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Home My WebLink AboutPeconic Land Trust (Fiore & Others) 1000-86-1-9.3 (f/k/a 1000-86-1-p/o 9) Baseline Documentation Premises: South side of Route 25 Peconic, New York 37.2848 acres Development Rights Easement PECONIC LAND TRUST (Fiore, Anna and others) to TOWN OF SOUTHOLD Deed dated November 25, 1997 Recorded December 10, 1997 Suffolk County Clerk- Liber 11867, Page 069 SCTM #: Premises: Hamlet: Purchase Price: Funding: CPF Project Plan: Total Parcel Acreage: Development Rights: Development Area: Lots Created: Lot Line Change: Zoned: Existing Improvements: 1000-86-1-9.3 (f/k/a 1000-86-1-p/o 9) s/s Route 25 Peconic $258,197.24 (37.2848 acres ~ $6,925/acre) Agricultural Land Capital Funds n/a 49.5494 acres 37.2848 easement acres 4.0 acres Lot #1 = 2.8296 acres Lot #2 = 2.6229 acres Lot #3 = 2.4087 acres .3404 acre (not included in purchase price) R-80 In November 1997 - none on development rights easement - cultivated field 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 Tov~n 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 'the services of David C. conduct an appraisal on behalf of the Land Preservation Committee, fee'of $1,000.00, on the property of Anna Fiore, Route 25, Peconic, (Tax Map No. 1000-86-I-9), approximately 49 acres. Board of the Town of Southold hereby engages Wimpelberg, Certified Real Estate Appraiser, to at a N.Y. Southold Town Clerk August 9, 1995 P R 0 P E R T Y V I S U A L S ! L_o_c_afio_n..Map. 1 9 9 5 P H O T O $ DAVID C. WlMPELBERG, SRA SUBJECT EXTERIOR PHOTO ADDENDUM Borrower/Client OWNER - Anna Fiore & Ors. PropedyAddress 42100 Main Road Peconic County Suffolk Stote New York ZipCode 11958 Lender ~/A 1995 photos VIEW FROM MAIN ROAD VIEW FROM WELLS ROAD 19~95 photos STREET SCENE FormFill® PC- PlusTM 1800) 262--~-805 WF PORTION OF ORIGINAL ACREAGE (NOT THE SUBJECT) (OF APPRAISAL ) P U B L I C H E A R I N G NOVEMBER 12. 1996 2~.-Moved by'.Councilman Townsend, seconded by Councilman Moore, It was RESOLVED that the. Town Board of the Town of Southold hereby sets 5:00 P.M., Tuesday, November 26, 1996, Southold Town Hall, 530~95 Main 'Road,· SoUthold, New York, as time and place for a public hearing on. the question · of the .acquts.ltlon of development, rights in the followir~g Agricultural Lands: Anna Fiore, & others. SCTM~f1000-86-01-09. q3.~. ac~es. 112100 Main Road, Peconlc, 2q.-Vote of the ,Town' Board: Ayes: Councilman Moore, ~Justlce Evans, CouncilwOman Qliva, Councilman Townsend, Councilwoman Hussle. Supervlsor Cochran. This resolution ~Va.S duly ADOPTED. PUBLIC HEARING SOUTHOLD TOWN BOARD NOVEMBER 26, 1996 5:00 P.M. ON A ACQUISITION BY TOWN OF DEVELOPMENT RIGHTS IN THE AGRICULTURAL LANDS OF ANNA FIORE & OTHERS. Present: Absent: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Councilman William D. Moore Town Clerk Judith T. Terry Town Attorney Laury L. Dowd Justice Louisa P. Evans SUPERVISOR COCHRAN: This hearing is on the acquisition by the Town of development rights in the agricultural land of Anna Fiore and others. We will open the hearing, and Bill is going to read the legal notice. COUNCILMAN MOORE: "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 26th day of November, 1996 at 5:00 P.M., at the Southold Town Hall, 53095 Main Road, Southold, New York, on the question of the acquisition, by the Town of Southold, of the development rights in the agricultural lands of Anna Fiore ~. others, Suffolk County Tax Map No. 1000-86-01-09, consisting of 43.1~ acres at 42100 Main Road, Peconic, New York. Further Notice is hereby given that file containing a more detailed description of the above mentioned parcel is on file in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, 5outhold, New York, and maybe examined by an interested person during normal business hours, Dated: November 12, 1996. Judith T. Terry, Southold Town Clerk." I have an affidavit of publication in The Traveler-Watchman, an affidavit from the Town Clerk it was published on the Town Bulletin Board. No correspondence, no other information. SUPERVISOR COCHRAN: Would the Chairman of the committee like to address the Board? pg 2 -PH JOSEPH GOLD: I am Joe Gold, Chairman of the Land Preservation Committee, and I have an aerial photograph of the property in question. Since the Board has already seen it, I will place it facing the audience. As Councilman Moore stated this is agricultural property being purchased, the development rights being purchased by the Town under the Chapter 25 Farmland Preservation section of the Town Code. The Farmland Preservation Committee is very happy to be able to finally recommend this property for purchase. We have been negotiating for, I thlnk, over two years. First of.all, it is prime agricultural land. The parcel you see there in the center, which is bounded on two sides by Richmond Creek, consists of about thirty-six and a half acres of farmland, and it's ringed by another twelve and a half acres of Richmond Creek front, and road front. The farmland consists of Haven loam and Riverhead loam, which are the two grade farm soils in our area here, and it's very unusual to see them that close to salt water. This is a unique piece of farmland, and those of you who drive the Main Road know that it is part of the vista that you see as you come through that section, that open space on both .sides of the road. The committee is unanimous in recommending the purchase of the development rights to this land. The appraised value is slightly under $7,000 an acre, so the total purchase would be about $255,000. We've been working with the Peconic Land Trust on this property, because part of the property is not farmland or creek front. It's buildable lots, and Tim Caulifield from the Land Trust is here with us tonight, and actually Tim would like to say a few words. The Land Trust is going to purchase the entire property from the Fiore group. They are a group of investors from the South Fork, then the Town can purchase the development rights from the Land Trust. I'll let Tim explain that. TIMOTHY CAULFIELD: Tim Caulfield. I am with the Peconic Land Trust. I am also representing the current owners of the property, Fiore group. It's actually a partnership of six individuals who purchased property back in 1973, and they have held the property since that time basically for investment purposes, hoping at some point to sell it, probably to a developer, so they could get their money out of the property. Fortunately th.ey have been willing to work with the Trust to sell the property to the Trust at a bargain sale price, and that in effect has enabled us to work with the Town to sell development rights to the Town at a bargain sale price as well. Joe has already spoken about the conservation values of the property, but I think from our prospective one of the more important things is that it is, again, another good opportunity to have a public, private conservation effort, and really stretch the public dollars, that are limited, but available. The Board may recall earlier this year, we worked together on the Thornton-Smith property out in Mattltuck, and in that instance we were able basically to put the farm unit back together by working with the Town in purchasing the development rights. The Trust accepted a conservation easement on the balance of the property to protect the additional acreage through that method. In this case with the Fiore property we are not really able to protect additional acreage, but working together has enabled us to, in fact, bring the value of the property, which was out of reach for the Town, and the Trust, and. bring that value down to a level that was within our reach, and in effect enable us to sell the development rights to the town for about $6,900 an acre, which I think is the lowest price pg 3 - PH the Town has paid. So, we just wanted to add our appreciation to the Town Board for working with us again on this project, and unless there are any other questions, we urge the Town Board to move forward with the contract. Thank you very much. SUPERVISOR COCHRAN: We would like to thank you and Mr. Gold and the committee for the work they have done on this. It's a job well done. Is there anyone else who would llke to address the Board in relation to this? JODY ADAMS: I just have a question. You are going to be developing the waterfront? You are going to be selling the waterfront rights? JOE GOLD: What we propose to do is a limited development plan, where we protect most of the agricultural acreage on the lower portion of the creek front. There will be a limited development component, about eight acres. There will probably be two, maybe three units in that area. We will have to meet all the setback requirements. Again, it would be someone else doing that work. The person that we would be selling the property to, but in many instances limited development is really something that needs to be done. Farmers, in particular, need to have some equity left in the property. It's their livelihood. Sometime they need to borrow against the land. Sometimes it represents their retirement. Sometimes it's their college fund, and many of our plans when the value of the property is out of our reach, we incorporate limited development components to make it work. In this case we certainly will. The previous plan had thirteen units along the creek front. JODY ADAMS: They never did it. They never sold. Those properties are not selling. There is an adjacent very similar development, and it's not selling either, so I'm not sure this a very good idea. JOE GOLD: We are trying to take the long view here, and in some point in time we probably are assured that that would be developed. JODY ADAMS: Is there a scenic easement policy in the town of Southold? SUPERVISOR COCHRAN: Yes. JODY ADAMS: What is it? COUNCILWOMAN OLIVA: Reduction in taxes for the opportunity of having a very lovely scene. For instance in Orient, I believe, Captain Tuthill did or maybe he still does have the view going from the Latham Farm Stand right down to the creek, and he has a scenic easement, and that reduces taxes, provided he keeps it that way. JODY ADAMS: There's no mandate that you have to go X number of feet back from a waterfront to allow a visual, and all that kind of stuff? COUNCILWOMAN OLIVA: You have to build at least 75 feet back from the water, Jody. pg ~ - PH JODY ADAMS: Because this is going to be destroying Spring Lane, and it's view .of the pristine situation has been amazing. This will totally destroy it. That's all I have to say. JOE COLD: I'd just llke to close. I think sometimes we try to do more than we are permitted to do, We're talking about farmland preservation here, The Town is permitted only to buy development rights to land that is currently under agriculture production. That's the thirty-six and a half acres that you can see from the aerial photograph. It is in production. It has' two years now of potato crop. The fact that with working with the Land Trust they are able to limit the development, and that property around is a plus. It's an addition to what we're able to do under Chapter 25 of the Town Code on the development rights. That's a separate issue. What we're talking about here tonight is the purchase of development for the thirty-six and a half acres of farmland. This whole section has had two years of potato crops in it. It was plowed. JODY ADAMS: All the way up to the Main Road? JOE GOLD: Right to the Main Road, all the way down here. In 1995, 96 there were crops. JODY ADAMS: This is Wells over here, and this is sod, right? JOE GOLD: These are sod farms. This is Wells, this road here, and this had potatoes right up to the Main Road. SUPERVISOR COCHRAN: Please, direct your remarks to the Board. JODY ADAMS: Listen and you'll find out what we're talking about. SUPERVISOR COCHRAN: Thank you very much. It's very kind of you. JOE GOLD: Back to where we were, I would recommend the purchase of the development rights. As Tim mentioned this is a good price for some fine acreage, and we reco.mm, ednd it. to the Board. SUPERVISOR COCHRAN: We agree. Thank you. Is there anyone else who would like to address the Board on the purchase of the development rights, Anna Fiore and anothers? (No response.) Hearing none, we'll close the hearing. Judith T, Terry 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 RECORDS MAIqAGEMENT 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 NOVEMBER 26, 1996: WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights in the agricultural lands of Anna Fiore & others; and WHEREAS, the Town Board held a public hearing with respect to said acquisition on the 26th day of November, 1996, pursuant 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 proposed acquisition between the Town and Anna Fiore & others; now, therefore, be it RESOLVED that the Town Board here elects to purchase the development rights in the aforesaid agricultural lands owned by Anna Fiore & others, comprising approximately 36.5 acres, at a sale price of $6,925.00 per acre; said property located .at 42100-Main Road, Peconic, N.Y., Suffolk County Tax Map No. 1000-86-01-09; and be it FURTHER RESOLVED that the town Clerk be and she hereby is authorized and directed to give notice of such acceptance to Anna Fiore & others; and be it FURTHER RESOLVED that the Supervisor be and hereby is authorized and directed to execute any and all required documents for the acquisition of said development rights. Southold Town Clerk November 27, 1996 C L 0 S I N G E X P E N S E S PECONIC LAND TRUST (Fiore Property) to TOWN OF SOUTHOLD Premises: Main Rd (Route 25) west of Wells Road, Peconic SCTM #1000-86-1-9.3 37.2848 acres development rights easement Closing held: November 25, 1997 Purchase Price: Based on 37.2848 acres ~ $6925/acr¢ Payable to Peconic Land Trust, Inc. Check #45166 $258,197.24 Expenses of Closing: Appraisal Payable to David C. Wimpelberg, SRA $ 1,000.00 Title Fees Payable to North Shore Abstract, Ltd. Check #45168 $ 172.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 016140 PECONIC LAND TRUST, ~,~ JE Date Trx. Date Fund Account ............................ Begi ~1/25/1997 11/25/1997 Hi .8686.4.0 6/09/1998 6/09/1998 a .600 7/21/1998 7/21/1998 7/21/1998 7/21/1998 8/04/1998 8/04/1998 8/18/1998 8/18/1998 H1 9/01/1998 9/01/1998 a 9/29/1998 9/29/1998 10/27/1998 10/27/1998 11/24/1998 11/24/1998 12/08/1998 12/08/1998 12/08/1998 12/08/1998 12/08/1998 12/08/1998 12/08/1998 12/08/1998 A .600 H1 .600 H1 .600 .600 .600 A .600 A .600 A .600 A .600 B .600 B .600 H1 .600 .600 12/08/1998 12/08/1998 H1 ......................... Use Acti Select Record{s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : H-11251997-878 Line: 2 Formula: 0 : : Account.. H1 .8686.4.000.000 : : Acct Desc ADMINISTRATION, C.E. : : Trx Date ..... 11/25/1997 SDT 11/26/97 : : Trx Amount... 258,197.24 : : Description.. ANNA FIORI DEVELOP RGHTS : : Vendor Code.. 016140 : : Vendor Name.. PECONIC LAND TRUST, INC. : : Alt Vnd.. : : CHECK ........ 45166 SCNB : : Invoice Code. 112597 : : VOUCHER ...... : : P.O. Code .... : : Project Code. : : Final Payment P Liquid. : : Type of 1099. N BOX. Addl. : : Fixed Asset.. N : : Date Released 11/25/1997 : : Date Cleared. 11/30/1997 : : F3=Exit F12=Cancel : To: DAVID C. WIMPELBERG, SRA INVOICE David C. Wimpelberg, SRA Real Estate Appraiser 22 East Masem Square East Patchogue, New York 11772 Town Of Southold Office Town Clerk Town Hall, PO Box 1179 Southold, New York 11971 FileNo RLSH2 Invoice: February 12, 1996 Description Price Amount 2/12/96 . ATTN: Judith T. T~ry, Southold Town Clerk ~ppra~sal Services Rendered -Anna Fiore & Ors. 42100 Ma~n Road Peconic New York 11958 1,000.00 David C. Wimpelberg SRA- ID#067-32-8303 Totol: $ 1,000.00 2467 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014124 NORTH SHORE ABSTRAC iJE Date Trx. Date Fund Account ............................ Begi 2/09/1997 11/25/1997 H1 .8686.4.0 12/09/1997 11/25/1997 H1 .8686.4.0 Select Record(s) or Use Action Code : Trx Date ..... : Trx Amount... : Description.. : Vendor Code.. : Vendor Name.. : Alt Vnd.. : CHECK ........ : Invoice Code. : VOUCHER ...... : P.O. Code .... : Project Code. : Final Payment : Type of 1099. : Fixed Asset.. : Date Released : Date Cleared. : F3=Exit Disburs Inquiry by Vendor Name ............. Detail--GL100N .............. H-12091997-964 Line: 3 Formula: 0 : Account.. H1 .8686.4.000.000 : Acct Desc ADMINISTRATION, C.E. : 11/25/1997 SDT 12/11/97 : 108.00 : FIORI-37.2848 ACRES-DEED : 014124 : NORTH SHORE ABSTRACT, LT : : 45168 SCNB : 112597 : P Liquid. N BOX. N 11/25/1997 12/31/1997 F12=Cancel Addl. : GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014124 NORTH SHORE ABSTRAC JE Date Trx. Date Fund Account ............................ Begi 12/09/1997 11/25/1997 Hi .8686.4.0 12/09/1997 11/25/1997 H1 .8686.4.0 Select Record(s) or Use Action Code : Trx Date ..... : Trx Amount... : Description.. : Vendor Code.. : Vendor Name.. : Alt Vnd.. : CHECK ........ : Invoice Code. : VOUCHER ...... : P.O. Code .... : Project Code. : Final Payment : Type of 1099. : Fixed Asset.. : Date Released : Date Cleared. : F3=Exit Disburs Inquiry by Vendor Name ............. Detail--GL100N .............. H-12091997-964 Line: 4 Formula: 0 : Account.. H1 .8686.4.000.000 : Acct Desc ADMINISTRATION, C.E. : 11/25/1997 SDT 12/11/97 : 64.00 : FIORI-37.2848 ACRES-CONT : 014124 : NORTH SHORE ABSTRACT, LT : 45168 SCNB : 112597 : P Liquid. N BOX. N 11/25/1997 12/31/1997 F12=Cancel Addl. : R E C O R D E D D E E D '16969 ' Page / Filing Fcc ~/ ~ Mortgage Amt. EA-5217 (County) ~ Sub Total S~ JAs~it. Dual Town ~ Dual Counly Affidavit T~ansfcr T~ , Cenifi~ Copy . Mansion Tax R~. Copy ~ will bo lmprowd by a one or two family Sub Total dwelling only, ~"~ Real Prop.r,~ T.. Service ASeecy Veri.c.lio. ~ Tille Compan~ lnrorn,allo. ~0~ ~ ~ (~0~ PaycrsameasR&R__(orlfdtffemnt) , Suffolk County Recordin6 & Endorsement Page (SPECIFY TYPE OF I~STRUME~) SUFFOLK COHNTY, ~W YORK. In ~e VILLAGE ]l?~ J . or HAMLET of DEED OF DEVELOPMENT RIGHTS 7¢ THIS INDENTURE, made this 'k~ day of November, 1997 BETWEEN PEC;ONIC; LAND TRUST, a non-profit corporation, located at 296 Hampton Road, Southampton, 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 53095 Main Road, Town of Southold, County of Suffolk and state of New York, party of the second part. WITNESSETH That the party of the first part, in consideration of 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 DEVELOPI~IENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by Section 247 of the New York State General Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chepter 25 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 properties described in the attached Schedule A. 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 described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, insofar as the rights granted hereunder are concerned. TO HAVE AND TO HOLD the said DEVELOPMENT RIGHTS herein granted unto the party of the second part, its successors and assigns forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and 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 3 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. A greenhouse for agricultural production shall not be allowed except by permission of the Southold Town Board. 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 except as shown in the subdivision sketch plan prepared for.Peconic Land Trust, dated October 31, 1997. The word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. The party of the first part covenants and agrees that it will (a) not generate, store or dispose of hazardous substances on the premises, nor allow others to do so; (b) comply with all Environmental Laws; (c) allow party of the second part and its agents reasonable access to the premises for the purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement. This covenant shall run with the land in perpetuity. The party of the first part, its heirs, assigns and/or party or parties in lawful possession of the premises subject to this deed of development rights, pursuant to lease, license, or other arrangement, covenants and agrees that it shall indemnify and hold party of the second part and any of its officers, agents, employees, and, their respective successors and assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may arise out of (1) any inaccuracy or misrepresentation in any representation or warranty made by seller in this agreement; (2) the breach or non-performance of any covenants required by this agreement to be performed by the seller, either prior to or subsequent to,the closing of title herein; or (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by reason of a violation or non- compliance with any environmental law; or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of development rights. This covenant shall run with the land in perpetuity. In the event that the Town attempts to terminate, transfer, or otherwise divest itself of any rights, title, or interests of this deed of development rights without the prior consent of the Secretary of the United States Department of Agriculture and payment of consideration to the United States, all right, title, and interest in these development rights shall become vested in the UNITED STATES OF AMERICA, by and through the United States Department of Agriculture, its successors and assigns. IN WITNESS WHEREOF, the party of the first part has duly execute this deed the day and year first above written. PECONIC LAND TRUST E. Blair McCaslin, Treasurer STATE OF NEWYORK ) COUNTY OF SUFFOLK ) On the')'"~' day of November, 1997, before me personally came E. Blair McCasiin, to me known, who, being by me duly sworn, did depose and say that he resides at 63 Newman Avenue, Bridgehampton, New York, that he is the Treasurer of the Peconic Land Trust, the corporation described in and which executed the above instrument; and that he signed his name thereto by authority of the board of directors of said corporatiqt1~ DEDPLTFI.DOC O ' NO. 31..~o~ SCHEDULE ' Peconic Land Trust - Non-Developmenl Area at,Peconic, Town of Southold, New York S.C.T.M No,: 1000-86-1-P/O 9 ALL that cedain pl0t, piece, or parcel of lend, with the buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on Ihs westerly boundary line of rand now or formerly Robert K Simon and Elizabeth K. Simon, said point being situate the following three (3) courses and distances from the intersection of the southerly side of Main Road (N.Y.S. Rle. 25) and Ihs westerly side of Wells Road: .' South 40 deg. 27 min. 29 sec. West as measured along the soulherly side of Main Road (NY.S. Rte. 25) a distance of 206.55 feet, South 35 deg. 19 min. 29 sec. West still along the soulherly side of Main Road (N.Y.S. Rte. 25) a distance of 820.12 feet to the westerly boundary of land now or formerly Robert K. Simon and Elizabelh K. Simon, South 34 deg. 41 min. 41 sec. East along the westerly boundary of land now or formerly Robert K Simon and Elizabeth K. Simon a distance of 462.66 feet {o a point; RUNNING thence from said point of beginning South 34 deg. 41 min. 41 sec. East along land now or formerly Robert K. Simon and Elizabeth K. Simon, land now or formerly Elizabeth S. Mead, land now or formerly Richard Mead and Elizabeth Mead, land now or formerly Jennie Lee Pierce, land now or formerly Robert Ringold and Maureen Ringold, land now or formerly Norma Jean Mehrm@n, and land now or formerly John R. Mehrman and Norms J. Mehrman, a distance of 2253.11 feet to land now or formerly Chester H. Skwara and Joyce M. Skwara; RUNNING thence along land now or formerly Chester H. Skwara and Joyce M Skwara the following three (3) courses and distances: South 52 deg. 27 min. 09 sec. West 140.22 feet, North 73 deg. 06 min. 01 sec. West 74.93 feet, South 16 deg, 53 min. 59 sec. West 175.00 feet 1o the nodherly side of Wells Road; RUNNING thence North 73 deg. 06 min. 01 sec. West along the northerly side of Wells Road a distance of 341.71 feet to a point; RUNNING thence through land now or formerly Ann Fiore, Et. Al the following five (5) courses and distances: North 34 deg. 55 min. 31 sec. West 55.35 feet, along the arc of a curve to the left having a radius of 500.00 feet a distance of t90.20 feel, North 56 deg. 43 rain. 13 sec. West 360.50 feet, Nodh 49 deg. 58 min. 55 sec. West 332.54 feet, South 63 deg. 50 min. 23 sec. West 247.46 feet to the highwater mark of Richmond Creek; Page 1 RUNNING thence along the approximate highwater mark of Richmond Creek the following Iwo (2) lie line courses and dislances: 1. Nodh'24 deg. 43 min. 54 sec. West 329.08 feet, 2. Norlh 15 deg. 14 mi0. 53 sec. West 110.76 feet to a point; RUNNING thence North 72 deg. 14 min. 31 sec. West across Richmond Creek a di~,tance of 38.89 feet Io Reserved Area "D", Subdivision Map "Richmond Shores at Peconic" filed in the Office of the Clerk of Suffolk County as File Number 6873; ' RUNNING thence along Reserve Area "D", Subdivision Map "Richmond Shores at Peconic" the following three (3) courses and distances: 1. North 30 deg. 05 min. 21 sec. Wesl 115.00 feel, 2. Norlh 49 deg. 16 min. 59 sec. East 326.10 feet, 3. Norlh 27 deg. 41 min. 01 sec. West 521.50 feet to land now or formerly James C. McBurnie III a?d Joze McBurnie; RUNNING thence North 27 deg. 13 min. 11 sec. Wes~ along land now or formerly Ja,'~es C. McBurnie III and Joze McBurnie a distance of 252.35 feet Io lhe southerly side ol~ Main Road (N.Y.S. Rte. 25); RUNNING thence North 35 deg. 19 min. 29 sec. East along the soulherly side of Main Road (N.Y.S. Rte. 25) a distance of 22.54 feet to land now or formerly Thomas P. Grallan and Dale E. Grattan; RUNNING thence South 27 d~g. 13 min. 11 sec. Easl along land now or formerly Thomas P. GraUan and Dale E. Graltan 146.00 feet to a point; RUNNING Ihence Ihrough land now or formerly Ann Fiore, Et. Al the following Iwo (2) courses and dislances: South 27 deg. 13 min. 11 sec. East 123.69 feet, North 55 deg. 59 min. 04 sec. East 554.13 feet to the weslerly line of land now or formerly Robert I(. Shnon and Elizabeth K. Simon and the point or place of BEGINNING. CONTAINING an area of 37.2848 Acres. Page 2 P R O P E R T Y R E C O R D S 2004 Suffolk County Tax Map COUNTY OF SUFFOL ~Real Property fox Service SOUTHOLD O86 File View Toolbar Help i8G -1-9 3 ]73889 Southold Active RTS~]/School: ~,ou~l Pellegmini pecOrqc Uc =~:Rol[Year: ~ CmrY~ Land ~ight= n~r :~' To[al. 1 Ta~able Value Mi~eiia~US N~'~ Pell~gfi~i Pe~6n ~ LLC ?u?t~: ?~ BooK: 11903 School 20 Mo g Street. 23005 Main Rd ~0 Bo~: Bank: Ci(y:~ : Cut6h~gUe. N~ Zip: 11935- Schiafler~ar: 200; AcctNo ~ale Tote: 0 5 te 1 of 1 .: Land. 0 0f 8 3ook Page SaleDate SalePrce Owner Prpcls: Land rights -; Nbhd Cd:O ,?¢ : SeWer: ~ ~ .=~'=-- ~:;~ ¢ ;:~o~1 1 ': ~. ~u dng w 'Toe' '0 ~1728~6DIST ¢ ?~; _~:: 4;500 O: ..... ~ ImproWment? Total: ~ .: Spec a O[st.ct :,T~: ;3 V4ue / ~ Cede : ~it~~: Pct Type :'~eTax ~ ryp~ N~me Dim1 Bim2/SQF~Yt~uiIL:: p m:n ~,~ :~,,:~i,~, d :~!~ ~ ~K - Inbox - Fi crosoft Out:look . I II e OWNER TOWN OF SOUTHOLD PROPERTY RECORD CARD VILLAGE T ~T-R'EET TYPE OF BLD. PROP. CLASS FRONTAGE ON WATER I FRONTAGE ON ROAD DEPTH BULKHEAD ,TILLABLE WOODLAND MEADOWLAND HOUSE/LOT TOTAL E .,The S.~lf[oJk ,Times o, 'Nqvember 2.0, 1997.. -Preservation Plan Revving Up After 12-year gas cleanup project, Pecon c deal is in gear at last ~, Tim K.dhr PECONIC---It usually ~sn't w~k ~ way, but ~e :'~ ~ took a ~jor step ~ward completing another ~ ~[e~ation project ~t week by a~g~g ~ ~ won t ~ ~e ~ or ~e Pe~ ~ ~d ~e ~t w~'t sue ~e to~ or ~e ~nd0~e~, w~ w~ s~ ~o t~nor ~e tm~.. ~ ~y not ~em to ~ ~ of ~e pm~ o~ k~p- but it w~ n~ to ~[ve a jolt public ~d prlv~ ~ ho~ ~ ~h~ ~ ~d ~ Ma~ Road ~;~2 year. It from a Somewhere on the north side 'of the Main ~pill have been detected on the of investors headed by Anne Environmental Conserva- gas seeped out of old fuel tanks ago from the town highway de- yard just north of thc property. in a case that remains unre- across the street from an gas station. vehicles and fuel tanks the town may not be but it does object'to being percent liable, said Town Attorney Laury :; ~?~ ~tate Says It's OK ~tro~.eum removal system has been m place t~him] °~ ~6f tl~ barns fo~ about 12 years. Since the Suffolk Times photo by Ju~ly Ahrons GIVING VENT--The vent on the subject property in Pec0nic has now diffused the gas spill to the state DEC's satisfaction. land is the site of a fucl spill cleanup, the sale could not bc completed without a liability release from the state and an agreement among the preservation partners that they also will not engage in future litigation, said Land Trust vice president Tim Caufield. "When there's a spill and a cleanup, the state reserves the right to go after anyone who may be even partially involved," Mr. Caufield said. "We had a long and difficult time in getting the state to say the Fiore property was not involved in this." See Cleanup, page 33 which per~iisAh~i~o'~ O~o%S~ a group of investors ~iV¢ ~igaiflcant ~ breaks.. ~ !This is another go~d!dl~l ;for the town to Consider? ~ ~g;~,~ gl ;, We really feelthat~bi~6fco~ servation on the North Fork is a matter of public and private cooperation. The driving forCe behind it is private land Owners choosing this alternative." Preservation was not a priority for a previous Owner's group. Richmond Creek Associates, which 'bought the farm dur!ng the 1980s .deVelopment boom, filed Plans to carve the land, which is vacant eXCept for one small house and several barns, into 42 house lOts. But before it received subdi- vision approval, the group defaulted on a $896,000 mortgage ahd lost title in 1993. Further Protection In buying the farm development rights, the town also agreed to a Land Trust cOnservation easement. That al- lows the farming use to continue but prohibits Some intensive agricultural uses, such as covering most of the land .with greenhouses. Similar easements are m place on the former Thornton smith farm in Mattituck, an earlier joint Peconic Land Trust-Southold Town preservation project. "It's not enough to simply sterilize property,' Mr. Caufield said. "We have to develop a use plan to ensure its Con- tinued operation as an agriCUltural busl- ness." The Land Trust worked out a similar arrangement for the preservation of the See Trust, page 39 10 with the rest held by owner who has the one new home. The development vision. Mr..Caufield the- town highwa.. Peconic Lane or gas station reached been removed by the state The town recently received a legal indemnification from the state allowing the sale, which had been stalled for a year. The gas found in a farm W~II has been removed. Mr. Caufield said he expects the state Department of Environmental COnser- vation's involvement with the property m end in the near future. Land Trust Lands Another Richmond Creek - package will yield 3lots on 38 acres ByTim Kelly ': ~~ne more farm has been l~r0~ from residential develOpmen~ ~Nov~ 25, the Peconic Land Trust ~9i000 for a SO'acre parCe! suu~ Of Lh~ Main Road here andat that h~g' .~ e~cd the development ~ S · ~ to SoU~hoid Town for $262,200~ The m~st plans tofind a buyer for that agricultural acreage, perhaps for a vine. ~azdaud w~ne~y, and will subdivide nine ~ecember 4, 1997 · The Suffolk Times · 21 Suffolk Times photo by Judy Ahrens T&RG~'r~D--A house and barn currently stand at the Peconic property acquired in the Land Trust deal. Cleanup... From o~ago 6 Mr. Caufield called thc end of the le- gal dispute "great news. We've been waiting to do this one for a long time. It's a great farm property and now its going to be kept as a viable agricultural unit." With the legal problem now resolved, title could change hands in a matter of weeks, he said. The land, which includes a Main Road house and several barns and about 1,000 feet of Richmond Creek shoreline, is the site of a failed 42-1ot 'subdivision approved during the last land boom in the 1980s. Richmond Creek Associates never completed the environmental review process before defaulting un an $896,000 mortgage and losing title in 1993. At that time the land was under one- crt,/, split ~ff. ~hre~ w.at.etT~ont lots and sell the ~el~nt rights to thc farm- land iO tlie-t6~n. That ProPerty then would be sold to an agricultural buyer, perh~a,p? for a Vineyard. While ~deelining to discuss the amount the trust is to pa}, for ~he site, Mr~ Cau- field said it's significantly below market value. By selling at a bargain price to a not~for-profit agency, the ow~lers may claim tax reductioa~ not otherwise avail- able. The preservation effort would be the Land Trust's first since it joined the town and county and a conservation buyer in the acquisition of the historic Fort Corchaug site in Cutohogue. That buy will limit new construction on the 103 acres there to just one new home. 2 0 0 9 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 (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 9, 2009 Jens Ruthenberg, Vineyard Manager Pellegrini Vineyards 23005 Main Road Cutchogue, NY 11935 Re: SCTM #1000-86.-1-9.3 Pelligrini Peconic LLC Request for deer fencing on property with Town Development Rights Easement Dear Mr. Ruthenberg: The Land Preservation Committee members, in accordance with Section 70-5 C. (2) [3] of the Town Code, reviewed the request you outlined in a letter dated December 3, 2009, with a plan for installing deer fencing on the above mentioned property. Your request is for the installation of deer fencing that will meet the standards and specifications of the USDA Natural Resource Conservation Service #328 - FENCE - Woven Wire Deer Fence Control. The recorded easement on your property restricts the use of the property for the purpose of agricultural production. Agricultural production is defined within the easement to include fences used for agricultural purposes. 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. The Land Preservation Committee reviewed and approved your request for the placement of the above-mentioned deer fencing within the development rights easement area, subject to meeting all applicable Town Code requirements. The Committee's approval does not mean that you can proceed with the installation of the fencing. The Committee's approval only allows for you to proceed with pursuing any applicable approvals that are required by Town Code. If you have any questions regarding the above, please call me. Sincerely, Melissa Spire Land Preservation Coordinator MS/md enc: landowner's formal request cc: Building Dept. w/enc. TO ~h6~ it ~fi~ bDncern H0r i[ ,I dlike to be put on the agenda for the next town meetin§. peii~ih[ ~0fii~ I_t_C, would like to install a deer fence on Section 05~ (property map) meet the standards and specifications of the USDA Natural R~g6fi~ ~B~ation Service #328 -F~NCfi- Woven Wire Deer [ence Control. f ~ ~:V~ ~9 ~estions feel free to call mo. Regards, Dec. 3, 2009 Jens Ruthenberg Vineyard Manager Pellegrini Vineyards Tel. 917 699 7732 DEPT. OF LAND PR[SERVAT!ON P.S. Please find the attached map of the property and the specifications. 42000 main Road southold NY - Google Maps ~ Address C,o( gl¢ maps Page Iofl To see all the details that are visible on the screen,use the "Print" link next to the map, http://maps.google.com/maps?hl=en&tab=wl 12/8/2009 A E R I A L S 2001 Aerial PECONIC LAND TRUST to TOWN OF SOUTHOLD 37.2848 acres development rights easement (Fiore Property n/k/a Pellegrini) Rt 25 west of Wells Rd, Peconic S U R V E Y WELLS ROAD .A. S 34'41'41" E -- --x'~/EDGE OF CULTIVATED FIELD Robert K. now or formerly Simon & Elizabeth K. Simon L o ._u :~ now or formerly Jennie Lee Pierce 2904.83' 2715.7T EDGE OF CULTIVATED FIELD Young & Young, Land Surveyors PROPERTY LINE AS DESCRIBED IN DEED ANN FIORE, ET AL LIBER 7444 CP. 385 DATED JUNE 6~ 197J AREA = 49.2091 ACRES now or fOrmerly Thomas p. Orattan Dale E. Oratton --1 S2 7'15'11 "E \ WOODS now or fOrmerly ~ ~ James& dozeC' MC~urnieMCSurn/e III now or fOrmerly \ SubdivisionS. C_ REC F~ealty Co. Surf.R~chm°nd Shores ~ Co. File No. At Peconic" 68 73 115.0 N 50'05'21" W EARTH ROAD CULTIVATED FIELD SCATTERED BRUSH & TREES W 226.46' W N 32'49'20" W N RICHMOND CREEK NOTES: 1. · - MONUMENT FOUND, ~ - PIPE FOUND 2, MONITOR WELLS NOT SHOWN HEREON. 5 <)- = UTILITY POLE SITE DATA: 1 TOTAL AREA ~ 49,5~94 ACRES 2 ZONING USE DISTRrCT' R-80 SURVEY FOR: PECONIC LAND TRUST, INC. At: PECONIC Town of: SOUTHOLD Suffolk County, New York Suff Co Tax Mop; ~1000, 86 CERTIFIED TO: PECONIC LAND TRUST, INC, BRIDGEHAMPTON NATIONAL BANK LAWYERS ~TLE INSURANCE CORP, TOWN OF SOUTHOLB .NOV. 20, 1997 :NOV 18, 1997 :NOV, 10, 1997 DATE :MAY 2, 1997 SCALE :1"=100' JOB NO, '96 - 0883 SHEET NO.:I OF I ~ I (PE96088S.DWG) MAP NO, 64H pECON WELLS ROAD /3ow or form( Thomos p. Grattan Dale E. Orattan ?r ~EST HOLE NO. 1 LOAM LOAM SANE) & GRAVEL SAND & LOAM LOAM COARSE SAND now or formerly Robert K. Simon & Elizabeth S 34'41'41" E D~LOPMENT AREA Are~, = 4,0000 Acres S27'13', 110 130 122 10¸4 ~ ; WOODS d~--~ formerl3~t ~ ..... ~ SubdivisiOn ,, .~ _ - .-- ' No. 6875 Simon 102 ¢ 2904.83' 2255.11' EDGE OF CULTIVATED FIELD Lot 4 ' Totol Area=41.6252 1D6 + NON-DEVELO?,M~NT AREA .................. ~ DEVELOPMENT_RJ~-bTCff TO BE CONVEYED TO OF SOUTROLD Ar~o 437,6252 Acres 10,6 10,2 CULTIVATED FIELD 93 ../EARTH ROAD ,Lot 3 W N 41'5 Ac, < ._c ~' /, ~ / now or formerly ~c / -,. Jennie Lee Pierce o~ ~ ~ ~ / I o~ ~'b ...' / -.,_,%. N 30'05'21 ;'~W "-... LIBER 6308 CP. 503 DATED FEB. 7, 196B ~ PROPERTY LINE AS DESCRIBED IN DEED ~ .... - -~ i2 _ ANN FIORE, ET. AL LIBER 7444 CP. 385 .D~.I~D JUNE 6, 1e)73 Lot 2,..~ :2.6229 Ac, \ j Lot 1 1=2.8926 Ac. 226.46' N 32~49'20'' W WARD LiMiT OF ~oAt LAND ETERMINED WETLANDS AS~UNG By YOUNG N CREEK ' Young & Young, Land Surveyors 400 Ostr~naer,4venue, Riverhe~d, Ne~ York 11901 'Ir 516-727-2303 LOCATION MAP SCALE: 1"=600' SITE DATA: 1, TOTAL AREA = 48.5~94 ACRES 2. TOTAL NO. OF LOTS = 8. ZONING USE DISTRIC~ NOTES: 1. · = MONUMENT FOUND, ~ = PiPE FOUND 2. MONITOR WELLS NOT SHOWN HEREON, 8. ~g- = U~LITY POLE SUBDIVISION SKETCH PLAN PREPARED FOR: PECONIC LAND TRUST, INC. At: PECONIC ~c, Town of: SOUTHOLD Suffolk County, "New York Surf. Co. Tax Map; i1E)O°i 86 i 1 i g :0C% 31, 1997 DATE :OCT. 22, 1997 SCALE :1"=100' JOB NO. :96 - 0883 SHEET NO.:I OF 1 (96DE)85SP.DWG)