HomeMy WebLinkAboutBerkman, Barry & Others 1000-94-3-3.3
(f/Ma 1000-94-3-3)
Baseline Documentation
Premises:
4055 Oregon Road
Mattituck, New York
25.31 acres
Development Rights Easement
BARRY BERKMAN & OTHERS
to
TOWN OF SOUTHOLD
Deed dated April 27, 1993
Recorded May 4, 1993
Suffolk County Clerk - Liber 11627, Page 784
SCTM #:
1000-94-3-3.3
(f/k/a 1000-94-3-p/o 3)
Premises:
4055 Oregon Road
Hamlet:
Mattituck
Purchase Price:
$189,847.00
(25.31acres ~ $7,500/acre)
Funding:
Agricultural Land
Capital Funds
CPF Project Plan:
n/a
Total Parcel Acreage:
37.1 acres
Development Rights:
25.31 easement acres
Zoned: A-C
Existing Improvements: None noted in file
Sales History of the ~- Property
District: 1000; Section 094.00; Block 03.00; Lot 003.000.
(Faro #1'. )
The subject property has been. in the same
ownership since the 30th of April, 1973.
The last deed of record is as follows:
Liber 7397
Page 247.
Description of the Site
Valuation Influences
The subject property contains two farms.
Currently farm number one contains approximately
thirty-seven acres, of which only thirty acres is being
offered to the Town of Southold Farmland Preservation
Program.
The owner is taking out the entire sound frontage
which comes to approximately three hundred fifty-nine.
feet.
The west boundary, equals approximately
four thousand two hundred sixty-five feet; however,
the owner will be taking out a portion of this.
The frontage along the road comes to approximately
three hundred ninety-seven feet.
The owner will provide a Right-Of-Way on either
boundary line in order to reach the acreage being
offered to the Town of Southold Farmland Preservation'
Program.
The subjectproperty is currently rented out to
others.
The vineyard is currently planted with
potatoes.
The topography is level and open.
The thirty acres being offered is currently in
a fam belt area.
The property tothe east has been purchased
by the County of Suffolk for its Development Rights.
The only public utilities available are
electric and telephone.
There is a private well and there would be
a need for private cesspools.
The subject property is Zoned for Agricultural
Conservation uses.
Description of the Site and Valuation Influences continued
The ease of development would be considered as
fair.
The desirability 'for homesites would be
considered as fair.
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Roa~
P.O. Box 1179
Southold, New York 11971
FAX (516) 765-1823
TELEPHONE (516) 765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED B'Y THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 24, 1990:
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the Southold Town Farmland Preservation Committee to engage
the services of Andrew Stype, at a total fee of $2,600.00, for the
purpose of conducting appraisals of the following properties:
Constance Terry-Hope Gillispie-Diana Alford
Tax Map #1000-20-1-2, Main Road, Orient, 20 acres
Dr. Calvin Rasweiler
Tax Map #1000-129-1-1, Laurel Lane, Laurel, 57 acres
Barry Berkman
Tax Map #1000-94-3-3, n/s Oregon Road, Mattituck, 30 acres
Barry Berkman
Tax Map #1000-95-3-3.3, s/s Oregon Road, Mattituck, 38 acres
Southold Town Clerk
April 26, 1990
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town HaLl, 53095 Main Ro~
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 25, 1992:
RESOLVED that the Town Board of the Town of Southold hereby engages
the services of Andrew B. Stype, of Stype Brothers Real Estate, Inc., to
review and update the following four (4) appraisals he previously
conducted, at a total fee of $1,350.00: Madeline L. Moelius (Tax Map
#1000-75-2-16, Main Road, Southold, 14 acres, originally appraised on
January 16, 1990), John Zuhoski, Jr. (Tax Map #1000-83-2-13, Oregon
Road, Cutchogue, approximately 38 acres, originally appraised on August
2, 1989), Barry Berkman (Two Parcels: Tax Map #1000-94-3-3, Oregon
Road, Mattituck, approximately 30 acres, originally appraised June 12,
1990; Tax Map #1000-95-3-3.3, Oregon Road, Mattituck, approximately 38
acres, originally appraised June 12, 1990),Ralph Pugliese (Tax Map #1000-
97-1-p/o 12.1 & #1000-85-2-p/o 1.2, Bridge Lane, Cutchogue, approximately
20 acres, originally appraised July 28, 1988).
Judith T. Terry ~'
Southold Town Clerk
February 26, 1992
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38
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NO. 1~
OREGON
FARM NO. 2.
1193
HO6U£
9
District: 1000
Section: 094.00
Block: 03.00
Lot: 003.000
Subject FamNumber One.
Oregon Road
looking west.
Year 1990
District: 1000
Section: 094.00
Block: 03.00
Lot: 003.000
Subject Farm Number One.
Oregon Road
looking north.
Year 1990
View of Sub,)ec~t Prn~:.~:x)erl __N°' _/~.'
BI!;RKI~IAN, Barry el: a[
I ()00-9&-3-3.
SJdo of Oregon
New York 11052
Year 1992
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095 Main R,
P.O. Box 1179
Southold, New York 119'
Fax (516) 765-1823
Telephone (516) 765-18(3
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TO¥'tN BOARD AT A REGULAR MEETING HELD ON MAY 20, 1992:
RESOLVED that the Town Board of the Town of Southold hereby sets 8:00
P.M., Tuesday, June 16, 1992, Southold Town Hall, Main Road, Southold,
New York, as time and place for a public hearing on the question of the
Acquisition of Development Rights in the Agricultural Lands of the following
properties:
1. Barry Berkman & others, north side of Oregon Road, Mattituck, Tax
Map No. 1000-94-3-3, 28+ acres, $7,500.00 per acre, for a total of
approximately $210,000.00.
2. Adrian H. Courtenay, III, north side of Wickham Avenue, Mattituck,
Tax Map No. 1000-107-5-p/o 6.1, 20 acres, $9,500.00 per acre, for
a total of $190,000.00.
Chester, Parker & Betse¥ Dickerson, west and east side of Youngs
Avenue, Southold Tax Map Nos. 1000-55-1-8 & 1000-55-2-9.1, 62
acres, $6,500.00 per acre, for a total of $403,000.00.
Judith T. Terry ~
SoutholcJ Town Clerk
May 21, 1992
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of ti
Agricultural Lands Preservation Law of the Town of Southold, constitutir
~Chapter 25 of the Southold Town Code, the Town Board of the Town
Southold will hold a public hearing on the 16th day of June, 1992, at
P.M., at the Southold Town Hall, Main Road, Southold, New York, on ti
question of the acceptance of options for the acquisition, by the Town
Southold, of the development rights in the following parcels of agricultur
lands, to wit:
1. A parcel of land owned by Barry Berkman & others, comprisir
approximately 28 acres, located on the north side of Oregon Roa~
Mattituck, New York.
2. A parcel of land owned by Adrian H. Courtenay, III, comprisir
approximately 20 acres, located on the north side of Wickham Avenu,
Mattituck, New York.
3. A parcel of land owned by Chester, Parker and Betsey Dickerso~
comprising approxir~ately 62 acres, located on the west and east sides
Youngs Avenue, Southold, New York.
FURTHER NOTICE IS GIVEN that option agreements between
owners of the above described parcels of land and the Town of Southol,
containing a more detailed description of the above mentioned parcels
land, are on file in the Southold Town Clerk's Office, Southold Town Ha
Main Road, Southold, New York, and may be examined by any interesb
persons during normal business hours.
DATED: May 20, 1992.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON MAY 28, 1992, AND FORWARD THREE (
AFFIDAVITS OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOt1
HALL. MAIN ROAD, SOUTHOLD, NEW YORK 11971.
Copies to the following:
The Traveler-Watchman
The Suffolk Times
Town Board Members
Town Attorneys
Land Preservation Committee
Town Clerk's Bulletin Board
PUBLIC HEARING
SOUTHOLD TOWN BOARD
June 16, 1992
8:00 P.M.
ON THE PROPOSED AXQUISITION OF DEVELOPMENT RIGHTS OF AGRICULTURAL
LAND OWNED BY BARRY BERKMAN & OTHERS, ADRIAN H. COURTENAY, Ill,
AND CHESTER, PARKER AND BETSEY DICKERSON.
Present:
Absent:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Councilman George L. Penny IV
SUPERVISOR HARRIS: At this time we have a public hearing on the acquisition
of development rights of agricultural lands owned by Berkman, Courtenay, and
Dickerson. At this time, the proof of verification and publication of such change
public hearing. The Town Clerk will now read that.
TOWN CLERK TERRY: "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 16th
day of June, 1992, at 8:00 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 agricul-
tural lands, to wit: 1. A parcel of land owned by Barry Berkman & others,
comprising approximately 28 acres, located on the north side of Oregon Road,
Mattituck, New York. 2. A parcel of land owned by Adrian H. Courtenay, III,
comprising approximately 20 acres, located on the north ~ide of Wickham Avenue,
Mattituck, New York. 3. A parcel of land owned by Chester, Parker and Betsey
Dickerson, comprising approximately 62 acres, located on the west and east side
of Youngs Avenue, Southold, New York. 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, Southold, New York, and may be examined by any interested
persons during normal business hours. Dated: May 20, 1992. Judith T. Terry,
Southold Town Clerk." I have a notice, that, I as Town Clerk, posted this
on the Town Clerk's Bulletin Board, that it was published in The Suffolk Times,
~/~ P 2 - PH dev. rights
and The Long Island Traveler-Watchman. I have a letter, a memorandum, to the
Town Board, at the request of the Town Board from Arthur Ross, Chairman of
Land Preservation Committee, dated May 28, 1992. This is written in response
to the request of the Board for a brief report outlining the selection criteria for
the Moelius, I'll explain, was a hearing we held two weeks ago. Berkman, Courtenay
and Dickerson parcels, which were recommended to the Board for purchase of
development rights by the Town. In carrying out it's role as advisor to the Board,
the Land Preservation Committee, and it's predecessor committees, has sought
to avoid the restrictions inherent in a list of criteria, which a property must meet
in order to be considered for recommendation to the Board. While I can not speak
for ~ specific decisions of the Farmland Preservation Committee, since it's inception,
Bob Villa, and Gerry Dennahy have shared my concern, that the program not
be subject to challanges on the grounds, that rigid specifications were not met in
each, and every case. At the same time, my colleagues and I, have been mindful
of the need for guidelines, other than appraisal value for our decision making.
This need became all the more evident when applications increased after the voters
approved the renewed Farmland Program in November, 1991. After thorough
discussion we reported a list of factors for committee deliberation, which are
included in the minutes of our meeting of March 10, 1992, which you received.
A copy is enclosed with this letter. These factors are not set in stone. We
expect to change them from time to time, but they serve for the present. Another
prime consideration entered our deliberations on Moelius, Berkman, Courtenay,
and Dickerson properties. All four have been referred on to the County, when
Town funds appropriated on the early program had been exhausted. While the
County purchased many Southold Town farms, these four were among those frozen
in the pipeline of County procedures, and we gave them priority. The Berkman
eighteen acre parcel was selected from two offerings made by the same owner~
It adjourns a farm on which the County purchased development rights to thirty-seven
acres. The twenty acre Courtenay property in Mattituck is prime farmland in an
area where several farm families are considering the sale of development rights.
This purchase might be an incentive to go forward. The sixty-two acre Dickerson
parcel was choosen from two offered by this local family. It is east, and west
of Railroad Avenue, otherwise known as Youngs Avenue, north of County Route
48, and may well be the northern boundary of the hamlet of Southold in the future.
I will read the factors for committee deliberation. Their~ statute is a bonafide
agricultural production will conserve, protect and encourage the improvement of
prime agricultural lands, both for the production of food and the preservation
of open space. Other, ten acres or more, current production, reasonably accessible
open space factor, resident farmer, probably of development, proximity to other
property under protection from non-farmland use, physical characteristics, and/or
impairment, readily available for transfer, visability, scenic, fertility, soil quality,
and then when have some other data supplied by the Assessors, that is in the
file, and may be examined at any time~ as well as information from our accountant
concerning the method, the debt schedule concerning the bond should we purchase
these properties.
SUPERVISOR HARRIS: Thank you. Is there any member of the audience, that
would like to address this Board on this public hearing? (No response.) If not,
I'll declare this public hearing closed.
· Terry fi/
Southold Town Clerk
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095 Main Ro
P.O. Box 1179
Southold, New York 1197
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 16, 1992:
WHEREAS, the Town Board of the Town of Southold entered into option
agreements with (1) Barry Berkman & others; (2) Adrian H. Courtenay,
III; and (3) Chester, Parker & Betsey Dickerson for the purchase of the
development rights in their agricultural lands; and
WHEREAS, the Town Board held a public hearing with respect to said
options on the 16th day of June, 1992, 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 agreements between (1) Barry Berkman & others; (2)
Adrian H. Courtenay, III; and (3) Chester, Parker & Betsey Dick'erson;
now, therefore, be it :
RESOLVED that' the Town Board hereby elects to exercise the options to
purchase the development rights in the aforesaid agricultural lands owned
by (1) Barry Berkman & others; (2) Adrian H. Courtenay, III; and (3)
Chester, Parker & Betsey Dickerson; and
BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is
authorized and directed to give notice of such acceptance to (1) Barry
Berkman & others; (2) Adrian H. Courtenay, III; and (3) Chester, Parker
& Betsey Dickerson; 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.
Juoith T. Terry/
Southold Town Clerk
June 17, 1992
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DEED
OF
DEVELOPMENT RIGHTS
27S0:
THIS INDENTURE, made this~:;r~ day of April 1993,
BETWEEN BARRY BERKMAN & OTHERS, with a principal place of
business at 135 East 57th Street, 20th Floor, New York New York, 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.
WlTNESSETH
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 RIGHTS, by
which is meant the permanent legal interest and right, as authorized by
Section 2u,7 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
o 9 ~
of the Code of the Town of Southold, and the right to prohibit or
restrict the use of the premises for any purpose other than agricultural
production, to the property described as follows: .~ ~~~R ~~
ALL that certain plot, piece or parcel of land, situate, lying and being near
Mattituck, in the Town of Southold, Couoty of Suffolk and State of New York,
bounded and described as follows:
BEGINNING at a point on the northerly side of Oregon Road; said
point being distant North 52 degrees 02 minutes 00 seconds East
180.02 feet as measured along same from 'the southeasterly corner of
land now or formerly of E. & R. Brown;
RUNNING THENCE from said point of beginning North 38 degrees 49
minutes 45 seconds West 552.27 feet;
THENCE South 51 degrees 10 minutes 15 seconds West 155.0 feet to
the easterly llne of a proposed right-of-way;
THENCE along said proposed right-of-way North 38 degrees 49
minutes 45 seconds West 2955.0 feet; and
THENCE 'North 51 degrees 10 minutes 15 seconds East 340.28 feet to
land now or formerly of Jeanne A. Cardinale;
THENCE along said land South 39 degrees 20 minutes 30 seconds East
2955.12 feet;
THENCE South 51 degrees 10 minutes 15 seconds West 106.71 feet;
THENCE South 38 degrees 49 minutes 45 seconds East 553.85 feet to
the northerly side of Oregon Road;
THENCE along the northerly side of Oregon Road South 52 degrees 02
minutes 00 seconds West 105.01 feet to the point or place of
BEGINNING.
TOGETHER with the non-exclusive right, if any, of the party of the first
part as to the use for ingress and egress of any streets and roads abutting
the above described premises to the center lines thereof,
TOGETHER with the appurtenances and all
party of the first part in and to said premises,
hereunder are concerned.
the estate and rights of the
insofar as the rights granted
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 the 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:
"AgricultuFal 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 npartyn shall be construed as if it reads "partiesn 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.
Deborah Berkman ~ ,b~ ~
Andrew S. Berkman
BERKM. AN .to .me ~.~n to be the ind,vidual described ,n and who executed the
STATE OF N~ YORK) ~ . Notar~ Public
COUNTY .OF SUFFO~ ~
BERKM~,. ~dT' ~ri~.ln and who executed the
foregoing instrument and acknowledged that she execu~the same.
STATE OF NI_~/ YORK)
COUNTY OF SUFFOLK)
day of April, 1993 before me personally came ANDREW S.
BERKMAN to me known to be the individual described in and who executed the
foregoing instrument and acknowledged that he executed the same.
State *ff New York :
County ~f Sufffolk :
On thi~2~'?day Qf ~., ~19~,
beffore me
amd app~i~ed ~e ~ormey zn
by hi~ ~aid attorney in fact
executed the f~regeing inmt~-
merit and duly acknowledEe~
~as~the act and deed
~'~ , herein described
for ~he purposes therein men%ion-
ed by wirtue off a pcwer
,~ey~ duly execuZed by m~id~g~
I ,f
and ~ recerd~d in ~he'
County Clerk's Cfff~ce~
~o~ry Pdbli~
alifiedinSuflo~kC° Y- "'/ /
11627P 784
StaTe ef New York :
CounTy of Suffolk : ss.
On this~ay of,~ri/ , ~,~,
aad appein%ed the a~ormey in
fact b~ ~,~ ~%~
individual d~soribed in amd who
by his said a~orney in fact
execut.d the foregein~
mere% and duly ackmowled~ed
as the act and deed
~'~ , herein
fsr ~he purposes %hsrein mention-
ed by ~lrtue of a p~wer ~f
~ey..duly executed by~s~id
and ~o be. recerd~d in~ ~he' Suffolk
CounZy Clerk's Office simultan-
eously herewith.
KAREN J, t.IAGEN
~/CFI
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2004 Suffolk~Co~Tax Map=Book
OWne~' - Total: 2 ] Taxable ValU~
tame: Bai~.~ Belkman · . ~ £q~nty: 100 ~::
~ddiAddr. : j ~ 100 ~/~¢
;ity: Bellmme. NY Zip: 11710- _ ~ Schla~er~ar: 100 :~: ";
~ale Total: I ',: ~ 1 of 1 ::'
,ook Page Sale Bate Sa~e Price Owner Rpcls: LaNd rights
Z627 784 0~27/93 189.847 Be[kmart. Barry N~hdcd;O
E~emptiomrm Total: I Term OWn tiuildin§
Code Amounl Year Pct
41720 AG DIST 3.000 0 0
:Total:
!Special Distlict Total: 4 'Value /
Code Units Pot Type MovbTax
FDO30 Mattituck FD ;OO .00 _00
PK071 Mattituck Pail :00 .00
OWNER
?
!
LAND
IMP.
TOWN OF SOUTHOLD PROPERTY RECORD CARD
STREET "4 0 .~--~_ VILLAGE
TYPE OF BLD.
PROP. CLASS
TOTAL
DATE
/-1 /
REMARKS
FRONTAGE ON WATER TILLABLE
FRONTAGE ON ROAD
WOODLAND
DEPTH
BULKHEAD
MEADOWLAND
HOUSE/LOT
TOTAL
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2001 Aerial BERKMAN Property 4055 Oregon Rd, Mattituck 25.31 acres development rights easement