Loading...
HomeMy WebLinkAboutPublic Correspondence 9/14/28 TO: Southold Town Planning Board ( / Q5' RE: Proposed Oyster Farm Project | am writing in opposition to the above proposal by Will Peckham. Briefly, | have One Observation and one question only. | attended the MattitUok library meeting Mr. Peckham held t0 quell any dissension tohis Project. |t DID NOT! | also attended your public meeting this evening at Town Hall and Observed that the most vocal proponents of this project appeared to be one vVornoD From Connecticut and one woman from Gnaenp0rt, plus 8 few of his employees. None of VVhorn are going to be impacted negatively by this operation. My question imasimple One: do you know of anyone who WANTS to live in close proximity Toa Seafood processing facility? | think not! Your hearing tonight was crowded with Neighbors OD [}8op Hole Creek who oppose this onmDle[Ci3|izEtinn of our community. | vYoV|d expect that the Town of Southold decline to approve any such operation as This one in residential areas, particularly nn one of our local creeks. VVe the Taxpayers Deserve that support from our |0c8| government or we will destroy the Very landscape Our beloved North Fork ia known for. Mr. Peokharn`e business never should have been Allowed initially here as this area is clearly the WRONG p|ooa for such a nornnnnrnia| enterprise. Thank you for your consideration. Joan \( S winki 1800 Deep Hole Drive MattitUok, NY 11952 From: Noncarrow, Denis Sent: Wednesday, September 16, 2026 10:37 AM To: Lanza, Heather; Michaelis,Jessica Cc: Cantrell, Elizabeth; Hobson, Thomas; Norklun, Stacey Subject: FW: DHC Land LLC Ag Building ..in response to the Public Hearing on 9/14/2026 Please see email and forward to Planning Board members Thankyou From: Dave Corieri [mailto:dcorieri@apexinsurance.com] Sent:Tuesday, September 15, 2026 10:49 AM To: Noncarrow, Denis <denisn@southoldtownny.gov> Subject: [SPAM] - DHC Land LLC Ag Building ..in response to the Public Hearing on 9/14/2026 ATTENTION: Town Clerk James Rich1 11 Mia Jeaous-dank F7,,k MD Donald j .Wilcenski St�P '4 r Martin Sidor � � 1(j ?SOUTHOLD TOWN Pierce Rafferty PLANNING BOARD IN ADDITION : Board of Trustees Town of Southold Everyone : I voiced my opinion at the meeting on 9/14/26 in opposition to the proposed Oyster farming industrial operation proposed. Outlined below are reasons the planning board should decline the proposed processing operations . 1- Scale and intensity of the operation...the concern is NOT farming itself; it is whether an INDUSTRIAL/COMMERCIAL scale of the processing operation is appropriate immediately adjacent to residential properties.! 2- The applicant has indicated that oysters from OTHER GROWERS could also be processed at the site . 3- TRUCK TRAFFIC and ROAD Safety on New Suffolk Ave ...points of concern are ...has the town conducted a detailed traffic analysis?. Size of the trucks?Where will they enter and exit the property?Will trucks travel New Suffolk ave and Marratooka lane?. How will this be addressed during peak summer traffic? As you are aware the traffic on New Suffolk ave is an infrastructure that has winding curves and NO shoulder . IF you have traveled that road,you'll know it's a country lane filled with bicyclists ,walkers ,runners dog walkers . IF a pedestrian is on the road generally you must STOP and let the auto coming at you in the opposite lane pass you run the risk of an injury to the pedestrian ...or worse!!!! This is bolstered by the towns DOCUMENTED evidence that the Town of Southold has recognized serious traffic and safety issues with New Suffolk Ave . Consequently ,any increase in commercial vehicles ,employee traffic, deliveries, 1 pickups ,agricultural equipment, and other operational traffic should be closely evaluated by a third-party professional traffic engineeringfirm considering the towns existing documented safety concerns.The project is just not appropriate for the residential section of Marritooka and NSA. BOTTOM line New Suffolk ave is a dangerous roadway in the town and traffic considerations and scaling back operations is the order of the day ! 4- The towns traffic growth will only grow and expand year over year, and the infrastructure will lag trying to keep up ....so what's the plan in 5 years. Look to the future and not a snapshot in time !!! 5- On another note, the proposed operation is next to Marratooka pond and Deep Hole Creek , and that area has experienced documented water quality concerns . In June of 2025 harmful blue- green algae were reported .The town should review stormwater ,wastewater ,septic/nitrogen loading and unloading and waterfront impacts . 6- Lastly the effect of a processing plant in the residential area ,including homes adjacent to the acreage ,bungalow lane and on Park Ave, will certainty diminish property valuations ..That, in itself, should be a major concern for the town to anticipate the action of property owners to the diminution of their properties ....I have NO problem with a home ,farm stand ,barn and plantings .....eliminate the processing plant and the ancillary buildings plus equipment that are associated with the preparation and distribution of oysters. I know the residents raised many more issues in objection to a so called " FARM......I respectfully request that these traffic ad safety concerns be made part of the official record for 4180 New Suffolk Ave application . Sincerely , David &Ann Corieri 412 Park ave Mattituck( resident since 1999) Mailing address: PO Box 975 Cutchogue NY 11935 CON F=I DENT IAL.ITY NOTICE I ho infor'rnation contained in this communication, including attachments may contain privileged-ind confidential infoirnation that is intenclod only for the exclusive use of the addi essoe, if the reactor of this mossage is not the intended recipient,or the employee or agent iosponsible tot delivering it to tho intended recipient;you are horoby notified fhat any dissemination,distribution or copying of this communication is strictly prohibited. If you have received this cammunication in error please notify us by tolophone immediately. BINDING NOTICE. Insurance cov-i age r.annot bo bound,amend od or cancelled n,e an e-mail rnes�>nge without confirmation from;an authorized ieprosentative of Apex Insurance Agency. ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 September 14. 2O28 GentByamai|: caiUimw@southoidtownny.gov P(3114 B C.,) 01 14 To- Southold Town Planning Board EDD E F` Town ofSouthold Town Hall Annex SOUTHOLD TOWN LPLANNiNG6 BOARD 54375 Route 25` PC) Box 1179 Southold, NY 11971 From: Todd Giordano 70O Donna Drive Mottituok. NY11Q52 Re: Proposed Project aL418O New Suffolk Ava.. Mott|tuok' NY1i952— [)HC Land LLC GCTM#: lOOO-I15. IO-l.l Dear Members of the Southold Town Planning Board: | amn reaching out Lo share concerns about this current project beforetheboand. ) believe much ofrny grievance with this current plan may likely extend past the scope of this board and rest on decisions that were made prior, however I want to submit just the same so my voice can be added to the record. Perhaps to alert those in town government that I believe more needs to be done to preserve the unique character and quality of our hamlets and towns. | believe vve may be20-4O years behind in our efforts to protect our unique experience of life out here on the east end of the north fork. It is important for the varied town entities involved in these building and development proceedings to please attune themselves-the core aesthetic qualities of our home are vanishing. As a whole I am in agreement with the town's comprehensive plan to foster agriculture and aquaculture in our township, however I'm not clear how this particular property, after what seemed to me, a generous and rather"righteous win"to save the property from development leaves us here at this point intime? We are faced with simply another variation of development albeit on the surface falling in line with 8OUthO1d TOVvn`s Comprehensive Plan to foster agricultural 8Dde@VOrS. | was n@iV8 perhaps, under the impression that the goal years back was to leave this parcel as a conservation effort, essentially keeping the field as a field. I thought Peconio Land Trust joined with concerned community members to step in for preservation and conservation efforts wholly, not in part? To conserve and protect the unique quality and nature of New Suffolk Avenue, which has slowly been being eroded by the mansions and mini-mansions placed along this special local roadway. Pecon|o Land Trust's original messaging and language do not connect to this current plan before the board. Of course, these are different groups with different functions but I'm disappointed in the lack of cohesiveness among the various organizations and town boards to which | would hope would share more ofa common goal. I don't believe at this time the town knows enough of this proposed plan to move forward in an informed manner. Given the current information available concerning the site plan, one is left with an uneasy, unknown open-ended quality of development possibilities that could significantly augment from the current proposal over time. Building @n@qU@8U|iure/agriCU|tUrG| processing hub according tD this proposed plan could open the door b] larger scale infrastructure needs given potential economic success Cf the proposed businesses that get involved over time. "Middle-of-the-supply-chain," leaves one questioning what will happen 5-1O years down the line? Over the coming years this property .. . ._.:._-cam..-:c...... ... could be housing and an undetermined number of joint enterprises, possible additional housing for workers or needed facility buildings adding to the unknown nature and effects to the roadway, land and Deep Hole Creek. The creek's designation as a Critical Environmental Area warrants a proper assessment or review of past decisions regarding this plan particularly. the impacts from wastewater and washdown, refrigeration and equipment, lighting, noise, waste handling, water use and vessel activity. These aspects should be better understood before the project becomes operational. sEQRA Type 11 classification focuses primarily on agricultural structures and may not be reviewing fully this site plan and the operational relationship between this facility and a designated Critical Environmental Area such as peep Hole Creek. In some ways I'm left feeling Will Peckham is trying to tell us he's a traditional terrestrial farmer however his operation scope is much larger and reaches out into the waterways in significant manner. My personal love of New Suffolk Avenue and living off of it my entire life leaves me concerned about traffic and safety as the roadway has grown to be a much more dangerous situation to navigate these many years, seeing increased traffic and frequent speeding vehicle issues, A facility involving processing, storage, a farmstand and distribution for multiple producers could very easily generate additional traffic dilemmas. Employee vehicles, deliveries, visitors and truck traffic of an unknown nature. outhold's Comprehensive Plan emphasizes pedestrian, cyclist and traffic safety which has been challenged by our changing area in recent years. New Suffolk Avenue should be one of our cherished roadways along with Oregon Road and Peconic Bay Boulevard, these are special to our area. The Town's Mattituck Traffic and Pedestrian safety study has previously identified concerns involving the New Suffolk Avenue/Route 25 intersection. Anticipated traffic generated by this operation should therefore be understood before approval rather than addressed after the facility is operating. I'm put into an uncomfortable position because 1 believe Southold Town can benefit from folks looking to venture out like Mr. Peckham, however such proposed businesses should be located in better suited locations that can accommodate vast indefinite ideas of business and economic growth. I believe in time, given the potential economic successes of this site plan, other development Gould be proposed changing the shape of New Suffolk Avenue, Deep Hole creek and the surrounding area permanently. Mr. Peckham was kind enough to speak to interested community members recently at the Mattituck Laurel Library, which is making efforts to allow space for community members to discourse in a respectful informative way, allowing space to discuss in a productive manner projects being proposed in Mattituck and Laurel. Mr. Peckham has plans that often could be categorized as "..nothing concrete yet..." The YET is the concerning part. once there's a toe hold regarding this property, what will prevent future buildings going up all about the property regardless of agricultural designations or not. Precedents being set by the town for other parcels located in similar resdential areas or the like. I believe now is the opportunity for the Southold Town Planning Board to.take pause and reflect on previous evaluations of Mr. Peckham's proposed project at 4180 New Suffolk Ave., Mattituck. Review again his grant materials compared to Southold Town's Comprehensive Plan to see if it truly is what it seems on the surface to locate such a proposal on this property. Perhaps the Planning Board can request a more comprehensive environmental study and derive a clearer understanding all around before moving forward, so that 10-1 5 years down the line, we are without another regret. Thank you for your time and efforts in serving the Town of Southold. Respectfully-, Todd Giordano From: Pamela Ross <rossgay108@gmail.com> Sent: Monday, September 14, 2026 2:34 PM To: Michaelis,Jessica Subject: to Southold Town Planning Board S U bjl�- To Southold Town Planning Board P�'��'6G'N�G'�� September 14, 2026 Attn: Planning Board Members nEMO�EEKWMD S � � PO Box 117914 �0�"?6 Southold NY 11971 SOUTHOLD TUWN PLANNING BOARD Re: West Robins Oyster Co. permit application Tax Map #: DHC Land LLC Ag Building 4180 New Suffolk Ave 1000-115.40-1.1 R-80 I write as a resident and taxpayer in Mattituck. My property fronts on Deephole Creek, and my family and I have used the creek for boating, swimming, fishing., crabbing and shellfish harvesting for all of my 80 years. I support the proposed project'strongly. I am a long-time supporter of the Peconic Land Trust, and I was delighted when this parcel was saved from residential development. PLT promised to restrict the use of the parcel to agriculture and aauaculture, both of which are longstanding land uses in the immediate area. West Robins Oyster Co. has made their commitment to the requirements of their purchase clear, and this cannot be changed by any future owner who might buy the parcelin the future. They plan to build. 3 small buildings, including a modest home and a barn for shucking and packaging oysters, on a 2-acre designated part of the 14- acre property. It is my strong belief that the proposed use of this land will enhance, not conflict with, present uses of the creek for recreation by all of us who live along it. Please include this letter in the official public record for this project. Thank you, Pamela M. Ross 3350 Park Ave Mattituck NY ATTENTION: This email. came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 .............................. ....... ............ ............ From; Nancy Ross <nancyrross@me.com> Sent: Monday, September 14, 2026 2:14 PM To: Michaelis,Jessica Subject: Letter to Southold Town Planning Board Nancy Ross F-13 VM, 'D pry :0 3350 Park Ave. V Lill Mattituck NY 11952 I (215) 983-5802 SOU-THOL'o TOWN nancvrross me.com PLANIANG Ve"A-DA --------------------------------11-------------------------- ................... September 14, 2026 To: Southold Town Ptanning Board Attn: PLanning Board Members P.O. Box 1179 Southold NY 11971 Re: West Robins Oyster Company permit application Tax Map Number: DHC Land LLD Ag Building 4180 New Suffolk Ave. 1000-115*-10-1,1 R-80 Dear Planning Board Members: I am writing as a resident and taxpayer of Mattituck. My property borders Deep Hole Creek, where the proposed project will be built. My f a m*1 Ly has enjoyed Deep H o Le creek f o r boating, fishing, crabbing, and shellfish harvesting (until the creek was closed to that)for 100 years. I strongly support the proposed project. I donated to the Peconic Land Trust, which purchased the parcel to keep it from becoming a multiple-house development. Their stewardship of the property was never intended to keep it "as is" forever; rather, it was intended to make sure the acreage was used for agriculture and aquaculture, Longstanding North Fork traditions. West Robins Oyster Company has made it clear that the business will comply with aLL the strictures the Land Trust stewardship imposes, including keeping the size and scope of the three buildings modest, and Locating them within a two-acre part of the 14-acre Lot. These strictures wi[L remain in place for all potential future owners. Oyster farming is beneficial for the health of the Peconic Bay and aLL its tributaries. It has been part of the North Fork economy for hundreds of years. I firmly believe the proposed use of this Land by the West Robins Oyster Company wilL ameliorate water quality, wiLL 1 not change the nature of the neighborhood, and will not have an adverse effect on the recreational use of the Creek. 1 request that this letter be included in the official public record for this project. Tha nk you for you r attenti on. Sincerely, Nancy R. Ross ATTENTION.This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 P8 SEP 1 4 2026 OUTSOLD TOW PLANNING SOARD o tt1 01�1 ' , 11 Board eptelTiber 14, 026 'VoNvii 1-1-ill Annex 54'75 1�outc° 25 '. . BOX 11'19 Southold, N.Y. 11791 Dear Planning Board Members, We are writing with great concern and ot)4ection to the proposed plan for the site located at 4180 New Suffolk.Avenue, M[attitcick,NY. As owners of our property, 1080 Deep 1-fole Drive, Ma.ttituck, Y on Deep 11ole Creek, since 2010, we wish to preserve the beauty,serenity and safety of our waterfront co111111unity. We believe that DFIC Land, LLCIs Application for Agriculture Buildings will violate the preservation of those characteristics,and instead create a commercial environment in our waterway and neighborhood. Deep Hole Creek currently is a valuable outlet for kayakers, paddleboarders, swimmers and personal watercraft. To increase commercial activity on tills creek would be detrimental to our safety. Coast Guard regulations state that non-notorized watercraft should have the right of way and increasing the amount of boat traffic on our creek will create a dangerous environment. This application is designed to evade the Towns zoning and environmental protections. It also endangers the creek and the wetlands since the PLT overlay Easement located those buildings on aratooka Road, not along the 100 foot buffer zone of the creek.The Planning Board cannot approve this Site Plan as it is patently illegal and endangers the environmental quality of the creek. We value this beautiful piece of property and hope to be able to continue appreciating it in its current natural peaceful state. Sincerely, . Carol & Frank Marsilio 1080 Deep Hole Drive Mattituck,NY 11952 31- 69-5810 ;paFern,optonline.net September 14, 2026 'a J� B email: caitlinw southoldtownn . ov F3, Wul SCi �€G,J IA Y Y0 [EMOC [O To: Southold Town Planning Board Town of Southold S E P Town Hall Annex SOUTHOLD TOWN 54375 Route 25, PO Box 1179 PLAWONG POARD Southold, NY 11971 ISO From: Shauna Scholl 1340 Bungalow Lane M attituck, NY 11952 Re: Proposed Project at 4180 New Suffolk Ave., Mattituck, NY 11952—DHC Land LLC SCTM#: 1000-15-10-1.1 Dear Members of the Southold Town Planning Board: I am writing regarding the proposed project at 4180 New Suffolk Avenue in Mattituck. I want to begin by making clear that I am not opposed to agriculture or aquaculture on this property. I support maintaining working farmland in Southold Town, and I am supportive of the farmer and his efforts to build a viable agricultural and aquacultural operation. I also understand that the proposed agricultural uses and structures may be permitted as of right. My concern is not whether those uses should be allowed, but whether the environmental review adequately considers the full scope of the operation and its potential impacts at this location. The applicant's own grant materials describe a "middle-of the-supply-chain"facility involving grading, aggregation, processing, cold storage and value-added production, with infrastructure intended to serve multiple producers. Given that scope, I am concerned that treating the proposal solely as the construction of agricultural buildings may not fully account for how the property will function once operational. Of particular concern is the property's relationship to Deep Hole Creek, a designated Critical Environmental Area. The record raises questions about whether the creek and existing dock will be used in connection with the aquaculture operation, including vessel activity and the loading or unloading of shellfish. If the creek is reasonably anticipated to be part of the operation, I believe that activity should be considered as part of the whole action when evaluating the project's environmental impacts. The creek's designation as a Critical Environmental Area makes careful consideration of these potential impacts particularly important. Wastewater and washdown, refrigeration and equipment, lighting, noise, waste handling, water use and vessel activity should be adequately understood before the project becomes operational. The record itself identifies unresolved questions involving several of these activities and their potential relationship to Deep Hole Creek. My concern is that a SEQRA Type 11 classification focused primarily on agricultural structures may not fully account for the operational relationship between this facility and a designated Critical Environmental Area. I am also concerned about traffic and safety on New Suffolk Avenue. A facility involving processing, storage, a farmstand and distribution for multiple producers could reasonably generate additional employee vehicles, deliveries, visitors and truck traffic. Southold's Comprehensive Plan emphasizes pedestrian, cyclist and traffic safety, and the Town's Mattituck Traffic and Pedestrian Safety Study has previously identified concerns involving the New Suffolk Avenue/Route 25 intersection. As a resident living off New Suffolk Avenue, I have seen an increase in pedestrians, cyclists and motorists in recent years, along with frequent speeding, creating unsafe conditions for everyone. I believe the anticipated traffic generated by this operation should therefore be understood before approval rather than addressed after the facility is operating. These concerns are consistent with the Southold Town Comprehensive Plan, which supports agriculture and aquaculture while also emphasizing protection of the Town's surface waters, watersheds, marine resources and community character. I do not believe those goals are mutually exclusive. We can support a working farm and a growing aquaculture business while also ensuring that a designated Critical Environmental Area and the surrounding community are adequately protected. For these reasons, I respectfully ask the Planning Board to ensure that, before final approval, the record clearly addresses the full scope of the operation; the anticipated use of Deep Hole Creek and the dock; the site's relationship to a designated critical Environmental Area; traffic generated by the facility; and potential impacts involving wastewater, water use, noise, lighting, refrigeration, waste handling and other operational activities. I also ask the Board to reconsider whether the current SEQRA Type 11 classification adequately encompasses the entire operation being proposed, rather than only the construction of agricultural structures. support the continued agricultural use of this preserved property and believe aquaculture has an important place in Southold's future. The development rights on this land have already been extinguished, with construction confined to a limited development area. That preservation makes it especially important that development within the permitted area be considered carefully and in the context of the environmental resources surrounding it. My concern is not with the farmer's right to make appropriate use of the property, but that the Town's decision be based on how the entire operation will actually function once it is operational and how those activities may affect Deep Hole Creek, a designated Critical Environmental Area, and the surrounding area. Thank you for your consideration and for your service to the Town. R ectfully, , S -auna Scholl From: 9doreenevans@gmail.com Sent. Monday, September 14, 2026 12:04 PM To: Michaelis, Jessica P 1 4 Y"fl)2f: Subject. 5050 New Suffolk Ave SOUTHOLD I'OWN PI-ANNN-G BOARD I am writing this to you to express my concern about 4180 New Suffolk Ave. proposed property plan. The dirt road that would be used for. product and services on the property is adjacent to my property. I feel that it would greatly affect my peaceful surroundings and devalue my home. We have enjoyed. a wonderful retreat for many years and an establishment such as the one being proposed would change the safe and serene environment that we have been so fortunate to have. Thank you. for your consideration. For this reason I am opposed to the plan at this time. Doreen Evans Sent from my Whone ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or -unexpected emails. From: Patrick Sweeny < atsween 1961@ mail.com> ��� P Y 9 pa,vk�el3C,MC .JV Sent: Sunday, September 13, 2026 6:47 PM To: Michaelis, Jessica QIG� �[IW 1 D� Subject: 4180 New Suffolk Ave proposal S P 11, 'M SOUTHOLD TOWN PLANNING BOARD Planning Board members, I am writing to voice our strong opposition to the proposal of a seafood processing facility at 4180 New Suffolk Ave. This is a residential neighborhood. It is our understanding that this property was purchased by the Peconic Land Trust with a two acre carve-out for a small agricultural operation.The proposed facility does not appear to be in keeping with the original intent of the Land Trust. In our experience, a "Land Trust" is set up to maintain the character of said land held by the trust.The North Fork has wonderful character and deserves to be preserved. Suburban sprawl on Long Island has been bad enough.Where does it end? Thank you for your consideration. Michele & Patrick Sweeny 2100 Park Ave. Mattituck ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 From: M Chylins <mchylins1 @gmail.com> Sent: Saturday, September 12, 2026 12:11 PM To: Michaelis,Jessica Subject: Opposition Letter to Proposal for 4180 New Suffolk Ave. in Mattituck We are writing to you as concerned citizens to voice our opposition to the proposed seafood processing, packaging,storing and distribution facility in Mattituck. This is our home, a lovely residential area and we do not need or want a large scale commercial operation that would permanently change the character and the property values in our surrounding neighborhood. We are also concerned for increased commercial traffic on New Suffolk Ave and on Deep Hole Creek, as it plans to use this waterway in its operations. We are sure there will be other unforeseen negative impacts from using water from the creek on local flora and fauna. We are not able to attend the public hearing on September 14th but, wish to make our opposition to this terrible proposal known. Sincerely, Margaret and Richard Chylinski ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. is 10 PSI 14Ls t30.1N►� G3[ C VLaC� SEP i42.3r; 3 SOUTHOLD TOWN PLANNING BOARD �_ 1 From: Emma C <emmachylinski@gmail.com> Sent: Saturday, September 12, 2026 3:53 PM To: Michaelis, Jessica Subject: Opposition to proposed commercial facility at 4180 New Suffolk Ave Sdj6F Dear Members of the Planning Board, t,3UfHOLD TOWN "LANNING BOARD I'm writing to you today as someone who grew up right here in Mattituck,just blocks away from 4180 New Suffolk Ave, where I spent my childhood, riding bikes down these roads, exploring these woods, and swimming in these waters. Seeing what's being proposed here is honestly devastating. Turning this peaceful area into a massive seafood processing, packaging, and distribution hub is goingto completely wreck the character and property value of our neighborhood. Deep Hole Creek and New Suffolk Avenue were never meant to handle heavy industrial traffic or commercial shipping. I am deeply worried about the environmental toll this will take on us: The health of the creek:There is already road rinuoff going directly into our creek. We should be protecting our waterways, not treatingthem like industrial utility lines. Neighborhood disruption: Livingjust blocks away, I know firsthand how quiet and residential this stretch is. Bringing in large-scale commercial trucks and daily processing operations wilt destroy the peace, safety, and natural beauty that made growing up here so special. Dangerous President: Once you allow a high-impact commercial operation like this into a residential and agricultural zone, there's no turning back. It opens the door for endless expansion. If at all possible, the perfect vision for this land would be turning it into a public park or a protected nature preserve. Letting it return to or be enhanced with native plants and wetlands would create a vital natural buffer for runoff, protecting the health of the creek while giving the community a space that preserves whole-life wildlife habitats for generations to come. If nothing else , farm land would at least be less intrusive to both the environment and the residents. I've watched the North Fork change over the years, and I can not stand by quietly when these changes are so close to home. Once these ecosystems and neighborhoods are altered by industry, we can never get them back. Please, listen to the people who actually live here, grew up here, and care deeply about protecting this town. I urge you to vote down this proposal and keep our creek as it is. Sincerely, Emma Chytinski ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 From: Jim Keller <jimkeller321 @gmail.com> Sent: Sunday, September 13, 2026 2:11 PM To: Michaelis, Jessica Subject: 3180 New Suffolk Ave. I AM OPPOSED Dear Southold Town, It is hard to believe what is being proposed for the lot on New Suffolk Ave at Deep Hold Creek. That part of Mattituck as it leads to New Suffolk is one of the most pristine in the area. I can't imagine having the type of operation proposed there, in that beautiful spot, in what is a very quiet residential area. PLEASE do not let this happen. Jim Keller ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. SV6G V5o14�-1GC C 14 ED SOUT,HOLD.TOWN PLAWNG BOARD 1 0 H (-t Southold Planning Board MROW,ID September 8, 2026 Town Hall Annex 54375 Route 25SE � 1 2 01226 P.O. Box 1179 SOUTHOLD TOWN Southold, N.Y. 11791 PLAtd?Ir;c BOARD Dear Planning Board Members, We are writing with great concern and objection to the proposed plan for the site located at 4180 New Suffolk Avenue, Mattituck, NY. As owners and full-time residents on Deep Hole Creek we wish to preserve the character, nature and safety of our waterfront community. We believe that DHC Land, LLC's Application for Agriculture Buildings will violate the preservation of those characteristics, and instead create a cornrnercial environment in our waterway and neighborhood. The proposed site plan is, at its core, an application for a commercial aquaculture processing facility on a site that cannot lawfully accommodate one. The approximately 2-acre buildable area does not comply with the 7-acre minimum, the 200-foot contiguous-parcel setback and 100-foot road setback requirements, the fully enclosed structure mandate, the 10%retail cap, or the requirement that the parcel be owned by the aquaculture operator—all as required by Town Code § 280-13(A)(7). The Applicant's own site plan additionally shows that the Pole Barn exceeds the height and square-footage limits of Town Code § 280-15; the project was improperly classified as a Type I1 action.under SEQRA;the site plan itself admits commercial use; and the application remains incomplete because it lacks required parking calculations. Moreover, the application omits or.misrepresents critical information, including: -That the Applicant intends to use the Property primarily as a commercial aquaculture processing and distribution facility handling millions of oysters annually; - That the Applicant intends to use a residentially approved dock as a cormercial receiving dock for third-party growers—having previously been denied a commercial dock by the Town Trustees(We believe this dock is currently being used for commercial purpose); - That the Overlay Easement prohibits the proposed structures in the proposed location as they must be built in the designated Agriculture Structure Area - That the Applicant does not appear to be the"owner"within the meaning of the Town Code, but rather a Delaware LLC controlled by a private equity firm; - That the parcel is not"owned by the land-based aquaculture operator"as required by § 280-13(A)(7)(a),because DHC Land LLC(a Dirt Capital entity)owns the parcel while WROC LLC operates the aquaculture business; - That the Pole Barn exceeds the maximum m height of 22 feet and maximum square footage limits under Town Code § 280-15, as shown on the Applicant's own compliance tables; -That the SEQRA Type 11 classification is improper for a commercial aquaculture processing facility of this scale; • That the Applicant's own site plan documents classify the Pole Barn as"B FOOD PROCESSING EST." and allocate sanitary capacity to commercial kitchen and agricultural-processing uses; • That the application remains incompfete because no parking calculations under Town Code§ 280-78 or surface-type details for the driveway and parking areas have been provided; • That the application is intentionally structured to mislead the Planning Board into permitting a commercial facility that could not achieve approval if its true nature and scale was honestly disclosed. This application is designed to evade the Town's zoning and environmental protections. It also endangers the creek and the wetlands since the PLT Overlay Easement located those buildings on Maratooka Road,not along the 1.00-foot buffer zone of the creek. The Planning:Board cannot approve this Site Plan as it is patently illegal and endangers the enviromnental quality of the creek. Sincerely, Patricia Mele and Cheryl Christiano 1140 Deep Hole Drive _ Mattituck,NY 11.952 631-335-6073 Tri.cia.melel3@gmail.com cc: Town of Southold Planning Board Town of Southold Trustees Peconic Land Trust 'MSOUTHOLD VL 1 y- To the Southold Town Planning Board, I am a full-time resident of Mattituck and live in close proximity to 4180 New Suffolk Avenue. I am writing to formally express my opposition to the proposed oyster processing operation at this location and to raise concerns regarding its potential impacts on surrounding residents, traffic safety, sanitation, and the local environment. Oyster processing creates conditions that attract rodents, flies, and other pests which brings sanitation concerns for the neighborhood. And the smell associated with oyster processing is not something residents of the area want to live with. Traffic is another concern. New Suffolk Avenue is already a difficult road to walk, or bike on. Imagine large oyster delivery trucks racing down Nee Suffolk Avenue while school kids are on their bikes: a risk no one wants to take. The processing facility will bring additional noise (from the water pumps, and machinery needed for processing), lighting, odors, vehicle activity, and human activity onto a large lot which currently supports local wildlife and pollinators. The decision to put a commercial oyster processing facility in a residential neighborhood that year-round supports families, children, and full-time residents would be a nightmare for the people living here And might even force residents to try to live elsewhere. Naturally the displacement of residents for oysters would have a more negative impact on the local economy than any positives a commercial processing facility could bring. Respectfully, Sara Garcia 5275 New Suffolk Avenue Mattituck, New York September 4,2026 S ub F PB, HL16C1MC JH. Planning Board M(� U V l D Town of Southold Town Hall Annex-54375 Route 25 SEP I 1 2926 P.O. Box 1179,Southold, NY 11971 50U fHOLl7'fOvYN PLANNING 90AR) Re: DHC Land,LLC—Application for Agriculture Buildings 4180 New Suffolk Avenue,Mattituck,NY 11952 SCTM#1000-115-10-1.1 Dear Members of the Board, We are writing to express our strong opposition to the above-referenced application and respectfully ask that this letter be entered into the record as our written comments for the September 14, 2026 public hearing.We own a home on Deep Hole Creek and will be out of the country on the hearing date and therefore unable to appear in person. By way of background, I am a New York State licensed architect with more than 30 years of professional practice and serve as Managing Partner of a substantial Long Island architectural firm. Over the course of my career, I have appeared before numerous municipal planning and zoning boards, including the Town of Southold,and have provided expert testimony concerning land use, zoning and development matters, including in federal court. Although we submit these comments principally as homeowners directly affected by this proposal, that professional experience informs my review of the plans, zoning provisions and technical issues discussed below. The application proposes a farm stand, agricultural production building, agricultural and aquaculture processing/production pole barn, farmhouse, commercial/customer parking, driveways and related infrastructure within an approximately 2.2-acre reserve area of a roughly 14.2-acre parcel in the R-80 Zoning District, with development rights over approximately 12 acres held by the Town. We support the preservation of agriculture on the North Fork and recognize the importance of viable farming and aquaculture. Our concern is not with farming itself, but with the proposed scale, intensity and combination of uses on a highly constrained waterfront site immediately adjoining established residential properties and an ecologically sensitive creek. The application combines several legally distinct activities whose permissible scale, location and operational limitations differ materially under the Town Code.Our concern is heightened by the fact that the applicant has described the same Mattituck facility in other governmental filings in substantially broader terms than are apparent from the application presently before the Town. Before any approval is considered, the Board should determine not only whether the buildings comply with dimensional requirements, but what land use and reasonably foreseeable level of operation the Town is actually being asked to approve. Need to Clearly Define the Proposed Agricultural and Aquaculture Uses The applicant's status as a bona fide farm operation does not, by itself, resolve whether each of the activities proposed on this property constitutes a permitted agricultural use.The Code separately defines and regulates agricultural production, agricultural processing and direct marketing,and those distinctions are particularly important here.Section 280-13(C)(13)requires that at least 66%of the agricultural products being processed be grown by that bona fide farm operation,while the Code's definition of an Agricultural Processing Building describes an on-farm building, or portion thereof, used for processing and storage of agricultural products of a single farm operation. Against that framework, the applicant's deliberate designation of the 2,976-square-foot pole barn for both "agricultural production"and "agricultural processing"warrants careful scrutiny.The Board should require the applicant to identify precisely which activities fall within each category and, in particular, how washing, grading, sorting, cold storage, packing, repacking, aggregation and other handling of shellfish or agricultural products grown by third-party producers will be classified under the Code. This is particularly important given the applicant's governmental grant materials describing aggregation, processing and distribution of substantial quantities of shellfish produced by other growers. The distinction cannot be merely a matter of labeling floor areas on a plan. The 66% limitation applicable to agricultural processing—and the Code's express reference to products of a single farm operation—should not be rendered ineffective by characterizing activities involving third-party products as "agricultural production" rather than "agricultural processing."Qualification as a bona fide farm operation should establish eligibility for agricultural uses permitted by the Code; it should not operate as a blanket designation that converts otherwise distinct processing, aggregation, storage or distribution activities into agricultural production, especially as it relates to third-party products delivered to the property via commercial vessels operating within Deep Hole Creek. Page 1 Before acting on this application, we respectfully request that the Board obtain a written determination identifying the zoning classification of each material activity proposed within the pole barn and elsewhere on the property, including the treatment of products originating from third-party farms.Those classifications,together with the applicable source limitations,floor areas and operational restrictions,should then be expressly incorporated into the approved site plan and any conditions of approval so that compliance can be objectively determined and enforced in the future. The Applicant's Own Governmental Filings Describe a Materially Larger Operational Model We are particularly concerned by the disparity between the comparatively limited presentation of the proposed operation in the current Town review and WROC LLC's own 2024 New York State Resilient Food Systems Infrastructure(RFSI)grant application for this same property at 4180 New Suffolk Avenue. In that governmental filing, WROC did not describe the project simply as a barn serving an individual farm. It described a "new-construction middle-of-the-supply-chain facility for grading, aggregating and processing," intended to expand processing capacity and production volume and provide infrastructure to multiple agricultural producers. The RFSI application is specific about scale. WROC states that the facility would enable "significant expansion" of production and processing for WROC and other shellfish growers in the Great and Little Peconic Bays; identifies specialized automated grading equipment approximately ten times more efficient than hand sorting; and projects processing approaching one million shellfish pieces annually by 2027, with further growth into the mid-single-digit millions over a ten-year period. It also projects capacity to produce and store more than two million farmed shellfish pieces while aggregating and distributing another two million pieces from other growers,and states an intention to obtain credentials permitting WROC to reship, pack and repack cultivated shellfish purchased from other permitted producers. The supporting infrastructure described in that filing is similarly consequential. WROC advised the grant program that electrical service would increase from approximately 250 amps to approximately 1,000 amps,with most of the new capacity serving cooling equipment for aggregation and processing.These are not abstract aspirations unrelated to this property;they are representations made in support of public funding for infrastructure proposed at this site. Taken together,these representations raise a serious concern that the current application materially understates the reasonably foreseeable intensity and regional function of the proposed operation. We respectfully submit that the Board should require the applicant to place these filings in the record and reconcile them, on the record, with the application now before the Town. The Board should require a complete operational statement addressing ultimate anticipated throughput, third-party product, truck and vessel activity, employees, hours, loading and shipping, refrigeration and processing equipment, wastewater, utilities and outdoor storage.The environmental and site-plan review should evaluate the reasonably foreseeable full operational condition of the facility, not merely its initial physical construction or the labels assigned to individual components. Material Inconsistencies Within the Town Application Record The Town application itself contains materially different descriptions of the scale and function of the proposed pole barn. In the applicant's January 22, 2026 letter of intent, approximately 402 square feet of the 2,976-square-foot pole barn is identified for agricultural processing of the applicant's own crops, with the balance described as agricultural production, grading, washing, storage and equipment space.By contrast,the current sanitary design calculates wastewater load for approximately 1,860 square feet of"Commercial Kitchen/Agricultural Processing,"and the later operational narrative describes the first floor more broadly as supporting washing, grading, cold storage and preparation of shellfish chowders, breaded shellfish, sauces, jams and other processed products. That is not a minor drafting difference. The Board should require a single, definitive floor-area and use schedule identifying exactly how much of the pole barn is devoted to processing,production,storage,offices, meetings and other functions. The Full Environmental Assessment Form raises similar questions.It reports no substantial increase in traffic and provides no truck- trip analysis, while the application includes a seven-day seasonal farm stand, employee activity, customer parking, loading and shipping functions, widened access and commercial processing operations. It takes no account of increased commercial vessel traffic on sensitive waterways and Deep Hole Creek.The EAF likewise does not quantify additional commercial or industrial energy demand, despite the substantial refrigeration and processing infrastructure described elsewhere by the applicant.These answers should be reconciled with the applicant's RFSI projections before the Board completes SEQRA review or closes the record. Principal Land-Based Aquaculture Standards Should Not Be Avoided Through Reclassification Section 280-13 A. (7)separately regulates land-based aquaculture as a principal use.It requires,among other things,a parcel of at least seven acres owned by the operator, a minimum 100-foot setback from any road, a 200-foot setback from any contiguous parcel, and fully enclosed operations. Those requirements reflect the Town's recognition that land-based aquaculture may have impacts requiring substantial separation from neighboring properties. Page 2 The approximately 2.2-acre reserve area available for development at this property cannot accommodate those principal-use standards. The Board should therefore be especially careful that activities which function in substance as a principal land-based aquaculture processing or production operation are not approved merely by labeling them agricultural production, agricultural processing,or direct marketing.The controlling question should be the actual nature,scale and intensity of each activity proposed on the site. Conservation Easement Obligations The property is also burdened by both the Town's Development Rights Easement and a subsequent Peconic Land Trust Conservation Easement.We recognize that those instruments expressly contemplate agriculture,aquaculture and mariculture and permit certain related structures. They do not, however, provide an unlimited authorization for any activity merely because it involves agricultural products.Permitted improvements remain subject to the conservation purposes of the easements,designated building areas, applicable Town Code requirements, sound- and light-mitigation obligations and, importantly, prior review and approval by the Peconic Land Trust and/or Town Land Preservation Committee.The PLT easement separately prohibits commercial and industrial uses other than the sound agricultural uses expressly authorized by the easement. In light of WROC's representations elsewhere that this property is intended to function as regional "middle-of-the-supply-chain" infrastructure providing aggregation, grading, processing, cold storage, packing and distribution for multiple producers at potentially very substantial volumes, we respectfully request that the Planning Board determine whether the full reasonably foreseeable operation, rather than merely the proposed building footprints, has been reviewed for consistency with both easements. Before approval, the applicant should produce the written approvals of the Peconic Land Trust and Town Land Preservation Committee applicable to the current proposal and confirm that those reviewing entities were provided the same operational descriptions, projected throughput and infrastructure requirements contained in WROC's governmental grant filings. Farmhouse and Owner-Occupancy Requirements Must Be Clear and Enforceable The application includes a 1,316-square-foot farmhouse,and the applicant's January 22, 2026 cover letter reportedly describes it as the permanent residence of the owner-operator. At the same time, the Section 280-4 definition of "Farmhouse" permits occupancy by a farmer/owner/operator and, in some circumstances, farm workers or key employees. Section 280-13 C. (14) (b) (1), however,specifically requires the single-family dwelling used for direct aquaculture/mariculture marketing to be the primary residence of the owner of the bona fide aquaculture/mariculture operation. This creates an important compliance issue that should be resolved before approval. If the applicant relies on the owner-primary- residence provision to support direct marketing at this property,the approval should expressly require continued owner occupancy and provide that the relevant use may not continue if that condition is no longer satisfied. The Board should also clarify what happens upon a future sale, lease,change of operator or occupancy by employees rather than the owner. Building Classification,Bulk Compliance and Variances Should Be Resolved Before Approval The plans appear to identify several seemingly deficient zoning-compliance items as "T.B.D."The proposed pole barn is shown at approximately 25.3 feet in height.Section 280-15 B.establishes a 22-foot maximum height for certain accessory buildings on larger lots, while Section 280-13 A. (2) separately addresses barns, storage buildings, greenhouses and related agricultural structures. The proper classification of the proposed pole barn therefore matters. We ask that the Building Inspector issue a written zoning determination identifying which bulk standards govern each proposed structure before the Planning Board acts, and that any required variances be obtained prior to site-plan approval. Similarly,Section 280-15 C. provides that no accessory building on a lot over 60,000 square feet may exceed 3%of the total size of the parcel, while Section 280-13 C. (13) further limits the square footage of an agricultural processing building, or the portion of an agricultural building used for processing,to 1.5%of the total size of the parcel.The applicant's own zoning analysis appears to calculate certain accessory-building limits using an area substantially smaller than the full approximately 14.2-acre tax parcel.The Board should require a written explanation of the land-area basis used for each bulk calculation and the effect, if any, of the preserved development-rights area on the meaning of"total size of the parcel." Section 280-208, the Town's "Pyramid Law," applies to buildings and structures in the R-80 District and establishes a sky plane beginning ten feet above natural grade at applicable property lines and extending inward at a 45-degree angle. Based on the size and proximity of the proposed structures to the western side of the developed area, portions appear capable of encroaching into that sky plane.We ask that the applicant provide a dimensioned zoning analysis demonstrating compliance rather than leaving the issue unresolved. The application should also clearly demonstrate compliance with applicable front, side and rear-yard requirements and with Section 280-116 setbacks from wetlands and bodies of water.The existing garage and proposed improvements appear extremely Page 3 close to portions of the lot boundary, and the constrained relationship among the reserve area, preserved land, bluff, wetlands and creek leaves little margin for error.Any required variances should be identified and resolved before the site plan is approved. Operational Impacts Must Be Disclosed and Limited on the Approved Site Plan The current plans focus heavily on the proposed buildings but do not appear to provide a complete picture of the outdoor, mechanical and logistical operations that may accompany the use—an omission that is particularly significant in light of the scale described in the RFSI filing.Chapter 180 regulates noise,and Section 280-111 prohibits objectionable noise,vibration,smoke,dust, odors and similar impacts.The applicant has publicly referenced backup generation and refrigeration/freezer equipment,yet the plans do not appear to fully identify the location, size, operating characteristics or noise attenuation associated with generators, compressors,condensing units and other mechanical equipment. Section 280-13 A. (2) also restricts certain storage and odor-or dust-producing substances within 150 feet of a lot line. Given the small reserve area and immediate proximity of residential properties,the Board should require the applicant to identify all outdoor storage, refuse handling, washing, loading, unloading, equipment staging and similar operational areas and demonstrate how those activities will be managed without nuisance impacts. We recognize that Sections 280-110 and 280-78 contain agricultural exceptions for bona fide farm operations and commercial farm vehicles.Our concern is therefore not that all such equipment or vehicles are categorically prohibited. Rather,the site plan should disclose what is proposed so that the Planning Board and neighboring residents can understand the actual intensity of the operation.The approved plan should designate commercial vehicle parking,boat and trailer storage,loading areas,crate and gear storage, refrigeration and mechanical equipment, refuse and shell storage, employee/customer parking and any outdoor processing areas.Areas not shown and approved should not later become de facto operational or storage areas without amended site-plan review. The Board should also require reasonable limits on hours of operation,truck and delivery activity,employee and customer traffic, outdoor loading and unloading, and nighttime mechanical equipment. Deep Hole Creek is a narrow residential waterway, and an increase in commercial vessel movements, loading activity, headlights, equipment noise and shore-side operations would be experienced very directly by adjoining and opposite-shore residents.This needs to be clearly defined and regulated. Landscaping,Shoreline Protection and Visual Screening The plans do not appear to include a comprehensive landscape and screening plan beyond notation of existing grass or vegetation to remain.Section 280-95 contains parking-area landscaping requirements,and Section 280-96 specifically addresses preservation of natural or suitable planted vegetation on properties adjoining creeks. Given the existing bluff, tidal wetlands and shoreline conditions, landscaping should be treated not merely as an aesthetic issue but as an important component of shoreline stabilization,visual buffering and protection of the creek. We ask the Board to require a professionally prepared landscape plan showing native shoreline planting, preservation of existing natural vegetation, screening of parking and loading areas, screening of mechanical equipment and generators, and meaningful buffers along the adjoining residential properties. Where nonresidential activity abuts residential use,the objectives reflected in Section 280-94—privacy from noise, headlight glare and visual intrusion—are particularly relevant even if the specific transition- buffer dimensional standards do not directly apply to every accessory agricultural use. Lighting Should Be Reduced and Fully Controlled The proposed exterior lighting also deserves closer review.Section 280-117 A. requires outdoor lighting to be shielded so that the source is not visible from adjacent properties and roadways and so that light and glare are contained within property boundaries. Section 280-117 C. limits freestanding outdoor lighting fixtures to a maximum height of 14 feet. The application materials reportedly show 20-foot poles and wall-mounted fixtures at heights of up to approximately 22 feet. Freestanding fixtures should be reduced to comply with the Code,and all fixtures should use full cutoff optics and be aimed away from neighboring residences and the creek. Section 280-117 B. also states the Town's general principle that parking-lot lighting should be turned off or reduced in intensity between 11:30 p.m, and 4:00 a,m. We ask that any approval include timed or equivalent controls (rather than photocells) that automatically extinguish nonessential exterior lighting during overnight hours. In this setting, a greater number of lower-height, lower-intensity fixtures is preferable to fewer high-intensity fixtures mounted at elevated heights. Public Notice Across a Narrow Creek We appreciate that the applicant has met with members of the community.Section 55-1 requires notice to adjoining owners and to properties across a public or private street from the subject property, but it does not expressly require notice to owners directly Page 4 across a waterway. Because Deep Hole Creek is narrow and opposite-shore properties may experience the impacts of waterfront development as directly as properties across a street, we respectfully suggest that the Town consider broader mailed notice for similar waterfront applications as a matter of policy. We do not suggest that the present Code necessarily requires such notice across the creek. Requested Conditions and Conclusion We strongly urge the Planning Board not to approve this application in its present form or close the record until the discrepancies between the current application and the applicant's other governmental representations have been fully addressed. Before any approval is considered, the Board should require a complete and internally consistent operational plan, disclosure of the reasonably foreseeable ultimate scale of the facility,and written zoning analysis establishing the Code authority applicable to each component of the proposed use.Where compliance remains uncertain,the appropriate zoning determination or variance should precede site-plan approval. At a minimum, those conditions should address: the percentage and source of products processed on site and continuing compliance with the 66% farm-origin requirement; the scope of aquaculture/mariculture direct marketing; owner-primary- residence requirements where relied upon; maximum approved building areas and uses; hours of operation;truck,customer and employee activity; commercial vehicle and vessel/trailer storage; outdoor processing and storage; generators and refrigeration equipment; refuse and shell handling; exterior lighting; landscape and shoreline buffers; and a requirement that any material expansion or change in operations return to the Planning Board for amended site-plan approval. Large-scale regional aquaculture/mariculture processing, aggregation and distribution are not presently characteristic of Deep Hole Creek.The applicant's own governmental filings describe infrastructure expressly intended to support substantial growth and multiple outside producers. Approving a comparatively limited use today without addressing that documented operating model risks allowing the site to evolve into a materially different facility tomorrow without the careful review that such an operation warrants.That would be a consequential and potentially irreversible change to this narrow,environmentally sensitive residential waterway. We support the preservation of the North Fork's agricultural heritage and recognize the applicant's investment in local agriculture and aquaculture.Those objectives do not, however,justify approving an application that does not fully and consistently disclose the full scale, intensity and regional function that the applicant itself has described elsewhere. The Town must know precisely what it is being asked to approve before granting that approval.That is essential to establishing clear,binding and enforceable conditions of approval against which future compliance can be objectively measured, enforced and, if necessary, compelled through all available administrative and legal remedies, and to ensuring that any future expansion or material change in operations receives appropriate public,zoning,site-plan and environmental scrutiny. This property also carries a conservation history that is deeply important to the surrounding community, whose residents and supporters provided substantial private financial support to the Peconic Land Trust to secure and permanently preserve it, with the shared expectation that its agricultural, scenic, environmental and open-space character—and the extraordinary natural resource of Deep Hole Creek—would be protected for generations to come.That history deserves more than the benefit of the doubt;it deserves certainty about what is being approved and how the property will be used.We respectfully but strongly urge the Board to honor that commitment by rejecting this application in its present form. Should you have any questions or require any additional information, please do not hesitate to contact us.Thank you in advance for your consideration of these comments. Kind Regards, Neil MacDonald,AIA,NCARB,LEED AP c/o Neil and Amelia MacDonald cc: Peconic Land Trust, Inc. 855 Lupton's Point Road Town of Southold Land Preservation Committee Mattituck, NY 11952 Town of Southold Board of Trustees (516)658-0453 Office of the Southold Town Attorney neil.macdonald@wfcaia.com Page 5 LETTER OF OPPOSITION MMOKEIWIEEECD September 11, 2026 S SOUTHOLD TOWN PLANNING BOARD To: Southold Town Planning Board From: Concerned residents and property owners on and around Deep Hole Creek Re: Proposed Project at 4180 New Suffolk Ave., Mattituck, NY 11952 — DHC Land LLC SCTM# 1000-115-10-1.1 Dear Members of the Southold Town Planning Board: We are writing to express our strong opposition to the proposed project and site plan at 4180 New Suffolk Ave. Mattituck, NY 11952, submitted by Will Peckham member of DHC Land LLC and owner/founder of West Robins Oyster Company. This proposal is fundamentally incompatible with the residential and recreational character of the surrounding community and zoning. Deep Hole Creek/Southold Town residents worked hard to raise approximately $800,000 via the Peconic Land Trust to preserve this land "as is" with the idea of a home being built in the 2 acre development area along the creek. Introducing a commercial project/operation of this magnitude into our all-residential neighborhood would represent a significant departure from what currently exists and would set an extremely troubling precedent for the future. Per Application # 0000000249 to the NYS RFSI for grant funding, West Robins Oyster Company founded by Will Peckham, also a managing member of DHC Land LLC, plans to build a commercial seafood operation at the basin of Deep Hole Creek. The NYS grant application explains how the above applicant's proposal would have commercial vehicles in and out of the property in addition to commmercial fishing vessels utilizing the residential dock for loading and unloading oysters. The bold text below was pulled directly from the NYS RFSI application previously referenced: • "The mid(lle-of the-stil)plyach iin facility will enable significant expansion of production and processing capabilities for WROC, LLC as well as other shellfish growers in the Great and Little Peconic Bays." The current town code prohibits running a coininercial operation from a residential/recreational dock. We urge the board to read through the Southold Town Trustee file for Wetlands permit #10579 at this site. The Trustees and CAC denied any coininercial design/use of the dock and would not allow the applicant to install davits ramps, etc. as they are commercial in nature. This Town record also contains multiple letters from creek residents opposing any commercial operation from the residential dock. • "Transformatively, this project would enable WROC to upgrade from a NYSDEC Shipper D credential to a Shipper A credential, allowing us to reship, pack and repack cultivated shellfish purchased from holders of valid shellfish shipper permits." This will increase truck traffic on a very narrow roadway where many blind spots currently exist, putting the community in harm's way. • The Founder of Hampton Oyster Company (also an active town trustee) provided a letter attached to the previously mentioned grant application stating: "The proposed project would construct a grading, aggregating and processing facility less than two miles from my farm and more importantly, accessible via water directly from the Great Peconic Bay." The commercial design/use of the dock was already addressed and denied by the Trustees and the Conservation Advisory Council. This letter of support for an actively sitting Trustee directly conflicts with the boards previous ruling. All of this additional traffic would certainly become hazardous for drivers, runners, cyclists, swimmers, kayakers, recreational boaters and children. We have attached the NYS RFSI Application for the planning board's reference and review. It is also important to clarify ownership of the property at 4180 New Suffolk Ave. Is the owner West Robins Oyster Company, DHC Land LLC, or Dirt Capital? Town code is specific on owner/occupant guidelines, and the lack of transparency regarding the property's ownership raises additional questions and concerns for the community. This is not simply a question of placing a conunercial project on a parcel of land. The Planning Board should consider what this proposal would mean for the entire town. Once the character of an area is changed to commercial use that is inconsistent with its residential surroundings, it becomes considerably easier to justify additional changes, variances, code amendments, and development. The consequences of this.decision could therefore extend far beyond 4180 New Suffolk Ave. Approval would send a message that the existing residential area is negotiable and that incremental commercial development can be introduced despite its incompatibility and being non-confonning with the surrounding community. Please do not allow this project to become the precedent that opens the door for further commercial development within our area. We would not want every property owner on Deep Hole Creek to think they could start up a commercial business on residentially zoned lots with a residential/recreational dock. Many of us settled down on this creek because there are no operations like the proposed. We respectfully urge the Planning Board to deny this application and protect the established character and long-term integrity of our neighborhood. Thank you for your consideration. Concerned Residents, Christopher & Elizabeth Austin — 2200 Deep Hole Dr. Mattituck, NY 11952 Maria Santigate - 2305 Park Ave Mattituck, NY 11952 James and Carol Sherer— 1015 Bungalow Lane Mattituck, NY 11952 Hal Hepensteil — 1055 Bungalow Lane Mattituck, NY 11952 Lou Giglioli — 1275 Bungalow Lane Mattituck, NY 11952 Sam Dimeglio — 2280 Deep Hole Dr Mattituck, NY 11952 Stanley Lomangino — 2740 Deep Hole Dr Mattituck, NY 11952 Additional Notes: Southold Town link for the complete site plan submission: \Pi 7nfl_!CI [)ec,) 3(tt_yier-it\i��)(Dilt Ciotis\Sit.e_PIS 1. \��enckn, \1000. L_1_` 1 Q_11_ Southold Town link for Wetlands Permit# 10579 \Trustees\Wedanc_1_s_Perr_nits\20?fl\.-R 1.0.579. r �1 �iL.O S�b� e J1 I rSEP SOUTHOLD From: Mikhail Rakhmanine <mrak91 @hotmail.com> ING r�c,�. a �F Sent: Thursday, September 10, 2026 8:20 PM To: Michaelis, Jessica Subject: Opposition to Proposed Seafood Processing Facility at 4180 New Suffolk Avenue Dear Members of the Southold Town Planning Board, We are writing to formally express our strong opposition to the proposed seafood processing, packaging, storage and distribution facility at 4180 New Suffolk Avenue in Mattituck and to urge the Town to reject this proposal in its current form. The proposed use appears fundamentally inconsistent with the existing character of the Deep Hole Creek waterfront and the surrounding residential community. This is not simply a change in the use of an individual property. The proposal could fundamentally change the nature of the creek and surrounding neighborhood by introducing a large-scale commercial seafood processing and distribution hub into an area that has traditionally served recreational and residential purposes. We are particularly concerned about the following: Commercialization of Deep Hole Creek. Using the creek as a commercial and distribution hub could permanently alter the character of this recreational waterway. Increased boat and truck traffic. A large-scale processing and distribution operation could generate substantial marine and vehicular traffic, creating congestion, noise, safety concerns, and disruption for neighboring residents and recreational users. Environmental Impacts. Seafood processing and large-scale commercial activity adjacent to the creek raises legitimate concerns regarding wastewater, storm water runoff, odors, waste disposal, spills, and impacts on water quality and marine life. Water withdrawal. The possibility that the applicant could seek a NYS DEC permit to pump water directly from the Deep Hole Creek is particularly concerning. Approval of this project could establish a precedent for additional commercial demands on the creek in the future. Precedent and cumulative impacts. The Town should carefully consider not only this particular application, but what the approval could mean for future commercial development along the creek. Once this type of use is established, It may be extremely difficult to prevent future commercialization. Compatibility with surrounding neighborhood. A large-scale industrial/commercial operation is fundamentally different from the residential and recreational character that currently exists in this area. The Town should not view this proposal simply as another commercial development application. i The long-term character of Deep Hole Creek is at stake. Decisions made now could affect the community and waterfront for decades. We respectfully ask the Planning Board to conduct a thorough and independent evaluation of the project's environmental, traffic, noise, water quality, wastewater, marine traffic and community impacts. If the proposed use is not fully compatible with the existing zoning and character of the area, the application should be denied. At a minimum , no approval should be granted that would permit the commercialization of Deep Hole Creek or establish a precedent for future industrial or large -scale commercial use of the waterway. We strongly urge the Planning Board and the Town of Southold to protect Deep Hole Creek as a recreational and residential waterfront and reject this proposal. Thank you for considering our concerns. Sincerely, Jennifer and Michael Rakhmanine 685 Bungalow lane Mattituck, NY 11952 610 762 0795 ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 From: Lorraine Zito <bclipp12@verizon.net> Pa Hf,+ac-> 1-4Sent: Thursday, September 10, 2026 3:04 PM M��J To: Michaelis, Jessica �����v'��r��� Subject: 4180 New Suffolk Ave. SEP 1 0 SOUTHULD I0ti4N „ PLANNING BOARD I am writing my strong opposition to this proposal. I live right around the corner. I have been here since 1987. It breaks my heart to see Suffolk County become Nassau County. The quality and. identity of. Southold Town is at risk. I see this as an open door for other large operations to forever change our agricultural and residential neighborhoods. Thank you Lorraine Zito. Sent frommy iPhone ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 7 Southold Planning Board F C'J September 6,2026 Town Hall Annex MEACRE-, ����D 54375 Route 25 P.O. Box 1179 '' Southold,N.Y. 11791 SOUTHOLD TOWN PLANNING BOARD Dear Planning Board Members, We are writing with great concern and objection to the proposed plan for the site located at 4180 New Suffolk Avenue, Mattituck,NY. As owners and full-time residents on Deep Hole Creek we wish to preserve the character,nature and safety of our waterfront community. We believe that DHC Land, LLC's Application for Agriculture Buildings will violate the preservation of those characteristics, and instead create a commercial environment in our waterway and neighborhood. The proposed site plan is, at its core, an application for a commercial aquaculture processing facility on a site that cannot lawfully accommodate one. The approximately 2-acre buildable area does not comply with the 7-acre minimum,the 200-foot contiguous-parcel setback and 100-foot road setback requirements,the fully enclosed structure mandate,the 10%retail cap, or the requirement that the parcel be owned by the aquaculture operator—all as required by Town Code § 280-13(A)(7). The Applicant's own site plan additionally shows that the Pole Barn exceeds the height and square-footage limits of Town Code § 280-15;the project was improperly classified as a Type II action under SEQRA; the site plan itself admits commercial use; and the application remains incomplete because it lacks required parking calculations. Moreover,the application omits or misrepresents critical information, including: • That the Applicant intends to use the Property primarily as a commercial aquaculture processing and distribution facility handling millions of oysters annually; • That the Applicant intends to use a residentially approved dock as a commercial receiving dock for third-party growers—having previously been denied a commercial dock by the Town Trustees(We believe this dock is currently being used for commercial purpose); • That the Overlay Easement prohibits the proposed structures in the proposed location as they must be built in the designated Agriculture Structure Area • That the Applicant does not appear to be the"owner"within the meaning of the Town Code,but rather a Delaware LLC controlled by a private equity firm; • That the parcel is not"owned by the land-based aquaculture operator"as required by § 280-13(A)(7)(a),because DHC Land LLC(a Dirt Capital entity)owns the parcel while WROC LLC operates the aquaculture business; • That the Pole Barn exceeds the maximum height of 22 feet and maximum square footage limits under Town Code § 280-15, as shown on the Applicant's own compliance tables; • That the SEQRA Type II classification is improper for a commercial aquaculture processing facility of this scale; • That the Applicant's own site plan documents classify the Pole Barn as `B FOOD PROCESSING EST." and allocate sanitary capacity to commercial kitchen and agricultural-processing uses; • That the application remains incomplete because no parking calculations under Town Code § 280-78 or surface-type details for the driveway and parking areas have been provided; • That the application is intentionally structured to mislead the Planning Board into permitting a commercial facility that could not achieve approval if its true nature and scale were honestly disclosed. This application is designed to evade the Town's zoning and environmental protections. It also endangers the creek and the wetlands since the PLT Overlay Easement located those buildings on Maratooka Road, not along the 100 foot buffer zone of the creek. The Planning Board cannot approve this Site Plan as it is patently illegal and endangers the environmental quality of the creek. Sincerely, r �- P /- G.. fGL.a Catherine and Philip Cammarm 1500 Deep Hole Drive Mattituck,NY 11952 516-768-2088 inslplus@optonline.net cc: Town of Southold Planning Board ai Town of Southold Trustees Peconic Land Trust BRIAN AND CARIDAD PALUMBO 1145 CARDINAL DR:IVK MATTITUCK, NEW YORK 11952 P1% 1-4L-,Be1M6,)_# September 10, 2026 QIEc� 115,11w, D SEP 1 0 2026 TOWN Southold Town Board S PLANNING OAR PEANNING BOARD Southold Town Planning Board Southold Town Trustees 53095 Main Road Southold,NY 11971 Re: Objection to Proposed Oyster Processing and Production Facility at 4180 New Suffolk Avenue,Mattituck Dear Members of the Town Board, Plamiing Board, and Trustees: Our names are Brian and Caridad Palumbo, and we are homeowners in the Deep Hole Creek area. We are writing to you about the long-term impacts of the proposed oyster processing and production facility at 4180 New Suffolk Avenue, We fully recognize the importance of agriculture and aquaculture to our community and understand the value of supporting local businesses. However, we believe that a commercial processing operation of this scale is not compatible with the unique character of Deep Hole Creek and the surrounding residential neighborhood. Deep Hole Creek is treasured by residents for its natural beauty, environmental significance, and recreational use. The introduction of a large processing facility, along with the associated traffic, deliveries, lighting, noise, and commercial activity, has the potential to substantially change the character of an area that has long been defined by its quiet residential and waterfront setting. We are also concerned about potential impacts on water quality, wetlands, stormwater management, and the overall health of this sensitive ecosystem.Given the property's location an preserved farmland adjacent to an important waterway, we believe these issues warrant the highest level of scrutiny. Many residents chose to live in this area because of its rural character,open space, and the expectation that preserved lands would remain consistent with those preservation objectives. We respectfully ask the Town to ensure that any decision made here protects those values and carefully weighs the interests of the broader community. For these reasons, we urge the Board to proceed cautiously, require a thorough review of all environmental and neighborhood impacts, and deny the application as there is no scenario by which the project will be able to preserve the character and integrity of Deep Hole Creek and the surrounding community. Thank you. trCin , bo Caridad M. Palumbo From: Anneb48 <anneb48@aol.com> Sent: Thursday, September 10, 2026 1:22 PM To: Michaelis, Jessica Subject: DHC Land LLC t'�,NL',6�rMe-�Jff Planning Board M FE cc�IS[]W_/M;Pq Town of Southold Town Hall Annex 'CEP s v 20A 54375 Route 25 SOU rP�oLnrc�vsra PO Box 1179 PLANNING BOARD Southold, NY 11971 DHC Land LLC— Site Plan Application for Agricultural Buildings 4180 New Suffolk Avenue, Mattituck, NY 11952 SCTM # 1000-115-10-1.1 Dear Members of the Board: This is our second letter to the planning board. The first one was submitted earlier today. This addresses the personal safety of the area. As Mattituck home-owners living at 2775 Marratooka Road, we are writing to ask you to reject the DHC Land LLC application for Deep Hole Creek. We believe the developers are misrepresenting their plans for the property and urge greater zoning and environmental scrutiny. While the application describes a modest aquaculture business, we are concerned that they plan a large-scale shellfish processing and shipping facility ill-suited to a residential neighborhood. We enjoy the lifestyle that Mattitick affords. Walking, running ,and riding bikes on the beautiful roads bring great pleasure. We are very concerned that the commercial venture that is proposed will have a significant negative impact on our community. We are equally concerned about the safety of all the children who live in the area. It will be dangerous for them to walk or bike to friend's homes or school. Due to our concerns that the planned facility would do irreparable harm to our neighborhood , we strongly urge you to reject the site plan as submitted. Respectfully, Anne and Robert Bulger 2775 Marratooka Road Mattituck, NY 11952M Sent frorn the all new AOL app for jos ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 From: Anneb48 <anneb48@aol.com> Sent: Thursday, September 10, 2026 12:12 PM To: Michaelis, Jessica Subject: Re:DHCLandLLC �=�C-[E=n [- Planning Board SE � j 26 Town of Southold � Town Hall Annex SOUTHOLD TOWN 54375 Route 25 PLANNtNO BOARD PO Box 1179 Southold, NY 11971 DHC Land LLC —Site Plan Application for Agricultural Buildings 4180 New Suffolk Avenue, Mattituck, NY 11952 SCTM # 1000-115-10-1.1 Dear Members of the Board: As Mattituck home-owners living at 2775 Marratooka Road, we are writing to ask you to reject the DHC Land LLC application for Deep Hole Creek. We believe the developers are misrepresenting their plans for the property and urge greater zoning and environmental scrutiny. While the application describes a modest aquaculture business, we are concerned that they plan a large-scale shellfish processing and shipping facility ill-suited to a residential neighborhood. We are committed to upholding the agricultural character of the North Fork. When we contributed to the Peconic Land Trust campaign to buy the property, we believed the land would be preserved as farmland. We were shocked to learn that the applicant's state grant application states the property owners intend to build a "middle of the supply chain" facility with industrial sorting equipment, a commercial kitchen and climate- controlled storage. Our reasons for opposing DHC Land, LLC's plan align with those submitted to you by our neighbor and family member, Alfred Levitt, who has submitted a letter arguing against the proposal. Due to our concerns that the planned facility would do irreparable harm to our neighborhood and the reasons expressed in Alfred's letter, we strongly urge you to reject the site plan as submitted. Respectfully, Anne and Robert Bulger 2775 Marratooka Road Mattituck, NY 11952 i William L. Barker S,174 275 Bungalow Lanc IL 113C r°i C-1J I-4 Mattituck. NY 11952 SEP 102I 6UTNtll91OWN PLANNING 80,4R® September 10, 2026 To the Southold Town Planning Board: I am writing to express my strong opposition to the proposed seafood processing, packaging, storage, and distribution facility at 4180 New Suffolk Avenue, Mattituck. As a property owner directly on Deep Hole Creek, I have a significant personal and financial interest in preserving the environmental quality, navigability, and residential character of the creek. My family and I regularly use the creek for boating and kayaking, and we value the peaceful nature of this unique waterfront community. I am deeply concerned that the proposed large-scale commercial operation is incompatible with the existing character of Deep 1-dole Creek and the surrounding neighborhood. The introduction of a seafood processing, storage, and distribution facility has the potential to permanently alter the creek and the community that has developed around it. My concerns include: • Increased commercial traffic, including trucks and service vehicles, in an area that has historically been residential and recreational in nature. • Potential impacts to water quality and the ecological health of Deep Hole Creek. • Increased noise, lighting, and industrial activity associated with processing, storage, and distribution operations. • Increased commercial use of the creek and surrounding waterfront, which could interfere with recreational boating, kayaking, and the quiet enjoyment of the waterway by residents. • T'he possibility that future permits and approvals could allow additional expansion of commercial operations once a precedent has been established. • Potential negative impacts on waterfront property values and the quality of life of residents who have invested in homes along the creek. Deep tlole Creek is a valuable natural resource that supports recreation, wildlife, and a unique residential waterfront environment. As someone who owns a home directly on the creek and uses it regularly, I believe the proposed project poses significant risks to the character and long-term health of this area. For these reasons. I respectfully urge the Planning Board to deny this application and preserve Deep Hole Crock as the recreational and residential waterway it is today. Thank you for your consideration of my comments. I respectfully request that this letter be included in the official record of the public hearing and any future proceedings concerning this application. Sincerely. William L. Barker Subject: RE: KEEP THE CREEK AS IS!!!!! P 1$L--,C cc j MCI I d L MC�C�(]M D ---------- Forwarded message --------- S�.,.,. From: Matilda Neannonitakis <bungiI961 c�gmail,con�> "v � Date: Tue, Sep 8, 2026 at 6:14 PM SOUTHOLD TOWN PLANNING BOARD Subject: KEEP THE CREEK AS IS!!!!! To: <JESSICAM(CbSoutho[dtownny,gou> Dear Members of the Southold Town Planning Board, am writing to express my concerns regarding the proposed seafood processing, packaging, storage, and distribution operation at 4180 New Suffolk Avenue in Mattituck. I fully support local businesses, agriculture, and aquaculture on the North Fork. My concern is not with the business itself, but with the proposed location and the scale and nature of the operation being introduced into an environmentally sensitive waterfront area surrounded by preserved land and residences. Deep Hole Creek and the surrounding property are valuable not only to the nearby residents, but to the character and natural environment of Mattituck.A commercial operation involving processing, refrigeration, deliveries, distribution, vehicle traffic,water usage,waste handling, and potentially increased marine activity could permanently change the character of this area. Once a commercial use of this nature is established, there is also understandable concern regarding future expansion or intensification of the operation. Before approving this project, I ask the Planning Board to carefully consider its long-term impact— not simply what the operation may look like on its first day, but what this approval could permit or encourage five, ten, or twenty years from now. also believe there are reasonable alternatives that could allow this business to succeed without placing a processing and distribution facility on this property. For example, the company could utilize or lease an existing commercially or industrially zoned building for processing, refrigeration, packaging, and distribution,while maintaining its aquaculture and agricultural activities separately. Reusing an existing facility could potentially be more cost-effective than constructing new processing infrastructure, utilities, wastewater systems, refrigeration facilities, access roads, and other improvements on an undeveloped waterfront property. Such an arrangement would also place truck deliveries, employee traffic, refrigeration equipment, waste handling, and distribution activity in an area already designed to accommodate commercial operations rather than introducing those impacts into a quiet residential and recreational creek environment. I would therefore ask the Town to explore alternatives with the applicant, including: locating the seafood processing, packaging, refrigeration, and distribution portions of the business in an existing commercial or industrial facility; 1 limiting activity at 4180 New Suffolk Avenue to genuinely agriculturallaquacultural uses compatible with the surrounding property; establishing enforceable limits on operating hours,truck traffic, processing volume, outside shellfish processing, noise, lighting, water withdrawal, wastewater, dock activity, and future expansion; requiring any substantial future expansion to return to the Planning Board for full public review. Economic development and environmental preservation do not have to be opposing goals. I believe there is an opportunity to support a local aquaculture business while also protecting Deep Hole Creek and the residential character of this part of Mattituck. I respectfully ask the Planning Board not to approve the project in its current form and instead work with the applicant toward a location and operating model better suited for commercial seafood processing and distribution. Thank you for your consideration. Matilda Neamonitakis RESIDENT AT 2130 THERESA DRIVE 516-456-7600 bungil961@gmail.com ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 LETTER OF OPPOSITION WREI September 8, 2026 CEP SOUTHOLD TOWN PLANNING BOARD To: Southold Town Planning Board From: Concerned residents and property owners on and around Deep Hole Creek Re: Proposed Project at 4180 New Suffolk Ave., Mattituck, NY 11952 — DHC Land LLC SCTM# 1000-115-10-1.1 Dear Members of the Southold Town Planning Board: We are writing to express our strong opposition to the proposed project and site plan at 4180 New Suffolk Ave. Mattituck, NY 11952, submitted by Will Peckham member of DHC Land LLC and owner/founder of West Robins Oyster Company. This proposal is fundamentally incompatible with the residential and recreational character of the surrounding community and zoning. Deep Hole Creek/Southold Town residents worked hard to raise approximately $800,000 via the Peconic Land Trust to preserve this land "as is" with the idea of a home being built in the 2-acre development area along the creek. Introducing a commercial project/operation of this magnitude into our all-residential neighborhood would represent a significant departure from what currently exists and would set an extremely troubling precedent for the future. Per Application # 0000000249 to the NYS RFSI for grant funding, West Robins Oyster Company founded by Will Peckham, also a managing member of DHC Land LLC, plans to build a commercial seafood operation at the basin of Deep Hole Creek. The NYS grant application explains how the above applicant's proposal would have commercial vehicles in and out of the property in addition to commercial fishing vessels utilizing the residential dock for loading and unloading oysters. The bold text below was pulled directly from the NYS RFSI application previously referenced: • "The middle-of-the-supply-chain facility will enable significant expansion of production and processing capabilities for WROC, LLC as well as other shellfish growers in the Great and Little Peconic Bays." The current town code prohibits running a commercial operation from a residential/recreational dock. We urge the board to read through the Southold Town Trustee file for Wetlands permit #10579 at this site. The Trustees and CAC denied any commercial design/use of the dock and would not allow the applicant to install davits ramps, etc. as they are commercial in nature. This Town record also contains multiple letters from creek residents opposing any commercial operation from the residential dock. • "Transformatively, this project would enable WROC to upgrade from a NYSDEC Shipper D credential to a Shipper A credential, allowing us to reship, pack and repack cultivated shellfish purchased from holders of valid shellfish shipper permits." This will increase truck traffic on a very narrow roadway where many blind spots currently exist, putting the community in harm's way. • The Founder of Hampton Oyster Company (also an active town trustee) provided a letter attached to the previously mentioned grant application stating: "The proposed project would construct a grading, aggregating and processing facility less than two miles from my farm and more importantly, accessible via water directly from the Great Peconic Bay." The commercial design/use of the dock was already addressed and denied by the Trustees and the Conservation Advisory Council. This letter of support for an actively sitting Trustee directly conflicts with the boards previous ruling. All of this additional traffic would certainly become hazardous for drivers, runners, cyclists, swimmers, kayakers, recreational boaters and children. We have attached the NYS RFSI Application for the planning board's reference and review. It is also important to clarify ownership of the property at 4180 New Suffolk Ave. Is the owner West Robins Oyster Company, DHC Land LLC, or Dirt Capital? Town code is specific on owner/occupant'guidelines, and the lack of transparency regarding the property's ownership raises additional questions and concerns for the community. This is not simply a question of placing a commercial project on a parcel of land. The Planning Board should consider what this proposal would mean for the entire town. Once the character of an area is changed to commercial use that is inconsistent with its residential surroundings, it becomes considerably easier to justify additional changes, variances, code amendments, and development. The consequences of this decision could therefore extend far beyond 4180 New Suffolk Ave. Approval would send a message that the existing residential area is negotiable and that incremental commercial development can be introduced despite its incompatibility and being non-conforming with the surrounding community. Please do not allow this project to become the precedent that opens the door for further commercial development within our area. We would not want every property owner on Deep Hole Creek to think they could start up a commercial business on residentially zoned lots with a residential/recreational dock. Many of us settled down on this creek because there are no operations like the proposed. We respectfully urge the Planning Board to deny this application and protect the established character and long-term integrity of our neighborhood. Thank you for your consideration. Concerned Residents, Christopher & Elizabeth Austin — 2200 Deep Hole Dr. Mattituck, NY 11952 Maria Santigate - 2305 Park Ave Mattituck, NY 11.952 James and Carol Sherer— 1015 Bungalow Lane Mattituck, NY 11952 Hal Hepensteil — 1055 Bungalow Lane Mattituck, NY 11952 Lou Giglioli — 1275 Bungalow Lane Mattituck, NY 11952 Additional Notes: Southold Town link for the complete site plan submission: \111a nin\eD artri)e-tit\App i.ca io.ris\Site Plans\Pending.1_000-115.-10-1.1 Southold Town link for Wetlands Permit# 10579 \Trustees\Wetlarids Permits\2024\TR-10570 DAVID AND MARILYN RIVKIN 3000 Moores Lane Cutchogue,NY 11935 September 8, 2026 17 r? H L_ R By email M N�CP�'11 ME hc) SEP 0 Planning Board f7!6�' 2 W Town of Southold SOU HOLD TOWN Town Hall Annex PLANNING BOARD 54375 Route 25 PO Box 1179 Southold,NY 11971 DHC Land LLC—Site Plan Application for Agricultural Buildings 4180 New Suffolk Avenue,Mattituck,NY 11952 SCTM# 1000-115-10-1.1 Dear Members of the Board: We are year-round Cutchogue residents living at 3000 Moores Lane. We write as a neighbor to ask you to reject this application as submitted. Our reasons for opposing the proposal are identical to those submitted to you by our neighbor, Alfred Levitt, so we adopt his letter, which we have attached. Like Alfred, we contributed generously to the Peconic Land Trust campaign to preserve this property, as we believe strongly in protecting the agricultural character of the North Fork. We are shocked that a regional shellfish processing plant could be considered as proper agricultural use of this land. We support the growth of aquaculture in the North Fork, but Southold has zoned for such a plant in areas appropriate for marine and industrial use, not in a residential neighborhood where it would be highly disruptive. For these reasons and those expressed in Alfred's letter,we strongly urge you to reject the site plan as submitted. Respectfully, David and Marilyn Rivkin dv,rrivkLn2, gmailcoin m-qJvkLiQ.�!,__grnail.qoni September 5, 2026 p yam. 9e 7 BY EMAIL (( <l�tlirl�� ci oufiiolt:lltnvt1t1v_20\_) S P ' 8 2026 Planning Board SOUTHOLD TOWN Town of Southold PLAN NG Town Hall Annex 54375 Route 25, P.O. Box 1179 Southold,NY 11971 Re: DHC Land, LLC —Site Plan Application for Agricultural Buildings 4180 New Suffolk Avenue, Mattituck, NY 11952 SCTM# 1000-115-10-1.1 Dear Members of the Board: I am a year-round Cutchogue resident living at 4370 Moores Lane. I write as a neighbor to ask you to reject this application as submitted. I also want you to know that I contributed my own money to the Peconic Land Trust campaign to preserve this property. I did that because I believed what I think most of us believed: that this land would stay farmland, that it would be worked by a farmer, and that the buildings a farm needs would go where the easement says they go. I did not contribute to help build a regional shellfish processing plant on Deep Hole Creek. I would not have. Look at the two descriptions of this project side by side. The application in front of you speaks the language of a small family farm a farm stand, an agricultural production building, a pole barn, a greenhouse, a farmhouse. The applicant's own state grant application, now part of your record, describes something else entirely: a"middle of the supply chain" facility built to grade, aggregate, process and ship millions of oysters a year for multiple growers, with industrial sorting equipment rated at 15,000 shellfish an hour, a commercial kitchen, and climate- controlled storage shared with other operators. By the applicant's own projection, it would roughly double the reported landings of the entire Suffolk County aquaculture program. That is not a farm with a house on it. That is a wholesale seafood plant. Two documents, one site, two very different projects and you should decide this case on the one that describes what is actually going to be built. The whole application rests on the claim that the aquaculture use is accessory: incidental and subordinate to a primary residence. Test that against the numbers. The residence is roughly 1,300 square feet. The operation is a capital project approaching $850,000, most of it federally funded, designed from the outset to serve growers other than the applicant. Nothing about that is subordinate to a small house. It is the reverse the house is a component of the plant. And ask the practical question that follows: if the owner-operator moves out in three years, what does the Town actually do about it? The residence is the hook this approval would hang on, and it is the one piece of the project no one can hold onto. What would remain is a commercial processing facility in a residential neighborhood, on a tidal creek, owned by an out-of-state entity. There is also the matter of what preservation was supposed to mean here. Development rights on twelve of these acres were extinguished so this ground would be farmed by a farmer, living on it, selling what he grows. That is a real and worthy thing, and it is what the community paid for. A facility whose stated purpose is to receive, sort, package and ship other people's product from other people's water is not that. It is a different business, wearing a farm's clothing, and it was made possible in part because neighbors like me paid down the price of the land to keep it in agriculture. Let me be clear about what I am not saying. I am not against aquaculture, and I am not against this applicant earning a living. The working waterfront is part of what makes the North Fork worth living on. But our code already tells us where an operation of this size belongs: on a parcel of at least seven acres owned by the operator, set well back from roads and neighbors, fully enclosed or in the Marine I and Marine II districts, where commercial marine business is expected and where the neighbors bought in knowing it. Deep Hole Creek is none of those things. It is a small, shallow, residential creek with homes around it and recreational boats on it. And rather than being placed in the agricultural building area the easement designated for exactly this purpose, these buildings are pushed up against the wetland buffer, where they pose the most risk to the creek and the most intrusion on the homes to the south. I respectfully ask the Board to do four things: • Deny the site plan as submitted. • Before any further-consideration, require the applicant to put in writing a complete and accurate description of the operations planned for this site throughput, truck traffic, boat deliveries, hours, outdoor storage, who else's product moves through it—and refer to the Building Department and Zoning Administrator the question of whether the supplemental aquaculture standards of§ 280-13(A)(7) apply, as your own staff memo suggested. • Revisit the SEQRA Type I1 classification. A federally funded industrial processing facility on a tidal creek is not routine farm management practice, and the community deserves the environmental review that comes with an honest classification. • Require that any agricultural buildings be located in the designated Agricultural Structure Area under the Peconic Land Trust overlay easement—where the community was told they would be. The people who live around this creek did not oppose farming here. We paid to make it possible. What is being asked for now is something we were never asked about, and something I do not believe any of us would have funded. Please hold this application to the code as written, and to the promise this community was made. Thank you for your time and for your service to the Town. Respectfully, 04)4 Alfred Levitt(alfredlevitt@gmail.com) 4370 Moores Lane Cutchogue, NY 1 1935 From: Roberta Lituchy <rmishea15@gmail.com> Sent: Monday, September 7, 2026 1:03 PM To: Michaelis, Jessica Subject: 4180 New Suffolk Avenue Proposed large scale commercial operation Dear Planning Board, I am writing to express my strong opposition to the proposed seafood processing facility at 4180 New Suffolk Avenue in Mattituck, New York. I have serious concerns about the impact this type of industrial operation could have on the surrounding neighborhood and the character of our community. A seafood processing facility has the potential to create significant issues involving odors, noise, traffic, wastewater, waste disposal, and other environmental impacts. The location of this proposed facility is particularly troubling given the surrounding residential and community uses. Mattituck is valued for its quality of life, agricultural and residential character, and the environment that makes the area special. Introducing a large-scale processing operation at this location could fundamentally change the character of the neighborhood and negatively affect nearby residents and property owners. I respectfully ask that the Town and all relevant boards thoroughly evaluate the proposed project, including its potential environmental, traffic, wastewater, noise, odor, and public-health impacts. I also urge the decision-makers to consider whether this use is truly appropriate for this location and consistent with the Town's zoning requirements and long-term planning goals. I strongly encourage the Town to protect the surrounding community reject this project. Thank you for considering my concerns and for your commitment to protecting the character and quality of life of Mattituck. S,bf P 0U C SC Jt Sincerely, f lmc(; M VAff,P d 702 Barry& Roberta Lituchy sOuTH®L®TuWra 4660 Deep Hole Drive, Mattituck, NY 11952 PLANNING BOARD btll 757@aot.com Hs. — 1 O 1 . 6 ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i September 3, 2026 r"k., C rJ 1A Southold Town Planning Board , „� ; Town Hall, 53095 Main Road _ .��gg P �• F: �; � Southold, New York 11971e r�. = .tip. Re: DHC Land LLC, 4150 New Suffolk Avenue, SCTM No. 1000-115-10-1.1 RLMNAG BARD) Dear Members of the Planning Board: I own 2350 Deep Hole Drive on Deep Hole Creek. Please include this letter, Trustee Permit File No. 10579, the WROC RFSI grant submission, the September 12, 2024 Peconic Land Trust approval, the recorded PLT overlay easement, and all current plan materials in the record for this application. The complete 20-sheet plan set should be produced and included in the record before action is taken. [1, 23 3,41 I support preserving working agriculture on the North Fork, and I recognize that the recorded conservation easement contemplated agriculture and aquaculture on this property. My objection is not to oyster farming. It is to approving,without defined limits, a multi-grower aggregation, repacking, cold-storage and processing facility at the head of a narrow residential and recreational creek. The State grant materials describe a much more intensive operation WROC's RFSI application describes a middle-of-the-supply-chain facility for grading, aggregating and processing. It projects capacity for more than two million WROC-grown pieces, additional capacity to aggregate and distribute approximately two million pieces from other growers, and a Shipper A credential allowing WROC to pack, repack and reship shellfish purchased from other permitted growers. New York State subsequently awarded$632,450 toward a facility intended to serve multiple producers and wholesale, retail and institutional markets. The single plan sheet made available to neighboring owners identifies four proposed structures but does not disclose that operating scale. Before acting, the Board should require the complete 20-sheet plan set and an enforceable operating plan addressing third-party product,vessel movements, truck and refrigerated-truck trips, employees,hours, outdoor activity and storage, refrigeration noise, lighting,washdown,waste handling, wastewater and anticipated annual throughput. The Trustee record does not clearly authorize a multi-grower commercial landing The Trustee record is internally inconsistent. The LWRP review describes the dock as supporting aquaculture, but the April 17, 2024 hearing minutes record the applicant's representative stating that the davit and references to commercial activity had been removed. The Trustees stated that they were reviewing a residential lot with a residential dock, not a commercial operation, and that aquaculture equipment or structures Would need to return for review.The final permit contains no approved davit, hoist, loading ramp, float or culling equipment. he . � aK c,n 't 0 {L. .Z i. k That distinction matters.A permit that may support WROC's own aquaculture activity is not necessarily authorization to use Deep Hole Creek as a recurring commercial landing point for shellfish grown by multiple unrelated operators. Section 280-13C(3) describes R-80 docking facilities as facilities for noncommercial boats, and Permit 10579 requires other necessary permits and consents. Before relying on water access as part of this site plan,the Board should obtain a written determination identifying the zoning authority and agency approvals for any proposed commercial vessels,third-party product landings,loading equipment and frequency of use. The record raises additional unresolved compliance questions First, § 280-13C(13)(e)requires at least 66 percent of agricultural products being processed to have been grown by the bona fide farm operation. The grant's capacity figures raise a substantial compliance question, but do not disclose what portion of third-party product will actually be processed rather than stored or distributed.The Board should define the covered activities and require a projected product mix, annual records and an enforceable reporting mechanism demonstrating continuing compliance. Second, if the applicant relies on § 280-13AM,the parcel must be owned by the land-based aquaculture operator.The fee owner is DHC Land LLC,while the grant applicant and proposed operator is wROC LLC.,The Board should identify the operator and explain how the ownership requirement is satisfied. Third, if the farm stand or any other part of the project will directly market aquaculture or mariculture products, the Board should make findings under § 280-13C(14), including the location and owner-residency requirements and the limitation to products grown by that bona fide aquaculture or mariculture operation. Fourth, PLT's September 12, 2024 letter approved a single 24-foot by 62-foot barn and directed that modified plans be submitted as a separate request. The current plan is materially different: it demolishes the existing house and proposes a farmhouse,pole barn, agricultural production building and farm stand. The Board should require written PLT confirmation that the current structures and the multi-grower uses described in the grant submission comply with the easement,including its sound and light mitigation requirements. Finally,the USDA environmental questionnaire in the grant packet answers no to ground disturbance, refrigerant-containing equipment, changed activities or land use, and long-term noise. The same packet describes new construction, substantial cooling equipment, an electrical-service increase from approximately 250 to 1,000 amps, and a new sanitary system that may require a grease trap or solids separator.Those representations should be reconciled, and supplemental environmental information required if necessary, before the Board completes its environmental review of a site adjoining Deep Hole Creek, a designated Critical Environmental Area. D11C:I.AND LIA'SITY' 1111AN 1 I.'U I.,IC C'O I-ME r Requested action On the present record, I ask the Board to deny the application as submitted or keep the hearing and written record open until the complete plans, current outside approvals and a quantified operating plan are produced and reviewed. If the Board ultimately considers approval, the resolution should include enforceable conditions that; 1. Do not authorize or assume any recurring commercial loading or unloading at the Permit 10579 dock.Any use of the dock for third-party product landings, commercial loading or unloading, or loading equipment must receive separate written authorization from every agency with jurisdiction. Nothing in this condition is intended to restrict otherwise lawful personal or recreational boating. 2. Set numerical limits for truck and refrigerated-truck trips, employees, delivery windows and operating hours and,if any commercial dock activity is separately authorized,the frequency of commercial loading and unloading. 3. Require annual records sufficient to verify the 66 percent processing requirement and any direct-marketing restrictions. 4. Control outdoor processing and storage,idling,refrigeration and equipment noise,lighting, washdown,waste and wastewater. 5. Limit approval to the four structures and uses actually reviewed. worker housing,additional barns or greenhouses, expanded processing and other material changes must return for new review. 6. Require current written PLT approval, Suffolk County Department of Health services approval and all necessary Trustee,DEC and other approvals before construction or operation. I would rather see this parcel farmed than conventionally developed. But that does not justify approving an undefined regional landing and processing operation first and determining its traffic, creek use and environmental effects later.The facts,legal authority and enforceable limits should be established before approval. Thank you for your consideration. Sincerely, Koryn ("Dori") Estrada 2350 Deep Hole Drive Mattituck, NY 11952 SOURCES AND AUTHORITIES [1]wROC LLC,New York State RFSI Grant Application No.0000000249,including the USDA environmental questionnaire,Short Environmental Assessment Form,project narrative and September 12, 2024 PLT approval letter. [2] Southold Board of Town Trustees,wetland Permit File No. 105-79,including the original and revised project descriptions,LWRP review,resolution,permit and 2025 administrative amendments. [3] Peconic Land Trust,Overlay Conservation Easement for 4150 New Suffolk Avenue,dated July 31, 2023. [4]AMP Architecture,Site Plan Sheet G-001,00, dated July 6,2026.The supplied document is Sheet 1 of 20 and marks Suffolk County Health approval as pending. [5] Southold Board of Town Trustees, meeting minutes dated April 17,2024, especially the hearing discussion concerning Permit 10579. [6]Town of Southold Code§ 230-13A(7), C(3),C(13)and C(14),https:/Jecode360.com/5162056. [7] New York State Department of Agriculture and Markets,RFSI Project Award Descriptions,west Robins Oyster Company,LLC,grant award of S632,450,https:/Iao*riculture.ny.gov/project-award-descriptions- resilient-food-systems-infrastructure-grant-program. Application: 0000000249 Will Peckham -will@westrobins.com NYS Resilient Food Systems Infrastructure Grant (RFSI) Eligibility Determination and Application: Infrastructure Summary ID: 0000000249 Last submitted:Aug 29 2024 06:15 PM (EDT) Application Form Completed-Jun 28 2024 Application Form Applicant Information Applicant Organization Name: WROC LLC Entity Type (add option from check box below): Limited Liability Corporation UEI: Z3N7TTKSRX77 Phone Number: 631-292-0260 Email Address: willOwestrobins.com Physical Address Street: 4180 New Suffolk Avenue City: Mattituck State: NY Zip: 11952 Is physical address the same as your mailing address? No 1 / 29 Mailing Address (If different from above) Street: PO Box 2218 City: Southampton State: New York Zip: 11969 Primary Point of Contact Name: Will Peckham Title: Managing Member/ Farmer Phone Number: 631-292-0260 Email Address: will@westrobins.com Mailing Address Street: PO Box 2218 City: Southampton State: NY Zip: 11969 2 / 29 DISTRESSED COMMUNITIES INDEX Using the Distressed Communities Index Map, provide the community distress score for the county(ies) benefiting from your project. Note: U.S. Territories are not required to submit Distressed Communities Index data. Click the + or- button to add or remove items as needed. FOR EXAMPLE: County 1: 'Ulster' Distress Score 1: '40.5' County 2: 'Columbia ' Distress Score 2: '36.8' County Distress Score 1 Suffolk 15.8 2 3 4 5 Do you want to add more counties? (No response) TYPE OF APPLICANT Select applicant type: Agricultural producers or processors, or groups of agricultural producers and processors. 3 / 29 PROJECT TITLE Provide a descriptive project title in 15 words or less in the space below. New-construction middle-of-the-supply-chain facility for grading, aggregating and processing DURATION OF PROJECT Project Start Date: Oct 15 2024 Project End Date: Dec 31 2026 4 / 29 EXECUTIVE SUMMARY Include a project summary of 250 words or less suitable for dissemination to the public.A Project Summary provides a very brief (one sentence, if possible) description of your project.A Project Summary includes: 1. The name of the applicant organization that if awarded a grant will establish an agreement or contractual relationship with the State Applicant to lead and execute the project; 2. The project's purpose, deliverables, and expected outcomes; and 3. A description of the general tasks/activities to be completed during the project period to fulfill this goal. WROC, LLC will outfit a new-construction middle-of-the-supply-chain facility for post-harvest grading, aggregating, and processing thereby expanding market access for at least five Beginning Farmers producing crops ranging from oysters to organic vegetables. Specific tasks include outfitting a new construction barn with: specialized post- harvest grading equipment; efficient cold storage; solar power; HAACP compliant on-farm processing equipment for value-added products. The successfully completed infrastructure project will expand processing capacity and production volume while supporting new value-added New York products available locally in shelf-stable forms. PROJECT PURPOSE 5 / 29 APPLICANT PROJECT TYPE (EACH PROJECT MAY INCLUDE MORE THAN ONE) Responses Selected: Expanding processing capacities, including adding product types, increasing production volumes, and supporting new wholesale/retail, product lines; Modernizing equipment or facilities through upgrades, repairs, or retooling; (e.g., adapting product lines for institutional procurement or adding parallel processing capacity); Purchase and installation of specialized equipment, such as processing components, sorting equipment, packing and labeling equipment, or delivery vehicles; Enhancing worker safety through adoption of new technologies or investment in equipment or facility improvements; Increasing storage space, including cold storage; Develop, customize, or install climate-smart equipment that reduces greenhouse gas emissions, increases efficiency in water use, improves air and/or water quality, and/or meets one or more of USDA's climate action goals; Modernize equipment or facilities to ensure food safety, including associated Hazard,Analysis, and Critical Control Points (HACCP) consultation, plan development and employee training; Training on the use of all equipment purchased under the grant and associated new processes. Construction of a new facility; The U.S. Department of Agriculture (USDA)Agricultural Marketing Service (AMS) has developed an environmental screening process to review grant projects for environmental compliance with the National Environmental Policy Act(NEPA) and other Federal environmental statutes. All applicants are required to complete this form, which will help the FFGF determine what level of additional environmental review is required to advance your application. Please follow the link to download the form. Once completed, attach it to this application using the "Upload a file" below. USDAApplicant Environmental Questionnaire.pdf Filename: USDAApplicant Environmental Questionnaire.pdf Size: 1.2 MB If your project requires any State, County or Local permitting, have you secured all required permits? No 6 / 29 Has a NYS Environmental Assessment Form been completed? Yes Please attach the form. NYS SEAF WROC LLC RFSI.pdf Filename: NYS SEAF WROC LLC RFSI.pdf Size: 807.8 kB PROVIDE THE SPECIFIC ISSUE, PROBLEM OR NEED THAT THE PROJECT WILL ADDRESS Due to the high cost of land and difficult market access, beginning farmers in Eastern Suffolk County struggle to access necessary post-harvest infrastructure to aggregate, store and process their crops. These barriers to scale prevent small farm businesses from growing to a long-term sustainable size. This problem is especially acute for the region's shellfish farmers in Peconic Bay due to limited waterfront access and marginal cold storage, mostly located far from the area of harvest. Without viable climate-controlled storage and processing facilities nearby, shellfish growers are limited to the sale of whole, in-shell crops (oysters, clams, scallops) at nearly 1/3 the selling price they may receive for value-added and shelf-stable products. WROC, LLC recently purchased approximately 15 acres of waterfront agricultural land (located in an agricultural district) and has plans in place with permits pending to construct a -V2,000 square foot waterfront climate-controlled grading, aggregating and processing facility. Through the automated grading process, portions of crops normally thrown out may be designated for processing and subsequent manufacturing of value-added products, including shucked-and breaded shellfish, shellfish chowders and more. The middle-of-the-supply-chain facility will enable significant expansion of production and processing capabilities for WROC, LLC as well as other shellfish growers in the Great and Little Peconic Bays. In addition to the storage, grading and processing of cultivated shellfish crops, the applicant is leasing upland acreage to two local organic vegetable growers who will also have access to the processing equipment for the processing and storage of value-added products.Altogether, the successful execution of this project will expand infrastructure access for at least five Beginning Farmers and may facilitate the creation of new local sales channels of shelf-stable New York products to local institutional buyers including schools. 7 / 29 How does your project align with Federal and State RFSI priorities? This project supports infrastructure development that will expand local farm businesses' capacity for processing, aggregation, storage and distribution. It will provide targeted development of processing infrastructure to the shellfish and organic vegetable market segments. WROC, LLC is a New York State agricultural producer developing infrastructure that will benefit multiple producers in the middle-of-the-supply-chain.As a new construction facility, the project will incorporate modern, specialized post-harvest grading equipment and a HAACP compliant processing kitchen. This climate-smart project will select modern refrigeration systems with low-GWP refrigerants, LED lighting, robust insulation and rooftop solar to lower project-specific greenhouse gas emissions. Furthermore, because of the significant included match and already-committed growers, a minimum of five Beginning Farmers will have access to this infrastructure at a relatively low cost, showcasing efficiency with infrastructure investment. 8 / 29 PROVIDE A LIST OF THE OBJECTIVES THAT THIS PROJECT HOPES TO ACHIEVE Objective Description Objective 1 Construct new climate-controlled storage space accessible to multiple shellfish and vegetable growers Objective 2 Aggregate and store crops and processed products for shipment for a minimum of five Beginning Farmers Acquire and install specialized post-harvest grading Objective 3 equipment that is roughly 10 times more efficient than hand-sorting, enabling scalability Objective 4 Construct new processing kitchen for the HAACP- compliant production of value-added products Support new wholesale and retail product lines for local shellfish growers including shucked product, shucked- Objective 5 and-breaded frozen product and frozen stews and chowders available to institutional customers including local schools Objective 6 Objective 7 PROJECT BENEFICIARIES (AS DEFINED IN THE PROGRAM SCOPE AND REQUIREMENTS) Estimate the number of project beneficiaries: 5-8 Does this project directly benefit: Check box for all that apply below Responses Selected: New and beginning farmers and ranchers? Veteran Producers? OTHER SUPPORT FROM FEDERAL OR STATE GRANT PROGRAMS 9 / 29 Has this project been submitted for funding to a Federal or State grant program other than the RFSI andlor is a Federal or State grant program other than the RFSI funding the project currently? If yes, please explain below: No EXTERNAL PROJECT SUPPORT Describe the stakeholders who support the need for this project and why (other than the applicant and organizations involved in the project). Stakeholders who support this project include local New York State farmed shellfish growers' associations and industry experts including Long Island Oyster Growers'Association, Cornell Cooperative Extension Marine and the Long Island Farm Bureau. These organizations support this project because they recognize the acute need for middle-of-the-supply-chain infrastructure in the industry at large, but more specifically in our local region where prohibitively high land and infrastructure costs prevent local New York State producers from being able to adequately supply the New York market.As a result, our competitors from different states and territories with more readily available middle-of-the-supply-chain infrastructure (for example, the Chesapeake region and Northeast Canada) control a disproportionately large share of the New York State market for both unprocessed and processed shellfish products. Other stakeholders and beneficiaries include fellow shellfish farmers and downstream customers including local restaurant groups and institutional buyers. Each applicant must include at least one letter of support and a maximum of three letters of support for the project. Please attach the Letters of Support WROC RFSI Letter of Support CCE.pdf Filename: WROC RFSI Letter of Support CCE.pdf Size: 190.7 kB WROC RFSI Letter of Support HOC.pdf Filename: WROC RFSI Letter of Support HOC.pdf Size: 348.9 kB WROC RFSI Letter of Support LIFB.pdf Filename: WROC RFSI Letter of Support LIFB.pdf Size: 559.9 kB 10 / 29 EXPECTED PERFORMANCE MEASURES The outcomes and performance measures below provide a framework that allows grant recipients to track and evaluate project activities. Please provide expected numbers based on the projects scope of work. The section begins with Outcome 2. OUTCOME 2: CAPACITY IN THE MIDDLE OF THE SUPPLY CHAIN FOR LOCAUREGIONAL FOOD PRODUCTS Expected Numbers 2.1. Number of new facilities constructed: 1 2.2. Number of existing facilities improved or expanded: 0 2.3. Number of processing equipment units purchased 5 and installed: 2.4. Number of processing equipment units modernized 1 through upgrades, repairs, or retooling: 2.5. Number of aggregation, storage, distribution 2 equipment units purchased and installed: 2.6 Number of aggregation, storage, distribution equipment units modernized through upgrades, repairs, 0 or retooling: 2.7 Number of employees trained on new equipment 5 and processes: 2.8 Number of employees that received food safety 3 training: 2.9 Number of employees that received worker safety 5 training: 2.10 Number of new or improved wastewater 1 management systems: 2.11 Number of new or improved information technology 0 systems: 11 / 29 OUTCOME 3: INCREASE ECONOMIC VIABILITY OF LOCALIREGIONAL PRODUCERS AND PROCESSORS Expected Numbers 3.1 Number of new jobs created: 2 3.2 Number of local/regional agricultural producers who benefited from the new or improved 8 processing/aggregation/storage or distribution capacity: 3.3 Number of new local/regional products processed, 3 aggregated, stored or distributed: 3.4 Number of new value-added products developed: 3 3.5 Number of new market-outlets established: 2 3.6 Percent increase of new market opportunities 50+ 3.7 Percent increase of NYS farmer beneficiaries 50+ PROJECTS THAT INVOLVE PROCESSING (please mark NIA if not relevant to your project) Please describe the volume (pounds) and percentage of NYS-grown and raised products that you currently process and what your capacity will be at the completion of the project. WROC currently processes roughly 10% of its gross harvest or around 40,000 shellfish pieces per year into shucked meats. This processing takes place at a third-party, contract facility that is both expensive and distant from our on-farm production operation.At the completion of this project, WROC will qualify for a NYSDEC Class B Shellfish Processor Permit. We estimate that the total volume of crops processed into value-added products could approach 1,000,000 pieces per year by 2027 (-250,000 Ibs)with further development into the mid single-digit million piece range in a 10-year period. 12 / 29 PROJECTS THAT INVOLVE AGGREGATION AND DISTRIBUTION (please mark NIA if not relevant to your project) Please describe the volume (pounds) and percentage of NYS-grown and raised products that you currently handle and what your capacity will be at the completion of the project. Currently, WROC LLC farms approximately 400,000 oysters (-80,000 Ibs) per year and aggregates and transships another 80,000 farmed oysters.At the completion of the project, our production and storage capacity will increase to over 2 million farmed pieces (-400,000 Ibs)with further capacity to aggregate and distribute another 2 million farmed pieces. These projections would roughly double the current reported landings of the Suffolk County Shellfish Aquaculture Program. Transformatively, this project would enable WROC to upgrade from a NYSDEC Shipper D credential to a ShipperA credential, allowing us to reship, pack and repack cultivated shellfish purchased from holders of valid shellfish shipper permits. Budget Form Completed-Oct 312024 NYS Budget Form 13 / 29 Budget Summary: The budget must show the total cost for the project and describe how category costs listed in the budget are derived. The budget justification must provide enough detail for reviewers to easily understand how costs were determined and how they relate to the Project Objectives and Expected Outcomes. The budget must show a relationship between work planned and performed to the costs incurred. You may add additional rows to a table as needed. Refer to the USDA Program Scope and Requirements section 4.4 for more information on allowable and unallowable expenses. Please be sure to list and justify all expenses to be covered with matching funds separately and where they will be coming from. THIS FORM REQUIRES YOU TO SCROLL TO THE RIGHT USING YOUR TAB BAR TO LIST YOUR MATCHING FUNDS. Select N/A if you are not applying Matching Funds to that budget item. If applicable, ensure that you have included Critical Resources and Infrastructure letter(s)to support the application information. MATCHING FUNDS All eligible entities must provide a 50% match OR a 25%graduated match of the total project cost. See Section 1.5.3 of the Program Scope and Requirements for more information. Applicants must submit written and signed verification of match commitment from any party, including the eligible entity, who will contribute a match of non-Federal resources to this project. SELF-CERTIFICATION FOR GRADUATED MATCH To qualify for the 25%graduated match, the applicant must meet the definition of one of the following groups. See section 1.5.3 of the Program Scope and Requirements for definitions and additional information. Responses Selected: Beginning Farmer or Rancher By checking this box, I certify that my entity qualifies for the graduated match reduction of 25% 14 / 29 Signed Verifications of Match To submit a Match Verification Letter, download this form, complete it, and attach it through the "Upload a file" link below. Match Verification WROC LLC -- 2.pdf Filename: Match Verification WROC LLC -- 2.pdf Size: 246.1 kB Evidence of Critical Resources and Infrastructure To submit a Critical Resources and Infrastructure Letter(s), download this form, complete it, and attach it through the "Upload a file" link below. WROC Evidence of Critical Resources - RFSI Grant 2024.pdf Filename: WROC Evidence of Critical Resources - RFSI Grant 2024.pdf Size: 216.6 kB WROC Peckham approval letter signed.pdf Filename: WROC Peckham approval letter signed.pdf Size: 245.8 kB 15 / 29 BUDGET Expense Category: Funds Requested Match Value Match Type Personnel 0 7000 In-Kind Fringe Benefits 0 0 N/A Travel 0 0 N/A Equipment 323500 0 N/A Supplies 0 0 N/A Construction 226750 203816.67 Cash Contractual 82200 0 N/A Other 0 0 N/A Direct Costs Sub-Total 632450.0 210816.67 Funds Requested Match Value Match Type Indirect Costs Total 0 0 N/A Total Budget Funds Requested 632450 Match Value 210816.67 16 / 29 PERSONNEL List the personnel whose time and effort can be specifically identified and easily and accurately traced to Cooperative Agreement activities. Personnel Level of Effort (# Funds Match Value Match Type Name/Title of hours OR % Requested FTE) 1 Will Peckham 10% FTE 0 7000 In-Kind 2 3 4 5 Do you want to add more personnel? No 17 / 29 PERSONNEL JUSTIFICATION For each individual listed in the above table, describe the activities to be completed by name/title including approximately when activities will occur.Add more personnel by copying and pasting the existing list or deleting personnel that aren't necessary. FOR EXAMPLE: Personnel 1: Description and justification Personnel 2: Description and justification Personnel 1: Will Peckham (Managing Member& Farmer, WROC LLC).Approximately 10% of Will's time fora one- year period during the duration of this project. Specific tasks will include overall project management including organizational work with contractual general contractors and subcontractors. Mr. Peckham's primary focus will be on budgeting, reporting, and grant compliance from the period December 2024 to December 2025, which is assumed to contain the bulk of the construction project (depending on grant funding timelines) 18 / 29 EQUIPMENT Describe any special purpose equipment to be purchased or rented under the award. "Special purpose equipment" is tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost that equals or exceeds $5,000 per unit and is used only for research, medical, scientific, or other technical activities. Rental of "general purpose equipment" must also be described in this section. Purchase of general-purpose equipment is not allowable under this award. Equipment Rental or Acquisition Funds Match Value Match Type Item Purchase Date Requested Description Vision grader, automated packing 1 Purchase January 2025 178000 0 N/A system and associated peripherals HVAC, Cold December 2 Processing Purchase 2024 48000 0 N/A Room Processing December 3 Kitchen Purchase 97500 0 N/A 2024 Outfitting 4 5 Is there any more equipment to add? No 19 / 29 EQUIPMENT JUSTIFICATION For each Equipment item listed in the above table describe how this equipment will be used to achieve the objectives and outcomes of the project.Add more equipment by copying and pasting the existing listing or delete equipment that isn't necessary. FOR EXAMPLE: Equipment 1: Description and justification Equipment 2: Description and justification Equipment 1 (Vision Grader): This equipment is a specialized machine to automatically'cull' or sort farmed shellfish post-harvest by size, volume and quality. It is capable of sorting up to 15,000 shellfish per hour using artificial intelligence and machine learning (vision grading). Compare this to our average manual sorting rate of 600 pieces per hour per worker. The machine can be staffed by one to two skilled workers. This will expand industry capacity in a 'shared use' model where multiple farmers may grade their product on the machine, saving them time and producing a better product. Furthermore, the machine can sort farmed shellfish meant for processing (large, poor 'shape') into a batch that may then be directed to the processing kitchen where value-added products including shucked-and-breaded shellfish or shellfish chowders can be made from what would otherwise be a waste product. Quote includes peripherals including product pre-washer, automated bagging system, air compressor. Equipment 2 (HVAC, Cold Processing): Necessary from a food safety perspective to cool the portion of the building containing the vision grader to 42 degrees. This will maintain compliance with NYSDEC and FDA regulations for the storage and processing of farmed shellfish. This cooling unit is necessary to provide adequate climate-controlled storage space to multiple producers. Equipment 3 (Processing Kitchen Outfitting): This equipment includes a hood ventilation system, fire suppression, range, tilt-skillet, kitchen-scale refrigeration, specialized shucked shellfish sanitary tables, a floor mixer and wash sinks. This equipment is necessary to achieve the goal of creating HAACP compliant processing capacity to produce value-added-products from farmed shellfish and organic vegetable production. 20 / 29 CONSTRUCTION Describe costs including administrative and legal expenses, structures, relocation expenses and payments, architectural and engineering fees, project inspection fees, site work, demolition and removal, construction, and miscellaneous expenses related to modernizing or expanding a new or existing facility. Description Acquire When? Funds Match Value Match Type Requested Building Materials and 1 2025 0 173200 Cash Barn Construction Concrete Work: 2 2025 28000 11091.30 Cash ICF, Pad, Drains 3 Electrical 2025 28750 12000 Cash Plumbing/Public 4 2025 15000 2325.37 Cash water 5 Sanitary System 2025 93000 0 N/A Are there any other construction to add? Yes 21 / 29 CONSTRUCTION Describe costs including administrative and legal expenses, structures, relocation expenses and payments, architectural and engineering fees, project inspection fees, site work, demolition and removal, construction, and miscellaneous expenses related to modernizing or expanding a new or existing facility. Description Acquire When? Funds Match Value Match Type Requested 1 Rooftop Solar 2025 56000 0 N/A Conveyor 2 2024 6000 5200 In-Kind Modifications 3 4 5 22 / 29 CONSTRUCTION JUSTIFICATION Describe the need for construction costs. For projects involving construction, include any design and construction documents. If you are selected for funding, the grantee will be required to follow all applicable federal regulations regarding the construction activities. FOR EXAMPLE: Line Item 1: Description and justification Line Item 2: Description and justification 1. Building Materials and Barn Construction: Quote for construction of building envelope including walls, flooring system, insulation.Applicant match $173,200 in cash. This is the building envelope for the proposed processing and aggregating building. 2. Concrete Work: ICF, Pad, Drains: This cost includes all concrete work for the facility. Comprised of Insulated Concrete Forms for the first story to achieve excellent insulation (R40+ walls). Includes insulated floor pad and floor drains for agricultural grading and processing area. 3. Electrical: Necessary to power the processing and aggregating building. This system will include single phase and three phase power and associated panels and equipment. 4. Plumbing & Public Water Hookups: This is necessary for the project as there is no existing municipal water source on site. The applicant prefers municipal water service connection to mitigate frequent well-testing requirements for processing water that would otherwise be required by NYSDEC. 5. Sanitary System: New, Innovative/Alternative (I/A) low-nitrogen septic system servicing the processing facility. This is speed with grease traps and solids dewatering for the processing and aggregation building. 6. Rooftop solar: This is necessary to achieve our climate-smart goal in this new construction facility. Because HVAC equipment is necessarily energy-intensive, we would like to generate electricity from renewable sources onsite to offset greenhouse gas contributions. 7. Conveyor modifications:Applicant will make an in-kind contribution of an existing washdown upfeed conveyor which needs customization by a local fabricator to be able to be used as a functioning component of the post- 23 / 29 harvest vision grading line. CO NTRACTUALMO NS U LTANT Provide a list of contractors/consultants, detailing out the name, hourly/flat rate, and overall cost of the services performed. Please note that any statutory limitations on indirect costs also apply to contractors and consultants. Contractual Hourly Rate/Flat Funds Match Value Match Type Name/Organizati Rate Requested on Clean Water 1 74200 74200 0 N/A Advisors LLC Cornell Food 2 8000 8000 0 N/A Science 3 4 5 Are there more contractors/consultants to add? No 24 / 29 CONTRACTUAL JUSTIFICATION Provide for each of your real or anticipated contractors listed above a description of the project activities each will accomplish to meet the objectives and outcomes of the project. Each section should also include a justification for why contractual/consultant services are to be used to meet the anticipated outcomes and objectives. Include timelines for each activity. If contractor employee and consultant hourly rates of pay exceed the salary of a GS-15 step 10 Federal employee in your area, provide a justification for the expenses. This limit does not include fringe benefits, travel, indirect costs, or other expenses. FOR EXAMPLE: Contractual 1: Description and justification Contractual 2: Description and justification Contractual 1 (Clean WaterAdvisors LLC): This construction management and environmental professional (Chris Clapp, general contractor)will serve as the primary project manager during construction and will interface with Will Peckham. Mr. Clapp will provide approximately 70% FTE of an annual salary of$106,000 for requested funds of $74,200. These services will be rendered during the period December 2024 to December 2025, which is assumed to contain the bulk of the construction project (depending on grant funding timelines). Contractual 2 (Cornell Food Science): To provide start-up consultation services around HAACP compliant processing of value-added products. The applicant anticipates developing two-three recipes initially of core products, compliant with HAACP and GMPs including employee training. We need to outsource this expertise because, while Will Peckham is HAACP certified, this certification only extends to on-farm shellfish production processes and does not include specific expertise in value-added, shelf-stable products. 25 / 29 CONFORMING WITH YOUR PROCUREMENT STANDARDS By checking the box below, I confirm that my organization followed the same policies and procedures used for procurements from non-federal sources, which reflect applicable State and local laws and regulations and conform to the Federal laws and standards identified in 2 CFR Part 200.317 through.326, as applicable. If the contractors)/consultant(s) are not already selected, my organization will follow the same requirements. Responses Selected: I Confirm Uploads Incomplete RFS1 Permitting Completed-Oct 7 2024 Good afternoon RFSI Applicant, In order to proceed with our review of your application, we need you to answer the following questions and submit the corresponding documentation. Please note that this communication is not an indication that your application has been approved for funding. If you have any questions, please contact RFSI ffgrowthfund.org,. RFSl Additional Permits and Forms In order to proceed with our review of your application, we need you to answer the following questions and submit the corresponding documentation. Please note that this communication is not an indication that your application has been approved for funding. If you have any questions, please contact RFSI@ffgrowthfund.org. Submissions are due August 30th, 11:59PM. 1) Does your project require Town, City, State, or any other Planning Board Approval or Permitting? Yes: If the answer is yes, please attach all approvals or provide a detailed description in the space below of where you are in the process of securing all approvals or permits. 26 / 29 Details as needed: Our project may require approval from the Southold Town Planning Board.As a capital project on a farm, the Planning Board can require site plan approval at their discretion. Our project will also require approval from the Suffolk County Health Department. We are still in the application preparation process, having recently received stamped engineering drawings, surveys, and sanitary design. We expect to apply to the Town of Southold and the Southold Town Planning Board in September 2024. Question 1 uploads (If applicable) AO-4108 SITE PLAN-051524.pdf Filename: AO-4108 SITE PLAN-051524.pdf Size: 1.1 MB 2) Does your project require building permits? Yes: If the answer is yes, please attach all approvals or provide a detailed description in the space below of where you are in the process of securing all approvals or permits. Details as needed: Our project will require building permits. We have not applied for building permits yet, as our project is in the pre- application phase. Question 2 Uploads (If applicable) 3) Does your project require a NYS EAF Form? Yes: If the answer is yes, please attach the form or provide a detailed description in the space below of where you are in the process of securing your NYS EAF Form. 27 / 29 Details as needed: (No response) Question 3 Uploads (If applicable) NYS SEAF WROC LLC RFSI.pdf Filename: NYS SEAF WROC LLC RFSI.pdf Size: 807.8 kB 4) Does your project require a NYS Environmental Impact Statement? No Details as needed: (No response) Question 4 Uploads (If applicable) 28 / 29 5) Please attach all Letters of Evidence Critical Infrastructure and Resources for all infrastructure and resources that are necessary for you to complete this project, regardless of who is currently in control or possession of those projects. Applicants are required to submit a letter indicating the critical resources that are necessary for initiation and completion of the project and certify that they are in place and committed prior to the start date of the project. Critical resources and infrastructure can be facilities, land, structure, use of city street/parks, shared-use kitchen, and/or other resources that are essential for the prosed project activities. Land, structures, and other critical resources must be in place and in working condition at the time of application submission. Please resubmit any letters that accompanied your initial application. Template: http .-//ffgf.smapply.us/protected/nr/g2FFR/critical-resource-infrastructure-template-letter.docx WROC Evidence of Critical Resources - RFSI Grant 2024.pdf Filename: WROC Evidence of Critical Resources - RFSI Grant 2024.pdf Size: 216.6 kB WROC Peckham approval letter signed.pdf Filename: WROC Peckham approval letter signed.pdf Size: 245.8 kB 29 / 29 USDA Agricu[turat MarketingService U.S. DEPARTMENT OF AGRICULTURE APPLICANT ENVIRONMENTAL QUESTIONNAIRE The purpose of this document is to assist AMS staff in collecting adequate project information to complete a detailed environmental compliance evaluation. Based on a review of the application submitted, further information is required. AMS staff may request further information depending on the information provided by the applicant. PROJECT INFORMATION 1. APPLICANT ENTITY NAME AND APPLICATION NO.: WROC LLC, ID 0000000249 2. PHYSICAL LOCATION OF THE PROJECT: (INCLUDE GPS COORDINATES AND ADDRESS, LEGAL DESCRIPTION AS NECESSARY) 4180 New Suffolk Avenue, Mattituck, New York 11952. Suffolk County Tax Map Numer 1000-115.-10-1 GPS: 40°59'31.09"N, 72°30'59.07"W Please address the questions below and provide a copy of supporting documentation as requested. If you are unsure on any of the questions, please select"unknown." SURFACE WATERS YES NO UNKNOWN 1 Will any surface water resource (including wetlands,streams, ponds,or drainage features) be disturbed,diverted,or otherwise impacted during O O construction or after project completion? SOILS AND LAND RESOURCES—GROUND DISTURBANCE YES NO UNKNOWN 2 Will the project involve any ground or soil disturbance? ex. O O O excavation/bulldozing of soil 2a If yes to 2 above, is the area of ground disturbance known to contain 0 G)contaminated soils? 0 2b If yes to 2 above,will the project install, remove, or replace any O rtanks? � � 0 underground sto age 2c If yes to 2 above, has this soil been previously O O O disturbed/altered/excavated? VEGETATION YES NO UNKNOWN 3 Will the project remove or alter existing vegetation or trees at the site? If yes, please provide detail on the kind and amount(ac./sq.ft.) of vegetation Q O O that will be removed in the box on page 3. Page 1 of 3 CULTURAL RESOURCES(HISTORIC,ARCHAEOLOGICAL,TRIBAL) YES NO UNKNOWN 4 Will the project be located in/on a building that is more than 50 years old? *local tax records usually indicate the date or year a building was 0 O 0 constructed. If you are unsure of a building's age,please check with your assessor's office 5 Will the project be located within sight of a building that is more than 50 0 0 years old? 0 WATER QUALITY YES NO UNKNOWN 6 Will wastewater(e.g.,sanitary sewage, non-contact cooling water,slurries, dewatering, etc.) be generated during the project and/or after the project 0 Q 0 is complete for release offsite? 7 Is the project facility connected to a municipal wastewater system? If not, 0describe the on-sites stem and capacity in the box on page 3. 0 Y p Y p g 8 Is the project facility connected to a municipal water supply system? If not,describe the on-sites stem and capacity in the box on page 3. 0 Y p Y pg 9 Will National Pollutant Discharge Elimination Systems(NPDES)or Clean Water Act Permits be required or currently applicable? 0 0 SOCIOECONOMIC/ENVIRONMENTAL JUSTICE YES NO UNKNOWN 10 Does the project have the potential to negatively impact the human health or environment of disadvantaged populations, low-income populations, 0 0 0 and/or Indian tribes and Indigenous communities? AIR QUALITY/CLIMATE CHANGE YES NO UNKNOWN 11 Will air emission-generating equipment be installed or replaced (generators, boilers,fuel burning equipment, or refrigerant containing equipment, etc. ? If so provide details or specifications in the box on page 0 0 ) , p p p g 3. 12 Will the project cause any known increase in air pollutants(carbon O O O dioxide,greenhouse gases)during project upgrades or operation? HAZARDOUS MATERIALS/WASTE OR TOXIC SUBSTANCES YES NO UNKNOWN 13 Will the project result in the disturbance of lead-or asbestos-containing materials? 0 0 14 Will the project result in the use,storage,or disposal of hazardous materials? 0 0 15 Will the project involve pesticide application (e.g., herbicide or 0 0 insecticide)? 16 Will the project remove, install, or utilize an aboveground or underground oil or petroleum storage container that is equal to or greater than 55 0 0 gallons(e.g.,fixed or portable storage tanks, drums, base tanks for emergency generators,cooking oil containers, or hydraulic reservoirs)? LAND USE AND UTILITIES YES NO UNKNOWN 17 Will the project result in an increase in utility use(e.g., natural gas, electricity,water,sewer)? Provide any applicable capacity information or 0 0 0 specifications in the box on page 3. 18 Will the project result in a change in activities, land use, or zoning occurring h i rf facility?ili ? 0 0 cc g at the site o ac 19 Will the project cause long-term noise impacts to the area or impacts outside of the allowable times as regulated Y ulated b local ordinances? 0 0 20 Would the project alter or obstruct views or aesthetics in the immediate 0 0 vicinity of the site? Page 2 of 3 PROVIDEPLEASE • NAL PROJECT INFORMATION: REQUIREMENTS, • CONSULTATIONS, • •NCERNS AND/OR FURTHER EXPLANATIONSTO RESPONSES A • Question 3:Vegetation Remove invasive Miscanthus Giganteous grass and other broadleaf weeds. No disturbance of native vegetation or any existing trees >1" diameter. Question 7:Water Quality No municipal wastewater service is available in the area (no sewer).The project is currently being spec'd for an I/A(innovative/ alternative)sanitary system by Bridgewater Environmental. NYSDEC may require additional components including a grease trap or solids separator. Question 17: Land Use and Utilities As the applicant recently purchased the subject land in 2023,electrical service will be upgraded to support the new construction facility.Currently the property service is around 250 amps and the projected new service will be approximately 1,000 amps offset by rooftop solar.The bulk of the new utility service will power cooling equipment for aggregation and processing of climate-controlled farm products. Questions are answered to the best of the applicants' ability. Applicant understands AMS may conduct additional screenings and review of findings will determine any further requirements. AMS reserves the right to deny an application that has the potential for significant environmental impacts, cannot obtain proper permitting, does not meet NEPA or permitting policies or does not provide required documentation. Will Peckham, Managing Member and Farmer,WROC LLC 6/26/24 Name and Title of Prep arer/Applicant Date Page 3 of 3 Short Environmental Assessment Form Part 1 -Project Information Instructions for Completing Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1—Project and Sponsor Information WROC,LLC Name of Action or Project: New-construction middle-of-the-supply-chain facility for grading,aggregating and processing Project Location(describe,and attach a location map): 4180 New Suffolk Avenue, Mattituck, NY 11952 Brief Description of Proposed Action: WROC,LLC will outfit a new-construction middle-of-the-supply-chain facility for post-harvest grading,aggregating,and processing thereby expanding market access for at least five Beginning Farmers producing crops ranging from oysters to organic vegetables.Specific tasks include outfitting a new construction barn with:specialized post-harvest grading equipment;efficient cold storage;solar power;HAACP compliant on-farm processing equipment for value-added products.The successfully completed infrastructure project will expand processing capacity and production volume while supporting new value-added New York products available locally in shelf-stable forms. Name of Applicant or Sponsor: Telephone: 631-292-0260 WROC, LLC E-Mail: will@westrobins.com Address: 4180 New Suffolk Avenue City/PO: State: Zip Code: Mattituck NY 11952 1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES If Yes,list agency(s)name and permit or approval:Southold Town Building Department,Suffolk County Department of Health 3. a. Total acreage of the site of the proposed action? 15 acres b. Total acreage to be physically disturbed? 0.25 acres c. Total acreage(project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 15 acres 4. Check all land uses that occur on,are adjoining or near the proposed action: ❑Urban ❑✓ Rural(non-agriculture) ❑ Industrial ❑ Commercial ❑ Residential(suburban) Z Forest ❑✓ Agriculture ❑✓ Aquatic ❑ Other(Specify): ❑Parkland Page 1 of 3 SEAF 2019 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? 7. Is the site of the proposed action located in,or does it adjoin, a state listed Critical Environmental Area? NO YES If Yes,identify: Adjoins Deep Hole Creek F-1 ✓ NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? F-1- b. Are public transportation services available at or near the site of the proposed action? RI F-1 c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed RI F-1 action? 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: Exceed building envelope insulation requirements; rooftop solar ✓ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: No public sewer available. Project to have self-contained I/A system 12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the ✓ State Register of Historic Places? b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal, state or local agency? ✓ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ✓ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: Page 2 of 3 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑✓ Shoreline El Forest ❑✓ Agricultural/grasslands ❑✓ Early mid-successional ❑Wetland El Urban ❑ Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO YES Federal government as threatened or endangered? RI 16. Is the project site located in the 100-year flood plan? NO YES 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, RI F-1- a. Will storm water discharges flow to adjacent properties? RI F-1- b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? ✓ If Yes,briefly describe: 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids(e.g.,retention pond,waste lagoon,dam)? If Yes, explain the purpose and size of the impoundment: 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed) for hazardous waste? If Yes,describe: I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Will Peckham,WROC LLC Date: 6/27/2024 Signature:L (""" Title:Managing Member&Farmer,WROC LLC PRINT FORM Page 3 of 3 6/28/24,8:40 AM Mail-Harrison J Tobi-Outlook Co ell Gwperative enion anneProgram Suffolk County Marine Environmerdal Learning Center 3690 Cedar Beach Road Southold,NY 11971 htt P,./Icce s uffoIk.org/ a ri n e To whom it may concern, After speaking with"OC,, LLC concerning their proposed Resilient Food Systems Int'rastructure Grant application, I am writing this letter of support to acknowledge the project's ir-mers access critical nnovativeness and potential to help New York State shellfish a f infrastructure for the aggregation, storage and processing of their crops. As a lei d researcher of shellfish aquaculture and shellfish restoration at Cornell Cooperative Extension of Suffolk County,I support the applicant's project and am aware of the significant constrafflts facing our industry locally with respect to a lack of climate-controlled storage, agg,regation and processing infrastructure. The proposed project would construct a grading, aggregating and processing facility convenient to many growers in the Peconic Estuary Complex and accessible by boat directly from the harvest areas. This climate-smart project would enhance the local throughput of the Long Island shellfish aquaculture industry and take the industry one step closer to competing on a level playing field �%iffi growers in the Chesapeake and Northeast Canada regions who benefit from more accessible infi-astructure to serve local New York markets at the expense of New York growers. Sincerely. Harrison Tobi Shellfish Aquaculture and Restoration Specialist Comell Cooperative Extension of Suffolk County Clo(npl�Cooperative Extension is an employer and educator recognized for valuing AA/EEO,Protected Veterans,and Individuals with Disabilities and provides equal program and employment opportunities. https://outlook.office.com/maii/inbox/id/AAQkAGEzYjQyM2QwLTQwMjQtNDFkNiO5OGE2LTc4YWNIOWE4MzgyNwAQAEo7NggoZiNOiplonEPlbtA`/`3 co, 'A hh1M._Z June 26, 2024 Re: Letter of support for WROC LLC's RFSI Grant Application New-construction middle-of-the-supply-chain facility for grading, aggregating and processing To whom it may concern, After speaking with WROC, LLC concerning their proposed Resilient Food Systems Infrastructure Grant application, I am writing this letter of support to acknowledge the proj ect's innovativeness and potential to help New York State shellfish and organic vegetable farmers access critical infrastructure for the aggregation, storage and processing of their crops. As a shellfish farmer in the Great Peconic Bay, I produce approximately 600,000 pieces annually, all sold live in-shell while facing space constraints in climate-controlled storage and a lack of processing infrastructure. The proposed project would construct a grading, aggregating and processing facility less than two miles from my farm and more importantly, accessible via water directly from the Great Peconic Bay. This will open up new marketing opportunities for myself and others including expansion into higher- margin products like value-added shucked shellfish and ready-to-eat products that I could market to New York State institutional buyers. Sincerely, Joseph Finora Co-founder Hampton Oyster Company LLC Hampton Oyster Company LLC 1585 Hobart Road— Southold NY 11971 www.hamptonoysterco.com F\ 104 Edwards Avenue,Suite 3 f Calverton,NY 11933 Phone: 631.727.3777 '[ONG'�`AM admin@lifb.com June 261 2024 Re: Letter of support for WROC LLC's RF SI Grant Application New-construction middle-of-the-supply-chain facility for grading, aggregating, and processing To whom it may concern, After speaking with WROC, LLC concerning their proposed Resilient Food Systems Infrastructure Grant application, I am writing this letter of support to acknowledge the project's innovativeness and potential to help New York State shellfish farmers access critical infrastructure for the aggregation, storage, and nrocessing of their crops. The proposed project would construct a grading, aggregating, and processing facility convenient to many growers in the Peconic Estuary Complex and accessible by boat directly from the harvest areas. Suffolk County remains one of the leading Agricultural counties in New York State in terms of gross sales of crops. However, as costs of production rise and regulations become more stringent, farmers need more avenues to grow and market products including proper food handling techniques for food safety, and the ability for value added processing as well as aggregating and shipping of products. We feel innovative collaborative ideas such as this will help our farmers to flourish in the future. This climate-smart project would enhance the local throughput of our industry and take us one step closer to competing on a level playing field with growers in the Chesapeake and Northeast Canada regions who benefit from more accessible infrastructure to serve local New York markets at the expense of New'York growers. Sinc Robert Carpenter Director WROC LLC 4180 New Suffolk Avenue Mattituck, NY 11952 Email: Will@WestRobins.com Business Phone: 631-292-0260 MATCH VERIFICATION LETTER Will Peckham, Managing Member& Farmer, WROC LLC 4180 New Suffolk Avenue, Mattituck NY 11952 Dear Will Peckham: We commit to providing the following matching funds to the 2024 RFSI Infrastructure Grant application: "New- construction middle-of-the-supply-chain facility for grading, aggregating and processing" 1. Cash in the total amount of$198,617 10/1/2024 through 12/31/2026. a. Matching funds will be used for the new construction of a building envelope for an agricultural grading, aggregation and processing facility. b. We will provide the following match per year: i. Year 1: 2024, Cash, $35,000 ii. Year 2: 2025, Cash, $163,617 iii. Year 3: 0 2. In-kind contributions in the total amount of$12,200,will be contributed as follows: a. Salaries and wages of staff time for the following personnel: Employee Name Base Rate Year 1: Year 2: Year 3: (add additional lines as Title Description of ($)/hr or #of Hours #of Hours #of Hours needed) Equivalent Equivalent • Will Peckham Managing Member Compliance, $70,000 10% FTE, 0 0 & Farmer Organization, annual $7,000 Budgeting b. The following items/activities with a total fair market value of$5,200: Item/Activity Fair Market Value How Fair Market Value Amount Amount Amount (add additional lines as per Unit: Calculated: Donated Donated Donated needed) Year 1: Year 2: Year 3: Upfeed Conveyor 5,200 Average of selling price of $5,200 0 0 similar used machinery available for purchase I F((A,.e Will Peckham, Managing Member& Farmer, WROC LLC Email: Will@WestRobins.com Physical Address:4180 New Suffolk Avenue, Mattituck, NY 11952 Business Phone: 631-292-0260 D I RT APITAL PARTNERS EVIDENCE OF CRITICAL RESOURCES AND INFRASTRUCTURE Will Peckham WROC LLC Mattituck, NY Date: June 26, 2024 Dear Will Peckham: We confirm WROC LLC has the right to construct the proposed project on the critical resource (land premises) at 4180 New Suffolk Avenue and we fully support your 2024 RFSI Grant Application "New-construction middle-of-the-supply-chain facility for grading, aggregating and processing" for the time period of July 2024-July 2033 in the following way: • Approved use of property at 4180 New Suffolk Ave, Mattituck, NY toward these purposes: o Constructing new climate-controlled storage space accessible to multiple shellfish and vegetable growers; o Aggregating and storing crops and processed products for shipment for a minimum of five Beginning Farmer; o Acquiring and installing specialized post-harvest grading equipment on site; and o Constructing new processing kitchen for the HAACP-compliant production of value-added products ❑X By checking this box, I confirm that the critical resource(s) and infrastructure listed above are in place and usable for the start-up, implementation and completion of the proposed project activities. If requested by AMS, I will submit supporting documentation (e.g. copy of lease agreement, licenses, permits, picture(s) of facilities, etc.) as evidence. Sincerely, (7. Dominick Grant Managing Director 518-938-1527 32 Main Street, Suite 203A, Chatham, NY 12037 www.dirtpartners.com PECONIC LAND TRUST 9/12/2024 Will Peckham WROC LLC Mattituck, NY 11952 Re: Koehler Request for 'err ssio-n Under Conservation Easement Recorded on 09/27/2023 in fiber D00013220 and Page 019 at the Offices of the Suffolk County Clerk Request No: 2024-08-291 Dear Mr. Peckham.: Thank you for submitting your site plan and Request for Approval to Brendan during your meeting on 8/4.A copy of that request is enclosed,herein. A-Pproyal Peons Land Trust approves the following once any and all other required regulatory approvals have been obtained: 1. Construct a 2,Vx62"barn located within the development area as shown on the proposed site Plan. If any of the plans enumerated above are modified for any reason,please submit a separate request detailing the changes. We thank you for your cominunication and cornrnitment to uphold the conservation values protected by the Easement. Please reach out to Brendan Minogue with any questions you may have. This letter is without prejudice to Peconic Land Trust's rights and remedies, all of which are hereby expressly reserved. Sincerely, 4 Brendan Minogue Stewardship Manager Enclosures: Site Plan and Request for Approval 296 Hampton. Road I PO Box 1776 1 Southanipton NY 11969 Phone, 631.283.3195 Fax: 63-1.283.0235 www.Peconicl.andTrust.org ry 45 ELL)W wOUSES WVA IF L r,REE ,R, poem ("'Es (� ICI � \� ... \ (USES 20o, FO`K AVENUE OL 9d CL 22 (PO S 69 4 AREA#2 551 57, 00 22- RESERVE/DEVELOPMENT AREA�A -1. 89,281 .Feet 9 HOm- PROPOSED \,2.05 Acres POLE BARN O oo l - � 0 AREA#2 531,262 S.F.or 12.2 Acres TOTAL g, TAX No. 1000-115-10-01 XO TOWN OF SOUTHOLD Ir FI�RLNIHOF it LU AOJACFNT DEVELOPMENT RIGHTS EASEMENT AREA 426,563 S.F. �A TEST HO DRAWING LIST CURRENT SHEET# SHEET NAME ISSUED DATE REVISION DATE AO TITLE 5HFFT 05/15/24 AO.1 DEMOLITION PLAN 04/011/24 A1_0 FOUNDATION/ML PLAN 04/09/24 86%0121" A1.1 MAIN LEVEL PLAN 04/09/24 54.64, tA 7T A030�E Al 2 ROOF PLAN 04/0-1/24 I9.w 35.12' -7 PROGRESS PRINTS yg:g:20 9 A 1-5 FRAMING PLANS 04/09/24 A2.1 EXTERIOR ELEVATIONS 04/all/24 NOT FOR CONSTRUCTION 200 A5.1 BUILDING SECTIONS 04/09/24 A4.1 WALL SECTIONS 04/0-1/24 RESERVE/DEVELOPMENT AREA#1B REVISIONS PROPOSED 35'WIDE ACCESS A4�2 WALL SECTIONS 04/0q/24 AREA#2U 25,967 S.F.S,F. NO nFri',;ZIPTIQN IS LOT A5.1 DETAILS 04/09/24 4 w EGG-1 ENE96Y CODE 04/0,1/24 AG.STRUCTURE AREA `� i. FCC-2 ENERGY CODE 04/01/24 104486 Sq.Feet 2.40 Acres LLI 35' 'e 0 0 m BUILDING GOREr,>ATA 0 w w TAX MAP# 1000-1 15-10-01 AREA#1 A LOT AREA: -1,2 5 1 S.F.(2.05 AC) ` I — _ - �\ u� MUNICI PAL ZONING CODE: CODE OF THE TOWN OF SOUTHOLD ISSUED 05/15/24 BUILDINC,CODE: 2020 RESIDENTIAL CODE OF NEW YORK STATE ENERGY CODE: 2020 ENERGY CONSERVATION CONSTRUCTION CODE OF NEW YORK STATE(2020 FCCCNY5 RESIDENTIAL PROVISIONS) ' e MUNICIPAL ZONE: R-50 7 FEMA ZONE: X, 0 'T USE: R-SINGLE FAMILY PYiFLLINC, 4180 NEW 5UFFOLK CONST_TYPE: TYPE 5-B 4 150 NEN SUFFOLK AVE RESERVE/D VELOPMENT AREA#lB v v PROPOSED WIDE ACCESS RESERVE/DEVELOPMENT AREA#113 S PE510N METHOD: PRESCRIPTIVE AS PER: MATTITUCK,N( • 2.022 S,F, PROPOSED 35'WIDE ACCESS .77. 56A HIGH lNIN01 F-01710N AF4FA WOOD FRAME CONSTRUCTION (USES WO MANUAL FOR ONE AND TWO FAMILY UA OkNELLIN65 -IT" TITLE SHEET 5 91�z 1, (USE LL V) t4G mfm 1'",W e S 7W4716' C!%N M (USE RESERVE/DEVELOPMENT AREA#18OtyfC11eNO DESIGN LOADS: LIVE PFAP TOTAL MARK G.MATTHEkN5 USE LOAD MIN. LOAD LOAD UNINHABITABLE ATTICS AITHOUT 5TORArE: 10#/5F 10#/5F 20#/5F ARCHITEr.,TURE,ff.0. UN HABITABLE ATTIC5 WITH LIMITED STORAGE: 20#/5F 10#/5F 30#/5F HABITABLE ATTICS WITH 5FR\/FP W/FIXED STAIR: 50#/5F 10#/5F 40#/5F 54 HAMPTON ROAD BALCONIES(EXTERIOR)AND PFC<5: 40#/5F 20 4 10#/5F 60 4 50#/5F 5OUTHAMf'TON,N.Y.1 1 Ile,5 6UARDRAIL5 AND HANDRAIL-5- 40#/5F 10#/5F 2 10#/SF f-((o31)253-5&4-7 F:(&31)255-5qE54 GUARD IN-FILL COMPONENTS: 200#/5F 10#/5F 60#/5F EMAIL:officepmatthaw5architect.corn BUILDING FLOOR AREA PA55ENOER VEHICLE rARA&FS: 50#/5F 50#/5F 1 CO#/5FS: ROOMS OTHER THAN SLEEPING ROOMS: 40#/5F 15#/5F 55#/5F C,LIMATIC,AND 6E06RAFH1CAL DESIGN C RITERIA EXISTING PROPOSED 5LEEPINC,ROOMS: 30#/SF 15#/SF 45#/5F DRAWN BY: STAIRS: 40#/5F 15#/5F 55#/5F GROUND WIND OES16N SEISMIC SUBJECT TO DAMAGE FROM V411STER OF SHIELD FLOOD AIR FREEZIN& MEAN M.L.ADDITION: 46 5F ROOFS: 25#/5F 20#/eF 45#/5F &IN SNOW SPEED TOP06RAPHIC SPECIAL WIND WIND-BORNE DESIGN FF-05T DESION UNPERLAYMENT HAZARDS INDEX ANNUAL MAIN LEVEL: b-io SF EXIST-MAIN LEVEL: all 0 FIF LOAD (MPH) EFFECTS REGION DFR.15 ZONE CATEGORY Y\EATHERIN& DEPTH TERMITE TEMP. REQUIRED TEMP TOTAL: 5qO BF TOTAL PROPOSED: q3&5F LUMBER NOTES: 20 F5F 130 EXP-r_ NO NO YES 5(11) SEVERE 3'-0" MOD./HVY. 11 YE5 FEMA 200q 510 50.5 L.L.STORAGE: 250 5F EXIST.L.L.STORAGE: 250 SF FRAMING LUMBER TO BE DOU&LA5 FIR STRUCTURAL OR NO.2 AND BETTER SCALE: O I PROF.M.L.COVERED PORCH: 2 14 5F LVL TO BE TRUSS JOIST OR EQUAL A5NOTEP ( V T oN E�M�VN�T THIS DEED here�r�atr�cfer�ce to this F CONSERVATION EASEMENT , � cue�i t 1 July, `` f tx ve -,,,Conservation aSe .ei�.t'� �"'Easement")1 III at " , at southampton,New -r , by ID11C-Land LLCielaa-re'Lllte Liihty • Suffolk Avenue,�lattiil ,N Yak,a Company,ha -in a principal office at 4 0 New , a mailing address of 32 Main Street Suite 2 A,Chathain,New York 12 037 (herein called "Grantor" and,-'Original Grantor"), and the PECONIC LAND TRUST,INCORPORATED, a not-for-profit New York r1corporation, avin ricipal office at 296 Hampton Road,P.O. Box 1776, Southampton,New York 119 (herein called"'Grantee"). RECITALS AREAS Grantor is the sole owner in fee simple of approximately 14.94 acres of certain real property ro located in the Town of Southold, Suffolk cotu ,New Cork, more fully described in SCHEDULE A attached hereto and made a part hereof(hereinafter referred to as the "'Pro er ") and depicted on the Conservation Fasement Map marked EXHffliT A attached hereto and made a part hereof; and WHEREAS, Original Grantor was awarded the opportunity to purchase the Property Based on a Request for Proposals selected by Grantee,wherein rigmr al Grantor oudin d its proposal to conduct traditional terrestrial agriculture and aquacult r ,including the associated structures and facilities needed to conduct such activities, and purchased the Property in reliance thereof; and WHEREAS, the Property is free of any mortgages or liens and Grantor possesses the Wight to grant this Easement;and WHEREAS, the Property i is located in fhe R- o Zoning District of the To n of Southold as outlined in Section -S of the Town Code and is further identified as S TM # l oo^11 . -moo-on oo ; and WHEREAS, Lhe Property contains thyee distinct areas, all as shown on EXHIBIT A: I appro ]-matel r 12.1936 acres "Ar a- " , which is subject to a Deed of Development Rights Easement or I RE, as defined and further described below, and which contains an approximately 2.3986-acre agricultural structure area hereinafter referred to as the "Agricultural Structure Area"' as depicted on the Conservation Easement Map narked EXHIBIT A; 2 an approximately 2.0496-acre development area contamn?ng a shngle-family dwelling and a detached garage (hereinafter referred to as "'Area-IA"), which,pursuant to the E RE, is un-subdi.vidable from Area- ; an approximately o. 9 o-acre development area located along the eastern and southern edge of the Property (herein after referred to as "'Area- 1 'a),which may be subdivided from Area-2 and Area-IA; and WHEREAS, .Area- 'is subject to a Deed of Development lopment Rights Easement " RP" purchased by the Town of Southold on June 28, 2022, and recorded in the office of the Suffolk County Clerk on July 20, 2022, in fiber 13165 Page 584,that extinguished the residential development rights on Area-2 of the Property to preserve and protect the agricultural soils and to keep the property available for agricultural production and scenic open space; and WHEREAS, Grantor now wishes to grant this overlay Conservation Easement to Grantee on the subject Property; and WHEREAS, this overlay Conservation Easement will further restrict the Property by prohibiting or restricting, as further provided herein, the use of the Property fora cell phone or other wireless cone unication towers or antenna; (b) a tasting room, as further defined herein, c a cannabis dispensary; or d landscape screening for purposes not directly related to agriculture along the New Suffolk Avenue public roadway, Marratoo a Road public roadway, and along Lupton Pt. Road from 1 larratool a Road eastward 223.91 ft., all of which serve to preserve and protect the agricultural soils and keep the property available for agricultural production and scenic open space, all as more particularly described herein; and WHEREAS, this overlay Conservation Easement will also restrict the Property by prohibiting the use of the Property for a indoor horse riding facilities or rinks; b the cultivation of cannabis; c large-scale greenhouses with permanent foundations,except in the Agricultural Structure Area; all of which serve to preserve and protect the agricultural soils and keep the Property available for agricultural production and scenic open space and all as further provided herein; and WHEREAS, Area-2 of the Property is currently fallow agricultural land; and WHEREAS, the Property possesses significant natural, scenic, and open-space values (collectively, the Property" "Conservation Values") of great importance to Grantor, Grantee, and the people of the flown of Southold,Suffolk County and Mate of NewYork; and WHEREAS, the Conservation Values are protected by this Easement for the following: A. Preservation of open space for the scenic edo ment of the eneral Li the which yields swojifficant ublic benefit. Protection of the Property's open space through this 2 Easement will be for the scenic enjoyment of the general public and will yield significant public benefit, for the following reasons: (1) the Property is unique to the area in its current scenic, agricultural and open-- space condition and has substantial and significant value as an aesthetic and agricultural resource because of the fact that it has not been subject to any extensive development while surrounded by increasing development in a sprawl pattern with limited conservation, such that the Property's scenic open space values are increasingly unique to the area; and (2) the property has 796.71 feet of road frontage on New Suffolk Avenue, a public road which offers the public significant, scenic vistas from a public highway of and across the Property. B. Preservation of open space pursuant to clearly delineated i4ovemmental conservation oliwhich yields si ri is nt vublic benefit. protection of the Property through this Easement will be for the preservation of open space pursuant to clearly delineated governmental conservation policy which yields significant public benefit,for the following reasons: Agricultural Policies (1) the Property contains soils classified as Class I and Class lI worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service`s Soil Surrey of Suffolk County, New vYork; and (2) the Property is located in Southold Town, which, according to Article 70-2 of the` 'own Code, recognizes the importance of agriculture as both a vital local economic base and as a land use that provides the'Town of Southold with much of its rural, rustic character and charm. The continued Friability of farming as an industry is important to the local economy and to the preservation of open space and vistas.The Code of the Town of Southold provides for and acknowledges for enhancing the vitality of the local agricultural industry, the purchase of development rights over agricultural lands. (3) the Property is part of the New York State Agricultural District 41, and Grantor wishes to continue using Area-2 in an agricultural capacity and as scenic open space as defined in the Town of Southold Code pursuant to such program; and (4) the Property is part of the New York State Agricultural Individual Commitment Program, and Grantor wishes to continue using the property in an agricultural capacity and as scenic open space pursuant to such program; and State Legislation (1) New York State has recognized the importance of private efforts to preserve land in a scenic,natural and open condition through conservation easements by enactiment of the Environmental Conservation Law, Section -o o1 et seq.; and (2) Article 14, Section 4 of the New York State Constitution states that"the policy of this Mate shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products"'; and United States EPA Peconic Estuary Program (1) the Property is part of the Peconic Estuary System which was included in the National Estuary Program by determination of the United States Environmental Protection Agency on September 9, 1992, as a "nationally significant estuary.{ and WHEREAS, Grantee is a publicly supported nonprofit charitable organization under Section 501 c of the Internal Revenue Code of 1986, as amended (the "'Code"), and the regulations promulgated thereunder and incorporated under the Not-For-Profit Corporation Law of New York Mate for the purpose of conserving and preserving the unique agricultural, environmental, scenic and open-space values of lands located in New York Mate, and is 'therefore a 'f qualified organization" Within the ineamm�g of Section 1 o h)(3) of the Code;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 Mate and inherent,tangible and intangible Conservation Values of the Property as an agricultural, natural, scenic and aesthetic resource; and WHEREAS, Grantor has determined that the conveyance of this Easement will be desirable and beneficial and has requested Grantee, for itself and its successors and assigns, to 4 accept this grant of a conservation easement in order to further restrict the development of the Property while permitting uses compatible with the protection of the Property's Conservation Values, all as further provided herein. AGREEMENT ENT NOW, THEREFORE, in consideration of the recited facts,mutual promises, undertakings, and forbearances contained in this Easement and other valuable consideration, but as a donation nonetheless, Grantor hereby voluntarily conveys Mn perpetuity to Grantee, and Grantee hereby accepts,this Conservation Easement over the Property pursuant to the New York Environmental Conservation Law, Section -0301 et seq., the parties intending to be bound by its terms: .oi_Pur p se The parties recognize the Conservation Values of the Property and have the common purpose of preserving these Conservation Values in perpetuity.The primary purposes of this Conservation Easement are to preserve and protect in perpetuity the scenic, open space, and agriculturod Conservation Values of the Property, including by preventing uses of or activities n the Property that will interfere with or materially impair the Conservation Values of the Property(the "Pri-nary Purpose"). To the extent that the preservation and protection of any other Conservation Values of the Property are consistent with the Primary Purpose,it is also the purpose of this Conservation Easement to preserve and protect those Conservation Values in perpetuity. All of the foregoing purposes described in this paragraph are referred to collectively as the"'Conservation Purpose" of this Conservation Easement. Accordingly, this Conservation Easement restricts the use of the Conservation Property to uses and activities that are consistent with the Conservation Purpose and other terns of this Conservation Easement. 0.02 Grantee's Warrau Grantee warrants and represents that it possesses the-resources and commitment to enforce the terms of this Easement on the Property, and that the Property satisfies the criteria adopted by Grantee relating to the duality and characteristics of open lard whose conservation values should be protected and maintained, as determined by the board of Directors at a duly constituted meeting of that Board on November 21, 2022. 0.03 Documentation Grantor has made available to Grantee sufficient documentation to establish the condition of the Property as of the Effective Date of this Easement. In order to aid in identifying and 5 documenting the condition of the Pr eM's natural, wildlife,watershed, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's Conservation values as of the Effective 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 cooperation, an inventory of the Property's relevant features and conditions (the '}Baseline Documentation") as of the Effective Date hereof. This Baseline Documentation includes a Conservation Easement Map marked EXHI iT A attached hereto, a copy of the NR S PIm for the Property, an aerial photograph, photographs of the Property, a topographical map, a description and site plan of land uses, features, and structures, and an acknowledgment page signed by Grantor and Grantee, which verifies that the Baseline Documentation accurately represents the condition of the Property as of the Effective Date of this Easement. Copies of the Baseline Documentation shall be retained safely by Grantor and Grantee. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of Grantor's uses of the Property or its physical condition as of the date hereof,the parties shall not be precluded from utilizing any other relevant or material document,survey,report,photograph, or other evidence to assist in the resolution of the controversy. ARTICLE ONE THE EASEMENT 1.01 TyRe This instrument conveys a conservation easement in gross under the provisions of Article 49, Title 3, of the Environmental Conservation Law of the State of New York. This Conservation Easement shall consist of the covenants,restrictions, rights,terms, and conditions recited herein_Deference to this ,}Easement,{' .'Conservation Ea e en-C" or it "Provisions" shall include any and all of those covenants,restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and shall run wiffi ffie Property r in perpetuity. 1.03 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and skull extend to and be i-ndmng upon Grantor, Grantor's agents,tenants, occupants,heirs, personal representatives, successors and assigns, and the word "Grantor" when used herein shall include all of those p eirsms or en-tities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of Grantee's subsequent 6 permitted agents, successors, and assigns, and the word "'Grantee}. when used herein shall include all of those persons or entities. ILIA TWO PROHIBITED AND PERMITTED DBEs AND ACTIVITIES Grantor retains all customary rights of ownership in and possession of the Property, except as expressly limited by applicable local, state and federal lave and by the terms of this Easement,and provided that the exercise of any permitted uses and activities shall be conducted in such a maruner that is not inconsistent with the Purposes of this Easement and does not impair the Property's significant Conservation Values. .01 Buildinza and Structures Except as provided in this Section 2.01,the construction or placement of any residential, commercial,industrial or other building, structure, or improvement of any bind or nature (including,but not limited to mobile homes,tiny houses, and trailers),whether perrnanent or temporary, on, over, or under the Property is prohibited. A. Residential Structures and rrnprovernents (i) Existing and new residential structures and improvements and appurtenant structures and i provements associated with serving any such residential dwellings, and permitted uses allowed under applicable zoning, iuclu ding, without limitation, utilities, driveways, docks and other marine-dependent structures related to Grantor's riparian rights, garages, storage sheds, septic systems and leaching fields, swm' unmg pools, pool houses, accessory apartments,tennis courts, and other family-scale athletic facilities, may be placed, constructed, repaired, maintained, reconstructed, and enlarged within Area-1A only and subject to all applicable lags and permits. (ii) with the prior writfen approval of Grantee, agricultural worker housing to provide housing for on-f aria labor may be placed, constructed, repaired, maintained,reconstructed, and enlarged within Area-1A or the Agricultural Structure Area, subject to New York Agriculture and Markets Law article -AA, 301, and§30 -a, and all other applicable laws and permits. Non-Residential (Accessory) Structures and Improvements With the prior written approval of Grantee, which shall not be unreasonably withheld except as otherwise expressly stated below, or where expressly stated that no such prior written approval is required, Grantor shall have the right to erect and maintain the following improvements on the Property: (i) .Agricultural,land--based aquacTulture, and mariculture buildings, structures and improvements,including but not limited to farmstands,barns,sheds and silos, wlthin the Agricultural Structure Area and.Area--1.A subject to Tow.code, and customary agricultural fencing on the Property as necessary for the agricultural uses of the Property;provided,however, that I Grantor may constrruct only one stable to house four horses or other members of the equine family) or fewer on the Property and only within the Agricultural Structure Area; II ino individual agricultural, land-based aquaculture, and rnarioulture building, structure or improvement may exceed 3,000 square feet of building coverage, subject to such height limitations as are imposed under Town Code,without Grantee's prior written approval in its sole and absolute discretion; and (III) any agricultural, land-based aquaculture, and rnari.culture building, structure and improvement must implement reasonable sound- and light-reduction measures,such as regular hours of operation whenever possible and feasible, dark-sky compliant fighting, and compliance with Town of Southold noise ordinances, to minimize impacts to neighboring landowners; (1-1) Access drives,to provide access to the buildings and structures permitted by this Article; (ill) Underground or aboveground facilities, such as utility transmission lines,utiht r poles, wires, pipes, wells, drainage systems, sumps, septic systems,leaching fields, and other facilities to service the improvements permitted under the terns f this Paragraph B. Grantee's approval of a proposed u' nprovemeut described in the previous sentence shall not be unreasonably withheld where the improvement is to he used for agricultural or other purposes permitted under the terins of this Easement or to control flooding or soil erosion on the Property. Utilities on the property must, to the extent possible,be constructed withim,30 feet of the centerline of roads or driveways, and may be used solely to service those structures,buildings, improvements and uses permitted on the Property by this Easement. Solar,wind,.or other alternative energy facilities to service-those structures, buildings, improvements and uses pe=itted on the Property may he 8 constructed within the Agricultural Structure Area and Area-1 A so long as such facilities do not adversely impair the Conservation values of the I?roperty. Div) Customary agricultural fencing is permitted without Grantee's prior written approval; other fences may be constructed with Grantee's prior written approval, provided such non-agricultural fences are placed and constructed so that they do not block or detract from the scenic view of the Property along New r Suffolk Avenue, I arratooka Load, and Lupton Pt Road. Notwithstanding the foregoing, Grantor may install access gates as needed on the Property without Grantee's prior written approval. Any improvements that'would block or detract from the scenic view of the public in Area , such as fences, berms, or hedgerows, must be demonstrated to be a necessary component of the Conservation Ilan as outlined in Section 2.04 hereof, and are subject to applicable governmental regulations and approvals. Notwithstanding the foregoing,the following non--residential structures and improvements are strictly prohibited: W Indoor horse-riding facilities, arenas, or rinks or any other equestrian facility (other than one stable to house four or fewer horses as descried above): (ii) A ".tasting room,""meaning a structure or facility intended to promote the -site consumption of products grown on or off the Property onsite e.g., a winery or brewery, food truck, cannabis dispensary, etc.). This prohibition,however, shall not prohibit the seasonal purchase r the di minimis testing of such products prior to purchase) during posted regular daytime business hours,by customers of agricultural products grown or processed on the Property, such as corn, "u- pick" berries, or shellfish; (iii) cell phone or other wireless communication towers or antenna,unless such improvement is placed on a permitted structure and otherwise in a manner that does not impair the scerdc or other Conservation values; (ivy Greenhouses, including hoop house,high tt=el, inter-over house or the like, having heating devises,water and electric utilities, and/or supporting poles embedded in a concrete foundation, except within the Agricultural Structure Area;provided, that temporary low-tunnels i.e., frost or shade cloth placed over crops temporarily to protect from frost or heat) are permitted; (v) Landscape screening for purposes not directly related to agriculture, except within and along the boundaries of Area-I and Area-IA for customary residential privacy, as further described in the Baseline Documentation. 9 C. Replacement of Structures or Improvements In-Kind In the event of destruction, damage, or obsolescence of any existing or expressly permitted structure or improvement to such an extent that repair of such structure or improvement is impractical, erection of a replacement of comparable size,bulk,use, and general design to the destroyed or a-m ged structure or u* nProvernent is permitted ithin the same location subject to the prior written approval of Grantee,which approval shall be granted as expeditiously as possible under the circumstances but in any event within the time periods provided for Grantee's response in Article Three below. D. Environmental Sensitivity During construction The location and use of any structure or improvement permitted to be constructed hereunder shall be consistent with the Conservation Purpose, and construction of any such improvement shall r i e disturbance to the Conservation Values and other natural resources of the Property. Grantor shall employ erosion and sediment control measures to ensure that storm water runoff will not carry eroded and other deleterious materials into Deep Hole Creek or other wetland areas),including but not lirruited to employing the least possible removal of vegetation, minimal movement o earth, and minimal clearance of access routes for construction vehicles. 2.02 Excavation and Removal of Materials;Minim n Mineral exploitation, and extraction of any mineral.(including but not limited to soil, gravel, sand and hydrocarbons) by any method, surface or subsurface, is prohibited. Grantor shall not remove or fill topsoil, sand, or any other materials,nor shau the topography of the Property be changed except in connection with the construction and maintenance of any stricture or improvement expressly permitted to be placed or constructed on the Property under the terns of this Article Two. Grantor may remove topsoil, sand or other material.s for purposes of erosion control and soil management ordy with the prior written approval of Grantee. .o ubdivision For purposes of this conservation Easement, the Property is considered one parcel in unified ownership. Grantor shall not subdivide, defacto subdivide,partition or seek the partition, or otherwise divide the Property into separately conveyable parcels, except Area-1 , which may be subdivided and sold separately from the Property as a whole. 10 2.04 Agricultural Activities Grantor shall have the right to engage in any and all types of agricultural activity as that term is defied in Section 301 of the New York State Agriculture and Markets Law, provided that such activity shall be conducted in accordance with the Conservation Purpose and other terms and conditions of this Easement. Agricultural improvements, as permitted by Section 2.01 above, and as may be reasonably necessary in connection with agricultural uses, may be constructed by Grantor with the prior written approval. of Grantee, and— once constructed—may be maintalned or replaced. Totwithstandmng the foregoing, the equestrian use of the Property,including buildings and accessory structures designed and used for the breeding, raising, train g, or stabling (other than one stable to house four or fewer horses and other members of the equine family), as either a co xnercial or noncommercial enterprise as defined in the Code of the Town of Southold, is prohibited. All agricultural operations on the Property shall be conducted in a manner consistent with a resource management system conservation plan(,`conservation Plan")prepared by the Natural Resources conservation Service "'N " utilizing the standards and specifications of the NRCS locahzed Field office Technical Guide_A copy of the Conservation Ilan,and subsequent updates and amendments thereto, shall be delivered to Grantee for its review and approval within ten (10) days of Grantor"s receipt of such Ilan from NRCS. .05 Available for Agricultural Uses Grantee shall keep Area-2 (other than the Agnicultural Structure area) as open space or available for agricultural use. Should the Area-2 not be utilized for the agricultural production, such area must rema as open space and available for agricultural use and shall be mowed at least once annually to contribute to the ubhc's scenic enjoyment and the Property's agricultural viability. Any such moving shall be undertaken in a manner that does not n' n it Conservation Values. .06 Dum. The dumping or accumulation of unsightly or offensive materials, including but not limited to trash, garbage, sawdust, ashes or chemical waste, on the Property is prohibited, including but not limited to the deposition of materials used on the Property for, or resulting from the conduct of, agricultural practices in accordance with Section 2.04 hereof within Area- , such as commercial compost or manure operation. U-ds prohibition does not include the accumulation of refuse cident to customary residential use that is collected within Area-1A and Area-1B and removed at regular intervals. 1�. 2.07 Sgns The display of signs,billboards,or advertisements is prohibited, except signs whose placement, number, and design do not significantly diminish the scenic Conservation Values of the Property and only for any of the following purposes: a to state the name and address of the Property and the names and addresses of the occupants;(b) to temporarily advertise the Property or any portion thereof for sale or rent; c to post the Property to control unauthorized entry or use; d to announce this Conservation Easement;or to advertise the name of the agricultural operation and business. Any permitted sign shall not be more than six square feet in size,be non-illuminated, and be subject to govenu ental regulatory requirements. 2.08 Cuttingof Timber The cutting or harvesting of existing trees on the Property with Area-2 is prohibited, except for the following poses. a to clear and restore forest cover that has been darnaged, diseased or destroyed; b to prune and selectively thin trees to create limited vistas in accordance with good forest management practices and the purposes of this Easement; c to construct and maintain those structures and improvements permitted under thisEasement; d for agricultural activities and uses, including but not limited to the growing and harvesting o nursery stock; e to clear the Property for agricultural purposes in the future if the Property has lain fallow and was allowed to become wooded; to remove hedgerows according to the NRCS conservation Plan for agricultural land that has been taken out of production for a period of two years; g for firewood and fencing for use on the Property; and h to remove hazards to persons or to the Property. 2.09 Soil and Water Any use or activity that is not otherwise expressly or conditionally pen itted under this Easement,which causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters, is prohibited. .1.0 Wetlands and/or Stream Buffer The draining, fillet' g, dredging, or diking of any wetland areas, including any enlargements thereof, or the cultivation or other disturbance of the soil near wetland or wetland-like areas is prohibited without the prior written approval of Grantee and any and all regulatory approvals_ l2 .11 Ponds and watercourses The alteration of any ponds and watercourses located on the Property or the creation of new water impoundments or watercourse is prohibited without Grantee's prior written approval, which approval will not be unreasonably withheld if the alteration or creation is reasonably necessary for the conduct of sound agricultural activities in accordance with Section .04 hereof. No prior permission of Grantee shall be required to construct a. dock in Area-IA so long as such construction is permitted by all applicable agencies. .2.12 Vegetation Management and Scr non The placement of landscape screening,hedgerows, or any other vegetative screening along or near public roads is prohibited, except screening that is demonstrated to be Treasonably necessary, Incidental, or accessory to the agricultural purposes that are permitted pursuant to the terms of this Easement and withGrantee's prior written approval;provided that such screening is permitted i. within Area-IE along the 40 .o7-foot southern property line between Area-2 and along the approximately 440. -foot southern property line between the three neighborhood lots further described in the Baseline Documentation; and within Area-IE along the .49-foot property hne between Area-2 and a neighborhood lot further described in the Baseline Documentation.At Grantee's request, any such screening for agricultural purposes must be removed if such agriculture ceases or no longer requires hedgero s_ .13 Commercial and Industrial Uses Except for the conduct of those sound agricultural uses described in Section 2.04 hereof and as expressly provided below, commercial and industrial uses of the Property,including commercial recreational uses, are prohibited. The use of the Property for i charitable f mdraisin and-educational activities and h farm tours or"agritourisr " or"agritainmentf# i.e., farm-based entertainment or as defined under Town code,if applicable) and other seasonal agricultural educational and recreational activities, provided that all such activities shall be consistent with the Conserrvation Purpose and subject to ah applicable laws and permits(each, n "Event" and, collectively, "Events");provided,however, that seasonal sales of agricultural products grown or processed on the Property involving customers' temporary entry to the Property to pick up agricultural products and them promptly leaving after purchase shall not be deemed an Event. Parking for such Events shall occur only within Area--1A. and the Agricultural Structure Area subject to the Town Code and shall not adversely impair the Conservation Values.No Event permitted tinder this Section shall involve more than 25 attendees in any one day unless approved in advance by Grantee, which approval shall be in its sole and absolute discretion. 13 Prir written approval by Grantee will not be required for social events of a personal nature involving fever than 25 attendees in any one day hosted by Grantor or the inhabitants of the residence in Area-IA, such as family reunions, birthday parties, staff meals, and other similar private social gatherings, provided that such events shall be consistent with the Conservation Purpose and subject to all applicable laws and permits_ 2.14 Development Rights The use of this Property for the purpose of cakulating lot yield or development density on the Property or any other property, adjacent or otherwise,is prohibited. Grantor hereby grants to Grantee all development rights existing on the Property as of the Effective Date of this Easement(and any future development rights that may he created through a rezoning of the Property or otherwise) that have not been expressly retained or reserved by Grantor under this Easement. By Grantee's acceptance of this Easement, the parties agree that such excess development rights granted by Grantor to Grantee are terminated and extinguished by Grantee and may not he used by Grantor or Grantee nor transferred to any other parcels. ARTICLE THREE NOT10E AND APPROVAL .01 Notice and Approval A. Requests for Approval of Certain Uses or Activities With respect to any use or activity under Article 2 requiring the prior approval.of Grantee, or in the event Grantor proposes to undertake a use or activity that is neither expressly prohibited nor expressly reserved as a permitted use or activity hereby, but which might have a deleterious effect on the Conservation values, Grantor shall, in writing pursuant to section 6-05 below, request Grantee's approval and shall include therewith information identifying the proposed activity and the reasons for and other details of the proposed activity with reasonable specificity.The request for approval shall describe the nature, scope, location, timetable, and any other material aspect of the proposed activity(including,if appropriate,sketch plans or scaled drawings of the site(s) of the proposed activity) in sufficient detail to pen-nit grantee to evaluate such activity. The request shall also include it iormation evidencing the conformity of such activity with the requirements of the applicable section under which approval is requested hereunder. grantee's aparoval shall tale into account the following Criteria: (1) the siste . y of e proposed ed activity with the Conservation Purpose of this Easement; and the extent to which the proposed activity or use of the site for the proposed activity would impair the 14 Conservation values of the Property. Unless otherwise expressly provided herein to be in Grantee's sole and absolute discretion, Grantee's approval shall not be unreasonably withheld, conditioned, or delayed. Grantor and Grantee shall cooperate and shall act in good faith to arrive at agreement on suitable sites and activities in connection with any determinations that are necessary to be made by them either separately or jointly) under this section_ Notwithstanding the foregoing, Grantee's approval of a proposed site or activity shall be withheld if the use of the site for the proposed activity would materially impair the Conservation values of the Property, or would otherwise be inconsistent with the Conservation Purpose of this Easement. Grantor and Grantee acknowledge that,in view of the perpetual nature of this Easement, they are unable to foresee all potential future land uses, future technologies, future evolution of the land and other natural resources, and other future occurrences affecting the Conservation Purpose of this basement. Grantee therefore may,in its sole discretion,approve a proposed use or improvement not contemplated by or addressed in this Easement, provided that such proposed use or improvement is consistent with the Conservation Purposes of this Easement and not deleterious to the Conservation values of the Property. B. Grantee"s Response In accordance with Paragraph A of this section, Grantee shall approve, conditionally approve, or withhold approval of the proposed use or activity within f orty_ five 45 days of receipt of Grantor's written request therefor. Grantee agrees to evaluate Grantor's requests under this Easement based on its good-faith exercise of professional judgment. Notwithstanding the above, if in good faith Grantee requires more than forty- five 4 days to undertake a sufficient and thorough review of the documentation provided, or determines that it requires further documentation, Grantee shall so notify Grantor within the original forty-five day period of the additional time and/or documentation required to respond to Grantor's hereunder. At Grantee's sole and absolute discretion, Grantee may permit conic encernent of the activity less than forty- five 4 days after receiving Grantor's written notice. in the case of withholding of approval, Grantee shall notify Grantor in writing with reasonable specificity of the reasons for withholding of approval, and the conditions,if any,on which approval might otherwise be given. Failure of Grantee to deliver a written response to Grantor within such forty,-fire clays shall be deemed to constitute written approval by Grantee of any request submitted for approval,provided that the proposed use or activity is not contrary to the express restrictions hereof, and whose implementation is.exactly as described in Grantor's notice and would not significantly impair the Property's Conservation vales. 1 ARTICLE F1 GRANTOR'S OBLIGATIONS 4.01 Taxes and Assessments Grantor shall continue to pay aU taxes, levies, and assessments and other g venunental r municipal charges, which may become a lien on the Property, including any takes or levies imposed to male those payments. If Grantor falls to male any such payment, Grantee is authorized to make such payments (but shall have no obligation to do s upon ten i 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 three percentage points over the greatest prime rate of interest allowed by l. . 4.02 lndenD f ication Grantor acknowledges that Grantee has neither possessory rights in the Property nor any responsibility nor right to control,maintain, or keep up the Property. Grantor has and shall retain all responsibilities and shall bear all costs and liabilities of any nature related to the ownership, operation,upkeep, improvement,, and maintenance of the property. Grantor hereby releases and agrees to hold harinle ,ind m nify and defend Grantee and its members, directors, rs, officers, employees, legal representatives, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them(collectively "Inde u-6 ied Parties" from and against any and all liabilities,penalties,fires, charges, costs, losses, dairnages, expenses, causes of action, claims, demands,orders,judgments, or adrra'M'strative actions, including, without Limitation, reasonable attorneys' fees, arising from or in any way connected with: 1 injury to or the death of any person, or physical damage to any property,resulting from any act, omission, condition, or other matter related to or occurring on or about the Property,regardless of cause,unless due solely to the negligent act or Willful misconduct of Grantee or Grantee's members, directors, officers., employees or agents (collectively, '"Grantee Parties"');or violation or alleged violation of, or other failure to comply with, any state, federal, or local lave, regulation, or requirement or this Easement by any person, other than Grantee Parties,in any way affcng, involving,or relating to the Property. 4. 3 Insurance Grantor shall maintain an occurrence-basis connercial general liability policy insuring again t,bodily injury and property damage on the Property in the amount of not less than Two Million Dollars ,000, , which amount shall be adjusted every five years to the nearest 16 commonly available insured amount to reflect the percentage increase during the past five(5) years in the " IPI," which means the United States Department of Labor's Bureau of Labor Statistics Consumer Price Index for all Urban Consumer (CPI-U, all items) 2- =1 oo , or the successor of such index. Grantee shall be named an additional insured on the policy.The liability insurance shall apply as primary insuran e with respect to any other insurance or self- insurance programs afforded to Grantee. Grantor waives all rights of subrogation against Grantee for recovery of damages to the extent the damages are covered by insurance maintained by Grantor pursuant to this Easement Grantor shall furnish Grantee with certificate(s) of insurance,executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth above,upon Grantee's reasonable request. Such certificates shall provide for thirty o days' written notice to Grantee prior to the cancellation or material change of any insurance referred to herein. Any failure of Grantee to demand such certificate or other evidence of Bill compliance with these insurance requirements or failure of Grantee to identify a deficiency from evidence that is provided shall not be construed as a waiver of Grantor's obligation to maintain such insurance. The foregoing insurance requirements do not replace, waive, alter or limit the hold harmless or indenuuficati n provisions of this Easement, and Grantor acknowledges and agrees mat it shall be fully responsible for the costs of any bodily inj .ry and property damage on the Property in the event of any lapse or deficiency Ln insurance coverage. 4.04 Environmental Res on ibilities Grantor I es Qnsible for the Pro ert . Grantor is solely responsible, and Grantee has n responsibility, for the operation of the Property or the moni.to=' g of hazardous or other conditions thereon. lotting jn this Easement shall be construed as giving any right or ability t Grantee to exercise physical or managerial control of the day-to-day operations of the Property y or of Grantor's activities on the Property. Neither Grantee nor its agents shall be liable to the Grantor or other person or entity in connection with consents given or withheld or in connection with any entry upon the Property pursuant to this Easement. Grantor's Environmental Warranty and Indempi . Grantor represents and warrants that it has no actual knowledge of a release or threatened release of any Hazardous ardous Materials as defined below) on the-Property and hereby promises to hold harmless, defend and in e nffy the Indenmifted Parties from and against all liabilities,penalties, fines, charges, costs, losses, damages, expenses, causes of action, claims, demands, orders,judgments, or administrative actions, .in ludmng, without limitation,reasonable attorneys' fees, arising from or connected with the presence of or any release of Hazardous Materials on the Property by any party other than Grantee Parties or violation of federal., state or local Environmental Laws as defined below). 17 This Easement is not intended to and shall not create e vi onmental liability in Grantee. Notwithstanding nding any other provision herein to the contrary, the parties do not intend this Easement to be construed such that it imposes on, creates in, or gives Grantee: (1) the obligations or liability of are"owner"" or`'operator" as those words are defined and used in Environmental Laws,including, without limitation,the Comprehensive Environmental Response, Compensation and Liability.Act of 1980, as amended U.S.C. Section 9601 et seq., and hereinafter" ER L " ; (2) the obligations or hab' 'ter of a person described in42 U.S.C. Section 7 a or (4); (3) the obligations of a responsible person under any applicable En ixonmental Laves; (4) the right to investigate and rex ediate any Hazardous Materials,,s, associated with the Property;or (5) any control over Grantor's abiht r to investigate, remove, reined iat , or otherwise clean up any Hazardous Materials associated with the property. `the term"'Hazardous us Materials"' includes,but is not hrm'ted to, i material that is flaxnmable, explosive, or radioactive; ii petroleum products; and in" hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials, includm- g but not limited to those defined in CERCLAI, the Hazardous Materials Transportation Act U.S.C. Section 101, et seq.),New York Environmental Conservation Law N-Y E L 27R 1 , or any other Environmental Law, and in the regulations adopted and publications promulgated pursuant t then,or any other applicable federal, state, or local laws, ordinances, rules, or regulations now in effect or enacted after the Effective Date_For purposes of this Easement berbicides,pesticides, and crop protectants shall not be considered Hazardous Materials,provided they are applied i a manner consistent with applicable law and agricultural best practices, such as an NR S plan. The term "'Environmental Laws"includes, but is not limited to, any federal,state or local or administrative agency statute, regulation, rule, ordinance, order or requirement now axe effect or enacted after the Effective Date of this Easement relating to pollution,protection of human health,the environment, or Hazardous Materials. 1 ARTICLE FIVE GRANTEE'S RIGHTS. .01 Entry and Ins-pection Grantee and its employees, agents, and contractors shall have the right to enter upon the roperty for the purpose of inspection and monitoring to determMi e whether this Easement and its Conservation Purpose and other provisions are being upheld. Except in cases where Grantee determines, in its reasonable discretion, that mediate entry is required to investigate a use or condition on the Property in order to prevent, terminate, or mitigate a violation or potential violation of the terms of this Easement, such entry shall be permitted only at reasonable time and upon prior notice to Grantor and shall he made in a manner that will not unreasonably interfere with Grantor's use and quiet enjoyment of the Property. Grantee shall not have the right to permit access upon the Property by the general public. 5.02 Protection and Restoration Grantee shall have the right to identify,preserve, and protect in perpetuity the Conservation Values of the Property, including, but not limited to,by means of review and approval of improvements and activities as set forth in Article Four alcove, Grantee shall have the right to prevent any activity on or use of the Property that is inconsistent with the Conservation Purpose or other provisions of ffds Easement and to require Grantor to restore such areas or features of the Property that may be damaged by any inconsistent and/or unperrnitted condition, activity or use and to enforce these rights by any action or proceeding that Grantee may reasonably deem necessary. In addition, Grantee shall have the-right to enter the Property to conduct, at Grantor's expense, annual mowing in the event Grantor fails to do so pursuant to its obligation in Section 2.05 above.However, Grantor shall not be liable for any changes to the Property resulting from causes beyond Grantor's control., including,without limitation,fire, flood, storm, earth movement or other acts of nature,unauthorized acts of unrelated third parties so long as reasonable steps had been taken to prevent trespass, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant Mi ury to persons,property, or to the Property resulting from such causes. 5.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee`s remedies at later for any violation of this Easement may be inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee at law or in equity,in the event any breach, default or violation of any terra, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured wiffiin fifteen 1 days of Grantor's receipt of Gran-tee" notice of 1 such breach, default or violation, or in cases where more than 15 days is reasonably needed t effect a cure a bonafide attempt has not been begun by Grantor wig such 15tday period (which notice and cure requirements are 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 Conservation Values or otherwise to further the Conservation Purpose of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (a) To institute a snit to enjoin r cure such breach, default or violation by temporary rid/or permanent injunction and/or to require the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto; (b) To enter upon the Property to verify,Mnvestigate, document,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,- and/or (C) To seek or enforce such other legal, equitable, and/or administrative relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terns, conditions, covenants, obligations ns and Conservation Purpose 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. Grantee's remedies described in the section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Grantor also acknowledges that a violation of this Easement may result in fines, fees, takes, and/or ether administrative remedies being assessed and/or sought against Grantor by taking or other authorities,inclu M* g but not limited to the Town of Southampton, and that Grantee may opt, in its sole discretion, to report a violation of this Easement to such admu' strative authorities. Grantor shall pay,either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses (collectively, "Litigatim Expenses") incurred by Grantee m connection with any proceedings initiated under this section. Litigation Expenses include,but are not limited to,those Litigation Expenses incurred by Grantee in the event Grantor or anyone acting by, through,under, or on behalf of Grantor, commences litigation against Grantee to enforce any ghts hereunder or to dispute any action or inaction of Grantee, 2 to enforce any alleged duty or obligation of Grantee hereunder, or to seek damages or specific performance against Grantee, except in the event Grantee is finally determined by a court of competent jurisdiction, beyond right of appeal, to have acted in a manner that is contrary to the terms of this Conservation Easement and to have failed to exercise reasonable judgment(except in those circumstances of which Grantee is given sole and absolute discretion as expressly provided herein),taking into account the Conservation Purpose of this Easement and the circumstances of which Grantee had actual knowledge at the relevant time. ra-ntee shall not be considered to have failed to exercise reasonable judgment as aforesaid solely based on the fact that Grantee did not or does not prevail in such legal proceedings or that Grantee is determined to have adopted an interpretation of this Conservation Easement not accepted by the court. 5.04 No Waiver Grantee's exercise of one remedy or relief under this Article Five shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay an 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. 5.05 Mediation If a dispute apses between the parties concerning either party{ compliance with the terns of this Easement,either party may refer the dispute to mediation by request made in writing upon the other.tf both parties agree to mediation aria written notice, and prodded that Grantor agrees not to commence, or to cease(as applicable),the activity during the pendency of the mediation, within thirty days of the receipt of such a request,the parties shall select a single trained and impartial mediator. If the parties are unable to agree on the selection of a single mediator,then the parties shall,within fifteen 1 days of receipt of the initial request, jointly apply to the American Arbitration Association for the appointment of a trained and impartial mediator with relevant experience in real estate and conservation easements. Mediation shall then proceed in accordance with the f llo ing guidelines: (a) Purpose. The purpose of the mediation is to: i. promote discussion between the parties; ii assist the parties to develop and exchange pertinent information concerning issues in the dispute; and iii assist the parties to develop proposals that will enable therm to arrive at a mutually acceptable resolution of the controversy. The mediation is not intended to result in any express or de facto modification or amendment of the te=s, conditions, or restrictions of this Easement. (b) Participation. The mediator may meet nth the parties and their counsel jointly or ex parte.The parties agree that they will participate in the mediation process in good faith 21 and expeditiously, attending all sessions scheduled by the mediator. Representatives of the parties with settlement authority will attend mediation sessions as requested by the mediator. (c) Confidentiality. All information presented to the mediator shall be deemed confidential and shall be disclosed by the mediator only with the consent of the parties or their respective counsel.The mediator shall not be subject to subpoena by any party.No statements made or documents prepared for mediation sessions shall be disclosed in any subsequent proceeding or construed as an admission of a pa - (d) Time Period. Neither panty shall be obligated to continue the mediation process beyond a period of ninety clays from the date of the selection or appointment of a mediator or if the mediator concludes that there is no reasonable likelihood that continuing mediation will result in a mutually agreeable resolution of the dispute. (e) Costs. The cost of the mediator shall be borne equally by Grantor and Grantee; the parties shall bear heir own expenses,including attorneys" fees, individually. .O A.ssibl 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 tern "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 Corl Environmental Conservation Law, and is a qualified organization within the meaning of Section 17 h of the Code, and which is organized or operated primarily or substantially for one of the conservation purposes specified in Section 17 h of the Code. Any assignment by Grantee must require, and the Assignee must agree, that the Assignee and Assignee's successors will carry out the Purposes of, and enforce, 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. Grantee shall promptly notify Grantor of any such assignment. ent. . 7 Succession If at any time Grantee is unable to enforce this Easement, or if Grantee ceases to exist or ceases to be a qualified organization under Section 17 h of the Code, then this Easement shall be vested in such qualified corporation,body or agency as defined and upon the conditions and limitations contained in Section 5.06(Assignability) as Grantee shall designate. If, on the occurrence of any of these events, Grantee fails to assign all of its rights and responsibilities under this Easement and all of its rights, title and interest in and to this 22 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. The then-current owners) of the Property will be notified of any such proceedings. 5.08 Extingpisb-ment This Easement gives rye to a property right and interest immediately crested in Grantee. For purposes of this Section 5.08, the fair mairket value of such aright and interest shall have fair market value deterTrLined by multiplying i the fair market value of the Property unencumbered by this Easement by A the ratio of the value of this Easement as of the Effective Date of this Easement to the value of the Property,unencumbered by this Easement, as of the Effective Date of this Easement.The value as of the slate hereof shall be those varies used to calculate the deduction of federal income or estate tax purposes allowable by reason of the grant of th.s Easement,pursuant to Section 1 h or Section f of the Code, as those values shall be established through a "qualified appraisal" arranged by Grantor in accordance with Treas. Reg.Section 1.1 -13 and guidance of the internal Revenue Service, and m- accord with any final detern ation thereof. The percentage ratio thus determined is hereinafter referred to a the ,"Proportionate Share" and shah thereafter remain constant. The Proportionate Sbare of this Easement as detexined above shall be filed as part of the Baseline Documentation described in Section 0.03 hereof. (For example: if the fair market value of the Property is $500,000 and its restricted value is $100,000, the Proportionate Share is $400,000Tided by$500,000, or %. If circumstances arise in the fixture that render the Conservation Purpose of this Easement impossible or impracticable to accomplish,this Easement can only be terminated or extinguished,whether in whole or in part,by judicial proceedings in a court of competent jurisdiction and in accordance with the con non and statutory laws of the State of New York. In the event of an extinguishment or partial extinguishment of this Easement by a judicial proceeding, Grantor shall pay Grantee an amount espial to the Proportionate Share of the then- fair market value of the Property at the time of the extin ulsbment. Such fair market value shall be established by an axon's length sale of the Property or such portion of which as to which this Easement is extinguished) consummated within ninety days of the extinguishment, subject to Grantee's approval of the sale price as fairly representing fair market value; otherwise, fair market value shall be determined by independent appraisal by an appraiser who is mutually agreeable to Grantor and.Grantee,the cost of which appraisal shall be borne by Grantor. Grantor shall make such payment to Grantee upon the closing of a sale of the Property (oar affected portion thereof consummated within ninety clays of the extinguishment;or, if no sale takes place within such time frame,within ninety days of the extinguishment. 2 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 lien of a taping, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the Conservation Purpose hereof, Grantor and Grantee Shan join in appropriate proceedings at the time of such taking to recover the Bill 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 tag shall be paid out of each party's respective proceeds. Grantee shall be entitled to the Proportionate Share of the recovered proceeds of any such ondeYnnation. Grantee shall use such proceeds actually recovered by it in a manner consistent with the Conservation purpose of this Easement. Grantor shall obtain Grantee's prior written approval before agreeing to any purchase in heu of condemnation. The respective rights of Grantor and Grantee set forth in this Section 5.08 shall be in addition to, and not in limitation of, any rights they may have by law with respect to modification or termination of this Easement by reason of changed conditions or the exercise o the power of eminent domain as aforesaid. In making this grant of Easement,however, Grantor has considered the possibility that uses prohibited by the terms of this Easement may become more economically vialAe than fhe uses specifically preserved by Grantor pursuant to this Easement. it is the intent of both Grantor and Grantee that any such change in economic conditions shall not be deemed to be cir rxnstances justifying the t rminati r extinguishment of this Easement pursuant to this section. ARTICLE SIX MISCELLANEOUS ELLANEOUS .01 Allenabili Grantor shall have the right to convey,mortgage or lease all of its remaining interest the Property but only subject to the terms of this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, i cluding the full name and mailing address of any transferee, and,in the case of a transfer to an entity, the individual pxrincipals thereof. 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 elate, office,liber and page of the xecording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder or the validity of this Easement in any way. 2 .02 Entire Understandin This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject natter shall be merged into this Easement and superseded by it. 6.03 Amendment This Easement can be amended and modified only in accordance with the terms of this Easement and the common and statutory laws of the State of New York applicable to the modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement,provided,however, that Grantee shall have no right or power to agree to any amendment hereto that is inconsistent with the conservation Purpose or 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 sane may be hereafter amended, or any regulation issued pursuant thereto, or under Code section 170(h). No amendment may be approved by Grantee that would —or, as Grantee in its judgment may determine, could—violate the rules of impermissible private benefit or of private inurement under applicable sections of the Code, including but not limited to Section 5 1 c 3 of the Code or affect this Easement's perpetual duration. Any such amendment shall be permitted only upon Grantee's determination, in its sole discretion,that such amendment will not jeopardize Grantee's status as an orgarnzation described in Code sections 10h and 501c . .04 Severabilit Any provision of this Easement restricting Grantor's activities that is determined to be invalid or unenforceable by a court of competent jurisdiction 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 of competent jurisdiction shall be severed from the other provisions,which shali remain enforceable and effective. .05 Notice All notices required by this Easement must be written. Notices shall be delivered by hand;by certified U.S.mail, return receipt requested; or by overnight delivery by a reputable national courier service that provides automated delivery tracking;provided,however,that notices from Grantee to Grantor to notify Grantor of the date and -time of-routine annual monitoring of the property pursuant to Section 5.01 above may be delivered by U.S. first-class 2 nail or by electronic transmission e.g_, email or facsimile),provided that, in the latter case, the sender receives an acknowledgement of successful transmission or the recipient provides an acknowledgement of receipt. Notices 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. Notice to Grantee shall be addressed to its principal office,recited herein,narked for the attention of the President, or to such other address as Grantee may designate by notice in accordance with this section. Notice shall be deemed given and received as of the date of its actual delivery to the recipient. .6.06 Governing Lave 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,except as provided in Section 6.07 hereof. .6.07 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 or the other party"s attorney. No alleged ambiguity in this Easement shad be construed against the party which drafted it or 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 he given such interpretation as would render it valid and be consistent with the Conservation r'nrpose of this Easement.Any rule o strict constriction 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 conservation Purpose of this Easement as intended by the parties. 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 tines and by all parties to effectuate its Conservation Purpose. 6.08 Public Access Nothing contained in this Easement grants,nor shall be interpreted to grant, to the general pudic any right to enter upon the Property. 2 6.09 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. .10 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suff er, State of New York. 6.11 Enforceable Restriction: Successors The covenants, terms,conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and heir respective personal representatives, agents,heirs, successors,and assigns and shall continue as a servitude ' in perpetuity with the Property. 6-12 Termination of Rights and obUZatio ns party"s rights and obligations under this Easement terminate upon transfer of the party's interest in the Easement or the Property, except that liability for acts or omissions Occurrmg prior to transfer shall survive transfer. 6.13 Head The headings,titles and subtitles herein have been inserted solely for convenient reference and sh l be ignored in its construction. .6.14 Counterparts Grantor and Grantee may execute this instrument in two or more counterparts; each counterpart shall be deemed an original instrument. In the evert of any disparity between the counterparts produced, the recorded counterpart shall be controlling. [Signatures to follow on next page-] 7 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: GRANTOR DHC Lard LLC, a Delaware Limited Liability COrnpany BY: FUR By: I(Wr-'PT Its: �c �.�J�.�J�,���� S((TMA_T0fl4f ACKNOWLEDGED AND ACCEPTED: GRANTEE PECQNIC LAND TRUST,INCORPORATED BY: VA t lLta hjjn v.H. Halsey President 29 STATIC OF NEW YOR COUNTY OF SUFFOLK On this day of33 the year o�before ore me the undersigned, ersonall eared '�..�V*,; ���` rs nail now-to e o roared to e o the basis of satisfactory evidence to be the individual whose name is subscribed to the id-dn 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. a is USA LUBRANO Notary Public,,Siate of New York o.01 W5067702 Qualilliod in Suffolk Coun� Commission Expires October 21 STATE OF NEW YORK COUNTY OF SUFFOLK h On thiV�-j day ofJ66 in the year Q&;before me, the undersigned,personally appeared John v. H.Halsey,personally known to rue or proved to me on the basis of satisfactory evidence to be the individual whose name is sui scn`bed to the within instrument and acknowledged nowledged to me that he executed the sane 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. dF Notary Public OUAM MDUW HOC.STATE OF MEW VM . MAW" us*CMMIY i r MW SCHEDULE A Metes and Bounds Description of the Property 30 New York Title Abstract Services, Inc. WWW..N." ewYo.rk'F'a1e.com Title Number: NYTA-62875-S-23 Page 1 SCHEDULE A DESCRIPTION ALL that certain plot piece or parcel of lard, with the buildings and improvements thereon erected, situate, lying and being at Mattitu k, in the Torn of Southold, County of Suffolk and State of New York, being more particularly hounded and described as follows- BEGINNING at the corner formed by the intersection of the easterly side of I larratooka Road and the southerly side of New Suffolk Avenue; RUNNING ING THENCE from said point or place of beginning along the southerly side of New Suffolk nu , North 78 degrees 40 minutes 30 seconds East, 997.23 feet to a store monument and land now or formerly of Doreen E. Evans and Martin P. Evans; THENCE along said last mentioned land the following two (2) courses and distances: 1. south 03 degrees 46 minutes 30 seconds East along last mentioned land, 181.60 feet; . South 69 degrees 36 minutes 50 seconds East, 43.82 feet to the westerly side of J. Deep Hole Creek, THENCE the following three tie line courses and distances along the apparent high water rk of Deep Hole Creek- I . South 23 degrees 18 minutes 04 seconds West, 99.43 feat; . South 03 degrees 31 minutes 41 seconds West, 97.78 feet; and . south 06 degrees 44 minutes 36 seconds East, 109.47 feet to land now or formerly of Douglas Hirsch and Leslie Hirsch; THENCE along said last mentioned lard the following three 3 courses and distances- 1. south 78 degrees 40 minutes 30 seconds Nest, 97.20 feet; . South 86 degrees 40 minutes 20 seconds Idlest, 55.88 feet to a monument; and . South 08 degrees 09 minutes 00 seconds East, 321.41 feet to a concrete monument ent and lard now or formerly of Edward Hanes; THENCE along said last mentioned lard, and along land now or formerly of Henry J. L efler and Nancy M. Lefler, and land now or formerly of Gerard E. Diffley and Karen L_ DrfFler, South 78 degrees 47 minutes 10 seconds Nest, . 7 feet; THENCE North 71 degrees 39 minutes 20 seconds West, 223.91 feet to the easterly side of Marratoo a Road; New York Title Abstract Services,Inc. www.New'Yod�Ti*tle.com Title Number: NYTA-62875-S-23 Page 2 THENCE northerly along the easterly side of Marratooka Road the following two (2) courses and distances: I. North 24 degrees 38 minutes 30 seconds West, 275.29 feet; . North 18 degrees 14 minutes 20 seconds Vest, 425.18 feet to the point or place of BEGINNING. SUBJECT to a Right of Way over the subject premises as contained in Li er 1043 Cp. 140, as repeated in Liter 4980, Cp. 548, in Liter 12241, Cp. 322, and in Liter 12700, Cp_ 877. SUBJECT to a Right of Way in favor f Tax Lot 002.000 as contained in Liter 5759, Cp. 305, and repeated in Liter 11974, C . 395. 2 EXHIBIT A. Conservation Easement Map 1 -----------I-----------P _P AIR' d d h d I d d Arev!r1A h a h T T T T T JAN, d d I I P P 4 4 P P P d + P P I d Area�2 Dev�pbjl I fl�%? P P P P . .R 15 DI.."FP HOLF 10 Tolal A f-rops CREEK P I P P P P d 6 Arm & e. reening P d h I P 4 4 + P P I I P P + 2.40 + rl I P P I P P P P P P 4 P + I k 6 1 P P P + + d P P I P I Prthfbit P P I P d h h 0 d d d d P P h h P P I P P ti P I I + d P P 4 I I I + d d d 0 P I I d d I I P I I I P P d d I I P P P P I I 4 P I r tP + I P k,P'�F btl 1. -lop 11 lei:I 0 A9 A I P NA. 0 100 200 I Feet Peconic Land Trust 296,Ffampton Road/1'0 BoX1776 Deep Hole Creek/Koehler SCTMA: 1000-115-10-1 63-1-283-31.95 Exhibit A Acreage- 1.4.94 Acides Prepared by:Thumas Corcoran Town of Southold, NY Prep tiredOnt 5/80023 -------------------------- w Pe ww.. conjcLaridTruSt.03-g N'O­ EXHIBIT B Baseline Documentation Acknowledgement The undersigned, , on behalf of Grantor, and Jahn v.H.Halsey, representing Grantee, certify as follows: a} Each is familiar with the condition of the Property, and b) Each does hereby acknowledge and certify that the Baseline Documentation,and all of its inclusions, dated v4 31 623 , is an accurate representation of the condition of the Property as of the Effective Date of the Conservation Easement. Duplicate originals of the Baseline Report were signed and delivered by each of Grantor and Grantee, and each will receive duplicate originals of the Baseline Documentation as of the conveyance of the Easement. GRANTOR DHC Land LLC, a Delaware Limited Liability Company By: M paTdA F. RF/tH'i, L Its: AS Awl-RON10 S�160JA-FO pA GRANTEE PECONIC LAND TRUST, INCORPORATED, anot-fox-profit New York corporation B hn v.H.Halsey Its: President 32 s c DEVELOPMENT '� �` D H LA N LLC .,-F, ,•-�I-'---,�1�. � I, -�I�gip!�rM r Lu cc t LR16 )c •T e' i k a s xxu ■ ®� Q 4� N ABANDONMENT q k >a,�..i�._,r.:...• c OF EXISTING RESIDENTIAL DWELLING, -------------------- DEMOLITION t LLIN6 W/ ,__�-- 4 e k !•`'* � \� �l t r 1 i 1rI"'� +`ii O OF EX15TINO SANITARY 5YST:EM 4 EX15TINO OIL TANK t Vol- �R _--- •°'- ""°1i I._j ' `�1 > PROPOSED FARM STAND !t —___--— LOCATION MAP a0 N Y o - PROPOSED AGRICULTURAL PRODUCTION BUILDING i- _ - - xA�°NT5 '' co x"c� - PROPOSED POLE EARN _----" ?°, ----- 0=I �- 1 fi�i�OJ GTE TA: o m+. PROPOSED FARMHOUSE —_ a - tl � N m I 'I 6R>;RH0016,T101'1_——— — --_--�K A�/ N - W' N``,�tl �pjLINC LOT COVERAGE t 1Ip� 4 IRR SLIC O 0; WA R SOUTHOLD TOWN CODE SECTION 260-04 - _- _... ---•--.-_.. i t TP__EE� _ ----------• — WELLING STRUCTURE _ ■ , 6 APPROX.LOCATION OF rl -- � ` ��' NEARBY PRINCIPAL DESCRIPTION(FOOTPRINT) AREA %LOT VJ GB�1' _ D COVERAGE t t Wa G Wp fER—--- c15t,y�1ER MA{K - 11'l 9 a - � _ TOTAL LOT AREA S��AGK-- l "p� � --,'� ui,z LOT AREA O-IIS-IO-OI.001) 620542 S.F. •0-��'3'� O �� (AREA#I:RESERVED 89,281 S.F. 11 { EVEL.OPMENT) �� (12)9'xl9' a�� m 70 BUILDABLE LAND(U Ll• _ PARKINO20'SIDE l U -" (_—_— SPACES i_ I I SETBACKS/ T4055 S.F. /1 m I I YgRp a (AREA#I:RESERVE/DEVELOPMENT) VJ_ EXISTIN6 GARAGE 251 S.F. 03% - EXIST.DRAINAGE 5,8, AO ■— '� N H 1 i DEC-4 TRUSTEES-APPROVED DOCK(2) 15 S.F. 0.0% +, --- = PROP. 40'30W • i EXIST.HEDGE ROW _ - ` ORATE ° FARM .=.5�• /I 'i;oa 569°36'50"E PROPOSED FARMHOUSE w/DECK 1,516 S.F. I.-!% RA20A0' - _ - - 5GTM IOoo-115-10-OI.00I STAND L•'SSDS' 155'�1' u%\' AGRICULTURE • t�� /) r> 43.82' PROPOSED POLE BARN 2,�76 S.F. 3b% U AREA#I:RE5ERVE/ �• DEVELOPMENT(89,281 S.FJ 02/J i/ �^ '••'r� l LANDWARD LIMIT OF PROPOSED AORIGULTURAL 1,519 S.F. IA% L I; AREA#2 Np\ �■ '�/ •' �Q TIDAL l^iFTLANDS IS EOUAL PRODUCTION BUILDING ROADWAY A5PHALT �' °I` U/0 ',',%, TO BOTTOM OF BANK \; '1, /f0 :,y PROPOSED FARM STAND 288 S.F. 0.4% TO BE DEDICATED TO j ; ■x NQ 2 /,r ,�' r) THE TOWN OF SOUTHOLD) ^- °v, TOTAL AREA OF ALL STRUCTURES 6365 S.F. ` (115 S.FJ 1,iii`4,;' \,`` \\ •It •x '(S p` PROP. �'' E l:;,��;'; llm c°- MAXIMUM THE TOP o OT GBtP�� L�oTLO O% Q BURIED /, : /''• r '-"BUILOABLB LAND'MXZLLVE5 ALL LAND 5MAwARD l QQ /;' ` 3 ` ,1, \ •t / LINES '/ �n :ti/ °-AREA O UUPPON�'BUILLOADLE LAW.TOTAA�I.LDABLE LANP AREA Or'AREA 01'. ARFA POCK LFON ENTIRE LOT AREA,15 m SP. HATCHIN6INDICATES NON-015TURBANCE BUFFER , , , , , 'i, PROP LD - �.o �' ID O E E r o , ---------- - Y , , O \`, •t aT %! '`/' I •& G R E E K O—OO,00 PROJECT LOCATION&SCOPE '' 10' I %' '01� SITE PLAN&ZONING DATA Q \ MIN. i% Y' l '11' APPROVED PI,\ ■ I 3 ER w/4'-WIDE \ e tl i 1. ACCESS PATH THROUGH G_002.00 GENERAL NOTES Y 1 II ` 1m]Q NON-DISTURBANCE BUFFER PER DEG STRUCTURAL DESIGN CHARTS �\ ` 1 • ____,/ :,��'.p j W Q PERMIT NO.1-4T38-04281/00003 4 PROP i,F TRUSTEES PERMIT NO.105T9 C—003.00 HOLDOWN,ANCHOR BOLT, 11' POLE I' STRAPPING,&NAILING DETAILS EXIST.WIRES BARN /LI TO; ' LIMIT OF EXIST.TREE LINE FASTENING SCHEDULE FENCE TO BE , ! ' REMOVED i•t '// •, (EXISTIN6 CLEARING) a SGTM#I000-II5-10-01.001 '1� ---L ' �' G-004,00 FRAMING GRAPHICS ,— --ox }'',,' EXIST.I-STORY M.FR.DWELLING w/ tr AGRICULTURE I ! WELL IN BASEMENT TO BE ! ■� --, I i _� BEAM CONNECTION PATTERNS \ TOWN DEVELOPMENT RIr-HT5 t I H. / P DEMOLISHED;WELL TO BE SPACES UPON IPARrlNr,/A OATS o �r r J�_Z.---- „I FIREBLOCKING DETAILS \ `t t''j 1!jl�A ABANDONED PER SGDHS STANDARDS. (PROP.SEPTIC SYSTEMS t y i �" R� `,t j;jj';'; �� EXIST.GONG.COVER;V.I.F.STRUCTURE G-005.00 PROP.ENLARGED SITE PLAN DE516NED BY OTHERS) PROP' H `+' -Y-y 'I BELOW 4 ABANDON IF CONNECTED TO FARM- -�yrA"" m OFF-STREET PARKING REQUIREMENTS tp EXIST.SANITARY SYSTEM w• HOUSE G-�O�j 0O PROP.SURFACE COVER&EROSION CONTROL s DECK '-- i N � EXIST.OIL FILL GAP;EXIST.TANK AREA#2 b`1 I�q �^ TO BE EMPTIED 4 ABANDONED TOWN OF SOUTHOLD 25'SIDE YARD SETBACK w I'''I'I,1';I j• A—IOI.00 FARM STAND: DEVELOPMENT RI&HT5 I:Q EXI5T.CESSPOOL TO BE ABANDONED \ EASEMENT AREA (ACCESSORY STRUCTURES) 114 1, ,',,,'�,1 PER SGDHS STANDARDS -BUILDING DATA&SCHEDULES JI_�I\�7 U ` \ (426,665 SF) 20'SIDE YARD SETBAGIK i,J • PLANS !„ I Ex1sr.GRASS DRIVEWAY ELEVATIONS&SECTION EXIST.UTILITY _ _— — - —--,', ', �\ POLE(TYPJ \' (DWELLV;�) >>-- -- — - \ � EXIST.I-STORY WD.FR. ,`; 1�586°40'21"W Il of- / '.�'. \ 12.2'x203'GARAGE -DETAILS W y s-JTISC 0TOWN 4 4, P NNIN 60A 0 35,12 55b EXI5T.IRREGULAR WIRE FENCE /� v EXIST.t1ED6L' I 54 ■ g20, A-20I.00 POLE BARN: c I I BUILDING DATA 2lS\ AREA#2 II 1 \ 1 m FLOOR PLANS z x— \ STRUCTURE .;°g. Exlsr.l-sr i A-202(104,4eb S.F) .00 POLE BARN: STRUG'NRE AREA AD.FR 6A Ta SCHEDULES �] / I N � FLOOR PLANS c ,1 i I 7w i Im�6 DEEP DOOR+WINDOWSCHE ° \, EXIST.SEPTIC TANK 4 LEACHIN6 POOL l ' j 1 A D HOLE MINI SPLIT SCHEDULE \ p ww I j��� G R E E iG PROJECT: A-203.00 POLE BARN: FLOOR PLANS �- EXIST.1-1r.2STORY / j'' �� j I DOOR+WINDOW SCHEDULES DHC LAND,LLC WD.FR.pWELLIN6 j � i j jI, -MINI SPLIT SCHEDULE \ 1 1 / ��I\y TIDAL WETLAND A-204.00 POLE BARN: \ \ BOUNDARY AS FLOOR PLANS DELINEATED BY \ \ EN-CONSULTANTS ON A-205.00 POLE BARN: 4180 NEW SUFFOLK AVE MAY 4,2021 ELEVATIONS DOOR+WINDOW SCHEDULES MATTITUCK,NY 11952 SITE LAYOUT NOTE5, I.THIS IS AN ARCHITECT'S SITE PLAN 4 IS ` �`;�`;; \ i A-206.00 POLE BARN: DRAWING TITLE: SUBJECT TO VERIFICATION BY A LICENSED ``, ; jj 'I I o -ELEVATIONS PROJECT LOCATION&SCOPE SURVEYOR.THE INFORMATION REPRESENTED \ ON THI5 SITE PLAN 15 TO THE ARCHITECT'S `, `1\ -.,- EXIST.FELL t �� I jn■��' -DOOR+WINDOW SCHEDULES SITE PLAN&ZONING DATA BEST OF KNOWLED6E. ` `, \ \ EDGE of �' V So ' '- A-2O-I.00 POLE BARN: 2.SURVEY INFORMATION WAS OBTAINED FROM `1 ,I \ WOODS '�\' ISECTIONS A SURVEY DATED SEPTEMBER OI,2025 ANDPREPARED BY: \ o , , i I o1 I\•--MEAN HIGH WATER MARK -ENERGY TABLE ,J EXIST.FIRE N\\ I j j i RISER DIAGRAMS KENNETH M.WOYGHUK LAND SURVEYING,PLLG \ ` j �, / PAGE: P.O.BOX 153 ,` ,o HYDRANT '\\ 'I ry�� `` I'I #p00_II-lo-O 0#L I( 1635112E A-208.00 POLE BARN:AQUEE3 l^.� PHONE:6UE,51)2q I1931 ` °p``- 91>7� �/1 O O 0 PHONE:(63U 298-1588 EXIST. a phi - 5GRE \�� -EGRESS FLOOR PLANS ` IRRIGATION \ �".� I pE>y5 3.ELEVATIONS REFERENCE NAVD AW5 \` WELL HEAD '\ I \ 116 `` 1 LOW 3�� A-2OGI.00 POLE BARN: EXI5T.ROW OF DETAILS ,`SPRUCE TREES �O'1 44o'I'i;�•S.I®•4'1'IG"W 15''WIfJEaoW_, — -ACCESSIBLEPLUMBINGDETAILS PROJECT/ZONING DATA O _ IN9 w/ DATE:07 06, /$�?e, \ 11;-to-O2 / / 1 OF 20 TAX MAP# 1000-I15-10-01.001 M\ C' % SGrM No R�GU�tURE of > - .00 FARMHOUSE: '\ EXIST.EDEE AG exl-�'?" L- - wl�O' -BUILDING DATA ZONING DISTRICT R-80 CONFORMING `� - �- OP PAVEMENT °4�'10"W — `-- —'` Dl^E"1 '(ER ``\ ``, �U-p \.�'�-H7/°3q, 4q 5i8 .( _ — 'al p,}BLIG I -ENERGY TABLE �+EDF ` T 0 � DRIJ£WP` __ J, -.--LING W/ I FLOOR PLANS EXIST. LOT AREA 14..2 ACRES \ 11( w 6Rp/E1 _ — %spVWB !IpTER WIRE \ 20A' ���- EAST. O T - EX "_-- PNBLIG I FENCE �f.^,� _ __ A—�JO2.00 FARMHOUSE: FEMA FLOOD ZONES X 4 AE(EL.=6') \\\ 6' D \ R'O.W FLOOR PLANS ��`��`��•'�{a.'s°�cn\ #IO T9:DOCK S LClry6 D y18' _ tJ l IpTER �•j,;f R`;g{.y c'1' SOUTHOLD TRUSTEES #10901A:DEIMOLITION+UTILITIES L/G W/ �:\:\ _ — WSL1G I RISER DIAGRAMS R r NJL:#I-415b-04281/00002;10/15/17 '� ��R � A-40I.00 AGRICULTURAL PRODUCTION BUILDING: NYS DEC PENDING:#1-4738-04261/00003; �oDATA EXIST.ARBORVITAE BUILDING O SUFFOLK COUNTY HD APPROVAL =______ PENDING FLOOR PLANS20A A-402.00 AGRICULTURAL PRODUCTION BUILDING: �- S I TE PLAN FLOOR PLANS SCALE:1"=50'-0" SECTION ENERGY TABLE New York State Department of Agriculture and Markets Resilient Food Systems Infrastructure(RFSI)Grant Program—Project Award Descriptions Region: Long Island West Robbins Oyster Company,LLC West Robbins Oyster Company: Oyster and Vegetable Post-harvest Grading,Aggregation,and Value-Added Processing Mattituck,NY Suffolk County West Robbins Oyster Company(WROC),LLC will establish an agreement with the New York State Department of Agriculture and Markets and the Farm and Food Growth Fund to construct a new 2,000 square-foot shellfish processing and storage facility on Long Island.The project will allow post-harvest grading,aggregating,and processing of farm-raised oysters,clams,scallops,and organic vegetables by five beginning farmers.WROC's expanded processing and production capacity will increase the availability of new value-added,shelf-stable products such as frozen breaded shellfish and shellfish chowders for distribution to wholesale,retail,and institutional markets. Grant Award: $632,450.00 Source(official State page,retrieved 3 Sep 2026):https://agriculture.ny.gov/project-award-descriptions-resilient-food-systems-infrastructure- grant-program This one-page extract reprints only the West Robbins/WROC award entry from that public page.It is not a Town document and not a Peconic Land Trust approval. From: James Scherer <wenchris@optonline.net> Sent: Wednesday, September 2, 2026 12:34 PM To: Westermann, Caitlin Subject: Fwd: Deep Hole Creek - Commercial Seafood o HL Me .,e C�C�C UWCS[ED Sent from my Pad Begin forwarded message: SOU HOLDNG OWN PLAARD From:James Scherer<wenchris@opton line.net> Date: September 2, 2026 at 11:22:28 AM EDT 1l• To: heather.lanza@town.southold.ny.us Cc:glenn.goldsmith@town.southold.ny.us, nick.krupski@town.southold.ny.us, liz.gillooly@town.southold.ny.us, eric.sepenoski@town.southold.ny.us, joseph.finora@town.southold.ny.us Subject: Deep Hole Creek-Commercial Seafood Dear Trustees, We are writing as homeowners on Deep Hole Creek to express our deep disappointment and strong opposition to the proposed commercial seafood operation at the head of the creek. Several years ago, residents were asked to support the Peconic Land Trust's effort to preserve this property so that it would not be developed with additional homes. Many of our neighbors contributed money because we believed we were helping protect the character of our neighborhood and prevent overdevelopment. We now feel that the community has been seriously misled about what the preservation would ultimately mean. No one we know understood that this property could become a commercial seafood operation and distribution point, bringing additional commercial boats and activity into our quiet residential creek. A small farm growing vegetables or fruit, perhaps with a farm stand, is one thing. A commercial seafood operation involving boats, deliveries, and distribution for other farmers is something entirely different. We are extremely concerned about what this will mean for Deep Hole Creek and the homeowners who live here. How many boats will be coming up and down our creek? How large will they be? How often will they come? And will other commercial seafood operators also be using our creek for distribution? These are not insignificant questions. This is our neighborhood and our residential waterway. We should not have to watch the character of our creek change because a property that was supposedly being preserved is now being used for commercial purposes. Frankly, we feel that the homeowners who trusted this preservation effort have been taken advantage of. What was presented as protecting the neighborhood now appears capable of bringing a commercial operation directly into it. We ask the Trustees to listen to the homeowners who live here and to carefully consider the impact this 1 proposal will have on our quality of life, safety, waterfront, waterfowl and the character of Deep Hole Creek. Before anything is approved, we want clear answers regarding the number and size of vessels, frequency of traffic, hours of operation, outside operators using the creek, and the enforceable limits that will protect the surrounding homeowners. Please do not let the preservation of this property come at the expense of the very neighborhood it was supposedly being preserved to protect. Respectfully, Carol and James Scherer 1015 Bungalow Lane Mattituck, NY 11952 ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 SADIS Douglas R. Hirsch,Esq. Sadis&Goldberg LLP 551 Fifth Avenue,21 st Floor New York,NY 10176 Phone:212.573.6670 dhirsch@sadis,com September 1,2026 VIA EMAIL AND FEDERAL EXPRESS Town of Southold Planning Board P 114 L- 13C I M M(3�[EOW7t= Town Hall 'M D tD 53095 Route 25 SEP 0 1 70N TOWN P.O. Box 1179 0ARkD Southold,New York 11971 Re: Objection to Site Plan Application DHC Land LLC 4180 New Suffolk Avenue, Mattituck,NY 11952 SCTM No. 1000-115-10-1.1 Dear Members of the Planning Board: Sadis and Goldberg LLP represents Douglas and Leslie Hirsch,the neighboring property owners at 5025 New Suffolk Avenue and are directly affected by the above-referenced site plan application submitted by DHC Land LLC ("Applicant"). For the following reasons,as well as others specified in this letter,the Planning Board is legally obligated to deny approval of the submitted site plan. Reasons for denial include, but are not limited to: • The Site Plan fails to comply with the 7-acre minimum requirement for an aquaculture facility as well as all the setbacks and screening requirements for such a facility. • In order to try and circumvent the above-requirement and the prohibition on operating a commercial aquaculture business on the site selling wholesale and retail millions of oysters,the application fails to accurately describe the massive planned commercial aquaculture activities for the site and instead, intentionally mischaracterizes the primary use of the site as a traditional land farm that will be processing vegetables and selling flowers.merely"incidental"to his use as of the site as a primary residence. But,as set forth in Mr. Peckham's NYS RSFI Grant Application,this is a full-blown commercial aquaculture site with production, packaging and distribution for over 4 million oysters and shellfish. Indeed, as per Mr.Peckham's New York State RFSI Grant Application to obtain funds to build the facility, he represented that the site will be used primarily as a "middle of the supply chain facility"that will enable significant expansion for VvROC as well as other shellfish growers in the Great and Little Peconic Bays with storage and production capacity for over 2 million farmed pieces with further capacity to aggregate and distribute another 2 million pieces. "These ro'ections would roughly double the current re orted landings of the Suffolk County Ac uaculture Pro ram"I. In other words,he is building Braun Seafood Co. ("Braun'S)2 in the middle of a conservation field and residential neighborhood. He is also currently illegally using his residential dock as a commercial dock to service his commercial oyster farming operation--west Robins Oyster Company. wROC currently farms hundreds of thousands of oysters and sells to restaurants and other commercial operators as well as the public. • The Site Plan violates the PLT Overlay Easement because Agricultural Buildings were required to be located in the designated Agricultural area reflected in the PLT Overlay Easement. The overlay Easement also explicitly restricts greenhouses of the type he proposes in the location on the site plan. • It is unclear if Mr.Peckham has complied with the owner/operator requirements of the Town Code as it appears the true owner of the site may be a private equity firm called Dirt Capital Partners. Although DHC Land LLC is the deeded owner of the site,it is owned by owned by a private equity company called Dirt Capital Partners and Mr. Peckham's company---WROC LLC. Incredibly,the site plan application only contains the first page and last page of the operating agreement for DHC Land. This is a giant red flag suggesting that Mr. Peckham is not the owner as required by the Town Code. In fact, as discussed in this letter,there is a reference to by Dirt Capital Partners to a"lease", indicating that Mr. Peckham may only be a lessee. Because Mr. Peckham has failed to include a complete copy of the operating agreement for DHC Land, it is impossible to determine the real"owner" of DHC Land and who controls it.The Planning Board cannot possibly make a determination on the application until there is full disclosure of the DHC Land operating agreement and any amendments. Unlike the residents of Deep Hole Creek who paid for their properties with their own money, DHC Land purchased the property at a bargain basement price of$I.6M with the help of the residents financial contributions to the PLT. The PLT overlay easement was put in place to protect us from this type of project,yet Mr. Peckham now seeks to build a facility that is ' This is a quote from Mr.Peckham's RFS1 Grant Application. We love Braun's,but not in the middle of a conservation field in a residential neighborhood. 2 completely inconsistent with what was represented to the community and in violation of the Town Code and the PL.T Overlay Easement. This is not a simple flower and vegetable farm. This is the largest commercial wholesale harvesting, packaging and distribution facility for oysters in Suffolk County which will use large trucks coming in out of a dangerous spot in a residential area on New Suffolk Avenue and which employs commercial oyster boats improperly utilizing a residential dock for commercial purposes. It also places the commercial buildings and operations on a portion of the site that borders the 100 foot set back for the wetlands and the creek,thereby presenting much more of an environmental risk to the creek then locating the commercial buildings in the designated agricultural zone. I. BACKGROUND I. Background of west Robins Oyster Company West Robins Oyster Company("WROC")is not a modest family farming operation that is '41ncidental"to a residential home. It is a commercial oyster farming enterprise operating out of Southampton that raised approximately 500,000 oysters in its most recent year of operation and, by its own admission, is scaling toward production and processing of over four million oysters annually with its proposed facility on the site. wROC's NYS Resilient Food Systems Infrastructure ("RFSI")grant application describes the project at this Property as a"New- construction middle--of the-supply-chain facility for grading,aggregating and processing."It seeks to double the current reported landings of the entire Suffolk County Acquaculture Program. This is not a description of a residential homestead with incidental agricultural activity it is the description of a commercial processing plant that to our knowledge,will be the largest of its kind in Suffolk County. Indeed,the RFSI grant application states that the facility will"[c]onstruct new climate-controlled storage space accessible to multiple shellfish and vegetable growers,"will involve "[a]ggregating and storing crops and processed products for shipment for a minimum of five Beginning Farmers,"and will include a vision grader capable of sorting 15,000 shellfish per hour. The total project budget is$843,266, including$632,450 in federal grant funds.These are not the hallmarks of an incidental agricultural use accessory to a residence;they are the hallmarks of a commercial industrial operation. Critically,the Evidence of Critical Resources letter submitted with the RFS 1 grant application was signed not by the farmer, but by Dominick Grant, Managing Director of Dirt Capital Partners, a private equity firm located at 32 Main Street, Suite 203A, Chatham,New York 12037. That letter confirms that"wROC LLC has the right to construct the proposed project on the critical resource(land premises)at 4180 New Suffolk Avenue."It appears it is the private equity firm not the farmer that controls this property and authorized its use for commercial aquaculture processing. The letter goes on to state that Dirt Capital Partners will provide a of the lease", implying that it owns the site and Mr. Peckham is merely a lessee. 3 DHC Land LLC,the nominal applicant, is a Delaware Limited Liability Company whose mailing address is 32 Main Street, Suite 203A, Chatham,NY I2037 the same address as Dirt Capital Partners. The deed to the Property was signed by Dirt Capital, not by will Peckham. This is a private equity-backed commercial packaging and distribution facility masquerading as a family farm in an attempt to improperly obtain site plan approvals. In addition, the site is to be used by other commercial fisherman by accessing the residential dock and using it as a commercial dock. For example,Joe Finora of Hampton Oyster Company seems approval to build a commercial oyster operation on the waterfront in New Suffolk. In connection with Mr. Peckham's grant application for this site,Mr. Finora submitted a letter of support stating that he would be able to access the processing at this site by water,thereby improperly using the residential dock for commercial purposes. II. The PLT and the Community's Investment The community contributed over$800,000 toward the conservation of this property through the Peconic Land Trust("PLT"). Residents made these contributions with the understanding and expectation that the property would be preserved as farmland consistent with the character of the neighborhood not converted into a commercial processing facility.The property was purchased through a PLT Request for Proposals("RFP")process, and the community deserves to have the terms of that process honored. III. The PLT Request for Proposals The PLT's RFP process for this Property represented that agricultural buildings would be placed in the designated Agricultural Structure Area an area of approximately 2.4 acres within Area- 2 of the Property. The community participated in this process and was given to understand that the development area(Area-]A, approximately 2.05 acres)would contain a single-family residential dwelling,while any agricultural structures would be located in the Agricultural Structure Area, away from the residential neighbors to the south. The current site plan places commercial processing buildings within the development area,directly adjacent to the residential neighborhood a betrayal of the representations made during the RFP process. IV.Violations of the PLT Overlay Easement Similarly,the PLT Overlay Conservation Easement, recorded March 31,2023, contains the designated agricultural building area that was contained in the RFP. It provides a designated area for what Mr. Peckham mischaracterizes as the"farm"buildings that he wants to construct. It is a large area that runs along Maratooka Road. Despite this designated area that the community was led to believe would contain the buildings and which the overlay Easement requires that they be located, Mr. Peckham is asking to squeeze all these buildings on the residential portion of the site that has a 100 foot Trustee boundary making them much more of a threat to the creek then if they were located in the area required by the PLT overlay Easement. If the Planning Board is at all 4 concerned about protecting the creek and the wetlands,these buildings should obviously be located in the designated agricultural structure area. Section 2.o 1(B)(iv)of the Conservation Easement expressly prohibits"Greenhouses, including hoop house, high tunnel,winter-over house or the like,having heating devices,water and electric utilities,and/or supporting poles embedded in a concrete foundation, except within the Agricultural Structure Area."The proposed site plan places a.o x48-foot greenhouse for shellfish within Area-1 A not the Agricultural Structure Area in direct violation of this provision. Additionally, Section 2.06 of the Conservation Easement prohibits"the dumping or accumulation of unsightly or offensive materials, including but not limited to trash,garbage, sawdust,ashes or chemical waste,on the Property."The Property currently contains an unregistered boat hull that has been up on blocks for at least four years and other scattered junk and material throughout the property in plain and flagrant violation of this requirement.The Applicant's disregard for the existing easement obligations is just another example of the applicants disregard of the rules, his neighbors and the community. V. VIOLATIONS of THE TOWN CODE A. The Proposed Use Is a Commercial Aquaculture Facility Subject to the Supplemental Standards of Town Code§280-I3(A)(7) The proposed site plan is, in substance and in fact, an application for a land-based aquaculture facility that is subject to the Supplemental Standards of Town Code § 280-13 (A) (7). The Applicant's attempt to characterize the operation as a"primary residence"with"incidental" agricultural or aquaculture activity is a blatant misrepresentation,as demonstrated by Mr. Peckham's RFSI grant application,which describes the facility as a full-blown commercial processing and distribution facility to be used by multiple commercial fishing operations and is intended to double the current capacity of all shellfish landed in Suffolk County. Even the Town's own Planning Department staff recognized this issue. The Staff Review Memo expressly states: "Staff notes that the application materials reference aquaculture processing and production activities. Section 280-13{A}(7)of the Town Code contains supplemental standards applicable to land-based aquaculture operations."The staff further requested"a detailed cover letter describing site operations"to clarify whether the proposed action meets the definition of a land-based aquaculture operation and stated that" tlhe applicability of these provisions should be confirmed by the Building Department/Zoning Administrator."As far as we can tell,an accurate description of the planned activities at the site was never submitted. This is planned to be the largest aquaculture site in Suffolk County. The term"Aquaculture"is defined at Section 280-4 of the Code. It provides: "The bredding, cultivation, planting , containment, and harvesting or organisms that are naturally occurring in 5 freshwater including finfish,mollusks, such as snails and clans,crustaceans, such as shrimp and crayfish; and aquatic plants,the term aquaculture is also commonly used to include marine water,or maricultured species,such as o stets ,bay scallops, lobsters, and sugar kelp," Notwithstanding the definition,the site plan concedes that aquaculture facilities will be conducted at the site and the RFSI grant application confirms that aquaculture is in fact the main purpose of the project—to harvest, process and distribute 4 million oysters a year. The Aquaculture.Facility Requirements. Town Code § 280-13(A)(7)perm its land-based aquaculture operations in the R-80 district o,,,,,y if all of the following supplemental standards are met: "(7)Land-based aquaculture operations, including research and development, which tweet the following standards.- (a) The land-based aquaculture operations shall be on a parcel that is at least seven acres, awned by the land-based aquaculture operator. (b) The structures used,for land-based aquaculture operations shall be set back a minimum of I d D.feet from any road and 200,feet front any contiguous parcel. (c)Any land-based aquaculture operation shall take place in a fully enclosed structure. (d)Any land-based aquaculture operation shall be entitled to a retail area not more than T 0 of the grossfloor-area o f'the structure in which the land-based aquaculture takes place.f or the direct marketing of its products. (e) Land-based aquaculture operations shall be subiect to site plan approval by the Planning Board „ The Applicant cannot satisfy any of these requirements: • Minimum Seven-Acre Parcel owned by the operator(§ 280-13(A)(7)(a)): The buildable development area(Area-I A) is only approximately 2.05 acres(84,281 square feet as shown on the site plan) far less than the 7-acre minimum. Even the entire 14.25-acre lot cannot be used because approximately 12.2 acres are encumbered by the PLT Development Rights Easement. Moreover,the statute requires the parcel be"owned by the land-based aquaculture operator."wRoC LLC is the aquaculture operator, but the parcel is owned by DHC Land LLC, a Delaware limited liability company that appears to be controlled by Dirt Capital Partners, a private equity firm.The operator does not own the parcel. • Road and Contiguous-Parcel Setbacks (§ 280-13(A)(7)(b)): Structures must be set back 100 feet from any road and 200 feet from any contiguous parcel. within the approximately 2-acre development area, it is physically impossible to site the proposed structures a 2,976-square-foot pole barn, a 1,451-square--foot agricultural production building, a 1,440-square-foot greenhouse, a 1,316-square-foot farmhouse, and a 288- square-foot farm stand while maintaining Zoo--foot setbacks from the R-40 residential properties to the south and all other contiguous parcels, plus a I00-foot setback from New Suffolk Avenue. 6 • Fully Enclosed Structure (§ 280-13(A)(7)(c)): The Code requires that land-based aquaculture operations take place in a"fully enclosed structure."The proposed site plan contemplates outdoor dock receiving of shellfish from third-party growers, outdoor staging and loading areas,and farm tours of aquaculture production areas. These activities are not conducted within a fully enclosed structure, in violation of this requirement. • Site Plan Approval Under False Pretenses (§ 280-13(A)(7)(e)): while the Applicant has submitted a site plan, it has done so under false pretenses characterizing the project as a residential/agricultural operation rather than a land-based aquaculture facility. Site plan approval under this provision requires the Board to evaluate the application as a land- based aquaculture operation,applying all of the supplemental standards above. The Board cannot meaningfully review the application when the Applicant has failed to accurately describe the planned activities at the site. The "Fa rho use"Is Employee Iousitgor the 'aczlrty. The Applicant's own Letter of Intent describes the proposed"Farmhouse"as a dwelling for a"farmer/owner/operator who is in full- time residence and actively engaged in farming.'The RFS1 grant application references housing for the farm owner-operator as part of the facility infrastructure. Under Town Code §280-4B, a "Farmhouse"is defined as"a principal dwelling on a farm operation used exclusively by a farmer/owner/operator ... or as housing for the faa.n operation's workers."This is not a primary residence to which farming is incidental it is employee housing that is a component of the commercial operation. And what happens when Mr. Peckham moves out once it is builtl l The R SI Grim Application Confirms the Primary Use. The R F S I Grant Application removes all doubt. It describes processing of up to 2,000,000 oysters at this facility annually,aggregation and distribution services for multiple growers, installation of industrial grading equipment sorting 15,000 shellfish per hour, HACCP-compliant commercial kitchen processing approaching 1,000,000 pieces of value-added products per year, and climate-controlled storage accessible to a minimum of five Beginning Farmers.No reasonable person could characterize a facility of this scale and commercial purpose as `incidental"to a 1,316-square-foot residence. The End-stun Must.Be Rejected. The Applicant's strategy is transparent; label the facility a "primary residence"with"accessory agricultural uses"to make an end run around the Town Code. But the Board is not bound by the Applicant's self-serving characterizations.The substance of the application a nearly $850,000 federally funded commercial processing facility handling millions of oysters for regional distribution is what controls.The Town Code's supplemental standards for aquaculture exist precisely to protect residential neighborhoods from operations of this scale. Permitting this application as submitted would render those protections meaningless. 7 V1.Material omission of Aquaculture Use from the Building Department Application The Applicant's Letter of Intent to the Building Department,dated January 22, 2026, describes the proposed structures as"accessory to the property's principal agricultural use"without adequately disclosing the aquaculture processing operation.Nowhere in that submission does the Applicant forthrightly state that the facility will process up to two million oysters annually, serve as a regional aggregation hub for multiple growers, or house industrial processing equipment funded by a federal grant exceeding$840,000.Nor will the site be primarily used for farming. Only about two to three acres of the site are currently farmed.The proposed structures are completely unnecessary to process or store flowers and vegetables from a three-acre farming operation. The facilities are designed for the site's true primary use—a commercial shellfish processing,packaging and distribution facility with numerous oyster boats using the residential dock to unload their product and trucks coming in and out of the site to distribute the product. The SEQRA application is similarly misleading. It describes the nature and extent of action a "(1)Agricultural Barn,(1)Agricultural building and(1) single family dwelling". This is materially inaccurate as it is an aquaculture facility and the wholly fails to convey the industrial scale and commercial character of the operation. This constitutes a material omission designed to circumvent review under the aquaculture supplemental standards. The Building Department and Planning Board cannot make informed decisions when the applicant deliberately conceals the true nature and scale of the proposed use. vil. Use of a Residential Dock as a Commercial Dock 280 A. (B) (3)only allows boat docking facilities for the docking, mooring or accommodation of "noncommercial boats". Mr. Peckham has already been regularly violating this provision. The Applicant obtained dock approval from the Trustees for residential use. In fact, Mr. Peckham attempted to obtain approval to put a davit on his dock and include other features for commercial use.The Trustees rejected all aspects of the application that sought to mare the dock suitable for commercial use. However, the site plan and grant application indicate that oyster boats from other companies will deliver oysters to that dock for processing at the facility.This constitutes commercial dock use the dock will serge as a receiving point for commercial shipments from multiple third-party growers who will bring product to the facility for aggregation, grading, and distribution. Commercial docks are only permitted in Marine districts. The dock is not in a marine district and is on a residential creek with recreational boats. Mr. Peckham has already started to use the dock in connection with wROC's commercial oyster fanning business in violation of the rules. He keeps a commercial boat at the dock and uses it to haul traps and perform other tasks in connection with the commercial oyster farming business. V i l 1. Failure to Provide Required Landscaping and Screening 8 The Town Code requires screening for agricultural and aquaculture operations to protect neighboring residential properties. See Town Code § 280-15. The proposed site plan fails to provide adequate landscaping or screening between the commercial processing operations and the R-40 residential properties immediately to the south. Given the intensity of the proposed use industrial processing equipment,commercial deliveries,multi-grower aggregation operations the absence of any meaningful screening plan is a glaring deficiency that directly harms the neighboring residential community. IX.The Property Is Not the Applicant's Primary Residence The Applicant's claim that the proposed 1,316-square-foot farmhouse will serve as his"primary residence" and that the massive commercial processing operation is merely"incidental"to that residence fails both logically and legally. First,the Property is not currently the Applicant's primary residence. For an `incidental use" claim to have any validity,the Applicant must already reside on the property and be proposing something genuinely incidental to that existing residential use. one cannot build a commercial processing facility and a house simultaneously and claim the facility is `incidental"to a residence that does not yet exist. Second,the scale disparity is absurd. The"residence"is a I,31 6-square-foot structure. The commercial operation involves nearly$850,000 in capital investment, industrial equipment processing 15,000 shellfish per hour,climate-controlled storage serving five or more growers,, and projected throughput of millions of oysters annually.No reasonable person could conclude that the commercial operation is"incidental"to this modest dwelling. Third,and most critically: nothing prevents the Applicant from selling or vacating the residence while the commercial operation continues. Three years from now,when a 1,316-square-foot house proves inadequate, the Applicant can simply move out and the community will be left with a fully operational commercial aquaculture processing facility in the middle of a residential neighborhood,owned by a private equity firm,with no mechanism for the Town to compel its removal.How will the Town monitor and enforce the "primary residence"requirement?It cannot. The"primary residence"label is a pretense to obtain approvals that would otherwise be denied and it is not the type of primary residence that could be sold to new owner. Nobody looking for a home on the North Fork is going to buy this 1300 square foot space with employees living above as their primary residence. X. Proposed Building Heights Violate the Code The Applicant's own site plan compliance table for the Pole Barn on pages 34--35 confirms multiple violations of Town Code § 250-15. The table lists a maximum permitted height of 22.0 feet and a proposed height of 25.5 feet an excess of 3.5 feet and the compliance column does not state"YES."The same table lists a maximum permitted square footage of 2,512 square feet 9 and proposed square footage of 2,976 square feet an excess of 464 square feet with compliance narked "TBD."The site plan also classifies the Pole Barn's occupancy as"B FOOD PROCESSING.EST.,"a commercial/business classification rather than an agricultural classification. These admissions in the Applicant's own plans demonstrate that the Pole Barn does not comply with the dimensional limits of§280-15 and cannot be approved as a compliant agricultural accessory structure. XI.Improper SEQRA Type II Classification The Planning Board classified this project as a Type 11 Action under SEQRA pursuant to 6 NYCRR Part 617.5(c)(4) for"agricultural farm management practices,including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of fanning."However,a nearly$850,000 commercial aquaculture processing facility with industrial grading equipment, a HACCP--compliant commercial kitchen, and climate-controlled storage serving multiple growers is not an`agricultural farm management practice."The Type II classification is inappropriate and effectively denied the community the environmental review to which it is entitled. Indeed, the SEQRA application described the extent of the action as an agricultural barn,agricultural production facility and single family dwelling. That is completely inaccurate.At minimum,the Board should reclassify this action and require a full SEQRA environmental assessment. XII.The Applicant's Own Site Plan Admits Commercial Use The Applicant's own site plan documents contradict the characterization of this project as a simple agricultural operation with a residence. The Pole Barn is classified under occupancy Classification"B FOOD PROCESSING EST."—a commercial/business use classification,not an agricultural one.The sanitary system calculations on the site plan allocate separate flow for a "Single Family Residence" (300 gpd), "Non Medical Office Space" (90 gpd), and"Commercial Kitchen/Agricultural Processing"(56 gpd),totaling 446 gpd for System 1 alone. A second sanitary system is designed for additional"Agricultural Processing/Commercial Kitchen"(38 gpd)and"Greenhouse"(44 gpd) loads. The Applicant's own engineers thus acknowledge what the application attempts to conceal: this is a commercial operation requiring commercial infrastructure. XI11. Incomplete Application: Missing Parking Calculations and Surface Details The Planning Department Staff Review Memo identified that no parking calculation per Town Code §280-78 has been provided. Ten parking stalls are proposed adjacent to the farm stand and two between the Pole Barn and farmhouse,but the Applicant has not demonstrated compliance with the parking requirements. Additionally, surface type details for the driveway and parking areas were not provided. The Board should not approve an application that remains incomplete as to these basic site plan requirements. 10 II. CONCLUSION The proposed site plan is,at its core,an application for a commercial aquaculture processing facility on a site that cannot lawfully accommodate one. The approximately 2-acre buildable area does not comply with the 7-acre minimum,the Zoo-foot contiguous-parcel setback and l oo-foot road setback requirements, the fully enclosed structure mandate,the i 0%retail cap, or the requirement that the parcel be owned by the aquaculture operator all as required by Town Code § 280-13(A)(7). The Applicant's own site plan additionally shows that the Pole Barn exceeds the height and square-footage limits of Town Code § 280-15;the project was improperly classified as a Type 11 action under SEQRA;the site plan itself admits commercial use;and the application remains incomplete because it lacks required parking calculations.No amount of creative labeling can change these fundamental deficiencies. Moreover,the application omits or misrepresents critical information, including: That the Applicant intends to use the Property primarily as a commercial aquaculture processing and distribution facility handling millions of oysters annually; That the Applicant intends to use a residentially approved dock as a commercial receiving dock for third-party growers having previously been denied a commercial dock; • That the overlay Easement prohibits the proposed structures in the proposed location as they must be built in the designated Agriculture Structure Area That the Applicant does not appear to be the"owner"within the meaning of the Town Code, but rather a Delaware LLC controlled by a private equity firm; That the parcel is not``owned by the land-based aquaculture operator"as required by § 280-13(A)(7)(a), because DHC Land LLC(a Dirt Capital entity)owns the parcel while wROC LLC operates the aquaculture business; That the Pole Barn exceeds the maximum height of 22 feet and maximum square footage limits under Town Code § 280-1.5,as shown on the Applicant's own compliance tables; That the SEQRA Type 11 classification is improper for a commercial aquaculture processing facility of this scale; • That the Applicant's own site plan documents classify the Pole Barn as"B FOOD PROCESSING EST."and allocate sanitary capacity to commercial kitchen and agricultural-processing uses; That the application remains incomplete because no parking calculations under Town Code § 280-78 or surface-type details for the driveway and parking areas have been provided; 11 That the application is intentionally structured to mislead the Planning.Board into permitting a commercial facility that could not achieve approval if its true nature and scale were honestly disclosed. This application is designed to evade the Town's zoning and environmental protections through deliberate obfuscation. It also endangers the creek and the wetlands since the PLT Overlay Easement located those buildings on Maratooka Road, not along the 100 foot buffer zone of the creek. The Planning Board cannot approve this Site Plan as it is patently illegal and endangers the environmental quality of the Greek. We reserve all rights to supplement this submission and to present additional evidence at the public hearing. Respectfully submitted, s i i '• ;tea �f Sadis& Goldberg LLP Douglas and Leslie Hirsch cc: Town of Southold Building Department Peconic Land Trust 12 Application: 0000000249 Will Peckham -will@westrobins.com NYS Resilient Food Systems Infrastructure Grant (RFSI) Eligibility Determination and Application: Infrastructure Summary ID: 0000000249 Last submitted:Aug 29 2024 06:15 PM (EDT) Application Form . Completed-Jun 28 2024 Application Form Applicant Information Applicant Organization Name: WROC LLC Entity Type (add option from check box below): Limited Liability Corporation UEI: Z3N7TTKSRX77 Phone Number: 631-292-0260 Email Address: wiliCubwestrobins.com Physical Address Street: 4180 New Suffolk Avenue City: Mattituck State: NY Zip: 11952 Is physical address the same as your mailing address? No 1 / 29 Mailing Address (if different from above) Street: PO Box 2218 City: Southampton State: New York Zip: 11969 Primary Point of Contact Name: Will Peckham Title: Managing Member/ Farmer Phone Number: 631-292-0260 Email Address: will@westrobins.com Mailing Address Street: PC Box 2218 City: Southampton State: NY Zip: 11969 2 / 29 DISTRESSED COMMUNITIES INDEX Using the Distressed Communities Index Map, provide the community distress score for the county(ies) benefiting from your project. Note: U.S. Territories are not required to submit Distressed Communities Index data. Click the + or- button to add or remove items as needed. FOR EXAMPLE* County 1: 'Ulster' Distress Score 1: '40.5' County 2: 'Columbia ' Distress Score 2: `35.8' County Distress Score 1 Suffolk 15.8 2 3 4 5 Do you want to add more counties? (No response) TYPE OF: APPLICANT Select applicant type: Agricultural producers or processors, or groups of agricultural producers and processors. 3 / 29 PROJECT TITLE Provide a descriptive project title in 15 words or less in the space below New-construction middle-of-the-supply-chain facility for grading, aggregating and processing DURATION OF PROJECT Project Start Date: Oct 15 2024 Project End Date: Dec 31 2026 4 / 29 EXECUTIVE SUMMARY Include a project summary of 250 words or less suitable for dissemination to the public.A Project Summary provides a very brief (one sentence, if possible) description of your project.A Project Summary includes: 1. The name of the applicant organization that if awarded a grant will establish an agreement or contractual relationship with the State Applicant to lead and execute the project, 2. The project's purpose, deliverables, and expected oLItcomes; and 3. A description of the general tasks/activities to be completed during the project period to fulfill this goal. WROC, LLC will outfit a new-construction middle-of-the-supply-chain facility for postharvest grading, aggregating, and processing thereby expanding market access for at least five Beginning Farmers producing crops ranging from oysters to organic vegetables. Specific tasks include outfitting a new construction barn with: specialized post- harvest grading equipment; efficient cold storage; solar power; HAACP compliant on--farm processing equipment for value-added products. The successfully completed infrastructure project will expand processing capacity and production volume while supporting new value-added New York products available locally in shelf-stable forms. PROJECT PURPOSE 5 / 29 APPLICANT PROJECT TYPE (EACH PROJECT MAY INCLUDE MORE THAN ONE) Responses Selected: Expanding processing capacities, including adding product types, increasing production volumes, and supporting new wholesale/retail, product lines; Modernizing equipment or facilities through upgrades, repairs, or retooling; (e.g., adapting product lines for institutional procurement or adding parallel processing capacity); Purchase and installation of specialized equipment, such as processing components, sorting equipment, packing and labeling equipment, or delivery vehicles; Enhancing worker safety through adoption of new technologies or investment in equipment or facility improvements; Increasing storage space, including cold storage; Develop, customize, or install climate-smart equipment that reduces greenhouse gas emissions, increases efficiency in water use, improves air and/or water quality, and/or meets one or more of USDA's climate action goals; Modernize equipment or facilities to ensure food safety, including associated Hazard,Analysis, and Critical Control Points (HACCP)consultation, plan development and employee training; Training on the use of all equipment purchased under the grant and associated new processes. Construction of a new facility; The U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) has developed an environmental screening process to review grant projects for environmental compliance with the ;National Environmental Policy Act (NEPA) and other Federal environmental statutes. All applicants are required to complete this form, which will help the FFCF determine what level of additional environmental review is required to advance your application. Please follow the link to download the form. once completed, attach it to this application using the "Upload a file" below. USDAApplicant Environmental Questionnaire.pdf Filename: USDAApplicant Environmental Questionnaire.pdf Size: 1.2 MB If your project requires any State, County or Local permitting, have you secured all required permits"? No 6 / 29 Has a NYS Environmental Assessment Form been completed? Yes Please attach} the fern. NYS SEAF WROC LLC RFSl.pdf Filename: NYS SEAF WROC LLC RFSI.pdf Size: 807.8 kB PROVIDE THE SPECIFIC ISSUE, PROBLEM OR NEED THAT THE PROJECT WILL ADDRESS Due to the high cost of land and difficult market access, beginning farmers in Eastern Suffolk County struggle to access necessary post-harvest infrastructure to aggregate, store and process their crops. These barriers to scale prevent small farm businesses from growing to a long-term sustainable size. This problem is especially acute for the region's shellfish farmers in Peconic Bay due to limited waterfront access and marginal cold storage, mostly located far from the area of harvest. Without viable climate-controlled storage and processing facilities nearby, shellfish growers are limited to the sale of whole, in-shell crops (oysters, clams, scallops)at nearly 1/3 the selling price they may receive for value-added and shelf-stable products. WROC, LLC recently purchased approximately 15 acres of waterfront agricultural land (located in an agricultural district) and has plans in place with permits pending to construct a - 2,000 square foot waterfront climate-controlled grading, aggregating and processing facility. Through the automated grading process, portions of crops normally thrown out may be designated for processing and subsequent manufacturing of value-added products, including shucked-and breaded shellfish, shellfish chowders and more. The middle-of-the-supply-chain facility will enable significant expansion of production and processing capabilities for WROC, LLC as well as other shellfish growers in the Great and Little Peconic Bays. In addition to the storage, grading and processing of cultivated shellfish crops, the applicant is leasing upland acreage to two local organic vegetable growers who will also have access to the processing equipment for the processing and storage of value-added products.Altogether, the successful execution of this project will expand infrastructure access for at least five Beginning Farmers and may facilitate the creation of new local sales channels of shelf-stable New York products to local institutional buyers including schools. 7 / 29 How does your project align with Federal and State RFS1 priorities? This project supports infrastructure development that will expand local farm businesses' capacity,for processing, aggregation, storage and distribution. It will provide targeted development of processing infrastructure to the shellfish and organic vegetable market segments. WROC, LLC is a New York State agricultural producer developing infrastructure that will benefit multiple producers in the middle-of-the-supply-chain.As a new construction facility, the project will incorporate modern, specialized post-harvest grading equipment and a HAACP compliant processing kitchen. This climate-smart project will select modern refrigeration systems with low-GWP refrigerants, LED lighting, robust insulation and rooftop solar to louver project-specific greenhouse gas emissions. Furthermore, because of the significant included match and already-committed growers, a minimum of five Beginning Farmers will have access to this infrastructure at a relatively love cost, showcasing efficiency with infrastructure Investment. 8 1 29 PROVIDE A MST OF THE OBJECTIVES THAT THIS PROJECT HOPES TO ACHIEVE Objective Description Construct new climate-controlled storage space Objective 1 accessible to multiple shellfish and vegetable growers Objective 2 Aggregate and store crops and processed products for shipment for a minimum of five Beginning Farmers Acquire and install specialized post-harvest grading Objective 3 equipment that is roughly 10 times more efficient than hand-sorting, enabling scalability Construct new processing kitchen for the HAACP- objective 4 compliant production of value-added products Support new wholesale and retail product lines for local shellfish growers including shucked product, shucked- Objective 5 and-breaded frozen product and frozen stews and chowders available to institutional customers including local schools Objective 6 Objective 7 PROJECT BENEFICIARIES (AS DEFINED IN THE PROGRAM SCOPE AND REQUIREMENTS) Estimate the number of project beneficiaries: 5-8 Does this project directly benefit: Check box for all that apply below Responses Selected: New and beginning farmers and ranchers? Veteran Producers? OTHER SUPPORT FROM FEDERAL. OR STATE GRANT PROGRAMS 9 1 29 Has thimprojeo\beensubmittedfor -funding toa Federal m State grant program other than the RPS| and/or ima Federal orState grant program other than the RFSI funding the project currently? If yes, please explain below: No EXTERNAL PROJECT SUPPORT Describe the stakeholders who support the need for this project and why (other than the applicant and organizations involved in the projeo0. Stakeholders who support this project include local New York State farmed shellfish growers' associations and industry experts including Long Island Oyster Growers'Association, Cornell Cooperative Extension Marine and the Long Island Rann Bureau. These organizations support this project because they recognize the acute need for middle-of-the-supply-chain infrastruoture in the industry at kange, but more specifically in our local region where prohibitively high land and infrastructure costs prevent local New York State producers from being able to adequately supply the New York market.As a result, our competitors from different states and territories with more readily available middle-of-the-supply-chain infrastructure (for example, the Chesapeake region and Northeast Canada)control a disproportionately large share of the New York State market for both unprocessed and processed shellfish products. Other stakeholders and beneficiaries include fellow shellfish farmers and downstream Customers including local restaurant groups and institutional buyers. Each applicant must include at least one letter ofsupport and a maximum of three letters of support for the project. Please attach the Letters ofSupport WROC RFS1 Letter of Support CCE.Q�� F1|ensma: VVROCRRS/ Letter of Support CCE.pdf Size: 1QO.7kB WROC RFSI Letter of Support-����Q�� Fi|enama: VVROC RFS| Letter ofSupport HDC:.pd[ Size: 348.8 hB WROC RFSI Letter of Support =|FB.,Qdf Fi|ename/ VVROCRFSl Letter of Support L|FB.pdfSize: 558.9kB lO / 20 EXPECTED PERFORMANCE MEASURES The outcomes and performance measures below provide a framework that allows grant recipients to track and evaluate project activities. Please provide expected numbers based on the projects scope of work. The section begins with outcome 2. OUTCOME 2: CAPACITY IN THE MIDDLE of THE SUPPLY CHAIN FOR LOCAUREGIONAL FOOD PRODUCTS Expected Numbers 2.1. Number of new facilities constructed: 1 2.2. Number of existing facilities improved or expanded: o 2.3. Number of processing equipment units purchased 5 and installed: 2.4. Number of processing equipment units modernized 1 through upgrades, repairs, or retooling: 2.5. Number of aggregation, storage, distribution 2 equipment units purchased and installed: 2.6 Number of aggregation, storage, distribution equipment units modernized through upgrades, repairs, o or retooling: 2.7 Number of employees trained on new equipment 5 and processes: 2.8 Number of employees that received food safety 3 training: 2.9 Number of employees that received worker safety 5 training: 2.10 Number of new or improved wastewater 1 management systems: 2.11 Number of new or improved information technology 0 syste ms: 11 / 29 OUTCOME 3: INCREASE ECONOMIC VIABILITY OF LOCAL/REGIONAL PRODUCERS AND PROCESSORS Expected Numbers 3.1 Number of new jabs created: 2 3.2 Number of local/regional agricultural producers wh❑ benefited from the new or improved 8 processing/aggregation/storage or distribution capacity: 3.3 Number of new local/regional products processed, 3 aggregated, stored or distributed: 3.4 Number of new value-added products developed: 3 3.5 Number of new market-outlets established: 2 3.6 Percent increase of new market opportunities 50+ 3.7 Percent increase of NYS farmer beneficiaries 50+ PROJECTS THAT INVOLVE PROCESSING (please mark N/A if not relevant to your project) Please describe the volume (pounds) and percentage of NYS-grown and raised products that you currently process and what your capacity will be at the completion of the project. WROC currently processes roughly 10% of its gross harvest or around 40,000 shellfish pieces per year into shucked meats. This processing takes place at a third-party, contract facility that is both expensive and distant from our on-farm production operation.At the completion of this project, WROC will qualify for a NYSDEC Class B Shellfish Processor Permit. We estimate that the total volume of crops processed into value-added products could approach 1,000,000 pieces per year by 2027 (-250,000 lbs)with further development into the mid single-digit million piece range in a 10-year period. 12 129 PROJECTS THAT INVOLVE AGGREGATION AND DISTRIBUTION (please marls N/A if not relevant to your project) Please describe the volume (pounds) and percentage of NYS-grown and raised products that you currently handle and what your capacity will be at the completion of the project. Currently, WROC LLC farms approximately 400,000 oysters (--80,00❑ lbs) per year and aggregates and transships another 80,000 farmed oysters.At the completion of the project, our production and storage capacity will increase to over 2 million farmed pieces (---400,000 lbs)with further capacity to aggregate and distribute another 2 million farmed pieces. These projections would roughly double the current reported landings of the Suffolk County Shellfish Aguaculture Program. Transforrnatively, this project would enable WROC to upgrade from a NYSDEC Shipper D credential to a Shipper A credential, allowing us to reship, pack and repack cultivated shellfish purchased from holders of valid shellfish shipper permits. Budget Farm Completed-Oct 312024 NYS Budget Form 13 1 29 Budget Summary: The budget must show the total cost for the project and describe how category costs listed in the budget are derived. The budget jus tifica tion must provide enough detail for reviewers to easily understand how costs were determined and how they relate to.the Project Objectives and Expected Outcomes. The budget must show a relationship between work planned and performed to the costs incurred. You may add additional rows to a table as needed. Refer to the USDA Program Scope and Reguirements section 4.4 for more information on allowable and unallowable expenses. Please be sure to list and justify all expenses to be covered with matching funds separately and where they will be coming from. THIS FORM REQUIRES YOU TO SCROLL TO THE RIGHT USING YOUR TAB BAR TO LIST YOUR MATCHING FUNDS. Select NIA if you are not applying Matching Funds to that budget item. If applicable, ensure that you have included Critical Resources and Infrastructure letter(s) to Support the application information. MATCHING FUNDS All eligible entities must provide a 50% match OR a 25%graduated match of the total project cost See Section 1.5.3 of the Program Scope and Requirements for more information, Applicants must submit written and signed verification of match commitment from any party, including the eligible entity, who will contribute a match of non-Federal resources to this project. SELF-CERTIFICATION FOR GRADUATED MATCH To qualify for the 25% graduated match, the applicant must meet the definition of one of the following groups. See section 1.5.3 of the Program Scope and Requirements for definitions and additional information. Responses Selected: Beginning Farmer or Rancher By checking this box, I certify that my entity qualifies for the graduated match reduction of 25% 14 / 29 Signed Verifications of Match To submit a Match Verification Letter, download this form, complete it, and attach it through the "Upload a file" link below. Match Verification WRAC LLC -- 2.pdf Filename: Match Verification WROC LLC-- 2.pdf Size: 246.1 kB Evidence of Critical Resources and Infrastructure To submit a Critical Resources and Infrastructure Letter(s), download this form, complete it, and attach it through the "Upload a file" link below, WROC Evidence of Critical Resources - RFSI Grant 2024.pdf Filename: WROC Evidence of Critical Resources - RFSI Grant 2024.pdf Size: 216.6 kB WROC Peckham approval letter signed.pdf Filename; WROC Peckham approval letter signed.pdf Size: 245.8 kB 15 129 BUDGET Expense Category: Funds Requested Match Value Match Type Personnel 0 7000 In-Kind Fringe Benefits 0 0 NIA Trave 1 0 0 NIA Equipment 323500 0 NIA Supplies 0 0 NIA Construction 226750 203816.67 Cash Contractual 82200 0 NIA Other 0 0 NIA Direct Costs Sub-Total 632450.0 210816.67 Funds Requested Match Value Match Type Indirect Costs Total 0 0 NIA Total Budget Funds Requested 632450 Match Value 210816.67 16 129 PERSONNEL List the personnel whose time and effort can be specifically identified and easily and accurately traced to Cooperative Agreement activities. Personnel Level of Effort (# Funds Match Value Match Type Name/Title of hours CAR % Requested FTE) 1 Will Peckham 10% FTE 0 7000 In-Kind 2 3 4 5 Do you want to add more personnel? No 1.7 1 29 PERSONNEL. JUSTIFICATION For each individual listed in the above table, describe the activities to be completed by name/title including approximately when activities will occur.Add more personnel by copying and pasting the existing list or deleting personnel that aren't necessary. FOR EXAMPLE: Personnel 1: Description and justification Personnel 2: Description and justification Personnel 1: Will Peckham (Managing Member& Farmer, II ROC LLC).Approximately 10% of Willis time for a one- year period during the duration of this project. Specific tasks will include overall project management including organizational work with contractual general contractors and subcontractors. Mr. Peckham's primary focus will be on budgeting, reporting, and grant compliance from the period December 2024 to December 2025, which is assumed to contain the bulk of the construction project {depending on grant funding timelines} 18 1 29 EQUIPMENT Describe any special purpose equipment to be purchased or rented under the award. "Special purpose equipment" is tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost that equals or exceeds $5,000 per unit and is used only for research, medical, scientific, or other technical activities. Rental of"general purpose equipment" must also be described in this section. Purchase of general-purpose equipment is not allowable under this award. Equipment Rental or Acquisition Funds Match Value Match Type Item Purchase Date Requested Description Vision grader, automated packing 1 Purchase January 2025 178000 0 NIA system a n d associated peripherals HVAC, fold December 2 Processing Purchase 2024 48000 0 NIA Room Processing December 3 Kitchen Purchase 97500 0 NIA 2024 Outfitting 4 5 Is there any more equipment to add? No 19 1 29 EQUIPMENT JUSTIFICATION For each Equipment item listed in the above table describe how this equipment will be used to achieve the objectives and outcomes of the project. Add more equipment by copying and pasting the existing listing or delete equipment that isn't necessary. FOR EXAMPLE: Equipment 1: Description and justification Equipment 2: Description and justification Equipment 1 (Vision Grader): This equipment is a specialized machine to automatically'cull' or sort farmed shellfish post-harvest by size, volume and quality. It is capable of sorting up to 15,000 shellfish per hour using artificial intelligence and machine learning (vision grading). Compare this to our average manual sorting rate of 600 pieces per hour per worker. The machine can be staffed by one to two skilled workers. This will expand industry capacity in a 'shared use' model where multiple farmers may grade their product on the machine, saving them time and producing a better product. Furthermore, the machine can sort farmed shellfish meant for processing (large, poor 'Shape') into a batch that may then be directed to the processing kitchen where value-added products including shucked-and-breaded shellfish or shellfish chowders can be made from what would otherwise be a waste product. Quote includes peripherals including product pre-washer, automated bagging system, air compressor. Equipment 2 (HVAC, Cold Processing): Necessary from a food safety perspective to cool the portion of the building containing the vision grader to 42 degrees. This will maintain compliance with NYSDEC and FDA regulations for the storage and processing of farmed shellfish. This cooling unit is necessary to provide adequate climate-controlled storage space to multiple producers. Equipment 3 (Processing Kitchen outfitting): This equipment includes a hood ventilation system, fire suppression, range, tilt-skillet, kitchen-scale refrigeration, specialized shucked shellfish sanitary tables, a floor mixer and wash sinks. This equipment is necessary to achieve the goal of creating HAACP compliant processing capacity to produce Value-added-products from farmed shellfish and organic vegetable production. 20 / 29 CONSTRUCTION Describe costs including administrative and legal expenses, structures, relocation expenses and payments, architectural and engineering fees, project inspection fees, site work, demolition and removal, construction, and miscellaneous expenses related to modernizing or expanding a new or existing facility. Description Acquire When? Funds Match Value Match Type Requested Building Materials and 1 2025 0 173200 Cash Barn Construction Concrete Work: 2 2025 28000 11091.30 Cash ICF, Pad, Drains 3 Electrical 2025 28750 12000 Gash Plumbing/Public 4 2025 15000 2325.37 Cash Ovate r 5 Sanitary System 2025 93000 0 N/A Are there any other construction to add? Yes 21 / 29 CONSTRUCTION Describe costs including administrative and legal expenses, structures, relocation_expenses and payments, architectural and engineering fees, project inspection fees, site work, demolition and removal, construction, and miscellaneous expenses related to modernizing or expanding a new or existing facility. Description Acquire When? Funds Match Value Match Type Requested 1 Rooftop Solar 2025 56000 0 NIA Conveyor 2 2024 6000 5200 In-Kind Modifications 3 4 5 22 129 CONSTRUCTION JUSTIFICATION Describe the need for construction costs. For projects involving construction, include any design and construction documents. If you are selected for funding, the grantee will be required to follow all applicable federal regulations regarding the construction activities. FOR EXAMPLE: Line Item 1: Description and justification Line Item 2: Description and justification 1. Building Materials and Barn Construction: Quote for construction of building envelope including walls, flooring system, insulation.Applicant match $173,200 in cash. This is the building envelope for the proposed processing and aggregating building. 2. Concrete Work: ICF, Pad, Drains: This cost includes all concrete work for the facility. Comprised of Insulated Concrete Forms for the first story to achieve excellent insulation (R40+ walls). Includes insulated floor pad and floor drains for agricultural grading and processing area. 3. Electrical: Necessary to power the processing and aggregating building. This system will include single phase and three phase power and associated panels and equipment. 4. Plumbing & Public Water Hookups: This is necessary for the project as there is no existing municipal water source on site. The applicant prefers municipal water service connection to mitigate frequent well-testing requirements for processing water that would otherwise be required by NYSDEC. 5: Sanitary System: New, Innovative/Alternative (I/A)low-nitrogen septic system servicing the processing facility. This is speed with grease traps and solids dewatering for the processing and aggregation building. 6. Rooftop solar: This is necessary to achieve our climate-smart goal in this new construction facility. Because HVAC equipment is necessarily energy-intensive, we would like to generate electricity from renewable sources onsite to offset greenhouse gas contributions. 7. Conveyor modifications:Applicant will make an in-kind contribution of an existing washdown upfeed conveyor which needs customization by a local fabricator to be able to be used as a functioning component of the post- 23 / 29 harvest Vision grading line, CONTRACTUAL/CONSULTANT Provide a list of contractors/consultants, detailing out the name, hourly/flat rate, and overall cost of the services performed. Please note that any statutory limitations on indirect costs also apply to contractors and consultants. Contractual Hourly Rate/Flat Funds Match Value Match Type Name/Organizati Rate Requested on Clean Water 1 74200 74200 ❑ NIA Advisors LLC Cornell Food� s000 so❑❑ o NIA Science 3 4 5 Are there more contractors/consultants to add? No 24 1 29 CONTRACTUAL JUSTIFICATION Provide for each of your real or anticipated contractors listed above a description of the project activities each will accomplish to meet the objectives and outcomes of the project. Each section should also include a justification for why contractual/consultant services are to be used to meet the anticipated outcomes and objectives. Include timelines for each activity. If contractor employee and consultant hourly rates of pay exceed the salary of a GS-15 step 10 Federal employee in your area, provide a justification for the expenses. This limit does not include fringe benefits, travel, indirect costs, or other expenses. FOR EXAMPLE: Contractual 1: Description and justification Contractual 2; Description and justification Contractual 1 (Clean WaterAdvisors LLC): This construction management and environmental professional (Chris Clapp, general contractor)will serve as the primary project manager during construction and will interface with will Peckham. Mr. Clapp will provide approximately 70% FTE of an annual salary of$106,000 for requested funds of $74,200. These services will be rendered during the period December 2024 to December 2025, which is assumed to contain the bulk of the construction project (depending on grant funding timelines). Contractual 2 (Cornell Food Science): To provide start-up consultation services around NAACP compliant processing of value-added products. The applicant anticipates developing two-three recipes initially of core products, compliant with NAACP and GMPs including employee training. We need to outsource this expertise because, while will Peckham is HAACP certified, this certification only extends to on-farm shellfish production processes and does not include specific expertise in value-added, shelf-stable products. 25 / 29 CONFORMING WITH YOUR PROCUREMENT STANDARDS By checking the box below, I confirm that my organization followed the same policies and procedures used for procurements from non-federal sources, which reflect applicable State and local laws and regulations and conform to the Federal laws and standards identified in 2 CFR Part 200.317 through.326, as applicable. If the contractors)/consultant(s) are not already selected, my organization will follow the same requirements. Responses Selected: I Confirm Uploads Incomplete RFSI Permitting Completed-Oct 7 2024 Good afternoon RFSI Applicant, In order to proceed with our review of your application, we need you to answer the following questions and submit the corresponding documentation. Please note that this communication is not an indication that your application has been approved for funding. If you have any questions, please contact RFSI ffgrowthfund.org,. RFSl Additional Permits and Forms In order to proceed with our review of your application, we need you to answer the following questions and submit the corresponding documentation. Please note that this communication is not an indication that your application has been approved for funding. If you have any questions, please contact RFSI@ffgrowthfund.org. Submissions are due August 30th, 11;59PM. 1) Does your project require Town, city, State, or any other Planning Board Approval or Permitting? Yes: If the answer is yes, please attach all approvals or provide a detailed description in the space below of where you are in the process of securing all approvals or permits. 26 / 29 Details as needed: Our project may require approval from the Southold Town Planning Board.As a capital project on a farm, the Planning Board can require site plan approval at their discretion. Our project will also require approval from the Suffolk County Health Department. We are still in the application preparation process, having recently received stamped engineering drawings, surveys, and sanitary design. We expect to apply to the Town of Southold and the Southold Town Planning Board in September 2024. Question 1 uploads (If applicable) AO-4108 SITE PLAN-051524.pdf Filename: A0-4108 SITE PLAN-051524.pdf Size: 1.1 MB 2) Does your project require building permits? Yes: If the answer is yes, please attach all approvals or provide a detailed description in the space below of where you are in the process of securing all approvals or permits. Details as needed: Our project will require building permits. We have not applied for building permits yet, as our project is in the pre- application phase. Question 2 Uploads (If applicable) 3) Does your project require a NYS EAF Form? Yes: If the answer is yes, please attach the form or provide a detailed description in the space below of where you are in the process of securing your NYS EAF Form. 27 J 29 Details as needed: (No response) Question 3 Uploads (If applicable) NYS SEAF WROC LLC RFSl a f Filename: NYS SEAF WROC LLC RFSI.pdf Size: 807.8 kB 4) Does your project require a NYS Environmental Impact Statement? No Details as needed: (No response) Question 4 Uploads (if applicable) 28 / 29 5) Please attach all Letters of Evidence Critical Infrastructure and Resources for all infrastructure and resources that are necessary for you to complete this project, regardless of who is currently in control or possession of those projects. Applicants are required to submit a letter indicating the critical resources that are necessary for initiation and completion of the project and certify that they are in place and committed prior to the start date of the project. Critical resources and infrastructure can be facilities, land, structure, use of city street/parks, shared-use kitchen, and/or other resources that are essential for the prosed project activities. Land, structures, and other critical resources must be in place and in working condition at the time of application submission. Please resubmit any letters that accompanied your initial application. Template- httpa.//ffg P_Pi cted/n r/ 2FFR/critical-resource-infrastructure-template-letter.docx p rote ,g, WROC Evidence of Critical Resources - RF:S1 Grant 2024.pdf Filename:WROC Evidence of Critical Resources - RFS1 Grant 2024.pdf Size: 216.6 kB WROC Peckham approval letter slgned.pdf Filename: WROC Peckham approval letter signed.pdf Size: 245.8 kB 29 / 29 USDA Agricultural Marketing Service U.S. DEPARTMENT CAE AGRICULTURE APPLICANT ENVIRONMENTAL QUESTIONNAIRE The purpose of this document is to assist AMS staff in collecting adequate project information to complete a detailed environmental compliance evaluation. Based on a review of the application submitted, further information is required. AMS staff may request further information depending on the information provided by the applicant. 1. APPLICANT ENTITY NAME AND APPLICATION NO.: WROC LLC,ID 0000000249 2. PHYSICAL LOCATION OF THE PROJECT: (INCLUDE GPS COORDINATES AND ADDRESS, LEGAL DESCRIPTION AS NECESSARY) 4180 New Suffolk Avenue,Mattituck,New York 11952. Suffolk County Tax Map Numer 1000-115.40-1 GPS: 40°59'31.09"N, 72030'59.07"W Please address the questions below and provide a copy of supporting documentation as requested. If you are unsure on any of the questions, please select"unknown." SURFACE WATERS YES NO UNKNOWN 1 Will any surface water resource(including wetlands,streams, ponds,or drainage features) be disturbed,diverted,or otherwise impacted during 0 0 construction or after project completion? SOILS AND LAND RESOURCES—GROUND DISTURBANCE YES NO UNKNOWN 2 Will the project involve any ground or soil disturbance? ex. 0 G) 0 excavation/bulldozing of soil 2a If yes to 2 above, is the area of ground disturbance known to contain 0 0 0 contaminated soils? 2b If yes to 2 above,will the project install, remove,or replace any 0 0 0 underground storage tanks? 2c If yes to 2 above, has this soil been previously 0 0 disturbed/altered/excavated? VEGETATION YES NO UNKNOWN 3 Will the project remove or alter existing vegetation or trees at the site? If yes, please provide detail on the kind and amount(ac./sq.ft.)of vegetation 0 0 that will be removed in the box on page 3. Page 1 of 3 CULTURAL RESOURCES(HISTORIC,ARCHAEOLOGICAL,TRIBAL) YES NO UNKNOWN 4 Will the project be located in/on a building that is more than 50 years old? *local tax records usually indicate the date or year a building was 0 0 constructed. If you are unsure of a building's age,please check with your assessor's office 5 Will the project be located within sight of a building that is more than 50 0 0 years old? WATER QUALITY YES NO UNKNOWN 6 Will wastewater(e.g.,sanitary sewage, non-contact cooling water, slurries, dewatering,etc.) be generated during the project and/or after the project 0 0 is complete for release offsite? 7 Is the project facility connected to a municipal wastewater system? If not, 0 0 describe the on-sites stem and capacity in the box on page 3. Y p v p g 8 Is the project facility connected to a municipal water supply system? If 0 0 not describe the on-site system and capacity in the box on page 3. 9 Will National Pollutant Disc,harue EliminLi ion Systems�_i�DE or Clear . 0 0 Wafer Act Pe=mlts be required or currently applicable? SOCIOECONOMIC/ENVIRONMENTAL JUSTICE YES NO UNKNOWN 10 Does the project have the potential to negatively impact the human health or environment of disadvantaged populations, low-income populations, 0 0 and/or Indian tribes and Indigenous communities? AIR QUALITY/CLIMATE CHANGE YES NO UNKNOWN 11 Will air emission-generating equipment be installed or replaced (generators, boilers,fuel burning equipment,or refrigerant containing 0 G) 0 equipment,etc. ? If so provide details or specifications in the box on page � ► p p p g 3. 12 Will the project cause any known increase in air pollutants(carbon 0 0 I.dioxide,greenhouse gases)during project upgrades or operation? HAZARDOUS MATERIALS/WASTE OR TOXIC SUBSTANCES YES NO UNKNOWN 13 Will the project result in the disturbance of lead-or asbestos-containing 0 G 0 materials? 14 Will the project result in the use,storage, or disposal of hazardous 0 0 materials? 15 Will the project involve pesticide application (e.g., herbicide or 0 0 insecticide)? 16 Will the project remove, install, or utilize an aboveground or underground oil or petroleum storage container that is equal to or greater than 55 0 0 gallons(e.g.,fixed or portable storage tanks,drums,base tanks for emergency generators,cooking oil containers,or hydraulic reservoirs)? LAND USE AND UTILITIES YES NO UNKNOWN 17 Will the project result in an increase in utility use(e.g.,natural gas, electricity,water,sewer)? Provide any applicable capacity information or 0 0 specifications in the box on page 3. 18 Will the project result in a change in activities, land use,or zoning 0 G) 0 occurring at the site or facility? 19 Will the project cause long-term noise impacts to the area or impacts 0 G) 0 outside of the allowable times as regulated b local ordinances? g Y 20 Would the project alter or obstruct views or aesthetics in the immediate 0 0 vicinity of the site? Page 2 of 3 Question.3:Vegetation Remove invasive Miscanthus Giganteous grass and other broadleaf weeds. No disturbance of native vegetation or any existing trees >1"diameter. Question 7:water Quality No municipal wastewater service is available in the area(no sewer).The project is currently being spec`d for an I/A(innovative alternative)sanitary system by Bridgewater Environmental.NYSQEC may require additional components including a grease trap or solids separator. Question 17:Land Use and Utilities As the applicant recently purchased the subject land in 2023,electrical service will be upgraded to support the new construction facility.Currently the property service is around 250 amps and the projected new service will be approximately 1,000 amps offset by rooftop solar.The bulk of the new utility service will power cooling equipment for aggregation and processing of climate-controlled farm products. Questions are answered to the best of the applicants'ability. Applicant understands AMS may conduct additional screenings and review of findings will determine any further requirements. AMS reserves the right to deny an application that has the potential for significant environmental impacts, cannot obtain proper permitting, does not meet NEPA or permitting policies or does not provide required documentation. Will Peckham,Managing Member and Farmer,wROC LLC 6/26/24 Name and Title of Prep arer/A pp lican t Date Page 3 of 3 Short Environmental Assessment Form Part I - Project Information Instructions for Com letin Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review, and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part I—Project and Sponsor Information WROC, LLC Name of Action or Project: New-construction middle-of-the-supply-chain facility for grading,aggregating and processing Project Location(describe,and attach a location map): 4180 New Suffolk Avenue, Mattituck,NY 11952 Brief Description of Proposed Action: WROC,LLC will outfit a new-construction middle-of-the-supply-chain facility for post-harvest grading,aggregating,and processing thereby expanding market access for at least five Beginning Farmers producing crops ranging from oysters to organic vegetables.Specific tasks include outfitting a new construction barn with:specialized post-harvest grading equipment;efficient cold storage;solar power; HAACP compliant on-farm processing equipment for value-added products.The successfully completed infrastructure project will expand processing capacity and production volume while supporting new value-added New York products available locally in shelf-stable forms. Name of Applicant or Sponsor: Telephone:p 63 1-292-o2so WROC,LLC E-Mail: will@westrobins.com Address: 4180 New Suffolk Avenue City/PO: State: Zip Code: Mattituck NY 11952 1. Does the proposed action only involve the legislative adoption of a plan, local law,ordinance, NO YES administrative rule, or regulation`? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that F-1 may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES If Yes,list agency(s)name and permit or approval:Southold Town Building Department,Suffolk County Department of Health ❑ 3. a.Total acreage of the site of the proposed action? 15 acres b.Total acreage to be physically disturbed? 0.25 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 15 acres 4. Check all land uses that occur on,are adjoining or near the proposed action: [ ] Urban ❑✓ Rural(non-agriculture) ❑ Industrial ❑ Commercial ❑ Residential(suburban) 2✓ Forest ❑✓ Agriculture ❑✓ Aquatic ❑ Other(Spec i fy): Parkland �' }` SEAF 2019 5. Is the proposed action, NO YES NIA a. A permitted use under the zoning regulations? E]_ b. Consistent with the adopted comprehensive plan? El 1:1 NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: Adjoins Deep Hole Creek � NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? RI E]_ b. Are public transportation services available at or near the site of the proposed action? C. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: Exceedilin nv ! insulation r irmn Ir El 10. Will the proposed action connect to an existing public/private water supply`? NO YES If No,describe method for providing potable water: 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: —1 El No public sewer available.Project to have self-contained 11A system IV 12. a. Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,or that has been determined by the f Park Recreation and Historic Preservation to be eligible for listing on the E]_ Commissioner of the NY5 Office o s, b State Register-of Historic Places`? b. Is the project site, or any portion of it,located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b. Would the proposed action physically alter, or encroach into,any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline El Forest ❑✓ Agri cuIturallgrasslands Early mid-successional ❑Wetland ❑ Urban ❑ Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO YES Federal government as threatened or endangered? Z : 16. Is the project site located in the 1 oo-year flood plan`? NO YES 17. Will the proposed action create storm water discharge, either from point or non-point sources? NO YES If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids(e.g.,retention pond, waste lagoon,dam)? If Yes,explain the purpose and size of the impoundment: 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes,describe: i� 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed) for hazardous waste? If Yes,describe: I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Will Peckham,WROC LLC Date: 6/27/2024 Signature: ,r - Title:Managing Member&Farmer,WROC LLC �. PRINT FORM ■ June 26, 2024 Re: Letter of support for WROC LLC's RFSI Grant Application New-construction middle-of-the-supply-chain facility for grading, aggregating and processing To whom it may concern, After speaking with wROC, LLC concerning their proposed Resilient Food Systems Infrastructure Grant application, I am writing this letter of support to acknowledge the project's innovativeness and potential to help New York State shellfish and organic vegetable farmers access critical infrastructure for the aggregation, storage and processing of their crops. As a shellfish farmer in the Great Peconic Bay, I produce approximately 600,000 pieces annually, all sold live in-shell while facing space constraints in climate-controlled storage and a lack of processing infrastructure. The proposed project would construct a grading, aggregating and processing facility less than two miles from my farm and more importantly, accessible via water directty from the Great Peconic Bay. This will open up new marketing opportunities for myself and others including expansion into higher- margin products like value-added shucked shellfish and ready-to-eat products that I could market to New York State institutional buyers. Sincerely, �.. 1 i Joseph Finora Co-founder Hampton Oyster Company LLC Hampton Oyster Company LLC 15 85 Hobart Road--Southold NY 11971 www.hamptonoysterco.com 104 Edwards Avenue, otij Y a 11 er Y 11933 7 17 ..................... ithc 3. June 26, 2024 Re: Letter of support for WRoC L,LC s RF SI Grant Application New-construction middle-of-the-supply-chain facility for grading, aggregating, and processing To whom it may concern, M After speak_ina with WROC, LaLC concerning their proposed resilient Food Systems lnf rastru cture grant application, I am writing this letter of support to acknowledge the prof ect's innovati veness and potential to help New York State shellfish farmers access critical inf ra stnicture for the a aar�'�a.ti one 0nm oo, nind nrn4�P.vs J n�i of their rrnp� The pronnsed pr(-)i Oct Mould construct a grading, aggregating, and processing facility con��eni.ent to many gro��ers in the Peconic .Estuary Complex and accessible by boat directly from the harvest areas. Suffolk County remains one of the leading Agricultural counties in New York State in terms of (yross sales of crops, However, as costs of production rise and regulations become more stringent, farmers need more avenues to grow and market products including proper food handling techniques for food safety, anact the ability for value added processing as well as aggregating and shipping of products. We feel innovative collaborative ideas such as this will help our farmers to flourish in the future. This climate-smart project would enhance the local throughput of our industry and take us one step closer to cornpeti ng on a level pl ayincy field d with growers in the Chesapeake and Northeast Canada regions who benefit from more accessible infrastructure to serve local New York markets at the expense of New York orrowers. r in.c F �F✓ Robert Carpenter Director WROC LLC 4180 New Suffolk Avenue Mattituck, NY 11952 Email: Will2WestRobins.com Business Phone: 631-292-0260 MATCH VERIFICATION LETTER jW.[.Peckham,:,Maaogm Member Farmer11 .�C ULC 4180'New Suffolk Avenue, Mattituck NY 11952 Dear Will Peckham: We commit to providing the following matching funds to the 2024 RFSI Infrastructure Grant application: "New- construction middle-of-the-supply-chain facility for grading, aggregating and processing" 1. Cash in the total amount of$198,617 10/1/2024 through 12/31/2026. a. Matching funds will be used for the new construction of a building envelope for an agricultural grading, aggregation and processing facility. b. We will provide the following match per year: i. Year 1: 2024, Cash, $35,000 ii. Year 2: 2025, Cash, $163,617 iii. Year 3: 0 2. In-kind contributions in the total amount of$12,200, will be contributed as follows: a. Salaries and wages of staff time for the following personnel: Employee rme Base Rate Year 1: Year 2: Year 3: Descriptionof of Hours of Hours ' of Hours dd additional needed) i ■ or ■ .lent Equivalent Equivalent Will Peckham Managing Member Compliance, $70,000 10%FTE, 0 0 & Farmer organization, annual $7,000 Budgeting b. The following items/activities with a total fair market value of$5,200: Amount Amount Amount Fair Market Value How Fair Market Value (add ■ Donated Donated Donated r ! needed) Upfeed Conveyor 5,200 Average of selling price of $5,200 0 0 similar used machinery available for purchase W 11.Peckham, a.. Ind Member .l ar er'. C ELC Email: Will 2WestRobins.com Physical Address:4180 New Suffolk Avenue, Mattituck, NY 11952 Business Phone: 631-292-0260 Loo I RT :..,,..0 A P I TA L PARTNERS EVIDENCE OF CRITICAL RESOURCES AND INFRASTRUCTURE Will Peckham WROC LLC Mattituck, NY Date: June 26, 2024 Dear Will Peckham: We confirm WROC LLC has the right to construct the proposed project on the critical resource (land premises) at 4180 New Suffolk Avenue and we fully support your 2024 RFSI Grant Application "New-construction middle-of-the-supply-chain facility for grading, aggregating and processing"for the time period of July 2024-July 2033 in the following way: • Approved use of property at 4180 New Suffolk Ave, Mattituck, NY toward these purposes: o constructing new climate-controlled storage space accessible to multiple shellfish and vegetable growers; o Aggregating and storing crops and processed products for shipment for a minimum of five Beginning Farmer; o Acquiring and installing specialized post-harvest grading equipment on site; and o Constructing new processing kitchen for the HAACP-compliant production of value-added products 0 By checking this box, I confirm that the critical resource(s) and infrastructure listed above are in place and usable for the start-up, implementation and completion of the proposed project activities. If requested by AMS, I will submit supporting documentation (e.g. copy of lease agreement, licenses, permits, pictures} of facilities, etc.) as evidence. Sincerely, r L Dominick Grant Managing Director 518-938-1527 32 Main Street, Suite 203A, Chatham, NY 12037 WWW.d irtpa i,tners.com PECONIC iLAND TRUST z� 9 f 12/2024 Will Peckham WROC LLC Mattituck,NY 11952 Re: Koehler Request for Permission Under Conservation Easement Recorded on 09/27/2023 in Liber D00013220 and Page 019 at the Offices of the Suffolk Count-r Clerk Request No:2024--08-29 Dear Mr. Peckham: Thank you for submitting your site plan and Request for.Approval to Brendan d u ri ng your meeting on 8/4. A copy of that request is enclosed,herein. �Approv al Peconic Land Trust approves the following once any and all other required regulatory approvals have been obtained: 1. Construct a 24 x62'barn located within the development area as shown on the proposed site plan. If any of the plans enumerated above are modified for any reason,please submit a separate request detailing the changes. We thank you for your communication and commitment to uphold the conservation values protected by the Easement. Please reach out to Brendan Minogue with any questions you may have. This letter is without prejudice to Peconic Land Trust's rights and remedies, all of which are hereby expressly reserved. Sincerely, Brendan Minogue Stewardship Manager Enclosures: Site flan and Request for Approval - ���1f� -�ifi =}f.t:}i] Road _ t) ;: c)tit ���il ) {� t}�'�f }li):? ': t7 .? 3.. i�? f'rlx: 6 1.?z83.�}2' 3 �i� fi { 7 • ff n 71 ------------ La f A lly ILL ) xLR LL lu lil _ J[ I+31 rr F f "lr U:vV aa0n-nnInus If)s+ f _ uuv� Y• S _ -ti •• •'r .................. - is) 7-f T 7 T-r Y T T T'r T T J { •S S• �]I�', a a s.a a r a a x i- n n n n^I rl r[rl:��,rl rl re `�-� r z .s ��� ti��� n n o U a o a s>n•�n "� z z 7 T v T 7 T T rr T rr i z j •� i1� -__:[_.-'n.--'-'�� ❑ n aon oaf nvnaoo li L rl f •!1�,7 T Y T T 7 7 T 7 T Y 'L' '� `].Y J rK 4 -�_0-�.-.n._�.n_�.U-�-C- w LL, �x n zi is+LL�is iil , } L i p w:� LL,IF S; u 0; s, ,l n 3 n ❑ : •]`'-y ; •i u.lri t 7tlti cu 11)❑43U00aL1n[]:n �Y y � rUi F J`l ,'•][]c� E ti:7�q :L.s -nm•r•r:v,�a�v�, J i n, LU n s, 6 ._z t y -1 0;)p :]:] U u q r I r i„u-, a ,i � L s�` .0 L Ll f �f-'i ^ O 9 t•[a y r)V t5 u 3 l•/ ^I 1 I,Q Y. r 1•n s I i-1 ,�J 2 LLi Z T L 1•1 } W Q { Y y Al • .y y z l] •7 J d I,l ! � '. S ❑,i W'r1 L{fl SI ii { J •.] .] J 7 ] L: 1 ]41_:+ y Z .I j? P n J ? 'LL, J 1 a �o-=l risx7Ey p� Aj E 4 „z J, y ,r L P 7 -r S W, n„- [ a r rz _¢ l r E u z ' m� �Z]n fl� n cJ n 4 T T n ly•. L i] �,7 £ L'I ❑ Jy,-0 1 ],j _--_'.�` s r•[s s s s d s s<•�•� � � �ti •�n w F u. �.] � �:7��i 10 r4J'zY X J a���+-1 d��� 11�� ,,lle�yy•�-�yrt�llll � S»7�]n k1::i��"+_-1 Y IN TI -..... •,'�_ ` i fly-�""Y ' •�f,F' ;� � � t Ci'] t 4 zFj e ^-------• - �. w .f L A 41 al ��� r� t.• � 0 s n,� 'a'7 t- tlt ; r ]d t u+ w 4 i� .• -1 [ F '1 Al ` 61 l 1 L Y t xlu 1 1 ? 1 . "'Ill .• _ � � l W •�^_ go P'o 4 W. ;� Z r Short Environmental Assessment Form Part l -Project Information Instructions for_Completinp, Part 1--Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or Liseful to the lead agency; attach additional pages as necessary to supplement any item. Part 1-W-Project and Sponsor Information WRCC,LLC Name of Action or Project: New-construction middle-of-the-supply-chain facility for grading,aggregating and processing Project Location(describe,and attach a location map): 4180 New Suffolk Avenue, Mattituck,NY 11952 Brief Description of Proposed Action: WROC,LLC will outfit a new-construction middle-of-the-supply-chain facility for post-harvest grading,aggregating,and processing thereby expanding market access for at least five Beginning Farmers producing crops ranging from oysters to organic vegetables.Specific tasks include outfitting a new construction barn with:specialized post-harvest grading equipment;efficient cold storage;solar power;HAACP compliant on-farm processing equipment for value-added products.The successfully completed infrastructure project will expand processing capacity and production volume while supporting new value-added New York products available locally in shelf-stable forms. Name of Applicant or Sponsor: Telephone:p 631-292-0260 WRCC,LLC E-Mail: will a�westrabins.com Address: 4180 New Suffolk Avenue City/PO: State: Zip Code: Mattituck NY 11952 1. Does the proposed action only involve the legislative adoption of a plan, local law,ordinance, NO YES administrative rule,or regulation`? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected an the municipality and proceed to Part 2, if no,continue to question Z. 2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES If Yes,list agency(s)name and permit or approval:Southold Town Building Department,Suffolk County Department of Health 3. a. Total acreage of the site of the proposed action? 15 acres b.Total acreage to be physically disturbed`? 0.25 acres c. Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 15 acres 4. Check all land uses that occur on,are adjoining or near the proposed action: ❑Urban ❑ Rural(non-agriculture) ❑ Industrial ❑ Commercial ❑ Residential(suburban) 0 Forest ❑✓ Agriculture 0 Aquatic ❑ Other(Specify): ❑Parkland SEAF 2019 5. Is the proposed action, NO YES NIA a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? El RI 1:1_ NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? 7. Is the site of the proposed action located in,or does it adjoin, a state listed Critical Environmental Area`? NO YES If Yes, identify: Adjoins Deep Hole Creek � NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? El- b. Are public transportation services available at or near the site of the proposed action`.' � C. Are any pedestrian accommodations or bicycle rorltes available on or near the site of the proposed action? 9. Does the proposed action meet or exceed the state energy code requirements? Na YES If the proposed action will exceed requirements,describe design features and technologies: Exceed building env 1 insulation r itSQlar 10. Will the proposed action connect to an existing public/private water supply`? NO YES If No,describe method for providing potable water: 11. Will the proposed action connect to existing wastewater utilities? NO YES If No, describe method for providing wastewater treatment: No public sewer available. Project to have self-contained I/A system RI 12. a. Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of historic Places,or that has been determined by the i ner of the NYS Office of Parks Recreation and Historic Preservation to be clioible for listing on the Commass o � g State Register of Historic Places? b. Is the project site,or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: 7 � R 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑✓ Shoreline ❑ Forest Z Agricultural/grasslands 0 Early mid-sLIccessional ❑Wetland ❑ Urban ❑ Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats, listed by the State or NO YES Federal government as threatened or endangered? 16. Is the project site located in the 1 o0-year flood plan? NO YES El 17. Will the proposed action create storm water discharge, either from point or non-point sources? NO YES If Yes, �f a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? RI If Yes,briefly describe: IS. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids(e.g.,retention pond,waste lagoon,dam)? If Yes,explain the purpose and size of the impoundment: 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed) for hazardous waste`? If Yes,describe: I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY ICNOWLEDGE Applicant/sponsor/name: Will Peckham,WROC LLC Date: 6/27/2024 Signature: _` �'`�"�"� Title:Managing Member&Farmer,WROC LLC PRINT FORM Li I IXT A.-APITAL PARTNERS EVIDENCE OF CRITICAL RESOURCES AND INFRASTRUCTURE Will Peckham WROC LLC Mattituck, NY Date: June 26, 2024 Dear Will Peckham: We confirm WROC LLc has the right to construct the proposed project on the critical resource (land premises) at 4180 New Suffolk Avenue and we fully support your 2024 RFSI Grant Application "New-construction middle-of-the-supply-chain facility for grading, aggregating and processing" for the time period of July 2024-July 2033 in the following way: • Approved use of property at 4180 New Suffolk Ave, Mattituck, NY toward these purposes: o constructing new climate-controlled storage space accessible to multiple shellfish and vegetable growers; o Aggregating and storing crops and processed products for shipment for a minimum of five Beginning Farmer, o Acquiring and installing specialized post-harvest grading equipment on site; and • constructing new processing kitchen for the HAACP-compliant production of value-added products 0 By checking this box, I confirm that the critical resource(s) and infrastructure listed above are in place and usable for the start-up, implementation and completion of the proposed project activities. If requested by AMS, I will submit supporting documentation (e.g. copy of lease agreement, licenses, permits, picture(s) of facilities, etc.) as evidence. Sincerely, . F Dominick Grant Managing Director 5 1 8-938-1 527 32 Main Street, Suite 203A, Chatham, NY '12037 www.dirtpartners.com PECONIC luAND TRUST 9/12/2024 Will Peckham WROC LLC Mattituck,NY 11952 Re: Koehler Request for Permission Under Conservation Easement Recorded on 09/27/2023 in Liber D00013220 anal Page 019 at the Offices of the Suffolk County Clerk Request No:2024-08-29 Dear Mr. Peckham: Thank you for submitting your site plan and Request for Approval to Brendan during your meeting on 8/4..A copy of that request is enclosed,herein. Approval Peconic Land Trust approves the following once any and all other.required regulatory approvals have been obtained: 1. Construct a 24'x62'barn located within the development area as shown on the proposed site plan. if any of the plans enumerated above are modified for any reason,please submit a separate request detailing the changes. We thank you for your communication and commitment to uphold the conservation values protected by the Easement.Please reach out to Brendan Minogue with any questions you may have. This letter is without prejudice to Peconic Land Trust-s rights and remedies, all of which are hereby expressly reserved. Sincerely, Brendan Minogue Stewardship Manager Enclosures: Site Plan and Request for Approval y VT -D-ELD ` CQNSE ��i�' (l�ereina.ffi�er�-referred to as this � DEED �� �o��SE�vA�'to��ASE� , T� � rr �� �� ode l�.�s 3��t day Of july,2023 �"`�,ff eet�ve ,,-,Conservation Easement or Easem.e��t )��� � Date"), at S otrth ampton,New-y orb,by DTAC Land LLC, a Delaware Limited EiabilitY • f f o1k A�renue,Nlatt1tuek,New York,and Cow any,having a pnncrpal office at 4180 N ems' p Y et Site 203A,Chatham,New York 12037 (herein called a mailing address of 32 Main Stre , "' " in 1 Grantor"), and the DECO IC LAND TRUST,INCORPORATED, a "'Grantor" and ��. a not-for-profit New York cor poration,orationf having a principal office at 296 Hampton Road,P.O. rp Box p 177 Southampton,New York 11969 (herein culled""Grantee"). RE CITAPS WHEREAS,Grantor's the sale owner in fee simple of approximately 14.94 acres of certain real propertY Town located in the To of Southold, Suffolk County,New York, more fully described 11-1 SCHEDULE A attached hereto and made a part hereof thereinafter referred to as the er"`Prop ty rr) and depicted on the Conservation Easement Map marked EXI-11BI`T'A attached hereto and made a part hereof; and WHEREAS, Ori.gina�l Grantor wras awarded the opportunity to purchase the property based on a Request for Proposals selected by Grantee, wherein Original Grantor outlined its proposal to conduct traditional terrestrial agriculture and aquaculture, including the associated structures and. facilities needed to conduct such activities, and purchased the Property in reliance thereof; and WHEREAS, the Property is free of any mortgages or heins and Gra-ntor possesses the right to grant this Easement;a n d WHEREAS, the Property (i) is located in the R-80 Zoning District of the Town of Southold as outlined.in Section 280-5 of the Town Code -,md is further identified as SCUM # 1 000-t f 5.00-10.00-001.000; and WHEREAS, the Property contains three distinct areas, all as shown on EXHIBIT A: (1) approxm—lately 12.1936 acres ("Area.-2"), which is subject to a Deed of Development Rights Easement or DR E, as defined and further described below and which contains an approximately 2.3986-acre agricultural strnicture area (hereinafter referred to as 0-le "Agr4cultural Structure Area") as depicted on the Conservation Easement Map marked EXHIBIT A;(2) an approximately 2.0496-acre development area containhzg a single-family dwelling and a detached garage(hereinafter referred to as "Area-IA"), which,pursuant to the ARE, is un-�subdividable f z om Area--2; (3) are approximately 0.6970-acre development area located along the eastern and southern edge of the Property (herein after referred to as "Area- 1-B"),which may be subdivided from Area-2 and Area-IA; and WHEREAS,EAS, .Area-2 is subject to a Deed of Development Rights Easement ("DRE"') purchased by the Town of Southold on June 28, 2022, and recorded in the office of the Suffolk County Clerk on July 20, 2022, in Liber 13165 Page 584,that extinguished the residential development rights on Areal of the Property to preserve and protect the agricultural soils and to keep the property avaiJable for agricultural production and scenic open space;and WHEREAS, Grantor now wishes to grant this overlay Conservation Easement to Grantee on the sub)ect Property; and WHEREAS, this overlay Conservation Easement will.further restrict the Property by prohibiting or restricting, as further provided herein, the use of the Property for(a) cell phone or other wireless cornniunication towers or antenna; (b) a tasting room, as further defined herein, (c) a cannabis dispensary; or(d) landscape screening for purposes riot di.rectl r related to agriculture along the New Suffolk Avenue public:roadway, Nlarra tooka Road public roadway, and along Lupton Pt. Road from Mar.ratooka Road eastward 223.91 ft., all of which serve to preserve and protect the agricultural soils and keep the Property available for agricultural production and scenic open space, all as more particularly described herein; and WHEREAS, this overlay Conservation Easement will also restrict the Property by prohibiting the use of the Property for (a) indoor horse riding facilities or rinks; (b) the cultivation of cxinabi.s; (c) large-scale greenhouses with permanent foundations,except in the Agricultural Stnicture Area; all of which serve to preserve and protect the agricultural soils and keep the Property available for agricultural production and scenic open space and all as further provided here: -i; and WHEREAS EAS, Area-2 o f the Propel` is currently f allo�v a grz�-rulttI ral land; and WHEREAS, the Property possesses significant natural., scenic, and open-space values (collectively, the Prop erty"s "Conservation Values") of great importance to Grantor, Grantee, and the people of the To-v n of Southold,Suffolk County and State of New York; and WHEREAS, the Conservation values are protected by this Easement for the following: A. Preservation of o ens ace for the scenic eiIjD anent of ti e e zeral ul�lic �rhich v ields siffpi ficant r)ublic benefit. Protection of the Property's open space through this Easement will be for the scenic enjoyment of the general public andwill yield significant public benefit, for the following reasons: (1) the Property is unique to the area in its current scenic, agricultural and open- space condition and has substantial and significant value as an aesthetic and agricultural resource because of the .fact that it has not been subject to any extensive development while surrounded by increasing development in a sprawl pattern with limited conservation., such that the Prope.rty's scenic open space values are increasingly unique to the area, and (2) the Property has 796.71 feet of road frontage on New Suffolk Avenue, a public road which offers the public significant, scenic vistas f roan a public highway of and across the Property. B. Preservation of open space pursuant to clearIv.delineated overnmental cogseryation r)olicy, v ch yiefds sir . can,public benefit. Protection of the Property through this Easement wdl be for the preservation of open space pursuant to clearly delineated governmental conservation policy which yields significant public benefit,for the following reasons: Agricultural Policies (1) the Property contains soils classified as Class Z and Class H worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service`s Soil Survey of Suffolk County, New York; and (2) the Property is located in Southold Town, which, according to Article 70-2 of the Town Code, recognizes the importance of agriculture as both a vital local economic base and as a land use that provides the Torn of Southold with much of its rural, rustic character and charm.The continued viability of far -dng as an industry is m' -iportant to the local economy and to the preservation of open space m-id vistas.The Code of the Fawn of Southold provides for and acknowledges.for err-ia.ncing the vitality of the local agricultural industry, the purchase of development rights over agricultural lands. (0) the Property is part of the New York State Agricultural District 91, zu1d Grantor-vv ishes to continue using Are a-2 in an agricu.l ter ral capacl ter au-id as scenic open space as defiled in the Town of Southold Code pursuant to such program; and (4) the Property is part of the New York State Agricultural.Individual Comm-fitment Program, and Grantor wishes to continue using the Property in an agricultural capacity and as scenic open space pursuant to such program.-i; and State Legislation (1) New York State has recogt 'zed the importance of private efforts to preserve land in a scenic,natural and open condition tl-ffough conservation easements by enactment of the Environmental Conservation Law, Section 49-0301 et seq.; and (2) Article 14, Section 4 of the New York State Constitution states that"the policy of this state shall be to conserve and protect Its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products", and United States EPA Peeoni.c Estuary Program (1) the Property is part of the Peconic Estuary System which was included in the National Estuary Program by determination of the United States Environmental Protection agency on September 9, 1992, as a "nationally significant estuary"; and WHEREAS, Grantee is a publicly supported nonprofit charitable orga-nization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations promulgated thereunder and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique agricultural, environmental, scenic aTid open-space values of lands located in New York State, and is therefore a "qual.i.fied organization"-' tlh-i the rneaning of Section 170(h)(3) of the Code; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in wl-dch the Property is located, and Grantor and Grantee have,in coinnion, the purpose and objective of protecting and conse-wing the present state and inherent, tangible and intangible Conservation. Values of the Property as an agxicul.tural., natural, scenic and aesthetic resource; and WHEREAS, Grantor has detern.-iined that the conveyance of this Easement will be desirable and beneficial rind has requested Grantee, for itself and its successors and assigns, to 4 accept tl-ds grant of a conservation easement in order to further restrict the development of the Property while permitting uses compatible with the protection of the Property's Conservation Values, all as further provided herein. AGREEMENT NOW, THEREFORE, in consideration of the recited facts,,mutual promises, undertakings, and forbearances contained in this Easement and other valuable consideration, but as a donation nonetheless, Grantor hereby voluntarily conveys fi-i perpetuity to Grantee, and Grantee hereby accepts, this Conservation Easement over the Property pursuant to the New York Environmental Conservation Lave, Section 49--0301 et seq., the parties intending to be hound by its terms: 0.01 Purpose The parties recognize the Co-nservation Values of the Property and have the common purpose of preserving these Conservation Values in perpetuity.The primary purposes of this Conservation Easement are to preserve and protect in perpetuity the scenic, open space, and agricultural Conservation Values of the Property, including by prevemuft uses of or activities on the Property that will interfere with or materially impair the Conservation Values of the Property(the '`Primary Purpose"). To the extent that the preservation az.-id protection of any other Conservation Values of the Property are consistent with the Primary Purpose,it is also the purpose of this Conservation Easement to preserve and protect those Conservation Values in perpetuity. All of the foregoing purposes described an this paragraph are referred to collectively as the`'Conservation Purpose'" of this Conservation Easement. Accordingly, this Conservation Easement restricts the use of the Conservation Property to uses and activities that are consistent with the Conservation Purpose and other terms of this Conservation Easement. 0.02 Grantee's warran Grantee warrm-its and represents that it possesses the resources and commitment to enforce the terms of this Easement on the Property, and that the Property satisfies the criteria adopted.by Grantee relating to the quality and characteristics of open land whose conservation values should be protected and maintained, as determined by the Board. of Directors at a duly constituted meeting of that Board on November 21, 2022. 0.03 Documentation Grantor has made available to Grantee sufficient documentation to establish the conditic)n of the Property as of the Effective bate of this Easement. Ifi order to aid in identifying and 5 documenting the condition of the Property's natural, wildlife, watershed, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's Conservation Values as of the Effective 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 cooperation, an inventory of the Property's relevant features and conditions (the '-Baseline Documentation") as of the Effective Date hereof. This Baseline Documentation includes a Conservation Easement Map marked EXHIBIT A attached hereto, a copy of the NDCS Plan for the Property, an aefial photograph, photographs of the Property, a topographical map, a description and site plan of land uses, features, and structures, and an acknowledgment page signed by Grantor and Grantee, which verifies that the Baseline Documentation accurately represents the condition of the Property as of the Effective Date of this Easement. Copies of the Baseline Documentation shall be retained safely by Grantor and Grantee. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be precluded from utilizing any other relevant or material document, survey,report, photograph, or other evidence to assist in the resolution of the controversy. ARTICLE ONE THE EASEMENT -I.01 Type This instrument conveys a conservation easement in gross under the provisions of Article 49, Title 3, of the Envi.rorLmental Conservation Later of the State of New York. This Cons-,ervation Easement shall consist of the covenants, restrictions, rights,.terms, and conditions recited herehz_ Deference to this'"Easement,," "Conservation Easement" or its "provisions" shall include any and all of those covenants,restrictions, rights, terms and conditions. 1,02 Duration This Easement shall be a burden upon and shall run with th.e Property in perpetuity. 1,03 Effect This Easement shall run with the Property as �-.n incorporeal interest in the Property, and shall extend to and be bindvlg upon Grantor, Grcant&s agents, tenants, occupants, heirs, personal representatives, successors and assigns, and the word. "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of Grantee's subsequent 6 permitted agents, successors, and assigns, and the word "Grantee" when used heren',shall include all of those persons or entities. .ARTICLE TWO PR,OHfBITED AND PERMITTED USES AND ACT.lV1TIES Grantor retains all customary rights of ownership in and possession of the Property, except as expressly limited by applicable local, state and federal lave and by the terms of this Easement,and provided that the exercise of any permitted rises m-id activities shall be conducted in such a manner that is not inconsistent with the Purposes of this Easement and does not impair the Property's significant Conservation Values. 2.01 Buil.din_g_s_and.Stnictures Except as provided in this Section 2_01, the construction or placement of any residential, con -nerci.al,industrial or other building,structure, or improvement of any kind or nature (including,but not limited to mobile homes,tiny houses, and trailers),whether permanent or temporary, on, over, or under the Property is prohibited. A. Residential Structures and Improvements W Existing and new residential sty-Lectures and improvements and appurtenant structures and inzprovem.ents associated with serving any such residential dwelluigs, and permitted uses allowed under applicable zoning, mcluding, without limitation, utibties, driveways, docks and other marine-dependent structures related to Grantor's riparian rights, garages, storage sheds, septic systems and leaching fields, swing pools, pool houses, accessory apartments,teraus courts, and other farn.i.ly-scale athletic facilities, may be placed, constructed, repaired., maintained, reconstructed., and enlarged within .Area-lA. ordy and subject to all applicable laws and permits. (ii) with the prior written approval.of Grantee, agricultural worker housing to provide housing for on.--farm labor may be placed, constn.Xcted, repaired, maintained,reconstructed, and enlarged witb -I Area-l.A or the Agricultural Structure Area, subject to New Fork Agriculture and Markets Law article 25-A.A, 301, arid §305-a, and all other applicable laws z-u-id pen-nits. 7 B. Non-Residential (Accessory) Stnictu.res and Improvements With the prior written approval of Grantee, vwhich shall not be unreasonably withheld except as otherwise expressly stated below, or where expressly stated that no such prior written approval is required, Grantor shall have the right to erect and maintain the following improvements on the Property: (i) Agricultural, lend-based aquaculture, and mariculture buildings, structures and improvements,including but not li nited to f arrnstands,barns,sheds and silos, within tl-ie Agricultural Structure Area and.Area-1.A subject to Ton code, and custo-mary agricultural fencing on the Property as necessary for the agricultural uses of the Property;provided,however, that(I) Grantor may construct only one stable to house four horses (or other members of the equine family) or fewer on the Property and only within tk-.e Agricultural Structure Area; (II)no individual agricultural, land-based aquaculture, and rnariculture building,structure or improvement may exceed 3,000 square feet of building coverage, subject to such height lLnitatipns as are imposed under ToNvn Code,without Grantee's prior written approval in its sole and absolute disereLion; and JR) any agricultural, land-based aquaculture, and maricultu.re building,stnicture and hnprovernent must implement reasonable sound- and light-reduction measures,such as regular hours of operation whenever passible and feasible, dark-sky compliant lighting, and compliance with ToiArn of Southold noise ordinances, to n- nimize impacts to neighboring landowners; (11) Access drives, to provide access to the buildings and structures permitted by this Article; (L'U'') Underground or aboveground facilities, such as utility transzrussion lines,utility poles, wires, pipes, wells, drainage systems, sumps, septic-systems, leaching fields, and other facilities to service the improvements permitted tu-ider the terns of this Paragraph. B. Grantee's approval of a proposed improvement described in the previous sentence shall not be unreasonably withheld where the improvement is to be used for agricultural or other purposes per-mitted under the terms of this Easement or to control fl.00dmi g or soil erosion on the Property. Utilities on the Property must, to the extent possible, be constructed wi.thi�'i 30 feet of the centerline of roads or driveways, and may be used solely to service those structures,buildu-tgs, unprovements and uses permitted on the Property by Oils Easement, Solar, wind, or other alternative energy facilities to service those structures, buildings, improvements and uses permitted on the Property may be constructed within the Agricultural Structure Area and Area-1A so fang as such facilities do not adversely impair the Conservation Values of the Property; (iv) Customary agricultural fencing is permitted without Grantee's prior wn'Lten approval; other fences may be constructed with Grantee's prior NvTitten approval, provided such non-agricultural fences are placed and constructed so that they do not block or detract from the scenic view of the property along New Suffolk Avenue, Marratooka Road, and Lupton Pt Road. Notwithstanding the foregoing, Grantor may install access gates as needed on the property without Grantee's prier written approval. Any irnprovements that would block or detract from the scenic view of the public in Area 2, such as fences, berms, or hedgerows, must be demonstrated to be a necessary component of the Conservation flan as outlined in Section 2.04 hereof, and are subject to applicable governmental regulations and approvals. Notwithstanding the foregoing,the following non-residential structures and i nprovements are strictly prohibited: (i) Indoor horse-riding facilities, arenas, or rinks or any other equestrian facility (other than one stable to house four or fewer horses as described above); (ii) A "tasting room," meaning a structure or facility ilatended to promote the on-site consumption of products grow-n on or off the property onsite(e.g.,, a winery or brewery, food truck, cannabis dispensary, etc.)_ This prohibition, however, shall not prof-.bit the seasonal purchase (or the di niinirnis testing of such products prior to purchase) during,posted regular daytime business hours,by customers of agricultural products grown or processed on the Property, such as cam,, "'u-- pick" berries, or shellfish; (iii) Cell phone or other wireless communication tourers or antenna,unless such improvement is placed on a permitted structure and otherwise in a manner that does not M-Lpair the sceuc or other Conservation Values; (iv) Greenhouses, including hoop house,high tunnel, winter--over Rouse or the like, having heating devises,water and electric utilities, and/or supporting pales embedded in a concrete foundation., except within the Agricultural Structure Area;provided, that temporary low-tunnels (i.e., frost or shade cloth placed aver- crops temporarily to protect fxorn frost or heat) are permitted; (v) Landscape screening for purposes not directly related to agric-ulture, except within and along the boundaries of Area-IF and Area-1A for customary residential privacy, as further described in the Baseline Documentation. 9 C. Replacement of Structures or Improvements h-t--Kind In the event of destruction, damage, or obsolescence of any existing or expressly permitted structure or improvement to such an extent that repair of such structure or improvement is impractical,erection of a replacement of comparable size,bulk,tl.se, and general design to the destroyed or damaged structure or improvement is penitted within the same location subject to the prior wilitten approval of Grantee, which approval shall be granted as expeditiously as possible under the circurristances but in any event within the time periods provided. for Grantee's response in Article Three below. D. Environmental.Sensitivity During Construction. The location and use of any structure or improven-tent permitted to be constricted hereunder shall be consistent Nvith the Conservation Purpose, and construction of any such improvement shall m_irlinii.ze disturbance to the Conservation values amd other natural resources of the Property. Grantor shall empfoy erosion and sediment control measures to ensure that storm water runoff will not carry eroded and other deleterious materials into Veep Hole Creek(or other wetland areas),includuzg but not lin-died to employing the least possible removal of vegetation, minimal movement of earth, and minimal.clearance of access routes for construction vehicles. 2.02 Excavation and Removal of Materials;MUning Mineral exploitation, and extraction of any inn—feral(including but not limited to soil, gravel, sand and hydrocarbons) by any method, surface or subsurface, is prohibited. Grantor shall not remove or fill topsoil, sand, or any other materials, nor shall the topography of the Property be changed except i�A connection with the constriction and maintenance of any structure or improvement expressly permitted to be placed or constructed on the Property under the ternis of this Article Two. Grantor may remove topsoil, sand or other materials for purposes of erosion control and soil management only with the prior written approval of Grantee. 2.03 Subdivision For purposes of this Conservation Easement, the Property is considered one parcel in unified. ownership. Granter shall not subdivide, de facto subdivide, partition or seek the partition, or otherwise divide the Property u-Ito separately conveyable parcels, except Area-i.B, which may be subdivided and sold separately from the Property as a whole. 10 2.04 -A ricultural Activities Grantor shall have the right to engage in any and all types of agricultural activity as that term is defined in Section.301 of the New York State Agriculture and. Markets Law, provided that such activity shall be conducted in accordance with the Conservation Purpose and other terms and conditions of this Easement. Agricultural improvements, as penn-titted by Section 2.01 above, and as may be reasonably necessary in connection with agric-ultural uses, may be constructed by Grantor with the prior written approval of Grantee, and - once constructed--may be mau'.tained or replaced.. Notwithstanding the foregoing, the equestrian use of the Property,including buildings and accessory stnictures designed and used for the breeding, raising, traiiing, or stabling (other than one stable to house four or fewer horses and other members of the equine family), as either a commercial or noncommercial enterprise as defined in the Code of the Town of Southold, is prohibited. All agricultural operations on the Property shall be conducted in a manner consistent with. a resource management system conservation plan("`Conservation Plan")prepared by the Natural atural Resources Conservation Service("NRCS'") utilizing the standards and specifications of the NRCS localized Field Office Technical.Guide_A copy of the Conservation.Plan,and subsequent updates and amendments thereto, shall be delivered to Grantee for its review and approval within ten (10) days of Grantor's receipt of such flan from NRCS. 2.05 Available.for A .ricuitural Uses Grantee shall keep Area-2 (other than the Agric-ultural Structure Area) as open space or available for agric-Li tural use. Should the Area-2 not be utilized for the agric-ultural production, such area must remain as open space and available for agricultural use and shall be mowed at least once annually to contribute to the public's scenic enjoyment and the Property's agricultural viability. Any such mowing shall be undertaken in a mx—finer that sloes not impair Conservation Values. 2.06 Du i71 The dumping or accumulation of unsightly or offensive materials, including but not limited to trash., garbage, sawdust, ashes or chemical waste, on the Property is prohibited, including but not limited to the deposition of materials used on the Property for, or resulting frozn the conduct of, agricultural practices in accordance with Section 2.04 hereof withirL Area-2, such as commercial compost or manure operation. This prohibition does not include the accumulation of refuse incident to customary residential use that is collected within Area-IA and Area-1B and ren-coved at regular intervals. Il 2.07 Si .ns The display of signs,billboards, or advertisements is prohibited, except signs whose placement, number, and design do not significantly diminish the scenic Conservation values of the Property and only.for oily of the following purposes: (a) to state the name and address of the Property and the names and addresses of Lhe occupants;(b) to temporarily advertise the Property or any portion thereof for sale or Vent; (c) to post the Property to control unauthorized enti-y or use;(d) to ara-iounce this Conservation Easement; or(e) to advertise the mune of the agricultural operation and business. Any pernnitted sign shall not be more than six square feet in size,be non-illuminated, and be subject to govenunental regulatory requifrements. 2.08 Cultin of'�'in�ber The cuffing or harvesting of existing trees on the Property within Area-2 is Prohibited-, except for the following purposes: (a)to clear and restore forest cover that has been damaged, diseased or destroyed; (b) to pnune and selectively thin trees to create limited vistas in accordance with good forest management practices and the purposes of this Easement; (c) to construct and maintain those structures and improvements permitted under this Easement; (d) for agricultural activities and uses, including but not limited to the growing and harvesting,of nursery stock; (e) to clear the Property for agricultural purposes in the future if the Property has lain f allow and was allowed to become wooded; (f) to remove hedgerows according to the MRCS Conservation Plant for agricultural land that has been taken out of production for a period of two years; (g) for firewood and fencing for use on the Property; and 0-1)to remove hazards to persons or to the Property. 2.09 Soil and Water Any use or activity that is not otherwise expressly or conditionally peimiitted under this Easement, which causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters, is prohibited. 2.1.0 wetlands and/or Stream Buffer The draining, filling, dredging, or diking of any wetland areas, including any enlargements thereof, or the cultivation or other d.is nirbance of the soil near wetland or wetland-life areas is prohibited without the prior written approval of Grantee and any and all regulatory approvals_ l2 2.11 Ponds and watercourses The alteration of any ponds and watercourses located on the Property or the creation of new water impoundments or watercourse is prohibited.without Grantee's prior written approval, which approval will not be ruzreasona.bly withheld if the alteration or creation is reasonably necessary for the conduct of so-u-nd agricultural activities in accordance with Section 2.04 hereof. No prior permission of Grantee shall be required to construct a deck in AreaAA so long as such construction is permitted by all applicable agencies. 2.12 Ve etationilllana min anc Screenin� The placement of landscape screening,hedgerows, or any other vegetative screening along or near public roads is prohibited, except screening that is demonstrated to be reasonably necessary, incidental, or accessory to the agricultural purposes that are permitted pursuant to the tern-is of this Easement and with Grantee s prior written-approval;provided that such screening is permitted(i) withiin.Area-B along the 405.07-foot southern property lime between Area-2 and along the approximately 440.77-foot southern property line between the three neighborhood lots further described in the Baseline Documentation; and(H) within Area-1B along the 267.49-foot property line between Area-2 and a neighborhood lot further described in. the Baseline Documentation. At Grantee's request, any such screening for agricultural purposes must be removed if such agriculture ceases or no longer requires hedgerows. 2.13 Conunerci.al and Industrial.Uses Except for the conduct of those so-uld.agricultural uses described in Section 2.04 hereof and as expressly provided below-, commercial a.nd industrial uses of the Property, including commercial recreational uses, are prohibited. The use of the Property for(i) charitable fLmd.raising and educational activities and 0i) fan-n tours or"agritourism"' or "agri.tainment" (i.e., farm-based entertainment or as defined under Tov\n code,if applicable) and other seasonal agricultural educational and recreational activities, provided that all such activities shall be consistent with the Conservation Purpose and subject to all applicable laws and permits (each, an "Event" and, collectively, "Events");provided, .however, that seasonal sales of agricultural products grown or processed on the Property involving customers" temporary entry to the Property to pick up agricultural products acid then promptly leaving after purchase shall not be deemed an Event. Parking for such Events shall occur only within.Area---IA and the.Agricultural Structure Area subject to the Town Code and shall not adversely Ui npair the Conservation values.No Event permitted under this Section shall involve more than 25 attendees in any one day-m-dess approved to advwi_ce by Grantee, which approval shall be ins its sole and absolute discretion. l� Prior written approval by Grantee wili not be required for social events of a personal nature involving fewer than 25 attendees in any one day hosted by Grantor or the inhabitants of the residence i�I Area-IA, such as family reunions, birthday parties, staff meals, and other similar private social gatherings, provided that such everts shaJI be consistent with the Conservation Purpose and subject to all applicable laws and permits. 2.14_Development Ig_ht The use of this Property for the purpose of calc-.elating lot yield or development density on the Property or any other property, adjacent or otherwise, is prolbited. Grantor hereby grants to Grantee-all development rights existing on the Property as of the Effective Date of this Easement(and any future development rights that may be created through a rezoning of the Property or otherwise) that have not been expressly retained or reserved by Grantor under this Easement. By Grantee's acceptance of this Easement, the parties agree that such excess development rights granted by Grantor to Grantee are terminated and extinguished by Grantee and may not be used by Grantor or Grantee nor transferred to any other parcels. ARTICLE THREE NOTICE AND APPROVAL 3.0_1_Notice and Approval A. Requests for Approval of Certain Uses or Activities With respect to any use or activity-mider.Article 2 requiring the prior approval of Grantee,, or in the event Grantor proposes to undertake a use or activity that is neither expressly prohibited nor expressly reserved as a permitted use or activity hereby, but which might have a deleterious effect on the Conservation values, Grantor shah, in writing pursuant to Section 6.05 below, request Grantee's approval and shall include therewith information identifying the proposed activity and the reasons for and other details of the proposed activity with reasonable specificity.The request for approval shall describe the nature, scope, location, timetable, and any other material aspect of the proposed activity (h-icludincr, if appropriate,sketch plans or scaled drawings of the site(s) of the proposed activity) in sufficient detail to permit Grantee to evaluate such. activity. The request shall also include infon-nation evidencing the confon-nity of such activity with the requirements of the applicable section under which approval_is requested hereunder. Grantee's approval shall take into account the fol towing criteria. (1) the consistency of the proposed activity with the Conservation Purpose of this Easement; and (2) the extent to which the proposed activity or use of the site for the proposed activity would impair the 14 Conservation Val-Lies of the Property. Unless otherwise expressly provided herein to be in Granteefs sole and, absolute discretion, Grantee's approval shall not be unreasonably wi.thheld, conditioned, or delayed. Grantor and Grantee shalt cooperate and shall act in good faith to axzi.ve at agreement on suitable sites and activities m- cons-tection with any determinations that are necessary to be made by then (either separately or jointly) under this section. Notwithstanding the foregoing, Grantee's approval of a proposed site or activity shall be withheld if the use of the site for the proposed activity would materially impair the Conservation values of the Property, or would otherwise be inconsistent with the Conservation Purpose of this Easement. Grantor and Grantee aclCno w le dge that, in view of the perpetual nature of this Easement, they are unable to foresee all potential future land uses, future technologies, future evolution of the land and other natural resources, and other future occurrences affecting the Conservation Purpose of this Easement. Grantee therefore may,in its sole discretion,approve a proposed use or improvement not contemplated by or addressed in this Easement, provided that such proposed use or improvement is consistent with the Conservation Purposes of this Easement and not deleterious to the Conservation values of the Property. P. Grantee's Response In accordance with Paragraph A of this section, Grantee shall approve, conditionally approve, or withhold approval of the proposed use or activity within forty_ five (45) days of receipt of Grantor's written request therefor. Grantee agrees to evaluate Grantor's requests under this Easement based on its good-faitl-i exercise of professional judgment. Notwithstanding.the above, if in good faith Grai-itee requires more than forty- five (4115) days to undertake a sufficient and thorough review of the docunnentation provided, or determines that it requires further documentation, Grantee shall so notify Grantor within the original forty--five (45) day period of the additional time and/or documentation required to respond to Gramtor"s hereunder. At Grantee's sole and absolute discretion., Grantee may permit commencement of the activity less thm-i forty- five (45) days after receiving Grantor's written notice. In the case of withholding of approval., Grantee shall notify Grantor in writing with reasonable specificity of the reasons forwithholding of approval, and the conditions, if any, on which approval might otherwise be given. Failure of Grantee to deliver a written response to Grantor within such forty-five(45) d ays shall be deemed to constitute writ tell approval by Gr antee of any request submitted for approval, provided that the proposed use or activity is not contrary to the express restrictions ictions hereof, and whose implementation is exactly as described in Grantor's notice and would not signi_ficantl.y in-Lpair the Property's Conservation values. l5 AX1'ICLE FOUR GRANTOR'S OBLIGATIONS 4.01 Taxes and Assessmerits Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, includincr any takes or levies imposed to make those payments. if Grantor.fails to make any such payment, Grantee is authorized to make such payments (but shall have no obligation to do so)upon ten(10) days prior written:notice to Grantor, according to any bill, statement or esti-mate procured from the appropriate public office without inquiry into the acc-uracy thereof. That payment,if made by Grantee, shall become a lien on the Property of the same priority as the iten1 if not paid would have become, and shall hear interest until paid by Grantor at three percentage paints over the greatest prime rate of interest allowed by law. 4.02 Ind errmi fication Grantor acknowledges that Grantee has neither possessory rights in the Property nor any resporisibility nor right to control,maintain, or keep up the Property. Grantor has and shall retain all responsibihfies and shall bear all costs and liabilities of any nature related to the ownership, operation,upkeep, improvement, and maintenance of the Property. Grantor hereby releases and agrees to hold harmless,i-ndemnify and defend Grantee and its members, directors, officers, employees, legal representatives, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them(collectively "Indernnffied Parties''} from and against any and. all liabilities, penalties,fines, charges, costs, losses, damages, expenses, causes of action, claims, demands, orders,judgments.. or adrnirustrative actions, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1)injury to or the death of c-my person, or physical damage to any property,resulting frorn any act, omission, condition, or other matter related to or occurring on or about the Property,regardless of cause,unless due solely to the negligent act or willful misconduct of Grantee or Grantee`s members, directors, officers, employees or agents (collectively, "Grantee Parties");or(2) violation or alleged violation of, or other failure to comply with, c-my state, federal, or local law, regulation, or requirement or this 'Easement by any person, other than Grantee Parties,in any way affecting, involving,or relating to the Property. 4.03 lnsu.rance Grantor shall maintain an occurrence-basis commercial general liability policy insuring against bodily ftiju.ry and property damage on the Property in the amount of not less than T�vo N,fillion Dollars ($2,000,000), which amount shall[be adjusted. every five (3) years to the nearest 16 commonly available insured amount to reflect the percentage increase during the past five(5) years in the "CPI," whi.eli mews the United States Department of Labor's Bureau of Labor Statistics Consumer Price Index for all Urban Consumers (CPI-U, all items) (1982-84z---100), or the successor of such index. Grantee shall be named an additional insured on the policy.The liability insurance shall apply as primary insurance with respect to any other insurance or self- insurance prograrns afforded to Grantee. Grantor waives all rights of subrogation against Grantee for recovery of damages to the extent the damages are covered by insurance maintain' ed by Grantor pursuant to this Easement Grantor shall furnish Granteewith certificate(s) of insurance,executed by a duly authorized representative of each insurer, showRig cornpl.i c-mce with the insurance revirements set .forth above,upon Grantee's reasonable request. Such certificates shall provide for thirty (30) days' written notice to Grantee prior to the cancellation or material change of any insurance referred to herein. Any failure of Grantee to demand such certificate or other evidence of full compliance with these insurance recluirements or failure of Gray-1tee to identify a deficiency from evidence that is provided shall not be construed as a waiver of Grantor's obligation to maintaln such insurance. The foregoing Insurance requirements do not replace, waive, alter or limit the hold harmless or indenu�zficaLion provisions of this Easement, and Grantor acknowledges and agrees that it shall be f ufly responsible for the costs of any bodily injury and property damage on the Property in the event of any lapse or deficiency in insurance coverage. 4.04 Environmental Res onsibiliti.es Grantor lie onsible for=the Property. Granter is solely responsible, and Grantee has no responsibility, for the operation of the Property or the monitoring of hazardous or other conditions thereon. Lathing i i this Easement shall be construed as giving any right or ability to Grantee to exercise physical or managerial control of the day--to-day operations of the Property or of Grantor's activities on the Property. Neither Grantee nor its agents shall be liable to the Grantor or other person or entity i11 connection with consents given or withheld or in connection with any entry upon the Property pursuant to this Easement. Grantor's Environmental.Warrantv and Indenini r. Grantor represents and warrants that it has no actual knowledge of a release or threatened release of any Hazardous Materials(as defined below) on the Property and hereby promises to hold harmless, defend and indemnify the Indemnified Parties from and against all liabilities,penalties, fines, charges, costs, losses, damages, expenses, causes of action, claims, demands, orders,lud cane It , or adorn zistratxve actions, includilg, Without limitation, reasonable attonieys' fees, arising from or colinected with the presence of or any release of HazardoLts Materials on the Property by any party other than Grantee Parties or violation of federal., state or local Environmental Laws(as defined below). 17 This Easement is not intended to and shall not create environmental liability In Grantee. Notwithstandu-Ug any other provision herein to the contrary, the parties do not intend this Easenent to be construed such that it imposes on, creates in, or gives Grantee: (1) the obligations or habihty of an"'owner" or "'operator"" as those words are defined and used in Environmental Laws,including, without limitation, the Comprehensive Environmental Response, Compensation tuhd Liability Act of 1980, as amended(42 T.S.C. Section 9601 et seq., x-td hereinafter"CERCLA"); (2) the obligations or liability of a person described uz 42 U.S.C. Section 9607(a)(3) or (4); (3) the obligations of a responsible person Lander any applicable Envi_rotunental Laws; (4) the right to investigate and remediate any Hazardous Materials, associated with the Property;or (5) any control over Grantor's ability to investigate, remove, remed.iate, or otherwise clean up any Hazardous Materials associated with the property. The term "Hazardous--MatedalS" includes,but is not limited to, (i) :material that is flamm,zable, explosive, or radioactive; 11)petroleum products; and. (in")hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials, includm- g but not linni.ted to those defined in CERCLA, the Hazardous Materials Transportation,Act(49 U.S.C. Section 5101, et sect.), New York Environmental Conservation Law (N-Y ECL 27-0901), or any other Environmental Law, and in the regulations adopted and publications promulgated pursuant to them,or any other applicable federal, state, or local lags, ordinances, rules, or regulations now in effect or enacted, after the Effective Date. For purposes of this Easement berbicid.es,pesticides, and crop protectants shall not be considered Hazardous Materials,provided they are applied in a manner consistent with applicable law and agricultural best practices, such as an NRCS plan. Uie term "Environji.1ental Laws"includes, but is not limited to, any federal, state or Local or administrative agency statute, regulation, rule, ordinance, order or requirement now in effect or enacted after the Effective Date of this Easement relating to pollution, protection of hurnash health, the enviroiunent, or Hazardous Materials. l� ARTICLE FAT GRANTEE'S RIGHTS 5_01 EnYT and Inspection Grantee and its employees, agents, and contractors shall have the right to enter upon the Property for the purpose of inspection and monitoring to determine whether this Easement and its Conservation Purpose and other provisions are being upheld. Except in cases where Grantee determines, in its reasonable discretion, that irnmediate entry is required to investigate a use or condition on the Property in order to prevent, terminate, or mitigate a violation or potential violation of the terms of this Easement, such entry shah be pern-dtted only at reasonable times and upon prior notice to Grantor and shall be made in a manner that will not W-rreasonably interfere with Gran to r's u se and quiet enj oyment o f the Prop erty. Grantee sh all not have the right to permit access upon the Property by the general public. 5.02 Protection and Restoration Grantee shalt[have the right to identify,preserve, and protect in perpetuity the Conservation values of the Property, including, but not limited to,by means of review and approval of improvements and activities as set forth in.Article Four above. Grantee shall have the right to prevent any activity on or use of the Property that is inconsistent with the Conservation Purpose or other provisions of this Easement and to require Grantor to restore such areas or features of the Property that may be damaged by any inconsistent andlor unperrnitted condition, activity or use and to enforce these rights by any action or proceeding that Grantee may reasonably deer necessary. In addition, Grantee shall have the right to enter the Property to conduct, at Grantor's expense, annual mowing In the event Grantor fails to do so pursuant to its obligation in Section 2.05 above.However, Grantor shall not be liable for any changes to the Property resulting from causes beyond Grantor's control, including,without limitation,fire, Mood, storm, earth inovemei or other acts of nature,unauthorised acts of unrelated third parties so long as reasonable steps had been taken to prevent trespass, or from anv prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons, property, or to the Property restittitzg from such causes. 5.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at la-w for anv violation of r this Easement may be inadequate. Therefore, in addition for and not MZ lhnita Lion of, any other rights of Grantee at law or in equity, in the event--my breach, default or violation of any tenon., provision, covens ai t or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured within fifteen (15) days of Grantor's receipt of Grantee's notice of 19 such breach, default or violation, or in cases where more than 15 days is reasonably needed to effect a cure a bona fide attempt has not been begun by Grantor wig such 5-day period (which notice and cure requirements are expressly waived by Grantor with respect to zmy such breach, default or violation which,in Grantee's reasonable judgment, requires i=iediate action to preserve and protect any of the Conservation values or otherwise to fustier the Conservation Purpose of this Easement),Grantee shall have the right at Grantoes sole cost and expense and at Grantee's election, (a) To institute a suit to enjoin or cure such breach, default or violation by temporary anchor permanent injunction and/or to require the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prier thereto; (b) To eater upon the Property to verify,Lnvestigate, document,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; and/or (C) (c) To seek or enforce such other legal, equitable, and/or administrative relief or remedies as Grantee deems necessary or desirable to ensure compliancewith the terms, conditions, covenants, obligations zuad Conservation Purpose of this Easement;provided,however, that azzy 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. Grantee's remedies described U1 the section shall be cumulative and shah be in addition to a 11 rem edies now or hereafter existing at law or in equi ty. Gran for also acknowledges that a violation of this Easement may result in fines, fees, taxes, and/or other administrative remedies being assessed and/or sought against Grantor by taxing or other authorities,including but not limited to the Town of Southampton, and that Grantee may opt, in its sole discretion, to report a violation of this Easement to such admirdstrative authorities. Grantor shalt pay,either directly or by reimbursement to Grantee, all reasonable attorneys fees, court costs and other expenses (collectively, "Litigation Expenses") Mi curred by Grantee in connection with ariv proceedings initiated under this section. Litigation. Expenses include,but are not limited to, those Litigation Expenses incurred by Grantee in the event Grantor or anyone acting by, through,under, or on behalf of Grantor, corrimences litigation against Grantee to enforce any rights hereunder or to dispute any action or inaction of Grantee, 20 to enforce any alleged duty or obligation of Grantee hereunder, or to seek damages or specific perform,mace against Grantee, except in the event Grantee is finally detennft-ted by a court of cornpetent jurisdiction., beyond right of appeal, to have acted in a manner that is contrary to the terms of this Conservation Easement and to have failed to exercise reasonable judgment(except in those circumstances of which Grantee is given sole and absolute discretion as expressly provided herein),taking into account the Conservation Purpose of this Easement and the circumstances of which Grantee had actual knowledge at the relevant time. Grantee shall not be considered to have failed to exercise reasonable judgment as aforesaid solely based on the fact that Grantee did not or does not prevail h1 such legal proceedings or that Grantee is determined to have adopted an interpretation of this Conservation Easement not accepted by the court. 5.OLINO waiver Grantees exercise of one remedy or relief under this Article Five 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. 5.05 Mediation If a dispute arises between the parties concerning either party's compliance with the teams of this Easement,either party may refer the dispute to mediation by request made in writing upon the other. If both parties agree to mediation via written notice, and provided that Grantor agrees not to commence, or to cease(as applicable), the activity during the pendency of the mediation, within thirty (30) days of the receipt of such a request, the parties shall select a single trained and impartial mediator. If the parties are unable to agree on the selection of a single mediator,then the parties shall, wi.th�n fifteen(15) days of receipt of the initial request, jointly apply to the American Arbitration Association for the appointment of a trained and in-ipartial mediator with relevant experience in real estate and conservation easements, Mediation shall them proceed in accordance with the following guidelines; (a) Purpose. The purpose of the mediation is to; (i) promote discussion between the parties; (xi) assist the parties to devetop and exchange pertinent information concerning issues in the dispute; and (W) assist the parties to develop proposals that will enable them to arnve at a mutually acceptable resolution of the controversy. TIZe mediation is not intended to result in any express or de facto modification or amendment of the terns, conditions, or restrictions of this Easement. (b) Participation. The mediator may meet with the parties and their counsel jointly or ex parte.The parties agree that they will participate in the mediation process in good faith 21 ai-id expeditiously, attending all sessions scheduled by the mediator. Representatives of the parties with settlement authority will attend mediation sessions as requested by the media-tor. (c) Confidentiality. All in_fonnati.on presented to the mediator shall be deemed confidential and shall be disclosed by the mediator only with the consent of the parties or their respective counsel.The mediator shall not be subject to subpoena by any party. No statements made or documents prepared for mediation sessions shall be disclosed in any subsequent proceeding or construed as an admission of a party. (d) Time Period. Neither pr--u.Tty shall be obligated to continue the.,mediation process beyond a period of ninety (90) days from the date of the selection.or appourtment of a mediator or if the mediator concludes that there is no reasonable likelihood that continuing mediation will result in a mutually agreeable resolution of the dispute. (e) Costs. The cost of the mediator shall be borne equally by Gramor and Grantee; the parties shall bear their own expenses, including attorneys' fees, individually. 5.06 A.ssio,-nability 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 or o anizat-ion(herein called the "'Assignee"). As used herein the term "'qualified organization"'me,-nzs a not-for-profit corporation, or a governmental unit or agency.,which is qualified to receive such interests pursuant to Article 49 of the lNew York Enviroranental Conservation Law, and is a qualified organization within the meartui-ig of Section 170(h)(3) of the Code, and which is or 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 must require, and the Assignee must agree, that the Assignee and Assignee's successors will carry out the purposes of, and enforce, this Easement. The Assignee and its successors and assigns shall have the saute right of assi.grunent, subject to compliance with the provisions of this Section. Grantee shall promptly notify Grantor of any such assign-meat. 5.07 Succession If at any time Grantee is unable to enforce this Easement, or if Grantee ceases to exist or ceases to be a qualified organization under Section 170(h)(3) of the Code, then this Ea.senient shall be vested in such qualified corporation,body or agency as defined and upon the conditions and 1=`tadons contained in Section 5,06(Assignability) as Grantee shall.designate. If, can the occurrence of any of these events, Grantee f ai.is to assign all of its rights and responsib ill ties under this Easement and all,of its rights, title and interest in and to this 22 Easement to a qualified organization, then the rights and responsibilities Under tl-ds Easement shall become vested in another qualified organization m' accordance with a cy pres proceeding brought in any court of competent jurisdiction. The then--current owner(s) of the Property will be notified of any such proceedings. 5.08 Exton ishrnent Tl-xis Easement gives rise to a property rigb.t axed interest immediately vested in Grantee, For purposes of this Section 5.08, the fair market value of such aright and interest shall have a fair market value determined by multiplying (i) the fair market value of the Property tmencLunbered by this Easement by (ii)the ratio of the value of this Easement as of the Effective Date of this Easement to the value of the Property, unencLimbered by this Easement, as of the Effective Date of this Easement.The value as of the date hereof shall be those values used to calculate the deduction of federal income or estate tax purposes allowable by reason of the grant of this Easement,pursuant to Section 17 00-1) or Section 2055(o of the Code, as those values Shall be established through.a `qualified appraisal" arranged by Grantor in accordance with Treas. Reg_Section 1.17OA-13 and guidance of the Internal Rev enu.e Service,and in accord. with any final determination thereof. The percentage ratio thus deterrnined is hereinafter referred to as the „Proportionate Share" and shall thereafter remain constant. The Proportionate Share of this Easement as determined above shall be filed as part of the Baseline Documentation described [n Section 0.03 hereof. (For exatnple: if the fair rnarket value of the Proper ql is $5500,000 and its restricted value is $100,000, the Proportionate Share is $400,000 divided by$�00,000, or 80%.) If circumstances arise in the future that render the Conservation Puzpose of this Easement impossible or impracticable to accomplish, this Easement can only be ternnxrnated or extinguished, whether in whole or in part,by judicial proceedings in a court of competent jurisdiction and in accordance with the common and statutory lags of the State of New York. In the event of an extinguishnient or partial extinguzshmmt of this Easement by a judicial proceeding, Grantor shall pay Grantee an ar OLtnt equal to the Proportionate Share of the then-- fair market value of the Property at the time of the extinguishment. Such fair maTket value shall be established by an axon's length sale of the Property (or such portion of which as to which this Easement is extinguished.) consunvnated within ninety (90) days of the ext-inguaishment, subject to Grantee's approval of the sale price as f£lirly representing fair mafket value; otherwise, fair market value shall be determined by independent appraisal by an appraiser who is mutually agreeable to Grzmtor and G-rm-itee, the cost of which appraisal shall be borne by Grantor. Grantor shall make such p ayrnent to Grantee-upon the closing of a sale of the Property (or affected portion thereof consummated withu'I ninety (90) days of the ext-ftzguishxrnent; or, if no sale takes place withmi such time frame,within rh-iety (90) days of the extinguishment. 73 If all or any part of the Property is taken under the power of en-1 rent 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 Conservation Purpose hereof, Grantox 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 each party's respective proceeds. Gran tee shall be entitled to the Proportionate Share of the recovered proceeds of any such condemnation. Grantee shall use such proceeds actually recovered by it in a manner consistent with the Conservation Purpose of this Easement. Grantor shall obtain Grantee's prior written approval before agreeing to any purchase in lieu of condemnation. The respective rights of Grantor and Grantee set forth in.this Section 15.08 shall be uz 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 the power of eminent domain as aforesaid. In making this grant of Easement,however, Grantor has considered the possibility that uses prohibited by the terms of this Easement may become more econon- sally viable than the uses specifically reserved by Grantor pursuant to this Easement. It is the intent of both Grantor and Grantee that any such change in economic conditions shall not:be deemed to be circ-Lunstances justifying the termination or extinguishment of this Easement pursuant to this section. ARTICLE SIX MISCELLANEOUS 6.01 A..l,len abilit Grantor shall have the right to convey,mortgage or lease all of its remaining urte�rest Uz the Property but only subject to the terms of 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 transferee, and,in the case of a transfer to are entity, the individual p:ri�-.cipal.s thereof. '`he instnirne.nt of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terns of this Easement, and shall incorporate this Easement by reference, specifically setting forth the date, office, Tiber and page of the recording hereof. The failure of a-iy such instrument to comply with the provisions hereof shall not affect Grantee's rights heretmder or the validity of this Easement in any way. 24 6.02 Entire Understandix-1 This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject inatter shall be merged into this Easement and superseded by it. 6.03 Amendment This Easement can be amended and modified only �-n accordance with the ter-ns of this Easement and the common and statutory laves of the State of New York applicable to the modification of easements and covenants ru rming with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement,provided.,however, that Grantee shall have no right or power to agree to any amendment hereto that is inconsistent with the Conservation Purpose or would result in this Easement failing to qualify as a valid conservation easement under Article 49,Title 3, of the F.azviromnental Conservation Law of the State of New York, as the same maybe hereafter amended, or any regulation issued pursuant thereto, or under Code section 170(h). No amendment may be approved by Grantee that would -or, as Grantee in its judgment may deternuine, could-violate the rules of impermissible private benefit or of private inurement under applicable sections of the Code, including but not hi-nited to Section 501(c)(3) of the Code or affect this Easement's perpetual duration. Any such amendment shall be permitted ordy upon Grantee's determination, in its sole discretion, that such amendment will not jeopardize Grantee"s status as an orgallizati.on described in Code sections 1.70(h)(3) and 501(c)(3). 6.04 Sever ability Any provision of this Easement restricting Gra-Mor's activities that is determined to be invalid or unenforceable by a court of competent jurisdiction shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court detem-iines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court of competent jurisdiction shall be severed from the other provisions,which shall remain enforceable and effective. 6.05 Notice All notices required by this Easement must be written. notices shall be delivered by hand;by certified U.S.email, return receipt requested; or by overnight delivery by a reputable r�aLio-Lal courier service that provides au'tomaLed delivery tracki-no,;provided.,however, that .notices from Grauatee to Grantor to notify Grantor of the date anal time of routine ar ual monitoring of the Property pursuant to Section 5.0-1 above may be delivered by U.S. first-glass mail or by electronic transmission(e.g., ernafl or facsimile}, provided that, in the latter case, the sender receives an acknowledgement of successful transmission or the recipient provides an acknowledgement of receipt. Notices to Grantor shall be addressed to Grantor's address as recited herein or to such other address as Grantor may designate by notice to accordance with this section. 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.. Notice shall be deemed given and received as of the date of its actual delive- ry to the recipient. 6.06 GoverrdDZ Law ,New York law applicable to deeds and conservation easements perta jiuzg to land .located within New York shall govern this Easement in all respects, including validity, construction, m.terpretation.,breach,violation and performance,except as provided In Section 6.07 hereof. 6.07 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 or the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party which drafted it or 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 reader it valid and be consistent with the Conservation Purpose of this Easement.Any rule of strict constz-Liction designed to limit the breadth of the restrictions on use of the Property shall not apply h-t the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the Conservation Purpose of this Easement as i-i-itended by the parties. The parties intend that this Easement, whidl is by nature and character primarily negative in that Grantor has restricted and lin-ited his right to use the Property, except as otherwise recited herein,be construed at all times and by all parties to effectuate its Conservation Purpose. 6.08 Public Access Nothing contained in this Easement grants,nor shall be interpreted to grant, to the general public any right to enter upon the Property. 26 6.0 warran es The warranties and representations made by the parties in this Easement shad survive its execution. 6.10 Recor"m Grantee shall record this Easement hz the land records of the office of the Clerk of the County of Suffolk, State of New York.. 6.11 Enforceable Restriction: Successors The covenants, terms,conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, agents,heirs, successors, and assigns and shall conti*ue as a servitude zzmjing uz perpetuity with the Property. 6."12 Termination of Rights and Obh ations A party"s rights and obligations under this Easement terminate upon transfer of the party's interest in the Easement or the Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 6.1.3 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference and shall be ignored in its construction. 6.14 Counterparts Grantor t�zd grantee may execute this instrument in two or more counterparts; each counterpart shall be deemed an original instrument. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. [Signatio-es to fiellou7 on next page.] 27 IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted zind received this Deed.of Conservation Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED; GRANTOR DHC Land LLC, a Delaware Limited Liability Company BY: jBy:1 979A Pr-Et&tr")eT FU� Its: � ��ti�l��-+�-�� 641 ACKNOWLEDGED AVD ACCEPTED: GRANTEE PECONIC LAND TRUST, INCORPORATED BY: hjn v.H. Halsey J0 President 28 STATE OF NEW YoP�K } COUNTY OF SUFFOLK } SS: 4- i�' day of in the year 2oZ3 before me the undersigned, personally On�. s � �' f � p � appeared, �'- ' t.... ersonall known to me or roved to me on the basis of pp f-- -- � 1' satisfactory evidence to be the individual whose name is subscribed to the witl 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, execs ited the instrument. o a C LISA LUBRANo Notary Fubk,,Stag of New York No.(3'LU5067702 Quaiiiie,d it)Suffolk C ou Commission Expires October 21, STATE OF IEW YORK } COLT NTY OF SUFFOLK } SS; On thxV- day ofitilL3 in the-year 2 :3� before one, the undersigned, personally appeared John v. H. Halsey, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscnbed 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 wWch the individual acted, executed the instrument. r I J f J n Notary Pubhc MYTAW PML#C.STATE OF�"Y RK. An 0 4M7 Tsai Ad in W0*C=Mty im ►3.200 now 29 SCHEDULE A Metes and Bounds Description of the Property 10 New York Title Abstract Services, Inc. VYorkTFld��-_.c�)m r Title Number: NYTA-62875-S-23 Page 1 SCHEDULE A DESCRIPTION ALL that certain plot piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New`fork, being more particularly bounded and described as follows: BEGINNING at the corner formed by the intersection of the easterly side of Marratooka Road and the southerly side of New Suffolk Avenue; RUNNING THENCE from said point or place of beginning along the southerly side of New Suffolk Avenue, North 78 degrees 40 minutes 30 seconds East, 997.23 feet to a stone monument and land now or formerly of Doreen E. Evans and Martin P. Evans; THENCE along said last mentioned land the following two (2) courses and distances: 1. South 03 degrees 40 minutes 30 seconds East along last mentioned land, 131.60 feet; 2. South 09 degrees 36 minutes 50 seconds East, 43.82 feet to the westerly side of Cheep Hole Creek; THENCE the following three (3) tie line courses and distances along the apparent high grater mark of Deep Hole Creek- 1- South 23 degrees 18 minutes 04 seconds West, 99.43 feet; 2. South 03 degrees 31 minutes 41 seconds West, 97.78 feet; and 3. South 06 degrees 44 minutes 35 seconds East, 109.47 feet to land now or formerly of Douglas Hirsch and Leslie Hirsch; THENCE along said last mentioned land the following three (3) courses and distances: 1. South 78 degrees 40 minutes 30 seconds West, 97.20 feet; 2. south 86 degrees 40 minutes 20 seconds Test, 55.88 feet to a monument, and 3. South 08 degrees 09 minutes 00 seconds East, 321.41 feet to a concrete monument and land now or formerly of Edward Hanes; THENCE along said last mentioned land, and along land now or formerly of Henry J. Loefler and Nancy M. Loefler, and land now or formerly of Gerard E. Diffley and Karen L. Diffley, South 78 degrees 47 minutes 10 seconds West, 440.77 feet; THENCE North 71 degrees 39 minutes 20 seconds Vilest, 223.91 feet to the easterly side of Marratooka Road; New York Title Abstract Services,Inc. �" �1!V.N" e Coui Title Number: NYTA-62875-S-23 Page 2 THENCE northerly along the easterly side of Marratooka Road the following two (2) courses and distances: 1. North 24 degrees 38 minutes 30 seconds Kest, 275.29 feet; 2. North 18 degrees 14 minutes 20 seconds West, 425.18 feet to the point or place of BEGINNING. SUBJECT to a Right of Way over the subject premises as contained in Liber 1043 Cp. 140, as repeated in Liber 4980, Cp. 548, in Liber 12241, Cp. 322, and in Liber 12700, Cp. 877. SUBJECT to a Right of Way in favor of Tax Lot 002..000 as contained in Liber 5759, Cp. 305, and repeated in Liber 11974, Cp. 395� 2 EXHIBIT A. Conserwriton Easeirient Map �'1 - - - - - - - - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . k w . . . . . . . Z p k I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;� - - - - - - - - - - - - - - - - - - - - - - - - - - - - - tl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..\. \� . . - Ya� -;VoilloV -4K C�4 71 0) LIP rqCr A CL C. CL. EXHIBIT"B Baseline Documentation Acl<.nowledgernent The undersigned.,, _ ._ _� on behalf of Grantor, and John v. H.Halsey, representing Grantee, certify as follows: a) Each is familiar with the condition of the Property, and b) Each does hereby acknowledge and certify that the Baseline Documentatiot-i, and all of its Inclusions, dated"Tvk4 3t , is an accurate representation of the condition of the Property as of the Effective Date of the Conservation Easement. Duplicate originals of the Baseline Report were signed and delivered by each of Grantor and Grantee, and each will receive duplicate origuzal.s of the Baseline Documentation as of the conveyance of the Easement. GRANTOR DHC Land LLC, a Delaware Limited Liabl.ity Company -A Its; AS . . A-wTROrTt�� GRANTEE PECOMC LAND TRUST, INCORPORATED, a not-for--profit New York.corporation B& 4 1 0---VA4 -. hn v.H.Halsey Its: President 32 OR PROPOL93)ALS Ma_ -[ ]] :7. ........... .............. ............. 4- R M1 r l �Y~ j............ 1� a e�` ry •ry^ ' •.f S t rf4.. ._.211`1_ rc. :.. 7 Z.�M I FF,. C .�.� r1• v.i k 1 p ;ar'. ve d 1�. i l= J I ii ii N .t S v'^ •C•re. f". r. o eve r s 15� ti� y '.t�..,r•d r_ram:-. Peconic Land 1 rUSt�Contract act V ei-idee Town Development P.,.•.I. 1.:17,a,iiS�fTS�`.'�f'n�<<;Ir •.S,If;•:I I^..I. Vr.•�i 3'���Iw•Nv•'-�.tic..i.��A 6J rn s !'._Iri•gel,iI'-1,t�li.':ITTA,•,f�x1'l,�il',, Town o Southold,NY Rights Purch as �.2�:�,. ,19',1 A'II%1.q'i'ii+t ti . .1.1�v�;kJ !kI I ® A Peconic Land Trust ("The Trust") is offering for sale approximately 14.94-acre farmstead. The approximately 12.2-acres of prime agricultural land is subject to a Town of Southold Development Rights Easement and a Peconic Land Trust overlay Easement with Farming Covenants and Resale Restrictions. This farmland sale is part of the Trust's effort to make farmland more accessible for growers and maintain the community character of Southold Town. Rt7quest for Proposals 4180 NEW SUFFCJLIC AVENUE, MA"C'I'I'I'L.JCgC, NY .ABOUT PECONIC LAND TRUST The Peconic Land Trust, a 501(c) (3) nonprofit organization, was established in 1983 by John v.H. Halsey and a small group of local residents to ensure the protection of Long Island's working farms, natural lands, and heritage. Since its inception, the Trust has protected more than 13,000 acres of land in concert with landowners, communities, government, and partner organizations. In its 39 year history, the Trust has conserved more working farms on Long Island than any other private conservation organization, and secured millions of dollars from the public and private sectors for land protection. BACKGROUND Peconic Land Trust is offering for sale an approximately 14.94-acres farmstead of prime agricultural land at 4180 New Suffolk Avenue, Mattituck. It is subject to a Town of Southold Development Rights Easement and an Overlay Easement with Farming Covenants and Resale Restrictions held by the Trust. Our proposed sale would include additional restrictions to be held by the Peconic Land Trust to further restrict the land. We believe these restrictions will assist in encouraging traditional means of farming as well as maintain a scenic vista within Southold Town. The property was purchased by the Trust in June of 2022 from The Koehler Family Partnership Trust and included it in our Farms for the Future Initiative. Now the Trust is marketing the property for sale to a conservation buyer with interest in cultivating the protected farmland. As the attached summary states, the Towns Development Rights Easement requires that the property be used for agricultural purposes and the Trust's additional Overlay Easement includes three additional restrictions. Why is this Important? Landmark efforts to protect farms and farming in Suffolk County that began in the 1970s are being challenged. In total, over 19,000 of approximately 38,000 acres of farmland in Suffolk County have been protected from residential or commercial development through development restrictions held by New York State, Suffolk County, the five East End Towns, and the Peconic Land Trust. For the most part, these restrictions protect the resource. While the increase in land values, and the increase in non-farmers purchasing farmland has been slower on the North Fork, we have seen the impact that these trends have had on agriculture on the South Fork. we hope to forestall a similar situation from happening on the North Fork. The loss of affordable and accessible farmland could include additional consequences, such as: 1. An increase in federal and state inheritance tax liabilities for farmers that could necessitate the sale of protected farmland at the highest possible price to non-farmers in order to have the resources to pay such taxes; 2. The inability of farmers to afford farmland for food production; 3. A decrease in working farms that provide fresh, locally-produced food to residents and visitors 4. The loss of an extraordinary facet of our community character and an important component of our local economy. PROPERTY DESCRIPTION The parcel is approximately 14.94-acres composed of approximately 1 2.2-acres of protected fallow farmland, an approximately 2.05-acres attached residential development area and approximately 0.69-acres of unbuildable buffer. The development area contains a small seasonal cottage while the protected farmland has a legacy retire well. It is zoned R--SO. The property has historically been farmed for over 50+years but has laid fallow for approximately 10-years. It is now encumbered with a Deed of Development Rights granted to the Town of Southold and recorded in the office of the Suffolk County Clerk. Please review the following enclosed information about the property: * Town of Southold Development Rights Easement Boundary Line Agreement Location map * Aerial map Survey of Property ® Soils Map ® Definition of terms * overlay Easement (Available at www.PeconicLand.Trust.org/RFPDeepHoleCreek) Conditions of Purchase 0 Town Easement 0 overlay Easement 0 Boundary Line Agreement 0 Utility/Access Relocation 0 Lot Line Modification a Sale of approximately 0.69-acres to Neighbor Summary of Town Development Rights Easement: The approximately 12.2-acres of this property is perpetually subject to the Towns purchase of the Development Rights Easement. This Easement restricts the use of the property to ".Agricultural Production" as defined in Section 25-30 of chapter 25 of the Southold Town Code. It further prevents subdivision of the farmland acreage of approximately 12.2-acres from the approximately 2.05-acre residential development area. Summary of overlay Easement: 0 The 20% permitted agricultural structure coverage on the protected farmland is restricted. to p within the approximately 2.4-acres designated "Agricultural Structure Area" along the western boundary: 0 The cultivation of cannabis is prohibited on the property: A winery, brewery and/or dispensary are prohibited on property: Relocation of Utilities/Access: The development area on the property currently has a utilities and access Row for the southern neighbor. Relocating the neighbor's utilities and access within the designated approximately 0.69-acres to be sold to neighbor. Lot Lire Modification: The subdivision of approximately 0.69--acres along the eastern and southern boundary for the intended use of a buffer and driveway for SCTM#1000-115-10-2. Sale to Neighbor: The approximately 0.69-acres is for sale to neighbor SCTM#1000-115-10-2 at a price of no more than $50,000. Price of the Property. The price of this parcel is $ 1,650,000; not including taxes and other associated closing costs. APPLICATION AND SELECTION Proposal Requirements. Parties interested in making an offer on this property must submit a Proposal, including the information described below, by 5:00 pm on November 4 2022. All of the information submitted will remain strictly confidential. 1. cover letter that includes: a. Property Reference: Deep Hole Creek (AKA SCTM#1000--115-10-1) b. A written offer in the amount of$ c. A description of your potential agricultural plan d. .Agricultural references; e. Any other relevant information that would support your proposal including your understanding of the restrictions on this farmland; and f. An outline of your plan for financing the purchase. Send Proposal &related materials to: Peconic Land Trust Attn: Holly Sanford (DHC) Po Box 1776 Southampton, NY 11969 Or email HSanford@peconiclandtrust.org Buyer Selection The Peconic Land Trust will acknowledge receipt of all proposals received by 5:00 PM November 11 2022 and convene a meeting of Advisory colleagues. The Peconic Land Trust will select a buyer by reviewing and evaluating the proposals. Then select the best candidate. If there are two or more qualified applicants with comparable proposals, the Trust notify the parties and a lottery will be held. The Trust will announce the selected farmer the week of November 14, 2022 with the expectation to go to contract within a month and a proposed closing date within 60-days. If you have any questions about the farmland, the Town's Development Rights Easement, or the Trust's overly Easement and/or the process, please contact Holly Sanford at 631.283.3195, ext. 126 or HSanford@peconiclandtrust.org. Enclosures: * Town of Southold Development Rights Easement * Boundary Line Agreement * Location map * Aerial map * Survey of Property * Soils Map * Definition of terms * overlay Easement (Available at www.PeconicLandTrust.org/RFPDeepHoleCreek) QRANT QF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT is made on the day of -11 2021 at Southold, New York. The parties are PECONIC LAND TRUST, INCORPORATED, a New York not-for-profit corporation, with offices at 296 Hampton Road, Southampton, NY 11968 (herein called "Grantor"), and the TOWN OF SOUTHOLD,, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959 (herein called "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-115-10-1., more fully described in SCHEDULE "A", attached hereto and made a park hereof and hereinafter referred to as the "Property" and shown on the survey prepared by Kenneth A. Woychuk, Land Surveyors dated {a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"}; and WHEREAS, the Property is located in the Agricultural-Conservation Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II 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, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS,, the Property is currently used for agriculture; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Southold Town Comprehensive Plan dated February, 2020 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law (""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 agricultural economy; and 1 WHEREAS, the Property in its present condition has substantial and significant value as an agricultural resource since it has not been subject to any substantial 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 agricultural 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 Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof. NOW THEREFORE, in consideration of EIGHT HUNDRED TWENTY ONE THOUSAND ONE HUNDRED DOLLARS AND 00/100 ($821,100-00) and other good and valuable consideration paid to the Grantor,, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "'A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the use and benefit of the Grantor, its legal representatives, successors and assigns, the fee title to the Property, and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 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, except as set forth in 2 Report # � _ , . _,._., and possesses the right to grant this Easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law, and §247 of the New York State General Municipal Law (""General Municipal Law"}, and §49- 301 et seq. of the New York Environmental Conservation Law (""Environmental Conservation Law") to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the value of the Property resulting from its agricultural use and further recognize the common purpose of preserving this value by limiting the uses of the Property. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its agricultural 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 Governmental Recognition New York State has recognized the importance of public and private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law §247,, New York State has further recognized the importance of both public and private efforts to preserve land in a scenic, natural and open space condition through conservation easements by enactment of §49-301 et seq. of the Environmental Conservation Law. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code ("IRC') and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting 3 the present condition of the Property's agricultural and other resources and to otherwise aid in identifying and documenting such 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 cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a survey prepared by Kenneth A. Woychuk, Land Surveyor dated , and a Phase 1 Environmental Site Assessment dated by Cashin Associates. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents,, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 jype This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions For purposes of this Easement, the following terms shall have the meanings set forth below: The term "development rights" shall mean the permanent Legal interest and right to restrict the use of the Property to uses or purposes consistent with the terms of.this Easement, including agricultural production 4 as that term is presently referenced in §247 of the General Municipal Lew and defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") now, or as they may be amended, and including the production of crops, livestock and livestock products as defined in §301(2) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now, or as said §301(2) may be amended. No future restrictions in said laws or limitations in the definitions set forth in said laws shall preclude a use that is permitted under the current law as of the date of this Easement. The term "improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. The term "lawn" shall mean an area of land on which grasses or other durable plants are grown and maintained at a short height and principally used for aesthetic or other non-agricultural purposes. Land that is in agricultural production, including sod farming, or land in a fallow or otherwise idled manner, is not "lawn." The term "riding academy" shalt mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. The term "structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm irrigation systems, nursery mats, temporary animal shelters or fencing necessary for agricultural operations or to mark the boundaries of the Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.44 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities with an interest in the Property 5 and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its respective subsequent agents, successors, and assigns, and the words "Grantor and/or Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE Grantor, for EIGHT HUNDRED TWENTY ONE THOUSAND ONE HUNDRED DOLLARS AND 00/100 ($821,100.00) and such other good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 101 Structures No structures may be erected or constructed on the Property except as after review by the Southold Town Land Preservation Committee ("'Land Preservation Committee") for consistency with the purposes and other terms of this Easement, and as permitted under other applicable provisions of the Town Code and Sections 1.02 and 4.06 of this Easement. 3.02 Excavation and Removal of Materials; Mining. The excavating, regrading, scraping or filling of the Property shall be prohibited, without the prior written consent of Grantee, including but not limited to review by the Land Preservation Committee. Mineral exploitation, and extraction of any m ineral, including but not limited to soil, gravel, sand and hydrocarbons, by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials from the Property is prohibited, nor shall the topography of the Property be changed, except in connection with normal agricultural/horticultural activities, all of which shall require the prior written consent of Grantee, including but not limited to from the Land Preservation Committee. 3.03 Subdivision Except as provided in this Section 3.03,, the Property may not be further subdivided pursuant to Town Lew §§265, 276 or 277 or §335 of the Real Property Law, as they may be amended, or any other applicable State or local taw. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, modify or alter lot lines between the Property and adjacent parcels, or subdivide the Property, provided that all resulting parcels contain at least 10 acres of preserved agricultural land subject to a development rights easement or other conservation instrument. Notwithstanding this Section 3.03, upon the death of Grantor or its members, the underlying fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of kin by will or operation of law. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited,, This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Property, including fertilization,, composting and crop removal. 3.05 Signs The display of signs, billboards,, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or 7 (d) with the consent of the Grantor, to announce Grantee's Easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems (""utilities") on the Property to service structures approved pursuant to §4,,06 shall be prohibited without the prior written consent of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways,. and may be used to service the permitted structures on the Property, and on adjacent properties subject to a development rights easement or other conservation instrument. Existing underground irrigation systems may be repaired or replaced without the consent of or review by the Grantee. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited., For the purposes of this section, agricultural production,, as that term is presently referenced in §247 of the General Municipal Law and defined in Chapter 70 of the Town Code, now, or as they may be amended, and including the production of crops, livestock and livestock products as defined in §301(2) of the Agriculture and Markets Law, now or as said §301(2) may be amended, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Property. Grantor shall not establish or maintain a lawn on the Property. Hunting is permitted on the Property provided it does not interfere with agricultural production and is conducted in accordance with sound agricultural management practices. 8 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides,. herbicides, and fungicides) that are in accordance with sound agricultural management practices of the Natural Resources Conservation Service ("'NRCS"'I. 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property or onto adjoining properties. 3.10 Lot Yield; Future Development Except as provided herein, the use of the acreage of this Properly for purposes of calculating lot yield on any other property shall be prohibited. Grantor hereby relinquishes to Grantee all existing rights to develop the Property (and any such further rights that may be created through a rezoning of the Property) except for the right to construct, maintain, alter and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06 or elsewhere in this Easement, and the parties agree that any other 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 the provisions of ARTICLE THREE, Grantor shall retain all other 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, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. Grantor shall also have the right to use the Property for traditional private recreational uses, provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the purposes of this Easement or other applicable law. These uses shall not be offered or provided for commercial purposes, including the commercial gain of Grantor or others. Hunting to remove predators which harm agriculture production shall not be deemed a recreational use or a use for commercial purposes. 4.04 Landsca ping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when deemed to be invasive, dead, diseased,, decayed or damaged or interfering with agricultural production or other permitted uses of the Property, including activities permitted in Section 4.06, to thin and prune trees to maintain or improve the appearance of the Property or to benefit permitted structures and improvements, and to mow the Property. Notwithstanding the above, Grantor is prohibited from establishing or maintaining a lawn on the Property, as set forth in Section 3.07. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is presently referenced in §247 of the General Municipal Law and defined in Chapter 70 of the Town Code, now, or as they 10 may be amended, and including the production of crops, livestock and livestock products as defined in §301(2) of the Agriculture and Markets Law, now, or as said §301(2) may be amended. No future restriction in said laws or limitations in the definitions set forth in said Paws shall preclude a use that is permitted under the current law as of the date of this Easement. Grantor may offer "U-Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted In conjunction with seasonal harvests,, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the purposes of this Easement or other applicable laws. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Section 4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instirument, including but not limited to farmstands. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect, alter and maintain the following improvements on the Property, as may be permitted by the Town Code and subject to review by the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the purposes of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property, or on adjoining lands subject to a development rights easement or other conservation instrument; (ii) New construction, including drainage improvement structures, provided such structures are related to or accessory to agricultural production; (iii) Renovation, maintenance, alteration, expansion and repairs of any existing structures or structures built or permitted pursuant to this Section 4,06, provided the purpose of the structure remains agricultural; {iv} Additional types of structures, improvements or uses consistent with the purposes of this Easement which 11 , arise from future developments in agricultural production or scientific, mechanical or technological advances in agricultural production. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, and otherwise be consistent with the purposes of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall ale all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all 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 transferee, 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 dale, office, fiber and 12 page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. 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, subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments,. expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions, provided same arises when Grantee or its agents is lawfully on 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, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; 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 13 matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors, or those matters arising when such persons are not lawfully on the Property. Grantor as used in Sections 5.02 and 5.03 shall refer only to the owner of the Property at the time the injury, damage, action or claim arose. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine 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 purposes, except as provided in Section 6.02 and 6.03, or to permit access upon the Property by the public,, Notwithstanding the above, Grantee's use of drones shall be limited to purposes of enforcement of this Easement and to inspection under this Easement when traditional means are not available, and shall occur only with prior notice to Grantor and consent for same, which consent shall not be unreasonably withheld. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather 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 or crops, livestock or livestock products 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 may be inadequate. Therefore, in addition to, and not as a 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,, 14 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 or such longer period as is reasonable during which time Grantor is curing or attempting to cure such breach, default or violation, taking into account extreme weather conditions or catastrophic events (which such time period for notice 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 agricultural 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, taking into account extreme weather conditions or other emergency conditions or other emergency or catastrophic events: (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 (iii) To enforce any term provision, covenant or obligation in this Easement or to seek or enforce such other legal and/or equitable relief or remedies as Grantee reasonably 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, as approved by the Court. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within thirty (30) days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered electronically and by first class mail, or by hand or by certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested, or by nationally recognized overnight courier (USPS, Federal Express, etc.). 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 6.04. Mailed notice to Grantee shall be addressed to its principal office recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 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 the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6,06 Extinguishment of Easement/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the purpose of this Easement described in Section 0,03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor,, its successors or assigns, shall not be required to pay any penalties., but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural value of the Property. If the condemnation is undertaken by an entity other than the Grantee,, then the remaining portion of the condemnation award shall be 16 payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. 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 may be amended only with the written consent of Grantee and current owner of the Property and in accordance with any applicable State and local laws. Any such amendment shall be consistent with the purposes of this Easement and shall comply with the Town Code and any regulations promulgated hereunder, and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Cade §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 §170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.43 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. In addition to the limitations set forth above, Grantee shall have the right to transfer all or park of this Easement to any public agency, or private 17 non-governmental nonprofit organization, that at the time of transfer is a "qualified organization" under §170(h) of the Internal Revenue Code, provided that the transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement, whereupon all references to Grantee shall be to such entity. Any easement transfer must be approved by the Grantor or any subsequent owner. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency or private non-governmental nonprofit organization that agrees to assume the responsibilities imposed by this Easement. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court shall not beinvalidated. 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. 7.05 Governing Law New York law applicable to deeds to, and easements (including conservation easements pursuant to the Environmental Conservation Law) on 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. 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 the parties. The parties intend that this Easement, 18 which is by nature and character primarily negative in that Grantor has restricted and limited its right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.47 Public Access Nothing contained in this Easement grants,, nor shall it be interpreted to grant, to the public, any right to ender upon the Property, or to use images of the Property. Grantee may use images of the Property only for non-commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headin The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: GRANTOR: PEC4NIC LAND TRUST, INCORPORATED, a New York not-far-profit corporation By Its ACKNOWLEDGED AND ACCEPTED: GRANTEE. TOWN OF SOUTHOLD, a municipal corporation BY: Scott . Russel , Supervisor 20 IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: GRANTOR: PECONIC LAND TRUST, INCORPQRATED, a New York nod-for-profit corporation By: 9. Its ACKNOWLEDGED AND ACCEPTED: GRANTEE: TOWN OF SOUTHOLD, a municipal corporation Scott A. Russell, Supervisor STATE OF NEW YORK) COUNTY OF SUFF40K), SS; On the 1(� day of M& in the year 2021 before me, the undersigned, personally appeased J 6-�a kno personally wn to me or proved to me on the basis of satisfactory evidence to be th individual(s) whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that byhis/her/theirsignature(s)on the instrument, the individua/(s), or the person upon behalf of which the individual(s)acted, executed the instrument. Signatur%ffc f mdi�idu ing ackn ow/edgement K �: Iq�IK.YGUARTY .o(ARV NOURYVWW.nATE OF IOW YORE( Registration Nu . ��.+uoL49267 11�iM1�111 No.01 r i1wwMd In SutFoa Canty Oil/N ouftk CourMy COswiMllon glow 60M Oc1o1Mr 3,2Ot07J STATEOFNEW Y4RK COUNTY OFSUFFDLK ) SS.' On this day of in the year 2021 before me, the undersigned, personally appeared Scott A. Russell, personally known to me or proved to me on the basis ofsatlsfactory evidence to be the individual(s) whose names)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hey/their capacity(ies), and that byhis/her/their signatures)on the Instrument, the individual(s), or the person upon behalf of which the individual(s)ached, executed the instrument. Signatur%ice ofindividua/taking acknowledgement 21 BRIDGE E=�M ABSTRACT NMOW, BOUNDARY LINE AND MAINTENANCE AGREEMENT This Agreement, made the day of f 2022, between THE KOEH LER FAMILY LIMITED PARTNERSHIP, with offices at 103 Allen Blvd., Farmingdale, NY 11735 (hereinafter "KOEHLER") Y Part of the First Park, and GERARD E. DIFFLEY AND KAREN L. DIFFLEY, residing at 435 Lupton Point Rd., Mattituck ,NY 11952 (hereinafter"DIFFLEY") Party of the Second Park; WHEREAS, the Part of the First Part is the owner in fee simple of certain real property known as and Y b NO#� New Suffolk Ave., Mattituck, NY, designated as District 1000, Section 115.00, Block 10.00, Lot . on the Tax Ma for the County of Suffolk, State of New York and as more particularly 001.000p • described on Schedule A attached hereto and made part hereof (hereinafter Parcel A"), and WHEREAS b the Park of the Second Part is the owner in fee simple of certain real property known as and y 435 Lupton Y� ton Point Rd., Mattituck, NY, designated as District 1000, Section 115.00, Block 011.00, Lot 00 1 on the Tax Map for the county of Suffolk State of New York and as more particularly described on Schedule B attached hereto and made part hereof (hereinafter "Parcel B"); and WHEREAS, Parcel A adjoins Parcel B; and WHEREAS a survey of Parcel A has been prepared by Kenneth M. Woychuck Land Surveying PLLC, land surveyor, last dated January 25, 2022 (hereinafter the "Survey"), a copy of which is attached as Exhibit 1. Said survey shows, among other things, are a arborvitae hedge and row of spruce trees which run along or nearbythe southerly line of Parcel A and the northerly line of Parcel B, but is situate up to 7.4 feet inside Parcel A; and WHEREAS the parties desire to fix and definitely establish the boundary line between the two parcels mentioned above respectively owned by there without resort to litigation; and NOW, THEREFORE, in consideration of the mutual promises and conveyances herein contained, and other good and valuable consideration, the receipt of which is hereby mutually acknowledged, the parties hereto for themselves and their heirs, legal representatives, successors and assigns, covenant and agree as follows: of the placement of the arborvitae hedge and row of spruce trees between Parcel A That irrespective and Parcel B the common boundary line between the parcels shall be deemed the southernly boundary property of the owned by the Party of the First Part and the northerly boundary of the property owned by the Party of the Second Part is established as being described as follows: South 78 degrees 47 m inutes 10 seconds West, 280.20 feet And the Party of the First Part does hereby remise, release and quitclaim unto the Party of the Second Part, t assigns, i successors and assi ns, all of its right, title and interest in and to any land lying to the south of the said boundary line so established, and the Party of the Second Part does hereby remise, release unto the Part of the First Part, its successors and assigns, all of its right, title and interest and quitclaim Y in and to any land lying to the north of the said boundary line so established, an d agree and acknowledge that any use by the Party of the Second Part, their heirs, The parties further ag 9 al re d signs, of any portion of Parcel A lying boundary leg representatives, successors an as earth of said against the Part line, is permissive and not hostile to or with any claim of rightg Y of the First Part, their heirs, legal representatives, successors and assigns, A BRIDGE ABSTRACT NMMW- The party of the Second Part acknowledges and agrees that the arborvitae hedge and row of spruce trees may remain in its current location with the permission of the Party of the First Part for as long as said arborvitae hedge and row of spruce trees stand. The parties further agree to each maintain the arborvitae hedge and row of spruce on their respective properties at its current height for as long as said trees shall stand. In the event of any "die off' of the existing arborvitae hedge row and spruce trees, replacement trees of a similar type and height will be planted on the common boundary line. IT IS MUTUALLY AGREED AND COVENANTED that this agreement shall run with the land and inure to the benefit of and be binding upon the parties hereto and their respective heirs, legal representatives, successors and assigns. In WITNESS WHEREOF, we have hereu our hands and seals on the date first above mentioned. HE HLE Y LIM ITE ARTNERSHIP B FZRA D E. IFFLEY KAREN L. DI FFLEY f STATE OF NEW YORK } } ss.: COUNTY OF S U FFOLK } On the - - day of in the year 2022 before me, the undersigned, personally appeared JOHN KOEHLER, p rsonally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individuals), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK } } ss.: COUNTY OF SUFFOLK } On the day of in the year 2022 before me, the undersigned, personally appeared GERARD E. DIFFLEY AND 4REN L. DIFFLEY, personally known to nee or proved to nee on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individuals), or the person upon behalf of whiO,,the indlvidual(s�acted, executed the instrument. 714 Notary Public r `� n P BRIDGE ABSTRACT INSERT SCHEDULE A IFG Ala otia,1. Title Srisuratice Coiiipaii j) Title Number.- BAL5266S Page 1 Amended 1/31 /2022 SCHEDULE A DESCRIPTION at certain lot piece ❑r parcel of land, with the buildings and improvements thereon erected, ALL that plot, p situate, lying � to # in and being in the vicinity of Mattituck, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINN ING at the corner formed by the intersection of the easterly side of Marratooka Road and the southerly side of New Suffolk Avenue; RUNNING THENCE from said point or place of beginning along the southerly side of New Suffolk Avenue North 78 degrees 40 minutes 30 seconds East, 997.23 feet to a stone monument and land now or formerly of Doreen E. Evans and Martin P. Evans; THENCE along said last mentioned land the following two (2) courses and distances.- 1. South 03 degrees 46 minutes 30 seconds East along last mentioned land, 181.60 feet; 2. south 69 degrees 36 minutes 50 seconds East, 43.82 feet to the westerly side of Deep Hole Creek; THENCE the following three (3) tie line courses and distances along the apparent high water mark of Beep Hole Creek. 1. south 23 degrees 18 minutes 94 seconds East, 99.43 feet; 2. South 03 degrees 31 minutes 41 seconds West, 97.78 feet; and 3. south 06 degrees 44 minutes 36 seconds East, 109.47 feet to land now or formerly of Douglas Hirsch and Leslie Hirsch; THENCE along said last mentioned land the following three (3) courses and distances, 1. South 78 degrees 40 minutes 30 seconds West, 97.20 feet; 2. South 86 degrees 40 minutes 20 seconds vilest, 55.88 feet to a monument; and 3. south 08 degrees 09 minutes 00 seconds East, 321.41 feet to a concrete monument and land now or formerly of Edward Hanes; THENCE along said last mentioned land, and along land now or formerly of Henry J. Loefler and Nancy M. Loefler, and land now or formerly of Gerard E. aiffley and Karen L. Diffley, South 78 degrees 47 minutes 10 seconds West, 440.77 feet; THENCE North 71 degrees 39 minutes 20 seconds vilest, 223.91 feet to the easterly side of Marrartooka Road; 1 FG National Title hisurccnee Compan.j) Title Number: BAL5266S Page 2 g THENCE northerly along the easterly side of Marratooka Road the following two (2) courses and distances: 1. North 24 degrees 38 minutes 39 seconds West, 275.29 feet; g 2. North 18 degrees 14 minutes 20 seconds West, 425.18 feet to the point or place of BEGINNING. SUBJECT to a Right of Way over the subject premises as contained in Liber 1943, Cp. 140, as repeated in Liber 4980, cp. 548, in Liber 12241, Cp. 322, and in Liber 12709, Cp. 877. SUBJECT9 Y to a Right of Way in favor of Tax Let 092.909 as contained in Liber 5759, Cp. 305, and repeated in Liber 11974, Cp. 395. 2 s ; BRIDGE ABSTRACT INSERT SCHEDULE B I ALL that certain plot, plmer or psrcv)or i.nd,MO tht buildingA ind improvements thercvn erected,situate.,[oq snd Mns*tdt at Matti tuck, Torn of Southold, County of Suffolk and State of Now York, more particularly bounded and described as f0110weI BEGINNING at a point in the center line of a 20 foot right-of-way running easterly from Marratooka Road, Said point being 223.91 feet easterly as measured along the center line of the 20 foot right-of"* way from the easterly side of Marratooka Roedl Running thence North 78 degrees 47 minutes 10 seconds East along land of RulAnd 280 s 2Q feet to land of Karns DIST. Thence South 4 degrees 03 minutes dD seconds East along maid land l000 140.48 feet t Thence northwesterly along the center line of a 20 foot right-of- way North 73 degrees 28 minutes 50 seconds Wean 262*15 feet and SECT. North 71 degrees 39 minutes 20 seconds West 35.26 feet to the Point 115,00 or place of BEGINNING. �.,rofA,%# c'/ N TOGETHER with�a right of way over said 20 foot right-of-way from the southeasterly corner of the promisee westerly about 520 feet BLK6 to Marratooka Road, Also with a right-offtway over said 20 foot 111100 right—of-wary from said southeasterly corner of the promises easterly to Deep Kole Creek. Also with a right-of-wary over said 15 foot right»of«way from the northeasterly corner of the promises easterly about 311.70 feet to Deep Hole Crank. LOT 0014 004 BEING AND INTENDED to be the same promises conveyed to the party of than first part by iglars Adr�aensssns and Doris Adriaansaens by dead dated August 5, 1977 a.nd recorded in the Gf f ice of the Suffolk County Clerk on August 12, 1977 in Libor 8288 at page 103. e � 'ABRIDGE ABSTRACI" INSERT EXHIBIT I ill ' f•II■i t u e■,L,.I�I {, ..'�'......'.�,.• - ....- rr ..n'r�.+n.�.�•" r• ,I:.Y ^vy�5 �Yy i��.�1`•-! fail I�y� '1 Lj �j pt ''1 j� L .R.1�•t�•i,. W� y.'. r.:' 1..: ':,ri S �� E,l �!. + `�'., � r,, .., 'C? :.i,, ��. �•' •" a e:� ',�� �; .ice, i--G 1- nu .i t.,+ �..;� 1•; 1; 'r 1� 1? ii fl t , ..j.".f.r fir, ��• , •�k r..}•Tr: I 1_ 1' � •3 ' t h 1. - �..'1'�-. .!.1. ■•+l.r S.i:{ 1..'1!1+'S 1 1 1. i+ r :; l I -iw'_1.r+•i•-.-• � ,n.-w....._..••• r 1, . �:� •Y l' nrYl{�........ *..,�•' yi�_ 1 .�,` R•�� °;S' - r .n�.•''. .� :S'r,".n '�F .7*r i.,.."✓ :1,,-.,.�•��4Z�'t•.„f�51,r},� 1`,�,� f v� Jl '� I.Ni'I a•,!1.'1 - �-�y.•�,�'; j 1} -r rrA,l 1'y` •r�,Y�•� ����+ Lr -..... , �F • �.r ,r' .1:�•. _. : �lr--:.r••r:• S+' it to �' 1 �' � r ;. :w y.,._,,_,.,,,►.��. ..rr•.x rrt-S^-_..•{t'• .e r ....� :. 1� �i•L. ;' it �. •�'3 .1.. _ � r � * ;•-1'+ .r...:1:.. - ..• •- 1 •i err•• .. r l � ■: Sf �iY _• si is is. •', !; +M1 , l..ri,•k Ir.�". i Fri •y', •• s1 +• ,tif .. " Ei ......- 7i► irk 1►'r r ....r�..K..�. f�, i � ��7� �• •..ram f. r a� IIAA`ii ' il�� it e.• 1j r F Gam' '.,i ...L.' �,�, i•t it 1 r t 1 1 1 � �R ►•'� 3� '`^TAB fl � �•. ti..,. ` 1'•w ,�r is E ce �} .sue NO i �7'1•f� + I ., t r f I� J• I It 17 v r Ix z :s I CIO K Alk S i L 3 h c s as M 'c .y y'T g h •3 1 Pol Dip. A F: s 1 s k 9 i e r.... 0 250 500 Feet - -• Peconic Lana Trust 296 Hampton Road J PO Box 1776 DeepHole Creed SCTM#: 1000-115-1[]-1 631-283-3195 Location Map Acreage: 14.94 Acres Prepared by:Thomas Corcoran Town of Southold, NY Prepared on:7/28/2022 www.PeconicL andTru st.or Source:Suffolk County Real Property Tax Service Agency ,A, efi te fT ::... r CD v L; ism .:fit,•; .,< .a `��=:�, v ^� r. �.s.'rr:•n.V vq�Y L J. •- u� e �C i] .1 k� V ter.;: '•:r' � 'y 3•fy' `���` �rI r.7k' E' .�C�r nS✓�. � an ":�. .sue a=•�-•:r•:: w l��'•..'• III t r, s l r-� f v v ^ V �yrrr':��ac• a::�::,,z.. � � r--I E" •�t .::' �• "'.'�� a::,:y.,�:�`• _ � � Lyy � 'n ORMW Emompp- v O 6 ..a. s�f• r �{J h 3 A L 7 i M 3 •G cd ap a� �•a ,L N �.l• 5'v;r y .L vi �:w: IS K C5(A (n z! ca.1 L LO N�CL W J tx L6 ui(A L'i'i 5i I 1, R 0 CDkx' 0 All AL 0 4�1 L LLJ 7 ni Z C) ix C) H- ­8 u z 44�1 I- 0 <x 'y OR 9 sSii L? 'ma ly1g, OWA 1-111*Afcq) at N I.J. S 03 r% Nk v N;x 6"T r- ------------ Tj no s 4a2 fo c3 L6 12 Y -f'\ gx 44. x x x x II _ram X x Fo, x x x ib x x x x x X x x x x x a W 4,7 f X X X X x x 23 4� x x x x x x x D x x x x x x x —A x x x x x x x X a x II x x x x x x x x x x x x x x x X, x x x x x x x o� wwx x x x x x X, x x 0 x1) vA zz ............ LO 4- 0 US 7 .. .... ....... ............... -7 _,T� .............. .. ........ 4v Z ............ .................... .......... ........... .......... ........... ....... ............ 3 dwo . .... ...... .4-,1 tip, ...... ........... ............. 4-1 t,j A ........................ wn Y'VI -7 v*F Is' lz ISL r wo, jr!7� ............ ............. ­V. �Wele 14� ............. 7 Z�:7 IS ......... ME Ofe . ........ ............ �R m ....................... A;;� ........... ....... .......... MeM Z5 M.,-9, R", N� 111SYNIX211,IRWIN "S R, M ME A- 11,101 MW .......... LO C, Me M 'I "N ri .......... M. O-N M IL4 Cj 2 P_, V%, 'R 1111WR ...................... DEFINITION OF TERMS Production of Foods:The cultivation, growing, raising, and/or production of Food and Food Products,including but not limited to row crops for consumption as food by livestock for either direct consumption,such as beef cattle, or indirect consumption, such as dairy cows for the production of milk and milk products or chickens for the production of eggs.The cultivation, growing, raising, or production of row crops for consumption as food by livestock that is not used for either direct or indirect food consumption, such as horses,is not within the meaning of Food Production. Sustainable Agricultural practices: integrated system of plant and animal production practices having a site- specific application that will, over the long term: satisfy human food and fiber needs;enhance environmental quality and the natural resource base upon which the agricultural economy depends;make the most efficient use of nonrenewable resources and on-farm resources and integrate,where appropriate,natural biological cycles and controls;sustain the economic viability of farm operations;and enhance the quality of life for farmers and society as a whole (USDA,2007:http://www.nal.usda.gov/afsic/pubs/terms/srb9902.shtml).