HomeMy WebLinkAboutNYS Dept of Agriculture ~T.TgABETI~ Ao NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS M-A/qAGFAViENT OFFICER
i~O~EEDOM OF INFORMATION O~'~'ICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.nor thfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
ON APRIL 20; 2004:
THE FOLLOWING RESOLUTION NO, 333 OF 2004
REGULAR MEETING O17 THE SOUTHOLD TOWN BOARD
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute New York State Department of Agriculture and
Markets Contract C800591 in connection with A~ricultural and Farmland Protection
Implementation Grant in the amount of $1 ~000,000 for the term January 14, 2004 through
March 3 I, 2006, all in accordance with the approval of the Town Attorney.
Elizabeth A. Neville
South01d Town Clerk
1VIELISSA A. sPn~O
LA_ND PRESERVATION COORDFNATOR
Town Ha~l. 53095 State Route 25
P.O. Bo~ 1179
Sottfhold, New York 11971-0959
Telephone (631) 765-5711
Fax (631) 765-1366
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
Memorandum
To:
From:
Date:
Re:
Elizabeth A. Neville
Town Clerk
Melissa Spiro
Land Preservation Coordinator
June 23, 2004
Contract No. C800591 - Sf,000,000
Town of Southold Agricultural & Farmland Protection Implementation Grant
Contract Pedod: 1/14/04 to 3/31/06
BeEy: ~
Enclosed for safekeeping in your office, please find a fully executed original
Agreement of the "Town of Southold Agricultural Farmland Protection Implementation
Grant" contract no. C800591 in the amount of' $1,000,000. A copy of said agreement is
also on file here in my office.
Melissa
/md
el'lC.
AGREEMENT
New York State
Department of Agriculture and MarketS
I WlnnerS Circle
Albany, NY 12235-000t
Agency Code 06000
AGRICULTURAL AND FARMLAND PROTECTION
IMPLEMENTATION GRANT
STATUTORY AUTHORITY: Agriculture and Markets Law
Article 2S-AAA
Contract N.mber: C800591
Amount of Agreement: $1,000,000
Contract Pe~od: 1/14/04 to 3/31/06
Municipal Code: 47 03 7900 0000
Contractor Name/ProjectSponsor: Town of Southold :-.. . ~
,,? - r :'7 Ig ~.,
th~/l~ :: ~ SUe: NY ap: 11971
Street: 53095 Route 25 cltT: Sou -~ ~.~ .
/
Billing Address (if different from above): i ~ [
Street: Ci~: i I S~te: Zip:
DEFT 3F L~ND J
~fl~escription of Pmjsct: To~ of Southold ..= ................................
THIS AGREEMENT INCLUDES THE FOLLOWING: FOR AMENDMENTS CHECK THOSE THAT APPLY:
If Increase/Decrease in Amount:
[] This Covemheet
[] Appendix A (Standard Clauses for all New York State
Contracts)
[] Appendix B (Preject Budget)
[] Appendix C (Award letter(s) & a portion of Applicant's proposal)
[] Appendix D (The Depertment's General Conditions)
[] Appendix E (Federal Canditionn)
[] Appendix F -(Cooperative Agreement )
[] Additional Work
[] Extension of Time
From to
[] Increase Amount
[] Decrease Amount
[] Revised Budget
[] Revised Scope of Work
[] Other
Previous Amount:
Increase/decrease
New
The Contractor and the Department agree to be hound by the
terms and conditions contained in this Agreement
CONTRACTOR ! NYS DEPARTMENT OF AGRICULTURE &
MARKETS
Signature of Conb'actor's Authorized Representative:
Oate:,/~ Apr' 21, 200'~.
Joshua Y. U.~t~n
Title of Authorized Re~rceent~ive:
SupeFvisor, Town of Southold
NotaP! Public: On this day before me personally appeared
Joshua Y. Horton . to me known, and
known to me to be the same person who executed the above
inst~ment and duly ag~)now~e~ged the execution or the same.
~.t~omey General: No. 01B06020932
Qualified in Suffolk Coun~
Term Expires March 8. 20
Signature o/~thodzed Official:
Dat;':~ TM ,('"/~'/'/J'~'
.--T~Fe'E or Pdnte~Na~e of ~ove Official
R~h A. Moore
~irst ~epu[y ~omiTli~lu~
~tle ~ Authorized Official
StoiC Agency Certification: In addition to the acceptance
ef this contract, I also certifi/that odginal copies of this
signature page ~,~1[ be attached to all other exact copies
of this contract.
App~ow
By:
JUN 0 2 2004
FOR H~E STATUTE C~LLER
STANDAItD CI .AUSE$ FOR l~t'$ CONIRACTS
Contractor or
(~tatc Finance Law Secd~] 163.6.a~.
6. ~AGE AND HOURS PROVLqION$. If this i$ a public work
eonla~t covered by Art/cie 8 of the Labor Law or a build/ag sen4ce
conh-act covered by Art/cig 9 ~h~rcvt~ ne/thc~ Coa~actor's emplo)'ees
nor thy employees of it~ subcontrat tots may bo r~qu/red or permitted to
tv/ay, 2003
Ma~ 2003
NYS l)eparuaent of Eeonorrfic Development
Division of M/nonB, and Women's B L~iaeSS Development
3fl $otl~lt pea~l St -- 2ad Floor
Albany. New York 12245
Page 3
May, 2003
Proposed Project Budget
Farm Name: Not Yet Determined
PROJECT COSTS
Estimated Value of Conservation Easement
Total Project Costs
Municipality: Town of Southold
1,333,333.00
1,333,333 I
333,333
FUNDING SOURCES
Local Match Funding
Municipal Funds
Landowner Donation
In-Kind
Other (foundation, federal, etc.)
Subtotal
% of total project costs
333,333
25%
Identi~:
State FundinG
State Funding
% of total project costs above
$ 1,000,000 ]
75%J
STATE OF NFW YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
George E. PatakJ
(.~ovemor
January 14, 2004
Mr. Joshua Y. Horton, Supervisor
Town of Southo/d
53095 Route 25
P.O. Box 1179
Southold, New York 11971
Dear Mr. Hortou:
I am very pleased to i,aform you that the Department of Agriculture and Markets has awarded the
Town of Southold thc sum of $1,000,000 to assLst tho Town in its fax-mia,ad preservation efforts. B~sed
upon your FY2003ff2004 Agricultural and Farmland Protection /mplemuntation Grants proposal, the
Department has provided matching funds toward pm:cheshlg the development rights on may of the parcels
for wlfich you applied.
Before State funds can be provided for the purchase of easements or development rights on any of
th~se farm parcels, ir will first be necessary to develop n eootract be~weun the Department and the Town.
This contract must contain, at least, an agreed upon plan of work and budget. Project expanthtmes, which
oacux prior t~ the approval of the contxact by die State Comptroller, might not be rehnbursed. Therefore,
we strongly advise that yon not incur any expenses for which State zeJnnbursemen[ will be sought until the
contract is approved.
In order to facilitate the timely development of a contract, I am requesting that you identify the
principal Contact person with whom you would like us to work. Please provide tiffs i~fformation to Ken
Ocuduns, the DepathL:ent's Farmland Protection Program Manager. lie may be reached by phone at 518-
457-2713, by fax at 518-457-2716 or by e-mail at ken.gmdens@agrn~t.state ny.us.
The Department looks forward to working with yon in preserving your valuable fa,x~and
resources for ag~icultt~ral production purposes now and in the lucre.
Sincerely.
NATHAN L. RUDOERS
CommJssiooer of Agriculture
and Markets of the State of New York
CC:
Melissa Spiro, Land Preservation Coordinator
Kenneth Schnfitt, Chair, Suffolk County AFPB
I Winners Circle · Albany, New York 12235 · Phone: (518) 457-8876 ~ Fax: (518) 457-3057
~ printed on recycled paper
Part A. Applicant Information
Applicant:
Contact Person:
Town of Southold, Suffolk County, New York
Joshua Y. Horton, Southold Town Supervisor
53095 Maia Road
Southold, New York 11971
Molissa Spiro, Southold Town Land Preservation Coordinator
Deparm~ent of I~aud Pxeservafion
53095 iVmin Road
Southold, New York 11971
Telephone:
Fax:
E-mail:
(631) 765-5711
(631) 765-1366
Melis sa. Spiro(~town. soutlxold.n¥.u~
I~em 8:
Item 9:
Item 10:
Evidence of Development Pressure
The Town of Southold has been a faru~ing community since it's founding over
350 years ago.. The Town has seen many changes, most noticeably population
increazes and the encroachment of home ..b. u/lding on prime farm/and. The Town
is located about 100 miles from the center of the New York Metropolitan area
and is adjacent to the Long Ieland suburbs of New York City. The suburban
population, nearing 3. milliot~, has caused most of the fmmland of western
Suffolk County to be converted to non-agricultural uses_
Development pressures have moved eastward in Suffolk Comity over the yaara
due to the availability of land and the desire ofurben and suburban residents to
live in a more rural, scet]ie and safe community. The establlshm eot in 1992 of
the Pine Barrens Preserve in Brool&aven, Riverhead and Southampton towns
resulted in development pressure leapfrogging to the east.. The devvlopmem
pressures pose a threat to enrrrmercial farming because farmers am reined to
compete with residential buyers for large lots.
Appmximately one-third of the Town, approximately 10,207 acres, is devoted
to active agrinnimre use (Source: Town of Southold GIS, 2003). Over the last
tweuty years, public and private efforts to conserve agricultural land for the
future have been successful in preserving over 2,800 acres o£1and. However,
during that same twenty-year period, it is astimated that the Town lost as much
acreage to development as was permananfly protected. (Somce: Southold Town
Farm and Farmland Protection Strategy, 2000)
Landowner Commi(mcnt
See attached information for each parcel.
Stewardship Responsibilities
The Towu of Southold holds the development rights, in a dedicated fasl~on and
in perpetuity, llris fact ~s reflected in the rifle retained by thc underlying fee
owner of thc preserved agricultural lands. The managemenffroonitoring of the
terms of each easement is currently a task of the Land Prmvr?afion Committee
(LPC) and the Land Preservation Coordinator. General momtoring of easements
occurs on almost a daily basis due to the fact that the amount of land on wlfich
the devclopment rights have been purcb~ased is not overwhelming, thc majority
of thc parcels are visible from the mad and all LPC members live within the
Town. The LPC maintains a file for each pmpe~y on which the development
rights have been sold. Included within the file is a survey for thc specific site.
The Land Preservation Department will conduct specific sitc monitoring on au
annual basis. The site will be inspected as to ~ts conformance to the terms of the
casement.
Item II:
Item 12:
Item 13:
Item 14:
Conservation Easement Document
Duo to a very high level of devalopment pressttre on farms ia the region, the
Town of Southold and Suffolk County typically close on development right
purchases quickly and prior to askang the Department for acq~ual payment. The
Town of Southold has worked with the Dept. of Agriculture and Markets in the
past, and the language of the conservation easements used by the Town has
boon approved by the Department. The Town is willing to work with the
Deparhnent/n advance to disenss any issues or eoncemg that Department staff
nmy have.
Planning Documents
Southold Town has pta'sued a vigorous program of Agricultural Land
Preservation. The Town has pumhascd the development rights on over 1400
acres of farmland. Thc Town Board first established a committee dedicated to
land preservation in 1983. The Land Preservation Committee (LPC) is mad~ up
of 7 members, the majority of whom are active farmers or have had extensive
experience La land preservation efforts. The tasks and goals of the Committee in
regard to agliaultmal laud preservation are cpc]led out in Chapter 25:
Agricultural Lands Preservation (Attachment A) and Chapter 6: Comm.nlty
Preservation Fund (Attachment B) of the Town Code.
in January 0£2000, the To,nm adopted a Farm and Farmland Protection
Strategy. The report outlines a strategy for leveragiag tho Town's bond funds
for the preservation of agricultural land through more pro-acfiw partnering with
other guvemmental agencies and private landowners. (Attachment C) The town
has taken several steps to implement this Strategy, including eppoint'mg a Land
Preservation Coordinator whoso primary function is to facilitate the Town's
land acquisition effmts and the partnerships needed to accelerate tho acquisition
of development rights easements and fee title purchases.
Farmland Protection Board
See attached letter (Attachment D) fxom Suffolk'County Agricultural and
Farmland Protection Board.
Key Personnel
Thc process of review, recommendation, negotiation and contract/closing,
involves Melissa Spiro, Land Preservation Coordinator, Reynold Bhim,
Chairman Land Preservation Committee, thc volunteer members of the Land
Preservation Committee, Gregory Yakabosld, Tow-a Attorney and Lisa
Komhiqn!q Legal Council. The contact for this application is Melissa Spiro,
Land Preservation Coord{nator.
Part C- Project Details for Harbes Farm
Landowner Information
o Farm Name:
co Farm Address:
F, dward and Monies Harbes
Harbes Family Farm
715 Sound Avenue, Mattituck
Property Identification
o Location:
o Tax Map #:
o Driving direct/ohs:
See attached Local!on Map for Subject Parcels (Map/ti)
1000-112-1 7
Farm is located on the north sideof Sound Avanue, just east of
Pdverhead/Southold border. Retail farmstund (Harbes Family
Farm) is prominent landmark.
Far~nland Easement Information
o Total parcel area:
o Acres to be protected:
o Acres woodlands/wetiands:
o Acres Prime Soils:
o Acres Statewide Soils:
co Reserved building sites:
42.5 acres
Approximately 32.5
0.5 acres woodlands/wetland
40.5 acres
1.5 acres
Approximately 9.5 acres will be reserved from development
right easement (2 acres located around existing dwelling; and
approx. 7.5 acres located around existing gxccaho~c,/retail area).
Nature of Farm Enterprise
Diverse farm, includes traditional row crop, corn and pumpldns, vineyard, om-eenhouses and retail, area.
Landowner has owned parcel since 1985. Family menthers own and Farm several additional parcels in
Southold and Riverhcad Townships.
Farm Succession
Parcel is within the Town's main area 0f agriculture. Refer to attached Location Map (Map #1),
showing location of all subject parcels. Entire farm contains hime Soils. Farm is adjacent to, and
across street from active agrienltttrel parcels. Farm is adjacent to significant farmland area r~enfly
protected by the State.
Proriraity to Protected Farms
Refer to attached Location Map #1 and Aerial Map # 1. showing subject pwpetty.
The farm is adjacent to 100 acres of Town owned development rights and is adjacent to 528 acres of
land recently preserved by the State, 328 acres of which arc farmland on which the State holds a
conservation easanlCnt.
Natural Resource Buffer
Parcel is within the Town's main ama of agriculture. Refer to attached Location Map (Map 81)
showing location of subject parcel in relation to other land in agfianlmrel use.
Landowner Commitment
See attached signed application from landowner
I
PR£S£RVAT!ON DE ARTM~NT OF LAND PRESERVATION
TOVfN OF SOUTHOLD
Town H~LI, 53096 State Route 25
P.O. Box 1179
Southol& New York 11971-0959
Telephone (631) 765-E711
Fax (631) 765-1366
I am the owner of the property described below and il would like to explore preservation cf this
land'under fl-,e TowWs Land Preservation programs.
Name of Owner (~.as~ pfinO
Names of. other owners
Mailing Address
Phone Number
TaxMap No. 1000 -117.. - ol - 07
Property Location ,~ ~ ~"~ k
Acreage offered for
preservation "~..5~ ,~ ~
Bdefly descdbe the property (e.g., open space, active farmland, wetland, etc.) and ideas you
may have about preservation of your property.
You may talk with the Coordinator at 631-765-5711 t~ dis~ss questions or to anange to
pa~icipate in any of the r~ular meetings of the Land Prese~ation Comm~ee.
I understand that this application does not commit me, orthe Town of Southold, to the
sale/purchase of the property or any portion of the rights thereto. Rather, it signifies an
interest in serious dialog concerning the merit and method of possible preservation of my Jand.
~, g~'-~ date. 2_./¥-o~
Please return the completed form to
Southold Town Land Preservation Department
Whe.? you ?!u. rn. th. is co .m. ple,!ed, f,orm, !! would be help? (o include an existing sur'/ey/sketch and any other
Part C - Project Details for Rowehl Farm
Landowner Information
Landowner's Name:
Farm Name:
Farm Address:
Robert Rowchl
N~ne
2755 Oregon Road, Mattituck
Property Identification
o Location:
o Tax Map #:
o Driving directions:
Sec attached Location Map for Subject Parcels (Map #1)
1000~94-4-2 & 1000-100-2-6.1
The farm is located on the north ~de of Oregon Road in
Matfituck, just west of the intersection of Elijah's Lane and
Oregon Road. The number on lbo farmhouse mailbox is 2755.
Farmland Easement Information
o Total parcel area:
Acres to be protected:.
Acres woodlands/wetlands:
Acres Prime Softs:
Acres Statewide Soils:
Reserved building sites:
32_25 acres (total area of the two. parcels)
(Tax lot 94-4-2 is single and separate 5 acrc lot,
tax lot 100-2-6.1 is 27.25 acre parcel)
Approximately 29.25 acres..
0 acres woodlands/wetlands
32.25 acres
0 acres
Approximately 3 acres el- tax parcel 100-2-6.1 will bc reserved
from the developmeut rights acquisition.
Nature of Farm Enterprise
Robert Rowehl has been fainting these pareols for over 25 years. In addition to his 25 acres, Mr.
Rowehl fam~ over 125 additional acres in the vicimty of his farm. The farm is a traditional Long
Island farm, producing mainly sum and grain.
Farm Succession
The farm is adjacent to, and in close proximity to protcvted farms. The farm contains Prime Soils and
allows for long straight rows. The farm is located witlmx large area of other pamels in agtienltural use.
The farm is supported by irrigation wells, support structures and a fannhousc~
Proximity to Protected Farms.
Refer to attached Location Map #1 and Aerial Map # 2 'showing subject prop~n~y.
The subject farm is adjacant to 11 acres of County owned dcxrelopment tights and across the street
from 36 acres of Town owned development rights. The farm is in the vicidty of an additional 51 acres
of Term aud County or,mad development rights. In addition, the Town has a per, ding offer to purchase
a development rights easement on 10 acre~ of adjacent property to the east.
Natural Resource Buffer
Parcel is within the Town's main area of agricultnrc Refer to attached Location Map (Map # 1)
showing location of subject parcel in relation to other land in agricultttral us,,.
Development Pressure
Development pressure is cspcciall}/high on tax lot 94-4-2 es it is single and s~parate 5 a~re building
lot.
Landowner Commitment
Sec attached signed application from landownar
i~OR
Town Hal~, 53095 State Route 25
P-O. Bo× 1179
$ou~hold, New Yo[-k 11971-0959
Telephone (631) 765-5711
Fa~ (631) 7§5-1366
~t~TIVI~NT OF LAND PRESERVATION..
TOWN OF SOUTHOLD
I am the owner of the property described below and I would like to explore preservation of this
land under the Town's Land Preservation programs.
Name of Owner (please pdnt)
Names of other owners
Marling Address
Phone Number
0 f a-
IVY.
TaxMap No. 1000-/v0- 2_ - g'. I J Acreage offered for
preservation
Property Location
Briefly descdbe the property (e.g., open space, active farmland, wetland, etc.) and ideas you
may have about preservation of your property.
You may talk with the Coordinator at 631-765-5711 to discuss questions or to arrange to
participate in any of the regular meetings of the Land Preservation Committee.
I undemtand that this application does not commit me, or the Town of Southold, to the
sale/purchase of the properly or any porUon of the dghts thereto. Rather, it signifies an
interest in serious dialog conc~a n~ssible ;ra~erv~/~;fo.~_~/~;r (:~
Please return the completed fonw to
Southold Town Land Preservation Department
When you return this completed form, it would be helpful to include an existing survey/sketch and any oder
readily available information mat describe~ your property.
Part C - Project Details for Carroll Farm
Landowner Information
o Landowner's Name:
o Farm Name:
o Farm Address:
Dorset Fauns Inc. (a&a. Peter Carroll)
None
4100 Oregon Road, Mattituek
Property Identification
o Location:
o Tax Map #:
o Driving directions:
Sec allached Lomtion Map for Subject Parcels 0VIap gl)
1000-100-4-8
Farm is located on the south side ~f Oregon Road, Mattimck.
Going east: 0.3 miles east of Lntersacfion of Elij',aYs Lane and
Oregon Road_
Going west: 0_5 miles west of intersection Alvah's Lane and
Oregon.
Farmland Easement Information
o Total parcel area:
o Acres to be protected:
o Acres woodlands/wetlands:
o Acres Prime Soils:
o Acres Statewide Soils:.
o Reserved building sites:
33 acres
31.5 acres.
0 acres woodlandd~vetlands within easement
29 acres
4 ac'cea
Existing structures on property will be located within 2 acre area
which will not be inelnded in development rights easement.
Nature of Farm Enterprise
The Carroll family has owned and farmed this vineyard parcel for appxoximately 10 years_ The
Canal's own and operate.another 30 acre vineyard in Southold Town, on which 25 of the 30 acres
have a development rights easement_
Farm Succession
The property is almost 100% established vineyard and is adjacent to, and across the street from, active
agricultural parcels.
Proxintity to Protected Farms
Refer to attached Location Map # 1 and Aerial Map # 2 showing subject property.
Adjacent to over 36 acres of County owned development rights, which is adjacent to. 20 additional
acres of Town owned development fights. Across tho street from over 50 aems of Town and County
owned development fights. The farm is adjacent too and in the vicinity of, other active farms on which
the Town is iaterasted ia pursuing the purchase of development fights_
Natural Resource Buffer
Parcel is within the Town's main area of agriculture_ Refer to attached Location Map (Map gl)
showing location of subject parcel in relation to other land in agricultural use. Parcel is
located wiil~l Special Grotmdwater Protection Area (SGPA is a recharge watershed area within a
designated sole source aquifer area. Southold has a designated SGPA of approximately 2,900 acres),
The fm'm parcel contains aignifioan) ro~l frontage. Therefore, the farm is an important scenic resource.
Landowner Cmnmitment
See attached signed application from landowner and the acceptance of offcr for the purchase of the
development rights.
i~I~LISSA A. SPI~O
LAN-D Pi~SERVATION COORDINATOR
21 April 2003
:
Town Hall, 53095 Sta~e Route 25
P_O. Bax 1179
Southold, New York 11971-0959
Telephone (631) 765-5711
Pax (631) 765-1366
DEPARTiI~.NT OF LAND PRESERVATION
TOWN' OF SOUTIIOLD
Peter and Deborah Carroll
Box 28
Peconio, NY 11958
R.E: Purchase of Development Rights
SCTM# 1000-1004-8
Dear Mr. and Mrs. Carroll:
On behalf of thc 'land Prasenration Conmutt~, I am pleased to outline the offer for thc sale of Development Rights to
the Town of Southold. Thc Committee thanks you fur your interest and parfi~:ipation in thc ToWn's preservation
program.
Details of the offer are as fellows: ................................ · The offered price is $26, 000 per acre.
· The total area of the property is approxinmtoly 33 acres. Your proposal includes apprc>xi,~tcly 3 I.$ acres on
which the Town will buy the develotmtant fights and an approximately 1.5 acre r~ervc area that encompasses
the ems'dug buildings and driveway. This exact acreage will be shown on the final survey.
· Thc preserved land will be for agricultural purposes only and on which no smictures shall be built.
· This offer is valid for thirty days fi-om the date of this letter.
The return of a copy of this letter with your acecp 'lane ~--endur scmeat will allow me to work with the Town Attorney to
prepare thc contract. Once you have accepted the contract, I will sobedule a Town Board public hearing. The purchase
is subj~t to approval by the Town Board. The Town of Southold will order and pay for a survey of yot~ prope~y fur
purposes of thc development righl, s a0quisitlon. The survey will be ~ubj~£ to your approval, as well as that of the
Cornmi~ In athiitiOl~ tho Town of $outhold will order and pay for an environmental site assessment and a title r~ort
for the properly.
I will do all I can to keep you irgonncd of the process. However, please feel free to call me w~th any questions that you
may have_
Sincerely,
Melissa Spire .... . .. - -.
. ..,
' ~..t ~h. abo¥. off. r to purch.. Lh~lodnt .~t/on my prop.rt~.
Part C - Project Details for Kauneckas Farm
Laudowner Information
Landowner's Name:
Farm Name:
Farm Address:
Louise Kauneckas
None
8500 Alvah's Lane, Cutohogue
Property Idenffiieation
o Location:
o Tax Map #;
o Driving directions:
See attached Location Map for Subject Parcels (Map #1)
1000-954-3.1
The farm is located on the east side o:~Alvah's Lane in
Cutchogue,
It is 0.4 miles noffit of the intersection of CR48 and Alvah's
Lane. It is 0.3 miles south of the intersection of Oregon Road
and Alvah's Lane
Farmland Easement Information
o Total parcel area:
o Acres to be protected:
o Acres woodlauds/weflands:
o Acre~ Prime Soils:
o Acres Statewide Soils:
o Reserved building sites:
26 acres
Approximately 25 acres.
0 acres woodlands/wetland
24.5 acres
1.5 acres
Appmximat61y 1. acre area i~cluding tknnstead
will be reserved from the development rights easement.
Nature of Farm Enterprise
The principal crop on this from has historically been traditional row crop a~d potatoes with
rotation/rest as needed.
Farm Succession
Farm contains Prime Soils and is flat and level allowing long swaight rows. Farm is surrounded by
active farms. The lama is supported by irrigation Wells, barm and farmhouse.
Pro.miry to Protected Farms
Refer to Location Map #1 and Aerial Map # 2 showing subject property_
The farm is adjacant to approximately 42 acres of County owned development fights, and is in the
vicinity of approximately 28 additional acres of Town owned development right~_ The farm is adjacent
to active farms on which the Tea's is interested inlpursuing the purchase of development fights
Natural Resource Buffer
Parcel is located within Special Groundwater Protection Area (SGPA is a recharge watershed area
1vjthin a designated sole source aquifer area. Southold has a designated SGFA of approximately 2,900
acres). Parcel is witlfin the Town'$ main area of agricultme. Refer to attached ~oeation Map (Map # 1)
showing location of subject pmcel m relation to other land in agricultural uae. The farm pared
contains signifieanl mad frontage. Therefore, the farm is an important scenic t~om'ec.
Landowner Commitman t
See attachcd signed application from landowner
[}EPT. OF L~ND
pRESERVATION
Town Hall, 53095 State Rout~ 25
t).O. Boz 1179
~outhold, New York 11971-0959
Telephone (631) 765o5711
Fax (631) 765-1365
~TMENT OF LAND
TOWN OF SOI-~HOLD
I am the owner of the property de. scribed below and [, would like to explore preservation of this
land under the Town's Land Preservation programs. '
Name of Owner (p~as~pr~) 0 ui5"
Names of other owners
Mailing Address /._.,,~j-~ ~_~
Phone Number
TaxMapNo. /1000-~"'-- ~ - ~,_.'1
Property Location
Acreage offered for
preservation ~. (//
Briefly describe the property (e.g., open space, active farmland, WeUand, etc.) and ideas you
may have about preservation of your pmpedy.
You may talk with the Coordinator at 631-765-5711 Io discuss questions or to arrange to
participate in any of the regular meetings of the Land Preservation Committee.
I understand that this application does not commit me, or the Town of Southold, to the
sale/purchase of the property or any portion of the dghts thereto. Rather, it signifies an
interest in sedous dialog concerning the merit and method of possible preseP/ation of my land.
P/ease return the completed form to
Southold T~)wn Land Preservation Department
When ~3u return this completed form, it would be helpMI ~.o indud6 an exiflJng survay/ske[ch and any other
readily available informa§on [ha[[ descrFo~s your property.
Part C - Project Details for Aliano Farm
· Landowner Information
o Laadowner's Name:
o Farm Name:
Farm Address:
Nicholas Aliuno
None
10475 Oregon Road, Cutchogue
Property Identification
o Location:
o Tax Map #:
o Driving directions:
See altached Location Map for Subject Parcels (Map #1)
1000-83-2-17.1
Farm is located on the north side of Oregon Road. It is under 0. l
mites east of the intersection of Depot Lane and Oregon Road. In
addition, it can be located from tap roads (rhn~ Lane and Ohvia
Lane) offDuck Pond Road (Duck Pond is northerly extension of
Deport Lane after Oregon Road intersection).
Farmland Easement In formation
o Total parcel area:
o Acres to be protected:
o Acres woodlands/wetlands:
o Acres Prime Soils:
o Acres Statewide:Soils:.
o Reserved building sites:
28.7 acres.
22 acres
0 acres woodlands/wetlands within easement
28.7 acres
0 acres
Landowner is rescrv/ng approximately 4 acres at northerly side
of property for lhtare residential development. In addition.
approximately 2 acres will be reserved[ around the existing
dwelling on Oregon Road.
Nature of Farm Enterprise
The principal crop on this farm has historically been traditional row crop and potatoes with
rotation/rest as needed.
The property is adjacent to active agricultural u~es. The property is located within a block of land on
which the development fights have been pmchased, or arc pending pnrehase.
Proximity to Protected Farms
Refer to attached Location Map #1 and Aerial Map # 3 showing subject property.
The farm is adjacent 4o 27. acre parcel pending sale of Development Rights to the Town. la the vicinity
of 47 acres of County owned development rights and approximately 55 acre5 pending sale of
development rights to. Town and County.
Natural Resource BArfer
Parcel is withiu the Town's main area o£ agrienlture_ Refer to attached Locadun Map
(Map #1 ) showing location of anbject parcel in relation to other land in agri,mltaral use_
Landowner Commitment
See attached signed application from landowner, and acceptance of offer.
MELI~ A. ~PI~O
P.O. Box.llT9
· DEPARTMENT OF LA.N'D PREIBERVATION'
. TOWN' OF SOUTHOLD
Fdm~aD'21, 2OO3
Nicholas Aliano
Ali~o Real Est~
970 Rout= 25A
RE: Purchase of Dev,lopment Rights Eas~a~rit
$CTM# 1000-83.2-17.1
1. A r~ser~l area of app~ w/,/mttely 2 aaes including ~c existing dwelling and improvements
on Oregcr0 Rom:l, or lhl c~alion (by il~..i.! Board ~ppioval)
. including Jig ~isl/~g ¢ walling md olhar ' .m~'ovmnnm~on Oregtm Rand;
2. The crealio~ (by Planni ag Board approval) of t~vo res/d~nlial Io~s (~h app~gtd¥ 2
a~r~s in ar~) st th~ nm'lhefly side o£th~ px~p~.,
!
Part C - Project D~tails for McBride Farm
Landowner Information
o Landowner's Nhmc:
o Farm Name: ,
o Farm Address: ~
Propc~ ty Identification
o Location: I
o Tax Map #: ,
a Driving directions:
Farmland Easemen: Information
Totalparcei area:
o Acres to be protected:
o Acres woodlands/wetlands:
o Acres Prime Softs:
o Acres StatewidelSoils:
o Reserved bnj~din~a sites:
Richard McBride
McBride Farm
10725 Oregon Road, Cutchoguc
See attached Locafi~on Map for Subject Parcels (Map #1)
1000-83-2-16
The farm is located on the nollh side of Oregon Roarl, Cntchogue_
Going east: 0.1 miles east of intersection of Depot Lane and
Oregon Road.
Going west: ,0.4 miles west of intersection of Cox Lane and
Oregon Road. Faxm veinicles and sign for McBride Farm are
landmarks.
30.8 acres
Approximately 27 acres
0 acres woodlands/wetland
25.4 acres
1.6 acres
Approximately 3 acre area includ'mg farmstead
will be reserved fi~om thc development rights easement.
Nature of Farm Enterprise
The prmclpal crop on tarm is potatoes.
The McBride family is a mulfi-ganerational farm family, leasing several hundred acres of additional
farmland.
Farm Succession
The property is adjacant to active agrianltaral uses. The property is located within a block of land on
which the development rights have been purchased, or are pe~ding purchase. The farm is supported by
irrigation wells, barns and farmhouse.
Proximity to Protected Farms
Refer to attached Loc~tiun Map #1 and Aerial Map # 3 showing subject property.
The farm is adjacent ~o 22 acre parcel pending sale of Development Rights to the Town. Adjacent to
37.5 acres of County ~wned development rights. Ia.the vicinity of 10 additional acres of County
owned development ~ghts and approximately 55 acres pending sale el'development fights m Town
and County_
Natural Resource Bfiffer
Parcel is within the Tom's main a~ea of agriculture. Refer to attached Loe~xtion Map ('Map # 1)
showing location of subject parcel in relation to other land in agricultural us,~_
Landowner Commitment
See attached signed application from landowner
Part C - Project Details for Manzi Farm
Landowner Information
Laudowner's Name:
o Farm Name:
Farm Address:
R. Amone & O~hers, Trustees Manzi Trust
None
13945 Oregon Road, Cutchogue
Property Identification
o Location:
o Tax Map #:
o Driving directions:
gcc attached Loca~on Map for Subjvzt Parcels (Map #1)
1000-83-2-9.1
The farm is located on the north gMc of Oregon Road,
Cutehogue_
Going east:. 0.3 miles east ofiatersachon o£Cox Lane and
Oregen Road
Going west:. 0.2 miles west of intersection of Bridge Lane and
Oregon Road~
Farmland Easement Information
o Total parcel area:
o Acres to be protected:
o Acres woodlands/wetlands:
o Acres Prime Soils:
o Acres Statewid6 Soils:
o Reserved building sitas:
25 acres
Approximately 17 acres.
0 acres woodlands/wetland within easement
14.75 acres
6.3 acres
Approximately g acres fronting on LI Sound, and a 25' r-o-w
(located on east side ofpreperty) to sound front area, will be
reserved from the development fights easement The landov~ner
is before the Planning Board to create 4 residential lots within the
Nature of Farm Enterprise
The form is curr~tly planted in rye by the 'adjacent l~arm owner.
Farm Succession
Farm contahas Primelsoils and is adjacent to, and across the street fi'om, protected and active farmland..
Proximity to Protected Farms
Refer to attached Location Map #1 and Aerial Map # 3 showing subject property.
The farm is 'adjacent to approximately 11 acrea of County owned development rights, is ia the vicinity
of 37 additional aere$ of County ovaaed development rights, end is across the street fium a block of
appreximately 60 acres of Town and County owned development rights. The farm is in the vicinity of
over 80 acres pending Town and County purchaae of development rights.
Natural Resource Buffer
Parcel is within the T~wn s main area of alOaeultom. Refer to attached Location Map (Map # 1)
showing location of subject parcel in relation to other land in agrienltttral use. The farm parcel
contains significant read frontage, ~aerefore, the farm is an important acenie resource.
Landowner Comrmtment
See attached signed application from landowner
MELISSA A. SPll~O
LAIRD PRESER'~ATION COORDINATOR
Town Hall, 53095 S~ate Route 25
P.O. Box 1179
Southold~ New York 11971-0959
Telephone (631) 765-5711
Fax (631) 765-1366
DEPARTi~5_ENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
I am the owner of the property described below and ,I would dike to explore preservation of this
land under the Town's Land Preservation programs.,
Name of Owner (p~e~epr~t) I ' '~' -
Names of_other ownem - -- ~ -
Mailing Address
Phone Number /-- - 4d ~'
Tax Map No. 1000 --,J~ -~ - ~./ · Acreage offered for
/' . preservation ./~'.
Property Location '., ..5~(~,.~.,~.
" .... ' '
Briefly describe the property (e.g., open space, active farmland, wetland, etc.) and ideas you
may have about preservation of your property.
You may talk with the Coordinator at 631-765-5711 to discuss questions or to arrange to
participate in any of the regular meetings of the Land Preservation Committee.
I understand that this application does not commit me, or the Town of Southold to the
sale/'purchase of the property or any portion of the rights thereto. Rather, it signifies an
interest in serious dialog cgncorningjl~he merit and m~thod of possible preservation of my land.
,fi - - , ,,,- z
Please return the cornplel~d form to ' ~
Southold Town Land Preservation Department
When you return this completed form, it would be helpful to include an existing survey/sketch and any other
Part C - Project Details for Maeari Farm
Landowner Information
o Landowner's Name:
Farm Name:
Farm Address:
Joseph Macaci (con~ract vendee)
None
22600 CR 48 and 4735 Cox Lane
Property Identification
o Location:
o Tax Map #:
o Driving directions:
Farmland l~asemen~ Information
o Total parcel area:
Acres to be protected:
o Acres woodlands/wetlands:
Acres Prime Sails:
Acres StatewideSoils:
Reserved building sites:
See attached LocatiSn Map tbr Subjact Pareel~ (Map #1)
1000-84-4-1 & 1000-96-2-10 '
The farm is located on thc south side of CR 48, and the we~t side
of Cox's Lane, in Cutohogne. It surrounds a small out parcel on
the comer of CR 48 and Cox's Lane.
33 acres (total area of the two parcels)
Tax parcel 84-4-1 is approx. 6 acres, taxparcel 96-2-10 ts
approx. 27 acres.
Approximately 25 acres.
0 acres woodlands/wetland
33 acres
0 acres
Approximately 8 acres to be r~served from development right~
easement. Exact location undecided. Existing structures will be
located within resented areas.
Nature of Farm Enterprise
The principal crop on this farm Ires tfistoricaily bean traditional row crop. New owner is one of the
largest farmland owners within Southold Town. Th#ether .with his sore he owns and operates over 500
acres of vineyard and owns and operates au estabI~shed winery.
Farm Succession
Farm containn Prime Soils. Thc Farm is surrounded by active farms and in the vicinity of one of the
largest block of protected farmland within Soutliold Town. The farm is supported by irrigation wells,
barns and farmhouse.,
Proximity to Protected Farms
Refer to attached Location Map gl and Aerial Map # 4 showing subject property.
The farm is adjacent to approximately 10 acres of Town own~l devcl0~ment fights. It is across the
railroad tracks from, and in the vic'mity of over 280 acres of Tm, m and County owned development
fights_ The farm is adjacent to active farms on wldch the Town is intarested in pmsuiag the purchase
of developmant rights.
Natural Resource Buffer
Parcel is located within Special Groundwater Pwtectiou Area (SGPA is a recharge watershed area
within a designated sole source aquifer area. Southold has a desi~nated SGFA of approximately 2,900
acres). Parcel is withlh the Town's main area of agriculture. Refer to attached Location Map (Map # 1)
showing location of subject parcel in relation to other land in agricultural tree. The farm parcel
conta/m significant road frontage. Therefore, thc faun is an important scenic resource.
Landowner Commitment
See attached signed application from landowner
0B/29/2003 14:~7 G31204~711 PE¢ONIC L~,ND TRUST PAGE 01
September 24, 2003
Melissa Spiro
Land Preservation Coordinator
· Town of Southold
53095 Mare Road
Southold, NY 11971
Re: Farmland Preservation Program (SCTM#1000-96-2-10 & 1000-84~-1)
Dear Melissa:
As you are ,aware, our f~mily recently entered into a con.ct to
purchase the abov~ referenced farm parcels on Cox Lane in. Cutchogtm
at'inched map). We expect to close on the property sometime m October of
this year.
We v~ould bc interested in exploring conservation options for the
property and would request that thc town put both parcels on your list for
consideration under the town's f~,~aand preservation program (PDR.).
Please let me know if'them is anything clsc you need f~om us with regard to
this request.
Thank you for your timo and attention to this matter.
Part C - Project Details for NYS Federation of Growers & Processors Assoc. Inc~
Landowner Information
o Landowner's Name:
Farm Name:
o Farm Address:
NYS Federation of Growers & Processors Assoc. Inc.
None
31800 CR 48, Pcconic
Property Identification
o Location:
o Tax Map #:
o Driving directions:
See attached Locate_on Map for Subject Parcels (Map #1)
1000-74.-4-4.9
Farm is located on the south stdc'of CR 48/n P~onic. It is
across the street from the intersection of CR 4& and Hemy's
Lane_ It is just west of North Fork Wood Design and the Amoco
G~s Station.
Farmland Easement Information
o Total parcel area:
o Acres to be protected:
o Acres woodlands/wetlands:
Acres Prime Soils:
o Acres Statewide Soils:
o Reserved building sites:.
4.6 acres
4.6 acres
0 acres woodlands/wetland.
4.6 acres
~ acres
None '
Nature of Farm Enterprise
Thc farm is currently fallow. The pmpusal m for the adjacent landowner to the west to purchase thc
4.6 acres, and to merge it with the adjacent 12.25 acre farm on which the Town owns the development
rights. The adjacent 12.25 acre farm is planted in potatoes.
Farm Succession
From contains prime soils. Farm is supported by irrigation well. Farm is adjacent to protected
farmland.
Prorimiej to Protected Farms
Refer to Location Map #1 and Aerial Map # 5 showing subject property.
The fm'-m is adjacent to 12 25 acres of land on which the Town owns the development rights. The 4.6
acre subject parcel will be merged with the 12.25 acres_ The farm is in the vieiuity of appreximately
72 additional acres of Cotmty owned development tights.
Natural Resource Buffer
Parcel is located within Special Groundwater Protection Area (SGPA is a recharge watershad area
within a designated sole source aquifer area. Seuthold has a designatett SGPA of approxlmately 2,900
acres). Pm'eel is within the Town's main area of agriculture. Refer to attached Location Map (Map # 1)
showing location of subject parcel in relation to other land in agricultural use. The farm parcel
contains significant road frontage. Therefore, the farm is an iraportant scenic resource
Development Pressure
Development pressures are especially high on tiffs parcel due to the fact that it has an approved site
plan for a nursery school and includes 2 lots (merged to 1 as condition of site plan approval) v~thl, an
approved subdivision.
Landowner Commitment
gee attached signed application from landowner and acceptance of offer for thc purchase of the
development rights.
MI~I~I~A ~ spr~o
~ PF~$1iRVA~O-~'
~m~holcL 1~ ~ 'Yo~k 11971,09g~
Tel~_~hane (~31) 76-5./~7~ ]
pur~ha,~ of Dc~lopm~i&Ri~h~ '~.~enem ~d Fe~ ~ Pu~h~e
~ C'13~ i 000-7444.1)
s ~ TO~, ~h p~ ~B ~m a~c¢ ~a~ ~ o~ ~ p~h=~ ~ d~l~me~r ~~
~ re~ aft ~py nf~is l~f~ x~rh y~ diet's ~d~t ~11 aNow ~ ~ w~ wl~
our ~[m ney ~ ~ [~c ~ f~ ~e T~'I ~s~ uft~ ~lo~ ~ ~a~. ~
Part C - Project Details for Sepenoski Farm
Landowner Information
Laadowner's Name:
Farm Name:
Farm Addi-ess:
JolmB. Sepenosld, Jr.
None
37025 CR 48, Peconic
Property Identification
o Location:
Tax Map #:
o Driving directions:
See attached Loca~?n Map for Subject Parcels (Map #1)
1000-69-1-6
Farm is located on the north side of CR 48 in Peeonic.
Going east: 0.7 miles east of the intemection of Peconie Lane and
Going weal:: 0.4 miles west of the intersection of Ackerly Pond
Road 0andmark for Aekerly is Doroski's Nttrsery on the south
side). The Parm is on the north side of CR 48, landmark is
Wesno fskea Farm Stand which is on be south side of CR 48.
Farmland Easement Information
o Total parcel area:
Acres to be protected:
Acres woodlands:.
o Acres wetlands:
o Acres Prime Soils:
o Acres Statewide Soils:
o Reserved building sites:
39 acres
Approximately 34 acres_
ApproXnnately 2.2
Approximately 1.39
Approximately 30 acres
4.6 acres
5 acm area, with approx. 400' of Main Read frontage, around
existing improvements will be reserved from development fights
easement.
Nature of Farm Enterprise
The principal crop. on this farm has historically been traditional row crops.
Farm Succession
Majority of farm contains Prime Soils. Farm is in vicinity of other parcels in agri~ultttral use.
Landowner's family ~wns over 60 acres in the vicinity.
Proximity to Protected Farms
Refer to attached Location Map #1 and Aerial Map # 5 showing subject property.
The farm is in the vicinity of over 50 acres of Town and County owned development rights to the east.
The farm is adjacent to, and in the vicinity of active farms on which the To,am is interested m pursuing
the purchase of development fights.
Natural Resource Buffer
The farm contain significant road frontage. Therefore, thc farm is an important scenic resource.
Landowner Commitment
See attached signed application from laudowncr
~r~.I,]:SSA.4_ SPII{O
SEP 2 4 ~
DE~.OF ~NO ~ ~,P~~ OF ~ PRESERYA~ON
m~E~AT~N ~
~ am the owne~ of the p~pe~F desc~b~ below snO ] would like to e~[oro prese~ai~on of th~s
I~nd under th~ Town's L~nd P~eservagon p~mms.
Mailing Address ~. ¢ ~, ~ i
Phone Number
1000- ' prese~a~on
Tax Map No. ~
Properly Lecation
Bdefly descdbe the property (e.g., open space, active farmland, wetland, etc.) and ideas you
may have about preservatirn of your property.
You may talk with the Coordinator at 631-765-5711 to discuss questions or to arrange to
participate in any of the regular meetings of the Land Preservation Commit/aa.
I undemtand that this application does not commit me, or the Town of South.old, to the
sale/purchase of the property or any porti0nof the rights'thereto. Rat6~r it s~gnifies an'"
interest in serious d a ag ~oncerni.ng the.merit pnd method of possible preservation of my land.
' '_ · ....
' ., · date ~'~ .2 ~'.~ ~' .3
P/ease re/urn/he compleled~fonn /o
Southold Town Land Preservation Department
When you return this comple!ed form. i! would be helpful~_ to include an existing survey/sketch and any other
Part C - Project Details for Simon Farm
Landowner Information
o Laudowllcr'$ l'qame:
o Farm Name:
o Farm Address:
Charles Simon Estate c/o John Simon
None
2350 Wells Road, Peeonic
Property Identification
o Location:
o TaxMap#:
Driving directions:
See attached Locatigu Map for Subject Parcels (Map #1)
1000-86-1-10.9
Propeay is located on the southwest coiner of Main Road
(Route 25) and Wells Road in Peconic.
Farmland Easement Information
o Total parcel area:
o Acres to be protected:
o Acres woodlands/wetlands:
Acres Prime Soils:
o Acres Statewidc Soils:
o Resets, ed building sites:
32 acres
Approximately 27 acres.
0 acres
32 acres
0 acres
Approximately 2 acre area at southerly end of property mad
3. acre area on western most side of Mum Road side, will be '
reseived from the devalopment rights easeareut.
Nature of Farm Enterprise
The entire farm is leased by BriarclliT Sod and is planted in Sod.
Farm Succession
Entire farm contains Prime Soils. Farm is level and contains irrigation well 'to support agricultural
use. Farm is adjacant to, and across street from active agricultural parcels.
Proximity to Protected Farms
Refvr to attached Location Map #I and'Aarial Map # 6 showing subject property.
Adjacent to 37 acres of Town owned Developmant Rights and directly across street from 25 acres of
Town owned Development rights which, in mm is pat of largvr block of preeerved land.
Natural Resource Buffer
Parcel is located within the water~hed area for Richmond Creak. The farm c,ontalas sJsmificant mad
fxoutage. Therefore, the farm is an important scenic resource.
Landowner Conuuitment
See attached signed application from landowner
Part C - Project Details for Moffat Farm (North)
Lan downer Information
o Landowaer's Name:
o Farm Name:
o Farm Address:
John Carroll c/o Maureen Moffat-Woll~
None
47775 CR 48, Southold
Preperryldentification
Location:
Tax Map #:
D~ving dh-ections:
See attached Location Map for Subject Parcels (Map #1 )
1000-55-2-10
Property is located on the north side of CR 48, Southold. It
· is slightly east of the intersection of Boisseau Ave. and CR 48_
Farmland Easement Information
Totalparcal area:
o Acres·to be protected:
o Acres woodlands/wetiands:..
o Acres Prime Soils:
Acres Statewide Soils:
Reserved building sites:
25.5 aems
Approximately 22.5 acres.
0 within easement area
19.5 acres
3 acres
Approximately 3 acre area will not be included in development
fights easement. This ar~a includes th, exist/ag improvements.
Nature of Farm Enterprise
The farm is leased by Sep Farms. Sep Farms owns and farms appmxlmately 50 acres and leases
appmximalely 35 arhlilional acras. The principal ~rop is, and has historically bern, potatoes.
Farm contains Prime Soils. Farm is level and contains irrigation well to support agricultural u~e. Farm
is adjacent to preserved agricultural land and is across the street from active agricultural pameis.
Proximity to Protected Farms
Refer to attached Location Map #1. and Aerial Map # 7 show/ng subject property.
This farm is adjacent to 19 acres of Town owned Development Rights and 7 acre parcel on which the
Town is currently in the process of accepting a gift of a development rights eas~,uent. ~ae adjacent 19
acre protected [arm is across the street from 45 acres of Town owned Development Rights.
Landowner ownz 36.5 acre farmland parcel directly across the street that has an application for the
pnrchase of the development fights by the Town. '
Natural Resource Buffer
The farm parcel conlains significant road frontage. Therefore, the farm is an important scenic resource.
Landowner Commitment
SE attached signed application ~om landowner
PHONE HO. : 4i5 8~ 9B18 i.. ~.i
D ~gPA.~T/~aL'CP OF IAND'PHESF,~,YATION~'
T~%rr~ O~ SOTJTHOLI~
Name (~ Owns' ~ ~
Pl~one Number
I em the owner of the pmperb' dessribed below and I would like to explore peeosrvation o~thm
lam( under Iris Town's Land P~r, eiYafien programs,
Briny de~orlbe the property (e.g.. open apace, a~e farmland, ~and, ~) ~ M~s ~u
~ h~ a~se~ q ~r ~.
--
You may talk with me Coordinator at 631-765-57~1 to di~ues q~eetJor~ or to arrange to
participate in any of the regular meetings of the Land Preservation Committee,
I understand thai; Ihb appl~alJon doe~ ~ c~,.,,,,it me, or the Town of Southdd. to the
~a~e/purchase of the pm, perry ar any portion of the right= thereto. Rather, it elgntfles a~
Interest in serious dialog oar~emlng the me~ and me~od of possible pmss~lfon of my land,
P/ease ream the c~np/emd f~rm to
Southold Town Land Pres~rva~o~ Dep=~ment
When I~u mb.~n ~ ~'nple~d ft~m, It wOUld be I-adpflal ~ I~u~le ns e~i~ =u~q~7/sket~ and any airier
Part C - Project Details for Moffat Farm (Soutli)
Landowner Information
o Landowner's Name:
Farm Name:
o Farm Address:
John' Carroll c/o Manreen Mof£at-Wolfo
None
50100 CR 48, Southold
Property Identification
o Location:
o Tax Map #:
o Dri~Sng directions:
See attached Location Map for Subject Parcels (Map #1 )
1000-55 3-6.1
Property is located on the sonth side of CR 48, Southold. It is
approxhuately 0.4 miles east of the intemeetiou of Boieseau Ave_
and CR 48.
FarmJand Easement Information
Total parcel area:.
Acres to be protected:.
Acres woodlands:
.Acres wetlands:
Acres Prime Soils:
Acres Statewide Soils:.
Reserved building sites:
36.5 acres
Approximately 34.5 - 36_5 acres.
14.7 (includes some primedstato soils)
8.9 acres
14.5 acres
14.9 a~es
Undecided. LoJxdowner may reserve 2 acre lot on the Long Creek
side of the property.
Nature of Farm Enterprise
The farm is leased by Sop Farms. Sop Farms owns and farms approximately 50 acres and leases
approximately 35 additional acres. The faun is plaut~l in potatoes and rye.
Farm Succession
Farm contains Prime Soils. Farm contains irrigation well to support agricultural nsc. Fat-Ill is across the
street fi-om active agrieultmal parcels,
Proximity to Protected Farms
Refer to attached Location Map #1 and Aerial Map # 7 showing subject property.
Landowner owns 25_5 acm farmland parcel directly across the street fi, om one end of the farm, which
has an application for purchase of the development fights by tho Town_ The 25.5 aero parcel is
adjacant to 19 acres of Town owned Development Rights and 7 acm parcel on whioh the Town is
cmrently in the prooess of aeeq~ting a gift ora development rights easement. Th~ adjacent 19 aero
protected farm is across th~ street from 45 acres of Town owned Development Rig/its. The other end
of the farm is across the street fi-om 20 acres pending County development rights purchase and a 10
acm Agricultural Reserve area in an approved subdivision..
Natural Resource Buffer
Parcel is located within the water~hed area for Long Creek, which is part of Haslmmomuck Pond.
Heshamomuck Pond is an impor 'taut shellfish resource_
The farm contains significant road frontage. Therefore, the farm is an important scenic resource.
Landowner Commitment
See attached signed application from landowner
NO. ; 4~.5 B6B ':J~.B f~. ~
Sep. 04 ~ ~9::~GPIt P2
D I/]PARTI~ ~ nTl' OF LAND P~ F~VATIO N"
~ OF SOUT~OLD
Name of Owner
Names of ethe~ a.mem
Phone Number
YOU rf~y lalk with ~e I;:~oordlnalor at ~1-78~ I 1 m ~s ~ ~ ~ a~n~ ~
~d~ h any ~ ~lar ~e~ oft~ ~nd Pm~n ~mm~ee,
I u~ ~ ~ ~n d~ ~ ~mm~ ~, ~ the T~ ~ ~, ~ ~
s~l~ae ~ ~e p~ ~ any ~n ~ ~e ~to. ~r, g s~ ~
I~t i~ sedo~ ~dog ~g ~a me~ a~ ~ of p~si~e ~e~n ~ ~ la~.
When ~n~u reborn th~ ¢~eted ~1~t. I~ ~a~d be II~pf~ [o Ir~uda an ~x~g ataw~,~td] a~ld ~ ~
~ avaaable kl~'nM~1 ~ d~R:a~ea you.- p(operb'.
Part C - Project Details for Cassid~, Farm
Landowner Information
o Landowner's Name:
o Farm Name:
o Farm Address:
Marie Cassidy
None
2055 Albertson Lane
Property Identification
o Location:
o Tax Map #:
o Driving directions:
See attached Location Map for Subject Parcels (Map #1)
1000-52-5-55 -
Farm is located on the south side of Albertson Lane,
Gmenport. It is approximately 0.4 imles north of the inlcrsecfion
of Albertson Lane and Main Road (Route 25). It is
approximately 0.4 mi/es south of the intersection o£Albartson
Lane a~d CR 48.. ~ll~e farm is right at the s/~ificant bend in the
road.
Farmland Easement Information
o Total parcel area:
o Acres to be protected:.
o Acres woodlands:
o Acres wetlands:
o Acres Prime Soils:
Acres Statewide Soils:
o Reserved building sites:
6.5 acres
Appmxjunately 6.5 acres.
1.3 acres (includes some prime/state soils)
1.5 acres
0 acres
None
Nature of Farm Enterprise
'Uae farm is leased to the neighboring farmer and is planted in traditional row crops.
Farm Succession
Farm contains Prime Soils. Fann is adjacent to, and across street from active agricultural parcels. Farm
is adjacent to protected famaland and pi-otected open space.
Proximity to Protected Farms
Refer to attached Location Map #1 and Aerial Map # 8 showing subject property.
Adjacent to 35 acres of Town owned Development Rights and 23 acres of land owned by the Peconie
Land Trust_. The farm is in the vicinity of other active farms on which the Town is inter, ted in
pursuing the purchase of development rights. "
Natural Resom'ce Buffer
The parcel is within the wate~hed area for Hashamomuok Pond. Hashamomank Pond is an important
shellfish resource. Farm is adjacent to protected open ~paco.
Development Press ure
Development pressures are especially high on this parcel due to the fact that it has an approved
subdivision plan for 4 lots. Farm is for sale.
Landowner Commitment
See a~tachcd signed application from landowner
Town Hall, 53095 S~a~e Rou~e 25
P.O- B~x 1179
SouLhold, New York 11971-0959
Telephone (631) 765-5711
Fmx (6~D 755-1366
?ARTiV~NT OF LAND PRESERVATIOI~I~.
TOVg~I OF SOUTHOLD
Name of Owner (please print)
Names of other owners
Mailing Address
I am the owner of the property described below and I would like to explore preservation of this
land.under the Town's Land Preservation programs.
Phone Number
Tax Map No.
Property Location
1000-~-;:Z__ 5'---~cS ~'
Acreage offered for
. preservation
Briefly describe the property (e.g., open space, active farmland, wetland, etc.) and ideas you
may have about preservation of your property.
You may talk with the Coordinator at 631-765-5711 to discuss questions or to arrange to
participate in any of the regular meetings of the Land Preservation Committee.
I understand that this application does not.commit me, or the Town of Southold, to the
sale/purchase of the property or any portion of the rights thereto. Rather, it signifies an
interest in serious dialog concem~qg the merit and method of possible preservation of my land.
Please return ~he completed form to
Southold Town Land Preservation Department
When you return this completed form, it would be helpful to include an existing survey/sketch and any other
APPENDIX D
GENERAL CONDITIONS FOR
AGRICULTURAL AND FARMLAND PROTECTION IMPLEMENTATION
AGREEMENTS
New York State Department of Agriculture and Markets
These general conditions apply to the administrative aspects of the
Grant Agreement and reflect New York State's contract recordkeeping and
payment procedures. These general conditions cannot be changed.
PAYMENT
Payment of state funds shall be made to the Contractor after approval of
this Agreement bythe State Comptroller, upon the submission o'[ a payment
request (Standard Voucher), an executed pumhase agreement with the
landowner, a budget report detailing the Contractor's match, two ,copies of an
appraisal by a New York State Cedified General Real Estate Aplpraiser, the
required title policy, a copy of all subordination agreements, an approved
easement or purchase of development rights, a monitoring plan, and any
agreement between the Contractor and another to hold or maintain the interest
in real property.
The Contractor shall submit all requests for payment, reports and
supporting documepts to the following address: NYS Department of Agriculture
and Markets, Division of Fiscal Management. 10B Aidine Drive, Albany, NY
12235. Invoices, Standard vouchers and any reports will not be considered
received by the Department and any interest which may be due the Contractor
will not begin to adcrue until they have beer~ received by the Division of Fiscal
Management.
Payment to ;the Contractor under this Agreement shall not be made
unless the Contractor shall have submitted to;the Department a written payment
request together with such information as required by the Agreement. Payment
shall not be due un'~il the 60th calendar day after receipt of the payment request,
where contract funds have been appropriated and made available to the
Department.
/
Upon examination of the Contractor's payment request and supporting
material, the Department may, in its sole discretion, modify or adjust the amount
requested to reflect contract funds expended as of the date of the request.
Subsequent to its review and approval of the payment request, the Department
will transmit the request to the Comptroller for payment.
Appendix D 1
C800591
The total payment made under this Agreement will not exceed the
Contractor's actual costs and expenses arising from the completion of the work
under this Agreement.
TITLE
The Contractor shall ensure that the title to the lands or interests therein
shall be unencumbered or, if encumbered by outstanding or reserved interests,
the Contractor shall ensure that such encumbrance shall not inter~ere with the
agricultural and farmland protection purpose for which the interest therein is
being acquired. The Contractor shall provide a title policy and title insurance, at
a minimum, for the State's share of the interest in real property being obtained.
In the event of a failure of title, the Contractor will use the title insurance
proceeds towards ~the purchase of an interest in another approved parcel
contained in Appendix C or reimburse the Department for the amount of State
funds paid.
EASEMENT REQUIREMENTS
The Contractor shall require that all easements or other interests in land
acquired under this agreement:
1. run with the land in perpetuity;
2. prevent the land from being converted to non-agricultural uses; and
3. require that all amendments to the approved easement b~ authorized
by the Department.
ALIENATION OF DEVELOPMENT RIGHTS
The Contractor shall notify the Department in writing if the Contractor
proposes to alienate, in accordance with the procedure set forth in Chapter 25 of
the Town Code of the Town of Southold, any of the development rights
pumhased under this Agreement. The Contractor shall reimburse to the
Department any State funds used for the purchase of any develepment rights
which are subsequently alienated and reunited with the underlying fee title.
Appendi~ D 2
C~00591
APPROVED AGREEMENTS AND MONITORING PLANS
The Contractor shall submit the proposed agreements lo purchase
development rights or to o brain a conservation easement, t he m onitodng p lan
and any sub-agreement to hold or maintain the interest in real property at least
sixty (60) days prior to the planned submission of the payment request for that
transaction. The Contractor and the Department shall negotiate the terms and
conditions of such agreements and monitoring plans, when necessary. The
Department shall advise the Contractor in writing when the agreements and
monitoring plans have been approved. No funds available under this Agreement
shall be disbursed until the Contractor's agreements and monitoring plan have
been approved by the Department.
COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS
The Contractor is responsible for complying with all local, state and
federal laws applicable to the work performed, under this Agreement.
PAYMENTCONTINGENCY
Funds for payment under this Agreement are provided to the Department
through appropriations from the New York State Legislature. These
appropriations are made on a fiscal year basis: New York's fiscal year begins on
April 1 of each calendar year and ends on March 3'1 of the following calendar
year. Funds for payment under this Agreement were appropriated to the
Department dudng the 2003-2004 fiscal year. Payment for work under this
Agreement which is completed by the Contractor after the 2003-2004 fiscal year
is subject to appropriation or reappropriation of funds by the Legislature in each
subsequent fiscal year.
FINANCIAL LIMIT
The financial limit of State appropriated funds under this Agreement is
One Million Dollars ($1,000,000) and the Department shall not be obligated to
make any payment to the Contractor in excess of that amount.
NON-DUPLICATION OF PAYMENTS
The payments received by the Contractor under this Agreement shall not
duplicate payments received from any other source for the work performed under
this Agreement. In the event of such duplication, the Contractor shall remit to
the Department the amount which duplicated payment received from other
Appcndix D 3
C$00591
SOUrCes.
SUBCONTRACTS
Any subcontracts under this Agreement shall be in writing and shall clearly
describe the goods or services to be provided and the total cost of such goods or
services_ Subcontracts for services only shall separately state the rate of
compensation on a per-hour or per-day basis.
FINAL REPORT
Not later than sixty (60) days from completion of the work under this
Agreement, the Contractor shall file with the Department a final written report
including: a map depicting the location of properties where interests were
purchased; a copy of the recorded easementl or purchase of development dghts
and any monitoring plans or agreements for another to hold or maintain the
interest in real property; and a copy of the final budget showing project
expenditures.
RECORDS MAINTENANCE, EXAMINATION AND RETENTION
The Contractor shall maintain record~ and accounts in specific detail to
identify all contract funds received a nd expended under t his Agreement. T he
Contractor shall maintain a daily written rec~ord which contains the name(s) of
the officer(s) and employee(s) providing serv!ces under this Agreement and the
amount of time expended upon such services~
The Contractor shall maintain the recprds required under this paragraph
as set forth in Appendix A to this Agreement. !
INDEMNIFICATION
The Contractor agrees to indemnify alnd hold harmless the State of New
York and the Department from all liability incurred by the Department for bodily
injury and personal property damages resultiqg from the negligent acts, errors or
omissions of the Contractor, its officers, agents or employees in the provision of
services under this Agreement, provided that the Department promptly notifies
the Contractor of any such claim and afford~ the Contractor an opportunity to
defend such claim and cooperates felly withI the Contractor in the defense of
any claims.
Appendix D 4
C&0~591
NON-SECTARIAN PURPOSE
The Contractor shall not expend funds received under this Agreement for
any purposes other than for performance of the work under this Agreement, and
hereby represents that ne contract funds shall be expended directly' or indirectly
for any private or sectarian purpose.
CONTRACTOR NOT DEPARTMENT EMPLOYEE OR AGENT
Neither the Contractor, nor its agents, employees, suppliers or
subcontractem shall be in any way deemed to be employees or agents of the
Department or of the State of New York in performing the work under this
Agreement. '
DEVIATION FROM WORK
The Contractor shall perform the work under this Agreement as set forth
in the application attached as Appendix C. ,Any substantial deviation from the
application shall require the prior written approval of the Department.
TERMINATION
The Department may terminate this .Agreement for convenience upon
giving thirty (30) days written notice to the other party. Upon receipt of such
notice from the Department, the Contractor shall immediately cease work and
prepare a statement of costs, expenses and non-cancelable commitments ·
incurred as of the date of such termination.
The Department may terminate this Agreement for cause upon giving
one (1) day's written notice.
The Contractor's failure to perform in accordance with the 'terms of this
Agreement due to circumstances reasonably beyond the Contractor's control
should not constitute cause for termination :pursuant to this provision. In the
event of such failure to perform, the Department may, at its option, either grant
the Contractor a specified period in which to correct its performance, or
terminate this Agreement in accordance with !his paragraph.
MODIFICATION
This Agreement may not be modified unless such modification is made in
wdting, executed by the Department and the Contractor and approved by the
Appendix D 5
C800591
Attorney General and Comptroller of the State of New York.
NECESSARY SIGNATURES
This Agreement shall not be binding and effective upon the Department
unless and until approved by the Attorney General and the Comptroller of the
State of New York.
Appendix D 6
C800591
STATE OF NEW YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
10B Aidine Drive, Albany, New York 12235
1-800-55.4-4501
www.agml~.state.ny, us
April 8, 2004
i~elissa Spiro -
:-town of Southold
153095 Route 25
:Southoid, NY 1 ]971
Re: Contract Number C800591
APR I 4 2004
DEPI'. OF LAN[}
FRESER'¢ATION
Dear:. Ms. Sp[ro
Enclosed for y,o,u.r review is a proposed. Agriculturd,.af~d Farmland Protection :
Im.p ementatiOn Grar~t from this Department; inciuded are four additional-copies of the contract
signature page. $1,00J. O00 is being made avail~.ble for this purpose.
Please review the agreement carefuily, particularly the section !abeled "Appendix D -
GenerakConditiens;" it refers to administrative aspects of the grant such as record-keeping and
payme~.procedures. This section cannot be changed, nor can Appendix A which must be
included in all State contracts.
If the, agreement is acceptable, have each of the five signature pages signed and
dotarized[n;the space provided. Return the entire agreement, including the five signature
pageS, to 'the above address. Once all parties have approved the contract, We will send you a
fully executed copy and will ask you to send us reporting and payment material.
Finally,. please complete~ si.qn and return the enclosed Contractor information Checklist.
Feelfree to call me at (518) 457-6172 if you have questions about the-contract. Call Ken
G rudens at. (518) 457-2713 if you have technical questions about your project.
CC:
J. Giovannetti
K. Grudens
Sincerely,
Emma Graham
Contract Management Sp_.~!alis_t II ~
l ItlI ~ ~ L~ [:j ~ L~ ~,,
~ ' S,JPERV~SOPS S,? CE
New York State
Department of Agriculture and Markets
I Winners Circle
Albany, NY 12235-0001
Agency Code 06000
AGRICULTURAL AND FARMEAND PROTECTION
IMPLEMENTATION GRANT
STATUTORY AUTHORITY: Agriculture and MarketsLaw
Article 2S-AAA
Contract Number: C800591
Amount of Agreement: $1,000,000
Contract Period:.1/14/04 to 3/31/06
Mun cpa Code: 47 03 7900' 0000
Contractor Name/Project,Sponsor: Town of Southold
street: 53095 Route 25 city: Southold
State: NY Zip: '~ '197'1
Billing Address {if different from above):
Street: City:
Title/Description of Project: Town of Southold Agricultural
State: Zip:
& Farmland Protection Implementation Grant
THIS AGREEMENT INCLUDES THE FOLLOWING:
[] This Coversheet
[] Appendix A (Standard Clauses for all New York State
Contracts)
Appendix B (Project Budget)
Appendix C (Award letter(s) & a portion of Applicant's proposal)
Appendix D (-I'he Department's General Conditions)
Appendix E (Federal Conditions)
Appendix F -(Cooperative Agreement )
[] Additional Work
[] Extension of Time
From to
[] Increase Amount
[] Decrease Amount
[] Revised Budget
[] Revised Scope of Work
[] Other
FORAMENDMENTS CHECK THOSE THAT APPLY:
If Increase/Decrease in Amount:
Previous Amount: $
Increase/decrease
New Total: $
The Contractor and the Department agree to be bound by the
terms and conditions contained in this Agreement
CONTRACTOR NYS DEPARTMENT OF AGRICULTURE &
MARKETS
Signature of Cont~tor's Authorized Representative: Signature of Authorized Official:
£
Date: April 21, 2004
Typed or Printed Name of Above Representative:
Joshua Y. Horton
Title of Authorized Representative:
Supervisor, Town of Southold
Notary Public: On this day before me personally appeared
Joshua Y. Horton , to me known, and
known to me to be the same person who executed the above
instrument and duly acknowledged the execution of the same.
Attorney Generat:
Date:
Typed or Pdntad Name of Above Official:
Title of Authorized Official
State Agency Certification: In addition to the acceptance
of this contract, I also certify that odginal copies of this
signature page will be attached to ail other exact copies
of this contract.
Approved: Alan G. Hevesi, Comptroller
By:
STANDARD CLAUSES FOR NYS CONTRACTS
The parties ~o theattached con~act, license, lease, amendment or
other agreemem of any kind ~einaftor. "the contract" or "this
contr~ ) agran te be bound by the follo~ang, clauses Winalx ar~ oreby
made a p~tr~ of the contract (the word "ContraVto~' herein refers to any
lessee or any other party):
1. EXECUTORY CLAUSE. tn accordance with SeOion 41 of the
State Finance Law, the State shall have no liability under this contract to
the Contractor or ~c anyone else beyond funds appropriated and
available for fids contract
2. NON-ASSIG~ CLAUSF~ In accordance with Section 133 of
the Stae Finance Law, this conwac~ may not be assigned by the
Contractor or ~ta tight, rifle or intoxcst thereiu assigned, mmsfcm~
conyoyed, sublet or Otherwise disposed of without the previous consenr~
in writing; of the S~ate and any aRempts, to assign the contract withou~
the Stata~s written consent are null and void. The Contractor may,
however~ a~slg~ i~ rig~ht ~o r~:eive payment without the S~ate's pr/or
w~?ten collsent uniess tltis, ooatract concerns Cer~ficatus of Partialputian
p~ff~umt-te Article $-A oftl~ State Finance Law.
3. COMPTROLLER'S APPROVAL. Iu accordance with Section 112
or'the State Finance' ,~,Law (or; if this conlract is wish the State University
or City University df'New York, Section 355 or Section 6218 of the
Edacetion,iI-aw),,-~, if this can'a'act exceeds $15,000 (or the minkaum
threshalc~,~agrced to By tho Office of the State Comptroller for eeCmis
S.U.N.Y. Md C.U.NAr. contract), c~c if this is an amendment for any
amount to a, contract wl~clh as so anaonded, exceeds sa~d srsmtory
amonn% orLf~ by this contract, the State agrees to give something other
than money when th~ vafo~ or reasonably estLmcted: value of such
considarati?n excseds:$10,000, it shall not be valid~ effective or binding
upon th~ Sf~ until '~ has Been approved by She State Comptroller and
filed~in hi~o~ae. Gomptr0llefs approval of contracts let by she Office
of Ooneral'.S~rvlecs is required ~hen such conh'acts exceed $30,000
(State Finance Law Selden
4. WORKERS' COMPENSATION BENEFITS. tn accordance with
Section 142 of the State Fhiance Law, this contract shall be void and of
no force and effect unless the Conu'actor shall provide and maintain
coverage during the life of thi~ contract for the benefi( of such
employees as- are reql;ired to he covered by the provisions of the
Workers' Cbmpeasat/on Law.
$, NON-DISCRLMINATION REQUIREMENTS. To the extent
required by Article L5 of the Executive Law (also known as the Human
P. ighta Law] and all other State and Federal statutory and constitutional
non-diction ~rovisi0ns, the Conmmtor will no: discriminate
against any employc~ er applicant for employmem because of mca.
creed, color, sex, national origin, sexual orientation, age, disability,
genetic predisposition or carrier status, or marital state& Furthermore,
in accordance with Section 220-.e of the Labor Law, if this is a conh'act
for the constracfion, altarallon or repair of any public building or public
work or for the manufactore~ sale or distn~antion of martials, eqnipraen~
or supplies, and to tho extent that this conl~act shall bo performed within
the State of N~w York, Contractor agrees that neither it not its
~ub¢ontractora 8hall, by reason of x'aoe, es~d, color, disability, sex, or
national origin: (a) disctim'mate In hiring agaiust any New York State
citizen who is qualified cud availabl~ to perform she wo~; or (b)
discriminate against or intimidate any employee hired for the
performance of work under tiffs conu'acr. If this is a building service
contract as defined h~ Section 230 of the Labor Law, then, in accordance
with Section 239 thereof, Contractor agrees that neither it nor its
subcontractors shall by reason of race, creed, color, national origin, age,
sex or disability: (a) discriminate in indmg against any New York State
citizen who is qualified and available to perform the work; or (b)
diserinfinate against or intimidate any employee hired for she
Page 1
performance of work under this contract. Contractor is subject to fines
of $50.00 per person per day for any violation of Section 220-e er
Semen 239 as well as possible termination of tlfis coatn~ct and
forfeiture of all moneys due hereuuder for a second or subsequent
violation.
6. WAGE AND HOURS PROVISIONS. If this is a public work
conWact covered by 3.rlicle 8 of die Labor Law or a building service
contract covered by Article 9 thereof., neither Contractors employees
nor the employees of its subcontractors may be required or pomitred to
work more than the number of hours or days stated [n said statutes,
oxcapt as othera4se provided in the Labor Law and as set forth in
prevailing wage and supplement schedules issued by the State Labor
Deparanant. Furthermore, Contrabter and its subcontractors must pay at
least the prevmTmg wage rate and pay or prod_de the prevailing
sapplantents, inoludthg the prenfium rates for ove~dme pay, as
datc~alned~by the State LaborDaparlment in accordance with the Labor
Law.
7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance
with Section 139-d of the State Finance Law, if this contract was
awarded based upon tho sabmiseion of bids, Contractor wanunts, under
punalty of perjury, that its bid was arrived at inde~ndently and without
collusion aimed at restricthig compotitiora Contractor further warranrs
that, ar the time Cont~ctor submitted its bid, an authoti~ed and
responsible person executed and delivered to the State a non-collusive
bidding certification on Contractor's beh~.
8. INTERNATIONAL BOYCOTT 'PROHIBITION. In accordance
with Section 220-f of the Labor LaW and Section 139-h of the State
Finance Law, ii' this~ contract exceeds $5,000, the Coatractor agrees, as a
material com//tion of the contract, fl:~t neisher the Contractor nor any
substantially owned er affiliated person, finn, partnership or corporation
has participated, is pertieipating, or shall participate in an international
boycott in violatioi~ Of the federal Export Adminlsu'ation ACt of 1979
(50USCApp. Seedons2401 et seq.) 6r regulations theretmder, ffse~h
Canmactor, or any of the aforesaid affilistos of Conu'actor, is convicted
or is otherwise foufid to have violated'said laws or r~gnlati0ns upon the
final dctennination of the United Sta~es Commerce Department er any
other appropriate agency of the United States subsequen~ to the
con~'act's execution, such contract, amendmem or modification thereto
shall be rendered forfeit and void. The Contractor sha~l so notify the
State ComptrolIer wMain five (5) business days of such eonvicfior,
dct~mthation or disposition of appeal (2NYCRR 105.4-).
9. SET-OFF RIGHTS. The State shall have all of ils cemmon law,
equitable and stamtery rights of set-off. These rights shall include, but
not be limited to, the State's option to withhold for the purposes of set-
off any moneys due to the Contsacter under this centract up to any
amounts due and owing to the State with regard to this contract, any
other contract with any State dapanmem or agency, inclnding any
corm'act for a term commencing prior to the term of this conwact, plus
any amounts due and owing to the State for any other reason nicludmg,
without limitation, tax delinquencies, fee delinquencies or monerszy
penalties relative thereto. The State shall exercise its set-off rights is
ascordanco with normal State practices inaluding, in eases of set-off
pursuant to an audit, the finalLzation of such audit by the State aganey,
its representatives, or the State Co ~mptroller.
10. RECORDS. The Contractor shah establish an~ maintain cemphite
and accurate books, records, documents, accounts and other evidence
directly pertinem to performance under this contract eaereinaiter.
collsetiveIy, "the Records"). The Records must be kept for the balance
of the calendar year in which they were made and for slx (6) additional
years thereafter. The State Coraptroller, the Attomcy General and any
other person or eam~y authorized to conduct an examination, as well as
the agency or agencies invalved in this con~act, shall have aecess to the
P, ecerds during normal business hours at an office of the ConWacter
May, 2003
STANIID 811USIS FOIl IffS CONTBJII~S APPENDIII
within the State of New York or, ff no such office is available, ar a
mutually agreeable end reasonable venue within the State, for tho term
specitlud above, for the purposes of inspection, auditing end copying.
The State shall take reasonable steps m protect from public disclosure
any of the Records which are exe~npt from discloiore under Section 87
of the Pithllc Officers Law (the "Statute") provided that: (i) the
C0ntractor shall~ tim01y inform aa appropriate State official, in-writing,
that said records should not be disclosed; and (ii) said~,records ~halfbe
sufficiently iffenfified; end (iii) designation of said records as e~empt
under the gtalat* is reaSOnable. Nothing contained herein shall
diminish, or in eny way adverseIy affect, the State's fight to discovery in
ar~ peuding or fnlam lit/gatlen.
1L INFORMATION
personal property
to a 1~ s identification
The number is
Fedenfl
payee, on its~inv~ or ~w York State, s _tgpu~ard voucber, mus~ g~ve tho
re~ison or'reasons ~r//y th~'payee doea no~aavo,sw-h number or xmmbe~.
(1~ PRIVACY N,~OTIFICATION. '(1) The authority to requcsr tho
abew p~rsonal i~onnatinn ~om a seller of goods or services or a lessor
o~ real or pers~ prope~y, ~d the ent~h, ofity to maintain such
in~'ormafion, is ~ in Section 5 of the Stat* Tax Law, Disclosure of
b;; h~fifl':~m'.i,m I'~ :l:e .,21%'. ,'r lo~sor.to the State is mandatory. The
I'~ mei;r.I pl.li2o.~' 'i;)l' wl~iclt .Ih' information is collected is to enable the
de~nquent in fflh~g tax, returns or may have endomtatod their tax
habllllics and t0~gene~ra~y, ~denfify persem affected, by the taxes
administered by 'X&e Coinmlsaioner o~ Tax,on end ~immce. The
infgnnailon will t~ nsed f~i' tax udmmistrati6n purposes end for any
other[l~Umuse auth~rized by ttiw,
(2~ ~h, ep~ orse~n.~;~aforma¢?n is requested by the purchasing unit of the
agegc¥ contract h~to pu~gha~e the goods or seiwices or lease the real or
pergo~ proPertY~0vored, by:this contract or l~ase. Tho,informatiaa is
maihtained in N~? York State's Cenwal Aecemating System by the
Dh:~ctor of A¢¢~hting Op~iafions, OffiCe of the State Comptroller,
AESOB, Albeny, l~ew Y~:lc 12236.
11. EOUAL EMPLOYMENT OPPORTIJI~TIES FOR
MINORITIES AND WOMEN. I~ accordance with Section 312 of the
Executive Law, iftl~ conuuet is: (i) a written agreement or purchase
order~ instnnnent,~ providing for a total expenditure in excess of
$25,000,00, whereby a contracting agency is committed to expend or
docs expend Omni in return for labor, services, supplies, ~qmpment,
malafials or any c6~nbinafion of the foregoing, to be performed for, or
rendered or ~d to the contracting agency; or (ii) a written
agreement in excess of $t00,000.00 whereby a contracting agency is
coueullted to exp~nd or does expend funds for the acqulaition,
consmmtion, demol~ion, replacement, major repair or renovation of real
property and in~provementa' thereon; or (iii) a written agreement in
excess of $100,000~001'fl whereby thc owner of a State assisted housing
project is committed~to expend or does expend £nada for the acquisition,
constmctiaa, demolition, replacement, major repair or renovation of real
pmper~y and improvements thereon for suckprojeet, then:
(a) The Contractor will nor discriminate against employees or
applicents for emplqyment because of race, creed, color, national origin,
sex, age, disability or marital status, and will undertake or continue
existing programs of affirmative action re ensure that minority group
members and women are afforde& equal employment opporamides
without discrimJnafiom Afl'reactive action shall mean recmiunent.
Page 2
employment, job asmgnmeng promotion, upgradings, demotion,
mmsfer, layoff, or termination and rotes of pay or other forms of
corepensation;
(b) at the request of the contracting agency, the Contractor shall reques~
each employmna~ agency, labor union, or amhorized_ representatiw of
worke~ with which k has a collective bargaining or other agreemom or
aaderstaading~ to furnish a' wfiflen statement that. such employmen~
agency, labor union or representative will not discrimins~ on the basis
nfrece~ creed, color, nationsi cxigin, sex, age, d~sabillty or marital smms
and that such union or representative will affirmatively cooperate in the
implementation of the coutmctor's obligations herein; and
(c) the Contractor shall state, inall soll~:ilations or advertisements for
employees, ~hat~ in the perlennen~ off, Ii* 8late contract,*'' al~ qualified
applicants will be affoi:ded equal employment ~ Without
dlscfimlnsiion because of race, creed, color; netiomfl origin, sex, age,
disability or mafitat stores.
Contractor will include the provismns of ~a", "b", and "o" above, in
every subconwact over $25,000.00 for the conslmctio~ demolition,
replacement, major repair, renovation, pla~;ug or de~gn of real
property and improvemenm thereon (th, "Work~) except where the
Work is for the beneficial use of the Contractor. Section 312 does not
~ to: (i) work, goods or services umelated m this contract; or (ii)
oyment outside l~ew York Stsle4 or ii[i) banking services,
imm-ence poli~iss or the sale of securities. The Stare shall conaider
compliauce by a cenuuetor or subcontractor with th* requirements of
eny federal law concormng equal employmem opporamity :which
effectuates the pm-pose ~f ~ secffon. The contracting agency shall
determine whether the ~sitiou:of the r~uimmeuls of the p~ovisions
hereof duplicate or conflict with any such fedora: law end if such
di;pl[cation 'or conflict exists, ~e conh'actifig agency shall waive the
applicahilit~ of Section 3il2 m the extent o~ such ffnp~lir, atinn or conflict
Cdntratao[ will comply with all daly~promulgatact md lawful rules and
regulations of the Governor% Office ofMinofity and.Women's~Busincss
Devalopmeut peria(ulng hereto..
13. CONFLICTING ~. Iu the event cfa conflict between the
terms of the contract (inchaiing eny and all attachmenta thereto and
amendments thereof) and the tacos of this Appendix A~ the terms of this
Appendix A shall control
14. GOVERNING LAW. This contract shall be governed by the laws
of the Slate o£Neve York except where the Fedetal supremacy clause
requffcs otherwise.
15. LATE PAYMF3~, Timeliness of paymeut and any interest to be
paid to Contractm- for late payment shall be governed by Article ll-A of
the State Finance Law to the extm~t required by law.
16. NO ARBITRATION. Disputes involving this contract, including
the breach or alleged breach thereof, may ue~ be submitted to binding
arbitration (except wham statutorily authorized), but must, instead, be
heard in a court of competent jurisdiction of the State of New Yorlc
17. SERVICE OF PROCESS. In addition to the methods nf service
allowed by the State Civil Practice Law & Rules (~CPLR"), Contractor
hereby consents to service of process upon it by registered or certified
marl, remm receipt requested. Serv/ce hereunder shall he complete
upon Contrac~offs actual receipt of process or upon the State's receipt of
the remm thereof by the United States Postal Service as refused or
undeliverable. Contractor mu,si promptly notify the State, in writing, of
each end every change of address re which service of pmcsss can be
made. Service bythe State to the last knov(n address shaft be sufficient.
Contractor will have thirty 00) calendar days al~er service hereunder is
complete in which re respond.
May, 2003
ST~IIDImD CLAUSES FOR m
18. PROHIBITION ON PURCHASE OF TROPICAL
HARDWOODS. The Contractor certifies and warrants ~ ali w/)od
products to be used under this contract award will be.in accordance with,
but not limited to. the specifications and provisions of State Fmaooe
Law §165. (Use of Tropical Hardwoods) which t~ohibits purchase and
use of ~ropical hardwoods, unless specifically exergp, md,/ay the State or
any governmental, agency or poliricsi subdivision or public l~/neflt
eorporatiorL Q~on for an: exemprion undea- this la.vl will be the
responsibility of the contractor to establish to moot: with the approval of
the Smta.
In addition, when any portion of this contract involving the use of
woods, whether supply or installation, is to be performed by any
subcontractor, the p,~mc Con~acter will indicate .and ce~fy- in the
.submitS..' bld~pr op0s al that tbe ?ubdOn~'acter~ ~aus been informed and i~
in cOinpI~ance with spooiticatinns and pl~isions regarding use of
tropkakhardwoods as detailed,in §~6~5 Stht~F'monee Law. Any such use
mUSt me~t with the, al~proval of. thc S~ate; othtawisc, Lh~ bid may not be
considered r~aponsi~e. Unde£ bidder certifications, proof of qualification
for ~xempti0n Wffi,~?e.~e re/ponsioilky of the Contractor to moot with
the appWval of the S(ate.
19: MACBR1DE FAIR EMPLOYMENT PRINCIPLES. In
accordance with tlfe'MacBride Fair Employment Prinalpies (Chapto~
807 of the Laws of 1992), the Con. actor hereby Stipulates that the
ConUa~or e/ther (a) has no business operations in Northern Ireland; or
Co) shall uike lawfaI, steps in good faith to eonduer any business
opermion~,in NoRhcm Irelami in accordance with the MacBride Fair
Employ~t Principie~ (as described in Sootion 165 of the New ¥onk
State Ft~co LaW),'-ond shall permit indepemient monitering of
complhugo w~ sUCh principles,
26. OMBIIBUS PROCtFREMENT ACT OF 1992. It is the policy of
New york State to m~ 'miz~ opportunities for the participation of New
York Sta~, 'ibns~ess` ~e~terpeises, thciuding minority and women-owned
business 6fite~riseg as bidders, subcontractors ~nd suppliers on its
proonrem&t~ con.acta.
Informatio~[on,the availability of New York State subcontractors and
suppliers is ~avaflable ~om:
NYS Daparanem of Economic Development
DiviSion for Small Business
30 South pearl St - 7* Floor
Albany, New York 12245
Telephone: 518-292-5220
A dkoomry of cor/Jfied minority and women-owued business enterprises
is available from:
NYS Department of Economic Development
Division of Minority and Women's BuSiness Development
30 South Pearl St - 2nd Floor
Albany, New York 12245
intp://www.empire, state.ny.us
The Omnibus Procurement Act of 1992 requires that by signing this bid
proposal or contract, as applicable, Contractors certify that whenever the
total bid amount is greater than $I million:
(a) The Contractor has made reasonable efforts to encourage thc
participation of New York State Business Enterprises es supplieta and
subcontractors, including cerafied minority and women-owned business
enterprises, on this project/aud has retained the dooumenmfion of these
efforts to be provided upon request to the State;
(b) The Contractor has complied with the Federal Equal Opportunity Act
of 1972 (P.L 92-26D, as emended;
(e) The Conu'aemr agrees to make russunabIe effom to ~mvide
notification to New York State residents of employment opportunities
on this project through listing any such positions with the Job Service
Division of the New York State Deparmaent of Labor, or providing such
notification in such manner es ~s consiarenr wi~ existing calleetive
bargainingeonu'aem or agreements. The Contractor agrees to document
these efforts and to provide said documentation to the State upon
requesg and
(d) The Contravtor acknowledges notice that the State may seek to obtain-
offset credits from foreisn counuies as a result of '&is contract and
agrees to cooperate with the State in these efforts.
2L RECIPROCITY' AND SANCTIONS PROVISION~ Bidders are
h~by ~fi~ ~ if ~ ~ p~e of Sm~ is too~ ~ a
co~, amies- proem, sram ~ ~H~ m~on ~ ~iz~
New Yo~ ~ v~do~, ~ if ~ goo~ 0r ~e~ ~ off~ ~11 be
~s~ly ~ ~ p~ o~ ~ Yo~ 'S~e, ~e
~ Promt A~ ~94 ~d 2~0 ~m (C~tor 6~
~ C~ 383, re~v~y) m~ ~t ~y be ~ed ~ts
w~ch ~ey w~ o~se ob~. NO~' ~ of ~y 15, 2002, ~e
list uf ~ j~vgons s~j~ m ~ pm~on ~l~es ~e
~t list ofj~e~~ s~j~ ~ ~s~siom
22. PURCHASES OF APPAREL. In accordance with State Finance
Law 162 (4-a), the State shallnot purchase any apparel from any vendor
unable or v. uwilling to certify that: (i). such apparel was manufactured in
onmplianue wifl~ all applicable labor and~ occupational sa£ety laws.
iuelmiing, but n6t lhni~d to, child labor laws, wage and hours laws and
workplace safety laws. and (ii) vendor will supply, with its bid (or, if
not a bid situation, prior to or at the'time of sigiiing ~a eontrae~ with the
State), if known, the names and eddsesses of e~h subcontractor ond.a
list of all manufactering plants to be tit/lized by the Bidder.
Page 3 May, 2003
Proposed Project Budget
Farm Name: Not Yet Determined Municipality: Town of Soutbold
PROJECT COSTS
Estimated Value of Conservation Easement I $ 1,333,333.00 I
Total Project Costs
1,333,333 J
FUNDING SOURCES
Local Match Funding
Municipal Funds
Landowner Donation
In-Kind
Other (foundation, federal, etc.)
Subtotal
% of total project costs
333,333
$
$ 333,333
25%
Identify:
State Funding
State Funding
% of total project costs above
J$ 1,ooo, 0oo
75%
George E. Pataki
Governor
STATE OF NEW YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
Janua'3, 14, 2004.
Nathan L. Rudgers
Commissioner
Mr. Joshua Y, FIorton, Supervasor
Town of. Southold
53095 Route 25
F,O. Box 1179
Sonthotd, New York 11971
Dear Mr. Horton:
I am very pleased to inform you that the Department'of Agriculture and Markets has awarded the
Town of Southold the sm of $1,000,000 m assist the Town in its farmland preservation efforts. Based
upon your FY2003/2004 Agricultural and Farmland Protection Implementation Grants proposal, the
Depament ~has provided matching funds toward purchasing the development fights on any of the parcels
for'which you applied.
Before State funds can be provided for the purchase of easements or development rights on any of
these farm parcels, it will first be necessary to develop a comract between the Department and the Town.
This contract must contain, at least, an agreed upon plan of work and budget. Project expenditures, which
occur prior tO the approval of the contract by the State Comptroller, might not be reimbursed. Therefore,
we su~ongly advise that you not incur any expenses for which State reimbursement will be sought until the
contract is approved.
In order to facilitate the timely development of a contract, I am requesting that you identify the
principal contact, person with whom you would like us to work. Please provide this information to Ken
Gmdeas, the Depamnent's Farmland Protection Program Manager. He may be reached by phone at 518-
457-2713, by fax at 518-457-2716 or by e-mall at ken.grudens@agmkt, state.ny.us.
The Department looks forward to working with you in preserving your valuable farmland
resources for ag!ticultural production purposes now and in the future.
Sincerely,
NATHAN L. RUDGERS
Commissioner of Agriculture
and Markets of the State of New York
CC:
Melissa Spiro, Land Preservation Coordinator
Kenneth Schmitt, Chair, Suffolk County AFPB
t Winners Circle ~, Albany, New York 12235 ~ Phone: (518) 457-8876 ~ Fax: (518) 457-3087
~ printed'on recycled paper
Part A ~ Applicant Information
Applicant:
Town of Southold~ Suffolk Comatys New York
1oshua Y. Horton, Southold Town Supervisor
53095'Main Road '~
Southold, New York 11971
Contact Person:
Melissa Sp~ro, Southold Town Lmad Preservation Coo~inator
Department of L.~d Preservation
53095 ~Road
South01d, New York ~ 1971
Telephone:
Fax:
E-mail:
(631) 765-5711
(631) 765-1366
Melissa. Spiro@~town.soutlaold.ny.us
ItemS:
Item 9:
Item 10:
Evidence of Development Pressure
The Town of Southold has been a farming community since it's foundi~ g over
350 years ago.. The Town has seen many changes, most noticeably population
increases and the encroachment of home ~nilding on prime farmland. The Town
is located about 100 miles from the center of the New York Metropolitan area
and is adjacent to the Long Island suburbs, of New Yorl~ City. The suburban
populo~tlon, nearing 3 million, has caused most of the famfland of western
Suffolk County to. b~ converted to. non-agricultural uses.
Development pressures have moved eastward in Suffolk County over the years
due to the availability of land and the desire of urban and suburban residents to.
live in a more rural,, scenic, and safe community, The establishment in 1992. of
the Pine Barrens Preserve in Brookhav0n, .Riverhead and~Southempton towns
resulted in development pressure leapf~gging to. the east. The development
pressures pose a threat to commerc'ml f~rming becatme farmem are forced to
compete witthresidenthfl buyem for large lots.
Appmxlmately one-third of the Town, approximately 10,207 acres, is devoted
to active agriculture use (Source: Town,of Southold GIS, 2003). Over the last
twenty years, public and private efforts ~o conserve agricultural land for the
future have been successful in preserving over 2,800 acres of land. However,
during that same twenty-year period, it is estimated that the Town los~ as much
acreage to development as was permanently protected. (Source: Southold Town
Farm and Farmland Protection Strategy, 2000)
Landowner Commitment
See attached information for each parcel.
Stewardship Responsibilities
The Town of Southold holds the development rights, in a dedicated fashion and
in perpetuity. This fact is reflected in the title retained by the underlying fee
owner of the preserved agricultural lands. The management/monitoring of the
terms of each easement is currently a task of the Land' Preservation Committee
(LPC) and the Land Preservation Coordinator. General monitoring of easements
occurs on almost a daily basis due to the fact that the amount of land on which
the development rights have been purchased is not overwhelming, the majority
of the parcels are visible from the road and all LPC members live within the
Town. The LPC maintains a file for each property on which the development
fights have been sold. Included within the file is a survey for the specific site.
The Land Preservation Depar~aent will conduct specific site monitoring on an
annual basis. The site will be inspected as to its conformance to the terms of the
easemem.
Item 11:
Item 12:
Item 13:
Item 14:
Conservation Easememt DOc~,ment
Due to a very high level of development pressure on farms in the region, the
Town of Southold and Suffolk County typ?ally close on development right
purchases quickly and prior to a~nking the Department for actual payment. The
Town of Southold bas worked with the Dept of AgficuRure and Markets in the
past, and the language of the conservation easements used by the Town has
been approved by the Department. The Town is willing to work with the
Department in advance to. discuss, any issues or concerns that DL-partmem staff
may-ba.ve.
Planning Documents
Southold Town has pursued a vigorous program of Agricultural Land
Preservation. The Town has purchased the development rights on over 1400
acres of farmland~ The Town Board first established a committee dedicated to
land preservation in 1983.. The Land Preservation Committee (LPC) is made up
of 7 members, the majority of whom are active farmem or have bad extensive
experience in land preservation efforts,. The tasks and goals of the Committee in
regard to agricultural land preservation are spelled out in Chapter 25:
Agricultural Lands Preservation (Attachment A) and Chapter 6: Community
Preservation Fund (Attachment B) of the Town Code.
In January of 2000, the Town adopted a Farm and Farmland Protection
Strategy. The report outlines a strategy for levemging the Town's bond funds
for the preservation of agricultural land through more pro-active partnering with
other governmental agencies and private landowners. (Attachment C) The town
has taken several steps, to. implement this Strategy, including appointing a Land
Preservation Coordinator whose primary function is to facilitate the Town's
land acquisition efforts and the partnerships needed to accelerate the acquisition
of development rights easements and fee title purchases.
Farmland Protection Board
See attached letter (Attachment D) from Suffolk County Agricultural and
Farmland Protection Board.
Key Personnel
The process of review, recommendation, negotiation and contmcffclosing,
involves Melissa Spire, Land Preservation Coordinator, Reynold Blum,
Chairman Land Preservation Committee, the volunteer members of the Land
Preservation Committee, Gregory Yakaboski, Town Attorney and Lisa
Kombrink, Legal Council. The contact for this application is Melissa Spire,
Land Preservation Coordinator.