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LABROZZI DiSunno & Barristers Group Partners, LLC Baseline Documentation Suffolk County Tax Map 300-163-6-25, 26, 31 131 North Main Street Area 2.8434 Acres Town of East Hampton New York The Community Preservation Fund Law was enacted to help protect and preserve open and undeveloped lands in the Town of East Hampton and the incorporated Villages, including wetlands, woodlands, agricultural lands, shorelands and the other natural resources of the town; for the purposes of protecting historic places and properties within the town; and for the purpose of providing the town’s visitors and residents with outdoor recreational opportunities. ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Resolution No. _1010_ Dated: July 14, 2005 AUTHORIZE ACQUISITION Property of Labrozzi, DiSunno and Barristers Group Partners LLC East Hampton SCTM #300-163-6-25, 26 & 31 The following resolution was offered by SUPERVISOR WILLIAM McGINTEE, seconded by , and adopted: WHEREAS, pursuant to Section 247 of the General Municipal Law of the State of New York, the Town Board held a public hearing on July 14, 2005 to consider the acquisition of approximately 2.88 acres of land located in East Hampton, which lands are identified on the Suffolk County Tax Map as SCTM #300-163-6-25, 26 & 31; and WHEREAS, the proposed purchase price for fee simple acquisition of the subject properties is $750,000.00, plus survey, title, prorated tax, and recording charges; and WHEREAS, the purpose of said acquisition is preservation of open space; and WHEREAS, the acquisition of the subject properties is classified as a Type II Action pursuant to the State Environmental Quality Review Act (SEQRA); and WHEREAS, the Town Board finds, pursuant to Section 64-e of the New York Town Law, that acquisition of the subject properties by purchase is the best alternative, of all reasonable alternatives available to the Town, for protection of the community character of the Town of East Hampton, and that such acquisition would be in the best interests of the Town; NOW, THEREFORE, BE IT RESOLVED, that the Supervisor is hereby authorized and directed to enter into a contract of sale with the record owners of the subject properties, reputedly JAMES LABROZZI as to two thirds (2/3) undivided share, REBECCA DISUNNO as to one-sixth (1/6) undivided share, and BARRISTERS GROUP PARTNERS LLC as to one-sixth (1/6) undivided share, for the purpose of acquiring said properties at a cost to the Town of East Hampton not to exceed $ 2,600,000.00, plus reasonable survey, title, prorated tax, and recording charges; and be it further RESOLVED, that pursuant to contract the Supervisor is authorized and directed to execute any documents and the Town Budget Officer is directed to pay the purchase price and any and all reasonable survey, title, prorated tax, and recording charges, as may be necessary to effect the transfer of titles; and be it further RESOLVED, the Town of East Hampton will close with JAMES LABROZZI and REBECCA DISUNNO at the earliest reasonable date; and be it further ---PAGE BREAK--- RESOLVED, the closing between BARRISTERS GROUP PARTNERS LLC and the Town of East Hampton will not occur until January 2006 and therefore will cause the Town of East Hampton to be tenants in common with BARRISTERS GROUP PARTNERS LLC; and be it further RESOLVED, that pursuant to Section 64-e of the New York Town Law, the acquisition of subject properties also includes the acquisition of development rights and the right of the Town Board to transfer such rights at a future date; and be it further RESOLVED, the monies to be expended for purchase of the foregoing properties shall be drawn from the Town of East Hampton Community Preservation Fund Budget Account; and be it further RESOLVED, that copies of this resolution shall be forwarded to: Assistant Town Attorney Elizabeth L. Baldwin Planning Department Mr. Daniel G. Voorhees, Esq. Dayton & Voorhees, 95 Newtown Lane, East Hampton, NY 11937; and Mr. Joshua Foster, Esq. c/o Barristers Group Partners LLC 333 East 46th Street, Apt. 16B, New York, NY 10017. ---PAGE BREAK--- Resolution No. 1340 Dated: Dec. 5, 2008 Lester/Labrozzi, CPF Addition After Hearing WHEREAS, on July 14, 2005, the Town acquired SCTM# 300-163-6-25, 26 and 31 from Labrozzi, DiSunno and Barristers Partners LLC, using Community Preservation Funds; and WHEREAS, the Town has determined that this property was not listed on the Community Preservation Project Plan at the time of acquisition; and WHEREAS, as a corrective measure, in order to comply with Section § 64-e of the New York Town Law, the Town is requesting an amendment to the Community Preservation Project Plan to include said property now owned by the Town; and WHEREAS, a public hearing was held by the Town Board of the Town of East Hampton on November 21, 2008 at 10:30 a.m., regarding a Local Law adopting a revised "Community Preservation Project Plan," pursuant to Section § 64-e of the New York Town Law, which provides for the preservation of open space, historic places, and recreational areas within the Town of East Hampton, including the incorporated villages therein, to include lands reputedly owned by the Town of East Hampton and identified on the Suffolk County Tax Map as SCTM #300-163-6-25, 26 & 31, all as more fully set forth in the text of the Local Law; and WHEREAS, the Town Board has considered the comments of all persons regarding this Local Law, both as submitted in writing and as presented orally at the public hearing; and WHEREAS, the Town Board has prepared and considered Environmental Assessment Forms which evaluate the potential environmental impacts of the proposed Local Law; and WHEREAS, the Board has determined that the adoption of this Local Law will not have a significant negative impact upon the environment; NOW, THEREFORE, BE IT RESOLVED, that a negative declaration is hereby made pursuant to the State Environmental Quality Review Act (SEQRA); and BE IT FURTHER RESOLVED, that the said Local Law is hereby enacted to read as follows: LOCAL LAW NO. 28 OF 2008 INTRODUCTORY NO. 24 OF 2008 A Local Law providing for the adoption of a revised "Community Preservation Project Plan," pursuant to Section § 64-e of the New York Town Law, which provides for the preservation of open space, historic places, and recreational areas within the Town of East Hampton, including the incorporated villages therein, to include lands reputedly owned by the Town of East Hampton and identified on the Suffolk County Tax Map as SCTM #300-163-6-25, 26 & 31, as more fully set forth in the text of the Local Law, said Local Law to read as follows: BE IT ENACTED by the Town Board of the Town of East Hampton as follows: SECTION I. - FINDINGS AND OBJECTIVES: This local law adopts a revised "Community Preservation Project Plan" pursuant to Section § 64- e of the New York Town Law. The revised plan supplants the Community Preservation Project Plan which was first adopted by the Town Board on August 4, 1998 and adopted as revised on August 5, ---PAGE BREAK--- 2003 and which continues to list all properties whose preservation is necessary to the preservation of the community character of the Town of East Hampton. The Town Board wishes to amend the plan as most recently adopted on August 5, 2003 to provide for the addition of approximately 2.88 acres of land reputedly owned by the Town of East Hampton located at the corner of Cedar Street and North Main Street, East Hampton and identified as SCTM #300-163-6-25, 26 & 31. SECTION II. - COMMUNITY PRESERVATION PROJECT PLAN ADOPTED: For the reasons set forth in Section I hereof, the Town Board hereby approves and adopts the addition of approximately 2.88 acres of land at the corner of Cedar Street and North Main Street, East Hampton, reputedly owned by the Town of East Hampton and identified as SCTM #300-163- 6-25, 26 & 31 to the list of Open Space Recommendations in the "Community Preservation Project Plan" prepared by the Town Planning Department and dated August 5, 2003, said plan being intended to constitute, in its revised form, the community preservation project plan which is required by Section § 64-e of the New York Town Law and Article I of chapter 112 ("Community Preservation Fund") of the East Hampton Town Code. SECTION III. - SEVERABILITY: Should any part or provision of this Local Law be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Local Law as a whole nor any part thereof other than the part so decided to be unconstitutional or invalid. SECTION IV. - EFFECTIVE DATE: This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. AND BE IT FURTHER RESOLVED, that, as required by Town Law Section § 64-e the Town Clerk is directed to forward copies of this resolution together with copies of the revised Community Preservation Project Plan dated November 21, 2008 to the following State agencies: Commissioner, New York State Office of Parks, Recreation, and Historic Preservation, 20th Floor, Agency Bldg. Empire State Plaza, Albany, New York 12238; Commissioner, New York State Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-1010; and Commissioner, New York State Department of Agriculture and Markets, 1 Winner's Circle, Albany, New York 12235. DATED: November 21, 2008 BY ORDER OF THE TOWN BOARD TOWN OF EAST HAMPTON, NEW YORK FRED L. OVERTON, TOWN CLERK ---PAGE BREAK--- Resolution No. 710 Dated: June 18, 2009 Property Location: Corner of Cedar St. and North Main St. SCTM 300-163-6-25, 26 & 31 WHEREAS, the Town Board by Resolution #2005-1010 dated July 14, 2005 authorized the acquisition of property of Labrozzi, DiSunno and Barristers Group Partners LLC, said property being located on the corner of Cedar St. and North Main St., SCTM# 300-163-6-25, 26 & 31; and WHEREAS, the purpose of the acquisition as stated in said resolution was for open space; and WHEREAS, discussion and comments of the Town Board at the time of the public hearing indicated that the Town Board also contemplated acquiring the property for other purposes in addition to open space; and WHEREAS, comments from members of the public at the hearing discussed the historic nature of the structures and their uses; and WHEREAS, the historic structures consist of the Jonathan Barnes House built in the 1770s as well as the Selah Lester Barn built in the late 1800s; and WHEREAS, the Town Board finds that, as detailed in the document dated August 14, 2008 entitled "Selah Lester House and Barn Historic Landmark Designation Proposal", the Selah Lester House and Barn have the characteristics specified in Section 255-7-25 A of the Town Code in that such structures have special character, historic and aesthetic interest and value as part of the cultural, economic and social history of East Hampton, and embody the distinguishing characteristics of an architectural style, building type, period and method of construction, and, because of their unique location, also represent an established and familiar visual feature of East Hampton; and WHREAS, the Town has locally designated the structures as historic landmarks; and WHEREAS, pursuant to ? 247 of the General Municipal Law of the State of New York, the Town Board held a further public hearing on May 14, 2009 at 7:30 p.m., to consider the modification of the stated purpose of the acquisition of the Labrozzi/Lester property owned by The Town of East Hampton and consisting of approximately 2.88 acres of land, and the historic Jonathan Barnes House and Selah Lester Barn, said property located on the corner of Cedar St. and North Main St., being described on the Suffolk County Tax Map as SCTM #300-163-6-25, 26 & 31, from "open space" to open space, historic preservation and recreational use; now therefore be it RESOLVED, that the East Hampton Town Board hereby states the purpose of the acquisition of the Labrozzi/Lester property is hereby modified from "open space" to Open Space, Historic Preservation, and Recreational use. DATED: June 18, 2009 BY ORDER OF THE TOWN BOARD TOWN OF EAST HAMPTON, NEW YORK FRED L. OVERTON, TOWN CLERK