HomeMy WebLinkAbout1000-55.-2-10.3 & 11.1 MAILING ADDRESS:
PLANNING BOARD I► MEMBERSP.O. Box 1179
A /IE H.RICH III Southold, NY 11971
J
Chairman
OFFICE LOCATION:
MIA JEALOUS-DANK Town Hall Annex
PIERCE RAFFERTY 54375 State Route 25
MARTIN H.SIDO ' �� Main(cor. 1��.rn Rd. &Youngs Ave.)
DONALD J.'"gLCENSKI
Southold, NY
y
Telephone: 631765-1938
www.southoldtownny., ov
PLANNING BOARD OFFICE
TOWN OF SOUTH.OLD
MEMORANDUM
To: Leslie Lanes-Weisman, ZB A Chairperson.
Members of the Zoning:hoard of appeals
Cc: Julie McGivney, Assistant Town attorney
From: James H. Rich.III, Planning Board Chairman
Members of the Planning Board
Date: June 5, 2025
Re Z:F A# 8016: Flowers and Flores (Koslosky), 4 125 & 48455 CR 48, Southold,STY 11971
CTM#1000-55-2-11.1 & 10.3
The Planning Board has reviewed the proposed action that is seeking variance approval for:
1. Creating a 62,096.10 sq. ft. lot(2) where 80,000 sq. ft. is required in the AC Zoning
:District; and
2. Creating a lot depth of 167.40 ft, where 250 ft is required in the AC Zoning District; and
3. Approval of an accessory barn#2 located within the side yard where the rear yard is
required; and
4. approval of an accessory barn.#1 with a side yard of 3.1 ft where 20 ft is required.
The substandard and nonconforming lot area is supported.
1. The action would make a nonconforming 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 un.buiidable lands.
Thank you for this opportunity to provide comments. If you have any questions or require
additional information, please do not hesitate to contact the Planning Office.
x agc ( 1
BOARD MEMBERS qf so Southold Town Hall
Leslie Kanes Weisman,Chairperson 53095 Main Road • P.O.Box 1179
Patricia Acampora 1NC Southold,NY 11971-0959
Robert Lehnert,Jr. Ofce Location:
Nicholas Planamento , Town Annex/First Floor
Margaret Steinbuglerlri �` 54375 Main Road(at Youngs Avenue)
Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631)765-1809 `sue
{ 131 Ll l C
PR 1 5 2025
TO: Planning Board
� N�..APKNt1BOARD
FROM: Leslie K. Weisman, ZBA Chairperson
DATE: April 14, 2025
SUBJECT: Request for Comments ZBA# 8016 - Flowers & Flores Farm LLC
The ZBA is reviewing the following application. Enclosed are copies of Building
Department's Notice of Disapproval, ZBA application, current map on file. Your review
and comments are requested at this time.
The file is available for review of additional documentation at your convenience for
reference if needed.
APPLICANT Flowers & Flores Farm LLC
TAX#ZONE DIST 55.-2-10.3 & 55.-2-11.1
ZBA* 8016
HEARING DATE Thursday June 5th, 2025
CODE SECTION Art III Sec 280-14, Art III Sec 280-15
DATE OF STAMPED SURVEY/SITE PLAN September 14, 2022
PREPARER OF SURVEY/SITE PLAN Peconic Surveyors, P. C.
Thank you.
Encls.
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
NOTICE OF DISAPPROVAL
DATE: April 8, 2024
RENEWED: March 4,2025
TO: Kevin Perry(Koslosky)
PO Box 95
Orient,NY 11957
Please take notice that your application dated March 1,2024:
For a permit: for a lot line chm at:
qi e
Location of property: 4812 CR48 & 48455CR48 Southold
County Tax Map No. 1000—Section 55 Block 2 Lot 11.1 & 10.3
Is returned herewith and disapproved on the following grounds:
The pjosdlot line chan on this min_189A_% ft. lon th C_Qi9trict Opt 1 Ijand
Lhisermined�ursugntto A�qicle 1�11
Sectiop.2 80-14..which gates;
NpbuiLdin oLprgmisesshall be used and no buLldin,,qUartthereof shall be erected—or altered it.
the AC District Winless the gam�(Onfbrms tgshkmuirments of the Bulk Schedule and of
parkin. is gyn force a�ndeffe�cL4sjf such rf,_gq lgiona were set forth1jerein in
full.
Proposed Parcel 2 lot 11.1)_-BulkScheditLe xg uirgs a minimum lot_size of 80,,00O s oars feet and lot
jqp _p
Lh of 2�O feqt llowjn
—_,__Eo— IbLe pMosgd lolling chaps Parcel 2 will bq..Aon_-qonforniinZ., surin
61,0-9-6,I—gqg-ar—c--feet.with—a-lot--deLh-o—f—I 6_7.,4_Q_Lee_t
Lu rs t to Article 111 Se—et—ign 280-15 -te
ac so ba�m #j"re required t9 loqqLed in the read
�iqb�seuentto the lot line—modification. The barn w:flLbe—locateCiAihe side y4rdLA999ssox�!batnAll_h
yard setback of 20_fect but will result LikyjUA sid_e_yaawc a4b4ck of 1.1
feat following lot line modification,
lastly the"ro qspd Lot ling ova u Lres aP l rur the South ld Town Elan
Authorized Signature
Note to Applicant:Any change or deviation to the above referenced application,may require further
review by the Southold Town Building Department.
CC. ZBA Planning,Pe
APPLICATION TO THE SOUTHOL TOWN BOARD OF APPEALS
AREA VARIANCE
House No. "treat M11C7 Hamlet
.43 Aa
SCTM 1000 Section: 55 Block: 2- Lot(s) 10,S Lot Size: pl.a .4e Zone AG
I ('WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATEID r( j�,geghASED ON SURVEYISITE PLAN DATED
Owner(s):
Mailing Address:
Telephone: Fax: Email:
NOTE: in addition to the above please complete below if application is signed by applicant's attorney,agent,
architect,builder,contract vendee,etc.and name of person who agent represents:
Name of Representative: _ _ _ _ for( } Owner( ) Other:
Address:
Telephone:, _ 07 'AX: "" Email: ?�
µ
Please check to specif)r who you wish correspondence to be otailed to,from the above names.-
( ) Applicant/Owner(s), Pq Authorized Representative, ( )Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN
DATED C' and DENIED AN APPLICATION DATED t�,4i .6 FOR:
Gilding Permit .I;t6
( ) Certificate of Occupancy { ) Pre-Certificate of Occupancy
( ) Change of Use
( )Permit for As-Built Construction
(� Other:
Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance
by numbers.Do not quote the code.)
Article:. Section: Subsection:
Type of Appeal. An Appeal is made for:
A Variance to the Zoning Code or Zoning Map.
A Variance due to lack of access required by New York Town Law-Section 280-A.
( )Interpretation of the Town Code,Article Section
( )Request for Reversal or Overturn the Zoning Officer's Denial
Other
A prior appeal( ) has, �q has not been made at an time with res act to this ro art ,
UNDER Appeal No(s). Year(s).
(Please be sure to research before completing this question or call our office.for assistance)
Page 2, Area Variance Application
Revised 6/2023
RE ASONS FOR APPEAL
(Please be specy1c,additional sheets may be used with preparer's signature notarized):
1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to
nearby properties if granted,because:
bl"`lr�.l --'pfjEAoa�.
2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to
pursue, other than an area variance, because:
3.The amount of relief requested is not substantial because:
4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in
the neighborhood or district because: ��
lT V4 tlil, ,VP? "
5. Has the alleged difficulty been self created? ( J Yes,or Y'No Why:
• Are there any Covenants or Restrictions concerning this land? { ) No { Yes(please furnish a
copy)
• This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood and the health, safety and welfare of the community.
By signing this document,the PROPERTY OWNER understands that pursuant to Chapter 280-
146(B)of the Code of the Town of 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 may, upon written request prior to the date of expiration,grant
an extension not to exceed three(3)consecutive one(1 year terms. IT IS THE PROPERTY
OWNER'S RESPONSIBILITY TO ENSURE CO FIANCE WITH THE CODE REQUIRED
TIME FRAME DESCRIBED HEREIN.
Signat e o Applicant or uthorized Agent
(Agent must submit written uthorization from Owner)
Sworn to before me this 14 day CAROLINE M RrHUR
FNotary Public-State of New York
Of f �� . 20 )- NO.01MA6384635
Q,uaimed in Suftolk county
ommission Expires Dec 17,2026
Notar utic
Owners
Lot 10.3-10.4
Kevin Perry
Flowers and Flores Farm, LLC
440 Haywaters Road,
Cutchogue, NY 11935
631.323.6690
Kevin(dnorthforkflowerfarm.com
Lot 11.1
Tina Koslowsky
48125 Middle Road
Southold, NY 11971
Zoning Board of Appeals
APPLICANT'S PROJECT DESCRIPTION
APPLICANT: SCTM No. 5t3_� [I• 1 e.9>
1. For Demolition of Existing Building Areas
Please describe areas being removed:_,
H. New Construction Areas(New Dwelling or New Additions/Extensions):
Dimensions of first floor extension:
Dimensions of new second floor:
Dimensions of floor above second level:
Height(from existing natural grade):
Is basement or lowest floor area being constructed? If yes, please provide height(above ground)measured from
natural existing grade to first floor:
III.Proposed Construction Description (Alterations or Structural Changes)
(Attach extra sheet if necessary). Please describe building areas: ( ">
Number of Floors and General Characteristics BEFORE Alterations: —�
Number of Floors and Changes WITH Alterations: -
IV. Calculations of building areas and lot coverage,sky plane(From Surveyor,Design Professional):
Existing square footage of buildings on your property: r
Proposed increase of building coverage: M -
q our lot by building area(lot coverage}
Square footage y a of our lot: �w
Percentage of coverage of y
Grass Flo res t r AJ of single family dwelling including the attached garage and/or habitable detached
accessory structure: (Please refer to Chapter 280,Section 280-207 of the Town Code):
For Residential lots, is project within the allowable`ally Elks ?(Please refer to Chapter 280, Section 280-208 of
the Town Code): ~- .......
V. Purpose of New Construction:
h
VI. Please describe the land contours (flat,slope %, heavily wooded,marsh area,etc.) on your land and
how it relates to the difficulty in meeting the code requirement(s): Describe on separate page if needed:
Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for
new construction,and photos of building area to be altered with yard view.
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.
-µ° '- 99Acre to be
j moved from 10.3
Lot 10.3 to 1 1.1
evelopm nt nghts 6zrn5
reserved
/Lot 11.1
q 4' House Lot
Lot 10.4 %
Development ncght5
sold f
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. Lot 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".
S. 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(anorthforkflowerfarm.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 V:ftr A, 2014 for a part of SUM
#iti00- 5-2-10.1; 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 SCTM #1000-5 -2-11.1, an existing separate lot with
an existing residential dwelling.
Page 3 of 3
Revised 6/2023
QUESTIONNAIRE
FOR FILING WITH YOUR ZBA APPLICATION
A. Is the subject premises currently listed on the real estate market for sale?
Yes _X No
B. Are there any proposals to change or alter land contours?
No Yes,please explain on separate sheet.
C. 1.)Are there areas that contain sand or wetland grasses?
2.)Are those areas shown on the survey submitted with this application? _
3.) Is the property bulk headed between the wetlands area and the upland building area?
4.) If your property contains wetlands or pond areas, have you contacted the Office of the
BOARD OF TRUSTEES for its determination of jurisdiction?
Please confirm status of your inquiry or application with the Board of Trustees:
If issued, please attach copies of your permit listing conditions of approval with a copy of
the approved survey.
D. Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level?._uow
E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown
on the survey that you are submitting? _
If any of the aforementioned items exist on your property,please show them on a site
plan.
F. Are there any construction projects currently in process on your property?
If yes, please submit a copy of your building permit and survey as approved by the Building
Department and please describe scope of work:
G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject
premises. If none exist, please apply to the Building Department to obtain them or to obtain an
Amended Notice of Disapproval.
H. Do you or any co-owner also own other land adjoining or close to this parcel? 14o
If yes, please label the proximity of your lands on your survey and identify the Suffolk
County Tax Map No.
[. Please list present use or operations conducted at your property, and/or the proposed use
(l� ly ... '. P�P ��withgara eooiortziltel
exam les:existingsingle family, ro osed: garage.p
A ioriz signature Date
FORAM NO.A
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)
N? 5106 Z Date ...................... . ........�t .... .. 19....0
Permission is hereby granted to:. W . ,�, wewMA
..........................................................
...................jilolfil j............................... .....
to ....... .. .... .. ..... ................................... .A . �4..6...... ......:gsav
. ..... ..,... �:.... ..��::�...,... ....
.......................................................................................................................... . .
atpremises located at ... A .......aiwo..............................................................................
...,....................................... ................................................................
pursuant to application dated .......................... ............i .......... 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. .X.4091 . . . . Date . . . . . . . . . . . . .Doe . . 21. . . . . . ., 19.70
THIS CERTIFIES that the building located at .lei . .CR27. . . . . . . . . . : . . . . . Street
Map No. . .xx. . . . . . . . Block No. = . . . . . . .Lot No. . .aAe . . SauthoJA. . H.Y*. . . . . . . .
conforms substantially to the Application for Building Permit heretofore filed in this office
dated . . . . . . . . .Dea . . . 1.7 . . ., 19. .70 pursuant to which Building Permit No. . .5106Z.
dated . . . . . . . . .Dec . . . 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 . . .Privatw. accessory. •buil,d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . „ . . . . . .
The certificate is issued to . . ;9bA .1°lOf�""AV . . • . , . . . . . . . . . . . . . . . . . . . . .
(owner, lessee or tenant)
of the aforesaid building.
Suffolk County Department of Health Approval tL.r•. • . . . . . . . . • . . . . • . • .
Building Inspector
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
office of the Building Inspector
Town Hall
Southold, N.Y.
PRE EXISTING
CERTIFICATE OF OCCUPANCY
No Z-24143 Date JANUARY 30, 1996
THIS CERTIFIES that the building ONE PAMILY 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 I1
Subdivision Filed Map No. Lot No.
conforms substantially to the Requirements for a One Family Dwelling built
Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF
OCCUPANCY NUMBER Z-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 DWELLING WITH ACCESSORY 2 CAR GARAGE
The certificate is issued to JOHN NOFFAT
(owner)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A
UNDERWRITERS CERTIFICATE NO. N/A
PLUMBERS CERTIFICATION DATED N/A
*PLEASE SEX ATTACHED INSPECTION REPORT.
uitding, Inspector
Rev. 1/B1
BUILDING DEPARTMENT
TOWN OF SOUTHOLD
HOUSING CODE INSPECTION REPORT
LOCATION: 48125 COUNTY ROAD #46 SOUTHOLD, NEW YORK
numuer6 street)"_...,..-_-._...�.�.�.._.. ......�......__�,�,�.._...w....._....__v.w__.. .(municipa ity _._.........._.. .................. ....w.a
SUBDIVISION HAP NO. LOT(s)
NAMEOF OWNER (s) �.,.._�.�....70HN.....,...._. AT.�......�__._._.,,,,,... �_w...�W____.,....w..... ,.._._._._.........._..m_�.�,...._..,.................w.......................,_.
M.,......... ...........„,,. ,,._w.mmmmm__. ......ww.........._.� .w....._, �.�........w
OCCUPANCY A—] RES. �
owne�_�. ..w._. ... ........ ,....vw.
r—tenant ...._......................_
ADMITTED BY: JOHN MOFFATT ACCOMPANIED BY- SAME
" _ .._....__.
KEY AVAILABI ,.............
.w......._. ..,._ w _.w-- � C 4 AR MAP NO. 100C1 5
SOURCE OF REQUEST- M.........MAUREEN WOLFE ..- ...�...�........ .......v..... ... .�, ... ., _. 1995
DATE NOV. 24s,,,,._.�.._._..
......................._........_.,................,......................._—.._.----............— w ...,,....... ..........�. __...
FRAMESTORIES EXITS
P OF' CUNSTRUCTIOh._... fi00D. I 2 # 2
_ .m. _._........._ _.-.. ... - .... .___...... _............. ....... ..
FOUNDATION CONCRETE CELLAR FULL CRAWL SPACE
TOTAL ROOMS: IST PLR. 4 2ND FLR.
BATHROOM (a) 1-1 2 TOILET ROOM (s) UTILITY ROOM
PORCH TYPE DECK, TYPE PATIO
BREEZEWAY �_._ ........_. BK'1CK—REAR OF HOUSE
,__._..µ FIREPLACE GARAGE_
DOMESTIC UOTWATER _YES TYPE HEATER LILCO GAS......._...w.........__ AIRCONDITIONINGTYPE w..........., __. � _..,
�q mmM GAS WARM AIR HOTWATER II
HEAT LILCO ..._w_�.�.._, .. ...., _ ........._._ _ ...,, � _...m. ....... _ ,,.w,._ ...
OTHER
w
ACCESSORY STRUCTURES:Nm
GARAGE, TYPE OF CONST, 2,CAR _ FRAME STORAGE, TYPE CONST.
SWIMMING POOL GUEST, TYPE CONST.
.,..._ _,..__....._._. _..
OTHER: ......,..ww. ._........... _, ...............�... ..
__,_..--_,._,_..._
VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION 6 BUILDING CODE
_.m,_ _m.Mw,....w.... ...--- ......
It�1.PTCON...,..._.._..-.,.�.�........�..,.._.............,._—.__........�,��......vv_�.�.�.—. .�.,_..,—....W.__...,.._�_�_._.w.
_..... w............... �.�_.-_..., ......,..M......w_ ..._......�_w......_.._. ,,...........
REMARKS: BP #5106 — CO Z-4093 Accessory
,...............,__...�ww.w.,. ....M....,..w,...._..._......,...�,....._..._..... ..
INSPECTED BY DATE OF INSPECTION JAN. 29 1996
_.._—. a.
9:55 AM...
TIME START 9:40 AII........w_. END .w_.... ._...n .....
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
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#: 50163 Date: 12/27/2023
Permission is hereby granted to:
Flowers & Flores Farm LLC _-----
440 Haywaters Rd _w.. .........--- -
Cutcho ue NY 11935
To: construct an unconditioned agricultural storage building as applied for per Planning
approval.
At premises located at:
48455 CR 48 Southold --
SCTM #473889 _- -
Sec/Block/Lot# 55.-2-10.3 __..ww..............
m_ .
Pursuant to application dated 1 Oil 8/2023 µ and approved by the Building Inspector.
To expire on 61271,2025.
Fees: --
FARM BUILDING-NEW $200.00
CERTIFICATE OF OCCUPANCY $100.00
Total: $300.00
Bull g nsp or
1 'ft Town of Southold 6/27/2022
P.O.Box 1179
53095 Main Rd
�y Southold,New York 11971
w
_....._.._ _......_.....,_.............._w_........
CERTIFICATE OF OCCUPANCY
No: 43190 Date: 6/22/2022
THIS CERTIFIES that the building ELECTRICAL
Location of Property: 48455 CR 48, Southold
SCTM#: 473889 Sec/Block/Lot: 55.2-10.3
Subdivision: Filed Map No. Lot No.
Wmm
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:
209-gmp.jmderground electric service for farm.
Corrected 6/2 a2`0 p r! y qki�bcr 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
AGRICULTURAL DATA STATEMENT
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
WHEN TO USE THIS FORM. This form must be completed by the applicant for any.special use
perrrtit,site plait approval, use variance,area variance or subdivision approval on property within
an agricultural district OR within 500feet of a farttt operation located its all agricultural district.
All applications requiring an agricultural data statement roast be referred to the Suffolk County
,Department of Planning in accordance with Section 239111 and 239n of the general Municipal
Law.
l. Name of Applicant:.
2. Address of Applicant:__----, �-
3. Name of Land Owner(if other than �-
4. Address of Land Owner:_ _ _ -
5. Description of Proposed Project: _ r '` �' ._ - ' At � ._
6. Location of Property: (Road and Tax map Number)........
�w
T Is the parcel within 500 feet of a farm operation? �4 Yes { ) No
& Is this parcel actively farmed? Y-} Yes { } No
9, Name and addresses of any owner(s)of land within the agricultural district containing active
farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board
Staff, it is your responsibility to obtain the current names and mailing addresses from the Town
Assessor's Office(765-l 937)or from the Real Property Tax Office located in Riverhead.
U,:::�
AQTT
2.
4. L _...m �. ... .!_ ._�.........� _. ........._.__..w�. _�.... _.w_._._....... ... .,
5. .�_ .............. w...... _._w,_.. µ .. .w., .....,. w_M.a w. _ _._.... .�.,.. . ..,_....._._ _..
6../uset
. ._. .. _.... .m.....�..�._.,_w. .... ..._...(Please bac of this page if there are additional property owners)
Date
Sig;natup icant
Note:
I.The local Board will solicit comments from the owners of land identified above in order to consider the
effect of the proposed action on their farm operation. Solicitations will be trade by supplying a copy of
this statement.
2. Comments returned to the local Board will be taken into consideration as part as the overall review of
this application.
3. Copies of the completed Agricultural Data Statement shall be sent by applicaxtt to the property owners
identified above. The cost for mailing shall be paid by the Applicant at the time the application is
submitted for review.
617.20
Appendix B
Short Environmental Assessment Form
Instructions for Com hill
Part I --Project.Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses
become part of the application for approval or funding,are subject to public review,and may be subject to further verification.
Complete Part I based on information currently available. if additional research or investigation would be needed to fully
respond to any item,please answer as thoroughly as possible based on current information_
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful
to the lead agency;attach additional pages as necessary to supplement any item.
Part 1-Project and Sponsor Information
Name of Action or Project:
Project Location(describe,and attach a location map):
Brief Description of Proposed Action:
Name of
-Applicant or Sponsor:✓ Telephone:��
E-Mail:
Address: IiL.G l�
City/PO: State: Zip Code:
1.Does the proposed action only involve the legislative adoption of a plan,local law,ordin oe, 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 proposedaction 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? C 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.
❑Urban ❑Rural(non-agriculture) ❑Industrial o Commercial XAResidential(suburban)
❑Forest X Agriculture ❑Aquatic Q Other(specify):
❑Parkland
Page 1 of 4
5. Is the proposed action, NO YES N/A
a.A permitted use under the zoning regulations? x
b.Consistent with the adopted comprehensive plan? X
6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES
landscape? 3 C
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:
8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES
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.Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies:
wwwww ,� x
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water: �w
11.Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment:.
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? X
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
❑Shoreline ❑Forest Agricultural/grasslands ❑Early mid-successional
❑ Wetland ❑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❑YES
b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)?
If Yes,briefly describe: ❑NO❑YES
Page 2 of 4
18.Does the proposed action include construction or other activities that result in the impoundment of NO YES
water or other liquids(e.g.retention pond,waste lagoon,dam)?
If Yes,explain purpose and size:
19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES
solid waste management facility?
If Yes,describe:
20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongo]orNO YES
completed)for hazardous waste?
If Yes,describe:µ�wµ
I AFFIRM THA THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponso ame: Date: AW2
Signature:
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? 7`
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 x
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 enM conservation or renewable energy opportunities?
7. Will the proposed action impact existing: X
a.public/private water supplies?
b.public/private wastewater treatment utilities? X
8. Will the proposed action impair the character or quality of important historic,archaeological,
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, u
waterbodies,groundwater,air quality,flora and fauna)? /
Page 3 of 4
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 J
problems? /�
11. Will the proposed action create a hazard to environmental resources or human health? X
Part 3_Determination of significance. The Lead Agency is responsible for the completion of fart 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-term and
cumulative impacts.
❑ 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.
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
Board of Zoning Appeals Application
OWNER'S AUTHORIZATION
(Where the Applicant is not the Owner)
I. T114A residing at
(Print property owner's name) (Mailing Address)
h
do hereby autorize �, w,-
w. �._ (Agent)
to apply for variance(s) on my behalf from the
Southold Zoning Board of Appeals.
By signing this document,the Property Owner understands that pursuant to Chapter 280-
146(B)of the Code of the Town of 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.
IT IS THE PROPERTY OWNERS,RESPONSIBILITY TO ENSURE COMPLIANCE WITH
THE CODE REQUIRED TIME FRAME DESCRIBED LIE,REIN,
(Ow t ' Signature) -
(Print Owner's N
AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics orobibits conflicts or inter gstog the oart of town officers and eLnilloyeel.The ourvoseo
this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is
gagsary to avoid same.
YOUR NAME : ��l
(Last name,first name,middle$1 al,unless you are applyl+n the name of someone else or oilentity,such as a
company.If so,indicate the other person's or company's name.)
TYPE OF APPLICATION: (Check all that apply)
Tax grievance Building Permit
Variance Trustee Permit
Change of Zone Coastal Erosion
Approval of Plat Mooring
Other(activity) Wing
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 Ix
If you answered "YES",complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself(the applicant/agent/representative)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 spouse,sibling,parent,or child is(check all that apply)
- A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a
corporation)
-B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation)
Q an officer,director,partner,or employee of the applicant;or
D)the actual applicant
DESCRIPTION OF RELATIONSHIP
Submitted this day of_MtWA _,20_1_�i
Signature
113
Print Name
4
APPLICANVOWNER
TRANSACTIONAL DISCLOSURE FORM
The Town of Snythwive rn,4&n[j±jqX3M)hhihb1jtbs conflicts of interest on the nart at town officers and employees.The purpose of
this form is to provide infarmiktinn whichj an alert the town of possible conflicLs of interest and allow it to take whatever action i
RRMAMk avoid sae.
YOUR NAME : Try
(Last name,first name,middle initial,dmess you are applying in the name of someone else or other entity,such as a
company.If so,indicate the other person's or company's name.)
TYPE OF APPLICATION: (Check all that apply)
Tax grievance Building Permit
Variance Trustee Permit
Change of Zone Coastal Erosion
Approval of Plat Mooring
Other(activity) naing
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 person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself(the applicant/agent/ro.-presentative)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 spouse,sibling,parent,or child is(check all that apply)
A)ine owner or greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a
corporation)
3)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation)
-Q an officer,director,partner,or employee of the applicant;or
-D)the actual applicant
DESCRIPTION OF RELATIONSHIP
Submitted this day f 20
Signature
Print Name
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SCTM #
TOWN OF SOUTHOLD PROPERTY RFC=}
OWNER STREET ' 3' VILLAGE DIST, SUB. LOT a
€ i
AOR_ - REMARKS
TYPE OF BLD. Ct
cf
PROP. CLASS
LAND IMP, TOTAL DATE
R
f�
4
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FRONTA�EO�WA ER HOUSE/LOT
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916
BULKHEAD
TOTAL
A4.
} lolls/
w-k OF SOUTHOLD PROPER REC 1w
OWNER ST ET ` VILLAGE DISTJ SUB. LOT
I S�
j
D E)FORMER OWNER N
,. 4 t —
s
I
_N I
� A R.
= 3s
-- S W TYPE OF BUILDING
t
RES. I SEAS. VL FARM'- COMM. CB. MICS. Mkt. Value
LAND I IMP. TOTAL DATE REMARKS
_a
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m 3
W
. } s
e
F
2
c t a
t
f1
p,
E _ 'fica
r
r - -
AGE BUILDING CONDITION _-
NEWI NORMAL BELOW ABOVE .
FARM Acre Value Per Value
Ac re a
Tillable — FRONTAGE ON WATER -
Woodland I i FRONTAGE ON ROAD
Meadowland DEPTH
BULKHEAD �
Total I" _ DOCK ` A41
l
4.
S £'a,
TOWN F S UTH R PM ' CARD
E
OWNER z STREET VILLAGE DIST.: SUB. LOT
s
FORMER OWNER - l ACR,
1
S w TYPE OF BUILDING
_ � a
RES. SEAS, 1 VL. FARM COMM. CB. MISC. Mkt. Value
LAND IMP, TOTAL DATE REMARKS
�f a
jf f -
_ s
AGE BUILDING CONDITION
NEW i NORMAL BELOW ABOVE
FARM Acre Value Per Value {
I Acre
_F
Tillable 1 f
Tillable 2 !
Tillable 3 _
Woodland
Swampland FRONTAGE ON WATER
- _-
Brushland FRONTAGE ON ROAD
House Plot i ? DEPTH
1 !BULKHEAD ULKHEAD
DOCK
Total =# ``
Tax Bill # SWIS Tax Map# Status
6306 473889 55.-3-6.4 Partially Paid
Address Municipality School
50100 CR 48 01000 610
Owners Property Information Assessment Information
MOFFAT FARM SOUTH LLC Roll Section: 1 Full Market Value: 1:381,818
60 CRESCENTE AVE Property PO BOX 526 Class: 105 Uniform %: 0.55
BOLL NAS, CA 94924 Lot Size: 24.30 Acres Total Assessed Value: 7,600
Tax Bill SWIS Tax Map # Status
6277 473889 55.-2-8-12 Partially Paid
Address Municipality School
5108 Youngs Ave 01000 610
Owners Property Information Assessment Information
MURNANEJOHN Roll Section: 1 Full Market Value: 163,636
104 WETHERILL RD Property Class: 129 Uniform %.- 0.55
GARDEN CITY NY 11530 Lot Size: 7.30 Acres Total Assessed Value: 900
Tax Bill # SWIS Tax Map # Status
6284 473889 55--2-10.3 Partially Paid
Address Municipality School
48455 CR 48 01000 610
Owners Property Information Assessment Information
Roll Section: 1 Full Market Value: 436,364
FLOWERS & FLORES FARM LLC
440 HAYWATERS RD Property Class: 312 Uniform %: 0-55
CUTCHOGUE, NY 11935 Lot Size: 5.00 Acres Total Assessed Value: 2,400
6286 473889 55.-2-11.1 Partially Paid
Address Municipality School
48125 CR 48 01000 610
Owners Property Information Assessnumt Information
KOSLOSKY TINA J Roll Section: 1 Full Market Value: 781;818
48125 CR 48 Property Class: 210 Uniform %: 0,55
SOUTHOLD, NY 11971 Lot Size: 0.44 Acres Total Assessed Value: 4,300
Tax Bill # SWIS Tax Map # Status
6285 473889 55.-2-10A Partially Paid
Address Municipality School
47775 CR 48 01000 610
Owners Property Information Assessment Information
FLOWERS & FLORES FARM LLC Roll Section: 1 Full Market Value:
440 HAYWATERS RD Property Class'. 129 Uniform %,
CUTCHOGUE. NY 11935 Lot Size* 20.50 Acres Total Assessed Value,
•
I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
1 IIIIII IIIII IIIII IIII IIII
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 $315.00
TRANSFER TAX NUMBER: 14-09404
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
t
RECORDED
pages
Number of es '( 2014 Nov 12 12:02:35 FP1
• JUDITH R. PASCALE
CLERK OF
This document will be public SUFFOLK COUNTY
record.Please remove all L D00012795
Social Security Numbers P 469
prior to recording. DT# 14-09404
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Fling Stamps
3 1 FEES
Mortgage Amt ____
Page/Filing Fee 1.Basic Tax
Handling 20. 00 2. Additional Tax
Sub Total
TP-584 �—
Spec./Assit
Notation or
EA-5217(County) � Sub Total l �' Spec./Add. _
TOT.MTG,TAX
EA-5217(State)
Dual Town Dual County
R.P.T.SA. � Held for Appointment,
Comm.of Ed. 5. 00 Transfer Tax
Mansion Tax
Affidavit
0 L L y� _ The property covered by this mortgage is
CettfQedEopy or will be improved by a one or two
NYS Surcharge 15. 00 _ family dwelling only.
SubTotal YES or NO
• Other - Grand Total '.�15 if NO,see appropriate tax clause on
page i of this instrument
1000 2826986 1000 05500 0200 010004
5 C+Dmun(ty Preservation Fund
Tlu�l
Real Property R Consideration Amount$ � w5p
Tax Service (10PSMI)SA
NCIV
Agency CPF Tax Due
Verification
Improved
6 t1s etions/DI ergs es st rty rs i ng rasa
RECORD&RETURN TO: Vacant Land
p rJ : LiSA �Obr,n lL TD-
33 csi Z>7 S M
Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.N i
wwwsuffoikcountynygov/derk . e
1» -'s
8 Suffolk County Record ng & Endorsement Page
This page forms part of the attached { o r i Jt made
by: ` ( (SPECIFY TYPE OF I UMEN7) 5. Gn
_ 7 j;��Fz 1 Y !�! r �. U.C..The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of
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
to VT C?F P I U.QP EIV T" RGHT S EA aEM NT
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, Is made on
the k day of October, 2014 at Southold, New York. The parties are
Moffat Farm North, LLC, with an address of 49900 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 Fain 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.
1 TRQDU QN
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 SC `IVI *1000-55-2-10.11 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 , �arrecluced copy of which Is attached hereto
and made a part hereof nerel after referred to as the "Survey"
and �' ° mbew. q 01� � � � .
WHEREAS,S, the Protected Property is located in the Agricultural
Conservation (A-C) Zoning District of the Town of Southold; and
WHEREAS, the Protected Property contains soils classified as
Class T and Class 11 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
Programs 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 36381). 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 Towns 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:
• 0.01 Grantor's.Warranty
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.
0.02 Grantee" Sau
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 Purpose
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.
0.0 yernrnent l Re nl Iop-
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.
0..05 Documentation
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 '"'�r-
�„ Q�2014, prepared by Peconic Surveyors, P.C. and a Phase 1
Environmental Site Assessment prepared by Nelson, Pope 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.
, I6 M . cliari
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
THEEASEMENT
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 DefinitlQrI
"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 sAect 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 May 21, 20 a reduced copy of which
Is attached hereto and made a part hereof). rrbq ,gip/ '
"Riding Academy"shall mean a business use of a tot for any of
the following purposes: the letting of horses for hire to individuals or
groups whether supervised or unsupervised, horseback riding
instruction or the holding of horse shows or other equine events.
"Structure"shall mean anything constructed or erected on or
under the ground or upon another structure or buildings, Including
walkways. Structures shall not Include trellis, 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.
1.04 Effect
This Easement shall run with the Protected Property as an
Incorporeal Interest in the Protected Property, and shall extend to and
be binding upon Grantor, Grantor's agents, tenants, occupants, heirs,
personal representatives, successors and assigns, and all other
individuals and entities 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 ($1,288,384.50)
good and valuable consideration, hereby grants, releases, and conveys
to Grantee this Easement, in perpetuity, together with all rights to
enforce it. Grantee hereby accepts this Easement in perpetuity, and
undertakes to enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts,
uses and practices shall be prohibited forever upon or within the
Property:
..w..0 ._._5°tru tgre
No structures may be erected or constructed on the Protected
Property except as permitted by the Southold Town Land Preservation
Committee ("Land Preservation Committee") and other applicable
provisions of the Town Code and Section 1.02 and Section 4.06 of this
Easement.
3.02 _ExcaygLon and K9n Q—Y-4l 0f Ma eri_ � I; .$ linlRg-
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.
.0 .DuMpiOg..
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.
3.0 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
4.06 shall be prohibited without the prior written consent of the
Grantee. Underground utilities must, to the extent possible, be
constructed within 30 feet of the centerline of any roads or driveways,
and may be used 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)-U) 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 NRCS.
10
• 3.,_j9_._Qon rva igr Plan
All agricultural operations on the Protected Property shall be
conducted in a manner consistent with a resource management
system (RIMS) 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 Con-s,!.Cyg-t:�Q-n—COM2!1@Ec—q--PrOvisiqn!5 of Lhg Qqnsg!.-�;r_qtion Plan
As required by Section 12381 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
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.
3.13 Development Rights
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
• w. R a ds;: cc s a l rc t i?ro r y
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.
3.15 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.
,;if.. loorized 1/ehiele wise
• 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 Indu tEW1 oar caMnm rcial lases
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,
9RAPJCLR'S RIGHT$
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,
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.
4.0 Lae-ds aP-1n-9 Aci iv[t e
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.
. Ag.ricult :.ral Production and—Activities
Grantor shall have the right to engage in all types of agricultural
production as the terra 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
(i) 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
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 Aliens-b-ARtY
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......_furthqr ft-�t—riqt—M
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
GRA TOWS GBLIGATION
5.01 Taxes and Assessrnerjtq
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
a
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 nde.rron-Ifica -IQ
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.
.OZA Environme�nt4l Wgrra ty
"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.
5.0 grqund Mjntenance Rerement
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
gRANTEE'S_RIGHTS
6.01 ww: nard_ aspecpr�
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.
6.02 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.
.03 wffl of C E e
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 (3 ) 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
o,
• 6._06 No...Wafiver
Grantee's exercise of one remedy or relief under this ARTICLE
SIX shall not have the effect of waiving or limiting any other remedy or
relief, and the failure to exercise or the delay In exercising any remedy
shall not constitute a waiver of any other remedy or relief or the use of
such other remedy or relief at any other time.
6.06 Extinguishment of Easement/Condemnation
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, MRCS 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
AITff:LE SEVEN
MIS
CEL�LANEOUS
7..01� Entire Uu d r ta
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 Sverabi,lity
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.
705 Governig_g Law
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.
.Ofa n er t tiq
• 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.
.09 IRecording
Grantee shall record this Easement in the land records of the
office of the Clerk of the County of Suffolk, State of New York.
7.10 Headin s
The headings, titles and subtitles herein have been inserted
solely for convenient reference, and shall be ignored in its
construction.
7.11 Proceeds
• 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 Merger
• 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.
7.1a Sube gent Liens on Protected Proer
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.
KNWRLEY A.GLENN
Notary Publl Notary Public
No.()1GL6089252
Gcaga,State of N.Y.
t� E
TATE OF NEW YORK )
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 subscNtheme
within instrument and acknowledged to
me that he executed n his capacity, and that by his signature
on the instrument, thl, or the person upon behalf of which the
individual acted, exec rument.
Signature/office of indly al taking acknowledgement
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this 36 day of t�Ln— -- 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:
V'_'<_ 2---<—
Notary Public
FoCKVINIM11!5U10 Kill!
pLdit SWO of NW YG*
Mo 405040
2.
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
` la 1/2'7 2.z t'{ CjPG�
CAO(tf n-r et
BY: Sean CMoffat, Managing Member ,,*voiP1a
pe
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.
A
Autho red ignatory for the NRCS
Gregory A. Kist, Acting State Conservationist
STATE OF NEW YORK )
COUNTY OF SS:
On this 9 day of 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-OF ACKNOWLEDGMENT
GMENT
State of California
County of
On _ D h?! Jbefore me, �h h
(Flerc insert name and lade of the officer
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(o whose narneJ4) is/apt subscribed to
the within instrument and acknowledged to me that he/sy/the/executed the same in Iris/h$_4 it authorized
capacity(ie , and that by his/h /tVir signature(e-on the instrument the person�4,or the entity upon behalf of
which the person("acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
ARUN LATA KU A
COMM#n33037
WITNESS m3037
y hand and official seal. W- AR
wnvtY iJY ..*Comm, #$JULY t2,20tT ;(Notary S
�Sigrtalurc of Nolan/Public
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THiS FORM
Atry acknorledgmen! completed in California oust contain verbiage exact/v as
DESCRIPTION OF THE ATTACHED DOCUMENT appears abore in the notap,section or a separate acknowledgment foam must be
properly completed and attached to that docnmenl. The only exception is if a
Omn e- RL I �• rA�V document is to be recorded outside of California.in such instances,any alternative
(Tide or description ed document) ackrrorledgmew rerbiage as pray be prhued on such a docttmenl so long as the
rerbiage does nor require the nomy to do sonrerhing that is illegal for a notary in
California(i.e. certifying the auihori_ed capocity of the signer). Please check the
(Title or description afaltaehed document continued) document carefullyfor proper notarial rrordingand attach this form ifrequired.
Number of Pages ! Document Datery Stale and County information must be the Stale and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Dale of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment.is completed.
(Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s)who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/#we -is/are)or circling the correct forms.Failure to correctly indicate this
-4a—Individual(s}- information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
impression must not cover text or lines.If seal impression smudges,re-seal if a
('Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attomey-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other q Indicate title or type of attached document,number of pages and date.
Indicate the capacity claimed by the signer.If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
•' Securely attach this document to the signed document
2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com
Peconic Abstract, Inc.
Title No.:641-S-04097 amended 7122114
Schedule A Description—AMENDED 7128/14
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 Inters on 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 60 seconds West,98.63 feet;
• 2) Along the arc of a curve bearing to the right having a radius of 2269.00
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
are 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 S0 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 Bertsch!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 fe&j
2) South 87 degrees 49 minutes 50 seconds East,502. 4 feet to the
westerly side of North Road(C.R.27)and the true point or place of
BEGINNING.
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DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION, made as of this ay 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 dated r.!�aL 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.
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. 45) frontage between the lot now or formerly known as
SCTM#1000-55- -11.1 to the northerly boundary of the lot now or
formerly known as SCTM#1000-55-0 -10.1 along
Said access North
are Road
ll
(C.R. 48), and/or from any adjacent property.
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 SCTNI #1000-55-
-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 Forth Road (C.R. 48) that is south of the lot
is
now or formerly designated as SCTM# 1000-55,- -11.1 is prohibited.
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 laves, 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
• ' /��27�?or'f
By: SEA%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 "deuce to be the individuals whose names are subscribed to
the within instrument a 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
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Flowers & Flores Farm LLC/Koslosky, Tina — Lot Line Change
Please Note:
Several hoop barns are on the property. We do not see any CO's for these hoop
barns on file. A site plan (attached), approved by the Southold Town Planning
Board on December 18, 2023 and located in their Laser Fiche files, is attached for
your reference.
A, SEE SEC NO 051
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COUNTY OF SUFFOLK D NOTICE
al Properly Tax Service Agency MAINTENANCE,ALTERATION SALE(
w DISTRIBUTION OF ANY PORTION Of
300 p^'`! g • (y al-Mbrrpa...............W........,v.........,rd.ATll9(11� •^w re••'r O COUNTY TAX MAP'IS PRC
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""Feel REAL PROPERTY TAX SERME AGE
Zoning and Lot areas AC 5115trrict
Reserve lot: 1 000-55.-10.3
5.00 acre(2 17,800 SF) RECEIVED
E�D
`r 20%lot coverage allowed. (�
APPROVED 8Y DEC 27 2023 j
PLANNING BOARD Barn 3,125 5F j
Barn!oadmg dock 2G0 SF ou of own l
TOWN OF SOUTF901D Refrtaerator 100 51' Planning Board
loon Hou5e5 6,100 51'
Total 9,525 SF
DATE Z Z-�J e f f'F fr, Lot coverage 4.4%
"F Storm Water Calculation for 2°storm
Barn 3,125 5'
Refrigerator 120 51F
/ Total. 3,245 5F x 2! 12 =
1 520 GF of Storm water
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General Site Plan
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New Farm 5tructure-5 on Development Rights Sold portion of the lot _ Barn Detailt
415455 Middle Road,5outhdd NY Ftsheth Enymeenng
North Fork flower Farm and 1725 HoWl-t R ad Site Plan A. 1
No—,4 Flores 5outhod,NY 1 197 i
Apn 12,2023 For plan rq beard rewew 531.765.2954