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
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"'"'-- (~) 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
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.5o~,e~jed Jul~f 8, 1992
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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
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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