HomeMy WebLinkAboutSmith, Thornton E ( Macari)1000-120-5-1
1000-121-1-1.6
(f/k/a 1000-121-1-p/o 1.1)
Baseline Documentation
Premises:
Bergen Avenue
Mattituck, New York
33.8928 acres
Development Rights Easement
THORNTON E. SMITH
to
TOWN OF SOUTHOLD
Easement dated January 25, 1996
Recorded February 1, 1996
Suffolk County Clerk - Liber 11760, Page 694
SCTM #:
1000-120-5-1 and
1000-121-1-.6
(f/k/a 1000-121-1-p/o 1.1)
Premises:
Bergen Avenue
Hamlet:
Mattituck
Purchase Price:
$271,600.00
(as per title policy)
Funding:
Agricultural Lands
Capital Funds
Total Parcel Acreage:
80.5893 acres
Development Rights:
Lot #1 = 28.8633 acres
Lot #2 = 5.0295 acres
(total easement = 33.8928 acres)
Additional Lots Created:
Lot #3 = 13.4057 acres
(transfer to Peconic Land Trust)
Lot #4 = 5.3280 acres
Lot #5 = 5.0022 acres
Lot #6 = 5.1861 acres
Lot #7 = 5.0008 acres
Lot #8 = 5.0055 acres
Lot #9 = 5.0003 acres
Right of Way:
Parcel A = 2.7679 acres
(transfer to Peconic Land Trust)
Zoned: A-C
Existing Improvements: None in January 1996
Valuation of the Entire Promerty
A. DescriPtion of the Site
The subject property will consist of two adjoining
parcels rectangular in shape. The total acreage offered will
be approximately 32.9719 acres per a survey dated 3/10/95.
There will a 16' right of way road along the south border.
The right of way will not affect the subject property
adversely. The subject has approximately 810' of roadfront on
Bergen Avenue. The total depth is approximately 1,900'. The
sites are gently rolling, open and tillable. There are no
improvements. The soils are mostly haven loam with 0-2%
slopes. The soils are well suited for farming and
development. The hazard of erosion is slight.
The public utilities are electric and telephone. Water
would be provided from private well and there would be
private cesspools. Bergen Avenue is macadam road publicly
maintained. There are street lights, no sidewalks or curbs.
The subject is located in a mostly farming region. There
are residential homes nearby. There is a winery adjoining to
the south. There are horse farms and vegetable growers. There
is some light retail on the corner of Sound Avenue and Cox's
Road. The nearest commercial district is Mattituck Village
located about 1 mile east.
11
P
R
0
P
E
R
T
Y
V
I
S
U
A
L
S
,.1(,I
0 N ¢
L A N D
CAPTAIN
ESTATI:S
AURE
MAT, ITUCI
11952
!!
____~'THORNTON ~E. SMTFH
SKETCH PLAN
....... Peconic Land Trust
1
9
9
5
P
H
O
T
O
S
1995 photos
Subject
Look East
ect
North
Subject
Look West
1995 photo
Subject
Street
A
P
P
R
A
I
S
A
L
R
E
S
0
L
U
T
I
0
N
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN .BOARD AT A REGULAR MEETING HELD ON MAY 2, 1995:
RESOLVED that the Town Board of the Town of Southold hereby engages
the services of Andrew D. Stype, Certified Real Estate Appraiser, to
conduct appraisals on behalf of the Land Preservation Committee, at a total
fee of $2,000.00, of properties of: Thornton E. Smith, Bergen Avenue,
Mattituck, N.Y. (Tax Map No. 1000-121-1-1.1), approximately 37 acres;
and John A. Sepenoski, Old North Road, Southold, N.Y. (Tax Map No.
1000-54-3-24.1), 51 acres.
Southold Town Clerk
May 3, 1995
P
U
B
L
I
C
H
E
A
R
I
N
G
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VlTAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 8, 1995:
RESOLVED that the Town Board of the Town of Southold hereby sets 8:05
P.M., Tuesday, August 22, 1995, Southold Town Hall, as time and place
for a public hearing on the question of the acqiuisition of farmland
developmen.t rights on the property of Thornton Smith, Bergen Avenue,
Mattituck, N.Y. (Tax Map No. -1000-121-1-1.1), approximately 37 acres.
Southold Town Clerk
August 9, 1995
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of the
Agricultural Lands Preservation Law of the Town of Southold, constituting
Chapter 25 of the Southold Town Code, the Town Board of the Town of
Southold will hold a public hearing on the 22nd day of August, 199S, at
8:05 P.M., at the Southold Town Hall, Main Road, Southold, New York,
on the question of the acceptance of the option for the acquisition, by the
Town of S,outhold, of the development rights in the agricultural land owned
by Thornton Smith, Bergen Avenue, Mattituck, N.Y., comprising
approximately 37 acres (Tax Map No. 1000-121-1-1.1).
FURTHER NOTICE IS GIVEN that option agreements between Thornton
Smith and the Town of Southold, containing a more detailed description of
the above mentioned parcel of land, is on file in the Southold Town Clerk's
Office, Southold Town Hall, 53095 Main Road, Southotd, New York, and
may be examined by any interested person during normal business hours.
Dated: August 8, 1995.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON AUGUST 17, 1995, AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN
HALL, PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
Town Board Members
Town Attorney
Land Preservation Committee
Thornton Smith
Town Clerk's Bulletin Board
IN THE MATTER OF
AGRICULTURAL LAND
SOUTHOLD TOWN BOARD
AUGUST 22, 1995
8:05 P.M.
THE QUESTION OF DEVELOPMENT
RIGHTS
OWNED BY THORNTON SMITH
IN THE
Present:
Supervisor Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussle
Councilwoman Ruth D. Oliva
Councilman Joseph L. Townsend, Jr.
Justice Louisa P. Evans
Town Clerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR WICKHAM: Weql launch into the second hearing. Ruth?
COUNCILWOMAN OLIVA: "Notice of Public Hearing. Notice is hereby given
that pursuant to the provisions of the Agricultural Lands Preservation Law of
the Town of Southold, constituting Chapter 25 of the Southold Town Code,
the Town Board of the Town of Southold will hold a public hearing on the
22nd day of August, 1995, at 8:05 P.M., at the Southold Town Hall, Main
Road, Southold, New York, on the question of the acceptance of the option
for the acquisition, by the Town of Southold, of the development rights in
the agricultural land owned by Thornton Smith, Bergen Avenue, Mattituck,
N.Y., comprising approximately 37 acres (Tax Map No. 1000-121-1-1.1).
FURTHER NOTICE IS GIVEN that option agreements between Thornton Smith
and the Town of Southold, containing a more detailed description of the above
mentioned parcel of land, is on file in the Southold Town Clerk's Office,
Southold Town Hall, 53095 Main Road, Southold, New York, and may be
examined by any interested person during normal business hours. Dated:
August 8, 1995. Judith T. Terry, Southold Town Clerk." This has been
published in The Suffolk Times. I have an affidavit, and also, an affidavit
that it has been published on the Town Clerk's Bulletin Board. There's no
further communication.
SUPERVISOR WICKHAM: Would anyone llke to address the Board on this
opportunity. Yes, sir?
JOE GOLD: Joe Gold from 'Cutchogue. I~m Chairman of the Land Preservation
Committee, and the committee is very pleased today to present this property
to the Board, as the first purchase of Development Rights under the 199~,
Bond Issue, because it's a very valuable piece of property. The bulk of
the land the soil is classified as prime agricultural soil. It's been used
for general farming, but there is clear indications that it's going to be
either rented, or purchased by an adjacent vineyard. That whole area is
becoming one of the major vineyard areas in the town with the expansion to
pg 2 P.H.
the north of it. But, it's more than just the purchase of development rights
to this piece of farming property. This is part of a package, that the owner
has worked out with the Town, and with Peconic Land Trust. The 37 acre
farm is part of an 81 acre parcel, and the owner is intending to get a
conservation easement to the Land Trust for 27 acres of that, so that a
particularly wooded piece of land, 27 acres, along the road there, would be
forever preserved. The remaining property is about 21 acres, and on that 21
acres there will be a limited development of four houses. So, we're really
leveraglng the Town's money here dramatically by purchasing the development
rights to 37 acres. We're taking a parcel and converting it into perpetual
farmland, a perpetual conservation area, and limited development. The
Committee unanimously and strongly recommends the purchase of development
rights on this property. Thank you.
SUPERVISOR' WlCKHAM: Thank you, Joe, and thanks to the committee for
it's hard work on this proposal. Would anyone else llke to address the Board
on the subject of the hearing? (No response.) Itms my understanding that
the parcel is on the order of 30 acres?
JOE GOLD: The farm is 37 acres.
SUPERVISOR WICKHAM: Thirty-seven, $267,000, and this is the acquisition
of the development rights to the property. The family will continue to own
the underlining fee title. Is there anyone who would llke to address the
Board on this topic? (No response.) Hearing none, I declare the hearing
closed.
~" Judith T. Terry (~
Southold Town Clerk
P
U
R
C
H
A
S
E
R
E
S
0
L
U
T
I
0
N
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON AUGUST 22, 1995:
WHEREAS, the Town Board of the Town of Southold entered into an option
agreement with Thornton E. Smith for the purchase of the development
rights in agricultural lands; and
WHEREAS, the Town Board held a public hearing with respect to said
option on the 22nd day of August, 1995, pursuant to the provisions of the
Southold Town Code; and
WHEREAS, the Town Board deems it in the public interest that the Town
of Southold acquire the development rights in the agricultural lands set
forth in the option agreement between the Town and Thornton E. Smith;
now, therefore, be it
RESOLVED that the Town Board hereby elects to exercise the option to
purchase the agricultural rights in the aforesaid agricultural lands owned
by Thornton E. Smith; and be it
FURTHER RESOLVED that the Town Clerk be and she hereby is authorized
and directed to give notice of such acceptance to Thornton E. Smith; and
be it
FURTHER RESOLVED that the Supervisor be and hereby is authorized and
directed to execute any and all required documents for the acceptance of
said development rights.
~ .erry
Southold Town Clerk
August 23; 1995
R
E
C
O
R
D
E
D
D
E
E
D
11760 P;694
Number of pages ~:~
TORRENS
Serial g
Certificate #
Prior Cfi. #
Deed / Mortgage lnslrument
[] 20450
2041
Deed / Mortgage Tax $1amp
RECORDED
96FE[I-I rd'IlO: 56
SUFFOLK CflUHTY
Recording / Filing S~nps
Handling _ __
TP-584 ' (a .
Notation
EA~5217 (County) 5~.
EA-52n (stat~) c-~f,
R.P,T.S.A. I~' (fo
Corem· of Ed. _5 . O0
Affidavit ,
Reg. Copy
O~her
Sub Total
FEES
Sub Total
ORANDTO'FAL 7 ~'7__
Morlgage Ami.
I, Baslc Tax
2. Additional Tax
Sub Tnlal
Spec./Asslt.
or
Spe~./Add.
TOT. MTG. TAX
Dual Town -- DuM Counly __
Transfer Tax /~ .r:~-
Mansion TaX '~'~' '~ 7~,~
Real Property Tax Service Agency Verification
Dist. Lot
Section Block
['-~ Commonwealth ·
Land Title [nsuranc~ Company
RECORD & RETURN TO
(ADDRESS)
Tille Compnny hfformalhm
Company Ntune
14//q50970
Title Number
~l FEE PAID BY:
Cash __ Check Charge
Payer same as R & R __
(or i[ different)
Suffolk County Recording & Endorsmnent Page
made by:
In the VILLAGE
or.^, LETo, ___
BOXES $ TitRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
OF
DL~/-I~.OPM]~I~I' RIGI-r~
FOR MICRCmI,M
TI{IS INDENTURE, made this 25th day of January, 1996,
BETWgEN THORNTON E. SMITH, residing at 44 Brookside Drive, Flandome, New
York, party of the first part, and
THE TOWN OF $OUTHOLD, a municipal corporation of the State of New York,
having its office and principal place of business at 53095 Main Road, Town of Southold,
County of Suffolk and State of New York, party of the second part.
That the party, of the first part, in consideration of ten ($10.00) dollars, lawful
money of the United States, and other good and valuable consideration paid by the party of
the second part,
DOEB I-IEI~KBY GRANT AND ~EI.EA,5£ unto the party of the second part, its
successors and assigns forever, the DEVELOPMENT RIGEIT$, 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 Code of the Town of $outhold, and the fight to prohib/t or restrict the use of the
premises for any purpose other than agricultural production, to the properties described
in the attached Schedule A.
TOGIgTHER with the non-exclusive right, ff any, of the party of the first part as to the
use for ingress and egress of any streets and roads abutting the described premises to the
center lines thereof,
TOGETI-I~R w/th 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 concerne&
TO HAVE AND TO HOLD the said DEVELOPMENT RIGHTS 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 aforesai& 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 its
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.
AND the party, of the first part, covenants in all aspects to comply with Section 13 of
the Lien Law, as same apphes with said con'reyance.
The definition of "Apr/cultural Production" as defined in Section 25-30 of Chapter
25 of the $outhold Town Code is as follows:
Agricultural Production ~ shall mean the production for commercial
purposes of crops, livestock and livestock products, but not land or
portions thereof used for processing or retail merchandising of such
crops, livestock or livestock products. Land used in agricultural
production shall also include fences, equipment storage buildings,
livestock barns, irrigation systems, and any other structures used
exclusively for agricultural purposes.
The party of the first part and the party of the second part do hereby covenant and
agree in perpetuity, that either of them or their respective heirs, successors, legal repre-
sentatives or assigns, shall only use the premises on and after this date for the purpose of
such agricultural production and the grantor covenants and agrees that the underlying fee
title may not be subdivided into plots by the filing of a subdivision map pursuant to
Sections 265 and 277 of the Town Law and Section 335 of the Real Property Law, or any
LEG[BILlY POOR
FOP, MICROFILM
of such sections of the Town or Real l~roperty Law or any laws replacing or in furtherance
of them.
The word "party" shall be construed as if it reads "parties" whenever the sense of
this indenture so requires.
I/q Wrl-tq~&5 ~OF, the party of the first part has duly executed this deed the
day and year first above written. ~~6x~ ~f..~i~,
Thornton E. Smith
$TATI~ OF NEW YORK)
COUN'I~ OF
On the 25th day of January, 1996, before me personally came Thornton E. Smith to
me known to be the individual described ha and who executed the foregoing instrument,
and acknowledged that he executed the same.
Notary P{tl~i~ c/
January 15, 1~96
Surveyor's Description: I,ot No. 2 ,,'l~hol:nto~ Smith".
Development Rights To Be Conveyed To The Town of Southold.
Ail that certain plot, piece, or parcel of land with the
buildings and improvemerlts thereoi] erected,
beillg, at Mattituck, Town of Southo]d, County o~ .quffolk al~d State
of New York, boul~ded mild described aB foJlows:
Smith the following two (2) courses a~1d distances:
or formerly Thomas Zaweski atld Chrtsti~,e Zaweek]
Christine gaweski tile following two (2} eotlrse~ and distances:
CONTAININ0 ar~ area of 5.0295 Acres.
Sd~ed.l~ A
I o£2
11760
January 16, 1996
Surveyor's Descriptlon~ hot No. 1 "Thornton Smith".
Development Rights To Be Conveyed To The Town of Southold.
Suffolk County Tax Map 1000-12I-]-Part of 1.1
All that certain pIot, piece, or parcel of ]and with the
buildings and improvements thereon erected, situate, lying and
being, at Mattituck, Town of Southold, County o£ Suffolk and State
of New York, bounded and described as follows:
BEGINNING at a point o1% the easterly side of Bergen Avenue,
said point bein9 situate North 32 deg. 34 min. 43 sec. West a
dj. stance of 267.89 feet as measured along the easterly side
now or formerly Minas Mihaltses and VassilJ. k Mihaltsee a distance
the following two (2) courses and distances:
now or formerly Thornton Smith a distance of 648.73 feet to the
northerly' ~ide of a proposed Right of Way;
followin~ eight (8) courses and distances!
CONTAINING an area of 28.8633 Acces.
Sched.le A
T
I
T
L
E
P
0
L
I
C
Y
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
commonwealth.
Land Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS AND STIPULATIONS, COMMONWE.M. TH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein
called the Company, insures, as of Date of Policy shown in Schedule A, against lo~ or damage, not exceeding the Amount of Insurance stated
in Schedule A, sustained or incurred by the insur~:l 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 enctunbra~ce on the rifle;
3, Unmarketability of the rifle;
4. Lack of a fight of acc--~s to and from the land.
The Compauy will also'pay the ¢os~, attorneys' fees and eXl~Ses incurred in defense of the ririe, as insured, but only to the esitent provided
in the Condirions and Sripnlarions.
IN WITNESS WHER. EOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it~ corporate nme and seal to be
hereunto affixed by its duly authorized officers, the Policy to bo:omc valid when countersigned by an authorized officer or agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
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:
l. (a) Ally 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 Ioearion of any improve-
ment now or hereafter ~ec~ed on the land; (iii) a separation ia ownership or a change in the dimensions or area of the {and 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 :hat a ooric~ of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecung the land has been recorded in the public records at Date of Policy.
(b) Any governmental potice power not excluded by (a) above, except to the extent that a notice of the exerci~: thereof or a notice of a def~t,
lien or encumbrance resulting from a violation or alleged violation affecring the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the ~xercise thereof has been recorded in the public re~ords at Date of Policy, but not ¢xclu~ing
from coverage any taking which has occm'red prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, riot ;eeorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
(c) resulting in ao loss or damage to the insured claimant:
(d) attaching or created subsequent ko Date of Policy; or
(e) resuinng in loss or damage which would not have been sustained if the insured claimani had paid value for the estate or interest insured
by this policy.
4. Any claim, which arLse~ out of the ~tion vesting in the insured the estate or interest insured by this policy, by rea.son of the operation
of federal bankruptcy, state insolvency, or similar cr~Litors' rights laws. that is based on:
(a) the transaction creating :he estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent tramfer: or
(b) the transaction creating the .-state or interest insured by this policy being deemed a preferential transfer except where the preferential transfer
(il) of such recordation to impart notice ~o a purchaser for value or a )udgment or lien creditor.
NM 1 PA10
ALTA Owner's Policy (10-17-92) Valid Only If Schedules A and B and Cover .Me Attached
AMOUArf OF INSI/R3~NCE:
DATE OF POLICY:
$ 271,600.00
01126/96
NAME OF INSURED:
TH~ TOWN OF SOu'£aOLD
SCHEDULE A
POLICY NO. 206-081772
TITLE NO. R/{950970
THE ESTATE OR INTEREST IN THE LAND WHICH IS COVEP~ED BY THIS POLICY IS: DEVELOPMENT RIGHTS
TITLE TO TH~ ESTATE OR INTEREST IN THE LA_ND IS VESTED IN:
.Deed made by THORTON E. SMITH to THE INSI/RED, dated 1-25-96 and duly
recorded in the Office of the Clerk for the County of Suffolk.
T}IE LAND REFEP~RED TO IN THIS POLICY IS DESCRIBED IN SAiD INS~U~4f2Vf, iS SITUATED iN THE
COUNTY OF SUFFOLK, STATE OF NEW YORK, AND IS IDENTIFIED AS FOLLOWS:
SEE SC}IEDULE "A" ATTAC~ED
Countersi?ned: ~ ~
Authorized Officer or z~gent
COMMOArWEALT~, LAIRD TITLE LNSU~LNCE COMPAi%Y
TITLE NO. P-q950970
S Ct{EDULE A
T~E PREMISES IN Wt{IC~ T!{E INSURED }{AS THE ESTATE OR INTEREST COlrEP, ED BY T}{IS POLICY
ALL that certain plot, piece, or parcel of land situate, lyin9 and being at Mattituck,
Town of Southold, County of Suffolk and State of New York, .botmded and described as
follows:
BEGINNING at a point on the easterly side of Bergen Avenue, said point being situate
North 3h degrees 34 minutes 43 seconds West a distance of 177.89 feet as measured along
the easterly side of Bergen Avenue from the intersection of the easterly side of Bergen
Avenue and the northerly side of Sound Avenue;
RU1TRING THENCE North'32 degrees 34 minutes 43 seconds West along the easterly side of
Bergen Avenue a distance of 40.00 feet to the southerly side of proposed Right of Way;
RUNNING THENCE along the southerly side of proposed Right of Way and through land now
or formerly Thornton Sm/th the following four (4) courses and distances:
1. North 57 degrees 25 minutes 17 seconds East, 675.00 feet;
2. Afkong the arc of a curve to the right ~ving a radius of 710.00 feet a distance of
246.41 feet;
3. North 77 degrees 18 minutes 24 seconds East, 50.00 feet;
4. ~_long the arc of a cu-'-ve to the left having a radius of 735.00 feet a distance of
164.19 feet to a point;
RUNNING THENCE still through land now or formerly Thornton Smith the following two (2)
courses and distances:
1. South 15 degrees 24 minutes 03 seconds East,
2. South 74 degrees 35 minutes 57 seconds West,
Thomas Zaweski and Christine Zaweski;
520.17 feet;
160.89 feet to land now or formerly
RU1T~ING T~]~NCE along land now or formerly Thomas Zaweski and Christine gaweski the
following two (2} courses and distances:
1. North 15 degrees 24 minutes 03 seconds West, 87.57 feet;
2. South 80 degrees 00 minutes 35 seconds West, 220.16 feet to land now or formerly
Suffolk County Industrial Development Agency;
RLrNNING %~IEIqCE along land now or formerly Suffolk County Industrial Development Agency
the following two (2) courses and distances:
1. North 31 degrees 29 minutes 01 seconds West, 338.83 feet;
2. South 57 degrees 25 minutes 17 seconds West, 644.58 feet to the easterly side of
Bergen Avenue and the point of place of BEGINNING.
FOR CONV-EYANCING ONLY, (Together with all right, title and interest of,
IF IA~ENDED FOR CONVEYANCING(and to any streets and roads abutting the above
(described premises, to the center line thereof.
SCHEDULE B
EXCEPTIONS FROM COVERAGE
POLICY NO.
TITLE NO.
206-081772
R-E950970
This policy does not insure against loss or damage (and the Company will not
pay costs, atto,~neys' fees or expenses) which arise by reason of:
Subject to secoDd half 1995/96 real estate taxes.
Rights or claims of parties other than ='~u~ INSURED in actual possession of any or
all of the property.
In the absence of a survey, Company will not ~=
cer=_~y as to the location nor
dimensions of within described premises on all sides, and will except any state of
facts anaccurate survey may show.
COMMONWEALTH LA/~D TITLE INSUR3%NCE COMPAADI
ST.~NDARD NEW YORK ENDORSE~I~T
OWNER' S POLICY
TO be attached and made a part of Policy Number: 206-081772
The following is added to the insuring provisions of the face page of this policy:
"S. 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."
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 Lnsured interest is later than
the poli~z date, such policy shall also cover intervening liens or encumbrances,
except real estats ~axes, assessments, water charges and sewer rents."
herein contained sb~i! be construed as extending or changing the effective data of said
policy, unless othe~#ise expressly stated.
This endorsement, when counusrsigned below by a validating signatory, is made a part of the
policy and is subject to the ~xclusions from Coverage, Schedules, Conditions and Stipulations
therein, except as modified by the provisions hereof.
Dated: 01/26/96
COMMONWEALTH LA/~D TITLE INSURANCE COMP.%A~Y
VICE PRESIDENT .~VD' BRANCH ¥~%NAGER
1. DEFINITION OF TERMS.
The following terms when used in this polio3 mean:
to) "insured": the insured named in schedule ^. and. subJecI to
rights or defenses the Compan) would have had against the named insure,~.
those who succeed Io the lntert:st of the named insured by operation of
as dislmguished from purchase including, but nol limited to. heirs.
distrJbut~es, devisees, survivors, personal representat}ve~, nexl o:~ kiP..
corporate or fiductaD successors
lb} t'insured claimam": an insured claiming loss or ciamage
lc} "knowledge" or "kno~'n": actual knowiedee, nol construellve
knowiecige or notice which ma) be imputed to an ms'red by reason of the
public records as defined in this policy or am other records which tmparl
constructive not,ce of matters af~ecfin~ the laird.
(dl "iand": the land described or referred to In Schedule A. anh
tmprovements affixed therelo which b) law constitute rea] property. The
term "land" does not include an) properD beyond the lines of lt~e are~
described or referred to in Schedule A. nor an3 right . title, interest, estale
or easemenl in abutting streets, roads, ax~nues, alieys, lanes, ways or
waterways, bul nothing herein shall modif3 or limb the extent Io which
right of access to and from the land is insured by Ihis poiie).
tn) "mortgage": mortgage, deed of trust, trust deed. or other secant)
instrument.
(f) "public records": records established under state statutes at Date of
Policy for Ihc purpose of imparting constructive notice of matters relating
to re, al property Io purchasers for value and withoul knowledge With
respect to Section I(a) (iv) of the Exclusions From Coverage. "public
records" shall also include environmental protecoon liens flied in the
records of the clerk of the United States d~stnel tour, for the distficl in
which the land is located.
(g) "unmarketabiiity of the title": an alleged or apparem matter affectine
the title Id the land. not excluded or excepted from coverage, which wouia
entitle a purchaser of the estate or inleresl described in Schedule A to be
released from the obligaPon to purchase by virtue of ~ contractual
condition requiring the deliveD of marketable titte.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE
OF TITLE.
The coverage of this policy shall continue in force as of Date of Pobe~ in
favor of an insured on}y so long as the insured retains an estate or int~resl
in the land. or holds an indebtedness secured by ~ purchase munn)
mortgage g~,'en by a purchaser from Ibe insured, or only so long as the
insured shall have liability bi, reason of covenants of warrant)' made by the
insured in any transfer or conveyance of the estate or interes: This
spoil nol continue in force in favor of an3 purchaser from Ihe insured of
either (i) an estate or interest in the land. or 0i) an indebtedness secured b3r
a purchase money mortgage given to the insured
:3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall noti~, the Company promptly in writing (i) in case of
any litigation as set forth in Section 4la) below. (ii} in case knowledge shall
come IO an insured hereunder ol an) claim of title or interesl which is
adverse to lbe lille to the estate or mlerest, as insured, and which mighl
cause loss or damage for which the Company may be liable by virtue of
this policy, or (iii) if title Id the estale or interest. ~s ensured, is-rejected as
unmarketable If prompt notice shall not be given Io the Compan3. then as
to the insured all liability of the Compan3 shall terminate with regard to
the matter or matters for which prompt notice is required: provided.
however, that failure Id nodf)' the Company shall in no ~ase pre)udice the
rights of any insured under this policy unless the Compan~ shall be
prej.udiced by the failure and then only 16 the ex cn of the prej~d ce
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF
INSURED CLAIMANT TO COOPERATE.
la) Upon written request by the insured and subiect to the options
~ontained in Section 6 of these Conditions and Sfipulaiions the Company.
at its own cost and without unreasonable delay, shall provide for the
defense of an insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, bul only as 1o those stated causes
of action alleging a defect, lien or encumbrance or other matter insured
against by this policy. The Company shall have the right to se}ecl counsel
of its choice (subject to the right of the insured to ob eel for reasonable
cause) Io represenl the insured as to those stated causes of action and shall
not be liable for and wil[ not pay the fees of any other counsel. The
Company wil~ not pay any fee~. costs or expenses incurred by the insured
in the defense of those causes of action which allege matters nol insured
against by this policy.
lb) The Company shall have the fight, at its own cost, to institute and
pr~sscule any action or proceeding or Io do an), other act which in its
opinion may be necessary or desirable to establish lbe title 1o the estate or
inlerest, as insured, or to prevent or reduce loss or damage to the insured
The Compan) ma), take an) appropriate action under the lerm$ of this
policy, whether or nol il shall be liable hereunder, and shall not thereby
concede liabililv or waive any provision of this policy. If the Compani'
shah exercise it~ rights under (his paragraph, il shall do'so diiigendy
B 1 1g0-1
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permilted b) the provisions of this pohc>, thc
Company mai pursue an)' litigation to final determination b) a court of
competent jurisdiction and expressly reserves lhe right, in ~ts sole d~scretion.
to appeal from an)' adverse tudgmenl or order
ed) In all cases where this policy perm~ls or requires the Compan3 Iv
prosecule or provide for the defense of anx actton or proceeding, the
insured shall secure to thc Company Ibe rlgh't Io so prosecute or provide
defense in the action or proceeding, and all appeals therein, and permil the
Compan3 Io use. at ,s opuon, the name of the insured for this purpose
Whenever requested b3 th,* Company. the insured, al the Companx'~
expense, shall g~ve Ihe Company ail reasonabie aid (i) in an~ actmn
proceeding, securing evidence, obtaining witnesses, pros~cutin~ or
defending the action or proceeding, or eff¢cting settlement, and (ii} in anx
other lawful act which in the opimon of the Companx max be necessarx o?
desirable lo establish the tide lo the estate or interest ds insured If' the
Compan~ is prejudiced bi the failure of thc insured to furnish the redu~red
cooperation, the Company's obligations to the insured under the
shall terminate, including an) liabilit) or obligation Id defend, prosecute, or
conunue an)' litigation, with regard to the matter or matters redmrmg such
5. PROOF OF LOSS OR DAMAGE.
In addition lo and after the nottces required under Section 3 of these
Condibons and Stipulations have been provided the Compan). a proof of
furnished to the Compan) within 90 days after the insured claimam shaii
ascertain the facts g~ving rise to the loss or damage. The proof of }dSS or
damage shall describe the defect in, or lien or encumbrance on the title, or
other matter insured against by this poii~ which constitutes the basis o[
loss or damage and shall stale, to the extenl possible, the basis of
calculating the amdahl of the loss or damage. If the Company is prejudiced
bv the fat urn of the nsured claimant to provide the required proof of loss
or damage, the Company's obligations to the insured under Ibe policy shall
terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, wilh regard to the matter or mailers requiring such
proof of loss or damage.
In addition, the insured claimant mai, reasonably be required to submh
Company and shall product fo{ examination, inspection and copying, al
such reasonable times and places as may be designated by an'~' authorized
representative of the Company. all records, books. 'ledgers. checks
Date of Policy. which reasonably pertain to the loss or damage. Further.
requested by any authorized representative of the Compan) , the insured
cMimanl shall grant us permission, in writing, for an) authorized
control of a third part), which reasonab}x pertain to Ihe loss or dot'age
All information designaled as confidential 'by the insured claimant provided
to lhe Company pursuant Id this Section shall not be disclosed to others
administration of the claim. ~Failure of the insured 'claimant to su6mil for
parties as required in this paragraph shall term(note any liabi~il) of the
Company under this poii~ as Id Ihal claim,
&. OPTIONS TO PAY OR OTHERWISE SI:I I L£ CLAIMS;
TERMINATION OF LIABILITY.
In ~se of a claim under this pobey, the Company shall have the
following options;
this policy Iogetber with any costs, atlorne.vs' fees and expenses incurred bx
thc insured claimant, which were authorized by the Company. up to th~
time of paynlant or tender of paymenl and which the Compan:, is obliga-
ted Io pay.
Upon the exercise by the Compan3 of this option, all liability and
obligations to the insured under this policy, other than to make the
pa)anent required, shal] terminale, including any liabilil)r or obligation lo
defend, prosecute, or continue any litigation,' and the poiic) shall be
surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other lhan the Insured or
With the Insured Claimant.
({) to pay or otherwise settle with other parties for or in the name
of an insured claimant any claim insured againsl under this po]ic!. together
claimant which were authorized by the Company up to time of paymenl
and which the Company is obiigal'ed to pa!'; or
(ii) to pay or otherwise settle with Ibe insured ciaimanl the loss or
damage provided for under this policy, together wilh an)r COSTS, attorneys'
fees and expenses incurred by the insured claimant which were authorized
by the Company up IO the ~ime of paymenl and which the Compan3 is
obligated to pay
Upon Ibe exercise by the Company of either of the options provided for
m paragraphs lb)0) or Iii). the Company's obligations Io the insured under
recruited to be made, shall terminate, including an3 Jiabihl~ or obligation to
Conditions ami Stipulations Continued Inside Cover
CONDITIONS- AND STIPULATIONS
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE·
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered loss
or damage by reason of matters bisured against by th s policy and only to
the extent herein described.
(a) Thc liability of the Company under this policy shall not exceed the
least of:
(1) 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 gO 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 e~tate or biterest by at least 20
~orcent over the Amount of Insurance stated in Schsduie A. then this
llcy is subject to the following:
(i) where no subsequent improvement has been made, as to any part a
loss, the Company shall only pay the loss pro rata in the proportion that
the amount of insurance at Date of Poiicy bears to the total 'raiue of the,
insured estate or interest at Date of Policy; or
(ii) whose a subsequent improvement has been made, as to any partial
loss. the Company shall only pay the loss pro rata in the proportion that
120 percent of thc 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' fe~s
and extx-'nsns 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 hi~ the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fe~ and expans~
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT,
If thc [and described in Schedule A consists of two or more parceis
which ar~ not used as a single site. and a loss is ~tablished alTectlng one or
more of the parcels but not all, the loss shall be computed and settled on a
pro rata 6asis 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.
unlms a liability or value has otherwise been agreed upon as to each parcel
by the Company and the insured at the lime of the issuance of this policy
and shown by an expre~ statement or by an endorsement attached to this
policy.
g. LIMITATION OF LIABILITY.
(a) [f the Company establishes the title, or removes the alleged defect,
[and, or cures the claim of unmarketability of title, ail 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 lo that matter and shatl not be Iiab]e for any loss
or damage caused thereby.
lb} 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 damage until there has been a final detemunatlon by a court
comvetent jurisdiction and disposition of ail appeals therefrom, adver~ Id
the title as insured.
(c} The Company shall not be liable for loss or damage to any insured
?or liability voluntarily assumed by the insured in settling any claim or suit
OF LIABILITY.
All payments under this 0olicy. except payments made for costs.
11. LIABILITY NONCUMULATIVE
It is expressly understood that ~e amount ot insurance under this
policy shall be reduce~ by any amcmnt We Company may pay under any
~olMy insuring a mortgage to whicfl exception is taken in Schedule 8 or to
which the insured has agreed, assumed, or ~ken suhiect, or which ~s
hereafter executed by an insureci and whic~ is a cfla~jo or lien on the
12. PAYMENT OF LOSS.
ALTA Owner's Policy (10-17-92)
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipu at ohs the loss or
damage shall be payable with n 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and pa d a c aim under this
policy, all nght of subrogation shall vest in the Company unaffected by
any act of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies Thich thc insured claimant would have had against any parson or
properly m respect to the claim had this policy not been issued. If
requested by the Company. the insured claimant shall transfer to the
Company all dghts and remedies against any person or property necessary
in order to perfect this right of subrogatioa. 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 any
transaction or litigation involving ths~e rights or remedies.
If a payment on account of a claim doe~ eot fully cover the loss of the
insured claimant, thc Company shall be subcogated to these rights and
remedies in the proportion which the Company's payment bears to the
If loss should result from any act of the insured claimant, as stated
above, that act shall not void this policy, but the Company. in that event,
shall be r~quired to pay only that part of any losses fusumd against by' this
policy which shall exceed the amount, if any. lost to the Company by
reason of the impairment by the insured claimant of the Company's right
of subrogation.
(b) The Company's Rights-Against Non-bisured Obligors.
The Company's right- of subrogation against non-insured obligors shall
~xist and shall include, without lirmtaUoa, the rights of the insured to
indemnities. ~uaranties, other policies of insurance- or bonds.
notwithstanding any terms or conditions contained in those instruments
which provide t'or subrogation rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law, e~ther the Company or the insured
may demand arbitrauon pursuant to the Title Insurance Arbitration Rules
of the American Arbitration .-Mssoclation. Arbitrable matters may include,
but 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 oolicy
provtslon or other obligation. All arbitrable matters when the Amol~nt of
Insurance is $1.000,000 or less shall be arbitrated at the option of either {he
Company or the insured. All arbitrable matters when the Amount o£
Insurance is in excms of $1.000.000 shall he arbitrated only when agreed to
by both the Company and the insured. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand for arbitration is
shall be binding upon the parties. The award may include attorneys' lees
oniy if the laws of the state in which the land is located permit a court to
award attorneys' fees to a prevailing party. Judgment upon the award
rendered by the Arbitratorls) may he entered in any court having
jurisdiction thereol'.
The law of the situs of the Mhd shall a0pty to an arbitration under the
A copy of the Rules may be obtained from the Company upon requ~t.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT.
(a) This policy together 'alth ail cndorserncnts, if any, attached hereto
by the Company is the entire oolicy and contract between the insured and
the Company. [n interpreting ~ny provision o£ this policy, this policy shall
be construed as a whale.
· (b) Any claim of loss or damage, whether or not based on negligence.
covered hereby or by any action asserting such claim, shall be restricted to
this policy.
(c) No amendment o£ or endorsement :o this policy can be made
except by a writing endors~i hereon or attaclied hereto signed by either the
President. a Vice President. :he Secretary. an Assistant Secretary. or
validating hi'ricer or authorized signatory, of'the Company.
16. SEVERASILITY.
In the event any provlslon or' thc policy ~s hcid invalid or unenforceable
under appiicabie [aw. the poiicy shall be deemed no{ [o mctude that prom-
sion and ail diner provisions snail remain ~n ;'uil ~k*rce and e(fecL
17. NOTICES, WHERE SENT.
I I
I I
NEW YORK OFFICES
NEW YORK CITY
655 Third Avenue
New York, New York 100t7
(212) g49-0100
BUFFALO
298 Main Street
Buffalo, New York t4202
(716) 853-6800
GARDEN CITY
370 Old Country Road
Garden City, New York 11530
(516) 742-7474
RIVERHEAD
177 Old Country Road
Riverhead, New York 11901
($f6) 727-7760
WHITE PLAINS
131 Court Street
White Plains, New York 10601
(914) 949-0002
NATIONAL TITLE SERVICE
655 Third Avenue
New York, New York 10017
(212) g49-0t00
e~erican Land Title Association
Owuer's Policy
00-17-92)
POLICY
OF
TITLE
INSURANCE
/~ed by
Commonwealth.
Land Title Insurance Company
lltle Inmmnce Since 1876
HOME OFFICE
EIGHT PENN CENTER
PHILADELPHIA, PA 19"103-2198
190-3
NEW YORK STATE t
655 Third Avenu~
New York, New York
Phone: (212) 949-0!
P
R
O
P
E
R
T
Y
R
E
C
O
R
D
S
i
i
Thornton Edward Smith
1923-2019 ' ist Congregation at Shelter Rock,
Thornton Edward Smith, a resi- Manhasset, N.Y. In addition to
dent of Peconic Landing in hunting, fishing and hik- i
Greenport, died Saturday, , K :.-.., ing in the outdoors, he
Nov 23, 2019. He was 96 -` "' '`` x. loved to hear about family
years old. ``' - members' challenges and
Born in Hem
stead, `' `` accomplishments and
,,;: . u ,
N.Y., Nov 11, 1923, he was . was always ready with as-
the son of thelate Dr.Hen- f ;{ `. . sistance and support. He
ry Buel Smith and Hazel `". ; ,6 was known for his loyalty, _
Sweezy Smith. ., ;_' ;; sense of duty and perse-
Thornton graduated verance in all that he did.
n..r.Y
from Phillips Exeter Acad- ter.- Thornton is survived by
emy.,in the Class of 1941. his wife of 68 years, Sherry
DuringWorld War-II, he . THORTON EDWARD
SMITH - •Wakelee Smith, of Peconic
served in the Army Corps - Landing; sons Jeffrey T.
of Engineers on the Man- Smith of Arlington, Va., T.
hattan Project and in the Philip- Wakelee Snaith of Sag Harbor, N.Y.,
pines. He earned a; Bachelor of Riordon B. Smith of Vero Beach,
Science degree in civil engineering Fla., and Neil H. Smith of Weston, -
from Massachusetts Institute of Mass.; daughter Tarin Smith Da-
Technology in 1948 and-an MBA vies of Albuquerque, N.M.;-grand-
from Harvard Business School in children-Carlie and Kyland Smith;,
.1949. Ryan; Austin and Ashley Davies;
Thornton spent his professional Dillon, Cheyenne and Colter Smith;
career as owner and CEO of Kuhn,- Amanda (Ohnmacht),Winston and
'Smith&Harris Inc. a construction Everett Smith; and Skylar, Chloe
business headquartered in Manhat- and Carter Smith; great-grandchil-
tan,.N.Y.,which he proudly ran for dren Gabrielle, Marius; Theodore
over 35 years. and .Cassien Davies 'and Greyson
He also-continued-his military ca Davies. Thornton is also •survived
reer.in-the Army Reserves; event-u- by his sister, Shirley Smith Ander-
ally-rising to-the rank of colonel. He -son:Preceding him inAeathwas his
was-a,graduate of the Army, Com, . brother;•Buel Sweezy:Smith.
mand and General Staff College and Visiting hours took place-Nov 26 -
.Army_War College. at Horton-Mathie Funeral Home in"
His_love of the Boy Scouts spanned G_ reenp'ort, N.Y._
84 years,boginningwith earning the A memorial celebration will be
rank of Eagle Scout and culminat- held Saturday, Nov-30., 20-19,-at 11
ing.with a 55-.year association with a.m. in the auditorium at,Peconic
Troop 71 in Plandome, N.Y.All four Landing, 1500 Brecknock'Road;
of his sons became Eagle Scouts, Greenport;NY 11944. '
along with three-ofhis grandsons.He In lieu of flowers, memorial do- _
was a loyal member of the Delta i'Jp- nations in honor of Thornton Smith
silon fraternity and served for over may be made to Troop'71 Foun--
40 years as amember of the Pland- dation, ,c/o 45 Winihrope Road,-
ome Fire Department. Manhasset, NY 11030-or the Unitar-
Thornton•was a-member of First ian Universalist Service Commit-
Universalist Church of South- tee, 689 Massachusetts Ave.,-Cam-
"THE ARBOR"
A Conservation Property
that offers an exceptional opportunity to create
a private estate on Long Island's rural North Fork
Concept plan only, requires municipal approval
SURROUNDED BY WOODLAND
AND GENTLY ROLLING FIELDS
Through careful conservation planning, the
Arbor has 47 protected acres in an 80-acre site. On
the south border will be a 13-acre preserve of beautiful
woodland protected in perpetuity by a conservation
easement held by the Peconic Land Trust. To the
northwest, development rights sold to the Town of
Southold will protect 34 acres of rich loamy soil, well-
suited to vineyard or other field crops.
A MAGNIFICENT 34-ACRE ESTATE
OR SiX 5 + ACRE HOME SITES
The site has potential for six residential sites of
five acres each. Three are wooded lots with vistas of
established vineyards and three are open sites
overlooking rolling fields and woodland. The buyer may
choose to create a single private farm/estate and
benefit from possible tax advantages through the
placement of conservation easements on a portion of
the land.
SYMA JOFFE GERARD
LICENSED REAL ESTATE BROKER
Phone/Fox 516-,325-8201
2004 SUFFOLK COUNTY
TAX MAP BOOK
Date of Sale: ............................................................................. 4/30/96
Selling Price: ............................................................................. $195,000
Grantor: ...................................................................................... Smith
Grantee: ...................................................................................... Macari
Improvements: ..................................... vacant farmland w/development rights sold
SCTM#: .................................................................... 1000-121-1-1.1 (Pa~t)
Parcel Size: ................................................................................. 30 acres
Location: ............................................................. Bergen Ave., Mattituck, NY
Condition: .................................................................................... Typical
Price per acre: ............................................................................... $ 6,500
Zoning: .......................................................................................... R-80
Liber/page: ............................................................................... 11774-057
Data Source: .................................................................................. grantor
Utilities: ....................................................................................... typical
Highest/Best Use: ............................................. current zoning with improvements
1997 photo
Prin~e ~ct~
P
E
C
O
N
I
C
L
A
N
D
T
R
U
S
T
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southo]d, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 5, 1996:
WHEREAS, it is the policy of the Town of Southold to preserve prime agricultural soils
and to protect the scenic, open space character of the Town; and
WHEREAS, the Town of Southold's Master Plan of 1973, amended in 1986 and 1989,
has taken the following actions to clearly define, delineate and implement its policy to preserve
prime agricultural soils and to protect the scenic, open space character of the Town, specifically by
the adoption of;
Section 59-10 through 59-60 of Local Law No. 2-1988' adopted by the Town
Board of the Town of Southold on 3-22-88 known as Open Space Preservation
legislation, finds that the acquisition of open space in the Town of Southold, if
preserved and maintained in their present open state, is in the public interest and a
proper pmpnse of the Town in accordance with the findings and determination of
the New York State Legislature, as set forth in S 247 of the General Municipal
Law.
Section 25-10 through 25-60 of Local Law No. 2-1984 adopted by the Town
Board of the Town of Southold on 3-13-84 known as Agricultural Lands
Preservation legislation finds that the acquisition of development fights in lands
located in the Town of Southold and used in bona fide agricultural production will
conserve, protect and encourage the improvement of prime agricultural lands, for
the production of food and preservation of open space, and is in the public interest
and a proper public purpose of the town in accordance with the findings and
determinations of the New York State Legislature as set forth in S 247 of the
General Municipal Law.
Section 97-10 through 97-33 of the Code of the Town of Southold known as
Wetlands, to preserve, protect, and to maintain the Town's wetlands for the
protection of its citizens.
WHEREAS, Thornton Smith, residing at 44 Brook~ide Drive, Plandome, New
York 11030, is the owner of agricultural lands siXuate Bergen Avenue and Route 25, Mattimck,
New York, 11952 further identified as Suffolk County Tax Map Parcels #1000.0-121.0-01.0-1.1
and #1000.0-113.0-07.0-19.20; and
WI41~REAS, a portion of the property is productive farmland at present; and
'~a'm~l~l~.q the ur~il~ on Thornton Smith's ~ro~erty have been identified by the United
State's Depam" '~"~en' '~;f-~'~l~ure Soil Conservatio'n Se' rvice's Soil Survey of Suffolk County,
New York as prime agricultural soils of Class I and Class II quality; and
WHEREAS, despite the efforts of the different levels of government, prime agricultural
soils continue to be converted to other non-agricultural uses in Southold; and
WHEREAS, the Town Board wishes to encourage other methods of open space and
farmland preservation including the voluntar-/granting of conservation easements by private
landowners to private conservation organizations; and
WI-IEREAS, Thornton Smith has already sold the development fights of Ns agricultural
land to the Town of Southold; and
WHEREAS, Thornton Smith has granted a Conservation Easement to the Pecoulc Land
Trust reducing th~ density of the Property from 22 lots down to no more than 6 lots; and
NOW, TI-tEREFORE, BE ~17 RESOLVED, that the Town Board hereby determines that the
Conservation Easement conveyed by Thornton Smith to Pecoulc Land Trust on January 26, 1996
is pursuant to the Town's clearly delineated public policy to preserve prime agricultural soils and to
protect the scenic, open space character of the Town, and that said conveyance will yield a
significant public benefit, and;
BE IT FURTI4~.R RESOLVED, that the Southold Town Clerk forward a copy of this
resolution to Mr. Thornton E. Smith, f.a.s.c.e., 44 Brookside Drive, Plandome, NY 11030; and
to the Peconic Land Trust, P.O. Box 2088, Southampton, New York 11968.
I~arch 6. 1996
D
R
A
I
N
A
G
E
E
A
S
E
M
E
N
T
Grant of D~'ainage Easement
THIS INDENTURE, made this ~ ! th day of,Jo~2t,o~,~ ,1997, by
and between Peconic Land Trust, having its principal place of business at 2'~6 Hampton
Road, Southampton, NY, party of the first part and the Town of Southold, a municipal
corPoration of the State of New York having offices at Main Road, Southold, New York
11971, party of the second part.
WITNESSETH:
WHEREAS, the party of the first pan is the owner of the certain real property
known as the "Park Area" as shown on map of property of Thornton Smith, Section 1
and filed in the Suffolk County Clerk's office on April 24, 1996 as map # 9836, and
further identified by Suffolk County Tax Map # 1'000-121.00-01.00-001.007; and
WHEREAS, the party of the first part desires to cooperate w/th the Town of
Southold by ensuring proper drainage of the affected area, and to utilize its Park Area in a
natural and ecologically sound mann~ and
NOW THEREFORE, it is hereby agreed as follows:
The party of the first part, in consideration of the sum ofTen (S10.00) Dollars,
and other good and valuable consideration, receipt and sufficiency of which is hereby
acknowledged, hereby conveys a perPetual easement for drainage purposes to the Town
of Southold for the area more particularly described in Schedule A, annexed hereto, and
shown on Exhibit A, also annexed hereto, and made a part hereof, to be used in accordance
with, and for the purposes outlined in this Agreement.
follows:
The nature, character and extent of this Easement hereby granted is as
A. The burdened Premises shall not be open or av.allable to the public
for general use, but instead shall remain at all times in the exclusive possession of the
Grantor and its heirs, successors and assigns.
B. The Easement granted shall be for the purpose of constructing,
maintaining, using, operating, repairing and re-constructing a system of leaching and
drainage basins solely to accr~mmodate drainage and overflow from Sound Avenue, upon,
under and across the parcel of land described in Schedule A belon~ng to the party of the
first part.
C. The Easement shall also encompasses the right of ingress thereto
and e~ess therefrom, along, on and within the said right-of-way, for any and all purposes
connected with the proper construction, maintenance, use operation, repair and
reconstruction for any o£the purposes and uses hereinbefore specified.
D. This grant and Easement shall at all times be deemed to be, and
shall be, a continuing covenant running with the land, and shall be binding upon the
successors and assigns oft. he first party herein and the successors and assigns of the
second party herein.
E. To the greatest ex-tent practical, the drainage facilities constracted,
maintained, used, operated and repaired on said Easement shall not disturb the natural
state of the Property affected, and party of the second part hereby warrants, covenants
and agrees that the drainage facilities shall not include any above ground structures, and
that the below ground structures shall minimize disruption of the property and
construction on the land in its natural state, including, but not limited to the removal of
trees or vegetation from the dedicated easement area, removal of ground cover or alteration
of the natural drainage features of the land that would result in erosional acceleration, or
disruption of the scenic attributes of the dedicated easement area. Furthermore, the party
of the second part hereby agrees, covenants and promises to utilize a "buffer zone" of
sufficient width and character around any drainage structures constructed such that the
structure's visual impact shall be minimized as viewed from the surrounding areas.
F. Party of the second part hereby agrees that any proposed
improvements, construction, or reconsu'uction on the dedicated easement area shall be
first submitted to the Party of the first parc for written approval, parry of the first part,
acting in good faith, must evaluate the plan and may approve or reject the plan in whole
or in part. Should the plan be rejected, in whole or in part, both the Party of the first part
and the Party of the second part agree to act in good faith without reservation in order to
agree upon a plan that is acceptable to both parties.
IN WITNESS WHEREOF, the parties have hereunto set thei[hands and seals as
of the date and year first above written.
For Peconic Land Trust
by: John v.H. Halsey
For the Town of Southold
by:
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this 31'~ay of.Y,t~.ua~ 199j:~ before me personally appeared John v.H.
Halsey, who, being by me duly sworn, said that he resides at 469 Majors Path, Town of
Southampton, New York, that he is President of Peconic Land Trast, Incorporated, the
Grantor mentioned and described in and which ackowledged and accepted all of the fights
and responsibilities under the foregoing inslrument and this Easement conveyed therein
and thereeby, and that he signed his name thereto by authority of the Board of Directors
of the said corporadon. ~ (~, ~
MELANIE A. TEBBEN$
Notary Public. State of New Yor'g
ItO. 01TE5035908, Suffolk County Q
{fire,mission Exl~ires November 14. 199.-~
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this~G day of ~4/~h/°fI99 ~q__, before me personally appeared
,~-~?./~/~' ~f, fc~c' ~ , who, being by me duly sworn, s~d ~ he/she resides at
~0~.~ , To~ of ~ ~Z/~, New Yor~ ~d ~at h~she
represents &e Tom of Sou~ol~ being ~e Or.tee mentioned ~d des~bed herei~ ~d
h~ ~1 au~ofiW m act on i~ behfl~ ~d who ~emted ~e foregoing in~en; md
hWshe d~y ac~owledg~ to me ~at h~she ~emted ~e sine. :
~ ,. TERRY No~ Public, r ~:,~ ~"~
~ale of New Y~ No.
. 03~963 Qualifi~ in
:lc& Coun~ C~m~ ~ires May 31, 19~
.;~y 31, 1~ -
Schedule
Surveyors Descfipdom Drainage Easement ~o the Town of Southold Over Portion of'Lot
~Thorn~on Smith".
Suffolk County Tax Map ~::
I000-121-1-@ar~ of I. I
Afl that cer~aln plot, piece or parcel of land with the buildings and improvements theron erected,
situate, lying and being, at Ma~imck, Town of Southold, County of Suffolk and State of~ew York,
bounded and desc'nl~ed as follows:
BEGLNNI~G at a point on the nor. hefty side of'Sound Avenue, ~id poin~ being sin.~te on ~e
following six (6) cour~e~ and dist~nce~ as measured along the ~ortheriy slde.oLiau~d Avenue ~rom the
inler~e~ion of the northerly side of Sound Avenue and ~e es_sterly side o~'Ber~en Avenue:.
2.
3.
4.
5.
6.
South 74 deg. d-4 ~ 23 sec. Ea.s'l: 113.59 ~
South 74 deg. 24 min. 4.3 sec.. East 167.17 f~
South 78 deg. 17 rnln 13 sec. East 248.78 feet,
South 88 deft. I0 min. 03 sec. ~ 195.59 feet,
North 74 deg. 35 min. 57 sec. East 405.14 f~
Nord~ 77 deg. 28 min. 47 sec. ~ 1:53.33 ~r,
· RU-NN~'G ffience from said point of berg ti~-ough land now or ~rmety of'i-~ore~on Smith
the following rhr~ (3) courses and distances:
Noah [2 dee. 31 min. "- ,-
_ I.~ se,. West 90.00 feet,
North 58 deg. 40 min. 00 sec. East 175.06 f~
South 42 deg. 32 min. 06 sec. Easx :50.00 feet to land aow orMrmedy Frances Weiss;
RLrbTqING Thence South 16 deg. 333 rrdn. 30 sec. West along land aow or formerly Fmnc~
Weiss a distance o~'97.20 t'eer ~or. he northerly side of' Sound .Avenue;
RUNNI~'~G r. hence along the northerly side of Sound Avenue thc following two (2) courses and
Nor~ 84 deg. 12 ~ 50 sec. Wesz 24.74 fees,
South 77 deg. 2g min. 47 sec. We~ 135,00 fee~ to the point or place of BEGKNnSFfi~G.
CON'TAiY'Fk-NrG an ~ of 0.5169 Acre.
2
0
0
8
U
S
E
R
E
V
I
E
W
R
E
Q
U
E
S
T
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro @ town.southold.ny.us
Telephone (631) 765-5711
Facsimile (631 ) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(corner 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
November19,2008
Bill Kelly
Morton Buildings, Inc.
Cox Lane Industrial Park
22355 County Rd 48, Unit 4
Cutchogue, NY 11935-1159
Re:
MACARI Property
SCTM #1000-121.-1-1.6
Request for Land Preservation Committee Review of proposed agricultural storage
building on property on which Town owns a development rights easement
Dear Mr. Kelly:
The Land Preservation Committee Members, in accordance with Section 70-5C.(2)[3] of
the Town Code, reviewed the request you outlined in a letter dated November 10, 2008 for an
agricultural storage building.
The recorded easement for this property allows land within the easement to be used for
the purpose of agricultural production. Section 70-5C.(2)[3] requires that the Committee serve
as a review board for the granting of permits for the construction, reconstruction and additions
of and to structures in or on agricultural lands in which the development rights have been
acquired by the Town.
The Committee is approving the use you requested, as listed and clarified below, to be
allowed within the development rights easement area. The Committee's approval does not
mean that you can proceed with construction. All improvements are subject to all applicable
Town Code requirements.
Construction of a 72' x 138' Morton Style building to be located on the southeast side of
the property as shown on the survey included with your 11/10/08 letter, said survey last
dated 11/3/08.
Page 2
November 19, 2008
Re: Macari Vineyard
2. Building use is to be for storage of equipment used in the vineyard, light maintenance of
such equipment, and temporary storage of bare root plants. No parking, office use or
other uses were proposed, reviewed, or approved by the Land Preservation Committee.
Please note that the Committee's approval of the uses within the easement does not
mean that such uses will be approved or permitted by other Town Departments or agencies.
The Committee's approval 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 this request.
Sincerely,
Melissa Spiro
Land Preservation Coordinator
MS:md
encs.: 11/10/08 request letter and location on survey
cc: Planning Department w/above enclosures
Building Department w/above enclosures
MORTON BUILDINGS, INC.
Cox Lane Industrial Park · 22355 County Rd. 48, Unit 4
Cutchogue, New York 11935-1159
www.mortonbuildings.com
Office: 631/734-4060
Fax: 631/734-4061
To: Melissa Spiro
Town of Southolfl
Land PreservatiOn Coordinator
11-10-08
Fr: Bill Kelly
Morton Buildings, Inc.
/ooo- /At-I- I. C
Melissa,
Attached is a survey and building plans for proposed agricultural storage building on
preserved land owned by Macari Vineyard. The purpose of proposed construction is for
the storage of equipment used for growing, cultivating and harvesting grapes. Other uses
would include light maintenance of above equipment, and temporary storage of bare root
plants prior to planting.
We are seeking your approval so that we may proceed with the building permit process.
Respectfully
Bill Kelly
NOV 10 2,'),08
DEPI OF LAND
PR[$E~¥ATION
Excellence -- Since 1903
SURVEY OF
LOT 2
SUBDIVISION PLAT
THORTON SMITH
SECTION I
FILE No. 9836 FILED APRIL 24, 1996
SITUATED AT
MATTITUCK
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-121-01-1,6
SCALE 1"=.40'
AUGUST 6, 2008
LOr(~
AREA = 219,088 sq. ff.
§.030
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro @ town.southold.ny.us
Telephone (631 ) 765-5711
Facsimile (631 ) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
January 12, 2012
Joseph T. Macari
95-40 Roosevelt Avenue
Jackson Heights, NY 11372
Re: SCTM #1000-120.-5-1 and SCTM #1000-121.-1-1.6
Macari f/k/a Thorton Smith properties
Request for utility use on property with
Town Development Rights Easement
Dear Mr. Macari:
At a regular meeting of the Land Preservation Committee held on Tuesday,
January 10, 2012, a motion was unanimously passed to revise the original motion
passed on December 13, 2011, regarding the approval of your request for the
placement of underground utility use crossing the Town's development rights easement
area. Please take note of the following revisions:
· Any wiring connected to the utility use from the wind turbine should be buried at
least fwe-(-6) four {4) feet in depth when crossing the easement area.
· Land Preservation Committee will require a recorded disclosure/survey of
the buried utility line location.
Please refer to the enclosed copy of approval letter dated December 29, 2011,
for additional information regarding your request.
As a stipulation of this revision, the Committee requires that five (5) days prior
notice be given to its members as to the date of planned trenching in order for LPC to
perform an inspection of the trenching at the easement site. Notification can be done
with a telephone call to the Land Preservation Department at (631)765-5711 by leaving
a message with Melanie in my office, or speaking directly to me.
If you have any questions, please call me.
Sincerely,
Melissa Spiro
Land Preservation Coordinator
/md
enc:
cc w/enc:
Via email:
request approval dated 12/29/2011
Planning Dept.
Building Dept.
ssearl~,peconiclandtrust.org
wwblaw~aol.com
L
P
C
R
E
V
I
E
W
R
E
Q
U
E
S
T
S
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
July 13, 2012
Joseph T. Macari
95-40 Roosevelt Avenue
Jackson Heights, NY 11372
Re: SCTM #1000-120.-5-1 and #1000-12t.-1-t.6
Macari f/Ida Thorton Smith properties
Request for wind turbine and utility use on properties with
Town Development Rights Easement
Dear Mr. Macari:
The Land Preservation Committee members, in accordance with Section 70-5 C. (2) [3]
of the Town Code and the easement on your properties, reviewed the request you submitted on
June 25, 2012, for placement of a wind turbine and underground wiring on the above mentioned
properties. This request was reviewed at the Committee's regular meeting held on July 10,
2012.
Section 70-5 C. (2) [3] of the Town Code requires that the Committee serve as a review
board for the granting of permits for the construction, reconstruction and additions of and to
structures in or on agricultural lands in which the development rights have been acquired by the
Town.
Your request is for Land Preservation Committee approval for a utility use within
development rights sold lands for a proposed wind turbine to be erected on property identified
as SCTM #1000-120.-5-1. The underground wiring will run to/from the wind turbine beneath an
existing farm road located on said preserved land, crossing Arbor Lane (owned by Peconic
Land Trust, Inc.) and additional land upon which the development rights were sold to the Town
(SCTM #1000-121 .-1-1.6), to the agricultural operations and winery. Electricity generated from
the use of the wind turbine will serve these agricultural operations, including the existing winery.
The Committee determined that the utility use requested within the development rights
easement has no impact on the agricultural use of the development rights sold properties and is
consistent with the original intent of the easement and is subordinate to the agricultural use of
the properties.
The Land Preservation Committee made a motion and unanimously passed said motion,
to approve your request for the placement of a proposed wind turbine where indicated on the
layout dated 6/22/12 that was submitted with said request, along with underground wiring within
the development rights easement areas with the following conditions:
Any wiring connected to the utility use from the wind turbine should be buried at least
four (4) feet in depth within the easement areas. The Committee requires that five (5)
days prior notice be given to its members as to the date of planned trenching in order for
LPC to perform an inspection of the trenching at the easement site. Notification can be
made with a telephone call to the Land Preservation Department at (631) 765-5711.
During trenching, top soil is to be separated from sand and gravel and, dudng back
filling, agricultural soils are to be returned to original condition.
· Land Preservation Committee will require a recorded disclosure/survey of the buried
utility line location.
Should you utilize the wind turbine in a manner that differs in any way from that
proposed to the Land Preservation Committee, or to site the utility use at a location that.differs
from that proposed to the Committee, you will be required to obtain additional approval from the
Committee.
The Land Preservation Committee supports your original application to the Town
Building Department for placement of a wind turbine on SCTM #1000-112.-2-1. The
Committee's approval previously granted to you on December 29, 2011, revised January 12,
2012, for the placement of underground wiring on lots SCTM #1000-120.-5-1 and SCTM
#1000-121 .-1-1.6 will remain valid in the event you should utilize the original site location of this
proposed wind turbine.
The Committee's approval of this use within the easement does not mean that such
use has been approved or permitted by other Town Departments or agencies as all
improvements are subject to all applicable Town Code requirements.
If you have any questions regarding the above, please call me.
Sincerely,
Melissa Spiro
Land Preservation Coordinator
/md
enc:
cc w/enc:
landowner's formal request
Planning Dept.
Building Dept.
via e-mail: dan. malone~,,GreenLoqic.com
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
mclissa~spiro@tovm.southold.ny, us
' Telephone (631) 765-5711
Facsimile (631) 765-~40
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
OFFICE LOCATION:
To-wa Hall Anne~
54375 State R~ute 25
(corner of Mnin Rd& Youngs Ave)
Sou~hold. New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
REQUEST for Agricultural Structure Placement on PDR Land,
Tax Map No. 1000-
I am the owner of the property described below and on which, the ToWn purchased a development
rights/conservation easement on or about (date).
Name of Owner (please prilqt):
Name(s¥of previous owner:
(if applicable)
Mailing Address:
Phone Number:
Property Location:
List type, size, and use of each agricultural structure proposed: _
*Atta:h I. tion ma . (survey, tax map, or sketch plan) showing placement area of agricultural structure(s),
distance from property boundary lines, and an~; readily available information relating to your request.
YOU may talk with. the Coordinator at (631)765-5711 to discuss questions or to arrange to participate in any of
the regular meetings of the Land Preservation Committee.
Please return the completed form with attachment :
Town of Southold -Land Preservation Department /
*Afl attachments must be signed and dated by property owner.
PRES£RVATI~
I
GreenLogic, LLC Proposed
Wind Turbine:
Macad Vineyards Owner:/(/~/~/~,~
Mattituck, NY Northern l OOkW Date:
PROPOSED WIND
TURBINE
Layout Created By: DLM Date: 6.22.12 Energy Consultant: Dan Malone
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro @ town.southold.ny.us
Telephone (631 ) 765-5711
Facsimile (631 ) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(corner of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
January 12,2012
Joseph T. Macari
95-40 Roosevelt Avenue
Jackson Heights, NY 11372
Re: SCTM #1000-120.-5-1 and SCTM #1000-121.-1-1.6
Macari f/k/a Thorton Smith properties
Request for utility use on property with
Town Development Rights Easement
Dear Mr. Macari:
At a regular meeting of the Land Preservation Committee held on Tuesday,
January 10, 2012, a motion was unanimously passed to revise the original motion
passed on December 13,2011, regarding the approval of your request for the
placement of underground utility use crossing the Town's development rights easement
area. Please take note of the following revisions:
· Any wiring connected to the utility use from the wind turbine should be buried at
least five-(,~ four (4) feet in depth when crossing the easement area.
· Land Preservation Committee will require a recorded disclosure/survey of
the buried utility line location.
Please refer to the enclosed copy of approval letter dated December 29, 2011,
for additional information regarding your request.
As a stipulation of this revision, the Committee requires that five (5) days prior
notice be given to its members as to the date of planned trenching in order for LPC to
perform an inspection of the trenching at the easement site. Notification can be done
with a telephone call to the Land Preservation Department at (631)765-5711 by leaving
a message with Melanie in my office, or speaking directly to me.
If you have any questions, please call me.
Sincerely,
Melissa Spiro
Land Preservation Coordinator
/md
enc:
cc wi enc:
Via email:
request approval dated 12/29/2011
Planning Dept.
Building Dept.
ssearl~,peconiclandtrust.org
wwblaw~,aol.com
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro @ town.southold.ny.us
Telephone (631) 765-5711
Facsimile (631 ) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
December 29, 2011
Joseph T. Macari
95-40 Roosevelt Avenue
Jackson Heights, NY 11372
Re: SCTM #1000-120.-5-1 and SCTM #1000-121.-1-1.6
Macari f/ida Thorton Smith properties
Request for utility use on property with
Town Development Rights Easement
Dear Mr. Macari:
The Land Preservation Committee members, in accordance with Section 70-5 C. (2) [3] of the
Town Code and the easement on your property, reviewed the request you submitted on December 1,
2011, for a utility use on the above mentioned properties. This request was reviewed at their regular
meeting held on December 13,2011.
Section 70-5 C. (2) [3] of the Town Code requires that the Committee serve as a review board for
the granting of permits for the construction, reconstruction and additions of and to structures in or on
agricultural lands in which the development rights have been acquired by the Town.
Your request is for Land Preservation Committee approval for a utility use crossing the
development rights sold lands from a proposed wind turbine on adjacent property to the north identified
as SCTM #1000-112.-2-1. The underground wiring will run along existing farm roads located on
preserved lands. Electricity generated from the use of the wind turbine will serve agricultural operations,
including the existing winery.
The Committee determined that the utility use requested within the development rights easement
has no impact on the agricultural use of the development rights property and is consistent with the original
intent of the easement and is subordinate to the agricultural use of the property.
After a lengthy review and discussion, the Land Preservation Committee made a motion and
unanimously passed said motion, to approve your request for the placement of said underground utility
use crossing the development rights easement area with the following conditions:
· Any wiring connected to the utility use from the wind turbine should be buried at least five (5) feet
in depth when crossing the easement area.
· During trenching, top soil is to be separated from sand and gravel and, during back filling,
agricultural soils are to be returned to original condition.
Should you utilize the wind turbine in a manner that differs in any way from that proposed to the
Land Preservation Committee, or to site the utility use at a location that differs from that proposed to the
Committee, you will be required to obtain additional approval from the Committee.
The Committee's approval of this use within the easement does not mean that such use has
been approved or permitted by other Town Depadments or agencies as all improvements are subject to
all applicable Town Code requirements.
As noted above, the Land Preservation Committee's conditional approval required placement of
the utility line five (5) feet below ground. Green Logic was contacted after this meeting and raised
concerns in regard to construction of a 5' deep electrical trench. These concerns were reviewed via
e-mail by Land Preservation Committee members. The Land Preservation Committee plans to revise the
December 13th motion at its next regularly scheduled meeting to be held on January 10, 2012 that will
allow for a burial depth of four (4) feet instead of five (5) feet, and to require a recorded disclosure/survey
of the buried utility line location.
If you have any questions regarding the above, please call me.
Sincerely,
Melissa Spiro
Land Preservation Coordinator
/md
enc:
cc w/enc:
landowner's formal request
Planning Dept.
Building Dept.
Via email:
ssearl(~,peconiclandtrust.org
wwblaw~,aol.com
' Ptope~tyiecation:.,
"~.ttm:h.lecation maR [~rv.ey,. te?(-.map,. Or, sketch, plan)· showing '~a~ment'~ea:. o~ agricultural '~tru&tu~(s),'
"distance ftem~mperty.boun~ah/tine~,, and' any r~ad y avai able information relat ng t(~.yo~'~'request.
YOu,.mR{/- talk 'W Ut the Ceordinator'at. {631~765-57~1. . .tO:. discuss questions. ~r tO. arran§e.~to, participate i~: a~y 'of'
th~-.re8~ a~m~etJngs ot the'Land Preser~,ation Cbmmittee
· ....'... .
:."..":' ' '- ' ~'~ ~T'" o,t~ "
Plea~e.!mm~ the comflleted~orm
,Tat. m of;Southbld, Lana4Prese~,'~.BepattntentI~' '
~ltl:attachmetlt~ must b~, Signed and:~lated by. property owner
I0/I0 39~d ±SQ~I 0N~9 DINOD3~ §£60~8~I£g ££:gl II0~/~0/~I
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
m¢lissa.spiro @town.southold.ny.us
Telephone (63 ! ) 765-5711
Facsimile (631 ) 765 -6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(corner 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
December 2, 2011
Joseph T. Macari
95-40 Roosevelt Avenue
Jackson Heights, NY 11372
Re:
SCTM #1000-120.-5-1 & #1000-121 .-1-1 .;
Macari f/k/a Thorton Smith properties
Request for deer fencing on property with
Town Development Rights Easement
Dear Mr. Macari:
The Land Preservation Committee members, in accordance with Section 70-5 C. (2) [3] of the
Town Code and the easement on your property, reviewed the request you submitted on November 7,
2011, for deer fencing "as built" on the above mentioned property.
Section 70-5 C. (2) [3] of the Town Code requires that the Committee serve as a review board for
the granting of permits for the construction, reconstruction and additions of and to structures in or on
agricultural lands in which the development rights have been acquired by the Town.
Your request is for Land Preservation Committee approval of the placement of "as built" deer
fencing along the perimeter of the easement area.
The Land Preservation Committee did review and approve your request for the placement of said
deer fencing "as built" within the development rights easement area. Please note that the Committee's
approval of this use within the easement does not mean that such use has been approved or permitted
by other Town Departments or agencies as all improvements are subject to all applicable Town Code
requirements.
If you have any questions regarding the above, please call me.
Sincerely,
Melissa Spiro
Land Preservation Coordinator
/md
eric:
cc w/eric:
landowner's formal request
Planning Dept
Building Dept
MELLqSA A. S~iRO
LAND PEESERVATJON COORDINATOR
m¢lia~$pito~town.southold.ny, us
Telephone (631) 765-5711
"Facsimile (631~ 765-~40
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
( _co,er of M~dn Rd'& Youngs Ave)
Sou~old. NeW York
MAILING ADDRESS:
P.O. Box 1179
Sou~old. NY 11971-095~
,REQUEST forAgriCultural Structure Placement?n PDR Landc
' Name(s)/ofprevious owne~:
Tax Map NO. ':[O00-, 120 5 1
I am the ,'owner of the' property, described bellow and on which· the Town purchased a d,,evelgpment
dghts/COnServafi0neaSement0h°~ab°ut '~ 1/25/1996 (date), Th°rntbn'E- =mitt~-
kam~eo[owne~'(pleaseprlnt} , Joseph..T. Macari
Thornton E~ smith
. (ffappllcable} ~ -'
Mailing Address:
phone Number.'-
95-a~0 Roosevelt AVenue
Jsckson Heights, NY 113~2
Ptope~y Location:
e/s Bergen Avenue,· along. Arbor Lane, Mattituck
~,st. tYpe,:~ze. ~nd use of. each. agrcultqralstruCtU(epfopoSed ~ '
.-c~er fe,'n~ing (see'p acement as Sketched on attachment)
· ' ' · ' . u"~".~., n
' s ;IJr
·
· · ' ' , r~t~tl(YAllON '
~ (survey, tax map, or sk.etch plan) show ng placement area o[ agricultural structure(s),
- distar~ e: from property boundary lines, and any readilyevailable information relating to your request.
YOu may talk with the Coordinator at (631)765-5711 td discuss questions or to a'rrange to participate in any of
the. regula[meet n8s of the Land Preservation Committee.
Please. retuil~ the completed form with attachm~/tS to:
Town o[Seutheld - Land Preservatien Department
*All attachments must be signed and dated by property owner.
A
E
R
I
A
L
S
S
U
R
V
E
Y
now or formerly
Horry Checklo & Don Schulmon
/
/
/
/
/
/
/
/
/
/
/
I
/
I
/
/
/
/
/
/
/
/
\
\
Minos
LOCATION MAP
1"=600'
?
/
/
/
/
/
/
I
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
/
®
CEVELOPMENT RIGHTS
TO TOWN OF SOUTHOLD
AREA = 28.8655 ACRES
PARCEL "A" (RIGHT OF WAY~
TO BE TRANSFERED
TO PECONIC LAND TRUST
AREA = 2.7679 ACRES
VINEYARD
S W ~44.
noW\ or formerly
×/~'u'iff~lk Cbunty Industriol
/0 e ~_~ o p r~,n~t ~A 9..e n c Y
VINEYARD
'x
\
yt
\
now or formerly
Miholtses & Vassilik Miholtses /
/
II I t/ ~,~c° ~ ~1~
/11 ff~/ i/
t
/
/
/
/
/
now or formerly
cotherine Simicich & Town Of
/
/
/
/ / / / _~ /
/ / /
/ / f
/ /
/ / \
/ / /
\ ,,,
\ f
/ /
TO TOWN OF SOUTHOLD
AREA = 5.0295 ACRES /
/
/
/
/
L=97,6 f
/ \ \
,, \
\ \
\ \ /
\ /
\ /
\ /
\
\ \
\ \
DEVELOPMENT RIGHTS I \
255 i
I
I
I
I
/
/
/
t
/
/
/
/
/
/
/--%
(
/
\
\ \
5J )o2z
\ \
/
/ /
/ / /
/ / /
/ / /
///
/
5.0008 ACRES
Sou\hold
$51.23'17"E c~
/
®
5.( 105~'~%ACRES
?' 2
= J,3.
\,
L
/
/
_l
_x.\\
II
/
¢(1861\/ ~CI~BiS
"- ~ k
)
III / ·
III i
VI /
ON 2
ON
\
\
'-- -30
--50
~0
now or formerly
Wolter GotZ &~
Morilyn GotZ
Young & Young, Land Surveyors
400 Ostr~der Aven~e, Nive'rhead, Ne~ York 11901
516-727-2303
~9~ or formerly
n~, Simicich
679.1
/
/
/
/ /
5.0005 ACRES /
/
/
\
\
N
\ I
I
I
I
~,0' formerly
now or
Walter Gotz &
Mori[y~ GatZ
SITE DATA:
ZONING USE DISTRICT: A-C, AGRICULTUAL CONSERVATION
TOTAL NO. OF LOTS = 9
TOTAL AREA = 80.5895 ACRES
SUBDIVSION SKETCH PLAN
PREPAREB FOR:
THORNTON SMITH
At: MATTITUCK Town of: SOUTHOI_D
Suffolk County, New York
1000 113 7 19.20
Suff. Co. Tox Mop; ,1000
l :DEC. 29, 1995
:DEC, 12, 1995
:DEC. 7, 1995
:DEC, 4, 1995
ATE :OCT. 10, 1995
ALE : 1"=100'
JOB NO. ' 95-0768
SHEET NO, :1 OF 1
(TH95765D.DWG)