HomeMy WebLinkAboutLieb Vineyard - Spectacle Ridge1000-84-1-4.5
Baseline Documentation
(f/k/a 1000-84-1-p/o 2)
Premises:
14990 Oregon Road
Cutchogue, New York
17.18 acres
Development Rights Easement
LIEB VINEYARD, INC.
(f/k/a SPECTACLE RIDGE, INC.)
to
TOWN OF SOUTHOLD
Deed dated May 13, 1993
Recorded May 27, 1993
Suffolk County Clerk - Liber 11630, Page 758
SCTM #:
Premises:
Hamlet:
Purchase Price;
Funding:
CPF Project Plan:
Total Parcel Acreage:
Development Rights:
Zoned:
Existing Improvements:
1000-84-1-4.5
(f/k/a 1000-84-1-p/o 2)
14990 Oregon Road
Cutchogue
$171,400.00
($9976/acre)
Agricultural Lands
Capital Funds
n/a
19.077 acres
(parcel split into lots
1000-84-1-4.4 & 4.5)
17.1785 easement acres
A-C
vineyard
A. DESCRIPTION OF LAND AND IMPROVEMENTS
The subjeet property is located at the southeast side of Oregon Road 733.10
feet southwest of Bridge Lane in the Hamlet of Cutehogue, Town of Southold, County
of Suffolk, New York. Oregon Road is a two lane maoadam road. The property consists
of the southeasterly portion of Suffolk County Tax Map parcel 100-84-1-2 (this tax map
parcel has an area of 19.077 arras according to the Town of Southold Property Record
Card). The subject property has a generally level topography with an approximate area
of 17.24 arras (19.077 acres less 1.84 acres for set-off lot). The shape of the property
is irregular, though overall it is roughly rectangular in shape. It has an approximate
frontage of 366 feet on the southeast side of Oregon Road with a maximum width of
541 feet, a minimum width of 208 feet, a maximum depth of 1,889 feet, and a minimum
depth of 1,411 feet. There are 57 staked rows of grape vines which run the length of
the property (the plants in the southwestern 13 rows apparently died and have been
removed). With regard to flood hazard area, the subject property is designated as Zone
C (area of minimal flooding), according to Federal Community Panel Number 3608130093D
dated April 17, 1985.
Aeeording to the Soil Survey of Suffolk County, New York prepared by the U.S.
Conservation Service, the subject property is located within the Haven-Riverhead
Association (deep, nearly level to gently sloping, well-drained, medium-textured and
moderately coarse textured soils on outwash plains). More speeifleally, the subject
property is comprised of two soil phases. The majority of the site is designated as
· HaA (Haven loam, 0% to 2% slopes) with the balance dasigrlhted as RdA (Riverhead
sandy loam, 0% to 3% slopes). These soils are well suited for al] crops commonly grown
in Suffolk Coun.ty. The hazard of erosion is slight for these two soil phases.
There is a cistern and electric service at the center of the site's Oregon Road
frontage (Out Parcel). Utilities available include Long Island Lighting Company electric
and New York Telephone Company. Reference is made to the addendum for a copy of
the tax map.
PRESENT USE OF TIlE PROPERTY
The property is currently utilized as a vineyard.
C. ZONING AND GOVERNMENTAL REGULATIONS OF THE PROPERTY
The subject property is zoned A-C Agricultural Conservation by the Town of
Southold. This zoning district permits agricultural uses and one-family detached dwellings,
not to exceed one dwelling on each lot. The minimum requirements for one-family
detached dwellings include a lot size of 80,000 square feet, a lot width of 175 feet, and
a lot depth of 250 feet. The site meets all of the requirements of the ordinance, subject
to the building setback for each individual potential plot. Calculated on the basis of
one plot per 80,000 square feet, the subject property could yield 9 plots. A cluster
development would be required by the Town.
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095 Main Roa
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
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 JUNE 15, 1992:
RESOLVED that the Town Board of the Town of Southold hereby engages
the services of Michael E. Gorman, Certified Real Estate Appraiser, of
Gorman & Associates, Mattituck, New York, at a fee of $600.00, to conduct
an appraisal of the property of Spectacle Ridge, Inc. (Tax Map No. 1000-
84-1-2), for the Land Preservation Committee.
Judith T. Terry~/
Southold Town Clerk
June 17, 1992
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..... "~ (~) COUNTY OF SUFFOLK o,._ ? ~OLD _ _
_ !~"] I~ !°~ ;~' Real Properly Taz Service Agency ~!!~s~? 084
AREA ZONING MAP
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PHOTOGRAPHS OF SUBJECT PROPERTY
Western corner looking northeast along OregOn Road frontage
Western corner looking southeast along property line
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PHOTOGRAPRS OF SUBJECT PROPERTY'
Looking southeast a( cistern and electric service (oui Parcel)
Northern corner looking southwest along Oregon Road frontage
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PHOTOG~AP~{S OF SUBJECT PI~OPERTY
Northern corner looking southeast along property line
Northeastern corner looking southwest
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PIIOTOGRAPHS OF SUBJECT PROPERTY
Eastern corner looking northwest
Southern corner looking northwest along property line
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QG JUDITH T. TERRY
MARRIAGE OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
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 DECEMBER 22, 1992:
RESOLVED that the Town Board of the Town of Southold hereby sets 4:35
P.M., Tuesday, January 19, 1993, Southold Town Hall, Main Road,
Southold, New York, as time and place for public hearing on the question
of the Acquisition of Development Rights in the Agricultural Lands of the
following properties:
1. Hope T. Gillispie a~d Diana Alford, north side Main Road (Route 25),
Orient, Tax Map No. 1000-20-1-2, 20 acres, $13,500.00 per acre, for
a total of $270,000.00.
Catherine Simicich, south side Bergen Avenue, Mattituck, Tax Map
No. 1000-113-7-19.22, 30 acres, $10,000.00 per acre,, for a total of
$300,000.00.
Spectacle Pidge, Inc., southeast side Oregon Road, Cutchogue, Tax
Map No. 1000-84-1-p/o 2, 18.7918 acres, $9,976.00 per acre, for a
total of $187,467.00.
Southold Town Clerk
December 23, 1992
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 19th day of January, 1993, at
4:35 P.M., at the Southold Town Hall, Main Road, Southold, New York,
on the question of the acceptance of options for the acquisition, by the
Town of Southold, of the development rights in the following parcels of
agricultural lands, to wit:
I. A parcel of land owned by Hope T. Gillispie and Diana Alford,
comprising approximately 20 acres, located on the north side of Main Road
[Route 25), Orient, New York.
2. A parcel of land owned by Catherine Simicich, comprising
approximately 30 acres, located on the south side of Bergen Avenue,
Mattituck, New York.
3. A parcel of land owned by Spectacle Ridge, Inc., comprising
approximately 19 acres, located on the southeast side of Oregon Road,
Cutchogue.
FURTHER NOTICE IS GIVEN that option agreements between the
owners of the above described parcels of land and the Town of Sour.hold,
containing a more detailed description of the above mentioned parc/els of
land, are on file in the Southold Town Clerk's Office, Southold Toy n Hail,
Main Road, Southold, New York, and may be examined by any interestecf
persons during normal business hours.
DATED: December 22, 1992.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON JANUARY 7, 1993, AND FORWARD THREE (3)
AFFIDAVITS OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN
HALL, MAIN ROAD, SOUTHOLD, ~IEW YORK 11971.
Copies to the following:
The Traveler-Watchman
The Suffolk Times
Town Board Members
Town Attorneys
Land Preservation Committee
Hope T. Gillispie & Diana Alford
Catherine Simicich
Spectacle Ridge, Inc.
Town Clerk's Bulletin Board
PUBLIC HEARING
SOUTHOLD TOWN BOARD
January 19, 1993
4:35 P.M.
iN THE MATTER OF THE QUESTION OF THE ACCEPTANCE OF OPTIONS FOR
THE ACQUISITION, BY THE TOWN OF SOUTHOLD, OF THE DEVELOPMENT RIGHTS
IN THE PARCELS OF AGRICULTURAL LANDS OWNED BY HOPE T. GILLISPIE
AND DIANA ALFORD IN ORIENT, NEW YORK, AND CATHERINE $1MIClCH IN
MATTITUCK, NEW YORK, AND SPECTACLE RIDGE, INC. IN CUTCHOGUE, NEW
YORK.
Present
Supervisor Scott L. Harris
Councilman George L. Penny IV
Councilman Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Absent: Justice Raymond W. Edwards (out-of-town)
SUPERVISOR HARRIS: The second public hearing of the afternb~n, a public
hearing in relationto acqtJisition of Development Rights, property of Agricultural
Lands on certain properties within the Town of Southold. Councilman Lizewski
will read proof of verification and publication of such.
COUNCILMAN LIZEWSKI: "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 19th day of January, 1993, at 4:35 P.M., at
the Southold Town Hall, Main Road, Southold, New York, on the question of
the acceptance of options for the acquisition, by the Town of Southold, of the
development rights in the following parcels of agricultural lands, to wit:
1. A parcel of land owned by Hope T. Gillispie and Diana Alford, comprising
approximately 20 acres, located on the north side of Main Road (Route 25), Orient,
New York.
2. A parcel of land owned by Catherine Sirnicich, comprising approximately
30 acres, located on the south side of Bergen Avenue, Mattituck, New York.
Pg 2 - PH Development ~ '~ts
3. A Parcel of land owned by Spectacle Ridge, Inc., comprising approxi-
mately 19 acres, located on the southeast side of Oregon Road, Cutchogue.
FURTHER NOTICE IS GIVEN that option agreements between the owners
of the above described parcels of land and the Town of Southold, containing
a more detailed description of the above mentioned parcels of land, are on file
in the Southold Town Clerk's Office, Southold Town Hall, Main Road, $outhold,
New York, and may be examined by any interested persons during normal business
hours. Dated: December 22, 1992. Judith T. Terry, Southold Town Clerk."
I believe it has been posted on the Bulletin Board. There was proof of publica-
tion in both The Watchman, and Suffolk Times. That's it.
SUPERVISOR HARRIS: At this time, are there any members of the audience,
that would like to speak in reference to the acquisition of development rights
on these parcels? Would you come forward, and state your name for the record,
please?
HOPE GILLISPIE:
be reduced?
I'm Hope Gillispie. Will the taxes on that parcel, if accepted,
SUPERVISOR HARRIS: To answer your question, there is an 'Assessor, who
just happens to be sitting in the back, of the room.
ROBERT SCOTT: The assessment ~ the property will be reduced by 50%, the
corresponding taxes will be reducc~l also.
SUPERVISOR HARRIS: Are there any other questions in reference to this?
HOPE GII_LISPIE: I'm not sure of the limitations in development rights as to
the future of that land. There's very little land left to be farmed in Orient,
as you know. When the current farmer is no longer farming, then what are the
restrictions on the land for an alternative method of agricultural use?
SUPERVISOR HARRIS: That's the question. That is e~actly what the Board
has been dealing with, with alternative uses, other than agriculture for these
properties, and it's obvious, that most of these properties, that have gone into
development rights have had a lot of careful consideration behind them before
they have been entered into contract by the Town of Southold. Art Ross in
the Land Preservation Committee diligently works to make sure that bonafide
agricultural operations continue on these properties, that they're ongoing to begin
with, and that there's something that's sound, when it comes to the future, so
that is part of deliberations, just one of many, many things, that they explore
in the acquisition of development rights throughout the township.
HOPE GILLISPIE: For instance, if there's nobody to farm, does this restrict
for instance, fencing if you want to?
SUPERVISOR HARRIS: If you wanted to do horses for instance, horse breeding
is an agricultural use under Section 305, so certainly you could do that. It would
not preclude that use at all.
Pg 3 - PH Develpment Rig'
HOPE GILLISPIE: Thank you.
SUPERVISOR HARRIS: Is there anybody else, that would like to speak in
reference to this? (No response.) If not, I'll declare this public hearing closed.
Judith T. Terry
Southold Town Clerk
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095 Main Roa
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
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 DECEMBER 22, 1992:
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Scott L. Harris to execute Agricultural Development
Rights' Acquisition -' 'Option Agreements for the following three parcels, all
in accordance with the approval of the Town Attorney: ~
1. Hope T. Gillispie and Diana Alford, 'north side Main Road (Route 25),
Orient, Tax Map No. 1000-20-1-2, 20 acres, $13,500.'00 per acre, for
a total of $270,000.00~
2. Catherine Simicich, south side Bergen Avenue, Mattituck, Tax Map
No. 1000-113-7-19.22, 30 acres, $10,000.00 per acre, for a total of
$300,000.00.
3. Spectacle Ridc~e, Inc., southeast side Oregon Road, Cutchogue, Tax
Map No. 1000-84-1-p/o 2, 18.7918 acres, $9,976.00 per acre, for a
total of $187,467.00.
' Judith T. Terry ~/'
Southold Town Clerk
December 23, 1992
OPTION AGREEMENT
THIS AGREEMENT made this 22nd day of December, 1992 between
SPECTACLE RIDGE, INC., having its office and principal place of business at
20 Harkim Road, Greenwich, Connecticut hereinafter described as the
Optlonor, and the TOWN OF SOUTHOLD, a municipal corporation of the State
of New York having its office and principal place of business at Main Road,
Southold, New York, hereinafter described as the Optlonee.
WlTNESSETH:
1. In Consideration of the sum of ten ($10.00) dollars, paid by the
Optionee, receipt of which is hereby acknowledged, the Optlonor does hereby
give and grant to the Optionee the exclusive option, right and privilege to
purchase the Development Rights, as authorized by Section 2L[7 of the New
York State General Municpal Law for the premises at southeast side of Oregon
Road, Cutchogue, New York, SCTM # 1000-81~-1-p/o2.
2. That this option shall continue in effect until 12 o'clock midnight
on the 60th day after the Southold Town Board holds a public hearing on the
question of the acceptance of this option, as required and provided in Section
25-[[0 of Chapter 25 of the Southold Town Code. The Optionee represents that
it will hold such public hearing within L[5 days from the date hereof. In the
event that the Optlonee fails to hold such hearing within ~5 days from the
date hereof, the Optionor shall have the right to terminate this option by
giving written notice of termination to the Southold Town Clerk.
3. The total purchase price shall be $171,372.72 (17.]~785 acres at
$9,976.00 dollars per acre of land), to be paid by the Optionee, if this
option is exercised, as provided in the annexed form of agreement.
4. If this option is exercised by the Optionee as herein provided, the
Optionor and the Optionee will respectively as seller and purchaser perform
the obligations set forth in the form of agreement to be performed by the
seller and the purchaser therein, said form of agreement being annexed hereto
and made a part hereof, and marked as Exhibit A.
5. This option is to be exercised by the Optlonee by written notice
signed by the Optionee and sent by registered or certified mail prior to the
expiration date, to the Optionor at its address set forth above.
6. The deed conveying the Development Rights in the premises shall be
in the form annexed hereto and made a part hereof and marked as Exhibit B.
IN WITNESS WHEREOF, the parties hereto have executed and delivered
this agreement the day and year first above written.
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
On this 22nd day of December, 1992, before me personally came SCOTT
L. HARRIS to me known, who being by me duly sworn, did depose and say
that he resides at 37800 Main Road, Orient, New York; that he is the
Supervisor of the TOWN OF SOUTHOLD, the municipal corporation described in
and which executed the above instrument; that he knows the seal of said
corporation; that the seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the Town Board of said corporation; and
STATE
ss:
COUNTY
that he singed his name thereto by llke order.
~ I Notary Public
UATT~,EWG. KI£RNAN
N01aly P?.~. State 0f New YorX
, No, 4948178
~ F.31~$ Ma~ch 6,1993
~.~/~n t.~.he day of , 19/~ before me personally
came~Mark A, Lieb to me known, who being by me duly sworn, did depose and
say that +he~ reside~ at~u,J~ , C7~'-' ; that-fhe~:i~, the Pres.dent~, of
SPECTACLE RIDGE, INC., the corporation described in and which executed
the foregoing instrument; that~he~know~/the seal of said corporation; that the
seal affixed to said instrument is such corporate seal; that it was so affixed
by order of the board of directors of said corporation, and that+he,'signed ~
nameAthereto by like order.
Notary Public
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JUDITH T. TERRY
MARRIAGE OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
S°Uthold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
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 FEBRUARY 2, 1993:
WHEREAS, the Town Board of the Town of Southold entered into an option agreement
with Spectacle Ridge, Inc. for the purchase of the development rights in their
agricultural lands; and
WHEREAS, the Town Board held a publ. ic hearing with respect to said option on the
19th day of January, 1993, pursuant to the provisions of Section 25-4 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 said option
agreement with Spectacle Ridge, Inc.; now, therefore, be it
RESOLVED that the Town Board hereby elects to exercise the option to purchase
the development rights in the aforesaid agricultural land owned by Spectacle Ridge,
Inc., comprising approximately 19 acres, located on the southeast side of Oregon
Road, Cutchogue, Tax Map No. 1000-84-1-p/o 2, at $9,976.00 per acre, for a total
of $187,467.00; and be it
FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and
directed to give notice of such acceptance to Spectacle Ridge, inc.; and be it
FURTHER RESOLVED that the Supervisor be and he hereby is authorized and
directed to execute any and all required documents for the acceptance of said
development rights.
Judith T. Terry
Southold Town Clerk
February 3, 1993
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DEED ..r~" )
OF
30188
DEVELOPMENT RIGHTS
13th
THIS INDENTURE, made this/ day of May, 1993,
BETWEEN LIEB VINEYARD, INC. formerly known as SPECTACLE
RIDGE, INC., having its office and principal place of business at 20
Harkim Road, Greenwich, Connecticut, party of the first part, and
THE TOWN OF SOUTHOLD, a municipal corporation of the State of
New York, 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
I g; e"a ~2 '
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,
DOES HEREBY GRANT AND RELEASE unto the party of the second
part, its successors and assigns forever, the DEVELOPMENT RICHTS, by
which is meant the permanent legal interest and right, as authorized by
Section 2~.7 of the New York State General Municipal Law, as amended, to
;'mit, 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 Southold, and the right to prohibit or
restrict the
production, to the property described as follows:
use of the premises for any purpose other than agricultural
30188
REAl ES?Ai~ _;, t
SbFFuLK
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:
BEGINNING at a concrete monument set on the southeasterly side of
Oregon Road distant southwesterly 677.10 feet from the corner formed
by the intersection of the southwesterly side of Bridge Lane and the
southeasterly side of Oregon Road;
RUNNING THENCE South 47 degrees 35 minutes 55 seconds East along
land now or formerly of the Society for the Propagation of the Faith
and land now or formerly of Asip, 1~03.70 feet to a monument set at
land now or formerly of McGuinnigle;
THENCE South 44 degrees 00 minutes 35 seconds West said land now
or formerly of McCuinnlgle passing through a monument, 379:81 feet
to a monument;
THENCE South 47 degrees 43 minutes 15 seconds East still along said
land, 462.00 feet to a monument and land now or formerly Shalvey;
THENCE South 69 degrees 35 minutes 15 seconds West along said land
now or formerly of Shalvey, 208.11 feet to a monument;
THENCE North 48 degrees 07 minutes 08 seconds West, 18,~9.20 feet
to a monument and the southeasterly s~de of Oregon Road;
THENCE Northeasterly along said southeasterly side of Oregon Road:
(1) North 61 degrees 26 minutes 00 seconds East, 197.05 feet;
and
(2) North 51 degrees 44 minutes 30 seconds East, 47.03 feet to
other land of the party of the first part;
THENCE along said land of the party of'the firs', part the following
three courses and distances:
(1) South 47 degrees 35 minutes 55 seconds East, 551.26 feet;
(2) North 42 degrees 24 minutes 05 seconds East, 305.00 feet;
and
(3) North 47 degrees 35 minutes 55 seconds West, 501.10 feet
to a monument found on the southeasterly side of Oregon
Road;
THENCE North 51 degrees ~ minutes 30 seconds East along the
southeasterly side of Oregon Road, 43.84 feet to the point or place
of BEGINNING.
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
incumbered in any way whatever, except as aforesaid. The party of 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 th~ first part, covenants in all aspects to comply with
Section 13 of the Lien Law, as same~ applies with said conveyance.
The definition of "Agricultural Production" as defined in Section 25-30
of Chapter 25 of the Southold 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 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
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 of such sections of the Town or Real Property 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.
IN WITNESS WHEREOF, the party of the first part has duly executed this
deed the day and year first above written.
~' ~U,~--~ ~-~~'~ LIEB VINEYARD, INC., f/k/a
~-~'~L/f-~-~ ~- ~/~ ~/~' SPECTACLE RIDGE. INC.
/ ~, ~
-/ CO~ECTICUT ~k [
STATE OF
COUNIY OF
FAIRFIELD
On they3 dgy of ~ay, ;993, before me pe~sona{{y came Mark Lie~
'~?' '5'"'7-~ -t~' ~ me known, who, being by me duly sworn, did depose
and say that he resides at ~0 ~ork;~ R~, 6rc~ic~, Co,oct'cut .that
he is the V~C~ Prc~;den~ of Lieb Vineyard-, Inc., the
corporation describe in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed to said instrument
is such corporate seal; that it was so affixed by order of the ~{~
said corporation, and that he signed his name thereto by like order.
Notary Public
,Jean M.
Notary Public
~Ommlsslon Expires March 31. I
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APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
Jame~ Dinizio, Jr.
Robert A. Villa
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Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
MEMORANDUM
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
TO:
FROM:
DATE:
SUBJECT:
Mr. Art Ross, Chairman, Land Preservation Committee
Board of Appeals ~-~
January 22, 1993
Spectacle Ridge, Inc. - Two Dwellings on 3.67 A
Joint Project for: Two Dwellings on 3.67 Acres plus
Land Preservation on Remaining Land 17.1869 Acres
As a follow-up to communications with you during late October
1992 concerning the above property, we are attaching a copy of a
conditional variance for an increase of density (two dwelling
units on the entire 20.86 acres -- confirmed by the survey
prepared August 26, 1992 by Smith & Jung, L.S. (copy also
attached).
In reviewing the town's appraisal dated August 14, 1992, it
appears that approximately 17 acres is being proposed for land
preservation/acquisition by the Town. In the event this acreage
in increased to more than 17.2 acres, you should be aware that
the Board of Appeals has allowed a designated 3.67 acres
(160,000 sq. ft. as a minimum) for residential yard areas
related to the proposed two dwellings.
Attachments (2)
cc: Judith T. Terry, Town Clerk
APPEALS BOARD MEMBERS
Gerard R Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Richard C. Wilton
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
BOARD FINDq'NGS AND DETERMTNATION
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
Appeal No. 4144 - Application of SPECTACLE RIDGE, INC. for
a Variance to the Zoning Ordinance, Article III, Section
100-3iA(i) for permission to establish second residential use in
the proposed accessory barn building (located in the front yard
area as per Appl. No. 4132A, decision rendered November 9, 1992)
as living area ~for family member or guests and domestic servant
{in one single unit). Section 100-3iA(i) provides for single-
family use, not exceeding one dwelling per lot. Location of
Property: 14990 Oregon Road, Cutchogue; County Tax Map No.
1000-84-01-02.
WHEREAS, after due notice, a public hearing was held on
January 14, 1993, and those who desired to be heard were heard.
and their testimony recorded;
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, the current zoning of
this property (A/C) and the surrounding areas; and
WHEREAS, the Board made the following findings of. fact:
1. The property in question is situated along the
southerly side of Oregon Road, situate approximately 730 feet
west of its intersection with Bridge Lane, Cutchogue, Town of
Southold, as identified on the Suffolk County Tax Maps as
District 1000, Section 84, Block 1, Lot 2.
2. This parcel contains a total acreage at this time of
19.07 acres; town assessment records show that it is improved
with a barn building used solely for agricultural and farming
purposes.
3. Pending with the Southold Town Planning Board is an
application for an alteration of lot line which would confirm a
proposed exchange of property of 1.78 acres (see survey map
prepared by Smith & Jung, L.S. dated August 26, 1992) from Land
of the Society for the Propagation of the Faith and ASIP to
Page 2 - ApPl. No. 41
Matter of SPECTACLE RIDGE, INC.
Decision Rendered January 14, 1993
Spectacle Ridge, Inc. (the applicant herein). This 1.78-acre
strip is shown to be 56 feet in width along oregon Road and
extends in a southerly direction 1403.70 feet, and is to be
merged with the 19.07+- acres of Spectacle Ridge, Inc. for a
total land area of 20.8627 acres.
4. By this application, a variance is requested for
permission to convert a proposed barn building, which is
presently authorized for storage purposes accessory to the main
residence, to a single-residential unit of 1700 sq. ft. of floor
area for residency-occupancy by the property owner's brother,
and possibly a domestic servant.
5. As part of this submission, the applicant has agreed to
utilize and apply at least 80,000 sq. ft. of land for each of
the two residential uses, for a minimum of 160,000 sq. ft. until
such time that a conveyance would be proposed. If and when a
conveyance is proposed in the future for'either or bo~h houses,
an application to the Southold Town Planning Board, and other
agencies, must be filed and finalized in accordance with the
land regulations in effect at the time of the subdivision and
conveyance of the land.
6. Also noted for the record is the fact that a public
hearing is being held by the Southold Town Board concerning the
acquisition of development rights (for land preservation)
involving 17+- acres remaining out of the entire 20.8 acres,
based upon the application before and recommendation of the
Southold Town Land Preservation Committee.
7. The Bulk, Area and Parking regulations in effect at
this time applicable to the Agricultural-Conservation Zone
District ~oes require a minimum land area of 80,000 sq. ft. for
one principal dwelling (or other principal building/use).
The applicant has indicated that there will be no conveyance
proposed in the near future, and that the entire acreage will
remain in the ownership of Spectacle Ridge, Inc. until such time
as subdivision approvals have been applied for and received.
8. In consideration this application, the Board finds:
(a) that the essential character of the neighborhood
will not be undesirably affected since the amount of land area
is and will remain at 20.86 acres - which is substantially in
excess of the today's minimum requirement of 160,000 for two
dwelling units although a variance was required to permit more
than one dwelling structure on a single 20.86-acre lot as
surveyed August 26, 1992;
Page 3 - Appl. No.
Matter of SPECTACLE RIDGE, INC.
Decision Rendered January 14, 1993
(b) that the relief requested to allow a second
dwelling on 20.8 acres will not have an adverse effect or impact
on the physical or environmental conditions in the neighborhood
or district;
(c) that the relief requested will not be a
substantial increase in the permitted single-family use density,
or cause a substantial effect on available governmental
facilities since the remaining 17.18 acres is proposed for land
preservation, and dwelling unit expansion or other development
on this property will necessitate subdivision approvals from the
Southold Town Planning Board and other appropriate agencies;
(d) although the difficulty is self-created, the
relief requested is minimal and not unreasonable in light of the
circumstances affecting this property and proposals of the owner
as described herein;
(e) that although the development rights of the
property are being contemplated for acquisition by the Town of
Southold at the recommendation of the Land Preservation
Committee Meeting (and pending at this time - see Minutes of
Town Board Public Hearing was held January 19, 1993), the entire
acreage of 20.86 acres would include 3.6731 acres for the two
dwelling units, and 17.1869 acres wouldbe available as the
remaining acreage for acquisition in the land preservation
program. (Please see survey prepared August 26, 1992 for the
whole parcel to be in the ownership of Spectacle Ridge, Inc. as
amended.)
NOW, THEREFORE, on motion by Chairman Goehringer, seconded
by Member Doyen, it was
RESOLVED, that SPECTACLE RIDGE, INC. be granted a variance
to allow two dwelling units on one 20.85-acre parcel, as shown
on the August 26, 1992 survey prepared by Smith & Jung, L.$.,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That both dwelling units will not be conveyed
separately or otherwise subdivided unless applications are filed
with and approved (or waived in writing) by the Southold Town
Planning Board in accordance with the Chapter 106 of the Code of
the Town of Southold; and
2. That if a conveyance of land is proposed to separate
the dwelling (or dwellings) from the land preserved for farmland
if and when acquired by the Town of Southold, then the
properties must conform to the lot size requirements of Chapter
100 (Zoning) of the Town of Southold which currently requires a
Page 4 - Appl. No. 41_~
Matter of SPECTACLE RIDGE, INC.
Decision Rendered January 14, 1993
minimum amount of land area applied to each dwelling of 80,000
sq. ft., for a total of 160,000 sq. ft. for both dwellings); and
3. That a Declaration of Covenants and Restrictions be
prepared in legal, recordable form and signed by the owner(s)
and their attorney, for submission to Town (Zoning Board of
Appeals), incorporating the above agreement and conditions which
shall be forever binding upon the owner, subsequent owners,
their successors and assigns, in perpetuity. After acceptance
of this Declaration by the Chairman or as amended with the
advice of the Town Attorney, a conformed copy of the original,
after filing with the Suffolk County Clerk's Office, shall be
furnished to the Board of Appeals for permanent recordkeeping
purposes~ and
4. (See below)*
Vote of the Board: Ayes: Messrs. Goehringer, Doyen,
Dinizio, Villa and Wilton. This resolution was duly adopted.
HRING~R,'CHAIRMAN ·
*4. Northerly (barn) buildi.ng shall be limited to permanent
residency by family members (no unrelated residency), and residential
use may not rented to transients, or be used for an inn, motel, or
similar type of lodging.
ur~J. Ubl--
8£6. i7'
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13.9735 Acres
LAND OF THE SOCIETY ~OR
THE PROEOBATIOH OF THE FA[TH
999.38'
EX[STING '
OEVELOPNENT RIGHTS TO BE ACQUIRED
BY THE TOWN OF SOUTHOLD
ggg. 38'
t005.32'
S 47°-35'-55" E
LANO OF SPECTACLE RIDGE, INC.
TOTAL AREA ' 20.8627 Acres
t403.70' '
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LAND OF A$IP
AREA · 5.6956 Acres
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2001 Aerial SCTM #1000-84-1-4.5 Premises: 14990 Oregon Rd, Cutchogue 17.18 acres development rights