HomeMy WebLinkAboutDickerson, Parker, Betsey & Chester i
F �y
�
SLI
DEED
DEC�� f
'' 4 199?_
'OF ;n r
DEVELOPMENT RIGHTS
�l . �. . s
3
1:'101
THIS INDENTURE, made, this�day of kf� ,'&YA,�/� 1992
�°�� �.•®�+ ' BETWEEN PARKER E. DICKERSON and BETSEY DICKERSON,
DISTRICT residing at ,Mill Creek Drive, Southold, New -York, and CHESTER M.
1000
DICKERSON, residing at Mountain View Manor, Torrington Connecticut,
SECTION
U 5555—U party of the first part, and
BLOCK THE TOWN OF SOUTHOLD, a municipal corporation of the State of
02.00
New York, having its office and principal place of business at Main
LOT
)0 9.DO I Road, Town of Southold, County of Suffolk and State of New York,
party of the second part.
WITNESSETH
DISTRICT That the party- of the first 'part, in consideration of ten and
1000
00/100 ($10.00) dollars, lawful money of the United States, and other
SECTION
055 good and valuable consideration paid by the party of the second part,,
BLOCK DOES HEREBY GRANT AND RELEASE unto the party of the second
01 -oc)—
part, its successors and assigns forever, the DEVELOPMENT RIGHTS,
LOT
008.0oo 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 Chapter 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 property described as follows:
PARCEL I
ALL that certain plot, piece or parcel of land, situate, lying and
being in the Town of Southold, County of Suffolk and State of New York
being bounded and described as follows:
BEGINNING at a point on the easterly side of Railroad
Avenue distant 1522.93 feet northerly from the corner
formed by the intersection of the northerly side of C.R. 48
Middle Road) with the easterly side of Railroad Avenue
(Youngs Road);
RUNNING THENCE North 781 39' east along other lands now
formerly of Dickerson 285.0 feet to a point;
THENCE North 111 21' west still along land now formerly
Dickerson 288.69 feet to a point and land now formerly of
Grigonis;
THENCE North 751 54' 00" east along last mentioned land
319.69 feet to a monument and land now formerly of —
Grigonis;
THENCE South 11° 34' 10" east along land now formerly
Grigonis Avenue land now formerly Moffat and land now
formerly Carroll a distant of 1063.90 feet to a monument
and land now formerly Van Duzer;
THENCE South 100 53' 50" east along last mentioned land
347.77 feet to a point and land now formerly of Suffolk
County;
THENCE the following 2 courses and distances along last
mentioned lands:
1 . South 66° 44' west, 213.72 to a point;
2. South 111 21' east, 199.0 feet to land now
formerly of Luhrs;
THENCE South 661 38' 40" west along last mentioned lands
150.0 feet to a monument;
THENCE South 111 21' east 13.25 feet to a monument and
land now formerly W. Hufe;
THENCE South 79° 47' west along last mentioned land 105.0
feet to a point and land now formerly of Harris;
THENCE North 11° 21' west along last mentioned lands 63.0
feet to a point and land now formerly of Stankswicz 8
Goldense;
THENCE North 790 47' east, along last mentioned lands 5.0
feet to a part;
THENCE North 101 17' west along last mentioned lands and
land now formerly Bugovik 245.0 feet to a point;
THENCE South 790 47' west 154.55 feet to the easterly side
of Railroad Avenue;
THENCE North 11° 21' 00" west along the easterly side of
Railroad Avenue 1082.00 feet to the point or place of
BEGINNING.
PARCEL II
ALL that certain plot, piece or parcel of land, situate, lying and being
at Southold, in the Town of Southold, County of Suffolk and State of New r
York, bounded and described as follows:
BEGINNING at a point on the westerly side of Railroad or
Youngs -Avenue where the same is intersected by the
southerly line of land now or formerly of Grigonis,
formerly of Patrick Carey;
THENCE along the westerly side of Railroad or Youngs
Avenue south 110 21' 00" east 1673.70 feet to land now or
formerly of E. Dart;
THENCE along said land south 760 47' 50" west 682.3 feet
to land now or formerly of Conway;
THENCE along said land the following courses and distances:
1 . North 100 47' 40" west 470.5 feet;
2. South 720 04' 30" west 1006.22 feet to the
easterly side of Horton Lane;
RUNNING THENCE along the easterly side of Horton Lane
north 90 30' 50" west 395.91 feet to land now or formerly
of Johnson;
THENCE along said land the following three courses and
distances:
1 . North 72° 12' 30" east 185.52 feet;
i1584PIG
2. North 171 47' 40" west 50 feet;
3. North 280 33' 30" west 161 .94 feet to the
southerly side of North Road;
THENCE along the southerly side of North Road, north 331
01' 50" east 105.85 feet to other land now formerly of
Dickerson;
THENCE the following 3 courses and distances along last
mentioned lands:
1 . South 56" 58' 10" east, 250.0 feet to a point;
2. North 331 01' 50" east, 315.0 feet to a point;
3. North 561 58' 10" west, -188.36 feet to a monument
and land now formerly of Volosik;
THENCE North 721 12' 30" east along last mentioned lands
337.33 feet to a monument;
THENCE North 520 06' 40" west still along last mentioned
lands 209.20 feet to a monument and land now formerly of
Naman;
THENCE North 630 43' 20" east along last mentioned lands =
and now formerly Grigonis 1031 .20 feet to a monument set,
in the easterly side of Youngs or Railroad Avenue and the
point or place of BEGINNING.
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 above 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
inciumbered in any way whatever, except as aforesaid. The party of the first
11584PbIG5
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 13 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."
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.
The word "party" shall be construed as if it reads "parties" whenever
the sense of this indenture so requires.
: 11584POIS6
e
SOURCE OF TITLE to said estate or interest in said land at the effective
date hereof is vested in:
Chester M. Dickerson, individual and as specific devisee
under the last will and testament of Mahlon D. Dickerson
deceased.
Parker E. Dickerson, as specific devisee and the last will
and testament of Mahlon D. Dickerson deceased and Betsey
Dickerson, his wife.
By the following two (2) deeds:
1 . From Eugene B. Gagen and Sophie D. Gagen, his
wife, dated 11-29-57 and recorded 12-2-57 Liber 4399 cp.
87.
2. From Margaret B. Dickerson dated 9-3-83 and recorded
11-1-83 Liber 9453 cp. 73.
IN WITNESS WHEREOF, the party of the first part has duly executed
this deed the day and year first above written. _
Parker E. D�on
etsey 6icke o
Chester M. Dickerson
STATE OF NEW YORK)
ss:
COUNTY OF SUFFOLK) n
On this / day of (XPC1992, before me personally came
PARKER E. DICKERSON to me known to be the individual described in and
who executed the foregoing instrument and acknowledged that he executed
the same.
Notary Public
HARVEY A.AANOFF
Notary Public,State of New York
No.52-)096585-Suffolk County
Commission Expires— 444d�-3
g . 11584P"197
STATE OF NEW YORK)
ss:
COUNTY OF SUFFOLK)
On this � day of �� ,� /-,o 1992, before me personally came
BETSEY DICKERSON to me known to be the individual described in and who
executed the foregoing instrument and acknowledged that she executed the
HARVEY A.ARNOFF
same. Notary Public,State of New York
No.52-MSU-Suit un
Commission Expires
Notary Public - -
STATE OF .N E19 QIZK) N
SSj `L`1 N0. 5G
COUNTY OF Commission Ex ices
On this ,�,`� day of \��,�t�����7 �_t— 1992, before me personally came
CHESTER M. DICKERSON to me known to be the individual described in and
who executed the foregoing instrument and acknowledged that he executed
the same. _
Lav��
Notary-Public
My Commission In.Jure 30, 1996
Security Title and Guaranty Company
205 0;borne' Avenue
- N
. 2
^ CSl
M IV
(FORM OF AGREEMENT)
THIS AGREEMENT, made the�day of 1912,, between
Parker Dickerson and Betsey Dickerson, ux residing at Mill Creek Drive,
residing at mountain , Torrington
Southold, NY 11971 and CHESTER DICKERSON/ hereinafter referred to as the CT
"Seller"and the TOWN OF SOUTHOLD, a municipal corporation of the State of
New York having its office and principal office at Main Road, Southold, New
York, hereinafter referred to as the "Purchaser."
W I T N E S S E T H
11 The Seller agrees to sell and convey, and the Purchaser agrees to
purchase the Development Rights, as hereinafter defined, in ALL that certain
plot, piece or parcel of land, situate, lying and being in the Town of
Southold, County of Suffolk and State of New York, more particularly bounded
and described as set forth in the description annexed hereto as RIDER "A".
21 Development Rights, as authorized by 247 of the New York State
General Municipal Law, as amended shall mean the permanent legal interest
and right to permit, require or restrict the use of the premises exclusively
for agricultural production as that term is presently defined in Chapter 25 of
the Southold Town Code, and the right to prohibit. or restrict the use of the
premises for any purposes other than agricultural production. By the sale of
such development rights and interest, the Seller shall be deemed to have
covenanted and agreed that the Seller, and the heirs, legal representatives,
successors and assigns of the Seller, shall only use the premises, on and after
the date of delivery of the instrument of conveyance to the Town, nor such
agricultural production. Such covenant shall run with the land it perpetuity.
EXHIBIT A
4 _; � � l• f' � Ill /
31 The power and purpose of the purchaser is limited to, acquiring the
Development Rights 'in lands used in bona .fide agricultural production and
Purchaser reserves the right, upon obtaining a survey and inspecting the
premises in relation thereto, to hold a public hearing on the acquisition
pursuant -to Section 247 of the Genesi Ailunicipai Law and .thereafter, to
cancel this Agreement if the premises are not entirely used or�suitable 'for
agricultural production, as herein defined, in which case the price will be
adjusted in' proportion to the area deemed suitable using the unit price as
herein set forth.
41 The price is four hundred Vied-tutee thodsand dollars
($ 403,000.00 - )DOLLARS, based upon the
representation of the seller that the premises contain 62 acres, at $ 6,500.00
per acre. The price will be adjusted to the actual acreage. Purchaser will
have the premises, surveyed by a professional engineer or licensed land
surveyor of its choice, at its expense, to determine the actual acreage of the
area suitable for agricultural production. If the Seller is dissatisfied with the
Purchaser's survey, Seller may-have the premises surveyed by a licensed
land surveyor of his choice, at his expense. If there is a substantial
variation between the two -surveys, -the acreage for the purpose of this
contract shall be determined by a third surveyor to be selected by the first_
two. The determination of the third surveyor, whose cost shall be borne
equally by the Seller and Purchaser, shall be binding, provided that the
purchaser shall not 'be required to expend more than the original price
stipulated in this contract. If a Seller's survey is secured, the recomputation
of acreage to determine purchase price shall not include land contained in the
bed of any easement; public road, private road,, or of any acres -as to which
any other person or the public may have any rights, but title to the
-2-
• r
Development Rights to all such areas as the seller may have shall,
nevertheless, be conveyed to the Purchaser. There shall be,` no other
adjustments or apportionments.
The price shall be payable by Town of Southold check at the time of
closing.
5] .The deed shall be in the form approved by the Town Attorney, and
shall be duly executed and acknowledged so as to convey to the Purchaser
Development Rights of the said, premises, free of all liens and encumbrances,
except as herein stated, and said deed shall contain such trust clause as is
required by _law.
If the Seller is 'a corporation, it shall deliver to the Purchaser at the
time of the delivery of the deed hereunder a resolution of its board of
directors authorizing the sale and the delivery of the deed, and' a certificate
by the secretary or assistant secretary of the corporation certifying such
resolution and ,setting forth facts showing that the conveyance is in
conformity with the requirements of 909 of the Business Corporation Law. The
deed in such case shall contain a recital sufficient to establish compliance with
said section.
61 At the closing of title the Seller shall deliver to the Purchaser a
certified check to the order of the recording officer of the county for the
amount of the documentary stamps to be affixed thereto in accordance with
Article 31 of the Tax Law.
71 Any sums paid on account of this contract and the reasonable
expenses of the examination of the- title to said premises and of the survey, if
any, made in connection therewith are hereby made liens on said premises,
but such liens shall not continue after default by the Purchaser under this
contract.
-3-
81 The Seller agrees that, the underlying fee title retained by the Seller
into plots by the -filing of a subdivision map pursuant
may not be subdivided
to 265 and 277 of the Town Law and/or 335 of the Real Property Law, or
lawn,. amending or replacing.the same. The underlying fee may be divided
only pursuant to applicable provisions of law and upon approval .of the Town
Planning Board or its successor. The provisions of this section shall survive
delivery of_the instrument -of- conveyance.
91 Rights hereunder sold. are sold and are to be„conveyed subject to:
NO EXCEPTIONS.
101 The Purchaser- may make its determination of whether the-premises
are free from all encumbrances, except as stated, as set forth in Paragraph
5, on the basis of its own examination of the title, or that of its agents, or a
title report of a member company of the New York Board of Title Underwriters,
and may require the Seller to clear title .exceptions raised to the satisfaction
of the Purchaser, and, if any is involved, the title company.
111 If at the date of closing there may be- any other liens or encumbrances
which the Seller is obligated to pay and discharge, the Seller may use. any portion,
of the balance of the purchase price to satisfy. the same-, provided the Seller
shall simultaneously either deliver to the -Purchaser at,the closing of title,
instruments. in recordable form and sufficient to satisfy such liens and
encumbrances of record together with the cost of recording or filing said
instruments. The ,Seller,agrees to sign such proper vouchers for the
closing check(s) as may be requested by ,the Town Fiscal Officer at least;two
weeks prior to the date fixed for closing. The Purchaser, if request is made
withing a reasonable time prior to the date of closing of title, agrees to
provide at',the closing separate checks as requested, aggregating the amount
-4-
of the purchase price, to-facilitate the satisfaction of any such liens and
encumbrances shall not be deemed objections to title if the Seller shall comply
with the foregoing requirements.
12] If a search of the title discloses judgments, bankruptcies or other
returns against other persons having names the same or similar to that of the
Seller, the Seller will, on request, deliver to the Purchaser an affidavit
showing that such judgments, bankruptcies or other returns are not against
Seller, if such is the case.
131 In the event that the Seller is unable to convey title in accordance
with the terms of this contract, the sole liability of the Seller will be to pay
the cost of examining the title, by the Purchaser, the Purchaser's agents, or
the Purchaser's title company, which cost is not to exceed the charges fixed
by the New York Board of Title Underwriters, and the cost of any survey
made in connection therewith incurred by the Purchaser and upon such
payment being made, this contract shall be considered cancelled.
14] The Seller, simultaneously with the execution and delivery of this
Agreement, has also delivered the required verified public disclosure
statement for filing with the Town Fiscal Officer. At the time of the closing,
the Seller shall submit a then applicable such statement or a sworn statement
that there have been no changes in interest since the date of this Agreement.
Any evidence of a conflict of interest or prohibited contractural relationship
shall require approval of the contract and sale by the Supreme Court.
15] The deed shall be delivered upon the receipt of said payments at the
office of the Supervisor, Southold Town Hall, Main Road, Southold, New York.
161 The parties agree that no broker brought about this sale.
-5-
ti
®� 1k
171 It is understood and agreed that all understandings and agreements
had between the parties hereto merged in this contract, which, with the
exhibits, fully and completely expresses their agreement, and that the same is
entered into after full investigation neither party relying upon any statement
or representation made by the other, not embodied in this contract.
181 The agreement may not be changed or terminated orally. The
stipulations aforesaid are to apply to and bind the heirs, executors,
administrators, successors and assigns of the respective parties.
191 If two or more persons constitute the Seller, the work "Seller" shall
be construed as if it read "Sellers" whenever the sense of this Agreement so
requires.
2 ] The closing date shall be on or about November 15, 1992 at the
Southold Town Hall, Main Road, Southole, New York.
IN WITNESS WHEREOF, this Agreement has been duly executed by the
parties hereto on the day and year first o e written
e er
e e_r
" Seller
TOWN OF SOUTFWLD
BY
-At��
Scott e Harris, Supervisor
Purchaser
ATTEST:
APPROVED AS TO FORM:
Si wn Attorney
Or
JUDITH T. TERRY a Town Hall, 53095 Main Road _
�. - - _:.:��� -.
nz P.O. Box 1179
TOWN CLERK
REGISTRAR OF VITAL STATISTICS ;, ;< Southold, New York 11971
MARRIAGE OFFICER �® �' Fax (516) 765-1823
e� �''' r Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THjI'S IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 20, 1992:
RESOLVED that the Town Board of the Town of Southold hereby sets 8 :00
P.M. , Tuesday, June 16, 1992, Southold Town Hall, Main Road, Southold,
New York, as time and place for a public hearing on the question of the
Acquisition of Development Rights in the Agricultural Lands of the following
properties:
1 . Barry Berkman & others, north side of Oregon Road, Mattituck, Tax
Map No. 1000-94-3-3, 28± acres, $7,500.00 per acre, for a total of
approximately $210,000.00.
2. Adrian H. Courtenay, III, north side of Wickham Avenue, Mattituck,
Tax Map No. 1000-107-5-p/o 6.1 , 20 acres, $9,500.00 per acre, for
a total of $190,000.00.
3. Chester, Parker & Betsey Dickerson, west and east side of Youngs
Avenue, Southold Tax Map Nos. 1000-55-1-8 & 1000-55-2-9.1, 62
acres, $6,500.00 per acre, for a total of $403,000.00.
Judith T. Terry-
Southold Town Clerk
May 21, 1992
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
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 16th day of June, 1992, at 8:00
P.M_, at the Southold Town Hall, Main Road, Southold, New York, on the
question of the acceptance of options for the acquisition, by the Town of
Southold, of the development rights in the following parcels of agricultural
lands, to wit:
1. A parcel of land owned by Barry Berkman & others, comprising
approximately 28 acres, located on the north side of Oregon Road,
Mattituck, New York.
2. A parcel of land owned by Adrian H. Courtenay, 111, comprising
approximately 20 acres, located on the north side of Wickham Avenue,
Mattituck, New York.
3. A parcel of land owned by Chester, Parker and Betsey Dickerson,
comprising approximately 62 acres, located on the west and east sides of
Youngs Avenue, Southold, New York.
FURTHER NOTICE IS GIVEN that option agreements between the
owners of the above described parcels of land and the Town of Southold,
containing a more detailed description of the above mentioned parcels of
land, are on file in the Southold Town Clerk's Office, Southold Town Hall,
Main Road, Southold, New York, and may be examined by any interested
persons during normal business hours.
DATED: May 20, 1992.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON MAY 28, 1992, AND FORWARD THREE (3)
AFFIDAVITS OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN
HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971.
Copies to the following:
The Traveler-Watchman
The Suffolk Times
Town Board Members
Town Attorneys
Land Preservation Committee
Town Clerk's Bulletin Board
PUBLIC HEARING
SOUTHOLD TOWN BOARD
June 16, 1992
8:00 P.M.
ON THE PROPOSED AXQUISITION OF DEVELOPMENT RIGHTS OF AGRICULTURAL
LAND OWNED BY BARRY BERKMAN 8 OTHERS, ADRIAN H. COURTENAY, III,
AND CHESTER, PARKER AND BETSEY DICKERSON.
Present: Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff _
Absent: Councilman George L. Penny IV
SUPERVISOR HARRIS: At this time we have a public hearing on the acquisition
of development rights of agricultural lands owned by Berkman, Courtenay, and
Dickerson. At this time, the proof of verification and publication of such change
public hearing. The Town Clerk will now read that.
TOWN CLERK TERRY: "Legal Notice. Notice of 'Public Hearing. 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 16th
day of June, 1992, at 8:00 P.M. , at the Southold Town Hall, Main Road, Southold,
New York, on the question of the acceptance of options for the acquisition, by
the Town of Southold, of the development rights in the following parcels of agricul-
tural lands, to wit: 1 . A parcel of land owned by Barry Berkman 8 others,
comprising approximately 28 acres, located on the north side of Oregon Road,
Mattituck, New York. 2. A parcel of land owned by Adrian H. Courtenay, III,
comprising approximately 20 acres, located on the north side of Wickham Avenue,
Mattituck, New York. 3. A parcel of land owned by Chester, Parker and Betsey
Dickerson, comprising approximately 62 acres, located on the west and east side
of Youngs Avenue, Southold, New York. Further notice is given that option
agreements between the owners of the above described' parcels of land and the
Town of Southold, containing a more detailed description of the above mentioned
parcels of land, are on file in the Southold Town Clerk's Office, Southold Town
Hall, Main Road, Southold, New York, and may be examined by any interested
persons during normal business hours. Dated: May 20, 1992. Judith T. Terry,
Southold Town Clerk." I have a notice, that, I as Town Clerk, posted this
on the Town Clerk's Bulletin Board, that it was published in The Suffolk Times,
'P 2 - PH dev. rights
and The Long Island Traveler-Watchman. I have a letter, a memorandum, to the
Town Board, at the request of the Town Board from Arthur Ross, Chairman of
Land Preservation Committee, dated May 28, 1992. This is written in response
to the request of the Board for a brief report outlining the selection criteria for
the Moelius, I'll explain, was a hearing we held two weeks ago. Berkman, Courtenay,
and Dickerson parcels, which were recommended to the Board for purchase of
development rights by the Town. In carrying out it's role as advisor to the Board,
the Land Preservation Committee, and it's predecessor committees, has sought
to avoid the restrictions inherent in a list of criteria, which a property must meet
in order to be considered for recommendation to the Board. While I can not speak
for - specific decisions of the Farmland Preservation Committee, since it's inception,
Bob Villa, and Gerry Dennahy have shared my concern, that the program not
be subject to challanges on the grounds, that rigid specifications were not met in
each, and every case. At the same time, my colleagues and 1, have been mindful
of the need for guidelines, other than appraisal value for our decision making.
This need became all the more evident when applications increased after the voters
approved the renewed Farmland Program in November, 1991 . After thorough
discussion we reported a list of-factors for committee deliberation, which are
included in the minutes of our meeting of March 10, 1992, which you received.
A copy is enclosed with this letter. These factors are not set in stone. We
expect to change chem from time to time, but they serve for the present. Another
prime consideration entered our deliberations on Moelius, Berkman, Courtenay, _
and Dickerson properties. All four have been referred on to the County, when
Town funds appropriated on the early program had been exhausted. While the
County purchased many Southold Town farms, these four were among those frozen
in the pipeline of County procedures, and we gave them priority. The Berkman
eighteen acre parcel was selected from two offerings made by the same owner.
It adjourns a farm on which the County purchased development rights to thirty-seven
acres. The twenty acre Courtenay property in Mattituck is prime farmland in an
area where several farm families are considering the sale of development rights.
This purchase might be an incentive to go forward. The sixty-two acre Dickerson
parcel was choosen from two offered by this local family. It is east, and west
of Railroad Avenue, otherwise known as Youngs Avenue, north of County Route
48, and may well be the northern boundary of the hamlet of Southold in the future.
will read the factors for committee deliberation. Theirs statute is a bonafide
agricultural production will conserve, protect and encourage the improvement of
prime agricultural lands, both for the production of food and the preservation
of open space. Other, ten acres or more, current production, reasonably accessible
open space factor, resident farmer, probably of development, proximity to other
property under protection from non-farmland use, physical characteristics, and/or
impairment, readily available for transfer, visability, scenic, fertility, soil quality,
and then when have some other data supplied by the Assessors, that is in the
file, and may be examined at any time, as well as information from our accountant
concerning the method, the debt schedule concerning the bond should we purchase
these properties.
SUPERVISOR HARRIS: Thank you. Is there any member of the audience, that
would like to address this Board on this public hearing? (No response.) If not,
I'll declare this public hearing closed.
XJ/udith'
T. Terry
Southold Town Clerk
JUDITH T. TERRY Town Hall, 53095 Main Road
P.O. Box,1179
TOWN CLERK
Southold, New York 11971
REGISTRAR OF VITAL STATISTICS Fax 516 765-1823
MARRIAGE OFFICER ;•. . ' �' Telephone (516) 765-1801
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 JUNE 16, 1992:
WHEREAS, the Town Board of the Town of Southold entered into option
agreements with (1) Barry Berkman S others; (2) Adrian H. Courtenay,
III; and (3) Chester, Parker & Betsey Dickerson for the purchase of the
development rights in their agricultural lands; and
WHEREAS, the Town Board held a public hearing with respect to said
options on the 16th day of June, 1992, pursuant to the provisions of
Section 25-4 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 said option agreements between (1) Barry Berkman & others; (2)
Adrian H. Courtenay, 111; and (3) Chester, Parker & Betsey Dickerson;
now, therefore, be it
RESOLVED that' the Town Board hereby elects to exercise the options to
purchase the development rights in the aforesaid agricultural lands owned
by (1) Barry Berkman & others; (2) Adrian H. Courtenay, III; and (3)
Chester, Parker 1; Betsey Dickerson; and
BE IT FURTHER RESOLVED that the Town Clerk be and she hereby is
authorized and directed to give notice of such acceptance to (1) Barry
Berkman & others; (2) Adrian H. Courtenay, 111; and (3) Chester, Parker
& Betsey Dickerson; and
BE IT FURTHER RESOLVED that the Supervisor be and he hereby is
authorized and directed to execute any and all required documents for the
acceptance of said development rights.
Judith T. Terry
Southold Town Clerk
June 17, 1992
SMFF0Zk
0
JUDITH T.TERRY �� Gym Town Hall,53095 Main Road
TOWN CLERKti ;.c P.O. Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICSO Fax(516) 765-1823
MARRIAGE OFFICER y� • ���
RECORDS MANAGEMENT OFFICER Telephone(516) 765-1800
FREEDOM OF INFORMATION OFFICER
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 MARCH 4, 1997:
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Jean W. Cochran to execute an Agreement for
Modification of Restrictions between Parker E. Dickerson and Betsey
Dickerson and Chester M. Dickerson and the Town of Southold, whereby
the Town consents that the original covenant restricting all subdivision on
their grant of development rights parcel made to the Town on November
25, 1992 be changed and modified so the Dickersons .shall have the right
to split off and sell the southerly eighteen (18) acres of the aforesaid
property, on the condition that both resulting properties may only be
used for agricultural purposes and that no further subdivisions shall occur;
said Agreement all in accordance with the approval of the Town Attorney.
57
Judith T. Terry
Southold Town Clerk
March 5, 1997