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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. 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 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 P R 0 P E R T Y V I S U A L S 37 38 ,I 3g 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 P U B L I C H E A R I N G 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 P U R C H A S E R E S O L U T I O N 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 R E C O R D E D D E E D 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 P R O P E R T Y R E C O R D S 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 A E R I A L S 2001 Aerial BERKMAN Property 4055 Oregon Rd, Mattituck 25.31 acres development rights easement