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HomeMy WebLinkAbout1000-75.-6-7.3~OBE:RT J. ClMINO COUNTY OF SUFFOLK ROBERT J. GAFF'NEY SUFFOLK COUNTY EXECUTIVE: October 29, 1997 DEPARTMENT OF' LAW Victor Lessard, Prin. Bldg. Town of Southoid 53905 Main Road Southold, New York 11971 Insp. Re: SHO-950 - Timothy Coffey Tax Map No. 1000-075-06-007.3 p/o SUFFOLK COUNTY FARMLAND PRESERVATION PROGRAM, Dear Mr. Lessard: PHASE III We enclose herewith the following: Copy of deed for Development Rights, recorded in Liber 11828, Page 197. Survey of lands for which Development Rights are owned by Suffolk County. Copy of County Local Law 16-81. Please take notice of the enclosures. Inasmuch as the County is now the owner of the development rights to the property identified in the survey enclosed, we strongly request, respectfully, that no building permits be issued for any development whatsoever except and only after the Suffolk County Select Com~aittee on Agriculture has consented to the application in advance. DPF:BS:gvs Enclosures (4955) ~ truly yours, ---, Division of Real Estate pc: Stephen M. Jones, Director, Planning Department Gerry Goehrin~er, Rental/Inventory Unit Richard J. LaValle, Chief Engineer, DPW (w/Deed) Judith Terry, Town Clerk Scott Russell, Town Assessor (w/Survey) Valarie Scopaz, Town Planner NOV 17 ROBERT J, CINIINO COUNTY ATTORNEY COUNTY OF SUFFOLK ROBERT J. GAFFNEY BUFFOLK COUNTY EXECUTIVE June 5, 1997 DEPARTMENT OF LAW DIVISION OF REAL ESTATE Victor Lessard, Prin. Bldg. Insp. Town of Southold 53905 Main Road Southold, New York 11971 Re: SHO-950 - Timothy Coffey Tax Map No. 1000-075-06-007.3 p/o Suffolk County Farmland Preservation Proqram, Phase III Dear Mr. Lessard: We enclose herewith the following: 1. Copy of deed for Development Rights, recorded in Liber 11828, Page 197. 2. Survey of lands for which Development Rights are owned by Suffolk County. 3. Copy of County Local Law 16-81. Please take notice of the enclosures. Inasmuch as the County is now the owner of the development rights to the property identified in the survey enclosed, we strongly request, respectfully, that no building permits be issued for any development whatsoever except and only after the Suffolk County Select Committee on Agriculture has consented to the application in advance. DPF:DMK:gvs Enclosures (4701) Very truly yours, \ U n_ David P. Fishbein, Director Division of Real Estate pc: Stephen M. Jones, Director, Planning Dgpartment Wayne R. Thompson, Rental/Inventory Unit Richard J. LaValle, Chief Engineer, DPW (w/Deed) Judith T. Terry, Town Clerk Scott Russell, Assessor ~~~T6~ Planner'~ SOUTH,JLO PLAHNING BO,~RD SHO-950 DISTRI, 1000 SECTION 075.00 BLOCK 06.00 LOT p/o 007.003 DEED of DEVELOPMENT RIGHTS BETWEEN TIMOTHY COFFEY, residing at No Number Route 25, Southold, New York 11971, party of the first part, AND the COUNTY OF SUFFOLK, a municipal corporation having its office and principal place of business at County Center, No Number Center Drive, Riverhead, New York, party of the second part; WITNESSETH that the party of the first part, in consideration of ONE HUNDRED TWENTY TWO THOUSAND NINE HUNDRED AND ELEVEN 20/100 ($122,911.20) 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, T~E DE~-ELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by §247 of the New York State General Municipal Law, as amended, and Local Law 16-1981 of the County of Suffolk, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is defined in Local Law 16-1981 of the County of Suffolk, and the right to preserve open space as that term is defined in §247 of the New York State General Municipal Law, as amended, 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: ALT. that certain plot, piece or parcel of land, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the Southerly side of Main Road (N.Y.S. Route 25) said point being situate North 60 degrees 40 minutes 24 seconds East, 52.09 feet from a monument found marking the Northeasterly corner of land now or formerly Helen Elak et al; RUNNING THENCE from said point of beginning, minutes 24 seconds East along the Southerly (N.Y.S. Route 25) 190.00 feet to a point; North 60 degrees 40 side of Main Road, THENCE through land now or formerly of Timothy Coffey, the following two (2) courses and distances: 1. South 10 degrees 41 minutes 07 seconds East, 243.26 feet; 2. North 79 degrees 18 minutes 53 seconds East, 274.69 feet to land now or formerly of Joel D. Lauber and Margaret S. Lauber: T~ENCE South 10 degrees 41 minutes 07 seconds East along land now or formerly of Joel D. Lauber and Margaret S. Lauber, 524.97 feet to a monument found; THENCE North 7~ degrees 12 minutes 24 seconds East still along land now or formerly of Joel D. Lauber and Margaret S. Lauber, 62.02 feet to a monument found; THENCE South 11 degrees 52 minutes 40 seconds East still along land now or formerly of Joel D. Lauber and Margaret S. Lauber, 861.70 feet to a stake found and land now or formerly of Stanley Freedner and Doreen Freedner; THENCE South 78 degrees 07 minutes 20 seconds West along land now or formerly of Stanley Freedner and Doreen Freedner, 444.97 feet to the Easterly side of a 50 foot right of way; THENCE along the Easterly side of a 50 foot through land now or formerly of Timothy Coffey, (5) courses and distances: right of way and the following five 1. North 15 degrees 25 minutes 28 seconds West, 207.14 feet to a point; 2. North 14 degrees 10 minutes 28 seconds West, 574.16 feet to a point; 3. North 15 degrees 47 minutes 28 seconds West, 184.64 feet to a point; 4. North 12 degrees 12 minutes 28 seconds West, 274.80 feet to a point; 5. North 13 degrees 02 minutes 25 seconds West, 334.89 feet to the Southerly side of Main Road (N.Y.S. Route 25) and the point of place of BEGINNING. BEING AND INTENDED to be part of the same premises conveyed by deed from Mohring Enterprises Inc., dated December 10, 1985, recorded January 10, 1986, Liber 9953, cp 119. TO ~{AVE AND TO HOLD the said Development Rights in the premises 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 the heirs, legal representatives, successors and assigns of the party of the first part, to use of the premises on and after the date of this instrument solely for the purpose of agricultural production. The development rights conveyed herein are subject to the further terms and provisions as set forth in a certain contract of sale between the parties hereto dated October 22, 1996 as the same is recorded in the office of the Suffolk County Clerk in Liber 11800 cp 43, portions of which as contained herein have and will survive the delivery of this instrument of conveyance. 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 will not remove any soil from the premises described herein. 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 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; © 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 is 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. The word "party" shall be construed as if it read "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. STATE OF NEW YORK) COUNTY OF SUFFOLK) came individual described ~n and instrument, and acknowledged that 19 ?7, before me personally to me known to be the w~f executed the foregoing executed the same. Notary Public: ~t~te~f New Yor~ ~uallfl~d In Nassau ~unty Term Expire8 Juno 22, 19~ RECORD & RETURN TO: David P. Fishbein, Director Division of Real Estate Department of Law 158 North County Complex Hauppauge, New York 11788 ]'1828 PC197 t21 _ Number of pages Z~ $ ' , , REAL ~-STATE "',' ',: ~ TORRENS ' : Serial# MAY 0 1 1~ , ' '; ~: TRANSFER TAX ,, co Certificate # SUFFOLK Prior Cfi. # I COUNTY_ , i 33461 Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 4 I FEES Page / Filing Fee ~- y z~ tv~ ~"]' Mo.gage Amt. Handling 1. Basic Tax TP-584 2. Additional Tax Notation Sub Total EA-5217(County) __ SubTotal __ Spec./Assit. or EA-5217 (State) Spec./Add. R.P.T.S.A. /~- -~ ~ TOT. MTG. TAX Dual Town __ Dual County __ Comm. of Ed. 5.00 I , Held for Apportionment __ Affidavit ~i ~ '* ' Transfer Tax Certified Copy Mansion Tax The property covered by this morlgage is or Reg. Copy ._ will be improved by a one or two family Sub Toh~l dwelling only. Olher YES or NO GRAND TOTAL ~ If NO, see appropriate [ax clause on page # _o£ this instrument. ~ ~[.... Real Property Tax Service Agency Verification : 6 Title Company Information '~ 007 .... ~ '-. Dist. Section Block Lot , : "~* .'. Advantage Title Co. p/o ~n~!:'f' I 0 0 0 0 7 5.0 0 0 6.0 0 .0 0 3 Company Name D~d3°/~ 96-AS-12202 s~ Title Number lnitia -k EPAiDB¥: Dav±d P. F±shbe±n, Director /V Cash ~Check Charge Surf'. Co. Div. of Real Estate -- l! Payer same as R & R 158 N. County Complex /I.... (orifdifferent) -- Veterans Memorial Highway Hauppauge, NY 11788 ~1~A~E: ~| ~10 New Y~r~ Ave,~e. S~ite 202 ~ ~1 ADDRESS~ Hunhn~on NY 1174't-24.'t? RECORD & RETURN TO 7(ADDRESS) Suffolk County Recording & Endorsement Page This page forms part of the attached Bargain & Sale Deed with Covenants madeby: (SPECIFY TYPE OF INSTRUMENT) The premises heroin is situated in TIMOTHY COFFEY SUFFOLK COUNTY, NEW YORK. TO In the Township of Southold COUNTY OF SUFFOLK In thc VILLAGE or HAMLET of Peconic BOXES 5 THRU 9 MUST BE TYPED OR PRD~FED IN BLACK INK ONLY PRIOR TO RECORDING OR PUMNG. RESOLUTION NO. 285-1981, ADOPTING LOCAL LAW NO. 16-1981 A LOCAL LAW RELATING TO THE ACQUISITION O~ DEVELOPMENT RIGHTS IN AGRICULTURAL LANDS WHEREAS, there was duly presented and introduced to this County Legislature, at a regular meeting held on March 10, 1981 a proposed local law entitled, "A LOCAL LAW RELATING TO THE ACQUISITION OF. DEVELOPMENT RIGHTS IN AGRICULTURAL LANDS," and said local law in final f~rm is the same as when presented and introduced; now, therefore, be it RESOLVED, that said local law be enacted in form as follows: LOCAL LAW NO. 16 YEAR 1981, SUFFOLK COUNTY, NEW YORK LOCAL LAW RELATING TO THE ACQUISITION OF DEVELOPMENT RIGHTS IN AGRICULTURAL LANDS BE IT ENACTED BY THE COUNTY LEGISLATURE OF SUFFOLK as follows: Section 1. Repeal Local Law No. 19-1974, Local Law No. 18-1976, Sections 1 through 5, and Local No. 2-1978 are hereby repealed. Section 2. Legislative Findings a) The State of New York, by various legislative enactments has emphatically stated it to be a most important state policy to conserve and protect and to encourage the improvement of agricultural lands, both for the prod~ction of food and the preservation of such lands as valued natural and ecological resources. It has further stated that the expenditure of County funds to acquire legal interests and rights in such lands is in furtherance of such policy and is a proper expenditure of public funds for public purposes. b) The County is in complete accord with such policy and this local law is intended to indicate generally the p~ocedures which will be employed by the County in its pursuit of its goal to protect and conserve agricultural lands, open spaces and open areas. Section 3. Definitions a) "Agricultural Lands" shall mean lands used in bona fide agricultural production. b) "Agricultural production" shall mean the production for commercial purposes of all those items and products as defined in N.Y.S. Agriculture and Markets Law, ~30t as constit~ited on the effective date hereof. c) "Development ~ight" as authorized by ~247 of the N.Y.S. General Municipal Law, as amended, shall mean the permanent legal interest and right to ~ permit, require or restrict the %lse of the premises exclusively for agricult~ral production as the term is presently defined in 3301 of the N.Y.S. Agriculture and Markets Law, and the right to prohibit or restrict the use of the premises for any purposes other than agricultural production. d) "Interest or right" in real property shall include all legally recognized interests and rights in real property other than fee simple. e) "Structure" shall mean anything constructed or erected which requires location in, on, or under the ground, or attachment to something having a location in, on, or under the ground including fences. f) "Alienation" shall mean the transfer of any development right in real property from suffolk County to another. Committee. "Committee" shall mean The Suffolk County:Farmland Section 4. Procedures a) When authorized by the suffolk Counly Legislature, the County Executive shall solicit offers for the sale of development rights in agricultural lands to the County. Following receipt of such offers, the County Executive shall cause an appraisal of the market value of such development rights to be made. After a report on the matter by the County Executive to the County Legislature, the County Legislature shall hold a public hearing on the question of the acceptance of one or more of such offers. Said hearing shall be held upon such notice given in such manner as the Legislature may determine. b) within thirty (30) days after such public hearing, the County Legislature shall make a decision upon the matter of such offers. Section 5. Alienation of Development Rights a) Unless authorized by local law recommended by the Committee and approved upon mandatory referendum, development rights acquired by the County in agricultural lands shall not be alienated in any manner. b) In determing whether to recommend the alienation of development rights, the Committee shall take into consideration {1) the continuing practicality of the use of the remainder fee of lands, (2) the development rights which have been acquired by the County, (3) such factors as the uses to which adjacent lands have been pllt, and (4) the necessity for the use of the lands for another governmental purpose. Section 6. The Suffolk County Farmland Committe~ a) The Committee is hereby constituted as a continuing Agency of Suffolk County Government. b) It shall consist of 19 members, 9 of whom shall be appointed by the County Executive with the approval of the County Legislature, and serve a~ the pleasure of the County Executive; and the other 10 shall be designated one from each Town within the County~ and serve at the pleasure of the respective Town BCards. c) The designees of the the Clerk of the County Legislature respective Towns. Towns shall be certified to by the Town Clerk of the d) The Chairman of the Committee shall be designated by the County Executive and serve at his pleasure. e) The Committee shall have the authority: (1) to recommend to the County Legislature the lands which may be acquired for development rights, (2) to review requests to subdivide the remainder fee of lands and to thereafter make a recommendation to the Legislature whether such request be granted, (3) to review any matters relevant to development rights and the agricultural economy in general, (4) to serve as a review board for the granting 'of permits for the construction or erection of structures on those propeFties covered by the development rights, and (5) to promulgate such rules and regulations as may be necessary to carry out the intent of this local law and to govern administration and functions of the Suffolk County Farmland Committee. Section 7. Conflicts a) Notwithstanding the provisions of any special law, charter law, local law or resolution which may be inconsistent herewith, in whole or in part, this local law shall in all respects control in the matter of the acquisition or alienation of development rights in agricultural lands. DATED: March 24, 1981 APPROVED BY: County Executive of Suffolk County after hearing duly held April 6, 1981, Date of Approval: Filed with the Secretary of State on April 20, 1981. a public !4/14/81. PLANNING BOARD MEMBERS Richard G. Ward, Chairr~an George Rltchle Latham, Jr. Bennett Orlowsk/, Jr. Mark S. McDonald Kenneth b. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Superv/sor Town Hall, 53095 Main Road P, O, Box 1179 Southold, New York 11971 F~ (516) 765 - 1823 October 12, 1993 Randall Parsons Peconic Land Trust 30 Jagger Lane P.O. Box 2088 Southampton, NY 11969 RE: Coffey Farms SCTM~ 1000-75-6-7.3 Dear Mr. Parsons: The Planning Board reviewed your letter of September 16, 1993 in regard to the sale of the development rights on part of the above mentioned parcel at their work session. The parcel is located in the Agricultural-Conservation (A-C) District. The area shown as proposed Lot Number 1 meets the minimum requirements of the A-C District. As you know, the sale of the development rights on part of the parcel does not constitute a subdivision of the property. Mr. Coffey must make an application before the Planning Board if he wishes to subdivide the property. Please contact me if you have any questions regarding the above. Sincerely~, M~Spi~o Planner PECONIC LAND TRUST 30 Jagger Lane, P.O. Box 2088, Southampton, NY 11969 (516)283-3195 Fax:(516)2834237~ September 16, 1993 Melissa Spiro, Planner Town Hall Main Road Southold, NY 11971 RE: Coffey Farm Dear Melissa: Pursuant to our telephone conversation, enclosed please find a sketch of the proposed set-off of an 80,000 square foot parcel at the Coffey Nursery in Southold. Although Tim Coffey, the owner of the property, is not applying at this time to divide the property, we need to submit a drawing to the County to delineate the acreage on which Tim is willing to sell development rights. The enclosed sketch is a proposed division which would be implemented at some point in the future if the proposed sale of development rights on parcel 2 takes ~lace. We would like to ascertain at this time, that the drawing meets the Southold Code requirements for a set-off lot. Thank you for your attention to this matter. Should you have any questions or concerns, please do not hesitate to contact me. Enc. cc:Tim Coffey Tim Caufield RTP/rp SEP I) 1993 LASER FICHE FORM SUBDIVISIONS Project Type: Set Offs Status: Incomplete SCTM #: 1000- 75.-6-7.3 Project Name: Peconic Land Trust/Coffey Farm Location: s/s/o NYS Rt. 25, Peconic Hamlet: Peconic Applicant Name: Timothy Coffey Owner Name: Timothy Coffey Zone 1: Approval Date: ~/~c~ ~7~r'6>~/e_l~ PLAT Si.qned Date: OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: C and R's' Homeowners Association · R and M A,qreement: Address: County Filin,q Date: Zone 3: SCAN Date: SCANNED JU~I - 5 2009 Records Management now or formerly Joseph Fr/stachi & Angela Fristachi now or formerly I AIvon H. Terry I S 10'~635 E Parcel 1 12 To ~e RetaJeed By 6wner I~ Area=80000 s.f.i or 1.8565 Acres~ I E N 13'02'25" W 334.89' W^LL N 13'02'28" W 319.9~ now or formerly Helen Elak et. el. 524,B7' ~ee & SHRUB NURSERY '--~ N 12q2'28" W 274.80' N 12q2'28" W BARN ~ Z now or formerly Joel D. S 11'52'40" E Le~ber & Margaret S. Lauber 691.06' Parcel 2 Area : 15.3639 Acres OPEN FIELB 574.18' 50' Right of Way 200.00' 200.00' 276.00' 185.50' N 15'4T28" W N 14"10'28" 574 now or formerly Helen Elak et. al. '~- - Parcel 3 To Be Retained By Owner Area = 1.7996 Acres 861.70' ~-%r.-N 15"25'28" W 207.14' 204.59' N 15'25'28" W ~5' Rlgh[ of Way Young & Young, Land Surveyors REPUTED OWNER: TIMOTHY COFFEY REFERENCE: DEED: LIBER 9955 PAGE 119 ParCEl PARCEL 1 OWNERSHIP AREA TO SE RETAINED BY OWNER 1.6565 ACRES PARCEL 2 DEVELOPMENT RIGHTS TO BE 15 3639 ACRES AQUtRED BY THE COUNTY OF SUFFOLK PARCEL 3 TO BE RETAINED BY OWNER 1.7996 ACRES TOTAL AREA 19,0000 ACRES NOTE: 1. ·= MONUMENT FOUND 2, ·= STAKE FOUND ~. TOTAL AREA = 19,0000 ACRES SURVEY FOR: SUFFOLK COUNTY FARMLAND PRESERVATION PROGRAM At: PECONIC Town of': SOUTHOLD Suffolk County, New York Surf. Co. Tax Mop: ~ 1000 i 75 i 6 .~ 7.3 CER~FIED TO: COUNTY ** RANCE COMPANY APR. 25, 1997 JAN. 28. 1997 DEC. 19, 1996 DATE :DEC. 2, 1996 SCALE ;1"= 100' JOB NO. :96-1023 SHEET NO.:I OF 1 (scg61025. DWO) 50456 COFFEY