Tree Farm Trumps Scenic View In Land Easement

When the owners of a 43-acre oceanfront property in Sagaponack lined a section of it with Christmas trees in May, the action appeared to be in violation of an agreement the landowners had made with the Peconic Land Trust.

The owners, Marc Goldman, Michael Hirtenstein and Milton Berlinski, had pledged to keep about 25 acres undeveloped, maintaining scenic views of the property’s farmland. This easement they granted the trust also states that the preserved land would not be fenced off or screened with plantings. In exchange, the property owners enjoyed property tax relief on that portion of the land.

Yet clearly visible from Daniels Lane is a row of trees that traces the outline of the easement’s boundaries, although not the entire easement area. They run almost the entire length of the property along the road, save for a 2.5-acre stretch at the northwest corner, where Mr. Goldman had proposed building a 12,000-square-foot home that ultimately was denied by the Sagaponack Village Board.

The trees, which were planted following that denial, were believed by many to be an act of retaliation. Mr. Goldman, who owns a majority of the land, denied that in an opinion piece in the Observer in July, saying he had always intended some kind of agricultural use of the land.

When the trees appeared, John v.H. Halsey, the land trust’s president, said the trust would survey the property and examine the easement agreement for compliance.

“As long as what they are doing is basically agricultural in nature, they can put trees on there,” Mr. Halsey said last week, confirming that his organization had in fact inspected the property.

“The easements we have are meant to encourage agriculture but not to have a scenic vista trump the agricultural production,” he added. “We take the position as an organization that agriculture is scenic.”

The easement even permits hedgerows or deer fencing to protect a crop, Mr. Halsey noted. If the landowners had planted the trees simply for privacy or as part of a landscaping beautification plan, then they would be in violation.

Just a few feet tall now, the evergreens serve as a windscreen for thousands of sapling evergreens. The property owners have said they are running a standard Christmas tree farm operation and expect to harvest the trees once they reach 5 to 7 feet tall.

“If they’re not intending to sell those trees, that won’t become evident for a number of years,” Mr. Halsey said. “It’s hard to believe they’d go through the expense to have them if they’re not going to sell them.”

In addition to planting trees, Mr. Goldman is also suing the village for denying his application to build a single-family home. Village officials said they had already endorsed an earlier proposed four-lot subdivision at the southern end, emphasizing their desire to keep the remaining land open and visible from Daniels Lane. Those views are now at the mercy of the evergreens.

The lawsuit filed in March accuses the Sagaponack Village Board of bias and taking unreasonable steps to thwart the applicants’ efforts to justify subdividing a single building lot on the property.

Attorney David Eagan, with Eagan & Matthews PLLC, who is representing the owners, said the suit is awaiting a decision in State Supreme Court.

Mr. Goldman purchased the entire 43-acre property in 2000 for $15 million. In 2005, he sold two shares of the land, each one-third, to Mr. Hirtenstein and Mr. Berlinski for $15 million apiece.