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Damianos, Herodotus
GREGORT F. YAK_~B OSKI TO V,%r ATTORNE¥ i~I.4RY C. WrLSON ASSISTANT TOV, qN- ATTOKNrET JOSttFLrA Y. HORTON Supervisor Toxx~2 Hall, 53095 Route 25 P.O. Box 1179 Southolck New York 11971-0959 Telephone (631) 765-1889 are~.¥akab o ski[~,to,,~m.s o utho ld.m,.us mar3,.~ils onr~ toxxm, s ourho ld.m- us OFFICE OF THE TOWN ATTORNEY TO%qN- OF SOUTHOLD To: From: Date: Re: Elizabeth A. Neville Town Clerk Gregory F. Yakaboski, Esq. Town Attorney January 24, 2002 Herodotus Damianos to Town of Southold Gift of Land SCTM #1000-59-3-28.5 Betty: Enclosed for safekeeping in your office, please find the following original documents: · Suffolk County Clerk's Office Recording Page · Suffolk County Recording & Endorsement Page · Original Deed dated December 21,2001, between Herodotus Damianos and the Town of Southold, recorded in the Suffolk County Clerk's office on 12/31/01, in Liber D00012160 at Page 773. Thank you. Greg /md encs. cc: Melissa Spiro, Land Preservation Coordinator w/o encs. Assessors w/o encs. Town Board w/o encs. Land Preservation Committee w/o encs. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~e of Instrument: DEEDS/DDD Number of Pages: 6 TRANSFER TAX NUMBER: 01-20436 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 059.00 03.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 12/31/2001 09:03:26 AM D00012160 773 Lot: 028. 005 Received the Following Fees For Page/Filing $18.00 COE $5.00 EA-STATE $25.00 Cert. Copies $4.00 SCTM $0.00 Comm. Pres $0.00 TRANSFER TAX NUMBER: 01-20436 THIS PAGE IS Above Instrument Exempt NO Handling NO EA-CTY NO TP-584 NO RPT NO Transfer tax NO Fees Paid A PART OF THE INSTRUMENT Exempt $5.00 NO $5.00 NO $5.00 NO $15.00 NO $0.00 NO $82.00 Edward P.Romaine County Clerk, Suffolk County ,JAN 2 4 2OO2 TOWN A'I-rORNEY'S OFFICE Number of pages TORRENS Serial # Certificate # Prior Cfi. # Deed / Mortgage Instrument 4 Deed / Mortgage Tax Stamp FEES L 900012160 P 775, .... _.~ni-~A Recording / Filing Stamps Page / Filing Fee Handling 'f TP-584 f Notation EA-52 17 (Count5') EA-52 [ 7 (State) R.P.T.S.A. Cotton. of Ed. Affidavit Certified Copy Reg. Copy Other ,~ '~- SubTotal '~ U~ 500 -- GRAND TOTAL ~'~ Date Real Property Tax Sen, ice Agency Verification Dist. Section B lock i©oo d5-¢0o05.00 Lot Imt~als ?)i? 7 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: P. 0,~5~¥ trwq I This page forms part of the attached Mortgage Amt. 1. Basic Tax 2. Additional Tax ;ub Total ~ec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town Dual Count3'__ Held for Apportionment Transfer Tax ~ Mansion Tax The properts, covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD /'~) TD TD I Title Compa, ny Information Co. Name ~_.O/:'V~/~ 0/4,//,'JE.,4-Z.T~ z.~t/~0 777ZE Suffolk County Recording & Endorsement Page (SPECII%~ TYPE OF INSTRUlVlENT ) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made by: TO "T-d,u~Jt~/ 0~- 50OTM-Oz-D In the Toxxmhip of -S O U-TO-PO In the \qLLAGE or HAMLET of ~Ok) YfiPO.L lC) BOXES 5 THRU 9 IvlUST BE Th?ED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) Dear Taxpaye[...~ 4. Your satisfaction of mortgage has been filed in my office and I am enclosing the original cop5' lbr 5,our records. · · If a portion of your monthly mortgage pas~nent included your property taxes. Vou ~1I now need to contact yonr local Tm~m Ta~: Receiver so that yon ma_v be billed directly tbr ail future property tax bills. Local proper9~, taxes are payable tx~ice a year: on or before January 10'" and on or before Ma5' 31-~'. FaiJure to make pasq-nents in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with a~y questions regarding property tax payment. Babylon Tox~n Receiver of Taxes 200 East Sunrise Highway North Lindenht~rst, N.Y. 11757 (631) 957 3004 Brookhaven To~qq Receiver of Taxes 250 East Main Street Port Jefferson, N.Y. 1 I777 (631) 473-0236 Riverhead Tox~m Receiver of Taxes 200 Howell Avenue Riverhead, N.Y. 11901 (631) 727-3200 Shelter Island Toxt-n Receiver of Taxes Shelter Island Toxx~ Hall Shelter Island. N.Y. 11964 (631} 749-3338 East Hampton Tox~a Receiver of Taxes 300 Pantigo Place East Hampton. N.Y. 11937 (631) 324-2770 Smithtox~m Toxt~ Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (631} 360-7610 Huntington To~vn Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southmnpton, N.Y. 11968 (631) 283-6514 Ishp Tmvn Receiver of Tmxes 40 Nassau Avenue Islip, N.Y. 11751 (631) 224-5580 Southold Tox~n Receiver of Tmxes 53095 Main Street Southold, N.Y. 1~971 {631) 765-1803 2/99 Sincerely. Edward P. Romaine Suffolk Coun .ty Clerk COND4ON~EALTH LAND TITLE INSURANCE CO. TITLE NO. R~80014206 CONSULT YOI~IR !.~AWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY O o~ oo Zm Dist. 1000 Sec. 059.00 Blk. 03.00 Lot 028.004 THIS INDENTURE, made the dayof . December, 2001 BETWEEN HERODOTUS DAMIANOS, at 591 N. Bicycle Path, Port Jefferson Station, N.Y. 11776 pgrty of the first part, and TOWN OF SOUTHOLD, with an address at 53095 Route 25, P.O. BOX 1179, Southold, N.Y. 11971-0959 party of the second part, '~ WITNESSETH, that the party of theffir~part, in consideration of - TEN ($10.00)"'i ~ dollars paid by the p~.rty pf the second -part; dDes'~hereby grant and release unto the party of the second Cak, th~' heirs or succes~"~rs and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE SCHEDULE "A" and RIDER TO DEED annexed hereto and made a part hereof. Grantee agrees to accept Grantors appraisal of Value of land.. TOGETHER with all right1 title and interest, if any, of the party of the first par~ in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improveme0t and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" when ever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first par[ has duly executed this deed the ¢m~and year first written. F~ODOTUS D~I A~S JE~ W. b6C~RAN, Southold Town Supervisor above Standard N.Y.B.T.U. Form 8002 - Bargain and Sale Deed, with Covenant against Grantor's Acts - Uniform Acknowledgment Form 32~0 TO 'BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATF State of New York, County of SUFFOLK ss: On the ~l~'~--day of December intheyear 2001 before me, the undersigned,_p_ersonally appeared HERODOTUS DAI~IANOS personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that helsheAhey executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the pemon upon behalf of which (~gnature a~d ~ce of i~'~Idu~/{aking acknowledgment) State of New York, CounW of SUFFOLK ss: On the 28th day of December, in the year 2001. before me, the undersigned, personally appeared JEAN W. COCHRAN pemonally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that h s / · c d i h' ' capac~zyues), /a~a tnax Dy m~/her/~ne&r s,gna ure{.s) on t~e instrument, the individual(s), or the person upon behalf of which the ind~idual(s) acted,, Executed the instrument. (signature and off~c~ of individual taking acknowledgment) MELANIE DOROSKI [~O~iRY PUBLIC, State of New York No. 01904634870 Oualffied in Suffolk County ~mmlssion Expires Sapter~er TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State (or District of Columbia, Territory, or Foreign Country) of On the day of in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the (insert the City er other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgment) BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Title No. COMMOIFWEALTH RH80014206 DAMIANOS TO TOWN OF SOUTHOLD 1529 Main Street Port Jefferson, NY. 11777 Dist. 1000 SECTION 059.00 BLOCK 03.00 LOT 028.004 ~~TOWN OF SOUTHOLD STREET ADDRESS NO~ JENNINGS ROAD SOUTHOLD, NEW YORK RETURNBYMAILTO: GREGORY F. YAKABOSKI, ESQ. TOWN ATTORNEY TOWN HALL, 53096 Route 25 P.O. BO~ 1179 Southold, N.Y. 11971-0959 LU RIDER TO DEED DATED DECEMBER ,,2; s~, 2001 between HERODOTUS DAMIANOS AND TOWN OF SOUTHOLD AS set forth in Chapter 6 and Chapter 59 of the Town Code of the Town of Southold, DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of theses chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the lectors of the Town voting on a proposition submitted at a special or biennial town election. No subseqnant amendment of the provisions of this subsection shall after the limitations imposed upon the alienation of development rights acquked by the Towm prior to any such amendment. This covenant shall run with the land in perpetuity. /,-~ /! ?'~f~?es: ~~' I~RODOTUS DAMIA~OS ~ Swom to before me ttds ~J &~ day of December, 2001 -I~ary Publ~/.~ ~/ TOWN OF SOUTHOLD By: JE/~T W. COCHRAN, Supervisor Sworn to before me this ~[~ day of December, 2001 Notary Public MELANIE DOROSK1 I~TARY PUBLIC, State of NewYorl~ No. 01D04634870 Oualilied in Suflolk County ganmission ~r~ September File No.: RHS0014:ZO6 SCHEDULE A- DESCRTPTI'ON AMENDED Ali that certain plot piece or parcel of Land situate lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York; BEGINNING at t point on the westerly side of ]ennings Road at northeasterly comer of the premises to be described, said part being where the ~outhwesteNy corner of Lot 4 on the map Oakridge Hills Hap No. 3555 intersects said northerly corner of the premises; RUNNING THENCE from said point or place of beginning along the westerly side of 3armings Road and along Let I0 on the Nap of Oakridge Hi[Is, Nap No. 35~$ South 35 degrees 15 minutes 30 seconds East 199.89 feet; RUNNING THENCE along land now or formerly of Golds~ein and Land now or formerly of Rothman and Mulled¥ south 34 degrees 18 minu~e~.Oo seconds East 374.05 feet to [end now or formerly of Conway; RUNNING THENCE along said land south 34 degrees 59 minutes O0 seconds East 562.1S feet to land now or formerly of Hesedotus Damianos; RUNNING THENCE along said lands the following three (3) courses and distances. 1)South 68 degrees 13 minutes 4S seconds we~ (~5;1.05 feet, 2)South 12 degree 49 minutes Z8 seconds Ea~ 187.96 feet, 3)South 40 degrees 18 minutes 4S ~econds East 387.13 feet to land now or formerly of Vitti; RUNNING THENCE alang said lands the following three (3) courses end die,antes, 1)South 48 degrees 27 minutes O0 seconds West 245.97 feet, 2)North 2-9 degrees 48 minutes O0 seconds West 324.30 feet, 3)South 66 degrees 28 minutes on seconds Wast 3:[6.41 feet to land new or formerly of Rapp and Hibson; RUNNING THENCE along said land North 43 degrees S3 minutes 10 seconds West 342.51 feet; RUNNING THENCE North 40 degrees 50 minutes 50 seconds East 166.~0 feet; RUNNING THENCE North 42. degrees 35 minutes 50 seconds West 15,55 feet; RUNNING THENCE North 40 degrees 54 minutes 40 seconds East 647.19 feet; RUNNING THENCI~ North 47 degrees O0 minutes 50 seconds We~c 165.89 feet; RUNNING THENCE South 46 P. UNN~NG THENCE North 25 RUNNING THENCE North 13 RUNNING THENCE Nodch 24 RUNNING THENCE No~h 27 AUNNING THENCE North 57 RUNNING THENCE North 61 RUNNING THENCE North $7 RUNNING THENC~ North 07 degrees 39 minutes 40 seconds West 217.39 feet; degrees 52 minutes 50 seconds West 78,33 feet; degrees 50 minutes 40 seconds West 177.96 feet; degrees 36 minutes 50 seconds We~ 145.04 feet; degrees 51 minutes O0 seconds West 106.28 feet; degrees 47 minutes O0 seconds East :i32,10 feet; degrees 44 minutes O0 seconds Eas~ 91.07 fee~; degrees 18 minutes oo seconds East ~0.~0 fee~ degrees ~ minutes S~ seconds West 34.5~ feet; Title Report 12/2~?01 FRI 15:5o [TX/RX NO ~3173 ~ool File No,: RH800142OG RUWNING THENCE South 40 degrae~ 3& minutes :30 seconds ;:a~t 35.0{3 fee~ R~.~:~?~ ~UNNING THENCE ~as~arly along ~he arc o~ a curve bearing ~o the right having ~"~..ef~.,~fae~ a di~ance of li2.77 feet~ (:~R~ OF ~UNNZNG THENC~ No~h 48 degree~ 25 ~i.u~es O0 se~nds Ea~ 3e~l.gs Road ~t ~ p~[~ce of BEGINNING. ~ 77~ Fit!e ~,eport l~/~/01 FRI 15:50 [TZ/RX N0 8317] ~oog GREGORY F. '~2&I,L~BOSKI TOWN ATTORI,!I!Y 5Li, RY C. V[1LSON ASSIST_aNT TOVCN ATTORNEY JOSHUA Y. HORTON Superxisor ToxxTt Hall, 53095 Route 25 P O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 e-mail: greg.vakab oski~,to ~n.s o uthold.n~ .us marv.xxSis on,~to wn.southold.m-.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Re: Elizabeth A. Neville Town Clerk Gregory F. Yakaboski, Esq. Town Attorney January 14,2002 Herodotus Damianos to Town of Southold Gift of Land SCTM #1000-59-3-28.5 Betty: Enclosed for safekeeping in your office, please find a certified copy of the following documents: · Suffolk County Clerk's Office Recording Page · Suffolk County Recording & Endorsement Page · Certified copy of Deed dated December 21, 2001, between Herodotus Damianos and the Town of Southold, recorded in the Suffolk County Clerk's office on 12/31/0'I, in Liber D00012160 at Page 773. The original documents will be forwarded to your office directly upon my receipt of same from the county. Thank you. Greg /md encs. cc: Melissa Spiro, Land Preservation Coordinator w/encs. Assessors w/encs. Town Board w/o encs. Land Preservation Committee w/o encs. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE TIr~e of instrument: DEEDS/DDD Number of Pages: 6 TRANSFER TAX NUMBER: 01-20436 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 059.00 03.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 12/31/2001 09:03:26 AM D00012160 773 Lot: 028. 005 Received the Following Fees For A~ove Instrument Exempt Page/Filing $18.00 NO Handling COE $5.00 NO EA-CTY EA-STATE $25.00 NO TP-584 Cert. Copies $4.00 NO RPT SCTM $0.00 NO Transfer tax Comm. Pres $0.00 NO Fees Paid TRANSFER TAX NUMBER: 01-20436 THIS PAGE IS A PART OF THE INSTRUMENT Exempt $5.00 NO $5.00 NO $5.00 NO $15.00 NO $0.00 NO $82.00 Edward P.Romaine County Clerk, Suffolk County Number of pages TORRENS Serial # Certificate # Prior Cfi. # Deed / Mortgage Instrument Pa~e / Filing Fee Handling TP-584 Deed / Mortgage Tax Stamp FEES Notation EA-52 17 (Count),) 5 EA-5217 (State) df Comm. of Ed. $ O0 Affidavit Certified Copy ¢ ~ Reg. Copy Other ~tamp Date Initials Real Pre Dist. SubTotal Sub Total GRAND TOTAL led3, Tax Service Agency Verification Section B lock 0.5'- oo Satisfactions/Discharges/Releases List Pro RECORD & RETURN TO: Lot ed3, Owners Ix{ailing Address TNs page forms part of the attached Recording / Filing Stamps Mortgage Amt_ 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town Dual County__ Held for Apportionment / Transfer Tax ~ Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax claase on page # of this instrument. Comrnunity Preservation Full~. Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD /~ TD TD 8 ] Title Company Information Co Name I · Q.o vh'M 77 E Suffolk County Recording & Endorsement Page (SPECIFY T'tTE OF INSTRUNIENT ) The prenfises herein is situated in SUFFOLK COUNTY, NEW YORK. made by: TO '7-0 v, Jt,,J o 5-::- .5 0 c/l--t-t~ LD Inthe Toxxmhip of ~'D OJTH'x9 LD In the VILLAGE or HAMLETof ._.~Od~rfiflC)A tO BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONL5 PRIOR TO RECORDING OR.FILING. (OVER) Dear Taxpayer. Your satisfaction of mortgage has been filed in mir office and I am enclosing the original copy for your records. ' If a portion of your monthly mortgage payment included your property_ taxes, you will now need to contact your local Town Tax Receiver so that you mav be billed directly for ail future property_ trax bills. Local property tmxes are pa_vable tx~-ice a year: on or before January 10'h and on or before May 31~[. Failure to make pa5a-nents in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (631) 957-3004 Riverhead Town Receiver of Tmxes 200 Howell Avenue Riverhead, N.Y. 11901 (631) 727-3200 Brookhaven Toxvn Receiver of Taxes 250 East Main Street Port Jefferson, N.Y. 11777 (631} 473-0236 Shelter Island Tox~m Receiver of Taxes Shelter Island Toxen Hall Shelter Island. N.Y. 11964 (631) 749-3338 East Hampton Toxin Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 {63 l) 324-2770 Smithtm~na Toxvn Receiver of Taxes 99 West Main Street Smithtoxu'n, N.Y. 11787 (631) 360-7610 Huntington Toxm~ Receiver of Taxes 100 Main Street Huatington. N.Y. 11743 (63l) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip. N.Y. 11751 (631) 224-5580 Southold Town Receiver of Tm~:es 53095 Main Street Southold, N.Y. 11971 (631) 765-1803 2/99 Sincerely, Edward P. Romaine Suffolk County Clerk COMMONWEALTH LAND TITLE INSURANCE CO. TITLE NO. R}{80014206 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY Dist. 1000 Sec, 059.00 Blk. 03.00 Lot 028.004 THIS INDENTURE, madethe ~,~/ ~/ dayof ~ ~ecember, 2001 BETWEEN HERODOTUS DAMIANOS, at 591 N. Bicycle Path., Port Jefferson Station, N.Y. 11776 partyofthefirst~rt, and TOWN OF SOUTHOLD, with an address, at 53095 Route 25, P.O. BOX 1179, Southold, N.Y. 11971-0959 ' of the second part. WITNESSETH, that the party of the ~irst;part, in consideration of ., TEN ($10.00) ' dollars paid by the. Party of the ~econd par[. does hereby grant and release unto the party of the second part. the heirs or successors and assigns of the party of the ·second par[ forever. ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, tying and being in the SEE SCHEDULE "A" and RIDER TO DEED annexed hereto and made a part hereof. Grantee agrees to accept Grantors appraisal of value of land'.. right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the ~remises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first par[ covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvemer~t and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" when ever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the. first part has duly executed this deed the Ca, and year first above written. IN PRESENCE OF: JE~ W. ~6C~RAN, Southo]d Town Supervisor Standard N.Y.B.T.U. Fo~rn 8002 - Bargain and Sale Deed, with Covenant against Grantor's Acts Uniform Acknowledgment Form 3290 TO E~E USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York, County of SUFFOLK ss: On the ~/ 5~-day of December intheyear 2001 before me, the undersigned, p_ersonally appeared HERODOTUS DAFJIANOS personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which (.~gnature a~d (~ce of ~:~du~_/{aking acknowledgment) ~THRYN KREJ¢I NOTARY pIJ6LIC, State of New YOrK H0, 4~235t6, Suii, oI,l,, CQt~nty · re~l ~pires: ~ State of New York, County of SU'FFO LK ss: On the 28th day of December, in the year 2001, before me, the undersigned, personally appeared JEAN W. COCHRAN personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that h s ! - c d i h'/. r{ 'id . ~ , .~t 3~i~{~en ~)f /oh~ instrument, the individual(s), or the person upon behalf of which the ind~idual(s) acted,, e["xecuted the instrument. (signature and o~ of individual taking acknowledgment) MELANIE DOROSKI NOTN~ PUBLIC, State of New York No. 01D0,4634870 GuaUlJed in Su~0lk County - ~ . ~3mmlssi0n Expires September 30,2.-00 ~ TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State (or District of Columbia, Territory, or Foreign Country) of SS: On the day of in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the (insed the City or other political subdivision) in (and insert the State or Country or other place the acknowledgment was taken) (signature and o[fice of individual taking acknowledgment) BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Title No. coMMoNWEALTH RH80014206 DAMIANOS TO TOWN OF SOUTHOLD 1529 Main Street Port Jefferson, NY. '11777 Dist. 1000 SECTION 059.00 BLOCK 03.00 LOT 028.004 ~:~*,JC;4~:~3P~TOWN OF SOUTHOLD STREETADDRESS NO~ JENNINGS ROAD SOUTHOLD, NEW YORK RETURNBYMAILTO: GREGORY F. YAKABO~KI, ESQ. TOWN ATTORNEY TOWN HALL, 53096 Rou%e 25 P.O, BOX 1179 Sou%hold, N.Y. 11971-0959 RIDER TO DEED DATED DECEMBER ~/-~; 2001 between HERODOTUS DAMIANOS AND TOWN OF SOUTHOLD AS set forth in Chapter 6 and Chapter 59 of the Town Code of the Town of Southold, DEVELOPMENT RIGHTS acquired by the To~nn pursuant to the provisions of theses chapters shall not thereafter be alienated, except upon the affirmative vote ora majority of the Town Board after a public hearing and upon the approval of the lectors of the Town voting on a proposition submitted at a special or biennial to~m election. No subsequent amendment of the provisions of this subsection shall after the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity./.~ STATE OF NEW YORK SS: COUNTY OF SUFFOLK I, EDWARD P- ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAiD COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF DEED / ~./'~'~9 AT PAGE /7 ~ RECORDED /2 -.~'/- 0/. AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DEED AND 0~: THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS ~/"-~ DAY OF Z~ e~/~/- 200/ CLERK Qua~i~T6~n~S~ty ~. ~, Commission F. xpiras September 30, ~ xu >.-- File No.: RHSOD14206 SCHEDULE A - DESCRIPTION AMENDED 12/14/01 All that ceCcain plot piece or parcel of Land situate lying and being at Southold, in the Town oF Seuthoid, County of Suffolk and State of New York; BEGINNING at t point on the westerly side of 3armings Road at nor~heasteHy comer of the premises to be described, said paN; being where ~he southwesterly comer of Lo~ 4 on the map Qakridge Hills Hap No. intersects said no~heHy corner of the premises; EUNNIN~ THENCE :Yom said point or place o~ beginning aZong the westerly s~de of 3armings Read and along Lo~ iO on ~he ~ap ()f Oa~ddge Hills~ Nap No. 3555 South 35 degrees 15 ~inutes 30 seconds Eas~ ~98.~9 feet; ~UNNING THENCE along land now or forSer]y of Goldstein and Land now or ~rmerly ~ Re,heart ~nd 5ou~34 deg~es ~ minu~es O0 seconds East 37~.05 feet to [and now or fo~eHy o~ Conway; RUNNING THENCE along sa~d land sou~b 3~ degrees S9 minutes O0 seconds Eas~ S62.1~ fe~o land now or ~rmerly of Herodotus Damianos; RUNNING THENCE ~Jong said lands the following three (3) coupes and dis~nces. 1)South 58 degrees minutes ~5 seconds West 651.05 fee~, 2)Sou~h l~ dogie ~9 minutes Z8 seconds East ~87,96 feet, 3)South ~0 degrees ~S minutes 48 seconds East 387.[3 feet to land now or formerly et Vi~i; RUNNING THENCE along sa~d lands the fbllowing ~e (3) courses and distends, ~)South 48 degrees 27 minute~ O0 seconds West 245.97 feet, 2)No~h 29 degrees 46 minutes O0 seconds West 324.30 feet, 3)South 56 degrees 28 minutes O0 seconds West 3~6.4~ feet to land now or formerly of ~pp and HJbson; RUNNING THENCE a,leng said land No~h 43 degrees S3 minutes ~0 seconds West 342.5~ feet; RUNNZNG THENCE No~h 40 degrees ~a minutes 50 seconds Eas~ [65.~0 feet; RUNNZNG THENCE No~h 42 degre~ 38 minutes 50 seconds West ~5,~ feet; RUNNING THENCE No~h 40 degrees 54 minutes 40 seconds East 647.~9 RUNN;NG THENCE No~h 47 degrees O0 minutes 50 seconds West ~68.89 feet; RUNNING THENCE South 46 degrees 39 minutes 40 seconds West 217.39 feet; RUNNING THENCE No~h 25 degrees 52 minutes 50 sounds West 78,33 feet; RUNNING THENCE No~h [3 degrees 50 mmute5 40 seconds West ~77.96 feet; RUNNING THENCE North 24 degrees 36 minute5 50 seconds West [45.04 feet; RUNNING THENCE N=~h 27 degrees ~[ minutes O0 seconds West Z06.28 feet; RUNNING THENCE No~h 57 degrees 47 minutes O0 ~econds East ~32,~0 fee~; RUNNING THENCE No~h 6~ degrees 44 minutes OD seconds Eas~ 9[.07 feet; RUN~JJNG THENCE N~)~h 67 degrees ~8 minutes O0 seconds East 50.~0 feet; RUNNING THENCE No~h 07 degrees Z~ minutes 5z seconds West 34.55 feet; Title Report File No,: RHSDO;I,4206 RUNNING THI=NCE South 40 degrees 36 minutes 30 seconds r.~ast 35.00 feet~ RUNNING THENCE e~sterly ~lmng the arc of a cu~e bearing to the right having a radius of ~0.o0 feet a distance of 112.77 ~eet; AUNN~NG THENCE No~ ~8 degree~ 25 minu~es 00 aeconds E~ 3ennJngs Road ~t the po~n~ or pl~ce of BEGZNNING, Tit;le Report 12/Z8.'01 FRI 15:~0 [TX.,'I;L~ NO 8317] l;~]002 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR Tewn Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-5711 Fax (631) 765-1366 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD TO: Supervisor Horton j~own Board own Clerk Planning Board Tax Assessors Building Department Data Processing FROM: Melissa Spiro, Land Preservation Coordinator Property Acquisition DATE: lanuary 2, 2002 Please be advised that the Toxvn has accepted a gift of land as described below. If you would like any additional information regarding the gift, please feel fi:ce to contact me. SCTM#: OWNER: PURCHASE DATE: PURCHASE PRICE: AREA: MISC: Part of 59-3-28.4 Herodotus Damianos December 28, 2001 Gift 22.33 acres of a 54_44 acre parcel (0.42 acres of 22.33 acre area is Jennings Road extension.) Dr. Damianos has an application be[ore tlie Planning Board to subdi~4de tlie 22.33 acres fi:om the 54_44 acre parcel. A final public hearing was held and it is anticipated that final approval will be granted within the next few months. The attached part of the survey shows the location of the gifted area. encl. cc'_ Town Attomey Land Preservation Committee Peconic Land Trust ELIZABETI~ A. N-EV~LL~ TOV~N CL~RK REC~ISTi~L~kR OF VIT.i-L STATISTICS M-iRRL, kGE OFFICER RECORDS i'~L~2'~AGEMENT OFFICER FREEDOI',I OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (661) 765-6145 Telephone (631) 765-1800 OFFICE OF TI{E TOWN CLERK TO~52xl OF SOUTHOLD TInS IS TO CERTIFY THAT THE FOLLOWLNG RESOLUTION NO. 692 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 9, 2001: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of acquisition by gift of approximately 20 acres of propet~y owned by Herodotus Damianos on the 9th day of October 2001, pursuant to the provisions of Chapter 6 (Community Preservation Fund) of the To~m Code, at which time all interested parties were given the opporttmity to be heard; and WHEREAS, the approximately 20 acre wooded area is part of an approximately 54.4 acre parcel, and a subdivision will be completed to separate the approxin~ately 20 acre area from the remaining 34.4 acres of agricultural, land; and WItEREAS, the approximately 20 acre area contains a 50' right-of-way that includes an improved road and cul-de-sac, as shox~m on the minor subdix4sion for Herodotus Damianos approved by the Planning Board on August 31, 1982; and XVItEREAS, the Town Board deems it in the public interest that the Town of Southold accept the offer of the gift for open space preservation purposes, which may include the establishment of a park, nature preserve or passive recreational area, in accordance with Chapter 6 of the Town Code; now therefore be it RESOLVED that the Town Board of the Town of Southold hereby elects to accept the offer of the gift of property owned by Herodotus Damianos, comprising approximately 20 acres located on the northerly portion of a 54.4 acre parcel, located at the end of Jennings Road in Southold, New York, identified as part of SCTIVI# 1000-59-3-28.4. The exact area of the property to be gifted is subject to a survey. The total price MI1 be costs associated xxfth transfer of title of land to be gifted. Elizabeth A. Neville Southold Town Clerk RESOLUTION OCTOBER 9, 2001 v - 692 REVISED WI-IEREAS, the Town Board of the To~vn of Southold held a public heating on the question of acquisition by gift of approximately 20 acres of property o~med by Herodotus Damianos on the 9th day of October 2001, pursuant to the provisions of Chapter 6 (Community Preservation Fund) of the Town Code, at which t/me all interested parties were given the opportunity to be heard; and WItEREAS, the approximately 20 acre wooded area is part of an approximately 54.4 acre parcel, and a subdivision will be completed to separate the approximately 20 acre area from the remaining 34.4 acres of agricultural land; and %VItEREAS, the approxin~ately 20 acre area contains a 50' right-of-way that includes an improved road and ctd-de-sac, as shown on the minor subdivision for Herodotus Damianos approved by the Planmng Board on August 31, 1982; and WI-IEREAS, the Town Board deems it in the public interest that the Town of Southold accept the offer of the gift for open space preservation purposes, which may include the establishment of a park, nature preserve or passive recreational area, in accordance with Chapter 6 of the Town Code; now therefore be it RESOLVED that the Town Board of the Town of Southold hereby elects to accept the offer of the gift of property owned by Herodotus Damianos, comprising approximately 20 acres located on the northerly portion ora 54_4 acre parcel, located at the end of Jennings Road in Southold, New York, identified as part of SCTM# 1000-59-3-28.4. The exact area of the property to be gifted is subject to a survey. The total price will be costs associated with transfer of title of land to be gifted. RESOLUTION OCTOBER 9, 2001 v - 692 WHEREAS, the To~xm Board of the Town of Southold held a public heating on the question of acquisition by gift of approximately 20 acres of property o~xmed by Herodotus Damianos on the 9th day of October 2001, pursuant to the provisions of Chapter 6 (Corem,miry Preservation Ftmd) of the Toxvn Code, at which time all interested parties were given the opportmfity to be heard; and ~VI-IEREAS, the approximately 20 acre wooded area is part of an approxin~ate[y 54.4 acre parcel, and a subdivision xx411 be completed to separate the approximately 20 acre area fi:om the remaining 34.4 acres of agrictdtural land; and WlqEREAS, the approximately 20 acre area contains a 50' right-of-way that includes an improved road and cul-de-sac, as showux on the minor subdivision for Herodotus Damianos approved by the Planning Board on August 31, 1982; and ~Vlql*..REAS, the 50' right-of-way and road area will be dedicated to the Town of Southold as a Town road; and · WltEREAS, the Town Board deems it in the public interest that the Town of Southold accept the offer of the gift for open space presentation purposes, xvhich may include the establishment of a park, nature preserve or passive recreational area, in accordance with Chapter 6 of the To~vn Code; now therefore be it RESOLVED that the Toxxm Board of the Town of Southold hereby elects to accept the offer of the girl ofpropet~y oxxmed by Herodotus Damianos, comprising approximately 20 acres located on the northerly portion of a 54_4 acre parcel, located at the end of Jemfings Road in Southold, New York, identified as part of SCTM# 1000-59-3-28.4. The exact area of the property to be gifted is subject to a sv_rvey. The total price Mil be costs associated with transfer of title of land to be gifted. DRAFT D1L&FT resolution for I0"9'01 TB meeting acceptance resolution Herodotus Damianos SCTM#1000-59-3-28.4 WHEKEAS, the Town Board of the Town of Southold held a public hearing on the question of acquisition by ~ft of approximately 20 acres of property owned by Herodotus Damianos on the 9th day of October 2001, pursuant to the provisions of Chapter 6 (Com2nunity Preservation Fund) of the Toxxrt Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, the approximately 20 acre wooded area is' part of an approximately 54.4 acre parcel, and a subdivision will be completed to separate the approxLmately 20 acre area fi:om the remainhxg 34.4 acres of a~iculrural land; and WHEREAS. the approxm~ately _0 acre area contains a >0 right-of-way that includes an improved road and cul-de-sac, as shoxxm on the minor subdi~fsion for Herodotus Darnianos approved by the Planding Board on Augnst 31, 1982; and WHEREAS, the 50' fight-of-way and road area will be dedicated to the Town of Southold as a Toxxua road; and V~-IEREAS, the Town Board deems it in the public interest that the Town of Southold accept the offer of the gqft for open space preservation purposes, which may include the establishment of a park, nature preserve or passive recreational area, in accordance xxdth Chapter 6 of the Town Code; now therefore be it RESOLVED that the To~xm Board of the Town of Southold hereby elects to accept the offer of the gift ofpropm~y owned by Herodotus Damianos, comprising approximately 20 acres located on the northerly portion of a 54.4 acre parcel, located at the end of Jermings Road in Southold, New York, idantified as part of SCTM# 1000-59-3-28.4. The exact area of the property to be gil2ed is subject to a smokey. The total price ~411 be ~osts associated with transfer of title of land to be gifted. ELIZABETH A. NEVILLE TOWN CLERK REGISTIL4~R OF VITAL STATISTICS RL~RRL~GE OFFICER RECORDS i~L~AGER~ENT OFFICER FREEDOM OF INFOtLMATIOI~ OFFICER Toxvn 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 NO. 691 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THF, SOUTHOLD TOWN BOARD ON OCTOBER 9, 2001: WHEREAS, the To~m Board of the Town of Southold wishes to accept the offer of the gift of property owned by Herodotus Damianos, comprising approximately 20 acres located on the northerly portion of a 54.4 acre parcel~ located at the end of Jennings Road in Southold, Nexv York, identified as part of SCTM# 1000-59-3-28_4, pursuant to the provisions of Chapter 6 of the Code of thc Town of Southold. The exact area of the property to be gifted is subject to a survey; now therefore be it RESOLVED by the Town Board o£the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq_; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules ~nd Regulations; be it fi.uther RESOLVED by the Town Board of the Town of Southold that the Short Environmantal Form prepared for this project is accepted and attached hereto; be it further RESOLVED that thc To~xm Board of the Town of Southold hereby finds no significant · impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold To~m Clerk RESOLUTION OCTOBER 9, 2001 V - 691 WHEREAS, the Toxxm Board of the Tox~ of Southold wishes to accept the offer of the gift of property owned by Herodotus Damianos, comprising approximately 20 acres located on the northerly portion of a 54.4 acre parcel, located at the end of Jennings Road in Southold, New York, identified as part of SCTM# 1000-59-3-28.4, pursuant to the provisions of Chapter 6 of the Code of the Town of Southold. The exact area of the property to be gifted is subject to a smwey; now therefore be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the To;xm Bom'd of the To;sm o f Southo 1 d that the To;sm of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the To;sm of Southold that the Short Emfromnental Form prepared for this project is accepted'and attached hereto; be it further RESOLVED that' the Town Board of the Town of Southold herebv finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. DIL&FT resolution for 10~9'01 TB meeting -SEQ1L~ resolution Herodotus Damianos S CTM#1000-59-3 -28.4 ~xq-[EREAS, the Toxin Board of the Toxsm of Southold wishes to accept the offer of the gift of proper~y owned by Herodotus Damianos, comprising approximately 20 acres located op the no~1herly portion ora 54.4 acre parcel, located at the end of Jermings Road in Sonthold, New York, identified as part of SCTM# 1000-59-3-28.4, pursuant to the provisions of Chapter 6 of the Code of the Town of Southold. The exact area of the property to be gifted is subject to a smlrey; now therefore be it RESOLVED by the Tox~m Board of the Tox~-n of Somhold that this action be classified as an Unhsted Action pursuant to the SEQ1La~ Rules and Regulations, GN¥CRR 617.1 et. Seq.; be it fitrther RESOLVED by the Town Board of the Tox~ of Southold that the Town of Southold is the only involYed agency pursuant to SEQ1L~ Rules and Regulations; be it further RESOLXD~D by the Town Board of the Town of Sonthold that the Short Envirorm~ental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the To~x-n of Southold hereby finds no sigthficant impact on the environment and declares a negative declaration pursuant to SEQ1L{ Rules and Regulations for this action. PROJECT I.D. NUMBER I 617~20 Appendix C "~ State Environmental Quali~ Rev~w SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART ]--PROJECT INFORMATION ("to be completed by Applicant or Project sponsor) 3. PROJECT LOCATION: 4. PRECISE LOCATION (8tre~t add~e.~ and road intme~lion$, pr~ni~lent lantirn&fY, s, arc, or provide SEQR 5. I$ PROPO~F-D ACTION: [] Expansion 6_ DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: IniUall'¢ '~- ~'0 acres Ultlmat~Jy '~ ~, 0 acres 8. W Lt. PROPOSED ACTION COMPLY WITH ~XIST[NG ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~Yes [] No If NO, describe briefly 9- WHAT iS PRESENT LAND USE IN VICINITY OF PROJECT? 10 DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY {FEDERAL, STATE OR LOCAl-)? es NO f yes, is[[ agency(s) and J~ermPdapprovais DOES ANY A~PECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? [] Y~ ~o If yes; li~t agen~ name and pormit/a~pmval . -.~.. 12..~ A RESULT OF PROPOSED ACTION WILL EXJ~TING PERMIT/APPROVAL REQUIRE NtODIFICATIO~? I CE'RTIFy THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Ama, and you are a state agency, comPlete the Coastal Assessment Form before proceeding with this assesSment, OVER 1 DOES ACTION EXCJ~ED ANY TYPE I THRESHOLD IN 6 NYCRR PART 6-17.47 If yes, coordinate the review pr~ce.~s a~d use the FULL EAF. [] Yes WILL ACTION RECEIVE COORDINATED Fe~E~/AS P~OVIDED FOR UNLISTED ACTIONS IN 6 NY~-~ ~ PART 617_67 If No, a negative'declsration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS AESOC!ATED WITH YHE FOLLOWING: (Answers m~y he handwritls~ ii= legible) C1 Existing air quaJity, sud~ce o~ grouedweter qua!lty or quantilT, noise levels, existing trai~lic patterns, solid waste production or disposal, polential for erosio~ .drainage or flooding probl~rns? Explain briefly: C2. Aesthetic agricultural, a~chaeologlsal, historic, er other natural or cultural resources; or community or neighborhood character? Explain briefly: C3_ Vegetation or fauna, fish, shellfish or wildlife species, significant habilats, or threatened or end~ngereg species? Explain briefly: C4. A community's existing plans qr goals as officially edopte~, or a change in use or intensity of use of land or othe~ nerul3J ~.~ou roes? Explain briefly C5_ Growth, sub, lent development, or relslsd activities likely tc~ be induced by the proposed action? ExplsJn briefly_ C7_ Other impacts (including changes in u. se of either quantity or type of e~ergy)? Explain brieliy. D. WILL THE PROJECT HAVE AN.iMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTASUSHMENT OF.A CEA? [] Yes E: IS THE~E, OR ISm~ERE UKELY TO BE, CONTROVERSY RELATED TO POTENT]AL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes ~-No If Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it Is substantial, large, important or otherwise significant. E~ch effect ahould'be assesspd in connection with its (a) selting (i.e. urban or rural); (b) probability-of.occurring; (p)'clu~'ation; (d) irreversibilit~ (e) geographic scope; and (f) m;~nitucle. If necessary, add attachments er reference supporting materials. Ensure that explanations contain sufficient detail to show that ali relevant adverse impacts have I~een iden~ii:ied and adequatcqy ~Jdressed. if question D of Part II was checked yes,.the determination and significance must evaluate'the potential impact of the proposed action on the environmental characteristics ct: the CEA. [] Check this box if you have identified one or'more potentially large or significant adverse impacts'which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaratibn. ~]~ Check this box if you have'determined, based on the information and ~nalysis abOve and any supporting --documentation, that the'Proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the masons supporting this determination: Name o~ Lead Agency ,;/,/o, 2 ELIZABETH A. NEVILLE TOWN CLERK REGISTi~,kR OF VIT.kL STATISTICS M~klLRIAGE OFFICER RECORDS i~L~AGEMENT OFFICER FREEDOM OF INFOIL~LiTION OFFICER Town 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 SOUTYIOLD THIS IS TO CERTIFY THAT THE FOLLO~VING RESOLUTION NO. 673 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTE~{BER 25, 2001: RESOLVED that the Town Board of the To~ of Southold hereby sets 5:02 p.m., Tuesday~ October 9, 2001, Southold Town Hall, 53095 Main Road~ Southold, New York. as the time and place for a public hearing on the question of acquisition by gift of approximately 20 acres of property from Herodotus Damianos, for open space preservation purposes, which may include the establishment of a park, natare preserve or recreational area, in accordance with Chapter 6 (2% Cotmmmity Presentation Fund) of the Town Code. The properW is located at the end of Jennings Road in Southold, New York. The parcel, knoxxm as SCTM#1000-59-3-28.4, comprises a total of approximately 54.4 acres, the acquisition by ~ft would be for approximately 20 acres on the northerly portion of the 54.4 acre parcel. The total price would be costs associated with transfer of title of land to be gifted; and be it FURTHER RESOLVED that a more detailed description of the above mentioned parcel of lm~d is on file in the Southuld Town Clerk's Office, Southold Tox~m Hall 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESOLUTION SEPTEMBER 25, 2001 V - 664 XVttEREAS the To~m Board of the Town of Southold is considering the construction of a stormwater detention facility and fishpond with anticipated reimbursement of funds from the NYS Department of Transportation and with all necessary approvals obtained from the NYS Department of Emfronmental Conservation; be it therefore REsoLVED that the Town Board declares itself to be the lead agency pursuant to SEQRA rules and regulations, 6 NYCRR 617.6(a)(4); and further be it RESOLVED that the Town of Southold, upon completion and review of the Short Environmental Assessment Form and attachments, prepared for this project and attached hereto, makes a determination of significance for this proiect, to be that there will be no signfficant adverse impact on the environment and thereby issues a negative declaration pursuant to the SEQRA rules and regulations, 6 NYCRR 617.7 et. seq. Appendix C State Environmental Quality Review --- SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ~:'. PART I--PROJECT INFORMATION (To be completed by Appllcant or Project sponsor) APPUCANTISPONSOR I 2. PROJECI' NAME Town of Southold I Route 25 Stormwater Rechacge Basin Municil=~[~/ Southold courtly Suffolk SCTM ~1000-45-2-11, 72250 Main Road, Greenport, NY 11944- Remove 6,500 cubic yards of material from the site to construct a stormwater recharge basin, as p~rt' of a NYSDOT/Town of Southold water improvement program. DOBB ACTION iNVOLVE A PERMIT APPROVAI~.OR FUNDING, NOW QR ULTIMATELY FROM ANY QTHEF[ GOVF_RNMENTAL AGE,ICY (FEDEP~L. STATE OR LOCAL)? /- I~ Yes E~No If yes, Iisi agency(s) ~d permlUal~pro~ls ' 11. 12. AS A RE-~JLT OF P SED ACTION WIL~- E~ISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ~ Ye~ I CERTIFY THAT ~'IE INFORMATION PROVIDED ABOVE IS TRUE TO ~'HE BE~-T OF MY KNOWLEDGE Town i~Sout hold If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 .--PARTqI'--ENVIRONMENTAL ASSESSMENT',..~..be completed by Agency) ,.~,~' DOES ACTION EXC ANY TYPE [ THRESHOLD IN S NYCRR. PART B1r.127 II yes. coordinate the review process and use the FULL EAF, B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 5 NYCRR. PART 617.67 If No, a negative declaration may be superseded y ~nother involved agency- C. COULD ACTION RESULT iN ANY ADVERSE EFFECTS A$SOC[ATED WITH THE FOLLOWING-' (Answers may.be handwi'itten, II legible) Cl. E~isting ail' quallt'y, surtace ar groundwater quality' o¢ quantity, noise levels, exlsUng Ira. tf{c paUem~, solid w~te production or NO NO C6. Long term. short lerm, cumulative, or other elfect$ nat identilied in Clq;5? Explain briefly. NO C?. OIher im~3act$ (including changes in use ol either'quanUty or type ol energy)? Explain b¢ielly. NO O. IS THERE. OR ~S THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Y~-s [] NO I[ YL% e~plain briefly NO PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse oN'oct identified above, determine whether it is substan rial, large, im~3ortant or otherwise significant. Each eIlect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability ot occurring; (c) duration; (d) irrev=.rsibilily; (e) geographic scope; and (I) magnitude. I[ necessary, add attachments or reference supporting materials. Ensure thai explanations contain sutficienl detail to show thai all relevant adverse impacts have been identiliecl and adequately addressed. [] Check this box if you have identified one or more potentiatly large or significant adverse impacts which MAY [~cChecr, Then proceed directly to the FULL EAr and/or prepare a positive declaration_ ' k this box if you have determined, based on the information and analysis above and any supposing documentation, that the proposed action WILL NOT result.in any signlficsnt adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Town of Southold l~,xa.e.u t i v o Assi ~q't anl~ 2 PUBLIC HE.M[ING October 9, 2001 5:02 P.M. ON ACCEPTING 20:~ ACP,_ES OF WOODL.A. ND FROM H. DAMINANOS, SCTM #1000-59-3-28.4. Present: Snpervisor Jean W_ Cochran Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richter Tox~m Clerk Elizabeth A. Neville Toxxm Attorney Gregory F. Yakabosld SUPERVISOR COCHR_AN: We will open for our second hearing, which is the public hearing on the accepting 20 acres of woodland from Dr. Dan~ianos. Brian, why don't you read it you are land preservation_ COUNCIL MURPItY: "NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 6 (2% Community Preservation Fund) of the Code of the Toxxm of Somhold, the Tox~a~ Board of the Town of Southold will hold a public hearing at 5:02 P. M. on the 9th of October, 2001, on the question of acquisition by gift of approximately 20 acres of properl3' from Herodotus Damianos, for open space preservation purposes, which may include the establistunent of a park, nature preserre or recreational area, in accordance with Chapter 6 (2°,/o Community Preservation Fund) of the Town Code. The property is located at the end of Jemfings Road in Southold, New York. The parcel, 'knoxxm as SCTM#1000-59-3-28.4, comprises a total of approximately 54.4 acres, the acqnisition by gift would be for approximately 20 acres on the northerly portion of the 54.4 acre parcel. The total price would be costs associated with transfer of title of land to be gifted; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold Town Hall 53095 Main Road, Southold, New York, and may be examined by an3' interested person during business horus. Dated: September 26, 2001. By order of the Southold Town Board. Elizabeth A. Neville, Southold Town Clerk." We have notice that it was published in The Suffolk Times, and that it was on the Bulletin Board of the To~m Clerk. There is no other correspondence. SUPERVISOR COCH1CM'XT: You have heard the reading of the public notice in relation to accepting a gift of m~enty acres of mostly woodland from Dr. Damianos. Is there anyone who would like to speak pro or con in relation to tiffs gift to the town? (No response.) Melissa, would you like to do your little presentation? First I would like to introduce Dick Ryan, who is Chairman of our Land Preservation Committee, and Melissa is head of our Land Preservation Department_ She is the only one in the department, but we will get you a secretary one of these days. MELISSA SPIRO: Thank you. I am speaking for both my department and for the conmtittee. As the Super~4sor mentioned Dr. Damianos has offered as a gift to the Toxvn approximately 20 acre wooded ~rea in Southold. As you can see from the map, maybe you can't see it, so I will describe it_ The property is located at the end of Jennings Road. Jermings Road intercepts Horton's Lane from the east, and to the north, Booth Road, which is a short road intersecting with Sound View Avenue. The property is part of a 54.4 acre parcel located in agricultural preservation zoning district. The 20 acre property contains a portion of Jennings Road including a cul-de-sac. Access to the property is fi'om this area of Jermings Road. A survey is being prepared to establish the exa~t area of the gift, and subdivision will be completed to separate the wooded twenty acres from the remaining 34 acre area, which is currently planted in grapes. The wooded area will be gifted to the Town, and the remaining 34 acres will remain as agriculture. According to the Tax Assessors Office taking the property out of the tax base will result in the change of less than 1/10ch of 1%. The twenty acre wooded property does not contain any improvements at this time other than the road access. In the future, the Town may wish to improve the property as a park, nature preserve or passive recreational area with natm-e trails. I've discussed this property svith the Land Preservation Conmnittee. The Committee is excited about the chance to preserve this beautiful piece of wooded area, and thm~s Dr. Damianos for Iris generous gift to the Town. SUPERVISOR COCHRAN: Thank you, Melissa. Mr. Ryan, anything you xvould like to add? (No response.) Anyone else like to speak pro or con in relation to accepting this ~ft? (No response.) We l~ad another one earlier in the year from Mr. Herbert Wells. That is a beautiful piece of wetland down the end of Wells Road, and we have had some nice donations fi:om Mr. Hubbard along the North Road up here, so we are not shy. If you want to offer us something, or bequeath something to us, we certainly will be open-minded. Also, perhaps you notice or didn't notice in the prior resolution Barney Sidor, he is a good old farmer, and he has decided to sell his farmland development rights to the town, and we are paying $20,000 an acre, xx&ich is more in keeping xvith the value of the land as the farmers sell us their farmland development rights. I think all of us no matter what political affihation yon are has the preservation and the quality of life in Southold foremost in your mind. It is a life that we so dearly hold, and it is something that we treasure day in and day out. We feel that we can achieve those goals without being mffak to any particular group. We think it is important that the cormnmfity stay together on the issue, and I mn speaking about five acre zoning. I think cooperation will force a solution to some of the problems or I don't even see them as problems. I think with everyone working together that we can reach the goal, the same goal of saving farmland. I would guarantee tn:st I would like to say, Bill, that has been doing a great deal of work on th/s, but I think it is important that this goes to the Code Conunittee, x~4~ere not only do the farmers have input, the envirom-nental people, and the organizations in our town, and also the general public. The general public would like to have input in this also I am sure. I ~vould like to guarantee that the farmers will be treated fairly, and their equity will. In fact, that position hasn't changed since day one. We have alxvays be conscious of the equity with the farmer. It is my feeling that something as important to the town, and it is important, it is very important because it shouldi~'t be a political football, and that is where I see it going. That is not the place for it. It is something that is far too important. This Board has worked over the last six, eight very hard on many different programs, and zoning, and waterfi'ont revitulization, and Farmers' rights bill, and on, and on, and on, to preserve what xve have, and we have to continue in that direction. So, it doesn't always get done with, you know, by going back and forth. I always said you sit do~m and talk to people, and you try to come to same conclnsion, wlfich will be a better Southold for all of us. So, Bill, with that in the hands of the Code Committee, and Mr. Gergela fi:om the Farm Bureau is here with us today, and this is something that they would like to be a part of, and I know our envirmunental groups would also like to be a part of it, and some of the public at large_ That is where that is right now, but every time we do something like this it is just another little peek, and even through five acre zoning there are options. There are other ways you can do better than the five acre zoning. These things through discussion are beginning to come out. There is still more we are going to have to do_ This is not the answer right now where we are today. It is going to take a lot more, and there is going to be you know, anything ima~nable. If it doesn't work then we try something else, but this is important. It is important that we save our farmland, and half of our farmland, maybe more than half in xdneyards, which is very important to our economy, and simply encourage to do the best they can also. That is where I am with that. JOSEPH GERGELA: Joe Gergela, Executive Director of Long Island Farm' Bureau. Supervisor Cochran and members of the Board I waut to thank you for your comments right now, Super~'isor, where the farm community is. We have concerned about this issue. We are off to a good sram I am encouraged. I had a meeting with our counsel of the Farm Bureau and I spoke to Toxxm Counsel Yakaboski and Councilman Moore. This is the first opportunity to crack the ice and take a look at the ftrst draft that canoe out of the Smart Growth Conference. I think that there are a nmnber of concepts that we came up to identify as a starting point to move this discussion forward. We are encouraged with the process. We thank you for that, and look for;yard to working with the Board. Your comments were right on the mark_ This is not a Republican issue. This is not a Democratic issue. It is an issue about what is good for Southold, but to me more importantly it is about the business of farming, and that xvhatever ever decision gets made in the tox~ if we truly care about agriculture it has got to be understanding the business aspects of farming. I think you have heard that and understand that. So, we are delighted. We are making progress and we have a lot of work to do, but we will get it done, mid I just xvant to thank you for yom' comments. If it would be alright I know that Eric Kyle, and Bob VanBourgondien, who are our local affairs representatives, I don't know maYbe the people know about the Farm Bureau, but they don't really know how we work. I am an employee of the Farm Bureau. We have staff. We work for a Board of Directors, who gives us guidance. The Board is made of all over Long Island. We have a twenty-member board, and we work in local affairs committees in each of the towns, so virtually every town on the island has a Local Affairs Committee. So, this is a very local issue, and my job is to work with them, and deal with local matters, but the farmers themselves, or the ones that have a vested interest in this whole discussion, and they are part of it. They are working very hard on it, and I know Eric or Bob would just like to make a comment. Thank you. ROBERT VANBOURGONDI~N: Bob VanBourgondien. Bob is absolutely ri?:,ht. We have been working real hard on this so that every Monday morning for probably the last three months at a minimum_ The farm conununity is firmly committed farmland preservation, which would retain Southold's agricultural heritage and farm families. We welcome the opporttmity looking at all the options to get the job done. SUPERVISOR COCHRAN: Thmik you, Bob. ERIC KYLE: I would like to thank the Board for their endeavor. It is a very complex issue, and the whole farrmng community looks forward to working with the towx~ and with the other stakeholders, and town residents as well, to finding the solutions and guarantees we need. Thank you. SUPERVISOR COCHRAN: I think it is all something we all want. It is how we get there. So, that is important. COUNCILMAN ROMANELLI: I want to tell you that many meeting we had together you are negotiating you keep a nice level calm through all the meetings. SUPERVISOR COCHRAN: Mr_ Cooper? DOUGLAS COOPER: Doug Cooper fi-om Mattituck_ I am disappointed with the lack of participation by the agricultural community so far. Many of us feel that you have not kept up your end of the bargain where you have on several occasions assured us that you would be part of their discussion. We have second draft from the roundtable, draft from the roundtable discussions with no input from us once we got that mundtable discussion. You have Wen us yom: word about being a part of this. I go by past history. I have sec~n too many broken promises. I hope that you do better. SUPERVISOR COCHRAN: Doug, ifI may answer that_ May I mmxver that? Doug, I think you are in error. Okay?. When we had the conference over here we agreed that when the draft was done that Mr. Gergela, and the attorney fi:om the Farm Bureau, our attorney, and Mr. Moore as Code Committee Chairman would sit down and begin to look at the draft. Okay?. I have not seen the draft to date, because the next word he gave was when they reach a certain point we would call everybody back together, and we would discnss those findings. We are not there yet. That is in my mind what we promised, and that promise has been kept to date. I am sorry if you feel differently. I think you are ~wong. DOUGLAS COOPER: In the minds of many of us the promise was to be part of this ch'aft. We have not been a part of this draft. We have a draft that has come back for all facts and purposes that could be enacted at any time, too. This is not with any input fi-om the agricultural community once we had that roundtable, which was a broad discussion not ~ving any details. COUNCILMAN ROMANELLI: Two things, number ,one I agree with Jean. You are hi error_ We had a five acre zoning proposal on the table. We heard and we listened. You' know, we didn't enact anything because our minds were splayed and turned in the discussions that came about in the roundtable_ We all got an education. Myself, I got an education and different ideas from different people. So, we heard and xve hstened, and that roundtable discussion was put together so ideas could be put on the table, and so we could'walk away and put something on paper to go forward with it. We could have a roundtable discussion, and then walk away and not do anything_ We sat down and hired people, consultants, to put the synopsis and the ideas, ?11 those people's ideas into something, and was ~t perfect? No, but ~t ~s a start, and it ~s going forward4 So, ~e heard you. We didn t enforce anything. We didn't impose anything, because of the discussiohs that went about. Again, I think ynu made a mistake, but it is my opinion. TOWN ATTORNEY YAKABOSKI: Doug, we also Maureen Luccione, ~vho is my counterpart with Joe's office, Long Island Farm Bureau, we got that and we set that up. Joe, you can jump in. We did tax ~t over to Maureen, so we ~vould have a working piece of paper to work off, and Joe, I think, Joe, his assistant was there, and Eric, and I think it was an excelleut, excellent meeting. I think a lot of folk thought there was a lot of positive things came out of it without any decisions being made. I am surprised that Joe and..._I am sure they told you that. DOUGLAS COOPER: I am surprised how long and the amount of time it has taken since that roundtable. You came out with a draft and it has been how many months? COUNCILMAN ROMANELLI: Two or three months? SUPERVISOR COCHRAN: Has it been that long? COUNCILMAN MOORE: T~vo months. DOUGLAS COOPER: This is October already now. It has taken you several mouths to come up with a draft. It seems to me to make sense if you are going to come up with a draft you would be wiser to have those participants that will be affected involved in writing up that draft. You have a draI~ that for all facts and purposes can be... cOUNCILMAN MOORE: Procedurally you are offbase on that one. It can not be just enacted. DOUGLAS COOPER: Without too much more work it could be, correct? COUNCILMAN ROMANELLI: Not without public hearings_ DOUGLAS COOPER: Why go through the trouble of coming up with a draft when it all it needs is s pubhc hearing done without further input where you are directly affected. It is my impression that you waited the last three or four months: SUPERVISOR COCHRAN: Well, that is your opinion. It is not mine. If you remember and go back to the day that we all sat down and had this roundtable we hired a consultant to come up with the legislation. Okay? That is the draft. I haven't seen it yet, because our fi~st promise was to give it to Joe, his attorney, Bill Moore, and this attorney. They have been meeting and working on it. Now, it will become public information when we call the full group back, and I will be getting it the same time you are, so don't be so sensitive. TOWN ATTORNEY YAKABOSKI: Working together I believe there is going to be some changes to that. COUNCILMAN MOORE: Someone will mind for you, Doug, if commanication isn't coming through loud and clear_ Now you can be a doubter, and I respect that. You can doubt all you want. I am telling now watch fi:om today forward. Forget the past. Watch from today. You are xvatching your Farm Bureau group, and you are ~vatching your entire community. They sit down around this thing and hash this out. Forget the past_ Go from today. Just sit back and watch if you don't waut to participate. DOUGLAS COOPER: My history teacher in school told me that those that can't remember history will live to repeat it. COUNCILMAN MOORE: 1 read that quote, too. DOUGLAS COOPER: It is a more complicated exercise than five acre zoning. Five acre zoning would probably make things work, but you have got that concept. You should sit down and work with us. When you have a draft prepared be consultants the idea was at the rotmdtable that we would be part of this draft. COUNCILMAN MOORE: You are in error, but it is not what the agreement was. You have to get past that point. DOUGLAS COOPER: I was at the roundtable. COUNCILMAN MOORE: So was I. We could have sat going over sentence by sentence, and spent a month doing it_ Instead we hired someone to try glean and gather all the various points that were heard and try to intensify them into documents, xvhich we will then shared with you_ Your memory is different than om- memory, then other people in the room's memory. But move forward from here. That is all I am saying. Thanks. JOSHUA HORTON: Good afternoon again_ Josh Horton from Greenport. I thought I would acknowledge the Town Board to get off the subject the passing of one of Greenport's last of a breed, the passing of John Diinzio, ~vho was one of Greenport's, one of Southold Town's, last successful and working bayman. I mottrn his passing. He was also a committed to community service, being a football coach with Craig Richter. At any rate I come before the Town Board this afternoon as a working person in Southold Town, as a 29 years old profession mariner, xvho's salary is $52,000 a year moxfng oil barges up and dm~qx the east coast, wl~ich at one time was certainly an honorable trade, and certainly well-paid trade. Now it is just a trade like any other trade, and I am a tradesman. I am a very proud tradesman_ I can make more money than that per year. That is based on 183 days a year at sea, so ifI spend 220, 240, 300 days at sea I can make more money. In fact ifI spend 365 days a year at sea I can afford to live in Southold Tox~rn. Of course if I spent 365 days a year at sea I don't live in Southold Tow~. I appreciate the Board's stand on moving forward, and I see that it could become a political atrium, and I am coming to you as a working person. I am coming to you speaking of the voices of 2200 other working people who are in my income bracket, young and old, who I have spoken to in the last couple of months. What I have written here I wrote back in June after I heard a young man, a volunteer fireman stmxd up and speak to the Toxxm Board in opposition to five acre zoning in fear of ~vhat it might do to Iris future here in Southold To~cn. [ tmderstand that there is sentiment amongst the farming cormnuulty of their concerns. It isn't just about farming. This is about rural Southold Town and the community of working people with less and less represented, and working people have less and less of a furore here. This is what I would like to say, and some of my sentiments echo your sentiments this afternoon. The Board's push to upzone farmland to five-acre development is poison to the agricultural environment economic growth and rural identity. It is also clear that this proposal enjoys no support from the farming community or working families sttwiving on modest incomes, without which no plan is viable for the preservation of Southold as we know and love it. The problem at hand is awesome and complex, k's solution can only be fotmd through an open and honest dialogue as inclusive of the community and imSte outside thinking and support, and this is what I echo of what you are saYing opinion today. I appreciate that. It is crucial that any plan however include the future of working people in this to~xm, people who work for you, John, people who work for you, Craig. I ask you the Southold Town Board officially here, as a working person of Southold to retract your proposal for five acre zoning as it surely is not only a staggering blow to the agricultural community, and a one way ticket out of town for ah'eady struggling xvorking people. It is in fact and a misguided notion that does nothing to arm the coastal fabric and rural identity of this town yet stands to change the face of Southold i~cevocably to that of an elite cornmun/ty. It is time to show some humility and listen to those who have spoken to this issue, and act responsible to the people of Southold Town, and understand that is your intention. If you feel the pressure of development is too great then it may be prudent to an act of moratorimn of some sort, or have a six-month moratorium on major subdivision planned for both the R-80 and AC zoning districts if the current development is that strong. As well a blue ribbon commission for the preservation of rural Southotd must be established and it must consist of planners, representatives of the agricultural community, environmentalists, financial experts, developers, the Supervisor, and another Town Board member.'I call upon the Board to retract it's proposal, not work with the community, but retract their proposal for five acre zoning, and create tiffs commission that I have outlined. The time has come to acknowledge that the only way we can combat over development is to embrace the industries that keep the land open and productive, and Mr_ Murphy, as a preservafioinst I think you are great. The future of this mml area, as a rural area can only be insured by progressive and proactive planning_ Anything less you all know and will agree is absolutely unacceptable. SUPERVISOR COCHRAN: Thank you for your comments. COUNCILMAN MURPHY: Josh, I would just like to respond to some of the things you said here. True, land values have skyrocketed here in town, but is that a bad thing? I mean every person in this room is a homeowner can look at today and say, gee, my house is worth twice what it was five years ago, seven years ago. That is built equity_ I have no conrrnl over that. A farmer today, I mean we are paying $20,000 an acre for a farm for the development rights. Five years ago, eight years ago, they would have been very happy to get $20,000 an acre for the whole farm. What has happened economics and good planning by the Town has brought tkis to a place where people want to be. The vineyards are coming here because we have the best climate in all of probably the east coast. JOSH HORTON: The government's job is to protect the people of Southold Town. COUNCILMAN MURPHY: Josh, we are trying to address them. We are trying to address the needs of the working people with our affordable housing projects, and what we are proposing and I am sure as things come along. I am not married to five acre zoning, but I am married to preservation of that big farm belt up there, and not having housing up in there. If this connnittee that is working together now comes up with a solution that works to reduce the density in town 11 will be 100% for it, because we can't let this town build out_ I mean we don't have water. We are trying to preserve that whole water belt up there. Every report has basically said for the past txventy-five years you cmmot let the farm belt build out, and this where I think this Board is coming from_ With the Land Preservation Fund, and what xve have done in the purchase of development rights and open space, and that, these are the things that we have done to make this community a community that people want to come to, and ~x~en they want to come to they are willing to pay. All right? That is not bad. It is bad for the person, who is low income or middle income. Yes. That is why we are trying address those issues, but to say to every person in this room that o~ms a home, well, that is terrible, because your home doubled in price through economics, and being a place where everybody wants to come I can't agree with you there. I am sorry. JOSHUA HORTON: The xralue of homes will continue to grow. COUNCILMAN MURPHY: They certainly will. JOSHUA HORTON: Absolutely, with or without five-acre zoning. COUNCILMAN MURPHY: No, they will not grow. JOSHUA HORTON: It is detrimental to working people. COUNCILMAN MURPHY: If you let this town build out you end up with press value. You will end up with a Selden, Centereach, that is what you will end up with. You keep that farm bek open up, and keep it in grapes and fanning then, yes, land values will still go up. I mean I have stayed out of this meeting with them purposely_ I am candidate this year. I didn't feel that it should be politicized whatsoever. I felt that Bill Moore, and these gentlemen and Greg could sit and work out someth/ng without any political agenda, and that is why I stayed away from these meetings. I figure they will come back to report to this Board with everybody, and that is where we will come out. As I say, I am not married to five acre zoning. I am married to preserving that big farm belt. We are working on a proposal. SUPERVISOR COCHRAN: Gentlemen, most of the time....Sir, I am not going to have this turned into a debate. You are both candidates for office. You have been invited to numerous organizations and Chambers to debate the issue. Town Hall is not the place for politics. Mx_ Cooper, if you have comments that are non-political I will take them. Thanks, Josh. Wait a minute_ V~rhat are you going to talk on? DOUGLAS COOPER: I just wanted to address the build on the five-acre zoning, that Mr. Murphy alluded to. He said that we would be a Centereach. We should ail realize the fact that for the last five years the average densities here is better than ten acres for a building lot. SUPERVISOR COCHRAN: It is better than the five. Yes, it is. DOUGLAS COOPER: This is because of the preservation activities of the Pecodic Land Trust to purchase farmland development. SUPERVISOR COCHRAN: We realize that. DOUGLAS COOPER: These are good things. We are not going to have a Centereach. SUPERVISOR COCHR_AN: We are getting in the debate area. I am not going to have that here. We try very hard to keep politics out of Town Hall. Now, yOU Can believe that or not believe that, but that is me. Okay? I don't want a debate, Doug, so I appreciate your .comments, and thank you for sharing with us, and come to one of the debates. Mx. Krupski? ALBERT KRUPSKI: Good evening. A1 Krupski from Cutchogue. I am getting a little bit of a mixed message from the Town Board here, and I have to say with agee with Mr. Cooper's statements, that every time comes out xvith a statement then it is changed, and then it is changed again, and so I would like to ask, and I see when I read .fi.om the paper that people say that they have to get this five-acre zoning through if it is the last thing they do fairly recently. COUNCILMAN MURPHY: I said that in the heat of the moment one rfight. ALBERT KRUPSKI: Is it still? COUNCILMAN MI.rRPHY: What I just said right now is that whatever this committee comes up with, and then through a round table discussion that preserves the big farm belts I am in perfect agreement ~vith. ALBERT KRLrPSKI: I have a question for the whole Board then. You came out with a statement tonight to hichide the people who kept the rain, land open until now in the discussion on land preservation. Do you have a tinmtable for this? Is there a schedule for this? (unintelligible.) COUNCILMAN MOORE: (unintelligible.) oppose this idea. We sat doxxm and had a round table discussion in~'iting the lama community add their input we came up with a draft proposal we promise to give it to the farm community for their immediate reaction, xvhich xve did. Maybe I am talking to the ~wong guys in the farm comraunity. I don't thh~k. Bm, xve have said we are going to move forward. By the way, Joe said, put ail the heat on this thing you want to. The bottom line is farmland preservation. How we get there we can discuss, we can debate, we can throw some ideas around. So, I think Eric and Bob, and Joe have .said, if I want to sit down weekly with the whole group in a Code Committee meeting, and everybody who has an interest we can do it weekly, and see how quickly we can move. ALBERT KRUPSKI: I guess nay question is, who is going to h~itiate th/s now? COUNCILMAN MOORE: The Code Conmaittee can pick it up and run with this. I ana Chairman of the Code Committee. SUPERVISOR COCHRAN: I believe when Mr. Gergela and his attorney and Mr. Moore, and our attorney get to the point ~vhere they feel, yes, now we bring the large groups together, that is when it will happen. ALBERT KRUPSKI: I look forward to action. Thank you. SUPERVISOR COCHRAN: We were in middle of a heating. Dr. Damianos, land preservation, we can squeak it in. HERODOTUS DAMIANOS: What you are seeing happening here tonight is basically democracy at work, and you are seeing lots opinions thrown around, and many of them shared by many who are fi'ustrated, but I have to say there may be some misunderstandings about the way the events took place, but I don't want to look back_ I would rather look forward, and I think what our individual personal feelings may be that ~ve are all committed to the same goal. The farming community anxiously and vigorously looks forward to participation, and whatever the final outcome of th/s, and however we get there. So, that is all I wanted to say_ Thank you. SUPERVISOR COCHRAN: Any other comments on accepting the gift of Dr. Damianos? (No response.) If there is not, I will close the heating. Southold Town Clerk NOTICE OF PUBI.[C IlEA'RING NOTICE IS HEREBY GIVEN Ihat pursuant to the provision,s of Chapter 6 (2,~. Community Prescrvat,t:n-Fund) or the Code of thc Town ol; Southold, the i ?Town' Board Of the Town of Southold sgace preservation purposes~ which~may nature preserve~'or recreational -area, in [ STATE OF NEW YORK) )SS: _ (~,t.Y'~_l/~"t?~ 'of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weeldy newspaper, pub- lished 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 pub- lished in, said Newspaper once each week for / weeks successNely, commencing the ~//, day on of ~,'7~, 20 I~, 'ii may be eXamined by anY. interested per- t;:i?Dated: se'ptbrnber 26; ,2~I ' SOUTHOLD ~O~ C~ TOn Principal Clerk Sworn to before me this ) '7 dayof Oc°~)'~ '' 20 . ,~.~./.....~__~ DAVID W. OLSEN Notary Public, State of New York No. 020L6020974 Qualified in Suffolk County ¢._. Commission Expires March 8, 20. LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 6 (2% Community Preservation Fund) of the Code of the Town of Southold, the Town Board of the To;xm of Southold will hold a public heating at 5:02 P. M. on the 9th of October, 2001, on the question of acquisition by gift of approximately 20 acres of property from Herodotus Damianos, for open space preservation purposes, which may inchtde the establishment of a park, nature preserve or recreational area, in accordance with Chapter 6 (2% Community Preservation Fund) of the Town Code. The property is located at the end of Jermings Road in Southold, New York. The parcel, knoxxm as SCTM#1000-59-3-28.4, comprises a total of approximately 5'4.4 acres, the acquisition by gift would be for approximately 20 acres on the northerly portion of the 54.4 acre parcel. The total price would be costs associated with transfer of title of land to be gifted; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold Town Hall 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: September 26, 2001 BY ORDER OF THE SOUTHOLD TOY~qN BOARD ELIZABETH A. NEVILLE SOUTItOLD TOWN CLERK PLEASE PUBLISH ON OCTOBER 4, 2001, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NE'~rlLLE, TO'*VN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Towm Attorney John Cushman, Accotmting Land Preservation Cunnnittee Department of Land Preservation Agnes D. McGum~igle Town Clerk's Bulletin Board STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH .a~ NE~rlI. LE, Town Cl~rk of the~Tow~ ofSouthold, Nexv York being duly sworn, says that on the ~ day of ~Ad~0, ~.~ ,2001, 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: Tovns Clerk's Bulletin Board, 53095 Ma'm Road, Southold, New York. NOTICE OF PUBLIC HEARINGS FOR MARCH 13, 2001 H. Damianos 5:02 pm - C~lizabe{h A. Ne~'ille Southold Tow-n Clerk Sworn before me, this _.~ay of~, 2001. ~' ' ~otary Public LYNDA M. BOHN NOTARY PUBLIC, State ¢~ ,~le~ YI~ NO. 0180602093~. Oualifie~ in Suffolk Cot~n~ Term Exp~'es Mamh 8, 2.0 ~..~ 10:37 F.LT,. 516 765 1366 Southold Towo. Accounting Ms. M¢lisso 5piro be~t. O~ b~d Preservation. 53095 Main Road 5outhold, NY 11971 Dear Melissa, Pursuant to our. meeting of Huly Z001 rcgardin9 the don=tion of a ce4~rain I~rc~l of l~nd in the town of 5outhold and es a representative af Pincl~r Vineya~Js, ~: would like to submit the following: 1. Oatate ;~0 (+ or-) a:r~ of heavily Wooded property located on .l'~r~ings Rc~d in the town of ~outhold. 5aid property has e fully paved road which will also be donated ~nd has access to electricity wnter. 2_ The s~id prope~y to be us~ ~ a nalure pre.~.rve or recreation =re~ for th~ residents of 5outhold. 5~id parcel may include a G~zebo area for picnics or other community functions. Zf the nature p~_s~rve is to I~ used ~ a community picnic ar~z, Z would also wish to donc~e the cost of conslTuc~ing ~id gazebo. 3. ]; would suggest r~ming the Ix~k, the 'Heart Cochrar~ Nal~re Preserve' in honor of our supervisor whose administration is dedicated to keeping th~ NIo~i'h Fork of Long Tslmtd 4. ~t: ~ccepted, thc town of 5outhold is not in any way obligate~l to adhere to any of the aforementioned sugg~-tions. Herodotus [3~micnos/,A.EX 001 CC: He~nCoch~ne SoutholdTo~n Supe4wisor p'g 21 - 9/28/99 ,~, ,~ RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals to the position of constable for Fishers Island at a salary of $12,053.00, effective upon the retirement of Richard Grebe. Bruce W. Hubert Todd P. Pezzzolesi Vote of the Town Board: Ayes; Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor cochran. This resolution was duly ADOPTED. Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of southold hereby accepts the proposal of RICE SERVICES, CORPORATION, to remove and dispose of tanks, clean vaults with clean fill to grade elevation, at a cost not to exceed $5,200.00, per option #2 of their proposal, and all in accordance with the approval of the Town Attorney. vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman'Hussie, Supervisor cochran. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED that the Town Board of the Town of southold hereby sets 8:30 P.M., Tuesday, october 12, 1999, southold Town Hall, 53095 Main Road, southold, New York. as the time and place for a public hearing on the question of the acquisition of certain parcel of property from K. zahler for Open Space Preservation Purposes. The property is located on the northeast corner of New suffolk Avenue and Linden Avenue (Moore's Lane, fronting on Downs Creek) cutchogue. New York. The parcel is designated as SCTM #1000-115-01-009 and comprises 5 acres. The total price would be costs associated with transfer of title of land to be gifted. vote of the Town Board: Councilman Murphy, Councilman Romanelli, Councilman Moore, 3ustice Evans, Councilwoman Hussie, Supervisor cochran. This resolution was duly ADOPTED. (~;~e~,z-~ ~¢~er~_'~,~--~[~ Moved by councilman Murphy, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of southold hereby sets 8:32 P.M., Tuesday, October 12, 1999, southold Town Hall, 5095 Main Road, southold, New York, as the time and place for a public hearing on the question of the acquisition of certain parcel of property from H. Wells fro open Space Preservation Purposes. The property is located on the easterly side of terminus of Wells Road, fronting on Richmond creek, Peconic, New York. The parcel is know as SCTM 31000-086-02-012.1 and comprises a total of 1.4 acres. The total price would be costs associated with transfer of title of land to be gifted. vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor cochran. This resolution was duly ADOPTED. SUPERVISOR COCHRAN: I would just like to, at this time, thank both of these gentlemen and these families for making these donations to the town. From time to time we do have donations, Frank, which kind of offset sometimes some of the monies that are spent through bonding, so we are delighted when someone from the community donates properties to the town that are environmentally sensitive. Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of southold that the Town Board declares the purchase of certain parcels of property from the Peconic Land Trust for Open Space preservation purposes identified by SCTM #1000-22-3-19; SCTM #1000-22-3-20; SCTM #1000-22-3-21; SCTM #1000-22-3-22 an unlisted Action under the SEQRA Rule and Regulations, 6 NYCRR 617.1 et. seq.; be it further RESOLVED that the Town of southold is the single involved agency and thereby is lead agency for SEQRA purposes pursuant to 6 NYCRR 617.1 et. seq.; be it further RESOLVED that the Town of southold, upon review of the short Environmental Assessment Form prepared for this project, makes the determination of significance for this project to be that there will be no significant adverse impact on the environment and thereby issues a negative declaration pursuant to the SEQRA Rules and Regulations, 6 NYCRR 617.1 et. seq. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Justice Evans, Councilwoman Hussie, Supervisor cochran. Abstain: Councilman Moore. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Murphy, it was RESOLVED by the Town Board of the Town of southold that the following proposed Local Law be referred to the Town of southold Planning Board and the Suffolk County Department of Planning for report ,and recommendation: "A Local Law to Amend Section 100-243 entitled 'nonconforming buildings with nonconforming uses", of the zoning code of the Town of Southold" "A Local Law to Amend the uses and conditions for the Residential office (RO) District of the zoning Code of the Town of southold" "A Local Law to Amend chapter 100-13 of the Zoning Code of the Town of southold b~ Adding a Definition for Private Warehousing and Public Warehousing' · 10/12/99 17 Tuthill Rd_ South Yeunecott Dr. Southold II. Severability. If any section or subsection, paragraph, clause, phrase or proxdsion of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby slmll not affect the vahdity of tiffs law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional_ III. This Local Law shall take effect immediately upon filing ~vith the Secretary of State. · Underline represent additions. Vote of the Town Board: Ayes: Councilman Mmphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Superx4sor Cochran. This resolution was duly ADOPTED. #33 Moved by Councilwoman Hussie, seconded by Councilman WHEREAS, there was presented to the Toxxm Board of the Toxxm of Southold, on the 284 day of September, 1999, "A £ocal Law in Relation to Adding Handicapped Parking Spaces at Orchard Street, Orient, New York by Amending Chapter 92, Section 92-48 of the Code of the Town of Southold; and WHEREAS, a public hearing was held on this Local Law on the ~_ aay of October, 1999, at which time all interested persons were given an opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAWNO_ 12 OF 1999 A Local Law in Relation to Adding Handicapped Parking Spaces at Orchard Street, Orient, Town of Southold, Ne~v York. BE 1T ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 92 entitled "Vehicles and Traffic", Article IV, "Parking, Standing and Stopping" §92-48 "Handicapped Parking" designating the parking of motor vehicles by individuals with handicapped license plates or permits is hereby mnended as follows: Nan~e of Street Side Location Orchard Street East From the northeast comer of Village Lane and Orchard Street easterly along Orchard Street adjacent to the United Methodist Church. II_ Severability. If any section or subsection, paragraph, clause, phrase or pro,rision of this law shall be judged invalid or hold unconstitutional by any court of competant jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part of provision so adjudged to be invalid or unconstitutional. IIh This Local I_aw shall take effect immediately upon filh~g with the Secretary of State. *Underline represents additions Strikethrough represents deletions. Vote of the To~m Board: Ayes: Cotmcilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hnssie~ Super~'isor Cochran. This resolution was duly ADOPTED. #34 Moved by Councih'nan Romanelli, seconded by Councilman Murphy, WHEREAS, H. Wells has offered to girl a parcel of land to the Town of Southold uuder the Open Space Program for Land Preservation; and WHEREAS, the Tow'n Board of the Tox~m of Southold held a public hearing on the question of the acquisition of the H. Wells property on the 12ih day of October, 1999 pursuant to the pro~'isions of the Chapter 59, Open Space Preservation of the Town Code of the Town of Southold, at which time all interested persons were given an opportunity to be heard; and WHEREAS, the Town Board deems it in the pubhc interest that the Town of Southold acqtdre the H_ Wells property; now, therefore, be it RESOLVED that the Town Board of the To~xm of Southold elects to accept the H. Wells property, located on the easterly side of the terminus of Wells Road, fi:onting on Riclnnond Creek, Peconic, New York, SCTM #1000-086-02-012.1, consisting of approximately 1.4 acres, at a total price of the costs associated with transfer of the title of land to be ~tted. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cockran. This resolution was duly ADOPTED_ #35