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Home My WebLink AboutKaloski Estate ( Zelinski)1000-102-4-6.1 & 1000-109-1-24.4 (f/k/a 1000-109-1-p/o 24.1) Baseline Documentation Premises: 1350 & 1855 Alvah's Lane Cutchogue, New York 57.0 acres Development Rights Easement FRANCES ZELINSKI, as Executrix of the ESTATE OF SOPHIE KALOSKI to TOWN OF SOUTHOLD Deed dated February 5, 1999 Recorded February 18, 1999 Suffolk County'Clerk - Liber 11946, Page 075 SCTM #: Premises: Hamlet: Purchase Price: Town Funding: Grant Reimbursement: CPF Project Plan: Total Parcel Acreage: Development Rights: Retained Parcel: Zoned: Existing Improvements: 1000-102-4-6.1; 1000-109-1-24.4 (f/k/a 1000-109-1-p/o 24.1) 1350 & 1855 Alvah's Lane Cutchogue $517,275.00 (57.0 acres ~ $9,075/acre) Agricultural Land Preservation Capital Fund NYS Ag & Mkts Grant ($316,168.00) n/a 60.856 acres 57.0 easement acres 1000-102-4-6.1 = 22.811 acres 1000-109-1-24.4 = 34.189 acres 3.856 acres (f/k/a 1000-109-l-p/o 24.1 n/k/a 1000-109-1-24.3) A-C In February 1999- 1000-102-4-6.1 has concrete pumphouse in southwesterly corner and partial wood fence on center northerly property line, woods, open farm fields, hedge & dirt farm roads; 1000-109-1-24.4 has woods, open fields, dirt farm roads, no structural improvements The subject properties are located on the east and west side of Alvah's Lane, approximately 1,500'+-north of Main Road, Cutchogue, NY 11935. The west parcel is approximately 38. acres according to a survey from Van Tuyl. This parcel contains a one story dwelling with outbuildings. The house, barns and sloping fallow area comprise approximately 4 acres. The remaining 34 acres is mostly tillable farmland with a water well. The total dimensions are 2,355.7'E on Alvah's Lane x 350.1', 82.3', 360.9'S x 2,230.3', 453.1'W x 329.2', 341.2'N. The farmland is gently rolling and used for the growing of crops. The soil types are HaA haven loam type with a slope of 0-2%. The soil is commonly used for housing developments and the growing of crops. The acreage appears to be subdividable, there are no current plans for residential subdivisiom The acreage is not located in a flood zone. The public utilities are electric and telephone. Water is provided from private well and there would be private cesspools. Alvah's Lane is a macadam road publicly maintained. There are street lights. The subject is located in a mostly residential area. The subject is very compatible with the adjoining land uses. The east farm is located direetly across Alvah's Lane. The parcel is unimproved except for a irrigation well and pumphouse. The entire farm is tillable. The dimensions are 621.3'W on Alvah's Lane x 822'N x 1,855'E x 752'S. The parcel is 22.749 acres according to a survey from Van Tuyl. The parcel is rolling farmland. The acreage appears to be subdividable. There are no current plans for subdivision. The acreage is not located in a flood zone. The soil type is HaA haven loam. There is a one story frame dwelling built approximately 80-90 years ago. The dwelling is in good/fair condition. The exterior has asbestos shingle, there are aluminum gutters, asphalt shingle roof and wood windows with aluminum storms and screens. The living area is approximately 1,233 sq. '. The home is heated with oil/steam radiators. The home appears to be insulated. The interior is improved with sheetrock walls and ceilings, the floors have wall to wall carpeting. There is a eat in kitchen with refrigerator and gas range (bottled), dining room, full bath with tub and vinyl floor, living room, enclosed porch and two bedrooms. There is a attic used for storage. There is a 3/4 full basement and 1/3 crawl space. The basement has cement/dirt floors and rock/cement walls. There is a outside entrance. The wiring is 100 amp circuit breakers and appears to be adequate. The plumbing appears to be adequate. There is a washer and dryer. Building #I is a one story frame three car garage measuring 34' x 24' in fair condition. Building f2 is a one story frame two car garage measuring 23' x 18' in fair condition. Building #3 is a one story frame shed measuring 20' x 8'. Building #4 is one story masonry potato storage barn measuring 31' x 50' in fair condition. Building //5 is a 1 1/2 story frame barn measuring 30' x 60' in fair condition. 15 P R 0 P E R T Y V I S U A L S S. Kaloski Est. SCTM#102.-4-6.1&109.-1-2 Development Rights-56 acres [] Subdivision Park [] Town/County Development Rights [] Subdivision Open Space [] S. Kaloski Est. 1 9 9 8 P H O T O S Year 1998 Subject Dwelling ect gl ect #2 34 Year 1998 ect #3 Subject #4 ect//5 :,~ear 1998 ~t Street Subject West Farm Subject East Farm P U B L I C H E A R I N G S ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLOTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON DECEMBER 22. 1998: WHEREAS, THE Town Board of the Town of Southold resolved to purchase the development rights of 55 acres of agricultural lands owned by the Estate of Sophie Kaloski, located on the west side of Alvahls Lane, Cutchogue, New York, WHEREAS. the Estate of Sophie Kaloski has expressed its desire to sell the development rights for two (2) additional acres of the parcel of land known as SCTM # 1000-109-1-2Lt.1 located on the west side of Alvah~s Lane, Cutchogue, New York; BE IT RESOLVED that the Town Board of the Town of Southold hereby sets 5:05 P.M., Tuesday, January 19, 1999, Southold Town Hall, 53095 Main Road, Southold, New York, as the time and place for a public hearing on the question of the acquisition of approximately two (2) acres of development rights in the agricultural lands of the Estate of Sophie Kaloski, at the price of $9,075.00 per acre, which acres are part of the parcel of land known as SCTM # 1000-109-1-2Lt.1 located on the west side of Alvah's Lane, Cutchogue, New York. · Neville Southold Town Clerk December 22, 1998 !1 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE OF HEREBY GIVEN that pursuant to the provisions of the Agricultural Lands Preservation Law of the Town of Southold, constituting Chapter 25 of the Southold Town Code, the Town Board of the Town of Southold will hold a public hearing on the 19th day of January, 1999, at 5:05 P.M., at the Southold Town Hall, 53095 Main Road, Southold, New York, on the question of the acquisition by the Town of Southold of the development rights in the agricultural lands of the Estate of Sophie Kaloski, at the price of $9,075.00 per acre, which acres are part of the parcel of land known as SCTM# 1000-109-1-2u,.1 located on the west side of Alvah~s lane, Cutchogue, New York. FURTHER NOTICE IS HEREBY GIVEN that the file containing a more detailed description of the aforementioned parcel is available in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested persons during normal business hours. Dated: December 22, 1998. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE ON JANUARY 7, 1999, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Traveler Watchman Town Board Members Town Attorney Town Clerk's Bulletin Board Estate of Sophie Kaloskl Land Preservation Committee PUBLIC HEARING SOUTHOLD TOWN BOARD JANUARY 19, 1999 5:05 P.M. ON THE QUESTION OF ACQUISITION BY THE TOWN OF SOUTHOLD OF APPROXIMATELY TWO (2) ACRES OF DEVELOPMENT RIGHTS IN THE AGRICULTURAL LANDS OF THE ESTATE OF SOPHIE KALOSKI. Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelll Councilman Brian G. Murphy Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski SUPERVISOR COCHRAN: We will move on to the hearing in relation to the two acres of development rights on the agricultural lands of Sophie Kaloski. Brian is going to read the notice. COUNCILMAN MURPHY: "Notice is hereby given that pursuant to the provisions of the Agricultural Lands Preservation Law of the Town of Southold, constituting Chapter 25 of the Southold Town Code, the Town Board of the Town of Southold will hold a public hearing on the 19th day of January, 1999, at 5:05 P.M., at the Southold Town Hall, 53095 Main Road, Southold, New York, on the question of the acquisition by the Town of Southold of approximately two (2) acres of development rights in the agricultural lands of the Estate of Sophie Kaloski, at the price of $9,075.00 per acre, which acres are part of the parcel of land known as SCTM# 1000-109-1-24.1 located on the west dies of Alvah's Lane, Cutchogue, New York. Further notice is hereby given that the file containing a more detailed description of the aforementioned parcel is available in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested persons during normal business hours. Dated: December 22, 1998. By Order of the Southold Town Board. Elizabeth A. Neville, Southold Town Clerk." We have an affidavit that it was published in the Traveler-Watchman, and another affidavit that it was posted on the Town Clerk's Bulleting Board in the Town Hall. A Short Environmental Assessment has been prepared, and approved by the Southold Town Board. It has no Environmental Impact. pg 2 - PH ' SUPERVISOR COCHRAN: You have heard the reading of the Local Law in relation to the acquisition, and Brian did give an explanation earlier as to how, because our Code says you can't buy under ten acres, but this is a different circumstance. This isn't a separate sale. It is all a part of the property that we are looking to obtain from the Kaloski family. Is there anyone who would like to address the Town Board in relation the purchase of the development rights? JIM MULHALL: I am Jim Mulhall. I am spokesperson for the Kaloskl family, and I have just one question. Where are the two acres being taken from? We have no map. SUPERVISOR COCHRAN: Brian, can you help us on that? COUNCILMAN MURPHY: The original fifty-five acres, when the survey came in and it was finally fifty-seven acres, after they had cut out where the barns, and the house is. So, this is just making up that additional two acres for the town to purchase the development rights. TOWN ATTORNEY YAKABOSKI: I have additional information that I dldn~t share with Councilman Murphy today. The surveyors are going to be contacting Mr. CamJnitJ, your attorney, and he will then put the surveyors in touch with yourself as to where that would be. It is obviously up to the Kaloski family on how that final development right boundary is drawn. JIM MULHALL: No one has contacted anyone. TOWN ATTORNEY YAKABOSKI: I expect that Mr. Caminlti would be contacting you soon. I spoke to the surveyors today, and how that final boundary should be drawn. I said you need to get in touch with Mr. Caminiti so he can speak with the family. It is completely up to the family on how it is drawn. SUPERVISOR COCHRAN: Jim, we are going to hold this, so we can get it all clarified with the family and so forth. I don~t think it will delay the sale at all, will it? TOWN ATTORNEY YAKABOSKI: If the survey is the only thing that is holding up the sale. office tomorrow, or the next day. ready this week. That is expect him to be in the COUNCILMAN HUSSIE: Maybe the resolution should caveat in there that it is subject to a survey, and then it wouldn't hold anything up. JIM MULHALL: So then the survey has not been concluded? TOWN ATTORNEY YAKABOSKI: Correct. JIM MULHALL: Then the closing now will not be at the end of this week. pg 3 - PH TOWN ATTORNEY YAKABOSKI: If the survey is completed within tomorrow or the next day, obviously after have spoken to the family on the final lines, that was the only thing stopping the closing. Once that is done the paper work is already to go. SUPERVISOR COCHRAN: I am not comfortable with you not knowing. JIM MULHALL: That's right. The whole family feels like they are a little bit in the dark, because no one notified us where the two acres are being taken from, east side, west side, near the house, by the woods, because certain parts of that property are kind of special to those people, especially parts around the house. TOWN ATTORNEY YAKABOSKI: perhaps we should hold it. The request of the additional two acres, SUPERVISOR COCHRAN: I would like to hold it, Jim, so we all get on the same wave length, because this sale is important to us, as it is to you and the family. JIM MULHALL: I have gotten two or three phone calls, and they said, the surveyors are here, what are they doing? It makes them a little bit nervous, and there are special parts to that property. SUPERVISOR COCHRAN: I am sure. We certainly don't want to do anything to upset anyone. JIM MULHALL: I am the spokesperson for the family, so I would be a good contact person. TOWN ATTORNEY YAKABOSKI: You see, Mr. Mulhall, rules of law that I am under I can't contact you directly, but come in contact with you through counsel. JUSTICE EVANS: I think what they are saying is that after the house was divided off.. the first time we bought fifty five acres, when the house was divided off it turned out that there is actually fifty-seven acres left, and that is why there is this discrepancy here, because the town is actually getting a fifty-seven acre piece. JIM MULHALL: We don't begrudge the Town the two acres. We just want to know where it is. JUSTICE EVANS: The first survey showed fifty-seven. SUPERVISOR COCHRAN: Rather than try, and debate this, and come up with answers. Jim, I would like to hold it. I won't close the hearing. I will lust recess the hearing, so we can pop it on real fast next time, and move this, because we are anxious as you are to finish this transaction. TOWN ATTORNEY YAKABOSKI: I will follow up with a phone call to Mr. Caminiti tomorrow. pg ~ - PH SUPERVISOR COCHRAN: Thanks, Jim. Anyone else like to address the Town Board in relation to this purchase? (No response.) If not, we will recess the hearing until our next Board meeting. May I have a second? Moved by Supervisor Cochran, seconded by Councilwoman Hussie, it was RESOLVED that a recess on the public hearing be called until the next Town Board meeting. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Romanelli, Councilman Moore, Justice Evans, Councilwoman Hussie, Supervisor Cochran. This resolution was duly ADOPTED. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS DULY ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 9. 1998: RESOLVED that the Town Board of the Town of Southold hereby sets 8:05 P.M., Tuesday, June 23, 1998, Southold Town Hall, 53095 Main Road~ Southold, New York, as the time and place for a public hearing on the question of the acquisition of development rights in the agricultural lands of the Estate of Sophie Kaloski, west side of Alvah~s Lane, Cutchogue, New York SCTM # 1000-102-0q-006.1 and 109-01-024.1., 55 acres, $9,075.00 per acre ($500,000.) Elizabeth A. Neville Southold Town Clerk June 10, 1998 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE OF HEREBY GIVEN that pursuant to the provisions of the Agricultural Lands Preservation Law of the Town of Southold, constituting Chapter 25 of the Southold Town Code, the Town Board of the Town of Southold will hold a public hearing on the 23rd day of June 1998. at 8:05 P.M., at the Southold Town Hall, 53095 Main Road, Southold, New York, on the question of the acquisition by the Town of Southold of the development rights in the agricultural lands of the Estate of Sophie Kaloskl, west side of Alvah's Lane, Cutchogue, New York, SCTM No. 1000-102-0q-006.1 and 109-01-02[[.1, comprising 55 acres, $9,075.00 per acre ($500,00.) FURTHER NOTICE IS HEREBY GIVEN that the file containing a more detailed description of the aforementioned parcel is available in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested persons during normal business hours. Dated: June 15, 1998. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE ON JUNE 18, 1998, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Traveler Watchman Town Board Members Town Attorney Town Clerk's Bulletin Board Estate of Sophie Kaloski Land Preservation Committee N E W S A R T I C L E -EDITORIALS One farm at a time Alvah's Lane in Cutchogue could well serve as a sym- bol for life on the North Fork in the Year of our Lord 1998. It represents an important part of our past, our pre- sent and, thanks to a recent action by the Town of Southold, hopefully our future. Drive the length of Alvah's Lane in either direction and you'll see farm fields, grape rows and open space essen- tially undisturbed by time. But you'll also see tract hous- ing developments overlooking those same farm fields, just as they do the length of the North Fork, from Wading River to Orient Point. That's why the preservation of 55 acres of the Kaloski family farm on Alvah's Lane comes as such good news. Sandwiched between Hargrave Vineyards and that aforementioned suburban development, the Kaloski property could have gone in either direction. BuLthanks to the foresight of the voters of Southold, who have sup- ported home-grown farmland preservation every time they've been asked, the Kaloski farm will remain a farm. As Suffolk Times Town Hall correspondent Linda Crawford writes in this week's paper: "Southold paid $500,000 for 55 of the farm's 60 acres, a price reflecting its value for development' ... But the sale price could never reflect all that was saved last week." · Next on the farmland preservation committee's plate: The limited development/preservation plan proposed for the 16-acre Reichert property between the Kaloskis and the Hargraves on Alvah's Lane. If and when that deal is done, the majority of Alvah's Lane will be preserved in agriculture forever. S E R E S 0 L U T I 0 N S ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Bo~ 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT THEIR REGULAR MEETING HELD ON JUNE 23, 1998: · RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act, and NYCRR Part 617.10, and Chapter ~u, of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, In conducting an uncoordinated review of thls unlisted action, has determined that there will be no significant effect on the environment. DESCRIPTION OF ACTION: Acqulsltlon of development rights in the agricultural lands of the Estate of Sophie Kaloski, west side of Alvah~s Lane, Cutchogue,. New York, SCTM No. 1000-102-0u,-006.1 and 109-01-02u~.1, comprlslng 55 acres at $9,075.00 per acre. The proposal has been determined not to have a significant effect on the environment because an Environmental Assessment form has been submltted and reviewed and the Town Board has concluded that no slgnlficant adverse effect to the environment Is likely to occur should the proposal be Implemented as planned. Southold Town Clerk June 2~t, 1998 617.20 Appendix C State ~nvironmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION {To be completed by Applicant or Project sponsor) SEOR Town of Southold Land Preserv. P'~scv~°cAn°~own of Southold ~. ma-osKz Estate D.R.Easement Purc~a Suffolk #1350 and #1855 Alvah's Lane, Cutchogue - northof Main Road SCTM~1000-102-04-O06.1 and ~ Naw ~-~ e..~oans~an ~ M~l~Uc~eatl~ Purchase of development rights to approx.. 55 acres two parcels - one 38acres~ the other 22.7 acres. of a 60.Tfarm, in [] aeslCan~ ' r""; ]naumna ~ A neighborhood of mixed residential and agricultural uses. Approval of Southold Town Board Southold Town B0ard.apprgval to negotiate Potential purchase. o6/o8/98 If the action is in the Coastal Area, and you are a state agency, complete the CoastaJ Assessment Form before proceeding with this assessment OVER PART II--ENVIRONMENTAL ASSESSMENT (To be com0ie'.eci by Agenc?) NCo None None ~-~ Yes ~ If Yes. smUlain ~def~ PART III--OETERMINATION OF SIGNIFICANCE ~i'o be coml~leted by AgencT) ~INb'TRUCT~ON-e' Fo? eac~ aclverae effect lclentifled adore, determine wneU~er it is 3uh-ta, ntiaL ~rge.'~'nportant o~: otherwise signifl~L ~ efl~ ~ou~ 0e ~ in ~nn~ wiffi i~ (a) se~lng ~.~ um~ or m~); (b) p~iliW ct o~mn~ (~ duration: i~mibill~ (e) g~gmDAic's~Oe: ~ (~ ~gn~d~ If n~, ~ ~a~m~ or mfemfl~ ~ng ~ted~ ~um expirations ~n su~ent detail to ~ ~ ~1 ml~t ~ im~ ha~ ~n i~enflfl~ ~d ~uat~ ad~r~ if [] Chec,~ Chis box if YOu have identified one or more potentially large or s gniflcant adverse impaCts which MAY -- occur. Then proceed, directly to ~e ~JLL EAF and/or prepare a posit ye dec ar'at on~ J~;' Check: this box if YOu have determined, based on ~e information and analysis above and any su0oor~ ng ciocumentadon, chat t~e proposed action W~LL NOT result in any significant a~iVerse environmental impec:s AND provicie on attaC-qments as necessary, the reasons support ng this cteterrninatlon: Sou~hold Town Board Jean W. Cochrane '~u~.e.,rvis or ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town HalL, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON JANUARY 19. 1999: WHEREAS, the Town of Southold is considering purchasing the development rights on approximately two acres of agricultural lands of the estate of Sophie Kaloski which acres ars part of the parcel of land known as SCTM#1000-109-1-24.1 located on the west side of Alvah's Lane; and WHEREAS, the Town of Southold has completed a Short Environmental Assessment Form of the above-rsfersnced project; and WHEREAS, the SEAF showed no potential adverse environmental impacts; BE IT RESOLVED, by the Town Board of the Town of Southold that a Negative Declaration is hereby issued with respect to the above-referenced project pursuant to the provisions of State Environmental Quality Review Act 6NYCRR 617, et seq. Southold Town Clerk January 19. 1999 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLO TOWN BOARD HELD ON JANUARY 19, 1999: WHEREAS, the Town of Southold is considering purchasing the development rights on approximately two acres of agricultural lands of the estate of Sophie Kaloski which acres ara part of the parcel of land known as SCTM#1000-109-1-24.1 located on the west side of Alvah's Lane; BE IT RESOLVED, by the Town Board of the Town of Southold that this is an unlisted action pursuant to the State Environmental Quality Review Act 6NYCRR 617, et seq. and Town Code Chapter 44; BE IT FURTHER RESOLVED, by the Town Board of the Town of Southold that the Town Board hereby declares itself Lead Agency for this proposed project. Southold Town Clerk January 19. 1999 Appendix C State Environmental Qualit'! Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLJSTED ACTIONS Only PART i--PRCJECT INFORMATION (To be ccmmeted by Aoplicant or Proiect sponsor) jTm,m of Southol~ Land Pres. Comm JDevelopment Rts. Farm t ~o~=~,,~ Southold ~,~.w Suffolk SEQR VYest side of Alvahs Lane, approx. 2000 feet north of M~in Rd., Cutchoug! SCTM~/' 1000-109-01-024.1 Add approx,2 additional acres of the subject parcel to a June 23, 1998-4 Resolution to purchase Development Rights Easement. :.,u,.~ approx. 8 ~,~ 9. WHAT IS PR~ ~ND USE JN '/I~N~ QF ~R~ °~":A mix of residential and agricultural uses. ~pproval of Southold To~ Board to negotiate purchase of development Rights Easement. 2. ~s i ~UkZ OF R~ch~ C, R~an, Ch~m~ 0l/1~/99 Coastal Area, and you are a state sc_eric'/, complete the If the action is in the CoastaJ Assessment Form before proceeding with this assessment OVER PART II--ENVIRONMENTAL ASSESSMENT (To ~e completed by Agency) -~ None, None. PART III--0ETERMINATION OF SIGNIFICANCE (To be completed by Agency) Each effect should ~e assessed in connection with its (al setting (i.e. ur'can or rural); (b) pm~aoiiity of occurnng; (c) duration: ~ Check :his box if you have identified one or more ootenfially large or significan~ adverse [m0acts WhiCh MAY occur. Then ~roceed direc:ty to the FULL -~AF anti'or precare a ~ositive dec~aradon. ~' Check this ~cx if 7ou nave deten'nme~, hosed on Re information and =-nelysis =-J3ove =-nd any succordn§ ~ocumentadon, ~hat !he :3ro~3cse~ acdon WILL NOT result in =-ny significant aciverse environments[ imoac,,s AND provide on atlacnments as necessary, ~he reasons suo~arting this determination: Town of Southld Town Board Jean W. Cochran Supervisor Richard C. ~yan P U R C H A S E R E S O L U T I O N S ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN' CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON FEBRUARY 2. 1999: WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights in the agricultural lands of the Estate of Sophie Kaloski, west side of Alvah's Lane, Cutchogue, New York; WHEREAS, the Town Board held at public hearing with respect to said acquisition on the 19th day of January 1999, pursuant to the provisions of the Southold Town Code; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold acquire the development rights in the agricultural lands as set forth in the proposed acquisition between the Town of Southold and the Estate of Sophie Kaloskl, at a purchase price of $9,075.00 per acre; now, therefore, be it RESOLVED that the Town Board elects to purchase the development rights in the aforesaid agricultural lands owned by the Estate of Sophie Kaloski comprising approximately 2 + acres which are part of the parcel of land known as SCTM #1000-109-1--2~.1 located on the west side of Alvah~s Lane, Cutchogue, New York; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to give notice of such acceptance to the Estate of Sophie Kaloski; and FURTHER RESOLVED that the Supervisor be and she hereby is authorized and directed to execute any and all required documents for the acquisition of said development rights. Southold Town Clerk February 2. 1999 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT THEIR REGULAR MEETING HELD ON JUNE 23, 1998: WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights In the agricultural lands of the Estate of Sophie Kaloski, west side of Alvah~s New York; and WHEREAS, the Town Board held a public hearing wlth respect to said acquisltlon on the 23rd day of June 1998, pursuant to the provisions of the Southold Town Code; and WHEREAS, the Town Board deems it In the public Interest that the Town of Southold acquire the development rights in the agricultural lands of set forth in the proposed acquisitlon between the Town and the Estate of Sophie Kaloskl; now therefore, be it RESOLVED that the Town Board elects to purchase the development rights in the aforesaid agricultural lands owned by the Estate of Sophie Kaloski comprising 55 acres, at a sale price of $9,075.00 per acre; sald property located at west side of Alvah% Lane, Peconlc, New York, SCTM No. 1000-102-0q-006.1 and 109-01-022q.1,; and be It FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to give notice of such acceptance to the Estate of Sophie Kaloskl; and FURTHER RESOLVED that the Supervisor be and hereby is authorized and directed to execute any and all required documents for the acquisition of said development rights. Southold Town Clerk June 24. 1998 C L O S I N G S T A T E M E N T CLOSING STATEMENT FRANCES ZELINSKI, As Executrix of the ESTATE OF SOPHIE KALOSKI a/k/a SOFIE KALOSKI to TOWN OF SOUTHOLD SCTM #1000-102-4-6.1 = 22.811 acres SCTM #1000-109-1-24.1 = 38.045 acres Total Acreage -- 60.856 acres Development Rights Easement -- 57.0 total PDR acres Retained Area -- 3.856 acres Premises: 1350 & 1855 Alvah's Lane, Cutchogue Closing took place on Friday, February 5, 1999, 12:00 noon, in the Conference Room at Southold Town Hall Purchase Price based on 57.0 acres @ $9,075/acre: Credit to Purchaser towards survey cost: Funds to be disbursed as follows: Caminiti & Gibbons, LLP Check #51001 (2/5/99) Chester Kaloski Check #51002 (2/5/99) Michael Kaloski Check #51003 (2/5/99) Frances Zelinski Check #51004 (215199) Dorothy Mulhall Check #51005 (2/5/99) Irene Sawastynowicz Check #51006 (2~5~99) Estelle O'Connell Check #51007 (2~5~99) Helen Long Check #51008 (2/5/99) $ 1,105.00 $ 73,410.00 $ 73,410.00 $ 73,410.00 $ 73,410.00 $ 73,410.00 $ 73,410.00 $ 73,410.00 $ 517,275.00 $ 2,300.00 $ 514,975.00 Appraisal: Andrew D. Stype, SRA Surveys: Stanley J. Isaksen, Jr. Check #48446 (8/4/98) John C. Ehlers Land Surveyor Check # $ 900.00 $ 5,000.00 Title Search: Commonwealth Land Title Insurance Company Check #51010 (2~5~99) $ 2,535.00 Title Closer Attendance Fee: Karen J. Hagen Check #51009 $ 50.00 Those present at closing: William D. Moore Gregory F. Yakaboski, Esq. Paul Caminiti, Esq. Frances Zelinski Richard C. Ryan Karen J. Hagen Deputy Town Supervisor Town Attorney Sellers' Attorney Estate Executrix - Seller Land Preservation Chairman Title Company Closer Siblings to Frances Zelinski TOWN OF $OUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-0959 DATE CHECK NO. 02/05/1999 051001 .o. 051001 **$1,105.00'* PAY TO THE ORDER OF CAMINITI & GIBBONS, LLP ,"0 S ~00 I:O 2 ;,NO r=) O0000L, 0," TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-0959 DATE CHECK NO. 02/05/1999 051002 .o. 051002 **$73,410.00'* PAY TO THE ORDER OF CHESTER KALOSKI ,'05 ~,00 2,' 1:O~l, 051, r=N~-' r=~, O0000h OilI TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-0959 DATE CHECK NO. 02/05/1999 051003 .o. 05~003 **$73,410.00'* PAY TO MICHAEL KALOSKI ,,O 5 ~00 ~,,· ~:0 2 ;hO 5hr=h,: O0000N Oil! TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEVV yoRK t1971-0959 DATE CHECK NO. 02/O5/1999 051004 NO. 051004 *~$73,410.00'* PAY TO THE ORDER OF FRANCES ZELINSKf "'OS&OOt,,' ~:OS;t, OSg&h~: g~ OOOOOq O,' ~TOWN OF SOUTHOLD 53095 MAIN ROAD NO. soo'r.o.D, 051005 02/05/1999 051005 **$73,410.00'* PAY TO THE ORDER OF DOROTHY MULHALL ,'O5;OO5,' I:O~;hOSh~=t,,: C=3 OOOOOh 0"" TOWN OF sO~HOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-0959 DATE CHECK NO, 02/05/1999 051006 ;~ ~ ~.-~ ,, ;, , ....... ' ' :'-~ '' i: ~ ; i : NO. 051006 THE SUFFOLK COUNTY NATIONAL BANK CUTCHOGUE, NY 11935 AMOUNT **$73,410.00'* PAY TO THE IRENE SAWASTYNOWICZ Tom soF"o .o ~[~IEJJ 53095 MAIN ROAD ~ SOUTHOLD, NEW YORK 11971-0959 DAT 02/0571999 CHECK NO 051007 NO. ~4 051007 THE S~tFFOLK COUNTY NATIONAL ~ANK CUTCHOGUE, NY 11935 AMOUNT **$73,410.00'* PAY TO THE ORDER OF RAY TO THE ORDER OF ESTELLE O' CONNELL TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-0959 NO. 051008 DATE CHECK NO 02/05/1999 051008 THE ~IFFOLK COUNTY NATIONAL BANK CUTGHOGUE, NY 11935 AMOUNT **$73,410.00,* 214 HELEN LONG "'O5&008,' 1:O2&l, OShgl,~: E:~ OOOOOq O,' ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT THEIR REGULAR MEETING HELD ON JUNE 23, 1998: RESOLVED that the Town Board of the Town of Southold hereby engages the services of Stanley J. Isaksen, Jr., PLS to prepare a survey to separate the active farmlands from the non-farm area to determine the exact area for a development rights easement Of the Estate of Sophie Kaloskl SCTM # 1000-102-0L~-006.1 and 109-01'-02u~.1, at a cost not to exceed $900.00. '~~Ellzabeth A~.'~ Southold Town Clerk June 2~. 1998 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 009660 ISAKSEN, JR./STANLE JE Date Trx. Date Fund Account 12/21/1999 12/21/1999 H2 .600 5/04/2004 5/04/2004 H3 .600 Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-08041998-516 Line: 156 Formula: 0 : : Account.. H1 .600 : :Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 8/04/1998 SDT 8/05/98 : : Trx Amount... 900.00 : : Description.. SURVEY-S. KALOSKI : : Vendor Code.. 009660 : : Vendor Name.. ISAKSEN, JR./STANLEY J. : : Alt Vnd.. : : CHECK ........ 48446 SCNB : : Invoice Code. 98C715 : : VOUCHER ...... : : P.O. Code .... T.B. : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. N : : Date Released 8/04/1998 : : Date Cleared. 8/31/1998 : : F3=£xit F12=Cancel : oO~ C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET RIVERHEAD, NY 11901 OEL: 516-369-8288 FAX: 516-369-8287 STATEMENT DATE INVOICE # 1/21/99 991007 Town of Southold Main St. Southold, N.Y. 11971 BILL TO DATE 1/20/99 DESCRIPTION TDR Survey Kaloski Farm as Proposed TAX MAP NUMBER MY JOB NUMBER I000-109-1-24.1 98-297 CHARGES 5,000.00 PAY AMOUNT SHOWN IN THIS BOX. THANK YOU! CREDITS BALANCE 5,000.00 Total .,ooo.oo TITLE#: Fee Insurance~ 5/'7, Z 7S, /2/9 Mortgage Insurances Endorsements: Market Value Rider Variable Rate Mortgage 8. 1 Environmental Waiver Of Arbitration Residential Mortgage. Revolving Credit Street Report Survey Inspection Departmentals/Certificate of Occupancy NY State Transfer Tax Mortgage Tax (Mortgagee) Mortgage Tax (Mortgagor). $ $ $ $ Deed Satisfaction(s) of Mortgage Recording fees: $ Mortgage Consolidation/Extension Agreement $,, 255 affidavits Building Loan Agreement $ Escrow Service $ Escrow .~ TOTAL.- By: Karen J. Hagen TOWN OF SOUTHOLD 53095 MAIN ROAD NO. DATE CHECK NO. 02/05/1999 051009 051009 **$50.00** PAY TO THE ORDER OF KAREN J. HAGEN TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW~ORK DATE CHECK NO. 02/05/1999 051010 214 NO. 051010 AMOUNT **$2,535.00** PAY TO THE ORDER OF OOMMONWEALTH LAND TITLE INSURANCE CO. R E C O R D E D D E E D 11946 i075 Number of pa ge.~ TORRENS ;~626 ESTATE 18 ~ 28626 CLERK OF SUFFOLK COUNTY Rexording / Filing Stamps al FEES Commonwealth Land Real Properly Tax Service Agency Verification Section Block Lot Mortgage Amt. I. Basic Tax 2 AdditionM Taxx . __ Sub Tolal or Spec./Add, TOT, MTG. TAX Dual Town Dual Co~mty Held for Apportionment Mansion Tax will be improved by a one or two famil dwelling only. YES or NO __ If NO, see appropriate tax clause on page Title Company Information Title Number ~FEE PAID BY: Cash Check / Charge Payer same as R & R (or if ' nt Title Insurance Company 1777- 6 Veterans Memorial Highway Islandia, New York 11722 ADDRESS:/777-g_ V~c/,-a,?~ ,'~,o,~ 79I{ RECORD & RETURN TO(ADDRESS) ~'~5/4~/~ / /~. //TZz Suffolk County Recording & Endorsement Page "fhispageformsparloftbeattaehed Devc~/,~,.,~t.oP ./~////~¢t.f. be'/'/'/ madeby: (SPI~CIFY TYPE OF INS:f~,UMENT) ' ~r<;/T<~c~ ~E//~flE/'/C'~I~¢'<~eX Ttle premises herein is situated in TO tn the Towll.sthp o f tn the VILLAGE or HAMLET 0f BOXES 5 THRU 9 MU ST BE TYPED OR pRINTED IN BLACK IN K ONLY PRIOR TO RECORDING OR FILING. DEED OF DEVELOPMENT RIGHTS · - /_CF THIS INDENTURE, made this 5th day of February, 1999 BETVVEEN Frances Zelinski, As Executrix of the Estate of Sophie Kaloski, deceased, residing at 695 Alvahs Lane, Cutchoflue, New York party of the first part, AND the TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business at Main Road, Town of Southold, County of Suffolk and State of New York, party of the second part; WITNESSETH, that the party of the first part, in consideration of Five Hundred Seventeen Thousand Two Hundred Seventy Five Dollars and No Cents ($517,275.00) lawful money of the United States and other good and valuable consideration paid by the party of the second part, DOES HEREBY GRANT AND RELEASE unto the party of the second part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by · which is meant: the permanent legal interest and right, as authorized by section 247 of the New York State General Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use of the premises for any purpose other than its present state of use, agricultural production. to the property described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: SCHEDULE A File No, 70983209 PARCEL ! ALL that certain plot, piece or parcel of lancl~ situate, lying arid being of Cutchogue, in the Town of $outholc~ County of SUFFOLK and State of New York: BEGINNING at a point on the southeasterly side of land now or formerly of Droscoskl, Cassidy and Vallcnti; RUNNING THENCE along the westerly side of Alvah's Lane south 47 degrees 02 minutes 58 seconds East, ~.824.66 feet; RUNNING THENCE south 08 degrees 37 minutes 27 seconds East~ 204.2[ feet; RUNNING THENCE south 44 degrees 45 minutes 2[ seconds West, 2[7.35 feet; P, UNN[NG THENCE south~degrees~ minutes a4-~conds East, gl,24 feet; RUNNING THENCE sour. h 43 degrees 22 minutes 39 seconds Ea~, 226.65 feet to land now or formerly of Dods Tynlec and Michael Capuano; RUNNING THENCE along said lands south 44 degrees 4~; minutes 21 seconds West, 82.73 feet; RUNNING THENCE along said lands and lands now or formerly Eugenia B. l(opustka south 40 degrees 54 minutes 10 seconds East 27:[.50 feet ~ lands now or formerly of Petrol Stations Umited; lING THENCE along said lands south 47 degrees 48 minutes 31 seconds West, 360.84 feet to tands now or formerly of Grl~cina Vineyard's, I_LC; RUNNING THENCE along said lands three (3) courses and distances: (1) North 45 degrees 23 minutes 17 seconds West, 888.23 feet; (2) North 44 degrees 41 minutes 37 seconds Weal;, 836.26~ feet; (3) North 47 degrees O0 minute~7 seconds West, 506.88 feet to lands now or formerly of Paulel~e Satur Hueller, Eberhard Mueller and the County of SuffolK; RUNNING THENCE along said lands now ar formerly the fellowlng two (2) courses and distances: (~.) North 43 degrees 25 minutes 20 seconds Eas~, 329.27 feet; (2) North 42 degrees 24 minutes 08 seconds West, 452.86 feet to land now or formerly Droscoski/Cassidy and Va.l~nt first above mentioned; RUNNXNG THENCE along Jands¥iorth 32 degrees 4[ minutes 54 seconds East, 343.75 feet to the westarly side of AJvah's Lane at the point or place of BEG~NNXNG. Date Printed February $, [gg9 ~J~. ~.i~ i2:O3PM H0.810 P.4/5 PARCEL File No. 70983209 AU. that certain plot, piece or parcel of land situate, lying~ and being at Cutchogue in the Town of Southold~ County of Suffolk end State of New York: BEGINNING at a point on the easterly side of Alvah's Lane distant northerly 1175 fee~ moro or less as measured along same from the intersection of the easterly.side of Alvah's Lane with the northerly side of Hain P, oad; said point also being the northerly line of land now or formerly of Chester and Irene Sawastynowiez; RUNNING THENCE along the easterly side of Alvah's Lane the following two (2) courses and distances: (1) North 43.degrees 27 minutes 14 seconds west, 620.63 feet; (2)North 47 degrees 02 minutes 58 seconds 4.2'J feel to land now or formerly Edward R. Grohoski; RUNNING THENCE!rtor~h 43 degrees.2~minutes :[3 seconds East~ 150.00 feet; RUNNING THENCEilorth 47 degrees 02 minutes 58 seconds West, i00.00 feet to lands now or fermerly of William Kerdgan; RUNNING THENCE along said lands/~lL~rth 43 degrees 05 minutes 13 Seconds East, 277.60 feet; RUNNING THENCE north 47 degrees li minutes 27 seconds West, 236.26 Feet to lands now or formerly of Franklin Blachy and Halcol~ Blachy; RUNNING THENCE along said lends~orth 08 degrees 04 minutes 53 seconds Eest~ 394.88 feet to lands shown on the Nap of Hlghla~ld Estates, Hap No. 6537; ~t~ UNNING THEI~CE along said lands south 48 de roes 27 I secod~East, 439.27 feet to lands shown on tile # g m nutes 00 Hap of Crown'~l~nd Lane, Hap No. 6289; · RUNNING TrlENCE along said lands~$Outh 47 degrees 26 minutes i0 seconds East, 1415.78 feet; RUNNING THENCE ~outh 46 degrees ~.2 minutes 00 seco~Vest 3~.8.$$ feet to lands now or formerly Nlchael Crosser and Diane ~ym Crosser; RUNNING THENCE along said lands and lands now or fOrmerly of ]ames R. Duffy and Undo A. Dufl~rth 43 degrees 18 minutes l0 seconds West, 274.24 feet; RUNNING THEN~uth ~t6 d~grees 44 m,nutes O0 seco~'Wast~ 303,60 feet; RUNNING THEN~r~J1 43 degrees 1,8 minutes 1,0 seconds West, .~34.0~ feet; RUNNING THENCEsbuth 49 degrees 35 minutes SO seconds West, 200.36 feet to the easterly side of Alvah's Lane at the point or place 6f BEGINNING. vCOdenveyanclng only, if d to be conveyed. { Together with all right, title and Interest of, In and to any streets and roads abutting the above described Promises, to the center line thereof. Date Printed February 5~ 1999 TOGETHER with the non-exclusive right, if any, of the party of the first part as to the use for ingress and egress of any streets and roads abutting the above described premises to the center lines thereof. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, insofar as the rights granted hereunder are concerned. TO HAVE AND TO HOLD the said Development Rights in the premises herein granted unto the party of the second part, its successors and assigns, forever; AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production. The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part, that the parcels of real property described herein are open agricultural lands actually used in bona fide agricultural production as defined in General Municipal Law section 247. AND the party of the first part, covenants in all aspects to comply with Section 13 of the Lien Law, as same applies with said conveyance. The definition of "Agricultural Production: as defined in Section 25-30 of Chapter 25 of the Southold Town Code is as follows: "Agricultural Production- shall mean the production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in "agricultural production" shall also include fences, equipment storage buildings, livestock barns, irrigation systems, and any other structures used exclusively for agricultural purposes." THE party of the first part and the party of the second part do hereby convenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265, 276 and 277 of the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or in furtherance of them. The underlying fee may be divided by conveyance of parts thereof to heirs and next of kin, by will or by operation of law, or with the written recordable consent of the Purchaser. This covenant shall run with the land in perpetuity. Nothing contained herein shall prohibit the sale of the underlying fee or any portion thereof. THE word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. THE party of the first part, the heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it will (a) not generate, store or dispose of hazardous substances on the premises, nor allow others to do so; (b) comply with all of the Environmental Laws; allow party of the second part and its agents reasonable access to the premises for purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement. This covenant shall run with the land in perpetuity. THE party of the first part, its heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it shall indemnify and hold party of the second part and any of its officers, agents, · employees, and, their respective successors and assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may arise out of' (1) any inaccuracy or misrepresentation in any representation or warranty made by seller in this agreement; (2) the breach or non-performance of any convenants required by this agreement to be performed by the party of the first part, either prior to or subsequent to the closing of title herein; or (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by reason of a violation or non-compliance with any environmental law; or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of Development Rights. This covenant shall run with the land in perpetuity. AS set forth in Chapter 25 of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of that chapter shall not thereafter be alienated, except upon the aff"~rmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of this subsection shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first written above. Seller: Estate of Sophie Kaloski Frances Zelinski, ~,Executrix Purchaser: 11946PIO7§' UNIFORM FORM OF ACKNOWLEDGMENT State of New York ) ss.: County of p._ ) Onthe ,~'P~ day ofkt::~. ., . in the year ./~[?~ before ,ne, theunder~signed, a notary ~ublin in and for said state, personally ~,ppeared/:r~x~. r FS Z~//hs~/personally known to me or proved to me on the basis of satisfactor~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 Ms/her/their capacity(les), and that by Ms/her/their signature(s) on the instnunent, the individual(s), or the person up°n behalf °f which the individual(s) acted, executed the ~sj. Tm_ ?at. UNIFORM FORM OF ACKNOWLEDGMENT State of New York ) ss.: County of 5~ ~C/:~ //c. ) Onthe 9]'J~ dayof~, intheyear /7~ befo~reme, the undersigned, a notary public in and for said state, personally appeared ~/.~7~E~, 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/h~r/their signature(s) on the instrument, the individual(s), or the person which the individual(s) acted, executed the instrument, t KAREN J. HAGEN Notary Public, Stat~ of New York No. 4927029 Qualified ;a Suffolk County Commisoion Ezpireo March 21,'~ T I T L E P 0 L I C Y OWNER'S POLICY OF TITLE INSURANCE iSSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWF~tLTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONVdEALTH LAND TITLE INSURANCE COMPANY has caused it~ corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. Afl. est: COMMONWEALTH LAND 'I1TLE INSURANCE COMPANY By: P~esident EXCLUSIONS FROM COVERAGE The fullowing matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Valid Only If Schedules A and B and Cover Are Attached NM 1 PA10 ALTA Owner's Policy (10-17-92) Form 1190-1 Face Page ORIGINAL MAY, 11. 2005-11:16AM / DEED (D~s~e Kind~' / ~~~!, I -~-"?~- ~' ~,'~ .. ~ _ ._ . / . / ~o Co~. $ l~u~ for $ ~CL¥IC RIVERHEAD NO, 99! ............ os,~ ~,/~ I~_Z-*~ /c~"~ f, O,L ,- F,H.A. CONYENT[ONAL MORTGAGE (Designate Kiad) ,mount, $ p~yable [mea~st ~ Interest days [~u~ for $ _ _. MORTGAGE (O~i~ate Ki~) To Due.~ ]nt,~. ~ Ira. d~ - .- and , [~u~ for $ _ ASSIGNME~ OF MORTGAGE To Corn, $ By Com. $ Insur~ ret $ lnsu~ for S SATISFACTION OF MORTGAGF Recorded in L Mp. SatisficsDa~ed MonLmgc L~led Samfies OT~EI:: CLOSING INSTRUMENTS Attorney fo~ l~nder '/ '" / Cove{ P. 2/4 ff 1 1 2005 DE?T OF LAND PRESERVATION Commonwealth AmOunt of Tnsurance: $512,275.00 Date of Policy: 02/05/99 1. Name of Tnsured: TOWN OF SOUTHOLD $CHEDULE A Policy/File No.: 70983209 The estate or interest in the land described in this Schedule and which is encumbered by the insured mortgage is: Development Rights Title to the estate or interest in the land is vested in: Deed made by FRANCES ZEL:~NSKT, As Executrix of the Estate of Sophie Kaloski, a/k/a Sofie Kaloski to the iNSURED dated 02/05/99 and recorded 02/18/99 in Liber 11946 Page 75 in the Office of the Clerk of the County of Suffolk. The land referred to in this policy is described on the annexed schedule. Countersigned: ALTA Owner's Policy Authorized Officer or Agent 2~5~99 TOWN OF SOUTHOLD Re: Sale of Development Rights Estate of Sophie Kaloski SCTM#1000-102-4-6.1 SCTM#1000-109-1-24.1 and SCTM#1000-102-4-p/o 5 In connection with the sale of the Development Rights to the above properties, the undersigned hereby states that the traveled roads depicted on the survey by John C. Ehiers, dated January 14, 1999, are private roads owned by us and that no rights to use said roads have been granted to any other person or persons for any purpose. This affidavit is made to also confirm that our rights to use the traveled roads of property owned by Richard Reinhardt and as depicted in the survey of Kenneth F. Abruzzo dated 12/21198 is limited to use of said roads for farming purposes only and that we make no claim of ownership to said roads. Frances Zelinski, Exf'e'cutrix for the Estate of Sophie Kaloski SCHEDULE A Policy/File No. 70983209 PARCEL 1' ALL that certain plot, piece or parcel of land, situate, lying and being of Cutchogue, in the Town of Southold, County of SUFFOLK and State of New York: BEGINNING at a point on the southeasterly side of land now or formerty of Droscoski, Cassidy and Valienti; RUNNING THENCE along the westerly side of Alvah's Lane south 47 degrees 02 minutes 58 seconds East, 1824.66 feet; RUNNING THENCE south 08 degrees 37 minutes 27 seconds East, 204.2! feet; RUNNING THENCE south 44 degrees 45 minutes 21 seconds West, 2/`7.35 feet; RUNNING THENCE north 43 degrees 27 minutes /,4 seconds East, 4/`0.61 feet; RUNNI[NG THENCE south 46 degrees 37 minutes 2/` seconds East, 9/`.24 feet; RUNNING THENCE south 43 degrees 22 minutes 39 seconds East, 226.65 feet to land now or formerly of Doris Tynlec and Michael Capuano; RUNNING THENCE along said lands south 44 degrees 45 minutes 2/` seconds West, 82.73 feet; RUNNING THENCE along said lands and lands now or formerly Eugenia B. Kopustka south 40 degrees 54 minutes 10 seconds East 271.50 feet to lands now or formerly of Petrol Stations Limited; RUNNING THENCE along said lands south 47 degrees 48 minutes 31 seconds West, 360.84 feet to lands now or tformerly of Gristina Vineyard's, LLC; RUNNING THENCE along said lands three (3) courses and distances: (1) North 45 degrees 23 minutes 17 seconds West, 888.23 feet; (2) North 44 degrees 41 minutes 37 seconds West, 836.26 feet; (3) North 47 degrees 00 minute 37 seconds West, 506.88 feet to lands now or formerly of Paulette Satur Mueller, Eberhard Mueller and the County of Suffolk; RUNNING THENCE along said lands now or formerly the following two (2) courses and distances: (1) North 43 degrees 25 minutes 20 seconds East, 329.27 feet; (2) North 42 degrees 24 minutes 08 seconds West, 452.86 feet to land now or formerly Droscoski Cassidy and Valient first above mentioned; RUNNING THENCE along lands nort 32 degrees 41 minutes 54 seconds East, 343.75 feet to the westerly side of Alvah's Lane at the point or place of BEGINNING. PARCEL TT ALL that certain plot, piece or parcel of land situate, lying, and being at Cutchogue in the Town of Southold, County of Suffolk and State of New York: ALTA Owner's Policy Schedule A - Description Policy/File No: 70983209 BEGINNING at a point on the easterly side of Alvah's Lane distant northerly 1175 feet more or less as measured along same from the intersection of the easterly side of Alvah's Lane with the northerly side of Hain Road; said point also being the northerly line of land now or formerly of Chester and Irene Sawastynowicz; O RUNNING THENCE along the easterly side of Alvah's Lane the following two (2) courses and distances: (1) North 43 degrees 27 minutes 14 seconds West, 620.63 feet; (2) North 47 degrees 02 minutes 58 seconds 4.52 feet to land now or formerly Edward R. Grohoski; RUNNING THENCE north 43 degrees 05 minutes 13 seconds East, i50.00 feet; RUNNING THENCE north 47 degrees 02 minutes 58 seconds West, 100.00 feet to lands now or formerly of William ]. Kerrigan; RUNNING THENCE along said lands north 43 degrees 05 minutes 13 seconds East, 277.60 feet; RUNNING THENCE north 47 degrees 11 minutes 27 seconds West, 236.26 feet to lands now or formerly of Franklin Blachy and Halcolm Blachy; RUNNING THENCE along said lands north 08 degrees 04 minutes 53 seconds East, 394.88 feet to lands shown on the Flap of Highland Estates, Map No. 6537; RUNNING THENCE along said lands south 48 degrees 27 minutes 00 second East, 439.27 feet to lands shown on the "Hap of Crown land Lane", Hap No. 6289; RUNNING THENCE along said lands south 47 degrees 26 minutes l0 seconds East, 1415.78 feet; ) RUNNING THENCE south 46 degrees 12 minutes 00 second West 348.55 feet to lands now or formerly Michael R. Crosser and Diane Sym Crosser; RUNNING THENCE along said lands and lands now or formerly of ]ames R. Duffy and Linda A. Duffy north 43 degrees 18 minutes 10 seconds West, 274.24 feet; RUNNING THENCE south 46 degrees 44 minutes 00 second West, 303.60 feet; RUNNING THENCE north 43 degrees 18 minutes l0 seconds West, 334.04 feet; RUNNING THENCE south 49 degrees 35 minutes 50 seconds West, 200.36 feet to the easterly side of Alvah's Lane at the point or place of BEGINNING. ALTA Owner's Policy Date Printed April 5, 2000 Schedule A - Description Policy/File No. 70983209 SCHEDULE B Exceptions from Coverage This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of the following: 1. The assessed valuation on the premises herein is listed as partially exempt for taxation at the present time, but will be subject to the discontinuance of such exemption and the imposition of an additional tax as of the date of death, transfer of title, or possession from the exempt owner. 2. Survey made by John C. Ehlers, Land Surveyor dated 1/14/99 covering premises and more shows vacant land; As to Parcel I: (a) Trails or roadways traverse the premises. As to Parcel a) Concrete pump house (b) Trails or roadways traverse the premises. 3. Subject to easement rights of others than the insured in, to and over the trails or roadways as shown on the survey used herein. 4. Subject to Second Half 1998/99 Town and School Taxes. ALTA Owner's Policy Schedule B CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, ~ who succeed to the interest of lhe named insured by operation of law ldistinguished from purchase including, but not limited to, heirs, ~ributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matter?~a!~ecting the land. (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right , title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (I) "public records": records established under state statutes at Date of Policy for thc purpose of imparting constructive notice of matters relating to real properly to purchasers for value and without knowledge. With respect.to Section I(a) (iv) of the Exclusions From Coverage, "public records shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so tong as the insured retains an estate or interest u~r~de land. or holds an indebtedness secured by a purchase money age given by a purchaser from the insured, or only so long as the shall have liability by reason of covenants of warranty made by the ed in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. Thc insured shall notify thc Company promplly in writing (i) in case of any litigation as set forth in Section 4(a) below. (ii) in case knowledge shall come to an insured hereunder of any claim of title or interesl which is adverse to the tille to the estale or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title 1o thc estate or intercsl, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company. then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required: provided~ however, that failure to notify the Company shall in no case prejudice Ihe rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to thc extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by thc insured and subject to thc options contained in Section 6 of these Conditions and Stipulations, thc Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defecl, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel ol its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as Io those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees. costs or expenses incurred by thc insured in thc defense of those causes of action which allege malters not insured against by this policy. l~ll~ The Company shall have the right, at its own cost, to institute and ~ute any action or proceeding or to do any other act which in its o-'~fnion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevenl or reduce loss or damage to the insured. Thc Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If lhe Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever thc Company shall have brought an action or interposed a defense as required or permitted by thc provisions of this pohcy, thc Company may I?ursue any litigation to final dPtsrmination by a court of competentjunsfftction and expressly res~o~s Ibc right, in its sole discretioh, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires thc Company to prosecute or provide for the defense of any action or proceeding, thc insured shall secure to the Company thc right to so prosecute or provide defense in thc action or proceeding, and all appeals therein, and permit the Company to use, at ils option, the, name of the insured for this purpose. · Whenever requesled by the Company, the insured, at the Company's expense, shall give thc Company all reasonable aid (i) in any achon or proceeding, securing evidence, obtaining witnesses, prosecuting or dsfcnding the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of Ihe insured to furnish the required cooperation, the Company s obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or conlinue any litigation, wilh regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giwng rise to thc loss or damage. The proof of loss or damage shall describe thc defect in. or lien or encumbrance on the title, or other matter insured agai]~st by this policy which constitutes the basis of loss or damage and shall state, to thc extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by thc failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to thc insured under thc policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable limes and places as may be designated by any authorized representative of the Company. all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy. which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company , the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine . inspecl and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant Io this Section shall not be disclosed to others unless, in the reasonable judgemenl of the Company. it is necessary in thc administration of the claim. Failure of the insured claimant to submit for expmination under oath. produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SE'I-rLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a)To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimam, which were authorized by the Company. up Io the time of paymant or tender of payment and which the Company is obliga- led to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and Ihe policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or Wilh the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to time of payment and which the Company is obligaled to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to Ihe time of payment and which the Company. is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage~ other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecule or continue any litigation, Conditions and Stipalatiom Continued Inside Cover B 1190-1 · : 89~54 CONDITIONS AND STIPULATIONS ~7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) thc Amount of Insurance stated in Schldule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequenl to the Date of Policy an improvement is erected on the land which increases thc value of the insuredestatl or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: i) where no subsequent improvement has be~n made, us to shy partial loss, the Company shall only pay the loss pro rata in the proportion that the amount ofinsusance at Date of Policy bears to the total valud of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss thc Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated n Schedue A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The proyisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which Ibc Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of Ibc Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance w~th Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata bas~s as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuanc~ of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OP LIABILITY. a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the ack of a fight of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its (Continued) (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SE'I-rLEMENT. (a) Thc Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrolgation shall vest in the Company unaffected by any act of the inshred claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have 'had against any parson or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue compromise or settle in the name of the ~nsured claimant and to use the name of the insured c a mane n any transaction or litigation involving these rights or remedies. If a payment on account Of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion wh ch the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above that act shall not void thss policy but ~tbe Company, in that event, shall be required to pay only that part of any losses insured ag~ainst by this policy which shall exceed the amount, if any, leal to the ,~ompany by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instrumenls which provide for subrogation rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, eitber the Company or the insured may demand arbitration pursuanl to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but arc not limited to any controversy or claim between the Company and the nsured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy prowsion or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitrenon is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of Ibc state in which the land is lOCated permit a court to award attorneys' fees to a prevailing party. Judgment upon the awgrd rendered by the Arbitrator(s) may be entered m any count hawng obligations with respect to that matter and shall not be liable for any loss jurisdiction thereof. or damage caus~ thereby. ............. ' .... The law of the situs of the land shall apply to an arbitration under the (b) In the event el any nugatlon, [ncmamg ,tlgatwn oy the company or with the Company's consent the Company shall have no liability for uric insurance ^rol!ratl:an' .l~Ul:l~ . .~ the Corn an u n re uest loss or damage until there has been a final detemtination by a court of A copy of the Rules m y ns bramco [rom p y PO q · me Lie as nsureo. CONTRACT. (c) The Company shall not be liable for loss or damage to ax~y insure~J. for liability voluntarily assumed by the insured in settling any claim or stat without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. UABIUTY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy ~shall be reduced by any amount the Company may pay under any policy ~insu dng a mortgage to which exception is taken i~ Schedule B or to which thc u~sured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest de~cflbed or referred to in Schedule A, and the amount so paid .hail I~ d~ers~d a payment under t~ls policy to the in~ared owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement (a) This policy together with all endorsements, if any, attached hereto by the Company is the tnt re policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President a Vice President, the Secretary, an Assistant Secretary, or validating otficer or authorized s gnatory of the Company. 16. SEVERABILITY, In thc event any provision of the policy is held invalid or unenforceable under applicable law the policy shall be deemed not to include that provi- sion and all othar provisions shall r~main in full fom~ and eff~:l, 1'/. NOTICES, WHERE EENT. Aft node, s vexlui~d to be given the Company and any state4n~at in writing requin~ to be furnished the Company shall ieclude the number of ~s policy and shall be NEW YORK STATE OFFICE 655 Third Avenue New York, New York 10017 Phone: (212) 949-0100 APR I 0 20El OWN~a'S pOucy OF Trr[~. INsuP, x~ce .~m~c.~ L~D Trm~ ASSOC~.~zON ~ Commonwealth lB 1190-3 NEW YORK OFFICES NEW YORK CITY 655 Third Avenue New York, New York 10017 (212) 949-0100 ~BAN~ 286 Washington Ave. Extensiea (~te Plaza West Albany New York 12203 (518) 452-4525 BgYFA_EO 298 Main Street Buffalo. New York 14202 (716) 853-68OO GARDEN CITY 1325 Franklin Ave. Suite 101 Garden City, New York 1153~ (516) 742-7474 NEW CITY 17 Squadron Boulevard New York, New York 10956 (914) 634-7070 ISLANDIA 1777-6 Veterans Memodal Hv~/ Islandia, New York 11722 (516) 232-3503 (516) 232-3617 WHITE PLAINS 50 Main St~et White Plains, New York 10606 (914) 949-0~)2 NATIONAL TITLE SERVIC 655 Third Avenue New York, New York 10017 (212) 949-0100 N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The Estate of Sophie Kaloski is the owner of 57 acres of active farmland and/or 3.856 acres of non-farmland, situated at Suffolk County Tax Map No. 1000-109-1-24.001 and 1000-102-4-6.001, which are 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, we hereby waive our rights to require the Town of Southold 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. Prelect Sponsor Wilf'iam D. Town of Southold 53095 Main Road, P.O. Box 1179 Southold, NY 11971 (516) 765-1889 Landowner Frances Zelinski for the Estate of Sophie Kaloski State of New York ) County of Suffolk ) ss.: On the 5th day of February, 1999, before me personally came William D. Moore to me known, who, being by me duly sworn, did depose and say that he resides at Terry Lane, Southold, New York; that he is the Deputy Supervisor of the Town of Southold, the 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 Board of Directors of said corporation, and the he signed his name thereto by like order. Notary Pub¢_~/' ' ' uty Supv. G R A N T I N F O R M A T I O N REMITTANCE ADVICE for CHECK NO~ 603~9300 NOTICE: Toaccess~ll~elnf~tl~ofyo~NYSp~ts, visitht~,osc. State,~.~pay ~en~ ~e and ~scfl~lon Tele Inqul~ No Voucher No Pa~ ~e~l~l~ N~ R~tnv Date, pa~nt ~ount 0~000 '~IC [ ~TS ' 5t8~85-87~0 *~04 C800S10 08/Z3/01 ~[~/~ 316,16~.00 DETACH HERE BEFORE CASHING Check Total PLEASE CASH WITHIN t80 DAYS ***+***~316,168.00I . 119 06000 ENow YOUR ENDORSER H. Carl McCIII, $[a(e Comptroller ,'P,O:lhqzIoo," I:O I. &qoohhs~,' r=,q,:t? &.. TOWN COMPTROLLER John A. Cushman CENTRAL DATA PROCESSING John Sepenoski 53095 Route 25 P.O. Box 1179 Southold, New York 1 ~971-0959 ACCOUNTING & FINANCE DEPT. Telephone (631) 765-4333 E-mail: accounting@southold.o :g CENTRAL DATA PROCESSING Telephone (631) 765-1891 E-mail: dataprocessing~southold.org Fax(631) 765-1366 TOWN OF SOUTHOLD OF}"ICE OF THE SUPERVISOR RECEIVED May 16, 2000 Mr. Bob Somers, Chief AO Proration Unit NYS Depad. ment of Agriculture and Markets Division of Agdculturei Protection and Development Services I Winners Circle Albany, NY 12235-0001 8oul ld To . Cle Re: Contracts No. C800504 & C800510 Dear Bola: As we discussed yesterday morning, enclosed please find documentation for reimbursement under the above referenced agreements as indicated below. Separate vouchers are included for each pardi. Aqreement No. C80C,504 Raphael V~neyar~s W:. ~a,m Ruland Total 155,000.00 337,500.00 492,500.00 (Federal Share) (State Share) A_Rreement No C800510 R~pha~: Vineys.'d,s Sophie Kaloski Total $183,1J31.51 ___316,16~.49 $ 500,000.00 In the event that you require any additional information, please contact me. Your assistance regarding these grants is greatly appreciated. Very truly yours, Town Comptroller Dick Ryan, Land Preservation Committee Y/ 07/11/01 ~ 16:05 FAX 518 457 2716 AG PROT~CI'ION ~002 STATE AID VOUCHER NEW YORK I I / / I / / 11-6001939 To~ of Sou~hold / / P~ ~me ~ ~ ~ ~) 53095 ~uce 25 ~0 ~ox 1179 Sou~hold ~ 11971-0959 ~e Che~ or ~i~ Paid V~cher No. ~ Pe~ ~. sh~ ~e, ~e, ~ ~ve~ ~11~ ~nts Ag;~culCu~al ~n8 Sophie ~1o~ 57 ac~e; f 524,460 00 ~nt~aat Eo. C800510 ~ mm ~d Pmmm ~ ~11~ 8m~: TOTAL $ 524,460 00 ~ *~7 ~5, 2000 524,460 00 ~ Aid ~u~i~ To~ AF q~,,eh~l~ . ~ CI~ $ 316,168 49 FOR STATE AGENCY USE ONLY STATE COMPTROLLER'S PRE-AUDIT P R O P E R T Y R E C O R D S .? Box 951 Southold. New YOrk 11971 516/765-3376 Super. Jean Cochran Town Hall Southold,N.¥. 11971 I am writing on behalf of the entire Kaloski Family to thank you and the Town Board for the rapid closure of the sale of their farm's Developmental Rights. Everyone was pleased with the results of the closure, and needless to say, the distribution of the checks. In a couple of cases it was the timing was very helpful, financially speaking. A speclal thanks should go Dick Ryan and his Committe, , he was most helpful to me in presenting the ins-and-outs of Developmental sales on numerous occasions. I wish you further success on other farms you may acquire to help preserve our beautiful North For~. SUPERVISORS OFFICE '~OWN OF..SOUTHOI-D _ LgA [ T~a_x~ Map Locati~_0] 59 SCTM #1000-102-4-6.1 BATUELLO (formerly known as Kaloski Estate) Photo taken in April 2005 OWNERS: Cliff & Regan Batuello by deed dated March 30, 2000 SA~_E f¢9 LOCATION DESCRiPTiON GRANTOR GRANTEE LAND SIZE CONSIDERATION LIBER / PAGE DEED DATE RECORDED DATE SUFFOLK TAX MAP ZONING VERIFIED PRICE PER UNIT Alvahs Lane Cutchogue, NY Land w/o Development Rights Frances Zetinski Clifford Batuello & ano 22.5± acres $26O,OOO.OO 12034/151 3/31/2000 4/11/2000 1000-t02-4°6-1 A-C Public records $11,556 per acre COMMENTS AND ANALYSIS This is the sale of a parcel of land that sold without development rights. The grantee also purchased a dwelling from the Grantor for $265,000 on March 31,2000, recorded in Liber 12034, Page 152. Fie View Toolbar Help Double click [o open m T~__~_~ M ap Location I I I I I I I I ! ! I I SALE #8 LOCATION DESCRIPTION GRANTOR GRANTEE LAND SIZE CONSIDERATION LIBER / PAGE DEED DATE RECORDED DATE SUFFOLK TAX MAP ZONING VERIFIED PRICE PER UNIT Alvahs Lane Cutchogue, NY Land w/o Development Rights Frances Zelinski Gristina Vineyards 34.2+ Acres $385,000.00 12023/856 2/16/2000 2/29/2000 1000-109-t -24.4 A-C Patricia Moore, Esq. (attorney for grantee) $11,257.31 per acre _COMMENTS AND ANALYSIS This is a vacant parcel of land which sold without development rights. The topography is mostly cleared and generally level. The Grantee purchased this properly for use as a vineyard to be used in conjunction with adjacent properties in use as a vineyard. Sale ID: 67'1 ~GIVEN ss View Tooter Held 1855 Alvahs Lane, Cutchogue AGRICULTURAL SALE #6 LOCATION TAX MAP # LAND SIZE ZONING UTILITIES HIGHEST & BEST USE SALE DATE CONSIDERATION GRANTOR GRANTEE LIBEPJPAGE VERIFICATION COMMENTS & ANALYSIS: UNIT VALUE W/S Alvahs Lane, Cutchogue 1000 - 109 - 1 - 24.4 34.19 acres AC Electric Agricultural Use Dec;ember 10, 2007 Recorded 12/20/2007 $1,020,000 Gallucio Estate Vineyard LLC 24385 Main Rd, Cutchogue, Ny Macari Farms Cutchogue LLC 150 Bergen Lane, Mattituck, NY 12534 / 545 representative of grantee, as an arm's length sale Sale of a vacant farmland pamel without development dghts. It has an irregular configuration, and comprises mostly cleared, level land. There is a wooded area in the southeasterly portion of the parcel estimated to contain about 1.5+ acres. The presence of the wooded area tends to reduce overall utility as an agricultural parcel. At time of sale, the majority of the parcel was in agricultural production as a vineyard. It should be noted the grantee also purchased Tax Lot #1000 - 102 - 01 - 13.1, containing 6.21+ acres, from the grantor on 11/29/2007 for $930,000. This adjoining improved parcel, which fronts on Main Road, was purchased in full fee simple estate interest, and contains a wine tasting facility, dwelling, and barn. No pdor sale within three years. $29,833 per acre 56 L 0 C A L H I S T 0 R Y ~©PTBALL TEAM SCORES SEE SPORTS VOL CXLII No. 38 SHOW DOGS' BIG D^Y SEE COMMUNITY SERVING THE NORTH FORK SINCE 1857 THURSDAY, JULY 2, 1998 $1.00 Not just a farm Town has preserVed a clan's heritage By Unda Crawford CUTCHOGUE--Paul Kaloski's journey began in the first decade of this century when he set off on foot from Poland, bound for Hamburg, Germany, and a ship that would bring him to America. With the century drawing to a close, his journey came full circle last week with the assurance that the farmland he had acquired and worked devotedly on Alvah's Lane will be preserved for centuries to come. Mr. Kaloski, who died in 1977, was- n't there to witness passage of a law purchasing development rights to the farm, nor was his wife, Sophie, from whose estate Southold Town bought them. But from the back of Town Hall auditorium, as the Town Board's "ayes" issued from the dais, a number of the couple's children and grandchil- dren applauded. The town may have saved parcels that were larger than the Kaloski farm, or property that had grander historic reverberations. It's certainly celebrated the rescue of open space, one of its most endangered species, with greater fanfare. But the Kaloski family members present were the human face of the farmland -- bred on it, shaped by it, reflecting it -- and seldom had an act of land preserva- tion seemed more intimate. "It's hard to separate the farm and the family," Jim Mulhall, husband of Dorothy, a Kaloski daughter, and des- ignated family spokesman, told the board last week. "It's like an enclave See Kaloskl, page 41 Suffolk Times photo by Judy Ahreu~ The Kaloskl clan down on the farm. From left: (front row) Estelle O'Connell, Frances Zellnskl, Irene SewastynowIcz, Helen "Cookie" Long, Dorothy Mulhall, (back row) Mike Kaloskl and his son, Paul. Not pictured: brother Chester. Seated: Chelsea. Kaloski... ~,,-From page 1 there [on Alvah's Lane, where many still live], and it's been continuously farmed by all these members of the family at one time or another." "They're just tremendous, dedi- cated farmers,'! Alex Hargrave, a near-neighbor, said of the Kaloskis this week; He and his wife, Louisa, have known the family since the Hargraves arrived in Cutchogue 25 years ago. The farm's eastern border and what is now the western edge of the Hargrave vineyard don't quite converge, "but we see each other's fields," he observed, noting that the 16-acre property between them is likely slated for preservation as well. But they're far more than hard- working figures glimpsed at a dis- tance, he made clean "They were es- sential to getting us on our feet here when we started out." And the fami- ly's choice about preserving the farm obviously pleased Mr. Hargrave, paticUlarly, he said, as the youngest family members backed it as strongly as those who'd spent decades on the land. To see the farm change, Dorothy Mulhall said after last week's Town Board action, "would be like cutting part of [the family] away. There's such an emotional attachment to it, espe- cially for those still looking at it every day, and farming it." Mike Kaloski, who's 80 now, has been, after his father, "the leading farmer on the estate," as Jim Mulhall put it, and Mike's son, Paul, is now second in command. But during their childhoods, all seven of Sophie and Paul Kaloski's children -- Chester, Mike, Irene, Frances, Dorothy, Es- telle and Cookie -- worked on their parents' land. Building a heritage There were 60 acres, which Paul Kaloski acquired in the following manner: After arriving in this country, he did farmwork in the Glen Cove area before making his way to the North Fork. He worked for other farmers here as well, saved his money and bought, first, the farmland on the west side of Alvah's, then the piece that lies to the east. Altogether, the farm fronts on 2,350 feet of the lane. Before becoming a landowner, how- ever, Paul met and married Sophie. Also born in Poland, she'd followed her sister, Connie, to America and to Cutchogue, the first of their family to settle in a new land. One of the Kaloskis' daughters, Frances Zelinski, said her parents were married in 1914, the year World War 1 began. And Frances, Dorothy insisted, was the One to ask about family history. But before begging off in her sister's favor, Dorothy imparted an arresting glimpse back. Their father was ~'the last man to have a milking cow on the North Fork," she said, and she's always believed that "he started to go downhill after the cow died." He'd already seen the entire world trans- formed during his lifetime, and the cow's death, she speculated, may have seemed a portent of further, and even more unwelcome, changes ahead. Paul and Sophie bought the Alvah's Lane property from the Simchicks on Jan~ 5, 1926. The homestead standing on it -- which Frances thinks may Suffolk Times photo by Judy Ahrens Mike Kaloskl and son Paul on their Alvah's Lane farm. have been built by Alvah Tuthill, giv- ing the lane its name -- was "the only house on a hill in Southold Town," Frances noted last week. "My father took a mortgage with, I think, somebody who was a relative and had a duck farm in Center Moriches," she recalled, "and we'd go there with him in the Model-T when he went to pay it." Sometimes, the mortgage money came "from sand [my father] sold from our property to the people building [Route 25]." Then, as now, the farm produced primarily potatoes, beans, sprouts and cauliflower. And the potatoes remain the most vivid in Frances's memory. "My father would give a quota, so many bushels," she said, "and those had to be picked before you could do anything else." And afterward? "Are you kid- ding?" she answered, with a favorite preface. "I'd go caddy at the North Fork Country Club, from the time I was 8 or 9. A lot of us did that. And that money I could keep and put in the bank. Some families were so poor the kids couldn't keep it. But we could always save that money ourselves." What she liked most about working on the farm, she remembered, was "the fresh air and the exercise." What she liked least was the dust that some- times rose from the ground, covering, penetrating everything. A forever farm A few of Paul and Sophie's children have left the North Fork and lived elsewhere for various periods of time. Frances was away for just a few years. But all of them eventually came back home, and when they did, the farm was here, as it always had been. To know that won't change "makes us so happy," she said. "We're so glad to know that the farm's not going to be covered by houses and crowded with people. We see all these developments around, what they look like." Southold paid $500,000 for 55 of the farm's 60 acres, a price reflecting its value for development, according to Dick Ryan, chairman of the town's land preservation committee. But the sale price could never reflect all that was saved last week. be~:~een:$o a~d 90 ~5~__bT Wim Spe~_ (ki:~i;inaVine- ~d~ maga~ne~ yards (above) ou~ia~rs have and the neig!-~ notice. E~rlier tbs yem; a boring potato ~'oUp of Chilean in- field il; recently ves~r~ bOcgh[ a purchaed L~m.~!L~¢Les~ ~ex~der, o~m~r {~f aCquiri,~/j land and ~i~s i5 estab~sh a v, in~ ry. And ~ October, ~ex ~d Louisa H~ave, the owners of Hargmve V~ey~d, the ~st mode~m winery~n ~ong Island, sold theh' plaee ~ no less than an Italian On the weekend we visit, the North Fork is in its glmy. Leaves are beginning to blush reci'~ m~d orange. Pump!dh and fin_tit smnd~ line the byways. And the traffic jams caused by tourists out from New York City and central Long Island in theh' Bl~DYs and Camrys m-e menacing to life and bike. In the winery tasting rooms, weekenders line up four deep at the eounte~: Before Tim and I taste, we work. A little bit. anyway. Jerry and Mary Gaff Gristina (]rive us out to the vineyat~ls in their sUV to help with the grape hat- ' 1l Chflea prince. Marco Borghese, who gx'ew up on a 2,000-acre Tuscan estate and plans to experiment with Italian nebbiolo m~d sangiovese grapes. To local winemakers, the prince's rival on the scene signals the end of the mom-and-pop era. "Now the big money comes in," says Jerome Gristina. proprietor of Gristina Vineyards in the North Fork village of Cutehogue and a Connecticut physidran. For GrLstina, this is a good thing. It means the wines of the North Fork will get noticed and their market will grow. But some lo- cals--even Gristina's wife, Mary wom*y about the potential Napafication of theft' pretty little comer of the world. Will it become commercial and over- crowded and lose its tm-at charm? "t see a loss of innocence," she says. "It's like going from the local hardware store m Home Depot." But right now, going to the North Fork is like traveling back in time. 1 visited in eta.ly October on a two-day bi- cychng jaunt with a friend. Tim Cheg- widden, sales :,~anager iftr Slocum & Sons. a Connecticut wine distributor~ Tiffs is the beginning ot' my education in the fine m't of ~5ne talk. John Perry, Gristina's genera] manage~; describes the 1994 Andy's Field cabernet as "a chocolate, chewy ~4ne--good with food." Late~ az the nearby Pellegrini Vine- Russell Hearn ~ne winemaken talks about the "fatness" of his wine. He means rich, voluptuous, r~pe--the result of waiting until the last minute to pick the ga-apes. And Tkn praises the Pellegrini 1995 eabernet franc. "Tkis ~vine has freshness." he says. "It dances a bit." ~:l_a~ ~r. Before we began our tom' of local wineries we devised a ~est of character for our hosts. According [() Tim. it is said that in the renowned italian ~4ne ~4llage of Bta'bm'esco, when you ask winemake~ who fen~ents the best wine in to,~m, they rank themselves No. 1 but grant Angein Gaja the No. 2 spot. That's how you know Gaja is the best winemaker in Barbaresco. Tellingly, when we asked North Fork winemakers what was the best red ~4ne ever made there, they all mentioned one of theft' neighbors' wines fu~t--before theft' own. These folks have class. Sm'ne of the North Fork winemak~ ers' top pk.ks: Paumanok Vine- yard's 1995 eaben~et and Lerm Winery's 1993 merlot. Pellc- grini's Hearn says the best cahernet was probably Bedell Cellars' 1995 vintage--neck- and-neck with his ()wn cab from tlmt yea~: On the North Fork. every wSnemaker seems zo have a story. Mostly, they're about that tmve come u-ue. Bedell proprietor Kip Bedell aa belt." acres in vines and expand his 2 0 0 5 U S E R E V I E W R E Q U E S T MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.u s Telephone (631 ) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD May 5, 2005 Cliff Batuello 1350 Alvah's Lane Cutchogue, New York 11935 RE: SCTM # 1000-102-4-6.1 (f/k/a Kaloski Property) Request for Land Preservation Committee Review of proposed horse barn on property on which Town owns a development rights easement Dear Mr. Batuello: The Land Preservation Committee Members, in accordance with Section 25-50 C. (2) [3] of the Town Code, reviewed the proposal you brought to the Committee in a letter dated March 22, 2005 (together with sketch showing proposed location) and your follow-up e-mail of April 19, 2005. The recorded easement for this property allows land within the easement area to be used for the purpose of agricultural production. Section 25-50-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's review/approval does not override the need for review/approval by other Town Departments or agencies. Your March 22, 2005 letter requests a 140' by 180' barn at the rear northeast corner. The proposed location is shown on the survey submitted together with the March 22nd letter. Your e-mail of April 19, 2005 provides additional information. In your correspondence you note that the barn will o contain 20 stalls; o be used for breeding, training, boarding and exercising horses; and o be used for agricultural equipment storage. You note that the barn will not be used for o commercial shows or seating; and o the barn will not contain bleachers or a show or competition arena. In addition, you note that you are proposing 4 parking spaces at the barn and that parking would be in conformance with applicable Town Code. You note that additional on-site parking for 3 vehicles could be located in the vicinity of a hollow in the woods on your property; and o all accumulated waste will be trucked off site. The Committee is approving the horse barn, as listed and clarified above, to be allowed within the development rights easement area at the rear northeast corner of the property (see survey for clarification). 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 does not mean that you can proceed with construction. All improvements are subject to all applicable Town Code requirements. The Committee's approval allows you to proceed with pursuing any applicable approvals that are required by Town Code. The Committee's approval is for the uses mentioned above only. You will need to return to the Committee for approval for any future construction, reconstruction, and additions of and to structures within the development rights easement area. Please feel free to call me if you have any questions regarding the above. Sincerely, ~ Melissa Spiro Land Preservation Coordinator enc.: marked survey copy cc: Planning Department w/marked survey copy Building Department w/marked survey copy BATUELLO PROPERTY (f/Ida Ka~oski~ ~?~/4. /O~ View Iookin~ NE of the potential location of the 180' x 140' horse barn. The pg!~ hap~_er~s to be near the center of the barn site SCTM #: Location: Total Acreage: Total PDF~ Acreage: Zoned: CPF: 1000-102-4-6,1 1855 AIvah's Lane, Cutchogue 22.811acres (per survey) 22.811 acres purchase by Town 2/5/99 n/a 439.27' NOTES: · NONUI"IENT PIPE AREA = 22.811 AGI;;~JE5 ®P--.APHIC SC. ALE I"= 200' T Development Rights *o~ o~ So~tho~ zz.811 Acres SURX./tE'f OF PP-..OI°tER-F'¢' SI TUA'"I'tE: TOI/,IN.. SOUTHOLD SUFFOLK COUNTY, NY' SURVEYED Ol-14-qq C~RT'S AMENOEE> 02 2q O0 SUFFOLK-. COUNT'¢ TAX ~* lO00 -102 - 4 - (~.1 E, ERTIFIED TO: C,L I FFOt;RO t~AUTELLO RE®AN BAUTELLO C, Of'-iMON!,"tEALTH LANE~ TITLE I NSUP-.ANE, E C. OI'dPAN¥ JOHN C. EHI.ERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-TIGER~PROS~98-297ES 2001 Aerial BATUELI-O Property f/k/a Kaloski 22.811 acres Premises: 1855 Alvah's Lane, Cutchogue Town purchased development rights: 2/5/99 March 22, 2005 Melissa Spiro, Land Preservation Coordinator Department of Land Preservation Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Batuello (formerly Kaloski) Alvah's Lane Cutchogue, New York 1000-102-4-6.1 I/MAR 22 2005 0[~1. OF I.~ND PRESERVATION Dear Ms. Spiro: We would to request your preliminary consideration of a horse barn on our property. We are proposing a 140 x 180 barn at the rear northeast corner. It will be shielded from view by the existing woods to the West and North. It will adjoin the recharge, park and recreation areas of the adjoining subdivision. The actual angle of the barn placement will depend on soil and wind considerations. The barn will be used only for breeding, training and boarding our horses and others, and for agricultural equipment storage. There will be no commercial shows or seating; the barn will not contain an arena. We have been operating this type of business on a smaller scale on this property and our barns across the street. Our existing barns are not of sufficient size to accommodate the operation. Our deed of development rights provides: The definition of"Agricultural Production: as defined in Section 25-30 of Chapter 25 of the Southold Town Code is as follows: "Agricultural Production - shall mean the production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in "agricultural production" shall also include fences, equipment storage buildings, livestock barns, irrigation systems, and any other structures used exclusively for agricultural purposes." The party of the first part and the party of the second part do hereby covenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date tbr the purpose of such agricultural production. Please advise what additional information you require. Very truly you~/.~"~ ~ Cliff Batuello and Regan Batuello 1350 Alvah's Lane Cutchogue, New York 11935 / Page I of 1 Spiro, Melissa From: Batuello@aol.com Sent: Tuesday, April 19, 2005 12:45 PM To: Spiro, Melissa Subject: Horse Barn Proposal Hi Melissa, here are the points we discussed on the phone two weeks ago: 1. Number of horses. We will have a 20 stall barn and hope at some point in the future to have that many horses. As we do not believe in leaving horses out in our winter weather we could never have more than that. With the elimination of seven or eight acres of vines we would have about 15 acres of pasture. That also, we feel, would limit us. 2. Parking. We would like four spaces at the barn. Down by the road, there is a hollow in our woods that would allow for three vehicles and they would be mostly unseen. Otherwise, our home is across the road and we have lots of space there if it was ever needed (doubtful). Personally, I don't like cars around horses, and I think it would be better for all if it was limited to this. Furthermore, we are not of the mind to pave. We live in the country, and want it to stay country. We'd probably use recycled concrete for the egress and spaces. 3. The barn. The indoor area is strictly an exercise area. Especially during the inclement months, the animals need access to a space to run around in. We will be strictly western - no shows, no dressage, no bleachers, none of that. Nothing wrong with that, I suppose, but there are already plenty of other barns that do that. Ours will be of a more simple stripe. 4. Waste Mglt. We will NOT be digging a hole like some other places do. A horse barn does NOT need to be a breeder of flies and rats. If well cared for, it's a clean environment where parents would love to see their children visit. On one side of the barn I'd like to have a lower access to allow for our dumpwagon. Shavings and manure will go straight into the wagon, and every other (or every third) day will be carted out. The local landfill receives manure for compost, but I've also been talking to various farmers who would love to have it delivered to them. I believe this answers all the questions that were addressed to us. We are, certainly, available for any other issues. Regan and I feel very strongly about this project, but as our neighbors who have witnessed us struggle with an organic vineyard will tell you, we also feel strongly about the community we live in. We'd like these stables to be something that not only we are proud of, but our friends and neighbors are, as well. Thank you, Cliff Batuello 734-2901 917 696-8082 (cell) 4/19/2005 2 0 1 0 U S E R E V I E W R E Q U E S T MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-5711 Facsimile (63 l) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD September 1, 2010 Donna M. Ruttura Samantha Ruttura 4067 Darby Lane Seaford, NY 11783 Re; SCTM #1000-102.-4-6.1 Ruttura (f/Ida Kaloski) Property Location: 1350 Alvah's Lane, Cutchogue Request for deer fencing and labor housing on property with Town Development Rights Easement Dear Landowners; The Land Preservation Committee members, in accordance with Section 70-5 C. (2) [3] of the Town Code and the easement on your property, reviewed your request dated August 19, 2010, for 2800 feet of 8' high deer fencing along the westerly, and part of the northerly rear property lines as shown on the survey included with your application, together with a request for construction of a 25'x50' labor housing on the above mentioned property. Section 70-5 C. (2) [3] of the Town Code 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 er on agricultural lands in which the development rights have been acquired by the Town. The recorded easement on your property states that "Land used in 'agricultural production' shall also include fences..." The Land Preservation Committee did review and approve your request for the placement of deer fencing within the development rights easement area, subject to meeting all applicable Town Code requirements. The Committee's approval does not mean that you can proceed with the installation of the fencing. The Committee's approval only allows for you to proceed with pursuing any applicable approvals that are required by Town Code. Your request for a 25'x50' labor housing placement within the development rights easement area was not reviewed at this time. The Committee is requesting additional and more detailed information regarding the proposed labor housing before reviewing this request. If you have any questions regarding the above, please call me. Sincerely, Melissa Spiro Land Preservation Coordinator /md enc: landowners' application and proposed plan cc w/enc: Planning Dept. Building Dept. MELISSA A. SPIRO LAND PRESERVATION COORDINATOR meliss~.spiro~own.southold.ny, us Telephone (631) 765-5711 Facsimile (631) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF $OUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Roum 25 (corner-of Main Rd & Yotmgs Ave) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 REQUEST for Agricultural Structure Placement on PDR Land~ 'T&xMapNo. 1000- /O'Z. 0 ~' - I am the owner of the property described below and on which the Town purchased a development rights/conservation easement on or about ,~'r~'/_~,. / [f ~ f (date) Name °f Owner (please print): Name(s)'of previous owner: (if applicable) Mailing Address: Phone Number. Pr°Pe LYLocation: /3r/ L Ust type, size, and use of each agricultu, ral structure proposed: R ~ ~iV~) *Attach I ca Ion ma (survey, tax map, or sk.etch plan) showing placement area of agricultural structure(s), distance from property boundary lines, and any readily available information relating to your request. YOU may talk with the Coordinator at (631)765-57:1.1 to discuss questions or to arrange to participate in any Of the regula[ meetings of the Land Preservation Committee. Please return the completed form with attachments to: Town of Southold - Land Preservation Department *Ail attachments must be signed and dated by property owner. Date Joi. v "Pak Nn j 4bto7 ?jISl4 / f V-po I I /`I " ~00'~d ~ , •i ..sue, ~ IV ` t t ~ 4~ it. y I L P C R E V I E W R E Q U E S T S gUFFO(,~ OFFICE LOCATION: MELISSA A. SPIRO COGy.A Town Hall Annex LAND PRESERVATION COORDINATOR 54375 State Route 25 melissa.spiro@town.southold.ny.us p (comer of Main Rd & Youngs Ave) y 2 Southold, New York Telephone (631) 765-5711 %r Facsimile (631) 765-6640 MAILING ADDRESS: y?J01 u ~.a P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD January 10, 2014 Joel Itzkowitz & Isabel Meltzer 32 East 2"1 Street Riverhead, NY 11901 Re: Request for Agricultural Structure on Town PDR land SCTM #1000-102.4-6.1 (f/k/a Kaloski) Property Owners: Donna M. Ruttura and Samantha Ruttura Contract Vendees & Applicants: Joel Itzkowitz and Isabel Meltzer Dear Mr. Itzkowitz & Ms. Meltzer: The Land Preservation Committee Members, in accordance with Section 70-5 C. (2) (a) [3] of the Town Code and the recorded easement for the subject property, reviewed the application request received 12126/2013 together with information submitted regarding the installation of agricultural structures for the purpose of farm equipment storage and raising, breeding and training horses on Town PDR land. This request application was formally presented to the Committee at its meeting held on January 7, 2014 by your attorney, Abigail A. Wickham. The recorded easement for this property allows land within the easement area to be used for the purpose of agricultural production. Section 70-5 C. (2)(a) [3] of the Town Code and the recorded Easement require that the use of the Property is consistent with the terms of the Easement and 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's review/approval does not override the need for review/approval by other Town Departments or agencies. Your proposal for uses/improvements within the Easement area as presented in the above mentioned application at the January 7, 2014 Land Preservation Committee meeting is for the property which is subject to easement to be used for the continuation of the existing vineyard, and the boarding, raising, breeding, and training of up to eight (8) horses. The Committee has considered your proposed improvements within the Easement Area and passed a motion on January 7, 2014 approving the following: • Construction of a 48'x48' barn in the westerly side of the property, approximately in the area shown on the sketch presented with the 12/26/2013 application. The barn may be constructed in phases. The barn may be used for horse stalls, farm equipment for the farm, farm office, bathrooms, or other permitted uses. The barn may include plumbing and heating. • Farm road access and an unpaved parking area for access to the barn. In addition to this approval, it is understood that: • Manure to be properly and regularly disposed of. • Horse riding lessons and shows are not approved or permitted. • As per the Easement, the removal of topsoil, sand, or other materials shall not take place, nor shall the topography be changed except to construct and maintain the above mentioned approved structures and improvements. On May 5, 2005, the Land Preservation Committee granted approval for a horse barn to prior landowner, Cliff Batuello. This current approval is given subject to revocation of the 5/5/2005 LPC approval once you have completed your acquisition of fee title to the property from the present property owners, Donna M. Ruttura and Samantha Ruttura. The Committee's approval of the uses/improvements within the easement does not mean that such uses will be approved or permitted by other Town Departments or agencies. The Committee's approval does not mean that you can proceed with construction. All improvements are subject to all applicable Town Code requirements. The Committee's approval allows you to proceed with pursuing any applicable approvals that are required by Town Code. The Committee's approval is for the uses mentioned above only. You will need to return to the Committee for approval for any future construction, reconstruction, and additions of and to structures within the development rights easement area. If you should have any questions, please do not hesitate to contact me. Sincerely, Melissa Spiro Land Preservation Coordinator MS:md attachments cc: Abigail A. Wickham, Esq. Planning Board Building Department LAW OFFICES WICKHAM, BRESSLER & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM (06-02) MATTITUCK, LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 ABIGAIL A. WICKHAM 631-2984353 JANET GEASA TELEFAX NO. 631-298-S565 awickham®wbglawyers.com December 24, 2013 Melissa A. Spiro Land Preservation Coordinator Town Hall Annex 54375 State Route 25 Southold, New York 11971 Re: Itzkowitz from Ruttera,1350 Alvah's Lane, Cutchogue, NY SCTM# 1000-102-4-6.1 Dear Melissa: Enclosed is Request for Agricultural Structure Placement on Land Subject to Town Development Rights Easement application and map showing proposed location. Pursuant to our telephone conversation last week, we are representing the contract vendees, Joel Itzkowicz and Isabel Meltzer, in their purchase of this property. An application for consideration by the Committee is enclosed. We are obtaining a consent from the current owners, Ruttera, and will forward that immediately upon receipt. The current plans are to construct a 36'X 48' barn for storage of farming equipment used in connection with the existing vineyard on the property. The vineyard will remain in production. The barn will also contain 4 stalls for horses. The applicant may at some point add four additional stalls, so the proposed location of that extension is shown. The applicant intends to board, raise, and train horses, with a few of the stalls for boarding horses, Lessons and shows will not be conducted on the property. When not in the barn, the horses will be in the existing paddocks, and potentially additional paddock space in the northeast corner. Manure will be properly and regularly disposed of. The barn will not be heated. Plumbing for water and a bathroom may eventually be added. The proposed barn is smaller than the previously approved barn. It is located closer to Alvah's Lane to facilitate access and reduce the size of the access drive, which will be constructed of pervious material. We would appreciate an appointment at your January 7, 2014 Committee meeting. ~j~l~J~OI! (~aa~© Xb ~``rs/r ,n Up. WlCkh/v~/ AAW:csv,Encl. YSTPL - DEC 2 6 2013 E N PRESFRYATION 12/19/2813 16:18 631765664B LAND PRES PAGE 01 MELISSA A. SP1R0 pS~F1`04 , OFFICE LOCATION: LAND PRESERVATION COORDINATOR Town 19-11 Annex y 54375State Route25 malissaspiro(uJtown,roathold.nyus io (coma of Main Rd &vopngcAva) ,y 2 Southnld, Ncw York Tekphtme (63 t) 7(5.5711 rnulmik (G.?1)765.6690 Oy MATUNGADDRESS: '~Ql P.O. tiox 1179 Southold, NY 11971-0959 DEPARTMENT OF LAN1f PRESERVATION TOWN OF SOUTHOLD REQUEST FOR AGRICULTURAL STRUCTURE PLACEMENT ON LAND SUBJECT TO TOWN DEVELOPMENT RIGHTS EASEMENT Tax Map No. 1000 - 102 - 4 - 6.1 I am the owner of the property described below and on which the Town purchased a development rights/conservation easement on or about February 5, 1976 (date). Contract Vendee: Joel Itzkowitz and Isabel Meltzer Name of Owner (please .print): ouna M. uttura and Samantha Ruttura Name(s) of previous owner: Clifford Batuello and Regan Batuello (If applicable) Mailing Address: 36 East 2nd Street Riverhead, New York 11901 13 Phone Number. (631)727-6604 e-mall Address: www. ccliinc. com nFPT OF I AND cc: awickham@wbglawyers.com PRESERVATIOlli Property Location: 1350 Alvah's Lane Cutchogue, New York List type, size, and use of each agricultural structure proposed: 36' x 48' barn for farming equipment storage (vine ard) and 4-12'x 12' horse stalls for raising, breeding. and training, 1 to 2 owner horses; 1 to 2 boarders; 121x36' for four additional stalls. 'Attach locatlon map (survey, tax map, or sketch plan) showing placement area of agricultural structure(s), distance from property boundary lines, and any readily available information relating to your request. You may talk with the Coordinator at (631)765-5711 to dis s questions or to arrange to participate In any of the regular meetings of the Land Preservation Commftte 22% Appl• nt•. Joe t owi Date Applicant Isabel Meltzer Date Please return the completed form with attachments to: Town of Southold - Land Preservation Department •AII attachments must be signed and dated by property owner. (boo-?102-~~(p,~ f if 4 y a ~ ~ i rrtuc SuRva V-M= am= M YY~~ ~M . e. . ~ I .y... _ +.i sue...... i ' tzwck- 40' w~ 00, 07* arv tC~' y, si-tis December 24, 2013 Melissa A. Spiro Department of Land Preservation Town of Southold 54375 State Route 25 Southold, NY 11971 RE: 1350 Alvah's Lane, Cutchogue, NY We are the owners of the above referenced property and have contracted to sell same to Joel Itzkowitz and Isabel Meltzer. We consent to the application by Joel Itzkowitz and Isabel Meltzer, contract vendees, to your Committee for the construction of an equipment bam and horse stalls, and to their counsel, Abigail A. Wickham, Esq., appearing in support of their application on their behalf. Donna M. Ruttura Dated Samantha Ruttura Dated Enclosure TEPT 0 2013 Of LAN'D PRESERVATION 2 • 0 0 5 P H O T O ~ S • • SCTM #1000-102-4-6.1 BATUELLO (formerly known as Kaloski Estate) Photo taken in April 2005 From mid-point of dirt road dividing property east/west facing northwesterly toward area requested for horse barn location " r R 1 OMNI 741- - !h - ,J a 4 yq, # ~ 4"' i. ~ ~eF xJ't~, v~- l~~R,, y y All ay ~ ~ J ^~?f..~ ~l~~ x 7 • ~ ~ ~ x.~',.z~ x, rays _ _ ~ _ 9~'`G t -ate y _ r,. rr3ESYbX`r~t:.t ~ t..b c = . 'x 4 "-i .1a, 1 C 4, ~ ~ • • SCTM #1000-102-4-6.1 BATUELLO (formerly known as Kaloski Estate) Photo taken in April 2005 from dirt road on northerly portion of lot facing easterly toward planted vineyard rem am r s ~y •4 .~,~7;1~,~_%6.`f„ ~~'~"v E'p ' ~ : f ~~Mh .Y y _ a6"~ya1 J .`t~ ~yfi s 10 47 4.,. 7. _ .'r . ':^'w',R~!C~ffC y'cr 1.' a .~v.rx , -*•.ife: _ y K ~s`~ia • • SCTM #1000-102-4-6.1 BATUELLO (formerly known as Kaloski Estate) Photo taken in April 2005 from dirt road on northerly portion of lot facing easterly toward across planted vineyard r r. , J '"l nur ~ s 0 l ~ ~ ~ ~ w * 4~6' ~ wart. - 3' r ~ a r M, _ •-f 77. ~,r,.K~' ~ . 1 ? '.~r~ * +t id~~. ,i 1°~~~" a~u.: t'~"! .w. 3. ~ia'~ f ~ ~ } k 1 .r ~,t • I I SCTM #1000-102-4-6.1 BATUELLO (formerly known as Kaloski Estate) Photo taken in April 2005 from dirt road facing westerly toward area requested for horse barn ,.F :.A r ~SU~p~Jq{~ 5 p )d y .M k i - ~ ~ v' ` k v~Y~t~at.` ? j ~ ~ ' -..fit ,~N r e '~h~2-i 11m 3s~+ ~ n V" ! t. ~ ~ ~ e~a~1A(~;r f lam, a1 t e. ~Y' ~ 7 Te (N~~ ~ ~,C} '.~1'~ T ~RC~,,, A. - ~.aa'~ '~~~ti 'ro 'F,F+{I+~' ~ • SCTM #1000-102-4-6.1 BATUELLO (formerly known as Kaloski Estate) Photo taken in April 2005 from dirt road ending approximately 440 feet from northwest corner of property facing southwesterly toward area requested for horse barn 'l e~ Owt. • • SCTM #1000-102-4-6.1 BATUELLO (formerly known as Kaloski Estate) Photo taken in April 2005 from dirt road ending approximately 440 feet from northwest corner of property facing southwesterly toward area requested for horse barn . .4 ~ 1~,• / ( S~. h t maw Rwt !k-- J..~ ~ i. "~~i~fi. ~Ji1.~Jyy Ii~Y _1:,'i• Y 0. _ L SV^. ~ aka W ~ .":`f * y« y Y~.?.~,`e"s ,-ESA,' wF~,{".,~k a ~`w'fa .w,«^~4'.e ',My 4'7. t 14 • SCTM #1000-102-4-6.1 BATUELLO (formerly known as Kaloski Estate) Photo taken from High Crown Road, Cutchogue at Recreation Area in April 2005 northerly side of Batuello property facing southwesterly toward area requested for horse barn "'-:;~,,t~Lq?S!'...*ada4"sAt 'rr : r, '=,*syrl T `k ,A yes 71 • A E R I A L S 2001 Aerial KALOSKI Estate to Town of Southold Closing held: 2/5/99 57.0 acres development rights easement S U R V E Y PROPOSED DEVELO,~MENT RIGHT EASEMENT TO TOWN OF SOUTHOLD N 58,88' N 51'35'43" E~ 79,5#' N 48'03'17" 92.91' PROPOSED DEVELOPMENT RIGHT EASEMENT TO TOWN OF SOUTHOLD N/F Poul C. Koloski ~ 2. 8 OCTOBER, 1998: CORRECTED MAP AREA. I. I OCTOBER, 1998: AMENDED MAP TO INCREASE AREA. SURVEY OF A PORTION OF THE ESTA[~' OF SOPHIE KAIOSKI SITUATE CUTCHOGU~ TOWN OF SOUTHOLD SUFFOLK COUNTI~, NEW YORK BASED ON A SURVE~ OF ~HE FARM DONE BY RODERICK VAN TUYL, SEPI~ 22, 1988 SURVEYED FOR: JIM MULHALL DOROTHY K. MULHALL TMf~: 1000-109-01-24.1 SURVEYED: 6 July, 1998 SCALE: 1"--60' AREA-- 250,570.68 SF or B. 752 ACRES SURVEYED BY: STANLE~ d. IBAKSEN, Jr. P.D. BOX 294 Nek uffolk, N.Y. 11956 516 ~ -4-58 N~ LI6. No. 492~' 98C715 ~=0~- THE F~.Ot~OSEC) F'U~CHASE OF PEVELOP~ENT ~.I®HTS SITUATE: TO~IN OF SUFFOLK OUTCHO®UE SOUTHOLZP COUNTY, NY / SU~.VE'~E~ al [4-qq AI~EN[PEP O2-O4-qq SUFFOLK OOUNT'F TAX ~"S I000 102 - 4 ~.1 I000 - Ioq - I - 24.1 OEP. TIFI~I9 TO, THE TOJdN DP SOUTNOL[P OO~d~dON~EALTId LANZ~ TITLE · hfONUPIENT FOUND O PIPE FOUND A~AS. Area ~s~ Petrel Are~ ~es~ ~oel To~I Acreege Rebolned Area ~ev ~fgh~s ~o be TransFerred 22.811 Acres 58.045 Acre5 5.55S Acres 57.000 Acres FINAL SURVEY * o? GRAPHIC SCALE I"= IOO' - as ,/ / / ,3¸ IqEFEREI,ICE # 98 02~/