HomeMy WebLinkAbout1000-55.-2-10.3, 10.4 & 11.1 SURVEY OF PROPERTY
IN SO UTHOLD
TO WN OF SOUTHOLD
SUFFOLK COUNTY., N. Y.
1000-55-02-PIO 10.1, 10.3
SCALE: 1�--100
MARCH 10, 2022
JULY, 23, 2022 (REVISION)
SEMEMBER 14, 2022 (LOT LINE REVISION)
JANUARY 7, 2023 (CONTOURS)
Nam
AREA OF
SUBJECT PARCEL
MAP OF FINAL PLA T
CLUSTERED CONSERVATION
SUBDIV4SON
NORTH FORK ESTATES
FILE No. 11647
MAR. 5, 2012
SUFFOLK COUNTY KEY MAP
(DEVELOPMENT RIGHTS) OLD Xo)�r
GRAN.
MON. APR C 4 2025
GRAN. 752.23' FND.
MON. N88'3�30"E 30 SOUTHOLD TOINN
FND. ELAN�t!NG BOAR
FE. tA/0
O.31W swp,(;As
0 s AG4 opotty UK 10
Ld sijeof PR COR. WA T&
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APR 0 4 2025
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p LAN'.t'N. fiO�RD
IF STEPH
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32 CO*
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20
22
CMEL 2k
LO 09 1 2
(n 413 426 Z
S,R.F. ��-75312!5 MENU 002URC 6.',A4 Aro 4. S84-23' VACANT
.71 N E3,, (Ac WELL) rolb 0
(DRY) 26
Irk 00 CCRI Ar --sy 20' 09-21
2827.2 BARN 7
SPK. CIS[ ry
SET OFF MD. C),36
in
IVAP OF msr W
ETSFY 6. HaX 2
WER r., B '30 &2as' 0^
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CHESTER M' FILE NO- a; / 00RE;.
4DEVELOPMENT RPM n If J0.2
SUrr0LK CO' 32 .10
DE�nOPmENr RIGHTS cAsrmrNr AREA EASEMENT 0 N
AREA /2 STY,
0 VACANT z MA.IF
20-52 AO?E$ 1000 — 55 2 — 10.3
SOUTHOLD P/O Scru # C14 N86'0�00"W scW it
TOWN OF 1000 55 2 10.1 z sry.
AW • 44J AM
ENTAL RIGHTS) camp a ct COR. RIK
J2.5p mwr
(DEVELOPM 36 ev WAMV
335-54' 16704 'TC�945.00' # PARCEL 2 15 PROPOSED .99 A
Pow - LIVI" 2 ADDED TO .�7 REM TO SHWt 0-070
38 LOIT 1000-55-2-111 FOR Ls
N---/5OZ-9-4-1— SEE DETAIL ON SHEET 14-070 ADDITIONAL DETAI
N87-49050 NO/r
MOFPAT FARM NORTH LLC
40 TOWN OP SC)UTHOW
LOT VACANT
30
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0.
MON.
0.H, ------ - PND.
to (jA low
0.H. 00 N87"49'so 414.72 &Rx.
L.I P.A.
EA SEMvN r 00
roo" (A 0 32
PIPE
MoN. SCTW #
4-31W GRAN- S7915 0
LD 1000 55 2 — 24.2 34
MON. TOWN OFSoUTHO
FND. (C)EVELOPM5NTAL RIGHTS)
N/01F VANDUZER
APPLIANCE COMPANY INS
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES
GREAT RIVER, N.Y.
O
PARCEL 2 = .990 ACRE DATE or-
F
PARCEL I = 4.010 ACRE d1 x
CERTIFIED TO. THIS IS TO CERTIFY THAT THE PROPOSED REALTY SUBDIVISION OR 1�
TEST HOLE DATA TOWN OF SOUTHOLD DEVELOPMENT FOR IN THE N
WITH A TOTAL OF LOTS WAS APPROVED
McDONALD GEOSCIENCE FIRST AMERICAN 777LE COMPANY OF NEW YORK (641—S-04097)
6125115 ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE DISPOSAL
(9 WELL USDA—NRCS
FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT
0 - WATER VALVE EL 26.5' MOFFA T FARM NORTH, LLC. AT THE TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE
DARK BROWN LOAM OL PERMITS PURSUANT TO THOSE STANDARDS. THIS APPROVAL SHALL BE
(2)- TEST HOLE --------- 2' FLOWER & FLORES FARM, LLC VALID ONLY IF THE REALTY SUBDIVISION/DEVELOPMENT MAP IS
- REVAR DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF THIS DATE.
BROWN SILTY SAND SM CONSENT IS HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH--,
13 - MONUMENT THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN
-------- 4# 1 HEREBY CERTIFY THAT THIS SUBDIVISION PLAT WAS MADE FROM ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEALTH LAW AND THE N. Y.S. LIC. NO. 0511-32-01
ELEVATIONS ARE REFRENCED TO N.A. VD. DATUM. ACTUAL SURVEYS COMPLETED 0311012022 THAT ALL MONUMENTS SUFFOLK COUNTY SANITARY CODE. N. Y.S. LIC. NO. 49618
SHOWN THUS E3 ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY WALTER DAWYDIAK, JR,. P.E.
ANY AL TERA 77ON OR ADD177ON TO THIS SURVEY IS A V40LA 77ON PALE BROWN PINE TO COARSE SAND SW SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT, DIRECTOR, DIVISION OF ENVIROMENT QUALITY PECONIC SURVEYORS, P.C.
OF SEC77ON 72090F THE NEW PORK srA7E7 EDUCA770N LAW (631) 765-5020 FAX (631) 765-1797
EXCEPT AS PER SEC17ON 7209—supD1V4S10N 2. ALL CER77FICA77ONS P.0. BOX 909
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF 17" JO W.S. L,S, LIC. NO. 49618 1230 TRAVELER STREET t%!�n
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR SOUTHOLD, N. Y. 11971 15-1 t-u
WHOSE SIGNATURE APPEARS HEREON, NO WA TER ENCOUNTERED
PROPOSED N
LOT LINE ADJUSTMENT
OF PROPERTY AT
SOUTHOLD
TO .Pik OF SOUTHOLDAREA OF
SUFFOLK COUNTY . Y. SUBJECT PARCEL
1000-55-022 10.3
SCALE V--60' G�C�C Odd®
MARCH 10, 2022 a
JUL Y, 23, 2022 (REVISION) APR 0 4 2025
SEPTE-MBER 14, 2022 (LOT LINE REVISION) SOUTHOLD TOWN -cZ
PLANNING BOARD
O
N
I HEREBY CERTIFY THAT THIS SUBDIVISION PLAT WAS MADE FROM
c
ACTUAL SURVEYS COMPLETED 03110122 THAT ALL MONUMENTS
SHOWN THUS M ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY KEY MAP
SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT,
JDHN,Tl. IMETZGER, W39, L.S. LIC. NO. 49618 REFER TO MAP 15-170
FOR ADDITIONAL DETAILS
SOIL TYPES : RdB & HoB
FROM SUFFOLK COUNTY
SOIL SURVEY MAPS
PROPOSED TRANSFER FROM LOT 10.3 OLDNORTH EXISTING LOT 10.3 - 5.00 ACRES ROAD
PARCEL 2 = .990 ACRE
PARCEL 1 = 4.010 ACRE
PROPOSED TRANSFER FROM LOT 11.1 PARCEL 2 Q
PARCEL 2 = .990 ACRE (Q
LOT 11.1 EXISTING = .43 ACRE THIS IS TO CERTIFY, BASED UPON AN EVALUATION N/0/F
LOT 11.1 PROPOSED = 1.42 ACRE AND VISUAL INSPECTION OF THE SEWAGE 'DISPOSAL olo- SARAGAS V-
SYSTEMS AND WATER SUPPLY SERVING THE EXISTING EKATE GXS tNE 0)
ZONEING DISTRICT AC: LOT COVERAGE MAX 20% BUILDING(S) THAT THEY APPEAR TO BE FUNCTIONING MiCNRE� SARA PROPER L REBAR
LOT COVERAGE FOR PROPOSED LOT 11.1 PROPEXISTING USE 0 THE BUILDING(S)
ADEQUATE
QUA TO SERVE THE pk FROM SUB3EG�tC wA-tER (�(�! SET VALVE
(ALLHOUSE & DECKS - 1 848 0 S.F. Wo L11''tG 34 USES pvB ! 1 `t J `j yti
GARAGE = 587.2 S.F.
BARN 1 = 1,525 S.F. CO p
BARN 2 = 1,055 S.F. Qj ,h
POOL = 540 S.F. JOSEPH FISCETTI, P.E. NYSPE LICENSE # 052510 Mro
TOTAL S.F. LOT COVERAGE - 5,555.2 S.F.
TOTAL S.F. PROPOSED LOT 11.1 n 62,096.1 REBAR ~
5,555.2 / 62,096.1 = 0.089
TOTAL % LOT COVERAGE:. 8.9% �}
�
� SET 2
c�
• TO PRQP CCIR,1 ��✓✓
v
PROPOSED BOUNDARY .99 ACRE LAND 1
00 TO HE TRANSFERRED TO „ ,7" GRAV£L pR1VEwAY
24.�
N ADJOINING MOUSE LOT E VACANT
$•A�9'A� o J S84.23'20'E
�16 0 6A S� 2r (DRY) SY 20' 209.21'
r BARN �.
I 1 TEST -7 ,'
c\a Q7 <C/
a.28 C) co
I Z o Q <v co
2
N Lp7KD o FE. 1 �►
A�C�L � S88.57'00"E 7 173.88' -
W a CP f O
W DEVELOPMENT RIGHTS w� oI o DECK--, SEPTIC) FRAME w12 STY. �' �Y Q<v4
0 oa o o OHOUSE *. N O Q?
C) EASEMENT N N DECK o COVERED 42.5 !/ !! J
ems---- VACANT � rai .•ow I N DECK / Q Q
Q o Z VINYL\
Z I FENCE) SCTM #1000-55-2-11.1 gNar
�-- 1000 - 55 "- 0.3 p /c� 2`�2' ` 1�9�5.4 - SF.UR4rQ43 ACRE
N �° R 24.4' / {O DIRT & „4� Lfr UWWG N H.M.
rRusr
POOL s'aAME / ASPHALT (PUBLIC WATER)
z EQUIP. 3' GARAGE N / DRIVEWAY
MON
F D. , e
115.10 a�
Coy -
3 --� L=45.00
vaq-16 7. 4 sr 25p o
STAKE
SET N87049'50"W 502. 94' SETS TAKE
T_ls7CO+.
N/O/F �,
MOFFAT FARM NORTH LLC } y,,,` , ; .
ZONING SET HACK TOWN OF SOUTHOLD
LINE OF ZONING
_ 'VACANT
A m STAKE SFr
= TEST HOLE PARCEL 1 = 4.010 ACRES
• REBAR PARCEL 2 = 0.990 ACRES A
TOTAL ACRES = 5.000 ACRES
® _ ,�oNUMFNT CER700 TO. O z/C Ili NSF _ t1
ELEVA 7IONS ARE REFRENCED TO N.A.VD. DA R/Y. TOWN OF SOUTHOLD �,'�j ALe� �c q R N.Y.S. L NO. 051132-01
ANY AL7ERA77ON OR ADDITION TO THIS SURVEY IS A WOLA770M nRST AMERICAN 7171.E COMPANY OF NEW YORK (641-S-04097) ti �,gvSFs N.Y.S. LIC. NO. 49618
OF S£C77ON 7209OF THE NEW YORK STATE EDUCA77ON LAW. USDA-NRCS �R PECON/C SURVEYORS, P.C.
EXCEPT AS*PER SECTION 7209-SUBDIVISION 2. ALL CER7IFICA770NS MOFFA7 FARM NOR7N LLC.
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF , 0� (631) 765-5020 FAX (631) 765-1797
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR FLOWER & FLORES FARM, LLC P.O. BOX 909
WiOSE SIGNATURE APPEARS HEREON.
S � OL A1OTHDNY. 1971 14--070
Westermann, Caitlin
From:Terry, Mark
Sent:Wednesday, June 4, 2025 3:30 PM
To:Westermann, Caitlin; Michaelis, Jessica
Subject:FW: Resubdivision for 1000-55.-2-10.3 and 11.1.
Attachments:declaration on lot 10.3 abreviated.pdf
File
From: Kevin Perry <kevin@northforkflowerfarm.com>
Sent: Wednesday, June 4, 2025 3:29 PM
To: Terry, Mark <mark.terry@town.southold.ny.us>
Cc: Al Martinez-Fonts <al@northforkflowerfarm.com>; Drianne Benner <drianne@northforkflowerfarm.com>
Subject: Re: Resubdivision for 1000-55.-2-10.3 and 11.1.
Mark,
The "Declaration of Covenants and Restrictions" placed on lot portion 10.3 requires that an easement be
placed on the road providing access to the preserved lot 10.4 when 10.3/10.4 are divided or the lot line is
adjusted with lot 11.1. It allows the Planning Board to waive the easement requirement in the event that
10.4/10.3 are not being divided but land is only being transferred from lots 10.3 to 11.1.
As we are not separating 10.3 and 10.4 we request that the Planning Board waive the requirement of placing
an easement on the access road.
A section of the Declaration is attached. The pertinent requirement can be found in paragraph #1 on the
second page of the (actual) Declaration.
Kevin Perry
Flowers & Flores Farm, LLC
631.323.6690
1
• r '
I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
IIIIII IIIII IIIII IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION Recorded: 11/12/2014
Number of Pages : 8 At: 12 :02 : 35 PM
Receipt Number : 14-0149268
LIBER: D00012795
PAGE : 470
District: Section: Block: Lot:
1000 055 . 00 02 .00 010 . 004
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above instrument
Exempt Exempt
Page/Filing $40 . 00 NO Handling $20 . 00 NO
COE $5 . 00 NO NYS SRCHG $15 . 00 NO
TP-584 $0 . 00 NO Notation $0.00 NO
Cert.Copies $10 . 00 NO RPT $60 . 00 NO
Fees Paid $150 . 00
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
RECEV D
JAN 8 2015
DEPi OF LAND
PRESERVATION
y.
RECORDED
Number of pages ,. ,:z o
I,1
.TI DITH G. PASCALE
CLERK O
This document will be public SUFFOLK ,BOUNTY
record. Please remove all L DOO-012 95
Social Security Numbers P 470
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Mortgage Amt.
Page/Filing Fee � Z
1.Basic Tax
Handling 20. 00 2. Additional Tax
TP-584 Sub Total
Spec./Assit.
Notation
or
EA-5217(County) Sub Total bD Spec./Add.
EA-5217(State)
TOT.MTG.TAX
Dual Town Dual County
R.P.T.S.A. �l Gam_ Held for Appointment
Comm.of Ed. 5. 00 Transfer Tax
Affidavit + + Mansion Tax
D The property covered by this mortgage is
or will be improved by:_a one or two
NYS Surcharge 15. 00 (�o family dwelling only.
Sub Total YES or NO -
Other — If NO, see appropriate tax clause on
Grand Total
�I>n page# of this instrument.
�— 1000 05500 0200 010004 lb
l®�O ' 2826987
4 Dist. � 5 Community Preservation Fund
Real Property RPSMI A`
rtY p I i��llf II�II IIIII�I�II Illlf IfIII I�III ffll Ilfl Consideration Amount
Tax Service 10-NOV-1
Agency _ _ CPF Tax Due $
Verification - --- - T
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
TD
3�J L,�esi p� n _ S )
/01 11 C a TD
Mail to:Judith A.Pascale,Suffolk'County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Nam
www.suffolkcountyny.gov/clerk
Title# 1— 5—
RI Suffolk County Rec_ardina R EndnrsemPnt PaaP
,
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION, made as of thiskday of October, 2014, by MOFFAT
FARM NORTH, LLC, hereinafter referred to as the "DECLARANT"; as owner of the
premises designated as the date hereof as SCTM #1000-55-2-10.1 and shown on a
survey prepared by Peconic Surveyors, P.C. dated June 17, 2014 and last revised
September 9, 20141, a reduced copy of which is attached hereto and made a part
hereof, and a portion of which is designated as the " Reserved Area"and a portion
of which is designated as the ""Development Rights Easement Area," and both
separately described in the metes and bounds descriptions attached hereto.as
Schedule "'A"' and "B"and made a part hereof, hereinafter respectively referred to as
the "Reserved Area" and the "Easement Area."
WITNESSETH :
WHEREAS, DECLARANT is the owner of certain real property situate at
47775 County Road 48, in the Town of Southold, County of Suffolk and State of New
York, (the "Property"); and
WHEREAS, the DECLARANT has granted to Town of Southold a -
Development Rights Easement datedgr as , 2014 for a part of SCTM
#1000-55-2-10.1; and
WHEREAS, for and in consideration of the acceptance of the Grant of
Development Rights Easement, the Town Board of the Town of Southold (the "Town
Board") has deemed it in the best interests of the Town of Southold (the "Town") and
the owner and prospective owners of the Property that the within covenants and
restrictions be imposed on the Easement Area and,the Reserved Area, and as a
condition of the`acceptance of the Grant of Development Rights Easement, the
Town Board has required that the within Declaration be recorded in the Suffolk
County Clerk's Office; and
WHEREAS, the DECLARANT has considered the foregoing and has
determined that this declaration of covenants and restrictions will be in the interests
of the DECLARANT and subsequent owners of the Property;
NOW, THEREFORE, be it declared as follows:
The DECLARANT, for the purpose of carrying out the intentions above expressed
does hereby make known, admit, publish, covenant and agree that the Development
Rights Easement Area (the "Easement Area" herein) and the Reserved Area shall
I For purposes of clarity, the survey includes the Suffolk County Tax Map designations as
of the date hereof.
r
hereinafter be subject to,the covenants and restrictions as set forth herein, which
shall run with the land and shall be binding upon all purchasers and holders of the
Property, their heirs, executors, legal representatives, distributees, successors and
assigns; to wit:.
1. Access to the Easement Area shall be provided from the North
Road (C.R. 48) frontage between the lot now or formerly known as
SCTM#1000-55-2-11.1 to the northerly boundary of the lot now or
formerly known as SCTM#1000-55-02-10.1 along the North Road
(C.R. 48), and/or from any adjacent property. Said access area shall
be defined as an access easement or similar designation when an
application is made to subdivide the 5-acre Reserved Area from the
Easement Area or application is made for a re-subdivision or a lot line
modification of the lot now or formerly designated as SCTM #1000-55-
2-11.1. If a re-subdivision or lot line modification is made prior to an
application to subdivide the Reserved Area from the Easement Area,
the Planning Board of the Town of Southold may waive the
requirement to establish access until such time that application is
made to subdivide the Reserved Area from the Protected Property.
Access to the Easement area and to the Reserve Area from the
344.84' frontage on the North Road (C.R. 48) that is south of the lot
now or formerly designated as SCTM# 1000-55.-2-11.1 is prohibited.
2. Subject to approval by the Land Preservation Committee and
the Planning Board of the Town of Southold, and as otherwise
required by applicable law, the Reserved Area may be subdivided
from the Easement Area. No further subdivision of the Reserved Area
is permitted except to add approximately 1 acre of it to the lot
designated as SCTM #1000-55-2-11.1, an existing separate lot with
an existing residential dwelling.
These covenants and restrictions shall be construed to be in addition to and not in
derogation or limitation upon any local, state, and federal laws, ordinances,
regulations or provisions in effect at the time of execution of this agreement, or at the
time such laws, ordinances, regulations and/or provisions may hereafter be revised,
amended or promulgated.
These covenants and restrictions shall be enforceable by the Town of Southold, by
injunctive relief or any other remedy in equity or at law. The failure of the Town of
Southold or any.of its agencies to enforce same shall not be deemed to affect the
validity of this covenant nor to impose any liability whatsoever upon the Town of
Southold or any officer or employee thereof.
If any section, subsection, paragraph, clause, phrase or provision of these
covenants and restrictions shall, by a Court of competent jurisdiction,.be adjudged
illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the
validity of these covenants as a whole, or any other part or provision hereof other
than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional.
This Declaration is made subject to the provisions of all laws required by law or by
their provisions to be incorporated herein and they are deemed to be incorporated
herein and made a part hereof, as though fully set forth.
This Declaration shall run with the land and shall be binding upon DECLARANT, its
successors and assigns, and upon all persons or entities claiming under them, and
may not be annulled, waived, changed, modified, terminated, revoked or amended
by subsequent owners of the premises unless and until a recommendation is made
to do so by the Planning Board and the Land Preservation Committee, and same is
approved by a majority plus one vote of the Town Board or its legal successor,
following a public hearing.
IN WITNESS WHEREOF, the DECLARANT above named, has duly executed the
foregoing Declaration the day and year first above written.
DECLARANT:
MOFFAT FARM NORTH, LLC
By: SEAI%MOFFAT, Managing Member
STATE O EW YORK)
SS..
COUNTY OF FFOLK)
On the day f October in the year 2014 before me, the undersigned,
personally appeare Sean Moffat, personally known to me or proved to me on the
basis of satisfactory a 'dence to be the individuals whose names are subscribed to
the within instrument an acknowledged to me that they executed the same in their
capacity, and that by thei ignature on the instrument, the individuals, or the
persons upon behalf of whi the individuals acted, executed the instrument, and
that such individuals made s h appearance before the undersigned.
Notary Public
��C.'v�0 v►i� �i�Y1Q,y��
Peconic Abstract, Inc.
Title No.: 641-S-04097 amended 7/22114
Schedule A Description —AMENDED 7/28/14
Development Rights
Easement Area
ALL that certain plot, piece or parcel of land, situate, lying and being in the
Town of Southold, County of Suffolk and State of New York, being bounded
and described as follows:
BEGINNING at a point on the westerly side of North Road (C.R. 27) distant
948.60 feet southerly from the corner formed by the intersection of the
southerly side of Old North Road with the westerly side of North Road (C.R.
27); and
RUNNING THENCE along the westerly side of North Road (C.R. 27) the
following (3) courses and distances:
1) South 19 degrees 36 minutes 50 seconds West, 98.63 feet;
2) Along the arc of a curve bearing to the right having a radius of 2259.00
feet, a distance along said curve of 228.92 feet; and
3) Along an arc of a.curve bearing to the right having a radius of 2259.00
feet, a distance along said curve of 45.00 feet to the true point or place
of beginning;
RUNNING THENCE along the westerly side of North Road (C.R. 27) along an
arc of.a curve bearing to the right having a radius of 2259.00 feet, a distance
along said curve of 299.84 feet to a concrete monument and Town of Southold
Development Rights;
RUNNIING THENCE along said land and continuing along lands now or
formerly of Vanduaer Appliance Company, Inc.the following (3) courses and
distances:
1,) North 87 degrees 49 minutes 50 seconds West, 414.72 feet;
2) North 7 degrees 08 minutes 00 seconds West, 30.35 feet;
3) South 79 degrees 15 minutes 00 seconds West, 892.99 feet to a
monument and other lands of the Town of Southold Development
Rights;
Continued.....
Title.No.: 641-S-04097
Schedule A Description continued'.....
Development Rights
Easement Area
THENCE along said land, North 11 degrees 34 minutes I6`96conds West,
935.30 feet to a monument and land now or formerly of Suffolk County
(Development Rights);
THENCE along said land, North 88 degrees 35 minutes 30 seconds East,
752.23 feet to a monument and land now or formerly of Bertschi and Gilmore;
THENCE along said land the following (2) courses and distances:
1). South 5 degrees 53 minutes 10 seconds West, 315.00 feet;
2) North 79 degrees 12 minutes 50 seconds East, 375.18 feet to land now
or formerly of Saragas;
THENCE along said lands, North 78 degrees 53 minutes 10 seconds East,
73.75 feet to the Reserved Area;
THENCE along said Reserved Area the following (2) courses and distances:
1) .South 2'degrees 10 minutes 10 seconds Vilest, 318.28 feet;
2) South 87 degrees 49 minutes 50 seconds East, 502.94 feet to the,-
westerly side of North Road (P.R. 27) and the true point or place of
BEGINNING.
Peconic4AWs act, Inc.
Title No.: 641-S-04097 amended 7122/14
Schedule description
FOR INFORMATION ONLY
Reserved Area
ALL that certain plot, piece or parcel of land, situate, lying and being in the
Town of Southold, County of Suffolk and State of New York, being bounded
and described as follows:
BEGINNING at a point on the westerly side of North Road (C.R. 27) distant
948.60 feet.southerly from the corner formed by the intersection of the
southerly side of Old North,Road with the westerly side of North Road (C.R.
27);
THENCE along the westerly side of North Road (C.R. 27)the following (3)
courses and distances:
1) South 19 degrees 36 minutes 50 seconds West, 98.63 feet;
2)Along an arc of a curve bearing to the right having a radius of 2259.00 feet, a
distance along said curve of 228.92 feet;
3)Along an arc of a curve bearing to the right having a radius of 2259'.00 feet, a
distance along said curve of 45.00 feet;
THENCE along the Development Rights Easement Area the following (2)
courses and distances:
1) North 87 degrees 49 minutes 50 seconds West, 502.94 feet;
2) North 2 degrees 10 minutes 10 seconds East, 318.28 feet to land now or
formerly of Saragas;
THENCE along said land, North 78 degrees 53 minutes 10 seconds East,
714.90 feet to the westerly side of North Road (C.R. 27) and the point or place
of BEGINNING.
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of q5kan0
On before me, A(Aun UT-00k tCU"P(A_X1 y10_VAv�l Nt',ZV
(Here insert name and title of the officer)
personally appeared e&P",N 0
who proved to me on the basis of satisfactory evidence to be the person whose nameA is/art subscribed to
the within instrument and acknowledged to me that he/sA/the executed the same in his/h r/tlkir authorized
capac ty(ieI I and that by his/h /th r signature(�J on the Instrument the person(, or the entity upon behalf of
which the person( acted, executed the instrument.
I certify Linder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
r• ,�•� ARUN LATA KUMAR -�
WITNESS my hand and official seal. o" COMM.#2033037 ^
U �® d NOTARY PUBLIC-CALIFORNIA `!
= ®$ o SOLANO COUNTY
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:01�et
Southold Town I faBOARD MEMBERS
00
ll
Leslie apes Weisman, Chairperson
53095 Main Road- P.C . Box 1179
ism
Patricia Aoan ora
r
Southold,N 1171-0959
Office Location:
Robert Lehnert, Jr. leer
U.
Town Annex
/First F
Nicholas Planarnento 54375 Main Road at Youngs.Avenue)
Margaret Steinbugler OU,NV o
uA ��� VED
http:Hsoutholdtownny.gov
ZONING BOARD OF APPEALS UN 2 3 2025
TOWN OF SO T HOL
U &40e
Tel. 31 7+ 5-109
Southold Town Clerk
FINDINGS,INGS, DELIBERATIONS AND DETERMINATION
MEETING OF JUKE 189 2025
Z A FILE: #801+6
NAME of APPLICANTS: Flowers and Flores Farm. LL I Kevin Terry and Tina Kosl+osky
PROPERTY LOCATION: 48125 County Road 48 and 48455 County Road 48, Southold, N
S TM Nos. 1 o00- -2-1.1.1 and 1000- 5-2-10.3
,,,m I���TER I .� �� : `�"h� Zoning Board of Appeals has visited the property under consideration ra.tion in this
pp
a � li�cation I and deter-nines that this review falls under the Type II category of-the List of Actions, without
further steps under SEA.
iFF lr,� Nof A l "l . COQ 11E1: This application was not required to be referred to the Suffolk
County Ikep rnent of Planning under the�
e Suffolk ounty Administrative Code Sections A 14-I 4 to
23.
R,P DETERMINATION.- The relief, permit, or interpretation requested in this application is listed under the
Minor Actions
exempt list and is not subject to review under Chapter 2+68.
INS BOARD: This application required approval from the Town of Southold
TOWN OF
in Board.. The ZBA received a memo from the Town of Southold Planning Board dated June , 2025 stating
P la 11 nn g
that the Planning Board supports the substandard and non-conforming lot because:
1. The action would make a non-conforming lot with constraints less non-conforming in the AC Zoning District
by increasing the current lot size from 0.43 to 1.42 acres.
2. The encroachments of the existing, lot line boundary into the house and two barns would be rectified.
3. No new lot density is being created.
4. The lots are not encumbered by unbuildable lands.
PROPER, "LY I _C EA
The subject parcels are SC TM numbers 1000-55-2-10.3 (Parcel 10.3,known
"'LSS/r)r--q., I fPTIQ,—N, .-after t lot lire change) aild -,5- knownas Parcel 2 after too: line ctiatige)
as Parcel l
aft l 2-11� 1 1�I��
both ��onting County Road � . Pa. Bel 103 ,i . re lot i t ur- tends parcel l 1.l on,three siC e . Both are
in the Agri cultural,-Con serva�t���il'onn (A.-C) Zo in r� District.t. Parcel 1 1.l i�s�� �� n�� on rin*ng l 8,966,�� l s 1oare foot �.�a
acre" lot with 1.48 feet fronting,County Road 48. Parcel 11��.1 b s boundarywith �.Pa-c�el-10.3 runnilig �173�.8 feet
alon the °,ortherl side of Parcel 1, 1�. ��� �� y along 'the
g
y 127 feet aloe the west ��l ode o�Parcel 1 I.1 and 115 l� �e
southerly side of Parcel 1.1.1 Parcel 10.3 surrounds t1l���e three sideso�I�Parcel 1 l 1.1 and has 327,55 �fcet ��roo��ti� � �
w g� l ty
�
Road 48 north of Parcel 1.1.1,a northern boundary of 714.9 Feet adjacent t to the parc'e 1 to tlie,north,,a.western, �'ound-ary,
of 318.28 fee
t and a southern boundaryof 5C 2.94 feet back. �o �nty�� Rod 48, �5 feet froi ting,Cout�t.y��'Road 4 � too
g g , 1 feet rui g � g
the southern side of Parcel 11,3, 115.1 feet Tannin along e sot:�ther����r� side ��f Parcel 11�.1� l�27 feet � �r������ err
tern side of Parcel 11.1 and 173.88 feet aloe the ti rther�n, side of Parcel 1 ,1 back to, C it ty, Road 48,1 all
the eves � g
as shown on a survey prepared by John T. Metzger, L.S., Peconic Surveyors, P.C., last revised January 7, 2023.
Pace 21 June 181 2025
#8016, Perry/Koslosky
SCTM No. 1000-55-2-10.3 & I I-I
As shown o,n the Metzger survey, Parcel 103 wo is,improved with t accessory arras and Parcel 11.1 is improved with
a two-slory, frame house and a one-story [*rarne gars . The survey also shows that a deer fence surrounds ng, Parcel
11.1 encroaches into Parcel 10.3 on the north, west, and south sides of Parcel I I-I-
A site ptan appr'loved by, the Southold 'Fown Planning Board on December 18, 2023 shows that Parcel 10.3 was
lanned, to, be fii-ill"i,er "improved witha new barn, artd four,hoop structures ai,W includes an a,bove-group
'I which, does not appear on the survey. Site ins pection confi,med di at the new barn and lioop structures we,re,
ploo, 11
subsequently built.
Section 280-14- Article III, Section 280-15-,
BASIS OFAPPLICA T ION: Request for Variances from Article III,
and the Building Inspecto' r's March 4, 2025 Notice of Disapproval based on an application for a permit for a lot line
hange, at,- 1,) proposed parcel No. 2 havi I ng less,than tie permitted lot area of 80,000 sq. ft.; 2),proposed parcel No.
2having less t'han the plen-nittedlot clepth of 2501iticar feet-,3)accessory barn#I less than the code required,in init'num
side yard setback,of 20 f6et; 4) accessory bam ,#,2 located in area other than the code required rear ya rd", located at:
4,8125 aid 48455 COLInty Road 48, Southold,,,NY, SC FM No. 1000-55-2-10.3 and 1000-55-2-11 1.
RELIEF" REQUESTED: The applicant requests a variance for a proposed transfer of approximately 0.99 acres,from
Parcel 10,3 (proposed, Parcel No. 1) to Parcel 11.1 (proposed Parcel, No. 2) that will change, the lot lines of the
respective parcels:I Parcel No. 2, formed by the addition of 0.99 acres from Parcel 10.3 to Parcel 11.1, will have anon-
conforming lot area of 62,096.1 square feet where 80,000 square feet are required,
2, Parcel No. 2 will have lot depth of 167.4 feet, where a lot deptli, of 250 linear'feet is requit-ed;
3. Accessory 'barn#2 will be located in the side yard of Parcel, No., 2 where a,rear'Y
,hard location is required;
4. Accessory barn #1 will have a side yard setback of 3.1 feet where 20 feet are required.
ADDITIONAL INFORMATION: The application inclUded a, copy Of a, Grant of'Development Rights Easement,,
dated Novemb�er '12,, 2014, conveying a Development Rights Easement on Parciel, 1,0.4, a 20.5 acre unsubdi'vided
parcel to the west and south of Parcel 10.3, from Moffat Farm Notlh, 1,,LC, to t1le Town of'Sot tthold.
The applicatlion included a copy of a Declaration, of Covenants acid RestT,Ictlons, dated Neve rnber 1,2, 20 1,4, noting
1000-55-2-1 o.3)
SCTM No. 1000-5 5-2-10.1 has a portion des'lgriated a"Reserved, Area"(now known as SCII"M''Nol.
and a portion designated a"Development Rights Easement Area"' (now known as SCT'M 'No. 100055-2-10.4) an,d
prohibitingaccess t�o the Easement Area,and to the Re�served Areafrorn'the frontage on County'Road 4 8 that is,so tali
of Parcel 1000-55-2-11.1. The Covenants and Restrictions also specify that the Reserved Area (10.3"' iiiay be
subdivided from the Easement Area(10.4), and that no further SUbdivision, ofthe Reserved Area is permitted except
to add approximately I acre of it to SCTM No. 1000-55-2-11.1, an existing separate lot with an existing residential
dwelling.
The app lication included a deed dated March 27,2015 representing the sale of SCTM No. 1000-55-2-11.1 by .MariaCo
Craig Moffat to Tina J. Koslosky.
The app lication included a deed dated May 3, 2023 representing the sale of SCTM No. 1000-55-2-10.3 by Moffat
Farm North, LLCI, to Flowers & Flores Fan-n, L.L.C.
The application iriel,uded, a copy' Of Building Permit No. 50163 dated December 27, 2023 to construct an
unconditioned agricultural storage building on Parce] 1,0.3.
11-it ap plication included a cop y of Certificate of Occupancy No. 43)190 date June 22, 2022 pursuant to Building
Permit No. 47875 for 201 atilip underground electrical service for farm for Parcel 10.3.
Page 33, June 18,2025
#80 16. Perry/Koslosky
SCTM No. 1000-55-2-10.3 & I I-I
The application, included a copy of Pre-Existing Certificate of Occupancy Z-24143 dated January 30, 1996 for a one
family dwel ht,i,g wi�[Ii accessory two-car garage at 48125 County Road 48 (Parcel I I-I).
The application included a copy of Certificate of Occupancy No. -4093 dated December 21, 1970, pursuant to
Build,ing Permit No. 5106 to build an addition to an exiisting accessory garage at 48,125 County Road 48 (Parcel
11.1 .
One letter of support for the lot line changes vas received from the neighbor across County Route 48, During the
hearing, the neig hbor to the north expressed his strong support for the lot line changes. The Board received no
expressions of opposition to the proposed lot line changes.
1"INDINGS OFFAGT/ REASONS FOR, BOARD ACTION't
The Zoning Board of Appeals held a public hearing on this ap plication on, June 5,2025 at which time wri°uen and
oral evidence were presented. used upon all testimony, docunientation, personal inspection of the property,and
surrounding neig hborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant
and makes the following findings:
i. "rown Law, 67-b(S)(b)"I'll a,, ,, Grant of the variances will not produce an undesirable change tri the cliaracter,of
I t side o"f County, Road 48
the neighborhood or a detriment to nearby properties. Both parcels are lca oted oil h,e ,%vesst e " to
in a primarily agricultural area. The transfer of 0.99 acres ftotn one parcel, to the other will not be pere ptibic
either neighboring properties or to passers-by. No new structures are proposed to be built on eltiler parcel. "I'wo
neighbors expressed support for the lot line change.
The benefit sought by the applicatits oftran&f6rrIn,g 0.99 acres 1'rorn ont parcel, to
2, Town Law ,4§2 �,2:�,b 13)( lie lot
'the,other cannot be achieved by sorrte rnelhod t'easl',ble f6r the,applicant to pursue,,,other,tli,an,a cliai�i,,ge to t
Tli e 2 0_14, D,eclarat'ion of Covetiznts and Restrio,,,,ions is,sued,at the, time of the sale of developtrient rights, for SUVil
No. 1000-55-2-10.4 specifically allows for the future transfer of approximately I acre from the Reserved Area
(SCTM No. 1000-55-2-10.3)to SCTM No. 1000-55-11 1.
3. To Law §267-bW3 K�)J,31). The variances granted herein are mathematically substantial:
- Z NO W ow
1. Parcel 2's area will be 22.4% less than the code-required 80,000 square feet,
2. Parcel 2's lot depth will be 33% less than the code-required 250 feet,
3. Burn 2 in the side yard represents 100% relief from the code, and
4. The 3.1-foot side yard setback for Barn I represents 84.5% relief from the code-required 20 feet.
Howeverl the proposed lot line change reduces Parcel 2's nonconformances for area and lot depth, since prior to the
lot line chang e the area of Parcel 2 (11.1) was 76.3% less than the code'l-requ I ired 80,000 sq,tiare feet and its lot depth
was 54% less than the code required 250 feet. The 100% rel ief or Bar�i 2 in tie side yard and the 84.5% relief from
the required 20-foot side yard setback for Bat,-n, I are not practically substantial since both barns have been in existence
for decades in their current locatiloti,s and are being altered in no way; only the lot line is moving.
0
4. Townl,.aw §267-U, No evidence has been submitted to suggest these vai*tances in this agricultural area,
will have an adverse impact on the physical or environmental conditlons in the ne"igliborhood. No physical changes,
are taking place as a result of granting these variances.
5. Town, Law §267-b(3)(b)(5),., The difficulty has been self-created. The Flowers & Flores applicant purchased
Parcels 10.3 rd 10.,4, in 2023, knowing that there �was potentla] to transfer app roximately I acre, trorn, Parcel 1,0.3 to
Parcel 11.17 atild the applicant o,wner of Parcel III had, the same knowledge at the ti'm se
e of her pLircha of Parcel
11.1 in 2015. "1"T he'sales of Parcel 10.4s development rialits,,; 'In 20141" the, sale of Parcel, 111"-I in 2.015,and the sale of"
I MI
Paort:)e 4, June 181 2025
#8016, Perry/ Koslosky
SCTM No. 1000-55-2-10-3 & I I A
Parcels 10.3 and 10.4 In 2023 occurred after the Zoning Code was in effect and it is presumed that the applicants had
actual or constructive knowledge of the limitations on the use of the parcels under the Zoning Code in effect prior to
or at the time of purchase.
6. Town 1,4aw.1 1267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicants to en oy the benefit of the transfer of 0.99 acres from Parcel 10.3 to Parcel 11.1, and associated lot line
i
changes, while preservingaind protecting the character of the neighborhood and the health,, safety and welfare of the
community.
'RESDU JUON OF`171 11E BOARD- In considering all of the above factors and applying the balancing test under New
York Town Law 267-BI, motion was offered by Member Steinbugler, seconded by Member and duly carried, to
GRANT the variances as applied for and shown on the survey prepared by John T. Metzger, L.S., Peconic
Surveyors, P.C., last revised January 7, 2023.
SUBJECT TO,THE FOLLOWING CONDIT1ONS,:
....................................... ions associated ith the sale
1W
1. As stipulated 'in,the Novernber! 12,2014, Declaration of Covenants,and Restrict
of development rights to the Town, the vehicular access to Parcels 10.3 and 10.4 shall be exclusively from
the portion of County Route 48 north of Parcel I I-I
2. The ap plicant must receive approval for the Lot Line Modification from the Southold Town Planning
Board.
This approval shall not be deemed effective until the required conditions have been met.At the discretion o the
�f
Board ofAppeals,failure to comply with the above conditions may render this decision null and void
The Board,ruse rves the rit lit to substitute a,.,v1111"11i1ar,de.,v&n that kv de int'nit nis tn Mature',L6r,an alter ton that does
in ongj?earl
1101 tnc,reaseflie de ree,OLIlon,cm Lori iitE,Xrovided'de tin* u ested with the date
Lelie 1-IS .................................
liaion
this tlee,iist'00. Anil Ler o,nLlLe Board gLaLrequtre a new a
,.time,a ar h
th,e
1,,M,,P'O,R,T,ANT 1,11",M]TS,ON THE AP PRO VAL(�JG RANUE WHEREIN
Please Read, Car
Any deviation roan the survey, site plan and/or architectural drawings cited in this decision, or work exceeding
the scope of the relief granted herein, will result in delays and/or a possible denial by the Buildi n g Department
of a b uilding permit and/or the issuance of a Stop Work Order, and may require a new application and public
hearing before the Zoning Board of Appeals.
An deviation ftom the variances)granted herein as shown on the architectural drawings,site plan and/or survey
"ted above, such as alterations, eVensiOns, &inolitions or demolitions,emceedingz the scope of lite refiefgranted
c
her , are not authorised antler`this, application vhe° involw`ng no"'ClOnformfties under the,zon,1119 code. T1't11*S
action does not authorize or condone any current or future use,,setback or other feature of the subject property
that may violate the Zoning Code, other than such uses,setbacks and other features as are expressly addressed in
this action.
TIMI E 1.41MITS,ON THIS A-PPROVAL,:� Pursuant to Chapter 280-146(B) of the Code of the Town of
WM~W; �WNWW"' M...........
Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of
Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County
Clerk,within three (3) years from the date such variance was granted. The Board of Appeals may, upon
written request prior to the date of expiration,grant an extension not to exceed three (3) consecutive one (1)
year terms. 171' IS THE PRO�PERTY'O'WNE,'RI�,S, ,R,,F..SPON:Sl�B�l,�Ll'r'Y TOENSWIRF,COMPI-AIIANNCE4, WITH
ON
Page 5,June 18,2025
#80161, Perry/Koslosky
SCTM No. 1000-55-2-10.3 & 11.1
THE CODE RE UIRr D TtMEFRAM.E D'ESCRI"BED HEREIN. Failure to comply in a timely manner
may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved
10
variance relief, and require a new variance application with public hearing before the Board of Appeals.
Vote of the Board: Ayes: M embers Weisman (Chairperson), Planamento, Lehnert and teinbugler. (4-0) (Member
Acampora Absent)
Coll
1-.eslie Kanes Weisman, Chairperson
Approved for filing bl 025
Michaelis, Jessica
From:Terry, Mark
Sent:Thursday, April 17, 2025 1:39 PM
To:'kevin@northforkflowerfarm.com'
Cc:Lanza, Heather; Michaelis, Jessica
Subject:Resubdivision for 1000-55.-2-10.3 and 11.1.
Kevin,
I am in the process of reviewing your submitted materials for the resubdivision for 1000-55.-2-10.3
and 11.1.
The map needs correction before we proceed. The before and after lot configurations need to be
shown on the map.
I have provided a link explaining what the Planning Board requires. The Example Resubdivision Map
is what you are looking for.
https://www.southoldtownny.gov/387/Planning
Best,
Mark Terry, AICP
Assistant Town Planning Director
Local Waterfront Revitalization Coordinator
Southold Town Hall Annex
54375 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
(631) -765-1938
1
,-5-b-p
P13 1 14L PIT-
% I I ' t
Submission Without a Cover Letter
V
APR 0 8 2025
3 r
SOUTHOLD TOWN
Name: LAINING BOARD
-6S
Project'ritte: Ko�low3l,/V, � � Ores
SCTM#: 1000 - 0 0
Date:
Details of Submission:
E�Ae
Flowers and Flores Farm,LLC
440 Haywaters Road,
Cutchogue,NY 11935
March 25,2025
Planning Board Application for a Lot line Modification; Table of Contents
RE: 48125 and 48455 CR Middle Road
Lots: 1000.55.2 lots 11.1 and 10.3-10.4
J 1. CC of Letter to ZBA dated March 14, 2025
/2. Site Photos with corners staked APR 0 4 2025
SOUTHOLD TOWN
KANWNG
3, Re- Subdivision Application
✓ 4. Authorization Letters: Pending
J S. Copy of Property Deeds
6. Certificates of Occupancy and open building permits
7. Easements Covenants and Restrictions '0*P. fut
-/8. Proof that the parcels meet the lot Recognition Standard: Pending --deef�S
9. Shorth Environmental Assessment Form
10. Application Fee
11. Survey W.JItr-
15-170 dated January 7, 2023
14-070 dated Sept 2022
12. Draft Deeds: Pending
Owners
Lot 10.3-10.4
Kevin Perry
Flowers and Flores Farm, LLC
440 Haywaters Road,
Cutchogue, NY 11935
631.323.6690
Kevin(anorthforkflowerf arm.com
Lot 11.1
Tina Koslowsky
48125 Middle Road
Southold, NY 11971
Flowers and Flores Farm, LLC
440 Haywaters Road,
Cutchogue, NY 11935
March 14, 2025
RE: 48125 and 48455 CR Middle Road
Lot line change
1000.55.2 lots 11.1 and 10.3-10.4
To: Southold Zoning Board of Appeals
Cc: Planning
Department of Buildings
The application proposes to adjust the lot lines between lot 11.1 and lot 10.3-10.4
moving .99 acre to lot 11.1. No new lots are created.
.. i'
-. re to he
,• moved from 10.3
Lot 10.3 to I I.I
eve8qv"ient rights B vurs 1
r
reserved r
Lot I I.I
Mouse Lot
Lot 10.4
Develorment rights
sold
Background:
1. Lots 11.1 and 10.3-10.4 were previously owned by a single family who actively
farmed the land. All lots are in an AC district.
2--L-ot 11.1 was-enlarged-by deed-in-2005,-without County Department-of-Health
approval, transferring 1/4 acre from what would become lot 10.3 to the residential
lot.. It is now a .43 acre (18730 square foot)lot containing a single-family house
Page 1 of 3
and separate garage owned by the resident Tina Koslowski. Upon approval of this
application lot 11.1 will receive .99 acre and be a 1.42 Acre lot (61,855 square feet).
3. Lot 10.3-10.4 is a single unsubdivided lot of 25.52 acre. Lot portion 10.3 of 5.0
acres has its Development Rights Intact with an easement; it will become 4.01
acre (174675 square feet)with the approval of this application. Lot portion 10.4 is
20.52 acre and has a Development Rights Easement restricting its use to
agriculture. In 2022 Flowers & Flores LLC purchased this lot from Tina Koslowski.
It is actively farmed by an affiliate, North Fork Flower Farm, and other tenants.
Lot 10.3-10.4 contains 2 historic barns on the .99 acre that will be transferred to
Ms. Koslowski and become part of her lot 11.1.
Restrictions and Easements:
4. The use of Lot portion 10.4 is limited by a"Grant of Development Rights
Easement".
5. Lot portion 10.3 has a "Declaration of Covenants and Restrictions" placed "in
consideration" of the "Grant of Development Rights" easement. It allows, among
other provisions, the following:
a. Approximately 1 acre of land maybe transferred from lot portion 10.3 to
the residential parcel 11.1 as is proposed in this application,
b. The entry road to the lot 10.3-10.4 must be North of lot 11.1.
Excerpts from the declaration are attached to this memo.
6. The current access road to the farm, North of the house lot, is very constrained by
the topography, vegetation and drainage at the entry.
If you have any questions, please call or email.
Kevin Perry, General Member Flowers&Flores Farm, LLC
631.323.6690
kevin(ano rthforkflowerfarm.com
Page 2 of 3
Excerpts from the "Declarations of Covenants and Restrictions"placed on lot portion
10.3 dated October 30, 2014.
From page 1:
WHEREAS, the DECLARANT has granted to Town of Southold a
Development Rights Easement dated r A, 2014 for a part of SUM
#1000-55-2-10.1; and
WHEREAS, for and in consideration of the acceptance of the Grant of
Development Rights Easement, the Town Board of the Town of Southold (the 'Town
Board") has deemed it in the best interests of the Town of Southold (the "Town") and
the owner and prospective owners of the Property that the within covenants and
restrictions be imposed on the Easement Area and the Reserved Area, and as a
condition of the acceptance of the Grant of Development Rights Easement, the
Town Board has required that the within Declaration be recorded in the Suffolk
County Clerk's Office; and
WHEREAS, the DECLARANT has considered the foregoing and has
determined that this declaration of covenants and restrictions will be in the interests
of the DECLARANT and subsequent owners of the Property;
From page 2:
2. Subject to approval by the Land Preservation Committee and
the Planning Board of the Town of Southold, and as otherwise
required by applicable law, the Reserved Area may be subdivided
from the Easement Area. No further subdivision of the Reserved Area
is permitted except to add approximately 1 acre of it to the lot
designated as SUM #1000-55-2-11.1, an existing separate lot with
an existing residential dwelling.
Page 3 of 3
r QI �1
� sOUTHOLD TOWN
PLANMN BOARD
SOUTHOLD PLANNING DEPARTMENT
Vie-subdivision (Lot Line Modification)
Application Form
APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for the
proposed RE-SUBDIVISION described herein:
1. Original Subdivision Name
2. Suffolk County Tax Map # (include all tax map parcels involved)
3. Hamlet � ... _�. ?a__...m.�.... .. ..... w_
4. Street Location —4-41W.�f r— fJ
5. Acreage of Site
6. Zoning District se
7. Date of Submission ....... ��
S. Please provide the names, addresses and phone numbers for the following
people:
Applicant:
Re-Stibciii,isiore.lpplicalion Form
8. (continued) Please provide the names, addresses and phone numbers for the
following Peo le•
P
Agent: _� . _ .......__......_..w_
Progeny Oivner(s):_..__ _.. ._......�....,�.._
Surveyor:
Engineer: µ
g .._....
.........
Attorney:
9. Briefly describe the proposed lot line change and state reason(s) for requesting same.
� ........ �....�...�� '0 .._. ? _ �._ .�. �.............
___wwww f. � ......................_ .. ._. _..wwww�w.._.... ......_...._ ......
2
Re-Siibdivisioi7,4pplicntior7 Form
10. DOES THE PROPOSED MODIFICATION
(a) Affect the street layout in the original subdivision? 144>
(b) Affect any area reserved For public use? tO
(c) Diminish the size of any lot?
(d) Create an additional building lot?
(e) Create a nonconforming lot? _fk--5—
(f) Require a variance from the Zoning Board of Appeals?
(g) Impact the future planning of the subject properties?
11. Does the parcel(s) meet the Lot Recognition standard in Town Code §280-9 Lot
Recognition? Yes No-,.X . If"yes", explain how: K(
............. ..............
12. Does this application meet the standard in
lines to waive the subdivision process? If so, please provide the name and date of the
original subdivision. .............
13. Application completed by 14 owner K agent other
Upon submitting a completed application,the Planning Board will review the
proposal and determine if the project is eligible for a waiver of subdivision review
pursuant to Town Code § 240-57. Waiver, adiustment ()f 1woVerty lines. If the
application meets the criteria for a waiver, the modification may be authorized by
the Planning Board by resolution and no further review will be required.
If the proposed lot line modification will create substandard lot sizes, lot widths or
make existing structures nonconforming with respect to setbacks, the applicant will
not be able to receive Planning Board approval without first obtaining relief from
the Zoning Board of Appeal,,,
Signature of Preparer Date
Re-Stibciii,isic)i7,,Ipplicc7tioi7 Form
Southold Planning Department
Applicant
Transactional Disclosure Form
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers
and employees. The purpose of this form is to provide information which can alert the town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
Your Name: 1+_-K0Z kf� j
Last, First�le initial
unless you are applying in the name ofsomeone else or other entity, such as a company. Ifso,
indicate the other person's or company's name.
Nature of Application: (Check all that apply)
Subdivision or Re-subdivision NSite Plan
Other(Please name other activity)
Do you personally(or through your company,spouse,sibling, parent or child)have a relationship with any officer or
employee of the Town of Southold? `Relationship includes by blood, marriage or business interest. `Business
interest"means a business, including a partnership, in which the town officer or employee has even a partial
ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the
shares.
Yes No
If you answered"Yes"complete the balance of this form and date and sign where indicated.
Name,of the person employed by the Town of Southold
Title or position of that person............. "
Describe the relationship between yourself(the applicant)and the town officer or employee. Either check the
appropriate line A through D and/or describe in the space provided.
The town officer or employee or his or her souse,sibling, parent or child is(check all that apply):
A.the owner of greater than 5%of the shares of the corporate stock of the applicant(when the
applicant is a corporation);
B.the legal or beneficial owner of any interest in a noncorporate entity(when the applicant is not
a corporation);
C.an officer,director,partner or employee of the applicant;or
D.the actual applicant
Description of Relationship:
Submitted this day 04440 105
Signature_
Print Na4ie +
Disclosure Form
Southold Planning Department
Applicant
Transactional Disclosure Form
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers
and employees. The purpose of this form is to provide information which can alert the town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
Your Name: _ .
Last,First,midd e initial
unless you are applying in the name of someone else or other entity, such as a company. !f so,
indicate the other person's or company's name.
Nature of Application: (Check all that apply)
Subdivision or Re-subdivision Site Plan
Other(Please name other activity)
Do you personally(or through your company,spouse,sibling,parent or child)have a relationship with any officer or
employee of the Town of Southold? "Relationship includes by blood,marriage or business interest. `Business
interest"means a business, including a partnership,in which the town officer or employee has even a partial
ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the
shares.
Yes..._.........No..
If you answered"Yes"complete the balance of this form and date and sign where indicated.
Name of the person employed by the Town of Southold „w w w w w w w w _w..........
Title or position of that personµ rt ..........._,_
Describe the relationship between yourself(the applicant)and the town officer or employee. Either check the
appropriate line A through D and/or describe in the space provided.
The town officer or employee or his or her souse,sibling,parent or child is(check all that apply):
A.the owner of greater than 5%of the shares of the corporate stock of the applicant(when the
applicant is a corporation);
B.the legal or beneficial owner of any interest in a noncorporate entity(when the applicant is not
a corporation);
.......................
C.an officer,director,partner or employee of the applicant;or
D.the actual applicant
Description of Relationship:
Submitted this �� day of A d 0 z_
Signature -.....
Print Name
Disclosure Form
Tina Koslo sky
48125 Middle Road
Southold, NY 11935
March 15, 2025
To: Southold Town Planning Board
RE- 48125 and 48455 CR Middle Road
Lot line change: 1000.55.2 lots 11.1 and 10.3-10.4
I, Tina Koslosky, owner of the property identified as SCTM 1000-50-2-11.1 at 48125 Middle
Road in Southold hereby authorize Kevin Perry of Flowers & Flores Farm, LLC to act as my
agent and handle all necessary work involved in the subdivision/site plan process with the
Southold Town Planning Board.
fv
Signature
y
Sworn before me this day of 2025
Notary Stamp
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. *Except minor exempt actions inchiding Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
1 Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A p o . 1j9p wij b v ltg� . 1 1iggt
. _ i �
beneficial and adverse effects uuljg_rtthe coastal I�gg.(Vl�i01._inq(lades all ol oertfIold TT,cI)yc3
3, If any question in Section C on this form is answered "yes" or "no", then the proposed action will
affect the achievement of the LWRP policy standards and conditions contained in the consistency
review law. 'Thus each,, answer must be ewlained in detail listing both supporting and non-
supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and
conditions, it hall nc t„belindertak n.
A copy of the LWRP is available in the following places: online at the Town of Southold's website
(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local
libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SC'TM# loc•c► _ - '� _ IC.( n,�+la ta•�- ]ru.
PROJECT NAME l
The Application has been submitted to (check appropriate response):
Town Board ❑ Planning Board❑ Building Dept. Board of Trustees El
E Category of Town of Southold agency action(check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction) El
(b) Financial assistance(e.g. grant, loan, subsidy)
(c) Permit, approval, license, certification:
Nature and extent of action:
Location of action..... _.. � ._.. _. . ... w_ _...... .. _......._.._. ..
2.� r7 _..,,,.... _..._......_...._ ... .._......._.
Site acreage,......._—. ....._.. .. .. .... . ... .... . .......... ....... .....� ... .........
Present land
Present zoningclassification:_...._ .... _ �........... �, __..... .._ _. ._ .. ....., ..
2. If an application for the proposed action has been filed with the Town of Southold agency, the following
information shall be provided:
(a) Name of applicant:
❑ g
Matlin address:.�.............�_.... .....�._.................._....�...._._._......_......�.,.,�.�._......�.�..........�......—_._.....�..............�._..�...................,..
(c) Telephone number: Area Code( )_...._.._...... _._,_ ,.. ,_........._....__. .�........ ............ .... .._� ....
(d) Application number, if any
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes 1:1 No If yes, which state or federal agent
C. Evaluate the project to the following policies by analyzing how the project will further support or not
support the policies. Provide all proposed Best Management Practices that will further each policy.
Incomplete answers will require that the form be returned for completion.
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See LWRP Section III— Policies; Page 2 for evaluation
criteria.
Dyes D. No Not Applicable
Atta ch additional sh_ww if nec�.—necessary—scary ...,....... ........... �._._._..._.,.._..... w ... �_.�._.__._._.........,.� �. _........w.... �_... ... _.
eets..
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP
Section III—Policies Pages 3 through G for evaluation criteria
Yes ❑ No 9 Not Applicable
Attach additional sheets if necessary .�..—..__...w_.._,.�„� � �..,..._�w......_..w_,w.�
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III—Policies Pages 6 through 7 for evaluation criteria
D Yes1:1 No 10 Not Applicable
ww�.�.—,additio�.�.,._..........,_,.—.___.�..�,...,. ,,,��.,w�w_„_. .. ...,._, ,,,...__......�,....m.��...... _....____...—........_�..,.w....�....—,......_.�—,..._.......ww
Attach nal sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section III—Policies Pages 8 through 16 for evaluation criteria
E Yes 1:1No Not Applicable
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section M
—Policies Pages 16 through 21 for evaluation criteria
LJ Yes E No Not Applicable
—.................adch,—,.,`I..s-heets if ne,..m.ss ,.-—,...._....�....�._.......ww
Attach tion� sl cessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22
through 32 for evaluation criteria.
Yes No Not Applicable
_..._......wadditionale-w._....iif_.. .nece s-sa ry ..—�..._....—..._.._............ ..........—.._.................�.�.w........ —_..._.........
.. .�... ..—.�.�.�_��........_
Attach l..sheets
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies
Pages 32 through 34 for evaluation criteria.
❑ Yes ❑ No R Not Applicable
ch additional sheets if
1...._ . .. �..ww...._�.._. ........�...�.�...�._.��...�.�...�..—...,.�.., .._�.�,,.�_...._.._.�......_.,
�tt necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria.
Yes ❑ No Not Applicable
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III— Policies; Pages 38 through 46 for evaluation
criteria.
it
1�.l Yes El No R1 Not Applicable
A .w.__... _ _ '. . .... ._.,.w._._w_.._.,ry.. .... .. ..µ_...w.ww __ ..._.._._. ......... _.� _... ...�......
..�.�..�,....
........
.....
........
__..........
..
ttach additional sheets if necessa
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria.
Yes No Not Applicable
Attach additional shects ...._._.._...... ........_.
if necessary . _..� _._......_�..�..M.. �..,._��...a...._�. ..._.. ._.......... _......_...�.. . ......-..........._
Policy 11. Promote sustainable use of living marine resources in Long island Sound, the Peconic Estuary
and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria.
Yes ❑ No R Not Applicable
,
..a....d_._..._ditiona_......shee._.ts if__._accessa_....s....__.......__........_— __�.... � ......._....�..............
...._....... ......_.........
_......�. - ..__...-_._........._..._.... _...._.... �_._.....w ...
Att ach l ry
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III— Policies; Pages 62
through 65 for evaluation criteria.
E ] Yes [A No❑ Not Applicable
Attach additio..nal.._....—..._.._sheets ww_._.if..._necessary.__......_. ._—. ......._.....,.._.................
._.........._
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III—Policies; Pages 65 through 68 for evaluation criteria.
Yes No k Not Applicable
PREPARED BY TITLES
Amended on 811105
!PqLqL-j M T
. [2 Eny Q
617.20
Appendix B APR 0 8 2025
Short Environmental Assessment Form SOUTHOLD TOWN
PLAWONG BOARD
Instructions for Comnletin-9
["art I -Project Information. Thee applicant or project sponsor is responsible for the completion of Part 1. Responses
become part of the application for approval or funding,are,sutliect to public review,and may be subject to further verification.
Complete Pail I based on information currently available. If additional research or investigation would be needed to fully
respond to any item,please answer as thoroughly as possible based on current information.
Complete all items in Part I. You may also provide any additional information which you believe will be needed by or useful
to the lead agency;attach additional pages as necessary to supplement any item.
Part I -Project and Sponsor Information
Name of Action or Project:
Project Location(describe,and attach a location map):
Ae,t d 1�5 AM 15' 4 �-�t L�7t,-n-E-, k,,-05477 t�crrtkw)Llo
BriefDescription". '...Of Proposed Action: ........
Name of Applicant or Sponsor: Telephone:
E-Mail:
�"Q 42- 144,
Xdd'r e'as':'
i4Att
City/PO: ate: Code:
St Zip
1.Does the proposed action only involve the legislative adoption of a plan,local law,State:
ce, NO YES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ><
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES
If Yes,list agency(s)name and permit or approval:
3.a.Total acreage of the site of the proposed action? acres
b.Total acreage to be physically disturbed? acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? __.__._,,___acres
4. Check all land uses that occur on,adjoining and near the proposed action.
E:1 Urban 0 Rural(non-agriculture) 0 Industrial 0 Commercial XResidential(suburban)
C1 Forest X Agriculture 0 Aquatic 0 Other(specify):
Ei Parkland
Page 1 of 4
5. Is the proposed action, NO YES N/A
..........
a.A permitted use under the zoning regulations?
b-Consistent with the adopted comprehensive plan?
6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES
landscape? >e,
_7.—Is the site—of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes,identify: .....................
............. ................1-.— .---,---,—,-- .-,.--.. ................
8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES
X
b.Are public transportation service(s)available at or near the site of the proposed action?
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X
9. s�the pr�o_p-osedactionmeet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies:
...........
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water:
.......................... .................... ...............
...............
1.Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment:
...............1111-1-........
_12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places? X,
b. Is the proposed action located in an archeological sensitive area?
X
13. a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal,state or local agency?
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody?
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: X
..............____.....__.___................ .................
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
11 Shoreline 11 Forest W Agricultural/grass]ands 0 Early mid-successional
,
E3 Wetland 0 Urban (Suburban
15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES
by the State or Federal government as threatened or endangered? X
16.Is the project site located in the 100 year flood plain? NO YES
17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes,
a.Will storm water discharges flow to adjacent properties? XNO 11 YES X
b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)?
If Yes, briefly describe: 0 NO 0 YES
............ ......
.................
Page 2 of 4
18.Does the proposed action include construction or other activities that result in the impoundment of q NO YwES,,,,,
water or other liquids(e.g.retention pond,waste lagoon,dam)?
If Yes,explain purpose and size:_. __... _ ....._W_....... _w._.._ ......_w...w.............
19.Has the site of the proposed ro action or an adjoining
p property e been the location of an active or closed NO .._........_�..
.. w .. p p YES
solid waste management facility?
IfYes,describe: _..._..._w. _._w._._.._.._ _.._......._.._ .._ ww._..._..... ...............
20.Has the site of the an ad o r osed action or adjoining�p � �oining property been the subject of remediation(ongoing or NO YES
completed)for hazardous waste?
If Yes,describe:_. ......
I AFFIRM THA THE INFORMATION PROVIDED ABOVE~ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponso ame: Dater ,
Signature: _.....w......._.._. .ww ._._ .._........._.w..ww ww
Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following
questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or
otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my
responses been reasonable considering the scale and context of the proposed action?"
No,or Moderate
small to large
impact impact
may may
occur occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning
regulations?
2. Will the proposed action result in a change in the use or intensity of use of land?
3. Will the proposed action impair the character or quality of the existing community?
4._ Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area(CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit,biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate X
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing: X
a.public/private water supplies? --
b.public/private wastewater treatment utilities? }`
8. Will the o historic archaeolog
ical,
proposed act o important t p p ion impair the character or quality f imp rtan , g ed(
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands,
waterbodies,groundwater,air quality,flora and fauna)?
Page 3 of 4
.�.._...-_.._.......-._...w.._..._.... ,....�.._....-..._....,�..�....v.m.m__..�.......__.�........_....._�.._..._..-........._„�......_._......._......-..._._._,._...... . No,or..__..Moderate
_..
small to large
impact impact
may may
occur occur
10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage
problems?
11. Will the proposed action create a hazard to environmental resources or human health?
Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every
question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular
element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3.
Part 3 should,in sufficient detail,identify the impact, including any measures or design elements that have been included by
the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact
may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring,
duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-tern and
cumulative impacts.
0 Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
_. _�._. .. .._............. ._w�.... ...__ . ...__ ..... __ _ .... .._ __. _. �........._..
Name of Lead Agency Date
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer)
Page 4 of 4
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEED Recorded: 5/3/2023
Number of Pages: 4 At: 10:33:52 PM
Receipt Number: 23-0059272 *ELECTRONICALLY RECORDED*
Transfer Tax Number: 22-26579
LIBER: D00013200
PAGE: 175
District: Section: Block: Lot:
1000 055 .00 02.00 010.003
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount $400,000. 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $20.00 NO Handling $20 . 00 NO
COE $5.00 NO NYS SRCHG $15. 00 NO
Notation $0.00 NO Cert.Copies $0. 00 NO
RPT $200.00 NO Mansion Tax $0.00 NO
EA-CTY $5. 00 NO EA-STATE $250.00 NO
TP-584 $5.00 NO Comm.Pres $0. 00 NO
Transfer Tax $0 . 00 NO
Transfer Tax Number: 22-26579 Fees Paid $520. 00
711; 31S_ PAGE IS A PART... 0�«".....T1TE.._.I'�-INSTRUMENT ..........
11 IS NOT A BILI,
Vincent Puleo
County Clerk, Suffolk County
Lti ITV LWL'L
Nurnberof pages 4 5/3/2023 10:33:52 PM
VINCENT PULEO
CLERK OF
Ths dor,.t_xrnerit M# b �;�i� We SUFFOLK COUNTY
record, i"Ipa'-e r-'wove -3`r L D00013200
P 175
P iort rff'u„cP'dhgy 22-26579
Deed f Mortga0e Instrument Deed 1 Mortgage i'ax Stamp Recording J Filing Stamps
f
Nga.l Filing Fee ortgage mt, � u.
�,Basic Tax
Haricfliny _� "'Q _ 2. Additional Tax
. .. . ... .....
TP-584 5.00 Sub Total
Notation 0.00 Spec.!Assif.
or
EA-62 17(County) 5.00 Sub Tolal 50.00 Spec,/Add.
EA•5217(State) 250.00 TOT.MTC.TAX
R.R.T.&A, 200.00 Dual Town Dual County
Held for Appointment
Comm.of Ed. S- 00 `^ Transfer Tax 0.0 0
affidavit Mansion Tax 0.00
Certified Copy 0.00 The property eaveted by this mortgage is
or vAll 6e improved by a one or wo
WS Surcharge �1 , 92 470.00 familydweiling only,
q�ultTotl YES orPtf)
Other �..�..............._... . 520.00 ...,.�.�..
Grand Total If NO,see appropriate tax clause on
page#--,,,—Of this inerument.
4 #list. Section Block twat 5 Community Preservation Fund
Real Property .r s Consi.deratk>n A.mOL13'It$400,000.00
'fax Service n, voA A
Agency 4Mr201.1 CPT(Tax Lhie $ 0.00
Verification
Irnpraved x
t3 s e ns arg . eases r r Hers ng rrs
RECORD&RETURN TO; vacanti.and
I,angdon Title Agency TD 10
463 Seventh Avenue, Suite 701
New York NY 1001E TD
TD
Mail to: Vincent Pulea,Suffolk County Clerk 7 Ti21e Company Information
310 Center Drive, Riverhead, NY 11901 co.Name
wwv auf€olkwuntyny.govlclerh yew l e, r
sement Page
This page forms part of the attached D1IMD made
bY; (SPECIFYTYPE OF INSTRUMENT)
The pmrnises herein is situated in
SVFFOI.K C'0U JTY, PdEW YORK.
TO In tl*TOWN of SOWHOTZ
lnthe VILLAGE
-or HAMI ET of
SOXE56 THRU 8 MU557 BETYQEO OR PRINTED IN SLACK INK ONLY PRiORTo RECORIANO OR FILING.
NY 005-Bargain and Sale Deed with Covenant against Granlor's Acts Individual or Corporation(Single Shce)(NYBTU 8002)
CONSULT YOUR LAWYER BEFORE SIGNING TAUS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
THIS INDENTURE,made the 12th day of April in the year 2022
BETWEEN
Moffat Farm North,LLC,a New York Limited Liability Company with an address at 48125
County Road 48,Southold,NY 11971,
party of the first part,and
Flowers&Flores Farm LLC,a New York Lind ed Liability Company with an address at
party of the second part,
WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the
party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of
the party of the second port forever,
ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in the
Town of Southold,County of Suffolk and State of New York,more particularly bounded and
described in Schedule "A" attached hereto and made a part hereof.
BEING AND INTENDED TO BE part of the same premises conveyed to the party of the first
part by Deed made by Daria Craig Moffat,Trustee of the Maureen H.M.Wolfe Trust,u/t/d
10/1/1997,Sean Carroll Moffat,Brian Howley Moffat and Sean C.Moffat,Trustee of the
Restatement of the Moffat Special Needs Trust u/t/d 7/1/1994,dated 09/23/2013 and recorded
10/30/2013 in Liber 12750 Page 610 in the office of the Clerk of the County of Suffolk.
TOGETHER wi th all right,title and interest,if any,of the party of the first putt of,in and to any streets and roads abutting the
above-described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the
party of the first pail in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the
second part,the heirs or successors and assigns of the party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said
premises have been incumbered in any way whatever,except as aforesaid.
AND the party of the first part,in compliance with-Section 13 of the Lien Law,covenants that the party of the first part will
receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied
first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the
improvement before using any part of the total of the same for any other purpose.
The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires.
IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written.
IN PRESENCE OF:
By:Ti a J. tog c w ...... .. ....,
USEACMVOWI.N)GMFN7'Pf)N,LIREtowwrmiArNEwYoRKSTATEONLy.• USBACUVOWLEDGMENTFORMBELOWWFMIIVNEWYORKSTATEONLY.-
State of New York,County of Pa&S" ),-&: State of New York,County of )ss..
Orl tile/Zd3Y or April in IN,Year 2022 On the day of in the year
before Im',1110 Undc(sigil0d,personally appcored before me,the undersigned,personally appeared
Tina J.Kaslosky jwrl;onally known to the Or ploti,*1 to Inc oil the twMis Or satisfactory personally known to me or proved to me on Ole basis of SatisfktoryI
CYkILIVe,to be Ole individual(s)whose nanx(s)is(ens)subscribed to the evidento to tv the individual(s)whose rauuqs)is(arc)subscribed to tile
within iristrunicrit kuld 4wknomleciged ton that lidshivilley executed within instrument and acknowk:r1god to nit that helshetthey executed
tile Same in In9ftf/their catxltity(jcs), anent OlAt by WwAhch" lb al q4tric in I'd9ftwAllcir capaicity(fes), and that by his/her/their
"T"anne(s)owl oil' a trturtewtt,Ott individual(s),or the person up signallar(s) on the instrument, the individual(s),or die person ullocl
Lair or which,tile nxtiviciold(s)acted,executed the nonrunicru. hettalf of`which the individual(s)acted,eximuted tW nistruntent.
Notary JOYCE
Notary PublIc.,State of New'?ork
R ISINIA 11101,106086112 Notary Public
' Mn Nassau au County
Commission Expires Jan,18,20
ACKNOWISDGMENT FORM FOR UM WITH[jVNEW YoRKSrATE ONLY. ACxvowLRDGuENTFoRmF0R USE OursjPENEw YoRKSTATE ONLY.
[New York Subscribing Witness AcknowledRaloor Certificate) JOutofkate or Foreign General Acimowledgment Certificate/
State of New York,County of )a&: ..................................................)ss.:
(Complete Venue with State,Country,Province orManicipably)
On die day of in the year
before me,the undersigned,personally appeared On the day of in the year
pe
Ilia subscribing wOrms to the forofoing instrument,with whom I aambefore me,the undersigned,personally appeared rsonally acquainted,who,being y me duly sworn,did depox and personally known to tile or proved to tile on die 1"s of sa, tisiactory
say drat holAwithey reside(S)in I OvidCACC,to bit the individlual(s)whose nunict(s)is(am)sub saibed to tlr.
within instrunwent and acknowledgeld to me that halshetthey executed
include the street and street number, the saule in I wisifur Abeir capacity(iils),that by hisdicirl Wi r signatuAls)
it'any,thereof);that helsiWilley Uw(s) on the instrument,ft individual(s),or the parson upon behatfortwiluch
the individual(s)acted,executed"instrument,and draw such individual
to be the individual described in and who executed the foregoing nlade such appearance before the undersigned in the
instrument;that said slibscribing witness was present and saw said
execute the same; and that said witness at the same time subscribed (Insert the ci or other ificalsulkfililoon mid the state or country or
Ws/her/their name(s)as a witness thereto. other placeIl"Ilginenit was taken).
BARGAIN&SALE DEED
Willi COVINANTS AGANSTGRANTOR'S ACT TITLJE No. /-;7 .2.0.2 if re DISTRICT 1000
SFCrTON 055.00
Moffat Farm North,LLC BLOCK 02.00
LOT 010.003
COUWYORTOWN SOUTHOLD
TO
Flower&Flores Farm LLC RECORDED AT REQUEST OF
Fidelity National Tide Insurance Company
RETURN BY MAIL TO
Jew,
Finwxry NATIONALTiTiz Christopher A.Golden,P.C.
INSVRANCF COMPANY 149 Trumbull Road
Manhasset,NY 11030
Mono wont/
....................
LL.
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03
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SCHEDULE A LEGAL DESCRIPTION
Title Number:LTA-202886
Page 1
AMENDED 4/12/2022
ALL that certain plot,piece or parcel of land„situate,lying and being In the Town of
Southold,County of Suffolk and state of New York,and more particularly described on that
certain survey made by Peconic Surveyors,P.C.dated June 17,2017 and last updated
March 9,2022,bounded and described as follows.
A T1 L O. :
BEGINNING at a point on the westerly side of North Road(C.R.27)distant 948.60 feet
southerly from the corner formed by the intersection of the southerly side of Old North Road
and the westerly side of North Road;
RUNNING THENCE along the westerly side of North Road south 19 degrees 36 minutes 50
seconds west a distance of 98.63 feet;
THENCE continuing along the westerly side of North Road and along the arc of a curve to
the right having a radius of 2259.00 feet a distance of 228.92 feet;
THENCE north 88 degrees 57 minutes 00 seconds west a distance of 173.88 feet;
THENCE south 4 degrees 00 minutes 00 seconds west a distance of 127.00 feet;
THENCE south 86 degrees 00 minutes 00 seconds east a distance of 115.10 feet to the
westerly side of North Road;
THENCE again along the westerly side of North Road and along the arc of a curve to the
right having a radius of 2259.00 feet a distance of 45.00 feet;
THENCE north 87 degrees 49 minutes 50 seconds west a distance of 502.94 feet;
THENCE north 20 degrees 10 minutes 10 seconds east a distance of 318.28 feet;and
THENCE north 78 degrees 53 minutes 10 seconds east a distance of 714.90 feet to the
point or place of BEGINNING.
FOR COUNTY USE ONLY
-INS):www.urps,stnte.ny,us
C1_ SMS Code k 2 5 3 2023 Taxation and Finance
(/"-1 Now York D SLate epairtirrient of
C2. Date Deed 11tiocorded
Month Day Year Office of Real Property Tax Services
C3_ —it 11,3,2 101 0 J C4_ Page I 1 71 5 RP- 5217-PDF
I Real Property Transfer Report(8110)
PROPERTY INFORMATION
1.Psovorty 47775 CO)Nl 4 ROA�,) 48
...............
..............................
SOUTH(JLD
I 1".171
an Tow'4
2.Buyer FLOWER & FLORES FARM LLC
Name ------- ....... ........—--------
.........AA..................... ..........
' M"
3,Tax Indicate Wnere future Tax 131)is are to be sent
Billing If other Ilion buyer Rdonis,;atboffoni offoirn)
Address
�JRr�Sl MAO.ttR ZZ.—
A.Indicate the number of Assessment C?Porf-As OR port n Parcel (Only if Part of a Parcel)Chook as they apply:
Rail parcels tronallarrad an the dead _ 4A.Planning Board with SubtflOcinti Authority ExistsEJ
S.Deed X OR 45.SubdMelon Approval Wait R(Kini-d far Transfer
Property Acr' irs
Size El
4C.Parcel Approved for Subdivision with Map Providod
V"ARM NOW.'Ni T-a.,C
15.Seller RAvZffV'Mv;M7' ...............
Name
..........................'V'y PIR91 NAME
"T.Select the dostcrIption whlph most accurately describas the Check the bow"balow or tijy apply;
use Of the property at the time or safe: &awnwnhip Type is ConddMI'llu'vi
Re,,,idential land includiin�a.small 'niprovenient a'Now Construction On a VACatl,k."hd
.......... 10A.Piopetty L-ocated within an Agritultrinli DlaftW
10 D.Buyer rea elve d a d is,,,l"are,notice I ndic a tin if that tho propictly is Ire an
Agricultural Olstr;ct
'TIONJ 'Vo.Ch"It one or more of these conditions as applicableto transfer:
A.Sate Between Relatives or Format,Refativw;
11.Sale Contract Data 02/18/2-022 S.841a botwoon Rotated Cvmpanigs or Partners in Business.
C.One of the Suyars is also a Seiler
12.Delta of Selefy"nsfor U.Buyer or Seiler is Govorrimant Agonry or Lending Institution
V=,Drimil Typo not Warranty or BaWIn and Sets(Specify Bol")
F.Sale of Fructional or Lose than Foa Infairva(Specify Below)
'113.Full Sale Price 10 0,L10 0 ()0 G.Significant Change in Property DLtweori•rawabja sintua and sate votes
H.SRIo of ftaiross is Included in Safe Price
Full Solo Price is the total amount pAld for kho property inciudIng personal property, 1, Other Unusual Factors Affecting Sale Prioe(8penify Below)
'this payment may be in the tam nP cash,other properly a gorxts,ar ittw assumption of
J.None
mortgagor at other obl"ontt,)Plpa."_rofiricl to,the nearest whole doyaramount.
corranern(s)on Condlftrr
14.Indicate the valtra of porsonall
Property Included In the sate 0 .00
ASSESSM11NIT MoRmlvm-� x4"d'ne(—(o00W larder Floor Anviiiiiii t Rck and T;*Bill
10.Year of Avoestiment Roll from Which Information taken(YYJ 2-2 IT.Total Assessed Value 2,700
*18.Property Class 312 119.School District Name SOUTHOLD
'70-TRKMap Identif1wr(s)IRoll f1doitAlflarls)(if than four,attach sh"twilhaddItional id*nII11fdr(*))
............... ------
P Certify that all of the Items of Information entered on this firm are true and correct(to the bout of my knowledge and belief)and I understand that the nialking of any willitut
false statement of materfull fact herein sobject Me to the provisions of tha penal law relative to the making and 11411"lir*1 false Instruments.
SeLLER SIGNATURE BUYER CONTACT INFORMATION
-oi,
"T
(Frotar lnrtlyilfatkn for"atIV*r,Noto!lfbuyer la 8—lial— —reppny'K41(ft or
entity that is A04 so Irwividtial"ant or W ,4
fudary,11—A 40 6wi contactInfo,"Witri of..I'eJWkWwVM.P_lbI.
1,2, P-dy-bb aan enawer gvaaHarre regarding the a-n-f--et ua anlaw J,Tito,,IH print meetly,)
BUYE.R..4XQVA,TURE
��ST HAW, RS T
_Nik orlrAvow NUVOM(8.00"It"I
or
.....—------
BUYER'S ATTORNEY
GOLDEN CHRISTOPHER
...................
16)
-J-------------------
1 llil 111 111 111 II III IIII III III 111 11
!Illl III IIII II 11
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEED Recorded: 03/27/2015
Number of Pages: 4 At: 01:15:41 PM
Receipt Number : 15-0040250
TRANSFER TAX NUMBER: 14-21472 LIBER: D00012811
PAGE: 867
District: Section: Block: Lot:
1000 055.00 02.00 011 .001
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $20.00 NO Handling $20.00 NO
COE $5.00 NO NYS SRCBG $15.00 NO
EA-CTY $5.00 NO EA-STATE $125.00 NO
TP-584 $5.00 NO Notation $0.00 NO
Cert.Copies $5.00 NO RPT $60.00 NO
Transfer tax $0.00 NO Comm.Pres $0.00 NO
Fees Paid $260.00
TRANSFER TAX NUMBER: 14-21472
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A HILL
JUDITH A. PASCALE
County Clerk, Suffolk County
1
Number of pa es RECORDED
2015 Mar 27 01:15:41 PM
JUDITH H. PASCALE
This document will be public CLERK of
record. Please remove all SUFFOLK COUNTY
L D00012811
P 867
DT# 14-21472
S43111p Recording/Filing Stamps
Page/Filing Fee Mortgage Amt.
1. Basic Tax
Handling _. 20. „fill
2. Additional Tax
TP-584 � -" Sub Total
Notation
5pecJAssit.
(County) _ or
EA-52 17 Count Sub Total _ Spec./Add.
EA-5217(State) TOT.MTG.TAX
R.P.T.S.A.
Dual Town Dual County_
Held for Appointumit a
Comm.of Ed. 5. 00 Transfer Tax
Mansion Tax
Affidavit �- ---� ----w-�
Certified Copy j The property covered by this mortgage is
or will be improved by a one or two
NYS Surcharge 15_. 00 family dwelling only.
Other f
Sub Total , 0 YES or NO
Grand Total A> V If NO,see appropriate tax clause on
page# of this instrument.
4 Dist. _ 15007359 1000 0s5oo 0200 011001 S Community Preservation Fund
Real Property P T R I �IIIIIU�I�III�NIu �U11 �161�
SMI 4 II aideration Amount$
Tax Service �
Agency �Ntd1R-I CPF aat Due
Verification $ �
ges/R p „ _� �_.�.�
Improved �
6 Satisfactions/Dischar eleases List Property Owners Mailing Address f-) Z(-o(p3
RI*CORD III IWTURN TD: Vacant Land
TD
�fC �03 � rrd TD
TD
Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title io
310 Center Drive, Riverhead, NY 11901
www.suffolkcountyny.gov/clerk Title#
81 Suffolk Coun cording & Endorsement,,Page
This page forms part of the attached made by:
(SPECIFY TYPE OF INSTRUMENT)
` �9 J The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of G THE 1>
vs'L Os�� In the VILLAGE
__. or HAMLET of
BOXES 6 THRU B MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
I2-CIN-IOIGM (over)
BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S
ACTS(INDIVIDUAL OR CORPORATION)
STANDARD NYBTU FORM 8007
CALMON.THIS AGREHN04r SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLFJt AND
PURCHASER BEFORE SIGNINO.
THIS INDENTURE,made the 26'day of February,2015
between DARIA CRAIG MOFFAT,residing at 16617 Sabiilasville Road,Sabillasville,MD 21780,as
Successor Trustee of the Declaration of the Maureen H.M.Wolfe Trust dated October I, 1997
party of the first part,and TINA J.KOSLOSKY,residing at 49125 CR 48,Southold,New York
paity of the second part,
r.
.WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable
•consideration,paid by the party of the second part,does hereby grant and release unto the party of the second
part,the heirs or successors and assigns of the party of the second part forever,
ALL tll'at certain,plat;piece or p4cel.of land,'with the buildings and improvements thereon erected,
situate,lying and being in the
SEE SCHEDU t M' AZRD* (DESCRIPTION OF PREMISES)
TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and
roads abutting the above described premises to the center lines thereof,—
TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to
said premises,
TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or
successors and assigns of the party of the second part forever.
AND the party of the first part,covenants that the party of the first part has not done or suffered anything
whereby the said premises have been encumbered in any way whatever,except as aforesaid.
AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party
of the first part will receive the consideration for this conveyance and will hold the right to receive such
consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will
apply the same first to the payment of the cost of the improvement before using any part of the total of the same
for any other purpose.
The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so
requires.
IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first
above written_
IN PRESENCE OF:
Declaration pf the Maureen H.M.Woffee I*
By;
Daria Craig Moffat
a
NYSBA Residential Real Estate Forma en HoIDoce(9l00) Copyright capsoR•Development
STATE OF MARYLAND)
ss;
COUNTY OF -FyC C�C.k
On the 26'day of February,2015,before me,the undersigned, personally appeared DARIA
CRAIG MOFFAT personally known to me or proved to me on the basis of satisfactory evidence to be
the individual whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his capacity and that by his signature on the instrument,the individual,or the
person upon behalf of which the individual acted,executed the instrument and that such individual made
such appearance before the undersigned in the
(Insert The city or other polilicd subdividon and the staie or country or other place th owlcdarnent was taken.).
ALLISON ROS►AD
Notary Public-Maryland
Fredetiek County
My Contmission Expires
Jonuotir 16,2016
W
NYSBA Residential Rut Estee Ponns on HotDoce(9M) Copyright Cepsolt'Devetopmeot
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FOR CWNIY USE ONLY New Yak flab ORpRrhMet of
Cl.awls coda t 4,7 O,8,$9. Taxation and Finance
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PATRICIA C.
07a= r.ww.t
(631) 765-4330
AVAGM tea,t.wRM
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEED Recorded: 04/05/2023 ,;,:
Number of Pages: 4 At: 09:23 : 11 AM
Receipt Number : 23-0046597
TRANSFER TAX NICER: 22-23370 LIBER: D00013196
PAGE: 190
District: Section: Block: Lot:
1000 055.00 02.00 010.004
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $717, 500.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $20 .00 NO handling $20 .00 ' 4. NO
COE $5 .00 NO NYS SRCHG $15 .00 No
EA-CTY $5.00 NO EA-STATE $125 .00 . - . No
TP-584 $5. 00 NO Notation $0.00 i ` NO
Cert.Copies $0 . 00 NO RPT $200.00 NO
Transfer tax $0 . 00 NO Comm.Pres $0. 00 NO
Fees Paid $395 . 00
TRANSFER TAX NUMBER: 22-23370
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Vincent Puleo IVap
County Clerk, Suffolk County 3, ..
wip
1 IT
Number of pages RECORDE[j
20r23 Gnr 05 09:23:11 Api
Vincent Fuleo
This document will b public CLERK OF
SUFFOLK COUNTY
record.Please remove all L D00013196
Social Security Nuim rs P 1s0
prior to recording. DT# 22-23370
-T Deed/Mortgage Instrun ent Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 1 FEES
Page/Filing Fee Mortgage Amt..
Handling 20. 00 1,Basic Tax
.m 2. Additional Tax
TP-584 Sub Tota I
Notation Spec./Assit.
u or
EA•52 17(County) I SubTotal Spec./Add.
EA-5217(State) TOT.MTG.TAX
R.P.T,S.A. � Dual Town Dual County
Held forAppolInkment
Comm.of Ed. _ Transfer Tax
Affidavit a Mansion Ta
Certified Copy The property vered by this mortgage is
�. or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Total YES orNO
Other
Grand Total "� If NO,see appropriate tax clause on
p of tntuha
ge
4 Dist. S, 23014451 5 f:ommunity Preservataon Fu vd
1000 05500 0200 010004
Real Property T Consideration Amount$
Tax gSe r e R RAR A 1111111ffli CPF Tax Due
Verification fIAPR
.._-.._... _ ._... .. Improved
6 Satisfactions/Discharges Releas s List Pro rt1+Owners Mailing Address
RECORD RETURNf0: Vacant
C �c1s-����te • A. GjJe'/ P C.
To
L� -Ti^uvti b�' II to�Gl TD
�unto,,Se4 � l03o TD
Mail to: Suffolk County clerk Title Company Information
310 Center IDrive, Riverhead, NY 11901 Co.Na me
www.sufolkcountny.gov/clerk ee Itl G, e
0
8 Suffolk Co-'my Recording & Endorsement Page�"Q
This page forms part of the attached made
by: (SPECIFY TYPE OF INSTRUMENT)
(("f `«"`m O c 1 A +� r' The premises herein is situated In
�_..,. SUFFOLK COUNTY,NEW YORK. L1
T 1 IntheTOWNof SI nv o I�
In the VILLAGE
G or HAMLET of
BOXES 6 THRU 8 MUST BE 14 PED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING_
over
NY 005-Bargain and Sate Deed with Covenant against Grantor's Acts Individual orCoTornti"n(Single Sheet)(NYBTU 8002)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
THIS INDENTURE,made the 12th day of April in the year 2022
BETWEEN
Moffat Farm North,LLC,a New York Limited Liability Company with an address at 48125
County Road 48,Southold,NY 11971,
party of the first part,and
Flowers&Flores Farm LLC,a New York Limited Liability Company with an address at
Li 4 0 �C,y k^/C-lfe C s YC0 c—�l C . c e
party of the second part,
WITNESSETH,that the party of the first pan.in consideration of Ten Dollars and other valuable consideration paid by the
party of the second pan,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of
the party of the second part forever,
ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situ"tc,lying and being in the
Town of Southold,County of Suffolk and State of New York,more particularly bounded and
described in Schedule "A"attached hereto and made a part hereof.
BEING AND INTENDED TO BE part of the same premises conveyed to the party of the first
part by Deed made by Daria Craig Moffat,Trustee of the Maureen H.M.Wolfe Trust,u/t/d
10/1/1997,Sean Carroll Moffat,Brian Howley Moffat and Sean C.Moffat,Trustee of the
Restatement of the Moffat Special Needs Trust u/t/d 7/1/1994,dated 09/23/2013 and recorded
10/30/2013 in Liber 12750 Page 610 in the office of the Clerk of the County of Suffolk.
TOGETHER with all right,title and interest,if any,of the party of the first parlor.in and to any streets and roads abutting the
above-described premises to the censer lines thereof;TOGETHER with the appurtenances and all the estate and rights of the
party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the
second part,the heirs or successors and assigns of the party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said
premises have been ineumbered in any way whatever,except as aforesaid.
AND the party of the first part,in compliance with Section 11 of the Lien Law,covenants that the party of the first part will
receive Lhe consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied
first(Or the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the
improvement talrore using,any part of the total of the same for any other purpose.
The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires.
IN WITNESS WHEREOF,the party of the first part has duly executed this(fie as day a r first above written.
t�r�t Fang
IN PRESENCE OF: ✓
-By: lna, (KIDSky,»io a MetTtber
USEAcxvoiYIF.DGmiLvrFORMBFWWmi71/NNewYORKSTATEONLY; USEACA7VOWLBDGiWiiVTFORMBEWILIWFMINNEIYYORKSTATEOND',,
Slate or New York,County or 061-55c-" )ss.: state of New York,County of ss.:
On the/ZdaY of`April In the year 2022 On the day of in the year
before mc.the undemi nctL personally appeared before me.the undersigned.personally appeared
Tina I Koslosk
pcwrsonally known to me or powed to mL on the ha+is of saoisfaruny peosonally renown to one or proved to nw wan basis of sartisl' tcry
evWncc to he(fig indivwvalts)whuse 114n wis)Is(area)uubscrilx d to live evi*ace to be the ind ividual(s)whose nartwc(s)is( )subw;rit d to Ihu
within insnum nt and ucktmwtvilgo l to Im that fid"JocAluay etudcutod whtuo Instrument Wul aacknowleolgol era one ihat belsheAlwey executed
ttvsame in hiM mAlwit capacity( ), aml that fly InAberfdreir the same in his(locrAhcir cawp it i )� and that by his4wtldaeir
signulum(s)an the in nnuent.the intlividual(s),(wr the joconwo,upon signutum(s)oa Ilia instrument,the lndivkhual(s),or the.p co,g)n topon
behalf ur which the individual(s)ana 1,m cuted time instrunicoL belvwlf(at'whh:h the iodivid l(s)act*),executed tlw insim It.
Vamry Ph blic Jw MES JOYCE
-11014 y Public,State of New Yolk-- --�— --
R istration#01JOS088112 Nrn ry Public
13,ohred In Nassau County'
Conn ssion 2xpwlras Jan,18,20—
ACKNOWIBDOMENTFORMFORUSEWITNINNmvYORKSTATEONLY.• ACKNOWLEDGMFNTFORM FOR USE OUFSIDE NEW YORKSTATIiONLY:
(Nee,Ynrk Slthsrrihing wirness AeknuwJerlgrornl Cerrifrrarel (0Nt ttrSrure rrr F(+reign Cetierert AcUtnuledgment CerliFrette/
State of New York,County of i ;
(Colvi-Venue with Store,Countnt Prorfitre or MunidtNtl it v)
On the day of In the year
before me,the undersigned,personally appeared On the day of in the year
before me,the undersigned,personally appeared
the suh%lihing wirtw..s In the fiamcgoing instruincut with whom l am
Pcrsonall,acquainted,who,lacing by me duly sworn,slid t1cponku and personally known to me or pmved It)me rnr the basis or,Wsfuctory
say that hutdOw/they restdc(s)in evidence to be Iowa individuals)whosc nante(s)is(are)subscribed to Ilw
within insormucat and€clatowladgr:d to me that hcJshMbc^y executed
("thelrloeeef"rarNeoceisiostcin•,crreldulethesrreeiandsfreetnumber, the sate in his/hCrAbeir capacit ( s) (Ito by16,0uNtluci( unutc(s)
urtr*„d rclwfj,that 10,511 if d�naw(a) ant the insot meat,tom.individua ls).or the r a upon befedfor which
doe indivrduwallspacted,executed tiwinstntment.andthatsucItindividual
to ke the individual described in and who executed the rottt°going made such appcarunce before;the undersigned in the
instrument;that said subscribing witness was present and Saar said
execute the same:and that said witness at the same time subscribed (Insert the rite orrwwher(olitical subdivision and the stare orcawnn'Dr
his/herltheir name(s)as a witness thereto. adlterlalace(fteacknorr,e"tdgalenr svos 14ken).
BARGAIN&SALE DEF,i)
'MA°drn a;NWVt'6*GAks°Err'd4dRAM1l9d'"rrtwNOlhC'MCpM'G hK:kYe
TITLE NO. i I DISTRICT 1000
SECTION 055.00
Moffat Farm North,LLC BLOCK 02.00
LOT 010.004
COUNTY OR TOWN SOUTHOLD
TO
Flower&Flores Farm LLC RECORDF.DATREQUFSrOF
FideGly National Title Insurance Company
RETURN BYMAI L TO
I^Itlt uTy NATIONA,I,Trfr„,li Christopher A.Golden,P.C.
0 INSUKANCY CONIPAwNY 149 Trumbull Road
Aw.`+Ar mnotol'l Manhasset,NY 11030
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SCHEDULE A LEGAL DESCRIPTION
Title Number: LTA-202886
Page 2
ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of
Southold, County of Suffolk and State of New York, and more particularly described on that
certain survey made by Peconic Surveyors, P.C. dated ,tune 17, 2017 and last updated
March 9, 2022, bounded and described as follows:
ASTOLOT 1 , .
BEGINNING at a point on the westerly side of North Road (C.R. 27)distant 948.60 feet
southerly from the corner formed by the intersection of the southerly side of Old North Road
and the westerly side of North Road;
RUNNING THENCE along the westerly side of North Road the following three (3) courses
and distances:
1) South 19 degrees 36 minutes 50 seconds west, 98.63 feet;
2) Along the are of a curve bearing to the right having a radius of 2259.00 feet, a distance
along said curve of 228.92 feet; and
3) Along an are of a curve bearing to the right having a radius of 2259.00 feet, a distance
along said curve of 45.00 feet to the true point of beginning
RUNNING THENCE along the westerly side of North Road along an arc of a curve bearing
to the right having a radius of 2259.00 feet, a distance along said curve of 299.84 feet;
THENCE north 87 degrees 49 minutes 50 seconds west a distance of 414.72 feet;
THENCE north 7 degrees 8 minutes 00 seconds west a distance of 30.35 feet;
THENCE south 79 degrees 15 minutes 00 seconds west a distance of 892.99 feet;
THENCE north 11 degrees 34 minutes 10 seconds west a distance of 935.30 feet;
THENCE north 88 degrees 35 minutes 30 seconds east a distance of 752.23 feet;
THENCE south 5 degrees 53 minutes 10 seconds west a distance of 315.00 feet;
THENCE north 79 degrees 12 minutes 50 seconds east a distance of 375.18 feet;
THENCE north 78 degrees 53 minutes 10 seconds east a distance of 73.75 feet;
THENCE south 20 degrees 10 minutes 10 seconds west a distance of 318.28 feet; and
THENCE south 87 degrees 49 minutes 50 seconds east a distance of 502.94 feet to the
point or place of BEGINNING.
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BUYER'S ATTPMNFy1(
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GOTMEN CHRISTOPHER
IAalra�e """ rueT xkr
t (S161 627-755S
Yw.r C. '�' mrnr elaaes.e�wwr.r
Foam No.S
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK`S OFFICE
SOUTHOLD. N. Y.
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL
COMPLETION OF THE WORK AUTHORIZED)
? 5106 Z Dame ...........................004.......... . ....... 19..
10
Permission Is hereby granted to: we Wrat
..............
........................................................
................................................................................
to ....... ...... ... ..... . . .. ... .. ,. . ,.. ........... ... ... ...,; ..... ..�......... .........., ....
................................................................................................................................................................
atpremises located at ... . ..... .............................................................................
............................................................. e ..............................................................
.......................................................................... .....................................................................................
pursuant to application dated ........................ ............ 19. and approved by the
Building Inspector.
Fee $... .*. .. ...........
Building Inspector
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Clerk's Office
Southold, N. Y.
Certificate Of Occupancy
No. . Z4093L Date . . . . . . . . . . . . .Do* 21. . . . . . .. 19.70
THIS CERTIFIES that the building located at .WA C . . . . . . . . . . . . . . . . Street
Map No. . . . . . . . . . . Block No. . . . . . .Lot No. xx SoutWd. . A 61 . . . . . . . .
conforms substantially to the Application for Building Permit heretofore filed in this office
dated . . . . . . . . .D*G . . . 1.7 . . ., 19. .7p pursuant to which Building Permit No. . .51 .
dated . . . . . . . . ,4 . . . 1.7 . . . ., 19.70., was issued, and conforms to all of the require-
ments of the applicable provisions of the law. The occupancy for which this certificate is
issued is . . .Pr tw. a gory -buildUg. . . . . . . . . . . . . . . . . . p . . . . . . , . . . . . . . . . . . .
The certificate is issued to . . J91R . , "+ ' . . . . . .UWMV. . . . . . . . . . . . . . . . . . . . . . .
(owner, lessee or tenant)
of the aforesaid building.
Suffolk County Department of Health Approval nor o. . . • . • . . • . . . . . . • a . • . • • . . , .
Building Inspector
P
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
PRE EXISTING
CERTIFICATE OF OCCUPANCY
No X--24143 Date JANUARY 30, 1996
THIS CERTIFIES that the building F' P .Y DWELLING
Location of Property 48125 COUNTY RD. #48 SOUTHOLD, N.Y.
House No. Street Hamlet
County Tax Map No. 1000 Section 55 Block 2 Lot II
Subdivision Filed Map No. Lot No.
conforms substantially to the Requirements for a One Family Dwelling built
Prior to: APRIL 9 195Z pursuant to which CERTIFICATE OF
OCCUPANCY NUMBER 9-24143 dated JANUARY 30, 1996
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is
issued is ONE FAMILY D ING WITH ACCESSORY 2 CAR GARAGR
The certificate is issued to JOHN MOFFAT
(owner)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A
UNDERWRITERS CERTIFICATE NO. N/A
PLUMBERS CERTIFICATION DATED N/A
*PLEASE BEN ATTACHED INSPECTION REPORT.
2te� )I 1-4-'LW
//auiXaing I nspector
Rev. 1/B1
BUILDING DEPARTMENT
TOWN OF SOUTHOLD
HOUSING CODE INSPECTION REPORT
LOCATION: 48(125 COUNTY ROAD 8# „ ,
._ 4......,..
SOOTHOLD NEW YORK
numbir
SUBDIVISION _ MAP NO. LOT(s)
ME NA OF OWNER (s) _.,,.,,.....JOHN MOFFAT...,._„ _w...._..... _, ...._....w._..,
OCCUPANCY A-1 RES. OWNER
.,....
.-...wTtype _ . .-,.__�. _.,_. .�_ ,.
owner-tenant ._._,..__.....w.�.............u_.,�..._.... .
ADMITTED
BY MOFFATT ACCOMPANIED BY: SAME
FEY AVAII.ABI ` ".�","...µ".-..µ."""" ". .,.
yAX...,. .�.�.. MAP ND,
140�5 02�I 1
SOURCE OF REQUEST: MAUREEN WOLFE DATE: NOV, 24 1995
TYPE OF CONSTRUCTION ROOD FRAME I STORIES 2 # EXITS 2
FOUNDATION CONCRETE
CELLAR FULL CRAWL SPACE
TOTAL ROOMS: IST FLR,.---w,..._ _2ND FLR_ ., _..w.,_RD FLR.
-• _...,_.. ..
BATHROOM (s) 1-1 2 TOILET ROOM (s) UTILITY ROOM___
PORCH TYPE _ DECK, TYPE PATIO IIRICK-REA# Op.goUSE
BREEZEWAY - „ FIREPLACE GARAGE �_ �
DOMESTIC IIOTWATER YES TYPE HEATER LILCO GAS AIRCONDITIONINGTYPE HEAT— _-
LIIXjO GAS WARM AIR IIOTWATER XX
OTHER:
ACCESSORY ST_RUC_TURES:�_ �...._... �. .w....... , . ..__ .... ,. .__...,..,..,__,_.....,.................
GARAGE, TYPE OF CONST_— STORAGE, TYPE CONST.
SWIMMING POOL_, GUEST, �..,,,,..�.._ „ __. .,. ..._.............,...
TYPE CONST_
OTHER: PREVENTION d BUILDING 45 N.Y. .,
CHAPTER STATE UNIFORM FIRE µ �
VIOLATIONS: G CODE
ART. SEC.
Acccsx
REMARKS: BP #5106 CO Z-4093 s
......,.. ..�.. ,.._M._.. ,.,..,....u,�
INS,.,.,„.
PECTED BY INSPECTION JAN. 29 1996
.. ,w, _s...
TIMF. START 9.40 AN END 9• �„
"°':, m TOWN OF SOUTHOLD
pa BUILDING DEPARTMENT
ALL° TOWN CLERK'S OFFICE
w » SOUTHOLD, NY
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES
WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS
UNTIL FULL COMPLETION OF THE WORK AUTHORIZED)
Permit#: 60163 Date: 12/2712023
Permission is hereby granted to:
Flowers & Flores Farm LLC
440 Ha aters Rd .._.,..
Cutcho ue NY 11935
To: construct an unconditioned agricultural storage building as applied for per Planning
approval.
At premises located at:
48456 CR 48 Southold _. _ �......
SCTM #473889
Sec/Block/Lot#55:2-10.3
Pursuant to application dated 10/18/2023 and approved by the Building Inspector.
To expire on 6/27/2025.
Fees:
FARM BUILDING-NEW $200.00
CERTIFICATE OF OCCUPANCY $100.00
Total: $300.00
Vilg nspector
Ilot Town of Southold 6/27/2022
P.O.Box 1179
53095 Main Rd
q Southold,New York 11971
CERTIFICATE CA F OCCUPANCY
No: 43190 Date: 6/22/2022
THIS CERTIFIES that the building ELECTRICAL
Location of Property: 48455 CR 48, Southold
SCTM#: 473889 See/Block/Lot: 55.-2-10.3
Subdivision: Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore filed in this office dated
5/31/2022 pursuant to which Building Permit No. 47875 dated 5/31/2022
was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for
which this certificate is issued is:
QQ tM uldeMround eteo a icc fear a
Corrected /2 2L22 if t .qj cqp mb r on
The certificate is issued to Moffat Farm North LLC
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL,
ELECTRICAL CERTIFICATE NO. 47875 6/15/2022
PLUMBERS CERTIFICATION DATED
-�Authorized Signature �w .
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT
THE REGULAR MEETING OF THE SOUTHOLD PLANNING BOARD ON
FEBRUARY 14,2011:
WHEREAS, the Southold Planning Board has found that applications for lot line modifications
(re-subdivisions) often involve very minor adjustments of lot lines, or adjustments that result in
no new development potential; and
WHEREAS, the Southold Planning Board, pursuant to §240-56 of the Town Code, has the
authority to waive certain requirements in the subdivision review process; and
WHEREAS, the Southold Planning Board, by way of this policy, intends to simplify and shorten
the application process for certain lot line modification (aka re-subdivision) requests by reducing
the number of agency approvals necessary prior to Planning Board approval;
NOW, THEREFORE, BE IT
RESOLVED that the Planning Board of the Town of Southold hereby adopts the "Lot Line
Modification/Re-subdivision Application Process Policy" as follows:
Lot Line Modification/Re-subdivision Application Process Policy
The following applications for lot line modifications (re-subdivisions) are eligible for a decision
from the Southold Planning Board prior to receiving approval by the Suffolk County Department
of Health Services (SCDHS):
1. The transfer of land from an oversized parcel (larger than the minimum zoning requires)
where the oversized parcel remains above the minimum lot size required, and where no
new development potential will be created in the parcel to which the land is transferred.
2. The transfer of land between two or more parcels, all of which are currently developed
and can produce legal certificates of occupancy, which results in no new development
potential.
3. The transfer of land between two or more parcels, vacant or developed, where the
SCDHS has previously approved the subdivision map, and where the two lots will remain
at or above the minimum lot size required by zoning.
4. Other situations where the Planning Board finds the amount of land being transferred is
negligible will result in no additional residential units being developed, and that there will
be no impact to wetlands or other sensitive environmental features.
The Planning Board shall formally waive the requirement for SCDHS approval by resolution
prior to their decision resolution. The following language shall also be included in every
Planning Board decision resolution containing the waiver of the requirement for SCDHS
approval:
`The Southold Town Planning Board, in waiving the requirement for SCDHS approval
prior to their own approval, is simply waiving a technical requirement of final plat
approval under the Town Code and makes no representations as to whether SCDHS
approval is required. SCDHS approval of this lot line change may be necessary to be in
compliance with the Suffolk County Sanitary Code, and to be eligible for future
construction or renovations.'
The following clause will also be inserted at the end of the resolution and the applicant required
to sign a copy for our files:
`i understand that Southold Town Planning Board approval of this lot line modification
does not grant, guarantee or waive an approval, if required, from the Suffolk County
Department of Health Services. I understand that I wil l need to apply separately to the
SCDHS for any applicable approvals.'
Signature of Applicant
2
I IIII�III III III��II III I��II I� I III III II
I IIII I�I� III III I �I
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 11/12/2014
Number of Pages : 34 At: 12 :02 :35 PM
Receipt Number : 14-0149268
TRANSFER TAX NUMBER: 14-09404 LIBER: D00012795
PAGE : 469
District: Section: Block: Lot:
1000 055 .00 02 . 00 010 .004
EXAMINED AND CHARGED AS FOLLOWS
qeed Amount: $1,288,384 .50
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $170.00 NO Handling $20.00 NO
COE $5 .00 NO NYS SRCHG $15.00 NO
TP-584 $5 .00 NO Notation $0.00 NO
Cert.Copies $40. 00 NO RPT $60.00 NO
Transfer tax $0.00 NO Comm.Pres $0.00 NO
Fees Paid $315.00
TRANSFER TAX NUMBER: 14-09404
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
1 2
pag RECORDED
Number of es '( 2014 Nov 12 12:02:35 PM
JUDITH A. PASCALE
CLERK OF
This document will be public SUFFOLK COUNTY
record.Please remove all L D00012795
Social Security Numbers P 469
prior to recording. - DT# 14-09404
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES p.
Mortgage Amt
Page/Filing'Fee �� �_ 1.BasftTax
Handling 20. 00 2. Additional Tax
Sub Total
TP-584 !—
Spec/Assit
Notation or
EA-521-7(County) __. Sub Total -t Spec/Add.
TOT.MTG.TAX.
EA-5217(State)
Dual Town Dual County _
R.P TSA Lo— Held for Appointment
Comm.of Ed. 5. 00 Transfer Tax
Mansion Tax
Affidavit
The property covered by this mortgage is
Eettiffed CoW, 40 — or will be Improved by a one or two
NYS Surcharge 15, 00 family dwelling only.
Sub Total YES or NO
Other �-- '�
Grand Total - If NO,see appropriate tax clause on
page of this instrument
1ppp 2826986 1000 05500 0200 010004
4 Dist 5 Community Preservation Fund
Real Property RPi
A 111111IN11111
Consideration Amount$L ` s "o
Tax Service tpy
Agency CPF Tax Due $
Verification
" Improved
6 ati onslDi arges/Re ases st Property Owa s r ng ess
RECORD&RETURN TO: Vacant Land
")y-,C-\,\ I L r Sl-c TD
q f "� LiSAC + enZC TD -
33 M
Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 'Co Nam =I C-
www.suffolkcountyny.gov/derk Tide
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached t" r4 n'a ;5 made
by: tl� � (SPECIFY TYPE OF IN UMENT) ^S~trt Cn�
hJ v-4l ' The premises herein is situated in
SUFFOLK COUNTY,NEW YORK
TO In the TOWN of
�Qw'r- In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
B
( W1T OF DEVELOPMENT RIGLFITS EASEMENT
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, Is made on
the day of October, 2014 at Southold, New York. The parties are
Moffat Farm North, LLC, with an address of 49990 Route 48, Southold,
New York 11971, P.O. Box 526, Bolinas, California 94924 (herein
called "Grantor"), and the TOWN OF SOUTHOLD, a municipal
corporation, having its principal office at 53095 Main Road, P.O. Box
1179, Southold, New York 11971 (herein called "Grantee*) and the
United States of America ("United States") by and through the United
States Department of Agriculture ("USDA") Natural Resources
Conservation Service ("NRCS") acting on behalf of the Commodity
Credit Corporation, as its interest appears herein, for the purpose of
forever conserving the agricultural productivity of the Protected
Property and its value for resource preservation and as open space.
INTRODUCTION
WHEREAS,, Grantor Is the owner In fee simple of certain real
property located In the Town of Southold, Suffolk County, New York,
• Identified as part of SCTM *1000-55-2-10.1, more fully described In
SCHEDULE "A" attached hereto and made a part hereof and
hereinafter referred to as the "Protected Property" and shown on the
survey prepared by Peconic Surveyors, P.C. dated June 17, 2014 and
last revised 3tily 4,57 a reduced copy of which Is attached hereto
and made a part hereof an herel after referred to as the "Survey"
,� after
e'ie q , 0/ '
and � Ck
WHEREAS, the Protected Property Is located In the Agricultural
Conservation (A-C) Zoning District of the Town of Southold; and
WHEREAS, the Protected Property contains snails classified as
Class I and Class II worthy of conservation as identified by the United
States Department of Agriculture, Natural Resources Conservation
Service's (formerly the Soil_ Conservation Service) Soil Survey of
Suffolk County, New York; and
WHEREAS, The Federal Farm and Ranch Lands Protection
Program's purpose is to assist In the purchase of conservation
easements on land with prime, unique, or other productive soil for the
purpose of protecting topsoil from conversion to nonagricultural uses
(16 U.S.C. 3838h and 38361). Under the authority of the Farm and
Ranch Lands Protection Program, the United States Department of
Agriculture Natural Resources Conservation Service (hereinafter the
"United States" or "NRCS") acting on behalf of the Commodity Credit
Corporation, has provided Five Hundred Ninety-Three Thousand Seven
Hundred Fifty and 00/100 DOLLARS ($593,750.00) to the Grantee for
the acquisition of this Easement, entitling the United States to the
rights identified herein.
WHEREAS, the Protected Property is part of the New York State
Agricultural District #1, and the Grantor wishes to continue using the
Protected Property for agricultural production as defined in this
Easement; and
WHEREAS, the Protected Property is currently used for row
crops; and
WHEREAS, it is the policy of the Town of Southold (the "Town"),
as articulated in the Town's Master Plan of 1973, amended in 1986 and
1989 as adopted by the Town Board, Town of Southold, and §272-a of
the New York State Town Law ("Town Law") to protect environmentally
sensitive areas, preserve prime agricultural soils, to protect the scenic,
open space character of the Town and to protect the Town's resort and
agricultural economy; and
• WHEREAS, the Protected Property in its present scenic and
agricultural condition has substantial and significant value as an
aesthetic and agricultural resource since it has not been subject to any
development; and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Protected Property is located, and
Grantor and Grantee have, in common, the purpose and objective of
protecting and conserving the present state and inherent, tangible and
intangible values of the Protected Property as an aesthetic, natural,
scenic and agricultural resource; and
WHEREAS, Grantee has determined it to be desirable and
beneficial and has requested Grantor, for itself and its successors and
assigns, to grant a Development Rights Easement to Grantee in order
to restrict the further development of the Protected Property while
permitting compatible uses thereof;
NOW THEREFORE, in consideration of One Million Two Hundred
Eighty-Eight Thousand Three Hundred Eighty Four and 50/100
DOLLARS ($1,288,384.50) and other good and valuable consideration
paid to the Grantor, the receipt of which is hereby acknowledged, the
2
• Grantor does hereby grant, transfer, bargain, sell and convey to the
Grantee a Development Rights Easement, in gross, which shall be
binding upon and shall restrict the premises shown and designated as
the Protected Property herein, more particularly bounded and
described on Schedule "A" annexed hereto and made a part of this
instrument.
TO HAVE AND TO HOLD said Development Rights Easement and
the rights and interests in connection with it and as hereinafter set
forth with respect to the Protected Property unto the Grantee, its
successors and assigns forever, reserving, however, for the direct use
and benefit of the Grantor, its legal representatives, successors and
assigns, the fee title to the Protected Property, and the exclusive right
of occupancy and of use of the Protected Property, subject to the
limitations, conditions, covenants, agreements, provisions and use
restrictions hereinafter set forth, which shall constitute and shall be
servitudes upon and with respect to the Protected Property.
The Grantor, for itself, and for and on behalf of its legal
representatives, successors and assigns, hereby covenants and agrees
as follows:
• .Q1 GrqrLtgrs ylfarran y
Grantor warrants and represents to the Grantee that Grantor is
the owner of the Protected Property described in Schedule '"A", free of
any mortgages or liens, as set forth in Peconic Abstract, Inc. Title
Report No. 641-S-04097 and possesses the right to grant this
easement.
a,,)2 Grantees Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the
State of New York State and is authorized under §64 of Town Law and
§247 of the New York State General Municipal Law ("General Municipal
Law") to acquire fee title or lesser interests in land, including
development rights, easements, covenants, and other contractual
rights which may be necessary or desirable for the preservation and
retention of agricultural lands, open spaces and natural or scenic
resources.
3
0.03 Pur ose
The parties recognize the environmental, natural, scenic,
conservation and agricultural values of the Protected Property and
have the common purpose of preserving these values by limiting
nonagricultural uses of the Protected Property. This instrument is
intended to convey a Development Rights Easement on the Protected
Property by Grantor to Grantee, exclusively for the purpose of
preserving its character in perpetuity for its environmental, scenic,
agricultural, conservation and natural values by preventing the use or
development of the Protected Property for any purpose .or in any
manner contrary to the provisions hereof, in furtherance of federal,
New York State and local conservation policies.
0.04 Governm ntal Reco niti n
New York State has recognized the importance of private efforts
to preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of General Municipal Law
§247. Similar recognition by the federal government includes §170(h)
• of the Internal Revenue Code ("IRC") and other federal statutes.
.05 Documentatigil
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Protected Property are compatible
with the purposes of this Easement. In order to aid in identifying and
documenting the present condition of the Protected Property's natural,
scenic, conservation, agricultural, and aesthetic resources and
otherwise to aid in identifying and documenting the Protected
Property's agricultural values as of the date hereof, to assist Grantor
and Grantee with monitoring the uses and activities on the Protected
Property and ensuring compliance with the terms hereof, Grantee has
prepared, with Grantor's cooperation, an inventory of the Protected
Property's relevant features and conditions (the "Baseline
Documentation"). This Baseline Documentation includes, but need not
be limited to, a survey dated June 17, 2014, last revised july 18,
2014, prepared by Peconic Surveyors, P.C..and a Phase 1
�n Environmental Site Assessment prepared by Nelson, Pape and Voorhis,
LLC, dated May 21, 2014.
Grantor and Grantee acknowledge and agree that in the event a
controversy arises with respect to the nature and extent of the
Grantor's uses of the Protected Property or its physical condition as of
4
• the date hereof, the parties shall not be foreclosed from utilizing any
other relevant or material documents, surveys, reports, photographs
or other evidence to assist in the resolution of the controversy.
0.06 Recitation
In consideration of the previously recited facts, mutual
promises, undertakings, and forbearances contained in this
Development Rights Easement, the parties agree upon its provisions,
intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Type
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall
include any and all of those limitations, covenants, use restrictions,
rights, terms and conditions.
1.02 Definitions
"Development Rights" shall mean the permanent legal interest
and right to prohibit or restrict the use of the Protected Property for
uses or purposes consistent with the terms of this Easement, including
agricultural production as that term is presently referenced in §247 of
the General Municipal Law and/or defined in Chapter 70 of the Town
Code of the Town of Southold (the "Town Code" or "Code") now,-or as
Chapter 70 may be amended and including the production of crops,
livestock and livestock products as presently defined in §301(2)(a)-(j)
of the New York State Agriculture and Markets Law ("Agriculture and
Markets Law"), now, or as §301(2)(a)-(j) may be amended, provided
said amended provisions are inherently similar in nature to those
crops, livestock and livestock products included as of the date of this
Easement. No future restrictions in said laws and/or Code or limitation
in the definitions set forth in said laws and/or Code shall preclude a
use that is permitted under the current law and/or Code.
"Improvement" shall mean any addition to raw land, such as
structures, fences, wells or drainage.
5
"Protected Property" shall mean the property sect to this
Easement, consisting of part of SCTM# 1000-55-2-X more fully
described In the Schedule "A" attached hereto and made a part hereof
and shown on the survey prepared by Peconic Surveyors, P.C. dated ;
June 17, 2014 and last revised a reduced copy of which
Is attached hereto and made a part hereof). Sep mb(*�z q golq
"Riding Academy" shall mean a business use of a lot for any of 6A
the following purposes: the letting of horses for hire to individuals or
groups whether supervised or unsupervised, horseback riding
instruction or the holding of horse shows or other equine events.
"Structure" shall mean anything constructed or erected on or
under the ground or upon another structure or building, Including
walkways. Structures shall not Include treills, posts and wiring, farm
roads, farm irrigation systems, nursery mats, or fencing necessary for
agricultural operations or to mark the boundaries of the Protected
Property, including without limitation fencing to keep out predator
animals, Including deer. Approvals for those items listed In the
preceding sentence shall be as required by applicable provisions of the
• Town Code.
1.03 Duration-
This Easement shall be a burden upon and run with the
Protected Property in perpetuity.
Effect
This Easement shall run with the Protected Property as an
Incorporeal Interest in the Protected Property, and shail extend to and
be binding upon Grantor, Grantor's agents, tenants, occupants, heirs,
personal representatives, successors and assigns, and all other
Individuals and entities and provides Grantee with the right to
administer, manage and enforce the Easement as provided herein.
The word "Grantor" when used herein shall include all of those persons
or entities. Any rights, obligations, and interests herein granted to
Grantor and/or Grantee shall also be deemed granted to each and
every one of Its subsequent agents, successors, and assigns, and the
word "Grantor and/or Grantee"when used herein shall Include all of
those persons or entities.
6
ARTICLE TWO
SALE
GRANTOR, for One Million Two Hundred Eighty-Eight Thousand
Three Hundred Eighty-Four and 50/100 DOLLARS ($1,288,384.50)
good and valuable consideration, hereby grants, releases, and conveys
to Grantee this Easement, in perpetuity, together with all rights to
enforce it. Grantee hereby accepts this Easement in perpetuity, and
undertakes to enforce it against Grantor.
ARTICLE TH REE
PROHIBITED ACTS
From and after the date of this Easement, the following acts,
uses and practices shall be prohibited forever upon or within the
Property:
3.01 Structures
No structures may be erected or constructed on the Protected
Property except as permitted by the Southold Town Land Preservation
Committee (""Land Preservation Committee") and other applicable
provisions of the Town Code and Section 1.02 and Section 4.06 of this
Easement.
3.02 Excavation and Removal of Materials• Minin
Mineral exploitation, and extraction of any mineral (including,
but not limited to soil, gravel, sand and hydrocarbons) by any method,
surface or subsurface, is prohibited. Grantor shall not remove or fill
topsoil, sand, or any other materials, nor shall the topography of the
Protected Property be changed except in connection with the
construction and maintenance of any structure or improvement
expressly permitted to be placed or constructed on the Protected
Property, under the terms herein.
Grantor may remove topsoil, sand or other materials for
purposes or erosion control and soil management only with the prior
written approval of Grantee. The Land Preservation Committee has the
• right to require a Natural Resources Conservation Service (NRCS) farm
management plan for the Protected Property prior to the removal of
7
topsoil, sand or other materials, based on the extent and type of
materials removed or on the alteration of the topography of the
Property.
Agricultural practices that are determined to be in accordance
with an NRSC farm management plan shall not be prohibited.
3.03 Subdivision
The subdivision of the Protected Property is prohibited. This
limitation on subdivision shall be binding upon Grantor, Grantor's
successors, heirs and assigns. The legal or de facto division,
subdivision, platting, partitioning or planned unit development of the
Protected Property is prohibited. This restriction does not prohibit
boundary line adjustments with adjoining agricultural land, provided
that such boundary line adjustments do not result in any loss of
acreage to the Protected Property, and that no new parcel is created
by such boundary line adjustments.
The provisions of this section 3.03 are subject to a further
Declaration of Covenants and Restrictions, recorded simultaneously
• with this Easement.
The dumping or accumulation of unsightly or offensive materials
including, but not limited to trash, garbage, sawdust, ashes or
chemical waste on the Protected Property shall be prohibited. This
prohibition shall exclude materials used in the normal course of sound
agricultural practices on the Protected Property, including fertilization,
composting and crop removal.
3.05 Signs
The display of signs, billboards, or advertisements shall be
prohibited, except signs whose placement, number, and design do not
significantly diminish the scenic character of the Protected Property
and only for any of the following purposes: (a) to state the name of
the Protected Property and the names and addresses of the occupants
and the character of the business conducted thereon, (b) to
temporarily advertise the Protected Property or any portion thereof for
sale or rent, (c) to post the Protected Property to control unauthorized
entry or use, or (d) with the consent of the Grantor, to announce
8
Grantee's easement. Signs are subject to regulatory requirements of
the Town.
3.06 Utilities
The granting of easements for utilities and installation of new
utilities (power lines, gas lines, sewer lines, water lines,
telecommunications towers, and wind farms) is prohibited as an
encumbrance on the protected property rights of the United States.
Notwithstanding that prohibition, grantor may grant easements for the
installation of utilities necessary for permitted uses of the protected
property, including without limitation the wind turbine and associated
utility lines described below, provided that such installation is
consistent with the purposes of this conservation easement and is
done in such a manner as to minimize to the greatest extent possible
impact on soils. Existing utilities may be replaced or repaired at their
current location.
The creation or placement of overhead utility transmission lines,
utility poles, wires, pipes, wells or drainage systems ("utilities") on the
Protected Property to service structures approved pursuant to Section
i4.06 shall be prohibited without the prior written consent of the
Grantee. Underground utilities must, to the extent possible, be
constructed within 30 feet of the centerline of any roads or driveways,
and may be used solely to service the permitted structures on the
Protected Property. The Protected Property may not be used for the
creation or placement of utilities to service any other properties,
except as provided below.
Grantor shall also have the right to erect a wind turbine on the
Protected Property, subject to all applicable Town and other
governmental laws and regulations, including approval by the Land
Preservation Committee. Energy generated from such wind turbine, if
approved, may be used to service the Protected Property, the Reserve
Area, and an adjacent property that is used for Grantor's agricultural
operation.
3.07 Impervious Surfaces
Impervious surfaces are defined to include permitted residential
buildings, agricultural buildings (with or without flooring), and paved
areas on the Protected Property (but not including public or country
roads or other roads paved by easement holders who have rights that
may be superior to the rights conveyed to Grantee by this Grant of
9
Development Rights Easement) may not exceed 7 (seven) percent of
the total Protected Property acreage.
3.08 Prohibited Uses
Except for uses specifically permitted by this Easement, the use
of the Protected Property or structures on it for any residential,
commercial or industrial uses, permanent or temporary, including but
not limited to a riding academy, shall be prohibited. For the purposes
of this section, agricultural production, as that term is presently
referenced in §247'of the General Municipal Law and/or defined in
Chapter 70 of the Town Code, now or as Chapter 70 may be amended,
and including the production of crops, livestock and livestock products
as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now
or as said §301 (2)(a)-(j) may be amended, provided said amended
provisions are inherently similar in nature to those crops, livestock and
livestock products included as of the date of this Easement, shall not
be considered a commercial use.
Uses, improvements and activities permitted by the Town Code
now or in the future on agricultural lands protected by a development
• rights easement or other instrument, including but not limited to
farmstands, shall not be considered a commercial use. No
improvements, uses or activities inconsistent with current or future
agricultural production shall be permitted on the Protected Property.
Under no circumstances shall athletic fields, golf courses or ranges,
commercial airstrips and helicopter pads, motorcross biking, or any
other improvements or activity inconsistent with current or future
agricultural production be permitted on the Protected Property.
3.09 Soil and Water
Any use or activity that causes or is likely to cause soil
degradation or erosion or pollution of any surface or subsurface waters
shall be prohibited. This prohibition shall not be construed as
extending to agricultural operations and practices (including, without
limitation, the use of agrochemicals such as fertilizers, pesticides,
herbicides, and fungicides) that are in accordance with sound
agricultural management practices of the MRCS.
10
• 3.10 w ConservationPlan
All agricultural operations on the Protected Property shall be
conducted in a manner consistent with a resource management
system (RMS) Conservation Plan (the "Conservation Plan") prepared
by the NRCS utilizing the standards and specifications of the NRCS
Field Office Technical Guide, 7 CFR Part 12 and approved by the
Suffolk County Soil and Water Conservation District. All lands enrolled
in the Farm and Ranch Lands Protection Program will be subject.to the
Conservation Plan. The resource management system for cropland,
prescribed in the Conservation Plan for all cropland enrolled in FRPP,
will assure that selected conservation practice alternatives will prevent
sheet and rill erosion from exceeding the current published soil loss
tolerance level.
Grantor shall give Grantee copies of the Conservation Plan upon
request and advise Grantee of amendments thereto so as to enable
Grantee to keep its records current.
3.11 Copservati.on Cram .. ce Provisions oaf he CConservationPlan
As required by Section 1238I of the Food Security Act of 1985,
as amended, the Grantor, its heirs, successors, or assigns, shall
conduct all agricultural operations on the Protected Property in a
manner consistent with a conservation plan (the "Conservation Plan")
prepared in consultation with NRCS and approved by the Suffolk
County Soil and Water Conservation District. This Conservation Plan
shall be developed using the standards and specifications of the NRCS
Field Office Technical Guide (FOTG) and 7 CFR Part 12 that are in
effect on the date of this Easement. However, the Grantor may
develop and implement a conservation plan that proposes a higher
level of conservation and is consistent with the NRCS Field Office
Technical Guide standards and specifications. NRCS shall have the
right to enter upon the Protected Property, with advance notice to the
Grantor, in order to monitor compliance with the Conservation Plan.
In the event of noncompliance with the Conservation Plan, NRCS
shall work with the Grantor to explore methods of compliance and give
the Grantor a reasonable amount of time, not to exceed twelve
months, to take corrective action. If the Grantor does not comply with
the Conservation Plan, NRCS will inform Grantee of the Grantor's
• noncompliance. The Grantee shall take all reasonable steps (including
efforts at securing voluntary compliance and, if necessary, appropriate
legal action) to secure compliance with the Conservation Plan following
11
written notification from NRCS that (a) there is a substantial, ongoing
event or circumstance of non-compliance with the Conservation Plan,
(b) NRCS has worked with the Grantor to correct such noncompliance,
and (c) Grantor has exhausted its appeal rights under applicable NRCS
regulations.
Grantor shall be liable for any costs incurred by NRCS as a result
of the Grantor's negligence or failure to comply with the conservation
easement requirements as it relates to conservation plan violations.
If the NRCS standards and specifications for highly erodible land
are revised after the date of this Easement based on an Act of
Congress, NRCS will work cooperatively with the Grantor to develop
and implement a revised conservation plan. The provisions of this
section apply to the highly erodible land conservation requirements of
the Farm and Ranch Lands Protection Program and are not intended to
affect any other natural resources conservation requirements to which
the Grantor may be or become subject.
3.12 Drainage
• The use of the Protected Property for a leaching or sewage
disposal field shall be prohibited. The use of the Protected Property for
a drainage basin or sump shall be prohibited, except in accordance
with sound agricultural management practices and the Conservation
Plan and in order to control flooding or soil erosion on the Protected
Property.
.13 C?evelgpment Rim
The use of the acreage of this Protected Property for purposes of
calculating lot yield on any other Protected Property shall be
prohibited. Grantor hereby grants to Grantee all existing development
rights (and any further development rights that may be created
through a rezoning of the Protected Property) on the Protected
Property, except for the right to use the Protected Property for
agricultural production as set forth in Article Four below and the right
to construct, maintain and replace any pre-existing structures, and to
construct new structures, as such rights may be provided in Section
4.06, and the parties agree that any other such development rights
shall be terminated and extinguished and may not be used or
transferred to any other parcels.
12
• 3.14 Roads; Access to Protected Propegy
Existing roads, as identified in the Baseline Documentation
Report may be maintained and repaired in their current state. New
roads may be constructed only if they are necessary for agricultural
operations on the Protected Property. Paved roads are subject to the
impervious limitation in section 3.07.
Access to the Protected Property is subject to a Declaration of
Covenants and Restrictions, recorded simultaneously with this
Easement.
315 Fences
Existing fences may be repaired and replaced and new fences
built on the Protected Property as necessary for agricultural operations
on the Protected Property, including customary management of
livestock and to delineate the boundary of the Protected Property,
subject to applicable provisions of the Town Code.
: .16 Motorized Vehicle Use
• Grantor may not use motor vehicles on the Protected Property or
grant permission for such use except as necessary in the
accomplishment of the agricultural, forestry, habitat management, law
enforcement and public safety, or other permitted uses of the
Protected Property, provided that no use of motorized vehicles may
create impacts that are detrimental to the productivity of the soils on
the Protected Property and the purposes of this Conservation
Easement; however, notwithstanding the foregoing, use of
snowmobiles on snow is allowed on the Protected Property.
3.17 Industrial or Commercial Uses
The establishment of any commercial or industrial facilities is
prohibited (other than those necessary in the operation or uses of the
Protected Property expressly permitted by this Conservation Easement
Deed) including but not limited to, commercial feed lot, any retail sales
or service business, restaurant, night club, campground, trailer park,
motel, hotel, commercial recreation facility, gas station, retail outlet,
or facility for the manufacture or distribution of any product, other
than products to be grown or produced on the Protected Property in
connection with the purposes expressly permitted in this Conservation
Easement Deed.
13
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownership
Subject to the provisions of ARTICLE THREE, Grantor shall retain
all other rights of ownership in the Protected Property, some of which
are more particularly described in this ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession
of the Protected Property.
4.03 Use
Grantor shall have the right to use the Protected Property in any
manner and for any purpose consistent with and not prohibited by this
Easement, as well as applicable local, State, or federal law. Grantor
shall have the right to use the Protected Property for uses,
40 improvements and activities permitted by the Town Code, now or in
the future, on agricultural lands protected by a development rights
easement or other instrument, including, but not limited to farmstands
and for educational or training programs related to agricultural
production or activities.
Grantor shall also have the right to use the Protected Property for
traditional private recreational uses, provided such recreational uses
are conducted for the personal enjoyment of Grantor, are compatible
with farming, and are otherwise consistent with and do not derogate
from or defeat the Purpose of this Easement or other applicable law.
These uses shall not be offered or provided for sale or for other
commercial purposes, including the commercial gain of Grantor or
others.
4.04 Landscaping Activities
Grantor shall have the right to continue the current and/or
customary modes of landscaping, pruning and grounds maintenance
on the Protected Property as evidenced by the documentation set forth
in Section 0.05. Grantor shall have the right to remove or restore
trees, shrubs, or other vegetation when dead, diseased, decayed or
damaged or interfering with agricultural production, to clear wooded
14
• areas for agricultural production in accordance with the Town Code, to
thin and prune trees to maintain or improve the appearance of the
Protected Property, and to mow the Protected Property.
4.05 Agricultural Production and Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is presently referenced in §247 of the General
Municipal Law and/or defined in Chapter 70 of the Town Code, now, or
as Chapter 70 may be amended, and including the production of crops,
livestock and livestock products as defined in §301(2)(a)-(j) of the
Agriculture and Markets Law, now, or as §301(2)(a)-(j) may be
amended, provided said amended provisions are inherently similar in
nature to those crops, livestock and livestock products included as of
the date of this Easement. No future restrictions in said laws and/or
Code or limitation in the definitions set forth in said laws and/or Code
shall preclude a use that is permitted under the current law and/or
Code.
Grantor may offer "U-Pick" operations and/or the use of a corn
or other crop maze to the general public, provided such activities are
• conducted in conjunction with seasonal harvests, do not interfere with
agricultural production and are otherwise consistent with and do not
derogate from or defeat the Purpose of this Easement or other
applicable laws.
Notwithstanding the definition of agricultural production in
Chapter 70 of the Town Code or any successor chapter, structures
shall be prohibited, except as set forth in §4.06 herein and as
permitted by the Town Code now or in the future on agricultural lands
protected by a development rights easement or other conservation
instrument, including but not limited to farmstands.
4.06 Structures
A. Allowable Improvements. Grantor shall have the right to
erect and maintain the following structures and improvements on the
Protected Property, as may be permitted by the Town Code, now or as
may be amended, and subject to the approval of the Town of Southold
Land Preservation Committee, provided the structures are consistent
with and do not derogate from or defeat the Purpose of this Easement
or other applicable laws:
15
M Underground facilities used to supply utilities
solely for the use and enjoyment of the Protected
Property and agricultural operations on adjacent
properties;
(ii) Construction of new structures, including a wind
turbine, provided such structures are necessary
for or accessory to agricultural production; Lot
coverage with impervious surfaces shall be limited
to 7 (seven) percent of the area of the Protected
Property;
(iii) Renovation, maintenance and repairs of any
existing structures or structures built or permitted
pursuant to this Section 4.06, provided the
primary purpose of the structure remains
agricultural;
(iv) Any improvement excluded from the definition of
"structure" in Section 1.02.
• B. Conditions. Any allowable improvements shall protect
prime agricultural soils, agricultural production, open space and scenic
vistas, and otherwise be consistent with the Purpose of this Easement.
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent
with the purposes intended herein, and construction of any such
improvement shall minimize disturbances to the environment. Grantor
shall employ erosion and sediment control measures to mitigate any
storm water runoff, including but not limited to minimal removal of
vegetation, minimal movement of earth and minimal clearance of
access routes for construction vehicles.
D. Replacement of Improvements. In the event of damage
resulting from casualty loss to an extent which renders repair of any
existing improvements or improvements built or permitted pursuant to
this Section 4.06 impractical, erection of a structure of comparable
size, use, and general design to the damaged structure shall be
permitted in kind and within the same general location, subject to the
review and written approval of Grantee, pursuant to applicable
provisions of the Town Code.
16
• 4.07 Notice
Grantor shall notify Grantee, in writing, before the construction
of any permanent or temporary structures as permitted in Section
4.06 herein and shall file all necessary applications and obtain all
necessary approvals that may be required by this Easement or by the
Town Code, and shall provide documentation as may be required for
such applications.
4.08 Alienability
Grantor shall have the right to convey, mortgage or lease all of
its remaining interest in the Protected Property but only subject to this
Easement. Grantor shall promptly notify Grantee and the United
States Secretary of Agriculture of any conveyance of any interest in
the Protected Property, including the full name and mailing address of
any transferee, and, in the case of a transfer to an entity, the
individual principals thereof. The instrument of any such conveyance
shall specifically set forth that the interest thereby conveyed is subject
to this Easement, without modification or amendment of the terms of
• this Easement, and shall incorporate this Easement by reference,
specifically setting for the date, office, liber and page of the recording
hereof. The failure of any such instrument to comply with the
provisions hereof shall not affect Grantee's rights hereunder.
4.09 Further Restriction
Nothing in this Easement shall prohibit or preclude Grantor from
further restricting the use, improvements or structures on the
Protected Property. Any such further restrictions shall be consistent
with and in furtherance of the general intent and purpose of this
Easement as set forth in Section 0.03.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments
and other governmental or municipal charges, which may become a
lien on the Protected Property, including any taxes or levies imposed
to make those payments subject, however, to Grantor's right to grieve
17
• or contest such assessment. The failure of Grantor to pay all such
taxes, levies and assessments and other governmental or municipal
charges shall not cause an alienation of any rights or interests
acquired herein by Grantee.
5.02_ General Indemnification
Grantee and the United States have no obligations whatsoever,
express or implied, relating to the use, maintenance or operation of
the Protected Property. Grantee's or the United States' exercise of, or
failure to exercise, any right conferred by this Easement shall not be
deemed to be management or control of the activities on the Protected
Property. Grantee shall not be liable to Grantor for injuries or death to
persons or damage to property or any other harm in connection with
Grantee's administration and/or enforcement of this Easement, unless
such harm is due to the negligence of Grantee or its agents, in which
case liability shall be apportioned accordingly.
Grantor shall indemnify and hold harmless Grantee and the
United States, their employees, agents and assigns from any and all
liabilities, claims, demands, losses, expenses, damages, fines, fees,
• penalties, suits, proceedings, actions and costs of actions, sanctions
asserted by or on behalf of any person or governmental authority, and
other liabilities (whether legal or equitable in nature and including,
without limitation, court costs, and reasonable attorneys' fees and
attorneys' fees on appeal) to which Grantee or the United States may
be subject or incur relating to the Protected Property, which may arise
from, but are not limited to, Grantor`s negligent acts or omissions or
Grantor's breach of any representation, warranty, covenant, or
agreements contained in this instrument, or violations of any Federal,
State or local laws, including all Environmental Laws, as defined below.
5.02A Environmental Warranty
" Environmental Law" or "Environmental Laws" means any and all
Federal, State, local or municipal laws, rules, orders, regulations,
statutes, ordinances, codes, guidelines, policies or requirements of any
governmental authority regulating or imposing standards of liability or
standards of conduct (including common law) concerning air, water,
solid waste, hazardous materials, worker and community right-to-
know, hazard communication, noise, radioactive material, resource
protection, subdivision, inland wetlands and watercourses, health
• protection and similar environmental health, safety, building and land
use as may now or at any time hereafter be in effect.
18
"Hazardous Materials" means any petroleum, petroleum
products, fuel oil, waste oils, explosives, reactive materials, ignitable
materials, corrosive materials, hazardous chemicals, hazardous
wastes, hazardous substances, extremely hazardous substances, toxic
substances, toxic chemicals, radioactive materials, infectious materials
and any other element, compound, mixture, solution or substance
which may pose a present or potential hazard to human health or the
environment.
Grantor warrants that it is in compliance with, and shall remain
in compliance with, all applicable Environmental Laws. Grantor
warrants that there are no notices by any governmental authority of
any violation or alleged violation of, non-compliance or alleged non-
compliance with or any liability under any Environmental Law relating
to the operations or conditions of the Protected Property. Grantor
further warrants that it has no actual knowledge of a release or
threatened release of Hazardous Materials on, at, beneath or from the
Protected Property, as such substances and wastes are defined by
applicable Federal and State law.
• Moreover, Grantor hereby promises to hold harmless and
indemnify the Grantee and the United States against all litigation,
claims, demands, penalties and damages, including reasonable
attorneys' fees, arising from or connected with the release or
threatened release of any Hazardous Materials on, at, beneath or from
the Protected Property, or arising from or connected with a violation of
any Environmental Laws by Grantor or any other prior owner of the
Protected Property. Grantor's indemnification obligation shall not be
affected by any authorizations provided by Grantee or the United
States to Grantor with respect to the Protected Property or any
restoration activities carried out by Grantee at the Protected Property;
provided, however, that Grantee shall be responsible for any
Hazardous Materials contributed after this date to the Protected
Property by Grantee.
5.03 Grounds Maintenance Re uirement
If Grantor leaves the Protected Property open and does not
engage in agricultural production for two (2) consecutive years, then
Grantor shall implement a Natural Resources Conservation Plan (the
"Plan") approved by Grantee, including the Land Preservation
Committee, to maintain or restore the Protected Property to the
condition in which it existed on the date of this Easement, as
19
• evidenced by the documentation referred to in Section 0.05, in order
to protect the environmental, natural, scenic, conservation and
agricultural values of the Protected Property. This shall not include
restoration of trees on formerly wooded areas, which were cleared for
agricultural production. In the event Grantor fails to comply with the
provisions of this section after reasonable written notice is given to
Grantor by Grantee, then, in addition to all other remedies set forth
herein, Grantee or its agents are hereby authorized to enter upon the
Property to implement the Plan, and to recover the costs of such
implementation from Grantor, as provided in Section 5.02 and Section
6.03.
ARTICLE SIX
GRANTEES TEE'S RIGHT'S
6.01 'Entry and Inspection
Grantee shall have the right to enter upon the Protected
Property at reasonable times, upon prior notice to Grantor, and in a
manner that will not interfere with Grantor's quiet use and enjoyment
of the Protected Property, for the purpose of inspection to determine
whether this Easement and its purposes and provisions are being
upheld, and not more frequently than annually without Grantor's
consent. Representatives of the United States Department of
Agriculture shall also have the right to enter the Protected Property for
monitoring conservation plan implementation, upon prior notice to
Grantor and not more frequently than annually without Grantor's
consent. Grantee shall not have the right to enter upon the Protected
Property for any other purposes, except as provided in Section 5.03
and 6.03, or to permit access upon the Protected Property by the
public.
.02 Restoration
In addition to Grantee's remedies under Section 5.03, Grantee
shall have the right to require the Grantor to restore the Protected
Property to the condition required by this Easement and to enforce this
right by any action or proceeding that Grantee may reasonably deem
necessary. However, Grantor shall not be liable for any changes to the
Protected Property resulting from causes beyond the Grantor's control,
including, without limitation, fire, flood, storm, earth movement, wind,
weather, disease, animal or pest action, or from any prudent action
taken by the Grantor under emergency conditions to prevent, abate,
20
or mitigate significant injury to persons or to the Protected Property or
crops, livestock or livestock products resulting from such causes.
6.03 _ nforcem nt Rights of Grantee
Grantor acknowledges and agrees that Grantee's remedies at
law for any violation of this Easement may be inadequate. Therefore,
in addition to, and not as a limitation of, any other rights of Grantee
hereunder at law or in equity, in the event any breach, default or
violation of any term, provision, covenant or obligation on Grantor's
part to be observed or performed pursuant to this Easement is not
cured by Grantor within thirty (30) days' written notice thereof by
Grantee (which notice requirement is expressly waived by Grantor with
respect to any such breach, default or violation which, in Grantee's
reasonable judgment, requires immediate action to preserve and
protect any of the agricultural values or otherwise to further the
purposes of this Easement), Grantee shall have the right at Grantor's
sole cost and expense and at Grantee's election:
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii) To enter upon the Protected Property and exercise
reasonable efforts to terminate or cure such breach,
default or violation and/or to cause the restoration of that
portion of the Protected Property affected by such breach,
default or violation to the condition that existed prior
thereto, or
(iii) To enforce any term, provision, covenant or obligation in
this Easement or to seek or enforce such other legal
and/or equitable relief or remedies as Grantee deems
necessary or desirable to ensure compliance with the
terms, conditions, covenants, obligations and purposes of
this Easement; provided, however, that any failure, delay
or election to so act by Grantee shall not be deemed to be
a waiver or a forfeiture of any right or available remedy on
Grantee's part with respect to such breach, default, or
violation or with respect to any other breach, default or
violation of any term, condition, covenant or obligation
under this Easement.
•
21
The cure period in the Section 6.03 may be extended for a
reasonable time by Grantee if such restoration cannot reasonably be
accomplished within thirty (30) days.
Grantor shall pay either directly or by reimbursement to Grantee
and/or to the United States of America, all reasonable attorneys' fees,
court costs and other expenses incurred by Grantee or the United
States of America (herein called "Legal Expenses") in connection with
any proceedings under this Section, as approved by the Court.
Under this Grant of Development Rights Easement, the United
States is granted the right of enforcement in order to protect the
public interest. The Secretary of the United States Department of
Agriculture (the Secretary) or his or her assigns, on behalf of the
United States, may exercise this right of enforcement under any
authority available under State or Federal Law if the Town of Southold,
or its successors or assigns, fails to enforce any of the terms of this
instrument, as determined in the sole discretion of the Secretary.
6.04 Notice
All notices required by this Easement must be written. Notices
shall be delivered by hand or by registered or certified mail, return
receipt requested, with sufficient prepaid postage affixed and with
return receipts requested. Mailed notice to Grantor shall be addressed
to Grantor's address as recited herein, or to such other address as
Grantor may designate by notice in accordance with this Section 6.04.
Mailed notice to Grantee shall be addressed to its principal office,
recited herein, marked to the attention of the Supervisor and the Town
Attorney, or to such other address as Grantee may designate by notice
in accordance with this Section 6.04.
Where notice is required to the United States of America or to
the NRCS, such notice shall be delivered to U.S. Department of
Agriculture, NRCS, c/o Commodity Credit Corporation, State
Conservationist, The Galleries of Syracuse, 441 South Salina Street,
Suite 354, Syracuse, New York 13202-2450. Notice to the NRCS shall
be deemed notice to the United States of America.
Notice shall be deemed given and received as of the date of its
manual delivery or three business days after the date of its mailing.
22
• 6.05 No wWaiver
Grantee's exercise of one remedy or relief under this ARTICLE
SIX shall not have the effect of waiving or limiting any other remedy or
relief, and the failure to exercise or the delay in exercising any remedy
shall not constitute a waiver of any other remedy or relief or the use of
such other remedy or relief at any other time.
6.06 Extin.gu i hmgr t_of Easen�en_�ndernnatioQnn
The interest of the United States in this Easement is a vested
property right that cannot be condemned by State or local
governments and may not be extinguished, terminated or condemned
without the express written consent of the United States. No
proceeding to extinguish, terminate or condemn this Easement in
whole or in part shall be commenced without advance notice to NRCS
and the express written consent of the United States.
At the mutual request of Grantor and Grantee and the United
States of America, a court with jurisdiction may, if it determines that
conditions surrounding the Protected Property have changed so much
that it becomes impossible to fulfill the Purpose of this Easement
described in Section 0.03, extinguish or modify this Easement In
accordance with- applicable law. The mere cessation of farming on the
Protected Property shall not be construed to be grounds for
extinguishment of this Easement.
If at any time the Protected Property or any portion thereof shall
be taken or condemned by eminent domain, then this Easement shall
terminate with respect to the Protected Property, or portions thereof
so taken or condemned, and the Protected Property shall not be
subject to the limitations and restrictions of this Easement. In such
event, NRCS will collect Commodity Credit Corporation's share of the
conservation easement based on the appraised fair market value of
the conservation easement at the time the easement is extinguished,
terminated or condemned. The Commodity Credit Corporation's share
will be in proportion to its percentage of original investment. In the
event of a condemnation action, approved and consented to by the
United States, the Grantor, its successors or assigns, shall not be
required to pay any penalties.
23
• ARTICLE SEVEN
MISCELLANEOUS
.,,fib„ . Entire Understanding,
This Easement contains the entire understanding between the
parties concerning its subject matter. Any prior agreement between
the parties concerning its subject matter shall be merged into this
Easement and superseded by it.
7.02 Amendment
This Easement is made with the intention that it shall qualify as
a conservation easement in perpetuity under Code Section
170(h). The parties agree that amendments to the provisions of this
Easement may be permitted by Grantee if such amendment shall be
necessary to entitle Grantor to meet the requirements of Code Section
170(h) and/or to enable Grantee to amplify the public benefits
attributable to this Easement.
• This Easement can be amended and modified only in accordance
with the common and statutory laws of the State of New York
applicable to the modification of easements and covenants running
with the land. Grantee and Grantor shall mutually have the right to
agree to amendments to this Easement, with the written approval of
the Secretary of the United States Department of Agriculture, provided
however, that Grantee shall have no right or power to agree to any
amendment hereto that would result in this Easement failing to qualify
as a valid conservation easement under Article 49, Title 3 of the
Environmental Conservation Law of the State of New York, as the
same may be hereafter amended, or any regulation issued pursuant
thereto.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be
alienated except pursuant to the provisions of Chapter 70 of the Town
Code or any successor chapter and other applicable laws, upon the
adoption of a local law authorizing the alienation of said rights and
interest, following a public hearing and, thereafter, ratified by a
• mandatory referendum by the electors of the Town of Southold. No
subsequent amendment of the provisions of the Town Code shall alter
24
• the limitations placed upon the alienation of those property rights or
interests which were acquired by the Town prior to any such
amendment. The United States of America shall also consent to any
such alienation.
In addition to the limitations set forth above, Grantee shall have
the right, subject to the provisions of Section 6.03 (Enforcement
Rights of Grantee) herein, to transfer all or part of this Easement to
any public agency, or private non-governmental organization, that at
the time of transfer is a "qualified organization" under §170(h) of the
Internal Revenue Code, provided that transferee expressly agrees to
assume the responsibility imposed on the Grantee by this Easement.
Any easement transfer must be approved by the Grantor or any
subsequent owner, and the United States Department of Agriculture,
NRCS. If the Grantee ever ceases to exist, a court of competent
jurisdiction may transfer this Easement to another qualified public
agency that agrees to assume the responsibilities imposed by this
Easement. The United States Department of Agriculture, NRCS, will be
notified in writing in advance of such transfer. The NRCS State Office
must approve the choice of any new non-governmental organization in
• advance of any transfer of this Easement.
7.04 Severxbility
Any provision of this Easement restricting Grantor's activities,
which is determined to be invalid or unenforceable by a court, shall not
be invalidated. Instead, that provision shall be reduced or limited to
whatever extent that court determines will make it enforceable and
effective. Any other provision of this Easement that is-determined to
be invalid or unenforceable by a court shall be severed from the other
provisions, which shall remain enforceable and effective.
7_.m05 Goverrino
New York law applicable to deeds to and easements on land
located within the State of New York shall govern this Easement in all
respects, including validity, construction, interpretation, breach,
violation and performance.
7.06 interpretatigLij
• Regardless of any contrary rule of construction, no provision of
this Easement shall be construed in favor of one of the parties because
25
it was drafted by the other party's attorney. No alleged ambiguity in
this Easement shall be construed against the party whose attorney
drafted it. If any provision of this Easement is ambiguous or shall be
subject to two or more interpretations, one of which would render that
provision invalid, then that provision shall be given such interpretation
as would render it valid and consistent with the purposes of this
Easement. Any rule of strict construction designed to limit the breadth
of the restrictions on use of the Protected Property shall not apply in
the construction or interpretation of this Easement, and this Easement
shall be interpreted broadly to effect the purposes of this Easement as
intended by the parties. The parties intend that this Easement, which
is by nature and character primarily negative in that Grantor has
restricted and limited its right to use the Protected Property, except as
otherwise recited herein, be construed at all times and by all parties to
effectuate its purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall it be
interpreted to grant, to the public, any right to enter upon the
Protected Property, or to use images of the Protected Property.
• Grantee may use images of the Protected Property only for non-
commercial reporting of this Easement.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 Recording
Grantee shall record this Easement in the land records of the
office of the Clerk of the County of Suffolk, State of New York.
7.10 Headings
The headings, titles and subtitles herein have been inserted
solely for convenient reference, and shall be ignored in its
construction.
7.11Proceeds
• The grant of this Easement gives rise to a property right,
immediately vested in Grantee and the United States, which, for
26
purposes of calculating proceeds from a sale or other disposition of the
Protected Property as contemplated under Section 6.06
(Extinguishment of Easement), shall have a value equal to a
percentage of the value of the Protected Property unencumbered by
this Easement (the "Proportionate Share"). If this Conservation
Easement is extinguished, terminated, or condemned, in whole or in
part, then the Grantor must reimburse the Grantee an amount equal
to the greater of 1) the Proportionate Share of the fair market value of
the Protected Property unencumbered by this Conservation Easement
at the time of conveyance or 2) the value of the conservation
easement based on the appraised fair market value of the
conservation easement at the time the easement is extinguished or
terminated. However, NRCS will collect the Commodity Credit
Corporation's share of the conservation easement based on the
appraised fair market value of the conservation easement at the time
the easement is extinguished or terminated. The Commodity Credit
Corporation's share will be in proportion to its percentage of original
investment.
7.12 Mgrger
• In the event that the Grantee(s) or the United States takes legal
title to Grantor's interest in the Protected Property, the Grantee must
commit the monitoring and enforcement of the Conservation Easement
to another qualified organization within the meaning of Section
107(h)(3) of the United States Internal Revenue Code (1986), as
amended, which organization has among its purposes the conservation
and preservation of land and water areas.
7.13 Subse uent Liens on Protected Pra ert
No provision of this Conservation Easement should be construed
as prohibiting the ability of Grantor to use the Protected Property as
collateral for a subsequent borrowing. Any subsequent liens on the
Protected Property must be subordinate to this Conservation
Easement.
•
27
that by his signature on the instrument, the individual, or the person
upon behalf of which the individual acted, executed the instrument.
`' KWERLEY A.GLENN
Notary Publi Notary Public
No.D1 GL5089252
p*of Onondaga,State of N.Y.
Commission mission Exp, es.Ole
TATE OF NEW YO RK ) Dooamber S,
NTY OF SUFFOLK ) SS:
On the day of in the year 2014 before me, the
undersigned, rsonally appeared Sean Moffat, personally known to me
or proved to me the basis of satisfactory evidence to be the individual
whose name is subs c . ed to the within instrument and acknowledged to
me that he executed the me in his capacity, and that by his signature
on the instrument, the indiv al, or the person upon behalf of which the
individual acted, executed the i rument.
Signature/office of indiv al taking acknowledgement
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this 36 day of��_ _ in the year 2014 before me, the
undersigned, personally appeared Scott A. Russell, personally known
to me or proved to me on the basis of satisfactory evidence to be the
individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and
that by his signature on the instrument, the individual, or the person
upon behalf of which the individual acted, executed the instrument:
Notary Public
os Plew Yodt
in
29
IN WITNESS WHEREOF, Grantor has executed and delivered and
Grantee has accepted and received this Grant of Development Rights
Easement on the day and year set forth above.
ACKNOWLEDGED AND ACCEPTED:
Moffat Farm North, LLC, Grantor
y SP&C."t"Atf
BY: Sean CMoffat, Managing Member a-kje�e-j�'
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUT LD, Grantee
BY:
SCOTT A. RUSSELL, SUPERVISOR
Acceptance of Property Interest by the Natural Resources
Conservation Service
The Natural Resources Conservation Service, United States
Department of Agriculture, an agency of the United States
Government, hereby accepts and approves the foregoing Grant of
Development Rights Easement, and the rights conveyed therein, on
behalf of the United States of America.
Au I thorizeditignatory for the NRCS
Gregory A. Kist, Acting State Conservationist
STATE OF NEW YORK )
COUNTY OF Llai �) SS:
On this 9" day of 016kA in the year 2014 before me, the
undersigned, personally appeared Gregory A. Kist, personally known to
me or proved to me on the basis of satisfactory evidence to be the
• individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and
28
CALIFORNIA ALL-PURPOSE
CERTIFICATE- F ACKNOWLEDGMENT
ENT
State of California
County of LLCdO �_
On Q(& r(a-'(dbt4before me, PINJY) CATW h1 n Ti
(FIere insert name and(it It oft tic officer
personally appeared . �._..._
who proved to me on the basis of satisfactory evidence to be the person(o whose nameJ4) is/apt subscribed to
the within instrument and acknowledged to me that he/sy/tltd executed the same in leis/4htlir authorized
capacity(ieA and that by his/h�-/tl) tr signature(�,on the instrument the person�4, or the entity upon behalf of
which the personVacted, executed the instrument.
1 certify underPENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
,. ARUN LATA KUMAR
WITNESS my hand and official seal. . CONM.t2033037 A
0 NO
Ll
SMM COUNTY
MY Comm.Exphes JUIY 12,2017 1
{Notary S ""� "" '�
*j7—ignature afM tary'Public
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2008 Version CAPA vl2.10.07 800-873-9865 www,NotaryClasses.com
Peconic Abstract, Inc.
Title No.: 641-S-04097 amended 7122114
Schedule A Description —AMENDED 7128114
Development Rights
Easement Area
ALL that certain plot, piece or parcel of land,situate, lying and being In the
Town of Southold, County of Suffolk and State of New York, being bounded
and described as follows:
BEGINNING at a point on the westerly side of North Road (C.R.27)distant
948.60 feet southerly from the corner formed by the intersection of the
southerly side of Old North Road with the westerly side of North Road(C.R.
27); and
RUNNING THENCE along the westerly side of North Road (C.R. 27)the
following (3)courses and distances:
1) South 19 degrees 36 minutes 50 seconds West, 98.63 feet;
• 2) Along the arc of a curve bearing to the right having a radius of 2259.00
feet, a distance along said curve of 228.92 feet; and
3) Along an arc of a curve bearing to the right having a radius of 2259.00
feet, a distance along said curve of 45.00 feet to the true point or place
of beginning;
RUNNING THENCE along the westerly side of North Road (C.R. 27)along an
arc of a curve bearing to the right having a radius of 2259.00 feet,a distance
along said curve of 299.84 feet to a concrete monument and Town of Southold
Development Rights;
RUNNIING THENCE along said land and continuing along lands now or
formerly of Vanduzer Appliance Company, Inc.the following(3)courses and
distances:
1) North 87 degrees 49 minutes 50 seconds West,414.72 feet;
2) North 7 degrees 08 minutes 00 seconds West, 30.35 feet;
3) South 79 degrees 15 minutes 00 seconds West, 892.99 feet to a
monument and other lands of the Town of Southold Development
Rights;
Continued.....
Title No.: 641-S-04097
Schedule A Description continued.....
Development Rights
Easement Area
THENCE along said land, North 11 degrees 34 minutes 10 seconds West,
935.30 feet to a monument and land now or formerly of Suffolk County
(Development Rights);
THENCE along said land, North 88 degrees 35 minutes 30 seconds East,
752.23 feet to a monument and land now or formerly of Bertschl and Gilmore;
THENCE along said land the following (2) courses and distances:
1) South 5 degrees 53 minutes 10 seconds West, 315.00 feet;
2) North 79 degrees 12 minutes 50 seconds East, 375.18 feet to land now
or formerly of Saragas;
THENCE along said lands, North 78 degrees 53 minutes 10 seconds East,
73.75 feet to the Reserved Area;
THENCE along said Reserved Area the following (2)courses and distances:
1) South 2 degrees 10 minutes 10 seconds West, 318.28 feet;
2) South 87 degrees 49 minutes 50 seconds East,502.94 feet to the
westerly side of North Road(C.R.27)and the true point or place of
BEGINNING.
DEWMOP604r EASEMO r AREA SURVEY OF PROPERTY
AArA-f0=Auer IN SOUTHOLD
TOWN OF SOUTHOLD
URA.EASENWrAWA SUFFOLK COUNTY, N.Y.
j AAFA-4AW AOCC 5000-56-OP 101
TOTAL AREA-25-5M ACES
A r: was
uLr Iz s woiw. J
OLD
MAP OF rwAe nAr NORTH ROAD
CWSMUD CONSOtvA7rcv�
SLgnvsew
w na rra.r
folo
sow
F
7r'A
l
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(
Lot 2
CDOMED TM
� VILE COWAMr OF NEW YOW(6I1-5-04007)
MOFFAT fAR4 M NIK LLC
PAW
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Air
RNr 6 srounl ff BE tar Mow 7 !' - AS
scato t
3Q.
Am
04 2AWW PC
(7t) FAX")765--1797
s z " ۥ' TOTAL PARCEL.AREA`95.52"ACRES prL
tom=AA€ Atr AAA . 3Z. rRA
ASR 4-070
ryp y wD
OFFICE LOCATION: ���„4 � MAILING ADDRESS
Town Hall Annex j ''I "Al P.O. Box 1179
54375 State Route 25 ` Southold,NY 11971
(cor.Main Rd.&Youngs Ave.) Telephone: 631-765-1938
Southold,NY www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Accounting
From: Planning Department
Date: April 4, 2025
Re: Check
Please deposit the attached check into B691: Deferred Revenue. Fee is for a Lot Line
Change Application not yet accepted by the Planning Board.
Thank you.
Project Name & Typ..�..�e. . ..... ... _w..Ta.X..,,Ma..p...._.#........_. Amount..�.. check gate & Number.w.
�
�Koslosky Resubdivision....................................... 55.-2-1.1.wv.1...w.1.0_.3._. $50.0..,..00w.www. w3/25/202.5..._.... ..22.4.............
& 10.4
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Aft.
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1-21210 224
FLOWERS&FLORES FARM LLC
440 HAYWATERS RD.
CUTCHOGUE,NY 119352606 DATE �2.............PAY TO THE
...
DOtk.Ah15
� CAI
CHASE
JPMorgan Chase Bank,N.A.
wwwChase.comgym'"'
........... ..,_..
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