HomeMy WebLinkAboutPage, David & Barbara ShinnRESOLUTION 2010-416
ADOPTED
DOC ID: 5957
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-416 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 1, 2010:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Agreement with David Page and Barbara Shinn
relating to limited authorization to hold 4 specified events on portions of development
rights land located at SCTM #1000-100-4-3.2 between June 15~ 2010 and August 31, 2010,
upon satisfaction of various conditions, including but not limited to, approvals of the Fire
Inspector with respect to the use of any tent and emergency vehicle access and Captain Flatley
with respect to traffic control and parking, and an acknowledgement by all parties to said
Agreement that any authorization granted hereunder is limited to the specified events and is not
in any way intended to modify the terms of the Town's development rights easement nor shall
this authorization constitute a waiver of the enforceability of the Town's easement rights. The
Town Board's authorization to execute the aforesaid Agreement is subject to the approval of the
Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUSI
MOVER: William Ruland, Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Krupski Jr., Evans, Russell
ABSENT: Christopher Talbot
MARTIN D. FINNEGAN
TOWN ATTORNEY
martin.finnegan@town.southold.ny.us
JENNIFER ANDALORO
ASSISTANT TOWN ATTORNEY
jennifer.andaloro@town.southold.ny.us
LORI M. HULSE
ASSISTANT TOWN ATTORNEY
lori.hulse@town.southold.ny.us
SCOTT A. RUSSELL
Supervisor
Town H~lAnnex, 54375Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
June 2,2010
VIA FACSIMILE
Charles R. Cuddy, Esq.
445 Griffing Avenue
Riverhead, NY 11901
RE: AUthorization to Use PDR Land
SCTM #1000-100-4-3.2
Dear Mr. Cuddy:
As you know, the Town Board passed Resolution No. 2010-416 last evening
authorizing Supervisor Russell to enter into an Agreement with your clients, David Page
and Barbara Shinn, to utilize portions of the Town's PDR land on the Shinn winery
property for 4 specified events. A copy of the adopted resolution is attached hereto.
In order for this office to draft the requisite Agreement pursuant to the aforesaid
resolution, please forward the following to my attention at your earliest convenience:
Copies of the contracts between your clients and the wedding party and
any caterer for each event; and
A survey depicting the proposed placement of the tent for each event and
how parking of vehicles will be accommodated.
I note that the Town Board has expressly stated that any authorization granted
pursuant to the proposed Agreement will be limited to the events specified and is not in
any way intended to result in a modification or waiver of the Town's easement rights.
In addition, as discussed, the approval by the Town of any future special events
at this site will undoubtedly be dependent on a showing by Shinn Vineyards of the
Charles R. Cuddy, Esq.
June 2,2010
Page 2
availability of off-site parking as the Town's paramount concern is the health, safety and
welfare of guests and visitors to the site.
Please feel free to contact me with any questions.
Ma~in D~._n_n., uw,, ~,~y ~...egan
MDF/Ik
Enclosure
cc: Members of the Town Board ~
Ms. Elizabeth A. Neville, Town Clerk
JUN. 11.2010- 8:40AM NO. 862 P. 2 -
ORIGINAL
,AGREEMENT
THIS AGREEMENT, medethis Ib'4~day of ~--c~f_', 2010, between
DAVID PAGE and BARBARA SHINN d/b/a 'Shinn Vineyards', residing at 2000
Oregon Road, M=[Gi. dck, New York 11952 (hereinafter referred to collectively as
~Shinn') and the TOWN OF SOUTHOLD, a municipal corporation of Itte Slate of
New York, having its prinolpal place of business located at 53095 Main Road,
Southold, New York 1t971-0959 (hereinafter referred to as the 'Town").
WITNESSETH:
WHEREAS, the Town by Dccd dated March 20, 2000, and recorded
April 4, 2000, was granted a Deed of Development Rights by Shtnn over 21.274
aoras oflhe premises located at 2g00 Oregon Road in Mattituck, New York,
8CTM # 1000-100-4-3~., hereinaRer fl~te premises', in exchange for valuable
consideration; and
WHEREAS, byway ofthe aforesaid Deed, Shinn granted and mleasad to
the TOWN their perrrranant legal right to prohibit and restrict the use of the
premises for any purpose other than bona fide agricultural p~ as defined
in GML 247 in perpetuity and did so covenant and agree to only use the
premises for such agricultural production; and
WHEREAS, Shinn ia dasimus of using certain portions of the premises to
hold four specified wedding events between June 15, 2010 and August 31, 2010;
and
WHEREAS, the Town Board of the Town of Southoid, by way of
Resolution No. 2010-416, adopted June 1, 2010, granted authorization to
Supervisor Scott A. Russell to enter into an agreement au~orfzing Shinn to
utilize certain portions of the premises subje~ to oerlain specified conditions and
approvals from various Town departments and agencies.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements set forth below, the parties agree as follows:
1. Upon satisfaction of the conditions set forth in Paragraph 2 below,
the Town hereby authorizes and approves the use by Shinn of 1flat po~on of the
premises ide. Gf'.~d on the survey attached hereto as Exh~oit 'A' for the sole
: JUN. 11.2010-8:¢OAM N~ 862 P. ~
purpose of erecting a tent to a~ommodate four (4) wedding celebrations on the
~ollowlng dates:
June 19, 2010
June 26, 2010
July 10, 2010
August 28, 2010.
2. Shinn agrees that the authorization granted in paragraph 1 above is
contingent upon their satisfaction of the following conditions:
(a) Approval by the Fire Inspector of the placement and use of
the tent and emergency vehicle acoess to the premises;
(b) Approval by Captain FlafJey of the Southold Town Police
Depallment with respeot to traffio control and parking on and
~ ~e promises;
(c) Compliance with all condiUons of the winery permit, including
but not limited to:
(1) Adequate supervision and direc~on of all parking on
this site.
(2) Directional parking signs adequately displayed,
Indemnification of the Town of Soulf~ld from ail
claims, damages, expenses, suits and losses,
including but not limited to. altomeys' fees a~ing
from activities under this.parm[t. A CerUrmate of
Liability Insurance naming the Town of 8outhold as
an additional insured in .the amount of One Million
($1,000,000,00) Dollam is filed by Shinn, and said
CerUflcate must remain in full force and effect during
this entire event.
Tent proposals must receive prior written approval
from the Southold Town Building Inspector before
placement on the property an~J must meet all fire and
(5)
Adequate temporary sanitmy facilities must be
provided by Shinn for each event, and Shinn agrees
to remove the temporary faa'lrdes from the premises
within 48 hours of the day of the event
2
JUN. il. 2010" 8:41^M NO. 862 P. 4
klo on-site food preparation is permitted, although
food may be catered subject to all health regulations.
Events for threa hundred (300) or more people
require submission and approval of a traffic control
plan, acceptable to the Town.
Violations in connection with this event will terminate'
this permR,
This authorization does not in any manner pen-nit
occupancy of the principal building exceeding the
legal limitations under the Fire Code, or o~er Codes
which would prohibit such itqcreased occupancy.
(10) Two fire exits shall remain open and unobstruMed at
all times to building(s) on the property.
(11) Music, when outdoors, is requbed to stop at 10:30
p.m.
(12) Placement of the speakers must be approved by the
winery management.
(13) Where poasa3k,, r~ bands,aU,er than disc jockeys
will be encouraged.
(14) When disc jockeys am used, the decibel levela will be
monitored to ensure aoceplable levels.
Organizers of the events will be required to use an
approved disc jockey recommended by the winenj or
have their own disc jockey sign a contract agreeing to
the above. If they do not honor the eontra~ the
winery will have the right to remove the diso jockey
from the premises.
(lo)
Off-road parking will be provided, either on the winery
premises or at another alte that Is off of the toed.
Parking assistants will be provided by the winery for
this ever~, when appropriate.
3. Shinn expressly acknowledges that the authorization granted
hereunder is ~'nited to the events specified in paragraph I and is not intended to,
nor shall it be interpreted as, a waiver or modification of the rights granted to the
Town under the Deed of Developmerlt Rights or under Town Law or Town Code.
JUN, 11,2010- 8:41AM NO. 862 P, 5
IN wrI'NESS WI-IEREOF. the parties hereto have set their hands and
seals the day and year first above written.
Barbara Shinn ~
STATE OF NEVV YORK)
COUNTY OF SUFFOLK)
On this/~day of ~cc~l ~-~. in the year 2010, before me personally
appeared SCO'CI' A. RUSSELL, known to me or proved to me on the basis of
satisfactory evidence to be the indfvidual whose name is subscribed to the within
instrument and acknowledged to me that he exeouted the same in his capacity
and that by his signature on the instrumer~ the jl~lli~ or the person upon
behalf of which the individual acted, executed ~~
Notary Public, State of New Yon~c
No, 01FI6056707
STATE OF NE"~V YORK ) eua~i[ied in Suffolk County_ t (
) ~.: Commission Expires March 26.20 ~
COUNTY OF SUFFOLK)
appeared DAVID PAGE. I~i~own to me or proved to me on ~ basis of
sath~'a~(~y evidence to be the individual whose name is subscribed to fl~e within
instrument and acknowledged to me that he executed lJle same in his capacity
and that by his signature on the instrument, the individual, or the pemon upon
· No ry
BO~NI~. OROSKI
Nota~./Public, State O! NewYork
No. 01D06095325, Suffolk County
Term £xpiresJuly 7, 20 [ ~.
4
'" JUN. II. 2010' 8:41^M N0.862 P. 6
STA'rE OF NEVV YORK )
) SS.:
COUN'I-Y__ t ~I~'OF S~O[.K)
O? _t. ll.ls_ __L=.~._~ day of __~J.,~, in the y~r 2010, I~fore me persomaJly
ep..po?r~? ~ SHIN~I~ ~ to ~ or proved to me on the basis of .
salisfacto~ evidence to beV~e individual whose name is subscribed to the within
~mment and ~ to me that she exl~cuted the same in her capacib/
that by her signature on the instrument, l~e individual, or lhe ~ upon
uei~alf of which lf~ individual acted, executed/t~e instrument. ~, J~
130f~NIEJ. DORO~
flot~i~ Pubfio, State Of New York
I~o. 01DO6095328, Suffoll~ ~ounty
Term Expire~ Jul)' 7, 20 ~
~SURYE¥ OF PROPERTY
TOI'~N OP 5OI.,rfHOLD
~OLK COt~l'h'.. 141'
5UPPOLK COJNT¥ TAX #
BARBARA 5HINN
C, OHHO~LTH LAND
TITLE INCCJRAN~E
REFERENCE ¢ 98-2?0