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HomeMy WebLinkAboutZazecki, Stephania JOSHUA Y, HORTON >~ Supervisor G-REGORY F. Y.~J(,.ABO SKI /~ TOWN ATTORNEY ~ Tox~m HslL 53095 Route 25 ~' ~ P.O. Box 1179 ~T~EEN M~Y ~¢~ Sou~ho]d, New York 11971-0969 ASSISTA~TO~ATTO~Y ~ Telephone (631) 765-1939 e-maih ~eg.ya~boski,~t o¢~.r out hold.ny, us ~¢¢n.~ay~to~.sou~old.ny.us OFFICE OF THE TO~ ATTORNEY TO~ OF SOUTHOLD To: Elizabeth A. Neville Town Clerk From: Gregory F. Yakaboski, Esq. Town Attorney Date: September 16, 2002 Re: IRENE KOWALSKI (Estate of Stephania Zazecki) to TOWN OF SOUTHOLD SCTM #1000-70-8-1 Open Space purchase (adjacent to Custer Institute) Betty: Enclosed for safekeeping in your office, please find the following document in relation to the above closing that was held on August 30, 2000: · Original Title Insurance Policy #RH80002430 issued by Commonwealth Title Insurance Company in the amount of $199,900.00 Please keep this along with the original recorded deed that was forwarded to you on October 16, 2000. Thank you. Greg /md eno. cc: Melissa Spiro, Land Preservation Coordinator w/enc. I .. ISSUED BY Co~t~to~av~tc"m L.,om Tm.~ It~sut~Nc[ Cotqp~,,~ OWN£R~S POLICY OF Trr~ [N'SHRANCE ' m om onwealth SUBJECT TO TITE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVEIL~-GE CONTAINED rN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COlvIIVION~VEALTH LAND TITLE INSURIa, NCE COMlaANY, a Pennsylvania corporation; lterein called the Comparo~, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, susta/aed or thcttrred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested othgr than as stated therein~ : 3. Unmarketability of the title; 4, L~ck of n r~ght of access to a~d from the land. The ~)ompaay,:,vill'also pay fihe cdsts, auorneys' fees and expenses incurred in defense of'thc title, as insured, but ouly [o the extent provided in, the Con~tions and.Stipulations. · IN ?vV[TNESS W~ER~OF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused itf corporate name and seal ro be he'reu~i~' a fFJxe~ b~z~s~h~ amhqri~ed off, ers, the Policy ro become valid when countersigned by an authorized officer or agent of the Company. CO1V~IONWEALTH LAND TITLE INSURANCE COMPANY Secretary President EXCLUSIONS FROM COVERAGE The following nmtters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a)Anylaw, ordinance or governmentalregulation Oncinding butnot [imitedto building andzon/~lglaws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use. or enjoyment of the land; (ii) the charagter, dimensions or location of any improve- ment now or herea~er erected on the land; (iii) a separation tn ovraership or a change in the dknensinn$ or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except tb the extent that a notice of the enlorcemem thereof or n notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records.at Date of Policy. Co) Any governmental police power nor excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged xiolatlon a~fecring the land has been recorded in the pubhc records at Date of Pol/cy. 2. Rights of eminent domairt unless notice of the exercise thereof has been recorded in the public records ac Date o£ Policy, but not excluding from coverage any taking which has occurred prior to Dare of Po[icy which would be binding on the tights of a purchaser for value without knowledge. 3. Defects liens encumbrances adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; Co) not known to the Company, not recorded in the public,rec6rds at Dare of Policy, but known to the insured claimant and not disclosed in writing to the Company by the lawn,red claimant prior to the date the insured claLmant became aa insured under this po[icy: (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Po[iq; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had' paid vahie for the estate or interest insured by this policy. 4. Any claim, which arises out of the tra~tsacrion vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or hiterest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or CO) the transaction creating the estate or intere~ insured by this policy being deemed a preferentia~ transferTe~xcept where the preferentia~ transfer results from the failure: {i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM 1 PAIO ALTA Owner's Policy (IO-17-92) Valid Only If Schedules A and B and Cover Are Attached Form 1190-1 Face Page ORIGINAL  AU~. Z~, ~00~J 4: ~2F'~ NO. ~.~ P. 1-~ File No,: RH8DO02430 SCHEDULE A Commonwealth Amount of ~lsurance; $199,900.00 Policy No.: RH80002430 Date of Policy: 8/30/2000 1. Name of Znsured; TOWN OF $OUTHOLD 2, The estate or Interest in the land which is covered by this policy is: Fee 3. Title to the estate or interest in the land is vested in: TOWN OF SOUTHOLD By dead made by ESTATE OF STEPHAN/A ZAZEClCT · to the ZNSURED dated 8/30/2000 and to recorded In the Office of the Cler~Register of SUFFOLK County. 4, The land referred to in this policy is desarlbed on the at~nexed Schedule A - Description. Countersigned: Authorized Officer or Agent Fee Policy rnserl: File NO,-. RHS0~)02A30 SCHEDULE B Exceptions from Coverage This policy does not ir)sure again~ loss or damage (and ~he ComPany will. nat pay easts, a~torneys' ..fees~or eXPenSes) Which ;ri~e by reason of the following; ~.. Rights of t~nant~ or'person~ In 'possession. 2. Su~ey made hy Ant:bony Abruzzo R.L.$. I~c dated 8/28/2000 shows vacant land a) surveyor locates proposed paridng ar~a, No other variations. 3. Policy excapLs alt unpaid Water, sewe~ and/or street frontage charges. Company C[oes not perform searches for same, Fee Policy [nse~ NO. 405 P. 3/5 · Fil~ N~i. RH~0002420 SCHEDULE A - DESC PTZON A~L th=t ce~i~ plo~, ~e~ or pa~l of tend, s~uate, lying and being at Pine Ne~ in ~hs Village and Town Sou~old. In the Coun~ of'Su~lk, a~d. State of New York. being more pa~cularly bounded and described as BEG~NZNG. ata ~ncrete monument s~ at the ~o~hwe~dy.com=r thereof and being atthe point of InteraCtion formed by the eagerly line of ~y View ~ad and the sou~erly Ilne of Pine Neck Road; and EUNNZNG THENCE In · general eas~y dillon along ~e s~theHy line of said Pine N~k Road sou~ 69 degrees ~' minutes 20 s~nds ~ a ~is~n~ of 3~0.29 feet to ~e. ea~edy line of the lands ef Felix S~n~ewl~; RUNNING THENCE In a general s=uthe~y di~ion along the we~aHy line of.~he lands of said Fel~ S~nk~ewi= south [6 degrees 26 mlnu~ [0 sounds w~ a d]~ of 200 feet} RUNNZNG THENCE in a general ea~eHy direction along ~e lends =f said Felix StenHewi~ sou~ 69 degre~ 43 minute 20 seconds ea~ a distance =f ~00 feet to the we~erly line of land now or formerlv of 3ohn Brei~s~dt; RUNNING THENCE in a general southeHy dire~lon along the said we~erly line of land now or formerly of 3ohn Brei~stadt south [5 degrees 26 ~)nutes [0 seconds west a dl~an~ of 595,02 feet; RUNNING THENCE i~ a general westerly die.ion along the no~he~y line of lands now or formerly o~ Bmi~adt no~h 68 ~egrees 06 mlnut~ 10 ~conds we~ a distance of 40~.02 feet to the eas~eHy side of ~ay View Road; RUNNING THENCE In a general no~heHy di~ion along the eagerly slde ~ said Bay View Read the foltowlng ~o (2) coumes and dls:an~s: [. No~h 29 degm~ 57 min~s 30 sounds eas~ a dl~nce o~ [37.07 2. No~h 2[ deg~es 47 minu~s 20 ~nds east a di~nce of 2.72feet ~ the southerly line of lands Cue[er [nsfltu:e, RUNNING THENCE along the lands of said Cu~er [n~itute, Inc, ~he following thee (2) courses and alison.s: t. South 59 degrees 43 minutes 20 sounds ea~ [S0.30 fee:; 2. No~h 20 degrees [& minutes 40 se~nds e~ [[0 feet; 3, No~h 59 degrees ~3 minutes 20 sounds w~t ~47.40 ~e:~ RUNNING THENCE con~nuing in a geReral no~herly ~lre~lon along ~e ea~eHy side of ~id ~y Vlew Road the following ~our (4) coumes and dinah.s: [, No~h 2[ degrees ~7 minutes ~0 sounds ea~ :2.99 ~et; 2, No~h [7 degrees [3 minu[es QO sounds e~ [52.46 3. No~h 9 degrees [~ mln~t~ O0 seconds ~st 92.30 4, No~h [~ degas [[ ~lnu~s 20 s~onds e~ 279.28 reee to the point or pla~ of BEGINNING. Fee Poll~ [nse~ AUG. ~9, ~1~0 4.: 33PM MO File No.: 1~1'180002430 Commonwealth STANDARD NEW YORK ENDORSEHENT (OWNER'S~POI~CY) &I'TACHED TQ AND MADE A PARTOF PQL~C"Y',NO. 1~180002430 X~SUED BY COMMONWEALTH LAND TITLE ZNSURANCE COMPANY l, The following is added to the ln;urfng provisions on-the fac~page of this policy: "5. Any sta~uto!-y lien for services, labor or m~ter[ats-fu~"n!shed prior to the dance hereof, and which h~s now gained or which may hereafter gain Friorl[y over the estate or Interest of f~he insured as shown in Schedule A of this polio-y." .' Z, The following is added to Paragraph 7 of the cor~!oris ~r~l Stipul~ions of this policy: "id) Jf the recording date. of r~he lnstrumedts ~e~lhg.:the Insured inl~erest is later [han the policy da[e, such policy shall also cover Intervening li~!ns ~'encumbrances, except real estate taxesr assessments, water charge¢ and sawer ren~s.,, Nothing herein contained shall be construed as extending?or changing the effecLive data o/' the Follcy unless otherwise expressly sta~ed. This endorseme~, when countersigned below by a validating sJgneJ~ry, is made a perb of ~he policy and Is subJec~ to ~he Exclusions from Coverage, Schedules, Conduit ohs and ~ipulatron= [herein, except as modified by the pmvidons hereof, Dated: 8/30/2000 Issued at: Commonwealth Land Title Xn~Uran¢~ Company ~77 Old Country Road, PO Box Rlverhaad~ NY Authorized Officer Standard New York Endomement (9/1/92) For Use With ALTA Owner's Policy TQ~.0037NY (?/99) ..... CONDITIONS AND STIPULATIONS (Confinued~ ?. DI~TERMIN~tTION, £XTENT OF UABll ITy AND COINSURANCE. (bi When liability and the extent of loss or damage has been definitely qqds policy i~ a contract of indemalty, against actual moneta~ loss or fixed in accordance with these Conditions and Slipulations, the loss or damage sustained or incnrred by' the insured claimant who bas suffered loss damage shall be payable within 30 days thereafter. or damage by reason of raatters insured against by, this policy and only to 13. SUSROGATION UPON PAYMENT OR SE'I-rLEMENT. la} The liability of the Compan~ under this policy shatt not exceed the la) The Company's Pdght of Subrogation. leak of: Whenever the Company shall ha~e settled and paid a claim under this poI~3, all fight of subrogation shall ;est in the Company unaffected b) (il the Amount of Insurance stated in Schedule A: or, any act of th~ insured clain'a~-nt. (hi the dift'erence between the value of the insured estate or interest as The Company shall be subrogated to and be entitled to all rights and lien or encumbranc~ insured against by this policy, property in respect to the claim had this policy not been issued. [f interest or the full consideration paid For the land, ;~hichever is less, or if in order to perfect this ri2-ht of subsogatidn. The insured claimant shail Policy is sub, ecl to the following: It' a payment on account of a claim does not full)' cover the loss of the (ii where no subsequent hnprovement b_as been made, as to an)' partial insured claimant, the Company shall be subrogated to these rights and loss. the Company shall on!y pa), the loss pro rata in the proportion that remedies ia the proportion which the Company's payment beam to the loss, the Company shall only pay, the loss pro rata in the proportion that shall be required to pay' on12, that part of a~q) losses insured against b) this 120 percent of the Amount of Insurance stated, in Schedule A bears to the policy which shall exceed the amount, if any, lost m the Company b.~ expended for the improvement, of subrogation. Th~ provisinns of this para, apb shall not apply to costs, attorneys' /-ecs (bi The Company's Rights Against Non-insured Obligors. and exq>enses for which the Company i~ liable under this policy, and shall The Company's right of subrogation against non-insured obligors shall percent of the Amount of Insurance stated in Schedule A. indemnities, guaranties, other policies of insurance or bonds. incurred in accordance with Secfien 4 ot' these Conditions and Stipulations. which provide for subrogation rights by reason o[ this policy. 8. APPORTIONM£NT. 14. ARBITRATION If the land described in Schedule A consists of two or more parcels whicll are not used as a sinale site. and a loss is established al~ctina one or Unless prohibited b) applicable la~. either the Company or the insured pro rata basis as if the amount of insurance under ;his policy ~as divided of the .American Arbitration Association. Arbitrable matters may include. unless a liability or value has otherwise been agreed upon as to each parcel Company in connection with its issuance or the breach of a polic.~ provision or other obligation. All arbitrable matters when the .Amount of policy. Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to 9. LIMITATION OF LIABILITY. by both the Company and the insured. Arbitration pursuant to this policy' (al If the Company establishes the title, or remo;es the alleged defect, and under the Rules in effect on the date the demand for arbitration is completion of an5' appeals therefrom, it shall have Full)' performed its rendered by the Arbitrator/s} may be entered in an)' court havin-~ or damage caused thereby, jurisdiction thereof. The law o~ the situs of the land shall apply to an arbitration under the (.bi In the exent of au)' litigation, including litigation by the Company or with the Company's consent, the Company shall hate no liability for Title Insurance Arbitration Rules. loss or damage until there has been a final determination by a court of A cop)' of the Rules may be obtained from the Company upon request. competent jurisdiction, and disposition of all appeals therefrom, adxerse to 15. LIABII.IT¥ LIMITED TO THIS ~OLICY; POLICY I=NTIRE the title as insured. CONTRACT. lc) The Company shall not be liable for loss or damage to an)' insured for liability voluntarily assumed by the insured in settling any claim or suit (ay This policy together with all endorsements, if an* attached hereto the Company. In interpreting an)' provision of this policg, this policy shall 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION be construed as a whole. OF LIABILITY. ~b Any claim of loss or damage, ,xhether or not based on negligence, [auto. this policy. 11. LIABILITY NONCUMULATIVE lc) No amendment of or endorsement to this policy can be made shall be reduced by an)- amount tile Company, may pa3: under any policy' validating officer or authorized signatory of the Company. insuring a mortgage to which exception is taken in Schedule Bot to which 16. SEVERABILITY. the insured has a~eerk assumed, or taken subject, or which is herealker described or referred to in Schedu/e .A~ and the antount so paid shall be sion and all other prov!sions shall remain in full force and effect. deemed a pa.vtnent under this policy: to the insured owner. 17. NOTI~:ES, WHERE SENT. 12. PAYMENT OF LOSS. AllnoficesreqniredmbegiventheCompanyandanysmtementin~aidngreqtdred al No pat ment shall be made without producing this policy for endorsement to be fundshed the Company shall include the number of riffs poiicv and shall be of loss or destruction shall be furnished to the qatisfaction of the Company. addressed to COM>,IONSVEALTItLANDq[YI'LE I~SUIL'GqCE COMP.~N~j~, 10l Gateway Centre Parlc~ ay. Gateway One. Richmond. %~ginia 23235 5153. NM 1 PA 10 ALTA Owner's Policy (10-17-92) Form 1190-3 Cover Page ORIGINAL Valid Only If Fact Page. Schedules A and g Are attacnea THISlNDENTURE, madethe 30th dayof August , 2000 BEI'~NEEN IRENE K0~ALSKI', residing at 415^ Pine Neck Road, Southold, New York as executor of the last will and testament of STEFANIA ZAZECKI C~;FF-.-I=~ t~-~O~]]) P- IOt~Sq~) , lateof , deceased, Hain Road. Southold, New York party of the first part, and' THE TOWN OF SOUTHOLD, a municipality-having offices at 53095 Route 25, Southold, New York party of the second part, WlTNESSETH, that the party of the first part, by vidue of the power and authority given in and by said last will and testament, and in cOnsideration of ONE HUNDRED NINETY-NINE THOUSAND NINE HUNDRED and 00/100 ($199,g00.00) dollars, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the. SEE DESC~RIPTION ANNEXED During the lifetime of irene Kowalski and provided that she continues to reside at 415A Pine Neck Road, Southold, New York, this conveyance and any re-conveyance of all or part of the described premises shall be subject to the provisions of Chapter 6, the "Community Preservation Fund" of the Code of the Town of Southold, and in particular to compliance with Article I §6-32 (Management of lands acquired pursuant to Chapter) sub-section A. (3) (open space) as that sub-section exists on June 1, 2000, with the-parties, in addition, agreeing to limit any parking area to the south side and rear of the existing building on' the adjoining lot, as shown on the diagram annexed hereto and made a part hereof. This paragraph shall be included in the Deed to be signed by both parties hereto, and its provisions shall be 'binding upon the parties, their successors, assigns or transferees. BEING AND INTENDED TO BE the same premises conveyed to the decedent and Frank Zazecki by deed dated 1/2/47 and recorded in the Office of the Clerk of the County of Suffolk on 1/13/47 at Liber 2667 Page 24~ TOGETHER wiih all right, title and interest, if any, of the party of the first part, in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances, and also ail the estate which the said deq. edent had at the time of decedent's death in said premises, and also the estate therein, which the party of the first part bas or has power to convey or dispose of, whether individually, or by virtue of said will or otherwise;'TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns o~ 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 ~o receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any..partof:the'totslYof.the same for any other purpose] The wo~d "party" shall be construed as if it read "partle~]whefi'ever-the~ sense of this indenture so requires. -,'..-"'~ ;. ~: ' ': '-~ ~- IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: TOWN OF SOUTHOLD By:~ ~c~e_~.~-$~ ESTATE OF STEFANIA ZAZECKI le~([~ W. Cochran, Town Supervisor Irene Kowalski, Executrix S~ndard N.Y.B.T.U. F(~rm 8005 - Executor's Deed - Uniform Acknowledgment Form 3307 TOBE'0~rD~ORLYWH~-~'~'HE KC~(N(3W~b~E~T]S MA~E iN N~K~ATE S~teofNewYo~,Cou~yof Suffolk ss: 8tate0fN6wYork, Coun~of Suffolk ss: Onthe30t~ayof August in~eyear 2000 Onthe30thdayof August, intheyear 2000 beforeme, the undersigned, per~nallyappeared before me, ~e undersigned, p~sonallyappe~red'Jean W. Cochra~ IRENE KOWALSKI a~ Supervisor.of the Town.of:Southold, personally known to me o~ proved ~ me on the basis of personalty kno~ to 'me or proved to' me on the basis of ~.~tis~o~ evidence to be ~e individual(s) ~name(s) is sat~fa~ eviden~ [o be ~e individual(s) whose name(s) is .~(are) sbbscdbed to ~ ~thin instrument ~d' apknowledged :me ~at ~e/she/they executed the ~e ,n h s~er/ther me 'that [elshe~hey' executed the ~a~ in hi~hedtheir .~ci~(ias), and thai by hi~er~heir, signOre(s) ~n the Capacity(ies) and that by hi~er~heir ~ignature(s) on. the ns~men~ the ~iv dual(s), or ~e person upo~ behalf of which the i~divr~ual(s) acted, ?~uted the inst~r~ment. ~ins~um~{~'~divid~ual(s), or ~e pemon upon behalf of which DEN~EF. BURNS. No~ Pu~. S~te of N~ Yo~ ~Y NO.~052~ 01~~ Quali~d m S~]k County Commission ~p[~ September 30, TO BE USED ONLY WREN~HE.ACKNOWLEDGMENT IS ~DE OUTSIDE~NEW~YORK STATE State (or Dis[ri~ of Columbia, Te~ito~, or.Foreign Count~) of On the day of in the year before me, the undersigned, personal~ appeared personally known [o me or proved to me on ~he basis of sa~sfa~o~ eviden~ to be the individual(s) whose name(s) is (are) subscribed to the within instrument and a~nowledged to me [hat he/sh~hey executed the same in his~er~ei[ capadty(ies), and that by his/her~heir signature(s) on the in~ument, the individual(s), o~ the pemon upon behalf of which the individual(s) a~ed, exerted [he instrument, and that such individual made such appearance before the undersigned in the in (inse~ the Ci~ or other politi~l subdivision) (and inse~ the State or Count~ or other pla~ the acknowledgment was taken) (signature and a~ce of individual taking acknowledgment) EXECUTOR'S DEED SECTION BLOCK LOT Title No. COUNTY OR TOWN IRENE KOWALSKI, As Executrix STREETADDRESS TO THE TOWN OF SOUTHOLD Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by Commonwealth ~ Film No,/"~HSOOQ24.30 SC~IEDUI~E A - DESCR.~PT~ON ~tb~t c~ain plat, ~ or pa~ ~ la~ si~, I~ng and ~ing at Pi~a Ne~ i~ the ~ll~g~, ~d Town ~d, In ~e ~un~$~ol~~ and S~te of New Y~ being mom ~eularly bou~d~a~ d~c~bad as ~law~ · BEGiNNiNG a~ a concrete monumen~ ~t at ~e ~w~edy.~rner the~of and being at the point of ~t~e~ion ~ed by thee~Hy line ef B~ V~w Road and the ~hedy line of Pine N~k Eoa~} and RUNNING THEN~ in a genera[ eagerly dim~len alang the so,hotly line of said Pine Neck Road so~th 69 degrees 43 min~es 20 se~nds e~ a ~ of 3[0.29 ~et to the easterly tine of the lands of Felix S~n~ewl~; ~UNN[NG THENCE In a general southerly dim~ien along the we~efly line ef the lands of said Felix ~an~ewi~ ~ [6 degrees 26 mlnu~es 10 Sa~n~ w~ a d~n~ af ~00 feet; RUNNZNG THENCE In a general easteHy dim~ion along the lands ef said Felix 5tanki~wl~ ~uth 69 degrees m[nu~es ~0 seconds eas[ a di~ance ~f ZOO ~ ~o ~a westedy line ef lan~ new or fo~edy of RUNNING THENCE In a general southerly dl~ction along the ~ld waSHy line ef land now or fe~erly of ~m~ad~ sauth ~6 de~r~ 26 m~nutes LO sounds wes~ a di~nce of 596,0~ RUNNING THENCE in a general westerly dire~ien alon~ the no~heHy line of lands now o~ ~erly o~ 3ohn ~ml~dt no~h 68 de~rees e6 minu~ ZO sounds wast a dls~nce ef 4e6,02 fee~ to the easterly side of Bay Read; ~flNtNG THENCE I~ a general no~ha~ly dlre~ien along ~he easteHy side of said Bay View ~ad ~he ~[Iowing [2} [oumes and disbands: No~h [~ degrees S7 minu[es 30 sounds ea~ a di~nce ef [37,07 No~h ~[ degrees ~7 mlnu~s ~ seconds ea~ a di~an~ of 2.7~fee~ to ~ha southerly line of lands of Cus~er [ns[~u~e~ ~UNNZNG ~ENCE along ~e lan~s ef said Cu~r ~[tu[a~ inc. ~he [ollawlng ~hm~ (~) coumes and ~ou~ 59 deg~es 43 ~[nu~es 20 seconds ~ [SO.3~ feet~ No~h ~0 deg~es ~6 minut~ 4~ seconds ea~ ~[0 fee~; No~h 69 degrees 43 minutes 20 seconds we~ ~47,40 RUNNING THENCE continuing in a gane~t no~eHy dim~ien along ~e ea~Hy side of said Ray View fellowin~ four (4) coumes and di~n~: Ne~h ~Z dagr~s 47 minu~ 20 sounds ea~ [2,9g ~e[; No~h [7 dag~ ~3 mi~u~s aO s~nds ea~ Z$~.46 feel; No~h 9 degrees ~ mlnu~s O0 se~nds east 92.30 No~h [3 degrees zZ mln~ [~ s~nds ~ ~79,28 ~ ~ the point or place ef BEG[NNZNG. Title P, eport Dear Taxpayer, Yom: satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. ... If a portion of your monthly mortgage pa~yment ~cluded your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January 106 and on or before May 3i~. Failm:e to make payments 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 Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N. Y. 11901 (516) 957-3004 (516) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson, N.Y. 11777 Shelter Island, N.Y_ 11964 (516) 473-0236 (516) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smkhtown, N.Y. 11787 (516) 324-2770 (516) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 1 O0 Main Street 116 Hampton Road Huntington, N_Y. I 1743 Southampton, N.Y. 11968 (516) 351-3217 (516) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Road Islip, N.Y. 11751 Southold, N.Y. 11971 (516) 224-5580 (516) 765-1803 Sincerely, Edward P. Romaine Suffolk County Clerk dw 2/99 jo i~,",IVtt .[o O-10H.Lfl0S ~tDVTiiAoqlu[ 0"i0Hlfl0S ._q0 NM01 3HJ. Og0H.L[10S J° dN~m-L °ql uI o± ~X ,,V._qN ',ULN!FtOD >FIO 4.43S =to ×.ta%n~×3 se'I>tSqYM0~ 3N3~I ( 32,LqIAID'8_LSNI :IO 3&~L X-ID3dS) :.{q apetu p O O O S a 0 :[ n 0 o x 3 p~qa~lle otBJo ~md stmoj oF, ed SFL[ o aud luotuosxopu [ u!pxoa*'8 XlunoD >[[ojjnS 16 atu~N 'oD uo!lgmaoJuI ~u~flmoD allU. 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Box 1179 Southold, New York 11971 REGISTRAt{ OF VITAL STATISTICS NL-kRR1AGE OFFICER Fax (631) 765-6145 RECORDS MA~'~-AGRI~ENT OFFICER Telephone (631) 765-1800 FREEDO},I O1~ LNFOI~L-kTION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF TI-IE $OUTHOLD TOWN BOARD HELD ON MAY 9. 2000: RESOLVED that the Town Board of the Town of Southold hereby issues a Negative Declaration pursuant to the SEQRA Rules and Regulations with respect to purchase the property known as the Estate of Stephania Zazecki, SCTM # 1000-70-8-1; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute any and all necessary documents to purchase the property known as the Estate of Stephanla Zazeckl. SCTM # 1000-70-8-1 with funds from the 2% Community Preservation Fund at the purchase price of $199,900. 5outhold Town C,lerk May 9. 2000 PUBLIC HE~&RING MAY 9, 2000 5:07 P.M. ON THE ACOUISITION OF TIlE PROPERTY KNOVv'N AS TIlE ESTATE OF STEPHANIA ZAZECKL SCTM #i000-70-8-1. PINE NECK AND lX£AIN BAYV~FW ROLM), SOUTHOLD. Present: Super~4sor Jean W. Coc~an Justice Louisa P. Evans Cotmcikman William D. Moore Counciknan John M, Romandli Cmmcilman Brian G. Murphy Cotmcilrnan Craig A. Richer Tow~ Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakabosld SUPERVISOR COCHRAN: The next hearing is on thc acquisition of property knows as the Estate of Stephanie Zazecki on Pine Neck and Main Bayview, and the public notice will be read by Councilman Richter. COUNCll MAN RICHTER: "Notice is hereby ~ven that pursuant to the provisions of Chapter 6 Section 6-28 (A). Commtmity Preservation Ftmd of the Southold Town Code, the Town Board of the Toxxm of Southold will hold a public hearing on the 9th day of May, 2000, at 5:07 P.M., at the Sonthold Town Hall, 53095 Main Road, Southold, New York, on the question of the purchase of the parcel kmown as the Estate of Stephanie Zazecld, identified as SCTM #1000-70-8-1, which consists of approximately 6.0 acres, located at the intersection of Pine Neck Road and Main Bayview Road (adjacent to the Custer h~stitute) in the Hamlet of Southold. The totaI purchase is $I99,990.00. Further Notice is hereby given that the file containing a more detailed deschption of the aforementioned parcel is available in the Southold Town Clerk's Office, Sonthold To,tm Hall, 53095 Main Road, Southold, New York, and may be exm~xined by any interested persons dtwing normal business hours. Dated: April 25, 2000. Elizabeth A. Neville, Southold Town Clerk." There is a legal notice in the paper that I have, and correspondence fi-om Mr. Ryan, John aud Dorothy Rooney, another cmxespondence from Mary Ann Durkin, and it is posted on the Bulletin Board. SUPERVISOR COCHiL{N: Thank you, CounciLman. You have heard the reading in relation to the acquisition of property on B ayview Ayenue, Pine Neck, estate of Zazecki. Would anyone like to make comments to the Board? You have to come to the mike, and state yom' name. B)OCfER TOWNSEND: My name is Baxter Townsend, and I would like to save Custer because every Saturday night we go to Custer, and so far I have seen Jupiter, Saturn, and I have a petition here that some of my fiiends and parents sigued. We want to save Custer. SUPERVISOR COCHRAN: It sounds like you enjoy yourself over there. Would you like to give it to us? Do you have anything else you want to add? This is Joe To~smsend's daughter. Thank yon. Is there anyone else who would Like to address the Town Board? COLIN V,~xl TLDq~: My name is Colin Van Tuyl, a resident of Greenport. I have been a member of Custer Ins~titute for about twenty years, serving on. the Board for several of those.. We have hosted congerts, workshops, and public le¢tures 6n a x/ariety of suBjectsl But, consistently tl~roughottt the years x~daat really bring people out are astronomy, the opportunity, to see for themse!ves tire stars, and the lunar planets, the Milky Way. YOu have all seen t, he beautiful close-up pheros of the planets sent back by the Voyager Spacecraft, as I have, butmy most incredible view of Saturn is the first true I saw it with my own eye 6hrough ~ .telescope at Custer. I ertjoy photographing the night sky, constell~ations, comets, planets, and lunar eclipses. Taking pictures of the skies requires the camei'a shutter to remain open severa! seconds or even minutes. Daring that time the film is also recording any light pollution that happens to,be piesent. This light illuminates air molequles, dust reed moistttre, and besides ruining a picture it also d'mainishes the view through a telescope, binoculars or even the naked eye. My favorite observance sessions of night sky photos ha~ze:'been taken at Custer, becanse J~t offers a relatix~ely dark site, and this past weekend's Asteonomy ~amburee, our 21~ annual, there were many telescopes fi:om all parts of l-ong Island set up on the lawn, including one of tho largest reflectors On the Island. It was brought out fi'om Huntin~on by a regular at our events, who makes the trip out to take advantage of our dark sides, and share the vimv with lines of excited observers. Apparently Om- dark skies, and our window on the ¢miverse are now threatened by the potential development of land surroar~ding Custer. Hoxv~ver, I was encouraged )n reading some recent zo~ng legislation, which states, that the To~m Board both hereby identify and adopt the gollowing oxrerall theme of one, [preservation of farmland and agriculture, two, preservation of open recreational space, tln:ee, preservation of the tm'al, cultural, commercial, and historic character- of the hamlett, and surrounding areas, four, preservation of natural, ~nvironment, which derived fron~ the shared ~4sion held by t~e residents, and .local public official residents of the towi~, and which are intended to encourage and preserx~e the existing high quality of life.I These things go on to speak · about relying on our scehic beauty and vistas, and clean air in promoting tourism and recreation, about res/_dential hamlets that offer cultural actis'ities set in an open or rural atmosphere accommodating growth and change without destroying the natur~ environment and the uzfique character and the way of life that defines Southold Town. If I ask each of you to ima~ae an, area for scenic vista that ha4 been preserved I would guess that most have in you/r mind s eye a horizontal picture, ~ farm, a stretch of woods, a vineyard. (tape change) I ask you to keep this in mind as you decide how best to maintain the visual cha?acter and quality, of the town. Your decision on the future of this property carries with it a significant impact on the future of Custer Institute by heading off its potential development you will be preset~dng more than farmland, more the legacy of Charles Elmer, HemT Fisk, and Alfred Dart. You will be preserx4ng Southold's ability to offer to the public a unique and tm-diminishing educational resource, a place where our local youth have an opportunity to learn and wonder, and wb_ere people of all ages · can come to be inspired by the awesome brilliance of a clear, dark, nig~ht's sky_ Thank you. SUPERVISOR COCHRAN: Thank you. Anyone rise like to addi-ess the Toxxm Board? DOUG HARDY: I don't have a prepared statement. ! am Doug Hardy fi'om Southold. I have been a member of Custer Institute since 1962, which personally quaiified me as maybe the oldest continnons member. I am not past President. Custer and the Iud/an Museum are both rather remarkable institutions. They grew out of potato fields, and they have flourished since the 1930s, and they have drawn attention to this commtmity for ma~y years, at times rtafiortwide, and there isn't a year that goes by that Southold Town isn't mentioned; So, my concern i~ speaking to you is to appeal to you, tl~s is an investment in the fixture of this town. The fact that this land could be compromised by housiug~developn~nt no[ionly wtmtd create light pollution, but ci:eate for homes that are built there a parki~rg problem, beca~_tse both in~t/Iufions, the Indian. Museum and Custer's great events that a'm:ac~ a great numbe/: of people particularly in ~lle summer time, and there is a p~lcing prob}em at times, and this would then erealce the new homeowners, it would create constant, complaints and so forth to the town over use, the public use, and there would be constam combating between homeow~ters and tl;te insLitufion., The investment in this land now is a long view. You are invest/rig in the culture of this community, and I think, money shmflchi't be a concern. You hax~e a tmiqu~ package here, m~0 insfimtions that trove created a great deal of respect and honor to th/s cormmmfity, and I hope that you would protect it. Thank you_ SUPERVISOR COCHRAN: Anyone else like to address the Toxxm Board? BOB VANSEN: Good evening, my name is Bob Vansen. I am a resident of Bohemia in Islip, and I have been a member of Custer for someth/ng over ten years, and an officer at Custer for about the last five. Just an unprepared kind of quick statement, as a child in the forties my first ¥iew of the sky was the 14ayden Planetarinn~ in New York City, the old Ziess machine. That was after a ridiculonsly long walk with a bunch of second grade kids took the east side of Matthattan over to the Hayden. It introduced to the world of astronomy something which I maintain an interest for the rest of my life, and only wish that in the 1960's, early 60's when I was actively worlcing and building telescopes for myself at that time in Bethpage that I had a Custer Institute. I would haxre been here and joined it way back then. At the thne that ~ was introduced to astronomy you could st/Il g9 up to the Empire State Building on the observation. My mother happened to work in the building, so I used to get free rides on the elevator. You see fifty miles out to the horizon, and make things out. That happened years ago because of the urbat~ air pollution that exists. Just recently about a week ago one of the TV shows, the PBS, there was a little mention of how sad it is that in many commuinties that literally the sky can no longer be seen, that the children growing up there don't know trtdy xvhat a tree is in many communities. They don't have parks, etc., and as far as it was meixtioned the emphasis © PH Zazecki 4 that the Town Board is malting towards saving farmland certainly helps gxtarantee that there will be trees, there will be nice growing things for future generations. I ldnd ofthia!c about the next millennium, a hundred years fi:om now. V~rhat will be left then for anybody to use? The Custffr Institute is riglat now about the last outpost on Long Island with good star x~_ewing and is available on a rather regular basis. It is not as good as it once was, but it is still quite good to the point that a gentleman will' go through the effort of btfilding a thirty-two inch mirror for a telescope, so that lie can bring it out t'o Custer, so that b_e cart use and share it with others to do some very serious x4ewing. If any development occurs immediately' around in these six or so acres as well pretension, as it might be, there is going to be light poll~.ytion. People are going to have lights on in the cvenir~s. As a matter of fact, at Custer the Board is working o~1 a plan to talk.to t~os,e e~sting nei~.~bdr~ on the.periphery of this six and a half aores, ~vho occasionally on ni~. wher~ we have a public affair, we have a lot ol~ Cars in tke area instantly turn on alt tl~r bacl~ lights for a 1/tile piece of mind, I guess, and they ~x-ant to kind of bring them. into the Institute and show them that it is not something that they need to fear, b~tt we ~:oxd~:gppreoiate iftliey eould_.ke~p that down, because it just helps to prove a situation. To lxaVe tlxem hundred feet away, fifty f;et away on some sides, just end sometking,th~t starred in the early 1920s. it is a club wi,th some very notable smenttfic people being part'of r~ over the years, and then formally became the. lnsfitute, a not for profit organizati0r~ that i~.-is. It is a pl*/ce both for locals and viscera, and a place for ~ub~ban people to como anc~ view the sky. If we lose this it will all 13e indoors, and an artificial planetafittm. Thm~ you. FR2~XTK S~tff-IIRALLI: Good evening, Supervisor Cochran and members of the Board. My name is Frank Sahiralli. I am a resident of Nortliport, and officially as of today also a resident of Mattituck. SUPERVISOR COCHRAN: Welcome to the to~m of Southold. FRANK SAHIRALLI: Thank you. I am very pleased to have you as my representatives. I would like to repeat, and reiterate, and remind you of the conversation that took place on Ma), 25~ when Doug spoke so eloquently on behalf of the Custer Institute and urged you at that time to consider with great seriousness the value of the land that surrounds Custer, which is at issue tonight. [ will be brief, but I would like you to know that I talk this everring by proxy, and by a~thorization of 128 much more distance, but nevertheless concerned citizens of Long Island. This document, which they have authorized me to present to the Board urging you once again to acquire this land because of.it's sensitiv/ty and proximity to the Custer Institute, and the Indian Museum. Other individuals discuss one of the Board's rea[ concerns about preserving land in perpetuity for the purpose of astrunomy that is to say the encroachment of light pollution out here in Suffolk County, and I want you know that I along with many others are actively pursuing State level legislation re control light pollution. Of course, there is nothing to prevent Southold/rom introducing ordinancesI of it's oxw~ that are more strident, and I weird urge you to consider doing, but certainly nothing less than what is being promulgated at the State level. Now that the l~ew York State budget has disposed of we are hoping that the legislation, of whick I spoke, would come out of the Environmental Conservation Committee, and make k to a vote, and I assure 3~u that there has been a huge outpouring ?H Zazecld ~ 5 ~ of letters, E-mail, phone calls to Senators Brtmo, Marcellhxo, and the entire Em'ironmentaI Cons~-~vation Committee of both Houses of the State of New York, and I have every reason to expect that New York State will pass the legislation, which is cm-rently in committee. For that reason alone I think you ha~e to admit that the Board's reservation 'for preserving the land around Custer has been disposed of. I thi~ that we can reasonable expect that the land around Custer will continue, to be of value to Custer in the future, and I urge you, in ~'act I implore yon, I beg you, to salvage this land do it for the people that are assemhled here toulght, many of whom I represent who could not be here because of the forum being inconvenience for them at five o'clock, but assure you that they would fill. tiCs room to overflowing, and be out into the street, and w'~h your kind permission,I ~ approach the dais and give yott this. SUPERVISOR COCFII~x!: Would anyone else like to address the To~xm Board in relation to the purchase or'the land surrounding Custer Instimte? DOUG GILLEN: Doug Gillen, and I am Secretary to the Board of the Custer Institute. I want to thank the Board for considering this, and my heart is filled with gladness because I am anticipating positive votes. I have speaking to lots and lots of people, and have referred to many and various media folks back to you guys. There is a lot of enthusiasm about Custer, and interest in Custer, and what is going to happen, and what Mll Custer be in the futttre. CounciLman Moore and myself had a nice conversation, and one idea that came out was.that to.replace a facility like Custer would cost far, far more than the cost of tiffs land, and that~seeths to be a theme that was resounding whether I am speaking to people from television news media, or people from local media, and up island media, that the cost for the acreage here is a bargain considering the facility and what it does. Once again, I want to thank you for the Tm~m Board that saves Custer Institute, and I want to pledge our support, and ha the past we had, and this'another thing that Cotmcilman Moore and I had discussed, that Custer had been a little bit of a sleepy place, and within the past year or so we have tried to reach out more to the tourist industry, and we had a wine tasting in conjunction with Macari Vineyards during Astronomy Jamboree lagt week. I know that Professor Lamaca had gone out to a vineyard with his telescopes. We have gone out with om' telescopes. We want more of that, and you know Southold is famous for, in some regards, what it don't have, for example, fast food restaurants, and we should also be famous for what we do have, which is the darkest skies in the Metropolitan area, and I applaud your efforts, and I want to thatik you for making this move to save Custer Institute. Thank you_ SUPERVISOR COCHRAN: ,Mayone else like to address the Board? BARBARA LEBKUECHER: Madame Supervisor and members of the To~vn Board. my name is Barbara Lebkuecher. I live in Jamesport. I have been the Treasurer of Custer for 'e,venty years~ The prexfious speakers have all Wen you excellent reasons why Custer Institute should be preserved, so I won't reiterate ail of that_ I just want to gix~e )wu my brief reason for pleading Mth you to save this wonderful place. I have traveled around the world. I have seen many eclipses in different foreign countries, i have traveled to other observatories and planetariums around the country, and in other countries, but © © PH Zazecki 6 nowhere have I ever come across a Custer Institute, and as far as I know there is no such place in the State of New York, at least much less other places in onr country. This is a very mfique institution, as Doug pointed out to you, Doug Hardy, and Doug Gillan, and I think that is my reason for wanting to keep fltis place here and viable without those dark skies that Col~ Van Tuyl talked about. We don't leave Custer InStitute. The doors would be closed, and ~ffce xv6uld be no use for it, so my reason is because it is the most tmique place you can find. Look at the history. Look at what we do .for the community. Look at the people ~vho come. there, and the best reason of all to me, I think, was given by the very first speaker, young Miss. Baxter Townsend. I don't think yon can get a better reason for keeping Custer Institute alive. Thank you for your time· SUPERVISOR COCHRAN: Anyone else like to address the Town Board in relation to the pta-chase of the land surrounding Custer ~sfitute? BOB BENWARD: My name is Bob Bemv~ard, and just to let you knoxv how important thts is to me, and for a lot of other people h~re, I do not like speaking m front of people. I get to death and my knees shake. I · SLrPERVISOR COCHRAN: We are race p~ople. BOB BEN-WARD: [ still get scared. I am h member of ASLI, that is the Astronomical Society of Long Island, m~d many of my me~nbers bring a lot of telescopes out to Custer. Custer and ASLI have been working together as two clubs for many, many years, and if my dues are still paid up I an~ probably stillla member of Custer as well. Many members members of Custer are members of ASLI. We of ASLI are members of Custer, and many ~ bring our scopes out. We are amateur astrCnomers. We come out to obserxre. Several years' back we had moved to another site. ,~ye are looking for a darker site. We went out to Pecmfic Dtmes, and we found it wash t~so ~eat so we did come back, but in the meantime we believe that we hurt Custer quite a bit, because those telescopes out on that la~vn, on that s~de lawn, do bnng qmte a hilt of the pubhc to come to Custer, and many years ago I was a Board member of Custer, and I happen to be the Treasurer. I could see the nmnbers. I could see where the money ~ras coming from. A lot of the money, a big share comes from the membership. The m~mbership gave quite a bit, but a lot of the money, a lot of the money came front publiC~ public donations, and the Jamboree that we do have once a year. But, those public donations came from people, a lot of them came to Custer for the first tinge. They came out, lo6ked at the telescopes, thought it was great, didn't know they could see a meteor fit the skLy. Many people front myneck of the woods, Huntin~on Station, never saw a meteor. I fdel bad for them, because whan I was a kid I ~ew up with them. [ used to lie out on the !awn, and see tons of meteors. Many people now a days don't even know they can see th6m. Okay? The bottom line is my group, my .I club, we are amateur observers. We are ,,omo to go ~vhere dark skies are. I can picture houses around that side lax~n. Oka). Maybe a nice beautiful splk level, beautiful bay windows, and these lights pouring out o~' those windows at night. One thing I can ~arantee you, if there are houses built around Custer my club and many other amateurs that brthg telescopes to Custer will disappear. We love Custer, but we love our night skies. We will move on. We will find someplace else to go. Hence, Custer will lose a lot of their income. They are going to lose a lot of their public attraction. Let's face it, our telescopes are what brings the public in. People come to look through telescopes, and Custer does have one telescope in their dome, but on the outside we are talking sometimes ten, fifteen, twenty, twenty-five scopes, and with those scopes someone else mentioned is a thiny4-a~o. That belongs to a friend of mine. My friend was in my basement, in my machine shop many, many days btfi!dh~g parts for that telescope. I helped him build the grinding tools and so forth. He spent three years alone grinding that mirror, and he did that ~vic~, because they broke the first time Xvhen he went to get it coated. Custer is a keepsiake of Sonthold. Colin had mentioned s~weral names of famous amateurs. One person Ne'. didn't mention was Albert Einste[m Albert Einstein used to come out to Custer, an{,spend his spare time out here, anc~ in faot if A~bert ~ere atix~e today he wonld I~robabl?be standing wkere I am standing and making a case for' dark slcies for Custer. Ligltt pollution may or may not sound ~ a terrible thing, but when you equate it to other thingl if xve are talking ab.out Shoreham and platinum flo~ting overhead, we would:jump, up in am~s. If you were talking aborn noi~opol.lufion we would jump up in arms. Hov}'/~iny times have you heard a car dfivigg d0xx~n the street with bump, bun~p, bump, bmrtp, we know hov~r difficult it can be. Light po,lhition is another aspect, maybe not so ominous bm ~t is another aspect, and all I 'ca~ say is if you, lose those amateur observers, all those telescopes in that front yard, lmow'mg xx. hht I know about Custer's budget anOilosing that public input in funds I suspe~,.t that Custer may,have to close it's doors severa~ years down the road if they can't ge~ ftmds, from someplace else. Certainly the public attraction will be gone, and all I can 0t,~ is ask the Board to really consider this that this is really for Custer's liability for the ft/ture, a new livelihood. Thank you. SUPERVISOR COCHRAN: Thank you. You did very well for being scared to death. Thank you for yom' comments. I thh~k I saw another hand over here. PAT MILFORD: I really hate to speak h~ public. My name is Pat Milford. My father was one of the founders. I have always kno~x~ Custer Institute, and the one thing that I tell you about Custer Institute, I know for a fact, that it is used. It is used all the time. I live across the street. I see cars. It is kept neat. It is kept up. The grounds are kept, and there are lots and lots of people. It is constantly used, and that is the most important thing, I tlfink, that I can say. Thank you. RICHARD Ry,~2q: Thank you, Madam Supervisor, members of the Board. My name is Dick Ryan. [ am here as your Chairman of your Southold Town Land Preservation ComnUttee, and the statement that I have is on their behalf, but I must say it pales in comparison to the eloquent express/_ons that came from the speakers before me. This map that you see over here is again a product of the efforts of our Town staff, and that red marked parcel there is obviously the snbject parcel under discussion_ The little white intrusion that you see there is the Custer Institute, and almost opposite of that, across the street to the west is the Indian Museum. This parcel cmTently is in agricultural prodnction, and incidentally I should also mention that it is in oxvnership of the estate of Stephanie, I believe is how it is pronounced, Zazecki. This parcel ctm'ently in agriculrm'al prodnction is approximately six acres in size. It has comer frontage on the east side of PH Zazech ~'"' 8 ~ Main Bayview Road, and the south side of Pine Neck Road. The parcel is zoned R-40 residential, which permits ~ingle family residential development subject to consideration of 'other neighborhood open space, agricultural, and en~Srorauental conditions. The Haven Loam soil classifications of this parcel reflect it's hi~h agricultural productivity. The parcel is significant for it's representafio~t as an open space buffer between established residential development and the conduct of the acftxfities of the neighboring Custer Institme, a Ino~aly regarded long established observatory. S~milarly the °Peratit)ns of the Sonthold IncFtart Museum operated in- conjunction' X~flth the New York State Archeolo~ical Society directly across fi-om Bas~iew Road had been enhanced by the qdiet presence of this six-acre open space. Pi-eservation of ,.thi,s parcel for approphate public conunmfi~y preservation purposes, snch as protecting h'~storic places, presetting open space agrictdt~ra[ lands and providing outdoor recrea~[onal opportun/ties, is harmonious with ~he intent and pttrpose of Chapter 6 of the Town Code, which establishec~ the Commutffty Preservation Fund, enacted in 1998. The Sonthold Town Planning Board has been consulted and expressed no objection to the proposed purchase. The purchase price if $1,99,900 for thc 6.0 acre track. The marke,[ va/lhe of this proposed purchase reflects in part, the development potential and locatioi~ ot~ the property. The value of the purchase is s~ 'ported by an April 2000 appraisal, i~dep¢~dently prepared by R.J. Matuza & Assocmtes o~I St. James. A sul~e)r o£ the parcel will be accomplished and other terms should be select to adoption by the Land Preserva~iorhCommittee ,and the Town Attorney, prior to any completion of this proposed purchase. ~ecause of its open space and agricultural value, .its location in proximity to other qxist/ng kistoric cultural acti~-ities and its potential ,enhancement of the Towaas sense of place, this property has a high eligibility for p~reservation. The Land Preservation Com~mittee is unanimous in recommending this purchase for Commnnity Preservation purposes.' The purchase will ser~-e to continue the integrity of two of the cultural gems, the Custer Observatory and the Indian Museum, special to the Hamlet of Southold, spec/fir, ally aud the Tox~m of Southold, in general. On behalf of the Land Preservation Committee, I urge the Town Board to accept the offer of'sale of this 6.0-acre parcel and to resolve to purchase fee title to the same pursuant to the provisions of Chapter 6 of the Town Code, entitled Cormnunity Preservation Fund. Thank you. SUPERVISOR COCHRAN: Thank 3ro~, Mr. Chairmma. Would anyone else like to address the Tox~a Board? TOM KETTERY: My name is Tom Kettery. I live in Huntington Station. I wasn't quite sttre out oftowners were allowed to speak. SUPERVISOR COCHRAN: I just got finished telling you how nice we are. We just welcomed tiffs gentleman to Mattitnck. It is wonderful to have you out here. TOM KETTERY: My mom was here in 1937, and worked as a domestic, so I say this for her memory, too. Just recently some of the things that were said, but this envh:onment you are blessed with is very unique. For which every reason, the reason is the stars above. Prior to the Civil War Henry Fitz was building telescopes here in Peconic. If you go down to Washington on the north side opposite the Air and Space Mnseun~ there is an PH Zazecki 9 exhibit on the ground floor. His shop is out there in Washington. His instrumentation is in Washin~on. You spoke about Einstein. Einstein sat in the east side of that room there many a night. Dave Rothman used to play music with him. The tradition just runs through. Last summ~er Bob Capalardo was here. I can count on my hands at least ten doctorates that grew oat of Long Island in astronomy, all came tkrough Custer. To me to dePrive the young lady, ,Baxter, is her nanxe? Last Saturday there was a little boy, a cecond grader, Barbara? You knoxv Colin better thal~ I do. He is from Greenport. They are unique in that the have an interest in the heavens, and one should deprive the essences, the maomfificence of the sky. out here, and what the gentleman, said, when you lose that, and irt deed you lose it withgut any consciousness_ You will lose the essence of what Custeris. I come fi-om tttmfington, there is a line from .Walt Whitman, and Saturday night I felt it with them0istur¢. Oue of his poems is what. I heard a learned astrormmer, and the last of;it says~ to walk out in mystical, moist night air to look up in perfect silence at the stars. You are really blessed to have stars out here.. You should lareserve as you preserve yourself from the fast food things that permeate in Htmtington Station. Thank you for the time. SUPERVISOR COCHRAN: I would like you to lcnow, sir, that Walt Whitman taught school here be~-ore he went to Huntin~on. TOM KETTERY: Did he really? I did not -know that. SUPERVISOR COCHRAN: Prior to going up to Huntin~on. TOM KETTERY: Thank you very much. SUPERVISOR COCHRAN: Anyone else like to address the Town Board. (No response.) If not, we will continue on with our resolutions. Southold Town Clerk TQ the members o~ t~,Southold Town Board: ~ May 9, 2000 My name is Colin Van Tnyl. I'm a resident of Greenport and have been a member of Custer Institute for about 20 years, serving on the Board for several of ~hose. We have hosted concerts, workshops, public lectures on a variety of subjects, but consistantly throughout the years, what really brings people out is Astronomy - the opportunity to see for themselves the stars, the moon & planets, the Milky Way. You've all seen the beautiful close-up photos of the planets, sent back by the Voyager spacecrafts, as have I. But my most incredible view of Saturn was the first time I sew'it with my own eye through a telescope at Custer. I enjoy photographing the night sky - constellations, comets, planets, lunar eclipses. Taking pictures of the stars..requires the camera shutter to remain open several seconds or even minutes. During that time the film is also recording any light pollution that happens to be present. This light illuminates air molecules, dust & moisture, and besides ruining a picture, it also diminishes the view through a telescope, binoculars or even naked eye. My favorite observing sessions and night sky photos have been taken at Custer, as it offers a relatively dark site. At this past weekend's Astronomy Jamboree (our 21st annual) there were many tele- scopes from all parts of L.I. set up on the lawn, including one of the largest reflectors on the Island. It was brought out from Huntington by a regular at our events, who makes the trip out to take advantage of our dark skies and share the view with lines of excited observers. Apparently our dark skies and our window on the universe are now threatened by the potential development of the land surrounding Custer. Recent zoning legislation states that the Town Board "hereby identify and adopt the following overall themes of (1)Preservation of Farmland and Agriculture; (2).Preservation of Open and Recreational Space; (3)Preser- vation of the Rural, Cultural, Commercial and Historic Character of the Hamlets and Surrounding Areas; (4)Preservation of the Natural Environment; which derive from the shared vision held by residents and local public officials of the Town and which are intended to...encourage and preserve the existing high quality of life." These themes go on to speak about relying on our scenic beauty & vistas and clean air in promoting tourism and recreation; about residential hamlets that offer cultural activities set in an open or rural atmosphere; accomodating growth & change without destroying the natural environment and the unique character & way of life that defines Southold Town. If I asked each of you to imagine an area or scenic vista that has been preserved, ~_~ould guess that most have~ your mind's eye a horizontal picture: a farm, a stretch of woods, a vineyard. But a few may have in mind the saving of whatever may be buried underground at the Fort Corchaug site.., and realize that it is also possible to think of preservation in a vertical direction. I respectfully ask you to keep this in'mind as you decide how to best maintain the visual character and quality of the Town. Your decision on the future of this property carries with it a significant impact on the future of Custer Institute. By heading off its potential devel.opment, you'll be preserving more than farmland... more than the legacy of Charles Elmer, Henry Fi£z and Alfred Dart; you'll be preserving Southold's ability to offer to the public a unique and undiminished educational resource.., a place where our local youth have an opportunity to learn and wonder, and whera people of all ages can come to be inspired by the awesome brilliance of a clear, dark night sky. Thank you for your time and consideration. Sincerely, I~ Colin Van Tuyl TO ~c~m C_~n and th~ South old Tow-n Board... - n~ of s~n~ S~I wo~d l~e thc to~ bo~d ~ ~o? to · ' ~ ~s ~~o~ ~ifi~. ~ - ~ ........... m/~-. ~ · 3~ 40 !~:' ' ' NOT[CE OF~'~I~ I''~ STATE OF NEWYO NOTICE 15 HEREBY GIVEN' / )SSi - .~,~, ~.~r~,J~.~t ,o ~ ~mw~,ons o~ 'l COU~ O~SUFF~O,L~ ~,,~o,,, ~,~.~,,:,,,:.~, ~:u~d o~ t~. ~'~ '~- ~ [(( t. 3 of Maflituck, in said ~r Board$':'u' h,:ot!d the ~ ....... town6'-'a~ot Southota' ~the ToWn' .will.: ~' coun~ being duly sworn, says that he/she is Principal ~,~ hold a public hearing 0n the 9th day clerk of THE SUFFOLK TIMES, a weekly newspaper, ?of May 2~0. at 5:07 RM., at the ~ published at Ma~ituck, in the Town of Southold, '~rSouthold ~own Hall 53095 M~ CourtW of Suffolk and State of NewYork, and that the i tRoad. Southold, New York. on the question of the purchase o[ the par- ~ Notice of which the annexed is a printed copy, has ' cel ~own as the Estate of Stephanie~.~+Z~eckl. .... ~dentffted as SC~.tg 10~- ': been regularly published in said Newspaper once ~ 70-84 which consists of a foxy- I each waek for [ we~st~successively' .,, . :'mately 6.0 acres located at the rater- ' commencing on the ~x-, day section of Pine Neck Road and Mare Bayv,ew Road (adjacent tO the of I ~ 20~ '. Custer Institute) in the Hamlet of · ':Southold. The total purchase is 'GI~N [hat [he file comaining a deta~ed description o[ the parcel is available in Sworn to before me this ~= Southo~a .Town C~=~k~ Om~=, day of ~C~ 20 ~,~'Southold Town Hall, 53095 Main ~Road Southold New York, and may ' · , ' · ~RI~T.W~ ~ be exa~ed by any m~ested per- Y~ ~'f'sons durin~ norm~ business hours.- "~DATED: ~pril 25 2~0 [~, ', BY ~EROFTHE ~L SO--OLD TO~ BOA~ , ~ E~IZABE~ A NE~LLE · ~i,?94-1TMy4 ..... ' :o7 Pr~8~/atlo~ Corinne. ! ~mve a ma~ here, pmduc~ bY towa-st~ wlgch outli~e~ the ~abject p~el undm' consi~afion~ lomted in lhe HamI~ of Sou~o!d. d~'c~op~n~,.s~bje~ to *ousi~iat~n ofother3*~hborhood vp~,sp~e, ~icm~ral ~d op~t~as cf the $o~hoid Indian Muset,~ ~pera~d by ah* N~S .~eloskal Soeiely d~r~fly aems~ ¢~n Bayview Roa~, have ~ ~banced by ~e quiatpre~ence of tbs 6- acxe o~m space. Pre~erwation ofihi~ p~cel f~ ~pprg~ia~e public Com~ pm~r~tiqa ~pp.o~. such as protecl~ng ~storic.~lagos, preaching apda spare the i~t ~,M ~h¢ose of Chapter 6 of the Town ~de, which ~s~abtlsg~ the: C~m~i~. Pms~trarion'~und., e~.ac~ed in 1998. The Squthold Towa Ptan~hg Bo~ has'been cong~& a.nd'~press~ no o~ection *e t~ propomd purchase The pumh~e ~rice is $!99~90~ far the 6.0 acmx. The market value of this proposed ~.a[ue or,he p~rch~s~ ~s augpoaea by an April 2000 ~.ppraisal, indeFmde~y preparaa by K J. Matra & Associmes of S~. Semen. A surv~ of~he parcel will be.accemplishe~ and ct~er terns aheu~d be ~ub~ect to a~opii~n by the L~(t Pres~afion C~mi~ee ~d the B,c~ut~ of ks open space and a~riculturM value, its bcarion in prexim~' to other exisiin~ h~ofic cui~F~ aotivit~e~ and its potent{~ enhan~ment of the 'lawn's "~nse of Comm~itee is unzaimous in recommending this ~rc~e for Commtufity Preservation Pur~os~. The purchase wilt serve 1~ cominue the i~egrity of two ef'~e c~ra; gems (the C,asw,r o'bsem'ato~, a~.d the Indian Museum) speci~ to the ~amJ et of S outhoid, spec4fieaUy and the Tow~i of $o~mld, ia general. On behalf of the La~d P~serva:ion Commi~, I u~? ~be Tox~ B o~*d to ~ccept the "CommuaiL~ Pre~e~/a~en Thank you May 2000rcr MAY-09-2000 09:14 NEWTOWN HIGH SCHOC~_ To: Southold To~ Bo~ & Su~r Public I~e~, 9 May 2000 Fr~ Jo~ ~ Do~uthy Rooney P. O, Box 1622 425 Map~ L~e Sou~old, New Y~r~ 11971 R~: Prese~afio~ of~ ~e open s~ Date: ~y 9~, 2000 We strongly support kec-ping the above-mentioned land as unlighted open space. We support purchase by Southold Towu should this become necessary to accomplish preservation of it. Preservation of our superb quality of lttb in Southold is closely tied to open space, our water rasouzees, and such cultural and educational institutions as Custer Institute and The Southold Indian Museum. The future of Southold rests upon the nurturing of its rural, agricultural, rn~time, and 1~storica~ heritage_ The popular will has clearly been expressed in recent elections and referenduras, Thank you very much. TOTRL P.01 We the undersigned individuals, having affixed our names and signatures to. the within document, declare our strong and unwavering support for the Town of Southold decision to acquire the six acre parc.el of land currently owned by John Kowalski (more particularll~ known and designated as tax map designation 1000-70-8-1) . In addition we name, constitute and appoint Frank Schiralli, Jr. as our proxy to speak on our behalf at the Ii~ubli. c hearing on this matter scheduled for 5:10pm, Tuesday, May 9, 2000 and to present this document to the Southold Town BOard as evidence of our support of the proposal to preserve ~'this 1'and as open space. Print Name / , ,~ignature ~X~P~rintName/~/~'~J~'~-~'~'/"~'~'" Signature Print Name Signature Print Name Signature Print N~e ~ . ' 'gj ~a~ ' ~ ~i~ature Print Name ' v Signature Print N~e Signat~, Print Name Sign Print N~e ' ~ignature " - Print Name / Print Name Si'gnature ':. . Print Name Signature Print Name USi~a t u-r e Print Name ~~fS~a~ure :/ Print N~e ~i~ Print Na~e Signature Print Name , ~ ~ ~a~e Print N~e Signa-ture Print Name S ign~ture Print N~e ~ ~gnat~re ~/ ~ / ~ Prin~me / ' ,,..~'/~/ ~ gi~ature ~ Print Name S Signat r. Name Print Name Signature Print Name Signature Print Na~e i $! ? Print Name ~'~ Print Na~ ~ ~,/ [' Si~re Print Name Print Name Signature Print Name Signature Print Name Signature Print Name Signature Print Name Signature iWe the undersigned w~ to express our support for the Town ~ Southold's plan to .purchase the farmland' surrounding the Custer Institute. It is critical to prevent 'development on the adjacent property in order to preserve the effectiveness of both the telescopes perman,.ently located at the observatory as well as the teleseopes regularly brought to th&' facility by visiting astronomers from the tri-state area. N~ame Address "to support for the To f Southold's plan to We the undersigned express our purchase the farmland surrounding the Custer Institute. It is critical to prevent development on the adjacent property in order to preserve the effectiveness of both the telescopes permanently located at the observatory, as well as the telescopes regularly b~'ought to thefacility by visiting astronomers from the tri-state area. I Name ~ /'h [ Addres§ ~ ' ,/~],*,: O~o~zt~ ~ Ltoya t~,~.. ~t~ I~t~, ~ LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE I$. HEREBY GIVEN that pursuant to the provisions of Chapter 6 Section 6-28 (A), Community Preservation Fund of the Southold Town £ode, the Town Board of the Town of Southoid will hold a public hearing on the 9th day of May 2000, at 5:07 P.M., at the $outhold Town l Hall, 53095 Main Road, Southold, New York. on the question of the !-purchase of the parcel known as the Estate of Stephania Zazecki, identlfied as SCTM # 1000-70-8-1, which consists of approximately 6~.0 acres, 'located at the intersection of Pine Neck Road and Main Bayvi~w Road (adjacent to th'e Custer Institute) in the Hamlet 6f Southold. The total purchase price is ~;199,990.00. FURTHER NOTICE IS HERE~Y GIVEN that the file containing a more detailed description of the aforementioned parcel is available in the Southold Town Clerk's Office, Southold Town Hail, 53095 Main Road, Southold, New York, and may be examined by 'any. interested persons during normal business hours. DATED: April 25, 2000 BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MAY It, 2000. AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Town Attorney Town Clerk's Bulletin Board Estate of S[ephania Zazecki Land Preservation Committee © 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 thel~t day of May 201~0 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hallr 53095 Main Road,. Southold, New York. Legal Notk~e - 'Notice of Public Hearing on the question of the purchase of the parcel known as the Estate of Stephania Zazecki, sCTM # 1000-70-8-1 (Adjacent to the, Custer Institute} to be held at 5:07 P.M., Tuesday, May 9, 2000. Southold Town Clerk Sworn to before me this 1.s~day of May · April 13, 2000 Joseph 'P.~ McCarthy ......... · . ..... -Easternl B'~ee~ Real· .E~tate $outhoid, NY ~T9,~1 Re: . Open SPace! Purchase. Dear M~. M~'Carthy'= Thank you for the~opportuOliy of meeting with you today, ~egarding the sale of'the ~bove noted, for whic~ you have the exclusive Usting. It is my understanding the sale pHce is $199~900 (say $200,000). On behalf of the ~nd Prese~ation Committee, I wish to e~press interest in purchasing the fee title to the subject parcel, at the offered price. This purchase offer is subject to the imminent re=eipt of an app~alsal (expected to support the sale/purchase price) and the purchase ap- proval of the To~n Board, following a public b~ring. I appreciate that time [s of the essence and ask that you consider this a good-faith offer by the ~nd Preservation Committ~, [ anticipate thai the purchase 'approval p~ocess will be accomplished extra-ordina~y meeting sessions of both the LPC and {he Town Board. Please advise me er the Town Attorney of any questions or concerns you may have, as well as to inform us a~ut the response of your client to this purchase offer. · Sincerel~ yours, RCR :jw Richard C. Ryan~ Chairman cc - G. Yakaboski,. Town Attorney