HomeMy WebLinkAboutRuland, William P (3)
GREGORY F. YAKABOSKI
TOWN ATTORNEY
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JEAN W. COCHRAN
Supervisor
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Town Hal!, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Telephone (516) 765-1889
Fax (516) 765-1823
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
FROM:
ELIZABETH A. NEVILLE, TOWN CLERK
GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY
MARY C. WILSON, ASSISTANT TOWN ATTORNEY
TO:
DATE:
JUNE 21, 1999
Attached for filing, please find the following documents:
1) The original recorded Deed of Development Rights purchased from William Ruland;
SCTM#1 000-1 07-11-01 0, 1000-115-02-003 and 1000-115-02-002.001 and the Town's Title
Policy issued by Commonwealth, Title Policy No. 70983208. These are the only copies.
2) The original recorded Deed of Development Rights purchased from the Estate of
Sophie Kaloski; SCTM#1 000-1 09-01.00-024.001 and 1000-102-04.00-006.001 and the
Town's Title Policy issued by Commonwealth, Title Policy No. 70983209. These are the
only copies.
3) The original recorded Deed of Development Rights purchased from Raphael Vineyards;
SCTM#1000-085.00-03.00-011.002. When we receive the final Title Report it will be
forwarded to your office. No copies have been kept in our office.
GFY:ck
Att.
cc: Supv. Cochran & Town Board
Land Preservation Committee
Melissa Spiro
John Cushman
John Sepenoski
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DEED OF DEVELOPMENT RIGHTS
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THIS INDENTURE, made this 5th day of February, 1999
BETWEEN Frances Zelinski, As Executrix of the Estate of Sophie Kaloski, 0\ LlC\ _
2Df' ie ~\ c:f::L..I
deceased, residing at 695 Alvahs Lane, Cutchogue, New York party of the
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first part,
AND the TOWN OF SOUTHOLD, a municipal corporation having its office
and principal place of business at Main Road, Town of Southold, County of
Suffolk and State of New York, party of the second part;
WITNESSETH, that the party of the first part, in consideration of Five
Hundred Seventeen Thousand Two Hundred Seventy Five Dollars and No Cents
($517,275.00) lawful money of the United States and other good and valuable
consideration paid by the party of the second part,
DOES HEREBY GRANT AND RELEASE unto the party of the second
part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by
which is meant:
the permanent legal interest and right, as authorized by section 247 of
the New York State General Municipal Law, as amended, to permit,
require or restrict the use of the premises exclusively for agricultural
production as that term is presently defined in Chapter 25 of the Town
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Code of the Town of Southold, and the right to prohibit or restrict the use
of the premises for any purpose other than its present state of use,
agricultural production.
to the property described as follows:
ALL that certain plot, piece or parcel of land, situate, lying and being in
the Town of Southold, County of Suffolk and State of New York, bounded and
described as follows:
13e7t!G o.~d :r~;om -h, be -\k. SlMe.
1"f1Mrt'~ As d~ ;,.; 1:;r.'BER /'1oLf ~. &h
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File No. 70983209
SCHEDULE A
PARCEL I
ALl- thllt certllin plot, piece or parcel of land, situate, lying and being of Cutchogue, in the Town of Southold, County of
SUFFOLK and State of New York:
BEGINNING at a point on the southeasterlY side of land now or formerly of Oroscoskl, Cassidy and Vallenti;
RUNNING THENCE along the westerly side of Alvah's Lane south 47 degrees 02 minutes 58 seconds East, 1824.66
feet;
RUNNING THENCE south 08 degrees 37 minutes 27 seconds East, 204.21 feet;
RUNNING THENCE south 44 degrees 45 minutes 21 seconds west, 217.35 feet;
tl3 2.7 1</
RUNNING THENCE north .ta'degreesZmlnlJtl!sZ seconds East, 410.61 feet;
1Jt. 37 "2../
RUNNING THENCE southM degrees~ mlnutes-M-seconds East, 91.24 feet;
RUNNING THENCE south 43 degrees 22 minutes 39 seconds East, 226.65 feet to land now or formerly of Doris Tynlec
and Michael Capuano;
RUNNING THENCE along said lands south 44 degrees 45 minutes 21 seconds West, 82.73 feet;
RUNNING THENCE along said lands and lands now or formerly Eugenia 5. Kopustka south 40 degrees 54 minutes 10
seconds East 271,50 feet to lands now or formerly of Petrol Stations Umited;
RUNNING THENCE II10ng said lands south 47 degrees 48 mInutes 31 seconds West, 360.84 feet to lands now or
formerly of Gristina Vineyard's, LLC;
R.UNNING THENCE along said lands three (3) courses and distances:
(1) North 45 degrees 23 minutes 17 seconds West, 888,23 feet;
(2) North 44 degrees 41 minutes 37 seconds West 836.26 feet;
(3) North 47 degrees 00 minut~7 seconds West, 506.88 feet to lands now or formerly of
Paulette Satur Mueller, Eberhard Mueller and the County of SUffolk;
RUNNING THENCE along said lands now or formerly the followlng two (2) courses and distances:
(1) North 43 degrees 25 minutes 20 seconds East, 329,27 feet;
(2) North 42 degrees 24 minutes 08 seconds West, 452,86 feet to land now or formerly
Oroscoskl, Cassidy and VelJfnt first above mentioned;
RUNNING THENCE along lands ~Orth 32 degrees 41 minutes 54 seconds East, 343,75 feet to the westerly side of
Alvah's Lane at the point or place of BEGINNING. '
Date Printed February 5, 1999
FEB. 5.1999 12:~3PM
NO.810
P.4/5
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File 1110. 70983209
PARCEL II
AlL that certain plot, piece or parcel of land situate, lying, and being at Cutc:hogue in the Town of Southold, County of
Sufl'olk and State of New York:
BEGINNING lit a point on the easterly side of Alvah's Lane distant northerly 1175 feet more or less as measured II10ng
same from the Intersectfon of the easterly side of Alvah's Lane with the northerly side of Main Road; said point also
being the northerly line of land now or formerly of Chester and Irene Sawastynowicz;
RUNNING THENCE II10ng the easterly side of Alvah's Lane the following two (2) courses and distances:
(1) North 43.degrees 27 minutes 14 seconds West, 620.63 feet;
SJ..
(2) North 47 degrees 02 minutes sa seconds 4.a feet to land now or formerly Edward R,
Grohoski ;
I 05
RUNNING THENCE' north 43 degrees..2'f minutes 13 seconds East, 150,00 feet;
RUNNING THENCE north 47 degrees 02 minutes 58 seconds West:, 100.00 feet to lands now or formerly .of William J.
Kerrigan; .
RUNNING THENCE along said lands'" n.orth 43 degrees 05 minutes 13 Seconds East, 277.60 feet;
v
RUNNING THENCE north 47 degrees 11 minutes '2.7 seconds West, 236,26 feet to lands now orfomlerly of Franklin
Blachy and Malcolm Blachy;
RUNNING THENCE along said lands (north 08 degrees 04 minutes 53 seconds East; 394.88 feet to lands shown an the
Map of Highland Estates, Map No. 6537;
/\
RUNNING THE~~E along said lands south 48 degrees 27 minutes 00 secoriXast, 439.27 feet to lands shown on the
-Map .of Crown Jand LaneM, Map No. 6289; .
RUNNING THENCE along said lands: south 47 degrees 26 minutes 10 seconds East, 1415,7B feet;
RUNNING THENCer;cluth 46 degree: 12 minutes 00 seco~est 348.55 feet to lands now .or formerly Michael R.
Crosser and Diane ~ym Crosser;
RUNNING THENCE along said lands and lands now or folTllerly of Jllmes R, Duffy and Unda A, DUft'y(9brth 43 degrees
18 minutes 10 seconds West, 274.24 feet; . "
RUNNING THENciJuth 46 d~grees 44 minutes 00 sect~~~.st:, 303,60 feet;
V
RUNNING THENCE north 43 degrees 18 minutes 10 seconds West, 334.04 feet;
'u'
RUNNING THENCE'south 49 degrees 35 minutes SO seconds West, 200.36 feet to the easterly side of Alvah's Lane at
thll point or place of BEGINNING. .
For conveyanCIng .only, if
Inb!tlded 10 be conveyed.
{Together with aU right, title and Interest of, In and to any streets and roads
abutting the above described premises, to the center line thereof.
D.t. Printed February 5, 1999
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TOGETHER with the non-exclusive right, if any, of the party of the first
part as to the use for ingress and egress of any streets and roads abutting the
above described premises to the center lines thereof.
TOGETHER with the appurtenances and all the estate and rights of the
party of the first part in and to said premises, insofar as the rights granted
hereunder are concerned.
TO HAVE AND TO HOLD the said Development Rights in the premises
herein granted unto the party of the second part, its successors and assigns,
forever;
AND the party of the first part covenants that the party of the first part has
not done or suffered anything whereby the said premises have been
encumbered in any way whatever, except as aforesaid. The party of the first
part, as a covenant running with the land in perpetuity, further covenants and
agrees for the party of the first part, and the heirs, legal representatives,
successors and assigns of the party of the first part, to use the premises on and
after the date of this instrument solely for the purpose of agricultural production.
The party of the first part, as a covenant running with the land in
perpetuity, further covenants and agrees for the party of the first part, and the
heirs, legal representatives, successors and assigns of the party of the first part,
that the parcels of real property described herein are open agricultural lands
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actually used in bona fide agricultural production as defined in General
Municipal Law section 247.
AND the party of the first part, covenants in all aspects to comply with
Section 13 of the Lien Law, as same applies with said conveyance.
The definition of "Agricultural Production: as defined in Section 25-30 of
Chapter 25 of the Southold Town Code is as follows:
" Agricultural Production- shall mean the production for
commercial purposes of crops, livestock and livestock products, but not
land or portions thereof used for processing or retail merchandising of
such crops, livestock or livestock products. Land used in "agricultural
production" shall also include fences, equipment storage buildings,
livestock barns, irrigation systems, and any other structures used
exclusively for agricultural purposes."
THE party of the first part and the party of the second part do hereby
convenant and agree in perpetuity that either of them or their respective heirs,
successors, legal representatives or assigns, shall only use the premises on and
after this date for the purpose of such agricultural production and the grantor
covenants and agrees that the underlying fee title may not be subdivided into
plots by the filing of a subdivision map pursuant to Sections 265, 276 and 277 of
'-. ..
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the Town Law and Section 335 of the Real Property Law, or any of such sections
of the Town or Real Property Law or any laws replacing or in furtherance of
them. The underlying fee may be divided by conveyance of parts thereof to heirs
and next of kin, by will or by operation of law, or with the written recordable
consent of the Purchaser. This covenant shall run with the land in perpetuity.
Nothing contained herein shall prohibit the sale of the underlying fee or any
portion thereof.
THE word "party" shall be construed as if it reads "parties" whenever the
sense of this indenture so requires.
THE party of the first part, the heirs, legal representatives, successors
and assigns of the party of the first part covenants and agrees that it will (a) not
generate, store or dispose of hazardous substances on the premises, nor allow
others to do so; (b) comply with all of the Environmental Laws; allow party of the
second part and its agents reasonable access to the premises for purposes of
ascertaining site conditions and for inspection of the premises for compliance
with this agreement. This covenant shall run with the land in perpetuity.
THE party of the first part, its heirs, legal representatives, successors
and assigns of the party of the first part covenants and agrees that it shall
indemnify and hold party of the second part and any of its officers, agents,
employees, and, their respective successors and assigns, harmless from and
.. .
.
against any and all damages, claims, losses, liabilities and expenses, including,
without limitation, responsibility for legal, consulting, engineering and other costs
and expenses which may arise out of (1) any inaccuracy or misrepresentation in
any representation or warranty made by seller in this agreement; (2) the breach
or non-performance of any convenants required by this agreement to be
performed by the party of the first part, either prior to or subsequent to the
closing of title herein; or (3) any action, suit, claim, or proceeding seeking money
damages, injunctive relief, remedial action, or other remedy by reason of a
violation or non-compliance with any environmental law; or the disposal,
discharge or release of solid wastes, pollutants or hazardous substances; or
exposure to any chemical substances, noises or vibrations to the extent they
arise from the ownership, operation, and/or condition of the premises prior to or
subsequent to the execution of the deed of Development Rights. This covenant
shall run with the land in perpetuity.
AS set forth in Chapter 25 of the Town Code of the Town of Southold
DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of
that chapter 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 this subsection
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.
IN WITNESS WHEREOF, the party of the first part has duly executed this
deed the day and year first written above.
Seller:
Estate of Sophie Kaloski
By: ::::-~ ___ ~~.
Frances Zelinski, ~ xecutrix
Purchaser:
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10
28626
. oAIaiYED
fI!AL ESTATE
FEe 18 1999
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RlfOOROEe"
11946rc075
II
99FE818 AH 8: 57
Number of pages
Serial #
l'fWIilFIR TAX
iIUflI<<K
eouNIY
28626
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l Mj\~_ ,. l., .Hlht.
CL[,:,~ u;: .
SUF"IiL" rn'!!'ITY
I ~_ .. \.........:.JI'
TORRENS
Cenificate #
Prior Clf. #
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
FEES
Recording / Filing Stamps
4
Handling
33.~
C).~
5.-==-
Mortgage Amt.
Page / Filing Fee
1. Basic Tax
TP-584
2. Additional Tax
Notation
Sub Total
EA-5217 (County)
5 -/
()C) .~
J~-
Sub Total
l-(9.~
Reg. Copy
Sub Total
53.~
U:)I
R
Spec.! Assit.
or
Spec. / Add.
TOT. MTG. TAX
Dual Town _ Dual County _
Held for Apportionment _
Transfer Tax 6 .-=-
Mansion Tax '_
The property covered by this mortgage is or
will be improved by a one or two family
dwelling only.
YES or NO
If NO, see appropriate tax clause on page #
of this instrument.
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed.
5.~
Affidavit
Certified Copy
Other
GRAND TOTAL
Real Property Tax Service Agency Verification
6
Title Company Information
Dist.
Section
Block
Lot
(""'''''ld1?Wh2//-J. LI0uI "fill'?.
Company Name
7tl9S32t7i
Title Number
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FEE PAID BY:
Commonwealth Land Cash Check ~ Charge
Title Insurance Company (' Payer s~2~~~~2 f
1777 - 6 Veterans Memorial Highway NAME: ornmtr'r1.W 111 ~ 1/fte...
Islandia, New York 11722ADDRESS:/777-b I/tferM5fl2Rm,!A,
RECORD & RETURN TO --:J: > 11t-Jr A / N'j / /7 2 2-
(ADDRESS) -
Suffolk County Recording & Endorsement Page'
This page forms part of the attached ~ f I'
(SP CIFY TYPE OF INS UMENT)
F y- M t.-e C, 2 ell h .s Ie ;' , U~ ~ u. 1iJ' x The premises herein is situated in
of E-sf~ /7F ~;D/"le k'ttksk/1>UFFOLK COUNTY, NEW YORK.
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In the Township of !; odl-.o / ,/
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9
made by:
/OWYloF
TO
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In the VILLAGE
or HAMLET of
BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
12-G104..2195Mcs
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COMMONWEALTH LAND TITLE INSURANCE COMPANY
1777-6 Veterans Memorial Hwy.
. Islandia, NY 11722
Phone: 516-232-3503 Fax: 516-232-3617
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Commonwealth
._-
May 21, 1999
TOWN OF SOUTH OLD
OFFICEOF THE TOWN ATTORNEY
MAIN ROAD
SOUTHOLD, NY 11971
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TOV/N ATTCJrihJ[Y'-' ....:2r.;.~~,':
lO\'V,~ OF SOU-'''I.'~;: :c.,'v-
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ATTN: GREGORY F, YAKABOSKI
Re: Title No. 70983209
Premises:
District:
County:
, NY
1000 Section:
SUFFOLK
109.00 Block: 01.00 Lot:
024.001
Premises:
District :
County:
, NY
1000 Section:
SUFFOLK
102.00 Block: 04.00 Lot:
006.001
Dear Mr. Yakaboski:
Enclosed please find your client's deed of development rights policy and original recorded deed, Since title
insurance rates allow substantial discounts on future title transactions such as refinances, we ask that the
homeowners safeguard the enclosed items.
We appreciate your choosing Commonwealth Land Title and iook forward to serving your future title needs.
Very truly yours,
COMM?EN E~LTH LAND ~~~EI~URANCE COMPANY
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?0n~'~ ~jt>v '-C,
Vincent Sette
VICE PRESENT AND BRANCH MANAGER
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AS a:mssI
1. DEFINITION OF TERMS.
\..-VI"'1.'111\..1J"'':' 1\.1,",1.' ~JJ'--ULf\.I.VI"'~
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and. subject to any
rights 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
as distinguished from purchase including, but not limited to, heirs.
dislributees. devisees. survivors, personal representatives, next of kin, or
corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(e) "knowledge" or "known": actual knowledge. not constructive
knowledge or notice which may be imputed to an insured by reason of the
public records as defined in this policy or any other records which impart
constructive notice of matters affecting the land.
(d) "land": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property. The
term "land" does not include any property beyond the lines of the area
described or referred to in Schedule A, nor any right, title. interest. estale
or easement in abutting streets. roads, avenues. alleys. lanes. ways. or
waterways, but nothing herein shall modify or limit the extent to which a
right of access to and from the land is insured by this policy.
(e) "mortgage"; mortgage, deed of trust. trust deed. or other secunty
Instrument.
(f) "public records": records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relatlng
to real properly to purchasers for value and without knowledge. With
respect to Section I(a) (iv) of the Exclusions From Coverage. "public
records" shall also include environmental protection liens filed in the
records of the clerk of the United States district court for the district in
which the land is located.
(g) "unmarketability of the title": an alleged or apparent matter affecting
the title to the land, not excluded or excepted from coverage. which would
entitle a purchaser of the estate or interest described in Schedule A to be
released from the obligation to purchase by virtue of a contractual
condition requiring the delivery 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 in
favor 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 mone~
mortgage given by a purchaser from the insured. or only so long as the
insured shall have liability by reason of covenants of warranty made by the
insured in any transfer or conveyance of the estate or interest. This poliq
shall not continue in force in favor of any purchaser from the insured of
either (i) an estate or interest in the land. or (ii) an indebtedness secured by
a purchase money mortgage given to the insured
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in SectIon 4(a) below, (ill in case knowledge shall
come to an insured hereunder of any claim of title or interest which is
adverse to the title to the estate or interest. as insured. and which might
cause loss or damage for which the Company may be liable by virtue l)f
this policy, or (iii) if title to the estate or interest. as insured. is rejected as
unmarketable. If prompt notice shall not be given to the Company. then as
to the insured all liability of the Company shall terminate with regard to
the matter or matters for which prompt notice is required; provided.
however, that failure to notify the Company shall in no case prejudice the
rights of any insured under this policy unless the Company shall be
prejudiced by the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF
INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulations. the Company.
at its own cost and without unreasonable delay, shall provide for the
defense of an insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, but only as to those stated causes
of action alleging a defect. lien or encumbrance or other matter insured
against by this policy. The Company shall have the right to select counsel
of its choice (subject to the right of the insured to object for reasonable
cause) to represent the insured as to those stated causes of action and shall
not be liable for and will not pay the fees of any other counsel. The
~ompany will not pay any fees, costs or expenses incurred by the insured
In the defense of those causes of action which allege matters not insured
against by this policy.
(b) The Company shall have the right. at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its
opinion may be 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.
The Company may take any appropriate action under the terms of this
policy, whether or not it shall be liable hereunder. and shall not therebv
concede liability or waive any provision of this policy. If the Compan)'
shall exercise its rights under this paragraph, it shall do so diligently.
. .'
(c) Whenever the Company shall have brought an aclion or interposed a
defense as required or permitted by the provisions of this policy. the
Company may pursue any litigation to final determination by a COlMt of .
competent jurisdiction and ex.pressly reserves 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. Ihe
insured shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding, and all appeals therein. and permit the
Company to use, at its option. the. name 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. prosecutmg or
defending the action or proceeding. or effecting settlement. and (ii) in any
other 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 insured 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 matter or matters requiring such
cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations 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 after the insured claimant shall
ascertain the facts giving rise to the loss or damage. The proof of loss or
damage shall describe the defect in. or lien or encumbrance on the title. or
other matter insured against by this policy which constitutes the basis of
loss or damage and shall state. to the extent possible. the basis of
calculating 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 or obligation to defend. prose(.:ute. or
continue any litigation. WIth regard to the matter or matters 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 shali produce for examination. inspection and copying. at
such reasonable times and places as may be designated by any authorized
representative of the Company. all records. books. ledgers. checks.
correspondence and memoranda. whether bearing a date before or after
Date of Policy. which reasonably pertain to Ihe loss or damage. Further. if
requested by any authorized representative of the Company. the insured
claimant shall grant its permission. in wriling. for any authorized
representative of the Company to examine. inspect and copy all records.
books. 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 as confidential by the insured claimant provided
to the Company pursuant to this Section shall not be disclosed to others
unless. in the reasonable judgement 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 necessary information from third
parties as required in this paragraph shall terminate any liability of the
Company under this policy as to that c1alln,
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options:
(alTo Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance under
this policy together with any costs. attorneys' fees and expenses incurred by
the insured claimant. v,'hich were authorized by the Company. up to the
time of paymant or tender of payment and which the Company is obliga.
ted to pay.
Upon the exercise by the Company of this option. all liability and
obligations to the insured under this policy. other than to make the
payment required. shall terminate. including any liabiliiy or obligation to
defend. prosecute. or continue any litigation. and the policy shall be
surrendered to the Company for cancellation,
(b) To Payor Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to payor otherwise settle with other parties for or in the name
of an insured claimant any claim insured against under this policy. logether
with any costs. attorneys' fees and expenses incurred by the insured
claimant which were authorized by the Company up to time of payment
and which the Company is obligated to pay; or
(ii) to payor otherwise settle with the insured claimant the loss or
damage provided for under this policy, together 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 10 pay.
Upon the exercise by the Company of either of the options provided for
in paragraphs (b)(i) or (ii), the Company's obligations 10 the insured under
this policy for the claimed loss or damage. olher than the payments
required to be made, shall terminate. including any liability or obligation 10
defend. prosecute or continue any litigation.
81190.1
Conditions and Stipulations Continued Inside Cover
,""........-rn......, .,......
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'. .
. 0 Commo~~~
SCHEDULE A
Amount of Insurance: $512,275.00
Policy/File No.: 70983209
Date of Policy: 02/05/99
1. Name of Insured:
TOWN OF SOUTHOLD
2. The estate or interest in the land described in this Schedule and which is
encumbered by the insured mortgage is:
Development Rights
3. Title to the estate or interest in the land is vested in:
Deed made by FRANCES ZELINSKI, As Executrix of the Estate of sophie Kaloski, a/k/a
Sofie Kaloski to the INSURED dated 02/05/99 and recorded 02/18/99 in Liber 11946 Page
75 In the Office of the Clerk of the County of Suffolk.
4. The land referred to in this policy is described on the annexed schedule.
~'
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Countersigned:
Authorized Officer or Agent
ALTA Owner's Policy
'. ..
Policy/File No. 70983209
,
SCHEDULE A
PARCEL I
ALL that certain plot, piece or parcel of land, situate, lying and being of Cutchogue, in the Town of
Southold, County of SUFFOLK and State of New York:
BEGINNING at a point on the southeasterly side of land now or formerly of Droscoski, Cassidy and
Valienti;
RUNNING THENCE along the westerly side of Alvah's Lane south 47 degrees 02 minutes 58 seconds East,
1824.66 feet;
RUNNING THENCE south 08 degrees 37 minutes 27 seconds East, 204.21 feet;
RUNNING THENCE south 44 degrees 45 minutes 21 seconds West, 217.35 feet;
RUNNING THENCE north 43 degrees 27 minutes 14 seconds East, 410.61 feet;
RUNNING THENCE south 46 degrees 37 minutes 21 seconds East, 91.24 feet;
RUNNING THENCE south 43 degrees 22 minutes 39 seconds East, 226.65 feet to land now or formerly of
Doris Tynlec and Michael Capuano;
RUNNING THENCE along said lands south 44 degrees 45 minutes 21 seconds West, 82.73 feet;
RUNNING THENCE along said lands and lands now or formerly Eugenia B. Kopustka south 40 degrees 54
minutes 10 seconds East 271.50 feet to lands now or formerly of Petrol Stations Limited;
RUNNING THENCE along said lands south 47 degrees 48 minutes 31 seconds West, 360.84 feet to lands
now or formerly of Gristina Vineyard's, LLC;
RUNNING THENCE along said lands three (3) courses and distances:
(1) North 45 degrees 23 minutes 17 seconds West, 888.23 feet;
(2) North 44 degrees 41 minutes 37 seconds West, 836.26 feet;
(3) North 47 degrees 00 minute 37 seconds West, 506.88 feet to lands now or formerly of
Paulette Satur Mueller, Eberhard Mueller and the County of Suffolk;
RUNNING THENCE along said lands now or formerly the following two (2) courses and distances:
(1) North 43 degrees 25 minutes 20 seconds East, 329.27 feet;
(2) North 42 degrees 24 minutes 08 seconds West, 452.86 feet to land now or formerly
Droscos~IJ<;:assidy and Valient first above mentioned;
RUNNING THENCE along lands nort;32 degrees 41 minutes 54 seconds East, 343.75 feet to the westerly
side of Alvah's Lane at the point or place of BEGINNING.
PARCEL II
ALTA Owner's Policy
Schedule A - Description
~"
Policy/File No: 70983209
,
ALL that certain plot, piece or parcel of land situate, lying, and being at Cutchogue in the Town of
Southold, County of Suffolk and State of New York:
BEGINNING at a point on the easterly side of Alvah's Lane distant northerly 1175 feet more or less as
measured along same from the intersection of the easterly side of Alvah's Lane with the northerly side of
Main Road; said point also being the northerly line of land now or formerly of Chester and Irene
Sawastynowicz;
RUNNING THENCE along the easterly side of Alvah's Lane the following two (2) courses and distances:
(1) North 43 degrees 27 minutes 14 seconds West, 620.63 feet;
(2) North 47 degrees 02 minutes 58 seconds 4.52 feet to land now or formerly Edward R.
Grohoski;
RUNNING THENCE north 43 degrees 05 minutes 13 seconds East, 150.00 feet;
RUNNING THENCE north 47 degrees 02 minutes 58 seconds West, 100.00 feet to lands now or formerly of
William J. Kerrigan;
RUNNING THENCE along said lands north 43 degrees 05 minutes 13 seconds East, 277.60 feet;
RUNNING THENCE north 47 degrees 11 minutes 27 seconds West, 236.26 feet to lands now or formerly of
Franklin Blachy and Malcolm Blachy;
RUNNING THENCE along said lands north 08 degrees 04 minutes 53 seconds East, 394.88 feet to lands
shown on the Map of Highland Estates, Map No. 6537;
RUNNING THENCE along said, lands south 48 degrees 27 minutes 00 second East, 439.27 feet to lands
shown on the "Map of Crown land Lane", Map No. 6289;
RUNNING THENCE along said lands south 47 degrees 26 minutes 10 seconds East, 1415.78 feet;
RUNNING THENCE south 46 degrees 12 minutes 00 second West 348.55 feet to lands now or formerly
Michael R. Crosser and Diane Sym Crosser;
RUNNING THENCE along said lands and lands now or formerly of James R. Duffy and Linda A. Duffy north
43 degrees 18 minutes 10 seconds West, 274.24 feet;
,
RUNNING THENCE south 46 degrees 44 minutes 00 second West, 303.60 feet;
RUNNING THENCE north 43 degrees 18 minutes 10 seconds West, 334.04 feet;
RUNNING THENCE south 49 degrees 35 minutes 50 seconds West, 200.36 feet to the easterly side of
Alvah's Lane at the point or place of BEGINNING.
ALTA Owner's Policy
Schedule A - Description
Date Printed May 21, 1999
. \ ..
Policy/File No. 70983209
SCHEDULE B
Exceptions from Coverage
This policy does not insure against loss or damage (and the Company will not pay costs,
attorneys' fees or expenses) which arise by reason of the following:
1. The assessed valuation on the premises herein is listed as partially exempt for taxation at the
present time, but will be subject to the discontinuance of such exemption and the imposition of an
additional tax as of the date of death, transfer of title, or possession from the exempt owner.
2. Survey made by John C. Ehlers, Land Surveyor dated 1/14/99 coverin9 premises and more shows
vacant land;
As to Parcel I:
(a) Trails or roadways traverse the premises.
As to Parcel 11:
(a) Concrete pump house
(b) Trails or roadways traverse the premises.
3. Subject to easement rights of others than the insured in, to and over the trails or roadways as
shown on the survey used herein.
4. Unpaid water charges, to date, if any.
5. Subject to Second Half 1998/99 Town and School Taxes.
ALTA Owner's Policy
Schedule B
. ~ ..
LUNUIIIUi":-' AM) ~ IIPULAlllJN~
(Continued)
.,. DETEAMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary Joss nr
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.
(a) The liability of the Company under this policy shaH not exceed the
least of:
(i) the Amount of Insurance staled in Schedule A: or,
(ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schedule A at (he
Dale of Policy is less than 80 percent of the value of the insured estate or
interest or the full consideration paid for the land, whichever is less, or if
subsequent to the Date of Policy an improvement is erected on the land
which increascs the \'alue of Ihe insured estate or interest by at least 20
percent over the Amount of Insurance stated in Schedule A, then this
Policy is subject to the following:
(i) where no subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion thai
the amount of insurance at Dale of Policy bears to the lotal value' of the
insured estate or interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that
120 percent of the Amount of Insurance stated in Schedule A bears to the
sum 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 loss which exceeds, in the aggregate, 10
percent of the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting one or
more of the parcels but not all. the loss shall be computed and settled on a
pro rata basis as if the amount of insurance under this policy 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 upon as to each parcel
by the Company and the insured at the time of the issuance of this policy
and shown by an express statement or by an cndorsement attached to this
policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect.
lien or encumbrance. or cures the lack of a right of access to or from the
land. or cures the claim of unmarketability of title, all as insured. in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss
or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability for
loss or dama~e until there has been a final determination by a court of
competent jUrisdiction. and disposition of all appeals therefrom, adverse to
the title as insured.
(c) The Company shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or suit
without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY.
All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of the insurance pro
tanto.
11. UABIUTY NONCUMULATIVE
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy
insuring a mortgage to which exception is taken in Schedule B or to which
the insured has agreed, assumed, or taken subject, or which is hereafter
executed by an insured and which is a charge or lien on the estate or interest
described or referred to in Schedule A, and the amount so paid shall be
deemed a payment under this policy to the insured owner,
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement
of the payment unless the polil:Y has been lost Of destfoyed, in which l:ase proof
of loss or destrul:tion shall be furnished to th(' 'iatisfa"ion of the Company.
NM 1 PA 10
ALTA Owne(s Policy (10-17.92)
Form 1190-3 Cover Paoe
(b) When liability and the extent of loss or damage has been ddinitd)
fixed in accordance with these Conditions and Stipulations. the loss or
damage shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant.
The Company shall be subrogatcd to and be entitled to all rights and
remedies which the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued. If
requested by the Company. the insun:d claimant shall transfer to the
Company all 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 the~e rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and
remedics in the proportion which the Company's payment bears to the
whole amount of 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 the Company by
reason of the impairment by the insured claimant of the Company's right
of subrogation.
(b) The Company's Rights Against Non-insured 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, guaranties. other policies of insurance or bonds,
notwithstanding any terms or conditions contained in those instruments
which provide for 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 mailers may include.
but are not limited to. any controversy or claim between the Company and
the insured arising out of or relating to this policy, any service of the
Company in connection with its issuance or the breach of a policy
provision or other obligation. All arbitrable matters when the Amount of
Insurance is $1,000,000 or less shall be arbitrated at the option of either the
Company or the insured. All arbitrable matters when the Amount of
Insurance is in excess of $1,000.000 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 parties. 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 party. Judgment upon the award
rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon fequest.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT.
(a) This policy together with all endorsements, if any. attached hereto
by the Company is the entire policy and contract between the insured and
the Company. In interpreting any provision of this policy, this policy shall
be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence,
and which arises out of the status of the title to the estate or interest
covered hereby or by any action asserting such claim. shall be restricted to
this policy.
(c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary. or
validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that provi-
sion and all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing required
to be furnished the Company shall include the number of this policy and shall be
addressed to COMMONWEALTH LAND TITLE INSURANCE COMPANY. 101
Gateway Centre Parkway, Gateway One, Richmond, Virginia 23235-5153.
r\O''''''''''^'
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ELIZABETH A. NEVILLE
TOWN CLERK
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Town Hall, 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
HELD ON FEBRUARY 2. 1999:
WHEREAS, the Town Board of the Town of Southold wishes to purchase the
development rights in the agricultural lands of the Estate of Sophie
Kaloski, west side of Alvah's Lane, Cutchogue. New York;
WHEREAS. the Town Board held at public hearing with respect to said
acquisition on the 19th day of January 1999, pursuant to the provisions of
the Southold Town Code; and
WHEREAS. the Town Board deems it in the public interest that the Town of
Southold acquire the development rights in the agricultural lands as set
forth in the proposed acquisition between the Town of Southold and the
Estate of Sophie Kaloski, at a purchase price of $9,075.00 per acre; now,
therefore, be it
RESOLVED that the Town Board elects to purchase the development rights
in the aforesaid agricultural lands owned by the Estate of Sophie Kaloski
comprising approximately 2 + acres which are part of the parcel of land
known as SCTM #1000-109-1-24..1 located on the west side of Alvah's Lane.
Cutchogue, New York; and be it
FURTHER RESOLVED that the Town Clerk be and she hereby is authorized
and directed to give notice of such acceptance to the Estate of Sophie
Kaloski; and
FURTHER RESOLVED that the Supervisor be and she hereby is authorized
and directed to execute any and all required documents for the acquisition
of said development rights.
~09/{/~~'
Elizabeth A. Neville
Southold Town Clerk
February 2. 1999
..
PUBLIC HEARING
SOUTHOLD TOWN BOARD
JANUARY 19, 1999
5:05 P.M.
ON THE QUESTION OF ACQUISITION BY THE TOWN OF SOUTHOLD OF
APPROXIMATELY TWO (2) ACRES OF DEVELOPMENT RIGHTS IN THE
AGRICULTURAL LANDS OF THE ESTATE OF SOPHIE KALOSKI.
Present: Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
* * *
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: We will move on to the hearing
two acres of development rights on the agricultural
Kaloski. Brian is going to read the notice.
in relation to the
lands of Sophie
COUNCILMAN MURPHY: "Notice is hereby given that pursuant to the
provisions of the Agricultural lands Preservation Law of the Town of
Southold, constituting Chapter 25 of the Southold Town Code. the Town
Board of the Town of Southold will hold a public hearing on the 19th
day of January, 1999. at 5:05 P.M., at the Southold Town Hall, 53095 Main
Road, Southold, New York. on the question of the acquisition by the Town
of Southold of approximately two (2) acres of development rights in the
agricultural lands of the Estate of Sophie Kaloski. at the price of
$9.075.00 per acre. which acres are part of the parcel of land known as
SCTM# 1000-109-1-24.1 located on the west dies of Alvah's Lane.
Cutchogue, New York.
Further notice is hereby given that the file containing a more detailed
description of the aforementioned parcel is available in the Southold Town
Clerk's Office. Southold Town Hall. 53095 Main Road. Southold, New York.
and may be examined by any interested persons during normal business
hours. Dated: December 22. 1998. By Order of the Southold Town Board.
Elizabeth A. Neville, Southold Town Clerk." We have an affidavit that it
was published in the Traveler-Watchman, and another affidavit that it was
posted on the Town Clerk's Bulleting Board in the Town Hall. A Short
Environmental Assessment has been prepared. and approved by the
Southold Town Board. It has no Environmental Impact.
..
pg 2 - PH
SUPERVISOR COCHRAN: You have heard the reading of the Local Law in
relation to the acquisition, and Brian did give an explanation earlier as to
how. because our Code says you can't buy under ten acres, but this is a
different circumstance. This isn't a separate sale. It is all a part of the
property that we are looking to obtain from the Kaloski family. Is there
anyone who would like to address the Town Board in relation the purchase
of the development rights?
J 1M MULHALL: I am Jim Mulhall.
family. and I have just one question.
from? We have no map.
I am spokesperson for the Kaloski
Where are the two acres being taken
SUPERVISOR COCHRAN: Brian, can you help us on that?
COUNCILMAN MURPHY: The original fifty-five acres, when the survey
came in and it was finally fifty-seven acres. after they had cut out where
the barns. and the house is. So, this is just making up that additional two
acres for the town to purchase the development rights.
TOWN ATTORNEY YAKABOSKI: I have additional information that I didn't
share with Councilman Murphy today. The surveyors are going to be
contacting Mr. Caminiti, your attorney. and he will then put the
surveyors in touch with yourself as to where that would be. It is obviously
up to the Kaloski family on how that final development right boundary is
drawn.
JIM MULHALL: No one has contacted anyone.
TOWN ATTORNEY YAKABOSKI: I expect that Mr. Caminiti would be
contacting you soon. I spoke to the surveyors today, and how that final
boundary should be drawn. I said you need to get in touch with Mr.
Caminiti so he can speak with the family. It is completely up to the
family on how it is drawn.
SUPERVISOR COCHRAN: Jim, we are going
all clarified with the family and so forth.
sale at all, will it?
to hold this, so we can get it
I don't think it will delay the
TOWN ATTORNEY YAKABOSKI: If the survey is ready this week. That is
the only thing that is holding up the sale. I expect him to be in the
office tomorrow, or the next day.
COUNCILMAN HUSSIE: Maybe the resolution should caveat in there that it
is subject to a survey, and then it wouldn't hold anything up.
JIM MULHALL: So then the survey has not been concluded?
TOWN ATTORNEY YAKABOSKI: Correct.
JIM MULHALL: Then the closing now will not be at the end of this week.
..
pg 3 - PH
TOWN ATTORNEY YAKABOSKI: If the survey is completed within tomorrow
or the next day, obviously after have spoken to the family on the final
lines. that was the only thing stopping the closing. Once that is done the
paper work is already to go.
SUPERVISOR COCHRAN: I am not comfortable with you not knowing.
JIM MULHALL: That's right. The whole family feels like they are a little
bit in the dark. because no one notified us where the two acres are being
taken from. east side. west side, near the house, by the woods. because
certain parts of that property are kind of special to those people,
especially parts around the house.
TOWN ATTORNEY YAKABOSKI:
perhaps we should hold it.
SUPERVISOR COCHRAN: I would like to hold it, Jim. so we all get on the
same wave length, because this sale is important to us. as it is to you and
the family.
The request of the additional two acres.
JIM MULHALL: I have gotten two or three phone calls, and they said,
the surveyors are here, what are they doing? It makes them a little bit
nervous, and there are special parts to that property.
SUPERVISOR COCHRAN:
anything to upset anyone.
am sure.
We certainly don't want to do
J 1M MULHALL: I am the spokesperson for the family, so I would be a
good contact person.
TOWN ATTORNEY YAKABOSKI: You see. Mr. Mulhall, rules of law that I
am under I can't contact you directly, but come in contact with you
through counsel.
JUSTICE EVANS: I think what they are saying is that after the house was
divided off.. the first time we bought fifty five acres. when the house was
divided off it turned out that there is actually fifty-seven acres left. and
that is why there is this discrepancy here, because the town is actually
getting a fifty-seven acre piece.
JIM MULHALL: We don't begrudge the Town the two acres. We just want
to know where it is.
JUSTICE EVANS: The first survey showed fifty-seven.
SUPERVISOR COCHRAN: Rather than try, and debate this, and come up
with answers. Jim, I would like to hold it. I won't close the hearing. I
will just recess the hearing, so we can pop it on real fast next time, and
move this, because we are anxious as you are to finish this transaction.
TOWN ATTORNEY YAKABOSKI: I will follow up with a phone call to Mr.
Caminiti tomorrow.
\.
pg 4 - PH
SUPERVISOR COCHRAN: Thanks, Jim. Anyone else like to address the
Town Board in relation to this purchase? (No response.) If not, we will
recess the hearing until our next Board meeting. May I have a second?
Moved by Supervisor Cochran, seconded by Councilwoman Hussie, it was
RESOLVED that a recess on the public hearing be called until the next
Town Board meeting.
Vote of the Town
Romanelli, Councilman
Supervisor Cochran.
This resolution was duly ADOPTED.
Board:
Moore,
Ayes: Councilman
Justice Evans,
Murphy, Councilman
Councilwoman Hussie.
*
*
*
~044
Elizabeth A. Neville
Southold Town Clerk
EUZABETH A. NEVILLE
TOWN CLERK
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Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
HELD ON JANUARY 19. 1999:
WHEREAS, the Town of Southold is considering purchasing the
development rights on approximately two acres of agricultural lands of the
estate of Sophie Kaloski which acres are part of the parcel of land known
as SCTM#1000-109-1-24.110cated on the west side of Alvah's Lane; BE IT
RESOLVED, by the Town Board of the Town of Southold that this is an
unlisted action pursuant to the State Environmental Quality Review Act
6NYCRR 617, et seq. and Town Code Chapter 44; BE IT FURTHER
RESOLVED, by the Town Board of the Town of Southold that the Town
Board hereby declares itself Lead Agency for this proposed project.
.
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Southold Town Clerk
January 19. 1999
EUZABETH A. NEVILLE
TOWN CLERK
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Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOllOWING RESOLUTION WAS
ADOPTED AT A REGULAR MEETING OF THE SOUTHOlD TOWN BOARD
HELD ON JANUARY 19. 1999:
WHEREAS, the Town of Southold is considering purchasing the
development rights on approximately two acres of agricultural lands of the
estate of Sophie Kaloski which acres are part of the parcel of land known
as SCTM#1000-109-1-24.110cated on the west side of Alvah's Lane; and
WHEREAS, the Town of Southold has completed a Short Environmental
Assessment Form of the above-referenced project; and
WHEREAS, the SEAF showed no potential adverse environmental impacts;
BElT
RESOLVED, by the Town Board of the Town of Southold that a Negative
Declaration is hereby issued with respect to the above-referenced project
pursuant to the provisions of State Environmental Quality Review Act
6NYCRR 617, et seq.
~:'P;ff10().tV~
~~"'~eville
Southold Town Clerk
January 19. 1999
COUNTY OF SUFFOLk
STATE OF NEW YORK ss:
LEGALNOTICE
NOTICE OF
PUBUCHEARING
NQTICEISHEREBYGIVEN ,
that pursuant to the provisions
of the Agricultural Lands Pres-
ervation Law of the Tilwn of
Southold, constitutiiig"Chapter
25 of the SouthoJdTown Code,
the Town Board of the Town of
Southold will hold apubUc bear-
ing on the 19th day of January,
1999, at 5:05 P.M;, at the
Southold Town Hall, 53095Main
Road, Southold, New York, on
the question of,the acquisition
by the Town of South old ofap-
proximately two (2) acres of de-
velofment rights in th,e agricul~
tura 'lands of .the ,Estate of
Sophie Kaloski; at the, price of
$9,075.00 eer acre, ",mch acres
are ,iiai! 'of the pai"pel ofland
kn'ownas SCTM# 1000cI09-1-
24.1 located on the west side of
Alvah's Lane, Cutchogue, New
Yak",';'" '-, ';'
, '
-FlJR'1::IIER NOT(q;; IS
HE~YUIVENthat'tbe file ,
CQJ!~WlIg. a l\!!o,re~d~ui!le?de-
sonptlon bftlieliforemehltbned
parcel is available in the
Southold Town Clerk's Office,
SoIitliold ToWnHall;,53095 MaiD
Road, Southold, New York, and
may b~ exanlhled by any inter-
'b:~~~,~.~f~njl-cJ)~F,- a, I
Dated:~1;;198.r' .',
"~"'__"'"''''?'''
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Patricia C. Lollot, being duly sworn, says that
she is the Production Coordinator, of the TRA V-
ELER WATCHMAN, a public newspaper printed
at Southold, in Suffolk County; and that the no-
tice of which the annexed is a printed copy,
has been published in said Traveler Watchman
once each week for
/
........................................................................ weeks
success~.vely, co encing on the ...7.............
day of ..... ...~......... .: ............. ,19..2J
~~.........................................
Sworn to before e this......7................day of
...~~............ ,19...9..1
.......................4.../d:..~.:."'"f!L......
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBUC, State of New YOlk
No. 4806846
Qualified in Suffolk ~ ,I
Commission Expil1l$ '/3', t:lo.
"
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a~ 7.20
Appendix C
State E.1vironmentaJ Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
?AiIT i-?ROJECT INFORMATION (To be completed by Aoplicant or P,ojec: sponsor)
i 1. ,,:,?PWCANT l$PQNSOA. I 2. ?ROJECi ."lAME
'To~~ of Southo14 Land Pres. Comm Development Rts-Kaloski F8rm
SEQR
3. .=RQ..lECT Lc~nON:
.I,tunic'oaJlty Southold County Suffolk
~. ?REC:SE l.OCATION (Street address and road ItUersec:.lons. ;::lrcmJnent landmaJ1C:S. ~tc.. :'Ir ,rovide macl
West side of Alvahs L~ne. approx. 2000 feet n()rth of M'in Rd..
SCTMt 1000-109 -01-024.1
Cutchoug4
I
,
s. rs ?ROPOSCD ACTlON:
Q New Kl ExDaMlCn
o MCC2lfic.atlon/afteratlon
S. oeSCRIBe ?ROJECi 3FUE.=t.'t:
Add approx.2 additional acres of the.subject parcel
Resolution to purchase Develonment R1ghts Sasement.
to a June 23.
199~-~'
I
I
7. AMOUNT OF LAND AFF:"" ISJ: 2
:nillaily approx. ').8 a=s Ulilma'e/y approx. " .o:e.
3. 'HILL ?ROPCSCD AC710N COMPLY WITH ::asnNG ZONING OR ar....U:::\ ::osTING LAND USE ::!.Q~IC";"1CNS7
I..j{ Yes 0 No rf ,'ole. ::escnbe bristly
9. WHAT rs PRESENT lAND USE IN 't1C:HfTY OF ?ROJEC':'7
i'"X Mesidential I I Inau:trta1 LJ c.unmarctaJ
Oesc'lbe:A mix of residential 2.nd
?E: AqriC".:ftul'8 L...i ?3mF':lrestJOpen soace
agricultural uses.
00"'...
iO. aCES AC7rCN INVOLVE A ?lS.::;MlT API'ROVAL. OR F....JNOING. :otcw OR UL71MATE.'f .=ROM ANY OlHE.::; GCve.=mME.J.f'iAL AGE.J.fCY .:r=::E.=iAL.
STAn:: OR LCCAU7
@ Yes 0 Ne
If yes.. list .1QenCY(3) and penntU~PrcvaLs
~ Approval of Town of Southold Town Board
~,. ooes ANY ASPecr OF n-te AC':'ION HAVE A CJRRerrt.V VAL.:D PERMIT OR AP~ROVAL.1
:tJ Y.. 0 No If yes, list aoency name _ permlU"ll""""
Approval of Southold Town B08rd to negotiate purchase of development
Rights Easement.
12. AS A FlESUL7 OF ?ROPCSED AC';10N WILL SXISi1NG ?5:'~mAPPROVAL REaUIRE MOOIFc.:.nCN?
nYes ~NO
I csmFY 'THAT i"HE !HFORMAnON PROVlOED ABove IS 'i"nUE 70 7HE 301 OF MY KNCWLSJGE
yan, Chairman 01/14/99
AOCIIC3n1Jsccruscf
Oale:
Si~muure:
-
If the action is in the Coastal Area, and you are a state a\;ency, complete the
Coastal Assessment Farm before proceeding with this assessment
OVER
..
~ -
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of the
Agricultural Lands Preservation Law of the Town of Southold.
constituting Chapter 25 of the Southold Town Code, the Town Board of
the Town of Southold will hold a public hearing on the 19th day of
January, 1999. at 5:05 P.M.. at the Southold Town Hall. 53095 Main
Road, Southold. New York. on the question of the acquisition by the
Town of Southold of approximately two (2) acres of development rights in
the agricultural lands of the Estate of Sophie Kaloski, at the price of
$9,075.00 per acre, which acres are part of the parcel of land known as
SCTM# 1000-109-1-2ij.l located on the west side of Alvah's Lane,
Cutchogue, New York.
,
,.
FURTHER NOTICE IS HEREBY GIVEN that the file containing a
more detailed description of the aforementioned parcel is available in
the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road,
Southold, New York, and may be examined by any interested persons
during normal business hours.
Dated: December 22, 1998.
BY ORDER OF THE SOUTHOLD TOWN BOARD
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
*
*
*
PLEASE PUBLISH ONCE ON JANUARY 7, 1999. AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN
CLERK. TOWN HALL, PO BOX 1179. SOUTHOLD, NY 11971.
Copies to the following:
The Traveler Watchman
Town Board Members
Town Attorney
Town Clerk's Bulletin Board
Estate of Sophie Kaloski
Land Preservation Committee
\"---'"
I" _
,
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold. New York
being duly sworn, says that on the 4th
day of
January
1999
she affixed a notice of whic:h the annexed printed notic:e is a true c:opy,
in a proper and substantial manner, in a most public: plac:e in the Town of
Southold. Suffolk County, New York. to wit: Town Clerk's Bulletin
Board, Southold Town Hall, 53095 Main Road, Southold, New York.
NOTICE OF PUBLIC BEARINGON THE QUESTION OF THE ACQUISITION OF DEVELOPMENT
RIGHTS IN THE AGRICULTURAL LANDS OF THE ESTATE OF SOPHIE KALOSKI
a~/4 04k~~/L
Elizabeth A. eville
Southold Town Clerk
Sworn to before me this
Uh-day of
Januarv , 199'J1j.
~ '
~. (I/~
Notary Public:
JOYCE M. WILKINS
Notary Public, State of New York
No. 4952246, Suffolk County
Term Expires June 12, 19~
EUZABETH A. NEVILLE
TOWN CLERK
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Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOI,.LOWING RESOLUTION WAS
ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING
HELD ON DECEMBER 22, 1998:
WHEREAS, THE Town Board of the Town of Southold resolved to purchase
the development rights of 55 acres of agricultural lands owned by the
Estate of Sophie Kaloski. located on the west side of Alvah's Lane,
Cutchogue. New York.
WHEREAS. the Estate of Sophie Kaloski has expressed its desire to sell the
development rights for two (2) additional acres of the parcel of land known
as SCTM # 1000-109-1-24.1 located on the west side of Alvah's Lane,
Cutchogue. New York;
BE IT RESOLVED that the Town Board of the Town of Southold hereby sets
5:05 P.M., Tuesday, January 19, 1999. Southold Town Hall. 53095 Main
Road. Southold. New York, as the time and place for a public hearing on
the question of the acquisition of approximately two (2) acres of
development rights in the agricultural lands of the Estate of Sophie
Kaloski, at the price of $9,075.00 per acre, which acres are part of the
parcel of land known as SCTM # 1000-109-1-24.1 located on the west side of
Alvah's Lane, Cutchogue. New York.
-
C'f!'MJ(} ~
Eli abeth A. Neville
Southold Town Clerk
December 22. 1998
ELIZABETH A. NEVILLE
TOWN CLERK
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Town Hal!, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED BY THE SOUTHOLD TOWN BOARD AT THEIR REGULAR MEETING
HELD ON JUNE 23. 1998:
WHEREAS, the Town Board of the Town of Southold wishes to purchase
the development rights In the agricultural lands of the Estate of Sophie
Kaloskl, west side of Alvah's New York; and
WHEREAS, the Town Board held a public hearing with respect to said
acquisition on the 23rd day of June 1998, pursuant to the provisions of
the Southold Town Code; and
WHEREAS. the Town Board deems It In the public Interest that the Town
of Southold acquire the development rights In the agricultural lands of
set forth In the proposed acquisition between the Town and the Estate of
Sophie Kaloskl; now therefore. be It
RESOLVED that the Town Board elects to purchase the development rights
In the aforesaid agricultural lands owned by the Estate of Sophie Kaloskl
comprising 55:!:acres, at a sale price of $9,075.00 per acre; said property
located at west side of Alvah's Lane, Peconlc, New York. SCTM No.
1000-102-0~-006.1 and 109-01-022~.1,; and be It
FURTHER RESOLVED that the Town Clerk be and she hereby Is
authorized and directed to give notice of such acceptance to the Estate
of Sophie Kaloskl; and
FURTHER RESOLVED that the Supervisor be and hereby Is authorized
and directed to execute any and all required documents for the
acquisition of said development rights.
~QJdJ tl. r;e,(etl
Elizabeth A. Neville
Southold Town Clerk
June 2", 1998
/'
.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
LAND PRESERVATION COMMITTEE
TOWN OF SOUTHOLD
TO:
Greg Yakaboski, Town Attorney
FROM:
Dick Ryan, Chairman
SUBJECT: Status Report - Contracts/Closings for Land Preservation Projects.
DATE:
November 13, 1998
The next meeting of the Committee is set for November 16th @ 7:30 P.M.
.
I would appreciate it if you were able to put together a brief update of the status of the
respective transaction for the following Projects, so that I can share the information with
Committee members.
Ruland Development Rights
Kaloski Development Rights
Raphael Development Rights
Fitzgerald Open Space
I would also appreciate receiving a copy of your respective model contract for a
development rights easement purchase, pursuant to Chapter 25 and an open space fee
purchase, pursuant to Chapter 59.
Lastly, can you advise when you will be able to provide a model contract for a
conservation/scenic easement purchase, pursuant to Chapter 59.
I note the need for similar model..contracts to be made pursuant to the provisions of the
Chapter 6.
Cc: LPC members ,""'.
B. Murphy, Councilman
~.
ft-L/
6/25/98
Sup. Jean Cochran
Southold Town Baoard
Southold, New York
Dear Jean:
Just a note to thank you and the Board Members for approving
the purchase of the developmental rights of the kaloski
farm. As previously noted, this family is really farm
oriented, having farmed those acres for a good part of this
century. I know that they are most happy that we will not
see sub-divisions and condominiums along their beloved
Alvah's Lane. I, myself, am happy that another prime piece
of property is not going the way of Western Suffolk, and we
will still be able to enjoy areas of the North Fork as we
have in the past.
On behalf of all the members of the Kaloski Family, I extend
my sincere thanks and appreciation.
1 cerfY}~..W;
M~pe.
rn~JM~:~~rn
SUPERVISORS OFFICE
T WN OF SOUTH OLD
. .
PUBLIC HEARING
SOUTH OLD TOWN BOARD
JUNE 23, 1998
8:05 P.M.
ON THE QUESTION OF THE ACQUISITION BY THE TOWN OF SOUTH OLD
OF THE DEVELOPMENT RIGHTS IN THE AGRICULTURAL LANDS OF THE
ESTATE OF SOPHIE KALOSKI.
Present: Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
* * *
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
* * *
Justice Louisa P. Evans
Absent:
SUPERVISOR COCHRAN: The next public hearing is on acquisition of
farmland development rights. Councilman Murphy will read that one.
COUNCILMAN MURPHY: "Notice is hereby given that pursuant to the
provisions of the Agricultural Lands Preservation Law of the Town of
Southold, constituting Chapter 25 of the Southold Town Code, the Town
Board of the Town of Southold will hold a public hearing on the 23rd
day of June, 1998 at 8:05 P.M.. at the Southold Town Hall. 53095 Main
Road, Southold. New York, on the question of the acquisition by the Town
of Southold of the development rights in the agricultural lands of the
Estate of Sophie Kaloski, west side of Alvah's Lane. Cutchogue. New
York, SCTM No. 1000-102-0~-006.1 and 109-01-02~.1. comprising 55 acres,
$9.075.00 per acres ($500,000.) Further Notice is hereby given that the file
containing a more detailed description of the aforementioned parcel is
available in the Southold Town Clerk's Office. Southold Town Hall, 53095
Main Road. Southold, New York. and may be examined by any interested
persons during normal business hours. Dated: June 15. 1998. Elizabeth
A. Neville, Southold Town Clerk." I have an affidavit that it was
published in the Mattituck Traveler-Watchman, and I also have a affidavit
that it was posted on the Town Clerk's Bulletin Board in Southold Town
Hall.
, pg 2 - PH
SUPERVISOR COCHRAN: Thank you, Brian. Before I ask for comments
from the audience, if there is anyone that would like to address the Board.
I would like to introduce and call on Chairman of the Land Preservation
Committee, Dick Ryan, and Dick. if you would share with us, where it is
located, and anything else you feel is important.
RICHARD RYAN: I am your Chairman of the Town Land Preservation
Committee, and before I go on with my presentation I want to note some of
the information for the Board, and I take pleasure in saying so, that the
back of the meeting room tonight is packed with members of the Sophie
Kaloski family.
SUPERVISOR COCHRAN:
you for joining us.
thought that is perhaps who they were. Thank
RICHARD RYAN: I have a map here. which outlines in red the subject
parcels under consideration located in the hamlet of Cutchogue. Members of
the Paul and Sophie Koroleski family has continuously farmed the property
known as Cutchogue Farms for the past seventy years. At present a son,
Paul Kalosk operates the farm with other family members residing at the
farmstead and nearby on Alvah's Lane. The farm consists of 60.7 acres in
two parcels both fronting on Alvah's Lane. The parcel on the East side of
Alvah's Lane, which would pe the parcel to the right on the map is over
620 feet of frontage. and comprises 22.7 acres of actively cultivated land.
The parcel on the left side of Alvah's Lane has over 2,3050 feet of
frontage on Alvah's Lane. and comprises 38 acres of land of which about
33 acres are in cultivation. The entire easterly parcel is offered for
p'urchase of development right easement. Approximately 33 acres of the
westerly parcel is likewise offered, subject to final survey. The remainder
of this parcel contains the existing farmstead and outbuildings, and is
intended to be reserved from this easement. The purchase price is $9,075
per acre. totaling approximately $500,000, subject to the results of the
final survey setting out the reserved area. The market value of the
proposed purchase reflects, in part. the development potential and
extensive road frontage of the subject property. The value was determined
by a March, 1998 appraisal prepared by Andrew Stype. SRA. of
Mattituck. The zoning for the two parcels is Agriculture-Conservation.
which permits residential development on 80,000 square foot lots. The soils
are in the Haven Loam classification. one of the most productive soil
classes on Long Island. Both parcels of this farm are currently enrolled in
Suffolk County Agricultural District #1, which provides real property tax
abatements to qualified farmlands. The two parcels are currently planted in
potatoes. and other field crops. The easterly parcel is adjacent to the
residential neighbors known as Crown Land Lane and Highland Estates on
the east. To the north. the parcel adjoins lands that are presently under
review by the Land Preservation Committee for development rights easement
consideration. Further to the north are lands of the Hargrave Vineyard.
now protected by a Suffolk County development rights easement. The
westerly parcel is adjacent to lands of the Cristina Vineyard on the
west. To the north of that parcel .is property of Satur Farms. now
protected by Suffolk County development rights easement. Because of the
factors of agricultural use. incidentally the other green parcel way down to
the bottom is another Town owned developments rights piece on the north
,pg 3 - PH
side of the Main Road, the opposite green parcel you see is the Downs Farm
Preserve. Basically, although it doesn't show on the map at all, to the
bottom of the red parcel across the Main Road is the North Fork Country
Club. Because of the factors of agricultural use, size and proximity to
other preserved farmland and open space vistas, on both sides of Alvah's
Lane, this farm is of the highest ranking for agricultural lands
preservation. The Land Preservation Committee is unanimous in
enthusiastically recommending the purchase of the development rights to the
lands here described. The purchase will most certainly preserve valuable
agriculture lands and enhance the rural character of this area of Cutchogue
and the Town of Southold. I urge the Town Board to accept the offer of
development rights to approximately 55 acres of this property, subject to
final survey, owned by the Estate of Sophie Kaloski. pursuant to the
provisions of Chapter 25 of the Town Code, entitled. "Agricultural Lands
Preservation". Thank you.
SUPERVISOR COCHRAN: Thank you, Dick.
like to address the Town Board?
Is there anyone who would
JIM MULHALL: My name is Jim Mulhall, and I am married to one of the
Kaloski daughters. and they asked me to be spokesman for them. I
would just like to reiterate what Dick has said that that parcel of land has
been in the family for over seventy years. and it has been constantly
farmed year after year. I guess every member here has worked at one time
or another on the farm. They all lived on the farm. and it is like an
enclave up there when you go there, because there are daughters on one
side. a son on the other side. and if you want to see anybody up there
you just go to the farm, eventually they will find you. and they are very
hard working people. and the farm and the family is hard to separate when
you think of them. When you think of the farm you think of the family.
and I guess the bottom line is we would like to ask the Board to approve
the acceptance of the developmental rights. and see that piece of beautiful
prime land up there kept in agricultural preservation. Thank you.
SUPERVISOR COCHRAN: Thank you, Jim. Anyone else like to address the
Town Board? (No response.) I would like to say sitting there I am sure
you are having many. many fond memories through the years of your
relationship with the farm. and we appreciate your coming into the
program. When you look at the map and see the adjacent properties what
we are trying to do is, you know. do blocks of preservation rather than
one here. and one here. All the green. and you will become green after
this. I believe. won't they. Dick?
DICK RYAN: I hope so.
pg ~ - PH
SUPERVISOR COCHRAN: You will become green in color. and there is a
method to our madness. We are trying to do it in an orderly way that will
preserve this farming heritage you have. So. we thank you for coming into
the program. Anyone like to say anything to the Town Board in relation to
the purchase of these development rights. (No response.) If not, I will
close the hearing.
*
*
*
e9rJdl f2 r;u,('I'
Elizabeth A. Neville
Southold Town Clerk
ELIZABETH A. NEVll..LE
TOWN CLERK
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
. ,
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED BY THE SOUTHOLD TOWN BOARD AT THEIR REGULAR MEETING
HELD ON JUNE 23, 1998:
WHEREAS, the Town Board of the Town of Southold wishes to purchase
the development rights In the agricultural lands of the Estate of Sophie
Kaloskl. west side of Alvah's New York; and
WHEREAS, the Town Board held a public hearing with respect to said
acquisition on the 23rd day of June 1998. pursuant to the provisions of
the Southold Town Code; and
WHEREAS, the Town Board deems It In the public Interest that the Town
of Southold acquire the development rights In the agricultural lands of
set forth In the proposed acquisition between the Town and the Estate of
Sophie Kaloskl; now therefore, be It
RESOLVED that the Town Board elects to purchase the development rights
In the aforesaid agricultural lands owned by the Estate of Sophie Kaloskl
comprising 55 acres, at a sale price of $9,075.00 per acre; said property
located at west side of Alvah's Lane. Peconlc, New York, SCTM No.
1000-102-01l-006.1 and 109-01-0221l.1,; and be It
FURTHER RESOLVED that the Town Clerk be and she hereby Is
authorized and directed to give notice of such acceptance to the Estate
of Sophie Kaloskl; and
FURTHER RESOLVED that the Supervisor be and hereby Is authorized
and directed to execute any and all required. documents for the
acquisition of said development rights.
~t2 'ZleiU~
;jjfza~;~' A. Neville
Southold Town Clerk
June 21l, 1998
EUZABETH A. NEVll..LE
TOWN CLERK
Town Hal!, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
"
REGISTRAR OF VlTAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED BY THE SOUTHOLD TOWN BOARD AT THEIR REGULAR MEETING
HELD ON JUNE 23. 1998:
RESOLVED that the Town Board of the Town of Southold hereby engages
the services of Stanley J. Isaksen, Jr., PLS to prepare a survey to
separate the active farmlands from the non-farm area to determine the
exact area for a development rights easement of the Estate of Sophie
Kaloski SCTM # 1000-102-0~-006.1 and 109-01-02~.1, at a cost not to
exceed $900.00.
~fl.~
efrza~~' A. Neville
Southold Town Clerk
June 2~. 1998
.
. ,
ELIZABETH A. NEVILLE
TOWN CLERK
Town Hal!, 53095 Main Road
P.O. Box 1179
South old, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 2~. 1998
Estate of Sophie Kaloski
c/o Dorothy Kaloski Mulhall
P.O. Box 951
Southold. New York 11971
Dear Mrs. Mulhall:
As you are aware, the Southold Town Board adopted a resolution at
their regular meeting last night affirming their desire to purchase the
development rights on your family's property. Please consider this letter
an official notice of their intention to purchase the development rights.
They also approved a resolution to engage the services of Stanley J.
Isaksen, Jr. to prepare a survey to separate the active farmlands from the
non-farm area. Copies of both resolutions are enclosed.
Please contact the Town Attorney to discuss the steps required to
bring this to a conclusion.
Very truly yours,
.
0~~~ql,1l~4~
.VI e
Clerk
C;; SENDER:
Ji! -qompIeIe Items 1 ancUor 2 for additional eervlcea
· "Com"lolo_ 3.... and <10. .
; -= er:am- and address on the reverse of this fonn 80 that we can return this
..
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I also wish to receive !he
following services (for an
Axtr'A fee):
: Addressee's Address
Restrlcted Oeliveoy
t postmaster for fee.
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,.
ELIZABETH A. NEVll..LE
TOWN CLERK
Town Hal!, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 2~, 1998
Stanley J. Isaksen. Jr.
P.O. Box 29~ .
New Suffolk, New York 11956
Dear Mr. Isaksen:
Please be advised that the Southold Town Board adopted a resolution
at their regular meeting held last night to engage your services to
prepare a survey for the development rights on the Estate of Sophie
Kaloski. A copy of this resolution is enclosed. I am also enclosing a
town voucher form for you to complete. sign and return in order to receive
payment after your work is completed. If I may be of any further help,
please do not hesitate to call my office.
Very truly yours,
...n~ . 0.1'1.'
{: .~(A.y.#,t:/~
Elizabeth A. Neville
Southold Town Clerk
Enclosure
ELIZABETH A. NEVILLE
TOWN CLERK
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
. ~
REGISTRAR OF ViTAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED BY THE SOUTHOLD TOWN BOARD AT THEIR REGULAR MEETING
HELD ON JUNE 23, 1998:
RESOLVED that the Town Board of the Town of Southold hereby engages
the services of Stanley J. Isaksen, Jr. , PLS to prepare a survey to
separate the active farmlands from the non-farm area to determine the
exact area for a development rights easement of the Estate of Sophie
Kaloski SCTM # 1000-102-0~-006.1 and 109-01-02~.1, at a cost not to
exceed $900.00.
~tlkrJa~
Elizabeth A. Neville
Southold Town Clerk
June 2~, 1998
~. ~
Check "'
Town of Southold
BILL OF
Vendor No.
....... .
Invoice No.
Invoice Date
Amount Claimed $
Purchase Order No.
For Services and
Disbursements as
........... .
.......... .
Fund and Account
......... .
Entered by
Allowed, $
Audited . . . . . . . . . . , 19 ....
...................... .
Town Clerk
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Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
LAND PRESERVATION COMMITTEE
TOWN OF SOUTHOLD
May 27, 1998
Estate of Sophie Kaloski
c/o Dorothy Kaloski Mulhall
P.O. Box 951
Southold, NY 11971
Re: Town of Southold Development Rights Purchase
SCTM 111000-102-04-006.1 and 109-01-024.1
Dear Mrs. Mulhall:
I n accordance with the provIsions of Chapter 25 of the Town Code
and a May 18, 1998 decision by the Land Preservation Committee, I
am pleased to extend an offer to purchase the development rights to
your property above-noted, for which you had made application to
sell to the Town of Southold.
You are hereby offered the sum of $508,200.00 in full payment of the
development rights to approximately 56 acres (subject to survey) of the
above noted property. The sum reflects the conclusions of an inde-
pendent professional appraisal certified to the Town of Southold and
reviewed by this committee.
The offer is based on the following schedule:
Before Value
Acres Per Acre
After Value
Per Acre
DR Value
Per Acre
DR Value
Total
Ag Land 56
Retained 4.7
$16,075,
$7000,
$9075.
$508,200.
I n the event that a final survey shows a greater or lesser number
of eligible acres in agricultural production or a different retained
area, the total development rights value will be adjusted on the basis
of the schedule set forth above.
L_______
.,
Estate of Sophie Kaloski (C' ~hogue Farm) - Development Rights !Jrchase.
SCTM#1000-102-04-006.1 an<l 109-01-024.1
My name is Dick Ryan. I am your Chairman of the Town of Southold Land Preservation
Committee. I have a map here, which outlines in red, the subject parcels under consideration,
located in the Hamlet of Cutchogue.
Members of the Paul and Sophie Kaloski family have continuously farmed the property, known
as Cutchouge Farm, for the past 70 years. At present, a son, Paul Kaloski operates the farm, with
other family members residing at the farmstead and nearby on Alvah's Lane.
The farm consists of 60. 7 acres in two parcels, both fronting on Alvah's Lane. The parcel on the
east side of Alvah's Lane, has over 1850 feet of frontage and comprises 22.7 acres of actively
cultivated land. The parcel on the west side of Alvah's Lane, has over 2350 feet of frontage and
comprises 38 acres ofland, of which about 33 acres are in cultivation.
The entire easterly parcel is offered for purchase of a development rights easement.
Approximately 33 acres of the westerly parcel is likewise offered (subject to final survey). The
remainder of this parcel contains the existing farmstead and outbuildings, and is intended to be
reserved from this easement.
The purchase price is $9075. /acre, totaling approximately $500,000 (subject to the results of the
final survey setting out the reserved area). The market value of the proposed purchase reflects, in
part, the development potential and extensive road frontage of the subject property. The value
was determined by a March, 1998 appraisal prepared by Andrew Stype, SRA of Matti tuck.
The zoning for the two parcels is Agriculture-Conservation, which permits residential
development on 80,000SF lots. The soils are in the Haven Loam classification, one of the most
productive soil classes. Both parcels of this farm are currently enrolled in Suffolk County
Agricultural District # 1, which provides real property tax abatements to qualified farmlands. The
two parcels are currently planted in potatoes.
The easterly parcel is adjacent to the residential neighborhoods known as "Crown Land Lane"
and "Highland Estates" on the east. To the north, the parcel adjoins lands that are presently under
review by the Land Preservation Committee for development rights easement consideration.
Further to the north, are the lands of the Hargrave Vineyard, now protected by a Suffolk County
development rights easement. The westerly parcel is adjacent to lands of the Gristina Vineyard
on the west. To the north, the parcel adjoins the lands of Satur Farms, now protected by a Suffolk
County development rights easement.
Because of the factors of agricultural use, size and proximity to other preserved farmland and
open space vistas, on both sides of Alvah's Lane, this farm is of the highest ranking for
agricultural lands preservation. The Land Preservation Committee is unanimous in
enthusiastically recommending the purchase of the development rights to the lands here
described. The purchase will most-certainly preserve valuable agricultural lands and enhance the
rural character of this area of Cutchogue and the Town of Southold.
I urge the Town Board to accept the offer of development rights to approximately 55 acres of
this property (subject to final survey) owned by the Estate of Sophie Kaloski, pursuant to the
provisions of Chapter 25 of the Town Code, entitled "Agricultural Lands Preservation".
Thank you.
June 23, 1998 rcr
LEGAL NOTICE
NOTICE OF PUBLIC
, 'HEARING
NOTICE'. IS HEREBY
qIYIiN thatpursuant to the pro-
VISIOp$ ()ffti~J!.gri~ultural Lands
Preservation. Law of the Town
OfSli,i1ih'Q1~:ci>iistiiuling Chap-
ter25 of. the Southold Town
COd~;' the' Town Board of the
Town.orSouthoLdwill hold a
pub\i{~eirjn~()1! the, 23rd day
of June 1998; at.8:05 P.M., at
the SouthoId ToWn Hilll, 53095
Main Road, Southold, New
York, on the question of the ac-
quisitj.on by, the Town of
Southold of the development
rights in !he agricultural lands of
the Estate of Sophie Kaloski,
west side of Alvah's Lane,
Cutchogue. New York, SCTM
No. 1000"102-04-006.1 and
109-01;:024.1 ; comprising 55
acres;'$9,075.00 per acre
($500,000.)' . ." "
FURTHER 'NOTICE IS
HEREBVGIVpN that the file
containfu/l a inore' detailed de-
scription of the aforementioned
parcel:'jsavaiilible' in the
SoutholdToWn(!lerk's Office,
SouthdId TowiiHall, 53095
Main 'Road; Sotithold, New
Yorls-and II18Y be examined by
any 1Dtere~ted persons during
normalbilsmess hours:
Dated:1uiie''iS,'I998
ELiZABETH 'A. NEVILLE,
SOUfHOLDTOWN CLERK
.c. "" "'IX~6fI8f98(195)
"
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Patricia C. Lollot, being duly sworn, says that
she is the Production Coordinator, of the TRA V-
ELER WATCHMAN, a public newspaper printed
at Southold, in Suffolk County; and that the no-
tice of which the annexed is a printed copy,
has been published in said Traveler Watchman
once each week for .
/
........................................................................ weeks
. I . th I~
successive y, c4:n~lng on e ....................
day ;f?.:........(f7...~............, 19..9..f
~~~X~F....................
S~".::.:".~,fo,:~~:::y;~
..............~...f!5..d..~~......
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBUC, State of New York
No. 4806846
Qualified in Sulfolk ~'1! ./0,
CommissiOn Expirn J'/3 'I"
~
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~~.16-4 ,.9J9~)_7~XI ~2
i ?ClOJEC. UJ. .'lUMBER
I
5~ 7.20
Appendix C
Slate E:1Vironmental Quality Review
SEGR
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNL1STED ACTIONS Only
PART i-PROJECT INFORMATION (To be completed by Applicant or Project sponsoi)
1. A?PU~NT lS?ONSOR I 2 ?ROJECT ."'AME
~~ ~Al1+hold Land Preserv Comm.S: Kaloski Est. Dev. Rts. Easement P~:
J. PROJECT Lc~nON:
Municle.lllY ~Authold Town ~unty Suffolk
4. ?REC:Se LCCATION (Street addreS$ and tOad intel'3ectJoM. ;:lronUnent Iandm.ar1a. ttc., .::!r ,rovide .-:lacl
East and West sides of Alvah's Lane - North
SCTM #1000-102-04-006.1 and 109-01-024.1
.
s. IS ?ROPOSED ACTION:
ao New 0 Exoan~lon
of NYS Route 25.
Cutchougel
I
I
,
o MocUncatlonla.tferatlan
5. aesCRIBE ?ROJECT aAIE.=L'f:
Purchase of development rights to approximately 55 acres of a 60.7
farm - in two parcels.
act'
I
I
I
7. AMOUNT OF 6tf01FR.crcl: 55 ( a pprox. )
Initially. a.e:es !.SI(fmatety aces
a. WllJ.. PROPOSeD AC710N COMPLY 'NITH EXISiING ZONING OR Or:ie.~ EXlSiING !.....:.NO usa ::!.c-;-;:UC7iCNS7
I~ Ye", 0 No fl No.. descntle bI1etly
9. w~ T IS PRESENT LAN~ use IN '/ICNfN ~F ?AOJEC77
es Resldent1aJ U InaumtaJ L Commen:1at
Oesc:tbe:
F Aqncwtu",
i: ?amF~te:suOpen .$Dace
DOlller
A neighborhod of mixed residential and agricultural uses.
~O. aces AC71CN INVOLVE A ?E.=iMfT APPROVAL OR NJNOING. ~cw OR UL7IMATE.':'" .=::!CM ANY c,r!E..~ GOVE.~NME.),,!TAL ..a.Ga.lo.lCY (r=:JE.v..~
STATE OR LOCo\U7
!:ll Y.. 0 No If yea, list agen<J(:' onct pormlUacProvals
! Approval of the Southold Town Board.
". ooes ANY ASF~ OF ntE ACTION HAve A c:JRAENTLY VAt...:O PewIT .oR AFflP.OVAL1
fJ';.. 0 No II yea, II:. agency ....... .... PemUU..-
Southold Town Board approval to negotiate potential purchased based
a roved a 1'8.1s8.1.. _..
12. AS A r1ESUL'j OF PROPOSED AC7JON WlU SXJsrING ~5=lMmAPPROVAL :lECUIRE MOOIFc.:.nON?
nye:s OCOOo
I
01
I csmFY iHATi"HE INFORMATION PROVIOEO ABOVE IS inue 70 7He 3~-r OF MY XNCWlEJGE
AOCIIC3ntlSCOnsot
Oate:
06/23/98
Slcn;uute;
If the action is in the Coas J Area, and ycu are a state ac;;ency, complete the
Coastal Asses~ment Form !Jetore proceeding with this assessment
oveR
.
PART 11- ENVIRONMENT ),J) ASSESSMENT {To be compietsd by Agenc~('
I '
JOES ACTION :XC::;:::::D ,.l" 4Y 7'n=r:. I TH;:;eSHOLD iN .5 ""veRA. PAA"r 617.""
CJ y!!S ~ No
3. 'NIL:" ....C7:CN .:1ES2lVE COORDINA.TED ::lE'/1EW AS ?RaVIDED FOR UNUS'c.iJ ....C7iONS IN :5 NYCRR, .::),a,RT ::i17.S?
rn~ oe 5uoerseqfO by another invOlved agency.
L...!Ves GNO
It 'Ies. coorairliue :he ~e""e'N ::!rocess ana use the .=ULl .:AF.
II NO. a negallve ::ec:arat.:
_. COULD ..1.C710N ~ESULT IN ~NY AovERSE E?FECTS ASSOC:ATEl WITH THE .=OLLOWING; (Answers :'nay::)e hanOWrtlten."il1eglorel
C~. :.xiscing lit auality, surface or ~rounClwate( Quality or quanlity, noise levels. ~xisting [raffic panerns, solid .....aste ;:ltoouc:icn or aisoosal,
;Jotential ~O( arosion. drainage or floodinl:J prOolems? Exalain briefly:
No.
C2. ;:.esthe!ic, agricUltural. arChaeological. historic. or olher natural or C'.lltuta! resourc~s: or community or neighborhOOd cl'laracter? :xolain brie/ly;
.
No.
W. 'Iegetation or fauna. tisn. snellflsn or wildlife soecies. significant habitats. or threatenea or !naangered Soecies1 exolain brieily:
No.
(;4. A co~munity.s axisting plans. or goals as officially a.cIootea. or a e.~nge in I.LS8 o~ intensity of use at land or other natutaJ resources? 5;:colain briefly
No.
CS. GrOwth. .suoseauent develooment, or related ac:tvities likety to be induced ~ the proposed ac:Jon? Explain Oriefly.
No.
Co. Long term. snort term. c:.unulative., or other ~tfec:s not identified in C1..Q? :xplain briefly.
None.
C7. Other imo3C'".:J (Inctucling Co"langes in use ot either QUantity or type ot !tletgy)? =Clain briefly.
None.
(
D. WILL THE ?ROJECT HAVE AN If,APAC7 ON THE :.~VIRONMENTAL CHARAc:c.=IIS'i1C5. iHAT C:"USED THE ESTASUSHMENT OF A CEA?
DYes XJNO
- 1$ 7HERE. OR IS 'iHE.=l.E UKE!.r 70 BE. CONTROVE1{SY RE.AiED TO POTernAL "\ove.=l.SE ENV1RONME.~TAL IMPA.C7S?
I + Yes OCJ No If Yes. uptain briefly
PART 1II-0EiERMINATION OF SIGNIFiCANCE (To be completed by Agency)
eINSTRUCT10NS: r=or each adverse etfect identified above. determine whether it is substantial. Jarge;:unportant or otnerwise significant.
"Each eHect should oe asSessed in connection with its (al setting Q.8. uman or ruran; (b) probat)ility of occulTing; (Cl duration: (dl
irreversibility: (e) geoqraohic '3cooe: and (I) magnitUde.. If necessary. add a.ttachments or reference supporting materials. Ensure tha.t
explanations contain sufficient detail to show that all relevant adVerse impacts have been identified and adequately a~dressed. It
Question 0 ot Part II was cnecxed 'Ies. the determination and significance must evaluate the potential impact at the proPOSed action
on the environmentaJ characteristics ot the CSA.
o Check this box if you have identified one or more potentiatlylarge or significant adverse impacts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
Q!i C:Jeck this box if you have detennined. based on the infonnation and analysis above and any supporting
documentation. that the proposed action WIll NOT resuJt in any significant adverse environmental imoac1s
AND provide on artac."1ments as necessary, the reasons suo porting this determination:
Southold Town Board
''''~oILI!4IIC1''\-enC"1
I
June 23.
D.lCe
Jean W. Cochran
~f'"t or ivoe Name or iesQonsli:lle OrrlCer In !.eaa "'~CV
~iln.turl! or llesoonslale QrUel!!" In le.ad Alene',
2
1
T
..
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE OF HEREBY GIVEN that pursuant to the provisions of the
'Agricultural Lands Preservation Law of the Town of Southold.
constituting Chapter 25 of the Southold Town Code, the Town Board of
the Town of Southold will hold a public hearing on the 23rd day of June
1998. at 8:05 P.M., at the Southold Town Hall, 53095 Main Road.
Southold, New York. on the question of the acquisition by the Town of
Southold of the development rights in the agricultural lands of the
Estate of Sophie Kaloski. west side of Alvah's Lane, Cutchogue, New
York. SCTM No. 1000-102-01l-006.1 and 109-01-021l.1, comprising 55
acres. $9.075.00 per acre ($500,00.)
FURTHER NOTICE IS HEREBY GIVEN that the file containing a
more detailed description of the aforementioned parcel is available in
the Southold Town Clerk's Office. Southold Town Hall. 53095 Main Road,
Southold, New York, and may be examined by any interested persons
during normal business hours.
Dated: June 15, 1998.
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
*
*
*
PLEASE PUBLISH ONCE ON JUNE 18, 1998. AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE. TOWN
CLERK. TOWN HALL, PO BOX 1179, SOUTH OLD. NY 11971.
Copies to the following:
The Traveler Watchman
Town Board Members
Town Attorney
Town Clerk's Bulletin Board
Estate of Sophie Kaloski
Land Preservation Committee
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold. New York
being duly sworn. says that on the
15th day of June
1998
she affixed a notice of which the annexed printed notice is a true copy.
in a proper and substantial manner, in a most public place in the Town of
Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin
Board. South old Town Hall. 53095 Main Road, Southold, New York.
"Public Hearing on the question of the acquisition of development rights in
the agricultural lands of the Estate of Sophie Kaloski, west side of Alvah's
Lane. Cutchoge. New York SCTM No. 1000-102-02-006.1 and 109-01-024.1"
at 8:05 P.M., Tuesday. on June 23. 1998."
~~~/.rP~. ~~N/4,
Eliza eth A. eville
Southold Town Clerk
Sworn to before me this
15th day of June
, 1998.
~~i!~
tar Public
JOYCE M. WiLKINS
Notary Public. State of Now York
No. 4952246, Suffolk Co.'!~
Term Expires June 12, 1 a.::;::r
II
ELIZABETH A. NEVILLE
TOWN CLERK
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Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
REGISTRAR OF VlTAL STATISTICS
MARRlAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOllOWING RESOLUTION WAS DULY
ADOPTED BY THE SOUTHOlD TOWN BOARD AT A REGULAR MEETING
HELD ON JUNE 9. 1998:
RESOLVED that the Town Board of the Town of Southold hereby sets
8:05 P.M., Tuesday. June 23. 1998,
Southold Town Hall. 53095 Main
Road, Southold. New York, as the time and place for a public hearing on
the question of the acquisition of development rights in the agricultural
lands of the Estate of Sophie Kaloski. west side of Alvah's Lane.
Cutchogue. New York SCTM # 1000-102-0~-006.1 and 109-01-02~.1., 55
acres. $9.075.00 per acre ($500.000.)
C4atdla~
Elizabeth A. Neville
Southold Town Clerk
June 10, 1998
, .
ELIZABETH A. NEVILLE
TOWN CLERK
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Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOllOWING RESOLUTION WAS
ADOPTED BY THE SOUTHOlD TOWN BOARD AT A REGULAR MEETING
HELD ON DECEMBER 22. 1998:
WHEREAS, THE Town Board of the Town of Southold resolved to purchase
the development rights of 55 acres of agricultural lands owned by the
Estate of Sophie Kaloski. located on the west side of Alvah's lane,
Cutchogue, New York.
WHEREAS. the Estate of Sophie Kaloski has expressed its desire to sell the
development rights for two (2) additional acres of the parcel of land known
as SCTM # 1000-109-1-24.1 located on the west side of Alvah's lane.
Cutchogue. New York;
BE IT RESOLVED that the Town Board of the Town of Southold hereby sets
5:05 P.M.. Tuesday, January 19, 1999, Southold Town Hall. 53095 Main
Road, Southold, New York. as the time and place for a public hearing on
the question of the acquisition of approximately two (2) acres of
development rights in the agricultural lands of the Estate of Sophie
Kaloski. at the price of $9.075.00 per acre, which acres are part of the
parcel of land known as SCTM # 1000-109-1-24.1 located on the west side of
Alvah's lane, Cutchogue, New York.
CI~(} ,'l!:/&iiiN
Elizabeth A. Neville
Southold Town Clerk
December 22, 1998
.. '. "
ELIZABETH A. NEVILLE
TOWN CLERK
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:_"::';~.:'.>?.z::J[j-{{)J,l-'
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETINC
HELD ON DECEMBER 22. 1998:
WHEREAS, THE Town Board of the Town of Southold resolved to purchase
the development rights of 55 acres of agricultural lands owned by the
Estate of Sophie Kaloski, located on the west side of Alvah's Lane,
Cutchogue, New York.
WHEREAS, the Estate of Sophie Kaloski has expressed its desire to sell the
development rights for two (2) additional acres of the parcel of land known
as SCTM # 1000-109-1-2/J.1 located on the west side of Alvah's Lane,
Cutchogue. New York;
BE IT RESOLVED that the Town Board of the Town of Southold hereby sets
5:05 P.M., Tuesday. January 19. 1999, Southold Town Hall, 53095 Main
Road, Southold, New York. as the time and place for a public hearing on
the question of the acquisition of approximately two (2) acres of
development rights in the agricultural lands of the Estate of Sophie
Kaloski, at the price of $9.075.00 per acre, which acres are part of the
parcel of land known as SCTM # 1000-109-1-24.1 located on the west side of
Alvah's Lane, Cutchogue. New York.
r'YrJd/ fl..'l}wiN
Elizabeth A. Neville
Southold Town Clerk
December 22. 1998
... . I .
EUZABETH A. NEVILLE
TOWN CLERK
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Town Hall, 53095 Main Road
P,O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED BY THE SOUTHOLD TOWN BOARD AT THEIR REGULAR MEETING
HELD ON JUNE 23. 1998:
WHEREAS, the Town Board of the Town of Southold wishes to purchase
the development rights In the agricultural lands of the Estate of Sophie
Kaloskl, west side of Alvah's New York; and
WHEREAS, the Town Board held a public hearing with respect to said
acquisition on the 23rd day of June 1998, pursuant to the provisions of
the Southold Town Code; and
WHEREAS, the Town Board deems it In the public Interest that the Town
of Southold acquire the development rights In the agricultural lands of
set forth In the proposed acquisition between the Town and the Estate of
Sophie Kaloskl; now therefore, be It
RESOLVED that the Town Board elects to purchase the development rights
in the aforesaid agricultural lands owned by the Estate of Sophie Kaloskl
comprising 55 acres, at a sale price of $9.075.00 per acre; said property
located at west side of Alvah's Lane. Peconlc. New York, SCTM No.
1000-102-0~-006.1 and 109-01-022~.1,; and be It
FURTHER RESOLVED that the Town Clerk be and she hereby Is
authorized and directed to give notice of such acceptance to the Estate
of Sophie Kaloskl; and
FURTHER RESOLVED that the Supervisor be and hereby Is authorized
and directed to execute any and all required documents for the
acquisition of said development rights.
~f2 7:Iw~t,
. ~za~;: A. Neville
Southold Town Clerk
June 2~. 1998