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HomeMy WebLinkAboutNOFO Associates-McFeely (Laurel Lake Preserve) SCTM #: 1000-125-1-14 Premises: 5145 Main Road Hamlet: Laurel Purchase Price: $2,900,000.00 (per contract) Funding: Community Preservation Funds (2% Land Bank) CPF Project Plan: Yes Total Parcel Acreage: 30.785 acres Zoned: R-80 Existing Improvements: In June 2002 (per survey dated June 26, 2002) - Framed farmstand building; framed two story residence; chapel with attached framed building, concrete slab; 2 framed buildings (or their remains); framed structure; framed school building; concrete block building; concrete block bathroom; remains of wooden dock; dirt roads and trails A. DESCRIPTION 1. LAND ! ! ! I ! The subject is a vacant pamel of land having an area of 30.61_+ acres. It is irregular in overall shape but has dimensions which afford average utility. Its southerly border has 651+' of frontage along the northerly side of Main Road. Its northerly border has 595+' of frontage along Laurel Lake. Its average width is estimated to be approximately 860+'. In the addenda to this report, we have included a copy of the Suffolk County Tax Map showing the subject property. The subject is situated at or near road grade, has a gently roiling topography and is mostlywooded but with cleared areas at its road frontage and near its center. It contains a small area of wetland along its frontage on Laurel lake, and a larger area (approximately 1 acre) of freshwater wetland which contains a pond at its northerly border. Utilities (electric and telephone) are available along Main Road. There is no public water in this area. Land use surrounding the subject is generally vacant and improved residential land. ! .GIVEN 2[ A. DESCRIPTION (CONTINUED) 2. LAND IMPROVEMENTS The subject has a dirt/gravel driveway and parking area. There are some areas of poured concrete driveway which are in poor condition and have not been used or maintained in many years. 3. BUILDING IMPROVEMENTS The property is improved with a residence, greenhouses, and farm stand. It was once the site of a recreational camp (Camp Molloy) and contains several structures associated with this use, however, all of these structures are derelict and are basically shells. The residence is in only fair condition. It is our opinion that these improvements do not contribute value to the subject. B. PRESENT USE AND OCCUPANCY The subject is presently in use as a residence and farm stand. KGIVEN 22 P R 0 P E R T Y V I S U A L S I:STAT[:S 1947 BOXES ONLY AUREL 9 MA 11 ITU 11952_ Location Map ] 69 i~REL LAKE LAKE ?O 10 View of Subject - Facing Northerly View of Subject's Water Frontage PHOTOGRAPHS OF SUBJECT View of Subject - Typical "Derelict Structure" View of Subject ~ Typical "Derelict Structure~ EN 67 !1 PHOTOGRAPHS OF SUBJECT View Easterly Along Main Road View Westerly Along Main Road 68 A--C A,LC LIO MATTITUCK R-BO Zoning Map I ?t E N V I R O N M E N T A L S U M M A R Y I ~ A t Phase I Environmental Site ssessmen I Laurel Lake - Nofo Property I 1.0 SUMMARY · The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, · LLC in order determine if potential environmental or public health concems are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM · Standards on Environmental Site Assessments for Commercial Real Estate) on the subject · property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Laurel, Town of Southold, County of Suffolk, New York. The subject property is a 31.7 acre parcel of partially developed land located on the I northwest comer of Main Road (SR 25) and the Long Island Railroad right-of-way intersection. The property is more particularly described as Suffolk County Tax Map No. 1000-125-01-14. I The consists of 31.7 wooded that is The subject property a acre parcel partially developed. subject property was formerly utilized as a boys summer camp (Camp Malloy) and contains the remains of several former concrete block bathhouse buildings, wooded flamed counselor buildings, a three (3) bay garage, a house, a roadside farm stand, a chapel, two (2) greenhouses and piles of debris from former sleeping cabins. The only buildings that are currently in use are the house and the farm stand. Since the farm stand is not heated and only utilized during the growing season, no issues are associated with this · structure. The house is a two and a half (2V2) story wood framed structure that is situated on a · stone/concrete block foundation which forms a small basement area. The house is heated by a natural gas-fired boiler located in the basement. Adjacent to this boiler is an old oil-fired boiler · that was supplied by an underground fuel oil storage tank which is located on the west of the · house. According to the property owner, Mr. Jack McFeely, the house has been heated by the gas boiler since he purchased the property more than twenty (20) years ago. The exterior of the I house is sided with asbestos shingles. It should be noted the siding and roofing material used on · the chapel structure is asbestos shingles. I A pile of old vinyl floor tiles was observed in the vicinity of the demolished buildings. None of the camp related buildings appeared to have been heated since no heating units, chimneys or _ stacks, or oil tanks were observed in the vicinity of any of the buildings. A small wood framed I building located in the southeast quadrant contained a water storage tank and a private water supply well. Concrete pads formerly utilized as basketball courts were observed in the northeast NELSON, POPE & VOORHIS, LLC ENVIRONMENTAL * p LANNING · CONSULTING I this repl~ ' NELSON pOP£&VOORHIS ~Lc I Laurel Lake - Nolo Property, Mattituck Phase 1 ESA quadrant of the property. The northwest comer of the property borders Laurel Lake and a large wetland area is located in the northeast comer of the property. No indicators of environmental conditions such as dumping, staining, residue, odors, or stressed vegetation were observed. An extensive government records search found no potential sources of environmental degradation on the site. Several Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, three (3) closed spill incidents were located within one-half (0.5) mile. In conclusion, this assessment has revealed evidence of the following recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of The soil surrounding the old unused underground fuel old storage located on the west of the house should be sampled to determine if a prior release has occurred. In addition, this tank should ultimately be removed fi.om the ground and properly disposed of since it is not in use and has not been in use for over twenty (20) years. The house and chapel are sided with asbestos shingles and the roof of the chapel also appears to be asbestos shingles. As a result, if the buildings are to he demolished, an asbestos survey should be completed prior to the buildings being demolished. All demolition debris should be properly disposed of at an approved Construction & Demolition (C&D) Facility. If the buildings are to be demolished, renovated and/or used for public purposes, lead paint sampling should occur and proper management techniques employed to address lead paint if positive readings are obtained. If the buildings are demolished, any on-site sanitary systems should be abandoned in accordance with State and local requirements. The private water supply well and on-site sanitary systems should be properly abandoned in accordance with State and local regulations. The debris observed on the property should be removed and properly disposed of. Page 2 of 28 JAMES C. McMAHON Director Telephone (631) 765-1283 Fax (631) 765-9015 TOWN OF SOUTHOLD DEPARTMENT OF PUBLIC WORKS TO: FROM: SUBJECT: Melissa Spiro, Land Preservation Coordinator Jim McMahon, Director, Department of Public Works NOFO Associates (McFeely) Property SCTM#1000-125-1-14 DATE: July 15, 2005 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 'Lr"~i. JUL 1, 5 2005 DEPT Or LAND PR£S£RVAfIO~ In response to the Summary of Phase I Environmental Site Assessment, prepared by Nelson, Pope & Voorhis, LLC, dated June 27, 2005, as to the five (5) recognized environmental conditions found on the above site, please note for the file: 1. The Town of Southold will have the old fuel storage tank removed and disposed of by a licensed and insured contractor, in accordance with the methods, rules and regulations prescribed by the Suffolk County Health Department. As part of the tank removal process the contractor will check the soil to detemfine if a prior release has occurred and deal with the situation, as needed. 2. At present, there are no plans to demolish the house or chapel. However, if any of these structures are renovated or demolished, the asbestos shingles and other demolition material will be properly disposed of at the Southold Town Landfill or other approved C&D facility. The Town of Southold will sample any buildings to be renovated for lead paint and employ proper management techniques to address this issue, as needed. Any buildings or structures to be renovated will be done so in accordance with current New York State, Suffolk County and Town of Southold codes. 3. All on-site sanitary systems of building that are demolished will be dismantled in accordance with the all State and local requirements. 4. The Town of Southold will apply to Suffolk County Water Authority for public water for this site, as soon as it becomes available to the area. 5. All debris on the site, including old dilapidated building will be removed and properly disposed of within 90 days of closing. ! I I I I I I I I I I I I I FIGURE 1 LOCATION MAP Source: DeLorme Street Atlas Scale: Not to Scale Nofo Associates Property, Matfituck Phase I ESA NORTH I Nofo Associates Property, Mattituck Phase I ESA FIGURE 2 SITE MAP Source: Joseph A. Ingegno, Property Survey, Dated June 26, 2002 Scale: 1" = 200' NORTH I I I i I I I I I I I I i I FIGURE 3 Scale: 1" = 8,000' Nofo Associates Property, Matfituck Phase I ESA WATER TABLE MAP ,-'-" 533;'6' ..,, ~ E56 6 /' ~\, / ~ / -,,,~ t~ ~. / '~.. 5332~:~,~ ~ / Approxzmate S~te Locauon: / ./., / .¢: / ~ /' ~ ~./~ t :s~3~ ..-' / / /--., '. ~.,~. .. .- . ..... / ..."~., ' X X ,'~.: ~:~ ~ '.'u,~ ...... ~ ....... ....... _. ~ ............... ~ ,,'~' ~ --: / 'x [0 ........... ~ 1587 ..... J ) ,, · ,,, ~ .,~-" ~-'" ~f~---'~'., .~ --~-w' c:~ ~ y ,' ..~. ~. ~ :~ ~, ~., ...... '~ J .~ :/ ~v~ .,.,~ ~-,...,~( ,~ -,~-.... :~ . ~~-'%.. ~ ,~., ~ ~ ,.,.: .......... _ ....... J~.~ ~~~z~ .... ~ ' " ....... 57366 I 46536' ": So.ce: SCD~S Water Table ~, OVERVIEW MAP - 01451350.1r. Nelson, Pope & Voorhis LLC Target Property Sites at elevations higher than or equal to the target property Sites at elevations lower than the target property Coal Gasification Sites National Priority List Sites Landfill Sites Dept. Defense Sites ~ indian Reservations 7%! Oil & Gas pipelines ] 100-y~ar flood zone [] 500-year flood zone [] Federal Wetlands ] State Wetlands TARGET PROPERTY: Nofo Associates Property, Mattituck I CUSTOMER: ADDRESS: 5145 Main Road I CONTACT: CITY/STATE/ZIP: Matfituck NY 11952 INQUIRY #: LAT/LONG: 40.9783 / 72.5531 DATE: Nelson, Pope & Voorhis LLC Marissa Da Breo 01451350.1r June 22, 2005 6:37 pm DETAIL MAP - 01451350,1 r - Nelson, Pope & Voorhis LLC Target Property Sites at elevations higher than or equal to the target property Sites at elevations lower than the target property Coal Gasification Sites Sensitive Receptors National Priority List Sites Landfill Sites Dept. Defense Sites ~ Indian Reservations BJA ? Oil & Gas pipelines ~ 100-y~ar flood zone [] 500-year flood zone [] Federal Wetlands E~ State Wetlands TARGET PROPERTY: ADDRESS: CITY/STATE/ZIP: LAT/LONG: Nolo Associates Property, Mattituck 5145 Main Road MatlJtuck NY 11952 40.9783 / 72.5531 CUSTOMER: Nelson, Pope & Voorhis LLC CONTACT: Marissa Da Breo INQUIRY#: 01451350.1r DATE: June 22, 2005 6:37 pm PHYSICAL SETTING SOURCE MAP - 01451350.1 r ,/V County Boundary IH Major Roads /' / Contour Lines Ear.quake epicenter, Richter ~ or greater Water Wel~s Public Water Supply Wells Cluster of Multiple icons TARGET PROPERTY: ADDRESS: CITY/STATE/ZIP: I-AT/LONG: Nolo Associates Property, Mattituck 5145 Main Road Mattituck NY 11952 40.9783 / 72.5531 Groundwater Flow Direction Indeterminate Groundwater Flow at Location Groundwater Flow Varies at Location Closest Hydrogeological Date CUSTOMER: Nelson, Pope & Voorhis LLC CONTACT: Marfssa De Brao INQUIRY#: 01451350.1r DATE: June 22, 2005 6:38 pm P U B L I C H E A R I N G ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 415 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 5, 2005: RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ July 19~ 2005~ at 5:00 p.m, Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of the property owned by NOFO Associates or the successors thereto (a/k/a McFeely). Said property is identified as SCTM #1000-125-1-14. The address of the property is 5145 Route 25, and the property is located on the north side of Main Road in Mattituck. The subject property is 30.785_+ acres in area. The proposed acquisition is for the Town to acquire fee title to the entire 30.785_+ acre property for open space purposes. The purchase price for the 30.785_+ acre property is $2,900,000 (two million nine hundred thousand dollars) and the purchase will be funded by the Community Preservation Fund. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for aquifer protection, open space purposes, parks, nature preserves and recreation areas. The property is located within the Special Groundwater Protection Area (SGPA) and is adjacent to, and in the vicinity of, over 500 acres of preserved land. Proposed uses of the property shall be in conjunction with the existing preserved land in the vicinity, which may include the establishment of a stewardship/interpretive area, nature preserve and passive recreational trails. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, the Land Preservation Coordinator has calculated that 21.41 Sanitary Flow Credits may be available for transfer from the parcel of property upon the Town's pumhase of the property. The transfer of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Sonthold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southo!d hereby sets Tuesday~ July 19~ 2005, at 5:00 p.m.~ Southold Town Hall~ 53095 Main Road, Southold~ New York as the time and place for a public hearing for the purchase of the property owned by NOFO Associates or the successors thereto (a/k/a McFeely). Said property is identified as SCTM #1000-125-1-14. The address of the property is 5145 Route 25, and the property is located on the north side of Main Road in Mattituck. The subject property is 30.785+ acres in area. The proposed acquisition is for the Town to acquire fee title to the entire 30.785+_ acre property for open space purposes. The purchase price for the 30.785+ acre property is $2,900,000 (two million nine hundred thousand dollars) and the purchase will be fimded by the Community Preservation Fund. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for aquifer protection, open space purposes, parks, nature preserves and recreation areas. The property is located within the Special Groundwater Protection Area (SGPA) and is adjacent to, and in the vicinity of, over 500 acres of preserved land. Proposed uses of the property shall be in conjunction with the existing preserved land in the vicinity, which may include the establishment of a stewardship/interpretive area, nature preserve and passive recreational trails. As per Chapter 87 (Transfer of Development Rights).of the Code of the Town of Southold, Section 87-5, the Land Preservation Coordinator has calculated that 21.41 Sanitary Flow Credits may be available for transfer from the parcel of property upon the Town's purchase ofthe property. The transfer of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: March 29, 2005 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JUL Y 14, 2005, AND FOR WARD ONE (1) AFFIDA FIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Traveler Watchman Town Attorney Town Clerk's Bulletin Board Town Board Members Land Preservation (4) SOUTHOLD TOWN BOARD PUBLIC HEARING July 19, 2005 5:00 P.M. HEARING ON THE PURCHASE OF THE 30.785 4- ACRES OF PROPERTY OWNED BY NOFO ASSOCIATES OR THE SUCCESSORS THERETO (a/k/a McFEELY)~ SCTM #1000- 125-1-14~ MATTITUCK. Present: Justice Louisa P. Evans Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan Absent: Supervisor Joshua Y. Horton Councilman John M. Romanelli COUNCILMAN WICKHAM: Councilman Edwards is a member of the Land Preservation Committee and maybe he could read the public notice for us. COUNCILMAN EDWARDS: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ July 19, 2005~ at 5:00 p.m., Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of the property owned by NOFO Associates or the successors thereto (a/k/a McFeely). Said property is identified as SCTM #1000-125-1-14. The address of the property is 5145 Route 25, and the property is located on the north side of Main Road in Mattituck. The subject property is 30.785+ acres in area. The proposed acquisition is for the Town to acquire fee title to the entire 30.785-+ acre property for open space purposes. The purchase price for the 30.785-+ acre property is $2,900,000 (two million nine hundred thousand dollars) and the purchase will be funded by the Community Preservation Fund. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for aquifer protection, open space purposes, parks, nature preserves and recreation areas. The property is located within the Special Groundwater Protection Area (SGPA) and is adjacent to, and in the vicinity of, over 500 acres of preserved land. Proposed uses of the property shall be in conjunction with the existing preserved land in the vicinity, which may include the establishment of a stewardship/interpretive area, nature preserve and passive recreational trails. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87- 5, the Land Preservation Coordinator has calculated that 21.41 Sanitary Flow Credits may be available for transfer from the parcel of property upon the Town's pumhase of the property. The transfer of the July 19, 2005 2 Public Hearing-NOFO Purchase Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have also here an affidavit from the Town Clerk that she affixed a notice of the next printed notice to the Town Clerk's bulletin board on the 13th day of July. I see no further comments in the folder with respect to this hearing. COUNCILMAN WICKHAM: Thank you. I think I referred to Bill as a member of the committee, he is a former member and now the Town Board's liaison to that Committee. Would anyone in the audience like to address the Town Board on this action? Melissa. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, good afternoon. Melissa Spiro, the Land Preservation Coordinator for the Town, I am not going to repeat all the information that was read in the notice but I would like to highlight a few things about this property. A few years ago, we held a public hearing on a different proposal for this property, it involved partial subdivision and partial preservation. That project is no longer proceeding and this public heating is for a new proposal which is for the Town to purchase the entire 304- acre property for open space purposes. The property is located, as it said in the notice, on the north side of Main Road. This is Main Road over here and the railroad tracks, this is the part where the railroad bridge goes over the Main Road, the property is right over here adjacent to Laurel Lake. The preserved area that we are talking about that we call the Laurel Lake area is all the way around here up to County Route 48 and Sound Avenue. All these parcels with white on them are preserved, those are the pieces that are owned by the Suffolk County Water Authority, which are basically preserved. The McFeely property borders on the east side of Town owned land, those are our ballparks, and on the west side which is (inaudible) the west side is Town property and on the east side Suffolk County Water Authority. There is almost 500 acres of preserved land, they were preserved through all different methods. We have Town open space, County open space, State open space, Town and County owned farmland, development rights and subdivision open space. Preservation of the property will contribute to the preservation of our groundwater aquifer because the property is within our special groundwater protection area. It will enable us to expand on existing passive recreational trail systems and to allow for additional access to Laurel Lake. Once the parcel is acquired and we work out an agreement with the Suffolk County Water Authority, the trail system that we have will go all the way from the Main Road through the woods, by the lake, over wetlands, all the way to Sound Avenue and County Road 48. We have mapped some of the existing trails and we have measured in excess of seven miles of trail, we think that when we are done with this that we may even double that amount of trail systems. There are several structures on the property that we hope we eventually will be able to use as stewardship interpretive centers in accordance with the Laurel Lake preservation hearing. Through the hard work of Jim McMahon, Director of DPW, the Town has received $97,500 from New York State Parks for site improvement as part of the Laurel Lake Trail and Preservation plan. We will be using some of that money on the McFeely property. I would like to thank the landowners for working with us and for allowing us the opportunity to preserve this property. I would like to thank the Peconic Land Trust, who has been working, Tim Caulfield I think has been working on this probably his entire career with the Peconic Land Trust; it is a great effort. Both the Land Preservation Committee and I support the Town Board on this purchase. When I July 19, 2005 3 Public Hearing-NOFO Purchase started working for the Town Planning Department back in 1988, there was a major subdivision on this property and on almost all the other ones that are surrounding the lake. The map shows the results of our collective preservation efforts over the years. So it is really with great pleasure that I come before you tonight and recommend proceeding with the purchase of this property. Thank you. COUNCILMAN WICKHAM: Thank you. Is there anyone from the McFeely family here this afternoon? (No response) Would anyone else like to address the Board on this proposed acquisition? Mr. Carlin? FRANK CARL1N: Frank Carlin, Laurel. Before I start on my questions, I want to give you some history about Camp Malloy because I lived there for 51 years, fight across from it. Nobody knows Camp Malloy like I do. I remember when the children used to come out there in the summer time and spend the week there. It was owned by Rockville Centre. They would charge $50 a week. The buildings were there, the church was operating, the recreation hall by the lake was in operation with a nice big fireplace. Thirty buildings were in there, shower stalls were in there, all kinds of fields, volleyball fields, baseball fields. You name it, they were in there. I knew the priest were there, Father Nee. Nobody ain't gonna tell me much about what went on there. And then it came to a point where Rockville Centre couldn't more or less keep the overhead up, so they decided to sell it for a disclosed amount which I am not discuss right now. It is a shame to see why that couldn't have been kept open and I am sure that they want to increase their amount for children to come out there, a lot of people would have continued on with it. But before it was sold, the kids would go in there, they burned down some buildings, they burned down the big recreation hall and the child hall that was mounted and built on the lake and they raised hell in there, I will tell you that. The fire department was down there more than once to try to put out a fire. It is a shame to see it go down like that before it was sold. But now I have some questions. What does the Town actually plan on using that property for, I believe you explained it here but what are the basics why you want to buy that property for? COUNCILMAN WICKHAM: Okay, I think the best person who could answer this would be if we could ask Melissa Spiro to come up again and address the two or three points and I will just summarize them. The first one is for aquifer protection in that area, the second one is for a system of nature trails and there are probably additional reasons and I think she can do a better job than we can in explaining this. MS. SPIRO: It is a trail system, there is a passive trail system there now, a lot of people use it already to go through there. Our plan is to expand on the trail system and also to use some of the area in the front there on the Main Road as a stewardship and interpretive center with a nature related aspect. MR. CARLIN: How often will you have considered people will be using that trail center there? The summer time, whatever. Or steady .... MS. SPIRO: It will be something probably (inaudible) what the Peconic Land Trust and the Town do over at the Down's Farm Preserve. It is not something that is going to happen overnight (inaudible) MR. CARL1N: Do you have plans on removing the house there? MS. SPIRO: Mr. McMahon will address the issues about the house. July 19, 2005 Public Hearing-NOFO Purchase 4 MR. CARLIN: And also the new building that was put up there for a stand at one time a couple of years ago that is out in front there and also the church that still stands there. What are you going to do with those things? JiM MCMAHON, DIRECTOR OF PUBLIC WORKS: The house, Frank, I think we will probably try to renovate for a nature center, stewardship center. It is probably from what we can gather, walking through it today, it is in salvageable shape. The chapel is in very good shape. I think if you have ever been to Mashomaque over on Shelter Island they have a stewardship center there, a wildlife preserve, a place kind of where people can start their walk along the trail system. As Melissa has mentioned, we have mapped out on the east side of Laurel Lake about seven acres of trails or seven miles of trail on the west side of lake there is probably an additional seven miles of existing trails that really don't need an awful lot of buffering up. I have secured a $97,500 grant from New York State Parks. Some of the buildings need to come down, they are beyond salvation. To clean up the site, to improve the trails, maybe to make improvements to the dock there, there is a lot of work to be done but I think this parcel is really the jewel in the crown. There are a lot of great parcels around Laurel Lake, when we looked at the Adamowicz property on County Route 48, we were going to have two trail heads, one on 25 and one on 48. This actually may lend itself to one access site for the entire trail system that would be developed over time. The buildings, as I said, probably we will work with Comell or the Peconic Land Trust or a combination of people to make that available to the public for programs, similar to what we do with Down's Farm. I think this coming weekend, I think at Down's Farm we have bug day. At the end of the month we have owl day, we just had a program there last week and we envision very similar programs going on here during the course of the year. MR. CARLIN: You said though, Jim, you said that you are going to keep some of the buildings but then you come along and you said we might take some of the buildings down. Well, there is only three buildings there. MR. MCMAHON: No, there is actually, Frank, in the back... MR. CARLIN: In the back, what is left there? MR. MCMAHON: There is, there is I believe there is about... MR. CARLIN: Can't be all the little ones, they have been gone for years. MR. MCMAHON: But the concrete portion's, the roof's are gone but the concrete portion... MR. CARLIN: The foundations are there. MR. MCMAHON: Yeah, the foundations are there. MR. CARLIN: They are not buildings. MR. MCMAHON: There are piles of debris, all that would have to be removed. The buildings up in front actually are in pretty good shape, some of them. They could be used for town purposes. We are always looking for places to store our tractors and other farm equipment that we have, so... July 19, 2005 5 Public Headng-NOFO Purchase MR. CARL1N: The church isn't in that good of shape though but... MR. MCMAHON: The chapel actually is in better shape than we thought. MR. CARLIN: Well, he did some work on it when he bought it but it needs a roof, I believe. MR. MCMAHON: Yes, it is salvageable. MR. CARL1N: I got more here. Originally the plan was the Town to spend $720,000 for 12 acres at $60,000 an acre. The deal involved separate contracts and it was mentioned that the reason why it was dropped or never continued on was there was some problem. What was the technicalities of having three contracts and why, what was the cause to drop that issue? MS. SPIRO: The land owner chose years ago to pursue conservation subdivision. The conservation subdivision was approved with several conditions, one of the conditions was that he had to contact Suffolk County Water Authority for an easement. That was something that he did and there was a monetary value with that, he was getting something for that. That contract was, by the landowner, it expired and that brought a deck of cards that started to fall down on the rest of the stuff because that was one of the conditions, so the subdivision didn't get approved and then because the subdivision wasn't approved, that was a condition of the Town's contract and the County's contract. So the landowner, actually we had the Peconic Land Trust, Tim Caulfield went out and tried to get the project back on track and in doing so, the landowner said that he was willing to sell the entire parcel to us and that is where it took us. MR. CARLIN: Because also in that contract it was, that contract that you are talking about, the owner was going to keep six acres of it. MS. SPIRO: Actually it was eight acres and he was going to conservation subdivision... MR. CARLIN: All in front though, where the house... MS. SPIRO: All in the front where the house and... MR. CARL1N: Because I know, I spoke to the owner. MS. SPIRO: The landowner was doing four lot subdivision, residential... MR. CARLIN: He was going to keep the front, now he has decided let it all go. Okay. The Town is going to foot this money, right? $2.9 million? COUNCILMAN WICKHAM: Yes. MR. CARLIN: This is all coming from the Peconic Land Trust Community Preservation Fund, fight? July 19, 2005 6 Public Hearing-NOFO Purchase COUNCILMAN WICKHAM: Let me clarify, it is not the Peconic Land Trust, it is the Community Preservation Fund which is financed with the 2% transfer tax, that has nothing to do with the Peconic Land Trust. MR. CARL1N: Okay, let's eliminate that part of it. COUNCILMAN WICKHAM: Okay. MR. CARL1N: With the 2% property tax, that is the tax when somebody sells their house, they have to pay the tax on it, fight? COUNCILMAN WICKHAM: It is the 2% over and above the threshold, yes. MR. CARL1N: And that was meant for farmland preservation, right? COUNCILMAN EDWARDS: And open space. ~-- COUNCILMAN WICKHAM: Two things .... MR. CARLIN: And open space. COUNCILMAN WlCKHAM: Those two purposes. MR. CARL1N: You do consider this as open space instead of private property, don't you? COUNCILMAN WICKHAM: It is being preserved under the open space portion of that program. MR. CARLIN: Okay. Now another one. The Town plans to bank about 22 credits. Now, what are you talking about credits here? What do you mean by credits? COUNCILMAN WICKHAM: The Town has established a system of banking what we are calling sanitary flow credits, that the County will recognize in permitting additional density where those credits are placed. We can do that, we are allowed to do that in relation to the requirements of the County for what they call sanitary flow requirements in placing homes in this town. As you probably know, there is a problem of sanitary, what is the term? Sanitary flow requirements for each house that is placed in this town. It is primarily due to nitrogen loading of the aquifer. If we preserve a certain amount of open space, we are allowed to transfer the nitrogen loading capacity that we preserved at that place and use it elsewhere in town. MR. CARLIN: Let me continue on with that word "credits" .... COUNCILMAN WICKHAM: Excuse me? MR. CARL1N: Let me continue on with that word "credits" when I stopped. Those could be transferred by the Town to a building, to a builder on affordable housing projects. July 19, 2005 7 Public Hearing-NOFO Purchase COUNCILMAN WICKHAM: Only. MR. CARL1N: What are you talking about there? Only? COUNCILMAN WICKHAM: We have in this Town adopted legislation for so called 'affordable housing'. Housing that will remain affordable indefinitely, that has very strict guidelines and strict requirements as to what the cost of those houses will be and or the rental rates. The sanitary flow credits that we have talked about with this properly, the 20 some, could only be landed on affordable type projects. Not just for anybody. MR. CARL1N: So you plan perhaps... COUNCILMAN WICKHAM: We plan what? MR. CARL1N: Perhaps. If you listen to what I am saying, please. You plan on perhaps putting some affordable housing there in the future. COUNCILMAN WICKHAM: No. This is a transfer mechanism. What that means is the credits from this property would go into a registry or a bank and then some other project, elsewhere in town, if they wanted to proceed on an affordable project, could acquire those at a price, at a cost; that would then go towards their project. MR. CARLIN: Yeah, because we don't need .... COUNCILMAN WICKHAM: Once this, excuse me, once this property is preserved if it is preserved, if the Board goes ahead with it, it could never have any construction on it. MR. CARLIN: No because we don't need no affordable housing in there. With bad water, the water is bad enough in there. We don't need affordable housing there, more cesspools, because the water table travels from the north to the south and we don't need any more pollution than what we got now in the wells because our water along there stinks, in plain English. Even Bokina's water. If you look at his house, you will see what I mean. It is all full of rust from his irrigation. I have to have a 1,000 gallon salt filter on mine, plus the rust filter on mine is so bad, we can't even get town water there. So don't nobody tell me that around that Laurel Lake we got good water. Sure you got good water if you go down 150 feet. But you hit water there at 35 feet. So we don't need affordable housing, that was what I saying about putting in there. To make it any worse than what we got now. And it is a shame I am getting off the track here, that anybody else that has got county water around us except us on Main Road in Laurel. It is a disgrace, there is a reason for it and someday I will find out what it is. I got an idea what it is but I can't prove it. It is a shame. Even the golf course has got county water, right behind my house. COUNCILMAN WICKHAM: When you get the proof, come back and see us. MR. CARLIN: Probably will never get it, because there is always an answer for everything in politics. Five hundred acres of fresh water wetlands area surrounding Laurel Lake. What do you see that is wetlands? It is woods. Where is it wetlands? July 19, 2005 8 Public Hearing-NOFO Purchase COUNCILMAN WICKHAM: Yeah but this acquisition is only a relatively small part of that. We are only talking about some 30 some acres. MR. CARLIN: Where is there wetlands there? MS. SPIRO: Five hundred acres of preserved lands, not five hundred acres of wetlands. MR. CARLIN: Then why is it in the newspapers saying the wetlands for? Who writes these things for the media and they put it in the paper for? We should get our stories straight here. I find this quite often. I find this quite often. You people don't correspond, either one of youse don't correspond to what you write in the paper. Now let's get our stories straight here. I copied this right from the paper. COUNCILMAN WICKHAM: Okay. We are here to address the proposal of acquiring this property. MR. CARL1N: And I am here to state my opinion, which I am allowed to do and I am entitled to do. COUNCILMAN WICKHAM: Yes. And the two or three members of our media group, you are welcome to talk to them after the heating and try to straighten them out and that is fine. Would anyone else like to address the Board or would you like to address the Board? MR. CARL1N: Tom, you are up to the same tricks you used to be when you were Supervisor. You are trying to get me out of here. COUNCILMAN WICKHAM: No. We are happy to hear you, Frank because you know more about this property than most of anyone else here. So ..... MR. CARLIN: Damn right I know more about this property than anybody else does. COUNCILMAN WICKHAM: ...we are happy to hear your comments about this proposed acquisition of this particular property. MR. CARL1N: I am not going to leave right now, I have got something else to say. I was going to leave but I am not because the heat don't bother me even with my heart operation. I could stand it, I go out in the field with this temperature and work doesn't bother me none. Oh, I will bring this up, I can't bring this up now I will bring it up after the public heating... COUNCILMAN WICKHAM: Yes. There will be an .... MR. CARL1N: Let's don't start running out because this public meeting is over because I got more to say. COUNCILMAN WICKHAM: There will be an opportunity for you, Frank. MR. CARLIN: Okay. July 19, 2005 9 Public Hearing-NOFO Purchase COUNCILMAN WICKHAM: Would anyone else like to address the Town Board on this proposed acquisition that is before us today? Mrs. Egan. JOAN EGAN: Yes. Joan Egan from East Marion. I believe you said there was a chapel on it? COUNCILMAN WICKHAM: Yes. MS. EGAN: That belonged to the diocese? I would check into that because if there was a chapel on it then there might have been some provisions when the diocese sold it because if it is consecrated soil and property, you are not allowed to touch it. I would also like, I would check that out Mr. Wickham, that is a very important factor. I know that for a fact because at St. Agnes hall, they couldn't put a basement when they built the hall because a child had been buried on that property and it was consecrated soil which prohibited them from putting a basement there. So that is a very important factor. I would also like to know, I read a proposal for us to have a nature center and paths to walk on, it is great. You would probably need some type of sanitary facility for people to use and in addition, with crime on the rise out here, you would need some public telephones for people to be able to call for assistance. So I think all of these factors that I have just mentioned are extremely important. I think that many of us hope that it would be something that maybe not just is necessary for the nature study people but for other people. Picnic tables (inaudible) but I would be very, very careful about touching that property were the chapel was, when you could result in a very large lawsuit by the Rockville Centre diocese. Thank you. COUNCILMAN WICKHAM: Thank you, Mrs. Egan. MR. CARL1N: Mass was held there every Sunday, so it must have been pretty important for having that chapel there. COUNCILMAN EDWARDS: I believe that would have surfaced in a title search or would surface in the title search, which we are required to do, is that correct? MR. CARL1N: But you don't know for sure, do you? COUNCILMAN EDWARDS: No, no, no. What I am saying, Mr. Carlin, what I am saying, Mr. Carlin, I am asking Ms. Spiro is if it isn't true that in the course of the acquisition, we would do a title search that would determine if there were any encumbrances to the deed. Is that correct? MS. EGAN: I will call the bishop's office. COUNCILMAN WICKHAM: Thank you, Mrs. Egan. COUNCILMAN EDWARDS: I believe the deed spells all. MR. CARL1N: I would call Rockville Centre and make sure you get the answer from them, they would know. July 19, 2005 Public Hcaring-NOFO Purchase 10 COUNCILMAN WICKHAM: Would anyone else like to address the Board on this proposed acquisition? (No response) Hearing no further points, I shall close the hearing and we will proceed back to the resolutions. Elizabeth A. Neville Southold Town Clerk S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTHAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFF1CER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 453 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 19, 2005: WHEREAS, pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold wishes to purchase fee title, for open space purposes, to the property owned by NOFO Associates or the successors thereto (a/k/a McFeely). Said property is identified as SCTM #1000-125-1-14 and 5145 Route 25, Mattituck, New York, and the property is located on the north side of Main Road, Mattituck. The proposed acquisition is for the entire 30.785_+ acre property. The purchase price for the 30.785_+ acre property is $2,900,000 (two million nine hundred thousand dollars) and the purchase will be funded by the Community Preservation Fund. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, the Land Preservation Coordinator has calculated that 22.41 Sanitary Flow Credits may be available from the parcel. One (1) sanitary flow credit will be retained for the stewardship and interpretive center/quarters. Therefore, 21.41 Sanitary Flow Credits may be available for transfer from the parcel of property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved for aquifer protection, open space purposes, parks, nature preserves and recreation areas. The property is located within the Special Groundwater Protection Area (SGPA) and is adjacent to, and in the vicinity of, over 500 acres of preserved land. The subject property and the preserved land in the vicinity contains existing passive recreational trails in excess of 7 miles with potential for expansion. Proposed uses of the property shall be in conjunction with the existing preserved land in the vicinity, which may include the establishment of a nature preserve, passive recreational trails, stewardship and interpretive center/quarters and limited parking for access purposes; be it therefore RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACT[ONS Only PART ][-PROJECT INFORHAT[ON (To be completed by Applicant OR Project) Page 1 of 2 1. APPI.2CANT/SPONSOR: Southoid Town Board 3, PRO.1ECT LOCATION: Munidpality: ~Y~ A-'t~-~-~ C Count,/: 4. PRECISE LOCATION: (Street address and road intersections, prominent landmarks~ etc, or provide map) ~-IqS '~o~'~ Z.S~ 5, ZS PROPOSED ACTJ[O~: New"~LJ Expansion ~ Modification 6. DESCRIBE PRO.1ECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: IN1TALLY ~(P.?~ acres ULTIMATELY ~o,~'~- acres 8. W~LL PROPOSED ACTION COMPLY WTEH EX]ST~flG ZON~[NG OR OTHER EX[STING LAND USE RESTRICTIONS? ~ Yes r~ No if No, describe briefly 9. WHAT IS PRESENT LAND USE IN VIC[NTrY OF PRO3ECT? Residential ' Commercial Industrial Agriculture Describe.* Park/Forest/Open space Other 10, DOES ACT/ON ][NVOLVE A PERMTr APPROVAL, OR FUNDrNG, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? r~ Yes ~ No iY ye~ 1~st agency(s) and pe~mit/approva/~ 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAL/D PERMIT OR APPROVAL? Yes No if yes, Ii~ agency(s) and permi~/approvals 12. AS RESULT OF PROPOSED ACT[OH WILL EXISTTNG PERMIT/APPROVAL REQUIRE HODIFrCATION? Yes No ! CERTIFY THAT THE ~NFORMAT/ON PROVIDED ABOVE IlS TRUE TO THE BEST OF MY KNOWLEDGE I Applicant/sponsor Name: I"x~ fL-' ~;~-A ~'~,., , L*~*.~,~.. Date: S gnature If the a~ion is in the Coastal Area, and you are a state agent, complete the Coastal Assessment Form before proceeding with this assessment PART n~ENVZROflHEflTAL ASSESSMENT (To be completed by Agency) Page 2 of 2 A. DOES ACT/ON EXCEED ANY TYPE ! THRESHOLD ZN 6 NYCRR~ PART 617.47 ,yesL~ No Zf y~ coo/~ina~ ~ ,"~lew ~ and u~e ~e full ~ B. WILL ACTZON RECEIVE COORDt'NATED REVIEW AS PROVIDED FOR UNL/STED AC1/ONS IN 6 NYCR~ PART 617.67 YesL~ No Zf no, a nega#ve dc~Yacab~n may be suq*:ended by ano~he; Involved a~Tency C, COULD ACTION RESULT tN ANY ADVERSE EFFECTS ASSIOCZATED wI'rH THE FOLLOWING: Answers may be handwritten, if legible) C1. ExisUn§ air quality, surface or groundwater quality or quantity, noise levels, e×isUng traffic pa~cem$ selid waste production or disposal, p. otential for erosion, drainage or flooding prob]em? Explain bdefly: C2. Aesthetic, agricultural, archaeot0gJca] hi~oric or other natural or cultural reseu~ces; or community or ne ghbothood character? Explain briefly: C3. Ve§etaUon or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: Cq. A community's existing plans or gnal$ as officially adopted, or change in use or intensity of use of land or other natural resources? Explain briefly: C$. Growth, subsequent development, or related activities likely to be induced by the propesod action? Explain bbefly: C6. Lon/g~term, short term, cumulative, or other effects not identified in C].-C$? ExpJain briefly: C7. Other impacts (including changes in use of either quantity of type of energy)? Explain briefly: D. Wt'LL THE PRO3ECT HAVE AN IMPACT ON THE ENVIRONH ENTAL CHARACTERICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ['~ Yes~'~' No E. IS THERE, OR 1'S THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL I'M PACTS? PART I~I- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it Is substantial, large, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or ~ral); probability of occurring; (c) duration; (dO irreversibility; (e) geographic scope; and (f) magnitude, if necessary, add attachments or reference supporting matodais, Ensure that explanations contain sufiident detail to show that all relevant adverse impacts have been identified and adequately addressed, if question D of part I! was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potenbelly large or significant adverse impect~, which may occur. Then proceed directly to the FULL ENV~RONMETNAL ASSESSMENT FORM and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WiLL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: ~ignature of ~e~ponsible O~cer I~ Lead ^gen~/ Signature of prep~re~i('di~rent from of respensibl~ officer/ P U R C H A S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 464 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 19, 2005: WHEREAS, the Town Board of the Town of Southold held a public heating on the question of fee title acquisition of the property of NOFO Associates or the successors thereto (a/k/a McFeely) on the 19th day of July 2005, pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is located on the north side of Main Road in Mattituck and is identified as SCTM #1000-125-1-14 and 5145 Route 25; and WHEREAS, the subject property is approximately 30.785+ acres in area and the proposed acquisition is for the Town to acquire the entire 30.785+ acre property; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved for aquifer protection, open space purposes, parks, nature preserves and recreation areas. The property is located within the Special Groundwater Protection Area (SGPA) and is adjacent to, and in the vicinity of, over 500 acres of preserved land. The subject property and the preserved land in the vicinity contains existing passive recreational trails in excess of 7 miles with potential for expansion. Proposed uses of the property shall be in conjunction with the existing preserved land in the vicinity, which may include the establishment of a nature preserve, passive recreational trails, stewardship and interpretive center/quarters and limited parking for access purposes; and WHEREAS, the purchase price for the 30.785+ acre property is $2,900,000 (two million nine hundred thousand dollars) and the purchase will be funded by the Community Preservation Fund.; and WHEREAS, as per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, the Land Preservation Coordinator has calculated that 22.41 Sanitary Flow Credits may be available from the parcel. One (1) sanitary flow credit will be retained for the stewardship and interpretive center/quarters. Therefore, 21.41 Sanitary Flow Credits may be available for transfer from the parcel of property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank; and WHEREAS, the Town Board declared a negative declaration pursuant to SEQRA Rules and Regulations for this action; and WHEREAS, the Town Board deems it in the best public interest that the Town or Southold pumhase the subject property for open space purposes; be it therefore RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby elects to purchase fee title~ for open space purposes~ to the property owned by NOFO Associates or the successors thereto (a/k/a McFeely). Said property is identified as SCTM #1000-125-1-14 and 5145 Route 25, Mattituck, New York, and the property is located on the north side of Main Road, Mattituck. The proposed acquisition is for the entire 30.785+ acre property. The purchase price for the 30.785+ acre property is $2,900,000 (two million nine hundred thousand dollars) and the purchase will be funded by the Community Preservation Fund. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, the Land Preservation Coordinator has calculated that 22.41 Sanitary Flow Credits may be available from the parcel. One (1) sanitary flow credit will be retained for the stewardship and interpretive center/quarters. Therefore, 21.41 Sanitary Flow Credits may be available for transfer from the parcel of property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. Elizabeth A. Neville Southold Town Clerk The Suffolk Times · July 21,2005 · '19 'Crown jewel' buy okayed By Gwendolen Groocock and Tim Kelly SOUTHOLD--The town has agreed to buy a Laurel Lake property described by one official as "the jewel in the crown." With no one voting no, the Town Board on Tuesday authorized spend- ing $2.9 million to acquire a 31-acre TOWN HALL NOTES property that fronts on both Main Road and the lake. It's said to be the area's last large avail- able property. Town land pres- ervation coordinator Melissa Spiro said that when she started work for the town in 1988, the property, owned by the McFeely family, and virtually every other lakefront parcel were in the process of being subdivided for new housing. But through the com- bined efforts of the town and county, some 500 acres around the lake have been permanently preserved. "~here's a lot of work to be done, but this parcel is the jewel in the crown," said Jim McMahon, head of the town's public works department. Mr. McMahon said the acquisition will allow the town to offer about 14 miles of hiking trails stretching between the Main and North roads. Once part of Camp Malloy, a Catho- lic facility run by the Diocese of Rock- ville Centre, the McFeely land had Suffolk Times photo by Tim Kelly Jim McMahon, head of the Southold Town public works department, explain- lng the proposed use for the former Camp Malloy property in Laurel. been slated for a small conservation subdivision as part of a complicated preservation deal involving the town, county and Suffolk County Water Au- thority. When that deal fell through, the town and the owner negotiated a more straightforward sale in which the town alone pays for full title. But get- ting to that point was far from simple, said Councilman Tom Wickham. "You have no idea how complicated and how many ins and outs had to be completed before we got to this point," the councilman said. C L O S I N G S T A T E M E N T CLOSING STATEMENT EDNA BEIRNE, as Executrix of the Last Will and Testament of Michael E. Beirne; LESLIE ANN BEIRNE, as Trustee under Last Will and Testament of Michael E. Beirne; and JOHN F. McFEELY, as Tenants in Common, being the Successors in Interest to NOFO ASSOCIATES, a New York partnership to TOWN OF SOUTHOLD SCTM #1000-125-1-14 Open Space acquisition - 30.785 acres Premises: 5145 Main Road, Laurel Closing held on Wednesday, July 20, 2005, at 12:00 noon, Land Preservation Dept., Southold Town Hall Annex Purchase Price of $2,900,000.00 disbursed as follows: Payable to Joseph Ingegno Check #82420 (7~20~05) Payable to Jeffrey Butler Check #82417 (7/20/05) Payable to Suffolk County Water Authority Check #82424 (7/20/05) Payable to Peter S. Danowski, Jr., Esq. Check #82418 (7/20/05) Payable to John F. McFeely Check #82422 (7~20~05) Payable to Edna A. Beirne Check #82416 (7~20~05) $ 1,475.00* $ 2,300.00* $ 5,515.00' $ 31,5OO.00* $ 1,989,210.00' $ 870,000.00** Total Closing Disbursements: $ 2,900,000.00 * 70% share = $2,030,000.00 to John F. McFeely ** 30% share = $870,000,00 to Edna A. Beirne Expenses of Closing: 2004-05 Real Property Tax Reimbursement Payable to John F. McFeely Check #82421 (7/20/05) $ 11,356.07 Appraisal Payable to Given Associates Check #82113 (7/5/05) $ 2,200.00 Survey Reimbursement Payable to John F. McFeely Check #82139 (7/5/05) $ 7,000.00 Survey Amendments Payable to Joseph Ingegno, Land Surveyor Check #82302 (7/19~05) $ 500.00 Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #82537 (8/2/05) $ 1,100.00 Title Report Payable to Stewart Title Insurance Company Check #82423 (7/20/05) Fee insurance Recording deed Certified copy $ 11,462.00 $ 275.00 $ 4.00 $ 11,741.00 Title Closer Attendance Fee Payable to Karen Hagen Check #82419 (7/20/05) $ 100.00 Those present at Closing: Martin Sidor Mary C. Wilson, Esq. John F. McFeely Mary McFeely Peter S. Danowski, Jr., Esq. Edna A. Beirne Leslie Ann Beirne Diana Beirne John Mahon, Esq. Karen Hagen Timothy Caufield Melissa Spiro Melanie Doroski Southold Town Deputy Supervisor Attorney for Town of Southold Seller Seller's wife Attorney for Seller (McFeely) Seller Seller Interested party Attorney for Seller (Beirne) Title Company Closer Vice President, Peconic Land Trust Land Preservation Coordinator Land Preservation Administrative Asst ONE THOUSAND FOUR HUNDRED SEVENTY TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NEW YORK 11971-0959 7/20/05 DATE CHECK NO 07/20/2005 82420 FIVE AND 00/100 DOLLARS 4 2 0 AMOUNT $1,475.00 PAYTO JOSEPH A. INGEGNO THE PO BOX 1931 ORDER OF RIVERHEAD NY 11901 ,'0~;~1~80,' ~:02~,hOSL, Bt,~: 63 O0000h O,' VENDOR 009528 JOSEPH A. INGEGNO 07/20/2005 CHECK 82420 H3 .8660.2.600.100 072005 DESCRIPT2Q~ AMOUNT SELLERS EXPENSE-MCF 1,475.00 TOTAL 1,475.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 TWO THOUSAND THREE HUNDRED AND TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NEWYORK 11971 0959 7/20/05 DATE CHECK NO 07/20/2005 82417 00/100 DOLLARS .o. uo 417 AMOUNT $2,300.00 PAYTO JEFFREY BUTLER THE PO BOX 634 ORDER OF SHOREHAM NY 11786 ,'082~?,,' ,:08;,l~05L, r:~,,: r~% 000001~ 0,' VENDOR 002859 JEFFREY BUTLER 07/20/2005 CHECK 82417 /-- H3 .8660.2.600.100 P,©.# TNA/OTCE 072005 D~gCRIPTION AMOUNT SELLERS EXPENSE-MCF 2,300.00 TOTAL 2,300.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971 0959 TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NEW YORK 11971 0959 FIVE THOUSAND FIVE HUNDRED FIFTEEN AND CLO 7/20/05 .o. i '8424 rile 8UFFOL~ COUNTy NATIONAL BANK DATE CHECK NO AMOUNT 07/20/2005 82424 $5, 515.00 00/100 DOLLARS PAYTO SUFFOLK COUNTY WATER AUTHORITY THE 4060 SUNRISE HIGHWAY ORDER OF OAKDALE NY 11769-090t ,'0~2&,21~,' m:O2~hOSh~,hm: ~=~, 000001, 0"' VENDOR 019801 SUFFOLK COUNTY WATER AUTHORITY 07/20/2005 CHECK 82424 H3 .8660.2.600o100 072005 D~R~PTPTT©M AM©l~T SELLERS EXPENSE-MCF 5,515.00 TOTAL 5,515.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 TOWN OF SOUTHOLD §3095 MAIN ROAD $OUTHOLD NEW YORK 11971-0959 THIRTY ONE THOUSAND FIVE 7/20/05 DATE OHECK NO 07/20/2005 82418 HUNDRED AND 00/100 DOLLARS CLOSING .o. 082418 aMOUNT $31,500.00 PAYTO PETER S. DANOWSKI JR. THE 616 ROANOKE AVENUE ORDER OF PO BOX 779 RIVERHEAD NY 11901 ESQ. ,,'DB ~N H%,' 1:O2~[,05N~h~: g5 OOOOOq 0,' VENDOR 004006 PETER S. DANOWSKI JR. ESQ. 07/20/2005 CHECK 82418 FW~TD ~. AnnOWklT P O.# TNIZOTCP, H3 .8660.2.600.100 072005 DESCRIPTION AJMOUNT SELLERS EXPENSE-MC 31,500.00 TOTAL 31,500.00 TOWN OF SOUTHOLD · SOUTH OLD, NY 11971-0959 TOWN OF SOUTHOLD ~'~¢ 53095 MAIN ROAD 7/20/05 CLOSING SOUTHOLD, NEW YORK11971 0959 NO. 0 82 4 2 2 DATE CHECK NO AMOUNT 07/20/2005 82422 $1, 989, 210 · 00 ONE MILLION NINE HUNDRED EIGHTY NINE THOUSAND TWO HUNDRED TEN AND 00/100 DOLLARS PAYTO JOHN F. MCFEELY THE 5900 PECONIC BAY BOULEVARD ORDER OF LAUREL NY 11948 OOO00N VENDOR 013421 JOHN F. MCFEELY 07/20/2005 CHECK 82422 H3 .8660.2.600.100 TNVQTCR 072005 DESCRIPTION OPEN SPACE-30.7 TOTAL AMOUNT 1,989,210.00 1,989,210.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NEWYORK 11971-0959 EIGHT HUNDRED SEVENTY THOUSAND AND 7/20/05 DATE CHECK NO 07/20/2005 82416 00/100 DOLLARS 4 6 AMOUNI S870, 00O.00 PAY TO THE ORDER OF EDNA A BEIRNE ,:O~l, hOShr=h~: r=~. O0000h 0,' VENDOR 002219 EDNA A BEIRNE 07/20/2005 CHECK 82416 FNATT~ ~ AC'C'OTTkTT H3 .8660.2.600.100 p,o ~ INVOTCE 072005 DESCRIPTION A~OUNT OPEN SPACE-30.785 870,000.00 TOTAL 870,000.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971 0959 ELEVEN THOUSAND THREE TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NEW YORK ' 1971-0959 HUNDRED FIFTY DATE 07/20/2005 SIX AND 07/100 7/20/05 CLOSING .o. 082421 CHECK NO AMOUNT 82421 Sll,356.07 DOLLARS PAY TO THE ORDER OF JOHN MCFEELY 5900 PECONIC BAY BOULEVAR£ LJIUREL NY 11948 ,'ORBt,;~a' I.'08~t, OSt, r=L,"- P, 5 O0000t, 0,' VENDOR 013413 JOHN MCFEELY 07/20/2005 CHECK 82421 H3 .8660.2.600.100 P.O.# IMVOICE 072005 DESCRIPTION TAX REIMBURSE-134 TOTAL AMOUNT 11,356.07 11,356.07 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971 0959 E LOCATION: ROUTE 25 HOLD, NY 1197]-0499 473889 125.-1-14 TOWN OF SOUTHOLD CONSOLIDATED REAL PROPERTY TAX BILL COUNTY TREASURER'S NOTICE ~ 382 oN REVERSE SIDE 14 15837 5145 MAIN RD 31.7 316,955,945 2,473,384 632 ,LENT C/O JOHN F MCFEELY 5900 PECONIC BAY BLVD LAUREL NY 11948 12/07/04 NOFO ASSOCIATES 21,700 31,900 First Half: 15840 Second Half: 15840 $14,556.89 $14.556,90 1/8/04 5/25/04 LEV'~ MATTITUCK LIBRARY LEVY % 4.06% TAXABLE VALUE 31.900 ASSE$SED VALUE 31,900 39.410 5.70% 1.257.18 2,140,940 TOTAL TAX AMOUNT SUFFOLK COUNTY TAX SOUTHOLD TOWN TAX NYS REAL PROP TAXLAW NYS MANDATED EXPENSE MATTITUCK FIRE DIST MATTITUCK PARK DIST WASTE WATER DISTRICT STHLD SOL WASTE DIST 0.90% 0.24% 2.03% 6.05% 1.79% 0.15% 1,31% 31,900 31,900 31,900 31,900 .3t,900 3~900 31,900 68.59% 8.773 -49.00% 0.90% 183.517 5.70% 18.93% 2.364 19.724 58.673 1L340 1,444 12.662 26.10% 305.40% 29.10% 5.10% 3.50% -!7.00% 5,854.19 75.41 629.20 1,871.67 553.15 46.06 403.92 219.12 279.86 ] 5,854. ] FIRST HALF TAX 15,466.29 11.57% SECOND HALF TAX 15,466.29 DUEDEC E2004PAYABLEWITHOUTPENALTYTOJAN 102005 DUEDEC 1,2004PAYABLEWITHOUTPENALTYTOMAY31,E005 SEEREVERSE SEE REVERSE SIDE FOR PENAL]Y SCHEDULE SIDE FOR PENALTY SCHEDULE AND COUNTY TREASURER'S NOTICE 579.41 30,932.58 TOTAL TAX LEVY ~' THIS TAX MAY BE PAID IN ONE OR TWO INSTALLMENTS .GIVEN ASSOCIATES GIVEN ASSOCIATES, LLC P.O. Box 5305 · 548 Route 111 · Hauppauge, NY. 11788-0306 (631) 360-3474 FAX 360-3622 June 17, 2005 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Laurel, NY 11971 L I'JUN 2 3 2005I PRES£RV~TtDN Appraisal of Real Property of NOFO Associates (McFeely) N/S Main Road, Laurel, NY SCTM #1000-125-1-14 $2,200.00 File #2005120 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN ASSOCIATES LL Y JE Date Trx. Date Fund Account ............................. Begi 4/12/2005 4/12/2005 4/~6/2005 4/26/2005 4/26/2005 5/10/2005 5/10/2005 7/05/2005 4/12/2005 H3 600 4/12/2005 H3 600 4/26/2005 H3 600 4/26/2005 H3 600 4/26/2005 H3 600 5/10/2005 H3 600 5/10/2005 H3 .600 7/05/2005 H3 .600 Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-07052005-194 Line: 109 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 7/05/2005 SDT 7/05/05 : : Trx Amount... 2,200.00 : : Description.. AppPJ%ISAL-NOFO(MCFEELEY) : : Vendor Code.. 007416 : : Vendor Name.. GIVEN ASSOCIATES LLC : : Alt Vnd.. : : CHECK ........ 82113 SCNB : : Invoice Code. 2005120 : : VOUCHER ...... : : P.O. Code .... 14345 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. Addl. : : Fixed Asset.. Y : : Date Released 7/05/2005 : : Date Cleared. : : F3=Exit F12=Cancel : Tel: (631) 727-2090 Fax: (631) 727-1727 Joseph A, Ingegno Land Surveyor P.O, Box 1931 Riverhead, N.Y. 11901-0965 Email: jaisurveyor$@aol, com OFFICES LOCATED AT 322 Roanoke Avenue Riverhead, N.Y. 11901 June 24, 2005 Town of Southold Department of Land Preservation P.O. Box 1179 Southold, New York 11971 Att: Melissa Spire Re: Survey fees for S.C. tax no. 1000-125-01-14 Dear Ms Spire: Our fee for just the survey fo[ the above properiy located at Main Road, Laurel (30.785 acres±) was $7,000.00. Joseph A. P.L.S. please ,do not hesitate to contact me at anytime at the GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 013413 MCFEELY/JOHN : Y JE Date Trx. Date Fund Account : ............................. Begi : .~ 7/05/2005 7/05/2005 H3 .600 : ,, 8/02/2005 7/20/2005 H3 .8660.2.6 : Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. W-07052005-194 Line: 194 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS pAYg_BLE : Trx Date ..... 7/05/2005 SDT 7/05/05 : Trx Alnount... 7,000.00 Desorfption.. REIMB-SURVEY/NOFO ASSOC : Vendor Code.. 013413 : Vendor No_me.. MCFEELY/JOHN : Alt Vnd.. : CHECK ........ 82139 $CNB : Invoice Code. 062405 : VOUCHER ...... : P.O. Code .... 14346 Project Code. : Final Payment F Liquid. : Type of 1099. N BOX. Addl. : Fixed Asset.. Y : Date Released 7/05/2005 : Date Cleared. 7/31/2005 : F3=Exit F12=Cancel P.O, Box 1931 Riverhead, New York 11901-0965 July 5, 2005 Town of Southold Land Preservation Job#25-239 FOR PROFESSIONAL SERVICES RENDERED: Re-certify survey S.C. tax no. 1000-125-01-14 Re: NOFO Associates (McFeely) Main Road, Laurel Fee: $500.00  0_8S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 009528 INGEGNO/JOSEPH A. Y JE Date Trx. Date Fund Account ............................. Begi 10/27/1998 10/27/1998 H1 .600 10/27/1998 10/27/1998 H1 .600 10/27/1998 10/27/1998 A .600 10/26/1999 10/26/1999 H2 .600 5/09/2000 5/09/2000 DB .600 9/26/2000 9/26/2000 A .600 8/13/2002 8/13/2002 H3 .600 12/02/2003 12/02/2003 H3 .600 7/19/2005 7/19/2005 H3 .600 8/02/2005 7/20/2005 H3 .8660.2.6 Select Record(s) or Use Action Code : Trx Date ..... : Trx Amount... : Description.. : Vendor Code.. : Vendor Name.. : Alt Vnd.. : CHECK ........ : Invoice Code. : VOUCHER ...... : P.O. Code .... : Project Code. : Final Payment : Type of 1099'. : Fixed Asset.. : Date Released : Date Cleared. : F3=Exit Disburs Inquiry by Vendor Name ............. Detail--GL100N .............. W-07192005-318 Line: 172 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : 7/19/2005 SDT 7/20/05 : 500.00 : SURVEY-NOFO ASSOCIATES : 009528 : INGEGNO/JOSEPH A. : 82302 SCNB 25-239 14348 Addl. F Liquid. M BOX. Y 7/19/2005 7/31/2005 F12=Cancel Nelson, Pope & Voorhis, LLC 572 .Walt Whitman Road Phone: 631--427-5665 · M~ Iville NY 11747 Fax: 631-427-5620 Invoice Property: 03349 Project: VA01838 No£o Associates Property, Laurel Manager: McGinn, Steven To; Town of Southold Dept of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 1197l Attention: Melissa A Spiro Invoice #: 3352 lnvoice Date: July 13, 2005 MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS Invoice Amount $1,100.00 Contract Item #1: Prepare Phase I Environmental Site Assessment Work Performed: 6/17 thru 6/22/05 Contract Amount: $1,100.00 Percent Complete: 100.00% Fee Earned: $1,100.00 Prior Fee Billings: $0.00 Current Fee Total: $1,100.00 *** Total Project Invoice Amount $1,100.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR Y JE Date Trx. Date Fund Account ......................... Use Acti .. 5/10/2005 5/10/2005 H3 .600 , . 7/05/2005 7/05/2005 H3 .600 7/05/2005 7/05/2005 H3 .600 ~ 8/02/2005 8/02/2005 H3 .600 Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name Detail--OL100N : W-08022005-382 Line: 164 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 8/02/2005 SDT 8/01/05 : : Trx Amount... 1,100.00 : : Description.. NOFO ASSOC-PHASE 1 ESA : : Vendor Code.. 014161 : : Vendor Name.. NELSON, POPE & VOORHIS, : : Alt Vnd.. : : CHECK ........ 82537 SCNB : : Invoice Code. 3352 : : VOUCHER ...... : : P.O. Code .... 13917 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. Addl. : : Fixed Asset.. Y : : Date Released 8/02/2005 : : Date Cleared. : : F3=Exit F12=Cancel : TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NEWYORK 11971-0959 DATE 07/20/2005 ELEVEN THOUST~ND SEVEN HUNDRED FORTY ONE ~D 00/100 7/20/05 CHECK NO, 82423 DOLZARS NO. v--._ 423 AMOUNT $11,741.00 PAYTO STEWART TITLE INSURANCE CO. THE 125 BAYLIS ROAD SUITE 201 ORDEF r OF MELVILLE NY 11747 O0000t, VENDOR 019624 STEWART TITLE INSUP~ANCE CO. 07/20/2005 CHECK 82423 H3 .8660.2.600.100 H3 .8660.2.600.100 H3 .8660.2.600.100 14349 23-S-3525-t 14349 23-S-3525-3 14349 25-S-3525-2 DESCRIPTION AMOUNT TITLE POLICY-MCFEE 11,462.00 CERT COPY-MCFEELY 4.00 RECORD DEED-MCFEELY 275.00 TOTAL 11,741.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 ONE HUNDRED Ai~D 00/100 DOLLARS TOWN OF SOUTHOLD 53095 MAIN ROAD S©UTHOLD NEW YORK 11971 0959 DATE 07/20/2005 7/20/05 CLOSING 082419 CHECK NO AMOUNT 82419 $100.00 PAY TO THE ORDER OF KAREN HAGEN 2675 KERWIN~BOULEVARD GREENPORT NY 11944 ,'0~2~q,,' ':02&~05~E~J: E~, O0000t, 0,' VENDOR 007707 KAREN HAGEN 07/20/2005 CHECK 82419 !~T TKIT') ~ P.O.~: H3 .8660.2.600.100 INVOICE 23-S-3525-4 DESCRIPTION AMOUNT TITLE CLOSER-MCFEELY 100.00 TOTAL 100.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 R E C O R D E D D E E D III SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 7 Receipt Nu~aber : 05-0082505 TRANSFER TAX NUMBER: 05-01272 District: 1000 ,~ed A~ount: Recorded: At: LIBER: PAGE: Section: Block: 125.00 01.00 EXAMINED AND CPIARGED AS FOLLOWS $2,900,000.00 Received the Following Fees Page/Filing $21.00 COE $5.00 EA~CTY $5.00 TP-584 $5.00 RPT $30.00 Transfer tax $0.00 TRANSFER TAX NUMBER: 05-01272 THIS For Above Instrument Exempt NO Handling NO NYS SRCHG NO EA-STATE NO Cert.Copies NO SCTM NO Co~.Pres Fees Paid PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL AUG 2 6 2005 DEPT OF LAND PRESERVATION Edward P.Romaine County Clerk, Suffolk County 08/08/2005 03:05:25 PM D00012402 445 Lot: 014.000 Exempt $5 00 NO $15 00 NO $165 00 NO $5 00 NO $0 00 NO $0 00 NO $256 00 Number of pages '~ TORRENS Serial # Certificate # Prior Ct£ # Deed / Mortgage Instrument Page / Piling Fee Handling TP-Sg4 Notation LA-52 I7 (Cmmty) Deed / Mortgage Tax Stamp RECOROEP 2005 Aug 08 03:05:25 PM Eduard P.Romaine CLERK OF SUFFOLK COUHW L D00012402 P 445 DT~ 05-01272 Recording / Filing Stamps FEES LA-5217 (State) Comm. of Ed. 500 Reg. Copy Sub Total Sub GRAND TOTAL Real Property Tax Service Agency Verification Stamp 05030033 xooo x25oo oreo ot4ooo ,ooo Mortgage Amt, 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town Dual County Held for Apportionment __ Transfer Tax . ~ Mansion Tax The properly covered by this mortgage i will be improved by a one or two fa dwelling only. YES or NO -- If NO, see appropriate tax clause on pa of this instrument. Conmmnity Preservation Fu Consideration Amount $ CPF Tax Due $ -0- Vacant Land ] , Title Company Information t Co. Name Stewart Title Insurance Company Suffolk County Recording & Endorsement Page '~is page fom~s part of the attached deed made Edna A. Beirne, as Executrixt etc. TO THE TOWN OF SOUTHOLD (SPECIFY TYPE OF INSTRUMENT ) The prem/ses herein is situated in SI PO'FOLK COUNTY, NnEW YORK- In the Township of Southold In the VILLAGE or HAMLET of Laurel BOXT, S 5 'D [RU 9 Mt!ST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING Form 8002 (9/99) - 20M -- Bargain and Sale Deed, with Covenants againsl Grantor's Acls--lndividual or Corporauon (single sheel) THIS INDENTURE, made,he 20th day of July 2005 ~ BETWEEN EDNA A. BEIPRqE, as Executrix of the Last Will and Testament of Michael E. Beirne by letters issued 2/17/2005 under Nassau County Surrogates File No. 305343, residing at 186 Voorhis Ave., Rockville Centre, NY 11570, and LESLIE ANN BEIRNE, as Trustee under Last Will and Testament of Michael E. Beirne by letters issued 2/17/2005 under Nassau Surrogates File No. 305343, residing at 3760 Camp Mineola Rd., Mattituck, NY 11952, and JOHN F. MCFEELY, residing at 5900 Peconic Bay Blvd., Laurel, NY 11948, as Tenants in Cormnon, being the Successors in Interest to NOFO Associates, a New York partnership, ~a~yofthefirstpafl. and TOWN OF SOUTHOLDt a municipality having a principal place of business at 53095 Route 25, P.O. Box 1179, Southold, NY 11971-0959, party of the second part, W1TNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration 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 tl~e 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 beinginthe Town of Southold, County of Suffolk and State of New York, r~pre particularly described on "SCHEDULE A" hereto annexed. BEING the solne premises as conveyed to NOFO Associates by deed recorded in Liber 9852 at Page 350. WHEREAS, this certain plot, piece or parcel of land more fully described herein shall re,in in its current state and its open space areas shall be sterilized and remain as open space for the express purpose of protecting the aquifer and water supply and said open space areas shall be kept in a natural state in perpetuity, excepting only property maintenance activities as may be appropriate to effectuate the foregoing purposes without impairing the essential nature and open space character of the open space areas. This paragraph does not preclude the use of the open space areas for passive recreation purposes. , TOGETHER with all ~ight, title and interest, if any. of the party of the first part, in and to any streets and roads abutling the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all thc estale and rights of the party of the ~irst part in and to said premises: TO HAVE AND TO HOLD the premises herein granted unto the party oflhe second part, the heirs or successors and assigns oflhe party of the second part forever AND the party of the first purl covenants that the party of the fJrsl part hhs not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the pmty of the lb'st pst. m compliance with Section 13 of the Lien Law, covenants that the party of thc first part will receive the consideration for this conveyance and will hold (he right to receive such consider- ation as a trust fund to be applied first for the purpose ot paying the cost of the improvement anti will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for auy other purpose. The word "party" shall be construed as if it read "parties" whenever the sense ol this indemure so requires IN WITNESS WHEREOF, the par~y of the first part has duly executed this deed the day and year Ii,st above EDNA A BEIRNE, as Executrix LE~LIE-~_NN BEtas Truste~ - Acknowledgement taken in New York State State of New York, County of Suffolk , SS; On the 20thday of July , in the year 2005, before me, Ihe undersigned, personally appeared Edna A. Beirne, as Executrix personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same m his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. Notary ~ic ~/ KAREN J, HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffolk County Commission Expires March 21, 20 Acknowledgement by Subscribing Witness taken in New York Stat6 State of New York, County of , SS: On the day of , in the year , before me, the undersigned, personally appeared the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who being by me duly sworn, did depose and'say, that he/she/they reside(s) in that he/she/they know(s) to be the individual described in and who executed ~he foregoing instrument; that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto Title No: EDNA A. BEIRNE, as Executrix, etc. IQ TOWN OF SOUTHOLD Distributed by Chicago Title Insurance Company Acknowledgement taken in New York State State of New York, County of Suffolk , SS: On the 20th day of July , in the year 2005, before me, the undersigned, personally appeared Leslie Ann Beirne, as Trustee personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffolk County Commission Expires March 21, 20 ~J~ Acknowledgement taken outside NewYork State · State of , County of , ss: * (or insert District of Columbia, Territory, Possession or Foreign Country) On the day of , in the year , before me, the undersignedT personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed ~o the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), ihat by his/her/their signature(s) on the instrument, the individual(s) or the person upon behag of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the (add the city or political subdivision and the state or country or other place the acknowiedgement was taken). SECTION BLOCK LOT COUNTY OR TOWN RETURN BY MAILTO: The Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Attn: Mela~ie Zip No. RIDER TO DEED BETWEEN EDNA A. BEIRNE, LESLIE ANN BEIRNE and JOHN F. McFEELY as Tenants in Common, being the Successors in Interest to NOFO ASSOCIATES AND THE TOWN OF SOUTHOLD DATED JULY 20, 2005 AS SET FORTH in Chapter 59 and Chapter 6 of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those Chapters shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity, TOWN OF SOUTHOLD By: Deputy Town Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )ss: On the 20th day of July, 2005, before me personally appeared MARTIN H. SIDOR, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Deputy Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the ins~m~-nt. ~'~ KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffolk County Commission Expires March 21, 20 STATE OF NEW YORK ) COUNTY OF SUFFOLK )ss.: On the 2D/~ day of July in the year 2005, before me, the undersigned, personally appeared JOHN F. McFEELY, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. KAREN J. HAGEN NOTARY PUBLIC, State of New York No 02HA4927029 ,/ ilied in Suffolk County /'~'~ Oual ...... Commission Expires March z~. ,~u . Stewart Title Insurance Company Title No: 23-S-3525 Schedule A Description (AMENDED 07/14/2005) ALL that certain plot, piece or parcel of land with the bnitdings and improvements therein erected, lying, situate and being at Laurel, Town of Southold, county of Suffolk and State of N6w York more particularly bounded and described as follows: ' BEGINNING at a monument on the northerly side of Main Road (NYS Route 25) which marks the easterly line of lands now or formerly Harold Avent with the westerly line of premises described herein and; RUNNING THENCE along said lands now or formerly ltarold Avent: 1) 2) North 19 degrees 11 minutes 50 seconds west 262.45 feet; South 73 degrees 38 minutes 20 seconds west 77.20 feet to a concrete monument and lands now or formerly Town of Southold; THENCE north 19 degrees 57 minutes 00 seconds west along said lands now or formerly Town of Southold 519.41 feet to a point; THENCE north 21 degrees 30 minutes 10 seconds west, 590.93 feet to the waters of Laurel Lake; THENCE along tie lines which mark the waters of Lamel Lake the following courses and distances: 1) 2) 3) 4) 5) 6) ?) 8) North 76 degrees 11 minutes 15 seconds east 36.26 feet; South 75 degrees 02 minutes 37 seconds east 94.00 feet; South 59 degrees 10 minutes 02 seconds east 90.72 feet; North 64 degrees 35 minutes 19 seconds east 40.88 feet; North 35 degrees 53 minutes 55 seconds east 48.14 feet: Noah 17 degrees 52 minutes 43 seconds east 67.64 feet; North 06 degrees 51 minutes 24 seconds east 85.40 feet; Noah 27 degrees 10 minutes 03 seconds west 86.43 feet; TOGETHER with all right, title and interest of the party of the l'i~st part, in and to the land lying in the street in ~ont of and adjoining said premises. THENCE north 40 degrees 11 minutes 30 seconds east 441.27 feet to a monument and lauds now or formerly Suffolk County Water Authority; THENCE along said lands now or formerly Suffolk County Water Authority: 1) 2) 4) 5) 6) 7) 8) South 62 degrees 21 minutes 50 seconds east 172.45 feet; South 37 degrees 00 minutes 40 seconds east 162.93 feet; South 06 degrees 09 minutes 50 seconds east 251.65 feet; South 36 degrees 28 minutes 00 seconds east 118.09 feet; South 32 degrees 00 minutes 20 seconds east 92.42 feet; South 22 degrees 38 minutes 00 seconds east 279.24 feet; South 30 degrees 42 minutes 40 seconds east 165.13 feet; South 35 degrees 01 minutes 10 seconds east 370.95 feet to a monument and lands now or formerly Scott R. Albrecht; THENCE along said lands now or formerly Scott R. Albrecht: ,1) 2) South 64 degrees 17 minutes 22 seconds west 141.70 feet; South 33 degrees 27 minutes 12 seconds east 207.34 feet to lands now or formerly Long Island Rail Road; TItENCE along said lands now or formerly Long island Rail Road: 1) 2) 3) South 46 degrees 53 minutes 39 seconds west 196.04 feet; South 78 degrees 03 minutes 40 seconds west 139.84 feet; South 72 degrees 51 minutes 10 seconds west 2 l 5.63 feet to the northerly side of Main Road; TIIENCE south 85 degrees 44 minutes 00 seconds west along the northerly side of Main Road 295.39 feet to the point or place of BEGINNING. TOGETHER with all right, title and interest of the party of the first pat't, in and to the land lying in the street in front of and adjoining said premises. T I T L E P 0 L I C Y ALTA OWNER'S POLICY- 10-17-92 POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE® INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Insurance Company has caused this policy to be signed and sealed by its dul~ officers as of the Date of Policy shown in Schedule A. STEWART TITLE® Countersigned by: Secretary EXCLUSIONS FROM COVERAGE the following moilers are expressly excluded from the coverage of this policy (and the Company will not poy loss or demoge, costs, attorneys' fees or expenses which oriee by reoenn ct: l. Ca) Any Iow, ordinance or governmental regulation (including but not limited to building end zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to {i) the occupancy, use, cc enjoyment of the land; (ii) the chorodec, dimensions or location of any improvemenl now or hereafter erected on the Icad; (iii) e separation in ownership or o choage in the dimensions or oreo of the land or cay porcel of which the land is or won n port; or (iv) eovironmenM protedioa, or the effect of nay viCnlion of these lows, ordinances or governmental regulations, excepl to the extent that e notice of the eafomement thereof n[ n notice of o defect, lien or encumbrance resulting from e violation or alleged violotion offeding the Icad hoe been recorded in the public records et Date of Poky. {b) Any govelameotnl police power not exduded by {n) above, except te Die exient thor a notice of the exemise thereof or e noDce of o deled, lien er encumbrance msulgng flom a violation or oDeged violation affecting the land has been recorded in the public records at Date or Policy 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, hut not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the ~hts of a purchaser for value without knowledge.' 3 Defeds, liens, mlcualbrances, adverse claims or other mailers: Ca) meated, suffered, assumed or agreed to by the insared claimanl; Cb) not known to the Company, not recorded in the public records at Date of Palky, but known 1o the insured claimant and not disclosed Jn writing to the Company by tile insured cleimant prior to the date the insured claimant became an insured under this policy; Cc) resulting in no loss or damage to the insured claimant; Cd) attaching or created suhsequenl to Date of Policy; or Ce) resulting in loss or damage whkh would not hove heml sustained lithe insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim which arises eat of the ttonsaction vesting in the Insured the estate or ieterest insured by this policy, by mason of the operation of [edelal baokluptcy, state insolvency, or similal creditors' rights laws, thai is based on: j~ Ca) the tmasanion cmaDng the estate or intmest insuled by this policy being deemed a fraudulent conveyance al flaudulent traasfm; or Cb) lhe transadioa cleating the estate or interest insured by lhie policy being deemed a pmfemntM nansfer except where the preferential tror~sJer results f[ool the failure: (i) to timely record the instrument or nansfer; or ~ varue or a judgment o_r lie_n creditor~ _ _ _2 I)-8831 3 3 9 2 4 NY 001 (10 17 921 ALTA OWNER'S POLICY SCHEDULE A Title No.: 23-S-3525 Date of Policy: July 20, 2005 Policy No.: O-8831-339224 Amount of Insurance: $2,900,000.00 1. Name of Insured: Town of Southotd County: Suffolk 2. The estate or interest in the land described herein and which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Town of Southold, who acquired title by virtue ora deed from NOFO Associates, by deed dated and to be recorded in the Suffolk County Clerk's/Register's Office. 4. The land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. District: 1000 Section: 125.00 Block: 01.00 Lot: 014.000, 4612 (7/93) Page2 $ T E W A R T T I T L E INSURANCE COMPANY Stewart Title Insurance Company Title No: 23-S-3525 Policy No.: 0-8831-339224 Schedule A Description ALL that certain plot, piece or parcel of land with the buildings and improvements therein erected, lying, situate and being at Laurel, Town of Southold, county of Suffolk and State of New York more particularly bounded and described as follows: BEGINNING at a momtment on the northerly side of Main Road (NYS Route 25) which marks the easterly line of lands now or formerly Harold Avent with the westerly line of premises described herein and; RUNNING THENCE along said lands now or formerly Harold Avent: North 19 degrees 11 minutes 50 seconds west 262.45 feet; South 73 degrees 38 minutes 20 seconds west 77.20 feet to a concrete monument and lands now or formerly Town of Southold; THENCE north 19 degrees 57 minutes 00 seconds west along said lands now or formerly Town of Southold 519.41 feet to a point; THENCE north 21 degrees 30 minutes 10 seconds west, 590.93 feet to the waters of Laurel Lake; THENCE along tie lines which mark the waters of Laurel Lake the following courses and distances: North 76 degrees 11 minutes 15 seconds east 36.26 feet; South 75 degrees 02 minutes 37 seconds east 94.00 feet; South 59 degrees 10 minutes 02 seconds east 90.72 feet; North 64 degrees 35 minutes 19 seconds east 40.88 feet; North 35 degrees 53 minutes 55 seconds east 48.14 feet; North 17 degrees 52 minutes 43 seconds east 67.64 feet; North 06 degrees 51 minutes 24 seconds east 85.40 feet; North 27 degrees 10 minutes 03 seconds west 86.43 feet; THENCE north 40 degrees 11 minutes 30 seconds east 441.27 feet to a monument and lands now or formerly Suffolk County Water Authority; THENCE along said lands now or formerly Suffolk County Water Authority: South 62 degrees 21 minutes 50 seconds east 172.45 feet; South 37 degrees 00 minutes 40 seconds east 162.93 feet; South 06 degrees 09 minutes 50 seconds east 251.65 feet; South 36 degrees 28 minutes 00 seconds east 118.09 feet; South 32 degrees 00 minutes 20 seconds east 92.42 feet; South 22 degrees 38 minutes 00 seconds east 279.24 feet; South 30 degrees 42 minutes 40 seconds east 165.13 feet; South 35 degrees 01 minutes 10 seconds east 370.95 feet to a monument and lands now or formerly Scott R. Albrecht; THENCE along said lands now or formerly Scott R. Albrecht: South 64 degrees 17 minutes 22 seconds west 141.70 feet; South 33 degrees 27 minutes 12 seconds east 207.34 feet to lands now or formerly Long Island Rail Road; THENCE along said lands now or formerly Long Island Rail Road: South 46 degrees 53 minutes 39 seconds west 196.04 feet; South 78 degrees 03 minutes 40 seconds west 139.84 feet; South 72 degrees 51 minutes 10 seconds west 215.63 feet to the northerly side of Main Road; THENCE south 85 degrees 44 minutes 00 seconds west along the northerly side of Main Road 295.39 feet to the point or place of BEGINNING. ALTA OWNER'S POLICY SCHEDULE B TitleNo.: 23-S-3525 PolicyNo O-8831-339224 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: Rights of tenant(s) or person(s) in possession, if any. Policy excepts any unpaid water, sewer or street frontage charges. Company excepts possible rights of others than the insured, in, to, and over the unpaved dirt roads as shown on the survey herein ag described in Schedule "A", but policy will insure that the use for Open Space Preservation and Water Protection will not be disturbed by reason thereof and that fee title remains in the insured. 4. Subject to any restrictions under the Tidal Wetland Act/Freshwater Wetlands Act. 5. RIPARIAN EXCEPTIONS: A) No title is insured to any land now under the waters of Laurel Lake. B) Subject to the rights of others to navigate the waters of Laurel Lake. C) Subject to the riparian rights of others to Laurel Lake. D) Riparian rights of the owner of the subject premises, are not insured. E) Rights of the governmental authorities to improve navigation and change bulkhead and shore lines without compensation to upland owners. Survey by Joseph Ingegno dated June 26, 2002 shows premises improved by: a two-story frame building with rear porch and cellar entrance; frame building, frame structure, concrete plot; frame building with chapel; frame school building, irregular frame building; concrete block building; concrete block bathroom; remains of frame building; swamp area located, remains of wood deck at Laurel Lake located; dirt roads and trails located, gate installed east of east line at dirt trail to prohibit access from premises adjacent east. 7. Company excepts any changes that would be disclosed by a guaranteed survey dated after June 26, 2002. 4613 (2/93 Page 3 STEWART TITLE INSURANCE COMPANY STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY Title No.: 23-S-3525 STANDARD NEW YORK ENDORSEMENT (Owner's Policy) ATTACHED TO AND MADE A PART OF POLICY NUMBER O-8831-339224 1. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien-for services, labor or material furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges, and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Signed on July 20. 2005 Stewart Title Insurance Company Signed by: Authorized O f~e...or"~gent Stewart Title insurance Company 125 Baylis Road Suite 201 Melville, New York 11747 Agent No.: 327005 STEWART INSURANCE 1987 TITLE COMPANY STANDARD NEW YORK ENDORSEMENT (9/1/93) FOR USE WITH ALTA OWNER'S POLICY (10/17/92) stewart title insurance company Title Number: Date of Application: Sales Representative: ORDER CONFIRMATION 23-S-3525 Wednesday, October 08, 2003 Christopher McKeever Melville- Long Island 125 Baylis Road, Suite 201 Melville1 NY 11747 631-501-9615 631-501-9623 Application Fax 631-501-9624 Clearance Fax www.stewartLl.com NYSE: STC Applicant: Melanie Town of Southold - Land Preservation 53095 Route 25, P.O. Box 1179 Southold, NY 11971-0959 Ph: (631) 765~5711 . Fax: (631) 765-6640 Copy to: Tim Caufield Peconic Land Trust 296 Hampton Road, P:O. Box 1776-11969 Southampton, NY 11968 Ph: (631) 283-3195 Fax: (631) 204-0711 Seller's Attorney: Peter Danowski Esq. 616 Roanoke Avenue, P.O. Box 779 Riverhead, NY 11901 Ph: (631) 727-4900 Fax: (631) 727-7451 Copy to: Susan Quinn Tuths, Esq. Tuths and Tuths, Esqs. 77 Hampton Road Southampton, NY 11968 Ph: (631) 287-0018 Fax: (631) 287-7639 Property Address: n/s Route 25 Laurel, NY Condo/Co-op: County: Suffolk Town: Southold TRANSACTION: District: 1000, Fee Liability: Section: 125.00, Mortgage Liability: Block: 01.00, REFERENCE: Lot: 014.000, Mortgagee: Buyer/Borrower: Seller: Survey Instruction: Town of Southold NOFO Associates Survey to follow Departmental Searches Ordered: Fee Simple $2,900,000.00 IF THIS IS A REFINANCE WITHIN TEN YEARS, YOU MAY BE ENTITLED TO A REDUCED PREMIUM. CONTACT THIS COMPANY IMMEDIATELY FOR DETAILS. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subjed to any righi~ or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law os distinguished from purchase including, but eot limited to, heirs, distributaes, devisees, survivms, personal repcesentatives` next of kin, nr corporate or fiduciary successors. (b) "insured claimant": an iosured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may he imputed to an insured by reason of the puhbc records as defined in this policy or any ethel records which impart constructive notice of mailers afleciing the land. (d) "land'g the land described or rafermd to in Schedule A, and improvements afl'xed thereto which by law constitute real properh/. The term "land" does not include any property beyond the lines of the area described m referred to in Schedule A, nor any right, title, interest, estate m easement Jo ahuHing streets, roods, avenues` alleys, lanes, ways m waterways, but nothing herein shall modi~ or limit the extent to which o right of access to and from the land is insured by this policy. (e) "modgage": mortgage, deed of tins fi trust deed, m other security instrument. (t) "public records": records established under state statutes at Date of Policy for the purpose of importing constructive notice of matters relating to real property to purchasers for value and without knowledge. With reseed to Section l(a)(iv) of the Exclusions From Coverage, "public records" shaft also include environmental proledion liens filed in the records of the clerk of the United States distrid eoufl for the district in which the land is located. (g) "unmathetohility of the title": an alleged or apgarent mailer affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchasel of the estate or inlemsl described in Schedule A to be released from the obligation to purchase by vgtue of a contractual condition requiring the delivecy of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. the coverage of this policy shall continue in force as of Date of Policy ie foam of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money modgage given by o purchaser from the insured, or only so long as the insmed shall have liability by reason of covenants of warlanty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any pemhaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a pmchase money mortgage given to the insured. 3 NOTICE OF CLAIM I'0 BE GIVEPl BY INSURED CLAIMANT. The insured shall notiJy the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse ta the title to the estate or inlmest, as insured, and which might cause loss or damage for which the Company may be liable by vidue of this policy, or (iii) if tide to the estate or interest, as insured, is mjeded as unmarketable. If prompt notice shall not he given to the Compmly, then as to the insured all liability of the Compaoy shall terminate with regard to the mailer or mailers for which prompt notice is required; provided, however, thal failure to notifi/the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall he prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUl~' OF INSURED ClaIMANT TO .COOPERAT[. (a) Upon written request by the insured and suhiect to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cosl and without unreasonable delay, shall provide for the defense of on insmed ]u litigation in which any third party asseds a claim adverse to the title or interest as insured, hot only as to those stated causes of action alleging a defect, lien or encumbrance or other mailer insured against by this pohcy The Company shall have the right to select counsel of its own choice (subject to the right of the insured to object fei reaseeable cause) to regmsenl tile insuled os to those stated causes of action and shall not be liable for (~nd will aot pay Um fees of any other counsel. The Corrlpany will ual pay any fees, cosls or expenses incurred by the iasemd in the defense of ihose causes of action which allege matters not insured against by this policy. (h) The Corrlpany shall have the righl, at its own cost, to institute and prosecute airy aclion or proceeding or to do any other oct which in its opinion may he necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. Tile Company may take any appropriate action undel lhe terms of this policy, whether or not g shall be liable hereunder, and shall not thereby concede I[ohdity or waive any provision of this policy. If the Company shall exercise it rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an oaten or interposed a defense as required or permitted by the previsions of this policy, the Company may pursue ney litigation to final determinatioo by a coufi of competent jugsdiction and expressly resemes the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or plovide defense in the adieu or proceeding, and all appeals therein, and permit the Company to use, at its option, the nome of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting seHlemenfi and (ii) in any othm lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insemd to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the mattet or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Sedion 3 of these Conditions and Slipu[ations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days artec the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the doted in, or lien or encumbrance on the title, or other motim insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of cokulating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability ac obligation to defend, prosecute, or continue any litigation, with regard to the mailer or malters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for exominatiou, inspection and copying, at such reasonable times and places as may be designated by any authmized representative of the Company, oil records, books, ledgers, checks, correspondence and memoranda, wbether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested hy any autholized representative of the Company, the insured cJeimant shall grant its permission, in wrUing, for any authorized representative of the Company to examine, inspect and copy afl recocds, boobs, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated os confidential by the insured claimant provided to the Company pursuant to this Section shall not he disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably aecessaly information from thi[d parties as requited in this paragraph shall terminate a ny haHility of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTItERWJSE SETTLE CLAIMS; TERMINATION OF LIABILII¥. In case of a claim under this policy, the Company shall hove the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or to. oder payment of the amount of insurance under this policy together with any costs, attmoeys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment al tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all lioSility and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall he surrendered to the Company for cancellation (h) To Pay or Otherwise Settle With Pndies Other then the Insured er With the insured Claimant. (i) to pay or otherwise settle with other parties for or in the nanse of all insured claimonl any claim insured against under this policy, togethel with any cost% attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company ap to the time of payment and which the Company is obligated to pay; m (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, logether with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to gay IJUNUI I IUN~ ~,HU ~ I II~ULRI IUN~ ~onunuea (continued and concluded from reverse side of Policy Face) Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this poficy for the claimed Joss or damage, other than the payments required to be made, shall terminate, including any liabifih, or obligation ta defend, prosecute or continue any litigation. 7. DETE~INATION, EXJENT OF LIABILI1Y AND COINSHRANCE. This policy is a contrad of indemnity against adual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. Ca) Tfie babilily of the Company under this policy shall not exceed the least oft (i) the Amount of Insurance stated in Schedule A; ar, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or intmest subjecl to the defect, lien or encumblance insured against by this policy. Ch) In the event the Amount of Iosumnce stated in Schedule A et the Pate of Policy is less than 80 percent of the value of the insured eslate er interest or the full consideration paid for the estate or interest, whichever is less, or if subsequent to the Date of Policy aa improvement is ereded on the lend which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule subject to the following: (i) whine no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in th~ proportion that the amount of iusuraace at Date of Policy bears to the total value of the insured estate or interest at Pate of Polk?; or (ii) where a subsequent implovement has been made, as to any partial loss, the Company shalt only pay the loss pro rata in the proportion thal 120 percent of the Amount of Insurance stated in Schedule A bears to the sam of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any Foss which exceeds, in the aggregate, 10 percent of the Amount of Insulance stated in Schedule Cc) The Company will pay only those costs, attorney's fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations 8. APPORTIONMENT. If the land described in Schedule A consists oflwo or more parcels which ere not used as a single site, end a loss is established affecting one or more of the parcels but not all, the loss shall be computed and sealed on a pro rata basis as if the amount of insurance under this poficy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upoa as to eadr parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement al by an endorsement aHached to this policy. 9. LIMITATION OF LIABILIIY. Ca) If the Company establishes the title, er removes the alreged defect, lien or encumbrance, er cams the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all es insured, in a reasonably diligent mannel by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that mailer and shag not be liehJe for any loss er damage caused thereby. (fi) In the event of any fitigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent judsdidion, and disposition of all appeals therefore, adverse to the title as insured. Cc) The Company sbaJi not he liable for loss or damage to any insured for liability voluntadJy assumed by the insured in seHl[ng any claim or suit without the prior written consent of the Company. 10 REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABJLII'(. All payments under this poficy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the [nserance pro 11. LIABILIIY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shat/he reduced by any amount the Compauy may pay under any policy insuring e mortgage to which exception is taken in Scfiedure fi or to which the insured has agreed, assumed, al taken subject, or which Js hereafter executed by aa insured and which is a charge or hen on the estate or inlmest described or referred to Jn Schedule A, and tile amount so paid shall be deemed e puyment under this policy to the insmad owner. 12 PAYMENTOF LOSS. Ca) No paymeat shall be made without producing this policy for endorsement of tbe payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. Cb) When liability sad the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the lass or damage shall be payable within 30 days thereafter. 13. SUBROGATION LIPON PAYMENT OR SEITLEMENT. Ca) The Company's Right of Subrogalion. Wheoever the Company shall have settled and paid a claim under this poficy, all right of subrogation shall vest in the Company unaffeded by any ad of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or properly in rasped to the claim hod this pohcy oat been issued. If requested fly the Company, the insured claimant shall transfer to the Company aJJ rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. if a payment on account af a daim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount or the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to lhe Company by reason of the impairment by lhe insured claimant of the Company's right of subrogation. Cb) The Company's Righls Against Noo-insu~ Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, gualanties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide fol subrogation rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited fo, any controversy or claim fielween the Company and the insured arising out of or relating to this policy, any service or the Company in connection with its issuance or the breach of a poficy provision or other obligation. All arbitrable matters, when the Amount of Insurance is $l,000,000 or Jess shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insulance is in excess of S1,000,000 shall be arbitrated only when agreed to by both the Company and the insured Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the padies. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing pady. Judgment upon the award rendered hy the Arbitrator(s) may be entered in any tour' having jurisdiction thereof. The law of the situs of the load shall apply to an arbitration under the Title insurance Arbitration Rules. A copy of the Rules may he obtained from the Company upon request 15. LIABIUI? UMITED TO TI'IlS POLICY; POLICY EI'iTIRE CONTRACT. Ca) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Compaay. In interpreting any provision of this po[icy, this pobcy shall fie construed as a whore. Ch) Any claim of loss or damage, whether al not based on negligence, and which arises out of the status of the tide to the estate or ioterest covered hereby or by any action asserting such claim, shall be restricted to this policy. Cc) No amendment of m endolsement to this policy can be mede excepl by a writing endorsed hereon or attacbed hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating nfficm or authorized signatory of the Company. 16. SEV£RARILIIY. In the event any provision or the policy is herd invalid or unenforceable under applicable /aw, the policy shall he deemed not to iuclude that provision and all other provisions shall remaia [n full force and effect. 17. NOTICES, WHERE StiNT. AJI notices requgad to be given the Company and any statement ia writing required to he furnished the Company shall include the number of this policy and shall he addressed to the Company al 300 East 42nd Stteet, New York, New York 10017. ST E~¥ART TITLE® STEWART TITLE® POLICY OF TITLE INSURANCE STEWART TITLE® 300 East 42nd Street New York 10017 STEWART TITLE® POLICY OF TITLE INSURANCE STEWART TITLE® 300 East 42nd Street New York, New York 10017 STEWART TITLE® POLICY OF TITLE INSURANCE STEXYART TITLE¢ 300 East 42nd Street New York, New York 10017 S A N I T A R Y F L O W C R E D I T ELIZABETH NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631 ) 765-6145 Telephone: (631) 765-1800 southoldtown.northfork.net RESOLUTION # 2005-468 Resolution ID: 1034 Meeting: 08/02/05 07:30 PM Department: Land Preservation Category: Sanitary Flow Credits THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2005-468 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON 08/02/05: WHEREAS, on July 20, 2005, the Town of Southold purchased Fee Title to the parcel known as NOFO Associates or the successors thereto (a/k/a McFeely); and WHEREAS, said property is identified as SCTM#1000-125-1-14 and 5145 Route 25, Mattituck, New York; and WHEREAS, said property is 30.785 acres, as per a survey prepared by Joseph A. Ingegno, Land Surveyor, June 26, 2002~ and WHEREAS, said property is located within the Low-Density Residential R-80 Zoning District; and WHEREAS, said property is located within the Mattituck-Cutchogue School District; and WHEREAS, the deed recorded as part of the purchase prohibits the use of the property for any residential, commercial or industrial uses and prohibits the use of the property for anything other than open space, except for future use for open space stewardship and interpretive center/quarters; and WHEREAS, as per Section 87-5 (Determination of Sanitary Flow Credit to be Deposited in the TDR Bank) of the Town Code, the Land Preservation Coordinator provided the Town Board with a calculation of the sanitary flow credits available for transfer from the above-mentioned parcel prior to the Town Board public hearing on the purchase; and Updated: 7/29/2005 10:08 AM Page 1 OWItEREAS, the Land Preservation Coordinator provided the Town Board with a final calculation of the sanitary flow credits available for transfer from the above-mentioned parcel following the closing on the parcel; and WHEREAS, 22.4 sanitary flow credits are available from the parcel. However, 1 sanitary flow credit will be retained on the property for the stewardship and interpretive center/quarters. Therefore, 21.4 (twenty-one and four tenths) Sanitary Flow Credits are available to be placed into the Town TDR Bank as a result of this purchase; be it therefore RESOLVED that the Town Board of the Town of Southold hereby places 21.4 {twenty-one and four tenths) sanitary flow credits into the Town TDR Bank from the Town's fee title purchase of the property owned by NOFO Associates or the successors thereto (a/k/a McFeely); and, be it FURTHER RESOLVED that the Town Clerk shall enter this transfer of 21.4 (twenty-one and four tenths) sanitary flow credits into the Sanitary Flow Credit Log; and, be it FURTHER RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. Elizabeth A. Neville Southold Town Clerk Page 2 P R O P E R T Y R E C O R D S EDNA BEIRNE, as Executrix of the Last Will and Testament of Michael E. Beirne; LESLIE ANN BEIRNE, as Trustee under Last Will and Testament of Michael E. Beirne; and JOHN F. McFEELY, as Tenants in Common, being the Successors in Interest to NOFO ASSOCIATES, a New York partnership to TOWN OF SOUTHOLD SCTM #'1000-125-1-14 Open Space Acquisition - 30.785 acres Premises: 5145 Main Road, Laurel Closing Date: Wednesday, July 20, 2005, at 12 noon, Land Preservation Department, Southold Town Hall Annex (from left to right) Peter S. Danowski, Jr., Esq. - attorney for Seller (McFeely) John F. McFeely - Seller Mary McFeely - wife of John F. McFeely Leslie Ann Beirne - Seller Edna Beirne - Seller Martin H. Sidor - Southold Town Deputy Supervisor Tim Caufield - Vice President of Peconic Land Trust John Mann, Esq. - attorney for sellers (Beirne) Melissa Spiro - Land Preservation Coordinator MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: From: Date: Re: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Suffolk County Division of Real Estate Peconic Land Trust Melissa Spiro, Land Preservation Coordinator July 20, 2005 NOFO ASSOCIATES (McFeel¥ & Beirne) to TOWN OF SOUTHOLD SCTM #1000-125-1-14 Open Space Please be advised that the Town has acquired the open space property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: PROPERTY OWNERS: PURCHASE DATE: PURCHASE PRICE: OPEN SPACE ACREAGE: FUNDING: MISCELLANEOUS: 5145 Main Road, Laurel NOFO Associates (McFeely & Beirne) Closing took place 7/20/05 $2,900,000.00 per contract (this purchase was not based on a per acre figure) 30.785 acres CPF 2% Land Bank This property is listed on the Town's Community Preservation Project Plan and is also located within the Special Groundwater Protection Area. it is adjacent to, and in the vicinity of, over 500 acres of preserved land. In conjunction with the existing preserved land in the vicinity, this parcel will expand the existing passive recreational trail system surrounding Laurel Lake and has the potential for a nature preserve, stewardship and interpretive centedquarters. MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD July 21, 2005 George R. Sullivan, Receiver of Taxes Town of Southold 53095 Route 25 P.O. Box 1409 Southold, NY 11971-0499 Re: Notice of New Owner SCTM #1000-125.-1-14 Dear George: Please be advised that the Town of Southold purchased the property identified as SCTM #1000-125.-1-14 located at 5145 Main Road in Laurel for open space purposes on January 20, 2005. The property was formerly owned by NOFO Associates in care of John F. McFeely, and further identified on your bill #15837. All future real property tax bills should be forwarded directly to the Town of Southold Accounting Department for payment, at 53095 Route 25, P.O. Box 1179, Southold, NY 11971'0959, until such time as the property is declared exempt by the Town Assessors. Melissa Spiro Land Preservation Coordinator /md CCi Southold Town Assessors N E W S A R T I C L E Heath 15A Rea Estate .... 24A S~v ~e 0 rector 46A /and strfrom-M- }~eets lh0 eye. th lake s souIh shor~ and beyond it lie town agreed to purchase those 31 acres to p~esei ye one of tile last un-- developed parcels surrounding the lake. [e the last 15 years, 0vet 500 acres in ~he; Laurel LCk~ ar~a haVe b~en Preserved thtoug~ dount3c ~tate and S0fithold Town presefeafiOn cordhm to Melissa Spire, SouthSid ~own joimly pnrchased, lhe 70-acreAdamowicz prope"ar/y jr{st south of 5et nd Avenue The Suffolk County Water Auihorit~ also owns a 90-acre well tidal ~ast of the take 'Ibc tnwn plans ~o map aud mark ibc exishn0 14 miles of trails and incorporme them inlo Laurel Lake Park. o~m lot now [I advises pcopte to kern offthe pmpcny m]ti] il is read K r f ublic Hikes Park is visibtc !i-om Main Road. two baseball fields and a play- ground. The road to the take is left of Ibc ballfieMs. andit leads to a parking IcL From there, a sho~ walkir~trail makes 2straighl ~ath to d~e luke Lanrd Lake is a kettle hole, or a circatur water lake formed by the glaciers yem~ ago. It sits alop the undergrouno atlailkr that supplies all of Southold with its &'inking water and is homo ~o perch and trout. A New York State fish- ing license is required to fish in lhe lake and can be obtained at the 'lbwn Clerk's office At lhe edge of lbo lake. a well-worn palb to the nght leads up into what was once Camp Malloy7 which was operated by the Dioeese of Rockvi/le ('entre, Old ~%o u'cspussmg" and "No hunting" signs, d*- lapidated wooden shacks and patches oI concrete shonldn'I-be-here quality./-'allen trees outline the path to the first camp house Only' d~ree of the am- ted house's four sides remain, Graffiti and bnflJt holes decorate the yellowed wood-shingle siding. Well-worn dirt t~:ails cat through rnuc~ of the mrrain. Allhongh they are sandy at some points ~md completely covered by an ihch of dead leaves at od}ers, the7 can be managed by hikers of all lev- See tau[eel take page 11A Above: An old building frorn what was once LCaamp Mall£~, ,ocarea on urel Lake, righL Below: A sandy path down to the lake The Suffolk Times · August 11,2005 · '1 t,~. Laurel Lake ~.-From page lA els with a comfortable pair of sneak- ers. It's even easy to walk off the path and wander through the tall, leafy trees since there are few bushes or low shrubs. At intervals, thc paths are wide and fiat enough for one car and have man- made dirt bumps, reminding hikers that this is very much off-road racing country. For the most part, though, the narrow trails cut so deep that they look like abandoned slalom or bobsled tracks. Heading directly west, at least three paths branch out in different directions just after another old camp building. Along one of these are the remnants of paved roads that nature is slowly reclaiming. Eight-foot pine trees jut out from one slab of concrete, and among the cracks of another are the beginnings of another pine, still only six inches tall. The cement-lined trail passes though a shady plot of forest before opening up to a clearing of sunburnt long grass~ The path forks at a tall, rusted flagpole a third of the way into the clearing. Taking the left fork back into the forest cover, there is light, and it is easy to think that you have arrived at the edge of the lake. Instead, the forest drops down into an immense sea of sand. It is one big bowl of ftne, clean sand divided into three sections by patches of half covered trees and shrubs. Like a military-style food plate, one of the three sections is bigger than all the rest. ATV and dirt bike tracks cover every inch of the pit, giving the sand a rippling~ wind-swept desert feel. The sand, deposited by glacial melt, was once mined, though the practice is now illegal in Southold Town. Toward the northwest, another pit has formed a depression now filled by rainwater. Small tadpoles and fish swim in the dark brown waters. Beyond the second sand pit, there are more paths and more forest. It's easy to spend an entire after- noon following the many winding paths around Laurel Lake, and with the town planning to map and mark exisiting trails, it will soon be easier to get out of the woods before dark. PECONI CELEBRATING C LAMD VOL 17, N-° 2 FALL 2005 TRUST 22 YEARS OF LAND CONSERVATION Laurel Lake: A Watershed is Protected ( nnservation is rarely, if ever, a "quick fix." Piecing together the protection of individual parcels of land to assemble a large conservation area takes even longer. It requires patience, consistency, and tenacity, attributes long appreciated and practiced by the Peconic Land qknst. There is no better example of this than the cooperative efforts of thc Trust, Southold 'l~wn, Suflblk County, and the Suffnlk County Water Authority in the protection of land sur- ronndlng haure[ Lake, an area critical to Southold's drinking water snpply. Earlier this year, the last significant piece of the Laurel Lake puzzle, owned by Jack McFeely, was protected, hut the process started nlany years ago. l'rust Vice President Tim Caufield knows firstd'land how complicated an area-wide conservation effort can be and how critical it is to keep focused on the gnal. Owner Jack McFeely comments on Tim's tenacity, *~Looking through my files recently, I was sur- prised to come across Tim's first letter to it was dated 1991. That's how long it has taken ii)r the circumstances to be right, but 296 HAMPTON ROAD ] POST OFFICE BOX 1776 [ SOUTHAMPTON I NEW YORK 11969 6~1-28~-~195 www. peconiclandtrust.org we are all very pleased with the result." Indeed, those circurestances took a cir- cuitous route during the years nf Mr. McFeely's ownership. After purchasing the site in 1985 fi-om the Diocese of Rockville Centre, which had operated Carep Molloy for boys since 1928, he originally planned to develop the site. Also considered was the possibility of a sale to Snffolk County. Along the way, the McFeety family developed a special connection to the land. Mary McFeely has fond memories of the North Fork and the days when her brothers attended Canrp Molloy while she attended a girts' camp on the opposite side of the lake. "Over the years, we've learned to appreciate the beauty of this area. We often took friends and our children on walks through Camp Mol]oy it's still a won- derfu[ place, rreost of it undisturbed and very natm'al--we're glad that it will be lack ami Mar7 MCFeeI? protected frore development." The Peconic kand Trust was able to act quickly when the McFeely family was ready to sell the property. Working with Melissa Spiro, 'lbwn of Southold Land Preservation Coordinator, the 'f~'ust negotiated a I~air price for the land and irereediately went into contract with Jack McFeely. Soon afler, the Trust assigned the contract to Southold "lbwn and the acquisition of the 3I-acre wooded parcel was coreplet- ed. This site, purchased through the l'own's Coremunity Preservation Fund, brought the total preserved land surround- ing the Lake to reore than 500 acres. Melissa Spirt) corereents, "Laurel hake and the surrounding area have always been on the qbwn's radar screen. ]ts h)cation over a prime aquifer reakes it a high priority fbr conserwttion, and we are also interested in expanding recreational opportuni- ties for oar residents whenever possi- ble.'' In addition to hiking and boat- ing, hauret lake is a great place for fishing. A kettlebole that was formed more than I0,000 years ago, it is home to a diverse fish populatinn that includes Largemouth Bass, Chain Pickerel, Yellow Perch, Brown Bullhead, Srealhnouth Bass, Pumpkinseed, White Perch, Brown ')5'out, and Rainbow %out. Helen P, ichmond and Ruth Phaff at the Ibwn of Sonthold Infbrreation Center located next to Camp Mo[loy, have reet nlany fbrreer campers who were concerned about the furore of the site and stopped to inquire. These ti)r- reef carepers and others who have eujuyed haurel Lake will he happy to know that the protection of the McFeely property allows the future creation of an accessible trailhead and up to 14 miles of hiking trails between the Main and North Roads. Good news for everyone who appreciates the natural beauty of the North Fork, and to fitture generations that wilt be able to enjoy these resources! Protection of the land surronnding Laurel Lake may have taken fifteen years, but the process has resulted in sig ~ifican rewards for the comreunity (see relamd stat3' itt box). It could not have been accomplished without the long-term planning and cornreitreent of so many to protect this critical resource. ()ur heartfelt thanks fur all the hard work on the part of the McFeelys and other landowners, 'R~wn of Southold, Suffblk County, the Suflblk County Water Authority, the Trust's staff and Board, and you, our supporters, who have sustained our eflbrts over the years. Circa 1950s postcard depicting the Camp Molloy dock. Note the high water level compared with a current photo. (page 2) Caption on the reverse reads: Mattituck, Long island, Purchased frnm the Corchaug Indians in 1649, this beautijid village situated between Lon,g Island Sound and the Petxmic Bay oj~brs excellent bnating, bathing and fishing. ~lis is a view picturesque Laurel Lake as seen Camp Mollny. Come m Mattituck for a real vacation." [Peconi¢ km~d Trust Laurel Lake Land Status Map *~· 1 The Laurel Lake conservation area is the sum of many parts. Early efforts to protect the area from development included a designated New York State access area, the creation of a Town of Southold Park, and agricultural reserve areas that were the result of subdivision requirements. The Suftb/k County Water Au thority acquired 71 acres for use as a primary well site. A ntm~ bet of key prnjects l~rther increased protected acreage: 1992 - Peconic Land Trust brokered an agreement with the Resolution Trust Corporation (RTC) to preserve the bank- rupt San Andres Vineyard before it was put to auction. The ~IYust assisted Suftblk Cnunty in purchasing the development rights on 23 acres that later became the Lam-el Lake Vineyard. 1996 ~ Thornton Smith worked with the Trust on a limited development conservation plan, selling the development rights on a portion of his 80-acre property to the %wn of Southold, and giving the ~lYust a conservatkm easement on the property adding further restrictions along with the dona~ tion of an additional 13 acres that is now a Trust preserve. This effort reduced the allowable density h'om 34 to 6 resi- dential lots. 1999 The Trust negotiated protection of a critical parcel of 64 acres north of the Ladle by working with the owner, Joseph Macari, the Sufiblk County Water Authority (SCWA) and Suffolk Count)s In this like-kind exchange, SCWA gave Mr. Macari 11 acres on Bergen Avenue adjacent to his 1amd for the right to have a well site on his 64 acres, and the County pur- chased the Macari development rights on the remaining acreage. 1999 - With the assistance of the 7rust, the Town of Southold and Suffolk County protected an additional 55 acres throngh their purchase-or'development rights programs. 2003 The Trust worked with Suffolk County and Town to protect 69 acres in Mattituck that abuts already protected properties around Laurel Lake. Of the total, the Town of Southold purchased 10 acres and the County purchased 59 acres for drinking water protection and passive recreation. 2003 - The Trust assisted Suffolk County in purchasing 37+ acres of open space and woodland on Cormty P, oad 48 in Mattituck that has been the site of the annual Mattituck Strawberry Festival. Funding came from the County's Greenways Fund for active parkland. 2004 - The Town of Southold purchased the development rights on 8.5 acres of the Grippa horse farm, located across b'om the Strawberry Festival site, between Old Sound Avenue and CR 48. P R E S S R E L E A S E FOR IMMEDIATE RELEASE Contact: Marsha Kenny (631 ) 283 -3195 TOWN OF SOUTHOLD OPENS LAUREL LAKE PRESERVE Laurel, NY - On May 19, Town of Southold Supervisor Scott Russell presided over an official ribbon cutting to open the first section of the Town's Laurel Lake Preserve, located just east of the Town's Information Center on the Main Road in Laurel. The Preserve is the result of the protection of the largest remaining open space parcel in the Laurel Lake watershed, a 31-acre site previously known as Camp Molloy. Since the acquisition was completed last summer, the Town has been working with Peconic Land Trust to implement a management plan that provides for passive recreation opportunities and restoration of the site's natural areas. The protection of critical watershed surrounding Laurel Lake has been an extraordinary partnership effort that has included the Town of Southold, Suffolk County, Peconic Land Trust, the Suffolk County Water Authority, New York State, and individual landowners. According to Supervisor Russell, "Today, as we celebrate the opening of Laurel Lake Preserve and its tremendous recreational potential, we also anticipate more conservation successes that will protect our drinking water. We look forward to working with other landowners in the area to accomplish this important goal?' Tim Caufield, Vice President, Peconic Land Trust, concurs, "Over 15 years, much has been accomplished to protect the key aquifer at Laurel Lake, and this process continues to result in significant rewards for our communities." "Protecting and preserving areas such as Laurel Lake are significant environmentally, but also arc important to our economy and add greatly to the quality-of-life for which Suffolk County - and the East End in particular - are known," said Suffolk County Executive Steve Levy. "The Town of Southold's Laurel Lake Preserve will serve each of these purposes." The County Executive added that "Suffolk has acquired over 200 acres of open space around Laurel Lake, and is in the p~ocess of securing additional acreage along the western side of Laurel Lake." The Town of Southold is now working with the Suffolk County Parks Department, the Suffolk County Water Authority, and New York State Parks, Recreation and Historic Preservation to create several miles of trails that will enable hikers to enjoy the wide diversity of flora and fauna that are found in the Laurel Lake area. The Town is in the process of a developing a long range plan to create a stewardship, nature and education center at the Laurel Lake Preserve. For a jpeg or pdf of the Laurel Lake map, please email Dawn Haight at Peconic Land Trust, dhaight~peconiclandtrust.org National Trails Day Celebration at Laurel Lalfe Preserve Saturday, June 3, 10:00 a.m. Main Road, Laurel Join over one million people throughout the United States in celebrating National Trails Day! Now in its 14th year, this annual event is being recognized by the Town of Southold with a hike through the recently opened section of Laurel Lake Preserve. Participants will learn more about this valuable watershed area and the land surrounding it while strolling through the newly opened trail. Listen for signs of the varied wildlife that make these fields, woodlands and wetlands their home, and bring your binoculars! Master Naturalist Dave Lombardi will be on hand to answer questions and provide commentary on the sights and sounds of this beautiful place. Free admission. For more information, please call Denise Markut at (631) 734-5630. Laurel Lake Facts · Laurel Lake is a 30-acre freshwater kettle hole that was formed more than 10,000 years ago. The lake is over 45 feet deep. Each year, the NYSDEC stocks the lake with Brown and Rainbow Trout. In addition, the lake is home to a diverse fish population that includes Largemouth Bass, Chain Pickerel, Yellow Perch, Brown Bullhead Catfish and Sunfish. · The lake and its surrounding mature woodlands, grassland/shrublands, freshwater marshes a. nd vernal ponds support a wide range of flora and fauna. · Preserved land in the Laurel Lake area encompasses 480+ acres The trailhead is on a 31-acre site that was formerly known as Camp Molloy, owned and operated by the Diocese of Rockville Center from 1928 until the mid-1960s. The Town of Southold purchased the property in 2005, through the efforts of the Peconic Land Trust from Jack McFeely and partners. · The Laurel Lake area is listed, as significant, in the following: - The NYS DEC Open Space Plan - Long Island Pine Barrens Maritime Reserve - The Special Groundwater Protection Plan - The Suffolk County Drinking Water Protection Plan - The Southold Town Community Preservation Plan LAUREL LAKE PRESERVE Official Opening of Trials May 19, 2006 Scott Russell, SouthOld TOwn Supervisor - speaker Tim Caufield, Vice President of Peconic Land Trust - speaker Michael Deering~ Commissioner of Dept. of Environment & Energy - speaker Steve .1ones, Suffolk County Water Authority - speaker Ed Romaine, Suffolk Co Legislator - speaker Ribbon Cutting (from left to right) 3ira McMahon, Southold Town Director of Public Works Ed Romaine, Suffolk County Legislator Tom Wickham, Southold Town Councilman Dan Ross, Southold Town Councilman Bill Edwards~ Southold Town Councilman Tim Caufield, Peconic Land Trust Steve 3ones, Suffolk County Water Authority Scott A. Russell, Southold Town Supervisor Michael Deering, Commission of Dept. of Environment & Energy Mary & 3ack McFeely, former property owners Melissa Spiro, Southold Town Land Preservation Coordinator Ed Romaine and IVlelissa Spiro View facing northerly from inside pavilion View facing southeasterly from inside pavilion View facing northwesterly towards pavilion expands Trails surrounding Laurel Lake Preserve now open By Elleen Duffy The drippy weather kept every- one from being the first to hike the new trails, but under the shelter of a former open air chapel, a new parcel surrounding Laurel Lake was added to the town's open space. The 31-acre parcel sold to the Pe- conic Land Trust by Jack and Mary McFeely added a piece to the quilt of other tracts of laud surrounding the lake that have been preserved by the town, the county, Suffolk County Wa- ter Authority and PLT. "This is when government is fun," said Michael Deering, Suffolk Coun- ty's director of environmental af- fairs. He was joined at the podium by Southold Town Supervisor Scott Russell, water authority CEO Steve Jones, County Legislator Ed Ro- maine and Tim Caufield, vice presi- dent of PLT. A body of fresh water, Laurel Lake is part of the aquifer that provides water to Southold. The preserved land around the lake now equals 480 acres and is home to xvildlife as well as being a stopover for migrat- ing birds. The lake, which is open to the public for fishing, contains a vari- ety of freshwater fish including trout stocked by the DEC, largemouth bass and perch. New trails surrounding the lake start on the McFeely property, which was once Camp Malloy, a boys' camp owned and operated by the Dio- cese of Rockville Centre from 1928 through the 1960s. The McFeelys purchased the land in 1985 with the intention of farming, but never broke ground. "I helped keep it safe for the next owner," said Mr. McFeely. "it's gratifying to know that 40 years from now my daughter will be able to walk here," said Mr. Russell. The new trails will be a highlight of National Trails Day on June 3. At 10 a.m. a hike will be led by master naturalist Dave Lombardi through the newly opened land. Admission is free and binoculars are recommend- ed. For more information call Denise Markut of PLT at 734-5630. More trails are coming Southotd To the Editor: We appreciate your May 25 cover- age of the Town of Southold~s official opening of the_newest section of pre- served land at Laurel~Lake. We would like to add a couple of comments to better inform the public before they visit the preserve. While the Town of Southold is working with the Suf- folk County Parks Department. the Suffolk-County Water Authority and N.Y.-state Parks. Recreation and His- toric Preservation to create several miles of trails, only one new trail is open to the public. An existing trail -- the NYS DEC/Town of Southold fishing access is to the west of the Information Booth on Main Road. The new trail begins at the kiosk and goes to the lake and back. Since there is still privately owned land around the lake. we urge hikers to stay on the opened trail only and to respect the privacy of other landowners in the area. The town will inform residents as additional trails and links between trails are created. One other point of clarification: Pe- conic Land Trust did not purchase the 31 acres from Jack and Mary McFeely. The Trust negotiated and entered into a contract, and later assigned the con- tract to the Town of Southold. It was the town's purchase that preserved the site. Thank you again for alerting resi- dents to the extraordinary natural resources of Laurel Lake and encour- · aging them to join the Town Of South- old, Peconic Land Trust and naturalist Dave Lombardi at 10 a.m. on June 3 for a free hike on the newly opened trail. Melissa Spiro, land preservation coor- dinator, Town of Southold Timothy Caufield, vice~president, Peconic Land Trust A E R I A L S S U R V E Y KEY MAP SCALE 1"=600' NOTE: 1. SURVEY OF PROPERTY SITUA TED A T LAUREL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-125-01-14 SCALE 1"--100' JUNE 26, 2002 TOTAL AREA = 1,.540,985.98 sq. Et, (TO TiE LINE) 30,785 ELEVATIONS SHOWN ARE SCALED FROM TOPOGRAPHICAL MAP OF FIVE ~ASTERN TOWNS. EXISTING ELEVATIONS ARE SHOWN THUS:~© EXISTING CONTOUR LINES ARE SHOWN THUS: - so -~ dUL -7~ ~ ~ ~-~ DEPT OF LAND PRESERVADO~ FINAL SURVEY CERTIFIED TO: PECONIC LAND TRUST TOWN OF SOUTHOLD STEWART TITLE iNSURANCE COMPANY /o ,cC,x)+ ~r~_, ~,, ~ 4, 4' 34 3 ~ 26~ THE EXISTENCE OF R~GHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED, Joseph A. Ingegno Land Surveyor PHONE (631)727-2090 OFFICES LOCATED AT 322 ROANOKE AVENUE RIVERHEAD, Ne~ York Fax (631)727 1727 25-229 A E R I A L M A P Tow of $outho]d u e] Lake Area