HomeMy WebLinkAboutDeerkoski, Felix1000-101-1-2.6
1000-101-1-2.7
(f/k/a 1000-101-1-p/o 2.3)
Baseline Documentation
Premises:
4600 Elijah's Lane
Mattituck, New York
17.201 acres
Development Rights Easement
FELIX DEERKOSKI
to
TOWN OF SOUTHOLD
Deed dated September 19, 2007
Recorded September 24, 2007
Suffolk County Clerk - Liber D00012523, Page 409
SCTM #:
Premises:
Hamlet:
1000-101-1-2.6 & 2.7
(t/Ida 1000-101-1-p/o 2.3)
4600 Elijah's Lane
Mattituck
Purchase Price:
Funding:
CPF Project Plan:
Total Parcel Acreage:
Development Rights:
Reserved Area:
Agricultural Reserve Area:
Primary Agricultural
Structure Area:
Limited Agricultural
Structure Area:
Zoned:
Existing Improvements:
$1,320,415.20
(16.9284 buildable acres
$78,000/acre)
Community Preservation
Fund (2% land bank)
Yes
20.8739 acres
17.201 easement acres
(includes 0.2726 acre future
access area)
1.8365 acres
1.8365 acres
8.0640 acres
(SCTM #1000-101.1.2.6)
9.1370 acres
(SCTM 111000-101.1.2.7)
A-C
In August 2007 -
Easement area contains two
fenced in areas for horses,
metal barn and dirt road
DESCRIPTION
LAND
The subject is a 17.40:t acre portion of a larger parcel of land described as follows:
The property is irregular in shape having 1 ,642:t' of frontage along the westerly side
of Elijahs Lane, running thence westerly 360:t' along the northerly side of Middle Road,
thence northwesterly 933:t', thence westerly 345:1:, thence northwesterly 654:t', thence
northeasterly 337:t', thence northerly 177:t', thence easterly 99:1:', thence southerly 150:t',
thence easterly 290:1:' to the point of beginning, for a total area of 20.9:t acres (of which
3.5:t acres are excluded, leaving a subject area of 17.40:t acres). The land is cleared and
has a gently rolling topography.
The above dimensions are taken from the Suffolk County Tax Map. We have
included a copy of the Tax Map showing the subject in the addenda to this report.
Utilities (electric and telephone) are available along the property's road frontage.
Elijahs Lane is two way, two lane, publicly maintained, macadam paved road. Public water
is not available in this area.
IMPROVEMENTS
The subject is vacant land in an essentially natural state.
PRESENT USE AND OCCUPANCY
The subject is presently vacant farmland.
~GIVEN 20
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STREET VIEW OF NORTHWESTERLY CORNER OF ELIJAH'S LANE AND WICKHAM AVENUE
STREET VIEW OF NORTHEASTERLY CORNER OF ELIJAH'S LANE AND C.R. 48
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Phase I
Environmental Site Assessment
4600 Elijah's Lane
1.0 SUMMARY
The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis,
LLC in order determine if potential environmental or public health concerns are present. This
report is intended to identify Recognized Environmental Conditions (as defined in ASTM
Standards on Environmental Site Assessments for Commercial Real Estate and the Target
Protocol) on the subject property based on the four (4) basic components of a Full Phase I
Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and
evaluation and reporting.
The subject property lies in the Hamlet of Mattituck, Town of South old, County of Suffolk, New
York. The overall property is comprised of 20.9 acres of agricultural land and associated
buildings. This report addresses 17 acres presently occupied by farmland and a small barn for
animals. The subject property is located at 4600 Elijah's Lane, which borders Wickham A venue
on the south of the property. The irregularly shaped property has approximately 1,200 feet of
frontage along Elijah's Lane and approximately 400 feet of frontage on Wickham Avenue. The
property is more particularly described as Suffolk County Tax Map # 1000-101-1-2.3. It is our
understanding that this report is to facilitate the purchase of the development rights and that the
land will not be developed.
The subject property is utilized as farmland. The property has some topographic relief,
particularly in the northeastern corner, which slopes downward. The middle of the property has a
slight rise. No irrigation wells or fuel storage tanks were observed on the subject property.
The animal barn located in the north central portion of the property is used for horses, geese, and
chickens. The barn is not heated nor does it have any sanitary facilities or water service.
Inspection of the overall property found no signs of release, residue, odors, or stressed vegetation
or any other environmental indicators of pollution.
No Sanborn map coverage was available for the subject property or surrounding areas. Aerial
photographs from 1938, 1957, 1969, 1980, 1994, 1999,2001 and 2004 were reviewed in order to
determine if any prior uses occupied the subject property. The aerial photographs identify the
subject property as farmland.
An extensive government records search found no potential sources of environmental
degradation on the subject property. No Federal, State and County documented regulated sites
were noted in the vicinity ofthe subject property. One (I) closed spill located within a half (0.5)
mile of the subject property is not expected to impact the subject property.
1111&1;
NELSON. POPE &. VOORHIS. LLC
EI'~\lIRONMENT AL . PLANNING. cor'.!SUL TII',S
4600 Elijah's Lane, Mattituck
Phase I ESA
In conclusion, this assessment has revealed no evidence of any recognized environmental
conditions in connection with the subject property, subject to the methodology and limitations of
this report.
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FIGURE 9
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Members Present:
Members Absent:
Also present:
Commencement:
LAND PRESERVATION COMMITTEE MEETING
Minutes of Regular Meeting held
Tuesday, September 12, 2006
Ray Huntington Chris Baiz Lillian Ball
John Sepenoski Michelle Zaloom
Ray Blum, Chairman Eric Keil
Melissa Spiro, Land Preservation Coordinator
AI Krupski, Town Board Liaison
• The meeting began at 7:10 p.m. with five LPC members present.
Adoption of Meeting Minutes:
• Adoption of LPC meeting minutes from August 22, 2006
MOTION made by John Sepenoski, seconded by Ray Huntington, to accept the minutes of August 22, 2006.
Motion carried 5/0. ~KCe~
Applications: a~~P~Qd Q''~ /o~
The Members entered into EXECUTIVE SESSION. L~Cr~~ l ~I
wtinut-t?o
• DEERKOSKI PROPERTY [executive session]
SCTM #: 1000-101-1-2.3 PDR Acreage: 18.9 acres
Location: 4600 Elijah's Lane, Mattituck Zoned: A-C
Total Acreage: 20.9 acres CPF: Yes
Discussed status of prior offer: [executive session]
Melissa told LPC that she had met several times with Deerkoski family. They are interested in proceeding
with easement on majority of property. They are proposing to reserve area around existing house instead
of subdividing it from farm. They want to be able to use the property in the future for equestrian related
uses.
LPC had lengthy discussion on what types of equestrian related uses are allowed or not allowed within
Town development rights. Discussed riding lessons, horse shows, stable, etc. Melissa discussed Town's
current Code and also PDR easement language from Easthampton and Southampton. Further discussion
and review needed. LPC was not opposed to limited riding lessons. It is likely that a Reserve Area will be
designed for some of the equestrian related uses. Melissa to continue review and discussion with
landowners as to what uses they want.
LPC appraised property several years ago and made offer. Update to appraisal n~cessary. [executive
session]
MOTION made by Lillian Ball, seconded by Chris Baiz, to direct Melissa to commission an update to
Deerkoski appraisal.
Motion carried 6/0.
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Southold Town Board - Letter Board Meeting of May 22,2007
RESOLUTION 2007-479 Item # 15
ADOPTED DOC ID: 2894
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-479 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 22, 2007:
RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and
Chapter 70 (Agricultural Lands Preservation) of the Town Code, the Town Board of the Town of
Southold hereby sets Tuesdav. June 5. 2007. at 8:00 p.m.. Southold Town Hall. 53095 Main
Road. Southold. New York as the time and place for a public hearin!!: for the purchase of a
development ri!!:hts easement on property owned bv Felix Deerkoski. Said property is
identified as part ofSCTM #1000-101-1-2.3. The address is 4600 Elijah's Lane, Mattituck, New
York. The property is located at the northwest intersection of Elijah's Lane and Wickham
Avenue where the roads meet on the northerly side of County Road 48, in Mattituck in the A-C
zoning district. The proposed acquisition is for a development rights easement on a part of the
property consisting of approximately l7ck acres of the 20.9ck acre parcel.
The exact area ofthe acquisition is subject to a Town-provided survey acceptable to the Land
Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight
thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using
Community Preservation Funds.
The property is listed on the Town's Community Preservation Project Plan as property that
should be preserved due to its agricultural and scenic values, and as an aquifer recharge area; and
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned
parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375
Route 25, Southold, New York, and may be examined by any interested person during business
hours.
Generated May 24, 2007
Page 20
Southold Town Board - Letter
~-~rt-rrt'IL
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Daniel C. Ross, Councilman
SECONDER: William P. Edwards, Councilman
AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell
Generated May 24, 2007
Board Meeting of May 22,2007
Page 21
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN RESOLVED that pursuant to the provisions of Chapter
17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of
the Town Code, the Town Board of the Town of South old hereby sets Tuesdav. June 5.
2007. at 8:00 p.m.. Southold Town Hall. 53095 Main Road. Southold. New York as
the time and place for a public hearine for the purchase of a development riehts
easement on property owned bv Felix Deerkoski. Said property is identified as part of
SCTM #1000-101-1-2.3. The address is 4600 Elijah's Lane, Mattituck, New York. The
property is located at the northwest intersection of Elijah's Lane and Wickham Avenue
where the roads meet on the northerly side of County Road 48, in Mattituck in the A-C
zoning district. The proposed acquisition is for a development rights easement on a part
of the property consisting of approximately 17ct acres of the 20.9ct acre parcel.
The exact area of the acquisition is subject to a Town-provided survey acceptable to the
Land Preservation Committee and the property owner. The purchase price is $78,000
(seventy-eight thousand dollars) per buildable acre plus acquisition costs. The easement
will be acquired using Community Preservation Funds.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural and scenic values, and as an aquifer
recharge area; and
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall
Annex, 54375 Route 25, Southold, New York, and may be examined by any interested
person during business hours.
Dated: May 22, 2007
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON MAY 31,2007. AND FORWARD ONE (I) AFFIDAVIT OF
PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK. TOWN HALL PO
BOX 1179. SOUTHOLD. NY 11971.
Copics to the following:
The Suffolk Times
Land Preservation
Town Board Members
Town Clerk's Bulletin Board
Town Attorney
SOUTHOLD TOWN BOARD
PUBLIC HEARING
June 5, 2007
8:00 PM
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural
Lands Preservation) of the Town Code, the Town Board of the Town of South old hereby
sets Tuesdav, June 5, 2007, at 8:00 p.m., Southold Town Hall, 53095 Main Road,
Southold, New York as the time and place for a public hearinl! for the purchase of a
development ri2hts easement on propertv owned bv Felix Deerkoski. Said property is
identified as part ofSCTM #1000-101-1-2.3. The address is 4600 Elijah's Lane,
Mattituck, New York. The property is located at the northwest intersection of Elijah's
Lane and Wickham Avenue where the roads meet on the northerly side of County Road
48, in Mattituck in the A-C zoning district. The proposed acquisition is for a development
rights easement on a part of the property consisting of approximately I H acres of the
20.9* acre parcel.
The exact area of the acquisition is subject to a Town-provided survey acceptable to the
Land Preservation Committee and the property owner. The purchase price is $78,000
(seventy-eight thousand dollars) per buildable acre plus acquisition costs. The easement
will be acquired using Community Preservation Funds.
The property is listed on the Town's Community Preservation Project Plan as property
that should be preserved due to its agricultural and scenic values, and as an aquifer
recharge area; and
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall
Annex, 54375 Route 25, Southold, New York, and may be examined by any interested
person during business hours.
I have a notice that it has appeared as a legal on the Town Clerk's bulletin board, also in
the local newspaper. I have a short environmental assessment form, all filled out, for
unlisted action for SEQRA and I believe those are the only documents I have in the file.
MELISSA SPIRO: Good evening, Melissa Spiro, Land Preservation Coordinator. As
mentioned, this hearing is about the Town purchasing a development rights on about 17
acres of the property by the Deerkoski family. The Deerkoski's have been thinking
about selling their development rights and talking to me and the Committee for quite
some time now. the Deerkoski' s are. they are doing some estate planning and they have
made plans so that their son, their daughter-in-law and their granddaughter, who are all
involved in the fann will be able to continue to use it for agricultural and equestrian
2
purposes into the future. The Land Preservation Committee has always felt that this farm
is a high priority for preservation, both agricultural and scenic purposes. The Committee
and I worked with the Deerkoski's to develop a plan for their farm that we felt enabled
them to continue to use the property as they desired but also to protect the scenic views
from County Route 48. The property, especially the part on 48 on the south side, well, on
the north side of 48 but on the south side of their property is highly visible from County
Route 48. The easement will allow for limited agricultural structures, within the southem
most part of the easement, basically from County Route 48 up north to where there is an
existing home. Ag structures will be allowed within the easement on the northem end of
the property. The family is reserving from the easement two acres around the existing
house on Elijah's Lane and another two acre area on the west side of the property for
future equestrian uses or any other type of future use that may not be allowed within the
easement area. There are active farms adjacent to and in the vicinity of this property and
the farm to the north is preserved already and the completion of the Deerkoski easement
will complete a block of preserved farmland running from Oregon Road south to Route
48. The Committee members and I are all enthusiastic about this property and we hope
to complete the project soon. We hope to close in the next month or two. We all thank
the Deerkoski family for contributing to the Town's land preservation efforts, as we say
each time, it can't be done without the landowners. Thanks.
SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address
the Town Board on this hearing?
COUNCILMAN WICKHAM: Is there anybody from the family here tonight? (No
response) Move we close the hearing.
* * * * *
1}j~,.L7i/)~
'i~'J~~:;;;,'~~ville
Southold Town Clerk
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Southold Town Board - Letter
Board Meeting of June 5, 2007
~~
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RESOLUTION 2007-530
ADOPTED
Item # 2'
DOC ID: 2901
/
/
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-530 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 5, 2007:
WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights
easement on a certain parcel of property owned by Felix Deerkoski pursuant to the provisions of
Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of
the Code of the TO"'11 of South old. Said property is identified as part ofSCTM #1000-101.1-2.3.
The address is 4600 Elijah's Lane, Mattituck, New York, and is located at the northwest
intersection of Elijah's Lane and Wickham Avenue where the roads meet on the northerly side of
County Road 48 in Mattituck in the A-C zoning district. The proposed acquisition is for a
development rights easement on a part of the property consisting of approximately 17", acres
(subject to survey) of the 20.9", acre parcel. The exact area of the development rights easement is
subject to a Town-provided survey acceptable to the Land Preservation Committee and the
property owner. The purchase price for the easement is $78,000 (seventy-eight thousand dollars)
per buildable acre plus acquisition costs; now, therefore, be it
RESOLVED by the Town Board of the Tovm of Southold that this action be classified as an
Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617. let. Seq.; be it
further
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Environmental Fonn
prepared for this project is accepted and attached hereto; and, be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact
on the environment and declares a negative declaration pursuant to SEQRA Rules and
Regulations for this action.
ajJ~CI.'Q,,;iJ..
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Daniel C. Ross
SECONDER: Thomas H. Wickham, Councilman
AYES: Krupski Jr., Edwards, Ross, Wickham, Russell
ABSEN'r: Louisa p, Evans
CiCllcratcd JllllC 27, 2007
Page 36
--
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I-PROJECT INFORMATION (To be completed by Applicant OR Project) Page 1 of 2
1. APPLICANT/SPONSOR: Southold Town Board I: 'IAl(('CO"ioJc:,- r ,,\..\s "'~.
2. PROJECT NAME: -\e........'f"lo....V'fcI,.,O:;J.t' 0(. ~.e.,.)
3. PROJECT LOCATION: S,..(.(!k;
Municipality: ':::oJ\-o\ ~ County:
4. PRECISE LOCATION: (Street address and toad intersections, prominent landmarks, etc, or provide map)
'5C"t""^~ 1000 - lo, I - I - "2.. '3
Y~()t> t;:\,'Ic.\"''.s. kd'\< I MA~~,,"ue~ W,{<Cl-~ Av~
N~~w.,~ t"~'"(')<4'~I""", ~ !'5li.\.....\...'s L"",....
"~
5. IS PROPOSEO ACTION:
m New C Expansion [l Modification
~..............~~.~---=---~. '"~
6. DESCRIBE PROJECT BRIEFL J, (, . lv+s t" 0.[' ':<Q.'1 i ",r(<, ')'f<p<"(~y .
-;<<rn pvrehQx 0+ ~V( O{1mo\+- ("15 ""'k",^",,,..k o-A 17 - Q..C(-PS
7. AMOUNT OF LA.,f:lD AFFECTED: .,... _~~J
INITALLY /7 - acres ULTIMATELY /7~ acres
- ... -
8. WILL PROPOSED ACTION COMPLY WITH EXIsnNG ZONING OR OTHER EXIsnNG LAND USE RESTRICTIONS?
l5?' 0
p,.&.
Yes No If No; descrrbe bnefly
, ReSidential Comllleroal Industrial Agllculture
Describe
! ~o. DO~S Ac;;,ON I~-;OLVE A PERM;':~;~ROV~~,-oR-~U;DIN~: N~W o;~-;:';;~~;T~LY;ROM~;;;;:;;;R-GOVERNMENT-;;;-
I ;ENCY ~DERAL, STATE OR LOCAL)?
I Yes No If yes, list agency(s) and permif/approvals
.,.--""
Ov:,tJ :j,o'\a '"
I-"'~~~~-"~- ._____~m~~~_~ ..--.-~-...~~.___~..._~~__n_____....__..______... __, __.
111. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL?
i Ci 1Y'
! Yes. ... No
i
~-------~..__._-.. -.---.... .~.. ... --_...-.._--_.....__...,.~~-- -.- --........-
! 12. AS RESULT OF PROPOSED ACTION WILL EXIsnNG PERMIT/APPROVAL REQUIRE MODIFICATION?
i
iI [Xl
. Yes tk,
--~~----~_._~.~~,~""~~
r
Pat kjForestjOpen space
Other
It yes, f/~.,t agency(s) and permit,lappnwa/s
r--------n---
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
!\PI,hc,'1" I"'" '" ij,,," ~f5t4-JIi10i 14,.;)Pr().~( __
",qnJl",,. ~ ~
If the action is Hl the Coastal Arc<1, ilnd you arc a st<ltC' agency, complete the CO<lstal Assessment ForlTl befOl(,
proceeding with this a<,sessmcnt
lJ"t\.q!!~7
PART II-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2
A. DOES ACTIOH EXCEED AHY TYPE ITHRESHOLD IN 6 NYCRR, PART 617.41
o Yesf{J
No If yes coordinate the review process and use the full EAF
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.61
o yesl2!' No If no, a negative declaration may be suspended by another Involved agency
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSIOCIATED WITH THE FOLLOWING:
(Answers may be handwritten, If legible)
C1. Existing air quality, surface or groundwater quality Of quantity, noise levels, existing traffic patterns soUd waste production or
diSPOSi\'x;otential for erosion, drainage or flooding problem? Explain briefly:
C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character?
ExPlt)'eJeftY:
C3, ~tation or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
C4. A community's existing plans or goals as officially adopted, or change in use or intensity of use of land or other natural resources?
EXP;t"Jriefty:
. i C5. /;!?h, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
C6. LOR~ term, short term, cumulative, or other effects not identified In Cl-CS? Explain briefly:
C7. O~he~impacts (including changes in use of either quantity of type of energy)? Explain briefly:
D. WILL THE PROJECT HAVE AH IMPACT ON THE ENVIROHMENTAL CHARACTERICSTHAT CAUSED THE ESTABLISHMENT OF A
CEA?
[J yeslri No
E. IS THERE, OR IS THERE LIKELY TO BE, COHTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
n rP
Yes No
... . .
PART Ill. DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCfIONS: For each adverse effect identified above, determine whether it Is substantial, large, or othef"1Alise significant. Each effect should
be assessed in connection with its (a) setting (I.e. urban or rural); probability of occurring; (c) duration; (dO irreversibility; (e) geographic scope;
and (f) magnitude. If necessaty, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show
that all relevant adverse impacts have been identified and adequately addressed. If question 0 of part II was checked yes, the determination and
I significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
~- Check thIS box If you have Identified one or more potenttally large or Significant adverse Impacts, whICh may occur. Then
J proceed' dtrectly to the FUll ENVIRONMETNAl ASSESSMENT FORM and/or prepare a pOSitive declaratton.
'f72O Check thiS box If you have determmed, based on the mformatton and analYSIS above and any supportmg documentatIon,
\7^"' that the proposed actton WILL NOT result many stgntftcant adverse envIronmental tmpacts AND provtde on attachments
as necessary, the reason<; supporttng t~ de ermtnatton ~
I :::Cu \c\:: ~~ ;s,o""",J
.1. . . C ~ (Ie) nc of 1-flla Agency
. .. .::>colt \;.vs
Print of type Name
Ifferent from of responsible officer) _~J
~~~u=<oo~ ~~ooo~~~~oz
u
u
u
Southold Town Board - Letter Board Meeting of June 5, 2007
RESOLUTION 2007-534 Item # 33
ADOPTED DOC ID: 2901
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-534 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTH OLD TOWN BOARD ON
JUNE 5, 2007:
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
the purchase of a development rights easement on part of a certain parcel of property owned by
Felix Deerkoski on the 5th day of June, 2007, pursuant to the provisions of Chapter 17
(Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town
Code, at which time all interested parties were given the opportunity to be heard; and
WHEREAS, said property is identified as part of SCTM #1000-101-1-2.3. The address is 4600
Elijah's Lane, Mattituck, New York, and is located at the northwest intersection of Elijah's Lane
and Wickham Avenue where the roads meet on the northerly side of County Road 48 in
Mattituck in the A -C zoning district; and
WHEREAS, the development rights easement comprises a part of the property of approximately
17ctc acres (subject to survey) of the 20.9ctc acre parcel. The exact area of the development rights
easement is subject to a Town-provided survey acceptable to the Land Preservation Committee
and the property owner; and
WHEREAS, the purchase price for the easement is $78,000 (seventy-eight thousand dollars) per
buildable acre plus acquisition costs. The easement will be acquired using Community
Preservation Funds; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as
property that should be preserved due to its agricultural and scenic values, and as an aquifer
recharge area; and
WHEREAS, the purchase of the development rights on this property is in conformance with the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands
Preservation) of the Town Code, and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront
Consistency Review) of the Town Code and Local Waterfront Revitalization Program (L WRP)
and the L WRP Coordinator has recommended that this action is consistent with the L WRP; and
WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition,
and recommends that the Town Board acquire the development rights easement; and
Generated June 27, 2007
Page 47
Southold Town Board - Letter
Board Meeting of June 5, 2007
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase the development rights on this agricultural land; now, therefore, be it
/
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a
development rights easement on agricultural land owned by Felix Deerkoski pursuant to the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands
Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM
#1000-101-1-2.3. The address is 4600 Elijah's Lane, Mattituck, New York, and is located at the
northwest intersection of Elijah's Lane and Wickham Avenue where the roads meet on the
northerly side of County Road 48, in Mattituck in the A-C zoning district. The development
rights easement comprises a part of the property of approximately 17", acres (subject to survey)
ofthe 20.9", acre parcel. The exact area of the development rights easement is subject to a Town-
provided survey acceptable to the Land Preservation Committee and the property owner. The
purchase price for the easement is $78,000 (seventy-eight thousand dollars) per buildable acre
plus acquisition costs. The easement will be acquired using Community Preservation Funds.
Town funding for this purchase is in conformance with the provisions of Chapter 17
(Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town
Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268
(Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization
Program (L WRP) and the L WRP Coordinator has recommended that this action is consistent
with the LWRP.
~~(:n~,--:l.I",
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: William P. Edwards, Councilman
AYES: Krupski Jr., Edwards, Ross, Wickham, Russell
ABSENT: Louisa P. Evans
Generatcd JUIlC 27. 2007
Page 48
c
C
L
o
S
I
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G
c
S
T
A
T
E
M
E
N
T
c
CLOSING STATEMENT
FELIX DEERKOSKI
to TOWN OF SOUTHOLD
Total Parcel Acreage - 20.8739 acres
Total Development Rights Easement - 17.201 acres
Primary Agricultural Structure Area - 8.0640 acres
Limited Agricultural Structure Area - 9.1370 acres
25'x475' wide access within easement area - 0.2726 acre
Reserve Area - 1.8365 acres
Agricultural Reserve Area - 1.8365
Premises: 4600 Elijah's Lane, Mattituck
SCTM #1000-101-1-p/o 2.3
Closing took place on Wednesday, September 19, 2007
at 11 :00 a.m., Southold Town Hall Annex
Purchase Price of $ 1,320,415.20 (based upon 16.9284 buildable acres @
$78,000/buildable acre) disbursed as follows:
Payable to Felix Deerkoski
Check #92709 (9/19/07)
$ 1,320,415.20
Expenses of Closing:
Appraisal
Payable to Patrick A. Given, SRPA
Check #80430 (3/1/05)
$
2,500.00
Updated Appraisal
Payable to Given Associates, LLC
Check #88417 (11/8/06)
$
2,000.00
Survey
Payable to John C. Ehlers Land Surveyor $ 3,750.00
Check #92597 (9/11/07)
Environmental Report {Phase I ESA\
Payable to Nelson, Pope & Voorhis, LLC $ 1,300.00
Check #92110 (7/31/07)
Title Report
Payable to Land America Commonwealth $ 6,152.00
Check # 92711 (9/19/07)
Title insurance policy $ 5,682
Recording easement & $ 320
Certified easement
Recording C&R's $ 150
Title Closer Attendance Fee
Payable to Patricia Fallon $ 100.00
Check #92710 (9/19/07)
Those present at Closing:
Scott A. Russell
Lisa Clare Kombrink, Esq.
Felix Deerkoski
Gladys Deerkoski
Abigail A. Wickham, Esq.
Patricia Fallon
Melissa Spiro
Melanie Doroski
Southold Town Supervisor
Attorney for Town of Southold
Seller
Seller's wife
Attorney for Seller
Title Company Closer
Land Preservation Coordinator
Land Preservation Sr Administrative Asst
DATE CHECK NO,
TOWN OF SOUTHOLD
53095 MAIN ROAD
SbUTI'IOLD, NEW YORK 11971,0959 CLOSING
09/19n007 92
THOUSAND FOUR HUNDRED
\ 1i1'J\~~~,
\ ',:cI'IORO!l!l,
...: ,DF,",
,';\.';""
~.,.; '. ,,--,'''; " ,,&.' _ f':I ;~.-' :'.' -,.',.' , . ..
II' :Et':X,: ElERKQSKI
.' tL ~"3).,,,
J POi; l,iGJc::,248' ,
',' Mf;.T~t\j':!J~kNY 11952
~".~'
,,";,';:,
~t7.d~~
','C:',
;:::".';}:
~ 1 . ; '" '
~
'/
lI'O.,2?0"II' .:onl.osl.r,I.':
r, 3 000001. all'
VENDOR 00399'1 FRT,TX DRRRKOSKT
,r
Og/lg/::>007
r'HRr'K
q?7nq
"
FlRID S. ..7\..CCOrnJ'I'
['.0.# nl'.'OICE
DE.JCRIF'fION
1<H6UN'f
H2 .8686.2.000.000
091907
DEV RIGHTS-16.9 1,320,415.20
TOTAL
1,320,415.20
'-
../
TOWI, OF SOUTHOLD . SOUTH OLD, NY 11971,0959
~GIVEN
ASS 0 C I ATE S
PATRICK A. GIVEN, SRPA
box 5305' 550 route 111 . hauppauge, n.y. 11788-0306
(631) 360-3474
FAX 360-3622
February 18, 2005
Melissa Spiro, Land PreseNation Coordinator
Town of Southold
Land PreseNation Committee
53095 Main Road
Southold, N.Y. 11971
rB) IE ~ IE ~ W lE ~'~:
Ull FED 2~2005 lL! .
Re: Appraisal of Property of Felix & Gladys Deerkoski
Located West side of Elijahs Lane, Mattituck, NY
File# 2004288
GLI08S 20
View 1
Vendor.. 007416
Y=SeIect
JE Date Trx.Date Fund Account
------------------------- Use Acti
4/20/2004 4/20/2004 H3 .600
9/07/2004 9/07/2004 H3 .600
11/04/2004 11/04/2004 H3 .600
11/30/2004 11/30/2004 H3 .600
12/28/2004 12/28/2004 H3 .600
~ 3/01/2005 3/01/2005 H3 .600
3/01/2005 3/01/2005 H3 .600
TOWN OF SOUTHOLD
** Actual Hi
GIVEN, SRPA/PATRICK
-------------------------------- E
=Shift Up F3=Exit FIO=Prev View
uc1ect Record(s) or Use Action Code
$2,500.00
Disburs Inquiry by Vendor Name
............. .Detai1--GL100N..............
W-03012005-123 Line: 152 Formula: 0
Account.. H3 .600
Acct Desc ACCOUNTS PAYABLE
Trx Date..... 3/01/2005 SDT 3/02/05
Trx Amount... 2,500.00
Description.. APPRAISAL-DEERKOSKI
Vendor Code.. 007416
Vendor Name.. GIVEN, SRPA/PATRICK A.
Alt Vnd. .
CHECK........ 80430 SCNE
Invoice Code. 2004288
VOUCHER. . . . . .
P.O. Code.... 13453
Project Code.
Final Payment F Liquid.
Type of 1099. M BOX. 07 Addl.
Fixed Asset.. Y
Date Released 3/01/2005
Date Cleared. 3/31/2005
F3=Exit F12=Cancel
. .
......................................... .
~G IVEN
ASS 0 C I ATE S
548 Route 111/ PO Box 5305
Hauppauge, NY 11788
631-360-3474 Fax 631-360-3622
Bill To
Melissa Spiro
Land Preservation Coordinator
Town of Southold
P.O. Box 1179
Southold, NY 11971
I
Invoice
Date Invoice #
10/1912006
141
Please make check payable to: GIVEN ASSOCIATES, LLC. File No. Terms
2006261 Due upon Receipt
Description Amount
Appraisal of Real Property of Felix Deerkoski Located 2,000.00
West side of Elijahs Lane, Mattituck, NY
S.C.T.M. #1000-101-1-2.3
Disburs Inquiry by Vendor Name
Hi ............. .Detail--GL100N. . . . . . . . . . . . . .
LL W-11082006-361 Line: 223 Formula: 0
Account.. H3 .600
Acct Desc ACCOUNTS PAYABLE
Trx Date..... 11/08/2006 SDT 11/06/06
Trx Amount... 2,000.00
Description.. DEERKOSKI UPDATE
Vendor Code.. 007416
Vendor Name.. GIVEN ASSOCIATES LLC
Alt Vnd. .
CHECK........ 88417
Invoice Code. 141
VOUCHER. . . . . .
P.O. Code.... 15940
Project Code.
Final Payment F Liquid.
Type of 1099. M BOX. 07 Addl.
Fixed Asset.. Y
Date Released 11/08/2006
Date Cleared. 11/30/2006
F3=Exit F12=Cancel
GLI08S 20
View 1
Vendor.. 007416
Y=Select
JE Date Trx.Date Fund Account
------------------------- Use Acti
2/28/2006 2/28/2006 H3 .600
3/28/2006 3/28/2006 H3 .600
5/09/2006 5/09/2006 H3 .600
7/11/2006 7/11/2006 A .600
7/25/2006 7/25/2006 H3 .600
8/08/2006 8/08/2006 H3 .600
9/05/2006 9/05/2006 H3 .600
10/17/2006 10/17/2006 H3 .600
~ 11/08/2006 11/08/2006 H3 .600
11/08/2006 11/08/2006 H3 .600
12/05/2006 12/05/2006 H3 .600
1/16/2007 1/16/2007 H3 .600
1/16/2007 1/16/2007 H3 .600
1/16/2007 1/16/2007 H3 .600
1/30/2007 1/30/2007 H3 .600
------------------------- Use Acti
=Shift Up F3=Exit FIO=Prev View
_~lect Record(s) or Use Action Code
TOWN OF SOUTHOLD
** Actual
GIVEN ASSOCIATES
SCNB
. .
......................................... .
JOHN C. EHLERS LAND SURVEYOR
6 East Main Street
Riverhead, NY 11901
Phone: 631-369-8288
Fax: 631-369-8287
--:~'-
.~
Bill To
Town of Southold
Dept. of Land Preservation
Town Hall Annex
Southold. NY 11971
Invoice
Date Invoice #
8/22/2007 2006604
Your Ciient
-:-
SCTM# My Job #
1000-101-1-2.3
Date of Service Description Amount
Current survey of 20.9 Acre parcel for Deveiopment Ri9hts 3.750.00
Purchase. D~'{)s k I
GLI08S 20
View 1
Vendor.. 005322
Y=Select
JE Date Trx.Date Fund Account
------------------------- Use Acti
12/19/2006 12/19/2006 H3 .600
3/13/2007 3/13/2007 H3 .600
5/08/2007 5/08/2007 H2 .600
7/03/2007 7/03/2007 H2 .600
~ 9/11/2007 9/11/2007 H2 .600
TOWN OF SOUTHOLD
** Actual Hi
EHLERS/JOHN C.
-------------------------------- E
F2=Shift Up F3=Exit FIO=Prev View
r lect Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
. . . . . . . . . . . . . .Detail--GL100N. . . . . . . . . . . . . .
W-09112007-102 Line: 126 Formula: 0
Account.. H2 .600
Acct Desc ACCOUNTS PAYABLE
Trx Date..... 9/11/2007 SDT 9/07/07
Trx Amount... 3,750.00
Description.. SURVEY-DEERKOSKI PROPTY
Vendor Code.. 005322
Vendor Name.. EHLERS/JOHN C.
Alt Vnd..
CHECK........ 92597 SCNB
Invoice Code. 2006604
VOUCHER. . . . . .
P.O. Code.... 16917
Project Code.
Final Payment F Liquid.
Type of 1099. M BOX. 07 Addl.
Fixed Asset.. Y
Date Released 9/11/2007
Date Cleared.
F3=Exit F12=Cancel
. .
......................................... .
Nelson, Pope & Voorhis, LLC
572 Walt Whitman Road Phone: 631-427-5665
Melville ~7 Fax: 631-427-5620
Property: 07134 Project: V A02392
4600 Elijah's Lane, Mattituck
Manager: McGinn, Steven
~
Invoice
Invoice #:
5049
July 13,2007
To:
Town of South old Dept of Land Preserv
Town Hall
53095 State Rt 25, PO Box 1179
Southold NY 11971
Attention: Melanie Doroski
Invoice Date:
Invoice Amount
$1,300.00
MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS
Contract Item #1: Prepare Phase I Environmental Site Assessment
Work Performed thru 6/19/07
Contract Amount:
Percent Complete:
Fee Earned:
Prior Fee Billings:
$1,300.00
100.00%
$1,300.00
$0.00
Current Fee Total:
$1,300.00
$1,300.00
*** Total Project Invoice Amount
GLl08S 20
View 1
Vendor.. 014161
Y=Select
JE Date Trx.Date Fund Account
------------------------- Use Actl
7/17/2007 7/17/2007 B .600
7/17/2007 7/17/2007 B .600
7/17/2007 7/17/2007 B .600
7/31/2007 7/31/2007 H2 .600
7/31/2007 7/31/2007 H2 .600
~ 7/31/2007 7/31/2007 H2 .600
7/31/2007 7/31/2007 H2 .600
TOWN OF SOUTHOLD
** Actual Hi
NELSON, POPE & VOOR
Disburs Inquiry by Vendor Name
. . . . . . . . . . . . . .Detai1-~GL100N. . . . . . . . . . . . . .
W-07312007-770 Line: 211 Formula: 0
Account.. H2 .600
Acct Desc ACCOUNTS PAYABLE
Trx Date..... 7/31/2007 SDT 7/27/07
Trx Amount... 1,300.00
Description.. DEERKOSKI-PHASE 1 ESA
Vendor Code.. 014161
Vendor Name.. NELSON, POPE & VOORHIS,
Alt Vnd. .
CHECK. . . . . . .. 92110
Invoice Code. 5049
VOUCHER. . . . . .
P.O. Code.... 16918
Project Code.
Final Payment
Type of 1099.
Fixed Asset. .
Date Released
Date Cleared.
F3=Exit F12=Cancel
SCNB
Liquid.
BOX. 07
F
M
Y
7/31/2007
Addl.
-------------------------------- E
F2=Shift Up F3=Exit FlO=Prev View
Select Record(s) or Use Action Code
. .
......................................... .
fJjL~
COMMONWEALTH LAND TITLE INSURANCE COMPANY
185 Old Country Road, P. O. Box 419, Riverhead, New York 11901
631-727-7760 fax 631-727.7818
hlrJ13CJ071.J1 Date qll't/oJ
.
Title No.
FEE INSURANCE COVERAGE VI /,3,),0.1/ /.[;, d6 PREMIUM $ SfogJ.dtJ
FAIR MARKET VALUE RIDER (OPTIONAL) PREMIUM
MORTGAGE INSURANCE COVERAGE PREMIUM
ENDORSEMENTS: Environmental
Waiver of Arbltratiun
Residential
Adjwtable Rate Rider
NEW YORK STATE TRANSFER/MANSION TAX
MORTGAGE TAX (Mortgagee)
MORTGAGE TAX (Mortgagor)
COMMUNITY PRESERVATION FUND
SURVEY INSPECTION
DEPARTMENTALSEARCIlES
STREET REPORT
ESCROW DEPOSrf
ESCROW DEPOSIT FEE
BANKRUPTCY SEARCH
RECORDING FEES: , I IJ d-tA. A.
rI ) BEIffl(B) ,91 ,.. J d l1e, lj tv> 1->1- t'LIf. l1#h. .3,JI'J.tJO
( ) SA TISF ACTION(S) lJ v (J v (/
( ) MORTGAGE(S)
( ) CONSOLIDATION, EXTENSION & MODIFICATION AGREEMENT(S)
( ) MORTGAGE AFFlDA vrr(S)
( ) ASSIGNMENT(S)
C)) {'flY ~ . .-1:. t4J ~f . +.;." ISO. 0lJ
TOTAL CHARGES $ /~/'~,/)O
CLOSER CUARGES, IF ANY: PICK-lIP FEE
OTHER:
PATRICIA L. FALLON
TrfLE CLOSER
.~
/ fJ-.W
~)1
;J';,~:.:' . ;;'. ......fil... ~ TOWN OF SOUTHOLD
":::(11 --'1"\-- ,'" -'II' ","", ,. l ' ", 'It "'I';' " ',' " ".Il9~MAU'R OA~
j '::"~-;j ; :::;::-, ~"::m:-:,:';: ;I::__.-_(;t;-_~~\f~f.:;~_:;:::;!-:~.;;';HJ' " ";-:'_--:_"_i?':'-~:;)~ ~I"'! __ t'\iJ.
r1\!llI li~f<<i~!~rl:~tr'~~:i;:;l~i~g.:;~:;\". ",,' ',; '. ,', S~ljiH~?:Nt;WYORK 11971-0959
:,: m::::: 1Il'::E: m",.c 1lI",;~ !Ik":;' IlL ;, ;l\.:, 1\;7.. ;", .. "
1=\11 =,111 "'""'\Ii =1\1;,::::11\ '."11' ~,: ill ," "I' ~\" '
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\ """, =\11 =\"\='11=1'1""'\\'" "II ',.."l "., .',
:~\\~\~'li\':.-~TI'I~:-I\i,I:f:H'\;-~~i~;';~;:""";;""'" , '.. "
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H2 . 8686 , 2 , 000 . 000
H2 ,8686, 2 . 000 . 000
16915
16915
16915
RH07300744
RH07300744
RH07300744
TITLE POLICY-DEERKO 5,682.00
REC/CERT COPY-DEERKOS 320.00
REC C&R'S-DEERKOSKI 150.00
TOTAL
6,152,00
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TOWN OF SOUTH OLD . SOUTHOLD, NY 11971.0959
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, TH!:
'ORDER
, 'OF"
,BAT~1CIA FALL(jN
40,WHITE (jAK LANE
SmprHAMPTON NY 11968
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H2 . 8686 . 2 . 000 . 000
RH07300744
TITLE CLOSER-DEERKOSK 100.00
TOTAL
100.00
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TOWN OF SOUTHOLD . SOUTHOLD, NY 11971-0959
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP
Number of Pages: 19
Receipt Number : 07-0089112
TRANSFER TAX NUMBER: 07-05657
District:
1000
Section:
101.00
EXAMINED AND
$0.00
Block:
01.00
CHARGED AS
FOLLOWS
",ed Amount:
Received the Following Fees For
Above Instrument
Exempt
NO
NO
NO
NO
NO
Page/Filing
COE
TP-584
Cert.Copies
Transfer tax
$57.00
$5.00
$5.00
$12.35
$0.00
Handling
NYS SRCHG
Notation
RPT
Comm.Pres
Fees Paid
Recorded:
At:
09/24/2007
09:06:40 AM
LIBER:
PAGE:
D00012523
409
Lot:
002.006
$5.00
$15.00
$0.00
$50.00
$0.00
$149.35
TRANSFER TAX NUMBER: 07-05657
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
f~Ti~.J~~l{I==~'~,
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L--____-J
DEPf OF ,'j:jD
rqc~: V,'/:;I;- ,"/
Exempt
NO
NO
NO
NO
NO
[!][iJ
Number of pages
TORRENS
q
Serial #
Certificate #
Prior Of. #
Deed I Mortgage Instrument
Deed / Mortgage Tax Stamp
3
FEES
-
Page I Filing Fee
Handling
5. 00
5-
TP-584
Notation
iP1-
FA-52 17 (County)
EA-5217 (State)
R.P.TS.A.
Suh Total
SC) 00
Comm. of Ed.
5. 00
Affidavi.~.~..______ 0
(Certi~edC:OPYY
NYS Surcharge
Other
f 02. y)
IS. 00 Q,--, ':1."-
Sub Total O. 0( ~
Grand Total / ~ q '3 6- ~
4
Real Property
Tax Service
Agency
Verification
07028662
/p T s
(RLPA A
~1-SEP-Ol
-------~
1000 10100 0100 002006
1000 10100 0100 002007
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
Lisa Clare Kombrink, Esq.
215 HampLm Road
Southampton, NY 11968
7
8
Suffolk Count
This page forms part of the attached
--nee d oS \( ;
..xx
RECO~:[:H'
2007 SeD 24 09:06:40 RM
Judith H. Pascale
CLERk: OF
SUFFOLK COIj~W{
L 000012523
P 409
[1T#- 07-05657
Recording I Filing Stamps
Mortgage Aml.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./ Assit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town _ Dual County
Held for Appointment
Transfer Tax .-1:1'
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.
-0'
5 Community Preservation Fund
Consideration Amount $ / I j
CPF Tax Due
$
.RY
Improved
Vacant Land V
TD
/ tfISD
TD
TD
e
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
SDJ-rhO I d
~o'l'i (\ 0 rSOJ--rhol J
In the Township of
In the VILLAGE
or HAMLET of
HOXES 6 THRU S ,lUST He TYPED OR PRINTED IN 8LACK INK UNLY PRIOR TU RECORDING OR FILING.
(O\"l'r)
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS DEED OF DEVELOPMENT RIGHTS EASEMENT is made on the 19th
day of sep~~er 2007 at Southol~k,New lork. The parties are Felix
Deerkoski" . . Sox 24~'~j:j~ftif:ut~, ~Y'1i'952 (herein called "Grantor"), and
the TOWN OF SOUTHOLD, a municipal corporation, having its principal office
at 53095 Main Road, P.O. Box 1179, Southold, New York (herein call
"Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, identified as part
of SCTM #1000-101-1-2.3 more fully described in SCHEDULE A, including a
"Limited Agricultural Area" and a "Primary Agricultural Structure Area",
attached hereto and made a part hereof and shown on the survey prepared
by John Ehlers Land Surveyor, dated June 14, 2007 and last revised August
31, 2007 a reduced copy of which is attached hereto and made a part hereof
(the "Survey"), hereinafter referred to as the "Property"; and
WHEREAS, the Property is located in the A-C Zoning District of the
Town of South old ; and
WHEREAS, the Property contains soils classified as Class I and Class II
worthy of conservation as identified by the United States Department of
Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New
York; and
WHEREAS, the Property is part of the New York State Agricultural
District # 1, and the Grantor wishes to continue using the Property for
agricultural production as defined in this Easement; and
WHEREAS, the Property is currently used as a horse farm and for field
crops; and
WHEREAS, it is the policy of the Town of Southold, as articulated in
the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by
the Town Board, Town of South old, and Section 272-a of the Town Law to
protect environmentally sensitive areas, preserve prime agricultural soils, to
protect the scenic, open space character of the Town and to protect the
Town's resort and agriculturai economy; and
WHEREAS, the Property in its present scenic and agricultural condition
has substantial and significant value as an aesthetic and agricultural
resource since it has not been subject to any development; and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property is located, and Grantor and
Grantee have, in common, the purpose and objective of protecting and
conserving the present state and inherent, tangible and intangible values of
the Property as an aesthetic, natural, scenic and agricultural resource; and
WHEREAS, Grantee has determined it to be desirable and beneficial
and has requested Grantor, for itself and its successors and assigns, to grant
a Development Rights Easement to Grantee in order to restrict the further
development of the Property while permitting compatible uses thereof;
NOW THEREFORE, in consideration of ONE MILLION THREE HUNDRED
TWENTY THOUSAND FOUR HUNDRED FIFTEEN AND 20/100 Dollars
($1,320,415.20) and other good and valuable consideration paid to the
Grantor, the receipt of which is hereby acknowledged, the Grantor does
hereby grant, transfer, bargain, sell and convey to the Grantee a
Development Rights Easement, in gross, which shall be binding upon and
shall restrict the premises shown and designated as the Property herein,
more particularly bounded and described on Schedule "Au annexed hereto
and made a part of this instrument.
TO HAVE AND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the direct use and benefit of the Grantor, its legal
representatives, successors and assigns, the exclusive right of occupancy
and of use of the Property, subject to the iimitations, condition, covenants,
agreements, provisions and use restriction hereinafter set forth, which shall
constitute and shall be servitudes upon and with respect to the Property.
The Grantor, for himself, and for and on behalf of his legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
0.01 Grantor's Warrantv
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens and possesses the right to grant this easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the State of
New York State and is authorized under Section 64 of the New York State
Town Law and Section 247 of the New York General Municipal Law to acquire
fee title or lesser interests in land, including development rights, easements,
covenants, and other contractual rights which may be necessary or desirable
for the preservation and retention of agricultural lands, open spaces and
natural or scenic resources.
0.03 Puroose
The parties recognize the environmental, natural, scenic and
agricultural values of the Property and have the common purpose of
preserving these values. This Deed is intended to convey a Development
Rights Easement on the Property by Grantor to Grantee, exclusively for the
purpose of preserving its character in perpetuity for its environmental,
scenic, agricultural and natural values by preventing the use or development
of the Property for any purpose or in any manner contrary to the provisions
hereof, in furtherance of federal, New York State and local conservation
policies.
0.04 Governmental Recoonition
New York State has recognized the importance of private efforts to
preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of Generai Municipal Law Section
247. Similar recognition by the federal government includes Section 170(h)
of the Internal Revenue Code and other federal statutes.
0.05 Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. In order to aid in identifying and documenting
the present condition of the Property's natural, scenic, agricultural and
aesthetic resources and otherwise to aid in identifying and documenting the
Property's agricultural values as of the date hereof, to assist Grantor and
Grantee with monitoring the uses and activities on the Property and ensuring
compliance with the terms hereof, Grantee has prepared, with Grantor's
cooperation, a survey dated June 14, 2007 last revised August 31, 2007
prepared by John C. Ehlers Land Surveyor, and a Phase 1 Environmental
Site Assessment dated June 19, 2007 by Nelson, Pope & Voorhis, LLC.
0.06 Recitation
In consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained in this Development Rights
Easement, the parties agree upon its provisions, intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Tvpe
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall include
any and all of those limitations, covenants, use restrictions, rights, terms
and conditions.
1.02 Definitions
"Development Rights" shall mean the permanent legal interest and
right to prohibit or restrict the use of the Property for anything other than
agricultural production as that term is presently referenced in 9247 of the
General Municipal Law and/or defined in Chapter 70 of the Town Code of the
Town of Southold (the "Code") and including the production of crops,
livestock and livestock products as defined in Section 301(2)(a)-(i) of the
NYS Agriculture and Markets Law, now or as it may be amended. No future
restrictions or limitation in the definition shall preclude a use which is
permitted under the current law and/or code.
"Equestrian Rights" shall mean the right to use the Property and to
erect structures for the purpose of boarding, breeding, raising and training
of horses or other equines. The term "equestrian rights" shall not include
equine events such as rodeos, horse shows or polo matches where
spectators are expected to attend.
1.03 Duration
This Easement shall be a burden upon and run with the Property in
perpetuity.
;
1. 04 Effect
This Easement shall run with the Property as an incorporeal interest in
the Property, and shall extend to and be binding upon Grantor, Grantor's
agents, tenants, occupants, heirs, personal representatives, successors and
assigns, and all other individuals and entities. The word "Grantor" when
used herein shall include all of those persons or entities. Any rights,
obligations, and interests herein granted to Grantee shall also be deemed
granted to each and everyone of its subsequent agents, successors, and
assigns, and the word "Grantee" when used herein shall include all of those
persons or entities.
ARTICLE TWO
SALE
GRANTOR, for good and valuable consideration, hereby grants,
releases, and conveys to Grantee this Easement, in perpetuity, together with
all rights to enforce it. Grantee hereby accepts this Easement in perpetuity,
and undertakes to enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or within the Property:
3.01 Structu res
No structures may be erected or constructed on the Property except as
permitted by the Southold Town Land Preservation Committee and other
applicable provisions of the Town Code and 4.06 of this Easement. For
purposes of this Easement, "structure" shall be defined as anything
constructed or erected on or under the ground or upon another structure or
building, including walkways. Structures shall not include trellis, fences,
posts and wiring, farm roads or farm irrigation systems, nursery mats,
drinking troughs, jumps, or fencing used in connection with equestrian uses
and bonafide agricultural production, including without limitation fencing to
keep out predator animals. Approvals for these shall be as required by
applicable provisions of the Town Code.
3.02 Excavation and Removal of Materials: Minina
The excavating or filling of the Property, except as may be necessary
to construct and maintain permitted structures and improvements on the
Property or in connection with necessary drainage or soil conservation
programs, shall be prohibited, without the prior written consent of Grantee.
Mineral exploitation, and extraction by any method, surface or subsurface, is
prohibited. The removal of topsoil, sand, or other materials shall not take
place, nor shall the topography of the Property be changed except to
construct and maintain the permitted structures and improvements on the
Property and for purposes of erosion control and soil management, or in
connection with normal agricultural/horticultural activities, without the prior
written consent of Grantee.
~
3.03 Subdivision
The Property may not be further subdivided pursuant to Town Law
Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they
may be amended, or any other applicable State or local law, except as
provided herein. "Subdivision" shall include the division of the portion of the
Property from which the development rights are acquired into two or more
parcels, in whole or in part. Notwithstanding this provision, the underlying
fee interest may be divided by conveyance of parts thereof to heirs or next
of kin by will or operation of law. Further, notwithstanding the restrictions
contained in this 3.03, Grantor may, subject to approval by the Planning
Board of the Town of Southold and as otherwise required by the Town Code,
reconfigure existing property lines with contiguous parcels for the purpose of
agricultural production. All reconfigured parcels must contain at least 10
acres of preserved land.
3.04 DUmDinq
The dumping or accumulation of unsightly or offensive materials
including, but not limited to trash, garbage, sawdust, ashes or chemical
waste on the Property shall be prohibited. This prohibition shall exclude
materials used in the normal course of sound agricultural practices, including
fertilization, manure collection, spreading and disposal all in accordance with
acceptable horse farming practiceland applicable law, composting and crop
removal. Dr oi\-u- N2(lCU\-\uvuJ f"ad-,,,--, -;:t Q
3.05 Siqns
The display of signs, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not significantly
diminish the scenic character of the Property and only for any of the
following purposes: (a) to state the name of the Property and the names
and addresses of the occupants and the character of the business conducted
thereon, (b) to temporarily advertise the Property or any portion thereof for
sale or rent, (c) to post the Property to control unauthorized entry or use, or
(d) with the consent of the Grantor, to announce Grantee's easement. Signs
are subject to regulatory requirements of the Town.
3.06 Utilities
The creation or placement of overhead utility transmission lines, utility
poles, wires, pipes, wells or drainage systems ("utilities") on the Property to
service structures approved pursuant to Section 4.06 shall be prohibited
without the prior written consent of the Grantee Utilities must, to the extent
possible, be constructed within 30 feet of the centerline of any roads or
driveways, and may be used solely to service the permitted structures on
the Property. The Property may not be used for the creation or placement of
utilities to service any other properties.
3.07 Prohibited Uses
Except for uses specifically permitted by this Easement, the use of the
Property or structures on it for any residential, commercial or industrial
uses, permanent or temporary, shall be prohibited. For the purposes of this
section, agricultural production, as referenced in Section 247 of the General
Municipal Law and/or defined in Chapter 70 of the Town Code, and including
the production of crops, livestock and livestock products as defined in
:'
Section 301(2)(a)-(i) of the NYS Agriculture and Markets Law, now or as It
may be amended, shall not be considered a commercial use. No
improvements or activity inconsistent with current or future agricultural
production shall be permitted in the Property. The use of the Property for
public parking shall be prohibited.
3.08 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or
erosion or pollution of any surface or subsurface waters shall be prohibited.
This prohibition shall not be construed as extending to agricultural
operations and practices (including, without limitation, the use of
agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that
are in accordance with sound agricultural management practices.
3.09 Drainaoe
The use of the Property for a leaching or sewage disposal field shall be
prohibited. The use of the Property for a drainage basin or sump shall be
prohibited, except in accordance with sound agricultural management
practices and in order to control flooding or soil erosion on the Property.
3.10 Develooment Riohts
The use of the acreage of this Property for purposes of calculating lot
yield on any other Property shall be prohibited. Grantor hereby grants to
Grantee all existing development rights (and any further development rights
that may be created through a rezoning of the Property) on the Property,
except for the rights specifically permitted by this Easement and the right to
construct, maintain and replace any pre-existing structures, and to construct
new structures, as such rights may be provided in Section 4.06, and the
parties agree that any other such development rights shall be terminated
and extinguished and may not be used or transferred to any other parcels.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownershio
Subject to the provisions of ARTICLE THREE, Grantor shall retain all
other rights of ownership in the Property, some of which are more
particuiarly described in this ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession of the
Property.
4.03 Use
Grantor shall have the right to use the Property in any manner and for
any purpose consistent with and not prohibited by this Easement as well as
applicable local, State, or federal law.
(,
.4.04 Landscaoinq Activities
Grantor shall have the right to continue the current and/or customary
modes of landscaping, pruning and grounds maintenance on the Property.
Grantor shall have the right to remove or restore trees, shrubs, or other
vegetation when dead, diseased, decayed or damaged or interfering with
agricultural production, to thin and prune trees to maintain or improve the
appearance of the property, and to mow the property.
4.05 Aqricultural Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is referenced in Section 247 of the General Municipal
Law and/or defined in Chapter 70 of the Town Code, and including the
production of crops, livestock and livestock products as defined in Section
301(2)(a)-(i) of the NYS Agriculture and Markets Law, now or as it may be
amended and equestrian rights as defined in Section 1.02. Notwithstanding
the definition of agricultural production in Chapter 70 of the Town Code,
structures shall be prohibited except as set forth in Section 4.06.
4.05A. Equestrian Activities
Grantor shall have the right to conduct certain equestrian activities on
the Property, including those equestrian rights defined in Section 1.02, and
the right to provide horseback riding instruction and to let horses for
instruction and/or for riding. Horseback riding instruction and the letting of
horses for instruction and/or for riding shall be conducted primarily within
the area designated on the Survey as the "Reserve Area" and secondarily on
the Property.
4.06 Structures
A. Allowable Improvements. Grantor shall have the right to erect and
maintain the following improvements on the Property, as may be permitted
by the Code of the Town of Southold and subject to the approval of the
Town of Southold Land Preservation Committee, provided the improvements
are consistent with and do not derogate from or defeat the Purpose of this
Easement or other applicable laws:
(i) Underground facilities used to supply utilities solely for the
use and enjoyment of the Property;
(ii) Within the "Primary Agricultural Structure Area," described
on Schedule "B" attached and made a part hereof, new
construction, including drainage improvement structures,
provided such structures are necessary for or accessory to
agricultural production, but not to include an indoor riding
ring;
(iii) Within the "Limited Agricultural Structure Area" described
on Schedule "C" attached and made a part hereof, not
more than two run-in sheds, not to exceed 24' x 36' each,
and fencing related to equestrian or agricultural uses, ali
subject to approval from the Land Preservation Committee
as to location and design;
(iv) Renovation, maintenance and repairs of structures built or
permitted pursuant to this Section 4.06.
o
,
(v) Twenty-five foot (25') wide access way to the "Agricultural
Reserve Area" from Elijah's Lane, for a driveway, utilities
for the Property and the "Agricultural Reserve Area", and
other access uses to the Property only.
(vi) Specific improvements not included as structures in
Section 3.01 of this Easement.
B. Conditions. Any allowable improvements shall protect prime
agricultural soils, agricultural production, open space and scenic vistas, and
otherwise be consistent with the Purpose of this Easement.
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent with
the purposes intended herein, and construction of any such improvement
shall minimize disturbances to the environment. Grantor shail employ
erosion and sediment control measures to mitigate any storm water runoff,
including but not limited to minimai removal of vegetation, minimal
movement of earth and minimal clearance of access routes for construction
vehicles.
D. Replacement of Improvements. In the event of damage resulting
from casualty loss to an extent which renders repair of any existing
improvements impractical, erection of a structure of comparable size, use,
and general design to the damaged structure shall be permitted in kind and
within the same general location subject to the review and written approval
of Grantee, pursuant to applicable provisions of the Town Code.
E. Parking Prohibited. Public parking shall be prohibited on the
Property.
4.07 Notice
Grantor shall notify Grantee, in writing, before the construction of any
permanent or temporary structures as permitted in Section 4.06 herein and
shall file all necessary applications for approvals that may be required by
this Easement or by the Town Code of the Town of Southoid, and shall
provide documentation as may be required for such applications.
4.08 Alienabilitv
Grantor shall have the right to convey, mortgage or lease all of its
remaining interest in the Property but only subject to this Easement.
Grantor shall promptly notify Grantee of any conveyance of any interest in
the Property, including the full name and mailing address of any transferee,
and the individual principals thereof, under any such conveyance. The
instrument of any such conveyance shall specifically set forth that the
interest thereby conveyed is subject to this Easement, without modification
or amendment of the terms of this Easement, and shall incorporate this
Easement by reference, specifically setting for the date, office, liber and
page of the recording hereof. The failure of any such instrument to comply
with the provisions hereof shall not affect Grantee's rights hereunder.
R
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and
other governmental or municipal charges, which may become a lien on the
Property, including any taxes or levies imposed to make those payments
subject, however, to Grantor's right to grieve or contest such assessment
and defer payment pending such action. The failure of Grantor to pay all
such taxes, levies and assessments and other governmental or municipal
charges shall not cause an alienation of any rights or interests acquired
herein by Grantee.
5.02 Indemnification
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or
any of its officers, employees, agents or independent contractors, all of
which shall be reasonable in amount and actually adjudicated. arising from
injury due to the physical maintenance or condition of the Property caused
by Grantor's actions or inactions or from any taxes, levies or assessments
upon it or resulting from this Easement, all of which shall be considered
Grantor's obligations.
5.03 Third Partv Claims
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or
any of its officers, employees, agents or independent contractors, all of
which shall be reasonable in amount and actually adjudicated, resulting: (a)
from injury to persons or damages to property arising from any activity on
the Property, except those due solely to the acts of the Grantee, its officers,
employees, agents, or independent contractors; and (b) from actions or
claims of any nature by third parties arising out of the entering into or
exercise of rights under this easement, excepting any of those matters
arising solely from the acts of Grantee, its officers, employees, agents, or
independent contractors.
5.04 Grounds Maintenance Requirement
If Grantor leaves the Property open and does not engage in agricultural
production, then Grantor shall continue the current modes of landscaping,
pruning and grounds maintenance. In the event Grantor fails to compiy with
the provisions of this section after reasonable notice is given to Grantor by
Grantee, then, in addition to all other remedies set forth herein, Grantee or
its agents are hereby authorized to enter upon the Property to perform such
maintenance.
'J
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entrv and InsDectiDn
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior notice to Grantor, not more frequently than annually, and
in a manner that will not interfere with Grantor's quiet use and enjoyment of
the Property, for the purpose of inspection to determine whether this
Easement and its purposes and provisions are being upheld. Grantee shall
not have the right to enter upon the Property for any other purposes, except
as provided in Section 5.04 and 6.03, or to permit access upon the Property
by the public.
6.02 Restoration
Grantee shall have the right to require the Grantor to restore the
Property to the condition required by this Easement and to enforce this right
by any action or proceeding that Grantee may reasonably deem necessary.
However, Grantor shall not be liable for any changes to the Property
resulting from causes beyond the Grantor's control, including, without
limitation, fire, flood, storm, earth movement, wind, weather or from any
prudent action taken by the Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to persons or to the Property or crops,
livestock or livestock products resulting from such causes.
6.03 Enforcement Riqhts of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be inadequate. Therefore, in addition to,
and not in limitation of, any other rights of Grantee hereunder at law or in
equity, in the event any breach, default or violation of any term, provision,
covenant or obligation on Grantor's part to be observed or performed
pursuant to this Easement is not cured by Grantor within fifteen (15) days
notice thereof by Grantee (which notice requirement is expressly waived by
Grantor with respect to any such breach, default or violation which, in
Grantee's reasonable judgment, requires immediate action to preserve and
protect any of the agricultural values or otherwise to further the purposes of
this Easement), Grantee shall have the right at Grantor's sole cost and
expense and at Grantee's election,
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii) To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
such breach, default or violation to the condition that existed
prior thereto, or
(iii) To seek or enforce such other legal and/or equitable relief or
remedies as Grantee deems necessary or desirable to ensure
compliance with the terms, conditions, covenants, obligations
and purposes of this Easement; provided, however, that any
failure, delay or election to so act by Grantee shall not be
deemed to be a waiver or a forfeiture of any right or available
remedy on Grantee's part with respect to such breach, default,
](j
or violation or with respect to any other breach, default or
violation of any term, condition, covenant or obligation under
this Easement.
The cure period in this Section 6.03 may be extended for a reasonable time
by Grantee if such restoration cannot reasonably accomplished within 15
days.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered by hand or registered mail, return receipt requested, or by certified
mail, with sufficient prepaid postage affixed and with return receipts
requested. Mailed notice to Grantor shall be addressed to Grantor's address
as recited herein, or to such other address as Grantor may designate by
notice in accordance with this Section 6.04. Mailed notice to Grantee shall
be addressed to its principal office, recited herein, marked for the attention
of the Supervisor and the Town Attorney, or to such other address as
Grantee may designate by notice in accordance with this Section 6.04.
Notice shall be deemed given and received as of the date of its manual
delivery or three business days after the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX
shall not have the effect of waiving or limiting any other remedy or relief,
and the failure to exercise or deiay in exercising any remedy shall not
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief at any other time.
6.06 Extinouishment/Condemnation
At the mutual request of Grantor and Grantee, a court with jurisdiction
may, if it determines that conditions surrounding the Property have changed
so much that it becomes impossible to fulfill the Purpose of this Easement
described in Section 0.03, extinguish or modify this Easement in accordance
with applicable law. In that case, the mere cessation of farming on the
Property shall not be construed to be grounds for extinguishment of this
Easement.
If at any time the Property or any portion thereof shall be taken or
condemned by eminent domain, by the Grantee or by any other
governmental entity, then this Easement shall terminate with respect to the
Property, or portions thereof so taken or condemned, and the Property shall
not be subject to the limitations and restrictions of this Easement. In such
event, the Grantor, its successors or assigns, shall not be required to pay
any penalties, but the value of the Property shall refiect the limitations of
this Easement. Any condemnation award payable to the Grantor shall be in
proportion to the value attributable to the residual agricultural value of the
Property and if the condemnation is undertaken by an entity other than the
Grantee, then the remaining portion of the condemnation award shall be
payable to the Grantee in proportion to the value attributable to the
development rights transferred hereby.
II
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understandino
This Easement contains the entire understanding between its parties
concerning its subject matter. Any prior agreement between the parties
concerning its subject matter shall be merged into this Easement and
superseded by it.
7.02 Amendment
This Easement is made with the intention that it shall qualify as a
Conservation Easement in perpetuity under I.R.C. Section 170(h). The
parties agree to amend the provisions of this Easement if such amendment
shall be necessary, to entitle Grantor to meet the requirements of Code
Section 170(h). Any such amendment shall apply retroactively in the same
manner as if such amendment or amendments had been set forth herein.
This easement may be amended only with the written consent of
Grantee and current Grantor and in accordance with any applicable State
and local law. Any such amendment shall be consistent with the Town Code
and any regulations promulgated thereunder and shall be duly recorded.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except pursuant to the provisions of Chapter 70 of the Town Code and other
applicable laws upon the adoption of a local law authorizing the alienation of
said rights and interest, following a public hearing and, thereafter, ratified by
a mandatory referendum by the electors of the Town of Southold. No
subsequent amendment of the provisions of the Town Code shall alter the
limitations placed upon the alienation of those property rights or interests
which were acquired by the Town prior to any such amendment.
7.04 Severabilltv
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court, shall not be
invalidated. Instead, that provision shall be reduced or limited to whatever
extent that court determines will make it enforceable and effective. Any
other provision of this Easement that is determined to be invalid or
unenforceable by a court shall be severed from the other provisions, which
shall remain enforceable and effective.
7.05 Governino Law
New York Law applicable to deeds to and easements on land located
within New York shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
7.06 Interoretation
Regardless of any contrary rule of construction, no provision of this
Easement shall be construed in favor of one of the parties because it was
drafted by the other party's attorney. No alleged ambiguity in this Easement
shall be construed against the party whose attorney drafted it. If any
12
. provision of this Easement is ambiguous or shall be subject to two or more
interpretations, one of which would render that provision invalid, then that
provision shall be given such interpretation as would render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this
Easement shall be interpreted broadly to effect the purposes of this
Easement as intended by the parties. The parties intend that this Easement,
which is by nature and character primarily negative in that Grantor has
restricted and limited his right to use the Property, except as otherwise
recited herein, be construed at all times and by ali parties to effectuate its
purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall it be interpreted
to grant, to the public any right to enter upon the Property, or to use images
of the property. Grantee may use images of the Property for non-
commercial reporting of this Easement.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 Recordinq
Grantee shall record this Easement in the land records of the office of
the Clerk of the County of Suffolk, State of New York.
7.10 Headinqs
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be ignored in its construction.
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee
has accepted and received this Deed of Easement on the day and year set
forth above.
ACKNOWLEDGED AND ACCEPTED:
FELIX DEERKOSKI, GRANTOR
~.~-
FELIX DEERKOSKI
D ACCEPTED:
D, Grantee
BY: ~~~
Scott A. Russell
Supervisor
STATE OF NEW YORK
COUNTY OF SUFFOLK 55:
On this /q day of WT. in the year 2007 before me, the undersigned, personally
appeared FELl/( b~~I(K()SA:'1 personally known to me or proved to me on the basis
of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
1.,
. his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument.
f~ f ,2M^---
Notary Public
Notary Public
PATRICIA L. FALLON
Notary Public, Stat'3 Of New York
No. 01 FA4950146
O'I:,W'~',<4 In Suffolk County
CornmisOiion Lxpires April 24, 02A II
STATE OF NEW YORK
COUNTY OF SUFFOLK
55:
On this 19 day of &Pr:. in the year 2007 before me, the undersigned, personally
appeared Scott A. Russell, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or
the person upon behalf of which the individual(s) acted, executed the instrument.
fJbl/u- f ,~
Notary Public
PATRICIA L. FALLON
Notary Public, Stat'3 01 New York
No. 01 Fr'\4950146
Quali1i2d In Suffo\l< COl!nty
Commission Expires April 24,
.:2A II
C.\DOCUlllcnts and Sellings\Annc\My Dl1cumcnts\AnnelTown of South old l)eeds of Development Righls\Dt:erkoski 91307 Grant of
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File No: RH07300744
SCHEDULE A - DESCRIPTION
"LIMITED AGRICULTURAL STRUCTURE AREA"
AMENDED 09/13/07
ALL that certain plot, piece or parcel of land, situate, lying and being in the hamlet of Mattituck,
Town of Southold, County of Suffolk and State of New York bounded and described as follows:
,/
BEGINNING at a monument on the northerly side of Middle Road C. R. 27 at the extreme
southwesterly end of the curve that connects the westerly side of Elijah's Lane and the northerly
side of Middle Road C.R. 27;
RUNNING THENCE along said northerly side of Middle Road C. R. 27 the following two (2) courses
and distances:
1. Westerly along an arc of a curve bearing to the right having a
radius of 1909.86 feet, a distance of 110.88 feet to a monument; and
2. South 75 degrees 58 minutes 51 seconds West, 248.33 feet to a
monument and land now or formerly of County of Suffolk;
THENCE North 25 degrees 41 minutes 09 seconds West along said land and later along land now or
formerly of Unified Credit Trust, 933.00 feet;
THENCE North 63 degrees 41 minutes 10 seconds East, and through land now or formerly of Felix
Deerkowski, 402.98 feet to the westerly side of Elijah's Lane;
THENCE South 26 degrees 18 minutes 50 seconds East along said westerly side of Elijah's Lane,
953.32 feet to a monument and the northerly end of the curve first above mentioned;
THENCE southwesterly along said curve bearing to the right having a radius of 53.37 feet, a
distance of 92.08 feet to the northerly side of Middle Road C. R. 27 and the point or place of
BEGINNING.
,.,.~<
\~.--/
ALTA Development Rigllts Policy (6-17 -06)
File No: RH07300744
SCHEDULE A - DESCRIPTION
"PRIMARY AGRICULTURAL STRUCTURE AREA"
ALL that certain plot, piece or parcel of land, situate, lying and being in the hamlet of Mattituck,
Town of Southold, County of Suffolk and State of New York bounded and described as follows:
BEGINNING at a point on the westerly side of Elijah's Lane where the same is intersected by the
southeasterly corner of land now or formerly of Helen Berkoski and the northeasterly corner of the
premises herein described; said point being also distant the following two (2) courses and
distances from a monument at the extreme northerly end of the curve that connects the northerly
side of Middle Road, C.R.27 and the westerly side of Elijah's Lane:
1. North 26 degrees 18 minutes 50 seconds West, 1503.22 feet; and
2. North 26 degrees 03 minutes 00 seconds West, 137.99 feet
to the true point or place of BEGINNING;
RUNNING THENCE from said true point or place of beginning along land now or formerly of Helen
Berkoski the following two (2) courses and distances:
1. South 63 degrees 43 minutes 10 seconds West, 290.40 feet; and
2. North 26 degrees 02 minutes 40 seconds West, 150.00 feet
to land now or formerly of Dennis & Abersmith B. Deerkoski;
THENCE South 63 degrees 43 minutes 09 seconds West along said land, 98.55 feet to land now or
formerly of Barbara and Charles Smithen;
THENCE along said land the following two (2) courses and distances:
1. South 26 degrees 05 minutes 00 seconds East, 176.54 feet
to a monument; and
2. South 64 degrees 19 minutes 10 seconds West, 337.40 feet
to land now or formerly of Unified Credit Trust;
THENCE South 24 degrees 22 minutes 42 seconds East aiong said land, 238.76 feet;
THENCE through land now or formerly of Felix Deerkoski the following three (3) courses and
distances:
1. North 64 degrees 24 minutes 00 seconds East, 255.07 feet;
2. South 25 degrees 36 minutes 00 seconds East, 309.63 feet; and
3. South 64 degrees 24 minutes 00 seconds West, 261.68 feet
and again to iand now or formerly of Unified Credit Trust;
THENCE South 24 degrees 22 minutes 42 seconds East along said land, now or formerly of 105.54
feet;
ALTA Development Rights Policy (6-17-06)
File No: RH07300744
THENCE North 65 degrees 37 minutes 32 seconds East still along said land, 345.00 feet;
THENCE through land now or formerly of Felix Deerkoski the following three (3) courses and
distances:
1. North 63 degrees 41 minutes 10 seconds East, 120.13 feet;
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2. North 26 degrees 18 minutes 50 seconds West, 282.84 feet; and
3.
North 63 degrees 41 minutes 10 seconds East, 282.85 feet
to the westerly side of Elijah's Lane;
THENCE along said westerly side of Elijah's Lane the following two (2) courses and distances:
1. North 26 degrees 18 minutes 50 seconds West, 267.06 feet; and
2. North 26 degrees 03 minutes 00 seconds West, 137.99 feet
to the point or place of BEGINNING.
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SURVEY OF PROPERTY I'
SITUATE: MA1TITUCK
TOWN: SOumOLD .
SUFFOLK COUNTY, NEW YORK ;
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SUfFOLK COUNTY TAX M,\P
NUNSER 1000 - 101 . 1 - 2.3
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REVI;;EO.OB-21-2oo1
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JOHN C. EHLERS LAND SURVEYOR
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,;R,PHIe, SG,\L~ .~ 100'
6 EAST MAlN STllliET
RIVERHEAD. NY. 11901
J69-~2~SFoxJ.M-8287
NY_S_ LIe NO 50202
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1111111111111111111111111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION/DOP
Number of Pages: 5
Receipt Number : 07-0089112
District:
1000
ceived the
Page/Filing
COE
TP-584
Cert.Copies
Recorded:
At:
LIBER:
PAGE:
Section:
101.00
EXAMINED
Following Fees For
Block:
01. 00
AND CHARGED AS FOLLOWS
Above Instrument
Exempt
NO
NO
NO
NO
$15.00
$5.00
$0.00
$5.00
THIS
Handling
NYS SRCHG
Notation
RPT
Fees Paid
PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
09/24/2007
09:06:40 AM
D00012523
410
Lot:
002.005
$5.00
$15.00
$0.00
$30.00
$75.00
Exempt
NO
NO
NO
NO
fD)~~~~w~rRi
~11 OCT ~~
, OEPT OF LAND
L____... _' p,9ESmV/,TION
~ '-'~-."__n____c
/i
[!][i]
Serial #
REco~:()m
200? 5e<D 24 09: 06: 40 Hf1
Judith H. P~scale
CLERK OF
SUFFOLk: COU~H'-,-'
L [)OOO i 252_3
P 410
Number of pages
TORRENS
Certificate #
Prior etf. #
Deed / Mortgage Instrument
Deed I Mortgage Tax Stamp
Recording I Filing Stamps
3
FEES
5. 00
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec.lAssit.
or
Page / Filing Fee
Handling
1:')-
TP-584
Notation
EA-52 17 (County)
EA-5217 (State)
R.P.T.S.A.
Spec./Add.
TOT. MTG. TAX
Dual Town _ Dual County
Held for Appointment
Transfer Tax
Mansion Tax
Camm. of Ed.
~"~i~~_:~ \Va
('Certified co~0
NYS Surcharge
Other
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
4
5 Community Preservation Fund
Real PropeI1
Tax Service
Agency
Verification
Consideration Amount $
CPF Tax Due $
Improved
Vacant Land
6 SatisfactionslDischarges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
TD
TD
Lisa Clare Kombrink, Esq.
235 Hampton Road
Southampton, NY 11968
TD
7
8
Suffolk Count
Co. Name
Title # e 7
& Endorsement Pa
C OY1AC.lfds ~ ~t'.s1YI(:,-h J(1S
(SPECIFY TYPE OF INSTRUMENT)
Recordin
e
This page foons part of the attached
made by;
1)eu ~ O~ Ie
A
\ OW{\
In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDIN(i OR 1.I1.lNG
Or
TO
SOJtnol J
The premises herein is situated in
SUFFOLK COUNT~YORK.
In the Township of t/, 0/)
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DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION, made as of this / '1fJ , day of September, 2007, by FELIX
DEERKOSKI, hereinafter referred to as the "DECLARANT"; as owner of the premises
designated as SCTM #1000-101-1-2.3 and shown on a survey prepared by John Ehlers Land
Surveyor dated June 14,2007 and last revised August 31, 2007, a reduced copy of which is
attached hereto and made a part hereof, and a portion of which is designated as the
"Agricultural Reserve Area" and described in the metes and bounds description attached and
made a part hereof, hereinafter referred to as the Agricultural Reserve Area".
WITNESSETH:
WHEREAS, DECLARANT is the owner of certain real property situate at 4600 Elijah's
Lane, Mattituck, in the Town of Southold, County of Suffolk and State of New York,
WHEREAS, the DECLARANT has granted to Town of Southold a Development
Rights Easement dated September 19, 2007 for a part of SCTM #1000-101-1-2.3; and
WHEREAS, for and in consideration of the acceptance of the Grant of Development
Rights Easement, the Town Board of the Town of Southold has deemed it in the best
interests of the Town of Southold and the owner and prospective owners of the lots that the
within covenants and restrictions be imposed on the Agricultural Reserve Area, and as a
condition of the acceptance of the Grant of Development Rights Easement, the Town Board
of the Town of Southold has required that the within Declaration be recorded in the Suffolk
County Clerk's Office; and
WHEREAS, the DECLARANT has considered the foregoing and have determined
that this declaration of covenants and restrictions will be in the interests of the DECLARANT
and subsequent owners of the lots,
NOW, THEREFORE, be it declared as follows:
The DECLARANT, for the purpose of carrying out the intentions above expressed does
hereby make known, admit, publish, covenant and agree that the Agricultural Reserve Area
shall hereinafter be subject to the covenants and restrictions as set forth herein, which shall
run with the land and shall be binding upon all purchasers and holders of the lots, their heirs,
executors, legal representatives, distributes, successors and assigns, to wit:
The Agricultural Reserve Area shall not be used for any residence or dwelling other than for
farm-related housing, which use shall be in conformance with the Town Code of the Town of
Southold.
These covenants and restrictions shall be construed to be in addition to and not in
derogation or limitation upon any local, state, and federal laws, ordinances, regulations or
provisions in effect at the time of execution of this agreement, or at the time such laws,
ordinances, regulations and/or provisions may hereafter be revised, amended or
promulgated.
These covenants and restrictions shall be enforceable by the Town of Southold, by
injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold
or any of its agencies to enforce same shall not be deemed to affect the validity of this
covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or
employee thereof.
/
/
If any section, subsection, paragraph, clause, phrase or provision of these covenants and
restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid
or held to be unconstitutional, the same shall not affect the validity of these covenants as a
whole, or any other part or provision hereof other than the part so adjudged to be illegal,
unlawful, invalid, or unconstitutional.
This Declaration is made subject to the provisions of all laws required by law or by their
provisions to be incorporated herein and they are deemed to be incorporated herein and
made a part hereof, as though fully set forth.
This Declaration shall run with the land and shall be binding upon DECLARANT, his
successors and assigns, and upon all persons or entities claiming under them, and may not
be annulled, waived, changed, modified, terminated, revoked or amended by subsequent
owners of the premises unless and until approved by a majority plus one vote of the Town
Board of the Town of Southampton or its legal successor, following a public hearing.
IN WITNESS WHEREOF, the DECLARANT above named, has duly executed the foregoing
Declaration the day and year first above written.
DECLARANT:
X~9~'
FELIX DEERKOSKI
STATE OF NEW YORK)
COUNTY OFJuFfOL/( )
On the i qft day of 5i"cpr in the year 2007 before me, the undersigned, personally
appeared F/:-L/>( 6[EA!KO SK I , personally known to me or proved to me on the basis of
satisfactory evidence to be the individuals whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their capacity, and that
by their signature on the instrument, the individuals, or the persons upon behalf of which the
individuals acted, executed the instrument, and that such individuals made such appearance
before the undersigned in Sou n.;oU, Iv"!'
SS.:
PATRICIA L. FALLON
Notary Public, Stat, Of New York
No. 01 FA4950146
Qualified In SuHolk County _
Commission Expires April 24, d. 0 /I
C:IDocuments and SettingslAlI UserslDocumentslAnnelTown of Southold Deeds of Development
RightslDeerkoski C&R form 91307.doc
jJmli/~. f.~
Notary Public
"AGRICULTURAL RESERVE AREA"
ALL that certain plot, piece or parcel of land, situate, lying and being in the hamlet of Mattituck,
Town of Southold, County of Suffolk and State of New York bounded and described as follows:
BEGINNING at the northwesterly corner of the premises herein described and the easterly line of
land now or formeriy of Unified Credit Trust and being the following five (5) courses and distances
from a mo'nument at the extreme southwesterly end of the curve that connects the westerly side of
Elijah's Lane and the northerly side of Middle Road C. R. 27:
1. Westerly along said northerly side of Middle Road C. R. 27 along
an arc of a curve bearing to the right having a radius of 1909.86 feet,
a distance of 110.88 feet to a monument;
2. South 75 degrees 58 minutes 51 seconds West still along said
northerly side of Middle Road C. R. 27, 248.33 feet to land now
or formerly of County of Suffolk;
3. North 25 degrees 41 minutes 09 seconds West along said
land now or formerly of County of Suffolk and later along iand
now or formerly of Unified Credit Trust, 933.00 feet;
4. South 65 degrees 37 minutes 32 seconds West along said
land now or formerly of Unified Credit Trust, 345.00 feet; and
5. North 24 degrees 22 minutes 42 seconds West still along
said land, 415.24 feet to the true point or place of BEGINNING;
RUNNING THENCE from said true point or place of beginning and through land now or formerly of
Felix Deerkoski the following three (3) courses and distances:
1. North 64 degrees 24 minutes 00 seconds East, 255.07 feet;
2. South 25 degrees 36 minutes 00 seconds East, 309.63 feet; and
3. South 64 degrees 24 minutes 00 seconds West, 261.68 feet
." to land now or formerly of Unified Credit Trust;
THENCE North 24 degrees 22 minutes 42 seconds West along said land now or formerly of Unified
Credit Trust, 309.70 feet to the point or place of BEGINNING.
Legal Description
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SURVEY OF PROPERTY
SITUATE: MAlTITUCK
TOWN: SOUTHOLD
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File No: RH07300744
SCHEDULE A
Amount of Insurance: $1,320,415.20
Date of Policy: September 19, 2007
Policy No.: RH07300744
/
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1.
Name of Insured:
Town of Southold
2. The estate or interest in the land which is covered by this policy:
Development Rights
3. Title to the estate or interest in the land is vested in:
By Grant of Development Rights Easement made by Felix Deerkoski to the INSURED dated
9/19/2007 and to be recorded in the Office of the Clerk of the City/Register Suffolk County.
4. The land referred to in this policy is described on the annexed Schedule A - Description.
counterSigned:P~ 't,~
Authorized Officer or Agent
ALTA Development Rights Policy (6-17-06)
File No: RH07300744
SCHEDULE A - DESCRIPTION
"LIMITED AGRICULTURAL STRUCTURE AREA"
AMENDED 09/13/07
ALL that certain plot, piece or parcel of land, situate, lying and being in the hamlet of Mattituck,
Town of Southold, County of Suffolk and State of New York bounded and described as follows:
BEGINNING at a monument on the northerly side of Middle Road C. R. 27 at the extreme
southwesterly end of the curve that connects the westeriy side of Elijah's Lane and the northerly
side of Middie Road C.R. 27;
RUNNING THENCE along said northerly side of Middle Road C. R. 27 the following two (2) courses
and distances:
1. Westerly along an arc of a curve bearing to the right having a
radius of 1909.86 feet, a distance of 110.88 feet to a monument; and
2. South 75 degrees 58 minutes 51 seconds West, 248.33 feet to a
monument and land now or formerly of County of Suffolk;
THENCE North 25 degrees 41 minutes 09 seconds West along said land and later along land now or
formerly of Unified Credit Trust, 933.00 feet;
THENCE North 63 degrees 41 minutes 10 seconds East, and through land now or formerly of Felix
Deerkowski, 402.98 feet to the westerly side of Elijah's Lane;
THENCE South 26 degrees 18 minutes 50 seconds East along said westerly side of Elijah's Lane,
953.32 feet to a monument and the northerly end of the curve first above mentioned;
THENCE southwesterly along said curve bearing to the right having a radius of 53.37 feet, a
distance of 92.08 feet to the northerly side of Middle Road C. R. 27 and the point or place of
BEGINNING.
ALTA Development Rights Policy (6-17-06)
File No: RH07300744
SCHEDULE A - DESCRIPTION
"PRIMARY AGRICULTURAL STRUCTURE AREA"
ALL that certain plot, piece or parcel of land, situate, lying and being in the hamlet of Mattituck,
Town of Southold, County of Suffolk and State of New York bounded and described as follows:
BEGINNING at a point on the westerly side of Elijah's Lane where the same is intersected by the
southeasterly corner of land now or formerly of Helen Berkoski and the northeasterly corner of the
premises herein described; said point being also distant the following two (2) courses and
distances from a monument at the extreme northerly end of the curve that connects the northerly
side of Middle Road, C.R.27 and the westerly side of Elijah's Lane:
1. North 26 degrees 18 minutes 50 seconds West, 1503.22 feet; and
2. North 26 degrees 03 minutes 00 seconds West, 137.99 feet
to the true point or place of BEGINNING;
RUNNING THENCE from said true point or place of beginning along land now or formerly of Helen
Berkoski the following two (2) courses and distances:
1. South 63 degrees 43 minutes 10 seconds West, 290.40 feet; and
2. North 26 degrees 02 minutes 40 seconds West, 150.00 feet
to land now or formerly of Dennis & Abersmlth B. Deerkoski;
THENCE South 63 degrees 43 minutes 09 seconds West along said land, 98.55 feet to land now or
formerly of Barbara and Charles Smlthen;
THENCE along said land the following two (2) courses and distances:
1. South 26 degrees 05 minutes 00 seconds East, 176.54 feet
to a monument; and
2. South 64 degrees 19 minutes 10 seconds West, 337.40 feet
to land now or formerly of Unified Credit Trust;
THENCE South 24 degrees 22 minutes 42 seconds East along said land, 238.76 feet;
THENCE through land now or formerly of Felix Deerkoski the following three (3) courses and
distances:
1. North 64 degrees 24 minutes 00 seconds East, 255.07 feet;
2. South 25 degrees 36 minutes 00 seconds East, 309.63 feet; and
3, South 64 degrees 24 minutes 00 seconds West, 261.68 feet
and again to land now or formerly of Unified Credit Trust;
THENCE South 24 degrees 22 minutes 42 seconds East along said land, now or formerly of 105,54
feet;
AL TA Development Rights Policy (6-17-06)
File No: RH07300744
THENCE North 65 degrees 37 minutes 32 seconds East still along said land, 345.00 feet;
THENCE through land now or formerly of Felix Deerkoski the following three (3) courses and
distances:
1. North 63 degrees 41 minutes 10 seconds East, 120.13 feet;
2. North 26 degrees 18 minutes 50 seconds West, 282.84 feet; and
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3.
North 63 degrees 41 minutes 10 seconds East, 282.85 feet
to the westerly side of Elijah's Lane;
THENCE along said westerly side of Elijah's Lane the following two (2) courses and distances:
1. North 26 degrees 18 minutes 50 seconds West, 267.06 feet; and
2. North 26 degrees 03 minutes 00 seconds West, 137.99 feet
to the point or place of BEGINNING.
ALTA Development Rights Policy (6-17-06)
File No: RH07300744
SCHEDULE a
EXCEPTIONS FROM COVERAGE
This pOlicy does not insure against loss or damage (and the Company will not pay costs, attorney's fees Or
expenses) which arise by reasOn of the following:
I. Boundary Line Agreement in Liber 8195 page 257.
2. Survey made by lohn C. Ehlers dated 06/14/07 and last revised 08/31/07 shows the development rights
easement area Improved by a metal barn;
aJ Fence encroaches onto adjoining premises North up to 2 feet.
No other encroachments shown.
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3.
Covenants and Restrictions to be recorded in the Office of the Clerk of the City/Register Suffolk County.
AlTA Development Rights Policy (G-17-06)
....~ landAmerica
.. Commonwealth
File No: RH07300744
/
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLICY)
ATTACHED TO AND MADE A PART OF POLICY NO. 07300744
ISSUED BY
COMMONWEALTH LAND TITLE INSURANCE COMPANY
1.
Covered Risk Number 2(c) is deleted.
2.
The following Is added as a Covered Risk:
"11. Any statutory iien for services, labor or materials furnished prior to the date hereof, and which has
now gained or which may hereafter gain priority over the estate or interest of the insured as shown in
Schedule A of this poiicy."
Exclusion Number 5 is deleted, and the following is substituted:
3.
5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by
governmental authority and created or attaching between Date of Poiicy and the date of recording
of the deed or other instrument of transfer in the Public Records that vests Title as Shown in
Schedule A.
Nothing herein contained shall be construed as extending or changing the effective date of the policy unless
otherwise expressly stated.
This endorsement, when countersigned below by a vaiidating signatory, is made a part of the policy and is
subject to the Exclusions from Coverage, Scheduies, Conditions and Stipulations therein, except as modified by
the provisions hereof.
Commonwealth land Title Insurance Company
Dated: September 19, 2007
By:
PAtJu.J'.IA ~,.); ~~
Authorized Officer or Agent
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President
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Standard New York Endorsement (5/1/07)
For use with ALTA Owner's Policy (6-17-06)
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WAIVER
NYS DEPARTMENT OF AGRICULTURE AND MARKETS
The undersigned, owner of :! I J. 2.. acres of active farmland and/or
acres of
non-farmland, situated at p/o Suffolk County Tax Map No. 1000-101-1-2.3 that is proposed
to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to
Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my
right to require the Town of South old to file with the Commissioner of Agriculture and
Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final
Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the
Agriculture and Markets Law.
Proiect Sponsor
Landowner
TOWN OF SOUTH OLD
BY~~
SCOTT A. RUSSELL, Supervisor
53095 Route 25
P.O. Box 1179
Southold, NY 11971-0959
(631) 765-1889
FELIX DEERKOSKI
geA'p~
By: FEL'lX DEERKOSKI
P.O. Box 248
Mattituck, New York 11952
STATE OF NEW YORK )
COUNTY OF SUFFOLK
On the i..!L day of ~. ,2007, before me personally appeared SCOTT A.
RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD;
that he knows the seal of said municipal corporation; that the seal affixed to said instrument
is such corporate seal; and that by his signature on the instrument, the individual, or the
)ss
municipal corporation upon behalf of which the individual acted, executed the instrument
and affixed the seal thereto by like order.
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Notary Public
STATE OF IV/:;?J.) '1uu:.. )
COUNTY OF ,w!"RJ..)( )
)ss:
PATRICIA L. FALLON
Notary Public, Stat~ Of New York
No. 01 FA4950146
Qualified In Suffolk County
Commission Expires April 24, ~ 1/
On the / r day of ~. , 2007, before me personally appeared
FELIX DEERKOSKI, perso ally known to me or proVided to me on the basIs of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same as owner of the subject premises; and
that by her signature on the instrument, the individual, or the persons upon behalf of which
the individual acted, executed the instrument.
f~I(,~
Notary Public
PATRICIA L. FALLON
Notary Public, Stato 01 New York
No. 01 FA4950146
Qualified In Suff;Jik County . I
Commission Expires April 24, J..tJ I
'*
Division of Agricultural Protection
and Development Services
518-457-7076
Fax. 518-457-2716
STATE OF NEW YORK
DEPARTMENT OF AGRICULTURE AND MARKETS
1 Winners Circle
Albany, New York 12235
November 6, 2007
Melissa Spiro
Land Preservation Coordinator
Town of Southold
PO Box 1179
Southold, NY 11971-0959
RE: Waiver - Town of Southold - Suffolk County - Purchase of Development
Rights
Dear Ms. Spiro:
The Department has reviewed documentation submitted by the Town of Southold to waive
the Notice of Intent filing requirements in Sections 305(4) (b) and (c) of the Agriculture and Markets
Law in connection with the acquisition of active farmland in Suffolk County Agricultural District #1.
The documentation includes a waiver signed by Felix Deerkoski for approximately 17.2 acres of
active farmland located at Suffolk County Tax Map No. 1000-101-1-2.3, Town of Southold.
The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section
371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision
(4) are deemed waived for acquisition of a conservation easement on the referenced parcels by the
Town of Southold. Should the project encompass other parcels of more than one acre from an
active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still
apply to those parcels.
Sincerely,
?~~
ROBERT SOMERS, Ph.D
Manager, Agricultural Protection Unit
RS:lad
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OEPT OF L.\NO
PRESERVATION
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cc: David Behm, Farmland Pro!. Unit, NYSDAM
Ken Schmitt, Chair, Suffolk County AFPB
File: AP07/082-W
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MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa. spiro @town.southold.ny.us
Telephone (631) 765-5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs A venue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
November 1,2007
Bob Somers, Ph.D.
Manager, Agricultural Protection Unit
NYS Department of Agriculture and Markets
lOB Airline Drive
Albany, NY 12235
Re: FELIX DEERKOSKI to TOWN OF SOUTHOLD
Part ofSCTM #1000-101-1-2.3 nlk/a #1000-1000-101-1-2.6
Dear Mr. Somers:
Enclosed please find the original "Waiver - NYS Department of Agriculture and Markets" that was
executed by Town Supervisor Scott A. Russell and Felix Deerkoski at time of closing on a development
rights easement on active farmland formerly identified as part of SCTM # 1000-10 1-1-2.3. Details regarding
this easement are as follows:
GRANTOR:
GRANTEE:
SUFFOLK CO RECORDING DATE:
L1BER:
PAGE:
LOCATION:
EASEMENT ACREAGE:
SUFFOLK CO TAX MAP #:
Felix Dcerkoski
TOWIl of Southold
September 24, 2007
DOOO 12523
409
4600 Elijah's Lane, Mattituck
17.201 acres
1000-101.00-01.00-002.006
Please provide me with a written acknowledgment of your receipt of the waiver at your earliest
opportunity.
Thank you.
Sincerely,
~~
Melissa Spiro
Land Preservation Coordinator
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New York State Department of Environmental Conservation
Division of Lands & Forests
1ureau of Real Property, 5'h Floor
025 Broadway, Albany, New York 12233-4256
Phone: (518) 402-9442 . FAX: (518) 402-9028
Website: www.dec.state.ny.us
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Alexander B. Grannis
Conunissioner
November 7, 2007
Melissa Spiro
Dept. of Land Preservation
Town of Southold
P.O. Box 1179
Southold, NY 11971-0959
Dear Ms. Spiro:
We have received and filed in our office the following conservation easements:
CE: Suffolk 480
Grantor: Felix Deerkoski
Liber: Dl2523 Page: 409
The conservation easements cited above have been so identified for our indexing and
filing purposes. This number may be needed for the landowner to claim a conservation easement
tax credit. When contacting this office about these parcels, please use the assigned identifier.
Your cooperation in this matter is very much appreciated.
Very truly yours,
;t::.IIt1~4
1~!lCU: lC 01 W lC!~!
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Timothy A. Reynolds
Real Estate Specialist 2
Bureau of Real Property
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MELISSA A. SPIRO
LAND PRESERV A nON COORDINATOR
melissa. spiro @town.southold.ny.us
Telephone (631) 765-5711
Facsimile (631) 765-6640
OFFICE LOCA nON:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs A venue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
November 2, 2007
NYSDEC
Bureau of Real Property
625 Broadway, 5th Floor
Albany, NY 12233-4256
Attention:
Re:
Tim Reynolds
Conservation Easements Registry
FELIX DEERKOSKI to TOWN OF SOUTHOLD
Dear Mr. Reynolds:
Enclosed please find a copy of the recorded Grant of Development Rights Easement on property located
within the Town of South old to be registered with the New York State Department of Environmental
Conservation. Details regarding this easement are as follows:
GRANTOR:
GRANTEE:
SUFFOLK CO RECORDING DATE:
UBER:
PAGE:
LOCATION:
EASEMENT ACREAGE:
SUFFOLK CO TAX MAP #:
Felix Deerkoski
Town of South old
September 24,2007
DOOOl2523
409
4600 Elijah's Lane, Mattituck
17.201 acres
1000-101.00-01.00-002.006
Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number
assigned to this easement.
Sincerely,
~~
Melissa Spiro
Land Preservation Coordinator
ene.
cc: Felix Deerkoski - PO. Box 248, Mattituck, NY 11952 wlo enc.
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FELIX DEERKOSKI
to
TOWN OF SOUTH OLD
SCTM #1000-101-1-2.6
(f/k/a SCTM #1000-101-1-p/o 2.3)
17.201 acres development rights easement
Location: 4600 Elijah's Lane, Mattituck
Closing held on Wednesday, September 19, 2007
Land Preservation Department
Town Hall Annex
(from left to right)
Scott A. Russell, Supervisor
Gladys Deerkoski
Felix Deerkoski
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Telephone (631) 765-5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs Avenue)
Southold, New Yark
MELISSA A, SPIRO
LAND PRESERVATION COORDlNA TOR
melissa. spiro @town.southold.ny.us
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To:
Supervisor Russell
Town Board
Town Clerk
Land Preservation Committee
Town Attorney
Planning Board
Suffolk County Division of Real Estate
Tax Assessors
Building Department
Data Processing
Town Comptroller
Stewardship Manager
Peconic Land Trus\, Inc.
The Nature Conservancy
From:
Melissa Spiro, Land Preservation Coordinator
Date:
September 1 g, 2007
Re:
FELIX DEERKOSKlto TOWN OF SOUTHOLD
plo SCTM #1000-101-1-2.3
Development Rights Easement - 17.201 acres
Please be advised that the Town has acquired a development rights easement on the property listed below.
If you would like additional information regarding the purchase, please feel free to contact me.
LOCATION:
4600 Elijah's Lane, Mattituck
SCTM #:
part of 1000-101-1-2.3
PROPERTY OWNER:
Felix Deerkoski
PURCHASE DATE:
Wednesday, September 19, 2007
PURCHASE PRICE:
$1,320,415.20 (based on 16.9284 acres @ $78,000/buildable acre)
TOTAL PARCEL ACREAGE:
20.8739 acres
EASEMENT ACREAGE:
17.201 acres
RESERVED AREAS:
1.8365 acres (reserved) and 1.8365 (agricultural reserve area)
ZONING:
A-C
FUNDING:
CPF 2% Land Bank
MISCELLANEOUS:
For scenic viewshed protection, the easement dictates where future
agricultural structures are allowed and where they are limited. In
addition, easement allows for 25'x 475' access area to the Agricultural
Reserve Area. The purchase price did not include payment for the
access area.
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SURVEY OF PROPERTY
SITUA1E: MATllTl1CK
TOWN: SOumOLD
SUFFOLK COUNTY, NEW YORK
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5(JFFOLK COUNTY TAX MAP
NUMBER 1000 - 101 - , - 2.9
5l..IRVEYI:D, 06-14-2001
REVISED. Oe-:<I-2001
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JOHN C. EHLERS LAND SURVEYOR
0RI'PHI<:: SGALE I'~ 100
6 EAST MAIN STREET
RJVERlffiAD, N.Y. 11901
3fi9-8288 FM 369-82il7
N,Y.S. Uc. NO. 50202
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Gladys S. Deerkoski
by The Suffolk Times
10104x20119 2:25 PIVI'
Gladys S. Deerkoski of Mattituck died at home Oct. 3 She was 96.
She was born Dec. 11, 1922, to Veronica and Kasper Stafinski in Kearney, N.J.
Ms. Deerkoski married her husband, Felix, June 22, 1947, in New Jersey.
She made a career as a clerk at Suffolk County Clerk's Office.
Her family said she enjoyed cooking and reading, and was active with Sacred Heart Rosary Society
and Our Lady of Ostrabrama R.C. Church in Cutchogue.
Ms. Deerkoski is survived by her husband; her sons Donald (Kelly) of Florida and Dennis
(Bernadette) of Mattituck; grandchildren Jilian, Gregory, Emily and Hudson; and great-grandchildren
Ryan, Jackson and Everly.
Visitors will be received Sunday, Oct. 6, from 2 to 4 and 7 to 9 p.m. at Coster-Heppner Funeral
Home in Cutchogue. A funeral service will take place Monday, Oct. 7, at 10 a.m. at Our Lady of
Ostrabrama R.C. Church in Cutchogue followed by interment at Sacred Heart Cemetery in
Cutchogue.
Donations may be made to the church.
`F'kA..Deerkoskij
Felix A: Deerkoski 6f,-A4attituck `tituck.He was a loving grandfather,
joined his beloved wife of 72 years; :,to Jilian;Gregory•Emily and Hud-
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(Stsafiniski)'Oct. 15;,20.19:.. son,,as well as aii:erideanng great
aridfather.to;IR an,Jackson and
Hewas;102,' •: :-; ,,•` ,;. .: •gT , ,Y - -
FeliX was Born Sept. 5,J91, -in__ Evenly. Iri'addit"ion, heaeaves,be-
Matf%tuck;the-fiftf _of 10'cn. hindliis compassionate•friend
H_e pr'oudly�•served'in the South caregiver,Davit Chkhaidze.
pacific duringtWorld War II and' "` Visitors wer_e'received.,Oct..16
Was,a,teamster for a short`peYiod at.Co§ter=Heppner Punerai 1lotne'- ;
of time,before returning to the _�in"Cutchogue::A service,will'take.
family farm.He also hada success-','' place at 10`a.m.th&sday,-b-ct. 17;;
Rillaiidscapingbusiness... ._ - at Our Lady.of Ostr'abiama R.C,.'
Felix is survived'by.-his .twin 'Church in'Cutchogu, Interment
loris, Donald (Kelly); of Fi l'orida will follow_ at:Sacred Heart!Cern-,
and Dennis (Bernadette),-df_Mat- etery. -
'Paid notice
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"73889 .
Roll "V,
Land S iz~: 20.7B ames
Tolal: 1
D eerkoski
N.me: Rose
AddlAddr:
Street:
PO Box: 248
Cil~; MaUiluck, NV
Sale
Book
12447
12423
12198
P.ge
368
334
Tol.l:
S..le Dale
03/27/06
11/11/05
0711 B/02
Zip: 11952-
3
Sale Price Owner
1 Dcerkosl<L Fe"n
'1 Oeedm.l<i. Rose
1 O""rl<o.I<,. Ruse
E Kemplion
Code
41730 AGA-INDAPP
41854 STAR-8ASIC
Tolal: 2
Amount
3.400
830
Special Di.tricl
Code
FD030 Mauiluck FD
PKOl1 MaUiluck Pari
Total: 4
Units
_00
.00
Ten)"l
Year
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Own
Pel
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Schl after star: 5.670
Sile 1011
P'pcls: Field crop.
Nbhd Cd: 0
Sewer:
Wale,:
Utililies:
Building
Total:- - 0
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N SURVEY OF PROPERTY
SITUATE: MATTITUCK
W E TOWN: SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S SUFFOLK GOUNTY TAX MAP
NUMBER 1000 — 101 — I — 2.3
SURVEYED: 0b-14-200-7
REVISED: 08-21-200-7
08-31-200-7
Or eK d
goof CQ�TIDPII EIlDTO:00
TOWNOPSOUTHOLD
COMMOP19V1815II.TH LAND'Il97Cd.E INSURANCE COMPANY
45
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AUG 3 1 2007
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Notes:
■ MONUMENT FOUND JOHN C. EHLERS LAND SURVEYOR
6 EAST MAIN STREET N.Y.S. LIC. NO. 50202
TOTAL AREA = 20.8140 ACRES 6RAPHIG SGALE 1"= 100'
RIVERHEAD, N.Y. 11901
0 100 200 300 369-8288 Fax 369-8287
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Deerkoski
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