HomeMy WebLinkAboutPage, David & Barbara Shinn1000-100-4-3.2
(f/k/a 1000-100-4-p/o 3)
Baseline Documentation
Premises:
2000 Oregon Road
Mattituck, New York
21.274 acres
Development Rights Easement
DAVID PAGE and BARBARA SHINN
to
TOWN OF SOUTHOLD
Deed dated March 20, 2000
Recorded April 4, 2000
Suffolk County Clerk - Liber 12032, Page 228
SCTM #:
Premises:
1000-100-4-3.2
(f/k/a 1000-100-4-p/o 3)
2000 Oregon Road
Hamlet:
Mattituck
Purchase Price:
Funding:
$183,600.00
(20.4 buildable acres
$9,000/acre)
Agricultural Lands -
Capital Funds
CPF Project Plan:
n/a
Total Parcel Acreage:
22.49 acres
Development Rights:
21.274 easement acres
(includes 0.874 acre electric
easement excluded from
purchase price)
Reserved Area:
1.21 acre (includes 2 story
framed house, 2 barns and 3
framed buildings)
Zoned:
A-C
Existing Improvements:
Shown on survey dated
November 1998-
Cultivated field with
overhead electrical
transmission lines
A. DESCRIPTION
1. LAND
The subject is a parcel of land having an area of 20.49+ acres. It should be noted
that it is part of a larger parcel having an area of 22.49+_ acres, however, for the purpose
of this appraisal we will exclude a 2 acre section containing the existing improvements.
The subject is further described as follows: having a westerly boundary of 1,492+-', running
thence 443+-' along Oregon Road, running thence southerly 218+-', thence easterly 200+-',
thence southerly 1,332+', thence westerly 653.85+-' for a total area of 20.49+- acres.
The above dimensions are taken from the Suffolk County Tax Map. We have
included a copy of the Tax Map in the addenda to this report.
Utilities (electric and telephone) are available along the property's road frontage.
Oregon Road is a two way, two lane, publicly maintained macadam paved road with
shoulders.
The property has a generally level topography and is cleared. It is situated at or
above road grade.
2. IMPROVEMENTS
The subject being appraised is unimproved vacant land. The existing improvements
on the larger parcel of which the subject is a portion, include a dwelling, barn, shed and
potato storage building. This improvements are not considered in this analysis.
given associates
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LAND PRESERVATION COMMII~EE
TOWN OF SOUTHOLD
LAND PRESERVATION COMMITTEE MEETING
MONDAY, AUGUST 16, 1999
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
MINUTES
Present were:
Dick Ryan, Ray Huntington, Joe Krukowski, Reed Jarvis
Noreen McKenna, Fred Lee, Meliss Spiro Bob Van Bourgondien,
Mark Lieb, Brian Murphy and Marion Sumner
Shinn/Page application - It is a 22.5 acre parcel on Oregon Road. They
would like to sell the development rights on 20 acres. Dick will be in
touch with them. We will go ahead with the appraisal process.
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PHOTOGRAPHS OF SUBJECT
Year 1999
VIEWS OF SUBJECT PROPERTY
given associates
pHoTOG~pHS
~TINUED)
Year 1999
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SUBJECT STREET SCENES
given associates
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Tax Map Location
~ A-C
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A-C /
Zoning Map]
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The Suffolk Times · .January 14, 1999
'Some big changes on Oregon Road'
Tracing a Tuthill
farm's heritage
Once there were so many Tuthills
on Oregon Road in north Cutchogue,
they called it Tuthilltown.
The Tuthill farm that will become
Shinn Vineyard is actually a little west
ot~Tuthilltown,'in north Mattituck, but
the feeling was the same, according to
one who was born and raised there.
"There've been some big changes
on Oregon Road," said David Tuthill,
who now lives in Sayville. "At one
time, from Mattituck Creek to Depot
Lane, it was nothing but potatoes and
cauliflower. Now it's grapes and sod.
Very few potatoes. Frank McBride
and son are about the only ones.
"These old memories," said Mr.
Tuthill. "We all used to help each
other out. If you were running late,
they'd come over with their trucks
and men and help out. It was a lot of
hard work. but a good
life." As time's gone by,
"I hated to see some of
old homes go," he said.
"Some got refurbished
but some just got let go.
It's a shame. There's a lot
of history there." Plus,
said Mr. Tuthill, as ev-
eryone knew back then,
the best soil on earth was
along Oregon Road.
This Tuthill tract was
woodland in 1890. Then
David's grandfather,
Edward Tuthill, cleared
the land and built the
house and started the
farm. Edward and Hattie Tuthill had
10 children, and the one who stayed
on to farm it was David's father, un-
official Mattituck mayor Allyn "Bus"
Tuthill, the man who dug most of
"downtown" Mattituck's basements
· with his beloved team of horses. (At
The Tuthlll farmhouse
his memorable funeral in 1996, his
children arranged for him to be borne
to the cemetery on a wagon pulled by
a team of horses.)
David Tuthill ran the farm in part-
nership with his father until the 1960s.
"It was tough to get help," said Mr.
Tuthill. "More and more of
the younger generation was
getting out. 1 had to look for
my future. So 1 went with the
phone company, and I've
been with them 30 years."
Grapes beat homes
The farm stayed in wheat,
corn and potatoes all 'these
years, the land leased to other
growers. Then Bus Tuthill
died. And finally it was time
to sell. "It just became too
much for my sister [Barbara
Tuthill Matthews of
Mattituck] and I to take care
of," said Mr. Tuthill. "We
h~ited to do it." And yet, he said, the
new owners are "very nice people,"
and "grapes are better than homes."
"I told [the new owners], I get the
first bottle of wine," said Mr. Tuthill.
Jeff Miller
years.
later'
1890s Tuthill
farm beComing
Shinn Vineyard
By Jeff Miller
MATTITUCK--The seeds of the
North Fork's next vineyard were sown
on a former Tuthill faire off Oregon
Road last week. Five years from now,
the new owners will be serving their
OWn wines in their own Greenwich
The buyers are Barbara Shinn and
David Page, owners of Home,
Drover's Tap Room and Home Away
From Home (catering), all in the
Village. They've purchased 22.5 acres,
including a ~00-year.old Victorian
farmhouse and four barns. "It's a fab-
ulous property," said Ms. Shinn.
"We'll be restoring [the farmhouse] to
its original condition, inside and out."
Meanwhile, they'll be planting vines
and watching them D-ow. "Root stock
is being shipped, some from Califor-
nia and some from New York," said
Ms. Shinn. "It takes about a year to
propagate, so we'll plant in the yea~
2000." And, without rushing things,
they exPect to pour their first Shinn
Vineyards wine around 2005.
Partners in business and life, the
couple visited a friend's rental on the
bay in Southold about eight years ago,
drove around
with the North
Fork, said Ms.
Shinn. They
finally bought
a house on the
Sound three
years ago, and
now spend half their time in the city
and half in Sou(hold, "Literally, 3.$
days and 3.5 days," she said, (Q:
Which 3.S do they gke best? A: The
one without the stacks of paperwork.)
All along, they fantasized about a
vineyard of their own, hopefully in
one specific place "We've always
loved Oregon Road," she said~ refer-
ring to the venerable Mattituek/
Cutehogue farm community. "One
day a week we'd just drive Oregon
Road, looking." Finally, recently, they
called Agano Realty in Cutehogae,
and their first stop was the Tmhig
farm, which had just become avail-
able. "It was just beautiful," said Ms.
Shinn. "We said, 'This is it.'" Cinsing
Coincidence or 'destiny'? .
Part of the charm was the coinci-
dence: The sellers were David and
Barbara Tut hill -- same first names as
the buyers. "We felt it was destiny,"
said Ms. Shinn.
Another coineldenee: Mr. Page'g
See Shinn, page 24
Shinn...
~-Frorn page 5
family has been in the beverage busi-
ness before. "His grandfather and
great-grandfather were Wisc,,o. nsin
bootleggers," said Ms. Shinn. They
grew rye and made 2,500 gallons of
rye whiskey a week. Drover's Rye
Whiskey." Allegedly, Al Capone was
In addition to the home-style cui-
sine of their restaurants, Ms. Sffinn
and Mr. Page also stress nearby
mestle (read: Long Island) on the
wine list. "We sell more Long Island
wines than any restaurant in New
York City," said Ms Sh nn. She added
hat hey "push" Long Island, "but
not that hard," Since the reputation
does most of the work these days.
And fairly soon they'l b¢ selling
their own w ne. Plans for the vineyard
call for planting mostly merlot, some
cabernets and some other reds, Ten
acres will be planted in 2000 and the
other 10 in 2001. Winery plans are
uncertain. For the short run, they
expect to have a wine~naker create
Shinn wines "from our own estate-
How does it feel to see this dream
~omin,g, true? "We're thrilled, Abso-
lutely,' said Ms. Shinn. "I can't stop
thinking about it "She was sa
Tut ' d. for he
hills to have to leave their farm
behind, but told them: "'It's in safe
hands.' I feel it'll always be a TuthilJ
property, I can feel their family
there."
Barbara
.Shlnn and
David
Page
strolling
the site of
theh
future
vineyard,
the fon~er
Tuthgl
farm on
Oregon
Road In
Mattltuck.
The farm*
house is in
back-
ground.
Suffolk Times
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ELIZABETH A. NEVIIJ~E
TOWN CLERK
REGISTI~AR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-6145
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
HELD ON OCTOBER 12. 1999:
RESOLVED that the Town Board of the Town of Southold hereby sets 5:07
P.M., Tuesday, October 26, 1999, Southold Town Hall, 53095 Main Road,
Southold, New York, as the time and place for a public hearing on the
question of acquisition of certain parcel of property from David Page and
Barbara Shinn , for purchase of development rights in agricultural lands
under Chapter 25 of the Town Code. Property located at south side of
2000 Oregon Road, Cutchogue, New York, SCTM # 1000-100-0Lt-003,
comprising approximately 22.L~ acres, at a price of $183,000.
Ehzabeth A. Neville
Southold Town Clerk
October 12, 1999
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter
~5, Agricultural Lands Preservation, of the Code of the Town of Southold,
~he Town Board of the Town of Southold will hold a public hearing on the
I6th of October 1999, at 5:07 P.M., on the question of the the acquisition
f certain parcel of property from David Page and Barbara Shlnn, for
~urchase of developme, nt rights in agricultural lands by the Town of Southold
m the following described property:
Suffolk County Tax Map No. 1000-100-0Lt-003 comprising approximately
!0.a, acres, located on the south side of 2000 Oregon Road, Cutchogue, New
i~ork, at a purchase price of $183,600.
FURTHER NOTICE is hereby given that a more detailed description of
:he above mentioned parcel of land is on file in the Southold Town Clerk's
:)ffice, Southold Town Hall, 53095 Main Road, Southold, New York, and may
~e examined by any interested person during business hours.
~)ated: October 12, 1999.
iBY ORDER OF THE SOUTHOLD TOWN BOARD.
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON OCTOBER 21, 1999, AND FORWARD ONE (1)
~FFIDAVIT 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 Committee
David Page and Barbara Shlnn
Town Clerk's Bulletin Board
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York
being duly sworn, says that on the 18th day. of October 1999
she affixed a notice of which the annexed printed notice is a true copy,
irt a properland substantial manner, in a most public place in the Town of
..!i' Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin
': Bo~rd~ Southold Town Hall~ 53095 Main Road, Southold, New York.
Legal Notice - Notice of Public Hearing on the purchase of development
rights in agricultural lands of Davdi Page adh Barbara Shinn at 5:07 P.M.
October 26, 1999.
Elizabeth A. (Neville
Southold Town Clerk
Sworn to before me this
ll{th day of Octnhfl. r , 1999:.
otary Public
JOYCE M. WILK1NS
Notary Publio, State of NewYork
No. 4952246, Suffolk County_
Term E.v. pirea June 12,
David Page & Barbara Shinn Farm - Development Rights Purchase.
SCTM #1000-100-04-003
My name is Dick Ryan. I serve as your Chairman of the Southold Town Land
Preservation Committee. I have a map here, which outlines the subject parcel under
consideration, located in the Hamlet of Mattituck.
This vacant farmland parcel is 22.4 acres in size. It has has frontage on the south side of
Oregon Road and lies between Mill Lane and Elijah's Lane. The parcel is zoned
Agricultural-Conservation, which permits single family residential development, but also
intends to control development of open lands, which are agriculturally productive. The
Haven Loam soil classification of this parcel, reflects its high agricultural productivity.
The parcel is currently fallow, in a cover crop. 2 acres is to be reserved for an existing
residence.
This farm parcel represents a link in a chain of agricultural land parcels along Oregon
Road that the Town and Suffolk County Farmland Preservation Programs have identified
for possible purchase and preservation. Adjacent and/or nearby farm parcels are already
preserved by town-owned Development Rights easements. The preservation of this
farmland parcel will serve to enhance efforts at consolidating large blocks of important
productive agricultural lands in the Town. The Southold Town Planning Board has been
consulted and has no objection to the proposed purchase.
The purchase price is $9,0000/acre, totaling approximately $183,600. The market value
of this proposed purchase reflects in part, the development potential and location of the
property. The value of the purchase is supported by an August 1999 appraisal prepared
independently by Given Associates ofHauppauge. A survey of the parcel will be
provided by the owner and is subject to adoption by the Land Preservation Committee.
Because of its agricultural value, its location, and its proximity to other existing
productive farmlands, this property has a high eligibility for preservation. The Land
Preservation Committee is unanimous in recommending this Development Rights
purchase. The purchase will most-certainly preserve and continue a rural character-
element of the Hamlet of Mattituck and the Town.
On behalf of the Land Preservation Committee, I urge the Town Board to accept the offer
of Development Rights for this parcel (as represented on an approved survey) and
RESOLVE to purchase the same pursuant to the provisions of Chapter 25 of the Town
Code, entitled "Agricultural Lands Preservation".
Thank you.
October 1999 rcr
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-6145
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
AOOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
HELD ON OCTOBER 26. 1999:
WHEREAS, the Town Board of the Town of Southold is considering the purchase of
development rights in agricultural lands pursuant to the provisions of Chapter 25,
Agricultural Land Preservation of the Southold Town Code, from Barbara Shinn and
David Page, said parcel identified by SCTM #1000-100-4-3 and consisting of
approximately 20.4 acres; and
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, 6 NYCRR 617.1 et.
seq.; be it further
RESOLVED, by the Town Board of the Town of Southold that the Town 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
Assessment Form prepared for this project is accepted and attached hereto; be it further
RESOLVED, by the Town Board of the Town of Southold that this action does not
present a significant adverse affect to the environment; be it further
RESOLVED, that the Town Board of the Town of Southold hereby declares a negative
declaration pursuant to SEQRA Rules and Regulations for this action
Southold Town Clerk
October 26, 1999
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Appendi= C
State Env(ronmentml QuaJil:y Review
SHORT ENVIRONMEHTAL ASSESSMENT FORM
For UNLINED ACTIONS Only
;--PROJECT INFORMATION (To be completed by Appiicant or Pmiect s~onsor)
~outhold To~n I~nd Preserv. Committe
SEQR
D. Page/B- Shinn Development Rights
c~=,w S u ffo Ik
2000 Oregon Rosd, ~iattituck
s/s Orezon Road
SCT~ ~1000-~00-0~-003 .
Purchase of a Devlopment Rights easement over approx. 20.h acres of
agricultural lands, pursuant to Chapter 25 of the Sodthold Town Code.
:nmtlallv 22. ~ ,.cms '.n!,,-~,~, ~A h,
a neighborhood of mixed residential and agricultural lan~s.
Approval of the Southold To~ Board...
.. m_.¥,, ~,o '-
c chairn
If the action ia in the Coastal Area, and you are a state agency, complefe the
Coastal Asse*ament Form before ~roceeding with ~is assessment
OVER
' I Appendix C
L State E,Ivironmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART i--PROdECT INFORMA~ON (To be cornpieted by ADplicant or Project sponsor)
SEQR
11.
If the action is in the Coastal Area, and you are a state agency, complete the
C-~astaJ Assessment Form betore proceeding with this assessment
OVER
· PART ilI--OETI~--~MINATION OF SIGNIF;CANCE [To be ~ml~le;ed by ~eh~)
~IN~U~ON~ For ~h ~eme ~ Id~tifi~ ~ ;~ine ~ [t Js su~ ~po~t or ome~se signifi~nL
E~ eff~ ~auid ~e ~ in ~nn~an wi~ i~ (al s~ng ~ ~ ar m~ (b) ~oao~i~ of ~mn~ (el du~tion; (~)
i~i~ili~ (~ g~c s~oe; ~d (~ m~n~ If n~=, ~ ;~me~ or ~fe~ ~n~ mat~al~ ~um that
Check t~is box if y~u ~ve identified o~e or more potent]ally I~e or signiRc~t ~vema' imp~ whic~ MAY
~occur. ~en ;ro~ di~ to ~e ~J~ ~P ~or p~ ~ p~sit~ de~fion. *
.~Chec~ th~ boz ~ ~u ha~ det~in~ bue~ on ~e [nfo~adon and ~;Ivsis ~ove ~d any suo~o~ing
documentation, ~t ~e propos~ a~Jon ~ NOT r~ult in ~y ~gniflcant 'aaveme environmental imams
AND provide on ~n~ ~ n~, ~he ~a~ suooa~ing this ~ete~ination:
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
M_4RRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-6145
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
HELD ON OCTOBER 26. 1999:
WHEREAS, the Town Board of the Town of Southold wishes to purchase the
development rights in the agricultural lands of David Page and Barbara
Sh|nn; and
WHEREAS, the Town Board held a public hearing with respect to said
acquisition on the 26th day of October, 1999, pursuant to the provisions of
Chapter 2S, Agricultural Land Preservation of the Southold Town Code; and
WHEREAS, the Town Board deems it in the public interest that the Town of
Southold acquire the developments rights in the agricultural lands set forth
in the proposed acquisition between the Town of $outhold and David Page
and Barbara Shinn, now, therefore be it
RESOLVED that the Town Board of the Town of Southold hereby elects to
purchase the development rights in the aforesaid agricultural lands owned
by David Page And Barbara Shinn, said parcel identified by SCTM #
1000-100-u,-3 and consisting of approximately 20.~ acres, which is subject to
results of a survey to be provided by property owner, at a cost of
$9,000.00 per acre.
Southold Town Clerk
October 26, 1999
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DEVELOPMENT RIGHTS PURCHASE AGREEMENT
THIS AGREEMENT, made the day of January 2000, between DAVID
PAGE and BARBARA SHINN residing at 19965 Soundview Avenue, Southold, NY 11971
hereinaf[er referred to as the "Seller" and the TOWN OF SOUTHOLD, a municipal
corporation of the State of New York having its office and principal office at 53095 Main
Road, P.O. Box 1179, Southold, New York, hereinafter referred to as the "Purchaser".
WITNESSETH
1) The Seller agrees to sell and convey, and the Purchaser agrees to purchase
the DEVELOPMENT RIGHTS, as hereinafter defined, in ALL that certain plot, piece or
parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and
State of New York, more particularly identified as Suffolk County Tax Map Parcel
#'s 1000- 100- 04- 003 the particular boundaries and descriptions to be determined
by the survey referenced in paragraph 4 which survey must be approved by the Land
Preservation Committee.
2) Development Rights, as authorized by 247 of the New York State General
Municipal Law, as amended shall mean the permanent legal interest and fight to permit,
require or restrict the use of the premises exclusively for agricultural production as that
term is presently defined in Chapter 25 of the Southold Town Code, and the right to
prohibit or restrict the use of the premises for any purposes other than agricultural
production or to subdivide same except in accordance with terms of paragraph 6 of this
agreetnent. By the sale of such Development Rights and interest the Seller shall be
deemed to have covenanted and agreed that the Seller, and the heirs, legal
representatives, successors and assigns of the Seller, shall only nse the premises, on and
alter the date of delivery ol' tile instrumen! ol'couveyance to tile [~urchaser, for tile
purpose ol'agricultural productiou. Such covenant shall run with tile land in perpetuity.
3) The power and purpose of the purchaser is limited to acquiring the
DEVELOPMENT RIGHTS iu lands used in bona fide agricultural production. The
purchase price will be adjusted in proportion to the area deemed suitable usiag the unit
price per acre as set forth herein.
4) PRICE: Tile purchase price is $9~000.00 per acre with the total
purchase price being $183,600.00 (One ltundred Eighty Three Thousand and Six
lhmdred Dollars al~d No Cent. s) Dollars based upon the Seller's estimation that the
premises contains approximately 20.4 suitable acres. The price will be adjusted to the
actual acreage suitable for, and used in, bona fide agricultural production as deternfiued
by survey. It is understood and agreed by and betweeu the parties to this contract that
the Seller has or will retaiu approximately ~_ acres of the premises identified by
Suflblk County Tax Map # from this sale.
Seller will have tile premises surveyed by a pro£essioaal engiueer or licensed land
surveyor of its choice, to determine the actual acreage of the area suitable for agricultural
production. The Seller is responsible for the cost of the Survey. Purchasers obligations
under this contract are conditioned ou and subject to the Town of Southold's Land
Preservation Committee approving the Survey and the acreage on which tile
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Development Rights are to be conveyed to the Town. The computation of acreage to
determine the purchase price shall not include land contained in tile bed of any easement;
public road, private road, or ot'any acres as to which any other person or the public may
have any rights, but title to the DEVI~2LOPMENT RIGHTS to all such areas as the Seller
may have shall, nevertheless, be conveyed to the Purchaser. There shall be no other
adjustments or apportionment's.
The purchase price shall be payable by Town of Soutbold check at the time of
closing.
5) The closing date shall be on or about at the
Southold Town Hall, Main Road, Soutbold, New York.
6) The Seller agrees that the underlying fee title retained by the Seller may
not be subdivided into plots by tile filiug of a subdivision map pu,'suaut to sections 265,
276 aud 277 of the Town [,aw and/or 335 ol'tbe Real Properly Law, or laws, amending or
replacing tile same. The underlying tee may be divided by conveyance of parts thereof
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to heirs and next of kin, by will or by operation of law, or with the written recordable
consent of the Purchaser. Subdivision shall also be defined to include the division of the
land covered by the Development Rights into two or more parcels in whole or in part.
[This provision does not prohibit subdivision of other adjoining propelly of Seller to
whicb development rights are not sold to Purchaser, nor does in prohibit subdivision of
tbat polfion of Seller's property (approxilnately ~_ acres identified in paragraph "4"),
which is reserved fi'om'this sale ("the Reserved") of Development Rights.
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7) The DEVELOPMENT RIGHTS hereunder are to be conveyed subject to:
(a) any state of facts an accurate survey may show, providing same does
not render title to the Development Rights unmarketable and provided
same does not prohibit the use of the parcel for Agricultural production as
defined in the Deed and further that such facts do not diminish the
approved appraised value of said property.
8) The Purchaser may make its determination of whether the premises are
free from all encumbrances, except as stated herein, on the basis of its own examination
of the title, or that of its agents, or a title report of a member company of the New York
Board of Title Underwriters, and may require the Seller to clear title exceptions raised to
the satisfaction of the Purchaser, and if any is involved, the title company. The
obligations of the Purchaser under this agreement are subject to and conditioned on the
Seller conveying a good, insurable and marketable title to the Development Rights of the
subject parcel free of all liens, encumbrances, covenants and exceptions. Should the
Purchaser's title search find title defects, the Sellers shall have a reasonable period to
correct such defects.
9) If at the date of closing there may be any other liens or encumbrances
which the Seller is obligated to pay and discharge, the Seller may use any portion of the
balance of the purchase price to satisfy the same, provided the Seller shall simultaneously
either deliver to the Purchaser at the closing of title, instruments in recordable form and
sufficient to satisfy such liens and encumbrances of record together with the cost of
recording or filing said instruments. The Seller agrees to sign such proper vouchers for
the closing check(s) as may be requested by the Town Comptroller at least two weeks
prior to the date fixed for closing. The Purchaser, if request is made in writing a
reasonable time prior to the date of closing title, agrees to provide at the closing separate
checks as requested, aggregating the amount of the purchase price, to facilitate the
satisfaction of any such liens and encumbrances. The existence of any such taxes or
other liens and encumbrances shall not be deemed objections to title if the Seller shall
comply with the foregoing requirements.
10) Ifa search of the title discloses judgments, bankruptcies or other returns
against other persons having names the same or similar to that of the Seller, the Seller
will, on request, deliver to the Purchaser an affidavit showing that such judgments,
bankruptcies or other returns are not against Seller, if such is the case.
11) In the event that the Seller is unable to convey title in accordance with the
. terms of this contract, the sole liability of the Seller will be to pay the cost of examining
the title, by the Purchaser, the Purchaser's agents, or the Purchaser's title company,
which cost is not to exceed the charges fixes by the New York Board of Title
Underwriters, the cost of any survey made in connection therewith incurred by the
Purchaser, and the cost of any environmental inspection, and upon such payment being
made, this contract shall be considered canceled.
12) The deed shall be in the form annexed hereto as RIDER "A", including the
covenants contained therein. The Purchaser shall prepare the Deed. The Deed shall be
duly executed and acknowledged by the Seller so as to convey to the Purchaser the
DEVELOPMENT RIGHTS of the said premises, free of all liens and encumbrances,
except as herein stated.
5
If the Seller is a corporation, it shall deliver to the Purchaser at the time of the
delivery of the Deed hereunder a resolution of its board of directors authorizing the sale
and the delivery of the deed, and a certificate by the secretary or assistant secretary
showing that the conveyance is in conformity with the requirements of 909 of the
Business Corporation Law. The Deed in such case shall contain a recital sufficient to
establish compliance with said section.
All instruments, documents or affidavits of any nature whatsoever required to be
filed in accordance with Article 3 l-B, New York State Tax Law, entitled "Tax on Gains
Derived from Certain Real Property Transactions" at the New York State Tax
Commission incidental and necessary for recording a deed in the County Clerk's Office
shall be furnished by the Seller to the Purchaser at or before the closing of title.
In addition thereto, the Seller shall produce receipts for the payments of any tax
imposed as well as any receipts for payment of any tentative assessments imposed or in
lieu thereof, furnish to the Purchaser at the time of the ~losing, a certified check to be
applied in full payment thereof in order to permit the County Clerk to record the deed of
conveyance. Failure to produce the documents and other instruments, including aforesaid
payments, shall result in the closing being adjourned until such items are produced. In
the event compliance with Article 31-B aforesaid is impossible of performance in the sole
opinion of the Purchaser, then in such event, this contract shall be deemed null and void
and thereafter, the Seller shall pay the reasonable expenses of the Purchaser for title
searches, surveys or environmental inspections.
13) The Town may enter upon the property, prior to closing, at reasonable
times for surveying, and other reasonable purposes related to this transaction.
14) The Town shall have the right to conduct an environmental inspection and
assessment of the property. The Town's obligations under this agreement are subject to
and conditioned on the property receiving and passing an environmental inspection, if the
Town so orders an environmental inspection prior to closing. The Seller shall have the
right to remedy any defects raised by an environmental inspection. If Seller declines to
do so, Purchaser may waive the benefits of this provision or terminate the contract.
15) The Seller, simultaneously with the execution and delivery of this
Agreement, has also delivered the required to comply with all disclosure requirements as
imposed upon the Purchaser through the various local laws as enacted. The Seller further
agrees to file and execute all affidavits, documents and vouchers as may be required by
said local laws, rule, regulations, ordinances, statutes and resolutions of the Town of
Southold or the Town Board of the Town of Southold.
16) The deed, as set forth in Rider "A", shall be delivered upon the receipt of
said payments at the office of the Supervisor, Southold Town Hall, Main Road, Southold,
New York.
17)
18)
The parties agree that no broker brought about this sale.
The Seller represents that:
a) the premises are agricultural land used for bona fide
production as defined herein; and
b) that at no time, to the Seller's knowledge, and during Seller's
ownership, has the premises been used, except in the course of normal
agricultural
and
customary agricultural usage, for the generation, storage, or disposal of hazardous
substances, or as a landfill or other waste disposal site; and that there are
no hazardous substances or toxic waste in or on the property that may affect the property
or any use thereof or that may support a claim or cause of action under common
law or under any federal, state or local environmental Statute, regulation, ordinance
or any other environmental regulatory requirement, nor has any action been
instituted for enforcement of same.
c) that, to the Seller's knowledge, there are not now, nor have there
ever been, underground storage tanks, on the premises to which development rights
are being sold; and
d) that to Seller's knowledge there are no actions, suits, claims or
proceedings seeking money damages, injunctive relief, remedial actions or any
other remedy pending or threatened relating to a violation or non- compliance with any
Environmental Law; or the disposal, discharge or release or solid wastes, pollutants or
hazardous substances; or exposure to chemical substances, noises or vibrations to the
extend the same arise from the condition of the premises or Seller's ownership or use of
the premises.
19) It is understood and agreed that all understandings and agreements had
between the parties hereto have merged into this contract, which, with the Riders, fully
and completely expresses their agreement, and that the same is entered into after full
investigation neither party relying upon any statement or representation made by the
other, not embodied in this contract.
20) This Agreement may not be changed or terminated orally. The stipulation
aforesaid are to apply to and bind the heirs, executors, administrators, successors and
assigns of the respective parties.
21) Binding Effect: The terms and conditions of this agreement shall apply to
the heirs, executors, administrators, successors, and assigns of the Seller.
22) The Purchaser's obligation to purchase is subject to and conditioned upon
the accuracy of the representations and warranties of the Sellers.
23) If the Seller defaults hereunder, Purchaser shall have such remedies as
Purchaser shall be entitled to at law or inequity, including, but not limited to specific
performance.
24) At Closing, certified, official bank, or attorneys escrow checks payable to
the order of the appropriate State, City or County officer in the amount of any applicable
transfer and/or recording tax payable by reason of the delivery or recording of the deed or
mortgage, if any, shall be delivered by the party required by law or by this contract to pay
such transfer and/or recording tax, together with any required tax returns duly executed
and sworn, and such party shall cause any such checks and returns to be delivered to the
appropriate officer promptly after Closing. The obligation to pay any additional tax or
deficiency and any interest or penalties thereon shall survive Closing.
25) If two or more persons constitute the Seller, the work "Seller" shall be
construed as if it read "Sellers' whenever the sense of this Agreement so requires.
26) Any sums paid on account of this contract and the reasonable expenses of
the examination of title to said premises and of the survey and of the environmental
assessment, if any, made in connection therewith are hereby made liens on said premises,
but such liens shall not continue after default by the Purchaser under this contract.
1N WITNESS WHEREOF, this Agreement has been duly executed by the parties
hereto on the day and year first above written.
Seller:
Purchaser:
Town of Southold
~[~an W. Cochran, Supervisor
Attest:
Approved as to Form:
Town Attorney
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CLOSING STATEMENT
DAVID PAGE and BARBARA SHINN
to TOWN OF SOUTHOLD
Development Rights Easement - 21.274 acres
(includes 0.874 LIPA easement)
20.4 buildable acres @ $9,000/acre
Premises: 2000 Oregon Road, Mattituck
SCTM #1000-100-4-p/o 3
Closing held on Monday, March 20, 2000,
at Southold Town Hall
Purchase Price of $183,600.00 disbursed as follows:
Payable to David Page and Barbara Shinn
Check #54498 (3/20/00)
$ 183,600.00
Expenses of Closing:
Appraisal
Payable to Patrick A. Given, SRPA
Check #54021 (10/12/99)
$ 1,600.00
Title Report
Payable to Commonwealth Land Title Ins. Co.
Check #54499 (3/20/00)
Fee insurance $1,053.00
Recording deed $ 97.00
$ 1,150.00
Title Closer Attendance Fee
Payable to Karen Hagen, Esq.
Check ~54500 (3/20/00)
$ 50.00
Those present at Closing:
Jean W. Cochran
Gregory F. Yakaboski, Esq.
David Page
Barbara Shinn
Deborah Doty, Esq.
Karen Hagen, Esq.
Dick Ryan
Southold Town Supervisor
Attorney for Town of Southold
Seller
Seller
Attorney for Seller
Title Company Closer
Land Preservation Committee Chairman
TOWN OF SOUTHOLD
53095 MAIN ROAD
SOUTHOLD, NEW YORK 11971-0959
DATE CHECK NO.
3/20/2000 054498
PAY TO
THE DAVID PAGE AND BARBARA SHINN
ORDER 19965 SOUNDVIEW AVENUE
OF SOUTHOLD NY 11971
NO. 054498
$183,600.00
H2.8686.2.000.000
1000-100-04-003
20.4 acres development
rights
$183,600.0
TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959
PATRICK A. GIVEN, SRPA
box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306
September 15, 1999
Town of Southold
Land Preservation Committee
53095 Main Road
Southold, NY 11971
RE: Property of David Page and Barbara Shinn
Located Southerly Side of Oregon Rd, East Mattituck, NY ~.
S.C.T.M. #1000-100-4-3
Appraisal #99219
]8S 20 TOWN OF SOUTHOLD
** Actual
Vendor.. 007416 GIVEN, SRPA/PATRICK
Y
JE Date Trx. Date Fund Account
............................. Begi
2/18/1999 2/18/1999 H1 .600
ii 10112/1999 1011211999 H1 .600
,, 10/12/1999 10/12/1999 H1 .600
~ 10/12/1999 10/12/1999 ~1 .600
,, 10/12/1999 10/12/1999 H1 .600
,, 10/26/1999 10/26/1999 H1 .600
,, 10/26/1999 10/26/1999 H1 .600
,, 3/14/2000 3/14/2000 H2 .600
,, 3/14/2000 3/14/2000 H2 .600
, , 3/%4/2000 3/14/2000 H2 .600
, , 3/14/2000 3/14/2000 H2 .600
,, 3/14/2000 3/14/2000 H2 .600
, , 3/14/2000 3/14/2000 H2 .600
, , 3/14/2000 3/14/2000 H2 .600
,, 4/11/2000 4/11/2000 H2 .600
......................... Use Acti
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-10121999-223 Line: 87 Formula: 0 :
: Account.. H1 .600 :
: Acct Desc ACCOUNTS PAYABLE :
Trx Date ..... 10/12/1999 SDT 10/13/99
Trx Amount... 1,600.00
Description.. APPRAISAL-PAGE/SHINN
Vendor Code.. 007416
Vendor Name.. GIVEN, SRPA/PATRICK A.
Alt Vnd..
CHECK ........ 54021 SCNB
Invoice Code. 99219
VOUCHER ......
P.O. Code .... 05944
Project Code.
Final Paymen~ P Liquid.
Type of 1099. M BOX. 07 Addl.
Fixed Asset.. N
Date Released 10/12/1999
Date Cleared. 10/31/1999
F3=Exit F12=Cancel
TOWN OF $OUTHOLD
53095 MAIN ROAD
SOUTHOLD, NEW YORK. 11971-0959
NO. 0.54499
D~E CHECK NO.
3/20/2000 ~ 054499
AMOUNT
$1,150.00
'AYTO COMMONWEALTH LAND TITLE INS. CO, INC,
).DERoF 1777 ~E~S ~0R"IAL HIGHWAY
IS~j~ 1!722
ll"OS~qqqll' m==OS&~Oc;q&~*-= r~ OOOOOq 0,"
H2.8686.2,000.000
1000-100-4-3
Page/Shinn Title Fees $1150.00
TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959
Karen~J. Hagen
Attomey at Law
2675 Kerwin Blvd.
Greenport, N.Y. 11944
Telephone (631) 477-3466
Fax (631) 477-3466
II'OC;L,c;o011' I:O~].hOC;I,r~L,l: r~3 oooool~ o11,
H2.8686.2.000.000
Iffi'li'l
1000-100-4-3
Page/Shinn-Closer fee
$50.00
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12032 228 --
Number of pages y
TORRENS
Serial #
Certificate # '
Prior Cti~ #
Deed / Mortgage lns~ament
41
Page / Filing Fee (~ --
Handling
TP-584
Notation
F~-52 17 (County)
KP.T.S.A.
Comm. of Ed. 5 O0
Affidavit
Certified Copy
Reg. Copy
Other
RECEIVED
, O
RE~I, ~TAT~
APR 0 4 2000
TRN~R[R TAX
SUe'FOLK
COUNTY
35549
Deed / Mortgage Tax Stamp
FEES
-- 'HDTOTA, 8 q X,,
RECORO~
EDWARD R ROMAINE
CLERK OF
SUFFOLK COUNTY
Recording / Filing Stamps
Real Property Tax Service Agency Verification
Dist. Section B lock
Lot
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
Or
Spec./Add.
TOT. MTG. TAX
Dual Town Dual County__
Held for Apportionment --
Transfer Tax I~)
Mansion Tax
The property covered by this mortgage is or
will be improved by a one or two family
dwelling only.
YES -- or NO
If NO, see appropriate tax clause on page #
-- of this inslxument.
Community Preservation Fund
Consideration Amount $/~. ~ZTD.~
CPF Tax Due $ ~9
Satisfactions/Discharges/Releases List Property
~, M ~/R~,com~ & R~TURN TO:
$_ RECEIVED
APR 0 4 2000
CC~MUNITY
FUND
Land
Title Company Information
Co, Name
Title #
Suffolk County Recording Page
This page forms part ofthe atl~hed ~)e~::~d .o~ /P~//to/tg~,-r"~e~ ¢ _ ~ .
(SPEC~ TYPE OF IN~R~ ) ~/~" 7~q made bY'
.d)C?//' / ~/~ .~d~(e C~,~/w-d The premises herein is situated in
TO 'I1 the Township of
c or HAMLET of
BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO R~ING OR FILING.
COVER}
DEED OF DEVELOPMENT RIGHTS
THIS INDENTURE, made this 20th day of March, 2000 BETWEEN
David Page and Barbara Shinn, residing at 19965 Soundview Avenue,
Southold, New York 11971, party of the first part,
AND the TOWN OF SOUTHOLD, a municipal corporation having its office
and principal place of business at Main Road, Town of Southold, County of
Suffolk and State of New York, party of the second part;
WITNESSETH, that the party of the first part, in consideration of
$183,600.00 (One Hundred Eighty-three Thousand Six Hundred Dollars)
lawful money of the United States and other good and valuable consideration
paid by the party of the second part,
DOES HEREBY GRANT AND RELEASE unto the party of the second
part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by
which is meant the permanent legal interest and right, as authorized by section
247 of the New York State General Municipal Law, as amended, to permit,
require or restrict the use of the premises exclusively for agricultural production
as that term is presently defined in Chapter 25 of the Town Code of the Town of
Southold, and the right to prohibit or restrict the use of the premises for any
purpose other than agricultural production, to the property described as follows:
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ALL that certain plot, piece or parcel of land, situate, lying and being in
the Town of Southold, County of Suffolk and State of New York, bounded and
described as follows:
SCHEDULE A - DE$CR.TPT[ON
AI~ENDED 3/20/2000
ALL that certain plot, piece or pane of land, situate, I¥in0 and being at Nattit~cl<, in the Town of Southold,
CounLy of Suffolk and State of New York~ bounded and described as follows:
BEGINNING at a point located on the southerly side of Oregon P, oad distant 662.35 feet easterly from the
Intersection of Oregon P, oad with the easterly aide of t4111 Lane, and from said paint of beginning continuing
along the southerly side of'Oregon Eoad easterly on a course, North 59 degrees 10 minutes [9 seconds East,
SOO.OOfeet to a point;
THENCE southerly along the lands of Page and Shlnn, South 2~ degrees 27 minutes O0 seconds East, 267.07
feet to a point;
THENCE continuing along the lands of Page and Shlnn~ North 67 degrees 34 minutes ~2 seconds East, :135.94
feet; ..
THENCE southeHy and parallel being ten (10} feet off the property line of Page and Shinn with Sidor, owner to
the eastf ~outh 22 degrees 25 minutes 48 seconds East~ [,2:39.2S feet to a point;
THENCE South 37 degrees 26 minutes O0 seconds West~ SO,60 feet to a point and the lands of Courtney and
the Town of. Southold (having development rights thereto);
THENCE westerly, South 64 degrees 19 minutes O0 seconds West, 600.00 feet to the lands of Krupski and
Sldor;
THENCE atong said lands, North 2~, d~grees 47 minutes 00 seconds West, 1,492,80 feet to the point or place
of BEGZNNING.
TOGETHER with the non-exclusive right, if any, of the party of the first
part as to the use for ingress and egress of any streets and roads abutting the
above described premises to the center lines thereof.
TOGETHER with the appurtenances and all the estate and rights of the
party of the first part in and to said premises, insofar as the rights granted
hereunder are concerned.
TO HAVE AND TO HOLD the said Development Rights in the premises
herein granted unto the party of the second part, its successors and assigns,
forever;
AND the party of the first part covenants that the party of the first part has
not done or suffered anything whereby the said premises have been
encumbered in any way whatever, except as aforesaid. The party of the first
part, as a covenant running with the land in perpetuity, further covenants and
agrees for the party of the first part, and the heirs, legal representatives,
successors and assigns of the party of the first part, to use the premises on and
after the date of this instrument solely for the purpose of agricultural production
as defined herein.
AND the party of the first part, as a covenant running with the land in
perpetuity, further covenants and agrees for the party of the first part, and the
heirs, legal representatives, succesors and assigns of the party of the first part,
that the parcels of real property described herein are open agricultural lands
actually used in bona fide agricultural production as defined in GML section 247
3
as shall remain open lands actually used in bona fide agricultural production.
This covenant shall run with the land in perpetuity.
AND the party of the first part, covenants in all aspects to comply with
Section 13 of the Lien Law, as same applies with said conveyance.
THE party of the first part and the party of the second part do hereby
convenant and agree in perpetuity that either of them or their respective heirs,
successors, legal representatives or assigns, shall only use the premises on and
after this date for the purpose of such agricultural production and the grantor
covenants and agrees that the underlying fee title to the property described
herein may not be subdivided into plots by the filing of a subdivision map
pursuant to Sections 265, 276 and 277 of the Town Law and Section 335 of the
Real Property Law, or any of such sections of the Town or Real Property Law or
any laws replacing or in furtherance of them. The underlying fee may be divided
by conveyance of parts thereof to heirs and next of kin, by will or by operation of
law, or with the written recordable consent of the Purchaser. This covenant
shall run with the land in perpetuity.
THE word "party" shall be construed as if it reads "parties" whenever the
sense of this indenture so requires.
THE party of the first part, the heirs, legal representatives, successors
and assigns of the party of the first part covenants and agrees that it will (a) not
generate, store or dispose of hazardous substances on the premises, nor allow
4
others to do so; (b) comply with all of the Environmental Laws; allow party of the
second part and its agents reasonable access to the premises for purposes of
ascertaining site conditions and for inspection of the premises for compliance
with this agreement after notice. This covenant shall not preclude lawful,
normal and proper application of legal fertilizers, pesticides and fungicides for
legitimate agricultural purposes. This covenant shall run with the land in
perpetuity.
THE party of the first part, its heirs, legal representatives, successors
and assigns of the party of the first part covenants and agrees that it shall
indemnify and hold party of the second part and any of its officers, agents;
employees, and, their respeciive successors and assigns~ harmless from and
against any and all damages, claims, losses, liabilities and expenses, including,
without limitation, responsibility for legal, consulting, engineering and other costs
and expenses which may arise out of (1) any misrepresentation in any
representation or warranty made by seller in this agreement; (2) the breach or
non-performance of any convenants required by this agreement to be performed
by the party of the first part, subsequent to the closing of title herein; or (3) any
action, suit, claim, or proceeding seeking money damages, injunctive relief,
remedial action, or other remedy by a party other than Purchaser, its agents or
employees, by reason of a violation or non-compliance with any environmental
law; or the improper disposal, discharge or release of solid wastes, pollutants or
hazardous substances; or exposure to any chemical substances, noises or
vibrations to the extent they arise from the ownership, operation, and/or
5
condition of the premises prior to or subsequent to the execution of the deed of
Development Rights. This covenant shall run with the land in perpetuity.
AS set fodh in Chapter 25 of the Town Code of the Town of Southold
DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of
that chapter shall not thereafter be alienated, except upon the affirmative vote of
a majority of the Town Board after a public hearing and upon the approval of the
electors of the Town voting on a proposition submitted at a special or biennial
town election. No subsequent amendment of the provisions of this subsection
shall alter the limitations imposed upon the alienation of development rights
acquired by the Town prior to any such amendment. This covenant shall run
with the land in perpetuity.
IN WITNESS WHEREOF, the party of the first part has duly executed this
deed the day and year first written above.
Seller: D ~P~~~E~
BARBARA SHINN
Purchaser:
Town of Southold
JEAN W. COCHRAN, SUPERVISOR
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12032 { 228
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
)SS:
On the 20th day of March, 2000, before me personally appeared DAVID PAGE,
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, and that by his signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the
instrument. /
Notary Public~/ ' (--)
KAREN J. HAGEN
NOTARY PUBUC. State of New York
No. 02HA4927029
Qualified in Suffolk County
~i~on F. xpir~ ~ 21. ~0 ~
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
On the 20th day of March, 2000, before me personally appeared BARBARA SHINN,
personally known to me or provided to me on the basis of satisfactory evidence to be the
individual whi~se hame is subscribed to the within instrument and acknowledged to me
that she executed the same in her capacity, and that by her signature on the instrument,
.the individual, or the person/upon behalf of which the individual acted, executed the
Notary Public ~
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
KAREN J. HAGEN
Qualified in Su~oik
)SS:
On the 20th day of March, 2000, before me personally appeared JEAN W. COCHRAN,
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 she executed the same in her capacity, and that by her signature on the instrument,
the individual, or the municipal co/rporation upon behalf of which the individual acted,
executed the instrum/ex~ 'h ]
N ry ' - ,2~aEfl~.Hk . .
ll~lO~d in Suffolk County ~ -~
Qua' ~ ~
~ommission Expires March 21, 20 ~
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C SULT YOUR LAWY~ R BEFORE SIGNING THIS INBTRUMEHT-THIS IHETRUMEHT SHOULD BE USED BY LAWYERS ONLY
· GREEMENT, made the I z/./LJ~ day of February, 2000 ~
BETWEEN
GMAC MORTGAGE CORPORATION
3451 Hammond Avenue
Waterloo, IA 50702
party of the first part, and
TOWN OF SOUTHOLD
Main Road
Southold, NY 11971
party ofthe second part,
WITNESSETH:
WHEREAS, the said party of the first part now owns and holds the following mortgage and the bond or note
Mortgage dated the 5~ day of February, 1999, made by
to DAVID PAGI~ ~-m~J~RBARA SHINE, being married
GMAC MORTGAGE CORPORATION
in the principal sum of $ 348,000.00 and recorded in Liber/Reel 19459 of $¢c::c,,, of Mortgages, Page 473 in the
office of the Clerk of Suffolk County covering promises hereinafter mentioned or a part thereof, and
WHEREAS,
DAVID PAGE & BARBARA SHINE, the present owner of the premises hereinafter mentioned is about to execute
and deliver to said party of the second part, Deed of Development Rights to the Town of Southold, covering
the premises described In Schedule P~ hereto (which premises ts a portion of the premises covered by the
saldmortgage) and more fully described in said mortgage, and
WHEREAS, said party of the second part has refused to accept said Deed of Development Rights unless said
mortgage held by the party of the flint part be sbbordinatad in the manner hereinafter mentioned,
NOW THEREFORE, in consideretion of the premises and to induce said party of the second part to accept said
Deed of Development Rlghts and also in consideration of one dollar paid to the party of the flint part, the receipt
whereof is hereby acknowledged, the said party of the first part hereby covenants and agrees with said party of
t~e second part that said mortgage held by said party of the first part be and shall continue to be subject and
subordinate to the said Deed of Development Rights about to be delivered to the party of the second part
hereto.
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, successors and assigns. The word "party"
shall be constrfled as if it read "parties" whenever the sense of this agreement so requires.
IN W/TNESS WHEREOF, the said party of the first part has duly executed this agreement the day and year first
above written.
.... MO.TGAG CORPORAT,O,
.~'I~TOWN OF SOUTHOLD
BARBARA SHINN
Standard N.~.B.T.U. Fom~ 8030 - Sub~xdinattan Agreement (of Mortgage) - Uniform Acknowfedgrnenl
Form 326?
undersigned, a Notary Public in and for said State, personally undersigwed, a Nota~ Public in and for said Sta e, personally
appeared appeared
JEAN W. COCHRAN
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 be/she/they executed same in his/her/their
capecity(ies), and that by his/her/their signature(s) on the
imtmment, the ththviduai(s), or the person upon behalf of
which the individual(s) acted, executed the instrument.
( 'gnat'are and office of ~'~i~ersoh taking ac~owledgment)
KAREN & HAGEN
NOTARY PUBLIC, State of New York
No. 02HA4927029
Qualified in Suffolk County
Ooffimlaal~l Expl~8 March 21~';g~0
DAVID PAGE & BARBARA SHINN
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 instrumem and acknowledged to
me that he/she/they executed same in his/her/their
capaaity(ies), and that by his/her/their signature(s) on the
instmmem, the individual(s), or the person upon behalf of
which the individual(s) acted, execfted the instnm~ent. ·
· RAR~X/J. HAOk~l pe ~ting - wledgment)
~'OTfiRY PUBLIC, $tat~ of N~ York
No. 0~HA4927029
~ualifiad in Suffolk Oour~/
~ml~l~n ~tma Maroh 21, 20
SUBORDINATION AGREEMENT
TITLE NO. Rlt70993178
STATE (OR DISTRICT OF COLUMBIA, TERR/TORY, OR FOHEIGN COUNTRY) OF IOWA S$:
On the ! 4thday of February in the year 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared
Sheryl McNally, Assistant Vice President
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.be/sbe/they executed same in his/her/their capeaity(ie,), 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,
and that such individuai made such appearance before the undersigned th the
. Waterloo in Black Hawk County, Iowa
(inset t the City or other political subdivision) (and insert (~_~.~t~or ~Country or ~ef place the acknowledgment was taken)
(signature and office of the person taking acknowledgment)
Dana Prestemon
DIST·
SECTION
BLOCK
LOT
COITNTY OR TOWN
SUffolk/Somhold
TO
CO1VflVIO~.,LLTH LANI) TITLE INS. CO.
RETURN BY MAIL TO:
TOWN OF $OUTHOLD
Main Road
Southold, NY 11971
Description of Property to given up to Development Rights to the Town of Southold
Property Owners: David Page and Barbara Shinn.
All that certain piece or parcel of land located at Mattituck, Town of Southold, Suffolk County,
New York, and being more fully described as follows:
Parcel One:
BEGINNING AT A POINT located on the southerly side of Oregon Road distant 662.35 feet
easterly fi.om the intersection of Oregon Road with the easterly side of Mill Lane, and fi.om said
point of beginning continuing along the southerly side of Oregon Road easterly on a course
North 59 degrees 10 minutes 19 seconds east 500.00 feet to a point, thence southerly long the
lands of Page and Shinn South 21 degrees 27 minutes 00 seconds east 267.07 feet to a point,
thence continuing hlong the lands of Page and Shinn North 67 degrees 34 minutes 12 seconds
east 135.94 feet, thence southerly and parallel being 10 feet offthe property line of Page and
Shirm with Sidor, owner to the east, south 22 degrees 25 minutes 48 seconds east 1,239.25 feet
to a point, thence south 37 degrees 26 minutes 00 seconds west 50.60 feet to a point and the
lands of Courtney and the Town of Southold (having development rights thereto), thence
westerly south 64 degrees 19 minutes 00 seconds west 600.00 feet to the lands of Kmpski and
Sidor, thence along said lands north 21 degrees 47 minutes 00 seconds west 1,492.80 feet TO
THE POINT OR PLACE OF BEGINNING, consisting of 21.274 acres more or less.
Parcel Two:
EXCEPTING THEREFROM a utility easement being 60 feet in width as owned by LIPA located
and described as follows: From said POINT OF BEGINNING as described above and preceding
southerly on a course south 21 degrees 47 minutes 00 seconds east a distance of 500.02 feet to
the BEGINNING OF SAID EASEMENT; thence north 72 degrees 38 minutes 16 seconds east
634.13 feet, thence south 22 degrees 25 minutes 48 seconds east 60.24 feet, thence south 72
degrees 38 minutes 16 seconds west 634.81 feet, thence north 21 degrees 47 minutes 00 seconds
west to the POINT OF BEGINNING OF SAID UTILITY EASEMENT, consisting of 0.874
acres..
Total area of property to be given up for development rights to the Town of Southold being the
difference between the total area in parcel one and parcel two being 20.4 acres, more or less.
The above description is based on a property survey done by John C. Ehlers, L.S., dated
November 5, 1998 and found on Suffolk County Tax Map number 1000-100-04-003.
THE UNDERSIGNED, being the holder of a mortgage affecting the premises described in
Exhibit A, hereby consents to the foregoing declaration.
GMAC MORTGAGE CORPORATION
Sheryl McNall~, Ass't Vfce Pl~s.
STATE (OR DISTRICT OF COL'YYlVIRIA, TERRITORY, OR FOREIGN COUNTRY) OF IOWA SS:
14th
On the ' n day of February in the year 2.000, before me, the u~dersigned, a Notary Pnblic L~ and for said State,
personally appeared
Sheryl McNally, Assistant Vice President
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 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, and that such individual made such
appearance before the undersigned in the
Waterloo
(insert the City or other political subdivision)
in Black Hawk County, Iowa
(and insert the State or Country or other
/x~( ~lace the acknowledgment was taken)
(signature and office of the person taking acknowledgment)
Dana Prestemon
T
I
T
L
E
P
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L
I
C
Y
ISSUED BY
CO~I~O~nV~A~TH LA~D Tn328 I~SURA~C~
OWNER'S POLICY OF TITLE INSURANCE
Commonwealth
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein
called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated
in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein:
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4, Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it~ corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the CompanY.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
By:
President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve-
ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula-
tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting thc land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting thc land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, hens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Pofi. ey, but known to the insured claimant and not disclosed
in writing to thc Company by the insured claimant prior to thc date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer
results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
Valid Only If Schedules A and B and Cover Are Attached
NM 1 PA10
ALTA Owner's Policy (10-17-92)
Form 1190-1 Face Page
File No.: RH70993178
LandAmerica
Commonwealth
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLICY)
ATTACHED TO AND MADE A PART OF POLZCY NO. RH70993178
I'SSUED BY
COMMONWEALTH LAND TZTLE INSURANCE COMPANY
1. The following is added to the insuring provisions on the face page of this policy:
"5. 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. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy:
'(d) if the recording date of the instruments creating the insured interest is later than the policy
date, such policy shall also cover intervening liens or encumbrances, except real estate taxes,
assessments, water charges and sewer rents."
Nothing herein contained shall be construed as extending or changing the effective date of the policy unless
otherwise expressly stated.
This endorsement, when countersigned beJow by a validating signatory, is made a part of the policy and is
subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified
by the provisions hereof.
Dated: MARCH 20, 2000
Issued at:
Commonwealth Land Title Znsurance Company
177 Old Country Road, PO Box 419
Riverhead, NY 11901
By.
Authorized Officer
Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/:~7/92)
TQ10037NY (7/99)
File No.: RH70993178
SCHEDULE A
LandAmerica
Commonwealth
Amount of Insurance: $183,600.00
Date of Policy: MARCH 20, 2000
1. Name of Insured:
TOWN OF SOUTHOLD
Policy No.: RH70993178
The estate or interest in the land which is covered by this policy is:
DEVELOPMENTAL RIGHTS
Yitle to the estate or interest in the land is vested in:
TOWN OF SOUTHOLD
By deed made by DAVTD PAGE and BARBARA SHINN, being married to each other to the
INSURED dated MARCH 20, 2000 and to be recorded in the Office of the Clerk/Register of SUFFOLK
County.
The land referred to in this policy is described on the annexed Schedule A - Description,
Countersigned:
Authorized Officer or Agent
Fee Policy Insert
File No.: RH70993178
SCHEDULE A - DESCRZPTZON
AMENDED 3/20/2000
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point located on the southerly side of Oregon Road distant 662.35 feet easterly from the
intersection of Oregon Road with the easterly side of Mill Lane, and from said point of beginning continuing
along the southerly side of Oregon Road easterly on a course, North 59 degrees 10 minutes :].9 seconds East,
500.00 feet to a point;
THENCE southerly along the lands of Page and Shinn, South 21 degrees 27 minutes 00 seconds East, 267.07
feet to a point;
THENCE continuing along the lands of Page and Shinn, North 67 degrees 34 minutes 12 seconds East, 135.94
feet;
THENCE southerly and parallel being ten (10) feet off the property line of Page and Shinn with Sidor, owner to
the east, South 22 degrees 25 minutes 48 seconds East, 1,239.25 feet to a point;
THENCE South 37 degrees 26 minutes 00 seconds West, 50.60 feet to a point and the lands of Courtney and
the Town of Southold (having development rights thereto);
THENCE westerly, South 64 degrees ].9 minutes 00 seconds West, 600.00 feet to the lands of Krupski and
Sidor;
THENCE along said lands, North 2i degrees 47 minutes O0 seconds West, 1,492.80 feet to the point or place
of BEGINNING.
Fee Policy Insert
SCHEDULE B
Exceptions from Coverage
File No.: RH70993178
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys'
fees or expenses) which arise by reason of the following:
1. Rights of tenants or persons in possession.
2. Electric agreement recorded in Liber/Reel 1278 page 195.
3. Boundary Line Agreement recorded in Liber/Reel 1607 page 138.
Survey made by .lohn C. Ehlers Land Surveyor, dated 11-5-98, redated and guaranteed by Stanley .1.
Jsaken, ~lr., shows (a) Center line of overhead electrical transmission lines. (b) CuJtivated field. (c)
Farm road partly along southerly and easterly record lines and overhead wires cross northeasterly
portion of the premises. No other variations or encroachments shown.
Policy excepts any state of facts from the date of the survey read herein.
Company excepts the rights of the appropriate utility companies to maintain and/or relocate utility
pole, wires and overhead electrical transmission lines and the rights of others to use said services as
shown on the survey read herein.
Fee Policy Insert
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS,
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any
rights or defenses the Company would have had against the named insured,
those who succeed to the interest of the named insured by operation of law
as distinguished from purchase including, but not limited to, heirs,
distributees, devisees, survivors, personal representatives, next of kin. or
corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage,
(c) "knowledge" or "known": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by reason of the
public records as defined in this policy or any other records which impart
constructive notice of matters &fleeting the land,
(d) "land": the land described or referred to in Schedule A, and
improvements affixed thereto which by taw constilute real properly. The
term "land" does not include any property beyond the lines of the area
described or referred to in Schedule A. nor any right, title, interest, estate
or easement in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the extent to which a
right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument,
(0 "public records": records established under state statutes at Date of
Policy for thc purpose of imparting constructive notice of matters relating
to real property to purchasers fot' value and without knowledge. With
resPeCt to ~ection l(a) (iv} of the Exclusions From Coverage "public
records" shall also include environmental protection liens filed in the
records of the clerk of the United States district court for the district in
which the land i~ located.
(g) "unmarketability of the title": an alleged or apparent matter affecting
the title to the land. not excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in Schedule A to be
released from the obligation to purchase by virtue of a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE
OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest
in the land. or holds an indebtedness secured by a purchase money
mortgage given by a purchaser from the insured, or only so long as lhe
insured shall have liability by reason of covenants of warranty made by the
insured in any transfer or conveyance of the estate or interest. This policy
shall not continue in force in favor of any purchaser from the insured of
either (i) an estate or interest in the land. or (ii) an indebtedness secured by
a purchase money mortgage given to the insured
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in Section 4(a) below. (ii) in case knowledge shall
come to an insured hereunder of any claim of title or interest which is
adverse to the title to the estate or interest, as insured, and which might
cause loss or damage for which the Company may be liable by virlue of
this policy, or (iii) if title lo the estate or interesL as insured, is rejected as
unmarketable. If prompt notice shall not be given to the Company. then as
to the insured all liability of Ihe Company shall terminate with regard to
the matter or matters for which prompl notice is required: provided.
however, that failure to notify the Company shall in no case prejudice the
rights of any insured under this policy unless the Company shall be
prejudiced by the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF
INSURED CLAIMANT TO COOPERATE,
la) Upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulations the Company
at ts own cost and without unreasonable delay, shall provide for the
defense of an insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, but only as to those stated causes
of action alleging a defect, lien or encumbrance or other matter insured
a[~ainst by this policy. The Company shall have the right to select counsel
st its choice (subject to the right of the insured to object for reasonable
cause) to represent the insured as to those stated causes of action and shall
not be liable for and will not pay the fees of any other counsel. The
Company will not pay any fees, costs or expenses incurred by the insured
in the defense of those causes of action which allege matters not insured
against by this policy.
(b) The Company shall have the right, at its own cost, to institute and
pep~cute any action or proceeding or to do any other act which in its
opinion may be necessary or desirable Io e~tablish the title to the estate or
interest, as insured, or to prevent or reduce loss or damage to the insured.
The Company may take any appropriate action under the terms of this
policy, whether or not it shall be liable hereunder, and shall not thereby
concede liability or waive any provision of this policy. If the Company
shall exercise its rights under this paragraph, it shall do so diligently.
B 1190-1
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of ~his policy, the
Company may pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the righL in its sole discretion,
to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to
rosecute or provide for the defense of any action or proceeding, the
?n~sured shall the Company the righl to so prosecute or provide
defense in the action or proceeding, and all appeals therein, and permit the
Company to use, at its option, the, name of the insured for this purpose.
Whenever requested by the Company, the insured, at the Compeny's
expense, shall give the Company all reasonable aid (i) in any action or
proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or proceeding, or effecting scttlemenl, and (ii) in any
other lawful act which in the opinion of the Company may be necessary or
desirable to establish the title to the estate or interest as insured. If the
Company is prejudiced by the failure of the insured to furnish the required
cooperation, the Company's obligations to the insured under the policy
shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such
cooperation.
$, PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided the Company. a proof of
loss or damage signed and sworn to by the insured claimant shall be
furnished to the Company within 90 days after the insured claimant shall
ascertain the facts giving rise to the loss or damage. The proof of loss or
damage shall describe the defect in, or lien or encumbrance on the title, or
other matter insured against by this policy which constitutes the basis of
loss or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss
or damage, the Company's obligations to the insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such
proof of loss or damage.
In addition, the insured claimam may reasonably be required to submit
to examination under oath by any authorized representative of the
Company and shall produce for examination, inspection and copying, at
such reasonable times and places as may be designated by any authorized
representative of the Company, all records, books, ledgers, checks,
correspondence and memoranda, whether bearing a date before or after
Date of Policy. which reasonably pertain to the loss or damage. Furlher. if
requested by any authorized representative of the Company . the insured
claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine , inspect and copy all records.
books, ledgers, cbecks, correspondence and memoranda in the cuslody or
control of a third party, which reasonably pertain to the loss or damage,
Ali information designated as confidential by the insured claimant provided
to the Company pursuant Io this Section shall not be disclosed to others
unless, in the reasonable judgement of the Company. it is necessary in the
administration of the claim. Failure of the insured claimant to submit for
examination under oath. produce other reasonably requested information
or g?ant permission lo secure reasonably necessary information from third
parhes as required in this paragraph shall terminate any liability of the
Company under this policy as to that claim.
fi. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options:
(a)To Pay or Tender Payment of the Amount of Insurance,
To pay or lender payment of the amount of insurance under
this policy together with any costs, attorneys' fees and expenses incurred by
the insured claimant, which were authorized by the Company, up to the
time of paymant or tender of payment and which the Company is obliga-
ted to pay.
Upoq the exercise by the Company of this option, all liability and
obligations 1o the insured under Ihis policy, other Ihan Is make the
payment required, shall terminate, including any liability or obligation to
defend, prosecule, or continue any litigation, and the policy shall be
surrendered to the Company for cancellation,
(b) To Pay or Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name
of an insured claimant any claim insured against under this policy, together
with any costs, attorneys' fees and expenses incurred by Ihe insured
claimant which were authorized by the Company up to time of payment
and which the Company is obligated to pay; or
(ii) to pay or otllerwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys'
fees and expenses incurred by the insured claimant which were authorized
by the Company up to the lime of payment and which the Company is
obligated to pay.
Upon the exercise by the Company of either of the options provided for
in paragraphs (b)(i) or (ii), the Company's obligations to the insured under
this policy for the claimed loss or damage, other than the payments
required to be made. shall terminate, including any liability or obligation to
defend, prosecute or continue any litigation.
Cm~lltlom and Sfll~laflom Coaflmled Ir.~l~ Cover
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or
damage sustained or ino~rred by the insured claimant who has suffered loss
or damage by reason of matters insured against by this policy and only to
the extent herein described.
(a) The liability of the Company under this policy shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schedule A at the
Date of Policy is less than 80 percent of the value of the insured estate or
interest or the full consideration paid for the land, whichever is less, or if
subsequent to the Date of Policy an improvement is erected on the land
which increases the value of the insured estate or interest by at Iefi~t 20,
rcent over the Amount of Insurance stated in Schedule A, then this
Del
l%licy is subject to the following:
(i) where no subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that
the amount of insurance at Date of Policy bears to the total valu5 of the
insured estate or interest al Date of Policy; or
(ii) where a subsequent improvement has been made, as to any partial
loss, the Company shall only pay thc loss pro rata in the proportion that
120 percent o[the Amount of Insurance stated in Schedule A bears to the
sum of the Amount of Insurance stated in Schedule A and the amount
expended for,the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees
and expenses for which the Company is liable under this policy, and shall
only apply to that portion of any loss which exceeds, in the aggregate, 10
percent of the Amount of Insurance stated in Schedule
(c) The Company will pay only those costs, attorneys* fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting one or
more of the parcels but not all, the loss shall be computed and se[tled on a
pro rata basis as if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to Date of Policy,
unless a liability or value has otherwise been agreed upon as to each parcel
by the Company and the insured at the time of the issuance of this policy
and shown by an express statement or by an endorsement attached to this
policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect,
lien or encumbrance, or cures the lack of a right of access to or from the
land, or cures the claim of unmarketability of title, all as insured, in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss
or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability for
loss or damal~e until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals therefrom, adverse to
the title as insured.
(c) The Company shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or suit
without the prior written consent of the Company,
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY.
All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of the insurance pro
lanto.
11. UABIUTY NONCUMULATIVE
It is expressly understood that the amount of insurance under this po/icy
shall be reduced by any amount the Company may pay under any policy
insuring a mortgage to which exception is taken in Schedule B or to which
the insured has agreed, assumed, or taken subject, or which is hereafter
executed by an insured and which is a charge or lien on the estate or interest
described or referred to in Schedule A, and the amount so paid shall be
deemed a payment under this policy to the insured ownen
12. PAYMENT OF LOSS.
(a) No payment shall be made wit hour producing this policy for endorsemem
of the payment unless the policy has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfactiou of the Company.
NM 1 PA 10
ALTA Owner's Policy (10-17-92)
Form 1190-3 Cover Paoo
(b) When liability and the extent of loss or damage has been definitel)
fixed in accordance with these Conditions and Stipulations, the loss Ol
damage shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected b)
any act of the insured claimam.
The Company shall be subrogate~' to and be entitled to all rights and
remedies which the insured claimant Would have had againsl any person o~
property in respect to the claim had this policy not been ~ssued. 11
requested by the Company, the inst;red claimant shall Iransfer to the
Company all rights and remedies against any person or property necessao
in order to perfect this right of subrogation. The insured claimant shall
permit the Company to sue, compromise or settle in the name of the
insured claimant and to use the name of the insured claimant in an)
transaction or litigation involving these tights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and
remedies in the proportion which the Company's payment bears to the
whole amount of the loss.
If loss should result from ~ny act of the insured claimant, as stated
above, that act shall not void this policy, but the Company, in that event
shall be required to pay only that part of any losses insured againsl by thi!
policy which shall exceed the amount, if any, lost to the Company b3
reason of the impairment by the insured claimant of the Company's righl
of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall
exisl and shall include, without limitation, the rights of the insured tc
indemnities, guaranties, other policies of insurance or bonds
notwithstanding any terms or conditions contained in those instrument~
which provide for subrogation rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or the insurec
may demand arbitration pursuant lo the Title Insurance Arbitration Rule!
of the American Arbitration Association. Arbitrable matters may include
bul are not limited to, any controversy or claim between the Company and
the insured arising out of or relating to this policy, any service of the
Company in connection with its issuance or the breach of a polic3
provision or other obligation. All arbitrable matters when the Amount ol
Insurance is $1,000,000 or less shall be arbitrated at the option of either the
Company or the insured. All arbitrable matters when the Amount ol
Insurance is in excess of $1,000,000 shall be arbitrated only when agreed tc
by both the Company and the insured. Arbitration pursuant to this polic3
and under the Rules in effect on the date the demand for arbitrahon i~
made or, at the option of the insured, the Rules in effect at Date of Polic5
shall be binding upon the parties. The award may include attorneys' fee~
only if the laws of the state in which the land is located permit a court lc
award attorneys' fees to a prevailing party. Judgment upon the aware
rendered by the Arbitrator(s) may be entered in any court havin[
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto
by the Company is the entire policy and contract between the insured and
the Company. In interpreting any provision of this policy, this policy shal
be construed, as a whole.
(b) Any claim of loss or damage, whether or not based on negligence
and which arises out of the status of the title to the estate or interes~
covered hereby or by any action asserting such claim, shall be restricted tc
this policy.
(c) No amendment of or endorsement lo this policy can be ma&
except by a writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary, o~
validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that provi-
sion and all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing require,
to be furnished the Company shall include the number of this policy and shall b~
addressed to COMMONWEALTH LAND TITLE INSURANCE COMPANY, 10
Gateway Centre Parkway, Gateway One, Richmond, Virginia 23235-5 I53.
Valid Only If Face Paee 5;chedules A and B Are ^ttacBea
NEW YORK STATE OFFICE
655 Third Avenue
New York, New York 10017
Phone: (212) 949-0100
OWNER'S POLICY OF
Tn £ INStm CE
.&~c.~N L~ND ~ ~SSOCZ~33ON
(10-17-92)
CO~ONW~n'H LAND Tm~ INsua~cE
NEW YORK OFFICES
NEW YORK CITY
655 Third Avenue
New York, New York 10017
(212) 949-0100
ALBANY
286 Washington Ave. Extension
Corporate Plaza West
Albany New York 12203
(518) 452-4525
BUFFALO
298 Main Street
Buffalo, New York 14202
(716) 853-6800
GARDEN CITY
1325 Franklin Ave. Suite 101
Garden City, New York 11530
(516) 742-7474
NEW CITY
17 Squadron Boulevard
New YoM, New York 10956
(914) 634-7070
ISLANDIA
1777-6 Veterans Memorial Hwy
Islandia, New York 11722
(516) 232-3503
(516) 232-3617
WHITE PLAINS
50 Main Street
White Ptains, New York 10606
(914) 949-0002
NATIONAL TITLE SERVICE
655 Third Avenue
New York, New York 10017
(212) 949-0100
B 1190-3
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GREGORY F. YAKABOSI/~
TOWN ATTORNEY
MAltY C. WILSON
ASSISTANT TOWN ATTORNEY
JE_.X_N W~ COCI-IRAN
Superv/sor
Town Hall, 53095 Route 95
P.O. Box 1.179
South. old, lqew York 11971-0959
Telephone (631) 765-1889
F~x (631) 765-1823
E-marl: towna/:~orney~southold.or g
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
Memo
To: Supervisor Cochran
Town Board Members
Land Preservation Committ~ ~
Date: 3/22/00
Re: Parchasc of Development Rights from David Page ~ Barbara 8hinn
STATUS ON THE ABOVE- The closing was keld on Monday, 3/20/00. Tho
purchase price was $183,600.00. The Town purchased the developmen~ rights on 21.274
acres of land offofOregon Rd,. TI~ purchase price was $9,000.00 per acre. The
SCTM~ of thc property is: 1000-100-4-3
Cc: ~ssa Spiro
]ohn Sepenoski .
aa~d ~'~ ~un~ .~ ~150 Bock 12245
?~ ~ ~:. . Sob ~fler ~r 150
sM~;r., :;: ,: :~t~'l;- . S~elofl Land lof2
[e ~dce O~ner ~Z~ ~r~: ~;Land dght~ Type: P~imm~
~, ~,~ :~ ~ ~: S~er:.~. ~ ~ Acres:DePth: 1
Sqft:
~ ,, .¢ Am~nt Year Pc[ ~¢eJe:;01d ~t~le ExtWalI: 01
; 0 ~fi~: ?~i33 V, Built: 1890
~' ~; ~ts Pot T~pe Mom~a~ Ty¢~ Nam~ Dim1 Dim2 ~QFT YrBuil~
~attltuCkFD ~.~00: .O0 : :~00 FB~ Ba~n~horse 0 0 ~40.001900
Pail ~,~0~ ,00 ~ ;:~00 . FB8 Barn-ho[se 0 0 168_001900
SALES SKETCH
PHOTOGRAPH
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TOWN
OF SOUTHOLD PROPERTY
RECORD CARD
OWNER
FORMER OWNER
RES. q ~.., SEAS. VL.
LAND
IMP.
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STREET
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$
DATE
TOTAL
VILLAGE t DIST'i SUB. LOT
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COMM. CB. MICS. Mkt. Value
AGE BUILDING CONDITION
NEW NORMAL BELOW ABOVE
FARM
Value Per
Acre
Ac re
Tillable
Woodland
Meadowland
House Plot
Total
Value
~, -'.~ FRONTAGE ON WATER
FRONTAGE ON ROAD
DEPTH
BULKHEAD
DOCK
M. Bldg.
Extension
Extension
Extension
Porch
Porch
Garage
aa B.
Total
COLOR
TRIM
i Foundation
Basement
~"~: ~ ...-!Type Roof
'
-~ / 3 ~ o jRecreati°n Room
Interior Finish
Heat
Dormer
_
Bath
Floors
Rooms 1st Floor
Rooms 2nd Floor
Driveway
Dinette
LR
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FIN. B
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22A · The Suffolk Times · August 9, 2007
REAL ESTATE
The Shinn
Estate Farm-
house, a new
inn on Oregon
Road ~n
Mattituck
Suffolk Times photos
' by Judy Ahrens
A farmhouse transformed
Shinn and Page open bed and breakfast tn Mattituck
By Mlchelle Myers
It doesn't get any more rural than
Oregon Road in Mattituck. Wind your
way along this quiet country lane and
you might pass right by the low-key
Shinn Estate Vineyards. Formerly a
homestead owned by the Tuthill fam-
ily (Merwin Otis Tuthill's initials can
still be seen on the wall of the barn-
turned-tasting room), the property
comprises not only a winery and tast-
ing room but, since June of this year, a
country inn offering a peaceful refuge
from the hustle of the city.
David Page and Barbara Shinn ac-
quired the farm in 1998. The couple
the years," says Mr. Page. "We start-
ed working directly with growers to
produce wine under our own label in
1994 and so growing our own grapes
was always just a matter of time."
says it was an almost natu- And in less then l0
ral'progression from their Si~l~{~l~S years, the couple has
New York City restaurant achieved their aim. First
Home, where they always planted in 2000, the order-
promoted Long -Island wines, to ac- ly rows of vines now stretch in every
tually making wine themselves. "We direction. Next to the tasting room,
made a lot of friends out here over ~ which is open seven days a week, the
old long barn has just been renovat-
ed and is now a cool, cream-colored
home for the barrels. The large win-
dow at one end of the space frames
a still life of blue sky and green vine
and' allows filtered light to gently il-
luminate the area. This section of the
long barn awaits only a few finishing
touches before it will be called into
service as a private tasting room and
venue for catered wine dinners.
See Farmhouse, next page
Left: Barbara Shinn and David Page in their new tasting room. Right: The private dining/kitchen area used for large parties.
The Suffolk Times · August 9, 2007
Suffolk Times photos by Judy Ahrens
Left: Visitors drink wine n the courtyard outside the new wine tasting room. Right: The "North Field" bedroom, one of four guest rooms.
Farmhouse
~,~From prewous page
Those dinners, which will make
the most.of fresh local produce, are
also a natural for Mr. Page and Ms.
Shinn. Their interest in using local in-
gredients dates back to a sojourn in
California in the 1970s and '80s, just
when California cuisine was becom-
ing firml5 established By the time
they opened Home in the early 1990s.
they were completely sold on the idea
of sustainability and so the vineyard's
organic farm garden was a foregone
conclusion.
The couple says that Home has a
very talented staff, which frees them
these days to focus a lot of attention on
the Long Island operation. And quite
an operation it is, with up to eight dif-
[erent wines on offer at any one nme
in addition to the weekend walking
tours and wine tastings that these en-
ergetic owners host themselves.
Now Mr. Page and Ms. Shinn have
added another very ambitious dimen-
sion to the winery operation. Taking
a deep breath, they launched into an
extensive renovation of the original
Tut hilt farmhouse last September. The
result is the Shinn Estate
Farmhouse. an inn offering
-bed and breakfast (and a
little bit more~ and making
the winery the only one in
our area that can accommo-
date overnight guests.
The couple believed it
was critically important that
the structure's transforma-
tion into guest quarters be
executed as sympathetically as pos-
sible in order to preserve its 19th
century .rural roots. Indeed. says Mr.
Page~ one of the original attractions
of the Tuthill farmhouse for him was
its uncanny resemblance to the prac-
tical architectural style of his family's
Midwestern homestead, as he dem-
onstrates with a turn-of-the-century
Page family photograph.
Mr. Page and Ms. Shinn feel they
have achieved their aim of~blending
modern conveniences with tradition-
al features. The four guest bedrooms.
each with its own bath. are individual-
ly designed and offer different views.
including the vines, potato fields or
'People used
to tell us how
much they'd
like,to stay
here. Well,
now they can.'
Barbara Shinn
the northern farm field.
Even one of the bathrooms
has a sunset view of the
vineyard
Guests can enjoy a breezy
porch and gazebo and gaze
out on the picture-postcard
landscape that includes
an old red barn and open
fields. Indoors is a relaxing
reception room lined with
cherry bookcases and offering soft
chairs and couches. Guests can enjoy
Shinn wines and local cheeses there
each afternoon.
In the morning, Mr. Page serves
breakfast in the original Tuthill din-
ing room. which boasts a serene cel-
ery and white color scheme. The dark
wood refectory table easily seals eight
guests, who can feast on seasonal fare
that might include local duck eggs or
goat cheese omelets.
Adjacent to the guest accommoda-
tion is an addition that comprises the
couple's quarters. The jewel in the
crown of the private area is the expan-
sive dining/kitchen area whose beamed
cathedral ceiling is embellished with
ironwor~ created by a lo~al artisan.
Mr. Page and Ms. Shinn love their
space but they are happy to put their
own dining room to the use of guests
from time to time if a large party re-
quires it. (Mr. Page will create a meal
for any group that rents out the entire
inn for a brunch or a wedding rehearsal
dinner, for example.)
Mr. Page and Ms. Shinn say that the
inn is booked pretty much sohd until
November. Many of their first guests
were previous visitors to the winery
and word of this bucolic haven has
spread fast.
"People used to tell us how much
they'd like to be able to stay here.-'
says Ms. Shinn. "Well. now they can."
22 · The Suffolk Times · August 11,2005
Their hard work paid off
Area growers gain
share of fed funds
By ~ Groocock
M/~I'II FUCK- At Shinn Estate XCmeyards on Sat-
urday, David Page and Barbara Shirm had their fingers
' as lightning in the
crossed. The farm s pump w fried by
big thunderstorm on Friday, just before the last block
of the 22-acre vineyard would have been watered. The
vines get only as much water as they absolutely need,
no more, and weather's been so d~, the unwatered
vines could reaQy use a drink, said Ms. Shiun.
"There's not much margin for error when the vines
are already stressed by drought and heat," she said.
"The vines are big and bushy, and if you mess up on
your water management, it only takes a few days for
them to take a dive."
A local well company promised to get the drip irriga-
tion system up and running, and it was just a matter of
waiting a day or two, or however long it would take to
get the work done.
It's the kind of minor disaster that all farmers know
can rock a carefully balanced budget.
Meanwhile, in the vineyard, the hard, green merlot,
cabemet franc, cabemet sauvignon and sauvignon blanc
grapes are just starting to soften and produce the sugars,
flavors and colors that define ripe fruit. The vines are
nourished with organic compost tea, minerals, kelp and
liquefied fish. Below the vines grow grasses and other
cover crops, creating a habitat for beneficialinsects and
leaving the soil and its microorganisms undisturbed.
Herbicides are never used to scar the rows with the tell-
tale bare, brown strips seen in other vineyard~
Such dedication to the environment isn't just its
own reward, it makes for great quality grapes, the
couple believe~ And this time, it's also going to pay
David Page and Barbara Shinn In their Mattituck vineyard on Monday.
to get that pump fixed.
Shiun Estate V'meyards has just been awarded a
$12,000 Conse~ation Security Program grant from the
Natural Resources Conservation Service, a branch of
the USDA, which works with farmers to promote soil
and water conservation. A number of the 23 grantees
are vineyards, including Palmer V'meyards and Pau-
Suffolk ~mes photo by Judy Ahrens
manok V'meyards, both in Aquebogue, Peconic grape-
grower Ray Blum and Lieb V'meyards in Cutchogue.
Cutchogue vegetable farmer David Steele also received
a grant, as did some orchards.
"We're really excited, because even though it's not
a huge amount, it's $1,200 a year that I know I'm get-
See Funds, page 35
Funds...
~,,~From page 22
ting toward running the vineyard," said
Ms. Shinn. "It's also nice to be recog-
nized for what we're doing here, exper-
imenting with organic and biodynamic
practices, and finding out what works
best in a maritime climate."
It's not a lot of money in light of' a
farm's total annual expenses, but it's a
help, agreed Allan Connell, USDA dis-
trict conservationist based in Riverhead,
who worked with local farmers to apply
for the grant. "The real point is the posi-
tive approach," he said.
Nationwide, the program identified
202 watershed areas, ~ttree are in New
York State, one of wtfich is all of Long Is-
land. Long Island's share of the $202 mil-
lion pot mounted to $601,425, divided
among 21 successful applicants, including
Shinn Es[ate VineyarckqThe average pay-
ment, which will be made over five or 10
yearn is $28,639, and the average payment
per farm this year is just under $9,000.
"This program is different from any
other, because we're rewarding farmers,"
said Mr. Connell."I think the message fi-
nally got to Congress that this is a good
way to create an incentive for farmers to
think about conservation."
It's amazing that the federal govern-
ment is being so proactive about soil
and water conservation on farms, said
M~ Shinn.
"They're actually throwing money at
sustainable farming," she said. "I guess
they decided that farming does have a
considerable impact on the watersheds
of America, and they took this big leap
forward."
Qualifying criteria were strict, said
Mr. Connell, requiring that a farm
demonstrate specific practices, in-
cluding maintaining high levels of or-
ganic matter in the soil, minimum or
no tilling, erosion control, naturalized
wildlife habitat buffers and nutri-
ent management measures that help
preserve local water quality, such as
targeting nitrogen fertilizers through
drip irrigation.
The no-tilling requirements made it
difficult for traditional row crop farm-
ers to qualify, which sparked some
criticism, said Mr. Connell.
"Tilling breaks down organic mat-
ter, so we were looking for farms that
leave cover crops in place," he said.
The grant may have been a one-
time deal, said Mr. Connell.
"It's renewable in eight years, but
there's no way to know at this point
if it will actually be funded again," he
said. "We'll have to see how Congress
feels about it then."
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MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro @ town.southold.ny.us
Telephone (63 l) 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
September 15, 2006
Deborah Dory
670 West Creek Avenue
P.O. Box 1181
Cutchogue, NY 11935-0876
RE:
Shinn Vineyard
SCTM# 1000-100-4-3.1 &
SCTM# 1000-100-4-3.2
C
Dear Ms. Doty:
The Land Preservation Committee reviewed your letter of August 10' 2006, at the Committee's
August 22nd meeting.
The Town owns a Development Rights Easement on the 21.3 acre area known as SCTM
#1000-100-4-3.2. The site plan submitted with your letter shows twelve (12) existing parking
spaces and a proposed encroachment of the westerly stone driveway within the Easement Area.
Parking Spaces
The survey prepared at the time of the Town's pumhase of the Easement did not show the
parking spaces. The Committee is not in favor of allowing the parking spaces within the
Easement Area. The parking spaces should be designed within the non-easement area (SCTM
#1000-100-4-3.1).
Driveway Encroachment
It appears from the survey that the driveway encroachment can be minimized by designing the
stone driveway as close to Building E (Existing Agricultural Storage Building/Future Wine Storage
Bam) as legally acceptable. The Committee would like to see the encroachment minimized as
much as possible.
Please feel free to contact me if you have any questions regarding the above. In addition, please
accept my apology for the delay in sending out the Committee's response to your letter.
Sincerely, ~
Melissa Spiro
Land Preservation Coordinator
cc: Planning Board
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DEBORAH DOTY
ATTORNEY AT LAW
670 WEST CREEK AVENUI~
P.O, BOX 1181
CUTCHOGUE, NY 11935-0876
Ft, x 631-734-7702
631-734-6648
BY HAND
August 10, 2006
Melissa Spiro
Town Hall Annex
54375 Main Road
PO Box 1179
Southold, NY 11971
Shinn Vineyard, LLC, 2000 Oregon Road, Mattituck, NY (SCTM # 1000-100-4-3.1)
Winery Site Plan Application
Dear Melissa:
I represent Shinn Vineyard, LLC and Barbara Shinn, who is the sole member of the LLC. In
2000, the Town purchased the development rights to lot #1000-100-4-3.2.
Since the Page-Shinn 1998 purchase of the Tuthill farm, some of the pre-existing agricultural
buildings were renovated with an eye to the future creation of a winery on the premises. My client has
applied to the Planning Board for approval of the winery site plan. Enclosed for your reference is a
copy of my cover letter to the Planning Board.
Also'enclosed is a copy of the site plan for the premises. Because of the Town's requirement
that the access way be 15' wide, the western portion of the stone driveway encroaches on to Lot #3.2.
In addition, parking for the vineyard, accessory structure, storage barn and tasting/making room is
reflected in the north end of the open field to the south of lot #3.1.
We will appreciate your favorable response to this matter.
Respectfully submitted,
Deborah Dory
Encls.
cc: Barbara Shinn
Bruno Semon at Planning Department
DD:bdr
OE T. Ott, ~,
DEBORAH DOlT
ATTORNEY AT LAW
670 W~sT Ci~EK AVENUE
P.O. Box 1181
CUTCHOGUE, NY 11935-0876
F^x 631-734-7702
631-734-6648
BY HAND
August 10, 2006
Members of the Southold Planning Board
Town Hall Annex
54375 Main Road
PO Box 1179
Sotuhold, NY 11971
RE:
Shinn Vineyard, LLC, 2000 Oregon Road, Matfituck, NY (SCTM # 1000-1004-3.1)
Winery Site Plan Application
Dear Members of the Board:
I represent Shinn Vineyard, LLC and Barbara Shim, who is the sole member of the LLC.
Since the 1998 purchase of the Tuthill farm, some of the pre-existing agricultural buildings were
renovated with an eye to the future creation of a winexy on the premises.
My client now seeks the Board's approval of the winery site plan. You will note that applicant
is seeking a winery designation with respect to two of the buildings which already exist on the property.
The existing agricultural storage barn (the "potato barn" designated on the site plan as building E)
currently is being renovated to become a wine storage barn. The eastern portion of the previously
renovated agricultural storage barn is to be converted into a wine making room (designated as building
F). The western portion of the previously renovated agricultural storage barn is to become a wine
tasting room (designated as building G).
Enclosed please find the following: (a) the site plan application form, (b) applicant's affidavit,
(c) agent authorization, (d) environmental assessment form, (e) nine copies of site plan and elevations,
(f) pictures of existing structures, landscaping and lighting, (g) the 1998 survey of the premises, the
annotated survey for the development rights sale, and an annotated 2003 survey reflecting the pre-C/O,
C/Os and current building permits, (h) notice of disapproval from Building Department, (i) LWRP
Consistency Assessment form, and (j) the current building permit for building E. Also enclosed is a
check in the amount of $1,500.00 for the base fee in connection with the application. Please call me
about the square footage payment which will be by separate check.
Thank you for your consideration.
Respectfully submitted,
Deborah Doty
cc: Barbara Shinn
,/l~elissa Spiro
Encls.
DD:bdr
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EXISTING
FRAME
SHED
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PARKING
SPACE
EXISTING
CONCRETE PATIO
1
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EXISTING CONDITIONS SURVEY~EYOR - NYS LIC~'4O 50502 I
6 EAST MAIN STREET I \
RIVERH~AD, NY1190~
T (516)3698288
PROPOSED DECK
40'-9" EXISTING CONS~RUC~ON
TOWN OF SOUTHOLD PLANNING BOARD
SITE PLAN APPLICATION
SECTION A: Site Plan Name and Location
Application Date: 08 / 10 / 2006
Site Plan Name: Shinn Winery
Suffolk County Tax Map #1000- 100 - 4 3.1
Other SCTM#s: 1000-100-4-3.2 (vineyard)
Street Address: 2000 Oregon Road Hamlet: Mattituck
Distance to nearest intersection: 1, q 62.35 ' east of Mill Lane
Type of Site Plan: x New Amended __ Residential
If Amended, last approval date: / /
SECTION B: Owners/A~ent Contact Information
Please list name, mailing address, and phone number for the peoj~le below:
Property Owner Shinn Vineyard, LLC
Street 2000 Oregon Road
City. Mattituck State NY
Home Telephone 631-298-0216 Other
_Zip 11952
Appl/cant
Barbara Shinn, as sole member of LLC
Street
2000 Oregon Road
City. Mattituck State NY
Home Telephone 631-298-0216 Other
.Zip 11952
Applicant's Agent or Representative:
Contact Person(s)* Deborah Doty, Esq.
Street 670 west Creek Avenue, PO Box 11.81
City Cutchogue State NY .Zip 11935
Office Telephone 631-734-6648 Other 631-734-7702 (FAX)
*Unless otherwise requested, correspondence will be sent only to the contact person noted here.
Page 1 of 2
10/05/05
' 8EC'FION C: Site Data
Prop'osed construction type: x New
Property total acreage or square footage:
x
__Modification of Existing Structure
Change of use x
53,078 ac./sq, fl.
Site Plan build-out acreage or square footage:53,000+ acJsq, ft.
x
Agr/cultural
Is there an existing or proposed Sale of Development Rights on the property? Yes x No
~ [lyes, explain: Development riqhts to #1000-100-4-3.2 (vineyard) sold to Town
Property Zoning District(s): AC
Building Department Notice of Disapproval Date: 05 /04 / 2006
Is an application to the Southold Town Zoning Board of Appeals required? Yes
If yes, have you submitted an application to the ZBA? Yes No
If yes, attach a copy of the application packet.
No x
Show all uses proposed and existing. Indicate which building will have which use. If more then one use is
proposed per building, indicate square footage of floor area per use.
Single family with approved special exception for B&B, and frarm
List ali existing property uses: barn,* shed, frame building, & accessory storage building
Single family dwelling with B&B, winery with wine tasting rocm, wine
List all proposed property uses: making room & bathroom, wine storage barn, accessory storage
bu~im_ng, and shed
Other accessory uses: See above
Existing lot coverage: 16.6 %
Proposed lot coverage: 16.6
Gross floor area of existing structure(s): 8,786.4* sq. ft. Gross floor area of proposed structure(s): 8,786.4* * includes floor area of addition to dwelling which is under construction
# of existing spaces: # of proposed spaces: No x
Parking Space Data: For Wine Tasting, Making & Storage only
n/a 12 Loading Beth: Yes
Landscaping Details: Landscaping to remain; see photographs for details
Existing landscape coverage: n/a % Proposed landscape coverage:_ n/a %
Waterfront Data:
Is this property within 500" of a wetland area? Yes No x If 3,es explain:
I, the undersigned, certify that all the above information is trae.
Signature ofPrepa- er: Date:
- f:
10/05/05
08/10/2006
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MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro~town.southold.ny.us
Telephone (631) 765-5711
Facsimile (631) 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 11971-6959
January 13, 2010
Mr. David Page & Ms. Barbara Shinn
2000 Oregon Road
Mattituck, NY 11952
Re:
SCTM # 1000-t 00-4-3.2
Shinn Vineyard Property
Jan. 5, 2010 request for Land Preservation Committee review of revised
location for proposed wind turbine on property on which Town owns a
development rights easement
Dear Mr. Page and Ms. Shinn:
The Land Preservation Committee Members, in accordance with Chapter 70 of
the Town Code, reviewed your January 5, 2010 letter in which you note that you
received approval from the ZBA to install a wind turbine 150.5+ feet from the nearest
property line to the east, and request approval from the Land Preservation Committee
for this revised location.
The recorded easement for this property allows land within the easement to be
used for the purpose of agricultural production. Section 70-5 (C) of the Town Code
requires that the Committee serve as a review board for the granting of permits for the
construction, reconstruction and additions of, and to, structures in, or on agricultural
lands in which the development rights have been acquired by the Town.
At the January 12, 2010 meeting of the Committee, the Committee adopted a
motion to approve the construction of a wind turbine in the location as described in the
December 29, 2009 Zoning Board of Appeals Findings, Deliberations and
Determination. The December 29, 2009 Findings, Deliberations and Determination
granted alternative relief as follows: "A 120 foot high small wind energy system (wind
turbine) may be set back from the applicant's easterly property line at no less than
150.5 feet + 2 feet, located on the Town's easement to the west of the applicants'
residential property line, in a location that is not currently planted with vines." The
Dec.
th · ·
29 F~nd~ngs, Deliberations and Determination contained 4 conditions which are
not listed here.
The Committee is permitting this structure within the development rights
easement on the condition that it is compatible with the purpose of the development
rights easement and subordinate to the agricultural use of the property. Should you
utilize the turbine in a manner that differs in any way from that proposed to the
Committee, or to site the turbine at a location that differs from that proposed to the
Committee, you will be required to obtain additional approval.
The Committee's approval does not mean that you can proceed with
construction or that such use will be approved or permitted by other Town Departments
or agencies. The Committee's approval allows you to proceed with pursuing any
applicable approvals that are required by Town Code.
Please feel free to call me if you have any questions regarding the above.
Sincerely,
Melissa Spiro
Land Preservation Coordinator
Planning Department
Building Department
Zoning Board of Appeals
Town Attorney
Shinn Vineyard L/C
David Page and Barbara Shinn
2000 Oregon Rd.
Mattituck, NY 11952
January 5, 2010
To the members of the preservation committee:
We have received approval from the ZBA to install a wind turbine 150.5 +~- feet from the nearest
property line to our east. We are now seeking approval from the preservation committee.
Thank you for your consideration,
David Page and Barbara Shinn
Shinn Estate Vineyards
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTItOLD
Tel. (631) 765-1809 Fax (631) 765-9064
January 4, 2010
Shinn Vineyard, LLC
David Page
2000 Oregon Road
Mattituck, NY 11952
Re: ZBA # 6308
Dear Mr. Page:
Transmitted for your records is a copy of the Board's December 29, 2009
Findings, Deliberations and Determination, the original of which was filed with the Town
Clerk regarding the above application for variances.
Before commencing any construction activities, a building permit is necessary.
Please be sure to submit an application along with a copy of this determination to the
Building Department.
If you have any questions, please feel free to call at any time.
Very truly(3~urs,
Vicki Toth
Encl.
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
hnp://southoldtown.northfork.net
BO~3RD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF DECEMBER 29, 2009
ZBA File #6308 - Shinn Vineyards LLC / Barbara Shinn, Applicant
Property Location: 2000 Oregon Road, Mattituck CTM 1000-100-04-3.1
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review fails under the Type II category of
the State's List of Actions, without further steps under SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CO~E: This application was referred as required under
the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department
of Planning issued its reply dated May 18, 2009 stating that this application is considered a matter for
local determination as there appears to be no significarit county-wide or inter-community impact.
PROPERTY FACTS/DESCRIPTION: The applicant's property is a conforming lot in the AC district
which consists of 21+ acres, of which 20+ acres (CTM # 1000-100-04-3.2) are subject to a Town of
Southold Development Rights Easement sold to the Town in 2000 for purposes of agricultural
preservation. The remaining 1.219 acres of the property that is not subject to the Town's Easement
has 142.98 foot frontage'along the south side of Oregon Road in Mattituck, and is shown as 53,078
square feet or 1.219 acres on the survey prepared by John C. Ehlers, L.S. dated 6-16-03 (Final 04-23-
07). The property is improved with a two story frame dwelling, a frame barn, a frame shed and two
(2) one story frame buildings. To the west and south are 20+ acres of farmland planted in grape vines
which the applicants own subject to a Town of Southold Development Rights Easement which they
sold to the Town in 2000.
BASIS OF APPLICATION: Request for Variances from Town Code Chapter 277-3(B)(1), based on
the Building Inspector's April 8, 2009 Notice of Disapproval stating that the proposed small wind
energy system is not meeting the code requirement for a minimum distance from a property line, totai
height of the smail wind energy system plus 10 feet, except that it shall be set back at least 300 feet
from a property line bordering an existing residential structure.
LWRP DETERMINATION: This application is not subject to review under Chapter 268 because the
variance relief requested does not involve features that relate to a regulated natural feature or a
bulkhead or other shoreline.
Page 2- December 29, 2009
ZBA File#6308 - Shinn Vineyards LLC
CTM: 1000-100~1-3.1 at 2000 Oregon Rd., Mattituck
RELIEF REQUESTED: The applicant proposes to erect a small wind energy system (turbine) at 120
ft. high with an 8' x 8 ft. tripod base to be located 136.5 feet from the applicant's easterly property
line that adjoins a lot identified as CTM#1000-100-4-4 containing a residential structure
ADDITIONAL INFORMATION:
Comments from the Planning Board were received in a letter to the ZBA dated August 24, 2009,
stating that the applicants are currently undergoing site plan review and that over time, the uses on
their site have grown from the original farmhouse and agricultural buildings to a farmhouse with a
bed and breakfast with four guest rooms, a winery, and retail wine tasting room open to the public,
and large events involving 100+ people. The Planning Board expressed concern about the number of
uses and public safety on the applicants' 53,078 S.F. lot (the "residual" portion of their property that
is not subject to Covenants and Restrictions related to the sale of development rights to the Town).
Moreover, they noted that the main public parking area currently shown on the Planning Board's site
plan is not legally available for that purpose, because it is located on the protected farmland within
the Town's easement, and will have to be re-located to the applicant's 53,078 S.F. residential lot.
The Planning Board has recommended that the proposed wind turbine be re-located to some area
other than the area currently undergoing site plan review "to protect public safety on a crowded site
where site circulation and parking are already substandard" and ''to avoid reducing the applicants'
options to successfully complete the site plan application."
In a letter dated September 30, 2009, the Southold Town Land Preservation Committee, in
accordance with Section 70-5 (C) of the Town Code, has granted approval to the applicants to locate
a wind turbine within the Town's easement area, should the Zoning Board of Appeals deny the
applicants' request for a variance.
A discussion between the Board and the applicants regarding alternative relief took place at the
public hearing but was inconclusive.
Shinn Vineyards has been awarded a $23,375 USDA Rural Development Agency grant to offset the
costs of constructing a small wind energy system (wind turbine) on their property, as confirmed by
the USDA in their News Release received by the ZBA on November 5, 2009
FINDINGS OF FACT/REASONS FOR BOARD ACTION
The Zoning Board of Appeals held a public heating on this application on August 27, 2009 and re-
opened the public hearing, at the request of the applicant, on October 29, 2009, at which time written
and oral evidence were presented. Based upon all testimony, documentation, personal inspection of
the property, and other evidence, the Zoning Board finds the following facts to be true and relevant
and makes the following findings:
I. VARIANCE RELIEF REQUESTED
1. Town Law §267-b(3)(b)(3)(D. Grant of the variance will not produce an undesirable change in
the character of the neighborhood or a detriment to nearby properties.
A). There are currently no other wind turbines in the neighborhood. However the Town has
endorsed the use of alternative energy, in this instance, wind energy. The Town Land
Page 3- December 29, 2009
ZBA Fil¢#630g - Shinn Vineyards LLC
CTM: 1000-100-4-3.1 at 2000 Oregon Rd., Matfituck
Preservation Committee has furthermore acknowledged that wind turbines, as agricultural
structures, will primarily be utilized to enhance the agricultural use of the property. The
surrounding neighborhood is zoned AC, and as such, wind turbines are in keeping with the
general rural character of the area and the policies of the Town.
(B). No evidence has been submitted that constructing a wind turbine at the proposed location
will be a detriment to nearby properties or that protection of nearby residential structures will
be diminished by placing a wind turbine in the proposed location. Testimony by a
representative from Green Logic Energy supported the applicants' assurances regarding the
safety of the proposed wind turbine regarding the possibility of collapse in high wind
situations. Also relevant to safety concerns is the fact that the dwelling on the adjoining
property is located more than 420 feet from the proposed wind turbine.
2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some other
method feasible for the applicant to pursue, other than the variance requested. The Land Preservation
Committee has determined that the proposed wind energy structure can be placed on the preserved
farmland property in a location that would not require removing uny vines from production, and that
would be code compliant.
3. Town Law §267-b(3)(b)(3). The variance requested herein is substantial. The Code requires a set
back of at least 300 feet from a property line bordering an existing residential structure, while the
applicants' propose a set back of 136.5 feet which would require a 54.5% variance.
4. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicants' request to
erect a wind turbine was made after the enactment of the Town code provision from which relief is
sought, and because the applicant's applied for and received a grant fi.om the USDA to construct a
small wind energy system in a proposed non-conforming location before obtaining relief for said
location fi.om the ZBA.
5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this
residential community will have an adverse impact on the physical or environmental conditions in the
neighborhood. The subject property is flat, there are no naturally regulated features on site or nearby,
and there are no drainage or runoffissues associated with wind turbines.
6. It is also noted that the applicants sold the development rights to all but 53,078 S.F. of their
property and have chosen to maximize the use of their residual property with a bed and breakfast,
single family home, wine tasting room, wine storage and various other barns, as well as holding
sizeable special events on the property that limit the placement of the wind energy structure within
the 53,078 S.F. area. (See ADDITIONAL INFORMATION, above)
The Board finds, upon applying the balancing test, that the detriment to the character of the
neighborhood and the health, safety and welfare of the community outweighs the potential benefit to
the applicant as applied for.
Page 4- December 29, 2009
ZBA Fi1¢#6308 - Shinn Vineyards LLC
CTM: 1000-1004-3.1 at 2000 Oregon Rd., Mat~ituck
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing
test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by
Member Schneider, and duly carried, to
DENY the variance as applied for
Vote of the Board: Ayes: Members Goehringer, Weisman, Schneider. Members Simon and Homing
were absent. This resolution was duly adopted (3-0).
II. ALTERNATIVE RELIEF
1. Town Law §267-b(3)(b)(3)(1). Grant of Alternative relief will not produce an undesirable
change in the character of the neighborhood or a detriment to nearby properties.
A). There are currently no other wind turbines in the neighborhood. However the Town has
endorsed the use of alternative energy, in this instance, wind energy. The Town Land
Preservation Committee has furthermore acknowledged that wind turbines, as agricultural
structures, will primarily be utilized to enhance the agricultural use of the property. The
surrounding neighborhood is zoned AC, and as such, wind turbines are in keeping with the
g~neral rural character of the area and the policies of the Town.
(B). No evidence has been submitted that constructing a wind turbine at the proposed location
will be a detriment to nearby properties. Safety concerns regarding the possibility of collapse
in high wind situations were adequately addressed in a public heating by a representative
from Green Logic Energy. Altemative relief will increase the setback from the base of the
proposed wind turbine and the applicants' easterly property line from 136.5 ft. as proposed
to 150.5 ft. +/- 2 feet at the closest point, and correspondingly increase the 420-foot distance
between the wind turbine and the neighboring residence by approximately 15 feet, which
further reduces the possible risk to neighbors.
2.Town Law §267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method
other than the variance as requested, but not without considerable additional expense. Although the
applicant's have permission from the Land Preservation Committee to locate a proposed wind turbine
on the Town's development right easement where no variance relief would be needed, the applicants'
have testified that the approved location would be economically unfeasible because it would involve
additional costs as a result of further trenching and a longer and more expensive run of wire. While
the Board acknowledges that the increase in cost of erecting the wind turbine in the conforming
location approved by Land Preservation is immaterial to this consideration, the Board is sympathetic
to the applicants' argument and is granting alternative i'elief to alleviate this burden on the applicants.
3.Town Law §267-b(3)(b)(3). The variance requested herein is substantial. Alternative relief that
brings the setback into greater conformity with the code by increasing the setback from the base of the
proposed wind turbine and the applicants' easterly property line from 136.5 ft. as proposed to 150.5
ft. +/- 2 feet at the closest point will reduce the percentage of the variance from 54.5% to 49.8%. The
Page 5- December 29, 2009
ZBA Fileg6308 - Shinn Vineyards LLC
CTM: 1000-100-4-3.1 at 2000 Oregon Rd., Mattituck
impact of this variance would be less substantial when considering the fact that the dwelling on the
adjoining property, which is also a farm, will be located approximately 430 feet from the proposed
wind turbine.
4.Town Law §267-b(3)(b)(5). The difficulty has been self-created in that the applicants' request to
erect a wind turbine, as proposed, was made after the enactment of the Town code provision from
which reliefis sought. The difficulty itself is mitigated by the fact that alternative relief for the
proposed construction will be in an area from which development rights have been sold to the Town.
5.Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this
residential community will have an adverse impact on the physical or environmental conditions in the
neighborhood. The subject property is flat, there are no naturally regulated features on site or nearby,
and there are no drainage or mnoffissues associated with wind turbines.
6.The alternative relief granted herein is consistent with the recommendation of the Town Planning
Board that the wind turbine be re-located from the applicants' residential lot, based on Planning
Board's concerns about public safety on a crowded site where site circulation and parking are already
substandard. (See ADDITIONAL INFORMATION, above)
The Board finds, upon applying the balancing test, that the benefit to the applicant of alternative
relief outweighs the potential detriment to the character of the neighborhood and the health, safety
and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing
test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by
Member Schneider, and duly carded, to
GRANT ALTERNATIVE RELIEF as follows:
A 120 foot high small wind energy system (wind turbine) may be set back from the applicant's
easterly property line at no less than 150.5 feet +/- 2 feet, located on the Town's easement to the west
of the applicants' residential property line, in a location that is not currently planted with vines.
Conditions:
Approval must be obtained by the applicants' from the Land Preservation Committee, for a
proposed alternative location as granted herein, and submitted in writing to the Board of
Appeals and the Planning Board.
A final survey from a licensed surveyor must be submitted to the Land Preservation
Committee, Zoning Board of Appeals, and Planning Board, showing the exact LPC and ZBA
approved location of the base of the proposed wind turbine, the setback distance from the
easterly property line, and the setback from the existing frame barn on the applicant's
property.
Page 6- December 29, 2009
ZB^ File#6308 - Shinn Vineyards LLC
CTM: 1000-100~1-3.! at 2000 Oregon Rd., Mattituck
No certificate of occupancy for a wind turbine in the alternate location as granted herein and
approved by the LPC shall be issued until the Planning Board has completed a site plan
review of the applicants' 53,078 S.F. residential property and granted approval. Such
approval shall be communicated to the ZBA in writing with a copy of the approved site plan.
4. An engineered light that complies with the intent of dark skies principles shall be installed at
the top of the wind energy slxucture to prevent potential navigational hazards to alrcrat~.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when
issued.
Any deviation from the variance given such as extensions, or demolitions which are not shown on the
applicant's diagrams or survey site maps, are not authorized under this application when involving
nonconformities under the zoning code. This action does not authorize or condone any current or
future use, setback or other feature of the subject property that may violate the Zoning Code, other
than such uses, setbacks and other features as are expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an
alteration that does not increase the degree of nonconformity.
Vote of the Board: Vote of the Board: Ayes: Members Goehringer, Weisman, Schneider. Members
Simon and Homing were absent. This resolution was duly adopted (3-0).
Approved for Filing 12/~7~'/09
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REFERENCE # 98-270
Page 1 of 1
Spiro, Melissa
From: shinnvin@optonline.net
Sent: Thursday, October 01, 2009 8:15 AM
To: Spiro, Melissa
Subject: Shinn Wind Energy Project
Melissa,
Thank you. FYI, we will be meeting with the Zoning Board again on October 29th with the hope of
having them grant a variance for the 1 st site on the reserved part of our operation. We will keep you and
your committee updated.
Again, thank you and your committee for the work you have done on this project.
Regards,
David Page
Shinn Estate Vineyards
..... Original Message .....
From: "Spiro, Melissa"
Date: Wednesday, September 30, 2009 12:57 pm
Subject:
To: Shinn Vineyards
Hi David,
Hard copy with attachments is in the regular mail.
Melissa
Barbara Shinn and David Page
Shinn Estate Vineyards
2000 Oregon Road
Mattituck, NY 11952
631-804-0367
www.shirmestatevineyards.com
www.shinnfarmhouse.com
check us out on Facebook
10/1/2009
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro@town.southold.ny.us
Telephone (631) 765-5711
Facsimile (631) 765-6640
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(corner of Main Rd & Youngs Ave)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southotd. NY 11971-0959
September 30, 2009
Mr. David Page & Ms. Barbara Shinn
2000 Oregon Road
Mattituck, NY 11952
RE: SCTM # '1000-100-4-3.2
Shinn Vineyard Property
Request for Land Preservation Committee Review of
proposed wind turbine on property on which Town owns a development
rights easement
Dear Mr. Page and Ms. Shinn:
The Land Preservation Committee Members, in accordance with Chapter 70 of
the Town Code, reviewed the request you outlined at the meeting of the Committee on
September 15, 2009, wherein you proposed the construction of a wind turbine on
property subject to a development rights easement benefitting the Town of Southold.
The recorded easement for this property allows land within the easement to be
used for the purpose of agricultural production. Section 70-5 (C) of the Town Code
requires that the Committee serve as a review board for the granting of permits for the
construction, reconstruction and additions of, and to, structures in, or on, agricultural
lands in which the development rights have been acquired by the Town.
At the meeting of the Committee on September 29, 2009, the Committee
adopted a motion to approve the construction of a wind turbine in the proposed and
"preferred third" location as described in enclosed written description submitted to the
Committee and as hand drawn on the attached aerial photograph of the property, as
applied for. The Committee is permitting this structure within the development rights
easement on the condition that it is compatible with the purpose of the development
rights easement and subordinate to the agricultural use of the property. Should you
utilize the turbine in a manner that differs in any way from that proposed to the
Committee, or to site the turbine at a location that differs from that proposed to the
Committee, you will be required to obtain additional approval.
The Committee's approval does not mean that you can proceed with
construction or that such use will be approved or permitted by other Town Departments
or agencies. The Committee's approval allows you to proceed with pursuing any
applicable approvals that are required by Town Code.
Please feel free to call me if you have any questions regarding the above.
Sincerely,
Melissa Spiro
Land Preservation Coordinator
enclosures
CC:
Planning Department w/encs.
Building Department w/encs.
Zoning Board of Appeals w/encs.
Town Attorney w/encs.
The BWC Excel wind turbine we are attempting to install on our farm has a
footprint of 64 square feet (8' X 8') and stands 120 feet high. It will produce in
excess of 14000 kwh of energy output that will power our vineyard irrigation /
fertigation system as well as our grape processing operation. This will save us
approximately $4000 in energy costs per year at current LIPA rates. Our
farmhouse is powered by a 10kw photovoltaic solar system. Our tasting room is
on a separate meter.
We have identified three options for locating our turbine. The first and best option
requires a variance from the Town zoning board of appeals. The ZBA has been
reluctant to grant that variance even though the turbine would be located over
500 feet from the nearest neighbor's home.
The second location would require the removal of 276 grape vines, as well as 22
posts and wire. The removal cost would be $1000. Installation of 44 new end
posts and anchors would cost $2500. The removal of vines would result in a loss
of about 345 bottles of wine per year. At an average cost of $15 per bottle we
would lose $5175 in revenue every year. This location would also jeopardize our
grant funding, since the USDA recommends that wind turbines not be located on
agriculturally productive land. This scenario would create a losing proposition
with a net loss of $1175 per year after the cost of installation.
The third location is the one that would require a trench of 1200 feet to a location
in a break in the vines towards the middle of our vineyard. This location would
require larger cable and additional equipment that would cost $9932 which is a
40% increase in our cost. The efficiency of the turbine would be reduced by 2%
because of the long distance from our meter. The payback period would be
increased by 2 ~ years.
BWC EXCEL Installation Manual, SSV Tower
4
2. Tower Height
The smooth flow of the wind over the land is interrupted by obstructions and
topographical variations. These interruptions bring about two important phenomena:
wind shear and turbulence. Wind shear describes the fact that close to the ground the
wind is slowed by friction and the influence of obstacles. Thus, wind speed is Iow close
to the ground and increases with increasing height above the ground. Wind shear is
more pronounced over rough terrain and less pronounced over smooth terrain.
Turbulence is essentially rough air caused by the wind passing over obstructions such
as trees, buildings or terrain features. Turbulent air reduces energy output and puts
greater strain on the wind turbine.
The effects of both wind shear and turbulence diminish with height and can be largely
overcome simply by putting the machine sufficiently high above the ground. This may
be accomplished by putting the machine on the highest possible ground and on the
highest feasible tower. As a minimum, the machine should be at least 12 m (40 ft)
above any obstructions within 100 m (330 ft) in the prevailing wind direction, and
preferably in all directions. Even in perfectly fiat areas, we recommend that the tower
be at least 24 m(80 ft) high. In areas with trees, please bear in mind that trees grow
and the tower height needs to be based on the mature height of trees in the vicinity.
Further, because the power in the wind increases as the cube of the wind velocity
(P = KV3 means, for example, that doubling the average wind speed increases the
energy output by a factor of eight!) a small increase in average wind speed will result in
a large increase in long-term energy output. Table 1 shows the influence that tower
height can have on annual energy output for the BWC EXCEL wind turbine under
typical inland site conditions. Wind speed may increase dramatically with tower height in
hilly or wooded areas. Even in fiat open areas, power production will increase
significantly with tower height.
Tower HeiRht Wind Speed at Hub HeiRht Annual Output
Meters Feet Meters/Sec. Miles/Hour kWh
18 60 4.8 10.8 11,000
24 80 5.0 11.2 12,200
30 100 5.2 11.6 13,300
37 120 5.3 11.9 14,300
Table 1:
Variation in wind speed and expected annual energy
output with tower height.
Tower height can range from 18 to 43 m (60 to 140 fi), but 30 and 37 m (100 and 120 fl)
are the most common heights. For self-supporting towers, the marginal costs increase
rapidly with increased height; higher towers do not provide improved system economics.
BWC EXCEL Installation Manual. SSV Tower
15
Figure 3. SSV Tower Elevation and Schedule
Page 1 of 1
Spiro, Melissa
From: Spiro, Melissa
Sent: Tuesday, April 07, 2009 4:09 PM
To: 'Shinn Vineyards'
Cc: Toth, Vicki; Verity, Mike; 'John'
Subject: RE: Shinn/wind/building dept.
Hi David,
Please find the following to confirm our telephone conversation of a few minutes ago.
I spoke to Vicki in the Building Department. It appears that the wind turbine you have applied for is within the
Reserve Area (non-PDR easement area) of your property. Therefore, no Land Preservation Department (or Land
Preservation Committee) action is needed. Land Preservation action is needed if the requested use is within the
preservation area only.
It is my understanding that you have not subdivided the Reserve Area from the Easement Area. Therefore, the
total property area is that of the combined Reserve Area and Easement Area. The Building Department can
verify this with the Planning Department if there is a question as to total properbj area.
If your wind turbine application changes and request is made for it to be located within the Easement Area, review
and approval from the Land Preservation Committee will be required.
Please let me know if you have any questions regarding the above.
Melissa
From: Shinn Vineyards [mailto:shinnvin@optonline.net]
Sent: Monday, April 06, 2009 5:22 PM
To: Spiro, Melissa
Subject: Shinn/wind/building dept.
Melissa,
Vicky in the building department called and said that I could not get a disapproval letter for my wind
application until she spoke with the land preservation office.
We need the disapproval so that we can go to ZBA for a variance.
How can we expedite this process?
David Page
Shinn Estate Vineyards
4/8/2009
Page 1 of 1
Spiro, Melissa
From: SpiroI Melissa
Sent: Wednesday, April 01, 2009 2:10 PM
To: 'shin nvin@optonline, net'
Subject: RE: wind turbine
Hi,
Yes, the Committee discussed your wind turbine request last night.
The wind turbine is proposed to be located within an area outside of the PDR easement area.
The Committee decided that since the turbine was located outside of the PDR easement area, that LPC
comment/review/approval was not needed.
When you apply to the Building Department and/or ZBA for the permit, should LPC comment/review/approval be
required, the LPC will review the application.
Please let me know if you have any questions regarding the above.
Melissa
From: shinnvin@optonline.net [mailto:shinnvin@optonline.net].
Sent: Wednesday, April 01, 2009 10:09 AM
To: Spiro, Melissa
Subject: wind turbine
Melissa,
Did the committee have a chance to discuss the wind turbine? Can you update me?
Thanks,
David Page
Barbara Shinn and David Page
Shinn Estate Vineyards
2000 Oregon Road
Mattituck, NY 11952
631-804-0367
www.shinnestatevineyards.com
www.shinnfarmhouse.com
check us out on Facebook
4/1/2009
Page 1 of 1
Spiro, Melissa
From: Shinn Vineyards [shinnvin@optonline.net]
Sent: Wednesday, March 25, 2009 12:51 PM
To: Spiro, Melissa
Subject: Shinn Estate Vineyards
Melissa,
We have plans to erect a wind turbine on our property adjacent to our DRS land. Because it's location will
be within 100 feet of the DRS portion of our property we are told we will need a letter from your office supporting
our effort to use a sustainable resource to provide the electricity needed for our farm. This letter would be written
to the ZBA so that they can consider our plan. Can we get on next weeks agenda so that we can move forward in
a timely manner? You can call me at 631-804-0368 or email me at shinnv!n@optog!ir~e,net. Thank you.
Regards,
David Page
Shinn Estate Vineyards
3/26/2009
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