activity shall be conducted in accordance.with the purposes of this Easement and provided that care shall be;.taken to preserve' and protect the rare species of plant life. No agricultural activity shall.be conducted within 100 feet of the rare,species so that agricultural use of the soil and the application of herbicides cannot affect the rare species. Normal agricultural fencing and accessory structures, as provided in 4.06.13, and as may be reasonably' necessary in connection with agricultural use and the maintenance on' the Property of horses, sheep; beef or dairy cattle, or similar domestic livestock, maybe constructed, maintained or replaced by Grantor with the prior written consent of the Grantee. 4.06 Structures A. Allowable Residential Improvements. Grantor shall have the, right to construct no more 'than'ten (TO) single-family residences with appurtenant structure's and improvements reasonably necessary to'serve such residences including, without limitation; driveways, garages,.storage sheds, septic systems and leaching pools, swimming pools, pool houses, tennis courts, or other family-scale athletic facilities. All such residences, structures.and improvements shall be' constructed, maintained and replaced within the Development Area as described in Schedule C except as provided in Section 3.01. Clearing and grading within each residential lot shall be limited to that necessary for siting, constructing, renovating, expanding, converting or replacing the residences and appurtenant structures and improvements with the intent of preserving as much of the natural vegetation on the site as possible and,minimizing storm water runoff and erosion. No storm water runoff resulting from the development, and improvement of the subdivision or any of its lots shall be discharged down the face:of'the`bluff. B. Allowable Non-Residential Improvements. Grantor shall have the right to.,erect and maintain the. following non-residential improvements in the.Open Area which are necessary to and consistent with the uses as permitted in Sections 4.05 and 4.06 hereof: ( 1 ) 'Agricultural Structures; :including but not limited to.barns and sheds as is ' necessary for the agricultural 'use of the Open Area, placed such that they do not detract from and adversely affect the scenic value of this. Easement; and (! I ) Underground facilities.normally used in connection with supplying utilities, removing sanitary seage.effluent, and controlling storm water runoff from the improvements permitted under the terms of.this paragraph B hereof. Any such underground utilities must, to the extent possible`, be constructed within 30 feet of the center,line of roads or'driveways; and; Maybe.used solely to service the permitted structures. No new, sanitary disposal facilities or structures, with the exception of that stated in Paragraph:(III) below, shall be constructed or otherwise located between the'high watermark and the one-hundred (100) foot setback from the top of the bluff;'and (i i i). Access Drives, to provide access to the improvements permitted by this paragraph 4.06 and any existing recorded rights-of-ways to adjacent properties. Access to the beach down the face of the bluff,shall be only by means of a suitable structure. The structure shall be designed and constructed in a manner that will ,result in the least threat to the:stability of the bluff and must be in accordance with all applicable 'permits; and (iv) Fences, placed such that they'do not detract from and adversely affect the scenic value of this Easement; and C' Replacement of Structures In-Kind,. In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvement impractical, erection of a structure of comparable'size, bulk, use, and general design to the damaged structure shall be per riiitted'within the same location subject to the review and written approval of Grantee: D. Environmental Sensitivity During and, After Construction. The use and location of such improvements shall be consistent with the conservation purposes intended herein, and constructed by methods which are.attentive to minimizing disturbances to the, environment, including. but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. . No storm water runoff resulting from:the development, and.improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. 6 4.07 Notice Grantor shall notify Grantee; in writing,-before taking,, any .action or before exercising any reserved right with respect to the Property which could adversely affect the conservation purposes which are the'subject of this Easement.' This includes the construction of any permanent or temporary structures as provided in Section 4.06 herein. Grantor shall provide Grantee with complete documentation including architectural plans of any proposed structures Which are subject to Grantees approval which shall not be unreasonably withheld. Such approval-, disapproval or comments of Grantee shall be given to Grantor within 45 days after all . necessary documentation and information is submitted to Grantee. 4.08 Alienability Grantor.shall have the right to convey all or any part of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee, of any conveyance of any interest in the Property, including the;full names and mailing addresses of all . Grantees, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement; and shall incorporate this Easement by reference, specifically setting forth the date,, office, liber and page of the recording hereof. .The failure of any, such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder: 'ARTICLE FIVE GRANTOR'S OBLIGATIONS .5.01 Taxes and Assessments Grantor 'shall continue to pay all taxes, levies, and assessments and other governmental or municipal- charges which may become 'a' lien 'on the Property, including any taxes or levies - imposed to make those payments. If Grantor fails to make'such payments, Grantee is authorized to make such payments'(but shall have no obligation to do.so) upon ten days prior written notice to Grantor, according to any,bill, statement or estimate procured from the:appropriate public office without inquiry into the accuracy thereof. That payment,.if made by Grantee, shall become a lien on the Property of the same.priority as the item if not paid would have. become, , and shall_bear interest until paid by Grantor at two percentage points over the prime rate of interest from time to time charged by Citibank, 'N.A: 5.02. Indemnification Grantor shall indemnify and hold.Grantee harmless from any charges',or liens imposed upon Grantee arising from the physical maintenance and upkeep of the Property or from any taxes, levies or assessments upon it or resulting' from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold 'Grantee harmless for any'liability, costs, attorneys' fees, judgments or expenses to Grantee or any of its officers, employees, agents or,independent contractors resulting: a) from injury to persons or damages to Property arising from any activity on the Property., except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and b) from actions or claims of any nature by. third. parties arising out of,the entering into or exercise of rights .under.this Easement, excepting any of those matters' arising solely from, the acts of Grantee, its officers, employees, agents, or independent contractors. 7 ARTICLE SIX . ,GRANTEE'S RIGHTS . 6.01 Entry.and Inspection Grantee shall ,have the right to enter,upon the Property.at reasonable times, upon reasonable prior,notice, to Grantor, and in a manner that will not interfere with.the Grantor's quiet use. and enjoyment of the.Property; ;for the purpose .of inspection to determine whether this.Easement and its purposes and.provisions-are'being".upheld. Grantee shall not have the right to enter upon the Property'for any other purpose, except as provided in Section 6.03,.nor.to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the .right to require. the Grantor to restore the Property to the condition required by this.Easement and..to enforce.this right by any action or proceeding that the Grantee may reasonably deem.necessary. However, it is understood and agreed by the : parties hereto that the Grantor shall not'be liable for any changes to the Property resulting from causes beyond the Grantor's control, including', without limitation, fire,, flood, storm, and earth-movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate, Therefore,',;in addition to, and not in limitation..'of, any other rights of Grantee hereunder at law or in equity; in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's,,part to' be observed or perfor tm o this Easement is not cured' by Grantor,within thirty (30) days notice thereof by Grantee (which notice requirement is 'expressly waivetl by Grantor with respect to any such breach, default or violation which,.in Grantee's reasonable-judgment, requires immediate action to preserve and protect any of the Open Space Values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and.at Grantee's election, (1) to institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) to enter upon the 'Property and exercise reasonable efforts to terminate or cure'such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto or on the date'hereof, or to suchcondition as is expressly permitted hereby or as may be pursuant to the terms hereof, as Grantee deems appropriate under the circumstances, or (iii) to seek or enforce such other legal and/or equitable relief or'rerr edies'as Grantee deems necessary or desirable to ensure.compliance with the terms,. conditions,covenants, obligations and purposes of this,Easement; provided, however, that any failure, delay.or election to so act by Grantee shall not be deemed to,be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or, violation or with respect-to any other breach, default or violation of any term;'condition, covenant or obligation 'under this Easement. Grantor shall' pay, either' directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "legal expenses") in connection with any'proceedings under this Section 7.03. . 6.04 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or 'relief, and.the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other,time. 6.05 Assignability ' Grantee shall have,the right to'assign any and all of its rights and 'responsibilities under this Easement, and any.and all of its rights, title and interest in and to this.Easement only to a qualified organization (herein called "the Assignee"). . As used herein: the term "qualified organization means a,not-for-profit corporation or governmental unit or agency which is qualified to receive such interests pursuant to,'Article 49 of'the New York Environmental Conservation Law, and is a qualified `organization within the meaning of Section 170(h)(3) of the Code. Any assignment by Granted or Grantee's successors must require the Assignee or . t :e Assignee's successors to carry out the purposes of this Easement. The Assignee and its successors and assigns shall have the same;right of assignment. 6.06 Succession If at any time Grantee.or any successor or assignee is unable to enforce this Easement . fully or fails to do so;'or if Grantee• or'any successor or assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section 170 (h)(3) thenthis Easement shall be vested in. such other qualified corporation, body or°:agency'as defined and upon the conditions contained in Section 6.05. as the'Grantee shall designate.'. If,.,-on the occurrence of any of these events, Grantee or any successor or assignee ,fails to assign all of its rights and responsibilities under this Easement and'all of its, rights, title and interest in and to this Easement to a qualified organization, then the ,rights and responsibilities under this Easement shall become vested in another qualified organization in accordance:with•a' cy pres proceeding brought in any court of competent jurisdiction. 6.07 Extinguishment This easement gives rise to a property:right and interest immediately vested in the Grantee. For purposes of.this Section 6':'07; thei fair market value�'of such right.and interest shall be equal to the difference, as of the"date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby (such difference; divided by the .fair'market value,of the Property unencumbered by this Easement, is hereinafter referred to as the "Proportionate Share"). .In the event a material unforeseeable change in the conditions surrounding the' Property makes• impossible its continued use for they purposes contemplated hereby, resulting in an extinguishment of this Easement or .any material term 'or provision hereof by a judicial proceeding; ' then upon a subsequent transfer of title to'the Property by sale, gift, devise, exchange,.taking by eminent domain or by purchase in lieu of a taking, Grantor shall"pay to,'Grantee an amount equal to the greater of (x) the consideration .paid by.Grantee to Grantor-for this Easement,or';(y) the Proportionate Share of the proceeds of's'uch transfer. If all or"any part of the Property'is taken under the power of eminent-domain by public, corporate, or other authority, 'or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise. . effectively'-to frustrate the purposes hereof, Grantor and Grantee shall ,join in appropriate proceedings at the time of such taking to recover the full value of the interests.in the Property subject to the taking and all incidental or'direct damages resulting from the taking. All.expenses reasonably incurred by the parties to this`Easement in connection with such taking shall be paid out of the recovered proceeds: Grantee shall be''entitled to.the Proportionate. Share of the remaining recovered proceeds.' The Grantee shall use such proceeds actually recovered by'it in a manner consistent'with'the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.07 shall be in addition to; and not in limitation of, any rights they may have by law with respect to a modification or termination''of this Easement by reason of changed conditions or the exercise of powers"of eminent domain as aforesaid. 6.08 No Public Access Nothing.contained in this Easement grants,: nor shall be interpreted to grant, to the public any right to enter.upon the Property. ; Accordingly, Grantee shall not invite the public to . enter upon the Property without the prior written consent of the Grantor. ARTICLE SEVEN MISCELLANEOUS, 7.01 Entire.Understanding This Easement;contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and;superseded by it.:, '9 7.02 Amendment ; This Easement is made with the intention thavit shall qualify 'as a Conservation Easement in perpetuity under I.R.C. Section'170. (h). The parties agree to amend the provisions of this Easement in such,manner as may be indicated by3 the Internal.Revenue Service, as a result of final determination after audit of the federal income tax return of 'the Grantor, to entitle the Grantor to the charitable deduction described:in I.R.C. Section 170'(h). Any such amendment shall apply retroactively.in.the same manner as'if such amendment or amendments had been set forth herein. This Easement can be terminated,or modified only in accordance with the common and statutory.law of the State of -New York applicable to the termination and modification of easements and covenants running with, the'land.''Grantor and Grantee recognize.that circumstances could arise which would justify the modification of certain of the restrictions contained in this, Easement. To this end, Grantee and.Grantor shall mutually have the right, in their sole discretion, to agree to amendments"to"this Easement which are not inconsistent with the basic purposes of this Easement set forth in the Introduction hereof; provided; however,.that Grantee shall have no right, or-power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid Conservation Easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, any regulation issued pursuant,thereto, or Section 170(h) of the Internal Revenue Code governing "'Qualified' Conservation'Contributions." The parties acknowledge that th.e boundaries of the'Open Area,'and the Development Area may have to be adjusted as provided herein, and,the parties agree'to cooperate in such boundary. line adjustments as may be necessary, provided said adjustments would not result in'diminution of the Open Area or an increase in the number of lots or primary structures to be developed by the Grantor. 7.03 Severability Any provision. of this. Easement, restricting Grantor's activities, which is determined to- be invalid or unenforceable by a court, shall not be invalidated. Instead, that. provision shall be reduced or limited to whatever extent that.court'determines. will make it.enforceable and effective. Any.other provision of this Easement which is determined'!to be,invalid or unenforceable by a court'shall'be severed 'from .the other''provisions, which shall remain enforceable and effective. 7.04 Notice All notices ,required by,this Easement must be written. Notices shall be given either by manual delivery or by mailing in"a mail receptacle ,maintained by the United States Postal Service. Mailed notice must'be contained in an,accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and'with return receipt requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7:04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of:the President, or to such other address as. Grantee may designate by notice in accordance with this Section 7.04. Notice shall.be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York law applicable to deeds and 'conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation' and performance.` 7.06 Interpretation. Regardless:of any contrary rule of construction, no'provision of this Easement shall be construed in favor of,one of the parties because it was drafted by the,other party's attorney. No alleged ambiguity in this Easement shall be'construed against the party whose attorney drafted it. If any provision of this Easement is.ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation :as would render it valid and be consistent with the purposes of this Easement as intended by Grantor. Any rule,of strict construction designed to limit the breadth of 10 the restrictions on use of the Property shall% not apply in the construction or interpretation of this Easement; and,`this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by Grantor. Theparties intend that this Easement„which is by nature and character primarily negative in that Grantor-has restricted and limited his right to use'the Property, except as otherwise recited herein; be construed at all times,and by all effectuate its purposes. parties to 7.07 Warranties The warranties and representa#ion made by the parties in this Easement shall survive its execution. ZaL Recording Grantee shall record this Easement in the land records of the office of the Clerk'of the County of Suffolk, State of New York. 7.09 Headings The headings, titles and subtitles herein have beer' inserted solely for convenient reference, and 'shalC be' ignored in its construction. i 11 IN WITNESS WHEREOF, Grantor has-executed and delivered and Grantee has accepted and received this Deed of Conservation Easement on the day and year set forth above. i ACKNOWLEDGEQ AND ACCEPTED: BY)a*oull Witteveen (Grantor) ACKNOWLEDGED AND ACCEPTED: PECONIC LANb TRYST,(Grantee) Ti�c�o�m�F•c BY: oh vA, Halsey Its President STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: . On.this day of December, 1'997, before me personally appeared Raoul J. Witteveen who, being by me duly,sworn, said that he resides at 366 Daniels Lane, Sagaponack, New York, 11962, the Grantor mentioned and described in, and who executed the foregoing instrument, and he duly acknowledged tome that he executed the same . 4tary Public Julie G. Tiska No. 01T15064466 Notary Public State of New York STATE OF NEW YORK ) Qualified in Suffolk County COUNTY OF SUFFOLK ) SS.: Commission Expires On this a`ij' day of December, 1997, before me personally appeared JOHN v.H. HALSEY, who, being by me duly sworn, said that, he resides at 469 Majors Path, Town of Southampton, New York, that he is President of PECONIC LAND TRUST; INCORPORATED,.the Grantee mentioned`and described in and which acknowledged and accepted all of the rights and responsibilities.'under'.the foregoing instrument and this.Easement conveyed therein; and that he signed his namethereto'by authority of th'e Board of Directors of the said'Corporation. +Ntaryy Public Julle G. Tiska No: 01T15064466 t Notary Public State of New York Qualified in Suffolk County Commission Expires SCHEDULE A:. Metes and Bounds Description of the Property. SCHEDULE B: Metes and Bounds Description of the Open Area. SCHEDULE C: Metes and Bounds Description of the Development Area. 1'2 .' . . • "Ali SCHEDULE November 27, 1996 Cove Beach Estates at East Marion, Town of Southold, New York S.C.T.M. No.: 1000-22=3-15.1 & ;1000-22-3-18:3 Surveyor'sDescription;- Entire Parcel ' ALL that certain plot,.piece, or parcel of land, with the,buildings and improvements thereon erected, situate; lying'and being at East Marion,-Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the.northerly side of Main Road at the southeasterly corner of land now or formerly Frank R. Russel and Others, said point being situate 1776 feet easterly as measured along the northerly side of Main Road from the intersection of the northerly side of Main Road and the easterly side of Stars Road: RUNNING thence from.said point of beginning along,land now or formerly Frank.R. Russel and Others the following four (4) courses and distances: 1. North 23 deg. 22 min. 16 sec. West 211.37 feet, 2. South 60 deg: 31 min.,44 sec. West 27.55 feet, 3. North 25 deg. 15 min. 46 sec. West .402.42 feet, 4. South',72 deg. 32 min.,04'sec. West 52.24 feet to.land now or formerly Ronald Edeen, Jr. and;Barbara Edeen; RUNNING thence along land now or formerly Ronald Edeen, Jr. and Barbara Edeen the following two (2) courses and distances: 1, South 77 deg. 58 min. 14 sec. WestA55.85 feet, 2. South 74 deg. 31 min. 54 sec: West 59.26 feet to land now or formerly Frank E. Begora, Jr. and Iris R. Begora; RUNNING thence along land now or formerly Frank E. Begora, Jr. and Iris R. Begora the following two (2) course's and distances: 1. South 78 deg. 29 min. 54 sec. West 295.42 feet, 2. South 27 deg. 28 mina 06 sec. East' 11.58 feet to land now or formerly Myron;B. Brown; RUNNING thence South 76 deg.:28 min 04 sec. West along land now or formerly Myron B. Brown 180'.74'feet to,.land now or formerly.John Psaroudakis and Luz Psaroudakis; RUNNING thence North 24 deg. 08 min. 36 sec. West along land now or formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E. Cook 932.76 feet to a point; RUNNING thence South 65 deg. 51 min. 24 sec. West still along land now or formerly Dorothy E. Cook 1'37.75 feet to the easterly side of a certain 16 foot wide right-of-way through land now or-formerly Dorothy E. Cook; RUNNING thence along the easterly.sid`e of said right-of-way the following two (2) courses and distances: 1. North 24 deg. 41 min. 56 sec. West 529.80 feet, Page 1 2. North 23 deg. 47 min. 1,6 sec. West 269.74`feet to a point; RUNNING thence still along land now.or formerly Dorothy E. Cook the following three (3) courses and distances: 1. North 65,deg.. 51 min. 34 sec. East..1,41.21 feet, 2. North 24 deg. 08 min. 36 sec. West 206.00 feet, 3. North 25 deg. 26 min. 56 sec. West 31.1.78 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING Oence along land,now or formerly Otto Uhl, Jr. et al.' North 61 deg. 16 min. 04 sec. East 156.76 feet to land,now or formerly Constance J. Terry; RUNNING thence along land now or formerly Constance J. Terry the following ten (10) courses and distances' 1. South 25 deg. 31 min. 36 sec. East 836.45 feet, 2. North 65 deg. 47 mina 54 sec.' East 28-8.0.0 feet, 3. North 24 deg. 12 min. 06 sec: West 176.10 feet, 4. North 24 deg. 38 min. 46 sec. West .113.47 feet, 5. North 23 deg. 32 min. 361 sec. West 110.05 feet, 6. North 25 deg: 39 min. 46 sec. West 101.00 feet, 7. North 23 deg. 04 min. 56 sec. West 88.65 feet; 8. North 26 deg. 21 min. 26 sec. West 100.90 feet, 9. North 28 deg. 48 min. 16,sec..West 101.34 feet, 10. North 33 deg. 26 min. 56 sec..West 68.56 feet to land now or formerly Otto Uhl, Jr. et al.`; RUNNING thence along land now-or formerly Otto Uhl, Jr. et al. the following four.(4) courses-and distances: 1. North 61, deg. 22 min: 14 sec., East 97.62 feet, 2. North 24 deg'. 21 min. 26 sec. West 833.61 feet, 3. North 45 deg,. 03 min. 26'sec..West 67.42 feet, 4. North'02 deg. 48 min. 04 sec. East 527.67 feet to the approximate highwater mark of Long lsland Sound; RUNNING thence along the approximate highwater mark of Long Island Sound . the following fifteen (15)'tie line courses'and distances: 1. South 83 deg. 14 min. 46 sec. East 28:26 feet, 2. South 62 deg- 51 min. 09, sec. East 201.85 feet, 3. South 13 deg. 33 min. 58 sec. East . 39.20 feet, 4.. South 41 deg. 24 min. 15 sec. East 85.68 feet, 5. South 35,.deg: 1.7 min. 27. sec. East 447.02 feet, 6. South 54. deg. 42 min. 50,sec.�EaSC 142'.20 feet, 7. 'South 61 deg. 51 min. 04 sec. East 142.78 feet, 8. South 67 deg.' 52.min. 44,se.c. East 1,67.49. feet, 9. South 73 deg. 20 min. 32 sec. East 501.35 feet,, 10. South 70 deg. 23 min. 39 sec. East 215.43 feet, 11. South 73 deg. 28 min. 00 sec. East 227.73 feet, 12. South 71 deg. 06 min. 21, sec. East 210;19 feet, 13. . South 82 deg. 49 min..39 sec.;East 69.50 feet,'. 14. South 76 deg. 56 min. 14.sec. East 108.12 feet, 15. South 81.'deg. 51 min.. 42 sec. East 321.20 feet to land now or formerly Robert W. Gillespie, Jr. and David.Gillespie; RUNNING thence along land;now or formerly Robert W. Gillespie, Jr. and 'David Gillespie South, 06 deg. 24 min'. 34 sec.'West 198.78 feet to the approximate Page 2 highwater mark of Dam Pond; RUNNING thence along the :approximate highwater mark of Dam Pond the following.th'irty-three (33.) tia line courses and.distances: 1. South 89 deg. 19 min. 53 sec. West 73.94 feet, 2. North 75 deg.. 37 min.. 52'sec. West '48.78 feet, 3. North 87 deg. 59 min. 45 sec. West 58.54 feet, 4. North 89 deg. 33 min. 38.sec. West ° 37.38 feet, 5. North,63 deg. 46 min. 47 sec. West 46:02 feet, 6. North 85 deg. 42 min. 49 sec. West . 63.84 feet; .7. North 66 deg. 04 min. 49 sec. West 28.08 feet, 8. South 33.deg. ;57 min. 52 sec. East 180.87 feet, 9. South 18 deg. 42 min. 02 sec. East 110.06 feet, 10. North 89 deg. 10 min. 25 sec. East 85.79 feet, 11. South 38,deg. 23 min..13 sec. East 81.33 feet, 12. South 24 deg. 16 min. 05 sec. East 73.11 feet, 13. South 51 deg. 10 min. 48 sec.'West 49.25 feet, 14. South 32 deg. 39 min. 33 se' c:,East 58.55 feet, 15. South 28 deg. 04 min. 43 sec..,West 53.12 feet, 16: South 82 deg. 54 min. 2T sec. West .46.53'feet, 17. North 77 deg. 57 min. 36 sec. West 146.19 feet,. 18. South 63 deg. 05'min. 1,0;sec. West 64.68 feet, 19. . South 04 deg. 56 min. 12 sec. West 73.36 feet, 20. South 23 deg.'18 min. 55 sec. .East 58.90 feet, 21. South 55;deg. 48 min. 53 sec: East 32.68 feet, 22. North 86,deg. 4.8 min; 55 sec., East 82.98 feet, 23. South 75 deg. 54 min. 56 sec. East 68.05 feet, 24. North 55,deg. 39 min,. 06 sec. East 61.71 feet, 25. North,14 deg. 48 min. 34 sec. East '92.74'feet, 26. North 53 deg.'31 min. 16 sec, East 24.33 feet, 27. South 07 deg. 39 min. 07 sec. East 31.57.feet;, 28. South 11 deg. 06 min. 27 sec. West 49.5.3 feet, 29. South 19 deg. 55 min. 03,sec., East 106.82 feet., 30. South 56 deg. 03 min. 02 sec. West' 48.86 feet, 31, South 77 deg. ,01 min. 56,sec. West 61.30 feet, 32. South 79 deg. 24 min. 50. sec:. West 79.63 feet, 33. South 16 deg. 48 min. 29:sec.; West 20.47 feet to land now or formerly Joseph Frederick Gazza'; RUNNING thence along land,now orformerly Joseph Frederick Gazza along land now or formerly Bernice, Lettieri, along other funds now'or formerly Joseph Frederick Gazza, and along land now;or formerly Andrew Lettieri the following thirteen (18) courses and distances: 1. North 87 deg. 08 min. 46. sec. West 103.77 feet; 2. North 00,1deg. 35 min: 14 sec. East 9.00 feet, 3. North 89 deg. 05 min. 36 sec. West 450.01 feet, 4. South 89 deg. 43 min. 34 sec. West 520.88 feet, 5. South 25 deg. 30 min. 06 sec. East 608.15 feet, 6. North 81, deg. 12 min: 1.6,`.sec. West 312.90 feet, 7. South02. deg. 12 min:.06-sec. East 144.10 feet, . 8. South 27 deg. 10 min. 36 sec. East 71.14 feet, 9. South 27'deg. 49 min.: 46,sec.. East , 1.11.96 feet, 10. South 25 deg. 15 min. 36 sec. East 598.78 feet, 11. South,26 deg. 45 min. 36 sec. East 387.32 feet, 12. North 63.deg. 01 min: 44, sec. East 23.10 feet, 13. South 25,deg. 30 mini 16.':sec. East 242.90 feet to the northerly side of Main Road; Page 3 RUNNING thence along the northerly side of Main Road South 83 deg. 03.min. .14 sec. West 86.62 feet to the point.or place of BEGINNING. CONTAINING'an area of 98.3783 Acres. SUBJECT to all'rights of way;;�,easements and or covenants of record, if any. 1. I Page 4 SCHEDULE "B" November 26, 1996 Cove Beach,Estates at East Marion, Town of Southold, New York S.C.T.M. No.: 1000-22-3-15.1.& 1000-22-3-18.3 Surveyor's Description ' Open 8pa6e Area ALL that certain plot, piece, or parcel of land,.with the buildings and improvements thereon erected, situate,.lying and being at East Marion, Town of Southold, County of Suffolk and State of.New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road at the southeasterly corner of land now or formerly Frank R. Russel and Others, said point being situate 1776 feet easterly as measured along the northerly side of Main Road from the intersection of the northerly side of Main Road and the easterly side of Stars Road: RUNNING thence from said point of beginning along land now or formerly Frank R. Russel and Others the following four (4) courses and distances: .1. North.23 deg. 22 min. 16 sec.-West 211.37 feet, 2. South 60 deg. 31 min. 44 sec. West 27.55 feet, 3. North 26 deg. 15 min: 16 sec. Wbst 402:42 feet, 4. South 72 deg. 32 min. 04 sec..-West 52.24 feet to land now or formerly Ronald Edeen, Jr. and Barbara Edeen; RUNNING thence along land now or formerly Ronald Edeen, Jr. and Barbara Edeen the following two (2) courses and distances: 1. South 77 deg. 58 min. 14 sec: West 155.85 feet; 2. South 74 deg. 31 min. 54 sec. West 59.26 feet to land now or formerly Frank E. Begora, Jr. and Iris R. Begora; RUNNING thence along land now or formerly Frank E. Begora, Jr. and Iris R. Begora the following two (2) courses and distances: 1. South 78 'deg. 29 min.. 54 sec..West 295.42 feet, 2. South 27 deg. 28 mina 06 see.,East 11.58 feet to land now or formerly Myron B. Brown;' RUNNING thence South'76.deg. 28 mina 04 sec. West along land now or formerly Myron B. Brown 180.74 feet to land now or formerly John Psaroudakis and Luz Psaroudakis; RUNNING thence North 24 deg. 08 min. 36 sec. West along land now or formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E. Cook 032.76 feet to a point; RUNNING thence South 65.deg. 51 min. 24 sec. West still along land now or formerly Dorothy E. Cook -137.75 feeti to the easterly side of a certain 16 foot wide right-of-way through land now or formerly Dorothy E. Cook; RUNNING thence along the easterly side of said right-of-way the following two.(2) courses and distances: 1. North 24 deg. 41 min. 56 sec. West 529.80 feet, Page 1 2. North 23 deg.-47 min: 16 sec:-West 269.74 feet to a point; RUNNING thence still along land now or formerly Dorothy E. Cook the following three (3);courses and distances: 1.. North 65 deg. 61 min. 34 sec. East .141.21 feet, 2. North 24 deg. 08 min. 36 sec..West. 206.00 feet, 3. North 25 deg. 26 min. 56 sec. West 311.78 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thence North 61 'deg. 16 min. 04 sec. East along land now or . formerly Otto Uhl, Jr. et al to land now or formerly Constance J: Terry; RUNNING thence along land now or formerly Constance J. Terry the following ten (10) courses and distances: 1. South 25-deg. 31 min. 36 sec: East 836.45 feet, 2. North 65:deg. 47 min. 54. sec.-East 268.00 feet, 3. North 24 deg. 12 min. 06 sec.' 'West 176.10 feet, 4. North 24 deg. 38 min.,46,sec..West 113.47 feet, 5. North 23 deg. 32 min. 36,'sec. West 1.10.05 feet, 6. .North 25 deg. 39.min. 46 sec. West 101:00..feet, 7. North 23 deg. 04 min. 56'-,sec. West 88.65 feet, 8. North 26 deg. 21. min. .26,sec.. West 1.00:90 feet, 9. North,28 deg. 48 min. 16 sec. West 101.34 feet, . 10: North 33 deg. 26 min. 561sec. West 68.56 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thenc North 61 deg..22.min. 14. sec. ,East along land now or formerly Otto Uhl, Jr. et al 97.62 feet to the southeasterly corner of land now or formerly Otto Uhl,.Jr., et.al; RUNNING thence through land of'the party of the first part the following ten (10) courses and distances: 1. :South 84 deg. 52 min. 22"sec: East 164.13 feet, 2. on a curve to the right.having a;radius of 60.00,feet a distance of 203.36 feet, 3. on a curve to the left having a radius of 40.00 feet a distance of 34:00 feet, 4. on a curve to the left having a radius of;900.00 feet a distance.of 209.64 feet, 5. .on a curve to the.right having,a radius of 2250.00 feet a distance of 263.01 feet; 6. South 66 deg., 01 min. 44 sec. East.183.36 feet; 7. "on .a curve to the right having, a-radius of 170.11 feet a distance of 187.23 . . feet, 8. North 44 deg..01 min. 27-sec. East 404:16 feet, 9. South 71 deg. 27. min. 16 sec. East 110.00 feet, 10. North 18 deg. 32 min. 44 sec'. East 428.72 feet to the approximate highwater mark of Long Island' Sound; RUNNING thence along the approximate highwater-mark of Long Island Sound the following four (4) tie line courses and distances: 1. South 71 deg. 06 min. 21 sec. East 210.19 feet, 2. South 82 deg. 49 min. 39 sec: East 69.50 feet, ' 3. South 76 deg. 56 min. 14 sec. East. 108.12.feet, 4: South 81 deg: 51.min. 42 sec. East 321.20 feet to land now or formerly' . Robert W..Gillespie, Jr. and David,Gillespie; Page 2 RUNNING thence along land now or formerly Robert W. Gillespie, Jr. and David Gillespie South 06 deg:­24=min.`34 sec. West-198.78 feet to,the approximate highwater mark of Dam Pond; RUNNI.NG,thence along.jhe:,approximat&highwater.mark of Dam Pond the following thirty-three, (33) tie line courses.and distances:.. 1. South 89 deg: 19 min::'53,sec. West 73.94 feet, 2. North 75 deg. 37 min. 52 sec. West 48.78 feet, 3. North 87 deg. 59 min.`45 sec. West 58.54feet, 4. North 89 deg. 33,min:,'38,se'c. West 37.38 feet, 5. North 63 deg: 46 min. 47 sec. West 46.02 feet, 6. North 85 deg: 42 min. 49 sec. West 63.84,feet,. 7. North 66 deg. 04 min. 49 sec. West 28.08 feet, 8. South 33 deg. 57 min., 52 sec. East 180.87 feet, 9. South 18 deg: 42 min..02 sec: East 1100.06 feet, 10. North 89 deg. 10 min. 25 sec. East 85.79 feet, 1.1. South 38;deg. 23.min 13 sec: East;81.33 feet, 12. South 24 deg: 16 min:;05 sec. East.73.11 feet, 13., South 51 deg. 10 min::48 sec. West 49.25 feet, 14. South 32 deg. 39 min.:33 sec. East:58.55 feet, 15. South 28 .deg. 04 min:;43.sec, West,53.12 feet, 16. South 82 deg. 54.min:'-21 sec. West 46.53 feet, 17. North 77.deg: 57 min. 36 sec. West 146.19 feet, 18. South 63 'deg. 05 min.;10 sec. West 64.68 feet, 19. South 04 deg. 56 min. 12 sec. West 73.36'feet, 20. South 23 deg. 18 min:,55 :sec. East;58.-90 feet, 21. South 55 deg. 48 min. 53 sec. East,32.68 feet, 22. North 8&deg. 48 min. 5;5 sec,: East .82.98 feet; 23. South 75 deg. 54 min.'56 sec'. East 6.8.05 feet, 24. North 55,deg. 39 min. 06:sec. East 61.71 feet, 25. North,14 deg; 48 min. 34 sec.,' East 92.74 feet, 26. North 53 deg; 31 min.A6.se'c, .East 24.33:feet, 27. South 07 deg. 39 min: 07 sec. East 31.57 feet, 28. South 1 T deg. 06 min.,27 sec. West 49.53 feet, 29. South 1 R deg!.55:min..03 sec.:East 1.06.82 feet, 30. South 56 deg:.03 min. 02 sec: West,48.86 feet, . 31. South 77.degi 01 min. 56 sec. West 61.30 feet; 32. South 79;degi 24 mjn.,5.0 sec. West,79.63 feet, 33. So.uth 16,deg,.48 min. 29 sec;'West 20.47 feet to land now or formerly Joseph Frederick Gazza; RUNNING thence;along land now or, formerly Joseph Frederick Gazza , along land now orrformerly,Bernice Lettieri, along other lands now or formerly Joseph Frederick Gazza, and along land now,or.formerly Andrew Lettieri the following thirteen (13) courses and distances: 1: North 87 deg: 08 min. 46 sec. West 103.77;feet, 2. North 00 deg. 35 min. 1.4 sec:,East 9.00.feet, 3. North 89, deg. 05 min. 36 sec: West 450.01 feet, . 4. South 89Aeg: 43 min. 34;sec. West 520:88,feet, 5. South 25 deg:, 30 min. 06 s.ec 'East 608.15 feet, 6. North 81 deg,'I12 min. 16 sec;West 312.90 feet, 7. South 32 deg.; 12 min. 06 sec. East.144.10 feet, 8. South 27 deg,10 mi,n. 36 sec. East,71.14 feet, 9. South 27.deg:,,49 min. 46 sec: East 111.96 feet, 10. South 25 deg.; 15 min. 36 sec: East 598.78 feet- 11. South 26 deg.,45 min. 36 sec. 'East 387.32 feet; 12. North 63 deg.. 01 min. 44 sec. East 23.10.feet,, 13. South 25 deg. 30 min. 16 sec: East 242.90 feet to the northerly side of Main Road;, Page 3 RUNNING thence along the northerly side of Main Road South .83 deg. 03 min. 14 sec. West86.62 feet to the point or place of BEGINNING. CONTAINING'an area of 68:8177 Acres: SUBJECT to; all rights of way; easements and or covenants of record, if any. Page 4 U SCHEDULE -uCu . .. November 26, 1996 Cove Beach Estates. ..at East Marion, Town.of Southold, New York S.C.T.M. No:: 1,00.0-22-3-15.1 & 1000-22-3748.3 Surveyor's Description - Development Area ALL that certain plot, piece, or parcel of land, with the buildings.and improvements thereon erected, situate,' lying and being at East Marion; Town of Southold, County of Suffolk and State of New York, bounded and described as follows:. BEGINNING at a point marking the southeasterly corner of land now or formerly Otto Uhl, Jr. et al; RUNNING thence from said point of beginning along land.now or formerly Otto Uhl, Jr. .et al. the following three (3) courses and distances: 1. North 24 deg. 21 min. 26 sec. West 833..81 feet; 2. North 45-deg., 03 min. 26 sec. West 67.42 feet, 3. - North 02 deg. 48.min. 04 sec.=East 527.67 feet to the approximate highwater mark of Long Island Sound; RUNNING thence along the.approximate highwater mark of Long Island Sound_ the following twelve (12) tie line courses and.distances: 1. South 83 deg. 14;min. 46 sea East 26126 feet, 2. South 62 deg. 51.min. 09 sec. East 201.85 feet, 3. South 13 deg. 33 min. 58 sec. East 39.20 feet,_ 4. South 41 deg. 24,min. 15'sec. East 85.68 feet, 5. South 35 deg. 17 min. 27 sec. East 447.02 feet, 6. South 54 deg. 42 min. 50 sec. East 142.20 feet, 7. South 61 deg. 51,,min. 04 sec: East `142.78 feet, 8. South 67 deg. 52 min. 44 sec. East , 167.4.9 feet, , 9. South 73 deg. 20 min. 32 sec.-East 501.$5 feet, 10. South 70 deg. 23 min. 39 sec. East 215.4.3 feet, 11. South 73 deg. 28 min. 00 sec. East ,227.73' feet, 12. South 71 deg. 06 min. 21 sec. East 61.36 feet to a point; RUNNING thenceAhrough land of the party'of the first part the following ten (10) courses and distances: 1. South 18 deg. 32 min. 44 sec. West 428:72 feet, 2.. North 71 deg.-27 min. 16 sec. West 110.00 feet, 3. South 44 deg. 01 min. 27 sec. West 404.16 feet, 4. on a curve to the left having a radius of 170.11 feet a distance of 187.23 feet, 5. North 66 deg. 01 min. 44 sec. West,183.36. feet, 6, on a curve to the left having.a radius of 2250.00 feet a distance of 263.01 feet, 7. on a curve to the right having a radius of 900.00,feet a distance of 209.64 feet, 8. on a curve to the right having a.radius of 40.00 feet a distance of 34.00 feet, 9. on a curve to,the left having a radius of 60.00 feet a distance of 203.36 feet, 10. North 84 deg;.52 min. 22 sec: West 164.13 feet to southeasterly corner of land now or formerly Otto Uhl, Jr:,, et al and the point or place of beginning. rV CONTAINING and areaiof 29.5606 aces. BOYS)' 5ri'HRU 9 MUST BE T1PE1,-.:,R PRINTED IN BLACK INK ONLI..rXIOR TO RECORDING OR FILING. 1 SUFFOLI�Coo-iTY CLERK 2 G8�,�� �,�.., f tip } a Grj r'7 .a Number of pages .._ aF � � ' TORRENs Serial#/ rxi d"a Certificate# Ln Prior Ctf# .'' +� Deed/Mortgage Instrument. Deed/Mortgage Tax Stamp. Recording/Filing Stamps FEES Page L Filing Fee f Mortgage Amt. Handling (.: 1:Bas►c Tax. . ' TP=584 2.SONYMA Notation Sub Total: .EA-5217(County) Sub Total _. 3.Spec./Ail-d. EA-5217(Blatt) TOT.MTG.TAX j. CCU, R.['.'IC.5.A. Dual Town Dual County .Held for Apportionment Comm.of Ed. 5--00— Transfer Tax Affidavit S qND HAD ' Mansion Tax Certified Copy The property covered by this mortgage is or will be improved by;a one or two Reg. Copy Copy _ Sub Total family dwelling only. YES or NO,,-- Other GRAND TOTAL: '. r, If NO,see.appropriate tax clause on page# of this instrument. Real Property Tax Service Agency Verification `' ►> Title Company Information n 4:r '. Dist Section Block Lot 1000 22 3 18. 003 . 1010.0 0 2 2 3 . 15 : 0 0.1 Company Naive to Title Number FEE PAID BY: Cash Check `Charge t' i::CHARI.ES• .R.. CUDDY ESQ.. ;rTO Box. 1547' Payer same as!R&R_ 445 Griffin'g Avenue R'iver:head , NY 11901 OR: S` RECORD & RETURN TO Suffolk County Retarding & Endorsement Page This page forms part of the attached, DEED O F `C O N S E.R V A T I O'N . E AS E M E N Tmade by: (Deed, Mortgage, etc.) The premises herein is situated in, SUFFOLK COUNTY,NEW YORK. RAOUL J . WITTEVEEN TO In the TOWN of S O U T H O L D . PFrnNTG, i gin TRUST In the VILLAGE EAST or HAMLET of DEED OF CONSERVATION EASEMENT THIS DEED OF,CONSERVATION EASEMENT; is made on the iz3 day of December, 1995 at Southampton, New York. The parties are Raoul J. Witteveen, residing at 368 Daniels Lane,. Sagaponack, New.York 11962 (herein called the "Grantor"), and the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York Corporation,. having .a principal office at 296 Hampton Road (P.O. Box 2088), Southampton,.New York`:11969 (herein called "Grantee"). INTRODUCTION WHEREAS, the Grantor is the owner in fee'simple of approximately 98.38 acres real property located 'in the Town of Southold;,Suffolk County, New York, hereinafter more fully described in Schedule A'attached hereto, further described as part of Suffolk County Tax Map Parcel Numbers 1000-22-3-15.1 and 18.3, and hereinafter referred to as the "Property";' and WHEREAS, the Property has.conditional final approval from the Town of Southold for a yield of thirty-four (34) single-family residences as shown on a map prepared by Young & Young Surveyors and dated 6/27/90 and revised! on 6/23/94; and WHEREAS; the Property is located in the R=80 Zone which is included in the Agricultural Conservation District of the Town of Southold".which designation;,to the extent possible,.is intended to prevent the unnecessary loss of.those currently open lands which contain prime agricultural soils as outlined in'they Town of Southold code, Section 106-30; and WHEREAS, the Grantor wishes to grant'a Conservation Easement on the 98.38-acre parcel of Property so,.that a substantial portion of the, Property shall remain in. its open, undeveloped, and scenic state, as shown on,the Conservation Easement.Map marked Exhibit A attached hereto; and WHEREAS, the Grantor wishes to grant a Conservation Easement on the 98.38-acre parcel of Property so that a portion of the-Property (hereinafter referred to as.the "Open Area", comprising approximately 36.11 acres�of the Property, more fully described in Schedule B attached hereto) shall remain in.its'op'en, undeveloped, and scenic state and the remainder of.the' Property (hereinafter referred.to as the "Development .Area", comprising approximately 62.27 acres of the Property, more, fully.described in Schedule C attached hereto), may be further developed with no more than twenty-six (26) single-family residences with appurtenant structures and improvements; and' WHEREAS, the Property contains soils qualified as-Class I and Class II'worthy of conservation as identified by the United State's Department:of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in'1986 and 1989 as adopted by the Town Board, Town.of.Southold code, Section 272-a of the Town Law, to protect 'environmentally sensitive areas, .preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the 'Town's resort and agricultural economy; and WHEREAS, the Property has appr6ximately,650 feet of frontage on Long Island Sound and approximately 450 feet of frontage on Dam Pond;that provides the public with significant scenic vistas of contiguous woodland, wetlands and shoreline; and, WHEREAS, the Property contains the following rare,species, classified.:as S-1 by the Natural Heritage Program: Angelica Lucida, Maritime Red Cedar Forest (remnant), Erechtites Megalocarpa (fire weed), Potentilla anserina subspecies .sb.pacifica (silver weed) and Digitaria Filisormis species; and WHEREAS, the Propertyin its present..6penic and open'space condition has substantial and significant value' as An aesthetic and agricultural resource by._reason of the fact that it has not been subject to any extensive development;and ' 1 WHEREAS, the Grantor and Grantee recognize the value and special character of the region in Which.the Property is. located, and the Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic and agricultural resource; and WHEREAS, the Grantee has determined it to be desirable and beneficial and has-requested . the Grantor, for itself and its successors'and assigns, to grant a Conservation Easement to the Grantee in order to,restrict the further development of the Property while permitting compatible uses thereof; NOW,THEREFORE: 0.0.1 Grantor's Warranty Grantor warrants and represents to the'Grantee that Grantor is the owner of the Property described in SCHEDULE A, free of any mortgages or liens and possesses the right to -grant this easement. 0.02 Grantee's Status Grantee warrants and.represents to Grantor that Grantee is a qualified not-for-profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, and any amendatory or supplemental legislation (herein called."the Code"), and incorporated under the Not-For-Profit Corporation Law .of New:York State for the 'purpose of conserving and preserving the unique environmental; agricultural,. scenic._and natural values of rural lands located in Suffolk County of Long Island. 0.03 Purpose The parties recognize the environmental, scenic, open space and agricultural values of the Open Area and have the common purpose of preserving these values. This Deed is intended to convey a Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of perpetually preserving its open.space character for environmental, scenic, agricultural and natural values, by preventing the use or development of the Open Area for any purpose or in any manner contrary to the provisions herein,. in furtherance of federal, New York.State and local conservation policies. 0.04 Government Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic; natural and open condition through conservation.restrictions by enactment of . Environmental Conservation Law, Section 49-0301, et. seq. and General Municipal Law, Section 247. Similar recognition by the federal government,-includes Section. 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Grantee's Warranty Grantee warrants and represents that it possesses the intent and.ability..to enforce the terms of. this Conservation Easement on the Property, as determined by its.Board• of Directors, at a duly constituted meeting of that Board, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open,land. 0.06 Documentation The Grantee acknowledges by acceptance of this Easement that Grantor's. historical and . present use of the Property is compatible with the purposes of this, Easement. Grantor has made available to Grantee sufficient documentation to establish the condition of the. Property at the time of the gift of.this Easement. In order to aid in identifying and documenting the present condition_ of the Property's natural, wildlife, Watershed; scenic, agriculture' and aesthetic resources and otherwise to aid in identifying and documenting,-the Property's open space values as of the date hereof, to assist the Grantor and Grantee with..monitoring the development and use 2 _ of the Property and ensuring compliance with the terms hereof, the Grantee has prepared, with the Grantor's full cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation This Baseline Documentation includes, but :need not be limited to, the Conservation Easement Map marked Exhibit A, an aerial photograph, photographs of the Property, a topographical map, a description and site plan,of existing land uses, features, and structures, if any: The Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's historical and present uses of.the Property or its physical.condition as of the date hereof, the parties-shall not be foreclosed.from utilizing any other relevant or material documents, surveys, reports, photographs, or other evidence to assist in the resolution of the controversy. 0.07 Recitation In consideration. of the previously recited facts, mutual promises, undertakings and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT . 1.01 Type This Deed conveys a Conservation Easement (herein called the "Easement"). This Easement shall consist of the covenants, 'restrictions, rights, terms, and conditions recited in . this Deed. Reference to this "Easement" or its "provisions". in this Deed shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect The covenants, terms, conditions, restrictions and purposes of this Easement shall run with the Property, as,an incorporeal interest in the. Property, and shall bind the-successors and. assigns of each of the parties respectively. 'This Easement.shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs,_ personal representatives, successors and . assigns and all other individuals and entities. .Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word. "Grantee when used, herein shall include all of those persons or entities. Any rights, obligations and interests-herein granted by Grantor,shall also be deemed granted by,each and every one of its subsequent agents, successors and assigns, and the word "Grantor" when used herein shall include all of those persons or entities. ARTICLE TWO GIFT GRANTOR hereby voluntarily grants, releases and conveys to Grantee, as an absolute gift, this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor and all future owners, tenants, occupants, assigns and possessors of said Property. ARTICLE THREE PROHIBITED ACTS : 'From and after the,date of this Easement, the following acts, uses and practices shall be prohibited forever upon 'or within the Property: 3.01 Structures The construction or placement of residential, commercial, industrial nor other buildings or structures of any kind or nature (including, but not limited to mobile homes),. permanent or temporary,. on; over or under the Property except pursuant to Section 4.06 hereof. "Structures and improvements, including,'but-,not limited to, driveways; trails and agricultural structures . as permitted in Sections 4.05 and 4.0. 6 hereof, may not be made on, over, or under the Open Area without the prior written consent of the Grantee, which may be granted if the.structure or` ' improvement.does not defeat or derogate from the purposes of this Easement. 3.02 Excavation and Removal of Materials' The excavating, mining, filling, grading .or clearing of the Property except as may be necessary to develop and maintain the single-family residences and appurtenant structures and improvements permitted in the Development Area and allowable non=residential improvements . on the "Property and to construct_and maintain the.permitted structures and improvements in the Open Area with the prior written consent of the Grantee. The removal of.topsoil, sand, or other materials shall not take place on the Property nor shall the topography of the Property be .changed except to develop and maintain the single-family residences and appurtenant structures and improvements permitted in the Development Area, to construct and maintain the permitted structures and improvements in the Open Area and for.purposes of erosion control and soil management with the prior'written consent of the`'Grantee. Any'grading within 50 feet of the top edge of the bluff, except'that which may be'necessary to control or remedy erosion or,to prevent storm water from flowing over the edge of the bluff. 3.03 Subdivision The subdivision or partitioning of the Property without the prior written consent of the Grantee, which shall be granted if that subdivision or partition, does not defeat:or derogate from the purposes of this Easement. In no event shall the Development Area be subdivided into more " than twenty-six (26) single-family residential lots as. provided .in .Section 4.06 hereof, and none of the 26 lots shall be further subdivided in perpetuity unless the lot lines merge: Any changes in lot lines subsequent to final subdivision approval must be authorized by the Town of Southold Planning Board. 3.04 Dumping The dumping or 'accumulation of unsightly or offensive;materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property. 3.05 Sins The,display of signs, billboards, or advertisements on the Property except signs, whose placement, number, and design do not significantly diminish the scenic character of the Property and only for the following purposes: a) to state the.name of the Property and the names and addresses of the occupants, b) temporarily to`advertise the Property or any portion thereof for sale or rent (subject to and`in accordance with Section 100-201 through 207 of the Zoning Code of the Town of Southold, as same may,be.amended"from time to time) or to post the Property to control unauthorized entry or use, and c) to announce the Grantee's conservation easement. 3.06 Clearing and Landscaping Activities Clearing or grading.within the Open Area, except with the prior written--consent of Grantee and as approved by the Town of Southold'Planning Board and as necessary for existing easements of record, if any. Otherwise, the Open;Area shall remain in a natural state, and maintenance of, the natural vegetation therein shall,.be the, only use or activity allowed, except as provided in Section 4.05.' The' removal of.trees, 'shrubs, or other vegetation from the Property,' . except as provided in Sections 4.04 and 4.06. 3.07 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on*the Open Area except.with the Grantee's prior written consent. Underground, utilities must, to the extent possible, be constructed within 30 4 feet of the center line of- roads or driveways, and may be'used solely to service the permitted structures. 3.08 Uses The use of the Property for any commercial or industrial purpose except, that agricultural uses expressly permitted in Section 4.05 shall not be'considered 'a commercial or industrial use. 3.09 Development Rights The use of the acreage of this.Property burdened with this Easement for purposes o.f calculating lot yield on any other property:' Grantor hereby grants to Grantee all residential. development rights on the Property and the parties agree that such rights shall be terminated and extinguished and may,hot be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to this Easement, Grantor, shall retain all' other customary rights of ownership in the-Property, some of.;which are more particularly described. in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the 'eight to'exclusive possession of the`Property. 4.03 Use Grantor shall have the right to use the Property in'any manner and for any purpose consistent with and not prohibited by this Easement as well.as applicable local, New York State, and federal law which will not defeat or derogate from the purposes of this Easement. 4.04 Landscaping Activities Grantor shall have the right to, continue the historical modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, dangerously decayed or damaged on the Property. Clearing, cutting and grading within 50 feet of the top edge of the bluff shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead,material and obnoxious plant species: Such clearing, cutting and grading:,shall be subject,to the prior written consent of Grantee and review by the Town of Southold Planning Board to insure proper maintenance and preservation of the natural buffer on Long, Island Sound. 4.05 Agricultural Activities Grantor shall have the right to continue or restore the historical, locally typical and/or. customary modes and levels of farming, including pasturing, grazing, feeding and care of livestock and cultivation'of-crops, provided that such agricultural activity,shall, be conducted in accordance with the.purposes of this Easement and provided that care shall be taken to preserve and protect the rare species of plant life. No agricultural activity shall be conducted within 100 feet of the rare species so that agricultural use of the-soil and the application of herbicides cannot affect the rare species...Normal agricultural fencing and accessory structures, as provided in 4.06 B, and as may be reasonably necessary in.connection with. agricultural use and the maintenance on the Property of horses,,sheep, beef or dairy cattle, or similar domestic livestock, may be constructed, maintained or .replaced by Grantor with the prior written consent of the Grantee. 5 4.06 Structures A. Allowable Residential Improvements. Grantor shall have the right to construct no more than twenty-six (26) single-family residences; with appurtenant structures and improvements,reasornably necessary to serve such residences including, without limitation, driveways, garages,storage sheds, septic systems and leaching pools, swimming pools; pool houses,' -tennis courts; ,or other.family-scale athletic facilities. All such residences, structures and improvements shall be constructed,.maintained and replaced within the Development Area as described in Schedule C except as provided in.. Section 3.01. Clearing and grading within`,each,residential lot shall be limited to that necessary for siting, constructing, renovating, expanding, converting_ or replacing the residences and appurtenant structures and improvements with,the intent of preserving as much of the natural' vegetation on the site as possible and minimizing storm water runoff and erosion.. No storm water runoff.resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. B. Allowable Non-Residential Improvements. Grantor shall have the right to erect and maintain' the following non-residential improvements in the Open Area which are necessary to and consistent with the uses as permitted in Sections 4.05 and 4,06 hereof: ( i ) Agricultural. Structures,'including b'ut not limited to barns and,sheds as is necessary;for the agricultural use'of the Open Area, placed such that they do not detract from and adverse ly'affect the, scenic value of this Easement; and ( i i ) Underground'facilities normally used'in connection with supplying utilities, removing 'sanitary sewage effluent; and controlling storm water runoff from the improvements'permitted under the terms of. this paragraph B hereof. Any such underground utilities must, to the`extent possible, be constructed within 30 feet of the center line of roads or',.driveways, and,may.be used solely to service the . permitted structures. No new sanitary disposal facilities or structures; with the exception'of that'stated'in Paragraph (iii.) 'below, shall be constructed or otherwi se,located between the high water mark and the one-hundred (100) foot setback from the top of the bluff as shown:on the Conservation Easement map marked Exhibit A; and (i i i) Access Drives, to'.provide access to'the improvements permitted by this paragraph 4.06 and any existing •recorded rights-of-ways to adjacent properties. Access to'the beach down the face of the bluff shall be only by means of a suitable structure. The structure shall be designed and constructed in a'manner that will result in the least threat to the stability of the bluff and must be' 'in accordance with..all applicable permits;;':and ( i v) Fences, placed such that they do not detract from and adversely,affect the scenic value ofthis Easement; and C. Replacement of Structures In-Kind. In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvement impractical, erection'of a structure�of comparable size; bulk, use, and general design to.the damaged structure shall be permitted within the same location subject to the review and written approval of Grantee:' D. Environmental Sensitivity during and after Construction. The use and location of such improvements'shall be consistent with the conservation purposes intended herein, and constructed 'by methods which are attentive to minimizing disturbances to the environment, including but not,limite'd to minimal removal. of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. No storm water runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face,of the bluff. 4.07 Notice 1 Grantor shall notify Grantee, in,writing, before taking any action or before exercising any reserved .right with respect I to the-Property which could adversely affect the conservation purposes which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided.',in Section.4.06 herein. Grantor shall provide Grantee with complete documentation ,including architectural plans of any proposed structures . which are subject to Grantees approval which shall not be''unreasonably withheld. .Such approval, disapproval or comments of Grantee shall,be .given to.Grantor within 45 days after all necessary documentation and information is submitted to Grantee. 4.08 Alienability Grantor shall,,have the right to convey all or any part of its remainingJriterest in the Property but only subject to this Easement: Grantor shall promptly,notify Grantee of any conveyance of any interest.in the Property,',including the full names and-mailing addresses of all Grantees, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically;set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate..this Easement by reference, specifically setting forth the date, office, liber and page of the recording hereof. The failure, of any such instrument to comply with the provisions hereof shall not affect.Grantee's rights hereunder:' ` ARTICLE FIVE . GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges which may become a lien on.,the Property, -including any taxes or levies imposed to make those payments. If Grantor fails to make such payments, Grantee is authorized to make such payments (but shall have no'obligation.to do so) upon ten days prior written notice to Grantor, according to.'any bill, statement or estimate procured from the appropriate public office without inquiry into,the accuracy.thereof. That.payment, if made by Grantee,shall . . become a lien on the Property of the same priority as the item if not paid would have become, and shall bear interest until paid by Grantor at two percentage points over the.prime rate of interest from time to'time charged by Citibank, N:A. ARTICLE SIX INDEMNIFICATION 6.01 Grantor's Obligations Grantor shall indemnify and hold Grantee harmless.from any charges or liens imposed upon Grantee arising from the physical maintenance and, upkeep of the Property or from any taxes, levies or assessments upon it or resulting'•from this Easement,: all of`Which shall be considered Grantor's obligations. 6.02 Third- Party Claims Grantor shall indemnify and hold Grantee harmless. for any liability, costs, attorneys'. fees, judgments or expenses to Grantee or any of'its officers, employees, agents or independent contractors resulting: a); from injury to persons"or damages to Property arising from any activity,on-the Property, except those due 'solely:to the acts of the Grantee, its officers, employees, agents, or independent contractors; and b) from actions or claims:of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. qW ARTICLE SEVEN GRANTEE'S RIGHTS ' 7.01 Entry and, Inspection Grantee shall have the right to enter upon-the Property at'reasonable times, upon reasonable prior notice to Grantor, and in a"manner that will not interfere with the Grantor's quiet use and enjoyment of the Property, for'the purpose ,of.inspection to determine whether this Easement and its purposes and provisions are being,upheld: Grantee shall.not have the right to enter upon the Property for any other purpose, except as.provided in Section.7:03, nor to permit access upon the Property by the public, 7.02 Restoration Grantee shall have the right to require the Grantor to.restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that the Grantee may reasonably deem necessary. However, it is understood and agreed by the parties hereto that the Grantor shall not be liable for any changes to the Property resulting . from causes beyond the. Grantor's control, '.including, without limitation, fire, flood, storm, and, earth movement, or from any prudent action taken'by the;Grantor under emergency conditions to prevent, abate, or mitigate significant injury to 'the Property resulting from such.causes. 7.03 Enforcement Right's of Grantee Grantor acknowledges and agrees:that'Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition ;to, and`not in limitation of, any'other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of.any term, provision, covenant or obligation on :Grantor's part to be observed -or performed pursuant to this Easement is not cured'by Grantor .within ,thirty (30) days" notice thereof by Grantee (which notice requirement is expressly waived by Grantor,with respect'to any such breach, default or Violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the Open Space Values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (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 breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto or on the date hereof, or to such'"condition as is _expressly permitted hereby or as may be pursuant to the terms hereof, as Grantee deems appropriate under the circumstances,or. (iii) to seek or 'enforce such,other legal and/or'"equitable relief or remedies asGrantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement;'provided, however, that any failure, delay.or election to so act.. by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with'respect to such breach,` default, 'or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay, either directly or by reimbursement to' Grantee, all reasonable 'attorneys' fees, court costs and other expenses incurred by Grantee (herein called "legal expenses") i.n connection .with any proceedings under this Section 7.03. 7.04 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SEVEN shall not have the effect of waiving or limiting any other remedy or".relief, and the failure to'exercise or delay. in exercising any remedy shall not have the effect of waiving:or limiting the use of;any other- remedy or relief or the use of such other remedy or relief at any other time. 7.05 Assignability Grantee shall have the right to assign any and all.of.its rights and responsibilities under this Easement, and any and all of its. rights;title and interest in-and to this Easement only to a qualified organization (herein called "the Assignee"). As,used herein: the term "qualified organization" means a not-for-profit corporation,,or governmental unit or agency which is qualified to receive such interests pursuant to Article 49 of the.New York Environmental Conservation Law, and is a qualified organization'within the meaning of Section 170(h)(3) of the Code. Any assignment by Grantee or Grantee's successors must require,the Assignee or 8 Assignee's successors to carry out the purposes of,this Easement. The Assignee And its - successors and assigns shall have the.same right of assignment. 7.06 Succession If at anytime Grantee or any successor; or assignee is unable to enforce this;.Easement fully or fails.to do so, or if Grantee or any successor or assignee ceases to exist or ceases to be a ' qualified organization under I.R.C. Section 170 (h)(3) then this, Easement shall be vested in such other qualified corporation; body or agency as defined.-and upon the`:conditions contained in Section 7.05 as the Grantee shall designate,. If, on,the occurrence of.any of these events, Grantee . or any successor or assignee fails to assign'all of its rights and responsibilities.under this Easement and all of its rights,title and.interest in and to this Easement to a qualified organization, then the rights and responsibilities;under this Easement shall become vested in. another qualified organization in accordance with a cy presproceeding brought in any court of competent jurisdiction. 7.07 Extinguishment This.easement gives rise to a property right And interest,immediately vested,in the Grantee. For purposes of this Section 7.07, thefair market value of such right and interest shall be equal to.the'difference,,as of the date hereof; between the fair market value:of the Property subject to this Easement andi the fair market value of the Property if unencumbered hereby (such difference, divided by the fair market value:'of. he Property unencumbered by this Easement, is hereinafter referred to as the "Proportionate Share"). In the 'event a material unforeseeable change- in the conditions surrounding the Property.makes impossible its continued use for the purposes contemplated hereby,'resulting in an extinguishment of this Easement or Any material term or provision hereof: by a'.judicial proceediing; then upon-a subsequent transfer of title to the Property by sale, gift; devise, exchange; taking by eminent domain or by. purchase in lieu of a taking, Grantor shall pay,to ,Grantee.an.amount equal to,the greater of (x) the consideration paid by Grantee to Grantor for this Easement or -(y) the,Proportionate Share of the proceeds of such transfer. If all or any part;of the Property is taken under..,the'power of eminent domain by public, corporate; or other authority, or otherwise,acquired by such 'authority through a purchase 'in lieu of 'a taking, so as to abrogate the restrictions:imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time.of such taking to"recover the full value of the interests in the Property . subject to the taking and all incidental or.direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be;entitled to the Proportionate Share of the. remaining recovered.proceeds. The Grantee shall use such.proceeds actually recovered by it in a _ manner consistent with the purposes of'this Easement. The respective rights of Grantor and Grantee set forth in this' Section 7.07 shall' be;in 'addition to, and not in limitation of, any rights they may. have by law with respect to a modification or termination of this'Easement by reason of changed conditions or''the'exercise of powers of eminent.domain as aforesaid:' . 7.08 .No Public Access ` Nothing contained in this Ease'rhent,'grants, nor shall be interpreted'to grant, to the public any,right to enter upon the.Property. Accordingly, Grantee shall not invite .the public to enter upon the Property without the prior written consent of the Grantor: ARTICLE EIGHT MISCELLANEOUS 8.01 Entire Understandina This Easement contains the entire:understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its'subject matter shall be merged into this Easement and superseded by it.'' ' 9 8.02 Amendment This ,Easement is.made with the intention that it shall.qualify as a Conservation Easement in perpetuity under I.R.C. Section 170 (h).. ;The.parties agree to amend the provisions of this Easement in such manner as may be. indicated by the Internal Revenue Service; as a result of final determination after audit of the federal income tax return of the Grantor,''to entitle the Grantor to the charitable deduction described in I.R.C. Section 170 (h). Any such amendment shall apply retroactively in the same manner as if:'such amendment or amendments had been set forth herein. This Easement can be terminated or modified'only in accordance with the''common and statutory law of the State of New York.applicable to the termination and modification of easements and covenants running with the land. Grantor and Grantee recognize that circumstances could arise'which would :justify the modification of certain of the restrictions contained in this Easement. To this end, Grantee and Grantor shall mutually have the right; in their sole discretion, to agree to amendments to this Easement which are not inconsistent with the basic purposes of this Easement set forth in'the Introduction hereof; provided, however, that Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid Conservation Easement under Article 49,. Title 3 of the . Environmental Conservation Law of the State of New York, as the same. may be hereafter amended, any regulation issued pursuant thereto, or,Section 170(h) of the Internal Revenue Code governing "Qualified 'Conservation Contributions:" The parties acknowledge that the boundaries i of the.Open Area and the bevelopment Area may have to be adjusted as'provided herein; and'the parties-agree to cooperate in such boundary line' adjustments 'as Maybe"necessary, provided;,said adjustments would not result in diminution of the Open Area or an increase in the'number of lots or primary structures to be developed by the Grantor. 8.03 . Severabilitv Any provision ofthis Easement, restricting .Grantor's activities, which'is determined to be invalid or unenforceable ,by a court,,shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement which is determined to be invalid or unenforceable by a court shalt be severed from the other provisions, which.shall remain enforceable and effective. 8.04 Notice All 'notices required by this Easem'ent'must,b'e written. Notices shall be given either.by. manual delivery or by mailing in a mail receptacle maintained by the United. States Postal. Service. Mailed notice must be contained-in'an'accurately addressed, sealed envelope, marked for delivery .by first 'class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Mailed-notice''to Grantor shall be addressed to Grantor's address as recited herein','or to such other address as Grantor may designate by notice in. accordance with this.Section 8.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the President, or to such other address as Grantee may designate by�notice in accordance with this Section 8.04. Notice shall be deemed given and received as of ithe date of its manual delivery or the date of its mailing. 8.05 Governing Law. New York law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 8.06 Interpretation Regardless of any contrary rule of construction, no.provision'of this Easement shall be construed in favor of one of the parties because it was drafted ly.the other party's attorney. No alleged ambiguity in this Easement shall be"' construed against the party whose .attorney drafted it. If any provision of,this Easement is ambiguous,oe shall be subject to two or more interpretations, one of which would render'''that.provision invalid,, then that provision shall be given such interpretation as would render it valid and be 'consistent with the purposes of this Easement as intended by Grantor. Any rule of strict construction designed to limit the breadth of the restrictions on use of the. Property shall not apply in the construction or interpretation of this-Easement, and, this Easement shall be interpreted broadly'to effect the purposes of.this Easement as intended by Grantor. The parties intend that.this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited.his,right to use the Property, except as otherwise recited herein, be.construed-at all times. and by all parties to effectuate its,purposes. 8.07 Warranties The warranties and representation made by.the parties in this Easement shall survive its execution. 8.08 Recording Grantee shall record this Easement in the land•records of the office of the Clerk of the County of Suffolk, State of New York. 8.09' Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall'be ignored in its construction. 11 IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Conservation Easement on_the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: BY: 'Rao J: TIV ti teveen (Grantor) ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST(Grantee) BY: o n v.H. Halsey Its President STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS. On this 1 3 day of December, 1995, before me personally appeared Raoul J. Witteveen, who, being by me duly sworn, said that he resides at 368 Daniels Lane, Sagaponack, New York 11962. Grantor mentioned and described in, and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same . Notary Public. MELANIE A.TESBENS Notary'Public,State of New York No.01TE5035908,Suffolk County / Commission Expires November 14.199.E STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On this )-3 day of December, 1995, before me personally appeared JOHN v.H. HALSEY, who, being by me duly sworn, said that he resides.at 469 Majors Path, Town of Southampton, New York, that he is President of PECONIC LAD TRUST, INCORPORATED, the Grantee mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein; and that he signed his name thereto by authority of the Board of Directors of the said Corporation. Notary Public, MELANIE A.TFBBENS Notary Public, State of tdew York No.01TE5035906,Suffolk County Commission Expires November 14, .199 Schedule A: Metes and Bounds Description of the Property. Schedule B: Metes and Bounds Description of'the Open Area: Schedule C: Metes and Bounds Description of the Development Area. Exhibit A: Conservation Easement Map 12 SCHEDULE A Description of Property ALL that certain plot; piece, or parcel of land, with the.buildings and improvements'thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road at the southeasterly corner of land now or formerly Frank R. Russel and Others, said point being situate 1776 feet easterly as measured along the northerly side of Main Road from the intersection of the northerly side of Main Road and the easterly side of Stars Road: RUNNING thence from said point of beginning along land now or formerly Frank R. Russel and Others the following four (4) courses and distances: 1. North 23 deg. 22 min. 16 sec. West 211.37 feet, 2. South 60 deg. 31 min. 44 sec. West 27.55 feet, 3. North 25 deg. 15 min. 16 sec. West 402.42 feet, 4. South 72 deg. r32 min. 04 sec. West 52.24 feet to land now or formerly Ronald Edeen, Jr. and Barbara Edeen; RUNNING thence along land now or formerly Ronald Edeen, Jr. and Barbara Edeen the following two (2) courses and distances: 1. South 77 deg. 58 min. 14 sec. West 155.8.5 feet, 2. South 74 deg. 31 min. 54 sec. West 59.26 feet to land now or formerly Frank E. Begora, Jr. and Iris,R. Begora; RUNNING thence along land now or formerly'Frank E. Begora, Jr. and Iris R. . Begora the following two (2) courses and distances: 1. South 78 deg. 29 min. 54 sec. West 295.42 feet, 2 South 27 deg. 28 min. 06 sec. East 11.58 feet to land now or formerly Myron B. Brown; RUNNING thence South 76 deg. 28 min. 04"sec. West along land now or formerly Myron B. Brown 180.74 feet to land now or formerly John Psaroudakis and Luz Psaroudakis; RUNNING thence North 24 deg. .08 min. 36 sec.. West along land now or formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E. Cook 932.76 feet to a point; RUNNING thence South 65 deg.`51 min. 24 sec. West still along land now or formerly Dorothy E. Cook 137.75 feet to the easterly.side of a certain 16 foot wide right-of-way through land now or formerly Dorothy E. Cook; RUNNING thence along the easterly side of said right-of-way the following two (2) courses and distances: 1. North 24 deg. 41 min. 56 sec'. West 529.80feet, Page ,1 2. North 23 deg. 47 min. 16 sec. West 269:74 feet to a point; RUNNING thence still along land now or formerly Dorothy E. Cook the following three (3) courses and distances: I. North 65 deg. 51 min. 34 sec. East 141.21 feet; 2. North,24 deg. 08 min. 36 sec. West 206.00 feet, 3. North 25 deg. 26 min. 56 sec: West 311.78'feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thence along land now or formerly*.Otto Uhl, Jr. et al. North 61 deg. 16 min. 04 sec. East 156.76 fleet to land now or formerly Constance J. Terry; RUNNING thence along land now or formerly Constance J. Terry the following ten (10) courses and distances: 1. South 25 deg. 31 min. 36 sec. East 836.45 feet, 2. North 65 deg. 47 min. 54 sec. East 288..00 feet, 3. North 24 deg. 12 min. 06 sec. West `176.10 feet, 4. North:24 deg: 38 min. 46 sec. West 113.47 feet, 5. North 23 deg. 32 min. 36.sec. West 110.0.5 feet, 6. North 25 deg. 39 min. 46 sec. West 10 1.00 feet; . 7. North 23 deg: 04 min. 56 sec. West 88.65 feet, 8. North 26 deg. 21 min. 26 sec. West 100.90 feet, 9. North 28 deg. 48 min. 16 sec. West 101.34 feet, 19. North 33 deg. 26 min. 56 sec. West 68.56 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thence along land now or formerly Otto Uhl,.Jr. et al. the.following four (4) courses and distances: 1`. North 61 deg. 22 min. 14 sec. East 97.62 feet, 2. North 24 deg. 21 min. 26 sec. West 833.61 feet, 3. North 45 deg. 03 min. 26 sec. West 67.42 feet, 4. North 02 deg: ,48 min. 04 sec. East: 527.67 feet to the approximate highwater mark of Long Island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound the following fifteen (15) tie line courses and,distances: 1. South 83 deg. 14 min. 46 sec. East 1 28.26 feet, 2. South 62 deg. 51 min. 09 sec. East 201.85 feet, 3. South 13 deg. 33 min. 58 sec. East 39.20 feet, 4. South 41 deg. 24 min. 15 sec. East 85.68 feet, 5. South 35 deg. 17 min. 27 sec. East 447.02 feet, 6. South 54 deg. 42 min. 50 sec. East 142.20 feet, 7. South 61 deg. 51 min. 04 sec. East 142.78 feet, 8. South 67 deg. 52 min. 44 sec. East 167.49 feet, 9. South 73 deg. 20 min. 32 sec. East 501.35 feet, 10. South 70 deg. 23 min. 39 sec. East 2.15.43 feet, 11. South 73 deg. 28 min. 00 sec. East 227.73feet, 12. South 71 deg. 06 min. 21 sec. East 210.19'feet, 13. South 82 deg. 49 min. 39 sec. East 69.50 feet, 14. South 76 deg. 56, min. 14 sec. East 108.12 feet, 15. South 81 deg. 51 min. 42 sec. East 321.20 feet to land now or formerly Robert W. Gillespie, Jr. and David-Gillespie; RUNNING thence along land now or formerly Robert W. Gillespie, Jr: and David Gillespie South,06 deg. 24 min..,34 sec. West 198.78 feet to the approximate Page 2 highwater mark of Dam Pond.; RUNNING.thence.along the approximate highwater-mark of Dam Pond.the following thirty-three (33) tie line courses and distances: 1. South 89 deg. 19 min. 53 sec. West 73.94,feet, 2. North 75,deg. 37 min. 52„sec. West 48.78.feet, 3. North 87 deg. 59 min. 45 sec. West 58.54.feet, 4. North 89 deg. 33 min. 38 sec. West 3T3.8 feet,, .5. North 63 deg. 46 min. 47 sec. West 46.02 feet, 6._ North. 85 deg. 42 min. 49 sec. West 63.8:4 feet; 7. North 66 deg. 04 min..49 sec. West 28.08 feet, 8.: South 33.deg. 57 min. 52 sec. East. 180.87 feet, 9. South 18 deg: 42'min. 02 sec. East. 110.06feet, 10: North 89 deg: 10.min. 25 sec. .East' 85.79 feet, 11.. South 38 deg. 23 min. 13 sec. East 81.33 feet, 12. South 24 deg. 16 min. 05 sec. East 73.11 feet, 13. South 51 deg. 10 min..48 sec. West 49.25 feet, 14. South 32 deg. 39 min. 33 sec. East 58.55..feet, 15. South 28 deg. 04 min. 43 sec. West 53.12 feet, - 16. South.82 deg. ,54 min. 21, sec.,West 46.534e,et, 17. North 77 deg. 57 min. 36 sec. West 146.19.feet, 18. South 63 deg. 05 min. 10 sec. West 64.68 feet, 19. South 04 deg. ,56 min. 12 se,c. West 73.36 feet,. 20. "South 23 deg. ,18 min. .55 sec. East. 58.90 feet, 21. South 55 deg. 48.min. 53 sec..East;, 32.68 feet, 22. North 86 deg. 48 min. 55 sec. East; 82.98 feet, 23. South 75 deg. 54 min. 56 sec. East." 68.05 feet, 24. .North 55 deg. 39 min. 06 sec. East: 61.71:feet, 25. North.14 deg. 48 min. 34 sec. East 92.74 feet, 26. North 53 deg. 31 min. 16 sec. East, 24.33 feet, 27. South 07 deg. 39 min. 07 sec. East 31.57 feet, 28. South 11 deg. 06 min. 27 sec. West 49.53 feet, 29. -South 19 deg. 55 min. 03 sec: East' 106.82 feet, 30. South 56 deg. 03 min. 02-sec. West 48.86 feet, 31. . South_ 77 deg..01 min. 56 sec. West 61.30 feet, 32. South 79 deg. 24 min. 50 sec. West 79.63 feet, 33. South 16 deg. 48 min. 29 sec..West '20.47 feet to land now or formerly Joseph Frederick Gazza; RUNNING;thence,along;land now'&for;merly.Joseph Frederick Gazza , along land now or formerly Bernice,Lettieri,,'.along other lands.now or formerly Joseph Frederick Gazza, and, 'along,land now'or formerly Andrew Lettieri the following. thirteen (13) courses and distances: • ' ' 1. North 87 deg. 08 min. 46 sec. West 103.17.feet, " 2. North 00 deg. 35-min:.14. sec. East 9.00 feet, 3. North 89 deg. 05 min. 36 sec. West 450..01 feet, 4. South 89 deg. 43 min. 34 sec. West 52088 feet, 5. South 25 deg. 30 min. 06 sec. East 608.15 feet, 6. North 81; deg. 12 min. 16.sec. West 312.90;feet, 7. South 32 deg. 12 min. 06 sec. East 144.10 feet, 8. South 27.deg. 10 min. 36 sec. East 71.14 feet, 9. South 27; deg. 49 min. 46 sec..East. 111..96 feet, 10. South 25 deg. 15 min. 36 sec. East.. 598.78 feet, 11. South 26 deg. 45 min.;36 sec.,Ea'st 387.32 feet, 1.2. North 63 deg. 01 min. 44 sec. East '23.10 feef, 13. .South 25 deg. 30 min. 16 see. East 242.90 feet to the northerly side of Main Road; Page ,3 � RUNNING thence along the northerly side of Main Road South 83 deg. 03 min. 14 sec. West a distance of 86.62 feet to the point or place of BEGINNING. CONTAINING an area of 98.3783 Acres. SUBJECT to all rights of way, easements and or.covenants of record, if any. Page 4 SCHEDULE B Description of Open Area ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New'York, bounded and described as. follows: BEGINNING at a point on the. northerly side of Main Road at the . southeasterly corner of land now or formerly Frank R. Russel and Others, said point being situate 1776 feet easterly as measured along_the northerly side of Main Road from the intersection of the northerly side of Main Road and the easterly side of Stars Road: RUNNING thence from.said point of beginning along land now or formerly Frank R. Russel and Others the following four (4) courses and distances: 1. North 23 deg. 22 min. 16 sec. West 211.37 feet, 2. South 60 deg. 31 min. .44 sec. West 27.55 feet,. 3. North 25 deg. 15 mina 16 sec. West '402.42 feet, 4. South 72 deg. 32 min. 04 sec. West 52.24 feet to land now or formerly Ronald Edeen, Jr. . and Barbara Edeen; RUNNING thence along land'now or formerly Ronald Edeen;' Jr. and Barbara Edeen the following two (2) courses and distances: 1. South 77 deg. 58 min. 14:sec. West 155.85 feet, 2. South 74 deg. 31 ruin. 54.,sec. West 5926 feet to land now or formerly Frank E. Begora, Jr. and Iris R.,.Begora; RUNNING thence along land now or formerl:y-Frank E. Begora, Jr. and Iris R. Begora the following two (2) courses and distances: 1. South 78 deg. 29 min. 54 sec. West 295.42 feet, 2. South 27 deg. 28 min. 06 sec. East 11.58 feet to land now or formerly Myron B. Brown; RUNNING thence South 76 deg. 28 min. 04 sec. West along, land now or. formerly Myron B. Brown 180.74 feet to.land now or formerly John Psaroudakis and Luz Psaroudakis; RUNNING thence North 24 deg. 08 min. 36 sec. West along land now or formerly John Psaroudakis and Luz Psaroudakis,and along land now or formerly Dorothy E. Cook 932.76 feet to a point; RUNNING thence South 65 deg..51 min. 24.sec. West still along land now or formerly Dorothy E.,Cook 137.75 feet to the easterly side of a certain. 16 foot wide right-of-way through land now or formerly Dorothy E. Cook; . RUNNING thence:along the easterly side of said right-of-way the following, two (2) courses and distances: 1. North 24 deg. 41 min. 56 sec. West 529:80 feet, Page' 1 2. North 23 deg. 47 min. 16 sec.,West 269.74 feet to a point; RUNNING thence still along land now or formerly Dorothy E. Cook the following three (3) courses and distances: 1. North 65 deg. 51 min. 34 sec. East 141.21 feet, 2. North 24 deg..08 min. 36 sec..West 206.0.0 feet, 3. North 25 deg.:26 min. 56 sec. West 311.78 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thence along land now or formerly Otto Uhl, Jr. et.al.. North 61 deg. 16 min. 04 sec. East 156.76 feet to land now or formerly Constance J. Terry; RUNNING thence along land now or formerly Constance J. Terry the following two (2) courses and'distances: 1. South 25 deg. 31 min. 36 sec. East 836.45 feet, 2. North 65 deg. 47 min. 54 sec. East 288.00 fleet to the southeasterly corner of land now or formerly Constance J. Terry; RUNNING thence through land of the party of the first part the following four (4) courses and distances: 1. North 56 deg. 14 min. 44 sec. East; 225.54.feet, 2. South 33.deg. 45 min. 16 sec. Easf 145,98 feet, 3. on a curve to the right having a radius of 755.00 feet a distance of 108.21 feet, 4. North 64 deg. 27 min. 26 sec..,East„ 287.67 feet to land now or formerly Joseph Frederick Gazza; RUNNING thence along land now or formerly Joseph Frederick Gazza, and along land now or formerly Andrew Lettieri the following nine (9) courses and distances: 1. South,25 deg. 30 min. 06 sec: East 608.;15 feet, 2. North 81 deg. 12 min. 16 sec. West_ '312.'90 feet, 3. South 82 deg. 12 min. 06 sec. East 144.10 feet, 4. South 27 deg. 10 min. 36 sec. East 71.14 feet, 5. South 27 deg. 49 min. 46 sec. East . 111.96 feet, 6. South 25 deg. 15 min. 36 sec. East 598.78 feet, 7. South'26 deg. 45 min. 36 sec. East 387.32 feet, 8. North 63 deg. 01 min. 44 sec. East 23.10 feet, 9. . South 25 deg. 30 min. 16 sec. East 242.90 feet to the northerly side of Main Road; RUNNING thence along the northerly side of Main Road South.83 deg. 03 min. 14 sec. West a distance of 86.62 feet to the point or place of BEGINNING. CONTAINING an area of 3611138 Acres. SUBJECT to all rights of way, easements and or covenants of-record, if any. Page 2 SCHEDULE C Description of -Development Area ALL that certain plot, piece, or parcel of Land, with the buildings'and improvements thereon erected, situate;• lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bourided.and described as follows: .BEGINNING at a point marking the southeasterly borner of land now or formerly Constance J. Terry; RUNNING thence from said point'of beginning along land now or formerly Constance J. Terry the following eight.(8).courses and distances: 11. North 24 deg. 12 min. 06 sec. West 176'.10,feet, . 2. North 24 deg. 38 min. 46 sec. West . 113.47. feet, 3. North 23 deg. 32. min. 36 sec. West 110.05 feet, 4. North 25 deg. 39'min. 46 sec. West 10 1.00 feet, 5. North 23 deg. 04 min. 56.sec. West 88.65 feet, 6. North 26.deg. 21 min. 26 sec. West 100.'90 feet, 7. North 28 deg. 48 min. 16 sec. West 101:34 feet, 8. North 33 deg. 26 min. 56 sec. West 68.=56.feet to land now or formerly Otto Uhl,.Jr.. et al.; RUNNING thence along land now or formerly,Otto Uhl, Jr. et al..the following. four.(4) courses and distances: 1. North 61 deg. 22 min. 14 sec. East 97.62 feet, 2. North 24 deg..21 rain. 26 sec. West, 833.61`.feet, 3. North 46 deg. min .n. 26 s,'ec, West 67..42 feet, 4. North 02 deg. 48 min. 04 sec. East 527.67 feet to-the approximate highwater mark of Longir Island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound the following fifteen (15) tie Tine courses,and distance's: 1. South 83 deg. 14 min. 46 sec.rEast 28.26 feet, 2. South, 62 deg. 51 ,min: 09 sec..East 201.85 feet, 3. South 1.3 deg. 33 min. 58 sec. East 39.20 feet, 4. South 41 deg. 24 min. 15 sec. East 85.68 feet; 5. South 35 deg, 17 min. 27 sec. East 447.02 feet, 6. South 54 deg. 42 min. 50 sec. East :14.2.20 feet, 7. South 61 deg. 51,min. 04 sec. East 142,.78 feet, 8. South 67 deg. 52 min. 44 sec."East 167'.49"feet, 9. South 73 deg. 20 min.'32 sec. _East 501.3:5 feet, 10. South 70 deg. 23;min. 39 sec: East 215.43 feet, 11. South 73 deg., 28',m'in. 00 sec..-East 227.13 feet, 12. South 71 deg. 06.min. 21 sec. East 2 10.19 feet; 13. South 82 deg. 49,min. 39 s;ec.,,East -69,.50 feet, 14. South 76 deg. 56,,min. 14 sec. East 108:12 feet, 15. South 81 deg. 51..min. 42 sec. East 321.20 feet,to land now or formerly .Robert W.,Gillespie, Jr. and David Gillespie; Page 1 RUNNING thence along land now or formerly Robert W. Gillespie, Jr. and David Gillespie South 06 deg. 24 min. 34 sec: West 198.78 feet to the.approximate highwater mark of Dam Pond; RUNNING thence along the approximate highwater mark of Dam Pond the following thirty-three (33) tie line courses and distances: 1. South 89 deg. 19 min. 53'sec. West 73.94 feet; 2. North 75 deg,. 37 min. 52 sec.'West 48.78 feet, 3. North 87 deg. 59 min. 45 sec. West;. 58.54'feet, 4. North 89 deg. 33 min. 38 sec:-West 37.38 feet, 5. North 63 deg. 46 min. 47,sec. West 46.02.feet, 6. North 85 deg. 42 min. 49 sec., West 63.84 feet, 7. North 66 deg. 04 min. 49.sec: West 28.08 feet, 8. South 33 deg. 57 mina 52 sec. East-,180.87 feet, 9. South 18 deg. 42 min. 02 sec'. East 110.06 feet, 10. North 89 deg. 10 min. 25 sec. East 85.79 feet, 11. South 38 deg. 23 min. 13 sec. East 81.33,feet, .12. South 24 deg., 16 min. 05 sec. East 73.11 feet, , 13. South 51 deg. 10 min. 48 sec. West 49.25 feet, 14. South 32 deg. 39 min. 33 sec: East 58.55 feet, 15: South 28 deg. 04 min. 43 sec. West 53.12-feet, 16: South 82 deg.,,54,min. 21 sec..West 46.53 feet, 17. North 77 deg. 57 min. 36 sec. West 146.19 feet, 18. South 63 deg: 05 min. 10 sec. West 64.68 feet, 19. South 04 deg. 56 min. 12 sec: West 73.36 feet, 20. South 23 deg. 18 min. 55 sec. East ' 58.90,feet., 21. South 55 deg. 48 min. 53 sec..East; 32.68 feet, 22. North 86 deg. 48 min. 55 sec: East 82.08 feet, 23. South,75 deg. 54 min. 56'sec; East 68.054eet, 24. North 55 deg. 39 min. 06 sec: East 61.71,feet, 25. North 14 deg.-48 min. 34 sec: East .92.74.feet, 26. North 53 deg. 31 min. 16 sec:' East. 24.33 feet, 27. South 07.deg. 39 min. 07 sec. East 31.57 feet, 28. South 11 deg. 06 min. 27 sec. West 49.53 feet, 29. South 19 deg. 55 min. 03 sec. East 106.82 feet, 30. South 56 deg.- 03 min. 02 sec. West 48:86 feet, 31. South 77 deg. 01 in 56 sec. West 61.30:feet, 32. South 79 deg. 24 min. 50 sec. West 79.63 feet, 33. South 16 deg. 48 min. 29 sec. West 20.47 feet to land now or formerly Joseph Frederick GaZZa; RUNNING thence along'land now.or.formerly Joseph Frederick Gazza , along land now or formerly Bernice Lettieri,,and along other lands now or formerly Joseph Frederick.Gazza the folfowing four (4).courses and distances: 1. North 87 deg. 08 min. 46 sec. West 103.77 feet, 2. North 00 deg. 35 min. 14 sec: East 9.0.0 feet, 3. North 89 deg. 05 min. 36 sec. West 450.01 feet, 4. South 89 deg. 43 min. 34 sec. West 520.88 feet to the northwesterly corner of land now or formerly Joseph Frederick Gazza;. RUNNING thence through land of the party of the first part the following four (4) courses and distances: 1. South 64 deg. 27 min. 26 sec. West 287.67 feet, 2. on a curve to.the left having a radius of 755.00 feet a distance of 108.21 feet, 3. North 33 deg. 45 min. 16 sec. West 145.98 feet, Page 2 4. South 56 deg. 14 min. 44 sec. West 225.,54..feet to the southeasterly corner. of land now or formerly Constance J. Terry and the point or place of BEGINNING. CONTAINING an area of 62.2645 Acres. SUBJECT to all rights of way, easements and-or covenants of record, if any. Page 3 71 EXHIBIT A 2 I i 71 11 @ gy�q: j'(jf 1. C-IBI61 ip iyy f�A.kR P I t KA 91 Conservation Easement. Map F &ilCROFU 4 €m 'cl I (NYS RTE 25) MAIN RDAD .,,.....�- -\ '; °i.\ a�� •'\ •\ � ' i - I b$ \ DAlo \ ty 1 .P oNe�s� r•�;�;; .I 9 .R= 'Al" r PLANNING BOARD MEMBERS JERILYN B.WOODHOUSE �� �j P.O. Box 1179 Chair o y� Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 RICHARD CAGGIANO Wy, Telephone (631) 765-1938 WILLIAM J.CREMERS G Fax (631) 765-3136 KENNETH L. DS MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 3, 2004 DEVELOPMENT RIGHTS - PRIORITY Mr. James Richter Office of the Town Engineer Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Dear Mr. Richter: The Southold Town Planning Board hereby refers the folk ing application for your review: -' Application Name: Major Subdivision of Cove Beach Estates, LLC Tax Map Number: 1000-22-3-9.1., 18.1, 18.7 & 18.8 Street Location: North of S.R. 25 Hamlet Location: East Marion Type of Application: Road Profiles Shown on Final Plat (Dated Grading and Drainage Plans (Dated: Other (Dated: Sketch Site Plan (Dated: Preliminary Site Plan (Dated: Grading and Drainage Plans (Dated: BOND ESTIMATE (Dated January 9, 2004: Comments: R&D plan has been previously reviewed and accepted by your department. New submissions with your recommended changes. Contact Person: Mark Terry CHARLES R.CUDDY �5 ATTORNEY AT LAW 445 GRIEPING AVENUE RIVERHEAD,NEW YORK Mailing Address; TEL: (631)369-8" P.O.Box 1547 FAX: (631)369-W Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net March 2, 2004 Mr. Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold,.NY 11971 Re: Cove Beach Estates, LLC SCTM#1000-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Terry: }} We are enclosing a Consf ruction Cost Estimate prepared by Tom Wolpert,P.E. of Young&Young. / Please have this revie,,ked by the Town Engineer and confirm that Cove Beach may obtain a J performance bond ba;5'e d on this estimate. Very truly yours, Charles R. Cuddy CRC:ik t, Enclosures p � cEPVE MAR - 4 2004 Southold Town Planning Board Revised January 9, 2004 'March 26, 2002 CONSTRUCTION COST ESTIMATE Prepared for Cove Beach Estates . at East Marion, T/O Southold, New York Item Item Description Qty. & Unit Unit Price Total 1 Clearing & Grubbing 5.6 Acres $2,500.00 $14,000.00 2 Rough Grading / Uncl. Excavation 000 C.Y. $2.00 $19,000.00 3 Belgian Block Curb 580 L.F. $10.00 $5,800.00 4 Fine Grading 13,000 S.Y. $1.50 $19,500.00 5. Catch Basin 26 Each $2,000.00 $52-000.00 6 Dmg: Manhole w/Solid Cover to Grade 0 Each $1,500.00 $0.00 7 Leaching Pool - 10' Dia.' 831 V.F. $250.00 $2073750.00 8 Drainage Pipe -24" Dia. 0 L.F. $30.00 $D.00 9 Drainage Pipe - 18" Dia. 288 L.F. $25.00 $7,200.00 - 10 Draiange Pipe- 15" Dia. 910 L.F. $20.00 $18.2�0.00 11 Pipe,End Sect. -24" 0 Each $500.00 $0.00 12 3/4" Stone Blend or RCA Base 985 C.Y. $30.00 $29,550.00 13 Asphalt Binder Course -2 1/2" 1,304 Tons $60.00 $78,240.00 14 Asphalt Wearing Course - 1 1/2" 782 Tons $60.00 $46,920.00.. _ .15.: Concrete.Driveway Apron 100 S.Y. $25.00 $2,500.00 16 Street-Light 3 Each $2,000.00 $6,000.00 17 Concrete.Survey Monuments 25.Each $100.00 $2,500.00 18 Topsoil.&Seed 14,825 S.Y. $2.00 $29,650..00 19, Street Sign 4 Each $200.00 $800.00 20 Fire Well 2-Each $15,000.00 $30,000.00 21 Maint. Protection of Traffic Lump Sum Lump Sum' $3,000.00 Sub-Total = $572,.610.00. + 6 % Administration Fee = $34,356.60 TOTAL = $606,966.60 D E CV f�' MAR - 4 2004 Southold Town Planning Board CHARLES R.CUDDY TO ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net March 2, 2004 Mr. Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Cove Beach Estates, LLC SCTM#1000-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Terry: We are enclosing a Construction Cost Estimate prepared by Tom Wolpert,P.E. of Young&Young. Please have this reviewed by the Town Engineer and confirm that Cove Beach may obtain a performance bond based on this estimate. Very truly yours, Charles R. Cuddy CRC:ik Enclosures MAR - 4 2004 Southold Town Planning BoarO y - Revised January 9, 2004 March 26, 2002 CONSTRUCTION COST ESTIMATE Prepared for Cove Beach Estates at East.Marion, T/O Southold, New York Item Item Description Qty. & Unit Unit Price Total 1, Clearing & Grubbing 5.6 Acres $2,500.00 $14,000.00 2 Rough Grading / Uncl. Excavation 9,500 C.Y. $2.0.0 $19,000.00 3 Belgian Block Curb 580 L.F. $10.00 $5,800.00 4 Fine Grading 13,000. S.Y. $1.50 $19,500.00 5 Catch Basin 26 Each $2,000.00 $52,000.00 6 Dmg. Manhole w/Solid Cover to Grade 0 Each $1,500.00 $0.00 7 Leaching Pool - 10' Dia." 831 V.F. $250.00 $2071750.00 . 8 Drainage Pipe -24" Dia. 0 L.F. $30.00- $0.00 9 Drainage Pipe - 18" Dia. 288 L.F. $25.00 $7,200.00 10 Draiange Pipe - 15" Dia. 910 L.F. $20.00 $18,200.00 11 Pipe-End`Sect. -24" 0 Each $500.00 $0.00 12 3/44" Stone Blend'or RCA Base 985 C.Y. $30.00 $29,550.00 13 Asphalt Binder.Course -.2 1/2" 1,304 Tons $60.00 $78,240.00 14 Asphalt Wearing Course - 1 1/2" 782 Tons $60.00 $46,920. 00 15.. Concrete Driveway Apron 100 S.Y: _ $25.00 $2,500.00 16 Street Light 3. Each $2,000.00 $6,000.00 17 Concrete.Survey Monuments 25 Each $100.00, $2,500.00 18 Topsoil.& Seed 14,825 S.Y. $2.00 $29,650.00 19 Street Sign 4 Each $200.00 $800.00 20 Fire Well 2 Each. $15,000.00 $30,000.00 21 Maint. & Protection of Traffic Lump Sum Lump Sum $3,000:00 Sub-Total = $572,610.00. + 6 % Administration Fee = $34,356.60. TOTAL = $606,966.60 D E MAR — 4 2004 Southold Town Planning Board PLANNING BOARD MEML_.__a O�QSUFfO(�'C� P.O. Box 1179 JERILYN B.WOODHOUSE G Chair yJ.� Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 RILLIAMCHARD CCREME O v, Telephone (631) 765-1938 WILLIAM J.CREMERS G KENNETH L.EDWARDS Fax(631) 765-3136 �� MARTIN H.SIDOR �0.� `�►a PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 4, 2004 Cynthia Goldsmith, Secretary East Marion Fire District P.O. Box 131 East Marion, New York 11939 Dear Ms. Goldsmith: Enclosed please find one (1) site plan/survey, dated October 31,2003, for the Site Plan/Subdivision for Cove Beach Estates, North side of Route 25, East Marion. SCTM# 1000-22-3-9.1,18.1, 18.7 and 18.8. i O The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether firewells are shallow or electric. O The enclosed subdivision is being referred to you for your recommendation at to whether any firewells are needed. Please specify whether firewells are shallow or electric. Thank you for your cooperation. Very truly yns, Mark Terry Senior Environmental Planner enc. FROM i FAX NO. t eb. 02 2003 04:25AM P1 5U/J� �a '� ri Prudential 000018 1r18iman Real Emote f.� 10200 mail,Rudd Wttltusk,NY 11952 { Bus 631 798-80!39 ,��,� ��,,,.J �C.,q,.rJ,uJ'F►'/ j�1�. www,prutleatialnillman.com 9,2004 To Whom It May Concenv Let it be Icnown that Cyr.]:aren Ptvxulig is working on the behalf of Come Beach Estates as a coordinating agent for pernii1ti11.i,,road contitruc:tion and utility instWation,Oct. W+ hereby grant permission for Mr. Duren pfctinig to review any and all documents as well as ce(3rdixlate Ell confitructiol,activities for Wove Beach Estates. Thank You. tt2o orabito E C E V E Prudential Douglas Elliman Real.I state Cell 516-•695-3433 F E B 1 0 2004 Southold Town D,,"Vri Pfennig Planning Boarr+ P.O. Box 1331 Mattituck,NYl 1952 . ...:..::..... ... . Office: 631-298-0234 raw 631-298-0235 Cell. 6,31••804.8088 rbAn indepe uie�,Uy w.»rno mnd op"ad"Cate'0 ilw Prude 141 RMI Fmwa PLANNING BOARD MEMBERS JERILYN B.WOODHOUSE �� 0�/y P.O. Box 1179 Chair = Town Hall,53095 State Route 25 o Southold, New York 11971-0959 RICHARD CAGGIANO CA Z � � � Telephone (631) 765-1938 WILLIAM J.CREMERS KENNETH'L.EDWARDS Fax(631) 765-3136 MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hail, Main Road, Southold, New York in said Town on the 8th day of March, 2004 on the question of the following: 6:00 p.m. Public Hearing for the proposed lot line change for Fishers Island Development Corp. and K. Louise Bogert. The parcels are located on Fishers Island, adjacent to (no #), unimproved FIDCO road, approximately 809 ft. off of East End Road, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-10-6-1.9,1.10, 2.3 and 3.1 6:05 p.m. Public Hearing for the proposed site plan f Jr Silver Nail Vineyards. The property is located 3,612' east of Peconic Lane, on tie north side of State Route 25, in Southold, Town of Southold, County of Suffolk, Stain of New York. Suffolk County Tax Map Numbers 1000-75-2-15.1 & 15.2 6:10 p.m. Public Hearing for the proposed amended major subdivision,Cove BeataN states, The property is located on the north side of NYS Route 25, 1,776' east of Stars Road in East Marion, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-22-3-9.1, 18.1, 18.7 and 18.8 6:15 p.m. Public Hearing for the proposed site plan for Daffodils Country Store. The property is located 832.77' west of Kenny's Road, on CR 48, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 59-9-30.4 Dated: 2/17/04 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, FEBRUARY 26, 2004 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Feb-23-04 Ol t49P tiyiesfreview 631{2983287 P.01 t FEB. 23. 2004 2.50PM IUTHCLD SUFER4`ISORS N0 471 F. 1 P.O. Box 1179 53095 Route 26 wn Southold, NY 1197'1 ' ld � Phone: (631)765-11038 ' ' Fax: (U31)705-3136 E-Mail: planningGsouthold.org Fm tw. The Suffolk,Times Fri: Valerie Sowwcarol FM wages: 2 PhD= Dam 2/17104 Re; Legal Au for 2/26103 Edition ccl _ Urgent For Revlew Please Coy MMA Please RoFly As RequmMml please print the following legal ads In the 2126104 edition.Thanks. -VU64 Regular Meeting: !�:00 p.m. FIDCO/Sagert Lot Line Change 6:06 p.m. Silver Nail Vineyards Site Plan 6:10 p.m. Cave Beach Estates Amended Major Subdivision 6:15 p.m. Daffodils Country Store Site Plan Kindly acknowledge receipt by signing below and faxing cover letter back. Received by: Date: p, PLANNING BOARD MEMBERS JERILYN B.WOODHOUSE P.O. Box 1179 Chair C y� Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 RICHARD CAGGIANO v, • Telephone (631) 765-1938 WILLIAM J.CREMERS G Fax(631) 765-3136 KENNETH L.MARTIN H.S DS IDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 8th day of March, 2004 on the question of the following: 6:00 p.m. Public Hearing for the proposed lot line change for Fishers Island Development Corp. and K. Louise Bogert. The parcels are located on Fishers Island, adjacent to (no #), unimproved FIDCO road, approximately 809 ft. off of East End Road, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-10-6-1.9,1.10, 2.3 and 3.1 i i Dated: 2/17/04 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, FEBRUARY 26, 2004 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The New London Day Soil-, by: THE DAY CLASSIFIED 8(jU 442 b443; U2/23/2UU4 11 :aU; VUy; Hage 1/1 M@401VE�Q3 �i'1 t/:A t.J;Ju � ; 1 f�•;-s l•1't!fi' lJlit VLM091''Li,'.AJ� I�n.ff � �uum � FROM SOUTHOLD TOWN PLANNIm 19(n0D ::..:::Kok N0; : 531 765 306 Feb. 17 2004 03:5rJf'M P1 P.O. Box 1179 53095 Route 25 SoUthaid, NY 11971 • • • Phone: (631) Planning Board Fax: (631)7f 5-3136 Tot The Day Publi It wig; a.;;.:• : Prom: Valerie 5copaz/carol s;sx- 860/442-5443 aoeue 2 Phones 860/442W2200 ost 2/17/04 Itm Legal Ad for 2/26/t 9dition cc: UMent For ReV116AW':;?'::::0kk"*`*6"V W a Pleas!Reply As Requested Please print the folloWrq ftg ad in Your 2/26104 edition. thanks. 6;00 p.m. Fishers 'sland'-GdWlbpni6ht Corp./K. Louise 80"rt lot Line Change l Kindly acknowledgQ'Iro,66j t#0 sIjhIng below and faxing cover letter back. Received by: ....�..i�:� •::f::LJliir;)rr:.::.::.:uwi::�.tu.:.:.ayy,v a:r.•.:f�::'-.�'L!:.�::'M�...n................... ......:f.•Jlt.��Y'w:HN'.+We:xe:MtiMstYiL'MM�s�wx.�msrt�..o��...rvryr�.rzrwxwvin:aax.;,:xvr_�.::•v..m..._.........,.�,._......... .. ... .... ....._.......................�...,.....�...._............... PLANNING BOARD MEMBERS Q��S11FF0(,�co P.O. Box 1179 JERILYN B.WOODHOUSE G Chair y1 Town Hall, 53095 State Route 25 c y Southold, New York 11971-0959 RICHARD CAGGIANO y, Telephone (631) 765-1938 WILLIAMJ.CREMERS G Fax(631) 765-3136 KENNETH L.EDWARDS Q MARTIN H.SIDOR ��! `?►� PLANNING BOARD OFFICE TOWN OF SOUTHOLD . LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article -- ---- XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 8th day of March, 2004 on the question of the following: 6:00 p.m. Public Hearing for the proposed lot line change for Fishers Island Development Corp. and K. Louise Bogert. The parcels are located on Fishers Island, adjacent to (no #), unimproved FIDCO road, approximately 809 ft. off of East End Road, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-10-6-1.9,1.10, 2.3 and 3.1 6:05 p.m. Public Hearing for the proposed site plan for Silver Nail Vineyards. The property is located 3,612' east of Peconic Lane, on the north side of State Route 25, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-75-2-15.1 & 15.2 6:10 p.m. Public Hearing for the proposed amended major subdivision Cove Beach Estates. The property is located on the north side of NYS Route 25, 1,776' east of Stars Road in East Marion, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-22-3-9.1, 18.1, 18.7 and 18.8 6:15 p.m. Public Hearing for the proposed site plan for Daffodils Country Store. The property is located 832.77' west of Kenny's Road, on CR 48, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 59-9-30.4 Dated: 2/17/04 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 18th day of February, 2004 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 3/8/04 Regular Meeting: 6:00 p.m. Public Hearing for the proposed Lot Line Change for Fishers Island Development Corp. and K. Louise Bogert SCTM#s1000-10-6-1.9, 1.10, 2.3 & 3.1 6:05 p.m. Public Hearing for the proposed Site Plan of Silver Nail Vineyards SCTM#s1000-75-2-15.1 & 15.2 6:10 p.m. Public Hearing for the proposed Amended Major Subdivision Cove Beach Estates SCTM#1000-22-3-9.1, 18.1, 18.7 & 18.8 6:15 p.m. Public Hearing for the proposed Site Plan for Daffodils Country Store SCTM#1000-59-9-30.4 Carol Kalin c/ Secretary, Southold Town Planning Board Sworn to before me this a day of C-Z"A 1 2004. M � Notary Public T OZ`a 4omnN saii&3 weal I4unoo mlogns ui paiplunp E060ZO900 LO'oN 3POA MON}o alaLS`onand AUVIO14 NHOa'W VONAI STATE OF NEW YORK) i )SS: COUNTY OF S,,, FOLK) i f Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 26th day of February , 2004. Principal Clerk a� Sworn to before me this day of 2004 U� CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK — --� No. 01-V06105050 Qualified In Suffolk County Commission Expires February 28, 2M o j�C of the` P7otyi+ f Sb bh ieann w slaleldbyt ouial'lannuig Ward a e"l�o�vn iail� Maui Road; Ilrt � �o� �, Ges�on I �j �•TS A ..:.K'i'Y'Ml SY Y . 6`�P m Pahhc Hearing#prfjE "Po 11n1� htgox Lttsl��ra7s�and ag } e arts . located on �s P� Q aas ro atgi�809 v IlSout}(old, �` lyc, State of S�✓'` orko� Sax`M8p IN and dh' It 6 05a � efi4} u#lid pm 1 ��os�tf & .r�� trf�U�r''•a�ve� Nail �eYar��`,a �3�0� Ys rlocated 4 . 612 1 ' P I�um6eFs�0bfl 73 2 Pe Js�t 4dl ,jhsto dove #b, I 4 1. 1eo� 1 i�e 1k.Q aa 99� 2l 3 ippq �d site p `4r Cn1 t#y . 21 g. C"otuttY' 9WW. y ......... ...... ti �s ... .YI'!f1.i]*1�Ylt�lini:4.�r..i•.....�...�__: ti... ' PLANNING BOARD MEMBERS p 0. Box 1179 JERILYN B.WOODHOUSE .� �/ Chair c y� Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 RICHARD CAGGIANO �. + Telephone (631) 765-1938 WILLIAM J. CREMERS �� �`� Fax(631) 765-3136 KENNETH L.EDWARDS �O MARTIN H.SIDOR �� a PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 10, 2004 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, New York 11901 RE: Proposed Major Subdivision for Cove Beach Estates Located on the north side of NYS Route 25,1000' east of Kayleigh's Court in East Marion SCTM#1000-22-3-9.1,18.1, 18.7 & 18.8 Zone: R-80 Dear Mr. Cuddy: The Southold Town Planning Board, at a meeting held on Monday, February 9, 2004, adopted the following resolution: WHEREAS, the applicant proposes to subdivide a 104.40 acre parcel into 12 lots; and WHEREAS, the Peconic Land Trust holds a Conservation Easement on 100.60 acres of the 104.40 acres; and WHEREAS, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law, acting under the State Environmental Quality Review Act, established itself as lead agency for the action on March 10, 2003; and WHEREAS, on October 15, 2003, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, Part 617, Article 7, made a determination of non-significance and granted a Negative Declaration; therefore be it RESOLVED that the Southold Town Planning Board set Monday, March 8, 2004, at 6:10 p.m. fora preliminary public hearing on the maps as revised, October 31, 2003. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign will need to be picked up at the Planning Board Office, Southold Town Hall. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday, March Cove Beach Estates — Page Two — 2/10/04 5th. The sign needs to be returned to the Planning Board Office after the public hearing. Please contact this office if you have any questions regarding the above. Very truly yours, erilyn B. Woodhouse Chairperson encl. cc: Melissa Spiro, Land Preservation Coordinator Southold Town Planning Board Notice to Adiacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a major subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#s1000-22-3-9.1, 18.1, 18.7 & 18.8; 3. That the property which is the subject of this application is located in the R-80 Zoning District; 4. That the application is for 12 lots on 104.4 acres located on the north side of NYS Route 25, 1776' east of Stars Road in East Marion; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, March 8. 2004 at 6:10 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner's Name(s): Cove Beach Estates, LLC Date: 2/13/04 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 3/5/04 **************************************************************************************************** Re: Proposed Major Subdivision Cove Beach Estates SCTM#s: 1000-22-3-9.1, 18.1, 18.7 & 18.8 Date of Hearing: Monday, March 8, 2004, 6:10 p.m. NOTICE OF PUBLIC HEARING § 68-1 Chapter 58 NOME OF PUBLIC HEARING § 58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] 58-1. Providing notice of public hearings. Whenever the Code calls for a public ]nearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon.The board or commission reviewing an application shall provide for the giving of notice: A. By-causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. 'By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts,.giving notice of the•application, the nature of the approval sought thereby and the time and place of the•publio hearing thereon, The sign shall be set back not more than ten (10) feet from the property lice. The sign shall be 'displayed for a period of not less than seven 0) days immediately preceding the date .of•the public hearing. Tbe... liggnt or,his/bar agent shall file an aflidavit.that s/he has complied with this provision. C. By requiring the'applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street. 5801 t-26-M § 58-1 SOUTHOLD CODE from the property included in the application. Stich notice. shall be made by certified mail, return receipt requested, posted at least seven (7)days prior to the date of the initial public hearing on the application and addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or agent shall file an affidavit that s/he has complied with this provision. 5802 COVE BEACH ESTATES , LLC COVE BEACH ESTATES 1 000 -22 -3 -9 . 1 3 18m 1 & 1 8 . 7 & 18m8 Proposed major subdivision for 12 lots on 104.4 acres . 4VIONE - MARCH 8 , 2004 - 6 : 10 P . M . PLANNING BOARD MEMBERS o��$UFFU�,�co p 0.Box 1179 JERILYN B.WOODHOUSE G Chair C y� Town Hall, 53095 State Route 25 CA Southold, New York 11971-0959 RICHARD CAGGIANO Wy, • Telephone(631) 765-1938 WILLIAM J.CREMERS Fax(631) 765-3136 KENNETH L. DS MARTIN H.SIDOR ���! `1►aO� PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Patricia Finnegan, Town Attorney From: The Planning Board Date: March 2, 2004 Re: Draft Road and Maintenance Agreement for the Major Subdivision of Cove Beach Estates: SCTM# 1000-22-3-9.1; 18.1; 18.7 & 18.8 The Planning Board has reviewed the proposed Draft Road and Maintenance Agreement. The Planning Board has no comment. Please review for legal application. Cc: Kieran Corcoran, Assistant Town Attorney CHARLES R.CUDDY � ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK. Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net January 29, 2004 Mr. Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Cove Beach Estates - Subdivision SCTM#1000-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Terry: In connection with your letter of January 23, 2004, we are enclosing a draft of Road Maintenance Agreement. Should you require any additional information, please contact the undersigned. Very truly yours, OZIA�- e)i�Z' CRC:ik Charles R. Cuddy Enclosures D . . Southold Boa� Planning DECLARATION THIS Declaration ("Declaration") is made this day of , 2003, by Cove Beach Estates, LLC hereinafter referred to as 'Declarant," and by Ocean Point Development Corp. as owner of the road which services the 5 lot subdivision adjoining the Cove Beach Estates land. WHEREAS, the Declarant is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000, Section 22,Block 3, and Lots 9.1 and 18.7, 18.8 and p/o 18.1 and Ocean Point Development Corp. is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000 Section 22 Block 3 p/o Lot 18.1, and with the 5 lots known and designated on the Suffolk County Tax Map as District 1000 Section 22 Block 3 Lots 3, 28, 29, 30 and 31. WHEREAS, Declarant has made an application to subdivide the Cove Beach real property into twelve (12) lots, as shown on the subdivision map of Cove Beach Estates, LLC prepared by Young & Young, and WHEREAS, Declarant desires to provide for maintenance and management of the roadway which provides ingress and egress to the 12 Cove Beach subdivision lots and will provide access to the adjoining 5 lot subdivision on the west, (together referred to as the "subdivision lots"); NOW,THEREFORE, for purposes of carrying out the intentions above expressed and in consideration of the foregoing recitals, the Declarant hereby covenants and agrees that the subdivision lots shall hereafter be subject to the covenants and restrictions as herein cited. All the provisions of this Declaration shall operate as covenants running with the land and shall be binding upon all purchasers and holders of the subdivision lots, their heirs, successors and assigns, to wit: A. ROAD DESIGN AND CONSTRUCTION The Cove Beach subdivision.roads shall be located as shown on the subdivision map and shall be paved to a width of 16 feet and run a distance of approximately 5,000 feet. Title to the roads known as Cove Beach Drive and Stoney Beach Road, shall remain with Cove Beach Estates, LLC its successors or assigns with its use subject to this Declaration, and title to the road known as Stoney Beach Drive Extension shall remain with Ocean Point Development Corp. its successors or assigns subject to this Declaration. B. MAINTENANCE AND MANAGEMENT OF ROADS 1. The owners of each of the subdivision lots hereby covenant and agree that Cove Beach Estates, LLC (hereinafter referred to as Cove Beach Estates) through its agent with the agent being designated in writing by Cove Beach Estates, and with the initial agent being Enzo Morabito, shall manage, administer, maintain and operate the subdivision roads in accordance Page 1 of 4 with the provisions of this Declaration. Cove Beach Estates through'iCss agent hereby agrees to provide year-round management of the road as a right-of-way in accordance with normal, customary and responsible management practices, which practices include but are not limited to: a. The routine maintenance of the roads, including but not limited to, litter collection, snow removal and repair of the pavement as necessary to keep the road in good working order. b. The use of agents, subcontractors or employees deemed by Cove Beach Estates to be reasonably necessary to carry out its responsibilities under this Declaration. 2. Cove Beach Estates agrees to maintain in effect at all times a policy of public liability insurance having a face amount of not less than $1,000,000. All costs for such insurance shall be considered as part of the Management Costs as stated in Paragraph C, below. 3. In addition to the insurance provided above, Cove Beach Estates shall be named an additional insured on individual homeowner policies for each of the lots, and each homeowner shall maintain liability insurance of not less than $1,000,000. C. MANAGEMENT COSTS 1. Cove Beach Estates, through its agent, in its sole discretion, shall: a. Prepare an annual budget and except as to Lots 1 I and 12 apportion to the subdivision lot owners an equal share of the costs of managing the road on a yearly basis (hereinafter referred to as "Maintenance Costs") including, but not limited to, the costs of administration, taxes, insurance, maintenance, repair, and a reserve fund fee. All maintenance costs shall be paid within thirty (30) days of the mailing of the "Maintenance Costs" statement. Owners of lots 1 1 and 12 shall each pay 25% of a share as assessed to the ten (10) lots owners. b. Maintain a "Reserve Fund" for extraordinary repair and replacement of the roads. Money for the Reserve Fund shall be held and accounted for separately from the general funds. The Annual Reserve Fund fee for each lot shall be computed by totaling the estimated payments from each of the Lot Owners necessary to reach the amount necessary to replace the road over a fifteen (15) year period. Likewise the owners of lots 1 1 and 12 shall each pay 25% of one (1) share. c. In the event that unforeseen extraordinary expenses arise and sufficient funds are not available in the above described Reserve Fund, Cove Beach Estates may recommend a special assessment which must be approved by a simple majority of all Lot Owners. All Lot Owners so assessed shall be obligated to promptly pay the amount of the Special Assessment to Cove Beach Estates. D. PERMITTED AND PROHIBITED USES 1. Declarant hereby declares that the roads shall be used by the Lot Owners, their guests and invitees subject to the following restrictions: Page 2 of 4 r L a. When instaning, maintaining, or otherwise servicing-utility and service lines, Lot Owners shall have their respective agents, employees, contractors and subcontractors, and other representatives (1) use reasonable care not to damage the road; (ii) minimize the disturbance of shrubbery or other vegetation along the road; and (iii) upon completion of repair or maintenance, restore the road substantially to the same condition as existed at the time of commencement of the work. b. The road shall not be used for the dumping or abandoning of any solid waste or debris on or along its length. c. No construction or installation of any structures of any kind, permanent or otherwise(including, but not limited to, gates), may be made without prior written consent of Cove Beach Estates. d. No construction or installation of any structures and/or landscaping which serve to impede sight lines along, entering upon, or existing from the road may be made. e. No alternation or modification of the road, once constructed, will be permitted without prior written consent of Cove Beach Estates. E.TERMS OF PAYMENT 1. All Maintenance Costs, Reserve Fund fees, and Special Assessments as detailed above shall be billed to the Lot Owners in their proportionate share and shall be required to be paid within thirty(30) days after the date of the "Maintenance Costs" statement is mailed by Cove Beach Estates. 2. The Lot Owners shall comply with the terms of this Declaration. In the event that any Lot Owners fails to comply with the terms set forth herein within thirty(30) days after notice of violation is given by Cove Beach Estates, then Cove Beach Estates shall have the right and power to enforce by any action or proceeding at law or in equity, all the terms of this Declaration including but not limited to obtaining a judgment for the sum owing, including costs and reasonable attorneys' fee to collect the sum or sums owing. F. MISCELLANEOUS 1. If any section, subsection, paragraph, clause, phrase, or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional-'.' 2. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein, and they are deemed to be incorporated herein and made a part hereof as though fully set forth. 3. The within Declaration shall run with the land and shall be binding upon the declarant, his heirs, successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises. Page 3 of 4 T J i 4. All notices required under this Declaration shall be mailed to the Lot Owners' addresses rather than to the property addresses unless other arrangements have been made by the Lot Owner. Notice shall be deemed effective when mailed. 5. In the event that the Declarant is no longer in title to any portion of the subdivision, then, in the event, notice shall be given to the then owners of the lands making up the subdivision by mailing said notice to their addresses shown on the current Town tax rolls. IN WITNESS WHEREOF,the Declarant has executed this Declaration the day and year first above written. Declarant: Cove Beach Estates, LLC By: Raoul J. Witteveen/President/Member STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) On the day of 2003, before me, the undersigned, personally appeared Raoul J. Witteveen, 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 sarne in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 4 of 4 S'111-3,= CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing;Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net January 16, 2004 Mr. Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Cove Beach Estates - Subdivision SCTM#1000-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Terry: We are enclosing two (2) prints of the Final Plot of Cove Beach Estates which have been endorsed with the approval of the Suffolk County Department of Health Services. We would like to have a final hearing as soon as possible. Very truly yours, Charles R. Cuddy CRC:ik Enclosures JAN 3 0 2004 Southold Town Planning Boarr� i ry: r PLANNING BOARD MEMBERS o�QSki 01 �cO P.O. Box 1179 JERILYN B.WOODHOUSE G � Town Hall, 53095 State Route 25 Chair o y y Southold, New York 11971-0959 RICHARD CAGGIANO • Telephone (631) 765-1938 WILLIAM J. CREMERS O KENNETH L.EDWARDS Fax(631) 765-3136 Q MARTIN H.SIDOR �1 `t►a PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 23, 2004 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, New York 11901 RE: Proposed Major Subdivision of Cove Beach Estates Located on the north side of NYS Route 25 in East Marion SCTM#1000-22-3-9.1, 18.1,18.7 and 18.8 Zone: A-C Dear Mr. Cuddy: The Office of the Town Engineer has approved the Road and Drainage Plan submitted on November 6, 2003. The Southold Town Planning Board is requesting the following items to continue review of the above reference application: 1. An updated bond estimate for the reconfigured road configuration. 2. If road is proposed to remain private, a draft Road Maintenance Agreement. If you have any questions please contact me at 765-1938 ext. 243. Sincerely, Mark Terry" Senior vironmental Planner i - " JOSHUA Y. HORTONG�� DAMES A. RIGHTER, R.A. SUPERVISOR y ENGINEER TOWN HALL - 53095 MAIN ROAD 29 TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (516)-765-1366 y�O! �aQ� Tel.(516)-765-1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD December 19, 2003 Bennett Orlowski, Jr. Chairman - Planning Board D E C V nn E Town Hall, 53095 Main Road Southold, New York 11971 DEC 19 2003 Re: Cove Beach Estates— East Marion SCTM#: 1000-22-3 -9.1,18.1,18.7,18.9 Southold Town Dear Mr. Orlowski: Planning BoaM As per your request, I have reviewed the Road & Drainage plan for the above referenced project. Due to the nature of the site and the proximity of the proposed road to adjacent wetlands,the Department of Environmental Conservation has mandated that all storm-water runoff be treated with individual leaching pools and drainage structures located within the right-of-ways delineating the proposed road system. Due to the overall size of the site,the Town Code requires the installation of recharge basins that would contain a 6"rainfall. Because of the DEC requirement and the fact that the proposed road runs primarily through open space, it would seem reasonable to design for a 2"rain-fall that would be contained within a leaching pool system in the road shoulder areas. As designed,the proposed road and drainage system shown on the plan is considered adequate and meets the minimum requirements of the Town Code. Bond estimates should be obtained from the applicant and submitted for review. This estimate should include all construction items required by code for review. If there is a question as to weather an item can be omitted from the final bond, it will be the Planning Board who would then decide which items may be deleted. If you have any questions regarding this review, please contact my office. Si erely, r ames A. Richter, R.A. cc: Peter Harris (Superintendent of Highways) 1 NING PLAN NNETBOARD MEMRBERS O�OSUFFO(�COG p.O. Box 1179 Chairman Town Hall, 53095 State Route 25 C coo Southold, New York 11971-0959 RICHARD CAGGIANO v, • Telephone (631) 765-1938 O WILLIAM J.CREMERS KENNETH L.EDWARDS y Fax(631) 765-3136� fit` MARTIN H.SIDOR �,( `1►a PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Jamie Richter/Town Engineer From: Mark Terry, Senior Environmental Planner Date: November 13, 2002 Re: Cove Beach Estates—East Marion SCTM# 1000-22-3-9.1, 18.1, 18.7, 18.8 Enclosed please find the Road and Drainage plans for Cove Beach Estates dated October 31, 2003. I have not yet received a draft cost estimate for improvements. Note the attached DEC letter regarding drainage stipulations (attached). If you have any questions please give me a call at extension 243. JW York State D� ir,=. ent of Environmental C�:„.gym fation r Division of Environmental Permits, Region One Building 40 -SUNY, Stony Brook, New York 11790-2356 Phone: (631)444-0365 • FAX: (631)444-0360 Website: www.dec.state.ny.us Erin R—Grotty Commissioner Enzo Morabito, Manager, North Fork ©CLober 2 T,200 Prudential Long Island Realty 53345 Main Rd. -PO Box 1145 Southold Town Planning Board Southold,N.Y. 11971 Re: Application# 1-4738-03150/00001 Cove Beach Estates East Marion SCTM# 1000-22-3-9.1,18.1,18.7 & 18.8 Dear Mr. Morabito: I am writing to follow up our meeting of this morning on the referenced application for Tidal Wetlands and Freshwater Wetlands approval for the Cove Beach Estates residential subdivision. You submitted a copy of the State Environmental Quality Review Negative Declaration issued by the Town of Southold Planning Board on October 14, 2003 and a copy of the September 2, 2003 report of the re3ults of the rare, threatened and endangered plant reconnaissance conducted by the Gibney Design Group. You also provided a print of the road and drainage plan for the project which de is the alignment and design of the access roadway. The new alignment closely is two significant changes y . on the site and reduces the amount of clearing on Open Space ar,el A and i ,therefore, an improvement dway However, this design also includes the construction of a large drainage pond on Open Space Parcel B, which contains regulated freshwater wetlands and is supposed to remain undisturbed. The Department of Environmental Conservation will not approve the construction of a pond or any other drainage structures on Open Space Parcel B,because the disturbance is certain to degrade the sensitive freshwater wetlands, which consist of a complex of small, glacial ponds. The stormwater from the access road must be accommodated elsewhere on the site, outside of the two open space parcels. We suggest installing a series of leaching catch basins along the length of the road. Please submit six sets of the road and drainage plan revised to eliminate the proposed drainage pond on Open Space Parcel B and show an acceptable alternate design for-the drainage system..Please be certain that the revised set of drawings includes the profile and section drawings for the new road alignment and details for the selected drainage structures. An additional unresolved item involves the stake out of the proposed development on Lot 10. In my May 6, 2003 letter to Thomas Wolpert,P.E. of Young& Young Surveyors, I asked for an explanation of what is represented by two stakes numbered "8019" and "8020" we found on lot 10 in addition to the stakes labeled "building envelope" and a drawing of lot 10 which shows the locations of all four stakes. No response has been received to date. Lastly, you were issued the Department's Notice of Complete Application for the project. This notice must be published once during the week of October Z7, 2003 in the Town of Southold's official local newspaper for the East Marion area as described in the instructions included with the notice. 1 Enzo Morabito October 21, 2003 Page 2 Please be certain to obtain an affidavit of publication from the newspaper for submission to the undersigned as soon as it is available. The Department will publish the same notice in our electronic Environmental Notice Bulletin. I can be reached at(631)444-0371 if you have any questions or need to discuss these requirements. Thank you for your attention in this matter. Very Truly Yours, George W. Hammarth -Deputy Regional Permit cc: Thomas Wolpert,P.E. -Young&Young Administrator Mark Terry- Southold-T Planning Dept. file / k CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net November 6, 2003 Mark Terry, Town Planner Southold Town Planning Department C E E Town Hall D 53095 Route 25 P.O. Box 1179 NOV _ 7 2003 Southold, NY 11971 Re: Cove Beach Estates Southold Town SCTM# 1000-22-3-9.1,18.1,18.7&18.8 Planning Board Dear Mr. Terry: Enclosed are two copies of the Final Plat and two copies of the Final Road and Drainage Plan for your review. We are awaiting the Health Department's approval. Very truly yours, Charles R. Cuddy CRC:ik Enclosures THIS IS NOT A PERMIT \ New York State Department'of Environmental_Conservation.,, . Notice.of Complete.Applieation Date 10/21/2603,. . _ Applicant: COVE BEACH ESTATES LLC C/O INTERPOOL INC 633 THIRD AVE 17TH FLOOR NEW YORK,NY 10017 Facility: COVE BEACH ESTATES LLC PROPERTY N/S MAIN RD APPROX 1000' EAST OF KAYLEIGHS CT SCTM 1000-22-3-9.1 18.1 18. EAST MARION,*TV 17 11939 Application ID: 1-4738-03150/00001 E C E � V E Permits(s)Applied for: 1 -Article 24 Freshwater Wetlands ® 11 1 -Article 25 Tidal Wetlands OCT 2 3`2003, Project is located: in SOUT14OLD in SUFFOLK COUNTY Southold Town Project Description: Planning Board Applicant proposes to subdivide a 104.4 acre parcel with frontage on Long'Islanct Soundand Dam Pond into 12 lots and construct a cul-de-sac access road. The proposed lots.will range from 1.7 acres to 9.2 acres in area and will be sold for future,residential development. Two reserved areas of open space measuring 19.3 and 41.2 acres, respectively;are also proposed. The site is"located on the north side of Main Road, approximately 1000 feet east of Kayleigh's Court in East Marion. SCTM# 1000-22-3-lots 9.1,18.1,18.7,18.8. State Environmental Quality Review(SEAR)Determination Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other involved agencies was performed and a Negative Declaration is on file. SEQR Lead Agency Southold Town Planning Board State Historic Preservation Act(SHPA)Determination A cultural resources survey has been completed. The report of the survey is on file. No archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required. Availability For Public Comment Contact Person Comments on this project must be GEORGE W HAMMARTH submitted in writing to the Contact NYSDEC Person no later than 11/14/2003 SUNY @ STONY BROOK BUILDING 40 STONY BROOK,NY 11790-2356 (631)444-0365 CC List for Complete Notice Chief Executive Officer COVE BEACH ESTATES LLC THOMAS WOLPERT ENB File Ne 1..r York Mate Depa[ __dent of Environmental Cons ration Division of Environmental Permits, Region One Building 40 -SUNY, Stony Brook, New York 11790-2356 Phone: (631)444-0365 • FAX: (631)444-0360 Website: www:dec.state.ny.us Now Erin M:Crotty (� Commissioner ®C� 2 ?003 ctober 21, 200 Enzo Morabito,Manager,North Fork Prudential Long Island Realty Southold Town 53345 Main Rd. -PO Box 1145 Planning Board Southold,N.Y. 11971 Re: Application# 1-4738-03150/00001 Cove Beach Estates East Marion SCTM# 1000-22-3-9.1,18.1,18.7 & 1.8.8 Dear Mr. Morabito: I am writing to follow up our meeting of this morning on the referenced application for Tidal Wetlands and Freshwater Wetlands approval for the Cove Beach Estates residential subdivision. You submitted a copy of the State Environmental Quality Review Negative Declaration issued by the Town of Southold Planning Board on October 14, 2003 and a copy of the September 2, 2003 report of the results of the rare,threatened and endangered plant reconnaissance conducted by the Gibney Design Group. You also provided a print of the road and drainage plan for the project which depicts two significant changes in . the alignment and design of the access roadway. The new alignment more closely follows the existing roadway on the site and reduces the amount of clearing on Open Space Parcel A and is, therefore, an improvement. However, this design also includes the construction of a large drainage pond on Open Space Parcel B,which contains regulated freshwater wetlands and is supposed to remain undisturbed. The Department of Environmental Conservation will not approve the construction of a pond or any other drainage structures on Open Space Parcel B,because the disturbance is certain to degrade the sensitive freshwater wetlands,which consist of a complex of small, glacial ponds. The stormwater from the access road must be accommodated elsewhere on the site, outside of the two open space parcels. We suggest installing a series of leaching catch basins along the length of the road. Please submit six sets of the road and drainage plan revised to eliminate the proposed drainage pond on Open Space Parcel B and show an acceptable alternate design for the drainage system.Please be certain that the revised set of drawings includes the profile and section drawings for the new road alignment and details for the selected drainage structures. An additional unresolved item involves the stake out of the proposed development on Lot 10. In my May 6,2003 letter to Thomas Wolpert,P.E. of Young&Young Surveyors, I asked for an explanation of what is represented by two stakes numbered "8019" and "8020" we found on lot 10 in addition to the stakes labeled "building envelope" and a drawing of lot 10 which shows the locations of all four stakes.No response has been received to date. Lastly, you were issued the Department's Notice of Complete Application for the project.This notice must be published once during the week of October 2`7, 2003 in the Town of Southold's official local newspaper for the ZD East Marion area as described in the instructions included with the notice. Enzo Morabito October 21, 2003 Page 2 Please be certain to obtain an affidavit of publication from the newspaper for submission to the undersigned as soon as it is available. The Department will publish the same notice in our electronic Environmental Notice Bulletin. I can be reached at(631)444-0371 if you have any questions or need to discuss these requirements.Thank you for your attention in this matter. Very Truly Yours, George W.Hammarth -Deputy Regional Permit Administrator cc: Thomas Wolpert,P.E. -Young&Young / Marls Terry- Southold-T Planning Dept.✓ file / 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently,there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data,it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: '®Part 1 Part 2 Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate),and any other supporting information,and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: ■E A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. 013. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions MAJOR SUBDIVISON OF COVE BEACH ESTATES-EAST MARION Name of Action TOWN OF SOUTHOLD PLANNING BOARD Name of Lead Agency BENNETT ORLOWSKI JR. CHAIRMAN Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer i ure of Responsible Office�inLe d gency Signa of Pre er (If dill nt fro onsible officer) OCTOBE 15,2003 website Date Page 1 of 21 PLANNING BOARD MEMBERS P.O. Box 1179 BENNETT ORLOWSKI,JR. =�Q Gyp Chairman Town Hall, 53095 State Route 25 Southold, New York 11971-0959 RICHARD CAGGIANO cooy • Telephone (631) 765-1938 WILLIAM J.CREMERS Fax(631) 765-3136 KENNETH L.EDWARDS Q MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 15, 2003 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, New York 11901 RE: Proposed Major Subdivision for Cove Beach Estates Located on the north side of NYS Route 25 in East Marion,1000' of east of Kayleigh's Court in East Marion SCTM#1000-22-3-9.1,18.1, 18.7 & 18.8 Zone: R-80 Dear Mr. Cuddy: The Southold Town Planning Board, at a meeting held.on Tuesday, October 14, 2003, adopted the following resolution: WHEREAS, the applicant proposes to subdivide a 104.40 acre parcel into 12 lots; and WHEREAS, the Peconic Land Trust holds a Conservation Easement on 100.60 acres of the 104.40 acres; and WHEREAS, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law, acting under the State Environmental Quality Review Act, established itself as lead agency for the action on March 10, 2003; and WHEREAS, the New York Department of Environmental Conservation, in a May 6, 2003, letter, identified several concerns with the proposed action; and WHEREAS, the Planning Board has contacted Mr. George Hammarth of the New York State Department of Environmental Conservation and all concerns have been satisfied; and WHEREAS, an Archaeological Reconnaissance Survey was conducted upon all building envelopes with no remarkable findings; and c Cove Beach Estates — Page Two — 10/15/03 WHEREAS, on July 21, 2003, the Planning Board mandated that an Endangered and Threatened Vegetation Survey be conducted for the areas identified through the Natural Heritage Program upon Lots 1, 2 and 10; and WHEREAS, on September 26, 2003, the applicant has provided the results of such survey indicating that the listed species were not identified and "will not be found in the dense invasive growth" of the areas sampled; therefore be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, Part 617, Article 7, makes a determination of non- significance and grants a Negative Declaration on the application. A copy of the Negative Declaration is enclosed for your records. If you have any questions, please do not hesitate to call. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman encl. cc: Melissa Spiro, Land Preservation Coordinator 4 PLANNING BOARD MEMBERS SVFFO�� BENNETT ORLOWSKI,JR. �Q�O CMG P.O.Box 1179 Chairman yJ.� Town Hall, 53095 State Route 25 o - Southold, New York 11971-0959 RICHARD CAGGIANO ccZ v. • � Telephone(631) 765-1938 WILLIAM J.CREMERS Fax(631) 765-3136 KENNETH L.EDWARDS y Q� MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant October 14, 2003 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 7 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed - action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Major Subdivision of Cove Beach Estates SCTM#: SCTM#1000-22-3-9.1,18.1, 18.7 & 18.8 Zone R-80 Location: Located on the north side of NYS Route 25 in East Marion' SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: The proposed action involves the subdividing of a 104.35 acre parcel into 12 lots for future single family residences ranging in area from 1.65 acres to 9.2 acres. The Peconic Land Trust holds a Conservation Easement on 100.60 acres of the 104.35 acres. Note that a Conservation Easement has been executed for Lots 1 through 12. The parcel includes frontage on Long Island Sound and Dam Pond. Dam Pond is a listed Critical Environmental Area designated pursuant to 617.14(g). The property is located n/o Main Road approximately 1000' east of Kayleigh's Court in East Marion SEQR Negative Declaration - Page Two Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed. In 1997 the Peconic Land Trust was deeded a Conservation Easement on SCTM# 1000-22-3-15.1 and 18.3. The Conservation Easement restricts the developable area of the property to 26.56 acres. Furthermore, the Conservation Easement imposes certain conditions upon the 26.56 acre developable area. The residual acreage (68.82) will remain as open space into perpetuity. A total of 10 lots are proposed for the 26.56 acres. Post the execution of the Conservation Easement, the Applicant has filed an amended subdivision plan with this office dated April 30, 2002 amending the location and size of the 10 lots. Agricultural uses as well as agricultural support structures are permitted on the 68.82 acres except within a 100' buffer around documented rare species that exist on-site. In addition, no removal of"healthy"trees is permitted within 50' of the top edge of the bluff. The determination was based upon the following: No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems are expected to occur if the propose action is implemented as planned. Although clearing will take place no significant removal or destruction of large quantities of vegetation or fauna is expected to occur. No substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; In response to the New York Natural Heritage Program identifying areas potentially containing endangered and threatened vegetative species within Lots 1, 2 and 10, the applicant performed an endangered and threatened vegetation survey of the area in July and August of 2003. No endangered or threatened vegetation were found within the study area. In addition, several rare species have been identified on-site. The areas where the rare species are located are included within the conservation easement areas. Therefore, no substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources will occur. The project is located adjacent to Dam Pond a listed Critical Environmental Area as designated pursuant to subdivision 617.14(g). t I SEAR Negative Declaration - Page Three The lot is currently wooded, and successional field. The proposed action will not result in the loss of agricultural lands and due to the conservation easements described above, significant area of open space. The proposed action is not in a siqnificant material conflict with a community's current plans or goals as officially approved or adopted. The proposed action is not expected to impair the character or quality of any known important historical, archaeological, architectural, or aesthetic resources or existing community or neighborhood character. An Archaeological Reconnaissance Survey was conducted upon all building envelopes with no remarkable findings No major change in the use of either the quantity or type of energy will occur. No creation of a hazard to human health is expected to occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Mark Terry, Senior Environmental Planner Address: Planning Board Telephone Number: (631) 765-1938 Enc. cc: Sherry Aicher, DEC Stony Brook Walter Hilbert, Suffolk County Dept. of Health John Milazzo, Esq. Suffolk County Water Authority Suffolk County Planning Commission Elizabeth Neville, Town Clerk Applicant CHARLES R.CUDDY ATTORNEY AT LAW 445 GRI FFING AVENUE a'a _ 3 RIVERHEAD,NEW YORK l g• 7 Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net October 9, 2003 Mark Terry, Town Planner Southold Town Planning Department Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Cove Beach Estates Dear Mr. Terry: In accordance with your request, we are enclosing the Archaeological Report. Please advise if you need any additional information to complete SEQRA. Very truly yours, a614 Charles R. Cuddy CRC:ik Enclosures OCT 1 0 2003 Southold Town F!2,,i�.,;a Board G I B N E Y f r DESIGN GROUP INCORPORATED e Mr. Mark Terry, Environmental Planner 26 September 2003 Town of Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Cove Estates Dear Mr.Terry: Enclosed is a copy of my report to Enzo Morabito regarding our inspection of the Cove Estates property. Please call me with any questions. Sincerely, Richard W. Gibney, R.L.A./Certified Arborist President RVtSE f Enc. RWG:mj 0 2003 Southold Town Planning Board PO Box 371 Wading River New York 11792-0371 631 929 0054 gibgroup@optonline.net G I B N E Y DESIGN GR ® UP INCORPORATED Mr. Enzo Morabito 02 September 2003 Prudential—Douglas Elliman Real Estate 53345 Main Road/Rte. 25 P.O. Box 1145 Southold, New York 11971 Page 1 of 2 Re: Cove Beach Estates Dear Mr. Morabito: As per your request,we inspected the property at the proposed subdivision of Cove Beach Estates in compliance with Southold's requirement to identify the following endangered plant species. Angelica lucida Aster subulatus Atriplix glabriuscula Digitaria filiformis Erechtites hieraciifolia var megalocarpa Ligusticum scothicum Festuca saximontana Agrimonia rostellata Carex hormathodes Cyperus flavescens Juncus brachycarpus Juncus marginatus var biflorus Ligusticum scothicum Rumex maritimus var fueginus The following is a summary of our services: 21 July 2003—We met with Mr.Terry at the Southold Planning Office to receive documents and review the maps. Mr.Terry suggested that we concentrate our inspection in the areas included at Lots#1,#2 and#10 which are indicated as most sensitive on the Natural Heritage Map. 24 July 2003—1 met you at the site to orient my inspection and understand general subdivision layout and locations. 28 July 2003—With an assistant, I walked through all the clearings and paths we located along the outer edge of the site. We identified the proposed construction areas and limits of construction as shown on the map provided by the surveyor. 08 August 2003—1 visited the site to further inspect areas identified on the aerial photograph that we had missed on our first trip. Several areas were impenetrable due to the density of woody vegetation (Ligustrum, Eleagnus, Smilax, etc.) 19 August 2003—1 made a final trip to the site and using a flagging key provided by the surveyor and a sharpened machete, I inspected the entire area surrounding Lot#10 and toward the wetland area to the southeast Photographs were taken for our records. PO Box 371 Wading River New York 11792-0371 631 9290054 gibgroupQoptonline.net i Mr. Enzo Morabito 02 September 2003 Page 2 of 2 Report of Findings: Throughout the areas we inspected,there was no indication of the endangered species on the list. Lot#10 in particular, is densely overgrown with invasive Ligustrum(Privet)creating a heavily shaded environment which is impenetrable except along cleared lines. Smilax vines (Cat Briar) are growing rampantly throughout the site and shading out shrubs and small trees. Hardy, aggressive native and near native"species are found in typical communities over the site (Myrica, Bacchads, Eleagnus, Prunus,etc.). Phragmites have all but taken over the wetland areas adjacent to Lot#10. Although we were unable to penetrate every area on the site, it is our opinion that the species indicated on the list will not be found in the dense invasive growth areas within the proposed building envelopes. The current habitats are not conducive to the colonizing or survival of these vascular plants. We will be happy to meet with you at the site to review this report We can also inspect further once clearing has begun and the site is more accessible. Sincerely, Richard W. Gibney, R.L.A./Certified Arborist President RWG:mj PLANNING BOARD MEMBERS O`,QSUFFo��COG P.O. Box 1179 BENNETT ORLOWSKI,JR. h`Z` �fi Chairman o Town Hall, 53095 State Route 25 y Z Southold, New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 WILLIAM J.CREMERS �?i Fax (631) 765-3136 KENNETH L.EDWARDS MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: The Planning Board Valerie Scopaz, Town Planner Melissa Spiro, Land Preservation Coordinator Jamie Richter, Town Engineer From: Mark Terry, Senior Environmental Planner Date: July 11, 2003 Re: Cove Beach Estates SEQR Update Today, I meet with Mr. Charles Cuddy,Mr. Enzo Morabito and Mr. Howard Young regarding the DEC concerns with the proposed action. Several issues were identified by the DEC and PB to be addressed they included: 1. The potential redesign of the plat dependent upon the location of the eight kettle holes identified by DEC staff. The eight kettle holes were located within an area subject to a Conservation Easement therefore no potential impacts will occur. 2. The DEC will not permit any ROW drainage to be discharged into an existing wetland. The ROW was redesigned into the T design proposed by the PB and the Town Engineer therefore, drainage will also be redesigned... the applicant proposes to drain the ROW into a natural depression upon the property subject to a Conservation Easement. 3. The DEC also requested that Lot 10 building envelope be staked for wetland setback confirmation. It is my understanding that this has been accomplished. I do not know if the DEC has returned for an inspection. 4. The Conservation Easement limits development to 10 lots. I informed Mr. Cuddy of this and he will submit written confirmation to permit the 2 additional lots in the south of the property.. , c 5. I informed the applicant of the DEC identified endangered and threatened plant species on site and requested an endangered and threatened plant survey be conducted for all lots within the mapped area. The applicant agreed and will have the areas surveyed for endangered and threatened plant species. I will not issue a SEQR determination until this information is submitted. 6. A Phase I Archeological Survey was requested by the DEC. The applicant stated that this was completed and no significant findings were made. The applicant will submit a copy to this office. 7. Prior to the meeting, the applicant had redesigned the ROW to use the existing roadway. A T and two cul-de-sacs at the western and eastern ends are proposed to access the lots. This was in response to the PB and Town Engineers request to minimize disturbance to potential endangered and threatened plant species, woodland and other sensitive lands adjacent to Dam Pond. -- PLANNIING BOARD MCI �BERS O�OSVFFO��CO P.O. Box 1179 BENNETT Chairman _� G'y� Town Hall, 53095 State Route 25 o - Southold, New York 11971-0959 RICHARD CAGGIANO 4 Telephone (631) 765-1938 WILLIAM J.CREMERS O Fax(631) 765-3136 KENNETH L.EDWARDS 0� MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: The Planning Board From: Mark Terry, Senior Environmental Planner Date: May 12, 2003 Re: Major Subdivision of Cove Beach Estates SEQR Update On February 3, 2003 the NYSDEC re-coordinated SEQR and requested that the Planning Board become Lead Agency for the proposed action. The reason the DEC re-coordinated was that the previous permits issued had expired. In summary, the site is extremely environmentally sensitive. The Town of Southold's records show that the following studies were conducted for the proposed action in the past. 1. Stage 1A Archeological Survey of the Cove Beach Estates at East Marion (1988) 2. Final Environmental Impact Study(FEIS). A Findings Statement for the FEIS was adopted by the Town of Southold Planning Board on August 14, 1989. In 1997 the Peconic Land Trust was deeded a Conservation Easement on SCTM# 1000- 22-3-15.1 and 18.3. The Conservation Easement restricts the developable area of the property to 26.56 acres. Furthermore, the Conservation Easement imposes certain conditions upon the 26.56 acre developable area. The residual acreage(68.82) is to remain as open space into perpetuity. A total of 10 lots are proposed for the 26.56 acres. Post the execution of the Conservation Easement,the applicant has filed an amended subdivision plan with this office dated April 30, 2002 amending the location and size of the 10 lots. The applicant also added 2 new lots in ...the Conservation Easement restricts the parcel to 10 lots and may need to be amended. Agricultural uses as well as agricultural support structures are permitted on the 68.82 acres except within a 100' buffer around documented rare species that exist on-site. In addition, no removal of"healthy'trees is permitted within 50' of the top edge of the bluff. Clearing limits are also proposed. On March 10, 2003 the Southold Planning Board took lead agency for the action. In phone conversations with Mr. George Hammarth,he indicated that the DEC is requiring a new wetland survey and archeological survey. The wetland survey has been completed and it is my understanding that the archeological survey is currently being conducted (Hammarth). The wetland survey identified eight kettle holes that will be required to be mapped. Following the mapping, new setback areas need to be established. The DEC is also prohibiting any road drainage into wetland systems and requesting lot staking explanations. The New York Natural Heritage program identifies sensitive plant area that contains threatened and endangered plant species. The problem is that the map identifying these areas overlaps proposed road and the eastern lots. As mentioned above,rare species are protected by a 100 buffer. However, accurate locations where the rare species are located is largely unknown and the data is outdated(prior 1989). I recommend that a new . threatened and endangered species survey be conducted for all proposed developed areas. I also recommend that the ROW be relocated to use the existing ROW and therefore reduce clearing, the loss of sensitive habitat. All historic data supports the relocation of the ROW; stating the significance of the Dam Pond ecosystem. Correspondingly,the threatened and endangered species survey would be lesser in scope and cost if the applicant utilizes the existing ROW. Jamie Richter,proposed this alternative and is in agreement with the relocation. A T ROW with two separate cul-de-sacs at the terminus is acceptable per JR. This habitat is also apart of the New York State Coastal Management Program. Last week I forwarded Steve Resler, of the Department of State the proposed project for comment. I will not issue a SEQR declaration until I have all the above information mapped and a response from the DOS. Cc: Valerie Scopaz, Town Planner Melissa Spiro, Land Preservation New York State Depa< Ulient of Environmental Con6�l vation rrr� Division of Environmental Permits, Region One Building 40 -SONY, Stony.Brook; New York 11790-2356 Phone: (631) 444-0365 FAX::(631) 4.44-0360 Website: www.dec.state.ny.us ` Erin M.Crotty Commissioner Commissioner May 6,2003 Thomas Wolpert,P.E. � � � O Young and Young Surveyors &Engineers D 400 Ostrander Ave. Riverhead,N.Y. 11901 MAY - 8 2V Jul Re: Cove Beach Estates East Marion, Town of Southold 1-4738-03150/00001 Southold Town Planning Board Dear Mr. Wolpert: I am writing to update you on the status of the referenced application for Tidal Wetlands and Freshwater Wetlands approval to subdivide a 104.4 acre parcel of land with frontage on Long Island Sound and Dam Pond into 12 residential lots and construct a cul-de-sac access road. The Department of Environmental Conservation's field inspections of the site have identified several issues or informational details which should be brought to your attention. A. Freshwater Wetlands: As-we discussed by telephone recently,,staff identified eight kettle hole ponds�to the west of the access road alignment on proposed Open Space Parcel B as a state regulated freshwater wetland. I identified the eight ponds for you during our conversation. The subdivision plan must be updated to indicate the eighi ponds as freshwater wetlands and include the following identifying language: "The NYS Freshwater Wetland Boundary is equal to the edge of ponds (eight ponds) as verified by R. Marsh and S.Lorence on 3/27/03." Also,please note that when the road and drainage design is finalized(see item B below),the subdivision plan must also depict a line labeled"limit of clearing,grading and ground disturbance"for any construction, clearing, grading or ground disturbance which will occur within 100 feet of the freshwater wetland boundary. B. Access Road Drainage: The current access road design includes a drainage system which consists of a series of catch basins collecting stormwater for discharge to one of the ponds in Open Space Parcel B which has been identified as a freshwater wetland. Small, glacial ponds like these are very susceptible to water quality degradation from the introduction of road runoff and can quickly lose their habitat value. This Department will not allow any discharge of stormwater runoff into the ponds or any surface waters on or near the site. All stormwater runoff generated by the access roadway must be recharged on site as far away from the freshwater wetland boundary as is practically possible. I suggest that you begin work on a redesign of the roadway drainage system which eliminates the surface water discharge,but hold off on finalizing the design until the results of the Stage lA/ 1B Archaeological Survey, which is now underway, are known. C. Tidal Wetlands Lot 10 Stake Out: Staff found two stakes on lot 10 labeled"building envelope", with paths cut through the thick vegetation to the vicinity of the tidal wetland boundary.While we found these two stakes to be located at least 90 feet from the tidal wetland boundary, there was some confusion because we also found two additional stakes labeled"8019" and"8020" in the lot 10 area. Thomas Wolpert,P.E. May 6,2003 Page 2 It was not clear what stakes 8019 and 8020 represent. Please provide a drawing or a photocopy of the appropriate section of the subdivision plan which clearly depicts the locations of all four stakes on lot 10 to scale(the two building envelope stakes, stake 8019 and stake 8020). This information will allow us to continue the review of the Cove Beach Estates application. As indicated above, the plan updates required in items A&B should be done after the results of the archaeological survey are known. The clarification for the lot 10 stake out required in item C should be provided at your earliest convenience. I can be reached at(631)444-0371 if you have any questions or need to discuss these requirements. Thank you. for your continued cooperation in this matter. Very Truly Yours, George W. Hammarth Deputy Regional Permit Administrator cc: Enzo Morabito / Mark Terry-Town of Southold v BOH j PLANNING BOARD MEMBERS ®guFFO(�C BENNETT ORLOWSKI,JR. ®� ® P.O. Box 1179 Chairman �'�� Town Hall, 53095 State Route 25 ® 1 Southold, New York 11971-0959 RICHARD CAGGIANO Telephone (631) 765-1938 2 WILLIAM J.CREMERS Fax(631) 765-3136 KENNETH L.EDWARDS MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 5, 2003 Mr. Steve Resler NYS Department of State Division of Coastal Resources and Waterfront Revitalization 41 State Street, Albany NY 12231 Re: Cove Beach Estates Lead Agency Coordination and Comment Dear Mr. Resler: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Cove Beach Estates, LLC Subdivision SCTM#1000-22-3-9.1,18.1, 18.7 & 18.8 Requested Action: The proposed action involves the subdividing of a 104.35 acre parcel into 12 lots for single family residences ranging in area from 1.65 acres to 9.2 acres. The Peconic Land Trust holds a Conservation Easement on 100.60 acres of the 104.35 acres. Note that a Conservation Easement has been executed for Lots 1 through 12. The Conservation Easements are attached for your perusal. The parcel includes frontage on Long Island Sound and Dam Pond. Dam Pond is a listed Critical Environmental Area designated pursuant to 617.14(g). The property is located n/o Main Road approximately 1000' east of Kayleigh's Court in East Marion (See Figure 1). SEQRA Classification: ( ) Type I (X) Unlisted Contact Person: Mark Terry, Senior Environmental Planner . (631) 765-1938 x 243 J Page 2 Lead Agency Coordination Request The lead agency will determine the need for any supplemental information on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. In addition please provide any information that should be considered during this review. Planning Board Position: (X ) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( X ) Other (see comments below) The Planning Board assumed lead agency for the action on March 10, 2003. Comments: This site is environmentally sensitive. The Town of Southold's records show that the following studies were conducted for the proposed action in the past. 1. Stage 1A Archeological Survey of the Cove Beach Estates at East Marion (1988) 2. Final Environmental Impact Study (FEIS). A Findings Statement for the FEIS was adopted by the Town of Southold Planning Board on August 14, 1989 (attached). In 1997 the Peconic Land Trust was deeded a Conservation Easement on SCTM# 1000-22-3- 15.1 and 18.3. The Conservation Easement restricts the developable area of the property to 26.56 acres. Furthermore, the Conservation Easement imposes certain conditions upon the 26.56 acre developable area. The residual acreage (68.82)will remain as open space into perpetuity. A total of 10 lots are proposed for the 26.56 acres. Post the execution of the Conservation Easement, the Applicant has filed an amended subdivision plan with this office dated April 30, 2002 amending the location and size of the 10 lots. Agricultural uses as well as agricultural support structures are permitted on the 68.82 acres except within a 100' buffer around documented rare species that exist on-site. In addition, no removal of"healthy" trees is permitted within 50' of the top edge of the bluff. Please feel free to contact this office for further information. -ate truly our i Bennett Orlowski, Jr. Chairman cc: , -Boa A of Trustees BkI��E�4Glg r)partmant *Maps are enclosed for your review Enc COUNTY OF SUFFOLK S✓o ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES LINDA MERMELSTEIN,M.D.,M.P.H. ACTING COMMISSIONER April 20, 2003 Mark Terry, Senior Environmental Planner Town Hall pn PO Box 1179 53095 State Route 25 D I . Southold,New York 11971 APR 275 2003 RE: Cove Beach Estates, LLC Subdivision SCTM#: 1000-22-3-9.1, 18.1., 18.7 & 1.8.8 ( Southold Town ei,n.,fnv ROafd Dear Mr. Terry: The Suffolk County Department of Health Services (SCDHS; "Department") has received your letter dated March 19, 2003, concerning the above-referenced project. The Department recommends that the Southold Town Planning Board assume lead agency responsibilities. Based on a review of the subject coordination, the Department offers the following comments. However,the Department wishes to reserve its right to provide more detailed information within the comment period(s) established for this action. These comments should not be construed as an implicit SCDHS approval or rejection of the project. All applications are reviewed thoroughly with respect to Suffolk County Sanitary Code concerns by appropriate departmental personnel when SCDHS applications are completed. 1. SANITARY CODE A. Article VI Application Status: Our agency has not received an application for the above referenced project as required by Article Vi of the Suffolk County Sanitary Code. The project sponsor should submit an application to our agency's Office of Wastewater at the earliest possible date so that a complete technical assessment of this proposal can be undertaken. B. SCDHS Jurisdiction: The SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems. The applicant, therefore, should not undertake the construction of ♦DIVISION OF ENVIRONMENTAL QUALITY♦OFFICE OF ECOLOGY♦RIVERHEAD COUNTY CENTER♦RIVERHEAD NY 11901-3397• Phone(631)852-2077 Fax(631)852-2743 either system without Health Department approval. Design and flow specifications, subsurface soil conditions, and complete site plan details are essential to the review of this project. These considerations are reviewed completely at the time of SCDHS application. Thank you for the opportunity to review this application. If you have any questions, please feel free to contact the Office of Ecology at 852-2077. Sincerely, Mara Hogan Environmental Analyst Office of Ecology MH/amf PC: Kimberly Shaw Walter Hilbert, P.E. Mr. Bennett Orlowski, Jr. yy�� Planning Board Town Hall 53095 State Route 25 PO Box 1179 Southold, New York 11971 Concerned regarding ROW pertaining to Lot 10. Total area 9.1812 acres and open space area = 5.1809 acres net area = 4.0003 acres. Im concerned r garding the ROW near test hole No. 5 and the wetlands designated by the N.Y.S. D.E.C. Lot 10 is extre ely close m Pond. close',, Thank You Wayne Rock East Marion, N 631-477-0089 tp EC APR 1 5 X03 Southold Town Planning Board Monday,April 14,2003 America Online:Guest Page: 1 s PLANN BOARD MEMBERS NNETT O OW � O�OSVFF®�li'CO P.O. Box 1179 Chairman _� P.O. Town Hall, 53095 State Route 25 o - Southold, New York 11971-0959 RICHARD CAGGIANO ti Z Telephone (631) 765-1938 WILLIAM J.CREMERS O Fax(631) 765-3136 KENNETH L.EDWARDS y MARTIN H.SIDOR �Q( �a PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 19, 2003 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Cove Beach Estates, LLC Subdivision SCTM#1000-22-3-9.1,18.1, 18.7 & 18.8 Requested Action: The proposed action involves the subdividing of a 104.35 acre parcel into 12 lots for future single family residences ranging in area from 1.65 acres to 9.2 acres. The Peconic Land Trust holds a Conservation Easement on 100.60 acres of the 104.35 acres. Note that a Conservation Easement has been executed for Lots 1 through 12. The Conservation Easements are attached for your perusal. The parcel includes frontage on Long Island Sound and Dam Pond. Dam Pond is a listed Critical Environmental Area designated pursuant to 617.14(g). The property is located n/o Main Road approximately 1000' east of Kayleigh's Court in East Marion (See Figure 1). SEQRA Classification: ( ) Type I (X) Unlisted Contact Person: Mark Terry, Senior Environmental Planner (631) 765-1938 x 243 Page 2 Lead Agency Coordination Request The lead agency will determine the need for any supplemental information on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. In addition please provide any information that should be considered during this review. Planning Board Position: (X ) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. (X ) Other (see comments below) The Planning Board assumed lead agency for the action on March 10, 2003. Comments: This site is environmentally sensitive. The Town of Southold's records show that the following studies were conducted for the proposed action in the past. 1. Stage 1A Archeological Survey of the Cove Beach Estates at East Marion (1988) 2. Final Environmental Impact Study (FEIS). A Findings Statement for the FEIS was adopted by the Town of Southold Planning Board on August 14, 1989 (attached). In 1997 the Peconic Land Trust was deeded a Conservation Easement on SCTM# 1000-22-3- 15.1 and 18.3. The Conservation Easement restricts the developable area of the property to 26.56 acres. Furthermore, the Conservation Easement imposes certain conditions upon the 26.56 acre developable area. The residual acreage (68.82)will remain as open space into perpetuity. A total of 10 lots are proposed for the 26.56 acres. Post the execution of the Conservation Easement, the Applicant has filed an amended subdivision plan with this office dated April 30, 2002 amending the location and size of the 10 lots. Agricultural uses as well as agricultural support structures are permitted on the 68.82 acres except within a 100' buffer around documented rare species that exist on-site. In addition, no removal of"healthy" trees is permitted within 50' of the top edge of the bluff. Please feel free to contact this office for further information. (Very truly yours, Bennett Orlowski, Jr. Chairman cc: Joshua Y. Horton, Supervisor Southold Town Board Greg Yakaboski, Town Attorney Board of Trustees Building Department Southold Conservation Advisory Committee Melissa Spiro, Land Preservation Coordinator Suffolk County Department of Health Services NYSDEC - Stony Brook NYSDEC - New York Natural Heritage Program —Albany Suffolk County Water Authority -New York State Department of Transportation *Maps are enclosed for your review Enc ELIZABETH A.NEVII,LE Town Hall, 53095 Main Road TOWN CLERK s`u �" P.O.Box 1179 t Z" 1 is 5 Southold, New York 11971 Rr~,GIST12.AR OF VITAL STATISTICS MARRIAGE OFFICER `,yam ' C' Fax (516) 765-1823 r J- MY w2�rah r�'`r:,' f` RECORDS MANAGEMENT OFFICER "f;^ ; ,. 'r Telephone(516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO. CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD .TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 17, 1998: WHEREAS, it is the policy of the Town of Southold to preserve prime agricultural soils and to protect the scenic,open space character of the Town; and WHEREAS,the Town of Southold's Master Plan of 1973, amended in 1986 and 1989, has taken the following actions to clearly define,delineate and implement its policy to preserve prime agricultural soils and to protect the scenic,open space character of the Town, specifically by the adoption of; 1. Section 272-a of the code of the Town of Southold,for the preservation of prime agricultural soils,the protection of the scenic, open space character of the Town and to preserve the Town's resort and agricultural economy. 2. Section 59-10 through 59-60 of Local Law No. 2-1988 adopted by the Town Board of the Town of Southold on 3-22-88 known as Open Space Preservation legislation,finds that the acquisition of open space in the Town of Southold,if preserved and maintained in their present open state,is in the public interest and a proper purpose of the Town in accordance with the findings and determination of the New York State Legislature, as set forth in Section 247 of the General Municipal Law. 3. Sections 97-10 through 97-33.of the-Code of the Town of Southold known as Wetlands,to preserve,protect, and to maintain the Town's wetlands for the protection of its citizens. WHEREAS,Raoul J.Witteveen,residing at 368 Daniels Lane,Sagaponack,New York 11030, is the owner in fee simple of 98.8 acres land situate southerly by the Main Road, easterly by Dam Pond, northerly by Long Island Sound, and westerly by lands of others, in East Marion,New York; further identified as Suffolk County Tax Map Parcel#1000-022.000-03.00- 15.1 and 18.3.; and WHEREAS,the soils on Raoul Witteveen's property have been identified by the United . State's Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York as prime agricultural soils of Class I and Class H quality; and WHEREAS,portions of Raoul J.Witteveen's property contain pristine woodland areas that offer the public scenic vistas of the same; and Y WHEREAS,significant portions of Raoul J.Witteveen's property include pristine saltwater wetlands and approximately 650 feet of undisturbed pristine frontage on Long Island kkk)und; and WHEREAS,the Town Board wishes to encourage other methods of open space and farmland preservation including the voluntary granting of conservation easements by private landowners to private conservation organizations; and WHEREAS,Raoul Witteveen has granted a Conservation Easement to the Peconic Land Trust on December 23, 1995, and recorded in the County Clerk's office on December 25, 1995 in Liber 11756 cp 282 which reduced the density of the Property from 34 to 26 lots and which Easement was amended on December 12, 1996 and recorded on December 31, 1996.in Liber 11808 cp 661, which further reduced the density of the Property from 26 lots to not more than 17 lots; and WHEREAS,Raoul Witteveen has granted a second Conservation Easement to the Peconic Land Trust on December 29, 1997, recorded in the office of the Suffolk County Clerk on December 29, 1997,in Liber 11869 cp 975, which further reduces the density on the Property to not more than 10 lots; and NOW,THEREFORE,BE IT RESOLVED,that the Town Board hereby determines that the Conservation Easements conveyed by Raoul Witteveen to Peconic Land Trust are pursuant to the Town's clearly delineated public policy to preserve prime agricultural soils and to protect the scenic,open space character of the Town,and that said conveyances will yield a significant public benefit, and; BE IT FURTHER RESOLVED,that the Southold Town Clerk forward a copy of this resolution to Mr. Raoul J.Witteveen c/o Interpool,Inc. 633 Third Avenue,New York,NY 10017; and to the Peconic Land Trust, P.O. Box 2088, Southampton,New York, 11969. Elizabeth A. Nev Ile Southold Town Clerk March 18, 1998 t _ BOXES 5 TNRU 9 MUST BE ,, ;D OR PRINTED IN BLACK INK ONLY PRIG • I RECORDING OR 11ILIN('7. I I SUFFOLK COUNTY CLERK 2 3 11869PG975 19154 i./n1 c-, 3, Number of pages - � :. : '. TOR I ENS c Serial# Certificate# .-., ,�.,l •;•:i' t _ 19151 av �..1 Prior f Dec /Mortgage Instrument Deed/Mortgage 7;ax Stamp Recording/Filing Stamps 4 FEES sV �J11 m ilingFee �"_ Mortgage Amt. N gm pr g S 1.Basic Tax Age C, S_ 2.SONYMA (� olal n Sub Total Q EA-5 7(County) Sub Total `-/ 3.Spec./Add. - 17(State) 7� TOT.MTG.TAX _ R.P.T.S.A � ,_ ��b� Dual Town_Dual County_ Held for Apportionment Comm.of Ed. 5__UU_ J Transfer Tax _ . Affidavit ,�'�,��. . Mansion Tax _ 1 Certified Copy ��._ The property covered by this mortgage is or will be improved by a one or two Reg.Copy _ Sub Total �._ family dwelling only. YES_ or NO_ Other GRAND TOTAL 10-7 If NO,see appropriate tax clause on page# of this instrument. Real Property Tax Service Agency Verification Title Company Information =A Dist Section Block Lot 1000 J)22 pp 03 00 L90.0 coo mi _ 1000 Company Name Title Number FEE PAID BY: 7 Cash Check Charge Peconic Land Trust Incorporated Payer same asR&R_ P.O. Box 2088 Southampton, NY 11969 OR: 8: RECORD &RETURN TO 9 Suffolk County Recording & Endorsement Page This page forms part of the attached conservation Easement made by: (Deed,Mortgage, etc.) Raoul J. Witteveen The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Peconic Land Trust, Inc. In the VILLAGE orHAMLETof • East Marion DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT,is made on the394 day of December,1997 at Southampton, New York. The parties are Raoul J. Witteveen, residing at 368 Daniels Lane, Sagaponack, New York 11962(herein called the"Grantor"),and the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York Corporation, having a principal office at 296 Hampton Road (P.O. Box 2088), Southampton, New York 11969 (herein called "Grantee"). INTRODUCTION WHEREAS, the Grantor is the owner in fee simple of approximately 98.38 acres of real property located in the Town of Southold, Suffolk County, New York, known as Final Plat of Map of Cove Beach Estates, dated November 27, 1996, hereinafter more fully described in Schedule A, attached hereto and hereby made a part hereof, and hereinafter referred to as the "Property", further described as Suffolk County Tax Map Parcel Number 1000-22-3-15.1 and 18.3;and WHEREAS, the Property is located in the Low Density Residential R-80 Zoning District of the Town of Southold which designation,to the extent possible, is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town of Southold code,Section 100-30; and WHEREAS, the Property is currently restricted by a Conservation Easement held by Peconic Land Trust executed on December 23, 1995, and recorded in the Suffolk County Clerk's Office on December 29, 1995 at Liber 11756 Pg. 282, and known as the 1995 Easement, which restricted the property from a yield of thirty four (34) single family residences to twenty six (26) single family residences; and WHEREAS,the 1995 Deed of Conservation Easement was amended on December 18th, 1996,which Amendment of Deed of Conservation Easement was recorded on December 31, 1996 at the Suffolk County Clerk's Office, to further restrict the Property to seventeen (17) single family residences with appurtenant structures and improvements, thereby creating an Open Area equal to 46.70 acres, and a Development Area equal to 51.68 acres;and WHEREAS, Grantor wishes to further restrict the Property in consideration of the conservation values of the Property and as a product of his own charitable intentions by granting a Conservation Easement over the Property thereby restricting the Development Area to no more than ten (10) single family residences with appurtenant structures and improvements, and thereby increasing the Open Area from 46.70 acres to 68.82 acres (as described in Schedule B attached hereto)and to reduce the Development Area from 51.68 acres to 29.56 acres (as described in Schedule C, attached hereto)so that a substantial portion of the Property shall remain in its open, undeveloped and scenic state, and to that end restates the restrictions applicable to the entire parcel; and WHEREAS, the Property contains soils classified as Class I and Class 11 worthy of conservation as identified by the United State's Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York;and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973,amended in 1986 and 1989 as adopted by the Town Board,Town of Southold code, Section 272-a of the Town Law, to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS,the Property has approximately 650 feet of frontage on Long Island Sound and approximately 450 feet of frontage on Dam Pond that provides the public with significant scenic vistas of contiguous woodland,wetlands and shoreline; and WHEREAS, the Property contains the following rare species, classified as S-1 by the Natural Heritage Program: Angelica Lucida, Maritime Red Cedar Forest (remnant), Erchtites Megalocarpa (fire weed), Petentilla anserina, sub species sb.pacifica (silver weed) and Digitaria Filisormis species; and 1 WHEREAS, the Property in its present scenic, agricultural and open space condition has substantial and significant value as an aesthetic and agricultural resource by reason of the fact z t that it has not been subject to any extensive development; and WHEREAS,the Grantor and Grantee recognize the value and special character of the region in which the Property is located, and the Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Open Area as an aesthetic, natural, scenic and agricultural resource; and WHEREAS,the Grantee has determined it to be desirable and beneficial and has requested the Grantor, for itself and its successors and assigns,to grant a Conservation Easement to the Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW,THEREFORE: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in SCHEDULE A,free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee Is a qualified not-for-profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, and any amendatory or supplemental legislation (herein called "the Code"), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural, scenic and open space values of rural lands located in Suffolk County of Long Island. 0.03 Purpose The parties recognize the environmental, scenic, open space and agricultural values of the Open Area and have the common purpose of preserving these values. This Deed is intended to convey a Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for environmental, scenic, agricultural and natural values, by preventing the use or development of the Open Area for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Government Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural and open condition through conservation restrictions by enactment of Environmental Conservation Law, Article 49-0301, et. seq. and General Municipal Law, Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal } Revenue Code and other federal statutes. 0.05 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property, as determined by its Board of Directors, at a duly constituted meeting of that Board on November 13, 1995, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open land. 0.06 Documentation The Grantee acknowledges by acceptance of this Easement that Grantor's historical and present uses of the Property are compatible with the purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time of the gift of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, wildlife, watershed, scenic, agricultural and aesthetic 2 .resources and otherwise to aid in identifying and documenting the Property's open space values as of the date hereof,to assist the Grantor and Grantee with monitoring the development and use A of the Property and ensuring compliance with the terms hereof, the Grantee has prepared, with the Grantor's full cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to: an aerial photograph, photographs of the Property, a topographical map, a description and site plan of existing land uses, features, and structures, if any, and an acknowledgment page signed by the Grantor and the Grantee which verifies that the Baseline Documentation report accurately represents the condition of the Property at the time of the easement. The Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's historical and present uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs, or other evidence to assist in the resolution of the controversy. 0.07 Recitation In consideration of the previously recited facts, mutual promises, undertakings and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THEEASEMENT 1.01 Type This Deed conveys a Conservation Easement(herein called the"Easement"). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited in this Deed. Reference to this "Easement" or its "provisions" in this Deed shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect The covenants, terms, conditions, restrictions and purposes of this Easement shall run with the Property as an incorporeal interest in the Property, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and .assigns and all other individuals and entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word"Grantee"when used herein shall include all of those persons or entities. ARTICLE TWO GIFT GRANTOR hereby voluntarily grants, releases and conveys to Grantee,as an absolute gift, this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor and all future owners, tenants,occupants, assigns and possessors of said Property. 3 ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement,the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures The construction or placement of residential, commercial, industrial or other buildings, structures, or improvements of any kind or nature (including, but not limited to mobile homes), permanent or temporary, on, over or under the Property except pursuant to Section 4.05 and 4.06 hereof. Structures.and improvements, including, but not limited to, driveways and agricultural structures as permitted in Sections 4.05 and 4.06 hereof, may not be made on, over, or under the Property without the prior written consent of the Grantee, which may be granted if the structure or improvement does not defeat or derogate from the purposes of this Easement. 3.02 Excavation and Removal of Materials The excavating, mining or filling of the Property except as may be necessary to develop and maintain the single-family residences and appurtenant structures and improvements permitted in the Development Area and allowable non-residential improvements on the Property and to construct and maintain the permitted structures and improvements in the Open Area with the prior written consent of the Grantee. The removal of topsoil, sand, or other materials shall not take place on the Property nor shall the topography of the Property be changed except to develop and maintain the single-family residences and appurtenant structures and improvements permitted in the Development Area, to construct and maintain the permitted structures and improvements in the Open Area and for purposes of erosion control and soil management. Any such activity shall require the written consent of the Grantee. 3.03 Subdivision The subdivision or partitioning of the Property without the prior written consent of the Grantee, which shall be granted if that subdivision or partition does not defeat or derogate from the purposes of this Easement. In no event shall the Development Area be subdivided into more than ten (10) single-family residential lots as provided in Section 4.06 hereof, and none of the 10 lots shall be further subdivided in perpetuity unless the lot lines merge. Any changes in lot lines subsequent to final subdivision approval must be authorized by the Town of Southold Planning Board. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials Including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property. 3.05 Signs The display of signs, billboards, or advertisements on the Property except signs, whose placement, number, and design do not significantly diminish the scenic character of the Property and only for the following purposes: a) to state the name of the Property and the names and addresses of the occupants, b) temporarily to advertise the Property or any portion thereof for sale or rent, c) to post the Property to control unauthorized entry or use, and d) to announce the Grantee's conservation easement. 3.06 Clearing and Landscaping Activities Clearing or grading within the Open Area, except with the prior written consent of Grantee and as approved by the Town of Southold Planning Board and as necessary for existing easements of record, if any. Otherwise, the Open Area shall remain in a natural state, and maintenance of the natural vegetation therein shall be the only use or activity allowed, except as provided in Section 4.05. The removal of trees, shrubs, or other vegetation from the Property, except as provided in Sections 4.04 and 4.06. 4 3.07 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Open Area without the prior written consent of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the center line of roads or driveways, and may be used solely to service the permitted structures. 3.08 Uses The use of the Property for any commercial or industrial purpose except that agricultural uses expressly permitted in Section 4.05 shall not be considered a commercial or industrial use. 3.09 Development Rights The use of the acreage of this Property burdened with this Easement for purposes of calculating lot yield on any other property. Grantor hereby grants to Grantee all residential development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to this Easement, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York State, and federal law which will not defeat or derogate from the purposes of this Easement. 4.04 Landscaping Activities Grantor shall have the right to continue the historical modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs,or other vegetation when dead,diseased,dangerously decayed or damaged on the Property. Clearing, cutting and grading within 50 feet of the top edge of the bluff shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing, cutting and grading shall be subject to the prior written '• consent of Grantee and review by the Town of Southold Planning Board to insure proper maintenance and preservation of the natural buffer on Long Island Sound. 4.05 Agricultural Activities Grantor shall have the right to continue or restore the historical, locally typical and/or customary modes and levels of farming, including pasturing, grazing, feeding and care of livestock and cultivation of crops, provided that such agricultural activity shall be conducted in accordance with the purposes of this Easement and provided that care shall be taken to preserve and protect the rare species of plant life. No agricultural activity shall be conducted within 100 feet of the rare species so that agricultural use of the soil and the application of herbicides cannot affect the rare species. Normal agricultural fencing and accessory structures, as provided in 4.06 B, and as may be reasonably necessary in connection with agricultural use and the maintenance on the Property of horses, sheep, beef or dairy cattle, or similar domestic 5 livestock, may be constructed, maintained or replaced by Grantor with the prior written consent of the Grantee. 1 T 4.06 Structures A. Allowable Residential Improvements. Grantor shall have the right to construct no more than ten (10) single-family residences with appurtenant structures and improvements reasonably necessary to serve such residences including, without limitation, driveways, garages, storage sheds, septic systems and leaching pools, swimming pools, pool houses, tennis courts, or other family-scale athletic facilities. All such residences, structures and improvements shall be constructed, maintained and replaced within the Development Area as described in Schedule C except as provided in Section 3.01. Clearing and grading within each residential lot,shall be limited to that necessary for siting, constructing, renovating, expanding, converting or replacing the residences and appurtenant structures and improvements with the intent of preserving as much of the natural vegetation on the site as possible and minimizing storm water runoff and erosion. No storm water runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. B. Allowable Non-Residential Improvements. Grantor shall have the right to erect and maintain the following non-residential improvements in the Open Area which are necessary to and consistent with the uses as permitted in Sections 4.05 and 4.06 hereof: (I) Agricultural Structures, including but not limited to barns and sheds as is necessary for the agricultural use of the Open Area,placed such that they do not detract from and adversely affect the scenic value of this Easement;and (i i) Underground facilities normally used in connection with supplying utilities, removing sanitary sewage effluent, and controlling storm water runoff from the improvements permitted under the terms of this paragraph B hereof. Any such underground utilities must, to the extent possible, be constructed within 30 feet of the center line of roads or driveways, and may be used solely to service the permitted structures. No new sanitary disposal facilities or structures, with the exception of that stated in Paragraph (iii) below, shall be constructed or otherwise located between the high water mark and the one-hundred (100) foot setback from the top of the bluff; and (i I i) Access Drives, to provide access to the improvements permitted by this paragraph 4.06 and any existing recorded rights-of-ways to adjacent properties. Access to the beach down the face of the bluff shall be only by means of a suitable structure. The structure shall be designed and constructed in a manner that will result in the least threat to the stability of the bluff and must be in accordance with all applicable permits; and (iv) Fences,placed such that they do not detract from and adversely affect the scenic value of this Easement;and C. Replacement of Structures In-Kind. In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvement impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted within the same location subject to the review and written approval of Grantee. D. Environmental Sensitivity During and After Construction. The use and location of such improvements shall be consistent with the conservation purposes intended herein, and constructed by methods which are attentive to minimizing disturbances to the environment, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. No storm water runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. 6 4.07 Notice f Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property which could adversely affect the conservation purposes which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.06 herein. Grantor shall provide Grantee with complete documentation including architectural plans of any proposed structures which are subject to Grantees approval which shall not be unreasonably withheld. Such approval, disapproval or comments of Grantee shall be given to Grantor within 45 days after all necessary documentation and information is submitted to Grantee. 4.08 Alienability Grantor shall have the right to convey all or any part of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full names and mailing addresses of all Grantees, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement,without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting forth the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges which may become a lien on the Property, including any taxes or levies imposed to make those payments. If Grantor fails to make such payments, Grantee is authorized to make such payments (but shall have no obligation to do so) upon ten days prior written notice to Grantor, according to any bill, statement or estimate procured from the appropriate public office without inquiry into the accuracy thereof. That payment, if made by Grantee, shall become a lien on the Property of the same priority as the item if not paid would have become, and shall bear interest until paid by Grantor at two percentage points over the prime rate of interest from time to time charged by Citibank, N.A. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless from any charges or liens imposed upon Grantee arising from the physical maintenance and upkeep of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees,judgments or expenses to Grantee or any of its officers, employees,agents or independent contractors resulting: a) from injury to persons or damages to Property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 7 ARTICLE SIX 1 J GRANTEES RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon reasonable prior notice to Grantor, and in a manner that will not interfere with the Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purpose, except as provided in Section 6.03, nor to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that the Grantee may reasonably deem necessary. However,it is understood and agreed by the parties hereto that the Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the Open Space Values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (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 breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto or on the date hereof, or to such condition as is expressly permitted hereby or as may be pursuant to the terms hereof,as Grantee deems appropriate under the circumstances, or (iii) to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "legal expenses") in connection with any proceedings under this Section 7.03. 6.04 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in i exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 6,05 Assignability Grantee shall have the right to assign any and all of its rights and responsibilities under this Easement, and any and all of its rights, title and interest in and to this Easement only to a qualified organization (herein called "the Assignee"). As used herein: the term "qualified organization" means a not-for-profit corporation or governmental unit or agency which is qualified to receive such interests pursuant to Article 49 of the New York Environmental Conservation Law, and is a qualified organization within the meaning of Section 170(h)(3) of the Code. Any assignment by Grantee or Grantee's successors must require the Assignee or 8 Assignee's successors to carry out the purposes of this Easement. The Assignee and its successors and assigns shall have the same right of assignment. a a 6.06 Succession If at any time Grantee or any successor or assignee is unable to enforce this Easement fully or fails to do so, or if Grantee or any successor or assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section 170 (h)(3) then this Easement shall be vested in such other qualified corporation, body or agency as defined and upon the conditions contained in Section 6.05 as the Grantee shall designate. If,on the occurrence of any of these events, Grantee or any successor or.assignee fails to assign all of its rights and responsibilities under this Easement and all of its rights, title and interest in and to this Easement to a qualified organization, then the rights and responsibilities under this Easement shall become vested in another qualified organization in accordance with a cy pres proceeding brought in any court of competent jurisdiction. 6.07 Extinguishment This easement gives rise to a property right and interest immediately vested In the Grantee. For purposes of this Section 6.07, the fair market value of such right and interest shall be equal to the difference, as of the date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby (such difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinafter referred to as the "Proportionate Share"). In the event a material unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, resulting in an extinguishment of this Easement or any material term or provision hereof by a judicial proceeding; then upon a subsequent transfer of title to the Property by sale, gift, devise, exchange, taking by eminent domain or by purchase in lieu of a taking, Grantor shall pay to Grantee an amount equal to the greater of (x) the consideration paid by Grantee to Grantor for this Easement or (y) the Proportionate Share of the proceeds of such transfer. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the Property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered proceeds. The Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.07 shall be in addition io, and not in limitation of, any rights they may have by law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. 6.08 No Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property. Accordingly, Grantee shall not invite the public to enter upon the Property without the prior written consent of the Grantor. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 9 . t 7.02 Amendment 1 This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170 (h). The parties agree to amend the provisions of this Easement in such manner as may be indicated by the Internal Revenue Service, as a result of final determination after audit of the federal income tax return of the Grantor, to entitle the Grantor to the charitable deduction described in I.R.C. Section 170 (h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This Easement can be terminated or modified only in accordance with the common and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain of the restrictions contained in this Easement. To this end, Grantee and Grantor shall mutually have the right, in their sole discretion, to agree to amendments to this Easement which are not inconsistent with the basic purposes of this Easement set forth in the Introduction hereof; provided, however, that Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid Conservation Easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, any regulation issued pursuant thereto, or Section 170(h) of the Internal Revenue Code governing "Qualified Conservation Contributions." The parties acknowledge that the boundaries of the Open Area and the Development Area may have to be adjusted as provided herein,and the parties agree to cooperate in such boundary line adjustments as may be necessary, provided said adjustments would not result in diminution of the Open Area or an increase in the number of lots or primary structures to be developed by the Grantor. 7.03 Severability Any provision of this Easement, restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall riot be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement which is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.04 Notice All notices required by this Easement must be written. Notices shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed,sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein,or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the President, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement as intended by Grantor. Any rule of strict construction designed to limit the breadth of 10 the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and, this Easement shall be interpreted broadly to effect the purposes of this 1 x Easement as intended by Grantor. The parties intend that this Easement,which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Warranties The warranties and representation made by the parties in this Easement shall survive its execution. 7.08 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, Slate of New York. 7.09 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 11 IN WITNESS WHEREOF,Grantor has executed and delivered and Grantee has accepted and received this Deed of Conservation Easement on the day and year set forth above. STATE OF NEW YORK SS: y COUNTY OF SUFFOLK I, EDWARD P. ROMAINE,CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY(SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF .LIBER_ 11 SO AT PAGE 9 7-5 RECORDED AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL EASEMENT AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS—)g4h DAY OF _��,.ra��614 1997 CLERK 12-016e.assm STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On this;q fh day of December, 1997,before me personally appeared Raoul J.Witteveen, who, being by me duly sworn, said that he resides at 368 Daniels Lane, Sagaponack, New York, 11962, the Grantor mentioned and described in, and who executed the foregoing instrument, and he duly acknowledged to me that he executed the same. N tary Public Julie G.Tiska No.01TI5064466 Notary Public State of New York STATE OF NEW YORK > Qualified in Suffolk County COUNTY OF SUFFOLK ) SS.: Commission Expires YJI9�gv On this 29*day of December, 1997, before me personally appeared JOHN v.H. HALSEY,who, being by me duly sworn,said that he resides at 469 Majors Path,Town of Southampton,New York,that he is President of PECONIC LAND TRUST,INCORPORATED,the Grantee mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein; and that he signed his name thereto by authority of the Board of Directors of the said Corporation. N tary Public Julie G.Tiska No. 01TI5064466 Notary Public State of New York Qualified in Suffolk Count Commission Expires SCHEDULE A: Metes and Bounds Description of the Property. SCHEDULE B: Metes and Bounds Description of the Open Area. SCHEDULE C: Metes and Bounds Description of the Development Area. 12 t SCHEDULE "A" November 27, 1996 _ Cove Beach Estates at East Marion, Town of Southold, New York S.C.T.M. No.: 1000-22-3-15.1 & 1000-22-3-18.3 Surveyor's Description-Entire Parcel ALL that certain plot, piece, or parcel of land,with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road at the southeasterly corner of land now or formerly Frank R. Russel and Others, said point being situate 1776 feet easterly as measured along the northerly side of Main Road from the intersection of the northerly side of Main Road and the easterly side of Stars Road: RUNNING thence from said point of beginning along land now or formerly Frank R. Russel and Others the following four(4) courses and distances: 1. North 23 deg. 22 min. 16 sec. West 211.37 feet, 2. South 60 deg. 31 min. 44 sec. West 27.55 feet, 3. North 25 deg. 15 min. 16 sec. West 402.42 feet, 4. South 72 deg. 32 min. 04 sec. West 52.24 feet to land now or formerly Ronald Edeen, Jr. and Barbara Edeen; RUNNING thence along land now or formerly Ronald Edeen, Jr. and Barbara Edeen the following two(2)courses and distances: 1. South 77 deg. 58 min. 14 sec. West 155.85 feet, 2. South 74 deg. 31 min. 54 sec. West 59.26 feet to land now or formerly Frank E. Begora, Jr. and Iris R. Begora; RUNNING thence along land now or formerly Frank E. Begora, Jr. and Iris R. Begora the following two(2) courses and distances: 1. South 78 deg.29 min. 54 sec. West 295.42 feet, 2. South 27 deg. 28 min. 06 sec. East 11.58 feet to land now or formerly Myron B. Brown; RUNNING thence South 76 deg. 28 min. 04 sec. West along land now or formerly Myron B. Brown 180.74 feet to land now or formerly John Psaroudakis and Luz Psaroudakis; RUNNING thence North 24 deg. 08 min. 36 sec. West along land now or formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E. Cook 932.76 feet to a point; RUNNING thence South 65 deg. 51 min. 24 sec. West still along land now or formerly Dorothy E. Cook 137.75 feet to the easterly side of a certain 16 foot wide right-of-way through land now or formerly Dorothy E. Cook; RUNNING thence along the easterly side of said right-of-way the following two(2)courses and distances: 1. North 24 deg. 41 min. 56 sec. West 529.80 feet, Page 1 t 2. North 23 deg. 47 min. 16 sec. West 269.74 feet to a point; RUNNING thence still along land now or formerly Dorothy E. Cook the following three (3) courses and distances: 1. North 65 deg. 51 min. 34 sec. East 141.21 feet, 2. North 24 deg. 08 min. 36 sec. West 206.00 feet, 3. North 25 deg. 26 min. 56 sec. West 311.78 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thence along land now or formerly Otto Uhl, Jr. et al. North 61 deg. 16 min. 04 sec. East 156.76 feet to land now or formerly Constance J. Terry; RUNNING thence along land now or formerly Constance J. Terry the following ten(10)courses and distances: 1. South 25 deg. 31 min. 36 sec. East 836.45 feet, 2. North 65 deg. 47 min. 54 sec. East 288.00 feet, 3. North 24 deg. 12 min. 06 sec. West .176.10 feet, 4. North 24 deg. 38 min. 46 sec. West 113.47 feet, 5. North 23 deg. 32 min. 36 sec. West 110.05 feet, 6. North 25 deg. 39 min. 46 sec. West 101.00 feet, 7. North 23 deg. 04 min. 56 sec. West 88.65 feet, 8. North 26 deg. 21 min. 26 sec. West 100.90 feet, 9. North 28 deg. 48 min. 16 sec. West 101.34 feet, 10. North 33 deg. 26 min. 56 sec. West 68.56 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thence along land now or formerly Otto Uhl, Jr. et al. the following four(4)courses and distances: 1. North 61 deg. 22 min. 14 sec. East 97.62 feet, 2. North 24 deg. 21 min. 26 sec. West 833.61 feet, 3. North 45 deg. 03 min. 26 sec. West 67.42 feet, 4. North 02 deg. 48 min. 04 sec. East 527.67 feet to the approximate highwater mark of Long Island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound the following fifteen (15)tie line courses and distances: 1. South 83 deg. 14 min. 46 sec. East 28.26 feet, 2. South 62 deg. 51 min. 09 sec. East 201.85 feet, 3. South 13 deg. 33.min. 58 sec. East 39.20 feet, 4. South 41 deg. 24 min. 15 sec. East 85.68 feet, 5. South 35 deg. 17 min. 27 sec. East 447.02 feet, 6. South 54 deg. 42 min. 50 sec. East 142.20 feet, 7. South 61 deg. 51 min. 04 sec. East 142.78 feet, 8. South 67 deg. 52 min. 44 sec. East 167.49 feet, 9. South 73 deg. 20 min. 32 sec. East 501.35 feet, 10. South 70 deg. 23 min. 39 sec. East 215.43 feet, 11. South 73 deg. 28 min. 00 sec. East 227.73 feet, 12. South 71 deg. 06 min. 21 sec. East 210.19 feet, 13. South 82 deg. 49 min. 39 sec. East 69.50 feet, 14. South 76 deg. 56 min. 14 sec. East 108.12 feet, 15. South 81 deg. 51 min. 42 sec. East 321.20 feet to land now or formerly Robert W. Gillespie, Jr. and David Gillespie; RUNNING thence along land now or formerly Robert W. Gillespie, Jr. and David Gillespie South 06 deg. 24 min. 34 sec. West 198.78 feet to the approximate Page 2 highwater mark of Dam Pond; RUNNING thence along the approximate highwater mark of Dam Pond the following thirty-three (33)tie line courses and distances: 1. South 89 deg. 19 min. 53 sec. West 73.94 feet, 2. North 75 deg. 37 min. 52 sec. West 48.78 feet, 3. North 87 deg. 59 min. 45 sec. West 58.54 feet, 4. North 89 deg. 33 min. 38 sec. West 37.38 feet, 5. North 63 deg. 46 min. 47 sec. West 46.02 feet, 6. North 85 deg. 42 min. 49 sec. West 63.84 feet, 7. North 66 deg. 04 min, 49 sec. West 28.08 feet, 8. South 33 deg. 57 min. 52 sec. East 180.87 feet, 9. South 18 deg. 42 min. 02 sec. East 110.06 feet, 10. North 89 deg. 10 min. 25 sec. East 85.79 feet, 11. South 38 deg. 23 min. 13 sec. East 81.33 feet, 12. South 24 deg. 16 min. 05 sec. East 73.11 feet, 13. South 51 deg. 10 min. 48 sec. West 49.25 feet, 14. South 32 deg. 39 min. 33 sec. East 58.55 feet, 15. South 28 deg. 04 min. 43 sec. West 53.12 feet, 16. South 82 deg. 54 min. 21 sec. West 46.53 feet, 17. North 77 deg. 57 min. 36 sec. West 146.19 feet, 18. South 63 deg. 05 min. 10 sec. West 64.68 feet, 19. South 04 deg. 56 min. 12 sec. West 73.36 feet, 20. South 23 deg. 18 min. 55 sec. East 58.90 feet, 21. South 55 deg. 48 min. 53 sec. East 32.68 feet, 22. North 86 deg. 48 min. 55 sec. East 82.98 feet, 23. South 75 deg. 54 min. 56 sec. East 68.05 feet, 24. North 55 deg. 39 min. 06 sec. East 61.71 feet, 25. North 14 deg. 48 min. 34 sec. East 92.74 feet, 26. North 53 deg. 31 min. 16 sec. East 24.33 feet, 27. South 07 deg. 39 min. 07 sec. East 31.57 feet, 28. South 11 deg. 06 min. 27 sec. West 49.53 feet, 29. South 19 deg. 55 min. 03 sec. East 106.82 feet, 30. South 56 deg. 03 min. 02 sec. West 48.86 feet, 31. South 77 deg. 01 min. 56 sec. West 61.30 feet, 32. South 79 deg. 24 min. 50 sec. West 79.63 feet, 33. South 16 deg. 48 min. 29 sec. West 20.47 feet to land now or formerly Joseph Frederick Gazza; RUNNING thence along land now or formerly Joseph Frederick Gazza, along land now or formerly Bernice Lettieri, along other lands now or formerly Joseph Frederick Gazza, and along land now or formerly Andrew Lettieri the following thirteen(13)courses and distances: 1. North 87 deg. 08 min. 46 sec. West 103.77 feet, 2. North 00 deg. 35 min. 14 sec. East 9.00 feet, 3. North 89 deg. 05 min. 36 sec. West 450.01 feet, 4. South 89 deg. 43 min. 34 sec. West 520.88 feet, 5. South 25 deg. 30 min. 06 sec. East 608.15 feet, 6. North 81 deg. 12 min. 16 sec. West 312.90 feet, 7. South 32 deg. 12 min. 06 sec. East 144.10 feet, 8. South 27 deg. 10 min. 36 sec. East 71.14 feet, 9. South 27 deg. 49 min. 46 sec. East 111.96 feet, 10. South 25 deg. 15 min. 36 sec. East 598.78 feet, 11. South 26 deg. 45 min. 36 sec. East 387.32 feet, 12. North 63 deg. 01 min. 44 sec. East 2 3.10 feet, 13. South 25 deg. 30 min. 16 sec. East 242.90 feet to the northerly side of Main Road; Page 3 t RUNNING thence along the northerly side of Main Road South 83 deg. 03 min. 14 sec. West 86.62 feet to the point or place of BEGINNING. CONTAINING an area of 98.3783 Acres. SUBJECT to all rights of way, easements and or covenants of record, if any. Page 4 SCHEDULE "B" November 26, 1996 ► Cove Beach Estates at East Marion, Town of Southold, New York S.C.T.M. No.: 1000-22-3-15.1 & 1000-22-3-18.3 Surveyor's Description-Open Space Area ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road at the southeasterly corner of land now or formerly Frank R. Russel and Others, said point being situate 1776 feet easterly as measured along the northerly side of Main Road from the intersection of the northerly side of Main Road and the easterly side of Stars Road: RUNNING thence from said point of beginning along land now or formerly Frank R. Russel and Others the following four(4) courses and distances: 1. North 23 deg. 22 min. 16 sec. West 211.37 feet, 2. South 60 deg. 31 min. 44 sec. West 27.55 feet, 3. North 25 deg. 15 min. 16 sec. West 402.42 feet, 4. South 72 deg. 32 min. 04 sec. West 52.24 feet to land now or formerly Ronald Edeen, Jr. and Barbara Edeen; RUNNING thence along land now or formerly Ronald Edeen, Jr. and Barbara Edeen the following two(2) courses and distances: 1. South 77 deg. 58 min. 14 sec. West 155.85 feet, 2. South 74 deg. 31 min. 54 sec. West 59.26 feet to land now or formerly Frank E. Begora, Jr. and Iris R. Begora; RUNNING thence along land now or formerly Frank E. Begora, Jr. and Iris R. Begora the following two(2)courses and distances: 1. South 78 deg. 29 min. 54 sec. West 295.42 feet, 2. South 27 deg. 28 min. 06 sec. East 11.58 feet to land now or formerly Myron B. Brown; RUNNING thence South 76 deg. 28 min. 04 sec. West along land now or formerly Myron B. Brown 180.74 feet to land now or formerly John Psaroudakis and Luz Psaroudakis; RUNNING thence North 24 deg. 08 min. 36 sec. West along land now or formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E. Cook 932.76 feet to a point; RUNNING thence South 65 deg. 51 min. 24 sec. West still along land now or formerly Dorothy E. Cook 137.75 feet to the easterly side of a certain 16 foot wide right-of-way through land now or formerly Dorothy E. Cook; RUNNING thence along the easterly side of said right-of-way the fallowing two(2)courses and distances: 1. North 24 deg. 41 min. 56 sec. West 529.80 feet, Pagel 2. North 23 deg. 47 min. 16 sec. West 269.74 feet to a point; RUNNING thence still along land now or formerly Dorothy E. Cook the i following three(3)courses and distances: 1. North 65 deg. 51 min. 34 sec. East 141.21 feet, 2. North 24 deg. 08 min. 36 sec. West 206.00 feet, 3. North 25 deg. 26 min. 56 sec. West 311.78 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thence North 61 deg. 16 min. 04 sec. East along land now or formerly Otto Uhl, Jr. et al to land now or formerly Constance J. Terry; RUNNING thence along land now or formerly Constance J. Terry the following ten (10) courses and distances: 1. South 25 deg. 31 min. 36 sec. East 836.45 feet, 2. North 65 deg. 47 min. 54 sec. East 288.00 feet, 3. North 24 deg. 12 min. 06 sec. West 176.10 feet, 4. North 24 deg. 38 min. 46 sec. West 113.47 feet, 5. North 23 deg. 32 min. 36 sec. West 110.05 feet, 6. North 25 deg. 39 min.46 sec. West 101.00 feet, 7. North 23 deg. 04 min. 56 sec. West 88.65 feet, 8. North 26 deg. 21 min.26 sec. West 100.90 feet, 9. North 28 deg. 48 min. 16 sec. West 101.34 feet, 10. North 33 deg. 26 min. 56 sec. West 68.56 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thenc North 61 deg. 22 min. 14 sec. East along land now or formerly Otto Uhl, Jr. et al 97.62 feet to the southeasterly corner of land now or formerly Otto Uhl, Jr. et al; RUNNING thence through land of the party of the first part the following ten (10)courses and distances: 1. South 84 deg. 52 min.22 sec. East 164.13 feet, 2. on a curve to the right having a radius of 60.00 feet a distance of 203.36 feet, 3. on a curve to the left having a radius of 40.00 feet a distance of 34.00 feet, 4. on a curve to the left having a radius of 900.00 feet a distance of 209.64 feet, 5. on a curve to the right having a radius of 2250.00 feet a distance of 263.01 feet, 6. South 66 deg. 01 min. 44 sec. East 183.36 feet, 7. on a curve to the right having a radius of 170.11 feet a distance of 187.23 feet, . 8. North 44 deg. 01 min. 27 sec. East 404.16 feet, 9. South 71 deg.27 min. 16 sec. East 110.00 feet, 10. North 18 deg. 32 min. 44 sec. East 428.72 feet to the approximate highwater mark of Long Island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound the following four(4) tie line courses and distances: 1. South 71 deg. 06 min. 21 sec. East 210.19 feet, 2. South 82 deg. 49 min. 39 sec. East 69.50 feet, 3. South 76 deg. 56 min. 14 sec. East 108.12 feet, 4. South 81 deg. 51 min. 42 sec. East 321.20 feet to land now or formerly Robert W. Gillespie, Jr. and David Gillespie; Page 2 t RUNNING thence along land now or formerly Robert W. Gillespie, Jr. and David Gillespie South 06 deg. 24 min. 34 sec. West 198.78 feet to the approximate highwater mark of Dam Pond; RUNNING thence along the approximate highwater mark of Dam Pond the following thirty-three (33)tie line courses and distances: 1. South 89 deg. 19 min. 53 sec. West 73.94 feet, 2. North 75 deg. 37 min. 52 sec. West 48.78 feet, 3. North 97 deg. 59 min. 45 sec. West 58.54 feet, 4. North 89 deg. 33 min. 38 sec. West 37.38 feet, 5. North 63 deg. 46 min. 47 sec. West 46.02 feet, 6. North 85 deg. 42 min. 49 sec. West 63.84 feet, 7. North 66 deg. 04 min. 49 sec. West 28.08 feet, 8. South 33 deg. 57 min. 52 sec. East 180.87 feet, 9. South 18 deg. 42 min. 02 sec.'East 110.06 feet, 10. North 89 deg. 10 min. 25 sec. East 85.79 feet, 11. South 38 deg. 23 min. 13 sec. East 81.33 feet, 12. South 24 deg. 16 min. 05 sec. East 73.11 feet, 13. South 51 deg. 10 min. 48 sec. West 49.25 feet, 14. South 32 deg. 39 min. 33 sec. East 58.55 feet, 15. South 28 deg. 04 min. 43 sec. West 53.12 feet, 16. South 82 deg. 54 min. 21 sec. West 46.53 feet, 17. North 77 deg. 57 min. 36 sec. West 146.19 feet, 18. South 63 deg. 05 min. 10 sec. West 64.68 feet, 19. South 04 deg. 56 min. 12 sec. West 73.36 feet, 20. South 23 deg. 18 min. 55 sec. East 58.90 feet, 21. South 55 deg. 48 min. 53 sec. East 32.68 feet, 22. North 86 deg. 48 min. 55 sec. East 82.98 feet, 23. South 75 deg. 54 min. 56 sec. East 68.05 feet, 24. North 55 deg. 39 min. 06 sec. East 61.71 feet, 25. North 14 deg. 48 min. 34 sec. East 92.74 feet, 26. North 53 deg. 31 min. 16 sec. East 24.33 feet, 27. South 07 deg. 39 min. 07 sec. East 31.57 feet, 28. South 11 deg. 06 min. 27 sec. West 49.53 feet, 29. South 19 deg. 55 min. 03 sec. East 106.82 feet, 30. South 56 deg. 03 min. 02 sec. West 48.86 feet, 31. South 77 deg. 01 min. 56 sec. West 61.30 feet, 32. South 79 deg. 24 min. 50 sec. West 79.63 feet, 33. South 16 deg. 48 min. 29 sec. West 20.47 feet to land now or formerly Joseph Frederick Gazza; RUNNING thence along land now or formerly Joseph Frederick Gazza, along land now or formerly Bernice Lettieri, along other lands now or formerly Joseph Frederick Gazza, and along land now or formerly Andrew Lettieri the following thirteen (13)courses and distances: 1. North 87 deg. 08 min. 46 sec. West 103.77 feet, 2. North 00 deg. 35 min. 14 sec. East 9.00 feet, 3. North 89 deg. 05 min. 36 sec. West 450.01 feet, 4. South 89 deg. 43 min. 34 sec. West 520.88 feet, 5. South 25 deg. 30 min. 06 sec. East 608.15 feet, 6. North,81 deg. 12 min. 16 sec. West 312.90 feet, 7. South 32 deg. 12 min. 06 sec. East 144.10 feet, 8. South 27 deg. 10 min. 36 sec. East 71.14 feet, 9. South 27 deg. 49 min. 46 sec. East 111.96 feet, 10. South 25 deg. 15 min. 36 sec. East 598.78 feet, 11. South 26 deg. 45 min. 36 sec. East 387.32 feet, 12. North 63 deg. 01 min. 44 sec. East 23.10 feet, 13. South 25 deg. 30 min. 16 sec. East 242.90 feet to the northerly side of Main Road; Page 3 I E RUNNING thence along the northerly side of Main Road South 83 deg. 03 min. 14 sec. West 86.62 feet to the point or place of BEGINNING. CONTAINING an area of 68.8177 Acres. SUBJECT to all rights of way, easements and or covenants of record, if any. Page 4 - .11869H975 - } SCHEDULE "C" _ - November 26, 1996 Cove Beach Estates at East Marion,Town of Southold, New York S.C.T.M. No.: 1000-22-3-15.1 & 1000-22-3-18.3 Surveyor's Description-Development Area ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point marking the southeasterly corner of land now or formerly Otto Uhl, Jr. et al; RUNNING thence from said point of beginning along land now or formerly Otto Uhl, Jr. et al. the following three(3)courses and distances: 1. North 24 deg. 21 min. 26 sec. West 833.61 feet, 2. North 45 deg. 03 min. 26 sec. West 67.42 feet, 3. North 02 deg. 48 min. 04 sec. East 527.67 feet to the approximate highwater mark of Long Island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound the following twelve(12)tie line courses and distances: 1. South 83 deg. 14 min. 46 sec. East 28.26 feet, 2. South 62 deg. 51 min. 09 sec. East 201.85 feet, 3. South 13 deg. 33 min. 58 sec. East 39.20 feet, 4. South 41 deg. 24 min. 15 sec. East 85.68 feet, 5. South 35 deg. 17 min. 27 sec. East 447.02 feet, 6. South 54 deg. 42 min. 50 sec. East 142.20 feet, 7. South 61 deg. 51 min. 04 sec. East 142.78 feet, 8. South 67 deg. 52 min. 44 sec. East 167.49 feet, 9. South 73 deg. 20 min. 32 sec. East 501.35 feet, 10. South 70 deg.23 min. 39 sec. East 215.43 feet, 11. South 73 deg. 28 min. 00 sec. East 227.73 feet, 12. South 71 deg. 06 min. 21 sec. East 61.36 feet to a point; RUNNING thence through land of the party of the first part the following ten (10)courses and distances: 1. South 18 deg. 32 min. 44 sec. West 428.72 feet, 2. North 71 deg. 27 min. 16 sec. West 110.00 feet, 3_ South 44 deg. 01 min. 27 sec. West 404.16 feet, 4. on a curve to the left having a radius of 170.11 feet a distance of 187.23 feet, 5. North 66 deg. 01 min.44 sec. West 183.36 feet, 6. on a curve to the left having a radius of 2250.00 feet a distance of 263.01 feet, 7, on a curve to the right having a radius of 900.00 feet a distance of 209.64 feet, 8. on a curve to the right having a radius of 40.00 feet a distance of 34.00 feet, 9. on a curve to the left having a radius of 60.00 feet a distance of 203.36 feet, 10. North 84 deg. 52 min. 22 sec. West 164.13 feet to southeasterly corner of land now or formerly Otto Uhl, Jr., et al and the point or place of beginning. CONTAINING and area of 29.5606 acres. t, 21638 = C] 11936PI;811 r..cn>mm. Number of pages �.S SAL MATE TOR�IENS DEC 3 093 DEC 30 PH 1, 49 1998 Serial E LE"; '' ii)h9,QIIIE Cl.l:;iit OF TRANMA TAX SUFFOU COUNTY Certificate ff GUFFOLK COUNTY Prior Cif,ll 2i638 Dccd/Mortgngc htslnuncnl �_ �Tax Sinn ill Recording/filing Stamps 4. FEES Pnge/nding Poe. -� Handling S Mollgnge Anil. TT'-584 1. Basic Tax 2. Addiliunai Tax Nolnlion Sub Tolnl GA-5217(Counly) Sub Tula, C Sltcc./Assh. CA-5217(Stale) or Spec./Adel. R.P.T.S.A. lGtDiUjy� ' �y '1'0T.M'i'G.'I'AX , Qum.of Ed. 5.00 Dual Town Dual Coonly— licit,for App orliunntcul Affidavit " +d Transfer Tax Certified Cot O �'""°' ' I Y _�. •--5 -ry�9� Mansion Tax Reg.Copy The Property covered by Illis rttculgage is or will be improved by a one or two family Outer Sub 7'olnl _ ,—� d dwelling only, � . 11 YES or NO GRAND'1'OTAL / "S V If NO,see appropriale lax clause on page 11 of Ibis instrument. Fs j Real Properly Tax Service Agency Verification i.6} Title Ctmytany htromutilun ?c yr Dill. y Section Block Lot W. 1000 022.00 03.00 028.000 a Company Name )ate 1000 022.00 03.00 030.000 Intl' Title Number ENABLES R. CUDDY ESQ, fEE rAln IIY: 4 Casl! Cheek Charge 45 GRIFFING AVENUE Payer same as R&R P.O. BOX 1547 (orifdiffcrcm RIVERHEAD, NY 11901 NAM1;: ADDRESS: RECORD&RETURN TO 7, (ADDRESS) Suffollc County Recording & Endorsement Page Tills Page forms part of the attached DEED OF CONSERVATION EASEMENT (SPECIFY TYPE Of INS*rRUmEN'1'j Inadc by: Tile Premises hcmin Is situated hi NFRE DEVELOPMENT CORP. SUFFOLK COUNTY,NEW YORK. TO Ill lhe'rownshipor Southold PECONIC LAND TRUST, INCORPORATED !n the VILLAGE orIIAMLCTof_ East Marion BOXES 5 TI1RU 9 MUST BE TYPED OR PRINTED 1N BLACK INK ONLY PRIOR TO RECORDING OR FILING. ' t]OI Ot..7JtlMq I: . t DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT,is made on the 30th of December,1998 at Southampton,New York. The parties are NFRE Development Corp.,a New York Corporation having its office at 633 Third Avenue,New York,NY 10017(herein called the"Grantor"),and the PECONIC LAND TRUST,INCORPORATED,a not-for-profit New York Corporation,having a principal office at 296 Hampton Road,P.O.Box 1776,Southampton,New York 11969(herein called"Grantee'). INTRODUCTION WHEREAS,Grantor is the owner in fee simple of 6.4 acres of certain real property located in the Town of Southold,Suffolk County,New York,and hereinafter referred to as the"Entire Property",and WHEREAS,the Entire Property is located in the Low Density Residential R-80 Zoning District of the Town of Southold which designation,to the extent possible,is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town of Southold code,Section 100-30;and WHEREAS,Grantor wishes to grant a Conservation Easement on a 2.6-acre portion of the Entire Property,described in Schedule A,attached hereto,further identified as SCTM#1000-22-3-28&,2 ;, d hereinafter referred to as the"Property"which will reduce the density from a yield of 2 single-family residences to zero(0),so that the Property shall remain in its open,undeveloped,and scenic state;and WHEREAS,it is the policy of the Town of Southold,as articulated in the Town's Master Plan of 1973,amended in 1986 and 1989 as adopted by the Town Board,Town of Southold code,Section 272-a of the Town law,to protect environmentally sensitive areas,to protect the scenic,open space character of the Town and to protect the Town's resort and agricultural economy;and WHEREAS,the Property has approximately 271 feet of frontage on Long Island Sound that provides the public with significant scenic vistas of woodland,wetlands and shoreline;and WHEREAS,the Property,which is located on Long Island Sound in the Town of Southold, contains designated tidal wetlands that should be preserved pursuant to Section 97-10 to 97-33 of the Code of the Town of Southold known as Wetlands,for the purpose of protecting,preserving,and maintaining the Town's wetlands for the protection of its citizens;and WHEREAS,the Property contains designated tidal wetlands that should be preserved pursuant to the New York State Environmental Conservation Law Article 25 and 6NYCRR Part 661;and WHEREAS,Grantor has granted to conservation easements on 9 8.3 8 acres of property known as "Cove Beach"which is contiguous to the Entire Property herein referred to,which demonstrates that this conservation easement is a part of a larger conservation plan;and WHEREAS,the Town of Southold has passed a Resolution at a regular meeting of the Southold Town Board held on March 17,1998 in support of the protection of the lands known as"Cove Beach"; and WHEREAS,this conservation easement will protect additional acreage in an area already determined to be worthy of public and private conservation efforts;and WHEREAS,the Property in its present scenic,open and woodland condition has substantial and significant value as an aesthetic,beachfront,and wetland resource by reason of the fact that it has not been subject to any extensive development;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,natural,and scenic 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; 1 NOW THEREFORE: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in SCHEDULE A,free of any mortgages or liens and possesses the right to grant this easement. 0.02Grantee's Status Grantee warrants and represents to Grantor that Grantee is a qualified not-for-profit charitable organization under Section 170(h)(3)of the Internal Revenue Code of 1986,(herein called"the Code"), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of. conserving and preserving the unique environmental,agricultural,scenic and open space values of rural lands located in Suffolk County of Long Island. 0.03 Purpose The parties recognize the environmental,scenic,open space,wetland,and woodland 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,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 Government Reco ign tion New York State has recognized the importance of private efforts to preserve rural land in a scenic,natural and open condition through conservation restrictions by enactment of Environmental Conservation Law,Article 49-0301,et.seq.and General Municipal Law,Section 247. Similar recognition by the federal government includes Section 170(h)of the Internal Revenue Code and other federal statutes. 0.05 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property,as determined by its Board of Directors,at a duly constituted meeting of that Board on December 14, 1998 and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open land. 0.06 Documentation Grantee acknowledges by acceptance of this Easement that historical and present uses of the Property are compatible with the purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time of the gift of this Easement. In order to aid in identifying and documenting'the present condition of the Property's natural,wildlife, watershed,scenic,woodland and aesthetic 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 terms hereof,Grantee has prepared, with Grantor's full cooperation,an inventory of the Property's relevant features and'conditions(the "Baseline Documentation").This documentation includes,but is not limited to,an aerial photograph, photographs of the Property,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 arises with respect to the nature and extent of the Grantor's historical and present uses of the Property or its physical condition as of the date hereof,the parties shall not be foreclosed from utilizing any other relevant or material documents,surveys,reports,photographs,or other evidence to assist in the resolution of the controversy. 0.07 Recitation In consideration of the previously recited facts,mutual promises,undertakings and forbearances contained in this Easement,the parties agree upon its provisions,intending to be bound by it. 2 ARTICLE ONE THE EASEMENT 1.011.01 IMe This Deed conveys a Conservation Easement(herein called the"Easement'). This Easement shall consist of the covenants,restrictions,rights,terms,and conditions recited in this Deed. Reference to this"Easement"or its"provisions"in the Deed shall include any and all of those covenants,restrictions, rights,terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect The covenants,terms,conditions,restrictions and purposes of this Easement shall run with the Property as an incorporeal interest in the Property,and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor,Grantor's agents, tenants,occupants,heirs,personal representatives,successors and assigns and all other individuals and entities. Any rights,obligations,and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents,successors,and assigns,and the word"Grantee"when used herein shall include all of those persons or entities. ARTICLE TWO . GIFT GRANTOR hereby voluntarily grants,releases and conveys to Grantee,as an absolute gift,this Easement,in perpetuity,together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity,and undertakes to enforce it against Grantor and all future owners,tenants,occupants,assigns and possessors of said Property. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement,the following acts,uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures The construction or placement of residential,commercial,industrial or other buildings,structures, or improvements of any kind or nature(including,but not limited to mobile homes),permanent or temporary,on,over,or under the Property shall be prohibited. 3.02 Excavation and Removal of Materials:Minine The excavating or filling of the Property shall be prohibited. Mineral exploitation,and extraction by any method,surface or subsurface,is prohibited. The removal of topsoil,sand,or other materials shall not take place,nor shall the topography of the Property be changed except for purposes of erosion control and soil management,which will require the prior written consent of Grantee,which shall not be unreasonably withheld if the activity 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 be granted if that subdivision or partition does not defeat or derogate from the purposes of this Easement. 3 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local,New York State,or federal law which will not defeat or derogate from the purposes of this Easement. 4.04 Landscaping Activities_ Grantor shall have the right to continue the historical modes of landscaping,pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees,shrubs,or other vegetation when dead,diseased,dangerously decayed or damaged,without the prior written consent of Grantee. Clearing,cutting and grading within 50 feet of the top edge of the bluff shall be limited to that necessary for proper maintenance and removal of diseased,decayed or dead material and invasive plant species. Such clearing,cutting and grading shall be subject to the prior written consent of Grantee and review by the Town of Southold to ensure proper maintenance and preservation of the natural buffer on Long Island Sound. 4.05 Improvements A. Allowable Non-Residential Improvements and Structures. Grantor shall have the right to erect and maintain the following non-residential improvements and structures on the Property which are necessary to and consistent with the uses as permitted in Section 4.03 and 4.04 hereof,with the prior written consent of Grantee: (i) Trails,to provide access for landscaping and maintenance as allowed in this easement, are permitted with the prior written consent of Grantee and any regulatory approvals which may be necessary. (ii) Dune fences,specifically to prevent beach erosion,and so long as they are consistent with the uses and the purposes of this easement,are permitted. Fences must be placed so that they do not materially block or detract from the scenic view,and may only be constructed with the prior written consent of Grantee and any regulatory approvals, which may be necessary. B. Replacement of Improvements and Structures In-Kind In the event of damage resulting from casualty to an extent which renders repair of any existing structure impractical,erection of a structure of comparable size,bulk,use,and general design to the damaged structure shall be permitted within the same general location subject to the review and written approval of Grantee. C. Environmental Sensitivity During Construction. The use and location of any improvement and structure permitted hereunder shall be consistent with the conservation purposes intended herein,and construction of any such improvement or structure shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to insure that storm water runoff will not carry eroded and other deleterious materials into Long Island Sound and the wetland area,including but not limited to minimal removal of vegetation. 4.06 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 environmental,scenic,and woodland values which are the subject of this Easement. This includes the construction of any permanent or temporary:improvements as provided in Section 4.05 herein. Grantor shall provide Grantee with complete documentation including information on the need for and use of such improvements or structures,and plans for any proposed improvements or structures which are subject to Grantee's approval,whose approval shall not be unreasonably withheld. Such approval,disapproval or comments of Grantee shall be given to Grantor within 45 days after all necessary documentation and information is submitted to Grantee. 5 Whenever an action by Grantor requires the approval of Grantee,it is understood Grantor must also obtain any required governmental approvals for the action. 4.07 Alienability Grantor shall have the right to convey all or any part of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property,including the full name and mailing address of any Grantee,and the individual principals thereof,under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement,without modification or amendment of the terms of this Easement,and shall incorporate this Easement by reference,specifically setting 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 Taxes and Assessments Grantor shall continue to pay all taxes,levies,and assessments and other governmental or municipal charges,which may become a lien on the Property,including any taxes or levies imposed to make those payments. If Grantor fails to make such payments,Grantee is authorized to make such payments(but shall have no obligation to do so)upon ten days prior written notice to Grantor,according to any bill,statement or estimate procured from the appropriate public office without inquiry into the accuracy thereof. That payment,if made by Grantee,shall become a lien on the Property of the same priority as the item if not paid would have become,and shall bear interest until paid by Grantor at two percentage points over the prime rate of interest from time to time charged by Citibank,N.A. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability,costs,attorneys'.fees, judgments or expenses to Grantee or any of its officers,employees,agents or independent contractors arising from 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. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability,costs,attorneys'fees, judgments,or expenses to Grantee or any of its officers,employees,agents or independent contractors resulting: (a)from.injury to persons or damages to property arising from any.activity on the Property, except those due solely to the acts of the Grantee,its officers,employees,agents,or independent contractors;and(b)from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement,excepting any of those matters arising solely from the acts of Grantee,its officers,employees,agents,or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times,upon reasonable prior notice to Grantor,and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property,for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purpose,except as provided in Section 6.03,nor to permit access upon the Property by the public 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonable deem necessary. However,it is understood and agreed by the parties hereto that Grantor shall'not be liable for 6 any changes to the Property resulting from causes beyond the Grantor's control,including,without limitation,fire,flood,storm,and earth movement,or from any prudent action taken by the Grantor under emergency conditions to prevent,abate,or mitigate significant injury to persons or to the Property resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore,in addition to,and not in limitation of,any other rights of Grantee hereunder at law or in equity,in the event any breach,default or violation of any term,provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty(30)days notice thereof by Grantee(which notice requirement is expressly waived by Grantor with respect to any such breach,default or violation which,in Grantee's reasonable judgment,requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement),Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach,default or violation by temporary and/or permanent injunction,or (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach,default or violation and/or to cause the restoration of that portion of the Property affected by such breach,default or violation to the condition that existed prior thereto,or (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 terns,conditions,covenants, obligations and purposes of this Easement;provided,however,that any failure,delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach,default,or violation or with respect to any other breach,default or violation of any term,condition, covenant or obligation under this Easement. 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 attorneys' fees,court costs and other expenses incurred by Grantee(herein called"Legal Expenses')in connection with any proceedings under this Section. 6.04 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief,and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 6.05 Assignability bility Grantee shall have the right to assign any and all of its rights and responsibilities under this Easement,and any and all of its rights,title and interest in and to this Easement only to a qualified organization(herein called"the Assignee'). As used herein: the term"qualified organization"means a not-for-profit corporation,or 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 Section 170(h)(3)of the code,which is organized or operated primarily or substantially for one of the conservation purposes specified in Section 170(h)(4)(A)of the code. Any assignment by Grantee or a successor Grantee must require the Assignee or Assignee's successors to carry out the purposes of this Easement. The Assignee and its successors and assigns shall have the same right of assignment,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 the Town of Southold or if such Town will not accept this Easement,then in another qualified organization,in accordance with a cy pres proceeding brought in any court of competent jurisdiction. 7 6.07 Extinguishment This Easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.07,the fair market value of such right and interest shall be equal to the difference,as of the date hereof,between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby(such difference,divided by the fair market value of the Property unencumbered by this Easement,is hereinafter referred to as the "Proportionate Share"). In the event a material 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 the Proportionate 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 account of the exercise of the power of eminent domain,the sale price or condemnation award shall 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 otherwise acquired by such authority through a purchase in lieu of a taking,so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof,Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered proceeds. Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.07 shall be in addition to,and not in limitation of,any rights they may have my law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. ARTICLE 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 is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C.Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary,to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This Easement can be terminated or modified only in accordance with the common and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain restrictions contained in this Easement. To this end,Grantee and Grantor shall mutually have the right,in their sole discretion,to agree to amendments to this Easement that are not inconsistent with the purposes of this Easement set forth in the Introduction hereof;provided,however, that Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid Conservation Easement under Article 49,Title 3 of the Environmental Conservation Law of the State of New York,as the same may be hereafter amended,any regulation issued pursuant thereto,or Section 170(h)of the Code governing"qualified conservation contributions". 7.03 S v-rability 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 determined to be invalid or unenforceable by a court shall be severed from the other provisions,which shall remain enforceable and effective. 7.04 Notice All notices required by this Easement must be written. Notices shall be delivered by registered mail,return receipt requested,or by certified mail,with sufficient prepaid postage affixed and with return receipt requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein,or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office,recited herein,marked for the attention of the President,or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Ooveminv L New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects,including validity,construction,interpretation, breach,violation and performance. 7.06 Inl=retation Regardless of any contrary rule of construction,no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations,one of which would render that provision invalid,then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement as intended by Grantor. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement,and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by Grantor. The parties intend that this Easement,which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property,except as otherwise recited herein,be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants,nor shall be interpreted to grant,to the public any right to enter upon the Property. 7.08 Warranties The warranties and representation 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. 9 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: NFRE DEVELOPMENT CORP.(Grantor) BY: . 6L - — -,- Charles Cuddy Title ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST(Grantee) BY: J Vvesident .H.Halsey STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this' 0 day of December, 1998,before me personally appeared CHARLES CUDDY,who being by me duly sworn,said that he resides at Mattituck . New York, that he is Assistant Secretary of NFRE DEVELOPMENT CORP.,the Grantor mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein;and that he signed his name thereto by authority of the Board of Directors of the said Corporation. otary Public( ,1- .Y �1l.f:t1.1.G�.t:.•,.. Htl3i Lf:• STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On thisd3 rdday of December, 1998,before me personally appeared JOHN v.H.HALSEY,who being by me duly swom,said that he resides at 469 Majors Path,Town of Southampton,New York,that he is President of PECONIC LAND TRUST,INCORPORATED,the Grantee mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein;and that he signed his name thereto by authority of the Board of Directors of the said Corporation. tary Public)$}..+t nF Aka York No.01 W E 566 y q6 6 Q,�Ali�ir� in SuFfolk, �Oun COm,nl$5ian E'�p;res $�lgla0od SCHEDULE A: Metes and Bounds Description of the Property 10 - f SCHEDULE A Metes and Bounds Description Tax Lot-30 All that certain lot,piece or parcel 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 a point on the ordinary high water mark of Long Island Sound,which point is 405.00 feet easterly along said high watermark from the northeasterly corner of land now or formerly,of Guimaraes and the northwesterly comer of land now or formerly of Cove Beach Estates,Inc., from said point of beginning running easterly along said high water mark as measured by a tie line south 76 degrees 00 minutes east 135 feet; thence south 5 degrees 28 minutes 00.seconds west 466.20 feet; thence north 80 degrees 00 minutes west 100 fee; thence north I degree 25 minutes 20 seconds east 479.52 feet to the point or place of beginning. TOGETHER WITH a right-of-way a minimum of 50 feet wide, within a parcel of land described by metes and bounds as follows: BEGINNING at the southwesterly corner of the premises above described, easterly one course, a distance of 355 feet more or less; thence southerly nineteen course, a distance of 32900 feet more or less, to the Main Road,Route 25, more particularly described as follows: From the said point of beginning, one course: (1)South 80 degrees 00 minutes, east 355 feet, thence southerly along land of Cove Beach Estates, Inc., and others and along the course of a presently existing paved road nineteen courses: (1) South 11 degrees 26 minutes 00 seconds, east 872 feet more or less (2) South 83 degrees 16 minutes 50-seconds,west 25 feet more or less (3) South 9 degrees 46 minutes 00 seconds, east 202.41 feet (4) South 9 degrees 23 minutes 00 seconds, east 111.57 feet (5) South 72 degrees 29 minutes 10 seconds, east 170.82 feet (6) South 10 degrees 29 minutes 50 seconds, east 267.72 feet (7) South 16 degrees 40 minutes 20 seconds, east 70.34 feet (8) South 12 degrees 29 minutes 40 seconds, east 139.02 feet (9) South 11 degrees 15 minutes 40 seconds, east 91.00 feet (10) South 14 degrees 13 minutes 50 seconds, east 192.50 feet (11) South 11 degrees 41 minutes 10 seconds, east 180.95 feet (12) South 14 degrees 06 minutes 30 seconds, east 161.70 feet (13) South 19 degrees 39 minutes 50 seconds, east 144.43 feet (14) South 14 degrees 15 minutes 50 seconds, east 71.14 feet (15) South 14 degrees 55 minutes 00 seconds, east 1.11.96 feet 1 Tax Lot--28 All that certain lot,piece or parcel 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 a point on the ordinary high water mark of Long Island Sound which point is 13 5.00 feet easterly along said high water mark from the northeasterly comer of land now or formerly of Guimaraes and the northwesterly corner of land now or formerly of Cove Beach Estates, Inc., from said point of beginning running easterly along said high water mark as measured by a tie line, north 70 degrees 00 minutes east, 135.00 feet;thence south 2 degrees 44 minutes 30 seconds east, 496.84 feet; thence south 58 degrees 00 minutes west, 100.00 feet; thence north 7 degrees 27 minutes 10 seconds west 507.38 feet to the point or place of beginning. TOGETHER with a right-of-way a minimum of 50 feet wide,within a parcel of land described by metes and bounds as follows: BEGINNING at the southwesterly corner of the premises above described, easterly three courses, a distance of 555 feet more or less; thence, southerly nineteen courses, a distance of 3,900 feet more or less, to the Main Road,Route 25, more particularly described as follows: From the said point of beginning, three courses: (1) North 58 degrees 00 minutes, east 100 feet; thence (2) North 83 degrees 00 minutes, east 100 feet; thence (3) South 80 degrees 00 minutes, east.355 feet; thence southerly along land now or formerly of Cove Beach Estates, Inc., and others and along the course of a presently existing paved road nineteen courses: (1) South 11 degrees 26 minutes 00 seconds, east 872 feet more or less (2) South 83 degrees 16 minutes 50 seconds, west 25 feet more or less (3) South 9 degrees 46 minutes 00 seconds, east 202.41 feet (4) South 9 degrees 23 minutes 00 seconds, east 111.57 feet (5) South 72 degrees 29 minutes 10 seconds, east 170.82 feet (6) South 10 degrees 29 minutes 50 seconds, east 267.72 feet (7) South 16 degrees 40 minutes 20 seconds, east 70.34 feet (8) South 12 degrees 29 minutes 40 seconds, east 139.02 feet (9) South 11 degrees 15 minutes 40 seconds, east 91.00 feet (10) South 14 degrees 13 minutes 50 seconds, east 192.50 feet (11) South 11 degrees 41 minutes 10 seconds, east 180.95 feet (12) South 14 degrees 06 minutes 30 seconds, east 161.70 feet (13) South 19 degrees 39 minutes 50 seconds, east 144.43 feet (14) South 14 degrees 15 minutes 50 seconds, east 71.14 feet (15) South 14 degrees 55 minutes 00 seconds, east 111.96 feet (16) South 12 degrees 20 minutes 50 seconds, east 598.78 feet 3 a (17) South 13 degrees 54 minutes 20 seconds, east 387.42 feet (18) North 75 degrees 53 minutes 00 seconds, east 23.10 feet (19) South 12 degrees 39 minutes 00 seconds, east 242.90 feet,thence to the northerly side of Main Road, Route 25; running thence along the northerly side of said Main Road, one course: (1) North 84 degrees 05 minutes 30 seconds, west 86.53 feet, thence in a northerly direction along lands of Russel,Latham and Terry,twenty-one courses: (1) North 10 degrees 31 minutes 00 seconds,west 211.37 feet (2) South 73 degrees 23 minutes 00 seconds west 27.55 feet (3) North 12 degrees 21 minutes 00 seconds,west 402.42 feet (4) South 85 degrees 23 minutes 20 seconds,west 52.24 feet (5) North 12 degrees 57 minutes 30 seconds,west 107.40 feet (6) North 14 degrees 50 minutes 40 seconds,west 92.60 feet (7) North 13 degrees 03 minutes 20 seconds,west 84.75 feet (8) North 13 degrees 15 minutes 10 seconds,west 340.95 feet (9) North 12 degrees 17 minutes 30 seconds,west 89.30 feet (10) North 14 degrees 05 minutes 20 seconds,west 125.12 feet (11) North 13 degrees 22 minutes 00 seconds, west 243.90 feet (12) North 18 degrees 35 minutes 40 seconds, west 365.65 feet (13) South 76 degrees 34 minutes 20 seconds,west 132.47 feet (14) North 11 degrees 16 minutes 40 seconds, west 290.10 feet (15) North 11 degrees 43 minutes 20 seconds,west 113.47 feet (16) North 10 degrees 37 minutes 10 seconds, west 110.05 feet (17) North 12 degrees 44 minutes 20 seconds, west 101.00 feet (18) North 10 degrees 09 minutes 30 seconds,west 88.65 feet (19) North 13 degrees 26 minutes 00 seconds,west 100.90 feet (20) North 15 degrees 52 minutes 50 seconds, west 101.34 feet (21) North 20 degrees 31 minutes 30 seconds,west 68.56 feet to a rock;thence easterly, one course: (1) North 74 degrees 17 minutes 40 seconds, east 97.62 feet; thence northerly one course: (1) North 11 degrees 26 minutes 00 seconds, west 833.61 feet; thence westerly four courses: , (1) North 80 degrees 00 minutes,west 287.76 feet (2) South 83 degrees 00 minutes,west 81.45 feet (3) South 58 degrees 00 minutes,west 93.73 feet (4) South 69 degrees 00 minutes,west 113.24 feet; thence northerly, two courses: (1) North 11 degrees 26 minutes 00 seconds,west 50.71 feet (2) North 69 degrees 00 minutes, east 100.00 feet to the point or place of beginning. 4 Town Hall, 53095 Main Road P.O. Box 1 179 Southold. New York 11971 TELEPHONE (516) 765-19 38 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 18, 1989 Kenneth C. Coenen r.0, Box 308 . Manorville, NY 11949 RE: Cove .Beach Estates SC_TM 41000-22-3-15 .1 &18 . 3 Dear My . Coenen: The following action was taken by the Southold Town Planning on Monday, August 14, 1989 . RESOLVED that the Southold Town Planning Board adopt the Findings Statement dated July 10, 1989. Upon receipt of revised maps incorporating the recommendations of the Findings Statement, which was adopted on August 10, 1989, the Planning Board will continue their review on this major subdivision. If you have any questi.on.s, please ,do not hesitate to contact this office. /7 v truly your, T ORLCKI ,JR. CHAIRMAN jt I �•i..�'r J"lib �. �:� ,•' M State Environmental Quality Review FINDINGS STATEMENT Pursuant to Article 8 (State Environmental Quality Review Act - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617, the Planning Board of the Town of Southold as lead agency, makes the following findings. Name of Action: Cove Beach Estates Description.o f Action: The action involves the proposed subdivision of a 96.3847 acre parcel of land zoned Residential "A" into 34 single family lots. There are also provisions for the construction of roads and drainage systems as well as the preservation of a portion of the site in open space and passive park. Location. The action is located on the north side of Main Road (NYS Route 25),west of Dam Pond, in the hamlet of East Marion, Town of Southold, Suffolk County, New York. The parcel fronts on Long Island Sound. It can be further defined as Suffolk County Tax Map Numbers 1000-22-3-15.1 & 18.3. igoc y Jtcrisdiction(s): The Planning Board of the Town of Southold, as the preparer of these ;'findings, has jurisdiction over the application for the subdivision of the parcel. Date Final EIS Filed: July 10, 1989 Page 1 of 6 _1 Cove Beach Estates Statement of Findings Facts and Conclusions in the EIS Relied Upon to Support the Decision: During the coordinated review of the Draft EIS numerous substantive comments were received from other involved agencies, civic groups and individuals. In addition, after the Final EIS was filed and circulated for public consideration two letters were received regarding the Final EIS, from the Suffolk County Department of Health Services and the North Fork Environmental Council, both dated July 20, 1989. The above referenced substantive comments, the relevant issues contained within the two letters and the facts and conclusions contained within the EIS, are used in consideration of the preparation of these findings, and summarized as follows: Surface Water/Wetlands. The site contains both tidal and freshwater wetlands. The tidal wetlands were flagged by the NYSDEC in 1984 and this line has been placed on the proposed plot layout. This line corresponds to conditions in the field. Freshwater wetlands are contained within three areas of the parcel. One of these areas, the largest, =on.ed to be preserved in part of the open space land provided for in the The other two areas, immediately east and west of the existing paved roadway, should be protected/preserved utilizing techniques such as; inclusion into the open space network, change in lot lines to provide sufficient setbacks, and/or through the use of restrictive covenants. No activity will be permitted within 100 feet of any natural freshwater wetlands. This condition will be im orsed at the time of subdivision through the filing of necessary assurances anWo covenants. In the case of the small man-made depression west of the existing road, some disturbance in this area may be necessary in order construct the main access road and maintain the necessary setback from natural wetlands. If impacts to a portion of this area are necessary, mitigation in the form of the creation of suitable wetland habitat will be required. The wetlands to be created shall be at least four (4) times the area of the wetlands that will be disturbed. Suitable area for wetland creation exists in the vicinity of the drainage area, and the open space area,west of the man-made depression. Plans must be provided by the applicant and prepared by a licensed engineer or landscape architect; to address the area of wetland creation, grading, water source(s), plantings, etc. These plans, as well as appropriate assurances for the wetland creation must . be submitted to and approved by the Town prior to the issuance of final approvals on the subdivision. Such a condition will mitigate the loss of the environmental benefits of the existing man-made wetland, west of the proposed access road. The site contains significant tidal and freshwater wetlands. These areas and the areas adjacent to the wetlands are among the most sensitive and environmentally valuable habitats the site. The Final EIS explored the sensitivity of these areas and the potential impacts associated with site development. In addition, comments on the Final EIS expressed significant concerned over the adequate protection of these areas. The project which was the subject of the Draft EIS, was found to encroach upon sensitive wetlands on the site, through violation of minimum setback requirements as required Page 2 of 6 Cove Beach Estates Statement of Findings under New York State wetlands regulations. As a result, the Final EIS contained a design alternative which sought to comply with regulations and provide additional setbacks from wetlands. It is herein determined that additional measures are needed to minimize environmental impacts to the maximum extent practicable. The EIS contains mitigation such as the use of restrictive covenants to limit clearing and locate structures, as well as the relocation of lot lines and reduction of the size of larger lots, thereby providing for greater land area to be included within the open space and wetland setback areas. In addition the relocation of some of the lots, to other portion of the site is also an appropriate measure to create additional open space and protect wetland areas. The importance of these measures will be further discussed herein as related to individual impact areas. Groundwater.- It has been demonstrated, through on site sampling and analysis, that the groundwater underlying the site is of satisfactory quality to provide potable water to the future residents of the subdivision from on site wells. In addition to the water quality analyses, groundwater elevations were established around the site. Some areas of high groundwater were identified. However, these areas are associated with the wetland areas, the conditions discussed above in the surface waters/wetlands section will also address any impacts which could occur from construction in areas of high groundwater. Information provided in the Final EIS also demonstrated that the implementation of the project at the proposed density will not cause a significant elevation in the existing level of nitrogen in groundwater underlying the site. Topography: Certain areas of the project site have areas of steep slopes, with the primary area of concern located adjacent to Long Island Sound. While none of the areas proposed for development are presently in active recession, the potential for erosion does exist if uncontrolled site development is allowed to occur. The proposed site development plan provides deep lots along Long Island Sound in order to allow for sufficient setbacks from the sound front slope areas. Additional conditions were considered in the Draft EIS and recorded in comments on the various documents. These include, but are not limited to: site grading plans at the time of building permits, limiting and controlling of access in areas of steep slopes (particularly on the slopes adjacent to Long Island Sound), restrictive covenants to limit clearing and locate structures, definition of building envelopes to avoid steep slope areas, containment of runoff from impervious surfaces and the relocation of lots and/or property lines to avoid construction on steep slope areas. These mitigation measures should be employed in connection with consideration of the subdivision map. Page 3 of 6 Cove Beach Estates Statement of Findings Vegetation: The site presently has a mix of vegetation types and habitats, with a majority of the site being wooded. The existing vegetation of site is important in terms support of area wildlife, as well as other natural resources and site aesthetics. While it is recognized that clearing will be necessary to undertake the proposed use, the amount and location of the clearing must be controlled. The above discussions on surface waters/wetlands and topography outline certain conclusions and mitigation measures contained within the EIS. These are also appropriate to prevent significant impacts to the vegetation found on site. In addition to the above, restrictive covenants should be filed on each lot which would limit the amount of clearing on each lot depending on its size. The standards for the maximum percent of clearing, as related to the square footage of the lot, is contained within the EIS. For those areas of the lots which will be cleared for construction, a minimum amount of turf and fertilizer dependant plant species should be installed during landscaping. Restrictions could be placed on the development of the subdivision to utilize native and near native plant species during landscaping. The above mitigation not only will help to restore the natural vegetation lost during construction, but will also reduce the potential for groundwater impacts from the use of lawn and garden fertilizers. Public Access/Open Space: Public access to the waterfront is appropriate and is to be provided in the northeast corner of the site. This proposed area provides access to both Long Island Sound and Dam Pond. This access point will be for passive use,with no access by motorized vehicles. As the area is also in close proximity to a wetland area, only minimal improvements to provide pedestrian access should be allowed. These improvements should avoid sensitive areas of the adjoining open space. The location and type of such improvements must be approved by the Town prior to final approvals and construction. As discussed above the wetland areas and their surrounding habitats should be protected and preserved. The relocation of lots and lot lines provide the opportunity to protect these resource's integrity. The most sensitive portion of the site in terms of natural habitat area and tidal and freshwater wetlands, is adjacent to Dam Pond and the associated wetlands. Accordingly, the maximization of open space in these areas should be strongly considered. Such a measure would provide an expansive open space continuum, which includes the passive recreation area and the designated open space on site, coupled with the Dam Pond area and adjacent large lots in the vicinity. The alternate design plan included in the Final EIS provided some measures to mitigate impacts, in response to comments on the proposed project; however, additional measures including relocation of lots, and further reduction of lot sizes, are also appropriate in order to maximize the preservation and enhancement of open space. Page 4 of 6 Cove Beach Estates Statement of Findings Revised Subdivision Map: A revised subdivision map was prepared during the SEQR procedure. This map is included in Appendix B of the Final EIS and discussed in Appendix F of that same document. The alternate plan was devised by the applicant and submitted in response to many of the comments which were raised during the comment period on the Draft EIS. The alternate plan results in many improvements which relate to the protection of natural resources. It is noted that the cul-de-sac to the northeast of the site has been removed thereby limiting wetland encroachment and eliminating the previous direct discharge of stormwater runoff to the wetlands. Lot frontages on lots 1 through 13 have been reduced in order to provide adequate setbacks from wetlands. Some lot sizes have been reduced in order to maximize the preservation of open space. It is documented within the record on the Final EIS for Cove Beach Estates that the wetlands and adjacent areas to Dam Pond contain extreme environmental sensitivity. It has also been documented that the retention and preservation of open space in environmentally sensitive areas of the site, is essential to the protection of natural and cultural resources. The Final EIS also provides information of the potential for impacts to occur as a result of disturbance of steep slope areas, with extreme ramifications expected adjacent to wetland areas. Accordingly, the further alteration of the revised subdivision map through relocation of lots adjacent to the Dam Pond wetland and open space area, and the further reduction of lots sizes in the vicinity of steep slopes and wetlands, is appropriate. In the northwest corner of the property a cul-de-sac is proposed that is partially off of the applicants property. Prior to the final approval, consent from the adjoining property owner(s) must be presented to the Town, in a form suitable to the Town Attorney, which authorizes the cul-de-sac to be constructed as proposed. Failure to provide such documentation will necessitate the realignment of the subdivision road layout. It is the conclusion of these findings that the revised subdivision map addresses many of the concerns and potential impacts which were associated with the proposed action. The measures included herein seek to minimize the impacts of the project to the maximum extent in consideration of the environmental sensitivity of the site, balanced with the needs and objectives of the Town as determined through land use planning and environmental documents and policy, as well as the objectives of the project sponsor. Therefore, the further consideration of the revised map (alternative design), with the incorporation of the above findings is appropriate. Page 5 of 6 Fsk 1,116-2 (9195)-7c617.20 SEQR Appendix AFEB - e5 . Stale Environmental QuallwFULL ENVIRONMENTAL Ass = Southold Town Purpose: 1-he full EAF is designed to help applicants and agencies f ndilelyy eiher a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unrneasureable. It is also understood that those wlio determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method Nviiereby applicants and agencies can be assured that the determination process Iras been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: I-he full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project. data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. .earl a: Focuses on identifying the range of possible impacts tliat may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced_ Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERM INATION OF SIGNIFICANCE—Type -1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 ❑Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude arid importance of each impact, it is reasonably determined by the lead agency tliat: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for.this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a COPIDITIONED negative declaration will be prtepared.' ❑ C. The project may result in one or more large and Important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only yalid for Unlisted Actions Narne of Action Name of Lead Agency Print or Type Name of Responsible Officer In Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date r PART 1•—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effe on the enviro-invent. Please complete the entire form, Parts A through E. Answers to these questions will be considers as part of the application for approval and may be subject to further verification and public review. Provide any addition information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not invol• new studies, research or investigation. if information requiring such additional wort; is unavailable, so indicate and speci each instance. IIAIdE OF ACTION Read—R"a- LOCATIO11 OF ACTION(Include Street Address, Municipality and County) . N.YS P.oui=e 25, East Plarion,, Towtr• off' Southold, County! of Ru NAME OF APPLICANTISPONSOR 6US114ESS TELEPHONE Cove Beach. Estates, LI,C (2121 1 -.3261. ADDRESS c./o In.terpoo.l_, In.c. , 6.33. Third d .X•ve. 17.th Floor CITY/PO STATE ZIP CODE New York. 14-091.7 NAME OF oWFIER(It different) BUSINESS TELEPIZONE ( ) —3 ADDRESS PO .Box: 1.547 STATE ZIP CODE CITYIPO Riverhead NY' J9I DESCRIPTI011 OF ACTION 12-1,ot subdivision. with. 2J3 of land preserved through.Conservation Deed. Please Comple(e Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, .both developed and undeveloped alreas. •I. Present land use: []Urban []industrial ❑Commercial UIResidential(suburban) ❑Rural(non-fa ❑forest (:]Agriculture . ]Other Vacant_-, coastal - n rt--ial Ly_� ad 2. Total acreage of project area: 104.35 acres. APPROXIMATE ACREAGE PRESENTLY AFTER C01\4PLET10I Meadow or Brushland (Non-agriculturaq 66,76 acres 17 74 acre 66,76 acres 58.00 act( Forested (wood.ed.) _ . 0 • 0 acres act( Agricultural (Includes orchards, cropland, pasture, etc.) _—T Z,�--- 7. 12 acr( Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) O_ acres 0 acn Water 5urface Area _ acres Unvegetated (Rock, earth or fill) bea:c.)t•, UuE; 9..81, acres 9.81, acr, • 0 acres � nti acr, Roads, buildings and other paved surfaces 7.72 acr Other (indicate type) ]awns apd. ],a.udsca,pii _ 0 acres P1, B.- Plymouth. ]oamy- sand 3. What is predominant soil type($) on project site? --= 20 % of site a. Soil drainage: E]We11 drained _84—_ % of site � Fvloderately well drained ❑Poorly drained _ 96 of site b. If any agricultural land is irtvolved,'how many acres of soil are classified within soil group 1 through 4 of the Land Classification Systern? .� _acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings or�prAoject site? OYes 0No a. Wltnt Is depth to bedrock? 7 -� _ _ (in Feet) 2 5. Approximate percentage of proposed project site with slopes: t)p_•IO 6 0� ❑10-15 is 0/0 L715% or greater a� —— .o 6. Is project SUbStanftajjy Contiguous to. or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes PNO 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes IKXlhlo 8. What is the depth of the water table? _-0-22(in feel) 9. Is site located over a primary, principal, or sole source aquifer? l es El If 10. UO hunting, Fishing or shell fishing opportunities presently exist in the project area? ❑yes IANo 11. Does project site conta n any species of plant. or animal life that is identified as threatened or endangered? OYes lhto � According to Identify each species 12. Are there any unique or unusual land formslo,i the project site? (i.e., cliffs, dunes, other geological formations). ❑Y es 614q Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? OYes bNO If yes, explain 14. Does t esent site include scenic views known to be important to the community? ❑Yes Flo .15. Streams within or contiguous to project area: _ )NeTre a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name L•I. Sound, wetlands a.t Dam Fond b. Size (Iri acres) 17. Is the site served by existing public utilities? IRYes ❑No a) If Yes, does sufficient capacity exist to allow connection? I21Yes []Flo b) If_Yes, will improvements be necessary to allow connection? - MYeS ONO 18. Is the site located in an agricultural district certified pursuant to Agriculture and 10arkets Law, Article 25-AA, Section 303 and 304? ❑Yes ®No 19. Is (lie site located in or substantial) c ntiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? Ye 00 O %M 20. I las the site ever been used for the disposal of solid or hazardous wastes? C]yes @Flo De i'iroject Desariptimi -I. Physical dimensions and scale of project(fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor_ 104 acres. b. Project acreage to be developed: 38 • acres initially; _ 38 acres ultimately. c. Project acreage to remain undeveloped 66 acres. d. Length of.project, in miles: --- (if appropriate) e. -If the project is an expansion, indicate percent of expansion proposed __ .. %; f. plumber of off-street parking spaces existing -- ;.proposed 24 g. Maximum vehicular trips generated per hour _ 5 _(upon'completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 12 Ultimately 12 f. Dimensions (in feet) of largest proposed structure 35' Height; _ 50 width; 60' length. j. Linear feet of (roMage along a public thoroughfare project will occupy is? 87 ft. 3 2. How much natural material (i.e.; rock, earth, etc.) will. be removed from the site? N/A ' tons/cubic yards 3. Will disturbed areas be reclaimed? YMYes ONO ON/A a. If yes, for what intended purpose is the site being reclaimed? To facilitate the proposed improye- 6. Will topsoil he stockpiled for reclamation? hyes ❑No ments c. Will upper subsoil be stockpiled for reclamation? MYes ❑N0 11.63 4. ?"low many acres of vegetation (trees, shrubs, ground covers) will be removed-from site? _ _ acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ❑Yes 11110 6. If single phase project: Anticipated period of construction 24 months, (including demolition). 7. If multi-phased: N/A a. Total number of phases anticipated (number). b. Anticipated dale of commencement phase -1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase "1 functionally dependent on subsequent phases? OYes 0110 8. Will blasOng occur during construction? ❑Yes MIh10 9. Ilumber'of jobs generated: during construction 1.0 after project is complete _0 "10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? ❑Yes IJNo If yes, explain "12. Is surface liquid waste disposal involved? ❑Yes II7116 -•-- a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? - aYes ONO Type Sanitary 14. Will surface area of an existing water body increase or decrease by proposal? ❑Yes "0110 Explain 15. Is project or any portion of project located in a 100 year flood plain? lYes ❑tdo 16. Will the project generate solid waste? JpYes ❑I4o 3.96 a. If yes, what is the amount per month tons _T— b. If yes, will an existing solid waste facility be used? . MYes ONO c. If yes, give name Southold ctat 74 ; location Cutclio ue_ d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? WYes ONo e. If Yes, explain ivlateria Pm�,7P�1 f� thp .7-a—& eam Eazre—trsz--.-aiidj c cling '17. Will tire project involve the disposal of solid waste? ?_]Yes 0110 a. If yes, what is the anticipated rate of disposal? 11/A tons/month. b. If yes, what is the anticipated site life? N/A years. .' 18. Will project use herbicides or pesticides? ®Yes ❑I,lo i.e. "lawn care '19. Will project routinely produce odors (more than one hour per day)? OYes tMNo 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes IONO 2-1. Will project result in an increase in energy use? f Yes 1J110 If yes , indicate type(s) ei,ec.tr•ical, 22. If water supply is from wells, indicate pumping capacity. 5 _ gallonsfminute. 23. Total anticipated water usage per day 3,600. gallons/day. 24. Does project Involve Local, State or Federal funding? ❑Yes R1110 If Yes, explain ------ 4 25. Ariprovals Required: Submittal T�'pe Dale City, Town, Village Board 0- Yes ❑I`lo City, Down, Village Planning Board UYes. C1No town Planning Board 47' Z� City, Town Zoning Board ❑Yes ONo Ci(y, County Health Department ]Yes. ❑lJo —8u_hd i>;s=on.PP-r �r'y - 4J02 Other Local Agencies OYes ONo Other Regional Agencies. UYes ONo Stale Agencies Oyes 011\10 federal Agencies 101'es ONo C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? ")'es ❑No If Yes, indicate decision required: ❑zoning amendment Ozoning variance Ospecial use permit Y ]subdivision Clsite plan ❑new/revision of master plan ❑resource management plan Oother 2. What is.the zoning classification(s)of the site? RZ 80 3. What is the maximum potential development of the site if developed as:permitted by the present zoning? 35-40 2.-ac rP residePr-;_n,l ci l nc 4. .-What is the proposed zoning of.the site? same 5. Ahrhat is the maximum potential development of the site if developer) as permitted by the proposed zoning? same G. Is.lhe proposed action consistent with the recommended uses in adopted local land use plans? Mes 111110 7.. What are the predominant land uses) and zoning classifications within a 1/ mile radius of proposed action? resid.eiaia_, 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/, mile? X�OYes ❑No 9. If the proposed action is the subdivision of land, how many lots are proposed? 1-2 a. What is the (ninimunr lot size proposed? 80,000 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? OYes ; ;NO "11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? `MYes ❑No A. If yes, is-existing capacity sufficient to handle projected demand? QYes ONo 12. Will the proposed action result in the generation'of traffic significantly above present levels? ❑Yes' E31h10 a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ONo D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be' any adverse' impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate. or avoid them. EL Verification certify that the information provided above is true to 'the best of my knowledge. Applicant/Spop,or Name �cye Bgeac'/) ESAc,►/515) L.L. Date <</'i/(1`J Signature Title _ cie-,7f r r�✓ 06 it/7�� if the action Ts in (lie Coastal Area, and you are a- slate agency, complete the Coastal Assessment Form before proceeding "vlth (Ills assessment. 5 I r l3. [ erry oG`. rlent 340 000 FEET p 7 1 /S T V. rr o Z� G 4. 771, ........ff Rdaky ,. Ilay © �_i Ei v O \ ' ;; 4n.':. -'," r ,.' -. I =.;:•. C) •, •.:..,., O Dam / / >� �r� \ Yat,+htC6ub.. 6,'; R as /. J z _ Pond 0. I,E' T n q D IN PS 45 41°0T30'/ 17P5 i(GREENPORTI 1726 72°22/30// 2 450000 FEET (N.Y:) I722 GREENPORT(TOWN HALL)-2o MI.724 6565 1//NE o� Mapped, edited, and published by the Geological Survey RIVERHEAD 24 M/. J�r��s Control by USC&GS SCALE 1:24000 \ o 50y T000graphy from aerial photographs by photogrammetric methods 6 Aerial photographs taken 1954. Field check 1956 MN 1000 0 1000 2000 3000 4000 50( j •G N_ Hydrography compiled from USC&GS charts 363 (1956) 1~ 5 0 and 1212 (1956) 13, , Polvconic projection. 1927 North American datum 231MILS' 1.45 1 ` 31MILS CONTOUR INTERVAL 10 FEET 10,000-foot grids based on New York coordinate system, ` D DOTTED LINES REPRESENT 5-FOOT CONTOU Long Island zone, and Connecticut coordinate system _ ATIONAL GEODETIC VERTICAL DATUM OF 1,000-meter Universal Transverse Mercator grid ticks, DE VES AND SOUNDINGS IN FEET—DATUM IS ME FEB zone 18, shown in blue UTM GRID AND 1956 MAGNETI S ORELIN SHOWN REPRESENTS THE APPROXIMATE LINE OF ME DECLINATION 19 CENTER TI HEEr THE MEAN RANGE OF TIDE IS APPROXIMATELY 3.4 I Fine red dashed lines indicate selected fence and field lines S MA COMPLIES W17H NATIONAL MAP ACCURA- visible on aerial photographs. This information is unchecked Southold 7oWn FOR SALE BY U.S.GEOLOGICAL SURVEY,RESTON, Map photoinspected 1976 Planning6c r ING TOPOGRAPHIC MAPS AND SYMBOLS IS No major culture or drainage changes observed CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net March 17, 2003 Southold Town Planning Board Main Road Southold, New York 11971 Attn: Mark Terry Re: Cove Beach Estates-Subdivision Dear Mr. Terry: We are enclosing five (5) additional prints of the subdivision map for the above matter. Very trulyyours, Li, F Charles R. Cuddy CRC:ik Enclosures E 9 � ld Townng Board New York State Department of Environmental Conservation ,nAf, Igivfsion of Environmental Permits, Region One Building 40 -SUNY, Stony Brook, New York 11790-2356 Phone: (631) 444-0365 • FAX: (631) 444-0360 Website: www.dec.state.ny.us Erin M.Crotty Commissioner LEAD AGENCY COORDINATION REQUEST Town of Southold Planning Board February 3, 2003 Town Hall PO Box 1179 53095 Main Rd. Southold,N.Y. 11971-0959 RE: SEQRA Lead Agency Coordination for Cove Beach Estates Subdivision DEC# 1-4738-03150/00001 Dear Sir/Madame: The purpose of this request is to determine under Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617, State Environmental Quality Review, the following: 1. Your agency's jurisdiction in the action described below. 2. Your agency's interest in acting as lead agency. 3. Issues of concern which your agency believes should be evaluated. Enclosed is a copy of the completed Part 1 of the environmental assessment form,DEC permit application and supporting documents to assist you in responding. Project Name: Cove Beach Estates,LLC Subdivision Project Location: North side of Main Road, approximately 1000 feet east of Kayleighs Court,East Marion. SCTM# 1000-22-3-9.1, 18.1, 18.7, 18.8. DEC Project Number: 1-4738-03150/00001 DEC Permits: Tidal Wetlands,possible Freshwater Wetlands SEOR Classification: Type 1 DEC Contact Person: George Hammarth (631)444-0371 DEC Position: The Department of Environmental Conservation recommends that the Town of Southold or Suffolk County Planning Commission assume lead agency status for this action because the majority of impacts/ issues appear to be of local concern. DECL � � � FES _ 5 2003 Southold Town Planning Board SEQR Lead Agency Coordination-Cove Beach Estates,LLC Subdivision February 3, 2003 Page 2 The action is the subdivision of a 104.4 acre parcel with frontage on Long Island Sound and Dam Pond into 12 residential lots ranging in area from 1.65 acres to 9.2 acres and the construction of a cul-de-sac access road. Two parcels of open space measuring 19.3 acres and 41.3 acres,respectively, will also be created. Response: Please respond within 30 days of the date of this letter.We recommend that the Town of Southold or Suffolk County Planning Commission assume lead agency status for this action. If no response is received within 30 days, we will assume that you have no objection to DEC or another agency assuming the role of lead agency, and have no comments to offer regarding the proposed action at this time. Please feel free to contact the undersigned for further information and discussion. Sincerely, George W. Hammarth Deputy Regional Permit Administrator Enclosures cc: Town of Southold Supervisor's Office I JOIN.1 A r P L I CA 1 I® b York State 95-19-3 (8/00)pfp FOR PERMIT "t '" ' L,rllted States Army Corps of Engineers Applicgble to agencies and permit categories listed in Item 1. Please read all instructions on back. Attach additional information as needed. Please print legibly or type. 1.Check permits applied for. 2 Name of Applicant"(use full name) Telephone Number (daytime) NYS Dept.of Environmental Conservation Cove Beach Estates, LLC: (212) 916-3261 Mailing Address' . ...: ❑ Stream Disturbance(Bed and Banks) - , • c/o Interpool, Inc. 633 Third Avenue, 17th Floor ❑ Navigable Waters.(Excavation and Fill) post Office State Zip' Code ❑ Docks;Moorings or Platforms (Construct or Place) New York, NY 10017 ❑ Dams and Impoundment Structures, 3.Taxpayer ID (If applicant is not an Individual) (Construct,Reconstructor Repaiij 13-4141836 ❑ Freshwater Wetlands ❑X Tidal Wetlands 4.Appbcant is a/an: (check as many as apply) ; ❑ Coastal Erosion Control Owner ❑Operator ❑Lessee ❑Municipality/Governmental Agency Wild,Scenic and Recreational Rivers 5 If applicant is not the owner,identify owner here- otherwise, you may provide Agent/Contact Person information.. ❑ 401 Water Quality Certification 8wwt -T"AgenUContact Person E30wner N]Agent/Contact Pelson Telephone Number (dayt(me) ❑ Potable Water Supply. _ Young & Young Attn: Thomas'C Wolpert, P.E. (631) 727-2303:.., Mailing Address ❑ Long Island wens 400 Ostrander Avenue ❑ Aquatic Vegetation Control Rost Oftice ❑ Aquatic Insect Control State Zip Code ❑ Fish control Riverhead NY 11901 6.Project/Facility Location (mark location on map, see.instruction 1a.) NYS Office of General Services County: Town/City/Village: Tax Map Section/Block /Lot Number: . (State Owned Lands Under Water) Suffolk, .P5lst Pbri_on, T/O Satathold lQ00--22:3 9.1,.P/O 18.1, 18.7 & 18.8' El Lease,License,Easement or Location'(including Street or'Road)" Telephone Number` (daytime) other Real Property Interest ❑ Utility Easement(pipelines,conduits, Main Road (S.R. '25) (212) 916-3261 cables, etc.) Post Office State Zip Code I T.Name of Stream or Waterbody.(on or near project site) ❑ Docks,Moorings or Platforms East Marion' NY 11939 g Lon Island Sound & Dam Pond (Constructor Place) 6.Name of 11SGS Quad Map: Location Coordinates: Adirondack Park Agency E=2,458,300 N=335,9OO ❑ Freshwater Wetlands Permit Orient NYTM-E " NYTM-N 4 ❑ Wild,Scenic and Recreational Rivers 9.Project Description and Purpose:(Category of Activity e.g.new constructionfinstallation,maintenance or replacement; Type of Structure or Activity e.g.bulkhead,dredging,filling,dam,dock,taking of water; Type of Materials and Quantities; Structure and Work Area Dimensions;Need or Purpose-Served) Lake George Park Commission ❑ Docks(Construct or Place) -Realty Subdivision--_1.2-Lots------------- ❑ Moorings(Establish) ------------------------------------------- --------------------------- US Army Corps of Engineers.. ------------------------------- ❑ Section 404(Waters of the United States) L 0 ❑ Section 10(Rivers and Harbors Act) D ------------------------------------------------------ -- ---------- ❑ Nationwide Permit(s) Identity Number(s) --.---------------------------------------------------- DEB For Agency Use'Only: l; DEC APPLICAZV,5;,7x�o - -- - - -------- ---- - - - I Southold Town ' innning Board US ARMY CORPS OF ENGINEERS ropose,. se: 11.Will Project Occupy .12.Proposed Sta a ompletion ® ❑ ❑ State Land?❑ ® Date: Date: Private Public Commercial Yes No Dec, 31, 2003 14.Has Work Begun on Project? (If yes, attach ❑ 15.List Previous Permit/Application Numbers.and Dates: (If Any) explanation of whywork was started without permit.)p P ) Yes No 10-84-0701 16. Will this Project Require Additional' ❑ If Yes; Town of Southold Planning Board Federal, State,or Local Permits? Yes No Please List: Suffolk. Count De t. of Health Services 17. If applicant is not the owner,both must sign the application I hereby affirm that information proGI eti on this form and all attachments submitted herewith is true to the best of my knowledge and belief. False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law. Further;the applicant accepts full responsibility for all damage,director indirect, i of whatever nature,and b whomever suffered,arising out of the project described herein and agrees to indemnify and save harmless the State from suits,actions, C, Y. 9 P 1 9 fY-,. damages and costs of every name and description resulting from said project. In addition,Federal Law,18 U.S.C.,Section 1061 provides for a fine of not more than $10,000 or imprisonment for not more than 5 years,or both where anapplic nowingly nd illingly falsifies,conceals,or covers up a mater'lal fact;or kno 'ugly�akZ or use a fa e,fi ticious or fraudulent statement. a see Date Signature of Applica Y': Title rTG fiP�� .. P-. Date 01/06/03 Signature of owner's Agent ��G2IdD Title Professional Engineer BOXES 5 THRU 9 MUST BE' ,D OR PRINTED IN BLACK INK ONLY PRIG )RECORDING OR FILING. 5V � mr I I SUFFOLK COUNTY CLERIC 2 3 1186V975 H Number of pagesfO�SJ ToRRENS- i Cl t>c-,r l Serial# CD Certificate# M54 =;; o" ® Prior f mo Dec /Mortgage Instrument Deed/Mortgage Tax St:unp Recording,/Filing Stamps 4 FEES ells t m 'ling Fee Mortgage Amt. �.�. g S 1.Basic Tax o� S_ 2.SONYMA otali n Sub Total ® EA-5 7(County) Sub Total r] 2 3.Spec./Add. 17(Stale) TOT.MTG.TAX R.P.T.S.A. � ._ �� Dual Town_Dual County_ Held for Apportionment Comm.of Ed. 5_._00_ z' 1 a�4 Transfer Tax J ' tP Affidavit ��VVVV �� • Mansion Tax _ f Certified Copy ._ The property covered by this mortgage is or will be improved by a one or two Reg.Copy _ Sub Total �,_ family dwelling only. . YES_ or NO_ Other GRAND TOTAL If NO,see appropriate tax clause on page# of this instrument. Real Property Tax Service Agency Verification G: Title Company Information Dist Section Block Lot 1000 022p Dp 03V coo 1000 Company Name D. c�7 Title Number FEE PAID BY: 7' Cash Check Charge Peconic Land Trust Incorporated Payer same asR&R_ P.O. Box 2088 Southampton, NY 11969 OR: >g: RECORD&RETURN TO 9 Suffolk County Recording & Endorsement Page This page forms part of the attached Conservation Easement made by: (Deed,Mortgage, etc.) Raoul J. witteveen The premises herein is situated in SUFFOLI{COUNTY,NEW YORI{. TO In the TOWN of Southold Peconic Land Trust, Inc. In the VILLAGE or HAMLET of East Marion DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT,is made on the3Vday of December,1997 at Southampton, New York.The parties are Raoul J. Witteveen, residing at 368 Daniels Lane, Sagaponack, New York 11962 (herein called the"Grantor"),and the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York Corporation, having a principal office at 296 Hampton Road (P.O. Box 2088), Southampton, New York 11969 (herein called "Grantee"). INTRODUCTION WHEREAS, the Grantor is the owner in fee simple of approximately 98.38 acres of real property located in the Town of Southold, Suffolk County, New York, known as Final Plat of Map of Cove Beach Estates, dated November 27, 1996, hereinafter more fully described in Schedule A, attached hereto and hereby made a part hereof,and hereinafter referred to as the "Property", further described as Suffolk County Tax Map Parcel Number 1000-22-3-15.1 and 18.3;and WHEREAS, the Property is located in the Low Density Residential R-80 Zoning District of the Town of Southold which designation,to the extent possible, is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town of Southold code, Section 100-30; and WHEREAS, the Property is currently restricted by a Conservation Easement held by Peconic Land Trust executed on December 23, 1995, and recorded in the Suffolk County Clerk's Office on December 29, 1995 at Libor 11756 Pg. 282, and known as the 1995 Easement, which restricted the property from a yield of thirty four (34) single family residences to twenty six (26) single family residences; and WHEREAS,the 1995 Deed of Conservation Easement was amended on December 18th, 1996,which Amendment of Deed of Conservation Easement was recorded on December 31, 1996 at the Suffolk County Clerk's Office, to further restrict the Property to seventeen (17) single' family residences with appurtenant structures and improvements, thereby creating an Open Area equal to 46.70 acres,and a Development Area equal to 51.68 acres; and WHEREAS, Grantor wishes to further restrict the Property in consideration of the conservation values of the Property and as a product of his own charitable intentions by granting a Conservation Easement over the Property thereby restricting the Development Area to no more than ten (10) single family residences with appurtenant structures and improvements, and thereby increasing the Open Area from 46.70 acres to 68.82 acres (as described in Schedule B attached hereto) and to reduce the Development Area from 51.68 acres to 29.56 acres (as described in Schedule C, attached hereto)so that a substantial portion of the Property shall remain in its open, undeveloped and scenic state, and to that end restates the restrictions applicable to the entire parcel; and WHEREAS,the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United State's Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County. New York;and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973,amended in 1986 and 1989 as adopted by the Town Board,Town of Southold code, Section 272-a of the Town Law, to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS,the Property has approximately 650 feet of frontage on Long Island Sound and approximately 450 feet of frontage on Dam Pond that provides the public with significant scenic vistas of contiguous woodland,wetlands and shoreline;and WHEREAS, the Property contains the following rare species, classified as S-1 by the Natural Heritage Program: Angelica Lucida, Maritime Red Cedar Forest (remnant), Erchtites Megalocarpa (fire weed), Petentilla anserina, sub species sb.pacifica (silver weed) and Digitaria Filisormis species; and 1 WHEREAS, the Property in its present scenic, agricultural and open space condition has substantial and significant value as an aesthetic and agricultural resource by reason of the fact that it has not been subject to any extensive development; and WHEREAS,the Grantor and Grantee recognize the value and special character of the region in which the Property is located, and the Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Open Area as an aesthetic, natural, scenic and agricultural resource; and WHEREAS,the Grantee has determined it to be desirable and beneficial and has requested the Grantor, for itself and its successors and assigns,to grant a Conservation Easement to the Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW,THEREFORE: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in SCHEDULE A,free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a qualified not-for-profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, and any amendatory or supplemental legislation (herein called "the Code"), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural, scenic and open space values of rural lands located in Suffolk County of Long Island. 0.03 Purpose The parties recognize the environmental, scenic, open space and agricultural values of the Open Area and have the common purpose of preserving these values. This Deed is intended to convey a Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for environmental, scenic, agricultural and natural values, by preventing the use or development of the Open Area for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Government Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural and open condition through conservation restrictions by enactment of Environmental Conservation Law, Article 49-0301, et. seq. and General Municipal Law, Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property, as determined by its Board of Directors, at a duly constituted meeting of that Board on November 13, 1995, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open land. 0.06 Documentation The Grantee acknowledges by acceptance of this Easement that Grantor's historical and present uses of the Property are compatible with the purposes of this Easement. Grantor has made available to Grantee suf I ici ent'documentation to establish the condition of the Property at the time of the gift of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, wildlife, watershed, scenic, agricultural and aesthetic 2 resources and otherwise to aid in identifying and documenting the Property's open space values as of the date hereof,to assist the Grantor and Grantee with monitoring the development and use of the Properly and ensuring compliance with the terms hereof, the Grantee has prepared, with the Grantor's full cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to: an aerial photograph, photographs of the Property, a topographical map, a description and site plan of existing land uses, features, and structures, if any, and an acknowledgment page signed by the Grantor and the Grantee which verifies that the Baseline Documentation report accurately represents the condition of the Property at the time of the easement. The Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's historical and present uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs, or other evidence to assist in the resolution of the controversy. 0.07 Recitation In consideration of the previously recited facts, mutual promises, undertakings and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This Deed conveys a Conservation Easement(herein called the"Easement"). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited in this Deed. Reference to this "Easement" or its "provisions" in this Deed shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect The covenants, terms, conditions, restrictions and purposes of this Easement shall run with the Property as an incorporeal interest in the Property, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns and all other individuals and entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word"Grantee"when used herein shall include all of those persons or entities. ARTICLE TWO GIFT GRANTOR hereby voluntarily grants, releases and conveys to Grantee,as an absolute gift, this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor and all future owners, tenants,occupants,assigns and possessors of said Property. 3 ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement,the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures The construction or placement of residential, commercial, industrial or other buildings, structures, or improvements of any kind or nature (including, but not limited to mobile homes), permanent or temporary, on, over or under the Property except pursuant to Section 4.05 and 4.06 hereof. Structures.and improvements, including, but not limited to, driveways and agricultural structures as permitted in Sections 4.05 and 4.06 hereof, may not be made on, over, or under the Property without the prior written consent of the Grantee, which may be granted if the structure or improvement does not defeat or derogate from the purposes of this Easement. 3.02 Excavation and Removal of Materials The excavating, mining or filling of the Property except as may be necessary to develop and maintain the single-family residences and appurtenant structures and improvements permitted in the Development Area and allowable non-residential improvements on the Property and to construct and maintain the permitted structures and improvements in the Open Area with the prior written consent of the Grantee. The removal of topsoil, sand, or other materials shall not take place on the Property nor shall the topography of the Property be changed except to develop and maintain the single-family residences and appurtenant structures and improvements permitted in the Development Area, to construct and maintain the permitted structures and improvements in the Open Area and for purposes of erosion control and soil management. Any such activity shall require the written consent of the Grantee. 3.03 Subdivision The subdivision or partitioning of the Property without the prior written consent of the Grantee, which shall be granted if that subdivision or partition does not defeat or derogate from the purposes of this Easement. In no event shall the Development Area be subdivided into more than ten (10) single-family residential lots as provided in Section 4.06 hereof, and none of the 10 lots shall be further subdivided in perpetuity unless the lot lines merge. Any changes in lot lines subsequent to final subdivision approval must be authorized by the Town of Southold Planning Board. 3,04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property. 3.05 Signs The display of signs, billboards, or advertisements on the Property except signs, whose placement, number, and design do not significantly diminish the scenic character of the Property and only for the following purposes: a) to state the name of the Property and the names and addresses of the occupants, b) temporarily to advertise the Property or any portion thereof for sale or rent, c) to post the Property to control unauthorized entry or use, and d) to announce the Grantee's conservation easement. 3.06 Clearing and Landscaping Activities Clearing or grading within the Open Area, except with the prior written consent of Grantee and as approved by the Town of Southold Planning Board and as necessary for existing easements of record, if any. Otherwise,the Open Area shall remain in a natural state, and maintenance of the natural vegetation therein shall be the only use or activity allowed, except as provided in Section 4.05. The removal of trees, shrubs, or other vegetation from the Property, except as provided in Sections 4.04 and 4.06. 4 3.07 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Open Area without the prior written consent of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the center line of roads or driveways, and may be used solely to service the permitted structures. 3.08 Uses The use of the Property for any commercial or industrial purpose except that agricultural uses expressly permitted in Section 4.05 shall not be considered a commercial or industrial use. 3,09 Development Rights The use of the acreage of this Property burdened with this Easement for purposes of calculating lot yield on any other property. Grantor hereby grants to Grantee all residential development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to this Easement, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York State, and federal law which will not defeat or derogate from the purposes of this Easement. 4.04 Landscaping Activities Grantor shall have the right to continue the historical modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs,or other vegetation when dead,diseased,dangerously decayed or damaged on the Property. Clearing, cutting and grading within 50 feet of the top edge of the bluff shall be limited to that necessary for proper maintenance and removal of diseased,decayed or dead material and obnoxious plant species. Such clearing, cutting and grading shall be subject to the prior written ' consent of Grantee and review by the Town of Southold Planning Board to insure proper maintenance and preservation of the natural buffer on Long Island Sound. 4.05 Agricultural Activities Grantor shall have the right to continue or restore the historical, locally typical and/or customary modes and levels of farming, including pasturing, grazing, feeding and care of livestock and cultivation of crops, provided that such agricultural activity shall be conducted in accordance with the purposes of this Easement and provided that care shall be taken to preserve and protect the rare species of plant life. No agricultural activity shall be conducted within 100 feet of the rare species so that agricultural use of the soil and the application of herbicides cannot affect the rare species. Normal agricultural fencing and accessory structures, as provided in 4.06 B, and as may be reasonably necessary in connection with agricultural use and the maintenance on the Property of horses, sheep, beef or dairy cattle, or similar domestic 5 livestock, may be constructed, maintained or replaced by Grantor with the prior written consent of the Grantee. 4.06 Structures A. Allowable Residential Improvements. Grantor shall have the right to construct no more than ten (10) single-family residences with appurtenant structures and improvements reasonably necessary to serve such residences including, without limitation, driveways, garages, storage sheds, septic systems and leaching pools, swimming pools, pool houses, tennis courts, or other family-scale athletic facilities. All such residences, structures and improvements shall be constructed, maintained and replaced within the Development Area as described in Schedule C except as provided in Section 3.01. Clearing and grading within each residential lot shall be limited to that necessary for siting, constructing, renovating, expanding, converting or replacing the residences and appurtenant structures and improvements with the intent of preserving as much of the natural vegetation on the site as possible and minimizing storm water runoff and erosion. No storm water runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. B. Allowable Non-Residential Improvements. Grantor shall have the right to erect and maintain the following non-residential improvements in the Open Area which are necessary to and consistent with the uses as permitted in Sections 4.05 and 4.06 hereof: (i) Agricultural Structures, including but not limited to barns and sheds as is necessary for the agricultural use of the Open Area,placed such that they do not detract from and adversely affect the scenic value of this Easement; and (i i) Underground facilities normally used in connection with supplying utilities, removing sanitary sewage effluent, and controlling storm water runoff from the improvements permitted under the terms of this paragraph B hereof. Any such underground utilities must, to the extent possible, be constructed within 30 feet of the center line of roads or driveways, and may be used solely to service the permitted structures. No new sanitary disposal facilities or structures, with the exception of that stated in Paragraph (iii) below, shall be constructed or otherwise located between the high water mark and the one-hundred (100) foot setback from the top of the bluff; and (iii) Access Drives, to provide access to the improvements permitted by this paragraph 4.06 and any existing recorded rights-of-ways to adjacent properties. Access to the beach down the face of the bluff shall be only by means of a suitable structure. The structure shall be designed and constructed in a manner that will result in the least threat to the stability of the bluff and must be in accordance with all applicable permits; and (iv) Fences, placed such that they do not detract from and adversely affect the scenic value of this Easement;and C. Replacement of Structures In-Kind. In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvement impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted within the same location subject to' the review and written approval of Grantee. D. Environmental Sensitivity During and After Construction. The use and location of such improvements shall be consistent with the conservation purposes intended herein, and constructed by methods which are attentive to minimizing disturbances to the environment, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. No storm water runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff. 6 4.07 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property which could adversely affect the conservation purposes which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.06 herein. Grantor shall provide Grantee with complete documentation including architectural plans of any proposed structures which are subject to Grantees approval which shall not be unreasonably withheld. Such approval, disapproval or comments of Grantee shall be given to Grantor within 45 days after all necessary documentation and information is submitted to Grantee. 4.08 Alienability Grantor shall have the right to convey all or any part of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full names and mailing addresses of all Grantees, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting forth the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges which may become a lien on the Property, including any taxes or levies imposed to make those payments. If Grantor fails to make such payments, Grantee is authorized to make such payments (but shall have no obligation to do so) upon ten days prior written notice to Grantor, according to any bill, statement or estimate procured from the appropriate public office without inquiry into the accuracy thereof. That payment, if made by Grantee, shall become a lien on the Property of the same priority as the item if not paid would have become, and shall bear interest until paid by Grantor at two percentage points over the prime rate of interest from time to time charged by Citibank, N.A. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless from any charges or liens imposed upon Grantee arising from the physical maintenance and upkeep of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall Indemnify and hold Grantee harmless for any liability, costs, attorneys' fees,judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: a) from injury to persons or damages to Property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 7 ARTICLE SIX GRANTEES RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon reasonable prior notice to Grantor, and in a manner that will not interfere with the Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purpose, except as provided in Section 6.03, nor to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that the Grantee may reasonably deem necessary. However,it is understood and agreed by the parties hereto that the Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the Open Space Values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (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 breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto or on the date hereof, or to such condition as is expressly permitted hereby or as may be pursuant to the terms hereof, as Grantee deems appropriate under the circumstances, or (iii) to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "legal expenses") in connection with any proceedings under this Section 7.03. 6.04 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 6.05 Assignability Grantee shall have the right to assign any and all of its rights and responsibilities under this Easement, and any and all of its rights,title and interest in and to this Easement only to a qualified organization (herein called "the Assignee"). As used herein: the term "qualified organization" means a not-for-profit corporation or governmental unit or agency which is qualified to receive such interests pursuant to Article 49 of the New York Environmental Conservation Law, and is a qualified organization within the meaning of Section 170(h)(3) of the Code. Any assignment by Grantee or Grantee's successors must require the Assignee or 8 Assignee's successors to carry out the purposes of this Easement. The Assignee and its successors and assigns shall have the same right of assignment. 6.06 Succession If at any time Grantee or any successor or assignee is unable to enforce this Easement fully or fails to do so, or if Grantee or any successor or assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section 170 (h)(3) then this Easement shall be vested in such other qualified corporation, body or agency as defined and upon the conditions contained in Section 6.05 as the Grantee shall designate. If,on the occurrence of any of these events,Grantee or any successor or.assignee fails to assign all of its rights and responsibilities under this Easement and all of its rights, title and interest in and to this Easement to a qualified organization, then the rights and responsibilities under this Easement shall become vested in another qualified organization in accordance with a cy pres proceeding brought in any court of competent jurisdiction. 6.07 Extinguishment This easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.07, the fair market value of such right and interest shall be equal to the difference, as of the date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby (such difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinafter referred to as the "Proportionate Share"). In the event a material unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, resulting in an extinguishment of this Easement or any material term or provision hereof by a judicial proceeding; then upon a subsequent transfer of title to the Property by sale, gift, devise, exchange, taking by eminent domain or by purchase in lieu of a taking, Grantor shall pay to Grantee an amount equal to the greater of (x) the consideration paid by Grantee to Grantor for this Easement or (y) the Proportionate Share of the proceeds of such transfer. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking,so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the Property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered proceeds. The Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.07 shall be in addition to, and not in limitation of, any rights they may have by law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. 6.08 No Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property. Accordingly, Grantee shall not invite the public to enter upon the Property without the prior written consent of the Grantor. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 9 7.02 Amendment This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170 (h). The parties agree to amend the provisions of this Easement in such manner as may be indicated by the Internal Revenue Service, as a result of final determination after audit of the federal income tax return of the Grantor, to entitle the Grantor to the charitable deduction described in I.R.C. Section 170 (h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This Easement can be terminated or modified only in accordance with the common and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain of the restrictions contained in this Easement. To this end, Grantee and Grantor shall mutually have the right, in their sole discretion, to agree to amendments to this Easement which are not inconsistent with the basic purposes of this Easement set forth in the Introduction hereof; provided, however, that Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid Conservation Easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, any regulation issued pursuant thereto, or Section 170(h) of the Internal Revenue Code governing "Qualified Conservation Contributions." The parties acknowledge that the boundaries of the Open Area and the Development Area may have to be adjusted as provided herein,and the parties agree to cooperate in such boundary line adjustments as may be necessary, provided said adjustments would not result in diminution of the Open Area or an increase in the number of lots or primary structures to be developed by the Grantor. 7.03 Severability Any provision of this Easement, restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement which is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.04 Notice All notices required by this Easement must be written. Notices shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed,sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein,or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the President, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement as intended by Grantor. Any rule of strict construction designed to limit the breadth of 10 the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and, this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by Grantor. The parties intend that this Easement,which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Warranties The warranties and representation made by the parties in this Easement shall survive its execution. 7.08 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.09 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 11 IN WITNESS WHEREOF,Grantor has executed and delivered and Grantee has accepted and received this Deed of Conservation Easement on the day and year set forth above. STATE OF NEW YORK SS: COUNTY OF SUFFOLK I, EDWARD P.ROMAINE,CLERK OF THE COUNTY OF SUFFOLKAND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY(SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF _ ZX-&7j .LIBER PSO'i AT PAGE i 7- RECORDED AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL EASEMENT AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS agdh DAY OF -Ggr.e"62,- 1997 . -P CLERK 12-016e.eMsa STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On this�q A day of December, 1997, before me personally appeared Raoul J.Witteveen, who,being by me duly sworn, said that he resides at 368 Daniels Lane, Sagaponack, New York, 11962, the Grantor mentioned and described in, and who executed the foregoing instrument, and he duly acknowledged to me that he executed the nn same. N tary Public Julie G.Tiska No.01TI5064466 Notary Public State of New York OF SUFFOLK SS.: Qualified in Suffolk County COUNTY OF UFF STATEO > Commission Expires Yjl-q�q7 ) On this 29t'day of December, 1997,before me personally appeared JOHN v.H. HALSEY,who, being by me duly sworn,said that he resides at 469 Majors Path,Town of Southampton,New York,that he is President of PECONIC LAND TRUST,INCORPORATED,the Grantee mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein; and that he signed his name thereto by authority of the Board of Directors of the said Corporation. N tary Public Julie G.Tiska No. 01TI5064466 Notary Public State of New York Qualified in Suffolk County Commission Expires s--1f9hv SCHEDULE A: Metes and Bounds Description of the Property. SCHEDULE B: Metes and Bounds Description of the Open Area. SCHEDULE C: Metes and Bounds Description of the Development Area. 12 SCHEDULE "A" November 27, 1996 Cove Beach Estates at East Marion,Town of Southold, New York S.C.T.M. No.: 1000-22-3-15.1 & 1000-22-3-18.3 Surveyor's Description-Entire Parcel ALL that certain plot, piece, or parcel of land,with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road at the southeasterly corner of land now or formerly Frank R. Russel and Others, said point being situate 1776 feet easterly as measured along the northerly side of Main Road from the intersection of the northerly side of Main Road and the easterly side of Stars Road: RUNNING thence from said point of beginning along land now or formerly Frank R. Russel and Others the following four(4)courses and distances: 1. North 23 deg. 22 min. 16 sec. West 211.37 feet, 2. South 60 deg. 31 min. 44 sec. West 27.55 feet, 3. North 25 deg. 15 min. 16 sec. West 402.42 feet, 4. South 72 deg. 32 min. 04 sec. West 52.24 feet to land now or formerly Ronald Edeen, Jr. and Barbara Edeen,- RUNNING thence along land now or formerly Ronald Edeen, Jr. and Barbara Edeen the following two(2)courses and distances: 1. South 77 deg. 58 min. 14 sec. West 155.85 feet, 2. South 74 deg. 31 min. 54 sec. West 59.26 feet to land now or formerly Frank E. Begora, Jr. and Iris R. Begora; RUNNING thence along land now or formerly Frank E. Begora, Jr. and Iris R. Begora the following two(2)courses and distances: 1. South 78 deg. 29 min. 54 sec. West 295.42 feet, 2. South 27 deg. 28 min. 06 sec. East 11.58 feet to land now or formerly Myron B. Brown; RUNNING thence South 76 deg. 28 min. 04 sec. West along land now or formerly Myron B. Brown 180.74 feet to land now or formerly John Psaroudakis and Luz Psaroudakis; RUNNING thence North 24 deg. 08 min. 36 sec. West along land now or formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E. Cook 932.76 feet to a point; RUNNING thence South 65 deg. 51 min. 24 sec. West still along land now or formerly Dorothy E. Cook 137.75 feet to the easterly side of a certain 16 foot wide right-of-way through land now or formerly Dorothy E. Cook; RUNNING thence along the easterly side of said right-of-way the following two (2)courses and distances: 1. North 24 deg. 41 min. 56 sec. West 529.80 feet, Page 1 2. North 23 deg. 47 min. 16 sec. West 269.74 feet to a point; RUNNING thence still along land now or formerly Dorothy E. Cook the following three(3)courses and distances: 1. North 65 deg. 51 min. 34 sec. East 141.21 feet, 2. North 24 deg. 08 min. 36 sec. West 206.00 feet, 3. North 25 deg. 26 min. 56 sec. West 311.78 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thence along land now or formerly Otto Uhl, Jr. et al. North 61 deg. 16 min. 04 sec. East 156.76 feet to land now or formerly Constance J. Terry; RUNNING thence along land now or formerly Constance J. Terry the following ten(10)courses and distances: 1. South 25 deg. 31 min. 36 sec. East 836.45 feet, 2. North 65 deg. 47 min. 54 sec. East 288.00 feet, 3. North 24 deg. 12 min. 06 sec. West .176.10 feet, 4. North 24 deg. 38 min. 46 sec. West 113.47 feet, 5. North 23 deg. 32 min. 36 sec. West 110.05 feet, 6. North 25 deg. 39 min. 46 sec. West 101.00 feet, 7. North 23 deg. 04 min. 56 sec. West 88.65 feet, 8. North 26 deg. 21 min. 26 sec. West 100.90 feet, 9. North 28 deg. 48 min. 16 sec. West 101.34 feet, 10. North 33 deg. 26 min. 56 sec. West 68.56 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thence along land now or formerly Otto Uhl, Jr. et al. the following four(4)courses and distances: 1. North 61 deg. 22 min. 14 sec. East 97.62 feet, 2. North 24 deg. 21 min. 26 sec. West 833.61 feet, 3. North 45 deg. 03 min. 26 sec. West 67.42 feet, 4. North 02 deg. 48 min. 04 sec. East 527.67 feet to the approximate highwater mark of Long Island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound the following fifteen(15)tie line courses and distances: 1. South 83 deg. 14 min. 46 sec. East 28.26 feet, 2. South 62 deg. 51 min. 09 sec. East 201.85 feet, 3. South 13 deg. 33.min. 58 sec. East 39.20 feet, 4. South 41 deg. 24 min. 15 sec. East 85.68 feet, 5. South 35 deg. 17 min. 27 sec. East 447.02 feet, 6. South 54 deg. 42 min. 50 sec. East 142.20 feet, 7. South 61 deg. 51 min. 04 sec. East 142.78 feet, B. South 67 deg. 52 min. 44 sec. East 167.49 feet, 9. South 73 deg. 20 min. 32 sec. East 501.35 feet, 10. South 70 deg.23 min. 39 sec. East 215.43 feet, 11. South 73 deg. 28 min. 00 sec. East 227.73 feet, 12. South 71 deg. 06 min. 21 sec. East 210.19 feet, 13. South 82 deg. 49 min. 39 sec. East 69.50 feet, 14. South 76 deg. 56 min. 14 sec. East 108.12 feet, 15. South 81 deg. 51 min. 42 sec. East 321.20 feet to land now or formerly Robert W. Gillespie, Jr. and David Gillespie; RUNNING thence along land now or formerly Robert W. Gillespie, Jr. and David Gillespie South 06 deg. 24 min. 34 sec. West 198.78 feet to the approximate Page 2 highwater mark of Dam Pond; RUNNING thence along the approximate highwater mark of Dam Pond the following thirty-three (33)tie line courses and distances: 1. South 89 deg. 19 min. 53 sec. West 73.94 feet, 2. North 75 deg. 37 min. 52 sec. West 48.78 feet, 3. North 87 deg. 59 min. 45 sec. West 58.54 feet, 4. North 89 deg. 33 min. 38 sec. West 37.38 feet, 5. North 63 deg. 46 min. 47 sec. West 46.02 feet, 6. North 85 deg. 42 min. 49 sec. West 63.84 feet, 7. North 66 deg. 04 min. 49 sec. West 28.08 feet, 8. South 33 deg. 57 min. 52 sec. East 180.87 feet, 9. South 18 deg. 42 min. 02 sec. East 110.06 feet, 10. North 89 deg. 10 min. 25 sec. East 85.79 feet, 11. South 38 deg. 23 min. 13 sec. East 81.33 feet, 12. South 24 deg. 16 min. 05 sec. East 73.11 feet, 13. South 51 deg. 10 min. 48 sec. West 49.25 feet, 14. South 32 deg. 39 min. 33 sec. East 58.55 feet, 15. South 28 deg. 04 min. 43 sec. West 53.12 feet, 16. South 82 deg. 54 min. 21 sec. West 46.53 feet, 17. North 77 deg. 57 min. 36 sec. West 146.19 feet, 18. South 63 deg. 05 min. 10 sec. West 64.68 feet, 19. South 04 deg. 56 min. 12 sec. West 73.36 feet, 20. South 23 deg. 18 min. 55 sec. East 58.90 feet, 21. South 55 deg. 48 min. 53 sec. East 32.68 feet, 22. North 86 deg. 48 min. 55 sec. East 82.98 feet, 23. South 75 deg. 54 min. 56 sec. East 68.05 feet, 24. North 55 deg. 39 min. 06 sec. East 61.71 feet, 25. North 14 deg. 48 min_ 34 sec. East 92.74 feet, 26. North 53 deg. 31 min. 16 sec. East 24.33 feet, 27. South 07 deg. 39 min. 07 sec. East 31.57 feet, 28. South 11 deg. 06 min. 27 sec. West 49.53 feet, 29. South 19 deg. 55 min. 03 sec. East 106.82 feet, 30. South 56 deg. 03 min. 02 sec. West 48.86 feet, 31. South 77 deg. 01 min. 56 sec. West 61.30 feet, 32. South 79 deg. 24 min. 50 sec. West 79.63 feet, 33. South 16 deg. 48 min. 29 sec. West 20.47 feet to land now or formerly Joseph Frederick Gazza; RUNNING thence along land now or formerly Joseph Frederick Gazza , along land now or formerly Bernice Lettieri, along other lands now or formerly Joseph Frederick Gazza, and along land now or formerly Andrew Lettieri the following thirteen (13)courses and distances: 1. North 87 deg. 08 min. 46 sec. West 103.77 feet, 2. North 00 deg. 35 min. 14 sec. East 9.00 feet, 3. North 89 deg. 05 min. 36 sec. West 450.01 feet, 4. South 89 deg. 43 min. 34 sec. West 520.88 feet, 5. South 25 deg. 30 min. 06 sec. East 608.15 feet, 6. North 81 deg. 12 min. 16 sec. West 312.90 feet, 7. South 32 deg. 12 min. 06 sec. East 144.10 feet, 8. South 27 deg. 10 min. 36 sec. East 71.14 feet, 9. South 27 deg. 49 min. 46 sec. East 111.96 feet, 10. South 25 deg. 15 min. 36 sec. East 598.78 feet, 11. South 26 deg. 45 min. 36 sec. East 387.32 feet, 12. North 63 deg. 01 min. 44 sec. East 23.10 feet, 13. South 25 deg. 30 min. 16 sec. East 242.90 feet to the northerly side of Main Road; Page 3 RUNNING thence along the northerly side of Main Road South 83 deg. 03 min. 14 sec. West 86.62 feet to the point or place of BEGINNING. CONTAINING an area of 98.3783 Acres. SUBJECT to all rights of way, easements and or covenants of record, if any. Page 4 } SCHEDULE "B" November 26, 1996 Cove Beach Estates at East Marion,Town of Southold, New York S.C.T.M. No.: 1000-22-3-15.1 & 1000-22-3-18.3 Surveyor's Description-Open Space Area ALL that certain plot, piece, or parcel of land,with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road at the southeasterly corner of land now or formerly Frank R. Russel and Others, said point being situate 1776 feet easterly as measured along the northerly side of Main Road from the intersection of the northerly side of Main Road and the easterly side of Stars Road: RUNNING thence from said point of beginning along land now or formerly Frank R. Russel and Others the following four(4)courses and distances: 1. North 23 deg. 22 min. 16 sec. West 211.37 feet, 2. South 60 deg. 31 min. 44 sec. West 27.55 feet, 3. North 25 deg. 15 min. 16 sec. West 402.42 feet, 4. South 72 deg. 32 min. 04 sec. West 52.24 feet to land now or formerly Ronald Edeen, Jr. and Barbara Edeen; RUNNING thence along land now or formerly Ronald Edeen, Jr. and Barbara Edeen the following two(2)courses and distances: 1. South 77 deg. 58 min. 14 sec. West 155.85 feet, 2. South 74 deg. 31 min. 54 sec. West 59.26 feet to land now or formerly Frank E. Begora, Jr. and Iris R. Begora; RUNNING thence along land now or formerly Frank E. Begora, Jr. and Iris R. Begora the following two(2)courses and distances: 1. South 78 deg.29 min. 54 sec. West 295.42 feet, 2. South 27 deg.28 min. 06 sec. East 11.58 feet to land now or formerly Myron B. Brown; RUNNING thence South 76 deg. 28 min. 04 sec. West along land now or formerly Myron B. Brown 180.74 feet to land now or formerly John Psaroudakis and Luz Psaroudakis; RUNNING thence North 24 deg. 08 min. 36 sec. West along land now or formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E. Cook 932.76 feet to a point; RUNNING thence South 65 deg. 51 min. 24 sec. West still along land now or formerly Dorothy E. Cook 137.75 feet to the easterly side of a certain 16 foot wide right-of-way through land now or formerly Dorothy E. Cook; RUNNING thence along the easterly side of said right-of-way the following two(2)courses and distances: 1. North 24 deg. 41 min. 56 sec. West 529.80 feet, Page 1 2. North 23 deg. 47 min. 16 sec. West 269.74 feet to a point; RUNNING thence still along land now or formerly Dorothy E. Cook the following three (3)courses and distances: 1. North 65 deg. 51 min. 34 sec. East 141.21 feet, 2. North 24 deg. 08 min. 36 sec. West 206.00 feet, 3. North 25 deg. 26 min. 56 sec. West 311.78 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thence North 61 deg. 16 min. 04 sec. East along land now or formerly Otto Uhl, Jr. et al to land now or formerly Constance J. Terry; RUNNING thence along land now or formerly Constance J.Terry the following ten(10)courses and distances: 1. South 25 deg. 31 min. 36 sec. East 836.45 feet, 2. North 65 deg. 47 min. 54 sec. East 288.00 feet, 3. North 24 deg. 12 min. 06 sec. West 176.10 feet, 4. North 24 deg. 38 min. 46 sec. West 113.47 feet, 5. North 23 deg. 32 min. 36 sec. West 110.05 feet, 6. North 25 deg. 39 min.46 sec. West 10 1.00 feet, 7. North 23 deg. 04 min. 56 sec. West 88.65 feet, 8. North 26 deg. 21 min.26 sec. West 100.90 feet, 9. North 28 deg. 48 min. 16 sec. West 101.34 feet, 10. North 33 deg. 26 min. 56 sec. West 68.56 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thenc North 61 deg. 22 min. 14 sec. East along land now or formerly Otto Uhl, Jr. et al 97.62 feet to the southeasterly corner of land now or formerly Otto Uhl, Jr. et al; RUNNING thence through land of the party of the first part the following ten (10)courses and distances: ' 1. South 84 deg. 52 min. 22 sec. East 164.13 feet, 2. on a curve to the right having a radius of 60.00 feet a distance of 203.36 feet, 3. on a curve to the left having a radius of 40.00 feet a distance of 34.00 feet, 4. on a curve to the left having a radius of 900.00 feet a distance of 209.64 feet, 5. on a curve to the right having a radius of 2250.00 feet a distance of 263.01 feet, 6. South 66 deg. 01 min.44 sec. East 183.36 feet, 7. on a curve to the right having a radius of 170.11 feet a distance of 187.23 feet, . B. North 44 deg. 01 min. 27 sec. East 404.16 feet, 9. South 71 deg.27 min. 16 sec. East 110.00 feet, 10. North 18 deg. 32 min. 44 sec. East 428.72 feet to the approximate highwater mark of Long Island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound the following four(4)tie line courses and distances: 1. South 71 deg. 06 min. 21 sec. East 210.19 feet, 2. South 82 deg.49 min. 39 sec. East 69.50 feet, 3. South 76 deg. 56 min. 14 sec. East 108.12 feet, 4. South 81 deg. 51 min. 42 sec. East 321.20 feet to land now or formerly Robert W. Gillespie, Jr. and David Gillespie; Page 2 RUNNING thence along land now or formerly Robert W. Gillespie, Jr. and David Gillespie South 06 deg. 24 min. 34 sec.West 198.78 feet to the approximate highwater mark of Dam Pond; RUNNING thence along the approximate highwater mark of Dam Pond the following thirty-three (33) tie line courses and distances: 1. South 89 deg. 19 min. 53 sec. West 73.94 feet, 2. North 75 deg. 37 min. 52 sec. West 48.78 feet, 3. North 97 deg. 59 min. 45 sec. West 58.54 feet, 4. North 89 deg. 33 min. 38 sec. West 37.38 feet, 5. North 63 deg. 46 min. 47 sec. West 46.02 feet, 6. North 85 deg. 42 min. 49 sec. West 63.84 feet, 7. North 66 deg. 04 min. 49 sec. West 28.08 feet, 8. South 33 deg. 57 min. 52 sec. East 180.87 feet, 9. South 18 deg. 42 min. 02 sec. East 110.06 feet, 10. North 89 deg. 10 min. 25 sec. East 85.79 feet, 11. South 38 deg. 23 min. 13 sec. East 81.33 feet, 12. South 24 deg. 16 min. 05 sec. East 73.11 feet, 13. South 51 deg. 10 min. 48 sec. West 49.25 feet, 14. South 32 deg. 39 min. 33 sec. East 58.55 feet, 15. South 28 deg. 04 min. 43 sec. West 53.12 feet, 16. South 82 deg. 54 min. 21 sec. West 46.53 feet, 17. North 77 deg. 57 min. 36 sec. West 146.19 feet, 18. South 63 deg. 05 min. 10 sec. West 64.68 feet, 19. South 04 deg. 56 min. 12 sec. West 73.36 feet, 20. South 23 deg. 18 min. 55 sec. East 58.90 feet, 21. South 55 deg. 48 min. 53 sec. East 32.68 feet, 22. North 86 deg. 48 min. 55 sec. East 82.98 feet, 23. South 75 deg. 54 min. 56 sec. East 68.05 feet, 24. North 55 deg. 39 min. 06 sec. East 61.71 feet, 25. North 14 deg. 48 min. 34 sec. East 92.74 feet, 26. North 53 deg. 31 min. 16 sec. East 24.33 feet, 27. South 07 deg. 39 min. 07 sec. East 31.57 feet, 28. South 11 deg. 06 min. 27 sec. West 49.53 feet, 29. South 19 deg. 55 min. 03 sec. East 106.82 feet, 30. South 56 deg. 03 min. 02 sec. West 48.86 feet, 31. South 77 deg. 01 min. 56 sec. West 61.30 feet, 32. South 79 deg. 24 min. 50 sec. West 79.63 feet, 33. South 16 deg. 48 min. 29 sec. West 20.47 feet to land now or formerly Joseph Frederick Gazza; RUNNING thence along land now or formerly Joseph Frederick Gazza , along land now or formerly Bernice Lettieri, along other lands now or formerly Joseph Frederick Gazza, and along land now or formerly Andrew Lettieri the following thirteen(13)courses and distances: 1. North 87 deg. 08 min. 46 sec. West 103.77 feet, 2. North 00 deg. 35 min. 14 sec. East 9.00 feet, 3. North 89 deg. 05 min. 36 sec. West 450.01 feet, 4. South 89 deg. 43 min. 34 sec. West 520.88 feet, 5. South 25 deg. 30 min. 06 sec. East 608.15 feet, 6. North,81 deg. 12 min. 16 sec. West 312.90 feet, 7. South 32 deg. 12 min. 06 sec. East 144.10 feet, 8. South 27 deg. 10 min. 36 sec. East 71.14 feet, 9. South 27 deg. 49 min. 46 sec. East 111.96 feet, 10. South 25 deg. 15 min. 36 sec. East 598.78 feet, 11. South 26 deg. 45 min. 36 sec. East 387.32 feet, 12. North 63 deg. 01 min. 44 sec. East 23.10 feet, 13. South 25 deg. 30 min. 16 sec. East 242.90 feet to the northerly side of Main Road; Page 3 1 RUNNING thence along the northerly side of Main Road South 83 deg. 03 min. 14 sec. West 86.62 feet to the point or place of BEGINNING. CONTAINING an area of 68.8177 Acres. SUBJECT to all rights of way, easements and or covenants of record, if any. Page 4 .11669PG975 SCHEDULE IVI November 26, 1996 Cove Beach Estates at East Marion;Town of Southold, New York S.C.T.M. No.: 1000-22-3-15.1 &1000-22-3-18.3 Surveyor's Description-Development Area ALL that certain plot, piece, or parcel of land,with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point marking the southeasterly corner of land now or formerly Otto Uhl, Jr. et al; RUNNING thence from said point of beginning along land now or formerly Otto Uhl, Jr. et al. the following three(3)courses and distances: 1. North 24 deg. 21 min. 26 sec. West 833.61 feet, 2. North 45 deg. 03 min. 26 sec. West 67.42 feet, 3. North 02 deg. 48 min. 04 sec. East 527.67 feet to the approximate highwater mark of Long Island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound the following twelve(12)tie line courses and distances: 1. South 83 deg. 14 min. 46 sec. East 28.26 feet, 2. South 62 deg. 51 min. 09 sec. East 201.85 feet, 3. South 13 deg. 33 min. 58 sec. East 39.20 feet, 4. South 41 deg. 24 min. 15 sec. East 85.68 feet, 5. South 35 deg. 17 min. 27 sec. East 447.02 feet, 6. South 54 deg. 42 min. 50 sec. East 142.20 feet, .7. South 61 deg. 51 min. 04 sec. East 142.78 feet, 8. South 67 deg. 52 min. 44 sec. East 167.49 feet, 9. South 73 deg. 20 min. 32 sec. East 501.35 feet, 10. South 70 deg. 23 min. 39 sec. East 215.43 feet, 11. South 73 deg. 28 min. 00 sec. East 227.73 feet, 12. South 71 deg. 06 min. 21 sec. East 61.36 feet to a point; RUNNING thence through land of the party of the first part the following ten (10)courses and distances: 1. South 18 deg. 32 min. 44 sec. West 428.72 feet, 2. North 71 deg.27 min. 16 sec. West 110.00 feet, 3. South 44 deg. 01 min. 27 sec. West 404.16 feet, 4. on a curve to the left having a radius of 170.11 feet a distance of 187.23 feet, 5. North 66 deg. 01 min.44 sec. West 183.36 feet, 6. on a curve to the left having a radius of 2250.00 feet a distance of 263.01 feet, 7. on a curve to the right having a radius of 900.00 feet a distance of 209.64 feet, 8. on a curve to the right having a radius of 40.00 feet a distance of 34.00 feet, 9. on a curve to the left having a radius of 60.00 feet a distance of 203.36 feet, 10. North 84 deg. 52 min. 22 sec. West 164.13 feet to southeasterly corner of land now or formerly Otto Uhl, Jr., et al and the point or place of beginning. CONTAINING and area of 29.5606 acres. ELIZABETH A.NEVILLE "' '� f �'�;'� �!�.�~� Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 Southold New York 11971 REGISTRAR OF VITAL STATISTICS ' Fax(516) 765-1823 MARRIAGE OFFICER _� r! .�`� RECORDS MANAGEMENT OFFICER "'.'� "" Telephone(516) 765-1800 FREEDOM OF INFORMATION OFFICER `f "� "✓ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS 1S TO. CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD .TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 17, 1998: WHEREAS,it is the policy of the Town of Southold to preserve prime agricultural soils and to protect the scenic,open space character of the Town; and WHEREAS,the Town of Southold's Master Plan of 1973, amended in 1986 and 1989, has taken the following actions to clearly define,delineate and implement its policy to preserve prime agricultural soils and to protect the scenic,open space character of the Town, specifically by the adoption of; 1. Section 272-a of the code of the Town of Southold,for the preservation of prime agricultural soils,the protection of the scenic, open space character of the Town . and to preserve the Town's resort and agricultural economy. 2. Section 59-10 through 59-60 of Local Law No. 2-1988 adopted by the Town Board of the Town of Southold on 3-22-88 known as Open Space Preservation legislation,finds that the acquisition of open space in the Town of Southold,if preserved and maintained in their present open state,is in the public interest and a proper purpose of the Town in accordance with the findings and determination of the New York State Legislature, as set forth in Section 247 of the General Municipal Law. 3. Sections 97-10 through 97-33 of the-Code of the Town of Southold known as Wetlands,to preserve,protect, and to maintain the Town's wetlands for the protection of its citizens. WHEREAS,Raoul J.Witteveen,residing at 368 Daniels Lane, Sagaponack,New York 11030,is the owner in fee simple of 98.8 acres land situate southerly by the Main Road, easterly by Dam Pond,northerly by Long Island Sound, and westerly by lands of others, in East Marion,New York; further identified as Suffolk County Tax Map Parcel#1000-022.000-03.00- 15.1 and 18.3; and WHEREAS,the soils on Raoul Witteveen's property have been identified by the United . State's Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County. New York as prime agricultural soils of Class I and Class H quality; and WHEREAS,portions of Raoul J. Witteveen's property contain pristine woodland areas that offer the public scenic vistas of the same; and WHEREAS,significant portions of Raoul J.Witteveen's property include pristine saltwater wetlands and approximately 650 feet of undisturbed pristine frontage on Long Island Sound; and WHEREAS,the Town Board wishes to encourage other methods of open space and farmland preservation including the voluntary granting of conservation easements by private landowners to private conservation organizations; and WHEREAS,Raoul Witteveen has granted a Conservation Easement to the Peconic Land Trust on December 23, 1995, and recorded in the County Clerk's office on December 25, 1995 in Liber 11756 cp 282 which reduced the density of the Property from 34 to 26 lots and which Easement was amended on December 12, 1996 and recorded on December 31, 1996.in Liber 11808 cp 661, which further reduced the density of the Property from 26 lots to not more than 17 lots; and WHEREAS,Raoul Witteveen has granted a second Conservation Easement to the Peconic Land Trust on December 29, 1997,recorded in the office of the Suffolk County Clerk on December 29, 1997,in Liber 11869 cp 975, which further reduces the density on the Property to not more than 10 lots; and NOW,THEREFORE,BE IT RESOLVED,that the Town Board hereby determines that the Conservation Easements conveyed by Raoul Witteveen to Peconic Land Trust are pursuant to the Town's clearly delineated public policy to preserve prime agricultural soils and to protect the scenic,open space character of the Town, and that said conveyances will yield a significant public benefit, and; BE IT FURTHER RESOLVED,that the Southold Town Clerk forward a copy of this resolution to Mr.Raoul J.Witteveen c/o Interpool,Inc. 633 Third Avenue,New York,NY 10017; and to the Peconic Land Trust,P.O. Box 2088, Southampton,New York 11969. C4alWO. 1 Elizabeth A. Nev?1le Southold Town Clerk March 18, 1998 21638 11936 . 3 I PI, Cfl{;D fl Number of pages /.S HEAL ESTATE 93 GEC 30 PN I. 49 TORRENS DEC 3 0 im Serial iiOMAINE C1.1-ki' OF TRAMM TAX SUFF•OIN COUNTY Certilicale H fUFFOL!( Prior Cif.N . 2i638 Deed/Morignge Instrument Deed/Mortgage Tax Slam 1 I Reeording/filing Sl naps .4 F[;I?5 • Page/Filing Fee.. qs Mortgage Arnt. Handling 1. Basic Tax 2. Additional Tax Natation — Sub Total EA-5217(County) Sub Total , SpccJAssil. EA-5217(Stale) or •—=i Spec./Add. R.P.T.S.A. (CjpUj}y� TOT.M'1'0.li1X Cotmn.of Ed. 5.00 z; t? Dual Town Dual County— [ri► Ileld for Aplxrrtionnlent Affidavit Transfer Tax cerlificd copy S d `9� — S(' Mansion Tax Reg.Copy 771e Properly covered by This morigagc its or will be improved by a one or two family Sub Total —� d dwelling only. Oihcr .11 YES or NO GRAND TOTAL L7 Z) V If NO,see appropriate tax clause oil page►► of this instrument. S,j• Real Properly Tax Service Agency Verification 6} Tille Company lurormalion ?z,•. Dist. Section Block _ Lot al,► . 1000 022.00 03.00 028.000 Company Namc )at` 1000 022.00 03.00 030.000 Inif Title Number 8. FEE it)BY: �� ENABLES R. CUDDY, ES Pn 445 GRIPPING AVENUE CashCllcck Citargc Payer same as R do R P.O. BOX 1547 (or if dlffcrcnl) • RIVERHEAD, NY 11901 NAM13: ADDRESS: RECORD&RETURN TO 7: (ADDRIsSS) 9" Suffolk County Recording & Endorsement Page This Page forms part of the attached DEED OF CONSERVATION EASEMENT (SPECIFY TYPE Of INSTIZUMEN'1') made by: 'Ilie premises hcnein is silualcd in NFRE DEVELOPMENT CORP. SUFFOLK COUNTY,NEW YORK. TO Inllie'rowtuhlpor Southold PECONIC LAND TRUST, INCORPORATED In the VILLAGE or IIAMLET of Fast Marion BOXES 5 TIIRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. ' @0101_OA6tk� DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT,is made on the 30th of December,1998 at Southampton,New York. The parties are NFRE Development Corp.,a New York Corporation having its office at 633 Third Avenue,New York,NY 10017(herein called the"Grantor"),and the PECONIC LAND TRUST,INCORPORATED,a not-for-profit New York Corporation,having a principal office at 296 Hampton Road,P.O.Box 1776,Southampton,New York 11969(herein called"Grantee"). INTRODUCTION WHEREAS,Grantor is the owner in fee simple of 6.4 acres of certain real property located in the Town of Southold,Suffolk County,New York,and hereinafter referred to as the"Entire Property';and WHEREAS,the Entire Property is located in the Low Density Residential R-80 Zoning District of the Town of Southold which designation,to the extent possible,is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town of Southold code,Section 100-30;and WHEREAS,Grantor wishes to grant a Conservation Easement on a 2.6-acre portion of the Entire Property,described in Schedule A,attached hereto,further identified as SCTM#1000-22-3-28&,293and hereinafter referred to as the"Property"which will reduce the density from a yield of 2 single-family residences to zero(0),so that the Property shall remain in its open,undeveloped,and scenic state;and WHEREAS,it is the policy of the Town of Southold,as articulated in the Town's Master Plan of 1973,amended in 1986 and 1989 as adopted by the Town Board,Town of Southold code,Section 272-a of the Town law,to protect environmentally sensitive areas,to protect the scenic,open space character of the Town and to protect the Town's resort and agricultural economy;and WHEREAS,the Property has approximately 271 feet of frontage on Long Island Sound that provides the public with significant scenic vistas of woodland,wetlands and shoreline;and WHEREAS,the Property,which is located on Long Island Sound in the Town of Southold, contains designated tidal wetlands that should be preserved pursuant to Section 97-10 to 97-33 of the Code of the Town of Southold known as Wetlands,for the purpose of protecting,preserving,and maintaining the Town's wetlands for the protection of its citizens;and WHEREAS,the Property contains designated tidal wetlands that should be preserved pursuant to the New York State Environmental Conservation Law Article 25 and 6NYCRR Part 661;and WHEREAS,Grantor has granted to conservation easements on 98.38 acres of property known as "Cove Beach"which is contiguous to the Entire Property herein referred to,which demonstrates that this conservation easement is a part of a larger conservation plan;and WHEREAS,the Town of Southold has passed a Resolution at a regular meeting of the Southold Town Board held on March 17,1998 in support of the protection of the lands known as"Cove Beach"; and WHEREAS,this conservation easement will protect additional acreage in an area already determined to be worthy of public and private conservation efforts;and WHEREAS,the Property in its present scenic,open and woodland condition has substantial and significant value as an aesthetic,beachfront,and wetland resource by reason of the fact that it has not been subject to any extensive development;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,natural,and scenic 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; 1 NOW THEREFORE: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in SCHEDULE A,free of any mortgages or liens and possesses the right to grant this easement. 0.02Grantee's Statuc Grantee warrants and represents to Grantor that Grantee is a qualified not-for-profit charitable organization under Section 170(h)(3)of the Internal Revenue Code of 1986,(herein called"the Code'), and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of. conserving and preserving the unique environmental,agricultural,scenic and open space values of rural lands located in Suffolk County of Long Island. 0.03 Purpose The parties recognize the environmental,scenic,open space,wetland,and woodland 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,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 Government Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic,natural and open condition through conservation restrictions by enactment of Environmental Conservation Law,Article 49-0301,et.seq.and General Municipal Law,Section 247. Similar recognition by the federal government includes Section 170(h)of the Internal Revenue Code and other federal statutes. 0.05 Grantee's Wan-anty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property,as determined by its Board of Directors,at a duly constituted meeting of that Board on December 14,1998 and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open land.� 0.06 Documentation Grantee acknowledges by acceptance of this Easement that historical and present uses of the Property are compatible with the purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time of the gift of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural,wildlife, watershed,scenic,woodland and aesthetic 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 terms hereof,Grantee has prepared, with Grantor's full cooperation,an inventory of the Property's relevant features and conditions(the "Baseline Documentation").This documentation includes,but is not limited to,an aerial photograph, photographs of the Property,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 arises with respect to the nature and extent of the Grantor's historical and present uses of the Property or its physical condition as of the date hereof,the parties shall not be foreclosed from utilizing any other relevant or material documents,surveys,reports,photographs,or other evidence to assist in the resolution of the controversy. 0.07 Recitation In consideration of the previously recited facts,mutual promises,undertakings and forbearances contained in this Easement,the parties agree upon its provisions,intending to be bound by it. 2 ARTICLE ONE THE EASEMENT 1.01 Tvoe This Deed conveys a Conservation Easement(herein called the"Easement'). This Easement shall consist of the covenants,restrictions,rights,terms,and conditions recited in this Deed. Reference to this"Easement"or its"provisions"in the Deed shall include any and all of those covenants,restrictions, rights,terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect The covenants,terns,conditions,restrictions and purposes of this Easement shall run with the Property as an incorporeal interest in the Property,and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor,Grantor's agents, tenants,occupants,heirs,personal representatives,successors and assigns and all other individuals and entities. Any rights,obligations,and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents,successors,and assigns,and the word"Grantee"when used herein shall include all of those persons or entities. ARTICLE TWO . GIFT GRANTOR hereby voluntarily grants,releases and conveys to Grantee,as an absolute gift,this Easement,in perpetuity,together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity,and undertakes to enforce it against Grantor and all future owners,tenants,occupants,assigns and possessors of said Property. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement,the following acts,uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures The construction or placement of residential,commercial,industrial or other buildings,structures, or improvements of any kind or nature(including,but not limited to mobile homes),permanent or temporary,on,over,or under the Property shall be prohibited. 3.02 Excavation and Removal of Materials:Minine The excavating or filling of the Property shall be prohibited. Mineral exploitation,and extraction by any method,surface or subsurface,is prohibited. The removal of topsoil,sand,or other materials shall not take place,nor shall the topography of the Property be changed except for purposes of erosion control and soil management,which will require the prior written consent of Grantee,which shall not be unreasonably withheld if the activity 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 be granted if that subdivision or partition does not defeat or derogate from the purposes of this Easement. 3 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Us Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local,New York State,or federal law which will not defeat or derogate from the purposes of this Easement. 4.04 Landscaping Activities Grantor shall have the right to continue the historical modes of landscaping,pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees,shrubs,or other r vegetation when dead,diseased,dangerously decayed or damaged,without the prior written consent of Grantee. Clearing,cutting and grading within 50 feet of the top edge of the bluff shall be limited to that necessary for proper maintenance and removal of diseased,decayed or dead material and invasive plant species. Such clearing,cutting and grading shall be subject to the prior written consent of Grantee and review by the Town of Southold to ensure proper maintenance and preservation of the natural buffer on Long Island Sound. 4.05 Improvements A. Allowable Non-Residential Improvements and Structures. Grantor shall have the right to erect and maintain the following non-residential improvements and structures on the Property which are necessary to and consistent with the uses as permitted in Section 4.03 and 4.04 hereof,with the prior written consent of Grantee: (i) Trails,to provide access for landscaping and maintenance as allowed in this easement, are permitted with the prior written consent of Grantee and any regulatory approvals which may be necessary. (ii) Dune fences,specifically to prevent beach erosion,and so long as they are consistent with the uses and the purposes of this easement,are permitted. Fences must be placed so that they do not materially block or detract from the scenic view,and may only be constructed with the prior written consent of Grantee and any regulatory approvals, which may be necessary. B. Replacement of Improvements and Structures In-Kind In the event of damage resulting from casualty to an extent which renders repair of any existing structure impractical,erection of a structure of comparable size,bulk,use,and general design to the damaged structure shall be permitted within the same general location subject to the review and written approval of Grantee. C. Environmental Sensitivity During Construction. The use and location of any improvement and structure permitted hereunder shall be consistent with the conservation purposes intended herein,and construction of any such improvement or structure shall minimize"disturbances to the environment. Grantor shall employ erosion and sediment control measures to insure that storm water runoff will not carry eroded and other deleterious materials into Long Island Sound and the wetland area,including but not limited to minimal removal of vegetation. 4.06 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 environmental,scenic,and woodland values which are the subject of this Easement. This includes the construction of any permanent or temporary improvements as provided in Section 4.05 herein. Grantor shall provide Grantee with complete documentation including information on the need for and use of such improvements or structures,and plans for any proposed improvements or structures which are subject to Grantee's approval,whose approval shall not be unreasonably withheld. Such approval,disapproval or comments of Grantee shall be given to Grantor within 45 days after all necessary documentation and information is submitted to Grantee. 5 Whenever an action by Grantor requires the approval of Grantee,it is understood Grantor must also obtain any required governmental approvals for the action. 4.07 Alienability Grantor shall have the right to convey all or any part of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property,including the full name and mailing address of any Grantee,and the individual principals thereof,under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement,without modification or amendment of the terms of this Easement,and shall incorporate this Easement by reference,specifically setting 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 Taxes and Assessments Grantor shall continue to pay all taxes,levies,and assessments and other governmental or municipal charges,which may become a lien on the Property,including any taxes or levies imposed to make those payments. If Grantor fails to make such payments,Grantee is authorized to make such payments(but shall have no obligation to do so)upon ten days prior written notice to Grantor,according to any bill,statement or estimate procured from the appropriate public office without inquiry into the accuracy thereof. That payment,if made by Grantee,shall become a lien on the Property of the same priority as the item if not paid would have become,and shall bear interest until paid by Grantor at two percentage points over the prime rate of interest from time to time charged by Citibank,N.A. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability,costs,attorneys'.fees, judgments or expenses to Grantee or any of its officers,employees,agents or independent contractors arising from 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. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability,costs,attorneys'fees, judgments,or expenses to Grantee or any of its officers,employees,agents or independent contractors resulting: (a)from.injury to persons or damages to property arising from any.activity on the Property, except those due solely to the acts of the Grantee,its officers,employees,agents,or independent contractors;and(b)from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement,excepting any of those matters arising solely from the acts of Grantee,its officers,employees,agents,or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times,upon reasonable prior notice to Grantor,and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property,for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purpose,except as provided in Section 6.03,nor to permit access upon the Property by the public 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonable deem necessary. However,it is understood and agreed by the parties hereto that Grantor shall'not be liable for 6 any changes to the Property resulting from causes beyond the Grantor's control,including,without limitation,fire,flood,storm,and earth movement,or from any prudent action taken by the Grantor under emergency conditions to prevent,abate,or mitigate significant injury to persons or to the Property resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore,in addition to,and not in limitation of,any other rights of Grantee hereunder at law or in equity,in the event any breach,default or violation of any term,provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty(30)days notice thereof by Grantee(which notice requirement is expressly waived by Grantor with respect to any such breach,default or violation which,in Grantee's reasonable judgment,requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement),Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach,default or violation by temporary and/or permanent injunction,or (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach,default or violation and/or to cause the restoration of that portion of the Property affected by such breach,default or violation to the condition that existed prior thereto,or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms,conditions,covenants, obligations and purposes of this Easement;provided,however,that any failure,delay or election to so act by.Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach,default,or violation or with respect to any other breach,default or violation of any term,condition, covenant or obligation under this Easement. 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 attorneys' fees,court costs and other expenses incurred by Grantee(herein called"Legal Expenses')in connection with any proceedings under this Section. 6.04 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief,and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 6.05 Assignability Grantee shall have the right to assign any and all of its rights and responsibilities under this Easement,and any and all of its rights,title and interest in and to this Easement only to a qualified organization(herein called"the Assignee'). As used herein: the term"qualified organization"means a not-for-profit corporation,or 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 Section 170(h)(3)of the code,which is organized or operated primarily or substantially for one of the conservation purposes specified in Section 170(h)(4)(A)of the code. Any assignment by Grantee or a successor Grantee must require the Assignee or Assignee's successors to carry out the purposes of this Easement. The Assignee and its successors and assigns shall have the same right of assignment,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 the Town of Southold or if such Town will not accept this Easement,then in another qualified organization,in accordance with a cy pres proceeding brought in any court of competent jurisdiction. 7 6.07 Extinguishment This Easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.07,the fair market value of such right and interest shall be equal to the difference,as of the date hereof,between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby(such difference,divided by the fair market value of the Property unencumbered by this Easement,is hereinafter referred to as the "Proportionate Share'). In the event a material 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 the Proportionate 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 account of the exercise of the power of eminent domain,the sale price or condemnation award shall 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 otherwise acquired by such authority through a purchase in lieu of a taking,so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof,Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered proceeds. Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.07 shall be in addition to,and not in limitation of,any rights they may have my law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandine 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 is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C.Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary,to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This Easement can be terminated or modified only in accordance with the common and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain restrictions contained in this Easement. To this end,Grantee and Grantor shall mutually have the right,in their sole discretion,to agree to amendments to this Easement that are not inconsistent with the purposes of this Easement set forth in the Introduction hereof;provided,however, that Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid Conservation Easement under Article 49,Title 3 of the Environmental Conservation Law of the State of New York,as the same may be hereafter amended,any regulation issued pursuant thereto,or Section 170(h)of the Code governing"qualified conservation contributions". 7.03 Severability Any provision of this Easement restricting Grantor's activities,which is determined to be invalid or unenforceable by a court,shall not be invalidated. Instead,that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this 8 Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions,which shall remain enforceable and effective. 7.04 Notice All notices required by this Easement must be written. Notices shall be delivered by registered mail,return receipt requested,or by certified mail,with sufficient prepaid postage affixed and with return receipt requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein,or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office,recited herein,marked for the attention of the President,or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects,including validity,construction,interpretation, breach,violation and performance. 7.06 lntemretadon Regardless of any contrary rule of construction,no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other parry's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations,one of which would render that provision invalid,then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement as intended by Grantor. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement,and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by Grantor. The parties intend that this Easement,which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property,except as otherwise recited herein,be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants,nor shall be interpreted to grant,to the public any right to enter upon the Property. 7.08 Warranties The warranties and representation 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. 9 i 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: NFRE DEVELOPMENT CORP.(Grantor) BY: . 6L efg.�- -,- Charles Cuddy Title ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST(Grantee) BY: LI. Vqhn v.H.Halsey resident STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this a day of December, 1998,before me personally appeared CHARLES CUDDY,who being by me duly sworn,said that he resides at Mattituck . New York, that he is Assistant Secretary of NFRE DEVELOPMENT CORP.,the Grantor mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein;and that he signed his name thereto by authority of the Board of Directors of the said Corporation. otary Public ,.r. �tt3;.t-f:-- •-� NbtrrrrFa^: .fi��:,ti�stlYU�'! STATE OF NEWYORK .;'.�' ttt!0n,*hti4iJFiiG°:i,► COUNTY OFSUFFOLK ) SS: :Cc::�=/ StHttiilonFxp28Jt�yfiil'�?'�s¢p '•�+'{ ail• .RI FY On thisa3 day of December,1998,before me personally appeared JOHN v.H.HALSEY;,vho being by me duly sworn,said that he resides at 469 Majors Path,Town of Southampton,New York,that he is President of PECONIC LAND TRUST,INCORPORATED,the Grantee mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein;and that he signed his name thereto by authority of the Board of Directors of the said Corporation. W Wary Public i%,'+, nF Ako %A I�0.01wE5obyg66P� Q,AaLAA ;n Surr-01{, evttrih C0mm15S"JA E1p;res ��uE7 WL'S�vn�SKE SCHEDULE A: Metes and Bounds Description of the Property 10 SCHEDULE A 1 Metes and Bounds Description Tax Lot-30 All that certain lot,piece or parcel 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 a point on the ordinary high water mark of Long Island Sound,which point is 405.00 feet easterly along said high water mark from the northeasterly corner of land now or formerly of Guimaraes and the northwesterly comer of land now or formerly of Cove Beach Estates,Inc., from said point of beginning running easterly along said high water mark as measured by a tie line south 76 degrees 00 minutes east 135 feet; thence south 5 degrees 28 minutes 00.seconds west 466.20 feet; thence north 80 degrees 00 minutes west 100 fee; thence north 1 degree 25 minutes 20 seconds east 479.52 feet to the point or place of beginning- TOGETHER WITH a right-of-way a minimum of 50 feet wide, within a parcel of land described by metes and bounds as follows: BEGINNING at the southwesterly corner of the premises above described, easterly one course, a distance of 355 feet more or less; thence southerly nineteen course, a distance of 3,900 feet more or less, to the Main Road, Route 25, more particularly described as follows: From the said point of beginning, one course: (1) South 80 degrees 00 minutes, east 355 feet, thence southerly along land of Cove Beach Estates, Inc., and others and along the course of a presently existing paved road nineteen courses: (1) South 11 degrees 26 minutes 00 seconds, east 872 feet more or less (2) South 83 degrees 16 minutes 50 seconds,west 25 feet more or less (3) South 9 degrees 46 minutes 00 seconds, east 202.41 feet (4) South 9 degrees 23 minutes 00 seconds, east 111.57 feet (5) South 72 degrees 29 minutes 10 seconds, east 170.82 feet (6) . South 10 degrees 29 minutes 50 seconds, east 267.72 feet (7) South 16 degrees 40 minutes 20 seconds, east 70.34 feet (8) South 12 degrees 29 minutes 40 seconds, east 139.02 feet (9) South 1l.degrees.15 minutes 40 seconds, east 91.00 feet (10) South 14 degrees 13 minutes 50 seconds, east 192.50 feet 01) South 11 degrees 41 minutes 10 seconds, east 180.95 feet (12) South 14 degrees 06 minutes 30 seconds, east 161.70 feet (13) South 19 degrees 39 minutes 50 seconds, east 144.43 feet (14) South 14 degrees 15 minutes 50 seconds, east 71.14 feet (15) South 14 degrees 55 minutes 00 seconds, east 1.11.96 feet 1 Tax Lot 28 All that certain lot,piece or parcel 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 a point on the ordinary high water mark of Long Island Sound which point is 135.00 feet easterly along said high water mark from the northeasterly comer of land now or formerly of Guimaraes and the northwesterly corner of land now or formerly of Cove Beach Estates, Inc., from said point of beginning running easterly along said high water mark as measured by a tie line,north 70 degrees 00 minutes east, 135.00 feet;thence south 2 degrees 44 minutes 30 seconds east, 496.84 feet; thence south 58 degrees 00 minutes west, 100.00 feet; thence north 7 degrees 27 minutes 10 seconds west 507.38 feet to the point or place of beginning. TOGETHER with a right-of-way a minimum of 50 feet wide,within a parcel of land described by metes and bounds as follows: BEGINNING at the southwesterly corner of the premises above described, easterly three courses, a distance of 555 feet more or less; thence, southerly nineteen courses, a distance of 3,900 feet more or less, to the Main Road,Route 25, more particularly described as follows: From the said point of beginning, three courses: (1) North 58 degrees 00 minutes, east 100 feet; thence (2) North 83 degrees 00 minutes, east 100 feet; thence (3) South 80 degrees 00 minutes, east 355 feet; thence southerly along land now or formerly of Cove Beach Estates,Inc., and others and along the course of a presently existing paved road nineteen courses: (1) South 11 degrees 26 minutes 00 seconds, east 872 feet more or less (2) South 83 degrees 16 minutes 50 seconds, west 25 feet more or less (3) South 9 degrees 46 minutes 00 seconds, east 202.41 feet (4) South 9 degrees 23 minutes 00 seconds, east 111.57 feet (5) South 72 degrees 29 minutes 10 seconds, east 170.82 feet (6) South 10 degrees 29 minutes 50 seconds, east 267.72 feet (7) South 16 degrees 40 minutes 20 seconds, east 70.34 feet (8) South 12 degrees 29 minutes 40 seconds, east 139.02 feet (9) South 11 degrees 15 minutes 40 seconds, east 91.00 feet (10) South 14 degrees 13 minutes 50 seconds, east 192.50 feet (11) South 11 degrees 41 minutes 10 seconds, east 180.95 feet (12) South 14 degrees 06 minutes 30 seconds, east 161.70 feet (13) South 19 degrees 39 minutes 50 seconds, east 144.43 feet (14) South 14 degrees 15 minutes 50 seconds, east 71.14 feet (15) South 14 degrees 55 minutes 00 seconds, east 111.96 feet (16) South 12 degrees 20 minutes 50 seconds, east 598.78 feet 3 11y WE Nil (17) South 13 degrees 54 minutes 20 seconds, east 387.42 feet (18) North 75 degrees 53 minutes 00 seconds, east 23.10 feet (19) South 12 degrees 39 minutes 00 seconds, east 242.90 feet,thence to the northerly side of Main Road, Route 25; running thence along the northerly side of said Main Road, one course: (1) North 84 degrees 05 minutes 30 seconds,west 86.53 feet,thence in a northerly direction along lands of Russel,Latham and Terry, twenty-one courses: (1) North 10 degrees 31 minutes 00 seconds,west 211.37 feet (2) South 73 degrees 23 minutes 00 seconds west 27.55 feet (3) North 12 degrees 21 minutes 00 seconds,west 402.42 feet (4) South 85 degrees 23 minutes 20 seconds,west 52.24 feet (5) North 12 degrees 57 minutes 30 seconds,west 107.40 feet (6) North 14 degrees 50 minutes 40 seconds,west 92.60 feet (7) North 13 degrees 03 minutes 20 seconds,west 84.75 feet (8) North 13 degrees 15 minutes 10 seconds, west 340.95 feet (9) North 12 degrees 17 minutes 30 seconds,west 89.30 feet (10) North 14 degrees 05 minutes 20 seconds,west 125.12 feet (11) North 13 degrees 22 minutes 00 seconds,west 243.90 feet (12) North 18 degrees 35 minutes 40 seconds,west 365.65 feet (13) South 76 degrees 34 minutes 20 seconds,west 132.47 feet (14) North 11 degrees 16 minutes 40 seconds, west 290.10 feet (15) North 11 degrees 43 minutes 20 seconds, west 113.47 feet (16) North 10 degrees 37 minutes 10 seconds,west 110.05 feet (17) North 12 degrees 44 minutes 20 seconds,west 101.00 feet (18) North 10 degrees 09 minutes 30 seconds,west 88.65 feet (19) North 13 degrees 26 minutes 00 seconds,west 100.90 feet (20) North 15 degrees 52 minutes 50 seconds,west 101.34 feet (21) North 20 degrees 31 minutes 30 seconds,.west 68.56 feet to a rock;thence easterly, one course: (1) North 74 degrees 17 minutes 40 seconds, east 97.62 feet; thence northerly one course: (1) North 11 degrees 26 minutes 00 seconds, west 833.61 feet; thence westerly four courses: , (1) North 80 degrees 00 minutes,west 287.76 feet (2) South 83 degrees 00 minutes,west.81.45 feet (3) South 58 degrees 00 minutes,west 93.73 feet (4) South 69 degrees 00 minutes,west 113.24 feet; thence northerly, two courses: (1) North 11 degrees 26 minutes 00 seconds,west 50.71 feet (2) North 69 degrees 00 minutes, east 100.00 feet to the point or place of beginning. 4 ' CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net March 10, 2003 Southold Town Planning Board Main Road Southold, New York 11971 Attn: Mark Terry Re: Cove Beach Estates-Subdivision Dear Mr. Terry: Enclosed is our check payable to the Town of Southold in the sum of$500.00. This is for the Cove Beach subdivision. Also, attached is a subdivision map. Please note that we will promptly provide you with additional subdivision maps. Please proceed with your review of this application. Very truly yours, Charles R. Cuddy CRC:ik Enclosures Fii0 2003 holdTowning Board PLANNING BOARD MEMBERS ��S3FF0(,�co BENNETT ORLOWSKI,JR. ��O Gy P.O. Box 1179 Chairman o Town Hall, 53095 State Route 25 ti 2 Southold, New York 11971-0959 RICHARD CAGGIANO W Telephone (631) 765-1938 WILLIAM J.CREMERS KENNETH L.EDWARDS Fax (631) 765-3136 ��l �a� MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 4, 2003 Mr. George W. Hammarth Deputy Regional Permit Administrator New York State Department of Environmental Conservation Division of Environmental Permits, Region one Building 40— SUNY, Stony Brook,New York 11970-2356 Re: SEQR Lead Agency Coordination Request for Cove Beach Estates DEC # 1-4738-03150/0001 Dear Mr. Hammarth: The Town of Southold Planning Board would like to become Lead Agency for the above referenced project for the reason stated below: 1. The action lies within the Town of Southold and therefore the majority of impacts are of local concern. 2. The Town of Southold Planning Board is currently processing a lot line application for the proposed action. If you have any further questions please call (631) 765-1938. Sincerely M Cc: Town Board Greg Yakaboski, Town Attorney Valerie Scopaz, Town Planner f New York State Depa«,flent of Environmental Consiwi-vation �,,J �,�f Division of Environmental Permits, Region One AM Building 40 -SUNY, Stony Brook, New York 11790-2356 game Phone: (631) 444-0365 - FAX: (631) 444-0360 - Website: www.dec.state.ny.us Erin M.Crotty Commissioner LEAD AGENCY COORDINATION REQUEST Town of Southold Planning Board February 3,2003 Town Hall PO Box 1179 53095 Main Rd. Southold,N.Y. 11971-0959 RE: SEQRA Lead Agency Coordination for Cove Beach Estates Subdivision DEC# 1-4738-03150/00001 Dear Sir/Madame: The purpose of this request is to determine under Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617, State Environmental Quality Review, the following: 1. Your agency's jurisdiction in the action described below. 2. Your agency's interest in acting as lead agency. 3. Issues of concern which your agency believes should be evaluated. Enclosed is a copy of the completed Part 1 of the environmental assessment form,DEC permit application and supporting documents to assist you in responding. Project Name: Cove Beach Estates,LLC Subdivision Project Location: North side of Main Road, approximately 1000 feet east of Kayleighs Court,East Marion. SCTM# 1000-22-3-9.1, 18.1, 18.7, 18.8. DEC Project Number: 1-4738-03150/00001 DEC Permits: Tidal Wetlands,possible Freshwater Wetlands SEOR Classification: Type 1 DEC Contact Person: George Hammarth (631)444-0371 DEC Position: The Department of Environmental Conservation recommends that the Town of Southold or Suffolk County Planning Commission assume lead agency status for this action because the majority of impacts/ issues appear to be of local concern. pL CE � � C FEB _ 5 2003 Southold Town Planning Board ti SEQR Lead Agency Coordination-Cove Beach Estates,LLC Subdivision February 3, 2003 Page 2 The action is the subdivision of a 104.4 acre parcel with frontage on Long Island Sound and Dam Pond into 12 residential lots ranging in area from 1.65 acres to 9.2 acres and the construction of a cul-de-sac access road. Two parcels of open space measuring 19.3 acres and 41.3 acres,respectively, will also be created. Response: Please respond within 30 days of the date of this letter. We recommend that the Town of Southold or Suffolk County Planning Commission assume lead agency status for this action. If no response is received within 30 days, we will assume that you have no objection to DEC or another agency assuming the role of lead agency, and have no comments to offer regarding the proposed action at this time. Please feel free to contact the undersigned for further information and discussion. Sincerely, George W. Hammarth Deputy Regional Permit Administrator Enclosures cc: Town of Southold Supervisor's Office R C V. E 617.20 - 01 .SEgR Appendix A FEB - 5 M Stale Environmental Quail y Re rlew FULL ENVIRONMENTAL ASS SS EORM Southold Town Purpose: 1-lie full EAF is designed to help applicants and agencies F 11,11nner vViletlier a project or action may be significant. The-question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those wbo determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting (lie question of significance. 'File full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of inforrnatioir to fit a project or action_ Full EAF Components: 1-he full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. .Part 2: Focuses on identifying the range of possible impacts tllatmay occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. ' DETERNtllIATION OF SIGNIFICANCE—Type -f and Unlisted Actions Identify the Portions of EAF completed for this project: CI Part 1 O Part 2 ❑Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supportfng Information, and considering both the magnitude and hnportance of each impact, it is reasonably determined by the lead agency that: El A. The project will not result in any large and important impacts) and, therefore, Is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ 13. Although the project could have a significant effect on the environment, there will not be a significant effect for.this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' v C. 'file project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. • A Conditioned Negative Declaration is only yalld for Unlisted Actions Narne of Action Name of Lead Agency Print or Type Narne of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Respoiislble Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date PART 1—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant elf on the enviroiment. Please complete the entire form, Parts A through 1. Answers to these questions will be eonside as part of tite application for approval and may be subject to further verification and public review. Provide any additio in(orntalion you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not invc new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and spe, each instance. NAME OF ACTION -Ilan of-' (nvP Reap— F61& LOCATION OF ACTION((nclude Street Address, Municipality and County) . NYS Route 25, Ea.st tlal;ioii,, Town; of Southold. County of q1-1 ' : — WAME-OF APPLICANTISPONSOR BUSINESS TELEPHONE Cove Beac.h, ) s.ta.tes, LTC _ (2121 1 -3261. ADDRESS c./o 1-n.terpo.o.1., Inc. , 6.33. Third, Aye. , 17.th Floor CITY/Po STATE ZIP CODE New Y'o-rk. NY NAME OF oWtJER(If dlfferenq BUSINESS TELEPIIO14E SAME ( ) ADDRESS PO .Box: 1.547 CITYIPO STATE ZIP CODE' Riverhead — )-9A-I DESCRIPTION OF ACTION 12-1,ot subd.ivisimi. with. 2J3 of laud preserved througll .Conservation. Deed. Please Complete Each Question—Indicate N.A. if not applicable A. Site Desci.lptllorl Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial C1Residential(suburbari) El Rural(non-f ❑Forest faAgriculture . ]Other Vacant -• coastal - pari iall�r�, Ago *�E 2. Total acreage of project area: 104.35 acres. r+ll'PROXIA1A"rE ACREAGE PRESENTLY AFTER COf�•1PLET10 20 Meadow or BrU5111and (hlon-agricultural) _ .66 acres 17 .00 acr, (wooded.) 66,76 acres 58.00 acr, Forested 0 .T--- 7--�-2-- acr Wetland (Freshwater or tidal as per Articles 211, 25 of ECL) _—O _ acres 0 acr Water Surface Area _ 8 acres Unvegelated (Rock, earth or fill) bea,c.li,, K,u�E' 9•.01_ acres 9.31 acr • 0 acres 3 '�� act Roads, buildings and other paved surfaces Other (Indicate type) l awtls and l andsea,pin. 0 acres 7.72 acr 'Pl. B., f'7_ymouth. loamy- san.d 3. What is predominant soil type(s) on project sites =--=— ----`— 20 % of site a. Soil drainage: [DWell drained _FaiL__ °� of site fiModerately well drained ❑Poorly drained % of site b. If any agricultural landls involved, how many acres of soil are classified within soil group'I through 4 of the Land Classification Systerrii acres. (See 1 i4YCRR 370). 4. Are there bedrock outcroppings or tlrojer_t site? OYes 91140 a. What Is depth to bedrocks _ / - __ (in feet) 2 a J 5. Approximate percentage of proposed project site with slopes: Ip"10% % O10"I5°a ai .o L715% or greater /0 G. Is project substantially contiguous lo, or contain a building., site, or district, listed on the State or the National Registers of Ilistoric Places? ❑Yes MNo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes o B. What is the depth of the water table? _-0-22(in feet) 9. Is site located over a primary, principal, or sole source aquifer? Mes ❑Ito 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Dyes fJNo 1"l. Does.project site contain any species of plant. or anirnal life that is identified as threatened or endangered? ❑Yes KINo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological forrnations)- ❑Yes No Describe 1-3. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes EINo If yes, explain 14. Does the present site include scenic views known to be important to the community? Dyes MI10 .15. Streams within or contiguous to project area: None a. Name of Stream and name of River to which it is tributary — 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name L.I. Sound, wetlands al Dam Fond b. Size (Io acres) 17. Is the site served by existing public utilities? QYes . ❑No a) If Yes, does sufficient capacity exist to allow connection? 1$)Yes ONO b) If-Yes, will improvements be necessary to allow connection? MYes ❑No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Dyes ®No 19. Is the site located in or substantially contiguous to a Crirical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑Yes WHO ' 20. Ilas the site ever been used for the disposal of solid or Hazardous wastes? ❑Yes WNo D, Project .Desculptioti -1. Physical dimensions and scale of project(fill in dirnensions.as appropriate) a. Total contiguous acreage owned or controlled by project sponsor_ 1`04 acres, 1). Project acreage to be developed: 33 _'acres initially; _ 38 acres ultimately. c. Project acreage to remain undeveloped 66 acres. d. Length of.project, in miles: --- (If appropriate) e. -if the project is an expansion, indicate percent of expansion proposed _- .. go; f. plumber of off-street parking spaces existing -- ;.proposed 24 g. Maximum vehicular trips generated per hour _ 5 _(upon"completion of project)? h. If residential: Number and type of Housing units: One Famlly Two Family Multiple Family Condominium Initially 12 Ultimately 12 1. Dimensions (in feet) of largest proposed structure 35 r Height; ' 50�_width; 60' length. j. Linear feet of frontage along a public thoroughfare project will occupy is? — 87 ft. 3 t 2. How much natural material (i.e.; rock, earth, etc.) will. be removed from the site? N/A tons cubic yards 3. Will disturbed areas be reclaimed? YNYes ONO ❑NfA a. If Yes, for what intended purpose is the site being reclaimed? To facilitate the prouosed ililurove— b. Will topsoil be stockpiled for reclamation? )Yes ONo ments, c. Will upper subsoil be stockpiled for reclamation? ]Yes ❑fro 11.63 . 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed-from site? _ acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by (Iris project? ❑Yes [M1a 6. If single phase project: Anticipated period of construction 24 months, (including demolition). 7. If multi-phased: N/A a. Total number of phases anticipated (number). b. Anticipated date of conirnencement phase "1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ❑Yes ❑IAo 8. Will blasting occur during construction? ❑Yes Mhlo 9. Nurnber.of jobs generated: during construction 1.0 ; after project is complete _0 10. Number of jobs eliminated by this project 1"I. Will project require relocation of any projects or facilities? ❑Yes INNo If yes, explain 12. is surface liquid waste disposal involved? ❑Yes IDN6 -- a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged — 13. Is subsurface liquid waste disposal involved? ) Yes 0i40 Type Sanitary 11. Will surface area of an existing water body increase or decrease by proposal? []Yes Explain 15. Is project or any portion of project located in a 100 year flood plain? Uye,s ❑No 16. Will the project generate solid waste? J,JYes ❑No 3.96 a. If yes, what is the amount per month . -- tons b. If yes, will an existing solid waste facility be used? . �VlYes ❑I10 c. If yes, give name Southold Transfer ctar;pg ; location Cutcliogue d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? WYes ❑No e. If Yes, explain Materials removed _roy re--use--axrdj c c ing 17. Will (lie project involve the disposal of solid waste? ?=]Yes ®No a..If yes, what is the anticipated rate of disposal? 11/A tons?month. b. If yes, what is the anticipated site life? _ NSA years. 18.- Will project use herbicides or pesticides? ®Yes ONO i.e. Imm care -19. Will project routinely produce odors (more than one hour per day)? ❑Yes [RHO 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes iHNo 21. Will project result in an increase in energy use? foxes ❑No If yes , indicate type(s) elec.ti:ic.a.1, 22. if water supply is from wells, indicate pumping capacity. 5 _.— gallonsfminule, 23. Total anticipated water usage per day 3,600. gallons/day. 2.4. Does project involve Local, State or federal funding? ❑Yes I.1110 If Yes, explain ----- — _ 4 ° 25. Approvals Required: Submittal Ty t7E Dale City, Town, Village Board I�YeS ❑I`io City, Town, Village Planning Board nYes. ❑No Town Planning Board. Ti j�Z City, Town Zoning Board ❑Yes DNo City, County 1-lealth Department DYes I-]No --Subd -v- s:1-on 4 2 Other Local Agencies DYes Dhlo Other Regional Agencies. Dyes DNo Stale Agencies DYes DNo Federal Agencies 'EJYes DNo C. Zorlirlg and Planning Information 'I . Does proposed action involve a planning or zoning decision? n)'es ONo If Yes, indicate decision required: ❑zoning amendment Ozoning variance ❑special use permit Yj subdivision Osite plan Onew/revision of rnaster plan ❑resource management plan Bother 2. What is.tlle zoning classification(s)of the site? R-80 3•. What is the maximum potential development of the site if developed as.permftted by the present zoning? ,35-40 2.-.-3cr(- Yesidanrial ei r-PS 4. -.Mial is the proposed zoning of.the site? saute 5. V1'hat is the maximum potential development of (he site if developed as permitted by the proposed zoning? same 6. Is�.the proposed action consistent with the recommended uses in adopted local land use plans? DYes ❑f`10 7.. What are the predominant land uses) and zoning classifications within a ?, mile radius of proposed action? r.esid.ett.tial, 8. Is the proposed action compatible with adjoining/surrounding land uses within a �/, mile? XT]Yes ONO 9. If the proposed action is the subdivision of land; lio%v many lots are proposed? 12 _ a. What is the tninfmum lot size proposed? _B0'`100 sq. Ft ,. 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? • OYes lHo 'Il . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ` Yes 111No a. If yes, is-existing capacity sufficient to handle projected demand? QYes UlAo 12. Will the proposed action result in the generation of traffic significantly above present levels? DYes' E1No a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ONo D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate, or avoid them. L. Verification certify that the information provided above is true to the best of illy knowledge. Applicant/Sp op .or Name ��t' t- Gc?c-h ,C- Date 413102 Signature �''f�,'`% ?;?Z '.� �;) `, � 2t—'•�- -- Title 14�7f- If (he ac((onYs In the Coastal Area, and you are a stale agency, comple(e the Coastal Assessment Form before proceeding avlllt (his aissessmett(. r • J �F Ei J G' !' _ •.23 'l1 h dent ` ,- sr: Terry ,•ria. 340 000 FEET 0 69 4558sp y - 4 •c to inci JJ r.[\_l /� •—�.� - ,_� :: � � / .. .fir.. •..j � �"1 �'. �Rc © 1 —" ( r l• \. .`.Y-aoht006ub IB.6x. ( y rs .. \ as57 am ORIE1\'T Poncl� , H i/- AREAR \ G J :O i ------------ s / 1 ;7 �M a�n�'" •.1� \ •�.. fir! 25 32• •�� /it ,/ � :;.:! ��• .• � � � 4556 ' _ (�L / ./ y� 41°07130'/ , E- ,v ; 1 20' '724 1725 I(GREENPORT) I726 72°22'30" _450000 FE_i (N.Y.) 722 GREENPORT(TOWN HALL) 2.4 MI. < 6565 Ill NE 0Mapped, edited, and published by the Geological Survey RIVERHE:AD 24 MI. a�13, SCALE 1:24000 �,j.\� Control by USC&GS 0 `5C66h� Topography from aerial photographs by photogrammetric methods GN z000 3000 a000 50c Aerial photographs taken 1954. Field check 1956 1000 0 1000 Mi I Hydrography compiled from USC&GS charts 363 (1956) 1 .5 0 and 1212 (1956) 13' 1\ M Pol conic projection. 1927 North American datum 231MILS` I 1'46 v CONTOUR INTERVAL 10 FEET (� (�'� V Y 1 , 131MILS 10.000-foot grids based on New York coordinate system, i D DOTTED LINES REPRESENT 5-FOOT CONTOU Long Island zone, and Connecticut coordinate system _ ATIONAL GEODETIC VERTICAL DATUM OF 1,000-meter Universal Transverse Mercator grid ticks, DE VES AND SOUNDINGS Ira FEET—DATUM IS ME FEBzone 16, shown in blue UTM GRID AND 1956 MAGNETI S ORELIN SHOWN REPRESENTS THE APPROXIMATE LINE OF ME DECLINATION AT CENTER OF HEET THE MEAN RANGE OF'TIDE IS APPROXIMATELY 3.4 E Fine red dashed lines indicate selected fence and field lines S MA COMPLIES WITH NATIONAL MAP ACCURA- visible on aerial photographs. This information is unchecked So-thold ToWn FOR SALE BY U.S.GEOLOGICAL SURVEY,RESTON, Map photoinspected 1976 planning Bo r ING TOPOGRAPHIC MAPS AND SYMBOLS IS No major culture or drainage changes observed JOINT 95-19-3 (8/00)pfp �' J APPMAT!( � � ,. � York State FOR P�RM ' "_ united States Army Corps of Engineers Applicable tp agencies and permit categcriep listed in it 1. P.lease read all mstructions"on back. ial information as needed. Please print legibly or type.. _.. 9.Check ermits applied for 2 Name of Applicant Use fuU'name P pp (. ) Telephone Number (daytime) NY$Dept.of Environmental Conservation COVe Beach EStates, LLC (212) 916-3261 ❑ Stream Disturbance(Bed and Banks) MaihnB Address Navigable Waters.(Excavation and Fill) Interpool, Inc. 633 Third Avenue, 17th Floor ❑ ,. ,,, ❑ Docks;Moorings or Platforms Post OfFlce State 21p Code (Construct or Place)' New York, NY 10017 ❑ Dams and Impoundment Structures 3 TaXPayer ID (If applicant is-not an individual] (Construct,Reconstruct or Repair] 13-4141836 ❑ Freshwater Wetlands Q Tidal Wetlands 4.Applicant is a/an: .(check as many as apply) ❑ Coastal Erosion Control Owner ❑Operator ❑Lessee Q Municipality/Governmental Agency ❑ Wild,Scenic and Recreational Rivers S.If applicant is not the owner,identify owner here- otherwise; oU ma y y promde Agent/Contact Person informattori.. 401 WatefQuali Certification Agent/CopOct person Ovtner A e t/Contact Person 0 ty ❑ Re.q Telephone Number (daytime) ❑ Potable WaterSupp1lr Young & Young Attn: Thomas C. Wolpert, P.E. (631) 727-23.03 Mailing Address ❑ Long island wells 400 Ostrander Avenue ❑ Aquatic Vegetation Control Post Office . .. ., _.-... . ❑ Aquatic Insect Control State Zip Code El Fish control Riverhead NY 11901 6.Project/Facility. Location (mark location on map, see.instruction 1a) NYS Office of General Services County: Town/City/Village: Tax Map Section/Block /Lot Number: (State Owned Lands Under Water) SllffOlk, .EBSt M3Lj-Orl, T/O Saathold RX)0. 22-3 ,1, P/O 18.1 r 18.7 & 18.8 QLease,License,Easement or Location. (inciudm Street or Road 9 . ) Telephones Number, (daytirne) other Real Property Interest Main Road (S.R.S 25) (212 916-3261 ❑ Utility Easement(pipelines,conduits, ) cables, etc.) Post Office State Zip Code 7,Name of Stream or Waterbod y.(on or near project site) ❑ Docks,Moorings or Platforms East Marion NY 11939 Lon Island Sound & Dam Pond (Construct or Place) g 8.Name of USG$Quad Map: Location Coordinates Adirondack Park Agency E=2,458,300 N=335,900 ❑ Freshwater Wetlands Permit Orient NYTM-E NYTM-N 4 ❑ Wild,Scenic and Recreational Rivers 9.Project Description and purpose:(Category of Activity e.g.new constructionrtnstailation,maintenance or replacement; Type of Structure or Activity e.g.bulkhead,dredging,filling,dam,dock,taking of water; Type of Materials and Quantities; Structure and Work Area Dimensions;Need or Purpose Served) Lake George Park Commission ❑ Docks(construct or Place) Realty_ Subdivision--_12-Lots----------------------------------------------- Moorings(Establish) . . --------------------------------------------------------------------------------------- US Army Corps of Engineers Section 404(Wa ters United States)❑ --------------------------------------------- --- of the D . ❑ section 10(Rivers and Harbors Act) - ----- - - - - -- --- ----- -- ------------------------ --- Nationwide Permit(s) Identify Number(s) ------------------------------------------------------ - ----FHB----�---------- - For Agency Use'ONy: DEC APPLICATION NUMBER - - --- - - - - - - - �- 3tfi';HMV Ord f Southold Town I in Board US ARMY CORPS OF ENGINEERS ropose, se: 11.Will Project Occupy .12.Proposed Sta ompletion ❑ ❑ State Land?❑ ® Date: B Date: Private Public Commercial Yes No Dec. 31, 2CO03 14.Has Work Begun on Project? (If yes, attach ❑ 1.5 List Previous Permit/Application Numbers.and Dates; (If Any) explanation of why work was started without permit.) Yes No 10-84-0701 16. Will this Project RequireAdditlonat � El If Yes, Town of Southold Plannin YSuffolk g Board Federal, State,or Local Permits? e. Please List: Suf folk Count De t. of Health Services 17. If applicant is not the owner,both must sign the application I hereby affirm that i4ba iation pl,60ded on this form and all attachments submitted herewith is true to the best of my knowledge and belief. False statements made herein are punishable as'a Class A misdemeanor pursuant to Section 210,45 of the Penal Law. Further,the applicant accepts full responsibility for all damage,direct or indirect, of whatever nature,and by whomever suffered,arising out of the project described herein and agrees to indemnify and save harmless the State frorri suits,actions, damages and costs of every name and description resulting from said project. in addition,Federal Law,18 U.S.C.,Section 1001 provides for a fine of not more than $10,000 or imprisonment for not more than 5 years,or both where arid' Jc nowingly nd illingly falsifies,conceals,or covers up a material fact;or kno yi'�a,_. or uses a fa e,fi ticious or fraudulent statement /f ' sue' Date l7/ 03 Signature of Applica , Title ✓ �h Ns; 9 . Title Professional Engineer Date 01/06/03 Si nature of owner's A ent ' �,- PLANNING BOARD MEMBERS ��$UFFO(�c .BENNETT ORLOWSKI,JR. _�� �G,j� P.O.Box 1179 Chairman C Town Hall, 53095 State Route 25 y Z Southold,New York 11971-0959 RICHARD CAGGIANO 0 Telephone (631) 765-1938 WILLIAM J.CREMERS �i O�� Fax(631) 765-3136 KENNETH L.EDWARDS MARTIN SIDOR = _ PLANNING BOARD OI TOWN OF SOUTHOL �-p C ' in foWl31 V DEVELOPMENT RIGHTS Mr. James Richter Office of the Town Engineer Town of Southold -- P.O. Box 1179 Southold, NY 11971-0959 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review: Application Name: Cove Beach Estates Tax Map Number: 1000-22-3-9.1 &18.7 & 18.8 Street Location: North of Main Road Hamlet Location: East Marion Type of Application: Sketch Subdivision Map (Dated: Preliminary Subdivision Map (Dated: Final Subdivision Map (Dated: Road Profiles (Dated: Grading and Drainage Plans (Dated: Other (Dated:_ Sketch Site Plan (Dated: Preliminary Site Plan (Dated: Grading and Drainage Plans (Dated: BOND ESTIMATE (Dated: 3/26/02 Comments: New submissions with your recommended changes. Contact Person: Mark Terry CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: cliarles.cuddy@verizon.net ,Vp .. July 23, 2002 Mark Terry Environmental Planner AL Z 6 2002 Planning Department Town of Southold Main Road S®uthold'Town Southold, NY 11971 98jd Re: Cove Beach Egtates Subdivision- Dear Mr. Terry: Enclosed is the construction cost estimate for the road to the Cove Beach subdivision. This was prepared by Young&Young under date ofMarch 26,2002. Please include this with the application submitted for both the lot line change and amending the final subdivision approval. Very truly yours, ekz Charles R. Cuddy Enc. CRC:cg r 07/23/2002 13:01 631"3144 YOUNG YOUN"I PAGE 02 dr + YOUNG &YOUNG COPY Telephone(631) 72i-2303 400 Ostrander Avenue Fawindle (631) 727�0144 Riverlicad, New York 11901 admitz&joungengineering.coni ZiOWARD W. YOLING, Land SurvoJor THOMAS C. WOLPERT, Professional Engineer ROBERT C 7'AST,Architect March 26, 2002 Charles R. Cuddy, Esq. 445 GrifFing Avenue P.O. Box 1547 Riverhead, New York 11901 RE: COVE BEACH ESTATES At East Marion, T/O Southold, New York (98-0843) Dear Mr. Cuddy: Enclosed is our Construction Cost Estimate dated March 26, �002, for your use. Very truly yours, Thomas C. Woipert, P.E. TCW sjt Encl. cc; Mr. Enzo Morabito + Encl. Planning Engineering Land Surveying Architecture i 07/23/2002 13:01 6317" n144 YOUNG YOUNG PAGE '03 F March 26, 2002 CONSTRUCTION COST ESTIMATE Prepared for Cove Beach Estates at East Marion, T/O Southold, New York item Item Description Qty. & Unit Unit Price 'total 1 Clearing & Grubbing 5.4 Acres $2,600.00 $13,500.00 2 Rough Grading / Uncl. Excavation 8,900 O.Y. . $2.00 $17,800.00 3 Belgian Block Curb 440 L.F. $10.00 $4,400.00 4 Fine Grading 11,200 S.Y. $1.50 $16,800.00 5 Catch Basin 22 Each $2,000.00 $441000.00 6 Drng. Manhole w/Solid Cover to Grade 6 Each $1,500.00 $9,00.0.00 7 Leaching Pool -B' Dia. 161 V.F. $250.00 $40,250.00 6 Drainage Pipe -24" Dia. 1.00 L.F. $30.00 $3,000.00 9 Drainage Pipe - 18" Dia. 3,423 L.F. $25.00 $85,575.00 10 Draiange Pipe - 15" Dia. 170 L.F. $20.00 $3,400,00 11 Pipe End Sect. - 24" 1 Each $500-00 $500.00 12 3/4" Stone Blend or RCA Base 950 C.Y. $30.00 $28,500.00 13 Asphalt Binder Course -2 1/2" 985 Tons $60.00 $59,100.00 14 Asphalt Wearing Course- 1 1/2" 710.Tons $60.00 $42,600.00 15 Concrete Driveway Apron 100 S.Y.. $25.00 $2,500.00 16 Street Light 3 Each $2,000.00 $6,000.00 17 Concrete Survey Monuments 25 Each $100.00 $2,500.00 18 Topsoil & Seed 13,980 S.Y. $2.00 $27,900.00 . 19 Street Sign 4.Each $200.00 $800.00 20 Fire Well 2 Each $16,000.00 $30.000.00 21 Maint. & Protection of Traffic Lump Sum Lump Sum $3,000.00 Sub-total = $441,1-85.00 + 6 % Administration Fey:_ $26,471.10 TOTAL= $467,65610 I CHARDS R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: cla-les.cuddy verizon.net Fp- July 23, 2002 Mark Terry Environmental Planner JUL 26 2002 Planning Department Town of Southold Main Road ®Ult�ll''d ®wn Southold, NY 11971 o& Re: Cove Beach Estates Subdivision Dear Mr. Terry: Enclosed is the construction cost estimate for the road to the Cove Beach subdivision. This was prepared by Young&Young under date of March 26, 2002. Please include this with the application submitted for both the lot line change and amending the final subdivision approval. Very truly yours, Charles R. Cuddy Enc. CRC:cg 07/23/2002 13:01 6317270144 YOUNG YOUNG PAGE 02 YOUNG &YOUNG COPY Telephone(631) 721-2303 400 Ostrander Avenue Facsimile(631) 727-0144 RiVerizead, New York 11901 adminbyoungengineering.com HOWARD W. YOUNG, Land Surveyor THOMAS C. WOLPERT, ,Professional Engineer ROBERT C. FAST Architect March 26, 2002 Charles R. Cuddy, Bsq. 445 Griffing Avenue P.O. Box 1547 Riverhead, New York 11901 RE: COVE BEACH ESTATES At East Marion, T/O Southold, New York (98-0843) Dear Mr. Cuddy: Enclosed is our Construction Cost Estimate dated March 26, 2002, for your use. Very truly yours, Thomas C. Wolpert, P.E. TCW&sjt Encl. cc: Mr. Enzo Morabito + Encl. Manning Engineering Land Surveying Architecture 07/23/2002 13:01 6317270144 YOUNG'YOLING PAGE 03 • J March 26, 2002 CONSTRUCTION COST ESTIMATE Prepared for Cove Beach Estates at East Mahon, T/O Southold, New York Item Item Description ON. & Unit Unit Price Total 1 Clearing & Grubbing 5.4 Acres $2,500.00 $13,500.00 2 Rough Grading / Uncl. Excavation 8,900 C.Y. $2.00 $17,800.00 3 Belgian Block Curb 440 L.F. $10.00 $4,400.00 4 Fine Grading 11,200 S_Y. $1.50 $16,800.00 5 Catch Basin 22 Each $2,000.00 $44,000.00 6 Drng. Manhole w/Solid Cover to Grade 6 Each $1,500.00 $9,000.00 7 Leaching Pool -8' Dia_ 161 V.F. $250.00 $40,250.00 8 Drainage Pipe -24" Dia, 1.00 L.F. $30.00 $3,000-00 9 Drainage Pipe - 18" Die, 3,423 L.F. $25.00 $85,575.00 10 Draiange Pipe 15" Die. 170 L.F. $20.00 $3,400,00 11 Pipe End Sect. -24" 1 Each $500.00 $500.00 12 3/4" Stone Blend or RCA Base 950 C.Y. $30.00 $28,500.00 13 Asphalt Binder Course -2 1/2" 985 Tons $60.00 $59,100_00 14 Asphalt Wearing Course W 1 1/2" 710 Tans $60.00 $42,600.00 15 Concrete Driveway Apron 100 S.Y._ $25.00 , $2,500.00 16 Street Light 3 Each $2,000.00 $6,000.00 17 Concrete Survey Monuments 25 Each $100.00 $2,500.00 18 Topsoil & Seed 13,980 S.Y. $2.00 $27,960.00 19 Street Sign 4 Each $200.00 $800.00 20 Fire Well 2 Each $15,000.00 $30,000-00 21 Maint. & Protection of Traffic Lump Sum Lump Sum $3,000.00 Sub-Total = $441,185.00 + 6 %Administration Fee $26,471.10 TOTAL= $467,656.10 CHARLES R.CUDDY ATTORNEY AT LAW M"1 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: crcuddy@earthlink.net 1 June 7, 2002 Planning Board Southold Town Town Hall Main Road Southold,NY 11971 Re: Cove Beach Estates - Raoul J. Witteveen To Members of the Planning Board: A number of weeks ago we submitted map revisions in connection with the Cove Beach subdivisions. Please advise when this matter will be considered by the Planning Board. Very truly yours, �s Charles R. Cuddy CRC:cg f : tZ r;�a._"Xi �9 1J CHARLES R.CUDDY �J ATTORNEY AT LAW 445 GRIFrING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: crcuddy@earthlink.net April 26, 2002 Hand Delivered Mark Terry ' V ; Southold Town Planning Southold Town Hall Main Road �P 0 Southold, NY 11971 na Re: Amended Final Subdivision - Cove Beach Estates, LLC S'q mid Town SCTM#1000-22-3-9.1,18.1, 18.7, 18.8 Ronin Board Dear Mr. Terry: In connection with this amended final subdivision application, we enclose the following: 1. Authorization Letter from applicant to agent ^ 2. Long Environmental Assessment Form 3. Disclosure Affidavit 4. Subdivision application form Copies of maps of this subdivision.were previously submitted to and reviewed by the Planning Board. Please place this matter on your agenda, so that it may be discussed and the application acted upon. Very truly yours, Z�='� �� Charles R. Cuddy Enclosures CRC:cg PLANNING BOARD MEMBERS Milt BENNETT ORLOWSKI,JR. h`r G•y P.O. Box 1179 Chairman o= Town Hall, 53095 State Route 25 WILLIAM J.CREMERS y Z Southold, New York 11971-0959 KENNETH L.EDWARDS O .1C Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 27, 2002 Mr. Enzo Morabito C/O Dunemere Associates 60 Windmill Lane Southampton,N.Y. 11968 Re: Cove Beach Estates SCTM#22-3-18.3 Dear Mr. Morabito: As you are aware the Southold Town Planning Board reviewed the revised Cove Beach Estates sketch plan during the February 25, 2002 work session. To simplify the process, Ms. Valerie Scopaz, Town Planner issued a letter dated October 30, 2001 outlining the necessary steps to amend the application. The letter is enclosed for your perusal. Upon receipt of the items outlined in Ms. Scopaz's letter, a formal review will proceed. Please do not hesitate to call me at 765-1938 extension 243 with any questions. Sincerely, Terry Senior Env' nment la Enclosure F01 I-coG VALERIE SCOPAZ,AICP o Telephone (631) 765-1938 TOWN PLANNER W = Fax (631) 765-3136 O P.O. Box 1179 Valerie.Scopaz@town.southold.ny.us y �� Town Hall, 53095 Main Road �Q.( , �►a Southold, New York 11971-0959 OFFICE OF THE TOWN PLANNER By Facsimile & U.S. Mail TOWN OF SOUTHOLD October 30, 2001 Mr. Enzo Morabito c/o Dunemere Associates 60 Windmill Lane Southampton, NY 11968 Re: Cove Beach Estates Dear Mr. Morabito: In response to your facsimile of October loth, I met with.Tim Caufield of the Peconic Land Trust.and the Planning Board to discuss how to proceed with your client's application. Based on the information supplied in the facsimile you sent (a copy of which is attached), you need to do the following: 1. Submit a lot line change application and map§ in order to move the road and cul- 611. de-sac onto the former Uhl property. (The maps must follow proper lot line ✓ format.) 2. Submit a complete amended final application package and maps for Cove Beach incorporating the land obtained through the lot line change. 3. Submit revised bond estimates for the proposed road. ,,,-TWO 4" Further, you must make a formal request to the Peconic Land Trust requesting the amendments and obtain formal approval, in writing, from the Peconic Land Trust with respect to the following: 1. The amendment swapping 5.7 acres for the two new 1.5 acre lots. 2. The lot line adjustment for Lot #10. 3. Any other amendments to the easement that may be required in the re-location of the cul-de-sac. V Morabito/Cove Beach Estates — Page Two — October 30, 2001 Enclosed you will find application packets and environmental review forms. The fee schedule is included. Updated approvals from the Suffolk County Department of Health Services will be required along with a New York State curb cut:and the Board of Trustees. Please note that the revised plats should show a 100' setback from all wetlands. Finally, because the Uhl subdivision plat is a filed plat, you also will have to file an amendment to a filed map with the Suffolk County Clerk's Office. I suggest you contact the County Clerk to obtain the application forms. . Please contact my office with any.questions.regarding this matter. Very truly yours, Valerie Scopaz, AICP Town Planner VS:ck Cc: Tim Caufield, Peconic Land Trust Raoul Witteveen Charles Cuddy, Esq. Encl. r � G VALERIE SCOPAZ,AICP o y� Telephone(631) 765-1938 TOWN PLANNER GO . Z Fax(631) 765-3136 P.O.Box 1179 ,f, O�� Valerie.Scopaz@town.southold.ny.us Town Hall, 53095 Main Road ��.( `t►a Southold, New York 11971-0959 OFFICE OF THE TOWN PLANNER By Facsimile & U.S. Mail TOWN OF SOUTHOLD October 30, 2001 Mr. Enzo Morabito c/o Dunemere Associates 60 Windmill Lane Southampton, NY 11968 Re: Cove Beach Estates Dear Mr. Morabito: In response to your facsimile of October loth, I met with Tim Caufield of the Peconic Land Trust,and the Planning Board to discuss how to proceed with your client's application. Based on the information supplied in the facsimile you sent (a copy of which is attached), you need to do the following: 1. Submit a lot line change application and maps in order to move the road and cul- de-sac onto the former Uhl property. (The maps must follow proper lot line format.) 2. Submit a complete amended final application package and maps for Cove Beach incorporating the land obtained through the lot line change. 3. Submit revised bond estimates for the proposed road. Further, you must make a formal request to the Peconic Land Trust requesting the amendments and obtain formal approval, in writing, from the Peconic Land Trust with respect to the following: 1. The amendment swapping 5.7 acres for the two new 1.5 acre lots. 2. The lot line adjustment for Lot#10. 3. Any other amendments to the easement that may be required in the re-location of the cul-de-sac. � p Morabito/Cove Beach Estates — Page Two — October 30, 2001 Enclosed you will find application packets and environmental review forms. The fee schedule is included. Updated approvals from the Suffolk County Department of Health Services will be required along with a New York State curb cut,and the Board of Trustees. Please note that the revised plats should show a 100' setback from all wetlands. Finally, because the Uhl subdivision plat is a filed plat, you also will have to file an amendment to a filed map with the Suffolk County Clerk's Office. I suggest you contact the County Clerk to obtain the application forms. Please contact my office with any questions regarding this matter. Very truly yours, Valerie Scopaz, AICP Town Planner VS:ck Cc: Tim Caufield, Peconic Land Trust Raoul Witteveen Charles Cuddy, Esq. Encl. 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RICHARDD CAAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD Sample authorization.letters: 1. f.Joseah'Smith,'owner of the property at SCTM# 1000-F00-10-10 in MattitaCL NY, hereby authorize Southold Consultants Inc.to act as my agent and handle all necessary work involved in the subdivision process with the Southold Planning Board. Signature: -v--v � �♦ F+t� - ' Sworn before me this 3e day ofFebru gy 2000 ?; [Michael Hill's Notary stamp] 2. We John and Jane Smith, owners of the property at SCTM# 1000-88-8-8 in Southol NY,hereby authorize Home Builders Inc..to apply for a subdivision on our property and r hire.any agents necessary to complete the work involved in the subdivision process with the Southold Planning Board. ► Signatures: +. Sworn before me this 3&day of February 2000, . [Michael Hill's-Notary stamp] . s 3. I un D 's' President of Home Builders Inc.,hereby authorize.John Jones,Esa,to act as my agent on the property of SCTM# 1000-88-8-8 in outhold NY, and handle all necessary work involved in the subdivision process with the Southold Planning Board. Signature: Sworn before me this 30�'day of Februarv_2000, � Swo -----r--- [Michael 011's Notary stamp] s _ PLANNING BOARD MEMBERS �OSUFFO(�C BENNETT ORLOWSKI,JR. �0 �G Town Hall, 53095 State Route 25 Chairman ZJ.� P.O. Box 1179 WILLIAM J.CREMERS y Southold,New York 11971-0959 KENNETH L.EDWARDS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. �,iL O�� Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE ------TOWhT OF-SOUT�i-Oi�D-------- - -- ----------------._-_ October 4, 2001 Mr. Enzo Morabito —_ —_c%_D unemer-e_Associates 60 Windmill Lane Southampton, NY 11968 Re: Cove Beach Estates Dear Mr. Morabito: This letter is in response to your correspondence of October 2, 2001, in which you requested time at a Planning Board Work Session to discuss amendments to the Cove Beach Subdivision Application. At the August 27th Work Session, you verbally presented a number of alternatives to the Planning Board, some of which were not agreeable to me. According to my notes and recollection, you wished to adjust lot lines and swap land subject to easements currently held by the Peconic Land Trust. Any review of potential amendments to this application will require coordination between the Planning Board, your client, and the Peconic Land Trust. For this reason, I suggest you define in writing, and with a marked- up plan (in pencil), precisely what amendments you would like to make to the proposed subdivision plat. A copy of this letter and sketch should be sent to Tim Caulfield of the Peconic Land Trust so that we can conduct a joint review. Finally, there is no record in the file from either Mr. Witteveen or Charles Cuddy, his attorney for this application, authorizing you to represent Mr. Witteveen on this application. A sample authorization is attached for your information. Please contact my office with any questions regarding this matter. Ve truly yours, Valerie Scopaz, AICP Town Planner VS:ck Encl. CHARLES R.CUDDY S � ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8" P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net March 15, 2006 Planning Board Town of Southold PO Box 1179 Southold,NY 11971 Re: Cove Beach Estates,.LLC SCTM 1000-22-3-9.1, 18.1, 18.7, 18.8 Dear Planning Board Members: We have requested a bond reduction for Cove Beach Estates by our letter of December 2, 2005. Please advise us of the status of this matter. n� ate!' ( - 2a ,)G 6 �r G/yl 1e yours ���� Charles R. Cuddy CRC/ik v ? E C E MAR ? 2006 Southold Town Pian:ref;ac�,d •• ,..r- .. .a�..•M.em�.:,-v,,.,,i,.,,a.,a .�>K..matea•.-;rc ro++ December 2, 2005 Planning Board Town of Southold PO Box 1179 Southold,NY 11971 Re: Cove Beach Estates, LLC SCTM 1000-22-3-9.1, 18A, 18.7, 18.8 Dear Planning Board Members: In accordance with your request, this is to advise that the Cove Beach subdivision improvements are completed to the extent that the property is graded, all of the drainage work has been completed, and the roadway is substantially completed, with only a small section remaining to be paved. We therefore request that the Town Engineer inspect the site so that a reduction in the Letter of Credit may be authorized. Thank you. Very truly yours, Charles R. Cuddy CRC/ik cc: Anthony Trezza, Planning.Department • MAILING ADDRESS: PLANNING BOARD MEMBER ISO U [. P.O. Box 1179 JERILYN B.WOODHOUSE �� •J0� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS co Q 54375 State Route 25 MARTIN H. SI �0 (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON �iyCOU,M' Southold, NY 111, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Jamie Richter, Town Engineer From: Anthony Trezza, Sr. Planner Date: December 20, 2005 Re: Cove Beach Estates 1000-22-3-9.2, 18.1, 18.7, 18.8 In a letter dated December 2, 2005, Charles Cuddy, Esq. informed the Planning Board that a portion of the improvements for the above-referenced subdivision have been completed and has asked that the Town Engineer inspect the site so that the bond estimate may be amended accordingly. Please inspect the improvements and advise the Planning Board if the bond may be reduced. If you have any questions or need additional information, please feel free to contact this office. CHARLES R.CUDDY h� � ATTORNEY AT LAW S� 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address_ TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: chartes.euddy@verizon.net December 2, 2005 Planning Board Town of Southold PO Box 1179 Southold, NY 11971 Re: Cove Beach Estates, LLC SCTM 1000-22-3-9.1, 18.1, 18.7, 18.8 Dear Planning Board Members: In accordance with your request, this is to advise that the Cove Beach subdivision improvements are completed to the extent that the property is graded, all of the drainage work has been completed, and the roadway is substantially completed, with only a small section remaining to be paved We therefore request that the Town Engineer inspect the site so that a reduction in the Letter of Credit may be authorized. Thank you. Very truly yours, Charles R. Cudd( Y . CRC/ik — cc: Anthony Trezza, Planning Department - ,r 1 9 .. Al" CHARLES R.CUDDY h. ATTORNEY AT LAW S� 445 GRIFFING AV E NUE RIVERHEAD,NEW YORK Mailing AddreSH: TEL: (631)369-8200 P.O.Boa 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net December 2, 2005 Planning Board Town of Southold PO Box 1179 Southold, N ' 11971 Re: Cove Beach Estates, LLC SCTM 1000-22-3-9.1, 18.1, 18.7, 18.8 Dear Planning Board Members: In accordance with your request, this is to advise that the Cove Beach subdivision improvements are completed to the extent that the property is graded, all of the drainage work has been completed, and the roadway is substantially completed, with only a small section remaining to be paved. We therefore request that the Town Engineer inspect the site so that a reduction in the Letter of Credit may be authorized. Thank you. Very truly yours, �; Charles R. Cuddy CRC/ik cc: Anthony Trezza, Planning Department pFC _ 5 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK MailingAddress: TEL: (631)369-£200 P.O.Box 1547 FAX: (631)369-9050 Riverhead, NY 11901 E-mail: charles.euddy(a,verizon.net October 13, 2005 Planning Board Town of Southold PO Box 1179 Southold, NY 11971 Re: Cove Beach Estates, LLC SCTM 1000-22-3-9.1, 18.1, 18.7, 18.8 Dear Planning Board Members: The Cove Beach subdivision road and other improvements have been substantially completed. We therefore ask that the performance bond (in the form of the Letter of Credit) be reduced. Thank you. Very truly yours, 0"4� Charles R. Cuddy CRC/ik cc: James A. Richter, Town Engineer 9 p PATRICIA A. FINNEGAN . JOSHUA Y. HORTON fff TOWN ATTORNEY �o�QF so Supervisor Supervisor patricia.finnegan@town.southold.ny.us P KIERAN M. CORCORAN ,IL Town Hall Annex, Route 25 1179 T P.O. Box 1179 ASSISTANT TOWN ATTORNEY A � Southold, New York 11971-0959 wn kieran.corcoran@to ,southold.ny.us ,� LORI HULSE MONTEFUSCO �I,YCOu ' Telephone (631) 765-1939 ASSISTANT TOWN ATTORNEY Facsimile (631) 765-6639 tori.montefusco@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD October 6, 2005 Charles R. Cuddy, Esq. 445 Griffing Avenue Riverhead, NY 11901 RE: Cove Beach Estates Letter of Credit Dear Mr. Cuddy: I write in response to your facsimile dated September 30, 2005. In furtherance of the Town of Southold Resolution No. 2005-594, I can confirm that the Town Attorney's office has approved the Bank of Smithtown letter of credit number 100311, as substitute for and effecting the release of UBS AG letter of credit number Y034116. If you require anything further in the way of confirmation to facilitate this process, please let me know. jIe ?nMI.YACorcoraours, n Assistant Town Attorney KMC/Ik EL17ABETH NEVILLE 'own Hall,53095 Main Road�� TOWN CLERK yyEFt�,+. PO Box 1179 �,y �` Southold,NY 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER Telephone: (631)765-1800 RECORDS MANAGEMENT OFFICER 1#� '�°~ southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER RESOLUTION# 2005-594 Meeting: 09/27/05 07:30 PM Resolution ID: 1166 Department: Town Clerk Category: Letter of Credit THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2005-594 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 27,2005: RESOLVED that the Town Board of the Town of Southold hereby accents the Irrevocable Letter of Credit Number 100311 issued by the Bank of Smithtown in the amount of$705,710 for the proposed Major Subdivision of Cove Beach Estates located at East Marion,New York, SCTM @ 1000-22-3-9.1, 18.1 & 18.8,as a substitute for and release the on final Letter of Credit Number Y034116 issued bl UBS AG in the amount of$705,710 that was approved by Town Board Resolution No.496 of 2004. The substitution is requested by the applicant, Southold Town Planning Board recommends approval of the substitution, and is subject to the approval of the Town Attorney. Elizabeth A.Neville Southold Town Clerk 1 nT . MAILING ADDRESS: PLA gNING BOARD MEMBL.... O�soar P.O. Box 1179 JERILYN B.WOODHOUSE �0�� yO� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 MARTIN H. SIDOR (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON �ycollNTl Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 13, 2005 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Major Subdivision Cove Beach Estates Located on the n/s/o NYS Route 25,1000' e/o Kayleigh's Court, in East Marion SCTM#1000-22-3-9.1,18.1, 18.7 & 18.8 Zone: R-80 Dear Mr. Cuddy: The Southold Town Planning Board, at a meeting held on Monday, September 12, 2005, adopted the following resolutions: WHEREAS, the applicant proposes to subdivide a 104.40-acre parcel into 12 lots; and WHEREAS, the Southold Town Planning Board issued final approval for the subdivision by resolution on June 12, 2004; and WHEREAS, the Town Board accepted the Irrevocable Letter of Credit Number Y034116 issued by UBS AG in the amount of$705,710 on June 29, 2004; and WHEREAS, the applicant has requested that a new Irrevocable Letter of Credit issued by the Bank of Smithtown for the same amount be substituted for the UBS AG Letter of Credit; be it therefore RESOLVED, that the Southold Town Planning Board accept the Bank of Smithtown Irrevocable Letter of Credit#100311 in the amount of$705,710 and recommends same to the Town Board; and be it further RESOLVED, that the Southold Town Planning Board recommends that the Town Board release the Irrevocable Letter of Credit Number Y034116 in the amount of$705,710 as requested by the applicant. i Cove Beach Estates-- Page Two—September 13, 2005 If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson enc. cc: Kieran Corcoran, Assistant Town Attorney Elizabeth Neville, Town Clerk • • sty CHARLES R.CUDDY ATTORNEY AT LAW 445GRIFFING AVENUE RIVERHEAD,NEWYORK Madan Address_ TEL: (631)369-8200 P.O. Box 1547 FAX: (631)369-90E0 Riverbead,NY 11901 E-mail: charles.euddy@verizon.net May 2, 2005 Planning Board Town of Southold PO Box 1179 Southold, NY 11971 Re: Cove Beach Estates, LLC SCTM 1000-22-3-9.1, 18.1, 18.7, 18.8 Dear Planning Board Members: Cove Beach Estates, LLC has completed a substantial amount of work covered by the subdivision performance bond. We respectfully request that this Board ask the Town Engineer to prepare a letter or statement recommending a reduction of the amount of the performance bond. Thank you. Very truly yours, Charles R. Cuddy CRC/ik STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788-551'8 SUBIMAL CHAKRASORTI, P.E. JOSEPH H. BOARDMAN REGIONAL DIRECTOR COMMISSIONER April 1, 2005 Mr. Doug Adams Young & Young 400 Ostrander Avenue Riverhead, NY 11901 Your February 18, 2005 Resubmission Cove Beach Estates Last Revision 2/18/05 Route 25, East Marion SCTM 1000-22-3, 18.1 & 18.7 Our Case No. 94-55P Dear Mr. Adams: This is in regard to the revised site plans for the referenced project which were submitted to us for review. Your plans are acceptable as submitted. This site plan approval for highway work permit issuance is contingent upon our receipt of all of the following items within six (6) months of the date of this letter. Prior to issuing a Highway Work Permit, you must submit the required permit fee and Surety Bond (sample enclosed). It is also mandatory that protective liability insurance be provided by the permittee. Also, enclosed is a Highway Work Permit Application to be completed and returned to us. The application, completed Penn 17 and the Surety Bond must be secured by the same party. All checks issued to the State of New York must show a Federal Identification Number. Permit Fee (Payable to "State of New York"): $900.00 Bond Amount: $10,000.00 Insurance Fee: Perm 17 Certificate of Insurance Questions concerning this matter should be directed to Mr. Gene Smith at (631) 952-6028. Please send all correspondence to his attention. Kindly refer to the subject case number and County tax map number in all correspondence Very truly yours, SHAIK A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety cc: Mr. Peter Harris, Superintendent of Highways, Town of Southold 4<Is. Valerie Scopaz, Planning Director, Town of Southold SAS:ES:DW M1 • • V M-r STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788-5518 SIIBIMAL CHAKRABORTI, P.E. -- ❑ JOSEPH H. BOARDMAN REGIONAL DIRECTOR - 1 ��� ❑ COMMISSIONER December 7, 2004 Mr. Doug Adams Young & Young l 400 Ostrander Avenue -- J Riverhead,NY 11901 Your October 11, 2004 Resubmission Cove Beach Estates Last Revision 10/7/04 Route 25, East Marion SCTM 1000-22-3, 18.1 & 18.7 Our Case No. 94-55P Dear Mr. Adams: This is in regard to the site plans for the referenced project which were submitted to us for review. Prior to an approval of the site's access and issuance of a New York State Highway Work Permit, the following items must be addressed: 1. Prior submission showed a 5 sheet set, the plans submitted 10/11/04 shows a 2 sheet set. The missing detail sheets provided necessary information that were not incorporated in the 2 sheet set for the site. Incorporate NYSDOT details within a complete set of plans for the entire site. Provide an index sheet listing all plan detail sheet titles( not just for NYSDOT details) in your resubmission. This comment applies to all current and future site submissions to NYSDOT. 2. Provide greater detail of the adjacent properties' features to the east and west. Design all highway features in accordance with our Policy and Standards manual on our website @ vr%vw.dot.state.ny.us/traffic/oper/permits/hwp/dmTolind.i)d Any exceptions to this policy must be clearly identified in your correspondence. Modification of the adjacent driveway apron to the west appears necessary to install the subdivision road as the access location appears closer than our standards allow. Curb section details must have a transition from full height to zero reveal for a ten foot run adjacent to travel lanes. 3. A note shall be added to the plans requiring the contractor to clean existing drainage basins along and immediately adjacent to the Route 25 site frontage at the completion of construction. 4. A Maintenance and Protection of Traffic plan must be provided for sidewalk closure work on Route 25. Provide Lane shift symbol sign in series for scheme shown. Provide shoulder closed signs for shoulder closure scheme. 5. The sidewalk to the west shall transition to a design joint. 6. Resolve the grading issues along the site's frontage. The sidewalk on the east side cannot exceed maximum incline specifications. 7. A note shall be added to the plans stating which consecutive reference markers the site falls between or the reference markers shall be shown on the plan. 8. Provide "STOP" sign, stop bar, and driveway centerline pavement marking in accordance with the NYS Manual of Uniform Traffic Control Devices. 9. Any utility work proposed in State Highway right-of-way will require separate application and submission of plans (installation details, restoration details and Maintenance and Protection of Traffic plan - all referenced to NYSDOT specification item numbers and the Manual of Uniform Traffic Control Devices) to our Riverhead Maintenance facility. The applicant may contact Mr. Kevin Matthaei at (631) 727-1731 for further directions regarding Utility Highway Work Permit (HWP)applications. The applicant should be made aware that utility HWP issuance is subject to issuance of the HWP required for site work. Please submit four sets of revised plans. Prior to issuing a Highway Work Permit, you must submit the required permit fee and Surety Bond (sample enclosed). It is also mandatory that protective liability insurance be provided by the permittee. Also, enclosed is a Highway Work Permit Application to be completed and returned to us. The application, completed Perm 17 and the Surety Bond must be secured by the same party. All checks issued to the State of New York must show a Federal Identification Number. Permit Fee (Payable to "State of New York"): $900.00 Bond Amount: $10,000.00 Insurance Fee: Perm 17 Certificate of Insurance Questions concerning this matter should be directed to Mr. Gene Smith at (631) 952-6028. Please send all correspondence to his attention. Kindly refer to the subject case number and County tax map number in all correspondence Very truly yours, Crigir. ! ;i�:oed By SHAIK A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety SAS:ES:DW cc: . Peter Harris, Superintendent of Highways, Town of Southold r Xs. Valerie Scopaz, Planning Director, Town of Southold SAS:ES:DW Ek5T MARION FIRE DISTkitT 15L"VI-1 Board of Fire Commissioners PO Box 131 - Main Road - East Marion, N-Y 11939 Y�71 (631) 477-0163 Fax (631) 477-8310 Email EIv1FDistrict@optonline.net September 23, 2004 Daren Pfenning D E C E E Henning Construction Corp. , P. 0. Bcv 1331 SEP 2 T 2004 Mattituck,NY 11952 Re: Cove Beach farewells Southold Sown Piannin BaarA Dear Mr. Henning, The Board of Fire Commissioners has reviewed your request regarding firewells for your sub-division in East Marion and has made the following recommendations. At the entrance to the sub-division at Rt. 25 there is to be one electric well. On the LI Sound road there are to be one electric well at each end(total of two, one at the 1 west end and one at the east end.) s j In the center of the LI Sound road there is to be one 10,000 gal. water storage tank. a All wells should have a capacity of 350 gpm, have connections to be run by generator in { case of power failure and have couplings of National Standard hose thread. If you have anv further questions please contact our office. Thank you for your cooperation. Very truly yours, Walter Gaipa Fire District Secretary 1 Cc: ToNvn of Southold Planning Dept. . i i P' PLANNING BOARD MEMBEKS JERILYN B.WOODHOUSE P.O. Box 1179 Chair ® yt Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 RICIL4RD CAGGIANO T Telephone (631) 765-1938 WILLLAA1 J. CREMERS • , Fax(631) 765-3136 ' KENNETHDS L�,RTIN H.SIDOR i PLANNING BOARD OFFICE TOWN OF SOUTHOLD e July 13, 2004 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, New York 11901 I Re: The Major Subdivision of Cove Beach Estates I` SCTM# 22-3-9.1, 18.1, 18.7 &18.8 I Dear Mr. Cuddy; Enclosed please find the final plats for the above referenced subdivision that were signed by the Jerilyn B. Woodhouse, Chairperson of the Planning Board. Note that final approval Was granted on June 29, 2004, thc'date the Town Board accepted the Letter of Credit for the action. If you have any questions please do not hesitate to contact me at 765-1938 III u Smcerel , MarTerry S or Enviro ental Planner Cc: Melissa Spiro, Land Preservation Coordinator Tax Assessors Building Department o�OSUFFo��-�o G ELIZABETH A. NEVILLE y� Town Hall, 53095 Main Road TOWN CLERK COD Z P.O. Box 1179 REGISTRAR.OF VITAL STATISTICS %b-- Southold, New York 11971 NLAR.RIAGE OFFICER 41 • o`� Fax(631) 765-6145 .RECORDS NLANAGEMENT OFFICER �! � �a Telephone (631) 765-1800 FREEDOM OF INFORAIATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 496 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 29, 2004: RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of credit No. Y034116 issued by UBS AG in the amount of$705,710.00 and an administration fee in the amount of$42,342.60 for the proposed Maior Subdivision of Cove Beach Estates located at East Marion, New York, SCTM#1000-22-3-9.1,18.1, 18.7 & 18.8 as recommended by the Southold Town Planning Board, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk F E V Egu"iiJn. r( jul — $ 9,, s Southold Town Planning?oa•+ CD �0- '� CHARLES R.CUDDY S to, ATTORNEY AT L AR 41,5ORIFFIN3_ VENUE RIVERHE aD,NEC YOR& Mailing Addre__: IEL: (631)369-87110 P.O.sns 151 77 i F_YZ: i631136n-9080 Riverhead,NY 11901 E-mail: chanes-cudd,,Cu verizon.net June 24. 2004 Hand Delivered Mr_ Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route25 P_O. Box 1I79 Southold, NY 11971 Re_ Cope Beach Estates, LLC -Major Subdivision SCTB'191000-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Terry: In accordance with the Planning Board resolution granting final approval to the above subdivision, we are enclosing a certified copy of the Road Maintenance Declaration, which rNas recorded with the SLItTo Uc County Clerk's Office on June 23, 2004, at Liber D000123'_'6 page 677. Please make it part of your record. Very truly yours, Charles R. Cuddy CRC:ik Enclosures I , FDr E 1 J T-,1q,'. CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing;Address: TEL: (631)369-8" P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net June 24, 2004 Hand Delivered Mr. Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Cove Beach Estates, LLC -Major Subdivision SCTM#1000-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Terry: We are enclosing four(4) mylars and five (5) prints of the subdivision map endorsed with approval of the Suffolk County Department of Health Services. The applicant has complied with all of the requirements of the resolution of the Planning Board and now requests that the map be signed so it may be filed with the County Clerk. Very truly yours, 0 4 / � Charles R. Cuddy CRC:ik Enclosures ii ` JUN 2 5 2?0411 Southold Town Panning Board CHARLES R.CUDDY D ATTORNEY AT LAW MAY 9 2004 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Southold Toa�� Mailing Address: plan", -8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net May 18, 2004 Mr. Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Cove Beach Estates, LLC-Letter of Credit Dear Mr. Terry: We are en losing the amended Letter of Credit for the sum of$705,710.00 in accordance with the estimate Wirepared Ly James A.Richter,Engineer, and we have added $30,000 for two additional fire wells. f If you have any question please do not hesitate to call me. / Very truly yours, Charles R. Cuddy CRC:ik Enclosures UBS UBS AG bitNew York Branch 299 Park Avenue New York,New York 10171 Tel.212-916-2000 Date: MAY 17, 2004 SWIFT Address : UBSWUS33 SOUTHOLD PLANNING BOARD TOWN OF SOUTHOLD MAIN ROAD SOUTHOLD, N.Y. 11971 AMENDMENT OF OUR STANDBY LETTER OF CREDIT NO. Y034116 NO. OF AMENDMENT: 1 Applicant : COVE BEACH ESTATES, LLC C/O RAOUL WITTEVEEN 90 PART AVE. , STE 1713 NEW YORK, N.Y. 10016 Ref. No . : 089613 The above-mentioned credit is being amended as follows : The amount of this credit is increased by 98, 743 .50 USD. The amount of this credit now totals 705, 710 . 00 USD not exceeding. All other terms and conditions remain unchanged. Please signify your agreement or disagreement to this amendment by signing on the appropriate line below and faxing to the attention of DIANE SMART a fax no . (203) 719-4634/4657 . ----------------- ----------------- WE AGREE WE DISAGREE Very truly yours, UBS AG Ace n New York Branch ,A.seociate Di otor Bartell Operations Director Operation. ' UBS AG UBS New York Branch f 299 Park Avenue New York,New York 10171 Tel.212-916-2000 Date: APRIL 2, 2004 SWIFT Address : UBSWUS33 SOUTHOLD PLANNING BOARD TOWN OF SOUTHOLD MAIN ROAD SOUTHOLD, N.Y. 11971 IRREVOCABLE STANDBY LETTER OF CREDIT NO: Y034116 On behalf of Cove Beach Estates, LLC, NYS Route 25, East Marion, New York, we hereby issue in your favor our Irrevocable Letter of Credit No . Y034116 up to an aggregate amount of USD 606, 966.50 (uS Dollars Six Hundred and Six Thousand Nine Hundred and Sixty Six and 50/100) effective immediately and expiring at our office locategl t 67.7' Washington Boulevard, Stamford, CT 06901 on April 3, 2006 . Funds under this Letter of Credit are available by your sight draft (s) drawn on us, indicating our Credit No. Y034116 accompanied by: "Beneficiary's signed statement certifying that Cove Beach Estates, LLC has failed to complete certain site improvements for the final plan of " Cove Beach Estates Subdivision,", as called out by resolution of the Southold Planning Board in the amount of $ It is a condition of this Letter of Credit that it shall be deemed automatically extended without amendment for one additional year from the present, unless forty-five (45) days prior to any such date, we shall notify you in writing by certified -mail or. courier mail at the above listed address that we elect not to consider this Letter of Credit extended for any such additional period. In such an event, the Letter of Credit may be drawn on in the full amount. Draft (s) drawn to state: "Drawn under UBS AG Letter of Credit No . Y034116 dated April 2, 2004. " We hereby engage with you to honor your draft (s) as specified above when accompanied by documents in conformity with the terms and conditions of this Letter of Credit when presented to: UBS AG, 677 Washington Boulevard, Stamford CT 06901, Attn: Letters of. Credit Dept. All correspondence regarding this Letter of Credit must also be sent to this office mentioning our LC No. Y034116 . Except as far as otherwise expressly stated herein, the Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of' "C ommerce Publication No. 500 . Very truly yours, UBS AG New York Branch ohn Garbarino Associate Dlrectof�an Martell Operations Director Operations J J/ "• I , WV' % PLANNING BOARD MEMBERS � G JERILYN B.WOODHOUSE P.O.Box 1179 Chair y� Town.Hall, 53095 State Route 25 Southold,New York 119 71-0959 eA RICHARD CAGGIANO ,y Telephone(631) 765-1938 WILI.I.& i J. CREMER.S G ® �� Fax(631) 765-3136 KENNETH L.EDWARDS MARTIN H.SIDOR ��l `j►� PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 15, 2004 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, New York 11901 Re: Proposed Major Subdivision Cove Beach Estates Located on the north side of NYS Route 25,1000' east of Kayleigh's Court, in East Marion SCTM#1('00-22-3-9.1,18.1, 18.7 & 18.8 Zone: R-80 Dear Mr. Cuddy: The Southold Town Planning Board, at a meeting held on Monday, June 14, 2004, adopted the following resolutions: WHEREAS,the applicant proposes to subdivide a 104.40 acre parcel into 12 lots; and WHEREAS, the parcel is subject to a 1995 Conservation Easement, dated December 29, 1995, filed with the Clerk of Suffolk County in Liber D00011756, Page 282; and WHEREAS, the parcel is subject to an Amendment to the 1995 Conservation Easement, dated December 18, 1996, filed with the Clerk of Suffolk County in Liber D00011808, Page 661; and WHEREAS, the parcel is subject to a 1997 Conservation Easement, dated December 29, 1997,filed with the Clerk of Suffolk County in Liber D00011869, Page 975; and WHEREAS, an Amendment of the1997 Conservation Easement was filed on April 9, 2004 with the Clerk of Suffolk County in Liber D00012312, Page 663; and WHEREAS, the Conservation Easements limit the total number of residential lots to 12; and WHEREAS, on May 10, 2004, the Southold Town Planning Board granted conditional preliminary approval on the plat, dated & last revised September 22, 2003; and WHEREAS, the Suffolk County Department of Health granted approval of the action on December 31, 2003; and a Cove Beach Estates— Page Two—6115/04 WHEREAS, On December 13, 2003, the New York Department of Environmental Conservation issued Permit No. 1-4738-03150/00001 shown on the Road and Drainage Plan, dated as revised May 23, 2003; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and WHEREAS,, pursuant to Al06-24E of the Southold Town Code, the Planning Board deems the.final plat to be in substantial agreement with the preliminary plat approved and modified in accordance with requirements of such approval, therefore,the Planning Board waives the requirements for a final public hearing; be it therefore RESOLVED, that the Southold Town Planning Board accept the UBS AG Letter of Credit No. Y034116 in the amount $705,710.00 and administration fee in the amount of $42,342.60 and recommend same to the Town of Southold Town Board; and be it further RESOLVED, that the Southold Town Planning Board grant final approval on the plat dated as revised September 22, 2003, and the Road and Drainage Plan, dated as revised May 23, 2003, and authorize the Chairperson to endorse the final plat subject to the fulfillment of the following conditions: 1. The acceptance of the Letter of Credit No. Y034116 by the Town of Southold Town Board. 2. The filing of the final Road Maintenance "Declaration" with the Office of the Clerk of Suffolk County and upon filing, the recording of the liber and page numbers upon the final plat. The mylar maps, which will be endorsed by the Chairperson as noted above, must be picked up at this office and filed in the Office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval (Chairperson endorsement) shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, Jerilyn B. Woodhouse Chairperson encl. cc: Melissa Spiro, Land Preservation Coordinator Michael Verity, Chief Building Inspector Tax Assessors CHARLES R.CUDDY ATTORNEY AT LAW M A� 9 2004 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Southold Town Plann. arty Mailing;Address: 369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net May 18, 2004 Mr. Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Cove Beach Estates, LLC -Letter of Credit Dear Mr. Terry: We are enclosing the amended Letter of Credit for the sum of$705,710.00 in accordance with the estimate prepared by James A.Richter,Engineer, and we have added$30,000 for two additional fire wells. If you have any question please do not hesitate to call me. Very truly yours, Charles R. Cuddy CRC:ik Enclosures �L:L',� " �'� /�%'S'C CAL. CHARLES R.CUDDY D ATTORNEY AT LAW M A� 1 9 2004 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Southold to � Mailing Address: plann� a 369_8X0 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net May 18, 2004 Mr. Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Cove Beach Estates, LLC-Letter of Credit Dear Mr. Terry: We are em losing the amended Letter of Credit for the sum of$705,710.00 in accordance with the estimate r/epared by James A.Richter,Engineer, and we have added$30,000 for two additional lire wells. If you have any question please do not hesitate to call me. Very truly yours, Charles R. Cuddy CRC:ik Enclosures UBS AG 4� UBS New York Branch 299 Park Avenue New York,New York 10171 Tel.212-916-2000 Date: MAY 17, 2004 SWIFT Address : UBSWUS33 SOUTHOLD PLANNING BOARD TOWN OF SOUTHOLD MAIN ROAD SOUTHOLD, N.Y. 11971 AMENDMENT OF OUR STANDBY LETTER OF CREDIT NO. Y034116 110. OF AMENDMENT: 1 Applicant : COVE BEACH ESTATES, LLC C/O RAOUL WITTEVEEN 90 PART AVE- , STE 1713 NEW YORK, N_Y_ 10016 Ref_ No . : 089613 The above-mentioned credit is being amended as follows : The amount of this credit is increased by 98, 743 .50 USD. The amount of this credit now totals 705, 710 - 00 USD not exceeding. All other terms and- conditions remain unchanged. Please signify your agreement or disagreement to this amendment by signi on the appropriate line below and faxing to the attention of DIANE SMART fax no - (203) 719-4634/4657. WE AGREE WE DISAGREE Very truly yours, UBS AG New York Branch �_�J ce eori ; L' .'z e-e" Amoaiate.Di otor MarteV Operations Director UBS AG *� UBS New York Branch f 299 Park Avenue New York,Plew York 10171 Tel.212-916-2000 Date: APRIL 2, 2004 SWIFT Address : UBSWUS33 SOUTHOLD PLANNING BOARD TOWN OF SOUTHOLD MAIN ROAD SOUTHOLD, N.Y_ 11971 IRREVOCABLE STANDBY LETTER OF CREDIT NO: Y034116 On behalf of Cove Beach Estates, LLC, NYS Route 25, East Marion, New York, we hereby issue in your favor our irrevocable Letter of Credit No . Y034116 up to an aggregate amount of USD 606, 966.50 (qS Dollars Six Hundred and Six Thousand Nine Hundred and Sixty Six and 5:J/100) .' effective immediately and expiring at our office locateq!at 677, Washington Boulevard, Stamford, CT 06901 on April 3, 2006. Funds under this Letter of Credit are available by your sight draft (s) drawn on us, indicating our Credit No. Y034116 accompanied by-- "Beneficiary's signed statement certifying that Cove Beach Estates, LLC has failed to complete certain site improvements for the final plan of "Cove Beach Estates Subdivision,", as called out by resolution of the Southold Planning Board in the amount of $ r It is a condition of this Letter of Credit that it shall be deemed automatically extended without amendment for one additional year from the present, unless forty-five (45) days prior to any such date, we shall notify you in writing by certified .mail or. courier mail at the above listed address that we elect not to consider this Letter of Credit extended for any Such additional period. In such an event, the Letter of Credit may be drawn on in the full amount. Draft (s) drawn to state: "Drawn under UBS AG Letter of Credit No. Y034116 dated April 2, 2004. " We hereby engage with you to honor your draft(s) as specified above when accompanied by documents in conformity with the terms and conditions of this Letter of Credit when presented to: UBS AG, 677 Washington Boulevard, Stamford CT 06901, Attn: Letters of Credit Dept. All correspondence regarding this Letter of Credit must also be sent to this office mentioning our LC No- Y034116. Except as far as otherwise expressly stated herein, the Letter of Credit is subject to the Uniform Customs and Practice for Documentary i Credits (1993 Revision) International Chamber of ommerce Publication No - 500 _ Very truly yours, UBS AG New York Branch �^ ohn Garbarino Associate Direcfpr Fran Martell Director Qperations Operations 1/4T CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: E RE 1)369-8200 P.O.Box 1547 ( 1)369-9080 Riverhead,NY 11901 E-mail: charles.c verizon.net June 1, 2004 JU4 - 2 2004 Southold Town Mr. Mark Terry Planning BOW Southold Town Planning Department Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Cove Beach Estates, LLC Dear Mr. Terry: As indicated to you the only outstanding requirement is final approval from the NYS Department of Transportation. The applicant had submitted the final plans to the DOT and the curb cut is located at the same place as in the previous submission.In fact, the applicant has been paying on the DOT Performance Bond required on the last submission years ago. Because of anticipated delay in the DOT approval process Cove Beach Estates agrees that it will not seek any reduction in the Letter of Credit which was submitted in connection with the site improvements until final DOT approval has been received. Based upon this representation Cove Beach Estates, LLC respectfully requests the Town Planning Board grant final approval of the subdivision. If there are any questions concerning this matter I will be pleased to meet with you or the Planning Board to resolve them. May I please hear from you at your earliest convenience. Very truly yours, Charles R. Cuddy CRC:ik Enclosures cc; Raoul J. Witteveen " COUNTY OF SUFFOLK J U N - 2004 STEVE LEVY SUFFOLK COUNTY EXECUTT E $outh0ld Town Planning Boarr, OM-- ISLES AICP DEPARTMENT OF PLANNING IRECTOR OF PLANNING May 25, 2004 Ms. Jerilyn B. Woodhouse, Chair Town of Southold Planning Bd. Main Road Southold,NY 11971 Plat Name: Cove Beach Estates (Cove Beach Associates) Tax Map No.: 1000-22-03-9.1, 18.1, 18.7 & 18.8 SCPD File No.: S-SD-84-2.5 Dear Ms. Woodhouse: Pursuant to the,requirements of Section A14724, Article XIV of the Suffolk County Administrative,,Code,the above captioned-proposed final plat which has been referred to,the,Suffolk CountiPlanning Commission is considered to be.a matter for local,determination A,decision of local determination should not be construed as'either an approval or disapproval. The Department offers the following remarks pursuant to Suffolk County Planning Commission Policy: ► The "top of bluff' should be flagged in the field by a qualified expert, verified by the appropriate regulatory agency and shown on all surveys, maps, plans, plats or sketches associated with this action. The rate of erosion on site should be calculated by the expert. ► The "Coastal Erosion Hazard Line" should be flagged in the field by a qualified expert, verified by the appropriate regulatory agency and shown on all surveys,maps,plans,plats or sketches associated with this action. ► The most landward limit of freshwater wetland should be flagged in the field by a qualified expert, verified by the appropriate regulatory agency and shown on all surveys, maps,plans, plats or sketches. ► No new.residential structure,or sanitary;disposal,facility should;be constructed.or otherwise located less than 100 feet from the.top of bluff or adequate to guarantee 50 years of protection to the dwellings or,sanitary system based on the calculated erosion rate. ; ► Within 50 feet of the top edge of the bluff there should not be any grading except that that may LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR ■ P. O. BOX 6 100 ■ (5 16) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER(5 16)853-4044 May 26, 2004 S 1 'OLK COUNTY PLANNING DEPARTF T Page 2 be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this area should be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading should be subject to review by the Town to insure proper maintenance and preservation of the natural buffer. ► There should not be any individual access structure to the beach from lots 1-10. Access to the beach should be limited to a single structure to serve all residents of the subdivision. The structure should be designed and constructed in a manner that will result in the least disturbance of the stability of the bluff. ► . The subdivider should acknowledge in writing to the Planning Board that the creation of this subdivision in no way commits either the Town of Southold or the County of Suffolk to any program to protect this property from shoreline erosion through the construction of engineering or other works. ► No structure or sanitary facility should be located less than 100 ft. from the most landward limit of wetland. Sincerely, Thomas Isles, AICP Director of Planning s ^ Andrew P. Freleng, Al P Principal Planner APF:cc G'ACCHORN ASUBDIVILD20041MA ASD84-24.MAY LOCATION MAILING ADDRESS H. LEE DENNISON BLDG.-4TH FLOOR ■ P. O. BOX 6 100 ■ (5 16)853 5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER(5 16)853-4044 ;w i CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net May 19, 2004 Mr. Mark Terry I � R u Southold Town Planning Department Southold Town Hall MAY Z 0 2004 53095 Route 25 P.O. Box 1179 Southold, NY 11971 ,51,.1611 CAl Southold Town _ Planning Board Ike: Cove Beach Estates, LLC '" Dear Mr. Terry: In connection with the above major subdivision, we are enclosing a check in the sum of$42,342.60 representing an administrative and engineering fee of 6% of the bond total. Very truly yours, e S gC Cc e Ito 1' Charles R. Cuddy CRC:ik Enclosures CHARLES R.CUDDY ATTORNEY AT LAW 4.15GRIFFING VENUE MTRRE AD,NEW YORK Saalhold Tas d -mailing kddrees: PI rd, ,3(jQ-9200 P.O.Bo= 1547 Ell: (631)369-9030 - Riverkead,NY" 11901 E-mail: charles.cuddv@verizon.net May 13, 2004 Mr. Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route 25 PD, Box 1179 Southold, NY 11971 Re_ Cove Beach Estates, LLC -Letter of Credit Dear.Mr. Terry. We are enclosing the amended Letter of Credit for the sum of$705,710.00 in accordance with the estimate prepared by James A Richter,Engineer;and we have added$30,000 for two additional fire wells. If you have any question please do not hesitate to call me. hVery truly yours, ZB-2 CQ. a Charles R. Cuddy CRC:ik Enclosures . T TB(ZS 1 ( 3 UBS AG rU New York Branch �J 299 Park Avenue _ New York. New York 10171 Tel.212-916-2000 f Ir 1 i i ' Date: MAY 17, 2004 SWIFT Address : UBSWUS33 SOUTHOLD PLANNING BOARD TOWN OF SOUTHOLD MAIN ROAD SOUTHOLD, N.Y. 11971 9 I AMENDMENT OF OUR STANDBY LETTER OF CREDIT NO. Y034116 NO. OF AMENDMENT: 1 Applicant : j COVE BEACH ESTATES, LLC G C/O RAOUL WITTEVEEN 90 PART AVE . , STE 1713 NEW YORK, N.Y- 10016 Ref_ No_ : 089613 I The above-mentioned credit is being amended as follows : The amount of this credit is increased by 98 , 743 . 50 USD. The amount of this credit now totals 705, 710 - 00 USD not exceeding. All other terms and conditions remain unchanged. Please signify your agreement or disagreement to this amendment by signing on the appropriate line below and faxing to the attention of DIANE SMART a fax no _ (203) 719-4634/4657 . ----------------- ----------------- WE AGREE WE DISAGREE Very truly yours, UBS AG New York Branch ce ?� � [c'� -Amo.1ate Ctor Fran ertei4 Operation, Vector Operations " UBS �y V L UBS AG New York Branch R 299 Park Avenue New'lork,New'fork 10171 Tel.212-916-2000 Date: APRIL 2 , 2004 SWIFT Address : UBSWUS33 SOUTHOLD PLANNING BOARD { TOWN OF SOUTHOLD MAIN ROAD SOUTHOLD, N_Y_ 11971 { IRREVOCABLE STANDBY LETTER OF CREDIT NO : Y034116 1 j On behalf of Cove Beach Estates, LLC, NYS Route 25 , East Marion, New York, we hereby issue in your favor our Irrevocable Letter of Credit No . Y034116 up to an aggregate amount of USD 606, 966 . 50 (US Dollars Six Hundred and Six Thousand Nine Hundred and Sixty Six and 50/100) effective immediately and expiring at our office located at 677 Washington Boulevard, . Stamford, CT 06901 on April 3 , 2006 _ Funds under this Letter of Credit are available by your sight draft (s) drawn on us, indicating our Credit No . Y034116 accompanied by: "Beneficiary's signed statement certifying that Cove Beach Estates, LLC has failed to complete certain site improvements for the final plan of "Cove Beach Estates Subdivision,", as called out by resolution of the Southold Planning Board in the amount of $ " It is a condition of this Letter of Credit that it shall be deemed automatically extended without amendment for one additional year from the present, unless forty-five (45 ) days prior to any such date, we shall notify you in writing by certified mail or courier mail at the above listed address that we elect not to consider this Letter of Credit extended for any such additional period. In such an event, the Letter of Credit may be drawn on in the full amount . Draft (s) drawn to state: "Drawn under UBS AG Letter of Credit No _ Y034116 dated April 2 , 2004_ " We hereby engage with you to honor your draft (s) as specified above when accompanied by documents in conformity with the terms and conditions of this Letter of Credit when presented to: UBS AG, 677 Washington Boulevard, Stamford CT 06901, Attn: Letters of Credit Dept. All correspondence regarding this Letter of Credit must also be sent to this office mentioning our LC No_ Y034116 . Except as far as otherwise expressly stated herein, the Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No _ 500 . Very truly yours , 9 UBS AG New York Branch John Garbadno Fran Marteu =Associate Director Director Operations Operations s 7 p a a �� •.:�fFOL,� 6 . JAMES A. RICHTER, R.A. JOSHUA Y. FIORTON y� ENGINEER SUPERVISOR w w m Toct oFsoLTaol�,NEA,YORK lt4n T&%VN FLkL4- 509 �'f:•li;�RQrYD - �j Tel (516)-76;-1560 Fax. ilp)-765-T366 T OFFICE OF THE ENGINEER 7 G E � � TOWN OF SOUTHOLD (� � !i t T L1 If BORED ESTIMATE APR 8 ?fid a COVEJ3EACH ESTATES f '. it Rqufe125 fWarion,TOWN OF SOUTHOLD fy .,:� ";•3 . . - S'GTAT 1000`'-02-2-03=9.1,18.1,16.7&16.9 $Gi'1I14fd TQWQ i ; € Planning Boar ' DATE March 29,2D04 ��p4ti ' UAN� ESCRIPTION UNIT PRICE AMOUNT ip %RUBBING $ 2,500.00 S 14,000.00 T D,WAVATIGN -ROADS 2.00 19,000.00 I '• r;r i • i rr CK CIIR$1NG 10.00 6,800:00 1 • 5n , ri ve „e.-.I•i.,,j. 1.50 19,500:00: 1 ACE I''I; _ -'S Fl • .!, ii t• - _1.,a 2,000.00 52,000.00 LEACHING POOL 300.00 249,300.00 i ri rVT LDRAINAGE! V PIPE 25.00 7,200.00 . el, IF ir20-00 18,20Q.00- - r C•I .CING 7 L, 4 ,, i,:- .I r:i f ND ok RCA BASE 40.00 39,400.00 i71� N r�� ,•� i i r.T 11 i, OER COURSE—(2'/�"Thick) 60.00 7$,240-00 +' x• - PH I 1 F RING COURSE—(1 %"Thick) 60-00 46,920,00. 'I - ?y}t vi:TF I•I.NEWAYAPRON 30.00 3,000.00 nil :- IF i I T i.1 .!11,S 2,000-00 6,000.00 'x pirl. i •I-:RVEYMONUMENTS 100.00 2,500.00 ae. atr [,;t••, il. JIED 2.00 29,650-00 .F 6 T :•I, ,: 200.00 1,000.0Q J 6a ]h-.` 'iu1 IT i' 15,000.00 30,000-00 200.00 50,000-00 I ! I „i I, I i ' F TRAFFIC - 3.000.00 I BOND-TOTAL $ 675,710.00 r +6%ADMINISTRATION FEE $ 40 542 60 e TOTAL AMOUNT $ 716,252.60 Ij I • CHARLES R.CUDDY F ATTORNEY AT Law f AFR f 4�45GR[BF[NGaVENUE % 6 RIVERI EaD,NEW PORK C Ntai6k address: SDe;"" PO.Bos 1541 P'a-1,r : (631)36 - 0 31)369-9080 Riverhead,NY 11901 E-mail: clFarles.cuddyLgvenzon.net April 5, 2004 Mr. Mark Terry Southold Town Planning Department Southold Town Hall 53095.Route 25 P.O. Box 1179 Southold, NY 11971 Re: Cove Beach Estates, LLC -Major Subdivision SCT161#1000-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Terry: Supplementing our previous correspondence, enclosed is a copy of the Town Trustees' approval to improve the existing roadway together with a copy of the wetland permit. Please make this part of your file. Very truly yours, 4- Charles R. Cuddy CRC:ik Enclosures Albert J.Krupski,President - F Si }='C,. _ '-s- �` Town Hall James King,Vce-President -53095 Route 25 Artie Foster P:O..Bax 1179 Ken Poliwoda ' - Southold,New York 11971-0959 - . . - Peg, A. Dickerson .Telephone (6331) 765--1892 - r - Fax(631) 765-1366 _ I ; BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD :'March 24;2004 Charles R_Cuddy,-Esq. 445 Griffing Ave. P.O. Box 1547 Riverhead, NY 11901 RE: COVE BEACH ESTATES, LLC ROUTE 25, EAST MARION SCTM#2263-9.1,18.1,18.7 & 18.8 Dear Mr. Cuddy: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, March 24, 2004 regarding the above matter: WHEREAS, Charles R. Cuddy, Esq.on behalf of COVE BEACH ESTATES,.LLC applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 Of the Southold Town Code, the Wetland Ordinance of the Town of Southold; application dated March 4, 2004'and; WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to'said application on March 24, 2004, at which time all interested persons were given an op'porturtity to be heard, and, WHEREAS, the Board members have personally,viewed.and are familiar with the premises in question and.the surrounding area, and, WHEREAS, the,Board has considered all the testimony and documentation`submitted concerning this application;-and; V _ 'WHEREAS, the structure.complies.With the standards set forth in Chapter 97-of-the Southold Town Code, ;WHEREAS ;the Board has-.determined Thatthe projectas proposed will.ino_t'affecuf% health';safety and `general welf ire of-the people of the#own, .;_'.NOW THEREFORE BE IT, !RESOLVED;.that the Board of Trustees approve the application of COVE BEACH :ESTATES,;LLC to improve the existing roadway, as depicted on the site plan prepared by Howard W. Yaiang,las.dated:October 31, 2003. ,'Permit to consfruetand complete.proiect Will expire.two years from the•dateothe permit' ls:sfg ned` Fees muskbe aid, if_ p, applicable, and permit issued within six month5.'ofthe- ^Wte`of this notificatr`om fnspections are required at a fee of$50.00 per inspection. (See attached schedule.) -.Fees: $50.00 Very truly yours, rh r lye Albert J. Krupski, Jr. President; Board of'Trustees. AJK/Ims tAlbertJ.Krupski,President @� - - Q. Town.Hall - JamesKing Vice-President _pOFF0�i1{'C - '53095Borate25 - - Artie Faster - O7: OG - P.O.Box 1179 .Z. ,. y Ken PoliTvoda iJ ` • Southold New York 11971:0959 Peggy A.Dickerson W°a Telephone(631) 765-1892 Fax(631) 765-1366 poi � Sao BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE.-REQUIRED TO,CONTACT THE OFFICE OF.THE.BOARD OF TRUSTEES 7ZHOURS PRIOR TO COMMENCEMENT F SHE W0kFC;_TO MAl¢AN. APPOINTMENT AOR A PRE-CONSTRUCTIONb-INSPECTION..FA"ILURE�TORUO',O SHALL.BE CONSIDEREb-A VI01_ATION tAI t)°POSSIBLE REVOCATION C?F THE.. pERBAIT: INSPECTION SCHEDULE Pre-construction, hay bale line l t day of construction '2 constructed- - - Project complete, compliance inspection. i ' di) t /' .--.8oard Of Southold. Town - Trustees [ s f 1 ) _ SOUTHOLD, NEW YORKki f ppp PERMIT NO. 5 pG .. _.- s' ` � DATE- . [.larch -'1, �iiiid, � } CC VE BEACH; FSTAIEti LLC OSSUED 7O _. _._ ._ '* Pursuant ,toithe, provisions,of .Cha'pfei, 15 of the Laws of +the Stefe of New Yorkra893;:and 'Chapter 404 of the Laws of the ` t State 'of New York 1952; and the Southold Town Ordinance en- ;titled "REGULATING AND-THE,,PLACING,OF OBSTRUCTIONS , e IN AND ON TOWN WATERS AND PUBLIC LANDS and the ' J 1 +'#REMOVAL OF SAND, GRAVEL OR ,OTHER;MATERIALS FROM , ELANDS .UNDER TOWN WATERS;" and in accordance with the = Resolution of The Board adop#ed at a.meeting held on . P.[arcn '{, 'toi „-and m consideration of the sum of.,-,$ on _0 paid by Co, e Beach E_tate f:uc � ! of .. .,Cold Spring N. Y. and subject to the { +' Terms and . Conditions listed on .the , reverse side hereof, of Soufh`old Town Trusfees authorizes and permits the following: LVctland Persnit'to improve the'E_tiisting iosd .,a„- a's depicted � on the sit Pim prepared P e aced b Hoe:a d Lti. Young last dated October 31q'; 2004.1 =` all in accordance with the detailed specifications as presented in' s fhe-originating application. s IN WITNESS WHEREOF, The said.Board of Trusrees'hkre- 'by causes its Corporate Seal to be affixed, and these .ppresents to be subscribed by a majority of the said Board -as of these.. dafe. . ' i ��� COG l,:�r:•+ '�t "� /C��_ �_, ' '" � � 4' �.: � in Y Artia to-tet`b,tabsent'I Trustees .� t�<`' �: \ c. , •�\+ v 4L.,®A. ! •• .Rr,�. •"'G !r.y t v CHARLES R.CUDDY D E C E ATTORNEY AT L AQP 445GRIFFINGAVENUE APR . RIVERHEAD,NET YORK 6 Ln-I D'Iailin,Address: SO JiFG -� 7 P.O.Bax 1547 Ffenei.�. ;x(631)369- - Rive&) d,NY 11901 E-mail: char es.cu ave= April 5, 2004 Mr. Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Cove Beach Estates, LLC -Letter of Credit SCTNI#1000-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Terry Enclosed is a Letter of Credit in the sum of$606,966.50 from the UBS AG Bank. Please have it reviewed and confirm that it is acceptable_ Very truly yours, Charles R. Cuddy d CRC:ik i Enclosures v S�2 PAGE ©=,'61 ' I 9 CF—ARLES R. CUDDY ,Attorney at Law Yds C:ri'fling .Avenue Riverhead, New York 11401 TO No.: (631) 36 -FZ00 Fax No.: (631)369-9080 { TO: IrviarX Terry FaxFax4, .65-31'6 �1 E 6E D V E (f Ll TE.LECOPTER COVER SHEET jj Total N;:mber oFpages?including cover .heet SAY 3 2004 1 if transtri3sion is raLdt,,or ncorn iez--, p'I235e inf,-rrr, iic Hi sncr as pcissibl . Southold Town Operator: Iveov:a Dvle: Maj-3, 2W14 PlanningBoara I Re: C;o.•e Reach Esb: ties Please auv:seus o`the status if dhe Letter of%redi-.and the"?oad Maintenance 6 grmementforxarded to you r. April 5. 2.-04 C:har.es R. C:ucdy _......o.....----a.....---------------------------------------------------- v- Thea-rax lramsmmion Avgdfhz w;,m arruarin&folk,inA•arc intended for rise pert•rn nrpersm.,.,Pumice herevlr andere ', coati:lererf s.�uferi�wrtiaf rnformafiar,.. I�'yau Army rerci++er!rhes trrrnsanir.riefn in c+rnt,pnu are rGteclad to raturu rheve ,rsntcriais tmrvccrirre'p hr reg;+lar mail lu she.eesder ei rhe a3nvc txl.lrcxs. Postage incurred for nccterurs will be paid ------------ -----firm:; PAGE 01r01 � f CHARLES R. CUDDY Attorney at Law 445 Griffrng Avenue Riverhead, New York €1901 Tel,No.: J631)36?�-82ft0 Pax No., (631)369-9090 T€7: IN.ark Tartu FRI, E c E Fax 4: '6'3r3 liz -VuxcOPIER COVER$BEET APR 2 2 2Cu4 Total Number of pages ] inciudmg cover sheet. If transmission is fault},or incomplete, please inform us as soon asp sable. Soufro!d Yav n Pla�nic;Scar.' Operator: 1wgPa Ante. April 21,2004 j Comments: I Re. Cove Beach Estates -Mease advise whether-tha Letter of Credit and the Maintenance Agreement have been approved so we may pscceea.o obtain linai scbdivisim,, approval. I Charles R Cuddy I - This l,,t�rren.Pmfssian tngati+ee:uith rtiateriol:fnGmning are intended far rte pCRaa w per.Pnras.named Aerean and are cone:dera caqZaenlial i&formwi&& 1/you bare retched duP oramm&dw..iu error, you we directed to rcturn there nmateria.•r imwsediafc4r hr regairr mail do Ae sender at the abowe address, the raurn will be paid kv Phi.P�rmt ufFoc PLANNINYN BO OODMEMBERS O SEE %-4 P.O. Box 1179 JERILChair Town Hall, 53095 State Route 25 �y Southold, New York 11971-0959 RICHARD CAGGIANO ,y � Telephone (631) 765-1939 WILLIAM J. CREr ERS ® KENNETH L.EDWARDS Fax (631) 765-3136 MARTIN H.SIDOR ®1 �a0 , PLANNING BOARD OFFICE TOWN OF SOUTHOLD yTo: Patricia Finnegan, Town Attorney 1 i j From: Mark Terry, Senior Environmental Planner Date: April 19, 2004 Re: Proposed Road and Maintenance Agreements Mill Creek Farms (SCTM#56-1- 11.1 Proposed Letter of Credit for Cove Beach Estates (SCTM#22-3-9.1, 18.1, 18.7 and 18.8.) Proposed Road Maintenance Agreement Cove Beach Estates (SCTM#22-3-9.1, 18.1, 18.7 and IS.S.) Attached are the proposed documents as described above. Please review the Letter of Credit for acceptability to satisfy the performance guarantee requirement. The amount is incorrect and will be modified. Note that the Road Maintenance Agreement is proposed to be held by a corporation. This is not the norm. What liability does the town incur with this proposal? The ROW does not meet specifications for the dedication to the Town and therefore, cannot be dedicated in the event of default. } i r .Terry, Mark From: Terry, Mark Sent: Friday, April 16, 2004 2:27 PM To: Richter, Jamie Subject: Cove Beach Fire Wells i I just recieved a response from the East Marion Fire District. They are requiring 4 electric Fire Wells. I am fowarding the map for you review. In addition, if you are in agreement the bond estimate needs to be amended prior to adoption ii t r i I i ST MARION FIRE DISC CT Board of Fire Commissioners PO Box 131 - Main Road - East Marion, NY 11939 (631) 477-0163 Fax (631) 477-8310 Email: EMFDistrict@optonline-net 9 iI 1 { April 8, 2004 9 _ Mr. Bruno Semon, Sr. Site Plan Reviewer E C Planning Board Town of Southold, 2004 t 1 PO Box 1179 APR 9 2004 ` Southold, NY 11971 - - -- — rmurt: Dear Mr. Semon, sowhuld= Planning Bard The Board of Fire Commissioners, in consultation with the Chief of the Fire Department, have made the following requests in regard to the three projects sent to us for our review. Gala Holistic Circle, Shipyard Lane, East Marion- 1) Drawing C1.0-three locations for fire hydrants 2) Request fire access to the marina area for fire protection Hellenic Snack Bar, Main Rd. East Marion 1) Hydrant location at west entrance Cove Beach Estates, Main Rd. East Marion 1) Drawing #1-one electric well location 2) Drawing #3-three electric well locations Please contact us if further information is required. Thank you very much for requesting our input. Very truly yours Walter Gaipa Fire District Secretary O�gU ,( FFO( cD JOSHUA Y. HORTON �� �� JAWS A. RICHTER, R.A. SUPERVISORi ENGINEER TOWN HALL - 53095 LLUN ROAD ' TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (516)-765-1366 y�o1 a0� Tel.(516)-765-1560 OFFICE OF THE ENGINEERUj02Urtnhj0nB TOWN OF SOUTHOLD BOND ESTIMATE COVE BEACH ESTATES Route 25,East Marion,TOWN OF SOUTHOLD SCTM 91000-022-03-9.1,18.1,18.7&18.9 DATE March 29,2004 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 5.6 ACRE CLEARING&GRUBBING $ 2,500.00 $ 14,000.00 2- 9,500 C.Y. ROUGH GRADING/ UNCLASSII-IED EXCAVATION -ROADS 2.00 19,000.00 3. 680 L.F. BELGIANBLOCK CURBING 10.00 6,800.00 4. 13,000 SY. FINE GRADING 1.50 19,500.00 DRAINAGE 5. 26 EACH CATCH BASINS 2,000.00 52,000.00 6. 831 V.F. 10' DIAINIETER LEACHING POOL 300.00 249,300.00 7. 288 L.F. 18"DIAMETER DRAINAGE PIPE 25.00 7,200.00 8. 910 L.F. 15"DIAMETER;DRAINAGE PIPE 20.00 18,200.00 SURFACING 9_ 985 C.Y. o"STONE BLEND or RCA BASE 40.00 39,400.00 10. 1,304 TONS ASPHALT BINDER COURSE-(2 14"Thick) 60.00 78,240.00 11. 782 TONS ASPHALT WEARING COURSE-(1 ! "Thick) 60.00 46,920.00 12. 100 S.Y. CONCRETE DRIVEWAY APRON 30.00 3,000.00 13. 3 EACH STREET LIGHTS 2,000.00 6,000.00 14. 25 EACH CONCRETE SURVEY MONUMENTS 100.00 2,500.00 15. 14,825 S.Y. TOPSOIL&SEED 2.00 29,650.00 16. 5 EACH STREET SIGNS 200.00 1,000.00 17. 2 EACH FIRE WELL 15,000.00 30,000.00 18. 250 EACH STREET TREES 200.00 50,000.00 19. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 3,000.00 BOND-TOTAL, S 675,710.00 +6°o ADMINISTRATION FEE S 40542.60 TOTAL .AAIOUNT S 716,252.60 COUNTY OF SUFFOLK STEVE LEvY SUFFOLK COUNTY EXECLMVE DEPARTMENT OF PLANNING THOMAS ISLES, AICP April 14, 2004 E LOW 1_0 V E Ms.Jerilyn B.Woodhouse Jr.,Chair Town of Southold Planning l3d, Main Road SmAhold Town PlmningBoarti Sautho"d, NY 11971 Preliminary--.Final Plat Name: Cove Beach Estates Tax Map#: 0100-022-03-18.3 SCPD File No.: S-SD-84-2.5 Dear Ms. WoodhoUse: Pleas_e�e�ladvisedtlratpurs,uant tb Sectid.n A14-24, Article)(IV of ib.6 5�ff6lk,County A-drainistiative Code,-the above,referral xvill. not be reviewed by the Suffolk County Planning Commission because of no.neompliance with requirements for notice and maps as stipulated in the Suffolk County Planning Commission Subdivision Guidebook." The staff has checked the above referenced referral and find that it is incomplete and that the following items are required: Copy of PLT Conservation Easement not attached in Town referral as indicated. In Copy of FEIS finding statement not attached in Town referral as indicated. Sincerely, Thomas Isles, _AJCP n Ire to' 0 4dreoiv P Freleig,AIOC Principal Planner ,kPF:ec. U. 2C *NOTE: Please consult-the S�ffolk_'Coun' Planning Commis-siot'iSubdi�,i�loii�Guid6b'obk-f&f- �ornplcte ty re.ferral—requirements. This Guidebook can also be found on the Internet a xN,��,�x,.Co.Suffolk.NY.US../PlarLnin.ai'GUII)BK98.html. LOCA70N MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P. 0 BOX 5 100 IS 16) B-3-5190 1 00 VEPERANE MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 768-OC99 TELECOPER IS 1 6) 8�3-4044 4, 2LI 313639c_G PAVE 01i62 e .r7q� ,.eM1A �I j' CHARLES R. CURDY Attorney at Law ` J 445 Grilring Avenue 1 Riverhead,New York 11901 j So��:�c;dB,�•i S ^Iznnins JI Tel No,: (631.)369-823J Fax a.: (531)369-9080 TQ: Mark Terry Fa-_# 765-3136 TELTCOPTER COVER SHEET Teal Dumber of pages 7 including cover sheet. I`transmission :s faulty or incomplete, please inform is as soon as possible- Operator: Iwara Date: April 14,2004 Comments; Re: Cove Beach Estates I recvvec the Inrermational Details and `dilater Supply Narrative Request [arm and I attached that £Jrm with t: a responses and ask if'this is satisfactory form se I can have it signed and submit it. Charles R. Cuddy T/d v fax 1rammission ra p!Aicr with miateiials JoRawing are intended far ilea, cffjm orpersons Rmned hereon and are crm4dared confidential rnfarnearlar. of you have rceeroed rldc transtmssror in error,you are direeted to rotas[base materials by regular prod i+ the verde, u,:ncc above address. Pastape incurred far f.4e return wijT Ag pmw f.y'L"s faun. I' I 1 04%14l2r J" 15:5? 6S'3F390:a PAGE 02/02 id ,B D.INFORMATIONAL DETAILS AND WATER SUPPLY NARRATIVE REQUEST Attach any additional information as may be needed to claj*your project. If there are or may be any adverse impacts assoe ated witb your proposal, please discuss such impacts and the measures which you � propose to mitigate or avoid them. !. Provide cxplat tion of existing site use, occupancy-. strucrures�sanitary flow,water use; compare to proposed use,occupancy, structures, sanitary flow,water rise. Vacant fared Indicate the 5ousec of water supply, nearest public water main,nearest pudic wC11 field, and + =j sclaccntprivArewelts (if krawn). Private wells i .+, 3 If publie water supply is proposed, indicate the ability of the water utility to provide water supply to the prgyect. Provide letter of water availability or detailed expianation of status of review by water utility. ! Pr ivate wells I: it it 4, if privat;water supply is sroposcd, indicate the well specifications,water quality based on w-sitc w'atcr , quality daze. Provide 5urrolk County Qcpa!*.mcnt of Health Services approve!or derailed Gcplanaaen of status of rcvim, by aa^cnCy. " The Suffolk County Department.)f Health Semites approval received; endorsed final map submitted to the Planning Board. i. ladicate proposed water conservation measures that will mitigate for unavoidable adverse impacts(If any). Conswvation mcasurns should ine!udc,bus not be limited:o; a. The u„c ol`droo¢ht tolerant plants fcr landscaping. b. The pmsenation o€existing native vegetative buffers. e. The conservation of existing open space areas. Through the Peconic Land Trust and as shown on the final map and drainage plan. (sec final map and drainage plan) d. The implementation of"natural”stcrmwater management practices{g.ass sw•alcs, Filter strip;, creased wetlands,ote...), (See Tinal map and drainage plan) E. VERIFfCATTON certiA that tltc infonnat:on provided above is true to the best of my knowledge. A- lioant/Sponsor Name Date Signature Titic Tf the action is in the Coastal Arca: and you are a state agency, complete the Cea_etal .kssessmen:Foran bc£3rz proceeding with this assesar ant. If FROM "`1 FAX No. �1. 23 2003 e3:09PM P1 V5 TO: MRS. WOODHOUSE p C FROM: WASNE ROCK D DATE: 4/13/2004 APR ] a 2004 RE: COVE BEACH ESTATES E i $RuJ'wid TovYq Pl2nni g Ecard The following pages are rough diagrams that should be considered when entering Cove Beach Estates. Cove Beach Estates can transplant cedar and privacy trees at the front entrance so East Marion remains a beautiful j community. Cove Beach Estates should transplant the trees. ASAP before the warm weather arrives. Cove Beach Estates saved hundreds of cedar trees for this purpose. The State owns the sidewalk and Cove Beach Estates should repair the damage immediately. Remove unnecessary tools from the sidewalk so we have a safe community. Thank You Wayne Rock 477-0089 cc: Valerie Scopaz Mark Terry Denise Markut -POM FF; NO. l: 23.2D03 03['09PM P2 .A � R 00 CPO ofto 00 w y Q6Q 1501, ai, r sae rS �-''� a °l_S� 1W�„3.J �.+ f i�-♦k���,A! i ..y.'S ��� h,l '� htF � i f, _= 1� �r Z �� �• A 1 �_f t�F•9 +I'�1 A 'ems-: ,' � y.� '♦ ����� � ���� � :tit � ., �� p �k r -. F `rr j � .w �� i t5 W it +G h ]� wX*�V'Y ♦ 1• Y 1 ' � r ..�. I z1v�%oF- CHARLES R.CUDDY n ATTORNEY AT L XT 445 GRIFFING AVE NUE RIVERHEAD,NER YORK nlaihae address: TEL: (631)369 8200 P.O.Bos 1547 FAX: (60-1)369-9080 Riverhead,NY 11901 I _ F- nJ_c}Il)r cu.ld-r..rd ecru.`ret Apri19, 2004 APR 13 2604111 Mr, Mark Terry 1 Southold Town Planning Department - SOuthold Town Hall ac d rvr 53095 Route 25 P.D. Box 1173 Southold, NY 11971 Re: Cave Beach Estates, LLC -Major Subdivision SCTM4100.0-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Terry: In accordance with the Planning Board's resolution of March 9, 2004, we are enclosing a certified copy of the recorded Amendment of Conservation Easement. Please make this part of your file. Very truly yours, Charles R. Cuddy CRC:ik Enclosures l I 1 1111111 IIIIIIIII IIIII IIlllllllllllll IIIII IIIA IIII IIII 1111111 IIIII IIIII IIII f III SUFFOLK COUNTY CLERK RECORDS OFFICE j _ RECORDING PAGE .1 u Type of Instrument: EASEMENT/DOP Recorded: 04/09/2004 a Number of Pages : 12 At: 11:47 :29 AM Receipt Number : 04-0040.927 TRANSFER TAX NUMBER: 03-37793 LIBER: D00012312 PAGE: 663 District: Section: Block: Lot: 1000 022 . 00 03 .00 009 . 001 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $36 . 00 NO Handling $5 . 00 NO COE $5. 00 NO NYS SRCHG $15 . 00 NO TP-584 $5 . 00 NO Notation $1. 50 NO Cert.Copies $7 . 80 NO RPT $70 . 00 NO SCTM $0. 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $145 .30 TRANSFER TAX NUMBER: 03-37793 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County I ` l ` . Number of pages TORRETNS erio Prior r f-# - ,: ,'.''''- - I .•,i .. -, . : U:,,.I '. _ I_•..`ii .,Rai :,I ' i ' ii • '• „�,. / dtngV e bfartgage Amt. Page r - - HarxdIin I Basic Tait 53a 2.Additional Tax 1 I� - Notati'on $' LO V + j� Sub Total EP.52 171' untyY. i Sub Total t _ SpecaAssit: Or E.4-5217(State) Spec. /Add. R.P.T.S.A. i .4-•� 2o o ��s��'027 TOT.b[TG. TAX Ed: r Dual Tbscn Dual County Comm.of cd: 5 00 Held for Apportionment Affidavit Transfer Tax Mansion Tax The property cocered.b} this mortgage is or Reg-Copy will be improved by a one of two family Sub Total t 1 dwelling only. Other G 30 YES or NO - - -J - if NO, see appropriate fax clause on page 9 GRAND TOTAL ^-1 of this insiruatent. S PROu Real Proper-;,Tax Service Agency Verification 6 Corrntt.unitTr Preservation Fund erre Dist. Section B lock _ Lot Cortrsideration Amount S - _ 1X.eosL s-ta Sta„ 1000 022,00 p3.00 6�9`1 CPIATaxDue S t177- Date3llg j ,I C'o G ®--2-2,00 -03--.00 0 i5--t`o l Improved lnitialsbOV IC00 022,(70 .03.00 Vacant Land is 73 :Satisfactions/Discharges/Releases List Property Owners Mailing Address TD / (J RECORD&RETURIN TO: TD. Charles R. Cuddy, Esq. TD 445 Griff-ing' Ave. P.O. Box 1547 Riverhead, NY 11901 s 'Titre Company fnfbrmafion Co. Name Title # 9 Suffolk County Recording & Endorsement Paye This page forms part of the attached. Amendment of Conservation Easement made bv: (SPECIFY T RE Or 1NSTRUMEN1.) Cove Beach Estates .. LLC - The prenises herein is situated in SUFFOLK COLNTT” NENN YORK. TO In the To',Nm ip of Southold Peconic Laid Trust, .Inc. In theiRLLAGE or,1-U&ILET of €as=klacina BOXLS 5 TFRU 9 MUST BE T-IT ED OR PREF T ED IN BLACK INK ONLY PRIOR TO RECORUING OR FILFNTG-- "•t""': ' Ab1ENDMENT OF CONSERVATION EASEMENT fri 1 ' THIS DEED OF CONSERVATION EASEMENT, is made on the 13 tL day of 700 at Southampton,, New York- The parties are Raoul J. Witteveen, on behalf of Cove Beach Esta[ ,LLC with an address at 368 Daniels Lane, Sagaponack,NY 11962 (herein called "Grantor"), and the PECONIC LAND TRUST, INCORPORATED,a not-fox-profit New York Corporation, having a principal office at 296 Hampton Road, P.O. Box 1776, Southampton,New York 11969 (herein call"Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of 98.38-acres of certain real property located in the Town of Southold, Suffolk County, New York, more frilly described in SCHEDULE A attached hereto, made a part hereof,and hereinafter referred to as the "Property"; and Whereas. Grantor has previously granted to Grantee a Conservation Easement dated 12/29/95. recorded in the Suffolk County Clerk's Office on 12/29/95 in L. 11756 cp. 282. Said Easement reduced the density of the subject Property from 34 to 26 units and is knorNn as the 1995 Easement and Whereas, Grantor has previously granted to Grantee an Amendment of Conservation Easement dated 12/18/96.recorded in the Suffolk County Clerk's Office on 12/31/96 in L. 11808 cp 661. Said Amendment of Easement reduced the density of the subject Property from 26 to 17 units. and is known as the 1996 Amendment; and Whereas, Grantor has previously granted to Grantee a Conservation Easement dated 12/29/97, recorded in the Suffolk County Clerk's Office on 12/29/97and recorded in L. 11869 cp 975. Said Easement reduced the density of the subject Property from 17 to 10 units, and is known as the 1997 Easement; and Whereas. Grantor has progressively reduced the density of the Property from thirty four(34) to not more than ten(10) units; and Whereas. Grantor is the owner of a 5.5-acre parcel of Property contiguous to the westerly side of the subject Property, identified as SCTM#1000-22-3-9.1, and is further described in SCHEDULE B. attached hereto, and is shown on EXHIBIT A, attached hereto; and Whereas, Grantor wishes to amend the aforementioned Conservation Easements to incorporated said 5.5-acre parcel into the Open Area of the aforementioned Conservation Easements to reduce the density from two (2)residential units to none, to preserve the property in perpetuity: and Whereas, in exchange for grant of easement over said 55-acre parcel, Grantor wishes Grantee to release a 3.3-acre portion of property from the existing Open Area so that the 3.3-acre parcel may be placed within the Development Area of the aforementioned Conservation Easements so that it may be developed with no more than 2 units. Said 33-acre portion of property is identified as part of SCThI# 1000-22-3-18.8,and is further described in SCHEDULE C, attached hereto, and is shown on EXHIBIT A, attached hereto; and Whereas, this exchange would place the 5.5-acre parcel into the Open Area in perpetuity, and remove the 3.3-acre parcel from the Open Area and place it in the Development Area. Said exchange would result in the net increase of 2.2-acres to the "Open Area"; and Whereas,the 5.5-acre parcel contains important wetlands, wildlife and habitat and could be improved with(2) two residential units and the 3.3-acre parcel contains old field, making the 5.5-acre I. parcel more desirable for conservation protection; and ll Whereas,both Grantor and Grantee have commissioned an appraisal that establishes that the hill monetary value of the 5.5-acre parcel exceeds that of the 3.3-acre parcel: and Whereas. Grantor and Grantee wish to amend the existing Conservation Easements as provided in the 1995 Easement, the 1996 Amendment, and the 1997 Easement, to further their conservation purposes by shifting 3.3-acres from the Open Area to the Development Area and adding 5.5-acres of environmentally sensitive habitat to the Open Area and thereby increasing the Open Area by 2.2-acres. tr� J NOW THEREFORE; 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in SCHEDULE A, SCHEDULE B. AND SCHEDULE C, except that the Property is subject to a mortgage held by the BANK OF AMERICA.N.A., dated November 1, 2000 and recorded on November 14, 2000 in the Suffolk County Clerk's office in Liber 19784 of mortgages, page 719. BANK OF AMERICA, N.A., the holder of the mortgage. has executed a subordination agreement recognizing the terms of this easerrient.and subordinating its mortgage.to the easement. Said subordination agreement is beingreeorded in the Suffolk County Clerk's office prior to the recording of this'easement 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a 501(c)(3) qualified not-for-profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, (hereinafter called "the Cotte"),and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural. scenic and open space values of Lural lands located in New York State. 0.03 Purpose Grantor and Grantee hereby amend the 1995 Easement, the 1996 Amendment, and the 1997 Easement to further the conservation purposes of the documents by protecting a 5.5-parcel of environmentally sensitive habitat. and adding a total of 2.2-acres to the overall"Open area" of the protected Property. AlJ other terms and provisions of the 1995 Easement,the 1996 amendment, and the 1997 Easement remain in full force and effect. 0.04 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the term of this Amendment and the previous Easements and Amendment, 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, as determined by the Board of Directors at a duly continued meeting of that Board on august 13, 2001. 0.05 Documentation Both Grantor and Grantee acknowledge that the condition of the Property has not changed since the granting of the 1997 Easement. The baseline documentation has been updated accordingly, so that any and all documentation given pursuant thereto is still relevant and applicable to this amendment. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings and forbearances contained in this Easement, the parties agree upon its provisions. intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This Deed conveys an amendment to the 1995 Easement, the 1996 Amendment, and the 1997 Easement as provided in Section 7.02 of the 1997 Easement. All the terms of the prior easements except those specifically amended herein, shall retrain in full force and effect. Reference to the 1995 Easement, the 1996 Amendment, the 1997 Easement, and their provisions in this Deed shall include any and all of those covenants,restrictions, rights, terms, and conditions and are incorporated herein. 1.02 Duration This Amendment shall be a burden upon and run with the Property in perpetuity. OWN 1.03 Effect The covenants,terms, conditions,restrictions, and purposes of this amendment shall run with the property as an incorporeal interest in the property, and shall bind the successors and assigns of each of the parties respectively. This amendment shall extend to and be binding upon Grantor. Grantor's agents, tenants,heirs,personal representatives, successors and assigns. Any rights,obligations, and interest herein granted to Grantee shall.also be deemed granted to each of its agents, successors„and assigns and each such following successor and assign, and the work"Grantee when used herein shall include all of those persons and entities. ARTICLE TWO GIFT GRANTOR, as an absolute gift,hereby grants, releases and conveys to Grantee, this Amendment of Conservation 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 THE AMENDMENT 3.01 Amendment A. The 5.5-acre parcel of property described in Schedule B is hereby incorporated into the Open Area of the 1995 Easement, the 1996 Amendment, and the 1997 Easementand is subject to all the terms and conditions thereof. B. The 33-acre parcel of property described in Schedule C is hereby incorporated into the Development Area of the 1995 Easement, the 1996 Amendment, and the 1997 Easement and is subject to all the terms and conditions thereof. i C. The 1995 Easement, the 1996 Amendment, and the 1997 Easement are hereby amended to provide that Grantor shall have the right to construct no more than twelve (12) single-family residences with appurtenant structures and improvements reasonably necessary to serve such residences including. without limitation, driveways, garages. storage sheds, septic systems. and leaching pools. swimming pools,pool houses, tennis courts, or other family-scale athletic facilities. D. All other terms and conditions of the 1995Easemeat, the 1996 Amendment, the 1997 Easement shall remain in full force and effect. ARTICLE FOUR Miscellaneous 4.01 Warranties The warranties and representations made by the parties in this Amendment to the 1995 Easement, the 1996 Amendment, and the 1997 Easement shall survive its execution. 4.02 Recordine Grantee shall record this Amendment of Conservation Easement in the land records of the office of the Clerk of the County of Suffolk. State of New York, 4.03 Headines The headings, titles, and subtitles herein have been inserted solely for convenient reference, and shall be ignored in it construction. 3 s 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. I J� ACKNOWLEDGED AND ACCEPTED: } COVE BEACH LLC BY: � Vitteveen(Grantor) f 1 a sf ! ACKNOWLEDGED AND ACCEPTED: ! PECONIC LAND TRUST.INCORPORATED (Grantee) BY: IAIv. (� J v.H. Halsey resident STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this / day of/i1,;re.I7in the year 2004 before me, the undersigned, personally appeared Raoul X Witteveen, personally 1:nowu to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (ate) subscribed to the within instrument and aclmowled.ged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s)acted, executed the instrument. — zlgza4 �' Notary Public CHARLES R:CUDDY. Notary Public,State of New York No.5872225 Qualified in Suffolk County Commission Expires December 31,2sC STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: STATE OF NEW YORK SS: COUNTY OF SUFFOLK i, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERT THAT I HAVE COMPARE THE ANNEXED COPY O DEED LIBER a AT - . .-- (_ RECORDED G" O AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL EAStMItNT AND OF THE WHOLE THEREOF. N TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID _OUNTYAND COURT THIS DAY OF CLERK 12-0166..4,96cb SCHEDULE Ai Metes and Bounds Description of the property SCHEDULE B: Metes and Bounds Description of the 5.5-acre parcel(Open Area) j SCHEDULE C: Metes and Bounds Description of the 3.0-acre parcel also known.as Lots 11 & 12 (Development Area) s 1 3 r i 5 SCHEDULE "A" . Cove Beach Estates at East Marion, Town of Southold, New York i &G.T.M. No.: 1000-22-3-15.1 & 1000-22-3-18.3 Surveyor's Description - Entire Parcel ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected,.situate, lying and being at East Marion,Town of Southold,County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Road at the southeasterly corner of land now or formerly Frank R. Russel and Others, said point being situate 1776 feet easterly as measured along the northerly side of Main Road from the intersection of the northerly side of Main Road and the easterly side of Stars Road: RUNNING thence from said point of beginning along land now or formerly Frank R.,Russel and Others the following four (4) courses and distances: 1. North 23 deg. 22 min. 16 sec. West 211.37 feet, 2. South 60 deg. 31 min. 44 sec. West 27.55 feet, 3. North 25 deg. 15 min. 16 sec. West 402.42 feet, 4. South 72 deg. 32 min. 04 sec. West 52.24 feet to land now or formerly Ronald Edeen, Jr. and.Barbara Edeen; RUNNING thence along land now or formerly Ronald Edeen, Jr. and Barbara Edeen the following two (2) courses and distances: 1, South 77 deg. 58 min. 14 sec. West 155.85 feet, 2. South 74 deg. 31 min. 54 sec. West 59.26 feet to land now or formerly Frank E. Begora, Jr. and Iris R. Begora; RUNNING thence along land now or formerly Frank E. Begora, Jr. and Iris R. Begora the following two (2) courses and distances: 1. South 78 deg. 29 min. 54 sec. West 295.42 feet, 2. South 27 deg" 26 min. 06 sec. East 11.58 feet to land now or formerly Myron B. Brown; RUNNING thence South 76 deg. 28 min. 04 sec. West along land now or formerly Myron B. Brown 180.74 feet to land now or formerly John Psaroudakis and Luz Psaroudakis; RUNNING thence North 24 deg. 08 min. 36 sec. West along land now or formerly John Psaroudakis and Luz Psaroudakis and along land now or formerly Dorothy E. Cook 932.76 feet to a point; RUNNING thence South 65 deg. 51 min. 24 sec_ West still along land now or formerly Dorothy E. Cook 137.75 feet to the easterly side of a certain 16 foot wide right-of-way through land now or formerly Dorothy E. Cook; RUNNING thence along the easterly side of said right-of-way the following two (2) courses and distances: 1. North 24 deg. 41 min. 56 sec_ West 529.80 feet, Page 1 2. North 23 deg. 47 min. 16 sec. West 269.74 feet to a point; RUNNING thence still along land now or formerly Dorothy E. Cook the following three (3) courses and distances: 1. North 65 deg. 51 min. 34 sec. East 141.21 feet, 2. North 24 deg. 08 min. 36 sec. West 206.00 feet, 3. North 25 deg. 26 min. 56 sec. West 311.78 feet to land now or formerly Otto Uhl, Jr. et al.; RUNNING thence along land now or formerly'Otto Uhl, Jr. at al. North 61 deg. 16 min. 04`sec. Easy 1'56.76 feet to land now or formerly Constance J. Terry; RUNNING thence along land now or formerly Constance J. Terry the following ten (10) courses and distances: 1. South 25 deg. 31 min- 36 sec. East 836.45 feet, 2. North 65 deg. 47 min. 54.sec. East 288.00 feet, 3. North 24 deg. 12 min. 06 sec. West. 176.10 feet, 4. North 24 deg. 38 min. 46 sec. West 113.47 feet, 5. North 23 deg. 32 min. 36 sec. West 110-05 feet, 6. North 25 deg. 39 min. 46 sec. West 101.00 feet, 7. North 23 Deg. 04 min. 56 sec. West 88.65 feet, B. North 26 deg. 21 min. 26 sec. West 100.90 feet, 9. North 28dig. 48 min. 16 sec. West 101.34 feet, 10. North 33 g. 26 min. 56 sec. West 68.56 feet to land now or formerly Otto Uhl, Jr: et al.; RUNNING thence along land now or formerly Otto Uhl, Jr. et al, the following four (4) courses andidistances: 1. North 61 deg. 22 min. 14 sec. East 97.62 feet, 2. North 24 deg. 21 min. 26 sec. West 833.61 feet, 3. North 45 deg. 03 min. 26 sec_ West 67.42 feet, 4. North 02 deg. 48 min. 04 sec. East 527.67 feet to the approximate highwater mark of Long Island Sound; RUNNING thence along the approximate highwater mark of Long Island Sound the following fifteen (15) tie line courses and distances: 1. South 83 deg. 14 min. 46 sec. East 28.26 feet, 2. South 62 deg. 51 min. 09 sec. East 201.85 feet, 3. South 13 deg. 33 min. 58 sec. East 39.20 feet, 4. South 41 deg. 24 min. 15 sec. East. 85.68 feet, 5. South 35 deg. 17 min_ 27 sec. East 447.02 feet, 6. South 54 deg_ 42 min. 50 sec. East 142.20 feet, 7. South 61 deg. 51 min. 04 sec. East 142.78 feet, 8. South 67 deg. 52 min. 44 sec. East 167.49 feet, 9. South T3 deg. 20 min. 32 sec. East 501.35 feet, 10. South 70 deg. 23 min. 39 sec. East 215.43 feet, 11. South 73 deg. 28 min. 00 sec. East 227.73 feet, 12. South 71 deg. Q6 min. 21 sec. East 210.19 feet, 13. South 82 deg_ 49 min. 39 sec. East 69.50 feet, 14. South 76 deg. 56 min. 14 sec. East 108.12 feet, 15. South 81 deg. 51 min. 42 sec. East 321.20 feet to land now or formerly Robert W. Gillespie, Jr_ and David Gillespie; RUNNING thence along land now or formerly Robert W. Gillespie, Jr. and 'David Gillespie South 06 deg. 24 min. 34 sec. West 198.78 feet to the approximate Page 2 T � highwater mark of Dam Pond; RUNNING thence along the approximate highwater mark of Dam Pond the following thirty-three (33) tie line courses and distances: { 1. South 89 deg. 19 min. 53 sec, West 73.94 feet, ' 2. North 75 deg_ 37 min. 52 sec. West 48.78 feet, 3. North 87 deg. 59 min. 45 sec. West 58.54 feet, 4. North 89 deg, 33 min. 38 sec. West 37.38 feet, 5_ North 63 deg. 46 min. 47 sec. West 46.02 feet, 1 6. North 85 deg. 42 min. 49 sec. West 63.84 feet, 7. Forth 66 deg, 04 min. 49`sec. West 2,8.08 feet, 8. SDuth 33 deg. 57 rain. 52 sec. East. 180-87 feet, 9 South 18 deg. 42 min. 02,sec. East 110.06 feiat, 1O. Nort[ ,89 deg. 10 min. 25-sec. East 85._79:feet, 11. South,38 deg. 23 min. 13 sec. East 81.33.feet, 12. South' 24 deg. 1.6 min. 05 sec. East 73.11 fleet, 13. South 51 deg. 10 min. 48 sec. West 49.25 feet, 14. South 32 deg. 39 min_ 33 sec. East 56.55 feet, 15. South.26 deg. 04 min. 43 sec. West 53.12 feet, i 16. South 82 deg. 54 min. 21; sec. We.# 46.53 feet, 17. North 77 deg. 57min. 30 sec. West 146.19 feet, 18. South 63 deg. 05 min. 10 sec. West 64.68 feet, 19. South 04 deg. 56 min. 12 sec. West 73:36 feet, 20. South 2.3 deg. 18 min. 55 sec. East 5$195feet, 21. South 55,deg. 4.8 min. 53 sec. E=ast 32,68 feet, 22. North 86 deg. 48 min. 55 sec. East 82,98 feet, 23. South 75 deg. 54 min. 56 sec. East 68;05 feet, 24. North 55 deg. 39 min. 06 sec. East 61'.71 fee , 2 . North 14 deg. 48 min. 34 sec. East 92.74 feat, 2 . North 53,deg. 31 min. 16 sec. East 24.33 feat, 27, South 07 deg. 39 min. 07 sec. Ebst 31.57 feet, 28. South 11 'deg. 06 min. 27 sec. 1IVF,e.st 49.53 feet, 29. South 19 deg. 55 min. 03 sec. East 106:82 feet, 30. South 56 deg. 03 min. 02 sec. West 48.86 feet, 31. South 77 deg. 01 min. 56 sec. Wiest 61.30 feet, 32. South 79 deg. 24 min. 50 sec. West 79.63 feet; 33. South 16 deg. 48 min. 29 sec. West 20.:47 feet to land now or formerly it Joseph Frederick Gazza; RUNNING thence along land now or formerly Joseph Frederick Gazza , along land now or formerly Bernice Lettieri, along other lands now or formerly Joseph Frederick Gazza, and along land now or formerly Andrew Lettieri the following thirteen (13) courses and distances: j 1. North 87 deg. 08 min. 46 sec. West 103.77 feet, 2. North 00 deg. 35 min. 14 sec. East 9.00 feet, 3. North 89 deg. 05 min. 36 sec. West 450.01 feet, 4. South 89 deg. 43 min. 34 sec. West 520.88 feet, 5. South 25deg. 30 min. 06 sec. East 608.15 feet, 6. North 81 deg. 12 min_ 16 sec. West 312.90 feet, 7. South 32 deg. 12 min. 06 sec. East 144.10 feet, S. South 27 deg. 10 min. 36 sec. East 71.14 feet, 9. South 27 deg. 49 min. 46 sec. East 111.96 feet, 10. South 25 deg. 15 min. 36 sec. East 598.78 feet, 11. South 26 deg. 45 min. 36 sec. East 387.32 feet, 12. North 63 deg. 01 min. 44 sec. East 23.10 feet, 13. South 25 deg. 30 min. 16 sec. East 242.90 feet to the northerly side of Main Road; Page 3 Ii r RUNNING thence along the northerly side of Main Road South 83 deg. 03 min. 14 sec. West 86.62 feet to the point or place of BEGINNING. CONTAINING an area of 98.3783 Acres. SUBJECT to all rights of way, easements and or covenants of record, if any. Page 4 �r S C H E L U L E "B" BEGINNING at the southwest corner of the premises herein to be described, distant the following three (3) courses and distances from the northerly side of Main Road (N.Y-S. Route 25) ; (1 ) North 09 degrees 27 minutes 00 seconds West, 124.20 feet; (2 ) North 10 degrees 01 minutes 00 seconds West, 263.40 feet to a monument; (3) North 11 degrees 50 minutes 20 seconds West, 262.00 feet; RUNNING THENCE North 11 degrees 50 minutes 20 seconds West, 974. 50 feet to a`mdnuTnent; THENCE North 11 degrees 46 minutes 10- seconds West, 196. 87 feet; THENCE South 57 degrees 05 minutes 50 seconds West, 79 .47 feet; THENCE North 12 degrees 22 minutes 40 seconds West, 21 .36 feet; THENCE North 57 degrees 05 minutes 50 seconds East, 79 .80 feet; THENCE North 11 degrees 06 minutes 20 seconds West, 89.15 feet; THENCE North 10 degrees 37 minutes 30 seconds West, 225.46 feet; THENCE North 11 degrees 56 minutes 30 seconds West, 126. 14 feet; THENCE North 10 degrees 39 minutes 10 seconds West, 151. 92 feet; THENCE North 11 degrees 15 minutes 10 seconds West, 99.97 feet; THENCE North 13 degrees 27 minutes 40 seconds West, 174. 98 feet; THENCE North 75 degrees 06 minutes 20 seconds East, 149.17 feet- to a monument; THENCE North 74 degrees 11 minutes 10 seconds East, 10.79 feet; THENCE South 12 degrees 31 minutes 50 seconds East, 311 . 78 feet; THENCE South 11 degrees 13 minutes 30 seconds East, 206 .00 feet to a stake; THENCE South 78 degrees 46 minutes 40 seconds West, 141 .21 feet to a stake; THENCE South 10 degrees 52 minutes 10 seconds East, 269 .74 feet; THENCE South 11 degrees 46 minutes 50 seconds East, 529. 80 feet to a stake; THENCE North 78 degrees 46 minutes 30 seconds East, 137.75 feet; THENCE South 11 degrees 13 minutes 30 seconds East, 751.83 feet; THENCE South 78 degrees 09 minutes 20 seconds West, 149. 94 feet to the point or place of BEGINNING. SCHEDULE C Lot 11 &12 All that certain plot,piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, State of New York, more particularly bounded and described as follows: BEGINNING at a point on the northerly side of the Main Road(NYS Route 25) where the same is intersected by the za;[erly lint of land now or formerly Frank Jt. Russel and others and from said point running northern along'the easterl3 I ine of Frank R,Russel-and offers Elie followrng'tlrree courszs and i distances: i 1. North 23 degrees 22 minutes 16 seconds West, a distance of 211.37 feet to a point; 2. South 60•,degrees,31 minutes 44 seconds West, a distance of 27.55_feet to a point; 3'. Notlt 25 degrees 15 minutes' 16 seconds West, a distance of 402.42 feet to the true point or place of BEGINNING, ' RUNNING THENCE front said true point or place of beginning along the northerly line of land now or t• formerly Frafrk,k Russsel and others, South 72 degrees 32 minutes 04 seconds West, a distance of i 52.24-11eet;to land now or formerly Ronald Jr. and Barbara Edeen r RUNNING THENCE along land now or formerly Ronald Jr. &Barbara Edeen South 77 degrees 58 minutes 14 seconds West, a distance of 155.85 feet to a point; RUNNING THENCE still along land now or fonnerly Ronald Jr. &Barbara Edeen South 74 degrees 1 31 rrdnutes 54 seconds,West, a distance of 59.26 feet to land now or formerly Frank E. Jr. &Iris R. Begora; RUNNING THENCE along land now or formerly Frank E. Jr. and Iris R. Begora South 78 degrees 29 minutes 54 seconds West, a distance of 216.78 feet to a point; RUNNING THENCE northerly through land of Cove Beach Estates, LLC North 25 degrees 28 minutes 42 seconds West, a distance of 277.99 feet to a point; RUNNING THENCE easterly through land of Cove Beach Estates, LLC North 64 degrees 31 minutes 18 seconds East;a distance of 40835 feet to a point, RUNNING THENCE southerly through land of Cove.Beach Estates, LLC the following four(4) courses and distances- 1. South 25 degrees 28 minutes 42 seconds East 43.58 feet; 2. On the arc of a curve to the left having a radius of 375.00 feet for a distance of 122.97 feet; 3. South 44 degrees 15 minutes 59 seconds East 46.38 feet, 4. On the arc of a curve to the right having a radius of 539.63 feet for a distance of 179.06 feet to the point or place of BEGINNING. �. UBS NUBS ew AG New York Branch 299 Park Avenue New York,New York 10171 Tel.212-916-2000 Date: APRIL 2 , 2004 SWIFT Address : UBSWUS33 SOUTHOLD PLANNING BOARD TOWN OF SOUTHOLD MAIN ROAD SOUTHOLD, N.Y. 11971 IRREVOCABLE STANDBY LETTER OF CREDIT NO: Y034116 On behalf of Cove Beach Estates, LLC, NYS Route 25, East Marion, New York, we hereby issue in your favor our Irrevocable Letter of Credit No. Y034116 up *:o an aggregate amount of USD 606, 966 .50 (t'S Dollars Six Hundred and Six Thousand Nine Hundred and Sixty Six and 5V,5 effective immediately and expiring at our office locatedlat 677 Washington B�.)iilevard, Stamford, CT 06901 on April 3, 2006 . Funds under this Letter of Credit are available by your sight draft (s) drawn on us, indicating our Credit No. Y034116 accompanied by: "Beneficiary's signed statement certifying that Cove Beach Estates, LLC has failed to complete certain site improvements for the final plan of " Cove Beach Estates Subdivision,", as called out by resolution of the Southold Planning Board in the amount of $ It is a condition of this Letter of Credit that it shall be deemed automatically extended without amendment for one additional year from the present, unless forty-five (45) days prior to any such date, we shall notify you in writing by certified -mail or_ courier mail at the above listed address that we elect not to consider this Letter of Credit extended for any such additional period. In such an event, the Letter of Credit may be drawn on in the full amount. Draft (s) drawn to state: "Drawn under UBS AG Letter of Credit No . Y034116 dated April 2 , 2004. " We hereby engage with you to honor your draft (s) as specified above when accompanied by documents in conformity with the terms and conditions of this Letter of Credit when presented to: UBS AG, 677 Washington Boulevard, Stamford CT 06901, Attn: Letters of. Credit Dept. All correspondence regarding this Letter of Credit must also be sent to this office mentioning our LC No . Y034116 . Except as far as otherwise expressly stated herein, the Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber o 'Commerce Publication ` No . 500 . Very truly yours, UBS AG !I New York Branch o hn Garbarino F)ra ��• associate Directofr 'Martell Director Operations Operations J CHARLES R.CUDDY D E C E pW E ATTORNEY AT LAZY 415GRIFFINGAVENVE APR 2: 2DD4 RnrERHEAD,NER'YORK ��Ainy Address: - - ��. ) - P.O.Box 154PCar#EX9 3 ))I 69- Rivezhead,NY 11901 `E-ma" : cliaxles-cuddvCwexizon-net March 29, 2004 Mr. Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route 25 P.O-Box 1179 Southold, NY 11971 Re_ Cove Beach Estates, LLC -Major Subdivision SCTIVI#1000-22-3-9.1., IS.1, 18.7, 18.8 Dear Mr- Terry: Pursuant to your letter of March 26, 2004, enclosed is the Final Plat and Road and Drainage Plan each stamped with the DEC approval. Very truly yours, Charles R Cuddy CRC:ik Enclosures CHARLES R.CUDDY I1 E C E V E ATTORNEY AT L aRC U D 45GRIFFINGAVENUE PH _ 2 �OC¢ RIVERHEAD,NEW YORK i hlailina Addzees. SOuthGid '. 31�369- P.O.Box 15-17 P12201g �,+: 631 369- '0 Riverhead,NY 11901 E-mail: chasles.cuddy@venzon.uet April 1, 2004 i Mr. Mark Terry Southold Town Planning Department Southold Town Hall 1 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Cove Beach Estates, LLC -Major Subdivision SCTAT91000-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Terry: Enclosed is a Road Maintenance Agreement for Cove Beach Estates. The responsibility for the road maintenance is with the corporate type entity (Cove Beach Estates, LLC). By this agreement, the road maintenance will be under the control of the LLC, although, each of the lots may be taxed separately if the road is separately assessed. Since, the open space, which is 2/9 of the subdivision, is under the control of the Peconic Land Trust through the recorded Deeds of Easement and the road is separately provided for, there is no need for a Homeowners Association. As this is virtually the last subdivision requirement outstanding, I would appreciate your review of this Road Maintenance Agreement as soon as possible. V/eery truly yours, Charles R. Cuddy CRC:ik Enclosures C DECLARATION THIS"Declaration ("Declaration") is made this day of 2004, by Cove Beach Estates,LLC hereinafter referred to as "Declarant," and by Ocean Point Development Corp. as owner of the road which services the 5 lot subdivision adjoining the Cove Beach Estates land. WHEREAS,the Declarant is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State,of New York, known and designated on the Suffolk `County Tax Map as-Distiict 1000, Section 22; Block 3, and Lots 9.1 and 18.7, 18.8 and p/o 18.1 and Ocean Point.Development Corp_ is the owner in fee simple of real property situate in the Town of Southold,County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1..000 Section 22 Block 3 p/o Lot 18.I,and.with the 5 lots known and designated on the Suffolk County Tax Map as District 1000 Section 22 Block 3 Lots 3, 28,29, 30 and 31. f' WHEREAS, Declarant has made an application to subdivide the Cove Beach real :property into twelve (12) lots, as shown on the subdivision map of Cove Beach Estates, LLC prepared by Young& Young, and WHEREAS, Declarant desires to provide for maintenance and management of the roadway which provides ingress and egress to the 12 Cove Beach subdivision lots and willP rovide access to the adjoining 5 lot subdivision on the west, (together referred to as the "subdivision lots"); NOW, THEREFORE, for purposes of carrying out the intentions above expressed and in consideration of the foregoing recitals, the Declarant hereby covenants and agrees that the subdivision lots shall hereafter be subject to the covenants and restrictions as herein cited. All the provisions of this Declaration shall operate as covenants running with the land and shall be binding upon all purchasers and holders of the subdivision lots, their heirs, successors and assigns, to wit A.ROAD DESIGN AND CONSTRUCTION The Cove Beach subdivision roads shall be located as shown on the subdivision map and shall be paved to a width of 16 feet and run a distance of approximately 5,000 feet. Title to the roads known as Cove Beach Drive and Stoney Beach Road, shall remain with Cove Beach Estates, Page 1 of 6 LLC its successors or assigns with its use subject to this Declaration, and title to the road known as Stoney Beach Road Extension shall remain with Ocean Point Development Corp. its successors or assigns subject to this Declaration. Together Cove Beach Drive, Stoney Beach Road and Stoney ;Beach Road Extension shall herein be referred to as "the roads". B. 1VTAINTENANCE AND MANAGEMENT OF ROADS 1. The owners of each of the subdivision lots hereby covenant and agree that Cove Beach Estates, LLC (hereinafter referred to as Cove Beach Estates)through its agent with the agent being designated in writhig,by Cove Beach Estates, and with the initial agent being Enzo Morabito, shall manage, administer, maintain and operate the.subdivision roads in accordance v6th the provisions of this Declaration. Cove Beach Estates through its agent hereby agrees to provide year-round management of the road as a right-of-way in accordance with normal, customary and responsible management practices, which,practices include but are not limited to: a. The routine maintenance of the roads, including but not limited to, litter collection, snow removal and repair of the pavement as necessary to keep the road in good working order_ b- The use of agents, subcontractors or employees deemed by Cove Beach Estates to be reasonably necessary to carry out its responsibilities under this Declaration. 2. Cove Beach Estates agrees to maintain in effect at all times a policy of public liability insurance having a face amount of not less than $1,000,000. All costs for such insurance shall be considered as part of the Management Costs as stated in Paragraph C, below. 3. In addition to the insurance provided above, Cove Beach Estates shall be named an additional insured on individual homeowner policies for each of the lots, and each homeowner shall maintain liability insurance of not less than $1,000,000. C. MANAGEMENT COSTS I. Cove Beach Estates,through its agent, in its sole discretion, shall- a. Prepare an annual budget and except as to Lots 11 and 12 apportion to the subdivision lot owners an equal share of the costs of managing the road on a yearly basis (hereinafter referred to as "Maintenance Costs") including, but not limited to, the costs of administration, taxes, insurance, maintenance, repair, and a reserve fund fee. All maintenance costs shall be paid within thirty(30) days of the mailing of the "Maintenance Costs" statement. Owners of lots 1 I and 12 shall each pay 25% of a share as assessed to the fifteen (15) lots owners. Page 2 of 6 b. Maintain a"Reserve Fund" for extraordinary repair and replacement of the roads. Money for the Reserve Fund shall be held and accounted for separately from the general funds. The Annual Reserve Fund fee for each lot shall be computed by totaling the estimated payments from each of the Lot Owners necessary to reach the amount necessary to replace the road over a fifteen(15) year period. Likewise the owners of lots 11 and 12 shall each pay 25% of one (1) share. b. In the event that unforeseen extraordinary expenses arise and sufficient funds are not available in the above described Reserve Fund, Cove Beach Estates may recommend a special { <.assessment which.must be approved by a simple majority of,all`Lot Owners. All Lot Owners so assessed shall be;obligated to promptly pay the amount of the Special Assessment to Cove Beach Estates. D. TAX ASSESSMENT a. In the event the roads are assessed by the Town of Southold and real property taxes are required to be paid thereon it is understood and agreed that the real property tax for the roads will be apportioned among the lot owners and included in the tax bill for each lot. In addition Cove Beach Estates,LLC will request that the road tax be apportioned among the subdivision lots equally except to lots 11 and 12 which should be assessed only'/,(25%) each of the share of the tax attributed to the other(15) lots. E. PERN'IPTTED AND PROHIBITED USES 1. Declarant hereby declares that the roads shall be used by the Lot Owners, their guests and invitees subject to the following restrictions: i a. When installing, maintaining, or otherwise servicing utility and service lines, Lot Owners shall have their respective agents, employees, contractors and subcontractors, and other representatives (i) use reasonable care not to damage the road; (ii) minimize the disturbance of shrubbery or other vegetation along the road,- and (iii) upon completion of repair or maintenance, restore the road substantially to the same condition as existed at the time of commencement of the work. b. The road shall not be used for the dumping or abandoning of any solid waste or debris on or along its length. c. No construction or installation of any structures of any kind, permanent or otherwise(including, but not limited to, gates), may be made without prior written consent of Cove Beach Estates- Page 3 of 6 d. No construction or installation of any structures and/or landscaping which serve to impede sight lines along, entering upon, or existing from the road may be made. e. No alternation or modification of the road, once constructed, will be permitted without prior written consent of Cove Beach Estates. F.TERMS OF PAYMENT 1. All Maintenance Costs, Reserve Fund fees, and Special Assessments as detailed above shall be billed to the Lot Owners in their proportionate share and shall be required to be ! paid within thirty(30) days after the date of the"Maintenance Costs'statement is mailed by Cove j Beach Estates. 2. The Lot Owners shall comply with the terms of this Declaration. In the event that any Lot Owners fails to comply with the terms set forth herein within thirty(30) days after notice of violation is given by Cove Beach Estates, then Cove Beach Estates shall have the right and power to enforce by any action or proceeding at law or in equity, all the terms of this Declaration including but not limited to obtaining a judgment for the sum owing, including costs and reasonable attorneys'fee to collect the sum or sums owing. G. AMENDMENT This Declaration may be amended by Declarant, its successors or assigns only upon approval of the Planning Board of the Town of Southold and the office of the Attorney General of the State of New York. H. MISCELLANEOUS L If any section, subsection, paragraph, clause, phrase, or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 2. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein, and they are deemed to be incorporated herein arid made a part hereof as though fully set forth. 3. The within Declaration shall run with the land and shall be binding upon the Declarant, his heirs, successors and assigns, and upon all persons or entities claiming under them, Page 4 of 6 and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the premises. 4. All notices.required under this Declaration shall be mailed to the Lot Owners' addresses rather than to the property addresses unless other arrangements have been made by the Lot Owner_Notice shall be deemed effective when mailed_ 5. In the event that the Declarant is no longer in title to any portion of the subdivision, then the owner of Lot No. 1 on the subdivision map shall thereafter be responsible for retaining an „:,agent to manage,administer, maintain and operate the subdivision roads in accordance with the i .provisions of this Declaration. JIN WITNESS WHEREOF, the Declarant has executed this Declaration the day and year first above written. i' I f I Declarant: Cove Beach Estates. LLC By: Raoul J. Witteveen/President/Member STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) On the day of 2004, before me, the undersigned, personally appeared Raoul J_ Witteveen, personally known tome, or proved tome on the bis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 5 of 6 CHARLES R.CUDDY ATTORNEY AT LAT 445GRIFFING AVENUE RI\'FRHEkD,NEW YORK 1,1.l g A d=,s: TEL: (631)369-8200 i P.O.Boa 1547 FAX: (631)369-9080 Rivex6.d,NY 11901 1 -mail: cliaxles.cudde(dveiizon.nat April 1, 2004 ( Mr_Mark Terry ra � � � 2 Southold Town Planning Department C E Southold Town Hall 53095 Route 25 P.O. Box 1179 APR - 2 2004 1 Southold, NY 11971 Southold Town Res Cove Beach Estates, LLC -Major Subdivision Pl;;nir>9aa; SCTA4#1000-22-3-9.1., 18.1, 18.7, 18.8 l Dear Mr. Terry: We are enclosing the approval determination made by the Town Trustees together with a copy ofthe application to wluch it refers. Please make this part of the subdivision file. Very truly yours, Charles R. Cuddy CRC:iIc Enclosures gUFFO( kbert J"Krupski, President Off+-. ,f•.: -Town Hall `Z` O - James King,Vice-President � s� y� 53095 Route 25 Artie Foster - o P.O.Box 1179 y: Z Southold,New York 11971-0959 Ken Poliwoda Peggy A. Dickerson dy ® O�� - Telephone(631) 765-1892 �a Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD I I l Please be advised that your application dated 3 $j of has been reviewed by this Board at the regular meeting of Sia- f( and the foilowing action was taken: (__Application Approved (see below) t Application Denied (see below) O Application Tabled (see below) If your application is approved as noted above, a permit fee is now due. Make check or money order payable to the Southold Town Trustees. The fee is computed below according to the schedule of rates as set forth in the instruction sheet. The following fee must be paid within 90 days or re-application fees will be necessary. COMPUTATION OF PERMIT FEES: ot c n moi' 7 L.�� TOTAL FEES DUE: $__Q7_ '- Cc) , SIGNED: PRESIDENT, BOARD OF TRUSTEES Albeit J Yfrup'ski,Presidentc ? Town Hall James'King,Vice-President d l( 53095 Route 25 Artie Foster - � �GyP.O-Box,1179 Ken Poliwoda `,< Southold,New York 11971-0959 Peggy A.Dickerson y r Z Telephone(631) 765-1892 Fax(631) 765-1366 a BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE.REQUIR. .ED.TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES j. 72 HOURS PRIOR TO'GOMMENCEMENTOF T�iE WORK,.TO MAKE AN APPOINTMENT FOR A PRE=CONSTRUCT MINSPECTION. FAILURE TO DO SO . .;SHALL BE CONSIDERED A VIOLATION A DPOSSIBLE REVOCATION OF THE :PERMIT. QQ I INSPECTION SCHEDULE Pre-construction, hay bale line 1 st day of construction 'Y2 constructed . Project completes compliance inspection. Albert J.Krupski,President ��A 5, �� Town Tull James King,Vice-President .`a' 53095 Route 25 P.O.Box 1179 Artie Foster H Ken PoliwodaSouthold,NewYork 11971-0959 Peggy A.Dickerson _ � � ®.C� Telephone(631) 765-1892 - 1 Fax(831).765-1366 J BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ! Office Use Only ;i ;I n _Coastal Erosion Permit Application Wetland Permit Application Major _Minor - t _WaiverlAmendmendChanges _Received Application_ t _Received Fee:S 4 Completed Application___ _Incomplete _SEQR4 Classification: Type I Type If—Unlisted Coordination:(date.sent) _CAC Referral Sent-- -Date ent_Date of Inspection:_ _Receipt of CAC Report - --Lead Agency'Determination: _Technical Review: _Public Hearin held:- Resolution: - - Name of Applicant Cove Beach Estates, LLC Address P.O. Box 250 Cold Spring NY 10516 Phone Number:( ) (845) 265-7946 Suffolk County Tax Map Number: 1000 - 22-3-9.1. 18. 1 18.7 & 18.8 Property Location: North side of ?IYS Route 25 in East Marion, 1000' of east of Kayleigh's Court in East Marion (provide LILCO Pole#, distance to cross streets, and location) AGENT.- Charles P._ Cuddy, Esq. . (If applicable) Address: 445 Criffing Ave. , P.O. Box 1547 Riverhead, NY 11901 Phone_ (631) 369-8200 Board of Trustees Application GENERAL DATA Land Area(in square feet): 104.40 acres Area Zoning: R-80 7 Previous use of property: vacant land Intended use of property- 12 lot subdivision Prior permits/approvals for site improvements: Agency Date NYS Department of Environmental Conservation November, 2003 Suffolk County Department of Health Services December 31. 2003 x No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? x No Yes If yes, provide explanation: Project Description(use attachments if necessary): The applicant in conjunction with the Peconic Land Trust, has proposed a 12 lot subdivision on 104.40 acres in East Mkrion. The existing roadway at this site runs close to a small pond. The road improvement could impact the pond. Board of Trustee=s Pppl .c2iLon WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Pond#1 shown on the subdivision map may be impacted by repaving the existing road which provides i ingress and egress to the site. Area of-wetlands on lot: less than 400,0'Square feet 1 Percent coverage of lot.. 1110 o f 1 % Closest distance between nearest existing structure and upland edge of wetlands: 20 feet Closest distance between nearest proposed structure and upland edge of wetlands: 20± feet Does the project involve excavation or filling? X No Yes If yes, flow much material will be excavated? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A _ feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited:' N/A Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): With the mitigate measures there should be no adverse effect. 6tZ20 SELIR PROJE� ID NUM6ER APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM - for UNLISTED ACTIONS Only PART -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1.APPLICANT'SPONSOR 1 2.PROJECT NAME - CoveReach .Estates, LLC Major Subdivision - �- 3.PP•0JECT LOCATION: 1 - Municipality East Marion County Suffolk - 4.PRECISE LOCATION:.Street Addess and Road Intersections, Prominent landmarks etc -or provide mao North side of NYS Route 25 in East Marion, 1000` of east of Kayleigh's Court, East - _ Marion 'r 5.IS.PROPOSED ACTION: �' New _ - {�Expansion Modification V altaration (. LJ - 6.DESCRIBE PROJECT BRIEFLY: The exisitng roadway at this site runs close to a small pond. The road improvement could impact the pond. i t f F} t I i 7.AMOUNr OF LAND AFFECTED: Ini5ally 1•52: acres Ultimately - 1-5± acres 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? -�'❑Yes F-1 No It no,describe briefly: - 9 WHAT IS PRESENT LAND USE. IN VICINITY OF PROJECT? (Choose as many as apply-) - - �Residential F]Industrial 0 Cammercial ❑Agriculture F]Park/Forest/Open Space Other (describe) i 10. DOES ACTION- INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, Stateor Local) - --FYes F-1NoIf yes, list agency name and permit / approval: Southold PLanning Board — subdivision approval - 11DOESANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? - - Yes No If yes, list agency name and permit V approval: Suffolk County Department of Health Services—. subdivision approval DIYS Department of Environmental Conservation—subdivision approval 122t,AS A. RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL.REQUIRE NTODIFICATION? D'es ❑' No _ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY IUIOWLEDGd ?,ppricant V Sponsor Name Cove Beach Estates, LLC by; Charles R. Cuddy, Agenlb.,, 3/3/04 Signature_ ��_ .c _ = _ >'• If the actiohis a Costal Area,and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART 11 - IMPACT ASSESSMENT(To be completed by Lead Agency) A. DOES.ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRPy PART 617.4? If yes,coordinate the review process and uselthe RILL E4F_ t �'fe_ El No. -B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR LNLISTED ACTIONS IN 6 NYCRR,PART 5176? If Ne,p negaflve declarationmray be,superseded by another involved agency. -• _Yes .0 No -'C. COULD ACTION FESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may he handwritten,if legible) C7:Existing air quality,surface or groundwaterquality or quantfty,noise levels,existing trafrtc pattern,solid waste production or disposal, potential foremsion,drainage orflooding problems?. Explain brieffy: _ C2 Aeslhetic,agricultural,archaeological,hirtoric;,or other natural or cultural resources or community or neighborhood character?[Explain briefly:� C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly- 14 fr C4 A cornmuni}'E existing plans or goals as officially adopted ora change in use or intensny oruse'of land or other natural ressources. Explain briefly,.— 05. rieflyC5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: _ C6. Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly: C7- Other impacts(including changes in use of either quantity or type of energy? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? If s,e Iain briefly: efl - D Yes El No _ _ E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain Yes �Na PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) - INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant- Each effect should be assessed in connection with its(a)setting(i.a.urban or rural);(b)probabilibj or occurring;(c)duration: (d)irreversibility;(a)_ geographic scope;and (f)magnitude_ If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes,the determination of significance must evaluate the potentiaf impact of the proposed action on the environmental characteristics of the CEA. Checkthisbox if you have identified one ormore potentially large or significant adverse impacts which MAY occur.Then proceed d�re fy to the FUL E,F and,ror prepare a positive declaration- Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed actio WILL NOT result in any significent adverse environmental impacts AND provide, on attachments as necessary,;the reason's supporting thi r determination. - - Name of Lead Agency Date Print or Type Name of Responsi leificer in Lead,agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparar(If different from responsible officer r Board of Trustees Application County of Suffolk- State uffolkState of New York { { Estates, LLC Charles R. Cuddy, Esq. , Agent for Cove beach BEING DULY SWORN I DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S)-AND THAT ALL STATEMENTS CONTAINED HEREIN=ARE r TRUE.TO THE BEST OEHIS/FIERKNOWLEDGB AND BELIEF, AND THAT ALL WORK ' 1 WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND As.NIAY ! BE APPROVED BY THE SOUTROLD TOWN BOARD OF�TRUSTEES! THE APPICANT AGREES'TO'HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM A�q,Y AND.ALIS DAMAGESAND CLAMS ARISING UNDER ORBYVIRTUE`OF.SAIDPERMTI(S);:IFGRANTED- MCONIFLETINGTHIS APPLT'ATIO ,?IIIEREB rUTHORIZETHETRIJSTEE5 IFIEIItAGENT(S)'OR REPRE SENIATIVES(S); IO ENTER ONTOILYFROPERIX>TO`IlTSPECATI3E PREIVZ<SES IN CONI7NCTION WI7T3 REVIEW OF T HIS API'LICATIOIV- Signature SWORN TO BEFORE ME THIS 3rd DAY OF Tarch 2004 I Notary Public E' MONA KODYM Nctely Public, State of New York No. olKo6cems Qualified in Suffolk County Commission Expires march a, 2&`'' 'k I� APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM i The Town of Southold's Code of Ethics prohibits conflicts of interest on the par[of town officers and emplovees_The purpose of -this form is to provide information winch can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAiE: Charles R- Cuddy, Esq. Agent for Cove Beach Estates, LLC (Last name,first name,riddle initial,unless you are applying in the name of - I someone else or other egtity,such as a company.If so,indicate flit.other _ person's or cumpanys name.) j NAME OF APPLICATION: (Check all that apply,) Tax grievance _ 1 Variance — Change of Zone Approval of plat _k F' Exemption from plat or official map 1 i Other r. (If"Other',name the activity_) I Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or em�loyee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest.`Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO Y If you answered"YES",complete the balance of this form and date and sign where indicated- Name ndicatedName of person employed by the Town of Southold Title or position of that person , Describe the relationship between yourself([he applicandagentirepresenfative)and the towm-oMcer or employee. Either ch'' ck - the appropriate line A-)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): _ A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); - C)an officer,director,partner,or employee of the applicant;or _ D)the actual appticam_ DESCRIPTION OF RELATIONSHIP - Submitted.this '`r• davof Plarch 2004_ Signature :l _a7y,_ � s�J Print Name C a��s R. .Cud��sq. Board of TZUMt&Qg Application AUZBMZAT=CW +- (where the apPlicant is not the owaer) Beach Estates, LLC I,.R80u1 S. Witteveen Member, Cove residing at R.,O. 250 (prxAst owner of Property) {mailiag adds®sa) � - - Cold Spring, NY 10516 - �I dv h¢rebY authorise Charles A. Cuddy (Agent) to $PP1Y for Permit(s) from the southol"oard—ef` Town Trustees on my behalf. , --�ttiwper s signature) Raoul J. Witteveen, Member, Cove Beach Estates, LLC e lisF CHARLES R.CUDDY 6 ATTORNEY ATLAS' R'. �If,�R 26, C 7G04 445 GRIFFING AVENUE i RIVERHEAD,NET YORE Sautold Tawn m.i"g Address: Planrin BuarA 0 P.O.Bos 15- 7 FAY: (631)369-9060 - Rivesliead,NY 11901 E-mail: Aazles.cuddgCcexizon-net- March 25, 2004 Mr. Mark Terry Southold Town Planning Department Southold Town Hall 53095 Route 25 P.0.'Box H79 Southold, IVY I1971 Re: Cove Beach Estates, LLC -Major Subdivision SC'TNT41000-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Terry- In accordance with the Planning Board's resolution approving a preliminary map, enclosed is a check in the surri of$60,000 as payment of the park and recreation fee. Very truly yours, Charles R. Cuddy CRC:ik Enclosures PLANNING BOARD MEMBEMS �gUFFO(,�c �� 0 P.O. Box 1179 JERILYN B.wOODHOUSE YYY °r G Chair ' = y` Town Hall, 53095 State Route 25 Southold, New York 119 71-0959 RICHARD CAGGIANO y. Rxj Telephone (631) 765-1938 WILLIAM J. CREMERS KENNETH L.EDWARDS ® o Fax(631) 765-3136 J MARTIN H. SIDOR �O! �q PLANNING BOARD OFFICE TOWN OFSOUTHOLD i J March 26, 2004 i Mr. Charles Cuddy, Esq. j P.O. Box 1547 Riverhead, NY 11971 Re: Cove Beach Estates, LLC SCTM#1000-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Cuddy: The Planning Board reviewed your letter dated March 10, 2004 requesting the start of surveying and cleating work within the right-of-way prior to receiving final approval. The Planning Board considered the conservation component of the subdivision and agreed to the tasks as outlined in the letter, recognizing that, the dates outlined are conceptual. In addition, the Planning Board is requiring that the New York Department of Environmental Conservation's stamp of approval are shown on all final plats submitted for final approval. If you have any further questions please do not hesitate to call me at(631) 765-1938. Sincerely, ark Terry Senior En onmental Planner Cc: Planning Board Daren Pfennig, Phennig Construction Corp. CHARLES R.CUDDY r1j'—/ (CrLj) ATTORNEY AT LAT 15 GRIFFINGAVENUE RIVERHEAD,NEW YORK t IvIeiliag Address: TEL: (631)369-8200 PO-BaY1547 FAX: (631)369-9080 I Riverhead.,NY 11901 E-mail: charles-cuddyC'veriz=-net March 19, 2004 Southold Town Planning Department Town of Southold l ; t aAR 2 2 2004 'f Main Road Southold, NY 11971 Southold Town P AttentionMark Terry PlanningBcard Re.- Cove Beach Estates Subdivision Dear Mr. Terry: In connection with the lot fine change, we are enclosing a certified copy of the recorded deed whereby Ocean Point Development Corp_ conveyed additional land to Cove Beach Estates in connection with the road dedication- The deed was recorded with the Suffolk County Clerk on March 18, 2004 in Liber 12307 at Page 979. We will shortly forward to you the recorded deed of conservation easement. Very truly yours, Charles R. Cuddy CRC:ms Enclosure 11111111.1111-IIIIflll,111111f1f Iif III1111f 1111111111111 a flllfl11111 Illll�llfl 1111 SUFFOLK COUNTY CLERK RECORDS OFFICE t RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 03/18/2004 R Number of Pages: 4 At: 10 :02 : 01 AM Receipt Number : 04-0030433 TRANSFER TAX NUMBER: 03-34219 LIBER: D00012307 PAGE : 979 OCEAN POINT DEVELOPMENT CORP COVE BEACH. ESTATES LLC District': Section: Block: Lot: .1000 022 .00 03 .00 018 . 010 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $12 . 00 NO Handling $5 . 00 NO COE $5. 00 NO NYS SRCHG $15 . 00 NO EA-CTY $5 .00 NO EA-STATE $50 . 00 NO TP-584 $5 .:00 NO Cert .Copies $5. 00 NO RPT $30 . 00 NO SCTM $0. 00 NO Transfer tax $0 .00 NO Com .Pres $0 .00 NO Fees Paid $132 . 00 TRANSFER TAX NUMBER: 03-34219 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County Jl Number of pages - TORRENS i s Scrral - - L - ! ' t t C Certt6caEe' - - Elm - Prior Ctf.�ff - . . . Deed l orr_3g rnstrcurcLH Decd MIrtga;e t3•_Stamp - .F cording thinsSiamp r?4 . FEES r.: Pags f filing Fee f. I•fon5ae�.mut. . - 1-Fandling .� ... _.. - 1:Basic-Taz - - TP-584 7 1 Additional Tax Notation Sbb Total Er-52 17(County) 'Sub Tota! Spec_/Assit. Or E.4-5217(Stat ei 5 Spec-/Add. r� R_P.I:S A. ys ;u TOT. hITG TAA Comm, of Ed. 5 00 Dual Town Dual County . Held for Apportionnic L ems. Affidavit •, + �ti - -_; a .. LransferTaY Certified Copy �1�,�'�S Ddansicn Tax The property covered by this mortgage is or Reg. Copy will be improved b a one or two family . Sub Total" dwelling only Other J fr �j YES ocNO GRAND TOTAL ✓✓ If NO, see appropriate tax clause on page 4 01 this instrument: L- J Real Property Ta $e�VdCE Agencv Verlift:aupr! b- C'Oia'aa`rl ud3lS YlcSci i 3`Lla7ra $'US3d I Dist. Section Bleck Lot o' ideration_linotrrit'$ ! — pa e of 134011602 1000 02200 0300 016010 %C1PF Tax Duej $ 1�• St p , r F `J - Improsed Date (Ft CFE A'� 18-MAR-01 I� Vacant Land Initials 7 I Satisfactions/Discharges./Releases List Property Owners Mailing Address TD �7 RECORD& RETURN TO: TD I TD Charles R. ' Cuddy, Esq. 445 Criffing Ave_ \ (' P.O.. box 1547 V Riverhead, NY 11901 s 'Title Company Information , Co. Name Title 9 SUMIIC COUP Ya'Peon bng &Endorsernent Page This page fcrtrns part of the attached DEED made bv: (SPECIFY TYPE OF INSTRUNIENT) Ocean Point Development Corp The premises herein is situated in SUFFOLK COUNTY,NEW YORK- TO, In the•Towmhi of Southold Cove Beach-- Estates:, LLC - I hiJe',!L'LACF - - orHaff ET of East Mr on ElS 5•TILRU'9 NIUS"f BE"f EL)ORPRINTED FV BLACK INK ONLY PRIOR TO RECORDING OR FILING- II f •,� ANY 005-2ar�ain and Satz Deed with Cavenan[3cLrt ,r r_Tu3„;d-„i .-.r Con I uou u.dc I r CONSULT YOUR_LA'W iER BEFORE SIGNING TIES[N'STRLNIENT-TWS INSTRlMENT SHOULD BE USED 81' LA%I 1ERS ONg-} y , a { THiS 1NDEN fLiBE made th l;t day of Ifar�h .n the tear 9ilrL 3 la G BET% TEN is a -t- `u f rx r 5 , 2�'-,+1 .Ii T, 111T Dh _L LOP1It11f CORP aving an:=':o`T#ice''a£ 9 Tia �.t' d>;ueriue', Sutr < Mets .ork, New Sock 10016 ;' :m part} fthefirst par[ and �':- r rlCl 4r 5 r ,1,1 F{ nr � y F4,tt i _ - f �- _ s x ' 3 liG•r r� 4 r 5' $ x '�'; # COC7E`BEAC EStAi,t.S,'[LLC Lia ani mz ottica• at'bg� XPi#"'k`'Ave'iLue iii + ,lTlys', 'New "3 1Xatk - Ne,a York .101016, part}:-of the secondpart: `• , - _ - ! - - 11'ITNESSETH,that the patty,of the first part,in consideration of Ten Dollars and other valuable•considetationpaid bythe_ party of the second part,does hereby grant and release untothe patty of the second part,the heirs.or.successors and assigns of. the'party ofthesecond part forever. ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,sit a[e,]}mPartd being in heT - atFEast -MArion, .Town.-of -Southold,- County. of. Suffolk and. State :of New 'York - ,more `partici larly bounded :and. described as -follows a.. . r '. SEE ATTACHED DESCRIPTION 1 i . I _ TOGETHER with all noht-title and interest,if any,of the party of the first part of,in and to'any streets and roads abutting the., _ - above-described.premtses.toakre centerlines thereof;TOGETHER with the appurtenances and all the estate and rights of the : - _ party of the-first.pan to and,td said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of,the party of the second part forever. I - - - AND the party of the first part covenants that the partyof the first part has not done or suffered anything whereby the said -• -- premises have been incumbered in anyway whatever, except as aforesaid. _I 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 _I receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement.before using any part of the total of the same:for any other,purpose. The.word "party"shall be construed as it it,read"parties"whenever The sense of this indenture so requires. IN 44TTNESS WHEREOF, the party of the firstparthas duty executed-this.deezT[licday and.year fist above written. � - IN PRESENCE OF: Ocean ,P.glnf' Development CQY_p_. - - RaoulWitteveen - ZsrzctisonT�D ii�rFo2+is¢otl�nrrtis `Y0itK s6Y UsrnzxvoftF acav�n!�``PTBW VdIR�vh'41TYGR�rTE �T jrN S'tnteoflVelti S-ork.lounq of - , }ss SriateofNevfYozk3C Wof k ..5-..� TOndlel` tda°, ct xr�h prtl@year,,2004, ,On°°the day df k mlteear .t kztxe me. theund�hrm d 1�ra�a.�h appeared the-undersign d--personallyiappe5ced j Paoill J. W1LLe'.e2R + n ;Y f ,1,i 4 r,i a1 11 5 11 �� a�ncfacfnn neG onallv.knowri to me or pmved to the on'ttie basis of sal s'factory I k=STATE OF'NEW YORK SS: COUNTY OF SUFFOLK I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE QQMPARED THE ANNEXED COPY OF DEED - 1610o3— ATPAGE Y T7 RECORDED ='1 r�_OV AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DEED AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID ' , r COUNTY AND COURT THIS gr DAY OF n 200Y CLERK 12-0156.10/021x1 Say 3Y e D _ - , wit n tlStraIneurana�xckmv...=oo-- - (if the place ofresidencets r'a czn znclude thestreetmzd srreermtirrber, The same in his/her/die-ir capacity(ies),that by his/her/their signature(s) i . if any. tbera'rr: that he :hehhe} l no\rr.a on the instrument,the indhidual(s),or the person upon behalf of which " the individual(s)actedjsxecated the ins[,ument,and that such individual „.. to'be the lridi\;dui described r, ono tuboex`ecute3 the for`egorng :made such appearance before the tmdeisigned in the- instrument;that said subscribing witness was present and saw said e% n[_ the- bi-ne: .,nd dt.,t paid wttrtdss at°6e lama Mune subscribed `(Insert thg cny orother polinealsubdn.rsion mzd the-state or comztry or ' hd, her[heir nalne, \°tine•• thereto.` otherplace the'acla[otvle,Igmentivas'ta'ken) :/�- , - . . . , r , w 1� , F � 1 �.B 4RG 4IN 8SaLE DEED R1TFiC0\EN.iNTS;Gdl bT GRdNTGR'S TrrcENo -. - DisrxtcT _ SEC'CJON_ E 'BLOCK --. - - - - -Aceau Point pelVelopinent Corp. LOT COUNTYORToWN - - - TO Cave Beach Estates, LLC RECORDED..ITREQUESTOF Fidelity National Title Insurance Cotmpany of New Yorl_ 1?LTU BYb1.41L�T0 FIDELIYN NaTI11NiLTITCEtNSURANCE 1 I;' COiVIP4NS OF NEW1-0Rh T t F° i tis + 14 i F'lLIPj/h, �..a.er � r C h } E ' / ,o i , = ILL 11 a.m.. SCHEDULE A , ALL that certaimplot, puce or parcel of land, with the buildings and imprdvemetits thereon f erected; situate lying and being at East Marion, Town of Southold; County of Suffolk and State of New York, bounded and desciibed as follows: BEGINNING at a point on the easterly side of land now or formerly Ocean Point Development, Corr -sa,ifi pr tr±hemg,46 ¢ het froze.tbe�sorrtheasterl}r-cotnerlaf laid il—6'r.)o'r`tnetty:Orean ` RUNNING thence from said po,'_rt of begiizning through land now or formerly Ocean Point Development Corp. the following four(4) courses and distances: k 1. On the arc of a curveto the right having a radius of 425.00 feet, for a distance of 208.2; feet, 6' 2- North 24 degree2l minutes 26 seconds Nest 508.06 feet, On the arc of a curve to the left having.a radius of 25 feet, for a distance of.34.83 feet, 4. On the arc of a curve#o the right having a radius of 60-00 feet, for a distance of 224.42 feet to land now`oe formerly,Cove Beach Estates, LLC,; RUNNING thence along]and now or formerly Cove Beach Estates, L ­LC,the following rivo (2), courses and disthuces 1.. South 45 degree 03 .tniriutes 26 seconds East 50.32 feet, 2 South 24 degree 21.minutes 26 seconds East 78699 feet to the point or place of BEGINNING. Containing an area of 1.0409 Acres. - 79 Eff_ C''f ire r s TAR200 + Z8A RECEIVED NOTICE TO ADLkCFNI,PROPER '; ER 2004 BOARD OF TRUSTEES,TOWN OF SOUTHOLD Southold Town cieri. In the matter of applicant: Cove Beach Estates, LLC SCT1b1# 1000-22=�-9. 1 1R_ T 1R 7 R.8 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: improve the existing roadway adjacent to a small, pond 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: North side of NYS Route 25, 1000' east of Kayleigh's .Court, East MArion, NY SCTM# 1000-22-3-9.1, 18. 1, 18.7, 18.8 3. That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: March. 24, 2004 _ You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. ONVNERS NAME: Cove Beach Estates, LLC MAILINGADDRESS: P.O. Box 250 Cold Spring, NY 10516. PHONE #: (845) 265-7996 or (631) 369-8200 Enc: Copy of sketch or plan showing proposal for your convenience. _ M 0 z o AVN Z �Q n, m oe LPI 7 7 - -- LPI w C [J LPI fG Q a ^ � rll M M O {J o a w IM � --I- 0 �W C3 r �WA G w 3 "z c N U � a OWN CHARLES R.CUDDY T- ATTORNEY AT L a 14oGRIFFING.�l'ENUE R VERHEAD,N'FW YORK 1�'lailin A,11e,s: TEL: (631)369-&U) P.O.Box 1547 FAX (631)369-9080 Ri.,rhead,INY 11901 E-mail: cli Ies.cuJdyCaerizon.net March 11, 2004 u P Hand Delivered l ' Mr. Mark Terry Southold Town PIanning Department Southold Town Hall 53095 Route.25 P.O- Bos 1174 Southold,NY 11971 Ret Cove Beach Estates, LLC -Major Subdivision SCTM€k1000-22-3-9.t., 18.1, 18.7, 18.8 Dear Mr. Terry: In accordance with your request, enclosed please find the following: 1. Five (5)Road and Drainage Plans 2. Five (5)PFinal Plat maps If you require any additional information please advise. [Very truly yours, Charles R. Cuddy CAC:ik Enclosures 790am L F�V AW CHARLES R.CUDDY ATTORNEY ATLAS' 415 GRIFFING AV E NUE RIVERHEAD,NEV-YORK ASadmg Adrhese: TEL: (631)369-3200 P.O-Box 1547 FAX: (631069-9080 Riverhead,NY 11901 E-mail: ch.rle>.cuddvCY,erizon.nek March 11, 2004 D EC75-7z4 Mr- Mark Terry SoutholdTown Plannin De artment g P Southold Town Hall53095 Route 25 P.OBox I`J,7 Southold, NY 11971 1 Re: Cove Beach Estates, LLC -Major Subdivision SCTNI#1000-22-3-9.1., 18.1, 18.7, 18.8 Dear Mr. Terry: Pursuant to the conditions of the resolution approving a preliminary map, enclosed is a copy of the DEC approval and permit. Please also confirm that the bond estimate is being reviewed by the Town Engineer. Very truly yours, Charles R. Cuddv J CRC:ik Enclosures New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40.-SUNY:$tony Brook,NetfYork 11790-2356 . � e Fhar3 `S' n•.44 a fi' ,, m�, Oy6a - 4=4X:(631)44-03C-0. ` Website.�vwuv.dec state.nY us Erin U.crony - Comml�inner Cove Beach Estates,LLC Dcoeomber l9,2003 c/o Inrerpool,Inc. 633 Third Ave. Ir Floor New York I•I_Y-100I7 Re' Permit.'#1-4738-03x50/000CdCoccBeaclaEstate�Suhdi�inion Bear Pezmittce: In X19 regulations a ion with the reciyirett 621 of the State Unifo=Procedures Act(Article 70,ECL)and its itxtplemtrxtirxeguIations SNY IUSMg _ We c uei'ully. If you are unable to comply with MY conditions,please conYPact us eruut,gt the P easebove re aall ddress. ditione Also The weathex enclosed is a permit sib which is to be oanspicuouslY ppsted at the project nice and protected from Very holy yours, Creorge W.Hauumarth Deputy Regional Permit cc:BMFIP Adinbrdstrator EOR File y r } 65•?.0.Ei�wao-15c P2 raNU YOFxsrATE7FPaRiMENi9P ENVIRON¢FENFAL EUMERVAMUN �k NECPagrtarNUMaen _ . . E1A.n4ry7iF3y8pF-0p96a1e5m0n/p0rd0a0ER4r�1 - [rrc,,xrn:)ar NEDAM mber l5,-PERMIT IJOe the Enwranmerrml Car ear tr"n Law(ECL) TYPE OF PERMIT(ChEckAIIA pfic8ble6oxes). New Q Renewal Modirrcation OPermit to Construct ����{{ ❑ Ample is,YNe 5: L_I Permit to a- t6 - Prot®Gionaf.WBtar ❑ AVIIGe t7,r.(!..7,$: AtlldEi7sTide If;BNYCRg an- I�—! MarartorrWEmiE Mariagemarrc. I ` ;dTttre lfi: Wa f�J WBIEr$SUpupply - ArGGe 19; . Air Poliulion Cardrpf Aflido 34: ^� CopB[21 Erpa;^rt:.Sl7iyyE.;,ept U Article 15'7-,Na,15: r--� Wafer rranYport tt`II IVII ree29, Rw27; NI!ned Land fteciamalfon ArVcla 36: Flcndplain MEnauemEnt Long Ialend Wells fl� AglCle 24: V FrEshyrEtar WElfentla � Anieles 7,3,17.i9,2Y,37;6NYCRR ❑ 8617 Radieu"n Corrfrol Article 15,Tlflp 2.': Wfld,s�nlp&Racreatloaal RIVe(s I r/ t Arlicla 28; r ' 1 T;dm Wegantls athor BNIYORR UGM - Water quality CertlficEtion ❑ SNf l Wa Tim 7:0HYCRR gap- --- 'F PF`lAVirrl53t1ae Tp Cove Bench Estates, LLC cfo Interpool, Iha teEPNQNervuniasR p appgEA4pFPERh+rtTEE (212)918-3261 (, 683 Th1mAve_ 171111Floor New York,N.Y.10017 h CONrAC7 PEi9eN FORPERMITr�p VdpRK _ F"20 Morablto-Douglas ElffMan Real E�9tata PO Box 1145 SoutholdN.Y, , 11971 ,�P roreENu�oER '� rrmn,=ArlNnopa6>u o�aRa �ecTirweknr - �(631)765-6005 Cove Heath EsiBtes,LLC Property North side LecnnvN W pROM-Cl FraGal:_ de of Main Rd.approxL 1000'east of KayleiA hs CL SCTM#1000-22-3=9-1,1310 13.1,18.7& 18 8 East Marian COUNTY FOM Suffolk 8Ou6QjCl WArE1WWF V1.VeT WN Na, oLonsllsland SoundIDa COO pw Es esca�rron of atRRea¢epac7wln•.. m.Pond - . E:723.7 N:4 557:3. SubdwiiCtaab'auriaa a1arcalinta'i2--,7sideritiatloisgridtwoppenspaceres®roea - . roed�wlth sclBsurraca dra;narge,sys6yrrj,The gLr[h lot a dtivo o shall the 1- s of Cove Beech Estates dated _ -Cone a paved access 5,23103,last revised 1013.1103"Ali d aµrngs re $Irped"NYSpEC q fiv,, hee�t"Final R"Onlha ed Dr tl,ro,�rsr eef-Map- oad&Drainage Plan"dated By EGL c� tnca of this permit, the permittee agrees that the permit 15 cvnrt - - . applicable regulations. the General Conditions s n9ent upon strict complianca W7h the Included as part of this perrllit, Par✓ffed(See Fage 2)and an S - Y Spacial Conditions - -- P61LtItTApuaNlsrRgFpR. - Caor aar.+rteas - - W. NAlnrrrartlT NYSDEC R1 DEP SUNY Building 40 Sta a�n�orzrzee s�wl'ruRE y, n YBreak; N_Y. 1173D-2356 - Page 1 oto NEW 1'�RK STATE NI:FF.RTWIENT-OF'FNV't�f3CJFdoi1ENTA4 CONSFRVFTIQN sFECtAL CONDMONS 1.The permittee sba11 ineorporare-the follovring language as a notice covcnant tP the deed of the 104A acte-parcel and each lot "F � Wdlby thoFatt;l viszou of tTus parcel author;zed under this pemair kegul,amdfreahwrieswedauds.associatedvilitFizlmater�Tetlaud$ystWn OlandregUlaIedtdaiwetlaPds839ociatedwtla 3 1 ouglslsodSotndaudDmnPo:tda:elocatednnthelU4.4art-paxcellq�tedwestofDaruPoadatsdsauthofT,ongSajandSUund � " - iiiFa:;[I�larioP,Toc�xxoTSoutholdM.nor+ma;11[e(:o+e2eactsE�an:,3ubdxvisic>Fx,SG11�f#1DOOZZ-31ats9.l,plal$.l,l$.7,18.$, ' tac properues of CoveBcach Estates,LLC and dtch heirs,aaiignrorsttcsessors. Thlaproperiyis's[tbjectto-tlioptnv'isimp£ Envtrcr[t[teacJ t:.Ptt9ervation.aw+(rCLt;.rt:les 34 and ?i,anti[he capduct'ofregulstedaciivities FF,ay actor onlypbrsuatxr�tb E(�. xdcle 3 24 and:y is prior appznx�l ie;roar[Y , tPe ticu t'nrk Statti�eparhuent oFLzavicmvncntaI Conservat oa(NYSDBQ ' orjtssuccessdz�s}.Aegu2aiedaaxt>z4cs:�clu&butarenot:Iiudtedtoc=iagofvegetatidu;appllcaYrono£chemicals;excava4ou; . . -gradinyzikd:filliuig;-sit$'erecnoF:.o'f?nystructrut(s}." - . This deed covenant shallbe recorded with the Ckxk of Suffolk County wither 90 days of-die issuance oftl>;s permit. A copy of tlie. or•malted deed or vflter wxptabk proof OfTIC eord,l[1=9 with the 71111ucr assigned to this Kpeen#x-Shx 11let sent withiA Qne _ r:al6ndaryealroftbeIssuance'oftbkp:rntittwFLi�G,RenionsilylanagelBureau-WHr ita;a3 if' 8gero NJaime Hablt_t Protection sUN Y kkIuUft9.4R Stony Brook,NewXor&11790»2355.:. 2.There shall,be no direcdnz of ave dlowftornt1w access road drainage systtw to thenrgrrlated freshwater wetland area or its 100 foot regutateSi adjamxLi also locoed on open Space Parcel E. - 3.Any work,;dfsturbance,and storage of coxtsttwdOn materials-tzn-be confined to within.the' molt of Cleating and Crroond i Disturbance"as drown on the approved'plaa. g 4.All areas ofzoil disturbance resulting from tltis projezt shall be seeded vrithmt appropriate perennial grass,andrunkhed with straw immediately upon completion of the project, whkin two (2) days of final grading,or by the expiration of the peomlt .; wlxichever is feat. Mulch shall be maintained until a witable vegetative cover is establisher. If seeding is i*,iacticable due tq the lime of year,a tetvpouatp Malch shall be applied and final seediug shall be perfonned as germination and growtb_. roan as weather conditions favor ^. k5.Suitable vegeWAve cover is defMad as It Miniillnm of 85%area vegetative cover wish coatigaous mrvegefated axes no larger f than 1 square foot in size. t. 6.All equip[nent and maebinery shall be stored and safely contained greater tlxan 100 feet landward Of the regnlated wetland or - water bodyattheend ofeachwozkday-. Thi8willsctvetoavoidthenadvectet[tlealffigaofdelat ioussubstancesigtvthe area- Fuel or ocher chemical stotage tanks shall be rontaaaed and located at all times n an ares regulated the regulated wetland or water body, if the above greater than 100 feet Lwdward of tgnedtt land o ware Sequtlewrtt cannot be net byte petwitttee,$,ay.the storage areas nest be des eemp any andallpotivniatieekage.3ttchacrnxtaintnehzsysienaFraustbeapptavedbyl�YSAECs�Tpziee to c4uipt a ,'machmery or rankatorage Within 100 feet of the regulated wetland or water body. , 7. All fill shall consist of clean soil, sand andlof gravel#lot b free of ft followxag substances;asphalt, Slag, flvash,broken . concrete,demoliuonde oris,garbage,IrouseHole8se,fires,woodymaterials irxcyudiugtree orlandscape debris,andrumlobiecrs. • The mtlgduClrOa Of fnA4mi [ Ppghf tc to agnabC hili FSsexpxCSaly ptoltlbrted_-. S.Ariy dcmvlirioa debris,excess consmrcavn tpaYerlal$,and/orexcess Meavated materials shall be ivmzediatcly and completely . dsposcdofoururapptaveduplaudsitemolet m100feetfromauyregnlatodfrmhw tarwetlaud.Thesematerialsshallbesuitably Stabilized so as not to re-enter s>xy water body,wetland,or werland adjacent area. 9.Prior to cPMMneneetment of any constroc activities, a uo]gfu Lceis row of Straw bales shall be staked end to and along the ,landtra rd e r e of the and t of clearing, grading&ground disttr[banee"line as shown on the approved plans.The be shall be f eP zep]aced as often.as necessary to ensure proper fl=tioa, until all distosbed eraas , pkat, vegetarzd. The avcragt useful Iifs of a bale is approximately 3-4 months. 8 .. _ approved uplznd l0eatiott before the bales theroseivea are reanor-ed,. e:dimentg upped by the belts shall T;c removed to arx 4 10.Sb axv bales shall be reeesscd two to four inches into the groand. - - , PEC FF�trdfi'NVr�'Fg ' 1 4738-U3I5U/00001 PAGE 2 OF 4 . - - NEW YORK STATE 6@p ARTIAM F OF l N4Q]iaNMENTAt.COAtgErnrgTlON _ Item A. Pertttittee AcceptsNOTIFlORTiON OF OTHER PERMITTEE ORUGATIONS The e' t:e8alRernni4siliilityand)1giees(riMdemnifoation p mtittaeexpresslyagreestOln -State ofNevvYork its repraser,f�tives,empl❑yees.anda = rva .-n - or aurhon3ed b role tO the Ger Ih uem m1O hold earn ress the DO e I lent of Environmental C e kOn ofthey txfe�r .(ME,. i rr' se s making of aclivtties or o suns,actions,anddamagas, I• it ndernniFcailnndoeseote�tfen �iiance or p P�ationand to the non C(l Bance' wish rite terms andtcandce Of toe fache ulty orfacrlrtles j y,ts ycfalms,suits,ae�ons,prdama gash°'tFteextenrattributabtetopEC'sm,,n� This Item 9: Perrn ittee's COntractors to C glig-nt The permittee rs tespon8ible for inf❑rmirrotyits indepenPermdent cont rac=ors, employees. rothePermitttocomplywththis Permft,Ncludingall special coridition3 otor actin a _ t❑the permitted actly{pas and such e agents and assigns of their. Con'servatian Law as those Persons shah[beaubjart to the same 9 Vhe perrnittee•szgenttwit r a Prespribed fbr the permittee. sanctions for violations or the Environr r,rai - fteThenl C perinitteal2 sPOhsble for Obtaining Other Required Permits be req permittee is responsible for-Obtaining anyotherPermlts,approval- I,r, is cp.:itlas that are authorized by ths e ,easemenis and itghts of that Item D Na Right to Tr`espass,or interfere with r a _ permit. way at may. This pgrnrit�7 I g iu]#Onnt a to the _ fT P rian Rigfrts Of oth ars in order to perform the pea-ni tet d work nor d roast to or Personal ro s t rtauthorrze the.im ailtnant of any With the rip riasest In rest P p cEf _ eld orvested:.in a person not a party to the permit, P Yrights, General Condition 1: Fa GENFRAL CONE)CrI.ONS The permitter]site or ci{fty Inspection by the Department an authorized:ra facilRy.including relevant records,is subject to Inspection at reasonspie hours and' PresenWiveof the Department Of Envirorrmental Consery (uta De the C 71.0 Jscomplying vrith this perrnitand the EEL. Such representatFre may order the work suspende'�tpu SI by to.EGL 71 0301 bncfSAPA 01(3). Department)to determine whether, The permittee shall provide a person to acCOrrpany the DeparlinenPs representative during an ins Ection t area when requested by the Department. by AcopyoFthlspermit,lnclud,;tgllraF®rerctadma s d . P to ha permit rlhe Department at alt times aEythe p ' razmngg and Special conditions mustbe available forinspect on. 7 DePartment representative.is,&Vioia6on of thisttpermit�llty, Failure fo produce a w t PY of the permit upon request by a t Generat expre sln2 ldedPonchRqIQ `IpofthisPermitt❑ OtherDeparGitentprdersandpetarminallons Unless e�g7ressly-provided for by the Department, issuance of this e order or determigaden Pfe'✓farisly3ssued : in such order or de&rminattan. by.the De permit does not madffy,Supersede or rwind any parfVtent or any ofthe terms, conditions or Pequframents Contained General G p lti fteioust /app:lications torPermit Ren4walsorM❑diflcations rml Q.Svllrlteemustsubrhita eparateWrfftenappllcationtotltaDepartmentf❑rrerta q Modific,SunoIrtrr,ifergraation mu 6 ode fprmsOrsupplemental informaliom on or afthfs Modification or Vali far e�rty renewal hansfer The permiffeeTnUatsub the,Deparimert musi be In vvTkir, _ the Department reaufres.An is al 1An rye '_-r mit a renewal apPticann of least; g Y newal, r t71B a.p r3r],1 of L''•sl nlai'Oenr� iorSt,„ PollutantDischargeElimination F3.a,rie_ F vol Faulye; til t't,lrl, ttrajarAir Pollution Control Solid este, ;;Hag�rdous _ l_4 F,iFi, ;nr) {qpG) and Solid Wast i Supml;t3onyof ePphr�rr R m'radr , of all Ou,:r per fiit#ypes, a Management n„s tar pe nit rens . .,i�•r md0ir*tIOn are to ba suiom t{ed fo: - 1 f,'3UE4 hcgronai Pgmrat Admi ' I Taleph❑r a (rat q ntstrator, Region 1 SUNY Building 4D Stony Brook, N Y. 7 i79u- 44 O�t35 2356 GeheralCandttlon4i..-p+trrriitMod:ficatir+ns,Suspanslcartsg The C'sP ,r, 2nl r;or E, the r_,hr i . rno r and Revocations The grow,.1 r1o.],tr n s,suspend Or revoke thrs I'7f the Department. J” r ''o'' re✓oration include: Permit in accordance wtih 6 NYC a) r"itenolt false pnn rcu RR ParE 621. s b) ` failure.b)y'�?e permttt'C u Statements in the permit apPlica#tan or supporting p r) rnr - pro act With may.terms or,conditions Of the ppaper's; ¢ e thr apa ,1f tr g j as described in the t t - d) nc ,l•:h;-]�-r ori„_rr,lin•Fbl"eteSd strrbedint permd.applicatfttn: PC tifplkniq.'r' r• ...Iul oris'sinc t tinge lit ervlrohmenfal conditions, i e) nuncompriance.with-preys❑usty issued he issuance of fi-*existing permit: ret®v ant technology f En1�r011m9YFtal�enservatlonl_aworregulaiiotnopdrtons, ordersaftnecommtssloner an � Dcc PERMITDoparimentrelated#❑the pemlttfed arovi ions of the NUrnaER 9 t'a? g-F)3t50d00001 ty. PAGE, OF 4 . .IVEw YORK8TATE 0 ERAPTM7 NTXt 4,q, (;,i ihlGn TAL r'Ota3cF:il,STlatl FAIDDITIONAL GENERAL CONDITIONS FOP ARTICLES 15(TITLE 5),24, 25,34 AND SNYCRR PART 6as(TIDAL WETLANDS) Jf uthori operations th 6se SLate flf Nara Yorkfequlre ars alterationIrr The pas�fon of tfje strticyura 6r We[k herellyuthorized,or if, in the opininn of t11e pep?rimenf ofErtviilnrr]�tltat,L.orlservationttshall cause unreasonable People fart o the free navigation of said wafers br flood flows or endanger-,the health;_safety or welfare of the - peopls offho 5tat0,.or cause loss or destruction of the natural r2SpurCes o1 tete State,th2 owner maybe Ordered Oythe,State.tirnd .tv remove or aftarthe sfilcturaj work,:obstructlorts,or hUarde caused therebywlt Touf expense to the State olid if, opera the eXp ratlbn or revocation of this moddtg2tion of tlTe watercourse hefabyauthorized shall nr,t`?ern Permit, thio stnrctUre, fill, excavation, Cr other fila SMte and Ir. . iu ext_nt 1•d in:ucn,To ar, mpl.t.d,the owners,shalt,'wffr,oute TF w�rq rE TI•:' 51I ura.-.;, 1 t71:❑nar ri=In,Uen^, expense to nrhor r n- rrrtmsn€df EnvironmenfaiConservationrna P IAr:m,;law 7 olhnal,r, or ft and"reetore;to !ts former condition the n 'x,70• �a,Id flood,capac ty pf tlTe wO`15UPMUFsW No claim shall be maria gainsGthe State o New York an accoinitYtf 2ny`8uah removal or alfsratitrn. 2. The State of New York shall in no cane be liable,for any damage or In ury to'the si cpUl a�r:work herein ahal rImPrOedwhichfrayig cauaeabyorrerPufrernfiatvreorerattensUnderfakerrb0heStateforEtl"sgrhsarvatieq or,more age. ofnsvigativn. Orforoyerparposes,andnaClaimorrighttoeompensatione-fbr cdOhOr fromany such damage. 3. Granting:of this permit does not relieve the applicant of the responaibility of obtalning any other permission, consgntorapproval from the U,6_Army Corps of Engineers,U.S.Coast Guard,NewYork S Sm -Services orlocyl governmentwhich may be required. tate Office ofGeneral 4. 'All necessary Precautions shall be Taken to precl solids, dude contamination of arty wetland or waterway by suspended "sediments, foals, solvents, lubricants; epoxy coatings, paints, concrete, Ieachate . environmentally deleterious materials associated with the project. or any oth.or 5. Any matertal.dredged in'the conductof the work herein permitted shallut.loavjng large be removed evenly,wit Fto refuse pile`s,ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to gauge damage to navigable channels or to the banks of a waterway. 5_ There chaff be no unreasonable Interference.with navigation by the work heroin authorized, 7. a upon the expiration or revocation of this permit, the prUject hereby authorized has not been completed, the applicant shall;without expense to 1116 State;and to such extent and in such time and manneras ilia peeled, the, of Environmental Conservatlon may regUire, remove all or any poMon of the uncompletne structure or rtme d restore the site to Its farmer condition. No claim shall be made against the State of New York On account fill of any .such removal or alteration. B. If9 rented'uhd0rSWCRRPart608;theNY$Department&Environment[Conservationherebycertiffesthatthe . 303subje306 ct pro)ect will not cone travene ffluent limiratrons or other fimltations or standards unoer Sections$01,302, met., and 307 of the Clean WaterAct of 1977(PL 95_217)provided that all of the conditions listed herein are 9. At least of 48 hours priorto eemmencemerrt of tlTe project,the permittee and cantraetor shall sign and return the top portion the enclosed rat fiaaGon farm certifying that they are fully aware of and understand all terms and Within 3o days of completion of conditions Of this permit, project the bottom Portion of the form must also be and returned,along with photographs of the completed work and,Ifi'equired,a survey 10. All activities nby this omni,must be In shint canformanoe with the approved pians submitted by-ot e - applicant or his is agent 85 part of the permitappfioaGon. - DEC KiRMIT NUAMER 1-4738-03150/00001 PAGE 4 OF 4 CHARLES R.CUDDY f kTTORNEY AT LA7 445 GRIFFING AVE Nli E Rn'ERHE_kD,Nl:V YORK 'Mailing addxes_: TEL: (631)369-5_700 P.O.Bos 1547 FAX: (631)36Q-9050 Riverhead,NS 11901 E-mail: charles_cuddyCverizon.net I March 10,2004 Southold Town Planning Board Southold Town Hall 53095 Route 25 P.O. Box 1179 Sonthold; NY 11971 Re: Cove Beach Estates, LLC-Major Subdivision SCT11191000-22-3-9.1., 18.1, 18.7, 18.8 Dear Board Members: This is to confirm the request to commence work on the road at the Cote Beach site which will be scheduled as follows: March 17, 2004 Start survey work in filed. D 12 (!a 2 pp 2 March 22-31 LS L�1 LS U LS D Install hay bale protector per DEC perrrut. NAR 12 2UU4 Organize and schedule work to begin, order lead time materials. Week of 29' Soo,hold Town Planning Board Possible clearing at North end. Note: We will not be clearing or grading in the area of ponds until trustees perant is granted. April 1-30 Clearing o=trees. cluppinZ and grinding. Excavating_ cutting and filling of roadway per survey. blay 1-June 30 Installing drainage and utilities. The work will be under the supervision of Daren Pfennig, Pfennig Construction Corp., Mattituck NY. In accordance with our discussion, may we please hear from you at your earliest com enience. Very truly yours, Charles R. Cuddy CRC.'ik Enclosures 3j, Prudential Prudential Douglas Elliman Real Estate 53345 P:1ain Road, Rte^_5, P.O.Bax 1145 SOLIthOld,NY 11571 j Bus 631 765-5005 Fax 631 765-9644 ,^anti^,.pnldentia lel I imaacom IVlarch 9, 2004 I To: Southold Tone Planting Board P.O. Bot 1179 5 Southold,NY 11971 From: Daren Pfennig Construction Supervisor Cove Beach Estates East Marion_ NY Reference: Planning Board Meeting of March S. 2004. Permission to start construction of roadway at Cove Beach Estates. Per request of Town Board, Outline of Intent. j March 17rh - Scheduled meeting eeith town trustees in field at site. - Start sun,e} work in field. March 22-31 - Install hay bale protector per DEC permit. - Organize and schedule work to begin, order lead time materials. Week of 29th Possible clearing at North end. Note: We will not be clearing or grading in the area of ponds until trustees permit is granted. April 1-30 - Clearing of trees, chipping and grinding. - Excaif ating, cutting and filling of roadway per survey. May 1-June 30 Installing drainage and utilities. 21 €a-n innrd-noadr:o.,nea nud uptawai menta of lfe Ord di of,l fieal""Ice fn I Ia1H In.: Amy firther questions please contact Daren Pfennig: Office: 631-298-0234 ;{ Cell: 631-804-8868 i Pfennig Construction Corp !` P.O. BOY 1331 I Mattituck, NY 11952 A sincere thank you from the Cove Beach staff for keeping the project moving forward. TDllk Pott, g J i CC: Enzo Morabito Charles Cuddy ESQ UFFO� PLANNING BOARD MEMBERS JERILYN B.WOODHOUSE .r0 (/ P.O. Box 1179 Chairy6 Town Hall, 53095 State Route 25 H Southold, New York 11971-0959 RICHARD C9GGLaNO �, • Telephone (631) 765-1935 wILLUal J.CREhIERSKENNETH L. G D' Fax(631) 765-3136 RTIN H.SIDOR ��-d IDaO� PLANNING BOARD OFFICE TOWN OF SOTJTHOLD March 9, 2004 Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Andrew Freleng, Principal Planner Subdivision Review Division Gentlemel'i: Pursupm,t to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of: Major Subdivision of Cove Beach Estates (Amended) Hamlet/Locality: East Marion n _av S.C.D.P.W. Topo No.: See plat Zoning:X S.C. Tax Map No.: 1000-22-3-9.1.18.1.18.7 & 18.8 Major Sub._X Minor Sub.—Site Plan Cluster Lot Line Change MATERIAL SUBMITTED: Preliminary Plat (3 copies)_X_ Road Profiles (1) Drainage Plans (1)_X_ Topographical Map (1) Site Plan (1) Grading Plan (1) Other materials (specify and give number of copies) 1. One copy of Application Packet as submitted by applicant. Waiver of Subdivision Requirements - See attached sheet Page 2 Southold Town Planning Board Referral Referral Criteria: The proposed action is located within 500 feet of the Long Island Sound and Dam Pond. Dam Pond is a listed Critical Environmental Area designated pursuant to 617.14(g). The property is located within 500 feet of State Road 25. SEQRA STATUS: 1. The project is an ( ) Unlisted Action ( X ) Type I Action ( ) Type II Action 2. A (X) Negative Declaration (On amended subdivision application) ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. 3. E.I.S. statement enclosed. ( ) Yes ( X ) No 4. The proposed division has received approval from the Suffolk County Department of Health. (X )Yes ( )No Comments: The proposed action involves the subdividing of a 104.35 acre parcel into 12 lots for single family residences ranging in area from 1.65 acres to 9.2 acres. The property is located n/o Main Road approximately 1000' east of Kayleigh's Court in East Marion. The Peconic Land Trust holds a Conservation Easement on 100.60 acres of the 104.35 acres. Note that a Conservation Easement has been executed for Lots 1 through 12. The Conservation Easements are attached for your perusal. In 1997 the Peconic Land Trust was deeded a Conservation Easement on SCTM# 1000-22-3-15.1 and 18.3. The Conservation Easement restricts the developable area of the property to 26.56 acres. Furthermore, the Conservation Easement imposes certain conditions upon the 26.56 acre developable area. The residual acreage (68.82) will remain as open space into perpetuity. This site is environmentally sensitive. A Findings Statement for the FEIS was adopted by the Town of Southold Planning Board on August 14, 1989 for a proposed 34 lot subdivision. Since the adoption of the Findings Statement the yield of the proposed subdivision has been reduced to 12 lots. The Town of Southold's records show that the following studies were conducted for the proposed past action. 1. Stage 1A Archeological Survey of the Cove Beach Estates at East Marion (1988) 2. Final Environmental Impact Study (FEIS). In response, to the New York Natural Heritage Program identifying areas potentially containing endangered and threatened vegetative species within Lots 1, 2 and 10, the applicant performed an endangered and threatened vegetation survey of the area in July and August of 2003. No endangered or threatened vegetation was found within the study area. In addition, several rare species were identified on-site. The areas where the rare species are located are included within the conservation easement areas. Agricultural uses as well as agricultural support structures are permitted on the 68:82 acre conservation easement area except within a 100' buffer around documented rare species that exist on-site. In addition, no removal of"healthy' trees is permitted within 50' of the top edge of the bluff. We request.acknowledgement of receipt of this referral (X ) Yes ( ) No Referral received 2004 by the Suffolk County Planning Commission and assigned File No. Sincerely, ] � , JJ _,.,,,��y � erilyn B. oodhouse Chairperson J PLANNING BOARD NMMBERB Q�OgUFFO(,�co P.o. Box 1179 JERILYN B.WOODHOUSE �. G Chair o y` Town Hall, 53095 State Route 25 W3 Southold, New York 11971-0959 RICILARD CAGGLANO %y ® ; Telephone (631) 765-1938 ' WILLIAM J. CREMERS Fax(631) 765-3136 KENNETH L_ EDW_9RDS '�'ifJ Q� DL-kR.TIN H-SIDOR ' PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 9, 2004 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, New York 11901 RE: Proposed Major Subdivision for Cove Beach Estates Located on the north side of NYS Route 25,1000' east of Kayleigh's Court in East Marron SCTM#1000-22-3-9-1,18.1, 18.7 & 18.8 Zone: R-80 Dear Mr. Cuddy: J The Southold Town Planning Board, at a meeting held on Monday, March 8, 2004, adopted the following resolution: WHEREAS, the applicant proposes to subdivide a 104.40 acre parcel into 12 lots; and WHEREAS, the Peconic Land Trust holds a Conservation Easement on 100.60 acres of the 104.40 acres, including areas within Lots 1 through 12, Open Space Parcel A which equals 31.25 acres, Open Space Parcel B which equals 28.97 acres and 5.18 acres included within Lot 10; and WHEREAS, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law, acting under the State Environmental Quality Review Act, established itself as lead agency for the action on March 10, 2003; and WHEREAS, on October 15, 2003, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, Part 617, Article 7, made a determination of non-significance and granted a Negative Declaration; therefore be it RESOLVED, that the Southold Town Planning Board grant preliminary approval on the plat, dated as revised September 22, 2003, and the Road and Drainage Plan, dated as revised May 23, 2003. The following items remain outstanding and must be submitted in order to proceed to final approval: -aa7 w'e em�ssv�mv®-e q' Cove Beach Estates — Page Two :: 3/9/04 1. The Planning Board has reviewed the property and has decided that it is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required. The amount to be deposited with the Town Board shall be $60,000 ($5,000 per vacant lot in the subdivision). Payment is required prior any the final endorsement of the map. 2. Upon approval by the Town Attorney, thefiling of the right-of-way maintenance agreement with the Suffolk.County Clerk and, upon filing, the recording of the liber and page number upon the final map. po s 3. The filing of the amended conservation easements with the Suffolk County �'� ,N \ Clerk and, upon filing, the recording of the liber and page number upon the final map. A draft By-Laws of Cove Beach Estates Homeowners Association, Inc., a not- for-profit corporation, was submitted to the Planning Board in 1993. Please up-date this document and submit for legal review. 5. The submission of a Town of Southold Trustee Permit for the proposed roaq6l�_ re-location in relation to Pond 1. 6. The submission of a Curb Cut Permit from the New York Department of Transportation for the proposed right-of-way access. 7. On December 19, 2003, the Office of the Engineer approved the road and drainage plan without modification. Please submit a bond estimate for all V , proposed road and drainage improvements. 8. The submission of the New York State Department of Environmental',, N� Conservation Permit for the proposed action. i�n� Q P 9. Submission of 3 mylar and 8 paper plats with Suffolk County Department of Health approval stamp. Please contact this office if you have any questions regarding the above. Very truly yours, ^may Jerilyn B. Woodhouse Chairperson encl. cc: Melissa Spiro, Land Preservation Coordinator CHARLES R.CURDS' ATTORNEY AT LAT 440 GRI FFING ZVE NUE RI\'ERHEzD,NET YORK mailine kddres_: TEL: (631)369-82200 P.J.Box 104—� FAX: 16311369-9080 Riaexlxead, NI 11901 E-mail: Aarles.cudd_vCvexizon.net March 5, 2004 Hand Delivered Mr. Mark Terry Southold Town Planning Department f �' C Southold Town Hall E �j 53095 Route 25 P.O: Box, MAS 1179 - 5 Southold;IVY 11971 2004 + Re: Cove Beach Estates, LLC -Major Subdivision i SC'I'M#1000-22-3-91., 18.1, 18.7, 18.8 l Dear Mr. Terry: In connection with the above matter, which is scheduled for a hearing on March 8, 2004, we are enclosing.the following: 1. Affidavit of Posting 2. Certified mailing receipts and signed green return receipt cards. Please make these part of your file. Very truly yours, C _4 Charles R- Cuddy CRC:ik Enclosures I! I i I P , Y i i .� � eI '7f v �^ 3i&c'I ltP. 1�.8 �. . M r r i ru EAST ON, ff--%114'€19 " 4.37 4A4IT IX 4901 LQ Postage S f1J ' t+l Er Certified Fee 2.34 p51II�I4 A!1 11fU3 f.75- Postmark 037 11Nrr n 694 Ln P.rsem ntFleeeipt Fee r` - - 4 � (Endorsement Requireo7 - Here �I- • Poste $ ., :. -1ilEP�C� 'I�Q .' CaNfied'.Fee 2.�4, Resided Delivery Fee O"' o r3- (EeNareement Required) Postmark :- 'li o rural Postage a Pees $ r 4,42 ©2/27104 m. Ran m Race pe Fee I.M Pere A. 7 o �dowinetdRequNKI) Clerk: KDk Sent To mamm ll aui J: E-M u _osiaei W—Z 1155 Kayleigh'sect. __ -- T Pasmseasa� $ 4.42 42/27/44 o "-"— - — —..... — -----------•--- ! 1. East MArion, NY :11939 0 'Efstxatzas & Ors-'Papazahariou' - Clig Serie,ZIP+4 • -rr ee __ N Slleel,Qpt No.• y��� ru ,rro eox No<25:17 35th street M, Totai Postage a Fees 4.42 4"'= V'i ..- _..—..... —.... Cray,Stare,ZIP+4 a•,----•—.• Long Island Citv, NY. 11103 ru sereet;apsMarion, , Y 119 - o si:_t-ppoio:-- ---Sere'metis—„--Marth— Campbel p or PO Box No. 1105 Ka lei h s Ct. ru -- East N etfy,slate zid:`a-- -- -'..---"--------------------3 9-. _.-.--___—__. o or ao Box No. P.O. Box 6-+1 Clay,Srate,Z/P+4 ”"" entero East. MArin NY' 11939 •RonaldEdeen ora o e • giii--° -------------------------------- — — _n ru 0 orpoBoxNo P.O. Box 335 7 Sent To o ---------------------•-------------------------------•--------- r3 Mr. Don Cotrone - crry,state,zIA+a ------------------------ EastliP !tion NY 1193 NStree;Apf.&a. — ��- • O err PO Box No. I __ 1 Wheeler Cts---- -- — -- „O` O City,State,ZIP+4 s sertr,To. N Deer Park, NY 11729 Mr. &Mrs. Frank-Russel - �- --------------- Bay------------- 'BaY Breeze Associates, In' p mrvo9wrNa"; 49 Benedict Ave. ru Street,Apt.No.; i------E,zia+a------------------------------------------,- ;. - r or PO Box No. 10 Pop lar Street r` Staten Island, NY 10311 — ----------_...____... — -- i - f7 City Sene,Zip+4 aim= t` Sayville, NY 117£32 ! - �lz s nrro &�[rs. _Ric3sa�d`�iva�r o pLs. Elizabeth A. Neville, TocarL Cleric u _ .a_—______.—_..._—______. O --"--.....-_._...__....—_.........-------...._-----------------—..-.------- f1J Street,APL No.; C3 Crpo'iierZlP+4 ""......"��'------------------------------- O nrPOBoxNe. 164 15th !venue ty out old NY 11971 q o - —"-----.....---1579---- ----------- -- ' t` erey,sraee,ZrP+ ea Cliff DIY 11579 f o orpOBw No--53095 Route 5 P.o. Box 117 � f� - Yi - 13 ean ' r5'�IyYoa� .a- Brown,-xJ22-i E. 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ISI � ',-t7iJohn Psaroudakis _ __ C3 ualified_Gillispie_c/o-_Charles Gilli_5pi street Apt No i nJ lBtreel APL No.;...—....-...—........_.....- i C3 or PO ox Na. 1553 64th Street ru orPOBexN6. 102 North Erlwood Ct -- o ---- - -------------- — - -- - ----- ---- ----- clan ate,ZlP+4----- . y ry city,seafe,nP.a�chmond VA 23229 r Brook! n, NY 11219 I I ------ ITT...&TLzS...�xllLe E----Sie4ar an - Stieef,Ayt.No.;_...• .._-_.. _-_..— rLj Stteeg Apt.Pfo.- 0 or PO Box No. P.O. Box 9r ' C3 or AO BoxNe.655 Kayleigh's Ct. l -- it N City State,ZIP+ --------------------- �- � � C%ty,State.ZIP+ -------- i C3 ast Marion NY 11939 r East rion, NY 11939 U.- - 1� I II ilii �•i .;: ` ... 'i . :r-: . ,•o�rrs,a,: -- .a"t t: a r r k jVbL1'i. COMPLETE THIS SECTION •��" ' 1 - GEh'f f w _ 0 Complete items 1,2.and 3.Also complete A. Received 1 b""y(Please Pnnt earl I B. Date of Delivery J IX ^y item 4 if Restricted Delivery is desired. (,�•f.`t�t% (� Print your name and address on the reverse C. 51g ure so that we can return the card to you. �_; ..r 1 z- 6�'-��Anent Attach this card to the back of the mailpiece, ,r - - - for on the front if space permits. "^ EN CHER: COPV,PLE TE THIS SECTION COMPLETE THIS SECTION ON DELIVERY 'r$cfU�'rtsl - • i xgg'^- ■ Com fete Items 1,2,aTd 3.Also complete A. Rec ived by(Please Print ClesHY) B. Date of Deliver X15.- acqueJ,ute Copas P . `OS Ka leiah's Ct. Item 4 if Restricted Delivery is desired. Y a '+ e Print your name and address on the reverse ast : 1, NY 11939 &'• so that we can return the card to you. 1 - 0 Agent ■ Attach this card to the back of the mailpiece, X l yyl, g I�..tr on the front if space permits. dres=e[ D. Is deliv addre>differ nt from item 1? Yes n- �. 4rtG'e Addressed to. If YES,enter delivery address below: o s: ¢1l1 .t1n1r +z, - � it 17 t, F w, 70D2 0460 uu1*. r _� 9 u ¢ S a 'S Form :oolL S { 6Domestic Rett C +1 a HBO ElE, sMz$ c ^ S*F&„Tr Rc, Prd• rl :h' Fi C1 _ a I t, y r •' L �.� I' r"1�• I C"rte ^4.�r •,. ;. o 1 = y-•— 5r"$'# eG._ 01460 00'03 1 - 1 .06 _Y1 . 15 . x:. . s � aaYo m o . 7002 0460 0003 1958 5224 K. � , zm .I rt o 1 70 II -tr.,•�.rla s, y/' i �y,: - 1J LIfi,` 4 '� ID n o mIp w 2r.M _ Fla[ v � O 96j�a . coir olp. LEA -IN 8P ' �O m�V mj LL '•S` � y 705= 546E uuG3 158 5394 . 71 ;•p:...Ei:: i.1...+, 70Ii,y 1 H•i.i Ryf `r i�l'`:I41•': {i.y `• i t :. � Z,u+ �".,� Fy M1�r l'1•1i 1 N,l - • J Ir t I 11 I NO •••211��A' t 1 - 6 fib.• -, .- "'s t I .�`Illi � i:J.",3 J460 00D3 195E El 4 9 J {q I Naomi SENDER:COMPLETE THIS SECTIO,); � SENDEP: CO:btPLETE THIS SECTION =O'.i'LETP THISEC TION ON DELIVERY 15 Complete items 1,2, and 3.Also com leie A ■ complete items 1,2,and 3.Also complete A. ivd by(PI nt Clearly) B. Date of Deliver item 4 if Restricted Delivery is desired item 4 if Restricted Delivery is desired, Elm's 9 � 44i� o'L I ■ Prim your name and address on the reverse ■ Print our name and address on the reverse so that we can return the card to you. C so that we can return the card to you. C. Sign ❑Agent ® Attach this card to the back of the mail lece, X ■ Attach this card to the back of the mailpiece, X/ l ddresser or on the frontrf space permits. P or on the front it space permits. / n Yes 1' 1. Article Addressed to: -. Is derive ores ifferent from item 1. D_ 1. Article Addressed to: ` If YES,enter livery address below: ❑ No Mr. & hers. Llilliam J. Snyder 11s. Patricia Desylva Garvey SENDER: COMPLETE Th'l5 SECTION! �.. SENGE,i- COMPLETE T-1,S SECTION r i ' - r i I' utaaai!TTT/7p Complete items 1,2,and*PPI c��p'�®z rl I r i t r ' item 4 if Restricted Delivery is desired. , 'Complete items 1,2,and 3.Also complete A. Received by(Please Print Cieatly) B. ate of Delive ■ Print your name and address on the reverse . item 4 if Restricted Delivery is desired. t so that we can return the card to you. C Print your name and address on the reverse _ e Attach this card to the back of the mailpiece, so that we can return the card to you. C. Sgnature - )i ■ Attach tis card to the back of the mailpiece, �/ ``' • .tib Agent or on the front if space permits. or on, font it ace permits. X v 9 Eq ,5 ;�. P P - .Sr ❑Addresse 1. 'Article A tlressed to: 1. Artel; sed to: D. Is deli a rent, 'item 1? ❑Yes Brut, s Ct.r. Sieverman 4 `_ P �r If YES,ent r elyi dres low: 0 No 655 I:aylleigh.f' Efst . tios & Ors Pa a ahariou ; P ,1 _ 25-1,T' �� ere a1 ^av 11A3g Lona 1?35th Street er N w Island City, NY 11103 E'ENULK: COMPLETE THIS SECTION f "%`— F F I r–, p COMPLETE THIS SECTION ON DEL/VERY ■ Completitents 1,2,ago 3.Also complete item 4 if name an Delivery is desired. ■ Complete items 1,2,and 3.Also complete A. Recei ed by^IPlease Pnnt C/early) B. Date of Delivery Print youname and address on the reverse I item 4 if Restricted Delivery is desired. r Ij so that w¢can return the card to you. a Print your name.andaddress on-the reverse . lGUlG� -Sr,rlcy�� j ■ Attach thio card to the back of the mailpiece, so that we can return the card to you. C. Signature - - - - - or on the front if space permits. ■ Attach this card to the back of the mailpiece, X r ❑Agent 1. Anile Addressed to: or on the front if space permits. I �� �'��l7 Addressee r 1 t Article Addressed m: D. Is delivery address different from item 1? ❑ Yes Myron B. Brown If YES,enter deliveryaddres=below: 0N ,t Jean E. Dean Mr.& 1Irs. Richard Sinatra j P.O. Box 224 164 15th Avenue t Pain Road Sea Cliff, NZ 11579 i East P"Arion, NY 11939 .i 3. Service Type t ! XrCertified Mail ❑ ExPress Mail ❑ Registered krRettim Receipt for Merchandise I ❑ Insured Mail ❑C.O.D. „ 2. Article Number - 7002 0460 4. Restricted Delive J ❑Yes "s (Transfer from service/abe/J 2, Article Number - - r1'?(Extra Fee PS Form 3811, March 2001 Domestic Rat, (transfer yrom service labelr_ : 7022 0460 0003 1958 5248. i �' E , i t ; • i - PS Form 3611. March 2001 —�Domeshc Return Receipt - -1 -5"faf`en s anct, Y 10314 E [` - It tur.-ss-ot-nitazi –' 1. Article'Addressed to: ��— T SENDER: COMPLETE THIS SECTION p1Y.. L,� - - - COMPLETE THIS SECT/OF!ON DELIVERY I a Comple a items 1,2,and 3.Also complete A.], P.O.1 SENDER:COMPLETE THIS SECTION item 4 if pestricted Delivery is desired. East' and 3.Also complete f� Received by IP ease.Print Clearly) B. Da. ■ Print your nafne and address on the reverse ■ Complete items 1,2, ,7 C. item 4 if Restricted Deliveryis desired. so that'M can return the card to you. C. Si n t _ re ■,Prink your name and address on the reverse ■ Attach this c,srd to the back of the mailpiece, X so that we can return the card to you. or on the fre+lt if space permits. ■=Attach this card to the back of the mailpiece, X C. I' 1. Article Addressed to: I - or on the front if space permits. D. Is delivery adores;different f item 1? ❑ 1. Article Addressed to: If YES.enter delivery address below: Ronald Edeen P.O. Bot 335 2' Art" PIR Don Cotrooe Trar East Marion, NY 11939 4 Wheeler CT_ PS For, Deer PArk, NY 11729 �Certi'.iztll- 9. .Seerrvice Type .❑ Register L31 Certified Mail7CP Mail0,Insured'. ❑ RegistaredRecept bRestricted t ❑ Insured Mailtea - 4 Restnctzd Delivery?(Extra FeEI 2. Article Number- 7002 4464 0003 11 (Transfer from service iabel) - I > , � -- � z. Article Number , I 7002. 0460 0003 1958 5255 PS Form 3811,.March 2001 , , ,Domestib'ReturrFReceipce t (Transfer from'se,mIabe1J - March 2AOt Domestic Return Receipt 'cam PS Form 3811, AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as Cove Beach Estates, at NYS Route 25, East Marion, NY ' by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on " nlarch'8,, , oo4, posted on .February 25, 2004. I have sent notices, bycertified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts,and every property which is across on - February 27, 2004 Charles R. Cuddy Your Name (print) ' _ S�, Signature 445 -Criffiag Ave. , Riverhead, NY 11901 Address March 8, 2004 Date 1 - - Notary Public 6�S09Y PultatefNW%* No. OI KOBOO8380 *07 PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 315104 Re: Proposed Maior Subdivision Cove Beach Estates SCTM#s: 1000-22-3-9.1, 18.1, 18.7 & 18.8 Date of Hearing: Monday, March 8, 2004, 6:10 p.m. AFFIDAVIT OF POSTING. This is to serve notice that I personally posted the property known as Cove Beach Estates, at NYS Route 25, East Harion, NY by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easilyseen, and that I have checked to be sure th&poster has remained in place for seven days prior to the date of the public=Hearing?on• FebruarV 25, 2004 I-have sent notices, by certified mail - return receipt, the receipts and green ` return receipt'cards of which are attached, to the owners of record of every i property which abuts and every property which is across on February 27, 2004 I Charles R. Cuddv Your Name (print) Signature 445 Griffing, Ave. , Riverhead, Nv 11901 Address MArch 5, 2004 . Date Notary PublicMONA MMM ryapp {{/�a7 Pub1 8 * HElu! tl U No. O1 K060McMV br sotto MaMh&W07 . 5M— D Southaw TOM FUnni Boar$ PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 3/5/04 Re: Proposed Maior Subdivision Cove Beach Estates SCTM#s: 1000-22,3-9.1, 18.1, 18.7 & 18.8 Date of Hearing: Monday, March 8, 2004, 6:10,p.m. LASER FICHE FORM SUBDIVISIONS Proiect Type: Major Status: Final Approval SCTM # : 1000 - 22.-3-9.1 KProiect Name: Cove Beach Estates -ocatio.n: The property is located n/o Main Road approximately 1000east of ;Kayleigh's Court in East Marion :Hamlet: East Marion ;Applicant Name: Cove Beach Estates. LLC ,Owner Name: Cove Beach Estates LLC ,Zone 1 : R-80 'Approval+.Date: 6/15/04 'PLAT Signed Date: 7/13/04 OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: C and R's : Homeowners Association R and M Agreement: 6/23/04 Address: County Filing Date: SCAN Date: 1 JUNE 201 2003 1 DRAFT 1 ARCHAEOLOGICAL RECONNAISSANCE SURVEY 1 COVE BEACH ESTATES (LOTS 1 THROUGH 12) East Marion, Town of Southold, Suffolk County, New York 1 1 1 1 1 1 1 1 1 1 D E C E Wr Prepared by: 003 D 1 OCTocr o E A R T H G\ T E C N 1 w/ — — Southold Town Earth Tech, Inc. Panning board 655 Third Avenue, New York, NY 10017 1 Prepared for: ' Cove Beach Estates, LLC 633 Third Avenue, New York, NY 10017 1 Table of Contents ' Chapter Title Page 1 Introduction....................................................................................................................1-1 1.1 Location and Description of Project Area..................................................................1-1 1.2 Description of Proposed Action.................................................................................1-2 ' 1.3 Objectives and General Methodology........................................................................1-2 2 Environmental Setting...................................................................................................2-1 3 Prehistoric and Historic Overview ...............................................................................3-1 3.1 Prehistoric Overview..................................................................................................3-1 ' 3.2 Historic Overview......................................................................................................3-3 4 Research Design/Survey Methods.................................................................................4-1 ' 4.1 Background Research.................................................................................................4-1 4.2 Field Methods.............................................................................................................4-2 4.3 Laboratory Analysis...................................................................................................4-3 5 Results .............................................................................................................................5-1 5.1 Results of Background Research................................................................................5-1 ' 5.2 Cartographic Analysis................................................................................................5-2 5.3 Results of Reconnaissance Walkover ........................................................................5-5 5.4 Results of Fieldwork ..................................................................................................5-5 5.5 Results of Laboratory Analysis..................................................................................5-8 6 Conclusions.....................................................................................................................6-1 ' 7 References.......................................................................................................................7-1 ' 8 List of Preparers.............................................................................................................8-1 ' List of Appendices Title Page 1 Appendix A Excavation Record ' Table Al Shovel Test Pit Location Record...................................................................Al-1 Table A2 Excavation Record ........................................................................................Al-2 ' Appendix B Artifact Catalogue.............................................................................................B-1 ' i List of Figures Number Title Following Page 1 Project Area Vicinity.........................................................................................1-2 2 Cove Beach Estates...........................................................................................1-2 — 3 Rocky Point, 1894.............................................................................................3-4 4 East Marion, 1896.............................................................................................3-6 5 East Marion, 1904.............................................................................................3-6 — 6 Portion of East Marion, 1909............................................................................3-6 7 East Marion, 1947.............................................................................................3-6 8 East Marion, 1956.............................................................................................3-6 — 9 Cove Beach Estates Study Area........................................................................4-2 10 Previously Identified Cultural Resources in the Project Area Vicinity...............................................................................5-2 — 11 Results of Testing-Lots 1-10...........................................................................5-6 12 Results of Testing-Lots 11 and 12...................................................................5-6 List of Tables Number Title Page 3-1 Cultural Sequence and Chronology...................................................................3-1 4-1 Historic Artifact Attributes................................................................................4-4 4-1 Historic Functional Groups and Artifact Classes..............................................4-5 _ 5-1 Results of NYSHPO Site File Search ...............................................................5-1 5-2 Results of Subsurface Testing...........................................................................5-6 5-3 Artifact Totals by Stratum by Lot.....................................................................5-9 5-4 Artifact Totals by Class by Lot.......................................................................5-10 ii �. .a g 1 � Y MKI �r v+ ' Cove Beach Estates, LLC is subdividing a roughly 104-acre parcel of land located in the Village of East Marion, Town of Southold, Suffolk County, New York (Figure 1, Project Area Vicinity). This parcel, known as Cove Beach Estates, will be divided into 12 house lots, each having an ' area of between two and four acres, with a combined area of approximately 33 acres, approximately 66 acres of open space, and a proposed new access road constituting the remaining five acres. As part of their DEC wetlands permit application, Cove Beach Estates, ' LLC was requested to determine the impact of planned development upon archaeological resources. The New York State Historic Preservation Act of 1980 affords protection to archaeological resources meeting the eligibility requirements for inclusion on the National ' Register of Historic Places. Earth Tech, Inc. was contracted by Cove Beach Estates, LLC to conduct the present archaeological reconnaissance survey. 1 .1 Location and Description of Project Area ' Cove Beach Estates is located in eastern Long Island, on the north shore of Long Island's north fork in the Village of East Marion, Town of Southold, Suffolk County, New York. The irregularly-shaped property is bound to the south by New York State Route (SR) 25 (Main ' Road), it is partially bound to the west by a road named Kayleigh's Court and undeveloped privately owned property, to the north it is bound by Long Island Sound, and to the east by Dam Pond and undeveloped private and town lands (Figure 1 and Photos 1 and 2). A private paved ' road named Cove Beach Drive provides access to the property, and extends roughly southeast/northwest through the property from SR 25 to a bluff overlooking Long Island Sound (Photo 3). A second, unpaved road extends roughly to the west and east near the northern ' terminus of Cove Beach Drive (Photos 1, 3 and 4). There are also a number of dirt tracks, mainly within the west of the study area. ' Ground cover on the property varies from mature woodland, to heavy scrub brush with occasional trees, to relatively clear grassland. The topography is undulating with a number of ' minor rises and depressions. Steep slopes are present along the coastline, separating the beach from the elevated bluff that extends the length of the property. The highest elevation is encountered near the northwest corner of the parcel, with elevations dropping to the east and south. There are presently no structures on the property except for a small wood frame summer residence located near the northwest corner of the property, overlooking Long Island Sound. Aside from the Sound and Dam Pond, a number of small wetlands are present both within and ' adjacent to Cove Beach Estates (Figure 2, Cove Beach Estates and Photos 1 and 2). 1 ' Introduction 1-1 Introduction Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York 1 .2 Description of Proposed Action As mentioned above, the 104-acre Cove Beach Estates is being subdivided for construction of 12 residences. The 12 residential lots, named Lots 1 through 12, will comprise a total area of approximately 33 acres, with the remainder of the property being preserved as open space, with _ the exception of a new access road. Lots 1 through 10 are located on the north side of the property and Lots 11 and 12 are located on the southern side (Figure 2). 1 .3 Objective and General Methodology The primary objective of the present archaeological reconnaissance survey is to determine the presence or absence of archaeological resources within the proposed building envelopes of Lots 1 through 12. Completion of this survey involved background research, a site walkover, the excavation of 206 shovel test pits, and laboratory analysis of collected materials. Introduction 1-2 Introduction Project Area Vicinity ' Long Itsla,nd Sound ; i s B ' c 1 M . aV F �• 5' Rye p .001 I �• ,, s�. Pond 7E�'-': UR(EXT 9d RHnH f-. _� ,•J A � Easy Ma ' d 3 13j ti �. ,BAY ,. +,` r '`' �• -Q B I-E V T 8 A R R 2 L D 1 CT NY - (pro.or Int~ r1 sr� ._-_ �.. - `/�' nn8 (sl°^d Sou^a 13 Long Island !a t Atlantic Ocean l / _J 94 [� Cove Beach Estates 2400 0 2400 F� N 600 � 0 am M� ' Source: USGS, 1956. Figure 1 �j 1 1 1 K�tl ' Photo 1. 1994 aerial photo showing most of the Cove Beach Estates study area, including Lots 1-10. Long Island Sound is visible along the top, with ' Truman Beach to the right, and a portion of the Dam Pond visible below the beach. 1 Photo 2. Looking southeast at wetlands pond outside of Lot 10; the narrow channel that ' leads to the Dam Pond can be seen across the pond through the opening in the reeds. T K S )'r . a t.. _ k a - ' Photo 3. Looking north towards Long Island Sound from paved road which runs through Lot 5; the dirt road intersects with the paved road here, to both the left and right. Lots 11 and 12 are about 1 mile south on the west side of paved road. 1 +u. w� r. ��.. •.,., rE'at Ate` . ` runs through Lots ' Cove Beach Estates <ONO i \ ♦ SO TR UA1.4h B E,4 ell i r � O � � b 1 s 0 1 1 i �.•''�� - LOM 1142 1 , 11 1 y� 1 . 1 1'h 11 1 . � 11 1 � p 25) MAIN ROAD (NYS RT. 400 0 400 ' Ccve Beach Estates N I'--- Scale in Feet Study Area 120 0 120 II Scale in Meters ll ' Source: young 8 Young, Land Surveyors, 2002 Figure 2 1,� Paleoenvironment The primary geomorphological process that led to the formation of Long Island was the advance ' and retreat of glaciers during the Pleistocene era. Glacial advance transported rock, gravel, and sand that were then deposited as glaciers melted and retreated. Ridges or moraines were formed by the deposition of such material along the-maximum line of glacial advance. Meltwaters from the glaciers also formed streams that carried material and formed outwash plains. Across parts of Long Island glacial sediments may be hundreds of feet thick. ' The second, Wisconsin stage of glacial advance formed the north fork of Long Island. It is characterized by the Hill Harbor Moraine in the town of Southold, which consists of a ridgeline between five and 50 ft high containing stratified sand, gravels, and boulders. A number of gaps in the ridge line are occupied by various creeks and ponds, including Dam Pond, and were produced when buried blocks of glacial ice melted after the main ice front retreated northward (Figure 1)(Town of Southold 2003:Section II, A, 4-5). At the glacial maximum the Atlantic coastal plain extended between 50 to 68 miles south of the ' present shore of Long Island and sea level was over 295 ft lower than today. As global temperatures rose, the glaciers began to melt and retreat northward, forming massive lakes and recessional moraines. Smaller recessional moraines were deposited near Old Saybrook, Madison, ' and Branford along the Connecticut shore, and by 15,000 years before present (BP) the glacier had receded from Connecticut entirely. ' By 9000 BP rising sea levels, at the rate of some 20 ft per millennium, caused massive erosion and submergence along the Northeast coast, flooding Long Island Sound and isolating Long Island and other offshore islands such as Martha's Vineyard from the mainland (Dunford, 1999). ' These terrestrial and climatic changes were accompanied by dramatic changes in the composition of plant and animal communities and similar variations in coastal and marine resources. By t 5,000 BP the rate of sea level rise began to decrease and by 2000 BP had slowed to approximately four inches (in)per century. ' Topography Over the thousands of years following the retreat of the glaciers, storms, waves, and near shore ' currents have continuously and extensively reshaped Long Island's sedimentary deposits into a variety of coastal environments and features. In the vicinity of Cove Beach Estates, these features include beaches, steep bluffs, sand spits, and discontinuous chains of barrier islands. ' Exposed sandy bluffs are gradually eroded; depending on near shore currents these sediments can be redeposited linearly along projections from the shore, forming sand spits. It is likely that this type of process led to the connection of East Marion to Orient, with Dam Pond becoming ' Environmental 2-1 Setting Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York partially landlocked between two narrow tendrils of redeposited sands. This would suggest that at some point in the past, Long Island Sound might have flowed directly through present day Dam Pond, into Orient Harbor, making much of Cove Beach Estates an exposed peninsula. However, historic maps indicate that the villages of East Marion and Orient have been connected by two narrow strips of land enclosing the tidal Dam Pond except for a small channel (Figure 1) since at least the mid 1800s. The present topography of Cove Beach Estates is undulating with a number of minor rises and _ depressions; Photo 5 depicts one such rise. Steep slopes are present along the coastline, separating the beach from the elevated bluff that extends the length of the property. The highest elevation, approximately 38 ft above mean sea level, is encountered near the northwest corner of _ the parcel, with elevations dropping to approximately 20 ft to the south, in the vicinity of Lots 11 and 12, and as low as five ft above mean sea level east of Lots 1 through 10. Within Lots 1-10, there are numerous shallow pits and low mounds, likely produced by a number of means, including fallen trees, small-scale gravel mining, and in some cases dumped debris. Area workers revealed that local residents occasionally remove small and medium sized trees _ from the area, inevitably leaving behind pits (Ashlee W. Reiniger, May 28, 2003). Glacial erratics deposited during the last glacial retreat are found throughout Lots 1-10. Further south, the study area encompassing Lots 11 and 12 contains relatively open terrain, with both secondary — and more mature growth. As mentioned above, storm activity, specifically hurricanes, has had a great influence oil the current topography of eastern Long Island, including Cove Beach Estates. The maximum storm surges projected for even a low level, category 1 hurricane indicate that at least the eastern half of the project area would be inundated, along with the communities of East Marion, Greenport and Orient. Storm surges from a category 5 hurricane would completely inundate the entire North Fork up to five miles east of Cove Beach Estates (Mandia, n.d.). These inundations can result in the movement and deposition of large quantities of sand and gravel. A notable storm of the past century is the category 4 hurricane that occurred from September 12th to the 20`s, 1945 and tracked through Connecticut to the west of Long Island Sound. This storm would have produced significant storm surges, and would have washed over and altered the shape of the project area (Unisys Corp., 2003). Surface Waters and Wetlands The most significant water body in the area is Long Island Sound, which is adjacent to Cove Beach Estates to the north. Long Island Sound is tidal and opens into the Atlantic Ocean further to the east (Figure 1 and Photo 1). Just east of the property is the saltwater Dam Pond, a narrow- necked inlet off Orient Harbor to the south (Figure 1 and Photo 1). In addition, a number of small wetlands are present both within and adjacent to Cove Beach Estates (Figure 2). The most significant of these is located immediately east of Lot 10, the eastern most lot of Lots 1 through 10 (Photo 2). This wetland is currently part of an intertidal high marsh area including mudflats Environmental 2-2 Setting � � - �£ ^�� MOON Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York ' but appears from historic maps to be a result of filling activities between 1884 and 1894 (USGS, 1884 and 1894). Soils The primary soils in the area are the Carver-Plymouth-Riverhead Association, which consists of sands, sandy loams, and loamy sands (Town of Southold 2003:Section II, A, 7-8). Within Lots 1- 10, a thin topsoil layer was typically encountered, followed by sandy loams and then several layers of sand (Figure 2). The topsoil in the study area by Lots 11 and 12 was substantially ' thicker and richer, clearly the result of past agricultural activity and plowing (Figure 2). The specific soils encountered during subsurface testing are discussed in Subchapter 5.3, Stratigraphy. 1 Environmental 2-3 Setting 1 P � C ANfl'Hl ' 3.1 Prehistoric Overview The basic cultural sequence and chronology for New York State remains that of Ritchie (1994 ' [originally published 1965, revised 1969, 1980]), and modified by Funk (1976), Snow (1995) and others. It follows generally the overall sequence for eastern North America: ' Table 3-1 Cultural Sequence and Chronology ' Paleo-Indian Ca. 9,000-7,000 BC Late Pleistocene Early Archaic 7,000-5,000 BC ' Middle Archaic 5,000-3,000 BC Late Archaic 3,000-1,000 BC Early Woodland 1,000-0 BC Early Holocene ' Middle Woodland AD 1-AD 1000 Late Woodland AD 1000-AD 1525 ' Contact AD 1525-17'"Century Paleo-Indian ' The timing and route of Paleo-Indian colonization of North America, and the first human occupation of New York State remain unclear. Relatively few Paleo-Indians sites have been excavated in New York State, and only two Paleo-Indian projectile points are known from Long ' Island. The material culture of the Paleo-Indian period consists largely of projectile points, with smaller numbers of knives, scrapers, flakes, choppers and pounding tools. These assemblages indicate heavy dependence on hunting, probably of large game. • Archaic ' During the Archaic period ca. 7,000-5,000 BC, temperatures dramatically rose, causing drying, lowered water tables, and shrinking post-glacial lakes. Additional impacts of short-term change and deglaciation were rising sea levels which resulted in the sea entered Long Island Sound and ' separated Long Island from the Connecticut coast. The Early and Middle Archaic environment of Coastal Long Island Sound was therefore less favorable to specialized hunting, but offered a ' Prehistoric and 3-1 Historic Overview Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York variety of marine resources and small game along the coast, swamps, and in mixed forests, and especially along forest margins. Several Late Archaic or `Transitional' sites have been excavated along the northeast coast of Long Island, including the Stony Brook habitation site (Ritchie, 1959). The `Orient phase' sites of this period are especially interesting. The Jamesport, Sugar Loaf Hill, and Orient sites contained elaborate mortuary evidence, including ritually broken stone and pottery vessels, and other offerings such as flint tools (Ritchie and Funk 1973; Ritchie 1994:164-178). Small quartz _ projectile points and a variety of other quartz tools typify the Small Point Phase, a diagnostic site type of this period. Two Late Archaic sites have been found within a two-mile radius of the Cove Beach Estates, on the Sound side of the North Fork. More information on these sites is provided in Subchapter 5.1, Results of Background Research. _ Woodland During the Woodland period, horticulture was first developed, as well as the appearance of larger social units, including the predecessors of historically attested tribes. In technological terms the Early Woodland period is marked by the emergence of pottery but in most respects is similar to the preceding Terminal Archaic. Curiously, despite the expansion of horticulture, the emergence of large villages, and the presence of important settlement areas on western Long Island and southern Westchester County (Smith 1950), few Woodland sites are known on eastern Long Island. Contact Period Dutch maps and other historical sources note that the Mohegans, a subgroup of the Algonquins, — occupied Long Island during the Contact Period, and their numbers were quick to decline due to intertribal warring, disease, and conflict with European settlers. The History of Suffolk County, New York states that the Corchaug tribe owned the territory from Wading River to Oyster Ponds, encompassing East Marion and Orient (1882). Along the shore of Peconic Bay, about six miles west of Cove Beach Estates, a Corchaug Indian Village was excavated in the 1930s by Long Island Archaeologist Nathaniel Booth (The Traveler, 1997). The majority of the Native American sites found on the north fork of Long Island are known to have been on the sheltered, bay side. Prehistoric and 3-2 Historic Overview Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York 3.2 Historic Overview ' Seventeenth Century Various histories of Long Island indicate that English colonists from the New Haven Colony ' settled the area of Southold in 1640. At this point in time, East Marion and Orient were known collectively as `Oyster Ponds,' with East Marion being referred to as the `Upper Neck,' and Orient as the `Lower Neck.' These areas were partitioned among a few families into 50-acre ' plots running from the bay to the "north sea" (Long Island Sound) (History of Suffolk County, 1882). A brief history of the town noted that a common field was set up along the bay side, and to the north by Long Island Sound, an area was reserved for timber for building and firewood (Town of Southold, 1965). In 1650, there were about six families living in the area, this number grew to 24 by the year 1700 (History of the Town of Southold, 1882). ' The main ground transportation route at this time was the Kings Highway, now called Main Road (SR 25). The King's Highway was laid out as early as 1661, serving to connect both sides of the settlement across a narrow tidal inlet (Smith, 2003; Amy Philk, June 4, 2003). ' The lack of decent roadways leading to substantial trade markets on the western side of Long Island helped shape these remote eastern settlements. The coastal communities on the North Fork ' had a stronger tie to the communities across the Sound in Connecticut, as travel by water was more efficient for business purposes. From its earliest years, the town of Southold actually lived under the jurisdiction of the New Haven Colony, which merged with Connecticut in 1662. The governor of New York soon after claimed the entirety of Long Island under his jurisdiction, but trade and other aspects of life continued much as they had before. ' Between 1649 and 1732 there were four churches organized in the Town of Southold, and every man had to belong to one in order to hold a vote in town matters (Goodrich, 1983). ' Eighteenth and Nineteenth Centuries ' During the 181h century, the villages of eastern Long Island became more self sufficient, evidence by the construction of windmills in individual communities. Oyster Ponds was serviced early on by a windmill built on the south side of Main Road (SR 25). This windmill was replaced ' in the same spot two more times, in 1760 and 1810. A New York State archaeological site inventory form has been prepared for the ruins of this windmill, known as the East Marion Windmill (discussed further in subchapter 5.1, Results of Background Research). ' As in most New England towns, the American Revolution greatly affected the area's population. After the battle of Long Island many settlers left for Connecticut, feeling that Long Island was ' too vulnerable to invasion. As the area recovered from the war, and stability increased, it began to prosper in its marine activity. The waters surrounding the island had always been exploited for subsistence uses, and at this time, it began to develop into an industry. In the early 19`h century, Prehistoric and 3-3 Historic Overview Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York Greenport, situated on the bayside, was established as a major village, and shipbuilding, whaling, fishing and oystering all continued to prosper around this center. By 1844 the railroad reached as far east as Greenport, increasing the population and adding Irish and Germans to the traditional stock of English, Welsh and French Huguenots which already lived in the area. Soon after many eastern Europeans immigrated here, with the result that many Polish families still live the town of Southold. Agriculture also remained a top industry, as Long Island has some of the best soils in the state. Further advancements in this rural section of eastern Long Island was publication of the Suffolk Times, a weekly paper dedicated almost exclusively to news within the Town of Southold and Shelter Island. This paper has served these communities continuously since 1857. An 1873 map of East Marion depicts a number of structures along the Main Road, west of Dam Pond inlet, on both sides of the road (Beers, 1873). Most of the structures on the road appear to _ have been private dwellings, though there was also a Baptist Church, Temple Hall, and school. A cemetery was located on the north side of a body of water called the East Marion Lake, behind the church (see Figure 1). The more industrial aspects of the village were located further south of the road, including a number of ice houses on the south side of Lake Marion, a fish factory near Orient Harbor, the previously mentioned East Marion wind mill, and a tidal grist mill; both mills appeared to have been owned by H. H. Horton. The tidal mill was located at the outlet to Orient Harbor, though its exact time of construction is unclear. The mill utilized tidal waters moving from the harbor to the pond and back as a power source. The use of tidal power to drive the mill indicates that Dam Pond was a contained body of water. Cartographic evidence from this period shows no activity in the Cove Beach Estates study area, until the 1890s. By this time, the Lower and Upper Necks of Oyster Ponds had been officially separated into the villages of Orient, to the east of Orient Harbor, and Rocky Point, to the west (Figure 3, Rocky Point, 1894). Around this time, the causeway carrying the Main Road connecting the two villages was rebuilt, removing the remains of the tidal gristmill, which had fallen out of use. Cartographic evidence from the second half of the 19th century appears to show that the northwestern portion of Dam Pond was filled, creating the wetlands that now exist east of Lots 1-10 (see Figure 3). The area that encompasses the eastern portion of Lots 1-10 appears to have been plotted into agricultural lots, and a small bridge connected this area across the western spur of Dam Pond to other agricultural lots north of Main Road. Farm plots can be seen throughout most of Rocky Point, though much of the study area appears to have been wooded (Figure 3). The farming industry had become highly specialized in the area; staple crops included potatoes, cauliflower, brussel sprouts, and peas (Bailey, 1949). One recreational activity of the 19th century in the Town of Southold was "camp meetings" (Corwin and Corwin, 1972). Steamboats would arrive from Connecticut, particularly from towns along the Connecticut River, and local churches would organize tents and other provisions for Prehistoric and 3-4 Historic Overview Rocky Point, 1894 ]�L 11 8} 7 .... D U. 30} ( \ 1.0 34- 1r. 10 a 4 13' : 434 'hmyx l'�, >R•: o• t l ' ;Y; ',r 6 3yt [.} [. ]B ianL�Ahnalr.l,, 44rit .Hr ..� ri\•%`. l i 11 103i 0} a# W.r. �( . .,(9"�")w' �:f `,;•.; 'r.,. LB 3# r.S 3} :} i' 7. ! - � ,.• 'r"�•.�4 `fir•:. 8y3 311x.,' t1V 31 ,.3i• - �' 't_ lam`,, lu R cl<Y Pl r `', V , •� , , 7 7 .b'7 ',tr hra 7".� ,,, ^�/ yn 14i U}, 6 ,` r 4*3 ��° •��m f y� A� lU mss` J. �,'tu�,.i,_l�;••'t./ , 6t I4 hnl. 7 G ^ i. ,,t M, O�,' 16- 0 rN. r'1 / .r� 1p r16 - V a lrYri L ' 2 16( - ,,>• ..�i\ ..� t 1p. . r,{, .> r` r •r 11# G n":c P� 1 0 tlIQ 7 S `„ 18 ai ( \ p tr•,L+ [:U• • 4 \,d \ Ot ' ak 17 1D p 7 it to lob.. D# 3} 'o ',3 r l Gtr` .-1N` c , C ♦ 3 , 17 34 1. 6# at 19 16 S 113IA 1G - at p a o`n a 7 9 31 15 w i} 1nl.t �I [ . a n.. _ fir. �^ �s.e 7P t 4g 17 'r!. D- . Br^ ^ '�Sp „ 1 d •`� V ory I O� 1 VlJhrq.shead Ifk;t Sa 31 f 10 7 .r 7• t n.r�, .y� 3 r "" ai 31 0} 'on�Q I�Snch 1't. ....et 6k Dk h^.L.G D4 f 11 1i 14 6t a# ' 8t 1G ss uox [[yyyy 1r t.l 1• ,' '�y. Y[I: Dt 1r 7} 8 Ok x[[1,3/^ 1J• :'.x.1-. ♦x. 11! 10 Study Area 2500 _ _ 0 2500 Fmt 1x 500 0 500 Meters Source: USGS, 1894 Figure 3 1 ' Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York ' retreats in Southold, as well as other parts of Long Island. An 1896 map shows the location of a substantial summer camp, St. Thomas Episcopal Church Children's Home, adjacent to the study area, to the west of Lot 1 (see Figure 1 and Figure 4, East Marion, 1896). A New York City ' church ran this camp. ' Twentieth Century Cartographic evidence from the beginning of the 20°i century shows that the St. Thomas ' Episcopal Church Children's Home, a summer camp, was relocated, about 1200 ft east of its original location adjacent to Lots 1-10, to the center of the northern portion of the Lots 1-10 study area (Figure 2, Figure 5, East Marion, 1904 and Figure 6, Portion of East Marion, 1909). ' Containing 50 to 60 acres of land, the camp site included a dormitory building, washhouse, chapel, vicarage, tennis court, baseball diamond, and crib and summer house at the beach, as noted in a pamphlet of East Marion History post dating 1977 (Photos 6 and 7) (Wenk, n.d.). ' Employees of the St. Thomas Episcopal Church in New York City were contacted on several occasions in an attempt to gather more information regarding the summer home, its change in location, and any known activity in the area after it was no longer used as a campsite. One employee who was familiar with the Church's history recalled that there had been a fire on the property, which is when the site location was changed (Rachel Shah, June 4, 2003). More ' information was not available regarding the exact dates the camp was established or discontinued, or other activities that may have taken place there. As late as 1947, three of the four buildings shown on previous maps (the two southern buildings and the northwestern ' building) are extant; it is unknown what happened to the fourth structure (Fiure 7, East Marion, 1947). However, local residents recall a fire on the site during the mid-20I century; Ms. Shah also recalled a second fire on the property, which may account for the absence of a fourth ' building in 1947 (Rachel Shah, June 4, 2003). By 1956 none of these structures remain (Figure 8, East Marion, 1956). The site currently retains little evidence of past activity related to the St. Thomas site, except for a few areas of disturbed earth and construction debris, and intense secondary growth in the north of the Lots 1-10 study area (Figure 2). Another early structure in the area was the Life Saving Station, roughly 3500 ft west of the Cove ' Beach Estates Study Area, on the northwestern tip of the area still known as Rocky Point (see Figures 2 and 5). During World War II, the Coast Guard manned the station, disbanding the service in 1948. The building is extant, and was converted into a residence. The area of Rocky ' Point continued to develop over the century, as summer and year round houses were constructed, as well as a fire house (Figure 8). East this neighborhood, where the Cove Beach Estates property is located, the area has remained relatively undeveloped, aside from the St. Thomas site ' (Figure 2 and 8) and some modem homes. During the later half of the century, the Town of Southold began to buy open space in an effort to ' preserve these features from development; east of the property the 22-acre Dam Pond Maritime Reserve is evidence of this, as is the Cove Beach Estates property itself, which donated a large ' Prehistoric and 3-5 Historic Overview 1 East Marion, 1896 e 6 qq u• CN/L DRC NS NOMC 7iC. � =' •� PY'tr�� �51'�• Jii TNO+WAS (PIS. CNJRCR N r [: Y r err.•°Ni `1 < 5 rl 4 5 0 • 4 < <rk�.. • i '', _ - ��• Df[� kitk �• r 1 Y2 IOU's 90 i ii �04ato . ! �, �y��� � Y i ' iti f�� 9 �c •� 1 WA\" a ,Z �`�� 0 It I Is AV 7"o ,F . � • ,\` � HA Vil b I cxe�s �ecic44 v Y/ (1 1 s° •._� ��y R ac�Ci 1'L. f, - 4 y + 17 'r r 4 3 h llr FACTO o� 1' F 2 R � �'r t q 1�+`Voo .�• �l . 7 F 12 O AM �L) 0 Study Area 2500 0 2500 feet H 500 _ _ 0 500 Meters Source: Hyde, 1896 Figure 4 i 1 1 d= ,i 1 Photo 6. View of the main building (to the right) and chapel (to the left) of St. Thomas Summer Home. These buildings burned and were demolished sometime during the mid-twentieth century. They were likely located along the northern portions of Lots 4, 5 and 6. 1 1 1 Photo 7. View northwest along Truman Beach, looking at the Bathing Pavilion and dock of the St. Thomas Summer Home. These structures appear ' to have been north of Lot 5, but evidence of them at the Cove Beach Estates property does not remain. East Marion, 1904 Te r/y 7CIA Rocky , \ \U rr n � l East. b . _ aaa P \ fir\ ♦ / / - �:a ' 101 1 Petere Neck P?. a N\ a \ I � } Q Study Area Source: USGS, 1904 Figure 5 Portion of East Marion, 1909 r {' ST. TMAS CHILDREN HOME ' ✓Q S° I I r p I � �' r- I I • —c�r 1, II `{ p - .. ORIENT HARBOR Q Study Area Source: Hyde, 1909 Figure 6 East Marion, 1947 Terry Pt Rot uSf $ OC �� 4 ~C1. � •s• Z,1 it Oam 25 A \v;,East Mar n /� \\� • \70 ORIENT HARBOR /' � � -,Lok• [� Study Area 2500 0 2500 Feet 500 0 500 Meters Source: USGS, 1947 Figure 7 C East Marion, 1956 M N d► N J7 Y /O M 1r N N M IIl � � � 0<fie.'•. S ne SO As Of n AO N X e Terry . a • A. as Of u 4 4. sr • N n /Huns' • ♦ +' . •.••,w tf n to is �r t es so As'( M AV 13 1p is Qor Rx '•�.. 7 l^ i �a.n ° p•,ent 9 o pam /r Ye:ht C�uD pv ppm • ORIENT e x 2 is is HARBOR ` o /s x Q x S• .� l`, s is t • mKiort C.. 21 of W. t � ��' ; • e GARDINERS m BAY a Q Study Area Source:USGS, 1956 Figure 8 .� 'I' � # •4rx 1 � .Ya/ ti As part of their DEC wetlands permit application, Cove Beach Estates, LLC was requested to ' determine the impact of planned development upon archaeological resources. The New York State Historic Preservation Act of 1980 affords protection to archaeological resources meeting the eligibility requirements for inclusion on the National Register of Historic Places. Per a ' telephone conversation with George Hammarth of the DEC, it was agreed that Cove Beach Estates, LLC would focus its efforts exclusively on the building envelopes of Lots 1 through 12 (Figure 9, Cove Beach Estates Study Area) (Hammarth, April 24, 2003). For Lots 1 through 10, ' this building envelope is set back 100 feet (ft) from the bluff overlooking the Sound. The only planned construction activities outside of these building envelopes are driveways that will ' connect each house to the proposed new access road. The objective of this archaeological reconnaissance survey is to provide the documentary and ' physical evidence necessary to determine the potential for archaeological resources to be impacted by construction within the building envelopes of Lots 1 through 12 (Figure 9). This effort involved background research, a walkover survey, subsurface testing, and laboratory analysis of the recovered artifacts. The general methods followed for each of these tasks are provided below. This survey followed the general recommendations of the New York Office of Parks, Recreation, and Historic Preservation (SHPO). 4.1 Background Research 1 As an initial phase of research, the goal of background research is to determine the potential for the presence or absence of archaeological resources and to develop appropriate contexts against ' which to assess the importance of any finds. In order to develop necessary background information on the environment, prehistory, history, and known cultural resources in the area, research was conducted at the following repositories: ' • New York SHPO, Peebles Island, NY; ' • New York State Library, Albany, NY; • New York State Museum, Albany, NY; • New York Public Library, New York, NY; ' • Southold Historical Society, Southold, Long Island, NY; and • Floyd Memorial Library, Greenport, Long Island, NY. ' This effort also involved personal communications with individuals knowledgeable of past site activities. Employees of the St. Thomas Episcopal Church in NYC were contacted to find out more information regarding their summer camp in East Marion (Rachel Shah, June 4, 2003). ' Employees of the Peconic Land Trust, who helped clear some of the Cove Beach Estate Lots while field work was conducted, provided valuable information and documentary evidence of prior activity (Ashlee W. Reiniger, May 28 and June 8, 2003). Several area residents who were ' Research Design/ 4-1 Survey Methods 1 Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York walking through the Cove Beach Estates property while fieldwork was conducted also shared information regarding past activity within and around the project area; however, the names of these people were not taken. — 4.2 Field Methods - Fieldwork consisted of a walkover survey and subsurface testing. The walkover survey involved — observation and documentation (through photography, maps, and/or field sketches) of the following: • Location, condition, and extent of known sites in project area; • Past and current land uses; • Topography, vegetation, and hydrology; • Nature and extent of historic and modern ground disturbance; and • Evidence of historic and/or prehistoric activity. Subsurface testing was conducted in order to determine the presence or absence of archaeological resources and gather general information regarding the area's stratigraphy. Subsurface testing consisted of the excavation of a series of 15-inch (in) diameter circular shovel test pits, excavated in each lot's building envelope. Tests were laid out in either roughly linear transects, small grids, or individually, depending on the following factors: • Perceived archaeological potential; • Uniformity or variability of the topography; • Evidence of significant ground surface disturbance; and • Accessibility of ground surface. On certain occasions, portions of lots with dense ground cover and little variability in topography were avoided when alternative areas with less ground cover were discovered. Shovel test pits established along transects or in grids were generally spaced at an approximately 33 ft interval. Shovel test pits were excavated by hand using shovels and trowels. All excavated soils were screened through 0.25-in hardware cloth. All recovered artifacts were placed in ziplocked plastic bags and labeled with the test number and stratum. Each location was excavated until sterile subsoils were encountered except on a few occasions when large buried cobbles impeded further excavation. Pits were excavated in natural stratigraphic levels. The location and excavation records are provided in Appendix A. The locations of shovel test pits were marked with surveyor's pin flags during excavation. A unique numerical name (a Test #) was assigned to each and written on the pin flag. Mapping the location of these test pits was established by measuring off existing building envelope stakes, surveyed in by Young & Young, Land Surveyors, with a cloth metric tape to measure distance, Research Design/ 4-2 Survey Methods ' Cove Beach Estates Study Area Lot IN ' Lot 2 i ' Lot ' Lot 4 of 5 ' Loth � Lot 7 7 Lot 8 Lot 9 Lot 1 OA n � o� Lot 1 Sm r Cave Beach Es400 0 400tates N j---� Scale in Feet I '---� study Area tzo o 120U1 BUg EnVBIOpa Scale in Meters n Source: young & Young, Land Surveyors, 2002. Figure 9 V ' Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York ' and a handheld compass to calculate angles. Maps supplied by Young & Young, showing the building envelope stakes and the paved and roads were used to mark the location of individual pits in the field. ' All field data were entered into field notebooks. Excavation information, including provenience data, complete soil descriptions, and lists of collected artifacts, were entered into these notebooks ' as work progressed. ' 4.3 Laboratory Analysis ' At completion of fieldwork all recovered artifacts were taken to the Earth Tech archaeology laboratory for processing. The artifacts were brushed and washed to facilitate identification, sorted, catalogued, and computer inventoried. The complete artifact catalogue is presented in ' Appendix B. Historic/Modern Artifacts The process of cataloguing historic artifacts involved collecting information on several attributes for each artifact. Table 4-1 provides a list and description of these attributes. Table 4-2 provides ' a breakdown of the several Functional Groups, and their respective artifact classes, by which the assemblage was sorted. Several reference works were utilized during the artifact identification, dating, cataloguing, and analysis stages of laboratory processing for the Cove Beach Estates ' collection. The dating of artifacts from such a highly fragmented assemblage is always problematic, ' however, there are numerous reference works considered standard by most professionals in the field of historic archaeology. The dates used for historic ceramics in this analysis were taken primarily from Noel Hume (1976) and South (1972), with additional information regarding ' diagnostic stylistic and decorative changes or refinements derived from Coysh and Henrywood (1982). Glass references include Munsey (1970), Noel Hume (1976), and Lief (n.d.). Dates and descriptive information for other classes of artifacts were taken from Busch (1981), Lifsey ' (1973), Noel Hume (1976), Peterson (1976) and Stehling in Geismar(1996). 1 Research Design/ 4-3 Survey Methods Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York Table 4-1 Historic Artifact Attributes Functional Food Service, Describes the general type of activity the artifact is Group Architectural, etc. reflective of. Artifact Historic Ceramics, More narrowly. defines the activity the artifact Class Nails,Window Glass, etc. represents within the broader functional group. Material Wood, glass, iron, etc. The primary material that the artifact is composed of. Type Whiteware, redware, A term describing a diagnostic attribute of the artifact, aqua glass, etc. where relevant. Element Fragment, bodysherd, The portion of the original object that the particular spall, etc. artifact was once part of. Specific For certain artifact classes, specific date ranges are Date Range 1850+ available based on documented ranges of manufacture. General POth century This field describes the century or portion of century Time Period during which the artifact was likely manufactured. Comments Motif and/or vessel More specific information concerning the artifact and corm any diagnostic aspects or details. Research Design/ 4-4 Survey Methods 1 ' Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York ' Table 4-2 Historic Functional Groups and Artifact Classes Historic Ceramics ' Food Service/Preparation/Storage Bottle/Container Tableware Glass ' Architectural Materials Construction Materials Nails ' Furnishings Decorative Furnishings Clothing Related Fastener ' Smoking Pipe Smoking Pipe Faunal Remains Shell ' Public Services Related Activities Group Miscellaneous Artifacts 201"Century Debris Not Assigned Unspecified ■ Research Design/ 4-5 Survey Methods sam"M W4 5.1 Results of Background Research A site file search conducted at the New York Office of Parks, Recreation and Preservation, also ' known as the NYSHPO revealed that five previously identified archaeological sites and one National Register-listed site are located within a 1.5-mile radius of the project area (Figure 10, Previously Identified Cultural Resources in the Project Area Vicinity). These resources are listed ' in Table 5-1 below. Table 5-1 ' Results of NYSHPO Site File Search ' 1No Al 03-10-0252 information No information Dam Pond 2 A10210.00.1165 Historic Early 19th century East Marion ' Windmill 3 At 0310.001297 Prehistoric No information Orient Islates 4 A10310.001295 Prehistoric Late Archaic Period Peconic Landing Prehistoric Site #2 5 A10310.001294 Prehistoric Probably Late Archaic Peconic Landing Period Prehistoric Site #1 ' National Register- Late 18th to early 19th Orient Historic Register- listed Historic N/A Historic District I I centuries District Of the archaeological sites, three contained prehistoric remains, one contained historic remains, ' and the cultural affiliation of the fifth site was unspecified. The Orient Islates site was located in a wooded area near Orient Harbor, and was comprised of only six isolated pieces of quartz _ debitage, the remains of tool making; the archaeologists studying this site in southern East Marion believed this to be evidence of a prehistoric site located near an adjacent tidal inlet (Figure 10). Peconic Landing Prehistoric Sites 1 and 2, located northeast of the Town of Greenport, and closer to Long Island Sound, were identified through a series of archaeological surveys (Figure 10). Both sites were concluded to be part of the Late Archaic Small Stemmed Point Tradition of northeast North America, and are likely from the same occupation. Site #1 Results 5-1 Results Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York contained approximately 760 artifacts, including quartz tools and debitage; Site #2 contained over 160 artifacts. The East Marion Windmill was a wind-powered gristmill built in 1810, on the site of a previous windmill (built in 1760), and was one of the few remaining mills still operating in the beginning of the 201h century (Figure 10). The building no longer stands, but was important in the development of windmill technology and as a part of the industrial and agricultural history of the Town of Southold. An archaeological site inventory form was submitted to the NYSHPO identifying the approximate area of the Dam Pond site, noting it's general location on the west side of Dam Pond (Figure 10). A call was made to Mike Schifferly at the NYSHPO, who reported that they have no further information for the Dam Pond site, though he believes the form was probably filled out in the 1970s when the Suffolk County Archaeological Association (SCAA) (Schifferly, June 4, 2003) conducted a comprehensive cultural resource study. Dr. Gaynell Stone from the SCAA was contacted, and she noted that the Dam Pond site was listed in their files for the village of East Marion under site #735, but no further information was located at their repository regarding the nature of the site (Personal communication, June 19, 2003). Evidence recovered at the Floyd Memorial Library in Greenport provides a clue to the identify the Dam Pond site; a map produced by the Town of Southold in 1965 for their 325th anniversary indicates two "Indian villages" on the west side of Dam Pond, on the north side of its spur, southeast of Cove Beach Estates. No further information regarding these Indian villages is mentioned in the accompanying town history, and it is only their locations that suggest they are related to the Dam Pond Site. The National Register-listed Orient Historic District encompasses over one hundred dwellings and public buildings from the late 18th to early 19th centuries, located on 60 acres of land in Orient, Long Island, stretching from Truman's Beach to Orient Point (Smith, 1976). The hamlet of Orient still retains its traditional atmosphere as a 19th century seafaring and agricultural district. 5.2 Cartographic Analysis A series of historic maps were reviewed to identify changes in land use at Cove Beach Estates and the immediate vicinity. An 1873 map of East Marion (Beers, 1873) depicts the shoreline of Orient Harbor. Dam Pond is shown connecting to Orient Harbor via a channel, with road segments of Main Road (later Route 25) to the east and west. The H. H. Horton Grist Mill was located on the western spur and utilized tidal waters moving from the harbor to the pond and back as a power source. Documentary information suggests that at this time, residents could travel from East Marion to Orient via a road running northward along the western edge of Dam Pond, and then along Results 5-2 Results Previously Identified Cultural Resources in the Project Area Vicinity _ eo 17 JAM ^ J { . r x ` ..meq N. npAY ✓ �A� P )rOi.lH 7 ` a. soft T .H Q L D L AL � 1 r: \ ."r P' 4 Fr Jr > t L���,. �' bra! a; Nds• '� � ! ���`-'�` • Previously Identified 2400 0 2400 Feel Archaeological Sites IN 0 Study Area 600 0 400 rnetem Q Orient Historic District (National Register-listed) ' Source:USGS,1956. Figure 10 Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York ' Truman Beach and into Orient. However, no cartographic evidence was discovered to support this scenario, and Truman Beach's sandy and gravel composition would have made travel _ difficult. The 1894 USGS map (Figure 3) shows Main Road as extending, unbroken from Rocky Point to ' Orient, suggesting that a causeway had been constructed over the channel between Dam Pond and Orient Harbor (Town of Southold 2003:Section II, 10). This map also indicates two areas of swamp or wetland to the west of Dam Pond, one immediately along the shore and the other ' further inland, closer to Lot 10 (Figure 3). The eastern and northern portions of Cove Beach Estates appear partially cleared and parceled on this map; the western portion appears forested. No structures are shown. ' Offshore measurements from the 1894 map show a uniform depth of seven ft along the central area of Truman Beach, corresponding to the eastern shore of the project area and the area to the immediate north of Dam Pond (Figure 3). The offshore depth along the entirety of Truman Beach then grade upward to an unusually uniform depth of 3.5 ft. Depths are more varied further to the north and east around Orient Shoal. These measurements are suggestive of efforts to ' reinforce Truman Beach with offshore dredging and piling debris along the shoreline. Coupled with the possible earlier presence of a roadway, these data suggest Truman Beach had been significantly modified earlier in the 19th century. ' The 1896 Hyde map (Figure 4) indicates a large structure northwest of Lots 1 through 10 (Figure 9). This structure is labeled "Childrens Home/St Thomas Epis. Church NY." The ruins of a ' wood-railed staircase leading from the bluff top to the beach in this area may have once been associated with this structure. According to sources at St. Thomas Church in NYC, this building was a summer camp that, due to a fire, was later relocated to the east. ' The new location of the St. Thomas summer camp is depicted on a 1904 USGS map (Figure 5) as within the eastern half of the Lot 1 through 10 area of Cove Beach Estates. This 1904 map . shows four structures, two larger ones, located close to the Sound, and two smaller ones, located immediately behind the first two, further from the Sound. Photos 6 and 7 depict some of these structures. The original structure indicated on the 1896 map (Figure 4) is no longer present on this map. Access to these structures from Main Road appears to be by an unimproved road (indicated with a double dashed line on Figure 5). This map also indicates a small wetland to the east of Lots 1 through 10. A Hyde map from 1909 (Figure 6), which was traced from an original map for inclusion in this report, indicates a similar configuration and location for these four structures. On this map the structures are labeled "St. Thomas Childrens Home." Although the access road depicted on the 1904 map is still present on this one, a new access road to the east of the first is also depicted. This new road extends northward from Main Road, across an inlet of Dam Pond, a projecting finger of land, labeled Addisons Point, and the property of Herbert Schellinger. It then curves to the east, possibly avoiding the wetlands pond east of the study area (Photo 2), and then to the Results 5-3 Results Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York northwest, along Truman's Beach to the St. Thomas site. However, evidence of this road was not noticed in the field, and it is unclear whether it ran east or west of the wetlands. A 1947 USGS map shows only three of the four structures associated with the St. Thomas site (Figure 7). Documentary and photographic evidence suggests that it is the parish house that is no longer present, previously located in the northeast quadrant of this site (Photos 6 and 7). Employees of the St. Thomas Church in NYC as well as East Marion residents, remember another fire occurring at the summer camp during the mid 20`s century, which could explain the missing structure. The access road also appears to have been changed as compared to earlier maps. On this map, the western access road appears to no longer fork at its northern terminus, and the eastern road no longer appears to extend all the way to the beach. Instead, this eastern roadway only extends roughly 700 ft north of SR 25, to two new structures, and is not shown crossing the western spur of Dam Pond. The 1956 USGS map (Figure 8) was executed from photogrammetric information and field checked. This topographic map was rechecked in 1976 and no significant cultural or drainage changes were noted (NYSGIS, 1956 and 1976). None of the structures once associated with the St. Thomas Summer Home, or any new ones are present in Cove Beach Estates. The access road is still depicted, although with a slightly different configuration. This map (Figure 8) also indicates a small but very straight channel extending west from the northwest corner of Dam Pond. A previous landowner indicated that during the Great New England Hurricane of 1938 Long Island Sound had broken through Truman Beach and connected with Dam Pond (Mandia, n.d.). In the aftermath the U.S. Army Corps of Engineers had constructed the channel between Damp Pond and the wetland, apparently as a flood control measure. This information suggests the reconstruction of Truman Beach as a heavily modified structure in an area prone to heavy flooding. Another local informant recalled that during World War II the areas of Lots 11 and 12 were plowed and planted with vegetables, possibly cauliflower. This may account for the level topography and deep rich topsoil in this area. Topographic information on the 1956/1976 map is problematic. The finger previously labeled Addisons Point is indicated by a dotted contour that does not connect with other contours. Still more interesting, however, is the fact that the elevated portion of Truman Beach is indicated by a single oblong contour that does not join with the landmasses to either the west or east. The elevation of this contour is unclear, but these data have been abstracted in the current New York State Department of Transportation Raster Quadrangle (NAD 83 datum) (NYSGIS, 1956 and 1976) and in effect depicts Truman Beach as an island. Also noted on the 1956/1976 map are areas of gravel mining. Landscapers in the area noted that sand mining had been conducted over the past 50 years in the area around Cove Beach Estates; the map suggests that mining was particularly intensive along the mid western portion of Cove Beach Estates (Figure 2 and 8). Results 5-4 Results 1 ' Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York 5.3 Results of Reconnaissance Walkover t Prior to initiating subsurface testing, a reconnaissance walkover was conducted in Lots 1 through 12. During this walkover, the field team identified the following evidence of past ground surface disturbances: ' • A varied patchwork of ground cover, with some areas being forested, some very heavily vegetated with scrub brush and only occasional mature trees, and some ' areas that have been cleared (Photo 8); • Specific areas where the prevailing vegetation are indicators of past ground disturbance (such as wild grape vine); ' • Numerous shallow pits, low mounds, and piles of gravel; and • Locations where modern dumping has occurred. ' Limited evidence of historic activity was also observed. This evidence consisted of a possible foundation pit and occasional building debris (Photos 9 and 10). The possible foundation pit was observed along the western edge of Lot 5's building envelope (Figure 9). This area was highly ' overgrown with shrub brush and wild grape vines. The pit was irregular in shape and contained no evidence of building material, suggesting that it in fact was probably not a former foundation but instead an unknown disturbance. Shovel test pits excavated in this area did not encounter any tcultural material. Small amounts of building debris were observed in several locations and consisted of brick wall fragments, individual bricks, and concrete fragments. These remains were observed in the southern portions of Lots 5 and 6. 1 ' 5.4 Results of Subsurface Testing Based on the presence of previously identified prehistoric and historic sites in the general ' vicinity of Cove Beach Estates (Section 5.1), the results of cartographic analysis (Section 5.2), and the walkover (Section 5.3), it was assumed that Lots 1 through 12 have a moderate potential for archaeological resources to be present. In order to evaluate this conclusion, a subsurface testing program involving the excavation of shovel test pits was carried out. Between May 13th and 30`s, 2003, a total of 206 shovel test pits were excavated at the Cove ' Beach Estates property. As discussed in the field methods section, these test pits were either located within or, in a few locations, immediately adjacent to the building envelopes of Lots 1-12 (Figure 11, Results of Testing - Lots 1 to 10 and Figure 12, Results of Testing - Lots I 1 and 12). ' An average of about 17 shovel test pits were excavated within each building envelope, depending on its size, along either linear transects, small grids, or as isolated, judgmental pits. The most pits were excavated in the Lot 1 building envelope (Photo 8), 26, as it was the largest of all of the lots. The results of subsurface testing are summarized in Table 5-2. ' Results 5-5 Results 1 Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York Table 5-2 Results of Subsurface Testing — 1 26 0 0 0 0 No cultural material — 2 14 1 7 1 <1 One unidentified iron fragment 3 19 2 11 3 <1 Two charcoal fragments; one coal -- fragment Low concentration of scattered historic 4 19 4 21 983 39 and modern remains including many tin can fragments 5 17 5 19 29 12 Low concentration of scattered historic and modern remains _ Low concentration of scattered historic and modern remains, including many 6 16 7 44 97° 39 charcoal fragments; eleven glass bottle/container fragments; one shell — fragment; nine fragments 20th c. debris Low concentration of scattered historic 7 16 3 19 18 7 and modern remains, including four charcoal fragments; two hard shell fra ments 8 18 0 0 0 0 No cultural material — Low concentration of scattered historic 9 18 2 11 1 <1 and modern remains including one historic ceramic; one charcoal fragment — 10 13 0 0 0 0 No cultural material 11 14 1 7 2 <1 One charcoal fragment; one historic -- ceramic fragment 12 16 0 0 0 0 No cultural material Total 206 25 12 249 Notes: 'Percent of pits excavated in lot containing artifacts. 2Percent of the total artifact assemblage. 382 of these artifacts are small rusted fragments of a single tin container. 480 of these artifacts are charcoal fragments from a single deposit. Results 5-6 Results A ��, �. ;. x Y �� �'� ' of .:� fi - +fyJ' � . j � ,. ,.._may,.. ��. � � 'y 'r i � � T r r ' �, . � L � ��� �_ i +� <�� ,.'?;� � � '�.- -� s r � _i ./ i ��- _ .. � � .3' � � � Z. � i � '� •' _ G i. F ,'��•pC t � Y A a j t i i • • • •• ••• •• Results of Testing - Lots 1 to 10 1.11 ;• L 1.172 Lot .k.••• •1. 6 1.1.8 1.1� •1.: .9 •` 1.1� •1. 10 1.1.11 •1.1.1 - 14• 01.1.15 1-1.13 't'• s, 116 .3.1.36 .�•. ,. . _.� , •1.1.16 r .ig laad .StandLot 2 :F ' .r \ •1.1.19 A 1.1.20 '••. �. . 2.2 2.2.8 L 1.1.2{ •1.1. a € - £E( ' `•�...�c 1.1.\ 02.2. 2.219 h'•�h _."-. ".+- - £ - < a i.:--- _ pp •`h tt ! E f \ \ Lot~�•• MOW f c \ p` 02.1.5 € S >£ I p y! 1 -,92.14 \ ,92.11 .2.60• .5 = -\ j •. .2-23 �w " ! ! �F ! £ ; ' '\ t 2.2 3.1.1 2- • :\ •� 3.1.7• ! Lot 4 I••. ♦„y :. _ 03.1. - 3.13• pf 4.2.2,2w f •,�••�„ s 1 (i€ t \ f 320.3 2.3 • 1.9 € .; -51 Lot ST 0 21 03 ,\ 1i « 03.1.13 �Q A2O. • t 05-' 3. 1 • / £ tit T •• f 3 ................. 1.4 '\ 3.1.12 € 4.26 1 05:179 • .lt f Lot �•"•• `h. t •6. . s;YA 0 .1.4 - € 7.23 3.1.10 ( 4.1.5 6 f 06.2.2 03.1.9 € € s2!6� •6.23 If € Lot 0 .7.1.1 A2.73.1 1 • 05.13 • >3 •'.297.12 € y� Lot 9 04 € ••f'•... ; ,\ 1 F' " • .1.4 € 8.1.1• ,{ t 0A29 5.2.9 Q' 62.6 � � / 07.1.3 •. `°` '• p4. 0 Al ;� 5.1.60 €` • 13:. .� 1 .2 8.1.20 € •9.2.1 } • ` t 5.1.7• 1 06.2.7 0 1 , f i � •' i € Qu.3- _- ! • 9.1.1 Lot7 A€ 1 6.1.3• € p 6212 �� 9,. 5.1.8 QQ (] ('6.2.8 ( I 9.2.3 T .7#$ 07.2-6 07 Sy- 2.4 + •8 41 F \; 7 06.2.9 ) .1. 07.2.7 .230 • Ie09.2A 0 ' �•• b f d ' 0 . • .1..7. ___._..__.__. • 0.2.11 0.2.33.1.9 (77.2.8 07 1.7 •822.5 0.2.1. •7.2.907.1. •8.76 0 5• 9.1.3• 1 0.2.2 10.2.9 10.2.10 0.2-382 •� .9 •8.2.8 • (]'1.8 .2.6 9.1.4 0 ? 0.2A 10.2.8 •� - - 08.2.9 9.2.70 09 .5 0.2.7 ' •\ 199 30.2.6 .90 •9.2.8 0 .2-7 •• 8.2.1 9.1.6• SB 10.2.5 .119 • Shovel Test Pit 200 0 200 400 Feet 6 ' 0 Shovel Test Pit-Modem or historic artifact so D 50 100 Meters Building Envelope - •-•• Cove Beach Estates ' •--••---- Study Area Lot Boundary Figure 11 ' Results of Testing - Lots 11 and 12 i ' Lot 11 ' 1 1.9 • ' � 1.1.5• •.\ `� • t • 31. 7 � t Lot 12 12.2. 01 .6 •• � � � .1.6• •1 2.3 ♦ 11.2.5 1 •1 2.2 s •11. 5 12.1.5 • a 11.2. • 2.21. 11.2 O •11. 4 012.1.4 ♦% 1 .2.2 • • 1 .3 ' ` •11.2.1 • .1.2 • 12.3.4 912.1.3 ' •'12. • • 12.1.2 � r •'. '\ 12. .2 • :2.3.6 12 1 4`1 r +�•�,:�:;.;:i^�•.i"� ' .12. .1 • 1 s . !.. .., ..•:;i ` • Shovel Test Pit 50 0 50 100 Feet N O Shovel Test Pit-Modern or historic artifact •= Building Envelope 20 0 20 40 Meters 4 •• Cove Beach Estates ' ......... Study Area — Lot Boundary Figure 12 Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York Artifacts were recovered in only 25 (12 percent) of the excavated pits, with the remaining 181 being sterile. A total of 249 artifacts were recovered from these 25 pits. The entire artifact assemblage consisted of assorted historic and modem refuse, although the majority of these finds (76 percent) were either coal refuse or fragments of a tin can encountered in test pit # 4.2.3 (Figure 11). No prehistoric artifacts or features were encountered in any of the test locations. Subsurface testing revealed a low concentration of scattered historic and modem debris. Based on the following observations, it appears that Lots 4, 5, 6, and 7 were the location of historic activity, likely associated with the St. Thomas site indicated on historic maps dating to as early ' as 1904, discussed earlier in Section 5.2: • Approximately 97 percent of the artifact assemblage was recovered from Lots 4, ' S, 6, and 7; • The only excavated architectural remains (six artifacts) were recovered from Lots ' S and 6; • The majority of the architectural debris observed during the walkover was encountered in Lots 5 and 6; and ' • Almost half of all shovel tests containing historic artifacts were located in the southern portion of Lots 5, 6, and 7. ' Aside from a small number of isolated artifacts, cultural material was absent from the remaining eight lots (1 through 3 and 8 through 12). Section 5.4 provides a more detailed discussion of the recovered artifacts. ' The stratigraphy encountered during subsurface testing is comprised of three basic stratum, an organic topsoil horizon (AO), a leached horizon (Al), and an accumulation horizon (131) ' (Appendix A provides the excavation record). These stratigraphic layers were present throughout the site, though subtle variations in these layers were detected across the site suggesting that the eastern half of the site had at one time been a beach. The topsoil across the site is loamy sand, ' and ranges from a maximum depth of approximately four in to being locally absent. In the easternmost units, especially Lot 10, the topsoil was essentially comprised of a dense root mat with some accumulation of organic material and sand (Photo 11). The depth of the topsoil in the east was often difficult to determine due to the thick roots and accumulations of organic materials, but often was as little as two in. In contrast, the southwestern most units in Lot 1 were characterized by well-developed sandy loam, ranging up to eight or four in in depth. Topsoil was ' absent, however, at higher elevations along the bluff line in the northwest, probably due to modern disturbances and aeolian processes. The presence of well developed topsoil at higher elevations (except the bluff) and poorly developed topsoil at lower elevations is indicative of ' higher groundwater and runoff in the easternmost units, in proximity to Dam Pond and associated wetlands. It also indicates that soil formation in the east is more recent than in the west. ' Results 5_7 Results Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York The leached horizon (Al) throughout the site is characterized by sandy loams. Once again, however, the soils in the west were better developed, moist, and often compact. To the south, in the area of Lots 11 and 12, they were more uniform and compact, characteristics of agricultural soils (Photos 12 and 13). Considerable variability was also noted in the thickness and composition of the Al horizon, suggesting these soils formed across complex topography. In specific terms, it was difficult to determine in some cases whether the soils should be characterized as sandy loam or loamy sand, as grain size and angularity varied. It is suggested that these soils formed across a topographically complex beach surface, which as noted above, rose to the south and west, but which also undulated. The numerous depressions that would be found on such a surface provided an environment for additional sorting of sands, cobbles, pebbles and gravels. The presence of heavy fractions such as sands, pebbles and gravel, and even cobbles in some units, while absent in adjacent units, is another indication that wave transport and sorting of sediments took place on a topographically complex surface. The accumulation horizon (B1) found in the area was comprised of sand, which in some units was described as loamy or even silty sand. The sand horizon was found across the entire site, and closer to the beach overlaid another lighter colored sand horizon at a depth of more than 20 in. The presence of cobbles, pebbles, and gravels again indicates sorting of material. The presence of such variation even in Lots 11 and 12 shows that the beach stretched a considerable distance to the south toward East Marion. During subsurface testing, artifacts were recovered from both the topsoil horizon (AO, Al, and A2) and the subsoil (B1 and 132). However, the cultural material recovered from the subsoil is more a reflection of soil disturbance than depth of deposition. Table 5-3 provides the vertical distribution of artifacts at Cove Beach Estates. 5.5 Results of Laboratory Analysis A total of 249 artifacts were recovered from the Cove Beach Estates test excavations. The artifact assemblage consists of scattered historic and modern debris, and the artifacts are in a highly fragmented condition. The highly fragmented condition of most of the historic materials recovered made dating difficult, and, in most cases,precise dating impossible. The 249 identified historic artifacts recovered from the Cove Beach Estates shovel test pits were identified to eight Functional Groups within the overall artifact taxonomic classification system used during cataloguing and analysis. These broad functional groups were: Food Service/Preparation/Storage (26 artifacts, 10.4 percent of the total artifact assemblage; Architectural Materials (6 artifacts, 2.0 percent); Furnishings (1 artifact, 0.4 percent); Clothing Related 1 artifact, 0.4 percent); Smoking Pipes (1 artifact, 0.4 percent); Faunal Remains (5 artifacts, 2.0 percent); Activities (121 artifacts, or 48.6 percent); and Not Assigned (89 artifacts, 35.8 percent). The complete artifact inventory appears as Appendix B. Results 5_8 Results 1 1 i 1 1 1 fit 1 Photo 12. View northwest in Lot 12, showing typical topography of Lots 11 and 12, lightly wooded, level with some briers and other secondary growth. 1 1 1 1 Photo 13. View north from the northern portion of Lot 11, showing the typically open, level topography of this area. 1 ' Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold New York Table 5-3 Artifact Totals by Stratum by Lot ' 2 0 1 0 0 0 3 0 1 0 2 0 ' 4 0 12 3 0 83' 5 14 2 0 13 0 ' 6 21 87+ " 0 0 0 7 2 1 0 3 0 ' 9 0 1 0 1 0 11 0 2 0 0 0 ' Total 37 107 3 19 83 Notes: " 82 of these artifacts were fragments of a very rusted tin can. " Four of the artifacts from this category were located in a buried A layer. Within the broad functional groups, the artifacts have been further assigned to eleven Artifact ' Classes. The breakdown of artifact class by lot appears as Table 5-4. ' The seven Historic Ceramic sherds identified in the assemblage have initial dates of manufacture in the mid-19th century. However, the date ranges of production for the ceramic ware types continue throughout the latter half of the 190i century, and continue well into the 200' century. The presence of sherds or whole vessels with identifiable maker's marks usually enables more precise dating of ceramic artifacts. The identification of certain vessel forms, sometimes together with particular decorative motifs, can also help to more narrowly date ceramic artifacts. ' Results 5-9 Results Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York Table 5-4 Artifact Totals by Class by Lot Ceramics 3 2 1 1 7E66.. B/C Glass 2 4 11 17Tableware 2 2ConstructionMaterial 4 4 Nails 1 1 2 0.8 Decorative 1 Furnishings 1 0.4 HFasteEner 1 1 0.4 _ nE 1 1 0.4 Shell 2 1 2 5 2 Public 1 Services 1 0.4 Misc. Artifacts 3 2 13 84 5 1 108 43 Unspecified 1 F F 84 1 3 1 1 1 1 89 36 20th c. Debris I 1 1 1 10 1 1 11 4.4 Totals By Lot 1 1 3 1 98 29 1 97 1 18 1 1 1 2 249 100 The historic ceramic sherds identified from the Cove Beach assemblage displayed partial maker's marks. The first, an undecorated ironstone basesherd, was recovered from test number 9.2.3, Stratum Al. The partial mark consists of "...P. CO. over ...in U.S.A." printed in underglaze green. This mark is too incomplete to identify. Based on the specific ceramic ware type and the green printing, this sherd has been dated post-1850. The second marked ceramic sherd was recovered from STP 5.2.7, Stratum B 1. This partial mark, on an undecorated ironstone basesherd, consists of "Rd..." in underglaze green within a box. This mark represents a partial British Registry Mark. Following the passage of the Copyright Act of 1842, it was possible for designs or shapes to be registered at the London Patent Office. The registry mark gave protection from copying or piracy for a three-year period, after which the protection could be continued for an additional period by re-registration. From 1843 to 1883, the registry marks were diamond- shaped, either impressed or printed on the base of the vessel. Beginning in 1884, these diamond- shaped marks were replaced by the letters "Rd No." with the following numbers indicating the year the design was registered. It should be noted that the date recorded the time of the Results 5-10 Results ' Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York ' introduction of a design, and was not necessarily the date the vessel was potted. Such marks were often used for many years, often far beyond the time protection was provided for by the Copyright Act (Wetherbee 1980; Coysh & Henrywood 1982; Kovel & Kovel 1986). The ' ironstone basesherd identified in STP 5.2.7 has been dated post-1884, based on the style of the registry mark. ' Seventeen sherds of Bottle/Container Glass were recovered from the STPs. Ten diagnostic sherds from a Mason-type bail seal jar lid, dated post-1875, were recovered from STP 6.2.8, Stratum AO.The remaining bottle/container glass sherds were too small to date. Two sherds of Tableware Glass were identified from test number 4.2.2, 2W, Stratum Al. These ' sherds likely represent a drinking glass, or tumbler, and remain undated. Few Construction Materials were recovered including two small fragments of red brick and one ' of concrete. For the most part, these artifacts are not temporally diagnostic. Two iron wire Nails were identified in the assemblage. These have been assigned the general date of 20th century. ' One Decorative Furnishing related artifact was identified from STP 5.1.8, Stratum A0. This artifact, a sherd of iridescent Carnival type glass has been dated post-1905. ' One clothing related Fastener was recovered from STP 4.2.4, Stratum Al. This artifact, a copper alloy grommet, measuring 3/8 in in diameter, remains undated. ' One ball clay smoking pipe Pipestem was identified in STP 5.2.7, Stratum B1. The bore diameter measured 4/64th inch. The pipestem is undecorated and unmarked, and remains undated. ' Five artifacts representing faunal remains have been identified, all of which were shell. Most of this shell represent hard shell clam fragments, the rest were too weathered and abraded to identify to species. These artifacts are not temporally diagnostic. ' Miscellaneous Artifacts such as coal and charcoal have been identified across the STPs. The nine coal fragments likely represent furnace related waste; the 98 charcoal fragments may be the ' result of either man-made or natural fire activity. Eighty of the pieces of charcoal, recovered from STP6** were from a single object***???These artifacts are not dateable. 20`h Century Debris was recovered from STP 4.2.4, Stratum Al and from STP 6.1.7, Stratum AO and Al. Identified artifacts include automobile window safety glass, opaque white plastic fragments, a white metal foil, possible wine bottle closure, and an iron key with rolled metal ' from a coffee or food can. Unspecified artifacts are those that have not been assigned to a specific functional group. Of the ' 89 unspecified artifacts from the Cove Beach assemblage, 82 of them represent iron can fragments, likely a single can, of unknown function, recovered from STP 4.2.3, Stratum B1. ' Results 5-11 Results Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York As stated above, the identified historic artifact assemblage recovered from the Cove Beach Estates test excavations appear to consist of scattered, highly fragmented debris, much of which was not dateable. Results 5-12 Results a Cove Beach Estates is located in East Marion, NY. This 104-acre property is being subdivided ' for construction of 12 residences. The 12 residential lots will comprise a total area of approximately 33 acres, with the remainder of the property being preserved as open space, with the exception of a new access road. All planned construction within each lot, will be constrained ' within a building envelope. The combined area of these building envelopes is approximately 11 acres. The primary objective of the present archaeological reconnaissance survey is to determine the presence or absence of archaeological resources within these building envelopes. Completion ' of this survey involved background research, a site walkover, the excavation of 206 shovel test pits, and laboratory analysis of collected materials. ' Based on the presence of previously identified prehistoric and historic sites in the general vicinity of Cove Beach Estates (Section 5.1), the results of cartographic analysis (Section 5.2), ' and walkover reconnaissance (Section 5.3), it was assumed that Lots 1 through 12 have a moderate potential for archaeological resources to be present. However, subsurface testing revealed only a low concentration of highly fragmented historic and modern debris, very little of ' which was diagnostic, and the absence of any prehistoric remains. Only 249 artifacts were recovered, the majority of which were coal refuse and highly fragmented pieces of tin. The few diagnostic artifacts all dated to either the mid to late 19th or 20th centuries. ' Both the absence of any prehistoric remains and the very low concentration of historic remains were unexpected. The absence of prehistoric remains is likely a reflection of both poor site preservation and a less attractive environment for occupation during prehistory. Site preservation is likely poor due to the repeated erosion and redeposition of sediments across much of the site due to both storm events and smaller-scale processes. The site may have been less attractive for ' prehistoric settlement before the creation of Dam Pond, when much of Cove Beach Estates was likely a peninsula exposed to Long Island Sound (Section 2). The majority of previously ' identified prehistoric sites on eastern Long Island are located near sources of fresh water such as kettle hole ponds. Fresh water sources on Cove Beach Estates are very limited. ' Of greater surprise was the absence of concentrations of historic domestic refuse, food remains, and building material associated with the 20'h century St. Thomas Episcopal Church summer camp (referred to on multiple historic maps as "Childrens Home"). The St. Thomas Episcopal ' Church, which is located in New York City, was contacted numerous times as part of this archaeological survey in an effort to gather information regarding their former site. Rachel Shah, a long time employee of the church, recalled that there had been multiple fires at the site of the ' summer camp, the first of which led to its relocation from west of Lot 1 to roughly within Lots 4, 5, 6 and 7 by the early 20th century. ' Fieldwork indicated that Lots 4, 5, 6, and 7, and particularly the southem portion of Lots 5, 6, and 7 were the location of limited historic activity, likely associated with the St. Thomas site. The majority of the recovered artifacts came from these lots. The absence of greater artifact ' Conclusions 6-1 Conclusions Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York concentrations could be the result of a thorough site clean up after the aforementioned fires and the closing of the camp during the 1950s. Additionally, it is likely that during the camp's operation, trash would have been regularly collected and deposited off site or elsewhere on the property,further away from the living and activity areas. In any case, it is unlikely that structural remains of the former camp buildings would be considered archaeologically significant given their recent age and the availability of non-archaeological sources of information on this property. Aside from a small number of isolated artifacts, cultural material was absent from the remaining eight lots (1 through 3 and 8 through 12). Further investigation of the Cove Beach Estates deposits would likely result in the collection of redundant data of little archaeological value. Given the absence of significant deposits, it is concluded that proposed construction in the building envelopes of Lots 1 through 12 would have no effect upon archaeological resources meeting the eligibility criteria of the National Register. Conclusions C-2 Conclusions _0 "' M Bailey, Paul, editor. 1949. Long Island; a history of two great counties, Nassau and Suffolk. New York: Lewis Historical Pub. Co. ' Corwin, Elsie Knapp, with Frederik Langton Corwin. 1972. Greenport, Yesterday & Today and the Diary of a Country Newspaper. Greenport: The Suffolk Times. p 24-25. ' Coysh, A.W. and R.K. Henrywood. 1982. The Dictionary of Blue and White Printed Pottery, 1780-1880, Volume 1. Woodbridge, Suffolk,England: Antique Collector's Club Ltd. ' Goodrich, Magdaline. 1983. A Brief History of the Town of Southold. Prepared for the Suffolk County Tercentary Committee. Gornitz, V., S. Couch and E.K. Hartig. 2001. Impacts of Sea Level Rise in the New York City ' Metropolitan Area. Global and Planetary Change 32:61-88. Gustayson, Troy. 2003. "Hiking Dam Pond Preserve, East Marion's 22-acre gem". In The Suffolk ' Times, April 3, 2003, p. 21. History of Suffolk County, New York, with illustrations and sketches of prominent families and ' individuals. 1882. New York: W.W. Munsell & Co. Kovel, Ralph M. and Terry H. Kovel. 1953. Kovel's Dictionary of Marks-Pottery and Porcelain. New York: Crown Publishers Inc. Lief, Alfred. n.d.A Close Up of Closures. Glass Containers. New York: Manufacturers Institute. ' Lifsey, Earl. 1973. The Housewares Story. A History of the American Housewares Industry. Chicago, IL: National Housewares Manufacturers Association. Munsey, Cecil. 1970. The Illustrated Guide to Collecting Bottles. New York: Hawthorne Books. ' Noel Hume, Ivor. 1976.A Guide to Artifacts of Colonial America. New York: Hawthorne Books. Peterson, Charles E. editor. 1976.Building Early America. Radnor, PA: Chilton Book Company. ' Scopaz, Valerie with Steve Ridler, preparers. 2003. Town of Southold: Final Local Water Revitalization Program. April 2003, Volume 2. Bibliography 7-1 Bibliography Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York Slater, Rev. Dr. Myron F. " The Life Saving Station" in In the midst of...discovery. Pamphlet compiled by the Reverand for the Community Church. Found at the Floyd Memorial Library, Greenport, in the historical file on East Marion. Smith, Raymond W., preparer. 1976. "Orient Historic District' from the National Register of Historic Places Inventory Nomination Form. Prepared in April 1976 for the New York State Office of Parks and Recreation, Division for Historic Preservation. Stehling, Nancy A. in Joan H. Geismar. 1996. The Ceramic Analysis; the Saratoga Square Urban Renewal Area, CEQR No. 89-232K. Joan H. Geismer, Ph.D. NY, NY Brooklyn, New York. Stright, Melanie J. 1990. Archaeological sites on the North American Continental Shelf, in Lasca, N. P., and J. Donahue, eds, Archaeological Geology of North America, p. 439-465. Boulder: Geological Society of America. Thompson, Benjamin F. 1918. The history of Long Island;from its discovery and settlement, to the present time. With many important and interesting matters; including notices of numerous individuals and families; also a particular account of the different churches and ministers.; revised & greatly enlarged with a biography of the author by C.J. Werner. New York: Dodd. Town of Southold: Final Local Water Revitalization Program. April 2003. 2 volumes. Town of Southold. 1965. A Summer of History, Town of Southold 1640-1965, 325`h Anniversary Celebration. Tracker Archaeologicaly Services (Tracker). 2000. Reports of Investigations. Phase I Archaeological Investigation for a proposed house lot, East Marion, Town of Southold, Suffolk County, New York. Prepared for John Defilippi, Port Washington, New York, Land use Ecological Services, Inc., Baiting Hollow, New York. Prepared by Alfred G. Cammisa of Tracker Archaeology Services, North Babylon,NY. The Traveler. 1997. "Time Pieces". May 22, 1997. Photo and caption in local paper discussing _ excavation of Prehistoric site in Southold, Long Island. United States Soil Conservation Service. 1976. General Soil Map of Nassau County, New York. Prepared for the Suffolk County Soil and Water Conservation District by the U.S. Soil Conservation Service,Department of Agriculture. Varekamp, J.C. and Thomas, E. 1998. Climate change and the rise and fall of sea level over the millenium. EOS,Transcations of the American Geophysical Union 79:69 74-75. Wenk, Lloyd A. No date. "Main Building and Chapel, St. Thomas Summer Home, East Marion" in In the midst of—discovery. Pamphlet compiled by Rev. Dr. Myron F. Slater for the Bibliography 7-2 Bibliography Archaeological Investigation Roslyn Viaduct,Village of Roslyn,New York ' Community Church, including this synopsis of St. Thomas Summer Home, East Marion. Found at the Floyd Memorial Library, Greenport, in the historical file on East Marion. Wetherbee, Jean. 1980. A Look at White Ironstone. Des Moines, IA: Wallace-Homestead Book Company. ' Correspondences Hammarth, George. Employee of Department of Environmental Conservation (DEC). Personal communication, April 24, 2003. ' Philk, Amy. Historian at Oyster Ponds Historical Society, Orient, Long Island, NY. Personal communication, June 4, 2003. Reiniger, Ashlee W. Employee of Peconic Land Trust, Northbrook, Long Island, NY. Personal ' communication, May 28, 2003 and mail communication June 8 2003. Schifferly, Mike. Archaeologist at the New York State Office of Parks, Recreation and Historic Preservation (NYSHPO), Peebles Island, NY. Personal communication, June 4, 2003. Shaw, Rachel. Choir Mother, long time employee of St. Thomas Episcopal Church, Fifth Ave, New York, NY. Personal communication, June 11, 2003. ' Stone, Dr. Gaynell. Director of Sufffolk County Archaeological Association. Personal communication, June 19, 2003. 1 Web Sites Beers. 1873. "East Marion, Town of Southold, Suffolk Co." In Beers Atlas of Long Island. ' Accessed June 5, 2003. Available at http://freepages.genealogy.rootsweb com/—bikyn/MaD/E Marion html. ' Bourque, Bruce J. (n.d.) Prehistoric Indians of Maine. Portion of paper. Accessed June 7, 2003. Available at: http://www.mainepbs.org/hometsom/mptschapl.html Mandia, Scott A. (n.d.) The Long Island Express. The Great Hurricane of 1938. Accessed June ' 4, 2003. Available at http://www2.sunysuffolk.edu/mandias/38hunicane/storm surge maps html Morang, A. (n.d.) "The Great New England Hurricane of 1938." Adapted from A. Morang. ' Coastal Inlets Research Program. Shinnecock Inlet, New. York, Site Investigation, Report 1, Morphology and Historical Behavior. Technical Report CHL-98-32, USAE Waterways Experiment Station, Vicksburg, MS. 1999. Accessed June 6, 2003. Available at ' http://chl.wes.ariny.mil/shore/1938hurricane.pd Coastal Hydraulics Laboratory ' Bibliography 7-3 Bibliography Archaeological Reconnaissance Survey Cove Beach Estates,Town of Southold,New York New York State Geographic Information System (NYSGIS) Clearinghouse. New York State Department of Transportation (NYSDOT) Raster Quadrangle (1:24,000 scale-NAD 83 datum). NYSDOT Edition Date: 1991, USGS Contour Date: 1956. Accessed June 6, 2003. Available at htti)://www.nysgis.state.ny.us/quads/Auadpage/ee6O.htm. New York State Geographic Information System (NYSGIS) Clearinghouse. United States Geodetic Service (USGS) Digital Raster Graphic (DRG) Quadrangle (1:24,000 scale-NAD 27 datum). 1976. Accessed June 6, 2003. Available at http://www.nysgis.state.nv.us/guads/quadpage/ee60.htm. _ UNiSYS Corp. (2003). "Hurricane #9." 1945 Hurricane/Tropical Data for Atlantic. Accessed June 4, 2003. Available at http://weather.unisys.com/hunicane/atlantic/1945/9/track.dat. Maps Beers, F.W. 1873.Atlas of Long Island, New York. New York: Beers, Comstock, and Cline. Hyde and Company. 1896. Map of Long Island. Brooklyn, New York: Hyde & Company. Hyde,E. Belcher. 1909.Atlas of Suffolk County, Long Island, New York. Volume 2, Sound. "Part of the Town of Southold, Suffolk County." Town of Southold. 1965. Section three of map from: A Summer of History, Town of Southold 1640-1965, 325`h Anniversary Celebration. Found at the Floyd Memorial Library, Greenport, NY. United States Coastal and Geodetic Survey (USGC&DS). 1894. "Gardiners Bay, Long Island, New York." Washington D.C.:USGS. (First published 1891). 1944. "Gardiners Bay, Long Island, New York." Washington D.C.:USGS. (First published 1935,reissued 1938, further corrections to 1944). USGS. 1884. Orient Quadrangle, 15 Minute Series."Middle Part of Long Island". Washington D.C.:USGS. 1904. Orient Quadrangle, 15 Minute Series. Washington D.C.:USGS. 1947. Orient Quadrangle, 15 Minute Series. Washington D.C.:USGS. -' Bibliography 7-4 Bibliography ' A. Michael Pappalardo, RPA, Principal Investigator: Eleven years of experience conducting and managing cultural resource assessments and documentary research studies and in preparation of cultural resource and environmental documents. New York University, 1988, BA, ' Anthropology; State University of New York, Binghamton, 1992, MA, Anthropology. Michele Besson, Archaeologist, Co-author: Four years of field experience in historic and prehistoric cultural resource analysis in the northeastern United States and northern Europe. Experienced in analysis of historic artifacts. Brooklyn College, City University of New York, 1999, BA, Anthropology and Archaeology. Alexander Joffe, Ph.D., Prehistoric Archaeologist: Twenty-one years of experience ' conducting and directing prehistoric archaeological field research in the Middle East and United States. Cornell University, 1981, BA, History, University of Arizona, 1987, MA, Near Eastern Studies, University of Arizona, 1991, Ph.D., Near Eastern Studies. ' Nancy A. Stehling, RPA, Laboratory Director: Twenty-six years experience in cultural resource and artifact analysis. State University of New York, Potsdam, 1977, BA, Anthropology ' and Geology; Rensselaer Polytechnic Institute, 1980, MS, Public Archaeology. Sherry L. Felix, Cartographer: Twenty years of experience in commercial fine art, ' cartography, computer graphics, air-photo interpretation, GIS, and field mapping. Hunter College, City University of New York (CUNY), 1993; Hunter College, Graduate studies in Geography. ' List of 8-1 Preparers I' 1 Appendix A Table Al, Shovel Test Pit Location ' Table A2, Excavation Record Cove Beach Estates Appendix A Fast Marion,NV Table A-1 Location Becord pine scrub 1 1.1.1 STP cearin 5/29/03 30 42 st7soils pine scrub 1 1.1.2 STP clearing5/29/03 30 50 st ' 1 1.1.3 STP 5/29/03 30 60 st1 1.1.4 STP 5/29/03 30 65 st7 pine scrub 1 1.1.5 STP clearin 5/29/03 30 49 sterile soils pine scrub 1 1.1.6 STP Iclearing 5/29/03 30 49 isterile soils pine scrub 1 1.1.7 STP 1cfearino 5/29/03 30 59 sterile soils ' 1 1.1.8 STP 5(29/03 30 50 rock 1 1.1.9 STP 5/29/03 30 50 sterile soils ' 1 1.1.10 STP 5/29/03 30 59 sterile lolls 1 1.1.11 STP 5/29/03 30 48 sterile soils 1 1.1.12 STP 5/29/03 30 58 isterile soils 1 1.1.13 STP 1 5/29/03 30 48 sterile soils 1 1.1.14 STP 5/29/03 30 58 sterile soils 1 1.1.15 STP 5/29/03 30 63 sterile soils STP 5/29/03 30 56 sterile anile 1 1.1.17 SiP 5/29(03 30 50 rock in kettle hole-like depression,NW 1 1.1.18 STP lot STP 1.1.17 5/29/03 1 30 50 Istedle soils ' 1 1.1.19 STP 5/29/03 30 50 rock north side of dirt 1 1.1.20 STP road 5/29/03 30 51 sterile soils north side of dirt ' 1 1.1.21 STP road 5/29/03 30 57 sterile soils slightly north of dirt road,in small 1 1.1.22 STP clearing 5/29/03 30 57 sterile soils 1 1.1.23 STP Inorth side of road 5/29/03 1 30 60 laterite soils 1 1.1.24 STP north side of road 5/29/03 30 63 sterile soils Buried A ' 1 1.1.25 STP north side of road 5/29/03 30 55 sterile soils near sw comer of 1 1.1.26 STp building envelope 5/29/03 30 60 sterile soils 2 2.1.1 STP 5/27/03 30 48 sterile soils ' 2 2.1.2 STP 5/27/03 30 62 sterile soils south side of dart near top of a 2 2.1.3 STP I road 5/27/03 1 30 58 Islerile soils ridge north side of dirt ' 2 2.1.4 STP road 5(27/03 30 58 sterile soils slightly north of dirt road,in smell 2 2.1.5 STP clearina 5/28/03 d3ol 48 sterile soils north side of dirt 2 2.2.1 STP road 5/28/03 95 sterile soils north side of dirt 2 2.2.2 STP road 5(28(03 51 sterile soils ' north side of din 2 2.2.3 STP roatl 5128/03 54 sterile soils 2 2.2.4 STP 5/28/03 75 sterile soils 2 2.2.5 STP 5/28103 48 sterile soils A7-1 of 5 Cove Beach Estates Appendix A East Marlon,NY Table A-1 Location Record 2 2.2.6 STP 5/28/03 30 44 sterile soils — 2 2.2.7 STP 5/28/03 30 52 sterile soils 2 2.2.8 STP 5/28/03 30 54 sterile soils 2 2.2.9 5/28/03 51 sterile soils east of modem — wood4rame 3 3.1.1 STP house 5/28/03 30 50 rock east of modem wood-frame — 3 3.1.2 STP I house 5/28/03 30 55 sterile soils east of modem wood-frame 3 3.1.3 STP house 5/28/03 30 49 sterile soils — east of modem wood-frame 3 3.1.4 STP house 5/28/03 30 42 sterile soils north side of dirt _ 3 3.1.5 STP road 5/28/03 30 51 sterile soils south side of dirt 31 3.1.6 STP I road 5/28/03 30 1 57 sterile soils 3 3.1.7 STP 5/28/03 30 65 sterile soils 3 3.1.8 STP 5/28/03 30 59 sterile soils — 3 3.1.9 STP 5/27/03 30 48 sterile soils 3 3.1.10 STP 6/27/03 30 58 sterile soils 3 3.1.11 STP 5/27/03 30 64 sterile soils 3 3.1.12 STP 5/27/03 30 56 sterile soils — 3 3.1.13 STP 5/27/03 30 63 sterile soils north side of dirt 3 3.2.1 STP road 5/27/03 30 59 sterile soils north side of dirt 3 3.2.2 STP I road 5/27/03 1 30 47 Isterfle soils north side of dirt 3 3.2.3 STP road 5/27/03 30 57 sterile soils Buried A north side of dirt _ 3 3.2.4 STP road 5/27/03 30 59 sterile soils 3 3.2.5 STP 5127/03 30 47 sterile soils 3 5/27/03 65 sterile soils 4 4.1.1 STP 5/27/03 30 46 sterile soils 4 4.1.2 STP 5/27/03 30 38 sterile soils --- 4 4.1.3 STP 5/27/03 30 54 sterile soils north side of dirt 41 4.1.4 STP road 5/27/03 30 48 sterile soils 4 4.1.5 STP 5/27/03 30 70 sterile soils 4 4.1.6 STP 5/27/03 30 66 sterile soils halt of Impressed brick found on -- surface north of 4 4.1.7 STP 5/27/03 30 52 sterile soils STP 4 4.1.8 STP 6/27/03 30 59 sterile soils 4 4.1.9 STP 5/27/03 30 64 sterile soils 41 4.2.1 STP 5/28/03 30 44 sterile soils surface littered with sm-med 4 4.2.2 STP 5/28/03 30 56 sterile soils rocks _ surface littered 4.2,2 with med-med 4 2 W STP 5/28/03 30 66 sterile soils rocks metal artifact 4 4.2.3 STP 5/28/03 30 58 compaction Tras SW of north side of dirt disturbed?earth 4 4.2.4 STP road 5/28/03 30 90 depth mound north side of dirt -- 4 4.2.5 STP road 5/28/03 30 57 sterile soils 41 STP 5/28/03 30 sterile soils At-2 of 5 ' Cove Beach Estates Appendix A East Marion,NV Table A•1 Location Record near deposit of ' 4 4.2.7 STPmodem trash 5/27/03 30 48 sterile soils debris 4 4.2.8 STP 5/27/03 30 56 sterile soils 4 4.2. 5/27/03 58 sterile soils ' 5 5.1.1 STP 5/13/03 30 68 sterile soils 5 5.1.2 STP 5/13/03 30 42 sterile soils south side of dirt 5 5.1.3 STP road, 5/13/03 30 28 rock in clearing,west ' 5 5.1.5 STP of ved road 5/29/03 30 43 sterile soils 5 5.1.6 STP 5/14/03 30 62 sterile soils 5 5.1.7 STP 5/14/03 30 70 sterile soils 5 5.1.8 STP 5/14/03 30 60 sterile soils ' 5 5.1.9 STP 5(14/03 30 59 sterile soils 5 5.2.1 STP 5/15/03 30 55 sterile soils 5 5.22 STP 5/15/03 30 57 aterile soils 5 5.2.3 STP 5/15/03 30 57 sterile soils ' north side of dirt 5 5.2.4 STP road 5/15/03 30 62 rock southwest comer of paved and dirt ' 5 5.2.5 STP roads 5/27/03 30 77 sterile soils Buried A east of debris littered ' west of paved depression, cellar 5 5.2.6 STP road 5/27/03 30 65 sterile soils hole?,Buried A seat aide of paved 5 5.2.7 STP road 5/27/03 30 95 de pth ' east side of paved 5 5.2.8 STP road 5/27/03 30 89 sterile soils east side o pave 5 5.2.9 STP road 5/27/03 30 84 sterile.oila 1 NN-1iSTP 5/13/03 30 51 sterile soils STP clean 5/13/03 30 75 sterile soils Burietl A 6 6.1.3 STP clearin 5/13/03 30 54 sterile soils 6 6.1.4 STP clearin 5/13/03 30 47 sterile lolls ' 6 8.1.5 STP 5/14/03 30 62 sterile soils 6 6.1.6 STP 5(14/03 30 30 rock 6 6.1.7 STP 5/14/03 30 70 sterile soils 6 6.1.8 STP 5/14/03 30 63 sterile soils 6 6.1.9 STP 5/14/03 30 56 roots 6 6.2.1 STP clearin 5/13/03 30 40 sterile soils 6 6.22 STP clearin 5/13/03 30 59 sterile soils 6 6.2.3 STP clearin 5/13/03 30 43 roots 6 6.2.6 STP 5/14/03 30 49 sterile soils ' 6 6.2.7 STP 5/14/03 30 38 rock 6 6.2.8 STP 5/14/03 30 45 rods 6 5/14/03 5o sterile soils 7 7.1.1 STP clearin 5/14/03 30 50 sterile soils 7 7.1.21 STP clean 5/14/03 30 77 de 5/t 7 7.1.3 STP clearin 5/14/03 30 70 sterile soils 11 7 7.1.4 STP clearin 5/14/03 30 80 sten--soils north side of dirt ' 7 7.1.5 STP road 5/13/03 30 61 sterile soils 7 7.1.7 STP 5/14/03 1 30 i42 sterile soils 7 7.1.8 STP 5/14/03 130 61 sterile soils 7 7.1.9 STP 5/14/03 30 61 sterile soils ' 7 7.2.2 STP clearin 5/13/04 30 40 sterile soils 7 7.2.3 STP clearin 5/13/03 30 82 sterile soils Buried A 7 7.2.4 STP clearin 5/13/03 30 53 sterile soils 7 7.2.5 STP 5/14/03 30 87 sterile soils ' 7 7.2.6 STP 5/14/03 30 69 sterile soils 7 7.2.7 STP 5/14/03 30 45 sterile soils 71 7.2.81 STP 5/14/03 30 59 sterile soils ' A7-3 of 5 Cove Beach Estates Appendix A Past Marion,NV Table A-1 Location Record 1-8 7-8.1.6S2T- 5/14/03 30 53 sterile soils 5/15/03 30 58 sterile soils 5/15/03 30 60 sterile soils 5/15/03 30 62 sterile soils 5/15/03 30 67 sterile soils 5/15/03 30 56 sterile soils P 5/15/03 30 45 sterile soils 8 8.1.7 STP 5/15/03 30 54sterile soils 8 8.1.8 STP 5/15/03 30 47 sterile soils — 8 8.1.9 STP 5/15/03 30 42 sterile soils 8 8.2.1 STP 5/15/03 30 43 sterile soils 8 8.2.2 STP 5/15/03 30 56 sterile soils 8 8.2.3 STP 5/15/03 30 54 sterile soils — 8 8.2.4 STP 5/15/03 30 66 sterile soils 8 8.2.5 STP 5/15/03 30 53 sterile soils 8 8.2.6 STP 5/15/03 30 56 Isterile soils 8 8.2.7 STP 5/15/03 30 58 aterile soils _ 8 8.2.8 STP 5/15/03 30 57 sterile soils 8 8.2.9 STP 5/15/03 45 sterile soils 9 9.1.1 STP 5/16/03 30 51 sterile soils 9 9.1.2 STP 5/1603 30 40 rock _ 9 9.1.3 STP 5/16103 30 43 roots 9 9.1.4 STP 5/16/03 30 48 sterile soils 9 9.1.5 STP 5/16/03 30 63 sterile soils 9 9.1.6 STP 5/16/03 30 61 sterile soils _ 9 9.1.7 STP 616103 30 62 1 sterile soils Buried A? 9 9.1.8 STP 5/16/03 30 40 rock 9 9.1.9 STP 5/16/03 30 60 sterile solls near disturbed? — 91 9.2.11 STP 1 6/16/03 30 60 sterile soils earth mounds 9 9.2.2 STP 5/16/03 30 50 sterile soils 9 9.2.3 STP 5/16/03 30 64 sterile soils 9 9.2.4 STP 5/16/03 30 65 sterile soils — 9 9.2.5 STP 5116/03 30 43 rock 9 9.2.6 STP 5/16/03 30 53 1 rock 9 9.2.7 STP 5/16/03 30 59 sterile soils 9 9.2.8 STP 5/1603 30 57 sterile soils 9 5/16103 30 57 sterile wits several N W of 10 10.2.11 STP envelope 5/16/03 30 54 rocks several ft W of 10 10.2.2 STP envelope 5/1603 30 62 sterile soils several ft W of 10 10.2.3 STP envelope 5/1603 30 45 sterile soils several It of 10 10.2.4 STP envelope 61603 30 67 sterile soils -- several ft W of 10 10.2.5 STP envelope 616/03 30 56 sterile soils 101 10.2.6 STP 5/1603 30 53 sterile soils 10 10.2.7 STP 5/16/03 30 63 sterile soils 10 10.2.8 STP 5/16/03 30 69 sterile soils 10 10.2.9 STP 5/16/03 30 60 sterile soils 10 10.2.10 STP 61603 30 56 sterile soils 10 10.2.11 STP 5/1603 30 54 sterile soils -- 10 10.2.12 STP 5/1603 30 48 sterile soils 10 0. . 61603 47 sterile soils old agricultural 11 11.1.1 STP field 5/28/03 1 30 57 sterile soils - old agricultural 11 11.1.2 STP Held 5/2603 30 51 sterile soils old agricultural 11 11.1.3 STP field 6/28103 30 49 gravel _ old agricultural 11 11.1.4 STP field 628103 30 1 53 loravel old agricultural 11 11.1.5 STP field 5/28/03 30 1 55 sterile soils A1-4 of 5 ' Cove Beach Estates Appendix A East Marion,NV Table A-1 Location Record old agricultural ' 11 11.1.6 STP field 5/28/03 30 53 sterile soils old agricultural 11 11.1.7 STP field 5/28/03 30 52 sterile soils old agricultural 11 11.1.8 STP field 5/28/03 30 60 sterile soils ' old agricultural 11 11.1.9 STP field 5/28/03 30 59 sterile soils old agricultural 11 11.2.1 STP field 5/28/01 30 50 sterile soils old agricultural 11 11.2.2 STP field 5/29103 30 54 sterile soils old agricultural 11 11.2.3 STP field 5/29/03 30 58 sterilesoils old agricultural 11 11.2.4 STP field 5/29/03 30 54 sterile soils o agcuura 11 11.2.5 STP field 529103 30 53 sterile soils old agricultural 12 12.1.1 STP field 5/29103 30 5o sterile soils old agricultural 12 12.1.2 STP field 5/29103 30 26 sterile soils ' old agricultural 12 12.1.3 STP field 5/29103 30 48 sterile soils old agricultural 12 12.1.4 STP field 5/29103 30 32 sterile soils old agricultural ' 12 12.1.5 STP field 529103 30 59 sterile soils old agricultural 12 12.1.6 STP flak 529/03 30 58 sterile soils old agricultural ' 12 12.2.1 STP field 529/03 30 51 sterile soils old agricultural 12 12.2.2 STP field 5/29/03 30 50 sterile soils rid agricultural ' 12 12.2.3 STP field 5/29/03 30 5o sterile soils old agricultural 12 12.2.4 STP field 529/03 30 5o sterile soils old agricultural ' 12 12.3.1 STP field 529/03 30 58 sterile soils old agricultural 12 12.3.2 STP field 529/03 30 53 sterile soils old agricultural 12 12.3.3 STP field 5/29/03 30 59 sterile soils rid agricultural 12 72.3.4 STP - field 5/29103 30 59 sterile soils old agricultural 12 12.3.5 STP field 5/29/03 30 55 sterile soils ' olu agricultural 12 12.3.6 STP field 5/29/03 30 50 sterile soils ' A1-5 oI 5 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record p m. 1 1.1.1 AO 7 1OYR 3/1 sandy loam am roots 1 1.1.1 Al 22 10YR 4/4 sandy loam 1 1.1.1 B1 42 10YR 5/8 loamy sand I e cobbles 1 1.1.2 Al 8 10YR 4/ com act, san loam many roots 1 1.1.2 B1 38 10YR 5/8 loamy sand med cobbles 1 1.1.2 B2 50 10YR 7/4 sand 11 1.1.31 AO 4 10YR 3/11 sandy loam roots sm roots, many angular 1 1.1.3 Al 15 10YR 3/ loamy sand cobbles and pebbles 1 1.1.3 B1 20 10YR 4/6 loamy sand interface 1 1.1.3 82 60 10YR 5/6 fine sand few roots and pebbles 1 1.1.4 AO 5 10YR 3/1 sandy loam roots 1 1.1.4 Al 15 10YR 3/3 loamy sand am roots am roots, med-Ige angular cobbles, pebbles an 1 1.1.4 B1 50 10YR 5/6 loose,fine sand gravel 1 1.1.4 B2 65 10YR 6/61 loose,fine sand angular gravel well developed sand 1 1.1.5 AO 17 10YR 3/1 loam many roots compact, well developed, sand 1 1.1.5 Al 37 10YR 2/1 loam 1 1.1.5 Bt 40 10YR 5/8 loamy sand med and I e cobbles well developed sand 1 1.1.6 AO 10 10YR 3/1 loam many roots compact,well developed, sandy 11 1.1.61 At 29 10YR 2/1 loam 11 1.1.61 B1 49 10YR 5/8 loamy sand few pebbles 1 1.1.7 AO 6 10YR 3/1 sandyloam roots 1 1.1.7 Al 29 10YR 4/4 sandy loam 1 1.1.7 61 59 10YR 5/ loamy sand vy I e cobble 11.1.8 Al 20 10YR 3/ sand loam angular pebbles 1 1.1.8 B1 50 10YR 5/ fine sand angular rock and gravel 1 1.1.9 A 1 3 10YR 3/11 . sandy loaml many roots A2-1 of 25 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record tr 1 1.1.9 Al 28 10YR 3 compact, sandy loam 1 1.1.9 B1 50 10YR 414 sandy loam few I e cobbles 1 1.1.10 AO 9 10YR 3/1 sandy loam many roots 1 1.1.101 Al 41 10YR 4/3 sandy loam many roots 1 1.1.10 B1 59 10YR 4/6 sandy loam cobbles and sm pebbles 1 1.1.11 Al 20 10YR 3/4 sandy loam few sm roots few sm roots, angular 1 1.1.11 B1 48 10YR 5/6 fine sand pebbles and gravel 1 1.1.12 AO 5 10YR 3/1 sandy loam many roots 1 1.1.12 Al 37 10YR 3/3 sandy loam many roots heavy cobbles an 1 1.1.12 B1 58 10YR 4/6 sandy loam pebbles 1 1.1.13 Al 28 10YR 3/3 sandyloarn few sm and med roots 1 1.1.13 B1 48 10YR 5/6 loose,fine sand many angular rocks 1 1.1.14 AO 8 10YR 3/1 sandy loam many roots 1 1.1.14 Al 35 10YR 3/3 sandyloarn many roots heavy cobbles an 1 1.1.14 Bt 58 10YR 4/6 sandy loam pebbles 1 1.1.15 AO 10 10YR 3/1 sand loam many roots 1 1.1.15 Al 41 10YR 4/3 sandy loam many roots 1 1.1.15 81 58 10YR 4/6 sandy loam sm and med cobbles 1 1.1.16 AO 3 10YR 2/1 sandy loam 1 1.16 Al 24 10YR 3/2 sandy loam many roots 1 1.1.16 B1 56 10YR 4/6 loam sand sm cobbles and pebbles 1 1.1.17 Al 28 10YR 3/3 damp, sandy loam sm-med roots few sm roots, angular pebbles and grave 11 1.1.17 B1 50 10YR 5/6 damp,fine sand towards bottom 1 1.1.18 Al 28 10YR 3/3 sandy loam many medA a/sm roots few sm roots and angular 1 1.1.18 B1 50 10YR 5/6 fine sand gravel few sm roots and angular 1 1.1.191 Al 12 10YR 4/61 damp, fine loamy san4 rocks A2-2 of 25 r I I I I I I I I 1 I I I 1 I I I I i Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record vy many mod cobbles an 1 1.1.19 B1 50 10YR 4/6 fine sand angular rocks and gravel 1 1.1.20 Al 10 1OYR 3/4 fine loamy sand few roots few sm roots and angular 11 1.1.201 B1 51 10YR5/6 fine sand rocks and pebbles 1 1.1.211 Al 15 10YR 3/4 loamy sand few roots 1 1.1.21 B1 57 10YR 5/6 fine sand an ular rocks and gravel 1 1.1.22 Al 15 10YR 3/4 loamy sand many roots many cobbles and angular 1 1.1.22 61 23 10YR 5/6 fine sand gravel 1 1.1.22 82 1 57 1 OYR 6/8 loose,fine sand angular gravel 1 1.1.23 At 15 10YR 3/4 sandy loam 1 1.1.23 B1 50 10YR 5/6 fine sand angular rock and gravel many angular rocks and 1 1.1.23 62 60 10YR 6/8 fine sand gravel 1 1.1.24 AO 3 1 OYR 3/4 sandy loam 10YR 4/ mottled with sm roots, cobble and 1 1.1.24 Redeposited A 25 10YR 5/6 loamy sand round and angular rocks 1 1.1.24 Buried Al 38 10YR 3/4 damp, loamy sand few sm roots,few rocks many angular rocks and 1 1.24 B1 63 10YR 5/6 fine sand gravel 1 1.25 AO 3 10YR 4/3 sandyloam 1 1.25 Al 15 10YR 4/3 damp,fine loamy sand sm-med roots 1 1.25 81 30 10YR 5/61 damp fine sand angular rocks and pebbles 1 1.25 132 55 10YR 6/ damp fine sand angular rocks and pebbles 1 1.26 AO 4 10YR 3/ sandyloam few roots 1 1.26 Al 30 10YR 4/4 sandyloam 1 1.26 B1 60 10YR 5 loam sand 2 2.1.1 AO 4 10YR 2/ loam man roots 2 2.1.1 Al 8 10YR 3/ sandy loaml few sm roots A2-3 of 25 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record OREM,k yy: sm angular rocks and 2 2.1.1 61 48 10YR 5 wet, loam sandbbles 2 2.1.2 AO 3 10YR 3/1 sand loam 2 2.1.2 Al 21 10YR 5/4 sandy loam 2 2.1.2 B1 62 10YR 5/8 sandy loam pebbles 2 2.1.3 AO 2 10YR 3/3 loose sandy loam 2 2.1.3 Al 7 10YR 3/4 loamy sand few sm roots few sm roots, angular rock 2 2.1.3 Bl 58 10YR 4/61 fine-med loamy sand and gravel 2 2.1.4 AO 2 10YR 3/2 sandy loam 2 2.1.4 Al 10 10YR 4/3 sand loam 2 2.1.4 B1 58 10YR 6/8 sandy loam pebbies 2 2.1.5 AO 2 10YR 3/2 sandyloam many roots and moss 21 2.1.5 Al 15 10YR 313 sand loam sm-med roots few sm to and angular sm cobbles, pebbles and 2 2.1.5 81 48 10YR 4/6 damp, fine sand gravel thin, weak, hard to define, under dirt 2 2.2.1 AO 1 10YR 2/1 sandy loam road 2 2.2.1 At 7 10YR 3/3 loamy sand 2 2.2.1 Bl 51 10YR 5/8 loamy sand 2 2.2.2 AO 5 10YR 3/1 sandy loam 2 2.2.2 At 18 10YR 4/6 sandy loam 21 2.2.2 B1 54 10YR 5/8 compact, sandy loam 21 2.2.3 AO 3 10YR 3/1 sandy loam 2 2.2.3 Al 20 10YR 4/6 compact, sandy loam 2 2.2.3 B1 54 10YR 516 compact, loamy sand 2 2.2.4 AO 5 10YR 3 sandy loam 2 2.2.4 Al 55 10YR 2/2 sandy loam many fine roots 2 2.214 B1 75 10YR 2/1 compact, loamy sand 2 2.2.5 AO 4 10YR 2/1 sandyloam A2-4 of 25 t l i l I I I I t I I I I 1 I I I I I M M M M M M M M M M s Cove Beach Estates Appendix A East Marion,NY Table A-2 Excavation Record compact,well developed, sandy 2 2.2.5 Al 27 10YR 3 loam 2 2.2.5 Bi 46 1OYR 5/6 loamy sand ebbles 77 2 2.2.6 AO 3 10YR 2/1 sandy loam compact, well developed,sandy 21 2.2.6 Al 26 10YR 3/2 loam 21 2.2.6 B1 44 10YR 5/8 loamy sand bbles 2 2.2.7 AO 4 10YR 2/1 sandy loam compact,well developed, sand 2 2.2.7 Al 18 10YR 3/2 loam 2 2.2.7 B1 52 10YR 5/6 loamsand ebbles 2 2.2.8 AO 4 10YR 3/1 sandy loam compact,well developed, sand 2 2.2.8 Al 26 10YR 2/1 loam 2 2.2.8 Bi 54 10YR 4/4 loamv sand gravel 2 2.2.9 AO 3 10YR 3/1 sandy loam moist,compact,sandy 2 2.2.9 At 33 10YR 2/1 loam 2 2.2.9 B1 51 10YR 4/4 loamy sand gravel 3 3.1.1 AO 4 10YR 3/2 sandy loam many roots few sm-med roots and 3 3.1.1 Al 19 10YR 3/4 moist,silty sand small round pebbles few sm-med roots and 3 3.1.1 B1 50 10YR 5/6 wet san small cobbles and pebbles 3 3.1.2 AO 3 10YR 3/1 sand loam 3 3.1.2 At 24 10YR 4/ san loam 3 3.1.2 B1 55 10YR 5 loam sand few pebbles 3 3.1.3 AO 3 10YR 2/1 san loam 3 3.1.3 Al 26 10YR 3 san loam pebbles 3 3.1.3 61 49 10YR 5/ com act, loam sand 3 3.1.4 AO 1 4 1 10YR 3/11 san loam A2-5 of 25 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record 3 3.1.4 Al 14 10YR 3 sandv loam 3 3.1.4 61 42 10YR 5/6 compact, loamy sand few pebbles 3 3.1.5 AO 5 10YR 3 sandy loam 3 3.1.5 Al 21 10YR 3/3 sandy loam few roots few charcoal few angular pebbles and fragments near 3 3.1.5 B1 51 10YR 5/6 compact, fine sand graveltOD 3 3.1.6 AO 6 10YR 2/1 -Ioamy sand 3 3.1.6 Al 28 10YR 3/3 loamy sand 3 3.1.6 B1 57 10YR 5/8 loamy sand 3 3.1.7 AO 5 10YR 3/1 sandy loam 3 3.1.7 Al 24 10YR 3/2 sandy loam 3 3.1.7 B1 65 10YR 3/6 sandy loam 3 3.1.8 AO 5 10YR 2/1 sand loam 3 3.1.8 Al 27 10YR 3/2 sand loam 3 3.1.8 B1 59 10YR 4/61 sandy loam 3 3.1.9 AO 6 10YR 2/2 loam few sm-med roots 3 3.1.9 At 18 10YR 3/4 sandy silty loarr many sm roots many sm angular rocks 3 3.1.9 B1 32 10YR 4/6 com act, silty sand and pebbles many sm angular rocks 3 3.1.9 B2 48 10YR 5/8 fine sand and pebbles 31 3.1.10 AO 5 10YR 3/1 sandy loam many sm roots 31 3.1.10 Al 16 10YR 4/3 sandy loam 31 3.1.10 B1 58 10YR 416 sandy loam 3 3.1.11 AO 4 10YR 3/1 sandy loam many sm roots 3 3.1.11 At 22 10YR 4/2 sand loam 3 3.1.11 B1 64 10YR 4/6 sandy loam 3 3.1.12 AO 4 10YR 3/1 sandv loam many sm roots 3 3.1.12 Al 1 29 10YR 4/31 san loam 3 3.1.12 B1 56 10YR 4/ san loam 3 3.4.13 AO 4 10YR 2/21 sandy loam many sm roots 3 3.1.13 Al 32 10YR 3/ sandy sill sm-med roots charcoal fragment 3 I.T.1 B1 53 10YR 4/ sandysillfew pebbles 3 AO 3 10YR 2/11 sandy loam A2-6 of 25 Cove Beach Estates Appendix A East Marion,NY Table A-2 Excavation Record 3 3.2.1 Al 19 10YR 3/ corn act, sand loam 3 3.2.1 B1 59 1OYR 5/8 wet, loamy sand few pebbles 3 3.2.2 AO 4 10YR 3/2 san loam few roots many sm-med roots and 3 3.2.2 At 19 10YR 3 com ct, sand loam few angular rocks damp, compact fine few vy am roots and man 3 3.2.2 B1 47 10YR 5/ sand angular rocks and pebbles mottled 10YR 4/ with 10YR 3 3.2.3 Redeposited A 25 4/6 Compact. sandy loam angular gravel yes 3 3.2.3 Al 1 50 10YR 3/4 loamy sand roots and gravel dark due to roots slightly lighter than 3 3.2.3 B1 57 10YR 4/ loamy sand gravel 3 3.2.4 Al 28 10YR 4/3 compact, sandy loam 3 3.2.4 81 59 10YR 3/3 compact sandy loam 3 3.2.5 AO 4 10YR 3/1 sand loam 3 3.2.5 Al 16 10YR 3/3 sand loam 3 3.2.5 Bi 1 47 10YR 4/6 loose, loamy sand gravelly, with few cobble 3 3.2.6 AO 4 10YR 3/1 sandy loam 3 3.2.6 Al 25 10YR 3/3 sand loam gravelly,with few med 3 3.2.6 B1 65 10YR 4/6 loose, loamy sanc cobbles sewer pipe 4 4.1.1 AO 4 10YR 4/1 sandy loam many pebbles fra ? 4 4.1.1 Al 19 10YR 3/21 sandy loam many pebbies 4 4.1.1 61 46 10YR 5 wet, silty san few pebbles 4 4.1.2 AO 8 10YR 4/1 san loam many pebbles 4 4.1.2 Al 21 10YR 5/1 sandy loam many pebbles 41 4.1.2 B1 38 10YR 5/8 wet, silty san few pebbles sandy loam and 4 4.1.3 Al 13 10YR 3/2 loam /sil san pebblesi A2-7 of 25 Cove Beach Estates Appendix A East Marion,NY Table A-2 Excavation Record few pebbles, many broken 4 4.1.3 Bt 31 10YR 5/ silty sand quartz fra s 4 4.1.3 B2 54 10YR 7/4 sand 4 4.1.4 Al 13 10YR 4/3 sandy loam 41 4.1.41 61 40 10YR 4/4 loamy sand roots 7r 41 4.1.41 62 48 10YR 7/3 loamy sand 41 4.1.51 AO 3 10YR 3/2 sand loam many sm roots 10YR 4/4 banded with silty sand with bands few sm roots and angular 4 4.1.5 At 26 3/3 of siltier soil pebbles 4 4.1.5 61 41 10YR 4/6 wet sand med angular pebbles 4 4.1.5 B2 70 10YR 616 wet sand sm-med angular pebbles 4 4.1.6 AO 3 10YR 3/1 sandy loam 4 4.1.6 Al 26 10YR 4/2 wet, san loam 4 4.1.6 131 66 10YR 5/8 wet,clayey san 4 4.1.7 AO 5 10YR orglanic loam man sm-med roots rounded rocks and 41 4.1.7 At 30 10YR 3/3 silty loa pebbles vy wet clayey, silt. 4 4.1.7 B1 52 10YR 4/ sand many sm an ular Dabbles 41 4.1.81 AO 4 10YR 2/1 sandy loam 41 4.1.8 At 30 10YR 4/1 sand loam 41 4.1.8 Bt 59 10YR 5/6 loamy san pebbles 41 4.1.9 AO 4 10YR 3/2 loose, sandy loam man sm-med roots few sm roots and angular 4 4.1.9 Al 30 10YR 3/3 wet,silty sandy loam pebbles - few sm roots and many 4 4.1.91 61 54 10YR 4/61 silty sand angular pebbles 41 4.2.11 AO 5 10YR 2/1 sandy loam 4 4.2.11 Al 10 10YR 3/2 sandy loam 4 4.2.1 Bi 26 10YR 516 compact, loamy sand 4 4.2.1 B2 44 10YR 5/6 loose,silty sand bbles 4 4.2.2 AO 3 10YR 3 sandy loam A2-8 of 25 i i i i i 1 I I 1 I I I I I I I I I I Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Recons W . many whole and broken extremely compact med round and angular quantity of quartz 4 4.2.2 Al 12 10YR 3/3 sandv loam pebble and sm cobbles pebbles and cobbles many med rounded and many pieces of 4 4.2.2 B1 22 10YR 4/6 fine sand angular rocks and pebbles broken quartz 4 4.2.2 B2 56 10YR 6/6 loose, fine sand few pebbles 4.2.2, 2 4 W AO 3 10YR 3/1 sandy loam manv sm roots 4'2.21 2 sm roots and sm-med 4 W Al 19 10YR 3/ silty sand rounded pebbles 42.2, 2 few sm-med rounded 4 W Bt 41 10YR 4/6 wet sand pebbles 4'22, 2 few sm-med rounded 4 west B2 66 10YR 6/6 wet sand pebbles 4 4.2.3 Al 12 10YR T13 sandy loam many roots Iyes vy compact due to sm 4 4.2.3 A2 24 10YR 3/ —compact, sandy loam angular rocks, many roots yes few sm roots and angular 4 4.2.3 B1 31 10YR 4/ compact,fine sand rocks yes metal wire and 4 4.2.3 B2 54 10YR 5/6 compact, fine sand fra s Yes 4 4.2.3 B3 58 10YR 6/4 compact, fine sand 4 4.2.4 AO 3 10YR 3/3 sandy loam 4 4.2.4 Al 14 10YA 3/ fine sand loam few sm-med roots yes mottled few sm-med roots, 10YR 3 angular pebbles and 4 4.2.4 A2 52 with 4/ fine loamy sand gravel historic artifacts yes med cobbles and angula 4 4.2.4 B1 90 10YR 5/E damp, fine sand gravel historic artifacts yes 4 4.2.5 AO 4 10YR 4/1 sandyloam 4 4.2.5 At 25 10YR 3 compact, sandy loam 4 4.2.5 B1 5710YR 6/ loam sand 4 4.2.6 At 26 10YR 3/4 sandyloam sm-med roots A2-9 of 25 Cove Beach Estates Appendix A East Marion,NY Table A-2 Excavation Record .damp,compact,silty few sm roots,angular 4 4.2.6 B1 56 10YR 4/6 fine sand gravel 4 4.2.7 AO 4 10YR 2/2 loam many sm roots sm-med roots and angular 41 4.2.71 At 25 10YR 3/4 loamy sil rocks few small roots, man 4 4.2.7 B1 48 10YR 4/61 compact, silty sand angular rocks and pebbles many sm roots, decomposing wood chips 4 4.2.8 AO 4 10YR sandy loam from tree fall sm-med roots and round 41 4.2.8 Al 15 10YR 3/3 sandy loam and angular pebbles sm roots, many round and 4 4.2.81 B1 56 10YR 4/6 compact,silty sand angular rocks and pebbles Ivery thick 41 4.2.91 AO 5 10YR 3/1 sand loam 41 4.2.91 Al 28 10YR 4/3 sand loam 4 4.2.9 81 58 10YR 5/8 sandy loam 5 5.1.1 AO 9 10YR 3/3 silty sandy loam few sm roots 5 5.1.1 At 23 10YR 3/4 silty sand few sm-I a roots few sm roots, many 5 5.1.1 81 52 10YR 4/6 fine sand an ular rocks and pebbles 5 5.1.1 B2 68 10YR 5/6 fine sand few sm pebbles 5 5.1.2 AO 8 10YR 3/3 sandy loam few sm roots 5 5.1.2 Al 25 10YR 3/4 siltyandpiece of shell 5 5.1.2 61 42 10YR 5/6 fine sand few I e roots sm roots and rounded 5 5.1.3 AO 7 10YR 3/ san loam pebbles many sm-med roots and historic artifact 5 5.1.3 Al 19 10YR 4/ loamy sand pebbles fra many large rocks and 51 5.1.3 61 28 10YR 4/6 fine sand pebbl 5 5.1.5 AO 3 10YR 3/1 sandyloam man sm roots 5 1.5 Al 19 10YR 3/2 sandyloam roots 51 5.1.51 B1 1 43 1 OYR 4/ loamy sand roots, sm-med cobbles A2-10 of 25 Cove Beach Estates Appendix A East Marion,NY Table A-2 Excavation Recons 5 5.1.6 Al 8 10YR 3/ sandyloam man sm-med roots 5 5.1.6 Al 31 31 8 7.5YR 5/ dam sand few sm roots 5 5.1.6 B1 62 1OYR 5/ san loam few pebbles 5 5.1.7 AO 7 10YR 3/ loam sand roots 5 5.1.7 At 20 10YR 4 loamy sand roots 5 5.1.7 B1 43 10YR 3/31 loam sand pebbles7, 5 5.1.8 AO 7 10YR 3/31 loam sand 5 5.1.8 At 30 10YR 3/ loamy san 5 5.1.8 B1 60 10YR 5/61 loamy sand pebbles 5 5.1.9 AO 12 10YR 4/2_—sa—ndy loam many roots 5 5.1.9 Al 47 1OYR 3/ sand loam historic artifacts 5 5.1.9 B1 59 10YR 4 sandyloaff 5 5.2.1 AO 3 10YR 4/1 sandy loam 5 5.2.1 Al 20 1OYR 4/2 sand loam 5 5.2.1 B1 55 10YR 5/8 loamy sand many pebbles 5 5.2.2 AO 3 10YR 2/1 sandy loam 5 5.2.2 Al 11 10YR 3/1 sandy loam 5 5.2.2 Bl 45 10YR 5/6 loam sand many pebbles 5 5.2.2 B2 57 10YR 6/6 sandy loam pebbles 5 5.2.3 AO 2 10YR 2/1 sandy loam 5 5.2.3 Al 7 10YR 4/2 sandy loam 5 5.2.3 Bt 21 10YR 4/3 heavy sanc pebbles 5 5.2.3 B2 57 10YR 6/ sand pebbles 5 5.2.4 AO 3 10YR 3/2 sandy loam many roots asphalt yes sm roots and med-Ige 5 5.2.4 Al 21 10YR 3/ rounded rocks and sil san pebbles many med-Ige rounded 5 5.2.4 131 38 10YR 4/6 wet san rocks and pebbles few med-Ige rounded 5 5.2.4 B2 62 10YR 5/ wet sand bbles many sm roots and 5 5.2.5 AO 4 10YR 3/ sand loam rounded ebbles asphalt Iyes A2-11 of 25 Cove Beach Estates Appendix A East Marion,NY Table A-2 Excavation Recons Ell mottle banded 10YR 4 few roots, many rounded 5 5.2.5 Fill 43 and 3/4 sandy loam pebbles asphalt yes 5 5.2.5 Buried Al 66 10YR 3/3-sandy loam few rounded pebbles 5 5.2.5 Bt 77 10YR 4/6 damp,silty sand few pebbles sm-med roots, rounded 5 5.2.6 AO 7 10YR 3/4 loam pebbles mottled/ banded 10YR 4/ 5 5.2.6 Redeposited A 45 and 4/6 damp,sandy loam cobbles and pebbles 5 5.2.6 Buried AO 50 10YR 3/2 silty sandy loam few sm roots buried root mat few angular rocks and 5 5.2.6 Buried Al 65 10YR 3/4 silty sandy loam pebbles 5 5.2.7 AO 15 10YR 3/2 sandy loam 5 5.2.7 Al 35 10YR 5/6 sandy loam 5 5.2.7 Bt 73 10YR 5/1 reworked sandy loam coal fra ments coal chips and 5 5.2.7 B2 95 10YR 3/4 sandy chunks 5 5.2.8 AO 10 10YR 3/3, sandy loam many roots med roots, many angular 5 5.2.8 Al 18 10YR 3/2 dam ,sand loam and rounded rocks asphalt damp,silty sand 5 5.2.8 A2 36 10YR 4/4loam many angular rocks asphalt yes 5 5.2.8 B1 69 10YR 4/6 damp sand some rounded pebbles 5 5.2.9 AO 2 10YR 2/2 sand loam 5 5.2.9 At 11 10YR sandy loam 5 5.2.9 B1 58 10YR 6 sand few pebbles 5 5.2.9 B2 64 10YR T/4 sand few pebbles 6 6.1.1 AO 8 10YR sandy loam many roots few roots, many rounded 61 6.1.1 Al 16 10YA 3/3 silty sanc pal 61 6.1.1 61 51 10YR 5/ sand pebblesl 61 6.1.21 AO 3 10YR 2/2 sandy loam many am roots 1peaty A2-12 of 25 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record RedepositedA 6 6.1.2 1 18 1OYR 3/2 silty sand many sm roots RedepositedA 6 6.1.2 2 40 10YR 4/4 damp, silty loam few sm roots and rocks 6 6.1.2 Buried Al 58 10YR 3/ dam , sil sand few sm roots bottom of level 6 charred wood at 6.1.2 61 75 10YR 5/ dam , fine sand few sm pebbles 6 6.1.3 AO 8 10YR 3/ sand loam man sm roots vy organic 6 6.1.3 A7 28 10YR 4/ si son few sm roots and pebbles 6 6.1.3 61 54 10YR 5/8 sand man pebbles 6 6.1.4 AO 6 10YR 2/2 sand loam man sm roots 6 6.1.4 Al 11 10YR 3/ sil son man sm roots vy organic 6 6.1.4 A2 25 10YR 3/ sil son 6 6.1.4 B1 47 10YR 5/6 10YR 4/3 sand at sand man sm pebbles bottom 6 6.1.5 AO 7 10YR 3/2san loam many sm roots 6 6.1.5 Al 15 10YR 3/3 silty sanc few sm roots IOYR 7/6 mixing of sand could 6 6.1.5 61 62 and 6/ be due to interface sand pebbles with a lower strat 6 6.1.6 AO 4 10YR 2/2 sand loam man sm roots 6 6.1.6 Al 22 10YR 3/2 dam ,sil sand few sm roots machine cut nail 6 6.1.6 61 30 tOYR 4/ dam sand worm holes 6 6.1.7 AO 8 10YR 2/ sand loam aluminum modern/historic man root container frogs artifacts 6 6.1.7 Al 30 10YR 3/ dam ,sil sand sm-med roots metal screw 6 6.1.7 Bi 70 10YR 5/ pebbles, large root Wesand botto6 6.1.8 AO 5 10YR 3 sand loam com act, man roo6 6.1.8 Ai 35 10YR 3 dam , sil sand few sm roo6 6.1.8 61 63 10YR 4/ sand tew bbl6 6.1.9 AO 3 10YR 3/ san loam few roo6 6.1.9 Ai 18 10YR 3/ dam ,sil sand man sm-med roo A2-13 of 25 Cove Beach Estates Appendix A East Marion,NY Table A-2 Excavation Record 6 6.1.9 Bi 56 1OYR 4/61 sand few roots, pebbles 6 6.2.1 AO 7 10YR 3/ loam many roots 6 6.2.1 Al 15 10YR 4/31 clayey san 6 6.2.1 61 40 10YR 6/2 sand pebbles 6 6.2.2 AO 5 10YR 2/2 sandy loam oom act, many roots peaty 6 6.2.2 Al 12 10YR 3/4 fine silty sand few sm roots and pebbles 61 131 29 10YR 4/6 coarse-fine sand I e roots and rocks many cobbles, pebbles 6 6.2.2 B2 44 10YR 5/8 sand and gravel 61 6.2.2 B3 59 10YR 5/ sand many vy sm pebbles 6 6.2.3 AO 6 10YR 2/2 sand loam compact, many roots 6 6.2.3 Al 31 10YR 3/3 fine sand man sm-med roots 6 6.2.3 B1 43 10YR VE fine sand vy man root 6 6.2.6 AO 6 10YR 3/ sandy loam many sm roots charred wood in north wall, 12 cm wide btwn 61 6.2.6 Al 28 10YR 3/ silty sanc few sm roots 14-23 cm down 6 6.2.6 B1 49 1OYR 6/81 sand few pebbles 6 6.2.7 AO 3 10YR 3/6 sandy loam many sm roots 6 6.2.7 Al 20 10YR 3/6 silty san 6 6.2.7 B1 38 10YR 4/6 sand many pebbles 6 6.2.8 AO 5 10YR 3/2 sand loam man sm roots fra s glass container 6 6.2.8 All 23 10YR 3/4 si sand 6 6.2.8 B1 45 10YR 5/4 sand layer of sm cobbles 6 6.2.9 AO 7 10YR 3/31 sandy loam roots 6 6.2.9 Al 14 10YR 3 silty sanc roots 6 6.2.9 B1 50 10YR 4/61 fine silly sent few sm pebbles 7 7.1.1 AO 4 10YR 2/ loamy sand man sm roots 7 7.1.1 Al 21 10YR 3/ sillysandsm roots 7 7.1.1 B1 50 10YR 4/61 sandl few rounded pebbles, 7 7.1.2 AO 6 10YR 2/ loam sand com act, man roots 7 7.1.2 Al 35 10YR 3/ siltysan few sm ,00 roots A2-14 of 25 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record i 7 7.1.2 B1 77 10YR 4/6 few am roots, pebbles 7 7.1.3 AO 7 10YR 3/1 sand loam towards bottom charcoal fra s any am roots 7 7.1.3 At 27 10YR 3 sil san mfew sm roots 7 7.1.3 B1 70 10YR 5/ sand many pebbles 7 7.1.4 AO 2 1OYR 3/2 sandy loam many am roos 7 7.1.4 Al 20 10YR dam , s"-sanc man sm-med roos 7 7.1.4 81 60 10YR 4/ dam sand few roos, man ebbl 7 7.1.4 B2 80 1OYR 5/6 sand vy many rounded pebbles 7 7.1.5 AO 8 10YR 3/ sand loam man sm roots 7 7.1.5 Al 18 10YR 4/3 sil san few sm roots 7 7.1.5 81 61 10YR 5/ sand man sm ebbles 7 7.1.7 AO 8 1OYR 4/ sand loam 7 7.1.7 Al 25 10YR 4/ sand loam 7 7.1.7 B1 42 10YR 5/6 loam sand bbles 7 7.1.8 AO 8 10YR 4/ san loam 7 7.1.8 Al 31 10YR 3/3 san loam 7 7.1.8 61 61 10YR 5/ loam sandbbles 7 7.1.9 AO 8 1 OYR 2/2 thick roots 7 7.1.9 Al 31 10YR 2/2 sand loam 7 7.1.9 B1 61 10YR 5/4 san loampebbles 7 7.2.2 AO 2 10YR 3/1 sand loam man roots 7 7.2.2 Al 20 10YR 3/ sil loam man root 7 72.2 Bt 40 1OYR 4/6 fine sand few am roots 7 7.2.3 AO 5 10YR 3/1 loamy sand RedepositedA 7 7.2.3 1 15 10YR 3/4 loam many roots 7 72.3 Buried Al 32 10YR 3 san loam 7 7.2.3 B1 52 --Toy—R4/4 sand 7 7.2.3 B2 62 10YR 5/ sand bbles 7 7.2.4 AO 7 10YR 3 sand loam man am roots 7 7.2.4 At 13 10YR 3/ si san few am roots and ebbles 7 7.2.4 B1 53 10YR 4/ sand ebbles lass sherds 7 7.2.5 AO 3 10YR 3/ sand loam man roots 7 7.2.5 At 43 t OYR 3/ si san few am roots charcoal A2-15 of 25 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record yrx 7 7.2.5 Bt 67 10YR 4/ sand sm pebbles 7 7.2.6 AO 7 10YR 4/4 sand loam 7 7.2.6 Al 27 10YR 4/2 sandyloan 7 7.2.6 B1 69 10YR 516 loam sand cobbles and-pebbles 7 7.2.7 AO 9 10YR 212 sandy loam many sm roots 7 7.2.7 Al 27 10YR 3 damp,silty sand few sm-I a roots 7 7.2.7 B1 45 10YR 4/6 sand pebbles 7.2.8 AO 6 10YR Y/2 sand loam 7 7.2.8 Al 34 10YR 4/41 sand loam 7 7.2.8 B1 59 10YR 4/61 loamy sand pebbles 7 7.2.9 AO 10 10YR 2/ sand loam 7 7.2.9 Al 28 10YR 3/ sandy loam 7 7.2.9 B1 53 1 10YR 5141 sandy loam 8 8.1.1 AO 8 10YR 3/1 sand loam 8 8.1.1 Al 18 10YR 4 sandyloam 8 8.1.1 Bt 58 10YR 7/4 sand 8 8.1.2 AO 3 10YR 3TJ sandvioam many sm roots many sm-med angular 8 8.1.2 Al 13 10YR 3/4 damp,silty sand pebbles 8 8.1.2 61 1 62 10YR 5/8 many angular rocks and sand pebbles 8 8.1.3 AO 5 10YR 3/2 sand m loa 8 8.1.3 Al 22 1OYR 4/4 sand loam 8 8.1.3 B1 60 10YR 6/ loamy sand 8 8.1.4 AO 10 10YR 4/11 sandy loam 8 8.1.4 Al 40 10YR 3/31 sandy loam 8 8.1.4 B1 67 10YR 5/61 loam sand 8 8.1.5 AO 6 10YR 3/1 sand loam 8 8.1.5 Al 34 10YR 4 sandv loam 8 8.1.5 B1 67 10YR 5/6 loam sand 8 8.1.6 AO 8 10YR 3/1 sandy loam 8 8.1.6 Al 20 10YR 4/2 san loam 8 8.1.6 B1 45 10YR 5/6 loamy sand pebbies 8 8.1.7 AO 10 10YR 3/1 sandy loam 8 8.1.7 Al 34 10YR 3/ sand loam 8 8.1.7 B1 54 10YR 4/ loam sand la a cobbles 8 8.1.8 AO 7 10YR 4/1 san loam A2-16 of 25 I I I I I I I t 1 1 I I I i I I I I 1 Cove Beach Estates Appendix A East Marion,NY Table A-2 Excavation Record 8 8.1.8 Al 25 10YR 5/3 sandy loam 8 8.1.8 Bt 47 7.5YR 6/8 loamy sand 8 8.1.9 AO 5 10YR 3 sandy loam 8 8.1.9 Al 17 10YR 4/3 sand loam 8 8.1.9 B1 42 10YR 5 loamz sand many sm roots, few med- 8 8.2.1 AO 4 10YR 3/ sandy loam I e pebbles few sm roots and rounded 81 8.2.1 Al 11 10YR 3/ silty sand pebbles few med roots, sm 8 8.2.1 B1 43 10YR 5/8 compact sand pebbles 8 8.2.1 B2 57 10YR 7/1 sand many sm roots and 8 8.2.2 AO 7 tOYR 3/ sandy loam rounded pebbles 8 8.2.2 At 15 10YR 3/ silty sand many sm rounded pebbles few sm roots and rounded 8 8.2.2 B1 38 1 10YR 4/6 sand pebbl 81 8.2.2 B2 56 10YR 6/6 sand few sm rounded pebbles many sm roots, sm-med 8 8.2.3 AO/A1 11 1OYR 2/2 sandy loam rounded pebbles few sm-med rounded 8 8.23 B1 54 10YR 5/8 sand pebbles many roots and pebbles- 8 8.2.4 AO 22 10YR 2/2 sandy loam thick root mat 8 8.2.4 Al 39 10YR 3/3 silty sand many pebbles 81 8.2.4 Bt 66 10YR 4/6 sand few small pebbles 81 8.2.5 AO 6 10YR 3/2 sandy loam many sm roots 81 8.2.5 Al 33 10YR 3/4 silty san few sm-med roots 8 8.2.5 B1 53 10YR 5/8 sand some sm pebbles 8 8.2.6 AO 5 10YR 3/31 sandy loam 8 8.2.6 Al 18 10YR 4/41 sandy loam 8 8.2.6 Bt 56 1 10YR 5/81 loamy sand pebbl 8 8.2.7 AO 5 10YR 3/21 sandyloam 8 8.2.7 Al 23 10YR 4/ sandyloam 8 8.2.7 B1 58 10YR 5 loamy sandl pebblesl 81 8.2.8 AO 8 10YR damp, sandy loaml many sm roots A2-17 of 25 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record 81 8.2.8 Al 28 10YR 3/4 siltv san few sm-I a roots 8 8.2.8 81 57 10YR 5/ sand pebbles 8 8.2.9 AO 5 10YR 2/2 sandy loam 8 8.2.9 Al 25 10YR 3/2 sandy loam 8 8.2.9 61 45 10YR 4/4 loamy sand pebbles 9 9.1.1 AO 3 10YR 3/1 sandy loam 9 9.1.1 At 24 10YR 4/1 sandy loam many roots 9 9.1.1 B1 51 10YR 4/4 wet loamy/clayey san 91 9.1.2 AO 4 10YR 3/2 sandy loam sm roots few sm roots, rounded 9 9.1.2 At 15 10YR 3/4 silty sanc pebbles few med roots,sm-med 9 9.1.2 B1 40 10YR 4/61 sand rounded pebbles 9 9.1.3 AO/A1 7 10YR 3/3 silty sand many roots few roots, sm-med rocks 9 9.1.3 B1 43 10YR 4/6 sand and pebbles 9 9.1.4 AO 4 10YR 4/2 sand loam 9 9.1.4 At 17 10YR 3/2 sandy loam 9 9.1.4 B1 48 10YR 4/6 loamy sand pebbles 9 9.1.5 AO 17 10YR 3/2 sandy loam many sm roots 9 9.1.5 Al 27 10YR 3/4 silty sand some sm roots charcoal frags, not recovered 9 9.1.51 B1 63 10YR 5/6 sand sm-med rounded pebbles from field 91 9.1.61 AO 3 10YR 2/1 sand loam 9 9.1.6 Al 24 10YR 3/2 sandy loam 9 9.1.6 81 61 10YR 4/61 loamy sand 9 9.1.7 AO 4 10YR 4/11 sandy loam 9 9.1.7 Buried A? 21 10YR 4/21 sand loam many roots 9 9.1.7 A2 38 10YR 4/ sandy loam roots 9 9.1.7 Bt 62 10YR 5/61 loam sand pebbles 9 9.1.8 AO 5 10YR 3 sandvioan man sm-med roots 91 9.1.8 Al16 10YR 3/ si san few sm roots 9 9.1.8 B7 40 10YR 5/ sand few sm roots, bbles 91 9.1.9 AO 5 1 10YR sandy loam root mat A2-18 of 25 I I 1 I I I I I I I I I I 1 I I 1 I 1 Cove Beach Estates Appendix A East Marion,NY Table A-2 Excavation Record 119 MM charcoal(rags, not recovered 9 9.1.9 Al 21 10YR 3/4 silty sand sm-I a roots from field few sm roots, sm-med 9 9.1.9 61 1 60 10YR 4/6 sand loam rounded pebbles 9 9.2.1 AO 10 10YR 3/1 sandy loam 9 9.2.1 Al 30 10YR 3/2 sandy loam 9 9.2.1 B1 60 10YR 5/6 loamy sand pebbles 9 9.2.2 AO 10 10YR 3/1 sandy loam 9 9.2.2 At 25 10YR 3/1 sandy loam 91 9.2.2 Bt 50 10YR 5/6 loamy sand 91 9.2.2 AO 5 10YR 3/1 sandy loam 91 9.2.3 At 24 10YR 3/2 sandy loam 9 9.2.3 131 54 10YR 5/6 loamy sand few pebbles 9 9.2.4 AO 4 10YR 3/3 sand loam many sm roots few roots, sm-med round 9 9.2.4 At 17 10YR 3/4 silty sand pebbles med roots, few sm-med 9 9.2.4 61 51 10YR 5/8 sand rounded pebbles 9 9.2.4 132 65 10YR 6/4 sand 9 9.2.5 AO 2 10YR 3/4 sand loam many roots many sm-med roots,few rounded rocks and 9 9.2.5 Al 25 10YR 3/4 damp,silty sand pebbles damp, compact fine 9 9.2.5 Bt 43 10YR 4/6 sand many cobbles 9 9.2.6 AO 5 10YR 3/3 damp, sandy loam sm-med roots 9 9.2.6 At 12 10YR 3/4 silty sand sm-med rounded pebbles 9 9.2.6 B1 53 10YR 4/6 sand sm-med rounded pebbles rusty iron fra 9 9.2.7 AO 8 10YR 3/3 sandy loam sm-med roots sm roots, sm-med 91 9.2.71 At 1 18 1 10YR 3/ silty sand rounded pebbles sand sm-Ige rocks and 9 9.2.7B1 59 10YR 4/ sand cobbles 91 9.2-81 AO 10 10YR 2/11 loam A2-19 of 25 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record r 9 9.2.8 Al 35 10YR 3 loam 9 9.2.8 B1 57 10YR 4/ sand loam 9 9.2.9 AO 7 1 OYR 3/2 loam 9 9.2.9 Al 25 1 OYR 3/3 loam 9 9.2.9 B1 57 1 OYR 5/8 sandy loam sm-med roots,specks of 10 10.2.1 AO 6 1 OYR 3/3 damp, sandv loam light colored sand 101 10.2.1 Al 23 10YR 3/3 sifty sand few sm roots, sm-med 10 10.2.1 Bi 54 10YR 4/6 sand rounded pebbles 10 10.2.2 AO 12 10YR 4 sand loam 10 10.2.2 Al 41 1 10YR 3/2 sandyloam 10 10.2.2 B1 62 10YR 5/6 loamy sand 10 10.2.3 AO 12 10YR 3/2 sandv loam 10 10.2.3 Al 25 10YR 3/3 sandy loam 10 10.2.3 B1 45 10YR 5/6 loamy sand 10 10.2.4 AO 5 10YR 3/2 sandy loam 101 10.2.4 Al 25 1 OYR 4/3 sandy loam 10 10.2.4 Bt 67 1 OYR 5/8 loamV sand 10 10.2.5 AO 6 1 OYR 3/3 wet, sandy loam root mat 10 10.2.5 At 23 1 OYR 3/2 compact siltv sand sm roots 10 10.2.5 B7 56 1 OYR 5/6 wetsandy med rounded pebbles 10 10.2.6 AO 7 1 OYR 3/1 sandy loam 10 10.2.6 Al 25 1 OYR 3/3 sandv loam 10 10.2.6 131 53 1 OYR 5/8 loamV sand 101 10.2.71 AO 11 10YR 3/3 sandy loam 101 10.2.71 Al 36 10YR 3/2 sandy loam 101 10.2.71 131 63 1OYR 5/6 loamy sand 101 10.2.81 AO 1 1 OYR 2/2 sandy loam dense root mat few roots, sm rounded 10 10.2.8 Al 19 1 OYR 3/2 wet,siftV sanpebbles compact,wet,sand) sm-med rocks and 10 10.2.8 Bi 69 10YR 4/6 loam pebbles 10 10.2.9 AO 5 1OYR 2/2 sandy loam 10 10.2.9 Al 20 1 OYR 3/3 sandy loam 10 10.2.9 B1 60 1 OYR 5/8 loamv sand pebbles 101 10.2.10 AO 4 1 OYR 2/2 sandyloam A2-20 of 25 1 I 1 I I I I I I I I I I I I I I I 1 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record 101 10.2.101 Al 32 10YR 3/1 sandy loam 10 10.2.10 61 56 10YR 5/6 wet, loamy sand 10 10.2.11 AO 4 10YR 3/1 sandy loam 10 10.2.11 Al 22 10YR 3/2 sandy loam 10 10.2.11 Bt 54 10YR 5/6 loamy sand pebbles 1010.2.12 AO 4 10YR 3/1 sandy loam 77 10 10.2.12 Al 17 10YR 3/2 sandy loam 10 10.2.12 81 48 10YR 5/6 loamy sand cobbles 101 10.2.131 AO 5 10YR 3/1 sandy loam 101 10.2.131 Al 20 10YR 3/2 sand loam 101 10.2.131 B1 47 10YR 5/8 loamy sand few pebbl 11 11.1.1 AO 8 10YR 3 loam root mat compact, damp, few roots, sm angular 11 11.1.1 Al 47 10YR 3/4 sandy loam rocks compact, damp,silty 11 11.1.1 Bt 57 10YR 4/6 sand 11 11.1.2 AO 3 10YR 3/1 damp, sandy loam 11 11.1.2 Al 31 10YR T13 sandy loam 11 11.1.2 B1 51 10YR 4/ compact, sandy loam few pebbles 11 11.1.3 AO 4 10YR 3 sandy loam root mat compact,wet,sandy very compact, 11 11.1.3 At 34 10YR 3/4 silt few am roots almost clayey compact, wet, silty 11 11.1.3 B7 49 10YR 5/8 sand gravel at bottom 11 11.1.4 AO 2 10YR 3/2 sandy loam root mat compact, wet sand 11 11.1.4 At 47 10YR 3/4 silt compact, wet, silty 11 11.1.4 131 53 10YR 5 sand gravel at bottom 11 11.1.5 AO 4 10YR 3/1 damp, sandy loam 11 11.1.5 Al 33 10YR 4/3 sandyloam 11 11.1.5 B1 55 10YR 4/61 compact, sandy loami oebblesl 11 11.1.6 AO 4 10YR 3/ silty load compact, wet sanrM 11 11.1.6 Al 40 10YR 3/ silt sm-med roots A2-21 of 25 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record .�;Y ttr Gott' I: compact, wet,sandy many rounded rocks and 11 11.1.6 B1 53 10YR 4/6 silt pebbles rclaev 11 11.1.7 AO 3 10YR 3/1 sandy loam 11 11.1.7 At 31 10YR 4/3 sandy loam many roots compact, damp, 11 11.1.7 Bi 52 10YR 5/61 loamy sand cobbles 11 11.1.8 AO 4 10YR 3/3 wet,silty loam compact,wet silly 11 11.1.8 Al 28 10YR 4/4 loam sm-med roots clayey few sm roots, rounded 11 11.1.8 131 60 10YR 4/6 sandy silt pebbles 11 11.1.9 AO 3 10YR 3/1 sandy loam 11 11.1.9 Al 31 10YR 3/1 damp, sandy loam many roots compact, damp, ill 11.1.9 B2 59 10YR 5/61 loamy sand cobbles 111 11.2.1 AO 4 10YR 3/ wet,silly loam roots 11 11.2.1 Al 30 10YR 3/41 wet,silly loam sm-med roots compact,wet silty 11 11.2.1 B1 50 10YR 5/6 sand few sm roots clayey 11 11.2.2 AO 4 10YR 2/1 loose,sandy loam 11 11.2.2 At 32 10YR 4/2 com act, sand loam 11 11.2.2 Bt 54 10YR 4/4 loamy sand pebbles 111 11.2.3 AO 3 10YR 2/1 sandy loam compact, damp,sandy 11 11.2.3 Al 38 10YR 3/2 loam compact, damp sandy 11 11.2.3 B1 58 10YR 4/4 silt pebbles 11 11.2.4 AO 4 10YR 3/2 sandy loam root mat compact, wet,sandy 11 11.2.4 Al 43 10YR 4/4 sift few sm roots compact, wet, silly sm-med rounded cobbles 11 11.2.4 Al 54 10YR 5/8 sand at bottom 11 11.2.5 AO 2 1 10YR 3/21 sandyloaml root mat compact,wet,sand 11 11.2.5 Al 41 10YR 3/ silt sm roots A2-22 of 25 I I I I I I I I I I I I I I M = M = = M = = M = M M M I� Cove Beach Estates Appendix A East Marion,NY Table A-2 Excavation Record tfyryM^fS L compact,wet, silt 11 11.2.5 Bt 53 10YR WE sand clum py 12 12.1.1 AO 4 10YR 3/2 sand loam root mat 12 12.1.1 Al 32 10YR 4/4 compact sandy sit sm-med roots Iclumpy compact, damp, silty 12 12.1.1 61 50 10YR 5/8 sand 12 12.1.2 AO 4 10YR 3/1 wet, sandy loam roots 1clayey 12 12.1.2 Al 11 10YR 3/3 compact, sandy loam heavy roots compact, wet, sand 12 12.1.2 B1 26 10YR 4/6 loam clayey, pills 12 12.1.3 AO 3 1OYR 3/2 sandy loam root mat 12 12.1.3 Al 42 10YR 4/4 compact sandy silt sm-med roots almost clayey compact, damp, silty 12 12.1.3 B1 48 10YR 5 sand 12 12.1.4 AO 3 10YR 2/2wet,sandy loam roots heavy, clayey compact, wet, sand 12 12.1.4 B1 52 1OYR 4/6 loam clayey, pills 12 12.1.4 Al 32 10YR 3/2 compact, sandy loam very heavy root 12 12.1.5 AO 4 10YR 3/1 sandy loam detaches easily 12 12.1.5 Al 47 10YR 4/3 compact, sandy loam heavy roots compact, wet, sandy 12 12.1.5 B1 59 10YR 5/6 loam clayey, pills 12 12.1.6 AO 3 10YR 3/1 sandy loam detaches easily 12 12.1.6 Al 44 10YR 4/ compact, sandy loam very heavy root compact, wet,sandy 12 12.1.6 Bt 56 10YR 5/ loam clayey, ills 12 12.2.1 AO 6 1 OYR 3/ san loam root mat 12 12.2.1 Al 37 10YR 4/4 compact, sandy silt sm-I a roots clayey 12 12.2.1 61 51 10YR 5/ com act, sil sand 12 f12,2.2 AO 5 10YR 3 sand loam root mat compact, wet,san 12 Al 37 tOYR 4/ siftsm-med rootsi clayey A2-23 of 25 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record a compact, wet,si 12 12.2.2 Bi 50 10YR 5/8 sand 12 12.2.3 AO 2 10YR 3/2 sandy loam root mat compact, wet, sandy 12 12.2.31 At 40 10YR 4/4 silt sm-med roots compact,wet,silty 12 12.2.3 B1 50 10YR 5/E sand I e root at bottom 12 12.2.4 AO 4 10YR 3/2 sand loam root mat compact, wet, sandy 12 12.2.4 Al 40 10YR 4/4 silt compact,wet,silty 12 12.2.4 B1 50 10YR 5/6 sand 121 12.3.11 AO 3 10YR 3/1 loose,sandy loam 12 12.3.1 At 43 10YR 4/3 compact, sandy loam roots 121 12.3.1 Bi 58 10YR 4/6 loamy sand 121 12.3.2 AO 4 10YR 3/1 loose,sandy loam 12 12.3.2 Al 29 1OYR 3/3 compact, sandy loam roots 12 12.3.2 81 53 10YR 4/6 wet, loamv sand clayey 12 12.3.3 AO 5 10YR 3/1 sandy loam root mat detaches easil 12 12.3.3 Al 40 10YR 3/3 compact, sand loam heavy root compact,wet, loam 12 12.3.3 Bi 59 10YR 4/6 sand clayey, pills 12 12.3.4 AO 3 1OYR 3/1 sandv loam detaches easy 12 12.3.4 At 38 10YR 4/ compact, sandy loam heavy root compact,wet, sand 12 12.3.4 Bi 59 10YR 5/6 loam clayey, pills 12 12.3.5 AO 3 10YR 3/1 sandy loam detaches easy 12 12.3.5 Al 43 10YR 4/ compact, sandy loam compact, wet andy 12 12.3.5 B1 55 10YR 5/6 loam clayey, ills 12 12.3.6 AO 4 10YR 3/ sandyloam root mat A2-24 of 25 Cove Beach Estates Appendix A East Marion, NY Table A-2 Excavation Record ,aa lot# Ust�# A-Strat Nig, ``�@ °�� Notes, compact, wet, sandy 12 12.3.6 Al 36 10YR 4/4 silt sm-med roots compact, wet, silty 12 12.3.6 B1 50 1OYR 5/8 sand A2-25 of 25 1 ' Appendix B Artifact Catalogue 1 1 Cove Beach Estates Appendix B Long Island,NY Artifact Catalogue 2 2.2.4 Al Not Assi ned Unspecified Iron 1 Cast Iron? Fragment Possible cookware IIF ?- 3 3.1.5 B7 Activities Miscellaneous Artifacts Charcoal 2 Fragments 0.3 Tiny 3 3.1.13 Al Activities Miscellaneous Artifacts Coal 1 Fragment 0.1 Tiny 4 4.1.1 A7 Activities Public Services Ceramic 1 Pipe Fragment Brown glazed q_2.2water/sewer pipe 4 2W A7 Food S/P/S Tableware Glass 2 Molded Clear Bodysherds Possible tumbler 4 q2W' Al Not Assigned Unspecified Glass 1 Clear Fragment Curved;thin;tiny 4 4.2.3 A2 Food S/P/S Historic Undecorated Ceramic Ceramic 1 Ironstone Bodyspall 1850+ Unidentified form Historic 4 4.2.3 A2 Food S/P/S Ceramic Ceramic 1 Undecorated Bodysherd 1850 Thick body; unidentified Whiteware form 4 4.2.3 A2 Faunal Remains Shell Shell 1 Hard Shell Fra ment Clam g 0.5 Small 4 4.2.3 62 Faunal Remains Shell Shell 1 Unidentified Fragment 0.3 Very weathered 4 4.2.3 B2 Not Assigned Unspecified Iron 82 Can? Very oxidized; Fragments unidentified can; includes crimped rim section 4 4.2.4 Al Food S/P/S Historic Undecorated Ceramic Ceramic 1 Madeysherd 1850+ Probable dinner size Ironstone late 4 4.2.4 A7 Food S/P/S Bottle/Container Glass 1 Aqua Bodysherd Unidentified;possible beverage 4 4.2.4 Al Food S/P/S Bottle/ Glass 1 Pale Green Bodysherd Container Y Unidentified 4 4.2.4 At ClothingRelated Fastener Cu Allo 1 Grommet Whole 3/8 inch diameter 4 4.2.4 Al Activities Miscellaneous Charcoal 2 Artifacts Fragments 0.2 Tiny 4 4.2.4 At Activities 20th C Debris Glass 1 Automobile indow Fragment 20th C Safety glass W 4 4.2.4 Al Not Assigned Unspecified Glass 1 Molded Ambe Bodysherd Ink/Pharm/Med? 5 5.1.3 Al Architectural Construction Red Brick 1 Materials Fragment 0.2 Tiny B-1 Cove Beach Estates Appendix B Long Island,NY Artifact Catalogue v 5 5.1.3 Al Architectural Construction Concrete 1 Fragment 0.6 Tiny Materials 5 5.1.6 B1 Activities Miscellaneous Chamoal 4 Fragments 1.3 Artifacts 5 5.1.8 AO Furnishings Decorative Glass 1 Pressed Bodysherd 1905 Iridescent Carnival Glass Fumishin s 5 5.1.9 AO Historic 1 Burned Food S/P/S Ceramic Ceramic Unidentified Bodyspall 5 5.1.9 AO Bottle/ 3 Unidentified Food S/P/S Container Glass Clear Bod sherds 5 5.1.9 AO Bottle/ 1 Unidentified Food S/P/S Container Glass A ua Bod sherd 5 5.1.9 AO Construction 2 Tiny Architectural Materials Red Brick Fragments 0.8 Miscellaneous 5 5.1.9 AO Activities Artifacts Coal 2 Fragments 5.6 5 5.1.9 AO Miscellaneous 1 Small Activities Artifacts Charcoal Fragment 0.1 5 5.1.9 AO Not Assigned Unspecified Glass 2 Fragments Melted; unidentified 5 5.1.9 AO Not Assigned Unspecified Glass 1 Clear Fragment Thin,curved; light bulb? Historic Undecorated Partial green printed 5 5.2.7 61 Ceramic 1 Ironstone mark: Rd in box-Registry Food S/P/S Ceramic Basesherd 1884 mark, British 5 5.2.7 B1 Architectural Nails Iron 1 Wire Partial Corroded; missing head 5 5.2.7 Bt 1 Undecorated, unmarked; SmokingPie Pie Ball ClayPi estem Fragment 4/64 inch bore diameter Miscellaneous 5 5.2.7 B1 Activities Artifacts Coal 6 Fragments 16.3 6 6.1.1 AO Faunal Remains Shell Shell 1 Unidentified Fragment 0.4 Very weathered Miscellaneous 6 6.1.2 Al Activities Artifacts Charcoal 4 Fragments 4.5 Appear to be woods fra s 6 6.1.6 Al Architectural Nails Iron 1 Wire Whole 20th C 4 inch Ion 6 6.1.7 AO Activities 20th C Debris White Metal 1 Foil Fra ment 20th C Possible closure-wine? 6 6.1.7 AO Activities 20th C Debris Plastic 8 Fra mems 20th C O a ue white 6 6.1.7 AO Not Assi Assigned _Unspecified Unidentified 1 Fra ment Possible rabbit ellet? B-2 M = = = M M M M M M M = = M = i Cove Beach Estates Appendix B Long Island,NY Artifact Catalogue . a Key/Rolled 6 6.1.7 Al Activities 20th C Debris Iran 1 Metal Whole 1928 Ke from food/coffee can Bottle/ 6 6.1.8 Al Food S/P/S Container Glass 1 Clear Bod sherd Unidentified 6 6.2.6 A7 Miscellaneous Activities Artifacts Charcoal 80+ Fragments7 275 Bottle/ 6 6.2.6 AO Food S/P/S Container Clear Glass 10 Mason-type lid Fragments 1875 Mason-t ejar lid Miscellaneous 7 7'1'2 81 Activities Artifacts Charcoal 3 Fragments 0.3 Small Miscellaneous 7 7.2.5 Al Activities Artifacts Charcoal l Fragment 0.1 Tin Hard Shell 7 7.2.8 AO Faunal Remains Shell Shell 2 Clam Fragments 37.1 Including hinge Historic Undecorated Partial green printed 9 9.2.3 Al Ceramic l Ironstone mark: "...P Co. ...in Food S/P/S Ceramic Basesherd 1850+ U.S.A.",not identified Miscellaneous 1/2 inch square section; 2 9 9.2.6 B1 Activities Artifacts Iron 1 Grate? Fragment inch long Historic Undecorated 11 11.2.3 Al Food S/P/S Ceramic Ceramic 1 Whiteware Rimsherd 1850+ Scalloped rim; plate 11 11.2.3 Al Miscellaneous 1 Activities Artifacts Charcoal Fragment 1 0.1 Tin B-3