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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 _
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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
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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
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A2.1 EXTERIOR ELEVATIONS 04/all/24 NOT FOR CONSTRUCTION
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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
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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
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'T USE: R-SINGLE FAMILY PYiFLLINC, 4180 NEW 5UFFOLK
CONST_TYPE: TYPE 5-B
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v PROPOSED WIDE ACCESS RESERVE/DEVELOPMENT AREA#113 S PE510N METHOD: PRESCRIPTIVE AS PER: MATTITUCK,N(
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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^.�
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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 -
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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
- - - - - - - - - -
. . . . . . . . . . . .
. . . . . . . . . . . . . . . .
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. . . . . . . . . . . . . . . . .
. . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
74
41 . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . k w . . . . . . . Z
p k I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . .
. . . . . . . . . . . .
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . L . . . . . . . . . . . . . . . .
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- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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. . . . . . . . . . . . . . . . . . . . . . .
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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
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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
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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
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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).