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HomeMy WebLinkAboutCaracciolo, LouisGREGORY F. YAKABOSKI TOWN ATTORNEY MARY C. ~VILSON ASSISTANT TOWN ATTORNEY ,.~.' JEAN W. COCHiLhN Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 Fax (631) 765-1823 E-mail: townattorrmy~southold.or g OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD March 29, 2000 ' Richard Ryan, Chairperson and Land Preservation Committee members Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Caracciolo to Town of Southold purchase of development rights SCTM #1000-100-04-002 Dear Dick & members: The Town Board agreed last night at their regular meeting to the purchase of development rights on approximately 19.675 suitable acres fi:om Louis and Lisa Caracciolo, contract vendee/owner The purchase price shall be $11,600,00 per acre, amounting to a total purchase price of $228,230.00. _ For your information, the contract has been prepared this date and personally handed to Abigail A. Wickham, Esq., attorney for the contract vendee/owner. The title report has been ordered by her office and a copy is to be sent directly here. The environment assessment was ordered this date and the survey, previously ordered, is near Page 2 completion. Ms. Wickham has been asked to provide us with a confirmed closing date as soon as possible. If you should have any questions, please call. Very t~our~._~ Gregory F. Yak oa~if'Esq. Town Attorney /md cc: Supervisor Jean Cochran Southold Town Board Elizabeth Neville, Tow-n Clerk John Cushman, Town Comptroller Melissa Spiro, Senior Planner lohn Sepenoski, Data Processing PUBLIC HEARING IX,LARCH 28, 2000 8:02 P.M. ON THE ACQUISITION OF DEVELOPMENT RIGHTS ON PROPERTY RIGHTS ON PROPERTY OF CARACCIOLO, SCTM #1000-100-04-002. Present: Absent: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman John M. Romanelli Councilman Brian G. Murphy Comxcilman Craig A. Richer Toxvn Clerk Elizabeth A. Neville Toxvn Attorney Gregory F. Yakaboski Councilman William D. Moore SUPERVISOR COCHRAN: We will move on to the hearing, the acquisition of development fights on property of Caracciolo. COUNCn- M:3dN MURPHY: "Notice is hereby given that pursuant to the provisions of the Agricultural Lands Preservation Law of the To~xm of Southold, constituting Chapter 25 of the Southold Town Code, the Town Board of the Town of Southold will hold a public hearing on the 28th day of March, 2000 at 8:02 P.M. at the Southold Town Hall, 53095 Main Road, Sonthold, New York, on the question of the acquisition by the Toxxm of Southold of approximately twenty P,vo point one (22.1) acres of the agricultural land of the property of Louis Caracciolo, at the price of $11,600.00 per acre, which acres are part of the parcel of land knoxxm as development rights in SCTM# 1000-100-04-002 located on rite soil. th side of Oregon Road, Cutchogue, New York. Further Notice is hereby Wen that the file containing a urore detailed description of the aforementioned parcel is available in rite Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested persons during normai business hours. Dated: March 14, 200.0. Elizabeth A Neville. Southold Toxx22 Clerk." There is a SEQRA resolution in here. We have an affidavit that it was posted on the Southold Town Clerk's Bulletin Board, and there is not other correspondence in the file. SUPERVISOR COCHRAN: Okay, you have heard the reading of the proposed purchase for development fights. Mr. Ryan, Chairman of the committee, would you like to share with us, and also show us where it is on the urap? DICK RYAN: Good eveinng. The property that is the subject of the hearing is this parcel over here. I might point out while I am standing here, that the uppermost red parcel in fact now should be green, is the Lieb parcel ttmt was recently closed, and tiffs other red parcel do~m here is the parcel still in contract with John and Katherine Sidor, but has not )'et closed. My name is Dick Ryan. I serve as ),our Chairman of the Southold Toxxm Land Preservation Committee. The map here produced by Town staff omhnes the snbject parcel under consideration located in the hamlet of Mattituck. I point out as an aside, that since the publication of the hearing notice our ongoing transaction with the property owner, the contract vendee, and has resulted in slight changes through the area of the farm parcel, and the area of the parcel that is subject to development rights, so perhaps you p'aid close attention to the numbers that I use in my statement. Tiffs vacant land parcel is approximately 22 acres in size. It has frontage on the south side of Ch'egon Road, and also on the east side of Mill Lane. The parcel is zoned Agricultural-Conservation, which permits single-family residential development, but also intends to control development of open lands, which are agricuimrally productive. The Haven Loam soil classification of this parcel reflects it's high agricultural productivity. The parcel is cm-rently foul in a cover crop. Mr. And Mr. Caracciolo proposed to reserve txvo acres, approximately two acres, surrounding the existing residence and barns from this development rights easement proposal. This farm parcel represents a link in a cha'm of agricultural land parcels along Oregon Road that the Town and Suffolk .County Farmland Preservation Programs have identified for possible purchase and 'preservation. I think you can see by the green colors in the area o£ this snbject parcel that there is some effort and some linkage of accomplished preservation of farms, and that is our goal here as well. The preservation of this farmland will serve to enhance efforts of consolidafmg large blocks of important productive agricultural lands in the toxxm. On March 20th Southold Town acqu'tred a development rights easement of over t~venty-two acres of the easterly adjottm'mg farm parcel. That would be the parcel immediately to the right of the subject parcel. We just Closed on that transaction. It is the ShinnfPage fatra. Earlier the To~n had acquired a development rights easement to the southeasterly adjaqent farm parcel. If you go out the southerly q0ach'ant of the rectangular red parcel those land areas were acquired at an earlier time. Tire Sourhold Town Plamzing Board has been consulted, and has expressed no objection to the prc~posed purchase. The purchase price is $11,600. an acre, totaling approximately $25'6,000 subject {o the results of a survey. The market value Of this proposed p~trchase reflects in part the development potential and the location of the property. The value of the purchase is supported by February. 2000 appraisal prepared independently by Given Associates of Hauppauge. A stm~ey of the parcel will be accomplished, and anbject to adoption by the Land Preservafioix Committee prior to the completion of this proposed purchase. Because of its agricultut&l value, its location, and itg proximity to other~ productive farmlands this property has ltigh ~ligibility for presetw'ation. The I-and Preserdation Committee is tmanhnous in recomnlendLng this development rights purchase. The purchase most will preserve and conthiue a rural character element of the hamlet of Mattituck, and of the Town. On behalf of the Land Preservation Counnittee I urge the Town Board~to accept the offer of development rights to al:proximately twenty acres of this parcel to be represented on an approved smw'ey, and to resolve to purchase the same pursuant to the provisions of Chapter 25 of the Tox~m Code entitled, Agricultural Land Preservation. Thank you. SUPERVISOR COCHSLad'q: Thank you, Dick. Is there anyone else that would like to speak to the Tox~m Board in relation to the purchase of the development rights on this property? Mr. Krupski is the President of our Trustee Board. AL KRUPSKI: Just a question, is there a sm-vey available to review at this time? COUNCILMAN/vlLrRPHY: Subject to the survey. SUPERVISOR COCHRAN: Allyone else have any questions? (No response.) If not, I will close this hearing. Southold Town Clerk Louis Caracciolo, Jr. &.:~i,.sa Caracciolo Farm - Development ,P, jg.~hts Purchase. SCTM #1000-100-04-0E My name is Dick Ryan. I serve as your Chairman of the Southold Town Land Preservation Committee. I have a map here, produced by town-staff, which outlines the subject parcel under consideration, located in the Hamlet of Mattituck. This vacant farmland parcel is approximately,?.&d~cres in size. It has fi-ontage on the south side of Oregon Road and the east side of Mill Lane. The parcel is zoned Agricultural-Conservation, which permits single family residential development, but also intends to control development of open lands, which are agriculturally productive. The Haven Loam soil classification of this parcel reflects its high agricultural productivity. The parcel is currently tallow, in a cover crop. Mr. & Mrs. Caracciolo propose to reserve 2 acres surrounding an existing residence and barns, f~om the Development Rights easement This farm parcel represents a link in a chain of agricultural land parcels along Oregon Road that the Totem and Suffolk County Farmland Preservation Programs have identified for possible purchase and preservation. The preservation of this farmland parcel will serve to enhance efforts at consolidating large blocks of important productive agricultural lands in the Town. On March 20~', Southold Town acquired a Development Rights easement over 22 acres of the easterly adjoining farm parcel. Earlier, the Town had acquired a Development Rights easement to the southeasterly adjacent farm parcel. The Southold Town Planning Board has been consulted and has expressed no objection to the proposed purchase. The purchase price is $11,600/acre, totaling approximately $256,000 (subject to the results of a survey). The market value of this proposed purchase reflects in part, the development potential and location of the property. The value of the purchase is supported by a February 2000 appraisal prepared independently by Given A~ssociates of Hauppauge. A survey of the parcel will be accomplished and is subject to adoption by the Land Preservation Committee, prior to any completion of this proposed purchase. Because of its agricultural value, its location, and its proximity to other existing productive farmlands, this property has a high eligibility for preservation. The Land Preservation Committee is unanimous in recommending this Development Rights purchase. The purchase will most-certainly preserve and continue a rural character- element of the Hamlet of Mattituck and the Town On behalf of the Land Preservation Committe:¢/, I urge the Town Board to accept the otter of Development Rights to approximately l~t-acres of this parcel (to be represented on an approved survey) and to RESOLVE to purchase the same pursuant to the provisions of Chapter 25 of the Town Code, entitled "Agricultural Lands Preservation". Thank you March 2000 rcr !~ ',, :.EEGP~L NOTICE i · ·NOTICE OF _ _PUBL~IC HEARING NOTICE IS HEREBY GIVEN that pursuant ,to Ihcprovisions of the AgdculturalTLands Preservation Law of the'Town ,or Soffthold,con'~tituting 'i Chapter 25,": ~f 'the' ,SoinhOld Town Code; lhe',To~vn B'o~ fd',0f,lb~Town of Southoldl will:ihold apubli,e,hearing i' on .the 28th day',of,Ma,;ch, 2000 a! 8:02 ,P.M~;' a,t 'the.S0'ut,hoid Town Hall, '53095 Main,iR0ad;i ,$0u'thb'ld, New~ York, 0n,~(he question '0f 'the ac- q~sJtlon' by, the Town:of'SoUthold of ?1~. approxJmatelylwemyqwo' point one (22:,1) 'acres of,lh'el,agr cultura lands ,,,:,,~ of the 'propgr!y'of: L.ou~s ,Caracc~olo, :'~':iat the price, ,01~ $1] 600.'00' iP'er acre !, ?: which,.:acr~i~g~ :Pa',r ~ ['of'~h,~i: ?reel oi "i', 'tand,kn0wh as'development rights in I"' scTMg 'I'000~:~00~04~~2':10eated on ,? Ihe south Side of Oregon Road, , Cutchogue ,Ne~s, York !,':,~'~ ". FURTHER' !NOTICE IS HERE- ,' BY GIVEN,that the, file containing a i::more detailed:.'description Of the !:' aforementioned parcel,is available in ',i;,the Soulhold,Town Clerkls Office,' "Soulhold Town Hall 53095 Main [ Road, Soulhold. N~w York', and may !,' be examined by an)' interested per- , sons duringnfrmal business hours. sTATE OF NEW YORK) )SS: CO0UNTY OF SUFFQLK) ~. I.~(-~/'% ~. (}[_/~{{[~' of Mattituck, in said cOunty, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for [ weeks succes- siveJy~ .comm~t~cing on the C.~,~f~ day  _.F~incipal Clerk Sworn to befOre me this ~ day of .t~(~ ('f.~3 20(X) 517.20 Appendi* C Enviranmenta Ouali~'! .Review SEQR SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PA~,T i--PROJECT INFORMAT]CN (To be completed by A~piicam or Project sponsor) [Southold Town Land. Preseration Comm. !Purchase of Development ~ts.-Caracci+io ~u.ic:=~my gouthold Tov~+ ~..w Suffolk SE corner Will Rd. and Oregon Rd., 5~ttituck SCTM #1000-100-04-002 Purchase of Development Rights E~sement to approx 22~1 acres o~ a 2~ i acre farm parcel. ~,~CU,T C~,~.,~ ~"~-~,, '~. 22. 1 Primarily agricultural uses interspersed wi~h residential uses, _Aoproval of Southo!~ Town Board Aooroval of purchase offer: l%ichArd C, R~ Chairman - LPC I/ If th~ ~ctien ia in the Coastal Area, and you are e stale [~ency, complete the CaastaJ ~sessm~nt Fo~ before.proceeding with this assessment o~/13/oo OVER :'.,AT I[--:-NVIRON ,!TAL ASSESSMENT iq-c be :cm, pie".ed by .: .No. No. `No. .No. None PART III--DETE,:qMINA~ON OF SiGNIFiCANCE (To be completed by Agency) I--; Check ,'his box if you have identified one or more potentially large or significant adverse im0acts which MAY occur. ,-hen Droceed direc'Jy to ihe F~JLL :--Ar ~.n~'or pre~3are a positive aec~ara~ion. ,~' Check this box if you nave dezer~ine~ ~ase~3 on [11e infor~lazion And analysis A~ove and shy SU~DO~in~ ~ocumentadon, ~hat ~e prcpos~ At,on ~ NOT ~ult in any significant ~verse anvironmen[st [mDAC~g Southold To,~n Board Jean W, Cochran LI-b/~L NU I "r~"~TICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of the Agricultural Lands Preservation Law of the Town of Southold, constituting Chapter 25 of the Southold Town Code, the Town Board of the Town Southold will hold a public hearing on the 28th day of March, 2000 at 8:02 P.M., at the $outhold Town Hall, 53095 Main Road, Southold, New York, on the question of the acquisition by the Town of Southold of approximately twenty two point one (22.1) acres of the agrlcu[tural lands of the property of Louis Caracciolo, at the price of $11,600.00 per acre, which acres are part of the parcel of land known as development rights in SCTM# 1000-100-0~-002 located on the south side o~ Oregon Road,, Cutchogue, New York. FURTHER NOTICE IS HEREBY GIVEN that the file containing a more detailed description of the aforementioned parcel is available in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested persons during normal business hours. Datedi March 1L~, 2000. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE ON MARCH 23. 2000. AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A- NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Town Clerk's Bulletin Board I f" ' I STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 23rd day of March 20§0 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. Notice of Public Hearing ~- Acquisition of Agricultural Lands of Louis Carriciolo, 8:02 P. M. March 28, 2000. OElizabet~ A. Neville - Southold Town Clerk Sworn to before me this 23rd day of March , 2001~. ry Public JOYCE t4e. 4952246, Suffolk Courrty Term Expires June 12, ELIZABETI-I A. NEVILLE TO1VN CLERK R]~GISTP~ OF V-fTAL STATISTICS i~LhI~RIAGE OFFICER RF. CORDS MANAGEMENT OFFICER FREEDOi~I OF INFOi~LKTION OFFICER Town I-IaU, 53095 l~[ain Road P.O. Box 1179 Southold, New York 11971 Fmx (631) 765-6145 Telephone (631) 765-1800 OFFICE OF TI-IE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWlNC RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON MARCH 1~. 2000: RESOLVED that the Town Board of the Town of Southold hereby sets 8:02 P.M., Tuesday, March 28, 2000, Southold Town Hail, 53095 Main Road, Southold, New York, as the time and place for a public hearing on the question of acquisition of certain parcel of property from Louis Caracciolo, for purchase of development rights in agricultural lands under Chapter 25 of the Town Code. Proper~y located at south side of 1250 Oregon Road, Cutchogue, New York, SCTM # 1000.-100-04-002, comprising approximately 22.1 acres, at a price of $11,600.00 per acre. Southold Town Clerk March la.. 2000 ELIZARETH A. I~EVILLE TO.tN CLERK REGISTtC~ OF VITAL STATISTICS lkLAi{RIAGE OFFICER .RECORDS l~L~%TAGEMENT OFFICER FREEDOi~I OF LNFOtL~ATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOV/N CLERK TOV~N OF SOUTHOLD THiS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON MAY 9. 2000: WHEREAS, i~ furtherance of the intent of the Community Preservation Fund tax, the Town Board of the Town of Southold wishes to support that intent to provide exemptions per the Town Code Chapter 6-95, from said tax to those purchasers of real pr6perty who will retain the property with development restrictions; and WItEREAS, in furtherance of that intent, the real property must have the entire parcel restricted by one or more permitted restrictions in chapter 6-95; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby setss., o? P m_, Tuesday; May 23, 2000, Southold Town.Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing on the question of accepting development restrictions pursuant to Town Code Chapter 6-95 on certain parcel of property from Louis Caracciolo located at the southeast corner of Oregon Road and Mill Lane, Mattituck, New York, SCTM# 1000-100-4-2. Elizal~'eth A. N~ville Southold Town Clerk May 9. 2000 GREGORY F. yAKABOSKI TO%%~q ATTORNEY MAI~Y C. WILSON ASSISTANT TOIVN ATTORNEY  Town ttall, 53095 Route 25 ~ P.O. B~ox 1179 ~-~ Southold, New York 11971-0959 Telephone (681) 765-1889 Fax (631) 765-1823 E-mail: townattorney~soutlaoldu or g OFFICE OF TI-IE TOWN ATTOI{NEY TOWN OF SOUTHOLD Memorandum To: From: Date: Supervisor .Cochran Town Board Town Clerk Land Preservation Committee Gregory F. Yakaboski, :Esq. Tow}~ AttOr~I~y April 28, 2000 Re: Purchase of Developtnent Rights/Caracciolo Mill Lane, Mattituck, NY- SCTM #1000-100-4-2 Attached you will find information received from Abigail A. Wickham, Esq., dated April 26, 2000, regarding the above matter. ,'md faxed to Dick Ryan WILLIAM WICKHAM ERIC J. BRE~LER ,. ABIGAIL a. WlCKhAM .L~NNE M. GORDON LAW 0 FFICES WICKHAM, WICKHAM ~ BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 14B4 MATTITUCK, LONG ISLAND NEW YORK II95~ April 26, 2000 MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE. NEW YORK [I747 Gregory F. Yakaboski, Esq. Town Attorney Tom of Southold 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Purchase of Development Rights/Caracciolo Mill Lane, Mattituck, New York - SCTM# 1000-100-4-2 Dear Greg_- The Caraceiolos are purchasing the above property, consisting o f 22.362 acres~ from members of the Sidor family prior to selling the'development rights to 19_675 acres to the Town. The Caracaiolos will retain 1.836 acres for their residence and barns. Since the Caracciolos wilt occupy the residence and use the barns in conjunction with their operation of the farm,, we would like the Town to consider the enclosed agricultural easement. The Caracciolos are in the horticultural business and will be using the farm residence and buildings as part as part of the farming operation. Very truly yours, Abigail A. Wickham ,,L4I~Ydmc 30$hdtnatt cc: Rtchard Ryan Farmland Preservation Committee TOWN ATTOI~NEY'S OFFICE TOWN OF SOUTHOLD GRAN,T }OF AGRICUET~ EASEMENT THIS AGRICULTURAL.EASEMENT dated t_h~ ' . da5- of April, 2000, l%made by LDUIS CAKACCIOLO, JR..~_. 4 .LIS, A CARA~C,!~5~.~T~gi.d,ng 39 Jomar Road, S[~oreham, !, .!~5~eYs ~[kTlol~7g~l,~natiOnr'~oa~d~ ;~u~h.Oo~?NOe,~ ,~r.D,-~.~i,,.,.g.,?anTeeC,,,,)p. al corporan,on w~th INTRODE C I, fON · WHEREAS, the Grantor ,s th.e ,os~ner m fee, s.,B)p.le,oI .~,.36= acre~ ofcertmn.real property lo~ated re. the Tox%m of S. outhqld .S~foll~ .G.o~t~-~I'q e~v 5 ork, hereinafter more fully descnbed,~n Schedule A attached herefo, frlrtlxe~ descnbe~J.~ ~Suffolk Coanty Tax M~ Parcel Number 1000-100-4-2; and t ,,... WHEREAS, the Property ~s located m the ~gnc;~fftral~Conservat~on (A-C) Zomng D~stnct of<the Town ofSouth0~d; wttich::des.~gnattg~l.~p~¢ ~e~ent po%s~ble, ~s ~ntended to prevent the unnecessary loss of those c/t~ently 0pen' lands w~/ich conm'm prime agricultural soils as outlined in the Town of Southold Code, Section 1 WI-IERBAS, the Grantor ha~ contracted wi,~~_~t'eq to convey the Develoloment Rights tO 19 6?5,acres of the afore~md p~cel to Oranlee .u~d? Deyelopmem ,Righi~ Purchase Agreement dater[ April 10; 200,0 ~eremafter the F~and), and has retained the Development Rights.to 1.836 acres: of the aforesaid parcel ("neremafter.t,he Encumbered Property); and :.WHEREAS, the Encumbered Propen]., ~ '~ ...... . · coraams a ~mgle Ian',~h residence for occupancy by operator of the farm (barn and s ior~ge t,u;Idm>s _~ ). ~' .,h:ch. a._tfricultm-al uses the Grantor intends to continue; and : ,., .. , WHEREAS, the Grantor,w~shes to grant an' Ai~[cultural Easement on the Encumbered Property so that,t shall be and remmn aymlable f,o,r a,g~.: ~c~tural purposes and structures relatmo to the agricultural use of the Farrni'and~and other agh'c{irtural property of the Grantor, and sha/1 be restricted {o the placement of agricultural structur~s~hereon' and other agricultural operations; and ' '"".,: WHEREAS, it is the policy of the Town of S09thold, gs articuhted in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by'.the Town Board, Town of Southold code, Section 272-a of the Toxw~ Law, to protec~ the.T~.~a~n's agricultural economy; and WHEREAS, the Grantor and Grantee rec0gni~, e~the value and special character of the region in which the property is located, anal,the O-ranto'r!'and: Grantee have, in common, the purpose of objgctive of protecting and clonserving the. present state and inherent, tangible and intangible values of the Farm/and as an aesthetic natural, scenic and agricultural resource; and WHEREAS, the Grantor has deterrrdned it t9:l~~'desirable and beneficial to grant an Agricultural Easement to the Grantee tu order to resl~mt'lhe further development of the Encumbered Property while permitting ~ompatible a~'ci~lturai uses and uses supportive of agricultural thereon; :! NOW, THEREFORE, in consideration of the n~u~al interests of the Grantor and the Grantee in the preservations of the: atrr. iC [i!r,c~',l, ,~h~ld% ,, f thc Property, and in consideration of the acquisition of the Development R~&_h,..~ ~,:, Ihe F&nn!~nd .~-, ,.he Grantee, and other good and valuable consideration, the receipt a~d.suffic~¢ncyq ar~ ~,ereby aclmowledged by both parties, the parties agree as follows: ".' 1 Grantor's Warranty Grantor warrants and represents ~o the t']~ntec 05at l_'q-r ;nt,:,r is the owner of the Property described in SCHEDULE A, flee of an~, m,:,rt~aSe ~ ,:~r hens. except those held by parties whose consent to the easement is appended hereto and that ,Gr ,.a~i)or possesses the right to grant this 2 Grant of Easemant , , Grantor hereby grants, releases and conveys to Grantee. an easemenlc whereby GrantOr covenants, for itselt~ its successors and assigns, tfiat':th~:'fi'~'~ib;e'EnctUnbered Property is and x%ill, for the entire duration or'the easement: be restri6te~['to.such stmectres and uses x~?ieh are exclusively agricultural in nature, including widiout limitatioff. ,horticul'mrai farming operations, and associated Structures Such as barns, greenhot/ses?she~ds; p ':~phou~es, loading are~, fences, driveways, signs, underground ufihfies, irrigation S'tnletulr~si a?td otheriagricultural buirdings; and - uses such as farming operations~ ala~icultural proflt~efiorii. ~ifota~e bf ec~uipment arid agricultural products, and related activities, and not more than one sihgle~_familv dwelling for occupancy by the Grantor and his family or the farm manager acntaU~,,mafia~in~ the farming operat/ons on the ,farmland, but excluding an)' commercial retail usages otfier than a fannsrand. Nothing in this waiver by the :Fown o~SoutHold of any buildin~ or ~g, rant ofeasament shall be construed as a ' ' . , ~ !zoning code regulating usage or density or other-restriCtion ?~iffe'cting the Encumbered Property, bra wave/of any auurovaI reclmred From the FarmIafi~l;P~eservat~on Gounmttee under theTo~ Code. 3 Duration This Easement shall be a burden upon and run.'with the Encumbered Property for three (3) years From the date hereof, and shall be automattcglty extended for: successive periods of one (1) year unless, prior to any anniversary date after the .thirdl.an~..iversary of this agreement, Grantor advises Grantee in writing that it is terminating.this ~asement: In such event, the Encumbered Property shall, upon the anniversary date 0f~hi~ Agreement first following the dehvery of such notice, be thereafter free of the burdens and ~ncumbr~nces of this Easement. 4 Effect The covenants, terms, conditions, restrictions and purposes of this Easement shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, pbrsonal representatives, successors and assigns and all other individuals and entities. Grantee hereby accepts this Easement and shall have the right to enforce it against Grantor and all future owners, tenants, occupants, assigns and possessors of said Encumbered Property, and in such event, to recover its reasonable costs and expenses, including attorneys fees. 5 Possession Grantor shall continue to have the right to exclusive possession of the Encumbered Property. Nothing contained in this Easement grants, nor shall be intez ~reted to grant, to the public any right to enter upon the Encumbered Property, 6 Use Grantor shall have the right to use the Encumbered Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York State, and federal law which will not defeat or derogate, from the purposes of this Easement. 7 Alienability .' Grantor shall have the right to convey all or any io~ d~,itS remaining interest in the Encumbered Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Encumbered P, mpe~(including the full names and mailing addresses of all Grantees, under any such congeyance.! 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 3erms of this Easement, and shall incorporate this Easement by reference, specifically setting forth 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. : attorneys' fees, judgments or t ;c- !, '~' agents or mdependent con~-actgrs ----TaXes and- Assessments : . ; :;. ': :,:, . .. 8 Grantor shall continue to pm' all taxes.,rex ,es. ~,'d'.a_,se~ments and other govei~nerttal or : ;xnumc~pal charges which may become a&en on the Enci!t/nbered Property, including any ~esor · :lemes tmposed to make those payments; , . ' 9 Third Party CI ,, ainls ,I ,j, L'J :,1,' ,,,2, :'' " ' v, costs, rea~nahle o f ~ts o racers, emloloyees, to.p~rsons or damagg~ ~o Ehcumbemd ~- P~oper'o/ar_ising fi.om an) acti~'St~ '; except those due to th~ ac~ of the Grantee,.: . ; ,or; mde,pe ; and b)fi:o~ agtmns or clmms of ar~y nature b, g out oTthi 'tnto or exerctse of~g~ under this Easement, excepting an)'.. , .matters ariS.lng trom the>acts of Grantee, ~ts officers, employees, agents, or mdependent,c?ntracto~s. , I 0 Restoration Grantee shall have the right t,o, i, equire thc ~Cst.'.antor to restore the Encumbered Property to the condtlxon reqmred by this Easement and to eiffbrC~ thi~ rig. hr by any action or proceeding that the Grantee may reason Jbl.v deem nece.*,: an. Ho'.,. ex er. it i s ander~ h:,od .',nd agreed by the parties hereto that the Grantor shall not t,e liable for ;ny eh.rages to the E r.,cttmbered Property resulting fi.om causes be3 ond the Gr."mtor'-: conm:,!. ,_n.c!udm~:. ~ithout hmuation, fire, flood, ,storm, and earth movemeal. ~,:,~ err. ment:d '.'.dhorltT or te~-u[',t!or, bona fide conservation or agricultural program, or from an.,, prudent ac ti,:m taken b', the G rant,.~r m'~der emergency qondifions Io prevent, abate, or _mitig-;te s[~ifica_6.t in'ua to th~ ~Encumbered Property resulting fi.om such causes. ' :) '~ 11 Enforcement Rights of Grantee ' -. Grantor acknowledges and agrees that Grantee s remedies al law [or any violation of this Easement are inadequate. Therefore. in additioh to. ahd not in limitation of, any other rights of Grante~ herennder at law or in equity, in the event an), breach, default or violation of any term, proy!sion, eovenam or obligatton' on Grantor's part In be observed or performed pursuant to this Easement is not cured by Grantor within thirty i301 days notice thereof by Grantee (which notice requirement is expressly waived bx Grantor x~qth respect to any such breach, default or violation · which, in " ' Grantee's reasonable judgment,, requires irfime,~iate action to prevent irreparable injury to any pIOte~ted aspects of the Encun~bered Prop.e.rt.~; auider this Easement] Grantee shall have the right at Gralitor s sole cost and expense and.at Grantee's election. (i) to institute a suit to enjpm ur cure such breach, default or vlolatton by temporary.and'or permanent mjunctlon, or (n) to seek fo ,enforce such other legal andJ0i' eq.uitable' raliet:, or remedies as Grantee deems necess.a~y or desirable to ensure compliani~e with the ,terms. conditions, covenants, obligations , and p.urlcoses of this Easement prox tded however, that any fatlttre delay or electron to so act by Grantse.sh,all not be Ideemed to be a ,watver or a' tode~ture of any right or avmlable remedy on Cn-antee'.s part with r~pect to such breach, defauit, or.v. io[a. tion or with respect to any other ' ' ' condmon, cc~ chant or 9bligation under this Easement. breach, de~' .aglt or vtglat~on of an;}, term. ' ' '/ ' Grantor:sh01l. pay, either directly or by reimbursement to Grantoe. all reasonable attorneys' fees, ' ' dby,G " )i court costs and other expenses incurre rantee (herein called legal expenses n connection , bj ,aath any p~pceedmgs, under th~s Secnon tt Grantee. prevads, bx. order not su ectto appeal. Grantee:ag.r. ees to reimburse Grantor tor all rea_,onable attorney ~ tee~ recurred m connection vath anyp~:0ceedmi: hereunder not br.:.,~ghx or pursued re,good fatth by Grantee m whmh Grantor prevails b5 order not subject to ~ppe~'l 2 :;" ~ ' : ~: '"'~'"' 1 No Waiver Grantee s exercme oI one r~mcd) ipr re)'tet tmd~t~.~',ti,is ~g~eement shall not have the effect ,of wmvmg or lnmtmg any other r~medy or relief, and.thc, tailure to exercise or delay tn exermsmg any remedy shall not hax e.the eflect,of xxatvmg or hmttmg the use of any other · remedy or rehefor the use of such other remedy or,rehef at any other trine. 13 Entire Understanding This Easement contmns the entire understandln~ bet~gn its parttes, concerning tls subject matter. Any prior agreement between the.part~es concerning ~ts subject matter shall be merged into this Easement andlsuperseded by it. ':. 14 Severability ~'-' - Any nm~rtston of this Easement. resmc~mg Grargor ~ acm me~. which ss determined to be ~nval~d or unent, orceable by a coun'.,~ha, ll not be m~al[~&d. ~,lnstea& that prowsma shall be reduced or hm~ted to whatever extent ~hat court determmes xnll make ~t enforceable and ..'[effective. Any other proxxston of this ~asem.em ~h~dl~d~ .~letermmed robe invalid or ! " ....... ,:'" ~c~%'.'.~.~,'~'.~J,[~* ~,~?~,',~-*~-:M' .-i . .. - tv_nenrorceame ny a court snmt nC severen rrom'.tae~ome.~provlsuons. Wmcn snan rommn .enforceable and effective. ~.n}i~., 15 Notice ' .~' All notices required by this Easement must b~tten~:,,Nottccs shall be dehvered by ' I regmtered or certafied mall, return ~ece]pt requested x?t~,t~ sn~fficaent prepaid postage affixed. ! . . · r; , . I~' , ' . . Mailed noB. ce to Grantor shall be adch-essed ,tO Gr:mt6'¢ s~adc~ess as rectted hereto, or to such ~ ' r ' ' ' ~'tr~' ' ' ' ' other address as Grantor ma5 dest~naIe b3 nonce m accordance x~th this Section Mmled notice to Grantee shah be addressed to its principal office' r~i~d het~m, or to such other address as Grantee may designate by notice m accordanc'e ~Lth tbi~ 'Se&lob. Notice shall be deemed given and received three business days after mailing. ,:,. ~ ' In w/mess whereof, the parties have executed this~i.gfi&em~nt on the date above written. Louis Camcciolo,i'~-: ' Lisa cciolo :.: ,, .. TOWN OF SOU~OLD STATE OF NEW YORK, COUNTY OF SUFFOLK:. SS: On , in the year 2000, before me,. the undersigned, a Notary Public in and for said State, personally appeared Louis Caraccio.lo~, J~2 and Lisa Caracciolo, personally kno~m to me or proved to me on the basis of satisfactory ev. idence that they executed the same in their capacity and that by their signature on the instrument, the individuals, or the persons or entities upon behalf of which the individuals acted, executed th~: instrument. Notary Public STATE OF NEW YORK COUNTY oF SUFFOLK:. S,S: On , in theyear 2000, before' me, the Undersigned, a Notary Public in and for said State, personally appeared ;i. personally known to me or proved ~o me:or~ the basis 0~ Satisfactory evidence that he executed the same in his capacity and that by his signature on the instnmaent, the individual, or the person or entity, upon behalf of which the individuaI acted, ,eXecuted the instrument. 21/ageascar ~. ' ' Notary Public ~...-: !':!, .: SCHEDULE A - DESCR~PTZON ALL that certain plot, piece or parcel of and, situate, lying and being at Mattituck, Town of Southold; County of Suffolk and State of New York, bounded and dascdbed as follows: Beginning at the corner formed by the'intersection of the southeasterly side of Oregon Road with the easterly side of Mill Lane; Run.ning thence a ong the southeaster y s de of Oregon .Road North 45 degrees 7 minutes 00 seconds East 6'62 3~ feet to a monument at ]ands now or formerly of David Page and Barbara S hinn; Thence along said last menti~nEd lands and along lands now.or formerly of Adrian H. Courtenay II! South 21 degrees 47 minutes 00 seconds East 1492.50 feet to a monument at Jands now or formerly of Warren and Nancy Swain; Thedce along said last mentioned lands South 72 degrees 10 minutes 00 seconds West 651.81 feet to the westerly sid6-of Mill Lane; Running thence along the westerly side of Mill Lane North 20 degrees 9 minutes 20 seconds West 1399.75 feeT~ tothe corner first above mentioned at the point or place of beginning. LEGAL NOTICE .r~'~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 6 Section 6- 95 , Community Preservation Fund of the Southold Town Code, the Town Board of the Town of Southold Will hold a public hearing on the 23rd day of May 2000, at 8:07 P.M., at the $outhold Town Hall, .53095 Main Road, Southold, New York, on the question of' the I~urchase of the parcel of Louis Caracciolo identified as sCTM '~ 1000~100-~-2 Which consists of approximately !.83._6acres, located on the southeast corner of Oregon Road and Mill Lane, in the Hamlet of Mattituck. FURTHER NOTICE IS HEREBY GIVEN that the file containing a more detailed description of the. aforementioned parcel is available in the Southold Town Clerk's Office, Southold, New York, and may during normal business hours. DATED: May 9, 2000 BY ORDER OF THE SOUTHOLD TOWN BOARD Southold Town Hall, 53095 Main Road, be examined by any interested persons ELIZABETH A. NEVILLE SOUTHOLO TOWN CLERK PLEASE PUBLISH ON MAY 18, 2000, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Member Town Attorney Louis Caracciolo Land Preservation Committee Town Clerk's Bulletin Board © STATE OF NEW YORK) 55: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 17th day of May she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. Legal Notice of Public Hearing - Community Preservation Fund, Chapter 6 - Purchase of property of Louis Caracciolo, SCTM # 1000-100-a-2. PUblJE?Hearing ~ 8:07 P.M., Tuesday, May 23, 2000. ~Elizab'eth A.~--~eville Southold Town Clerk Sworn to before me this 17thday of May , 200E. Notar/f Public TO: Jean W_ Coehran, Town Supervisor FROM: Dick Ryan, Chairman SUBffECT: 05/23/00 Public ~earing - Agricultural Easement - Caracciolo SCTM #1000-100-04-002 DATE: May 17, 2000 Today, I met with Oreg ¥, to d{scuss the propoged easement, following the 05/15 meeting of the LPC The LPC favors the offered 5-year easement, the terms of which have been worked out between Caraeeio[o, their attorney (Gail Wickham, Esq.), C~eg Y'. and myself. The LPC recognizes that the major portion of the entire parcel is to be covered by a Development Rights easement held by the Town of Southold. The portion of the property covered by the offered easement is essentially the farmstead of the entire farm It is the feeling cfa majority of the LPC that this farmste?d is also wor~..y ofprotegtion, as an~ntrlbuting element to an otherwise viable an~'-d-'~6te;ted farm property and serves to promote farming: y an m-resi ence farmer. ~ The recommendation to accept the. agricultural easement is exclusive to the abov~noted farm and not to be Construed as applicable to any and every similar agricultural easement that may offered for other farm properties. The LPC suggests that every such offered easement be evaluated on it's own special circumstances. Cc: Town Board members LPC members Town Attorney M. Spire ~- LEGAL NoTIcE h?~?~ -NOT[CE OF , ." . PUBLIC HEARING ,~'.' ' NOTICE IS HEREBY GIVEN '!! that pursuant to the provisions of : Chapter 6 Section: 6-95 community !~, Preservation Fund of the Southold of M~ttituck. OffiCe., ~ "~3095 :, Main Road! Sbuthold NewlYo'rk~Ari~:,may be examined by any ;mteYested per- sons dunng normal bus!Bess l~ours. DATED~ May:9, 20~,':: ~':' '? ', ~'::, "S,O~OLD TQ~ CLERK_ ' 1329~1~v18~ '~: : .: ~: : STATE OF NEW YORK) )SS: COUNTY oF S~_UF ~F,OIc~ county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly pu. blished in said Newspaper once each week for \ weeks succes- sively, commencing on the [~Jrbx 'day incipal Clerk Sworn to before me this day of V~0~/ 20 co 00 00 PUBLIC HEARING MAY 23, 2000 8:07 P.M. ON THE PURCHASE OF TH]~ PARCEL OF CARACCIOLO (SCTM #1000-100-'4-2), OREGON ROAD AND MILL LANE, MATT1TUCK. Present: Supervisor Jean W. Cockran Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G_ Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski SUPERVISOR COCHRAN: This is a hearing on the acceptance of the development restrictions on certain parcels of property. COUNCILMAN MOORE: "Notice is hereby given that pursuant to the provisions of Chapter 6 Section 6-95, Community Preservation Fund of the Southold Town Code, the Town Board of the Town of Southold will hold a public heating on the 23~a day of May, 2000, at 8:07 P.M., at the Southold Town Hall, 53095 Main Road, Southold, New York, on the question of the purchase of the parcel of Louis Caracciolo identified as SCTM #1000-100-4-2 which consists of approximately 1.836 acres, located on the southeast comer of Oregon Road and Mill Lane, in the Hamlet of Mattituek. Further Notice is hereby given that the file containing a more detailed description of the aforementioned parcel is available in the Southold town Clerk's Office, Southold Town Hall, 53095 Main Road, 8outhold, New York, and may be examined by any interested persons during normal business hours. Dated: May 9, 2000. By Order of the Southold Town Board. Elizabeth A. Neville. Southold Town Clerk." I have proof that this legal notice was published in the Suffolk Times that it was posted on the Town Clerk's Bulletin Board. We have correspondence fxom the Chairman of the Land Preservation Committee, Dick Ryan ~scussing the proposed easement_ There is correspondence from the Town Board as well. SUPERVISOR COCFLRAN: It is supported by the committee. COUNCILMAN MOORE: The recommendation is to accept the aggie exclusive to the above named farm, not to be construed as applicable to any and every single agricultural easement that may be offered for other farm properties. The Land Preservation Committee suggests that the offered easement be valuated on it's oxma. 00 : 00 SUPERVISOR COCHRAN: This is for an easement. Is there anyone2that would like to address the Town Board in relation to this easement on the property of Louis Caracciola, Oregon Road and Mill Road in the hamlet of Mattituck? Anyone tike to address the Town Board? (No response.) I deem the hearing closed. Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTR.kR OF ViT,~L STATISTICS l~ L~-RRLkGE OFFICER RECORDS RLkN.-kGEMENT OFFICER FREEDOM OF rNFOR~,L~-TION OFFICER Tox~m Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT' THE FoLLOwING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF 'THE SOUTHOLD TOWN BOARD HELD ON MAY 9. 2000: WHEREAS, in furtherance of the intent of the Community Preservation Fund tax, the Town Board of the Town of Southold wishes to support that intent to provide exemptions per the Town Code Chapter 6-95, fi-om said tax to those purchasers of real property who will retain the property with development restrictions; and WI~REAS, in furtherance of that intent, the real property must have the entire parcel restricted by one or more permitted restrictions in chapter 6-95; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby set~t.- o7 p.m., Tuesday, May 23, 2000, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing on the question of accepting development restrictions pursuant to Town Code Chapter 6-95 on certain paroel of property fi-om Louis Caracciolo located at the southeast corner oPOregon Road and Mill Lane, Mattituck, New York, SCTM# 1000-100-4-2. E~A~'~ · I~leville Southold Town Clerk May 9, 2000 ELIZABETH A. NEVILLE TOWN CLERK P~GISTILAR OF \rITAL STATISTICS RLi~RL~GE OFFICER t~ECORDS i~L~NA_G-Et~fENrT OFFICER :/VREEDOM OF INFOi:iMATrON OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF TIlE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON MAY 9, 2000: WHEREAS, in furtherance of the intent of the Community Preservation Fund tax, the Town Board of the Town of Southoid wishes to support that intent to provide exemptions per the Town Code Chapter 6-95, from said tax to those purchasers of real property who will retain the property with development restrictions; and WHEREAS, in furtherance of that intent, the real property must have the entire parcel restricted by one or more permitted restrictions in chapter 6-95; now, therefore, be it RESOLVED that the Tom Board of the Town of Southold hereby set~lt.-o7 p.m., Tuesday, May 23, 2000, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing on the question of accepting development restrictions pursuant to Town Code Chapter 6-95 on certain parcel of property from Louis Caracciolo located at the southeast corner of Oregon Road and Mill Lane, Mattimck. New York. SCTM# 1000-100--4-2. Southold Town Clerk May 9. 2000