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HomeMy WebLinkAboutLevin, Jack JEAN W. COCHILkN -~ ..... '" ~ Supervisor GREGORY F. YAKABOSKI TOWN ATTORNEY Town Hall, 53095 Route 25 P.O. Box 1179 MARY C. WII. SON Soul;hold, New York 11971-0959 Telephone (631) 765-1889 ASSISTANT TO~VN ATTORNEY Fax (631) 765-1823 E-mail: townat torne}~southo Id.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: Jean W. Cochran, Supervisor Town Board Members Melissa Spiro, Land Preservation Coordinator Land Preservation Committee From: Gregory F. Yakaboski, Esq. Town Attorney Date: January 31,2001 Re: Levin Purchase status Per a phone call this morning with Jack Levin's attorney, the Levin's have signed the contract and will be forwarding it to the County for signature. The Town will then sign. Upon full execution of the contract, a title report, survey and Environmental Phase inspection will be ordered. The Levin's will also be moving forward with their Planning Board application to "set off" a 10 acre parcel directly across the street from the existing hotel/restaurant Please call with any questions. GFY:md W. COC P,. To~vn Hall, 53095 Main Road P.O Box 1179 Southold, Ne,v York 11971 Telephone (516) 765-1889 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: SUPERVISOR JEAN W. COCHRAN AND THE SOUTHOLD TOWN BOARD FROM: GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY MARY C. WILSON, ESQ., ASSISTANT TOWN ATTORNEY DATE: NOVEMBER 23, 1999 SUBJECT: LEVIN PROPERTY SCTM#s 1000-044-04-005 & 1000-045-01-009 Attached is correspondence received from David Fishbein, Suffolk County Department of Law, regarding the above-referenced matter. Please contact Carol if you would like to review the last owner searches noted in the letter. GFY:ck Att. , OUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE ROBERt J. CIMiNO DEPARTMENT OF LAW COUNTY ATTORNEY ADDRESS ALL COMMLINICAT[ONS Real Estate/Condemnation Bureau (516) 85]-5133 November 15, 1999 To~vn of Southold The Nature Conser~'ancy, Inc. Att: Gregory Yakaboski, Esq. Art: Jonathan C. Kaledin, Esq. 53095 Main Road 415 River Street - 4th Floor Southold, NY 11971 Troy, NY 12180 Re-.' Land Preservation Partnership for Open Space Purposes - Arshamomaque Wetlands The Nature Conservancy, Inc. to COS arrd Town of Southord T~_x'Map Nos. 1000-044-04-005 & 1000-045-01-009 (Levin and/or El Joanrac Corp.) Dear Grog and Jon: Today I received Jon's letter dated November 12, 1999 regarding the above matter. I have referred the same to Allan Grecco so that he can have Teresa Allar review the 1995 appraisals. I agree that we should explore all of our options and be prepared prior to sitting down with Jack Levin's counsel to discuss this matter further. Enclosed please find last owner searches made by the Division of Real Estate Abstract Supervisor, Donna Waide which concur with the representation of Jack Levin's counsel as to multiple ownership ofthe subject premises. We shall advise you after the appraisals have been reviewed. Please assume that it will take some time to complete this task. Very truly yours, ROBERT J. CIMINO Suffolk County Attorney ~ FISHBEIN DPF:pem Bureau Chief cc: Allan D. Grecco ~ i u~.i'~----=~-~-~-:-~;.~.~ .. [ ob Bhatt NOV I ? 1999 . (Letter TOWN ATTORNEY'S TOIAg',I OF SOUYHOLD "' · ~ NOTICEOF · PUBLIC HEARING NOTICE' IS HEREBY GIVEN STATE OF NEW yoRK] · )SS: _: fruit Pursuant to the.', provisions of ':! Chapter 59,_Open 'Space Prescr- '~ ration, ·Of'the Code of the Town of CO~TY OF SUFFOI~K) .Southoid, the 'Town Board' of the -: ToWn- ~f SoU~old ~ili hold ~' Pnblit - hea~g o~ the 6th 2~y 1~ .t Sffi$ CO~, berg d~y sworn, says ~at he/she P. M2, offihe question of theaccep- ~Cip~ clerk of THE s~FOLKat Mat~ck,T~ES' a "tance Of .the'. offer bf 'Margaret D ~d ~' e' ~acia, . Conse~a~ee; ~, by::.'~lOhn .~ wee~y newspaper, .ubBshed J:Fauikn~r, CouServat0r~ of. the roi- ' :/: 10wing"pr0periy for aCq~fion ~y ~e Tom of $ou~otd, Co~W of s~fo~ ;. the T0~n of Souffiold: ' '" State of New York, ~d ~at ~e No,ce of w~ch :".." .:S~0tk Count~;T~' Map No. ' ~e ~exed is a pmteds~d NewspaperC°PY' ~ beenonce regU-each ..~ 10~45-I-10,. comprising approx- -: imat~ly 8 .acreS~ located on the ':' .no~h~eSt, Corner of Miin-Road:and'', week for [ theweeks~ successively, day .'~{~,chap~l ': ~ane'~. Arshambmaque~. < given that. amore detailed.:descrip- ' of ~~ ' ' Clerk New York; and ~y.,~e'ex'ami~ea by . ~i ~t~estea permn durinff bu~i- ::; Dated: lu~,2Zq~: ' ..: Sworn to be~re me ~s JEAN W. COCHtkA/W To~ ~1, 53095 ~{ain Road P.O. Box 1179 Telephone (5~6) 765-1889 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY TO%'N OF SOIJTHOLD MEMORANDUM TO: SUPERVISOR JEAN W. COCHRAN AND THE SOUTHOLD TOWN BOARD FROM: GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY MARY C. WILSON, ESQ., ASSISTANT TOWN ATTORNEY DATE: NOVEMBER 23, 1999 SUBJECT: LEVIN PROPERTY SCTM#s 1000-044-04-005 & 1000-045-01-009 Attached is correspondence received from Jonathan C. Kaledin, The Nature Conservancy, regarding the above-referenced matter. Please contact Carol if you would like to review the copies of materials received from Mr. Levin's attorneys as noted in the letter. GFY:ck Att. Cons~an~ REGIONAL ~a~Ax518273~51~8 OFFICE CO~N~ November 12, 1999 ~ego~ Yakaboski~ Esq. Town of Southold 53095 ~n Road Southold, New York 11971 David P. Fishbein, Esq. Suffolk Cowry Dep~ment of Law P_O. Box 6100 Hauppauge, New York 11788-0099 Re: Le~n Prope~y--T~ Map Lot Nos. 1000-044-04-005 & 1000-045-01-009 Gentlemen: As we discussed, enclosed please find the materials I have received ~om the a~omeys representing Jack Lev~n on t~s matter. I suggest we get a determination (via an appraisal or appraiser's letter) as to the value of the approximately ~o (2) acres that Levin and the Estate MIl be keeping before sitting down to discuss the ma~er with Levin ~d ~s a~omeys. I've told them that we expect Levin to ~lffll Ms contractual obligations under the option. The option was exercised in a timely m~ner--see the enclosed remm receipt c~d. My ~ew is that rather t~ spending the money to litigate the ma~er, we would probably be be~ off adjuring the p~c~se pri~ upw~d, should your review of the appraisals (remember that the 2 acre c~e-off has to be subtra~ed ~om the appr~s~ value) ~nd~te t~t doing so ~s justified. I ~so feel our goal should be to sads~ the executors' con,ms about ~lfilling their fiduc]~ responsibilifies to the Estate's beneficiaries, while seeing that we get some so~ o~bargain out of the two o~ers of the prope~y. T~)Vv'N ATTORNEY'S OFFICE T~WN OF SOLITHOLO Gregory Yakaboski, Esq. David P. Fishbein, Esq. November 12, 1999 Page 2 One of the alternatives, of course, is to pursue specific performance against Jack Levin under the option. He would have to buy the Estate's half of the property from the Estate and then sell the entire property to us for the purchase price set forth in the option. I have other thoughts as well, but will hold off on sharing them with you until you've reviewed Ihe enclosed. While getting together with Levin and his attorneys in the near future will probably be the best way of starting to deal with this situation, it might now have to xvait until after the New Year, given everyone' s schedules I look forward to hearing fi.om you soon. SincerelQ / / JiYff~i~iaa Kaledin State CoUnsel Enclosu?es cc: Michael Dennis, Henry Tepper, Nancy Kelley, Paul Rabinovitch, Karen Bage PUBLIC HEARING SOUTHOLD TOWN BOARD AUGUST 3, 1999 5:05 P.M. ON THE QUESTION OF ACCEPTANCE OF THE OFFER OF EL JOANRAC CORP., A.K.A. JACK LEVIN, FOR ACQUISITION OF APPROXIMATELY ACRES IN GREENPORT, SCTM#1000-4~-~-5 AND SCTM #1000-~5-1.9. Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski SUPERVISOR COCHRAN: We will move on to the next hearing, which is a hearing in relation to the acquisition of property, Jack Levin's up on the North Road across the way from the motel. COUNCILMAN MURPHY: "Notice is hereby given that pursuant to the provisions of Chapter 59, Open Space Preservation, of the Code of the Town of Southold, the Town Board of the Town of Southold will hold a public hearing on the 3rd of August, 1999, at 5:05 P.M., on the question of the acceptance of the offer of El Joanrac Corp., a.k.a. Jack Levin for acquisition by the Town of Southold on the following described properties: Suffolk County Tax Map No. 1000-~-~-5 and SCTM No. 1000-L~5-1-9 comprising approximately 59.~ acres, located on the south side of Sound Avenue [Route ~8) and the west side of Chapel Lane, Greenport, New York. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the $outhold 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: July 20, 1999. By Order of the Southold Town Board. Elizabeth A. Neville, 5outhold Town Clerk." We have an affidavit that it was posted on the Town Clerk's Bulletin Board. We have an affidavit that it was published in the Suffolk Times. There is no correspondence. pg 2 - PH ~ ' SUPERVISOR COCHRAN: You have heard the reading in relation to acquisition of open space, the Levin property up on the North Road. Is there anyone that would like to address the Town Board, either pro or con? The Chairman of our Land Preservation Committee, Dick Ryan, I am very pleased to recognize you, sir. DICK RYAN: I am pleased to be here as your Chairman of the Town's Land Preservation Committee to speak of favor of the Levin property located west of Greenport. I am sorry, also, that I don't have a visual here. I thought perhaps the Nature Conservancy would have been involved in this, and they would have produced a photograph that I know is available for this project. The property is in two parcels respectively located on the south side of Sound Avenue opposite the Soundview Restaurant, and on the west side of Chapel Avenue- Additionally the land is. adjacent to other lands slated to be purchased by the town for open space preservation, which are located on the west side of Chapel Lane, and are commonly known as the Ciac~a property. Moreover the County of Suffolk is in the process of acquiring adjacent lands to the west of the Levin property which extend through Albertson Lane. In total a continuous block of approximately 1~2 acres of environmentally sensitive land is proposed' to be purchased for open space preservation. The owner has been in negotia.,~ion with the Nature Conservancy acting as an agent for the town, and has executed a purchase option ag~-eement to sell the major portion of the approximately 63 acre property. It is proposed that the Town of Southold purcl~se approximately 59.~ acres for preserwation purposes in accordance wi~.h %he provisions of Town Code Chapter 59 Open Space Preservation. I trust you have received many expressions of support for the purchase from a variety of constituencies in our town, The proper~cy has been a high priority for preservation for some time, constantl'y listed in annual, applications for grant assistance funding from Suffolk County and/or N~w York State. I believe it is anticipated that Suffolk COUnty will be a partner in cost sh~ring of this proposed purchase. The Land' Preservation Committee is enthusiastic in recommending the purchase of this propepty. The purchase is considered signal to the preservatibn of our town's q'uality of life and sense of place, while at the time lesse, ning the potential adverse affects of development on property that possess the significant and rare natural resource values, not the least of which are freshwater wetlands. The committee believes this purchase to be a wise investment in the Town's commitment to maintaining the open and rural character of our community. I urge t~e Town Board to resolve to accept the offer to purchase the title in these lands pursuar~t to the provisions of Chapter 59 of the Town Code. Thank you. SUPERVISOR COCHRAN: Thank you, Mr- Ryan. I do have a message from Stuart Lowry, who is responsible for the Nature Conservancy in this area, and he was unable to join us today, but by phone he said that he was sorry thaL he could not be present to contribute to the discussion. It is a wonderful project, and he is pleased that the Nature Conservancy could help bring it to this point. He and they strongly recommend the acquisition. It is ecologically sound both for the natural community and for the wetlands. Preserving this property will help prevent additional nitrate loading to the estuary. It is a terrific acquisition, a beautiful place, so the Nature Conservancy has been working with the County to help do this, and if you notice one of the resolutions we passed today was a resolution that we are sending to Mike Caracciolo, our Legislator with the County, because we are looking for the funding that it is going to cost the Town, and become a partnership in Gaffney's Green Way Program, and the funds that were passed, and hopefully to match this money with the County, and then we will be able to take all of it, and match it with the State, so we look for ways to.. when you pass a $2,000,0000 bond resolution we look for ways to match this money so we can build into three, four, five million dollars as much as we can, and that is part of the doing of the committee, and, Dick, we would also like thank you again for the grant that you are sending to Ag and Markets..We were fortunate last time to get what, $500,000? What was it? Close to .a millioR. The first was five, and then we got a second one, right. So, we are putting in for that money again, but we are looking at every avenue we can to find funding for maintaining some of our open space. Is there anyone else who would like to give a pro or con in relation to the acquisition of the Levin property? (No response.) If net, I will close the hearing. Thank you. Southold Town Clerk ELIZABETH A. NE~LLE //~ ~ ~ ~ ¢ Town H~I, 53095 ~i~n Road TO~ CLERK ~ ~ ~~ ~ } P.O. Box 1179 ',; ~ ~~ ~ ~, Southold, NewYork [1971 REGIST~ OF ~T~ STATISTICS ¢, ~ ~ ~ ~ ~ Telephone (516) 765-1800 RECO~S ~,L~AGEMENT OFFICER FREEDOM OF INFO~TION OFFICER ~~~~-- OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 9, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Jack Levin EIJoanrac Corporation 21695 Soundview Avenue Southold, New York 11971 Dear Mr. Levin:; Please be advised that the Southold Town Board adopted a resolution at their meeting held on August 6, 1999 to elect to purchase the open space development rights on your property on the south side of Sound Avenue (CRqS) and west of Chapel Lane._ Greenport, New York. You are hereby given notice that the Town Board does wish to purchase this property. A certified copy of this resolution is enclosed. P ~h 'L~p 7=,7 e Town Attorney to discus the steps required to bring US Postal SeMce --~~e~ified Mail Very truly yours, SENDER: ~ ...... ==~ae~mplete Jle~ite~ 3,1 an~Or4a, and2 4b.~°r add~en~ ~s. I al~ wish to receive ~e fofiowing ~J~s (~r an ~ille Consu~ pos~ter for fee. 3. ~cle Addressed ~: 4a. A~cle Number Mr. Jack ~vin 4b.S~ceTyp~]0)~ El J~nrac Corp ~ Regi~e~'~ '" 21695 Soundview Avenue D Expmss~ail [ ~ur~ ._ Southold. NY 11971 D Return R~ipt,~/~rc~a~i~ ~D 5. R~ceiv~ By: (P~nt N~e) 6. ~dre~ee'~ ..... ' / ~ ~ ~ P.O. Box 1179 TO%~ C~RKoF ~T.~ STATISTICS ~ SouthoId, New York 11971 REGIST~ : ~L~RLkGE OFFICER ~ ~ ~- :~ F~ (516) 765-6145 ~aEEDOM OF ~N~O~T~ON O~m~R OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON AUGUST 3. 1999: RESOLVED that the Town Board of Southold hereby declares the purchase of the Levin Property, $CTM# 1000-44-4-5 and SCTM#1000-45-1-9; located at the south side of Sound Avenue (Route 48) and the west side of Chapel Lane, Greenport, New York, an Unlisted Action under the SEQRA rules and regulations, 6 NYCRR 617.1 et. seq.; be it further, RESOLVED that the Town of Southold is the single agency involved and thereby is the lead agency for SEQRA purposes pursuant to 6 NYCRR 617.6(h)(1); be it further, RESOLVED that the Town of Southold, as the lead agency for this project, initiates an uncoordinated review for SEQRA purposes; 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 617.7 et. seq. Southold Town Clerk August 3. 1999 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAi~ OF VIT.kL STATISTICS ~a~ Southold, Hew York 11971 I~IARRIAGE OFFICER ~ Fax (616) 765-6145 RECORDS I~kNAGEMENT OFFICER Telephone (516) 765-1800 FEEEDOM OF INFOtLMA~ION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON AUGUST 3. 1999: RESOLVED that the Town Board of Southold hereby declares the purchase of the Levin Property, SCTM# 1000-44~4-5 and SCTM#1000-45-1-9; located at the south side of Sound Avenue (Route 48) and the west side of Chapel Lane, Greenport, New York, an Unlisted Action under the SEQRA rules and regulations, 6 NYCRR 617.1 et. seq.; be it further, RESOLVED that the Town of Southold is the single agency involved and thereby is the lead agency for SEQRA purposes pursuant to 6 NYCRR 617.6(b)(1); be it further, RESOLVED that the Town of Southold, as the lead agency for this project, initiates an uncoordinated review for SEQRA purposes; 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 617.7 et. seq. Southold Town Clerk August 3. 1999 .PR%JSCT i_D. NUMBER '""~1 617.21 "-' SEQR ' ' ' I Al~pendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART --PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2- PROJECT NAME Town Board of the Town of Southold Purchase of Levin Property Munl~,al,y Town of Southold Coumy Suffolk 5CTM#1000-44-4-5 & SCTM#1000-45-1-9; located on the south side of Sound Avenue (Route 48) and the west side of Chapel Lane., Greenport, NY. 5_ IS PROPOSED ACTION: [] New [] Expansion [] Mcdification/aReratron N / A 6. DESCRIBE PROJECT BRrEFLY: .Joint purchase of property by the Town of Southold and Suffolk County for open space preservation. 7_ AMOUNT OF LAND AFFECTED: Initially acres UTlimalely ~cfes approximately 59.4 8_ WILL PROPOSED ACTION COMPLY WITH EXISTliqG ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~J YeS ' [] NO Jl NO, describe brielry N/A C 9. WHAT IS PRESENT LA/'JD USE IN VICINITY OF PROJECT? . [] Resibential [] Industrial ~ Commercial [] Agriculture [] ParklForesllOpen space ~-lOther Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERA!.~ STATE OR LOCAL)? Funding from the County of Suffolk. I t. DOES ANY ASPECT OF THE ACT!Ot~ HAVE A CURRENTLY VALID PERMIT OR APPROVAL~ [] Yes [] No If yes. list agency name and permit/approval N/A 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL BE. QUIRE MODIFICATION?' []Yes J~No N/A I CERTrF¥ THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplJcAnllsponsor name: Town Board of the Town of Southold Da[e: L I! the action is in the Coastal Area, a.nd you are a state agency, complete the J' CoaDtal Assessment Form before proceeding with this assessment " OVER ~ PART II--ENVIRONMENTAL ASSESSMENT (To be compteted by Agency) No No No No No No No (- O IS[]THERE,Yes OR IS[]THERE[,iO LIKELYif Yes, TOexpla[nBE, CONTROVERSYbr[etly RELATED TO POTEr'~TIAL ADVERSE ENVIRONMENTAL IMPACTS? PA~T mil--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) ' { {INSTRUCTIONS: Foreach adverse efiect identified above, deterrnine whether it is substantial, large, important or oiherw~se signific~n~ Each effect should be assessed in connection with its (a) setting (i.e_ urban or rural); (b) probability of occurring; (c) duration; (d) irreYersibHity; (e) geographic scope; and (0 msgnitude. If necessary, sdd at[achrnents or reference supporting materials. Ensure [hat expianalions contain sufficient detail to show that all relevant adve~e impacts have been Identified and adequately sddreseed. [] Check this box if you have identified one or more potentially large or signi[icanI adverse impacts which MAY occur. Then proceed directly to [he FULL EAF and/or prepare a positive declaration. [] Check this box ii you h~ve determined, based on the .i'nfSrmation and analysis 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 reasons supporting this determination: Town Board of the Town of Southold Jean W. Cochran Supervisor Gregory F. Yakaboski, Esq. To?n Attorney lICK RYAN FAXED THIS STATEMENT OVER ON MONDAY. HE MAY NOT BE ABLE TO E PRESENT AT THE HEARING. IN CASE HE IS NOT PRESENT, HE WOULD LIKE THIS TATEMENT READ INTO THE RECORD AT THE PUBLIC HEARING. THANK YOU. E1 $oanrac Corp. (Sack Levin) Arshamonaque Wetlands - Open Space Purchase. $CTlVl # lOO0-O4d 04-005 and ddlOO0-O45-o1-009 My name is Dick Ryan. I am. here as your Chairman of the Town of Southold Land Preservation Committee, to speak in favor of the purchase of~e above-noted, located west of CrreenporL The propexty is in two parcels, re~spe~tiveIy located on the south side of Sound Avenue (opposite the Soundview Restaurant) and the West Side of Chapel Avenue. Additionally, '~hese lands are adjacent to other lands Slated to be purchased by the Town for open space preservation, which are located on the West Side of Chapel Lane. Moreover, the County of Suffolk is in the process of acquiring adjacent lands to the west, which ex~and to Albertson Lane. ~ total, a contiguous block of approximately 142 acres ofenvironment~Ily sensitive land proposed to be purchased for open space preservation purposes, The owner has been in negotiations with The Nature Consoev~ncy (acting as agent for the TOWn) and has executed a purchase ,option agreement to sell to the major portion of the aproximately 63-a~re property. It is pi-opos[d that the Town of Southold purchase approximately 59.4 acres for preservation purposes in accordance with Lhe provisions of Town Code Chapter 59 - Open Space Preservation. The Nature Conservancy will be providing more-particular details regarding the merits of the proposed purchase, including price. I trust yeu have received many expressions ofsuppor~ for this purchase, from a variety of constituencies in our Town. T~e property has been a high priority for preservation for some time, constantly listed in annual applications for grant-assistance funding from Suffolk Cognty and/or New York State. I believe it is anticipated that Suffolk County will be a partner in the cost- sharing of this proposed purchase. The Land Preservation Committee is enthusiastic in recommending the purchase of this property. The purchase is considered signal to preservation of our Town's quality of life and sense of: place, while at the saxne time, lessening the potential adverse affects of development on a prol~ei~ that possess significant and rare natural resource values, not the least of which ~re its freshwater wetlands. The Committee believes this purchase to be a wise investment in the Town's commitment to maintaining the open, rural character of our community. I uzge the Town Board to resolve to accept the offer to purchase fee tire to these lands~ pursuant to the open space prese~Vationlprovisions of Chapter 59 of the Town Code_ Th~mk you. August 3, 1999 Ipc/rer [0 Bg~d AN~dNOD S,NgA~ 8~g6-SB~-g~G ~:GT B66~/~0/8~ PUBLIC HEAR'lNG . NOTICE IS HEREBY GIVEN' that pursuant to the provisions of Chapter 59~. Open Space Pr~eser-' STATE OF NEW YORK) vation, of the Code of the Town Southold, the Town Board of the }SS: Town of Southold xvitl hold a public COUNTY OF SUFFOL~K) hea,ing on the3rd,of/~ngust 1,99,, J~ ~ F' [~ at $:05 P.M., on the question of the ~,. O, I { i ~ d of Mattituck, in said acceptance of' the offer of El' county, being duly sworn, says that he/she is J'oanracgCorp., a.k.a. Jack Levin for acquisition:by the town of Southold Principal clerk of THE SUFFOLK TIMES, a dn {he folio&it{g described 'Proper- ti~s:' weekly newspaper, published at Mattituck, in · S-ff01k .County :ra.~ Map._So.. the Town of $outhold, County of Suffolk and · 1000-44-4-5 and SCTM No. 1000-45- 1-9 comprising .appi'oximat~/ly 59.4 State of New York, and that the Notice of which aere~, 10}/ated'..on the' south side of the annexed is a printed copy, has been regu- :Sound Avenue '(Route 48) and the west side· of ·Chapel. Lane. larly published in said Newspaper once each Grqenport, New York. week for ~ weeks successively, FIJRTHER NOTICE is hereby ~--~O 4Ix day given ,that a ,more detailed descrip- cormmqnc~ng on the .-.-_- of land is' on file in the Southold Tow~i,Clei'k's-Office, .Southold Town HaIL :$3095 Main ,Road, Southold. New York,and may be examined by any interested person during busi- ~:,. ness:hours. · Dated: Suly 20, 19991 iHE BY ORDER OF Sworn to be.fore me this '. SOUTnOLD TOW~ BOARD ; ~OUTI-iOLD ;TOV~N CLERK ..... ~'~4~ ~z UARY DIA~IA FOSTER HO. 52-4~55242, SLJ[FOL~ CO~,~ISSION E×PtRES AUGUST. 31, LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 59, Open Space Preservation, of the Code of the Town of Southold, the Town Board of the Town of Southold will hold a public hearing on the 3rd of August 1999. at 5:05 P.M., on the question of the acceptance of the offer of El Joanrac Corp., a.k.a. Jack Levin for acquisition by the Town of Southold on the following described properties: Suffolk County Tax Map No. 1000-44-4-5 and SCTM No. 1000-L~5-1-9 comprising approximately 59.L~ acres, located on the south side of Sound Avenue (Route L~8) and the west side of Chapel Lane, Greenport, New York. FURTHER NOTICE is hereby given that a mere 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: July 20, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JULY 29, 1999, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Land Preservation Committee El Joanrac Corp.,a.k.a Jack Levin Town Clerk's Bulletin Board STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 21st day of July 1999 she affixed a notice of which the annexed printed notice is a true copy, ir~ a proper and substantial manner, in a most public place in the Town of. Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. Legal Notice - Notice of Public Hearin9 on the acquisition of property of El Joanrac Corp., a.k.a. Jack Levin under the open space preservation program 50/50% with the County of Suffolk Partnership Program. Southold Town Clerk Sworn to before me this 21s.t:lay of July , 1999:. Notary Public JOYCEM ,~rm lr--~P~res June ~, Town Hall, 53095 M~n Road ELIZABETH A. NEVILLE P.O. Box 1179 TOWN CLERK Southold, New York 11971 REGISTR.~R OF VIT.~L STATISTICS Fax (516) 765-6145 NL~RKIAGE OFFICER Telephone (516) 765-1600 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR ME,:lING OF THE SOUTHOLD TOWN BOARD HELD ON JULY 20. 1999: RESOLVED that the Town Board of the Town of Southold hereby sets 5:05 P.M-, Tuesday, August 3, 1999, at the 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 parcels of property from El Joanrac Corp., a.k.a. Jack Levin, for open space preservation purposes- The properties are to be purchased in partnership with Suffolk County under the County's Land Preservation Partnership Program, the total costs of the acquisition to be shared 50%/50% between the Town of Southold and the County of Suffolk. The properties are located on the south side of Sound Avenue (Route L~8) and the west side of Chapel Lane, Greenport, New York, SCTM No. 1000-4~-L~-5 and SCTM No. 1000-45-1-9, comprising approximately 59.1~ acres, at a price of $[~30. 000.00. Elizabeth A. Neville Southeld Town Clerk July 20. 1999