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Home My WebLink AboutWesnofske, Eugene Jr 1000-69-4-8.8 (f/k/a 1000-69-4-p/o 8~) Baseline Documentation Premises: 36450 County Road 48 Southold, New York 6.01437 acres Development Rights Easement EUGENE WESNOFSKE, JR. and CHRYSTAL WESNOFSKE to TOWN OF SOUTHOLD Easement dated December 8, 2008 Recorded December 11, 2008 Suffolk County Clerk - Liber D00012574, Page 702 SCTM #: Premises: 1000-69-4-8.8 (f/k/a 1000-69-4-p/o 8.1) 36450 County Road 48 Hamlet: Southold Purchase Price: Funding: $408,977.16 (6.01437 buildable acres $68,000/acre) Community Preservation Funds (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 8.0846 acres Development Rights: Reserved Area: 6.01437 easement acres 2.0661 acre (90,000 sq ft) Ag Structure Area: (within dev rights easement area) Zoned: 0.8472 acre A-C (36,905 sq ft) Existing Improvements: In December 2008 - No structures within easement area; cultivated fields P R 0 P E R T Y V I S U A L S I I I I I I I SUBJECT PHOTOGRAPHS View of Subject Property Facing Northerly I ! I I I I I ! View of Subject Property Facing Southerly ~GIVEN va I I I I I I I I SUBJECT PHOTOGRAPHS ! I i I I I ! I View of Excluded Area Containing Improvements ~_GIVEN ?? Aerial Photograph Showing Subject I ".: ' . .':3 ~.. :, .. . . . . ~ -..,? , 935~~/ ~ ~ ¢ ~ I II '/,2 ?.$ SUFFOLK COUNTY TAX MAP SHOWING SUBJECT PARCEL ZONINE DISTRICT' AC SURVEY FOR LOTLINE CHANGE A T PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, N A P P R A I S A L R E S 0 L U T I 0 N PHASE I ENVIRONMENTAL SITE ASSESSMENT FOR THE PROPERTY KNOWN AS: 36450 ROUTE 48 SOUTHOLD, NEW YORK 11971 TAX MAP NO. 1000-069-04-Portion of Lot 8.1 EXECUTIVE SUMMARY Cashin Associates, P.C. (CA) has performed an evaluation of the parcel identified on the, County of Suffolk Tax Map //part of 1000-69.-4-8.1, State of New York in accordance with the American Society for Testing and Materials (ASTM) E 1527-05, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, and Suffolk County Department of Environment and Energy Environmental Site Assessment Criteria (Memorandum, August 1999). CA was authorized by the Town of Southold to conduct this evaluation by a letter dated September 15, 2008. The subject property is a 6.2 development rights easement of a approximately 8 acres parcel. The property is agricultural and consists of a large crop field and small woodlands. The un-included portion of the subject property includes a single-story dwelling several barns and a farm stand on a 2-acre parcel. With the exception of a small abandoned shed in the southwest comer of the subject property, no structures on the property were observed or reported to CA during the inspection. CA accessed the property from Route 48 (North Road), a paved roadway which serves as the northern boundary of the property. Adjacent properties consist of: farmland and a few residential houses to the north, east, south and west. The Long Island Railroad track runs along the southern boundary of the property. Oashin Assooiatee, P.O. · Engineering · Planning · (~onscruobion Management The results of the investigation found one potential recognized environmental condition and one environmental concern associated with the subject property, as described below: Abandoned Farm Equipment Area: The southwest comer of the subject property appears to have been used as a discard area for old farm equipment and other agricultural related wastes. The presence of a possible debris area represents a potential recognized environmental condition. The area is overgrown with natural vegetation and there appears to be several pieces of abandoned farm equipment partially covered by vegetation. Also, the CA inspector observed two areas of raised disturbed soil that could indicate a possible old debris burial site associated with the farm. Site specific investigation would be needed to determine if these areas are indeed a past debris site and whether it contains any hazardous material. This could be determined by placement of soil borings and analysis of subsurface soil samples for potential contaminates (metals, volatile organic compounds, semi-volatile organic compounds and pesticides). Historic Agricultural Use: Due to the apparent historic agricultural use of the subject property, as well as land in the surrounding area, since 1938 (and possibly prior), it is assumed that pesticides and herbicides were utilized over a significant period of time. However, according to the property owner, Eugene Wesnofske, pesticides were believed to have been used for the agricultural operations conducted at the subject property although to a lesser extent in the later years. The regional contamination of shallow groundwater from pesticide use has been thoroughly documented for much of eastern Long Island. Soil contamination has also been documented for lands under long-term agricultural use. Site specific investigation would be needed to determine if long-term agricultural use has affected soils and possibly groundwater at the site. Cashin AssooiaCea, P.C. · Fngineeeing · Planning · OonstrooCiom Management Photograph #1 - View looking south toward southwest boundary of property. Photograph #2 - View looking west toward overgrown southwest corner of property with abandoned farm equipment. Photograph #3 - View of abandoned farm equipment on southwest portion of subject property, Photograph ~, - View of empty, abandoned shed on southwest portion of subject property. Photograph #5 - View of oil drum that appears to have been dumped on site (side of drum cut open). Photograph #6 - View of old, abandoned car on southwest portion of property. Photograph #7 - View of abandoned farm equipment on southwest portion of property. Photograph #8 - View of disturbed soil; possible material burial site on southwest portion of property, Photograph #9 - View of old tractor tires dumped on southwest portion of property. Photograph #10 - View looking west of nursery along western boundary of subject property, Photograph #'11 - View of disturbed soil; possible material burial site on southwest portion of property. Photograph #12 - View looking north toward Route 48 from southern boundary. Photograph #13 - View looking northwest from southeast corner of subject property. Photograph #14 - View looking west from eastern boundary of subject property. Photograph #15 - View looking north at adjoining property in east corner near Route 48. Photograph #16 - View looking north along edge of adjoining property in northeast corner, New York State Department of Transportation $outhold Quadrangle New York- Suffolk 7.~ ~/nut~ O~i~l Edition Scale 1=24000 Environmental FirstSearch ,5 Mile Radius ASTM-05: Multiple Databases 36450 ROUTE 48 , SOUTHOLD NY 11971 q? Source 2005 ~/S ('znsu.s TIGER T~lget Si~e (Latitude: 41.052256 Lon~hnde: Identified Site, Multiple Sites, Receptor ploodpl~i,~s: ioo ¥¢~, soo ¥¢~ .............. ~'~ ~j Environmental FirstSearch 1 Mile Radius ASTM-05: NPL, RCRACOR, STATE 36450 ROUTE 48 , SOUTHOLD NY 11971 Source' 2005 U.S. Census TIGER Files TargetSite (Latitude: 41.052256 Longitude:-72.456608) ............................. ~ Identffied Site, Multiple Sites, Receptor .......................................................... [] DELNPL, Brownfield, Solid Waste Landfill (SWL), Hazaxdons Waste ~ I;5::1 ii[ Flooapi.i~: ~00 Y~.~, soo ¥~r ................................................................. Environmental FirstSearch .5 Mile Radius ASTM-05: Multiple Databases 36450 ROUTE 48 , SOUTHOLD NY 11971 Source: 2005 U.S. £~nsua FIGER Files ldentif~dSit~.MultiplcSlte,.R~c~ptor .......................................................... [] Ill Ii Floodplains: 100 Year, ~00 Year ................................................................. ~ ~ Environmental FirstSearch .25 Mile Radius ASTM-05: Multiple Databases 36450 ROUTE 48 , SOUTHOLD NY 11971 Source: 2005 U.S. Census FIGER Files T~rget Sit~ (L~titude: 41.052256 Longitude: -72.456608) ............................. ~ F loodpl~ins: 100 Year, 500 Year 0 180 360 N 720 1,080 1,440 Feet Soil Survey United States Department of Agriculture N Freshwater Wetlands Map New York State Department of Environmental Conservation 0 255 510 N ,530 2,040 Feet Tidal Wetlands Map New York State Department of Environmental Conservation C Suffolk County Department of Health Services Water Table Contours and Location of Observation Wells In Suffolk County, New York March 2002 Approximate Scale: 1"=1 mile CLEARS Study Map P U B L I C H E A R I N G Southold Town Board - Letter Board Meetifig of Au-gust 26, 2008 RESOLUTION 2008-798 ADOPTED Item # DOC ID: 4175 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-798 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 26, 2008: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ September 9~ 2008~ at 7:34 p.m, Southold Town Hali~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on properW, owned by the Estate of Eugene L. Wesnofske (Eugene Wesnofske and Chrystal Wesnofske~ as contract vendees). Said property is identified as part of SCTM #1000-69-4-8.1. The address is 36450 County Road 48 in the A-C zoning district and is approximately 960 feet west of North Road By-Pass in So. uthold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 6.2326± acres (subject to survey) of the 8.0726± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner/contract vendees. The purchase price is $68,000 (sixty-eight thousand dollars) per buildable acre for the 6.2326± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated August 27, 2008 Page 18 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, September 9, 2008~ at 7:34 p.m, Southold Town Hall~ 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by the Estate of Eugene L. Wesnofske (Eugene Wesnofske and Chrystal Wesnofske~ as contract vendees). Said property is identified as part of SCTM #1000-69-4-8.1. The address is 36450 County Road 48 in the A-C zoning district and is approximately 960 feet west of North Road By-Pass in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 6.2326± acres (subject to survey) of the 8.0726± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner/contract vendees. The purchase price is $68,000 (sixty-eight thousand dollars) per buildable acre for the 6.2326± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: August 26, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON SEPTEMBER 4, 2008, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Land Preservation Town Clerk's Bulletin Board Town Attorney SOUTHOLDTOWN BOARD PUBLIC HEARING September 9, 2008 7:34 PM This hearing was opened at 8:06 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski Councilman William Ruland Councilman Vincent Orlando Town Clerk Elizabeth Neville Town Attorney Patricia Finnegan COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ September 9~ 2008~ at 7:34 p.m., Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by the Estate of Eugene L. Wesnofske (Eugene Wesnofske and Chrystal Wesnofske, as contract vendees). Said property is identified as part of SCTM #1000-69-4-8.1. The address is 36450 County Road 48 in the A-C zoning district and is approximately 960 feet west of North Road By- Pass in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 6.23264- acres (subject to survey) of the 8.07264- acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner/contract vendees. The purchase price is $68,000 (sixty-eight thousand dollars) per buildable acre for the 6.23264- acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Wesnofske DRE 2 September 9, 2008 I have a notice here that this has appeared on the Town Clerk's bulletin board outside, it has appeared as a legal in the local newspaper. I have a notice, a memo here dated July 14th from Mark Terry, the principal planner and the LWRP coordinator and the relevant sentence is 'based upon the information provided on the LWRP consistency assessment form submitted to this department, as well as records available to me, it is my recommendation that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP.' I have a short environmental assessment form, all filled out for the project and signed and I believe that is all the information in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular preservation? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, I am Melissa Spiro, Land Preservation Coordinator. As noted, this public heating is for the town acquisition of development fights easement on just over 6 acres of active farmland. The total property is 8 acres within an existing residential dwelling and several accessory buildings. The landowner is excluding the dwelling and accessory buildings from the easement, for those of you that can see, the excluded areas as shown on the aerial map. The farm is currently owned by an estate and it is farmed by a family member, Eugene Wesnofske. Eugene is the contract vendee, who will be purchasing the property from the estate. Eugene is an active, traditional farmer. He farms the property, in addition to farming property across the street, County Route 48. He runs a farm stand on the property and he is purchasing the property so that he can continue to farm. Although the farm is small, it is all prime agricultural soils and it contributes to the rural characteristics of the town. There are approximately 170 preserved farmland acres to the south of the property, across on the other side of the railroad tracks and there is 35 acres directly across County Route 48. The farm contributes to the scenic view shed on CR 48 and the Land Preservation Committee requires that an agricultural structure area, to be located behind the existing dwelling and barn, to ensure the protection of the scenic view shed. The property has been before the committee for quite a while, as the family has worked through some estate issues. The committee is glad that the issues have been resolved and that the town, the estate and the contract vendee can move forward with the preservation of this important farmland and that the farm can remain in active production. The committee and I thank the estate and Eugene for preserving this important farmland and both the committee and I recommend that the Town Board proceed with this purchase. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody like to come up and address the Board on this particular hearing? COUNCILMAN WICKHAM: Is there anybody from the family here? (No response) This hearing was closed at 8:10 PM. Elizabeth A. Neville Southold Town Clerk S E R E S 0 L U T I 0 N Southold Town Board - Letter Board Meeting of September 9, 2008 RESOLUTION 2008-867 ADOPTED Item # DOC ID: 4203 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-867 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 9, 2008: WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by the Estate of Eugene L. Wesnofske (Eugene Wesnofske and Chrystal Wesnofske as contract vendees) pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-69-4-8.1. The address is 36450 County Road 48 in the A-C zoning district and is approximately 960 feet west of North Road By-Pass in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 6.2326± acres (subject to survey) of the 8.0726± acre parcel. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner/contract vendee. The purchase price for the easement is $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated September 12, 2008 Page 42 617,20 Appendix C State Eevironmentel Quality Review SHORT ENV~RONMEfll'AL A~$E~MEI~r FORM For UNLLSTED AC1/ONS Only PART Z-PRO.1ECT ZNFORMAT~ON (To be completed by Applicant OR Project) Page 1 of 2 1. APPlICANT/SPONSOR: Southold Town Board 3. PRO3ECT LOCAl/ON 4. PRECISE LOCATION: (Street address and road Intersections, prominent landmarks, etct or provide map} 5. IS PROPOSED ACT/ON: New [] Expansion [] Modification 7. AMOUNT OF LAND AFFECTED: ~INITALL¥~ acres ULT~MATELY~, Z'~'~ ~ acres 8. WILL PROPOSED ACT[ON COMPLY WITH EX~SI~NG ZONZNG OR OTHER EX[SI'lNG LAND USE RESTRZCT[ONS? ~ Yes ~ No i£ No, describe briefly 9. WHAT IS PRESENT LAND USE EN V~CINiTY OF PRO3ECTT ~ 7~ Residential ~ Commercia, ~ Industrial-~j~ Agriculture Describe,- Park/Forest/Open space Othel 10, DOES ACT[OH INVOLVE A PERMTF APPROVAL, OR FUNDING, NOW OR ULTZHATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDEICRL~ STATE OR LOCAL)? Yes No if yes, list agency(s) and perm/(/approva/s 11, DOES ANY ASPECT OF THE ACT[ON HAVE A CURRENTLY VAL[D PERMIT OR APPROVAL? F~ Yes r~ No If yes, Ii~f agency(s) and permi(/approva/$ 12. AS RESULT OF PROPOSED ACI~[ON WILL EXISTING PERMZT/APPROVAL REQUIRE MODIFICATION? Yes No PART ~Z-EN.V.,Z.ROflHENTAL ASSESSPlENT (To be completed by Agency) Page 2 of 2 A, DOES Ac'rzoN EXCEED ANY TYPE ! THRESHOLD !N 6 NYCRR, PART 617.47 [] Yesj~ No [fyes o~rdina~e the revlew proca~ and u~e ~he full EAF B. W!LL ACT[ON RECEZVE COORDZNA'I1;O REVZEIN AS PROVIDED FOR UNUSTED ACTIONS !N 6 FIYCRR~'PART 617.67 [] Y ~ "0 If no, a negative dedaratJo, may be .¢J~:~ended by another invoJved agency C. COULD ACT/ON RESULT !N ANY ADVERSE EFFECTS ASSIOCIATED WTrH THE FOLI.OV~NG: (Answers may be handwritten, if legible) £1, Existing air qea]Ib/, surface or groundwater quality or quantity, noise levels, exisfing traffic pet. terns solid waste production or disfios~,~p~)tenfial for erosion, drainage or flooding firoblero? Explain bdefl¥: C2. ^est~efic, agricultural, archaeological, historic or other natural or cultural resources; or coromunlty or neighborhood character? Explair~,b]-iefiy: C3. Ve~g~tation or fauna fishes shellfish, or wildlife species, significant habitats or threatened or endangered specles~ Explain briefly. C4. A community's existing plans or goals as offidally adopted, or change in use or intensity of use of land or other natural resources? Expla~.~efly: C$. G~)w~, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Lop ~erm, short term~ cumulative, or other effects not identified in CI-C5? Explain briefly: C7. Other impacts (including changes in use of either quantity of type of energy)? Explain briefly: D. WILL THE PRO3ECT HAVE AN ]~PIPACT ON THE EflV[RONMENTAL CHARACTER/CS THAT CAUSED THE ESTABLISHMENT OF A CEA? ~ Y~sj~ No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENT[AL ADVERSE ENVIRONMENTAL IMPACTS? PART I[[- DETERMINATION OF SIGNIFICANCE (To be completed by Ageocy) [NSTRUCTiON£: For each adverse effect identified above, detem~ine whether it is substantial, large, or otherwise significant. Each effect should be a~sessed in connection with its (a) setting (i.e. urban or rural); probability of occurring; (c) duration; (dO irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain suffident detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of part it was checked yes, the determination and significance must evaluate the potanfial impact of the proposed a~ion on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impadcs, which may occur. Then proceed directly to the FULL ENViRONMETNAL ASSESSMENT FORM and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on aLtachments as necessary, the reasons supporting this determination: P U R C H A S E R E S O L U T I O N RESOLUTION 2008-874 ADOPTED DOC ID: 4204 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-874 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 9, 2008: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by the Estate of Eugene L. Wesno£ske (Eugene Wesnofske and Chrystal Wesnofske, as contract vendees) on the 9th day of September, 2008, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM Itl 000-69-4-8.1. The address is 36450 County Road 48 in the A-C zoning district and is located approximately 960 feet west of North Road By-Pass in Southold, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 6.2326± acres (subject to survey) of the 8.0726± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner/contract vendees; and WHEREAS, the purchase price for the easement is $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Resolution 2008-874 Board Meeting of September 9, 2008 Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development fights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by the Estate of Eugene L. Wesnofske (Eugene Wesnofske and Chrystal Wesnofske~ as contract vendees) pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-69-4-8.1. The address is 36450 County Road 48 in the A-C zoning district and is located approximately 960 feet west of North Road By-Pass in Southold, New York. The development fights easement comprises a part of the property consisting of approximately 6.2326± acres (subject to survey) of the 8.07264- acre parcel. The exact area of the development fights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner/contract vendee. The purchase price for the easement is $68,000 (sixty-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A. Neville Updated: 9/9/2008 2:59 PM by Lynda Rudder Page 2 Resolution 2008-874 Board Meeting of September 9, 2008 Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Kmpski Jr., Wickham, Evans, Russell Updated: 9/9/2008 2:59 PM by Lynda Rudder Page 3 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Town of Southold Town Board / From: Mark Terry, Principal Planner LWRP Coordinator Date: July 14, 2008 Re: Purchase of a development fights easement on property owned by the Estate of Eugene L. Wesnofske (Eugene Wesnofske and Chrystal Wesnofske Location: 960 feet west of North Road By-Pass in Southold, New York SCTM# 1000-69-4-8.1 Zoning District A-C The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 6.2326+ acres (subject to survey) of the 8.0726± acre parcel. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: Patricia Finnegan, Town Attorney Melissa Spiro, Land Preservation Coordinator C L O S I N G S T A T E M E N T CLOSING STATEMENT EUGENE WESNOFSKE, JR. and CHRYSTAL WESNOFSKE to TOWN OF SOUTHOLD Total Development Rights Easement - 6.01437 acres Total Parcel Acreage - 8.08046 acres Reserved Area - 2.0661 acre (90,000 sq ft) Agricultural Structure Area within Easement - 0.8472 acre Premises: 36450 County Road 48, Southold SCTM #1000-69-4-p/o 8.1 Closing took place on Monday, December 8, 2008 at 10:00 a.m., Southold Town Hall Annex Purchase Price of $ 408,977.16 (based upon 6.01437 buildable acres $68,000/buildable acre) disbursed as follows: Payable to Estate of Eugene L. Wesnofske Check #98961 (12~8~08) $ 408,977.16 Expenses of Closing: Appraisals Payable to Carol S. Sweeney, MAI Check #76154 (4/20104) Payable to Carol S. Sweeney, MAI Check #87355 (8/8/06) Payable to Carol S. Sweeney, MAI Check #95452 (4/8/08) Payable to Given Associates, LLC Check #96158 (6/3108) $ 2,000.00 $ 2,8OO.OO $ 2,100.00 $ 2,800.00 Survey Reimbursement Payable to Eugene Wesnofske Check #98964 (12/8/08) *Survey prepared by John C. Ehlers Land Surveyor 3,800.00' Survey of Development Rights Easement Payable to John C. Ehlers Land Surveyor Check #99041 (12/16/08) 1,000.00 Environmental Report (Phase I ESA) Payable to Cashin Associates Check #98209 (10/21/08) 1,200.00 Title Report Payable to Land America Commonwealth Check #98963 (12/8/08) Title insurance policy $ 1804.00 Recording easement & $ 375.00 certified copy 2,179.00 Title Closer Attendance Fee 100.00 Payable to Patricia Fallon $ Check #98962 (12/8/08) Closing Attendees: Scott A. Russell Lisa Clare Kombrink, Esq. Janet Snead, Esq. Ernest Wesnofske Bernadette Taplin James Spiess, Esq. Eugene Wesnofske Chrystal Wesnofske Chrysa Pasqualone, Esq. Patricia Fallon Melissa Spiro Melanie Doroski Joseph H. Gibbons, Esq. Southold Town Supervisor Attorney for Town of Southold Bank Attorney Executor Executrix Attorney for Estate of Eugene L. Wesnofske Seller Seller Attorney for Sellers Title Company Closer Land Preservation Coordinator Land Preservation Sr Administrative Asst Interested Party for Estate TOWN OF SOUTHOLD VENDOR 001030 ESTATE OF EUGENE L WESNOFSKE 12/08/2008 CHECK 98961 FUND & ACCOUNT P,O.~ INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 TBR874 120808 PI/RCHASE-6.01437 ACRES 408,977.16 TOTAL 408,977.16 CAROL S. SWEENEY, MM 127 Swan Lake Drive Patchogue, New York 11772 Phone and Fax (631) 654-0030 March 31, 2004- Ms. Melissa A. Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 RE: Fee for Appraisal Services - Wesnofske, Taplin, Smith S.C.T.M #1000 - 69 - 4 - 8.1 (part of) Complete Appraisal of Development Rights on Real Property located at S/S North Road, Southold, NY ...................................................... $2,000.00 TOTAL I~F. AMOUNT DUE .................................. $ 2,000.00 GL108S 20 TOWN OF SOUTHOLD View I ** Actual Hi Vendor.. 019840 SWEENE¥, MAI/C~OL Y=Select JE Date Trx. Date Fund Account ,, 12/02/2003 ~ 4/20/2004 8/10/2004 7/19/2005 4/25/2006 8/08/2006 9/11/2007 2/12/2008 4/08/2008 ............................. Begi 9/23/2003 9/23/2003 H3 .600 12/02/2003 H3 .600 4/20/2004 H3 .600 8/10/2004 H3 .600 7/19/2005 H3 .600 4/25/2006 H3 .600 8/08/2006 H3 .600 9/11/2007 H2 .600 2/12/2008 H2 .600 4/08/2008 H3 .600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-04202004-235 Line: 432 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 4/20/2004 SDT 4/21/04 : : Trx Amount... 2,000.00 : : Description.. APPRAISAL-WESNOFSKE/OTHR : : Vendor Code.. 019840 : : Vendor Name.. SWEENEY, MAI/CAROL S. : : Alt Vnd.. : : CHECK ........ 76154 SCNB : : Invoice Code. 033104 : : VOUCHER ...... : : P.O. Code .... 12079 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 4/20/2004 : : Date Cleared. 6/30/2008 : : F3=Exit F12=Cancel : : : CAROL $. SWEENEY, MM Professional Real Estate Appraiser 127 Swan Lake Drive Patchogue, New York 11772 Phone and Fax (631) 654-0030 July 19, 2006 Ms. Melissa A. Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 RE: Fee for Appraisal Services - Town of Southold Land Preservation Owner: Wesnofske, Taplin & Smith S.C.T.M. #1000 - 69 - 4 - 8.1 (part or') 36450 Route 48, Southold Appraisal of Development Rights on 7.19+ Acres of Tax Lot 8.1; Located on the southerly side of North Road (C.R. 48), Southold, Town of Southold, Suffolk County, NY .................................................... $ 2,800.00 TOTAL FEE AMOUNT DUE ................................... $2,800.00 GL108S 20 TOWN OF SOUTHOLD View I ** Actual Hi Vendor.. 019840 SWEENEY, MAI/CAROL Y=Select - JE Date Trx. Date Fund Account ............................. Begi 9/23/2003 9/23/2003 H3 12/02/2003 12/02/2003 H3 ,, 4/20/2004 ,, 8/10/2004 . . 7/19/2005 4/25/2006 8/08/2o06 .. 9/11/2007 .. 2/12/2008 .. 4/08/2008 4/20/2004 H3 8/10/2004 H3 7/19/2005 H3 4/25/2006 H3 8/08/2006 H3 9/11/2007 H2 2/12/2008 H2 4/08/2008 H3 600 600 600 600 600 600 600 600 600 600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquir~ by Vendor Name .............. Detail--GL100N .............. : W-08082006-578 Line: 364 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... : Trx Amount... : Description.. : Vendor Code.. : Vendor Name.. : Alt Vnd.. : CHECK ........ 87355 SCNB 8/08/2006 SDT 8/04/06 2,800.00 APPRAISAL-WESNOFSKE PROP 019840 SWEENEY, MAI/CAROL S. : Invoice Code. 071906 : VOUCHER ...... : P.O. Code .... 15929 : Project Code. : Final Payment F Liquid. : Type of 1099. M BOX. 07 : Fixed Asset.. ¥ : Date Released 8/08/2006 : Date Cleared. 6/30/2008 Addl. : F3=Exit F12=Cancel : CAROL S. SWEENEY, MAI Professional Real Estate Appraiser 127 Swan Lake Drive Patchogue, New York 11772 Phone and Fax (631) 654-0030 March 25, 2008 Ms. Melissa A. Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee Town Hall Annex 54375 State Route 25 Southold, N.Y. ! 1971 RE: Fee for Appraisal Services - Revised and Updated Appraisal Tax Map # 1000 - 69 - 4 - 8.1 (Part Ot) Owners: Wesnofske, Taplin & Smith Valuation of Development Rights Easement on 6.23 Acres of Vacaht Farmland Located on S/S North Road Peconic, Town of Southold, Suffolk County, NY .................................................... $ 2,100.00 TOTAL FEE AMOUNT DUE ................................... $2,100.00 GL108S 20 TOWN OF SOUTHOLD View i ** Actual Hi Vendor.. 019840 SWEENEY, MAI/CAROL Y=Select JE Date Trx. Date Fund Account ............................. Begi 9/23/2003 9/23/2003 .3 .600 12/02/2003 12/02/2003 H3 .600 4/20/2004 4/20/2004 H3 .600 8/10/2004 8/10/2004 H3 .600 7/19/2005 7/19/2005 H3 .600 4/25/2006 4/25/2006 H3 .600 8/08/2006 8/08/2006 H3 .600 9/11/2007 9/11/2007 H2 .600 2/12/2008 2/12/2008 H2 .600 4/08/2008 4/08/2008 H3 .600 Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-04082008-244 Line: 416 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 4/08/2008 SDT 4/04/08 : : Trx Amount... 2,100.00 : : Description.. APPRAISAL-WESNOFSKE : : Vendor Code.. 019840 : : Vendor Name.. S~EENEY, M~I/CAROL S. : : Alt Vnd.. : : CHECK ........ 95452 SCNB : : Invoice Code. 032508 : : VOUCHER ...... : : P.O. Code .... 18241 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 4/08/2008 : : Date Cleared. 6/30/2008 : : F3=Exit F12=Cancel : _GIVEN ASSOCIATES ~j5.148 Route 111 / PO Box 5305 auppauge, NY 11788 631-360-3474 Fax 631-360-3622 Bill To 1 Town of Southold P.O. Box 1179 Southold NY 11971-0959 Invoice Date Invoice # 5/20/2008 550 Please make check payable to: GIVEN ASSOCIATES, LLC I File No. Terms 2008105 Appraisal of Real Property of Wesnofsk~. et al Located 36450 C.R. 48 Peconic, NY S.C.T.M. #1000-694-8.1 Due upon Receipt Description Amount 2,800.00 GL108S 20 TOWN OF SOUTHOLD View i ** Actual Hi Vendor.. 007416 GUgEN ASSOCIATES LL Y=Select - JE Date Trx. Date Fund Account .. 1/02/2008 1/02/2008 H2 .600 ,, 3/25/2008 3/25/2008 H3 .600 ,, 3/25/2008 3/25/2008 H3 .600 4/08/2008 4/08/2008 H3 .600 ~ 6/03/2008 6/03/2008 H2 .600 9/23/2008 9/23/2008 H3 .600 ii 11/18/2008 11/18/2008 H3 .600 ......................... Use Acti 1/02/2008 1/02/2008 H2 .600 F2=Shift Up F3=Exit F10=Prev View lect Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-06032008-699 Line: 103 Formula: 0 : : Account.. H2 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 6/03/2008 SDT 6/02/08 : : Trx Amount... 2,800.00 : : Description.. APPP~%IS~.L-WESNOFSKI : : Vendor Code.. 007416 : : Vendor Nme.. GIVEN ASSOCIATES LLC : : Alt Vnd.. : : CHECK ........ 96158 SCNB : : Invoice Code. 550 : : VOUCHER ...... : : P.O. Code .... 18250 : : Project Code. : : Final Palnment F Liquid. : : T~pe of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 6/03/2008 : : Date Cleared. 6/29/2008 : : F3=Exit F12=Cancel : : : TOWN OF SOUTHOLD VENDOR 023250 EUGENE WESNOFSKE 12/08/2008 CHECK 98964 FUND & ACCOUNT P.O. # INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 120808 SURVEY COST REIMBURSEMNT 3,800.00 TOTAL 3,800.00 JOHN C. EHLERS LAND SURVEYOR 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax: 631-369-8287 Invoice 12/12/2008 2006965 Bill To Town of Southold Dept. of Land Preservation Town Hall Annex Southold, NY 11971 Your Client Wesnofsky Date of Service 12/12/2008 12/12/2008 Description Survey update of property previously surveyed for Wesnofsky Map preparation of survey for land preservation ~ 108S 20 TOWN OF SOUTHOLD View I ** Actual Hi Vendor.. 005322 EHLERS/JOHN C. Y=Select - JE Date Trx. Date Fund Account Acti ......................... Use ,, 12/19/2006 12/19/2006 H3 .600 .. 3/13/2007 3/13/2007 H3 .600 .. 5/08/2007 5/08/2007 H2 .600 . . 7/03/2007 7/03/2007 H2 .600 . . 9/11/2007 9/11/2007 H2 .600 . . 4/08/2008 4/08/2008 H3 .600 6/03/2008 6/03/2008 as .600 11/18/2008 11/18/2008 H3 .600 ~ 12/16/2008 12/16/2008 H3 .600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code SCTM# 1000-69-4~.1 My Job # 05245 Amount 500.00 500.00 Disburs InquizybyVendor Name .............. Detail--GL100N .............. : W-12162008-453 Line: 114 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 12/16/2008 SDT 12/16/08 : : Trx Amount... 1,000.00 : : Description.. SURVEY-WESNOFSKE : : Vendor Code.. 005322 : : Vendor Name.. EHLERS/JOHN C. : : Alt Vnd.. : : CHECK ........ 99041 SCNB : : Invoice Code. 2006965 : : VOUCHER ...... : : P.O. Code .... TBR874 : : Project Code. : : Final Payment P Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 12/16/2008 : : Date Cleared. : : F3=Exit F12=Cancel : : : - ashin A tes, P.O. Melanie Doroski Town of Southold PO Box 1179 Southold NY 11971 October 2, 2008 Project No: 8003.037 Invoice No: 0019066 Phase I Environmental Site Assessment for property located at 36450 Route 48, Southold, NY SCTM No. 1000-69.~4-8.1 Professional Services: Au,qust 30, 2008 throu~lh October 2, 200~ Fee 1,200.00 Total this Invoice $1,200,00 GL108S 20 TOWN OF SOUTHOLD View I ** Actual Hi Vendor.. 003079 CASHIN ASSOCIATES, Y=Select - JE Date Trx. Date Fund Account ............................. Begi 10/21/2008 10/21/2008 ~3 .600 10/21/2008 10/21/2008 H3 .600 =Shift Up F3=Exit F10=Prev View lect Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-10212008-978 Line: 73 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 10/21/2008 SDT 10/20/08 : : Trx Amount... 1,200.00 : : Description.. PHASE I ESA-WESNOFSKE : : Vendor Code.. 003079 : : Vendor Name'.. CASHIN ASSOCIATES, P.C. : : Alt Vnd.. : : CHECK ........ 98209 SCNB : : Invoice Code. 0019066 : : VOUCHER ...... : : P.O. Code .... 18896 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. N BOX. Addl. : : Fixed Asset.. Y : : Date Released 10/21/2008 : : Date Cleared. 10/31/2008 : : F3=Exit F12=Cancel : : : CO~dOIvwKALTH LAND TITLE INSURANCE COMPANY 185 Old Country Road, P. O. Box 419, Riverhead, New York 11901 631-727.TT60 fax 631-727-7818 COW AaE · ~ ~T V~ ~ER IOnflo~ P~M MORTGAGE ~S~CE ~GE P~M~ E~O~E~: En~nmen~l Waiver of Arbl~fiou ~ldenfl~ Adjus~ble ~te ~der N~ YO~ STA~ ~S~SION T~ MOR~AGE T~ ~o~) MORTGAGE T~ ~o~agoO CO~ P~ERVA~ON S~Y ~SPE~ION DEPOSAL S~ ~ ~PORT ~OW DEPOS~ ~ROW D~ff ~E ~U~ S~CH PA~ ~CO~G ~: ( ( ) SA~FA~ON(~ ( ) MORTGAGE(~ ( ) ~N~L~A~ON, E~NSION & MOD~ICA~ON AG~E~(S) ( ) MORTGAGE ()~Za~(S) CLOSER CHARGES, IF ANY: PICR~ C~'~, PATRICIA L. FALLON IITLE CLO~ER TOWN OF $OUTHOLD VENDOR 003350 LANDAMERICA*COMMONWEALTH 12/08/2008 C~ECK 98963 FUND & ACCOUNT P.O. # INVOICE DESCRIPTION AMOUNT H3 .8660.2.6007100 120808 N3 .8660.2.600.100 18895 120808 TITLE POLICY-WESNOFSKE 1,804.00 REC EASEMENT-WESNOFSKE 375.00 TOTAL 2,179.00 TOWN OF SOUTHOLD VENDOR '006013 PATRICIA FALLON FUND & ACCOUNT P. O. g INVOICE H3 .8660.2 . 600.10i0 TBR874 120808 12/08/2008 CHECK 98962 DESCRIPTION AMOUNT TITLE CLOSER-WE~NOFSKE 100.00 TOTAL 100.00 R E C O R D E D E A S E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT N~m~er of Pages: 19 Receipt Nl~m~er : 08-0117966 TRANSFER TAX NUMBER: 08-11107 District: 1000 ~eed Amount: Recorded: At: LIBER: PAGE: Section: Block: 069.00 04.00 EXAMINED AND CHARGED AS FOLLOWS 12/11/200B 01:43:52 PM D00012574 702 Lot: 008. 008 Received the Following Fees For Above instrument Exempt Page/Filing $95.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $12.35 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 08-11107 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $20.00 $11.oo $0.00 $30.00 $0.00 $182.35 Exempt NO NO NO NO NO Judith A. Pascale County Clerk, Suffolk County JAN - 8 2009 DEP1. OF LAND PRESERVATION Number ofpag~s ' TORRENS Certificate #. Deed / Mortgage hlstnml~t TP-584 ~. No~fion ~-52 ~? (~) EA-Ii217 (State) RECORDED 2008 Dec 11 01:43:52 PM Judith R. Pascale CLERK OF SUFFOLK COUNTY L D00012574 Deed / Mortgage Tax Stamp ~ p~ .m~ Stamps FEES Mo~gage Amt. Comm. of Ed. 1. Basic Tax 2. Additional Tax SpecJAssiL Or Spec./Add. TOT. HTG* 'r~ ' Dual Town ~t ~un~ . ~ ~..~ ~dfor.~p~onm~t ~ Mansion Tax -The property covered by this mortgnge is or . . /' .,.~ ~..-="' I will be improved by a one or two family ~C su~r~ (.,~c~, ~ / dwelUn~ o.ly. ' ' ' 1000 06900 0400 008008 Consideration Amount $ Date lnitials j Sat is factions/Di~harg~/Releas~ L~t prol~rty Owners Mailing Addr~ RI~CORI) & RETURN TO: ~z~.~, M'c/ 1/q7 / ~ Title Company ~pfm:mati°n Suffolk' County Recording& Endorsement Page This page forms part of fl~e ~P~,'~F, ed ~'",~15 ~ iq'~. C ,~-I~. madc by: (SPEOFY TYPE OF IHS'IRUMENY ) '; · SU~OI~COUNr~,N~W¥O~ TO $ Improved __ Vacant Land TD TD TD T~ premises l~in is situ~l in In the Town~hlp of ff~)'~01J In the VII. J.3tGE or HAMLET of GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS ~i~2k-NT OF DEVELOPMENT RIGHTS EASEMENT, is made on the ~ day of December, 2008 at Southold, New York. The parties are EUGENE WESNOFSKE, .lr. residing at 4270 Bridge Lane, Cutchogue, New York 11935 AND CHRYSTAL WESNOFSKE, residing at 36450 County Road 48, Peconic, New York 11957 (herein collectively called "Grantors"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (herein call "Grantee"). INTRODUCTION WHEREAS, Grantors are the owners in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SC-TM #1000-69-4-8.1 more fully described in SCHEDULE "A" attached hereto and made a part hereof and hereinafter referred to as the "Property" and shown on the survey prepared by .lohn C. Ehlers Land Surveyor, dated December 1, 2008 (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"; and WHEREAS, the Property is located in the A-C Zoning Disl~rict of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantors wish to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used for row crops; and WHEREAS, it is the policy of the Town o~ Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any development; and WHEREAS, Grantors and Grantee recognize the value and special character of the region in which the Property is located, and Grantors and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantors, for themselves and their successors and assigns, to grant a Development Rights Easement to Grantee !n order to restrict the further development of the Property while perfhitting compatible uses thereof; ~ NOW THEREFORE, in consideration of FOUR HUNDRED EIGHT THOUSAND-NINE HUNDRED SEVENTY-SEVEN AND SIXTEEN 100/00 DOLLARS ($408,977.16) and other good and valuable consideration paid to the Grantors, the receipt of which is hereby acknowledged, the Grantors do hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantors, their legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantors, for themselves, and for and on behal;' of their legal representatives, successors and assigns, hereby covenant and agree as follows: 0.01 Grantors' Warranty Grantors warrant and represent to the Grantee that Grantors are the owners of the Property described in Schedule "A", free of any mortgages or liens, except as set forth in Land America Commonwealth Title Report No. RH083Q1034, and that Grantors possess the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantors that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests In land, including development rights, easements, covenants, andother contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic and agricultural values of the Property and have the common purpose of preserving these values. This instrument is intended to convey a Development Rights Easement on the Property by Grantors to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental~ scenic, agricultural and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 2 0.04 Governmental Recoonition New ~'¢k~State has recognized the importance of private efforts to pr~eserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantors and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantors' cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a survey prepared by .lohn C. Ehlers Land Surveyor, dated December 1, 2008, a Phase 1 Environmental Site Assessment dated October 2, 2008 by Cashin Associates, P.C., an aerial photograph of the Property, and maps on file with the Town Land Preservation Department. Grantors and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantors' uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement, including agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(i) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now or as such Laws and/or Code may be amended. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, nursery mats, or fencing used in connection with bonafide agricultural production, including without limitation fencing to keep out predator animals. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantors, Grantors' agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantors" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantors and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantors" or ~Grantee" when used herein shall include all of those persons or entities. .ARTICLE TWO SALE GRANTORS, for FOUR HUNDRED EIGHT THOUSAND-NINE HUNDRED SEVENTY-SEVEN AND SIXTEEN 100/00 DOLLARS ($408,977.16) and such other good and valuable consideration, hereby grant, release, and convey to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantors. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee ("Land Preservation Committee") and other applicable provisions of the Town Code and 4.06 of this Easement. 3.02 Excavation and Removal of Materials; Mininq The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property or in connection with necessary drainage or soil conservation programs, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed, except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, or in connection with normal agricultural/horticultural activities, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or § 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law. 3.04 Dumpinq The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices, including fertilization, composting and crop removal. 3.05 Siqns The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantors, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses Except for uses specifically permitted by this easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the Agriculture and Markets Law, now or as such Laws and/or Code may be amended, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices. 3.09 Drainaqe The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Development Riqhts The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantors hereby grant to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. 6 ARTICLE FOUR GRANTORS' RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantors shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantors shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantors shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, State, or federal law. Grantors shall have the right to use the Property for uses, Improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument. 4.04 Landscapinq Activities Grantors shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantors shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the Property, and to mow the Property. 4.05 Aqricultural Production and Activities Grantors shall have the right to engage in all types of agricultural production as the term is referenced in {}247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(i) of the Agriculture and Markets Law, now or as such Laws and/or Code may be amended. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current w and/or Code. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in §4.06 herein and as permitted by the "[own Code now or in the future on agricultural lands protected by a development rights easement or other instrument. 4.06 Structures A. Allowable Improvements. Grantors shall have the right to erect and maintain the following structures on the Property, as they may be permitted by the Town Code now or as same may be amended and subject to the approval of the Land Preservation Committee, provided the structures are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) Construction of new structures, provided such structures are necessary for or accessory to agricultural production; any new construction as permitted by this 4.06 shall only be located in the "Agriculture Structure Area" shown on the Survey and described in Schedule "B" attached hereto and made a part hereof; (iii) Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural; (iv) Any improvement excluded from the definition of "Structure" in Section :L02. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. No new construction is permitted outside of the Agricultural Structure Area described in this 4.06 C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantors shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantors shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantors shall have the right to convey, mortgage or lease all of their remaining interest in the Property, but only subject to this Easement. Grantors shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting forth the date, office, Ilber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantors from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. .ARTICLE FIVE GRANTORS' OB~GATIONS 5.01 Taxes and Assessments Grantors shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments subject, however, to Grantors' right to grieve or contest such assessment. The failure of Grantors to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantors shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, except those arising solely from Grantee's negligence, arising from injury due to the physical maintenance or condition of the Property caused by Grantors' actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantors' obligations. 5.03 Third Party Claims Grantors shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable'in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Requirement If Grantors leave the Property open and do not engage in agricultural production for two (2) consecutive years, then Grantors shall implement a Natural Resources Conservation Plan (the "Plan") approved by the Land Preservation Committee to maintain or restore the Property to the condition in which it existed on the date of this Easement, as evidenced by the documentation referred to in Section 0.05, in order to protect the environmental, natural, scenic and agricultural values of the Property. In the event Grantors fail to comply with the provisions of this section after reasonable notice is given to Grantors by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to implement the Plan, and to recover the costs of such implementation from Grantors, as provided in Section 6.03. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantors, and in a manner that will not interfere with Grantors' quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.04 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration In addition to Grantee's remedies under Section 5.04, Grantee shall have the right to require the Grantors to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantors shall not be liable for any changes to the Property resulting from causes beyond the Grantors' control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantocs under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Riqhts of Grantee Grantors acknowledge and agree that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantors' part to be observed or performed pursuant to this Easement is not cured by Grantors within ten (10) days notice thereof by Grantee (which notice requirement is expressly waived by Granto[s with l0 respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantors' sole cost and expense and at Grantee's election: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To enforce any term, provision, covenant or obligation in this Easement or to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within l0 days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered or certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantors shall be addressed to Grantors' address as recited herein, or to such other address as Grantors may designate by notice in accordance with this Section 6.04. Nailed notice to Grantee shall be addressed to its principal office recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinquishment/Condemnation At the mutual request of Grantors and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill l! the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. if at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. Tn such event, the Grantors, their successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantors shall be in proportion to the value attributable to the residual agricultural value of the Property and if the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandinq This Easement contains the entire understanding between the parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement may be amended only with the written consent of Grantee and current Grantors and in accordance with all applicable State and local laws. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and with the Purpose of this Easement, and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Tnternal Revenue Code §170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantors to meet the requirements of §170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. 12 7.04 Severabilit¥ Any provision of this Easement restricting Grantors' activities, which is determined to be invalid or unenforceable by a court shall not be invalidated, instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governinq Law New York Law applicable to deeds to and easements on land located within tl~e State of New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement and this Easement shall be interpreted broadly to affect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantors have restricted and limited their right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the property. Grantee may use images of the Property for non-commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the pa~ties in this Easement shall survive its execution. 7.09 Recordinq Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headinqs i3 The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. iN WITNESS WHEREOF, Grantors have executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED; EUGENE WESNOFSKE, JR., Grantor cHRYST~,L WE~NOFS-KE, Grantor ACKNOWLEDGED AND ACCEPTED: S~tt A. Russell Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this ~'~'day of ~1~... in the year 2008 before me, the undersigned, personally appeared ~-~:~7~ ~/./~-~¢~,~:~-,2-~_. personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: PATRICIA L PALLON Notary Public, State Of New NO. 01FA4950146 Qualified In Suffolk County Commission Expires April 24, On this ~/~day of b~- in the year 2008 before me, the undersigned, personally appeared E4z~t/£tT~/-/~V~xf~$K~ personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public 14 PATRICIA L FALLON Notary Public, State Of New York No. 01FA4950146 Qualified In Suholk Ccunty Commission Expiie$ Apdi 24, STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this ~'~/' day of ~, in the year 2008 before mel the undersigned, personally appeared ScoU~ A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public PATRICIA L FALLON Notary Public, State Of New York No. 01 FA4950146 Qualified In Suifolk County Commission Expires April 24, ~// File No: RH08301034 SCHEDULE A - DESCRI'PTZON ("Development Rights Easement Area") ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEG[NNiNG at a point on the southeasterly side of Hiddle Road, C. R. 48, at the northwesterly corner of the premises herein described and also being the following two (2) courses and distances as measured along the southeasterly side of Hiddle Road, C. R. 48 from a monument at the northeasterly corner of land now or formerly of Jay W. Guild, formerly Case: 1. North 59 degrees 27 minutes 30 seconds East, 94.00 feet; and 2. North 58 degrees 31 minutes 00 seconds East, 198.00 feet; THENCE North 58 degrees 31 minutes 00 seconds East, still along the southeasterly side of Middle Road, C. R. 48, 250.10 feet to land now or formerly of Chester L. Ciaglo, .lr.; THENCE along said land now or formerly of Chester L. Ciaglo, Jr., the following four (4) courses and distances: 1. South 31 degrees 05 minutes 13 seconds East, 249.45 feet; 2. North 58 degrees 31 minutes O0 seconds East, 35.00 feet; 3. South 27 degrees 38minutes 50 seconds East, 50.00 feet; and North 58 degrees 31 minutes 00 seconds East, 150.00 feet to land now or formerly of.lohn B. Sepenoski, Jr.; THENCE South Sepenoski, Road; 27 degrees 38 minutes 50 seconds East along said land now or formerly of John B. 252.72 feet to land of the Hetropolitan Transportation Authority - Long Island Rail THENCE South 58 degrees 31 minutes 30 seconds West along said land of The Metropolitan Transportation Authority - Long Island Rail Road, 734.24 feet to land now or formerly of Jay W. Guild, formerly Case; THENCE North 28 degrees 28 minutes 00 seconds West along said land now or formerly of Jay W. Guild, formerly Case, 174.45 feet; THENCE North 60 degrees 03 minutes 36 seconds East, 210.76 feet; THENCE North 23 degrees 41 minutes 05 seconds West, 318.79 feet; THENCE North 58 degrees 31 minutes 00 seconds East, 58.00 feet; THENCE North 31 degrees 29 minutes 00 seconds West, 67.00 feet to the southeasterly side of Middle Road, C. R. 48 and the point or place of BEGINNING. ALTA Owner's Policy (6-17-06) DESCR~MTION - SCHEDULE B ("Agricultural Structure Area within Development Rights Easement Area") ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly line of land now or formerly of 3ay W. Guild, formerly Case, at the northwesterly corner of the premises herein described; said point being also distant South 28 degrees 28 minutes 00 seconds East, 379.24 feet as measured along said easterly line of land now or formerly of 3ay W. Guild, formerly Case, from a monument on the southeasterly side of Middle Road, C. R. 48; RUNNING THENCE North 60 degrees 03 minutes 36 seconds East, 210.76 feet; THENCE South 31 degrees 28 minutes 30 seconds East, 168.56 feet to land of the Metropolitan Transportation Authority - Long Island Rail Road; THENCE South 58 degrees 3:[ minutes 30 seconds West along said land of the Metropolitan Transportation Authority - Long Island Rail Road, 219.84 feet to land now or formerly of .lay W. Guild, formerly Case; THENCE North 28 degrees 28 minutes 00 seconds West, along said last mentioned land, :[74.45 feet to the point or place of BEGINNING. ALTA Owner's Policy (6-17-06) $OHN C. I/I-II.~R~ LAND ~URVBYOR T I T L E P 0 L I C Y Issued by Commonwealth Land Title Insurance Company LandAmerica Commonwealth Co~monwaa,th Land Title insurance Company isa member of the LandAmeflca family of title insurance underwriters. Any notice of claim and any other notice or statement In writing required to be given to the Company under this Policy must be given to the Companyat the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company')insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance. sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedute A. 2. Any defect in or lien or encumbrance on the ~tle. This Covered Risk includes but is not limited to insurance against loss from la) A defect in the Title caused by (ii(l)) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; failure of any person or Entity to have authorized a transfer or conveyance; {!ii/ a document affecting Title cot properly created executed, witnessed, sealed, acknowied[~ed, notarized, or delivered; (~vj failure to perform those acts necessary to create a document by electronic means authonzed by law; ('~(wv) a document executed under a falsified, expired, or otherwise invalid power of attorney; . a document not properly f ed, recorded, or indexed in the Pubhc Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding, vernmental authori-- due or able but un aid lc,bi The en of rea estate taxes or assessments imposed on the Title by a go ty pay , p . Any encroachment, encumbrance, v o ation, variation, or adverse circumstance affecting the T'~e that would be d~asloced by an accurate and complete land suwey of the Land. The term "encroachment' includes encroachments of e~isting Improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unma~etable T~e. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting regulating, prohibiting, or relating to (a) the occupancy, use, or en oyment of the Land; (b) the character, dimensions, or Iocaifon of any improvement erected on the Land; - (c) the subdivision of land; or - (d) environmental protection if a notice describin~ any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the walabon or enforcement referred to n that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the. enfomen?nt action, describing any part of the Land, is recorded in the Public Records, but only to the extent of ttm en. forcement .ref .e, rred_ t.o !n t_hat no!~ce. The exemise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, IS r ..e~o, r .d~d.,m th.e .r'UDIIC NasOroS. il that has occurred and is binding on the rights of a pumhaser for value witnout r, nowmoge. Any taking by a governmental body · Title balng vested other than as stated in Schedule A or being defective la) as a result of the avoidance in whole or in part or from a court order providing an alternative remedy, of a transfer of all or any part of the tit e to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditom' rights lb) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferenifal transfer under federal bankruptcy,, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (7 to pe timely or' (i) to import notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Rsks I through g that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests T'~e as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, the Company has caused this Policy to be signed with the facsimile signatures of its President and Secretary and sealed as required by ifs By-Laws. Attest: COMMONWEALTH LAND TITLE INSURANCE COMPANY ~,'~.,,~ ........... u'aT~, .... 'q,~ff~5~/ President Dbl Cover - ALTA Owner's Policy (06/17/06) Valid only if Schedules A and B are attached Form 1'190-140 ORIGINAL DEC. 8. 2008 12:35PM C'~C RIVERHEAD SCHEDULE A NO. 307 P. 1 File No: RH08301034 ~meunt Of Znsurence: $408,977.16 i)ate of Policy; December 8, 2008 Policy No,; RH0830~.034 :L, Name of Znsured: Town of Southold :L The estate or interest in the land which is covered by this policy: Development Rights Easement 3. Title ~o the estate or interest in the land is vested in: ,: By grant of Development Rights Easement mede by Eugene Wesnorske, 3r. and Chrystal Wesnofske to the :ZNSURED dated 12/8/2008 and to be recorded in the Office of the Clerk of the CRy/Register Suffolk County. The land referred to in this policy is described on the annexed Schedule A - Description. Countemigned :__ Authorized Officer or Agent ALTA Owner's Policy DEC, 8, 2008 i2:35PM RIVERHEAD NO. 307 P. 2 File No: R.HO8303,034 SCHEDULE A - DESCR3.PTLON ("Development Rights Easement Area") ALL that certain plot, piece or parcel of land, situate, lying and being at $outhold, in the Town of ,~;outhold, County of Suffolk and State of New York, bounded and described as follows: ISEGZNN[NG at a point on the southeasterly side of Middle Road, C. R. 48, at the northwesterly ~=rner of the premises herein described and also being the following two (2) courses and distances tis measured along the southeasterly side of Middle Road, C. R. 48 from · monument at the northeesterly comer of land now or formerly of .]ay W. Guild, formerly Case; North 59 degrees 27 minutes 30 seconds East, 94.00 feet; and 2. North 58 degrees 3~. minutes O0 seconds East, 198.00 feet; THENCE North 58 degrees 3:1. minutes O0 seconds East, still along the southeasterly side of Middle Road, C. R. 48, 250.10 feet to land now or formerly of Chester L. Ciaglo, .lt.; THENCE along said lend now or formerly of Chester L. Ciaglo, .Ir., the following four (4) courSes and distances: 1. South 3~. degrees 05 minutes :[3 seconds East~ 249.45 feet; 2. North 58 degrees 31 minutes O0 seconds East, 35.00 feet~ 3. South 27 degrees 38 minutes 50 seconds East, 50.oo ~eet; and 4. North 58 degrees 31 minutes O0 seconds East, 150.00 feet to land now or formerly of3ohn B. Sepenoski, THENCE South 27 degrees 38 minutes 50 seconds East along said land now or formerly of )ohn B. Sepenoskl, 3r., 252.,7Z feet to land of the Hetropolitan Transportation Authority - Long Island Rail Road; THENCE South 58 degrees 31 minutes 30 seconds West along .~aid land al' The Metropolitan Transportation Authority - Long Island Rail Road, 734.24 feet to land now or formerly of .]ay W. Guild, formerly Case; THENCE North 28 degrees 28 minutes O0 seconds West along said land now or formerly of.lay W. Guild, formerly Case, 174,45 feet; THENCE North 60 degrees 03 minutes 36 seconds East, 210.76 feet; THENCE North 2.3 degrees 41 minutes 05 seconds West, 318.79 feet; THENCE North 58 degrees 31 minutes O0 seconds East, 58.00 feet; THENCE North 31 degrees 29 minutes O0 seconds West, 67.00 feet to the southeasterly side of Hiddle Road, C. R. 48 and the point or place of 5EGINN[NG. ALTA Owne~$POli~y(6-17-06) SCHEDULE B - DESCRIPTION ("AgH~ultura! Structure Area within Development Rights Easement Area') ALI. that certain plot, piece or parcel of land, situate, lying and being at Peconlc, in the Town of SouthoIdt Cejnty of Suffolk and State of New York, bounded and described as follows: BI~;[NN[NG at a point on the easterly line of land now or formerly of .lay W. Guild, formally Case, at the nm~hwesterly corner of the premises herein described; said pOint being also distant South 28 degrees 28 mlitutes O0 seconds East, 379.24 feet: as measured along said easterly line of' land now or formerly of ]ay W. Gmld, formerly Case, from a monument on the southeasterly side of Middle Road, C. IL 48; RUNNING THENCE North 60 degrees 03 minutes 36 seconds Eest~ 2[0.76 feet; TH ;NCE South 31 degrees :28 minutes 30 seconds Eestf [68.56 feet to land Of the MetropOlitan Transportation A~:llorlty - Long Island Rail RJ~ad; TH -:NCE SOUth 58 degrees 3[ minutes 30 seconds West along sald land of the Metmpoliten Transportation Atr:hority - Long Island Rail Road, 2;[9.84 feet to land n~w or formerly of .lay W. Guild, formerly Case; TH ~NCE North 28 degrees 28 minutes O0 seconds West, along said last mentioned land, [74.45 feet to the point or ~lace of BEGZNNING. ALTA Owner's Policy File No: RH08301034 SCHEDULE B EXCEPTt'ONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of the following: 1. Receipt and Release in Liber 6369 page 161. Tax search covers premises and more and is subject to apportionment. Survey made by .lohn C. Ehlers Land Surveyor dated December 1, 2008 shows premises improved by a ~. story frame building and garage; a) Two detached frame garages; b) Truck body; c) Three barns; d) Farm stand and truck body; e) Dirt roadway that enters onto adjoining premises West; f) Utility pole situated on premises. No other variations or encroachments shown. Company will NOT insure that access over that portion of the dirt roadway that enters onto adjoining premises. ALTA Owner's Policy (6-17-06) LandAmerica Commonwealth File No: RH08301034 STANDARD NEW YORK ENDORSEMENT (OWNER'S POL/CY) AI-rACHED TO AND MADE A PART OF POLZCY NO. RH08301034 ZSSUED BY COMMONWEALTH LAND TZTLE ZNSURANCE COMPANY 1. The following is added as a Covered Risk: "11. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. ZN WZTNESS WHEREOF~ the Company has caused this Endorsement to be signed with the facsimile signatures of its President and Secretary and sealed as required by its By-Laws. Dated: December 8, 2008 Countersigned: Authorized Officer or Agent Commonwealth Land Title Znsurance Company ...~,~%~,... ...... ?-~,~?... By: President End. - Standard New York (511107) Rev. 11/01/08 FOR USE WITH ALTA OWNER'S POLICY (6-17-06) S U B O R D I N A T I O N A G R E E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Ty~e of Instrument: AGREEMENT N~m~er of Pages: 5 Receipt N~mBer : 08-0117966 District: 1000 ~eceived Recorded: At: LIBER: PAGE: Section: Block: 069.00 04.00 EXAMINED AND CHARGED AS FOLLOWS the Following Fees For Above Instrument Exempt Page/Filing COE Affidavit Cert. Copies $25.00 NO Handling $5.00 NO NYS SRCHG $0.00 NO Notation $5.20 NO RPT Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 12/11/2008 01:43:52 PM M00021774 680 Lot: 008.006 Exempt $20.00 NO $15.00 NO $0.50 NO $30.00 NO $100.70 Number of pages Serial # Certificate Prior Cfi. # ? TORRENS 31 Deed. Mortgage Instrument Deed / Mortgage Tax Stamp Page / Filing Fee Handling TP-584 Notation ~'~ EA-5217 (County) EA-5217 (State) Comm. blEd 5, 00 Reg. Copy Other lO00 06900 0400 008006 ' ubTot ' 4C O .dTo , [00.70 T 4 [District Real Property ' Tax Service Agency Verification Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec. / A~sit. or Spec. I Add. TOT. MTG. TAX Dual Town Dual Coun~ Held for Appointment Transf~ Tax Mansion Tax The property covered by this motgage or will be improved by a one or two family dwelling only. YES or NO If N0. see appropriate tax clause on tage# of this instrument. 5 Community Preservation Fund Co'nsideration Amount $. 6I SatisfacfiovdDischarges/Ralease List Ownera Address Progeny Mailing R~CORD & RE'I~RN TO: fO. Box q 3q~ CPF Tax Duc $ Impmvvat __ VacfintLand f/~-~r~aj /~ / //~/ 7l Title Company Information COMMO~ALTla sUffolk COunty Recording & EndOrsement Page This page forms part of the attached TO (SPECIFY ~PE OF ~S~ %e pre,sis herein is situated in S~OLK coup. ~w YO~. In ~c Township of ~ ~ made by: BOXES 6 THROUGH 8 MUST BE TYPED OR PR2NTED IN BLACK INK ONLY PPdOR TO RECORDING OR F]LLNG. (over) SUBORDINATION AGREEMENT THIS AGREEMENT made this 8*h day of December, 2008 between SUFFOLK COUNTY NATIONAL BANK, A New York Banking Corporation with offices at 4 West Second Street, Riverhead, New York 11901, party of the First Part, and TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its principal office at 53095 Main Road, Southold, NY 11971, party of the Second Part, W1TNESSETH: WHEREAS, the party of the First Part now owns and holds the following mortgage and the bond or note secured thereby: Mortgageqkdated December 8, 2008, made by Eugene Wesnofske, Jr. arid Chrystal We snofske, to secure the principal sum of $375,000, which mortgage was-{~.~z., on December 8, 2008, in Liber __., page.__in the Office of the Clerk of the County of Suffolk. ~tt g ~/~. ~, /~e c ,o ./,ooo,.d -C r /~ ,., L T~e o vJ () WHEREAS, Eugene Wesnofske, Jr. and Chrystal Wesnofske, residing at 4270 Bridge Lane, Cutchogue, NY 11952 and 36450 County Road 48, Peconic, NY 11958, respectively, the present owners of the premises hereinafter mentioned and described in said mortgage are about to execute and deliver to said party of the Second Part, a Grant of Development Rights Easement conveying and granting an easemen'tl~upon a portion of the mortgaged premises described in Schedule "A" annexed hereto; and also described in said easement; and NOW, THEREFORE, in consideration of the premises and to induce said party of the Second Part to accept said easement and also in consideration of one dollar paid to the party of the First Part, the receipt whereof is hereby acknowledged, the said party of the First Part hereby covenants and agrees with said party of the Second Part that said mortgage held by the party of the First Part be and shall continue to be subject and subordinate in lien to the lien of said Grant of Development Rights Easement dated December 8, 2008, about to be delivered by Eugene Wesnofske, Jr. and Chrystal Wesn,ofske toJ~he party of Second Part heret,,o, and to b,e, recorded in the Suffolk County Clerk s Office*simultaneously herewith (the Easement ). The Easement consists of the limitations, agreements, covenants, use, restrictions, rights, terms, and conditions set forth therein, intended to restrict further development of the property while permitting use of the property for agricultural production and compatible uses thereof as set forth in said Easement. The party of the First Part shall notify the party of the Second Part in writing if the owners of the premises default under the mortgage and the bond or note referenced herein and the party of the First Part commences a mortgage foreclosure action. Said notice shall be delivered upon the commencement of a foreclosure action, by certified mail, return receipt requested, or by overnight mail service, addressed to Town Clerk, Town of Southold, P.O. Box 1179, 53095 Main Road, Southold, New York 11971, with a copy to the Town Attorney. The terms of the within agreement shall not be construed so as to condition or restrict the party of the First Part's remedy of foreclosure in any way. This agreement may not be changed or terminated orally. This agreement shall bind and enure to the benefit of the parties hereto, their respective heirs, personal representatives, successor and assigns. IN WITNESS WHEREOF, the said party of the First Part has executed this agreement the day and year first above written. TOWN OF SO. HOLD S~ott A. Rugsell, Supervisor SUFFOLK COUNTY NATIONAL BANK Deborah Sin~netti, Vice President / STATE OF NEW YORK, COUNTY OF SUFFOLK On December 8, 2008, before me, the undersigned, a Notary Public in and for said state, personally appeared Deborah Simonetti, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public DIANE PALADINO Notary Public, State of New Yo~k No, 01 PA6073321 Qualified in Suffolk County , Commission Expires April 22, 20/_.?.© ~OF NEW YORK, COUNTY OF SUFFOLK On December 8, 2008, before me, the undersigned, a Notary Public in and for said state, personally appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public PATRICIA L. FALLON Notary Public, State Of New York No. 01FA4950146 Qualified In Suffolk County Commission Expires April 24, c,2~]J Title No: RH08301055 SCHEDULE A - DESCRIPTION AMENDED 12/03/08 ALL that certain plot, piece or parcel of land, situate, lying and being at $outhold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the southeasterly side of Middle Road, C. R. 48, at the northeasterly corner of land now or formerly of Jay W. Guild, formerly Case and the northwesterly corner of the premises herein described; RUNNING THENCE North 59 degrees 27 minutes 30 seconds East along the southeasterly side of Middle Road, C. R. 48, 94.00 feet; THENCE North 58 degrees 31 minutes 00 seconds East, still along said southeasterly side of Middle Road, C .R. 48, 448.10 feet to land now or formerly of Chester L. Ciaglo, .~r.; THENCE along said land now or formerly of Chester L. Ciaglo, Jr. the following four (4) courses and distances: 1. South 31 degrees 05 minutes 13 seconds East, 249.45 feet; 2. North 58 degrees 3t minutes 00 seconds East, 35.00 feet; 3. South 27 degrees 38minutes 50 seconds East, 50.00 feet; and 4. North 58 degrees 31 minutes 00 seconds East, 150.00 feet to land now or formerly of John B. Sepenoski, Jr.; THENCE South 27 degrees 38 minutes 50 seconds East, along said land now or formerly of.]ohn B. Sepenoski, .~r., 252.72 feet to land of the Metropolitan Transportation Authority - Long Island Rail Road; THENCE South 58 degrees 3~. minutes 30 seconds West, along said land of the Metropolitan Transportation Authority - Long Island Rail Road, 734.24 feet to land now or formerly of ~lay W. Guild, formerly Case; THENCE North 28 degrees 28 minutes 00 seconds West along said land now or formerly of Jay W. Guild, formerly Case, 553.69 feet to the monument on the southeasterly side of Middle Road, C. R. 48 and the point or place of BEGINNING. Certificate of Title N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owners of /~ · ~/~/$/~cres of active farmland and/or __ acres of non-farmland, situated at Suffolk County Tax Map No. 1000- 69-4-8.~ that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of 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. Project Sponsor Landowners TOWN OF SO.,J~ITHOLD SCO-TTA. RUSSELL, Supe~isor 53095 Route 25 P.O. Box1179 Southold, NY 11971-0959 (631)765-1889 Eugene Wesno(ske, ~r. 4270 Bridge Lane Cutc,hogue, New York 11935 ~'l~r~s~al Wesnof~-ke 36450 County Road 48 Peconic, New York 11957 STATE OF NEWYORK ) )SS: COUNTY OF SUFFOLK Onthe ~2-~- day of , 2008, before me personally appeared SCOTT A. RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. Notary Public STATE OF /j~'z~ 7'~,~ ) )SS: COUNTY O F ,.,~g ~ ~-- ) PATRICIA L FALLON Notary Public, State Of r,law York No. 01 FA4950146 Quali[isd in Suffolk County Expires April 24, Commission On the ~ day of ~ . ,2008, before me personally appeared EUGENE WESNOFSKE, JR., personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF )Ve~'/'~/~ ) COUNTY OF ,~--;~/.~ ) )SS: PATRICIA L. FALLON Notary Public, State Of New York No. 0tFA~+950146 Qualified In Suffolk County Commission Expires April 24, <:~Z) ,// On the ~:)~ day of /~_.. ,2008, before me personally appeared CHRYSTAL WESNOFSKE, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons Upon behalf of which the individual acted, executed the instrument. Notary Public PATRICIA L. FALLON Notary Public, State Of New York No. 01FA4950146 Qua icd in Su',,'olk County Commission Expires April 24, o~ STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 10B Airline Drive Albany, New York 12235 Division c~ Agr~ultural Protection and Development Services 518-457-7076 FOX. 518-457-2716 Januaw14,2009 Melissa Spiro Land Preservation Coordinator Town of Southold PO Box 1179 Southold, NY 11971-0959 Re: Waiver - Suffolk County Agricultural District #1 - Acquisition of Land Dear Ms. Spiro: The Department has reviewed documentation submitted by the Town of Southold, to waive the Notice of Intent filing requirements pursuant to Section 305(4) of the Agriculture and Markets Law, in connection with its acquisition of active farmland in Suffolk County Agricultural District #1. The documentation includes a waiver signed by: Eugene Wesnofske, Jr. & Chrystal Wesnofske Landowner(s) The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of property by the Town. Should the project encompass acquisition of other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the Town of its obligation under paragraph (a) to use all practicable means in undertaking a proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. Sincerely, ROBERT SOMERS, Ph.D Manager, Agricultural Protection Unit RS:lad File: AP09/002-W JAN 2 0 2009 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (63 l) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD January 9, 2009 Bob Somers, Ph.D. Manager, Agricultaral Protection Unit NYS Department of Agriculture and Markets 10B Airline Drive Albany, NY 12235 WESNOFSKE to TOWN OF SOUTHOLD Part of SCTM It 1000-69.-4-8.1 Dear Mr. Somers: Enclosed please find the original "Waiver - NYS Department of Agriculture and Markets" that was executed by Southold Town Supervisor Scott A. Russell, Eugene Wesnofske, Jr. and Chrystal Wesnofske, at the time of closing on a development rights easement on active farmland formerly identified as part of SCTM # 1000-69.-4-8.1. Details regarding this easement are as follows: GRANTORS: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Eugene Wesnofske, Jr. and Chrystal Wesnofske Town of Southold December 11, 2008 D00012574 702 36450 County Road 48, Southold 6.01437 acres p/o 1000-069.00-04.00-008.001 n/Ida 1000-069.00-04.00-008.008 Please provide me with a written acknowledgment of yoar receipt of the waiver at your earliest opportunity. Thank you. Sincerely, Melissa Spiro Land Preservation Coordinator /md eric. N Y S D E C R E G I S T R Y New York State Department of Environmental Conservation ~[~uiVision of Lands & Forests reau of Real Property, 5th Floor 625 Broadway, Albany, New York 12233-4256 Phone: (518) 402-9442 · FAX: (518) 402-9028 Website: www.dec, ny ~ov Alexander B. Grannis Comm/ssioner January 21, 2009 Melissa Sp~ro Dept. of Land Preservation Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Dear Ms. Spiro: We have received and filed in our office the following conservation easements: CE: Suffolk 511 Grantor: Eugene Wesnofske, Jr. and Chrystal Wesnofski Liber: D00012574 Page: 702 The conservation easements cited above have been so identified for our indexing and filing purposes. This number may be needed for the landowner to claim a conservation easement tax credit. When contacting this office about these parcels, please use the assigned identifier. Your cooperation in this matter is very much appreciated. Very truly yours, Timothy A. Reynolds Real Estate Specialist 2 Bureau of Real Property JAN 2 6 2009 DEPZOFLAND PRESERVATION MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (63l) 765-6640 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD January 9, 2009 NYSDEC Bureau of Real Property 625 Broadway, 5t~ Floor Albany, NY 12233-4256 Attention: Re: Tim Reynolds Conservation Easements Registry WESNOFSKE to TOWN OF SOUTHOLD Dear Mr. Reynolds: Enclosed please find a copy of the recorded Grant of Development Rights Easement on property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTORS: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Eugene Wesnofske, Jr. and Ch~ystal Wesnofske Town of Sonthold December 11, 2008 D00012574 702 36450 Coanty Road 48, Southold 6.01437 acres 1000-069.00-04.00-008.008 (f/k/a part of I000-069.00-04.00-008.001) Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, Melissa Spiro Land Preservation Coordinator enc. cc: Eugene Wesnofske, Jr. - 4270 Bridge Lane, Cutchogue, NY 11935 w/enc. MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-5711 Facsimile (63l) 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 TOV~q OF SOUTHOLD January 26, 2009 Eugene Wesnofske, Jr. 4270 Bridge Lane Cutchogue, NY 11935 Re~ NYSDEC Conservation Easements Registry CE: Suffolk 511 SCTM #1000-69.-4-8.8 Dear Mr. Wesnofske: Please be advised that the Town's purchase of a development rights easement on your property located at 36450 County Road 48 in Southold has been officially registered with the New York State Department of Enviromnental Conservation. Enclosed is a copy of the information we received from NYSDEC with your property's assigned identifier. If you have any questions regarding the implementation of the Conservation Easement Tax Credit and your eligibility to claim the tax credit, please contact Tim Reynolds at NYSDEC (518-402-9442) and refer to the assigned identifier - CE: Suffolk 511. iVery truly yours, Melanie Doros-~k-i Sr. Administrative Assistant enclosures P R O P E R T Y R E C O R D S MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro~town.southold.ny, us Telephone (631) 765-5711 Facsimile (63 l) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Rd & Youngs Ave) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 To: From: Date: Re: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Suffolk County Division of Real Estate Melissa Spiro, Land Preservation Coordinator December 8, 2008 WESNOFSKE to TOWN OF SOUTHOLD plo SCTM #1000-69.-4-8.1 Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Peconic Land Trust, Inc. The Nature Conservancy Please be advised that the Town has acquired a development rights easement on the property listed below. If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: SCTM #: PROPERTY OWNERS: PURCHASE DATE: PURCHASE PRICE: TOTAL PARCEL ACREAGE: EASEMENT ACREAGE: RESERVED AREA: ZONING: FUNDING: MISCELLANEOUS: 36450 County Road 48, Southold part of 1000-69.-4-8.1 Eugene Wesnofske, Jr. and Chrystal Wesnofske Monday, December 8, 2008 $408,977.16 (based on 6.01437 acres (~ $68,000/buildable acre) 8.08046 acres 6.01437 acres 2.0661 acres A-C CPF 2% Land Bank This property is listed on the Community Preservation Project Plan list. The land is actively farmed. 18,1 ~OT,CE I ,,~"'~"¢~"~. COUNTY OF sUFFOLK 0 I~1~'~~ $OUTHOLD ,..,,.,., ,. ,,,, ,~...,,. ,,. ~,, ~%.%,,;,,,~,, ,,,,, i ¢~ I,%L SECTION NO" File View Toolbar Help 69.-4-8~- ' 473889 Southold Reactivated R/S:1. School: SoutholdS¢haol 9/esnofske~ Eugene . RolYeaf: 12010 Next Yf Land 6ghtx La~AV: 800 CR 48 ~ ~ L~d Size: ~.01 acm~ T~alAV~ 800 ~ T~ 2 ~ Ta~able Value N~. Eagene ~not~e~f ~ ;' ' Cou~y; 0 Boo~ Ad~IA~: - ; Uuni 0 Pag~ street~ 36450 CR 48 . School: 0 PO Box ', ' · 5 - v ocha~er~ar 0 C*F Pectin. NY Z~p 119 8 Acc~No. 5a e Tot~ 2 ~ Site I of I Land ~bok ' Page s~:D'a~a SaieP~e Owner Prpcl*: Land6gh[= 12574 701 * 12/Q~/08 850.00b Wesnolske_ Eue . E~e~pl on ~/a ] Term O~n eUl ~ng 4t 730 AGR-INDA~P ~,,, 8000 0 : Double Click to open a Window LAND PRESERVATION COMMITTEE MEETING Minutes of Meeting held Tuesday, April 29, 2008 at 7:00 p.m. Members Present: Members Absent: Also present: Commencement: John Sepenoski, Chairman (left 9:30 p.m.) Michelle Zaloom Eric Keil, Monica Harbes Ray Huntington Chris Baiz Lillian Ball Melissa Spiro, Land Preservation Coordinator Al Krupski, Town Board Liaison Stephen Searl, Peconic Land Trust (7:15 p.m.) Benja Schwartz and others from Group for Cutchogue attended meeting at 7:00 p.m. re: property in Cutchogue known as Heritage. Presented letter dated April 29, 2008, to Land Preservation Committee. Benja noted that proposed project will degrade the work LPC has done to preserve rural character of Town. He read parts of letter to Committee and also several quotes from different newspapers articles. He asked Committee to consider purchase of the property. The LPC was amenable to continued outreach and asked the Coordinator to seek any recent news from Town Board. · The meeting began at 7:10 p.m. with five LPC members present. Applications and Inquiries: WESNOFSKE PROPERTY SCTM #: 1000-69-4-8.1 Zoned: A-C Location: s/s CR 48, Peconic CPF: Yes Total Acreage: -+8.235 acres PDR Acreage: +7.19 acres Reviewed updated appraisal [executive session]. 0._~',~¢ 1~,, , The members entered into EXECUTIVE SESSION. L~(~ VlA-~ I"VI'~U~P-~3 LPC reviewed existing appraisal which was an update to an outdated appraisal. LPC concerned because there was a significant difference between the outdated and current appraisal and the 2008 appraised value was not in line with other current appraisals the committee had recently reviewed for other properties. MOTION made by Ray Huntington, seconded by John Sepenoski, to direct Melissa Spiro to order a second appraisal on the Wesnofske property Motion carried: 5/0 LAND PRESERVATION COMMITTEE MEETING Minutes of Meeting held Tuesday, February 26, 2008 at 6:00 p.m. Members Present: Members Absent: Also present: John Sepenoski, Chairman (6:12 p.m.) Monica Harbes Eric Keil (left 6:55 p.m.) Lillian Ball Ray Huntington Melissa Spiro, Land Preservation Coordinator Melanie Domski, Land Preservation Secretary Al Krupski, Town Board Liaison (left 7:26 p.m.) Stephen Searl, Peconic Land Trust (6:13 p.m. to 7:42 p.m.) Michelle Zaloom Chris Baiz Commencement: · The meeting began at 6:10 p.m, with five LPC members present, Adoption of Meeting Minutes: · Acceptance of meeting minutes from February 5, 2008 MOTION made by Monica Harbes, seconded by Michelle Zaloom, to approve the Land Preservation Committee meeting minutes from February 5, 2008. Motion carried: 5/0 (John Sepenoski absent from vote) Applications and Inquiries: WESNOFSKE PROPERTY SCTM #: 1000-69~,-8.1 Zoned: A-C Location: s/s CR 48, Peconic CPF: Yes Total Acreage: +8.235 acres PDR Acreage: +7.19 acres Update re: status. Letters from Executor of Wesnofske Estate requested by LPC have been received. Proceed to order updated appraisal with the understanding that this will be the final appraisal and offer thereafter presented will be the final offer presented to landowners for consideration. LAND PRESERVATION COMMITTEE MEETING Minutes of Meeting held Tuesday, February 5, 2008 at 6:00 p.m. Membem Present: Members Absent: Also present: John Sepenoski, Chairman Chris Baiz Monica Harbes Michelle Zaloom (6:40 p.m.) Ray Huntington Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Al Krupski, Town Board Liaison Stephen Searl, Peconic Land Trust (7:00 p.m.) Timothy Caufield, Peconic Land Trust (7:35 p.m.) Commencement: · The meeting began at 6:12 p.m. with four LPC members present. Lil~ian Ball Eric Keil (6:30 p.m.) WESNOFSKE PROPERTY [executive session] SCTM #: 1000-69-4-8.1 Zoned: A-C Location: sis CR 48, Peconic CPF: Yes Total Acreage: +8.235 acres PDR Acreage: +7.19 acres Update from PLT. LPC to discuss status of offer [executive session]. Melissa presented background information and Stephen provided latest updates on his meetings with the Wesnofske family members. A driveway easement area has been sold to neighbor; however, lot line change in Planning needs to be completed. Melissa presented to LPC possible concept plans and Stephen stated that contract vendee is leaning towards Option #2 which would result in a decrease of original easement acreage to 6.2326 acres, a 2 acre area around existing residential structure, including the farmstand and barn. LPC would like a scenic restriction limiting any future ag structures to behind existing barns. Melissa and Stephen will meet again with brothers_Landowners have asked for increase in purchase offer. MOTION made by John Sepenoski, seconded by Michelle Zaloom, to instruct Melissa Spiro to request two executed "letters of consent to sell" a development rights easement to Town of Southold from Ernie Wesnofske (Executor) and Eugene Wesnofske (contract vendee) before LPC will review request for increase in purchase offer or authorize an update to the appraisal Motion carried: 6/0 END OF EXECUTIVE SESSION LAND PRESERVATION COMMITTEE MEETING Minutes of Regular Meeting held Tuesday, June 13, 2006 Members Present: Ray Huntington John Sepenoski Lillian Ball (7:13 p.m.) Michelle Zaloom (left 10:15 p.m.) Chris Baiz Eric Keil (7:33 p.m.) Members Absent: Ray Blum, Chairman Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Al Krupski, Town Board Liaison (7:21 p.m.) Margot Booth, observer Tim Caufield, Peconic Land Trust (7:42 p.m.) Commencement: · The meeting began at 7:10 p.m. with four LPC members present. The Members entered into EXECUTIVE SESSION. WESNOFSKE PROPERTY [executive session] SCTM #: 1000-69-4-8.1 Location: sis CR 48, Peconic Total Acreage: +8.235 acres PDR Acreage: +7.19 acres Zoned: A-C F/MWet: 0 acres CPF: Yes tol 3lo acl Discussed status of offer. [executive session] Landowners requested an increase to the purchase price offer for a development rights easement that was made by Town over a year ago. MOTION made by Lillian Ball, seconded by Ray Huntington, to direct Melissa Spiro to contact appraiser that prepared the appraisal on the Wesnofske property for an updated appraisal. Motion carried 6/0. LAND PRESERVATION COMMITTEE MEETING Minutes of Regular Meeting held Wednesday, February 25, 2004 Members Present: Members Absent: Also present: Ray Blum, Chairman Fred Lee Craig Arm Eric Keil John Sepenoski Ray Huntington Michelle Zaloom Bill Edwards (liaison to Town Board) Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Secretary to LPC Tim Caufield, Peconic Land Trust Margot Booth Jim & Joanne Glover, interested parties (Magg property) WESNOFSKE PROPERTY (add-on to agenda) SCTM #: 1000-69-4-8.1 Location: sis Route 48, Southold Acreage: 8.2 acres Zoned: A-C /.._Pc Wesnofske made inquiry to the Land Preservation Department as he has a buyer interested in purchasing his property with development rights sold to the Town. The PDR would be on all but the existing house. If Town Board policy to include farmstands within PRD area, the committee would be in favor of including Wesnofske's existing farmstand within the easement. MOTION made by Ray Blum, seconded by Eric Keil, to retain an appraiser for the purpose of obtaining a written appraisal on the Wesnofske property, subject to a formal application by owner (or contract vendee) for the purchase of development rights and scenic and agricultural easement. Motion carried 5/0. E N V I R O N M E N T A L S U M M A R Y / MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765~5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD October 20, 2008 Lisa Clare Kombrink, Esq. 235 Hampton Road, 2nd floor Southampton, NY 11968 Re: WESNOFSKE to TOWN OF SOUTHOLD SCTM #1000-69-4~8.1 Dear Lisa: The Environmental Site Assessment prepared by Cashin Associates, P.C. dated October 2, 2008, for the Wesnofske property noted the following: Abandoned Farm Equipment Area: The southwest corner of the subject property appears to have been used as a discard area for old farm equipment and other agricultural related wastes. The presence of a possible debris area represents a potential recognized environmental condition. The area is overgrown with natural vegetation and there appears to be several pieces of abandoned farm equipment partially covered by vegetation. Also, the CA inspector observed two areas of raised disturbed soil that could indicate a possible old debris burial site associated with the farm. Site specific investigation would be needed to determine if these areas are indeed a past debris site and whether it contains any hazardous material. This could be determined by placement of soil borings and analysis of subsurface soil samples for potential contaminates (metals, volatile organic compounds, semi-volatile organic compounds and pesticides). Stephen Searl (PLT) and I conducted a site visit on October 10th with Eugene Wesnofske, and Ray Huntington, an LPC member, conducted a site visit on October 12th. At the October 14th Committee meeting, the Land Preservation Committee discussed the site visits and reviewed the photographs in the environmental report and additional photographs taken by Ray Huntington. It was concluded that the raised soil areas were most likely caused by typical farming practices in conjunction with the fact that that area of the property used to be a nursery. The Committee decided that no further investigation was needed. The Committee then passed a motion that all non-agricultural items that are located within the easement area must be removed from the easement area prior to closing. As of the date of inspection, the items to be removed included the car, abandoned tires and the 2 rusted tanks. The 3rd rusted tank discussed at the Committee meeting was later discussed with Eugene Wesnoske, who said that the tank, which is attached to posts, is currently used as a transplanting. Eugene Wesnofske said that the other agricultural equipment stored within the area is working agricultural equipment. Please proceed with notifying the landowners' attorney of the Committee's determination. Sincerely, Melissa Spiro Land Preservation Coordinate MS/md A E R I A L S $/te: I~esrzo£s/ce ?roper~ $ou~hold, New Yorl< Ye~z:: 2007 Site: I/Vesno£s/ce Property, $outhold, New Yor/c Year.. 2006 $/~e: lzVesno£slce J~roper~y, $ou~hold, New Yorlc Year.. !994 S/~e: ~l/esno£slce Proper~ $outhold. New Yorlc Year.. Site= Wesno£ske Property. Southold, New York Year.. ! 96 ! Site $/te: 14/esno£ske Propef~, $outhold, New York Year.. ! 954 $/te: 14/esno£s/ce Property. $outhold. New York Year.. S U R V E Y SURVEY OF PROPERTY ..~ITU~I t--: .~OUTHOLO TOINN.' ~UTHOLD EAJFFOLK COUNTY, NY DEC -2~ ~ DEPT OFLAND PRESERVATION J r~,b'~ % ~ Cultivated Field Field ,~o~8 N W E S MONUi"i~NT POUND ®F~.APHIC, SCALE I"= 50' 0 50 I00 JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC, NO, 50202 ~AD, N.Y, 11901 369-8288 Fax 369-8287 REF,-~Compaqscrver\pros\05N05-245 revised for Der, Rts s~e,pro A E R I A L M A P Estate of Eugene L. Wesnofske (Eugene Wesnofske & Chrystal Wesnofske, as contract Town Development Rights Purchase Map Prepared by Town of Southo]d August 28, 2008 Estate of Eugene L. Wesao~]ske (Eagene Wesa¢~ske & Chvystal Wesnn~':ske, as contract vendees) SCTM# 1000-69-4-8.1