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HomeMy WebLinkAboutKrupski, Albert Jr1000-97-8-31.2 (f/k/a 1000-97-8-p/o 31) Baseline Documentation Premises: 195 Little Neck Road Cutchogue, New York 21.735 acres Development Rights Easement ALBERT J. KRUPSKI, JR. to TOWN OF SOUTHOLD Easement dated March 3, 1986 Recorded March 6, 1986 Suffolk County Clerk - Liber 9991, Page 456 SCTM #: Premises: 1000-97-8-31.2 (f/k/a 1000-97-8-p/o 31) 195 Little Neck Road Hamlet: Cutchogue Purchase Price: Funding: $108,675.00 ($5,000/acre) Capital Funds - Agricultural Land Preservation CPF Project Plan: n/a Total Parcel Acreage: 27.8774 acres Development Rights: 21.735 easement acres Parcels Created: 1000-9%8-31.2 = 21.735 acres 1000-9%8-31.4 = 1.839 acre 1000-9%8-31.5 = 1.838 acre 1000-9%8-31.6 = 1.843 acre 1000-103-5-5 = 0.622 acre (ROW) Zoned: R-80 Existing Improvements: none in 1986 SECTION I - ENTIRE PARCEL DESCRIPTION OF SITE The subject property, consisting of 27.4 acres, is identified on the Suffolk County Tax Map as District I000, Section 097, Block 08, Lot No. 31. The parcel is generally level, with a small n~tural drainage area located in the center of the' parcel near the easterly boundary, less than 10,000 square feet in area. Soil is Type 2, well suited for agriculture. Well contamination, consisting of nitrate and pesticide accumulations, has been identified by the County Department of Health. IMPROVEMENTS The property is a vacant agricultural parcel. MOI~LL"Y' APPI~klSAL SE~ICE - 5 - P R 0 P E R T Y V I S U A L S LA. ~0 I 8.1 ?-IA(c) Z6.6 9*% I,TA( c SUBJECT PROPE~RTY 31 27.4A(c) SEE SFC. NO. 103 1.1~ c) 10,4 12 3, 4.7A(c) z o r ~a~P:o~ P~oP~ :ry. CU.TClAOGU~ ' ' .' · ': -7 ' '":" ·" J.-" .--.,..~.-~_&~· ..v~, ',, o, ~-~' · ". .... RODERICI4 VAF 1 TUYL, R C. P U B L I C H E A R I N G LEGAE NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of the Agricultural Lands Preservatio~ Law of the Town of Southold, constituting Chapter' 25 'of the Southold Town .Code, the Town' Board of the Town of Southol~ will hold a Public Nearing on the 7th day of November, 1985, at 8:00 ~ · "o~cloL~k'~P;~;;"a~'the Southold Town-HaIl;,Mai~'Ruad~ Seuthold~ ~4ew York on the queatlon of the acceptance of options for the acquisition, by the Town of Southold, of the development rights In~ the following parcels of agricultural. lands, to wit: 1. A parcel of land owned by Latham Farms, Inc. ~ comprising approximately 63.9 acres located south of'N.Y. Route 25 at Orient, New York. 2. A parcel of land owned by Albert J. Krupski, Jr., comprising approximately 21.8 acres located on the east side of Little Neck Road, Cutchogue, New York. 3. A parcel of land owned by David and Frank Chichanowicz, comprising approximately 21.2a acres of land located on the north side of N.Y. Route 25 at Southold; New York. A parcel of land owned by John Nierodizik, comprising 18.5 acres of land located on the north side of N.Y. Route 25 at Southold, New York. 5. A parcel of land owned by John A. Sepenowski# comprising approximately 50 acres located on the north side of Old North Road at Southold, New York.· 6. A parcel of land owned by Byron Horton, comprising approximately 50 acres located on the north side of N.Y. Route 25 at Cutchogue, New York. 7. A parcel of land owned by John C. Tuthill, comprising approximately 22.6 acres located bn the north side of County Route a,8 at Mattituck, New York.· 8. A parcel Of land owned by John Simicich, Jr. and Catherine Simicich, comprising approximately 39 acres located on the south side of Bergen Avenue, Mattltuck, New York. 9. A parcel of land owned by Charles P. Simmons and A. E. Nicholas, his wife~ comprising approximately 3q.6 acres located on the north side of Sound Avenue, Mattituck, New York. FURTHER NOTICE is given that option agreements between the owners of the above described parcels of land and the Town of Southold, containing a more detailed description of the above mentioned parcels of land, are on file in the Southold Town Clerk's Office, Southold Town Hall, Main Road, Southold New York, and may be examinod by any interested person during normal business hours. Dated: October 8 ~ 1985 JUDITH T. TERRY SOUTHOLD TOWN CLERK Page 2 - Legal Notice 0t Hearing Acquisition of Development Rights PLEASE PUBLISH ONCE, OCTOBER 2zl, 1985, AND FORWARD NINE (9) AFFIDAVITS OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK.II971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Farmland Preservation Committee Town Clerk's Bulletin Board PUBLIC HEARING SOUTHOLD TOWN BOARD 8:00 P.M. November 7, 1985 ON THE QUESTION OF THE ACCEPTANCE OF OPTIONS FOR THE ACQUISITION, BY THE TOWN OF SOUTHOLD, OF THE DEVELOPMENT RIGHTS OF AGRICULTURAL LANDS. Absent: Deputy Supervisor Frank A. Kujawski, Jr. Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Supervisor Francis J. Murphy DEPUTY SUPERVISOR KUJAWSKI: Our final hearing tonight is regarding the development rights in the farmland program. COUNCILMAN TOWNSEND: It gives me great pleasure to read this. It is a result of a lot of work by a lot of people in.the Town. "Notice is hereby given that pursuant to the provisions of the Agricultural Lands Preservation Law of the Town of Southold, constituting Chapter 25 of the Southold Town Code, the Town Board of the Town of Southold will hold a public Hearing on the 7th day of November, 1985, at 8:00 o'clock P.Mo, at the Southold Town Hall, Main Road, Southold, New York on the question of the acceptance of options for the acquisition, by the Town of Southold, of the develop- ment rights in the following parcels of agricultural lands, to wit: 1. A parcel of land owned by Latham Farms, Inc., comprising approximately 63.9 acres located south of N.Y. Route 25 at Orient, New York. 2. A parcel of land owned by Albert J. Krupskl, Jr., comprising approximately 21.8 acres located on the east side of Little Neck Road, Cutchogue, New York. 3. A parcel of land Owned by David and Frank Cichanowicz, comprising approximately ;Z1.24 acres of land located on the north side of N.Y. Route ;Z5 at Southold, New York. 4. A parcel of land owned by John Nieredizik, comprising 18.5 acres of land located on the north side of N.Y. Route 25 at Southold, New York. 5. A parcel of land owned by John A. Sepenowskl, comprising approximately 50 acres located on the north side of Old North Road at Southold, New York. 6. A parcel of land owned by Byron Horton, comprising approximately 50 acres located on the north side of N.Y. Route 25 at Cutchogue, New York. 7. A parcel of land owned by John C. Tuthill, comprisi.ng approximately 2;Z.6 acres located on the north side of County Route 48 at Mattituck, New York. 8. A parcel of land owned by John Simlcich, Jr. and Catherine Simicich, comprising approximately 39 acres located on the south side of Bergen Avenue, Mattituck, · New YorE. 9. A parcel of land owned by Charles P. Simmons and A. E. Nicholas, his wife, comprising approximately 34.6 acres located on the north side of Sound Avenue, Mattituck, New York. Page 2 - Development Further notice is given that option agreements between the owners of the above described parcels of land and the Town of Southold, containing a more detailed description of the above mentioned parcels of land, are on file in the Southold Town Clerk's Office, Southold Town Hall, Main Road, Southold, New York, and may be examined by any interested persons during normal business hours. Dated: October 8, 1985. Judith T. Terry, Southold Town Clerk." This notice was published in The Suffolk Times, The Long Island Traveler- Watchman, and posted on the Town Clerk's Bulletin Board. DEPUTY SUPERVISOR KUJAWSKI: Thank you, Joe. Is there anyone that has any comments regarding this proposal? ABIGAIL WICKHAM, ATTORNEY: I would like to submit an option agreement on behalf of Mr. Simmons. Pm sorry it wasn't here earlier. We just concluded the release negotiations on the mortgage today. TOWN CLERK TERRY: Thank you. DEPUTY SUPERVISOR KUJAWSKI: Are there any other comments regarding this program? Ruth? MRS. RUTH OLIVA, North Fork Environmental Council: We enthusiastically supported the idea of a Farmland Preservation Program before its inception. Two years ago we campaigned very hard for the referendum supporting this, and now we enthusiastically endorse all these options and hope the Town will put them through. Thank you. DEPUTY SUPERVISOR KUJAWSKI: Are there any other comments? COUNCILMAN 5CHONDEBARE: Frank, before we close the meeting, I think we ought to give a very good round of applause and a thank you to the Farmland Preservation Committee. They're sitting out there and I can't express our gratitude more. I know it's a lot of work and a lot of hours and a lot of time and I think you finally reached the end, hopefully. Thank you. DEPUTY SUPERVISOR KUJAWSKI: Very good. May I have a motion to close the hearing? Moved by Councilwoman Cochran, seconded by Councilman Schondebare, it was RESOLVED that this hearing on the question of acceptance of options for the acquisition of the development rights of agricultural lands be and hereby is closed at 8:05 P.M. Vote of the Town Board: Ayes: Councilwoman Cochran, Councilman Schondebare, Councilman Stoutenburgh, Justice Edwards, Councilman Townsend. This resolution was declared duly ADOPTED. Judith T. Terry Southold Town Clerk P U R C H A S E R E S O L U T I O N JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATIST[CS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A ~EGULAR MEETING HELD ON NOVEMBER 19, 1985: WHEREAS, the Town Board entered into an option agreement with Albert J. Krupski, Jr. for the purchase of development rights in ~gricultural lands, and WHEREAS,,i the Town Board held a hearing with respect to said option on the 7th day of November, 1985 pursuant to the provisions of section 25-4 of the Southold Town Code, and WHEREAS, the Town Board deems it in the public interest that the Town of Southold acquire the development rights in the agricultural lands set forth in said option agreement with Albert J. Krupski, Jr., now, there- fore, be it RESOLVED that the Town Board hereby elects to exercise the option to purchase the agricultural rights in the aforesaid agricultural lands owned by Albert J. Krupski, Jr., and BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is author- ized and directed to give notice of such acceptance to Albert J. Krupski, Jr., and BE IT FURTHER RESOLVED that the Supervisor be and he hereby is authorized and directed to execute any and all required documents required for the acceptance of said development rights~ Judith T. Terry~Z Southold Town Clerk R E C O R D E D E A S E M E N T INDENTURE THIS INDENTURE, made this~da~ of~,~/ ~LB£RT J. KRUPSKI, JR. · 198~_, between residing at 38030 Main Road, Peconic, New York party of the first part, and the TOWN OF SOUTHOLD, a municipal corporation.~E,//'°f the State of New York,· havJngs its office and principal place of business at~Ma'in -Road, Town of Southold, County of. Suffolk and State of' New York, party of. the second part. WITNESSETH, that the party of the first part, in consideration of Ten and 00/100 ($I0.00) Dollars, lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, its successors and assigns forever, the Development Rights, by which is meant the p~rmanent legal interest and right, as authorized by Section 247 of the New York State General Municipal Law, as 0.00 amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Southold Town Code· and the right to prohibit or restrict the use of the premises for any purpose other than agricultural production, to ALL those pieces or Parc;'ls of land, situate, lying and being in the Town of. Southold, County of S.'.ffolk and State of New York, more Particularly described on Schedule A, attached hereto and made a part hereof, TOGETHER with the non-exclusive right', if any, of the party of the first part as to the use for ingress and ~jress of any streets and roads abutting the above described premises ...... to the center lines thereof,. ~'::.. J ~,~.-.~.~;~.- · 'C7911 e TRANSFER TAX: t ~/JFFOLK TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, insofar as the rights granted hereunder are concerned, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part~ its successors and assigns forever. AND the party of the first part covenants that the party of the first part · has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the I~ien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the rights to receive such consideration as a trust fund to be applied first for the pul'pose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total for the same for any other purpose. The party of the first part, as a covenant running with the land in perpetuity, further covenants: and agrees for the party of the first part, and its heirs, legal representatives, successors and assigns, of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production. The definition of "Agricultural production" as defined in Section 25-30 of Chapter 25 of the Southold Town Code is as follows: "Agricultural production - Shall mean the p~oductlon for commercial purposes of crc~ps, livestock and li,~estock products,, but not land or portions thereof used for processing or retail merchandising, of such crops, livestock or livestock products. -Land used in agricultural production shall also include fences, equipment stO~'age buildings, livestock .barns, irrigation systems, and any other structures used exclusively for agricultural purposes".. The party of the first part and the party ?~ ~he second part do hereby covenant and agree in ~erpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265 and 277 of the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Preperty Law or any laws replacing or in furtherance of them. The word "party" shall be construed as if it reads "parties" whenever tl~e sense of this indenture so requir~es'. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the/~y~/.year first above written'. Town Attorney Albert J. K~-rupski, Jr. ", STATE OF NEW YORK) COUNTY OF SUFFOLK) On this ~ day of'~/'~ 198~.~., before me personally came FRANCIS J. MURPHY, to me known, who being by me duly sworn, did depose and say that he resides at Old Main Road, Mattituck, New York; that he is the Supervisor of the TOWN OF SOUTHOLD, the municipal corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said. instrument is such corporate seal; that it was so affixed by order of the Town Beard of said corporation; and that he signed his name hereto by llke order. Notary Public STATE OF NEW YORK) COUNTY OF SUFFOLK) On the ~ day of ~'~-~,.)~'~/ , 198~', before me personally came ALBERT J. KRUPSKI, .IR. to me known to be the individual(s) described .in and who executed the foregoing instrument, and acknowledged that he executed the sam~/"~ ~.~¢~_/ Notary ub ic -4- THENCE the following four courses and distances still along land shown on the map of Norwold, File No. 1275: 1) South 6 degrees 32 minutes 10 seconds East, 225.25 feet; 2} South 50 degrees 00 minutes West; la,2.50 feet; 3) South 76 degrees 50 minutes 30 seconds West, 232.83 feet; South 0 degrees 19 minutes 30 seconds East, ~85.40 feet to the northerly side of' a 50 foot wide right of way; THENCE along the northerly side of the 50 foot wide right of way, North 89 degrees 54 minutes 10 seconds West, 391.74 feet to the point or place of beginning. Containing 21. 735 acres. T I T L E P 0 L I C Y Title USA Insurance Corporation of New York ?ITL E USA Policy of Title Insurance IN CONSIDERATION OF the payment of its charges for the examination of title and its premium for insurance, insures the within named insured against all loss or damage not exceeding the amount of insurance stated herein and in addition the costs and expenses of defending the title, estate or interest insured, which the insured shall sustain by reason of any defect or defects of title affecting the premises described in Schedule A or affecting the interest of the insured therein as herein set forth, or by reason of unmarketability of the title of the insured to or in the premises, or by reason of liens or incumbrances affecting title at the date hereof, or by reason of any statutory lien for labor or material fumished prior to the date hereof which has now gained or which may hereafter gain'priority over the interest insured hereby, or by reason of lack of access to and from the premises, excepting all loss and damage by reason of the estates, interests, defects, objections, liens, incumbrances and other matters set forth in Schedule B, or by the conditions of the policy hereby incorporated into this contract, the loss and the amount to be ascertained in the manner provided in said conditions and to be payable upon compliance by the insured with the stipulations of said conditions, and notgtherwise. IN WITNESS WHEREOF, Title USA Insurance Corporation of New York has caused this policy to be signed and sealed on its date of issue set forth herein. ATTEST: Secretary Validating Officer or Agent Name of Insured TOWN OF SOUTHO%D The estate or interest insured by this policy is vestedintheinsuredbymeansof DEVELOPMENT RIGHTS DEED recorded 3/6/86 in L. 9991 p. 444. ALBERT J. KRUPSKI, JR. Deed of Anne C. Mason, D. 4/1/83 R. 4/13/83 in L. 9341 p. Policy No. 85-52-53347 Amo~Jnt of Insurance $108,675.00 Date of Issue 3/3/86 591. Schedule A The premises in which the insured has the estate or interest covered by this policy is described on the description sheet annexed. Schedule B The following estates, interests, defects~ objection to title, liens and incumbrances and other ma_tters are excepted from ~he coverages of this policy: 1 Defects and incumbrances arising or becoming a lien after the date of this policy, except as herein provided. 2 Consequences of the exercise and enforcement or attempted enforcement of any governmental war or police powers over the prem*ses 3. Any laws, regulations or ordinances (including, but not limited to zoning, building, and environmental protection) as to the used, occupancy, subdivision or improvement of the premises adopted or imposed by any governmental body, or the effect of any noncompliance with any violation thereof. 4. Judgments against the insured or estates, interests, defects, objections, liens or incumbrances c,~eated, suffered, assumed or agreed to, by or with the privity of the insured. 5. Title toanypropertybeyond thetiensofthepremises, or titletoareaswithin or rightsoreasementsin anyabutting streets, roads, avenues, tanes, waysor waterways,or the right to maintain therein vaults, tunnels, ramps or any other sturcture or ~mprovement, unless this policy specifically provides that such titles, rights, or easements are insured No~wdhstanding any provisions in this paragraph to the contrary, this policy unless otherwise excepted, insures the ordinary rights of access and egress belonging to abutting owners. 6 Title to any personal property, whether the same be attached to or used in connection with said premises or otherwise. SURVEY by Roderick Van Tuyl, dated 12/29/82 and last dated 1/6/86 shows premises as vacant land; Cence variations with record lines. Comoany excepts any changes since 1/6/86. ~, ~., .~ ~ 8~252'_~3347 -° Repor~ 13-$ (10/80) SCHEDULE A (Description) ALLthatce~ainpI~t~piece~rp~rce~f~and~withthebui~dingsandimpr~vementsthere~nere~ed~situ~te~ying andbeing at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of a 50 foot wide right of~ way distant South 89° 54' 10" East, 150.0 feet from the intersection formed by the northerly side of the 50 foot wide right of way and the easterly side of Little Neck Road, said point and place of beginning also being the southeast corner of land now or formerly of Ovsianik; RUNNING THENCE the following two courses and distances along land now or formerly of Ovsianik: 1) North 0° 05' 50" East, 125.0 feet; 2) North 0° 00' 30" East, 100.28 feet; RUNNING THENCE along land now or formerly of Morris, land now or formerly of Schuhman, land now or formerly of Stepnosky, land now or formerly of Lawrence, land now or f6rmerlv of Hildebrandt, and land now or formerly of Sherrard, North 0° 00' 30" West, 700.0 feet; THENCE still along land now or formerly of Sherrard, South 89° 59' 30" West, 150.0 feet to the easterly side of Little Neck Road; THENCE the following two courses side of Little Neck Road: 1) North 0° 00' 30" West, 385.83 2) North 0° 12' 10" West, 89.17 and distances along the easterly feet; feet; THENCE the following five courses and distances along or formerly of Albert J. Krupski Jr.: 1) North 89° 47' 50" East, 213.54 feet; 2) North 80° 57' 00" East, 360.04 feet; 3) North 64° 17' 10" East, 41.85 feet; 4) South 24° 04' 20" East, 400.00 feet; 5) North 28° 51' 30" East, 314.74 feet; THENCE along Kujawski and 'East, 478.75 other land now land now or formerly of McAslan, land now or formerly of land now or.formerly of Stepnowsky, South 21° 57' 20" feet; THENCE along land now or formerly of MOnsell, South 61° 02' 20" West, 13.65 feet; THENCE still along land now or formerly of Monsell, and along land on the map of ~orwold file No. 1275, South 70° 29' 30" West, 266.67 feet; FOR iNFORMATION ONLY: DISTRICT 10 0 0 SECTION 097.00 BLOCK 08.00 Continued ....... LOT 031.000 ,85-'52-53~47 Continued ........ THENCE the following four courses and distances still along land shown on the map of Norwold, File No. 1275: 1) South 6° 32' 10" East, 225.25 feet; 2) South 50° 00' West, 142.50 feet; 3) South 76° 50' 30" West, 232.83 feet; 4) South 0° 19' 30" East, 485.40 feet to the northerly side of a 50 foot wide right of way; THENCE along the northerly side of the 50 foot wide right of way, North 89~ 54' 10" West, 391.74 feet to the point or place of BEGINNING. DISTRICT 1000 SECTION 097.00 BLOCK 08.00 LOT 031.000 Conditions of this Policy 1. Definitions (a) Wherever the term "insured*' is used in this policy it includes those who succeed to the interest of the insured by operation of law including, without limitation, heirs, dist ributees, devisees, su rvi ye rs, personal rep resentatives, next of kin or co rporate successors, as the case may be and those to whom the insured has assig ned this policy w here such ass ign ment is permitted by the terms hereof, and wherever the term "insured" is used in the conditions of th is policy it also includes the attorneys and agents of the "insured." (b) Wherever the term "this company" is used in this policy it means Tille USA Insurance Corporation el New York (c) Wherever the term "final determination" or "finally determined" is used in this policy, it means the final determination of a court of competent jurisdiction after disposition of aH appeals or after the time to appeal has expired. !d) Wherever the term "the premises"is used in this policy, it means the property insured herein as described in Schedule A of his po cy nc uding such buildings and ~mprovements thereon which by law constitute real property. (e) Wherever the term "recorded" is used in this policy it means, unless otherwise indicated, recorded in the office of the recording officer of the county in which property insured herein lies. 2. Defense and Prosecutlen of Suits (a) This company will, at its own cost, defend the insured in all actions or proceedings founded on a claim of title or incumbrances not excepted in this policy. (b) This company shall have the right and may, at its own cost, maintain or defend any action or proceeding relating to the title or interest hereby insured, or upon or under any covenant or contract relating thereto which it considers desirable to prevent or reduce loss hereunder. (c) In all cases where this policy requires or permits t his company to prosecute or defend, the insured shall secure to it the right and opportunity to maintain or defend the action or proceeding, and all appeals from any determination therein, and give it all reasonable aid therein, and hereby permits it to use therein, at its option, its own name or the name of the insured. (d) The provisions of this section shall survive payment by this company of any specific [oss or payment of the entire amount of this policy to the extent that this company shall deem it necessary Jn recovering the loss from those who may be liable therefor to the insured or to this company. 3. Cases Where Liability Artsel No claim for damages shall arise or be maintainable under this policy except in the following cases: (a) Where there has been a final determination under which the insured may be dispossessed, evicted or ejected from the premises or from some part or undivided sbare or interest therein. (b) Where there has been a final determination adverse to the title upon a lien or incumbrance not excepted in this policy. {c) Where the insured shall have contracted in good faith in writing to sell the insured estate or interest, or where the insured estate has been sold for the benefit of the insured pursuant to the judgment or order of a court and the title bas been rejected because of a defect or incumbrance not excepted in this policy and there has been a final determination sustaining the objection to the title. (d) Where the insurance is upon the interest or a mortgage and the mortgage has been adjudged by a final determination to be invalid or ineffectual to charge the insured's estate or interest in the premises, or subject to a prior hen or incumbrance not excepted in this policy; or where a recording office has refused to accept from the insured a satisfaction of the insured mortgage and there has been a final determination sustaining the refusal because of a defect in the title to the said mortgage. (e) Where the insured shall have negotiated a loan to be made on the security of a mortgage on the insured's estate or interest in the premises and th~.title shall have been rejected by the proposed lender and it shall have been finally determined that the rejection of the title was justified because of a defect or incumbrance not excepted in this policy. (f) Where the insured shall have transferred the title insured by an insturment containing covenants in regard to title or warranty thereof and there shall have been a final determination on any of such convenants or warranty, against the insured, because of a defect or incumbrance not excepted in this policy. (g) Where the insured estate or interest or a part thereof has been taken by condemnation and it has been finally determined that the insured is not entgled to a full award for the estate or interest taken because of a defect or incumbrance not excepted in this policy. NO claim for damages shall arise or be maintainable uhnder this policy ( 1 ) if this company, after having notice of an alleged defect or incumbrance, removes such defect or incumbrance within thirty days after receipt of such notice; or (2) for liability voluntarily assumed by the insured insettiing any claim or suit without the written consent of this company. 4. NoIIce of Claim In case a purchaser or proposed mortgage lender raises any question as to the sufficiency of the title hereby insured, or in case actual knowledge shall come to the insu ed o any c a m adverse to the title hereby, or in case of the service on or receipt by the insured of any paper, or of any notice, summons, process or pleading in any action or proceeding, the object or effect of which shall or may be to impugn, attack or call in question the validity of the title hereby insured, the insured shall promptly notify this company thereof in writing at its main office and forward to this company such paper or such notice, summons process or pleading Delay in giving this notice and delay in forwarding such paper or such notice, summons, process or pleading shall not affect this company's liability if such failure has not prejudiced and cannot in the future prejudice this company. 5. Paymenl el Loss (a) This company will pay, in addition to t he loss, all statutory costs and allowances imposed on the insured in litigation carried on by t his company for the insured under the terms of this policy. This company shall not be liable for and will not pay the fees of any counsel or attorney employed by the insured (b) In every case wbere claim is made for loss or damage this company (1) reserves the right to settle, at its own cost.any ctaim or suit which mayinvolve liability under this policy, or (2) may terminate its liability hereunder by paying or tendering the full amount of this policy, or (3) may, without conceding liability, demand a valuation of the insured estate or interest, to be made by three arbitrators or any two of them, one to be chosen by the insured and one by thiscompanyrandthetwothus chosen selecting and umpire Such valuation, less the amount of any incumbrances: on said insured estate and interest not hereby insured against, shall be the extent of this company's liability for such claim and no right of action shall accrue hereunder for the recovery thereof until thirty days after notice of such valuation shall have been served upon this company, and the insured shal~ nave tendered a conveyance or assignment of the insured estate or interest to this company of its designee at such valuation, diminished as aforesaid. The foregoing option to fix as valuation by arbitration shall not apply to a policy insuring a morlgage or leasehoid interest The foregoing option to fix a valuation by arbitration shall not apply to a policy insuring a mortgage or ~eaesehold interest (c) Liability to any collateral holder of th~s policy shall not exceed the amount of the pecuniary interest of such collateral holder in the premises F(d) Al~baymentsmadebythisc~mpanyLmderthisp~~icyshai~reducetheam~unthere~fpr~tant~except (1)paymentsmadeforcounselteesanddisbursementsin defending or prosecuting actions or proceedings in behalf of the insured and for statutory costs and allowances imposed on the insured in such actions and proceedings, and (2) if the insured is a mortgagee, payments made to satisfy or subordiante prior liens dr incumbrances not set forth in Schedule B {e) When )iabildy has been definitely fixed in accordance with the conditions o,f this policy, the loss or damage shall be payable witithin thirty days thereafter 6. Co-Insurance and Apportionment (a) In the event that partial~oss occurs after the insured makes an improvement subsequent to the date Of this policy, and only in that event, the insbred becomes a co-insurer to th~ extent hereinafter set forlh tf the COSt of the improvement exceeds twenty per centum of the amount ct this policy, such propodion only of any partial loss established shall be borne by the company as one hundred twenty per centum of the amount of this policy bears to Ihe sum amount of this policy and the amount expended for the improvement The foregoing ~visions shall not apply to costs and a~orneys' fees incurred by the company in prosecuting or providing for the defense of actions or proceedings in behalf of the red pursuant to the terms of this policy or to costs imposed on the insured in such actions or proceeding, and shall apply to ~hat portion of losses which exceed in the I~gregate ten percent of the face of the policy. . Provided, however, that the foregoing co-insurance provisions shall not apply to any loss arising out of a lien or incumbrance for a liquidated amount which existed on the date of this policy and was not shown in Schedute B and provided u he , such co- nsurance provisions shall not apply to any loss if, at the time of the occurrence o such loss, the then value of the premises, as so improved, does not exceed one hundred twenty per centum of the amount of this policy (bi If the premises are divisible into separate, independent parcels, and a loss is established affecting one or more but not all of said parcels, the loss shall be computed and settled on a pro rata basis as if this policy were divided pro rata as to value of said separate, independent parcels exclusive of improvements made subsequent to the date of this policy. (c) Clauses "(a)" and "{bi" of this section apply to modgage policies only after the insured shall have acquired the interest of the mortgagor (d) ~f'atthetime~iabi~ityf~rany~sssha~havebeenfixedpursuantt~thec~nddi~ns~fthisp~icy'theinsuredh~dsan~therp~icy~finsurancec~vedngthesame~ss issued by another c~mpany, this company shall not liab)e to the insured for a greater proportion of the loss than the amount that this policy bears to the whole amount of insurance held by the insured, untes.s another method of apportioning the loss shall have been provided by agreement between this company and the other insurer or insurers. 7. Assignment of Policy ~f the interest insured by this policy is that of a mortgagee, this policy may be assigned to and shalt enure to the benefit of successive assignees of the mortgage without consent of this company or its endorsement of this policy Provision is made in the Company rate manual filed witht he Superintendent of Insurance of the State of New York on behatf of this Company for continuation of liability to grantees of the insured in certain specific circumstances only In no circumstance provided for in this section shall this company be deemed to have insured the sufficiency of the form of the assignment or other instrument of transfer or conveyance or to have assumed any liability for the sufficiency of any proceedings after the date of this policy 8. Subrogation (a) This company shall to the extent of any payment by it of loss under this policy, be subrogated to all rights of the insured with respect thereto. The insured shall execute such instruments as may be requested to transfer such rights to this company. The rights so transferred shall be subordinate to any remain lng interest of the insured. (bi If the insured is a mortgagee, this company's right of subrogation shall not prevent the insured from releasing the personal liability of the obligor or guarantor or from releasing a portion of the premises from the lien of the mortgage or from increasing or otherwise modifying the insured mortgage provided such acts do not affect the validity or priority of the lien of the mortgage insured. However, the liability of this company under this policy shall in no event be increased by any such act of the insured. · . Mlsrepresentalion Any untrue statement made by the insured, with respect to any material fact or any suppression of or failure to disclose any material fact, or any untrue answer by the insured, to material inquiries before the issuance of this policy, shall void this policy, 10. No Waiver of Conditions This company may take any appropriate action under the terms of this poticy whether or not it shall be liable hereunder and shall not thereby concede liability or waive All actions or proceedings against this company must be based on the provisions of this policy, Any other action or actions or rights of action that the insured may bring against this company in respect of other services rendered in connection with the issuance of this policy, shall be deemed to have merged in and be restricted to ifs terms and conditions. 12. Validation and Modification This po;icy is valid only when duly signed by a validating officer or agenh Changes may be effected only by written endorsement. If the recording date ot the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or incumbrances, except real estate taxes, assessments, water charges and sewer rents, Title USA Insurance Corporation of New York New York State Offices Albany County 90 State Street, Albany, NY 12207 (518) 472-9161 Nassau County 170 Jericho Turnpike, Floral Park, N.Y. 11001 (516) 354-8500 (718) 347-2010 New York County 120 Broadway, New York, NY. 10271 (212) 732-9760 (718) 739-4001 Rockland County 2 New Hempstead Road, New City, N,Y. 10956 (914) 634-3612 (212) 292-1528 Suffolk CoUnty 127 W. Main Street, Riverhead, N.Y. 11901 (516) 727-4140 (212) 962-1445 Westchester County 235 Main Street, White Plains, N.Y. 10601 (914) 948-4040 (212) 824-0404 Policy 21 (12/85) N.Y.B.T.U. Form NO. 100D P R O P E R T Y R E C O R D S GOURDS AND GHOULS GALORE, Krupski's Pumpkin Farm, Peconic Suffolk Times photo by Judy AiYens {1.9 2005 Suffolk Co Tax Map Book 1000-97.-8-31.2 34.7A(c} File View foolbar He p ~)7.-8-31.2 4 old ~ -., ~ ~- :,R/S~, 5~6~ ;NattituckSchool OWne~ To~' i';~:~~?~, ~= , AddlA~dr: . ~ ' ?~: ~ 1:600 Pa~ 00591 Cit~ CutchO~ue. NY ,; Zip: i~935- , SMa Tokai: 0 - S teloIl Land 0o~0 Book Page Sale Date Sale PHce Owner ;,;: P~pcls: L~nd ~ Nbh~ d:O :Sewec E~empbon To{a~ ~1 T~ ~wn~ ~; Building ' TO~: 0 Code : Amom~ Y6~ -})Pct ;41720 AG DIST. ~ :2,600 0 ,~::' ~::~. ~de ~ Units P~ Ty~ , Uo~:Tax~ ~e Name D~I Dim2> SQFT YfBuilt PK090 Cutch-New S~ .00 ~00,: , Prints the screer [Snap... /ooo- 9~-~'.6L.~- ......... OWNER STREET I q5 VILLAGE DIST. SUB. S ~ W TYPE OF BUILDING >,ES. SFAS. VL. F~,P,M I ~_C~ COMM. CB. MISC. Mkt. Value D ' woodland swampland FRONTAGE ON WA~ER Brushland FRONTAGE ON ROAD ~ ~,~ ,,, ~, z~ House Plot DEPTH ~ /,~]~ _,, ~MAP OF PROPERTY FOR Al. BERT ,1 KRUPSKI, JR. AT CUTCHOGUE TOWN OF SOUTHOI D SUFFOLK COUNTY, N.Y. 'REGtSTI~:OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 so~old~w~orthfork.=~t March Y]. 2O03 Attorney a~ Law Po~t Office Box 705 32495 Main Road Cutchoguo, New York 11935 ThC Southold Town Board at their regular meeting held on March 11, 2003adopted mso!ufion numb~ 155 rcgardi-g thc conscut form for Albert Kmpski, Jr. A certflied copy of this resolution is ~nclosecL May I ask that you send me a copy of the covcnan~ and restrictions for my file? If you should have a~ny questions conccxaingthis mm'teL please conlav~t me. Tha~ yo~t V~3r truly yours, Southold Town Clerk Town Attorney Land Pre~rvation Department REGISTRAR OF VITAL STATISTICS MARRIAGE OFF~.ER · ~m~DOM OF n,u~o~k~ O~'~CER Town Hsll, 53095 Main Road P.O. B~x 1179 Southold, New York 11971 Fsx (631) 765-6145 Telephone (6~1) 765-1800 so~oI~~k~et OFFICE OF T~E TOWN TOTM OF SOUTHOLD ON M:iRCH il, 2003: WI~ERE~S, tn 1986 ~Abert L Kmpski, Ir., sold the development rights to the ToWn of Southold · to 21.8 acres ofhis 27.8774 acxe farm; and WHEREAS, thc property is now known as SCTM# 1000-97-8-31.2, 31.3 and 31.4; and WI~.REAS, Albert Kmpski, Jr., is currently before the Planning Board to subdivide the reserved~ area into 2 lots; and WHEREAS, thc Health Depaxtment has required the filing of a Declaration of Covenants and Restrictions as a condition of approval. The Declaration pertains to conditions ha~ng to do with public water connections to the proposed residential lots; and WHEREAS, due to the fact that the Town owns the development rights, a consent form is required from the Town, consenting to the filing of the above-mentkmed covenants and restrictions; be ii therefore RESOLVED that the Town Board of the Town of Southold anthoriz,es and directs Supervisor IJoshua Y. Ho .rt_o.n to si~ the consent form known as Schedule. B for Albert J. Krupski~ Jr., Health Department Reference No. S10-01-0016. Elizabeth A. Neville Southold Town Clerk ~-~; -tOD '(j3:~¢p GaY FL~M~INER OLSIi~N.ESQ~.- 6~1 73,4 7712 OLSEN ~ OLSEN, L.I.E ^TTC)KNEY$ KI' LASv/ I"IANNE~. O~SEN DA¥1r) Sgro~'rHiNcroN OLs~ ~(.~R~EY AT ~ A~FO RNEY AT LAw BO~ ?0~. * 3249~'MAiN ]gOAD ' cUTcHOGtJE, LONG ISLAND, NE~' YO~K 11935 PHONE 6~1-734-7~6G FAX GBt-734-771Z ' olsenl~w~opttmIi~le.ncr PAG]~$ TO ~OLLOW: NOTIFY THIS OFF/CE IT MESSAGE .i ~'¥---.~1~..5--03'~'-- -~ 03:4~iP GARY FLANNER OLSEN.ES(~. 63'I 734 77].Z TH~S DECLARATION made by Albert J. Krt~psk!, Jr. this day of Septe~absr, 2~02, (%) residing at No ~ Skunk Lane, Cu~chogue, NY 11935 kerein relearn& to as the DEClaRANT, as Lh~ owI~£ of p~emi~as described in Schedule ~A" anne×ed heret~ (hereinafter re~ed ~o a~ ~h~ PRRMISES} ~eairea to restXic~ the use and enjoyment of said P~EMtSE~ are has for PREmiSES ~hatL ~ held and shall be con~eyed 8bbJe(':t to thu foil.owing covenants and restrictioma: 1. DECLABANT has made application to the Suff(a}~ C0uRLy Department 6f Health Services ~hare£na~te~ referred to as t.h~ DEPARTMENT) for'a permit to construct, approval of plans or approval o~ ~ subd~vLsl, on or dev~LOpmon~ on th~ PREMISES. 2.a) AA a condition of approval by the DEPABTMENT eL the subdivision or development app]ication, the DE(iI.ARAHT c0~e~a~.s that t~e~e ~hall be no conveyance, of any plot unless publio water is extended thereto ~n accord~c~ with the approved plans on file w.i. tb Lhe DEPARTMENT. '£his shall not p~ev~nt a co~ve~ance of ths ~ntire subdivision ~ub~ect to thi:; covenant. Z.b} Aa a further condition of approval by DEPARTMENT of the subdiwision or dev~lopraent ~he DECLARANT covenants that prior to conveyance of bet 3, of said map, tho existing well shall be abandoned ~nd the dwellin~ connected tO public water. 3- The D~CLARANT, its s~cces$ors and/ox assigns shall set forth these covenants, agreements and dec]arat.~of~s in any and all leases to occupants, tenants and/or lc~;sces of thu above desonibed property and sh~tl, by their terms, subject same to the covenants and restrictions contained herein- E'ailure of the DECLARANT, its succe~:sors ;tad/or assigns to so condition the leases shall not invalidate :i ~ar~05-03· , .03;45P G~Lt~y FLANNER OLSEN,ESQ- E3~ 7~4 77~2 their aukot~atic subjugation to restrictions. the covenants and 4. All of the covenants and restrictions sontained h~reln shall be construed to be in addition to a~ld. net in derogation or limitation upon any provisions of ioc~l, state, a~d federal laws, ordinances, and/or regulations in e~ect at ~%e timm of execution of this ag~Rement, oY at the ~m~ SU~ laws, ordinances, and/or regulations may therea(tor be revised, amende~, or pro~9~ga%ed. 5- This document iD m~de subjec= Do the provi:~lons of all laws required by law ~r by their provisiono t'o be incorporated herein and they are de~med to be %ncofporated here~n and made a part hereof, ~s though fully set forth. 6. The aforementioned RestricLive Covenants shall be enforcoable hy the County o~ Suffolk, State of New York, by injunctive relief or by any other r~medy in oquity of at ]_aw. Thc failure o~ ~aid agencies of the County of S~=f'folk to enforce th~ same shall not be deemed to affect ~.hu ualid~y ok thi~ covenant nor to impose any llabilltv whatsocvor upon the County of Suffolk or any offic~r' or employee thereof. 7. These co=enants and restrictions shall run with the land and ~hall be binding upon the DECLARANT, ~%s uuccessors and assi. gns, and upon all persons o= en~ities claimin~ under them, and may be terminated, revoked o~ amended orl]y with the written consent of the DEPARTMENT. 8 If any section, subsection, paragraph, clause, phrase or provision of these covenants and restric~%ons shall, by a Court of competent jurisdiction, bm adjudgud ii legal, ]~alawfui, invalid, or held to be ~nconsti~uY[onal, the same shuli not affect the validity of these covenants as a whole, or any othmr part or provision hereof othe~ thau the pa~'~ so adjudged to be illegal, unlawful, invalid, or uOconstitutional, 9. Local Law $32-1980 - Tho DECLARANT represents and warrants that he has ~ot offered or given any gratuity to any ot~iciai, employee, or agent of Suffolk County, N~w York State, or of any political party, with the purDoso or ~ntent P - 06 iMa"r'-05-03 03:46P GARY FLAINNEI~. ~E~t"~,.~. ~3]. '7.r~4' 771Z P-O? or s~curing favorable treatment with respect to [>erformance of~ an agreement, and that such person kas read and is fantiliar with the provisions of Local haw ALBERT J.'~R~PS~ JR': State o£ Re~ York ) County of SUffolk ) On the [,~ day o~ Septembe~ in the year 2002 befozu m~., the undersigned, peri,ally ~ear~, ALBERT J, ~RUP~I, JR. saJl~sfaCl.o, ry ev{:dence to b~ the ~ndividuat whose ~s~ne is subscrj~bed to the within inStrumeut an~ ackn-owl~ged to ~ ~hat. h~ ea~cu Upo~ the same tn bis cap$~t¥, and %h~ by his instrument, the individual or t'he 'person which~ the inckividuaL acted, execui~.d the .]l~,:a,,r-~0,s.-O3 O3:4LSP GAR. Y FLANNF-~R 0ES~"~.~J:~- 63'1 734 P. 03 '/'tTLF, NO. g2. 370a.-&B379.S$-SUFF SCHeDUlE A ALL that certain plot, piece or par~.e3 of land, siC. ua/c, lyin.g and bci~9 ac Cu~cho_que, Tow~n of .qouthold, County of Suffo]k and State of' N~w Y~'k, BEGI~T~IIN(~. dL ~ point on the ~aster]~ ~ido of land ~oW or formerly ~ EhegJ~h~ which point is. c~istant 92.96 £~et ~Quth,~rly from'the corner fo~"med b~ ~he int~re~c~on o~ ~kC ~aster~y m~d~ oi Little Nook'Road wi~h the soutkert¥ side of Eugene-s ~oud; RUNNING TI{ENCE along naid land North 89 c~egrees 47 minu~es 50 KL]NN~N£~ 'ITK~'NCE a.lon.q lauds now or foz'mcrly of F:. zea~ski and salo~ianlak, N~rth 80 degrees bV m~nntes 00 seconds East 320.87 fee~; R[TNNTNG TM~C~ along land now or of Bay Avenue~ formerly el M. Zenesk~, North 64 34~'.12 feet to the weuL~rly side p~gNIN¢4 THENC. E along the w~_zt~_rly tiide of Bay Aveaue Souhh 30 d~..cJre.~,'J 5f~ minuL, e. 8 10 seconds R.a%~t 201 78 f"cct t:o Land now or formerly o£ ~ager; ~uNNLNC ['HF:_'.NCE along sa~d /and Sogr, h 64 deg.ceeJJ 1'). minu~es West ~9'- 88 RUNNZNO '['HENC~ along said band and along lands now or ~ormer]y o£ gre~orczyk and McAslcz, gou~h 24 degrees 04 m/nutes 20 m~oond~ East ].91_42 feet; RUNNING ~IRNCE alon9 lands now or fo~,erl¥ of McAstcr, Kujawski and St. epnowsk¥, Mou~h 2~ degrees 57 rainutes 20 seconds East 478.75 fe~t to land now or iormerly o~ Monsell; ~UNNiNG 'I~It~CE along said land and land shown on Map fi1~.d ~n th~. Suffolk County Cle~'k~s Office on March 13, 12'/.~ l.t~s ~ollowii~9 five (b) courses end distances: of Norwo] d ].939 as Map (1) South '/0 degrees 29 mi:r[utas 30 seconds West 266.6~ fee~; (3) Soul. h 50 degrees 00 minutes West 142.50 feet; ,;)~,~'~--4~,5~O3 O3:4-5P GARY FLANNELS. (~) ~O~lt.h 76 :]e~3rees 50 mi~ute~ 30..gec:ond.'~ ~es~. 232.~.3 EeeL; ~¢~w or ~orm~-'rly of Tangney; ~h[NING 'I'MENCE alon9 said land a[~ alo£1g l~lnd now o~ Andruski, North 89 degrees 5~ minuteM 10 smconds west to the ea£:t~r]V side of Little ~eck Road; formerly o~ b4~jll feeC '~ItN-NING 'I'HHNCE along the casterly o d=~k~ees 05 minutes 50'secon~s side of Little Neck Road, North E~st 50 ~eet L~ lan~ now Or RUNNtN~ THEi~CH along said la_nd, South 89 degree 5.1 minutes 10 se~c~%d.~ Ra..~t 150 feet and North 0 degrees 05 r~i~uten 5~ ~ee~%d~ East. 12:., £ect F 9lrNAIING '£q4ENC]~ alo~l.q land now or forn~erly of ©¥,~,i,.%nik North 0 d~..~]ree~ O0 minutes 30 ?.'.eeonds East 100',~8 [eeL; RUNNING TIIT'.NC~ along land~ now or ~ormerly of Morrt~, Schuhman, SLep~%osk¥, Lawrer)ce, Ori~nt=lu and A¢~, North 0 de~rccs 00 :~0 sccoru:h} West 700 RUNNTNG THENCE along said land of AcLu, South 89 degrees 5~ minutes 30 ~)c¢,~dn West 150 feet go the easterly side of Lirg'le Neck A~NN.I~ TMRNCE alert9 che easterly side of Litale Neck Road, NorEh 0 dcgree~ 00 minutes 30 secouds West, 385.83 feet a~d North deqree~ 12 minutes 10 seconds 264.~7 feet to the pein% or place BEGinNINg_ SUF~CT to non-e, xclusive right-o[-woy 50 feeE in width in favor of '£ang[~}', runn~n~ easterly from Little Neck Road alo~g ].ands of Andr~n~ki and Tar~9ney, to the northeas~ cor~er of land of Tangney, f,,'la~-o$.o3 O3:45P ~ARy FLAN~ER oLsEN-E~q~ 631 73~ 771Z P-O5 [n the matter of the application of Albert. J. Krupski, Jr. the ~ndcrs~gned, as ho].~ier of a mortgage~or lieD. on premises described in Schedule A annexed hereto, ~ereby'cmnse~ts. to the ann,e~d, covenants a~d restriction~on, said premises. ACKNOWLEDGM~N~ StaLe of N~.~ York ) County On th~ ~ day of ~in the yea~ 2002 before me, thc perso~atly known to me o~ proved Lo m~on the basis of satisiastory evidence to be the individual whose nam~ subscribed to the within instrument and acknowledued to that he/sh~ exocuted the same in his/her capacity, and thaL by his/h~ ~ignature on the instrument, th~ indlv.:d, ual the per~n behalf of which the individual acted, N~. S2-4.~0~272 Comm~i~ SCHEDULE B CONSENT DECLARANT: AT~ERT J. K!~UPSKI, JR. H.S~ REF. NO.: S10-01-0016 In the matter of the application of Albert J. Kmupskit Jr., the undersigned, as owner of developmemt rights oD premises d~scribed in Schedule A annexed hereto, here~y consents to the annexed covenants and restrictions on said Premises. TOWN OF SOUTHOLD /shua Y,' Horton, SupervisO~ Town of Southold STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On thel~ day of March, 2003, before me personally appeared ~..= ¥ ~..~ , personally known to me or proved to m~-6~-%h~-b~£~ of satisfactory evidence to be the indiuidual(~) whose name(~) is(~k~]/ subscribed to the within instrument and acknowledged to me that he/~/~ executed the same in his/~h~]{~r capacity(ies), and that by his/her/their signature(s) cn the instrument, the individual(S), or the per,on upon behalf of which the ind±vidual(~) acted, executed the instrument. 1 9 8 6 M O N I T O R I N G I S S U E JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 December 5, 1986 Bud Cybulski, Chairman Farmland Preservation Committee Town of Southold Southold Town Hall Southold, l~ew York 1:1971 Dear Bud: In response to your letter of November 21, 1986 concerning the dwelling being constructed by Mr. and Mrs. Albert J. Krupski, Jr. partially within the area where the Town has acquired the development rights at Skunk Lane, Cutchogua, the Board met with Mr. and Mrs. Krupski during their work session on December 2, 1986. Although the Board is extremely sympathetic'to the problem facing Mr. and Mrs. Krupski, and are firmly convin~:ed this is a genuin~ mistake, they are unable to grant them relief. The Farmland Preservation Law is very specific and they have only two courses of action: mandatory referendum or removal of the dwelling from the development rights area. Mr. Krupski advised the Board he does not wish to risk a referendum, and is in:the process of receiving estimates to move the building as soon as possible. Very truly yours, Judith T. Terry SOuthold Town Clerk TOWN OF SOUTHOLD Farmland Preservation Committee Town Hall Southold, NY 11971 Tel · 765-1938 November 21, 1986 Supervisor Francis J. ~urphy Town Board Members Town Hall Southold,NY 11971 RE: Farmland Preservation Program Dear Boardmembers: It has come to our attention that Albert J. Krupski, Jr., who has sold the development rights to his farm West of Bay Avenue, Cutchogue is in the process of constructing a dwelling house, a uortion of which is located in that area upon which the Town of Southold has acquired development rights. In the opinion of our Committee this is not permitted by the provisions of Chapter 25 of the Southold Town Code. Therefore, we request that the Town Board take appropriate action to resolve this issue. Very truly ~;ours, Bud Cyb~lski~ Chairman Southold Town Farmland Preservation Committee dms cc: Town_Clerk Town Attorney 1 9 8 7 U S E R E V I E W R E Q U E S T TOWN OF $OUTHOLD Farmland Preservation Committee Town Hall Southold, NY 11971 Te 1 · 765-1938 July 21, 1987 Mr. Victor Lessard Executive Administrator Building Department Town Hall Southold, NY 11971 RE: Albert J. Krupski, Jr. Property at Cutchogue (SCTM # 1000-97-8-31) Dear Mr. Lessard: Mr. Albert J. Krupski, Jr. has requested that the Farmland PReservation Committee advise his on whether they would approve construction of a farm equipment storage building on the land where the Town owns the development rights. The Committee has inspected and made a review of the proposal and has no objection to construction of this storage building on the land where the Town owns the development rights providing that the storage building is not connected to the existing dwelling under constructic~ at this time. Enclosed is a copy of the rendering and survey with location of the storage building for your information. Very truly yours, BUD CYBULSKIj CHAIRMAN SOUTHOLD TOWN FARMLAND PRESERVATION COMMITTEE DMS CC: Albert J. Krupski, Jr. RR#3 38030 Main Road Cutchogue, NY 11935 1 9 9 6 U S E R E V I E W R E Q U E S T Krupski Farms, 2790 Skunk Lane, Cutchogue, NY 11935 Dear Mr. Krupski, This letter confirms the resolution of the Land Preservation Committee at our regular meeting on April 8, 1996 unanimously approvintt the construction of a greenhouse approximately 48' x 12' on your farm, tax mal~ 10004)97-31.2. It is the understanding of the Committee that minimal grading will be required and this understanding is an element of the approval. As was mentioned at the meeting, you should deal with the Building Department as to the construction specifications of the building. Thank you for your involvement in the Town Farmland Preservation program. Sincerely, Joseph M. Gold Chairman Copies: Building Department Town Attorney 2 0 0 4 U S E R E V I E W R E Q U E S T MELISSA A. SPIRO LAND PRESERVATION COORDINATOR Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-5711 Fax (631) 765-1366 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD TO: FROM: DATE: RE: Michael Vedty Chief Building Inspector Melissa Spire Land Preservation Coordinator February 11, 2000 Request for Poly Hoop Greenhouse within PDR Easement SCTM#: 1000-97-8-31.2 Landowner: Albert J. Kmpski, Jr. On February 2, 2004, Albert Kmpski, Jr. sent a letter to the Land Preservation Committee requesting permission to erect a 22' x 120' poly hoop greenhouse within the existing Town Development Rights Easement. The location of such is sketched on the attached survey submitted by Mr. Kmpski. The Land Preservation Committee, in accordance with Section 25-50 C. (2) [3] of the Town Code, reviewed the request at the February 10, 2000, Land Preservation Committee meeting. The recorded easement for this property allows land within the easement to be used for the purpose of agricultural production. The Committee determined that the poly hoop greenhouse is allowed within the easement area. A motion was presented and unanimously adopted to recommend approval and construction of the poly hoop greenhouse in the proposed location, in accordance with all applicable Code requirements. enc. CC: Albert Krupski, Jr. Planning Board Albert J. Krupski~ Jr. 2001 Aerlal SCTM #1000-97-8-31,2 2 0 0 6 U S E R E V I E W R E Q U E S T Land preservation Committee December 5, 2006 Dear Committee, It is my intention to erect deer fencing on my farm in Cutchogue, between Little Neck Road and Skunk Lane. This is an expense to lightly undertaken, but necessary due to the ever expanding deer population. I am writing to inform you of this project because Southold Town purchased development rights from my farm years ago. Very truly yours, Albert J. Krupski, Jr LAND PRESERVATION COMMITTEE MEETING Minutes of Regular Meeting held Tuesday, January 9, 2007 at 7:00 p.m. Members Present: Members Absent: Also present: John Sepenoski Chris Baiz Ray Blum, Chairman Michelle Zaloom Ray Huntington Lillian Ball Eric Keil (7:25 p.m.) Melissa Spire, Land Preservation Coordinator Melanie Domski, Land Preservation Secretary Al Krupski, Town Board Liaison Jack McGreevy, Conservation Advisory Committee (observer) Stephen Sead, Peconic Land Trust Timothy J. Caufield, Peconic Land Trust Commencement: The meeting began at 7:12 p.m. with four LPC members preseot. Land Prese[vation: Use Review Request · KRUPSKI PROPERTY SCTM #: 1000-8-97-8-31.2 Zoned: Location: Skunk Lane, Cutchogue Town: Total Acreage: 21.7 acres Discussed request for deer fencing oo Town PDR. Al Krupski presented a use review request for deer fencing. LPC approved. PDR 2 0 0 9 U S E R E V I E W R E Q U E S T MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spim @ town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFi~ICE LOCATION: Town Hail Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD December 23, 2009 Albert J. Krupski, Jr. 2790 Skunk Lane Cutchogue, NY 11935 RE: SCTM # t000-97.-8-31.2 KRUPSKI Property Request for Land Preservation Committee Review of proposed chicken coop on property on which Town owns a development rights easement Dear Al: The Land Preservation Committee Members, in accordance with Section 70-5 C. (2) [3] of the Town Code, reviewed your verbal request that you outlined at a Land Preservation Committee meeting held on December 22, 2009, for an 8'x12' chicken coop to be located upon land on which the Town owns a development rights easement. The recorded easement for this property allows land within the easement to be used for the purpose of agricultural production. Section 70-5-C. (2) [3] requires that the Committee serve as a review board for the granting of permits for the construction, reconstruction and additions of and to structures in or on agricultural lands in which the development rights have been acquired by the Town. The Committee is approving the use you requested, as listed and clarified below, to be allowed within the development rights easement area. The Committee's approval does not mean that you can proceed with construction. All improvements are subject to all applicable Town Code requirements. 1. Erection of an 8'x12' chicken coop to be located where indicated on the attached 2004 aerial view of your property. 2. Said structure is to be used for housing chickens. Please note that the Committee's approval of the uses within the easement does not mean that such uses will be approved or permitted by other Town Departments or agencies. The Committee's approval allows you to proceed with pursuing any applicable approvals that are required by Town Code. Please feel free to call me if you have any questions regarding the above, Sincerely, Melissa Spiro Land Preservation Coordinator encs: marked aerial cc: Planning Department w/marked aerial Building Department w/marked aerial A E R I A L S 2004 Aerial KRUPSKI 195 Little Neck Rd, Cutchogue sold to Town of SoUthold 2001 Aerial KRUPSKI ProI y 195 Little Neck Rd, Cutchogue 21.735 acres dc ~men~ rights easement sold to Town of Southold on 3/3/86 S U R V E Y N/O/F SHERRARD N/O/F HILDEERANDT TOTAL AREA= 27.8774 Acres ZONIN~ DISTRICT~ R - 80 SCHOOL DISTRICT, CUTC. NOGUE FIRE DISTRICD CUTCHOGUE .MAP OF PROPERTY FOR ALBERT J KRUPSK/, JR. A T CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, IV.. Y: 1000 - 97 - 08 - 31`2, 31,3 & 31`4 SCAI~... 1"= 100' JUNE 25, 2001 CONTOUR LINES ARE REFERENCED TO TNE OUTLINE SURVEY INFORMA T/ON FROM SURVEY BY RODERICK VAN TUYL, ?.C. DATED DEC, 2.9, 19R2 PECO~tC ~UR~'~ ~, P,~ t r 3:ZO. TOTAL. AEEA = 77.8774 "FAR/A" A2EA = Zi.735 7' : FIN~ ~w,~,,~ ~ t,~'~' SURly I~ ~ '~ ~AP OF PEOPE2TY ~ ......... ,. ~l ~ ,-~ , / I I"~ l<' -~ ..... . .... z: --~t.~ - ~- ......... ~ ~/ t ~ -, ~ ~ '--' ~, ,,~,-'~::,~"~.' :T ~+z.,', :.' CUTCHOGUE -- e= lEON PIPE INSU~AH~ COMPANY B =/AONU~ENT · 5~VEY~D . ~ DEC.~,{9~. :'