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HomeMy WebLinkAboutLatham, DianaGRANT OF SCENIC AND CONSERVATION EASEMENT THIS INOENTURE made this 26th day of July, 1989, by and between DIANA L~ ~-~.'" of land is hereafter referred to as "the premises"; .and ~i WHEREAS, said premises constitute an area of natural scenic beauty -rand whose~ ~ · ~"" "~<. existing openness, natural condition, or present state of use, if retained would enhance the present potential value of abutting and ,~,c~¥;surrounding.7 properties and would maintain or enhance the conservation of / ~b/ natural and scenic resources; and · WHEREAS, the grantor wishes to grant a scenic and conservation LATHAM, residing at Private Road, Orient, Town of Southold, Suffolk County, New York ~the "grantor"l and the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its office at 53095 Main Road, Southold, Suffolk County, New York (the "grantee"). WHEREAS, the grantor is the owner of a certain parcel of land consisting of 24.3 acres, more or less, of farmland, woods and meadow located on the South side of Route 25 in the Hamlet of Orient, Town of Southold, Suffolk County, New York, generally bounded northerly by land of Webber; easterly by land of Howard Hoey; southerly by Latham; and westerly by land of Terry, said land being shown and designated on a certain map prepared by Young and Young consultant entitled, "Map of Lands to be Acquired Pursuant to §3-0305 of the Environmental Conservation Law" dated November 22, 1988, and which said parcel of land is more fully described in Schedule A hereunto annexed and made a part hereof, which said parcel easement to the grantee upon the premises; and WHEREAS. the grantee deems it to be in the public interest to acquire interests or rights in real property for the preservation of open space and areas to preserve the beauty and natural conditions of estuarine areas in the Town of Southold; and WHEREAS. Section 247 of the General Municipal Law of the State of New York provides that municipalities, including Towns. may acquire the fee or a lesser interest, development right, easement, covenant or other contractual right in and to real property necessary to achieve the aforesaid purposes; and WHEREAS, the grantee, in furtherance of the above policy and in accordance with Section 247 of the General Municipal Law wishes to accept the scenic and conservation easement hereby proffered by the grantor, and WHEREAS. a public hearing was held by the Town Board of the Town of Southold after due notice thereof, with respect to the terms and conditions embraced herein, at which public hearing all interested parties were given an opportunity to be heard; NOW THEREFORE, in consideration of One ($1,00| Dollar and other good and valuable consideration paid by the grantee to t. he grantor and receipt of which is hereby acknowledged, this agreement witnesseth that: 1, The grantor does hereby donate, grant, transfer and convey to the Town of Southold. a scenic and conservation easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the premises. 2, The nature, character and extent of the easement hereby granted is as follows: (a) No dredging, excavating, or land fill operations shall be authorized or permitted in or on the premises, except as required for agricultural purposes. (b) No development, of any kind shall be permitted nor shall any commercial use except agricultural and horticultural uses be made of the premises. (c) No building or structures shall be placed or erected on the premises. (d) No gravel, sand, peat or other materials, except salt hay or thatch shall be removed from the premises nor shall any sand, gravel or other materials by placed upon the premises; (e) No roadways or driveways shall be constructed on the premises except unimproved farm roads; (f) The grantee and its authorized agents shall have the right of inspection of the premises at any and all times during the term hereof. 3. The nature, character and extent of limitations of the within grant of easement are as follows: (a) Notwithstanding the provisions hereef, the premises shall remain at all times in the exclusive possession of the grantor. (b) All rights, interests and privileges of the grantor in the premises not herein specifically donated, granted, transferred and conveyed shall remain and reside with the grantor. L~. This agreement may be cancelled by the grantor upon sixty (60) days written notice to the grantee and upon payment to the grantee of a sum equal to three times the difference between the amount of real estate taxes paid or assessed against the premises in the year of such cancellation and the amount of real estate taxes that would be assessed against the premises in the year of such cancellation had the premises not been burdened with the provisions of this instrument, both computed in the tax year in which the cancellation shall take place. Upon payment of such sum. the grantee shall execute and deliver to the grantor a release of easement instrument in recordable form, 5. In the event that the grantor desires to dispose of the premises, or any part thereof, during the term of this agreement, or any renewal or extension thereof, by sale, the grantor shall give the grantee thirty (30) days notice of such proposed sale and the terms thereof. The grantee shall have the first option to acquire the premises within said thirty 130) day period on the same terms as any such proposed sale. 6. The failure of the grantee to insist upon the strict performance of any of the terms, conditions, covenants, or restrictions contained herein, shall not be deemed a waiver of any subsequent breach or fault in the terms, conditions, covenants or restrictions contained herein. 7. If the whole or any part of the premises shall be condemned or taken by eminent domain, then this agreement shall forthwith cease from the date of title vesting in such proceeding. In such event the grantor shall be required to pay no penalties, nor shall the value of the premises be limited by this easement, nor shall any part of any award belong to the grantee. 8. The grantee covenants that to the extent legally permissible, the valuation placed upon the premises for purposes of real estate taxation will be limited by the restriction of this scenic easement in accordance with Section 247 of the General Municipal Law of the State of New York. SCHEDULE A Beginning at a point marked by a granite monument, set on the division line of land of Lloyd Terry on the West and the owner herein on the East. Said monument being on a course N 01° 36' 17" W. 27.39 feet from a point formed by the intersection of the northerly line of land of Stanley J. Oroskoski and Anna T Droskoski. with the easterly line of land of Lloyd Terry. Said point having the coordinates in the New York State Plane Coordinate System. Long Island Zone of N. 338.730.09 E. 2.476.721.13. Running thence from said point of beginning northerly along the land of Lloyd Terry. the following three courses and distances: 1. N. 09° 27' 56" W. 2. N. 09° 52' 36" W. 3. N. 09° 17' 56" W. of land of Robert E. Webber. 574.34 feet 487.44 feet 594.05 feet to a point on the southerly line Running thence along the southerly line of land of Robert E. Webber. N. 79° 05' 46" E. 451.71 feet to a broken monument, and land of Doris T. Hoey. Running thence along land of Doris T. Hoe,~. 5.19° 54' 51" E. 1609.38 feet to a point on the general center of a dike. Running thence along the general center of the dike and through the land of the owner herein, the following six courses and distances: 1. S. 30° 22' 04" W. 2. S. 09° 00' 00" W. 3. S. 22° 15' 00" W. 4. S. 77° 00' 00" W. 5. N. 59° 00' 00" W. 111.16 feet 90.00 feet 80.00 feet 333.83 feet 50.00 feet 6. Iq. 32° 00' 00" W. 80.00 feet thence continuing through land of the owner herein the following four courses and distances: I. N. 16° 00' 00" W. 2. $. 85° 04' 04" W. 3. S. 01° 04' 04" W. 4. S. 52° 09' 30" W. the point or place of Beginning. 190.00 feet 110.00 feet 105.00 feet 54.00 feet to the granite monument and Containing 24.2542 acres. 9. All the covenants, conditions, reservations, restrictions, easements and provisions of this agreement shall continue and remain in effect until the 1st day of August 1990, at which time all of the provisions hereof shall be automatically extended for successive periods of one (1) year. unless on or before the 31st day of May 1990 or sixty {60) days prior to the end of any such extension period, either party hereto shall by written instrument duly recorded in the Suffolk County Clerk's Office determine to terminate the same. 10. The burden of this easement shall run with the Jand and shall be binding upon the parties hereto, and their successors and assigns. BY ~HOLD F~E'-J~p h y, Supervisor ~' [~iana Latham' --- STATE OF NEW YORK) COUNTY OF SUFFOLK) On the 26th day of July, 1989 before me personally came Francis J. Murphy, to me known, who, being by me duly sworn, did depose and say that he resides at Wickham Avenue. Mattituck, New York; that he is the Supervisor of the TOWN OF SOUTHOLD, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; and that it was so affixed by order of the Town Board of said municipal corporation and that he signed his name thereto by like order ~otary Public JUDITH 1;, TERRY STATE OF NEW YORK) No. 62~ S S: ~alff~ In S~o~ ~ ~ f COUNTY OF SUFFOLK) On the ~ ~day of July, 1989, before me personally came Diana Latham, to me known to be the individual described in and who executed the foregoing instrument, and she acknowledged to me that she executed the same. STEPHEN R. ANGEL Notary Public, State of New No. 4803748 N(~[ar~ Public Oual;fied in Suffolk County, Comm[s~Jon Ex~rae September 30, 1990 EsseK$, HefTeR & ANGEL COUNSELORS AT LAW P. O. Box 570 WATER MILL. N.Y. I 1976 ~516172666.33 Jay Schondebare, Esq. Southold Town Attorney Town Hall 53095 Main Road P. O. Box 1179 Southold, NY 11971 Re: Town of Southold to Diana Latham Dear Jay: Pursuant to our telephone conversation a couple of days ago, I made some minor changes to the Release of Scenic and Conservation Easement prepared by Robert Berntsson and signed by Supervisor Murphy and Diana Latham. The changes were made to the front page. I enclose a copy of the page as originally prepared, and a copy of the page as changed. You will see that the change has only to do with making it clear that the Release is now being given to Diana Latham, Roy Latham's successor-in-interest to the property. For your information, Roy Latham was Diana's father and is now deceased. SRA:mb Enc. SinCerely, RELEASE OF SCENIC AND CONSERVATION EASEMENT Release given this 26thday of July, 1989 by the TOWN OF SOUTHOLD, a municipal corporation of the State of New York having its office at 53095 Main Road, Southold, Suffolk County. New York to Roy ~_atham, his successors and assigns. On the 25th day of July, 1978, Roy Latham granted to the Town of Southold a scenic and conservation easement upon the premises described as follows: Beginning at a point on the westerly line of land of Louis Tuthill Estate and the easterly line of land of Roy Latham, said point being about 1974 feet southerly along said land of Tuthill Estate from the southerly line of Main Road; running thence along said land of Tuthill Estate, three courses: 1. Southerly, 980 feet, more or tess; thence 2. Westerly and southerly, 325 feet, more or less; thence 3. Easterly, 210 feet, more or less, to a certain gutter leading to Long Beach Bay; Thence along said gutter, three courses: 1. Southerly, about 450 feet, more or less; thence  '~,~ 2 Southwesterly, about 300 feet. more or less; thence 3. Southeasterly, 200 feet, more or less, to Long Beach Bay; thence along Long Beach Bay, tWO courses: 1. Southwesterly, 300 feet. more or less; Lhence 2. Northwesterly, 450 feet, more or less, to land of J. Droskoski; thence along said land of J. Droskoski, eight courses: 1. Northeasterly. 175 feet, more or less; thence 2. Northwesterly, 58 feet, more or less; thence 3. Northeasterly, 140 feet. more or less; thence RELEASE OF SCENIC AND CONSERVATION EASEMENT Release given this 26thday of July, 1989 by the TOWN OF SOUTHOLD, a municipal corporation of the State of New York having its office at 53095 Main Road, Southold, Suffolk County, New York to 0iaaa Latham. the successor to Roy Latham. On the 25th day of July, 1978, Roy Latham granted to the Town of Southold a scenic and conservation easement upon the premises described as follows, which property is now owned by said Diana Latham: Beginning at a point on the westerly line of land of Louis Tuthill Estate and the easterly line of land of Roy Latham. said point being about 1974 feet southerly along said land of Tuthill Estate from the southerly line of Main Road; running thence along said land of Tuthill Estate, three courses: 1. 2. 3. Southerly, 980 feet, more or less; thence Westerly and southerly, 325 feet. more or less; thence Easterly, 210 feet, more or less, to a certain gutter leading to Long Beach Bay; Thence along said gutter, three courses: 1. Southerly. about 450 feet, more or less; thence ~--~'~.~./?~ 2. Southwesterly, about 300 feet. more or less; thence 3. Southeasterly, 200 feet, more or less, to Long Beach Bay; thence along Long Beach Bay, two courses: 1. Southwesterly, 300 feet. more or less; thence 2. Northwesterly, 450 feet, more or less, to land of J. Droskoski; thence along said land of J. Droskoski, eight courses: 1. Northeasterly, 175 feet, more or less; thence 2. Northwesterly, 58 feet, more or less; thence 3. Northeasterly, lq0 feet, more or less; thence JUDITH T. TERRY TOWN CLERK REGISTRAR OF V[TAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 5, 1989: WHEREAS, an agreement was entered into between Roy Latham, as grantor, and the Town of Sothold, as grantee, providing for a grant of scenic and conservation ease- ment. said instrument dated the 25th day of July, 1978; and WHEREAS, said instrument was duly recorded in the office of the Clerk of the County of Suffolk, at Liber 8473 page 41; and WHEREAS, pursuant to paragraph number 7 of said instrument, if the property be condemned or taken by eminent domain the agreement would cease; and WHEREAS, the New York State Department of Environmental Conservation has indicated its willingness to obtain the subject premises by condemnation if necessary; and WHEREAS, a "friendly condemnation" settlement has been reached between the New York State Department of Environmental Conservation and the successor in title to Roy Latham, namely Diana Latham, whereby the DEC will purchase a portion of the subject property and a remaining portion will be retained by Diana Latham, said remaining portion con- stituting an area of natural scenic beauty and whose existing openness, natural condi- tion, or present state of use, if retained would enhance the present potential value of abutting and surrounding properties and would maintain or enhance the conservation of natural and scenic resources; and WHEREAS, the Town Attorney's Office has advised in writing to the grantor, or his successors, that it makes no representations regarding the taxation consequences which may arise from any governmental agency as a result of the release of said agreement; NOW, THEREFORE, BE IT RESOLVED that the Supervisor is directed to execute a release of the original grant of scenic and conservation easement recorded at Liber 8473 page 41 in the office of the Clerk of the County of Suffolk; and BE IT FURTHER RESOLVED that the Supervisor is hereby directed to execute an agree- ment for a grant of scenic and Conservation easement with Diana Latham covering those premises in the original easement which are not being transferred to New York State. Southold Town Clerk July 7, 1989 RODERIOK VAN TLJYL, P.C. GREENPORT. NEW YORK 11944 pHo~t4~.0,7o I'2~y 25, 1978 DESCRIPTION: Scenic Easement on Land of Roy La,ham at Orient Parcel I (Revised) 28.2 acres described as follows: Beginning ~t a point on the woctorly line of l~nd of Louis Tuthill Estate and the easterly line of land of Roy Latham, said point being about 1974 feet southerly along said ~nd of Tuthill Estate from the southerly line of ~in Road; running thence along said land of Tuthill Estate, three courses: (1) Southerly, 980 feet, more or less; thence (2) Westerly and southerly, 325 feet, tore or less; thence (3) Easterly, 210 feet, more or less, to a certain gutter lead- ing to Long Beach Bay; Thence along said gutter, three courses: (1) Southerly, about 450 feet, more or less; thence (2) Southwesterly, 300 feet, more or less; thence (3) Southeasterly, 200 thence aleng Leng ~each Bay, (1) Southwesterly, 300 (2) Northwesterly, 450 thence along said land of J. (1) Northeasterly, (2) Northwesterly, (3) Northeasterly, (4) Northwesterly, fee~ more or less, to Long Beach Bay; two courses: feet, more or less; thence feet, more or less, to land of J. Droskoski; Droskoski, eight courses: 175 fees more or less; thence 58 feet, more or less; thence 140 feet, more or less; thence 76 feet, more or less; thence (5)Northeasterly, 107 feet, more or less; thence (6) Westerly, 99 feet, more or less; thence (7) Northwesterly, iO2 feet, more or less; thence (8) Westerly, 159 feet, more or less, to land of S. Droskoski; thence ~long said land of S. Droskoski, two courses: '(1) Northwesterly, 252 feet, more or less; thence (2) We:%erly, 160 feet, more or less, to land of Lloyd Terry; thence ~long s~id land of Lloyd Terry, northerly 1010 feet, more or less, to other land of Roy Lath~m; thence easterly along said other l:;nd o~ R.).. Roy Latham, 580 feet, ~ore or less, to the point o~ beginning. Contaiuing approxina~ely 14.9 acres of farm, 4.8 acres of woods, and 8.5 acres of me~dow. To: Diana Day Latham cc: ~s. Roy Latham RO DERI'?-K YAN Page 2 (2) Western, 160 ~e~[..~ less~o ltz'%x'.:/' f ~ ~" less, ~o so.~nd o2 Korole~~~_t~.ly ...~. l' Koroleski//452 Y~et, more or less~~.'~.~ .. r_.,,'... ~ainin~rox~ely 22~~~ ~:~,:~, 8.5 ~es of meado~ ~ / ~ Parcel II 8.9 acres of meadow described as follows: Northerly by t.:e westerly branch of Tom Brown's Creek adjoining lands of Tuthill, Latham and Demarest; Easterly by Tom Brown's Creek; Sou~::erly by Long Beach Bay, and westerly by a gu~te~ leading to Tom Brown's Creek, said parcel of meadow being known as "Sanam~u's Island". Parcel III 1.3 acres of meadow described as follows: Northerly bj about 105 feet; Easterly by Demarest about 720 feet; Southerly by Tom Broom's Creek about 70 feet; Westerly by Tuthill Estate aocut 690 feets Parcel IV 2.0 acres of meadow described as follows: Northerly oy ~bout 188 feet; Easterly by Tom Brown's Creek about 560 fee~; by Tom Brown's Creek about 160 fee~; Westerly by Demares~ abO~.'c ~50 ~eeto RODERIOK VAN TUk'L, PJC. RVT/mg To: Diana Day Latham 233 East 32nd Street Eew York, N.Y. 10016 cc: l.~s. Roy Latham PUBLIC HEARING July 11, 1978 SCENIC EASE~.~NT GRANT - Roy Latham A public hearing was held by the Southold Town Board at the Southold Town Hall, Main Road, Southold, New York at 3:45 P.M., Tuesday, on July 11, 1978 on the prooosed grant of scenic and/or conservation easement by Roy Latham to the Tov~ of Southold. Present were: Supervisor Albert M. Martocchia Councilman James Homan Councilman Henry W. Drum Councilman Will~am R. Pell III Justice Martin Suter Town Attorney Robert W. Tasker Town Clerk Judith T. Terry Absent: Justice Francis Doyen Councilman Drum read the Notice of Hearing as follows: NOTICE IS HEREBY GIVEN, that a public hearing will be held by the Town Board of the Town of Southold, Suffolk County, New York at the Southold Town Hall, Main Road, Southold, New York on the llth day of July, 1978, at 3:45 o'clock'P.M, in the matter of the grant of scenic and/or conservation easement bv Roy Latham to the Town of Southold to effect four parcels of rea~ property ox~aed by the said Roy Latham and described as follows: PARCEL I 28.2 acres described as follows: Beginning at a point on the westerly line of land of Louis Tuthill Estate and the easterly line of land of Roy Latham, said ooint being about 1974 feet southerly along said land of'Tuthill Estate from the southerly line of Main Road; running thence along said land of Tuthill Estate, three courses: (1) Southerly, 980 feet, more or less; thence (2) Westerly and southerly, 325 feet, more or less; thence (3) Easterly, 210 feet, more or less, to a certain ~utter leading to Long Beach Bay; Thence along said gutter, three courses: (1) Southerly, about 450 feet, more or less; thence (2) Southw~=terlv, 300 feet, more or less; thence (3) Southeasterly, 200 feet, more or less, to Long Beach Bay; thence along Long Beach Bay, two courses: (1) Southwesterly, 300 feet, more or less, thence (2) North- westerly, 450 feet, more or less, to land of J1 Droskoski; thence along said land of J. Droskoski, eight courses: (1) Northeasterly, 175 feet, more or less; thence (2) Northwesterly, 58 feet, more or less thence (3) North- easterly, 140 feet, more or less; thence (4) Northwesterly, 76 feet, more or less; thence (5) Northeasterly, 107 feet, more or less; thence (6) Westerly, 99 feet, more or less; thence (7) Northwesterly, 102 feet, more or less; thence (8) Westerly, 159 feet, more or less, to land of PUBLIC HEARING July 11, 1978 (2) SCENIC EASEmeNT GRANT - Roy Latham S. Droskoski; thence along said land of S. Droskoski, two courses: (1) Northwesterly, 252 feet, more or less; thence (2) Westerly, 160 feet, more or less, to land of Lloyd Terry; thence along said land of Lloyd Terry, northerly 1010 feet, more or less, to other land of ~oy Latham; thence easterly along said other land of Roy Latham, 580 feet, more or less, to the point of beginning. Containing approximately 14.9 acres of farm, 4.8 acres of woods, and 8.5 acres of meadow. PARCEL II 8.9 acres of meadow described as follows: Northerly by the westerly branch of Tom Brown's Creek adjoining lands of Tuthill, Latham and Demarest; Easterly by Tom Brown's Creek; Southerly by Long Beach Bay, and westerly by a gutter leading to Tom Brown's Creek, said parcel of meadow being known as "Sandman's Island." PARCEL III 1.3 acres of meadow described as follows: Northerly by Demarest about 105 feet; Easterly by Demarest about 7]0 feet; Southerly by Tom Brown's Creek about 70 feet; Westerly by Tuthill Estate about 690 feet. PARCEL IV 2.0 acres of meadow described as follows: Northerly by Margolin about 188 feet; Easterly by Tom Brown's Creek about 560 feet; Southerly by Tom Brown's Creek about 160 feet; Westerly by Demarest about 550 feet. The proposed grant of easement containing the terms and conditions thereof, and the land effected thereby, is on file in the Southold Town Clerk's Office, Town Hall, Main Road, Southold, New York, and may be examined by any person interested therein. DATED: June 20, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY TOWN CLERK COUNCILMAN DRUM: I have proof of publication that this has been published in the Suffolk Weekly Times and also from the Long Island Traveler Watchman. This has been posted on the Town Clerk's bulletin board, Town Hall, Main Road, Southold, New York 11971 on date of June 21, 1978. SUPERVISOR IIARTOCCHIA: We have heard Councilman Drum read the public notice describing the parcel of land involved. It was advertised legally in the local paoers. The official one and the additional paper. It was posted on the Totem Clerk's bulletin board. For the purpose of moving on this, is there anyone present who would like to speak with regard to this? PUBLIC HEARING July 11, 1978 (3) SCENIC EASEMENT GRANT - Roy Latham WILLIAM SCHRIEVER, Orient: I would like to ask some questions about this procedure in general. I have been concerned about this because I also have some wetlands of my own. In the Tidal Wetlands Act which was enacted by the state in 1973, it was provided in that act in the land use regulation which was part 661 of that act. In section 29 of that land use regulation they refer back to the original enabling legislation. And that is to notify the town assessors that all property that is regulated under this regulation included in the inventory maps which are now effective as of the 14th of September of last year, all property that is in that regulation already has a scenic easement on it by law. So, therefore, it seems to me, to the extent that this property is tidal wetlands that this is sort of redundant. I think this is an interesting point with respect to wetland assessment in general. It is a point that I intend to b=ing up before the Grievance Board with respect to my own property. I am not sure that there is some farm land in this and farm land would not be regulated under the tidal wetlands act, except back 300 feet from the edge of the wetland. So there is a puroose to that one parcel, but the other parcels, as I understand it, are wetlands and I am sure that the state would covet those the same as they coveted ~ine. So therefore, I wonder if we are not forcing the members of the community to come and do a redundant act in getting their taxes reduced on the wetland when the state has already passed a law which requires the Town Assessors to (1)assess the property that is regulated by the tidal wetlands act for its' present use, meaning if it is not used for a house, you cannot tax it for a house lot. (2) They say taking into account these regulations, meaning the restrictions on its' future use and also they say that it shall be considered as having a scenic easement the same as if one were issued under the Municipal Law. Basically, any land which is under the tidal wetlands inventory already has a scenic easement by law and it should be issued accordingly. So it seems to me that what we are doing here, except to that one parcel, it wouldn't apply to farm land, is basically redundant. I think that the wetlands in general should be taxed with a very nominal lag, because any development of the wetlands is basically prohibited. And that is a position that I hope to take on Grievance Day and I wonder what the position of the Town is with respect to this particular law. TOWN ATTORNEY, ROBERT TASKER: I guess you could say it is true that the state wetland law did restrict the use of wetlands. However, I do not think that is is true that the restriction imposed by the state wetland law will be the restriction that will be inserted in this agreement. By that I mean under the state wetland law there are certain structures that can be on the wetlands, as long as they do not disadvantageously affect the wetlands. However, in this ty~e of agreement no restrictions or no improvements what so ever will be dealt with. So, to that extent, there is a difference. I do agree with you that if there is a law, for instance a wetland law which does restrict the use of a piece of property, it should be assessed for that. That should be taken into account. It goes as a matter of saying. It is the same as the difference between residentially zoned property and business zoned property that is basically the reason that they are assessed differently because of the uses to which the two different parcels can be put. So you can conceivably have a situation where, under the state wetlands law, the assessment of these wetlands should be reduced by the Assessors. You can also PUBLIC HEARING July 11, 1978 (4) SCENIC EASEMENT GRANT - Roy Latham have a situation where an agreement, under the General Municipal Law, can be entered into between the Town and the property owner further restricting the use of that property. MR. SCHRIEVER: So what you are contending is that this easement is another easement on top of the one that already exists that would cause a further reduction or similar reduction or what is it? MR. TASKER: It would cause a greater one. For instance, you could have a piece of residentially zoned property ..... MR. SCHRIEVER: We are not talking about that ..... MR. TASKER: We are talking about restrictions on property. Are we not? This is all that the wetlands law is, restrictions on the property. MR. SCHRIEVER: I am dealing with wetlands, not residential property. bR. TASKER: I am making a correlary here. You could, if you want to talk about wetlands, you could own a piece of wetlands and there is a state law which imposes certain things that you could not do to that property. That does not mean that you, Mr. Schriever, could not impose further covenants and restrictions on that property. And that is all that this agreement is,is a covenant and restriction imposed by the owner himself. MR. SCHRIEVER: My point is this. I agree with respect to property that has no scenic easement now, that does something for it, but what I am curious about is there going to be a further reduction in taxes beyond the reduction that would have occured as a result of the tidal wetlands act? Or is this redundant? bR. TASKER: That's a question for the assessors. The assessors are supposed to take into account all the factors affecting the value of the property. And one of the greatest factors is what you can use it for. And it seems to me that the greater the restrictions on the property the less it should be assessed because it is limited in its use. Now, how much they are going to take into account is a question they have to decide. We can't tell them how they are supposed to assess property. GLADYS CSAJKO: As I recall, we have had a number of these. Isn't the point of the scenic easement the fact that you do get a reduction in taxes as long as you keep this covenant for x~number of years, then if you break the covenant, then you have to pay you back taxes. But it really forces the assessors to cut these taxes. SUPERVISOR MARTOCCHIA: Yes, that's right. to speak into this particular hearing? Does anyone else wish MARIE JOHNSON: Does this mean that there is a possibility of a double reduction in taxes. One that comes automatically by virtue of the state law, and a second one that comes by virtue of imposing further restrictions on the part of the owner? There is one reduction that comes automatically if the property is truly a wetlands Drooertv. And that by simply imposing further restrictions that the ov~er can get a further reduction in taxes? PUBLIC HEARING July 11, 1978 (5) SCENIC EASEMENT GRANT - Roy Latham MR. TASKER: I can answer that. I think I oreluded to it in Mr. Schriever's question. If under the state wetlands law, let's assume that the law says that you cannot do anything to it or place any structures on it that would be destructive of the wetlands. And let's also assume that somebody wants to build a dock out and they are going to put three spiles into the wetlands with a diameter or 6 inches. And the state says that we do not feel that the structure is going to destroy the wetlands. So, therefore, you would have a state law which, in fact, under certain circumstances permitted the construction of a certain type of structure Now under an agreement that the property ov~er may make with the Town of Southold, we may agree that absolutely no structures what so ever may be placed on that property during the term of this agreement. So therefore, the Town agreement with the property owner would further restrict the use of that property than the state wetlands law. ~RIE JOHNSON: My question was aimed not so much at the restrictions, but at the property. bb. TASKER: The point is that in determining what the assessed value of the property, the assessors have to take into account, among other things, what it can be used for. And naturally, a piece of property that can be used for any purpose that you wish would have its' highest value, and a piece of property that has very very little use, because of the restrictions, would have a lower value. And they are supposed to assess it accordingly. MARIE JOHNSON: Now, you say that they are suooosed to. Is there anything that obliges them to? bb. TASKER: Well, they have a regular process of Grievance Day and if you believe that they have not properly assessed it ...... MARIE JOHNSON: The assessors don't initiate a grievance themselves? MR. TASKER: No that is the property owner. The assessors use their judgement in placing what they consider to be the proper assessment on your property. Now, if you disagree with that, there is a legal process by which you can contest it and the first step is to file a grievance, which I think comes up this month. Then, if you are not satisfied with that, you can sue. b~RIE JOHNSON: My point is publication of the fact that there are two additional ways to reduce taxes if you have wetlands property. MR. TASKER: Well, publication is the fact that we are having a hearing right now. It was advertised in both of the papers and posted on the Town Clerk's bulletin board. That's a notice. MR. NELSON AXIEN: May I ask the time duration of this easement? bb. TASKER: Ten years. The normal contract that we have used in the past runs for 10 years and it provides for a penalty. The penalty keeps reducing as the term of the agreement continues. The contract gives the land owner the option to terminate, but if he does he has to pay back all of the taxes that he saved over the preceding years. PUBLIC HEARING July 11, 1978 (6) SCENIC EASEMENT GRANT - Roy Latham Mit. AXIEN: So this is the ten year contract. MR. TASKER: Yes. SUPERVISOR MARTOCCHIA: Has everyone had the opportunity to speak into this hearing that wishes to speak into the hearing? (There was no response.) SUPERVISOR MARTOCCHIA: Hearing none, I will now close the hearing and the board will make its' decision shortly. Respectfully submitted, '~Linda F. Kowalski Secretary to Supervisor LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN, that:a public, hearing will be held.by t[~ ?ov~tt Boar~ of the Town of %uthold;.' of S. Dreskoski; the~,~,: along said land of S. Dresk~'ski, two courses: Il) Northwesterly, 252 feet, more or less; thence (2) Westerly, 160 feet, more or less, to land of Lloyd Terry; Suffolk County, Ne,s York'~,~ thence along said land of the Southold Town Hall, Mai~a~ --. Lloyd Terry, northerly 1010 Road. Southold, New York oa,d'~,: .fget, more or less, to other the 11th day of July, 1978, at ~'~i~ land of Roy Lat.h,?m; thence 3:45 o'clock P.M. in the matter ",~.:~' easterly along said other land 0£ the grant of scenic and-or .' 0g Roy Latham. 580 feet, more conservation easement by -: "t6.r less, to the point of Roy Latham to the Town of ' a~ieginning. Containing ap- Southeld to effect four parcels ~ .t]~roximatelv 14.9 acres of of real property owned by the . ~ .~rra, ~.8 ac'res of woods, and said Roy Latham and ..;~-~. -.g.5 acres of meadow. described as follows: .. PARCEL I1 .. 8.9 acres of meadow PARCEL I ;~.-~'~escribed as follows: Nor- 28.2 acres described ~s follows: Beginning a'. a point "therly by the westerly branch on the westerly line of land of ' ~":6f Tom Brown's Creek ad- Louis Tuthill Estate and the joining lands of Tuthill, UFFOLK, I W YORK, ?ss: J ~SON ....................... l~ing duly Sworn, .. is Printer and Publisher of the SUFFOLK S, a newspaper published nt Greenport, in said t th~ notice, of which the annexed is a printed published in the said Suffolk Weekly Times ~ek~ for ........ ~..N~: ............... weeks gutter, three e~lur~s: Southerly, about 450 feet, Estate about 690 feet. more or less; thence (2) PARCEL IV Southwesterly, 300 feet, more ~' 2.0 acres of meadow described or less; thence (3) as follows: Northerly by Southeasterly, 200 feet, more Margolina bout 188 feet; or less, to Long Beach Bay; Easterly by Tom Brown's thence along Long Beach Bay, Creek about 560 feet; two courses: Ill South- Southerly by Tom Brown's westerly, 300 feet, more or Creekabout 180 feet; Westerly less, thence ~2) Nor- by Demarest about 55O feet. thwesterly, 45O feet, more or The proposed grant of less, to land of J. Dreskoski; easement containing the thence along said land of J. terms and conditions thereof, Droskoski, eight courses: (1) and the land effected thereby, Northeasterly, 175 feet, more is on file in the Southold Town or less; thence 12) Nor- Clerk's Office, Town Hall. thwesterly, 58 feet, more or Main Road, Southold. New less; thence (3) Nor- York, and may be examiend theasterly, 140 feet, more or by any person interested less; thence (4) Nor- therein. thv~esterly, 76 feet, more or DATED: June 20, 1978 less; thence 15) Nor- BYORDEROF theasterly, 107 feet, more or TRESOUTHOLD less; thence (6) Westerly, 99 TOWN BOARD feet, more or less; thence (7) JUDITRT. TERRY Northwesterly, 102 feet, more TOWN CLERK or less; thence (81 Westerly, 1TJ29-3009 1.59 feet. more or less, to land easterly line of land of Roy Latham and Demarest; Lark. am, said point b6ing Easterly by Tom Brown's mmencing on the .... ~IITY..iXlII't.'IH ...... about 1974 feet southerly aloflg Creek; Southerly by Long said land of .Tuthill Estate Beach Bay, and westerly by a ~'.UI~E.. 1~. 8. /, from the southerly line of gutter leadingtoTom Brown's ' Main Road; runnin~ thence ' Creek, said parcel of meadow ( along said land o* Tuthill being k~own as "Sandman's Estate, three coarses: (ll Island." e me this .ffC. i ...... Southerly, !~0 feet, more or PARCEL Ill less: thence i2) Westerly and 1.5 acres of meadow souti~a'ly, 325 feet, .~.l~ln~ or described as follows: Nor- less; tlience (3) East~, 210 therly by Demarest about 105 feet, more or less, to ~c~rtain feet; Easterly by Demarest gutter leading to Lon~ch about 720 feet; Southerly by Bay; Thence along-said Tom Brown's Creek about 70 ' · feet; Westerly by Tuthill LEGAL NOTICE NOTICE OF H[ NO NOTICE IS HEREBY GIVEN, that a public hearing will be held by the Town Board of the Town of Southold, Suffolk Count)', New York at the Southold Town Hall. Main Road. Southold. New York on the llth day of Jul),. 1978. at 3:45 o'clock p.m. in the matter of the grant of scenic and'or censervation easement by Roy Latham to the Town of South- old to effect four parcels of real property ow .d by the said Roy Latham and described as follows: PARCEL I -- 28.2 acres described as follows: Beginn- ing at a point on the westerly line of land of Louis Tuthill Estate and the easterly line of land of Roy Latham. said point being about 1974 feet souther- ly along said land of Tuthill Estate front the southerly line of Main Road; running thence along said land of Tuthill Estate, three courses: (1) Southerly. 980 f&et, more or less; thenc~ (21 Westerly and southerly, 325 feet, more or less: thence (3) Easterly, 210 feet. more or less. to a certain gutter leading to Long Beach Bay; Thence along said gutter. three courses: (1) Southerly. about 4S0 feet. more or less; thence (21 Southwesterly, 300 feet. more or less: thence Southeasterly, 200 feet, more or less. to Long Beach Bay; thence along Long Beach Bay. two courses: I I) Southwester- ly. 300 feet. more or lcss. thence (2/ Northwesterly, 4S0 feet. more or less, to land of J. Droskoski; thence along said la~d of J. Dro~kosl~i. eight courses: ( 1 ~ Northeasterly. 17S feet, more or less; tbence (2) Northwester[y, S8 feet, more or less: thence (3) Northeaster- ly. 140 feet. more or less: thence (4) Northwesterly, 76 feet, more or less; thence Northeasterly. 107 feet, more or less; thence (6) Westerly, 99 feet, more or less; thence {7) Northwesterly. 102 feet, more or less; thence 18) Westerly. ISq feet, more or less. to land of S. Droskoski; thence along said land of S. Droskoski. two course: ~ 1) Northwesterly. 2S2 feet, more or less; thence 12) Westerly. 100 feet. more or less. to land of Lloyd Terry; thence along said land of Lloyd Tcrry. northerly 1010 feet, more or less. to other land of COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, t, as been published in said Long Island Traveler-Watch- / man once each week for ........ , ............................... week~ successively, commencing on the ...?..~ ................................. [....i.:...:: .................................... { ....... ::'......: ................ Sworn to before me this ..~...1 ................. okay at ...................... Ib along %aid land of 'Imhill ahmg smd land of Tuthill Southerly, 980 feet. more less: thenc~ {21 Wesrerly and southerly,. 325 f~et, more or thence ahlng Long Beach Ba5. I~. 300 feet, nlore htnd of J. Droskoski. eight or lcd, s: thence th) Westerly. gq Northuesterly. 102 feet, more l,qg t~et. more or less. to land of S. Droskoski: thence along said land of S. Droskoski. two course: ti} Northwesterly. 252 less, to land of Lloyd Terry: thence along said land of Lloyd Terry. northerly 1010 feet. ahmg said other land of Roy Latham. 580 feet. more or less. to the point of beginning. Containing at)proximately 14.9 PARCEL 11 8.9 acres of Northerly by the westerly' adjoining lands of Tuthill. 15 by Tom Broun's Creek: Sontherl5 by Long Beach Bay. leading to Toni Broa n's Creek, said parcel of meadow Island." PARCEl 111 1.3 acres of 10S feet: Easterly by Demarest about 720 feet; Southerly by feet: Westerly by luthilJ PARCEL IV -- 2.0 acres of Northerly b5 Margolin about 188 feet: Easterly b?, fora The proposed grant of ease- conditions thereof, and the land eft~cted thereby, is on file in Ihe Southold To',~n Clerk's Office. Tox~ n Hall, Main Road. Southold. New York. and may be examined by any person Dated June 20. 1o78 BY ORDER OF THE SOUTHOLD TOWN BOARD .JUDITH T. TERRY To:eh Clerk IT-6 20{532) · Sworn to before me this ..¢.'.~ ....... c~y o~ · ...................... LEGAL NOTICE NOTICE? OF HI NG NOTICE IS HEREBY GIVEN. that a public hearing will be held by the Town Board of the Town of Southold. Suffolk County. New York at the Southold Town Hall, Main Road, Southold, New York on the llth da) of July. 1078. at 3:48 o'clock p.m. in thc matter of the grant of scenic and or c®nservation easement by Roy Latham to the Town of South- old to effect tour parcels of real propert3 ox~ d by the said Roy Latham and described as follows: PARCEL I 28.2 acres described as tbllows: Beginn- ing at a point on the westerly Line of land of Louis Tuthill Estate and the easterly line of land of Roy Latham. said point being about 1974 feet souther- ly along said land of Tuthill Estate from the southerly line of Main Road; running thence along said land of Tuthill Estate. three courses: SoutherLy, 980 feet, more or less; thencq (21 Westerly and southerly. 325 feet. more or less; thence (3} Easterl.,,, 210 feet, more or less, to a certain gutter leading to Long Beach Bay; Thence along said gutter. three courses: il) Southerly. about 450 t~et, more or less: thence ,2) South~esterly. 300 feet. more or less: thence Sou~hcasterl:,. 200 fcet. more or less. to Long Beach Bay: thence alm~g Long Beach Bay, I 5, 300 lZ'ct, more or less. thence 12) Northwesterly. 450 Droskoski: thence along said land of J. Droskoski, eight courses: ( I ) Northeasterly, 175 Northwes[erty. 88 feet. more ly, 140 feet. more or less: thence 141 Northwesterly. Northeasterly. 107 feet, more or les,,; thence 16} Westerly. 99 feet. more or less: thence (71 Northwesterly. 102 feet, more or less: thence 18~ Westerly. 159 feet. marc or less. to land of S. Droskoski; thence along said land of S. Droskoski, two feet. more or less: thence (2} Westerly. lO0 feet. more or less. to land of Lloyd Terry: thence along said land of Llosd Terry. northerly 1010 feet, Roy Latham: thence easterly along said other land of Roy Latham. 580 feet. more or less, to tile point of beginning. Containing approximately 14.9 PARCEL Il -- 8.9 acres of meadow described as t~l[ows: NortherLy by the westerly ' adjoining lands of Tuthill, 15 by Tom Brown's ('reek: Southerl5 hy Long Beach Bay. leading to Tom Bro~ n's Creek, said parcel of meado,~ IsLand." PARCEL Ill --- 1.3 acres of meadow described as t~llows: Northerly by Dentarest about 10S feet: Easterly by Demarest about 720 t~-'et: Southerly by Tom Brown's Creek about 70 feet; Westerly by Tuthill Estate about 690 fee~. PARCEL IV 2.0 acres of Northerl3 by Margo[in about 18~ feet: Easterly by Tom Creek about 160 feet: Westerly bt, I)emarest about $$0 feet. Ihe proposed grant of ease- conditions thereof, and the land effected thereby, is on file in tile Southold Town Clerk's COUNTY OF SUFFOLK STATE OF NEW YORK Potricia Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is o printed copy, r, os been published in said Long Island Traveler-Watch- / man once each week for ........ , .... weeks succesSively, commencing on the ...?..~ ................................. /1 , Sworn to before me this ..C::..] ................ day at · ...................... Notary ublic '-d ............ STATE OF NEW YORK: COUNTY OF SUFFOLK: SS: Southold, age of 1978 notice JUDITH T. New 5fork, being duly sworn, twenty-one years; that on the she affixed a notice of which most public place in the Town York, to wit:- Town Clerk Bulletin is a true copy, in a proper and subs~tantial manner, of Southold, Suffolk County, TERRY, Town Clerk of the Town of says that she is over the 21st day of June the annexed prznted in a New Board, Town Clerk Office Main Road, Southold, N.Y. 11971 Notice of Public Hearing on grant of scenic and/or conservation easement by Roy Latham to Town of Southold. - 3:45 P.M. July 11, 1978. Judzth T. Terry, Tow~k Clerk Sworn to before me this 21st day of June 1978 ~Notary Public / LEGAL NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN, that a public hearing will be held by the Town Board of the Town of Southold, Suffolk County, New York at the Southold Town Hall, Main Road, Southold, New York on the llth day of July, 1978, at 3:45 o'clock P.M. in the matter of the grant of scenic and/or conservation easement by Roy Latham to the Town of Southold to effect four parcels of real property owned by the said Roy Latham and described as follows: PARCEL I 28.2 acres described as follows: Beginning at a point on the westerly line of land of Louis Tuthill Estate and the easterly line of land of Roy Latham, said point being about 1974 feet southerly along said land of Tuthill Estate from the southerly line of Main Road; running thence along said land of Tuthill Estate, three courses: (1) Southerly, 980 feet, more or less; thence (2) Westerly and southerly, 325 feet, more or less; thence (3) Easterly, 210 feet, more or less, to a certain gutter leading to Long Beach Bay; Thence along said gutter, three courses: (1) Southerly, about 450 feet, more or less; thence (2) Southwesterly, 300 feet, more or less; thence (3) Southeasterly, 200 feet, more Bay; thence along Long Beach Bay, Southwesterly, 300 feet, more or westerly, 450 feet, more or less, or less, to Long Beach two courses: (1) less, thence (2) North- to land of J. Droskoski; thence along said land of J. Droskoski, eight courses: (1) Northeasterly, 175 feet, more or less; thence (2) Northwesterly, 58 feet, more or less; thence (3) North- easterly, 140 feet, more or less; thence (4) Northwesterly, Page 2 Latham 76 feet, more or less; thence (5) Northeasterly, 107 feet, more or less; thence (6) Westerly, 99 feet, more or less; thence (7) Northwesterly, 102 feet, more or less; thence (8) Westerly, 159 feet, more or less, to land of S. Droskoski; thence along said land of S. Droskoski, two courses: (1) Northwesterly, 252 feet, more or less; thence (2) Westerly, 160 feet, more or less, to land of Lloyd Terry; thence along said land of Lloyd Terry, northerly 1010 feet, more or less, to other land of Roy Latham; thence easterly along said other land of Roy Latham, 580 feet, more or less, to the point of beginning. Containing approximately 14.9 acres of farm, 4.8 acres of woods, and 8.5 acres of meadow. PARCEL II 8.9 acres of meadow described as follows: Northerly by the westerly branch of Tom Brown's Creek adjoining lands of Tuthill, Latham and Demarest; Easterly by Tom Brown's Creek; Southerly by Long Beach Bay, and westerly by a gutter leading to Tom Brown's Creek, said parcel of meadow being known as "Sandman's Island." PARCEL III 1.3 acres of meadow described as follows: Northerly by Demarest about 105 feet; Easterly by Demarest about 720 feet; Southerly by Tom Brown's Creek about 70 feet; Westerly by Tuthill Estate about 690 feet. PARCEL IV 2.0 acres of meadow described as follows: Northerly by Margolin about 188 feet; Easterly by Tom Brown's Creek about 560 feet; Southerly by Tom Brown's Creek about 160 feet; Westerly by Demarest about 550 feet. Page 3 Latham The proposed grant of easement containing the terms and conditions thereof, and the land effected thereby, is on file in the Southold Town Clerk's Office, Town Hall, Main Road, Southold, New York, and may be examined by any person interested therein. DATED: June 20, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY TOWN CLERK PLEASE PUBLISH ONCE, JUNE 29, 1978, AND FORWARD TWO AFFIDAVITS OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, MAIN ROAD, SOUTHOLD NEW YORK 11971. Copies to the following on June 21, 1978: The Long Island Traveler-Watchman, The Suffolk Times Roy Latham .~05.x /~,A 7'kiAkH