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HomeMy WebLinkAbout1000-95.-3-3.6COUNTY OF SUFFOLK ROBERT J. GAFFNE¥ SUFFOLK COUNTY EXECUTIVE ROBERT J. CIMIno October 6, 1994 DEPARTMENT OF LAW DIVISION OF REAL ESTATE ADDRESS ALL COMMUNICATIONS IN THIS MATTER TO: Thomas J. Fisher Building Inspector Town of Southold Southold Town Hall 53095 Main Road Southo!d, N.Y. 11971 Re: SH0-880 Berkman, Barrv. Deborah & Andrew ............ Tax MaD No. 1000-095-03-003.006 and ±uuu-±u±-u±-uz~ formerly_known ~s ~ax .Ma~ No. 19Q0-0~5-03-003&903a ~ Suffolk ~oun~y ~arm±ana Freserva~lon ~roqram. ~nas~ Dear Mr. Fisher: We enclose herewith the following: 1. CODV of dee~ for Development Rights, recorded in Liber 11686, PaGe Q29. 2. .Suryey~o~i~. ~and~ for which Development rights are owned Dy ~UIIOlK ~ounny. 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 identiTied in the survey enclosed, we strongly request, respectfu%ly, that no building permits be issued for any development whatsoever except and only after, the Suffolk Cg~nty ~el~ct Committee on Agriculture has consented ~o the app±icaulon in aavance. Very truly yours, ~ DPF:DMK:ma Enclosures David P. Fishbein. Director Division of Real Estate cc: Stephen M. Jones, Director, Planning Department Waype R. Thompson, Rental/Inventory Uni~ Richard J. LaValle, Chief Engineer, DPW w/Deed Judith T. Terry, Town Clerk Scott A. Russell, Chairman, Board of Assessors Richard G. Ward, Chairman, Planning Board SOUTHOLD TDWN PLANNING BO~S~' COUNSEL DOUGLAS ELLI~t~N Andrew S. Berkman Attorney at Law March 17, 1994 Ms. Melissa Spiro Town of Southold Planning Department Main Road Southold, NY Dear Melissa: Re: Berkman Farms/South Side Oregon Road We have "carved out" an additional parcel which meets the present zoning requirements of the town of Southold. For the present, we do not intend to seek a minor subdivision but merely want to reserve the With every good wish. ASB:ct Enc. option to do so. I thought it appropriate that you have a copy of this survey. Sincerely yours, Andrew S. Berkman 135 E~ST 57TH SmEET, 20TH FLOOg, NEW YOV, K, NEW YOWK 10022 TEL: (212) 888-3800 F~,x: (212) 751-0839 Here is a copy of the survey prepared by Howard Young; as you know, the farm is being considered for acquisition by the County of the Development Rights. Aadrew $. Beckman Attorney ~t 135 F~t 57th Street New York, NY l~022 (212) 858-3800 Fax: (212) 751-0839 Memorandum by Telecopier To: Melissa Spiro Date: Sanaary 18, 1994 Total Pages: 2 Here .is a copy of the survey ~ ' o. the front portion of the fa~n on the south side of Oregon Road. We aJe abou~ - *~,,- ' , -- ' to ,.:n,~, into a cont,~ct w'~Lh Suffolk Count3, for the sale of develop~nent rights of the eh.t/re fawn other than (a) the 2 acre p~cel containing the house, the barn and the outbuildings, ~td (b) the addifio~l< paxcel ! have outlinexl. This <'c. ond parcel will be 2 acre. exc.ustv¢ of the ( nveway. The pm'cel will be !ocated behind the Scudell~i house and the driveway will be 20' in ,J~idth running north to Oregon Road. As we did with ~,h,e last t~.rm sale (to the town of Southold), I do not intend at this time to f'de a minor subdivS:ioa. However, I did want m obtain input from the town planning board as to ti'~e pr¢<edures outlined and shown on my survey in order ~at I know that each cf the potenfiM lots will comply with your ~equiremcnts. I will call you later today. Thanks. By tclecopier to: 516 765-1823 cc: Barry Berkman O~GON _ / ¥.4 I; "'"'-- (~) COUNTY OF SUFFOLK -- HARVEY A. ARNOFF Town Attorney MAI~rHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD March 10, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 VIA FACSIMILE and REGULAR MAIL Andrew S. Berkman, Esq. 135 East 57th Street - 20th New York, New York 10022 Floor Re: Acquisition of Development Rights Dear Mr. Berkman: Pursuant to your facsimile transmission to me of March 9, 1993, the following response is being submitted for your consideration: By the acquisition of the development rights the Town of Southold is giving absolutely no indication of any approval whatsoever to a subdivision of this property. In fact, whether or not you create a "view corridor" (which I understand to be a prerequisite of this particular acquisition) or whether or not you receive subdivision approval on the remaining land to the north, will not be deemed to in any way impact upon this acquisition. Perhaps the easiest way to accomplish this entire procedure would be as follows: That you obtain an up-to-date survey guaranteed to yourself, to the Town of Southold and to Commonwealth Title on the entire premises depicting thereon the land along Oregon Road, the right-of-way, the "view corridor" and the remaining piece which you have styled Parcel B. Bear in mind that this municipality, for all purposes, views this parcel as one united piece with or without the development rights. My suggestion is that if, in fact, after you secure the updated survey setting forth precisely the metes and bounds of what it is you intend to do and its impact upon our acquisition of the development rights, we will, if the acquisition is still acceptable to the municipality, share equally the cost of the survey with you. Otherwise, you, of course, would have to bear the entire cost thereof. Andrew S. Berkman March 10, 1993 Page 2 Kindly discuss this matter with your brother and sister and if same meets with your approval you may respond by signing at the foot of this letter, in the place provided, indicating that you accept the terms and conditions of this letter and agree that same become part and parcel of the contract. Should you wish to discuss this matter with..q~ur~r today, I will be at (516)727-,160. ~'jj HAA:mls . ~/~ cc: Dick Ward, Chairman, Planning Board ~ ~ P.S. ~dd~tlon~lly, I have enclosed a copy o~apter 25 of the To~n Codo for . Andrew S. Berkman 1.7 6::.e'l I ! .5o~,e~jed Jul~f 8, 1992 -4' ~0 souND 94- 3, 3 ¥ f°rrn~rt~/ d~ o/ SUFFOLK COUNTY FARMLAND PRESERVATION PROGRAM AT SOUTHOLD TAX MAP: DISTRICT TOWNSHIP: OWNER: I000 SECTION 95 BLOCK. 3 LOT. AGRICULTURAL SOUTHOLD S.D.: 9 ZONING- ~ ANDREW S. BERKMAN, BARRY BERKMAN 8 DEBORAH BERKMAN P.O. BOX 40, BELLMORE, NEW YORK 11710 REFERENCE. DEED: LIBER 9746 PAGE 500 3.3 TOTAL AREA: AREA TO BE RETAINED BY OWNER: RETAINED PARCEL "A": RETAINED PARCEL "B": AREA TO BE ACQUIRE CROPLAND. 39,88~ ACRES 5.8160 ACRES I.~B6~ ACRES 1.9795 A~RFR 56.0759 ACRES 36.0739 ACRE~ NOTE: · : MONUMENT FOUND 0 :SPIKE SET f°rr%r/~, U LT IVATE D FI EL D~''/// L °ok, ~ ~Or Pi~ f°r~e 'e~'or~?, 4~Oc¢ble~ Or formerly ;~n f°rme W/Ckhorn ~o~ or 4ndr Or for Ol AT SURVEY OF PROPERTY FOR COUNTY OF SUFFOLK FARMLAND DEVELOPMENT RIGHTS ACQUISITION PROGRAM PHASE llT MATTITUCK TOWN OF ~ SUFFOLK COUNTY, NEW YORK EO0 lO0 0 I00 SCALE IN FEET CERTIFIED TO: COUNTY OF SUFFOLK COMMONWEATH LAND TITLE INSURANCE COMPANY ANDREWS 8ERKMAN, BARRY BERKMAN ~DEBORAH BERKMAN YOUNG & YOUNG LAND SURVEYORS 400 OSTRANDER AVENUE R,VER.EAD. NEw YOR ALDEN W. YOUNG, NY.S.P.E. 8 L.S. LIC. NO. 12845 HOWARD W. YOUNG, N.Y.S.L.S. LIC. NO. 45893 THOMAS C. WOLPERT, N.Y.S.P.E. LIC. NO. 61485 KENNETH F. ABRUZZO, N.Y.S.L.S. LIC. NO. 49999 2O0 DATE: FEB. 28, 1994 NO. 94 - 0051